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Torts and Damages Case Digest: People v. Bagayong (1998)

G.R. No. 126518  December 2, 1998
Lessons Applicable: Proof and Proximate Cause (Torts and Damages)
Laws Applicable: 

  • May 14, 1978: Alberto Cauan and Leticia Yu Cauan got married
    • begot 3 children: Albert, Honeylet and Arlene 
  • 1983: When Alberto and Leticia separated, Albert and Arlene stayed with Leticia while Honeylet stayed with her grandmother Anita Yu
  • Leticia cohabited with Rodelio Bugayong a.k.a. “BOY” which bore a child Catherine Bugayong
  • October 15, 1994: Boy asked Arlene , 11-years old, to hold his penis and when it was already hard and stiff placed it inside the mouth of Arlene and a white substance came out.  This was in the presence of Catherine who was 6 years old who was the one who told Leticia.  Leticia filed complained with the NBI.  Arlene testified that Boy had been doing the same since she was 9 years old.  They were times when Boy would insert his penis and when the white substance came out, he would pull it out. 
  • RTC: guilty of the crime of Acts of Lasciviousness committed on October 15, 1994 and he is hereby sentenced to suffer an indeterminate penalty of 6 months of arresto mayor as minimum to 4 years and 2 months of prision correccional as maximum, and of the crime of Rape he committed in 1993 for which he is sentenced to suffer the penalty of reclusion perpetua 
ISSUE: W/N moral damages may be awarded in a criminal proceeding without the need for pleading or proof
HELD: YES. AFFIRMED, with the MODIFICATION that Bugayong is ordered to pay Complainant Arlene Cauan P50,000 as indemnity and the additional amount of P50,000 as moral damages, or a total of P100,000
  • moral damages may additionally be awarded to the victim in the criminal proceeding, in such amount as the Court deems just, without the need for pleading or proof of the basis thereof as has heretofore been the practice