This case has been cited 5 times or more.
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2004-07-23 |
AUSTRIA-MARTINEZ, J. |
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| This refers to the petition for certiorari filed by Jose P. Tambunting assailing the decision[1] promulgated by the Court of Appeals[2] (CA for brevity) on September 24, 1998 which affirmed the Resolution dated July 17, 1997[3] issued by the Regional Trial Court, Branch 226, Quezon City (RTC for brevity), affirming with modification the Order[4] of Branch 41, Metropolitain Trial Court, Quezon City (MTC for brevity), granting the issuance of an alias writ of execution. | |||||
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2003-07-29 |
CALLEJO, SR., J. |
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| The presence of an old healed laceration on Desiree's hymen does not negate the commission of rape. A freshly broken hymen is not an essential element of the crime.[27] Neither does this render Desiree's testimony incredible. Even if the victim had an old healed laceration in her hymen, she would still feel pain if the appellant forcibly inserted his penis into her vagina. When a minor says she has been raped, she says in effect all that is necessary to show that rape has been committed.[28] For no woman would weave a tale of sexual assaults to her person, open herself to examination of her private parts and later be subjected to public trial or ridicule if she was not, in truth, a victim of rape and impelled to seek justice for the wrong done to her.[29] | |||||
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2003-04-30 |
AZCUNA, J. |
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| In the review of rape cases, we have been guided by certain precepts. First, an accusation of rape can be made with facility. It may be difficult to prove, but it is even more difficult for the accused, though innocent, to disprove. Second, the complainant's testimony must be scrutinized with extreme caution. This principle finds its basis in the very nature of the crime where usually only two persons are involved. Third, the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.[90] | |||||
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2003-03-14 |
AZCUNA, J. |
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| We now go into the correctness of the damages awarded. We agree with the observation of the Solicitor General that, based on current jurisprudence, the award of damages should be increased. It has been our practice outrightly to award P50,000.00 as civil indemnity for victims of rape.[28] Aside from this, we also ruled on the automatic award of P50,000.00 as moral damages without specific proof of mental, physical and psychological trauma, which are already presumed from the fact of rape.[29] Considering that appellant is found guilty on two counts of rape, we should award to the victim P100,000.00 as civil indemnity and P100,000.00 as moral damages. | |||||
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2003-02-24 |
PER CURIAM |
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| We have previously held that the victim's age, being a qualifying circumstance which could raise the penalty to the supreme penalty of death, must be proved with equal certainty and clearness as the crime itself.[38] The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party.[39] | |||||