THIRD DIVISION
[G.R. No. 205608. January 29, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEJANDRO RODRIGUEZ Y BORDEOS, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated January 29, 2014, which reads as follows:
"G.R. No. 205608 (People of the Philippines v. Alejandro Rodriguez y Bordeos). — On May 23, 1985 the Public Prosecutor charged the accused-appellant Alejandro Rodriguez y Bordeos (Rodriguez) with murder and frustrated murder before the Regional Trial Court (RTC) of Tabaco, Albay, in Criminal Cases T-2705 and T-2702, respectively. The cases were jointly tried.
Irene Volante Lontac-Mangampo (Irene), then 16 years of age, testified that at about 11:30 p.m. on May 6, 1995 she woke up in their house in Barangay San Jose, Malilipot, Albay, to prepare a glass of milk for her sick father. On her way to the kitchen, however, a man wearing an improvised mask suddenly approached her, held her by the shoulders, and pointed the edge of a bolo on her neck, warning her to keep quiet. He then pushed her towards where her mother, Anastacia Lontac y Volante (Anastacia) was sleeping. At their approach, however, Anastacia suddenly woke up and, sensing danger, fought off the man who held her daughter captive. TIAEac
In the process, the man's bolo wounded Irene on the neck. On seeing this, Anastacia mounted him on the back, enabling Irene to kick him on the groin. In the course of the struggle, the man's improvised mask fell off his face, enabling Irene to identify him as the accused Rodriguez. Irene had known him since her elementary grades. Indeed, he usually called her "Aiza" after a television personality. There were times when Rodriguez would get drinking water from their house.
Between themselves, Irene and her mother succeeded in driving Rodriguez out of their house through the kitchen door but both of them sustained multiple stab wounds that caused Anastacia's death. 1 Irene was rushed to the Albay Provincial Hospital where she was operated on for six stab and incise wounds.
Accused Rodriguez testified that, although he was born in Sto. Cristo, Tabaco City, he left for Bulacan when he was 14 years of age and had resided on Bangkal Street in Meycauayan, Bulacan. He claimed that on the day of the incident in question, he was in Pandi, Bulacan, working in a construction site. He denied that he resided in San Jose, Malilipot, Albay, although he used to visit their land there to gather young coconuts. He denied knowing Irene and Anastacia. 2
Rogelio Mendoza (Rogelio) testified that he was Rodriguez's co-worker in the construction of a house at Pandi, Bulacan during the months of April and May 1995. During cross-examination, he recalled seeing Rodriguez on May 6, 1995 because the latter was a stay-in on the site. However, when asked for the second time, Rogelio said that he was not really able to see Rodriguez in the evening of May 6, 1995 as he was already at home. 3 cDACST
On March 2, 2010, the RTC rendered judgment finding accused Rodriguez guilty of murder, qualified by treachery and aggravated by abuse of superior strength, in Criminal Case T-2705 and sentenced him to suffer the penalty of reclusion perpetua. The RTC also ordered him to pay Anastacia's heirs P50,000.00 as indemnity, P25,000.00 as temperate damages, P25,000.00 as exemplary damages, and P50,000.00 as moral damages. The RTC also found him guilty of frustrated murder in Criminal Case T-2702 and sentenced him to suffer the penalty of imprisonment from 10 years and 1 day of prision mayor, as minimum, to 12 years and 1 day of reclusion temporal, as maximum. The RTC also ordered him to pay Irene P20,000.00 as civil indemnity, P15,000.00 as moral damages, and P25,000.00 as exemplary damages.
On July 23, 2012 the Court of Appeals (CA) rendered judgment in CA-G.R. CR-HC 04506 dated July 23, 2012, affirming the Decision of the RTC in Criminal Case T-2702 with modification in that the CA sentenced accused Rodriguez to instead suffer the indeterminate penalty of 10 years and 1 day of prision mayor, as minimum, to 14 years, 8 months, and 1 day of reclusion temporal, as maximum. The CA affirmed the RTC Decision in Criminal Case T-2705 in all respects. HcSCED
Accused Rodriguez points out that his alibi made it impossible for him to be in Albay on the date and time when the crimes charged supposedly took place. Albay was a long way off from Pandi, Bulacan. But, as the CA pointed out, Irene who survived the attack in Albay positively identified him as the assailant who killed her mother and who would have killed her as well had she not been treated on time. Irene was forthright and sure. It was not likely for her to make a mistake. 4 As the trial court pointed out 1) the attack was frontal; 2) the crime scene was well-illuminated by a fluorescent bulb; and 3) Irene had known Rodriguez for a long time. 5 What is more, Irene had no reason to falsely testify against him. She only had that earnest desire to bring the assailant to justice. 6
Further, as the Office of the Solicitor General points out, the doctors who attended the victim corroborated Irene's testimonies. 7 The matter of assigning values to declaration on the witness stand is best and most competently left to the trial judge who had the opportunity to observe the witnesses. 8
All told, the prosecution proved beyond reasonable doubt that Rodriguez was responsible for the murder of Anastacia and for the frustrated murder of Irene. The Court, however, modifies the award of exemplary damages to P30,000.00 to conform to current jurisprudence. 9
WHEREFORE, the Court AFFIRMS in toto the assailed Decision of the Court of Appeals in CA-G.R. CR-HC 0450G dated July 23, 2012 finding accused-appellant Alejandro Rodriguez y Bordeos GUILTY beyond reasonable doubt of the crimes of murder in Criminal Case T-2705 and frustrated murder in Criminal Case T-2702 with MODIFICATION that the award of exemplary damages in both cases is INCREASED to P30,000.00.
SO ORDERED." STCDaI
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. CA rollo, pp. 37-39.
2. Id. at 40.
3. TSN, January 22, 2009, pp. 3-8, 14.
4. TSN, November 15, 2006, pp. 5-6.
5. CA rollo, p. 12.
6. Serrano v. People, G.R. No. 175023, July 5, 2010, 623 SCRA 322, 334.
7. CA rollo, p. 127.
8. Pentecostes, Jr. v. People, G.R. No. 167766, April 7, 2010, 617 SCRA 504, 515.
9. People v. Satonero, G.R. No. 186233, October 2, 2009, 602 SCRA 769, 782.