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ALBERTO ALMOJUELA Y VILLANUEVA v. PEOPLE

This case has been cited 1 times or more.

2015-11-25
VILLARAMA, JR., J.
As to the actual damages claimed by the heirs of the victim, the Court has held that only expenses supported by receipts and which appear to have been actually expended in connection with the death of the victims may be allowed.[36]  Unfortunately, in this case, the heirs of the victim were not able to substantiate their claims through receipts. Nevertheless, it is proper to award temperate damages[37] in lieu of actual damages since the heirs of the victim suffered a loss but could not produce documentary evidence to support their claims. In line with prevailing jurisprudence involving convictions for murder,[38] the Court affirms the CA's award of P25,000.00 as temperate damages[39] in favor of the heirs of the victim.