This case has been cited 6 times or more.
2011-11-28 |
BRION, J. |
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Finally, considering the intellectual disability of the private complainant in this case, we award P30,000.00 as exemplary damages. Exemplary damages are imposed as a public example in order "to protect hapless individuals from [sexual] molestation."[28] | |||||
2011-08-31 |
PERALTA, J. |
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The award of exemplary damages in the amount of PhP30,000.00 should also be imposed. Exemplary damages are awarded when the crime is attended by an aggravating circumstance, or as a public example, in order to protect hapless individuals from molestation.[57] Furthermore, interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of finality of this judgment, pursuant to prevailing jurisprudence.[58] | |||||
2010-07-09 |
MENDOZA, J. |
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The award of exemplary damages is likewise proper. As held in People v. Dalisay,[40] "being corrective in nature, exemplary damages, therefore, can be awarded, not only in the presence of an aggravating circumstance, but also where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender." In much the same way as Article 2230 of the Civil Code prescribes an instance when exemplary damages may be awarded, Article 2229, the main provision, lays down the very basis of the award. Thus, in People v. Matrimonio,[41] the Court imposed exemplary damages to deter other fathers with perverse tendencies or aberrant sexual behavior from sexually abusing their own daughters. Also, in People v. Cristobal,[42] the Court awarded exemplary damages on account of the moral corruption, perversity and wickedness of the accused in sexually assaulting a pregnant married woman. Recently, in People v. Cristino Cañada,[43] People v. Pepito Neverio[44] and People v. Lorenzo Layco, Sr.,[45] the Court awarded exemplary damages to set a public example, to serve as deterrent to elders who abuse and corrupt the youth, and to protect the latter from sexual abuse. It must be noted that, in the said cases, the Court used as basis Article 2229, rather than Article 2230, to justify the award of exemplary damages. Indeed, the deplorable act of the accused in defiling his daughter must not go unpunished. | |||||
2010-03-29 |
PEREZ, J. |
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Being corrective in nature, exemplary damages, therefore, can be awarded, not only in the presence of an aggravating circumstance, but also where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender. (Emphasis supplied.) In much the same way as Article 2230 prescribes an instance when exemplary damages may be awarded, Article 2229, the main provision, lays down the very basis of the award. xxx Recently, in People of the Philippines v. Cristino Cañada,[63] People of the Philippines v. Pepito Neverio[64] and The People of the Philippines v. Lorenzo Layco, Sr.,[65] the Court awarded exemplary damages to set a public example, to serve as deterrent to elders who abuse and corrupt the youth, and to protect the latter from sexual abuse. (Emphasis supplied) | |||||
2010-01-06 |
LEONARDO-DE CASTRO, J. |
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This Court, however, modifies the award of civil indemnity and damages in favor of AAA. In line with recent case laws, the compensation to be awarded in favor of the private offended party in cases of statutory rape or simple rape committed with the use of a deadly weapon should be in the amounts of P75,000.00 as civil indemnity and another P75,000.00 as moral damages.[29] Exemplary or corrective damages are imposed by way of example or correction for the public good and when the crime was committed with one or more aggravating circumstances.[30] According to current jurisprudence, exemplary damages should be awarded in favor of the private offended party in the amount of P30,000.00 in statutory or simple rape cases.[31] In the present case, the award of P75,000.00 as civil indemnity and another P75,000.00 as moral damages in favor of AAA is appropriate. The award of P30,000.00 as exemplary damages should also be imposed as a public example in order "to protect hapless individuals from [sexual] molestation"[32] and because of the presence of the aggravating circumstance of the commission of the crime in the dwelling[33] of AAA. | |||||
2009-11-25 |
NACHURA, J. |
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Being corrective in nature, exemplary damages, therefore, can be awarded, not only in the presence of an aggravating circumstance, but also where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender. In much the same way as Article 2230 prescribes an instance when exemplary damages may be awarded, Article 2229, the main provision, lays down the very basis of the award. Thus, in People v. Matrimonio,[45] the Court imposed exemplary damages to deter other fathers with perverse tendencies or aberrant sexual behavior from sexually abusing their own daughters. Also, in People v. Cristobal,[46] the Court awarded exemplary damages on account of the moral corruption, perversity and wickedness of the accused in sexually assaulting a pregnant married woman. Recently, in People of the Philippines v. Cristino Cañada,[47] People of the Philippines v. Pepito Neverio[48] and The People of the Philippines v. Lorenzo Layco, Sr.,[49] the Court awarded exemplary damages to set a public example, to serve as deterrent to elders who abuse and corrupt the youth, and to protect the latter from sexual abuse. |