Plaintiff-Appellee vs. vs. Accused-Appellant: en Banc

EN BANC
[G.R. No. 202124. April 5, 2016.]
PEOPLE OF THE PHILIPPINES , plaintiff-appellee, vs. IRENEO

JUGUETA , accused-appellant.
DECISION
PERALTA , J : p
This resolves the appeal from the Decision 1 of the Court of Appeals (CA) dated
January 30, 2012 in CA-G.R. CR HC No. 03252. The CA af rmed the judgments of the
Regional Trial Court (RTC), Branch 61, Gumaca, Quezon, nding accused-appellant
Ireneo Jugueta y Flores guilty beyond reasonable doubt of Double Murder in Criminal
Case No. 7698-G and Multiple Attempted Murder in Criminal Case No. 7702-G.
In Criminal Case No. 7698-G, appellant was charged with Double Murder, de ned
and penalized under Article 248 of the Revised Penal Code, allegedly committed as
follows:
That on or about the 6th day of June 2002, at about 9:00 o'clock in the
evening, at 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 rearm, with intent to kill,
quali ed by treachery and evident premeditation, did then and there willfully,
unlawfully and feloniously attack, assault and shoot with said rearm Mary
Grace Divina, a minor, 13 years old, who suffered the following:
"Gunshot wound —
Point of Entry — lower abdomen, right, 2 cm. from the
midline and 6 cm. from the level of the umbilicus, directed upward
toward the left upper abdomen."
and Claudine Divina, a minor, 3 1/2 years of age, who suffered the following:
"Gunshot wound —
Point of Entry — 9th ICS along the mid-axillary line, right, 1
cm. diameter SDHTEC
Point of Exit — 7th ICS mid-axillary line, left;"

which directly caused their instant death.
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 commission of the offense.
Contrary to law. 2
In Criminal Case No. 7702-G, appellant, together with Gilbert Estores and Roger
San Miguel, was charged with Multiple Attempted Murder, allegedly committed as
follows:
That on or about 9:00 o'clock in the evening of 6th day of June, 2002, at
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Barangay Caridad Ilaya, Municipality of Atimonan, Province of Quezon,
Philippines and within the jurisdiction of this Honorable Court, the above-named
accused, conspiring and confederating together and mutually helping one
another, armed with short rearms of undetermined calibres, with intent to kill,
quali ed by treachery, with evident premeditation and abuse of superior
strength, did then and there wilfully, unlawfully and feloniously attack, assault,
and shoot with the said rearms the house occupied by the family of Norberto
Divina, thereby commencing the commission of the crime of Murder, directly by
overt acts, but did not perform all the acts of execution which 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
elementary pupils and who are minors, were not hit.
CONTRARY TO LAW. 3
Roger San Miguel, however, moved for reinvestigation of the case against them.
At 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
scene, but it was only appellant who was carrying a rearm 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, the
Provincial Prosecutor found no prima facie case against Gilbert Estores and Roger 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 as to
appellant. 5
At the trial, the prosecution presented the testimonies of Norberto Divina, the
victim, and Dr. Lourdes Taguinod who executed the Medico-Legal Certi cate and
con rmed 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 victims were at a higher location than the shooter, but she could not tell what
kind of ammunitions were used. 6
Norberto testi ed that the appellant is his brother-in-law. He recounted that in
the evening of June 6, 2002, as his entire family lay down on the oor of their one-room
nipa hut to sleep, the "sack" walling of their hut was suddenly stripped off, and only the
supporting bamboo (fences) remained. With the covering of the wall gone, the three (3)
men responsible for the deed came into view. Norberto clearly saw their faces which
were illuminated by the light of a gas lamp hanging in their small hut. Norberto
identi ed the 3 men as appellant, Gilbert Estores and Roger San Miguel. 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 pleaded with them,
saying, "Maawa kayo sa amin, matanda na ako at marami akong anak. Anong kasalanan
ko sa inyo?" Despite such plea for mercy, a gunshot was red, and Norberto
immediately threw his body over his children and wife in an attempt to protect them
from being hit. Thereafter, he heard successive gunshots being red in the direction
where his family huddled together in their hut. 7
When the volley of shots ceased and the three (3) men left, Norberto saw that his
two (2) young daughters were wounded. His wife went out of their house to ask for
help from neighbors, while he and his older daughter carried the two (2) wounded
children out to the street. His daughter Mary Grace died on the way to the hospital,
while Claudine expired at the hospital despite the doctors' attempts to revive her. 8
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 the fact that he (Norberto) led a case against appellant's two other
brothers for molesting his daughter. 9
On the other hand, appellant was only able to proffer denial and alibi as his
defense. Appellant's testimony, along with those of Gilbert Estores, Roger San Miguel,
Isidro San Miguel and Ruben Alegre, was that he (appellant) was just watching TV at the
house of Isidro San Miguel, where he had been living for several years, at the time the
shooting incident occurred. However, he and the other witnesses admitted that said
house was a mere five-minute walk away from the crime scene. 10
Finding appellant's defense to be weak, and ascribing more credence to the
testimony of Norberto, the trial court ruled that the evidence clearly established that
appellant, together with two other assailants, conspired to shoot and kill the family of
Norberto. Appellant was then convicted of Double Murder in Criminal Case No. 7698-G
and Multiple Attempted Murder in Criminal Case No. 7702-G.
The dispositive portion of the trial court's judgment in Criminal Case No. 7698-G
reads:
WHEREFORE and in view of all the foregoing, the Court nds accused
Ireneo Jugueta guilty beyond reasonable doubt for Double Murder de ned and
punished under Article 248 of the Revised Penal Code and is hereby sentenced
to suffer Reclusion Perpetua for the death of Mary Grace Divina and to
indemnify her heirs in the amount of Php50,000.00 and another to suffer
Reclusion Perpetua for the death of Claudine Divina and accused is further
ordered to indemnify the heirs of Claudine Divina in the sum of Php50,000.00. In
addition, he is hereby ordered to pay the heirs of the victims actual damages in
the amount of Php16,150.00 and to pay for the costs. AScHCD
SO ORDERED. 11
On the other hand, the dispositive portion of the trial court's judgment in Criminal
Case No. 7702-G, reads:
WHEREFORE and in view of all the foregoing, the Court nds accused
Ireneo Jugueta guilty beyond reasonable doubt for Multiple Attempted Murder
de ned and 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 of Prision Correccional as minimum to EIGHT (8) YEARS
and ONE (1) DAY of Prision Mayor as maximum for each of the offended
parties; Norberto Divina, Maricel Divina, Elizabeth Divina and Judy Ann Divina.
Further, accused is ordered to pay for the costs of the suit.
SO ORDERED. 12
Aggrieved by the trial court's judgments, appellant appealed to the CA. On
January 30, 2012, the CA rendered a Decision af rming appellant's conviction for the
crimes charged. 13
Dissatis ed with the CA Decision, appellant elevated the case to this Court. On
July 30, 2012, the Court issued a Resolution 14 notifying the parties that they may
submit their respective Supplemental Briefs. Both parties manifested that they will no
longer submit supplemental briefs since they had exhaustively discussed their
positions before the CA. 15
The main issue advanced in the Appellant's Brief deals with the inconsistencies in
Norberto's testimony, such as his failure to state from the beginning that all three
assailants had guns, and to categorically identify appellant as the one holding the gun
used to kill Norberto's children.
The appeal is unmeritorious.
At the outset, it must be stressed that factual ndings 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 ndings are to be given the
highest respect. Thus, generally, the Court will not recalibrate and re-examine evidence
that had been 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 nding, as af rmed
by the CA, that appellant acted in concert with two other individuals, all three of them
carrying rearms and simultaneously ring at Norberto and his family, killing his two
young daughters. Norberto clearly saw all of the three assailants with their rearms as
there is illumination coming from a lamp inside their house that had been laid bare after
its walling was stripped off, to wit:
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.
Q: What kind of light was there?
A: A gas lamp.
Q: Where was the gas lamp placed at that time?
A: In the middle of our house.
xxx xxx xxx
Q: when did they fire a shot?
A: On the same night, when they had stripped off the wallings.
Q: How many gunshots did you hear?
A: Only one.
Q: Do you know the sound of a gunshot? A firearm?
A: Yes, sir, it is loud? (sic)
xxx xxx xxx
Q: After the first shot, was there any second shot?
A: After that, successive re shot (sic) followed and my youngest and eldest
daughters were hit.
xxx xxx xxx
Q: How many of the three were holding guns at that time?
A: All of them.
Q: You mean to tell the honorable court that these three persons were having
one firearm each?
A: Yes, sir.
Q: And they fired shots at the same time?
A: Yes, sir.
Q: To what direction these three persons red (sic) their rearms during that
night? AcICHD
A: To the place where we were.

Q: Then those three persons were ring their respective rearms, what was
your position then?
A: I ordered my children to lie down.
Q: How about you, what was your position when you were ordering your
children to lie down?
A: (witness demonstrated his position as if covering his children with his
body and ordering them to line (sic) down face down)
Q: Mr. Witness, for how long did these three persons fire shots at your house?
A: Less than five minutes, sir.
Q: After they fired their shots, they left your house?
A: Yes, sir.
Q: And when these persons left your house, you inspected your children to see
what happened to them?
A: Yes, sir, they were hit.
xxx xxx xxx 17
Appellant and the two other malefactors are equally responsible for the death of
Norberto's daughters because, as ruled by the trial court, they clearly conspired to kill
Norberto's family. Conspiracy exists when two or more persons come to an agreement
regarding the commission of a crime and decide to commit it. Proof of a prior meeting
between the perpetrators to discuss the commission of the crime is not necessary as
long as their concerted acts reveal a common design and unity of purpose. In such
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 rearm. It is,
therefore, no longer necessary to identify and prove that it is the bullet particularly red
from appellant's firearm that killed the children.
Murder is de ned 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 treachery or evident premeditation. 19 The presence of any one of the circumstances
enumerated in Article 248 of the Code is suf cient to qualify a killing as murder. 20 The
trial court correctly ruled that appellant is liable for murder because treachery attended
the killing of Norberto's two children, thus:
. . . Evidence adduced show that the family of Norberto Divina, were all
lying down side by side about to sleep on June 6, 2002 at around 9:00 o'clock in
the evening, when suddenly their wall made of sack was stripped off by
[appellant] Ireneo Jugueta, 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 red at them having hit and killed his two (2) daughters.
The family of Norberto Divina were unarmed and his children were at very
tender ages. Mary Grace Divina and Claudine who were shot and killed were 13
years old and 3 1/2 years old respectively. In this case, the victims were
defenseless and manifestly overpowered by armed assailants when they were
gunned down. There was clear showing that the attack was made suddenly and
unexpectedly as to render the victims helpless and unable to defend
themselves. Norberto and his wife and his children could have already been
asleep at that time of the night. . . . 21
Verily, the presence of treachery quali ed the killing of the hapless children to
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
part. Minor children, who by reason of their tender years, cannot be expected to put up
a defense. When an adult person illegally attacks a child, treachery exists.
As to the charge of multiple attempted murder, the last paragraph of Article 6 of
the Revised Penal Code states that a felony is attempted when the offender
commences the commission of a felony directly by overt acts, and does not perform all
the acts of execution which should produce the felony by reason of some cause or
accident other than his own spontaneous desistance. In Esqueda v. People, 23 the Court
held:
If one in icts 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 victim, or frustrated or attempted homicide or frustrated
murder or attempted murder if the offender intends to kill the victim. Intent to kill
may be proved by evidence of: (a) motive; (b) the nature or number of weapons
used in the commission of the crime; (c) the nature and number of wounds
in icted on the victim; (d) the manner the crime was committed; and (e) the
words uttered by the offender at the time the injuries are in icted by him on the
victim.
In this case, the prosecution has clearly established the intent to kill on the part
of appellant as shown by the use of rearms, the words uttered 24 during, as well as the
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.:
In the case at bar, the perpetrators who acted in concert commenced the
felony of murder rst by suddenly stripping off the wall of their house, followed
by successive ring at the intended victims when Norberto Divina refused to go
out of the house as ordered by them. If only there were good in aiming their
target, not only Mary Grace 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 Divina but for Multiple Attempted Murder for
Norberto Divina, Maricel Divina, Elizabeth Divina and Judy Ann Divina. But as
[appellant] Ireneo Jugueta was the only one charged in this case, he alone is
liable for the crime committed. 25 TAIaHE
Meanwhile, the supposed inconsistencies in Norberto's testimony, i.e., that he

led to state from the very beginning that all three assailants were carrying rearms,
and that it was the shots from appellant's rearm that killed the children, are too trivial
and inconsequential to put a dent on said witness's credibility. An examination of
Norberto's testimony would show that there are no real inconsistencies to speak of. As
ruled in People v. Cabtalan , 26 "[m]inor inconsistencies and discrepancies pertaining to
trivial matters do not affect the credibility of witnesses, as well as their positive
identi cation of the accused as the perpetrators of the crime." 27 Both the trial court
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
reiterated in Medina, Jr. v. People 28 that:
Time and again, this Court has deferred to the trial court's factual
ndings and evaluation of the credibility of witnesses, especially when af rmed
by 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
revising such ndings and evaluation. This is because the trial court's
determination proceeds from its rst-hand opportunity to observe the demeanor
of the witnesses, their conduct and attitude under grilling examination, thereby
placing the trial court in unique position to assess the witnesses' credibility and
to appreciate their truthfulness, honesty and candor . . . . 29
The records of this case, particularly the testimonies of the witnesses, reveal no
outstanding or exceptional circumstance to justify a deviation from such long-standing
principle. There is no cogent reason to overturn the trial court's ruling that the
prosecution evidence, particularly the testimony of Norberto Divina identifying 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 the crime.
However, the Court must make a clari cation as to the nomenclature used by the
trial court to identify the crimes for which appellant was penalized. There is some
confusion caused by the trial court's use of the terms "Double Murder" and "Multiple
Attempted Murder" in convicting appellant, and yet imposing penalties which
nevertheless show that the trial court meant to penalize appellant for two (2) separate
counts of Murder and four (4) counts of Attempted Murder.
The facts, as alleged in the Information in Criminal Case No. 7698-G, and as
proven during trial, show that appellant is guilty of 2 counts of the crime of Murder and
not Double Murder, as the killing of the victims was not the result of a single act but of
several acts of appellant and his cohorts. In the same vein, appellant is also guilty of 4
counts of the crime of Attempted Murder and not Multiple Attempted Murder in
Criminal Case No. 7702-G. It bears stressing that the Informations in this case failed to
comply with the requirement in Section 13, Rule 110 of the Revised Rules of Court that
an information must charge only one offense.
As a general rule, a complaint or information must charge only one offense,
otherwise, the same is defective. The reason for the rule is stated in People of the
Philippines and AAA v. Court of Appeals, 21st Division, Mindanao Station, et al., 30 thus:
The rationale behind this rule prohibiting duplicitous complaints or
informations is to give the accused the necessary knowledge of the charge
against him and enable him to suf ciently prepare for his defense. The State
should not heap upon the accused two or more charges which might confuse
him in his defense. Non-compliance with this 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 quash before he
enters his plea, otherwise, the defect is deemed waived.
However, since appellant entered a plea of not guilty during arraignment and
failed to 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 assert any ground of a motion to quash before he pleads to the complaint
or information, either because he did not le a motion to quash or failed to allege the
same in said motion, shall be deemed a waiver of any objections except those based on
the grounds provided for in paragraphs (a), (b), (g), and (i) of Section 3 of this Rule."
It is also well-settled that when two or more offenses are charged in a single
complaint or information but the accused fails to object to it before trial, the court may
convict him of as many offenses as are charged and proved, and impose upon him the
proper penalty for each offense. 31 Appellant can therefore be held liable for all the
crimes alleged in the Informations in 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.
Meanwhile, in People v. Nelmida, 32 the Court explained the concept of a complex
crime as defined in Article 48 33 of the Revised Penal Code, thus:
In a complex crime, two or more crimes are actually committed, however,
in the eyes 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 rst is known as a compound crime, or when a single act constitutes
two or more grave or less grave felonies while the other is known as a complex
crime proper, or when an offense is a necessary means for committing the
other. The classic example of the rst kind is when a single bullet results in the
death of two or more persons. A different rule governs where separate and
distinct acts result in a number killed. Deeply rooted is the doctrine that when
various victims expire from separate shot, such acts constitute separate and
distinct crimes. 34
Here, the facts surrounding the shooting incident clearly show that appellant and
the two others, in ring successive and indiscriminate shots at the family of Norberto
from their respective rearms, intended to kill not only Norberto, but his entire family.
When several gunmen, as in this case, indiscriminately re a series of shots at 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 classified as a
complex crime because as held in People v. Nelmida , 35 "each act by each gunman
pulling the trigger of their respective rearms, aiming each particular moment at
different persons constitute distinct and individual acts which cannot give rise to a
complex crime." 36 cDHAES
Furthermore, the Court notes that both the trial court and the CA failed to take
into account dwelling as an ordinary, aggravating circumstance, despite the fact that
the Informations in Criminal Case Nos. 7698-G and 7702-G contain suf cient
allegations to that effect, to wit:
Criminal Case No. 7698-G for Double Murder:
That the crime was 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 commission of the offense. 37
Criminal Case No. 7702-G for Multiple Attempted Murder:
. . . the above-named accused, conspiring and confederating together and
mutually helping one another, armed with short rearms of undetermined
calibres, with intent to kill, quali ed by treachery, with evident premeditation and
abuse of superior strength, did then and there wilfully, unlawfully and
feloniously attack, assault, and shoot with the said rearms the house occupied
by the family of Norberto Divina, thereby commencing the commission of the
crime of Murder, directly by overt acts, but did not perform all the acts of
execution which would have produced it by reason of some cause or accident
other than the spontaneous desistance of the accused . . . 38
In People v. Agcanas , 39 the Court stressed that "[i]t has been held in a long line
of 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
is more guilty than he who offends him elsewhere." Dwelling aggravates a felony where
the crime is committed in the dwelling of the offended party provided that the latter has
not given provocation therefor. 40 The testimony of Norberto established the fact that
the group of appellant violated the victims' home by destroying the same and attacking
his entire family therein, without provocation on the part of the latter. Hence, the trial
court should have appreciated dwelling as an ordinary aggravating circumstance.
In view of the attendant ordinary aggravating circumstance, the Court must
modify the penalties imposed on appellant. Murder is punishable by reclusion perpetua
to death, thus, with an ordinary aggravating circumstance of dwelling, the imposable
penalty is death for each of two (2) counts of murder. 41 However, pursuant to 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 (2) counts of
murder without eligibility for parole. With regard to the four (4) counts of attempted
murder, the penalty prescribed for each count is prision mayor. With one 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 minimum
shall be taken from the penalty next lower in degree, i.e., prision correccional, in any of
its periods, or anywhere from six (6) months and one (1) day to six (6) years. This Court
nds it apt to impose on appellant the indeterminate penalty of four (4) years, two (2)
months and one (1) day of prision correccional, as minimum, to ten (10) years and one
(1) day of prision mayor, as minimum, for each of the four (4) counts of attempted
murder.
Anent the award of damages, the Court deems it proper to address the matter in
detail 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.
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
from other proven actual damages, which itself is equivalent to actual or compensatory
damages in civil law. 42 This award stems from Article 100 of the RPC which states,
"Every person criminally liable for a felony is also civilly liable."
It is to be noted that civil indemnity is, technically, not a penalty or a ne; hence, it
can be increased by the Court when appropriate. 43 Article 2206 of the Civil Code
provides:
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 circumstances. In addition:
(1) The defendant shall be liable for the loss of the
earning capacity of the deceased, and the indemnity shall be paid
to the heirs of the latter; such indemnity shall in every case be
assessed and awarded by the court, unless the deceased on
account of permanent physical disability not caused by the
defendant, had no earning capacity at the time of his death;
(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 the decedent's inheritance by the law of testate or
intestate succession, may demand support from the person
causing the death, for a period not exceeding ve years, the exact
duration to be fixed by the court; ASEcHI
(3) The spouse, legitimate and illegitimate descendants

and ascendants of the deceased may demand moral damages for
mental anguish by reason of the death of the deceased.
In our jurisdiction, civil indemnity is awarded to the offended party as a kind of
monetary restitution or compensation to the victim for the damage or infraction that
was done to the latter by the accused, which in a sense only covers the civil aspect.
Precisely, it is civil indemnity. Thus, in a crime where a person dies, in addition to the
penalty of imprisonment imposed to the offender, the accused is also ordered to pay
the victim a sum of money as restitution. Also, it is apparent from Article 2206 that the
law only imposes a minimum amount for awards of civil indemnity, which is P3,000.00.
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 can be validly
modified and increased when the present circumstance warrants it. 44
The second type of damages the Court awards are moral damages, which are
also compensatory in nature. Del Mundo v. Court of Appeals 45 expounded on the
nature and purpose of moral damages, viz.:
Moral damages, upon the other hand, may be awarded to compensate
one for manifold injuries such as physical suffering, mental anguish, serious
anxiety, besmirched reputation, wounded feelings and social humiliation. These
damages must be understood to be in the concept of grants, not punitive or
corrective in nature, calculated to compensate the claimant for the injury
suffered. Although incapable of exactness and no proof of pecuniary loss is
necessary in order that moral damages may be awarded, the amount of
indemnity being left to the discretion of the court, it is imperative, nevertheless,
that (1) injury must have been suffered by the claimant, and (2) such injury
must have sprung from any of the cases expressed in Article 2219 46 and Article
2220 47 of the Civil Code. . . . .
Similarly, in American jurisprudence, moral damages are treated as
"compensatory damages awarded for mental pain and suffering or mental anguish
resulting from a wrong." 48 They may also be considered and allowed "for resulting pain
and suffering, and for humiliation, indignity, and vexation suffered by the plaintiff as
result of his or her assailant's conduct, as well as the factors of provocation, the
reasonableness of the force used, the attendant humiliating circumstances, the sex of
the victim, [and] mental distress." 49
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 limits possible, of the spiritual status quo ante; and therefore, it must be
proportionate to the suffering inflicted." 50
Corollarily, moral damages under Article 2220 51 of the Civil Code also does not
x the amount of damages that can be awarded. It is discretionary upon the court,
depending on the mental anguish or the suffering of the private offended party. The
amount of moral damages can, in relation to civil indemnity, be adjusted so long as it
does not exceed the award of civil indemnity. 52
Finally, the Civil Code of the Philippines provides, in respect to exemplary
damages, thus:
ART. 2229. Exemplary or corrective damages are imposed, by way of
example or correction for the public good, in addition to the moral, temperate,
liquidated or compensatory damages.
ART. 2230. In criminal offenses, exemplary damages as a part of the
civil liability may be imposed when the crime was committed with one or more
aggravating circumstances. Such damages are separate and distinct from nes
and shall be paid to the offended party.
Also known as "punitive" or "vindictive" damages, exemplary or corrective
damages are intended to serve as a deterrent to serious wrong doings, and as a
vindication of 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 interchangeably. In common law, there is preference in the use of
exemplary damages when the award is to account for injury to feelings and for the
sense of indignity and humiliation suffered by a person as a result of an injury that has
been maliciously and wantonly in icted, 53 the theory being that there should be
compensation for the hurt caused by the highly reprehensible conduct of the defendant
— associated with such circumstances as willfulness, wantonness, malice, gross
negligence or recklessness, oppression, insult or fraud or gross fraud 54 — that
intensi es the injury. The terms punitive or vindictive damages are often used to refer
to those species of damages that may be awarded against a person to punish him for
his outrageous conduct. In either case, these damages are intended in good measure
to deter the wrongdoer and others like him from similar conduct in the future. 55
The term aggravating circumstances used by the Civil Code, the law not having
speci ed otherwise, is to be understood in its broad or generic sense. The commission
of an offense has a two-pronged effect, one on the public as it breaches the social
order and the other upon the private victim as it causes personal sufferings, each of
which is addressed by, respectively, the prescription of heavier punishment for the
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
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 party who
suffers thereby. It would make little sense for an award of exemplary 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 nature of an aggravating
circumstance is a distinction that should only be of consequence to the criminal, rather
than to the civil liability of the offender. In ne, relative to the civil aspect of the case, an
aggravating circumstance, whether ordinary or qualifying, should entitle the offended
party to an award of exemplary damages within the unbridled meaning of Article 2230
of the Civil Code. 56 ITAaHc
The reason is fairly obvious as to why the Revised Rules of Criminal Procedure 57
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
accused to be informed of the nature of the alleged offense that he or she has
committed. A criminal complaint or information should basically contain the elements
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 not
similar in the recovery of civil liability. In the civil aspect, the presence of an aggravating
circumstance, even if not alleged in the information but proven during trial would entitle
the victim to an award of exemplary damages.
Being corrective in nature, exemplary damages, therefore, can be awarded, not
only due to the presence of an aggravating circumstance, but also where the
circumstances of the case show the highly reprehensible or outrageous conduct of the
offender. In much the same way as Article 2230 prescribes an instance when
exemplary damages may be awarded, Article 2229, the main provision, lays down the
very basis of the 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 abusing their own daughters. Also, in People v. Cristobal , 59 the Court
awarded 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 People v. Neverio 61 and People v. Layco, Sr. , 62 the Court awarded
exemplary damages to set a public example, to serve as deterrent to elders who abuse
and corrupt the youth, and to protect the latter from sexual abuse.
Existing jurisprudence pegs the award of exemplary damages at P30,000.00, 63
despite the lack of any aggravating circumstance. The Court nds it proper to increase
the amount to P50,000.00 in order to deter similar conduct.
If, however, the penalty for the crime committed is death, which cannot be
imposed because of the provisions of R.A. No. 9346, prevailing jurisprudence 64 sets
the amount of P100,000.00 as exemplary damages.
Before awarding any of the above mentioned damages, the Court, however, must
rst consider the penalty imposed by law. Under RA 7659 or An Act to Impose the
Death 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
were amended to impose the death penalty under certain circumstances. 65 Under the
same law, the following crimes are punishable by reclusion perpetua: piracy in 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 quali ed bribery
under certain circumstances; 70 parricide; 71 murder; 72 infanticide, except when
committed by the mother of the child for the purpose of concealing her dishonor or
either of the maternal grandparents for the same purpose; 73 kidnapping and serious
illegal detention under certain circumstances; 74 robbery with violence against or
intimidation of persons under certain circumstances; 75 destructive arson, except when
death results as a consequence of the commission of any of the acts 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 the commission of the
carnapping or on the occasion thereof. 78 Finally, RA 7659 imposes the death penalty
on the following crimes:
(a) In quali ed bribery, when it is the public of cer who asks or demands the
gift or present.
b) In kidnapping and serious illegal detention: (i) when the kidnapping or
detention was committed for the purpose of extorting ransom from the victim or any
other person; (ii) when the victim is killed or dies as a consequence of the detention; (iii)
when the victim is raped, subjected to torture or dehumanizing acts.
(c) In destructive arson, when as a consequence of the commission of any of
the acts penalized under Article 320, death results.
(d) In rape: (i) when by reason or on occasion of the rape, the victim becomes
insane or homicide is committed; (ii) when committed with any of the following
attendant circumstances: (1) when the victim is under eighteen (18) years of age and
the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or
af nity within the third civil degree, or the common-law-spouse of the parent of the
victim; (2) when the victim is under the custody of the police or military authorities; (3)
when the rape is 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
religious or a child below seven years old; (5) when the offender knows that he is
af icted with Acquired Immune De ciency Syndrome (AIDS) disease; (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) when by reason or on the
occasion of the rape, the victim has suffered permanent physical mutilation.
From these heinous crimes, where the imposable penalties consist of two (2)
indivisible penalties or single indivisible penalty, all of them must be taken in relation to
Article 63 of the RPC, which provides:
Article 63. Rules for the application of indivisible penalties. — In all cases
in which the law prescribes a single indivisible penalty, it shall be applied by the
courts regardless of any mitigating or aggravating circumstances that may
have attended the commission of the deed. CHTAIc
In all cases in which the law prescribes a penalty composed of two indivisible
penalties, the following rules shall be observed in the application thereof:
1. when in the commission of the deed there is present only one
aggravating circumstance, the greater penalty shall be applied.
2. when there are neither mitigating nor aggravating circumstances in the
commission of the deed, the lesser penalty shall be applied.
3. when the commission of the act is attended by some mitigating
circumstance and there is no aggravating circumstance, the lesser penalty shall
be applied.
4. when both mitigating and aggravating circumstances attended the
commission of the act, the courts shall reasonably allow them to offset one
another in consideration of their number and importance, for the purpose of
applying the penalty in accordance with the preceding rules, according to the
result of such compensation. (Revised Penal Code, Art. 63)
Thus, in order to impose the proper penalty, especially in cases of indivisible
penalties, the court has the duty to ascertain the presence of any mitigating or
aggravating circumstances. Accordingly, in crimes where the imposable penalty is
reclusion perpetua to death, the court can impose either reclusion perpetua or death,
depending on the mitigating or aggravating circumstances present.
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 provides
that in lieu of the death penalty, the penalty of reclusion perpetua shall be imposed
when the law violated makes use of the nomenclature of the penalties of the RPC. 79
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, following the ruling in People v. Salome 80 and People v. Quiachon , 81 is "the
penalty provided by law or imposable for the offense because of its heinousness, not
the public penalty actually imposed on the offender." 82
When the circumstances surrounding the crime would justify the imposition of
the death penalty were it not for RA 9346, the Court has ruled, as early as July 9, 1998 in
People v. Victor , 83 that the award of civil indemnity for the crime of rape when
punishable by death should be P75,000.00. We reasoned that "[t]his is not only a
reaction to the apathetic societal perception of the penal law and the nancial
uctuations over time, but also an expression of the displeasure of the Court over the
incidence of heinous crimes against chastity." 84 Such reasoning also applies to all
heinous crimes found in RA 7659. The amount was later increased to P100,000.00. 85
In addition to this, the Court likewise awards moral damages. In People v.
Arizapa, 86 P50,000.00 was awarded as moral damages without need of pleading or
proving them, for in rape cases, it is recognized that the victim's injury is concomitant
with and necessarily results from the odious crime of rape to warrant per se the award
of moral damages. 87 Subsequently, the amount was increased to P75,000.00 in
People v. Soriano 88 and P100,000.00 in People v. Gambao. 89
Essentially, despite the fact that the death penalty cannot be imposed because
of RA 9346, the imposable penalty as provided by the law for the crime, such as those
found in RA 7569, must be used as the basis for awarding damages and not the actual
penalty imposed.
Again, for crimes where the imposable penalty is death in view of the attendance
of an ordinary aggravating circumstance but due to the prohibition to impose the death
penalty, the actual penalty imposed is reclusion perpetua, the latest jurisprudence 90
pegs the amount of P100,000.00 as civil indemnity and P100,0000.00 n as moral
damages. For the qualifying aggravating circumstance and/or the ordinary aggravating
circumstances present, the amount of P100,000.00 is awarded as exemplary damages
aside from civil indemnity and moral damages. Regardless of the attendance of
qualifying aggravating circumstance, the exemplary damages shall be xed at
P100,000.00. "[T]his is not only a reaction to the apathetic societal perception of the
penal law and the nancial uctuation over time, but also an expression of the
displeasure of the Court over the incidence of heinous crimes . . . ." 91
When the circumstances surrounding the crime call for the imposition of
reclusion perpetua only, there being no ordinary aggravating circumstance, the Court
rules that the proper amounts should be P75,000.00 as civil indemnity, P75,000.00 as
moral damages and P75,000.00 exemplary damages, regardless of the number of
qualifying aggravating circumstances present.
When it comes to compound and complex crimes, although the single act done
by the offender caused several crimes, the fact that those were the result of a single
design, the amount of civil indemnity and moral damages will depend on the penalty
and the 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 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 victim who dies, the heirs shall be indemni ed with P100,000.00 as civil
indemnity, P100,000.00 as moral damages and P100,000.00 as exemplary damages.
In case of a special complex crime, which is different from a complex crime
under Article 48 of the RPC, the following doctrines are noteworthy:
I n People of the Philippines v. Conrado Laog , 93 this Court ruled that
special complex crime, or more properly, a composite crime, has its own
de nition and special penalty in the Revised Penal Code, as amended. Justice
Regalado, in his Separate Opinion in the case of People v. Barros , 94 explained
that composite crimes are "neither of the same legal basis as nor subject to the
rules on complex crimes in Article 48 [of the Revised Penal Code], since they do
not consist of a single act giving rise to two or 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 rearms, only a
single penalty is imposed for each of such composite crimes although
composed of two or more offenses." 95 EATCcI
In People v. De Leon , 96 we expounded on the special complex crime of

robbery with homicide, as follows:
In robbery with homicide, the original criminal design of the
malefactor is to commit robbery, with homicide perpetrated on the
occasion or by reason of the robbery. The intent to commit
robbery must precede the taking of human life. The homicide may
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 intervening in the commission of the
crime that has to be taken into consideration. There is no such
felony of robbery with homicide through reckless imprudence or
simple negligence. The constitutive elements of the crime, namely,
robbery with homicide, must be consummated.
It is immaterial that the death would supervene by mere
accident; or that the victim of homicide is other than the victim of
robbery, or that two or more persons are killed, or 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 fact that the victim of homicide is one
of the robbers; the felony would still be robbery with homicide.
Once a homicide is committed by or on the occasion of the
robbery, the felony committed is robbery with homicide. All the
felonies committed by reason of or on the occasion of the robbery
are integrated into one and indivisible felony of robbery with
homicide. The word "homicide" is used in its generic sense.
Homicide, thus, includes murder, parricide, and infanticide. 97
In the special complex crime of rape with homicide, the
term "homicide" is to be understood in its generic sense, and
includes murder and slight physical injuries committed by reason
or on occasion of the rape. 98 Hence, even if any or all of the
circumstances (treachery, abuse of superior strength and evident
premeditation) alleged in the information have been duly
established by the prosecution, the same would not qualify the
killing to murder and the crime committed by appellant is still 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 only. Thus we ruled in People v.
Macabales: 99
Finally, appellants contend that the trial court erred in
concluding that the aggravating circumstance of treachery is
present. They aver that treachery applies to crimes against
persons and not to crimes against property. However, we nd that
the trial court in this case correctly characterized treachery as a
generic aggravating, rather than qualifying, circumstance. Miguel
was rendered helpless by appellants in defending himself when
his arms were held by two of the attackers before he was stabbed
with a knife by appellant Macabales, as their other companions
surrounded them. In People v. Salvatierra , we ruled that when
alevosia (treachery) obtains in the special complex crime of
robbery with homicide, such treachery is to be regarded as a
generic aggravating circumstance. Robbery with homicide is a
composite crime with its own de nition and special 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 circumstances proven concerning the actual
commission of the complex crime. Logically it could not qualify
the homicide to murder but, as generic aggravating circumstance,
it helps determine the penalty to be imposed. 100
Applying the above discussion on special complex crimes, if the penalty is death
but it cannot be imposed due to RA 9346 and what is actually imposed is the penalty of
reclusion perpetua, the civil indemnity and moral damages will be P100,000.00 each,
and another P100,000.00 as exemplary damages in view of the heinousness of the
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 P100,000.00 as civil
indemnity, P100,000.00 moral damages and P100,000.00 exemplary damages shall be
awarded for each composite crime committed.
For example, in case of Robbery with Homicide 101 wherein three (3) people died
as a consequence of the crime, the heirs of the victims shall be entitled to the award of
damages as discussed earlier. This is true, however, only if those who were killed were
the victims of the robbery or mere bystanders and not when those who died were the
perpetrators or robbers themselves because the crime of robbery with homicide may
still be committed even if one of the robbers dies. 102 This is also applicable in robbery
with rape where there is more than one victim of rape.
In awarding civil indemnity and moral damages, it is also important to determine
the stage in which the crime was committed and proven during the trial. Article 6 of the
RPC provides:
Art. 6. Consummated, frustrated, and attempted felonies. —
Consummated felonies, as well as those which are frustrated and attempted,
are punishable.
A felony is consummated when all the elements necessary for its
execution and 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, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance.
As discussed earlier, when the crime proven is consummated and the penalty
imposed is death but reduced to reclusion perpetua because of R.A. 9346, the civil
indemnity and moral damages that should be awarded will each be P100,000.00 and
another P100,000.00 for exemplary damages or when the circumstances of the crime
call for the imposition of reclusion perpetua only, the civil indemnity and moral
damages should be P75,000.00 each, as well as exemplary damages in the amount of
P75,000.00. If, however, the crime proven is in its frustrated stage, the civil indemnity
and moral damages that should be awarded will each be P50,000.00, and an award of
P25,000.00 civil indemnity and P25,000.00 moral damages when the crime proven is in
its attempted stage. The difference in the amounts awarded for the stages is mainly
due to the disparity in the outcome of the crime committed, in the same way that the
imposable penalty varies for each stage of the crime. The said amounts of civil
indemnity and moral damages awarded in cases of felonies in their frustrated or
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
murder, the amount of civil indemnity, moral damages and exemplary damages is
P100,000.00 each, while in the attempted murder, the civil indemnity, moral damages
and exemplary damages is P25,000.00 each.
In a special complex crime, like robbery with homicide, if, aside from homicide,
several victims (except the robbers) sustained injuries, they shall likewise be
indemni ed. It must be remembered that in a special complex crime, unlike in a
complex crime, the component crimes have no attempted or frustrated stages because
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 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 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 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 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 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 and exemplary damages should
likewise be awarded equivalent to the damages awarded in an attempted stage. CAacTH
In other crimes that resulted in the death of a victim and the penalty consists of
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
P50,000.00 and P50,000.00 moral damages without exemplary damages being
awarded. However, an award of P50,000.00 exemplary damages in a crime of homicide
shall be added if there is an aggravating circumstance present that has been proven but
not alleged in the information.
Aside from those discussed earlier, the Court also awards temperate damages in
certain cases. The award of P25,000.00 as temperate damages in homicide or murder
cases is proper when no evidence of burial and funeral expenses is presented in the
trial court. 104 Under Article 2224 of the Civil Code, temperate damages may be
recovered, as it cannot be denied that the heirs of the victims suffered pecuniary loss
although the exact amount was not proved. 105 In this case, the Court now increases
the amount to be awarded as temperate damages to P50,000.00.
In the case at bar, the crimes were aggravated by dwelling, and the murders
committed were further made atrocious by the fact of that the victims are innocent,
defenseless minors — one is a mere 3 1/2-year-old toddler, and the other a 13-year-old
girl. The increase in the amount of awards for damages is be tting to show not only the
Court's, but all of society's outrage over such crimes and wastage of lives.
In summary:
I. For those crimes 106 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:
1.1 Where the penalty imposed is death but reduced to reclusion perpetua
because of RA 9346:
a. Civil indemnity — P100,000.00
b. Moral damages — P100,000.00
c. Exemplary damages — P100,000.00
1.2 Where the crime committed was not consummated:
a. Frustrated:
i. Civil indemnity — P75,000.00
ii. Moral damages — P75,000.00
iii. Exemplary damages — P75,000.00
b. Attempted:
ii. Exemplary damages — P50,000.00
2.1 Where the penalty imposed is reclusion perpetua, other than the above-
mentioned:
2.2 Where the crime committed was not consummated:
a. Frustrated:
b. Attempted:
II. For Simple Rape/Qualified Rape:
1.1 Where the penalty imposed is Death but reduced to reclusion perpetua
because of RA 9346:
c. Exemplary damages 111 — P100,000.00
1.2 Where the crime committed was not consummated but merely
attempted: 112
a. Civil indemnity — P50,000.00 IAETDc

mentioned:
2.2 Where the crime committed was not consummated, but merely
attempted:
III. For Complex crimes under Article 48 of the Revised Penal Code where
death, injuries, or sexual abuse results, the civil indemnity, moral damages and
exemplary damages will depend on the penalty, extent of violence and sexual abuse;
and the number of victims where the penalty consists of indivisible penalties:
because of RA 9346:
mentioned:
The above Rules apply to every victim who dies as a result of the crime
committed. In other complex crimes where death does not result, like in Forcible
Abduction with Rape the civil indemnity, moral and exemplary damages depend on the
prescribed penalty and the penalty imposed, as the case may be.
IV.
For Special Complex Crimes like Robbery with Homicide, 113 Robbery with
Rape, 114 Robbery with Intentional Mutilation, 115 Robbery with Arson, 116 Rape with
Homicide, 117 Kidnapping with Murder, 118 Carnapping with Homicide 119 or
Carnapping with Rape, 120 Highway Robbery with Homicide, 121 Quali ed Piracy, 122
Arson with Homicide, 123 Hazing with Death, Rape, Sodomy or Mutilation 124 and other
crimes with death, injuries, and sexual abuse as the composite crimes, where the
penalty consists of indivisible penalties:
because of RA 9346:
In Robbery with Intentional Mutilation, the amount of damages is the same as the
above if the penalty imposed is Death but reduced to reclusion perpetua although death
did not occur.
1.2 For the victims who suffered mortal/fatal wounds 125 and could have
died if not for a timely medical intervention, the following shall be awarded:
1.3 For the victims who suffered non-mortal/non-fatal injuries:
mentioned:
In Robbery with Intentional Mutilation, the amount of damages is the same as the
above if the penalty imposed is reclusion perpetua.
2.2 For the victims who suffered mortal/fatal wounds and could have died if
not for a timely medical intervention, the following shall be awarded:
c. Exemplary damages — P50,000.00 DcHSEa
2.3 For the victims who suffered non-mortal/non-fatal injuries:

In Robbery with Physical Injuries, 126 the amount of damages shall likewise be
dependent on the nature/severity of the wounds sustained, whether fatal or non-fatal.
The above Rules do not apply if in the crime of Robbery with Homicide, the
robber/s or perpetrator/s are themselves killed or injured in the incident.
Where the component crime is rape, the above Rules shall likewise apply, and
that for every additional rape committed, whether against the same victim or other
victims, the victims shall be entitled to the same damages unless the other crimes of
rape are treated as separate crimes, in which case, the damages awarded to simple
rape/qualified rape shall apply.
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, Infanticide to
conceal the dishonour of the offender, 127 Reckless Imprudence Resulting to Homicide,
Duel, Intentional Abortion and Unintentional Abortion, etc.:
1.1 Where the crime was consummated:
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:
a. Frustrated:
b. Attempted:
If an aggravating circumstance was proven during the trial, even if not alleged in
the Information, 128 in addition to the above mentioned amounts as civil indemnity and
moral damages, the amount of P50,000.00 exemplary damages for consummated;
P30,000.00 for frustrated; and P20,000.00 for attempted, shall be awarded.
VI. A. In the crime of Rebellion where the imposable penalty is reclusion
perpetua and death occurs in the course of the rebellion, the heirs of those who died
are entitled to the following: 129
c. Exemplary damages — P100,000.00 130
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:
C. For the victims who suffered non-mortal/non-fatal injuries:
VII. In all of the above instances, when no documentary evidence of burial or
funeral expenses is presented in court, the amount of P50,000.00 as temperate
damages shall be awarded.
To reiterate, Article 2206 of the Civil Code provides that the minimum amount for
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 civil
indemnity can be validly modi ed and increased when the present circumstance
warrants it. 131
Prescinding from the foregoing, for the two (2) counts of murder, attended by
the ordinary aggravating circumstance of dwelling, appellant should be ordered to pay
the heirs of the victims the following damages: (1) P100,000.00 as civil indemnity for
each of the two children who died; (2) P100,000.00 as moral damages for each of the
two victims; (3) another P100,000.00 as exemplary damages for each of the two
victims; and (4) temperate damages in the amount of P50,000.00 for each of the two
deceased. For the four (4) counts of Attempted Murder, appellant should pay
P50,000.00 as civil indemnity, P50,000.00 as moral damages and P50,000.00 as
exemplary damages for each of the four victims. In addition, the civil indemnity, moral
damages, exemplary damages and temperate damages payable by the appellant are
subject to interest at the rate of six percent (6%) per annum from the nality of this
decision until fully paid. 132 SCaITA
Lastly, this Court echoes the concern of the trial court regarding the dismissal of
the charges against Gilberto Estores and Roger San Miguel who had been identi ed by
Norberto Divina as the companions of appellant on the night the shooting occurred.
Norberto had been very straightforward and unwavering in his identi cation of Estores
and San Miguel as the two other people who red the gunshots at his family. More
signi cantly, as noted by the prosecutor, the testimonies of Estores and San Miguel,
who insisted they were not at the crime scene, tended to con ict with the sworn
statement of Danilo Fajarillo, which was the basis for the Provincial Prosecutor's ruling
that he nds no probable cause against the two. Danilo Fajarillo's sworn statement said
that on June 6, 2002, he saw appellant with a certain "Hapon" and Gilbert Estores at the
crime scene, but it was only appellant who was carrying a rearm and the two other
people with him had no participation in the shooting incident. Said circumstances
bolster the credibility of Norberto Divina's testimony that Estores and San Miguel may
have been involved in the killing of his two young daughters.
After all, such reinvestigation would not subject Estores and San Miguel to
double jeopardy because the same only attaches if the following requisites are present:
(1) a rst jeopardy has attached before the second; (2) the rst jeopardy has been
validly terminated; and (3) a second jeopardy is for the same offense as in the rst. In
turn, a rst jeopardy attaches only (a) after a valid indictment; (b) before a competent
court; (c) after arraignment; (d) when a valid plea has been entered; and (e) when the
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
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 participation,
if any, of Estores and San Miguel in the killing of Mary Grace and Claudine Divina.
WHEREFORE , the instant appeal is DISMISSED . The Decision of the Court of
Appeals dated January 30, 2012 in CA-G.R. CR HC No. 03252 is AFFIRMED with the
following MODIFICATIONS:
(1) In Criminal Case No. 7698-G, the Court nds accused-appellant Ireneo
Jugueta GUILTY beyond reasonable doubt of two (2) counts of the crime of murder
de ned under Article 248 of the Revised Penal Code, attended by the aggravating
circumstance of dwelling, and hereby sentences him to suffer two (2) terms of
reclusion perpetua without eligibility for parole under R.A. 9346. He is ORDERED to
PAY the heirs of Mary Grace Divina and Claudine Divina the following amounts for each
of the two victims: (a) P100,000.00 as civil indemnity; (b) P100,000.00 as moral
damages; (c) P100,000.00 as exemplary damages; and (d) P50,000.00 as temperate
damages.
(2) In Criminal Case No. 7702-G, the Court nds accused-appellant Ireneo
Jugueta GUILTY beyond reasonable doubt of four (4) counts of the crime of
attempted murder de ned and penalized under Article 248 in relation to Article 51 of
the Revised Penal Code, attended by the aggravating circumstance of dwelling, and
sentences him to suffer the indeterminate penalty of four (4) years, two (2) months and
one (1) day of prision correccional, as minimum, to ten (10) years and one (1) day of
prision mayor, as maximum, for each of the four (4) counts of attempted murder. He is
ORDERED to PAY moral damages in the amount of P50,000.00, civil indemnity of
P50,000.00 and exemplary damages of P50,000.00 to each of the four victims, namely,
Norberto Divina, Maricel Divina, Elizabeth Divina and Judy Ann Divina. cHECAS
(3) Accused-appellant Ireneo Jugueta is also ORDERED to PAY interest at

the rate of six percent (6%) per annum from the time of nality of this decision until fully
paid, to be imposed on the civil indemnity, moral damages, exemplary damages and
temperate damages.
(4) Let the Of ce of the Prosecutor General, through the Department of
Justice, be FURNISHED a copy of this Decision. The Prosecutor General is DIRECTED
to immediately conduct a REINVESTIGATION on the possible criminal liability of
Gilbert Estores and Roger San Miguel regarding this case. Likewise, let a copy of this
Decision be furnished the Secretary of Justice for his information and guidance.
SO ORDERED.
Sereno, C.J., Carpio, Velasco, Jr., Leonardo-de Castro, Brion, Bersamin, Del
Castillo, Perez, Mendoza, Reyes, Leonen and Caguioa, JJ., concur.
Perlas-Bernabe, * J., is on leave.
Jardeleza, ** J., took no part.
Footnotes
* On leave.
** No part.
1. Penned by Associate Justice Jane Aurora T. Lantion, with Associate Justices Isaias P.
Dicdican and Rodil V. Zalameda, concurring; rollo, pp. 2-21.
2. Record, Vol. 1, pp. 2-3.
3. Record, Vol. II., p. 2.
4. Order of the Provincial Prosecutor, Record, Vol. I, pp. 12-14.

5. RTC Order, Record, Vol. II, pp. 66-67.
6. TSN, February 5, 2004, Folder of TSN's.
7. TSN, March 3, 2004, Folder of TSN's.
8. Id.
9. TSN, June 28, 2004, Folder of TSN's.

10. TSN's, February 10, 2005, April 7, 2005, February 15, 2006, August 3, 2006, September 6,
2006 and June 7, 2006.
11. Record, Vol. I, pp. 293-294.
12. Record, Vol. II, p. 131.

13. Supra note 1.
14. Rollo, p. 27.
15. Rollo, pp. 33-34.

16. People of the Philippines v. Renandang Mamaruncas, 680 Phil. 192, 211 (2012).
17. TSN, July 14, 2004, pp. 6-8.
18. People v. Nazareno, 698 Phil. 187, 193 (2012).
19. People v. Adviento, et al., 684 Phil. 507, 519 (2012).

20. Art. 248. Murder. — Any person who, not falling within the provisions of Article 246 shall
kill another, shall be guilty of murder and shall be punished by reclusion temporal in
its maximum period to death, if committed with any of the following attendant
circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, re, poison, explosion, shipwreck, stranding of a vessel,

derailment or assault upon a street car or locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an

earthquake, eruption of a volcano, destructive cyclone, epidemic or other public
calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
21. Supra note 11, at 287.
22. 468 Phil. 816, 840 (2004), citing People v. Bustamante ; 445 Phil. 345, 363-364 (2003);
People v. Magno, 379 Phil. 531, 554 (2000).
23. 607 Phil. 480, 505 (2009).
24. "Magdasal ka na at katapusan mo na ngayon."
25. Supra note 12, at 128-129.

26. 682 Phil. 164 (2012).
27. People v. Cabtalan, supra, at 168.
28. G.R. No. 161308, January 15, 2014, 713 SCRA 311.
29. Medina, Jr. v. People, supra, at 320.
30. G.R. No. 183652, February 25, 2015.

31. People of the Philippines and AAA v. Court of Appeals, 21st Division, Mindanao Station, et
al., supra.
32. 694 Phil. 529, 581 (2012).
33. Art. 48. Penalty for Complex Crimes — When a single act constitutes two or more grave or
less grave felonies, or when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be imposed, the same to be applied
in its maximum period.
34. People v. Nelmida, supra note 32, at 569-570. (Emphasis omitted)

35. Supra note 32.
36. People v. Nelmida, supra, at 570.
37. Supra note 2.
38. Supra note 3.

39. 674 Phil. 626, 635 (2011).
40. People v. Evangelio, 672 Phil. 229, 248-249 (2011).
41. Revised Penal Code, Art. 63, par. (1), provides, in part, that when the penalty consists of
two (2) indivisible penalties and is attended by one or more aggravating
circumstances, the greater penalty shall be applied, and in this case, the death
penalty shall be imposed.
42. People v. Combate , 653 Phil. 487, 504 (2010), citing People v. Victor , 354 Phil. 195, 209
(1998).
43. Corpuz v. People of the Philippines, G.R. No. 180016, April 29, 2014, 724 SCRA 1, 57.
44. Id. at 58-59.
45. G.R. No. 104576, January 20, 1995, 240 SCRA 348, 356-357.
46. Art. 2219. Moral damages may be recovered in the following and analogous cases:
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;

(3) Seduction, abduction, rape or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;

(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in Article 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parents of the female seduced, abducted, raped or abused, referred to in No. 3 of this
article, may also recover moral damages.
The spouse, descendants, ascendants, and brother and sisters may bring the action
mentioned in No. 9 of this article, in the order named.
47. Art. 2220. Willful injury to property may be a legal ground for awarding moral damages if
the court should nd that, under the circumstances, such damages are justly due.
The same rule applies to breaches of contract where the defendant acted
fraudulently or in bad faith.
48. Bagumbayan Corp. v. Intermediate Appellate Court , No. L-66274, September 30, 1984, 132
SCRA 441, 446.
49. 6A C.J.S. Assault § 68.

50. G.R. No. 160709, February 23, 2005, 452 SCRA 285, 296.
51. Art. 2220. Willful injury to property may be a legal ground for awarding moral damages if
the court should nd that, under the circumstances, such damages are justly due.
The same rule applies to breaches of contract where the defendant acted
fraudulently or in bad faith.
52. Lito Corpuz v. People of the Philippines, supra note 43, at 59.
53. People v. Dalisay , 620 Phil. 831, 844 (2009), citing People v. Catubig , 416 Phil. 102, 119
(2001), citing American Cent. Corp. v. Stevens Van Lines, Inc. , 103 Mich App 507, 303
NW2d 234; Morris v. Duncan , 126 Ga 467, 54 SE 1045; Faircloth v. Greiner , 174 Ga
app 845, 332 SE 2d 905; §731, 22 Am Jur 2d, p. 784; American Surety Co. v. Gold ,
375 F 2d 523, 20 ALR 3d 335; Erwin v. Michigan, 188 Ark 658, 67 SW 2d 592.
54. §762, 22 Am Jur 2d, pp. 817-818.

55. §733, 22 Am Jur 2d, p. 785; Symposium: Punitive Damages, 56 So Cal LR 1, November
1982.
56. People v. Catubig, supra note 53, at 119-120.
57. Rule 110 of the Rules of Court provides:
Sec. 8. Designation of the offense. — The complaint or information shall state the
designation of the offense given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and aggravating
circumstances . If there is no designation of the offense, reference shall be made to
the section or subsection of the statute punishing it. (Emphasis supplied)
Sec. 9. Cause of the accusations. — The acts or omissions complained of as constituting the
offense and the qualifying and aggravating circumstances must be stated
in ordinary and concise language and not necessarily in the language used in
the statute but in terms suf cient to enable a person of common
understanding to know what offense is being charged as well as its
qualifying and aggravating circumstances and for the court to pronounce
judgment. (Emphasis supplied)
58. G.R. Nos. 82223-24, November 13, 1992, 215 SCRA 613, 634.
59. 322 Phil. 551 (1996).
60. 617 Phil. 587 (2009).

61. 613 Phil. 507 (2009).
62. 605 Phil. 877 (2009).
63. People v. Abellera, 553 Phil. 307 (2007).

64. People v. Gambao, G.R. No. 172707, October 1, 2013, 706 SCRA 508, 533-534.
65. People v. Combate, supra note 41, at 509.
66. Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. — The
penalty of reclusion perpetua shall be in icted upon any person who, on the high
seas, or in Philippine waters, shall attack or seize a vessel or, not being a member of
its complement nor a passenger, shall seize the whole or part of the cargo of said
vessel, its equipment or passengers. The same penalty shall be in icted in case of
mutiny on the high seas or in Philippine waters.
67. Id.
68. Art. 335. When and how rape is committed. — Rape is committed by having carnal
knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.

The crime of rape shall be punished by reclusion temporal. . . .
69. Art. 123. Quali ed piracy. — The penalty of reclusion perpetua to death shall be imposed
upon those who commit any of the crimes referred to in the preceding article, under
any of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves or;
3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.
70. Art. 211-A. Qualified Bribery. — If any public of cer is entrusted with law enforcement and
he refrains from arresting or prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death in consideration of any offer, promise,
gift or present, he shall suffer the penalty for the offense which was not prosecuted. .
..
71. Art. 246. Parricide. — Any person who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse,
shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua
to death.
72. Art. 248. Murder. — Any person who, not falling within the provisions of Article 246 shall
kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to
death if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.
2. In consideration of a price, reward or promise.

3. By means of inundation, re, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall of an airship, or by means of motor
vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public
calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
73. Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder in
Article 248 shall be imposed upon any person who shall kill any child less than three
days of age.
74. Art. 267. Kidnapping and serious illegal detention. — Any private individual who shall
kidnap or detain another, or in any other manner deprive him of his liberty, shall
suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than three days.
2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been in icted upon the person kidnapped or
detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, except when the accused is any
of the parents, female or a public officer.
xxx xxx xxx
75. Art. 294. Robbery with violence against or intimidation of persons — Penalties. — Any
person guilty of robbery with the use of violence against or intimidation of any
person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the

robbery, the crime of homicide shall have been committed, or when the robbery shall
have been accompanied by rape or intentional mutilation or arson.
xxx xxx xxx.
76. Art. 320. Destructive Arson. — The penalty of reclusion perpetua to death shall be imposed
upon any person who shall burn:
1. One (1) or more buildings or edi ces, consequent to one single act of burning, or as a
result of simultaneous burnings, committed on several or different occasions.
2. Any building of public or private ownership, devoted to the public in general or where
people usually gather or congregate for a de nite purpose such as, but not limited to,
of cial governmental function or business, private transaction, commerce, trade,
workshop, meetings and conferences, or merely incidental to a de nite purpose such
as but not limited to hotels, motels, transient dwellings, public conveyances or stops
or terminals, regardless of whether the offender had knowledge that there are
persons in said building or edi ce at the time it is set on re and regardless also of
whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or
conveyance, or for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which
are devoted to the service of public utilities.
5. Any building the burning of which is for the purpose of concealing or destroying
evidence of another violation of law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance.
Irrespective of the application of the above enumerated qualifying circumstances, the
penalty of reclusion perpetua to death shall likewise be imposed when the arson is
perpetrated or committed by two (2) or more persons or by a group of persons,
regardless of whether their purpose is merely to burn or destroy the building or the
burning merely constitutes an overt act in the commission or another violation of
law.
The penalty of reclusion perpetua to death shall also be imposed upon any person who
shall burn:
1. Any arsenal, shipyard, storehouse or military powder or reworks factory,
ordnance, storehouse, archives or general museum of the Government.
2. In an inhabited place, any storehouse or factory of in ammable or explosive
materials.
xxx xxx xxx

77. Republic Act No. 7080 (1991), Sec. 2. De nition of the Crime of Plunder; Penalties. — Any
public of cer who, by himself or in connivance with members of his family, relatives
by af nity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or series
of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or
total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime
of plunder and shall be punished by reclusion perpetua to death. Any person who
participated with the said public of cer in the commission of an offense contributing
to the crime of plunder shall likewise be punished for such offense. In the imposition
of penalties, the degree of participation and the attendance of mitigating and
extenuating circumstances, as provided by the Revised Penal Code, shall be
considered by the court. The court shall declare any and all ill-gotten wealth and their
interests and other incomes and assets including the properties and shares of stocks
derived from the deposit or investment thereof forfeited in favor of the State.
78. Republic Act No. 6539 (1972), Sec. 14. Penalty for Carnapping. — Any person who is
found guilty of carnapping, as this term is de ned in Section Two of this Act, shall,
irrespective of the value of motor vehicle taken, be punished by . . . the penalty of
reclusion perpetua to death shall be imposed when the owner, driver or occupant of
the carnapped motor vehicle is killed or raped in the course of the commission of the
carnapping or on the occasion thereof.
79. RA 9346, Sec. 2.
80. 532 Phil. 368, 385 (2006).
81. 532 Phil. 414, 428 (2006).
82. See People v. Sarcia, 615 Phil. 97 (2009).

83. Supra note 41.
84. People v. Victor, supra, at 210.
85. People v. Gambao, supra note 64, at 533.

86. 384 Phil. 766 (2000).
87. People v. Arizapa, supra.
88. 436 Phil. 719 (2002).
89. Supra note 64.

90. People v. Gambao, supra note 64.
91. People v. Victor, supra note 42, at 210.
92. ARTICLE 48. Penalty for complex crimes. — When a single act constitutes two or more
grave or less grave felonies, or when an offense is a necessary means for committing
the other, the penalty for the most serious crime shall be imposed, the same to be
applied in its maximum period.
93. 674 Phil. 444 (2011).

94. 315 Phil. 314 (1995).
95. Id. at 338.
96. 608 Phil. 701 (2009).

97. People v. De Leon , supra, at 716-717, citing People v. Salazar , 342 Phil. 745, 765 (1997);
People v. Abuyen , G.R. No. 77285, September 4, 1992, 213 SCRA 569, 582; People v.
Ponciano, G.R. No. 86453, December 5, 1991, 204 SCRA 627, 639 and People v.
Mangulabnan, et al., 99 Phil. 992, 999 (1956).
98. People v. Nanas , 415 Phil. 683 (2001), citing People v. Penillos , G.R. No. 65673, January
30, 1992, 205 SCRA 546, 564 and People v. Sequiño, 332 Phil. 90 (1996).
99. 400 Phil. 1221 (2000).
100. People v. Macabales , supra, at 1236-1237, citing People v. Vivas , G.R. No. 100914, May
6, 1994, 232 SCRA 238, 242.
101. Art. 294. Robbery with violence against or intimidation of persons; Penalties. — Any
person guilty of robbery with the use of violence against or intimidation of any
person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the
robbery, the crime of homicide shall have been committed.
2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the
robbery shall have been accompanied by rape or intentional mutilation, or if by
reason or on occasion of such robbery, any of the physical injuries penalized in
subdivision 1 of Article 263 shall have been in icted; Provided, however, that when
the robbery accompanied with rape is committed with a use of a deadly weapon or
by two or more persons, the penalty shall be reclusion perpetua to death (As
amended by PD No. 767).
3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any
of the physical injuries penalized in subdivision 2 of the article mentioned in the next
preceding paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion temporal in its
medium period, if the violence or intimidation employed in the commission of the
robbery shall have been carried to a degree clearly unnecessary for the commission
of the crime, or when the course of its execution, the offender shall have in icted
upon any person not responsible for its commission any of the physical injuries
covered by sub-divisions 3 and 4 of said Article 263. (As amended by R.A. 18)
5. The penalty of prision correccional in its maximum period to prision mayor in its
medium period in other cases. (As amended by R.A. 18).
102. People v. De Leon, supra note 96; People v. Ebet, 649 Phil. 181 (2010).
103. Revised Penal Code, Art. 293. Who are guilty of robbery. — Any person who, with intent to
gain, shall take any personal property belonging to another, by means of violence
against or intimidation of any person, or using force upon anything, shall be guilty of
robbery.
104. People v. Tagudar , 600 Phil. 565, 590 (2009), citing People v. Dacillo , 471 Phil. 497, 510
(2004).
105. Id., citing People v. Surongon, 554 Phil. 448, 458 (2007).
106. Article 255, RTC.

110. Note that if the crime penalized in Article 255 [Infanticide] was committed by the mother
of the child for the purpose of concealing her dishonor, she shall suffer the penalty of
prision mayor in its medium and maximum periods, and if said crime was committed
for the same purpose by the maternal grandparents or either of them, the penalty
shall be reclusion temporal. (As amended by R.A. 7659). Hence, the damages to be
awarded should be the same as in Roman Numeral Number Five (V) of the summary,
i.e., In other crimes that result in the death of the victim and the penalty consists of
divisible, because the prescribed penalties are divisible.
111. Exemplary damages in rape cases are awarded for the inherent bestiality of the act
committed even if no aggravating circumstance attended the commission of the
crime.
112. There is no frustrated stage in the crime of rape.
113. Art. 294 (1), RPC.

114. Id.
115. Id.
116. Id.
117. Art. 266-A, RPC as amended by RA 8353.

118. Art. 267, RPC.
119. RA No. 6539.
120. Id.
121. P.D. 532.
122. Art. 123, RPC.
123. Art. 320, RPC.

124. RA No. 8049.
125. This is so because there are no stages of the component crime in special complex
crimes but the victims must be compensated as if the component crimes were
separately committed.
126. Art. 294 (3), RPC.
127. If the crime of infanticide in Art. 255 of the RPC was committed by the mother of the
child or by the maternal grandparent/s in order to conceal her dishonor, the penalties
against them are divisible, i.e., prision mayor in its medium and maximum periods,
and reclusion temporal, respectively.
128. See People v. Catubig, supra note 53.

129. Although the penalty prescribed by law is reclusion perpetua, the damages awarded
should be the same as those where the penalty is death due to the gravity of the
offense and the manner of committing the same.
130. In order to deter the commission of the crime of rebellion and serve as an example,
exemplary damages should be awarded.
131. Supra note 38.
132. See Dario Nacar v. Gallery Frames and/or Felipe Bordey, Jr. , G.R. No. 189871, August 13,
2013, 703 SCRA 439, 459.
133. Quiambao v. People, G.R. No. 185267, September 17, 2014, 735 SCRA 345, 356-357.
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EN BANC

[G.R. No. 202124. April 5, 2016.]

PEOPLE OF THE PHILIPPINES , plaintiff-appellee, vs. IRENEO

Point of Exit — 7th ICS mid-axillary line, left;"

A: To the place where we were.

Meanwhile, the supposed inconsistencies in Norberto's testimony, i.e., that he

(3) The spouse, legitimate and illegitimate descendants

In People v. De Leon , 96 we expounded on the special complex crime of

b. Moral damages — P50,000.00

2.3 For the victims who suffered non-mortal/non-fatal injuries:

(3) Accused-appellant Ireneo Jugueta is also ORDERED to PAY interest at

4. Order of the Provincial Prosecutor, Record, Vol. I, pp. 12-14.

9. TSN, June 28, 2004, Folder of TSN's.

12. Record, Vol. II, p. 131.

15. Rollo, pp. 33-34.

19. People v. Adviento, et al., 684 Phil. 507, 519 (2012).

3. By means of inundation, re, poison, explosion, shipwreck, stranding of a vessel,

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an

25. Supra note 12, at 128-129.

30. G.R. No. 183652, February 25, 2015.

34. People v. Nelmida, supra note 32, at 569-570. (Emphasis omitted)

38. Supra note 3.

(2) Quasi-delicts causing physical injuries;

(6) Illegal search;

49. 6A C.J.S. Assault § 68.

54. §762, 22 Am Jur 2d, pp. 817-818.

60. 617 Phil. 587 (2009).

63. People v. Abellera, 553 Phil. 307 (2007).

3. When the woman is under twelve years of age or is demented.

2. In consideration of a price, reward or promise.

2. If it shall have been committed simulating public authority.

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the

xxx xxx xxx

82. See People v. Sarcia, 615 Phil. 97 (2009).

85. People v. Gambao, supra note 64, at 533.

89. Supra note 64.

93. 674 Phil. 444 (2011).

96. 608 Phil. 701 (2009).

107. Article 248, RTC.

113. Art. 294 (1), RPC.

117. Art. 266-A, RPC as amended by RA 8353.

123. Art. 320, RPC.

128. See People v. Catubig, supra note 53.

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