This case has been cited 2 times or more.
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2004-02-23 |
QUISUMBING, J. |
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| However, we find that modification of the civil liability imposed is called for. The trial court awarded P200,000 in exemplary damages and no other to the victim. Jurisprudence dictates that, upon a finding of the fact of rape, the award of civil indemnity ex delicto in the amount of P50,000 becomes mandatory.[78] In addition, private complainant is entitled to an award of P50,000 in moral damages, without need of proof or pleading, for the mental, physical, and psychological suffering undeniably sustained by a rape victim.[79] On exemplary damages, the amount of P25,000 is awarded when the victim of the crime is a young girl so as to set a public example against elders abusing and corrupting the youth.[80] | |||||
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2004-02-11 |
CARPIO, J. |
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| Since we are reducing the penalty to reclusion perpetua, the damages awarded by the trial court to Mysan should be modified accordingly. The award of P50,000 civil indemnity is in accordance with current jurisprudence involving simple rape.[36] | |||||