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PEOPLE v. JIMMY ALVERIO

This case has been cited 4 times or more.

2013-09-18
REYES, J.
Bacatan's submission that the contents of the medical certificate cannot be considered as corroborative of the claim of rape as the signatory himself did not testify, cannot prosper. As held in People v. Alverio,[31] medical evidence is dispensable evidence;[32] it is not necessary to prove rape in as much the time of its commission does not constitute a material ingredient of the crime.[33] These circumstances do not pertain to the details and elements that produce the gravamen of the offense that is - sexual intercourse with a woman against her will or without her consent.[34]
2012-11-12
DEL CASTILLO, J.
The Court upholds the award of P75,000.00 as civil indemnity since this is mandatory upon conviction for rape if the crime is qualified by circumstances which warrant the imposition of the death penalty, as in this case.  The award of P75,000.00 as moral damages is likewise upheld as the same is awarded without need of pleading the basis thereof, other than the fact of rape.  However, the award of exemplary damages is increased to P30,000.00 in line with prevailing jurisprudence.[30]  Likewise, interest at the rate of six percent (6%) per annum shall be imposed on all the damages awarded from the date of finality of this judgment until fully paid.[31]
2012-09-12
DEL CASTILLO, J.
We sustain the award of civil indemnity made by the appellate court in the increased amount of P75,000.00 and likewise of the amount of P75,000.00 as moral damages in each case following existing jurisprudence.[20] We also affirm the grant of exemplary damages but in the increased amount of P30,000.00 for each case also consistent with relevant jurisprudence.[21] Likewise, interest at the rate of 6% per annum shall be imposed on all the damages awarded from the date of finality of this judgment until fully paid.[22]
2011-04-11
DEL CASTILLO, J.
As regards the award of damages, the trial court, as affirmed by the CA, correctly awarded P50,000.00 as civil indemnity and P50,000.00 as moral damages.  "However, in line with current jurisprudence, an additional award of P30,000.00 as exemplary damages should likewise be given, as well as interest of six percent (6%) per annum on all damages awarded from the finality of judgment until fully paid."[30]