February 29, 1969
Heirs of Raymundo Castro, petitioner
Apolonio Bustos, respondent
FACTS
On October 26, 1962, Bustos, a public school teacher, was charged with murder for the killing of another teacher, Raymundo Castro. Bustos was subsequently found guilty of homicide and was credited with the two mitigating circumstances of passion or obfuscation and voluntary surrender. He was sentenced to suffer imprisonment plus payment of civil indemnity amounting to P6,000.
Upon promulgation of the decision, both parties appealed. The CA modified the ruling and held that apart from the P6,000 for indemnity, Bustos was also supposed to pay moral damages amounting to P6,000 and P13,380 for lost income. But upon the respondent's motion, the CA modified its earlier ruling and removed both the moral damages and lost income.
The heirs of Raymundo Castro filed this instant petition praying for CA's modified decision to be reversed and for CA's original ruling to be upheld.
ISSUES
1. Whether or not the CA erred in modifying its earlier ruling.
2. Whether or not petitioners can demand an increase in the civil indemnity from P6,000 to P12,000.
RULING
1. Yes, the Court held that in removing the moral damages and lost income in its modified ruling, the CA misinterpreted Art. 2204 of the Civil Code; having mitigating circumstances does not warrant a complete deletion of the pecuniary penalties because every person criminally liable is also civilly liable. This civil liability, in case the felony involves death, includes indemnification for consequential damages, including those suffered by the deceased's family or by a third person as a result of the crime. The offender is also liable for the loss of the earning capacity of the deceased.
NOTE: The heirs of the deceased are entitled to the following: indemnity worth P12,000; indemnity for loss of earning capacity; moral damages; exemplary damages; attorney's fees; and interests.
Given these factors, the Court held that the heirs of Bustos were entitled to indemnity worth P6,000 plus moral damages of P6,000 and compensatory damages of P13,380.
2. No. Even though the law sets the minimum amount of P12,000 as indemnity for offenses involving death, such cannot be applied in this case. This is because neither party has appealed in relation thereto. In fact, the present petition was instituted by the offended party only as to specific portions of the civil indemnity to be paid by the respondent.
