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PEOPLE v. RODRIGUEZ LUCERO Y PAW-AS

This case has been cited 8 times or more.

	GR Nos. 204481-82 2015-10-14	ALBERT G. AMBAGAN v. PEOPLE VELASCO JR., J.
Q But you cannot actually tell what really happened because according to you, you only learned of the death of the three other persons from other people? A Yes, Your Honors.[80] (emphasis added) Minor inconsistencies, far from detracting from the veracity of the testimony, even enhance the credibility of the witnesses, for they remove any suspicion that the testimony was contrived or rehearsed.[81] However, the death of three (3) other individuals in this case is not a minute detail, so much so that one who claimed not to have blinked during the entire incident, as Ronnel Bawalan alleged, could not have possibly overlooked the same. This cannot simply be glossed over and treated as a badge of truthfulness, but instead plausibly raises suspicion as to his presence in the scene of the crime when it was committed.
	GR No. 199442 2014-04-07	PEOPLE v. FRANCISCO ABAIGAR DEL CASTILLO, J.
As regards the damages awarded, we note that the trial court did not award actual damages. In lieu thereof, the heirs of the victim are entitled to an award of temperate damages in the amount of P25,000.00 "as it cannot be denied that the heirs of the [victim] suffered pecuniary loss although the exact amount was not proved."[12] "This award is adjudicated so that a right which has been violated may be recognized or vindicated, and not for the purpose of indemnification."[13] Exemplary damages must likewise be increased to P30,000.00 in line with prevailing jurisprudence. In addition, all damages awarded shall earn interest at the rate of 6% per annum from finality of this judgment until fully paid.
	GR No. 195525 2014-02-05	PEOPLE v. WILFREDO GUNDA DEL CASTILLO, J.
P50,000.00, however, was correctly awarded by the trial court and the CA.[18] Moreover, we note that the trial court and the CA did not award actual damages. In lieu thereof, we award temperate damages in the amount of P25,000.00 "as it cannot be denied that the heirs of the [victim] suffered pecuniary loss although the exact amount was not proved."[19] "This award is adjudicated so that a right which has been violated may be recognized or vindicated, and not for the purpose of indemnification."[20] In addition, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of this judgment until fully paid.[21]
	GR No. 174461 2013-09-11	LETICIA I. KUMMER v. PEOPLE BRION, J.
In the present case, we find it undeniable that Malana and Cuntapay positively identified the petitioner as one of the assailants. This is the critical point, not the inconsistencies that the petitioner repeatedly refers to, which carry no direct bearing on the crucial issue of the identity of the perpetrator of the crime. Indeed, the inconsistencies refer only to minor details that are not critical to the main outcome of the case. Moreover, the basic rule is that the Supreme Court accords great respect and even finality to the findings of credibility of the trial court, more so if the same were affirmed by the CA, as in this case.[13] We find no reason to break this rule and thus find that both the RTC and the CA were correct in giving credence to the testimonies of Malana and Cuntapay.
	GR No. 202867 2013-07-15	PEOPLE v. REGIE LABIAGA CARPIO, J.
In light of recent jurisprudence, we deem it proper to increase the amount of damages imposed by the lower court in both cases. In Criminal Case No. 2001-1555, this Court hereby awards P75,000.00 as civil indemnity[23] and P30,000.00 as exemplary damages.[24] The award of P50,000.00 as moral damages in the foregoing case is sustained. Appellant is also liable to pay P40,000.00 as moral damages and P30,000.00 as exemplary damages, in relation to Criminal Case No. 2002-1777.
	GR No. 180281 2013-07-01	PEOPLE v. JOEMARIE JALBONIAN alias “Budo” DEL CASTILLO, J.
Appellant must indemnify the heirs of the victim since death resulted from the crime. The heirs of the victim are entitled to an award of civil indemnity in the amount of P75,000.00, which is mandatory and is granted without need of evidence other than the commission of the crime.[45] Hence, we increase the award for civil indemnity made by the trial court and affirmed by the CA from P50,000.00 to P75,000.00. Also, while the CA correctly ordered appellant to pay the heirs of the victim exemplary damages, the amount awarded must be increased from P25,000.00 to P30,000.00 in line with current jurisprudence.[46]
	GR No. 188612 2012-07-30	PEOPLE v. DIOSDADO CAMAT LEONARDO-DE CASTRO, J.
Every person criminally liable for a felony is also civilly liable.[50] Thus, when death occurs due to a crime, the following damages may be awarded: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney's fees and expenses of litigation; and (6) interest, in proper cases.[51] This Court had previously declared that in cases of Murder and Homicide, civil indemnity and moral damages are awarded automatically. Indeed, such awards are mandatory without need of allegation and proof other than the death of the victim, owing to the fact of the commission of Murder or Homicide.[52]
	GR No. 190317 2011-08-22	PEOPLE v. LARRY TORRES VELASCO JR., J.
In cases of murder and homicide, civil indemnity and moral damages are awarded automatically. Indeed, such awards are mandatory without need of allegation and proof other than the death of the victim, owing to the fact of the commission of murder or homicide.[21] When the imposable penalty for the crime is reclusion perpetua, the damages to be imposed are: PhP 50,000 as civil indemnity, PhP 50,000 as moral damages, and PhP 30,000 as exemplary damages.[22] These amounts are proper since there are neither mitigating nor aggravating circumstances in the commission of the crime in accordance with Art. 63 of the Revised Penal Code. Interest at the rate of 6% per annum reckoned from January 19, 2000, which is the date of the killing, up to the finality of the judgment should be imposed on the damages.[23] In addition, interest at 12% per annum shall be imposed on said damages from finality of judgment until paid.