This case has been cited 4 times or more.
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2009-09-17 |
VELASCO JR., J. |
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| As regards damages, we find it proper to award the following: PhP 75,000 as civil indemnity;[26] PhP 75,000 as moral damages; and PhP 30,000 as exemplary damages without proof or pleading. These amounts should be awarded when the accused is adjudged guilty of a crime covered by RA 7659 regardless of aggravating or mitigating circumstances. Thus, where the penalty prescribed by law is death or reclusion perpetua to death, the damages should be in the abovementioned amounts. | |||||
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2008-09-19 |
PUNO, CJ. |
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| Anent the award of damages, we increase the award of civil indemnity by the CA for the death of the victims from P100,000 or P50,000 for each victim, to P150,000 or P75,000 for each victim in accordance with prevailing jurisprudence.[28] | |||||
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2008-06-25 |
QUISUMBING, J. |
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| The award of civil indemnity, on the other hand, is separate and distinct from the award of moral damages which is based on a different jural foundation and assessed by the Court in the exercise of sound discretion. In murder, the grant of civil indemnity requires no proof other than the fact of death as a result of the crime and proof of appellant's responsibility therefor. [32] Under prevailing jurisprudence, [33] the Court has pegged the amount at P75,000. It should be paid by appellant Ranin to the heirs of NiƱo Calinao who are entitled to receive it. | |||||
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2008-06-17 |
BRION, J. |
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| The grant of civil indemnity for the crime of murder requires no proof other than the fact of death as a result of the crime and proof of the appellant's responsibility therefor.[79] While the trial court and the CA commonly awarded P50,000.00 as death indemnity to the murder victim's heirs, prevailing jurisprudence dictates an award of P75,000.00.[80] Hence, we modify the civil indemnity award to this extent to be paid by the appellant to the heirs of Major Opina. | |||||