This case has been cited 7 times or more.
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2004-03-11 |
SANDOVAL-GUTIERREZ, J. |
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| With regard to civil liability, no proof was presented as to the actual or moral damages. The trial court, however, ordered appellant to indemnify the heirs of each of the victims the amount of P50,000.00, which we affirm. Unlike the award of actual damages, the award of civil indemnity need no proof other than the death of the victim.[17] In addition, temperate damages may be recovered under Article 2224 of the Civil Code, as it cannot be denied that the heirs suffered some pecuniary loss although the exact amount was not proved with certainty. Hence, an award of P25,000.00 by way of temperate damages would be appropriate.[18] The heirs of Reynaldo and Jesus are awarded P50,000.00 each as civil indemnity and P25,000.00 as temperate damages. | |||||
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2003-06-10 |
BELLOSILLO, J. |
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| With respect to their civil liability, the award of P50,000.00 in civil indemnity is proper and in conformity with current jurisprudence. The heirs of the victim are entitled to moral damages but the sum of P100,000.00 awarded by the trial court should be reduced to P50,000.00. The purpose for the grant of such an award is not to enrich the heirs of the victim but to compensate them for injuries to their feelings.[28] | |||||
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2002-02-20 |
SANDOVAL-GUTIERREZ, J. |
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| Other than his self-serving testimony, appellant did not present any other evidence that would substantiate his claim of ill-motive on the part of Jonah. Indeed, it is highly inconceivable that a young girl would fabricate a serious charge of rape, submit to a medical examination of her private parts, and undergo the trauma and ordeal of a public trial during which she had to narrate in detail her tragic experience, unless she was in fact raped and motivated by a strong desire to seek justice for the wrong committed on her.[26] We thus conclude that no such improper motive exists and that her testimony is worthy of full faith and credit.[27] | |||||
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2001-12-14 |
DE LEON, JR., J. |
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| The court a quo also awarded moral damages and exemplary damages in the amount of Three Hundred Thousand Pesos (P300,000.00) to the heirs of the victim. While moral damages under Article 2206, paragraph 3, of the Civil Code may be awarded by the court for the mental anguish suffered by the heirs of the victim by reason of the victim's death, which was testified to by the father of the victim, the amount should, however, be reduced to Fifty Thousand Pesos (P50,000.00) in accordance with prevailing jurisprudence.[43] The purpose for making such an award is not to enrich the heirs of the victim but to compensate them for injuries to their feelings.[44] With regard to the award of exemplary damages, Article 2230 of the Civil Code provides that in criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances.[45] In the instant case, no aggravating circumstance attended the commission of the crime; hence, the award of exemplary damages should be deleted. | |||||
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2001-10-10 |
PARDO, J. |
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| In People v. De la Cruz,[41] the Court held that for the credibility of a witness to be impeached, the witness should be "confronted with the alleged prior inconsistent statement and given a chance to explain." | |||||
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2001-07-19 |
PARDO, J. |
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| We affirm the award of P50,000.00 as death indemnity to the heirs of Emmanuel Gargaceran as this is in accord with current jurisprudence.[19] As for moral damages, the award of P50,000.00 is proper. The Civil Code provides that "moral damages may be recovered if they are the proximate result of the defendant's wrongful act or omission."[20] Luzviminda Gargaceran, the victim's wife, testified that on May 24, 1993, she saw her husband in the morgue, lying on bed with his left eye opened and his face full of blood. She also testified that the death of her husband left her with three children to support, thus, she did not know what to do.[21] She lost him due to a senseless crime. However, we cannot sustain the award of P25,310.00 as actual damages. The Court can only grant such amount for expenses if proper receipts support them.[22] | |||||
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2001-07-11 |
PARDO, J. |
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| We also award P50,000.00 as moral damages in keeping with current jurisprudence. Moral damages is proper considering the mental anguish suffered by the heirs of the victim on account of her untimely and gruesome death.[13] | |||||