THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. LEONARDO PITAO ALIAS PARAGO, GUILLERMO LIDRES ALIAS KA BENJIE, OFELIA BUANHOG, LITO CHOCAS ALIAS KA PANI, DANILO PEPE ALIA…

Decisions / Signed Resolutions September 24, 2013 SPECIAL FORMER TWENTY-SECOND DIVISION
Download PDF


BORJA, J.,:[*]


This treats of accused-appellant’s Motion for Reconsideration[1] of this Court’s Decision[2] dated September 24, 2013 which denied the appeal and affirmed the Decision dated November 6, 2009 of the Regional Trial Court (Branch 11), Davao City in Criminal Case No. 57,075-05.

In his motion, accused-appellant, through counsel, argues that the evidence used by the prosecution was “incredible and not worthy of belief.” The fact that the witnesses had identified the twenty-five opponents while they were “hiding and firing back” rendered the former’s testimonies “highly doubtful”.[3]

This ground had been duly passed upon, specifically on pages 9 to 10 of this Court’s decision, and need not be discussed anew.

Finding no substantial arguments in the motion to warrant modification or reversal of the December 12, 2013 Decision, this Court DENIES the Motion for Reconsideration.

SO ORDERED.

[**] Lloren, and Badelles, JJ., concur.

[*] New ponente vice J. Francisco per raffle dated 30 April 2014.

[**]Designated Third Member per raffle dated 30 April 2014.

[***] Also spelled Decoy in the records.

[1] Rollo, pp. 93 – 96.

[2] Rollo, pp. 75 – 85.

[3] Rollo, pp. 93 – 94.

More in Decisions / Signed Resolutions