FIRST DIVISION
[G.R. No. 252604. May 14, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. VICTOR BALETE y RAMOS, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedMay 14, 2021which reads as follows:
"G.R. No. 252604 (People of the Philippines v. Victor Balete y Ramos). — The records of this case were elevated to this Court pursuant to the Resolution 1 dated 14 February 2020 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 09594, which gave due course to the Notice of Appeal 2 dated 20 December 2019 filed by accused-appellant Victor Balete y Ramos (accused-appellant).
On 14 September 2020, this Court issued a Resolution 3 requiring both parties to file their respective supplemental briefs. In lieu thereof, however, the Public Attorney's Office filed a Manifestation 4 stating that it is adopting in toto the contents and substance of its Brief 5 filed in the CA. Similarly, the Office of the Solicitor General manifested that it is no longer necessary to file any supplemental brief. 6
After review of the records, the Court resolves to DISMISS the Appeal for failure to sufficiently show that the CA committed any reversible error in upholding accused-appellant's conviction for the crime of Statutory Rape, and the penalties it imposed.
The Court finds no reason to disturb the factual findings and conclusions of the CA, more so that they coincide with those of the Regional Trial Court (RTC). 7
It is a well-settled principle in jurisprudence that the victim's testimony in rape cases suffices, if the same is credible. Equal reliance, if not more, is accorded to testimonies of child victims of sexual abuse. 8 Youth and immaturity are generally badges of truth and sincerity. 9 In this case, both the RTC and CA gave full weight and credence to AAA's testimony that accused-appellant raped her and made her sit on a live wire.
In the light of AAA's positive and categorical testimony, this Court likewise rejects accused-appellant's defense of denial. His version of what transpired on the night of 22 July 2007 is inconsistent with ordinary human experience. As correctly noted by the RTC, it is highly unlikely for a child to casually follow accused-appellant and ride a jeepney with him, when their house was close to the store where accused-appellant bought her candies. Basing from AAA's testimony, accused-appellant enticed her that they will buy food and later on, coerced her to come with him. Likewise, it is also doubtful that a random stranger would suddenly have accused-appellant arrested at the overpass. 10 In the absence of proof ill-motive, or an explanation as to why Romy called on the authorities and have accused-appellant arrested, such circumstance lends support to this Court's conclusion that accused-appellant was indeed raping AAA at the overpass when Romy chanced upon them. aDSIHc
WHEREFORE, the Appeal is hereby DISMISSED. The Decision dated 29 November 2019 of the Court of Appeals in CA-G.R. CR-HC No. 09594, finding Victor Balete y Ramos GUILTY beyond reasonable doubt of the crime of Statutory Rape, sentencing him to suffer the penalty of reclusion perpetua, and ordering him to pay private complainant AAA: 1) Php75,000.00 as civil indemnity; 2) Php75,000.00 as moral damages; and 3) Php75,000.00 as exemplary damages, is AFFIRMED. All the monetary awards shall likewise carry legal interest at the rate of six percent (6%) per annum from finality of this ruling 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.Rollo, p. 21.
2.Id. at 18-20.
3.Id. at pp. 23-24.
4.Id. at 28-29.
5. CA rollo, pp. 34-63.
6.Rollo, pp. 32-33.
7.See People v. Santos (Resolution), G.R. No. 252349, 17 February 2021.
8.See People v. Francia, 817 Phil. 972 (2017); G.R. No. 208625, 06 September 2017 [Per J. Leonen], citing People v. Oliva, 616 Phil. 786, 792 (2009); G.R. No. 187043, 18 September 2009 [Per J. Nachura].
9.People v. XXX, G.R. No. 218277, 09 November 2020 [Per J. Hernando], citing People v. Salaver, G.R. No. 223681, 20 August 2018 [Per J. Del Castillo].
10. CA rollo, pp. 74-75.