This case has been cited 6 times or more.
|
2007-02-23 |
GARCIA, J. |
||||
| With regard to the civil indemnity, we rule that the heirs of XXX are entitled to the amount of P100,000.00 in keeping with the current jurisprudence authorizing the mandatory award of P50,000.00 in case of death, and P50,000.00 upon the finding of the fact of rape.[29] | |||||
|
2004-05-20 |
PER CURIAM |
||||
| The taking of appellant's confession has conformed to the safeguards of the Constitution. It constitutes evidence of a high order, because of the strong presumption that no person of normal mind would deliberately and knowingly confess to a crime unless prompted by truth and conscience.[27] | |||||
|
2003-08-29 |
PER CURIAM |
||||
| With regard to the civil indemnity, the trial court erred in awarding P50,000.00 only. We rule that the heirs of the victim of rape with homicide should be awarded the amount of P100,000.00. Current judicial policy has authorized the mandatory award of P50,000.00 in case of death, and P50,000.00 upon the finding of the fact of rape.[37] Thus, if homicide is committed by reason or on the occasion of the rape, indemnity in the amount of P100,000.00 is fully justified and properly commensurate with the seriousness of the said complex crime. | |||||
|
2003-04-30 |
PER CURIAM |
||||
| We reiterate our ruling in People v. Tablon,[81] that judicial policy has authorized the mandatory award of P50,000 in case of death, and P50,000 upon the finding of the fact of rape. In the same case, we further declared that P50,000 may be awarded as moral damages without the need for pleading or proof of the basis thereof other than the fact of rape. Consequently, we maintain the award of P50,000 as death compensation but additionally award P50,000 for the rape. The award of moral damages is reduced to P50,000. An award of P25,000 as exemplary damages should also be added. | |||||
|
2002-12-03 |
CORONA, J. |
||||
| As to the award of damages, the imposition by the trial court of P75,000 as civil indemnity for each count of rape should be reduced to P50,000 for each count (or a total of P100,000) because the death penalty was not imposed.[47] We also add the award | |||||
|
2002-12-03 |
CORONA, J. |
||||
| of moral damages in the amount of P50,000 for each count (or a total of P100,000) because the trial court failed to grant one. This is in line with current rulings which automatically grant moral damages in rape cases without need of proof. The reason for this is that the mental, physical and psychological trauma suffered by the victim is too obvious to still require proof at the trial.[48] WHEREFORE, the decision of the Regional Trial Court of Lucena City, Branch 53, finding the appellant Laurito S. Arriola guilty beyond reasonable doubt of the crime of rape for two counts and sentencing him to suffer the supreme penalty of death for each count | |||||