THIRD DIVISION
[G.R. No. 256397. September 13, 2021.]
JOHN SARSOZA GUMBOC, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedSeptember 13, 2021, which reads as follows:
"G.R. No. 256397 (John Sarsoza Gumboc v. People of the Philippines). — This Court resolves the Petition for Review on Certiorari1 under Rule 45 of the Rules of Court filed by petitioner John Sarsoza Gumboc (Gumboc) assailing the Decision 2 dated July 10, 2020 and Resolution 3 dated February 26, 2021 of the Court of Appeals (CA) in CA-G.R. CR No. 42918. The CA affirmed the RTC's conviction of Gumboc for rape by sexual assault under Article 266-A, paragraph 2 of the Revised Penal Code (RPC) but modified the nomenclature of the crime and penalties imposed into Lascivious Conduct under Section 5 (b) of Republic Act No. (RA) 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
This case stemmed from an Information 4 filed before the Regional Trial Court (RTC) of Quezon City, Branch 78, against Gumboc for rape, as defined and penalized under Article 266-A, paragraph 2, of the RPC, the accusatory portion of which reads:
"That on or about the 2nd day of September 2017, in Quezon City, Philippines, the above-named accused, by means of force and intimidation, did then and there, willfully, unlawfully and feloniously commit an act of sexual assault upon AAA, a minor, 14 years old, by inserting his penis into the anus of the latter while displaying a sword, against his will and without his consent, to the damage and prejudice of the said victim.
CONTRARY TO LAW." 5
The prosecution alleged that at around 1:00 in the morning of September 2, 2017, AAA, 6 the victim who was then 14 years old, was with his two (2) minor friends, CCC and DDD at Nova Stop, Robinsons, Quezon City. They were then approached by Gumboc who offered DDD a job at a water station but the latter turned it down. When the minors were about to leave, Gumboc called them back and offered to hire all of them but instructed them not to tell anyone. Gumboc then invited them to his house where they had a drinking session. When all the minors were already intoxicated, Gumboc insisted that they stay in his house to rest. While resting, Gumboc started to fondle CCC's penis but the latter protested. Thus, Gumboc then went behind AAA and lowered his shorts and AAA's shorts. Gumboc made AAA lie on his back with his legs raised together and the Gumboc inserted his penis inside the anal orifice of AAA. After five (5) thrusting motions, Gumboc removed his penis. Thereafter, Gumboc got a samurai sword and brandished it to the minors. When Gumboc made a phone call, the minors ran away and threw stones at Gumboc's house. AAA then proceeded to the police station and underwent a medico-legal examination. The medico-legal examination confirmed the presence of abrasions in the anal orifice of AAA which is evidence that there was a recent blunt penetrating trauma to his anus. Police officers then proceeded to the house of Gumboc and arrested him. 7 cAaDHT
For his part, Gumboc denied the charges against him and averred that on the evening of September 1, 2017, he had an altercation at Nova Stop, Robinsons, Quezon City with a group of children he referred to as mga batang hamog when he refused to give them food. Gumboc narrated that in the early hours of the day of the incident, a group of children started to hurl stones at his house. Gumboc, however, was uncertain if these were the same children he encountered earlier. Thereafter, with the assistance of his landlord who was also a police officer, Gumboc decided to go to the barangay hall. While on their way, they were suddenly blocked by police officers and AAA who accused him of rape. Upon his arraignment, Gumboc pleaded not guilty to the charge. 8
In a Judgment 9 dated December 12, 2018, the RTC found Gumboc guilty as charged and accordingly sentenced him to suffer the indeterminate penalty of imprisonment of six (6) years of prision correccional as minimum and ten (10) years of prision mayor as maximum. 10 Gumboc was also ordered to pay AAA the amount of P30,000.00 each as civil indemnity and moral damages, both with interest of 6% per annum from the date of finality of judgment until fully satisfied. 11
The RTC did not give credence to Gumboc's defenses of denial and alibi in light of AAA's direct, candid, and straightforward testimony. 12 Dissatisfied, Gumboc appealed 13 his conviction to the CA.
In a Decision 14 dated July 10, 2020, the CA affirmed the RTC Decision with modifications. The CA, giving credence to the direct, straightforward, and unwavering testimony of AAA, affirmed the findings of the trial court that Gumboc sexually assaulted AAA when he repeatedly and forcibly inserted his penis into AAA's anal orifice. 15 In line with existing jurisprudence, the CA modified the nomenclature of the crime and the penalties into Lascivious Conduct, as defined and penalized under Section 5 (b) of RA 7610. 16 Accordingly, the CA imposed the indeterminate penalty of imprisonment of eight (8) years and one (1) day of prision mayor as minimum to seventeen (17) years, four (4) months and one (1) day of reclusion temporal as maximum. 17 In addition, the award of civil indemnity and moral damages was increased to P50,000.00 each. 18 A fine of P15,000.00 was also imposed against Gumboc. 19
Gumboc moved for reconsideration, 20 which was denied by the CA in its Resolution 21 dated February 26, 2021.
Hence, Gumboc's petition insisting on his innocence and seeking that his conviction be overturned. In support thereof, he raised the following issues: (i) the elements of the crime of rape by sexual assault were not proven by the prosecution; and (ii) his conviction of Lascivious Conduct, as defined and penalized under Section 5 (b) of RA 7610, instead of the RPC, was improper.
The Court resolves to DENY the instant petition for petitioner's failure to show any reversible error in the assailed CA Decision to warrant the Court's discretionary appellate jurisdiction. A judicious review of Gumboc's petition shows that his arguments are nothing but feeble attempts at exoneration. The Court adopts the findings of facts and conclusions of law of the CA in CA-G.R. CR No. 42918 with modifications as to the award of damages.
First, the Court agrees with the findings of the courts a quo that the prosecution was able to prove beyond reasonable doubt, through the direct, candid, and straightforward testimony of AAA, 22 that Gumboc sexually abused AAA during the day of the incident, when Gumboc inserted his penis into AAA's anal orifice through force and intimidation. There is no cogent reason to disturb these findings. The Court emphasizes that the factual findings of the trial court, its calibration of the testimonies of the witnesses, and its conclusions anchored on its findings, especially when affirmed by the CA, are accorded great weight and respect, if not conclusive to this Court, and will not be disturbed on appeal. 23 Gumboc failed to present any argument which warrants the Court to overturn the findings of the trial court which were affirmed by the CA.
Second, on the propriety of convicting Gumboc under RA 7610 when the RTC and the Information charged him for a violation of Article 266 of the RPC, the Court affirms the CA's modification as to the nomenclature of the crime as it is in line with the pronouncement of the Court in People v. Tulagan, 24 where the Court held that an accused, who commits rape by sexual assault, shall be held guilty thereof in relation to Lascivious Conduct under Section 5 (b) of RA 7610. The indeterminate penalty of imprisonment of eight (8) years and one (1) day of prision mayor as minimum to seventeen (17) years, four (4) months and one (1) day of reclusion temporal as maximum imposed by the CA against Gumboc is thus proper. 25 Exemplary damages must also be awarded in accordance with People v. Tulagan. 26 Therefore, Gumboc is ordered to pay AAA exemplary damages of P50,000.00, in addition to the civil indemnity, moral damages, and fine 27 imposed by the CA.
WHEREFORE, premises considered, the petition is DENIED. The assailed Decision dated July 10, 2020 and Resolution dated February 26, 2021 in CA-G.R. CR No. 42918 are AFFIRMED with MODIFICATION. Petitioner John Sarsoza Gumboc is found guilty beyond reasonable doubt of Lascivious Conduct under Section 5 (b) of Republic Act No. 7610. Accordingly, he is sentenced to suffer the penalty of imprisonment for an indeterminate period of eight (8) years and one (1) day of prision mayor as minimum to seventeen (17) years, four (4) months and one (1) day of reclusion temporal as maximum, with modification as to the award of damages. Petitioner John Sarsoza Gumboc is ORDERED to PAY AAA the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, P50,000.00 as exemplary damages, and a fine of P15,000.00, with legal interest of six percent (6%) per annum imposed on all monetary awards from the date of finality of this Decision until full payment. HCaDIS
SO ORDERED." (J. Lopez, J., designated additional member per Special Order No. 2834 dated July 15, 2021.)
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1. Rollo, pp. 12-30.
2. Id. at 36-50. The July 10, 2020 CA Decision was penned by Associate Justice Danton Q. Bueser, with the concurrence of Associate Justices Geraldine C. Fiel-Macaraig and Tita Marilyn B. Payoyo-Villordon.
3. Id. at 53-54. The February 26, 2021 CA Resolution was penned by Associate Justice Danton Q. Bueser, with the concurrence of Associate Justices Geraldine C. Fiel-Macaraig and Tita Marilyn B. Payoyo-Villordon.
4. Id. at 37.
5. Ibid.
6. Referred to as AAZ in the RTC Judgment.
7. Id. at 37-40.
8. Id. at 40-41.
9. Id. at 69-81. The RTC Judgment was penned by Presiding Justice Fernando T. Sagun, Jr.
10. Id. at 13.
11. Id.
12. Id. at 80.
13. See Gumboc's appellant's brief; id. at 57-68.
14. Supra note 2.
15. Id.
16. Id. at 45.
17. Id. at 50.
18. Id.
19. Id.
20. Id. at 96-123.
21. Id. at 53-54.
22. Id. at 42.
23. See People v. Tulagan, G.R. No. 227363, March 12, 2019; and People v. Palanay y Minister, 805 Phil. 116-130 (2017).
24. G.R. No. 227363, March 12, 2019.
25. See People v. Nocido, G.R. No. 240229, June 17, 2020.
26. G.R. No. 227363, March 12, 2019.
27. Ramilo v. People, G.R. No. 234841, June 3, 2019.