Philippine Supreme Court Resolutions > Year 2010 > February 2010 Resolutions > [G.R. No. 170850 : February 24, 2010] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE VS. DENNIS M. MALIWAT, ACCUSED-APPELLANT :

Quoted hereunder, for your information,  is a resolution of this Court dated 24 February 2010:

G.R. No. 170850 - THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee -versus- DENNIS M. MALIWAT, accused-appellant

Considering the issues and arguments raised, the Court resolves to affirm with modification the decision of the Court of Appeals dated September 16, 2005 in CA-G.R. CR-H.C. No. 00919 for failure to show any reversible error. The appellate court found accused-appellant Dennis M. Maliwat guilty beyond reasonable doubt: as against victim AAA, of two (2) counts of rape; as against BBB, of one (1) count of forcible abduction with rape and of one (1) count of robbery. In terms of civil liabilities, the appellate court awarded AAA, P100,000.00 as civil indemnity and P100,000.00 as moral damages in Criminal Case Nos. 95-378 and 95-381; and BBB, P45.00 as actual damages.

In line with the applicable law and jurisprudence, we modify the appellate court's awards of civil liabilities, as follows:

(1) In Criminal Case No. 95-378 and Criminal Case No. 95-381 (for two (2) counts of rape), the victim AAA is additionally awarded P25,000.00 as exemplary damages for each case in line with Article 2230 of the Civil Code and our ruling in People v. Catubig (G.R. No.  137842, August 23, 2001) in view of the presence of the generic aggravating circumstances of the use of deadly weapon and ignominy; and

(2) In Criminal Case No. 95-379 for forcible abduction, the victim BBB is awarded P30,000.00   as moral damages in line with our rulings in People v. Egan (G.R. No. 139338, May 28, 2002) and People v. Tayag (G.R. No. 132053, March 31, 2000).

WHEREFORE, premises considered, we AFFIRM with MODIFICATION the decision dated September 16, 2005 of the Court of Appeals in CA-G.R. CR-H.C. No. 00919. The accused-appellant is additionally ordered to pay the victims: (1) P25,000.00 as exemplary damages for each count of rape in Criminal Case No. 95-378 and Criminal Case No. 95-38; and (2) P30,000.00 as moral damages Criminal Case No. 95-379 for forcible abduction.

SO ORDERED.

WITNESS the Honorable Antonio T. Carpio, Chairperson, Honorable Arturo D. Brion, Mariano C. Del Castillo, Roberto A. Abad and Jose P. Perez, Members, Second Division, this 24^th day of February, 2010.