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PEOPLE v. ROGELIE FLORO

This case has been cited 7 times or more.

	GR No. 118942 2000-07-18	PEOPLE v. BERNARDO DAROY BUENA, J.
With regard to the award of damages, we affirm the award of P50,000.00 as civil indemnity for the death of the victim and P21,000.00 as actual damages. In addition, we find that the heirs of Philip Angelito, Sr. are entitled to moral damages in the amount of P50,000.00, in accordance with recent jurisprudence.[84]
	GR No. 119621 2000-05-12	PEOPLE v. ROMULO AVILLANA Y CATASCAN PARDO, J.
As correctly decreed by the trial court, the imposable penalty is reclusion perpetua under the then prevailing provisions of Article 248 of the Revised Penal Code, in the absence of any aggravating or mitigating circumstance. The award of P50,000.00 as civil indemnity is also correct, in line with prevailing jurisprudence.[17] The P50,000.00 award for moral damages is proper being consistent with current case law.[18]
	GR Nos. 95891-92 2000-02-28	PEOPLE v. OSMUNDO FUERTES YNARES-SANTIAGO, J.
The civil indemnity which is awarded without need of further proof other than the death of the victim is affirmed.[114] Conformably, however, with controlling jurisprudence, the civil indemnity should be increased to P50,000.00.[115]
	GR No. 113940 2000-02-15	PEOPLE v. CIELITO BULURAN Y RAMIREZ QUISUMBING, J.
As to the amount of damages, prevailing jurisprudence sets the indemnity for death in the amount of P50,000.00, which can be awarded without need of further proof other than the death of the victim.[31] The amount of P8,000.00 as actual damages should likewise be affirmed, the wife having presented a receipt (Exhibit "C") to support such claim.[32] In addition, there being one aggravating circumstance, exemplary damages in the amount of P20,000.00[33] may be awarded, pursuant to Article 2230 of the New Civil Code.
	GR No. 120646 2000-02-14	PEOPLE v. APOLINAR DANDO KAPUNAN, J.
The trial court correctly awarded the amount of P50,000 as indemnity for the death for Cesar Castro. Said amount is awarded without need of further proof other than the death of the victim.[35] In addition, the heirs are also entitled to receive a compensation for the loss of earning capacity of the victim. The formula for computing the same as established in decided cases[36] is as follows: Net Earning Capacity = Life Expectancy x Gross Annual Income - Necessary Living Expenses The life expectancy is equivalent to two thirds (2/3) multiplied by the difference of 80 and the age of the deceased.[37] Since Castro was 47 years old at the time of his death, his life expectancy was 22 more years.[38] Celso Castro testified that his father earned P3,000.00 monthly or P36,000.00 annually from the sash factory. In addition, the victim's annual income from farming, as found by the trial court, was P53,000.00. The gross annual income of the deceased was P89,000.00. Allowing for necessary living expenses of fifty percent (50%) of his gross earnings, his total net earning capacity amounts to P979,000.00.[39]
	GR No. 130666 2000-01-31	PEOPLE v. CASIMIRO JOSE Y GAYOL PARDO, J.
"Extant in our jurisprudence are cases where the distance between the scene of the crime and the alleged whereabouts of the accused is only two (2) kilometers (People v. Lumantas, 28 SCRA 764 [1969]), or three (3) kilometers (People v. Binsol, 100 Phil. 713 [1957]) or even five (5) kilometers (People v. Manabat, 100 Phil. 603 [1957]), and yet it was held that these distances were not too far as to preclude the possibility of the accused's presence at the locus criminis, even if the sole means of traveling between the two places at that time was only by walking (People v. Aparato, 80 Phil. 199 [1948])."[25]
	GR No. 123860 2000-01-20	PEOPLE v. EDWIN NAAG Y ROQUE MENDOZA, J.
The award of P100,000.00 as indemnity for the death of Rodrigo Fontelera, Sr. and Rosita Fontelera is in accord with our current rulings[43] and should be affirmed. The award of P100,000.00 as moral damages for each death is likewise appropriate.[44]