BVR CONSULTING INC
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION

a collections of case digests and laws that can help aspiring law students to become a lawyer. 
this webpage is
 primarily designed to assist students of law in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law degree nor in passing the Bar Exams. we makes no warranties or representations of any kind, whether expressed or implied for the Services provided. The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. we gives no warranty for the accuracy or the completeness of the materials. This site also contains materials published by the students, professors, lawyers, and other users of the our Services. 


Case Digest: People vs. Jugueta G.R. No.202124, April 05, 2016

7/7/2020

0 Comments

 
 
Facts:
On June 06, 2002, The family of Norberto Divina were all lying down side by side about to sleep  at around 9:00 o’clock in the evening, when suddenly their wall made of sack was stripped off by accused-appellant Ireneo Jugueta, Roger San Miguel and Gilberto Alegre. They ordered him to go out of their house and when he refused despite his plea for mercy, they fired at them having hit and killed his two daughters. The family of Norberto Divina were unarmed and his children were at very tender ages. Mary Grace Divina and Claudine who were shot and killed were 13 years old and 3 1⁄2 years old respectively.
The Court finds accused-appellant guilty beyond reasonable doubt for double murder defined and punished under Article 248 of the Revised Penal Code and is hereby sentenced to suffer reclusion perpetua for the death of Mary Grace Divina and to indemnify her heirs in the amount of Php50,000.00 and another to suffer reclusion perpetua for the death of Claudine Divina and accused is further ordered to indemnify the heirs of Claudine Divina in the sum of Php50,000.00. In addition, he is hereby ordered to pay the heirs of the victims actual damages in the amount of Php16,150.00 and to pay for the costs.Aggrieved by the trial court's and Court of Appeal’s judgments, appellant appealed to the Supreme Court.
Hence, this appeal

Issue:
Whether or not the lower court imposed proper award of damages on the accused-appellant 

Held:
No. The lower court failed to take into account dwelling as an ordinary aggravating circumstance. In view of the attendant ordinary aggravating circumstance, the Court must modify the penalties and award of damages imposed on accused-appellant. In the case at bar, the crimes were aggravated by dwelling, and the murders committed were further made atrocious by the fact that the victims are innocent, defenseless minors – one is a mere 31⁄2-year-old toddler, and the other a 13-year-old girl. The increase in the amount of awards for damages is befitting to show not only the Court's, but all of society's outrage over such crimes and wastage of lives. 
 
 
 
0 Comments



Leave a Reply.

    Archives

    September 2024
    August 2024
    May 2024
    December 2023
    July 2023
    June 2023
    May 2023
    January 2023
    December 2022
    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION