This case has been cited 3 times or more.
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2003-06-10 |
BELLOSILLO, J. |
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| The trial court correctly found accused-appellants Abelardo de Castro and Porferio Esguerra guilty of murder. Treachery was proved to have attended the crime. The essence of treachery is the sudden and unexpected attack by an aggressor on an unsuspecting victim, depriving the latter of any real chance to defend himself, thereby ensuring its commission without risk to the aggressor, and without the slightest provocation on the part of the victim.[25] The attack came as the victim was spending a quiet evening in his home. He had no inkling of the coming onslaught nor any chance to protect himself or to retreat as in fact the aggressor even greeted him good evening before firing at him. The manner by which the killing was executed and the viciousness of the assault left no dispute that it was deliberately adopted to ensure the accomplishment of the crime. | |||||
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2000-02-22 |
GONZAGA-REYES, J. |
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| Consistent with current jurisprudence, we affirm the award of P50,000 as indemnity for the victim's untimely death[25] and order the increase of the award of moral damages to P50,000.[26] | |||||
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2000-02-08 |
PANGANIBAN, J. |
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| In line with current jurisprudence,[24] we affirm the award of indemnity ex delicto to the heirs of each victim in the sum of P50,000 or a total of P100,000. This may be awarded without need of proof other than the commission of the crime. Likewise, we sustain the award of P100,000 to the heirs of each victim for the wake and burial expenses, for these were duly proven.[25] Although the records show that they were entitled to moral damages,[26] we hold that the award should be reduced to P100,000 or P50,000 for each set of heirs of the victims. | |||||