This case has been cited 3 times or more.
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2001-12-05 |
VITUG, J. |
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| The civil indemnity decreed by the trial court accords with prevailing jurisprudence. In addition, moral damages and exemplary damages must be held to be due. Article 2219(1) of the Civil Code ordains that moral damages may be recovered in a criminal offense resulting in physical injuries. In its generic sense, "physical injuries" includes death. Moral damages compensate for the mental anguish, serious anxiety and moral shock suffered by the victim and his family as being a proximate result of the wrongful act. An award requires no proof of pecuniary loss.[13] The presence of the aggravating circumstance of treachery[14] likewise warrants, under Article 2230 of the Civil Code, the payment of exemplary damages. | |||||
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2001-11-27 |
VITUG, J. |
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| The award made by the trial court of P50,000.00 civil indemnity conforms with prevailing jurisprudence. Additionally, moral damages and exemplary damages are due. Under paragraph (1), Article 2219 of the Civil Code, moral damages may be recovered in a criminal offense resulting in physical injuries. In its generic sense, "physical injuries" includes death. Moral damages compensate for the mental anguish, serious anxiety and moral shock suffered by the victim and his family as being a proximate result of the wrongful act. An award requires no proof of pecuniary loss.[8] The presence of the aggravating circumstance of treachery[9] likewise warrant the payment of exemplary damages.[10] | |||||
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2001-07-19 |
PARDO, J. |
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| However, pursuant to current jurisprudence, we deem it proper to give an additional award for moral damages to the heirs of the victim.[50] No proof of pecuniary loss is required in the assessment of moral damages, and the award is essentially by way of indemnity or reparation.[51] Article 2206 of the Civil Code provides that damages for death caused by a crime or quasi-delict can be awarded to the heirs of the victim by proof alone of such fact of death.[52] Moral damages are not awarded to punish the accused but to compensate for the mental anguish, serious anxiety, and moral shock suffered by the victim or his family as the proximate result of the wrongful act and they are recoverable where a criminal offense results in physical injuries which culminate in the death of the victim.[53] Incapable of exact pecuniary estimation, the assessment of such damages is left to the discretion of the court.[54] The award is not meant to enrich the victim at the expense of the accused. An award of fifty thousand pesos (P50,000.00) is commensurate to the emotional suffering of the heirs of the victim.[55] | |||||