This case has been cited 2 times or more.
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2010-07-07 |
LEONARDO-DE CASTRO, J. |
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| Conformably with existing jurisprudence, the heirs of Donald Pais are entitled to civil indemnity in the amount of P75,000.00, which is mandatory and is granted to the heirs of the victim without need of proof other than the commission of the crime.[27] Likewise, moral damages in the amount of P50,000.00 shall be awarded in favor of the heirs of the victim. Moral damages are awarded despite the absence of proof of mental and emotional suffering of the victim's heirs. As borne out by human nature and experience, a violent death invariably and necessarily brings about emotional pain and anguish on the part of the victim's family.[28] | |||||
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2010-06-29 |
VELASCO JR., J. |
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| Based on Article 100 of the Revised Penal Code, every person criminally liable for a felony is also civilly liable. Thus, when death occurs due to a crime, the following damages may be awarded: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney's fees and expenses of litigation; and (6) interest, in proper cases.[57] In cases of murder and homicide, civil indemnity of PhP 75,000 and moral damages of PhP 50,000 are awarded automatically.[58] Indeed, such awards are mandatory without need of allegation and proof other than the death of the victim,[59] owing to the fact of the commission of murder or homicide.[60] | |||||