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    People vs. Marollano

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    Jo Ellaine Torres
    This case involved the conviction of Dionisio Marollano for the murder of Domingo Guadamor. The trial court sentenced Marollano to imprisonment and ordered him to pay P50,000 in indemnification to Guadamor's heirs, P11,050 in actual damages, and P360,000 in unearned income. The Supreme Court ruled that: [1] The trial court erred in its computation of unearned income by basing it on gross monthly salary rather than net earnings. [2] Only P5,000 in actual damages was supported by receipts for funeral expenses. [3] Moral damages of P20,000 should be awarded to Guadamor's spouse.

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    People vs. Marollano

    Uploaded by

    Jo Ellaine Torres
    341 views3 pages
    This case involved the conviction of Dionisio Marollano for the murder of Domingo Guadamor. The trial court sentenced Marollano to imprisonment and ordered him to pay P50,000 in indemnification to Guadamor's heirs, P11,050 in actual damages, and P360,000 in unearned income. The Supreme Court ruled that: [1] The trial court erred in its computation of unearned income by basing it on gross monthly salary rather than net earnings. [2] Only P5,000 in actual damages was supported by receipts for funeral expenses. [3] Moral damages of P20,000 should be awarded to Guadamor's spouse.

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    This case involved the conviction of Dionisio Marollano for the murder of Domingo Guadamor. The trial court sentenced Marollano to imprisonment and ordered him to pay P50,000 in indemnification to Guadamor's heirs, P11,050 in actual damages, and P360,000 in unearned income. The Supreme Court ruled that: [1] The trial court erred in its computation of unearned income by basing it on gross monthly salary rather than net earnings. [2] Only P5,000 in actual damages was supported by receipts for funeral expenses. [3] Moral damages of P20,000 should be awarded to Guadamor's spouse.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    341 views3 pages

    People vs. Marollano

    Uploaded by

    Jo Ellaine Torres
    This case involved the conviction of Dionisio Marollano for the murder of Domingo Guadamor. The trial court sentenced Marollano to imprisonment and ordered him to pay P50,000 in indemnification to Guadamor's heirs, P11,050 in actual damages, and P360,000 in unearned income. The Supreme Court ruled that: [1] The trial court erred in its computation of unearned income by basing it on gross monthly salary rather than net earnings. [2] Only P5,000 in actual damages was supported by receipts for funeral expenses. [3] Moral damages of P20,000 should be awarded to Guadamor's spouse.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    PEOPLE vs.

    MAROLLANO GR 105400

    Topic: Judgement (Damages that may be awarded)

    Facts: Dionisio Marollano (appellant), Consorcio Molleno and one "John Doe"
    were the accused for the murder of Domingo Guadamor. During arraignment, both
    accused assisted by counsel de oficio pleaded not guilty to the charge. The
    prosecution’s testimonial evidence were composed of Cesar Mapa’s description of
    events and the prosecution further asserted that before dying Guadamor told two
    tanods, who assisted in bringing the former to the hospital, that it was the herein
    accused, Marollano, who stabbed him. Whereas the appellant and accused Molleno
    claimed innocence by setting up the defense of alibi and denial of any participation
    in the crime. In support thereof, the defense presented the testimonies of Mary
    Molleno, Lilia Lopez, David Tolosa, Rogelio Mape and Romulo Molleno.

    After thorough evaluation and analysis of the conflicting versions of the


    incident, accused Molleno was acquitted while appellant was convicted of murder
    sentencing to imprisonment of reclusion perpetua and to indemnify the heirs of the
    victim Domingo Guadamor in the amount of P50,000.00, actual damages of
    P11,050.00 and unearned income of P360,000.00.

    Issue:

    1. WON the trial court’s erred in the computation of the legal loss of
    Guadamor’s earning capacity.
    2. WON the actual damages of P11,050.00 and non-awarding of moral
    damages to the heir of Guadamor by the trial court proper.
    Ruling: 1. Yes, the trial court erred in computing the unearned income of the
    deceased by basing on the gross monthly salary of the deceased. The SC
    consistently held in a litany of cases that earning capacity, as an element of
    damages to one's estate for his death by wrongful act is necessarily his net earning
    capacity, or his capacity to acquire money less than the necessary expense for his
    own living. In other words, only net earnings, not gross earning, are to be
    considered, that is, the total of the earnings less expenses necessary in the creation
    of such earnings or income and less living and other incidental expenses.
    Furthermore, the trial court failed to apply the formula for the computation of life
    expectancy adopted by the Court in Villa Rey and reiterated in People vs.
    Teehankee, Jr. as follows:

    2/3 X [80 — age of victim at time of death] X a reasonable portion


    of the net income which would have been received by the heirs as
    support.

    2. No. The SC ruled that to justify an award of actual damages, it is


    necessary "to prove with a reasonable degree of certainty, premised upon
    competent proof and on the best evidence obtained by the injured party, the actual
    amount of loss." Of the expenses allegedly incurred, the Court can give credence
    only to those that are supported by receipts and appear to have been
    genuinely incurred in connection with the death, wake and burial of the
    victim. In the present case, the only receipt presented by the prosecution was for
    the payment made to the funeral service of P5,000.00 only.
    In regard with the moral damages, the SC find it proper to award the
    said damage to the spouse of the deceased pursuant to Art. 2206 of the Civil Code
    in the amount of P20,000.00

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