December 2009 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[G.R. No. 171269 : January 29, 2008] PEOPLE OF THE PHILIPPINES, APPELLEE, V. VICENTE QUEBRAL DIMABAYAO, APPELLANT. :
[G.R. No. 171269 : January 29, 2008]
PEOPLE OF THE PHILIPPINES, APPELLEE, V. VICENTE QUEBRAL DIMABAYAO, APPELLANT.
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated January 29, 2008
G.R. No. 171269 - PEOPLE OF THE PHILIPPINES, appellee, v. VICENTE QUEBRAL DIMABAYAO, appellant.
After a careful review of the records of the case, we find no reversible error in the assailed Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 01186. In view, however, of the passage of Republic Act (R.A.) No. 9346 entitled "An Act Prohibiting the Imposition of Death Penalty in the Philippines" signed into law on June 24, 2006, the penalty of death cannot be imposed. Accordingly, the penalty imposed upon appellant is reduced from death to reclusion perpetua without eligibility for parole.
As to civil liability, we affirm the award of P75,000.00 as civil indemnity since the crime is qualified by circumstances which warrant the imposition of the death penalty. The award of moral damages from P50,000.00 to P75,000.00 is consistent with prevailing jurisprudence. Moral damages, separate and distinct from civil indemnity, are automatically granted in rape cases. They are awarded without the need of proof other than the fact of rape itself because it is assumed that the victim has suffered moral injuries entitling her to such an award. Finally, the award of exemplary damages in the amount of �25,000.00 is in order due to the presence of qualifying circumstances of minority and relationship.
WHEREFORE, we AFFIRM with MODIFICATION the Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 01186. The penalty of death imposed on appellant is reduced to reclusion perpetua for each of the two counts of rape, without eligibility for parole pursuant to R.A. No. 9346. Appellant is ordered to pay the victim, AAA, the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages and P25,000.00 as exemplary damages on each count of rape.
Nazario, J., on official leave.
G.R. No. 171269 - PEOPLE OF THE PHILIPPINES, appellee, v. VICENTE QUEBRAL DIMABAYAO, appellant.
After a careful review of the records of the case, we find no reversible error in the assailed Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 01186. In view, however, of the passage of Republic Act (R.A.) No. 9346 entitled "An Act Prohibiting the Imposition of Death Penalty in the Philippines" signed into law on June 24, 2006, the penalty of death cannot be imposed. Accordingly, the penalty imposed upon appellant is reduced from death to reclusion perpetua without eligibility for parole.
As to civil liability, we affirm the award of P75,000.00 as civil indemnity since the crime is qualified by circumstances which warrant the imposition of the death penalty. The award of moral damages from P50,000.00 to P75,000.00 is consistent with prevailing jurisprudence. Moral damages, separate and distinct from civil indemnity, are automatically granted in rape cases. They are awarded without the need of proof other than the fact of rape itself because it is assumed that the victim has suffered moral injuries entitling her to such an award. Finally, the award of exemplary damages in the amount of �25,000.00 is in order due to the presence of qualifying circumstances of minority and relationship.
WHEREFORE, we AFFIRM with MODIFICATION the Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 01186. The penalty of death imposed on appellant is reduced to reclusion perpetua for each of the two counts of rape, without eligibility for parole pursuant to R.A. No. 9346. Appellant is ordered to pay the victim, AAA, the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages and P25,000.00 as exemplary damages on each count of rape.
Nazario, J., on official leave.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
