This case has been cited 3 times or more.
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2003-06-10 |
AUSTRIA-MARTINEZ, J. |
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| Appellant's defense of alibi, although corroborated by two witnesses, has no merit. His alibi fails in the light of the positive and unequivocal declaration of April. It is an oft-quoted doctrine that positive identification prevails over denial and alibi.[34] Furthermore, for the defense of alibi to prosper, the appellant must establish that (a) he was in another place at the time of the commission of the offense; and (b) he was so far away that he could not have been physically present at the place of the crime, or its immediate vicinity, at the time of its commission.[35] Appellant failed to establish both requirements. Aside from the testimony of April, the clear and categorical testimony of rebuttal witness Mario Bojo established that appellant was at the scene of the incident on May 4, 1996. The defense failed to show Bojo had any motive to falsely testify against the appellant. When there is no evidence to indicate that the prosecution witnesses were actuated by improper motives, the presumption is that they were not so actuated and that their testimonies are entitled to full faith and credit.[36] | |||||
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2003-02-27 |
AZCUNA, J. |
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| Finally, the trial court correctly awarded moral damages to the heirs of the victim as the victim's wife testified that she suffered mental anguish as a result of her husband's death. However, the amount of P30,000.00 it awarded should be increased to P50,000.00, in accordance with prevailing jurisprudence.[127] An award of P25,000.00 for exemplary damages should also be added. | |||||
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2003-01-28 |
CARPIO, J. |
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| The trial court correctly awarded moral damages for the anguish suffered by the victim's wife because of the victim's death.[77] However, the amount of P75,000.00 should be reduced to P50,000.00 following prevailing jurisprudence.[78] The purpose for making such award is not to enrich the heirs of the victim but to compensate them for injuries to their feelings.[79] | |||||