This case has been cited 3 times or more.
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2008-06-27 |
CHICO-NAZARIO, J. |
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| Be that as it may, even if the DNA test were conducted and it established that appellant had not fathered the private complainant's child, it would still be inconclusive to prove that appellant was not guilty of having raped private complainant on 13 July 2002. Appellant cannot obtain an acquittal based on the circumstances of private complainant's pregnancy. Impregnation is not an element of rape. Even the proof that the child was fathered by another man does not show that the appellant is not guilty. For the conviction of an accused, the pregnancy of the victim is not required to be proved, since it is sufficient that the prosecution establish beyond reasonable doubt, as it had in this case, that the accused had forced sexual relations with the victim.[32] | |||||
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2008-06-17 |
CHICO-NAZARIO, J. |
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| As to damages. The appellate court correctly ruled that AAA was entitled to the award of P50,000.00 as civil indemnity because it is mandatory upon the finding of the fact of rape and the same is not to be considered as moral damages, the latter being based on different jural foundations.[74] Likewise, the Court of Appeals properly deleted the award of P50,000.00 as actual or compensatory damages given by the trial court to AAA. As we have explained in a number of cases, the indemnity provided in criminal law as civil liability is the equivalent of actual or compensatory damages in civil law.[75] Thus, the award of P50,000.00 as civil indemnity also stands for actual or compensatory damages. Lastly, the appellate court was correct in reducing the award of moral damges from P100,000.00 to P50,000.00 in accordance with current jurisprudence.[76] | |||||
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2000-02-02 |
PER CURIAM |
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| Aside from the award of civil indemnity, we find that moral damages should also be awarded in favor of Ornella since it has also been held that in crimes of rape, moral damages may be additionally awarded to the victim without need for pleading or proof of the basis thereof.[57] This is because it is assumed that the offended party has suffered moral injuries entitling her to the award of such damages.[58] In cases where multiple rapes are committed against one victim, as in this case where Ornella suffered four rapes by four men, the victim should be awarded no less than the amount of P200,000.00 as moral damages.[59] | |||||