This case has been cited 2 times or more.
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2012-01-18 |
BERSAMIN, J. |
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| The awards of civil indemnity and moral damages are also proper, but their corresponding amounts should be increased to P75,000.00 in line with prevailing jurisprudence.[44] The actual damages of P15,000.00 and P8,000.00 granted to the heirs of Sabino and Graciano, respectively, were also warranted due to their being proven by receipts.[45] However, the Court has held that when actual damages proven by receipts amount to less than P25,000.00, as in the case of Sabino and Graciano, the award of temperate damages amounting to P25,000.00 is justified in lieu of actual damages for a lesser amount.[46] This is based on the sound reasoning that it would be anomalous and unfair that the heirs of the victim who tried and succeeded in proving actual damages of less than P25,000.00 only would be put in a worse situation than others who might have presented no receipts at all but would be entitled to P25,000.00 temperate damages.[47] Hence, instead of only P15,000.00 and P8,000.00, the amount of P25,000.00 as temperate damages should be awarded each to the heirs of Sabino and Graciano. | |||||
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2003-11-27 |
YNARES-SANTIAGO, J. |
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| As regards his civil liability in Criminal Case No. 3597 for homicide, petitioner, in addition to the civil indemnity of P50,000.00, should be further ordered to pay the heirs of the deceased Nestor Importado, moral damages in the amount of P50,000.00 and temperate damages of P25,000.00 in lieu of actual damages. As testified by Merly Importado, the widow of the deceased, she was shocked and mentally tortured by the death of her husband.[46] Hence, the award of moral damages, which current jurisprudence set at P50,000.00, is proper. [47] To justify an award of actual damages, on the other hand, there must be competent proof of the actual amount of loss. Credence can only be given to those that are supported by receipts and appear to have been genuinely incurred in connection with the death, wake and burial of the victim.[48] Considering that the receipts presented by the prosecution do not show that the expenses stated therein were really incurred in connection with the death and burial of the victim, the claim for actual damages cannot be allowed. However, since it cannot be denied that the victim's heirs suffered pecuniary loss but the amount of which cannot be proved with certainty, temperate damages in the amount of P25,000.00 may be awarded.[49] | |||||