This case has been cited 9 times or more.
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2015-02-09 |
PEREZ, J. |
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| We likewise affirm the CA's award of P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P30,000.00 as exemplary damages to the victim's heirs, as these amounts are consistent with current jurisprudence.[15] In addition, we impose on all the monetary awards for damages interest at the legal rate of six percent (6%) per annum from date of finality of the resolution until fully paid.[16] | |||||
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2014-11-26 |
DEL CASTILLO, J. |
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| With regard to the award of civil indemnity ex delicto, the same must be increased from P50,000.00 to P75,000.00 in line with prevailing jurisprudence.[23] Civil indemnity is mandatory and is granted without need of evidence other than the commission of the crime.[24] We uphold the CA in awarding moral damages to the heirs of Romeo in the amount of P50,000.00. "As borne out by human nature and experience, a violent death invariably and necessarily brings about emotional pain and anguish on the part of the victim's family."[25] We likewise award exemplary damages in the amount of P30,000.00 since the qualifying circumstance of treachery was proven by the prosecution. When a crime is committed with an aggravating circumstance, whether qualifying or generic, an award of exemplary damages is justified under Article 2230 of the New Civil Code.[26] The CA however erred in awarding temperate damages in lieu of actual damages in the amount of P25,000.00. Records show that the RTC already awarded the heirs of the victim actual damages consisting of P16,770.69 as medical expenses and P35,000.00 as funeral expenses. These expenses were fully supported by receipts. | |||||
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2014-10-13 |
LEONARDO-DE CASTRO, J. |
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| As to the proper monetary awards imposable for the crime charged, modifications must be made herein. The award of P100,000.00 each as civil indemnity and moral damages is proper to conform with current jurisprudence. [59] | |||||
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2014-07-23 |
LEONARDO-DE CASTRO, J. |
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| In Criminal Case Nos. 2001-5446 to 5448 (for three counts of Murder), the RTC awarded in each case the amounts of P50,000.00 as civil indemnity and P30,000.00 as moral damages to the victims' heirs. But to conform to recent jurisprudence, the foregoing awards must be raised as follows: P75,000.00 as civil indemnity, and another P75,000.00 as moral damages.[63] The Court notes, however, that both the RTC and the Court of Appeals overlooked the award of exemplary damages. When a crime is committed with an aggravating circumstance either as qualifying or generic, an award of exemplary damages is justified under Article 2230 of the Civil Code.[64] Thus, conformably with the above, the legal heirs of each victim are also entitled to an award of exemplary damages in the amount of P30,000.00.[65] | |||||
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2012-03-20 |
PERALTA, J. |
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| Murder under Article 248 of the Revised Penal Code is defined as the unlawful killing of a person, which is not parricide or infanticide, attended by circumstances such as treachery or evident premeditation. The presence of any one of the circumstances enumerated in Article 248 of the Code is sufficient to qualify a killing as murder.[19] | |||||
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2012-02-15 |
DEL CASTILLO, J. |
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| Besides, it is the victim himself who pointed to Benny as one of his assailants. Such statement of Jesus before his death is a dying declaration that is admissible in evidence against Benny.[56] "A dying declaration is an evidence of the highest order; it is entitled to the utmost credence on the premise that no x x x person who knows of his impending death would make a careless and false accusation. At the brink of death, all thoughts on concocting lies disappear."[57] | |||||
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2011-12-14 |
DEL CASTILLO, J. |
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| "There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from any defense which the offended party might make." [31] Two conditions must concur for treachery to be appreciated. First, is the employment of means of execution that gives the person attacked no opportunity to defend himself or to retaliate. Second, the means of execution was deliberate or consciously adopted. [32] "The essence of treachery is the sudden attack by an aggressor without the slightest provocation on the part of the victim, depriving the latter of any real chance to defend himself, thereby ensuring the commission of the crime without risk to the aggressor." [33] | |||||
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2010-09-22 |
PEREZ, J. |
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| As to damages. Article 2206 of the Civil Code provides that when death occurs as a result of a crime, the heirs of the deceased are entitled to be indemnified for the death of the victim without need of any evidence or proof thereof.[82] Moral damages like civil indemnity, is also mandatory upon the finding of the fact of murder.[83] To conform with recent jurisprudence on heinous crimes where the proper imposable penalty is death, if not for Republic Act No. 9346, the award of civil indemnity and moral damages to the heirs of each of the deceased victims are both increased to P75,000.00 each.[84] | |||||
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2010-09-15 |
DEL CASTILLO, J. |
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| In line with prevailing jurisprudence, we award the fixed amount of P75,000.00 for the death of the victim[39] as civil indemnity ex delicto without any need of proof other than the commission of the crime. An award of moral damages is also in order even though the prosecution did not present any proof of the heirs' emotional suffering apart from the fact of death of the victim, since the emotional wounds from the vicious killing of the victim cannot be denied.[40] The award of P75,000.00 is proper pursuant to established jurisprudence. | |||||