Civil Liability
HEIRS OF RAYMUNDO CASTRO
vs.
APOLONIO BUSTOS
27 SCRA 327
Facts:
CFI of Pampanga found Bustos guilty only of homicide, with
two mitigating circumstances, sentenced him to an indeterminate prison term of
2 years, 4 months and 1 day of prision correccional, as minimum, to 8 years and
1 day of prision mayor, as maximum, and to indemnify the petitioners, who were
represented in the case by a private prosecutor, in the sum of six thousand pesos
(P6,000) "without prejudice to whatever the accused (respondent) is
entitled from the GSIS for his services of around twenty-six (26) years as a
public school teacher."
CA modified the judgment of the trial court insofar as it
concerned (1) the amount of damages to be awarded petitioners thus moral
(P6,000) and compensatory damages (P13,380).
Issue:
Whether or
not CA correct in the award of moral and compensatory damages?
Held:
No.
Ratio:
The
interest of justice and equity and in view of the presence of two mitigating
circumstances, without any aggravating one to offset them, the award of moral
and compensatory damages should be eliminated.
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