This case has been cited 2 times or more.
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2014-07-21 |
DEL CASTILLO, J. |
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| Both the trial court and the appellate court properly sentenced appellant to suffer the penalty of reclusion perpetua. Appellant, however, is not eligible for parole.[18] The award of P42,983.80 as actual damages is likewise proper as the same is supported by receipts. The award of P50,000.00 as moral damages is also proper. However, the awards of civil indemnity must be increased to P75,000.00 and exemplary damages to P30,000.00 in line with prevailing jurisprudence.[19] In addition, all monetary awards shall earn interest at the rate of 6% per annum from the date of finality of this Resolution until fully paid. | |||||
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2013-10-23 |
REYES, J. |
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| The award of P50,000.00 as civil indemnity to the heirs of Apolinario is proper and in line with current jurisprudence.[26] Civil indemnity is mandatory upon proof of the fact of death of the victim and the culpability of the accused for such death.[27] The award of P50,000.00[28] as moral damages is likewise correct. Even in the absence of any allegation and proof of the heirs' emotional suffering, it has been recognized that the loss of a loved one to a violent death brings emotional pain and anguish.[29] | |||||