This case has been cited 5 times or more.
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2001-04-03 |
BELLOSILLO, J. |
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| Civil indemnity of P50,000.00 is automatically given to the offended party without need of further evidence other than the fact of the commission of rape which we award for each count.[30] The requirement of proof of mental and physical suffering has been dispensed with and this Court recognizes the victim's injury as being inherently concomitant with and necessarily resulting from the odious crime of rape to warrant per se an award for moral damages,[31] and we consider P50,000.00 adequate and proper for each count. An award for exemplary damages is also proper to deter other fathers with similar perverse tendencies or aberrant sexual behavior from sexually abusing their own daughters,[32] which we however reduce to P25,000.00 for each count. | |||||
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2000-10-24 |
YNARES-SANTIAGO, J. |
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| credence to the testimony of a young girl who claims to be a victim of sexual assault, because ordinarily, no girl or woman of decent repute would undergo the humiliation of a public trial and testify on the details of her ordeal, unless motivated by a desire to have the offender apprehended and punished.[13] In this case, other than the accused-appellant's allegation of "conspiracy" by the victims' mothers and other relatives, no such motive has been shown as to why Rosalie and Rosanna would accuse him of the heinous crime of rape. Coming now to the award of damages, the trial court's award of P40,000.00 in moral damages should be increased to P50,000.00 in line with recent jurisprudence.[14] In addition to moral damages, civil indemnity should also be awarded to the victims. Under prevailing jurisprudence, civil indemnity of P50,000.00 is automatically awarded to the offended party without need of further evidence other than the fact of the commission of rape.[15] Finally, pursuant to Article 2230 of the Civil Code, the presence of one aggravating circumstance justifies the award of exemplary damages. Accused-appellant should thus pay Rosalie P25,000.00 as exemplary damages since the aggravating circumstance of dwelling was duly proven, the evidence having established that he entered the residence of Rosalie and there perpetuated the sexual attack.[16] WHEREFORE, the Decision of the Regional Trial Court of Romblon, Romblon, Branch 81, in Criminal Cases Nos. 1822 and 1825 dated November 20, 1995, convicting accused-appellant of rape and sentencing him to suffer the penalty of reclusion perpetua, with all its | |||||
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2000-08-29 |
PURISIMA, J. |
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| damages, the same should be increased to P50,000.00 and P25,000.00, respectively, in line with prevailing jurisprudence.[33] WHEREFORE, the decision of Branch 33, Regional Trial Court, Bauang, La Union, finding appellant Renato Puzon y Juquiana guilty of rape under paragraph one (1) of Article 335 of the Revised Penal Code and sentencing him to suffer the penalty of Reclusion Perpetua, is AFFIRMED, | |||||
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2000-07-14 |
PUNO, J. |
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| Appellant tries to impute ill-motive on complainant alleging that she filed this rape charge against him because he often scolded and whipped her whenever she came home late. We are not persuaded. Parental punishment is not a good reason for a daughter to falsely charge her father with rape.[9] Even when consumed with revenge, it takes a certain amount of psychological depravity for a young woman to fabricate a story which would put her own father for the most of his remaining life in jail and drag herself and the rest of her family to a lifetime of shame.[10] | |||||