This case has been cited 4 times or more.
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2003-06-26 |
BELLOSILLO, J. |
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| After a thorough review of the evidence on record, we cannot find any reason to set aside the conviction of accused-appellants. By and large, the instant case basically revolves around the question of credibility of witnesses. The well-entrenched rule in this jurisdiction, of course, is that the matter of assigning values to the testimonies of witnesses is best discharged by the trial court, and appellate courts will not generally disturb the findings of the trial court in this respect. The reason is quite simple: the trial judge is in a better position to determine the conflicting testimonies of witnesses after having heard them and observed their deportment and manner of testifying. As we ruled in People v. Cayabyab [4] | |||||
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2001-12-19 |
QUISUMBING, J. |
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| With regard to the civil aspects of the criminal cases, modifications are in order. The trial court awarded P50,000 as civil indemnity for the death of John Serojo, but only P20,000 as actual damages for the victim Rodrigo Serojo.[29] The amount of P50,000 awarded to the heirs of John Serojo as civil indemnity is proper, without need of proof other than the fact of victim's death.[30] However, the amount of P48,512.66 representing medical and funeral expenses on the victim John Serojo, was duly admitted by the defense in the course of the trial and should be awarded as actual damages.[31] Likewise, the amount of P20,000 awarded by the trial court as actual damages for the victim Rodrigo Serojo should be increased to P34,448.40 representing his medical expenses.[32] | |||||
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2001-01-17 |
GONZAGA-REYES, J. |
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| Consistent with prevailing jurisprudence, we sustain the award of P50,000.00 to the heirs of Jay Ar Sumadia as indemnity for his untimely demise.[19] We cannot, however, sustain the award of actual damages in the amount of P14,500.00. To seek recovery of actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and the best evidence obtainable by the injured party. There is no such proof to sustain the award of actual damages other than the testimony of the sole prosecution witness. The prosecution did not present any receipt or other evidence to support the claim. We sustain the award of moral damages in the amount of P30,000.00 considering that there is evidence that the father experienced moral suffering.[20] Moral damages may be awarded in favor of the heirs of the victim upon sufficient proof of "physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury.[21] As the aggravating circumstance of treachery attended the commission of the crime, the award of exemplary damages pursuant to Article 2230 of the Civil Code is sustained, [22] however, the amount is reduced to P20,000.00 in accordance with prevailing jurisprudence.[23] | |||||