This case has been cited 3 times or more.
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2014-07-23 |
REYES, J. |
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| The award of civil indemnity, moral damages and exemplary damages were correct. Civil indemnity is mandatory upon proof of the fact of death of the victim and the culpability of the accused for such death.[26] Despite the absence of any allegation and proof of the heirs' mental anguish and emotional suffering, the award of moral damages is also proper in view of the recognized fact that death invariably and necessarily brings about emotional pain and anguish on the part of the victim's family.[27] The heirs of the victim are likewise entitled to exemplary damages since the killing was attended by treachery.[28] | |||||
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2013-10-23 |
REYES, J. |
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| The award of P50,000.00 as civil indemnity to the heirs of Apolinario is proper and in line with current jurisprudence.[26] Civil indemnity is mandatory upon proof of the fact of death of the victim and the culpability of the accused for such death.[27] The award of P50,000.00[28] as moral damages is likewise correct. Even in the absence of any allegation and proof of the heirs' emotional suffering, it has been recognized that the loss of a loved one to a violent death brings emotional pain and anguish.[29] | |||||
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2010-08-03 |
VILLARAMA, JR., J. |
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| While no general rule can be laid down as to the quantity of circumstantial evidence which will suffice in a given case, all the circumstances proved must be consistent with each other, consistent with the hypothesis that the accused is guilty, and at the same time inconsistent with the hypothesis that he is innocent, and with every other rational hypothesis except that of guilt. The circumstances proved should constitute an unbroken chain which leads to only one (1) fair and reasonable conclusion that the accused, to the exclusion of all others, is the guilty person. Proof beyond reasonable doubt does not mean the degree of proof excluding the possibility of error and producing absolute certainty. Only moral certainty or "that degree of proof which produces conviction in an unprejudiced mind" is required.[33] | |||||