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PEOPLE v. EDMAR AGUILOS

This case has been cited 4 times or more.

	GR Nos. 132310 & 143968-69 2004-01-20	PEOPLE v. FELIPE DEMATE Y LOGANA QUISUMBING, J.
That Violeta and Joseph Ryan were wife and son of the victim does not detract from their credibility, nor diminish the weight of their testimonies. Relatives of victims of crimes have a natural knack for remembering the face of the attacker and they, more than anybody else, would be concerned with vindicating the crime by having the felon brought before the bar of justice.[51] Appellants did not point to any improper motive on the part of the prosecution witnesses to testify falsely against them, or implicate them in the commission of heinous crimes. Hence, we can only conclude that no such improper motive exists and the testimonies of the prosecution witnesses are entitled to full faith and credit.[52]
	GR Nos. 132310 & 143968-69 2004-01-20	PEOPLE v. FELIPE DEMATE Y LOGANA QUISUMBING, J.
However, there is need to modify the award of damages. In Criminal Case No. 8511, following current case law, the heirs of Jaime Ricablanca are entitled to P50,000.00 as indemnity ex delicto. The award of moral damages, however, should be reduced from P100,000.00 to P50,000.00.[72] In addition, exemplary damages in the amount of P25,000.00 must be awarded, considering the attendance of treachery, which qualified the killing to murder.[73] Under Article 2230 of the Civil Code, exemplary damages may be imposed as part of the civil liability when the crime was committed with one or more aggravating circumstances. The term aggravating circumstance as used therein should be construed in its generic sense since the law did not specify otherwise.
	GR No. 148810 2003-11-18	PEOPLE v. HEVER PAULINO Y BIYAYA YNARES-SANTIAGO, J.
The trial court correctly found the presence of the qualifying circumstance of treachery in the instant case. There is treachery when the offender commits any of the crimes against persons, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. The essence of treachery is the swift and unexpected attack on the unarmed victim without the slightest provocation on his part.[22]
	GR No. 134485 2003-10-23	PEOPLE v. OSCAR PEREZ CALLEJO, SR., J.
The trial court correctly ordered the appellant to pay to the heirs of the victim Ildefonso Balite the amount of P50,000 as civil indemnity ex delicto, in accord with current jurisprudence.[55] We cannot, however, award moral damages in the absence of proof of mental or physical suffering on the part of the heirs of the victim.[56] Lastly, given the attendance of the qualifying circumstance of treachery, an award of exemplary damages to the heirs of the victim in the amount of P25,000,[57] in accordance with Article 2230 of the Civil Code,[58] is in order.