THIRD DIVISION
[G.R. No. 217021. November 11, 2015.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. JERLAN DAVILA y DATU, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated November 11, 2015, which reads as follows:
"G.R. No. 217021 (People of the Philippines v. Jerlan Davila y Datu). — The Court NOTES the letter dated September 11, 2015 of P/Supt. II Richard W. Schwarzkopf, Jr., Superintendent of the New Bilibid Prison, Muntinlupa City, confirming the confinement of accused-appellant therein since June 16, 2012.
Considering the allegations, issues and arguments presented, the Court resolves to DISMISS the present appeal from the Decision 1 of the Court of Appeals (CA) in CA-G.R. CR No. HC-05494 dated August 20, 2014 convicting accused-appellant of the crime of rape for failing to sufficiently show that the court a quo committed any reversible error in its assailed Decision as to warrant the exercise of the Court's appellate jurisdiction.
The trial court and the CA did not err in convicting the accused-appellant of the offense charged. His lone testimony, proffering the defense of alibi, cannot prevail over the direct identification and straightforward testimony offered by the victim. Moreover, his argument that the absence of bruises or any sign of external injury negates the claim of rape does not hold water. This Court had repeatedly held that physical resistance need not be established in rape cases when intimidation is exercised upon the victim who submits against her will because of fear for her life and personal safety. 2 In the case here, the victim had a knife poked at her neck. That in itself is sufficient intimidation that forced her to submit to the carnal desires of the accused-appellant.
As to the defense of the accused-appellant, We have time and again ruled that that both denial and alibi are inherently weak defenses which cannot prevail over the positive and credible testimony of the prosecution witness that the accused committed the crime. Thus, as between a categorical testimony which has a ring of truth, on one hand, and a mere denial and alibi, on the other, the former is generally held to prevail. 3 Worse, in the case here, the accused did not offer any evidence other than his uncorroborated testimony to bolster his defense. DcHSEa
IN VIEW OF THE FOREGOING, the Court AFFIRMS the February 20, 2012 Decision of the Regional Trial Court, Branch 8, Legazpi City, as affirmed and modified by the Court of Appeals in its assailed August 20, 2014 Decision in CA-G.R. CR No. HC-05494. (Jardeleza, J., recused himself from the case due to his prior action as Solicitor General; Perlas-Bernabe, J., designated additional Member per Raffle dated April 13, 2015.)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 2-23. Penned by Associate Justice Ramon A. Cruz and concurred in by Associate Justices Hakim S. Abdulwahid and Romeo F. Barza.
2.People v. Cedenio, G.R. No. 201103, September 25, 2013, 706 SCRA 382, 386.
3.People v. Piosang, G.R. No. 200329, June 5, 2013, 697 SCRA 587, 596.