This case has been cited 3 times or more.
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2011-06-13 |
SERENO, J. |
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| An award of exemplary damages to AAA and BBB for all the instances of rape committed by the accused against them is also warranted. In People v. Alfredo [41], the Court reiterated an earlier decision held "that exemplary damages may be awarded not only in the presence of an aggravating circumstance, but also where the circumstances of the case show a highly reprehensible conduct." [42] In the present case, the circumstances show the higher degree of perversity of the accused. Instead of showing any remorse in abusing children of tender age, he repeatedly committed the crime against the victims. Worse, he even degraded them before other people by making fun of the fact that their private parts were already non-virginal, something that society sees as outrageous and uncommon for their age. Surely, only a person who is outrageously perverse can brag about his vulgarities to others with seeming impunity. These are conducts and dispositions that are abhorrent to the norms of a civilized society and should be curtailed and discouraged. We apply the Court's rationale in People v. Rayos[43], wherein we held that "Article 2229 of the Civil Code sanctions the grant of exemplary or correction damages in order to deter the commission of similar acts in the future and to allow the courts to mould behaviour that can have grave and deleterious consequences to society." | |||||
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2009-06-30 |
VELASCO JR., J. |
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| As regards damages, we agree with the appellate court's award of PhP 100,000 as civil indemnity; PhP 75,000 as moral damages; and temperate damages amounting to PhP 25,000 in lieu of actual damages, all consistent with prevailing jurisprudence for rape with homicide.[20] The Court also awards exemplary damages in the amount of PhP 50,000. Article 2229 of the Civil Code grants the award of exemplary or correction damages in order to deter the commission of similar acts in the future and to allow the courts to mould behaviour that can have grave and deleterious consequences to society.[21] | |||||
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2002-05-09 |
PER CURIAM |
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| First. An accused can be convicted even if no eyewitness is available, provided sufficient circumstantial evidence is presented by the prosecution to prove beyond reasonable doubt that the accused committed the crime.[21] In rape with homicide, the evidence against an accused is more often than not circumstantial. This is because the nature of the crime, where only the victim and the rapist would have been present at the time of its commission, makes the prosecution of the offense particularly difficult since the victim could no longer testify against the perpetrator. Resort to circumstantial evidence is inevitable and to demand direct evidence proving the modality of the offense and the identity of the perpetrator is unreasonable.[22] | |||||