FIRST DIVISION
[G.R. No. 256491. December 7, 2021.]
HUBERT SALVADORA y JACOB, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedDecember 7, 2021which reads as follows:
"G.R. No. 256491 (Hubert Salvadora y Jacob v. People of the Philippines). — This is a Petition for Review on Certiorari1 assailing the Decision 2 dated June 26, 2020 and the Resolution 3 dated March 23, 2021 of the Court of Appeals (CA) in CA-G.R. CR No. 42947, which affirmed the Decision 4 of the Regional Trial Court, Binangonan, Rizal, Branch 67, convicting Hubert Salvadora y Jacob (petitioner) of Carnapping. 5
Considering the allegations, issues, and arguments adduced in the petition, the Court finds no cogent reason to deviate from the CA and the RTC's findings that petitioner is guilty of carnapping. We stress that the CA and the RTC's assessments on the credibility of the prosecution witnesses, and the veracity of their testimonies are given the highest degree of respect, 6 especially if there is no fact or circumstance of weight or substance that was overlooked, misunderstood or misapplied, which could affect the result of the case. 7 Moreover, the trial court had the best opportunity to determine the credibility of the prosecution witnesses, having evaluated their emotional state, reactions, and overall demeanor in open court. Here, the prosecution witnesses identified the petitioner as the perpetrator of the crime and established how he took the vehicle without the owner's consent. On the other hand, the petitioner's defense that he was verbally authorized to sell the vehicle was unsubstantiated. The petitioner's denial is a negative defense that is self-serving and undeserving of weight in law absent clear and convincing proof. 8
FOR THESE REASONS, the Petition for Review on Certiorari is DENIED. The Decision dated June 26, 2020 and the Resolution dated March 23, 2021 of the Court of Appeals in CA-G.R. CR No. 42947 are AFFIRMED.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-26.
2.Id. at 29-38. Penned by Associate Justice Marie Christine Azcarraga-Jacob, with the concurrence of Associate Justices Marlene B. Gonzales-Sison and Florencio Mallanao Mamauag, Jr.
3.Id. at 40-42.
4.Id. at 61-62. Penned by Presiding Judge Dennis Patrick Z. Perez.
5. Republic Act (RA) No. 6539, entitled "AN ACT PREVENTING AND PENALIZING CARNAPPING," approved on August 26, 1972, as amended by RA No. 7659, entitled "AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSE," dated December 13, 1993.
6.People v. Matignas, 428 Phil. 834, 868-869 (2002); People v. Jaberto, 366 Phil. 556, 558 (1999); and People v. Deleverio, 352 Phil. 382, 401 (1998).
7.People v. Orosco, 757 Phil. 299, 310 (2015).
8.People v. Togahan, 551 Phil. 997, 1013-1014 (2007).