This case has been cited 3 times or more.
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2000-10-10 |
PUNO, J. |
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| Actual or compensatory damages, on the other hand, cannot be presumed but must be duly proved with reasonable certainty for the court cannot rely on speculation, conjectures or guesswork as to the fact and the amount of damages.[41] In the case at bar, the prosecution did not substantiate its claim for actual damages, hence, we cannot allow the same.[42] | |||||
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2000-05-09 |
GONZAGA-REYES, J. |
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| As regards the civil liability, the amount of P50,000.00 for civil indemnity is upheld as it conforms with prevailing jurisprudence.[28] Actual damages cannot be awarded since the records show that the prosecution failed to substantiate the bare testimony of the widow, Paulino Ygot, with other corroborative evidence. The Court can only grant such amount for expenses if they are supported by receipts.[29] Moral damages in the amount of P30,000.00 awarded by the trial court is reasonable considering the pain[30] suffered by the victim's widow. Moral damages, which include mental anguish, serious anxiety and wounded feelings, may be recovered in criminal offenses resulting in the victim's death.[31] However, the award of exemplary damages should be deleted. Exemplary damage is awarded in criminal offenses when the crime was committed with one or more aggravating circumstances.[32] There is none in this case. | |||||
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2000-03-17 |
GONZAGA-REYES, J. |
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| We agree with the trial court that murder was committed in this case. However, among the qualifying circumstances enumerated in the Information, only treachery may be correctly appreciated. Abuse of superior strength is necessarily absorbed therein.[29] Evident premeditation can not be considered for lack of evidence that accused-appellant pre-conceived the crime.[30] | |||||