GR 157106; (September, 2008) (Digest)
G.R. No. 157106 September 3, 2008
ROMULO TINDOY, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
FACTS
Petitioner SPO1 Romulo Tindoy, along with fellow police officers PO1 Manuel Fernandez and PO3 Ariel Sanchez, was charged with Homicide for the death of Dominador Viernes. The prosecution’s eyewitness, Elsie Fernandez (the victim’s common-law wife), testified that on August 29, 1993, after the police responded to a domestic violence report, the victim was brought to the Taguig police substation. There, after a verbal exchange, PO1 Fernandez punched the victim on the head, causing him to fall and hit the wall. Petitioner and his co-accused then dragged the victim to a comfort room where all three policemen delivered fist blows to his head. The victim was later hospitalized and died on September 2, 1993 from traumatic head injuries. The defense claimed it was Elsie who inflicted the fatal injury by hitting the victim with a piece of wood during their quarrel, a claim supported by the victim’s alleged statement to a defense witness doctor. The Regional Trial Court convicted all three accused of Homicide. The Court of Appeals affirmed the conviction. During the appeal, petitioner’s co-accused went into hiding, leaving petitioner to appeal alone.
ISSUE
Whether the Court of Appeals erred in affirming the trial court’s conviction of the petitioner for Homicide based on its factual findings and assessment of witness credibility.
RULING
The Supreme Court DENIED the petition and AFFIRMED the assailed decision and resolution of the Court of Appeals. The Court upheld the factual findings of the lower courts, giving great respect to the trial court’s assessment of witness credibility. The Court found no reason to doubt the positive, convincing, and credible testimony of eyewitness Elsie Fernandez, which was consistent with the medical findings. The defense’s theory that Elsie caused the fatal injuries was unsubstantiated, as no witness was presented who actually saw her hit the victim with wood, and a defense witness doctor even doubted a wife could inflict such severe injuries. The Court also noted that the Secretary of Justice had reversed an earlier prosecutor’s resolution recommending charges against Elsie and instead found probable cause against the petitioner and his co-accused. The petitioner failed to present any compelling reason to overturn the concurrent factual findings of the lower courts.