People v. Baguan y Patadato

FIRST DIVISION

[G.R. No. 200310. January 9, 2013.]

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALIMOSARA BAGUAN y PATADATO, accused-appellant.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution dated January 9, 2013which reads as follows:

"G.R. No. 200310 — THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,versus ALIMOSARA BAGUAN y PATADATO, accused-appellant.

On appeal is the May 25, 2011 Decision 1 of the Court of Appeals (CA) which affirmed the judgment 2 of conviction of the Regional Trial Court (RTC), Branch 48, of Manila, finding appellant guilty of the crime of qualified rape of his 12-year-old niece AAA. 3

Briefly, the prosecution proved the following facts. Appellant was the brother of AAA's mother. While residing in Urdaneta, Pangasinan, AAA and her brother BBB were brought by appellant to Manila on June 13, 2005. They arrived in Manila around 11 o'clock in the evening on the same date and were lodged in an apartelle near Precinct Station 3 of Quiapo. Appellant rented two rooms and insisted that AAA stay with him. When they were inside the room, appellant forced AAA to have sex with him. Despite AAA's pleas and struggle, appellant placed himself on top of AAA and inserted his penis into her vagina. Appellant repeated his dastardly act the next morning around 6 o'clock. AAA managed to escape and sought the help of the police who accompanied her back to the apartelle and arrested appellant inside the room. Dr. Merle Tan conducted an Ano-Genital Examination on AAA. She found that AAA's typograph hymen was fimbriated and estrogenized with hymenal lacerations and petechiea at the 7 and 11 o'clock positions. cdll

Appellant, for his part, denied that he raped AAA. Appellant claimed that on the date of the incident, after having just arrived from Mindanao, he went to see BBB in the latter's apartelle because BBB had called and asked him to come get the money for his trade. When he arrived at the apartelle, he was arrested by the police who were waiting for him.

The RTC found appellant guilty beyond reasonable doubt of the crime of qualified rape and sentenced him to the penalty of reclusion perpetua with its accessory penalties. He was ordered to pay AAA the sum of P50,000 as moral damages and P30,000 as exemplary damages. On appeal, the CA affirmed appellant's conviction but it increased the award of moral damages to P75,000.

We have carefully reviewed the records of this case and the parties' submissions and find no cogent reason to disturb the decision of the CA. There is no showing that either the RTC or the CA committed any error in law and in its findings of fact especially as to AAA's credibility. It has been consistently held that in criminal cases the evaluation of the credibility of witnesses is addressed to the sound discretion of the trial judge, whose conclusion thereon deserves much weight and respect because the judge has the direct opportunity to observe said witnesses on the stand and ascertain if they are telling the truth or not. Absent any showing in this case that the lower courts overlooked substantial facts and circumstances, which if considered, would change the result of the case, this Court gives deference to the trial court's appreciation of the facts and of the credibility of witnesses, especially since this Court's own review of the records leads it to conclude that AAA's testimony meets the test of credibility. 4 The Court notes that other than his claim of denial, appellant failed to show how the prosecution failed to overcome the presumption of innocence in his favor. On the contrary, the RTC found that AAA's testimony was straightforward, clear, and positive. Further, appellant failed to prove that AAA was impelled by any ill motives to testify against him. The spontaneous revelation by AAA to the police immediately after she escaped from appellant is also another indicia of truth.

AAA's testimony proved that appellant had carnal knowledge of her. AAA positively testified that appellant inserted his penis inside her vagina. Moreover, AAA's testimony was corroborated by the medical findings of hymenal lacerations in her vagina. Male DNA was also found on the vaginal swabs taken from AAA.

However, as to the award of damages, the Court further orders the appellant to pay AAA civil indemnity of P75,000. 5 The Court also considers it proper to impose interest on the civil indemnity, moral damages and exemplary damages being awarded in this case considering that there has been delay in the recovery thereof. The interest imposed is the legal rate of 6% per annum reckoned from the finality of this judgment. 6 ACTISE

WHEREFORE, the appeal is DISMISSED. The May 25, 2011 Decision of the Court of Appeals in CA-G.R. CR. HC No. 04238 affirming appellant Alimosara Baguan y Patadato's conviction for qualified rape is AFFIRMED with MODIFICATION. In addition to the award of moral damages of P75,000 and the award of exemplary damages of P30,000 he is also ordered to pay AAA P75,000 as civil indemnity plus interest of 6% per annum on all the said amounts reckoned from the finality of this judgment until the same shall have been fully paid.

With costs against the appellant.

SO ORDERED."

Very truly yours,

 

(SGD.) EDGAR O. ARICHETADivision Clerk of Court

 

Footnotes

1. Rollo, pp. 2-19. Penned by Associate Justice Remedios A. Salazar-Fernando with Associate Justices Celia C. Librea-Leagogo and Elihu A. Ybañez concurring. The assailed decision was rendered in CA-G.R. CR. HC No. 04238.

2. CA rollo, pp. 72-86. Penned by Judge Silverio Q. Castillo.

3. The victim's real name, including all identifying information, is withheld per People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419.

4. See People v. Obina, G.R. No. 186540, April 14, 2010, 618 SCRA 276, 280-281.

5. People v. Achas, G.R. No. 185712, August 4, 2009, 595 SCRA 341, 355; People v. Anguac, G.R. No. 176744, June 5, 2009, 588 SCRA 716; People v. Glivano, G.R. No. 177565, January 28, 2008, 542 SCRA 656, 665; People v. Audine, G.R. No. 168649, December 6, 2006, 510 SCRA 531, 552-553; People v. Gloria, G.R. No. 168476, September 27, 2006, 503 SCRA 742, 756; People v. Cayabyab, G.R. No. 167147, August 3, 2005, 465 SCRA 681, 693; People v. Alfaro, G.R. Nos. 136742-43, September 30, 2003, 412 SCRA 293, 309-310 and People v. Soriano, G.R. Nos. 142779-95, August 29, 2002, 388 SCRA 140, 172.

6. People v. Taguibuya, G.R. No. 180497, October 5, 2011, 658 SCRA 685, 693-694.