FIRST DIVISION
[G.R. No. 252151. November 11, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. AAA, 1accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated November 11, 2021 which reads as follows:
"G.R. No. 252151 (People of the Philippines v. AAA).
The appeal is bereft of merit.
For the prosecution of Rape under Article 266-A (1) (a) of the Revised Penal Code (RPC), as amended by Republic Act (RA) No. 8353, known as "The Anti-Rape Law of 1997," to prosper, the following elements must concur: (1) that the offender had carnal knowledge of a woman; and (2) that such act was accomplished through force, threat, or intimidation. 2 When the offender is the victim's father, proof of actual force, threat or intimidation is not even required. 3
Notably, rape case principles have not changed: (1) an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) given the nature of the crime of rape where only two persons are usually involved, the testimony of the complainant is scrutinized with extreme caution; and (3) the evidence for the prosecution stands or falls on its own merits and cannot be allowed to draw strength from the weakness of the defense. If the victim's testimony successfully meets the test of credibility, then the accused may be convicted on its basis. 4
Here, the Court agrees with the trial court and the Court of Appeals (CA) that the prosecution was able to establish with moral certainty the elements of carnal knowledge, and force or intimidation. BBB 5 narrated clearly the details on how AAA ravished her on two occasions when she was only 14 years old, thus:
[Criminal Case No. 372
Q During your last testimony, you mentioned of your father who came to where you were sleeping at your house at [x x x], what happened when your father came to where you were sleeping, BBB?
A He held my breast and vagina, Sir.
Q What happened after he held your breast and vagina?
A He removed my panty.
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Q And did he remove your pants also?
A Yes, Sir.
Q What happened when he removed your pants and panty?
A He put his penis into my vagina, Sir.
Q What did you feel when he did that to you?
A I felt pain, Sir.
Q And what did you do when he was doing that to you?
A I cried, Sir.
Q Did you not fight back, BBB?
A I tried to fight back but he was very much stronger than me, Sir.
Q And what happened when you tried to fight back, BBB?
A He continued what he was doing.
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Q When you said you felt pain, why did you feel pain, BBB?
A Because he put his penis into my vagina.
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Q And after your father did all these things to you, what happened after that?
A He went to sleep.
Q Did he not tell you anything after doing that to you?
A Yes.
Q What is that?
A That I do not tell anyone because he will kill me. 6 (Emphases supplied.)
[Criminal Case No. 373
Q And when you were sleeping, what happened, BBB?
A My father came.
Q And what did your father do?
A He held my breast and vagina.
Q And after that what did he do next, if any?
A He put his penis into my vagina.
Q What did you do when your father placed his penis inside your vagina?
A I tried to fight back but I cannot because he is stronger than me.
Q What is your feeling during that time?
A Painful.
Q [x x x], what happened next?
A He went to sleep.
Q Before going to sleep, have [sic] he told you anything?
A Yes.
Q What was that?
A That I do not tell to anyone because he will kill me. 7 (Emphases supplied.)
As correctly ruled by the CA and the Regional Trial Court (RTC), BBB's testimony was clear, straightforward and convincing. On this point, we stress that the RTC and CA's uniform assessments on the credibility of the victim and the veracity of her testimony are given the highest degree of respect, 8 especially if there is no fact or circumstance of weight or substance that was overlooked, misunderstood or misapplied, which could affect the result of the case. 9 Moreover, the trial court had the best opportunity to determine the credibility of the prosecution witness, having evaluated her emotional state, reactions and overall demeanor in open court. 10
Besides, settled is the rule that in the absence of evidence of improper motive on the part of the victim to falsely testify against the accused, her testimony deserves credence. 11 Thus, as against AAA's bare denial, BBB's testimony must prevail.
Further, AAA's alibi that he was in Tagaytay during the two rape incidents, failed to persuade the Court. In People v. Baronda, 12 the Court ruled that for a defense of alibi to prosper, the accused must not only prove that he was somewhere else when the crime was committed, but must also establish that it was physically impossible for him to be at the crime scene at the time of its commission. In this case, however, AAA himself admitted that he went to Tagaytay City only on July 20, 2014, or 5 days after the first rape occurred on July 15, 2014. 13 Moreover, the testimony of Felomena Tagtagan Martin (Felomena) did not help the accused's case. Upon cross-examination, Felomena recalled that AAA went to Tagaytay City only sometime in 2016, which was two years after the crimes were committed. 14 Clearly, AAA's presence at the place and time of the commission of the crimes was not shown to be physically impossible. At any rate, the defense witnesses' conflicting testimonies rendered AAA's alibi weak and unconvincing. CAIHTE
Finally, as regards AAA's contention that the rape was improbable considering that there were other occupants in the room, suffice it to say that lust is no respecter of time and place; rape can, thus, be committed even inside a house where there are other occupants, and even in the same room where other members of the family are also sleeping. 15
Now, as to the designation of the crime committed. Rape will be qualified under Article 266 (B) 16 of the RPC, as amended, if (1) the victim is under eighteen (18) years of age; and (2) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. 17 Here, the prosecution sufficiently alleged and proved the twin circumstances of age and relationship during trial. BBB's Certificate of Live Birth, 18 which was offered and duly admitted in evidence, listed AAA as her biological father and showed that she was only 14 years old when the crimes were committed on July 15, and August 4, 2014. In open court, AAA also admitted that he was BBB's father. The RTC and the CA therefore, correctly convicted AAA of Qualified Rape.
Anent the penalty, the crime of Qualified Rape is punishable with death. 19 Considering that death penalty may not be imposed, 20 the CA and RTC properly penalized AAA with reclusion perpetua, in lieu of death, and without eligibility for parole. 21 Lastly, consistent with prevailing jurisprudence, we sustain the awards of civil indemnity, moral damages, and exemplary damages of P100,000.00 each, which shall earn interest at the rate of six percent (6%) per annum from finality of the resolution until fully paid. 22
FOR THESE REASONS, the appeal is DISMISSED. The Court of Appeals' Decision 23 dated December 3, 2019 in CA-G.R. CR-HC No. 12109 is AFFIRMED. Accused-appellant AAA is guilty of two (2) counts of Qualified Rape, and is meted the penalty of reclusion perpetua without eligibility for parole for each crime. He is likewise ORDERED to pay the victim, for each count, the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. All awards for damages shall earn an interest rate of six percent (6%) perannum from finality of this Resolution until fully paid.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1. Modified pursuant to SC Amended Administrative Circular No. 83-2015 dated September 5, 2017 (Re: Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decision, Final Resolutions and Final Orders Using Fictitious Names/Personal Circumstances).
2.People v. Amistoso, 701 Phil. 345, 355 (2013).
3.People v. Fragante, 657 Phil. 577, 592 (2011).
4.People v. XXX, G.R. No. 253734 (Notice), June 14, 2021; People v. Villanueva, 822 Phil. 735, 743-744 (2017); People v. Penilla, 707 Phil. 130, 137 (2013); and People v. Bautista, 474 Phil. 531, 542-543 (2004).
5. The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family, or household members, shall not be disclosed to protect her privacy, and fictitious initial shall, instead, be used. (People v. Cabalquinto, 533 Phil. 703 (2006); and supra note 1.)
6.Rollo, pp. 9-10.
7.Id. at 11-12.
8.People v. Matignas, 428 Phil. 834, 868-869 (2002); People v. Jaberto, 366 Phil. 556, 566 (1999); and People v. Deleverio, 352 Phil. 382, 401 (1998).
9.People v. Agalot, 826 Phil. 541, 550 (2018); and People v. Orosco, 757 Phil. 299, 310 (2015).
10. See rollo, pp. 7-12.
11.People v. Espino, Jr., 577 Phil. 546, 563-564 (2008).
12. G.R. No. 243574 (Notice), November 23, 2020.
13.Rollo, p. 15; CA rollo, p. 53.
14.Rollo, pp. 15-16.
15.People v. CCC, G.R. No. 231925, November 19, 2018
16. ART. 266-B. Penalties. — Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
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The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim[.]
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17.People v. De Guzman, G.R. No. 234190, October 1, 2018.
18.Rollo, pp. 14, 17; CA rollo, p. 54. The prosecution presented BBB's Certificate of Live Birth that was later marked as Exhibit "C."
19. ART. 266-B. Penalties. — Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
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The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim[.]
x x x. See also People v. Tulagan, G.R. No. 227363, March 12, 2019.
20. RA No. 9346 entitled "AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES," approved on June 24, 2006.
21. A.M. No. 15-08-02-SC, entitled "GUIDELINES FOR THE PROPER USE OF THE PHRASE 'WITHOUT ELIGIBILITY FOR PAROLE' IN INDIVISIBLE PENALTIES," approved on August 4, 2015. See also People v. Gaa, 810 Phil. 860, 871 (2017).
22.People v. XXX, G.R. No. 250903 (Notice), April 26, 2021; See also People v. Tulagan, supra note 19; and People v. Jugueta, 783 Phil. 806 (2016).
23.Rollo, pp. 3-19. Penned by Associate Justice Franchito N. Diamante, with the concurrence of Associate Justices Pablito A. Perez and Walter S. Ong.