GR 29058; (January, 1970) (Digest)
G.R. No. L-29058 January 30, 1970
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TOMAS LACANDAZO, et. al., FELIZARDA SANDOVAL, mother of the offended party and appellant.
FACTS
Tomas Lacandazo and Alexander Lacandazo were charged with murder and frustrated forcible abduction of Matilde Sandoval in the Court of First Instance of Palawan. After trial upon a plea of not guilty, they were convicted only of “homicide through simple negligence.” The trial court sentenced Tomas Lacandazo to imprisonment and to indemnify the heirs of the deceased in the amount of Six Thousand Pesos (P6,000.00). Felizarda Sandoval, mother of the deceased, appealed the decision solely regarding the amount of civil indemnity, contending it should be increased to Twelve Thousand Pesos (P12,000.00) or more in line with later Supreme Court decisions. The case was submitted for decision without any brief from the defendants.
ISSUE
Whether the civil indemnity awarded by the trial court should be increased from P6,000.00 to P12,000.00.
RULING
Yes. The Supreme Court modified the decision, increasing the civil indemnity to P12,000.00, to be paid jointly and severally by Tomas Lacandazo and Alexander Lacandazo. The Court considered the circumstances of the case, particularly the trial court’s finding that it “could not believe that the shooting was accidental under the circumstances testified to by the accused Tomas Lacandazo.” The increased indemnity aligns with the Court’s later decisions on the matter.
