This case has been cited 2 times or more.
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2003-10-16 |
PER CURIAM |
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| Moreover, it has been shown that Jelyn was trembling and in tears during her direct and cross-examinations. Such display of raw emotions indicates the pain and humiliation that she felt as she recounted the details of her sordid experience.[34] The fact that Jelyn's own mother testified in the accused's defense does not render her tale any less true. In fact, under the circumstances, her mother should be condemned for assuming such stance to the prejudice of her own innocent minor daughter. It is a sad reality of life that some mothers actually choose to suffer in silence with their daughters rather than risk embarrassment of public trial and, for those in the marginalized sector, risk losing their means of support when their breadwinner husbands land in jail.[35] | |||||
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2003-10-01 |
AUSTRIA-MARTINEZ, J. |
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| It is settled that the presence of an aggravating circumstance justifies an award for exemplary damages under Article 2230[36] of the Civil Code even in the absence of an allegation of the aggravating circumstance in the Information.[37] The award of exemplary damages should serve to deter other fathers with perverse tendencies and aberrant sexual behavior from preying upon and sexually abusing their daughters.[38] Thus, exemplary damages in the amount of P25,000.00 for each count of rape should be awarded to the victim in view of the presence of the aggravating circumstances of relationship and dwelling. | |||||