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[ G.R. No. 132818. July 1, 1999]

ROMULO LETERADO vs. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 1, 1999.

G.R. No. 132818 (Romulo C. Leterado y Castel vs. Hon. Court of Appeals and People of the Philippines.)

Petitioner Romulo C. Leterado assails the decision of the Court of Appeals affirming the decision of the Regional Trial Court, which found petitioner guilty as principal of homicide.

Petitioner's culpability was described in positive terms by the victim's son who pointed to petitioner as the one who provided the weapon and ordered the stabbing of the victim. The testimony was given in a straightforward and convincing manner and was corroborated by the widow of the victim. Too, the victim himself identified petitioner, in a dying declaration, as the one responsible for his death.

Petitioner claims that the lower court committed grave abuse of discretion in its conclusion of facts, which he says is not based on evidence but only on presumptions when it relied on the testimony of the lone eyewitness, the son of the victim.

The instant petition is unavailing.

Petitioner would want the Court to believe that he is raising a question of law, when upon perusal of his petition it is clear that he seeks re-examination of the factual findings of the trial court. Even if he succeeds in this venture, jurisprudence offers him little refuge.

Positive identification by a lone witness who has not been shown to have any reason or motive to testify falsely must prevail over simple denials of the accused. (People vs. Bracamonte, 257 SCRA 380 [1996]).

The rule is that witnesses must not simply be counted; rather it is their testimony and credibility which must be weighed. It has not been uncommon to reach a conclusion of guilt on the basis of the testimony of a single eyewitness (People vs. Gondora, 265 SCRA 408 [1996]).

WHEREFORE, the petition is hereby denied.

SO ORDERED.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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