This case has been cited 3 times or more.
|
2015-02-25 |
PERLAS-BERNABE, J. |
||||
| The downgrading of Casas's conviction in Crim. Case No. 136842 results in the deletion of the award of P30,000.00 in exemplary damages.[39] Further, keeping with recent jurisprudence, the Court is impelled to increase the award of moral damages from P30,000.00 to P75,000.00,[40] as well as delete the award of P12,500.00 in actual damages and, in lieu thereof, award temperate damages in the higher amount of P25,000.00.[41] The Court also perceives error in the award of P37,200.00 in loss of earning capacity since the established formula thereof was incorrectly applied. | |||||
|
2014-01-15 |
BERSAMIN, J. |
||||
| The Court needs to raise the civil indemnity from P50,000.00 to P75,000.00 in order to conform to the current judicial policy on the matter.[21] The other awards of civil liability are sustained because of the absence of any challenge against them. | |||||
|
2012-06-13 |
BRION, J. |
||||
| The CA correctly imposed the penalty of reclusion perpetua there being no mitigating or aggravating circumstances established.[24] We find that the prosecution failed to establish that the aggravating circumstance of evident premeditation was present in the case. The prosecution failed to prove the concurrence of the following requisites to establish evident premeditation: (1) the time when the offender was determined to commit the crime; (2) an act manifestly indicating that the offender clung to his determination; and (3) a sufficient interval of time between the determination and the execution of the crime to allow him to reflect upon the consequences of his act. The prosecution failed to prove how and when the plan to kill the victim was planned and determined.[25] | |||||