This case has been cited 7 times or more.
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2007-06-08 |
CHICO-NAZARIO, J. |
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| Finally, this Court agrees in the amount of civil indemnity, moral damages and exemplary damages which the appellate court awarded to the victim. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[30] The case law also requires automatic award of moral damages to a rape victim without need of proof because from the nature of the crime, it can be assumed that she has suffered moral injuries entitling her to such award. Such award is separate and distinct from civil indemnity.[31] The reduction of civil indemnity to P50,000.00 and moral damages to P50,000.00 is proper because the crime committed by the appellant is only simple rape. The award of P25,000.00 as exemplary damages to AAA is likewise proper in order to deter other fathers with perverse tendencies or aberrant sexual behaviors from sexually abusing their own daughters.[32] | |||||
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2001-02-28 |
PER CURIAM |
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| We therefore see no cogent reason to doubt the complainant's credibility. It has long been established that the testimony of a rape victims, especially a child of tender years, is given full weight and credit.[50] A rape victim who testifies in a categorical, straightforward, spontaneous and frank manner, and remains consistent, is a credible witness.[51] Furthermore, this Court has repeatedly ruled that matters affecting credibility are best left to the trial court because of its unique opportunity to observe that elusive and incommunicable evidence of the witness' deportment on the stand while testifying, an opportunity denied the appellate courts which usually rely only on the cold pages of the mute records of the case.[52] | |||||
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2000-03-01 |
QUISUMBING, J. |
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| We note, however, that the trial court awarded neither civil indemnity nor moral damages to the offended party. Pursuant to current jurisprudence, the private complainant is entitled to civil indemnity of P50,000.00 for each count of rape.[23] An additional P50,000.00 as moral damages should likewise be granted for each count of rape,[24] without need of further proof. To serve as deterrent against sexual abuse of young women by their fathers, exemplary damages in the amount of P25,000.00 should also be imposed for each count of rape.[25] | |||||
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2000-02-23 |
QUISUMBING, J. |
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| A woman who says she has been raped, as a rule, says almost all that is necessary to signify that the crime has been committed.[17] More so, if she was crying throughout her testimony, for we have found the same to be a badge of truthfulness.[18] | |||||
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2000-02-16 |
PARDO, J. |
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| We thus affirm the findings of the trial court on the credibility of Delia's narration of her defilement not only because of the settled rule that the trial court's assessment of the credibility of witnesses is entitled to great respect on appeal because it had the opportunity to observe the witness' demeanor and deportment while testifying, but more so because it is unnatural and highly improbable that a young girl would come out with such serious accusation, risking not only her honor and reputation but her family's as well.[17] Delia was only nine (9) years old when she was raped. At such tender age, she could not be expected to weave with uncanny recollection such a complicated tale as the sexual assault that accused-appellant unconscionably perpetrated on her.[18] The revelation of an innocent child, like Delia, whose chastity was abused deserves full credit, as the willingness of the complainant to face police investigation and to undergo the trouble and humiliation of a public trial is eloquent testimony of the truth of her complaint.[19] Thus, testimonies of rape victims who are of tender age demand full credence.[20] "Youth and immaturity are generally badges of truth and sincerity."[21] And the credibility of a rape victim is augmented when, as in this case, she has no malevolent motive to testify against the accused-appellant or where there is absolutely no evidence which even remotely suggests that she could have been actuated by such motive.[22] | |||||