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People v. Nurfrashir Hashim
People v. Nurfrashir Hashim
Nurfrashir Hashim
Facts
Issue
Ruling
Yes. Art. 2219, New Civil Code provides: 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 criminal case of Trafficking in Persons as a Prostitute is an analogous case to
the crimes of seduction, abduction, rape, or other lascivious acts. In fact, it is worse. To
be trafficked as a prostitute without one’s consent and to be sexually violated four to five times a
day by different strangers is horrendous and atrocious. There is no doubt that Lolita
experienced physical suffering, mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, and social humiliation when she was
trafficked as a prostitute in Malaysia. Since the crime of Trafficking in Persons was
aggravated, being committed by a syndicate, the award of exemplary damages is likewise
justified.
Petition granted.