G.R. No. 196228 - PEOPLE OF THE PHILIPPINES, VS. RENATO BESMONTE, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, the prosecution in both cases, having proven the guilt of accused RENATO BESMONTE beyond reasonable doubt, he is hereby convicted of the offense of statutory rape defined and penalized under Article 266-A in relation to Article 266-B of the Revised Penal Code, as amended by RA 8353 and sentenced to suffer the following penalties: In Crim. Case No. RTC01-596, accused RENATO BESMONTE is hereby sentenced to suffer the penalty of Reclusion Perpetua. He is likewise ordered to pay the victim, [AAA] civil indemnity in the amount of P50,000.00 and moral damages in the amount of P50,000.00 and to pay the costs; In Crim. Case No. RTC01-597, accused RENATO BESMONTE is hereby sentenced to suffer the penalty of Reclusion Perpetua. He is likewise ordered to pay the victim [AAA] civil indemnity in the amount of P50,000.00 and moral damages in the amount of P50,000.00 and to pay the costs. Considering that accused RENATO BESMONTE 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 condition provided for by law. Accused is likewise meted the accessory penalty of perpetual absolute disqualification as provided for under Article 41 of the Revised Penal Code. [17] Aggrieved, accused-appellant appealed the aforequoted decision to the Court of Appeals based on the following assignment of errors that: (I) THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT IN CRIMINAL CASE NO. RTC01-596 DESPITE [AAAS] OWN TESTIMONY TO THE CONTRARY; (II) THE TRIAL COURT GRAVELY ERRED IN GIVING UNDUE WEIGHT AND CREDENCE TO HIGHLY IMPROBABLE AND QUESTIONABLE ACCOUNT OF [AAA]; and (III) THE TRIAL COURT SERIOUSLY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE PROSECUTIONS FAILURE TO PROVE HIS GUILT BEYOND REASONABLE DOUBT. [18] In a Decision promulgated on October 22, 2010, the Court of Appeals affirmed the ruling of the RTC with modification. The dispositive part provides: WHEREFORE , premises considered, the assailed Joint Decision dated 18 April 2008, of the Regional Trial Court, Calabanga, Camarines Sur, Branch 63, finding the accused-appellant Renato Besmonte guilty beyond reasonable doubt of two (2) counts of Rape defined under Article 266-A and penalized by Article 266-B of the Revised Penal Code, as amended by RA 8353, is hereby AFFIRMED with modification . Accused-appellant is ordered, in each case, to pay private complainant, [AAA], the increased civil indemnity in the amount of Seventy-Five Thousand Pesos (P75,000.00); moral damages in the amount of Seventy-Five Thousand Pesos (P75,000.00); and exemplary damages in the amount of Twenty-Five Thousand Pesos (P25,000.00). [19] Undaunted, the accused-appellant filed a Notice of Appeal dated November 4, 2010. [20] In his Brief, [21] accused-appellant argued that the prosecution failed to prove his guilt beyond reasonable doubt. Specifically, he insisted that the al