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PEOPLE v. BALTAZAR AMION Y DUGADUGA

This case has been cited 5 times or more.

2002-11-13
YNARES-SANTIAGO, J.
of any modifying circumstance to aggravate or to mitigate criminal liability.[67] Reclusion Temporal in its medium period has a range of fourteen (14) years, eight (8) months and one (1) day to seventeen (17) years and four (4) months. Applying the Indeterminate Sentence Law, the imposable penalty shall range from ten (10) years and one (1) day of Prision Mayor, as minimum, to seventeen (17) years and four (4) months of Reclusion Temporal, as maximum. On the issue of damages, following prevailing jurisprudence[68] and in line with controlling policy, the amount of P50,000.00 should be given as indemnity ex delicto for the death of the victim without any need of proof[69]
2002-08-22
YNARES-SANTIAGO, J.
there is no modifying circumstance to aggravate or to mitigate criminal liability.[49] Applying the Indeterminate Sentence Law, accused-appellant shall be entitled to a minimum term, to be taken from the penalty next lower in degree, Prision Mayor. Thus, accused-appellant shall be sentenced to an indeterminate penalty of eight (8) years and one (1) day of Prision Mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of Reclusion Temporal, as maximum. Coming now to the matter of damages, we affirm the award of civil indemnity in the amount of P50,000.00, pursuant to prevailing jurisprudence.[50] Such award requires no proof other than the death of the victim.[51] Likewise, the
2002-03-18
YNARES-SANTIAGO, J.
We find the trial court's award of P50,000.00 as civil indemnity for the death of the victim proper.[48] Moral damages in the amount of P50,000.00 should have been also awarded by the trial court taking into consideration the pain and anguish of the victim's family brought about by his death.[49]
2001-12-05
YNARES-SANTIAGO, J.
Following prevailing jurisprudence[90] and in line with controlling policy, the Court finds the award of P50,000.00 as civil indemnity for the death of the victims proper without any need of proof[91] other than the death of the victim.[92] The award of moral damages by the trial court to the victims' heirs is likewise proper and is pegged at P50,000.00 by controlling case law[93] taking into consideration the pain and anguish of the victim's family[94] brought about by his death.[95]
2001-11-21
YNARES-SANTIAGO, J.
Anent the civil indemnity award, this Court finds the amount of P50,000.00 as death indemnity proper, following prevailing jurisprudence,[48] and in line with controlling policy.[49] The award of civil indemnity may be granted without any need of proof other than the death of the victim.[50] Though not awarded by the trial court, the victim's heirs are likewise entitled to moral damages, pegged at P50,000.00 by controlling case law,[51] taking into consideration the pain and anguish of the victim's family[52] brought about by his death.[53]