Lawyerly

GR No. 187077

2011-02-23

MENDOZA, J.

Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[47] Moral damages in rape cases should be awarded without need of showing that the victim suffered trauma, with mental, physical, and psychological sufferings constituting the basis thereof. These are too obvious to still require their recital by the victim at the trial.[48]

GR No. 185839

2010-11-17

PEOPLE v. ARSENIO CABANILLA

MENDOZA, J.

Accordingly, the Court sustains the CA in awarding the amount of P50,000.00 as civil indemnity to the victim. Civil indemnity, which is in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[39] Likewise, the Court finds the award of moral damages in the amount of P50,000.00 proper. Moral damages in rape cases should be awarded without need of showing that the victim sustained mental, physical, and psychological trauma. These are too obvious. To still require their recital at the trial would only prolong their agony.

GR No. 186494

2010-09-15

PEOPLE v. ROY ALCAZAR Y MIRANDA

PEREZ, J.

The awards of the appellate court to AAA of civil indemnity in the amount of P50,000.00 and of moral damages in the same amount were also proper. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[43] In the same way, moral damages in rape cases should be awarded without need of showing that the victim suffered trauma of mental, physical, and psychological sufferings constituting the basis thereof. These are too obvious to still require their recital at the trial by the victim, since we even assume and acknowledge such agony as a gauge of her credibility.[44]

GR No. 181036

2010-07-06

PEOPLE v. ADRIANO LEONARDO Y DANTES

PEREZ, J.

As to damages. This Court affirms the awards of P50,000.00 as civil indemnity and P50,000.00 as moral damages given by the lower courts to AAA for each count of rape. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[78] Moral damages in rape cases should be awarded without need of showing that the victim suffered trauma of mental, physical, and psychological sufferings constituting the basis thereof. These are too obvious to still require their recital at the trial by the victim, since we even assume and acknowledge such agony as a gauge of her credibility.[79]

GR No. 185711

2009-08-24

PEOPLE v. REYNALDO SANZ LABOA

CHICO-NAZARIO, J.

This Court affirms the award of P50,000.00 as civil indemnity given by the Court of Appeals to the victim. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[27]

GR No. 183702

2009-02-10

PEOPLE v. RICHARD SULIMA Y GALLANO

CHICO-NAZARIO, J.

This Court affirms the award of P50,000.00 as civil indemnity given by the lower courts to the victim. Civil indemnity, which is in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[37]

GR No. 180500

2008-09-11

PEOPLE v. MEDARDO CRESPO Y CRUZ

CHICO-NAZARIO, J.

As to damages. This Court affirms the award of P50,000.00 as civil indemnity given by the lower courts to the victim for each count of rape committed in 1987 to 1993. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[74]

GR No. 176065

2008-04-22

PEOPLE v. RAMON ARIVAN Y FORNILLO

CHICO-NAZARIO, J.

As to damages. This Court affirms the award of P50,000.00 as civil indemnity given by the lower courts to the victim. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[55]

GR No. 177749

2007-12-17

PEOPLE v. MANUEL AGUILAR

CHICO-NAZARIO, J.

Finally, this Court agrees in the amount of civil indemnity and moral damages which the court a quo and the appellate court awarded to the victim. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[58] Case law also requires automatic award of moral damages to a rape victim without need of proof because from the nature of the crime, it can be assumed that she has suffered moral injuries entitling her to such award. Such award is separate and distinct from civil indemnity.[59]

GR NO. 169873

2007-06-08

PEOPLE v. NORBERTO ASTROLOGO Y DE DIOS

CHICO-NAZARIO, J.

Finally, this Court agrees in the amount of civil indemnity, moral damages and exemplary damages which the appellate court awarded to the victim. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[30] The case law also requires automatic award of moral damages to a rape victim without need of proof because from the nature of the crime, it can be assumed that she has suffered moral injuries entitling her to such award. Such award is separate and distinct from civil indemnity.[31] The reduction of civil indemnity to P50,000.00 and moral damages to P50,000.00 is proper because the crime committed by the appellant is only simple rape. The award of P25,000.00 as exemplary damages to AAA is likewise proper in order to deter other fathers with perverse tendencies or aberrant sexual behaviors from sexually abusing their own daughters.[32]

GR No. 135559

2003-09-18

PEOPLE v. MORENO OCUMEN Y MENDOZA

PER CURIAM

A He was making sexual intercourse, sir."[19] The foregoing testimonies are manifestly credible. They are marked by spontaneity, honesty and sincerity. Well-settled is the rule that when a witness' testimony is straightforward, candid and unflawed by inconsistencies or contradictions in material points, as in this case, the same must be given full faith and credit.[20] As to Russel's declarations, it is inconceivable that she would publicly disclose the harrowing and humiliating sexual indignity she experienced in the hands of appellant if it really did not happen.[21]

GR No. 145726

2003-03-26

PEOPLE v. FERDINAND ANTONIO

PER CURIAM

Q. You did not make any unnecessary movements so that your younger brothers and sister will be awakened, Madam Witness? A. I was not able to move hard, sir."[15] The above testimony is manifestly credible. It is marked by spontaneity, honesty and sincerity. Settled is the rule that when a victim's testimony is straightforward, candid and unflawed by inconsistencies or contradictions in its material points, as in this case, the same must be given full faith and credit.[16] When an alleged victim of rape says she was violated, she says in effect all that is necessary to show that rape had been inflicted on her, and so long as her testimony meets the test of credibility, the accused may be convicted on the basis thereof.[17]

GR No. 142556

2003-02-05

PEOPLE v. JESUS PEREZ Y SEBUNGA

PER CURIAM

If rape is qualified by any of the circumstances[37] warranting the imposition of the death penalty, the civil indemnity for actual or compensatory damages is mandatory.[38] Following prevailing jurisprudence, the civil indemnity is fixed at P75,000.00. In addition, moral damages of P50,000.00 should also be awarded to the rape victim without need for pleading or proving it.[39]

GR No. 138782

2002-09-27

PEOPLE v. JERRY VILLEGAS

YNARES-SANTIAGO, J.

We affirm the award of P50,000.00 as civil indemnity or, as the trial court termed it, compensatory damages. Civil indemnity is actually in the nature of actual or compensatory damage.[22] Article 2206 of the Civil Code provides that when death occurs as

GR No. 130650

2002-09-10

PEOPLE v. MARIO VERCELES

YNARES-SANTIAGO, J.

is necessary to show that rape had been inflicted on her, and so long as her testimony meets the test of credibility, the accused may be convicted on the basis thereof.[15] In the case at bar, the victim's declaration of her sexual ordeal, which was given in a straightforward, convincing, credible and satisfactory manner, shows no other intention than to obtain justice for the wrong committed by accused-appellant Mamerto Soriano against her. The

	GR No. 187077 2011-02-23	PEOPLE v. ALEX CONDES Y GUANZON MENDOZA, J.
Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[47] Moral damages in rape cases should be awarded without need of showing that the victim suffered trauma, with mental, physical, and psychological sufferings constituting the basis thereof. These are too obvious to still require their recital by the victim at the trial.[48]
	GR No. 185839 2010-11-17	PEOPLE v. ARSENIO CABANILLA MENDOZA, J.
Accordingly, the Court sustains the CA in awarding the amount of P50,000.00 as civil indemnity to the victim. Civil indemnity, which is in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[39] Likewise, the Court finds the award of moral damages in the amount of P50,000.00 proper. Moral damages in rape cases should be awarded without need of showing that the victim sustained mental, physical, and psychological trauma. These are too obvious. To still require their recital at the trial would only prolong their agony.
	GR No. 186494 2010-09-15	PEOPLE v. ROY ALCAZAR Y MIRANDA PEREZ, J.
The awards of the appellate court to AAA of civil indemnity in the amount of P50,000.00 and of moral damages in the same amount were also proper. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[43] In the same way, moral damages in rape cases should be awarded without need of showing that the victim suffered trauma of mental, physical, and psychological sufferings constituting the basis thereof. These are too obvious to still require their recital at the trial by the victim, since we even assume and acknowledge such agony as a gauge of her credibility.[44]
	GR No. 181036 2010-07-06	PEOPLE v. ADRIANO LEONARDO Y DANTES PEREZ, J.
As to damages. This Court affirms the awards of P50,000.00 as civil indemnity and P50,000.00 as moral damages given by the lower courts to AAA for each count of rape. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[78] Moral damages in rape cases should be awarded without need of showing that the victim suffered trauma of mental, physical, and psychological sufferings constituting the basis thereof. These are too obvious to still require their recital at the trial by the victim, since we even assume and acknowledge such agony as a gauge of her credibility.[79]
	GR No. 185711 2009-08-24	PEOPLE v. REYNALDO SANZ LABOA CHICO-NAZARIO, J.
This Court affirms the award of P50,000.00 as civil indemnity given by the Court of Appeals to the victim. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[27]
	GR No. 183702 2009-02-10	PEOPLE v. RICHARD SULIMA Y GALLANO CHICO-NAZARIO, J.
This Court affirms the award of P50,000.00 as civil indemnity given by the lower courts to the victim. Civil indemnity, which is in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[37]
	GR No. 180500 2008-09-11	PEOPLE v. MEDARDO CRESPO Y CRUZ CHICO-NAZARIO, J.
As to damages. This Court affirms the award of P50,000.00 as civil indemnity given by the lower courts to the victim for each count of rape committed in 1987 to 1993. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[74]
	GR No. 176065 2008-04-22	PEOPLE v. RAMON ARIVAN Y FORNILLO CHICO-NAZARIO, J.
As to damages. This Court affirms the award of P50,000.00 as civil indemnity given by the lower courts to the victim. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[55]
	GR No. 177749 2007-12-17	PEOPLE v. MANUEL AGUILAR CHICO-NAZARIO, J.
Finally, this Court agrees in the amount of civil indemnity and moral damages which the court a quo and the appellate court awarded to the victim. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[58] Case law also requires automatic award of moral damages to a rape victim without need of proof because from the nature of the crime, it can be assumed that she has suffered moral injuries entitling her to such award. Such award is separate and distinct from civil indemnity.[59]
	GR NO. 169873 2007-06-08	PEOPLE v. NORBERTO ASTROLOGO Y DE DIOS CHICO-NAZARIO, J.
Finally, this Court agrees in the amount of civil indemnity, moral damages and exemplary damages which the appellate court awarded to the victim. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[30] The case law also requires automatic award of moral damages to a rape victim without need of proof because from the nature of the crime, it can be assumed that she has suffered moral injuries entitling her to such award. Such award is separate and distinct from civil indemnity.[31] The reduction of civil indemnity to P50,000.00 and moral damages to P50,000.00 is proper because the crime committed by the appellant is only simple rape. The award of P25,000.00 as exemplary damages to AAA is likewise proper in order to deter other fathers with perverse tendencies or aberrant sexual behaviors from sexually abusing their own daughters.[32]
	GR No. 135559 2003-09-18	PEOPLE v. MORENO OCUMEN Y MENDOZA PER CURIAM
A He was making sexual intercourse, sir."[19] The foregoing testimonies are manifestly credible. They are marked by spontaneity, honesty and sincerity. Well-settled is the rule that when a witness' testimony is straightforward, candid and unflawed by inconsistencies or contradictions in material points, as in this case, the same must be given full faith and credit.[20] As to Russel's declarations, it is inconceivable that she would publicly disclose the harrowing and humiliating sexual indignity she experienced in the hands of appellant if it really did not happen.[21]
	GR No. 145726 2003-03-26	PEOPLE v. FERDINAND ANTONIO PER CURIAM
Q. You did not make any unnecessary movements so that your younger brothers and sister will be awakened, Madam Witness? A. I was not able to move hard, sir."[15] The above testimony is manifestly credible. It is marked by spontaneity, honesty and sincerity. Settled is the rule that when a victim's testimony is straightforward, candid and unflawed by inconsistencies or contradictions in its material points, as in this case, the same must be given full faith and credit.[16] When an alleged victim of rape says she was violated, she says in effect all that is necessary to show that rape had been inflicted on her, and so long as her testimony meets the test of credibility, the accused may be convicted on the basis thereof.[17]
	GR No. 142556 2003-02-05	PEOPLE v. JESUS PEREZ Y SEBUNGA PER CURIAM
If rape is qualified by any of the circumstances[37] warranting the imposition of the death penalty, the civil indemnity for actual or compensatory damages is mandatory.[38] Following prevailing jurisprudence, the civil indemnity is fixed at P75,000.00. In addition, moral damages of P50,000.00 should also be awarded to the rape victim without need for pleading or proving it.[39]
	GR No. 138782 2002-09-27	PEOPLE v. JERRY VILLEGAS YNARES-SANTIAGO, J.
We affirm the award of P50,000.00 as civil indemnity or, as the trial court termed it, compensatory damages. Civil indemnity is actually in the nature of actual or compensatory damage.[22] Article 2206 of the Civil Code provides that when death occurs as
	GR No. 130650 2002-09-10	PEOPLE v. MARIO VERCELES YNARES-SANTIAGO, J.
is necessary to show that rape had been inflicted on her, and so long as her testimony meets the test of credibility, the accused may be convicted on the basis thereof.[15] In the case at bar, the victim's declaration of her sexual ordeal, which was given in a straightforward, convincing, credible and satisfactory manner, shows no other intention than to obtain justice for the wrong committed by accused-appellant Mamerto Soriano against her. The

PEOPLE v. SALUSTIANO CALLOS