Lawyerly

GR NO. 173787

2007-04-23

GARCIA, J.

With regard to the award of damages, prevailing jurisprudence dictates that where, as here, the rape is perpetrated with any of the qualifying/aggravating circumstances that require the imposition of the death penalty, the victim shall be awarded the following: P75,000.00 as civil indemnity ex delicto, which is mandatory upon the finding of the fact of rape;[28] P75,000.00 as moral damages, even without need of proof since it is assumed that the victim has suffered moral injuries;[29] and P25,000.00 as exemplary damages to curb this disturbing trend of incestuous rape and to set an example for the public good.[30]

GR No. 142899

2004-03-31

PEOPLE v. CESAR GLORIOSO LAGRONIO PADILLA

PER CURIAM

We have held that where, as here, the rape is perpetrated with any of the qualifying/aggravating circumstances that require the imposition of the death penalty, the victim shall be awarded the following: P75,000.00 as civil indemnity ex delicto - which is mandatory upon the finding of the fact of rape;[46] P75,000.00 as moral damages, even without need of proof since it is assumed that the victim has suffered moral injuries;[47] and P25,000.00 as exemplary damages to curb this disturbing trend of incestuous rape and to set as an example for the public good.[48]

GR No. 139823

2004-03-12

PEOPLE v. ROWEN SAMPAGA Y LIMENOQUEN

CALLEJO, SR., J.

Compensation for lost income is in the nature of damages, and requires adequate proof thereof. For loss of income due to death, there must be unbiased proof of the deceased's average income as well as proof of average expenses. The award for lost income refers to the net income of the deceased; that is, the total income less average expenses. No proof of the victim's average expenses were adduced in evidence; as such, there can be no reliable estimate of lost earnings.[14] Indeed, the award of the trial court was based merely on speculation and surmises.[15] Finally, the appellant is liable for exemplary damages in the amount of P25,000.00.[16]

GR Nos. 124388-90

2004-03-11

PEOPLE v. ARNOLD MALONES

CALLEJO, SR., J.

The appellant next argues that the actuations of the complainant were not typical of a rape victim. We disagree. Behavioral psychology teaches that people react to similar situations dissimilarly.[71] Their reactions to harrowing incidents may not be uniform. Aileen's conduct of going to the dance party should not be taken against her. It should be borne in mind, in this connection, that the victim was only a naive eleven-year-old child when the crimes were committed on her. She was too young to totally comprehend the consequences of the dastardly acts inflicted on her by the appellant. Rape victims, especially child victims, should not be expected to act the way mature individuals would when placed in such a situation. It is not proper to judge the actions of children who have undergone traumatic experience by the norms of behavior expected from adults under similar circumstances. The range of emotions shown by rape victims is yet to be captured even by calculus. It is, thus, unrealistic to expect uniform reactions from rape victims.[72] Indeed, we have not laid down any rule on how a rape victim should behave immediately after she has been abused. This experience is relative and may be dealt with in any way by the victim depending on the circumstances, but her credibility should not be tainted with any modicum of doubt. Different people act differently to a given stimulus or type of situation, and there is no standard form of behavioral response when one is confronted with a strange or startling or frightful experience.[73]

GR No. 139351

2004-02-23

PEOPLE v. WARLITO TOLENTINO Y LAQUIN

QUISUMBING, J.

The appellant has not debunked the examining physician's finding of penile penetration as shown by the lacerations on the private complainant's genitalia. Lacerations, whether fresh or healed, are the best physical evidence of forcible defloration.[70] Under the circumstances of this case, we hold that the essential requisites of statutory rape defined in Article 335, Paragraph 3[71] of the Revised Penal Code, as amended by Section 11 of Rep. Act No. 7659,[72] which was in force at the time of the rape, have been sufficiently established. That Mylene was only seven years old is clear from her authentic birth certificate[73] and the corroborating testimony of her mother.[74] Both establish that she was born on May 23, 1988.

GR No. 144598

2004-02-06

PEOPLE v. RANIL DUETES

CARPIO MORALES, J.

Exemplary damages must, however, be awarded in accordance with Article 2230 of the Civil Code, at least one aggravating circumstance -treachery - which, in this case, qualifies the offense, being present.[43]

GR Nos. 122114-17

2004-01-20

PEOPLE v. EDUARDO LIMOS Y DE VERA

SANDOVAL-GUTIERREZ, J.

In People vs. Joel Ayuda,[33] we held: "Where no aggravating circumstance is alleged in the information and proven during the trial, the crime of rape through the use of a deadly weapon may be penalized only with reclusion perpetua, not death." Here, the prosecution failed to allege in the Informations and prove during the trial any aggravating or mitigating circumstance. The use of a deadly weapon was alleged in the Informations merely as a qualifying circumstance. Hence, pursuant to Article 63 (2) of the Revised Penal Code, the lesser penalty of reclusion perpetua should be imposed upon appellant for each of the four (4) counts of rape.[34]

GR Nos. 121213 and 121216-23

2004-01-13

PEOPLE v. BUTCHOY DE LA TORRE

TINGA, J,

In accordance with jurisprudential law, the complainant in a rape case is entitled to civil indemnity, which is actually in the nature of actual or compensatory damages, in the amount of P50,000.00, as well as moral damages in the amount of P50,000.00. Civil indemnity[42] and moral damages[43] are automatically granted once the fact of rape has been established. Exemplary damages are awarded under Article 2230 of the Civil Code if there is an aggravating circumstance, whether ordinary or qualifying. Since the commission of the rape was attended by the qualifying circumstance of use of a deadly weapon, exemplary damages of P25,000.00 should also be given to the complainant.[44]

GR No. 140618

2003-12-10

PEOPLE v. BERNARDO SARA

CARPIO MORALES, J.

Finally, in accordance with Article 2230 of the Civil Code, the qualifying circumstance of treachery being present, exemplary damages in the amount of P25,000.00 must be awarded.[93] It is on account of the award of exemplary damages that the award of award attorney's fees in the amount of P5,000.00 is affirmed. [94]

GR Nos. 136742-43

2003-09-30

PEOPLE v. DANILO ALFARO Y YALUNG

PER CURIAM

We likewise award the victim moral damages in the amount of P75,000.00 in each case, without need of pleading or proof of basis thereof.[43] This is so because the anguish and the pain she has to endure are evident.[44] In addition, the victim should be awarded P25,000.00 as exemplary damages for each count of rape to deter other fathers with perverse tendencies or aberrant sexual behavior from sexually abusing their daughters.[45]

GR No. 141217

2003-09-26

PEOPLE v. EUSEBIO DUBAN Y DOMINGO

CARPIO MORALES, J.

Exemplary damages must be awarded too in accordance with Article 2230 of the Civil Code, the qualifying circumstance of treachery being present.[33]

GR No. 135559

2003-09-18

PEOPLE v. MORENO OCUMEN Y MENDOZA

PER CURIAM

The award of moral damages should be increased to P75,000.00 considering that appellant is guilty of qualified rape.[31] Also, we have to increase the exemplary damages to P25,000.00 to deter other individuals with perverse tendencies and aberrant sexual behavior.[32]

GR No. 135563

2003-09-18

PEOPLE v. BOBBY SANCHEZ Y PAGUIA

PER CURIAM

Based on prevailing jurisprudence, the award of indemnity ex delicto, where the penalty imposed is reclusion perpetua, should be in the amount of P50,000.00[37] while the award for moral damages should be in the amount of P50,000.00.[38] Moral damages are awarded in rape cases without need of showing that the victim suffered from mental, physical, and psychological trauma as these are too obvious to require recital by the victim during the trial.[39] Moreover, exemplary damages in the amount of P25,000.00 should be awarded to the victim due to the presence of the qualifying circumstance of the use of a deadly weapon[40] and to deter the commission by others of similar dastardly act.[41]

GR No. 149893

2003-04-02

PEOPLE v. MELCHOR RABAGO

PER CURIAM

The complainant's testimony is, moreover, supported by the medical examination on the complainant conducted by a medico-legal officer ten days after the incident. The medical report showed healed lacerations in the complainant's hymen.[30] Laceration, whether healed or fresh, is the best physical evidence of forcible defloration.[31] It is settled that when the victim's claim of rape is corroborated by the physical findings of penetration, there exists sufficient basis for concluding that sexual intercourse did take place.[32]

	GR NO. 173787 2007-04-23	PEOPLE v. MARIO GUILLERMO Y ESTEBAN GARCIA, J.
With regard to the award of damages, prevailing jurisprudence dictates that where, as here, the rape is perpetrated with any of the qualifying/aggravating circumstances that require the imposition of the death penalty, the victim shall be awarded the following: P75,000.00 as civil indemnity ex delicto, which is mandatory upon the finding of the fact of rape;[28] P75,000.00 as moral damages, even without need of proof since it is assumed that the victim has suffered moral injuries;[29] and P25,000.00 as exemplary damages to curb this disturbing trend of incestuous rape and to set an example for the public good.[30]
	GR No. 142899 2004-03-31	PEOPLE v. CESAR GLORIOSO LAGRONIO PADILLA PER CURIAM
We have held that where, as here, the rape is perpetrated with any of the qualifying/aggravating circumstances that require the imposition of the death penalty, the victim shall be awarded the following: P75,000.00 as civil indemnity ex delicto - which is mandatory upon the finding of the fact of rape;[46] P75,000.00 as moral damages, even without need of proof since it is assumed that the victim has suffered moral injuries;[47] and P25,000.00 as exemplary damages to curb this disturbing trend of incestuous rape and to set as an example for the public good.[48]
	GR No. 139823 2004-03-12	PEOPLE v. ROWEN SAMPAGA Y LIMENOQUEN CALLEJO, SR., J.
Compensation for lost income is in the nature of damages, and requires adequate proof thereof. For loss of income due to death, there must be unbiased proof of the deceased's average income as well as proof of average expenses. The award for lost income refers to the net income of the deceased; that is, the total income less average expenses. No proof of the victim's average expenses were adduced in evidence; as such, there can be no reliable estimate of lost earnings.[14] Indeed, the award of the trial court was based merely on speculation and surmises.[15] Finally, the appellant is liable for exemplary damages in the amount of P25,000.00.[16]
	GR Nos. 124388-90 2004-03-11	PEOPLE v. ARNOLD MALONES CALLEJO, SR., J.
The appellant next argues that the actuations of the complainant were not typical of a rape victim. We disagree. Behavioral psychology teaches that people react to similar situations dissimilarly.[71] Their reactions to harrowing incidents may not be uniform. Aileen's conduct of going to the dance party should not be taken against her. It should be borne in mind, in this connection, that the victim was only a naive eleven-year-old child when the crimes were committed on her. She was too young to totally comprehend the consequences of the dastardly acts inflicted on her by the appellant. Rape victims, especially child victims, should not be expected to act the way mature individuals would when placed in such a situation. It is not proper to judge the actions of children who have undergone traumatic experience by the norms of behavior expected from adults under similar circumstances. The range of emotions shown by rape victims is yet to be captured even by calculus. It is, thus, unrealistic to expect uniform reactions from rape victims.[72] Indeed, we have not laid down any rule on how a rape victim should behave immediately after she has been abused. This experience is relative and may be dealt with in any way by the victim depending on the circumstances, but her credibility should not be tainted with any modicum of doubt. Different people act differently to a given stimulus or type of situation, and there is no standard form of behavioral response when one is confronted with a strange or startling or frightful experience.[73]
	GR No. 139351 2004-02-23	PEOPLE v. WARLITO TOLENTINO Y LAQUIN QUISUMBING, J.
The appellant has not debunked the examining physician's finding of penile penetration as shown by the lacerations on the private complainant's genitalia. Lacerations, whether fresh or healed, are the best physical evidence of forcible defloration.[70] Under the circumstances of this case, we hold that the essential requisites of statutory rape defined in Article 335, Paragraph 3[71] of the Revised Penal Code, as amended by Section 11 of Rep. Act No. 7659,[72] which was in force at the time of the rape, have been sufficiently established. That Mylene was only seven years old is clear from her authentic birth certificate[73] and the corroborating testimony of her mother.[74] Both establish that she was born on May 23, 1988.
	GR No. 144598 2004-02-06	PEOPLE v. RANIL DUETES CARPIO MORALES, J.
Exemplary damages must, however, be awarded in accordance with Article 2230 of the Civil Code, at least one aggravating circumstance -treachery - which, in this case, qualifies the offense, being present.[43]
	GR Nos. 122114-17 2004-01-20	PEOPLE v. EDUARDO LIMOS Y DE VERA SANDOVAL-GUTIERREZ, J.
In People vs. Joel Ayuda,[33] we held: "Where no aggravating circumstance is alleged in the information and proven during the trial, the crime of rape through the use of a deadly weapon may be penalized only with reclusion perpetua, not death." Here, the prosecution failed to allege in the Informations and prove during the trial any aggravating or mitigating circumstance. The use of a deadly weapon was alleged in the Informations merely as a qualifying circumstance. Hence, pursuant to Article 63 (2) of the Revised Penal Code, the lesser penalty of reclusion perpetua should be imposed upon appellant for each of the four (4) counts of rape.[34]
	GR Nos. 121213 and 121216-23 2004-01-13	PEOPLE v. BUTCHOY DE LA TORRE TINGA, J,
In accordance with jurisprudential law, the complainant in a rape case is entitled to civil indemnity, which is actually in the nature of actual or compensatory damages, in the amount of P50,000.00, as well as moral damages in the amount of P50,000.00. Civil indemnity[42] and moral damages[43] are automatically granted once the fact of rape has been established. Exemplary damages are awarded under Article 2230 of the Civil Code if there is an aggravating circumstance, whether ordinary or qualifying. Since the commission of the rape was attended by the qualifying circumstance of use of a deadly weapon, exemplary damages of P25,000.00 should also be given to the complainant.[44]
	GR No. 140618 2003-12-10	PEOPLE v. BERNARDO SARA CARPIO MORALES, J.
Finally, in accordance with Article 2230 of the Civil Code, the qualifying circumstance of treachery being present, exemplary damages in the amount of P25,000.00 must be awarded.[93] It is on account of the award of exemplary damages that the award of award attorney's fees in the amount of P5,000.00 is affirmed. [94]
	GR Nos. 136742-43 2003-09-30	PEOPLE v. DANILO ALFARO Y YALUNG PER CURIAM
We likewise award the victim moral damages in the amount of P75,000.00 in each case, without need of pleading or proof of basis thereof.[43] This is so because the anguish and the pain she has to endure are evident.[44] In addition, the victim should be awarded P25,000.00 as exemplary damages for each count of rape to deter other fathers with perverse tendencies or aberrant sexual behavior from sexually abusing their daughters.[45]
	GR No. 141217 2003-09-26	PEOPLE v. EUSEBIO DUBAN Y DOMINGO CARPIO MORALES, J.
Exemplary damages must be awarded too in accordance with Article 2230 of the Civil Code, the qualifying circumstance of treachery being present.[33]
	GR No. 135559 2003-09-18	PEOPLE v. MORENO OCUMEN Y MENDOZA PER CURIAM
The award of moral damages should be increased to P75,000.00 considering that appellant is guilty of qualified rape.[31] Also, we have to increase the exemplary damages to P25,000.00 to deter other individuals with perverse tendencies and aberrant sexual behavior.[32]
	GR No. 135563 2003-09-18	PEOPLE v. BOBBY SANCHEZ Y PAGUIA PER CURIAM
Based on prevailing jurisprudence, the award of indemnity ex delicto, where the penalty imposed is reclusion perpetua, should be in the amount of P50,000.00[37] while the award for moral damages should be in the amount of P50,000.00.[38] Moral damages are awarded in rape cases without need of showing that the victim suffered from mental, physical, and psychological trauma as these are too obvious to require recital by the victim during the trial.[39] Moreover, exemplary damages in the amount of P25,000.00 should be awarded to the victim due to the presence of the qualifying circumstance of the use of a deadly weapon[40] and to deter the commission by others of similar dastardly act.[41]
	GR No. 149893 2003-04-02	PEOPLE v. MELCHOR RABAGO PER CURIAM
The complainant's testimony is, moreover, supported by the medical examination on the complainant conducted by a medico-legal officer ten days after the incident. The medical report showed healed lacerations in the complainant's hymen.[30] Laceration, whether healed or fresh, is the best physical evidence of forcible defloration.[31] It is settled that when the victim's claim of rape is corroborated by the physical findings of penetration, there exists sufficient basis for concluding that sexual intercourse did take place.[32]

PEOPLE v. SILVERIO MONTEMAYOR