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GR No. 177751

2011-12-14

DEL CASTILLO, J.

Having established conspiracy, appellants' assertion that each of them can only be made liable for his own acts deserves no merit. Evidence as to who among the appellants delivered the fatal blow is therefore no longer indispensable since in conspiracy, a person may be convicted for the criminal act of another. [29] In a conspiracy, the act of one is deemed the act of all. [30]

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. 178301

2009-04-24

PEOPLE v. ROLANDO 'BOTONG' MALIBIRAN ACCUSED

AUSTRIA-MARTINEZ, J.

Moreover, although not awarded by the RTC and pursuant to Regalario, exemplary damages in the amount of P30,000.00 is likewise warranted because of the presence of the aggravating circumstances of intent to kill, treachery, evident premeditation and the use of explosives. The imposition of exemplary damages is also justified under Art. 2229 of the Civil Code in order to set an example for the public good.[45]

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. 173791

2009-04-07

PEOPLE v. PABLO AMODIA

BRION, J.

[103] People v. Dacillo, G.R. No. 149368, April 14, 2004, 427 SCRA 528, 535.

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. 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. 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. 176262

2007-09-11

PEOPLE v. EDILBERTO TORRES and JOSE TORRES

CHICO-NAZARIO, J.

Also affirmed is the ruling of the trial court and the Court of Appeals imposing upon the appellants the penalty of reclusion perpetua. Also in order is the award of moral damages in the amount of P50,000.00.[21] However, the award of civil indemnity in the amount of P60,000.00 needs to be reduced to P50,000.00 in accordance with the prevailing jurisprudence.[22] The award of exemplary damages is likewise in order, since the qualifying circumstance of treachery was proven.[23] When a crime is committed with an aggravating circumstance, either qualifying or generic, an award of P25,000.00 as exemplary damages is justified under Article 2230 of the New Civil Code.[24] This kind of damage is intended to serve as deterrent to serious wrongdoings, and as a vindication for undue sufferings and wanton invasion of the rights of an injured or as punishment for those guilty of outrageous conduct.[25]

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. 177751 2011-12-14	PEOPLE v. EDDIE AGACER DEL CASTILLO, J.
Having established conspiracy, appellants' assertion that each of them can only be made liable for his own acts deserves no merit. Evidence as to who among the appellants delivered the fatal blow is therefore no longer indispensable since in conspiracy, a person may be convicted for the criminal act of another. [29] In a conspiracy, the act of one is deemed the act of all. [30]
	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. 178301 2009-04-24	PEOPLE v. ROLANDO 'BOTONG' MALIBIRAN ACCUSED AUSTRIA-MARTINEZ, J.
Moreover, although not awarded by the RTC and pursuant to Regalario, exemplary damages in the amount of P30,000.00 is likewise warranted because of the presence of the aggravating circumstances of intent to kill, treachery, evident premeditation and the use of explosives. The imposition of exemplary damages is also justified under Art. 2229 of the Civil Code in order to set an example for the public good.[45]
	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. 173791 2009-04-07	PEOPLE v. PABLO AMODIA BRION, J.
[103] People v. Dacillo, G.R. No. 149368, April 14, 2004, 427 SCRA 528, 535.
	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. 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. 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. 176262 2007-09-11	PEOPLE v. EDILBERTO TORRES and JOSE TORRES CHICO-NAZARIO, J.
Also affirmed is the ruling of the trial court and the Court of Appeals imposing upon the appellants the penalty of reclusion perpetua. Also in order is the award of moral damages in the amount of P50,000.00.[21] However, the award of civil indemnity in the amount of P60,000.00 needs to be reduced to P50,000.00 in accordance with the prevailing jurisprudence.[22] The award of exemplary damages is likewise in order, since the qualifying circumstance of treachery was proven.[23] When a crime is committed with an aggravating circumstance, either qualifying or generic, an award of P25,000.00 as exemplary damages is justified under Article 2230 of the New Civil Code.[24] This kind of damage is intended to serve as deterrent to serious wrongdoings, and as a vindication for undue sufferings and wanton invasion of the rights of an injured or as punishment for those guilty of outrageous conduct.[25]
	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. FRANCISCO DACILLO