This case has been cited 4 times or more.
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2014-07-23 |
REYES, J. |
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| The award of civil indemnity, moral damages and exemplary damages were correct. Civil indemnity is mandatory upon proof of the fact of death of the victim and the culpability of the accused for such death.[26] Despite the absence of any allegation and proof of the heirs' mental anguish and emotional suffering, the award of moral damages is also proper in view of the recognized fact that death invariably and necessarily brings about emotional pain and anguish on the part of the victim's family.[27] The heirs of the victim are likewise entitled to exemplary damages since the killing was attended by treachery.[28] | |||||
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2014-06-16 |
REYES, J. |
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| From the prosecution and defense witnesses' testimonies, it was clear that Lou Anthony did not perform any act that put Jefferson's life or safety in actual or imminent danger. The perceived violent and aggressive attitude of Lou Anthony did not sufficiently demonstrate through acts that confirmed Jefferson's fear for a real peril. While it was established that Lou Anthony approached his assailant's table and confronted them for alleged dagger looks, he neither uttered threats nor inflicted physical harm upon Jefferson's group and instead voluntarily returned to his table after the confrontation. Such was also the situation at the time that Jefferson inflicted the fatal wound upon Lou Anthony. It was then evident that Jefferson was the aggressor rather than the object of the victim's alleged aggression. Jurisprudence holds that "if no unlawful aggression attributed to the victim is established, self-defense is unavailing, for there is nothing to repel.[27] | |||||
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2012-11-12 |
LEONARDO-DE CASTRO, J. |
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| As stated in People v. Fontanilla[25]: Unlawful aggression is of two kinds: (a) actual or material unlawful aggression; and (b) imminent unlawful aggression. Actual or material unlawful aggression means an attack with physical force or with a weapon, an offensive act that positively determines the intent of the aggressor to cause the injury. Imminent unlawful aggression means an attack that is impending or at the point of happening; it must not consist in a mere threatening attitude, nor must it be merely imaginary, but must be offensive and positively strong (like aiming a revolver at another with intent to shoot or opening a knife and making a motion as if to attack). Imminent unlawful aggression must not be a mere threatening attitude of the victim, such as pressing his right hand to his hip where a revolver was holstered, accompanied by an angry countenance, or like aiming to throw a pot. | |||||
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2012-02-22 |
BERSAMIN, J. |
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| We modify the limiting of civil damages by the CA and the RTC to only the death indemnity of P50,000.00. We declare that the surviving heirs of Bolanon were entitled by law to more than such indemnity, because the damages to be awarded when death occurs due to a crime may include: (a) civil indemnity ex delicto for the death of the victim (which was granted herein); (b) actual or compensatory damages; (c) moral damages; (d) exemplary damages; and (e) temperate damages.[26] | |||||