This case has been cited 3 times or more.
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2011-04-04 |
BERSAMIN, J. |
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| The test of admissibility of evidence as a part of the res gestae is whether the act, declaration, or exclamation is so intimately interwoven or connected with the principal fact or event that it characterizes as to be regarded a part of the principal fact or event itself, and also whether it clearly negatives any premeditation or purpose to manufacture testimony.[34] A declaration or an utterance is thus deemed as part of the res gestae that is admissible in evidence as an exception to the hearsay rule when the following requisites concur: (a) the principal act, the res gestae, is a startling occurrence; (b) the statements were made before the declarant had time to contrive or devise; and (c) the statements must concern the occurrence in question and its immediately attending circumstances.[35] | |||||
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2004-07-05 |
PER CURIAM |
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| As regards the civil liability of the appellants, the award of the trial court is hereby modified as follows:In Criminal Case No. 00-20692, the award of P50,000.00 to the heirs of Aileen as civil indemnity for her death is sustained, the commission of the crime by appellants having been duly proven.[101] The award of moral damages to her heirs is likewise proper considering that the prosecution presented adequate proof that they suffered mental anguish and wounded feelings.[102] However, the amount of moral damages awarded by the trial court is hereby reduced from P100,000.00 to P50,000.00 in line with current jurisprudence.[103] It should be borne in mind that the purpose for such award is to compensate the heirs of the victim for the injuries to their feelings and not to enrich them.[104] | |||||
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2004-06-15 |
CALLEJO, SR., J. |
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| Likewise, nothing on the record manifests the actual expenses incurred by the heirs of Natividad for attorney's fees. Attorney's fees are in the concept of actual or compensatory damages allowed under the circumstances provided for in Article 2208 of the Civil Code, one of which is when the court deems it just and equitable that attorney's fees should be recovered.[53] In this case, we find the award of P75,000 as attorney's fees unsupported by evidence and, therefore, should be deleted for lack of basis. | |||||