This case has been cited 2 times or more.
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2007-04-27 |
CARPIO, J. |
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| The award of actual damages amounting to P15,000 to the heirs of Roberto Aguinaldo cannot be sustained. This amount was allegedly incurred in the interment of the deceased. Except for the amount of P7,500 that was supported by receipts,[26] the remaining sum of P7,500 was unsubstantiated by competent evidence. The award of actual damages cannot rest on the bare allegation of the heirs of the victim.[27] | |||||
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2003-07-09 |
VITUG, J. |
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| "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] | |||||