THIRD DIVISION
[G.R. No. 203476. April 7, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAMON DATOON Y JUBAY, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated April 7, 2014, which reads as follows:
"G.R. No. 203476 (People of the Philippines v. Ramon Datoon y Jubay). — The Assistant City Prosecutor of Quezon City charged the accused Ramon Datoon y Jubay before the Regional Trial Court (RTC) of that city in Criminal Case Q-05-132499 with robbery with homicide and in Criminal Case Q-05-132500 with frustrated murder.
According to the prosecution, at around 9:30 p.m. on February 6, 2005 Iryn de la Cruz, Naideny Licera, and Ryan Isidinio were resting in front of a house on Mapagkawanggawa Street, Sikatuna Village, Quezon City, when they observed two men walking on the street in one direction then walking back in the opposite direction. As they passed the trio the third time, one of them who remained unidentified aimed his gun at Iryn and Naideny and declared a "hold-up." The other of the men, later identified as the accused Datoon, tried to stab Ryan.
Iryn and Naideny ran away but the unidentified robber shot and hit both of them on their shoulders. Naideny fell but Iryn succeeded in escaping and calling for help at a nearby store but the robbers promptly fled. Both Iryn and Naideny were brought to the AFP Medical Center or treatment but Naideny died on the following day.
For his defense, accused Datoon claimed, that he was with his wife and children at around 6 p.m. on February 6, 2005 at their house in Upper Botocan, Quezon City, repairing an electric fan for resale. He was surprised when the police arrested him days later on February 21, 2005, brought to the City Hall Detachment, and, after being pointed to by a certain person, transferred to Camp Karingal for inquest proceedings.
On September 23, 2008 the RTC found accused Datoon guilty of only attempted robbery with homicide in Criminal Case Q-05-132499 and sentenced him to the penalty of reclusion perpetua and to indemnify the heirs of Naideny Licera y Arroz in the sum of P50,000.00 and P10,000.00 as moral damages. But the RTC found him not guilty of the charge of frustrated murder in Criminal Case Q-05-132500 for want of proof of guilt beyond reasonable doubt. aTcIEH
On April 4, 2012 the Court of Appeals (CA) rendered judgment in CA-G.R. CR-HC 03727 affirming in toto the RTC Decision.
Accused Datoon claims that the CA erred in giving credence to the lone prosecution witness' identification of him as one of the assailants. But when the credibility of the witnesses is at issue, appellate courts will not disturb the findings of the trial court, the latter being in a better position to decide the question, having heard the witnesses and observed their deportment and manner of testifying during the trial unless certain facts of substance and value had been overlooked, misunderstood, or misappreciated which, if considered, might affect the result of the case. These errors have not been shown.
Quite the contrary, the prosecution's lone witness confidently and positively identified the accused as one of the perpetrators of the crime of which he had been found guilty. Besides, the accused failed to point to any ill motive that may have prompted that witness to testify falsely against him.
Both the RTC and the CA correctly disregarded the defense foisted by the accused. His denial and alibi sounded shallow in the face of the positive testimony of the prosecution witness that he committed the offense charged. Besides, there was no physical impossibility for the accused to be at the scene of the crime at the time of its commission since that place and his house were both within Quezon City.
Also, this Court finds that the lower courts correctly ruled that accused Datoon and the unidentified assailant acted in conspiracy with one another in committing the crime charged. The prosecution's testimonies clearly showed that accused Datoon simultaneously and voluntarily cooperated with the unidentified assailant in committing the subject crime.
As to the moral damages, however, it is settled that when the circumstances surrounding the crime call for the imposition of reclusion perpetua only, the proper amount of moral damages shall be P50,000.00. 1 Accordingly, the amount of moral damages awarded by the RTC and CA in the amount of P10,000.00 should be increased to P50,000.00 in line with prevailing jurisprudence.
WHEREFORE, the Decision of the Court of Appeals dated April 4, 2012 in CA-G.R. CR-HC 03727 that found accused-appellant Ramon Datoon y Jubay GUILTY beyond reasonable doubt of attempted robbery with homicide in Criminal Case Q-05-132499 of the Regional Trial Court of Quezon City is hereby AFFIRMED with MODIFICATION that the amount of P10,000.00 awarded as moral damages be INCREASED to P50,000.00 in line with prevailing jurisprudence.
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. People v. Sanchez, 372 Phil. 129 (1999).