FIRST DIVISION
G.R. No. 223099, January 11, 2018
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LINO ALEJANDRO Y PIMENTEL, Accused-Appellant.
D E C I S I O N
TIJAM, J.:
This is an appeal from the Decision1 dated February 17, 2015 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 05256, which affirmed the July 26, 2011 Joint Decision2 rendered by the Regional Trial Court (RTC) of Cauayan City, Isabela, Branch 20 in Criminal Case Nos. Br. 20-6096 & 20-6097, finding accused-appellant Lino Alejandro y Pimentel guilty beyond reasonable doubt of two counts of rape.
Accused-appellant was charged with two counts of rape, defined and penalized under Article 266-A, paragraph 1(a) of the Revised Penal Code, in relation to Republic Act No. 83693, of a 12-year old minor, AAA.4 Upon arraignment, accused-appellant entered a plea of not guilty and trial ensued.
During trial, AAA testified that accused-appellant followed her, grabbed her, and brought her to the back of a school. There, accused-appellant removed AAA's shorts and t-shirt, laid on top of her, and inserted his penis into her vagina.5
Two months later, accused-appellant went inside AAA's house through a window one night, undressed himself and AAA, and inserted his penis inside her vagina. On both occasions, accused-appellant threatened to kill AAA if she told anybody what had happened.6
AAA eventually told her mother, BBB, about the incident. BBB brought her to the Municipal Health Office where she was examined by Dr. CCC. Dr. CCC testified that she found, among others, deep, healed, old and superficial lacerations in the hymen of AAA and concluded that these indicated positive sexual intercourse.7
Accused-appellant, through his counsel, manifested in open court that he would no longer present any evidence for the defense and submitted the case for decision.8
On July 26, 2011, the RTC promulgated a Decision acquitting the accused-appellant. On the same day, however, the RTC recalled. the said decision and issued an Order, stating:
Upon manifestation of Assistant Provincial Prosecutor Roderick Cruz that there were Orders that were inadvertently placed in the record of Criminal Case No. Br. 20-4979 involving the same accused but different private complainant-victim, XXX, which if considered will result in a different verdict. The Order dated September 24, 2007, showed that private complainant-victim, AAA, in the above[-]quoted cases, Crim. Case No. Br-20-6096 & 6097, has actually testified in Court.
WHEREFORE, to rectify the error committed and in order to prevent the miscarriage of justice, the Decision promulgated today acquitting the accused is hereby RECALLED and SET ASIDE.
SO ORDERED.9
Admittedly, the Court erroneously declared in its Decision that private complainant AAA did not testify in Court. When in truth and in fact said private complainant took the witness stand on September 3, 2008 as evidenced by the Order dated September 3, 2008 which was mistakenly captioned as Crim. Case No. 4979 instead of Crim. Cases Nos. Br. 20-6096 & 6097 and as a result thereof, the Order dated September 3, 2008 was erroneously attached by the Court employee to the records of another criminal case entitled People of the Philippines versus Lino Alejandro, wherein the private complainant is a certain xxx.
Section 14, Article 8 of the 1997 Constitution requires that the Decision should be based on facts and the law. The Court believes and so holds that the Decision contravenes the highest law of the land because it is not in accordance with the law and the facts, and therefore, the judgment of acquittal is invalid. As dispenser of truth and justice, the Court should be candid enough to admit its error and rectify itself with dispatch to avoid grave miscarriage of justice.12
WHEREFORE, finding the accused LINO ALEJANDRO y PIMENTEL guilty beyond reasonable doubt of two (2) counts of Simple Rape as defined and penalized under Article 266-A paragraph (D) of the Revised Penal Code, as amended by Republic Act 8353, he is hereby sentenced to suffer, in each count, the penalty of reclusion perpetua and to indemnify the victim, minor AAA in the amount of FIFTY THOUSAND PESOS (P50,000.00) and FIFTY THOUSAND PESOS (P50,000.00) as moral damages for each count.
Costs to be paid by the accused.
SO ORDERED.14
The initial decision of the RTC acquitting the accused failed to express clearly and distinctly the facts of the case, as the records on which the acquittal was based was incomplete and inaccurate. Judges are expected to make complete findings of facts in their decisions, and scrutinize closely the legal aspects of the case in the light of the evidence presented. Obviously, with the unintentional exclusion of the testimony of the private complainant from the records of the two criminal cases, the RTC could not have made complete findings of facts in the initial decision. The verdict of acquittal had no factual basis. It was null and void, and should have necessarily been recalled and set aside.17
WHEREFORE, premises considered, the appeal is hereby DISMISSED and the July 26, 2011 Joint Decision of the Regional Trial Court of Cauayan City, Isabela, Branch 20, in Criminal Case Nos. Br. 20-6096 and 20-6097, finding Lino Alejandro y Pimentel guilty beyond reasonable doubt of two (2) counts of rape is AFFIRMED WITH MODIFICATION, in that Alejandro is ordered to pay legal interest on the moral damages awarded to the victim at the rate of six percent (6%) per annum from the date of finality of this decision until fully paid.
SO ORDERED.18
Section 7, Rule 117 of the 1985 and 2000 Rules on Criminal Procedure strictly adhere to the constitutional proscription against double jeopardy and provide for the requisites in order for double jeopardy to attach. For double jeopardy to attach, the following elements must concur: (1) a valid information sufficient in form and substance to sustain a conviction of the crime charged; (2) a court of competent jurisdiction; (3) the accused has been arraigned and had pleaded; and (4) the accused was convicted or acquitted or the case was dismissed without his express consent.21
x x x The only instance when double jeopardy will not attach is when the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction, such as where the prosecution was denied the opportunity to present its case or where the trial was a sham. However, while certiorari may be availed of to correct an erroneous acquittal, the petitioner in such an extraordinary proceeding must clearly demonstrate that the trial court blatantly abused its authority to a point so grave as to deprive it of its very power to dispense justice.26
As stated earlier, complainant was accused of murder in Crim. Case No. 2999-V of the RTC of Vigan, Ilocos Sur. On 13 August 1993 judgment was promulgated acquitting him on the ground that there was no witness who positively identified him as the perpetrator of the crime. However after respondent's attention was called by the private complainant's counsel to the fact that there was such a witness and confirmed by respondent upon re-reading her notes, she issued an Order dated 16 August 1993 stating her intention to "revise" the previous judgment of acquittal, branded the same as "uncalled for" and "not final," and reset the case for another "rendering of the decision." The reason given was that the judgment of acquittal was rendered without all the facts and circumstances being brought to her attention.
Respondent Judge explained. that the transcript of stenographic notes of the testimony of eyewitness Tito Retreta was not attached to the records when she wrote her decision. Thus, in a Decision dated 19 August 1993, respondent Judge declared herein complainant Miguel Argel guilty beyond reasonable doubt of murder on the basis of the eyewitness account of Tito Retreta, sentenced complainant Argel to seventeen (17) years, four (4) months and one (1) day of reclusion temporal to reclusion perpetua, and to pay the heirs of the victim P50,000.00 as civil indemnity and P60,000.00 for actual damages.
Too elementary is the rule that a decision once final is no longer susceptible to amendment or alteration except to correct errors which are clerical in nature, to clarify any ambiguity caused by an omission or mistake in the dispositive portion or to rectify a travesty of justice brought about by a moro-moro or mock trial. A final decision is the law of the case and is immutable and unalterable regardless of any claim of error or incorrectness.
In criminal cases, a judgment of acquittal is immediately final upon its promulgation. It cannot be recalled for correction or amendment except in the cases already mentioned nor withdrawn by another order reconsidering the dismissal of the case since the inherent power of a court to modify its order or decision does not extend to a judgment of acquittal in a criminal case.
Complainant herein was already acquitted of murder by respondent in a decision promulgated on 13 August 1993. Applying the aforestated rule, the decision became final and immutable on the same day. As a member of the bench who is always admonished to be conversant with the latest legal and judicial developments, more so of elementary rules, respondent should have known that she could no longer "revise" her decision of acquittal without violating not only an elementary rule of procedure but also the constitutional proscription against double jeopardy. When the law is so elementary, not to know it constitutes gross ignorance of the law. (Emphasis Ours)28
Endnotes:
* Designated as additional Member as per Raffle dated June 28, 2017.
1 Penned by Associate Justice Ramon A. Cruz, and concurred in by Associate Justices Remedios A. Salazar-Fernando and Eduardo B. Peralta, Jr., rollo, pp. 2-12.
2 Penned by Judge Reymundo L. Aumentado, CA rollo, pp. 16-23.
3 Otherwise known as the "Family Courts Act of 1997".
4 Pursuant to People v. Cabalquinto, 533 Phil. 703 (2006), the real name and 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.
5 Id.
6 Id. at 3-4.
7 Id. at 4.
8 Id.
9 Original Records, p. 40.
10 CA rollo, p. 79-80.
11 Id. at 82.
12 Id.
13 Id. at 83-90.
14 Id. at 90.
15 Id. at 64.
16 Id. at 113-114.
17 Id. at 130.
18 Id. at 134.
19Rollo, pp. 35-36.
20People v. Hon. Asis, et al., 643 Phil. 462, 469 (2010).
21Chiok v. People, et al., 774 Phil. 230, 247-248 (2015).
22Villareal v. Aliga, 724 Phil. 47, 62 (2014).
23 Id. at 64.
24 Id. at 60.
25 547 Phil. 296 (2007).
26 Id. at 315.
27 415 Phil. 608 (2001).
28 Id. at 611-612.