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PEOPLE v. MICHAEL LINDO Y VERGARA

This case has been cited 7 times or more.

	GR No. 208760 2014-04-23	PEOPLE v. FLORO BUBAN BARCELA MENDOZA, J.
In Criminal Case No. 5526-SPL, Barcela should be convicted with simple rape by sexual assault, instead with the penalty of prision mayor as provided in Art. 266-B par. 7 of the RPC. Considering that there was neither aggravating nor mitigating circumstance, the penalty should be imposed in its medium period pursuant to Article 64(l)[29] of the RPC. Applying the Indeterminate Sentence Law, Barcela should be sentenced to an indeterminate penalty the minimum of which is prision correccional (6 months and 1 to 6 years) and the maximum of which is within the range of prision mayor, in its medium period (8 years and 1 day to 10 years). More specifically, the Court imposes the penalty ranging from five (5) years of prision correccional, as minimum, to ten (10) years of prision mayor, as maximum. The Court sustains the CA in awarding P30,000.00 as civil indemnity, P30,000.00 as moral damages; and P30,000.00 as exemplary damages being consistent with prevailing jurisprudence.[30]
	GR No. 206095 2013-11-25	PEOPLE v. ROBERTO GARCIA Y PADIERNOS MENDOZA, J.
In line with prevailing jurisprudence,[31] the award of damages would be P30,000.00 as civil indemnity, P30,000.00 as moral damages and P30,000.00 as exemplary damages.
	GR No. 191192 2012-08-22	PEOPLE v. EDGAR BALQUEDRA SERENO, J.
Although the Court affirms the CA ruling, the award of exemplary damages must be increased from P25,000 to P30,000 in consonance with prevailing jurisprudence.[75]
	GR No. 183563 2011-12-14	PEOPLE v. HENRY ARPON Y JUNTILLA LEONARDO-DE CASTRO, J.
The above provision came into existence by virtue of Republic Act No. 8353,[39] or the Anti-Rape Law of 1997, which took effect on October 22, 1997.[40] Prior to this date, the crime of rape was penalized under Article 335 of the Revised Penal Code,[41] which provides: ART. 335. When and how rape is committed. -- Rape is committed by having carnal knowledge of a woman under any of the following circumstances:
	GR No. 189579 2011-09-12	PEOPLE v. JOSELITO ORJE Y BORCE VELASCO JR., J.
Rape is no longer considered a personal criminal offense listed as among the crimes against chastity defined and punishable under Title 11 of the RPC, as amended. Republic Act No. (RA) 8353, or the Anti-Rape Law of 1997, has reclassified rape as a crime against persons.[21] In effect, rape may now be prosecuted de oficio; a complaint for rape commenced by the offended party is no longer necessary for its prosecution.[22] As corollary proposition, an affidavit of desistance by the complaining witness is not, by itself, a ground for the dismissal of a rape action over which the court has already assumed jurisdiction.[23]
	GR No. 178323 2011-03-16	PEOPLE v. ARMANDO CHINGH Y PARCIA PERALTA, J.
As to Armando's civil liabilities, the CA correctly awarded the following damages: civil indemnity of P50,000.00 and another P50,000.00 as moral damages for Rape under paragraph l(d), Article 266-A; and civil indemnity of P30,000.00 and moral damages also of P30,000.00 for Rape under paragraph 2, Article 266-A. In line, however, with prevailing jurisprudence, we increase the award of exemplary damages from P25,000.00 and PI 5,000.00, for Rape under paragraph 1 (d), Article 266-A and Rape under paragraph 2, Article 266-A, respectively, to P30,000.00 for each count of rape.[31]
	GR No. 188560 2010-12-15	PEOPLE v. RICKY ALFREDO Y NORMAN VELASCO JR., J.
The decision of the CA as to the damages awarded must be modified. For rape under Art. 266-A, par. 1(d) of the Revised Penal Code, the CA was correct in awarding PhP 50,000 as civil indemnity and PhP 50,000 as moral damages. However, for rape through sexual assault under Art. 266-A, par. 2 of the Code, the award of damages should be PhP 30,000 as civil indemnity and PhP 30,000 as moral damages.[62]