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194 – Moral Damages – Proof and Proximate Cause

(Nikki)

PEOPLE vs. RODELIO BUGAYONG

Case:

  The accused !D"#$! %&'!N' is here*+ found '&$#T of the crime of

 cts of #asci,iousness committed on !cto*er 1-. 1994 and he is here*+sentenced to suffer an indeterminate /enalt+ of six (0) months of arrestomayor  as minimum to four (4) +ears and to (2) months of prision correccional  as

maximum. and of the crime of a/e he committed in 1993 for hich he issentenced to suffer the /enalt+ of reclusion  perpetua

  5ence. this a//eal filed directl+ *efore this Court6-7

Facts:

•

8l*erto Cauan and #eticia u Cauan got married on Ma+ 14. 19: !ut of thismarital union the+ *egot three (3) children. namel+; #%"T. 5!N"#"T and #"N"6.7 the /ri,ate com/lainant herein

• The s/ouses l*erto and #eticia Cauan se/arated a+ *ack in 19:3 l*ert and

 rlene sta+ed ith their mother #eticia hile 5one+let sta+ed ith hergrandmother nita u

• #ater. l*erto and #eticia started li,ing together ith another oman and another

man res/ecti,el+. 6ith hom each of them7 raised another famil+ xxx

• #eticia coha*ited ith the accused !D"#$! %&'!N' and had one (1) child.

a minor *+ the name of CT5"$N" %&'!N'

•  8$n !cto*er 1994. !D"#$! %&'!N' had #"N" hold his /enis inside the

room he share6d7 ith #eticia t that time CT5"$N" %&'!N' ho assix (0) +ears old as also inside the same room and her father. the accused asletting her slee/

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• %uga+ong threatened to maim rlene if she 6did7 not hold his /enis <hen the

/enis as alread+ hard and stiff. he /laced it inside the mouth of rlene and ahite su*stance came out from the /enis The +oung girl CT5"$N"%&'!N' sa this incident

•  rlene testified that her ste/father had *een doing the same act hen she as

still in 'rade 3 and as nine +ears old

• =he also said that there ere occasions hen %&'!N' /la+ed first ith his

/enis then touched her ,agina ith his /enis until a hite su*stance 6came7 out6of7 it and that as the time %&'!N' ould /ull *ack his /enis. or in theords of rlene 8idinidikit at /ag ma+ luma*as saka inilala+o> <hen asked toex/lain hat she meant *+ 8idinidikit>. rlene said that the /enis of %&'!N'/artl+ entered 6her7 ,agina and she got hurt

• The trial court held that the accused ra/ed the ,ictim in 1993. not in 1994

• Damages as aarded to the /laintiff

$ssue; <!N damages ma+ *e aarded ithout 8*asis> or s/ecific /roof for such aard

5eld; es

• The trial court correctl+ con,icted him of statutor+ ra/e under rticle 33- (3) of 

the e,ised Penal Code Moreo,er. a//ellant is also guilt+ of acts of lasci,iousness committed on !cto*er 1-. 199-

• The trial court correctl+ aarded P-?.??? as indemnit+ ex delicto, an amount

hich is automaticall+ granted to the offended /art+ ithout need of further e,idence other than the fact of the commission of ra/e

  Consistent with recent jurisru!ence" ae##ant shou#! a#so $e or!ere! to

a% the &icti' the a!!itiona# a'ount o( P)*"*** as 'ora#!a'a+es. In People v. Prades",-/ the Court reso#&e! that 0'ora# !a'a+es

'a% a!!itiona##% $e awar!e! to the &icti' in the cri'ina# rocee!in+" insuch a'ount as the Court !ee's just" without the nee! (or #ea!in+ or roo( o( the $asis thereo( as has hereto(ore $een the ractice.1

  23EREFORE. the a//eal is here*+ DENIED and the assailed Decision

is AFFIRMED, ith the MODIFICATION  that //ellant odelio %uga+ong isordered to /a+ Com/lainant rlene Cauan P-?.??? as indemnit+ and the

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additional amount of P-?.??? as moral damages. or a total of P1??.??? Costsagainst the a//ellant