This case has been cited 2 times or more.
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2012-09-12 |
DEL CASTILLO, J. |
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| We sustain the award of civil indemnity made by the appellate court in the increased amount of P75,000.00 and likewise of the amount of P75,000.00 as moral damages in each case following existing jurisprudence.[20] We also affirm the grant of exemplary damages but in the increased amount of P30,000.00 for each case also consistent with relevant jurisprudence.[21] Likewise, interest at the rate of 6% per annum shall be imposed on all the damages awarded from the date of finality of this judgment until fully paid.[22] | |||||
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2011-04-12 |
DEL CASTILLO, J. |
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| Regarding damages, we sustain the appellate court's award of civil indemnity to "AAA" in the amount of P75,000.00 for each case. "[I]f the crime of rape is qualified by circumstances which warrant the imposition of the death penalty by applicable amendatory laws, the complainant should be awarded P75,000.00 for each count of rape as civil indemnity."[37] We also affirm the award of moral and exemplary damages. In rape cases, "[m]oral damages are awarded to rape victims without need of proof other than the fact of rape under the assumption that the victim suffered moral injuries for the experience she underwent."[38] Exemplary damages, on the other hand, are given by way of public example and to protect the young from sexual abuse. However, the moral and exemplary damages in the amount of P50,000.00 and P25,000.00, respectively, should be increased to P75,000.00 and P30,000.00 consistent with relevant jurisprudence.[39] In addition, 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, likewise pursuant to prevailing jurisprudence.[40] | |||||