This case has been cited 3 times or more.
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2009-08-28 |
LEONARDO-DE CASTRO, J. |
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| Accused-appellant Garchitorena's defense of insanity has also no merit. Unlike other jurisdictions, Philippine courts have established a more stringent criterion for the acceptance of insanity as an exempting circumstance.[20] As aptly argued by the Solicitor General, insanity is a defense in the nature of confession and avoidance. As such, it must be adequately proved, and accused-appellant Garchitorena utterly failed to do so. We agree with both the CA and the trial court that he was not totally deprived of reason and freedom of will during and after the stabbing incident, as he even instructed his co-accused-appellants to run away from the scene of the crime. | |||||
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2009-04-16 |
CORONA, J. |
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| Settled is the rule that only receipted expenses can be the basis of actual damages arising from funeral expenditures.[10] All the prosecution presented was a receipt from the funeral parlor amounting to P15,000. Since the receipted expenses of the victim's family was less than P25,000, temperate damages in the said amount can be awarded in lieu of actual damages.[11] Accordingly, the heirs of the victim are not entitled to actual damages but to temperate damages in the amount of P25,000. | |||||
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2008-09-29 |
VELASCO JR., J. |
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| As regards the award of damages, we find that the CA correctly awarded PhP 25,000 as temperate damages in lieu of actual damages in a lesser amount.[19] Also, it was proper to award moral damages because such is granted without need of further proof other than the fact of the killing;[20] and exemplary damages because the crime was attended by an aggravating circumstance.[21] The appellate court, however, deleted the award of civil indemnity. The grant of civil indemnity in murder requires no proof other than the fact of death as a result of the crime and proof of the accused's responsibility therefor.[22] Thus, civil indemnity of PhP 50,000 is additionally granted in favor of the heirs of the victim. | |||||