November 2008 - Philippine Supreme Court Resolutions
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[G.R. No. 183940, November 24, 2008] BIENVENIDO CABRERA V. PEOPLE OF THE PHILIPPINES:
[G.R. No. 183940, November 24, 2008]
BIENVENIDO CABRERA V. PEOPLE OF THE PHILIPPINES
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 24 November 2008:
G.R. No. 183940 (Bienvenido Cabrera v. People of the Philippines).- Herein petitioner was charged with the crime of Homicide for stabbing his cousin Narciso Cabrera which resulted in the latter's death. Both the Regional Trial Court[1] (RTC) and the Court of Appeals[2] (CA) found the prosecution evidence sufficient to establish all the essential elements of the crime charged. Despite positive identification by the prosecution's witnesses, petitioner presented a different factual version interposing as defenses denial and his uncorroborated self-defense theory. As positive assertions deserve more credence and entitled to greater evidentiary weight, the RTC sentenced petitioner to suffer the penalty of imprisonment of six (6) years and one (1) day to ten (10) years and one (1) day. It awarded the victim's heirs P73,000.00 as actual damages and P50,000.00 as civil indemnity for death.
On appeal, petitioner claimed that his right to due process was violated when the RTC allegedly rendered its decision that was prepared and finalized as early as 24 November 2005 even before their evidence had been offered and admitted. The CA found that what had transpired was a mere harmless clerical error and affirmed the decision of the RTC with modifications. The Court of Appeals modified the penalty to six (6) years and one (1) day of prision mayor as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum pursuant to the Indeterminate Sentence Law. It awarded the victim's heirs P50,000.00 moral damages in addition to the award of actual damages and civil indemnity.
Considering the allegations, issues and arguments adduced, this Court RESOLVES to DENY the instant petition for failure to sufficiently show reversible error in the assailed decision to warrant the exercise of this Court's discretionary appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated 14 March 2008 of the Court of Appeals in CA-G.R. CR No. 30414, finding herein petitioner Bienvenido Cabrera guilty beyond reasonable doubt of the crime of Homicide and AFFIRMS said Decision.
G.R. No. 183940 (Bienvenido Cabrera v. People of the Philippines).- Herein petitioner was charged with the crime of Homicide for stabbing his cousin Narciso Cabrera which resulted in the latter's death. Both the Regional Trial Court[1] (RTC) and the Court of Appeals[2] (CA) found the prosecution evidence sufficient to establish all the essential elements of the crime charged. Despite positive identification by the prosecution's witnesses, petitioner presented a different factual version interposing as defenses denial and his uncorroborated self-defense theory. As positive assertions deserve more credence and entitled to greater evidentiary weight, the RTC sentenced petitioner to suffer the penalty of imprisonment of six (6) years and one (1) day to ten (10) years and one (1) day. It awarded the victim's heirs P73,000.00 as actual damages and P50,000.00 as civil indemnity for death.
On appeal, petitioner claimed that his right to due process was violated when the RTC allegedly rendered its decision that was prepared and finalized as early as 24 November 2005 even before their evidence had been offered and admitted. The CA found that what had transpired was a mere harmless clerical error and affirmed the decision of the RTC with modifications. The Court of Appeals modified the penalty to six (6) years and one (1) day of prision mayor as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum pursuant to the Indeterminate Sentence Law. It awarded the victim's heirs P50,000.00 moral damages in addition to the award of actual damages and civil indemnity.
Considering the allegations, issues and arguments adduced, this Court RESOLVES to DENY the instant petition for failure to sufficiently show reversible error in the assailed decision to warrant the exercise of this Court's discretionary appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated 14 March 2008 of the Court of Appeals in CA-G.R. CR No. 30414, finding herein petitioner Bienvenido Cabrera guilty beyond reasonable doubt of the crime of Homicide and AFFIRMS said Decision.
Very truly yours.
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] In a Decision dated 24 November 2005 penned by Presiding Judge Cristino E. Judit, Regional Trial Court of Taal, Batangas, Branch 86 in Criminal Case No. 5-2001.
[2] In a Decision dated 14 March 2008 penned by Associate Justice Andres B. Reyes, Jr. and concurred in by Associate Justices Jose C. Mendoza and Ramon M. Bato Jr. in CA-G R No 30414.
