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A brawl, involving 15 to 18 members of two rival groups, occurred at the UP Diliman. a. It resulted in the stabbing of Anthony Galang. b. Pinpointed as the assailant, the petitioner was with frustrated homicide. 2. Petitioner pleaded not guilty. The Prosecutions Evidence: A. These witnesses testified that the victim and his two friends, Arceo and Richard Tan, were on their way to Fatima II in UP Campus when they came across Gener Serrano, the petitioners brother, who was with his group of friends. The victim, Arceo and Tan approached Gener and his friends to settle a previous quarrel between Gener and Roberto Comia. While the victim and Gener were talking, Comia suddenly appeared and hurled invectives at Gener. Irked, Gener challenged Comia to a fistfight to settle their quarrel once and for all; Comia rose to the challenge. B. It was at this point that the petitioner appeared with other members of his group. He was a guest at a party nearby, and was informed that a fight was about to take place between his brother and Comia. Members of the victims group also started to show up. C. The petitioner watched Gener fight Comia. When Gener lost the fight, the petitioner sought to get back at the victim and his friends. Thus, the one-on-one escalated into a rumble between the members of the two groups. During the rumble, and with the aid of the light emanating from two Meralco posts, the victim and Arceo saw that the petitioner had a knife and used it to chase away the members of their group. The petitioner also chased Arceo away, leaving the victim alone; the petitioners group ganged up on him. D. The petitioner went to where the victim was being beaten by Gener and one Obet Orieta. It was then that the victim was stabbed. The petitioner stabbed the left side of his stomach while he was standing, with Gener and Orieta holding his arms. The petitioner, Gener and Orieta thereafter continued to beat and stone the victim until he fell into a nearby creek. The petitioner and his group left him there. The Defenses Evidence A. Petitioner denied that he stabbed the victim. While he admitted that he was present during the fistfight between Gener and Comia, he claimed that he and Gener left as soon as the rumble started. The

petitioner testified that as he and Gener were running away from the scene (to get back to the party), bottles and stones were being thrown at them. B. Hipolito, a participant in the rumble and a member of the petitioners group, narrated that the rumble happened fast and he was too busy defending himself to take note of everything that happened. He testified that he did not see the petitioner and Gener during the fight. He also testified that the place where the rumble took place was near a steel manufacturing shop which provided some light to the area. He further testified that the victim was left alone at the scene and he alone faced the rival group. 3. RTC: found petitioner guilty. Accused Giovani Serrano is hereby ordered to reimburse to complainant Anthony Galang a. Medical expenses - P15,000 b. loss of income for 1 month - P4,000 4. CA: ruled that the crime committed was attempted homicide, not frustrated homicide. 5. It also modified the RTC decision. a. The actual damages is REDUCED to P3,858.50; and b. The award of loss earnings is DELETED, ISSUE: W/N temperate damages is proper instead of actual damages HELD: Yes. SC modifies the CA decision with respect to the petitioners civil liability. The CA ordered actual damages to be paid in the amount of P3,858.50. This is erroneous and contrary to the prevailing jurisprudence. In People v. Andres, we held that if the actual damages, proven by receipts during the trial, amount to less thanP25,000.00, the victim shall be entitled to temperate damages in the amount of P25,000.00, in lieu of actual damages. The award of temperate damages is based on Article 2224 of the New Civil Code which states that temperate or moderate damages may be recovered when the court finds that some pecuniary loss was suffered but its amount cannot be proven with certainty. In this case, the victim is entitled to the award of P25,000.00 as temperate damages considering that the amount of actual damages is only P3,858.50. The amount of actual damages shall be deleted. Lastly, we find that the victim is also entitled to moral damages in the amount of P10,000.00 in accordance with settled jurisprudence. Under Article 2219, paragraph 1 of the New Civil Code, the victim is entitled to moral damages in a criminal offense resulting in physical injuries. WHEREFORE, we hereby DENY the petition. (1) P25,000.00 as temperate damages; and (2) P10,000.00 as moral damages.