This case has been cited 2 times or more.
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2014-01-27 |
DEL CASTILLO, J. |
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| 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] | |||||
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2013-11-27 |
LEONARDO-DE CASTRO, J. |
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| The award of P50,000.00 as civil indemnity and another P50,000.00 as moral damages is upheld. However, in line with jurisprudence, the exemplary damages by reason of the established presence of the aggravating circumstance of use of a deadly weapon is increased from P25,000.00 to P30,000.00.[22] Moreover, interest at the rate of 6% per annum shall be imposed on all damages awarded from the date of the finality of this judgment until fully paid.[23] | |||||