December 2007 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2007 > December 2007 Resolutions >
[G.R. No. 168443 : December 04, 2007] PEOPLE OF THE PHILIPPINES V. AMADOR PIZARROY DANIEL :
[G.R. No. 168443 : December 04, 2007]
PEOPLE OF THE PHILIPPINES V. AMADOR PIZARROY DANIEL
Sirs/Mesdames:
Quoted hereunder; for your information, is a resolution of the Court En Banc datedDecember 4, 2007
G.R. No. 168443. - (PEOPLE OF THE PHILIPPINES v. AMADOR PIZARRO y DANIEL)
Considering the allegations, issues and arguments adduced in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show reversible error in the assailed decision to warrant the exercise of this Court's discretionary appellate jurisdiction.
We note that the trial court and the Court of Appeals allowed the award of actual damages in the amount of P2,828,882.00[1] because the amount was stipulated upon the course of the trial. Although the general rule is that actual damages must be pleaded and proven in court, and be based on the evidence presented, article 2199 of the Civil Code allows he award of actual damages when it is stipulated by the parties. PEA v. Ganac-Chu, G.R. No. 145291 (Sept. 21,2005). The award is therefore proper.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated 31 January 2005 of the Court of Appeals in CA-G.R. CR-H.C. No. 00109, finding appellant Amador Pizarro y Daniel guilty beyond reasonable doubt of murder, and affirms that the penalty imposed is reclusion perpetua, pursuant to Republic Act No. 9346. The accused is further sentenced to pay the heirs of the victim actual damages in the total amount of P2,828,882.00, broken down as follows: (a) PI30,425.00 for funeral service; (b) P2,000,000.00 for the purchase price of cemetery lot; (c) P470,000.00 for the construction of mausoleum; (d) P108,000.00 for expenses incurred during the wake; and (e) P112,457.00 for hospital bills and other medical expenses. He is also ordered to pay the heirs of Jose Go P50,000.00 as civil indemnity for death, and P50,000.00 as moral damages, and to pay costs of suit.
G.R. No. 168443. - (PEOPLE OF THE PHILIPPINES v. AMADOR PIZARRO y DANIEL)
Considering the allegations, issues and arguments adduced in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show reversible error in the assailed decision to warrant the exercise of this Court's discretionary appellate jurisdiction.
We note that the trial court and the Court of Appeals allowed the award of actual damages in the amount of P2,828,882.00[1] because the amount was stipulated upon the course of the trial. Although the general rule is that actual damages must be pleaded and proven in court, and be based on the evidence presented, article 2199 of the Civil Code allows he award of actual damages when it is stipulated by the parties. PEA v. Ganac-Chu, G.R. No. 145291 (Sept. 21,2005). The award is therefore proper.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated 31 January 2005 of the Court of Appeals in CA-G.R. CR-H.C. No. 00109, finding appellant Amador Pizarro y Daniel guilty beyond reasonable doubt of murder, and affirms that the penalty imposed is reclusion perpetua, pursuant to Republic Act No. 9346. The accused is further sentenced to pay the heirs of the victim actual damages in the total amount of P2,828,882.00, broken down as follows: (a) PI30,425.00 for funeral service; (b) P2,000,000.00 for the purchase price of cemetery lot; (c) P470,000.00 for the construction of mausoleum; (d) P108,000.00 for expenses incurred during the wake; and (e) P112,457.00 for hospital bills and other medical expenses. He is also ordered to pay the heirs of Jose Go P50,000.00 as civil indemnity for death, and P50,000.00 as moral damages, and to pay costs of suit.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
Endnotes:
[1] Broken down as follows: P130,425.00 for funeral services; P2,000,000.00 for purchase price of cemetery lot; P470,000.00 for the construction of mausoleum; P108,000.00 for expenses incurred during the wake; and P112,457.00 for hospital bills and other medical expenses.
