' 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 '

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents