This case has been cited 1 times or more.
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2015-06-22 |
BERSAMIN, J. |
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| The aggravating circumstances of dwelling and nighttime are not appreciated to raise the penalty to be imposed because the information did not specifically allege them. But they should be appreciated in order to justify the grant of exemplary damages to the heirs of the victim in the amount of P30,000.00 in accordance with relevant jurisprudence.[25] Under Article 2230 of the Civil Code, exemplary damages may be granted if at least one aggravating circumstance attended the commission of the crime. The aggravating circumstance for this purpose need not be specifically alleged in the information, and can be either a qualifying or attendant circumstance. As expounded in People v. Catubig:[26] | |||||