This case has been cited 5 times or more.
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2011-01-19 |
PEREZ, J. |
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| Time and again, this court has invariably viewed the defense of frame-up with disfavor. Like the defense of alibi, it can be just as easily concocted.[51] | |||||
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2010-06-29 |
CARPIO MORALES, J. |
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| While actual damages may be awarded corresponding to the amount of ransom paid,[38] the Court is constrained to delete the amount awarded for failure to prove the same with reasonable degree of certainty, premised upon competent proof and the best evidence available.[39] Aside from the testimony of the victim that a P500,000 pay-off was made, there is no data on who actually handed the ransom, who received it, and under what circumstances the pay-off was made, thus leaving nagging doubts about the tale. | |||||
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2004-04-14 |
AUSTRIA-MARTINEZ, J. |
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| Appellant interposes the defense of alibi. However, alibi, like denial, is an inherently weak defense as it is easy to concoct and difficult to prove.[37] While appellant's testimony is corroborated by defense witness Rellesiva and Lobriquito, the trial court correctly gave more probative weight to the lone testimony of prosecution witness Emolyn who positively identified appellant as one of the perpetrators of the crime. | |||||
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2003-12-04 |
CARPIO, J. |
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| The trial court correctly imposed on appellant the penalty of reclusion perpetua in accordance with Article 267 of the Revised Penal Code. We likewise affirm the award of P100,000 as moral damages. Undoubtedly, the victim's family has suffered serious anxiety and great distress in the uncertainty of seeing Pati again.[18] | |||||
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2003-08-28 |
YNARES-SANTIAGO, J. |
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| The trial court's award of actual damages in the sum of P6,000.00 must be deleted in the absence of proof required by Article 2199 of the Civil Code.[28] To be entitled to actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence available to the injured party.[29] | |||||