G.R. No. 186496 – PEOPLE OF THE
Promulgated: August 25, 2009
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CONCURRING AND DISSENTING OPINION
CARPIO MORALES, J.:
I
concur in the Decision, but disagree with the deletion of the award of
exemplary damages.
Emphatic on AAA’s minority in
sustaining appellant’s conviction, the majority paradoxically overlooks the
same in deleting the award of exemplary damages. Consistent with the Court’s latest
pronouncements in People v. Sia,[1] People v. Wasit,[2] and People
v. Cruz,[3] all
unanimously decided, I subscribe to the view that exemplary damages should be
awarded in rape cases where the victim is a minor without need for any other
circumstance to concur with minority, in order to deter individuals with
perverse tendencies from sexually abusing young children. The application of Article 2230 of the Civil
Code strictissimi juris in such
cases, as in the present one, defeats
the underlying public policy behind the award of exemplary damages – to set a
public example or correction for the public good.
I,
therefore, vote to AFFIRM the appellate court’s award of exemplary damages.
CONCHITA
CARPIO MORALES
Associate Justice