SECOND DIVISION
[G.R. No. 233367. November 20, 2019.]
DANILO M. JUNTILA, JR., *petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated20 November 2019which reads as follows:
"G.R. No. 233367 (Danilo M. Juntila, Jr. v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the January 20, 2017 Decision 2 and the August 2, 2017 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR No. 34766 finding petitioner Danilo M. Juntila, Jr. (petitioner) GUILTY beyond reasonable doubt of the crime of Rape, defined and penalized under Article 266-A of the Revised Penal Code, accompanied by the special mitigating circumstance of minority. Accordingly, he is sentenced to suffer the penalty of imprisonment for an indeterminate period of six (6) years and one (1) day of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum, and to pay AAA 4 the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; and (c) P75,000.00 as exemplary damages. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment. HEITAD
As correctly ruled by the CA, petitioner's guilt beyond reasonable doubt was sufficiently established through the victim's credible testimony. 5 Thus, the Court finds no reason to deviate from the factual findings of the trial court, as affirmed by the CA, as there is no indication that it overlooked, misunderstood or misapplied the surrounding facts and circumstances of the case. In fact, the trial court was in the best position to assess and determine the credibility of the witnesses presented by both parties, and hence, due deference should be accorded to the same, 6 as in this case.
SO ORDERED. (HERNANDO, J., on leave. ZALAMEDA, J., designated as Additional Member per Special Order No. 2727 dated October 25, 2019.)" aDSIHc
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
* "Danilo M. Juntilla, Jr." in some parts of the rollo.
1.Rollo, pp. 11-24.
2.Id. at 31-45. Penned by Associate Justice Myra V. Garcia-Fernandez with Associate Justices Rosmari D. Carandang (now a member of the Court) and Mario V. Lopez, concurring.
3.Id. at 47-47A.
4. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to RA 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES," dated September 5, 2017.) See further People v. Ejercito, G.R. No. 229861, July 2, 2018. To note, the unmodified CA Decision was not attached to the records to verify the real name of the victim.
5. See rollo, pp. 37-38.
6.Peralta v. People, 817 Phil. 554, 563 (2017).