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XVI.

DAMAGES
QamaEes
unaffected bv the Anti-Death Penaltv Law
"We would like to stress that even if the death
penalty
is not to be imposed
on the appellant because of the
prohibition
in RA No. 9346, the award of
damages under prevailing jurisprudence
is not affected. This award is not
dependent on the actual imposition of the death penalty,
but on the fact that
the qualifying
circumstances warranting the imposition of the death penalty
attended the commission of the offense. (People vs Filomeno Villanueva,
April 14 2oo7)