Lawyerly

You're currently signed in as:
User

PEOPLE v. LEODEGARIO BASCUGIN Y AGQUIZ

This case has been cited 4 times or more.

	GR No. 174066 2010-10-12	PEOPLE v. ERNESTO NARZABAL Y CASTELO MENDOZA, J.
With respect to the civil indemnity ex delicto, the amount of P100,000.00 was correctly awarded by the RTC.[43] The award of moral damages should, however, be increased from P50,000.00 to P75,000.00 to conform to current jurisprudence.[44] Article 2229 of the New Civil Code permits the award of exemplary damages in order to deter commission of similar acts and allow the courts to forestall behavior that would pose grave and deleterious consequences to society.[45] In this regard, the Court deems it proper to award exemplary damages in the amount of P50,000.00.[46]
	GR No. 175315 2010-08-09	PEOPLE v. ELIZER BEDUYA DEL CASTILLO, J.
However, as the heirs of the victim clearly incurred medical and funeral expenses, P25,000.00 by way of temperate damages should be awarded.[37] "This award is adjudicated so that a right which has been violated may be recognized or vindicated, and not for the purpose of indemnification."[38]
	GR No. 172896 2010-04-19	ROÑO SEGURITAN Y JARA v. PEOPLE DEL CASTILLO, J.
In lieu of actual damages, the heirs of the victim can still be awarded temperate damages. When pecuniary loss has been suffered but the amount cannot, from the nature of the case, be proven with certainty, temperate damages may be recovered. Temperate damages may be allowed in cases where from the nature of the case, definite proof of pecuniary loss cannot be adduced, although the court is convinced that the aggrieved party suffered some pecuniary loss.[29] In this regard, the amount of P25,000.00 is in accordance with recent jurisprudence.[30]
	GR No. 173510 2010-03-15	ERPASCUAL DIEGA Y PAJARES v. CA DEL CASTILLO, J.
As to damages, civil indemnity ex delicto in the amount of P100,000.00 was correctly awarded by the CA. However, the award of actual damages amounting to P42,000.00 is not proper since it was not sufficiently proven. It is settled that actual damages must be substantiated by documentary evidence, such as receipts to prove the expenses incurred as a result of the death of the victim.[31] Here, the amount is not supported by any document on record. In lieu of actual damages, we award temperate damages in the amount of P25,000.00.[32] Moral damages in the amount of P100,000.00 awarded by the trial court and affirmed by the CA must be reduced to P75,000.00 in line with current jurisprudence.[33] An award of exemplary damages in the amount of P50,000.00 is, however, justified.[34] Article 2229 of the Civil Code grants an award of exemplary damages in order to deter the commission of similar acts and to allow the courts to forestall behavior that can have grave and deleterious consequences on society.[35]