This case has been cited 7 times or more.
2010-11-17 |
VELASCO JR., J. |
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(1) the employment of means, methods or manner of execution that would ensure the offender's safety from any retaliatory act on the part of the offended party, who has, thus, no opportunity for self-defense or retaliation; and (2) deliberate and conscious choice of means, methods or manner of execution.[41] | |||||
2009-02-13 |
AZCUNA, J. |
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Civil indemnity is mandatory and granted to the heirs of the victim without need of proof other than the commission of the crime. Under prevailing jurisprudence, the award of P50,000 to the heirs of the victims as civil indemnity is in order.[35] In cases of murder and homicide, moral damages may be awarded without need of allegation and proof of the emotional suffering of the heirs, other than the death of the victim, since the emotional wounds from the vicious killing of the victims cannot be denied. Thus, the award of P50,000 is proper.[36] | |||||
2009-02-12 |
BRION, J. |
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The award for civil indemnity is mandatory and is granted to the heirs of the victim without need of proof other than the commission of the crime.[56] Pursuant to current jurisprudence,[57] an award of P50,000.00 to the victim's heirs is in order. | |||||
2009-01-19 |
NACHURA, J. |
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The essence of treachery is the sudden and unexpected attack by the 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.[44] In this case, the victim was unarmed; and was attacked from behind and at close range. The assailant further hid behind the window to mask his presence and identity. | |||||
2008-11-03 |
BRION, J. |
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We affirm the awards of P50,000.00 as civil indemnity[52] and P50,000 as moral damages[53] pursuant to current jurisprudence. | |||||
2008-08-11 |
BRION, J. |
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We affirm the award of P50,000.00 as civil indemnity pursuant to current jurisprudence.[53] | |||||
2008-06-17 |
BRION, J. |
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We likewise affirm, pursuant to Articles 2216, 2217 and 2219 of the Civil Code, the CA's award of moral damages in light of the mental anguish that the parents of Major Opina suffered. Lastly, we similarly affirm the award of exemplary damages[84] under Article 2230 of the Civil Code given the presence of the aggravating circumstance of use of an unlicensed firearm. |