This case has been cited 3 times or more.
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2015-03-25 |
VILLARAMA, JR., J. |
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| On the award of damages, the trial court was correct in sentencing appellant to suffer the penalty of reclusion perpetua and ordering him to pay P75,000.00 as civil indemnity for the fact of death and P75,000.00 as moral damages, conformably with prevailing jurisprudence.[21] We also find the award of exemplary damages in the amount of P30,000.00 proper due to the presence of the aggravating circumstances of treachery and abuse of superior strength, though these were not alleged in the information. While an aggravating circumstance not specifically alleged in the information (albeit established at trial) cannot be appreciated to increase the criminal liability of the accused, the established presence of one or two aggravating circumstances of any kind or nature entitles the offended party to exemplary damages under Article 2230 of the Civil Code because the requirement of specificity in the information affected only the criminal liability of the accused, not his civil liability.[22] | |||||
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2014-10-08 |
BERSAMIN, J. |
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| It is obvious that the fundamental difference between attempted rape and acts of lasciviousness is the offender's intent to lie with the female. In rape, intent to lie with the female is indispensable, but this element is not required in acts of lasciviousness.[29] Attempted rape is committed, therefore, when the "touching" of the vagina by the penis is coupled with the intent to penetrate. The intent to penetrate is manifest only through the showing of the penis capable of consummating the sexual act touching the external genitalia of the female.[30] Without such showing, only the felony of acts of lasciviousness is committed.[31] | |||||
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2013-12-11 |
LEONARDO-DE CASTRO, J. |
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| lasciviousness.[49] "Attempted rape is committed when the 'touching' of the vagina by the penis is coupled with the intent to penetrate; otherwise, there can only be acts of lasciviousness."[50] | |||||