Posted: March 24, 2017 in Uncategorized



AAA was fetched by her father at her grandmother’s house to live with him and his family. At around 10:00pm, she went home after watching television from their neighbor’s house. Afterwards, she slept beside her two siblings. While she was sleeping, she woke up when she felt someone kissing her lips. She opened her eyes and recognized that it was her father. When she resisted the sexual advances, he pointed a knife at her. He succeeded his lewd intentions.AAA narrated to her stepmother how the appellant sexually abused her. The Barangay officers brought appellant to the police station. The appellant denied having committed the crime of rape against his own daughter.

RTC found appellant guilty beyond reasonable doubt of the crime of simple rape. RTC did not give credence to the defense offered by the appellant which consisted merely of his bare denial. The appellant was ordered to pay the following amounts:

  1. 75,000 as civil indemnity
  2. 75,000 as moral damages

CA affirmed the conviction with modification which reduced the amount of civil indemnity and moral damages awarded and ordering the payment of exemplary damages to the victim, AAA, after taking into consideration the assignment of error stated by the appellant in his appellant’s brief.


Whether CA erred in reducing civil indemnity and moral damages awarded and ordering the payment of exemplary damages to the victim.


No. The Court agrees in the amount of civil indemnity, moral damages and exemplary damages which the appellate court awarded to the victim. Civil indemnity, which is actually in the nature of actual or compensatory damages, is mandatory upon the finding of the fact of rape.The case law also requires automatic award of moral damages to a rape victim without need of proof because from the nature of the crime, it can be assumed that she has suffered moral injuries entitling her to such award. Such award is separate and distinct from civil indemnity. The reduction of civil indemnity to P50,000.00 and moral damages to P50,000.00 is proper because the crime committed by the appellant is only simple rape. The award of P25,000.00 as exemplary damages to AAA is likewise proper in order to deter other fathers with perverse tendencies or aberrant sexual behaviors from sexually abusing their own daughters


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