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PEOPLE v. AGUEDA T. ALBA

This case has been cited 9 times or more.

	GR No. 147149 2003-07-09	PEOPLE v. CARLOS MANANSALA VITUG, J.
"Q So, in other words it was consistent with your findings vis a vis the trajectory of the wounds? "A Yes, Your Honor. (Italics supplied.)"[15] Appellant, by invoking self-defense, admitted authorship of the killing, and the burden of proof was on him to establish a convincing justification therefor. The asseveration that the killing was accidental and that he had no intention to kill his cousin hardly could be believed. He hurriedly left the victim's house right after the shooting with a "disturbed" look on his face. Instead of lending assistance to the fallen victim or at least asking others to help, he fled and went into hiding. The first impulse of an innocent man would certainly be not to flee.[16] Assuming that appellant was in a state of shock right after the incident, it could not have lasted for more than three years when, finally, he was apprehended by virtue of an alias order of arrest.[17]
	GR No. 146100 2002-11-13	PEOPLE v. JOHNNY LOTERONO YNARES-SANTIAGO, J.
other than the death of the victim.[70] Proper too is the entitlement of the victim's heirs to moral damages pegged at P50,000.00 by controlling case law[71] taking into consideration the pain and anguish of the victim's family[72] brought about by his death.[73]
	GR No. 135975 2002-08-14	PEOPLE v. BONIFACIO ABADIES YNARES-SANTIAGO, J.
case law,[32] was also correctly awarded by the trial court taking into consideration the pain and anguish of the victim's family brought about by his death.[33] The award of P25,000.00 as actual expenses incurred by the widow of Cecilio Roldan, which was duly proved,[34] is likewise affirmed. WHEREFORE, in view of the foregoing, the Decision of the Regional Trial Court of Ormoc City, Branch 35, in Criminal Case No. 4756-O, finding accused-appellant Bonifacio Abadies guilty beyond reasonable doubt of the crime of Murder and ordering him to pay the
	GR Nos. 132130-31 2002-05-29	PEOPLE v. JESUS SUMIBCAY Y REPOLLO YNARES-SANTIAGO, J.
In Criminal Case No. U-5638, the trial court was correct in convicting accused-appellant of attempted murder. The testimony of Flordeliza that accused-appellant deliberately fired the gun at her was reinforced by the corroborative declaration of prosecution witness De Leon who stated that the shot was intended to kill Flordeliza. Since accused-appellant already commenced the criminal act by overt acts but failed to perform all acts of execution as to produce the felony by reason of some cause other than his own desistance, the crime committed is an attempted felony.[22] Accused-appellant already commenced his attack with a manifest intent to kill by shooting Flordeliza, but failed to perform all the acts of execution by reason of causes independent of his will, that is, poor aim and the intervention of Glicerio. So also, accused-appellant's attack on Flordeliza, who was then unsuspectingly tending their sari-sari store, was sudden and done without any provocation, thus giving her no chance to defend herself. This circumstance constitutes treachery[23] which qualifies the crime to attempted murder.
	GR No. 144422 2002-02-28	PEOPLE v. ALDRIN LICAYAN Y SUCANO PER CURIAM
Art. 47. In what cases death penalty shall not be imposed; Automatic review of death penalty cases. - The death penalty shall be imposed in all cases in which it must be imposed under existing laws except when the guilty person is below eighteen (18) years of age at the time of the commission of the crime or is more than seventy years of age or when upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not obtained for the imposition of the death penalty, in which cases the penalty shall be reclusion perpetua. Under prevailing jurisprudence, the amount of civil indemnity in cases of rape with homicide is now P100,000.00.[45] On the other hand, the award of moral damages in the amount of P50,000.00 given to the victim's heirs is proper taking into consideration the pain and anguish of the victim's family[46] brought about by her death.[47]
	GR Nos. 144086-87 2002-02-06	PEOPLE v. EDRALIN TABOGA YNARES-SANTIAGO, J.
The award of moral damages in the amount of P50,000.00 to the victim's heirs is likewise proper taking into consideration the pain and anguish of the victim's family brought about by her death.[54]
	GR Nos. 140557-58 2001-12-05	PEOPLE v. EDGARDO HERRERA YNARES-SANTIAGO, J.
Following prevailing jurisprudence[90] and in line with controlling policy, the Court finds the award of P50,000.00 as civil indemnity for the death of the victims proper without any need of proof[91] other than the death of the victim.[92] The award of moral damages by the trial court to the victims' heirs is likewise proper and is pegged at P50,000.00 by controlling case law[93] taking into consideration the pain and anguish of the victim's family[94] brought about by his death.[95]
	GR No. 142044 2001-11-23	PEOPLE v. TOBECHUKWU NICHOLAS Y MABENA YNARES-SANTIAGO, J.
The amount of damages awarded by the trial court needs some modification. The civil indemnity, which the trial court termed compensation for loss of life of the victim, was correctly fixed at P50,000.00.[67] However, the amount of moral damages should be reduced from P500,000.00 to P50,000.00, as pegged by controlling case law,[68] taking into consideration the pain and anguish of the victim's family[69] brought about by his death.[70]
	GR No. 137457 2001-11-21	PEOPLE v. ROSAURO SIA Y DICHOSO YNARES-SANTIAGO, J.
Anent the civil indemnity award, this Court finds the amount of P50,000.00 as death indemnity proper, following prevailing jurisprudence,[48] and in line with controlling policy.[49] The award of civil indemnity may be granted without any need of proof other than the death of the victim.[50] Though not awarded by the trial court, the victim's heirs are likewise entitled to moral damages, pegged at P50,000.00 by controlling case law,[51] taking into consideration the pain and anguish of the victim's family[52] brought about by his death.[53]