Criminal Law Update: Murder

MURDER

CIVIL LIABILITIES OF OFFENDER

The Court of Appeals also correctly awarded the amounts of P50,000.00 as civil indemnity and another P50,000.00 as moral damages in line with recent jurisprudence. Civil indemnity is mandatory and is granted to the heirs of the victim without need of proof other than the commission of the crime. Moral damages on the other hand are awarded in a criminal offense resulting in physical injuries, including death.

 Under Art. 2206 of the Civil Code, the heirs of the victim are also entitled to indemnity for loss of earning capacity.  To be entitled to such an award, documentary evidence is necessary.  By way of exception, testimonial evidence would suffice: (1) if the victim was self-employed, earning less than the minimum wage under current labor laws and judicial notice may be taken of the fact that in the victim’s line of work, no documentary evidence is available; or (2) if the victim was employed as a daily wage worker earning less than the minimum wage under current labor laws.

 In this case, the victim’s widow testified that her husband manages the small business of his parents of supplying Baguio’s native products, for which he earns a monthly income of P10,000.00.  Thus, the award of P2,040,000.00 representing lost earnings is proper.

(People vs. Barlaan, G.R. No. 177746, August 31, 2007)