People v. Vergara
REITERATIONFacts
The Antecedents: On July 4, 1992, a team of deputized Fish Wardens and Police Officers were on a "preventive patrol" aboard the pumpboat "Bantay-Dagat" in the municipal waters fronting barangays Baras and Candahug, Palo, Leyte. They chanced upon a blue-colored fishing boat with four occupants, including appellant Renerio P. Vergara. The team observed Vergara throw a bottle, known locally as "badil" and containing ammonium nitrate with a blasting cap, into the sea. Approximately three seconds later, an explosion occurred. Vergara and co-accused Bernardo Cuesta dove into the sea with their gear, while Pedro G. Dagaño and Ernesto T. Cuesta, Jr. remained on board to tend to the air hose for the divers. The team approached the fishing boat, boarded it, and apprehended the four accused. Vergara and Cuesta surfaced carrying fishnets filled with "bolinao" fish. The fishing boat and its paraphernalia, along with the fish catch, were impounded. Procedural History: An information was filed charging Ernesto T. Cuesta, Jr., Pedro G. Dagaño, Renerio P. Vergara, and Bernardo P. Cuesta with Violation of Section 33 of Presidential Decree No. 704, as amended by Presidential Decree No. 1058. Vergara was the only one arraigned and brought to trial as his co-accused escaped. The Regional Trial Court, Branch 7, in Tacloban City, found Vergara guilty beyond reasonable doubt and sentenced him to twenty (20) years to life imprisonment, ordering the confiscation of the fishing boat and equipment used in the commission of the crime. The Petition: Vergara appealed the decision of the RTC, assigning as errors the RTC's alleged grave abuse of authority in ignoring the testimony of Emilio Linde, giving weight to biased and inconsistent testimonies, and showing bias against the accused during the trial.
Issue(s)
Whether the trial court committed grave abuse of authority in its handling of the evidence and testimonies. Whether the accused-appellant Renerio P. Vergara is guilty beyond reasonable doubt of violating Section 33 of Presidential Decree No. 704, as amended by Presidential Decree No. 1058.
Ruling
The Supreme Court affirmed the decision of the Regional Trial Court, finding accused-appellant Renerio P. Vergara guilty beyond reasonable doubt of violating Section 33 of Presidential Decree No. 704, as amended by Presidential Decree No. 1058. The penalty imposed by the trial court was affirmed in toto.
Ratio Decidendi
On the alleged grave abuse of authority and credibility of witnesses: The Supreme Court reiterated the principle that trial courts are tasked with the initial determination of the credibility of witnesses, and appellate courts seldom substitute their own findings. The Court found the trial court's assessment of the defense witness Emilio Linde as incredulous, noting that Linde's testimony was not mentioned in the counter-affidavit of the accused and that his demeanor on the stand failed to elicit belief. The Court also found the testimony of Fish Warden Jesus Bindoy to be detailed and credible, recounting the apprehension of the accused red-handed using explosives for illegal fishing. The testimony of Nestor Aldas, the Fish Examiner, corroborated the use of explosives by presenting fish samples with ruptured capillaries and crushed internal organs, indicative of such method. The Court found no grave abuse of authority on the part of the trial court. On the guilt of the accused-appellant: The Supreme Court found sufficient evidence to convict Renerio P. Vergara. The testimony of Fish Warden Jesus Bindoy clearly described Vergara throwing the "badil" (explosives) into the sea, followed by an explosion. The subsequent diving of Vergara and Cuesta to gather fish, along with the fish samples examined by Nestor Aldas, provided strong evidence of the commission of the crime. The Court cited Sections 33 and 38 of P.D. No. 704, as amended by P.D. No. 1058, which define and penalize illegal fishing with the use of explosives. Section 33 makes it unlawful to catch fish using explosives, while Section 38 prescribes penalties, including imprisonment from twenty (20) years to life imprisonment if the explosive is actually used. The Court concluded that the evidence presented established beyond reasonable doubt that Vergara violated these provisions.
Main Doctrine
The use of explosives in fishing, as defined under Section 33 of Presidential Decree No. 704, as amended by Presidential Decree No. 1058, is punishable by imprisonment ranging from twenty (20) years to life imprisonment. The possession of explosives with intent to use the same for illegal fishing carries a penalty of twelve (12) years to twenty-five (25) years imprisonment.