This case has been cited 5 times or more.
2014-12-10 |
DEL CASTILLO, J. |
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With regard to the award of civil indemnity in the amount of P75,000.00, the same is proper and in consonance with the prevailing policy of the Court. The award of moral damages in the amount of P75,000.00 must however be reduced to P50,000.00 in line with prevailing jurisprudence. In addition, exemplary damages in the amount of P30,000.00 is awarded to the victim "AAA."[25] Prevailing jurisprudence on simple rape likewise awards exemplary damages in order to set a public example and to protect hapless individuals from sexual molestation.[26] | |||||
2014-02-19 |
LEONARDO-DE CASTRO, J. |
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Likewise, we assign no significance to the testimony of defense witness Jackie Gucela. Firstly, AAA categorically denied that Jackie Gucela was her boyfriend [22] or that she had sexual relations with him or any other person other than appellant near the time of the rape incidents at issue.[23] For the sweetheart theory to be believed when invoked by the accused, convincing evidence to prove the existence of the supposed relationship must be presented by the proponent of the theory. We elucidated on this principle in People v. Bayrante,[24] to wit:For the ["sweetheart"] theory to prosper, the existence of the supposed relationship must be proven by convincing substantial evidence. Failure to adduce such evidence renders his claim to be self-serving and of no probative value. For the satisfaction of the Court, there should be a corroboration by their common friends or, if none, a substantiation by tokens of such a relationship such as love letters, gifts, pictures and the like. (Citation omitted.) | |||||
2013-09-02 |
DEL CASTILLO, J. |
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The RTC and the CA did not err in giving credence to the testimony of "AAA." Records show that "AAA" cried when she recalled on the witness stand her ordeal at the hands of the appellant. "[T]he crying of a victim during her testimony is evidence of the credibility of the rape charge with the verity borne out of human nature and experience."[27] | |||||
2013-01-30 |
PEREZ, J. |
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In consonance with prevailing jurisprudence on simple rape wherein exemplary damages are awarded to set a public example and to protect hapless individuals from sexual molestation, this Court likewise affirms the lower courts award of exemplary damages but increased the same from P25,000.00 to P30,000.00 to conform to recent jurisprudence.[82] | |||||
2012-11-21 |
MENDOZA, J. |
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With respect to the civil aspect, he should also be made to pay AAA the amount of P30,000.00 as exemplary damages in addition to the civil indemnity ex delicto and moral damages awarded. Said award is in consonance with prevailing jurisprudence on simple rape wherein exemplary damages are awarded in order to set a public example and to protect hapless individuals from sexual molestation.[21] |