This case has been cited 4 times or more.
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2003-04-30 |
AUSTRIA-MARTINEZ, J. |
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| Although damages to the heirs of the deceased victims are not alleged in the Information, it is a settled rule that damages may be awarded.[52] | |||||
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2002-02-28 |
PER CURIAM |
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| The trial court, therefore, did not err in convicting accused-appellant of the complex crime of forcible abduction with rape. The two elements of forcible abduction, as defined in Article 342 of the Revised Penal Code, are: (1) the taking of a woman against her will and (2) with lewd designs. The crime of forcible abduction with rape is a complex crime that occurs when there is carnal knowledge with the abducted woman under the following circumstances: (1) by using force or intimidation; (2) when the woman is deprived of reason or otherwise unconscious; and (3) when the woman is under twelve years of age or is demented. [39] | |||||
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2001-01-24 |
PARDO, J. |
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| The question now is whether accused-appellant should be charged with homicide or murder. The trial court found that the killing was attended with cruelty, because the deceased was stoned, stabbed and beheaded. We agree. There is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act.[17] The test is whether accused-appellant deliberately and sadistically augmented the wrong by causing another wrong not necessary for its commission or inhumanly increased the victim's suffering or outraged or scoffed at his person or corpse.[18] In this case, evidence showed that the deceased was inflicted with numerous wounds before he was killed. Such acts increased the victim's suffering and caused unnecessary physical pain before his death. | |||||