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PEOPLE OF THE PHILIPPINES v IRENEO JUGUETA

G.R. No. 202124 April 5, 2016 RULING

Anent the award of damages, the Court deems it


FACTS:
proper to address the matter in detail as regards
Ireneo JUGUETA was charged with Double criminal cases where the imposable penalty is reclusion
Murder. In Criminal Case No. 7702-G, appellant, perpetua to death. Generally, in these types of criminal
together with Gilbert Estores and Roger San Miguel, was cases, there are three kinds of damages awarded by the
charged with Multiple Attempted Murder. Roger San Court; namely: civil indemnity, moral, and exemplary
Miguel, however, moved for reinvestigation of the case damages. Likewise, actual damages may be awarded or
against them. At said proceedings, one Danilo Fajarillo temperate damages in some instances.
submitted his sworn statement stating that he saw
I. CIVIL INDEMNITY
JUGUETA with a certain "Hapon" and Gilbert Estores at
the crime scene, but it was only JUGUETA who was
First, civil indemnity ex delicto is the indemnity
carrying a firearm while the other two had no
authorized in our criminal law for the offended party, in
participation in the shooting incident. Fajarillo further
the amount authorized by the prevailing judicial policy
stated that Roger San Miguel was not present at the
and apart from other proven actual damages, which
crime scene. Thus, upon motion of the prosecution, the
itself is equivalent to actual or compensatory damages in
case for Attempted Murder against Gilbert Estores and
civil law. It is to be noted that civil indemnity is,
Roger San Miguel was dismissed, and trial proceeded
technically, not a penalty or a fine; hence, it can be
only as to JUGUETA.
increased by the Court when appropriate.
RTC
Thus, in a crime where a person dies, in addition to the
penalty of imprisonment imposed to the offender, the
The trial court ruled that the evidence clearly
accused is also ordered to pay the victim a sum of money
established that appellant, together with two other
as restitution. Also, it is apparent from Article 2206 that
assailants, conspired to shoot and kill the family of
the law only imposes a minimum amount for awards of
Norberto. Appellant was then convicted of Double
civil indemnity, which is ₱3,000.00. The law did not
Murder in Criminal Case No. 7698-G and Multiple
provide for a ceiling. Thus, although the minimum
Attempted Murder in Criminal Case No. 7702-G.
amount for the award cannot be changed, increasing
HENCE:
the amount awarded as civil indemnity can be validly
1. Criminal Case No. 7698-G(DOUBLE modified and increased when the present
MURDER) to indemnify her heirs in the amount circumstance warrants it.
of Php50,000.00 and another to suffer Reclusion
ARTICLE 2206, NCC
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. “The amount of damages for death caused by a crime or
quasi-delict shall be at least three thousand pesos, even
In addition, he is hereby ordered to pay the heirs
though there may have been mitigating circumstances. In
of the victims actual damages in the amount of addition:
Php16,150.00 and to pay for the costs.
2. Criminal Case No. 7702-G(MULTIPLE
(1) The defendant shall be liable for the loss of
ATTEMPTED MURDER) sentenced to suffer the
the earning capacity of the deceased, and the
penalty of FOUR (4) YEARS and TWO (2) indemnity shall be paid to the heirs of the latter;
MONTHS of Prision Correccional as minimum to such indemnity shall in every case be assessed
EIGHT (8) YEARS and ONE (1) DAY of Prision and awarded by the court, unless the deceased
Mayor as maximum for each of the offended on account of permanent physical disability not
parties; Norberto Divina, Maricel Divina, caused by the defendant, had no earning
capacity at the time of his death;
Elizabeth Divina and Judy Ann Divina. Further,
accused is ordered to pay for the costs of the
suit. (2) If the deceased was obliged to give support
according to the provisions of Article 291, the
recipient who is not an heir called to the
CA AFFIRMED.
decedent's inheritance by the law of testate or
intestate succession, may demand support from
the person causing the death, for a period not
exceeding five years, the exact duration to be
fixed by the court;
(3) The spouse, legitimate and illegitimate amount of moral damages can, in relation to civil
descendants and ascendants of the deceased indemnity, be adjusted so long as it does not
may demand moral damages for mental anguish exceed the award of civil indemnity.)
by reason of the death of the deceased.”
In addition to this, the Court likewise awards moral
damages. In People v. Arizapa,86 ₱50,000.00 was
awarded as moral damages without need of pleading or
II. MORAL proving them, for in rape cases, it is recognized that the
victim's injury is concomitant with and necessarily
results from the odious crime of rape to warrant per se
the award of moral damages. Subsequently, the amount
was increased to ₱75,000.00 in People v. Soriano8 and
SECOND, moral damages, which are also compensatory P100,000.00 in People v. Gambao.
in nature. Moral damages, upon the other hand, may be
awarded to compensate one for manifold injuries such as
physical suffering, mental anguish, serious anxiety,
besmirched reputation, wounded feelings and social
humiliation. These damages must be understood to be in III. Exemplary
the concept of grants, not punitive or corrective in
nature, calculated to compensate the claimant for the Also known as "punitive" or "vindictive" damages,
injury suffered. Although incapable of exactness and no exemplary or corrective damages are intended to serve as
proof of pecuniary loss is necessary in order that moral a deterrent to serious wrong doings, and as a vindication
damages may be awarded, the amount of indemnity of undue sufferings and wanton invasion of the rights of
being left to the discretion of the court, it is imperative, an injured or a punishment for those guilty of
nevertheless, that outrageous conduct.

(1) injury must have been suffered by the claimant, and The terms punitive or vindictive damages are often
used to refer to those species of damages that may be
(2) such injury must have sprung from any of the cases awarded against a person to punish him for his
outrageous conduct. In either case, these damages are
expressed in:
intended in good measure to deter the wrongdoer and
others like him from similar conduct in the future.
 Article 2219: “Moral damages may be recovered
in the following and analogous cases:
Also, relative to the civil aspect of the case, an
aggravating circumstance, whether ordinary or
(1) A criminal offense resulting in physical injuries;
qualifying, should entitle the offended party to an award
of exemplary damages within the unbridled meaning of
(2) Quasi-delicts causing physical injuries; Article 2230 of the Civil Code. In the civil aspect, the
presence of an aggravating circumstance, even if not
(3) Seduction, abduction, rape, or other lascivious acts; alleged in the information but proven during trial would
entitle the victim to an award of exemplary damages.
(4) Adultery or concubinage; Being corrective in nature, exemplary damages,
therefore, can be awarded, not only due to the presence
(5) Illegal or arbitrary detention or arrest; of an aggravating circumstance, but also where the
circumstances of the case show the highly reprehensible
(6) Illegal search; or outrageous conduct of the offender. In much the same
way as Article 2230 prescribes an instance when
(7) Libel, slander or any other form of defamation; exemplary damages may be awarded, Article 2229, the
main provision, lays down the very basis of the award
(8) Malicious prosecution;
Existing jurisprudence pegs the award of exemplary
(9) Acts mentioned in Article 309; damages at ₱30,000.00, despite the lack of any
aggravating circumstance. The Court finds it proper to
(10) Acts and actions referred to in Articles 21, 26, 27, 28, increase the amount to ₱50,000.00 in order to deter
29, 30, 32, 34, and 35.” similar conduct.

 Article 2220: “Willful injury to property may be a If, however, the penalty for the crime committed
legal ground for awarding moral damages if the is death, which cannot be imposed because of the
court should find that, under the circumstances, provisions of R.A. No. 9346, prevailing jurisprudence
such damages are justly due. The same rule sets the amount of ₱100,000.00 as exemplary
applies to breaches of contract where the damages.When the circumstances surrounding the
defendant acted fraudulently or in bad faith. ” crime would justify the imposition of the death penalty
(also does not fix the amount of damages that were it not for RA 9346, the Court has ruled, as early as
can be awarded. It is discretionary upon the July 9, 1998 in People v. Victor “that the award of civil
court, depending on the mental anguish or the indemnity for the crime of rape when punishable by death
suffering of the private offended party. The should be ₱75,000.00 We reasoned that "[t]his is not only
a reaction to the apathetic societal perception of the penal another ₱100,000.00 as exemplary damages in
law and the financial fluctuations over time, but also an view of the heinousness of the crime and to set
expression of the displeasure of the Court over the an example.
incidence of heinous crimes against chastity." Such
reasoning also applies to all heinous crimes found in RA 6. If there is another composite crime included
7659”. The amount was later increased to ₱100,000.00.. in a special complex crime and the penalty
imposed is death, an additional ₱100,000.00 as
RULES: civil indemnity, ₱100,000.00 moral damages and
₱100,000.00 exemplary damages shall be
awarded for each composite crime committed.
1. Again, for crimes where the imposable penalty is
death in view of the attendance of an ordinary
aggravating circumstance but due to the NOTE: In awarding civil indemnity and moral damages,
prohibition to impose the death penalty, the it is also important to determine the stage in which the
actual penalty imposed is reclusion perpetua, the crime was committed and proven during the trial
latest jurisprudence90 pegs the amount of
₱100,000.00 as civil indemnity and 1. consummated and the penalty imposed is death
₱100,0000.00 as moral damages. For the but reduced to reclusion perpetua because of
qualifying aggravating circumstance and/or the R.A. 9346, the civil indemnity and moral
ordinary aggravating circumstances present, the damages that should be awarded will each be
amount of ₱100,000.00 is awarded as exemplary ₱100,000.00 and another ₱100,000.00 for
damages aside from civil indemnity and moral exemplary damages
damages. Regardless of the attendance of
qualifying aggravating circumstance, the
exemplary damages shall be fixed at
₱100,000.00. "[T]his is not only a reaction to the
apathetic societal perception of the penal law 2. imposition of reclusion perpetua only, the
and the financial fluctuation over time, but also civil indemnity and moral damages should be
an expression of the displeasure of the Court ₱75,000.00 each, as well as exemplary damages
over the incidence of heinous crimes x x x." in the amount of ₱75,000.00.

2. When the circumstances surrounding the crime


call for the imposition of reclusion
perpetua only, there being no ordinary 3. frustrated stage, the civil indemnity and moral
aggravating circumstance, the Court rules that damages that should be awarded will each be
the proper amounts should be ₱75,000.00 as ₱50,000.00
civil indemnity, ₱75,000.00 as moral damages
and ₱75,000.00 exemplary damages, regardless
of the number of qualifying aggravating
circumstances present.
4. attempted stage, an award of ₱25,000.00 civil
3. When it comes to compound and complex indemnity and ₱25,000.00 moral damages
crimes, although the single act done by the
offender caused several crimes, the fact that EXAMPLE/APPLICATION: For example, in a crime of
those were the result of a single design, the murder with attempted murder, the amount of civil
amount of civil indemnity and moral damages indemnity, moral damages and exemplary damages is
will depend on the penalty and the number of ₱100,000.00 each, while in the attempted murder, the
victims. For each of the victims, the heirs should civil indemnity, moral damages and exemplary damages
be properly compensated. is ₱25,000.00 each.

4. If it is multiple murder without any ordinary IV. TEMPARATE


aggravating circumstance but merely a
qualifying aggravating circumstance, but the The Court also awards temperate damages in certain
penalty imposed is death because of Art. 48 of cases. The award of ₱25,000.00 as temperate damages in
the RPC wherein the maximum penalty shall be homicide or murder cases is proper when no evidence of
imposed, then, for every victim who dies, the burial and funeral expenses is presented in the trial
heirs shall be indemnified with ₱100,000.00 as court.
civil indemnity, ₱100,000.00 as moral damages
and ₱100,000.00 as exemplary damages.

5. In case of a special complex crime, which is


different from a complex crime, if the penalty is
death but it cannot be imposed due to RA 9346
and what is actually imposed is the penalty In summary:
of reclusion perpetua, the civil indemnity and
moral damages will be ₱100,000.00 each, and
I. For those crimes like, Murder, Parricide, ii. Moral damages –
Serious Intentional Mutilation, Infanticide, and ₱50,000.00
other crimes involving death of a victim where
the penalty consists of indivisible penalties: iii. Exemplary damages
– ₱50,000.00
1.1 Where the penalty imposed is death
but reduced to reclusion b. Attempted:
perpetua because of RA 9346:
i. Civil indemnity –
a. Civil indemnity – ₱100,000.00 ₱25,000.00

b. Moral damages – ₱100,000.00 ii. Moral damages –


₱25,000.00
c. Exemplary damages –
₱100,000.00 iii. Exemplary damages
– ₱25,000.00
1.2 Where the crime committed was not
consummated: II. For Simple Rape/Qualified Rape:

a. Frustrated: 1.1 Where the penalty imposed is Death


but reduced to reclusion
i. Civil indemnity – perpetua because of RA 9346:
₱75,000.00
a. Civil indemnity – ₱100,000.00
ii. Moral damages –
₱75,000.00 b. Moral damages – ₱100,000.00

iii. Exemplary damages c. Exemplary damages –


– ₱75,000.00 ₱100,000.00

b. Attempted: 1.2 Where the crime committed was not


consummated but merely attempted:
i. Civil indemnity –
₱50,000.00 a. Civil indemnity – ₱50,000.00

ii. Exemplary damages – b. Moral damages – ₱50,000.00


₱50,000.00
c. Exemplary damages –
iii. Exemplary damages ₱50,000.00
– ₱50,000.00
2.1 Where the penalty imposed
2.1 Where the penalty imposed is reclusion perpetua, other than the
is reclusion perpetua, other than above-mentioned:
the above-mentioned:
a. Civil indemnity – ₱75,000.00
a. Civil indemnity –
₱75,000.00
b. Moral damages – ₱75,000.00
b. Moral damages –
₱75,000.00 c. Exemplary damages –
₱75,000.00
c. Exemplary damages –
₱75,000.00 2.2 Where the crime committed was not
consummated, but merely attempted:
2.2 Where the crime committed was not
consummated: a. Civil indemnity – ₱25,000.00

a. Frustrated: b. Moral damages – ₱25,000.00

i. Civil indemnity – c. Exemplary damages –


₱50,000.00 ₱25,000.00
III. For Complex crimes under Article 48 of the c. Exemplary damages –
Revised Penal Code where death, injuries, or ₱100,000.00
sexual abuse results, the civil indemnity, moral
damages and exemplary damages will depend on In Robbery with Intentional Mutilation,
the penalty, extent of violence and sexual abuse; the amount of damages is the same as
and the number of victims where the penalty the above if the penalty imposed is
consists of indivisible penalties: Death but reduced to reclusion
perpetua although death did not occur.
1.1 Where the penalty imposed is Death
but reduced to reclusion 1.2 For the victims who suffered
perpetua because of RA 9346: mortal/fatal wounds and could have
died if not for a timely medical
a. Civil indemnity – ₱100,000.00 intervention, the following shall be
awarded:
b. Moral damages – ₱100,000.00
a. Civil indemnity – ₱75,000.00
c. Exemplary damages –
₱100,000.00 b. Moral damages – ₱75,000.00

1.2 Where the penalty imposed c. Exemplary damages –


is reclusion perpetua, other than the ₱75,000.00
above-mentioned:
1.3 For the victims who suffered non-
a. Civil indemnity – ₱75,000.00 mortal/non-fatal injuries:

b. Moral damages – ₱75,000.00 a. Civil indemnity – ₱50,000.00

c. Exemplary damages – b. Moral damages – ₱50,000.00


₱75,000.00
c. Exemplary damages –
The above Rules apply to every victim ₱50,000.00
who dies as a result of the crime
committed. In other complex crimes 2.1 Where the penalty imposed
where death does not result, like in is reclusion perpetua, other than the
Forcible Abduction with Rape, the civil above-mentioned:
indemnity, moral and exemplary
damages depend on the prescribed
penalty and the penalty imposed, as the a. Civil indemnity – ₱75,000.00
case may be.
b. Moral damages – ₱75,000.00
IV. For Special Complex Crimes like Robbery
with Homicide, Robbery with Rape, Robbery with c. Exemplary damages –
Intentional Mutilation, Robbery with ₱75,000.00

Arson, Rape with Homicide, Kidnapping with In Robbery with Intentional Mutilation,
Murder, Carnapping with Homicide or the amount of damages is the same as
Carnapping with Rape, Highway Robbery with the above if the penalty imposed
Homicide, Qualified Piracy, Arson with is reclusion perpetua.
Homicide, Hazing with Death, Rape, Sodomy or
Mutilation and other crimes with death, injuries, 2.2 For the victims who suffered
and sexual abuse as the composite crimes, mortal/fatal wounds and could have
where the penalty consists of indivisible died if not for a timely medical
penalties: intervention, the following shall be
awarded:
1.1 Where the penalty imposed is Death
but reduced to reclusion a. Civil indemnity – ₱50,000.00
perpetua because of RA 9346:
b. Moral damages – ₱50,000.00
a. Civil indemnity – ₱100,000.00
c. Exemplary damages –
b. Moral damages – ₱100,000.00 ₱50,000.00
2.3 For the victims who suffered non- i. Civil indemnity –
mortal/non-fatal injuries: ₱20,000.00

a. Civil indemnity – ₱25,000.00 ii. Moral damages –


₱20,000.00
b. Moral damages – ₱25,000.00
If an aggravating circumstance
c. Exemplary damages – was proven during the trial,
₱25,000.00 even if not alleged in the
Information,128 in addition to the
above mentioned amounts as
In Robbery with Physical Injuries, the civil indemnity and moral
amount of damages shall likewise be damages, the amount of
dependent on the nature/severity of the ₱50,000.00 exemplary damages
wounds sustained, whether fatal or non- for consummated; ₱30,000.00
fatal. for frustrated; and ₱20,000.00
for attempted, shall be awarded.
The above Rules do not apply if in the
crime of Robbery with Homicide, the VI. A. In the crime of Rebellion where the
robber/s or perpetrator/s are imposable penalty is reclusion perpetua and
themselves killed or injured in the death occurs in the course of the rebellion, the
incident.1âwphi1 heirs of those who died are entitled to the
following:
Where the component crime is rape, the
above Rules shall likewise apply, and a. Civil indemnity – ₱100,000.00
that for every additional rape committed,
whether against the same victim or
other victims, the victims shall be b. Moral damages – ₱100,000.00
entitled to the same damages unless the
other crimes of rape are treated as c. Exemplary damages –
separate crimes, in which case, the ₱100,000.00
damages awarded to simple
rape/qualified rape shall apply. B. For the victims who suffered
mortal/fatal wounds in the course of the
V. In other crimes that result in the death of a rebellion and could have died if not for a
victim and the penalty consists of divisible timely medical intervention, the
penalties, i.e., Homicide, Death under following shall be awarded:
Tumultuous Affray, Infanticide to conceal the
dishonour of the offender, Reckless Imprudence a. Civil indemnity – ₱75,000.00
Resulting to Homicide, Duel, Intentional
Abortion and Unintentional Abortion, etc.:
b. Moral damages – ₱75,000.00
1.1 Where the crime was consummated:
c. Exemplary damages –
₱75,000.00
a. Civil indemnity – ₱50,000.00
C. For the victims who suffered non-
b. Moral damages – ₱50,000.00 mortal/non-fatal injuries:

1.2 Where the crime committed was not a. Civil indemnity – ₱50,000.00
consummated, except those crimes
where there are no stages, i.e., Reckless
Imprudence and Death under b. Moral damages – ₱50,000.00
tumultuous affray:
c. Exemplary damages –
a. Frustrated: ₱50,000.00

i. Civil indemnity – VII. In all of the above instances, when no


₱30,000.00 documentary evidence of burial or funeral
expenses is presented in court, the amount of
₱50,000.00 as temperate damages shall be
ii. Moral damages – awarded.
₱30,000.00

b. Attempted: