This case has been cited 5 times or more.
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2007-12-19 |
CHICO-NAZARIO, J. |
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| There is treachery when the following requisites are present: (1) the employment of means, methods, or manner of execution to ensure the safety of the malefactor from defensive or retaliatory action on the part of the victim and (2) the deliberate or conscious adoption of such means, method or manner of execution.[15] | |||||
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2001-11-27 |
PUNO, J. |
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| The trial court ordered accused-appellant to indemnify the heirs of the victim the sum of P120,000.00 as and for actual and moral damages. This is erroneous. Prosecution witness Sanita testified that she spent P20,000.00 for the wake of her husband, but there were no receipts presented to support the same, It is axiomatic that a party seeking the award of actual damages must produce competent proof or the best evidence obtainable to justify such award.[22] Since no receipts of expenses were presented, actual damages should be disallowed.[23] | |||||
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2001-05-07 |
PER CURIAM |
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| First. Accused-appellant claims that he killed Vic Jun Silvano in self-defense. To begin with, the findings of fact of the trial court are entitled to respect as the trial court has had the opportunity to observe the deportment of the witnesses during trial. Indeed, the trial court correctly gave credence to the evidence of the prosecution that it was accused-appellant who committed the aggression. Between the self-serving testimony of accused-appellant and that of Domingo Lombreno, Jr., the trial court correctly found the latter more credible. Lombreno, Jr. is a disinterested witness. No evidence was shown that he had any motive to testify falsely.[30] His testimony is consistent with the evidence showing that the deceased sustained two stab wounds.[31] It is improbable that accused-appellant would have been able to stab the deceased twice without himself suffering any injury if, as accused-appellant claimed, both of them simultaneously pulled out their respective knives.[32] It is more probable that from the start accused-appellant was on the offensive and that the deceased was unarmed, as the eyewitness Domingo Lombreno, Jr. said. | |||||
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2001-01-18 |
MENDOZA, J. |
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| However, the award of P200,000.00 as moral damages must be reduced to P50,000.00 in accordance with current rulings,[53] while the award of P63,800.00 as actual damages must be disallowed for lack of receipts to support the same.[54] | |||||