In summary:
I. For those crimes106 like, Murder,107 Parricide,108 Serious Intentional Mutilation,109 Infanticide,110 and other crimes involving death of a victim where the penalty consists of indivisible penalties:
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
ii. Moral damages – ₱75,000.00
iii. Exemplary damages – ₱75,000.00
ii. Exemplary damages – ₱50,000.00
iii. Exemplary damages – ₱50,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
ii. Moral damages – ₱50,000.00
iii. Exemplary damages – ₱50,000.00
ii. Moral damages – ₱25,000.00
iii. Exemplary damages – ₱25,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages111 – ₱100,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
b. Moral damages – ₱25,000.00
c. Exemplary damages – ₱25,000.00
III. For Complex crimes under Article 48 of the Revised Penal Code where death, injuries, or sexual abuse results, the civil indemnity, moral damages and exemplary damages will depend on the penalty, extent of violence and sexual abuse; and the number of victims where the penalty consists of indivisible penalties:
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
The above Rules apply to every victim who dies as a result of the crime committed. In other complex crimes where death does not result, like in Forcible Abduction with Rape, the civil indemnity, moral and exemplary damages depend on the prescribed penalty and the penalty imposed, as the case may be.
IV. For Special Complex Crimes like Robbery with Homicide,113 Robbery with Rape,114 Robbery with Intentional Mutilation,115 Robbery with
Arson,116 Rape with Homicide,117 Kidnapping with Murder,118 Carnapping with Homicide119 or Carnapping with Rape,120 Highway Robbery with Homicide,121 Qualified Piracy,122 Arson with Homicide,123 Hazing with Death, Rape, Sodomy or Mutilation124 and other crimes with death, injuries, and sexual abuse as the composite crimes, where the penalty consists of indivisible penalties:
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
In Robbery with Intentional Mutilation, the amount of damages is the same as the above if the penalty imposed is Death but reduced to reclusion perpetua although death did not occur.
1.2 For the victims who suffered mortal/fatal wounds125 and could have died if not for a timely medical intervention, the following shall be awarded:
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
2.2 For the victims who suffered mortal/fatal wounds and could have died if not for a timely medical intervention, the following shall be awarded:
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
b. Moral damages – ₱25,000.00
c. Exemplary damages – ₱25,000.00
In Robbery with Physical Injuries,126 the amount of damages shall likewise be dependent on the nature/severity of the wounds sustained, whether fatal or non-fatal.
The above Rules do not apply if in the crime of Robbery with Homicide, the robber/s or perpetrator/s are themselves killed or injured in the incident.1âwphi1
Where the component crime is rape, the above Rules shall likewise apply, and that for every additional rape committed, whether against the same victim or other victims, the victims shall be entitled to the same damages unless the other crimes of rape are treated as separate crimes, in which case, the damages awarded to simple rape/qualified rape shall apply.
V. In other crimes that result in the death of a victim and the penalty consists of divisible penalties, i.e., Homicide, Death under Tumultuous Affray, Infanticide to conceal the dishonour of the offender,127 Reckless Imprudence Resulting to Homicide, Duel, Intentional Abortion and Unintentional Abortion, etc.:
b. Moral damages – ₱50,000.00
1.2 Where the crime committed was not consummated, except those crimes where there are no stages, i.e., Reckless Imprudence and Death under tumultuous affray:
ii. Moral damages – ₱30,000.00
ii. Moral damages – ₱20,000.00
If an aggravating circumstance was proven during the trial, even if not alleged in the Information,128 in addition to the above mentioned amounts as civil indemnity and moral damages, the amount of ₱50,000.00 exemplary damages for consummated; ₱30,000.00 for frustrated; and ₱20,000.00 for attempted, shall be awarded.
VI. A. In the crime of Rebellion where the imposable penalty is reclusion perpetua and death occurs in the course of the rebellion, the heirs of those who died are entitled to the following:129
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00130
B. For the victims who suffered mortal/fatal wounds in the course of the rebellion and could have died if not for a timely medical intervention, the following shall be awarded:
b. Moral damages – ₱75,000.00
c. Exemplary damages – ₱75,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱50,000.00
VII. In all of the above instances, when no documentary evidence of burial or funeral expenses is presented in court, the amount of ₱50,000.00 as temperate damages shall be awarded.
EN BANC
April 5, 2016
G.R. No. 202124
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
vs.
IRENEO JUGUETA, Accused-Appellant.
vs.
IRENEO JUGUETA, Accused-Appellant.
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