FIRST DIVISION
[G.R. No. 215366. March 18, 2015.]
ARMAN T. MALLILLIN, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 18, 2015 which reads as follows:
"G.R. No. 215366 (Arman T. Mallillin v. People of the Philippines). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After a judicious review of the records, the Court resolves to DENY the petition and AFFIRM the January 30, 2014 Decision 1 and October 17, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CR No. 33871 for failure of Arman T. Mallillin (petitioner) to sufficiently show any reversible error on the part of the CA in sustaining his conviction for the crime of Homicide, as defined and penalized under Article 249 of the Revised Penal Code, as amended.
The issues being raised by petitioner involve the credibility of the prosecution witnesses, which is best addressed by the trial court, it being in a better position to decide such question, having heard the witnesses and observed their demeanor, conduct, and attitude under gruelling examination. As such, the resolution thereof is best left to its sound judgment and, absent any misapprehension of facts or grave abuse of discretion, its findings shall not be disturbed, 3 especially when affirmed by the CA, as in this case. Likewise, where there is no evidence that the prosecution witnesses were actuated with ill motive, it is presumed that they were not so actuated and their testimonies are entitled to full faith and credit. 4
However, to conform with prevailing jurisprudence, 5 the Court finds it necessary to modify the award of damages imposed, as follows: (a) P75,000.00 as civil indemnity; and (b) P75,000.00 as moral damages. The rest of the assailed Decision stands. AaSHED
SO ORDERED." SERENO, C.J., on official travel. JARDELEZA, J., designated acting member per S.O. No. 1952 dated March 18, 2015.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. Rollo, pp. 27-37. Penned by Associate Justice Elihu A. Ybañez with Associate Justices Japar B. Dimaampao and Melchor Quirino C. Sadang, concurring.
2. Id. at 39-40.
3. People v. Dadao, G.R. No. 201860, January 22, 2014, citing People v. Dela Rosa, G.R. No. 201723, June 13, 2013, 698 SCRA 548, 555.
4. People v. Roman, G.R. No. 198110, July 31, 2013, 703 SCRA 94, 107; citations omitted.
5. People v. Villalba, G.R. No. 207629, October 22, 2014.