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FIRST DIVISION

NOTICE
Sirs/Mesdames :

Please take notice that the Court, First D ivision, issued a

Resolution dated February 15, 2022 which reads as follows:

"G.R. No. 252459 - PEOPLE OF THE PHILIPPINES,

plaintiff-appellee, versus JUAN FONTALBA, JR. y DULLIAGE,
accused-appellant.

After a careful review of the records of the case and the issues
submitted by the parties, the Court finds no error committed in the
Decision 1 dated August 23 , 2019 (Decision) of the Court of Appeals,
Second Division (CA) in CA-G.R. CR-H.C. No. 10580. The facts, as
borne out by the records, sufficiently support the conclusion that
accused-appellant Juan Fontalba, Jr. y Dulliage (Fontalba) is indeed
guilty of Murder. The issues and matters raised before the Court, the
same ones as those raised in the CA, there being no supplemental briefs
filed, were sufficiently addressed and correctly ruled upon by the CA.

It is well-settled that in the absence of facts or circumstances of

weight and substance that would affect the result of the case, appellate
courts will not overturn the factual findings of the trial court. 2 Thus,
when the case pivots on the issue of the credibility of the witnesses,
the findings of the trial courts necessarily carry great weight and
respect as they are afforded the unique opportunity to ascertain the
demeanor and sincerity of witnesses during trial. 3 Here, after
examining the records, which have the ring of truth on the one hand,
and statements of mere denial and alibi on the other, the former is
generally held to prevail. 4

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1
Rollo, pp. 3-1 3. Penned by Associate Justice Danton Q. Bueser, w ith Associate Justices
Fernanda Lampas Peralta and Ronaldo Roberto 8. Martin concurring.
People v. Gero/a, 8 13 Phil. 1055, 1064 (201 7).
3
People v. Aguilar, G.R. No. 177749, December 17, 2007, 540 SCRA 509, 522.
4
People v. Piosang, 7 10 Phil. 529, 527 (20 I 3).
RESOLUTION 2 G.R. No. 252459
February 15, 2022

Further, the continuing case law is that for the defense

of alibi to prosper, the accused must prove not only that he was at
some other place when the crime was committed, but also that it was
physically impossible for him to be at the scene of the crime or
its immediate vicinity through clear and convincing evidence. 5

In the present case, Fontalba claimed to be at his residence at

the time of the incident. As the CA noted, however, "[t]here is no
physical impossibility for him to be at the place where the shooting
incident occurred and later on go back to his house as they are in the
same barangay." 6 Branch 124, Regional Trial Court of Caloocan City
(RTC) noted as well that "the place where the victim was shot can be
reached by walking from the house of the accused, as well as from the
respective houses of the victim and the eyewitness, Arnold Santos." 7
It was not impossible, therefore, for Fontalba to be at place of the
crime at the time it happened.

Finally, it is important to highlight that, as the RTC noted, "the

accused failed to attribute to the eyewitness nor to the victim's family
any [ill motive] for them to concoct a story against him and to
fabricate a criminal charge that would render him vulnerable to
prosecution and conviction and possible life behind bars."8 This
further bolsters the credibility of the eyewitness' account of the
incident.

The Court also agrees with the RTC and the CA that the crime
committed was Murder because the qualifying circumstance of
treachery was present. It has been held that the "killing by an adult of
a minor child is treacherous." 9 In People v. Ganohon, 10 where one of
the victims was already 12 years old, the said doctrine was applied.
There is no reason, therefore, not to find the presence of treachery in
this case where the victim was an 11-year-old unarmed kid who was
killed with a firearm without any provocation or warning.

As to the qualifying circumstance of abuse of superior strength,

the Court agrees with the CA that it should no longer be appreciated
separately, as the acts constitutive of abuse of superior strength have
been appreciated already to qualify the offense on the ground of

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5 People v. Desalisa, G.R. No. 148327, June 12, 2003, 403 SCRA 723, 728.
6 Rollo, p. I 0.
7 CA rollo, p. 72.
8
Id.
9 People v. Domingo, G.R. No. 184343, March 2, 2009, 580 SCRA 436, 457.
10 273Phil.672(1991).
RESOLUTION 3 G.R. No. 252459
February 15, 2022

treachery. The CA, therefore, did not commit any error in its
affirmance of Fontalba's conviction. The Court, however, modifies the
damages imposed in accordance with prevailing jurisprudence.

WHEREFORE, premises considered, the Court hereby

ADOPTS the findings of fact and conclusions of law in the Decision
dated August 23, 2019 of the Court of Appeals in CA-G.R. CR-H.C.
No. 10580. The Decision finding the accused-appellant Juan Fontalba,
Jr. y Dulliage guilty beyond reasonable doubt for the crime of Murder,
defined and punished under Article 248 of the Revised Penal Code, as
amended, is AFFIRMED with MODIFICATION. He is ordered to
pay the heirs of the victim, Jeffrey Pallares y Trasmil, SEVENTY-
FIVE THOUSAND PESOS (P75,000.00) as civil indemnity,
SEVENTY-FIVE THOUSAND PESOS (P75,000.00) as moral
damages, and SEVENTY-FIVE THOUSAND PESOS (P75,000.00)
as exemplary damages, along with the amount of FIFTY
THOUSAND PESOS (PS0,000.00) as temperate damages. All
monetary awards shall earn interest at the legal rate of six percent
(6%) per annum from the date of finality of this Resolution until fully
paid.

SO ORDERED."

By authority of the Court:

LIBRA . UENA
Divisio Clerk of Cou~11

by:

MARIA TERESA B. SIBULO

Deputy Division Clerk of Court
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The Solicitor General Court of Appeals (x)

134 Amorsolo Street, Legaspi Village Manila
1229 Makati City (CA-G.R. CR HC No. 10580)

The Hon. Presiding Judge

Regional Trial Court, Branch 124
1400 Caloocan City
(Crim. Case No. C-90198)

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RESOLUTION 4 G.R. No. 252459
February 15, 2022

PUBLIC ATTORNEY'S OFFICE

Special and Appealed Cases Service
Counsel for Accused-Appellant
DOJ Agencies Building
Diliman, 1101 Quezon City

Mr. Juan D. Fontalba, Jr.

Accused-Appellant
c/o The Director General
Bureau of Corrections
1770 Muntinlupa City

The Director General

Bureau of Corrections
1770 Muntinlupa City

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