THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. TOMAS LACANDAZO, ET AL., ACCUSED. FELIZARDA SANDOVAL, MOTHER OF THE OFFENDED PARTY AND APPELLANT.

Tomas and Alexander Lacandazo were
charged with murder and frustrated forcible abduction of Matilde
Sandoval in the Court of First
Instance of Palawan (Criminal Cases Nos. 3115 and
3196, respectively).  After due trial
upon a plea of not guilty, they
were convicted only of “homicide through simple negligence”, as
follows:

“IN VIEW OF ALL THE FOREGOING CONSIDERETIONS, the Court holds
that the charges under Criminal Cases Nos. 3115 and 3196, against Alexander Lacandazo and against Tomas Lacandazo
in Criminal Case No. 3196 have not been proven beyond reasonable doubt and,
therefore, acquits them of the crime charged. 
Under Criminal Case No. 3115, the Court holds that Tomas Lacandazo is guilty beyond reasonable doubt of the crime of
Homicide thru simple negligence, and not murder,
penalized under the 2nd paragraph of Article 365 of the Revised Penal Code, and
sentences him to an imprisonment of SIX
(6) MONTHS of arresto mayor, to indemnify the
heirs of the deceased in the amount of SIX THOUSAND (P6,000.00)
PESOS, with subsidiary imprisonment
in case of insolvency, and to pay the
cost.  The bonds posted by the two
accused are ordered cancelled, and the bondsmen
absolved from any responsibility whatsoever thereon.”

Felizarda Sandoval, mother of the
deceased Matilde Sandoval, appealed from the decision in so far as the civil
indemnity awarded therein was concerned, contending that it should have been in
the amount of P12,000 or more, in accordance with the later decisions of this court on the matter.

The case was submitted for decision without any brief submitted
by the defendants.

Considering the circumstances
of the case, particularly the trial court’s own finding that it “could not
believe that the shooting was accidental under the circumstances testified to by
the accused Tomas Lacandazo“, We are of the opinion and so hold that
the civil indemnity should be
increased to P12,000.00 to be paid,
jointly and severally, by Tomas and Alexander Lacandazo.

The decision appealed from, therefore, is modified as above indicated, with costs.

Concepcion, C.J., Reyes, J.B.L., Makalintal, Zaldivar, Sanchez,
Castro, Fernando, Teehankee, and Barredo, JJ.,
concur.