This case has been cited 3 times or more.
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2015-02-25 |
PERLAS-BERNABE, J. |
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| Among the qualifying circumstances thus enumerated in Article 248 is treachery. Under Article 14 of the RPC, "[t]here 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 the defense which the offended party might make." In other words, to appreciate treachery, it must be shown that: (a) the means of execution employed gives the victim no opportunity to defend himself or retaliate; and (b) the methods of execution were deliberately or consciously adopted;[31]indeed, treachery cannot be presumed, it must be proven by clear and convincing evidence.[32] | |||||
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2014-01-22 |
LEONARDO-DE CASTRO, J. |
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| Thus, the award of civil indemnity in the amount of P75,000.00[25] is proper. Likewise, the award of temperate damages, in lieu of actual damages, in the amount of P25,000.00[26] is warranted considering that the death of the victim definitely caused his heirs some expenses for his wake and burial though they were not able to present proof. | |||||
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2014-01-15 |
LEONARDO-DE CASTRO, J. |
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| Pursuant to current jurisprudence, the award of civil indemnity in the amount of P75,000.00[29] and exemplary damages in the amount of P30,000.00[30] is correct. The amount of actual damages duly proven in court in the sum of P60,100.00 is likewise upheld. Finally, we impose interest at the rate of 6% per annum on all damages from the date of finality of this ruling until fully paid.[31] | |||||