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Legal Analysis: Jugueta Case

Ireneo Jugueta and two others stripped off the wall of Norberto Divina's family home and fired shots inside, killing Divina's two daughters aged 13 and 3 1/2. Jugueta was found guilty of double murder. The lower court's award of damages was found to be improper because it failed to consider dwelling as an ordinary aggravating circumstance. Given this circumstance, the proper penalty is reclusion perpetua and damages of P100,000 civil indemnity, P100,000 moral damages, and P100,000 exemplary damages. This higher award is appropriate given the aggravating factors and heinous nature of the crimes committed.

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100 views1 page

Legal Analysis: Jugueta Case

Ireneo Jugueta and two others stripped off the wall of Norberto Divina's family home and fired shots inside, killing Divina's two daughters aged 13 and 3 1/2. Jugueta was found guilty of double murder. The lower court's award of damages was found to be improper because it failed to consider dwelling as an ordinary aggravating circumstance. Given this circumstance, the proper penalty is reclusion perpetua and damages of P100,000 civil indemnity, P100,000 moral damages, and P100,000 exemplary damages. This higher award is appropriate given the aggravating factors and heinous nature of the crimes committed.

Uploaded by

Ainah Sales
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PEOPLE VS.

JUGUETA
G.R. NO. 202124 APRIL 5, 2016

FACTS:

On June 06, 2002, the family of Norberto Divina were all lying down side by side about
to sleep  at around 9:00 o’clock in the evening, when suddenly their wall made of sack was
stripped off by accused-appellant Ireneo Jugueta, Roger San Miguel and Gilberto Alegre. They
ordered him to go out of their house and when he refused despite his plea for mercy, they fired at
them having hit and killed his two daughters. The family of Norberto Divina were unarmed and
his children were at very tender ages. Mary Grace Divina and Claudine who were shot and killed
were 13 years old and 3 1⁄2 years old respectively.
The Court finds accused-appellant guilty beyond reasonable doubt for double murder and is
hereby sentenced to suffer reclusion perpetua for the death of Mary Grace Divina and to
indemnify her heirs in the amount of Php50,000.00 and another to suffer reclusion perpetua for
the death of Claudine Divina and accused is further ordered to indemnify the heirs of Claudine
Divina in the sum of Php50,000.00. In addition, he is hereby ordered to pay the heirs of the
victims actual damages in the amount of Php16,150.00 and to pay for the costs.

ISSUE:

Whether or not the lower court imposed proper award of damages on the accused-
appellant?

HELD:

No. The lower court failed to take into account dwelling as an ordinary aggravating
circumstance. In view of the attendant ordinary aggravating circumstance, the Court must modify
the penalties and award of damages imposed on accused-appellant. In the case at bar, the crimes
were aggravated by dwelling, and the murders committed were further made atrocious by the
fact that the victims are innocent, defenseless minors – one is a mere 31⁄2-year-old toddler, and
the other a 13-year-old girl. For crimes where the imposable penalty is death in view of the
attendance of an ordinary aggravating circumstance but due to the prohibition to impose
the death penalty, the actual penalty imposed is reclusion perpetua, the latest
jurisprudence pegs the amount of P100,000.00 as civil indemnity and P100,000.00 as moral
damages. For the qualifying aggravating circumstance and/or the ordinary aggravating
circumstances present, the amount of P100,000.00 is awarded as exemplary damages aside from
civil indemnity and moral damages. Regardless of the attendance of qualifying aggravating
circumstance, the exemplary damages shall be fixed at P100,000.00. The increase in the amount
of awards for damages is befitting to show not only the Court's, but all of society's outrage over
such crimes and wastage of lives. 

DOCTRINE:

Art. 107. Indemnification; What is included. — Indemnification for consequential damages


shall include not only those caused the injured party, but also those suffered by his family or by a
third person by reason of the crime.

For crimes where the imposable penalty is death in view of the attendance of an ordinary
aggravating circumstance but due to the prohibition to impose the death penalty, the actual
penalty imposed is reclusion perpetua, the latest jurisprudence pegs the amount of
P100,000.00 as civil indemnity and P100,000.00 as moral damages.

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