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PEOPLE v. SANTOS LOR

This case has been cited 4 times or more.

	GR No. 140781 2003-05-08	PEOPLE v. EDUARDO METIN QUISUMBING, J.
However, we are unable to agree with the trial court on the propriety of the penalty imposed. It imposed the death penalty following Article 335[43] of the Revised Penal Code, as amended by Section 11 of R.A. 7659, because private complainant was only fourteen (14) years old at the time of the rape and the offender is her father. But it must be emphasized that the circumstances of minority and relationship mentioned in Article 335 are special qualifying circumstances which must be alleged in the information and duly proven by the prosecution in order to warrant the imposition of the death penalty.[44] Here, although the minority of the victim was properly alleged in the information, there is insufficient evidence of private complainant's age. The trial court erred when it took judicial notice of private complainant's age to be fourteen. It should have required competent evidence, such as her birth certificate, as proof of the victim's actual age at the time of the offense.
	GR No. 124975 2002-02-20	PEOPLE v. FLORIANO AMAQUIN Y LASTIMADO SANDOVAL-GUTIERREZ, J.
A: Before he allowed me to go home he warned me that if I will tell my parents he will break my head. Q: And what did you feel upon hearing these words from the accused? A: I was afraid." [23] This Court has ruled that when a woman cries rape, more so if she is a minor, she is saying in effect all that is necessary to show that rape was actually committed. In People v. Santos Lor[24] we further held that this rule applies with more vigor in cases where complainant could not help but cry during the direct and cross-examinations. Such actuation of the victim during her testimony is an eloquent testimony of her ordeal in the hands of appellant.
	GR Nos. 137297 & 138547-48 2001-12-11	PEOPLE v. RICARDO AGRAVANTE Y ZANTUA MENDOZA, J.
However, the award of moral damages in the amount of P50,000.00 in each case must be sustained. There is no need to prove during trial that the victim suffered mental, physical, and psychological trauma as these are presumed. In addition, an award of P50,000.00 in civil indemnity must also be made in each case in accordance with case law.[42] Because of the aggravating circumstance of relationship, an award of exemplary damages in the amount of P25,000.00 should also be given.[43]
	GR Nos. 132875-76 2001-11-16	PEOPLE v. VS. YNARES-SANTIAGO, J.
In People v. Lor,[51] citing the cases of People v. Victor,[52] and People v. Gementiza,[53] we held that the indemnity authorized by our criminal law as civil indemnity ex delicto for the offended party, in the amount authorized by the prevailing judicial policy and aside from other proven actual damages, is itself equivalent to actual or compensatory damages in civil law. Said civil indemnity is mandatory upon finding of the fact of rape; it is distinct from and should not be denominated as moral damages which are based on different jural foundations and assessed by the court in the exercise of sound judicial discretion.[54] Hence, accused-appellant should be ordered to pay the offended party another P50,000.00 as civil indemnity for each count of rape and acts of lasciviousness.