G.R. No. 170974 - ROMEO I. SUERTE-FELIPE, vs. PEOPLE OF THE PHILIPPINES. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, accused ROMEO I. SUERTE FELIPE is hereby found GUILTY beyond reasonable doubt of the crime of HOMICIDE. Accordingly, said accused is hereby sentenced to suffer an indeterminate penalty of EIGHT (8) YEARS and ONE (1) DAY of prision mayor as minimum, to SEVENTEEN (17) YEARS of reclusion temporal, as maximum. Moreover, said accused is hereby ordered to pay the heirs of Godofredo Ariate the sum of P50,000.00 as indemnity for the death of Godofredo Ariate, P21,800.00 as actual damages, and to pay the costs. [6] Petitioner appealed to the Court of Appeals assigning the following as errors: THE TRIAL COURT ERRED IN CONCLUDING THAT IT WAS GODOFREDO ARIATES BODY THAT WAS AUTOPSIED BY DR. LUDOVINO LAGAT; THE TRIAL COURT ERRED IN CONCLUDING THAT THE SLUG RECOVERED BY DR. LUDOVINO LAGAT CAME FROM THE FATAL WOUND THAT KILLED GODOFREDO ARIATE; THE TRIAL COURT ERRED IN CONCLUDING THAT THE SLUG RECOVERED BY DR. LUDOVINO LAGAT CAME FROM THE .45 FIREARM OF THE APPELLANT; THE TRIAL COURT ERRED IN DISMISSING THE TESTIMONY OF APPELLANT AS CONFUSED AND UNBELIEVABLE, AND THAT OF DANILO VILLA AS THAT OF A PLANTED WITNESS; AND THE LOWER COURT ERRED IN RELYING HEAVILY ON THE TESTIMONIES OF RODOLFO ALUMBRES AND PIO ARCE NOTWITHSTANDING THEIR LACK OF CREDIBILITY. [7] On 29 December 2005, the Court of Appeals rendered the assailed Decision, disposing of the case as follows: WHEREFORE, the assailed decision of the Regional Trial Court of Pasay city, Branch 117, in Criminal Case No. 00-0182, convicting appellant Romeo I. Suerte-Felipe of homicide is hereby AFFIRMED with the MODIFICATION that an additional amount of Fifty Thousand Pesos (P50,000.00) is awarded to the heirs of the victim Godofredo Ariate as moral damages. No pronouncement as to costs. [8] Petitioner filed the instant Petition for Review on Certiorari, raising the following arguments: THERE IS REASONABLE DOUBT AS TO THE GUILT OF PETITIONER THERE BEING NO CLEAR EVIDENCE TO SUPPORT THE CONCLUSION THAT IT WAS GODOFREDO ARIATES BODY THAT WAS AUTOPSIED BY DR. LUDOVINO LAGAT. ASSUMING ARGUENDO THAT THE AUTOPSIED BODY WAS THAT OF GODOFREDO ARIATE, STILL THERE IS REASONABLE DOUBT THAT PETITIONER IS GUILTY THERE BEING NO CLEAR EVIDENCE THAT THE SLUG IN QUESTION WAS RECOVERED FROM ANY FATAL WOUND THAT CAUSED HIS DEATH. ASSUMING ARGUENDO THAT THE SLUG IN QUESTION WAS RECOVERED IN ANY FATAL WOUND, STILL THERE IS REASONABLE DOUBT AS TO PETITIONERS GUILT THERE BEING NO CLEAR EVIDENCE THAT THE SAME SLUG CAME FROM THE .45 FIREARM OF PETITIONER THERE IS REASONABLE DOUBT THAT PETITIONER IS GUILTY SINCE THE CONCLUSION THAT HIS TESTIMONY IS AS CONFUSED AS IT IS UNBELIEVABLE, AND THAT OF HIS WITNESS DANILO VILLA AS THAT OF A PLANTED WITNESS IS CONTRARY TO ESTABLISHED FACTS AND APPLICABLE DECISIONS OF THIS HONORABLE COURT THERE IS REASONABLE DOUBT AS TO PETITIONERS GUILT, HIS CONVICTION BEING BASED ON THE TESTIMONIES OF RODOLFO ALUMBRES AND PIO ARCE NOTWITHSTANDING THEIR LACK OF CREDIBILITY AS THE TRIAL COURT ITSELF