March 2009 - Philippine Supreme Court Resolutions
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[G.R. No. 185780 : March 16, 2009] LEOPOLDO LEYNES Y LADIP AND NELSON LEYNES Y LADIP V. PEOPLE OF THE PHILIPPINES :
[G.R. No. 185780 : March 16, 2009]
LEOPOLDO LEYNES Y LADIP AND NELSON LEYNES Y LADIP V. PEOPLE OF THE PHILIPPINES
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 16 March 2009:
G.R. No. 185780 (Leopoldo Leynes y Ladip and Nelson Leynes y Ladip v. People of the Philippines). - Petitioners are brothers and were charged with the crime of homicide for attacking one Lucerdo Dela Cruz by stabbing him several times with knives, hitting him on different parts of the body which were the direct and immediate cause of his death.
The Regional Trial Court (RTC) found petitioners guilty beyond reasonable doubt of homicide.[1] It found the prosecution evidence sufficient to establish the elements of the crime charged on one hand, and the testimony of the defense witnesses incredible, on the other. It found Leopoldo's claim of self-defense untenable for lack of unlawful aggression on the part of Lucerdo, and Nelson's alibi weak especially as against the positive testimonies of prosecution witnesses. The trial court sentenced petitioners to suffer the indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum. Petitioners were also ordered to indemnify Lucerdo's family the sum of P17,500.00 for funeral expenses and to pay the costs.
On appeal, the Court of Appeals (CA) affirmed the RTC's decision in toto finding no cogent reason to overturn the factual findings of the RTC considering the elementary rule that factual findings of the trial courts, especially on the credibility of witnesses, are accorded great weight and respect for it has the advantage of observing the demeanor of the witnesses as well as the various indicators of truthfulness or falsehood.[2] Anent the averment that the prosecution failed to prove the chain of custody of the weapons used, it held that production of the weapon used in committing the crime is not a condition sine qua non for the discharge of the burden to prove beyond reasonable doubt the guilt of the accused.[3] It is not vital to the cause of the prosecution especially where other evidence is available to support sufficiently the charges, as in this case.[4]
Petitioners now comes to us for redress via a petition for review on certiorari under Rule 45 of the Rules of Court. Considering however 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, this Court AFFIRMS the findings of fact and conclusions of law in the Decision dated 29 August 2008 of the Court of Appeals in CA-G.R. CR No. 30656, finding petitioners Leopoldo Leynes y Ladip and Nelson Leynes y Ladip guilty beyond reasonable doubt of the crime of Homicide as defined and penalized under Article 249 of the Revised Penal Code. Brion, J., on sick leave.
WITNESS the Honorable Leonardo A. Quisumbing. Chairperson, Honorable Conchita Carpio Morales, Dante O. Tinga. Presbitero J. Velasco. Jr. and Diosdado M. Peralta (designated additional member per Special Order No.587), Members, Second Division, this 16th day of March, 2009.
G.R. No. 185780 (Leopoldo Leynes y Ladip and Nelson Leynes y Ladip v. People of the Philippines). - Petitioners are brothers and were charged with the crime of homicide for attacking one Lucerdo Dela Cruz by stabbing him several times with knives, hitting him on different parts of the body which were the direct and immediate cause of his death.
The Regional Trial Court (RTC) found petitioners guilty beyond reasonable doubt of homicide.[1] It found the prosecution evidence sufficient to establish the elements of the crime charged on one hand, and the testimony of the defense witnesses incredible, on the other. It found Leopoldo's claim of self-defense untenable for lack of unlawful aggression on the part of Lucerdo, and Nelson's alibi weak especially as against the positive testimonies of prosecution witnesses. The trial court sentenced petitioners to suffer the indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum. Petitioners were also ordered to indemnify Lucerdo's family the sum of P17,500.00 for funeral expenses and to pay the costs.
On appeal, the Court of Appeals (CA) affirmed the RTC's decision in toto finding no cogent reason to overturn the factual findings of the RTC considering the elementary rule that factual findings of the trial courts, especially on the credibility of witnesses, are accorded great weight and respect for it has the advantage of observing the demeanor of the witnesses as well as the various indicators of truthfulness or falsehood.[2] Anent the averment that the prosecution failed to prove the chain of custody of the weapons used, it held that production of the weapon used in committing the crime is not a condition sine qua non for the discharge of the burden to prove beyond reasonable doubt the guilt of the accused.[3] It is not vital to the cause of the prosecution especially where other evidence is available to support sufficiently the charges, as in this case.[4]
Petitioners now comes to us for redress via a petition for review on certiorari under Rule 45 of the Rules of Court. Considering however 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, this Court AFFIRMS the findings of fact and conclusions of law in the Decision dated 29 August 2008 of the Court of Appeals in CA-G.R. CR No. 30656, finding petitioners Leopoldo Leynes y Ladip and Nelson Leynes y Ladip guilty beyond reasonable doubt of the crime of Homicide as defined and penalized under Article 249 of the Revised Penal Code. Brion, J., on sick leave.
WITNESS the Honorable Leonardo A. Quisumbing. Chairperson, Honorable Conchita Carpio Morales, Dante O. Tinga. Presbitero J. Velasco. Jr. and Diosdado M. Peralta (designated additional member per Special Order No.587), Members, Second Division, this 16th day of March, 2009.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] In a Decision dated 25 January 2006 of the Regional Trial Court of Manila, Branch 3 and penned by Hon. Antonio I. De Castro.
[2] Rollo, p. 75.
[3] See People v. Nicolas, G.R. No. 137782, 1 April 2003.
[4] Id. at 78-79.