This case has been cited 4 times or more.
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2015-11-23 |
MENDOZA, J. |
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| The gravamen of the offense of rape is sexual congress with a woman by force and without consent. If the woman is under 12 years of age, proof of force is not an element, as the absence of a free consent is conclusively presumed as the law supposes that a woman below this age does not possess discernment and is incapable of giving intelligent consent to the sexual act. Conviction will therefore lie, regardless of proof of force or intimidation provided sexual intercourse is proven. Force, threat, or intimidation are not elements of statutory rape, therefore proof thereof is unneccesary.[16] But if the woman is 12 years of age or over at the time she was violated, sexual intercourse must be proven and also that it was done through force, violence, intimidation or threat.[17] | |||||
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2015-08-11 |
BRION, J. |
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| On the other hand, the cases of People v. Sanico,[76] People v. Banzuela,[77] Pielago v. People,[78] People v. Rayon, Sr.,[79] People v. Subesa,[80] People v. Anguac,[81] and Los Baños v. Pedro,[82] which were likewise cited by Justice Carpio, involve the issue that an Information only need to allege the ultimate facts, and not the specificity of the allegations contained in the information as to allow the accused to prepare for trial and make an intelligent plea.[83] | |||||
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2014-06-04 |
LEONARDO-DE CASTRO, J. |
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| The Court of Appeals' award of P50,000.00 as civil indemnity is reduced to P20,000.00 in light of recent jurisprudence.[25] AAA is further entitled to the award of P30,000.00 as moral damages and P10,000.00 as exemplary damages in view of recent case law.[26] | |||||
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2014-04-02 |
LEONARDO-DE CASTRO, J. |
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| And third, the rule is even more stringently applied if the CA concurred with the RTC.[21] | |||||