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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