Lawyerly

You're currently signed in as:
User

PEOPLE v. ROLLY GIDOC

This case has been cited 6 times or more.

	GR No. 190912 2015-01-12	GARY FANTASTICO v. ELPIDIO MALICSE PERALTA, J.
Anent the probative value and weight given to the testimony of Elpidio by the CA and the RTC, the same is not ridden with any error. In People v. Alvarado,[14] we held that greater weight is given to the positive identification of the accused by the prosecution witness than the accused's denial and explanation concerning the commission of the crime. This is so inasmuch as mere denials are self-serving evidence that cannot obtain evidentiary weight greater than the declaration of credible witnesses who testified on affirmative matters.[15]
	GR No. 177573 2010-07-07	PEOPLE v. ROBERTO ASIS LEONARDO-DE CASTRO, J.
Both the RTC and the Court of Appeals failed to award exemplary damages to the heirs of the victim. In view of the presence of the qualifying aggravating circumstance of treachery, the award of exemplary damages in the amount of P30,000.00,[29] in accordance with Article 2230 of the Civil Code,[30] is in order.
	GR No. 186538 2009-11-25	PEOPLE v. AUSENCIO COMILLO CHICO-NAZARIO, J.
The Court of Appeals awarded to the heirs of Pedro Barbo the amount of P25,000.00 as exemplary damages, since the qualifying circumstance of treachery was firmly established.[64] We agree with the award, except that we increase the same to P30,000.00 pursuant to current jurisprudence.[65]
	GR No. 187682 2009-11-25	PEOPLE v. ROMAN LACADEN Y PARINAS CHICO-NAZARIO, J.
We, however, reduce the P75,000.00 civil indemnity ex delicto awarded by the RTC to P50,000.00.[26] As to actual damages, the widow of the deceased presented a list of expenses. The only official receipts that may be considered are the ones issued by Carbonel Funeral Homes (P15,000.00) and Isidro Meat Dealer (P7,360.00) totaling P22,360.00. However, we have held that when actual damages proven by receipts amount to less than P25,000.00, the award of temperate damages amounting to P25,000.00 is justified in lieu of actual damages for a lesser amount.[27] This is based on the sound reasoning that it would be anomalous and unfair to the victim who tried but succeeded in proving actual damages of less than P25,000.00. He would be in a worse situation than another who might have presented no receipts at all, but is entitled to P25,000.00 temperate damages. Thus, considering that funeral expenses in the amount of P22,360.00 were proven by Danny's heirs, an award of P25,000.00 as temperate damages, in lieu of this lesser amount of actual damages, is proper. The widow is also entitled to P50,000.00 moral damages, in view of the violent death of the victim, which does not require allegation and proof of the emotional suffering of the heirs.[28] With the finding of the qualifying circumstance of treachery, exemplary damages in the amount of P30,000.00 is properly awarded.[29]
	GR No. 187074 2009-10-13	PEOPLE v. ALLAN DEL PRADO Y CAHUSAY PERALTA, J.
This Court, however, deems it necessary to include an award of exemplary damages in favor of the heirs of Hudo. An aggravating circumstance, whether ordinary or qualifying, should entitle the offended party to an award of exemplary damages within the unbridled meaning of Article 2230[19] of the Civil Code.[20] The award of P30,000.00 as exemplary damages is therefore, proper under current jurisprudence.[21]
	GR No. 184792 2009-10-12	PEOPLE v. ALFREDO DELA CRUZ Y MIRANDA VELASCO JR., J.
All told, the prosecution has discharged the burden of proving the commission of the crime charged beyond reasonable doubt. It was able to establish two things: first, the corpus delicti or the presence of all the elements of the offense of murder; and second, the fact that Didong was the perpetrator of the crime.[24] The fact that Didong was one of the men who killed Ahlladin was proved by the testimony and the positive identification by the prosecution witnesses.