This case has been cited 1 times or more.
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2001-02-07 |
BELLOSILLO, J. |
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| The amount of P100,000.00 for exemplary damages is, however, excessive and unconscionable. While Art. 2216 of the Civil Code provides that no proof of pecuniary loss is necessary for the adjudication of exemplary damages, their assessment is left to the discretion of the court in accordance with the circumstances of each case. Article 2230 thereof further states that this is warranted in criminal cases when one (1) or more aggravating circumstances attended the commission of the crime. While the imposition of exemplary damages is justified in this case, we equitably reduce it to P25,000.00. In Inhelder Corporation v. Court of Appeals,[15] we laid down the rule that judicial discretion granted to the courts in the assessment of damages must always be exercised with balanced restraint and measured objectivity. Thus, we hold that the amount of P25,000.00 for exemplary damages is considered reasonable and sufficient to deter other parents from sexually abusing their own offsprings and/or indulging further in similar perversities. Moreover, this reduction is warranted upon the finding of this Court that accused-appellant can only be liable for simple rape and not qualified rape. | |||||