G.R. No. 170342 - ALLAN DIZON Y AQUI, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly in imposing on him the penalty of reclusion perpetua . As regards the damages awarded and their corresponding amounts, we agree with the Court of Appeals that AAA is entitled to the amount of P50,000.00 as civil indemnity and another P50,000.00 as moral damages. Consistent with prevailing jurisprudence, the victim in simple rape cases is entitled to an award of P50,000.00 as civil indemnity and another P50,000.00 as moral damages. [38] In criminal cases, exemplary damages may be imposed on the offender as part of the civil liability when the crime was committed with one or more aggravating circumstances. [39] Nonetheless, it is required that the aggravating circumstance/s be alleged in the information and proved during the trial. [40] As earlier stated, the minority of the victim and her relationship with the offender, as well as the use of a deadly weapon in the commission of rape, is an aggravating/qualifying circumstance in the crime of rape. Minority and relationship must both be alleged in the information and proved during the trial in order to be appreciated as an aggravating/qualifying circumstance. [41] While the information in the instant case alleged that AAA was a minor during the incident, there was no allegation that petitioner was her parent, ascendant or relative. Also, there was no allegation that petitioner raped AAA with the use of a deadly weapon. Thus, the award of exemplary damages in the instant case is not warranted. WHEREFORE , the instant Petition is hereby DENIED . The Decision, dated 1 September 2005, and Resolution, dated 7 November 2005, of the Court of Appeals in CA-G.R. CR-H.C. No. 00615 are hereby AFFIRMED in toto . SO ORDERED.