This case has been cited 3 times or more.
2015-09-02 |
VELASCO JR., J. |
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As a matter of settled jurisprudence, when a woman says she has been raped, she says in effect all that is necessary to show that she has been raped and her testimony alone is sufficient if it satisfies the exacting standard of edibility and consistency needed to sustain a conviction."[26] Rape is essentially an offense of secrecy, not generally attempted save in secluded or dark places. By the distinctive nature of rape cases, their prosecution usually commences on the word and conviction usually rests solely on the basis of the testimony of the victim, if credible, natural, convincing, and consistent with human nature and the normal course of things.[27] Thus, the victim's credibility becomes the primordial consideration in the resolution of rape cases.[28] | |||||
2015-02-25 |
BERSAMIN, J. |
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The modification of Gallano's civil liabilities is another consequence of the Prosecution's failure to establish AAA's minority. To conform to prevailing jurisprudence, the award of civil indemnity must be reduced to P50,000.00.[53] The award of moral damages is similarly reduced to P50,000.00 in view of prevailing jurisprudence.[54] Meanwhile, the award for exemplary damages is increased to P30,000.00 to conform to recent jurisprudence.[55] The amounts of damages awarded should earn interest at the rate of 6% per annum from the finality of this judgment until said amounts are fully paid.56 | |||||
2014-08-06 |
REYES, J. |
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Contrary to accused-appellant's view, AAA's pregnancy is immaterial to the issue. "Pregnancy is not an essential element of the crime of rape. Whether the child which the rape victim bore was fathered by the accused, or by some unknown individual, is of no moment. What is important and decisive is that the accused had carnal knowledge of the victim against the latter's will or without her consent, and such fact was testified to by the victim in a truthful manner."[32] As long as the elements of rape are present and proven by the prosecution, the accused could be adjudged guilty thereof notwithstanding the attendance of other matters which are completely irrelevant to the crime. |