G.R. NO. 157057 - LEONIDAS EPIFANIO Y LAZARO, VS. PEOPLE OF THE PHILIPPINES, PROMULGATED:. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the imposable penalty for the crime of attempted murder, following Article 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 or mitigating circumstance attended the commission of the crime of attempted murder, the penalty should be two (2) years and four (4) months of prision correccional , as minimum; and eight (8) years of prision mayor , as maximum. Anent the award of P6,000.00 as damages, the Court notes that the receipts showing the expenses incurred during Crisaldo's hospitalization amounted only to P853.50. [32] As a general rule, a party seeking the award of actual damages must produce competent proof or the best evidence obtainable to justify such award. [33] Only substantiated and proven expenses will be recognized in court. Nonetheless, in lieu of actual damages, the Court grants temperate damages of P6,000.00, as it cannot be denied that Crisaldo incurred expenses during his three-week stay in the provincial hospital, although the exact amount cannot be proved with certainty. [34] WHEREFORE, the Decision dated July 5, 1994 of the Regional Trial Court, Branch 4, Panabo, Davao in Criminal Case No. 91-15 is MODIFIED to the effect that petitioner is found GUILTY of ATTEMPTED MURDER and is sentenced to suffer an indeterminate imprisonment of 2 years and 4 months of prision correccional , as minimum, and 8 years of prision mayor, as maximum together with the accessory penalties provided by law; and petitioner is ordered to indemnify Crisaldo Alberto the sum of P6,000.00 as temperate damages, and costs. SO ORDERED.