G.R. Nos. 127759-60 - PEOPLE OF THE PHILIPPINES, VS. PO3 NOEL FELICIANO, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

Accordingly, its sentence on appellant to suffer imprisonment from 12 years and one day as minimum to 14 years and eight months as maximum for the death of SPO4 Santiago Miguel is also erroneous. As in the killing of PO3 Arabejo, there was no aggravating circumstance present in the killing of SPO4 Miguel. Similarly, two mitigating circumstances exist, namely, passion and obfuscation and voluntary surrender. Thus, the imposable penalty is the same as that imposed for the wrongful death of PO3 Arabejo, which is from six years of prision correccional as minimum, to eight years and one day of prision mayor as maximum. Modifications on the damages awarded by the trial court are likewise in order. In Criminal Case No. 2211-142, the lower court ordered appellant to pay to the heirs of the late P/Insp. Edgardo Miguel P78,000.00 as actual damages and P500,000.00 as moral damages. However, only a receipt of the Basilan Memorial Chapel for P20,000.00 [55] was presented. Actual damages may only be awarded for expenses duly supported by receipts. [56] In this case then, actual damages should be only P20,000.00. Likewise, we find P500,000.00 for moral damages excessive. In line with prevailing jurisprudence, P50,000.00 should be adequate. [57] In addition, the sum of P50,000.00 as civil indemnity is also automatically awarded to the heirs without need of proof other than the fact of the commission of the crime. [58] In Criminal Case No. 2213-145, the trial court awarded the heirs of the late PO3 Roberto Arabejo P50,000.00 as actual damages and P250,000.00 as moral damages. The award of P50,000.00 for actual damages was not justified by receipts and must be deleted. In its place, an award of P10,000.00 as nominal damages is justified. The award of P250,000.00 for moral damages is likewise tempered to P50,000.00. In addition, the sum of P50,000.00 is awarded to the heirs as civil indemnity. In Criminal Case No. 2214-146, actual damages payable to the heirs of the late SPO4 Santiago Miguel was set by the trial court at P55,000.00. Again, no receipts substantiate this award for actual damages. As in Criminal Case No.2213-45, P10,000.00 by way of nominal damages is sufficient. [59] We agree with the trial court that since the late SPO4 Miguel's provocation led accused to commit these crimes, his heirs are not entitled to moral damages. They are, however, entitled to P50,000.00 as civil indemnity. WHEREFORE, the consolidated decision of the Regional Trial Court of Isabela, Basilan, Branch 1 in Criminal Cases Nos. 2211-142, 2213-145, and 2214-146, finding herein appellant PO3 NOEL FELICIANO, GUILTY beyond reasonable doubt for the wrongful deaths of P/Insp. Edgardo Miguel, PO3 Roberto Arabejo, and SPO4 Santiago Miguel, is AFFIRMED WITH MODIFICATION . Appellant NOEL FELICIANO is found GUILTY beyond reasonable doubt of MURDER for the killing of P/Insp. Edgardo Miguel, and he is sentenced to suffer the penalty of reclusion perpetua. For the killing of PO3 Roberto Arabejo