This case has been cited 2 times or more.
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2002-03-11 |
QUISUMBING, J. |
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| A final word on damages. The trial court awarded the surviving heirs of the victims P250,000 by way of funeral and other expenses and as actual damages. In these cases, the prosecution failed to present any receipts to substantiate their claims for expenses allegedly incurred. To be entitled to such damages, it is necessary to prove the actual amount of loss with reasonable degree of certainty, premised upon competent proof and on the best evidence available to the injured party.[61] However, as the heirs of the victims did actually incur funeral expenses, we are justified in awarding P10,000 not for purposes of indemnification, but by way of temperate damages, in each case.[62] | |||||
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2001-09-13 |
MENDOZA, J. |
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| With respect to the items of damages awarded by the trial court, we find the award of indemnity in the amount of P50,000.00 in favor of the heirs of the victim to be in accord with recent rulings of this Court.[34] However, we find the amount of P30,000.00 awarded as nominal damages to be excessive and should therefore be reduced. The amount of P15,000.00 would be appropriate considering that the heirs of the victim actually incurred hospital and funeral expenses as a result of the victim's death, although the exact amount thereof has not been adequately shown.[35] The amount of moral damages awarded should likewise be reduced to P50,000.00 in accordance with the current case law.[36] | |||||