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PEOPLE v. MARCELO PALERMO Y CARIAS

This case has been cited 3 times or more.

2004-04-14
VITUG, J.
I THINK THAT WILL BE ALL, YOUR HONOR."[11] In rape cases, the lone testimony of the victim, if credible and free from fatal and material inconsistencies and contradictions, can be the basis for the prosecution and conviction of an accused.[12] The rule can no less be true than when a rape victim testifies against her own father; unquestionably, there would be reason to give it greater weight than usual. In any event, matters affecting credibility are best left to the trial court with its peculiar opportunity to observe the deportment of a witness on the stand as against the reliance by an appellate court on the mute pages of the records of the case.[13] The spontaneity with which the victim has detailed the incidents of rape, the tears she has shed at the stand while recounting her experience, and her consistency almost throughout her account dispel any insinuation of a rehearsed testimony. The eloquent testimony of the victim, coupled with the medical findings attesting to her non-virgin state, should be enough to confirm the truth of her charges.
2003-08-14
PER CURIAM
Complainant Riolyn is furthermore entitled to civil indemnity of P75,000 inasmuch as the rape was qualified by the aggravating circumstances of minority and relationship. Moral damages of P50,000 is also awarded for the reason that rape victims are entitled to moral damages without need of proof, in addition to civil indemnity.[25] Likewise, we agree with the Solicitor General that an additional award of P25,000 as exemplary damages must also be given to complainant in consonance with prevailing jurisprudence.[26]
2002-04-18
YNARES-SANTIAGO, J.
As to accused-appellant's civil liability, the Court further awards the complainant P50,000.00 as civil indemnity, which, like moral damages, is automatic upon the finding of the fact of rape.[20] The P25,000.00 exemplary damages is affirmed in view of the presence of the aggravating circumstance of minority of the complainant.[21]