This case has been cited 2 times or more.
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2012-07-30 |
LEONARDO-DE CASTRO, J. |
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| Pursuant to recent jurisprudence, this Court is increasing the award of civil indemnity from Fifty Thousand Pesos (P50,000.00) to Seventy-Five Thousand Pesos (P75,000.00) for each count of Murder[53] as well as decreasing the award of moral damages from Two Hundred Thousand Pesos (P200,000.00) to Fifty Thousand Pesos (P50,000.00) for each count of Murder[54] and from Fifty Thousand Pesos (P50,000.00) to Forty Thousand Pesos (P40,000.00) for each count of Attempted Murder.[55] Furthermore, in accordance with Article 2230 of the Civil Code,[56] exemplary damages should be awarded in the amount of Thirty Thousand Pesos (P30,000.00) for each count of Murder[57] as well as for each count of Attempted Murder.[58] | |||||
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2011-12-14 |
LEONARDO-DE CASTRO, J. |
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| We uphold the ruling of the RTC that the accused-appellant's defense of alibi deserves scant consideration. "Alibi is an inherently weak defense because it is easy to fabricate and highly unreliable. To merit approbation, the accused must adduce clear and convincing evidence that he was in a place other than the situs criminis at the time the crime was committed, such that it was physically impossible for him to have been at the scene of the crime when it was committed."[55] "[S]ince alibi is a weak defense for being easily fabricated, it cannot prevail over and is worthless in the face of the positive identification by a credible witness that an accused perpetrated the crime."[56] | |||||