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JurisprudenceG.R. No. 135331 -

G.R. No. 135331 -

Cited Laws

RA 1RA 464RA 529RA 157RA 295RA 705RA 687RA 344RA 124RA 79RA 618RA 210RA 199RA 158RA 466RA 129RA 379
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TL;DR — Ruling

WHEREFORE, the accused Ronnie Palec and Joemar Palec are hereby found guilty beyond reasonable doubt as principals of the crime of Murder, defined and penalized under Art. 248 of the Revised Penal Code and are hereby punished with imprisonment of Reclusion Perpetua to Death, to pay the heirs of the victim the amount of P50,452.80 as actual damages, P50,000.00 as civil indemnity and to pay the costs.

Decision

Ruling

WHEREFORE, the accused Ronnie Palec and Joemar Palec are hereby found guilty beyond reasonable doubt as principals of the crime of Murder, defined and penalized under Art. 248 of the Revised Penal Code and are hereby punished with imprisonment of Reclusion Perpetua to Death, to pay the heirs of the victim the amount of P50,452.80 as actual damages, P50,000.00 as civil indemnity and to pay the costs. [10] The positive identification of the assailants by the prosecution witnesses was given more weight by the trial court than the alibis offered by the accused. The trial court found the testimonies of the defense witnesses to be "self-serving, conflicting, erroneous and contrary to [the] ordinary course of human conduct." [11] Also, the trial court declared that the killing was committed with treachery since the attack upon the victim was sudden and completely unexpected. [12] In their brief, [13] accused-appellants prayed for the reversal of the trial court's decision, claiming that the testimonies of the prosecution witnesses were inconsistent and conflicting on material points, specifically with respect to the actual participation of each of the accused in the attack. Absent any showing that it has overlooked, misapprehended, or misapplied some facts of weight and substance which, if properly considered, would have altered the result of the case, the trial court's assessment of the credibility of the witnesses shall be sustained by this Court. [14] Having had the distinct opportunity of directly observing the demeanor of the witnesses, the trial court is in a better position to ascertain whether or not he or she is telling the truth. [15] After a careful and circumspect study of the records of this case, we find that the lower court was justified in upholding the testimony of the prosecution witnesses as being worthy of full faith and credence. The testimonies of Alvin Suede and Melchor Molina, both eyewitnesses to the killing, were direct, straightforward and coincided on all material points. On direct examination, Alvin testified as follows: FISCAL AMULAR: (To the witness) Q: Since you said, you stayed in the house of your cousin Roberta Batoy that evening of April 27, 1994, did you sleep there also? A: No, sir. FISCAL AMULA (To the witness) Q: Why did you not sleep there? WITNESS ALVIN SUEDE: A: Because at about quarter to 7:00, I was invited by Floro Batoy to walk to the place of his friend who was getting married. Q: What is the name of the friend of Floro Batoy who was getting married? A I know him only by alias John. Q Did you happen to reach the house of alias John whom you said was getting married? A: No, sir. Q: But, did you know at what barangay is the house of alias John was situated? A At Barangay Datagan. Q: This Barangay Datagan is also part of the municipality of Calinog? A: Yes, sir, still part of Calinog. Q: When you were invited by Floro Batoy to go to the house of his friend at Barangay Datagan, Calinog, did you go with him? A