This case has been cited 5 times or more.
|
2016-02-01 |
PERALTA, J. |
||||
| When the offended party is under twelve (12) years of age, the crime committed is termed statutory rape as it departs from the usual modes of committing rape.[33] What the law punishes is carnal knowledge of a woman below twelve years of age.[34] In the instant case, there is no dispute that AAA was four years of age when the crime was committed. Resultantly, accused-appellant was charged and proven guilty of statutory rape. | |||||
|
2015-09-02 |
VELASCO JR., J. |
||||
| Pushing the point, petitioner calls attention to the medical certificate adduced as evidence which was negative of any finding of the presence of contusion, bruises, scratches, hematoma, or any injury on AAA's arms and the back portion of her upper body.[15] Petitioner would also express disbelief how AAA's shorts and underwear could have remained intact and undamaged if he indeed forcibly stripped her of these dress items.[16] Petitioner would also argue, citing the cases of People v. Lamarroza[17] and People v. Gavina,[18] that he should be acquitted, lacking as here of any showing of the element of total absence of voluntariness on the part of the party assaulted. In Gavina , the Court held: "In rape committed by force or intimidation, it is imperative that the prosecution should establish that voluntariness on the part of the offended party was absolutely lacking."[19] | |||||
|
2015-07-08 |
PEREZ, J. |
||||
| This Court likewise sustains the award of P50,000.00 moral damages by the lower courts. Moral damages are awarded to rape victims without need of proof other than the fact of rape on the assumption that the victim suffered moral injuries from the experience she underwent.[41] In addition thereto, this Court finds it proper to also award P50,000.00 civil indemnity and P30,000.00 exemplary damages to AAA. Civil indemnity is mandatory when rape is found to have been committed.[42] Exemplary damages are also called for, by way of public example, and to protect the young from sexual abuse.[43] Furthermore, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of judgment until fully paid.[44] | |||||
|
2015-02-11 |
CARPIO, J. |
||||
| Therefore, we uphold the rulings of the trial court and the appellate court, finding appellant guilty beyond reasonable doubt of the crime of rape and 15 counts of acts of lasciviousness. For the crime of rape, appellant is sentenced to reclusion perpetua without eligibility for parole, in accordance with Section 3 of RA 9346.[27] However, pursuant to prevailing jurisprudence, both the civil indemnity and moral damages should be increased to P75,000, and exemplary damages in the amount of P30,000 should be added.[28] | |||||
|
2015-02-11 |
CARPIO, J. |
||||
| The damages awarded should earn interest at 6% per annum from the date of finality of this decision.[33] | |||||