Lawyerly

GR No. 186539

2010-06-29

VELASCO JR., J.

Based on Article 100 of the Revised Penal Code, every person criminally liable for a felony is also civilly liable. Thus, when death occurs due to a crime, the following damages may be awarded: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney's fees and expenses of litigation; and (6) interest, in proper cases.[57] In cases of murder and homicide, civil indemnity of PhP 75,000 and moral damages of PhP 50,000 are awarded automatically.[58] Indeed, such awards are mandatory without need of allegation and proof other than the death of the victim,[59] owing to the fact of the commission of murder or homicide.[60]

GR No. 186119

2009-10-27

PEOPLE v. PABLO LUSABIO

CHICO-NAZARIO, J.

Anent moral damages, the same are mandatory in case of murder and homicide, without need of allegation and proof other than the death of the victim.[57] The award of P50,000.00 by both lower courts is proper.

GR No. 185841

2009-08-04

PEOPLE v. ISMAEL DIAZ

CHICO-NAZARIO, J.

Anent moral damages, the same is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[72] The trial court awarded P25,000.00 as moral damages in each case. The same must be increased to P50,000.00 to conform with current jurisprudence. [73]

GR No. 185162

2009-04-24

PEOPLE v. ROLLY GIDOC

CHICO-NAZARIO, J.

Anent moral damages, the same are mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[31] The award by the Court of Appeals of P50,000.00 as moral damages for each count of murder, is proper.

GR No. 171735

2009-04-16

PEOPLE v. ALEJO OBLIGADO Y MAGDARAOG

CORONA, J.

Moreover, inasmuch as moral damages are mandatory in cases of murder (without need to allege and prove such damages), appellant is likewise ordered to indemnify the heirs of the victim P50,000.[12]

GR No. 184173

2009-03-13

PEOPLE v. JUDITO MOLINA

CHICO-NAZARIO, J.

Anent moral damages, the same are mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[58] The award of P50,000.00 as moral damages for each count of murder, to be given to the heirs of the four victims, is likewise in order.

GR No. 184343

2009-03-02

PEOPLE v. JESUS DOMINGO

CHICO-NAZARIO, J.

In cases of murder and homicide, the award of moral damages is mandatory, without need of allegation and proof other than the death of the victim.[38] The award of P50,000.00 as moral damages is in order for the death for Marvin Indon, and likewise for that of Melissa Indon.

GR No. 182548

2008-09-30

PEOPLE v. CESARIO OSIANAS

CHICO-NAZARIO, J.

Moral damages are also mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[39] The award by the Court of Appeals of P50,000.00 is therefore proper.

GR No. 181632

2008-09-25

PEOPLE v. JESSIE BALLESTA

CHICO-NAZARIO, J.

Anent moral damages, the same is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[52] The award of P50,000.00 as moral damages is likewise in order.

GR No. 173824

2008-08-28

PETER TARAPEN Y CHONGOY v. PEOPLE

CHICO-NAZARIO, J.

Moral damages must also be awarded because these are mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[72] The award of P50,000.00 as moral damages is in order.

GR No. 178540

2008-06-27

PEOPLE v. ALEJANDRO SORILA

YNARES-SATIAGO, J.

Every person criminally liable for a felony is also civilly liable.[57] When death occurs due to a crime, the following damages may be awarded: 1) civil indemnity ex delicto for the death of the victim; 2) actual or compensatory damages; 3) moral damages; 4) exemplary damages and 5) temperate damages.[58] In cases of murder and homicide, civil indemnity of P50,000.00 and moral damages of P50,000.00 are awarded automatically.[59] Indeed, such awards are mandatory without need of allegation and proof other than the death of the victim[60] owing to the fact of the commission of murder or homicide. [61]

GR No. 173282

2008-03-04

JOSE INGAL y SANTOS v. PEOPLE

CHICO-NAZARIO, J.

Moral damages must also be awarded because it is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[72] The award of P50,000.00 as moral damages is in order.

GR No. 175594

2007-09-28

PEOPLE v. JUNJUN DUCABO

CHICO-NAZARIO, J.

Anent moral damages, the same is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[40] The award of P50,000.00 as moral damages is likewise in order.

GR NO. 175881

2007-08-28

PEOPLE v. ARMANDO RODAS

CHICO-NAZARIO, J.

Anent moral damages, the same is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[62] The award of P50,000.00 as moral damages is in order.

GR NO. 153794

2006-06-26

SERGIO MARZONIA v. PEOPLE

QUISUMBING, J.

Considering the submission of the parties and the testimonies of witnesses, we are unable to accept petitioner's plea. Self-defense cannot be justifiably appreciated, especially when uncorroborated by independent and competent evidence, or when it is extremely doubtful by itself.[28] We agree with the appellate court that Sergio's plea of self-defense is uncorroborated. Neither Mabini nor Danilo nor Rosemarie Mayor, all defense witnesses, corroborated Sergio's account of the alleged scuffle and stabbing. None of them saw any of the following acts: that Eliseo pushed Sergio, causing Sergio to fall; that Eliseo knelt on Sergio's abdomen and pummeled Sergio with fist blows; that Eliseo gestured as if to pull a hidden weapon from his back pocket; and that Sergio stabbed Eliseo in self-defense. All that they testified to was that they heard the noise generated by the alleged scuffle.[29] Moreover, it must be noted that Mabini was then in the sala of Sergio's house;[30] Sergio merely informed Mabini that he stabbed Eliseo in self-defense.[31] Danilo was in front of the store[32] and Rosemarie was inside the store,[33] during the crucial moments of the struggle.

GR No. 140385

2004-04-14

PEOPLE v. MARIO MARCELO Y DELA CRUZ

CALLEJO, SR., J.

(3) that there was lack of sufficient provocation on the part of the person defending himself.[42]

GR No. 144598

2004-02-06

PEOPLE v. RANIL DUETES

CARPIO MORALES, J.

Section 9 of Rule 110 of the 2000 Revised Rules of Criminal Procedure requires that qualifying and aggravating circumstances be alleged in the information.[35] Although the crime was committed before the effectivity of the said Rule, the same should be applied retroactively as it would be favorable to appellant.[36] But, even assuming that the aggravating circumstance of intoxication was alleged, appellant's degree of intoxication was not proven with certainty.[37] Moreover, in the absence of clear and positive proof that appellant's intoxication was habitual or subsequent to the plan to commit the crime, it is improper to consider the same as an aggravating circumstance. [38]

GR No. 148710

2004-01-15

PEOPLE v. JAIME BAÑO

DAVIDE JR., CJ.

Nonetheless, in the absence of substantiated and proven expenses relative to the wake and burial of the victim, temperate damages in the amount of P25,000 shall be awarded to the heirs of the victims, since they clearly incurred funeral expenses.[34]

GR No. 147201

2004-01-15

PEOPLE v. BENJAMIN SAYABOC Y SEGUBA

DAVIDE JR., CJ.

Now on the civil liability of Sayaboc and Marlon Buenviaje. The trial court's award of actual damages, representing the wake and burial expenses, is reduced to P106,436, this being the amount supported by receipts. The award of moral damages is, however, increased to P50,000 conformably with current jurisprudence.[50] In addition, the heirs of the victim are entitled to P50,000 as civil indemnity ex delicto.

	GR No. 186539 2010-06-29	PEOPLE v. MITSUEL L. ELARCOSA VELASCO JR., J.
Based on Article 100 of the Revised Penal Code, every person criminally liable for a felony is also civilly liable. Thus, when death occurs due to a crime, the following damages may be awarded: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney's fees and expenses of litigation; and (6) interest, in proper cases.[57] In cases of murder and homicide, civil indemnity of PhP 75,000 and moral damages of PhP 50,000 are awarded automatically.[58] Indeed, such awards are mandatory without need of allegation and proof other than the death of the victim,[59] owing to the fact of the commission of murder or homicide.[60]
	GR No. 186119 2009-10-27	PEOPLE v. PABLO LUSABIO CHICO-NAZARIO, J.
Anent moral damages, the same are mandatory in case of murder and homicide, without need of allegation and proof other than the death of the victim.[57] The award of P50,000.00 by both lower courts is proper.
	GR No. 185841 2009-08-04	PEOPLE v. ISMAEL DIAZ CHICO-NAZARIO, J.
Anent moral damages, the same is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[72] The trial court awarded P25,000.00 as moral damages in each case. The same must be increased to P50,000.00 to conform with current jurisprudence. [73]
	GR No. 185162 2009-04-24	PEOPLE v. ROLLY GIDOC CHICO-NAZARIO, J.
Anent moral damages, the same are mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[31] The award by the Court of Appeals of P50,000.00 as moral damages for each count of murder, is proper.
	GR No. 171735 2009-04-16	PEOPLE v. ALEJO OBLIGADO Y MAGDARAOG CORONA, J.
Moreover, inasmuch as moral damages are mandatory in cases of murder (without need to allege and prove such damages), appellant is likewise ordered to indemnify the heirs of the victim P50,000.[12]
	GR No. 184173 2009-03-13	PEOPLE v. JUDITO MOLINA CHICO-NAZARIO, J.
Anent moral damages, the same are mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[58] The award of P50,000.00 as moral damages for each count of murder, to be given to the heirs of the four victims, is likewise in order.
	GR No. 184343 2009-03-02	PEOPLE v. JESUS DOMINGO CHICO-NAZARIO, J.
In cases of murder and homicide, the award of moral damages is mandatory, without need of allegation and proof other than the death of the victim.[38] The award of P50,000.00 as moral damages is in order for the death for Marvin Indon, and likewise for that of Melissa Indon.
	GR No. 182548 2008-09-30	PEOPLE v. CESARIO OSIANAS CHICO-NAZARIO, J.
Moral damages are also mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[39] The award by the Court of Appeals of P50,000.00 is therefore proper.
	GR No. 181632 2008-09-25	PEOPLE v. JESSIE BALLESTA CHICO-NAZARIO, J.
Anent moral damages, the same is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[52] The award of P50,000.00 as moral damages is likewise in order.
	GR No. 173824 2008-08-28	PETER TARAPEN Y CHONGOY v. PEOPLE CHICO-NAZARIO, J.
Moral damages must also be awarded because these are mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[72] The award of P50,000.00 as moral damages is in order.
	GR No. 178540 2008-06-27	PEOPLE v. ALEJANDRO SORILA YNARES-SATIAGO, J.
Every person criminally liable for a felony is also civilly liable.[57] When death occurs due to a crime, the following damages may be awarded: 1) civil indemnity ex delicto for the death of the victim; 2) actual or compensatory damages; 3) moral damages; 4) exemplary damages and 5) temperate damages.[58] In cases of murder and homicide, civil indemnity of P50,000.00 and moral damages of P50,000.00 are awarded automatically.[59] Indeed, such awards are mandatory without need of allegation and proof other than the death of the victim[60] owing to the fact of the commission of murder or homicide. [61]
	GR No. 173282 2008-03-04	JOSE INGAL y SANTOS v. PEOPLE CHICO-NAZARIO, J.
Moral damages must also be awarded because it is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[72] The award of P50,000.00 as moral damages is in order.
	GR No. 175594 2007-09-28	PEOPLE v. JUNJUN DUCABO CHICO-NAZARIO, J.
Anent moral damages, the same is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[40] The award of P50,000.00 as moral damages is likewise in order.
	GR NO. 175881 2007-08-28	PEOPLE v. ARMANDO RODAS CHICO-NAZARIO, J.
Anent moral damages, the same is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim.[62] The award of P50,000.00 as moral damages is in order.
	GR NO. 153794 2006-06-26	SERGIO MARZONIA v. PEOPLE QUISUMBING, J.
Considering the submission of the parties and the testimonies of witnesses, we are unable to accept petitioner's plea. Self-defense cannot be justifiably appreciated, especially when uncorroborated by independent and competent evidence, or when it is extremely doubtful by itself.[28] We agree with the appellate court that Sergio's plea of self-defense is uncorroborated. Neither Mabini nor Danilo nor Rosemarie Mayor, all defense witnesses, corroborated Sergio's account of the alleged scuffle and stabbing. None of them saw any of the following acts: that Eliseo pushed Sergio, causing Sergio to fall; that Eliseo knelt on Sergio's abdomen and pummeled Sergio with fist blows; that Eliseo gestured as if to pull a hidden weapon from his back pocket; and that Sergio stabbed Eliseo in self-defense. All that they testified to was that they heard the noise generated by the alleged scuffle.[29] Moreover, it must be noted that Mabini was then in the sala of Sergio's house;[30] Sergio merely informed Mabini that he stabbed Eliseo in self-defense.[31] Danilo was in front of the store[32] and Rosemarie was inside the store,[33] during the crucial moments of the struggle.
	GR No. 140385 2004-04-14	PEOPLE v. MARIO MARCELO Y DELA CRUZ CALLEJO, SR., J.
(3) that there was lack of sufficient provocation on the part of the person defending himself.[42]
	GR No. 144598 2004-02-06	PEOPLE v. RANIL DUETES CARPIO MORALES, J.
Section 9 of Rule 110 of the 2000 Revised Rules of Criminal Procedure requires that qualifying and aggravating circumstances be alleged in the information.[35] Although the crime was committed before the effectivity of the said Rule, the same should be applied retroactively as it would be favorable to appellant.[36] But, even assuming that the aggravating circumstance of intoxication was alleged, appellant's degree of intoxication was not proven with certainty.[37] Moreover, in the absence of clear and positive proof that appellant's intoxication was habitual or subsequent to the plan to commit the crime, it is improper to consider the same as an aggravating circumstance. [38]
	GR No. 148710 2004-01-15	PEOPLE v. JAIME BAÑO DAVIDE JR., CJ.
Nonetheless, in the absence of substantiated and proven expenses relative to the wake and burial of the victim, temperate damages in the amount of P25,000 shall be awarded to the heirs of the victims, since they clearly incurred funeral expenses.[34]
	GR No. 147201 2004-01-15	PEOPLE v. BENJAMIN SAYABOC Y SEGUBA DAVIDE JR., CJ.
Now on the civil liability of Sayaboc and Marlon Buenviaje. The trial court's award of actual damages, representing the wake and burial expenses, is reduced to P106,436, this being the amount supported by receipts. The award of moral damages is, however, increased to P50,000 conformably with current jurisprudence.[50] In addition, the heirs of the victim are entitled to P50,000 as civil indemnity ex delicto.

PEOPLE v. ALEJANDRO BAJAR