FIRST DIVISION
[G.R. No. 245270. July 14, 2021.]
PEOPLE OF THE PHILIPPINES,plaintiff-appellee,vs. CRIS CATANYAG y DE ASIS,accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated July 14, 2021which reads as follows:
"G.R. No. 245270 (People of the Philippines v. Cris Catanyag y De Asis).
After a careful review of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its September 7, 2018 Decision 1 as to warrant the exercise of this Court's appellate jurisdiction.
For a charge of rape by sexual intercourse under Article 266-A (1), as amended by Republic Act (R.A.) No. 8353, to prosper, the prosecution must prove that: (a) the offender had carnal knowledge of a woman; and (b) he accomplished this act under the circumstances mentioned in the provision, e.g., through force, threat or intimidation. The gravamen of rape is sexual intercourse with a woman against her will. 2
In the instant case, this Court agrees with the findings of the trial court and the CA that the prosecution was able to prove all the elements of rape by sexual intercourse. First, Cris Catanyag y De Asis (appellant) had carnal knowledge of the victim. AAA 3 was unwavering in her assertion that appellant inserted his penis into her vagina. She almost cried because of the pain that she felt. Her testimony was corroborated by the medico-legal findings. Second,appellant employed threat, force, and intimidation to satisfy his lust. In this case, AAA testified that appellant grabbed and pulled her towards the back of his nephew's house. He forced her to undress, and threatened to kill her if she reported the incident to her family.
This Court rejects appellant's contention that there was no conclusive finding of rape because AAA's medical examination revealed that the laceration in her hymen was incurred more than twenty-one (21) days prior to April 3, 2007, the date of her examination. It is settled that neither the presence nor the absence of hymenal lacerations indicates rape. 4 The hymen breaks for varied reasons the same way that it can remain intact despite repeated sexual intercourse. 5 Hence, even if no fresh hymenal lacerations were found on AAA after the incident, it does not prove that she was not raped.
This Court also agrees with the CA that the trial court correctly disregarded AAA's affidavit of desistance. Retractions are generally unreliable and considered as an afterthought. As a rule, affidavits of desistance are viewed with skepticism and reservation because they can be "easily obtained for monetary consideration or through intimidation." 6 The statement that her intention to desist from the prosecution of the case as she believed that appellant has already suffered, only serves as an additional reason why the desistance would not suffice to acquit the accused. 7 The affidavit of desistance cannot affect the conclusion that appellant raped AAA. 8
Finally, this Court affirms the penalty of reclusion perpetua which was properly imposed pursuant to Article 266-B of the Revised Penal Code. Also the CA correctly modified the amount of damages awarded to AAA. In case of simple rape and the penalty imposed is reclusion perpetua, the civil indemnity, moral damages, and exemplary damages shall be in the amount of P75,000.00 each, and all subject to six percent (6%) interest per annum from the date of finality of judgment until fully paid. 9
WHEREFORE, this Court AFFIRMS the September 7, 2018 Decision of the Court of Appeals in CA-G.R. CR-HC No. 08747. Appellant Cris Catanyag y De Asis is found GUILTY beyond reasonable doubt of Rape punishable under Article 266-A, paragraph 1 (a) of the Revised Penal Code, and is hereby SENTENCED to suffer the penalty of reclusion perpetua. He is likewise ORDERED to PAY private complainant AAA the following: civil indemnity in the amount of P75,000.00; moral damages in the amount of P75,000.00; and exemplary damages in the amount of P75,000.00.
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until full payment.
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, pp. 3-12; penned by Associate Justice Mario V. Lopez (now a Member of this Court) with Associate Justices Carmelita Salandanan Manahan and Ronaldo Roberto B. Martin, concurring.
2.People v. Ejercito, G.R. No. 229861, July 2, 2018, 834 Phil. 837, 844 (2018).
3. 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, in accordance with People v. Cabalquinto (533 Phil. 703 [2006]) and the Amended Circular No. 83-2015 dated September 5, 2017.
4.People v. Llamo, 380 Phil. 759, 773-774 (2000).
5.People v. Añonuevo, 419 Phil. 519, 531 (2001).
6.People v. ZZZ, G.R. No. 229862, June 19, 2019, citing People v. Bertulfo, 431 Phil. 535, 550 (2002).
7.Rollo, p. 5.
8. See People v. Gerandoy, 743 Phil. 396, 416-417 (2014), citing People v. Junio, 307 Phil. 853, 863 (1994).
9.People v. Jugueta, 783 Phil. 806 (2016).