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PEOPLE v. RENANTE ROBLES Y BURGOS

This case has been cited 7 times or more.

	GR No. 140740 2002-04-12	PEOPLE v. JUANITO BALOLOY PER CURIAM
As to JUANITO's civil liability, prevailing judicial policy has authorized the mandatory award of P100,000[35] as civil indemnity ex delicto in cases of rape with homicide (broken down as follows: P50,000 for the death and P50,000 upon the finding of the fact of rape). Thus, if homicide is committed by reason or on occasion of rape, the indemnity in the amount of P100,000 is fully justified and properly commensurate with the seriousness of the said special complex crime. Moral damages in the amount of P50,000 may be additionally awarded to the heirs of the victim without the need for pleading or proof of the basis thereof; the fact that they suffered the trauma of mental, physical and psychological sufferings, which constitutes the basis for moral damages under the Civil Code, is too obvious to still require the recital thereof at the trial.[36]
	GR No. 133191-93 2000-07-11	PEOPLE v. WILFREDO ALARCON PER CURIAM
In the Brief for the Plaintiff-Appellee filed on 26 January 2000, the Office of the Solicitor General debunks the claims of TOMPONG and GUMAWA and urges us to affirm the challenged judgment, except as to the civil liabilities which, pursuant to our rulings in People vs. Victor,[14] People v. Robles,[15] and People v. Maglente,[16] should be modified: the civil indemnity in Criminal Case No. 5630 should be increased from P50,000 to P100,000, and in each of Criminal Case No. 5631 and Criminal Case No. 5632, civil indemnity of P75,000 and moral damages of P50,000 should be awarded but the exemplary damages should be vacated.
	GR No. 132154 2000-06-29	PEOPLE v. PACITO ORDOÑO Y NEGRANZA PER CURIAM
We have held that the indemnification of the victim shall be in the amount of P100,000.00 if the crime of rape is committed or effectively qualified by any of the circumstances under which the death penalty is authorized by the applicable amendatory laws.[41] In addition, this Court has likewise ruled that in crimes of rape the amount of P50,000.00 as moral damages must be awarded to the victim without need of proof nor even pleading the basis thereof.[42]
	GR No. 134505 2000-05-09	PEOPLE v. ALEJANDRO GO-OD NESTOR GO-OD GONZAGA-REYES, J.
As regards the civil liability, the amount of P50,000.00 for civil indemnity is upheld as it conforms with prevailing jurisprudence.[28] Actual damages cannot be awarded since the records show that the prosecution failed to substantiate the bare testimony of the widow, Paulino Ygot, with other corroborative evidence. The Court can only grant such amount for expenses if they are supported by receipts.[29] Moral damages in the amount of P30,000.00 awarded by the trial court is reasonable considering the pain[30] suffered by the victim's widow. Moral damages, which include mental anguish, serious anxiety and wounded feelings, may be recovered in criminal offenses resulting in the victim's death.[31] However, the award of exemplary damages should be deleted. Exemplary damage is awarded in criminal offenses when the crime was committed with one or more aggravating circumstances.[32] There is none in this case.
	GR No. 124299 2000-04-12	PEOPLE v. CESAR LACANIETA GONZAGA-REYES, J.
This Court is however constrained to disallow the amount of P 30,000.00 for the burial expenses incurred by Consorcia. We can only give credit for actual damages such as burial expenses if there are receipts that can support the claim.[41] The records in the case at bench do not substantiate the P 30,000.00 burial expenses sought by Consorcia, except for her lone assertion.
	GR No. 111285 2000-01-24	PEOPLE v. VICENTE VALLA QUISUMBING, J.
As to the amount of damages, however, the trial court erred in awarding P50,000.00 only as indemnity and P30,000.00 for actual and moral damages. Hence, correction is called for. This being a case of rape with homicide, civil indemnity in the amount of P100,000.00 should be awarded, pursuant to current jurisprudence.[24] Moral damages in the amount of P50,000.00 should also be awarded to the heirs of the victim, without need of further proof.[25] In view of the attendance of one aggravating circumstance, exemplary damages in the amount of P20,000.00 should likewise be awarded, pursuant to Article 2230 of the New Civil Code. But the award of actual damages cannot be allowed for lack of supporting evidence.