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PEOPLE
OF THE PHILIPPINES,
G. R. No. L-30256
July 16, 1984
-versus-
AURELIO
ONAROSA,
RELOVA, J.:
Considering
that accused-appellant Aurelio Onarosa
died on January 26, 1984 and the findings of facts and of
accused-appellant's
guilt by the defunct Court of First Instance of Samar were confirmed by
this Court in its Decision of February 29, 1984 [which could not
produce
any legal effect insofar as the accused-appellant's criminal liability
is concerned by virtue of his prior death], the Court nevertheless
resolved
to exercise jurisdiction over the accused's civil liability [People vs.
Sendaydiego, 81 SCRA 120] since it has been duly established beyond
reasonable
doubt that said accused-appellant "was the assailant and the one
responsible
for the death of Juan Balagasay" [Decision, page 11], and the victim's
heirs not having reserved the right to file a separate civil action, it
would be a superfluity to compel them, at this late stage, to still
litigate
or file another suit for indemnity for his death.
ACCORDINGLY, in the interest of justice and in fairness to the heirs of the deceased-victim, Juan Balagasay, the accused-appellant's estate is hereby sentenced to indemnify the heirs of Juan Balagasay in the sum of P30,000.00. SO ORDERED. Teehankee,
Gutierrez, Jr., and De la Fuente, JJ.,
concur.
PLANA, J.,
Concurring:
It is utterly absurd to
require a civil suit
to prove by mere preponderance of evidence what, as here, has already
been
proved beyond reasonable doubt.
Accused-appellant
is sentenced to
indemnify
the heirs of Juan Balagasay in the sum of P30,000.00.
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