Lawyerly

You're currently signed in as:
User

PEOPLE v. PORFERIO MASAGCA

This case has been cited 3 times or more.

	GR No. 181473 2013-11-11	PEOPLE v. DONEY GADUYON Y TAPISPISAN DEL CASTILLO, J.
In line with prevailing jurisprudence, the award of damages to "AAA" in Criminal Case No. 6572 must be increased as follows: P75,000.00 as civil indemnity, P75,000.00 as moral damages and P30,000.00 as exemplary damages.[84] She is further awarded civil indemnity of P20,000.00, moral damages and a fine at P15,000.00 each in Criminal Case No. 6573.[85] In Criminal Case No. 6574, the awards of civil indemnity and moral damages at P30,000.00 each are maintained but the award of exemplary damages is increased to P30,000.00.[86] "AAA" is also entitled to an interest on all the amounts of damages awarded at the legal rate of 6% per annum from the date of finality of this judgment until fully paid.[87]
	GR No. 183563 2011-12-14	PEOPLE v. HENRY ARPON Y JUNTILLA LEONARDO-DE CASTRO, J.
The Court recently ruled in People v. Masagca, Jr.[78] that "[c]ivil indemnity is mandatory when rape is found to have been committed. Based on prevailing jurisprudence, we affirm the award of P75,000.00 to the rape victim as civil indemnity for each count." We also explained in Sarcia that "[t]he litmus test x x x in the determination of the civil indemnity is the heinous character of the crime committed, which would have warranted the imposition of the death penalty, regardless of whether the penalty actually imposed is reduced to reclusion perpetua."[79] The trial court's award of civil indemnity of P50,000.00 for each count of rape is therefore increased to P75,000.00 for each of the three (3) counts of rape committed in the instant case.
	GR No. 191265 2011-09-14	PEOPLE v. MARCELO PEREZ PEREZ, J.
Under Article 266-B of the Revised Penal Code, rape under paragraph 1 of Article 266-A is punishable by reclusion perpetua. The trial court therefore correctly imposed the penalty. We likewise affirm the award of civil indemnity of P50,000.00 and moral damages amounting to P50,000.00. Civil indemnity is mandatory when rape is found to have been committed while moral damages are awarded to rape victims without need of proof other than the fact of rape on the assumption that the victim suffered moral injuries from the experience she underwent.[26] An additional award of P30,000.00 as exemplary damages should likewise be given, as well as interest of six percent (6%) per annum on all damages awarded from the finality of judgment until fully paid.[27]