PEOPLE OF THE PHILIPPINES, vs. DOMNINO G. GREFIEL.
- G.R. Number: G.R. No. 77228
- Promulgated: 1992-11-13
- Ponente: Davide, Jr., J.
Doctrine
When force is an element of rape, it need not be irresistible; it need only be present and sufficient to consummate the offender's purpose.
Courts may increase moral and impose exemplary damages where the nature of the crime and the accused's conduct justify greater indemnity and public deterrence.
Facts
Accused appealed from the RTC Branch 3 (Guiuan) Decision in Criminal Case No. 801 finding him guilty of the complex crime of forcible abduction with rape and sentencing him to reclusion perpetua and damages.
Accused ultimately admitted committing forcible abduction but disputed that he committed rape, maintaining the sexual act was consensual and that the victim did not vehemently resist.
The victim was a married woman four months pregnant with her fifth child when abducted in the presence of her husband and children and suffered a miscarriage about a month later.
The Court increased moral damages and imposed exemplary damages while affirming the appealed decision as modified and ordering costs de oficio.
Issues
Whether the prosecution proved beyond reasonable doubt that the accused committed rape.
Ruling
The Court held that rape was proven and affirmed the appealed RTC decision as modified; moral damages were increased to P50,000.00 and exemplary damages of P25,000.00 were imposed on the accused; costs de oficio.
Keywords
G.R. No. 77228, complex crime of forcible abduction with rape, Reclusion Perpetua, indemnify the offended party, accessories of the law, coitus, anal intercourse, fellatio, miscarriage, Living Case Report, Hymenal opening originally linear in shape is with an old complete lacerations, physical virginity already lost, sworn statements, criminal complaint for forcible abduction with rape, preliminary examination, warrant for the arrest, Waiver of the second stage of the preliminary investigation, Information charging the accused-appellant with the crime of forcible abduction with rape, Amended Information, armed with a deadly weapon