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PEOPLE v. ALFREDO CABANDE

This case has been cited 3 times or more.

	GR No. 135981 2004-01-15	PEOPLE v. MARIVIC GENOSA PANGANIBAN, J.
There is treachery when one commits any of the crimes against persons by employing means, methods or forms in the execution thereof without risk to oneself arising from the defense that the offended party might make.[81] In order to qualify an act as treacherous, the circumstances invoked must be proven as indubitably as the killing itself; they cannot be deduced from mere inferences, or conjectures, which have no place in the appreciation of evidence.[82] Because of the gravity of the resulting offense, treachery must be proved as conclusively as the killing itself.[83]
	GR No. 135919 2003-05-09	PEOPLE v. DANNY DELOS SANTOS Y FERNANDEZ SANDOVAL-GUTIERREZ, J.
= P266,400.00" [49] WHEREFORE, the Decision dated October 2, 1998 of the Regional Trial Court, Branch 21, Malolos, Bulacan, in Criminal Case No. 3551798, finding appellant Danny delos Santos y Fernandez guilty of the crime of murder is AFFIRMED with MODIFICATION in the sense that he is sentenced to suffer the penalty of reclusion perpetua and to pay the heirs of the late Rod Flores y Juanitas the amounts of P50,000.00 as civil indemnity, P25,0000.00 as temperate damages, P50,000.00 as moral damages, P25,000.00 as exemplary damages, and P266,400.00 for loss of earning capacity.
	GR No. 130587 2000-07-12	PEOPLE v. ROLDAN BOHOL Y GALICIA PARDO, J.
The Solicitor General recommended that the death indemnity imposed on accused-appellant be increased from fifty thousand (P50,000.00) pesos to seventy-five thousand (P75,000.00) pesos, citing People v. Victor.[26] In the case cited, however, the Court increased the indemnity for the victim in cases where rape was qualified by any of the circumstances under which the death penalty was authorized.[27] However, the case at bar is one for murder, where the indemnity for death of the victim is set at P50,000.00 in accordance with current jurisprudence.[28] Thus, the trial court properly awarded the amount of fifty thousand (P50,000.00) pesos as death indemnity, which may be awarded without need of proof other than the commission of the crime.