G.R. No. L-25913 February 29, 1969
HEIRS OF RAYMUNDO CASTRO, petitioners, vs. APOLONIO BUSTOS, respondent.

FACTS

Respondent Apolonio Bustos was charged with murder for killing Raymundo Castro. The trial court convicted him of homicide, crediting him with two mitigating circumstances (passion or obfuscation and voluntary surrender), and sentenced him to an indeterminate prison term. It also ordered him to indemnify the petitioners (heirs of Castro) P6,000, “without prejudice to whatever the accused is entitled from the GSIS.” Both parties appealed to the Court of Appeals. The Court of Appeals initially modified the trial court’s decision, upholding the P6,000 indemnity and awarding an additional P6,000 in moral damages and P13,380 for loss of earning capacity. However, upon respondent’s motion for reconsideration, the Court of Appeals amended its decision, eliminating the awards for moral and compensatory damages, citing the presence of two mitigating circumstances without any aggravating circumstances to offset them. The petitioners appealed this amended decision to the Supreme Court, seeking the reinstatement of the original appellate decision’s awards.

ISSUE

Whether the Court of Appeals erred in eliminating the awards for moral damages and compensation for loss of earning capacity based solely on the presence of two mitigating circumstances in the criminal case.

RULING

Yes. The Supreme Court granted the petitioners’ prayer, revoking the amended decision of the Court of Appeals and reinstating its original decision insofar as the award of indemnity and damages. The Court held that the elimination of the awards for moral damages and loss of earning capacity was a clear error. While Article 2204 of the Civil Code allows damages to be lessened according to mitigating circumstances, it does not warrant the complete deletion of these specific items of damages, which are recoverable under Article 2206. The Court took the opportunity to comprehensively restate the law on damages recoverable in cases of death caused by a crime. It clarified that the civil indemnity for death (then increased to P12,000) is mandatory and must be awarded even with mitigating circumstances. Compensation for loss of earning capacity is also mandatory under Article 2206(1), unless the deceased had no earning capacity at the time of death. Moral damages under Article 2206(3) may be awarded to the spouse, descendants, and ascendants for mental anguish, the assessment of which is left to the court’s discretion. The presence of mitigating circumstances may lessen but not completely eliminate these awards. The Court found the original awards by the Court of Appeals to be correct.