CASE DIGEST: People of the Philippines v. Jorie Wahiman y Rayos

 


PEOPLE OF THE PHILIPPINES, plaintiff-appelle, vs. JORIE WAHIMAN y RAYOS, accused-appellant
G.R. No. 200942                |              June 16, 2015

 

FACTS:

On April 2, 2003, at around 10 OM, Jose Buensuceso, the manager of Stanfilco-Dole, Phils. in Malaybalay City, was on his way back to the company staff house onboard his Isuzu pickup after attending a despidada. While he was about to enter the gate of the staff house, he was gunned down by person riding in tandem on a black motorcycle. The guard on duty, David Azucena, who was then opening the gate, identified one of the assailants as herein appellant, Jorie Wahiman y Rayos.

During arraignment appellant pleaded not guilty to the crime of murder.

Appellant was found guilty as charged in the RTC and CA.

ISSUE:

Whether damages for loss of earning capacity which is a civil liability should be proved beyond reasonable doubt

RULING:
Concurring opinion; Leonen:

The prosecution presented testimonial evidence to prove the income of the deceased for an award of loss of earning capacity and met the requisite quantum of evidence, preponderance of evidence, for civil actions. Allowing testimonial evidence to prove loss of earning capacity is more consistent to the nature of civil actions, as opposed to the previous doctrine that requires claims for loss of earning capacity to be proven through documentary evidence.

Under Article 100 of the Revised Penal Code, “[e]very person criminally liable for a felony is also civilly liable.” Institution of a criminal case includes the civil action for the recovery of the civil liability arising from the offense charged. The inclusion of the civil action is to avoid multiplicity of suits.

While the criminal and civil actions can be litigated in the same proceedings, the quanta of evidence for the two actions are not the same. For the court to find criminal liability against the accused, there must be proof beyond reasonable doubt:

Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.

On the other hand, the finding of civil liability only requires preponderance of evidence or “superior weight of evidence on the issues involved.”

Despite the singularity of the proceedings of both the criminal case and the civil case, it is possible for there to be an acquittal on the criminal case and yet a finding of civil liability. The respective wrights of the evidence in the criminal and civil cases are evaluated independently.

A claim for damages, including actual damages for loss of earning capacity, is part of the civil aspect of the case. Hence, to prove loss of earning capacity, the quantum of evidence required is preponderance of evidence, not proof beyond reasonable doubt.

Loss of earning capacity is a form of actual or compensatory damages under the Civil Code, which states that: Art. 2206. . . .

(1) The defendant shall be liable for the loss of 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.


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