THIRD DIVISION
[G.R. No. 229855. January 22, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. PEDRING CATARAJA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated January 22, 2018, which reads as follows:
"G.R. No. 229855(People of the Philippines vs. Pedring Cataraja). — For resolution is an appeal from the Decision dated September 13, 2016 of the Court of Appeals (CA) in CA-G.R. CR HC No. 01745 1 which affirmed with modification the Decision dated July 22, 2013 of the Regional Trial Court, Branch 61, Kabankalan City, Negros Occidental in Criminal Case No. 2007-4248 finding the accused-appellant guilty beyond reasonable doubt of the crime of rape.
Antecedent Facts
An information was filed charging accused-appellant with the crime of rape, the accusatory portion of which reads:
That on or about the 25th day of March 2006, in the City of Sipalay, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the herein accused with lewd design, did then and there, willfully, unlawfully and feloniously have carnal knowledge of AAA against her will and without her consent and by means of force, threat and intimidation, by then and there pointing her with a firearm and succeeded in having sexual intercourse with her.
CONTRARY TO LAW.
Upon arraignment on June 8, 2007, accused-appellant pleaded not guilty. Trial on the merits ensued.
Version of the Prosecution
On March 25, 2006 at around 12:00 midnight, victim AAA was sleeping with her two (2) children at her house located at Sitio Bita-oy, Barangay Caturay, Sipalay City when accused-appellant, in the guise of asking for lighter and drinking water, sneaked through a hole in the kitchen, wearing only his underwear. He grabbed AAA's hair from behind and pointed a small gun at the lower part of her neck. He then succeeded in having carnal knowledge of her against her will. She tried to resist but he overpowered her and threatened to put three (3) bullets on her and her children should she report the matter to anyone. The violation occurred while the husband of AAA was on duty. 2 Accused-appellant then went out of the house through the same hole in the kitchen, leaving AAA shattered and crying until the following morning. 3
To ensure the safety of her family, she brought her children to her father's home in Sipalay, Negros Occidental. She also informed her father and her husband of the incident, after which, AAA reported the matter to the police. 4
The medical examination indicated that the victim had small patches of erythema at the vaginal orifice at 3, 5 and 7 o'clock positions.
Version of the Defense
Accused-appellant denied the charges against him and averred that AAA actually filed a case against his son Pedro, Jr. but the warrant of arrest was issued against accused-appellant. 5 He claimed that at the time of the incident, he was asleep with his wife and children in their house. 6
Ruling of the Trial Court
The Regional Trial Court, Branch 61, Kabankalan City, Negros Occidental gave credence to the testimony of AAA and rendered a decision dated July 22, 2013, disposing the case as follows:
WHEREFORE, in light of the foregoing, the Court finds accused Pedring Cataraja GUILTY beyond reasonable doubt of the crime of rape and hereby sentences him to suffer the penalty of RECLUSION PERPETUA and to pay the offended party, AAA, P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages. Costs de officio.
It is ordered that accused be immediately remitted to the National Penitentiary for service of his sentence.
SO ORDERED.
Ruling of the Court of Appeals
On appeal, the CA rendered the assailed Decision dated September 13, 2016, affirming the July 22, 2013 Decision of the RTC, with modification in that the award for exemplary damages is increased to P30,000.00 and all monetary awards for damages shall earn interest at the legal rate of 6% per annum from the date of finality of the decision until fully paid.
Pursuant to Section 13, Rule 124 of the 2000 Rules of Criminal Procedure, accused-appellant filed a Notice of Appeal dated September 29, 2016.
Issue
Whether the CA erred in finding the accused-appellant guilty beyond reasonable doubt of the crime charged. aDSIHc
This Court's Ruling
The appeal is unmeritorious.
As a general rule, this Court does not disturb the findings of the trial court which is in a better position to observe the deportment and manner of testifying by the witnesses during trial. 7
The records show that AAA was direct and sincere in recounting the wrongful act committed by the accused-appellant. Jurisprudence dictates that the finding of the trial court carries a great weight because the trial judge enjoys observing firsthand the deportment of the witness while testifying and is, therefore, in a better position to form accurate impressions and conclusions on the basis thereof. 8
The Revised Penal Code provides:
Article 266-A. Rape; When and How Committed. Rape is Committed
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a. Through force, threat, or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; and
d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
Art. 266-B. Penalties. Rape under paragraph 1 of [Art. 266-A] shall be punished by reclusion perpetua.
The element of carnal knowledge through threat and intimidation was sufficiently established by the prosecution. The lone and uncorroborated testimony of AAA was clear, direct and consistent. 9 She testified that the accused-appellant pointed a gun on her neck, threatening to kill her and her child should she resist his carnal desires. Her claim was further supported by the medico-legal findings consistent with rape. On the other hand, the alibi of the accused-appellant was self-serving and warranted scant consideration.
We, however, modify the award for damages to conform to the latest jurisprudence. 10 Civil indemnity is awarded to the offended party as a kind of monetary restitution or compensation to the victim for the damage or infraction that was done to the latter by the accused. 11 Moral damages may be awarded to compensate for physical suffering, mental anguish, serious anxiety, besmirched reputation, wounded feelings and social humiliation. 12 Exemplary or corrective damages are imposed, by way of example or correction for the public good.
In People v. Ireneo Jugueta, 13 this Court increased the damages in crimes punishable by reclusion perpetua, as follows:
a. Civil indemnity — P75,000.00
b. Moral damages — P75,000.00
c. Exemplary damages — P75,000.00
WHEREFORE, the instant appeal is DISMISSED. The Decision of the Court of Appeals dated September 13, 2016 in CA-G.R. CR-H.C. No. 01745 is hereby AFFIRMED with MODIFICATION:
Accused-appellant Pedring Cataraja is ORDERED to PAY the victim AAA the following amounts: civil indemnity in the amount of Php75,000.00; moral damages in the amount of Php75,000.00; exemplary damages in the amount of Php75,000.00.
Accused-appellant is also ORDERED to PAY interest to be imposed on the civil indemnity, moral damages, exemplary damages at the rate of six percent (6%) per annum from the time of finality of this Resolution until fully paid. (Martires, J., on leave)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Penned by Justice Gabriel T. Robeniol with the concurrence of Justice Pamela Ann Abella Maximo and Justice Pablito A. Perez.
2. The husband of AAA is a member of the Citizen Armed Force Geographical Unit (CAFGU) assigned in Sipalay City.
3. Plaintiff-Appellee's Brief, p. 4.
4. Police Blotter Book of Sipalay Police Station Entry No. 4049, dated April 1, 2006.
5. Appellant's Brief, p. 3.
6. CA Decision, p. 8.
7.People v. Darius Bautista y Orsino @ Dada, G.R. No. 191266, June 6, 2011.
8.People of the Philippines v. Vergara y Claven, G.R. No. 199226, January 15, 2014.
9.People v. Olimba, G.R. 185008, September 22, 2010.
10.People v. Jugueta, G.R. No. 202124, April 5, 2016.
11. Id.
12. Id.
13. Id.