CASE 2016-0029: PEOPLE VS. JIMMY ULANDAY (G.R. 216010, 20 APRIL 2016, PERES J.) (SUBJECT/S: RAPE; REQUISITE ELEMENTS; CIVIL INDEMNITIES; HOW MUCH CIVIL INDEMNITY, MORAL DAMAGES AND EXEMPLARY DAMAGES BE AWARDED BASED ON RECENT JURISPRUDENCE)

 

DISPOSITIVE:

 

“WHEREFORE, the Court AFFIRMS with MODIFICATION the May 23, 2014 Court of Appeals Decision in CA-G.R. CR-HC No. 05692. Appellant JIMMY ULANDAY @ “SAROY” is found GUILTY beyond reasonable doubt of the crime of Rape, and sentenced to suffer the penalty of reclusion perpetua. He is ordered to pay the victim XYZ the following: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; ( c) P75,000.00 as exemplary damages; and (d) interest of six percent (6%) per annum on all damages awarded from the date of finality of this judgment until fully paid.

 

 SO ORDERED.”


SUBJECTS/DOCTRINES/DIGEST:

 

WHAT ARE THE REQUISITE ELEMENTS OF THE CRIME OF RAPE?

 

TO BE CONVICTED OF RAPE UNDER ARTICLE 266-A PARAGRAPH 1 OF THE REVISED PENAL CODE, THE REQUISITE ELEMENTS ARE:

 

( 1) THAT THE OFFENDER HAD CARNAL KNOWLEDGE OF A WOMAN; AND

 

(2) THAT HE ACCOMPLISHED THIS ACT THROUGH FORCE, THREAT, OR INTIMIDATION; WHEN SHE WAS DEPRIVED OF REASON OR OTHERWISE UNCONSCIOUS; BY MEANS OF FRAUDULENT MACHINATION OR GRAVE ABUSE OF AUTHORITY; OR WHEN SHE WAS UNDER TWELVE (12) YEARS OF AGE OR WAS DEMENTED.

 

MUST THE COURT AWARD PECUNIARY LIABILITIES IN A RAPE CASE?

 

YES. IT IS MANDATORY.

 

HOW MUCH DAMAGES BE IMPOSED?

 

THE RECENT CASE OF PEOPLE V. JUGUETA43S INCREASED THE AMOUNTS OF CIVIL INDEMNITY, MORAL DAMAGES AND EXEMPLARY DAMAGES TO P75,000.00, P75,000.00 AND P75,000.00, RESPECTIVELY.

 

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2016-0029-ULANDAY

 

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