THIRD DIVISION
[G.R. No. 240770. August 14, 2019.]
ERNESTO DE VERA y SACAYAN, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedAugust 14, 2019, which reads as follows:
"G.R. No. 240770(Ernesto De Vera y Sacayan vs. People of the Philippines). — Considering the allegations raised by the petitioner in his motion for reconsideration of the Resolution dated October 17, 2018 denying the petition for review, and thereby affirming the conviction of the petitioner for the crime of homicide, the Court finds no substantial arguments to warrant reconsideration thereof.
However, after a second hard look of the case, the Court finds that the award of civil indemnity to the heirs of the victim had been overlooked. In the June 25, 2016, Decision, the Regional Trial Court (RTC) sentenced the petitioner, to wit:
"WHEREFORE, in the light of the foregoing, this Court finds the accused GUILTY beyond reasonable doubt of the crime of Homicide under Article 249 of the Revised Penal Code and hereby sentences him to suffer the indeterminate penalty of imprisonment of EIGHT (8) YEARS and TWO (2) months of Prision Mayor, medium as minimum term to FOURTEEN (14) YEARS, EIGHT (8) months and ONE (1) DAY of Reclusion Temporal medium, as maximum." 1
When the case was elevated to the Court of Appeals (CA), the Office of the Solicitor General (OSG) pointed out that the amount of P50,000.00 as moral damages and another P50,000.00 as civil indemnity should be awarded to the heirs of the victims. 2 Notwithstanding, the CA failed to award the required damages to the heirs of the victim in its October 10, 2017, Decision. 3 The dispositive portion reads as follows:
"WHEREFORE, premises considered, We DENY the instant appeal and AFFIRM with MODIFICATION the Decision of the Regional Trial Court, Branch 220 of Quezon City, finding the accused guilty beyond reasonable doubt of the crime of Homicide. Accordingly, We set aside the penalty imposed by the trial court and sentence the accused, Ernesto De Vera y Sacayan, to suffer an indeterminate sentence of imprisonment for six (6) years and one (1) day of Prision Mayor in its minimum, as minimum, to twelve (12) years and one (1) day of Reclusion Temporal in its minimum, as maximum." 4
Article 100 of the Revised Penal Code (RPC) provides that every person criminally liable for a felony is also civilly liable. The indemnities to be paid by the accused is an integral part of the penalty imposed by law for the commission of the crime. 5
In People vs. Jugueta, 6 this Court awarded civil indemnity and moral damages in the amount of P50,000.00 each in cases of homicide where the penalty to be imposed is reclusion temporal. The rationale for the award of moral damages is the restoration of the status quo ante and the amount should be proportionate to the suffering inflicted. 7
Further, the Court cannot award actual damages as there is no single proof of the specific amount of expenses that the victim's heirs incurred as a consequence of the crime committed. However, in lieu of actual damages, the amount of P50,000.00 as temperate damages should be awarded to the heirs of the victim. 8
IN VIEW OF THE FOREGOING, the Motion for Reconsideration is DENIED.
The Resolution dated October 17, 2018 still STANDS with the MODIFICATION that Ernesto De Vera y Sacayan is hereby ORDEREDto PAY the heirs of Salvador Bonnot III the following: (1) P50,000.00 as civil indemnity; (2) P50,000.00 as moral damages; and (3) P50,000.00 as temperate damages, with 6% interest per annum from the date of finality of judgment until fully paid.
SO ORDERED."
Very truly yours,
WILFREDO V. LAPITANDivision Clerk of Court
By:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court
Footnotes
1.Rollo, p. 74.
2.Id. at 84.
3.Id. at 39.
4.Id. at 45-46.
5.Heirs of Eduardo Simon vs. Chan, et al., 659 Phil. 81-96 (2011).
6.People vs. Jugueta, 783 Phil. 806 (2016).
7.Id. at 828-829.
8.Id. at 847.