FIRST DIVISION
[G.R. No. 248874. May 14, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ALVIN QUINANOLA y ALALIN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated May 14, 2021 which reads as follows:
"G.R. No. 248874 (People of the Philippinesv. Alvin Quinanola y Alalin).
This is an appeal from the March 14, 2019 Decision 1 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 08544. After carefully reviewing the allegations, issues, and arguments raised in the instant appeal, the Court hereby resolves to DISMISS the same for failing to show any reversible error on the part of the CA in finding Alvin Quinanola y Alalin (accused-appellant) guilty of simple Rape.
Accused-appellant alleges that AAA's 2 (victim) testimony is not credible as it is inconsistent with her narration of the incident, which she wrote down on the Sexual Crime Protocol Sheet, and is contrary to the medico-legal findings offered as evidence.
The supposed discrepancies pointed out by accused-appellant on how he allegedly kissed the victim and touched her with his hands are minor details or collateral matters which do not affect the credibility of the witness and the substance of her declarations. It would be unfair to expect a flawless recollection from one who is forced to [relive] the gruesome details of a painful and humiliating experience such as rape. More so, the minor inconsistencies signified that the witness was neither coached nor lying on the witness stand. 3 Indeed, what was consistent was the account that accused-appellant succeeded in having carnal knowledge of the victim.
As for the medico-legal findings, the same are merely corroborative and are not indispensable to the prosecution of rape. 4 In any case, the finding that the hymenal lacerations were healed at the time of the medical examination made on the day of the incident is not inconsistent with the victim's testimony that she had also been sexually assaulted by the accused-appellant on four earlier occasions.
The CA correctly held that the negative and self-serving nature of appellant's defense of alibi meant that it did not attain more credibility than the positive testimonies of the prosecution witnesses, especially that of the victim herself. Positive identification prevails over alibi since the latter can easily be fabricated and is inherently unreliable. 5 More, the CA duly observed that accused-appellant admitted to having been at the locus criminis on the date in question.
Besides, the issues raised call for a review of the credibility of the witnesses. The assessment of the credibility of witnesses is a domain best left to the trial court because of its unique opportunity to observe their deportment and demeanor on the witness stand; and when its findings have been affirmed by the CA, these are generally binding and conclusive upon this Court. 6
WHEREFORE, the appeal is hereby DISMISSED. The Decision of the Court of Appeals in CA-G.R. CR-HC No. 08544, promulgated on March 14, 2019, is hereby AFFIRMED. The Court hereby finds accused-appellant Alvin Quinanola y Alalin GUILTY beyond reasonable doubt of the crime of Rape as defined and penalized under Article 266-A par. 1 (a) in relation to Art. 266-B of the Revised Penal Code, as amended, and is hereby SENTENCED to suffer the penalty of reclusion perpetua and ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.
All monetary awards shall earn interest at the legal rate of six percent (6%) per annum from the finality of this Resolution until fully paid.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
by:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-22; penned by Associate Justice Maria Filomena D. Singh with Associate Justices Japar B. Dimaampao and Manuel M. Barrios, concurring.
2. The true name of the victim has been replaced with fictitious initials in conformity with Amended Administrative Circular No. 83-2015 dated September 5, 2017 (Subject: Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders Using Fictitious Names/Personal Circumstances). The confidentiality of the identity of the victim is mandated by Republic Act (R.A.) No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act); R.A. No. 8505 (Rape Victim Assistance and Protection Act of 1998); R.A. No. 9208 (Anti-Trafficking in Persons Act of 2003); R.A. No. 9262 (Anti-Violence Against Women and Their Children Act of 2004); and R.A. No. 9344 (Juvenile Justice and Welfare Act of 2006).
3.People v. Mendoza, G.R. No. 239892, June 10, 2020.
4. See People v. Fetalco, G.R. No. 241249, July 28, 2020.
5.People v. XYZ, G.R. No. 244255, August 26, 2020.
6. See People v. DDD, G.R. No. 243583, September 3, 2020.