You're currently signed in as:
User

PEOPLE v. JOSUE B. DUMLAO

This case has been cited 4 times or more.

2004-07-07
TINGA, J,
It must be noted that the trial court ordered the accused to pay private complainants only the civil liability arising from the offense in the amount of P50,000.00 each. This is equivalent to actual or compensatory damages in civil law. However, in addition to the civil indemnity in such amount the offended parties are entitled to moral damages, which are automatically granted in rape cases without need of any proof.[59] Currently, moral damages for rape is fixed at P50,000.00. Hence, the additional sum of P50,000.00 each should be awarded to Eloisa and Elizabeth Miñon.
2004-03-09
YNARES-SATIAGO, J.
The trial court should have awarded damages to the heirs of the victim.  Civil indemnity in the amount of P50,000.00 is awarded upon the finding of the fact of rape.[36] Moral damages in the amount of P50,000.00 may likewise be given to the heirs of the victim without need of proof in accordance with current jurisprudence.[37]
2002-07-23
PER CURIAM
time. The Court has consistently held that alibi is an inherently weak defense and, unless supported by clear and convincing evidence, the same cannot prevail over the positive declaration of the victim who convincingly identified the accused-appellant as the person who abused her sexually.[28] The Court also notes that accused-appellant's bare allegation that Genelyn charged him of rape because she was urged to do so by her mother who had an ill-motive against accused-appellant was also not proven by the prosecution.
2002-06-21
KAPUNAN, J.
It is likewise necessary to increase the award of damages by the trial court. The lower court in its decision ordered accused-appellant to indemnify the complainant in the amount of  Fifty Thousand Pesos (P50,000.00) only  in each of the cases, representing moral damages.  It failed to award the prescribed amounts for civil indemnity, the award of which is mandatory upon the finding of the fact of rape.[77] This civil liability ex delicto is equivalent to actual or compensatory damages in civil law.[78] It is not to be confused with moral damages, which is awarded upon a showing that the victim endured physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury.[79]