G.R. Nos. 154348-50 - PEOPLE OF THE PHILIPPINES, VS. PABLO DELA CRUZ.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the imposable penalty is prision mayor. Absent any mitigating or aggravating circumstance, the penalty should be applied in its medium period. Applying the Indeterminate Sentence Law, the minimum of the penalty to be imposed should be within the range of prision correccional , and the maximum of the penalty to be imposed should be within the range of prision mayor in its medium period. Hence, for the crime of Attempted Murder, appellant should be sentenced to suffer the penalty of imprisonment from Two (2) years, Four (4) months and One (1) day of prision correccional, as minimum, to Eight (8) years and One (1) day of prision mayor , as maximum. We now turn to the issue of damages. In the case involving Victoriano Francisco, we affirm the trial courts award of P50,000.00 as civil indemnity ex delicto in favor of Victorianos heirs, which award is mandatory and requires no proof other than the victims death. [34] While no actual damages may be awarded because no competent evidence in the form of receipts was presented, temperate damages may be recovered under Article 2224 of the Civil Code as the Court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty. Consistent with current jurisprudence, the amount of P25,000.00 is also awarded to Victorianos heirs considering that it is not disputed that the family incurred expenses for the wake and burial of the victim. [35] The award by the trial court of actual damages in the amount of P1,495.60 to Felipe Pajunar is supported by the evidence and must be affirmed. WHEREFORE, in view of the foregoing, the appealed decision of the Regional Trial Court of Dumaguete City, Negros Oriental, Branch 34 in Criminal Case Nos. 12445, 12446 and 12452, is MODIFIED. As modified, appellant Pablo Pablito dela Cruz is found guilty beyond reasonable doubt of the crime of Murder in Criminal Case No. 12445, and sentenced to suffer the penalty of reclusion perpetua . He is likewise adjudged to indemnify the heirs of the deceased, Victoriano Francisco, the sum of Fifty Thousand Pesos (P50,000.00) as civil indemnity ex delicto and Twenty Five Thousand Pesos (P25,000.00) as temperate damages. In Criminal Case No. 12446, appellant Pablo dela Cruz is likewise found guilty beyond reasonable doubt of the crime Attempted Murder for which he is sentenced to suffer the indeterminate penalty of imprisonment ranging from Two (2) years, Four (4) months and One (1) day of prision correccional, as minimum, to Eight (8) years and One (1) day of prision mayor, as maximum. He is likewise ordered to indemnify victim Felipe Pajunar the sum of One Thousand Four Hundred Ninety Five Pesos and Sixty Centavos (P1,495.60) as actual damages. In Criminal Case No. 12452, appellant Pablo dela Cruz is found guilty beyond reasonable doubt of the crime of Frustrated Murder, and sentenced to suffer the indeterminate penalty of imprisonment ranging from Eight (8) years and One (1) day of prision mayo