G.R. Nos. 128088 & 146639 - THE PEOPLE OF THE PHILIPPINES, VS. WILSON RONAS, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the imposable penalty for the crime of attempted murder, following Art. 51 of the Revised Penal Code, is prision correccional in its maximum period to prision mayor in its medium period. Applying the Indeterminate Sentence Law, the minimum of the penalty to be imposed should be within the range of arresto mayor in its maximum period to prision correccional in its medium period, and the maximum of the penalty to be imposed should be within the range of prision correccional in its maximum period to prision mayor in its medium period. Since no generic aggravating nor mitigating circumstance attended the commission of the crime of attempted murder, the penalty should be 2 years and 4 months of prision correccional , as minimum, and 8 years of prision mayor , as maximum. The award of damages should be modified. For the death of the victim Mariano Buenaventura, the trial court awarded P50,000.00 as indemnity and P100,000.00 as actual damages to the heirs of the victim. The award of P50,000.00 as indemnity is correct. But the award of P100,000.00 as actual damages must be deleted as there is no competent proof to support it, no receipts showing the expenses incurred during the wake and burial of the victim having been presented as required by Art. 2199 of the Civil Code. [27] Jose Buenaventura claimed that he lost the receipts for expenses in connection with Mariano's burial. Under Art. 2224, temperate damages may be recovered as it cannot be denied that the heirs suffered some pecuniary loss although the exact amount cannot be proved with certainty. [28] Hence, an award of P25,000.00 by way of temperate damages would be appropriate. In addition, the heirs of the victim are entitled to moral damages in the amount of P50,000.00. [29] The purpose of making such award is not to enrich the heirs of the victim but to compensate them for injuries to their feelings. [30] For the injuries sustained by Santiago Buenaventura, the trial court gave an award of P25,000.00 for actual damages. This should be deleted for lack of evidence to support it. However, the amount of P3,500.00 as temperate damages may be made in its place. WHEREFORE , the decision of the Regional Trial Court, Branch 23, Isabela, is AFFIRMED with the following modifications: In G.R. No. 146639 (Crim. Case No. 23-555), for the death of Mariano Buenaventura, accused-appellant is ordered to pay the heirs of the victim, in addition to the award of P50,000.00 as civil indemnity, the amounts of P50,000.00 as moral damages and P25,000.00 as temperate damages. The award of P100,000.00 as actual damages is deleted. In G.R. No. 128088 (Crim. Case No. 23-554), for the injuries sustained by Santiago Buenaventura, accused-appellant is found guilty of attempted murder and is sentenced to 2 years and 4 months of prision correccional , as minimum, and 8 years of prision mayor , as maximum, and to pay Santiago Buenaventura the amount of P3,500.00 as temperate damages. SO ORDERED.