This case has been cited 7 times or more.
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2005-08-03 |
PER CURIAM |
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| We have painstakingly reviewed the evidence on record and found no cogent reason to disturb the findings of the trial court and the appellate court. There is no doubt that appellant raped Alpha Jane on August 7, 2001 inside their house at Villamor Airbase, Pasay City. This credibility given by the trial court to the rape victim is an important aspect of evidence[19] which appellate courts can rely on because of its unique opportunity to observe the witnesses, particularly their demeanor, conduct, and attitude, during the direct and cross-examination by counsel. | |||||
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2003-06-26 |
CARPIO, J. |
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| This Court has repeatedly noted in rape cases that it is common for a girl of tender age to be intimidated by the mildest threat against her life.[18] Rape is committed when the accused intimidates the victim who submits to sexual intercourse out of fear for her life or personal safety.[19] Intimidation is addressed to the mind of the victim, and being subjective, its presence cannot be tested by any hard and fast rule. Instead, intimidation should be viewed in the light of the victim's perception and judgment at the time of the commission of the rape.[20] Danly described appellant's acts of intimidation on her as follows: Q Could you tell the court how you were able to go to Pasig? | |||||
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2000-10-24 |
YNARES-SANTIAGO, J. |
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| which if properly taken into account may alter the outcome of the case.[8] In the instant case, we have painstakingly reviewed the records and transcript of stenographic notes and have not found any reason to overturn the challenged Decision. Accused-appellant insists that the sexual acts he had with both victims are with their respective consent. While the Court has upheld the defense of consensual sex in some cases on the basis of strong evidence, consisting of letters and the testimonies of witnesses showing | |||||
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2000-10-13 |
YNARES-SANTIAGO, J. |
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| Finally, we uphold the trial court's award of civil indemnity as well as moral and exemplary damages of P50,000.00 each, respectively, in each of the three criminal cases. Civil indemnity is automatically awarded in rape cases and current jurisprudence fixes it at P50,000,00. Moral damages are imposed in rape cases involving young girls between thirteen and nineteen years of age, taking into account the immeasurable havoc wrought on their youthful feminine psyche.[25] It may be awarded without the need for pleading or proof of the basis thereof.[26] Exemplary damages may also be awarded in criminal cases as part of the civil liability if the crime was committed with one or more aggravating circumstances.[27] Accused-appellant being the father of Nerissa, relationship should be appreciated as an aggravating circumstance under Article 15 of the Revised Penal Code.[28] | |||||
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2000-03-03 |
PARDO, J. |
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| Accused's defense of alibi, although corroborated by two witnesses, deserves little merit. The defense of alibi cannot overcome the positive identification of the accused as the perpetrator of the crime by his victim.[24] Furthermore, for the defense of alibi to prosper, the accused must establish that he was so far away that he could not have been physically present at the place of the crime, or its immediate vicinity, at the time of its commission.[25] Accused Arnel Omar failed to show that it was physically impossible for him to be at the crime scene. | |||||
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2000-02-09 |
MENDOZA, J. |
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| This is not so. In the first place, complainant testified that accused-appellant pointed a knife at her neck. There was, therefore, the essence of force and intimidation sufficient to engender fear in complainant's mind that she would be killed if she did not yield to accused-appellant's desires. As stated in the case of People v. Paranzo:[23] | |||||