This case has been cited 4 times or more.
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2013-07-10 |
LEONARDO-DE CASTRO, J. |
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| For a conviction of qualified rape, the prosecution must allege and prove the ordinary elements of (1) sexual congress, (2) with a woman, (3) by force and without consent; and in order to warrant the imposition of the death penalty, the additional elements that (4) the victim is under eighteen years of age at the time of the rape, and (5) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim.[40] | |||||
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2012-03-07 |
VELASCO JR., J. |
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| The trial court correctly awarded PhP 75,000 as civil indemnity, but the amount of moral and exemplary damages awarded has to be modified consonant to current jurisprudence. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.[36] Moral damages are automatically granted in a rape case without need of further proof other than the fact of its commission, for it is assumed that a rape victim has actually suffered moral injuries entitling her to such an award.[37] According to prevailing jurisprudence, the amount of moral damages should be PhP 75,000.[38] Likewise, exemplary damages should have been PhP 30,000, and this is awarded in order to serve as public example and to protect the young from sexual abuse.[39] | |||||
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2011-03-16 |
PERALTA, J. |
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| Armando's defenses were also unavailing. His contention that it was unnatural and unrealistic for VVV to remain quiet when he pulled her from her companions and why she did not cry for help or run away when he was allegedly ravaging her deserves scant consideration. Clearly, the reason why VVV did not shout for help was because Armando told her not to shout or talk.[20] Likewise, the reason why VVV did not run when Armando was molesting her was because his finger was still inside her private part.[21] Moreover, Armando's argument that he could not have inserted his penis in the victim's organ while both of them were standing is preposterous. It is settled that sexual intercourse in a standing position, while perhaps uncomfortable, is not improbable.[22] | |||||
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2010-07-09 |
MENDOZA, J. |
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| With respect to the damages, the Court affirms the award of civil indemnity of P50,000.00 and the award of P50,000.00 as moral damages, for each count of rape, without need of pleading or proof of its basis following current jurisprudence.[38] Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape. Moral damages are automatically granted in a rape case without need of further proof other than the fact of its commission. For it is assumed that a rape victim actually suffered moral injuries entitling her to such an award.[39] | |||||