FIRST DIVISION
[G.R. No. 205439. April 23, 2014.]
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTHONY KERR REYES, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated April 23, 2014which reads as follows: ASHEca
"G.R. No. 205439 — THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, versusANTHONY KERR REYES, accused-appellant.
Before this Court is an appeal from the April 26, 2012 Decision 1 of the Court of Appeals (CA) which affirmed the judgment 2 of the Regional Trial Court (RTC) of Malaybalay City, Bukidnon, Branch 8, finding appellant guilty of the murder of Norman Cabuco (Norman).
Briefly, the prosecution proved the following facts. At around 2:30 in the morning of May 29, 2004, Norman was drinking with Ale Macatana (Macatana) and their friends at the Kanlord Bar in Malaybalay City when appellant arrived on board a motorela. Macatana noticed that appellant was hiding something behind his back as he was approaching them. When appellant came upon them, appellant suddenly stabbed Norman on the neck and punched him. Immediately thereafter, appellant walked away. All of this was witnessed by Macatana who was only four arms length away when Norman was stabbed. 3
Norman was declared dead on arrival at the hospital. According to the autopsy, the cause of death was "stab wound [on the] neck." 4
In the face of the prosecution's evidence, appellant denied that he killed Norman. He admitted that he often goes to Malaybalay City to report to the Parole and Probation Office since his release on probation for violation of the Dangerous Drugs Act. However, at the time of the killing, appellant claimed that he was in the house of his aunt in Agusan, Tin-aw, Cagayan de Oro City. 5
The RTC found appellant guilty beyond reasonable doubt of murder on the ground that the killing was qualified by treachery. The RTC sentenced him to suffer the penalty of reclusion perpetua and to pay the heirs of Norman P50,000 as civil indemnity, P50,000 as moral damages, and P25,000 as actual damages. The RTC noted that appellant was positively identified by Macatana as the one who stabbed Norman. The RTC also found that Macatana's testimony was credible and found no ill motive for him to testify falsely against appellant. The trial court also characterized Macatana's testimony as candid and straightforward. As to the qualifying circumstance of treachery, the RTC held that the killing was attended with treachery because Norman was not in a position to defend himself when he was attacked. The stabbing was so sudden and unexpected that Norman had no opportunity to defend himself. ICcDaA
On appeal, the CA affirmed the decision of the RTC finding appellant guilty of murder but modified the monetary damages awarded by increasing the award of civil indemnity to P75,000. The CA agreed with the findings of the RTC. It held that the evidence has shown beyond reasonable doubt that appellant killed Norman. The CA held that prosecution witness Macatana clearly narrated what took place before, during, and after Norman was stabbed. His testimony as to the identity of appellant as the assailant remained consistent and unwavering even during cross-examination.
The CA likewise found that there was treachery since the attack was so sudden and unexpected that the victim had no opportunity to defend himself. The CA further noted that appellant was already armed with a bladed weapon which he concealed behind his back when he approached Norman. Then, as he reached Norman, appellant suddenly stabbed him in the neck and punched him before leaving.
Hence this appeal which essentially questions the credibility of Macatana.
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. Absent any showing that the lower courts overlooked, misunderstood or misappreciated 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, especially since the findings of the RTC in this case were affirmed by the CA.
Appellant's denial cannot prevail over the positive identification made by the eyewitness. His alibi cannot be given credence as he failed to prove that it would be physically impossible for him to be at the crime scene at the time of the killing. As found by the CA, the locus criminis was only a mere two-hour bus trip from Tin-aw, Agusan, the place where appellant allegedly was at the time of the incident.
However, as regards the amount of damages, a modification is called for. The amount of P25,000 awarded by the RTC as actual damages should be deleted since no actual damages were proven. However, under Article 2224 of the Civil Code, temperate damages in the amount of P25,000 may be recovered for it cannot be denied that the heirs of the victim suffered pecuniary loss although the exact amount was not proved. 6 Moreover, exemplary damages in the amount of P30,000 must likewise be awarded as the killing was qualified by treachery. 7 Finally, consistent with prevailing jurisprudence, appellant should likewise be ordered to pay interest at the rate of 6% per annum on all damages awarded in this case reckoned from the finality of this Resolution until fully paid.
WHEREFORE, the April 26, 2012 Decision of the Court of Appeals in CA-G.R. CR-HC No. 00716-MIN affirming the conviction of appellant Anthony Kerr Reyes for the crime of murder is AFFIRMED with MODIFICATION. Appellant is hereby ordered to pay the heirs of Norman Cabuco P30,000 as exemplary damages and P25,000 as temperate damages in lieu of actual damages. Interest at the rate of six percent (6%) per annum on all damages awarded in this case reckoned from the finality of this Resolution until fully paid shall likewise be paid by appellant.
With costs against the accused-appellant.
SO ORDERED." ECcTaS
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 3-19. Penned by Associate Justice Pedro B. Corales with Associate Justices Romulo V. Borja and Carmelita Salandanan-Manahan concurring. The assailed Decision was rendered in CA-G.R. CR-HC No. 00716-MIN.
2. CA rollo, pp. 20-33. Penned by Presiding Judge Pelagio B. Estopia.
3. Rollo, p. 4.
4. Id. at 5.
5. Id.
6. People v. Domingo, 599 Phil. 589, 609 (2009).
7. People v. Zulieta, G.R. No. 192183, November 11, 2013, p. 6, citing People v. Jalbonian, G.R. No. 180281, July 1, 2013, p. 9.