This case has been cited 1 times or more.
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2004-06-04 |
CALLEJO, SR., J. |
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| It is, likewise, necessary to modify the damages awarded by the trial court. The award of P100,000 as actual damages representing funeral and wake expenses should be deleted as there were no receipts or any other tangible documents presented to support the said award.[22] However, the award of attorney's fees in the amount of P50,000 is proper considering that the records showed that the heirs of the victim engaged the services of a private prosecutor. The recovery of attorney's fees in the concept of actual or compensatory damages is allowed under the circumstances provided in Article 2208 of the Civil Code, one of which is when the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.[23] The award of P50,000 as civil indemnity[24] to the heirs of Anthony, as well as P25,000 as temperate damages,[25] is, likewise, warranted pursuant to prevailing jurisprudence. | |||||