This case has been cited 3 times or more.
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2002-02-13 |
YNARES-SANTIAGO, J. |
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| The requisites for the admissibility of the victim's ante mortem statement as part of the res gestae and also as a dying declaration are present in this case, hence the same should be admitted under both exceptions to the hearsay rule. (Citation omitted) While the admissibility thereof would naturally not be affected whether viewed under either or both considerations, the advantage of resting the issue on the aforesaid dual bases is that its admission would be invulnerable to a theorized absence of an element of one of said exceptions. This is particularly important in this case, considering that the very identification of the assailant and the accuracy thereof are essentially based on the declaration of the victim. (Emphasis supplied) A declaration made spontaneously after a startling occurrence is deemed as part of the res gestae when (1) the principal act, the res gestae, is a startling occurrence; (2) the statements were made before the declarant had time to contrive or devise; and (3) the statements concern the occurrence in question and its immediately attending circumstances.[9] | |||||
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2002-01-30 |
VITUG, J. |
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| The positive testimony of a single witness could be sufficient for conviction if found to be credible, for truth is established not quantitatively but qualitatively.[7] Where there is nothing to indicate that the witness has been actuated by improper motives, such as in the case at bar, his positive and categorical statement under solemn oath on the witness stand deserves full faith and credence.[8] | |||||
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2002-01-17 |
YNARES-SANTIAGO, J. |
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| As to the award of damages, this Court affirms the amounts of actual damages and civil indemnity for the death of Alvin Vinculado awarded by the trial court. However, this Court finds the award of moral damages in the amount of Two Million Pesos to be excessive and not in accord with prevailing jurisprudence. The amount of P50,000.00 for each of the offended parties, namely, Miguel Vinculado, Levi Vinculado and the heirs of Alvin Vinculado, or a total sum of P150,000.00, is deemed reasonable. It must be stressed that the purpose of the award of moral damages is not to enrich the heirs of the victim but to compensate them for the injuries to their feelings.[12] The award of attorney's fees is also excessive and is hereby reduced to P100,000.00. The Court has the power to reduce the amount of attorney's fees to render it reasonable and conscionable.[13] | |||||