January 2011 - Philippine Supreme Court Resolutions
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[G.R. No. 189275 : January 19, 2011] PEOPLE OF THE PHILIPPINES V. SEVERINO CASTILLO, JR. :
[G.R. No. 189275 : January 19, 2011]
PEOPLE OF THE PHILIPPINES V. SEVERINO CASTILLO, JR.
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 19 January 2011 which reads as follows:
G.R. No. 189275 (People of the Philippines v. Severino Castillo, Jr.).-
The Assistant Provincial Prosecutor of Camarines Sur charged the accused Severino Castillo, Jr., (Severino) and Alfredo Napili[1] alias "Edong" (Alfredo) before the Regional Trial Court (RTC) of Calabanga of the murder of Cederio Moreno (Cederio)[2] in Criminal Case RTC'04-923. Trial proceeded only as to Severino since Alfredo remained at large.
The prosecution presented Mary Ann Moreno, Cederio's daughter, who testified that at 6:00 p.m. on February 2, 2004, as she arrived home from school, she noticed that her father was not there. Her brother Ariel told her that their father was having drinks with others at Wenceslao Castillo's[3] house. When Mary Ann went there to fetch her father, she saw him in the company of Wenceslao, Fernando Castillo, Randy Tabilog, Jonathan Ortilla, Tiago Barabad, and the accused Severino and Alfredo, singing and drinking gin. Wencesfao told Mary Ann to wait until they were done.
After the drinking party ended at around midnight, Cederio and Mary Ann left for home. They were halfway to their house when Mary Ann noticed accused Severino and Alfredo joining them from behind. Recognizing Severino by moonlight, she asked him where he was going since that was not his route home. Severino replied that he was going to buy cigarettes. Mary Ann walked side by side with Severino up to a point but she dropped behind to wait for her father who was walking slowly because of a foot injury.
When they got to walk alongside each other again, Severino placed his arms on the shoulders of Cederio and Mary Ann who were on either side. Uncomfortable with this, Mary Ann walked ahead. Subsequently, she heard someone exclaim "Ah!" and, when she turned to look, she saw Severino stab her father on the chest. She frantically ran home ahead and told her mother and siblings about it. Upon her urgings, they all hid.
When Mary Ann heard someone enter their house, she quickly ran out and took refuge at Rodolfo Libotan's house where she fainted. When she regained consciousness and told Rodoffo what happened, they decided to wait it out. In the morning, Mary Ann returned to her house, accompanied by the Libotans. They found the lifeless body of her father slumped at the backyard.
Rodolfo corroborated Mary Ann's testimony. He recounted that around 2:00 a.m. he let her, frightened and crying, enter his house. On hearing her story, they decided to let her stay and accompanied her home the following morning. They found Cederio's dead body there. Dr. Daniel Tan who conducted the post-mortem examination on Cederio's body testified that the latter received five stab wounds on his chest and back.
For his defense, Severino said that he and others were drinking gin in the house of Wenceslao on February 2, 2004. As he was quite drunk by around 11:00 p.m., Wenceslao brought him to the living room to sleep. Severino woke up at around 6:00 a.m. on the following day and went home. His mother, Leonida, testified that Severino left their house at 4:30 in the afternoon of February 2, 2004 with Alfredo and returned home the next morning of February 3.
On April 4, 2008 the RTC rendered judgment, finding Severino guilty as charged, sentenced him to suffer the penalty of reclusion perpetua, and ordered him to pay Cederio's heirs P75,000.00 as civil indemnity, P25,000.00 as temperate damages, and P25,000.00 as exemplary damages.
On appeal in CA-G.R. CR-HC 03293, the Court of Appeals (CA) rendered judgment dated July 13, 2009, affirming with modification the RTC decision. The CA reduced the award of civil indemnity from P75,000.00 to P50.000.00 and ordered Severino to pay moral damages of P50,000.00.
On appeal to this Court, Severino raises two issues:
Appellate courts usually give great weight to the trial court's assessment of the credibility of witnesses unless it is shown that it overlooked facts that affect the outcome of the case.[4] The CA did not find reason to depart from the RTC's reliance on Mary Ann's testimony and neither does this Court. She clearly and categorically described how Severino joined Cederio and her on their walk home and how he surreptitiously stabbed Cederio. The inconsistencies in Mary Ann's testimony are slight and do not affect her credibility. Mary Ann could not have made a mistake in identifying Severino and her father's assailant since the moon was bright[5] and she even talked to him along the way.
Severino's defense cannot absolve him. His self-serving claim that he was asleep in the living room of Wenceslao about the time Cederio was killed remained uncorroborated.
The prosecution sufficiently proved the presence of treachery. The essence of treachery, as a qualifying aggravating circumstance, is a deliberate and sudden attack that renders the victim unable and unprepared to defend himself by reason of the suddenness and severity of the attack.[6] Treachery in this case was established through Mary Ann's testimony, corroborated by the post-mortem report showing that the victim suffered multiple wounds. Recounting the testimony of Mary Ann would clearly show the presence of treachery.
To conform to existing jurisprudence,[7] however, the CA award for civil indemnity ex delicto should be increased from P50,000.00 to P75,000.00; moral damages from P50,000.00 to P75,000.00; and exemplary damages from P25,000.00 to P30,000.00.
WHEREFORE, the Court AFFIRMS with MODIFICATION the decision of the Court of Appeals in CA-G.R. CR-HC 03293 dated July 13, 2009. The Court DIRECTS Severino Castillo, Jr. to pay the heirs of Cederio Moreno P75,000.00 as civil indemnity ex delicto, P75,000.00 as moral damages, and P3 0,000.00 as exemplary damages. The Court AFFIRMS the Regional Trial Court's award of P25,000.00 in temperate damages to the same parties.
SO ORDERED.
G.R. No. 189275 (People of the Philippines v. Severino Castillo, Jr.).-
The Assistant Provincial Prosecutor of Camarines Sur charged the accused Severino Castillo, Jr., (Severino) and Alfredo Napili[1] alias "Edong" (Alfredo) before the Regional Trial Court (RTC) of Calabanga of the murder of Cederio Moreno (Cederio)[2] in Criminal Case RTC'04-923. Trial proceeded only as to Severino since Alfredo remained at large.
The prosecution presented Mary Ann Moreno, Cederio's daughter, who testified that at 6:00 p.m. on February 2, 2004, as she arrived home from school, she noticed that her father was not there. Her brother Ariel told her that their father was having drinks with others at Wenceslao Castillo's[3] house. When Mary Ann went there to fetch her father, she saw him in the company of Wenceslao, Fernando Castillo, Randy Tabilog, Jonathan Ortilla, Tiago Barabad, and the accused Severino and Alfredo, singing and drinking gin. Wencesfao told Mary Ann to wait until they were done.
After the drinking party ended at around midnight, Cederio and Mary Ann left for home. They were halfway to their house when Mary Ann noticed accused Severino and Alfredo joining them from behind. Recognizing Severino by moonlight, she asked him where he was going since that was not his route home. Severino replied that he was going to buy cigarettes. Mary Ann walked side by side with Severino up to a point but she dropped behind to wait for her father who was walking slowly because of a foot injury.
When they got to walk alongside each other again, Severino placed his arms on the shoulders of Cederio and Mary Ann who were on either side. Uncomfortable with this, Mary Ann walked ahead. Subsequently, she heard someone exclaim "Ah!" and, when she turned to look, she saw Severino stab her father on the chest. She frantically ran home ahead and told her mother and siblings about it. Upon her urgings, they all hid.
When Mary Ann heard someone enter their house, she quickly ran out and took refuge at Rodolfo Libotan's house where she fainted. When she regained consciousness and told Rodoffo what happened, they decided to wait it out. In the morning, Mary Ann returned to her house, accompanied by the Libotans. They found the lifeless body of her father slumped at the backyard.
Rodolfo corroborated Mary Ann's testimony. He recounted that around 2:00 a.m. he let her, frightened and crying, enter his house. On hearing her story, they decided to let her stay and accompanied her home the following morning. They found Cederio's dead body there. Dr. Daniel Tan who conducted the post-mortem examination on Cederio's body testified that the latter received five stab wounds on his chest and back.
For his defense, Severino said that he and others were drinking gin in the house of Wenceslao on February 2, 2004. As he was quite drunk by around 11:00 p.m., Wenceslao brought him to the living room to sleep. Severino woke up at around 6:00 a.m. on the following day and went home. His mother, Leonida, testified that Severino left their house at 4:30 in the afternoon of February 2, 2004 with Alfredo and returned home the next morning of February 3.
On April 4, 2008 the RTC rendered judgment, finding Severino guilty as charged, sentenced him to suffer the penalty of reclusion perpetua, and ordered him to pay Cederio's heirs P75,000.00 as civil indemnity, P25,000.00 as temperate damages, and P25,000.00 as exemplary damages.
On appeal in CA-G.R. CR-HC 03293, the Court of Appeals (CA) rendered judgment dated July 13, 2009, affirming with modification the RTC decision. The CA reduced the award of civil indemnity from P75,000.00 to P50.000.00 and ordered Severino to pay moral damages of P50,000.00.
On appeal to this Court, Severino raises two issues:
1. Whether or not the CA erred in giving credence to the testimony of Mary Ann that he was her father's assailant; and
2. Whether or not the CA erred in appreciating the qualifying circumstance of treachery against him.
Appellate courts usually give great weight to the trial court's assessment of the credibility of witnesses unless it is shown that it overlooked facts that affect the outcome of the case.[4] The CA did not find reason to depart from the RTC's reliance on Mary Ann's testimony and neither does this Court. She clearly and categorically described how Severino joined Cederio and her on their walk home and how he surreptitiously stabbed Cederio. The inconsistencies in Mary Ann's testimony are slight and do not affect her credibility. Mary Ann could not have made a mistake in identifying Severino and her father's assailant since the moon was bright[5] and she even talked to him along the way.
Severino's defense cannot absolve him. His self-serving claim that he was asleep in the living room of Wenceslao about the time Cederio was killed remained uncorroborated.
The prosecution sufficiently proved the presence of treachery. The essence of treachery, as a qualifying aggravating circumstance, is a deliberate and sudden attack that renders the victim unable and unprepared to defend himself by reason of the suddenness and severity of the attack.[6] Treachery in this case was established through Mary Ann's testimony, corroborated by the post-mortem report showing that the victim suffered multiple wounds. Recounting the testimony of Mary Ann would clearly show the presence of treachery.
To conform to existing jurisprudence,[7] however, the CA award for civil indemnity ex delicto should be increased from P50,000.00 to P75,000.00; moral damages from P50,000.00 to P75,000.00; and exemplary damages from P25,000.00 to P30,000.00.
WHEREFORE, the Court AFFIRMS with MODIFICATION the decision of the Court of Appeals in CA-G.R. CR-HC 03293 dated July 13, 2009. The Court DIRECTS Severino Castillo, Jr. to pay the heirs of Cederio Moreno P75,000.00 as civil indemnity ex delicto, P75,000.00 as moral damages, and P3 0,000.00 as exemplary damages. The Court AFFIRMS the Regional Trial Court's award of P25,000.00 in temperate damages to the same parties.
SO ORDERED.
Very truly yours,
MA. LUISA L. LAUREA
Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court
MA. LUISA L. LAUREA
Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court
Endnotes:
[1] Also known as Edong Castillo in the records.
[2] Spelled as Sederio Moreno in some parts of the record.
[3] Also referred to as Severio Castillo in the records.
[4] People of the Philippines v. Tamolon, G.R. No. 180169, February 27, 2009, 580 SCRA 384, 393.
[5] People of the Philippines v. Espina, 414 Phil. 233, 243 (2001).
[6] People of the Philippines v. Torres, G.R. No. 176262, September 11, 2007, 532 SCRA 654, 667.
[7] People of the Philippines v. Arbalate, G.R. No. 183457, September 17, 2009, 600 SCRA 239, 255; People of the Philippines v. Satonero, G.R. No. 186233, October 2, 2009, 602 SCRA 769, 782.
