G.R. No. L-30256. July 16, 1984
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. AURELIO ONAROSA, DEFENDANT-APPELLANT.
Decisions / Signed Resolutions July 16, 1984 FIRST DIVISION RELOVA, J.:
RELOVA, J.:
Considering that accused-appellant Aurelio Onarosa died on January 26,
1984 and the findings of facts and of accused-appellant’s guilt by the
defunct Court of First Instance of Samar were confirmed by this Court in
its decision of February 29, 1984 (which could not produce any legal
effect insofar as the accused-appellant’s criminal liability is
concerned by virtue of his prior death), the Court nevertheless resolved
to exercise jurisdiction over the accused’s civil liability (People vs.
Sendaydiego, 81 SCRA 120) since it has been duly established beyond
reasonable doubt that said accused-appellant “was the assailant and the
one responsible for the death of Juan Balagasay” (Decision, page 11),
and the victim’s heirs not having reserved the right to file a separate
civil action, it would be a superfluity to compel them at this late
stage to still litigate or file another suit for indemnity for his
death.
1984 and the findings of facts and of accused-appellant’s guilt by the
defunct Court of First Instance of Samar were confirmed by this Court in
its decision of February 29, 1984 (which could not produce any legal
effect insofar as the accused-appellant’s criminal liability is
concerned by virtue of his prior death), the Court nevertheless resolved
to exercise jurisdiction over the accused’s civil liability (People vs.
Sendaydiego, 81 SCRA 120) since it has been duly established beyond
reasonable doubt that said accused-appellant “was the assailant and the
one responsible for the death of Juan Balagasay” (Decision, page 11),
and the victim’s heirs not having reserved the right to file a separate
civil action, it would be a superfluity to compel them at this late
stage to still litigate or file another suit for indemnity for his
death.
ACCORDINGLY, in the interest of justice and in fairness to the heirs of
the deceased-victim, Juan Balagasay, the accused-appellant’s estate is
hereby sentenced to indemnify the heirs of Juan Balagasay in the sum of
P30,000.00.
SO ORDERED.
Teehankee, (Chairman), Gutierrez, Jr., and De La Fuente, JJ., concur.
Melencio-Herrera, J., on leave.
Plana, J., concurs. It is utterly absurd to require a civil
suit to prove by mere preponderance of evidence what, as here, has
already been proved beyond reasonable doubt.