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PEOPLE v. EDGAR CONCILLADO

This case has been cited 9 times or more.

	GR No. 200800 2015-02-09	PEOPLE v. OSCAR SEVILLANO Y RETANAL PEREZ, J.
We likewise affirm the CA's award of P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P30,000.00 as exemplary damages to the victim's heirs, as these amounts are consistent with current jurisprudence.[15] In addition, we impose on all the monetary awards for damages interest at the legal rate of six percent (6%) per annum from date of finality of the resolution until fully paid.[16]
	GR No. 207818 2014-07-23	PEOPLE v. ALEX DE LOS SANTOS REYES, J.
Thus, to escape criminal liability, the accused must prove by clear and convincing evidence the concurrence of the following requisites under the second paragraph of Article 11 of the Revised Penal Code (RPC), viz: (1) unlawful aggression; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself.[16]
	GR No. 170462 2014-02-05	RODOLFO GUEVARRA v. PEOPLE BRION, J.
Also, we impose on all the monetary awards for damages interest at the legal rate of six percent (6%) per annum from date of finality of the decision until fully paid.[34]
	GR No. 202847 2013-10-23	PEOPLE v. ANTERO GAMEZ Y BALTAZAR REYES, J.
In order to escape criminal liability, it becomes incumbent upon the accused to prove by clear and convincing evidence the concurrence of the following requisites under the second paragraph of Article 11 of the Revised Penal Code, viz: (1) unlawful aggression; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself. [16]
	GR No. 177763 2013-07-03	PEOPLE v. GARY VERGARA Y ORIEL LEONARDO-DE CASTRO, J.
Lastly, we sustain the RTC's award for moral damages in the amount of P50,000.00 even in the absence of proof of mental and emotional suffering of the victim's heirs.[42] 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.[43] While no amount of damages may totally compensate the sudden and tragic loss of a loved one it is nonetheless awarded to the heirs of the deceased to at least assuage them.
	GR No. 179041 2013-04-01	PEOPLE v. ARNEL NOCUM DEL CASTILLO, J.
For the killing of Medel, we award to his heirs the amount of P50,000.00 as civil indemnity pursuant to prevailing jurisprudence.[73] Said heirs are also entitled to an award of moral damages in the sum of P50,000.00 as in all cases of murder and homicide, without need of allegation and proof other than the death of the victim.[74] We cannot, however, award actual damages due to the absence of receipts to substantiate the expenses incurred for Medel's funeral. The rule is that only duly receipted expenses can be the basis of actual damages.[75] "Nonetheless, 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."[76] We therefore award the sum of P25,000.00 as temperate damages in lieu of actual damages to the heirs of Medel. "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 date of finality of this Decision until fully paid."[77]
	GR No. 188603 2013-01-16	PEOPLE v. RAMIL RARUGAL LEONARDO-DE CASTRO, J.
We sustain the RTC's award for moral damages in the amount of P50,000.00 even in the absence of proof of mental and emotional suffering of the victim's heirs.[35] 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.[36]
	GR No. 184601 2012-11-12	PEOPLE v. MARCIAL MALICDEM Y MOLINA LEONARDO-DE CASTRO, J.
The heirs of the victim was able to prove before the trial court, actual damages in the amount of P38,300.00. Civil indemnity in the amount of P75,000.00 is mandatory and is granted without need of evidence other than the commission of the crime.[30] Moral damages in the sum of P50,000.00 should be awarded despite the absence of proof of mental and emotional suffering of the victim's heirs.[31] 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.[32]
	GR No. 188612 2012-07-30	PEOPLE v. DIOSDADO CAMAT LEONARDO-DE CASTRO, J.
There is treachery or alevosia when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from any defense which the offended party might make.[43] For alevosia to qualify the crime to Murder, it must be shown that: (1) the malefactor employed such means, method or manner of execution as to ensure his or her safety from the defensive or retaliatory acts of the victim; and (2) the said means, method and manner of execution were deliberately adopted. Moreover, for treachery to be appreciated, it must be present and seen by the witness right at the inception of the attack.[44]