Lawyerly

GR NO. 166040

2006-04-26

CALLEJO, SR., J.

On the second issue, a careful review of the records shows that the prosecution adduced evidence to prove beyond reasonable doubt that petitioner had carnal knowledge of the private complainant as charged in the Information. In People v. Morata[65] the Court ruled that penetration, no matter how slight, or the mere introduction of the male organ into the labia of the pudendum, constitutes carnal knowledge. Hence, even if the penetration is only slight, the fact that the private complainant felt pains, points to the conclusion that the rape was consummated.[66]

GR No. 152302

2004-06-08

PEOPLE v. JOSE OGA Y CALUNOD

DAVIDE JR., CJ.

In reviewing rape cases, the Court has established the following principles as guides: (1) an accusation of rape can be made with facility, difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) by reason of the intrinsic nature of rape, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its merits and cannot draw strength from the weakness of the evidence for the defense.[10]

GR Nos. 151186-95

2004-02-13

PEOPLE v. FAUSTO FUCIO Y MORENO

DAVIDE JR., CJ.

As regards the amount of damages awarded by the trial court, the same should be modified to conform to current case law. The civil indemnity should be increased from P30,000 to P50,000 for each of the nine counts of rape. However, the award of moral damages should be decreased from P75,000 to P50,000 for each count, since the higher amount is awarded only if the rape is qualified by any of the circumstances that warrant the imposition of the death penalty.[45] The award of exemplary damages is deleted considering the absence of any aggravating circumstance in the commission of the crime.[46] All in all, Fausto should be held liable for P450,000 as civil indemnity and another P450,000 as moral damages.

GR No. 146188

2003-12-11

PEOPLE v. DIONISIO ROTE

CARPIO, J.

Moreover, the medical examination conducted on Elma Luna buttressed her testimony that she was raped. Dr. Wilfred Kenept who examined Elma Luna a day after the incident on 30 October 1998, testified that there were fresh lacerations with swelling in Elma Luna's vagina. Although he stated that the hymen might still be intact since he did not see it because of the lacerations, [10] the rupture of the hymen is not necessary to consummate rape.[11] As correctly held by the trial court, mere touching by the male's organ of the labia of the pudendum of the female's private part is sufficient to consummate rape.[12]

GR No. 139181

2003-10-27

PEOPLE v. JIMMY AQUINO Y VIOLA

DAVIDE JR., C.J.

In reviewing rape cases, three guiding principles must be borne in mind: (1) an accusation for rape may be made with facility, for it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime where two persons are involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.[29]

GR No. 149075

2003-08-07

PEOPLE v. RODRIGO BALLENO Y PERNETES

YNARES-SANTIAGO, J.

Lastly, in line with the prevailing jurisprudence, the award of P75,000.00 as civil indemnity for the crime of rape should be reduced to P50,000.00.[35] Civil indemnity is separate and distinct from the award of moral damages which is automatically granted in rape cases.[36] Moral damages in the amount of P50,000.00 are additionally awarded without need of pleading or proof of the basis thereof. This is because it is recognized that the victim's injury is concomitant with and necessarily resulting from the odiousness of the crime to warrant per se the award of moral damages.[37]

GR No. 133926

2003-08-06

PEOPLE v. RUBEN DALISAY Y HERNANDEZ

SANDOVAL-GUTIERREZ, J.

We disagree. It was sufficiently and convincingly established by the prosecution that appellant had carnal knowledge of Lanie against her will, as clearly shown by her testimony quoted earlier. The presence of either hymenal laceration or spermatozoa on Lanie's private part is not an essential element of rape.[35] In People vs. Parcia,[36] we held that the absence of sperm does not disprove the charge of rape. Likewise, in People vs. Regala,[37] we ruled that an intact hymen does not necessarily prove absence of sexual intercourse. Similarly, in People vs. Rafales,[38] we declared:"x x x. For rape to be committed, entrance of the male organ within the labia or pudendum of the female organ is sufficient. Rupture of the hymen or laceration of the vagina are not essential. Entry to the least extent of the labia or the lips of the female organ is sufficient, the victim remaining virgin does not negate rape." As testified to by Lanie, "the tip" of appellant's penis was inserted[39] into her vagina,[40] as a result of which she felt pain. In other words, there was no full penetration, and this explains why her hymen remained intact. Nonetheless, carnal knowledge was consummated by the entry of "the tip" of appellant's private organ into the labia or pudendum of Lanie's genitalia.[41] It is well-settled that full penetration is not required to consummate carnal knowledge, as proof of entrance showing the slightest penetration of the male organ within the labia or pudendum of the female organ is sufficient.[42] We now come to the second element of statutory rape, i.e., that the woman is under 12 years of age.

GR No. 135022

2002-07-11

PEOPLE v. BIENVENIDO DELA CRUZ

DAVIDE, JR., C.J.

No. 7659, was correctly imposed by the trial court. We rectify the error of the trial court in granting JONALYN the amount of P60,000 as civil indemnity. In conformity with current jurisprudence, we hereby reduce it to P50,000.[42] An award of

GR Nos. 132239-40

2000-12-04

PEOPLE v. FRANCISCO NAVIDA

PER CURIAM

The alleged withholding of her ordeal from her relatives was not without a valid reason. GLENDA constantly feared, and rightly so, the threats of FRANCISCO on her life and that of her brother Sonny. GLENDA's behavior is consistent with the Court's frequent observation that it is not uncommon for young girls to conceal for sometime the assault against their virtue because of the rapist' threats on their lives.[23]

GR No. 135330

2000-08-31

PEOPLE v. CAMILO VILLANUEVA

DAVIDE JR., C.J.

should be ordered to pay NIA the amount of P50,000 as indemnity.[38] In view of the presence of generic aggravating circumstance of abuse of confidence exemplary damages in the amount of P20,000 may be awarded.[39]

	GR NO. 166040 2006-04-26	NIEL F. LLAVE v. PEOPLE CALLEJO, SR., J.
On the second issue, a careful review of the records shows that the prosecution adduced evidence to prove beyond reasonable doubt that petitioner had carnal knowledge of the private complainant as charged in the Information. In People v. Morata[65] the Court ruled that penetration, no matter how slight, or the mere introduction of the male organ into the labia of the pudendum, constitutes carnal knowledge. Hence, even if the penetration is only slight, the fact that the private complainant felt pains, points to the conclusion that the rape was consummated.[66]
	GR No. 152302 2004-06-08	PEOPLE v. JOSE OGA Y CALUNOD DAVIDE JR., CJ.
In reviewing rape cases, the Court has established the following principles as guides: (1) an accusation of rape can be made with facility, difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) by reason of the intrinsic nature of rape, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its merits and cannot draw strength from the weakness of the evidence for the defense.[10]
	GR Nos. 151186-95 2004-02-13	PEOPLE v. FAUSTO FUCIO Y MORENO DAVIDE JR., CJ.
As regards the amount of damages awarded by the trial court, the same should be modified to conform to current case law. The civil indemnity should be increased from P30,000 to P50,000 for each of the nine counts of rape. However, the award of moral damages should be decreased from P75,000 to P50,000 for each count, since the higher amount is awarded only if the rape is qualified by any of the circumstances that warrant the imposition of the death penalty.[45] The award of exemplary damages is deleted considering the absence of any aggravating circumstance in the commission of the crime.[46] All in all, Fausto should be held liable for P450,000 as civil indemnity and another P450,000 as moral damages.
	GR No. 146188 2003-12-11	PEOPLE v. DIONISIO ROTE CARPIO, J.
Moreover, the medical examination conducted on Elma Luna buttressed her testimony that she was raped. Dr. Wilfred Kenept who examined Elma Luna a day after the incident on 30 October 1998, testified that there were fresh lacerations with swelling in Elma Luna's vagina. Although he stated that the hymen might still be intact since he did not see it because of the lacerations, [10] the rupture of the hymen is not necessary to consummate rape.[11] As correctly held by the trial court, mere touching by the male's organ of the labia of the pudendum of the female's private part is sufficient to consummate rape.[12]
	GR No. 139181 2003-10-27	PEOPLE v. JIMMY AQUINO Y VIOLA DAVIDE JR., C.J.
In reviewing rape cases, three guiding principles must be borne in mind: (1) an accusation for rape may be made with facility, for it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime where two persons are involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.[29]
	GR No. 149075 2003-08-07	PEOPLE v. RODRIGO BALLENO Y PERNETES YNARES-SANTIAGO, J.
Lastly, in line with the prevailing jurisprudence, the award of P75,000.00 as civil indemnity for the crime of rape should be reduced to P50,000.00.[35] Civil indemnity is separate and distinct from the award of moral damages which is automatically granted in rape cases.[36] Moral damages in the amount of P50,000.00 are additionally awarded without need of pleading or proof of the basis thereof. This is because it is recognized that the victim's injury is concomitant with and necessarily resulting from the odiousness of the crime to warrant per se the award of moral damages.[37]
	GR No. 133926 2003-08-06	PEOPLE v. RUBEN DALISAY Y HERNANDEZ SANDOVAL-GUTIERREZ, J.
We disagree. It was sufficiently and convincingly established by the prosecution that appellant had carnal knowledge of Lanie against her will, as clearly shown by her testimony quoted earlier. The presence of either hymenal laceration or spermatozoa on Lanie's private part is not an essential element of rape.[35] In People vs. Parcia,[36] we held that the absence of sperm does not disprove the charge of rape. Likewise, in People vs. Regala,[37] we ruled that an intact hymen does not necessarily prove absence of sexual intercourse. Similarly, in People vs. Rafales,[38] we declared:"x x x. For rape to be committed, entrance of the male organ within the labia or pudendum of the female organ is sufficient. Rupture of the hymen or laceration of the vagina are not essential. Entry to the least extent of the labia or the lips of the female organ is sufficient, the victim remaining virgin does not negate rape." As testified to by Lanie, "the tip" of appellant's penis was inserted[39] into her vagina,[40] as a result of which she felt pain. In other words, there was no full penetration, and this explains why her hymen remained intact. Nonetheless, carnal knowledge was consummated by the entry of "the tip" of appellant's private organ into the labia or pudendum of Lanie's genitalia.[41] It is well-settled that full penetration is not required to consummate carnal knowledge, as proof of entrance showing the slightest penetration of the male organ within the labia or pudendum of the female organ is sufficient.[42] We now come to the second element of statutory rape, i.e., that the woman is under 12 years of age.
	GR No. 135022 2002-07-11	PEOPLE v. BIENVENIDO DELA CRUZ DAVIDE, JR., C.J.
No. 7659, was correctly imposed by the trial court. We rectify the error of the trial court in granting JONALYN the amount of P60,000 as civil indemnity. In conformity with current jurisprudence, we hereby reduce it to P50,000.[42] An award of
	GR Nos. 132239-40 2000-12-04	PEOPLE v. FRANCISCO NAVIDA PER CURIAM
The alleged withholding of her ordeal from her relatives was not without a valid reason. GLENDA constantly feared, and rightly so, the threats of FRANCISCO on her life and that of her brother Sonny. GLENDA's behavior is consistent with the Court's frequent observation that it is not uncommon for young girls to conceal for sometime the assault against their virtue because of the rapist' threats on their lives.[23]
	GR No. 135330 2000-08-31	PEOPLE v. CAMILO VILLANUEVA DAVIDE JR., C.J.
should be ordered to pay NIA the amount of P50,000 as indemnity.[38] In view of the presence of generic aggravating circumstance of abuse of confidence exemplary damages in the amount of P20,000 may be awarded.[39]

PEOPLE v. BENJAMIN RAFALES