Wednesday, January 20, 2021
Infanticide; monetary awards
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. GIRALYN P. ADALIA ACCUSED-APPELLANT. G.R. No. 235990, January 22, 2020 .
“x x x.
On the monetary awards, People v. Jugueta109 pronounced:
I. For those crimes like, Murder, Parricide, Serious Intentional Mutilation, Infanticide, and other crimes involving death of a victim where the penalty consists of indivisible penalties:
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2.1 Where the penalty imposed is reclusion perpetua, other than the above-mentioned:
a. Civil indemnity - P75,000.00
b. Moral damages - P75,000.00
c. Exemplary damages - P75,000.00
Thus, the Court of Appeals' awards of civil indemnity, moral damages, and exemplary damages should be reduced from P100,000.00 each to P75,000.00 each.
The Court of Appeals also correctly awarded P50,000.00 as temperate damages. Obviously, expenses were made in order to put the child's body to rest. People v. Gervero, et al.110 ruled:
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x x x It was also ruled in Jugueta that when no documentary evidence of burial or funeral expenses is presented in court, the amount of P50,000.00 as temperate damages shall be awarded. In addition, interest at the rate of six percent per annum shall be imposed on all monetary awards from the date of finality of this decision until fully paid. (Emphasis supplied)
X x x."