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PEOPLE v. VICTOR TAPERLA Y TAMOSA

This case has been cited 6 times or more.

	GR No. 172710 2009-10-09	PEOPLE v. ALBERTO BUBAN LEONARDO-DE CASTRO, J.
As regards the alleged discrepancies as to the dates of the commission of the rape, the rule is well settled that in rape cases, the date or time of the incident is not an essential element of the offense and therefore need not be accurately stated.[35] Section 11 of Rule 110 pertinently provides: SEC. 11. Date of commission of the offense. - It is not necessary to state in the complaint or information the precise date the offense was committed except when time is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.
	GR Nos. 121213 and 121216-23 2004-01-13	PEOPLE v. BUTCHOY DE LA TORRE TINGA, J,
In accordance with jurisprudential law, the complainant in a rape case is entitled to civil indemnity, which is actually in the nature of actual or compensatory damages, in the amount of P50,000.00, as well as moral damages in the amount of P50,000.00. Civil indemnity[42] and moral damages[43] are automatically granted once the fact of rape has been established. Exemplary damages are awarded under Article 2230 of the Civil Code if there is an aggravating circumstance, whether ordinary or qualifying. Since the commission of the rape was attended by the qualifying circumstance of use of a deadly weapon, exemplary damages of P25,000.00 should also be given to the complainant.[44]
	GR No. 137597 2003-10-24	PEOPLE v. JASON S. NAVARRO CARPIO MORALES, J.
Pursuant to prevailing jurisprudence, as the rape was not effectively qualified by any circumstance for which the imposition of the death penalty is authorized, the victim is entitled to civil indemnity of P50,000.00[39] which is automatically imposed upon a finding of the commission of rape.[40] Additionally, she is entitled to moral damages of P50,000.00 without need of proving the basis thereof because it is assumed that the victim suffered moral injuries entitling her to such an award.[41] Appellants, having acted in conspiracy, their civil liability in favor of the victim is accordingly solidary.[42]
	GR Nos. 146693-94 2003-07-31	PEOPLE v. ROLANDO MENDOZA CARPIO MORALES, J.
The trial court failed to award to Monaliza civil indemnity which is automatically imposed upon finding of the commission of rape.[59] Since the death penalty is not imposed, appellant is liable to pay civil indemnity in the amount of P50,000.00 for each count.[60]
	GR No. 139332 2003-06-20	PEOPLE v. NOLI NOVIO Y AYASO CALLEJO, SR., J.
The Court cannot give credence to the testimony of the appellant that he and Maricel were sweethearts. His sweetheart theory is not supported by any photos or mementos to prove their alleged love relationship.[16] If, as the appellant testified, he and Maricel had been having an amorous relationship a month after April of 1994 or approximately four (4) months before the incident, tokens or mementos of their affair could have been exchanged, taken and kept.
	GR Nos. 147656-58 2003-05-09	PEOPLE v. BERNABE GUTIERREZ Y GUTIERREZ YNARES-SANTIAGO, J.
As to the civil liability, the trial court was also correct in awarding to the complainant the amounts of P50,000.00 as civil indemnity and P50,000.00 as moral damages for each act of rape. Civil indemnity[31] and moral damages[32] are automatically granted once the fact of rape had been established. However, the award of exemplary damages must be deleted. Under Article 2230 of the Civil Code, exemplary damages may be awarded only where an aggravating circumstance attended the commission of the offense.