THIRD DIVISION
[G.R. No. 203046. November 20, 2013.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NOLI GAZO RAMOS, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated November 20, 2013, which reads as follows:
"G.R. No. 203046 (People of the Philippines v. Noli Gazo Ramos). — Sometime in April 2008 15-year-old BJC 1 joined Edward Sison and Angelo Contreras in practicing a dance number at the baseball court of the Balubad Settlement, Nangka, Marikina City. After Sison left, accused-appellant Noli Gazo Ramos approached Contreras and poked a knife at his stomach. While Contreras tried to wrestle the knife from Ramos, he called out to BJC to leave and run. Contreras succeeded in getting the knife from Ramos but he dropped it on the ground and fled.
BJC tried to run away but Ramos caught her shirt and dragged her in the direction of the river. Upon reaching a grassy area, he forcibly pulled down BJC's shorts while poking the knife at her. He forced her down on the grass, kissed her, mashed her breast, and ravished her.
Meanwhile, Contreras, Sison, and several others, seeking to help BJC, heard her cries and responding they found Ramos on top of her. They rescued her. On learning of it, her father, CJC, brought his daughter to the Women and Children Protection Desk of the police where BJC gave a written statement. Subsequently, they brought her to the Philippine National Police (PNP) Crime Laboratory for medico-legal examination. 2 HSDCTA
The City Prosecutor of Marikina charged Ramos of rape, defined and penalized under Article 266-A, paragraph 1, in relation to Article 266-B, 2nd paragraph, and Sec. 5 (b) of Republic Act (R.A.) 7610 and in further relation to Sec. 5 (j) of R.A. 8369 before the Regional Trial Court (RTC) of Marikina City in Criminal Case 2008-10184-MK.
In his defense, Ramos claimed that on the day in question he went to his nipa hut near the river in Marikina. There, he saw BJC having sexual intercourse with Contreras. When he castigated them for what they were doing, Contreras stood up and engaged him in a fistfight. After subduing Contreras, the latter fled, leaving BJC behind. Ramos accompanied her in going out of the place. He denied that he raped her.
The RTC found Ramos guilty of the crime charged, sentenced him to suffer the penalty of reclusion perpetua, and ordered him to pay BJC P50,000.00 as civil indemnity and P50,000.00 as moral damages.
On appeal in CA-G.R. CR-H.C. 04400, the Court of Appeals (CA) rendered judgment on February 21, 2012 affirming in toto the decision of the RTC. The CA held that BJC positively identified Ramos and her testimony was positive, straightforward, and categorical, leaving no room for doubt that he indeed raped her.
In this petition, Ramos argues that the CA and the RTC erred in giving full weight and credit to BJC's testimony even when the same is incredible and replete with inconsistencies. He also argues that her failure to run when Contreras urged her to do so is inconsistent with human behavior and common experience. HTSIEa
But the Court must give full weight to the trial court's factual findings, affirmed by the CA, with respect to the credibility of the witnesses in this case. Such findings are entitled to great respect. 3 At any rate, the inconsistencies Ramos points out refer only to collateral or trivial matters and do not diminish BJC's credibility. And it is rare that the Court would not believe the testimony of a girl who had been raped unless it is clearly shown that she was ill-motivated in making her accusations. 4
BJC's reluctance to flee and run despite Contreras' command cannot affect her credibility. She may have been immobilized by fear, seeing a knife-wielding Ramos in struggle with Contreras, or made reluctant in abandoning the latter when he was in trouble. Behavioral psychology teaches us that people react to similar situations dissimilarly. There is no standard form of behavior when one is confronted by a startling event. 5
Based on prevailing jurisprudence, the award of P30,000.00 as exemplary damages is also called for to deter those who have aberrant sexual tendencies. 6
WHEREFORE, the Court AFFIRMS the Decision of the Court of Appeals in CA-G.R. CR-H.C. 04400 dated February 21, 2012 with MODIFICATION in that the accused-appellant Noli Gazo Ramos is further ordered to pay the victim, above what the Court of Appeals awarded her, P30,000.00 as exemplary damages. ATcEDS
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1.Consistent with the ruling of this Court in People v. Cabalquinto, (533 Phil. 703 [2006], citing Rule on Violence Against Women and their Children, Sec. 40; Rules and Regulations Implementing Republic Act 9262, Rule XI, Sec. 63, otherwise known as the "Anti-Violence Against Women and their Children Act.") the real name and the personal circumstances of the victim, and any other information tending to establish or compromise her identity, including those of her immediate family or household members, are not disclosed in this resolution.
2.TSN, September 1, 2008, pp. 5-34.
3.People v. Sabadlab, G.R. No. 186392, January 18, 2012, 663 SCRA 426, 440-441, citing People v. Mayingque, G.R. No. 179709, July 6, 2010, 624 SCRA 123, 140.
4.See: People v. Delos Santos, Jr., G.R. No. 186499, March 21, 2012, 668 SCRA 784, 799-800, citing People v. Corpuz, 517 Phil. 622, 636-637 (2006).
5.People v. Mariano, G.R. No. 168693, June 19, 2009, 590 SCRA 74, 90.
6.People v. Araojo, G.R. No. 185203, September 17, 2009, 600 SCRA 295, 309.