G.R. NO. 158904 - ORLANDO SOLIS UNGSOD, VS. PEOPLE OF THE PHILIPPINES.

Ruling

WHEREFORE, premises considered, the Court finds accused Orlando Solis Ungsod guilty beyond reasonable doubt of the crime of Homicide and, there being no mitigating nor aggravating circumstance and applying the Indeterminate Sentence Law, hereby imposes upon the accused the penalty of imprisonment from twelve (12) years and one (1) day to fourteen (14) years and eight (8) months. Accused Orlando Solis Ungsod is directed to pay the surviving spouse of victim PO3 Ronilo Goot Gayutin the amount of P50,000.00 as civil indemnity and, as no claim for actual damages was made as the same was reimbursed by the Philippine National Police (PNP), to pay said surviving spouse the amount of P50,000.00 as moral damages and the amount of P25,000.00 as attorney's fees. [10] Petitioner seasonably filed his notice of appeal. However, in the decision now assailed before us, the Court of Appeals sustained the trial court's finding with respect to petitioner's guilt as well as the award of damages but modified the period of his imprisonment, thus: WHEREFORE, foregoing premises considered, the Decision dated January 15, 2000 is hereby AFFIRMED with MODIFICATION. Appellant is hereby sentenced to suffer the penalty of imprisonment from 6 years and 1 day of prision mayor as minimum, to 14 years and 8 months and 1 day of reclusion temporal as maximum. The award of damages is likewise affirmed. [11] With the subsequent denial of his motion for reconsideration, petitioner is now before this Court raising the following issues for our resolution: Whether or not the facts constituting the circumstantial evidence found by the trial court and adopted by the court a quo [sic] to be present are sufficient to support the conviction of the petitioner; and Whether or not the award of attorney's fees and moral damages were correct. [12] There is no question that petitioner's conviction by the trial court was based purely on circumstantial evidence, to wit: (a) On the night of November 21, 1996 at around 11:00 o'clock in the evening, both the accused and the victim, PO3 Ronilo Goot Gayutin, were at the Rainbow Lodging and Sing-along Bar in Barangay Poblacion, Taytay, Palawan; (b) The accused and Gayutin were seen by Jerry Reyes and Napoleon Badoy inside the comfort room of that establishment and Gayutin was being strangled by Ungsod with his left hand, while the two were struggling with each other. The right hand of the accused was in his waistline (TSN, April 13, 1998, pp. 7, 15); (c) When Jerry Reyes tried to pacify the two, the accused told him, "kung ayaw ninyong madamay lumabas kayo" (TSN, April 13, 1998, p. 7; March 23, 1998, pp. 11-12); (d) A moment later, a gunshot was heard from inside the comfort room occupied by the accused and Gayutin (TSN, April 13, 1998, p. 8; March 23, 1998, p. 12); (e) The accused immediately left the bar, and Jerry Reyes, Napoleon Badoy and Ricardo Pe (owner of the bar) looked inside the comfort room and found that Gayutin had been shot to death and was