This case has been cited 5 times or more.
2013-07-03 |
LEONARDO-DE CASTRO, J. |
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Anent the award of damages, when death occurs due to a crime, the following may be recovered: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney's fees and expenses of litigation; and (6) interest, in proper cases.[35] | |||||
2013-01-16 |
LEONARDO-DE CASTRO, J. |
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Anent the award of damages, when death occurs due to a crime, the following may be recovered: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney's fees and expenses of litigation; and (6) interest, in proper cases.[30] | |||||
2012-11-12 |
LEONARDO-DE CASTRO, J. |
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Anent the award of damages, when death occurs due to a crime, the following may be recovered: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney's fees and expenses of litigation; and (6) interest, in proper cases.[29] | |||||
2012-09-15 |
LEONARDO-DE CASTRO, J. |
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Anent the award of damages, we agree with the Court of Appeals that when death occurs due to a crime, the following may be recovered: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney's fees and expenses of litigation; and (6) interest, in proper cases.[31] However, to conform to existing jurisprudence, the Court modifies the award of damages by the Court of Appeals. | |||||
2012-02-15 |
DEL CASTILLO, J. |
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"When the circumstance of abuse of superior strength concurs with treachery, the former is absorbed in the latter."[58] Hence, the trial court should have no longer considered the aggravating circumstance of abuse of superior strength. And there being no aggravating or mitigating circumstance in this case, the proper penalty therefore is reclusion perpetua, it being the lesser penalty between the two indivisible penalties for the crime of murder which is reclusion perpetua to death.[59] Hence, we agree with the CA when it imposed upon Benny the penalty of reclusion perpetua. In addition, Section 3 of Republic Act No. 9346[60] provides: Section 3. Persons convicted of offenses punishable with reclusion perpetua or whose sentences will be reduced to reclusion perpetua by reason of this Act, shall not be eligible for parole under Act No. 4103 otherwise known as the Indeterminate Sentence Law, as amended. |