This case has been cited 3 times or more.
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2010-07-06 |
BERSAMIN, J. |
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| Both the trial court and the CA rejected Teofilo's plea of self-defense. We hold that they did so correctly. Teofilos's evidence on self-defense was not persuasive enough, and lacked credibility. Simply stated, such evidence did not prevail over the clear showing by Salvacion and the Bernals that Teofilo and his co-conspirators had ganged up on Edgardo with a knife (Teofilo) and bolo (Gregorio) while the other two had held Edgardo to render him defenseless. Indeed, we agree with the conclusion of both lower courts that the plea of self-defense was belied by the number (12) and the different sizes of the wounds inflicted on Edgardo. The presence of a large number of wounds on the victim's body negated self-defense, and indicated, instead, a determined effort to kill the victim.[31] | |||||
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2003-08-19 |
PER CURIAM |
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| We find no evidence to support the award of actual damages. To justify actual damages, it is necessary to show the amount of actual loss with the best evidence obtainable.[29] The brother of Nenen Calamba V testified that he spent for the wake and burial but failed to present receipts or documents to substantiate the expenses allegedly incurred. Hence, the award of P60,000.00 for actual damages must be deleted for insufficiency of evidence. Nonetheless, since it cannot be denied that the offended parties must have disbursed their resources to give their deceased relative a decent memorial service and other related expenses due to the wrongful act of accused-appellant although the amounts thereof were not proved, we must award P25,000.00 as temperate damages. | |||||
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2001-11-27 |
PUNO, J. |
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| The trial court ordered accused-appellant to indemnify the heirs of the victim the sum of P120,000.00 as and for actual and moral damages. This is erroneous. Prosecution witness Sanita testified that she spent P20,000.00 for the wake of her husband, but there were no receipts presented to support the same, It is axiomatic that a party seeking the award of actual damages must produce competent proof or the best evidence obtainable to justify such award.[22] Since no receipts of expenses were presented, actual damages should be disallowed.[23] | |||||