SECOND DIVISION
G.R. No. 241591, July 08, 2020
ABC,* Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondents.
D E C I S I O N
INTING, J.:
This is a Petition for Review on Certiorari1 filed pursuant to Rule 45 of the Rules of Court assailing the Decision2 dated January 23, 2018 and the Resolution3 dated August 20, 2018 of the Court of Appeals (CA) in CA-G.R. CR No. 39617 which affirmed with modification the Consolidated Judgment4 dated January 19, 2017 of the Family Court of Baguio City (Family Court) in Criminal Case Nos. 37118-R, 37119-R, and 37120-R finding ABC (petitioner) guilty beyond reasonable doubt for Sexual Assault defined under paragraph 2, Article 266-A of the Revised Penal Code (RPC) and penalized under Section 5(b) of Republic Act No. (RA) 7610, otherwise known as the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
Upon arraignment, petitioner pleaded not guilty to the crimes charged.8Criminal Case No. 37118-R
That sometime between March 28, 2015 to March 31, 2015, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, actuated by lust, did then and there willfully, unlawfully, feloniously commit an act of lasciviousness on the person of private complainant "AAA" a ten-year old child, by making a "push and pull" motion on the part of vagina of said "AAA"', a ten-year old child, and thereafter, mashed her breast, to her great damage and prejudice.
The offense is attended by the aggravating circumstances of minority and relationship as the accused is the grandfather of AAA.
CONTRARY TO LAW.5chanrobleslawCriminal Case No. 37119-R
That sometime between March 28, 2015 to March 31, 2015, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously commit sexual assault against "AAA", a ten-year old minor, by inserting his finger in the anal orifice of said "AAA", a ten-year old minor.
The offense is attended by the aggravating circumstances of minority and relationship as Accused is the grandfather of AAA.
CONTRARY TO LAW.6chanrobleslawCriminal Case No. 37120-R
That sometime between March 28, 2015 to March 31, 2015, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously commit sexual assault against "AAA", a ten-year old minor, by inserting his finger in the vagina of said "AAA", a ten-year old minor.
The offense is attended by the aggravating circumstances of minority and relationship as accused is the grandfather of AAA.
CONTRARY TO LAW.7
WHEREFORE, in view of all the foregoing, accused [ABC] is foundThe Family Court found the evidence against petitioner insufficient to establish beyond reasonable doubt that he made "push and pull" motions on AAA's vagina while mashing her breasts; thus, it acquitted him for Acts of Lasciviousness.14
a) In Criminal Case No. 37118-R, NOT GUILTY by reason of reasonable doubt; b) In Criminal Case No. 37119-R GUILTY beyond reasonable doubt of the offense defined under paragraph 2, Article 266-A of the Revised Penal Code and penalized under Section 5 (b) of RA 7610. He is sentenced to suffer the indeterminate sentence of twelve (12) years and one day of reclusion temporal minimum as minimum to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal as maximum. In line with prevailing jurisprudence, he is ordered to pay AAA Php30,000.00 as civil indemnity ex-delicto and PhP30,000.00 as moral damages or a total of PhP 60,000.00, with an interest of 6% per annum from the finality of the decision until its full satisfaction. c) In Criminal Case No. 37120-R, NOT GUILTY by reason of reasonable doubt;
Considering that the accused has undergone preventive imprisonment, he shall be credited in the service of his sentence with the time he has undergone preventive imprisonment subject to the conditions provided for by law.
SO ORDERED.13
WHEREFORE, the instant appeal is hereby DENIED. The January 19, 2017 Consolidated Judgment of the Regional Trial Court, Branch 4, Baguio City in Criminal Case Nos. 37118-R, 37119-R, and 37120-R is AFFIRMED with MODIFICATIONS. As modified and corrected, accused-appellant ABC is found GUILTY beyond reasonable doubt in Criminal Case No. 37120-R of rape by sexual assault under paragraph 2 of Article 266-A of the Revised Penal Code and sentenced to suffer the indeterminate penalty of twelve (12) years and one (1) day of reclusion temporal, as minimum, to fifteen (15) years, six (6) months, and twenty (20) days of reclusion temporal, as maximum, and is ordered to pay private complainant AAA civil indemnity, moral damages, and exemplary damages, each amounting to P30,000.00 which shall earn 6% interest per annum from the date of finality of this Decision until fully paid. ABC is found NOT GUILTY by reason of reasonable doubt in Criminal Case No. 37119-R. All other aspects of the Consolidated Judgment stand.The CA ruled that petitioner should be convicted for Rape by Sexual Assault for his act of inserting his finger into AAA's genitals as charged in Criminal Case No. 37120-R and that the correction of the typographical error in the dispositive portion of the Family Court Consolidated Judgment would not put him in double jeopardy citing the case of Cobarrubias v. People19 (Cobarrubias).
SO ORDERED.18
The general rule is that where there is a conflict between the fallo, or the dispositive part, and the body of the decision or order, the fallo prevails on the theory that the fallo is the final order and becomes the subject of execution, while the body of the decision merely contains the reasons or conclusions of the court ordering nothing. However, where one can clearly and unquestionably conclude from the body of the decision that there was a mistake in the dispositive portion, the body of the decision will prevail.20In Cobarrubias, there was a clerical error in the fallo or the dispositive portion of Presiding Judge Florentino M. Alumbres' Order dated March 20, 2001, which should have dismissed Criminal Case No. 94-5038 for Homicide instead of Criminal Case No. 94-5037 for Illegal Possession of Firearms, as discussed in the body of the order. Accordingly, it was ruled therein that it was only just and proper to correct the dispositive portion to reflect the exact findings and conclusions of the trial court.
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.21However, the Court finds that the fourth element is wanting. There was indeed a valid Information for the crime of Sexual Assault in Criminal Case No. 37120-R over which the Family Court had jurisdiction and to which petitioner entered a plea of not guilty. After the trial, a judgment was rendered and promulgated, the dispositive portion of which acquitted petitioner in Criminal Case No. 37120-R, but found him guilty beyond reasonable doubt in Criminal Case No. 37119-R. What is peculiar in this case is that there was a typographical error in the docket number of the criminal cases for Sexual Assault when the Family Court interchangeably and inadvertently mistook and associated Criminal Case No. 37120-R as the Information that indicted petitioner for the act of insertion of his finger in the anal orifice of his victim, although the body of the decision was very clear in its findings that the only crime that was proven was Sexual Assault committed by petitioner in inserting his finger into AAA's genitals. Under the foregoing circumstances, there could be no valid judgment of acquittal in Criminal Case No. 37120-R. Thus, the correction thereof is warranted; hence there is no valid acquittal in Criminal Case No. 37120-R to speak of.
Endnotes:
* 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 Republic Act No. (RA) 7610, "An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, and for Other Purposes;" RA 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 Administrative Matter No. 04-10-11-SC, known as the "Rule on Violence against Women and Their Children," 'effective November 15, 2004; People v. Cabalquinto, 533 Phil. 703 (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.
** Designated additional member per Special Order No. 2780 dated May 11, 2020.
1Rollo, pp. 13-41.
2Id. at 45-61; penned by Associate Justice Pedro B. Corales with Associate Justices Jose C. Reyes, Jr. (now a member of the Court) and Elihu A. Ybañez, concurring.
3Id. at 63-65; penned by Associate Justice Pedro B. Corales with Associate Justices Mario V. Lopez (now a member of the Court) and Elihu A. Ybañez, concurring.
4Id. at 86-107; penned by Presiding Judge Mia Joy C. Oalleres-Cawed.
5Id. at 47. Emphasis omitted.
6Id. Emphasis omitted.
7Id. at 48. Emphasis omitted.
8Id. at 88.
9Id. at 89.
10Id. at 91.
11Id. at 94.
12Id. at 86-107.
13Id. at 106-107.
14Id. at 95.
15Id. at 99.
16Id. at 3-12.
17Id. at 51-52.
18Id. at 60-61.
19 612 Phil. 984 (2009).
20Id. at 996. Citations omitted.
21People v. Alejandro, G.R. No. 223099, January 11, 2018, 851 SCRA 120, 127, citing Chiok v. People, 774 Phil. 230, 247-248 (2015).
22People v. Tulagan, G.R. No. 227363, March 12, 2019, citing People v. Garcia, 695 Phil. 576, 588-589 (2012).
23Id.
24People v. Ambatang, 808 Phil. 236, 242 (2017), citing People v. De Jesus, 695 Phil. 114, 122 (2012), further citing People v. Jubail 472 Phil. 527, 546 (2004).
25Bastian v. Hon. Court of Appeals, et al., 575 Phil. 42, 55 (2008), citing People v. Aguila, 539 Phil. 698, 718 (2006).
26 G.R. No. 227363, March 12, 2019.