1C LTL (31 January 2015)

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FERNANDO, Nikki Luz C.1C LTL (31 January 2015)1

People v. Delfin

People of the Philippines, Plaintiff-Appellee, versus Francasio Delfin, Accused-AppellantG.R. No. 190349Promulgated: December 10, 2014Ponente: DEL CASTILLO, J.Purpose/Topic: This is a case with two separate Informations of rape.

A. Statement of Facts:

I. Criminal Case No. N-2130 On May 27, 2001, at around 10:00 to 11:00 p.m., in the Municipality of Naval, Biliran, Province, AAA, an 11-year old lass was on her to a bakery after watching a video show. While on her way, the accused, through hand signal called AAA. She attempted to run away but accused picked up a stone so she approached him. He pulled her towards the second floor of the new building of Naval, facing the public market. While thereat, the accused did and there willfully, unlawfully and feloniously slap her, take off her panty and pants, cover her mouth, and succeed in having carnal knowledge of AAA. Accused gave P100.00 to AAA and told her not to tell anyone about what happened for her family will be harmed.

II. Criminal Case No. N-2131 On June 30, 2001, at about 11:00 p.m., after watching a billiard game, AAA was sleeping inside a jeep, parked outside of a billiard hall, when accused beamed his flashlight towards her face. The accused went inside the vehicle and did then and there willfully, unlawfully and feloniously by means of force and intimidation, take of her panty and his short pants and succeed in having carnal knowledge of AAA. After experiencing pain and difficulty in urinating and swelling in the abdomen, AAA consulted her aunt BBB. BBB brought AAA to the hospital for check up. On July 5, 2001, Dr. Gabriel P. Edano issued a medical certificate, which indicates a positive result for a lacerated hymen at 6:00 oclock position and a corrugated hymen, and a negative result for the presence of spermatozoa. AAA family reported the incident to DSWD and complaints were filed against appellant.

B. Statement of the Case:

On November 19, 2003, the Regional Trial Court of Biliran declared the accused guilty of two counts of statutory rape with the penalty of Reclusion Perprtua for each case and an amount of P50,000.00 as civil indemnity for each rape committed. On appeal, the Court of Appeals (CA), in Criminal Case No. N-2130, found the accused-appellant guilty beyond reasonable doubt of the crime of simple rape (Article 266-A of the Revised Penal Code), as there were no independent evidence for her age was presented and established to charge accused of statutory rape. He is also ordered to pay P75,000.00 as civil indemnity and P75,000.00 as moral damages. However, the CA acquitted the accused-appellant in Criminal Case No. N-2131 for failure of prosecution to prove his guilt beyond reasonable doubt. Hence, an appeal to the Supreme Court (SC) was filed by the accused-appellant for Criminal Case No. N-2130. The accused-appellant impugns the material inconsistencies on AAA statements and her ill-motive in filling the charges. SC ruled that the appeal has no merit, sentencing accused-appellant the penalty of Reclusion Perpetua for the crime of simple rape and ordered to pay for moral and exemplary damages to the petitioner.

C. Issue/s:

1. Whether or not the accused-appellant used force, threat or intimidation in the commission of the crime of rape.

2. Whether or not the material inconsistencies, on the part of AAA, renders the statements unreliable and insufficient to support conviction.

3. Whether or not there has been an improper motive that impelled AAA in filing the charges.

D. Ruling:

1. YES. Par. 1(a) Article 266-A of the Revised Penal Code presented three elements of rape, (1) that the offender is a man, (2) that the offender had carnal knowledge of a woman; and (3) that such act is accomplished by using force or intimidation. AAA established that appellant is a man, and had carnal knowledge of her, a young lass. Further, per AAAs testimony, when she was already near him, he grabbed her hand and dragged her to the second floor of the building.

He took off her panty, forcefully laid her down on top of the folded cartons and have carnal knowledge of AAA. After ravishing AAA, accused-appellant threatened to kill her and her family should she tell anyone about the incident. Clearly, this satisfies the third element, that is, that the carnal knowledge was obtained through force, threat, or intimidation.

2. NO. Minor inconsistencies in the testimony of AAA do not detract from the actual fact of rape; Factual findings of the trial court on the credibility of witness are accorded great weight and respect especially if affirmed by the CA. It has been held that where the inconsistency is not an essential elements of the crime, such inconsistency is insignificant and cannot have any bearing on the essential fact testified to.

3. NO. Accused-appellant imputes improper motive on the part of AAA as he surmises that her aunt CCC instigated her to falsely testify against him. That the accusations of rape were prompted by CCC who had every reason to instigate the filing of criminal case against him since he reported to the police that she was engaged in illegal drugs. Contrary to appellants claim, however, CCC appears to have no knowledge of the rape incidents. AAA testified that prior to the filing of the case, AAA and CCC did not speak with each other. The claim, therefore, that CCC merely instigated AAA to claim rape against accused-appellant is not worthy of credence. It is a well-settled rule that where there is no evidence, and nothing to indicate that the principal witness for the prosecution was actuated by improper motive, the presumption is that [she] was not so actuated and [her] testimony is entitled to full faith and credit.

E. Dispositive portion:

WHEREFORE, the January 27, 2009 Decision of the Court of Appeals in CA-GR. CR-H.C. No. 00077 finding appellant Francasio Delfin guilty beyond reasonable doubt of the crime of simple rape and sentencing him to suffer the penalty of reclusion perpetua is AFFIRMED with the following modifications:

(1) appellant Francasio Delfin shall not be eligible for parole; (2) the award of moral damages is decreased from P75,000.00 to P50,000.00; (3) appellant Francasio Delfin is ORDERED to pay "AAA" the amount ofP30,000.00 as exemplary damages; and,

(4) appellant Francasio Delfin is ORDERED to pay "AAA" interest at the legal rate of six percent (6%) per annum on all the amounts of damages awarded, commencing from the date offinality ofthis Resolution until fully paid.

Costs against appellant.

SO ORDERED.