Category Archives: Retroactive Ruling

The aggravating circumstance not specifically alleged in the information cannot be appreciated to increase the criminal liability of the accused, the established presence of one or two aggravating circumstances of any kind or nature entitles the offended party to exemplary damages

Posted on February 4, 2012 by Erineus

Under Article 2230 of the Civil Code,[32] the attendance of any aggravating circumstance (generic, qualifying, or attendant) entitles the offended party to recover exemplary damages. Here, relationship was the aggravating circumstance attendant in both cases. We need to award P30,000.00 … Continue reading →

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