FIRST DIVISION
[G.R. No. 221464. April 23, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.PEDRO CAGAOAN y DELA CRUZ, 1 AND JOVITO CAGAOAN y DELA CRUZ, @ "BEROG", accused, PEDRO CAGAOAN y DELA CRUZ, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 23, 2018which reads as follows:
"G.R. No. 221464 — People of the Philippines, plaintiff-appellee, v. Pedro Cagaoan y Dela Cruz, and Jovito Cagaoan y Dela Druz, @ "Berog", accused, Pedro Cagaoan y Dela Cruz, accused-appellant. cEaSHC
This is an appeal filed by appellant Pedro Cagaoan y Dela Cruz from the March 27, 2015 Decision 2 of the Court of Appeals (CA) in CA-G.R. CR HC No. 06098, affirming the April 8, 2013 Decision 3 of the Regional Trial Court (RTC) of Lingayen, Pangasinan, Branch 39, in Criminal Case No. L-8207, which found appellant guilty beyond reasonable doubt of Murder under Article 248 of the Revised Penal Code (RPC), as amended by Republic Act (RA) No. 7659.
The appeal is bereft of merit.
Appellant contends that the prosecution failed to establish his guilt beyond reasonable doubt. He maintains his innocence and insists that it was Jovito aka "Berog" Cagaoan y Dela Cruz (Berog) who killed Teodora Dumaguin y Cagaoan (Teodora) because of a grudge over a land dispute. He likewise puts in issue the credibility of Kenneth James Cedrick Dumaguin Munar (Kenneth) as the prosecution failed to present a medical certificate of his head injury. He also claims that the prosecution failed to prove the qualifying circumstance of abuse of superior strength.
After a careful review of the records of the case, the Court finds no reason to disturb the findings of the RTC as affirmed by the CA that appellant is guilty beyond reasonable doubt of murder. The testimony of Teodora's grandson, Kenneth, deserves great weight and credit as there is no indication that he was actuated by improper motive to testify falsely against appellant. Kenneth likewise could not have mistakenly identified appellant considering that Kenneth was familiar with both appellant and Berog as not only were they his neighbors, but also his relatives. Kenneth's mother, Catherine C. Dumaguin Munar, even testified that appellant and Berog could not be mistaken for each other due to their striking difference in appearance. Moreover, the non-presentation of a medical certificate showing that Kenneth sustained a head injury does not affect the credibility of his testimony as this is immaterial to the instant case. What is important is that Kenneth's testimony was direct, positive, and straightforward. The Court need not belabor that the positive identification of the accused by a witness, without any ill motive to lie, prevails over the mere denial of the accused. 4 IAETDc
The Court likewise finds that the RTC and the CA correctly appreciated the qualifying circumstance of abuse of superior strength. Jurisprudence holds that "an attack made by a man with a deadly weapon upon an unarmed and defenseless woman constitutes the circumstance of abuse of that superiority which his sex and the weapon used in the act afforded him, and from which the woman was unable to defend herself." 5 Much more in this case where Teodora was not only unarmed but was also, at that time, already 57 years old. Obviously, appellant, who was armed with a bolo and twenty years younger than Teodora, rendered her helpless.
All told, the Court affirms the finding of guilt of appellant of the crime of murder.
As regards the penalty imposed against appellant, the Court finds the awards of civil indemnity and moral damages in the amount of P75,000.00 each to be in order. The awards of exemplary damages and temperate damages, however, should be increased to P75,000.00 and P50,000.00, respectively, in line with prevailing jurisprudence. 6 In addition, an interest rate of 6% per annum is likewise imposed on all damages from the date of finality of this Resolution until full payment.
WHEREFORE, premises considered, the appeal is DISMISSED. The Court ADOPTS the findings of the Regional Trial Court as affirmed by the Court of Appeals. The March 27, 2015 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 06098 finding appellant Pedro Cagaoan y Dela Cruz guilty beyond reasonable doubt of the crime of murder is AFFIRMED with MODIFICATION in that the amounts of exemplary and temperate damages are increased to P75,000.00 and P50,000.00, respectively. In addition, all damages shall earn interest of 6% per annum from finality of this Resolution until fully paid.
SO ORDERED." C.J. Sereno on leave; J. Carpio designated as Acting Chief Justice per Special Order No. 2539 dated February 28, 2018; J. De Castro designated as Acting Chairperson per Special Order No. 2540 dated February 28, 2018; J. Martires designated as additional member per January 17, 2018 raffle vice J. Jardeleza who recused due to prior action as Solicitor General.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. The RTC amended the name of the accused from "Paulino aka 'Pedro' Cagaoan, Jr." to "Pedro Cagaoan." (See TSN February 21, 2011, pp. 8-9 and TSN February 7, 2012, pp. 11-13)
2.Rollo, pp. 2-10; penned by Associate Justice Manuel M. Barrios and concurred in by Associate Justices Ramon M. Bato, Jr. and Maria Elisa Sempio Diy.
3. CA rollo, pp. 48-56; penned by Acting Presiding Judge Teodoro C. Fernandez.
4.People v. Pinuela, 444 Phil. 640, 650 (2004).
5.People v. Guzman, 107 Phil. 1122, 1127 (1960).
6.People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331, 382 and 388.