This case has been cited 2 times or more.
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2012-01-25 |
LEONARDO-DE CASTRO, J. |
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| The purported inconsistencies or contradictions in AAA's testimony vis-a-vis her sworn statement do not adversely affect her credibility. AAA was a minor at the time she was first raped by her father, Ortega. Her painful experience, followed by the police investigation, medical examination, and court trial in full view of the public, surely placed her under a lot of pressure and caused her confusion, given her tender age. We have repeatedly held that "the precise time of the commission of the crime is not an essential element of rape and it has no bearing on its commission."[24] Despite her failure to give the exact time and date of the two rape incidents, AAA was able to recall in detail how the sexual assault was committed against her by Ortega. | |||||
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2003-09-10 |
VITUG, J. |
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| The trial court awarded "indemnity damages" of P50,000.00 and exemplary damages of P100,000.00. Civil indemnity is automatically imposed upon the accused without need of proof other than the fact of the commission of murder or homicide.[24] The award should thus be affirmed. The award of exemplary damages is justified considering the attendance of the aggravating circumstance of abuse of superior strength that qualified the killing to murder but, considering prevailing jurisprudence, that amount should be reduced to P25,000.00.[25] Consistently likewise with recent decisions of the Court, an award of only temperate damages of P25,000.00, no adequate proof of actual damages having been shown, is warranted.[26] | |||||