This case has been cited 9 times or more.
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2004-03-17 |
DAVIDE JR., C.J. |
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| commission of the crime.[2] Apart from the civil indemnity, we shall award in favor of the heirs of each victim moral damages in the amount of P50,000 consistent with controlling case law.[73] Moral damages are awarded despite the absence of proof of mental and emotional suffering | |||||
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2003-06-17 |
YNARES-SANTIAGO, J. |
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| The trial court's award of civil indemnity in the amount of P50,000.00 is affirmed. Considering the attendance of the qualifying circumstance of treachery, the amount of P25,000.00 is further awarded to the heirs of the victim as exemplary damages. In People v Catubig,[27] we ruled that insofar as the civil aspect of the crime is concerned, exemplary damages in the amount of P25,000.00 is recoverable if there is present an aggravating circumstance, whether qualifying or ordinary, in the commission of the crime.[28] As regards the award of moral damages, the amount of P20,000.00 should be increased to P50,000.00, in line with prevailing jurisprudence.[29] | |||||
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2002-08-22 |
YNARES-SANTIAGO, J. |
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| award of moral damages in the amount of P50,000.00 is consistent with controlling case law taking into consideration the pain and anguish of the victim's family brought about by his death.[52] However, the award of P26,000.00 for the Eternal Garden plot, P60,000.00 for the coffin of the victim and P100,000.00 for the wake and other expenses incurred in connection with the death of the deceased, amounting to a total of P186,000.00, should be modified. The trial | |||||
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2002-08-14 |
YNARES-SANTIAGO, J. |
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| 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 | |||||
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2002-03-18 |
YNARES-SANTIAGO, J. |
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| We find the trial court's award of P50,000.00 as civil indemnity for the death of the victim proper.[48] Moral damages in the amount of P50,000.00 should have been also awarded by the trial court taking into consideration the pain and anguish of the victim's family brought about by his death.[49] | |||||
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2001-12-05 |
YNARES-SANTIAGO, J. |
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| 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] | |||||
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2001-11-23 |
YNARES-SANTIAGO, J. |
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| 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] | |||||
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2001-11-21 |
YNARES-SANTIAGO, J. |
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| 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] | |||||
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2001-11-15 |
PUNO, J. |
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| We find no reason to disturb the trial court's assessment of the credibility of the lone witness. Time and again, we have ruled that the findings of a trial court on the credibility of witnesses deserves great weight as the trial judge has a clear advantage over the appellate magistrate in appreciating testimonial evidence. The trial judge is in the best position to assess the witness' credibility as he had the unique opportunity to observe the witness firsthand and note his demeanor, conduct and attitude under grueling examination. Absent any showing that the trial court's calibration of credibility was flawed, we are bound by its assessment.[8] | |||||