FIRST DIVISION
[G.R. Nos. 147674-75. March 17, 2004]
PEOPLE OF THE PHILIPPINE, app appell ellee ee,, OP#R!N, appellant .
vs.. vs
!N!"ITO
$E"IION $!%I$E, &R., C.J .' .'
Appellant Appellant Anacito Anacito Opuran was charged with two counts of murder before the Region Regional al Trial Trial Court Court of Catbalo Catbalogan gan Samar Samar !ranch "# for the death death of Demetrio Demetrio $atrimonio %r& and Allan Dacles under separate informations the accusator' portions of which respecti(el' read)
Criminal Case No. 4693 That on or about November November 19, 1998, at nighttime, nighttime, at Km. 1, South Road, Road, uni!i"alit# o$ Catbalogan, %rovin!e o$ Samar, %hili""ines, and &ithin the 'urisdi!tion o$ this (onorable (onorable Court, said a!!used, &ith &ith deliberate intent to )ill and trea!her#, did, then and there &ill$ull#, &ill$ull#, unla&$ull#, unla&$ull#, and $eloniousl# atta!), assault and stab *emetrio %atrimonio, +r., +r., &ith the use o$ a bladed &ea"on - long $rom ti" to handle &ith s!abbard/, thereb# in$li!ting u"on the vi!tim $atal stab &ounds on the ba!) o$ his bod#, bod#, &hi!h &ounds &ounds resulted to his instantaneous instantaneous death. 0ll !ontrar# to la&, and and &ith attendant uali$#ing !ir!umstan!e o$ trea!her#.
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Criminal Case No. 423 That on or about November November 19, 1998, at nighttime, nighttime, at %uro) 3, aranga# 2, uni!i"alit# o$ Catbalogan, %rovin!e o$ Samar, %hili""ines, and &ithin the 'urisdi!tion o$ this (onorable Court, said a!!used, a!!used, &ith deliberate intent intent to )ill, &ith trea!her#, did, did, then and there, &ill$ull#, unla&$ull# unla&$ull# and $eloniousl# atta!), assault and stab one 0llan *a!les, &ho &as l#ing on the ben!h, &ith the use o$ a bladed &ea"on, lo!all# )no&n as 5 pisao, thereb# thereb# in$li!ting u"on the vi!tim $atal stab &ounds on o n the di$$erent "arts o$ his bod#, &hi!h &hi!h &ounds resulted to his instantaneous death. 0ll !ontrar# to la&, and and &ith attendant uali$#ing !ir!umstan!e o$ trea!her#.
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After Anacito entered a plea of not guilt' at his arraignment trial ensued&
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The e(idence for the prosecution discloses that on +# No(ember +##. at about /)-0 p&m& prosecution witness !ambi 1errera was stud'ing his lessons inside his house& 1is brother and a certain %ason 2asbang were outside sitting side b' side with each other on a plastic chair3 opposite them was Allan Dacles who was l'ing on a bench& *4,
2oments later %ason barged into !ambi5s house shouting) 6There5s a long7haired man89 !ambi stood up and loo:ed through the open door& 1e saw appellant Anacito Opuran stab Allan on the chest with a :nife while the latter appeared to be tr'ing to stand up from the bench& Although Allan had se(eral stab wounds on different parts of his bod' he managed to stand up and run inside !ambi5s house with Anacito chasing him& !ambi immediatel' loc:ed the door from the inside to pre(ent Anacito from entering& !ut the latter tried to force the door open b' thrusting a :nife at the door shutter& 1e also threw stones at the door& After a short while Anacito left& *;,
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At about =)4; p&m& of the same da' prosecution witness Tomas !acsal %r& of !aranga' San $ablo Catbalogan Samar was in the house of Demetrio $atrimonio Sr& see:ing medical ad(ice from the latter5s wife&
After about fifteen minutes while Tomas was on his wa' home he saw Demetrio $atrimonio %r& 1e li:ewise noticed Anacito hiding in a dar: place&
Tomas immediatel' ran to the house of the Demetrios to inform them of what he had >ust witnessed& 1e then saw Demetrio %r& running towards his parents5 house but the latter did not ma:e it because he collapsed near the fence& Tomas also caught sight of Anacito running towards the direction of the house of the Opurans& 2eanwhile Demetrio %r& was brought b' his parents to the Samar $ro(incial 1ospital where he died the following da'& *+0,
Dr& Angel Tan 2edical Specialist II of the Samar $ro(incial 1ospital conducted an autops' on the cada(ers of Allan and Demetrio %r& 1e found fi(e stab wounds on Allan5s bod' one of which was fatal because it affected the upper lobe of the right lung and bronchial (essel& Demetrio %r& sustained four stab wounds and died of pulmonar' failure due to hypovolemia from e?ternal and internal hemorrhage& *++,
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For its part the defense presented as its first witness the appellant himself Anacito Opuran& 1e declared that on the e(ening of +# No(ember +##. he was resting in their house in Canlapwas another baranga' in Catbalogan Samar& 1e ne(er went out that night&
Subse@uent hearings were postponed owing principall' to the failure of the defense to present witnesses& Then on +/ Februar' "000 the defense mo(ed for the suspension of the hearing on the following grounds) +B on +0 %anuar' "000 upon motion of the defense the trial court issued an Order authoriing the ps'chiatric e?amination of Anacito3 "B in consonance with that Order Anacito underwent a ps'chiatric e?amination on "/ %anuar' "000 conducted b' Dr& Angel $& Tan3 -B Dr& Tan issued a 2edical Certificate dated "/ %anuar' "000 stating that Anacito had a 6normal9 mental status on that date but was 6suffering from some degree of 2ental Aberration9 which re@uired further ps'chiatric e(aluation at Tacloban Cit'& *+4,
The trial court thus ordered a deferment of the hearing and granted the motion for the ps'chiatric e?amination of Anacito at the astern Visa'as Regional 2edical Center VR2CB Tacloban Cit'& *+;,
On - August "000 the trial court recei(ed the 2edical Report of Dr& E'n Verona ph'sician7ps'chiatrist of the VR2C on the ps'chiatric e?amination she conducted on Anacito& At the resumption of the hearings on "0 No(ember "000 Dr& Verona testified that she e?amined Anacito three times through inter(iews& From her inter(iew with Anacito5s sister Remedios Opuran 2an>eron she learned of Anacito5s ps'chiatric histor' of 6inabilit' to sleep and tal:ing irrele(antl'&9 She found that Anacito had a ps'chotic disorder characteried b' flight of ideas and auditor' hallucinations& She confirmed her medical findings that Anacito was ps'chotic before and during the commission of the crime and e(en up to the present so that he could not stand trial and would need treatment and monthl' chec:7up& 1er diagnosis was that Anacito was suffering from schiophrenia& *+/,
Remedios Opuran 2an>eron testified that she brought his brother Anacito to the National Center for 2ental 1ealth NC21B 2andalu'ong in +#./ because Anacito had difficult' sleeping and was tal:ing 6irrele(antl'&9 Anacito was treated as an out7 patient and was prescribed thoraine and e(ad'ne& The' sta'ed in 2anila for one month& In +#.# the' returned to the NC21 and Anacito was prescribed the same medicine& Since the' could not afford to sta' long in 2anila for follow7up treatments Remedios re@uested that her brother be treated in Catbalogan& Dr& !elmonte of the NC21 howe(er referred them to the VR2C& Sometime in +##0 Remedios accompanied Anacito to the VR2C for e?amination& A certain Dra& $eregrino prescribed an in>ectable medicine& !ut it was a certain Dr& strada of the NC21 who *+=,
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came to Catbalogan to administer the medicine in that same 'ear& Since then until the 'ear "000 Anacito did not ta:e an' medicine nor was he sub>ected to e?amination or treatment& *+#,
Anacito5s other sibling Francisco Opuran testified that at about /)00 p&m& of +# No(ember +##. he heard a loud (oice outside their house& Anacito heard also the loud (oices and then went out&
In its decision of "- %anuar' "00+ the trial court found Anacito guilt' of murder for the death of Demetrio $atrimonio %r& and homicide for the death of Allan Dacles& It decreed) *"+,
7(R:R, the Court inds 0na!ito :"uran # alibalita GUILTY be#ond reasonable doubt o$ the !rimes s"e!i$ied hereunder, to ⁢ urder, in Criminal Case No. 4693, and senten!es him to the "enalt# o$ re!lusion "er"etua, to indemni$# the heirs o$ *emetrio %atrimonio, +r. in the amount o$%-,. "lus %43,-. b# &a# o$ a!tual damages, and to "a # the !osts< and (omi!ide, in Criminal Case No. 423, and, a""l#ing the =ndeterminate Senten!e >a&, senten!es him to su$$er an im"risonment ranging $rom ten 1/ #ears o$ "rision ma#or, as minimum, to seventeen 12/ #ears and $our 4/ months o$ re!lusion tem"oral, as ma?imum to indemni$# the heirs o$ 0llan *a!les in the amount o$%-,. "lus %1,. $or burial e?"enses and to "a# the !osts. Anacito seasonabl' appealed to us from the decision attributing to the trial court gra(e error in disregarding the e?empting circumstance of insanit'& 1e contends that he was suffering from a ps'chotic disorder and was therefore completel' depri(ed of intelligence when he stabbed the (ictims& (en assuming in gratis argumenti that he is criminall' liable he is entitled to the mitigating circumstance under paragraph # Article +- of the Re(ised $enal Code which is 6illness as would diminish the e?ercise of the willpower of the offender without howe(er depri(ing him of the consciousness of his acts&9 1e li:ewise maintains that since treacher' was not specificall' alleged in the Information as a @ualif'ing circumstance he cannot be con(icted of murder for the death of Demetrio %r& *"",
The Office of the Solicitor eneral OSB disagrees and a(ers that Anacito failed to establish with the re@uired proof his defense of insanit' or his claim of the mitigating circumstance of diminished willpower& The mental state of Anacito as testified to b' Dr& Verona corresponds to the period after the stabbing incidents& Further Dr& Verona was certain that Anacito was not grossl' insane but she was uncertain that Anacito was 6unconscious9 at the time he stabbed the two (ictims& The OS also argues that
treacher' was dul' alleged and pro(ed b' the prosecution and should therefore be treated as a @ualif'ing circumstance in the :illing of Demetrio %r& udgment& In the determination of the culpabilit' of e(er' criminal actor (oluntariness is an essential element&
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1e who pleads the e?empting circumstance of insanit' bears the burden of pro(ing it for insanit' as a defense is in the nature of confession and a(oidance& An accused in(o:ing insanit' admits to ha(e committed the crime but claims that he is not guilt' because he is insane& The testimon' or proof of an accusedGs insanit' must howe(er relate to the time immediatel' preceding or coetaneous with the commission of the offense with which he is charged& It is therefore incumbent upon accused5s counsel to pro(e that his client was not in his right mind or was under the influence of a sudden attac: of insanit' immediatel' before or at the time he e?ecuted the act attributed to him& *".,
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Since insanit' is a condition of the mind it is not susceptible of the usual means of proof& As no man can :now what is going on in the mind of another the state or condition of a personGs mind can onl' be measured and >udged b' his beha(ior& Thus the (agaries of the mind can onl' be :nown b' outward acts b' means of which we read the thoughts moti(es and emotions of a person and then determine whether the acts conform to the practice of people of sound mind& *-",
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Insanit' is e(inced b' a deranged and per(erted condition of the mental faculties which is manifested in language and conduct& 1owe(er not e(er' aberration of the mind or mental deficienc' constitutes insanit'& As consistentl' held b' us 6A man ma' act cra' but it does not necessaril' and conclusi(el' pro(e that he is legall' so&9 Thus we had pre(iousl' decreed as insufficient or inconclusi(e proof of insanit' certain strange beha(ior such as ta:ing +"0 cubic centimeters of cough s'rup and consuming three stic:s of mari>uana before raping the (ictim3 slurping the (ictim5s blood and attempting to commit suicide after stabbing him3 cr'ing swimming in the ri(er with clothes on and >umping off a >eepne'& *-4,
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The stringent standard established in People v. Formigones re@uires that there be a complete depri(ation of intelligence in committing the act i.e& the accused acted without the least discernment because of a complete absence of the power to discern or a total depri(ation of the will& *40,
In People v. Rafanan, r & we anal'ed the Formigones standard into two distinguishable tests) aB the test of cognition H whether there was a 6complete depri(ation of intelligence in committing the criminal act9 and bB the test of (olition H whether there was a 6total depri(ation of freedom of the will&9
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stablishing the insanit' of an accused often re@uires opinion testimon' which ma' be gi(en b' a witness who is intimatel' ac@uainted with the accused3 has rational basis to conclude that the accused was insane based on his own perception3 or is @ualified as an e?pert such as a ps'chiatrist& *4-,
Eet us e?amine the e(idence offered to support Anacito5s defense of insanit'& The appellant points to the testimon' of prosecution witness !ambi 1errera that Anacito was a silent man who would sharpl' stare at the lad' boarders a few da's before the stabbing incident and would wear !arong "agalog and long pants when there was no occasion re@uiring a formal attire& The appellant also highlights that the testimon' of prosecution witness Tomas !acsal %r& that there was a +;7minute time inter(al between the two stabbing incidents shows that the stabbing spree was without an' :nown moti(e& *44,
The testimonial e(idence of the defense also attempted to pro(e the alleged beha(ioral oddit' of Anacito two to three da's prior to the :illing& 1is sister Remedios noticed that his e'es were reddish and that he was angr' with her& 1is brother Francisco also obser(ed that he AnacitoB would sometimes tal: to himself laugh shout and utter bad words and at times he was >ust @uiet& Also relied upon b' the appellant are the testimon' of Remedios on his ps'chiatric histor' and the e?pert testimon' of the VR2C ps'chiatrist Dr& Verona& *4;,
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A careful scrutin' of the records howe(er indicates that Anacito failed to pro(e b' clear and con(incing e(idence the defense of insanit'& For one thing it was onl' !ambi5s personal perception that there was no reason or occasion for Anacito to wear !arong "agalog & Tested against the stringent criterion for insanit' to be e?empting such deportment of Anacito his occasional silence and his acts of laughing tal:ing to himself staring sharpl' and stabbing his (ictims within a +;7minute inter(al are not sufficient proof that he was insane immediatel' before or at the time he committed the crimes& Such unusual beha(ior ma' be considered as mere abnormalit' of the mental faculties which will not e?clude imputabilit'& *4=,
Anacito5s ps'chiatric histor' li:ewise fails to meet the stringent 'ardstic: established b' case law& ectable medicine to remed' 6his lac: of sleep and noisiness&9 As the trial court noted it was ne(er shown that these drugs were for a mental illness that depri(ed Anacito of reason& Further Anacito was >ust an out7patient at the NC21 VR2C and Samar $ro(incial 1ospital&
confinement of Anacito and that the doctors did not refuse her the fact remains that Anacito was ne(er confined in a mental institution& Although Dr& Verona testified that there was a recommendation for Anacito5s confinement there was no indication in the records as to when the recommendation was made who made the recommendation and the reason for the recommendation& *4.,
At an' rate in People v. $egaspi we discarded the confinement of the accused at the NC21 prior to the incident in @uestion to be b' itself proof of his insanit' there being no proof that he was ad>udged insane b' the institute& Appl'ing this principle to Anacito5s case we find another cogent reason to re>ect his plea of insanit'& *4#,
The records are li:ewise clear that Anacito was not sub>ected to treatment from +##+ until +###& ail&9 It seems that it was onl' after the stabbing incident when he was in >ail that his s'mptoms reappeared& *;0,
2oreo(er as found b' the trial court the results of Dr& Verona5s e?aminations on Anacito were based on incomplete or insufficient facts& For one thing she admitted to ha(e e?amined Anacito for onl' three sessions lasting one to two hours each& 1er one7 page medical report reads in part) *;+,
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%atient !ame in a!!om"anied b# "oli!emen and sister. (e &as $airl# )em"t in a""earan!e, &earing blue shirt and "ants. esomor"hi!, dar) !om"le?ion &ith earring on the le$t ear. (ad $light o$ ideas, &ith auditor# hallu!ination, @)abastosan, @)anan #a&a. (e $urther said his slee" &as @minano) and !om"lained o$ o!!asional heada!he. (e had no delusion. +udgment and insight $air. air im"ulse !ontrol. Comments; rom the $oregoing intervie&s and e?aminations, it is determined that the "atient has a "s#!hiatri! disorder. =t is most li)el# that the "atient is "s#!hoti! be$ore and during the !ommission o$ the !rime. (e is "resentl# "s#!hoti! and !annot stand trial. (e &ould need treatment and monthl# !he!)Au".
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Trul' there is nothing that can be discerned from Dr& Verona5s short ps'chiatric e(aluation report and her testimon' that Anacito5s >udgment and mental faculties were
totall' impaired as to warrant a conclusion that his mental condition in +##. when he :illed his (ictims was the same in "000 when he was ps'chiatricall' e?amined& The most that we can conclude is that her findings refer to the period after the stabbing accident and hence would pro(e Anacito5s mental condition onl' for said time& It could be that Anacito was insane at the time he was e?amined b' Dr& Verona& !ut in all probabilit' insanit' could ha(e been contracted during the period of his detention pending trial& 1e was without contact with friends and relati(es most of the time& 1e was perhaps troubled b' his conscience b' the realiation of the gra(it' of his offenses or b' the thought of a blea: future for him& The confluence of these circumstances ma' ha(e conspired to disrupt his mental e@uilibrium& It must be stressed that an in@uir' into the mental state of an accused should relate to the period immediatel' before or at the precise moment of the commission of the act which is the sub>ect of the in@uir'& 1is mental condition after that crucial period or during the trial is inconse@uential for purposes of determining his criminal liabilit'& *;/,
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Interestingl' Anacito failed to raise insanit' at the earliest opportunit'& 1e in(o:ed it for the first time in the 'ear "000 and onl' after he had alread' testified on his defenses of alibi and denial& It has been held that the in(ocation of denial and alibi as defenses indicates that the accused was in full control of his mental faculties& Additionall' the trial >udge obser(ed that during the hearings Anacito was attenti(e well7beha(ed and responsi(e to the @uestions propounded to him& Thus the shift in theor' from denial and alibi to a plea of insanit' made apparentl' after the appellant realied the futilit' of his earlier defenses is a clear indication that insanit' is a mere concoction or an afterthought& In an' e(ent Anacito failed to establish b' con(incing e(idence his alleged insanit' at the time he :illed Demetrio %r& and Allan Dacles& 1e is thus presumed sane and we are constrained to affirm his con(iction& *;.,
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ect the alternati(e plea of Anacito that he be credited with the mitigating circumstance of diminished willpower& In the cases where we credited this mitigating circumstance after re>ecting a plea of insanit' it was clear from the records that the accused had been suffering from a chronic mental disease that affected his intelligence and willpower for @uite a number of 'ears prior to the commission of the act he was being held for& The situation does not e?ist in the cases at bar& It was onl' in "000 that Anacito was diagnosed as 6ps'chotic9 with flight of ideas and auditor' hallucinations and was found to be schiophrenic& There is nothing on record that he had these s'mptoms the pre(ious 'ears or at the time he stabbed the (ictim& Curiousl' Dr& Verona did not ma:e a diagnosis of schiophrenia in her report onl' at the witness stand& */",
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Treacher' was correctl' appreciated in the :illing of Demetrio %r& Anacito was l'ing in wait for his (ictim in a dar: place at the national highwa'&
se(eral times& Anacito5s attac: came without warning3 it was deliberate and une?pected affording the hapless unarmed and unsuspecting (ictim no opportunit' to resist or defend himself& */;,
urisprudence& */=,
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As to the burial e?penses for Allan his father Alfredo Dacles testified that he spent $+0000& 1owe(er he failed to present receipts to substantiate his claim& Ne(ertheless we also grant temperate damages in the amount of $+0000 on the ground that it was reasonable to e?pect that the famil' of the (ictim incurred e?penses for the coffin wa:e and burial& The award of ci(il indemnit' of $;0000 for the respecti(e heirs of Demetrio %r& and Allan is affirmed in line with recent >urisprudence& Ci(il indemnit' is mandator' and is granted to the heirs of the (ictim without need of proof other than the commission of the crime& *=+,
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Apart from the ci(il indemnit' we shall award in fa(or of the heirs of each (ictim moral damages in the amount of $;0000 consistent with controlling case law& 2oral damages are awarded despite the absence of proof of mental and emotional suffering of the (ictim5s heirs& As borne out b' human nature and e?perience a (iolent death in(ariabl' and necessaril' brings about emotional pain and anguish on the part of the (ictim5s famil'& *=-,
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Thus Anacito shall indemnif' the heirs of Demetrio $atrimonio %r& damages in the total amount of $+/+#4; and the heirs of Allan damages in the total amount of $++0000& (HEREFORE we AFFIR2 with modifications as to the damages the Decision of the Regional Trial Court of Catbalogan Samar !ranch "# finding appellant Anacito Opuran guilt' of the crimes of murder in Criminal Case No& 4/#- and homicide in Criminal Case No& 4=0- and sentencing him to suffer reclusion perpetua and an indeterminate penalt' of ten +0B 'ears of prision mayor as minimum to se(enteen +=B 'ears and four 4B months of reclusion temporal as ma?imum respecti(el'& Apart from the $;0000 ci(il indemnit' he is ordered to pa' +B the heirs of Demetrio $atrimonio %r& in the amounts of aB $;0000 as moral damages3 bB $";000 as temperate damages3 and cB $";000 as e?emplar' damages or a total of $+;00003 and "B the heirs of Allan Dacles in the amounts of aB $;0000 as moral damages3 and bB $+0000 as temperate damages or a total of $++0000&
Costs de oficio& O OR$ERE$. &nares'(antiago, )arpio, and A#cuna, ., concur . Panganiban, ., on official lea(e&
Original Record ORB Vol& I +3 Rollo +4&
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OR Vol& II +3 Rollo +/&
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*d. 4"744&
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?hibit 69 Folder of ?hibits for the $rosecution Criminal Case No& 4=0- "3 TSN "+ %une +### /7=&
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?hs& 6!9 and 6C9 Folder of ?hibits for the $rosecution Criminal Case No& 4/#- "7-3 +### -7+0&
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TSN . September +### /7+/&
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OR Vol& II ".7-/&
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OR Vol& II -=&
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TSN "0 No(ember "000 -7"+&
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TSN ++ December "000 47;& *d. /7= +;3 ?h& 6+&9
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TSN +/ %anuar' "00+ =7#&
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OR Vol& I ;47;;3 Rollo -=7-.&
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&S& (& loria - $hil& --- +#04B3 $eople v& Tala(era &R& No& +-##/= +# %ul' "00+ -/+ SCRA 4--&
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&S& (& ue(ara "= $hil& ;4= +#+4B3 $eople v & Tagasa /. $hil& +4= +#-#B3$eople v & Cru +0# $hil& ".. +#/0B3 $eople v & Aldemita &R& Nos& E7;;0--7-4 +- No(ember +#./ +4; SCRA 4;+3 $eople v& Antonio &R& No& +44"// "= No(ember "00"&
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$eople v & !ascos 44 $hil& "04 +#""B3$eople v. 2orales &R& No& E7440#/ "0 April +#.- +"+ SCRA 4"/&
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$eople v & Sia Teb !an ;4 $hil& ;" +#"#B&
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$eople v & Renegado &R& No& E7"=0-+ -+ 2a' +#=4 ;= SCRA "=;&
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$eople v & $ambid &R& No& +"44;- +; 2arch "000 -". SCRA +;.3 (ee also $eople v & So &R& No& +04//4 ". August +##; "4= SCRA =0.3 $eople v& Tabugoca &R& No& +";--4 ". %anuar' +##. ".; SCRA -+"3 $eople v& Condino &R& No& +-0#4; +# No(ember "00+ -/# SCRA -";&
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$eople v & Ambal &R& No& E7;"/.. += October +#.0 +00 SCRA -";3 $eople (& Danao &R& No& #/.-" +# No(ember +##" "+; SCRA =#;3 $eople v& !aJe &R& No& +";.4# "0 %anuar' +### -0+ SCRA "4.3 $eople v & Kam7id -/. $hil& +-+ +###B&
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$eople v & A@uino &R& No& .=0.4 "= %une +##0 +./ SCRA .;+ ./+3 (ee also $eople (& Dia &R& No& +-0"+0 . December +### -"0 SCRA +/.3 $eople v& Domingo &R& No& +-.4;- "# 2a' "00" -." SCRA ;.+&
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$eople v & Austria &R& Nos& +++;+=7+# -+ %ul' +##/ "/0 SCRA +0/&
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$eople v & 2adarang &R& No& +-"-+# +" 2a' "000 --" SCRA ##&
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$eople v & !onoan3 /4 $hil .= #- +#-=B3 $eople v & Dungo &R& No& .#4"0 -+ %ul' +##+ +## SCRA ./03 $eople v& Valledor &R& No& +"#"#+ - %ul' "00" -.- SCRA /;- //07//+&
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$eople v& Villa &R& No& +"#.## "= April "000 --+ SCRA +4"&
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$eople v& 2edina &R& No& ++-/#+ / Februar' +##. "./ SCRA 443 $eople v & 2agallano No& E7 -"#=. -0 October +#.0 +00 SCRA ;=0&
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$eople v & Valledor supra note --3 $eople v. So supra note ".3 $eople v. Ambal supra note "#&
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$eople v & A@uino supra note -0 at ./-&
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$eople v & Kam7id supra note "#&
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$eople v & Valledor supra note -- at //+&
*40,
.= $hil& /;. +#;0B& (ee also $eople v & Ambal supra note "#3 $eople (& Renegado supra note "=3 $eople v & Cru supra note "4&
*4+,
&R& No& ;4+-; "+ No(ember +##+ "04 SCRA /;&
*4",
*4-,
(ee also $eople v & 2edina supra note -;& $eople v. 2adarang supra note -"&
*44,
Rollo ##7+0-3 (ee TSN +" 2a' +### #7+0&
*4;,
TSN ++ December "000 ++&
*4/,
TSN +/ %anuar' "00+ =&
*4=,
$eople v & 2adarang supra note -"3 $eople v& strada &R& No& +-04.= +# %une "000 --- SCRA /##3 $eople v. Formigones supra note 40&
*4.,
TSN "0 No(ember "000 "4&
*4#,
$eople v& Eegaspi &R& Nos& +-/+/47/; "0 April "00+ -;= SCRA "-4& (ee $eople v & uardo No& E7 4"#/; - December +#.= +;/ SCRA +;"&
*;0,
TSN ++ December "000 ""&
*;+,
$eople v & Villa supra note -4&
*;",
TSN "0 No(ember "000 "+&
*;-,
?h& 6+9 Folder of ?hibits for the Defense +&
*;4,
$eople v & Villa supra note -43 $eople v & 2edina supra note -;&
*;;,
TSN "0 No(ember "000 ++ "07"+&
*;/,
$eople v & A@uino supra note -0 at ./+&
*;=,
$eople v & Villa supra note -43 $eople v & Valledor supra note --&
*;.,
$eople v& Ocfemia &R& No& +"/+-; "; October "000 -44 SCRA -+;&
*;#,
$eople v& Amamangpang & R& No& +0.4#+ " %ul' $ambid supra note ".3 $eople v & Ocfemia supra&
*/0,
$eople v& 2engote &R& No& +-04#+ "; 2arch +### -0; SCRA -.0&
*/+,
$eople v& RobiJos &R& No& +-.4;- "# 2a' "00" -." SCRA ;.+&
*/",
+##.
"#+
SCRA
/-.3
$eople v &
$eople v & $uno & R& No& E7 --"++ "# %une +#.+ +0; SCRA +;+3 $eople v & Antonio supra note "43 $eople (& Rafanan supra note 4+&
*/-,
$eople v& Ancheta &R& Nos& +-.-0/70= "+ December "00+ -=" SCRA =;-&
*/4,
$eople vs& Sa'aboc &R& No& +4="0+ +; %anuar' "004&
*/;,
$eople v& Luinicio &R& No& +4"4-0 +- September "00+ -/; SCRA ";"&
*//,
$eople v& A@uino &R& Nos& Sa'aboc supra note /4&
+44-4074" /
August
"00"
-./
SCRA
-#+3
$eople v &
*/=,
?hs& 69 and 619 Folder of ?hibits for the $rosecution Crim& Case No& 4=0- 47;&
*/.,
Art& """4 Ci(il Code which pro(ides) 6Temperate or moderate damages which are more than nominal but less than compensator' damages ma' be reco(ered when the court finds that some pecuniar' loss has been suffered but its amount cannot from the nature of the case be pro(ed with certaint'&9
*/#,
Art& """; Ci(il Code which pro(ides) 6Temperate damages must be reasonable under the circumstances&9
*=0,
*=+,
$eople v & !aJo &R& No& +4.=+0 +; %anuar' "004& $eople v& $anida &R& Nos& +"=+"; and +-.#;" / %ul' +### -+0 SCRA // #.3 $eople v& !onito &R& No& +".00" +0 October "000 -4" SCRA 40; 4".3 $eople v& Rabanal &R& +4//.= ""
August "00" -.= SCRA /.;3 $eople v& !elaong &R& No& +-./+; +. September "00" -.# SCRA --=& *=",
$eople v & 2anlansing & R& Nos& +-+=-/7-= ++ 2arch "00" -=. SCRA /.;&
*=-,
$eople v & $ardua 4+" $hil& 4;/ "00+B3 $eople v& reJo &R& No& +"4=0/ "" Februar' "000 -"/ SCRA +;= +/#3 $eople v& Rabanal &R& No& +4//.= "" August "00" -.= SCRA /.;&
*=4,
$eople v& $anado &R& No& +--4-# "/ December "000 -4. SCRA /=# /#+3 $eople v& Caraig &R& Nos& ++/""47"= ". 2arch "00-3 $eople v& 2allari &R& No& +4;##- += %une "00-3 $eople v & !aJo supra note =0&
*=;,
$eople v& 2allari &R& No& +4;##- += %une "00-3 $eople v. 2anansala &R& No& +4=+4# # %ul' "00-&