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G.R. No. 171951. August 28, 2009. *

AMADO ALVARADO GARCIA, petitioner, vs. PEOPLE OF THE

PHILIPPINES, respondent.

Appeals; The Supreme Court is not the proper forum from which to
secure a re-evaluation of factual issues, save where the factual findings of
the trial court do not find support in the evidence on record or where the
judgment appealed from was based on a misapprehension of facts.—The
present petition was brought under Rule 45 of the Rules of Court, yet,
petitioner raises questions of fact. Indeed, it is opportune to reiterate that
this Court is not the proper forum from which to secure a re-evaluation of
factual issues, save where the factual findings of the trial court do not find
support in the evidence on record or where the judgment appealed from was
based on a misapprehension of facts. Neither exception applies in the instant
case as would justify a departure from the established rule.
Judgments; The efficacy of a decision is not necessarily impaired by
the fact that the ponente only took over from a colleague who had earlier
presided over the trial—it does not follow that the judge who was not
present during the trial, or a fraction thereof, cannot render a valid and just
decision.—The efficacy of a decision is not necessarily impaired by the fact
that the ponente only took over from a colleague who had earlier presided
over the trial. It does not follow that the judge who was not present during
the trial, or a fraction thereof, cannot render a valid and just decision. Here,
Judge Andres Q. Cipriano took over the case after Judge Manauis recused
himself from the proceedings. Even so, Judge Cipriano not only heard the
evidence for the defense, he also had an opportunity to observe Dr. Cleofas
Antonio who was recalled to clarify certain points in his testimony. Worth
mentioning, too, is the fact that Judge Cipriano presided during the taking of
the testimonies of Fidel Foz, Jr. and Alvin Pascua on rebuttal. In any case, it
is not unusual for a judge who did not try a case in its entirety to decide it on
the basis of the records on hand. He can rely on the transcripts of
stenographic notes and calibrate the testimonies of witnesses in accordance
with their conformity to common experience, knowledge and observation of
ordinary men.

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* SECOND DIVISION.

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Such reliance does not violate substantive and procedural due pro­cess of
law.
Criminal Law; Homicide; Heart Attacks; Words and Phrases;
Coronary occlusion is the complete obstruction of an artery of the heart,
usually from progressive arteriosclerosis or the thickening and loss of
elasticity of the arterial walls, which can result from sudden emotion in a
person with an existing arteriosclerosis.—By definition, coronary occlusion
is the complete obstruction of an artery of the heart, usually from
progressive arteriosclerosis or the thickening and loss of elasticity of the
arterial walls. This can result from sudden emotion in a person with an
existing arteriosclerosis; otherwise, a heart attack will not occur.
Same; Same; Aberratio Ictus; Requisites; Criminal liability is incurred
by any person who commits a felony although the wrongful act done be
different from that which he intended.—It can be reasonably inferred from
the foregoing statements that the emotional strain from the beating
aggravated Chy’s delicate constitution and led to his death. The inevitable
conclusion then surfaces that the myocardial infarction suffered by the
victim was the direct, natural and logical consequence of the felony that
petitioner had intended to commit. Article 4(1) of the Revised Penal Code
states that criminal liability shall be incurred “by any person committing a
felony (delito) although the wrongful act done be different from that which
he intended.” The essential requisites for the application of this provision
are: (a) the intended act is felonious; (b) the resulting act is likewise a
felony; and (c) the unintended albeit graver wrong was primarily caused by
the actor’s wrongful acts.
Same; Same; Same; Where death results as a direct consequence of the
use of illegal violence, the mere fact that the diseased or weakened
condition of the injured person contributed to his death, does not relieve the
illegal aggressor of criminal responsibility.—In this case, petitioner was
committing a felony when he boxed the victim and hit him with a bottle.
Hence, the fact that Chy was previously afflicted with a heart ailment does
not alter petitioner’s liability for his death. Ingrained in our jurisprudence is
the doctrine laid down in the case of United States v. Brobst, 14 Phil. 310
(1909) that: x x x where death results as a direct consequence of the use of
illegal violence, the mere fact that the diseased or weakened condition of

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the injured person contributed to his death, does not relieve the illegal
aggressor of criminal responsibility.
Same; Same; Same; Mitigating Circumstances; Lack of intention to
commit so grave a wrong; The circumstance that the accused did not intend
so grave an evil as the death of the victim does not exempt him from
criminal liability—since he deliberately committed an act prohibited by law,
said condition simply mitigates his guilt in accordance with Article 13(3) of
the Revised Penal Code.—In this jurisdiction, a person committing a felony
is responsible for all the natural and logical consequences resulting from it
although the unlawful act performed is different from the one he intended;
“el que es causa de la causa es causa del mal causado” (he who is the cause
of the cause is the cause of the evil caused). Thus, the circumstance that
petitioner did not intend so grave an evil as the death of the victim does not
exempt him from criminal liability. Since he deliberately committed an act
prohibited by law, said condition simply mitigates his guilt in accordance
with Article 13(3) of the Revised Penal Code. Nevertheless, we must
appreciate as mitigating circumstance in favor of petitioner the fact that the
physical injuries he inflicted on the victim, could not have resulted naturally
and logically, in the actual death of the victim, if the latter’s heart was in
good condition.
Same; Same; Damages; Loss of Earning Capacity Formula.—We
shall, however, modify the award of damages to the heirs of Manuel Chy for
his loss of earning capacity in the amount of P332,000. In fixing the
indemnity, the victim’s actual income at the time of death and probable life
expectancy are taken into account. For this purpose, the Court adopts the
formula used in People v. Malinao: Net earning capacity = 2/3 x (80-age of
the victim at the time of his death) x a reasonable portion of the annual net
income which would have been received by the heirs for support. Branch 9
of the Aparri, Cagayan RTC took judicial notice of the salary which Manuel
Chy was receiving as a sheriff of the court. At the time of his death, Chy
was 51 years old and was earning a gross monthly income of P10,600 or a
gross annual income of P127,200. But, in view of the victim’s delicate
condition, the trial court reduced his life expectancy to 10 years. It also
deducted P7,000 from Chy’s salary as reasonable living expense. However,
the records are bereft of showing that the heirs of Chy submitted evidence to
substantiate actual living expenses. And in

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the absence of proof of living expenses, jurisprudence approximates net

income to be 50% of the gross income. Accordingly, by reason of his death,

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the heirs of Manuel Chy should be awarded P1,229,600 as loss of earning

capacity.
Same; Same; Same; Moral Damages; Moral damages is mandatory in
cases of murder and homicide, without need of allegation and proof other
than the death of the victim.—We sustain the trial court’s grant of funerary
expense of P200,000 as stipulated by the parties and civil indemnity of
P50,000. Anent moral damages, the same is mandatory in cases of murder
and homicide, without need of allegation and proof other than the death of
the victim. However, in obedience to the controlling case law, the amount of
moral damages should be reduced to P50,000.

PETITION for review on certiorari of the decision and resolution of

the Court of Appeals.
The facts are stated in the opinion of the Court.
Tumaru & Tumaru Law Offices for petitioner.
The Solicitor General for respondent.

QUISUMBING, J.:
For review on certiorari is the Decision1 dated December 20,
2005 of the Court of Appeals in CA-G.R.-CR No. 27544 affirming
the Decision2 dated July 2, 2003 of the Regional Trial Court (RTC),
Branch 9, Aparri, Cagayan, which found petitioner Amado Garcia
guilty beyond reasonable doubt of homicide. Contested as well is the
appellate court’s Resolu-

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1 Rollo, pp. 51-65. Penned by Associate Justice Vicente Q. Roxas, with Associate
Justices Conrado M. Vasquez, Jr. and Juan Q. Enriquez, Jr. concurring.
2 CA Rollo, pp. 93-108. Penned by Presiding Judge Andres Q. Cipriano.

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tion3 dated March 13, 2006 denying petitioner’s Motion for

Reconsideration.4
On February 10, 2000, petitioner was charged with murder in an
Information that alleges as follows:

“The undersigned, Provincial Prosecutor accuses AMADO GARCIA @

Manding of the crime of Murder, defined and penalized under Article [248]
of the Revised Penal Code, as amended by Republic Act No. 7659,
committed as follows:
That on or about September 29, 1999, in the municipality of Aparri,
province of Cagayan, and within the jurisdiction of this Honorable Court,
the above-named accused, armed with a bottle, with intent to kill, with

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evident premeditation and with treachery, did then and there wilfully,
unlawfully and feloniously assault, attack, box, club and maul one Manuel
K. Chy, inflicting upon the latter fatal injuries which caused his death.
CONTRARY TO LAW.”5

Upon arraignment, petitioner entered a not guilty plea.

Thereafter, trial on the merits ensued.
The factual antecedents are as follows:
At approximately 11:00 a.m. on September 26, 1999, petitioner,
Fidel Foz, Jr. and Armando Foz had a drinking spree at the
apartment unit of Bogie Tacuboy, which was adjacent to the house
of Manuel K. Chy. At around 7:00 p.m., Chy appealed for the group
to quiet down as the noise from the videoke machine was blaring. It
was not until Chy requested a second time that the group acceded.
Unknown to Chy, this left petitioner irate and petitioner was heard to
have said in the Ilocano vernacular, “Dayta a Manny napangas
makaala caniac dayta.” (This Manny is arrogant, I will lay a hand
on him.)6

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3 Rollo, p. 101.
4 Id., at pp. 69-98.
5 Records, p. 2.
6 TSN, September 24, 2001, p. 8.

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On September 28, 1999, the group met again to celebrate the

marriage of Ador Tacuboy not far from Chy’s apartment. Maya
Mabbun advised the group to stop singing lest they be told off again.
This further infuriated petitioner who remarked, “Talaga a napangas
ni Manny saan ko a pagbayagen daytoy,” meaning, “This Manny is
really arrogant, I will not let him live long.”7
Yet again, at around 12:00 p.m. on September 29, 1999, the
group convened at the house of Foz and Garcia. There, petitioner,
Foz, Jr. and Fred Rillon mused over the drinking session on the 26th
and 28th of September and the confrontation with Chy. Enraged at
the memory, petitioner blurted out “Talaga a napangas dayta a
day[t]oy a Manny ikabbut ko ita.” (This Manny is really arrogant, I
will finish him off today.)8 Later that afternoon, the group headed to
the store of Adela dela Cruz where they drank until petitioner
proposed that they move to Punta. On their way to Punta, the group
passed by the store of Aurelia Esquibel, Chy’s sister, and there,
decided to have some drinks.

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At this juncture, petitioner ordered Esquibel to call on Chy who,

incidentally, was coming out of his house at the time. Upon being
summoned, the latter approached petitioner who suddenly punched
him in the face. Chy cried out, “Bakit mo ako sinuntok hindi ka
naman [inaano]?” (Why did you box me[?] I’m not doing anything
to you.)9 But petitioner kept on assaulting him. Foz attempted to
pacify petitioner but was himself hit on the nose while Chy
continued to parry the blows. Petitioner reached for a bottle of beer,
and with it, struck the lower back portion of Chy’s head. Then, Foz
shoved Chy causing the latter to fall.
When Chy found an opportunity to escape, he ran towards his
house and phoned his wife Josefina to call the police. Chy

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7 Id., at p. 10.
8 Id., at p. 11.
9 Id., at p. 21.

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told Josefina about the mauling and complained of difficulty in

breathing. Upon reaching Chy’s house, the policemen knocked five
times but nobody answered. Josefina arrived minutes later, unlocked
the door and found Chy lying unconscious on the kitchen floor,
salivating. He was pronounced dead on arrival at the hospital. The
autopsy confirmed that Chy died of myocardial infarction.
After trial in due course, the RTC of Aparri, Cagayan (Branch 9)
found petitioner guilty beyond reasonable doubt of homicide. The
dispositive portion of the RTC decision reads:

“WHEREFORE, the Court renders judgment:

1) Finding AMADO GARCIA guilty beyond reasonable doubt
for the crime of HOMICIDE defined and penalized by Article 249 of
the Revised Penal Code and after applying in his favor the provisions
of the Indeterminate Sentence Law, hereby sentences him to suffer an
indeterminate prison term of TEN (10) YEARS OF PRISION
MAYOR, as minimum, to FOURTEEN (14) YEARS and EIGHT (8)
MONTHS of RECLUSION TEMPORAL as maximum;
2) Ordering him to pay the heirs of Manuel Chy the amount of
FIFTY THOUSAND (P50,000.00) PESOS, as death indemnity;
TWO HUNDRED THOUSAND (P200,000.00) PESOS, representing
expenses for the wake and burial; THREE HUNDRED THOUSAND
(P300,000.00) PESOS, as moral damages; and THREE HUNDRED

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THIRTY[-]TWO THOUSAND (P332,000.00] PESOS, as loss of

earning, plus the cost of this suit.
SO ORDERED.”10

On appeal, the Court of Appeals affirmed the conviction in a

Decision dated December 20, 2005, thus:

“WHEREFORE, premises considered, appeal is hereby [DENIED] and

the July 2, 2003 Decision of the Regional Trial Court of

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10 CA Rollo, pp. 107-108.

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Aparri, Cagayan, Branch [9], in Criminal Case No. 08-1185, is hereby

AFFIRMED IN TOTO.
SO ORDERED.”11

Petitioner moved for reconsideration but his motion was denied

in a Resolution dated March 13, 2006.
Hence, the instant appeal of petitioner on the following grounds:

I.
THE APPELLATE COURT ERRED IN AFFIRMING THE RULING OF
THE TRIAL COURT THAT PETITIONER IS THE ONE RESPONSIBLE
FOR INFLICTING THE SLIGHT PHYSICAL INJURIES SUSTAINED
BY THE DECEASED MANUEL CHY.
II.
THE APPELLATE COURT ERRED IN AFFIRMING THE RULING OF
THE TRIAL COURT FINDING PETITIONER LIABLE FOR THE
DEATH OF MANUEL CHY DESPITE THE FACT THAT THE CAUSE
OF DEATH IS MYOCARDIAL INFARCTION, A NON-VIOLENT
RELATED CAUSE OF DEATH.
III.
THE APPELLATE COURT ERRED IN AFFIRMING THE RULING OF
THE TRIAL COURT WHICH CONCLUDED THAT THE HEART
FAILURE OF MANUEL CHY WAS DUE TO “FRIGHT OR SHOCK
CAUSED BY THE MALTREATMENT.”
IV.
BOTH THE APPELLATE TRIBUNAL AND THE TRIAL COURT
ERRED IN NOT ACQUITTING THE PETITIONER ON THE GROUND
OF REASONABLE DOUBT.12

In essence, the issue is whether or not petitioner is liable for the

death of Manuel Chy.
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11 Rollo, p. 65.
12 Id., at p. 188.

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In his undated Memorandum,13 petitioner insists on a review of

the factual findings of the trial court because the judge who penned
the decision was not the same judge who heard the prosecution
evidence. He adds that the Court of Appeals had wrongly inferred
from, misread and overlooked certain relevant and undisputed facts,
which, if properly considered, would justify a different conclusion.14
At the onset, petitioner denies laying a hand on Manuel Chy.
Instead, he implicates Armando Foz as the author of the victim’s
injuries. Corollarily, he challenges the credibility of Armando’s
brother, Fidel, who testified concerning his sole culpability.
Basically, petitioner disowns responsibility for Chy’s demise since
the latter was found to have died of myocardial infarction. In
support, he amplifies the testimony of Dr. Cleofas C. Antonio15 that
Chy’s medical condition could have resulted in his death anytime.
Petitioner asserts that, at most, he could be held liable for slight
physical injuries because none of the blows he inflicted on Chy was
fatal.
The Office of the Solicitor General reiterates the trial court’s
assessment of the witnesses and its conclusion that the beating of
Chy was the proximate cause of his death.
Upon careful consideration of the evidence presented by the
prosecution as well as the defense in this case, we are unable to
consider the petitioner’s appeal with favor.
The present petition was brought under Rule 45 of the Rules of
Court, yet, petitioner raises questions of fact. Indeed, it is opportune
to reiterate that this Court is not the proper forum from which to
secure a re-evaluation of factual issues, save where the factual
findings of the trial court do not find support in the evidence on
record or where the judgment

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13 Id., at p. 180-220.
14 Id., at p. 190.
15 TSN, September 16, 2002, pp. 15-19.

401

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appealed from was based on a misapprehension of facts.16 Neither

exception applies in the instant case as would justify a departure
from the established rule.
Further, petitioner invokes a recognized exception to the rule on
non-interference with the determination of the credibility of
witnesses. He points out that the judge who penned the decision is
not the judge who received the evidence and heard the witnesses.
But while the situation obtains in this case, the exception does not.
The records reveal that Judge Conrado F. Manauis inhibited from the
proceedings upon motion of no less than the petitioner himself.
Consequently, petitioner cannot seek protection from the alleged
adverse consequence his own doing might have caused. For us to
allow petitioner relief based on this argument would be to sanction a
travesty of the Rules which was designed to further, rather than
subdue, the ends of justice.
We reiterate, the efficacy of a decision is not necessarily impaired
by the fact that the ponente only took over from a colleague who had
earlier presided over the trial. It does not follow that the judge who
was not present during the trial, or a fraction thereof, cannot render a
valid and just decision.17 Here, Judge Andres Q. Cipriano took over
the case after Judge Manauis recused himself from the proceedings.
Even so, Judge Cipriano not only heard the evidence for the defense,
he also had an opportunity to observe Dr. Cleofas Antonio who was
recalled to clarify certain points in his testimony. Worth mentioning,
too, is the fact that Judge Cipriano presided during the taking of the
testimonies of Fidel Foz, Jr. and Alvin Pascua on rebuttal.
In any case, it is not unusual for a judge who did not try a case in
its entirety to decide it on the basis of the records on

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16 Lascano v. People, G.R. No. 166241, September 7, 2007, 532 SCRA 515, 524.
17 Resayo v. People, G.R. No. 154502, April 27, 2007, 522 SCRA 391, 401-402.

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hand.18 He can rely on the transcripts of stenographic notes and

calibrate the testimonies of witnesses in accordance with their
conformity to common experience, knowledge and observation of
ordinary men. Such reliance does not violate substantive and
procedural due process of law.19

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The Autopsy Report on the body of Manuel Chy disclosed the

following injuries:

“POSTMORTEM FINDINGS
Body embalmed, well preserved.
Cyanotic lips and nailbeds.
Contusions, dark bluish red: 4.5 x 3.0 cms., lower portion of the left
ear; 4.0 x 2.8 cms., left inferior mastoid region; 2.5 x 1.1 cms., upper lip;
2.7 x 1.0 cms., lower lip; 5.8 x 5.5 cms., dorsum of left hand.
Lacerated wound, 0.8 cm., involving mucosal surface of the upper lip
on the right side.
No fractures noted.
Brain with tortuous vessels. Cut sections show congestion. No
hemorrhage noted.
Heart, with abundant fat adherent on its epicardial surface. Cut sections
show a reddish brown myocardium with an area of hyperemia on the whole
posterior wall, the lower portion of the anterior wall and the inferior portion
of the septum. Coronary arteries, gritty, with the caliber of the lumen
reduced by approximately thirty (30%) percent. Histopathological findings
show mild fibrosis of the myocardium.
Lungs, pleural surfaces, shiny; with color ranging from dark red to dark
purple. Cut sections show a gray periphery with reddish brown central
portion with fluid oozing on pressure with some reddish frothy materials
noted. Histopathological examinations show pulmonary edema and
hemorrhages.

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18 Decasa v. Court of Appeals, G.R. No. 172184, July 10, 2007, 527 SCRA 267, 283.
19 Id., at p. 284.

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Kidneys, purplish with glistening capsule. Cut sections show congestion.

Histopathological examinations show mild lymphocytic infiltration.
Stomach, one-half (1/2) full with brownish and whitish materials and
other partially digested food particles.
CAUSE OF DEATH:—Myocardial Infarction.” (Emphasis supplied.)20

At first, petitioner denied employing violence against Chy. In his

undated Memorandum, however, he admitted inflicting injuries on
the deceased, albeit, limited his liability to slight physical injuries.
He argues that the superficial wounds sustained by Chy did not
cause his death.21 Quite the opposite, however, a conscientious
analysis of the records would acquaint us with the causal connection
between the death of the victim and the mauling that preceded it. In

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open court, Dr. Antonio identified the immediate cause of Chy’s

myocardial infarction:
ATTY. TUMARU:
Q: You diagnose[d] the cause of death to be myocardial infarction that is
because there was an occlusion in the artery that prevented the flowing
of blood into the heart?
A: That was not exactly seen at the autopsy table but it changes, the
hyperemic changes [in] the heart muscle were the one[s] that made us
[think] or gave strong conclusion that it was myocardial infarction, and
most likely the cause is occlusion of the blood vessels itself. (Emphasis
supplied.)22

By definition, coronary occlusion23 is the complete obstruction of

an artery of the heart, usually from progressive arte-

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20 Records, p. 260.
21 Rollo, p. 216.
22 TSN, September 26, 2001, pp. 10-11.
23 R. Sloane, The Sloane-Dorland Annotated Medical-Legal Dictionary 506
(1987).

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riosclerosis24 or the thickening and loss of elasticity of the arterial

walls. This can result from sudden emotion in a person with an
existing arteriosclerosis; otherwise, a heart attack will not occur.25
Dr. Jessica Romero testified on direct examination relative to this
point:
ATTY. CALASAN:
Q: Could an excitement trigger a myocardial infarction?
A: Excitement, I cannot say that if the patient is normal[;] that is[,]
considering that the patient [does] not have any previous [illness] of
hypertension, no previous history of myocardial [ischemia], no
previous [arteriosis] or hardening of the arteries, then excitement
[cannot] cause myocardial infarction. (Emphasis supplied.)26

The Autopsy Report bears out that Chy has a mild fibrosis of the
myocardium27 caused by a previous heart attack. Said fibrosis28 or
formation of fibrous tissue or scar tissue rendered the middle and
thickest layer of the victim’s heart less elastic and vulnerable to
coronary occlusion from sudden emotion. This causation is
elucidated by the testimony of Dr. Antonio:

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ATTY. CALASAN:
Q: You said that the physical injuries will cause no crisis on the part of the
victim, Doctor?
A: Yes, sir.
Q: And [these] physical injuries [were] caused by the [boxing] on the mouth
and[/]or hitting on the nape by a bottle?
A: Yes, sir.

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24 Id., at p. 60.

25 Id., at p. 506.

26 TSN, August 5, 2002, p. 39.

27 Supra note 23, at 60.

27Myocardium is the middle and thickest layer of the heart wall, composed of cardiac muscle.

28 Id., at p. 285.

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Q: On the part of the deceased, that [was] caused definitely by emotional crisis,
Doctor?
A: Yes, sir.
Q: And because of this emotional crisis the heart palpitated so fast, so much so,
that there was less oxygen being pumped by the heart?
A: Yes, sir.
Q: And definitely that caused his death, Doctor?
A: Yes, sir, it could be. 29

In concurrence, Dr. Antonio A. Paguirigan also testified as

follows:
ATTY. CALASAN:
Q: I will repeat the question… Dr. Antonio testified that the deceased died
because of the blow that was inflicted, it triggered the death of the deceased,
do you agree with his findings, Doctor?
A: Not probably the blow but the reaction sir.
Q: So you agree with him, Doctor?
A: It could be, sir.
Q: You agree with him on that point, Doctor?
A: Yes, sir. 30

It can be reasonably inferred from the foregoing statements that

the emotional strain from the beating aggravated Chy’s delicate
constitution and led to his death. The inevitable conclusion then
surfaces that the myocardial infarction suffered by the victim was
the direct, natural and logical consequence of the felony that
petitioner had intended to commit.

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Article 4(1) of the Revised Penal Code states that criminal

liability shall be incurred “by any person committing a felony
(delito) although the wrongful act done be different from that which
he intended.” The essential requisites for the applica-

_______________

29 TSN, September 16, 2002, pp. 20-21.

30 TSN, June 20, 2002, p. 44.

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406 SUPREME COURT REPORTS ANNOTATED

Garcia vs. People

tion of this provision are: (a) the intended act is felonious; (b) the
resulting act is likewise a felony; and (c) the unintended albeit
graver wrong was primarily caused by the actor’s wrongful acts.31
In this case, petitioner was committing a felony when he boxed
the victim and hit him with a bottle. Hence, the fact that Chy was
previously afflicted with a heart ailment does not alter petitioner’s
liability for his death. Ingrained in our jurisprudence is the doctrine
laid down in the case of United States v. Brobst32 that:

“x x x where death results as a direct consequence of the use of illegal

violence, the mere fact that the diseased or weakened condition of the
injured person contributed to his death, does not relieve the illegal aggressor
of criminal responsibility.”33

In the same vein, United States v. Rodriguez34 enunciates that:

“x x x although the assaulted party was previously affected by some

internal malady, if, because of a blow given with the hand or the foot, his
death was hastened, beyond peradventure he is responsible therefor who
produced the cause for such acceleration as the result of a voluntary and
unlawfully inflicted injury.” (Emphasis supplied.)35

In this jurisdiction, a person committing a felony is responsible

for all the natural and logical consequences resulting from it
although the unlawful act performed is different from the one he
intended;36 “el que es causa de la causa es causa del

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31 People v. Ortega, Jr., G.R. No. 116736, July 24, 1997, 276 SCRA 166, 182.
32 14 Phil. 310 (1909).
33 Id., at p. 318.
34 23 Phil. 22 (1912).
35 Id., at p. 25.

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36 Quinto v. Andres, G.R. No. 155791, March 16, 2005, 453 SCRA 511, 520.

407

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Garcia vs. People

mal causado” (he who is the cause of the cause is the cause of the
evil caused).37 Thus, the circumstance that petitioner did not intend
so grave an evil as the death of the victim does not exempt him from
criminal liability. Since he deliberately committed an act prohibited
by law, said condition simply mitigates his guilt in accordance with
Article 13(3)38 of the Revised Penal Code.39 Nevertheless, we must
appreciate as mitigating circumstance in favor of petitioner the fact
that the physical injuries he inflicted on the victim, could not have
resulted naturally and logically, in the actual death of the victim, if
the latter’s heart was in good condition.
Considering that the petitioner has in his favor the mitigating
circumstance of lack of intention to commit so grave a wrong as that
committed without any aggravating circumstance to offset it, the
imposable penalty should be in the minimum period, that is,
reclusion temporal in its minimum period,40 or anywhere from
twelve (12) years and one (1) day

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37 People v. Ural, No. L-30801, March 27, 1974, 56 SCRA 138, 144.
38 ART. 13. Mitigating circumstances.—The following are mitigating
circumstances:
xxxx
3. That the offender had no intention to commit so grave a wrong as that
committed.
xxxx
39 People v. Ilustre, 54 Phil. 594, 599 (1930).
40 Article 64(2) of the Revised Penal Code provides:
ART. 64. Rules for the application of penalties which contain three
periods.—In cases in which the penalties prescribed by law contains three
periods, whether it be a single divisible penalty or composed of three different
penalties; each one of which forms a period in accordance with the provisions
of Articles 76 and 77, the courts shall observe for the application of the
penalty the following rules, according to whether there are or are no
mitigating or aggravating circumstances:
xxxx

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408 SUPREME COURT REPORTS ANNOTATED

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Garcia vs. People

to fourteen years (14) years and eight (8) months. Applying the
Indeterminate Sentence Law,41 the trial court properly imposed upon
petitioner an indeterminate penalty of ten (10) years of prisión
mayor, as minimum, to fourteen (14) years and eight (8) months of
reclusion temporal as maximum.
We shall, however, modify the award of damages to the heirs of
Manuel Chy for his loss of earning capacity in the amount of
P332,000. In fixing the indemnity, the victim’s actual income at the
time of death and probable life expectancy are taken into account.
For this purpose, the Court adopts the formula used in People v.
Malinao:42

Net 2/3 x (80 - age of x a reasonable portion of the annual net

earning the victim at the income which would have been
capacity time of this death) received by the heirs for support.43
=

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2. When only a mitigating circumstance is present in the commission of the act,

they shall impose the penalty in its minimum period.
xxxx
41 Act No. 4103.
SECTION 1. Hereafter, in imposing a prison sentence for an offense
punished by the Revised Penal Code, or its amendments, the court shall
sentence the accused to an indeterminate sentence the maximum term of
which shall be that which, in view of the attending circumstances, could be
properly imposed under the rules of the said Code, and the minimum which
shall be within the range of the penalty next lower to that prescribed by the
Code for the offense; and if the offense is punished by any other law, the court
shall sentence the accused to an indeterminate sentence, the maximum term of
which shall not exceed the maximum fixed by said law and minimum shall
not be less than the minimum term prescribed by the same. (As amended by
Act No. 4225.)
42 G.R. No. 128148, February 16, 2004, 423 SCRA 34.
43 Id., at p. 54.

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VOL. 597, AUGUST 28, 2009 409

Garcia vs. People

Branch 9 of the Aparri, Cagayan RTC took judicial notice of the

salary which Manuel Chy was receiving as a sheriff of the court. At
the time of his death, Chy was 51 years old and was earning a gross
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monthly income of P10,600 or a gross annual income of P127,200.

But, in view of the victim’s delicate condition, the trial court
reduced his life expectancy to 10 years. It also deducted P7,000
from Chy’s salary as reasonable living expense. However, the
records are bereft of showing that the heirs of Chy submitted
evidence to substantiate actual living expenses. And in the absence
of proof of living expenses, jurisprudence44 approximates net
income to be 50% of the gross income. Accordingly, by reason of
his death, the heirs of Manuel Chy should be awarded P1,229,600 as
loss of earning capacity, computed as follows:

Net earning capacity = 2/3 x (80-51) x [P127,200 - ½ (P127,200)]

= 2/3 x (29) x P63,600
= 19 1/3 x P63,600
= P1,229,600

We sustain the trial court’s grant of funerary expense of P200,000

as stipulated by the parties45 and civil indemnity of P50,000.46 Anent
moral damages, the same is mandatory in cases of murder and
homicide, without need of allegation and proof other than the death
of the victim.47 However, in obedience to the controlling case law,
the amount of moral damages should be reduced to P50,000.
WHEREFORE, the Decision dated December 20, 2005 and the
Resolution dated March 13, 2006 of the Court of Appeals in CA-
G.R.-CR No. 27544 are AFFIRMED with MODIFICATION in that
the award of moral damages is reduced to P50,000.

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44 Id., at p. 55.
45 TSN, October 17, 2001, p. 7.
46 People v. Ducabo, G.R. No. 175594, September 28, 2007, 534 SCRA 458, 476.
47 Id., at p. 477.

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410 SUPREME COURT REPORTS ANNOTATED

Garcia vs. People

Petitioner is further ordered to indemnify the heirs of Manuel K.

Chy P50,000 as civil indemnity; P200,000, representing expenses
for the wake and burial; and P1,229,600 as loss of earning capacity.
No pronouncement as to costs.
SO ORDERED.

Carpio-Morales, Brion, Del Castillo and Abad, JJ., concur.

Judgment and resolution affirmed with modification.

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Notes.—Where the accused first fired his gun at someone but

missed and hit two other persons instead, resulting in the death of
one and the wounding of the other, he became liable for both the
death and the injuries. (People vs. Flora, 334 SCRA 262 [2000])
Myocardial infarction, also known as coronary occlusion or just
“coronary,” is a life-threatening condition. (Government Service
Insurance System (GSIS) vs. Cuanang, 430 SCRA 639 [2004])
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