The litmus test xxx in the determination of the civil indemnity is the heinous character of the crime committed, which would have warranted the imposition of the death penalty, regardless of whether the penalty actually imposed is reduced to reclusion perpetua

We have consistently ruled that:

            The litmus test xxx in the determination of the civil indemnity is the heinous character of the crime committed, which would have warranted the imposition of the death penalty, regardless of whether the penalty actually imposed is reduced to reclusion perpetua.[149]

Likewise, the fact that the offender was still a minor at the time he committed the crime has no bearing on the gravity and extent of injury suffered by the victim and her family.[150] The respective awards of civil indemnity and moral damages in the amount of P75,000.00 each are, therefore, proper.[151]

Accordingly, despite the presence of the privileged mitigating circumstance of minority which effectively lowered the penalty by one degree, we affirm the damages awarded by the Court of Appeals in the amount of P75,000.00 as civil indemnity and P75,000.00 as moral damages.  And, consistent with prevailing jurisprudence,[152] the amount of exemplary damages should be increased from P25,000.00 to P30,000.00.

http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/182239.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Children and Women, Penalties, Rape and tagged . Bookmark the permalink.

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