FIRST DIVISION
G. R. No. 194384, June 13, 2013
JOSELITO RAMOS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
D E C I S I O N
SERENO, C.J.:
That on or about the 3rd day of October, 2001 in the evening at Barangay Nibaliw Sur, Municipality of Bautista, Province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with lead pipe and woods, with intent to kill, did then and there willfully, unlawfully and feloniously attack and maul Pedro Prestoza, inflicting upon him, “Acute Subdural Hematoma Brain Contusion,” which caused the death of said Pedro Prestoza, as a consequence, to the damage and prejudice of his heirs.The evidence for the prosecution showed that, at about 10:30 in the evening on 3 October 2001, the victim, Pedro Prestoza (Prestoza), was riding a tricycle with six other people,5 when another tricycle, this one driven by Ramos, cut in on their path. Petitioner and a certain Danny Alvarez (Alvarez) alighted from their tricycle and pulled down Nelson Tagulao from the other tricyle. Alvarez then struck Nelson Tagulao with a lead pipe.6
Contrary to Art. 249 of the Revised Penal Code.4 x x x.
WHEREFORE, judgment is hereby rendered finding accused Joselito Ramos GUILTY beyond reasonable doubt of the crime of Homicide and, there being no modifying circumstance, is hereby sentenced to an indeterminate prison term of EIGHT (8) YEARS and ONE (1) DAY of prision mayor, as minimum, to FOURTEEN (14) YEARS, EIGHT (8) MONTHS and ONE (1) DAY of reclusion temporal, as maximum, and ordered to pay the heirs of Pedro Prestoza ?50,000.00 as death indemnity, ?50,000.00 as moral damages and P55,019.14 as actual damages.On appeal, the CA reviewed the records and affirmed the decision of the trial court. In reaching its conclusion, the appellate court found that the identity of Ramos as one of the assailants had been indubitably established by credible eyewitness testimony.17 Thus, petitioner’s denial could not prevail over this positive identification.18 The CA then ruled as follows:cralavvonlinelawlibrary
On ground of insufficiency of evidence, accused Edwin Ramos, Orlando Ramos and Jordan Baladad are ACQUITTED of the crime charged.
SO ORDERED.16nadcralavvonlinelawlibrary
FOR THESE REASONS, We AFFIRM the August 4, 2008 Decision of the Regional Trial Court convicting Joselito Ramos of Homicide under Article 249 of the Revised Penal Code.Petitioner moved for a reconsideration,20 but his motion was denied by the CA.21 He then filed the instant Petition for Review22 before this Court.
SO ORDERED.19
x x x. Joselito testified that he did not see Pedro Prestoza in the evening of October 3, 2001.The foregoing contradictions and inconsistencies render the narration of Joselito Ramos of doubtful veracity.27
x x x x Q How about Pedro Prestoza, do you know him personally? A Yes, we see him that he is from Nandacan, that he is a coconut climber, Your Honor. Q Did you see him on that evening of October 3, 2001? A No, sir. Q You did not see him with the group of the persons who were then on board of the 2 tricycles you were then following? A No, Your Honor. x x x x.
In his counter-affidavit (Exh. “G” and Exh. “6”), however, Joselito categorically declared:cralavvonlinelawlibrary
2. We saw Jaime Tagulao holding a piece of wood which he used in striking Pedro Prestoza who fell down to the ground; there was a fight among the group of Jaime Tagulao; Pedro Prestoza was just a passenger in their tricycle;chanroblesvirtualawlibrary
Significantly, the points of recall and circumstances of the witnesses were different. Ydia was a passive eyewitness, being a passenger from another tricycle. Tagulao and Gloria, on the other hand, directly witnessed the incident as they were riding the same tricycle ridden by Prestoza. As such, Tagulao and Gloria were able to observe events that Ydia might have overlooked or failed to see.33
Q Where was Joselito Ramos then while Danilo Alvarez was hitting [Prestoza] with a lead pipe? A He was with him, sir. Q What did [he] do? A He also struck him, sir. Q With what? A A piece of wood, sir.34
The mauling incident led to the victim’s death, as evidenced by the Certificate of Death36 and by Dr. Ferdinand Florendo’s testimony, as follows:cralavvonlinelawlibrary
Q Where was Joselito Ramos when Danilo Alvarez hit Pedro Prestoza with a lead pipe? A He also came closer to Pedro Prestoza sir. Q And what happened next after Joselito Ramos went near Pedro Prestoza while Danilo Alvarez was hitting him with a lead pipe? A He also hit him using a piece of wood sir. Q Who was hit with a piece of wood by Joselito Ramos? A Pedro Prestoza sir.35
Based on these testimonies, we rule that the prosecution has successfully established the causal link between Prestoza’s death and the mauling incident perpetrated by petitioner Ramos.
Q What was the injury sustained by the patient, Doctor? A The patient has sustained brain injury, sir, which is called contusion and followed by the bleeding of the brain. x x x x Q What could have caused the injury, Doctor? A The sudden acceleration and sudden [deceleration]. Meaning to say that you either have a head that is moving and all of a sudden it hits something that is stationary, or not moving. That is acceleration. The skull stops but the skull and the brain do not move at the same time. As in the same way if the jeepney stops and the passengers [bump] a wall [,] the passengers will continuously [move]. That is [deceleration]. Q What would be the effect? A The effect is the same, sir, and the third cause is the rotation of the head that added injuries to the brain. There was displacement in the compartment within the skull, sir. There was brain swelling. There was bleeding and [it] formed [a] clot that [pierced] the brain and skull. Q In this particular case, what was the cause of death of the victim? A As has been stated, the cause of death was the displacement in the compartment within the skull. There was brain swelling and brain bleeding, sir.37
Endnotes:
1 Rollo, pp. 41-57; Petition for Review dated 29 December 2010.cralawlibrary
2 Id. at 9-21; CA Decision dated 30 March 2010, penned by Associate Justice Mario V. Lopez and concurred in by Associate Justices Ramon M. Bato, Jr. and Priscilla J. Baltazar-Padilla.cralawlibrary
3 Id. at 24-28; CA Resolution dated 18 October 2010, penned by Associate Justice Mario V. Lopez and concurred in by Associate Justices Ramon M. Bato, Jr. and Priscilla J. Baltazar-Padilla.cralawlibrary
4 Records, pp. 35-36.cralawlibrary
5Rollo, p. 10; CA Decision dated 30 March 2010.cralawlibrary
6 Id. at 11.cralawlibrary
7 CA rollo, p. 13; RTC Decision dated 4 August 2008.cralawlibrary
8Rollo, p. 11; CA Decision dated 30 March 2010.cralawlibrary
9 Id.cralawlibrary
10 Records, p. 18; Certificate of Death dated 13 October 2001.cralawlibrary
11 Rollo, p. 11; CA Decision dated 30 March 2010.cralawlibrary
12 Id. at 12.cralawlibrary
13 Id.cralawlibrary
14 CA rollo, pp. 20-21; RTC Decision dated 4 August 2008.cralawlibrary
15 Id. at 18-19.cralawlibrary
16 Id. at 27.cralawlibrary
17Rollo, pp. 14-15; CA Decision dated 30 March 2010.cralawlibrary
18 Id. at 18.cralawlibrary
19 Id. at 20-21.cralawlibrary
20 CA rollo, pp. 130-137; Motion for Reconsideration dated 6 May 2010.cralawlibrary
21Rollo, p. 28; Resolution dated 18 October 2010.cralawlibrary
22 Id. at 41-57; Petition for Review dated 29 December 2010.cralawlibrary
23 Id. at 49.cralawlibrary
24 Id. at 47-48.cralawlibrary
25 Id. at 47.cralawlibrary
26 Id. at 52-53.cralawlibrary
27 CA rollo, pp. 22-23; RTC Decision dated 4 August 2008.cralawlibrary
28People v. Abedin, G.R. No. 179936, 11 April 2012, 669 SCRA 322, 336.cralawlibrary
29People v. Basao, G.R. No. 189820, 10 October 2012, 683 SCRA 529, 543.cralawlibrary
30 CA rollo, pp. 12-14; RTC Decision dated 4 August 2008.cralawlibrary
31Rollo, p. 49; Petition for Review dated 29 December 2010.cralawlibrary
32 Id. at 15; CA Decision dated 30 March 2010, citing the records, pp. 535-537; RTC Decision dated 4 August 2008.cralawlibrary
33 Id.cralawlibrary
34 TSN, 31 March 2003, p. 9.cralawlibrary
35 TSN, 18 February 2004, p. 13.cralawlibrary
36 Records, p. 18; Certificate of Death dated 13 October 2001. The Certificate of Death states that the cause of death is “Brain Herniation, Acute Subdural Hematoma, Mauling Victim.”
37 TSN, 14 November 2002, pp. 6-8.cralawlibrary
38 TSN, 31 March 2003, p. 9.cralawlibrary
39 TSN, 18 February 2004, p. 13.cralawlibrary
40 TSN, 31 March 2003, p. 17.cralawlibrary
41Juliano v. Sandiganbayan, 336 Phil. 49, 56 (1997).cralawlibrary
42Rollo, pp. 11-12; CA Decision dated 30 March 2010.cralawlibrary
43 TSN, 31 March 2003, p. 6.cralawlibrary
44People v. Belibet, 276 Phil. 641, 647 (1991).