This case has been cited 4 times or more.
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2015-09-23 |
VILLARAMA, JR., J. |
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| Further, it is doctrinally settled that factual findings of the trial court, especially on the credibility of the rape victim, are accorded great weight and respect and will not be disturbed on appeal.[11] The Court observes restraint in interfering with the trial court's assessment of the witnesses' credibility, absent any indication or showing that the trial court overlooked some material facts or gravely abused its discretion, more so, when the CA sustained such assessment, as in this case, where it affirmed the trial court's findings of fact, the veracity of the testimonies of the witnesses, the determination of physical evidence and conclusions.[12] | |||||
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2015-06-22 |
VILLARAMA, JR., J. |
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| We also agree with the RTC and the CA that BBB is entitled to damages. Indeed, in People v. Buclao,[37] we reiterated that in rape cases, the award of civil indemnity is mandatory upon proof of the commission of rape, whereas moral damages are automatically awarded without the need to prove mental and physical suffering and that exemplary damages are also imposed, as example for the public good and to protect minors from all forms of sexual abuse. However, to conform with current jurisprudence on the award of damages respecting the crime of qualified rape by sexual assault, we modify the award to BBB of P30,000.00 as civil indemnity upon the finding of the fact of rape, P30,000.00 as moral- damages automatically awarded in rape case without need of proof and P30,000.00 as exemplary damages.[38] | |||||
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2015-02-09 |
DEL CASTILLO, J. |
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| The elements therefore of qualified rape are: "(1) sexual congress; (2) with a woman; (3) done by force and without consent; (4) the victim is under [18] years of age at the time of the rape; (5) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim."[38] | |||||
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2015-01-21 |
PEREZ, J. |
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| All damages awarded shall earn legal interest at the rate of 6% per annum from the date of finality of judgment until fully paid.[22] | |||||