Decision
- 60 -
G.R. No. 227363
Damages
For the sake of consistency and uniformity, We deem it proper to
address the award of damages in cases of Sexual Assault under paragraph 2,
Article 266-A of the RPC in relation to Section 5(b) of R.A. No. 7610, and
Acts of Lasciviousness under Article 336 of the RPC in relation to Section
5(b) of R.A. No. 7610. Considering that the imposable penalties for the said
two crimes are within the range of reclusion temporal, the award of civil
indemnity and moral damages should now be fixed in the amount of
P50,000.00 each. The said amount is based on People v. Jugueta 130 which
awards civil indemnity and moral damages in the amount of P50,000.00
each in cases of homicide where the imposable penalty is reclusion
temporal. In case exemplary damages are awarded due to the presence of
any aggravating circumstance, to set a public example, or to deter elders
who abuse and corrupt the youth, then an equal amount of ?50,000.00
should likewise be awarded.
The said award of civil indemnity, moral damages and exemplary
damages should be distinguished from those awarded in cases of: (I) Acts of
Lasciviousness under Article 336 of the RPC where the imposable penalty is
prision correccional, the amount of civil indemnity and moral damages
should now be fixed at ?20,000.00 while exemplary damages, if warranted,
should also be P20,000.00; (2) Sexual Assault under paragraph 2, Article
266-A of the RPC where the imposable penalty is prision mayor, the award
of civil indemnity and moral damages should be fixed at ?30,000.00 each,
while the award of exemplary damages, if warranted, should also be
P30,000.00 pursuant to prevailing jurisprudence; 131 and (3) Lascivious
conduct under Section 5(b) of R.A. No. 7610, when the penalty of reclusion
perpetua is imposed, and the award of civil indemnity, moral damages and
exemplary damages is ?75,000.00 each.
The justification for the award of civil indemnity, moral damages and
exemplary damages was discussed in People v. Combate, 132 as follows:
First, civil indemnity ex delicto is the indemnity authorized in our
criminal law for the offended party, in the amount authorized by the
prevailing judicial policy and apart from other proven actual damages,
which itself is equivalent to actual or compensatory damages in civil law.
This award stems from Article I 00 of the RPC which states, "Every
person criminally liable for a felony is also civilly liable."
Civil liability ex delicto may come in the form of restitution,
reparation, and indemnification. Restitution is defined as the compensation
for loss; it is full or partial compensation paid by a criminal to a victim
130
Ill
U2
Supra note 13.
People v. Brioso, supra note 48; Rica/de v. People, 751 Phil. 793 (2015).
653 Phil. 487 (20 I 0).
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