This case has been cited 3 times or more.
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2002-02-13 |
PER CURIAM |
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| Accused-appellant says that Mergie's delay in reporting the rape incidents to her relatives, school guidance counselor, police authorities, and her mother casts doubt on the truthfulness of her allegations. It has likewise been held, however, that delay in reporting the rapes does not prove that they have not been committed.[40] | |||||
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2002-01-23 |
PER CURIAM |
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| Further, the victim is entitled to moral damages, in the amount of P50,000.00 and exemplary damages, in the amount of P25,000.00. In rape cases, moral damages may be awarded to the victim in the criminal proceeding in such amount as the Court deems just, without the need for pleading or proof of the basis thereof. The fact that the complainant has suffered the scars of mental, physical and psychological trauma which constitute the basis for moral damages are too obvious to still require the recital thereof at the trial by the victim, since the Court itself even assume and acknowledge such agony on her part as a gauge of her credibility.[27] Exemplary damages, on the other hand, may be imposed in the case of incestuous rape to deter other fathers with perverse tendency or aberrant sexual behavior from sexually abusing their own daughters.[28] | |||||
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2001-12-11 |
MENDOZA, J. |
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| What accused-appellant perceives to be a cavalier reaction (going back to sleep as if nothing happened to her) appears more to be a desperate attempt on her part to deny what had happened. This reaction is consistent with her other actions after the first rape, i.e., the washing of her private parts and changing her underwear. Indeed, there is no standard reaction of a victim to the crime of rape. Rape is both a physical and emotional assault causing tremendous stress on the victim.[24] After her harrowing experience, Maria found solace in sleep. | |||||