This case has been cited 2 times or more.
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2003-04-01 |
YNARES-SANTIAGO, J. |
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| Finally, the amount of moral damages awarded by the trial court should be reduced from P300,000.00 to P50,000.00, pursuant to controlling case law.[20] We note that the trial court did not award civil indemnity in favor of the victim. Civil indemnity is mandatory upon the finding of the fact of rape; it is automatically imposed upon the accused without need of proof other than the fact of the commission of rape.[21] Hence, the amount of P50,000.00 as civil indemnity must be awarded to complainant. The award of P200,000.00 as nominal damages and P100,000.00 as exemplary damages are without basis, and must be deleted. Under Article 2230 of the Civil Code, exemplary damages as part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Considering that no aggravating circumstance attended the commission of the crime in this case, appellant cannot be ordered to pay exemplary damages.[22] | |||||
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2003-01-28 |
AZCUNA, J. |
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| In stark contrast to the categorical declarations of Aileen, appellant merely raised denial and alibi as his defenses. Denial and alibi are weak defenses which are unavailing in the face of positive identification by the victim of the appellant as the violator of her honor.[43] Furthermore, appellant's alibi was shattered by the prosecution's rebuttal witness, Felisa Soriano, who testified that she never sent the appellant to Baguio to buy Campri leaves on January 15, 1995 since she has children whom she could send to Baguio City to buy the medicine.[44] It is further weakened by the fact that he escaped from detention on March 8, 1995[45] and was subsequently re-arrested two (2) days later on March 10, 1995[46] before his arraignment on May 9, 1995.[47] Such escapade is akin to flight before arrest in the commission of a crime, which signifies an awareness of guilt and a consciousness that he had no tenable defense against the rape charge.[48] | |||||