GR 110286; (April, 1997) (Digest)
G.R. No. 110286. April 2, 1997.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RENERIO P. VERGARA, ERNESTO T. CUESTA, JR., PEDRO G. DAGAÑO and BERNARDO P. CUESTA, accused. RENERIO P. VERGARA, accused-appellant.
FACTS
Accused-appellant Renerio P. Vergara, along with three co-accused, was charged with illegal fishing using explosives under Section 33 of P.D. No. 704, as amended. The information alleged that on July 4, 1992, in the municipal waters of Palo, Leyte, they conspired to catch fish using a bottled explosive called “badil.” Only Vergara was arraigned and tried, as his co-accused remained at large. A patrol team composed of fish wardens and police officers testified that while on preventive patrol, they witnessed Vergara throw an ignited “badil” into the sea, which exploded. Vergara and a companion then dove and surfaced with nets containing “bolinao” fish. They were apprehended, and fish samples showed physical damage consistent with blast fishing.
ISSUE
Whether the trial court erred in convicting accused-appellant Vergara of illegal fishing with the use of explosives based on the evidence presented.
RULING
The Supreme Court affirmed the conviction. The trial court’s assessment of witness credibility is accorded great respect, as it is in the best position to observe demeanor. The prosecution witnesses, particularly Fish Warden Jesus Bindoy, provided a clear, consistent, and detailed account of seeing Vergara throw the explosive and retrieve the catch. The physical condition of the fish corroborated the use of explosives. The defense of denial, supported by witness Emilio Linde who claimed another group was responsible, was correctly rejected by the trial court for being incredulous and unsupported. The legal logic is straightforward: the elements of the crime under Section 33 were proven beyond reasonable doubt by credible testimonial and physical evidence. The prescribed penalty under Section 38 of P.D. No. 1058 for actual use of explosives is imprisonment ranging from twenty years to life imprisonment, which was properly imposed. The confiscation of the fishing boat and paraphernalia as instruments of the crime was also upheld.