People vs. Bagnate

PEOPLE VS. BAGNATE

FACTS: Amado Bagnate was found guilty of murder in Criminal Case No. T-2874 for killing his grandmother, Aurea Brona and rape with homicide in Criminal Case No. T-2875 for killing and raping his niece, Rosalie Rayala. Accused was convicted on the strength of his extra- judicial confession. The RTC, aside from the punishment of death penalty awarded P50,000.00 each to the victim.

ISSUE: W/N the grant of damages is correct.

RULING: The award of civil indemnity is separate and distinct from the award of moral damages, which is based on a different jural foundation and assessed by the court in the exercise of sound discretion. Considering that the prosecution failed to show any proof that the heirs of Aurea Broña are entitled to moral damages, the same may not be awarded. In accordance with Article 2230 of the Civil Code, exemplary damages may be awarded in criminal cases as part of the civil liability if the crime was committed with one or more aggravating circumstances. Considering the generic aggravating circumstances of disregard of age of the victim and dwelling, the award of P25,000.00 as exemplary damages is in order.
The Court, however, has to modify the award of civil indemnity in favor of the heirs of Rosalie Rayala. Recent rulings increased the amount of civil indemnity in cases of rape with homicide to P100,000.00. The heirs of Rosalie must be awarded the amount of P75,000.00 as moral damages without need of proof, in view of the rape suffered by victim Rosalie. Considering that the crime of rape was committed inside the dwelling of the victim, exemplary damages in the amount of P25,000.00 should likewise be awarded to the heirs of Rosalie.
The Court finds that the heirs of both Aurea and Rosalie should be awarded the amount of P54,259.00 as actual damages in view of the admission made by the defense that the family of Aurea and Rosalie incurred expenses in said amount.
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