7/24/2019 Persons_M95 Dempsey v Rtc
2/3
nd >ne of Three hundred ?P*00(00@ Pesos for each ofhe cases
and to pay the costs(
or the ciil liability, Aud.ent is rendered a.ainstccused oel
$epsey con>rin. the payent of US150(00 onthly support to
!hristina arie and toontinue payent thru analita Rapada, to be
usedolely for the needs of the child until she reaches the.e of
aAorityL to reco.niFe the child !hristina aries his natural childL
to pay !hristina arie thru analitaapada the su of P10,000(00 as
eGeplary daa.eLnd to pay the su of P5,000(00 as attorneyHs fee
to
tty( anuel Rosapapan as !hairan of the !oitteen 3e.al -id of the
#6P !hapter of 8abales Olon.apoty and the sae to for part of the
le.al aid fund(
O OR$ERE$( ?Rollo, pp( 2*+24@
he priate respondent appealed the unicipal trialourtHs decision
to the re.ional trial court and prayedhat the a:ard on ciil
liability be set aside and theenalty of iprisonent be reduced to a
penalty of >nenly(
a decision rendered on &oeber 2, 1/nd erit in the instant
petition(
he respondent court coitted reersible error :henfailed to taCe
into account that the decision of theunicipal trial court :as based
on the priate
espondentHs plea of .uilty( Respondent oel $epseyd not and does
not challen.e the alidity ofresidential $ecree &o( ne not
eGceedin. t:o hundred pesos or both,unless a hi.her penalty is
proided for in the ReisedPenal !ode or special la:s(
The respondent court erred in its rulin. that the trialcourt
deterined a atter not :ithin its copetence
and authority( There is liCe:ise no basis for its.ratuitous
>ndin. that a parent cannot be heldcriinally liable under P($(
ed that she is receiin. J150(00onth for the support of the inor
!hristina arie$epsey( The aount of P*,000(00 onthly appears
ful>ll the reDuireent of =adeDuate support= found inPar( , -rt(
4< of P($( &o(
