Lawyerly

GR No. 163055

2014-06-11

COMMISSIONER OF CUSTOMS v. NEW FRONTIER SUGAR CORPORATION

PEREZ, J.

CMO No. 9-95 categorically provides the revised procedures on the tentative release of shipments lacking the required CRF. Its objectives are as follows: (1) to avoid delays in the processing and releasing of shipments arising from the lack of SGS-CRF in relation to Joint Order No. 1-91, as amended; (2) to further facilitate trade and provide adequate security to government revenue; and (3) to enable the prompt collection of revenue due the government.[35] Simply put, the aforesaid Order provides a remedy for importers or consignees who have failed to undergo their shipments to pre-shipment inspections under the CISS which arrived in the country and entered in a customs house without the requisite CRF. More importantly, Part V(1), Step 5 of CMO No. 9-95 clearly states that the processing of the SGS-CRF by the SGS affiliate in the country of exportation shall be deemed "as if inspection has taken place" and that the issuance of the SGS-CRF shall be done by SGS-Manila Liaison Office.

GR No. 191065

2011-06-13

PEOPLE v. JONIE DOMINGUEZ

SERENO, J.

means other than penile insertion is P30,000. [37] We adhere to these precedents.

GR No. 189301

2010-12-15

PEOPLE v. JOSE PEPITO D. COMBATE

VELASCO JR., J.

In addition to this, the Court likewise awards moral damages. In People v. Arizapa,[52] PhP 50,000 was awarded as moral damages without need of pleading or proving them, for in rape cases, it is recognized that the victim's injury is concomitant with and necessarily results from the odious crime of rape to warrant per se the award of moral damages.[53] Subsequently, the amount was increased to PhP 75,000 in People v. Soriano.[54]

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. 167147

2005-08-03

PEOPLE v. GENARO CAYABYAB Y FERNANDEZ

PER CURIAM

The Court notes that the trial court awarded P50,000.00 as moral and exemplary damages. Moral damages is distinct from exemplary damages, hence must be awarded separately. The award of moral damages is automatically granted in rape cases without need of further proof other than the commission of the crime because it is assumed that a rape victim has actually suffered moral injuries entitling her to such award.[29] However, the award of P50,000.00 must be increased to P75,000.00 in accord with prevailing jurisprudence.[30] As regards exemplary damages, we held in People v. Catubig[31] that the presence of an aggravating circumstance, whether ordinary or qualifying, entitles the offended party to an award of exemplary damages. Conformably, we award the amount of P25,000.00 as exemplary damages in accord with the prevailing jurisprudence.[32]

GR No. 141599

2004-06-29

PEOPLE v. CHRISTIAN GONZALES Y CAYUBIT

PER CURIAM

We modify such awards. In line with recent jurisprudence, an award of P75,000.00 as civil indemnity is mandatory upon a finding of qualified rape.[33] In addition, the victim is entitled to an award of P75,000.00 as moral damages without need of proof because it is assumed that the victim has suffered moral injuries by reason of such crime.[34] Considering the presence of the qualifying circumstances of minority and relationship, she is also entitled to exemplary damages in the amount of P25,000.00. As we held in People vs. Catubig,[35] "an aggravating circumstance, whether ordinary or qualifying, should entitle the offended party to an award of exemplary damages within the unbridled meaning of Article 2230 of the Civil Code."

GR Nos. 132125-26

2004-06-03

PEOPLE v. SANTIAGO AGSAOAY

PER CURIAM

However, with respect to the civil aspect of the crimes, the trial court erred in awarding only P50,000.00 as moral damages and P20,000.00 as exemplary damages in each case. Current jurisprudence requires that upon a finding of qualified rape, the award of civil indemnity in the sum of P75,000.00 is mandatory in each count.[62] Additionally, the victim is entitled to moral damages in the same amount, also in each count,[63] without need of pleading or proof of the basis thereof since the anguish and pain she endured are evident.[64]

GR No. 150501

2004-06-03

PEOPLE v. GERONIMO BOROMEO Y MARCO

PER CURIAM

We also award the victim moral damages of P75,000, as the anguish and the pain she endured are evident.[54] Also, we award the victim exemplary damages of P25,000 to deter other individuals with aberrant sexual behavior.[55]

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 Nos. 152589 and 152758

2003-10-24

PEOPLE v. ANTONIO MENDOZA Y BUTONES

PER CURIAM

Again, moral damages are awarded without need of proof other than the fact of rape because it is assumed that the victim has suffered moral injuries entitling her to such an award[52] which is P75,000.00 pursuant to current jurisprudence on qualified rape.[53] Lastly, exemplary damages in the amount of P25,000.00 is also called for by way of public example and to protect the young from sexual abuse.[54]

GR Nos. 148139-43

2003-10-15

PEOPLE v. HERMENIO CANOY

PER CURIAM

In line with recent jurisprudence on qualified rape, we increase the civil indemnity and moral damages. Den Canoy is entitled to P75,000.00 in civil indemnity[25] and another P75,000.00 as moral damages[26] for each count of rape considering that the crime was committed under circumstances justifying the death penalty. Exemplary damages in each case of rape at P25,000.00 must likewise be awarded to deter other fathers with perverse or aberrant sexual behavior from sexually abusing their daughters.[27]

GR No. 146569

2003-10-06

PEOPLE v. JOHN NEQUIA

PER CURIAM

In People v. Perez,[19] the word "instrument or object" was construed to include a human finger. The Court reiterated its ruling in People v. Soriano[20] and People v. Bun.[21] The Anti-Rape Law transformed and reclassified rape as a felony against persons, under Title Eight, Chapter Two, Book II of the same Code.[22] The criminalization of the penetration of a person's sex organ or anal orifice and the insertion of a person's penis into the mouth or anal orifice of another, whether man or woman, and the classification thereof as rape (sexual assault) were designed to prevent not only the physical injuries inflicted on the victim but also his subjection to personal indignity and degradation and affront to the psychological integrity associated with an unwanted violation.[23] An unconsented intrusion by whatever object or instrumentality chosen by the perpetrator, whether animate or inanimate, is prohibited by the law.[24] The fact that only digital penetration occurred did not lessen the victim's fear and humiliation or the violation of her bodily integrity.[25] The public prosecutor should thus have filed two separate Informations against the appellant, one for rape under Article 266-A, paragraph 1 for the insertion by him of his penis into the vagina of the victim, and rape (sexual assault) under Article 266-A, paragraph 2 of the law for inserting his finger into the victim's vagina. However, only one information was filed against the appellant, for rape under Article 266-A, paragraph 1 of the Code. The appellant cannot thus be convicted of rape (sexual assault) under Article 266-A, paragraph 2, since he was not charged with the said crime.

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. 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 Nos. 150523-25

2003-07-02

PEOPLE v. ONOFRE GALANG Y MENDOZA

PER CURIAM

As to damages, we hold that if the rape was attended by any of the qualifying circumstances that require the imposition of the death penalty, the civil indemnity shall be P75,000.00.[13] Thus the trial court's award of P75,000.00 as civil indemnity in Crim. Case No. 1387-99 and another P75,000.00 in Crim. Case No. 1388-99 is in consonance with prevailing jurisprudence. Pursuant to current case law[14] however, the trial court should have also awarded moral damages in the amount of P50,000.00 in each case, the same to be imposed without need of proof other than the fact of rape.

GR No. 149893

2003-04-02

PEOPLE v. MELCHOR RABAGO

PER CURIAM

Anent the civil liability, in line with current jurisprudence, the amount of moral damages must be increased from P50,000.00 to P75,000.00,[47] but the amount of exemplary damages should be reduced from P50,000.00 to P25,000.00.[48]

GR No. 143708

2003-02-24

PEOPLE v. ROGELIO SAMBRANO Y TINDERO

PER CURIAM

As to the damages, we have held that if the rape is perpetrated with any of the attending qualifying aggravating circumstances that require the imposition of the death penalty, the civil indemnity for the victim shall be P75,000.[42] Thus, the trial court's award of P75,000 as civil indemnity is in line existing with existing case law. Also, in rape cases moral damages are awarded without need of proof other than the fact of rape because it is assumed that the victim has suffered moral injuries entitling her to such an award.[43] However, the trial court's award of P50,000 as moral damages should also be increased to P75,000 pursuant to current jurisprudence on qualified rape.[44] Lastly, exemplary damages in the amount of P25,000 is also called for, by way of public example, and to protect the young from sexual abuse.[45]

GR No. 149199

2003-01-28

PEOPLE v. NEMESIO BON

YNARES-SANTIAGO, J.

Under the present law on rape, Article 266-A of the Revised Penal Code, as amended by R.A. No. 8353 (or the "The Anti-Rape Law of 1997" which took effect on October 22, 1997), and interpreted in People v. Soriano,[23] insertion of one's finger into the genital of another constitutes "rape through sexual assault." This law, however, finds no application in the case at bar, considering that the governing law at the time of the commission of the crime on August 19, 1997 was Article 335 of the Revised Penal Code, as amended by R.A. No. 7659, where insertion of one's finger into the genitals of another does not amount to rape.

	GR No. 163055 2014-06-11	COMMISSIONER OF CUSTOMS v. NEW FRONTIER SUGAR CORPORATION PEREZ, J.
CMO No. 9-95 categorically provides the revised procedures on the tentative release of shipments lacking the required CRF. Its objectives are as follows: (1) to avoid delays in the processing and releasing of shipments arising from the lack of SGS-CRF in relation to Joint Order No. 1-91, as amended; (2) to further facilitate trade and provide adequate security to government revenue; and (3) to enable the prompt collection of revenue due the government.[35] Simply put, the aforesaid Order provides a remedy for importers or consignees who have failed to undergo their shipments to pre-shipment inspections under the CISS which arrived in the country and entered in a customs house without the requisite CRF. More importantly, Part V(1), Step 5 of CMO No. 9-95 clearly states that the processing of the SGS-CRF by the SGS affiliate in the country of exportation shall be deemed "as if inspection has taken place" and that the issuance of the SGS-CRF shall be done by SGS-Manila Liaison Office.
	GR No. 191065 2011-06-13	PEOPLE v. JONIE DOMINGUEZ SERENO, J.
means other than penile insertion is P30,000. [37] We adhere to these precedents.
	GR No. 189301 2010-12-15	PEOPLE v. JOSE PEPITO D. COMBATE VELASCO JR., J.
In addition to this, the Court likewise awards moral damages. In People v. Arizapa,[52] PhP 50,000 was awarded as moral damages without need of pleading or proving them, for in rape cases, it is recognized that the victim's injury is concomitant with and necessarily results from the odious crime of rape to warrant per se the award of moral damages.[53] Subsequently, the amount was increased to PhP 75,000 in People v. Soriano.[54]
	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. 167147 2005-08-03	PEOPLE v. GENARO CAYABYAB Y FERNANDEZ PER CURIAM
The Court notes that the trial court awarded P50,000.00 as moral and exemplary damages. Moral damages is distinct from exemplary damages, hence must be awarded separately. The award of moral damages is automatically granted in rape cases without need of further proof other than the commission of the crime because it is assumed that a rape victim has actually suffered moral injuries entitling her to such award.[29] However, the award of P50,000.00 must be increased to P75,000.00 in accord with prevailing jurisprudence.[30] As regards exemplary damages, we held in People v. Catubig[31] that the presence of an aggravating circumstance, whether ordinary or qualifying, entitles the offended party to an award of exemplary damages. Conformably, we award the amount of P25,000.00 as exemplary damages in accord with the prevailing jurisprudence.[32]
	GR No. 141599 2004-06-29	PEOPLE v. CHRISTIAN GONZALES Y CAYUBIT PER CURIAM
We modify such awards. In line with recent jurisprudence, an award of P75,000.00 as civil indemnity is mandatory upon a finding of qualified rape.[33] In addition, the victim is entitled to an award of P75,000.00 as moral damages without need of proof because it is assumed that the victim has suffered moral injuries by reason of such crime.[34] Considering the presence of the qualifying circumstances of minority and relationship, she is also entitled to exemplary damages in the amount of P25,000.00. As we held in People vs. Catubig,[35] "an aggravating circumstance, whether ordinary or qualifying, should entitle the offended party to an award of exemplary damages within the unbridled meaning of Article 2230 of the Civil Code."
	GR Nos. 132125-26 2004-06-03	PEOPLE v. SANTIAGO AGSAOAY PER CURIAM
However, with respect to the civil aspect of the crimes, the trial court erred in awarding only P50,000.00 as moral damages and P20,000.00 as exemplary damages in each case. Current jurisprudence requires that upon a finding of qualified rape, the award of civil indemnity in the sum of P75,000.00 is mandatory in each count.[62] Additionally, the victim is entitled to moral damages in the same amount, also in each count,[63] without need of pleading or proof of the basis thereof since the anguish and pain she endured are evident.[64]
	GR No. 150501 2004-06-03	PEOPLE v. GERONIMO BOROMEO Y MARCO PER CURIAM
We also award the victim moral damages of P75,000, as the anguish and the pain she endured are evident.[54] Also, we award the victim exemplary damages of P25,000 to deter other individuals with aberrant sexual behavior.[55]
	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 Nos. 152589 and 152758 2003-10-24	PEOPLE v. ANTONIO MENDOZA Y BUTONES PER CURIAM
Again, moral damages are awarded without need of proof other than the fact of rape because it is assumed that the victim has suffered moral injuries entitling her to such an award[52] which is P75,000.00 pursuant to current jurisprudence on qualified rape.[53] Lastly, exemplary damages in the amount of P25,000.00 is also called for by way of public example and to protect the young from sexual abuse.[54]
	GR Nos. 148139-43 2003-10-15	PEOPLE v. HERMENIO CANOY PER CURIAM
In line with recent jurisprudence on qualified rape, we increase the civil indemnity and moral damages. Den Canoy is entitled to P75,000.00 in civil indemnity[25] and another P75,000.00 as moral damages[26] for each count of rape considering that the crime was committed under circumstances justifying the death penalty. Exemplary damages in each case of rape at P25,000.00 must likewise be awarded to deter other fathers with perverse or aberrant sexual behavior from sexually abusing their daughters.[27]
	GR No. 146569 2003-10-06	PEOPLE v. JOHN NEQUIA PER CURIAM
In People v. Perez,[19] the word "instrument or object" was construed to include a human finger. The Court reiterated its ruling in People v. Soriano[20] and People v. Bun.[21] The Anti-Rape Law transformed and reclassified rape as a felony against persons, under Title Eight, Chapter Two, Book II of the same Code.[22] The criminalization of the penetration of a person's sex organ or anal orifice and the insertion of a person's penis into the mouth or anal orifice of another, whether man or woman, and the classification thereof as rape (sexual assault) were designed to prevent not only the physical injuries inflicted on the victim but also his subjection to personal indignity and degradation and affront to the psychological integrity associated with an unwanted violation.[23] An unconsented intrusion by whatever object or instrumentality chosen by the perpetrator, whether animate or inanimate, is prohibited by the law.[24] The fact that only digital penetration occurred did not lessen the victim's fear and humiliation or the violation of her bodily integrity.[25] The public prosecutor should thus have filed two separate Informations against the appellant, one for rape under Article 266-A, paragraph 1 for the insertion by him of his penis into the vagina of the victim, and rape (sexual assault) under Article 266-A, paragraph 2 of the law for inserting his finger into the victim's vagina. However, only one information was filed against the appellant, for rape under Article 266-A, paragraph 1 of the Code. The appellant cannot thus be convicted of rape (sexual assault) under Article 266-A, paragraph 2, since he was not charged with the said crime.
	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. 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 Nos. 150523-25 2003-07-02	PEOPLE v. ONOFRE GALANG Y MENDOZA PER CURIAM
As to damages, we hold that if the rape was attended by any of the qualifying circumstances that require the imposition of the death penalty, the civil indemnity shall be P75,000.00.[13] Thus the trial court's award of P75,000.00 as civil indemnity in Crim. Case No. 1387-99 and another P75,000.00 in Crim. Case No. 1388-99 is in consonance with prevailing jurisprudence. Pursuant to current case law[14] however, the trial court should have also awarded moral damages in the amount of P50,000.00 in each case, the same to be imposed without need of proof other than the fact of rape.
	GR No. 149893 2003-04-02	PEOPLE v. MELCHOR RABAGO PER CURIAM
Anent the civil liability, in line with current jurisprudence, the amount of moral damages must be increased from P50,000.00 to P75,000.00,[47] but the amount of exemplary damages should be reduced from P50,000.00 to P25,000.00.[48]
	GR No. 143708 2003-02-24	PEOPLE v. ROGELIO SAMBRANO Y TINDERO PER CURIAM
As to the damages, we have held that if the rape is perpetrated with any of the attending qualifying aggravating circumstances that require the imposition of the death penalty, the civil indemnity for the victim shall be P75,000.[42] Thus, the trial court's award of P75,000 as civil indemnity is in line existing with existing case law. Also, in rape cases moral damages are awarded without need of proof other than the fact of rape because it is assumed that the victim has suffered moral injuries entitling her to such an award.[43] However, the trial court's award of P50,000 as moral damages should also be increased to P75,000 pursuant to current jurisprudence on qualified rape.[44] Lastly, exemplary damages in the amount of P25,000 is also called for, by way of public example, and to protect the young from sexual abuse.[45]
	GR No. 149199 2003-01-28	PEOPLE v. NEMESIO BON YNARES-SANTIAGO, J.
Under the present law on rape, Article 266-A of the Revised Penal Code, as amended by R.A. No. 8353 (or the "The Anti-Rape Law of 1997" which took effect on October 22, 1997), and interpreted in People v. Soriano,[23] insertion of one's finger into the genital of another constitutes "rape through sexual assault." This law, however, finds no application in the case at bar, considering that the governing law at the time of the commission of the crime on August 19, 1997 was Article 335 of the Revised Penal Code, as amended by R.A. No. 7659, where insertion of one's finger into the genitals of another does not amount to rape.

PEOPLE v. CAMILO SORIANO