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PEOPLE v. CECILIA LAGMAN Y PIRING

This case has been cited 4 times or more.

	GR No. 203066 2015-08-05	PEOPLE v. RODELIO LLOBERA Y OFIZA PEREZ, J.
"The elements of murder that the prosecution must establish are[:] (1) that a person was killed; (2) that the accused killed him or her; (3) that the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the [RPC]; and (4) that the killing is not parricide or infanticide."[30]
	GR No. 191060 2015-02-02	PEOPLE v. TOMAS DIMACUHA DEL CASTILLO, J.
The elements of the crime of murder are: (1) a person was killed; (2) the accused killed him or her; (3) the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code (RPC); and (4) that the killing is not parricide or infanticide.[10] These requisites have been established by the prosecution.
	GR No. 191723 2014-07-23	PEOPLE v. ROLANDO LAS PIÑAS LEONARDO-DE CASTRO, J.
Paragraph 16, Article 14 of the Revised Penal Code defines treachery as the direct employment of means, methods, or forms in the execution of the crime against persons which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make. The essence of treachery is that the attack is deliberate and without warning, done in a swift and unexpected way, affording the hapless, unarmed and unsuspecting victim no chance to resist or escape.[51] In order for treachery to be properly appreciated, two elements must be present: (1) at the time of the attack, the victim was not in a position to defend himself; and (2) the accused consciously and deliberately adopted the particular means, methods, or forms of attack employed by him.[52] These elements are extant in the facts of this case and as testified to by Roger above-quoted.
	GR No. 194629 2014-04-21	PEOPLE v. DANTE DULAY REYES, J.
First, the Court retains the award by the CA of P75,000.00 as moral damages, exemplary damages at P30,000.00 and civil indemnity at P75,000.00 to the heirs of Orlando Legaspi, Sr. (Orlando, Sr.) in conformity with our ruling in People v. Barde.[13] Next, the Court awards moral and exemplary damages to Junior in the amounts of P50,000.00 and P20,000.00, respectively. Furthermore, the Court upholds the CA's award of P115,956.00 as actual damages for the hospital expenses of both Orlando Sr. and Junior. Lastly, the Court imposes an interest of six percent (6%) per annum on the award of civil indemnity and all damages from the date of finality of judgment until fully paid consistent with prevailing jurisprudence.[14]