August 2010 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2010 > August 2010 Resolutions >
[G.R. No. 186127 : August 04, 2010] PEOPLE OF THE PHILIPPINES VS. ARLY AZUELA:
[G.R. No. 186127 : August 04, 2010]
PEOPLE OF THE PHILIPPINES VS. ARLY AZUELA
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution dated 04 August 2010, which reads as follows:
G.R. No. 186127 - PEOPLE OF THE PHILIPPINES VS. ARLY AZUELA
R E S O L U T I O N
Considering the allegations, issues and arguments adduced by Arly Azuela (appellant) in his Appellant's Brief filed before the Court of Appeals which he is adopting as his Supplemental Brief, the Court resolves to ADOPT the findings of fact and conclusions of Law of the Court of Appeals in its challenged Decision of MAy 15, 2008 in CA G.R. CR-H.C. No. 02203 and ti accordingly DISMISS appellant's appeal for falure to sufficiently show reversible error in said decision to warrant the exercise of the Court's discretionary appellate jurisdiction.
The Court of Appeals affirmed with modification the decision of the Regional Trial Court of Sorsogon, Branch 65, and disposed as follows:
The deletion by the appellate court of actual damges in the amount of P60,400.00 which the trial court awarded is in order, given the absence of receipts showing the actual funeral expenses incurred by the family of the deseased. For the general rule is that a party seeking actual damages must produce competent proof or the best evidence obtainable, such as receipts, to justify such award failing which, as in the present case, the award by the appellate court of P25,000.00 in temperate damges in homicide or murder cases is proper.[2]
WHEREFORE, the appeal of appellant, Arly Azuela, is DISMISSED.
SO ORDERED.
G.R. No. 186127 - PEOPLE OF THE PHILIPPINES VS. ARLY AZUELA
Considering the allegations, issues and arguments adduced by Arly Azuela (appellant) in his Appellant's Brief filed before the Court of Appeals which he is adopting as his Supplemental Brief, the Court resolves to ADOPT the findings of fact and conclusions of Law of the Court of Appeals in its challenged Decision of MAy 15, 2008 in CA G.R. CR-H.C. No. 02203 and ti accordingly DISMISS appellant's appeal for falure to sufficiently show reversible error in said decision to warrant the exercise of the Court's discretionary appellate jurisdiction.
The Court of Appeals affirmed with modification the decision of the Regional Trial Court of Sorsogon, Branch 65, and disposed as follows:
WHEREFORE, decision of the trial Court is affirmed with modification that the award for actual damages in the amount of P60,400.00 is deleted/ Instead the amount of P25,000.00 is awarded to the heirs of Elizaldy Lasala as temperate damages.[1] (underscoring supplied)
The deletion by the appellate court of actual damges in the amount of P60,400.00 which the trial court awarded is in order, given the absence of receipts showing the actual funeral expenses incurred by the family of the deseased. For the general rule is that a party seeking actual damages must produce competent proof or the best evidence obtainable, such as receipts, to justify such award failing which, as in the present case, the award by the appellate court of P25,000.00 in temperate damges in homicide or murder cases is proper.[2]
WHEREFORE, the appeal of appellant, Arly Azuela, is DISMISSED.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] Rollo, p. 19.
[2] Ingal v. People, G.R. No. 173282, March 4, 2008, 547 SCRA 632, 656.