This case has been cited 1 times or more.
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2009-03-20 |
QUISUMBING, J. |
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| In sum, we are convinced beyond a shadow of doubt that appellants are guilty for the murder of Enrique S. Hernandez. However, we note that the claim of P70,000 as actual damages is supported merely by a list of expenses instead of official receipts.[25] A list of expenses cannot replace receipts when the latter should have been issued as a matter of course in business transactions.[26] Neither can the mere testimony of Geraldine on the amount she spent suffice. It is necessary for a party seeking an award for actual damages to produce competent proof or the best evidence obtainable to justify such award.[27] Nonetheless, in the absence of substantiated and proven expenses relative to the wake and burial of Enrique, temperate damages in the amount of P25,000 shall be awarded to his heirs, since they clearly incurred funeral expenses.[28] | |||||