This case has been cited 2 times or more.
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2015-09-02 |
MENDOZA, J. |
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| The requisite of reasonable necessity of the means employed is met if the person invoking self-defense used a weapon or a manner equivalent to the means of attack used by the aggressor. The reasonable necessity of the self-defense utilized by an accused is to defend himself "depends upon the nature or quality of the weapon, the physical condition, the character, the size and other circumstances of the aggressor; as well as those of the person who invokes self-defense; and also the place and the occasion of the assault."[22] Moreover, the nature and location of wounds are considered important indicators whether or not to disprove a plea of self-defense.[23] | |||||
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2015-07-29 |
PEREZ, J. |
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| Anent the award of damages, the amount of civil indemnity must be increased to P75,000.00, and exemplary damages to P30,000.00 in line with prevailing jurisprudence.[20] The award of moral damages in the amount of P75,000.00[21] is also proper in view of the recognized fact that death invariably and necessarily brings about emotional pain and anguish on the part of the victim’s family.[22] Since the RTC and the Court of Appeals did not award actual damages, we award temperate damages in the amount of P25,000.00 as it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved.[23] In addition, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of this judgment until fully paid.[24] | |||||