This case has been cited 6 times or more.
|
2004-06-08 |
PER CURIAM |
||||
| Witnesses cannot be expected to remember all the details of the harrowing event which unfolded before their eyes. Minor discrepancies might be found in their testimony, but they do not damage the essential integrity of the evidence in its material whole, nor should they reflect adversely on the witness' credibility as they erase suspicion that the same was perjured.[18] Honest inconsistencies on minor and trivial matters serve to strengthen rather than destroy the credibility of a witness to a crime, especially so when, as in the instant case, the crime is shocking to the conscience and numbing to the senses.[19] | |||||
|
2003-07-11 |
CALLEJO, SR., J. |
||||
| the said amount.[45] She is, however, entitled to temperate damages in the amount of P25,000 conformably to current jurisprudence.[46] IN LIGHT OF ALL THE FOREGOING, the Decision of the Regional Trial Court of Masbate, Branch 48 is AFFIRMED with MODIFICATION. Appellants Alfredo Gallego, Leoberto Gajeto and Erwin Villaros are found guilty beyond reasonable doubt of murder | |||||
|
2003-01-28 |
CALLEJO, SR., J. |
||||
| Anent the amount of P110,000.00 as actual damages awarded by the trial court, the same should be deleted for failure of the prosecution to produce receipts in support thereof.[46] However, in lieu thereof, temperate damages under Article 2224 of the Civil Code may be recovered, as it has been shown that the deceased's family suffered some pecuniary loss but the amount thereof cannot be proved with certainty. For this reason, an award of P15,000.00 by way of temperate damages should suffice.[47] | |||||
|
2002-07-03 |
YNARES-SANTIAGO, J. |
||||
| Accused-appellant's civil liability must be modified. Not being substantiated by evidence, the award of P14,000.00 as actual damages, and P15,000.00 for loss of income, to Roger Cabiguen in Criminal Case No. 9489, should be deleted. However, in lieu thereof, temperate damages under Article 2224 of the Civil Code may be recovered, as it has been shown that Roger Cabiguen suffered some pecuniary loss but the amount thereof cannot be proved with certainty. For this reason, an award of P10,000.00 by way of temperate damages should suffice.[28] | |||||
|
2002-05-29 |
YNARES-SANTIAGO, J. |
||||
| Anent accused-appellant's civil liability for the crime of murder, the amount of P58,500.00 as actual damages awarded by the trial court should be deleted for failure of the prosecution to produce receipts in support thereof. However, in lieu thereof, temperate damages under Article 2224 of the Civil Code may be recovered, as it has been shown that the deceased's family suffered some pecuniary loss but the amount thereof cannot be proved with certainty. For this reason, an award of P15,000.00 by way of temperate damages should suffice.[29] In line with recent jurisprudence, the heirs of the deceased should be awarded P50,000.00 as civil indemnity and another P50,000.00 as moral damages.[30] The exemplary damages and attorney's fees awarded by the court a quo should be deleted for lack of basis. | |||||
|
2002-05-29 |
YNARES-SANTIAGO, J. |
||||
| The trial court did not overlook any fact of weight and substance which, if properly considered, would have altered the result of the case. Hence, its findings of facts and assessment of the credibility of the witnesses deserve to be sustained on appeal. For having had the distinct opportunity of directly observing the demeanor and conduct of the witnesses under oath, the trial court is in a better position to ascertain whether or not a witness is telling the truth.[30] | |||||