G.R. No. 121998 March 9, 2000
Lessons Applicable: Moral Damages on Taking of Life (Torts and Damages)
Laws Applicable:
FACTS:
- March 18, 1993 am: Cipriano Supero saw Pedro Torrenueva being held by Florencio Perame was struck with an iron pipe by Epifanio Cleopas and Teodorico Cleopas with a piece of wood hitting him in the forehead so he fell on the ground dead. He was then buried in the well near the house of Demetrio Cleopas, father of the accused.
- Upon arraignment, Florencio Pirame and Teodorico Cleopas entered a plea of not guilty. Epifanio Cleopas was not arraigned, being at large. Thereafter, trial on the merits ensued.
- RTC: Teodorico Cleopas and Florencio Pirame guilty of the crime of murder punished under Article 248 of the Revised Penal Code and sentenced each one of them to suffer an imprisonment of RECLUSION PERPETUA, with the accessories of the law and to pay the cost. Ordering them to indemnify surviving spouse P50,000 each and 23,214 for burial and incidental expenses and P50,000 each for moral and exemplary damages and in all instances without subsidiary imprisonment in case of insolvency. Deducting time for preventive imprisonment.
ISSUE: W/N the surviving spouse should be awarded moral and exemplary damages
HELD: NO. AFFIRMED, but the award of P50,000.00 as moral and exemplary damages is hereby DELETED
- The widow of the victim did not testify on any mental anguish or emotional distress, which she suffered as a result of her husband's death. The absence of any generic aggravating circumstance attending the crime likewise precludes the award of exemplary damages
