G.R. No. 241591 - ABC,*, VS. PEOPLE OF THE PHILIPPINES. DECISION - Supreme Court E-Library

Ruling

WHEREFORE , in view of all the foregoing, accused [ABC] is found 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] The 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] With respect to the other two charges for Sexual Assault, the Family Court ruled that only one instance was proven: the act of petitioner in inserting his finger inside AAA's vagina. The Family Court appreciated the spontaneous, natural, and consistent declaration of AAA that it was petitioner who molested her. [15] Aggrieved, petitioner appealed his conviction and argued that the Family Court erroneously convicted him of Sexual Assault in Criminal Case No. 37119-R since the allegations therein pertained to the act of insertion of a finger into AAA's anal orifice which the Family Court itself found unsupported by evidence. He nevertheless contended that his acquittal in Criminal Case No. 37120-R should be sustained pursuant to his right against double jeopardy. Ruling of the CA In the Decision [16] dated January 23, 2018, the CA ruled that there was a typographical error in the dispositive portion of the Family Court's Decision; clarified that the verdict clearly referred to petitioner's conviction for Rape by Sexual Assault in Criminal Case No. 37120-R and not in Criminal Case No. 37119-R; and accordingly acquitted petitioner in the latter case. [17] The dispositive portion of the Decision reads: 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 th