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Lex Traditia |
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Complainant in Rape Case, Automatically Entitled to Civil Indemnity and Moral Damages, and Exemplary Damages if Attended by Aggravating Circumstance. In accordance with jurisprudential law, the complainant in a rape case is entitled to civil indemnity, which is actually in the nature of actual or compensatory damages, in the amount of P50,000.00, as well as moral damages in the amount of P50,000.00. Civil indemnity and moral damages are automatically granted once the fact of rape has been established. Exemplary damages are awarded under Article 2230 of the Civil Code if there is an aggravating circumstance, whether ordinary or qualifying. Since the commission of the rape was attended by the qualifying circumstance of use of a deadly weapon, exemplary damages of P25,000.00 should also be given to the complainant. (PEOPLE vs. DE LA TORRE et al., G.R. Nos. 121213 and 121216-23, January 13, 2004) Enter here for complete text. Download Supreme Court of the Philippines Jurisprudence here. Download Philippine Laws, Issuances and Circulars here. EO 52, PD 46, PD 1602, PD 1613, RA 7796, RA 7844, RA 7975, RA 8369, RA 8533, RA 8552,
RA 8559, RA 8560, RA 8791, RA 9225, RA 9255,
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