This case has been cited 4 times or more.
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2004-07-07 |
YNARES-SATIAGO, J. |
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| 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] | |||||
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2004-06-03 |
PER CURIAM |
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| It is lamentable that Luzviminda's concern for appellant was more intense than her desire to right a grievous wrong done to her own child. In People v. Dizon,[48] this Court stated:Truly, some wives are overwhelmed by emotional attachments to their husbands to such an extent that the welfare of their own offsprings takes back seat. Le coeur a ses raisons que la raison ne connait point. Knowingly or otherwise, they suppress the truth and act as medium for injustice to preponderate. Though heavens fall, they would stand by their man. Teresa exemplifies this breed of women. There being proof beyond reasonable doubt that appellant committed the crime as charged, we affirm his conviction. | |||||
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2002-03-19 |
MENDOZA, J. |
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| Third. In view of the reduction of the penalty, the civil indemnity awarded to Arlene should correspondingly be reduced to P50,000.00 in accordance with prevailing jurisprudence.[41] The award of moral damages in the amount of P50,000.00 should be upheld in view of the victim's injury inherently concomitant with and necessarily resulting from the odious crime of rape.[42] In addition, exemplary damages in the amount of P25,000.00 should be awarded to complainant in order to deter other fathers with perverse tendencies and aberrant sexual behavior from preying upon their own young daughters.[43] | |||||
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2002-01-23 |
YNARES-SANTIAGO, J. |
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| A careful review of the evidence on record shows that AAA's testimony on the details of the rape was narrated in a straightforward, positive and convincing manner. She did not waver even during cross-examination, despite her tender age. It is an established rule that courts usually give credence to the testimony of a girl who is a victim of sexual assault, particularly if it constitutes incestuous rape because, normally, no person would be willing to undergo the humiliation of a public trial and to testify on the details of her ordeal were it not to condemn an injustice.[10] | |||||