THIRD DIVISION
G.R. No. 212336, July 15, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARSENIO D. MISA III, Accused-Appellant.
D E C I S I O N
VILLARAMA, JR., J.:
Before us is an appeal1 from the September 30, 2013 Decision2 of the Court of Appeals (CA) in CA-G.R. CR HC No. 00781 finding appellant Arsenio D. Misa III guilty beyond reasonable doubt of the crime of simple rape. Appellant was originally found guilty of statutory rape by the Regional Trial Court (RTC), Branch 14, Cebu City in its September 18, 2007 Decision3 in Crim. Case No. CBU-72202.
On January 14, 2005, the City Prosecutor filed the following Information4 for rape in relation to Republic Act (RA) No. 7610 against appellant Arsenio D. Misa III:
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That on or about the 18th day of October 2004 at about 12:00 p.m. more or less, in the City of Talisay, Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said accused, with deliberate intent, and by means of force and intimidation, did then and there have carnal knowledge with one [AAA],5 a minor, 8 years of age, without the consent and against the will of the latter, thus committing other acts of child abuse or other conditions prejudicial to the child's development.The Information was later on amended changing AAA's age to eleven years old.7ChanRoblesVirtualawlibrary
CONTRARY TO LAW.6
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WHEREFORE, in view of the foregoing premises, JUDGMENT is rendered finding accused, ARSENIO D. MISA III, of Rape in relation to Violation of R.A. 7610 as is sentencefd] to a penalty of imprisonment of reclusion perpetua. Accused is also ordered to pay [AAA], private complainant the following amounts:On appeal,23 the CA in its September 30, 2013 Decision affirmed the RTC's findings. The CA noticed that while the prosecution presented AAA's birth certificate as Exhibit 'H' in its formal offer of exhibits, no such document was surrendered by the prosecution to the trial court. In its May 13, 2013 Resolution, the CA required the Clerk of Court of the RTC to submit Exhibit 'H'. In her June 7, 2013 affidavit, the Court Interpreter alluded that the said exhibit was never attached to the prosecution's formal offer.24 It however stated that while it agreed with the RTC that appellant had carnal knowledge of AAA, he could only be found guilty of simple rape because AAA's minority was not proven in evidence in accord with this Court's ruling in People v. Lupac25 reiterating People v. Pruna.26 The CA thus held:
1) P50,000.00, for and as moral damages;
2) P25,000.00, for and as exemplary damages.
SO ORDERED.22
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IN LIGHT OF ALL THE FOREGOING, the Court hereby AFFIRMS and [MODIFIES] the assailed Judgment dated September 18, 2007, of the Regional Trial Court, Branch 14, Cebu City in Criminal Case [No.] CBU-72202. Accused-Appellant ARSENIO D. MISA, III is found GUILTY of the crime of simple rape and is sentenced to suffer the penalty of Reclusion Perpetua. Accused-Appellant is ordered to pay AAA the amount of Fifty Thousand Pesos (Php 50,000.00) as civil indemnity; Fifty Thousand Pesos (Php 50,000.00) as moral damages; and Thirty Thousand Pesos (Php 30,000.00) as exemplary damages, plus legal interest on all damages awarded at the rate of six percent (6%) from the date of the finality of this decision until fully paid.Hence, this appeal.28ChanRoblesVirtualawlibrary
SO ORDERED.27
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ART. 266-A. Rape, When and How Committed. - Rape is committed -After careful review of the records, appellant does not present any compelling reason for this Court to overturn the decision of the courts a quo.
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
chanRoblesvirtualLawlibrarya. Through force, threat or intimidation;ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
b. When the offended party is deprived of reason or is otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; and
d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
x x x x
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x x x x
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1. The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party.
2. In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age.
3. If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable, the testimony, if clear and credible, of the victim's mother or a member of the family either by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the following circumstances:
chanRoblesvirtualLawlibrarya. If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old;4. In the absence of a certificate of live birth, authentic document, or the testimony of the victim's mother or relatives concerning the victim's age, the complainant's testimony will suffice provided that it is expressly and clearly admitted by the accused.
b. If the victim is alleged to be below 7 years of age and what is sought to be proved is that she is less than 12 years old;
c. If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years old.
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5. It is the prosecution that has the burden of proving the age of the offended party. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against him.
6. The trial court should always make a categorical finding as to the age of the victim.37 (Citations omitted)
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Absent AAA's certificate of live birth and other means by which her age as alleged in the Information could have been ascertained beyond doubt, this Court is constrained to agree with the CA and deem the crime committed as simple rape.
WHEREFORE, the appeal is DISMISSED for lack of merit. The September 30, 2013 Decision of the Court of Appeals in CA-G.R. CR HC No. 00781 is AFFIRMED.
With costs against the accused-appellant.
SO ORDERED.cralawlawlibrary
Velasco, Jr., (Chairperson), Leonardo-De Castro,*Peralta, and Perez,**JJ., concur.
Endnotes:
* Designated Acting Member in lieu of Associate Justice Francis H. Jardeleza, per Special Order No. 2095 dated July 1, 2015.
** Designated Acting Member in lieu of Associate Justice Bienvenido L. Reyes, per Special Order No. 2084 dated June 29, 2015.
1 CA rollo, pp. 120-121.
2Rollo, pp. 4-26. Penned by Associate Justice Pamela Ann Abella Maxino with Associate Justices Edgardo L. Delos Santos and Maria Elisa Sempio Diy concurring.
3 CA rollo, pp. 17-21. Penned by Presiding Judge Raphael B. Yrastorza, Sr.
4 Records, pp. 1-2.
5 To protect the privacy of the victim and the immediate members of her family, their real names are withheld and fictitious initials are used instead to represent them, pursuant to Section 44 of R.A. 9262 or the Anti-Violence Against Women and Their Children Act of 2004, People v. Cabalquinto, 533 Phil. 703 (2006) and Section 40, A.M. No. 04-10-11-SC.
6 Records, p. 1.
7 Id. at 22 The Amended Information reads:
chanRoblesvirtualLawlibraryThat on or about the 18th day of October 2004 at about 12:00 p.m. more or less, in the City of Talisay, Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said accused, with deliberate intent, and by means of force and intimidation, did then and there have carnal knowledge with one [AAA], a minor, 11 years of age, without the consent and against the will of the latter, thus committing other acts of child abuse or other conditions prejudicial to the child's development.8 Id. at 26.
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9Supra note 5.
10 Id.
11Rollo, p. 6; TSN, February 28, 2006, pp. 4-7.
12 Colloquial term for a bicycle fitted with a side-car for passengers usually used as a means of public transportation.
13Rollo, pp. 6-7; TSN, February 28, 2006, pp. 7-8.
14 Id. at 7; id. at 8-9.
15 Id. at 7-8; id. at 9-11.
16 Records, p. 16. The Medical Certificate reads:
chanRoblesvirtualLawlibrary17 Id.
GENERAL PHYSICAL FINDINGSGeneral Survey awake, ambulatory Mental Status conscious, coherent Pertinent Findings/Physical Injuries hematoma upper lip reddish discoloration surrounding both nipple, 10 cm abrasion anterior chest ANO-GENITAL EXAMINATION External Genitalia Tanner I, edematous vulva Urethra and Penurethral Areal Edematous Perihymenal Area and Fossa navicularis abrasion 3-4, 5-6 oclock position at perihymenal area, inner labia minora and labia majora Hymen Tanner I, annular hymen hymenal avulsion at 4-5 oclock position, (+) soli particles surrounding the hymen Perineum normal Discharge minimal bleeding Internal and Speculum Exams not done Anal Examination normal DIAGNOSTIC AND EVIDENCE GATHERING Forensic Evidence and Laboratory Results pictures taken sperm ID = positive for spermatozoa IMPRESSIONS MEDICAL EVALUATION DEFINITE FOR SEXUAL ABUSE.
18 TSN, April 18, 2006, p. 9.
19 Id. at 12.
20 TSN, May 23, 2006, pp. 5-7.
21Rollo, p. 9; TSN, October 3, 2006, pp. 2-4.
22 CA rollo, pp. 20-21.
23 Id. at 22.
24Rollo, p. 16.
25 G.R. No. 182230, September 19, 2012, 681 SCRA 390.
26 439 Phil. 440 (2002).
27Rollo, pp. 25-26.
28Supra note 1.
29Rollo, p. 37.
30 Id. at 38-39 and 42-44.
31People of the Philippines v. Enrique Quintos y Badilla, G.R. No. 199402, November 12, 2014, p. 1.
32People v. Pareja, G.R. No. 202122, January 15, 2014, 714 SCRA 131, 147.
33 See People v. Mahinay, 462 Phil. 53, 69 (2003).
34People v. Navales, 392 Phil. 213, 227 (2000).
35People v. Flores, 653 Phil. 313, 321 (2010).
36Supra note 26.
37 Id. at 470-471.cralawred