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2013-06-05 |
LEONARDO-DE CASTRO, J. |
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Following Republic Act No. 9346, the RTC, as affirmed by the Court of Appeals, correctly imposed upon accused-appellant the penalty of reclusion perpetua in lieu of death, but we specify that it is without the eligibility of parole. The Court of Appeals also properly awarded in AAA's favor the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages. An award of civil indemnity ex delicto is mandatory upon a finding of the fact of rape, and moral damages may be automatically awarded in rape cases without need of proof of mental and physical suffering.[28] Exemplary damages are also called for, by way of public example, and to protect the young from sexual abuse.[29] |