Lawyerly

GR No. 188602

2010-02-04

NACHURA, J.

The CA awarded P42,337.25 as actual damages and P10,000.00 as temperate damages to the heirs of Regis. In People v. Villanueva[26] and People v. Abrazaldo,[27] we ruled that temperate and actual damages are mutually exclusive in that both may not be awarded at the same time. Hence, no temperate damages may be awarded if actual damages have already been granted. The award of P10,000.00 as temperate damages must, therefore, be deleted.

GR No. 180421

2009-10-30

PEOPLE v. DOMINGO ALPAPARA

QUISUMBING, J.

When the actual damages proven by receipts during the trial amounts to less than P25,000, as in this case, the award of temperate damages for P25,000 is justified in lieu of the actual damages of a lesser amount. Conversely, if the amount of actual damages proven exceeds P25,000, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted.[37]

GR No. 175605

2009-08-28

PEOPLE v. ARNOLD GARCHITORENA Y CAMBA A.KA. JUNIOR

LEONARDO-DE CASTRO, J.

As to the award of actual damages amounting to P16,700.00, we modify the same. In People v. Villanueva,[34] this Court declared that "...when actual damages proven by receipts during the trial amount to less than P25,000.00, as in this case, the award of temperate damages for P25,000.00 is justified in lieu of actual damages of a lesser amount." In the light of such ruling, the victim's heirs in the present case should, therefore, be awarded temperate damages in the amount of P25,000.00.

GR No. 173791

2009-04-07

PEOPLE v. PABLO AMODIA

BRION, J.

Further, the CA erred in awarding actual damages in the amount of P23,268.00. In People v. Villanueva, we held 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.[117] We reiterated this ruling in the recent cases of People v. Casta[118] and People v. Ballesteros[119] where we awarded temperate damages,

GR No. 172871

2008-09-16

PEOPLE v. CLEMENTE CASTA Y CAROLINO

BRION, J.

The RTC awarded the amount of P13,000.00 to the victim's heirs as actual damages in light of established jurisprudence that allows only expenses duly supported by receipts as proof of actual damages.[48] This RTC ruling has however been overtaken by our rulings in the landmark cases of People v. Abrazaldo[49] and People v. Villanueva.[50] In Abrazaldo, we ruled that where the amount of the actual damages cannot be determined because of the absence of supporting and duly presented receipts but evidence confirming the heirs' entitlement to actual damages, temperate damages in the amount of P25,000.00 may be awarded. This ruling was reiterated, with slight modification in Villanueva, where we held that when the actual damages proven by receipts during the trial amount to less than P25,000.00, we can nevertheless award temperate damages of P25,000.00. Thus, the heirs' entitlement is P25,000.00 of temperate damages.

GR No. 172696

2008-08-11

PEOPLE v. BENITO BALLESTEROS Y GRAGASIN

BRION, J.

However, considering that the proven amount is less than P25,000.00, we opt to award temperate damages in the amount of P25,000.00 in lieu of actual damages pursuant to our ruling in People v. Villanueva.[50] There, we held that when actual damages proven by receipts during the trial amount to less than P25,000.00, as in this case, the award of temperate damages for P25,000.00 is justified, in lieu of actual damages of a lesser amount.

GR No. 172752

2008-06-18

PEOPLE v. RODOLFO SISON

REYES, R.T., J.

However, consistent with Our ruling in People v. Werba,[61] which affirmed the case of People v. Villanueva,[62] We award temperate damages in the amount of P25,000.00 in lieu of the actual damages of a lesser amount. As well stated in said cases, to rule otherwise would be anomalous and unfair because the victim's heirs who tried but succeeded in proving actual damages of an amount less than P25,000 would be in a worse situation than those who might have presented no receipts at all but would now be entitled to P25,000 temperate damages.[63]

GR NO. 176267

2007-09-03

PEOPLE v. RANDY ALABADO Y DAVID

GARCIA, J.

We likewise affirm the appellate court's findings with respect to the appellant's civil liability in the two cases. The grant of P25,000.00 as temperate damages to Evelyn Ampaya is in accord with our ruling in People v. Abrazaldo[40] as amplified and modified in People v. Villanueva,[41] that when the actual damages proven by receipts during the trial amount to less than P25,000, as in this case, the award of temperate damages for P25,000 is justified in lieu of actual damages of a lesser amount. Conversely, if the amount of actual damages proven exceeds P25,000, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted.

GR No. 144599

2004-06-09

PEOPLE v. DOMINADOR WERBA Y RICAFORT

CORONA, J.

In People vs. Abrazaldo,[28] we laid down the doctrine that where the amount of actual damages for funeral expenses cannot be determined because of the absence of receipts to prove them, temperate damages may be awarded in the amount of P25,000.[29] This doctrine specifically refers to a situation where no evidence at all of funeral expenses was presented in the trial court. However, in instances where actual expenses amounting to less than P25,000 are proved during the trial, as in the case at bar, we apply the ruling in the more recent case of People vs. Villanueva[30] which modified the Abrazaldo doctrine. In Villanueva, we held that "when actual damages proven by receipts during the trial amount to less than P25,000, the award of temperate damages for P25,000 is justified in lieu of the actual damages of a lesser amount." To rule otherwise would be anomalous and unfair because the victim's heirs who tried but succeeded in proving actual damages of an amount less than P25,000 would be in a worse situation than those who might have presented no receipts at all but would now be entitled to P25,000 temperate damages.[31]

GR No. 138386-87

2004-05-20

PEOPLE v. EUFROCINO AGUDEZ Y ASIONG

AUSTRIA-MARTINEZ, J.

On the other hand, none of the heirs of Mamerto Nalangan was presented to testify on the emotional anguish they felt by reason of the latter's death. Moral damages cannot be awarded if no evidence, testimonial or otherwise, was presented by the prosecution to support it. [61] Hence, the heirs of Mamerto are not entitled to moral damages.

GR No. 125898

2004-04-14

PEOPLE v. RODOLFO RAMOS Y ENRIQUEZ

AZCUNA, J.

Further, it bears stressing that appellant gave no proof of ill-motive for Almodovar to testify falsely against him. Appellant himself admitted in court that he met the witness for the first time only during the investigation.[21] Absent any ill-motive, this Court can only conclude that his act in imputing the responsibility for the crime on appellant stemmed from a legitimate desire to bring the perpetrator to justice.[22] As held in numerous decisions, when there is no evidence that the principal witness for the prosecution is moved by improper motives, such witness is entitled to full faith and credit.[23]

GR No. 133541

2004-04-14

PEOPLE v. RICKY QUIMZON

AUSTRIA-MARTINEZ, J.

Nonetheless, in our recent rulings, we have held that in cases where the heirs of the victim failed to prove their claim for actual damages, but have shown that they have suffered pecuniary loss by reason of the death of the victim, an award of P25,000.00 by way of temperate damages is justified in lieu of an award of actual or compensatory damages.[54] In People vs. Villanueva,[55] we held that in cases where actual damages was proven by receipts during the trial but said damages amounted to less than P25,000.00, as in the present case, the award of temperate damages in the amount of P25,000.00 is justified in lieu of said actual damages. The rationale for such an award of temperate damages is that it would be anomalous and unfair for the heirs of the victim, who by presenting receipts, tried and succeeded in proving actual damages but in an amount less than P25,000.00, to be placed in a worse situation than those who might not have presented any receipts at all but would be entitled to P25,000.00 for temperate damages.[56]

GR No. 138534

2004-03-17

PEOPLE v. SPO1 VIRGILIO G. BRECINIO

CORONA, J.

aggravating circumstances, the lesser penalty of reclusion perpetua should be imposed in accordance with Article 63 of the Revised Penal Code. We sustain the award by the trial court of civil indemnity in the amount of P50,000, pursuant to prevailing jurisprudence and the policy of the Court.[21] As to actual damages, we have ruled that, when actual damages supported by receipts amount to less

GR No. 152176

2003-10-01

PEOPLE v. ROGER DELA CRUZ Y DOE

YNARES-SANTIAGO, J.

In the case of People v. Villanueva,[17] it was held that when actual damages proven by receipts during the trial amount to less than P25,000.00, as in the present case, the award of temperate damages for P25,000.00 is justified in lieu of actual damages for a lesser amount. This Court ratiocinated that it was anomalous and unfair that the heirs of the victim who tried but succeeded in proving actual damages amounting to less than P25,000.00 would be in a worse situation than those who might have presented no receipts at all but would be entitled to P25,000.00 temperate damages.

GR No. 148912

2003-09-10

PEOPLE v. TIMOTEO ESCARLOS

PANGANIBAN, J.

The trial court awarded moral damages in the amount of P50,000, but failed to award P50,000 as civil indemnity for the death of the victim. Moral damages cannot be granted in the absence of proof therefor.[47] Unlike in rape cases, this type of award is not automatically given in murder or homicide. The prosecution was, however, able to prove actual damages in the sum of P28,650. The award of exemplary damages should be omitted considering that no aggravating circumstance was duly proven.[48]

GR Nos. 135697-98

2003-08-15

PEOPLE v. PEDRITO ANDRES Y CASUGAY

CORONA, J.

With respect to actual damages, the amount of P24,363.85 was duly proven by competent documents[39] during the trial. Ordinarily, William Ducusin's heirs would be entitled to this amount by way of actual damages. However, we declared in the case of People vs. Villanueva[40] that:x x x when actual damages proven by receipts during the trial amount to less than P25,000, as in this case, the award of temperate damages for P25,000 is justified in lieu of actual damages of a lesser amount. Conversely, if the amount of actual damages proven exceeds P25,000, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted. The victim's heirs should, thus, be awarded temperate damages in the amount of P25,000.

	GR No. 188602 2010-02-04	PEOPLE v. FORD GUTIERREZ Y DIMAANO NACHURA, J.
The CA awarded P42,337.25 as actual damages and P10,000.00 as temperate damages to the heirs of Regis. In People v. Villanueva[26] and People v. Abrazaldo,[27] we ruled that temperate and actual damages are mutually exclusive in that both may not be awarded at the same time. Hence, no temperate damages may be awarded if actual damages have already been granted. The award of P10,000.00 as temperate damages must, therefore, be deleted.
	GR No. 180421 2009-10-30	PEOPLE v. DOMINGO ALPAPARA QUISUMBING, J.
When the actual damages proven by receipts during the trial amounts to less than P25,000, as in this case, the award of temperate damages for P25,000 is justified in lieu of the actual damages of a lesser amount. Conversely, if the amount of actual damages proven exceeds P25,000, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted.[37]
	GR No. 175605 2009-08-28	PEOPLE v. ARNOLD GARCHITORENA Y CAMBA A.KA. JUNIOR LEONARDO-DE CASTRO, J.
As to the award of actual damages amounting to P16,700.00, we modify the same. In People v. Villanueva,[34] this Court declared that "...when actual damages proven by receipts during the trial amount to less than P25,000.00, as in this case, the award of temperate damages for P25,000.00 is justified in lieu of actual damages of a lesser amount." In the light of such ruling, the victim's heirs in the present case should, therefore, be awarded temperate damages in the amount of P25,000.00.
	GR No. 173791 2009-04-07	PEOPLE v. PABLO AMODIA BRION, J.
Further, the CA erred in awarding actual damages in the amount of P23,268.00. In People v. Villanueva, we held 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.[117] We reiterated this ruling in the recent cases of People v. Casta[118] and People v. Ballesteros[119] where we awarded temperate damages,
	GR No. 172871 2008-09-16	PEOPLE v. CLEMENTE CASTA Y CAROLINO BRION, J.
The RTC awarded the amount of P13,000.00 to the victim's heirs as actual damages in light of established jurisprudence that allows only expenses duly supported by receipts as proof of actual damages.[48] This RTC ruling has however been overtaken by our rulings in the landmark cases of People v. Abrazaldo[49] and People v. Villanueva.[50] In Abrazaldo, we ruled that where the amount of the actual damages cannot be determined because of the absence of supporting and duly presented receipts but evidence confirming the heirs' entitlement to actual damages, temperate damages in the amount of P25,000.00 may be awarded. This ruling was reiterated, with slight modification in Villanueva, where we held that when the actual damages proven by receipts during the trial amount to less than P25,000.00, we can nevertheless award temperate damages of P25,000.00. Thus, the heirs' entitlement is P25,000.00 of temperate damages.
	GR No. 172696 2008-08-11	PEOPLE v. BENITO BALLESTEROS Y GRAGASIN BRION, J.
However, considering that the proven amount is less than P25,000.00, we opt to award temperate damages in the amount of P25,000.00 in lieu of actual damages pursuant to our ruling in People v. Villanueva.[50] There, we held that when actual damages proven by receipts during the trial amount to less than P25,000.00, as in this case, the award of temperate damages for P25,000.00 is justified, in lieu of actual damages of a lesser amount.
	GR No. 172752 2008-06-18	PEOPLE v. RODOLFO SISON REYES, R.T., J.
However, consistent with Our ruling in People v. Werba,[61] which affirmed the case of People v. Villanueva,[62] We award temperate damages in the amount of P25,000.00 in lieu of the actual damages of a lesser amount. As well stated in said cases, to rule otherwise would be anomalous and unfair because the victim's heirs who tried but succeeded in proving actual damages of an amount less than P25,000 would be in a worse situation than those who might have presented no receipts at all but would now be entitled to P25,000 temperate damages.[63]
	GR NO. 176267 2007-09-03	PEOPLE v. RANDY ALABADO Y DAVID GARCIA, J.
We likewise affirm the appellate court's findings with respect to the appellant's civil liability in the two cases. The grant of P25,000.00 as temperate damages to Evelyn Ampaya is in accord with our ruling in People v. Abrazaldo[40] as amplified and modified in People v. Villanueva,[41] that when the actual damages proven by receipts during the trial amount to less than P25,000, as in this case, the award of temperate damages for P25,000 is justified in lieu of actual damages of a lesser amount. Conversely, if the amount of actual damages proven exceeds P25,000, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted.
	GR No. 144599 2004-06-09	PEOPLE v. DOMINADOR WERBA Y RICAFORT CORONA, J.
In People vs. Abrazaldo,[28] we laid down the doctrine that where the amount of actual damages for funeral expenses cannot be determined because of the absence of receipts to prove them, temperate damages may be awarded in the amount of P25,000.[29] This doctrine specifically refers to a situation where no evidence at all of funeral expenses was presented in the trial court. However, in instances where actual expenses amounting to less than P25,000 are proved during the trial, as in the case at bar, we apply the ruling in the more recent case of People vs. Villanueva[30] which modified the Abrazaldo doctrine. In Villanueva, we held that "when actual damages proven by receipts during the trial amount to less than P25,000, the award of temperate damages for P25,000 is justified in lieu of the actual damages of a lesser amount." To rule otherwise would be anomalous and unfair because the victim's heirs who tried but succeeded in proving actual damages of an amount less than P25,000 would be in a worse situation than those who might have presented no receipts at all but would now be entitled to P25,000 temperate damages.[31]
	GR No. 138386-87 2004-05-20	PEOPLE v. EUFROCINO AGUDEZ Y ASIONG AUSTRIA-MARTINEZ, J.
On the other hand, none of the heirs of Mamerto Nalangan was presented to testify on the emotional anguish they felt by reason of the latter's death. Moral damages cannot be awarded if no evidence, testimonial or otherwise, was presented by the prosecution to support it. [61] Hence, the heirs of Mamerto are not entitled to moral damages.
	GR No. 125898 2004-04-14	PEOPLE v. RODOLFO RAMOS Y ENRIQUEZ AZCUNA, J.
Further, it bears stressing that appellant gave no proof of ill-motive for Almodovar to testify falsely against him. Appellant himself admitted in court that he met the witness for the first time only during the investigation.[21] Absent any ill-motive, this Court can only conclude that his act in imputing the responsibility for the crime on appellant stemmed from a legitimate desire to bring the perpetrator to justice.[22] As held in numerous decisions, when there is no evidence that the principal witness for the prosecution is moved by improper motives, such witness is entitled to full faith and credit.[23]
	GR No. 133541 2004-04-14	PEOPLE v. RICKY QUIMZON AUSTRIA-MARTINEZ, J.
Nonetheless, in our recent rulings, we have held that in cases where the heirs of the victim failed to prove their claim for actual damages, but have shown that they have suffered pecuniary loss by reason of the death of the victim, an award of P25,000.00 by way of temperate damages is justified in lieu of an award of actual or compensatory damages.[54] In People vs. Villanueva,[55] we held that in cases where actual damages was proven by receipts during the trial but said damages amounted to less than P25,000.00, as in the present case, the award of temperate damages in the amount of P25,000.00 is justified in lieu of said actual damages. The rationale for such an award of temperate damages is that it would be anomalous and unfair for the heirs of the victim, who by presenting receipts, tried and succeeded in proving actual damages but in an amount less than P25,000.00, to be placed in a worse situation than those who might not have presented any receipts at all but would be entitled to P25,000.00 for temperate damages.[56]
	GR No. 138534 2004-03-17	PEOPLE v. SPO1 VIRGILIO G. BRECINIO CORONA, J.
aggravating circumstances, the lesser penalty of reclusion perpetua should be imposed in accordance with Article 63 of the Revised Penal Code. We sustain the award by the trial court of civil indemnity in the amount of P50,000, pursuant to prevailing jurisprudence and the policy of the Court.[21] As to actual damages, we have ruled that, when actual damages supported by receipts amount to less
	GR No. 152176 2003-10-01	PEOPLE v. ROGER DELA CRUZ Y DOE YNARES-SANTIAGO, J.
In the case of People v. Villanueva,[17] it was held that when actual damages proven by receipts during the trial amount to less than P25,000.00, as in the present case, the award of temperate damages for P25,000.00 is justified in lieu of actual damages for a lesser amount. This Court ratiocinated that it was anomalous and unfair that the heirs of the victim who tried but succeeded in proving actual damages amounting to less than P25,000.00 would be in a worse situation than those who might have presented no receipts at all but would be entitled to P25,000.00 temperate damages.
	GR No. 148912 2003-09-10	PEOPLE v. TIMOTEO ESCARLOS PANGANIBAN, J.
The trial court awarded moral damages in the amount of P50,000, but failed to award P50,000 as civil indemnity for the death of the victim. Moral damages cannot be granted in the absence of proof therefor.[47] Unlike in rape cases, this type of award is not automatically given in murder or homicide. The prosecution was, however, able to prove actual damages in the sum of P28,650. The award of exemplary damages should be omitted considering that no aggravating circumstance was duly proven.[48]
	GR Nos. 135697-98 2003-08-15	PEOPLE v. PEDRITO ANDRES Y CASUGAY CORONA, J.
With respect to actual damages, the amount of P24,363.85 was duly proven by competent documents[39] during the trial. Ordinarily, William Ducusin's heirs would be entitled to this amount by way of actual damages. However, we declared in the case of People vs. Villanueva[40] that:x x x when actual damages proven by receipts during the trial amount to less than P25,000, as in this case, the award of temperate damages for P25,000 is justified in lieu of actual damages of a lesser amount. Conversely, if the amount of actual damages proven exceeds P25,000, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted. The victim's heirs should, thus, be awarded temperate damages in the amount of P25,000.

PEOPLE v. ALVIN VILLANUEVA