This case has been cited 2 times or more.
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2014-06-16 |
REYES, J. |
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| The victim's age at the time of the rape was sufficiently established by a copy of AAA's Certificate of Live Birth which forms part of the case records. AAA was born on December 9, 1997, and thus, was only seven (7) years old when the crime happened.[27] This circumstance is material to the case, given that a man commits rape by having carnal knowledge of a child under twelve (12) years of age, even in the absence of any of the following circumstances: (a) force, threat or intimidation; (b) the offended party is deprived of reason or otherwise unconscious; or (c) fraudulent machination or grave abuse of authority.[28] | |||||
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2013-07-17 |
BERSAMIN, J. |
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| Finally, although the RTC and the CA correctly imposed reclusion perpetua because the crime was simple rape, we need to revise the civil liability fixed and allowed by the RTC in order to have it accord with pertinent jurisprudence to the effect that civil indemnity of P50,000.00 and moral damages of P50,000.00 should be awarded to the victim of simple rape without need of proof other than the fact of rape.[28] This is because the victim unquestionably suffered actual loss and moral injuries from her experience. In addition, the attendance of AAA's minority as an aggravating circumstance, which, although not a proper basis to raise the penal sanction on account of the failure to allege it in the information, should still justify the grant of exemplary damages in order to set a public example and to establish a deterrent against elders who abuse and corrupt the youth.[29] According to People v. Catubig,[30] exemplary damages are justified regardless of whether or not the generic or qualifying aggravating circumstances are alleged in the information, considering that the grant of such damages pursuant to Article 2230 of the Civil Code is intended for the sole benefit of the victim and does not affect the criminal liability, the exclusive concern of the State. The grant in this regard should be in the sum of P30,000.00.[31] | |||||