G.R. No. 140762 - PEOPLE OF THE PHILIPPINES, VS. PO3 ROGER ROXAS Y CABASAG.D E C I S I O N - Supreme Court E-Library

Ruling

ACCORDINGLY, judgment is hereby rendered finding the accused PO3 ROGER ROXAS y Cabasag GUILTY beyond reasonable doubt as Principal of the crime of MURDER, as charged herein, as defined and penalized in the Revised Penal Code, qualified by taking advantage of superior strength and, with the aggravating circumstance of dwelling, he is hereby sentenced to suffer the penalty of DEATH. "On the civil aspect, accused Roger Roxas y Cabasag is ordered to pay the heirs of Lorna Puno y Maceda the sum of P50,000.00 as indemnity damages and P100,000.00 as exemplary damages. "The ARMSCOR caliber .38 revolver with serial number PO7161 (Exhibit M) shall be forwarded to the PNP Firearms and Explosives Division, Camp Crame, Quezon City for safekeeping in accordance with law. "Pursuant to law and the Rules of Court, let the entire records of this case be forwarded forthwith to the Honorable Supreme Court for automatic review." [5] Appellant assails the credibility of prosecution witnesses Joelyn B. Maceda and Melinda Taliño. But, as it has so often been stated by this Court, the issue of credibility of witnesses is a question for the trial court basically to resolve. The rule is logical and well founded. It is the trial judge which has all the opportunity to observe witnesses when they testify before him and for him to then draw the line between fact and falsehood. An appellate court thus would find itself relying mostly on the assessment of the trial court in this respect. The records of this case do not disclose any reason for this Court to now deviate from this long-settled doctrine. Appellant contends that the prosecution has suppressed evidence in failing to present the affidavit of Melinda calling attention to the presumption that "evidence willfully suppressed would be adversed (sic) if produced." The contention is a futile attempt to invoke exoneration. Ex-parte affidavits, which are often incomplete and inaccurate, are scarcely depended on and will certainly not prevail over credible statements of a witness on the stand, [6] particularly when the defense has had the full opportunity to cross-examine such a witness. Appellant's argument that the trial court disregarded "the law on ballistics" when it ignored the fact that the slug found was that of a caliber .45 gun, not that of a .38 caliber handgun, like the service revolver of appellant, hardly could be material. It would only show that it was not appellant's service revolver which was used in the commission of the crime. With the positive identification by eyewitness Joelyn of appellant as being the perpetrator of the crime, the non-presentation by the prosecution of the weapon used in committing the crime would not at all be fatal. [7] Joelyn witnessed at close range the killing of her sister. Her testimony, an eyewitness account, was found credible by the trial court. The relationship of Joelyn to the victim would not be a reason to either discredit her or disbelieve her testimony; in fact, it should