G.R. No. 187229 - ARNEL SISON Y ESCUADRO, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered as follows: In Criminal Case No. Q-03-116710, the Court finds accused ARNEL SISON y ESCUADRO guilty beyond reasonable doubt of the crime of Kidnapping with Rape and is hereby sentenced to suffer the penalty of RECLUSION PERPETUA with all the accessory penalties provided by law, and to pay private complainant (AAA) the amounts of P75,000.00 as civil indemnity and P100,000.00 as moral damages. In Criminal Case No. Q-03-116711, the Court finds ARNEL SISON y ESCUADRO guilty beyond reasonable doubt of the offense of Violation of P.D. 1866, as amended by R.A. 8294, and is hereby sentenced to suffer an indeterminate sentence of six (6) months and one (1) day to two (2) years and four (4) months, and to pay a fine of thirty thousand pesos (P30,000.00). [8] The RTC found AAA's testimony, narrating how petitioner raped her, to be candid and straightforward, thus reflective of her honesty and credibility. It found nothing on record that would show that AAA was actuated by ill motive in filing the charges against petitioner. The RTC also noted that AAA even cried when she testified in court. It did not believe petitioner's claim that AAA was a small time prostitute, considering that she was a college graduate who was already working at the time of the incident and the fact that she immediately reported the rape incident to the police despite threat to her life. As to the charge of illegal possession of firearm and ammunitions, the RTC found the elements of the crime to be duly proven. AAA testified that petitioner pointed a gun at her and because of such threat submitted herself to his bestial desire; the gun, as well as the ammunitions, was offered in evidence and even the accused admitted that he had a gun at the time of the incident. It was established through the testimony of police investigator Regundina Sosa that based on petitioner's permit to carry firearm outside residence, the same had already expired on January 11, 2003, few months before his apprehension. Petitioner filed his appeal with the CA. The Office of the Solicitor General filed its Comment and petitioner his Reply thereto. On March 17, 2009, the CA issued its assailed Decision affirming petitioner's conviction. The dispositive portion of the Decision reads: WHEREFORE, the instant appeal is DISMISSED. The assailed Decision dated December 14, 2007 is hereby AFFIRMED with MODIFICATION as follows: 1. Regarding Criminal Case No. Q-03-116710, the Court finds accused ARNEL SISON y ESCUADRO guilty beyond reasonable doubt of the crime of RAPE qualified by the use of a deadly weapon, and is hereby sentenced to suffer the penalty of RECLUSION PERPETUA with all the accessory penalties provided by law, and to pay private complainant the amounts of P75,000.00 as civil indemnity and P100,000.00 as moral damages. 2. Anent Criminal Case No. Q-03-116711, the Court finds accused ARNEL SISON y ESCUADRO guilty beyond reasonable doubt of the offense of Violation of P.D.