This case has been cited 3 times or more.
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2003-08-12 |
AUSTRIA-MARTINEZ, J. |
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| In Criminal Case No. 94-311, for the death of Dorotheo Gabilan, the trial court correctly ordered appellant to pay the heirs of the deceased, the sum of P50,000.00 as civil indemnity; and, P60,000.00 for actual damages stipulated upon by the parties.[24] The heirs are also entitled to P25,000.00 as exemplary damages considering the qualifying circumstance of treachery.[25] However, the amount of P100,000.00 awarded by way of moral damages should be reduced to P50,000.00 in accordance with recent case law.[26] | |||||
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2003-07-24 |
PER CURIAM |
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| Also, while there may be only two witnesses who placed the accused at the scene of the crime, we deem these as sufficient considering that the testimony of a single witness, if found credible and positive, is sufficient on which to anchor a judgment of conviction for the truth is established not by the number of witnesses but by the quality of their testimonies.[46] | |||||
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2003-07-17 |
PER CURIAM |
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| The actual damages awarded by the trial court in the amount of P21,400 for the funeral, burial and other expenses incurred by the Arimbuyutans due to the death of Resty Arimubuyutan is deleted. Actual damages cannot be awarded based merely on a list of expenses[79] presented by the prosecution, as such claim must be adequately supported by receipts.[80] However, in lieu thereof, temperate damages under Article 2224[81] of the Civil Code may be recovered as it has been shown that the family of the deceased suffered some pecuniary loss, but the amount thereof cannot be proved with certainty.[82] An award of P15,000 should suffice.[83] | |||||