Decision
- 63 -
Sexual Assault P30,000.00
under
Article
266-A(2) of the
RPC [Victim is
of legal age]
Sexual Assault P50,000.00
under
Article
266-A(2) of the
RPC in relation
.to Section 5(b)
of R.A. No.
7610 [Victim is
a child under· 12
years old or is
demented]
G.R. No. 227363
P30,000.00
medium)
P30,000.00
P50,000.00
P50,000.00
It is settled that 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. The award of exemplary damages is also called for to set a public
example and to protect the young from sexual abuse. As to the civil liability
in Criminal Case No. SCC-6210 for sexual assault under paragraph 2,
Article 266-A· of the RPC, in relation to Section 5(b) of R.A. No. 7610,
Tulagan should, therefore, pay AAA the amounts of PS0,000.00 as civil
indemnity, PS0,000.00 as moral damages, and PS0,000.00 as exemplary
damages.
Anent the award of damages in Criminal Case No. SCC-6211 for
statutory rape, We modify the same in line with the ruling in People v.
Jugueta, 135 where We held that "when the circumstances surrounding the
crime call for the imposition of reclusion perpetua only, there being no
ordinary aggravating circumstance, the proper amounts should be
P75,000.00 as civil indemnity, P75,000.00 as moral damages, and
P75,000.00 as exemplary damages." Also in consonance with prevailing
jurisprudence, the amount of damages awarded shall earn interest at the rate
of six percent (6%) per annum from the finality of this judgment until said
amounts are fully paid.
Over and above the foregoing, We observe that despite the clear intent
of R.A. No. 7610 to provide for stronger deterrence and special protection
against child abuse, the penalty for violation of Section 5(b) of R.A. No.
7610 [reclusion temporal medium] when the victim is under 12 years old is
lower compared to the penalty [reclusion temporal medium to reclusion
perpetua] when the victim is 12 years old and below 18. The same holds true
if the crime of acts of lasciviousness is attended by an aggravating
135
Supra note 13.
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