G.R. No. 126575 - THE PEOPLE OF THE PHILIPPINES, VS. OMAR MEDINA Y LUMBERIO, ACCUSED-.

Ruling

accordingly be punished with reclusion perpetua. [38] As regards the indemnity, moral and exemplary damages awarded by the trial court, we find the same to be proper. In the recent case of People v. Prades, [39] it was ruled that the award of moral damages to the victim is proper even if there was no proof presented during the trial as basis therefor. The circumstance of relationship between the offender and the victim as an aggravating circumstance becomes necessary in the matter of awarding civil damages. [40] The award of exemplary damages by the trial court is correct since the complainant has been correctly granted compensatory damages. Exemplary damages may be awarded in criminal cases when the crime was committed with one or more aggravating circumstances after proof that the offended party is entitled to moral, temperate or compensatory damages. [41] WHEREFORE, the judgment of conviction against accused-appellant Omar L. Medina rendered by the Regional Trial Court of Parañaque, Metro Manila, Branch 259, in Criminal Cases Nos. 95-710 to 713, is hereby MODIFIED only relative to the death penalty for each of the four (4) counts of rape and is hereby REDUCED to RECLUSION PERPETUA. SO ORDERED.