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PEOPLE v. ELIZER BEDUYA

This case has been cited 6 times or more.

	GR No. 207629 2014-10-22	PEOPLE v. ARNEL VILLALBA Y DURAN LEONARDO-DE CASTRO, J.
As for abuse of superior strength, it is present whenever there is a notorious inequality of forces between the victim and the aggressor, assuming a situation of superiority of strength notoriously advantageous for the aggressor selected or taken advantage of by him in the commission of the crime. The fact that there were two persons who attacked the victim does not per se establish that the crime was committed with abuse of superior strength, there being no proof of the relative strength of the aggressors and the victim. The evidence must establish that the assailants purposely sought the advantage, or that they had the deliberate intent to use this advantage.[34]
	GR No. 199442 2014-04-07	PEOPLE v. FRANCISCO ABAIGAR DEL CASTILLO, J.
As regards the damages awarded, we note that the trial court did not award actual damages. In lieu thereof, the heirs of the victim are entitled to an award of temperate damages in the amount of P25,000.00 "as it cannot be denied that the heirs of the [victim] suffered pecuniary loss although the exact amount was not proved."[12] "This award is adjudicated so that a right which has been violated may be recognized or vindicated, and not for the purpose of indemnification."[13] Exemplary damages must likewise be increased to P30,000.00 in line with prevailing jurisprudence. In addition, all damages awarded shall earn interest at the rate of 6% per annum from finality of this judgment until fully paid.
	GR No. 195525 2014-02-05	PEOPLE v. WILFREDO GUNDA DEL CASTILLO, J.
P50,000.00, however, was correctly awarded by the trial court and the CA.[18] Moreover, we note that the trial court and the CA did not award actual damages. In lieu thereof, we award temperate damages in the amount of P25,000.00 "as it cannot be denied that the heirs of the [victim] suffered pecuniary loss although the exact amount was not proved."[19] "This award is adjudicated so that a right which has been violated may be recognized or vindicated, and not for the purpose of indemnification."[20] In addition, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of this judgment until fully paid.[21]
	GR No. 180281 2013-07-01	PEOPLE v. JOEMARIE JALBONIAN alias “Budo” DEL CASTILLO, J.
Aside from these, moral damages in the sum of P50,000.00 must likewise be awarded "despite the absence of proof of mental and emotional suffering of the victim's heirs. 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."[47] Moreover, while actual damages cannot be awarded since there was no evidence of actual expenses incurred for the death of the victim, in lieu thereof, the sum of P25,000.00 may be granted, as it is hereby granted, by way of temperate damages "as it cannot be denied that the heirs of the [victim] suffered pecuniary loss although the exact amount was not proved."[48] "This award is adjudicated so that a right which has been violated may be recognized or vindicated, and not for the purpose of indemnification."[49] An interest at the legal rate of 6% percent from the finality of this judgment until fully paid should also be awarded to the heirs of the victim.[50]
	GR No. 196434 2012-10-24	PEOPLE v. CHITO NAZARENO ABAD, J.
Two. The CA held that the killing of David should be characterized as one of murder qualified by abuse of superior strength. The Court finds no fault in this ruling. There is abuse of superior strength when the aggressors purposely use excessive force rendering the victim unable to defend himself.[33] The notorious inequality of forces creates an unfair advantage for the aggressor.
	GR No. 175980 2012-02-15	PEOPLE v. ADRIANO CABRILLAS DEL CASTILLO, J.
As regards actual damages, Jesus's daughter Julita testified that they spent P18,500.00 for burial and funeral expenses, though she was unable to present receipts to substantiate her claim. Where the amount of actual damages for funeral expenses cannot be ascertained due to the absence of receipts to prove them, temperate damages in the sum of P25,000.00 may be granted, as it is hereby granted, in lieu thereof.[66] "This award is adjudicated so that a right which has been violated may be recognized or vindicated, and not for the purpose of indemnification."[67]