This case has been cited 3 times or more.
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2010-04-08 |
DEL CASTILLO, J. |
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| Anent the award of damages for which Taban and Tubo should be made solidarily liable, in Criminal Case No. 92-079, the trial court properly awarded civil indemnity in the amount of P50,000.00 to the heirs of Jimmy. Civil indemnity is automatically granted to the heirs of the deceased victim without need of further evidence other than the fact of the commission of the crime.[31] In addition, the trial court should have awarded moral damages in the sum of P50,000.00 in consonance with current jurisprudence.[32] As to actual damages, the prosecution was able to prove burial-related expenses with supporting receipt[33] only to the extent of P5,000.00. In People v. Villanueva,[34] we held that when actual damages proven by receipts during the trial amount to less than P25,000.00, the award of temperate damages for P25,000.00 is justified in lieu of actual damages for a lesser amount. We explained that it was anomalous and unfair that | |||||
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2003-11-28 |
SANDOVAL-GUTIERREZ, J. |
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| The Solicitor General, in the Appellee's Brief, contends that in invoking self- defense, appellant Berdin, in effect, admitted killing the victim and, therefore, the onus probandi to show that his act is justified shifts to him. As such, even if the prosecution's evidence is weak, it could not be readily dismissed considering that appellant had openly admitted his responsibility for the killing.[42] Simply put, he must rely on the strength of his own evidence and not on the weakness of that of the prosecution. The Solicitor General further contends that the nature, severity and number of wounds suffered by the victim are totally inconsistent with Berdin's plea of self- defense. The Solicitor General agrees with the trial court that all the appellants conspired with each other in killing the victim; and that the aggravating circumstance of treachery attended the commission of the crime considering that the assault was sudden and without slightest provocation on the part of the victim. | |||||
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2003-04-01 |
CARPIO MORALES, J. |
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| As to the civil aspect of the case, in line with prevailing jurisprudence, the award of indemnity to the heirs of the victim in the amount of P50,000.00 is affirmed.[42] | |||||