People v. Taguba y Talaue

FIRST DIVISION

[G.R. No. 227023. July 2, 2018.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.GEORGE TAGUBA y TALAUE, accused-appellant.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedJuly 2, 2018which reads as follows:

"G.R. No. 227023 — People of the Philippines, plaintiff-appellee, v. George Taguba y Talaue, accused-appellant.

A thorough review of the records of the case reveals the appeal to be devoid of merit. The Court of Appeals (CA) correctly affirmed the ruling of the Regional Trial Court (RTC) of Quezon City, Branch 106, finding George Taguba y Talaue (appellant) guilty beyond reasonable doubt of the crime of rape. The prosecution satisfactorily established the elements of the crime, to wit: (1) that the accused had carnal knowledge of a woman; and (2) the carnal knowledge was committed through force or intimidation. All these elements were established through clear, straightforward and unequivocal testimony of the victim, AAA, 1 which both the RTC and the CA assessed to be credible. We find no cogent reason to overturn these uniform findings. Settled is the rule that "the Court will not disturb the findings of the trial court on the credibility of witnesses, as it was in a better position to observe their candor and behavior on the witness stand." 2

Moreover, both the trial court and the CA correctly rejected appellant's defense of denial and alibi. Despite his assertion of denial and alibi, his guilt would not be reversed in the face of victim's clear and straightforward testimony and her positive identification of appellant as the perpetrator of the crime. HTcADC

In fine, the Court sustains appellant's conviction for the crime of rape under Article 266-A of the Revised Penal Code and the imposition of the penalty of reclusion perpetua.

However, in line with recent jurisprudence 3 the awards of P50,000.00 as civil indemnity, P50,000.00 as moral damages and P30,000.00 as exemplary damages are each modified to P75,000.00. 4 The victim is likewise entitled to interest on all the amounts of damages awarded at the legal rate of 6% per annum from the date of finality of this Resolution until fully paid. 5

WHEREFORE, the appeal is DISMISSED. We ADOPT the factual findings of the trial court as affirmed by the Court of Appeals. The assailed November 9, 2015 Decision of the Court of Appeals in CA-G.R. CR HC No. 06035 finding appellant George Taguba y Talaue GUILTY beyond reasonable doubt of the crime of rape under Article 266-A of the Revised Penal Code and sentencing him to suffer the penalty of reclusion perpetua is AFFIRMED with MODIFICATION that the amounts awarded as civil indemnity, moral and exemplary damages are respectively increased to P75,000.00 pursuant to prevailing jurisprudence. Appellant is likewise ordered to pay legal interest on all damages awarded at the rate of 6% per annum from the date of finality of this Resolution until fully paid. CAIHTE

SO ORDERED." Leonardo De Castro, J., on official leave; Del Castillo, J., designated as Acting Chairperson per Special Order No. 2562 dated June 20, 2018; Peralta, J., designated as additional member per November 29, 2017 raffle vice Jardeleza, J., who recused due to prior action as Solicitor General; Caguioa, J., designated as additional member per November 29, 2017 raffle vice Tijam, J., who recused due to prior participation in the Court of Appeals; Gesmundo, J., designated as acting member per Special Order No. 2560 dated May 11, 2018.

Very truly yours,

(SGD.) LIBRADA C. BUENAActing Division Clerk of Court

 

Footnotes

1. "The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation, and for Other Purposes; Republic Act No. 9262, An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes; and Section 40 of A.M. No. 04-10-11-SC, known as the Rule on Violence against Women and Their Children, effective November 15, 2004." People v. Dumadag, 667 Phil. 664, 669 (2011).

2.People v. Rayon, Sr., 702 Phil. 672, 679 (2013).

3.People v. Jugueta, 783 Phil. 806 (2016).

4.Id. 848.

5.Id. at 854.