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PEOPLE v. JESUS SUMIBCAY Y REPOLLO

This case has been cited 2 times or more.

2003-04-30
AZCUNA, J.
The award of damages are correct and in accordance with law and the evidence, except the award of P80,000 for wake and funeral expenses. This was not supported by receipts and therefore cannot be granted.[25] However, an award of P25,000 for temperate damages may be allowed, under Article 2224 of the Civil Code,[26] since the fact of having incurred expenses for such purposes is incontrovertible.[27]
2003-01-28
CARPIO, J.
The trial court erred in awarding Nestor's heirs actual damages[72] of P74,000.00 considering that the prosecution failed to present the receipts to substantiate the same. The trial court can only grant actual damages if supported by receipts.[73] Nevertheless, instead of actual damages, temperate damages under Article 2224[74] of the Civil Code may be recovered as it has been shown that the victim's family suffered some pecuniary loss but the amount thereof cannot be proved with certainty.[75] An award of P15,000.00 as temperate damages should suffice.[76]