This case has been cited 2 times or more.
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2013-06-05 |
PERALTA, J. |
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| At any rate, settled is the rule that alibi and denial cannot prevail over the positive and categorical testimony and identification of an accused by the complainant.[31] Positive identification where categorical and consistent and without any showing of ill motive on the part of the eyewitness testifying on the matter, prevails over a denial which, if not substantiated by clear and convincing evidence, is negative and self-serving evidence undeserving of weight in law.[32] They cannot be given greater evidentiary value over the testimony of credible witnesses who testify on affirmative matters.[33] | |||||
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2013-04-10 |
PEREZ, J. |
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| Hence, the trial court correctly imposed the penalty of reclusion perpetua for the rape of AAA, who was then under 12 years old, as evidenced by her birth certificate.[33] We increase the amount of moral damages and civil indemnity from P50,000.00 each to P75,000.00,[34] considering that the crime committed is statutory rape. We additionally award exemplary damages in the amount of P30,000.00. Exemplary damages are imposed in a criminal case as part of the civil liability when the crime was committed with one or more aggravating circumstances, minority in this case.[35] Also, in line with current jurisprudence,[36] all the monetary awards for damages shall earn interest at the legal rate of 6% per annum from date of finality of this Decision until fully paid. | |||||