People of the
Philippines vs. Samson Berk Bayogan
G.R. No. 204896.
December 7, 2016
Facts
Appellant and his
co-accused Jeneto Serencio were charged before the RTC of Lingayen,
Pangasinan, Branch 39 with murder as follows:
That on or about 10:45 o'clock in the morning of December 16. 2007,
in Poblacion East, Sual, Pangasinan and within the jurisdiction of
this Honorable Court, the above-named accused, conspiring and
confederating with each other with treachery and with intent to kill,
did then and there, wilfully, unlawfully and feloniously attack, and
shot Clarita Disu several times, inflicting upon her several gunshot
wounds which [caused] her instantaneous death, to at:he damage and
prejudice of her heirs.
Contrary to Article 248 of the Revised Penal Code in relation to RA
7659 as amended.
During arraignment,
appellant pleaded not guilty to the crime charged. Serencio remains
at large. The prosecution presented eyewitnesses Marbie S. Disu
(Marbie) and Loreto Inocencio (Loreto), respectively the daughter and
grandson of the victim. Their testimonies established that in the
morning of 16 December 2007, the victim Clarita Disu and her daughter
Marbie were tending their neighbourhood variety store in Sual,
Pangasinan with Loreto, when two (2) men on board a motorcycle
arrived. One dismounted the vehicle and bought a cigarette from
Marbie while the other stayed on the vehicle. The man who bought the
cigarette suddenly pulled a gun and pointed it to Clarita and shot
her four ( 4) times. Marbie shouted for help and ran to the fallen
victim to help and embrace her. The assailant, who had been wearing a
yellow t-shirt, then boarded the motorcycle and headed east. Marbie
noted the motorcycle plate number as AR 3273.
On 29 January 2008,
police authorities invited Marbie and Loreto to the police station to
identify whether the gunman had been among those whom they arrested.
Of three (3) persons in the prison cell, both Marbie and Loreto
pointed to appellant. Both also identified appellant in open court as
the victim's assailant.
Appellant asserted that
he had been away on a fishing boat off Pangasinan on the date and
time of the incident. He also countered that he had been arrested for
alleged illegal possession of a gun. While he was in prison, Marbie
came and was allegedly apprised by the police that it was appellant
who had killed her mother.
After trial, the RTC
gave credence to the eyewitness accounts of Marbie and Loreto of
appellant's liability in the killing of the victim. On 19 July 2010,
the RTC rendered the assailed decision finding the accused SAMSON
BERK GUILTY beyond reasonable doubt of the crime of MURDER as defined
in Article 248 of the Revised Penal Code, as amended by Rep. Act No.
7659, qualified by treachery.
The Court of Appeals
found no reason to disturb the findings of the RTC and upheld its
ruling. The appellate court also found the eyewitness accounts
credible, straightforward and reliable and upheld their positive
identification of appellant as the perpetrator.
Issue
Whether the accused is
guilty of murder beyond reasonable doubt.
Ruling
Now before the Court for
final review, we affirm appellant's conviction. Well-settled in our
jurisprudence is the rule that findings of the trial co on the
credibility of witnesses deserve great weight, as the trial judge is
in the best position to assess the credibility of the witnesses, and
has the unique opportunity to observe the witness first hand and note
his demeanor, conduct and attitude under grueling examination.
That Judge Robert P.
Fangayen was not the one who heard the evidence and had no
opportunity to observe the demeanor of the witnesses is of no moment
so long as he based his ruling on the records before him the way
appellate courts review the evidence of the case raised on appeal.
Absent any showing that the trial court's findings of facts were
tainted with arbitrariness or that it overlooked or misapplied some
facts or circumstances of significance and value, or its calibration
of credibility was flawed, the appellate court is bound by its
assessment.
In the prosecution of
the crime of murder as defined in Article 248 of the Revised Penal
Code (RPC), the following elements must be established by the
prosecution: (1) that a person was killed; (2) that the accused
killed that person; (3) that the killing was attended by treachery;
and ( 4) that the killing is not infanticide or parricide.
Our review of the
records convinces us that these elements were clearly met. The
prosecution eyewitnesses positively identified appellant as the
person responsible for killing the victim through valid out-of-court
and in-court identifications. The Court finds no reason to disbelieve
these credible and straightforward testimonies.
The prosecution ably
established the presence of the element of treachery as a qualifying
circumstance. The shooting of the unsuspecting victim was sudden and
unexpected which effectively deprived her of the chance to defend
herself or to repel the aggression, insuring the commission of the
crime without risk to the aggressor and without any provocation on
the part of the victim.
WHEREFORE,
premises considered, the Decision dated 29 June 2012 of the Court of
Appeals, Third Division, in CA-G.R. CR-H.C. No. 04573, finding Samson
Berky Bayogan guilty of murder in Criminal Case No. L-8391 is
AFFIRMED with MODIFICATION. Appellant is ORDERED to pay
the heirs of Clarita Disu as follows: P75,000.00 as civil indemnity,
P75,000.00 as moral damages, P75,000.00 as exemplary damages and
P50,000.00 as temperate damages
He is FURTHER
ordered to pay interest on all damages awarded at the legal rate of
six percent ( 6%) per annum from the date of finality of this
judgment until fully paid.
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