G.R. Nos. 134122-27 - PEOPLE OF THE PHILIPPINES, VS. PEPITO ALAMA MAGDATO, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

accordingly be imposed. In line with prevailing jurisprudence, however, the damages as well as the amount thereof must be modified. The trial court ordered PEPITO to pay CHERRY ANN the amount of P 50,000 for the "civil aspect" and the amount of P 20,000, as exemplary damages in each count of rape. The trial court may have in mind the indemnity for rape when it spoke of "civil aspect." Pursuant, however, to People v. Victor , [21] the amount of P50,000 as indemnity should be increased to P 75,000 for each count of rape, since the offense is qualified by circumstances under which the death penalty is now authorized to be imposed by law. In addition, as held in People v. Prades , [22] the amount of P 50,000 as moral damages must also be awarded to the victim for each count of rape without need for pleading or proof of the basis thereof. The fact that the complainant in rape has suffered the trauma of mental physical and psychological sufferings which constitute the basis for moral damages are too obvious to still require recital thereof at the trial by the victim since we assume and acknowledge such agony one her part as a gauge of her credibility. The award of exemplary damages in the amount of P20,000 is in order. [23] WHEREFORE the assailed decision, dated 5 May 1998 of Branch 1 of the Regional Trial Court of Legazpi City, 5th Judicial Region, in Criminal Cases Numbered 7658-63 to 7663, inclusive, finding accused-appellant PEPITO ALAMA MAGDATO guilty beyond reasonable doubt, as principal, of six (6) counts of rape under Article 335 of the Revised Penal Code, as amended by R.A. 7659, and sentencing him to the penalty of death in each case is hereby AFFIRMED, with the MODIFICATION that accused-appellant is ordered to pay in each case the offended party, Cherry Ann Magdato, the amount of P 75,000 as indemnity and P 50,000 as moral damages, in addition to the award of P 20,000 as exemplary damages. Upon finality of this decision, let certified true copy thereof, as well as of the records of these cases, be forthwith forwarded to the Office of the President for possible exercise by the President of his pardoning power pursuant to Article 83 of the Revised Penal Code, as amended by Section 25 of R.A. No. 7659. Costs de oficio. SO ORDERED.