This case has been cited 2 times or more.
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2010-06-16 |
ABAD, J. |
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| Further, the rule is that an aggravating circumstance, whether ordinary or qualifying, entitles the offended party to exemplary damages within the meaning of Article 2230 of the New Civil Code. Since the offense in this case was attended by a demand for ransom, an award of P100,000.00 in exemplary damages by way of example or correction is in order.[34] | |||||
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2007-04-13 |
CALLEJO, SR., J. |
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| Under Article 2219 (5) of the New Civil Code, moral damages may be recovered in cases of illegal or arbitrary detention or arrest. It has been established that the appellant and his cohorts intentionally bumped the victims' vehicle; they forcibly entered the van; brought the victims to a safehouse; blindfolded them with packaging tapes; threatened them; and demanded ransom in exchange for the victims' freedom. The victims therefore suffered physical and psychological trauma because of their ordeal. There is thus sufficient basis for the award of moral damages.[82] Considering that the Bellosillo children were minors at the time of the commission of the offense, moral damages amounting to P600,000.00 instead of P500,000.00 is proper, and another P100,000.00 for Dianita Bebita. | |||||