25 Heirs of Castro v Bustos.pdf - TORTS u2013 Other...

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TORTS Other Cases [20] Heirs of Castro v Bustos L-25913 | February 28, 1969 | Barredo Petitioners: HEIRS OF RAYMUNDO CASTRO Respondents: APOLONIO BUSTOS SUMMARY The Trial Court found Respondent Bustos guilty of homicide for killing Raymundo Castro, the father of the petitioners. As part of his sentence, Bustos was ordered to pay 6,000 pesos as indemnity. Upon an appeal by both parties to the CA, the conviction of Bustos was affirmed but the said Court ordered him to pay moral damages and compensatory damages to petitioners. Bustos then filed for a Motion for Reconsideration which was granted by the CA, resulting to the elimination of the award of moral and compensatory damages. Dismayed by this decision, the petitioners filed this current petition for certiorari. The SC modified the assailed decision in so far as the civil liability of Bustos is concerned, In particular, applying penal laws and the provisions of the Civil Code, it held that the Respondent shall pay indemnity for death, as well as moral and compensatory damages, to the petitioners. PROVISIONS APPLICABLEArt. 1161, Civil Code: Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.Art. 2202, Civil Code: In crimes and quasi-delicts, the defendant shall be 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.Art. 2204, Civil Code: In crimes, the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances.Art. 2206, Civil Code: The amount of damages for death caused by a crime or quasidelict shall be at least three thousand pesos, even though there may have been mitigating circumstances. In addition: 1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death; 2) If the deceased was obliged to give supportaccording to the provisions of article 291, the recipient who is not an heir called to the decedents inheritance by law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court; 3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased.Art. 2216: No proof of pecuniary loss is necessary in order that moral, nominal, temperate, liquidated or exemplary damages, may be adjudicated. The assessment

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