This case has been cited 5 times or more.
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2004-01-20 |
QUISUMBING, J. |
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| In addition, however, we find it proper that temperate damages be awarded. Where the Court finds that some pecuniary loss has been incurred but the amount cannot be proved with certainty,[82] such as for medical services and the wake, temperate damages are appropriately given. Thus, in People v. Solamillo,[83] which involved robo con homicidio, the computation in People v. Abrazaldo,[84] fixing temperate damages at P25,000.00, which is half the amount of the indemnity ex delicto, was affirmed. | |||||
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2002-06-06 |
PANGANIBAN, J. |
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| The court a quo also erred in its civil award. Consistent with prevailing jurisprudence, we hold that complainant is entitled to P50,000 as indemnity ex delicto and another P50,000 as moral damages.[30] We strike out the award of P30,000 as actual damages because, as correctly pointed out by the Office of the Solicitor General, no proof was adduced by complainant to substantiate it.[31] In People v. Catubig,[32] we validated the award of moral damages to rape victims in the amount of P50,000 and explained that it "rests on the jural foundation that the crime of rape necessarily brings with it shame, mental anguish, besmirched reputation, moral shock and social humiliation to the offended party." The victim also "deserves to receive the amount of P50,000 [as] civil indemnity, the equivalent of compensatory damages."[33] | |||||
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2001-05-24 |
BUENA, J. |
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| With respect to the monetary awards, the civil indemnity of P50,000.00 awarded to each of the heirs of the two victims, as well as the additional P50,000.00 as moral damages each, are proper. The civil indemnity is automatically granted to the offended party or his heirs in the case of death, without need of further evidence other than the fact of the commission of the crime and the accused-appellants' culpability therefor.[27] On the actual damages of P150,000.00 awarded by the court a quo, the same lack evidentiary basis on the records.[28] No receipt or any document was presented in support thereof. Nonetheless, the amount of P15,000.00 as temperate damages would suffice in lieu of the unproven burial expenses.[29] In addition to such monetary awards, P50,000.00 as exemplary damages should have also been granted considering the presence of aggravating circumstances.[30] | |||||
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2001-01-31 |
MENDOZA, J. |
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| The trial court correctly held that there was no proof of evident premeditation since the requisites therefor, to wit, (a) the time when the accused determined to commit the crime; (b) an act manifestly indicating that the accused had clung to his determination; and (c) sufficient lapse of time between such determination and execution to allow him to reflect upon the consequence of his act,[66] have not been established in this case. | |||||
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2000-11-20 |
PARDO, J. |
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| Going now to the penalty, we need only to correct the trial court's award of P100,000.00 as moral damages. Current case law pegs the amount of moral damages awarded to the heirs of the victim in a murder case at P50,000.00.[19] | |||||