You're currently signed in as:
User

PEOPLE v. MANUEL BAGOS

This case has been cited 5 times or more.

2014-04-02
LEONEN, J.
In any case, whether she cried for help is immaterial in a charge of statutory rape since "[t]he law presumes that such a victim, on account of her tender age, does not and cannot have a will of her own."[25]
2012-06-13
DEL CASTILLO, J.
Furthermore, "AAA's" testimony is corroborated by the doctors' findings that she was pregnant and that her hymen has healed lacerations at 3 o'clock, 5 o'clock and 9 o'clock positions. Dr. Ma. Esperanza S. Agudo testified that these lacerations could have been caused by sexual intercourse.[55] "Where a rape victim's testimony is corroborated by the physical findings of penetration, there is sufficient basis for concluding that sexual intercourse did take place."[56]
2010-07-13
MENDOZA, J.
damages awarded, the Court also imposes on all the amounts of damages an interest at the legal rate of 6% from this date until fully paid.[32]
2010-06-16
NACHURA, J.
Thus, based on the foregoing disquisition, we increase the amount of damages awarded by the CA. The amount of P50,000.00 as civil indemnity and P50,000.00 as moral damages shall be increased to P75,000.00 respectively. Likewise, exemplary damages should also be imposed at P30,000.00.[16] Finally, in addition to the damages awarded, the appellant should also pay interest at the legal rate of 6% per annum from this date until full payment.[17]
2010-04-20
VELASCO JR., J.
Ofemiano applies to this case. While AAA may not have exerted effort to free herself from her rapist, her actions can be explained by the fear she already had of accused-appellant, who had beat her up on more than one occasion. Accused-appellant's moral ascendancy over AAA, combined with memories of previous beatings, was more than enough to intimidate AAA and rendered her helpless while she was being victimized. Moreover, in People v. Bagos,[12] we held that the lack of a struggle or an outcry from the victim is immaterial to the rape of a child below 12 years of age. The law presumes that such a victim, on account of her tender age, does not and cannot have a will of her own. On this score, accused-appellant's defense is wanting.