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	GR No. 175023 2010-07-05	GIOVANI SERRANO Y CERVANTES v. PEOPLE BRION, J.
In People v. Andres,[35] we held that if the actual damages, proven by receipts during the trial, amount to less than P25,000.00, the victim shall be entitled to temperate damages in the amount of P25,000.00, in lieu of actual damages. The award of temperate damages is based on Article 2224 of the New Civil Code which states that temperate or moderate damages may be recovered when the court finds that some pecuniary loss was suffered but its amount cannot be proven with certainty. In this case, the victim is entitled to the award of P25,000.00 as temperate damages considering that the amount of actual damages is only P3,858.50. The amount of actual damages shall be deleted.
	GR No. 148695 2004-05-27	PEOPLE v. RANDY BELONIO Y LANDAS PER CURIAM
Actual damages for the hospital expenses in the amount of P3,627.70 were duly supported by receipts. However instead of awarding actual damages, we grant temperate damages in accordance with People vs. Andres,[36] where the Court said:"[W]e declared in the case of People vs. Villanueva that:
	GR No. 151251 2004-05-19	PEOPLE v. HOMER MAGDARAOG Y SALONA PANGANIBAN, J.
The award of P30,000 for actual damages is improper, however for only the amount of P20,000 representing funeral expenses was duly proven by competent documents[37] during the trial. In People v. Andres,[38] the Court said:"[W]e declared in the case of People v. Villanueva that: