This case has been cited 5 times or more.
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2015-10-19 |
PERLAS-BERNABE, J. |
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| One of the circumstances which qualifies the killing to Murder is the existence of treachery. There is treachery when the offender commits any of the crimes against persons, 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.[27] In People v. Gunda,[28] it was explained that when the attack against an unarmed victim is so sudden and unexpected that he had no inkling of what the assailant was about to do, there is treachery.[29] | |||||
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2015-08-05 |
PEREZ, J. |
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| In accordance with prevailing jurisprudence,[49] we affirm the award of P75,000.00 as civil indemnity, increase the award of moral damages to P75,000.00, and reinstate the RTC's award of exemplary damages but increase the amount to 1130,000.00. In line also with jurisprudence,[50] we additionally award temperate damages in the amount of P25,000.00. | |||||
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2015-07-29 |
PEREZ, J. |
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| Article 248 of the Revised Penal Code provides that the penalty for the crime of murder is reclusion perpetua to death. As correctly imposed by the trial court and as affirmed by the Court of Appeals, accused-appellant must suffer the prison term of reclusion perpetua, the lower of the said two indivisible penalties, due to the absence of an aggravating circumstance attending the commission of the crime. Accused-appellant, however, is not eligible for parole pursuant to Section 3 of Republic Act No. 9346 which states that persons convicted of offenses punished with reclusion perpetua, or whose sentence will be reduced to reclusion perpetua by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the Indeterminate Sentence Law, as amended.[19] | |||||
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2014-10-01 |
CARPIO, ACTING C.J. |
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| Consistent with prevailing jurisprudence, the trial court correctly ordered appellant to pay to the heirs of each deceased the amounts of P75,000.00 as civil indemnity and P50,000.00 as moral damages; however, the amount of exemplary damages must be increased to P30,000.00.[41] Exemplary damages are recoverable due to the presence of the qualifying aggravating circumstance of treachery in the commission of the crimes.[42] | |||||
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2014-07-18 |
PEREZ, J. |
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| In addition, interest at the rate of 6% per annum shall be imposed on all damages awarded from date of finality of this judgment until fully paid.[22] | |||||