Lawyerly

GR No. 176061

2011-07-04

DEL CASTILLO, J.

Settled is the rule that only duly receipted expenses can be the basis of actual damages. Dominic Abad, son of the victim testified that the family spent P65,000.00 for the hospitalization of the victim, P45,000.00 for the coffin and P35,000.00 for the wake but failed to present receipts to prove these expenses. [41] However, notwithstanding the absence of receipts to prove actual damages, we find it imperative to award the amount of P25,000.00 as temperate damages in lieu of actual damages. Under Article 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved. [42]

GR No. 191721

2011-01-12

PEOPLE v. ROGELIO DOLORIDO Y ESTRADA

VELASCO JR., J.

As to the award of temperate damages in the amount of PhP 25,000, such is proper "in homicide or murder cases when no evidence of burial and funeral expenses is presented in the trial court."[30] Under Art. 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victims suffered pecuniary loss although the exact amount was not proved.[31] Therefore, we sustain the award of the trial court of PhP 25,000 for temperate damages.

GR No. 186119

2009-10-27

PEOPLE v. PABLO LUSABIO

CHICO-NAZARIO, J.

As to actual damages, both the trial court and the Court of Appeals awarded only the amount of P20,000.00, since the prosecution was only able to prove this amount via an official receipt. The award of P25,000.00 for temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[54] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss, although the exact amount was not proved.[55] In People v. Magdaraog,[56] we pronounced that when actual damages proven by receipts during the trial amount to less than P25,000.00, the award of temperate damages for P25,000.00 is justified in lieu of actual damages of a lesser amount. Conversely, if the amount of actual damages proven exceeds P25,000.00, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted. Thus, in lieu of actual damages, temperate damages in the amount of P25,000.00 are awarded to the heirs of the victim.

GR No. 185841

2009-08-04

PEOPLE v. ISMAEL DIAZ

CHICO-NAZARIO, J.

As to actual damages, the heirs of the victims are not entitled thereto, because said damages were not duly proved with a reasonable degree of certainty.[69] However, the award of P25,000.00 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[70] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victims suffered pecuniary loss, although the exact amount was not proved.[71] Thus, the award of temperate damages to the heirs of Councilor Quinto is reduced to P25,000.00, while that granted to the heirs of SPO1 Dalioan is retained.

GR No. 185162

2009-04-24

PEOPLE v. ROLLY GIDOC

CHICO-NAZARIO, J.

The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[29] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victims suffered pecuniary loss although the exact amount was not proved.[30] Thus, this Court awards P25,000.00 as temperate damages for each count of murder.

GR No. 184173

2009-03-13

PEOPLE v. JUDITO MOLINA

CHICO-NAZARIO, J.

The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[59] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victims suffered pecuniary loss although the exact amount was not proved.[60] Thus, this Court similarly award P25,000.00 as temperate damages for each count of murder.

GR No. 184343

2009-03-02

PEOPLE v. JESUS DOMINGO

CHICO-NAZARIO, J.

The heirs of Marvin Indon and Melissa Indon are not entitled to actual damages, because said damages were not adequately proved. The party seeking actual damages must produce competent proof or the best evidence obtainable, such as receipts, to justify an award therefor.[35] The funeral expenses, to which Raquel Indon referred in her testimony, were not supported by receipts. Nevertheless, the award of P25,000.00 in temperate damages for homicide or murder cases is proper when no evidence of burial or funeral expenses is presented in the trial court.[36] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[37] Thus, the heirs of Marvin Indon and Melissa Indon are entitled to temperate damages of P25,000.00 for each death.

GR No. 182548

2008-09-30

PEOPLE v. CESARIO OSIANAS

CHICO-NAZARIO, J.

The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[42] Under Article 2224 of the Civil Code, temperate damages may be recovered, because the heirs of the victims suffered pecuniary loss although the exact amount was not proved.[43] Thus, this Court awards P25,000.00 as temperate damages to the heirs of the deceased victims.

GR No. 181632

2008-09-25

PEOPLE v. JESSIE BALLESTA

CHICO-NAZARIO, J.

The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[53] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[54] Thus, this Court similarly awards P25,000.00 as temperate damages to the heirs of the deceased victim.

GR No. 173824

2008-08-28

PETER TARAPEN Y CHONGOY v. PEOPLE

CHICO-NAZARIO, J.

The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[73] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss, although the exact amount was not proved.[74] In the case on hand, temperate damages cannot be awarded, because evidence of expenses for burial and funeral has been presented for which actual damages have been awarded.

GR No. 178546

2008-04-30

PEOPLE v. MUKIM ELING Y MAÑALAC

CHICO-NAZARIO, J.

Notwithstanding the absence of receipts to prove actual damages, we affirm the grant of the Court of Appeals of temperate damages in the amount of P25,000.00, in lieu of actual damages. The award of P25,000.00 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[52] Under Article 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[53]

GR No. 173282

2008-03-04

JOSE INGAL y SANTOS v. PEOPLE

CHICO-NAZARIO, J.

As to actual damages, the heirs of the victim are not entitled thereto because said damages were not duly proved with reasonable degree of certainty.[68] It is necessary for a party seeking actual damages to produce competent proof or the best evidence obtainable, such as receipts, to justify an award therefor.[69] The hospitalization and funeral expenses were not supported by receipts. However, the award of P25,000.00 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[70] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss, although the exact amount was not proved.[71]

GR NO. 173793

2007-12-04

vs. v. CONRADO M. GLINO

REYES, R.T., J.

Too, we sustain the RTC and the CA's rejection of accused-appellant's defense founded on denial. Time and again, this Court has ruled that denial is the weakest of all defenses. It easily crumbles in the face of positive identification by accused as the perpetrator of the crime.[49] Here, no less than two eyewitnesses in Villaruel and victim Virginia positively and categorically named Glino as one of the Boji couple's assailants. Their identification of accused-appellant was unwavering, made in a simple and straightforward manner. Corollarily, they had no ill motive to testify falsely against Glino.[50] Upon the other hand, other than his bare denial, no corroborating evidence was put forth to substantiate accused-appellant's disparate account of the incident.

GR No. 175594

2007-09-28

PEOPLE v. JUNJUN DUCABO

CHICO-NAZARIO, J.

As to actual damages, the heirs of the victim are not entitled thereto because said damages were not duly proved with reasonable degree of certainty.[37] However, the award of P25,000.00 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[38] Under Article 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[39] Thus, the award of temperate damages by the appellate court is in order.

GR NO. 175881

2007-08-28

PEOPLE v. ARMANDO RODAS

CHICO-NAZARIO, J.

As to actual damages, the heirs of the victim are not entitled thereto because said damages were not duly proved with reasonable degree of certainty.[59] However, the award of P25,000.00 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[60] Under Article 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[61]

	GR No. 176061 2011-07-04	PEOPLE v. BINGKY CAMPOS DEL CASTILLO, J.
Settled is the rule that only duly receipted expenses can be the basis of actual damages. Dominic Abad, son of the victim testified that the family spent P65,000.00 for the hospitalization of the victim, P45,000.00 for the coffin and P35,000.00 for the wake but failed to present receipts to prove these expenses. [41] However, notwithstanding the absence of receipts to prove actual damages, we find it imperative to award the amount of P25,000.00 as temperate damages in lieu of actual damages. Under Article 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved. [42]
	GR No. 191721 2011-01-12	PEOPLE v. ROGELIO DOLORIDO Y ESTRADA VELASCO JR., J.
As to the award of temperate damages in the amount of PhP 25,000, such is proper "in homicide or murder cases when no evidence of burial and funeral expenses is presented in the trial court."[30] Under Art. 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victims suffered pecuniary loss although the exact amount was not proved.[31] Therefore, we sustain the award of the trial court of PhP 25,000 for temperate damages.
	GR No. 186119 2009-10-27	PEOPLE v. PABLO LUSABIO CHICO-NAZARIO, J.
As to actual damages, both the trial court and the Court of Appeals awarded only the amount of P20,000.00, since the prosecution was only able to prove this amount via an official receipt. The award of P25,000.00 for temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[54] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss, although the exact amount was not proved.[55] In People v. Magdaraog,[56] we pronounced that when actual damages proven by receipts during the trial amount to less than P25,000.00, the award of temperate damages for P25,000.00 is justified in lieu of actual damages of a lesser amount. Conversely, if the amount of actual damages proven exceeds P25,000.00, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted. Thus, in lieu of actual damages, temperate damages in the amount of P25,000.00 are awarded to the heirs of the victim.
	GR No. 185841 2009-08-04	PEOPLE v. ISMAEL DIAZ CHICO-NAZARIO, J.
As to actual damages, the heirs of the victims are not entitled thereto, because said damages were not duly proved with a reasonable degree of certainty.[69] However, the award of P25,000.00 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[70] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victims suffered pecuniary loss, although the exact amount was not proved.[71] Thus, the award of temperate damages to the heirs of Councilor Quinto is reduced to P25,000.00, while that granted to the heirs of SPO1 Dalioan is retained.
	GR No. 185162 2009-04-24	PEOPLE v. ROLLY GIDOC CHICO-NAZARIO, J.
The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[29] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victims suffered pecuniary loss although the exact amount was not proved.[30] Thus, this Court awards P25,000.00 as temperate damages for each count of murder.
	GR No. 184173 2009-03-13	PEOPLE v. JUDITO MOLINA CHICO-NAZARIO, J.
The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[59] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victims suffered pecuniary loss although the exact amount was not proved.[60] Thus, this Court similarly award P25,000.00 as temperate damages for each count of murder.
	GR No. 184343 2009-03-02	PEOPLE v. JESUS DOMINGO CHICO-NAZARIO, J.
The heirs of Marvin Indon and Melissa Indon are not entitled to actual damages, because said damages were not adequately proved. The party seeking actual damages must produce competent proof or the best evidence obtainable, such as receipts, to justify an award therefor.[35] The funeral expenses, to which Raquel Indon referred in her testimony, were not supported by receipts. Nevertheless, the award of P25,000.00 in temperate damages for homicide or murder cases is proper when no evidence of burial or funeral expenses is presented in the trial court.[36] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[37] Thus, the heirs of Marvin Indon and Melissa Indon are entitled to temperate damages of P25,000.00 for each death.
	GR No. 182548 2008-09-30	PEOPLE v. CESARIO OSIANAS CHICO-NAZARIO, J.
The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[42] Under Article 2224 of the Civil Code, temperate damages may be recovered, because the heirs of the victims suffered pecuniary loss although the exact amount was not proved.[43] Thus, this Court awards P25,000.00 as temperate damages to the heirs of the deceased victims.
	GR No. 181632 2008-09-25	PEOPLE v. JESSIE BALLESTA CHICO-NAZARIO, J.
The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[53] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[54] Thus, this Court similarly awards P25,000.00 as temperate damages to the heirs of the deceased victim.
	GR No. 173824 2008-08-28	PETER TARAPEN Y CHONGOY v. PEOPLE CHICO-NAZARIO, J.
The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[73] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss, although the exact amount was not proved.[74] In the case on hand, temperate damages cannot be awarded, because evidence of expenses for burial and funeral has been presented for which actual damages have been awarded.
	GR No. 178546 2008-04-30	PEOPLE v. MUKIM ELING Y MAÑALAC CHICO-NAZARIO, J.
Notwithstanding the absence of receipts to prove actual damages, we affirm the grant of the Court of Appeals of temperate damages in the amount of P25,000.00, in lieu of actual damages. The award of P25,000.00 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[52] Under Article 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[53]
	GR No. 173282 2008-03-04	JOSE INGAL y SANTOS v. PEOPLE CHICO-NAZARIO, J.
As to actual damages, the heirs of the victim are not entitled thereto because said damages were not duly proved with reasonable degree of certainty.[68] It is necessary for a party seeking actual damages to produce competent proof or the best evidence obtainable, such as receipts, to justify an award therefor.[69] The hospitalization and funeral expenses were not supported by receipts. However, the award of P25,000.00 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[70] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss, although the exact amount was not proved.[71]
	GR NO. 173793 2007-12-04	vs. v. CONRADO M. GLINO REYES, R.T., J.
Too, we sustain the RTC and the CA's rejection of accused-appellant's defense founded on denial. Time and again, this Court has ruled that denial is the weakest of all defenses. It easily crumbles in the face of positive identification by accused as the perpetrator of the crime.[49] Here, no less than two eyewitnesses in Villaruel and victim Virginia positively and categorically named Glino as one of the Boji couple's assailants. Their identification of accused-appellant was unwavering, made in a simple and straightforward manner. Corollarily, they had no ill motive to testify falsely against Glino.[50] Upon the other hand, other than his bare denial, no corroborating evidence was put forth to substantiate accused-appellant's disparate account of the incident.
	GR No. 175594 2007-09-28	PEOPLE v. JUNJUN DUCABO CHICO-NAZARIO, J.
As to actual damages, the heirs of the victim are not entitled thereto because said damages were not duly proved with reasonable degree of certainty.[37] However, the award of P25,000.00 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[38] Under Article 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[39] Thus, the award of temperate damages by the appellate court is in order.
	GR NO. 175881 2007-08-28	PEOPLE v. ARMANDO RODAS CHICO-NAZARIO, J.
As to actual damages, the heirs of the victim are not entitled thereto because said damages were not duly proved with reasonable degree of certainty.[59] However, the award of P25,000.00 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[60] Under Article 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[61]

PEOPLE v. DOMINADOR D. SURONGON