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PEOPLE v. BENNY ACOSTA

This case has been cited 9 times or more.

	GR No. 130531 2004-05-27	PEOPLE v. MICHAEL SIMON SANDOVAL-GUTIERREZ, J.
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.
	GR No. 133380 2004-02-18	PEOPLE v. FLAVIANO R. SEGNAR SANDOVAL-GUTIERREZ, J.
The trial court did not award actual damages, obviously because the victim's mother failed to present proof of funeral expenses she incurred. 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.[24] However, in People vs. Abrazaldo,[25] we held that where the amount of the actual damages cannot be determined because of the absence of receipts to prove the same, but it is shown that the heirs are entitled thereto, temperate damages may be awarded, fixed at P25,000.00. Here, since funeral expenses were obviously incurred by Leonila, an award of P25,000.00 as temperate damages is proper.
	GR Nos. 138874-75 2004-02-03	PEOPLE v. FRANCISCO JUAN LARRA×AGA PER CURIAM
[154] People vs. Acosta, G.R. No. 140386, November 29, 2001, 371 SCRA 181; People vs. Suelto, 381 Phil. 351 (2000); People vs. Samolde, G.R. No. 128551, July 31, 2000, 336 SCRA 632.
	GR No. 152176 2003-10-01	PEOPLE v. ROGER DELA CRUZ Y DOE YNARES-SANTIAGO, J.
However, the trial court failed to award actual damages. 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.[15] In the case at bar, the prosecution was able to substantiate the claim for funeral expenses in the amount of P8,500.00 with receipts.[16]
	GR No. 137296 2003-06-26	PEOPLE v. DIONISIO VICENTE Y QUINTO SANDOVAL-GUTIERREZ, J.
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]
	GR No. 135919 2003-05-09	PEOPLE v. DANNY DELOS SANTOS Y FERNANDEZ SANDOVAL-GUTIERREZ, J.
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]
	GR No. 134121 2003-03-06	PEOPLE v. EDWIN ALCODIA Y SIMON SANDOVAL-GUTIERREZ, J.
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]
	GR No. 124392 2003-02-07	PEOPLE v. FEDERICO ABRAZALDO SANDOVAL-GUTIERREZ, J.
On the trial court's award of actual damages in the amount of P27,000.00, we find the same to be unsubstantiated. 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.[47] In the case at bar, the prosecution failed to present any receipt to prove the claim for expenses incurred.[48] Gregorio Guban, the father of the victim, who shouldered the expenses for the wake and burial failed to submit receipts to show the amount of such expenses.[49] However, as the heirs of Guban did actually incur funeral expenses, we are justified in awarding P25,000.00, not for purposes of indemnification, but by way of temperate damages.[50]
	GR No. 140545 2002-05-29	PEOPLE v. IRENEO GODOY KAPUNAN, J.
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 -