THIRD DIVISION
[G.R. No. 193386. February 5, 2014.]
PEOPLE OF THE PHILIPPINES, petitioner, vs. JOHN FRANCIS POLO Y GUMAPANG, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 5, 2014, which reads as follows:
"G.R. No. 193386 (People of the Philippines v. John Francis Polo y Gumapang). — The Assistant City Prosecutor of Quezon City charged the accused John Francis Polo y Gumapang with rape under Republic Act 8353 before the Regional Trial Court (RTC) of that city in Criminal Case Q-05-134592. 1
Complainant RL, 2 14 years old when the incident took place, testified that around 7:00 p.m. on May 22, 2005 she went to her friend's house in Bagong Sikat, Quezon City, to pick up a dress. On reaching the place RL saw several people on a drinking binge in the house, including accused Polo who was her friend's brother-in-law. RL waited outside for her friend although she went in twice to use the toilet. The first time she did, she noticed Polo staring at her. He was waiting outside when she stepped out of the toilet. CcaASE
The second time RL went in to use the toilet, Polo followed her into the comfort room and closed the door behind him. He grasped her hands using one hand and undressed her with the other. He forced her to lie down then sexually ravaged her. RL shouted for help but nobody came to her rescue. After satisfying his lust, Polo washed himself, dressed up, and left. When RL came out, Polo's drinking companions laughed at her.
RL hurriedly left and went to her grandmother's house. When asked about what happened to her, RL initially refused to answer but upon prodding, she eventually told her. The latter accompanied RL to the barangay hall to seek help. Some barangay officials went to Polo's house and found him still drinking with others. They brought him to the barangay hall and later turned him over to the Talipapa Police Station. The next day, RL submitted herself to medical examination. The medical report revealed hymenal lacerations and probable sexual abuse.
Polo denied the rape charge and gave another story. He said that at about 12:30 p.m. on May 22, 2005 he was at his house drinking with friends to celebrate a birthday. Later, he was introduced to RL who sat beside him and placed a kiss mark on his right chest. This aroused him and she agreed to have sexual intercourse with him inside the comfort room. After finishing, they rejoined the drinking session where RL stayed for 30 minutes more before leaving. At around 7:30 p.m. some barangay officials came and arrested him on RL's complaint that he had raped her. Polo contended that the girl charged him with rape only at the behest of her grandmother who was furious at what took place between RL and him.
On October 26, 2007 the RTC found Polo guilty of the charge, sentenced him to suffer the penalty of reclusion perpetua, and ordered him to pay RL P50,000.00 as civil indemnity and P50,000.00 as moral damages. On June 25, 2010 the Court of Appeals (CA) affirmed in CA-G.R. CR-HC 03136 the RTC Decision, hence, this appeal. CHaDIT
Accused Polo insists that his version of what happened is more credible than that which RL gave. But the trial court's assessment of their opposing versions cannot be ignored since it enjoyed the benefit of directly hearing the testimonies of the witnesses and sensing the nuances of speech that are denied the appellate courts. Besides, looking at the record, RL's testimony appears straightforward, consistent with human experience, and occurring in the normal course of things. 3 No evidence has been adduced to show that malice prompted RL to fabricate her story. On the other hand, Polo's claim that RL, only 14 years of age, seduced him during a drinking spree, is hard to believe. There is no evidence that she was a girl of such loose morals.
Lastly, Polo claims that he could not have raped RL given the small space in the comfort room. But the smallness of the room can hardly hinder a determined rapist. Such offense has been committed in the most unlikely places because lust is no respecter of time or place. 4
WHEREFORE, the Court AFFIRMSin toto the Decision of the Court of Appeals in CA-G.R. CR-HC 03136 dated June 25, 2010 that found John Francis Polo y Gumapang GUILTY beyond reasonable doubt of the crime of rape and sentenced him to suffer the penalty of reclusion perpetua and ordered him to pay complainant victim P50,000.00 as civil indemnity and another P50,000.00 as moral damages. (Mendoza, J., no part; Reyes, J., Additional Member, per Raffle dated February 3, 2014.) CSTDIE
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. Also referred to as John Francis Polo y Gumapag in some parts of the records.
2. The Anti-Rape Law of 1997.
3. The real name of the victim is withheld pursuant to Republic Act 7610 and Republic Act 9262.
3. People v. Dela Cruz, G.R. No. 183091, June 19, 2013.
4. People v. Ylanan, 436 Phil. 407, 420 (2002).