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PEOPLE v. BENANCIO MORTERA Y BELARMINO

This case has been cited 4 times or more.

	GR No. 189981 2011-03-09	PEOPLE v. ALLAN GABRINO VELASCO JR., J.
In order that incomplete self-defense could prosper as a privileged mitigating circumstance, unlawful aggression must exist. In People v. Manulit,[27] People v. Mortera,[28] and Mendoza v. People,[29] We reiterated the well-settled rule that unlawful aggression is an indispensable requisite in appreciating an incomplete self-defense. It is any one of the two other elements of self-defense that could be wanting in an incomplete self-defense, i.e., reasonable necessity of the means to employed to prevent or repel it; or lack of sufficient provocation on the part of the person defending himself; but it can never be unlawful aggression.[30]
	GR No. 188704 2010-07-07	PEOPLE v. PEDRO ORTIZ MENDOZA, J.
The RTC only awarded P50,000.00 as civil indemnity and another P50,000.00 as moral damages. The Court deems it proper to award exemplary damages in the amount of P30,000.00 following precedents.[20] "Under Article 2230 of the Civil Code, exemplary damages may be awarded in criminal cases when the crime was committed with one or more aggravating circumstances, in this case, treachery. This is intended to serve as deterrent to serious wrongdoings and as vindication of undue sufferings and wanton invasion of the rights of an injured, or as a punishment for those guilty of outrageous conduct. The imposition of exemplary damages is also justified under Article 2229 of the Civil Code in order to set an example for the public good."[21]
	GR No. 188124 2010-06-29	PEOPLE v. JONEL FALABRICA SERENAS PEREZ, J.
As to appellant's pecuniary liability, we find it proper to increase the award of civil indemnity and moral damages to P75,000.00[37] each. The trial court's grant of P23,000.00 as actual damages is increased to P25,000.00, but as temperate damages in line with the ruling in People v. Villanueva.[38] We uphold the grant of P20,000.00 as attorney's fees, with the victim's mother having hired a private prosecutor to prosecute the case.[39] We increase the award of exemplary damages to P30,000.00 in line with recent jurisprudence.[40]
	GR No. 186128 2010-06-23	PEOPLE v. SUSAN LATOSA Y CHICO VILLARAMA, JR., J.
One last note. On the matter of damages, the CA awarded exemplary damages in the amount of P25,000.00. We increase the award to P30,000.00 in light of prevailing jurisprudence[33] fixing the award of exemplary damages to said amount.