This case has been cited 4 times or more.
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2007-06-07 |
QUISUMBING, J. |
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| In Criminal Case No. 99-3102-MK, for the frustrated murder of Pelagio Ricalde, we grant an award of P30,000 as civil indemnity without proof other than the commission of the crime and the culprit's liability therefor.[74] In addition, an award of moral damages of P50,000 is proper for the suffering endured by the victim from appellant's criminal acts.[75] | |||||
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2003-04-24 |
QUISUMBING, J. |
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| Further, in filing various motions for continuances, defense counsel heavily relies on the case which he cited as: "Factoran, Jr. v. Hon. Judge Capulong, A.M. No. RTJ-90517, Feb. 7, 1991"[69] to justify his motion for suspension of proceedings in the trial court. For one, the case citation is incorrect; the resolution is dated February 11, 1991. For another, the rule is settled as far back as People v. Mercado[70] that the judicial action on the motion for leave of court to file demurrer to evidence or the demurrer itself is left to the exercise of the court's sound judicial discretion. This doctrine was reiterated in the recent case of People v. Singh.[71] Section 23 of Rule 119, 2000 Rules of Criminal Procedure,[72] provides that "the order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment." | |||||
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2002-05-29 |
MENDOZA, J. |
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| In line with current jurisprudence, therefore, accused-appellants are civilly liable for the following damages: (a) for the murder of Gloria Rafael - P50,000.00 moral damages and P50,000.00 civil indemnity[42] and (b) for the frustrated murder of Alejandra Rafael - P30,000.00 civil indemnity[43] and P50,000.00 moral damages.[44] In both cases, due to the presence of the qualifying circumstance of treachery and the aggravating circumstance of dwelling, an award of P25,000.00 in exemplary damages should also be awarded pursuant to Art. 2230 of the Civil Code.[45] The award of actual damages for funeral and medical expenses in both cases should, however, be deleted for lack of receipts or any documents evidencing the same, as required by Art. 2199 of the Civil Code.[46] However, nominal damages of ten thousand pesos (P10,000.00) may be awarded so that the victims' rights may be recognized or vindicated.[47] | |||||
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2002-01-31 |
PARDO, J. |
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| A bail application does not only involve the right of the accused to temporary liberty, but likewise the right of the State to protect the people and the peace of the community from dangerous elements.[21] "To appreciate the strength or weakness of the evidence of guilt, the prosecution must be consulted or heard. It is equally entitled as the accused to due process."[22] The prosecution must be given ample opportunity to show that the evidence of guilt is strong.[23] | |||||