Philippine Supreme Court Resolutions > Year 2010 > April 2010 Resolutions > [G.R. No. 184358 : April 19, 2010] PEOPLE OF THE PHILIPPINES V. EDGAR CAMAS, ET AL.; CALBARIO, ET AL. :

Quoted hereunder, for your information, is a resolution of the First Division of this Court dated 19 April 2010.

G.R. No. 184358 (PEOPLE OF THE PHILIPPINES v. EDGAR CAMAS, ET AL.; CALBARIO, ET AL.). - On the basis of the allegations, issues and arguments presented in the appeal, the Court resolves to DENY the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its challenged decision dated May 29, 2008 as to warrant the exercise of this Court's appellate jurisdiction in the case at bar.

However, in line with current jurisprudence, the following modifications as to the award of damages are made:

Criminal Case No. Q-95-60476

(1) In Criminal Case No. Q-95-60476, the award of P25,000.00 as actual damages for hospitalization and related expenses is deleted because there is no documentary evidence on record to substantiate such award.^[1] Jurisprudence instructs that an award of actual damages must be duly substantiated by receipts. There being no official receipts whatsoever to support the claim for reimbursement of hospitalization expenses, said claim must be denied.

Nonetheless, in lieu of actual damages, temperate, damages of P25,000.00 are granted, since Tito Conte undeniably incurred expenses during his confinement at the East Avenue Medical Center, although the exact amount cannot be proved with certainty.

(2) Also, in Criminal Case No. Q-95-60476, the amount of moral damages is reduced from P50,000.00 to P40,000.00,^[2] and exemplary damages in the amount of P20,000.00 are awarded since the qualifying circumstance of treachery is present.^[3]

Criminal Case No. Q-95-60477

(3) In Criminal Case No. Q-95-60477, the award of civil indemnity is increased from P50,000.00 to P75,000.00,^[4] while the amount of moral damages is reduced from P200,000.00 to P50,000.00.^[5] Also, exemplary  damages  in  the amount of P25,000.00  are  awarded since the qualifying circumstance of abuse of superior strength is present.^[6]

(4) However, in Criminal Case No. Q-95-60477, the award of P720,000.00 as actual damages for loss of net earning capacity is deleted, there being no documentary evidence on record to substantiate this award.^[7] The rule is that documentary evidence should be presented to support a claim for actual damages^[8] Although there may be exceptions to this rule,^[9] none is availing in the present case.

Nevertheless, since loss was actually established in this case, the Court grants temperate damages in the amount of P25,000.00 to the heirs of Roberto Ruado.^[10] Under Article 2224 of the New Civil Code, temperate or moderate damages may be recovered when the court finds that some pecuniary loss was suffered but its amount cannot be proved with certainty.

(5) Similarly, with respect to other compensatory damages in Criminal Case No. Q-95-60477, the award of P53,100.00 as actual damages for hospitalization and funeral expenses is deleted, there being no documentary evidence on record to substantiate this award.^[11] The rule is that competent evidence must be presented to support the claim for actual damages.^[12] In the case at bar, the widow of Ruado was able to produce only a receipt showing payment of P15,600.00 to a funeral parlor.^[3] Thus, in the absence of documentary proof to support the claim for compensatory damages, said claim must be denied, except to the extent of P15,600.00.

Nevertheless, in accordance with jurisprudence, the Court deems it proper to award temperate damages in the amount of P25,000.00, in lieu of the actual damages of a lesser amount.^[14] To rule otherwise would be anomalous and unfair because the victim's heirs who tried but succeeded in proving actual damages of an amount less than P25,000.00 would be in a worse situation than those who might have presented no receipts at all but would now be entitled to P25,000.00 temperate damages.^[15]

IN VIEW WHEREOF, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated May 29, 2008 of the Court of Appeals in CA-G.R. CR-H.C. No. 01503, finding appellant Leonardo Carinding Calbario, in Criminal Case No. Q-95-60476, guilty beyond reasonable doubt of frustrated murder, and AFFIRMS said Decision sentencing the appellant to suffer the indeterminate penalty often (10) years of prision mayor, as minimum, to fourteen (14) years and eight (8) months of reclusion temporal, as maximum; and, to pay Tito Conte P13,500.00 for loss of income during his period of incapacity, with the MODIFICATION that the award of P25,000.00 as actual damages for hospitalization and related expenses is hereby deleted, and in lieu thereof, appellant is ordered to pay Tito Conte temperate damages of P25,000.00; appellant is also ordered to pay Tito Conte moral damages in the reduced amount of P40,000.00, and exemplary damages in the amount of P20,000.00

The Court likewise ADOPTS the findings of fact and conclusions of law in the same Decision finding appellants Leonardo Carinding Calbario, Tomas Buenavente, Samuel Calbario and Roberto Cerdenia, in Criminal Case No. Q-95-60477, guilty beyond reasonable doubt of murder, and AFFIRMS said Decision sentencing each of them to suffer the penalty of reclusion perpetua, with the MODIFICATION that the appellants are ordered to pay the heirs of the late Roberto Ruado, represented by his widow Anecita Ruado, the following amounts: death indemnity in the increased amount of P75,000.00, moral damages in the reduced amount of P50,000.00, and exemplary damages in the amount of P25,000.00. The awards of P720,000.00 as actual damages for loss of net earning capacity, and P53,100.00 as actual damages for hospitalization and funeral expenses, are hereby deleted, and in lieu thereof, appellants are ordered to pay the heirs of the late Roberto Ruado, represented by his widow Anecita Ruado, temperate damages of P50,000.00.

WITNESS the Honorable Chief Justice Reynato S. Puno, Chairperson, Honorable Justice Conchita Carpio Morales, Working Chairperson, Honorable Justices Teresita Leonardo de Castro, Lucas P. Bersamin, and Martin S. Villarama, Jr., Members, First Division, this 19^th day of April 2010.

Endnotes:

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^[1] CA Rollo. p. 47. The RTC Decision itself states that Tito Conte lost his receipts.

^[2] People v. Mokammad, et al., G.R. No. 180594, August 19, 2009.

^[3] Id.

^[4] People v. Ranin, G.R. No. 173023, June 25, 2008; People v. Eling, G.R. No. 178546.. April 30, 2008.

^[5] Supra note 2.

^[6] People v. Talita, G.R. No. 184702, October 2, 2009; People v. Villasan, G.R. No.  176527. October 9, 2009.

^[7] CA Rollo. pp. 48-49.

^[8] Nueva Espa�a v. People, G.R. No. 163351, 21 June 2005.

^[9] Id.

^[10] Palaganas v. People, G.R. No. 165483. September 12, 2006.

^[11] CA Rollo, pp. 48-49. The sole documentary proof of actual expenses consists of an official receipt issued by Alfred Funeral Services dated October 25, 1994, for the amount of P15,600.00

^[12] People v. Ranin. Jr., G.R. No. 173023, June 25, 2008.

^[13] Supra, note 11.

^[14] People v. Werba, G.R. No. 144599, June 9, 2004; citing People v. Villanueva, G.R. No. 139177, August 11, 2003.

^[15] Id.