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PEOPLE v. JOEY AMIGABLE

This case has been cited 3 times or more.

	GR No. 131942 2000-10-05	PEOPLE v. CARLITO BAWANG YNARES-SANTIAGO, J.
...Lack of lacerated wounds does not negate sexual intercourse. A freshly broken hymen is not an essential element of rape.[47] Even the fact that the medical report states that the hymen of the victim was still intact does not negate rape.[48] As explained by Dr. Maximo Reyes, the medico-legal officer of the NBI, "there are hymen[s] that may admit without necessarily producing laceration and there are hymen[s] that may admit with injuries that will produce such laceration."
	GR No. 124976 2000-05-31	PEOPLE v. VICENTE BALORA Y DELANTAR PARDO, J.
We find no reason to depart from the findings of the trial court sustaining the credibility of Leticia whose demeanor when she testified was carefully observed by the trial court and found to be sincere, honest and worthy of belief.[25] Assessing the credibility of the witnesses is a function that is best discharged by trial courts.[26] Leticia underwent rigorous examination, both direct and cross, and her testimony never faltered or changed. She was candid, straightforward and consistent in narrating how she was raped. There is nothing that would reveal that Leticia had a motive other than to bring her rapist to justice and vindicate her honor. Against her positive testimony that accused was the rapist, the latter had nothing to offer but denial. "Settled is the rule that positive testimony is stronger than negative testimony."[27]
	GR No. 124976 2000-05-31	PEOPLE v. VICENTE BALORA Y DELANTAR PARDO, J.
With regard to the imposition of the amount of P50,000.00 as civil indemnity, this is consistent with prevailing jurisprudence. However, we modify the trial court's ruling by adding P50,000.00 as moral damages in line with current jurisprudence.[39] Even without proof in the pleadings to support an award of moral damages, the Court has declared that in crimes of rape, in addition to civil indemnity, moral damages may be awarded to the victim. It is quite apparent that the victim had to endure much anguish and pain that it would be expecting too much for her to recite in detail her traumatic experience merely to obtain pecuniary restitution.[40]