Philippine Supreme Court Resolutions > Year 2010 > August 2010 Resolutions > [G.R. No. 188128 : August 09, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE VERSUS TOMAS MALONES AND JUBERT MALONES, APPELLANTS. :

Please take notice that the Court, Third Division, issued a Resolution dated 09 August 2010, which reads as follows:

G.R. No. 188128 PEOPLE OF THE PHILIPPINES, Appellee versus TOMAS MALONES and JUBERT MALONES,^[1] Appellants.

R E S O L U T I O N

Herein appellants Tomas Malones (Tomas) alias Tommy and Jubert Malones (Jubert) alias Banoy, along with Eddie Barraca (Eddie) alias Bobot, Gilbert Malones and Kalbo Malones were, by Amended Information filed before the Regional Trial Court (RTC) of Roxas, Oriental Mindoro, charged with murder for the death of Enrique Celerio (the victim) on February 24, 2001.

Appellants and Eddie entered not guilty pleas. The other indictees, Gilbert and Kalbo Malones, have remained at-large.

It appears that at around 10:00 p.m. of February 24, 2001, as the victim was leaving a house publicly showing betamax movies at Barangay Cantil, Roxas, Oriental Mindoro, he was suddenly stabbed from behind by Eddie. While the victim managed to run away for a short distance with the knife still embedded in his back, he was immediately blocked and ganged up by Eddie's companions including appellants who took turns in stabbing him.

By Decision of November 2, 2006, the RTC of Oriental Mindoro, Br. 43 convicted appellants and Eddie as charged, disposing as follows:

WHEREFORE, the prosecution having been found to have successfully proven the guilt of each of the accused: Eddie Barraca y Malones; Tomy Malones y Prado; and Jubert Malones @ "Banoy" beyond reasonable doubt, the court hereby sentences each of them to suffer the penalty of RECLUSION PERPETUA, there being no mitigating or aggravating circumstance present; to indemnify the heirs of Enrique Celerio, jointly and severally, the amount of FIFTY THOUSAND (Php50,000.00) PESOS; to pay the heirs of Enrique Celerio, jointly and severally the amount of FOUR HUNDRED FIFTY THOUSAND (Php450,000.00) PESOS which is the amount equivalent to the lost average income of 100 cavans of palay per harvest in a year time for a period of ten years, the length of time Enrique Celerio would have supposed to remain as farmer, if living, with one cavan of palay priced at FOUR HUNDRED FIFTY (Php450.00) PESOS and the amount of TEN THOUSAND (Php10,000.00) PESOS for the coffin; and, to pay the heirs of Enrique Celerio, jointly and severally, the amount of TWENTY FIVE THOUSAND (Php25,000.00) PESOS for moral damages. Be it noted in this connection that each of the accused is entitled to the full credit of their respective detention at the Provincial District Jail of Roxas, Oriental Mindoro.^[2]

Only appellants appealed to the Court of Appeals. The appellate court, by Decision of March 30, 2009, affirmed the decision of the trial court. It held that the trial court committed no reversible error in relying heavily on the testimonies of the prosecution witnesses who positively identified the accused including appellants as the perpetrators of the crime due, in large measure, to the fact that the place of the incident was well-lighted by lampposts and nearby houses.

On appellants' alibi, the appellate court found the same weak vis-a-vis the collective testimonies of the prosecution witnesses which were corroborated by physical evidence.

After a review of the records of the case, the Court finds that, indeed, appellants' guilt has been proven beyond reasonable doubt. Their argument that inconsistencies in the testimonies of the prosecution witnesses raised serious doubts on their (appellants') presence at the crime scene fails. The inconsistencies are trivial and minor at best, and do not detract from the established fact that all the prosecution witnesses consistently and categorically identified appellants as among the perpetrators of the crime.

The appeal is accordingly DISMISSED.

Endnotes:

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^[1] Also referred to in the records as Joebert Malones.

^[2] Records, pp. 170-171.