FIRST DIVISION
[G.R. No. 201481. June 13, 2013.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GENEROSO GRANADO alias KA NOLI, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated June 13, 2013 which reads as follows:
"G.R. No. 201481 — PEOPLE OF THE PHILIPPINES, plaintiff-appellee, versus GENEROSO GRANADO alias KA NOLI, accused-appellant.
Before this Court is an appeal from the Court of Appeals' May 26, 2011 Decision 1 affirming the judgment 2 of conviction of the Regional Trial Court (RTC) of Bulan, Sorsogon, Branch 65, finding appellant guilty beyond reasonable doubt of murder.
Summarily, the prosecution proved the following facts: At around 6 o'clock in the morning of October 8, 2003, PO3 Virgilio Razo (PO3 Razo), who was a member of the 509 PNP Mobile Group, saw Alberto Gubat (Alberto) at the Bulan Public Market. It was PO3 Razo's day-off and he was at the market to oversee his fish stall. He recognized Alberto since the latter worked as an errand boy at the 509 PNP Mobile Group. At around 20 to 30 meters away, PO3 Razo saw Allan Borlagdan and Edwin Escote suddenly shoot Alberto at the back while the latter was about to board his motorcycle. Alberto fell to the ground face down, then appellant and an unidentified companion fired more shots on Alberto's head with a .45 caliber pistol. PO3 Razo witnessed the killing but he could not come to Alberto's aid since he was unarmed at that time. 3
In the face of the prosecution's evidence, appellant interposed the defense of denial and alibi. Appellant denied any participation in the killing and claimed that he was doing carpentry work at Tula-Tula Sur, Magallanes, Sorsogon when the incident occurred. 4 TSEHcA
The RTC found appellant guilty beyond reasonable doubt of murder for the killing was qualified by treachery. The RTC sentenced him to reclusion perpetua and ordered him to pay the heirs of Alberto P50,000 as moral damages and P50,000 as civil indemnity. The RTC found as candid and credible the testimony of PO3 Razo who positively identified appellant as one of the principals in the sudden killing of Alberto. The RTC held that the killing was likewise attended with treachery for it was shown that Alberto was helpless, unarmed and taken by surprise with no chance to resist or escape when he was killed. As to appellant's co-accused Borlagdan and Escote who remained at-large, the case against them was ordered archived subject to revival upon their apprehension.
On appeal, the Court of Appeals (CA) affirmed the decision of the RTC finding appellant guilty of murder and additionally ordered appellant to pay the heirs of Alberto P30,000 as exemplary damages. The CA agreed with the findings of the RTC that the evidence has shown beyond reasonable doubt that appellant killed Alberto. The killing was also attended by the qualifying circumstance of treachery since the attack was so sudden and unexpected that the victim had no chance to defend himself. Being defenseless and unarmed, and without having given any provocation, Alberto was completely taken by surprise and was fatally shot by appellant and his companions.
After a careful review of the records of this case and the parties' submissions, the Court finds no cogent reason to disturb the decision of the CA. It has been consistently held that in criminal cases the evaluation of the credibility of witnesses is addressed to the sound discretion of the trial judge, whose conclusion thereon deserves much weight and respect because the judge has the direct opportunity to observe them on the stand and ascertain if they are telling the truth or not. This deference to the trial court's appreciation of the facts and of the credibility of witnesses is consistent with the principle that when the testimony of a witness meets the test of credibility, that alone is sufficient to convict the accused. This is especially true when the factual findings of the trial court are affirmed by the appellate court. 5 Absent any showing that the lower courts overlooked substantial facts and circumstances, which if considered would change the result of the case, this Court gives deference to the trial court's appreciation of the facts and of the credibility of witnesses. DcSTaC
The Court increases the award for civil indemnity to P75,000. Also, the Court awards P25,000 in temperate damages in line with recent jurisprudence, said amount being proper "in homicide or murder cases when no evidence of burial and funeral expenses is presented in the trial Court." 6 Likewise interest at the rate of six percent (6%) should be imposed on all the damages awarded.
WHEREFORE, the appeal is DISMISSED. The May 26, 2011 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 03811 affirming the conviction of appellant Generoso Granado, alias "Ka Noli" for the crime of Murder is AFFIRMED with MODIFICATIONS. Appellant is likewise ordered to pay the heirs of the victim temperate damages in the amount of P25,000.00 and the award for civil indemnity is increased from P50,000 to P75,000.
Interest at the rate of six percent (6%) per annum on all the damages awarded in this case from the date of finality of this decision until fully paid shall likewise be paid by appellant to the heirs of Alberto Gubat.
With costs against the appellant.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1.Rollo, pp. 2-15. Penned by Associate Justice Mariflor P. Punzalan Castillo with Associate Justices Josefina Guevara-Salonga and Franchito N. Diamante concurring. The assailed decision was rendered in CA-G.R. CR-H.C. No. 03811.
2.CA rollo, pp. 25-46. Penned by Judge Adolfo G. Fajardo in Crim. Case No. 04-678.
3.Rollo, p. 4.
4.Id. at 5.
5.People v. Obina, G.R. No. 186540, April 14, 2010, 618 SCRA 276, 281.
6.People v. Dolorido, G.R. No. 191721, January 12, 2011, 639 SCRA 496, 507.