This case has been cited 3 times or more.
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2009-01-20 |
VELASCO JR., J. |
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| Q: Now, how did he rape you? A: He placed himself on top of me. Q: And were you still with your clothes? A: No, he has none. Q: How about you? A: None also. Q: Who took off your clothes? A: He. Q: When did he take your clothes? A: At the time when he placed his hand on my mouth.[16] The trial court observed that AAA's testimony was credible, straightforward, clear, and convincing. She ably identified accused-appellant as her attacker and described in detail how she was sexually assaulted. There is no reason a child would fabricate such a serious accusation such as rape and risk public humiliation if not to seek justice. It is for this reason that testimonies of child-victims are normally given full weight and credence, since when minors say they were raped, they say in effect all that is necessary to show that rape was committed.[17] According to the trial court:No woman, especially one who is of tender age would concoct a tale of defloration, allow the examination of her private parts, and undergo the expense, trouble, inconvenience, not to mention the trauma of a public trial, if she is not motivated solely by the desire to have the culprit apprehended and punished. (People v. Segui, 346 SCRA 178) | |||||
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2002-02-20 |
SANDOVAL-GUTIERREZ, J. |
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| Pursuant to prevailing case law, civil indemnity is mandatory upon the finding of the fact of rape. The grant of an indemnity of P50,000.00 to the rape victim needs no proof other than the conviction of the accused for the rape proved.[36] In the same vein, moral damages are additionally awarded without need of pleading or proof of the basis thereof. This is because it is recognized that the victim's injury is concomitant with and necessarily resulting from the odiousness of the crime to warrant per se the award of moral damages.[37] The Court has awarded moral damages of P50,000.00 in rape of young girls with ages ranging from 13 to 19 years, rape of a mental retardate, forcible abduction with rape and statutory rape.[38] | |||||
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2001-12-13 |
PANGANIBAN, J. |
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| Despite the tender age of complainant, her accounts on direct and cross-examination were replete with details that jibed on material points.[22] Considering her young age, it would have been highly improbable for her to fabricate a charge so humiliating to her and her family, had she not been truly subjected to the painful experience of sexual abuse.[23] | |||||