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PEOPLE v. DOMINGO DAWISAN

This case has been cited 6 times or more.

2007-05-25
GARCIA, J.
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]
2007-04-13
QUISUMBING, J.
Further, a victim's testimony is the most important evidence of the sexual assault.[13] The lone testimony of the rape victim if credible, straightforward, convincing and otherwise consistent with human nature and the ordinary course of things may stand as the robust pillar of conviction.[14] In incestuous rape, we have held that a rape victim's testimony against her father is entitled to greater weight because it is deeply ingrained in our culture to revere and respect our elders,[15] thus, unless true, a child would not thoughtlessly accuse a parent of rape.
2004-05-20
PANGANIBAN, J.
Furthermore, the account given by the victim, stating the essential fact that appellant had carnal knowledge of her, refers to details that are not in any way affected or obscured by the supposed contradictions --whether or not she bled after the rape or how soon she informed her mother of the incident.[27] What further buttressed the story of private complainant were Dr. Gapultos' medical findings[28] that there were old lacerations in her hymen. Although not indispensable to a rape conviction,[29] such findings were credible physical evidence of forcible defloration, among others.[30]
2003-10-02
BELLOSILLO, J.
The accused fails to persuade us. In rape offenses, the lone testimony of the complainant, if credible, straightforward, convincing and otherwise consistent with human nature and the ordinary course of things, may stand to convict the accused.[15] The credibility of the complainant's testimony is of utmost significance. In this case the trial court gave credence and full probative weight to the testimony of Sonia Pa-ay.
2002-01-28
BUENA, J.
You dispense the testimony of the doctor.[21] A medical certificate after all is not indispensable to prove the commission of rape.[22] It is well entrenched in our jurisprudence that a medical examination of the victim is not indispensable in a prosecution for rape inasmuch as the victim's testimony alone, if credible, is sufficient to convict the accused of the crime.[23] Besides, testimonies of rape victims who are of tender age are credible,[24] and the testimonies of child-victims are given full weight and credit.[25]
2002-01-25
PUNO, J.
The Court notes that while the trial court awarded moral damages, it did not award civil indemnity.  In line with current jurisprudence, civil indemnity in the amount of P50,000.00 on each count should be awarded, or a total of P100,000.00, without need of proof other than the fact of the commission of the offense.[17] Exemplary damages in each case of rape, pegged at P25,000.00 in accord with controlling case law, must likewise be awarded "to deter other fathers with perverse tendencies and aberrant sexual behavior from preying upon and sexually abusing their daughters."[18]