G.R. No. 201092 - PEOPLE OF THE PHILIPPINES -, VS. JOEL AQUINO Y CENDANA @ “AKONG,” ACCUSED-.D EC I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , in Criminal Case No. 483-M-2003, the Court finds the Accused JOEL AQUINO alias Akong guilty beyond reasonable doubt of the crime of Murder and hereby sentences him to suffer the penalty of Reclusion Perpetua. The Court hereby orders the accused JOEL AQUINO to pay the heirs of Jesus Lita, the expenses incurred in his burial and funeral services in the total amount of Sixty Thousand One Hundred (P60,100.00) Pesos as actual damages, the sum of Fifty Thousand (P50,000.00) Pesos as moral damages, and P30,000.00 as exemplary damages. In Criminal Case No. 484-M-2003, the Court likewise finds the accused JOEL AQUINO alias Akong guilty beyond reasonable doubt of violating R.A. 6539, otherwise known as the Anti-Carnapping Law, and hereby sentences him to suffer the penalty of Life Imprisonment pursuant to Section 14 of the said R.A. 6539. The said accused is also ordered to pay the amount of Sixty[-]Five Thousand Eight Hundred Seventy[-]Five (P65,875.00) Pesos representing the total installment payments of the Motorcycle. The accused is also ordered to pay costs of this suit. [8] Insisting on his innocence, appellant filed an appeal with the Court of Appeals. However, the appellate court upheld the judgment of the trial court along with some modifications. The dispositive portion of the assailed July 29, 2011 Decision of the Court of Appeals, in turn, reads: WHEREFORE, the appealed Decision is hereby MODIFIED, as follows: a) In Criminal Case No. 483-M-2003, appellant is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole. Appellant is ordered to pay the heirs of the victim actual damages in the sum of P60,100.00, duly proven during the trial, P75,000.00 civil indemnity, P75,000.00 moral damages and P30,000.00 exemplary damages. b) In Criminal Case No. 484-M-2003, appellant is sentenced to suffer the penalty of imprisonment of Fourteen (14) years and Eight (8) months, as minimum, to Seventeen (17) years and Four (4) months, as maximum and to pay the sum of P65,875.00 representing the total installment payments of the motorcycle. [9] Hence, appellant seeks the Courts favorable action on the instant appeal. In his Brief, appellant reiterated the following errors allegedly committed by the trial court when it adjudged him guilty of the charges leveled against him: I THE TRIAL COURT GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIMES CHARGED. II THE TRIAL COURT GRAVELY ERRED IN FINDING THAT THE ALLEGED LONE EYEWITNESS POSITIVELY IDENTIFIED THE ACCUSED-APPELLANT AS ONE OF THE PERPETRATORS OF THE CRIMES. III THE TRIAL COURT GRAVELY ERRED IN FINDING THAT TREACHERY ATTENDED THE KILLING. [10] Appellant challenges his conviction by arguing that the trial court was not able to prove his guilt beyond reasonable doubt because it only relied on the incredible and inconsistent testimony of Jefferson Lita the sole eyewitness presented by the prosecution. He contends that if Jefferso