[G.R. No. 118806. July 10, 1998] SANTIAGO ARGONCILLO, RICHARDO BALBONA and OLICARIO !"IT#N, petitioners, vs. CO!RT O$ A#ALS and TH# #OL# O$ TH# HILIIN#S, respondents. D#CISION %A!NAN, J.& $ACTS& Due to reports of rampant illegal shing, personnel from the Department of Agriculture and Natural Resources specically from the Bureau of Fisheries as well as the Barangay Captain of said place assisted by the local policemen created a team to conduct surveillance within the visan Bay! Around "#$% in the evening of &ay ', ())%, while on surveillance, surveillance, they heard heard an e*plosion! +ensing it was caused caused by dynamite, they proceeded to the area around ve hundred meters -%% m!. away from them! /hey saw three persons 0olicarpio 1miten, +antiago Argoncillo and Richard Balbona. diving into the water! water! /hereafter, they would surface and throw their catch of sh to the unmotori2ed banca around four meters long nearby! Around three three to four meters away from these three persons 3oating in the water, were three other persons 4ohnson +ucgang, 5lvis 6illar and 5fren Alvaro. standing in the roc7y portions around three meters apart! 4oey de la Cru2, an employee of the Bureau of Fisheries, gathered seven sh samples from the banca! /he team apprehended the si* accused and brought them to the sh cage of the barangay captain located within the same barangay! 4oey dela Cru2 and Rolando Rolando Amoroso Amoroso both employees employees from Bureau Bureau of Fisheries. Fisheries. conducted two e*ternal e*aminations on the sh samples! n both e*ternal e*aminations, the two found out that the shes were caught with the use of e*plosives because blood was oo2ing from their operculums and their eyes were protruding! An on8the8spot investigation was conducted but the accused denied any culpability! culpability! /hey were then released on the strength of their promise to report to the local police the following day! /he sh samples samples were then then brought brought by 4oey de la Cru2 Cru2 and Rolando Rolando Amoroso Amoroso to their o9ce in Ro*as City where they conducted an internal e*amination! /he e*amination reveal revealed ed that the sh samples were caught with the use of e*plosives because their air bladders were raptured and deeply stained with blood: the vertebral columns were bro7en but with bloodstains: their ribs were bro7en: and there were blood clots in their abdomens! 4oey de la Cru2 and Rolando Amoroso rendered a written report of their internal e*amination to the 0rovincial Agricultural ;9cer!
/he testimonies of 4oey de la Cru2, Rolando Amoroso, and 0ersine3es 1! ;abe above were corroborated by 0at! Rafael /upa2, one of the police escorts of the team!
Regional /rial Court found the accused, 0olicarpio 1miten, +antiago Argoncillo and Richard Balbona, guilty beyond reasonable doubt for the crime of illegal shing with the use of an e*plosive! Accused, 4ohnson +ucgang, 5lvis 6illar and 5fren Alvaro, are ac /hey also is insu9cient to disprove such nding! t is simply a superiority of weight of obect evidence over testimonies of the accused! 4oey de la Cru2 is an agricultural technologist of their o9ce and a graduate of Bachelor of +cience in Fishery! 4oey de la Cru2 and Rolando Amoroso had undergone training course in shery laws and implementing regulations as well as actual demonstrations in sea to practice what they had learned in theory! AsE *** technical personnel of the Bureau of Fishery and A
/he fact that the patrol team did not immediately deliver the accused to the municipal ail does not diminish the credibility of the above witnesses! 0ersine3es 1! ;abe, the barangay captain of Basiao, gave a plausible e*planation for the accusedGs release# =?e released those si* persons because if we bring them to the municipality of visan we have no available transportation because they were only riding in a single motor vehicle!> /he want of available transportation is not surprising! /he dearth in law enforcement facilities, especially in the provinces, is not lost on this Court and is a matter of udicial notice! n ne, we nd no reason to disturb the assessment of the trial court regarding the credibility of prosecution witnesses 4oey de la Cru2 and Rolando Amoroso! ts ndings are accorded great respect by appellate tribunals since trial courts have the advantage of e*amining the witnessesG testimonies and observing their demeanor rst hand!
