FIRST DIVISION
[G.R. No. 198714. January 9, 2013.]
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JIMMY PEROCHO y GUTIERREZ, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 9, 2013which reads as follows:
"G.R. No. 198714 — THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, versus JIMMY PEROCHO y GUTIERREZ, accused-appellant.
On appeal is the Court of Appeals (CA) March 9, 2011 Decision 1 affirming the judgment 2 of the Regional Trial Court (RTC) of Caloocan City, Branch 129, finding appellant liable for the killing of Larry Salatambos y Del Monte (Larry).
Summarily, the prosecution proved the following facts: At around 10:00 P.M. on August 23, 2003, Larry was together with his cousin Arnel Salatambos (Arnel) and his friend Rico Santos (Rico). They were talking when appellant suddenly approached them and shook their hands. Appellant and Larry shook hands and talked to each other. Suddenly, appellant stabbed Larry in the heart and left chest. Both Arnel and Rico witnessed the stabbing incident.
During the trial, appellant denied that he committed the crime. He claimed that at the time of the incident he was inside his house with his family when his house was suddenly stoned by eight persons. He went outside to check, but his head was hit with a stone and he was shot in the stomach. Thus, he retreated to his house but went back outside for a second time. He claimed that several persons then ganged up on him and he blacked out. After regaining consciousness, he was able to run away and was able to lock himself in his neighbor's house. He added that he surrendered to the police after they arrived. On cross examination, he claimed that he and another person were mauled in his yard and he did not know that the other person was Larry. TDCaSE
The RTC found appellant guilty beyond reasonable doubt of murder qualified by treachery. The RTC sentenced him to reclusion perpetua and ordered him to pay the heirs of the victim P50,000 as civil indemnity. The RTC found that the prosecution's witnesses positively identified appellant as the one who stabbed and killed Larry. The killing was attended with treachery because Larry was not given the opportunity to defend himself when appellant suddenly stabbed him. The RTC further held that absent ill motive on the part of the prosecution's witnesses and given their positive identification of the appellant, the defense of appellant was not worthy of belief.
On appeal, the CA affirmed the decision of the RTC finding appellant guilty of murder and additionally ordered appellant to pay the heirs of Larry P50,000 as moral damages, P64,554.50 as actual damages, and P30,000 as exemplary damages. It also increased the amount of civil indemnity awarded to P75,000. The CA took note that appellant made a claim of self-defense in his testimony, but failed to establish the presence of unlawful aggression against him. The CA did not believe appellant's self-serving claim that he was attacked by the deceased and eight other persons as there was no evidence presented to show that Larry stoned or shot appellant.
After a careful review of the records of this case and the parties' submissions, the Court finds no cogent reason to overturn the findings and conclusions of the RTC and CA. There is no showing that either the RTC or the CA committed any error in law and in its findings of fact especially as to the credibility of the prosecution witnesses. 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 said witnesses on the stand and ascertain if they are telling the truth or not. Absent any showing in this case 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. 3
However, as regards the amount of damages, we deem it proper to impose interest on all damages at the rate of 6% per annum from finality of this resolution until fully paid consistent with prevailing jurisprudence. 4 TIHCcA
WHEREFORE, the March 9, 2011 Court of Appeals Decision in CA-G.R. CR.-H.C. No. 03045 affirming the conviction of appellant Jimmy Perocho y Gutierrez is AFFIRMED with MODIFICATION. Appellant is further ordered to pay interest on all damages at the rate of 6% per annum from finality of this Resolution until fully paid.
With costs against the appellant.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1.Rollo, pp. 2-17. Penned by Associate Justice Jose C. Reyes, Jr. with Associate Justices Antonio L. Villamor and Amy C. Lazaro-Javier concurring. The assailed decision was rendered in CA-G.R. CR.-H.C. No. 03045.
2.CA rollo, pp. 12-30. Penned by Judge Thelma Canlas Trinidad-Pe Aguirre.
3.People v. Obina, G.R. No. 186540, April 14, 2010, 618 SCRA 276, 280-281.
4.People v. Medice, G.R. No. 181701, January 18, 2012, 663 SCRA 334, 348; People v. Tubongbanua, G.R. No. 171271, August 31, 2006, 500 SCRA 727, 743.