This case has been cited 2 times or more.
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2009-01-19 |
LEONARDO-DE CASTRO, J. |
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| We likewise affirm the CA's additional award of P100,000.00 as civil indemnity pursuant to current jurisprudence[41] that in cases of rape with homicide, civil indemnity in the amount of P100,000.00 should be awarded to the heirs of the victim. As to moral damages, recent jurisprudence allows the amount of P75,000.00 to be awarded in cases of rape with homicide.[42] Thus, the P50,000.00 award given by the court below as moral damages should be increased to P75,000.00. The P25,000.00 exemplary damages, however, should be deleted because under Article 2230 of the New Civil Code, exemplary damages in criminal cases may be imposed when the crime was committed with one or more aggravating circumstances, and there is none in this case. The rest of the awards given by the trial court are affirmed. | |||||
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2006-09-26 |
CHICO-NAZARIO, J. |
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| Circumstantial evidence is that evidence which proves a fact or series of facts from which the facts in issue may be established by inference.[38] It is founded on experience and observed facts and coincidences establishing a connection between the known and proven facts and the facts sought to be proved.[39] In order to bring about a conviction, the circumstantial evidence presented must constitute an unbroken chain, which leads to one fair and reasonable conclusion pointing to the accused, to the exclusion of others, as the guilty person.[40] | |||||