qualified by treachery. Each of them interposed the defense of alibi, respectively.
Topic Damages/General Provisions/Concept of Damages
Case No. G.R. No. 120921 | January 29, 1998 Case Name People v. Ballesteros ISSUES Full Case THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, 1. Was it correct in finding Ballesteros et. Al guilty beyond reasonable doubt? Name vs. FELIPE BALLESTEROS, CESAR GALO and ALVIN BULUSAN, accused- YES, the established doctrine is that, for the defense of alibi to prosper, the accused appellants. must prove, not only that he was at some other place at the time of the commission Ponente Romero, J. of the crime, but also that it was physically impossible for him to be at the locus Doctrine Damages may be defined as the pecuniary compensation, delicti or within its immediate vicinity. On the night of May 28, 1991, Galo and recompense, or satisfaction for an injury sustained, or as otherwise Bulusan attended the dance at the barangay hall. After the dance, they went their expressed, the pecuniary consequences which the law imposes for the separate ways but remained within the barangay. breach of some duty or the violation of some right.[27] Actual or compensatory damages are those awarded in satisfaction of, or in recompense for, loss or injury sustained,[28] whereas moral damages RATIO DECIDENDI may be invoked when the complainant has experienced mental anguish, serious anxiety, physical suffering, moral shock and so forth, 1. Was the TC correct in the award of damages to the heirs of the victims? and had furthermore shown that these were the proximate result of the offenders wrongful act or omission. Digest Anton YES, damages may be defined as the pecuniary compensation, recompense, or Writer satisfaction for an injury sustained, or as otherwise expressed, the pecuniary Nature Appeal from the decision of the Regional Trial Court of Bangui, Ilocos consequences which the law imposes for the breach of some duty or the violation Norte finding the accused guilty beyond reasonable doubt of murder, of some right.[27] Actual or compensatory damages are those awarded in qualified by treachery satisfaction of, or in recompense for, loss or injury sustained,[28] whereas moral damages may be invoked when the complainant has experienced mental anguish, RELEVANT FACTS serious anxiety, physical suffering, moral shock and so forth, and had furthermore shown that these were the proximate result of the offenders wrongful act or omission.[29] In granting actual or compensatory damages, the party making a claim Petitioner Agliam et. al on May 28, 1991, converged at a carinderia to attend a for such must present the best evidence available, viz., receipts, vouchers, and the dance. Shortly after at the dance, they decided to head for home because they like,[30] as corroborated by his testimony.[31] sensed some hostility from Cesar Galo and his companions who were giving them dagger looks. The group had barely left when their owner jeep was fired upon from Here, the claim for actual damages by the heirs of the victims is not controverted, the rear. The precipitate attack upon the jeep left two people dead and four others the same having been fully substantiated by receipts accumulated by them and injured. presented to the court.[32] Therefore, the award of actual damages is Respondent Shari’a Court denies the petition and Hatima’s subsequent MR in an proper. However, the order granting compensatory damages to the heirs of Jerry order dated August 10, 1990, on the ground that the petition is substantially for Agliam and Eduardo Tolentino Sr. must be amended. Consistent with the policy of this change of name and that compliance with the provisions of Rule 103, Rules of Court Court, the amount of fifty thousand pesos (P 50,000.00) is given to the heirs of the on change of name is necessary if the petition is to be granted as it would result in victims by way of indemnity, and not as compensatory damages.[33] As regards moral the resumption of the use of petitioner's maiden name and surname. damages, the amount of psychological pain, damage and injury caused to the heirs of the victims, although inestimable,[34] may be determined by the trial court in its Respondent Ballesteros et. Al appealed from the decision of the Regional Trial Court discretion. of Bangui, Ilocos Norte finding them guilty beyond reasonable doubt of murder, DISPOSITIVE
WHEREFORE, premises considered, the decision appealed from is hereby AFFIRMED