Damages awarded for murder includes embalming, funeral, burial expenses

The penalty imposed for murder at that time was reclusion temporal in its maximum period to death. Since neither mitigating nor aggravating circumstances were proved, the imposable penalty should be medium period of the prescribed penalty, which, in this case, is reclusion perpetua. The trial court was then awarding indemnity of P50,000 as "moral damages." Current jurisprudence fixes P50,000.00 as indemnity for the death of the victim, and not as moral damages. The indemnity is covered byArticle 2206 of the Civil Code under the Chapter on "Actual and Compensatory Damages," while moral damages fall under the Chapter on "Other Damages" of the Civil Code. The award of moral damages in criminal cases is governed by Article 2219 in relation to Article 2217 and Article 2206 (3) of the said Code. Since in this case there was, in fact, proof of moral damages on the basis of the testimony of Serafin Solo, the father of the victim, a separate award for moral damages, which is hereby fixed at P10,000.00, is warranted. There is a preponderance of unrebutted evidence that Serafin Solo incurred the aggregate sum of P15,700.00 for the embalming of the cadaver of Sonny Solo, for the tomb, coffin, funeral, food and drinks during the wake and the last day of novena; as well as P10,000.00 as attorney's fees paid to the private prosecutor. The accused-appellants should be made to reimburse these. [G.R. No. 119591. November 21, 1996]