G.R. No. 173824 - PETER TARAPEN Y CHONGOY, VS. PEOPLE OF THE PHILIPPINES,D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds accused Peter Tarapen GUILTY beyond reasonable doubt for the crime of Homicide and he is hereby sentenced to suffer the penalty of imprisonment at the National Penitentiary, Muntinlupa City from Fourteen (14) Years as Minimum to Twenty (20) Years as Maximum. Peter Tarapen shall also indemnify private complainant Patricia Pangoden the following amounts: One Hundred Ninety Five Thousand Eighty Pesos and 05/100 (P195,080.05), representing the expenses for hospitalization, funeral and burial; Moral Damages to Patricia Pangoden in the amount of Three Hundred Thousand Pesos (P300,000.00) and Death Indemnity of Fifty Thousand Pesos (P50,000.00), and Loss of Earning Capacity in the amount of Three Million One Hundred Thirty Five Thousand Seven Hundred Twenty Pesos (P3,680,800.05), plus costs of suit against the accused. [29] The trial court gave credence to the testimonies of the prosecution witnesses Molly J. Linglingen, Silmana Linglingen and Virginia Costales as against the testimonies of defense witnesses Jimmy Pugoy, petitioner Peter Tarapen and Edmond Ferrer. The trial court found the prosecution's version of the incident credible. The trial court said Virginia Costales saw the first part of the incident, which was the heated argument between petitioner and the victim involving the victim's soiled goods, while Molly J. Linglingen and Silmana Linglingen witnessed the second part of the incident when petitioner went to the back portion of the garbage truck and got a shovel with which he hit the victim from the back, twice on the head, resulting in his death. Having had the opportunity to observe them, it was convinced that they were telling the truth vis-à-vis the defense witnesses who were lying, as can be seen from their hesitant answers and evasive looks when they testified for the petitioner who was a co-employee. The trial court likewise did not appreciate self-defense in favor of petitioner, who struck the unarmed victim from the back, twice on the head. On 8 July 2002, petitioner filed a Motion for Reconsideration, [30] which the trial court denied on 16 July 2002. [31] On 23 July 2002, petitioner filed a Notice of Appeal. [32] In an Order [33] dated 29 July 2002, the trial court, finding the notice of appeal to have been seasonably filed, forwarded the records of the case to the Court of Appeals. On 31 January 2006, the Court of Appeals rendered a decision, affirming with modification the decision of the trial court convicting petitioner Peter Chongoy Tarapen of the crime of Homicide, the decretal portion reading: WHEREFORE, in view of all the foregoing, the decision dated June 20, 2002 of Branch 3 of the Regional trial Court of Baguio City in Criminal Case No. 17792-R finding accused-appellant Peter Tarapen y Chongoy guilty beyond reasonable doubt of the crime of homicide is AFFIRMED with modification. Accused-appellant is sentenced to suffer the penalty of eight (8) years of prision mayor , AS MINIMUM, to fourteen