This case has been cited 1 times or more.
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2014-01-27 |
DEL CASTILLO, J. |
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| As to the award of damages, the Court sees a need for some modification in line with recent jurisprudence. Thus, "[c]onsidering that the penalty imposable is reclusion perpetua, the award of P75,000.00 by the CA as civil indemnity must be reduced to P50,000.00."[24] "The award of civil indemnity to the rape victim is mandatory upon the finding that rape took place."[25] Also the award of P75,000.00 as moral damages should be reduced to P50,000.00.[26] Moral damages are automatically granted to the rape victim without presentation of further proof other than the commission of the crime.[27] With respect to exemplary damages, we increase the same from P25,000.00 to P30,000.00 in line with prevailing jurisprudence.[28] Exemplary damages should be awarded by reason of the established presence of the qualifying circumstance of use of deadly weapon.[29] | |||||