EN BANC
[G.R. No. L-16948. November 29, 1961. ]
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MAMERTO CALLANTA alias PEDING, Defendant-Appellant.
R. Meris-Morales, for Defendant-Appellant.
Solicitor General for Plaintiff-Appellee.
R E S O L U T I O N
BAUTISTA ANGELO, J.:
Mamerto Callanta, with two other unknown defendants, was charged with robbery in the Court of First Instance of Pangasinan. The two unknown defendants not having been arrested, Callanta pleaded not guilty and was tried. Thereafter, the lower court found him guilty of the crime charged and sentenced him to suffer an indeterminate penalty of from 2 years, 4 months and 1 day to 4 years, 2 months of prision correccional, to indemnify the offended party in the amount of P490.00, and to pay the costs.
In his brief counsel for the accused alleges that the court a quo allegedly committed the following errors:jgc:chanrobles.com.ph
"El Juez sentenciador incurrio en error cuando en su decision dijo:chanrob1es virtual 1aw library
‘The foregoing testimonies of Felix Basalio, Eulogio Basalio and Paterno Palaylay are entitled to credence, taking into consideration their demeanor when they testified, which this court carefully noted and weighed.
‘Their testimonies, particularly on the identity of the accused is so clear, positive and convincing that it would be sufficient to sustain conviction.
‘This court took special attention to the testimony of the witness, Paterno Palaylay, who, in spite of his tender age at the time the unfortunate incident took place, was able to convey vividly what he saw on that night and what he noticed upon the person of the accused.
‘Felix Basalio was also able to point to the person of the accused when he took the witness stand, in spite of his advanced age as he is 100 years old.’"
Considering that the errors assigned by appellant, thru counsel, involves the appreciation of the evidence or the credibility of the witnesses which by their very nature involve questions of fact, this appeal has been erroneously taken to this Court and so it must be certified to the Court of Appeals for proper adjudication.
WHEREFORE, it is ordered that this case be certified to the Court of Appeals.
Bengzon, C.J., Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon and De Leon, JJ., concur.
Padilla, J., took no part.
In his brief counsel for the accused alleges that the court a quo allegedly committed the following errors:jgc:chanrobles.com.ph
"El Juez sentenciador incurrio en error cuando en su decision dijo:chanrob1es virtual 1aw library
‘The foregoing testimonies of Felix Basalio, Eulogio Basalio and Paterno Palaylay are entitled to credence, taking into consideration their demeanor when they testified, which this court carefully noted and weighed.
x x x
‘Their testimonies, particularly on the identity of the accused is so clear, positive and convincing that it would be sufficient to sustain conviction.
x x x
‘This court took special attention to the testimony of the witness, Paterno Palaylay, who, in spite of his tender age at the time the unfortunate incident took place, was able to convey vividly what he saw on that night and what he noticed upon the person of the accused.
x x x
‘Felix Basalio was also able to point to the person of the accused when he took the witness stand, in spite of his advanced age as he is 100 years old.’"
Considering that the errors assigned by appellant, thru counsel, involves the appreciation of the evidence or the credibility of the witnesses which by their very nature involve questions of fact, this appeal has been erroneously taken to this Court and so it must be certified to the Court of Appeals for proper adjudication.
WHEREFORE, it is ordered that this case be certified to the Court of Appeals.
Bengzon, C.J., Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon and De Leon, JJ., concur.
Padilla, J., took no part.
