This case has been cited 5 times or more.
2013-06-26 |
LEONARDO-DE CASTRO, J. |
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While the Court affirms the award of civil indemnity and moral damages, each in the amount of P75,000.00, the Court increases the award of exemplary damages from P25,000.00 to P30,000.00, [49] and further subjects the indemnity and damages awarded to interest at the rate of six percent per annum from the date of finality of this judgment[50] until fully paid, in line with prevailing jurisprudence. | |||||
2012-11-14 |
LEONARDO-DE CASTRO, J. |
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While the Court affirms the award of civil indemnity in the amount of P75,000.00; and moral damages in the amount of P75,000.00; the Court increases the award of exemplary damages from P25,000.00 to P30,000.00 in line with prevailing jurisprudence.[41] | |||||
2011-06-08 |
PEREZ, J. |
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The bare denial of the appellant cannot prevail over the positive identification and credible testimony of AAA as we have consistently ruled that a categorical testimony generally prevails over a bare denial. [58] | |||||
2010-11-23 |
MENDOZA, J. |
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Accordingly, accused's bare denial deserves scant or no consideration at all. The Court has consistently ruled that "denial, if unsubstantiated by clear and convincing evidence, is negative and self-serving evidence, which deserves no weight in law and cannot be given greater evidentiary value over the testimonies of credible witnesses who testify on affirmative matters."[54] In this case, AAA positively identified her father as the one who raped her on three separate occasions. Her testimony was corroborated by the medical finding that she was no longer a virgin at barely 16 years of age. A rape victim's testimony against her father deserves greater weight since Filipino culture dictates children revere and respect their elders. This trait is deep-rooted in Filipino children and families and is even acknowledged by law. It is thus improbable, if not completely absurd, that a daughter would imprudently invent a story of rape against her father in utter disregard of the unimaginable trauma and social stigma it may generate on her and the entire family. A teenage unmarried girl does not ordinarily file a rape complaint against anybody, much less her own father, if she does not speak the truth.[55] | |||||
2010-07-05 |
MENDOZA, J. |
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The Court gives considerable weight on the above testimony of AAA since, ordinarily and customarily, Filipino children revere and respect their elders. This is deeply ingrained in them and is even recognized by law. Thus, it is unthinkable, if not completely preposterous, that a daughter would audaciously concoct a story of rape against her father in wanton disregard of the unspeakable trauma and social stigma it may generate on her and the entire family. An unmarried teenage lass does not ordinarily file a rape complaint against anybody, much less her own father, if it never did happen.[34] |