SECOND DIVISION
[G.R. No. 243027. December 2, 2020.]
PEOPLE OF THE PHILIPPINES, petitioner,vs. EDGAR LAURZANO y BAL-OT, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 02 December 2020which reads as follows:
"G.R. No. 243027 (People of the Philippines v. Edgar Laurzano y Bal-ot).
The elements of Rape through sexual intercourse are: (1) the accused had carnal knowledge of the victim; and (2) that said act was accomplished: (a) through the use of force or intimidation; or (b) when the victim is deprived of reason or otherwise unconscious; or (c) by means of fraudulent machination or grave abuse of authority; or (d) when the victim is under twelve (12) years of age or is demented. 1 On the other hand, the elements of Rape through sexual assault are: (1) that the offender commits an act of sexual assault; (2) that the act of sexual assault is committed by inserting his penis into another person's mouth or anal orifice or by inserting any instrument or object into the genital or anal orifice of another person; and (3) that the act of sexual assault is accomplished by using force or intimidation, among others. 2
The elements of Rape through sexual assault are present in this case. As aptly ruled in People v. Nequia, 3 the insertion of one's finger into the genital of another constitutes Rape through sexual assault. 4 Here, AAA vividly recounted that Edgar Laurzano y Bal-ot (Edgar), using force and intimidation, inserted his finger into her vagina, to wit:
Pros. Guzman:
xxx xxx xxx
Q What happened after you shouted?
A He continuously kisses [sic] me and when I said to stop he hold (sic) my arms, [Ma'am].
Q What happened after he held your arms?
A Then he continuously kissed me and he lifted my upper shirt.
Q What did you do when he did that?
A I cannot fight because he is holding my arms, [Ma'am].
Q Please explain to me [i]f he was holding on your arms how could he remove your shirt?
A His body was on my top and while his other hand is holding my arms, while [sic] his other hand he started to insert it in my shirt, [Ma'am].
xxx xxx xxx
Q What happened when he started to remove your top?
A He started to hold or caress my breast, [Ma'am].
xxx xxx xxx
Q So, you cried and prayed. While you were crying and praying, what happened?
A He started to unzip my pants, [Ma'am].
Q When he tried to unzip or start to unzip your pants, what did you do?
A I tried to fight him by pushing him using my feet, [Ma'am].
Q You tried to fight him off. Were you able to fight him off?
A No, [Ma'am].
Q What happened after?
A He inserts [sic] his finger inside my private part, [Ma'am].
Q How did that make you feel?
A It hurts, [Ma'am]. 5 (Emphases supplied.)
Similarly, Rape through sexual intercourse was established beyond reasonable doubt. AAA narrated how Edgar forcibly had carnal knowledge of her, thus:
Q What happened after he left the room?
A He returned immediately, [Ma'am].
Q How soon after did he come back?
A Just a few seconds, [Ma'am].
Q And then what happened when he came back to the room?
A And then, he dragged me, [Ma'am].
Q To where direction did he drag you?
A Inside his room, [Ma'am].
Q When he dragged you to his room, what happened there?
A He pushed me on his bed, [Ma'am].
Q What did you do when he tried to push you to his bed?
A I pushed him back but he locked the room, [Ma'am].
Q And then what happened?
A And then he started undressing me, [Ma'am].
Q How did he undress you?
A He took off my upper shirt, [Ma'am].
Q Did you want to take off your shirt?
A No, [Ma'am].
Q So what did you do when he tried to take off your shirt?
A I tried to stop him from removing my shirt, [Ma'am].
Q What happened when he tried to keep (sic) your shirt down?
A Nothing happened because he was able to remove my shirt, [Ma'am].
Q What happened when he removed your shirt?
A He sucked my breast, [Ma'am].
Q What did you do when he did that to you?
A I tried to kick him, [Ma'am].
Q Did he stop?
A No, [Ma'am].
Q What did he do when you tried to kick him?
A And then that was the time that he started pulling down my pants, [Ma'am].
Q And when he pulled your pants what did you try to do?
A I continuously kicked him, [Ma'am].
Q Did he seize (sic) doing what he was doing when you kicked him?
A No, [Ma'am].
Q What happened after he tried to remove your pants?
A And he removed his pants also, [Ma'am].
xxx xxx xxx
Q When he was trying to take off your pants, what happened after?
A Then, he removed my panty, [Ma'am].
Q How did it make you feel when he was trying to remove your pants and remove your underwear?
A I felt mad, [Ma'am].
Q And because you were mad how did you try to address your anger, with what you want to do?
A Through pushing him and kicking him, [Ma'am].
Q Were you able to successfully push him off or take him away from you?
A No, [Ma'am], because he is strong.
Q When you said he is strong, [W]hat do you mean that he is strong?
A I cannot overpower him, [Ma'am].
Q So, he was able to take off your pants and take off your panty. What happened after he did that?
A He inserted his private part on me, [Ma'am].
Q Where did he insert his private part?
A Inside my private part, [Ma'am]. 6 (Emphases supplied.)
On this point, we maintain the trial court's assessment of AAA's credibility as a witness absent evidence indicating that she harbored improper motive to falsely testify against the accused. 7 Moreover, AAA's testimonies are supported by medical findings that she has healed laceration at the 6 o'clock position. In contrast, AAA's omission of the fact that she was drinking liquor in the staff house before the incidents is a minor inconsistency. AAA is not expected to remember every single detail of an incident with perfect recall. 8 At any rate, this is not an element of the crimes charged. Also, AAA's failure to tell to her supervisor about the deplorable acts is not contrary to human experience. Indeed, people react to similar situations differently, and there is no standard form of human behavioral response when one is confronted with a startling or frightful experience. 9 It is unreasonable to demand a standard rational reaction to an irrational experience such as Rape. 10 Lastly, contrary to Edgar's claim, there is no rule that Rape can be committed only in seclusion. Lust is no respecter of time and place. Rape can be committed even in the unlikeliest of places. 11 Despite overwhelming evidence, Edgar tendered nothing but bare denial, a negative defense, which must fail against AAA's positive identification that he was the perpetrator of the horrid deeds. 12
The crime of Rape through sexual assault is punished with prision mayor. 13 Absent any modifying circumstance, the maximum term of the indeterminate sentence should be the medium period of the prescribed penalty which has a range of 8 years and 1 day to 10 years. The minimum term of the indeterminate sentence must be within the penalty next lower in degree than that prescribed or prision correccional, in any of its periods, which has a range of 6 months and 1 day to 6 years. Here, we deem it proper to modify the penalty considering that both the Court of Appeals (CA) and the Regional Trial Court (RTC) erred in imposing the maximum term of the indeterminate sentence. 14 As to the damages, the CA properly awarded P30,000.00 as civil indemnity, P30,000.00 as moral damages, and P30,000.00 as exemplary damages. 15
As to the crime of Rape through sexual intercourse, the CA and the RTC correctly imposed the penalty of reclusion perpetua16 absent any qualifying circumstance. However, the RTC erred in awarding P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. Consistent with prevailing jurisprudence, the award of damages should be reduced to P75,000.00 each. 17
FOR THESE REASONS, the appeal is DISMISSED. The Court of Appeals' Decision dated May 8, 2018 in CA-G.R. CR-HC No. 09833 is AFFIRMED with MODIFICATIONS.
In Criminal Case No. 16004, Edgar Laurzano y Bal-ot is found GUILTY of Rape through sexual intercourse and is SENTENCED to suffer the penalty of reclusion perpetua. Also, Edgar Laurzano y Bal-ot is ORDERED to PAY AAA P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages, all with legal interest at the rate of six percent (6%) per annum from the finality of this judgment until full payment. 18
In Criminal Case No. 16005, Edgar Laurzano y Bal-ot is found GUILTY of Rape through sexual assault and is SENTENCED to suffer an indeterminate penalty of four (4) years, two (2) months and one (1) day of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. Also, Edgar Laurzano y Bal-ot is ORDERED to PAY AAA P30,000.00 as civil indemnity, P30,000.00 as moral damages, and P30,000.00 as exemplary damages, all with legal interest at the rate of six percent (6%) per annum from the finality of this judgment until full payment.
SO ORDERED." (Perlas-Bernabe, S.A.J., on official leave. Rosario, J., designated additional Member per Special Order No. 2797 dated November 5, 2020.)
By authority of the Court:
TERESITA AQUINO TUAZONDivision Clerk of Court
By:
(SGD.) MA. CONSOLACION GAMINDE-CRUZADADeputy Division Clerk of Court
Footnotes
1.People v. Vañas, G.R. No. 225511, March 20, 2019, citing People v. Jastiva, 726 Phil. 607 (2014).
2. See People v. Adajar, G.R. No. 231306, June 17, 2019, citing People v. Caoili, 815 Phil. 839 (2017).
3. 459 Phil. 283 (2003). See also People v. Bon, 444 Phil. 571 (2003).
4.People v. Nequia, id. at 300.
5.Rollo, pp. 12-13.
6.Id. at 13-15.
7. See People v. Prades, 355 Phil. 150, 162 (1998).
8. See People v. Rios, 389 Phil. 338, 348 (2000).
9.People v. Barcela, 734 Phil. 332, 344 (2014).
10. See People v. Nievera, G.R. No. 242830, August 28, 2019, citing People v. Pareja, 724 Phil. 759, 779 (2014).
11.People v. Pareja, 724 Phil. 759, 777 (2014), citing People v. Sangil, Sr., 342 Phil. 499, 506-507 (1997).
12. See Liwanag v. People, G.R. No. 243776, January 22, 2020, citing People v. Piosang, 710 Phil. 519, 527 (2013).
13. Article 266-B provides that Rape under paragraph 2 of Article 266-A shall be punished by prision mayor.
14. The RTC imposed an indeterminate penalty of imprisonment of "six (6) years of Prision Correctional (sic), as minimum to eight (8) years of Prision Mayor as maximum." On the other hand, the CA imposed the penalty of "four (4) years, two (2) months, and one (1) day of prision correccional, as minimum, to six (6) years and one (1) day for prision mayor, as maximum."
15. See People v. Alfredo, 653 Phil. 435, 453 (2010).
16. Article 266-B provides that Rape under paragraph 1 of Article 266-A shall be punished by reclusion perpetua.
17.People v. Jugueta, 783 Phil. 806 (2016).
18.Nacar v. Gallery Frames, 716 Phil. 267 (2013).