This case has been cited 1 times or more.
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2001-06-21 |
YNARES-SANTIAGO, J. |
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| The trial court held accused-appellants solidarily liable to the heirs of Gabitan for P200,000.00, and another P20,000.00 each to Juvith Cerilles and Edward Villaflor as indemnity. In murder, the civil indemnity has been fixed by jurisprudence at P50,000.00.[53] The grant of civil indemnity in murder requires no proof other than the fact of death as a result of the crime and proof of appellants' responsibility therefor.[54] On the other hand, the separate award of moral damages is justified because of the physical suffering and mental anguish brought about by the felonious acts, and is thus recoverable in criminal offenses resulting in physical injuries or death.[55] The amount of moral damages is also fixed at P50,000.00 for murder.[56] For the less serious physical injuries, moral damages of P10,000.00 shall be sufficient. Exemplary damages can be granted only in cases where there is an aggravating circumstance.[57] | |||||