This case has been cited 2 times or more.
2009-12-23 |
VELASCO JR., J. |
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The Court also affirms the penalty thus meted on the appellant, reclusion perpetua being the imposable penalty even for unqualified rape. Finally, the award by the CA of moral damages in the amount of PhP 50,000, on top of the award of PhP 50,000 as civil indemnity ex delicto, is in order, even without further proof of moral suffering or anguish, as People v. Jumawid[36] and other cases teach.[37] | |||||
2009-08-04 |
VELASCO JR., J. |
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Bearing the aforementioned principles in mind, we find the prosecution's evidence sufficient for a conviction. The claim that AAA's hymenal lacerations could have been caused by something other than sexual congress is distinctly speculative and does not throw any doubt as to the fact of rape. What is more, proof of hymenal laceration is not even an element of rape so long as there is enough proof of entry of the male organ into the labia of the pudendum of the female organ.[11] |