This case has been cited 8 times or more.
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2003-06-18 |
QUISUMBING, J. |
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| In this case, no ill motive was imputed against the eyewitnesses for implicating appellant in a grave offense. The defense raised no plausible reason why the witnesses for the prosecution would lie or invent scenarios against him. The rule is settled that where there is nothing to indicate that a witness was actuated by improper motives, his positive and categorical declarations on the witness stand, made under solemn oath, should be given full faith and credence.[22] It defies reason for the relatives of the deceased to insist on appellant's guilt if indeed another person committed the crime. Human nature tells us that the aggrieved relatives would want the real killer punished for their loss, and not accept a mere scapegoat to take the rap for the real malefactor. | |||||
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2002-02-15 |
DE LEON, JR., J. |
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| Although the victim's wife, Lucia Hijapon, testified that she spent Thirty Thousand Pesos (P30,000.00) for the wake of the victim, no receipts were presented to substantiate the actual damages incurred as required by Article 2199 of the Civil Code. Nevertheless, in lieu of actual damages, temperate damages in the amount of Fifteen Thousand Pesos (P15,000.00) may be recovered under Article 2224 as it has been shown that the victim's family suffered some pecuniary loss but the amount thereof cannot be proved with certainty.[53] | |||||
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2001-11-22 |
QUISUMBING, J. |
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| Finally, a modification of the damages is in order. The trial court awarded P20,000 as actual damages, not supported by evidence on record. Actual damages can be given only to claims which are duly supported by receipts.[25] Nonetheless, under Article 2224 in lieu of actual damages, temperate damages may be recovered as it has been shown that the victim's family suffered some pecuniary loss although the amount cannot be proved with certainty.[26] For this reason, the P20,000 award shall be for temperate damages. Further, conformably with prevailing jurisprudence, moral damages is increased to P50,000.[27] | |||||
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2001-10-19 |
QUISUMBING, J. |
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| documentary evidence therefor were presented. However, in lieu of actual damages, temperate damages under Art. 2224 of the Civil Code[28] may be recovered since it has been shown by testimonial evidence that the victim's family suffered some pecuniary loss, the amount of which cannot be proved with certainty.[29] For this purpose an award of P24,000 is justified. WHEREFORE, the assailed decision of the Regional Trial Court of Tacloban City, Branch 7, is MODIFIED. Appellant Intoy Gallo @ Palalam a.k.a. Aniceto Gallo is declared GUILTY of homicide for the death of Ronald Quillope. In the absence of any | |||||
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2000-10-23 |
QUISUMBING, J. |
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| lieu of actual damages, temperate damages under Art. 2224 may be recovered, for the prosecution was able to show that the victim's family suffered some pecuniary loss more than the amount of P1,000.00, but its exact amount can not be proved with certainty.[19] For this reason, the award of P10,000.00 by way of temperate damages should suffice. The heirs of the victim are also entitled to moral damages in the amount of P50,000.00 in accordance with our ruling in People vs. Robles, 305 SCRA 273 (1999). Moreover, the widow of the victim was able to show the physical, psychological and emotional suffering and | |||||
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2000-10-09 |
QUISUMBING, J. |
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| The amount of P50,000.00 was correctly awarded as death indemnity.[31] However, as to P300,000.00 imposed as moral damages, the amount is excessive and may be reduced to P50,000.00,[32] pursuant to prevailing jurisprudence. The amount of P35,568.00 as actual damages is supported by receipts,[33] and should therefore be affirmed. Further, we must also award damages for the loss of the victim's earning capacity. The formula for loss of earning capacity is: life expectancy x (gross annual income - living expenses), with living expenses computed as 50% of gross annual income.[34] As computed, for loss of earning capacity, the amount of P1,962,500.00[35] must be awarded to the heirs of the victim. | |||||
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2000-03-07 |
QUISUMBING, J. |
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| The award of P50,000.00 as indemnity should be affirmed, pursuant to existing jurisprudence.[27] However, the award of P100,000.00 as moral damages, should be deleted for lack of factual basis.[28] The prosecution did not claim or present evidence, testimonial or otherwise, to show that the heirs of the deceased are entitled thereto. In the present stage of our case law involving the criminal taking of human life, evidence must be adduced by the offended parties to warrant an award for moral damages under the civil law.[29] | |||||
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2000-02-15 |
QUISUMBING, J. |
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| Pursuant to existing jurisprudence, the civil indemnity should be increased to P50,000.00, which is awarded without further proof other than the death of the victim.[34] In addition, the heirs of the victim are entitled to moral damages in the amount of P50,000.00 in accordance with our recent rulings.[35] Actual damages should be disallowed since no receipts of expenses were presented. While the victim's wife promised to present the receipts in subsequent hearings, the records do not show that they were indeed presented. | |||||