This case has been cited 3 times or more.
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2013-10-07 |
REYES, J. |
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| As to the civil liability of the petitioner, the CA was correct in deleting the payment of the consequential damages awarded by the trial court in the absence of proof thereof. Where the amount of actual damages cannot be determined because of the absence of supporting receipts but entitlement is shown by the facts of the case, temperate damages may be awarded.[49] In the instant case, Benigno certainly suffered injuries, was actually hospitalized and underwent medical treatment. Considering the nature of his injuries, it is prudent to award temperate damages in the amount of P25,000.00, in lieu of actual damages.[50] | |||||
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2013-02-27 |
SERENO, C.J. |
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| Physical impossibility refers to the distance between the place where the accused was when the crime transpired and the place where it was committed, as well as the facility of access between the two places.[90] Petitioner failed to prove the physical impossibility of his being at the scene of the crime at the time in question. | |||||
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2010-02-04 |
PERALTA, J. |
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| However, the Court does not agree with the findings of the CA affirming the trial court's judgment finding Sajiron and Maron guilty of abduction and rape in Criminal Case No. 12281. An appeal in a criminal case opens the entire case for review on any question, including one not raised by the parties[30] Article 342 of the Revised Penal Code spells out the elements of the crime of forcible abduction, thus: (a) that the person abducted is a woman, regardless of her age, civil status, or reputation; (b) that the abduction is against her will; and (c) that the abduction is with lewd designs. | |||||