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PEOPLE v. CARLOS LILO

This case has been cited 5 times or more.

	GR No. 169641 2009-09-10	PEOPLE v. RICHARD O. SARCIA LEONARDO-DE CASTRO, J.
Accused-appellant capitalizes on AAA's inability to recall the exact date when the incident in 1996 was committed. Failure to recall the exact date of the crime, however, is not an indication of false testimony, for even discrepancies regarding exact dates of rapes are inconsequential and immaterial and cannot discredit the credibility of the victim as a witness.[21] In People v. Purazo,[22] We ruled: We have ruled, time and again that the date is not an essential element of the crime of rape, for the gravamen of the offense is carnal knowledge of a woman. As such, the time or place of commission in rape cases need not be accurately stated. As early as 1908, we already held that where the time or place or any other fact alleged is not an essential element of the crime charged, conviction may be had on proof of the commission of the crime, even if it appears that the crime was not committed at the precise time or place alleged, or if the proof fails to sustain the existence of some immaterial fact set out in the complaint, provided it appears that the specific crime charged was in fact committed prior to the date of the filing of the complaint or information within the period of the statute of limitations and at a place within the jurisdiction of the court.
	GR NO. 174472 2007-06-19	PEOPLE v. BENIGNO FETALINO Y GABALDON CHICO-NAZARIO, J.
Acts of lasciviousness is punished under the Revised Penal Code by prision correccional. Applying the Indeterminate Sentence Law, and taking into consideration the aggravating circumstance of relationship, appellant should be made to suffer an indeterminate prison term of six (6) months of arresto mayor, as minimum, to six (6) years of prision correccional, as maximum. In addition, appellant is to pay the amount of P30,000.00 as moral damages for each count of acts of lasciviousness.[46]
	GR Nos. 148716-18 2004-07-07	PEOPLE v. SALVADOR ORILLOSA Y DELA CRUZ YNARES-SATIAGO, J.
Under Article 336 of the Revised Penal Code, the crime of acts of lasciviousness is punished by prision correccional. Applying the Indeterminate Sentence Law and appreciating relationship as an aggravating circumstance, appellant could be sentenced to suffer an indeterminate prison term of six (6) months of arresto mayor, as minimum, to six (6) years of prision correccional, as maximum,[17] and to pay the victim P30,000.00 as moral damages.[18]
	GR No. 121997 2003-12-10	PEOPLE v. ANDRES MASAPOL CALLEJO, SR., J.
The trial court failed to award moral and exemplary damages in favor of Beatriz. According to current jurisprudence, victims of rape are entitled to P50,000.00 as moral damages,[22] P25,000.00 as exemplary damages.[23]
	GR Nos. 150493-95 2003-10-23	PEOPLE v. CIRILO MACABATA PER CURIAM
As to the first incident of rape on 6 June 1996, it was not impossible for appellant to commit sexual assault under the prevailing circumstances when the younger daughter was with the victim washing dishes. We take judicial notice of the fact, which may be considered of public knowledge, that the situs of the rape is not always or necessarily isolated or secluded.[15] It can be committed even in places where people congregate, in parks along the roadside, in school premises, in a house where there are other occupants, in the same room where other members of the family are also sleeping, and even in places which to many would appear unlikely and highly risky venues for its commission. There is no rule that rape can be committed only in seclusion.[16]