This case has been cited 2 times or more.
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2015-02-18 |
PERLAS-BERNABE, J. |
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| Anent the award of damages, the Court deems it proper to modify the amount given in order to conform with existing rules and recent jurisprudence. When death occurs due to a crime, the following may be awarded: (a) civil indemnity ex delicto for the death of the victim; (b) actual or compensatory damages; (c) moral damages; (d) exemplary damages; and (e) temperate damages.[30] Thus, with respect to the crime for which herein accused-appellants are convicted, civil indemnity in the amount of P75,000.00 is granted without need of evidence other than the commission of the crime,[31] moral damages in the sum of P75,000.00 is granted automatically in the absence of any qualifying aggravating circumstance,[32] exemplary damages in the sum of P30,000.00 is granted where the circumstances of the case show the highly reprehensible conduct of the offenders, and where the amount of actual damages for funeral expenses cannot be ascertained due to the absence of receipts to prove them, temperate damages in the sum of P25,000.00 may be granted in lieu thereof. In addition, the Court also imposes on all the monetary awards for damages interest at the legal rate of six percent (6%) from the date of finality of this Decision until fully paid. | |||||
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2015-01-21 |
PERLAS-BERNABE, J. |
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| In sum, the RTC and the CA correctly convicted Balute of the crime of Robbery with Homicide as defined and penalized under Article 294(1) of the RPC, as amended. However, the Court deems it appropriate to adjust the award of moral damages from P50,000.00 to P75,000.00 in order to conform with prevailing jurisprudence.[20] Further, the Court also awards exemplary damages in the amount of P30,000.00 in favor of the heirs of SPO1 Manaois due to the highly reprehensible and/or outrageous conduct of Balute in committing the aforesaid crime.[21] | |||||