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December 6, PEOPLE OF THE RODRIGUEZ LUCERO Rodriguez Lucero y Paw- Yes, Rodriguez Lucero y Civil Indemnity; In cases of murder

nity; In cases of murder and homicide, civil indemnity of P75,000.00 and The awards of civil indemnity is increased to
2010 DIV PHILIPPINES y PAW-AS alias with treachery and evident Paw-as is guilty beyond moral damages of P50,000.00 are awarded automatically. In cases of murder and P75,000.00, exemplary damages is increased
"Kikit," premeditation and with reasonable doubt of the homicide, civil indemnity of PhP75,000.00 and moral damages of PhP50,000.00 are to P30,000.00; the award of P3,000.00 as
intent to kill, did wil[l]fully, crime of murder and is awarded automatically. Indeed, such awards are mandatory without need of actual damages is deleted and in lieu thereof,
unlawfully and feloniously civilly liable since death allegation and proof other than the death of the victim, owing to the fact of the appellant is ordered to pay the heirs of the
attack, assault and hack occurs due to a crime commission of murder or homicide. victim the amount of P25,000.00 as temperate
Edgar Aydaon, a Barangay committed. damages.
Kagawad, with the use of a
Under Article 2224 of the Civil Code, temperate damages may be recovered, as it
bolo hitting the Aydaons
cannot be denied that the heirs of the victims suffered pecuniary loss although the
head that causes his
exact amount was not proved. The award of P25,000.00 as temperate damages in
instantaneous death with
x x x murder cases is proper when no evidence of burial and funeral expenses is
damage and prejudice on
presented in the trial court.
the heirs of Aydaon.

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