This case has been cited 3 times or more.
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2009-08-25 |
VELASCO JR., J. |
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| Under Article 266-A of the Revised Penal Code, as amended, if the victim is demented, the element of force becomes immaterial and absence of consent is presumed. Thus, only sexual intercourse must be proved in order to convict an accused. For this reason, if the mental age of a woman above 12 years old is that of a child below 12 years old, even if she voluntarily submits herself to the bestial desires of the accused, or even if the circumstances of force or intimidation are absent, the accused would still be liable for rape.[17] If the victim, however, is above 12 years old and has normal psychological faculty at the time of the crime, sexual intercourse and the attendant circumstance of force, violence, intimidation, or threat must be proved. | |||||
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2001-11-29 |
MENDOZA, J. |
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| This being so, the penalty of death cannot be imposed on accused-appellant and he can only be convicted of simple rape, which has the commensurate penalty of reclusion perpetua. Accordingly, the award of indemnity in the amount of P75,000.00 should be reduced to P50,000.00 pursuant to current case law.[38] The award of moral damages in the amount of P50,000.00 must be sustained as it is in accord with our recent rulings.[39] Considering further that the aggravating circumstance of relationship, although insufficient to warrant the imposition of the penalty of death for lack of specificity in the allegation, has been alleged in the information and proven during trial, the award of exemplary damages is upheld with the modification that the same is increased to P25,000.00.[40] | |||||
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2001-07-31 |
MENDOZA, J. |
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| In addition to the damages given by the trial court, exemplary damages in the amount of P25,000.00 should likewise be awarded in favor of complainant. Accused-appellant being the father of complainant, such relationship can be appreciated as a generic aggravating circumstance warranting the award of exemplary damages. In rapes committed by fathers against their daughters, such award may be imposed to serve as a deterrent to other parents similarly disposed to commit the same crime.[79] | |||||