This case has been cited 2 times or more.
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2004-01-16 |
QUISUMBING, J. |
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| After carefully sifting the evidence on record in this case, we see no reason to depart from the findings of the trial court, particularly on the credibility of Maritess Villanueva's testimony. It bears stressing at this point, that findings of the trial court will not be disturbed on appeal unless it is shown that it has plainly overlooked certain facts of substance, which, if considered, might affect the result of the case. This is so because the trial judge, having personally heard the witnesses and observed their deportment and manner of testifying during trial, is in a better position to decide in particular the question of credibility.[39] | |||||
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2003-07-17 |
PER CURIAM |
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| The actual damages awarded by the trial court in the amount of P21,400 for the funeral, burial and other expenses incurred by the Arimbuyutans due to the death of Resty Arimubuyutan is deleted. Actual damages cannot be awarded based merely on a list of expenses[79] presented by the prosecution, as such claim must be adequately supported by receipts.[80] However, in lieu thereof, temperate damages under Article 2224[81] of the Civil Code may be recovered as it has been shown that the family of the deceased suffered some pecuniary loss, but the amount thereof cannot be proved with certainty.[82] An award of P15,000 should suffice.[83] | |||||