August 15, PEOPLE OF PEDRITO Pedrito Andres y Yes, respondents Lawful heirs are automatically entitled to an award of P50,000

ntitled to an award of P50,000 as The convicted appellants are hereby

2003 DIV THE ANDRES y Casugay, Benjamin were convicted of civil indemnity, However, when actual damages proven by receipts sentenced to suffer the penalty of
PHILIPPINES CASUGAY Damisil, Reynaldo the crime of murder during the trial amount to less than P25,000, as in this case, the reclusion Perpetua and to pay the
Damisil, Renato and ordered to pay award of temperate damages for P25,000 is justified in lieu of legal heirs of the victim, William
Damisil, Robert damages as civil actual damages of a lesser amount. Conversely, if the amount of Ducusin, the amount of P50,000 as
Tejano, Ernesto indemnity. actual damages proven exceeds P25,000, then temperate civil indemnity, P50,000 as moral
Tejano, Camilo damages may no longer be awarded; actual damages based on the damages, P25,000 as temperate
Tejano, and Calixto receipts presented during trial should instead be granted. damages and P624,000 as damages
Hagunos, including for loss of earning capacity.
their co-accused,
Leonardo Damisil
conspiring
confederating and
mutually helping one
another, with intent
to kill and with
treachery and evident
premeditation, taking
advantage of superior
strength, did then and
there willfully,
unlawfully and
feloniously attack,
assault, stab and hack
one WILLIAM
DUCUSIN, with the
use of a bladed
weapon causing his
Death.