This case has been cited 2 times or more.
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2011-10-12 |
BRION, J. |
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| In sum, we find no cogent reason not to support the decision of the CA. The appellantis guilty beyond reasonable doubt of the crime of murder and clearly merits the penalty ofreclusion perpetuawith all the accessory penalties provided by law. As for damages, the CA awarded the following amounts: (1) P50,000.00as civil indemnity ex delicto; (2)P50,000.00 as moral damages; and (3)P25,000.00 as temperate damages in lieu of actual damages. To conform to recent jurisprudence,[29] the amounts to be awarded are, as follows: (1) P50,000.00 as civil indemnity;(2)P50,000.00 as moral damages; (3) P30,000.00 as exemplary damages; and (4) P30,000.00 as temperate damages in lieu of actual damages.[30] | |||||
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2011-02-23 |
BRION, J. |
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| In the special complex crime of rape with homicide, both the rape and the homicide must be established beyond reasonable doubt.[4] The prosecution for this crime is particularly difficult since the victim can no longer testify against the perpetrator of the crime.[5] Thus, resort to circumstantial evidence is usually unavoidable.[6] | |||||