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GR No. 190322

2014-11-26

DEL CASTILLO, J.

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.

GR No.178115

2014-07-28

PEOPLE OF PIDLIPPINES v. JOJO SUMILIDG

DEL CASTILLO, J.

For the murders of Cresjoy and Rolly, the CA correctly held that their heirs are entitled to an award of civil indemnity, however, the amount of the award must be P75,000.00 for each death pursuant to prevailing jurisprudence.[33]The awards of moral damages in the amount of P50,000.00 each and exemplary damages in the amount of P30,000.00 each are proper.[34] In addition, the heirs of the victims are entitled to temperate damages in the sum of P25,000.00 for each death in lieu of actual damages.[35]

GR No. 198110

2013-07-31

PEOPLE v. WILSON ROMAN

REYES, J.

In People v. Asis,[54] this Court held:When death occurs due to a crime, the following may be awarded: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; and (5) temperate damages.

GR No. 180281

2013-07-01

PEOPLE v. JOEMARIE JALBONIAN alias “Budo”

DEL CASTILLO, J.

Appellant must indemnify the heirs of the victim since death resulted from the crime. The heirs of the victim are entitled to an award of civil indemnity in the amount of P75,000.00, which is mandatory and is granted without need of evidence other than the commission of the crime.[45] Hence, we increase the award for civil indemnity made by the trial court and affirmed by the CA from P50,000.00 to P75,000.00. Also, while the CA correctly ordered appellant to pay the heirs of the victim exemplary damages, the amount awarded must be increased from P25,000.00 to P30,000.00 in line with current jurisprudence.[46]

GR No. 188612

2012-07-30

PEOPLE v. DIOSDADO CAMAT

LEONARDO-DE CASTRO, J.

Indeed, minor inconsistencies in the narration of facts by the witnesses do not detract from their essential credibility as long as their testimonies on the whole are coherent and intrinsically believable.[25] In fact, this Court had previously held that trivial inconsistencies do not rock the pedestal upon which the credibility of the witnesses rests but enhances credibility as they manifest spontaneity and lack of scheming.[26] Jurisprudence even warns against a perfect dovetailing of narration by different witnesses as it could mean that their testimonies were prefabricated and rehearsed.[27]

GR No. 188322

2012-04-11

PEOPLE v. JOSEPH ASILAN Y TABORNAL

LEONARDO-DE CASTRO, J.

Pursuant to prevailing jurisprudence,[54] this Court is increasing the award of civil indemnity from Fifty Thousand Pesos (P50,000.00) to Seventy-Five Thousand Pesos (P75,000.00), and the moral damages from Twenty-Five Thousand Pesos (P25,000.00) to Fifty Thousand Pesos (P50,000.00). Moreover, in view of the presence of the qualifying circumstance of treachery, an additional award of Thirty Thousand Pesos (P30,000.00), as exemplary damages, in accordance with Article 2230 of the Civil Code,[55] should be awarded to the heirs of Adovas.[56]

GR No. 175980

2012-02-15

PEOPLE v. ADRIANO CABRILLAS

DEL CASTILLO, J.

As to the award of damages, the heirs are entitled to the following awards when death occurs due to a crime: "(1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; and, (5) temperate damages."[61]

GR No. 179497

2012-01-25

PEOPLE v. RENANDANG MAMARUNCAS

DEL CASTILLO, J.

The Court sustains the award of exemplary damages in view of the proven qualifying circumstance of treachery. The CA however awarded exemplary damages to the heirs of the victim in the amount of P25,000.00. To conform with prevailing jurisprudence, the Court increases this amount to P30,000.00.[47]

GR No. 177751

2011-12-14

PEOPLE v. EDDIE AGACER

DEL CASTILLO, J.

For the victim's death resulting from the crime, the heirs are entitled to the following awards: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; and (5) temperate damages. [47]

GR No. 184960

2011-08-24

PEOPLE v. CLEOFE BAROQUILLO Y VILLANUEVA

LEONARDO-DE CASTRO, J.

Pursuant to prevailing jurisprudence,[63] this Court is increasing the award of civil indemnity from Fifty Thousand Pesos (P50,000.00) to Seventy-Five Thousand Pesos (P75,000.00). Both the RTC and the Court of Appeals failed to award exemplary damages to the heirs of the victim. In view of the presence of the qualifying aggravating circumstance of treachery, the award of exemplary damages in the amount of Thirty Thousand Pesos (P30,000.00) in accordance with Article 2230 of the Civil Code,[64] is in order.[65]

GR No. 176061

2011-07-04

PEOPLE v. BINGKY CAMPOS

DEL CASTILLO, J.

Significantly, both lower courts failed to award exemplary and actual damages to the heirs of the victim. Exemplary damages should be awarded in accordance with Article 2230 [39] of the Civil Code given the presence of treachery which qualified the killing to murder. We therefore award the amount of P30,000.00 as exemplary damages to the heirs of the victim. [40]

	GR No. 190322 2014-11-26	PEOPLE v. VIRGILIO AMORA Y VISCARRA DEL CASTILLO, J.
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.
	GR No.178115 2014-07-28	PEOPLE OF PIDLIPPINES v. JOJO SUMILIDG DEL CASTILLO, J.
For the murders of Cresjoy and Rolly, the CA correctly held that their heirs are entitled to an award of civil indemnity, however, the amount of the award must be P75,000.00 for each death pursuant to prevailing jurisprudence.[33]The awards of moral damages in the amount of P50,000.00 each and exemplary damages in the amount of P30,000.00 each are proper.[34] In addition, the heirs of the victims are entitled to temperate damages in the sum of P25,000.00 for each death in lieu of actual damages.[35]
	GR No. 198110 2013-07-31	PEOPLE v. WILSON ROMAN REYES, J.
In People v. Asis,[54] this Court held:When death occurs due to a crime, the following may be awarded: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; and (5) temperate damages.
	GR No. 180281 2013-07-01	PEOPLE v. JOEMARIE JALBONIAN alias “Budo” DEL CASTILLO, J.
Appellant must indemnify the heirs of the victim since death resulted from the crime. The heirs of the victim are entitled to an award of civil indemnity in the amount of P75,000.00, which is mandatory and is granted without need of evidence other than the commission of the crime.[45] Hence, we increase the award for civil indemnity made by the trial court and affirmed by the CA from P50,000.00 to P75,000.00. Also, while the CA correctly ordered appellant to pay the heirs of the victim exemplary damages, the amount awarded must be increased from P25,000.00 to P30,000.00 in line with current jurisprudence.[46]
	GR No. 188612 2012-07-30	PEOPLE v. DIOSDADO CAMAT LEONARDO-DE CASTRO, J.
Indeed, minor inconsistencies in the narration of facts by the witnesses do not detract from their essential credibility as long as their testimonies on the whole are coherent and intrinsically believable.[25] In fact, this Court had previously held that trivial inconsistencies do not rock the pedestal upon which the credibility of the witnesses rests but enhances credibility as they manifest spontaneity and lack of scheming.[26] Jurisprudence even warns against a perfect dovetailing of narration by different witnesses as it could mean that their testimonies were prefabricated and rehearsed.[27]
	GR No. 188322 2012-04-11	PEOPLE v. JOSEPH ASILAN Y TABORNAL LEONARDO-DE CASTRO, J.
Pursuant to prevailing jurisprudence,[54] this Court is increasing the award of civil indemnity from Fifty Thousand Pesos (P50,000.00) to Seventy-Five Thousand Pesos (P75,000.00), and the moral damages from Twenty-Five Thousand Pesos (P25,000.00) to Fifty Thousand Pesos (P50,000.00). Moreover, in view of the presence of the qualifying circumstance of treachery, an additional award of Thirty Thousand Pesos (P30,000.00), as exemplary damages, in accordance with Article 2230 of the Civil Code,[55] should be awarded to the heirs of Adovas.[56]
	GR No. 175980 2012-02-15	PEOPLE v. ADRIANO CABRILLAS DEL CASTILLO, J.
As to the award of damages, the heirs are entitled to the following awards when death occurs due to a crime: "(1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; and, (5) temperate damages."[61]
	GR No. 179497 2012-01-25	PEOPLE v. RENANDANG MAMARUNCAS DEL CASTILLO, J.
The Court sustains the award of exemplary damages in view of the proven qualifying circumstance of treachery. The CA however awarded exemplary damages to the heirs of the victim in the amount of P25,000.00. To conform with prevailing jurisprudence, the Court increases this amount to P30,000.00.[47]
	GR No. 177751 2011-12-14	PEOPLE v. EDDIE AGACER DEL CASTILLO, J.
For the victim's death resulting from the crime, the heirs are entitled to the following awards: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; and (5) temperate damages. [47]
	GR No. 184960 2011-08-24	PEOPLE v. CLEOFE BAROQUILLO Y VILLANUEVA LEONARDO-DE CASTRO, J.
Pursuant to prevailing jurisprudence,[63] this Court is increasing the award of civil indemnity from Fifty Thousand Pesos (P50,000.00) to Seventy-Five Thousand Pesos (P75,000.00). Both the RTC and the Court of Appeals failed to award exemplary damages to the heirs of the victim. In view of the presence of the qualifying aggravating circumstance of treachery, the award of exemplary damages in the amount of Thirty Thousand Pesos (P30,000.00) in accordance with Article 2230 of the Civil Code,[64] is in order.[65]
	GR No. 176061 2011-07-04	PEOPLE v. BINGKY CAMPOS DEL CASTILLO, J.
Significantly, both lower courts failed to award exemplary and actual damages to the heirs of the victim. Exemplary damages should be awarded in accordance with Article 2230 [39] of the Civil Code given the presence of treachery which qualified the killing to murder. We therefore award the amount of P30,000.00 as exemplary damages to the heirs of the victim. [40]

PEOPLE v. ROBERTO ASIS