April 5, 2016 which directly caused their instant death.

G.R. No. 202124 That the crime committed in the dwelling of the offended party who had not given
provocation for the attack and the accused took advantage of nighttime to facilitate the
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, commission of the offense.
vs.
IRENEO JUGUETA, Accused-Appellant. Contrary to law.2

DECISION In Criminal Case No. 7702-G, appellant, together with Gilbert Estores and Roger San
Miguel, was charged with Multiple Attempted Murder, allegedly committed as
PERALTA, J.: follows:

This resolves the appeal from the Decision 1 of the Court of Appeals (CA) dated That on or about 9:00 o’clock in the evening of 6th day of June, 2002, at Barangay
January 30, 2012 in CA-G.R. CR HC No. 03252. The CA affirmed the judgments of Caridad Ilaya, Municipality of Atimonan, Province of Quezon, Philippines and within
the Regional Trial Court (RTC), Branch 61, Gumaca, Quezon, finding accused- the jurisdiction of this Honorable Court, the above-named accused, conspiring and
appellant Ireneo Jugueta y Flores guilty beyond reasonable doubt of Double Murder in confederating together and mutually helping one another, armed with short firearms
Criminal Case No. 7698-G and Multiple Attempted Murder in Criminal Case No. of undetermined calibres, with intent to kill, qualified by treachery, with evident
7702-G. premeditation and abuse of superior strength, did then and there wilfully, unlawfully
and feloniously attack, assault, and shoot with the said firearms the house occupied by
the family of Norberto Divina, thereby commencing the commission of the crime of
In Criminal Case No. 7698-G, appellant was charged with Double Murder, defined
Murder, directly by overt acts, but did not perform all the acts of execution which
and penalized under Article 248 of the Revised Penal Code, allegedly committed as
follows: would have produced it by reason of some cause or accident other than the
spontaneous desistance of the accused, that is, the occupants Norberto Divina, his
wife Maricel Divina and children Elizabeth Divina and Judy Ann Divina, both
That on or about the 6th day of June 2002, at about 9:00 o'clock in the evening, at elementary pupils and who are minors, were not hit.
Barangay Caridad Ilaya, Municipality of Atimonan, Province of Quezon, Philippines,
and within the jurisdiction of this Honorable Court, the above-named accused, armed
with a caliber.22 firearm, with intent to kill, qualified by treachery and evident CONTRARY TO LAW.3
premeditation, did then and there willfully, unlawfully and feloniously attack, assault
and shoot with said firearm Mary Grace Divina, a minor, 13 years old, who suffered Roger San Miguel, however, moved for reinvestigation of the case against them. At
the following: said proceedings, one Danilo Fajarillo submitted his sworn statement stating that on
June 6, 2002, he saw appellant with a certain "Hapon" and Gilbert Estores at the crime
"Gunshot wound - scene, but it was only appellant who was carrying a firearm while the other two had
no participation in the shooting incident. Fajarillo further stated that Roger San
Miguel was not present at the crime scene. Based on the sworn statement of Fajarillo,
Point of Entry – lower abdomen, right, 2 cm. from the midline and 6 cm. from the the Provincial Prosecutor found no prima facie case against Gilbert Estores and Roger
level of the umbilicus, directed upward toward the left upper abdomen." San Miguel.4 Thus, upon motion of the prosecution, the case for Attempted Murder
against Gilbert Estores and Roger San Miguel was dismissed, and trial proceeded only
and Claudine Divina, a minor, 3 ½ years of age, who suffered the following: as to appellant.5

"Gunshot wound - At the trial, the prosecution presented the testimonies of Norberto Divina, the victim,
and Dr. Lourdes Taguinod who executed the Medico-Legal Certificate and confirmed
Point of Entry - 9th ICS along the mid-axillary line, right, 1 cm. diameter that the children of Norberto, namely, Mary Grace and Claudine, died from gunshot
wounds. Dr. Taguinod noted that the trajectory of the bullet wounds showed that the
Point of Exit - 7th ICS mid-axillary line, left;" victims were at a higher location than the shooter, but she could not tell what kind of
ammunitions were used.6
Norberto testified that the appellant is his brother-in-law. He recounted that in the under Article 248 of the Revised Penal Code and is hereby sentenced to suffer
evening of June 6, 2002, as his entire family lay down on the floor of their one-room Reclusion Perpetua for the death of Mary Grace Divina and to indemnify her heirs in
nipa hut to sleep, the "sack" walling of their hut was suddenly stripped off, and only the amount of Php50,000.00 and another to suffer Reclusion Perpetua for the death of
the supporting bamboo (fences) remained. With the covering of the wall gone, the Claudine Divina and accused is further ordered to indemnify the heirs of Claudine
three (3) men responsible for the deed came into view. Norberto clearly saw their Divina in the sum of Php50,000.00. In addition, he is hereby ordered to pay the heirs
faces which were illuminated by the light of a gas lamp hanging in their small hut. of the victims actual damages in the amount of Php16,150.00 and to pay for the costs.
Norberto identified the 3 men as appellant, Gilbert Estores and Roger San Miguel.
SO ORDERED.11
The 3 men ordered Norberto to come down from his house, but he refused to do so.
The men then uttered, "Magdasal ka na at katapusan mo na ngayon." Norberto On the other hand, the dispositive portion of the trial court’s judgment in Criminal
pleaded with them, saying, "Maawa kayo sa amin, matanda na ako at marami akong Case No. 7702-G, reads:
anak. Anong kasalanan ko sa inyo?" Despite such plea for mercy, a gunshot was fired,
and Norberto immediately threw his body over his children and wife in an attempt to WHEREFORE and in view of all the foregoing, the Court finds accused Ireneo
protect them from being hit. Thereafter, he heard successive gunshots being fired in Jugueta guilty beyond reasonable doubt for Multiple Attempted Murder defined and
the direction where his family huddled together in their hut.7
penalized under Article 248 in relation to Article 51 of the Revised Penal Code and is
hereby sentenced to suffer the penalty of FOUR (4) YEARS and TWO (2) MONTHS
When the volley of shots ceased and the three (3) men left, Norberto saw that his two of Prision Correccional as minimum to EIGHT (8) YEARS and ONE (1) DAY of
(2) young daughters were wounded. His wife went out of their house to ask for help Prision Mayor as maximum for each of the offended parties; Norberto Divina,
from neighbors, while he and his older daughter carried the two (2) wounded children Maricel Divina, Elizabeth Divina and Judy Ann Divina. Further, accused is ordered to
out to the street. His daughter Mary Grace died on the way to the hospital, while pay for the costs of the suit.
Claudine expired at the hospital despite the doctors' attempts to revive her.8
SO ORDERED.12
In answer to questions of what could have prompted such an attack from appellant,
Norberto replied that he had a previous altercation with appellant who was angered by Aggrieved by the trial court's judgments, appellant appealed to the CA. On January
the fact that he (Norberto) filed a case against appellant's two other brothers for
30, 2012, the CA rendered a Decision affirming appellant's conviction for the crimes
molesting his daughter.9
charged.13

On the other hand, appellant was only able to proffer denial and alibi as his defense. Dissatisfied with the CA Decision, appellant elevated the case to this Court. On July
Appellant's testimony, along with those of Gilbert Estores, Roger San Miguel, Isidro
30, 2012, the Court issued a Resolution14 notifying the parties that they may submit
San Miguel and Ruben Alegre, was that he (appellant) was just watching TV at the
their respective Supplemental Briefs. Both parties manifested that they will no longer
house of Isidro San Miguel, where he had been living for several years, at the time the
submit supplemental briefs since they had exhaustively discussed their positions
shooting incident occurred. However, he and the other witnesses admitted that said
before the CA.15
house was a mere five-minute walk away from the crime scene.10
The main issue advanced in the Appellant's Brief deals with the inconsistencies in
Finding appellant’s defense to be weak, and ascribing more credence to the testimony
Norberto's testimony, such as his failure to state from the beginning that all three
of Norberto, the trial court ruled that the evidence clearly established that appellant,
assailants had guns, and to categorically identify appellant as the one holding the gun
together with two other assailants, conspired to shoot and kill the family of Norberto.
used to kill Norberto’s children.
Appellant was then convicted of Double Murder in Criminal Case No. 7698-G and
Multiple Attempted Murder in Criminal Case No. 7702-G.
The appeal is unmeritorious.
The dispositive portion of the trial court’s judgment in Criminal Case No. 7698-G
reads: At the outset, it must be stressed that factual findings of the trial court, its assessment
of the credibility of witnesses and the probative weight of their testimonies, and the
conclusions based on these factual findings are to be given the highest respect. Thus,
WHEREFORE and in view of all the foregoing, the Court finds accused Ireneo
generally, the Court will not recalibrate and re-examine evidence that had been
Jugueta guilty beyond reasonable doubt for Double Murder defined and punished
analyzed and ruled upon by the trial court and affirmed by the CA.16
The evidence on record fully supports the trial court's factual finding, as affirmed by Q: How many of the three were holding guns at that time?
the CA, that appellant acted in concert with two other individuals, all three of them
carrying firearms and simultaneously firing at Norberto and his family, killing his two A: All of them.
young daughters. Norberto clearly saw all of the three assailants with their firearms as
there is illumination coming from a lamp inside their house that had been laid bare
Q: You mean to tell the honorable court that these three persons were
after its walling was stripped off, to wit:
having one firearm each?
Q: When the wall of your house was stripped off by these three persons at the same
time, do you have light in your house?
A: Yes, sir.
A: Yes, sir.
Q: And they fired shots at the same time?
Q: What kind of light was there?
A: Yes, sir.
A: A gas lamp.
Q: To what direction these three persons fired (sic) their firearms during that night?
Q: Where was the gas lamp placed at that time?
A: To the place where we were.
A: In the middle of our house.
Q: When those three persons were firing their respective firearms, what was your
position then?
xxxx
A: I ordered my children to lie down.
Q: when did they fire a shot?
Q: How about you, what was your position when you were ordering your children to
A: On the same night, when they had stripped off the wallings.
lie down?

Q: How many gunshots did you hear?

A: (witness demonstrated his position as if covering his children with his body and
ordering them to line (sic) down face down)
A: Only one.
Q: Mr. Witness, for how long did these three persons fire shots at your house?
Q: Do you know the sound of a gunshot? A firearm?
A: Less than five minutes, sir.
A: Yes, sir, it is loud? (sic)
Q: After they fired their shots, they left your house?
xxxx
A: Yes, sir.
Q: After the first shot, was there any second shot?
Q: And when these persons left your house, you inspected your children to see what
A: After that, successive fire shot (sic) followed and my youngest and eldest happened to them?
daughters were hit.
A: Yes, sir, they were hit.
xxxx
x x x17
Appellant and the two other malefactors are equally responsible for the death of victim, or frustrated or attempted homicide or frustrated murder or attempted murder
Norberto's daughters because, as ruled by the trial court, they clearly conspired to kill if the offender intends to kill the victim. Intent to kill may be proved by evidence of:
Norberto's family. Conspiracy exists when two or more persons come to an agreement (a) motive; (b) the nature or number of weapons used in the commission of the crime;
regarding the commission of a crime and decide to commit it. Proof of a prior meeting (c) the nature and number of wounds inflicted on the victim; (d) the manner the crime
between the perpetrators to discuss the commission of the crime is not necessary as was committed; and (e) the words uttered by the offender at the time the injuries are
long as their concerted acts reveal a common design and unity of purpose. In such inflicted by him on the victim.
case, the act of one is the act of all.18 Here, the three men undoubtedly acted in
concert as they went to the house of Norberto together, each with his own firearm. It In this case, the prosecution has clearly established the intent to kill on the part of
is, therefore, no longer necessary to identify and prove that it is the bullet particularly appellant as shown by the use of firearms, the words uttered24during, as well as the
fired from appellant's firearm that killed the children. manner of, the commission of the crime. The Court thus quotes with approval the trial
court’s finding that appellant is liable for attempted murder, viz.:
Murder is defined under Article 248 of the Revised Penal Code as the unlawful killing
of a person, which is not parricide or infanticide, attended by circumstances such as In the case at bar, the perpetrators who acted in concert commenced the felony of
treachery or evident premeditation.19 The presence of any one of the circumstances murder first by suddenly stripping off the wall of their house, followed by successive
enumerated in Article 248 of the Code is sufficient to qualify a killing as murder.20 firing at the intended victims when Norberto Divina refused to go out of the house as
The trial court correctly ruled that appellant is liable for murder because treachery ordered by them. If only there were good in aiming their target, not only Mary Grace
attended the killing of Norberto’s two children, thus: and Claudine had been killed but surely all the rest of the family would surely have
died. Hence, perpetrators were liable for Murder of Mary Grace Divina and Claudine
x x x Evidence adduced show that the family of Norberto Divina, were all lying down Divina but for Multiple Attempted Murder for Norberto Divina, Maricel Divina,
side by side about to sleep on June 6, 2002 at around 9:00 o’clock in the evening, Elizabeth Divina and Judy Ann Divina. But as [appellant] Ireneo Jugueta was the only
when suddenly their wall made of sack was stripped off by [appellant] Ireneo Jugueta, one charged in this case, he alone is liable for the crime committed.25
Roger San Miguel and Gilberto Alegre (sic) [Gilbert Estores]. They ordered him to go
out of their house and when he refused despite his plea for mercy, they fired at them Meanwhile, the supposed inconsistencies in Norberto's testimony, i.e., that he failed to
having hit and killed his two (2) daughters. The family of Norberto Divina were state from the very beginning that all three assailants were carrying firearms, and that
unarmed and his children were at very tender ages. Mary Grace Divina and Claudine it was the shots from appellant’s firearm that killed the children, are too trivial and
who were shot and killed were 13 years old and 3 ½ years old respectively. In this inconsequential to put a dent on said witness's credibility. An examination of
case, the victims were defenseless and manifestly overpowered by armed assailants Norberto's testimony would show that there are no real inconsistencies to speak of. As
when they were gunned down. There was clear showing that the attack was made ruled in People v. Cabtalan,26 "[m]inor inconsistencies and discrepancies pertaining
suddenly and unexpectedly as to render the victims helpless and unable to defend to trivial matters do not affect the credibility of witnesses, as well as their positive
themselves. Norberto and his wife and his children could have already been asleep at identification of the accused as the perpetrators of the crime."27 Both the trial court
that time of the night. x x x 21 and the CA found Norberto's candid and straightforward testimony to be worthy of
belief and this Court sees no reason why it should not conform to the principle
Verily, the presence of treachery qualified the killing of the hapless children to reiterated in Medina, Jr. v. People28 that:
murder. As held in People v. Fallorina,22 the essence of treachery is the sudden and
unexpected attack on an unsuspecting victim without the slightest provocation on his Time and again, this Court has deferred to the trial court's factual findings
part. Minor children, who by reason of their tender years, cannot be expected to put and evaluation of the credibility of witnesses, especially when affirmed by
up a defense. When an adult person illegally attacks a child, treachery exists. the CA, in the absence of any clear showing that the trial court overlooked or
misconstrued cogent facts and circumstances that would justify altering or
As to the charge of multiple attempted murder, the last paragraph of Article 6 of the revising such findings and evaluation. This is because the trial court's
Revised Penal Code states that a felony is attempted when the offender commences determination proceeds from its first-hand opportunity to observe the
the commission of a felony directly by overt acts, and does not perform all the acts of demeanor of the witnesses, their conduct and attitude under grilling
execution which should produce the felony by reason of some cause or accident other examination, thereby placing the trial court in unique position to assess the
than his own spontaneous desistance. In Esqueda v. People,23 the Court held: witnesses' credibility and to appreciate their truthfulness, honesty and candor
x x x.29
If one inflicts physical injuries on another but the latter survives, the crime committed
is either consummated physical injuries, if the offender had no intention to kill the
The records of this case, particularly the testimonies of the witnesses, reveal no It is also well-settled that when two or more offenses are charged in a single
outstanding or exceptional circumstance to justify a deviation from such long- complaint or information but the accused fails to object to it before trial, the court
standing principle. There is no cogent reason to overturn the trial court's ruling that may convict him of as many offenses as are charged and proved, and impose upon
the prosecution evidence, particularly the testimony of Norberto Divina identifying him the proper penalty for each offense.31
appellant as one of the assailants, is worthy of belief. Thus, the prosecution evidence
established beyond any reasonable doubt that appellant is one of the perpetrators of Appellant can therefore be held liable for all the crimes alleged in the Informations in
the crime. Criminal Case Nos. 7698-G and 7702-G, i.e., 2 counts of murder and 4 counts of
attempted murder, respectively, and proven during trial.
However, the Court must make a clarification as to the nomenclature used by the trial
court to identify the crimes for which appellant was penalized. There is some Meanwhile, in People v. Nelmida,32 the Court explained the concept of a complex
confusion caused by the trial court's use of the terms "Double Murder" and "Multiple crime as defined in Article 4833 of the Revised Penal Code, thus:
Attempted Murder" in convicting appellant, and yet imposing penalties which
nevertheless show that the trial court meant to penalize appellant for two (2) separate In a complex crime, two or more crimes are actually committed, however, in the eyes
counts of Murder and four (4) counts of Attempted Murder. of the law and in the conscience of the offender they constitute only one crime, thus,
only one penalty is imposed. There are two kinds of complex crime. The first is
The facts, as alleged in the Information in Criminal Case No. 7698-G, and as proven known as a compound crime, or when a single act constitutes two or more grave or
during trial, show that appellant is guilty of 2 counts of the crime of Murder and not less grave felonies while the other is known as a complex crime proper, or when an
Double Murder, as the killing of the victims was not the result of a single act but of offense is a necessary means for committing the other. The classic example of the first
several acts of appellant and his cohorts. In the same vein, appellant is also guilty of 4 kind is when a single bullet results in the death of two or more persons. A different
counts of the crime of Attempted Murder and not Multiple Attempted Murder in rule governs where separate and distinct acts result in a number killed. Deeply rooted
Criminal Case No. 7702-G. It bears stressing that the Informations in this case failed is the doctrine that when various victims expire from separate shot, such acts
to comply with the requirement in Section 13, Rule 110 of the Revised Rules of Court constitute separate and distinct crimes.34
that an information must charge only one offense.
Here, the facts surrounding the shooting incident clearly show that appellant and the
As a general rule, a complaint or information must charge only one offense, two others, in firing successive and indiscriminate shots at the family of Norberto
otherwise, the same is defective. The reason for the rule is stated in People of the from their respective firearms, intended to kill not only Norberto, but his entire
Philippines and AAA v. Court of Appeals, 21st Division, Mindanao Station, et al.,30 family. When several gunmen, as in this case, indiscriminately fire a series of shots at
thus: a group of people, it shows their intention to kill several individuals. Hence, they are
committing not only one crime. What appellant and his cohorts committed cannot be
The rationale behind this rule prohibiting duplicitous complaints or informations is to classified as a complex crime because as held in People v. Nelmida,35 "each act by
give the accused the necessary knowledge of the charge against him and enable him to each gunman pulling the trigger of their respective firearms, aiming each particular
sufficiently prepare for his defense. The State should not heap upon the accused two moment at different persons constitute distinct and individual acts which cannot give
or more charges which might confuse him in his defense. Non-compliance with this rise to a complex crime."36
rule is a ground for quashing the duplicitous complaint or information under Rule 117
of the Rules on Criminal Procedure and the accused may raise the same in a motion to Furthermore, the Court notes that both the trial court and the CA failed to take into
quash before he enters his plea, otherwise, the defect is deemed waived. account dwelling as an ordinary, aggravating circumstance, despite the fact that the
Informations in Criminal Case Nos. 7698-G and 7702-G contain sufficient allegations
However, since appellant entered a plea of not guilty during arraignment and failed to to that effect, to wit:
move for the quashal of the Informations, he is deemed to have waived his right to
question the same. Section 9 of Rule 117 provides that "[t]he failure of the accused to Criminal Case No. 7698-G for Double Murder:
assert any ground of a motion to quash before he pleads to the complaint or
information, either because he did not file a motion to quash or failed to allege the
That the crime was committed in the dwelling of the offended party who had not
same in said motion, shall be deemed a waiver of any objections except those based
given provocation for the attack and the accused took advantage of nighttime to
on the grounds provided for in paragraphs (a), (b), (g), and (i) of Section 3 of this facilitate the commission of the offense.37
Rule."
Criminal Case No. 7702-G for Multiple Attempted Murder: First, civil indemnity ex delicto is the indemnity authorized in our criminal law for the
offended party, in the amount authorized by the prevailing judicial policy and apart
x x x the above-named accused, conspiring and confederating together and mutually from other proven actual damages, which itself is equivalent to actual or
helping one another, armed with short firearms of undetermined calibres, with intent compensatory damages in civil law.42 This award stems from Article 100 of the RPC
to kill, qualified by treachery, with evident premeditation and abuse of superior which states, "Every person criminally liable for a felony is also civilly liable."
strength, did then and there wilfully, unlawfully and feloniously attack, assault, and
shoot with the said firearms the house occupied by the family of Norberto Divina, It is to be noted that civil indemnity is, technically, not a penalty or a fine; hence, it
thereby commencing the commission of the crime of Murder, directly by overt acts, can be increased by the Court when appropriate.43 Article 2206 of the Civil Code
but did not perform all the acts of execution which would have produced it by reason provides:
of some cause or accident other than the spontaneous desistance of the accused x x
x38 Art. 2206. The amount of damages for death caused by a crime or quasi-delict shall be
at least three thousand pesos, even though there may have been mitigating
In People v. Agcanas,39 the Court stressed that "[i]t has been held in a long line of circumstances. In addition:
cases that dwelling is aggravating because of the sanctity of privacy which the law
accords to human abode. He who goes to another's house to hurt him or do him wrong (1) The defendant shall be liable for the loss of the earning capacity
is more guilty than he who offends him elsewhere." Dwelling aggravates a felony of the deceased, and the indemnity shall be paid to the heirs of the
where the crime is committed in the dwelling of the offended party provided that the latter; such indemnity shall in every case be assessed and awarded
latter has not given provocation therefor.40 The testimony of Norberto established the by the court, unless the deceased on account of permanent physical
fact that the group of appellant violated the victims' home by destroying the same and disability not caused by the defendant, had no earning capacity at
attacking his entire family therein, without provocation on the part of the latter. the time of his death;
Hence, the trial court should have appreciated dwelling as an ordinary aggravating
circumstance.
(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
In view of the attendant ordinary aggravating circumstance, the Court must modify the decedent's inheritance by the law of testate or intestate
the penalties imposed on appellant. Murder is punishable by reclusion perpetua to succession, may demand support from the person causing the death,
death, thus, with an ordinary aggravating circumstance of dwelling, the imposable for a period not exceeding five years, the exact duration to be fixed
penalty is death for each of two (2) counts of murder.41 However, pursuant to by the court;
Republic Act (RA) No. 9346, proscribing the imposition of the death penalty, the
penalty to be imposed on appellant should be reclusion perpetua for each of the two (3) The spouse, legitimate and illegitimate descendants and
(2) counts of murder without eligibility for parole. With regard to the four (4) counts
ascendants of the deceased may demand moral damages for mental
of attempted murder, the penalty prescribed for each count is prision mayor. With one
anguish by reason of the death of the deceased.
ordinary aggravating circumstance, the penalty should be imposed in its maximum
period. Applying the Indeterminate Sentence Law, the maximum penalty should be
from ten (10) years and one (1) day to twelve (12) years of prision mayor, while the In our jurisdiction, civil indemnity is awarded to the offended party as a kind of
minimum shall be taken from the penalty next lower in degree, i.e., prision monetary restitution or compensation to the victim for the damage or infraction that
correccional, in any of its periods, or anywhere from six (6) months and one (1) day was done to the latter by the accused, which in a sense only covers the civil aspect.
to six (6) years. This Court finds it apt to impose on appellant the indeterminate Precisely, it is civil indemnity. Thus, in a crime where a person dies, in addition to the
penalty of four (4) years, two (2) months and one (1) day of prision correccional, as penalty of imprisonment imposed to the offender, the accused is also ordered to pay
minimum, to ten (10) years and one (1) day of prision mayor, as minimum, for each the victim a sum of money as restitution. Also, it is apparent from Article 2206 that
of the four (4) counts of attempted murder. the law only imposes a minimum amount for awards of civil indemnity, which is
₱3,000.00. The law did not provide for a ceiling. Thus, although the minimum amount
for the award cannot be changed, increasing the amount awarded as civil indemnity
Anent the award of damages, the Court deems it proper to address the matter in detail
can be validly modified and increased when the present circumstance warrants it.44
as regards criminal cases where the imposable penalty is reclusion perpetua to death.
Generally, in these types of criminal cases, there are three kinds of damages awarded
by the Court; namely: civil indemnity, moral, and exemplary damages. Likewise,
actual damages may be awarded or temperate damages in some instances.
The second type of damages the Court awards are moral damages, which are also Also known as "punitive" or "vindictive" damages, exemplary or corrective damages
compensatory in nature. Del Mundo v. Court of Appeals45 expounded on the nature are intended to serve as a deterrent to serious wrong doings, and as a vindication of
and purpose of moral damages, viz.: undue sufferings and wanton invasion of the rights of an injured or a punishment for
those guilty of outrageous conduct. These terms are generally, but not always, used
Moral damages, upon the other hand, may be awarded to compensate one for interchangeably. In common law, there is preference in the use of exemplary damages
manifold injuries such as physical suffering, mental anguish, serious anxiety, when the award is to account for injury to feelings and for the sense of indignity and
besmirched reputation, wounded feelings and social humiliation. These damages must humiliation suffered by a person as a result of an injury that has been maliciously and
be understood to be in the concept of grants, not punitive or corrective in nature, wantonly inflicted,53 the theory being that there should be compensation for the hurt
calculated to compensate the claimant for the injury suffered. Although incapable of caused by the highly reprehensible conduct of the defendant – associated with such
exactness and no proof of pecuniary loss is necessary in order that moral damages circumstances as willfulness, wantonness, malice, gross negligence or recklessness,
may be awarded, the amount of indemnity being left to the discretion of the court, it is oppression, insult or fraud or gross fraud54 – that intensifies the injury. The terms
imperative, nevertheless, that (1) injury must have been suffered by the claimant, and punitive or vindictive damages are often used to refer to those species of damages that
(2) such injury must have sprung from any of the cases expressed in Article 221946 may be awarded against a person to punish him for his outrageous conduct. In either
and Article 222047 of the Civil Code. x x x. case, these damages are intended in good measure to deter the wrongdoer and others
like him from similar conduct in the future.55
Similarly, in American jurisprudence, moral damages are treated as "compensatory
damages awarded for mental pain and suffering or mental anguish resulting from a The term aggravating circumstances used by the Civil Code, the law not having
wrong."48 They may also be considered and allowed "for resulting pain and suffering, specified otherwise, is to be understood in its broad or generic sense. The commission
and for humiliation, indignity, and vexation suffered by the plaintiff as result of his or of an offense has a two-pronged effect, one on the public as it breaches the social
her assailant's conduct, as well as the factors of provocation, the reasonableness of the order and the other upon the private victim as it causes personal sufferings, each of
force used, the attendant humiliating circumstances, the sex of the victim, [and] which is addressed by, respectively, the prescription of heavier punishment for the
mental distress."49 accused and by an award of additional damages to the victim. The increase of the
penalty or a shift to a graver felony underscores the exacerbation of the offense by the
attendance of aggravating circumstances, whether ordinary or qualifying, in its
The rationale for awarding moral damages has been explained in Lambert v. Heirs of
Rey Castillon: "[T]he award of moral damages is aimed at a restoration, within the commission. Unlike the criminal liability which is basically a State concern, the
award of damages, however, is likewise, if not primarily, intended for the offended
limits possible, of the spiritual status quo ante; and therefore, it must be proportionate
party who suffers thereby. It would make little sense for an award of exemplary
to the suffering inflicted."50
damages to be due the private offended party when the aggravating circumstance is
ordinary but to be withheld when it is qualifying. Withal, the ordinary or qualifying
Corollarily, moral damages under Article 222051 of the Civil Code also does not fix nature of an aggravating circumstance is a distinction that should only be of
the amount of damages that can be awarded. It is discretionary upon the court, consequence to the criminal, rather than to the civil, liability of the offender. In fine,
depending on the mental anguish or the suffering of the private offended party. The relative to the civil aspect of the case, an aggravating circumstance, whether ordinary
amount of moral damages can, in relation to civil indemnity, be adjusted so long as it or qualifying, should entitle the offended party to an award of exemplary damages
does not exceed the award of civil indemnity.52 within the unbridled meaning of Article 2230 of the Civil Code. 56

Finally, the Civil Code of the Philippines provides, in respect to exemplary damages, The reason is fairly obvious as to why the Revised Rules of Criminal Procedure57
thus: requires aggravating circumstances, whether ordinary or qualifying, to be stated in the
complaint or information. It is in order not to trample on the constitutional right of an
ART. 2229. Exemplary or corrective damages are imposed, by way of example or accused to be informed of the nature of the alleged offense that he or she has
correction for the public good, in addition to the moral, temperate, liquidated or committed. A criminal complaint or information should basically contain the elements
compensatory damages. of the crime, as well as its qualifying and ordinary aggravating circumstances, for the
court to effectively determine the proper penalty it should impose. This, however, is
ART. 2230. In criminal offenses, exemplary damages as a part of the civil liability not similar in the recovery of civil liability. In the civil aspect, the presence of an
may be imposed when the crime was committed with one or more aggravating aggravating circumstance, even if not alleged in the information but proven during
circumstances. Such damages are separate and distinct from fines and shall be paid to trial would entitle the victim to an award of exemplary damages.
the offended party.
Being corrective in nature, exemplary damages, therefore, can be awarded, not only (b) In kidnapping and serious illegal detention: (i) when the kidnapping or
due to the presence of an aggravating circumstance, but also where the circumstances detention was committed for the purpose of extorting ransom from the victim
of the case show the highly reprehensible or outrageous conduct of the offender. In or any other person; (ii) when the victim is killed or dies as a consequence of
much the same way as Article 2230 prescribes an instance when exemplary damages the detention; (iii) when the victim is raped, subjected to torture or
may be awarded, Article 2229, the main provision, lays down the very basis of the dehumanizing acts.
award. Thus, in People v. Matrimonio,58 the Court imposed exemplary damages to
deter other fathers with perverse tendencies or aberrant sexual behavior from sexually (c) In destructive arson, when as a consequence of the commission of any of
abusing their own daughters. Also, in People v. Cristobal,59 the Court awarded the acts penalized under Article 320, death results.
exemplary damages on account of the moral corruption, perversity and wickedness of
the accused in sexually assaulting a pregnant married woman. In People v. Cañada,60
(d) In rape: (i) when by reason or on occasion of the rape, the victim
People v. Neverio61 and People v. Layco, Sr.,62 the Court awarded exemplary
becomes insane or homicide is committed; (ii) when committed with any of
damages to set a public example, to serve as deterrent to elders who abuse and corrupt
the following attendant circumstances: (1) when the victim is under eighteen
the youth, and to protect the latter from sexual abuse.
(18) years of age and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree,
Existing jurisprudence pegs the award of exemplary damages at ₱30,000.00,63 or the common-law-spouse of the parent of the victim; (2) when the victim is
despite the lack of any aggravating circumstance. The Court finds it proper to increase under the custody of the police or military authorities; (3) when the rape is
the amount to ₱50,000.00 in order to deter similar conduct. committed in full view of the husband, parent, any of the children or other
relatives within the third degree of consanguinity; (4) when the victim is a
If, however, the penalty for the crime committed is death, which cannot be imposed religious or a child below seven years old; (5) when the offender knows that
because of the provisions of R.A. No. 9346, prevailing jurisprudence64 sets the he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease;
amount of ₱100,000.00 as exemplary damages. (6) when committed by any member of the Armed Forces of the Philippines
or the Philippine National Police or any law enforcement agency; and (7)
Before awarding any of the above mentioned damages, the Court, however, must first when by reason or on the occasion of the rape, the victim has suffered
consider the penalty imposed by law. Under RA 7659 or An Act to Impose the Death permanent physical mutilation.
Penalty on Certain Heinous Crimes, Amending for that Purpose the Revised Penal
Laws, and for Other Purposes, certain crimes under the RPC and special penal laws From these heinous crimes, where the imposable penalties consist of two (2)
were amended to impose the death penalty under certain circumstances.65 Under the indivisible penalties or single indivisible penalty, all of them must be taken in relation
same law, the following crimes are punishable by reclusion perpetua: piracy in to Article 63 of the RPC, which provides:
general,66 mutiny on the high seas,67 and simple rape.68 For the following crimes,
RA 7659 has imposed the penalty of reclusion perpetua to death: qualified piracy;69 Article 63. Rules for the application of indivisible penalties. - In all cases in which the
qualified bribery under certain circumstances;70 parricide;71 murder;72 infanticide, law prescribes a single indivisible penalty, it shall be applied by the courts regardless
except when committed by the mother of the child for the purpose of concealing her of any mitigating or aggravating circumstances that may have attended the
dishonor or either of the maternal grandparents for the same purpose;73 kidnapping commission of the deed.
and serious illegal detention under certain circumstances;74 robbery with violence
against or intimidation of persons under certain circumstances;75 destructive arson, In all cases in which the law prescribes a penalty composed of two indivisible
except when death results as a consequence of the commission of any of the acts
penalties, the following rules shall be observed in the application thereof:
penalized under the article;76 attempted or frustrated rape, when a homicide is
committed by reason or on occasion thereof; plunder;77 and carnapping, when the
driver or occupant of the carnapped motor vehicle is killed or raped in the course of 1. when in the commission of the deed there is present only one aggravating
the commission of the carnapping or on the occasion thereof.78 Finally, RA 7659 circumstance, the greater penalty shall be applied.
imposes the death penalty on the following crimes:
2. when there are neither mitigating nor aggravating circumstances in the
(a) In qualified bribery, when it is the public officer who asks or demands the commission of the deed, the lesser penalty shall be applied.
gift or present.
 3. when the commission of the act is attended by some mitigating Essentially, despite the fact that the death penalty cannot be imposed because of RA
circumstance and there is no aggravating circumstance, the lesser penalty 9346, the imposable penalty as provided by the law for the crime, such as those found
shall be applied. in RA 7569, must be used as the basis for awarding damages and not the actual
penalty imposed.1avvphi1
4. when both mitigating and aggravating circumstances attended the
commission of the act, the courts shall reasonably allow them to offset one Again, for crimes where the imposable penalty is death in view of the attendance of
another in consideration of their number and importance, for the purpose of an ordinary aggravating circumstance but due to the prohibition to impose the death
applying the penalty in accordance with the preceding rules, according to the penalty, the actual penalty imposed is reclusion perpetua, the latest jurisprudence90
result of such compensation. (Revised Penal Code, Art. 63) pegs the amount of ₱100,000.00 as civil indemnity and ₱100,0000.00 as moral
damages. For the qualifying aggravating circumstance and/or the ordinary aggravating
Thus, in order to impose the proper penalty, especially in cases of indivisible circumstances present, the amount of ₱100,000.00 is awarded as exemplary damages
penalties, the court has the duty to ascertain the presence of any mitigating or aside from civil indemnity and moral damages. Regardless of the attendance of
aggravating circumstances. Accordingly, in crimes where the imposable penalty is qualifying aggravating circumstance, the exemplary damages shall be fixed at
reclusion perpetua to death, the court can impose either reclusion perpetua or death, ₱100,000.00. "[T]his is not only a reaction to the apathetic societal perception of the
depending on the mitigating or aggravating circumstances present. penal law and the financial fluctuation over time, but also an expression of the
displeasure of the Court over the incidence of heinous crimes x x x."91
But with the enactment of RA 9346 or An Act Prohibiting the Imposition of Death
Penalty in the Philippines, the imposition of death penalty is now prohibited. It When the circumstances surrounding the crime call for the imposition of reclusion
provides that in lieu of the death penalty, the penalty of reclusion perpetua shall be perpetua only, there being no ordinary aggravating circumstance, the Court rules that
imposed when the law violated makes use of the nomenclature of the penalties of the the proper amounts should be ₱75,000.00 as civil indemnity, ₱75,000.00 as moral
RPC.79 damages and ₱75,000.00 exemplary damages, regardless of the number of qualifying
aggravating circumstances present.
As a result, the death penalty can no longer be imposed. Instead, they have to impose
reclusion perpetua. Despite this, the principal consideration for the award of damages, When it comes to compound and complex crimes, although the single act done by the
following the ruling in People v. Salome80 and People v. Quiachon,81 is "the penalty offender caused several crimes, the fact that those were the result of a single design,
provided by law or imposable for the offense because of its heinousness, not the the amount of civil indemnity and moral damages will depend on the penalty and the
public penalty actually imposed on the offender."82 number of victims. For each of the victims, the heirs should be properly compensated.
If it is multiple murder without any ordinary aggravating circumstance but merely a
When the circumstances surrounding the crime would justify the imposition of the qualifying aggravating circumstance, but the penalty imposed is death because of Art.
48 of the RPC wherein the maximum penalty shall be imposed,92 then, for every
death penalty were it not for RA 9346, the Court has ruled, as early as July 9, 1998 in
victim who dies, the heirs shall be indemnified with ₱100,000.00 as civil indemnity,
People v. Victor,83 that the award of civil indemnity for the crime of rape when
₱100,000.00 as moral damages and ₱100,000.00 as exemplary damages.
punishable by death should be ₱75,000.00 We reasoned that "[t]his is not only a
reaction to the apathetic societal perception of the penal law and the financial
fluctuations over time, but also an expression of the displeasure of the Court over the In case of a special complex crime, which is different from a complex crime under
incidence of heinous crimes against chastity."84 Such reasoning also applies to all Article 48 of the RPC, the following doctrines are noteworthy:
heinous crimes found in RA 7659. The amount was later increased to ₱100,000.00.85
In People of the Philippines v. Conrado Laog,93 this Court ruled that special complex
In addition to this, the Court likewise awards moral damages. In People v. Arizapa,86 crime, or more properly, a composite crime, has its own definition and special penalty
₱50,000.00 was awarded as moral damages without need of pleading or proving them, in the Revised Penal Code, as amended. Justice Regalado, in his Separate Opinion in
for in rape cases, it is recognized that the victim's injury is concomitant with and the case of People v. Barros,94 explained that composite crimes are "neither of the
necessarily results from the odious crime of rape to warrant per se the award of moral same legal basis as nor subject to the rules on complex crimes in Article 48 [of the
damages.87 Subsequently, the amount was increased to ₱75,000.00 in People v. Revised Penal Code], since they do not consist of a single act giving rise to two or
Soriano88 and P100,000.00 in People v. Gambao.89 more grave or less grave felonies [compound crimes] nor do they involve an offense
being a necessary means to commit another [complex crime proper]. However, just
like the regular complex crimes and the present case of aggravated illegal possession
of firearms, only a single penalty is imposed for each of such composite crimes special complex crime of robbery with homicide, such treachery is to be regarded as a
although composed of two or more offenses."95 generic aggravating circumstance.

In People v. De Leon,96 we expounded on the special complex crime of robbery with Robbery with homicide is a composite crime with its own definition and special
homicide, as follows: penalty in the Revised Penal Code. There is no special complex crime of robbery with
murder under the Revised Penal Code. Here, treachery forms part of the
In robbery with homicide, the original criminal design of the malefactor is to commit circumstances proven concerning the actual commission of the complex crime.
robbery, with homicide perpetrated on the occasion or by reason of the robbery. The Logically it could not qualify the homicide to murder but, as generic aggravating
intent to commit robbery must precede the taking of human life. The homicide may circumstance, it helps determine the penalty to be imposed.100
take place before, during or after the robbery. It is only the result obtained, without
reference or distinction as to the circumstances, causes or modes or persons Applying the above discussion on special complex crimes, if the penalty is death but it
intervening in the commission of the crime that has to be taken into consideration. cannot be imposed due to RA 9346 and what is actually imposed is the penalty of
There is no such felony of robbery with homicide through reckless imprudence or reclusion perpetua, the civil indemnity and moral damages will be ₱100,000.00 each,
simple negligence. The constitutive elements of the crime, namely, robbery with and another ₱100,000.00 as exemplary damages in view of the heinousness of the
homicide, must be consummated. crime and to set an example. If there is another composite crime included in a special
complex crime and the penalty imposed is death, an additional ₱100,000.00 as civil
It is immaterial that the death would supervene by mere accident; or that the victim of indemnity, ₱100,000.00 moral damages and ₱100,000.00 exemplary damages shall be
homicide is other than the victim of robbery, or that two or more persons are killed, or awarded for each composite crime committed.
that aside from the homicide, rape, intentional mutilation, or usurpation of authority,
is committed by reason or on the occasion of the crime. Likewise immaterial is the For example, in case of Robbery with Homicide101 wherein three (3) people died as a
fact that the victim of homicide is one of the robbers; the felony would still be robbery consequence of the crime, the heirs of the victims shall be entitled to the award of
with homicide. Once a homicide is committed by or on the occasion of the robbery, damages as discussed earlier. This is true, however, only if those who were killed
the felony committed is robbery with homicide. All the felonies committed by reason were the victims of the robbery or mere bystanders and not when those who died were
of or on the occasion of the robbery are integrated into one and indivisible felony of the perpetrators or robbers themselves because the crime of robbery with homicide
robbery with homicide. The word "homicide" is used in its generic sense. Homicide, may still be committed even if one of the robbers dies.102 This is also applicable in
thus, includes murder, parricide, and infanticide.97 robbery with rape where there is more than one victim of rape.

In the special complex crime of rape with homicide, the term "homicide" is to be In awarding civil indemnity and moral damages, it is also important to determine the
understood in its generic sense, and includes murder and slight physical injuries stage in which the crime was committed and proven during the trial. Article 6 of the
committed by reason or on occasion of the rape.98 Hence, even if any or all of the RPC provides:
circumstances (treachery, abuse of superior strength and evident premeditation)
alleged in the information have been duly established by the prosecution, the same Art. 6. Consummated, frustrated, and attempted felonies. - Consummated felonies, as
would not qualify the killing to murder and the crime committed by appellant is still well as those which are frustrated and attempted, are punishable.
rape with homicide. As in the case of robbery with homicide, the aggravating
circumstance of treachery is to be considered as a generic aggravating circumstance
A felony is consummated when all the elements necessary for its execution and
only. Thus we ruled in People v. Macabales:99
accomplishment are present; and it is frustrated when an offender performs all the acts
of execution which would produce the felony as a consequence but which,
Finally, appellants contend that the trial court erred in concluding that the aggravating nevertheless, do not produce it by reason of causes independent of the will of the
circumstance of treachery is present. They aver that treachery applies to crimes perpetrator.
against persons and not to crimes against property. However, we find that the trial
court in this case correctly characterized treachery as a generic aggravating, rather
There is an attempt when the offender commences the commission of a felony directly
than qualifying, circumstance. Miguel was rendered helpless by appellants in
by overt acts, and does not perform all the acts of execution which should produce the
defending himself when his arms were held by two of the attackers before he was
felony by reason of some cause or accident other than his own spontaneous
stabbed with a knife by appellant Macabales, as their other companions surrounded desistance.
them. In People v. Salvatierra, we ruled that when alevosia (treachery) obtains in the
As discussed earlier, when the crime proven is consummated and the penalty imposed Aside from those discussed earlier, the Court also awards temperate damages in
is death but reduced to reclusion perpetua because of R.A. 9346, the civil indemnity certain cases. The award of ₱25,000.00 as temperate damages in homicide or murder
and moral damages that should be awarded will each be ₱100,000.00 and another cases is proper when no evidence of burial and funeral expenses is presented in the
₱100,000.00 for exemplary damages or when the circumstances of the crime call for trial court.104 Under Article 2224 of the Civil Code, temperate damages may be
the imposition of reclusion perpetua only, the civil indemnity and moral damages recovered, as it cannot be denied that the heirs of the victims suffered pecuniary loss
should be ₱75,000.00 each, as well as exemplary damages in the amount of although the exact amount was not proved.105 In this case, the Court now increases
₱75,000.00. If, however, the crime proven is in its frustrated stage, the civil indemnity the amount to be awarded as temperate damages to ₱50,000.00.
and moral damages that should be awarded will each be ₱50,000.00, and an award of
₱25,000.00 civil indemnity and ₱25,000.00 moral damages when the crime proven is In the case at bar, the crimes were aggravated by dwelling, and the murders
in its attempted stage. The difference in the amounts awarded for the stages is mainly committed were further made atrocious by the fact that the victims are innocent,
due to the disparity in the outcome of the crime committed, in the same way that the defenseless minors – one is a mere 3½-year-old toddler, and the other a 13-year-old
imposable penalty varies for each stage of the crime. The said amounts of civil girl. The increase in the amount of awards for damages is befitting to show not only
indemnity and moral damages awarded in cases of felonies in their frustrated or the Court's, but all of society's outrage over such crimes and wastage of lives.
attempted stages shall be the bases when the crimes committed constitute complex
crime under Article 48 of the RPC. For example, in a crime of murder with attempted In summary:
murder, the amount of civil indemnity, moral damages and exemplary damages is
₱100,000.00 each, while in the attempted murder, the civil indemnity, moral damages
and exemplary damages is ₱25,000.00 each. I. For those crimes106 like, Murder,107 Parricide,108 Serious Intentional
Mutilation,109 Infanticide,110 and other crimes involving death of a victim
where the penalty consists of indivisible penalties:
In a special complex crime, like robbery with homicide, if, aside from homicide,
several victims (except the robbers) sustained injuries, they shall likewise be
indemnified. It must be remembered that in a special complex crime, unlike in a 1.1 Where the penalty imposed is death but reduced to reclusion
complex crime, the component crimes have no attempted or frustrated stages because perpetua because of RA 9346:
the intention of the offender/s is to commit the principal crime which is to rob but in
the process of committing the said crime, another crime is committed. For example, if a. Civil indemnity – ₱100,000.00
on the occasion of a robbery with homicide, other victims sustained injuries,
regardless of the severity, the crime committed is still robbery with homicide as the b. Moral damages – ₱100,000.00
injuries become part of the crime, "Homicide", in the special complex crime of
robbery with homicide, is understood in its generic sense and now forms part of the c. Exemplary damages – ₱100,000.00
essential element of robbery,103 which is the use of violence or the use of force upon
anything. Hence, the nature and severity of the injuries sustained by the victims must
1.2 Where the crime committed was not consummated:
still be determined for the purpose of awarding civil indemnity and damages. If a
victim suffered mortal wounds and could have died if not for a timely medical
intervention, the victim should be awarded civil indemnity, moral damages, and a. Frustrated:
exemplary damages equivalent to the damages awarded in a frustrated stage, and if a
victim suffered injuries that are not fatal, an award of civil indemnity, moral damages i. Civil indemnity – ₱75,000.00
and exemplary damages should likewise be awarded equivalent to the damages
awarded in an attempted stage. ii. Moral damages – ₱75,000.00

In other crimes that resulted in the death of a victim and the penalty consists of iii. Exemplary damages – ₱75,000.00
divisible penalties, like homicide, death under tumultuous affray, reckless imprudence
resulting to homicide, the civil indemnity awarded to the heirs of the victim shall be b. Attempted:
₱50,000.00 and ₱50,000.00 moral damages without exemplary damages being
awarded. However, an award of ₱50,000.00 exemplary damages in a crime of
homicide shall be added if there is an aggravating circumstance present that has been i. Civil indemnity – ₱50,000.00
proven but not alleged in the information.
ii. Exemplary damages – ₱50,000.00
 iii. Exemplary damages – ₱50,000.00 a. Civil indemnity – ₱50,000.00

2.1 Where the penalty imposed is reclusion perpetua, other b. Moral damages – ₱50,000.00
than the above-mentioned:
c. Exemplary damages – ₱50,000.00
a. Civil indemnity – ₱75,000.00
2.1 Where the penalty imposed is reclusion perpetua, other than the
b. Moral damages – ₱75,000.00 above-mentioned:

c. Exemplary damages – ₱75,000.00 a. Civil indemnity – ₱75,000.00

2.2 Where the crime committed was not consummated: b. Moral damages – ₱75,000.00

a. Frustrated: c. Exemplary damages – ₱75,000.00

i. Civil indemnity – ₱50,000.00 2.2 Where the crime committed was not consummated, but merely
attempted:
ii. Moral damages – ₱50,000.00
a. Civil indemnity – ₱25,000.00
iii. Exemplary damages – ₱50,000.00
b. Moral damages – ₱25,000.00
b. Attempted:
c. Exemplary damages – ₱25,000.00
i. Civil indemnity – ₱25,000.00
III. For Complex crimes under Article 48 of the Revised Penal Code where
ii. Moral damages – ₱25,000.00 death, injuries, or sexual abuse results, the civil indemnity, moral damages
and exemplary damages will depend on the penalty, extent of violence and
iii. Exemplary damages – ₱25,000.00 sexual abuse; and the number of victims where the penalty consists of
indivisible penalties:
II. For Simple Rape/Qualified Rape:
1.1 Where the penalty imposed is Death but reduced to reclusion
perpetua because of RA 9346:
1.1 Where the penalty imposed is Death but reduced to reclusion
perpetua because of RA 9346:
a. Civil indemnity – ₱100,000.00
a. Civil indemnity – ₱100,000.00
b. Moral damages – ₱100,000.00
b. Moral damages – ₱100,000.00
c. Exemplary damages – ₱100,000.00
c. Exemplary damages111 – ₱100,000.00
1.2 Where the penalty imposed is reclusion perpetua, other than the
above-mentioned:
1.2 Where the crime committed was not consummated but merely
attempted:112
a. Civil indemnity – ₱75,000.00
 b. Moral damages – ₱75,000.00 a. Civil indemnity – ₱50,000.00

c. Exemplary damages – ₱75,000.00 b. Moral damages – ₱50,000.00

The above Rules apply to every victim who dies as a result of the c. Exemplary damages – ₱50,000.00
crime committed. In other complex crimes where death does not
result, like in Forcible Abduction with Rape, the civil indemnity, 2.1 Where the penalty imposed is reclusion perpetua, other than the
moral and exemplary damages depend on the prescribed penalty and above-mentioned:
the penalty imposed, as the case may be.
a. Civil indemnity – ₱75,000.00
IV. For Special Complex Crimes like Robbery with Homicide,113 Robbery
with Rape,114 Robbery with Intentional Mutilation,115 Robbery with b. Moral damages – ₱75,000.00

Arson,116 Rape with Homicide,117 Kidnapping with Murder,118

c. Exemplary damages – ₱75,000.00
Carnapping with Homicide119 or Carnapping with Rape,120 Highway
Robbery with Homicide,121 Qualified Piracy,122 Arson with Homicide,123
Hazing with Death, Rape, Sodomy or Mutilation124 and other crimes with In Robbery with Intentional Mutilation, the amount of damages is
death, injuries, and sexual abuse as the composite crimes, where the penalty the same as the above if the penalty imposed is reclusion perpetua.
consists of indivisible penalties:
2.2 For the victims who suffered mortal/fatal wounds and could
1.1 Where the penalty imposed is Death but reduced to reclusion have died if not for a timely medical intervention, the following
perpetua because of RA 9346: shall be awarded:

a. Civil indemnity – ₱100,000.00 a. Civil indemnity – ₱50,000.00

b. Moral damages – ₱100,000.00 b. Moral damages – ₱50,000.00

c. Exemplary damages – ₱100,000.00 c. Exemplary damages – ₱50,000.00

In Robbery with Intentional Mutilation, the amount of damages is 2.3 For the victims who suffered non-mortal/non-fatal injuries:
the same as the above if the penalty imposed is Death but reduced to
reclusion perpetua although death did not occur. a. Civil indemnity – ₱25,000.00

1.2 For the victims who suffered mortal/fatal wounds125 and could b. Moral damages – ₱25,000.00
have died if not for a timely medical intervention, the following
shall be awarded: c. Exemplary damages – ₱25,000.00

a. Civil indemnity – ₱75,000.00 In Robbery with Physical Injuries,126 the amount of damages shall
likewise be dependent on the nature/severity of the wounds
b. Moral damages – ₱75,000.00 sustained, whether fatal or non-fatal.

c. Exemplary damages – ₱75,000.00 The above Rules do not apply if in the crime of Robbery with
Homicide, the robber/s or perpetrator/s are themselves killed or
1.3 For the victims who suffered non-mortal/non-fatal injuries: injured in the incident.1âwphi1
 Where the component crime is rape, the above Rules shall likewise VI. A. In the crime of Rebellion where the imposable penalty is reclusion
apply, and that for every additional rape committed, whether against perpetua and death occurs in the course of the rebellion, the heirs of those
the same victim or other victims, the victims shall be entitled to the who died are entitled to the following:129
same damages unless the other crimes of rape are treated as separate
crimes, in which case, the damages awarded to simple a. Civil indemnity – ₱100,000.00
rape/qualified rape shall apply.
b. Moral damages – ₱100,000.00
V. In other crimes that result in the death of a victim and the penalty consists
of divisible penalties, i.e., Homicide, Death under Tumultuous Affray,
c. Exemplary damages – ₱100,000.00130
Infanticide to conceal the dishonour of the offender,127 Reckless
Imprudence Resulting to Homicide, Duel, Intentional Abortion and
Unintentional Abortion, etc.: B. For the victims who suffered mortal/fatal wounds in the course of
the rebellion and could have died if not for a timely medical
intervention, the following shall be awarded:
1.1 Where the crime was consummated:
a. Civil indemnity – ₱75,000.00
a. Civil indemnity – ₱50,000.00
b. Moral damages – ₱75,000.00
b. Moral damages – ₱50,000.00
c. Exemplary damages – ₱75,000.00
1.2 Where the crime committed was not consummated, except those
crimes where there are no stages, i.e., Reckless Imprudence and
Death under tumultuous affray: C. For the victims who suffered non-mortal/non-fatal injuries:

a. Frustrated: a. Civil indemnity – ₱50,000.00

i. Civil indemnity – ₱30,000.00 b. Moral damages – ₱50,000.00

ii. Moral damages – ₱30,000.00 c. Exemplary damages – ₱50,000.00

b. Attempted: VII. In all of the above instances, when no documentary evidence of burial or
funeral expenses is presented in court, the amount of ₱50,000.00 as
temperate damages shall be awarded.
i. Civil indemnity – ₱20,000.00
To reiterate, Article 2206 of the Civil Code provides that the minimum amount for
ii. Moral damages – ₱20,000.00
awards of civil indemnity is P3,000.00, but does not provide for a ceiling. Thus,
although the minimum amount cannot be changed, increasing the amount awarded as
If an aggravating circumstance was proven during the trial, civil indemnity can be validly modified and increased when the present circumstance
even if not alleged in the Information,128 in addition to the warrants it.131
above mentioned amounts as civil indemnity and moral
damages, the amount of ₱50,000.00 exemplary damages
Prescinding from the foregoing, for the two (2) counts of murder, attended by the
for consummated; ₱30,000.00 for frustrated; and
ordinary aggravating circumstance of dwelling, appellant should be ordered to pay the
₱20,000.00 for attempted, shall be awarded.
heirs of the victims the following damages: (1) ₱100,000.00 as civil indemnity for
each of the two children who died; (2) ₱100,000.00 as moral damages for each of the
two victims; (3) another ₱100,000.00 as exemplary damages for each of the two
victims; and (4) temperate damages in the amount of ₱50,000.00 for each of the two
deceased. For the four (4) counts of Attempted Murder, appellant should pay Claudine Divina the following amounts for each of the two victims: (a)
₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages and ₱50,000.00 as ₱100,000.00 as civil indemnity; (b) ₱100,000.00 as moral damages; (c)
exemplary damages for each of the four victims. In addition, the civil indemnity, ₱100,000.00 as exemplary damages; and (d) ₱50,000.00 as temperate
moral damages, exemplary damages and temperate damages payable by the appellant damages.
are subject to interest at the rate of six percent (6%) per annum from the finality of
this decision until fully paid.132 (2) In Criminal Case No. 7702-G, the Court finds accused-appellant Ireneo
Jugueta GUILTY beyond reasonable doubt of four (4) counts of the crime of
Lastly, this Court echoes the concern of the trial court regarding the dismissal of the attempted murder defined and penalized under Article 248 in relation to
charges against Gilberto Estores and Roger San Miguel who had been identified by Article 51 of the Revised Penal Code, attended by the aggravating
Norberto Divina as the companions of appellant on the night the shooting occurred. circumstance of dwelling, and sentences him to suffer the indeterminate
Norberto had been very straightforward and unwavering in his identification of penalty of four (4) years, two (2) months and one (1) day of prision
Estores and San Miguel as the two other people who fired the gunshots at his family. correccional, as minimum, to ten (10) years and one (1) day of prision
More significantly, as noted by the prosecutor, the testimonies of Estores and San mayor, as maximum, for each of the four (4) counts of attempted murder. He
Miguel, who insisted they were not at the crime scene, tended to conflict with the is ORDERED to PAY moral damages in the amount of P50,000.00, civil
sworn statement of Danilo Fajarillo, which was the basis for the Provincial indemnity of P50,000.00 and exemplary damages of PS0,000.00 to each of
Prosecutor's ruling that he finds no probable cause against the two. Danilo Fajarillo's the four victims, namely, Norberto Divina, Maricel Divina, Elizabeth Divina
sworn statement said that on June 6, 2002, he saw appellant with a certain "Hapon" and Judy Ann Divina.
and Gilbert Estores at the crime scene, but it was only appellant who was carrying a
firearm and the two other people with him had no participation in the shooting (3) Accused-appellant Ireneo Jugueta is also ORDERED to PAY interest at
incident. Said circumstances bolster the credibility of Norberto Divina's testimony that the rate of six percent (6%) per annum from the time of finality of this
Estores and San Miguel may have been involved in the killing of his two young decision until fully paid, to be imposed on the civil indemnity, moral
daughters. damages, exemplary damages and temperate damages.

After all, such reinvestigation would not subject Estores and San Miguel to double (4) Let the Office of the Prosecutor General, through the Department of
jeopardy because the same only attaches if the following requisites are present: (1) a Justice, be FURNISHED a copy of this Decision. The Prosecutor General is
first jeopardy has attached before the second; (2) the first jeopardy has been validly DIRECTED to immediately conduct a REINVESTIGATION on the
terminated; and (3) a second jeopardy is for the same offense as in the first. In turn, a possible criminal liability of Gilbert Estores and Roger San Miguel regarding
first jeopardy attaches only (a) after a valid indictment; (b) before a competent court; this case. Likewise, let a copy of this Decision be furnished the Secretary of
(c) after arraignment; (d) when a valid plea has been entered; and (e) when the Justice for his information and guidance.
accused has been acquitted or convicted, or the case dismissed or otherwise
terminated without his express consent.133 In this case, the case against Estores and SO ORDERED.
San Miguel was dismissed before they were arraigned. Thus, there can be no double
jeopardy to speak of. Let true justice be served by reinvestigating the real DIOSDADO M. PERALTA
participation, if any, of Estores and San Miguel in the killing of Mary Grace and Associate Justice
Claudine Divina.
WE CONCUR:

WHEREFORE, the instant appeal is DISMISSED. The Decision of the Court of MARIA LOURDES P.A. SERENO
Appeals dated January 30, 2012 in CA-G.R. CR HC No. 03252 is AFFIRMED with Chief Justice

the following MODIFICATIONS:

ANTONIO T. CARPIO PRESBITERO J. VELASCO, JR.
(1) In Criminal Case No. 7698-G, the Court finds accused-appellant Ireneo Associate Justice Associate Justice

Jugueta GUILTY beyond reasonable doubt of two (2) counts of the crime of
murder defined under Article 248 of the Revised Penal Code, attended by the TERESITA J. LEONARDO-DE CASTRO ARTURO D. BRION
Associate Justice Associate Justice
aggravating circumstance of dwelling, and hereby sentences him to suffer
two (2) terms of reclusion perpetua without eligibility for parole under R.A.
LUCAS P. BERSAMIN MARIANO C. DEL CASTILLO
9346. He is ORDERED to PAY the heirs of Mary Grace Divina and
 Associate Justice Associate Justice

JOSE PORTUGAL PEREZ JOSE CATRAL MENDOZA

Associate Justice Associate Justice

On leave
BIENVENIDO L. REYES
ESTELA M. PERLAS-BERNABE*
Associate Justice
Associate Justice

No part
MARVIC M.V.F. LEONEN
FRANCIS H. JARDELEZA**
Associate Justice
Associate Justice

ALFREDO BENJAMIN S. CAGUIOA

Associate Justice

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above Decision had been reached in consultation
before the case was assigned to the writer of the opinion of the Court.

MARIA LOURDES P.A. SERENO

Chief Justice