This case has been cited 8 times or more.
2014-07-23 |
REYES, J. |
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Further, the location, the number and gravity of the wounds inflicted on Catriz indicate a determined effort to kill and not merely to defend. Based on Dr. Yuaga's post-mortem examination, 4 of the 11 stab wounds inflicted on Catriz were in the mid extremity of the heart area sufficient to cause instantaneous death. True enough, Catriz died of "hypovolemic shock, secondary to multiple stab wounds." It has been repeatedly ruled that the nature, number and location of the wounds sustained by the victim disprove a plea of self-defense.[21] | |||||
2013-10-09 |
PEREZ, J. |
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Likewise, in conformity with our ruling in People v. Halil Gambao, et al.,[28] where the penalty for the crime committed is death which, however, cannot be imposed as earlier discussed, we increase the award of civil indemnity from P50,000.00 to P100,000.00. In addition, the award of exemplary damages in the amount of P100,000.00, is in order. Further, in accordance with current policy, we also impose on all the monetary awards for damages an interest at the legal rate of 6% from date of finality of this Decision until fully paid.[29] | |||||
2013-07-17 |
PEREZ, J. |
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The trial court likewise correctly awarded civil indemnity and moral damages and exemplary damages to the heirs of the victim. We, however, increase the award of civil indemnity to P75,000.00,[26] while reducing the award of exemplary damages to P30,000.00, in conformity with current policy, we also impose on all the monetary awards for damages an interest at the legal rate of 6% from date of finality of this Decision until fully paid.[27] | |||||
2013-07-03 |
PEREZ, J. |
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"Conspiracy is said to exist where two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Direct proof is not essential to prove conspiracy for it may be deduced from the acts of the accused before, during and after the commission of the crime charged, from which it may be indicated that there is a common purpose to commit the crime."[44] | |||||
2011-12-14 |
DEL CASTILLO, J. |
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As regards actual damages, the son of Cesario, Neldison, testified that the sum of P40,000.00 was spent for the coffin of his father but was unable to present receipts to substantiate such claim. 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, as it is hereby granted, in lieu thereof. [53] "Under Article 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved." [54] | |||||
2011-11-28 |
DEL CASTILLO, J. |
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burden of proof to establish the guilt of the accused beyond reasonable doubt. However, once the accused admits the commission of the offense charged but raises a justifying circumstance as a defense, the burden of proof is shifted to him. He cannot rely on the weakness of the evidence for the prosecution for even if it is weak, it cannot be doubted especially after he himself has admitted the killing. This is because a judicial confession constitutes evidence of a high order."[112] | |||||
2011-10-03 |
DEL CASTILLO, J. |
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In this case, we find that the trial court, as affirmed by the CA, correctly awarded the heirs of the deceased P50,000.00 as moral damages.[48] However, as regards the award of civil indemnity, the same must be increased to P75,000.00 in line with prevailing jurisprudence.[49] Civil indemnity is "granted to the heirs of the victim without need of proof other than the commission of the crime;"[50] while "moral damages are awarded despite the absence of proof of mental and emotional suffering of the victim's heirs."[51] | |||||
2011-10-03 |
DEL CASTILLO, J. |
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We find proper the trial court's award to the heirs of Noemar of the sums of P50,000.00 as civil indemnity, and P50,000.00 as moral damages. However, the award of exemplary damages of P25,000.00 should be increased to P30,000.00 in accordance with prevailing jurisprudence.[27] "In addition, and in conformity with current policy, we also impose on all the monetary awards for damages an interest at the legal rate of 6% from the date of finality of this Decision until fully paid."[28] |