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PEOPLE v. HENRY ARCILLAS

This case has been cited 6 times or more.

	GR No. 205379 2015-09-23	PEOPLE v. HENRY CALADCADAN PEREZ, J.
(c) the offender has carnal knowledge of the victim either through force, threat or intimidation; or when [the victim] is deprived of reason or is otherwise unconscious; or by means of fraudulent machinations or grave abuse of authority.[16]
	GR No. 214466 2015-07-01	PEOPLE v. ANTONIO BALCUEVA Y BONDOCOY PERLAS-BERNABE, J.
The elements of Qualified Rape under the foregoing provisions are as follows: (a) the victim is a female over 12 years but under 18 years of age; (b) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; and (c) the offender has carnal knowledge of the victim either through force, threat or intimidation; or when she is deprived of reason or is otherwise unconscious; or by means of fraudulent machinations or grave abuse of authority.[17]
	GR No. 208760 2014-04-23	PEOPLE v. FLORO BUBAN BARCELA MENDOZA, J.
To sustain a conviction for qualified rape, the following elements must concur: a) the victim is a female over 12 years but under 18 years of age; b) the offender is a parent, ascendant, step parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; and c) the offender has carnal knowledge of the victim either through force, threat or intimidation; or when she was deprived of reason or is otherwise unconscious; or by means of fraudulent machinations or grave abuse of authority.[23]
	GR No. 201103 2013-09-25	PEOPLE v. JIMMY CEDENIO Y PERALTA REYES, J.
As to the civil liability, both the RTC and the CA ordered Cedenio to pay AAA P50,000.00 as civil indemnity. The CA further awarded P50,000.00 as moral damages. Civil indemnity is mandatory upon the finding of the fact of rape, while moral damages are proper without need of proof other than the fact of rape by virtue of the undeniable moral suffering of AAA due to the rape.[16] The amounts awarded are all in accord with prevailing jurisprudence.[17]
	GR No. 192239 2013-06-05	PEOPLE v. RICARDO PAMINTUAN Y SAHAGUN LEONARDO-DE CASTRO, J.
We also affirm the trial court's award of P50,000.00 as civil indemnity and P50,000.00 as moral damages. However, the award of exemplary damages is in order. The Court had occasion to rule in People v. Arcillas[34] that: According to the Civil Code, exemplary damages may be imposed in criminal cases as part of the civil liability "when the crime was committed with one or more aggravating circumstances." The law permits such damages to be awarded "by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages." Accordingly, the [Court of Appeals] and the RTC should have recognized the entitlement of AAA to exemplary damages on account of the attendance of her minority and the common-law relationship between him and her mother. It did not matter that such qualifying circumstances were not taken into consideration in fixing his criminal liability, because the term aggravating circumstances as basis for awarding exemplary damages under the Civil Code was understood in its generic sense. x x x. (Citations omitted.)
	GR No. 175327 2013-04-03	PEOPLE v. EDMUNDO VITERO LEONARDO-DE CASTRO, J.
The elements of the crime charged against accused-appellant are: (a) the victim is a female over 12 years but under 18 years of age; (b) the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; and (c) the offender has carnal knowledge of the victim either through force, threat, or intimidation.[22]