Lawyerly

GR No. 137514-15

2002-01-16

VITUG, J.

"x x x Of the expenses allegedly incurred, the Court can only give credence to those supported by receipt and which appear to have been genuinely incurred in connection with the death, wake or burial of the victim. Thus, the Court cannot take account of receipts showing expenses incurred before the date of the slaying of the victim; those incurred after a considerable lapse of time from the burial of the victim and which do not have any relation to the death, wake or burial of the victim; those incurred for purely aesthetic or social purposes, such as the lining with marble of the tomb of the victim; those which appear to have been modified to show an increase in the amount of expenditure, such as by adding a number to increase the purchase value from tens to hundreds; those expenditures which could not be reasonably itemized or determined to have been incurred in connection with the death, wake or burial of the victim; those which would nonetheless have been incurred despite the death, wake or burial of the victim, the death, wake or burial being merely incidental."[31] Consistent with prevailing jurisprudence, the heirs of the deceased are entitled to the amount of P50,000.00 by way of civil indemnity for the death of the victim without need of further proof of damages.[32] With respect to moral damages, care must attend its award in order to avoid any excessive expression of sympathy on the victim lest the real rationale for an award of such damages, essentially one of indemnity or reparation, is inadvertently missed.[33] Accordingly, the award of moral damages made by the trial court of P500,000.00 must be reduced to the more reasonable sum of P50,000.00, an amount that also accords with prevailing jurisprudence. The attendance of treachery in the killing of the victim justifies, consistently with the Court's ruling in People vs. Catubig,[34] the award of P20,000.00 exemplary damages made by the trial court.

GR No. 138838

2001-12-11

PEOPLE v. FRANCISCO BALAS

PANGANIBAN, J.

Since we are reducing the penalty of appellant to reclusion perpetua, the damages awarded by the RTC are modified accordingly, as follows: the P75,000 civil indemnity awarded to the victim is reduced to P50,000, because the defective Information filed against appellant prevents the imposition of the death penalty. However, pursuant to current jurisprudence, additional awards of P50,000 as moral damages and P25,000 as exemplary damages in her favor are in order. Moral damages are 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 an award.[31] Pursuant to our ruling in People v. Catubig,[32] exemplary damages are awarded because of the presence of aggravating circumstances in the commission of the rape - there was a father-daughter relationship and appellant was armed with a bolo and a knife when he raped the victim.

GR Nos. 137297 & 138547-48

2001-12-11

PEOPLE v. RICARDO AGRAVANTE Y ZANTUA

MENDOZA, J.

However, the award of moral damages in the amount of P50,000.00 in each case must be sustained. There is no need to prove during trial that the victim suffered mental, physical, and psychological trauma as these are presumed. In addition, an award of P50,000.00 in civil indemnity must also be made in each case in accordance with case law.[42] Because of the aggravating circumstance of relationship, an award of exemplary damages in the amount of P25,000.00 should also be given.[43]

GR No. 130653 & GR No. 139384

2001-12-11

PEOPLE v. FRANCISCO BANIQUED

VITUG, J.

Neither can the Court give credence to the defense of alibi, a claim that has often been viewed with suspicion and received with caution not only because it is inherently weak and unreliable but also because it is easy to fabricate. In order that this defense can prosper, it must be convincing enough to preclude any doubt on the physical impossibility of the presence of the accused at the locus criminis at the time of the incident,[10] a fact which appellant has been unable to amply establish.

GR No. 130653 & GR No. 139384

2001-12-11

PEOPLE v. FRANCISCO BANIQUED

VITUG, J.

Consistent with prevailing jurisprudence, the victim is entitled not only to P50,000.00 moral damages but also to P50,000.00 civil indemnity and P25,000.00 exemplary damages (on account of the relationship between the accused and victim) for each count of rape.[14]

GR Nos. 140333-34

2001-12-11

PEOPLE v. LOVE JOY DE GUZMAN

PER CURIAM

Considering that the alternative circumstance of relationship has aggravated the offense[39] and consistent with our ruling in People v. Danilo Catubig y Horio,[40] exemplary damages for each count[41] of rape is likewise proper which, pursuant to controlling case law, has been fixed at P25,000.00.[42]

GR No. 137001

2001-12-05

PEOPLE v. CAYETANO MOSENDE Y MORATA

VITUG, J.

The civil indemnity decreed by the trial court accords with prevailing jurisprudence. In addition, moral damages and exemplary damages must be held to be due. Article 2219(1) of the Civil Code ordains that moral damages may be recovered in a criminal offense resulting in physical injuries. In its generic sense, "physical injuries" includes death. Moral damages compensate for the mental anguish, serious anxiety and moral shock suffered by the victim and his family as being a proximate result of the wrongful act. An award requires no proof of pecuniary loss.[13] The presence of the aggravating circumstance of treachery[14] likewise warrants, under Article 2230 of the Civil Code, the payment of exemplary damages.

GR No. 132133

2001-11-29

PEOPLE v. WILLIAM ALPE Y CUATRO

PER CURIAM

Anent the issue of damages, the trial court correctly awarded P50,000 as moral damages. As explained in People v. Catubig,[14] such award "rests on the jural foundation that the crime of rape necessarily brings with it shame, mental anguish, besmirched reputation, moral shock and social humiliation to the offended party." In addition, P75,000 as civil indemnity ex delicto and exemplary damages in the amount of P25,000 are also awarded to the offended party, consistent with prevailing jurisprudence.

GR No. 133381

2001-11-27

PEOPLE v. ROMULO

VITUG, J.

The award made by the trial court of P50,000.00 civil indemnity conforms with prevailing jurisprudence. Additionally, moral damages and exemplary damages are due. Under paragraph (1), Article 2219 of the Civil Code, moral damages may be recovered in a criminal offense resulting in physical injuries. In its generic sense, "physical injuries" includes death. Moral damages compensate for the mental anguish, serious anxiety and moral shock suffered by the victim and his family as being a proximate result of the wrongful act. An award requires no proof of pecuniary loss.[8] The presence of the aggravating circumstance of treachery[9] likewise warrant the payment of exemplary damages.[10]

GR No. 135853-54

2001-11-22

PEOPLE v. OPENIANO LACISTE Y MATONDO

VITUG, J.

Conformably with prevailing jurisprudence, separate awards of P50,000.00 moral damages and P50,000.00 civil indemnity should be ordered paid to the rape victim, the two amounts being based, the trial judge has apparently overlooked, on different jural foundations.[13] Consistently with the ruling in People vs. Catubig,[14] the additional award of P25,000.00 exemplary damages under Article 2230 of the Civil Code should be sustained.

GR No. 133910

2001-11-14

PEOPLE v. JOSE VIRREY Y DEHITO

PANGANIBAN, J.

Consistent with existing jurisprudence, we award the victim the sum of P50,000 as indemnity ex-delicto in addition to the trial court's grant of moral damages. In line with People v. Catubig,[22] proof of relationship (father-daughter in this case) can serve as basis for the award of exemplary damages.

GR No. 102367

2001-10-25

PEOPLE v. VS.ABUNDIO ALBARIDO

SANDOVAL-GUTIERREZ, J.

We sustain the trial court's award of P 50,000.00 as civil indemnity to the heirs of each of the three (3) victims. In line with existing jurisprudence,[32] since the qualifying aggravating circumstance of treachery was sufficiently proven, the award of exemplary damages of P 25,000.00 each to the same heirs is likewise in order.

GR No. 135822

2001-10-25

PEOPLE v. PIO DACARA Y NACIONAL

YNARES-SANTIAGO, J.

The circumstances of minority and relationship in the foregoing provision are special qualifying circumstances that cannot be considered unless specifically stated in the complaint or information. Notably, Sections 8 and 9,[18] Rule 110, of the December 1, 2000 Revised Rules on Criminal Procedure, now require that aggravating circumstances, whether ordinary or qualifying, must be alleged in the complaint or information. The Constitution guarantees to be inviolable the right of an accused to be informed of the nature and cause of the accusation against him. It is this requirement that renders it essential for every element of the offense with which an accused is charged to be properly alleged in the complaint or information.[19] Consequently, the crime committed in the present case is only simple rape, punishable by reclusion perpetua.

GR No. 137676

2001-09-27

PEOPLE v. ATTY. ROBERTO DIONISIO

SANDOVAL-GUTIERREZ, J.

Since the qualifying aggravating circumstance of treachery attended the commission of the crime, the Court also awards exemplary damages pursuant to Article 2230 of the Civil Code. This is in accord with our decision in People vs. Catubig[39] where we held that with respect to the civil aspect of the case, an aggravating circumstance, whether ordinary or qualifying, should entitle the offended party to an award of exemplary damages, which is now fixed at P25,000.00.

GR No. 142564

2001-09-26

PEOPLE v. HILGEM NERIO Y GIGANTO

PER CURIAM

The award of civil indemnity of accused-appellant in the amount of P50,000.00 should be increased to P75,000.00. This is in line with current case law,[58] that if the crime is qualified by circumstances which warrant the imposition of the death penalty by applicable amendatory laws, the accused should be ordered to pay the complainant the amount of P75,000.00 as civil indemnity. The award of P50,000.00 as moral damages is in accordance with recent rulings.[59] As to the award of exemplary damages, we held in People vs. Catubig[60] that the presence of an aggravating circumstance, whether ordinary or qualifying, entitles the offended party to an award of exemplary damages. Hence, the award of exemplary damages by the trial court is proper, but the same should be reduced to P25,000.00 in line with the ruling in Catubig.

GR Nos. 138308-10

2001-09-26

PEOPLE v. PABLO SANTOS

PER CURIAM

However, the award of damages to complainant should be revised. The trial court's award of P50,000.00 to complainant as civil indemnity should be increased to P75,000.00 in accordance with current case law.[28] The award of moral damages in the amount of P50,000.00 is correct it being assumed that the victim has suffered moral injuries as a result of the rape.[29] On the other hand, the award of exemplary damages, which is granted in the case of incestuous rape because of the presence of aggravating circumstances, should be reduced to P25,000.00 in line with current rulings.[30] Moreover, these items of damages should be awarded in favor of the complainant for each count of rape.

GR Nos. 136867-68

2001-09-24

PEOPLE v. RODRIGO GALVEZ Y JEREZ

YNARES-SANTIAGO, J.

Given the prevailing facts of this case, exemplary damages in each case of rape,[43] pegged at P25,000.00 in line with controlling case law[44] and recently reiterated in People v. Catubig,[45] must likewise be awarded to deter other fathers with perverse tendencies and aberrant sexual behavior from preying upon and sexually abusing their daughters.[46]

GR No. 136840-42

2001-09-13

PEOPLE v. ROMEO NAVARETTE Y AQUINO

PER CURIAM

In line with prevailing jurisprudence, the award of P50,000.00 civil liability ex delicto must be increased to P75,000.00, the standard amount awarded to the offended party when rape is effectively qualified under Republic Act No. 7659.[20] The award of P25,000.00 exemplary damages is warranted and in line with our pronouncement in People vs. Catubig[21] just recently decided.[22] In addition and conformably with prevailing jurisprudence, the Court likewise awards the amount of P50,000.00 by way of moral damages to the victim.[23]

	GR No. 137514-15 2002-01-16	PEOPLE v. WILFREDO PANABANG Y BUSNAG VITUG, J.
"x x x Of the expenses allegedly incurred, the Court can only give credence to those supported by receipt and which appear to have been genuinely incurred in connection with the death, wake or burial of the victim. Thus, the Court cannot take account of receipts showing expenses incurred before the date of the slaying of the victim; those incurred after a considerable lapse of time from the burial of the victim and which do not have any relation to the death, wake or burial of the victim; those incurred for purely aesthetic or social purposes, such as the lining with marble of the tomb of the victim; those which appear to have been modified to show an increase in the amount of expenditure, such as by adding a number to increase the purchase value from tens to hundreds; those expenditures which could not be reasonably itemized or determined to have been incurred in connection with the death, wake or burial of the victim; those which would nonetheless have been incurred despite the death, wake or burial of the victim, the death, wake or burial being merely incidental."[31] Consistent with prevailing jurisprudence, the heirs of the deceased are entitled to the amount of P50,000.00 by way of civil indemnity for the death of the victim without need of further proof of damages.[32] With respect to moral damages, care must attend its award in order to avoid any excessive expression of sympathy on the victim lest the real rationale for an award of such damages, essentially one of indemnity or reparation, is inadvertently missed.[33] Accordingly, the award of moral damages made by the trial court of P500,000.00 must be reduced to the more reasonable sum of P50,000.00, an amount that also accords with prevailing jurisprudence. The attendance of treachery in the killing of the victim justifies, consistently with the Court's ruling in People vs. Catubig,[34] the award of P20,000.00 exemplary damages made by the trial court.
	GR No. 138838 2001-12-11	PEOPLE v. FRANCISCO BALAS PANGANIBAN, J.
Since we are reducing the penalty of appellant to reclusion perpetua, the damages awarded by the RTC are modified accordingly, as follows: the P75,000 civil indemnity awarded to the victim is reduced to P50,000, because the defective Information filed against appellant prevents the imposition of the death penalty. However, pursuant to current jurisprudence, additional awards of P50,000 as moral damages and P25,000 as exemplary damages in her favor are in order. Moral damages are 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 an award.[31] Pursuant to our ruling in People v. Catubig,[32] exemplary damages are awarded because of the presence of aggravating circumstances in the commission of the rape - there was a father-daughter relationship and appellant was armed with a bolo and a knife when he raped the victim.
	GR Nos. 137297 & 138547-48 2001-12-11	PEOPLE v. RICARDO AGRAVANTE Y ZANTUA MENDOZA, J.
However, the award of moral damages in the amount of P50,000.00 in each case must be sustained. There is no need to prove during trial that the victim suffered mental, physical, and psychological trauma as these are presumed. In addition, an award of P50,000.00 in civil indemnity must also be made in each case in accordance with case law.[42] Because of the aggravating circumstance of relationship, an award of exemplary damages in the amount of P25,000.00 should also be given.[43]
	GR No. 130653 & GR No. 139384 2001-12-11	PEOPLE v. FRANCISCO BANIQUED VITUG, J.
Neither can the Court give credence to the defense of alibi, a claim that has often been viewed with suspicion and received with caution not only because it is inherently weak and unreliable but also because it is easy to fabricate. In order that this defense can prosper, it must be convincing enough to preclude any doubt on the physical impossibility of the presence of the accused at the locus criminis at the time of the incident,[10] a fact which appellant has been unable to amply establish.
	GR No. 130653 & GR No. 139384 2001-12-11	PEOPLE v. FRANCISCO BANIQUED VITUG, J.
Consistent with prevailing jurisprudence, the victim is entitled not only to P50,000.00 moral damages but also to P50,000.00 civil indemnity and P25,000.00 exemplary damages (on account of the relationship between the accused and victim) for each count of rape.[14]
	GR Nos. 140333-34 2001-12-11	PEOPLE v. LOVE JOY DE GUZMAN PER CURIAM
Considering that the alternative circumstance of relationship has aggravated the offense[39] and consistent with our ruling in People v. Danilo Catubig y Horio,[40] exemplary damages for each count[41] of rape is likewise proper which, pursuant to controlling case law, has been fixed at P25,000.00.[42]
	GR No. 137001 2001-12-05	PEOPLE v. CAYETANO MOSENDE Y MORATA VITUG, J.
The civil indemnity decreed by the trial court accords with prevailing jurisprudence. In addition, moral damages and exemplary damages must be held to be due. Article 2219(1) of the Civil Code ordains that moral damages may be recovered in a criminal offense resulting in physical injuries. In its generic sense, "physical injuries" includes death. Moral damages compensate for the mental anguish, serious anxiety and moral shock suffered by the victim and his family as being a proximate result of the wrongful act. An award requires no proof of pecuniary loss.[13] The presence of the aggravating circumstance of treachery[14] likewise warrants, under Article 2230 of the Civil Code, the payment of exemplary damages.
	GR No. 132133 2001-11-29	PEOPLE v. WILLIAM ALPE Y CUATRO PER CURIAM
Anent the issue of damages, the trial court correctly awarded P50,000 as moral damages. As explained in People v. Catubig,[14] such award "rests on the jural foundation that the crime of rape necessarily brings with it shame, mental anguish, besmirched reputation, moral shock and social humiliation to the offended party." In addition, P75,000 as civil indemnity ex delicto and exemplary damages in the amount of P25,000 are also awarded to the offended party, consistent with prevailing jurisprudence.
	GR No. 133381 2001-11-27	PEOPLE v. ROMULO VITUG, J.
The award made by the trial court of P50,000.00 civil indemnity conforms with prevailing jurisprudence. Additionally, moral damages and exemplary damages are due. Under paragraph (1), Article 2219 of the Civil Code, moral damages may be recovered in a criminal offense resulting in physical injuries. In its generic sense, "physical injuries" includes death. Moral damages compensate for the mental anguish, serious anxiety and moral shock suffered by the victim and his family as being a proximate result of the wrongful act. An award requires no proof of pecuniary loss.[8] The presence of the aggravating circumstance of treachery[9] likewise warrant the payment of exemplary damages.[10]
	GR No. 135853-54 2001-11-22	PEOPLE v. OPENIANO LACISTE Y MATONDO VITUG, J.
Conformably with prevailing jurisprudence, separate awards of P50,000.00 moral damages and P50,000.00 civil indemnity should be ordered paid to the rape victim, the two amounts being based, the trial judge has apparently overlooked, on different jural foundations.[13] Consistently with the ruling in People vs. Catubig,[14] the additional award of P25,000.00 exemplary damages under Article 2230 of the Civil Code should be sustained.
	GR No. 133910 2001-11-14	PEOPLE v. JOSE VIRREY Y DEHITO PANGANIBAN, J.
Consistent with existing jurisprudence, we award the victim the sum of P50,000 as indemnity ex-delicto in addition to the trial court's grant of moral damages. In line with People v. Catubig,[22] proof of relationship (father-daughter in this case) can serve as basis for the award of exemplary damages.
	GR No. 102367 2001-10-25	PEOPLE v. VS.ABUNDIO ALBARIDO SANDOVAL-GUTIERREZ, J.
We sustain the trial court's award of P 50,000.00 as civil indemnity to the heirs of each of the three (3) victims. In line with existing jurisprudence,[32] since the qualifying aggravating circumstance of treachery was sufficiently proven, the award of exemplary damages of P 25,000.00 each to the same heirs is likewise in order.
	GR No. 135822 2001-10-25	PEOPLE v. PIO DACARA Y NACIONAL YNARES-SANTIAGO, J.
The circumstances of minority and relationship in the foregoing provision are special qualifying circumstances that cannot be considered unless specifically stated in the complaint or information. Notably, Sections 8 and 9,[18] Rule 110, of the December 1, 2000 Revised Rules on Criminal Procedure, now require that aggravating circumstances, whether ordinary or qualifying, must be alleged in the complaint or information. The Constitution guarantees to be inviolable the right of an accused to be informed of the nature and cause of the accusation against him. It is this requirement that renders it essential for every element of the offense with which an accused is charged to be properly alleged in the complaint or information.[19] Consequently, the crime committed in the present case is only simple rape, punishable by reclusion perpetua.
	GR No. 137676 2001-09-27	PEOPLE v. ATTY. ROBERTO DIONISIO SANDOVAL-GUTIERREZ, J.
Since the qualifying aggravating circumstance of treachery attended the commission of the crime, the Court also awards exemplary damages pursuant to Article 2230 of the Civil Code. This is in accord with our decision in People vs. Catubig[39] where we held that with respect to the civil aspect of the case, an aggravating circumstance, whether ordinary or qualifying, should entitle the offended party to an award of exemplary damages, which is now fixed at P25,000.00.
	GR No. 142564 2001-09-26	PEOPLE v. HILGEM NERIO Y GIGANTO PER CURIAM
The award of civil indemnity of accused-appellant in the amount of P50,000.00 should be increased to P75,000.00. This is in line with current case law,[58] that if the crime is qualified by circumstances which warrant the imposition of the death penalty by applicable amendatory laws, the accused should be ordered to pay the complainant the amount of P75,000.00 as civil indemnity. The award of P50,000.00 as moral damages is in accordance with recent rulings.[59] As to the award of exemplary damages, we held in People vs. Catubig[60] that the presence of an aggravating circumstance, whether ordinary or qualifying, entitles the offended party to an award of exemplary damages. Hence, the award of exemplary damages by the trial court is proper, but the same should be reduced to P25,000.00 in line with the ruling in Catubig.
	GR Nos. 138308-10 2001-09-26	PEOPLE v. PABLO SANTOS PER CURIAM
However, the award of damages to complainant should be revised. The trial court's award of P50,000.00 to complainant as civil indemnity should be increased to P75,000.00 in accordance with current case law.[28] The award of moral damages in the amount of P50,000.00 is correct it being assumed that the victim has suffered moral injuries as a result of the rape.[29] On the other hand, the award of exemplary damages, which is granted in the case of incestuous rape because of the presence of aggravating circumstances, should be reduced to P25,000.00 in line with current rulings.[30] Moreover, these items of damages should be awarded in favor of the complainant for each count of rape.
	GR Nos. 136867-68 2001-09-24	PEOPLE v. RODRIGO GALVEZ Y JEREZ YNARES-SANTIAGO, J.
Given the prevailing facts of this case, exemplary damages in each case of rape,[43] pegged at P25,000.00 in line with controlling case law[44] and recently reiterated in People v. Catubig,[45] must likewise be awarded to deter other fathers with perverse tendencies and aberrant sexual behavior from preying upon and sexually abusing their daughters.[46]
	GR No. 136840-42 2001-09-13	PEOPLE v. ROMEO NAVARETTE Y AQUINO PER CURIAM
In line with prevailing jurisprudence, the award of P50,000.00 civil liability ex delicto must be increased to P75,000.00, the standard amount awarded to the offended party when rape is effectively qualified under Republic Act No. 7659.[20] The award of P25,000.00 exemplary damages is warranted and in line with our pronouncement in People vs. Catubig[21] just recently decided.[22] In addition and conformably with prevailing jurisprudence, the Court likewise awards the amount of P50,000.00 by way of moral damages to the victim.[23]

PEOPLE v. DANILO CATUBIG Y HORIO