FIRST DIVISION
[G.R. No. 233753. September 11, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ANTHONY DAVID, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 11, 2019which reads as follows:
"G.R. No. 233753 (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTHONY DAVID, Accused-Appellant.) — After a judicious perusal of the records, the Court resolves to dismiss the appeal and to AFFIRM the March 21, 2017 decision 1 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 07966.
The trial courts' evaluation of the credibility of witnesses is entitled to the highest respect and will not be disturbed on appeal considering that the trial court is in a better position to decide such question, having heard the witnesses themselves and observed their deportment and manner of testifying during the trial. Its findings on the issue of credibility of witnesses and the consequent findings of fact must be given great weight and respect on appeal, unless certain facts of substance and value have been overlooked which, if considered, might affect the result of the case. 2 As in this case, the Court has not found any circumstance that would doubt the trial court's assessment of the credibility of the witnesses. Therefore, the same should not be disturbed.
While the finding of the appellant's guilt is in order, We need to modify the nomenclature of the crime committed against BBB 3 and the damages awarded to her in conformity with People v. Tulagan4 and People v. Jugueta. 5 Accordingly, in Criminal Case No. 13-1269, the offense committed by the accused-appellant is that of "Sexual Assault under Article 266-A (2) of the Revised Penal Code (RPC) in relation to Section 5 (b) of RA 7610." He is further ordered to pay BBB civil indemnity, moral damages and exemplary damages in the amount of P50,000.00 each, all subject to legal interest of six percent (6%) per annum from finality of this resolution until fully paid.
WHEREFORE, We DISMISS the appeal and AFFIRM with MODIFICATION the March 21, 2017 decision of the Court of Appeals. In Criminal Case No. 13-1269, the accused-appellant Anthony David is guilty beyond reasonable doubt of Sexual Assault under Article 266-A (2) of the Revised Penal Code in relation to Section 5 (b) of Republic Act No. 7610, and is ORDERED to PAY BBB civil indemnity, moral damages and exemplary damages in the amount of P50,000.00 each, all subject to legal interest of six percent (6%) per annum from finality of this resolution until fully paid. cSEDTC
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 2-13; penned by Associate Justice Mario V. Lopez with the concurrence of Associate Justice Remedios A. Salazar-Fernando and Associate Justice Eduardo B. Peralta, Jr.
2.People v. Bensig, G.R. No. 138989, September 17, 2002, 389 SCRA 182, 190.
3. An assumed name is hereby used to conceal the victim's identity in line with People v. Cabalquinto (G.R. No. 167693, September 19, 2006, 502 SCRA 419), which requires the real names of the rape victim and of the members of her immediate family and the household members, and other information tending to establish or compromise the identity of the victim not to be disclosed.
4. G.R. No. 227363, March 12, 2019.
5. G.R. No. 202124, April 5, 2016, 788 SCRA 331.