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COSME NACARIO v. PEOPLE

This case has been cited 2 times or more.

2014-11-26
BERSAMIN, J.
Alexander as the victim in frustrated homicide suffered moral injuries because the offender committed violence that nearly took away the victim's life. "Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission."[18] Indeed, Article 2219, (1), of the Civil Code expressly recognizes the right of the victim in crimes resulting in physical injuries.[19] Towards that end, the Court, upon its appreciation of the records, decrees that P30,000.00 is a reasonable award of moral damages.[20] In addition, AAA was entitled to recover civil indemnity of P30,000.00.[21] Both of these awards did not require allegation and proof.
2010-03-09
CARPIO MORALES, J.
It is a statutory and doctrinal requirement that the presence of unlawful aggression is a condition sine qua non for self-defense to be warranted.[14]