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PEOPLE v. JEFFREY GARCIA Y CARAGAY

This case has been cited 2 times or more.

2011-07-27
PEREZ, J.
However, for the crime of kidnapping with rape, as in this case, the offender should not have taken the victim with lewd designs, otherwise, it would be complex crime of forcible abduction with rape. In People v. Garcia, [74] we explained that if the taking was by forcible abduction and the woman was raped several times, the crimes committed is one complex crime of forcible abduction with rape, in as much as the forcible abduction was only necessary for the first rape; and each of the other counts of rape constitutes distinct and separate count of rape. [75]
2002-08-22
QUISUMBING, J.
Thus, notwithstanding proof of such knowledge, appellant could only be held liable for the crime of simple rape. As to appellant's civil liability, we find in order the award of P50,000 as indemnity[50] and of another P50,000 as moral damages.[51] However, the award of P50,000 as exemplary damages should be reduced to only P25,000, pursuant to