February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 195420 : February 22, 2012]
PEOPLE OF THE PHILIPPINES v. JESUSIMO MALLO ALIAS "LILOY"
G.R. No. 195420 (PEOPLE OF THE PHILIPPINES v. JESUSIMO MALLO alias "LILOY"). - Considering the issues and arguments presented in the appeal, the Court resolves to DENY the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision dated May 29, 2009 as to warrant the exercise of the Court's appellate jurisdiction.
We note that the CA modified the Regional Trial Court's decision by awarding PhP 50,000 as civil indemnity, PhP 50,000 as moral damages, and PhP 25,000 as exemplary damages.[1] We have held, however, in People v. Combate that "when the circumstances surrounding the crime call for the imposition of reclusion perpetua only, x x x the proper amounts should be PhP 50,000 as civil indemnity, PhP 50,000 as moral damages, and PhP 30,000 as exemplary damages."[2]
Accordingly, We increase the award of exemplary damages to PhP 30,000, with an interest of six percent (6%) per annum on the total amount of damages awarded from finality of judgment until fully paid, in line with Our current jurisprudence.cralaw
IN VIEW OF THE FOREGOING, the CA Decision dated May 29, 2009 in CA-G.R. CR-H.C. No. 00453-MIN finding Jesusimo Mallo alias "Liloy" guilty of the crime of rape is hereby AFFIRMED, with MODIFICATION as to the penalties to conform to existing jurisprudence. As modified, Mallo is ordered to pay PhP 50,000 as civil indemnity, PhP 50,000 as moral damages, and PhP 30,000 as exemplary damages, with an interest of six percent (6%) per annum from the date of finality of judgment until fully paid.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court
Endnotes:
[1] Rollo, p. 27.[2] G.R. No. 189301, December 15, 2010, 638 SCRA 797, 823; citing People v. Sanchez, G.R. No. 131116, August 27, 1999, 313 SCRA 254; cited in People v. Gabrino, G.R. No. 189981, March 9, 2011, 645 SCRA 187, 204.