SECOND DIVISION
G.R. No. 221436, June 26, 2019
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. ERIC DUMDUM, ACCUSED-APPELLANT.
D E C I S I O N
LAZARO-JAVIER, J.:
"That on the 17th day of November,(sic) 1997, at about 9:00 o'clock in the evening, at XXXX, XXXXX, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and by means of force and intimidation, did then and there willfully, unlawfully and feloniously lie and succeed in having carnal knowledge with AAA,* 14 years of age, against her will and consent.The case was raffled to the Regional Trial Court (RTC), Branch 29, Toledo City, Cebu.
CONTRARY TO LAW."3
WHEREFORE, in light of the foregoing, judgment is hereby rendered finding accused ERIC DUMDUM "guilty" beyond reasonable doubt of the crime of Rape and he is hereby sentenced to suffer the penalty of RECLUSION PERPETUA together with all the accessory penalties provided for by law and to indemnify private complainant AAA the following amounts:The trial court gave full credence to AAA's detailed narration on how appellant succeeded in having sexual intercourse with her through force and intimidation. It also found that her testimony was corroborated by the physical evidence and Dr. Asagra's expert testimony. Finally, it rejected appellant's bare denial and alibi in light of AAA's positive testimony that it was he who sexually violated her.The preventive imprisonment undergone by accused is fully credited in his favor.
- Fifty thousand Pesos (P50,000) by way of civil indemnity; and
- Fifty thousand Pesos (P50,000) by way of moral damages.
With costs against accused.
SO ORDERED.8
WHEREFORE, the Decision dated May 25, 2012, rendered by the Regional Trial Court, Branch 29, Toledo City in Crim. Case No. TCS-2907, finding the appellant, Eric Dumdum, guilty beyond reasonable doubt of the crime of Rape and sentencing him to suffer the penalty of reclusion perpetua together with all the accessory penalties provided by law is hereby AFFIRMED with the following MODIFICATIONS as to damages only:The Court of Appeals concurred with the trial court's factual findings. It rejected the alleged improbabilities appellant had raised. It noted that appellant left four days after the incident and he got arrested at XXXX, XXXXX, Cebu after nine years of hiding.16 It, thus, considered appellant's flight right after the incident as a major indicium of guilt.SO ORDERED.15
- The amount of civil indemnity is increased to P75,000.
- The appellant is ordered to pay the victim the amount of P30,000 as exemplary damages.
- The amount ofP50,000 as moral damages is retained.
- An interest of 6% per annum is imposed on all damages awarded from the date of finality of this judgment until fully paid.
Q. On your way home, do you recall of any unusual incident that happened?
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A. While I was walking towards home, somebody called my name, so I approached him.
xxx xxx xxx
Q. xxx Who was that person?
A. Eric Dumdum.
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Q. After you approached Eric Dumdum, who called you, what happened next, if any?
A. He dragged me to the dark place and asked me how old am I.
Q. Aside from that question did he ask you any other question?
A. He asked me also if ever I have already my menstrual period and I told him, not yet.
xxx xxx xxx
Q. You said that Eric Dumdum dragged you. What did you do when he dragged you, if any?
A. I resisted but I was not able to be released because he held me tightly in my arm.
Q. When you arrived in that dark place, what happened next?
A. He also dragged me to a little bit far distance and he lifted me and made me lie down on the ground.
Q. xxx was there anything that happened that you can remember?
A. He embraced and kissed me.
Q. Which part of your body did he kiss?
A. In my neck.Q. What did you do when he kissed you in the neck?A. I got angry.
xxx xxx xxx
Q. You said that he also embraced you. What did you do when he embraced you?
A. I pushed him.
xxx xxx xxx
Q. How did you feel when he kissed you and embraced you?
A. I was afraid.
Q. Because you were afraid, did you say anything to him?
A. I did not say anything because of fear.
Q. What about Eric Dumdum, if you can still remember, did he say anything to you while he was kissing and embracing you?
A. He told me that if I will tell my parents he will kill us.
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Q. You said that Eric Dumdum succeeded in making you lie down on the ground. What happened after that Miss witness, if any?
A. His body was placed on top of me.
Q. What else did he do aside from that?
A. He took off my underwear.
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Q. What did you do while he was taking off your city shorts?
A. I tried to pull up my city shorts while he tried also to pull it down.
Q. Did he succeed in taking off your city shorts?
A. Yes ma'am.
Q. You said that you tried to pull up your city shorts while he tried to pull it down. How was he able to do it and take it off from you when you were resisting him?
A. Because he took my hands off.
Q. After the city shorts (were) taken off, what happened next miss witness?
A. He kept on kissing me and sucked my breast then he kept on kissing my neck.
xxx xxx xxx
Q. After he was able to spread your legs apart, what happened next?
A. That was the time he was able to successfully insert his penis into my vagina.
Q. How did you know that his penis was already inserted into your vagina?
A. Because I felt it inside me.
Q. Aside from feeling his penis inside your vagina, what else did you feel if any?
A. I felt pain.
Q. When his penis was already inserted in your vagina, what did Eric Dumdum do, if any?
A. He made a push and pull movement.
Q. If you can still remember, how long did it take him, that push and pull movement before he finally stopped doing it?
A. One (1) minute.
Q. xxx do you remember him uttering you anything while his penis was inserted into your vagina and was doing the push and pull movement?
A. Yes Ma'am, he told me that if ever I will tell my parents, he will kill us.
Q. You said that Eric finally stopped executing the push and pull movement after more or less a minute. What happened after that?
A. He was caressing me continuously.
Q. Will you please describe to us how was this done?
A. He kissed my neck.
Q. What did you do at that time if any?
A. I did nothing but cried continuously.
Q. Why did you cry?
A. Because dof (sic) fear that he raped me.
Q. After that, what happened next, if any?
A. After he kissed me he made me go home.
Q. When you reached home, did you tell anyone about the incident considering the fact that he threatened to kill you?
A. No ma'am.
Q. Why?
A. Because I remember what he said that he will kill us if I will tell my parents.
Q. When did you finally tell people about what happened to you since this case was already filed?
A. After two (2) days of the incident.18
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1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:The Court, however, modifies the award of exemplary damages and moral damages. In accordance with prevailing jurisprudence37 the award of exemplary damages should be increased from P30,000.00 to P75,000.00 and moral damages from P50,000.00 to P75,000.00. On the other hand, the award of P75,000.00 as civil indemnity and the grant of six percent interest on these amounts from finality of decision until fully paid are affirmed.a) Through force, threat, or intimidation;xxx xxx xxx
Article 266-B. penalty.- Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
xxxx (Emphases supplied)
Endnotes:
1 See Notice of Appeal dated February 17, 2015, rollo, pp. 15-16.
2Rollo, pp. 3-14. Penned by Associate Justice Edgardo T. Lloren with Associate Justices Edward B. Contreras and Rafael Antonio M. Santos, concurring.
* The identity of the victim or any information to establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to R.A. No. 760, "An Act providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for Other Purposes"; R.A. No. 9262, "An Act Defining Violence Against Women and their Children Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes"; Section 40 of A.M. No. 04-10-11 SC known as the "Rule on Violence Against Women and their Children", effective November 5, 2004; People v. Cabalquinto, 533 Phil. 703, 709 (2006); and Amended Administrative Circular No. 83-2015 dated September 5, 2017, Subject: Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders Using Fictitious Names/Personal Circumstances.3 CA rollo, p. 11.
4 Id.
5 Id. at 12-14.
6 TSN dated December 7, 2007.
7Rollo, pp. 14-15.
8 Supra note 2, at 18.
9Rollo, pp. 8-9.
10 CA rollo, p. 33.
11 Id.
12 Id. at 34.13 Through Former Solicitor General, now Associate Justice of the Supreme Court Hon. Francis H. Jardeleza, Assistant Solicitor General Rex Bernardo L. Pascual, and Senior State Solicitor Arturo C. Medina.14 Id. at 72-75.
15Rollo, pp. 18-19.
16 Record, p. 48.
17Rollo, pp. 26-27.
18 TSN, AAA, July 5, 2007, pp. 4-13.
19Rollo, pp. 15-16. ·
20 See Pielago v. People, 706 Phil. 460, 471(2013); Campos v. People, 569 Phil. 658, 671 (2008), citing People v. Capareda, 473 Phil. 301, 330 (2004); People v. Galigao, 443 Phil. 246, 260 (2003).
21 See People v. Oliva, 616 Phil. 786, 792 (2009)
22 See People v. Closa, 740 Phil. 777,785 (2014), citing People v. Pangilinan, 547 Phil. 260, 285-286 (2007).
23 See Ricalde v. People, 751 Phil 793, 807 (2015); Garingarao v. People, 669 Phil. 512, 522 (2011); People v. Tagaylo, 398 Phil. 1123, 1131-1132 (2000).
24 Record, Exhibit C.
25 See People v. Sabat, 734 Phil. 742,746 (2014), citing People v. Perez 595 Phil. 1232, 1258 (2008).
26 See People v. Gabiana, 393 Phil. 208, 216 (2000).
27Rollo, p. 8.
28 Id.
29 Id.
30 See People v. Barberan, et al., 788 Phil. 103, 110 (2016), citing People v. Corial, 451 Phil. 703,709-710 (2003).
31 See People v. Lor, 413 Phil. 725, 736 (2001).
32 See People v. Malones, 469 Phil. 301, 326 (2004).
33 See People v. De Leon, 428 Phil. 556, 575 (2000).
34 See People v. Vitero, 708 Phil. 49, 63 (2013).
35 See People v. Lobrigas, 442 Phil. 382, 392 (2002).
36 See People v. Mores, 712 Phil. 480,495 (2013).
37 See People v. Jugueta, 783 Phil. 806, 849 (2016).