Friday, February 13, 2009

Cheap life

What is the value of human life in the Philippines? It is very cheap. The recent case of PEOPLE OF THE PHILIPPINES vs. EVELYN BOHOL , G.R. No. 178198, December 10, 2008 gives us an insulting computation (125,000 Pesos), as contained in current Philippine jurisprudence:


“X x x.

Lastly, whether the damages awarded to the heirs of Steven are proper. We affirm the award of civil indemnity and moral damages but we deem it proper to order the payment of an additional amount of P25,000.00 as exemplary damages.

Civil indemnity is mandatory and granted to the heirs of the victim even without need of proof other than the commission of the crime. The amount of P50,000.00 awarded by the trial and appellate courts is in line with prevailing jurisprudence.

As to moral damages, the same is mandatory in cases of murder and homicide, without need of allegation and proof other than the death of the victim. The amount of P50,000.00 was, therefore, correctly awarded.

In addition, exemplary damages should be awarded to the heirs of the victim, since the qualifying circumstance of treachery was proven by the prosecution. When a crime is committed with an aggravating circumstance, either qualifying or generic, an award of P25,000.00 as exemplary damages is justified under Article 2230 of the New Civil Code. This kind of damage is intended to serve as a deterrent to serious wrongdoings, and as a vindication of undue sufferings and wanton invasion of the rights of an injured or a punishment for those guilty of outrageous conduct.

X x x.”