This case has been cited 3 times or more.
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2010-07-05 |
BRION, J. |
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| Lastly, we find that the victim is also entitled to moral damages in the amount of P10,000.00 in accordance with settled jurisprudence.[36] Under Article 2219, paragraph 1 of the New Civil Code, the victim is entitled to moral damages in a criminal offense resulting in physical injuries. | |||||
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2004-07-05 |
PER CURIAM |
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| In Criminal Case No. 00-20692, the trial court did not grant Jaime's claim for P20,000.00 in actual damages for hospitalization expenses since he failed to present any receipts to substantiate the same. Nonetheless, in light of the fact that Jaime was actually hospitalized and operated upon, this Court deems it prudent to award P20,000.00 as temperate damages.[108] Moreover, Jaime is also entitled to moral damages in accordance with Article 2219, paragraph 2 of the Civil Code, which this Court hereby awards in the amount of P25,000.00.[109] Finally, exemplary damages of P25,000.00 are also in order considering that the crime was attended by two aggravating circumstances.[110] | |||||
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2004-06-09 |
CALLEJO, SR., J. |
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| Treachery must be proven as clearly and as cogently as the crime itself.[19] It is herein noted that the prosecution witnesses did not see the actual stabbing of the victim. As such, there is no way of determining how the attack was initiated, in the same way that no testimony would prove that the appellant contemplated upon the mode to insure the killing.[20] Absent any particulars as to the manner in which the aggression commenced, treachery cannot be appreciated against the appellant.[21] | |||||