Philippine Supreme Court Resolutions > Year 2008 > February 2008 Resolutions > [G.R. No. 177765 : February 27, 2008] PEOPLE OF THE PHILIPPINES V. RODNEY ALVIOR :

Quoted hereunder, for your information, is a resolution of this Court dated 27 February 2008:

G.R. No. 177765 (People of the Philippines v. Rodney Alvior)

This is an appeal from the Decision^[1] dated November 21, 2006 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 00104 entitled People of the Philippines v. Rodney Alvior, which affirmed the Decision^[2] dated October 22, 2004 of the Regional Trial Court (RTC), Branch 30 in Iloilo City in Criminal Case No. 01-53872, convicting accused-appellant Rodney Alvior of murder.

The antecedent facts follow.

On June 15, 2001, at around 9:00 p.m., the deceased, Democrito Tamonan, Jr., was talking with Serafm Callos, Jonathan Sacuevo, and Richard Tamonan inside Marina Meniel's nipa hut in San Miguel, Iloilo. The group heard a gunshot coming from the kitchen area. Richard then looked out the window and saw accused-appellant with a long firearm with the barrel pointing in the direction of the deceased. Accused-appellant, using a long barrel 12 gauge firearm, was outside the fence, near the kitchen, when he fired the shot^[3].

An autopsy conducted showed that the deceased sustained three pellet wounds, with the pellet wound on the right collarbone causing the deceased's death by hemorrhage. A paraffin test conducted on accused-appellant yielded positive gunpowder results on both his hands.^[4]

An Information for murder was subsequently filed against accused-appellant, as follows:

That on or about June 15,2001, in the Municipality of San Miguel, Province of Iloilo, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, armed with a 12 gauge homemade shotgun, with treachery and evident premeditation and with deliberate intent to kill, did and there wilfully, unlawfully and feloniously attack, assault and shoot one DEMOCRITO TAMONAN, JR. Y CAMPOLLO, a seventeen (17) years old minor, with said firearm he was then provided at the time, hitting and inflicting upon the latter gunshot wound on the vital parts of his body which caused his death thereafter.^[5]

When arraigned, accused-appellant pleaded not guilty to the crime charged. For his part, he interposed the defense of alibi and testified that on the date the victim was shot, he was drinking with Catalino Salaya at the latter's house when they heard a shot. He alleged that he did not know the victim. His alibi was corroborated by Salaya.^[6]

On October 22, 2004, the RTC rendered its Decision after trial on the merits. The dispositive portion reads:

WHEREFORE, considering the foregoing, the Court hereby finds accused RODNEY ALVIOR GUILTY of the crime of Murder qualified by treachery under Article 248 of the Revised Penal Code beyond reasonable doubt and hereby sentences him to suffer the penalty of RECLUSION PERPETUA.

The accused is further ordered to pay the heirs of the victim, Democrito Tamonan, Jr., the following:

1. Php 60,000.00 as indemnity for the death of Democrito Tamonan Jr.;
   
2. Php 55,750.00 as actual expenses for the wake and burial of Democrito Tamonan, Jr.;
   
3. Php 50,000.00 as moral damages.
   

SO ORDERED.^[7]

On appeal, the CA, in its Decision dated November 21, 2006, disposed of the case as follows:

WHEREFORE, in view of the foregoing premises, the instant appeal is hereby DISMISSED and the decision of the court a quo is hereby AFFIRMED with MODIFICATION in that accused-appellant is further ordered to pay the heirs of the deceased Democrito Tamonan, Jr. exemplary damages in the amount of Twenty Five Thousand Pesos (P25,000.00). The decision of the trial court is AFFIRMED as to all other respects.

SO ORDERED.^[8]

The CA held that accused-appellant was positively identified by the prosecution witnesses as the perpetrator of the crime charged. Such identification, it observed, made his defense of alibi worthless.

On September 12, 2007, this Court required the parties to submit supplemental briefs, if they so desired. The parties manifested their willingness to submit the case on the basis of the records already submitted.

Accused-appellant, in his Brief^[9] dated May 2, 2006 filed with the CA, raised a lone issue for the appellate court's consideration. This issue is deemed adopted in this present appeal:

THE TRIAL COURT ERRED IN CONVICTING [ACCUSED-APPELLANT] OF THE CRIME CHARGED DESPITE THE FACT THAT HIS GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT.

Considering the allegations, issues, and arguments adduced in the appeal, the Court resolves to ADOPT the findings of fact and conclusions of law in the Decision dated November 21, 2006 of the CA in CA-G.R. CR-H.C. No. 00104, finding accused-appellant guilty beyond reasonable doubt of the crime of murder.

WHEREFORE, the appeal is DISMISSED for failure to sufficiently show reversible error in the assailed decision. The Decision dated November 21, 2006 of the CA in CA-G.R. CR-H.C. No. 00104 is AFFIRMED.

No costs.

SO ORDERED. Quisumbing, J., on official leave; Azcuna, J,, designated additional member pursuant to Adm. Circular No. 84-2007.

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^[1] Rollo, pp. 3-12. Penned by Associate Justice Isaias P. Dicdican and concurred in by Associate Justices Romeo F. Barza and Priscilla Baltazar-Padilla.

^[2] CA rollo, pp. 32-42. Penned by Judge Adriano S. Savilio.

^[3] Rollo. pp. 4-5.

^[4] Id. at 5.

^[5] Id. at 3-4.

^[6] CA rollo, pp. 37-38.

^[7] Supra note 2, at 42.

^[8] Supra note l, at 11-12.

^[9] CA rollo, p. 25.