This case has been cited 4 times or more.
2012-12-05 |
LEONARDO-DE CASTRO, J. |
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Article 226-B of the Revised Penal Code, as amended, provides that rape under paragraph (1) of Article 226-A of the same Code shall be punished by reclusion perpetua. As for the award of damages in AAA's favor, we affirm the amounts of P50,000.00 as civil indemnity and P50,000.00 as moral damages; but we increase to P30,000.00 the amount of exemplary damages in line with prevailing jurisprudence.[28] | |||||
2010-10-20 |
MENDOZA, J. |
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Additionally, exemplary damages should likewise be awarded pursuant to Article 2230 of the Civil Code since the special aggravating circumstance of the use of a deadly weapon attended the commission of the rape. When a crime is committed with an aggravating circumstance, either qualifying or generic, an award of P30,000.00 as exemplary damages is justified in accordance with the case of People v. Macapanas.[41] These damages are intended to serve as deterrent to serious wrongdoings, as a vindication of undue sufferings and wanton invasion of the rights of an injured, or as punishment for those guilty of outrageous conduct.[42] Although the aggravating circumstance of use of a deadly weapon was not alleged in the Information, such was proven during the trial, and, thus, exemplary damages are still due in accordance with the ruling in People v. Guillermo[43], to wit: While the use of a deadly weapon is not one of the generic aggravating circumstances in Article 14 of the RPC, under Article 266-B thereof, the presence of such circumstance in the commission of rape increases the penalty, provided that it has been alleged in the Information and proved during trial. This manifests the legislative intent to treat the accused who resorts to this particular circumstance as one with greater perversity and, concomitantly, to address it by imposing a greater degree of liability. Thus, even if the use of a deadly weapon is not alleged in the Information but is proven during the trial, it may be appreciated to justify the award of civil liability, particularly exemplary damages. (Emphasis ours) | |||||
2010-09-06 |
CARPIO MORALES, J. |
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By Decision[16] of November 22, 2007, the appellate court affirmed the trial court's decision but increased the award of moral damages to P50,000, consistent with prevailing jurisprudence.[17] Thus the appellate court disposed: | |||||
2010-08-25 |
PEREZ, J. |
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We likewise reduce the Court of Appeals' award of civil indemnity from P75,000.00 to P50,000.00 and moral damages from P75,000.00 to P50,000.00 in line with current jurisprudence.[47] The award of exemplary damages in the amount of P25,000.00 should be increased to P30,000.00 pursuant to People v. Guillermo.[48] While no aggravating circumstance attended the commission of rapes, it was established during trial that appellant used a deadly weapon to perpetrate the crime. Hence, the award of exemplary damages is proper. |