FIRST DIVISION
[G.R. No. 215743. June 17, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JESSIE ROCHA y ABAYA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 17, 2019which reads as follows:
"G.R. No. 215743 (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JESSIE ROCHA y ABAYA, Accused-Appellant.) — After a judicious review of the records, the Court resolves to DISMISS the appeal from the decision 1 promulgated by the Court of Appeals (CA) on April 11, 2014 in CA-G.R. CR-HC No. 05795 whereby the CA affirmed the decision 2 dated September 12, 2012 of the Regional Trial Court (RTC), Makati City finding the accused-appellant guilty of murder in Criminal Case No. 10-916.
The Court finds no reason to doubt the credibility of the prosecution witnesses. The trial court's evaluation of the credibility of witnesses is entitled to the highest respect and will not be disturbed on appeal considering that the trial court is in a better position to decide such question, having heard the witnesses themselves and observed their deportment and manner of testifying during the trial. Its findings on the issue of credibility of witnesses and the consequent findings of fact must be given great weight and respect on appeal, unless certain facts of substance and value have been overlooked which, if considered, might affect the result of the case. 3 HTcADC
At any rate, We affirm the conviction of the accused-appellant since the prosecution had proved the presence of all the essential elements of the crime of murder. The prosecution witnesses had also positively identified herein accused-appellant as the person who stabbed the victim several times while being held by his (accused-appellant) two companions. Their testimonies on the stabbing had also been corroborated by the findings of the medico-legal officer. Taken together, these pieces of evidence support the finding that the accused-appellant is guilty beyond reasonable doubt of the crime of murder.
We note however, the need to modify the awards of damages given to the heirs of the victim to conform with recent jurisprudence. 4 Accordingly, the accused-appellant should pay the following amounts: P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P75,000.00 as exemplary damages, subject to interest at six percent per annum (6%) from finality of this resolution until fully paid.
WHEREFORE, the Court DISMISSES the appeal; AFFIRMS the April 11, 2014 decision of the Court of Appeals in CA-G.R. CR-HC No. 05795; and ORDERS the accused-appellant to pay the following amounts: P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P75,000.00 as exemplary damages, subject to interest at six percent per annum (6%) from finality of this resolution until fully paid. CAIHTE
SO ORDERED."Jardeleza, J., no part due to prior action as Solicitor General; Lazaro-Javier, J., designated Additional Member per Raffle dated April 29, 2019.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 2-17; penned by Associate Justice Magdangal M. De Leon, concurred by Associate Justice Stephen C. Cruz and Associate Justice Eduardo B. Peralta, Jr.
2. CA rollo, pp. 28-47; penned by Presiding Judge Benjamin T. Pozon.
3.People v. Bensing, G.R. No. 138989, September 17, 2002, 389 SCRA 182, 190.
4.People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331, 382.