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PEOPLE v. DOMINGO TUPAZ Y CASTOR

This case has been cited 2 times or more.

2010-06-29
VELASCO JR., J.
Appellant's attempt, in his bid for exculpation, to ride on AAA's inability to recall precisely what time of the day the 2005 rape transpired is puerile.  Victims of rape hardly retain in their memories the dates and manner they were violated and it is for this reason that the exact date of the commission of the rape is not an element of the crime.[27] The gravamen of the offense is carnal knowledge of a woman without her consent.
2003-06-23
QUISUMBING, J.
As to appellant's civil liability, we find modifications are in order.  The trial court ordered appellant to pay the victim P200,000.00 as moral damages.  In addition, when the penalty imposed is reclusion perpetua, civil indemnity in the sum of P50,000.00 for each count of rape is proper.[29]  Further, we must also award P25,000.00 as exemplary damages in each count, in order to deter fathers with perverse tendencies or aberrant sexual behavior from taking advantage of their own daughters.[30]