Law School Noob: [CASE DIGEST] Perez v. CA (G.R. No. L-13719)

Saturday, May 29, 2021

[CASE DIGEST] Perez v. CA (G.R. No. L-13719)

March 31, 1965

Filemon Perez, petitioner
Court of Appeals, et al., respondents

FACTS:

A complaint for slight physical injuries against Filemon Perez was filed in the Municipal Court of Cebu City. Complainant Isidro Macasero alleged that when he went to Perez's house to get his two mirrors which were deposited thereat for safekeeping, Perez struck him at the left eyebrow with a wooden rod.

Perez was found guilty and was sentenced to ten days of arresto menor.

The case was appealed to the CFI Cebu, which considering the aggravating circumstance of treachery to be attendant to the crime, had raised the penalty to twenty one days of arresto menor, plus indemnification of P25.00 for actual or compensatory damages, P500 for moral and exemplary damages, with subsidiary imprisonment in case of insolvency not to exceed 1/3 of the principal penalty, plus costs.

A affirmed the decision in all respects except for the moral and exemplary damages which it reduced to P100.

ISSUE:

Whether or not the award of exemplary damages is proper. -- NO.

HELD:

Where there was no treachery nor any other aggravating circumstance in the commission of the crime, the accused should not be made to pay for both moral and exemplary damages, but only for moral damages, aside, of course, from the actual damages involved.

The Supreme Court disagreed with the CA's conclusion that the aggravating circumstance of treachery was attendant in the commission of the crime. Although the attack was sudden and unexpected, the fact that the accused had just been aroused from his sleep when he attacked the victim shows that he did not plan nor make any preparation to hurt the latter in such a manner as to insure the commission of the crime or to make it impossible or hard for the victim to defend himself or retaliate.

Mere suddenness of an attack is not enough to constitute treachery when the mode adopted does not positively tend to prove that the assailant thereby knowingly intended to insure the accomplishment of his criminal purpose without risk to himself arising from the defense.

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