This case has been cited 2 times or more.
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2002-05-29 |
KAPUNAN, J. |
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| The trial court correctly awarded P50,000.00 as civil indemnity. Consistent with recent jurisprudence, the award of moral damages should be increased to P50,000.00.[39] However, the court cannot rely on conjecture or guesswork on the fact and extent of damages.[40] The amount of actual damages must be proved with a reasonable degree certainty[41] and must be premised upon competent proof and on the best evidence obtainable by the injured party.[42] Hence, the award of actual damages must be reduced to P26,500.00 which is the amount substantiated by receipts.[43] Anent the amount of lost income, the formula for its computation is - | |||||
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2002-04-19 |
QUISUMBING, J. |
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| Moreover, alibi and denial cannot prevail over the positive testimony of the appellants by the prosecution witnesses, Balase and Quiling,[34] concerning appellants' actual participation and identification. Although it may be conceded that their testimonies differ in some respects (e.g. to which gate of the auditorium did Alfredo go and the supposed parts of Alfredo's body hit by the blows), yet these differences do not refer to the crux of the matter, which is their presence at the scene and their participation in the commission of the crime. Besides, witnesses are not expected to remember every single detail of an incident with perfect or total recall.[35] | |||||