This case has been cited 3 times or more.
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2014-09-22 |
DEL CASTILLO, J. |
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| Lastly, the RTC did not err in refusing to award indemnity for loss of earning capacity of Espino despite the testimony of his daughter that he earned P3,000.00 a day as a meat dealer. "Such indemnity is not awarded in the absence of documentary evidence except where the victim was either self-employed or was a daily wage worker earning less than the minimum wage under current labor laws. Since it was neither alleged nor proved that the victim was either self-employed or was a daily wage earner, indemnity for loss of earning capacity cannot be awarded to the heirs of the victim."[49] | |||||
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2010-08-09 |
PEREZ, J. |
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| The award for civil indemnity is mandatory and is granted to the heirs of the victim without need of proof other than the commission of the crime.[32] To conform with recent jurisprudence,[33] however, the amount awarded by the Court of Appeals is hereby increased to P75,000.00. | |||||
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2010-03-30 |
LEONARDO-DE CASTRO, J. |
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| As to actual damages, the rule is that "only receipted expenses can be the basis of actual damages arising from [medical] funeral expenditures."[30] All the prosecution presented was a receipt from the funeral parlor amounting to P2,500.00.[31] Since the receipted expenses of the victim's family was less than P25,000.00, temperate damages in the said amount can be awarded in lieu of actual damages.[32] Accordingly, the heirs of the victim are not entitled to actual damages but to temperate damages in the amount of P25,000.00. | |||||