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GR No. 167333

2016-01-11

BERSAMIN, J.

Considering that the decisions of the lower courts contained no treatment of the actual damages, the Court is in no position to dwell on this. The lack of such treatment notwithstanding, the Court holds that temperate damages of P25,000.00 should be allowed to the heirs of the victim. Article 2224 of the Civil Code authorizes temperate damages to be recovered when some pecuniary loss has been suffered but its amount cannot be proved with certainty. There is no longer any doubt that when actual damages for burial and related expenses are not substantiated with receipts, temperate damages of at least P25,000.00 are warranted, for it is certainly unfair to deny to the surviving heirs of the victim the compensation for such expenses as actual damages.[19] This pronouncement proceeds from the sound reasoning that it would be anomalous that the heirs of the victim who tried and succeeded in proving actual damages of less than P25,000.00 would only be put in a worse situation than others who might have presented no receipts at all but would still be entitled to P25,000.00 as temperate damages.[20] In addition, in line with recent jurisprudence,[21] all the items of civil liability shall earn interest of 6% per annum, computed from the date of the finality of this judgment until the items are fully paid.

GR No. 171284

2015-06-29

PEOPLE v. ALFREDO DULIN Y NARAG

BERSAMIN, J.

In line with recent jurisprudence,[36] interest of 6% per annum shall be charged on all the items of the civil liability fixed and imposed herein, computed from the date of the finality of this decision until the items of the civil liability shall be fully paid.

GR No. 167454

2014-09-24

EMERITU C. BARUT v. PEOPLE

BERSAMIN, J.

Also, in line with recent jurisprudence,[20] the interest fixed by the RTC is reduced to six percent (6%) per annum on all the items of civil liability computed from the date of the finality of this judgment until fully paid.

GR No. 182794

2014-09-08

PEOPLE v. BOBBY BELGAR

BERSAMIN, J.

The Court imposes legal interest of 6% per annum on each of the civil liabilities, reckoned from the finality of this judgment until full payment.[39]

GR No. 195668

2014-06-25

PEOPLE v. MA. HARLETA VELASCO Y BRIONES

BERSAMIN, J.

Under Article 2211 of the Civil Code, interest as part of the damages may be adjudicated in criminal proceedings in the discretion of the court. The Court believes and holds that such liability for interest attached to Inovero as a measure of fairness to the complainants. Thus, Inovero should pay interest of 6% per annum on the sums paid by the complainants to be reckoned from the finality of this judgment until full payment.[27]

GR No. 192912

2014-06-04

PEOPLE v. DEMOCRITO PARAS

LEONARDO-DE CASTRO, J.

Anent the alleged failure of AAA to defend herself despite having many opportunities to do so, we are not persuaded. We reiterated in Sison v. People[22] that: [P]eople react differently under emotional stress. There is no standard form of behavior when one is confronted by a shocking incident, especially if the assailant is physically near. The workings of the human mind when placed under emotional stress are unpredictable. In a given situation, some may shout, others may faint, and still others may be frozen into silence. Consequently, the failure of complainant to run away or shout for help at the very first opportunity cannot be construed consent to the sexual intercourse. (Citations omitted.)

GR No. 187495

2014-04-21

PEOPLE v. EDGAR JUMAWAN

REYES, J.

Entrenched is the rule that in the prosecution of rape cases, the essential element that must be proved is the absence of the victim's consent to the sexual congress.[136] Under the law, consent is absent when: (a) it was wrestled from the victim by force, threat or intimidation, fraudulent machinations or grave abuse of authority; or (b) the victim is incapable of giving free and voluntary consent because he/she is deprived of reason or otherwise unconscious or that the offended party is under 12 years of age or is demented.

GR No. 202704

2014-04-02

PEOPLE v. JOEL ABAT Y COMETA

LEONARDO-DE CASTRO, J.

This Court affirms the awards of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages, as increased by the Court of Appeals.[34] Pursuant to prevailing jurisprudence,[35] the indemnity and damages awarded are further subject to interest at the rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.

GR No. 193666

2014-02-19

PEOPLE v. MARLON CASTILLO Y VALENCIA

LEONARDO-DE CASTRO, J.

[55] Sison v. People, G.R. No. 187229, February 22, 2012, 666 SCRA 645, 667.

GR No. 194612

2014-01-27

PEOPLE v. FLORO MANIGO Y MACALUA

DEL CASTILLO, J.

As to the award of damages, the Court sees a need for some modification in line with recent jurisprudence. Thus, "[c]onsidering that the penalty imposable is reclusion perpetua, the award of P75,000.00 by the CA as civil indemnity must be reduced to P50,000.00."[24] "The award of civil indemnity to the rape victim is mandatory upon the finding that rape took place."[25] Also the award of P75,000.00 as moral damages should be reduced to P50,000.00.[26] Moral damages are automatically granted to the rape victim without presentation of further proof other than the commission of the crime.[27] With respect to exemplary damages, we increase the same from P25,000.00 to P30,000.00 in line with prevailing jurisprudence.[28] Exemplary damages should be awarded by reason of the established presence of the qualifying circumstance of use of deadly weapon.[29]

GR No. 203068

2013-09-18

PEOPLE v. RYAN FRIAS Y GALANG

REYES, J.

Likewise, the Court sustains the award of moral damages and civil indemnity in favor of AAA. Moral damages in rape cases should be awarded without need of showing that the victim suffered trauma or mental, physical, and psychological sufferings constituting the basis thereof.[31] Also, the award of civil indemnity to the rape victim is mandatory upon the finding that rape took place.[32] Considering that the penalty imposable is reclusion perpetua, the Court affirms the award of P50,000.00 as moral damages and P50,000.00 as civil indemnity, based on prevailing jurisprudence.[33]

GR No. 200508

2013-09-04

PEOPLE v. CHRISTOPHER RIVERA Y ROYO

MENDOZA, J.

By invoking the "sweetheart defense," Rivera essentially admitted having carnal knowledge with AAA. The next query is whether or not she consented to the sexual act for the gravamen of the offense of rape, as the CA correctly stated, is sexual congress with a woman by force and without consent.[18]

GR No. 197363

2013-06-26

PEOPLE v. ROMAN ZAFRA Y SERRANO

LEONARDO-DE CASTRO, J.

While the Court affirms the award of civil indemnity and moral damages, each in the amount of P75,000.00, the Court increases the award of exemplary damages from P25,000.00 to P30,000.00, [49] and further subjects the indemnity and damages awarded to interest at the rate of six percent per annum from the date of finality of this judgment[50] until fully paid, in line with prevailing jurisprudence.

GR No. 200882

2013-06-13

PEOPLE v. ABEL DIAZ

LEONARDO-DE CASTRO, J.

In addition, interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of finality of this judgment until fully paid, pursuant to prevailing jurisprudence.[29]

GR No. 203041

2013-06-05

PEOPLE v. MOISES CAOILE

LEONARDO-DE CASTRO, J.

This Court finds the award of damages as modified by the Court of Appeals in order. Pursuant to prevailing jurisprudence,[34] however, interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of finality of this judgment until fully paid.

	GR No. 167333 2016-01-11	PEDRO LADINES v. PEOPLE BERSAMIN, J.
Considering that the decisions of the lower courts contained no treatment of the actual damages, the Court is in no position to dwell on this. The lack of such treatment notwithstanding, the Court holds that temperate damages of P25,000.00 should be allowed to the heirs of the victim. Article 2224 of the Civil Code authorizes temperate damages to be recovered when some pecuniary loss has been suffered but its amount cannot be proved with certainty. There is no longer any doubt that when actual damages for burial and related expenses are not substantiated with receipts, temperate damages of at least P25,000.00 are warranted, for it is certainly unfair to deny to the surviving heirs of the victim the compensation for such expenses as actual damages.[19] This pronouncement proceeds from the sound reasoning that it would be anomalous that the heirs of the victim who tried and succeeded in proving actual damages of less than P25,000.00 would only be put in a worse situation than others who might have presented no receipts at all but would still be entitled to P25,000.00 as temperate damages.[20] In addition, in line with recent jurisprudence,[21] all the items of civil liability shall earn interest of 6% per annum, computed from the date of the finality of this judgment until the items are fully paid.
	GR No. 171284 2015-06-29	PEOPLE v. ALFREDO DULIN Y NARAG BERSAMIN, J.
In line with recent jurisprudence,[36] interest of 6% per annum shall be charged on all the items of the civil liability fixed and imposed herein, computed from the date of the finality of this decision until the items of the civil liability shall be fully paid.
	GR No. 167454 2014-09-24	EMERITU C. BARUT v. PEOPLE BERSAMIN, J.
Also, in line with recent jurisprudence,[20] the interest fixed by the RTC is reduced to six percent (6%) per annum on all the items of civil liability computed from the date of the finality of this judgment until fully paid.
	GR No. 182794 2014-09-08	PEOPLE v. BOBBY BELGAR BERSAMIN, J.
The Court imposes legal interest of 6% per annum on each of the civil liabilities, reckoned from the finality of this judgment until full payment.[39]
	GR No. 195668 2014-06-25	PEOPLE v. MA. HARLETA VELASCO Y BRIONES BERSAMIN, J.
Under Article 2211 of the Civil Code, interest as part of the damages may be adjudicated in criminal proceedings in the discretion of the court. The Court believes and holds that such liability for interest attached to Inovero as a measure of fairness to the complainants. Thus, Inovero should pay interest of 6% per annum on the sums paid by the complainants to be reckoned from the finality of this judgment until full payment.[27]
	GR No. 192912 2014-06-04	PEOPLE v. DEMOCRITO PARAS LEONARDO-DE CASTRO, J.
Anent the alleged failure of AAA to defend herself despite having many opportunities to do so, we are not persuaded. We reiterated in Sison v. People[22] that: [P]eople react differently under emotional stress. There is no standard form of behavior when one is confronted by a shocking incident, especially if the assailant is physically near. The workings of the human mind when placed under emotional stress are unpredictable. In a given situation, some may shout, others may faint, and still others may be frozen into silence. Consequently, the failure of complainant to run away or shout for help at the very first opportunity cannot be construed consent to the sexual intercourse. (Citations omitted.)
	GR No. 187495 2014-04-21	PEOPLE v. EDGAR JUMAWAN REYES, J.
Entrenched is the rule that in the prosecution of rape cases, the essential element that must be proved is the absence of the victim's consent to the sexual congress.[136] Under the law, consent is absent when: (a) it was wrestled from the victim by force, threat or intimidation, fraudulent machinations or grave abuse of authority; or (b) the victim is incapable of giving free and voluntary consent because he/she is deprived of reason or otherwise unconscious or that the offended party is under 12 years of age or is demented.
	GR No. 202704 2014-04-02	PEOPLE v. JOEL ABAT Y COMETA LEONARDO-DE CASTRO, J.
This Court affirms the awards of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages, as increased by the Court of Appeals.[34] Pursuant to prevailing jurisprudence,[35] the indemnity and damages awarded are further subject to interest at the rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.
	GR No. 193666 2014-02-19	PEOPLE v. MARLON CASTILLO Y VALENCIA LEONARDO-DE CASTRO, J.
[55] Sison v. People, G.R. No. 187229, February 22, 2012, 666 SCRA 645, 667.
	GR No. 194612 2014-01-27	PEOPLE v. FLORO MANIGO Y MACALUA DEL CASTILLO, J.
As to the award of damages, the Court sees a need for some modification in line with recent jurisprudence. Thus, "[c]onsidering that the penalty imposable is reclusion perpetua, the award of P75,000.00 by the CA as civil indemnity must be reduced to P50,000.00."[24] "The award of civil indemnity to the rape victim is mandatory upon the finding that rape took place."[25] Also the award of P75,000.00 as moral damages should be reduced to P50,000.00.[26] Moral damages are automatically granted to the rape victim without presentation of further proof other than the commission of the crime.[27] With respect to exemplary damages, we increase the same from P25,000.00 to P30,000.00 in line with prevailing jurisprudence.[28] Exemplary damages should be awarded by reason of the established presence of the qualifying circumstance of use of deadly weapon.[29]
	GR No. 203068 2013-09-18	PEOPLE v. RYAN FRIAS Y GALANG REYES, J.
Likewise, the Court sustains the award of moral damages and civil indemnity in favor of AAA. Moral damages in rape cases should be awarded without need of showing that the victim suffered trauma or mental, physical, and psychological sufferings constituting the basis thereof.[31] Also, the award of civil indemnity to the rape victim is mandatory upon the finding that rape took place.[32] Considering that the penalty imposable is reclusion perpetua, the Court affirms the award of P50,000.00 as moral damages and P50,000.00 as civil indemnity, based on prevailing jurisprudence.[33]
	GR No. 200508 2013-09-04	PEOPLE v. CHRISTOPHER RIVERA Y ROYO MENDOZA, J.
By invoking the "sweetheart defense," Rivera essentially admitted having carnal knowledge with AAA. The next query is whether or not she consented to the sexual act for the gravamen of the offense of rape, as the CA correctly stated, is sexual congress with a woman by force and without consent.[18]
	GR No. 197363 2013-06-26	PEOPLE v. ROMAN ZAFRA Y SERRANO LEONARDO-DE CASTRO, J.
While the Court affirms the award of civil indemnity and moral damages, each in the amount of P75,000.00, the Court increases the award of exemplary damages from P25,000.00 to P30,000.00, [49] and further subjects the indemnity and damages awarded to interest at the rate of six percent per annum from the date of finality of this judgment[50] until fully paid, in line with prevailing jurisprudence.
	GR No. 200882 2013-06-13	PEOPLE v. ABEL DIAZ LEONARDO-DE CASTRO, J.
In addition, interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of finality of this judgment until fully paid, pursuant to prevailing jurisprudence.[29]
	GR No. 203041 2013-06-05	PEOPLE v. MOISES CAOILE LEONARDO-DE CASTRO, J.
This Court finds the award of damages as modified by the Court of Appeals in order. Pursuant to prevailing jurisprudence,[34] however, interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of finality of this judgment until fully paid.

ARNEL SISON Y ESCUADRO v. PEOPLE