This case has been cited 3 times or more.
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2009-07-22 |
CHICO-NAZARIO, J. |
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| As to the award of damages, we have held that if the robbery with homicide is perpetrated with any of the attending qualifying aggravating circumstances that require the imposition of the death penalty, the civil indemnity for the victim shall be P75,000.00.[31] The existence of one aggravating circumstance merits the award of exemplary damages under Article 2230 of the New Civil Code.[32] Thus, the award of exemplary damages to the heirs of CCC is proper. Consistent with recent rulings of this Court, however, the award of exemplary damages is increased from P25,000.00 to P30,000.00. In line with prevailing jurisprudence and the testimony of AAA, we modify the award of moral damages and increase the award from P50,000.00 to P75,000.00. Furthermore, accused-appellant is ordered to return to AAA and BBB the subject items stolen from them; or, if the return is no longer possible, the total amount of P90,000.00, which is the equivalent value of all the items taken by accused-appellant and his co-accused. | |||||
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2002-11-13 |
YNARES-SANTIAGO, J. |
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| [28] People v. Tomas Coca, et al., G.R. No. 133739, 29 May 2002, citing People v. Clariño, 31 July 2002, citing People v. Hilot, 342 SCRA 128 [2000] . | |||||
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2001-07-09 |
DAVIDE, JR., C.J. |
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| It is worthy to note, however, that in the more recent case of People v. Salvatiera,[27] reiterated in People v. Cando[28] and People v. Macabales,[29] we held that when treachery obtains in the special complex crime of robbery with homicide, such treachery is to be regarded as a generic aggravating circumstance, since robbery with homicide is a composite crime with its own definition and special penalty in the Revised Penal Code. Having formed part of the circumstances proven concerning the actual commission of the crime, such treachery would help determine the penalty to be imposed. | |||||