People v. Clamor y Lubuyan

THIRD DIVISION

[G.R. No. 247527. May 10, 2021.]

THE PEOPLE OF THE PHILIPPINES, petitioner, vs. JENNIFER [OR JENIFER] CLAMOR y LUBUYAN, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution datedMay 10, 2021, which reads as follows:

G.R. No. 247527 (The People of the Philippines v. Jennifer [or Jenifer] Clamor y Lubuyan) — This is an appeal pursuant to Rule 56, Section 3, in relation to Rule 125, Section 2, of the Rules of Court, from the Decision dated March 4, 2019 of the Twenty-First Division of the Court of Appeals, Mindanao Station, Cagayan de Oro City (Court of Appeals) in CA-G.R. CR-HC No. 01847-MIN, which affirmed with modification the Decision dated May 20, 2016 of Branch 8 of the Regional Trial Court, Davao City, Davao del Sur (RTC), convicting Jennifer Clamor y Lubuyan (Efer) of the crime of rape.

On March 7, 2007, the Assistant City Prosecutor of Davao City filed an Information 1 dated March 6, 2007 before the RTC of Davao City, charging Efer with the crime of rape, as follows:

Crim. Case No. 61,016-07

xxx xxx xxx

That on or about March 4, 2007, in the City of Davao, Philippines and within the jurisdiction of the Honorable Court, the above-mentioned accused, through force, did then and there willfully, unlawfully and feloniously have carnal knowledge of a four (4) year-old-minor [AAA], against her will.

Version of the Prosecution

In establishing the elements of rape, the prosecution presented the testimonies of Dr. Theresa Briones (Dr. Briones), 2 the physician assigned to the Women and Children Protection Unit of the Davao Medical Center (DMC), who examined AAA after the rape; AAA, 3 the victim; BBB, 4 the victim's cousin; and CCC, 5 the victim's grandmother. The RTC also admitted the prosecution's exhibits, consisting of: AAA's Medical Certificates prepared by Dr. Briones 6(Medical Certificates); AAA's Certificate of Live Birth; 7 the Police Blotter dated March 5, 2007 8 (Blotter); and AAA's Question and Answer Statement dated March 6, 2007 9 (Statement).

On the evening of March 4, 2007, AAA, who was then four (4) years old, went outside her house to relieve herself in the comfort room. Notably, her family's comfort room sits side by side with Efer's comfort room, separated only by wooden slats. On her way, Efer dragged AAA into the latter's own comfort room, removed his and AAAs clothes, stood her on the toilet bowl and, facing AAA, inserted his penis into her vagina. AAA, in pain, cried out for Efer to stop, whereupon he put his pants back on, went out of the comfort room with AAA, and gave her ₱20.00 to keep quiet.

BBB testified that she was in the other adjoining comfort room at around 6:00 p.m. or 7:00 p.m. when she heard Efer's voice on the other side. Peeping through a hole in the wooden slat divider, she saw Efer undress himself and AAA, insert his penis into AAA's vagina, and heard the latter tell Efer to stop due to the pain. At that point, Efer stopped, put his pants back on and went outside the comfort room. Outside, Efer also saw BBB to whom he gave P10.00 to keep quiet.

CCC testified that AAA told her about how Efer dragged her into the latter's comfort room and inserted his penis into her vagina. As she saw redness and bleeding from AAA's vagina, CCC took AAA to the DMC the following day.

Finally, Dr. Briones testified on the Medical Certificates she prepared, explaining that she had found erythema (i.e., redness in the bymenal area caused by secondary contact of any object or due to any irritant) at the 1 o'clock position of the peri-hymenal area.

Version of the Defense

The defense presented Efer as the lone witness, 10 who claimed that, on March 4, 2007, he had gone home at around 11:30 a.m. to rest from his work as a house painter. From 12:30 p.m. to 3:00 p.m., he operated a DVD player at AAA's house as there was an ongoing party. After he had returned the DVD player to his house, he went out to his comfort room to urinate, but was surprised to find AAA inside. AAA was also surprised, so she shouted and fell into the toilet bowl, and Efer carried her outside of the comfort room. Outside, Efer saw BBB who accused him of doing something to AAA.

RTC Ruling

The RTC rendered a Decision 11 dated May 20, 2016, convicting Efer of the crime of rape, sentencing him to suffer the penalty of reclusion perpetua and ordering him to pay AAA monetary awards, the dispositive portion of which reads:

WHEREFORE, premises considered, there being proof of his guilt beyond reasonable doubt, the accused JENNIFER (OR JENIFER) CLAMOR y LUBUYAN is hereby found and declared GUILTY as charged and is sentenced to suffer the penalty of reclusion perpetua. He is also ordered to pay the victim AAA the amount of P75,000.00 as civil indemnity; P50,000.00 as moral damages; and P30,000.00 as exemplary damages.

Lending credence to AAA's testimony, the RTC ruled that AAA could not possess the degree of sophistication enough to fabricate her story.

Efer filed a Notice of Appcal 12 dated June 17, 2016 before the RTC, to which it gave due course through an Order dated July 22, 2016. Thereafter, Efer filed his Appellant's Brief dated April 2, 2018 before the Court of Appeals. He argued that AAA's and BBB's testimonies were unreliable and contradictory, that the RTC Decision dated May 20, 2016 violated his due process as it failed to discuss how the elements of rape were established, ultimately praying that he be acquitted of rape.

The Office of the Solicitor General (OSG) filed its Appellee's Brief 13 dated August 2, 2018, arguing that the prosecution had established Efer's guilt beyond reasonable doubt; that the RTC Decision dated May 20, 2016 conforms with the constitutional requirements; and that Efer's civil liability must be increased in accordance with the Court's ruling in People v. Gerandoy.14

CA Ruling

The Court of Appeals rendered a Decision 15 dated March 4, 2019, affirming with modification the RTC Decision dated May 20, 2016, the dispositive of which reads:

WHEREFORE, in view of all the foregoing, the appeal of appellant Jennifer (or Jenifer) Clamor y Lubuyan is DENIED. The assailed Decision dated 20 May 2016 of the Regional Trial Court (RTC), Branch 8, Davao City. Davao del Sur in Criminal Case No. 61-016-07 is hereby AFFIRMED with MODIFICATION that: (a) Jennifer (or Jenifer) Clamor y Lubuyan is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole; (b) the awards of civil indemnity, moral damages and exemplary damages arc each increased to One Hundred Thousand Pesos (P100,000); and (c) interest at the rate of 6% per annum is imposed on all damages awarded from the date of finality of this judgment until fully paid.

The Court of Appeals found AAA's and BBB's testimonies credible, especially considering that these were lent credence by the RTC, which had a first-hand observation of these witnesses. Furthermore, the civil liability was increased pursuant to the Court's ruling in People v. Jugueta.16

Efer filed his Notice of Appeal dated March 19, 2019. Through a Notice dated July 17, 2019, this Court resolved to allow Efer and the OSG to file supplemental briefs. In lieu thereof, Efer submitted a Manifestation in Lieu of Supplemental Brief dated November 11, 2019, and the OSG a Manifestation dated November 6, 2019, both adopting their arguments before the Court of Appeals.

Issue

The issue before this Court is whether or not Efer's guilt for the crime of rape has been established with proof beyond reasonable doubt.

The Court's Ruling

We see no reason to disturb the ruling of the Court of Appeals.

Under Article 266-A (1) (d) of the Revised Penal Code, as amended by Republic Act No. 8353, or The Anti-Rape Law of 1997, statutory rape is committed by sexual intercourse with a woman below twelve (12) years of age regardless of her consent, or the lack of it, to the sexual act. To convict an accused of the crime of statutory rape, the prosecution should prove: (1) the age of the complainant; (2) the identity of the accused; and (3) the sexual intercourse between the accused and the complainant. 17

The prosecution established the foregoing elements with proof beyond reasonable doubt.

On the First element, the certificate of live birth is the best evidence to establish the victim's age. 18 Accordingly, the RTC admitted in evidence the victim AAA's Certificate of Live Birth, from which it can be gleaned that, during the commission of rape on March 4, 2007, she was four (4) years old.

On the second element, Efer belabors that he could not have been positively identified, due to the darkness of the comfort room where the rape was committed and the darkness of the area outside his and AAA's houses, where the comfort room is situated. Yet, this Court has ruled in a previous rape case that, "[a]lthough complainant did not see appellant's face during the sexual act because the house was dark, nevertheless, no error could have been committed by the complainant in identifying the voice of the accused, inasmuch as complainant and appellant were neighbors[.]" 19

AAA is surely familiar with Efer as they are neighbors; she had heard his voice during the rape, also when she and Efer exited the comfort room and she was given money to keep quiet. Even BBB, AAA's cousin, had testified to hearing Efer's voice from the other side of the wooden slat divider, which divided the comfort room where AAA was raped, and the comfort room where BBB was at, and was also given money to keep quiet. At any rate, AAA and BBB positively identified Efer in open court during their respective testimonies.

The third element obtains. AAA narrated how Efer undressed himself and AAA, stood her on the toilet bowl, and, facing her, guided his penis into her vagina, for which she cried out for him to stop due to the pain. Unrebutted was BBB's testimony that she witnessed the rape through a hole in the wooden slat divider separating the comfort room where she was, and the comfort room where Efer raped AAA. While the Medical Certificates and testimony of Dr. Briones, the physician who examined AAA after the rape, do not account for the actual act of rape, her findings of crythema at the 1 o'clock position of AAA's peri-hymenal region corroborate that AAA's vagina was possibly subjected to direct trauma.

While Efer would have been sentenced to death pursuant to Article 266-B of the Revised Penal Code, as amended by Republic Act No. 8353, the Court of Appeals correctly imposed the penalty of reclusion perpetua, in view of Republic, Act No. 9346, or The Anti-Death Penalty Law. On the monetary awards, the Court of Appeals correctly modified the RTC's Decision dated

May 20, 2016 to conform to the Court's ruling in People v. Jugueta. 20

Considering the foregoing, the appeal of appellant Jennifer (or Jenifer) Clamor y Lubuyan is DENIED. The assailed Decision dated March 4, 2019 of the Twenty-First Division of the Court of Appeals, Mindanao Station, Cagayan de Oro City, in CA-G.R. CR-HC No. 01847-MIN, is hereby AFFIRMED. Appellant Jennifer (or Jenifer) Clamor y Lubuyan is hereby found GUILTY beyond reasonable doubt of statutory rape, and sentenced to suffer the penalty of reclusion perpetua without eligibility for parole, Appellant Jennifer (or Jenifer) Clamor y Lubuyan is required to pay the victim AAA the awards of civil indemnity, moral damages, and exemplary damages, each at One Hundred Thousand Pesos (P100,000.00), with interest at the rate of six percent (6%) per annum imposed on all damages from the date of finality of this judgment until fully paid.

SO ORDERED.

By authority of the Court:

(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court

 

Footnotes

1. Records, p. 1.

2.See TSN, June 24, 2008.

3.See TSN, May 25, 2009.

4.See TSN, December 4, 2009.

5.See TSN, October 26, 2009.

6.See Provisional Medical Certificate & Emergency Room Clinical Form, records, p. 9.

7.See Certificate of Live Birth, id. at 10.

8See Case Report Nos. PP05-07-1711, PP05-07-1738, PP05-07-1740, id. at 8.

9.See Question and Answer Statement dated March 6, 2007, id. at 6.

10.See TSN, August 27, 2014.

11.Rollo, pp. 35-38.

12. CA rollo, pp. 20-38.

13.Id. at 74-93.

14. 743 Phil. 396, 419 (2014).

15. Penned by Associate Justice Tita Marilyn Payoyo-Villordon, with Associate Justices Edgardo A. Camello and Loida S. Posadas-Kahulugan, concurring; rollo, pp. 5-13.

16. 783 Phil. 806, 850 (2016).

17.People v. Ilogon, 788 Phil. 633, 640 (2016).

18.People v. Olivar, 458 Phil. 375, 388 (2003).

19.People v. Inot, 234 Phil. 321, 325 (1987).