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PEOPLE v. CRIZALDO PACHECO Y VILLANUEVA

This case has been cited 6 times or more.

	GR No. 202122 2014-01-15	PEOPLE v. BERNABE PAREJA Y CRUZ LEONARDO-DE CASTRO, J.
A person accused of a serious crime such as rape will tend to escape liability by shifting the blame on the victim for failing to manifest resistance to sexual abuse. However, this Court has recognized the fact that no clear-cut behavior can be expected of a person being raped or has been raped. It is a settled rule that failure of the victim to shout or seek help do not negate rape. Even lack of resistance will not imply that the victim has consented to the sexual act, especially when that person was intimidated into submission by the accused. In cases where the rape is committed by a relative such as a father, stepfather, uncle, or common law spouse, moral influence or ascendancy takes the place of violence.[38] In this case, AAA's lack of resistance was brought about by her fear that Pareja would make good on his threat to kill her if she ever spoke of the incident.
	GR No. 199226 2014-01-15	PEOPLE v. ROEL VERGARA Y CLAVERO LEONARDO-DE CASTRO, J.
The sentence of reclusion perpetua imposed upon accused-appellant by the RTC, affirmed by Court of Appeals, for the crime of statutory rape, without any aggravating or qualifying circumstance, is in accordance with Article 266-B of the Revised Penal Code, as amended. The awards of civil indemnity and moral damages in favor of AAA by the trial and appellate courts, in the amounts of P50,000.00 each, are also proper. However, the Court increases the amount of exemplary damages awarded to AAA from P25,000.00 to P30,000.00, in line with the latest jurisprudence.[28]
	GR No. 200529 2012-09-19	PEOPLE v. JUANITO GARCIA Y GUMAY REYES, J.
Nonetheless, in accordance with prevailing jurisprudence,[20] this Court deems it proper to reduce the amount of civil indemnity and moral damages to P50,000.00 each.
	GR No. 175595 2010-07-28	PEOPLE v. TEDDY MAGAYON LEONARDO-DE CASTRO, J.
On the award of damages, civil indemnity ex delicto is mandatory upon a finding of the fact of rape.[58] Moral damages are automatically awarded upon such finding without need of further proof, because it is assumed that a rape victim has actually suffered moral injuries entitling the victim to such award.[59] The award of exemplary damages given by the Court of Appeals is in accord with recent jurisprudence.[60] This award is put in place to serve as a public example to deter molesters of hapless individuals.[61] However, the award of exemplary damages is increased to Thirty Thousand Pesos (P30,000.00) in accordance with the prevailing jurisprudence.[62]
	GR No. 176743 2010-07-28	PEOPLE v. NELSON BALUNSAT Y BALUNSAT LEONARDO-DE CASTRO, J.
Under Article 222-B of the Revised Penal Code, statutory rape shall be punished by reclusion perpetua. We note, however, that the Court of Appeals merely affirmed the order of the RTC for Nelson to pay AAA civil indemnity in the amount of P50,000.00. Neither the Court of Appeals nor the RTC awarded moral damages, which is mandatory upon a finding of rape. Consistent with the current jurisprudence, moral damages in the amount of P50,000.00 should also be awarded in AAA's favor.[36] In view of the presence of an aggravating circumstance, we additionally award exemplary damages in accordance with Article 2230 of the Civil Code. The Information in Criminal Case No. 781-T expressly alleged that AAA was below 12 years of age at the time of the commission of the offense and this was sufficiently established by the presentation of her Birth Certificate in court. When a crime is committed with an aggravating circumstance, either qualifying or generic, an award of P30,000.00 as exemplary damages is justified.[37]
	GR No. 188600 2010-07-13	PEOPLE v. MARCOS QUIROS Y SEMBRANO MENDOZA, J.
The fact that Mylene Quiros, daughter of the accused was inside the house cannot negate the fact that the accused did rape EMA. "Sadly, the presence of family members in the same room has not discouraged rapists from preying on children, giving this Court to observe before that lust is no respecter of time and place. Rape has been shown to have been committed even in places where people congregate, in parks, along the roadside, within school premises, inside a house where there are other occupants, and even in the same room where other members of the family are also sleeping."[25] In other words, the rapist and the victim need not have to be alone for rape to be consummated.