'
Decision
- 62 -
G.R. No. 227363
prescribes an instance when exemplary damages may be awarded, Article
2229, the main provision, lays down the very basis of the award. Thus, in
People v. Matrimonio, the Court imposed exemplary damages to deter
other fathers with perverse tendencies or aberrant sexual behavior from
sexually abusing their own daughters. Also, in People v. Cristobal, the
Court awarded exemplary damages on account of the moral corruption,
perversity and wickedness of the accused in sexually assaulting a pregnant
married woman. In People of the Philippines v. Cristino Canada, People
of the Philippines v. Pepito Neverio and People of the Philippines v.
Lorenzo Layco, Sr., the Court awarded exemplary damages to set a public
example, to serve as deterrent to elders who abuse and corrupt the youth,
and to protect the latter from sexual abuse. 133
In summary, the award of civil indemnity, moral damages and
exemplary damages in Acts of Lasciviousness under Article 336 of the RPC,
Acts of Lasciviousness in relation to Section 5(b) of R.A. No. 7610,
Lascivious Conduct under Section 5(b) of R.A. No. 7610, Sexual Assault
under paragraph 2, Article 266-A of the RPC, and Sexual Assault in relation
to Section 5(b) ofR.A. No. 7610, are as follows:
Crime
I Civil Indemnity I Moral Damages
Acts
of I P20,000.00
Lasciviousness
under
Article
336 of the RPC
[Victim IS of
legal age]
of I P50,ooo.oo
Acts
lasciviousness in
relation
to
Section 5(b) of
R.A. No. 7610
[Victim · is a
child under 12
years old or is
demented]
Sexual Abuse or P75,000.00 (If
Lascivious
penalty imposed
Conduct under is
reclusion
Section 5(b) of perpetua)
R.A. No. 7610
[Victim is a PS0,000.00 (If
child 12 years penalty imposed
old and below is within the
18, or above 18 range
of
under
special reclusion
circumstances]
temporal
medium)
LU
13·1
I Exemplary
I P20,000.00
Damages 134
I P20,000.00
I P5o,ooo.oo
I P50,000.00
P75,000.00
(If
penalty imposed
is
reclusion
perpetua)
P50,000.00
(If
penalty imposed
is
within
the
range of reclusion
temporal medium)
P75,000.00
(If
penalty
imposed
is
reclusion
perpetua)
PS0,000.00
(If
penalty
is
imposed
within
the
range
of
reclusion
temporal
Id. at 504-508. (Emphasis added; citations omitted).
If an aggravating circumstance is present or to set as a public example to deter sexual abuse.
/It/
(/ f
I
'
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