4/10/2020
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The payment of P500,000 as moral damages and P100,000 as exemplary
damages for the crime of Trafficking in Persons as a Prostitute finds basis in
Article 2219 of the Civil Code, which states:
Art. 2219. Moral damages may be recovered in the following and
analogous cases:
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in Article 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29,
30, 32, 34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to
in No. 3 of this article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring
the action mentioned in No. 9 of this article, in the order named.
The criminal case of Trafficking in Persons as a Prostitute is an
analogous case to the crimes of seduction, abduction, rape, or other
lascivious acts. In fact, it is worse. To be trafficked as a prostitute
without one’s consent and to be sexually violated four to five times
a day by different strangers is horrendous and atrocious. There is no
doubt that Lolita experienced physical suffering, mental anguish,
fright, serious anxiety, besmirched reputation, wounded feelings,
moral shock, and social humiliation when she was trafficked as a
prostitute in Malaysia. Since the crime of Trafficking in Persons was
aggravated, being committed by a syndicate, the award of exemplary
damages is likewise justified. (Emphasis supplied.)
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