This case has been cited 3 times or more.
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2007-10-05 |
CARPIO, J. |
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| Thus, appellant is obliged under the above provision of the Revised Penal Code to give support to his child. The amount shall be determined by the trial court after due notice and hearing in accordance with Article 201 of the Family Code.[12] In addition to the award of P100,000 as moral damages for the two counts of rape, appellant should pay P100,000, instead of P50,000, as civil indemnity which is mandatory upon the finding of the fact of rape.[13] | |||||
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2007-08-07 |
GARCIA, J. |
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| AAA's clear and categorical narration of the sexual assaults against her, free from material inconsistencies and coupled with spontaneous outburst of emotions, deserves full faith and credence. The rule is that when a rape victim's testimony is straightforward and candid, unshaken by rigid cross-examinations and unflawed by inconsistencies or contradictions in its material points, the same must be given full faith and credit.[17] Hence, the testimony of the rape victim alone is sufficient to convict. More so, when, as here, such testimony is corroborated by the physical findings of penetration.[18] | |||||
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2003-06-18 |
CALLEJO, SR., J. |
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| Likewise, a modification of the damages awarded in favor of Ma. Theresa is in order. The amount of P50,000 awarded by the trial court as "moral and exemplary damages" for each count is insufficient. Under prevailing jurisprudence, when the commission of rape is not qualified by any of the circumstances under which the death penalty is to be imposed, the victim shall be awarded civil indemnity in the amount of P50,000.[45] Civil indemnity is separate and distinct from moral damages. In this case, the private complainant shall be awarded p50,000 as civil indemnity for each count of rape. In addition, the award of P50,000 as moral damages for each count is warranted, as the same is awarded in rape cases without need of pleading or proof for it is assumed that the victim has suffered moral injuries entitling her to such an award.[46] Lastly, the appellant should be made to pay exemplary damages in the amount of P25,000 for each count, to deter others similarly minded from sexually abusing the children of their common-law spouses.[47] | |||||