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PEOPLE v. EDUARDO CALDERON

This case has been cited 4 times or more.

2003-10-24
PER CURIAM
The civil indemnity for the victim shall be P75,000.00 since the rape was committed with the attending qualifying circumstances of minority and affinity that require the imposition of the death penalty.[51]
2003-07-02
PER CURIAM
As to damages, we hold that if the rape was attended by any of the qualifying circumstances that require the imposition of the death penalty, the civil indemnity shall be P75,000.00.[13] Thus the trial court's award of P75,000.00 as civil indemnity in Crim. Case No. 1387-99 and another P75,000.00 in Crim. Case No. 1388-99 is in consonance with prevailing jurisprudence. Pursuant to current case law[14] however, the trial court should have also awarded moral damages in the amount of P50,000.00 in each case, the same to be imposed without need of proof other than the fact of rape.
2003-04-02
PER CURIAM
Furthermore, we take cognizance of our holding that the testimony of a rape victim against her father is entitled to great weight, since reverence and respect for elders is deeply ingrained in Filipino children and is also recognized by law.[24] It is against human nature for a girl to fabricate a story that would expose herself as well as her family to a lifetime of dishonor, especially when her charge could mean the death of her own father.[25]
2003-02-24
PER CURIAM
As to the damages, we have held that if the rape is perpetrated with any of the attending qualifying aggravating circumstances that require the imposition of the death penalty, the civil indemnity for the victim shall be P75,000.[42] Thus, the trial court's award of P75,000 as civil indemnity is in line existing with existing case law. Also, in rape cases moral damages are awarded without need of proof other than the fact of rape because it is assumed that the victim has suffered moral injuries entitling her to such an award.[43] However, the trial court's award of P50,000 as moral damages should also be increased to P75,000 pursuant to current jurisprudence on qualified rape.[44] Lastly, exemplary damages in the amount of P25,000 is also called for, by way of public example, and to protect the young from sexual abuse.[45]