People vs.

Murcia Facts: Murcia was charged w/ arson (burned residential home of Quilates, which caused her death, as well as burning 9 other houses) and frustrated homicide (attack and stab Manlupig) Murcia is the adopted son of the victim He and his brothers-in-law were drinking, had an argument Smoke. Stabbed Quilates and Manlupig. One of the brothers-in-law saw Murcia burning clothes and boxes in the sala Manlupig brought to the hospital 12 Eulogio estimated the value of his house at P250,000.00, while another sister of Felicidad, Pacita Quilates, presented a receipt covering the burial expenses for Felicidad, amounting to P10,000.00 Murcia denied setting house on fire RTC: guilty of arson and frustrated homicide, for arson: Php50,000.00 as moral damages; Php50,000.00 as death indemnity; Php10,000.00 as actual damages and another Php10,000.00 as temperate damages, accused is ordered to indemnify Eulogio Quilates the amount of P250,000.00, representing the value of the burned house; for frustrated homicide: Php10,000.00 as temperate damages CA affirmed TC ruling With respect to the heirs of Felicidad (Quilates), We modify the amount of temperate damages from P10,000.00 to P 25,000.00, and accordingly delete the amount of actual damages, in line with the ruling in 33 People v. Villanueva. In said case, the Court held that when actual damages proven by receipts during the trial amount to less than P25,000.00, the award of temperate damages for P25,000.00 is justified in lieu of actual damages of a lesser amount. Anent the actual damages awarded to Eulogio amounting to P250,000.00, as indemnification for the burned house, We note that said amount representing the value of the burned house was merely given by Eulogio as an estimate. It was not substantiated by any document or receipt. For one to be entitled to actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and the best evidence obtainable by the injured part Instead, We award temperate damages in accordance with Art. 2224 of the Civil Code, providing that temperate damages may be recovered when the court finds that some pecuniary loss has been suffered 36 but its amount cannot, from the nature of the case, be proven with certainty. It is thus reasonable to expect that the value of the house burned down amounted to at least P200,000.00

Held:

People vs. Villanueva Facts: Villanueva and friends went to Brabantes store to drink, asked if they can stay until 5am, no because they were unruly When charged P35 for cover charges, they got mad, older brother Orland told them not to create trouble, V said he will return and kill somebody Other brother, Otoleo (the victim) went to store to buy balut Villanueva stabbed Otoleo. Dead. RTC: guilty, murder; pay P50,000.00 for the death of the victim, indemnify the heirs of the victim in the amount of P600,000.00 actual damages, P1,000,000.00 in loss of earning and to pay the cost of the proceedings However, we do not find the grant of P600,000 for actual damages to be properly substantiated by evidence. The trial court based its award mainly on the testimony of the victims mother and on the submitted list of expenses allegedly incurred in connection with the death, wake and burial of the victim. The award of actual damages may not be made on the basis alone of a handwritten enumeration of the supposed expenses incurred 33 The recent case of People vs. Abrazaldo allows the grant of temperate damages in the amount of P25,000 if there is no evidence of burial and funeral expenses. This is in lieu of actual damages as it would be unfair for the victims heirs to get nothing, despite the death of their kin, for the reason alone that they cannot produce any receipts. We also ruled there that temperate and actual damages are mutually exclusive in that both may not be awarded at the same time, hence, no temperate damages may be granted if actual damages have already been granted 34 In the present case, only the amount of P13,100 was supported by receipts. Ordinarily, this is all Otoleo Brabantes heirs should be entitled to by way of actual damages. However, we find this anomalous and unfair because the victims heirs who tried but succeeded in proving actual damages to the extent of P13,100 only, would be in a worse situation than, say, those who might have presented no receipts at all but would now be entitled to P25,000 temperate damages We therefore rule that when actual damages proven by receipts during the trial amount to less than P25,000, as in this case, the award of temperate damages for P25,000 is justified in lieu of actual damages of a lesser amount. Conversely, if the amount of actual damages proven exceeds P25,000, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted. Likewise, we cannot sustain the grant of P1,000,000 for loss of earnings. No document whatsoever was submitted to support such an award. The indemnification for loss of earning capacity partakes of the nature 35 of actual damages, which must be duly proven. In this case, Rita Binay-an, mother of the victim, merely declared that her son was a second lieutenant in the Philippine Marines but gave no statement of her sons

Held:

monthly salary. Thus, the trial court simply presumed the amount of Otoleos earnings. Since the prosecution did not present any evidence of the current income of the victim, the indemnity for lost earnings was speculative and must be rejected People vs. Abrazaldo Facts: Abrazaldo was intoxicated, tried to hack his uncle, but stabbed post of house instead Reported to authorties, Brgy Tanods came (one of them was victim Delfin Guban) Abrazaldo was leaving the house of uncle w/ blood oozing from his forehead Guban tried to assist Abrazaldo, but they ended up shouting and grappling Abrazaldo took out his knife, stabbed Guban. Dead. Gregorio Guban, the victims father, testified that he was the one who spent for his sons funeral expenses. 10 11 For the burial, he spent P10,000.00; for the 10-day funeral wake, P10,000.00; for the 9th day novena, 12 13 P3,000.00; and for the hospitalization, P4,000.00, or a total of P27,000.00 Defense version: Guban was the one who was drunk, it was just an accident, self-defense RTC: guilty, murder; pay an indemnity of P50,000.00 to the heirs of the deceased Delfin Guban. Accused is also ordered to pay the heirs of the deceased Delfin Guban the total sum of P27,000.00 as actual expenses, plus costs Homicide On the trial courts award of actual damages in the amount of P27,000.00, we find the same to be unsubstantiated. 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 47 injured party. In the case at bar, the prosecution failed to present any receipt to prove the claim for 48 expenses incurred. Gregorio Guban, the father of the victim, who shouldered the expenses for the wake 49 and burial failed to submit receipts to show the amount of such expenses. However, as the heirs of Guban did actually incur funeral expenses, we are justified in awarding P25,000.00, not for purposes of indemnification, but by way of temperate damages Thus, we now hold that where the amount of the actual damages cannot be determined because of the absence of receipts to prove the same, but it is shown that the heirs are entitled thereto, temperate damages may be awarded. Such temperate damages, taking into account the current jurisprudence fixing the indemnity for death at P 50,000.00, should be one-half thereof, or P25,000.00. This makes temperate damages equal to the award of exemplary damages, which is likewise fixed at P25,000.00 in cases where its award is justified

Held: