This case has been cited 4 times or more.
2013-07-10 |
LEONARDO-DE CASTRO, J. |
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With the guilt of accused-appellant for the eight rapes already established beyond reasonable doubt, the Court of Appeals was correct in imposing the penalty of reclusion perpetua, without eligibility of parole, instead of death, for each count of rape, pursuant to Republic Act No. 9346. Section 2 of Republic Act No. 9346 imposes the penalty of reclusion perpetua in lieu of death, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code. Section 3 of Republic Act No. 9346 further provides that persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.[46] | |||||
2012-02-01 |
PEREZ, J. |
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Once again, we recite the time-honored principle that the findings of the trial court as to the credibility of witnesses and their testimonies deserve the highest respect absent a showing that the court would have ruled otherwise had it not overlooked, misunderstood or misapplied material facts or circumstances.[14] As none of the exceptions is present in this case, there is no reason to overturn the findings of the trial court thereon. | |||||
2011-12-14 |
LEONARDO-DE CASTRO, J. |
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In particular, "Article 266-A(1)(d) spells out the definition of the crime of statutory rape, the elements of which are: (1) that the offender had carnal knowledge of a woman; and (2) that such a woman is under twelve (12) years of age or is demented."[38] | |||||
2011-12-14 |
LEONARDO-DE CASTRO, J. |
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Lastly, we affirm the Court of Appeals' award of exemplary damages. As held in People v. Llanas, Jr.,[82] "[t]he award of exemplary damages is also proper not only to deter outrageous conduct, but also in view of the aggravating circumstances of minority and relationship surrounding the commission of the offense, both of which were alleged in the information and proved during the trial." The appellate court's award of P25,000.00 as exemplary damages is raised to P30,000.00 for each of the three (3) counts of rape in keeping with the current jurisprudence on the matter.[83] |