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PEOPLE v. ZOSIMO CANTOMAYOR Y TAHUM

This case has been cited 6 times or more.

	GR No. 208469 2014-08-13	PEOPLE v. SAMUEL “TIW-TIW” SANICO REYES, J.
The Office of the Solicitor General (OSG), on its part, sought the dismissal of the appeal.[33] It contended that the accused-appellant's denial of the charges against him cannot prevail over AAA's positive testimony. Further, the date of the commission of rape becomes relevant only when the accuracy and truthfulness of the complainant's narration practically hinge thereon.[34] Such circumstance does not obtain in the case under review.[35]
	GR No. 202122 2014-01-15	PEOPLE v. BERNABE PAREJA Y CRUZ LEONARDO-DE CASTRO, J.
Since human memory is fickle and prone to the stresses of emotions, accuracy in a testimonial account has never been used as a standard in testing the credibility of a witness.[24] The inconsistencies mentioned by Pareja are trivial and non-consequential matters that merely caused AAA confusion when she was being questioned. The inconsistency regarding the year of the December incident is not even a matter pertaining to AAA's ordeal.[25] The date and time of the commission of the crime of rape becomes important only when it creates serious doubt as to the commission of the rape itself or the sufficiency of the evidence for purposes of conviction. In other words, the "date of the commission of the rape becomes relevant only when the accuracy and truthfulness of the complainant's narration practically hinge on the date of the commission of the crime."[26] Moreover, the date of the commission of the rape is not an essential element of the crime.[27]
	GR Nos. 149366-67 2004-05-27	PEOPLE OF PHIILPPINES v. FLORENTINO ESCULTOR CARPIO, J.
The time of the commission of the crime assumes importance only when it creates serious doubt on the commission of the rape or the sufficiency of the evidence for purposes of conviction.[14] The date of the commission of the rape becomes relevant only when the accuracy and truthfulness of the victim's narration almost hinge on the date of the commission of the crime.[15] In this case, the defense raised by appellant is plainly denial. However, there is no dispute that when the alleged first rape occurred in 1995, appellant was living with Jenelyn's mother and Jenelyn in one house. Appellant himself testified that they were all living in one house since 1989.[16] Thus, the veracity of the rape charge is not dependent on the time of the commission of the offense but on Jenelyn's credibility. The trial court considered the following testimony of Jenelyn on the 1995 rape incident as believable and truthful:
	GR Nos. 121213 and 121216-23 2004-01-13	PEOPLE v. BUTCHOY DE LA TORRE TINGA, J,
In accordance with jurisprudential law, the complainant in a rape case is entitled to civil indemnity, which is actually in the nature of actual or compensatory damages, in the amount of P50,000.00, as well as moral damages in the amount of P50,000.00. Civil indemnity[42] and moral damages[43] are automatically granted once the fact of rape has been established. Exemplary damages are awarded under Article 2230 of the Civil Code if there is an aggravating circumstance, whether ordinary or qualifying. Since the commission of the rape was attended by the qualifying circumstance of use of a deadly weapon, exemplary damages of P25,000.00 should also be given to the complainant.[44]
	GR Nos. 147656-58 2003-05-09	PEOPLE v. BERNABE GUTIERREZ Y GUTIERREZ YNARES-SANTIAGO, J.
As to the civil liability, the trial court was also correct in awarding to the complainant the amounts of P50,000.00 as civil indemnity and P50,000.00 as moral damages for each act of rape. Civil indemnity[31] and moral damages[32] are automatically granted once the fact of rape had been established. However, the award of exemplary damages must be deleted. Under Article 2230 of the Civil Code, exemplary damages may be awarded only where an aggravating circumstance attended the commission of the offense.
	GR No. 133189 2003-05-05	PEOPLE v. SOLOMON PURAZO BELLOSILLO, J.
Thus, in prosecutions for rape, we have sustained complaints and informations which merely alleged: "sometime before and until October 15, 1994," for a rape committed in 1993;[34] "on or about May 1998," for a rape committed sometime in the first week of May 1998;[35] "on or about May 1994," for a rape committed on 11 May 1994;[36] "sometime in 1992 and subsequent thereto in 1994," for two counts of rape committed in August and September 1994;[37] "sometime in the month of April 1993," for a rape committed sometime in 1993;[38] "sometime in the month of September 1998," for a rape committed one night in September 1998;[39] "sometime (in) January 1992, and many times thereafter," for a rape committed during the first week of January 1992;[40] and "on or about the year 1990," for a rape committed in 1990.[41]