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8 People v Oandasan Jr. 1.

During the day of the murder, Oandasan was in Cavite and


G.R. No. 194605 | June. 14, 2016 | J. Bersamin reported to work from 7AM to 5PM. To bolster this, he
presented a time record sheet and an employment
Topic: Concept of Actual or Compensatory Damages certificate.
2. Oandasan said that he and Cutaran had a misunderstanding
Summary: The defendant murdered 3 people. He presented an when he worked in Navarro Construction, the same
alibi that was overturned by positive identification of a witness. The company that the Cutaran worked in.
Court also appreciated the aggravating circumstance of treachery 3. Oandasan said that he caught Cutaran stealing sacks of
which the lower court did not do. In deciding on the damages to be cement and prevented them from doing so. Then, Cutaran
imposed to the defendant, the Court outlined the jurisprudential plotted to kill him.
history of the value of death indemnity. The Court also outlines 4. Another alleged witness, Escobar, stated that the man who
pertinent provisions in determining the value of death indemnity. shot the victims was shorter in stature than defendant
Oandasan.
Doctrine: The Court can change the value of death indemnity
according to the value of the currency at the time the judgement is Issues:
rendered. Also please read the Court’s spiel about death indemnity 1. Whether or not the alibi of Oandasan overcomes the
at the lower part of the digest. witness’ positive identification of him?
2. Whether or not treachery was an attendant circumstance in
Facts: each murder?
As gathered by the Court of Appeals 3. Important: What is the amount of damages that is
1. Edgardo Tamanu, Danilo Montegrico, and Mario Paleg were proper for the indemnification of the victims and their
shot by Oandasan while they were having a drinking spree heirs?
with witness Ferdinand Cutaran.
2. Danilo Montegrico and Edgardo Tamanu (murder) died while Ratio:
Mario Paleg survived (frustrated murder due to timely 1. No.
medical intervention). a. As stated by the Court of Appeals: In the case at bar,
3. Two other witnesses were present during the commission of appellant failed to prove the element of physical
the crime. impossibility for him to be at the scene of the crime
at the time it took place. His alibi that he was in
As alibi presented by defendant Oandasan Cavite and the employment certificate and time
record sheet which he presented cannot prevail over
the positive and categorical testimonies of the
prosecution witnesses. The following amounts were determined by the court.
b. Alibi is the weakest defense not only because it is 1) To the heirs of Danilo Montegrico, civil indemnity of
inherently weak and unreliable, but also because it P75,000.00; moral damages of P75,000.00; exemplary
is easy to fabricate. It is generally rejected when damages of P75,000.00; and temperate damages of
the accused is positively identified by a witness. P50,000.00;
2) To the heirs of Edgardo Tamanu, civil indemnity of
2. Yes. P75,000.00; moral damages of P75,000.00; exemplary
a. The following requisites for the appreciation of the damages of P75,000.00; and temperate damages of
aggravating circumstance treachery is present in the P50,000.00; and
case. These requisites are a) that the means of 3) To Mario Paleg, civil indemnity of P50,000.00; moral
execution employed gave the person attacked no damages of P50,000.00; exemplary damages of
opportunity to defend themselves, and b) that such P50,000.00; and temperate damages of P25,000.00.
means of execution were deliberately adopted by
the accused without danger to his person. This is justified by the following arguments.
b. Even though it is contested that the witnesses did 1) Historically, the threshold of death indemnity was set at
not directly see the shooting of the two other victims, P3,000 as the least amount and P75,000 pesos as the most
it is sufficiently established by circumstantial amount. In recent times, the Court had set death indemnity
evidence. The court decides on the sufficientness of at P50,000 and P75,000 in different instances.
the quantity of circumstances for every case1. (reproduced below)
a) This is due to the consideration of the difference of
3. Keep reading. the value of currency between the time of
In determining the value of damages with regard to promulgation of the Civil Code and the modern times
crimes of murder, the following provisions is as stated in People v Pantoja.
considered by the Court. 2) Temperate damages should be awarded to the heirs of the
1) Art. 2206 of the Civil Code murdered for the interment of the deceased, and to the
2) Art. 2202 of the Civil Code preceded by Section 1 of injured for hospitalization fees (basis: People v Jugueta).
Commonwealth Act 284 3) Moral damages are awarded even without proof or
(reproduced below) allegation if the victim dies as a result of the crime (basis
missing, the case says it is a “matter of law”)
1 Jurisprudential basis
4) Art 2230 authorizes the award of exemplary damages if an It is again timely to raise the civil indemnity for death arising
aggravating circumstance is present. from crime or quasi-delict. We start by reminding that human life,
which is not a commodity, is priceless.The value of human life is
Addendum incalculable, for no loss of life from crime or quasi-delict canever be
Article 2206. The amount of damages for death caused by a crime justly measured. Yet, the law absolutely requires every injury,
or quasi-delict shall be at least three thousand pesos, even though especially loss of life, to be compensated in the form of damages.
there may have been mitigating circumstances. In addition: For this purpose, damages may be defined as the pecuniary
(1) The defendant shall be liable for the loss of the earning compensation, recompense, or satisfaction for an injury
capacity of the deceased, and the indemnity shall be paid to the sustained, or, as otherwise expressed, the pecuniary
heirs of the latter; such indemnity shall in every case be assessed consequences that the law imposes for the breach of some
and awarded by the court, unless the deceased on account of duty or the violation of some right. As such,damages refer to
permanent physical disability not caused by the defendant, had the amount in money awarded by the court as a remedy for
no earning capacity at the time of his death; the injured. 61 Although money has been accepted as the most
(2) If the deceased was obliged to give support frequently used means of punishing, deterring, compensating and
according to the provisions of article 291, the recipient who is not regulating injury throughout the legal system, it has been
an heir called to the decedent's inheritance by the law of testate or explained that money in the context of damages is not
intestate succession, may demand support from the person causing awarded as are placement for other money, but as substitute
the death, for a period not exceeding 6ve years, the exact duration for that which is generally more important than money; it is the
to be fixed by the court; best thing that a court can do. Regardless, the civil indemnity for
(3) The spouse, legitimate and illegitimate descendants death, being compensatory in nature, must attune to
and ascendants of the deceased may demand moral damages for contemporaneous economic realities; otherwise, the desire to
mental anguish by reason of the death of the deceased. justly indemnify would be thwarted or rendered meaningless.
This has been the legislative justification for pegging the
Article 2202. In crimes and quasi-delicts, the defendant shall be minimum, but not the maximum, of the indemnity.
liable for all damages which are the natural and probable
consequences of the act or omission complained of. It is not
necessary that such damages have been foreseen or could have
reasonably been foreseen by the defendant.

Court’s spiel about death indemnity (please read)