FIRST DIVISION
[G.R. No. 221472. August 1, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JIM ROY ORUGA y PERALTA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 1, 2018which reads as follows:
"G.R. No. 221472 — People of the Philippines, plaintiff-appellee, v. Jim Roy Oruga y Peralta, accused-appellant.
After a thorough review of the records, the Court finds that the Court of Appeals (CA) in CA-G.R. CR-HC No. 06305 correctly affirmed with modifications the Decision of the Regional Trial Court (RTC) of Calamba City, Branch 35, which found accused-appellant Jim Roy Oruga y Peralta (appellant) guilty beyond reasonable doubt of murder for the treacherous killing of Francisco dela Viña, Jr. 1 (Francisco).
First, "the findings of facts of the trial court, its calibration of the testimonies of witnesses and its assessment of the probative weight thereof, as well as its conclusions anchored on said findings are accorded by [this Court] high respect if not conclusive effect, precisely because of the unique advantage of the trial court in observing and monitoring at close range the demeanor, deportment and conduct of the witnesses as they testify, unless the trial court has overlooked, misconstrued or misinterpreted cogent facts of substance which if considered might affect the result of the case." 2 There being no showing that the RTC misconstrued or misapprehended any relevant fact here, the Court gives full respect to its findings and conclusion, which were sustained on appeal, supporting the conviction of appellant for murder. aScITE
Second, credence was properly accorded to the testimony of Felix Armentia (Felix) who positively identified appellant as the person who stabbed Francisco to death. For one, there was no material inconsistency that would affect the credibility of Felix and his testimony. 3 For another, there was no evidence that he had any improper motive to testify against appellant. 4
Third, appellant's invocation of self-defense was bereft of merit as the same was not only uncorroborated; appellant also miserably failed to establish the condition sine qua non of self-defense, i.e., that the victim committed unlawful aggression against him. 5
Fourth, the killing of the victim was attended by treachery which qualified the crime to murder. To stress, the eyewitness (Felix) categorically stated that Francisco was asleep when appellant stabbed him. As such, there was no doubt that the victim was defenseless when attacked. In sum, such attack was sudden, without any provocation on the part of the victim, and definitely treacherous as the victim had no means at all to defend himself. 6
Lastly, the Court finds the penalty imposed against appellant to be in order. However, pursuant to prevailing jurisprudence, the award of exemplary damages must be increased to P75,000.00; and, temperate damages amounting to P50,000.00 must also be awarded to the heirs of the victim. All the damages awarded shall earn interest at the rate of 6% per annum from the finality of this Resolution until paid in full. 7 DETACa
WHEREFORE, the Court ADOPTS the factual findings of the trial court as affirmed by the Court of Appeals. The appeal is DISMISSED. The assailed March 2, 2015 Decision of the Court of Appeals in CA-G.R. CR-HC No. 06305 is AFFIRMED with MODIFICATIONS in that the award of exemplary damages is increased to P75,000.00; and, temperate damages amounting to P50,000.00 is also awarded to the heirs of the victim, Francisco dela Viña, Jr. All the damages awarded shall earn interest at the rate of 6% per annum from the finality of this Resolution until fully paid.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Reyes, Jr., J., designated as additional member per January 17, 2018 Raffle vice Jardeleza, J., who recused due to prior action as Solicitor General; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. Vina in some parts of the records.
2.People v. Barcimo, Jr., 467 Phil. 709, 716 (2004).
3.People v. Ambatang, G.R. No. 205855, March 29, 2017.
4.People v. Barcimo, Jr., supra note 2 at 719.
5.People v. Mediado, 656 Phil. 377, 382 (2011).
6.People v. Meren, 370 Phil. 118, 125-126 (1999).
7.People v. Jugueta, 783 Phil. 806, 848, 853, 856 (2016).