G.R. Nos. 150630-31 - PEOPLE OF THE PHILIPPINES, VS. JAIME OLAYBAR Y ODTUHAN.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE in Criminal Case No. 00-1600, accused Jaime Olaybar y Odtuhan is hereby sentenced to suffer the penalty of Death and to pay the victim civil indemnity of P75,000.00 and P50,000.00 moral damages. "Likewise, in Criminal Case No. 00-1601, accused Jaime Olaybar y Odtuhan is hereby sentence to suffer the penalty of Death and to pay the victim civil indemnity of P75,000.00 and P50,000.00 moral damages. "It would appear from the testimony of the complainant, AAA that on September 5, 2000, aside from having carnal knowledge of the victim, accused Jaime Olaybar also inserted his finger in her vagina and also inserted his penis into her anus. In view thereof, the City Prosecutor is hereby ordered to conduct an investigation on the liability of the accused for Sec. 10 (a), Art. VI of RA 7610 and Rape, in so far as the above revelation of the complainant which were not alleged in Criminal Case No. 00-1600." [4] With the imposition below of the penalty of death, the records were elevated to this Court for review. Challenging the decision of the trial court, appellant would aver that - "I. THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT OF RAPE WHEN THE LATTER'S GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT. "II. THE LOWER COURT ERRED IN IMPOSING THE SUPREME PENALTY OF DEATH DESPITE THE ABSENCE OF ANY QUALIFYING CIRCUMSTANCE IN THE INFORMATIONS." [5] While the Office of the Solicitor General argues that no cogent reasons exist to overturn the conviction of appellant, it does agree with the latter, however, that in neither of the two cases, could the penalty of death be aptly imposed. Like the trial court, which has had an opportunity to observe closely the witnesses in giving their testimony before it, this Court, in its own assessment, also finds the child-victim to be credible; her testimony is sufficiently clear, quite categorical and definitely straightforward. Recalling her ordeal before the trial court, AAA has testified: "FISCAL BARRERA: "Q Now, on September 5, 2000 at around 7:00 p.m. where were you? "A I was home at that time. "Q While you were in your house fronting Meralco office, Pasay City while in your house, do you recall of any unusual incident that transpired to you? "A Yes, there was. "Q What was that unusual incident that happened to you at around 7:00 p.m.? "A I was called. "Q Who called you? "A Jimmy, sir. "Q This Jimmy who called you, is he inside the courtroom? "A Yes, sir. "Q Will you kindly point to Jimmy who called you inside your house? "A Yes, sir. "Court Interpreter: Witness pointing to a person who answered by the name of Jaime Olaybar. "Fiscal Barrera: "Q What happened when he called for you whom you identified in open court as Jaime Olaybar? "A I came near him. "Q Where did you proceed when you came near him? "A He brought me to a jeep. "Q Is that near your house? "A It is far. "Q But it is near Meralco? "A The jeep was beside Meralco. "Q What happened when Jaime Olaybar brought you to a jeep? "A He made me to