This case has been cited 2 times or more.
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2010-12-14 |
ABAD, J. |
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| The Court sustains the award of P100,000.00 as civil indemnity, pursuant to current jurisprudence that in cases of rape with homicide, civil indemnity in the amount of P100,000.00 should be awarded to the heirs of the victim.[192] Civil indemnity is mandatory and granted to the heirs of the victims without need of proof other than the commission of the crime. For the deaths of Estrellita and Jennifer, the award of civil indemnity ex delicto to their heirs, was likewise in order, in the amount of P50,000.00 each.[193] Following People v. Dela Cruz,[194] P75,000.00 civil indemnity and P75,000 moral damages in rape cases are awarded only if they are classified as heinous.[195] As the rape-slay of Carmela took place in 1991, R.A. No. 7659 entitled "AN ACT TO IMPOSE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES," which was approved on December 13, 1993 and was to become effective fifteen (15) days after its publication in two national newspapers of general circulation, was not yet effective.[196] | |||||
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2010-11-23 |
MENDOZA, J. |
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| Regarding the award of damages in these two cases, the Court affirms the award of P75,000.00 representing civil indemnity ex delicto. As explained in People v. Lopez,[58] "if the rape is perpetrated with any of the attending qualifying circumstances that require the imposition of the death penalty, the civil indemnity for the victim shall be P75,000.00." In the same vein, the award of moral damages should be increased from P50,000.00 to P75,000.00 because the cases remain to be heinous.[59] | |||||