This case has been cited 8 times or more.
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2006-10-31 |
CHICO-NAZARIO, J. |
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| As to appellant's contention that her daughter accused him of the crime of rape because he slapped and whipped her in front of her "barkadas," the same is unjustifiable. In previous cases, this Court held that parental punishment or disciplinary chastisement is not enough reason for a daughter in a Filipino family to falsely accuse her father of rape. She would not subject herself to an examination of her private parts, undergo the trauma and humiliation of public trial, and embarrass herself with the need to narrate in detail how she was raped if she was not in fact raped. It takes depravity for a young girl to concoct a tale of defloration, which would put her own father on death row, drag herself and the rest of her family to a lifetime of shame, and make them the object of gossip among their classmates and friends.[33] | |||||
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2004-01-16 |
CALLEJO, SR., J. |
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| The trial court awarded P50,000.00 to the victim as civil indemnity ex delicto. However, it failed to award moral and exemplary damages. The victim is also entitled to P50,000.00 as moral damages[23] and P25,000.00 as exemplary damages.[24] | |||||
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2003-12-11 |
PANGANIBAN, J. |
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| Thus, we award the victims P25,000 each for exemplary damages in view of the alleged and proven qualifying circumstance of the rape committed by two or more persons. Relative to the civil aspect of a case, an aggravating circumstance -- whether ordinary or qualifying -- should entitle the offended party to an award of exemplary damages within the unbridled meaning of Article 2230 of the Civil Code.[99] | |||||
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2003-11-19 |
PANGANIBAN, J. |
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| In addition to indemnity ex delicto, the victim should be awarded moral damages in the sum of P50,000.[36] This Court has granted the same to victims of rape without need of proof other than the fact of rape, which by itself shows the factual bases for the award. Also, exemplary damages of P25,000[37] is proper, since the prosecution was able to prove the relationship of appellant with the victim. Even if not alleged in the Information, their proven relationship is sufficient basis for this civil liability.[38] | |||||
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2003-05-05 |
BELLOSILLO, J. |
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| As in almost all rape cases, the crux of this issue is the credibility of the witnesses. This is resolved primarily by the trial court since it is in a better position to decide the same after having heard the witnesses and observed their conduct, deportment and manner of testifying. Accordingly, its findings are entitled to the highest degree of respect and will not be disturbed on appeal in the absence of any showing that the trial court overlooked, misunderstood or misapplied some facts or circumstances of weight or substance which would otherwise affect the result of the case.[43] There is nothing of this sort in the instant case. | |||||
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2003-04-30 |
PER CURIAM |
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| In addition, complainant is entitled to the amount of P25,000.00 as and for exemplary damages[44] considering the aggravating circumstance of dwelling; and to the amount of P25,000.00 by way of temperate damages[45] in lieu of actual damages, considering that complainant had to undergo psychiatric treatment but was not able to present proof of the expenses she incurred in her treatment. | |||||
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2003-04-02 |
PER CURIAM |
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| At the heart of almost all rape cases is the issue of credibility of the witnesses.[18] And when credibility is in issue, it is well settled that we generally defer to the findings of the trial court. Having heard the witnesses themselves and observed their deportment during trial, the trial court is in a better position to decide the question.[19] | |||||
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2003-01-28 |
PUNO, J. |
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| Again, we do not agree. The silence of the victim for a period of time does not necessarily indicate a baseless and fabricated charge.[17] This Court has often ruled that delay in reporting rape incidents in the face of threats of physical violence cannot be taken against the victim.[18] Rape victims prefer to suffer in private than reveal their ordeal to the public and suffer the humiliation and simultaneously risk the rapists' making good the threat to hurt them.[19] Myra explained why she opted to suffer in silence, viz: "Atty. Garcia: | |||||