Lawyerly

You're currently signed in as:
User

PEOPLE v. BRION

This case has been cited 3 times or more.

	GR No. 200940 2015-07-22	PEOPLE v. MARTIN NERIO PERALTA, J.
Mental retardation has been defined as a chronic condition that exists at birth or early childhood and characterized by impaired intellectual functioning measured by standardized tests. Intellectual or mental disability is a term synonymous with and is now preferred over the older term, mental retardation.[12]
	GR No. 205230 2014-03-12	PEOPLE v. ERNESTO VENTURA REYES, J.
From the foregoing, all that needs to be proven are the facts of sexual congress between the rapist and his victim, and the latter's mental retardation.[26] This Court has repeatedly held that "mental retardation can be proven by evidence other than medical/clinical evidence, such as the testimony of witnesses and even the observation by the trial court."[27] The trial judge's assessment of the credibility of witnesses' testimonies is accorded great respect on appeal in the absence of grave abuse of discretion on its part, it having had the advantage of actually examining both real and testimonial evidence including the demeanor of the witnesses.[28] The rule finds an even more stringent application where the said findings are sustained by the appellate court.
	GR No. 196435 2014-01-29	PEOPLE v. JOEL CRISOSTOMO Y MALLIAR DEL CASTILLO, J.
As regards damages, the CA correctly awarded the amounts of P75,000.00 as civil indemnity and P30,000.00 as exemplary damages in Criminal Case No. 99-16237 (statutory rape). However, the award of moral damages must be increased to P75,000.00 in line with prevailing jurisprudence.[36] As regards Criminal Case No. 99-16235 and Criminal Case No. 99-16236 (rape by sexual assault), the CA likewise properly awarded the amounts of P30,000.00 as civil indemnity and P30,000.00 as moral damages, for each count. However, the award of exemplary damages for each count of rape by sexual assault must be increased to P30,000.00 in line with prevailing jurisprudence.[37] In addition, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of judgment until fully paid.