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GR No. 189297

2013-06-03

BRION, J.

It is now too well-settled to require extensive documentation that where the issue is the extent of credence to be properly given to the declaration made by witnesses, the findings of the trial court are accorded great weight and respect. Such findings can only be discarded or disturbed when it appears in the records that the trial court overlooked, ignored or disregarded some facts or circumstances of weight or significance which if considered would have altered the result.[18]

GR No. 192251

2011-02-16

PEOPLE v. BARANGAY CAPTAIN TONY TOMAS

VELASCO JR., J.

A qualifying circumstance like treachery changes the nature of the crime and increases the imposable penalties for the offense.[31] Murder is defined and penalized under Art. 248 of the RPC, as amended, which provides: ART. 248. Murder.--Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances:

GR No. 192818

2010-11-17

PEOPLE v. PRINCE FRANCISCO Y ZAFE

VELASCO JR., J.

Consequently, we cannot agree with appellant that he only committed homicide on account of the absence of treachery. As a matter of course, "a qualifying circumstance like treachery changes the nature of the crime and increases the imposable penalties for the offense."[43] The CA is correct in imposing the penalty of reclusion perpetua in view of the plea of guilt.

GR No. 163267

2010-05-05

TEOFILO EVANGELISTA v. PEOPLE

DEL CASTILLO, J.

In the prosecution for the crime of illegal possession of firearm and ammunition, the Court has reiterated the essential elements in People v. Eling[34] to wit: (1) the existence of subject firearm; and, (2) the fact that the accused who possessed or owned the same does not have the corresponding license for it.

GR No. 177134

2009-08-14

PEOPLE v. RACHEL ANGELES Y NAVAL

CARPIO MORALES, J.

Under Article 2224 of the Civil Code, when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty, temperate damages may be recovered. Consistent with prevailing jurisprudence, the appellate court correctly awarded the amount of P25,000.[19]

GR Nos. 119660-61

2009-02-13

PAT. EDGARDO HERRERA Y BALTORIBIO v. SANDIGANBAYAN

AZCUNA, J.

As to the award of actual damages, Edna Go testified that she incurred funeral expenses of P11,500. Moreover, the award of exemplary damages of P25,000 is proper since the qualifying circumstance of treachery attended the killing of the victims. Article 2230 of the Civil Code allows the award of exemplary damages as part of the civil liability when the crime was committed with one or more aggravating circumstances. The term aggravating circumstance as used therein should be construed in its generic sense since it did not specify otherwise.[37]

GR No. 175978

2009-02-12

PEOPLE v. SAMUEL ALGARME Y BONDA

BRION, J.

Moral damages are mandatory in cases of murder and homicide without need of allegation and proof other than the death of the victim. Consistent with this rule, we award the amount of P50,000.00 as moral damages in accordance with prevailing jurisprudence.[58]

GR No. 173248

2008-11-03

PEOPLE v. DANTE NUEVA Y SAMARO

BRION, J.

We affirm the awards of P50,000.00 as civil indemnity[52] and P50,000 as moral damages[53] pursuant to current jurisprudence.

GR No. 172871

2008-09-16

PEOPLE v. CLEMENTE CASTA Y CAROLINO

BRION, J.

We also modify the award of P100,000.00 as moral and exemplary damages which the RTC lumped together. Moral damages are mandatory in cases of murder and homicide without need of allegation and proof other than the death of the victim. We find the award of P50,000.00 as moral damages in order in accordance with established jurisprudence. [51]

GR No. 173824

2008-08-28

PETER TARAPEN Y CHONGOY v. PEOPLE

CHICO-NAZARIO, J.

The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[73] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss, although the exact amount was not proved.[74] In the case on hand, temperate damages cannot be awarded, because evidence of expenses for burial and funeral has been presented for which actual damages have been awarded.

GR No. 172696

2008-08-11

PEOPLE v. BENITO BALLESTEROS Y GRAGASIN

BRION, J.

Moral damages are mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim. In accordance with prevailing rules, we increase the amount to P50,000.00.[51]

	GR No. 189297 2013-06-03	PEOPLE v. GUILLERMO LOMAQUE BRION, J.
It is now too well-settled to require extensive documentation that where the issue is the extent of credence to be properly given to the declaration made by witnesses, the findings of the trial court are accorded great weight and respect. Such findings can only be discarded or disturbed when it appears in the records that the trial court overlooked, ignored or disregarded some facts or circumstances of weight or significance which if considered would have altered the result.[18]
	GR No. 192251 2011-02-16	PEOPLE v. BARANGAY CAPTAIN TONY TOMAS VELASCO JR., J.
A qualifying circumstance like treachery changes the nature of the crime and increases the imposable penalties for the offense.[31] Murder is defined and penalized under Art. 248 of the RPC, as amended, which provides: ART. 248. Murder.--Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances:
	GR No. 192818 2010-11-17	PEOPLE v. PRINCE FRANCISCO Y ZAFE VELASCO JR., J.
Consequently, we cannot agree with appellant that he only committed homicide on account of the absence of treachery. As a matter of course, "a qualifying circumstance like treachery changes the nature of the crime and increases the imposable penalties for the offense."[43] The CA is correct in imposing the penalty of reclusion perpetua in view of the plea of guilt.
	GR No. 163267 2010-05-05	TEOFILO EVANGELISTA v. PEOPLE DEL CASTILLO, J.
In the prosecution for the crime of illegal possession of firearm and ammunition, the Court has reiterated the essential elements in People v. Eling[34] to wit: (1) the existence of subject firearm; and, (2) the fact that the accused who possessed or owned the same does not have the corresponding license for it.
	GR No. 177134 2009-08-14	PEOPLE v. RACHEL ANGELES Y NAVAL CARPIO MORALES, J.
Under Article 2224 of the Civil Code, when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty, temperate damages may be recovered. Consistent with prevailing jurisprudence, the appellate court correctly awarded the amount of P25,000.[19]
	GR Nos. 119660-61 2009-02-13	PAT. EDGARDO HERRERA Y BALTORIBIO v. SANDIGANBAYAN AZCUNA, J.
As to the award of actual damages, Edna Go testified that she incurred funeral expenses of P11,500. Moreover, the award of exemplary damages of P25,000 is proper since the qualifying circumstance of treachery attended the killing of the victims. Article 2230 of the Civil Code allows the award of exemplary damages as part of the civil liability when the crime was committed with one or more aggravating circumstances. The term aggravating circumstance as used therein should be construed in its generic sense since it did not specify otherwise.[37]
	GR No. 175978 2009-02-12	PEOPLE v. SAMUEL ALGARME Y BONDA BRION, J.
Moral damages are mandatory in cases of murder and homicide without need of allegation and proof other than the death of the victim. Consistent with this rule, we award the amount of P50,000.00 as moral damages in accordance with prevailing jurisprudence.[58]
	GR No. 173248 2008-11-03	PEOPLE v. DANTE NUEVA Y SAMARO BRION, J.
We affirm the awards of P50,000.00 as civil indemnity[52] and P50,000 as moral damages[53] pursuant to current jurisprudence.
	GR No. 172871 2008-09-16	PEOPLE v. CLEMENTE CASTA Y CAROLINO BRION, J.
We also modify the award of P100,000.00 as moral and exemplary damages which the RTC lumped together. Moral damages are mandatory in cases of murder and homicide without need of allegation and proof other than the death of the victim. We find the award of P50,000.00 as moral damages in order in accordance with established jurisprudence. [51]
	GR No. 173824 2008-08-28	PETER TARAPEN Y CHONGOY v. PEOPLE CHICO-NAZARIO, J.
The award of P25,000.00 as temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court.[73] Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victim suffered pecuniary loss, although the exact amount was not proved.[74] In the case on hand, temperate damages cannot be awarded, because evidence of expenses for burial and funeral has been presented for which actual damages have been awarded.
	GR No. 172696 2008-08-11	PEOPLE v. BENITO BALLESTEROS Y GRAGASIN BRION, J.
Moral damages are mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim. In accordance with prevailing rules, we increase the amount to P50,000.00.[51]

PEOPLE v. MUKIM ELING Y MAÑALAC