This case has been cited 5 times or more.
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2015-01-21 |
PERLAS-BERNABE, J. |
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| As a final note, the Court clarifies that the order for the payment of "moral damages" in the amount of P50,000.00for the death of Dionesio, Sr.should be, properly speaking, denominated as one for the payment of "civil indemnity" as they were not awarded under the parameters of the Civil Code relevant thereto,[52] but was one "given without need of proof other than the fact of death as a result of the crime and proof of [the accused's] responsibility for it."[53] This is a palpable legal error which the Court should correct if only for terminological propriety. With the private complainant not herein impleaded, the rest of the RTC's July 31, 2006 Decision with respect to the civil liabilities awarded should remain undisturbed. Note that, in line with existing jurisprudence, interest at the rate of six percent (6) per annum shall be imposed on all damages awarded from the date of finality of judgment until fully paid.[54] | |||||
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2013-09-18 |
DEL CASTILLO, J. |
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| In conformity with prevailing jurisprudence, we affirm the award of P50,000.00 as civil indemnity to the heirs of the victim. This is given without need of proof other than the fact of death as a result of the crime and proof of appellant's responsibility for it.[50] | |||||
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2010-09-08 |
VELASCO JR., J. |
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| Anent accused-appellants' pecuniary liability, we modify the damages awarded by the lower court. Civil indemnity of PhP 50,000 is given without need of proof other than the fact of death as a result of the crime and proof of the accused's responsibility for it.[28] If, however, the commission of robbery with homicide is attended by a qualifying aggravating circumstance, as here, that requires the imposition of the death penalty (such as the use of an unlicensed firearm), the civil indemnity for the victim shall be PhP 75,000.[29] Moral damages awarded in the amount of PhP 50,000 must also be increased to PhP 75,000 pursuant to current jurisprudence.[30] | |||||
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2010-07-06 |
BERSAMIN, J. |
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| damages.[39] Likewise, the mental anguish of the surviving family should be assuaged by the award of appropriate and reasonable moral damages.[40] Although the surviving family's mental anguish is not ever quantifiable with mathematical precision, the Court must nonetheless determine the amount to which the heirs of the deceased are entitled. In this case, the Court holds that the amount of P50,000.00 is reasonable, which, pursuant to prevailing jurisprudence,[41] is awarded even in the absence of any allegation and proof of the heirs' emotional suffering, simply because human nature and experience have shown that: xxx a violent death invariably and necessarily brings about emotional pain and anguish on the part of the victim's family. It is inherently human to suffer sorrow, torment, pain and anger when a loved one becomes the victim of a violent or brutal killing. Such violent death or brutal killing not only steals from the family of the deceased his precious life, deprives them forever of his love, affection and support, but often leaves them with the gnawing feeling that an injustice has been done to them.[42] | |||||
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2009-11-25 |
NACHURA, J. |
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| To warrant an award of actual or compensatory damages for repair to damage sustained, the best evidence should be the receipts or other documentary proofs of the actual amount expended.[30] However, considering that it was duly proven that the jitney was damaged and had to be repaired, as it was repaired, and that the cargo of eggs was indeed destroyed, but the actual amounts expended or lost were not proven, we deem it appropriate to award P250,000.00 by way of temperate damages. Under Article 2224 of the Civil Code, temperate damages may be recovered when pecuniary loss has been suffered but its amount cannot be proved with certainty.[31] We, however, sustain the trial court's award of P1,327.00 as regards the medical expenses incurred by petitioner, the same being duly supported by receipts.[32] | |||||