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We find no legal impediment to increasing the award of moral and exemplary damages
in the case at bar. Neither is there any logical reason why we should differentiate
between the victims herein and those in that case, when the circumstances are
frighteningly similar. To do so would be to say that we discriminate one from the other,
when all of these women have been the victims of unscrupulous people who capitalized
on the poverty of others. While it is true that accused-appellant was not tried and
convicted of the crime of trafficking in persons, this Court based its award of damages
on the Civil Code, and not on the Anti-Trafficking in Persons Act, as clearly explained in
Lalli.
WHEREFORE, in view of the foregoing, the Decision of the Court of Appeals in CA-G.R.
CR-HC No. 00644-MIN dated 20 July 2010 is hereby AFFIRMED with
MODIFICATIONS. Accused-appellant Bernadette Pansacala a.k.a. “Neneng Awid” is
ORDERED to pay AAA and BBB the sum of P500,000 each as moral damages and
P100,000 each as exemplary damages and to pay the costs.
SO ORDERED.
Carpio, (Chairperson), Brion, Perez, and Reyes, JJ., concur.
[1] Rollo, pp. 3-18; penned by Associate Justice Leoncia R. Dimagiba, with Associate
Justices Edgardo A. Camello and Nina G. Antonio-Valenzuela concurring.
[2] Rollo, p. 4.
[3] The real names of private complainants were disclosed in the proceedings before the
Regional Trial Court and the Court of Appeals. However, pursuant to Section 6 of R.A.
9208 or the Anti-Trafficking in Persons Act of 2003, the real names of private
complainants herein are withheld and replaced with fictitious initials to protect their
identity. While the case was not prosecuted under R.A. 9208, the policy behind the
confidentiality provision – to protect human dignity – is nevertheless applicable to the
case at bar.
[4] Rollo, pp. 6-7.
[5] CA rollo, pp. 21-43.
[6] Id. at 43.
[7] At the time of the conviction, the amount of the fine imposed by R.A. 8042 was not
less than P500,000 and not more than P1 million. It was later amended by R.A. 10022,
which was passed on 8 March 2010.
[8] Rollo, p. 18.
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