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PEOPLE v. HALIL GAMBAO Y ESMAIL

This case has been cited 30 times or more.

2016-01-13
BRION, J.
In People v. Gambao,[25] the Court set the minimum indemnity and damages where facts warranted the imposition of the death penalty, if not for prohibition thereof by R.A. No. 9346, as follows: (1) P100,000.00 as civil indemnity; (2) P100,000.00 as moral damages which the victim is assumed to have suffered and thus needs no proof; and (3) P100,000.00 as exemplary damages to set an example for the public good.
2016-01-12
BRION, J.
In the case of People v. Gambao[55] (also for kidnapping for ransom), the Court set the minimum indemnity and damages where facts warranted the imposition of the death penalty if not for prohibition thereof by R.A. No. 9346, as follows: (1) P100,000.00 as civil indemnity; (2) P100,000.00 as moral damages which the victim is assumed to have suffered and thus needs no proof; and (3) PI00,000.00 as exemplary damages to set an example for the public good. These amounts shall earn interest at the rate of six percent (6%) per annum from the date of the finality of the Court's Resolution until fully paid.
2016-01-11
LEONEN, J.
In People v. Gambao,[29] we took occasion to require an increase in the minimum award of damages where the death penalty would have been imposed, were it not for a law[30] preventing it: We take this opportunity to increase the amounts of indemnity and damages, where, as in this case, the penalty for the crime committed is death which, however, cannot be imposed because of the provisions of R.A. No. 9346:
2016-01-11
LEONEN, J.
P100,000.00 as exemplary damages to set an example for the public good. These amounts shall be the minimum indemnity and damages where death is the penalty warranted by the facts but is not imposable under present law.[31] (Emphasis supplied)
2015-12-09
PEREZ, J.
As to the award of damages, we deem it proper to further modify the CA's award. Pursuant to our ruling in People v. Gambao,[27] AAA is thus entitled to P100,000.00 as civil indemnity, PI00,000.00 as moral damages and P 100,000.00 as exemplary damages. Finally, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of this judgment until fully paid.[28]
2015-12-02
PEREZ, J.
In accordance with prevailing jurisprudence,[13] the award of civil indemnity, moral and exemplary damages is modified. AAA is thus entitled to P100,000.00 as civil indemnity, P100,000.00 as moral damages and P100,000.00 as exemplary damages. Finally, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of this judgment until fully paid.[14]
2015-11-25
VILLARAMA, JR., J.
We deem it proper to increase the award of civil indemnity from P75,000.00 to PI 00,000.00; moral damages from P50,000.00 to P100,000.00; and exemplary damages from P30,000.00 to P100,000 in line with People v. Gambao[33] This increased award of damages has been applied by the Court to a similar case[34] where the use of an unlicensed firearm was considered a special aggravating circumstance in the crime of murder which would have warranted the imposition of the death penalty if not for the provisions of Republic Act No. 9346.[35]
2015-11-23
MENDOZA, J.
As to the award of damages, the Court, deems it proper to increase the same in consonance with our ruling in People v. Gambao,[38] where the amounts of indemnity and damages were increased when the proper penalty for the crime committed by the accused was death but was not imposed because of the enactment of R.A. No. 9346, setting the minimum thereof, as follows: P100,000.00 as civil indemnity, P100,00.00 as moral damages and P100,000.00 as exemplary damages.[39] Accordingly, in this case, the awards of civil indemnity should be increased from P50,000.00 to P100,000.00; moral damages from P75,000.00 to P100,000.00; and exemplary damages from P30,000.00 to P100,000.00.
2015-09-23
PEREZ, J.
The award of damages should be modified pursuant to the ruling in People v. Gambao.[22] We hold that AAA is entitled to P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages for each count of rape. All damages awarded shall earn interest at the rate of 6% per annum from the date of finality of this Decision until fully paid.[23]
2015-08-26
PEREZ, J.
In addition to the penalty imposed upon accused-appellant, it is a fundamental rule that civil indemnity must be awarded if the fact of rape is established without further need of proof for moral damages.[52] Under existing jurisprudence,[53] where death is the penalty warranted by the facts but is not imposable under the present law, then the following amounts should be imposed: P100,000.00 as civil indemnity; P100,000.00 as moral damages; and P100,000.00 as exemplary damages.
2015-07-29
LEONARDO-DE CASTRO, J.
Nevertheless, we have to modify the amount of damages to be awarded to conform to recent jurisprudence. In the similar case of People v. Gambao[83] for Kidnapping for Ransom, the Court set the minimum indemnity and damages where facts warranted the imposition of the death penalty if not for prohibition thereof by Republic Act No. 9346, to wit: (1) P100,000.00 as civil indemnity; (2) P100,000.00 as moral damages which the victim is assumed to have suffered and thus needs no proof; and (3) P100,000.00 as exemplary damages to set an example for the public good.
2015-06-29
VILLARAMA, JR., J.
Conformably with People v. Gambao,[26] we sustain the award of P100,000 as civil indemnity and increase the awards of moral and exemplary damages to P100,000 each. In addition, we award P25,000 to the victim’s heirs as temperate damages in lieu of unproven actual damages.[27] The CA correctly added that damages assessed in this case shall be subject to interest at six percent (6%) per annum.
2015-02-25
PERALTA, J.
Lastly, the trial court pronounced that Alquizola was not part of the conspiracy because his participation in the crime was uncertain,[66] citing People v. Lobrigo.[67]  It found that his participation was not in furtherance of the plan, if any, to commit the crime of rape.[68]  The Court, however, finds that the RTC erred in ruling that Alquizola's liability is not of a conspirator, but that of a mere accomplice.  To establish conspiracy, it is not essential that there be proof as to previous agreement to commit a crime, it being sufficient that the malefactors shall have acted in concert pursuant to the same objective.  Conspiracy is proved if there is convincing evidence to sustain a finding that the malefactors committed an offense in furtherance of a common objective pursued in concert.[69]  Proof of conspiracy need not even rest on direct evidence, as the same may be inferred from the collective conduct of the parties before, during or after the commission of the crime indicating a common understanding among them with respect to the commission of the offense.[70]
2015-02-09
DEL CASTILLO, J.
The CA's awards of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P25,000.00 as exemplary damages, for each count of qualified rape must however be modified. Pursuant to People v. Gambao,[50] we hold that "AAA" is entitled to P100,000.00 as civil indemnity, P100,000.00 as moral damages and P100,000.00 as exemplary damages, for each count of qualified rape.
2015-02-02
DEL CASTILLO, J.
With respect to damages, the amounts of civil indemnity, moral damages and exemplary damages awarded by the CA must be increased to P100,000.00 each in line with prevailing jurisprudence.[22] Moreover, temperate damages in the amount of P25,000.00 must also be awarded in view of the absence of evidence of burial and funeral expenses. Lastly, interest of 6% per annum shall be imposed on all the awards of damages from the date of finality of this judgment until fully paid.[23]
2015-01-21
PEREZ, J.
In conformance with the prevailing jurisprudence, we deem it proper to modify the amount of damages awarded in this case.  In People v. Gambao,[21] we increase the amounts of indemnity and damage where the penalty for the crime committed is death but which cannot be imposed because of Republic Act No. 9346, as follow: P100,000.00 as civil indemnity;
2015-01-14
PEREZ, J.
In conformance with the prevailing jurisprudence however, we deem it proper to modify the amount of damages awarded in this case. In People v. Gambao,[23] we increased the amounts of indemnity and damage where the penalty for the crime committed is punishable by death which cannot however be imposed because of Republic Act No. 9346. As increased, the amount of damages to be awarded are as follows: P100,000.00 as civil indemnity;
2014-12-10
DEL CASTILLO, J.
As regards the three counts of qualified rape, "AAA" is entitled to the following awards: P100,000.00 as civil indemnity for each count; P100,000.00 as moral damages for each count; and P100,000.00 as exemplary damages for each count.[50]
2014-09-24
PEREZ, J.
Following the new jurisprudential ruling of People v. Gambao[32] on damages, we increase the amounts of indemnity and damages to be imposed as follows: P100,000.00 as civil indemnity; P100,000.00 as moral damages; and P100,000.00 as exemplary damages.[33] In addition, we impose six percent (6%) interest from finality of judgment until fully paid.[34]
2014-09-22
DEL CASTILLO, J.
In robbery with homicide, civil indemnity and moral damages are awarded automatically without need of allegation and evidence other than the death of the victim owing to the commission of the crime.[43]  Here, the RTC and CA granted civil indemnity and moral damages to Espino's heirs in the amount of P50,000.00 each.  These courts were correct in granting the awards, but the awards should have been P100,000.00 each.  Recent jurisprudence[44] declares that when the imposable penalty is death, the awards of civil indemnity and moral damages shall be P100,000.00 each.
2014-09-17
PEREZ, J.
Following the new jurisprudential ruling of People v. Gambao[51] on damages, we increase the amounts of indemnity and damages to be imposed as follows: P100,000.00 as civil indemnity; P100,000.00 as moral damages; and P100,000.00 as exemplary damages.[52] In addition, we impose six percent (6%) interest from finality of judgment until fully paid.[53]
2014-08-20
MENDOZA, J.
The Court also sustains the RTC in awarding actual damages in the amount of P273,132.00 plus interest committed from the filing of the information until fully paid. As regards the moral damages against the accused-appellants, the Court finds the award of P1,000,000.00 to be exorbitant. Hence, the same is being reduced to P200,000.00, as the reasonable compensation for the ignominy and sufferings that Alastair and his family endured because of the accused-appellants' inhumane acts of detaining him in handcuffs and chains, and mentally torturing him and his family to raise the ransom money. The fact that they suffered the trauma  from mental, physical and psychological ordeal which constitutes the basis for moral damages under Article 2219 of the Civil Code is too obvious to still require its recital at the trial through the superfluity of a testimonial charade. The Court also finds the award of exemplary damages to be in order in view of the presence of the qualifying circumstance of demand for ransom, and to serve as an example and deterrence for the public good. The Court, however, reduces the amount from P200,000.00 to P100,000.00 in line with prevailing jurisprudence.[38]
2014-07-18
PEREZ, J.
For clarity, the lower courts should have emphasized that reclusion perpetua as the proper penalty for the crime of statutory rape was imposed in lieu of death penalty pursuant to Republic Act No. 7659. When Republic Act No. 9346 prohibited the imposition of death penalty, persons convicted of offenses punished with death penalty will now be reduced to reclusion perpetua. And in line with our recent ruling in People v. Gambao[21] where we order an increase in the amount of damages to P100,000.00 each for civil indemnity, moral and exemplary damages, we deem it necessary to increase the amount of damages accordingly.
2014-07-02
PEREZ, J.
As to the civil indemnity, the award to the rape victim is mandatory when rape is found to have been committed; while moral damages must also be awarded in rape cases without need of proof other than the fact of rape since it is assumed that the victim suffered moral injuries entitling her to such an award.  However, in view of the most recent pronouncements of this Court, we modify the awards of civil indemnity and moral damages by the appellate court and increase the respective amount to P100,000.00.[23]
2014-06-18
PEREZ, J.
In this case, the Court of Appeals awarded P75,000.00 as civil indemnity, P75,000.00 as moral damages and P30,000.00 as exemplary damages. This Court, however, deems it proper to increase the same in line with People v. Gambao,[46] which set the minimum indemnity and damages in cases where death is the penalty warranted by the facts but is not imposable under present law, as follows: P100,000.00 as civil indemnity, P100,00.00 as moral damages and P100,000.00 as exemplary damages. Thus, this Court increased the awards of civil indemnity and moral damages from P75,000.00 to P100,000.00. The award of exemplary damages is similarly increased from P25,000.00 to P100,000.00. Also, in conformity with this Court's recent pronouncements, the interest at the rate of 6% per annum shall be imposed on all damages awarded from the date of the finality of this judgment until fully paid.[47]
2014-06-11
LEONEN, J.
In People v. Gambao,[71] we increased the amounts of indemnity and damages where the proper penalty for the crime committed by the accused is death but where it cannot be imposed because of the enactment of Republic Act No. 9346.[72] We imposed as a minimum the amounts of One Hundred Thousand Pesos (PI 00,000.00) as civil indemnity; One Hundred Thousand Pesos (P100,000.00) as moral damages; and One Hundred Thousand Pesos (P100,000.00) as exemplary damages.
2014-04-02
LEONEN, J.
It is settled that the award of civil indemnity is mandatory upon a finding that rape was committed, along with the award of moral and exemplary damages.[26] In People v. Degay,[27] the accused-appellant was found guilty of raping his nine-year-old neighbor. This court did not hesitate to increase the award of civil indemnity and moral damages from P50,000.00 to P75,000.00. In People v. Gambao,[28] we have also increased the award of civil indemnity, moral damages, and exemplary damages to P100,000.00 each.
2013-12-11
REYES, J.
The Court, however, finds that the damages awarded by the CA should be modified. Recent jurisprudence established the amount of damages to be awarded. In People of the Philippines v. Halil Gambao y Esmail, et al.,[20] which also involves a Kidnapping for Ransom case, the Court set the minimum indemnity and damages where death is the penalty warranted by the facts but is not imposable under present law, as follows: 1) P100,000.00 as civil indemnity; 2) P100,000.00 as moral damages which the victim is assumed to have suffered and thus needs no proof; and 3) P100,000.00 as exemplary damages to set an example for the public good.[21] The accused-appellants who are principals to the crime shall be jointly and severally liable for these amounts awarded in favor of each of the victims. Moreover, these amounts shall accrue interest at the rate of six percent (6%) per annum, to earn from the date of the finality of the Court's Resolution until fully paid.[22]
2013-11-27
LEONARDO-DE CASTRO, J.
The trial court awarded each victim One Hundred Thousand Pesos (P100,000.00) as moral damages and Fifty Thousand Pesos (P50,000.00) each as exemplary damages.  In line with prevailing jurisprudence, the moral damages awarded to James is increased to P200,000.00 considering his minority,[37] and the exemplary damages awarded to both victims is increased to P100,000.00.[38]  Accused-appellant Niegas is likewise rendered additionally liable for P100,000.00 in civil indemnity to both victims.[39]
2013-10-09
PEREZ, J.
The award of moral damages by the CA should be increased from P50,000.00 to P100,000.00.[26] As borne out by human nature and experience, a violent death invariably and necessarily brings about emotional pain and anguish on the part of the victim's family. It is inherently human to suffer sorrow, torment, pain and anger when a loved one becomes the victim of a violent or brutal killing. Such violent death or brutal killing not only steals from the family of the deceased his precious life, deprives them forever of his love, affection and support, but often leaves them with the gnawing feeling that an injustice has been done to them. For this reason, moral damages must be awarded even in the absence of any allegation and proof of the heirs' emotional suffering.[27]