This case has been cited 5 times or more.
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2011-12-14 |
DEL CASTILLO, J. |
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| In this case, treachery is evident from the same circumstances we have already discussed above. From the facts, Cesario could not have been aware that he would be surrounded, attacked and killed by the appellants who were all related to him. He could not have also been aware that Eddie had a shotgun concealed in a sack because if he was, he would not have casually approached Florencio when the latter summoned him. Unfortunately, while Cesario was advancing towards Florencio, Eddie shot him at close range without any warning whatsoever. Evidently, the crime was committed in a manner that there was no opportunity for Cesario to defend himself. Also, the mode of attack did not spring from the unexpected turn of events but was clearly thought of by the appellants. Hence, it no longer matters that the assault was frontal since its swiftness and unexpectedness deprived Cesario of a chance to repel it or offer any resistance in defense of his person. [34] | |||||
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2004-01-20 |
QUISUMBING, J. |
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| The award by the trial court of P50,000.00 as actual damages should be reduced to P45,000.00, based on the supporting receipt. To be entitled to actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and the best evidence obtainable to the injured party.[74] | |||||
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2001-02-07 |
PER CURIAM |
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| The defense of alibi, i.e., that on that eventful day of 09 April 1997, accused-appellant was at the Balingasag Public Market drinking beer with his cousins from two in the afternoon until almost six o'clock in the evening, is extremely weak. Alibi can pose serious consideration only when shown that the accused could not have been present at the place of the crime at the time it is committed.[16] Equally important, an effective alibi must have some credible corroboration from disinterested witnesses.[17] Norma Babiera, a witness presented by the defense, herself admitted that Binitinan is not at all that distant from Balingasag. | |||||
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2000-07-31 |
MENDOZA, J. |
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| Third. As to the question of damages, the trial court correctly awarded P50,000.00 as civil indemnity to the heirs of Feliciano Nepomuceno, in accordance with our recent rulings.[53] We find that aside from the civil indemnity, however, the heirs of Feliciano Nepomuceno are entitled to actual damages for expenses incurred during Feliciano Nepomuceno's wake and burial. To be entitled to such damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable by the injured party.[54] In the case at bar, the funeral expenses were shown by a receipt issued by La Funeraria Oro, Inc. in the amount P14,500.00.[55] In addition, the prosecution presented receipts issued in favor of Arsenia Nepomuceno to show the payment of P1,800.00 for the construction of Feliciano Nepomuceno's grave[56] and P7,500.00 for the family lot located at the Taytay Municipal Cemetery.[57] These receipts are sufficient to prove the amount of actual damages with reasonable certainty. The heirs of the victim are, therefore, entitled to the full amount of P23,800.00 as actual damages representing the expenses sustained by them for the death of Feliciano Nepomuceno. | |||||
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2000-07-05 |
PARDO, J. |
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| Alibis are generally considered with suspicion and are always received with caution, not only because they are inherently weak and unreliable, but also because they can be easily fabricated. "Ergo, for alibi to serve as a basis for acquittal, the accused must establish by clear and convincing evidence (a) his presence at another place at the time of the perpetration of the crime and (b) that it would be physically impossible for him to have been at the scene of the crime."[11] Salik Amino's alibi is that he was at his house on February 4, 1992, but he was unable to present witnesses to corroborate his testimony. This is due to the lapse of time since his arrest and the trial and presentation of evidence on his part, at which time, all his possible corroborating witnesses had transferred residence. | |||||