This case has been cited 2 times or more.
|
2008-11-27 |
CHICO-NAZARIO, J. |
||||
| True, AAA testified that when Monalyn asked her if appellant went to her room on the night of 19 September 1997 and touched her private parts, she replied that appellant merely kissed her. Also, AAA did not seek assistance from her other neighbors with regard to the incidents. Nevertheless, these cannot be taken against AAA. A rape victim is oftentimes overwhelmed by fear rather than by reason.[55] Hence, it is not uncommon for a young rape victim to conceal for some time the assault on her virtue because of a rapist's threat on her life.[56] AAA testified that appellant repeatedly threatened to kill her if she would divulge the incidents to others. This was the reason why AAA hesitated from revealing the incidents to Monalyn and to her other neighbors. AAA's fear of appellant's threat was reasonable, considering that appellant frequently stayed in XXX. | |||||
|
2003-08-06 |
YNARES-SANTIAGO, J. |
||||
| Consequently, the amount of civil indemnity awarded by the trial court should accordingly be reduced to P50,000.00. The amount of P75,000.00 as civil indemnity is mandatory only in cases involving qualified rape where the death penalty is imposed. In cases of simple rape, the amount of civil indemnity shall be P50,000.00.[32] As regards the award of moral damages, the same should likewise be reduced to P50,000.00, consistently with controlling jurisprudence. Moral damages are awarded in rape cases without need of pleading or proof.[33] | |||||