This case has been cited 2 times or more.
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2015-06-15 |
BERSAMIN, J. |
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| Anent the civil liability, the CA ordered the accused to pay to AAA civil indemnity of P50,000.00 and moral damages of P50,000.00 for each count of rape.[37] 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. The amounts awarded are all in accord with prevailing jurisprudence.[38] However, the Court should award to AAA exemplary damages of P30,000.00 for each count of rape on account of the attendance of the circumstances of minority and relationship despite such circumstances not being considered in raising the criminal liability. Under Article 2230 of the Civil Code, exemplary damages may be granted if at least one aggravating circumstance attended the commission of the crime, which circumstance need not be specifically alleged in the information. It did not matter that the aggravating circumstance is a qualifying or attendant circumstance like minority and relationship. As the Court has said in People v. Catubig:[39] | |||||
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2014-09-17 |
REYES, J. |
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| In resolving rape cases, the primordial question is given to the credibility of the victim's testimony because conviction for rape may be solely based on the victim's testimony provided it is credible, natural, convincing, and consistent with human nature and the normal course of things.[21] Here, the trial judge, who had the opportunity of observing AAA's manner and demeanor on the witness stand, found AAA's testimony to be credible in itself. The Court emphasizes that a trial court's assessment of a witness' credibility, when affirmed by the CA, is even conclusive and binding, if not tainted with arbitrariness or oversight of some fact or circumstance of weight or influence,[22] which are absent in this case. This is so because of the judicial experience that trial courts are in a better position to decide the question of credibility, having heard the witnesses themselves and having observed firsthand their deportment and manner of testifying under gruelling examination. | |||||