Philippine Supreme Court Resolutions

G.R. No. 186531 - (People of the Philippines v. Doroteo Alcos y Milagrosa) - We decide the appeal, filed by Doroteo Alcos y Milagrosa (appellant), from the November 27, 2008 decision^[1] of the Court of Appeals (CA) in CA-G.R. CR-HC. No. 00564-MIN. The appealed decision affirmed with modification the August 27, 2007 decision^[2] of the Regional Trial Court (RTC), Branch 8, Malaybalay City, finding the appellant guilty beyond reasonable doubt of the crime of murder. The court sentenced him to suffer the penalty of reclusion perpetua.

In its August 27, 2007 decision, the RTC found the appellant guilty of murder. It relied on Bernardo Minoza's testimony that he saw Rogelio Alcos and the appellant successively stab Dionesio Milagrosa in Sitio Bagwas, Barangay  Sibonga, Kadingilan, Bukidnon, on the evening of August 18, 2002. It further ruled that treachery qualified Dionesio's killing to murder, as he was attacked suddenly and unexpectedly. The lower court also disregarded the appellant's defenses of alibi and denial for his failure to show that it was physically impossible for him to be at the crime scene on the day of the murder. Aside from the penalty of reclusion perpetua, the court also ordered the appellant to pay the victim's heirs the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as actual damages.

On appeal, the CA affirmed the RTC decision with the following modifications: (1) the appellant was held solidarity liable with his co-accused Rogelio (whom the RTC earlier convicted after he changed his "not guilty" plea to a "guilty" plea) for the awarded indemnities; and (2) the appellant was further ordered to pay the victim's heirs the amount of P25,000.00 as exemplary damages.

The CA held that the RTC erred when it ordered both the appellant and Rogelio to each pay the full amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as actual damages to Dionesio's heirs, since the liability of co-principals in a criminal case is solidary. It ruled, however, that only the appellant shall be liable for the additional P25,000.00 exemplary damages because Rogelio did not appeal his conviction.

Our Ruling 

We dismiss the appeal, but modify the amount of the awarded exemplary damages.

We find no compelling reason to disturb the findings of the RTC, as affirmed by the CA. The testimony of a single witness, if credible and positive, is sufficient to sustain a conviction for murder.^[3] In the present case, Bernardo positively identified the appellant and Rogelio as the persons who successively stabbed Dionesio; he was consistent in his recollection of the details of the murder. Bernardo was familiar with both accused because they live near his house. In addition, the appellant did not impute any ill motive that would have led to Bernardo's false testimony. Treachery attended the killing since the attack was made against an unsuspecting victim who did not have any opportunity to defend himself or to avoid it.

The crime of murder qualified by treachery is penalized under Article 248 of the Revised Penal Code, as amended,^[4] with reclusion perpetua to death. Since there are no aggravating or mitigating circumstances, the CA correctly sentenced the appellant to suffer the penalty of reclusion perpetua only, pursuant to Article 63(2)^[5] of the Revised Penal Code.

The CA correctly awarded the amounts of P50,000.00 as civil indemnity and P50,000.00 as moral damages since they are in accord with current jurisprudence on murder cases when the penalty imposed is reclusion perpetua only.^[6] We likewise agree with the award of P25,000.00 as actual damages, as this was the amount stipulated during the pre-trial. We, however, increase the amount of exemplary damages from P25,000.00 to P30,000.00 to conform to prevailing jurisprudence.^[7]cralaw

WHEREFORE, the November 27, 2008 decision of the Court of Appeals in CA-G.R. CR-HC. No. 00564-MIN is hereby AFFIRMED with the MODIFICATION that the amount of exemplary damages is increased from P25,000.00 to P30,000.00.

SO ORDERED.

Very truly yours, 

MA. LUISA L. LAUREA
Division Clerk of Court

By:

(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court

Endnotes:

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^[1] Rollo, pp. 5-14; penned by Associate Justice Edgardo T. Lloren, and concurred in by Associate Justice Edgardo A. Camello and Associate Justice Jane Aurora C. Lantion.

^[2] CA rollo, pp. 17-27.

^[3] See People v. Sabado, 398 Phil. 1107, 1120 (2000); and People v. Lotoc, 366 Phil. 942, 952 (1999).  

^[4] Amended by Republic Act No. 7659, entitled "An Act to Impose the Death Penalty on Certain Heinous Crimes, Amending for that purpose the Revised Penal Laws, as amended, other Special Penal Laws, and for other purposes." 

^[5] ARTICLE 63. - Rules for the application of indivisible penalties. - x x x

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: 

x x x x 

2. When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied.

^[6] See People of the Philippines v. Larry Torres, Sr., G.R. No. 190317, August 22, 2011; People of the Philippines v. Allan Gabrino, G.R. No. 189981, March 9, 2011; People of the Philippines v. Arnold Pelis, G.R. No. 189328, February 21, 2011; People of the Philippines v. Barangay Captain Tony Tomas, Sr., et al., G.R. No. 192251, February 16, 2011; and People of the Philippines v. Alvin del Rosario, G.R. No. 189580, February 9, 2011.

^[7] See People of the Philippines v. Efren Patelan Lamberte @ "Kalbo, " et al., G.R. No. 182918, June 6, 2011; and People of the Philippines v. Antonio Sabella y Bragais, G.R. No. 183092, May 30, 2011.

^[*] Carpio, J., on official leave; Brion, J., designated as Acting Chairperson per Special Order No. 1083 dated September 13, 2011.

^[**] Carpio, J., on official leave; Del Castillo, J., designated as Additional Member per Special Order No. 1084 dated September 13, 2011.

^[***] Reyes, J., on leave; Mendoza, J., designated as Acting Member per Special Order No. 1107 dated September 27, 2011.