This case has been cited 3 times or more.
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2016-01-11 |
LEONEN, J. |
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| In People v. Malngan,[115] barangay tanod and the Barangay Chairman were deemed as law enforcement officers for purposes of applying Article III of the Constitution.[116] In People v. Lauga,[117] this court held that a "bantay bayan," in relation to the authority to conduct a custodial investigation under Article III, Section 12[118] of the Constitution, "has the color of a state-related function and objective insofar as the entitlement of a suspect to his constitutional rights[.]"[119] | |||||
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2012-08-29 |
LEONARDO-DE CASTRO, J. |
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| Pursuant therefore to Republic Act No. 9346, the penalty that should be imposed is reclusion perpetua. In People v. Lauga,[38] the Court held that where the rape is committed with any of the qualifying/aggravating circumstances warranting the imposition of the death penalty, the victim is entitled to P75,000.00 as civil indemnity ex delicto and P75,000.00 as moral damages. These amounts were correctly imposed by the Court of Appeals. In Lauga, however, where the thirteen-year-old victim was raped by her father, the exemplary damages awarded to the victim was increased to P30,000.00. We are adopting this determination and hereby modify the exemplary damages accordingly. | |||||
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2010-09-22 |
PEREZ, J. |
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| These are judicial admissions within the contemplation of Section 4, Rule 129 of the Revised Rules of Court, which provides that "[a]n admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof."[126] | |||||