People v. De lima y Pacquiao

THIRD DIVISION

[G.R. No. 230333. January 17, 2018.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. FABIAN DE LIMA y PACQUIAO AND ARCADIO ATIS ALIAS "KAJO," ACCUSED; FABIANDE LIMA Y PACQUIAO, accused-appellant.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution datedJanuary 17, 2018, which reads as follows:

"G.R. No. 230333 (People of the Philippines vs. Fabian de Lima y Pacquiao and Arcadio Atis alias "Kajo," accused; Fabiande Lima y Pacquiao, accused-appellant). — Considering the allegations, issues, and arguments presented, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed Decision promulgated on June 30, 2016 in CA-G.R. CR-HC No. 05232 as to warrant the exercise of the Court's appellate jurisdiction. CAIHTE

In the adverted Decision, the CA affirmed with modification the January 18, 2011 Decision of the Regional Trial Court (RTC)- Br. 77 of Bulacan, and sustained De Lima's guilt for two (2) counts of rape.

The CA ruled that the court aquo did not err in giving credence to the testimony of the private complainant, AAA. The appellate court observed that AAA narrated her harrowing ordeal in a straightforward, detailed and convincing manner, with particularity and vividness. There is no hint that her testimony was tainted with malice or fabrication.

The trial court found AAA's testimony that De Lima had sexual intercourse with her credible and trustworthy. In a prosecution for rape, the complainant's credibility becomes the single most important issue, and when her testimony satisfies the test of credibility, an accused may be convicted solely on the basis thereof. 1 Here, both the RTC and the CA were sufficiently convinced of AAA's credibility, as well as that of her testimony. The RTC found that "[AAA]'s testimonies bear the hallmarks of truth. Her testimonies are spontaneous, convincing, and highly credible." 2

It is elementary that the trial judge's assessment of the credibility of a witness and of her testimony is given great weight because the trial judge, having personally observed the private complainant's conduct and demeanor as a witness, was thereby enabled to discern if she was telling or inventing the truth. 3 Further, the CA affirmed the trial court's evaluation. Hence, the trial court's assessment is binding on this Court, and it becomes the burden of the accused to project to us facts or circumstances of weight that were overlooked, misapprehended, or misinterpreted which, when duly considered, would materially affect the disposition of the case differently. 4 Accused-appellant failed to establish that both the RTC and the CA misapprehended the testimonies or evidence presented by the parties during the trial that will affect its outcome.

The CA and the RTC's conviction of accused-appellant must, therefore, be sustained. However, in line with prevailing jurisprudence, 5 the award for exemplary damages must be increased to P75,000.00. We also impose an additional interest of six percent (6%) per annum on all damages assessed from finality of this ruling until full payment.

IN VIEW OF THE FOREGOING, the Court ADOPTS the CA's findings and conclusions of law in its Decision dated June 30, 2016 in CA-G.R. CR-HC No. 05232 and AFFIRMS the said Decision with MODIFICATIONS. The Decision of the RTC as affirmed by the CA with modification shall read:

WHEREFORE, accused-appellant Fabian de Lima is found guilty, beyond reasonable doubt, of two (2) counts of rape in Criminal Case No. 2992-M-2002 and Criminal Case No. 2993-M-2002 and shall suffer the penalty of reclusion perpetua for each count of rape. He shall indemnify AAA in the amount of P75,000.00 as civil indemnity ex delicto, P75,000.00 as moral damages, and P75,000.00 as exemplary damages, also for each count of rape. The award of damages shall earn legal interest at the rate of six percent (6%) per annum from the finality of the Court's Resolution until full payment. Furthermore, for lack of evidence, accused-appellant is hereby ACQUITTED of acts of lasciviousness in Criminal Case No. 2991-M-2002 and rape in Criminal Case No. 2994-M-2002.

SO ORDERED."

Very truly yours,

(SGD.) WILFREDO V. LAPITANDivision Clerk of Court

Footnotes

1.People v. Agustin, G.R. Nos. 132524-25, September 24, 2001, 365 SCRA 667; People v. Montesa, G.R. No. 181899, November 27, 2008, 572 SCRA 317, 331.

2. RTC Decision, p. 15.

3.People v. Lantano, G.R. No. 176734, January 28, 2008, 542 SCRA 640, 651-652; People v. Catubig, G.R. No. 137842, August 23, 2001, 363 SCRA 621, 629.

4.People v. Domingo, G.R. No. 184958, September 17, 2009, 600 SCRA 280, 288; Gerasta v. People, G.R. No. 176981, December 24, 2008, 575 SCRA 503, 512.

5.People v. Jugueta, G.R. No. 202124, April 5, 2016.