FIRST DIVISION
[G.R. No. 198668. January 9, 2013.]
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NILO CORDOVA JOMOC, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 9, 2013 which reads as follows:
G.R. No. 198668 — THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, versus NILO CORDOVA JOMOC, accused-appellant.
On appeal is the March 15, 2011 Decision 1 of the Court of Appeals (CA) which affirmed the judgment 2 of the Regional Trial Court (RTC), Branch 260, of Parañaque City convicting appellant of the crime of rape of AAA. 3
Briefly, the prosecution proved the following facts. AAA was 16 years old when she was raped on March 1, 2003. She and appellant were boarders in a house owned by a certain Mang Boy. Around two o'clock in the afternoon, on the said date, appellant went to AAA's room on the second floor and borrowed a VCD from her. He insisted that she watch the VCD with him, so she went downstairs to appellant's room on the ground floor and positioned herself close to the door. After they finished watching the film at around four o'clock in the afternoon, AAA decided to take a bath before going to work. On her way to the bathroom on the ground floor, she saw appellant looking at her. While AAA was inside the bathroom, appellant suddenly barged in and covered her mouth and warned her not to shout or he would kill her. AAA fought back but appellant overpowered her and punched her in the rib causing her to lose consciousness. When AAA regained consciousness around six o'clock, she found herself naked on the bathroom floor. She felt pain on her thighs and all over her body. She also noticed blood on her vagina. acAIES
AAA put on her clothes and went to her room. Afterwards, she went to work and told Mang Boy that appellant raped her. Mang Boy accompanied AAA to the police station. On March 3, 2003, she was examined medically at the Child Protection Unit of the Philippine General Hospital. Dr. Elynn Go found lacerations at the 5 o'clock and 7 o'clock positions in AAA's hymen with swelling on both edges. Dr. Go pointed out that swollen portions indicate that the injuries occurred within the last few weeks. She also noted that there were hematoma and bruises on AAA's upper extremity, as well as on her left thigh, which is furbish in color. Dr. Go opined that the injuries were inflicted only in the last seven days prior to the examination. CHcETA
For his defense, appellant denied that he raped AAA. Appellant claimed that around one o'clock in the afternoon on March 1, 2003 he was watching television with his wife, three children, and several of his neighbors. Around three o'clock in the afternoon, he went to sleep with his children while his wife and neighbors continued watching television. Before he went to sleep, appellant instructed AAA to operate the television and VCD. When he woke up around seven o'clock in the evening, appellant discovered that his cellular phone and its charger were missing. Since appellant placed his cellular phone and charger near the television, his wife and neighbors suggested that he ask AAA about it. Appellant tried to confront AAA but she refused to come out of the room of a certain Boy Macaranay. When appellant knocked at Boy Macaranay's door, the latter told him that a case would be filed against him if he insists on making AAA come out. Appellant then returned to his room. The next day, he was surprised when the police arrested him for raping AAA.
Appellant claimed that when they were at the police station, Boy Macaranay told him that AAA would be willing to withdraw the charges upon payment of P40,000. When he told Boy Macaranay that he does not have the money, the case was filed against him.
The RTC found appellant guilty beyond reasonable doubt of the crime of rape and sentenced him to reclusion perpetua with its accessory penalties. He was ordered to pay AAA the sum of P50,000 as civil indemnity and P50,000 as moral damages. The RTC found that the results of the medical examination corroborated AAA's testimony that she was raped by appellant. On appeal, the CA affirmed appellant's conviction.
The Court affirms the decision of the CA. We have carefully reviewed the records of this case and the parties' submissions and find no cogent reason to disturb the decision of the CA. There is no showing that either the RTC or the CA committed any error in law and in its findings of fact especially as to AAA's credibility. It has been consistently held that in criminal cases the evaluation of the credibility of witnesses is addressed to the sound discretion of the trial judge, whose conclusion thereon deserves much weight and respect because the judge has the direct opportunity to observe said witnesses on the witness stand and ascertain if they are telling the truth or not. Absent any showing in this case that the lower courts overlooked substantial facts and circumstances, which if considered, would change the result of the case, this Court gives deference to the trial court's appreciation of the facts and of the credibility of witnesses, especially since this Court's own review of the records leads it to conclude that AAA's testimony meets the test of credibility. 4 The Court also notes that other than his claim of denial, appellant failed to show how the prosecution failed to overcome the presumption of innocence in his favor. The RTC found that AAA categorically and positively identified appellant as the one who raped her. Moreover, the results of the medical examination corroborated AAA's testimony. As for the supposed affidavit of desistance which appellant claims that AAA executed, AAA categorically denied in open court that she executed it. Hence, we cannot give it any weight.
However, as regards the amount of damages, we modify the same and likewise award exemplary damages in the amount of P30,000 to set an example for the public good and to protect hapless individuals from sexual molestation. 5
WHEREFORE, the appeal is DISMISSED. The March 15, 2011 Decision of the Court of Appeals in CA-G.R. CR H.C. No. 03693 affirming appellant Nilo Cordova Jomoc's conviction for rape is AFFIRMED with MODIFICATION in that appellant is likewise ordered to pay the victim exemplary damages in the amount of P30,000. Interest at the rate of 6% per annum on all monetary damages awarded from date of finality of this Resolution until fully paid shall likewise be paid by appellant. aHSAIT
Costs against the appellant.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 2-23. Penned by Associate Justice Stephen C. Cruz with Associate Justices Isaias P. Dicdican and Rodil V. Zalameda concurring. The assailed decision was rendered in CA-G.R. CR H.C. No. 03693.
2. CA rollo, pp. 40-58. Penned by Judge Jaime M. Guray.
3. The victim's real name is withheld per People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419.
4. See People v. Obina, G.R. No. 186540, April 14, 2010, 618 SCRA 276, 280-281.
5. People v. Marcial Boaquina, G.R. No. 188978, June 13, 2012.