This case has been cited 2 times or more.
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2011-03-14 |
PERALTA, J. |
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| The CA deleted the award of burial expenses for failure of the prosecution to substantiate the same with receipts. Although temperate damages may be awarded when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty,[56] the Court is inclined to deny the award of temperate damages. Efren testified that he did not spend any amount for the burial of Analyn, as the expenses were shouldered by his employer and by other people he knew.[57] | |||||
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2010-07-05 |
VILLARAMA, JR., J. |
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| In the killing of Dony Rose and Kimberly, the trial court was correct in appreciating the aggravating circumstance of treachery. There is treachery when the attack is so sudden and unexpected that the victim had no opportunity either to avert the attack or to defend himself.[43] Indeed, nothing can be more sudden and unexpected than when a father stabs to death his two (2) young daughters while they were sound asleep and totally defenseless. Thus, for the parricide committed against both Dony Rose and Kimberly, appellant was properly meted the death penalty in Criminal Case Nos. 4079 and 4078. Since the killings were committed in 2001, the trial court was correct in imposing upon appellant the supreme penalty of death. In view, however, of the passage and effectivity of R.A. No. 9346 on June 24, 2006, proscribing the imposition of the capital punishment, the CA correctly modified the imposable penalty on appellant to reclusion perpetua, without eligibility for parole, in line with Sections 2 and 3 of the said law.[44] | |||||