This case has been cited 6 times or more.
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2011-06-22 |
DEL CASTILLO, J. |
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| The failure of "AAA" to flee despite opportunity does not necessarily deviate from natural human conduct. It bears emphasis that human reactions vary and are unpredictable when facing a shocking and horrifying experience such as sexual assault. There is no uniform behavior expected of victims after being raped. [29] Moreover, "[n]ot all rape victims can be expected to act conformably to the usual expectations of everyone." [30] "AAA", being then a minor and subjected to a threat to her life, should not be judged by the norms of behavior expected of mature persons. | |||||
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2009-01-20 |
CHICO-NAZARIO, J. |
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| As regards the damages awarded by the Court of Appeals, we find the same to be proper. The award of civil indemnity is mandatory in rape convictions.[20] A civil indemnity of P50,000.00 is automatically given to the offended party without need of further evidence other than the commission of rape. In accordance with prevailing jurisprudence, the amount of P50,000.00 for moral damages is likewise appropriate.[21] | |||||
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2008-09-12 |
VELASCO JR., J. |
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| As to the award of damages, the RTC was correct in awarding civil indemnity in the amount of PhP 50,000. Civil indemnity needs no proof other than the fact of the commission of the offense.[28] The award is proper even if the minority of AAA was alleged. There was no allegation in the Information that accused-appellant was the victim's stepfather, precluding a charge for qualified rape which would have increased the award to PhP 75,000. | |||||
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2007-05-25 |
GARCIA, J. |
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| With regard to the civil indemnity, we rule that XXX is entitled to the amount of P50,000.00 for each count of rape in keeping with the current jurisprudence authorizing the mandatory award without need of proof other than the fact of the commission of the offense.[22] In addition, the victim should be awarded moral damages in the amount of P50,000.00 for each count.[23] Finally, exemplary damages in the sum of P25,000.00 in each case of rape are likewise imposed on appellant to deter other fathers with perverse tendencies and aberrant sexual behavior from preying upon and sexually abusing their daughters.[24] | |||||
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2004-06-29 |
PER CURIAM |
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| We disagree. As we stated in People vs. Madia,[22] not all rape victims can be expected to act conformably to the usual expectations of everyone. Different and varying degrees of behavioral responses is expected in the proximity of, or in confronting, an aberrant episode. It is well settled that "different people react differently to a given situation or type of situation and there is no standard form of human behavioral response when one is confronted with a strange, startling or frightful experience."[23] Here, it is not really unnatural for Mary Grace to first reveal her ordeal to Bryan Esteban. He is her best friend. What she did was even a very normal behavior confiding a very private matter to a best friend. | |||||
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2002-02-15 |
YNARES-SANTIAGO, J. |
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| Finally, we agree with the trial court's award of civil indemnity in the amount of P50,000.00 to each victim. It has been the policy of the Court to award an amount not exceeding P50,000.00 to victims of rape upon an indubitable showing of its commission, which award is categorized as civil indemnity ex delicto.[23] In addition, however, a separate award for moral damages in the amount of P50,000.00 should be given to compensate for the appalling and outrageous sexual violence which will most certainly haunt these young victims for the rest of their lives.[24] | |||||