This case has been cited 2 times or more.
|
2003-04-30 |
PER CURIAM |
||||
| The rule is that once the prosecution has shown there was compliance with the constitutional requirements on custodial investigations, a confession is presumed voluntary and the declarant bears the burden of destroying this presumption. The confession is admissible until the accused successfully proves that it was given as a result of violence, intimidation, threat, or promise of reward or leniency.[51] | |||||
|
2002-05-29 |
KAPUNAN, J. |
||||
| The trial court correctly awarded P50,000.00 as civil indemnity. Consistent with recent jurisprudence, the award of moral damages should be increased to P50,000.00.[39] However, the court cannot rely on conjecture or guesswork on the fact and extent of damages.[40] The amount of actual damages must be proved with a reasonable degree certainty[41] and must be premised upon competent proof and on the best evidence obtainable by the injured party.[42] Hence, the award of actual damages must be reduced to P26,500.00 which is the amount substantiated by receipts.[43] Anent the amount of lost income, the formula for its computation is - | |||||