This case has been cited 5 times or more.
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2003-08-12 |
VITUG, J. |
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| The trial court ordered appellant, together with the two other accused, Joel Lobaton and Daniel Guillero, to jointly and severally pay P50,000.00 civil indemnity to the heirs of the victim Danilo Malata and awarded P53,000 to Hernani Tancinco for the value of the tricycle. The award of P50,000.00 by way of civil indemnity to the heirs of the victim is in keeping with the prevailing jurisprudence.[33] In addition to the indemnity, appellant Llavore should now also be ordered to pay P50,000.00 moral damages pursuant to Article 2219 of the Civil Code.[34] The award of P53,000.00 to Hernani Tancinco representing the value of the stolen tricycle cannot be sustained; the records would show that in a receipt, dated 31 July 1991,[35] Erna M. Tancinco, wife of Hernani Tancinco, executed a receipt in the presence of two witnesses[36] which acknowledged the return of the vehicle from the Office of the I & I Section of the Cadiz City Police Station. | |||||
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2003-06-18 |
SANDOVAL-GUTIERREZ, J. |
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| As to the trial court's award of moral damages in the amount of P500,000.00, we find the same to be excessive. In similar cases,[51] we awarded the victim's heirs the amount of P50,000.00 as moral damages. For verily, moral damages are not intended to enrich the victim's heirs; rather they are awarded to allow them to obtain means for diversion that could serve to alleviate their moral and psychological sufferings.[52] | |||||
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2003-03-26 |
YNARES-SANTIAGO, J. |
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| As regards accused-appellant's civil liability, the trial court's award of P50,000.00 as death indemnity to the father of the victim Donaldo Salmoren, Jr. and P50,000.00 as moral damages are in accord with current jurisprudence. [14] The award of actual damages in the amount of P47,000.00 should likewise be upheld, in view of the defense's admission as to the claim for actual damages.[15] | |||||
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2002-12-09 |
YNARES-SANTIAGO, J. |
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| imposed in its minimum period, pursuant to Article 64 (2) of the Revised Penal Code. Under the Indeterminate Sentence Law, petitioner shall be entitled to a minimum term of imprisonment to be taken from the penalty next lower in degree, prision mayor. Therefore, the indeterminate sentence imposed on him by the trial court, ranging from six (6) years and one (1) day of prision mayor, as minimum, to fourteen (14) years and one (1) day of reclusion temporal, as maximum, is affirmed. Likewise, the Court of Appeals was correct in increasing the amount of civil indemnity to P50,000.00, in line with existing jurisprudence.[15] In cases of murder, homicide, parricide and rape, civil indemnity in the amount of P50,000.00 is | |||||
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2002-09-27 |
YNARES-SANTIAGO, J. |
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| contained in a certification by Joemari's wife, Vienna Rose Bedua. This list of expenses cannot be considered as competent proof and cannot replace the probative value of official receipts to justify the award of actual damages. The certification may even be considered as self-serving, and does not meet the requirement that a party seeking the award of actual damages must produce competent proof or the best evidence obtainable to justify such award. Only substantiated and proven expenses, or those that appear to have been genuinely incurred in connection with the death, wake or burial of the victim will be recognized in court.[17] On the other hand, in line with prevailing jurisprudence, we affirm the awards of P50,000.00 as civil indemnity[18] for the death of Joemari and P50,000.00 as moral damages.[19] Also, as held in People v. Samson | |||||