This case has been cited 1 times or more.
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2015-03-25 |
VILLARAMA, JR., J. |
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| On the award of damages, the trial court was correct in sentencing appellant to suffer the penalty of reclusion perpetua and ordering him to pay P75,000.00 as civil indemnity for the fact of death and P75,000.00 as moral damages, conformably with prevailing jurisprudence.[21] We also find the award of exemplary damages in the amount of P30,000.00 proper due to the presence of the aggravating circumstances of treachery and abuse of superior strength, though these were not alleged in the information. While an aggravating circumstance not specifically alleged in the information (albeit established at trial) cannot be appreciated to increase the criminal liability of the accused, the established presence of one or two aggravating circumstances of any kind or nature entitles the offended party to exemplary damages under Article 2230 of the Civil Code because the requirement of specificity in the information affected only the criminal liability of the accused, not his civil liability.[22] | |||||