G.R. No. 140732 - PEOPLE OF THE PHILIPPINES, VS. JOB CORTEZANO Y PAJO, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, the prosecution having proven the guilt of the accused beyond reasonable doubt, accused Job Cortezano is here found GUILTY of the offense of Murder. He is ordered to suffer the penalty of Reclusion Perpetua and to pay the heirs of Roderick Valentin the following amounts: actual damages in the amount of P16,520.00; P50,000.00 for the death of the victim; P30,000.00 for moral damages; and to pay the costs. [1] Accused-appellant is now before this Court, raising the following errors: I THE COURT A QUO GRAVELY ERRED IN GIVING CREDENCE TO THE IDENTIFICATION OF THE ACCUSED BY PROSECUTION WITNESS JERNY VALENTIN. II THE COURT A QUO GRAVELY ERRED IN CONSIDERING THE ALLEGED DYING DECLARATION OF THE DECEASED IN THE IDENTIFICATION OF THE ACCUSED. III THE COURT A QUO ERRED IN NOT GIVING CREDENCE TO THE DEFENSE OF ALIBI INTERPOSED BY THE ACCUSED. [2] The events of this fateful incident, according to the prosecution, unraveled at 7:00 in the evening of May 30, 1998, when the unsuspecting victim, Roderick Valentin, and his younger brother, Jerny, were on their way to fetch fresh water from a well in Daligan, Bonawon on board a banca. The darkness and silence of the early evening were shattered when a flashlight beam originating from some point along the shore fell on Roderick and a gunshot rang out. The bullet hit Roderick in the chest. Within seconds, the light shifted and focused on Jerny. Another shot was fired, but it missed him. The gunman extinguished his light and approached the banca. Jerny, recovering from the shock of the unexpected attack, got hold of his flashlight and beamed it on the approaching shooter. From a distance of about six (6) meters, both Jerny and the wounded Roderick immediately recognized accused-appellant Job Cortezano. Despite the shock and pain, Roderick asked Cortezano why he had shot him (Roderick). Alarmed that he had been recognized and identified, Cortezano hurriedly left the scene. Jerny then started paddling the banca towards the direction of their house to get help for Roderick. Jimmy Valentin, father of Roderick and Jerny, heard Jerny repeatedly screaming that Roderick had been shot by Cortezano. They immediately transferred Roderick to a rented motorized banca to bring him to the nearest hospital. On the way to the hospital, Roderick kept crying from the pain and muttering that he was shot by Cortezano. Roderick never reached the hospital alive. He expired at 10:00 that very night cradled in the arms of his mother, Tita Valentin. At the time of his death, Roderick was only 25 years old, and was the eldest child. His P200.00 daily wage as a fishpond worker helped support his parents and siblings. The material loss of the family compounded the emotional trauma that it suffered from Rodericks untimely demise. These events and circumstances were narrated by Jerny, Jimmy and Tita Valentin on direct- and cross-examination. Jesus Alonzo, barangay captain of Daligan, Tinambac, Camarines Sur,