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PEOPLE v. ALVIN IGNACIO Y JOCON

This case has been cited 4 times or more.

	GR No. 136254 2000-12-04	PEOPLE v. REYNALDO DAGPIN Y PAUSAL BELLOSILLO, J.
The trial court correctly awarded moral damages of P50,000.00 to the victim even after dispensing with proof of mental and physical suffering. The Court recognizes her injury as being inherently concomitant with and necessarily resulting from the odious crime of rape to warrant per se an award for moral damages.[21] But the trial court should have also awarded civil indemnity to Ellen Caay as it is mandatory upon a conviction of rape. Such indemnity is distinct from moral damages and based on different jural foundations.[22] She is thus entitled to another P50,000.00 for civil indemnity.
	GR No. 130601 2000-12-04	PEOPLE v. RAFAEL DIOPITA Y GUZMAN BELLOSILLO, J.
However, in addition to the actual and moral damages awarded by the trial court in the amounts of P8,500.00 and P50,000.00, respectively, another amount of P50,000.00 should have also been awarded to the victim Dominga Pikit-pikit for civil indemnity, as it is mandatory upon a conviction of rape. Such indemnity is distinct from moral damages and based on different jural foundations.[29]
	GR No. 135405 2000-11-29	PEOPLE v. JHONNETTEL MAYORGA y LUMAGUE alias PUROY BELLOSILLO, J.
The evidence on record shows that other than the testimonies of the victim and her grandmother, no independent proof was presented to show that Leney was below seven (7) years of age when raped. As such, the lower court should have imposed the penalty of reclusion perpetua and not death. Further, inasmuch as the rape was not qualified by any of the circumstances under which the death penalty should be imposed, the civil indemnity to be awarded to complaining witness Leney Linayao should remain at P50,000.00. However, considering the trauma she suffered, we deem it proper to award her moral damages of P50,000.00 although no proof of such entitlement was presented, which is not necessary after all. In one case[18] this Court held -
	GR No. 133857 2000-03-31	PEOPLE v. JOEY AMIGABLE BELLOSILLO, J.
We also find the award of civil indemnity in the amount of P50,000.00 consistent with prevailing decisions of this Court,[8] hence, we affirm. In accordance further with recent jurisprudence, which grants moral damages to rape victim without need for pleading or proof of the basis thereof, we are constrained to modify the ruling of the trial court by adding another P50,000.00 for moral damages.[9]