This case has been cited 4 times or more.
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2013-12-11 |
LEONARDO-DE CASTRO, J. |
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| In line with prevailing jurisprudence, the Court increases the award of exemplary damages from P25,000.00 to P30,000.00 to AAA (rape);[74] and awards P20,000.00 as civil indemnity, P30,000.00 as moral damages, and P10,000.00 as exemplary damages to BBB (acts of lasciviousness).[75] | |||||
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2012-11-14 |
DEL CASTILLO, J. |
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| ASSUMING ARGUENDO THAT THE ACCUSED IS GUILTY OF THE CRIME CHARGED, THE TRIAL COURT GRAVELY ERRED IN IMPOSING THE DEATH PENALTY UPON HIM.[13] | |||||
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2010-11-24 |
LEONARDO-DE CASTRO, J. |
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| The award by the Court of Appeals of moral damages to AAA in the amount of Thirty Thousand Pesos (P30,000.00), for each count of acts of lasciviousness, is appropriate, in the same way that moral damages are awarded to victims of rape even without need of proof because of the presumption that the victim has suffered moral injury, rests on settled jurisprudence.[52] We also deem that AAA is further entitled to an award of civil indemnity in the amount of Twenty Thousand Pesos (P20,000.00), for each count of acts of lasciviousness.[53] The amount of exemplary damages should also be increased from the Twenty-Five Thousand Pesos (P25,000.00) awarded by the Court of Appeals, to Thirty Thousand Pesos (P30,000.00), for each count of acts of lasciviousness, considering the presence of the aggravating circumstance of relationship in the commission of the crime. Exemplary damages should be awarded "in order to deter fathers with perverse tendencies and aberrant sexual behavior from preying upon their young daughters."[54] | |||||
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2010-07-28 |
LEONARDO-DE CASTRO, J. |
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| The imposable penalty for the crime of acts of lasciviousness under Article 336 of the Revised Penal Code, as amended, is prision correccional in its full range. Applying the Indeterminate Sentence Law, the minimum of the indeterminate penalty shall be taken from the full range of arresto mayor which has a range of one (1) month and one (1) day to six (6) months. Absent any modifying circumstance attendant to the crime, the maximum of the indeterminate penalty shall be taken from the medium period of prision correccional or two (2) years, four (4) months and one (1) day to four (4) years and two (2) months. Accordingly, Nelson is hereby meted an indeterminate penalty of six (6) months of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum. In addition, we award the amounts of P20,000.00 civil indemnity, P30,000.00 moral damages, and P2,000.00 exemplary damages to BBB in accordance with prevailing jurisprudence.[38] | |||||