PEOPLE OF THE PHILIPPINES Mandong, Batan, Aklan, together with

vs. her husband Danilo del Rosario, who

ULDARICO PANADO, RONIE was drinking liquor in their kitchen
PANADO, RONEL PANADO, with his friend Elmer Sison. Her 10-
JESSIE OQUENDO (At large), year old son Louie Gee was outside
JOHN PAUL ELESERIO (At large), playing in the yard. While going about
and JOHN DOE (At large) her household chores four (4) armed
ULDARICO PANADO, RONIE persons arrived and forthwith
PANADO AND RONEL PANADO surrounded their house. The intruders
were Uldarico Panado, Placido
G.R. No. 133439 | December 26, 2000 Panado, Jessie Oquendo and Lorenzo
| Bellosillo, J. de Pedro, although on cross-
examination Hilda mentioned only the
names of Uldarico, Placido and Jessie
FACTS: as she failed to recognize the fourth.
With a bolo in hand, Uldarico walked
The Information alleges that in the towards the front door while Ronie
afternoon of 28 June 1997 the above Panado challenged her husband
named accused in conspiracy with Danilo saying, "Danny go out, we will
JESSIE OQUENDO, JOHN PAUL fight."
ELESERIO and JOHN DOE armed
with assorted weapons, treacherously Meanwhile, Uldarico approached
and with abuse of superior strength, Danny in a threatening manner.
attacked and killed Danilo del Instinctively, Danny stood up from his
Rosario. perch and stepped back towards a
coconut plantation outside his house.
On 20 October 1997, after conducting But as he stepped out of his house he
a preliminary investigation, Assistant was encircled by Ronie, Ronel and
Provincial Prosecutor Freddie A. John Paul Eleserio. According to
Ofialda dismissed the case for Hilda, she heard Uldarico prodding
insufficiency of evidence against his companions to kill Danny who
Lorenzo de Pedro, who was initially continued to step backwards blindly
included in the charge sheet, but until he tripped over a barbed wire
found probable cause to hold for trial that sent him stumbling to the
accused Uldarico Panado and his ground. Uldarico then attacked his
three (3) sons Ronie, Ronel and fallen quarry with a bolo while Ronel
Placido, together with Jessie stabbed him with a knife. Ronie joined
Oquendo, John Paul Eleserio and one the fray by smashing Danilo’s left ear
John Doe. The trial court however did with a stone and Placido and Jessie
not acquire jurisdiction over the last made sure that their victim could not
three (3) named accused - Jessie escape. Hilda cried helplessly. When
Oquendo, John Paul Eleserio and John asked if she knew of any reason for
Doe - as their whereabouts remained the killing of her husband, she
unknown even as Uldarico and his surmised that it could be a long-
three (3) sons were arraigned. standing grudge between Danilo and
the Panados which started when the
Hilda del Rosario, a witness for the latter accused her husband of
prosecution, testified that at around conspiring with a certain Atty.
4:30 in the afternoon of 28 June 1997 Hernando Cortes to assassinate them.
she was in her house in Sitio Batuan,
In his defense, Placido Panado swore
that on 28 June 1997 he was fetched
by his Lola Francisca (Francisca ISSUE: Whether or not the
Cortez) at 9:00 o'clock in the morning award by the trial court for actual and
to repair the roof of her kitchen. He compensatory damages to the heirs of
started working at 2:00 o'clock in the the victim was proper
afternoon and finished at 6:00 o'clock
in the evening of the same day.
RULING:
Uldarico testified that at around 7:00
o'clock in the morning of the day of No, the award by the trial court for
the killing, he, together with his sons actual and compensatory damages
Ronie and Ronel, was at the residence was not proper.
of Juanito Panado renovating the
latter’s house. He recalled that on As regards damages, there is need to
that day they worked from 7:00 modify the award by the trial court. In
o'clock in the morning to 5:00 o'clock fixing the amount of P50,000.00 for
in the afternoon. Although they actual or compensatory damages, it
finished their work at 5:00 o'clock, appears to have been based on the
they stayed a bit longer because it claim of the widow that the heirs
was payday and they still had to incurred burial and funeral expenses.
discuss with Juanito certain matters But Art. 2199 of the Civil Code
concerning their next work schedule. explicitly requires that, except as
provided by law or by stipulation, one
The trial court rendered the assailed is entitled only to such pecuniary loss
Decision finding Uldarico, Ronie and as he has duly proved. In the instant
Ronel guilty of murder and sentencing case, aside from the assertion of the
each to reclusion perpetua and to pay widow that he spent P9,000.00 for the
the heirs of their victim P50,000.00 coffin of the deceased, no
for actual and compensatory damages documentary evidence was presented
plus the costs. Placido Panado to prove that burial or funeral
however was acquitted for lack of expenses were actually incurred.
sufficient evidence while the case However, from her own testimony she
against accused Jessie Oquendo, John claimed that the receipt for the
Paul Eleserio and John Doe was purchase of the coffin was delivered
archived for failure of the court to to the Social Security System (SSS) to
acquire jurisdiction over their support her claim for reimbursement.
persons. In fact, according to her, she was
expecting to be reimbursed
Explaining its Decision the lower P12,000.00 for her funeral expenses.
court opined that prosecution The amount should more than make
witnesses Hilda del Rosario, her 10- up for the P9,000.00 she allegedly
year old son Louie Gee, and Elmer spent for the coffin of her husband.
Sison clearly and positively showed With regard to her other funeral
the circumstances regarding the expenses, the widow failed to prove
death of Danilo del Rosario and the them with competent evidence.
persons who inflicted the injuries that
caused his death. The alibi of the Nonetheless, the heirs are entitled to
accused was rejected in view of the damages for the loss of earning
positive identification of the accused. capacity of the deceased Danilo del
Rosario. The absence of documentary about emotional pain and anguish on
evidence to support such claim does the part of the victims family. It is
not preclude its recovery. The inherently human to suffer sorrow,
testimony of the victim’s wife, Hilda torment, pain and anger when a loved
del Rosario, as to the earning capacity one becomes the victim of a violent or
of her husband during his lifetime brutal killing. Such violent death or
sufficiently cures this deficiency. brutal killing not only steals from the
Danilo del Rosario was thirty-seven family of the deceased his precious
(37) years old at the time of his death. life, deprives them forever of his love,
His average income as fishpond affection and support, but often leaves
caretaker was P3,000.00 a month. them with the gnawing feeling that an
Hence, in accordance with the injustice has been done to them. For
American Expectancy Table, the loss this reason, moral damages must be
of earning capacity must be computed awarded even in the absence of any
as follows: 2/3 multiplied by (80 minus allegation and proof of the heirs'
age of the deceased). Since Danilo emotional suffering. Verily, Hilda and
was 37 years of age at the time of his her son Louie Gee would forever carry
death, then his life expectancy was the emotional wounds of the vicious
28.66 years. Thus – killing of a husband and a father. With
or without proof, this fact can never
Net Earning = Life x Gross - be denied; since it is undisputed, it
Reasonable & must be considered proved.
Capacity (x) Expectancy Annual
Necessary
Income Living Expenses

(x) = 2(80-37) x (P36,000 - P18,000)

3

(x) = 28.66 x P18,000

(x) = P 514,800.00

On the award of moral damages, this

Court is convinced that the
prosecution has amply demonstrated
that the heirs suffered mental anguish
to justify this award. Current
jurisprudence has set moral damages
at P50,000.00. Nonetheless, we deem
it proper to rethink our policy on
moral damages.

Unlike in the crime of rape, we grant

moral damages in murder or homicide
only when the heirs of the victim have
alleged and proved mental suffering.
However, as borne out by human
nature and experience, a violent death
invariably and necessarily brings