SECOND DIVISION
[G.R. No. 228875. April 3, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.XYZ, 1accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 April 2019which reads as follows:
"G.R. No. 228875 — PEOPLE OF THE PHILIPPINES, plaintiff-appellee, versus XYZ, accused-appellant.
After a careful review of the records of the case and the issues submitted by the parties, the Court finds no error committed in the Decision 2 dated June 6, 2016 rendered by the Court of Appeals (CA) in CA-G.R. CR-HC No. 07062. The facts, as borne out by the records, sufficiently support the conclusion that accused-appellant XYZ (accused-appellant) is indeed guilty of the crime of Simple Rape under Article 266-A of the Revised Penal Code. The issues and matters raised before the Court, the same ones as those raised in the CA, there being no supplemental briefs filed, were sufficiently addressed and correctly ruled upon by the CA.
The Court agrees with the finding of both the RTC 3 and the CA that all the elements of the crime of Simple Rape have been established beyond reasonable doubt by the prosecution. In her testimony, the victim AAA 4 (victim) positively identified accused-appellant as the man who whipped her back with a stick, let her bend over, removed her clothing and inserted his penis into her vagina while she was in the bended position. 5
Moreover, the issue on the need to prove actual force or intimidation is a superfluity because it has been duly established that accused-appellant is the uncle of the victim. 6 The Court has consistently held that "even absent any actual force or intimidation, rape may be committed if the malefactor has moral ascendancy over the victim. x x x [I]n rape committed by a close kin, such as the victim's father, stepfather, uncle, or the common-law spouse of her mother, moral influence or ascendancy substitutes for violence or intimidation." 7
To exculpate himself from liability accused-appellant questions the credibility of the victim. However, it is a recognized rule in this jurisdiction "that the assessment of the credibility of witnesses is best left to the trial court judge because of his unique opportunity to observe their deportment and demeanor on the witness stand, a vantage point denied [to] appellate courts. And when the trial court judge's findings have been affirmed by the [CA], [as in this case], these are generally binding and conclusive upon this Court." 8
In this case, the trial court found the testimony of the victim credible and straightforward; that despite her difficulty in verbally expressing herself, her clear testimony was sufficient to convict accused-appellant. The CA confirmed the victim's credibility stressing that the trial court's assessment of the evidence is in order. Accused-appellant, on the other hand, failed to point to any significant fact or circumstance which would justify the reversal of the foregoing findings on the victim's credibility.
However, the Court further modifies the award of damages and civil indemnity, pursuant to prevailing jurisprudence. 9 The award of civil indemnity, moral damages and exemplary damages should be increased to P75,000.00 each.
WHEREFORE, premises considered, the appeal is DISMISSED for lack of merit. The Court hereby ADOPTS the findings of fact and conclusions of law in the Decision dated June 6, 2016 of the Court of Appeals in CA-G.R. CR-HC No. 07062. The Decision finding accused-appellant XYZ guilty beyond reasonable doubt of the crime of Rape under Article 266-A, paragraph 1 (a) of the Revised Penal Code, as amended, is AFFIRMED with MODIFICATION. He is ordered to pay the victim SEVENTY-FIVE THOUSAND PESOS (P75,000.00) as civil indemnity, SEVENTY-FIVE THOUSAND PESOS (P75,000.00) as moral damages, and SEVENTY-FIVE THOUSAND PESOS (P75,000.00) as exemplary damages. All monetary awards shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid.
SO ORDERED. (REYES, J., JR., J., on wellness leave)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. The identity of the victims or any information which could establish or compromise their identities, as well as those of their immediate family or household members, shall be withheld pursuant to Republic Act No. (RA) 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "Rule on Violence against Women and Their Children" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES," dated September 5, 2017; and People v. XXX and YYY, G.R. No. 235652, July 9, 2018.)
2.Rollo, pp. 2-9. Penned by Associate Justice Manuel M. Barrios, with Associate Justices Ramon M. Bato, Jr. and Maria Elisa Sempio Diy concurring.
3. See Decision dated September 15, 2014 of the Regional Trial Court of Lagawe, Ifugao, Branch 14 in Crim. Case No. 1984, penned by Presiding Judge Romeo U. Habbiling; CA rollo, pp. 36-43.
4. See note 1.
5. CA rollo, p. 38.
6. See rollo, p. 6; id. at 39.
7.People v. Fuentes, Jr., 789 Phil. 133, 141 (2016), citing People v. Ofemiano, 625 Phil. 92, 99 (2010), further citing People v. Corpuz, 597 Phil. 459, 467 (2009).
8.People v. Sonido, 787 Phil. 403, 411 (2016), citing People v. Manalili, 716 Phil. 762, 772-773 (2013).
9.People v. Jugueta, 783 Phil. 806 (2016).