This case has been cited 7 times or more.
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2009-02-12 |
BRION, J. |
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| The Information alleged the aggravating circumstance of treachery. However, we cannot appreciate this circumstance as the prosecution failed to show proof that the appellants made some preparation to kill the victim in a manner that would ensure the execution of the crime or make it impossible or difficult for the person attacked to defend himself.[54] | |||||
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2008-11-03 |
BRION, J. |
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| Treachery is not presumed. The circumstances surrounding the murder must be proved as indubitably as the crime itself.[37] There is treachery when the offender commits any of the crimes against persons, employing means, method or forms which tend directly and especially to insure its execution, without risk to the offender, arising from the defense that the offended party might make.[38] | |||||
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2004-05-27 |
SANDOVAL-GUTIERREZ, J. |
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| In line with the current jurisprudence, the heirs of the victim are entitled to the amount of P50,000.00 by way of civil indemnity ex delicto.[59] As regards the actual damages, it appears that out of the P70,750.00 awarded by the trial court, only P40,000.00[60] was actually supported by receipts. The other amounts were based solely on a prepared list.[61] To be entitled to actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party.[62] Here, the prosecution failed to present receipts for the other expenses incurred. Thus, we reduce the amount of actual damages awarded by the trial court to P40,000.00 only. | |||||
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2003-11-11 |
CALLEJO, SR., J. |
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| Treachery is not presumed. The circumstances surrounding the murder must be proved as indubitably as the crime itself.[42] The rationale of the principle was explained by the Court in People v. Ilo,[43] thus:It is an ancient but revered doctrine that qualifying and aggravating circumstance before being taken into consideration for the purpose of increasing the degree of the penalty to be imposed must be proved with equal certainty and clearness as that which establishes the commission of the act charged as a criminal offense. It is not only the central fact of a killing that must be shown beyond reasonable doubt; every qualifying and aggravating circumstance alleged to have been present and to have attended such killing, must similarly be shown by the same degree of proof.[44] | |||||
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2003-06-26 |
SANDOVAL-GUTIERREZ, J. |
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| In keeping with the current jurisprudence, the heirs of the victim are entitled to the amount of P50,000.00 by way of civil indemnity ex delicto.[55] As regards the actual damages, it appears that out of the P88,000.00 awarded by the trial court, only P36,000.00[56] was actually supported by receipts. The rest was based solely on a list prepared by the victim's mother. To be entitled to actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party.[57] We therefore find it appropriate to reduce the award of actual damages to P36,000.00. The moral damages awarded in the amount of P50,000.00 is affirmed, there being evidence that because of the victim's death, his heirs suffered wounded feelings, mental anguish, anxiety and similar injury.[58] Considering that a qualifying aggravating circumstance of treachery is present here, exemplary damages in the sum of P25,000.00 are likewise awarded to the victim's heirs.[59] | |||||
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2003-05-09 |
SANDOVAL-GUTIERREZ, J. |
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| In keeping with the current jurisprudence, the heirs of Flores are entitled to the amount of P50,000.00 by way of civil indemnity ex delicto.[43] As regards the actual damages, it appears that out of the P55,070.00 awarded by the trial court, only P19,170.00[44] was actually supported by receipts. The other amounts were based solely on a list prepared by Romeo Flores. To be entitled to actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party.[45] In the case at bar, the prosecution failed to present receipts for the other expenses incurred. Thus, in light of the recent case of People vs. Abrazaldo,[46] we grant the award of P25,000.00 as temperate damages inasmuch as the proven actual damages is less than P25,000.00. The moral damages awarded in the amount of P50,000.00 is affirmed, there being proofs that because of Flores' death, his heirs suffered wounded feelings, mental anguish, anxiety and similar injury.[47] However, we reduce to P25,000.00 only the trial court's award of P50,000.00 as exemplary damages.[48] | |||||
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2003-03-06 |
SANDOVAL-GUTIERREZ, J. |
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| In keeping with prevailing jurisprudence, the heirs of the deceased are entitled to the amount of P50,000.00 by way of civil indemnity ex delicto.[48] As regards the actual damages, it appears that the amount of P119,700.00 was based solely on the personal list prepared by Feria's mother.[49] To be entitled to such damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party.[50] In the case at bar, the prosecution failed to present any receipt to prove the claim for expenses incurred.[51] Nevertheless, in light of the recent case of People vs. Abrazaldo,[52] we grant the award of P25,000.00 as temperate damages, in lieu of actual damages. The moral damages awarded in the amount of P50,000.00 is affirmed, there being proofs that because of Feria's death, his heirs suffered wounded feelings, mental anguish, anxiety and similar injury.[53] Finally, we likewise affirm the trial court's award of P25,000.00 as exemplary damages.[54] | |||||