FIRST DIVISION
[G.R. No. 225630. August 13, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ROSITO APAT, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 13, 2018which reads as follows: HTcADC
"G.R. No. 225630 — People of the Philippines, plaintiff-appellee v. Rosito Apat, accused-appellant.
After a thorough review of the records, the Court finds that the Court of Appeals (CA) in CA-G.R. CR H.C. No. 01873 properly affirmed the Decision of the Regional Trial Court (RTC) of Talibon, Bohol, Branch 52, in Criminal Case No. 06-1879 which convicted accused-appellant Rosito Apat (appellant) of the crime of murder for the treacherous killing of Erico Palas y Apat (Erico).
Time and again, the Court has stressed that, unless the trial court misconstrued or misapplied matters relevant to a case, its factual findings, including its determination of the credibility of witnesses and their testimonies, must be accorded respect and must be sustained on appeal. 1 In this case, the Court affirms the CA Decision which affirmed the factual findings and conclusion of the RTC, as there was no showing that the lower courts overlooked any material fact, which, if considered, would change the outcome of this case.
The Court equally gives credit to Rodelo Palas' (Rodelo) positive identification of appellant as the person who stabbed his (Rodelo) brother, Erico, to death because: (1) there was no material inconsistency that would affect the credibility of Rodelo and his testimony; 2 (2) Rodelo was familiar with the identity of appellant who was his uncle; and (3) his testimony was consistent with the autopsy report on the victim. 3
At the same time, appellant's defenses of denial and alibi cannot hold water for being self-serving and unreliable as against the positive identification of Rodelo confirming that appellant killed Erico. Also, such defenses were without merit since appellant failed to establish that it was indeed physically impossible for him to be at the place where the crime was committed. 4
Like the RTC and the CA, the Court also holds that the killing of Erico was attended by treachery which qualified the crime to murder. aScITE
Specifically, to establish treachery, these elements must concur: (1) that the victim was in no position to defend himself or herself when attacked; and (2) the offender deliberately adopted the specific manner of the attack. 5 In this case, treachery attended the killing of Erico considering that, when appellant attacked him, Erico was in no position to defend himself. To note, appellant thrust his bolo through the wall of Erico's house, and fatally stabbed Erico who was unarmed and totally unaware of the attack as he was eating his supper inside his home. Such attack was sudden, without any provocation on the part of the victim, and definitely treacherous because Erico had no means at all to defend himself. 6
Finally, the Court finds the penalty imposed against appellant to be in order. However, the awards of civil indemnity, moral and exemplary damages should be increased to P75,000.00 each, and temperate damages to P50,000.00. All the damages awarded to the heirs of Erico shall earn interest at the rate of six percent (6%) per annum from the finality of this Resolution until paid in full. 7
WHEREFORE, the Court ADOPTS the factual findings of the trial court as affirmed by the Court of Appeals. The appeal is DISMISSED. The assailed February 19, 2016 Decision of the Court of Appeals in CA-G.R. CR H.C. No. 01873 is AFFIRMED with MODIFICATIONS in that the amounts of civil indemnity, moral damages, and exemplary damages are increased to P75,000.00 each and temperate damages to P50,000.00. All the damages awarded to the heirs of Erico Palas y Apat shall earn interest at the rate of six percent (6%) per annum from the finality of this Resolution until fully paid.
SO ORDERED." Peralta, J., designated as Acting Chairperson of the First Division per Special Order No. 2582 (Revised) dated August 8, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.People v. Ambatang, G.R. No. 205855, March 29, 2017.
2.Id.
3.People v. Balao, G.R. No. 207805, November 22, 2017.
4.People v. Ambatang, supra note 1.
5.People v. Pulgo, G.R. No. 218205, July 5, 2017.
6.Id.
7.People v. Jugueta, 783 Phil. 806, 848, 853, 856 (2016).