Philippine Supreme Court Resolutions > Year 2008 > April 2008 Resolutions >

[G.R. No. 178772 : April 14, 2008] PEOPLE OF THE PHILIPPINES VS. GREGORIO SIBUG Y FORMENTERA:

Quoted hereunder, for your information, is a resolution of the this Court dated 14 April 2008:

G.R. No. 178772- People of the Philippines versus Gregorio Sibug y Formentera

Appellant Gregorio Sibug seeks reconsideration of our November 19, 2007 Resolution where we ruled:

WHEREFORE, the Court ADOPTS the findings of facts and conclusions of law in the 30 March 2007 Decision of the Court of Appeals in CA G.R. CR-H.C. No. 00376, finding applellant Gregorio Sibug y Formentera guilty beyond reasonable doubt of murder, and AFFIRMS said Decision.^[1]

Appellant contends that the testimony of the alleged lone eyewitness is replete with material inconsistencies.  The eyewitness' claim that the saw appellant stab the victim is contrary to her testimony under cross-examination that she only received information from other persons that the victim was killed.  While she insisted on redirect examination that she saw the actual killing, the contradictions in her testimonies cast serious doubts on the veracity of her account.  Allegedly, there is also no other independent evidence to substantiate the eyewitness' account.  The investigator categorically stated that he was unable to lift any fingerprint from the piece of wood suspected to have been used in hitting the victim.  Appellant thus prays to be acquitted.

After taking a second look at this case, we find appellant's contentions bereft of merit.  Again, we find no reversible error in the Court of Appeal's Decision and we affirm the guilty verdict against appellant for murder.  We agree with the CA that assessment of the competence and credibility of a child to testify is the province of the trial court.  The trial court's assessment is binding and conclusive since there is no showing that the trial court overlooked, misapprehended or misapplied some facts of substance which would warrant a different conclusion.

It is of no account that there was only one eyewitness.  The testimonies of witness are to be weighed, not numbered.  Moreover, the eyewitness' testimony, being in harmony with the necropsy report, is sufficient corroborated.

WHEREFORE, appellant's Motion for Reconsideration is hereby DENIED for lack of merit.

No further pleadings shall be entertained in this case.  Let entry of judgment be made in due course.

SO ORDERED.