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PEOPLE v. DANILO SIA Y BINGHAY

This case has been cited 11 times or more.

	GR No. 182526 2010-08-25	PEOPLE v. LEONARDO DEGAY Y UNDALOS PEREZ, J.
In line with recent jurisprudence, however, the awards of moral and exemplary damages are increased to P75,000.00 and P30,000.00, respectively.[23]
	GR No. 186228 2010-03-15	PEOPLE v. ANTONIO LAUGA Y PINA PEREZ, J.
Finally, in increasing the amount of civil indemnity and damages each from P50,000.00 to P75,000.00, the Court of Appeals correctly considered controlling jurisprudence to the effect that where, as here, the rape is committed with any of the qualifying/aggravating circumstances warranting the imposition of the death penalty, the victim is entitled to P75,000.00 as civil indemnity ex delicto[84] and P75,000.00 as moral damages.[85] However, the award of exemplary damages should have been increased from P25,000.00 to P30,000.00.[86] Also, the penalty of reclusion perpetua in lieu of death was correctly imposed considering that the imposition of the death penalty upon appellant would have been appropriate were it not for the enactment of Republic Act No. 9346, or An Act Prohibiting the Imposition of Death Penalty in the Philippines.[87] We further affirm the ruling of the Court of Appeals on appellant's non-eligibility for parole. Sec. 3 of Republic Act No. 9346 clearly provides that "persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua by reason of the law, shall not be eligible for parole."
	GR No. 187084 2009-10-12	PEOPLE v. CARLITO PABOL VELASCO JR., J.
Finally, we sustain the trial court's award of moral damages and civil indemnity, it being in accordance with recent jurisprudence. As a public example, however, to protect hapless individuals from molestation, we decree an award of exemplary damages in the amount of PhP 30,000 in line with People v. Sia.[20]
	GR No. 178199 2009-10-05	PEOPLE v. YOON CHANG WOOK VELASCO JR., J.
In the matter of damages, the Court hereby reduces the PhP 50,000 award as exemplary damages to PhP 30,000.[27] The reduction is in line with prevailing jurisprudence assessing exemplary damages at that level as proper deterrent to repugnant sexual behavior. Moreover, the award of PhP 9,000 and 500,000 Korean Won as medical expenses is unsubstantiated. There is nothing in the records to prove that private complainant incurred expenses in the amount aforestated for her medical examination or recovery. Unlike moral damages which may be imposed against the accused in rape cases even without allegation or proof of the emotional suffering or anguish of the victim, the award of actual damages is a different matter altogether. The trial court failed to justify the grant of medical expenses in its decision, this award appearing as it did only in the dispositive portion of its decision. Nowhere in the prosecution's offer of evidence or pleadings such amounts were claimed as medical expenses. Hence, said award should be deleted.
	GR No. 185203 2009-09-17	PEOPLE v. DOMINGO ARAOJO VELASCO JR., J.
The award of PhP 75,000 as civil indemnity ex delicto for the victim and the same amount as moral damages for each count of statutory rape and statutory rape committed with the use of deadly weapon is in line with prevailing case law[25] and is accordingly affirmed. The order for Araojo to pay AAA PhP 50,000 as civil indemnity and PhP 50,000 as moral damages for the crime of simple rape subject of Criminal Case No. RTC 03-812 is also proper. And while the award of exemplary damages is also called for to deter other individuals with aberrant sexual tendencies, the amount thus fixed therefor by the CA is increased from PhP 25,000 to PhP 30,000 for each count of statutory rape, pursuant to current jurisprudence.[26]
	GR No. 175605 2009-08-28	PEOPLE v. ARNOLD GARCHITORENA Y CAMBA A.KA. JUNIOR LEONARDO-DE CASTRO, J.
Hence, we modify the award of civil indemnity by the trial court from P50,000.00 to P75,000.00. Civil indemnity is mandatory and granted to the heirs of the victim without need of proof other than the commission of the crime. Likewise the award of P50,000.00 for moral damages is modified and increased to P75,000.00, consistent with recent jurisprudence[31] on heinous crimes where the imposable penalty is death, it is reduced to reclusion perpetua pursuant to R.A. 9346. The award of moral damages does not require allegation and proof of the emotional suffering of the heirs, since the emotional wounds from the vicious killing of the victim cannot be denied.[32] The trial court's award of exemplary damages in the amount of P50,000.00 shall, however, be reduced to P30,000.00, also pursuant to the latest jurisprudence on the matter.[33]
	GR No. 182792 2009-08-25	PEOPLE v. PEPITO NEVERIO VELASCO JR., J.
As to the damages, we find that an award of exemplary damages in the amount of PhP 30,000 is warranted, following People v. Sia.[25] Exemplary damages are awarded when the crime is attended by an aggravating circumstance;[26] or as in this case, as a public example,[27] in order to protect hapless individuals from molestation.
	GR No. 185712 2009-08-04	PEOPLE v. LILIO U. ACHAS VELASCO JR., J.
On pecuniary liability, we affirm the amount of damages awarded by the appellate court. Civil indemnity for statutory rape is currently pegged at PhP 75,000, while moral damages, which are awarded without need of proof of mental suffering or anguish other than the fact of statutory rape, was properly awarded in the amount of PhP 75,000.[36] The award of exemplary damages in the amount of PhP 25,000 is increased to PhP 30,000 pursuant to prevailing jurisprudence.[37]
	GR No. 182454 2009-07-23	PEOPLE v. FELIX WASIT VELASCO JR., J.
As to Wasit's pecuniary liability, we increase the award of exemplary damages to PhP 30,000 in line without our holding in People v. Sia.[23] We affirm the award of the other damages in the amount set forth in the appealed decision.