People of the Philippines vs. Arnold Garchitorena Y Camba A.K.A. Junior; Joey Pamplona A.K.A. Nato and Jessie Garcia Y Adorino, G. R. No. 175605, August 28, 2009

DOCTRINE: The increase in the award of damages is predicated on the qualifying circumstances present in the case and not on the penalty imposed.

FACTS: Garchitorena, Pamplona, and Garcia, herein accused-appellants, were charged and found guilty for the crime of murder with abuse of superior strength as the qualifying aggravating circumstance, was sentenced to suffer the penalty of death and to indemnify jointly and severally the heirs of the victim in the amount of P50,000.00 as civil indemnity, P50,000.00 as moral damages, P50,000.00 as exemplary damages, P16,700.00 as actual damages, P408,000.00 for loss of earning capacity and to pay the costs of the suit.

The accused-appellants appealed but the appellate court affirmed in toto the decision of the lower court.

In view of the penalty, the case was forwarded to the Supreme Court for automatic review and judgment.

ISSUE: Whether or not the award of damages appropriate in this case.

HELD: R.A. No. 9346, also known as the Anti-Death Penalty Law, prohibits the imposition of death penalty and reclusion perpetua without eligibility for parole should instead be imposed. However, in People vs. Victor, the awarding of civil indemnity is not dependent on the actual imposition of the death penalty, but on the fact that qualifying circumstances warranting the imposition of the death penalty attended the commission of the crime. Also, it is is mandatory and granted to the heirs of the victim without need of proof other than the commission of the crime.

In case of moral damages, it need not be alleged and proved as the emotional suffering of the heirs from the vicious killing of the victim cannot be denied.

The Supreme Court, in People v. Villanueva, declared that "when actual damages proven by receipts during the trial amount to less than P25,000.00, as in this case, the award of temperate damages for P25,000.00 is justified in lieu of actual damages of a lesser amount." In the light of such ruling, the victims heirs in the present case should, therefore, be awarded temperate damages in the amount of P25,000.00

As to the loss of earning capacity, it is a rule that documentary evidence should be presented to substantiate the claim for damages, unless (1) the deceased is self-employed and earning less than the minimum wage under current labor laws, in which case judicial notice may be taken of the fact that in the deceaseds line of work no documentary evidence is available; or (2) the deceased is employed as a daily wage worker earning less than the minimum wage under current labor laws. In this case, the victim, at the time of his death, was self-employed and earning less than the minimum wage under current labor laws.

Hence, the Supreme Court affirmed the judgment of conviction and the award for loss of earning capacity, modifying the penalty from death to reclusion perpetua, and the award for civil indemnity, moral and exemplary damages and replacing actual damages with temperate damages: P75,000.00 as civil indemnity, P75,000.00 as moral damages, P30,000.00 as exemplary damages, and P25,000.00 as temperate damages in lieu of actual damages.