This case has been cited 2 times or more.
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2007-07-10 |
CHICO-NAZARIO, J. |
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| In support of his contention that Rogelio did not clearly see the hacking incident as there was no moonlight at that time, petitioner presented the calendar year for August 1992 which shows that the full moon was on 13 August, the last quarter was on 21 August and the new moon on 28 August.[29] This circumstance does not carry much weight since Rogelio was merely five meters away from the petitioner and Teodoro when he heard the two arguing and then saw petitioner subsequently hacking Teodoro. Moreover, Rogelio was very familiar with the physical features[30] and voices of petitioner and Teodoro because the petitioner's wife is his relative, and both petitioner and Teodoro also reside in Riverside, Biliran. | |||||
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2007-07-10 |
CHICO-NAZARIO, J. |
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| With regard to the damages, we sustain the award of civil indemnity in the amount of P50,000.00 consistent with prevailing jurisprudence.[48] However, the award of actual damages in the amount of P25,000.00 is unwarranted since the heirs of Teodoro failed to present funeral and burial receipts.[49] Nevertheless, we have held in several cases that temperate damages in the amount of P25,000.00 shall be awarded where no documentary evidence of actual damages was presented in the trial court because it is reasonable to presume that, when death occurs, the family of the victim necessarily incurs expenses for his wake and funeral.[50] | |||||