SALVADOR FLORDELIZ Y ABENOJAR, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

[G.R. No. 186441 : March 03, 2010]

The ones with the % signs are the ones that got changed theyre just
minimal.
**Scene one: (changed a bit)
*slide one* just text Case Digest
*Slide two* just text Salvador Flordeliz y Abenojar, petitioner
%*slide three* versus
*slide four* just text People of the Philippines, respondent
Scene two:
*slide one* IMPORTANT in pretty big text and in bold: FACTS OF THE CASE
*slide two* March 1995 (just to show the date)
*Slide three* show Mother. (ABC), Dialogue: Goodbye, be good girls and wait for
me to comeback. Call me whenever you need to. I love you.
*slide four* show two girls AAA and BBB, Dialogue: Goodbye mom!
*slide five* showing a plane (if possible) going toward the geographical map of
Malaysia
Scene three:
*slide one* April 1995
*slide two* Show Quezon Hill. Caption: Flordelizs Residence
*slide three* Show father on top of daughter in a bed (AAA) (as long as it looks like
it) kahit yung bed lang no need for bg. Dialogue: Father, please dont insert your
fingers in my vagina, Im only 11 years old it hurts.
*slide four* Show father, Dialogue: If you dare tell anyone about this, I will harm
you
*slide five* Just text. and the same events transpired over a period of time
Scene four: (changed a bit)
*slide one* Just text. Petitioner and his daughters transferred residence and lived
with the petitioners siblings

*slide two*Show **if possible a simple building with Muntinlupa Jail written. If not,
just text. Petitioner was convicted of homicide and was imprisoned in Muntinlupa
city
*slide three* show AAA and BBB. Text: AAA and BBB lived with their grandparents
in La Trinidad, Benguet
*slide four* show two girls (AAA & BBB) at the left side of the slide. Show father at
the right side. Text: AAA and BBB visited their father occasionally with cards
containing the words
*slide five* {one by one} happy valentines, ur the best dad in the world, I love
you Papa, love BBB, love BJ til we meet again
Scene five: (changed a bit)
*slide one* Just text: In 2001, petitioner was released on parole. He would
frequently fetch AAA & BBB from their grandparents house during weekends and
holidays
*slide two* show father in the middle. Text: Petitioner started molesting BBB by
inserting his two fingers at the start of 2003 on these occurrences and dates
*slide three* show daughter (BBB) in the middle. Text: one by one New Year
January 3, 2003 January 4, 2003 February 8, 2003 August 3, 2003 October
26,2003 day before AAAs birthday November 1, 2003 November 2, 2003 All
Saints Day December 28,2003
*slide four* show BBB. Dialogue: I did not say anything; I did not stop him, all
because of fear % of my life and my mothers life.
Scene six:
*slide one* Just text: When their mother, ABC, arrived for a vacation AAA and BBB
told her
*slide two* show daughters (AAA & BBB). Dialogue: mom, dad harassed us when
you werent around
*slide three* show mother (ABC) Dialogue: im sorry I wasnt there all throughout
your ordeal but Im here now and we will seek justice from the law.
Scene seven:
*slide one* show mother (ABC). Text: ABC sought out help from the National Bureau
of Investigations and after conducting medical examinations on AAA and BBB, the
attending physician remarked that there was a disclosure of sexual abuse and she

noted the presence of hymenal notch in posterior portion of hymenal rim may be
due to previous blunt force or penetrating trauma suggestive of abuse
*slide two* the findings therefore show that the petitioner was to be charged of the
crimes of Acts of Lasciciousness, commited against AAA, and nine counts of
Qualified Rape through Sexual Assault, commited against BBB, before the RTC. The
crime of acts of lasciviousness was allegedly
*slide three* just text. RTC rendered judgment against the accused.
*slide four*just text: CA affirmed.
*slide five* just text: The accused contends that the prosecution did not obtain a
strong evidence against him to get a conviction of guilt beyond reasonable doubt.

*slide six* He further contends that the testimonies of AAA and BBB are not
credible. He interposed the defense of denial and insisted that the charges against
him were fabricated by his wife to cover up the infidelity she committed while
working abroad
*slide seven*just text: Petitioner also relied on the testimonies of Florabel
Flordeliz, Levy Hope Flordeliz and Roderick Flordeliz, whose testimonies consisted
mainly of the alleged infidelity of ABC; and petitioner, being a good father, was
often visited by his daughters at his residence, where the rooms they occupied were
only separated by see-through curtains.
Scene eight:
*slide one* IMPORTANT in pretty big text: ISSUES OF THE CASE
Slide two* just text: Whether or not the charges for Acts of Lasciviousness and
Qualified Rape through Sexual Assault committed by the accused were properly
established on the account of the testimonies of the offended parties.
Scene nine:
LOWER COURT legal discussion and bases:
Art. 2217. Moral damages include physical suffering, mental anguish,
fright, serious anxiety, besmirched reputation, wounded feelings, moral
shock, social humiliation, and similar injury. Though incapable of
pecuniary computation, moral damages may be recovered if they are the
proximate result of the defendant's wrongful act for omission.
Art. 2219. Moral damages may be recovered in the following and analogous cases
(1) A criminal offense resulting in physical injuries;

(2) Quasi-delicts causing physical injuries;

(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in Article 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3
of this article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring the
action mentioned in No. 9 of this article, in the order named.
Art. 2220. Willful injury to property may be a legal ground for awarding moral
damages if the court should find that, under the circumstances, such damages are
justly due. The same rule applies to breaches of contract where the defendant acted
fraudulently or in bad faith.
. In Criminal Case No. 23145-R for Acts of Lasciviousness, the Indeterminate
Penalty of 6 months of Arresto Mayor as the minimum penalty to 6 years of Prision
Correccional as the maximum penalty and to indemnify the victim AAA the amount
of P20,000.00 as moral damages and to pay the costs.
The penalty shall also carry the accessory penalty of perpetual special
disqualification from the right of suffrage (Art. 43, Revised Penal Code)[.]
Article 1161. Civil obligations arising from criminal offenses shall be governed by
the penal laws, subject to the provisions of article 2177, and of the pertinent
provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of
this Book, regulating damages. (1092a)
In Criminal Cases Nos. 23072-R to 23080-R, the Indeterminate Penalty of twelve
(12) years of Prision Mayor as the minimum penalty to twenty (20) years of
Reclusion Temporal as the maximum penalty for each case or nine (9) counts of
sexual assault considering the aggravating/qualifying circumstance of relationship
against the accused and to indemnify BBB the amount of P75,000.00 as moral
damages and to pay the costs.
The penalties shall carry with them the accessory penalties of civil interdiction for
life and perpetual absolute disqualification (Art. 41, Revised Penal Code).
APPELLATE COURT DECISION:
The CA affirmed Flordeliz conviction with a modification of the amount of his civil
liabilitees
RATIO DECIDENDI

Whether the amount of civil liabilities of Flordeliz is correct.

SUPREME COURT DISCUSSON AND LEGAL BASES:
No, the CA is not correct.
For the crime of Acts of Lasciviousness, the guilt of Flordeliz has not been proven
beyond reasonable doubt with moral certainty.
For the crime of Rape, the guilt of Flordeliz has also not been proven beyond
reasonable doubt with more certainty and complete absence of evidence.
the victim of Rape through sexual assault is entitled to recover civil indemnity in the
amount of P30,000.00 for each count. This is mandatory upon a finding of the fact
of Rape.[40] Moreover, the award of moral damages is automatically granted without
need of further proof, it being assumed that a rape victim has actually suffered
moral damages entitling her to such award. She is, thus, entitled to recover moral
damages of P30,000.00 for each count. [41] In addition, the presence of the
aggravating circumstances of minority and relationship entitles her to an award of
exemplary damages. The amount of P30,000.00 for each count is appropriate under
the circumstances.

With respect to the lascivious conduct amounting to child abuse under Section 5(b)
of R.A. No. 7610 committed by petitioner, we impose a fine of P15,000.00. [53]
Civil indemnity ex delicto in the amount of P20,000.00 shall be awarded.
[54]
Additionally, upon a finding of guilt of the accused for acts of
lasciviousness, the amount of P15,000.00 as moral damages may be
awarded to the victim in the same way that moral damages are awarded
to victims of rape even without need of proof because it is assumed that
they suffered moral injury.[55] In view of the presence of the aggravating
circumstance of relationship, the amount of P15,000.00 as exemplary
damages should likewise be awarded.