G.R. No. 136299 - PEOPLE OF THE PHILIPPINES, VS. ZOILO MAGALLANES.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly be imposed. With regard to the civil indemnity, the trial court erred in awarding P50,000.00 only. We rule that the heirs of the victim of rape with homicide should be awarded the amount of P100,000.00. Current judicial policy has authorized the mandatory award of P50,000.00 in case of death, and P50,000.00 upon the finding of the fact of rape. [37] Thus, if homicide is committed by reason or on the occasion of the rape, indemnity in the amount of P100,000.00 is fully justified and properly commensurate with the seriousness of the said complex crime. As to moral damages, the Court deems it just and reasonable that in cases of rape with homicide, the heirs of the victim should be awarded the amount of P75,000.00. No actual damages were awarded by the trial court since the prosecution failed to prove any amount thereof. To be entitled to such damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party. [38] However, in accordance with our recent ruling in the case of People vs. Abrazaldo , [39] we hereby grant temperate damages in the amount of P25,000.00 on the ground that it was reasonable to expect that the family of the victim incurred expenses for the coffin, burial and food during the wake. [40] WHEREFORE, the Decision, dated October 15, 1998, of the Regional Trial Court of Ormoc City (Branch 35) in Criminal Case No. 4728-0 finding accused Zoilo Magallanes guilty beyond reasonable doubt of rape with homicide and imposing upon him the DEATH PENALTY is AFFIRMED with MODIFICATION that he is ordered to pay the heirs of AAA, the amount of One Hundred Thousand Pesos (P100,000.00) as civil indemnity in addition to Seventy Five Thousand Pesos (P75,000.00) as moral damages and Twenty Five Thousand Pesos (P25,000.00) as temperate damages. Upon the finality of this decision, and pursuant to Article 83 of the Revised Penal Code, as amended by Section 25 of Republic Act No. 7659, let the records of this case be forwarded to the Office of the President for possible exercise of the pardoning power. SO ORDERED.