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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