This case has been cited 3 times or more.
2004-02-05 |
CARPIO, J. |
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The trial court correctly awarded P50,000 as civil indemnity for the wrongful death of the victim. As for funeral expenses, the court can only award such amount as are supported by proper receipts.[34] The prosecution proved funeral expenses of P14,000 as evidenced by Receipt No. 2084 issued by Funeraria Mendoza and burial expenses of P9,950 as shown by Receipt No. 0851 issued by Bustos Memorial Park,[35] aggregating P23,950. However, Mrs. Adelan also testified that she spent P60,000 for the traditional wake of her husband.[36] The defense did not object to this. The rule is that evidence not objected to is deemed admitted. The trial court may consider such evidence in arriving at its judgment.[37] The trial court's award of P83,950 for actual damages is therefore correct. | |||||
2002-03-19 |
KAPUNAN, J. |
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As to actual damages, the Court can only grant such amount for expenses if proper receipts support them.[36] The award of P44,263.00 for funeral expenses should be reduced to P39,775.00 since only the latter amount was evidenced by receipts. | |||||
2001-11-26 |
PARDO, J. |
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We find the award of fifty thousand pesos (P50,000.00) as death indemnity proper. However, we can not sustain the award of thirty thousand seven hundred pesos (P30,700.00), as actual damages. The Court can only grant such amount for expenses if proper receipts support them.[60] In People v. Uldarico Panado,[61] the Court held that the amount of fifty thousand pesos (P50,000.00) may be awarded to the heirs of the victim as moral damages without need of specific proof of moral suffering.[62] |