Philippine Supreme Court Resolutions > Year 2009 > December 2009 Resolutions > [G.R. No. 181601 : December 02, 2009] PEOPLE OF THE PHILIPPINES V. SONNY NOCIDO Y PAYEN :

Quoted hereunder, for your information, is a resolution of this Court dated 02 December 2009:

G.R. No. 181601 - (People of the Philippines v. Sonny Nocido y Payen)

On January 26, 2000, appellant Sonny Nocido y Payen was charged with the crime of Rape with Homicide committed as follows:

That on October 18, 1999 at about 8:30 o'clock in the morning at Sitio Cadlom, Barangay Pandan, Municipality of Ligao, Province of Albay, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, while armed with a knife and with lewd design, did then and there wilfully, unlawfully and feloniously have carnal knowledge of ALMA BUENAFE, with the use of force and intimidation and against her will and consent, and that while the victim was violently resisting, the latter stabbed the said Alma Buenafe with the said knife thereby inflicting fatal wound on her left chest which immediately and instantaneously caused her death, to the damage and prejudice of her legal heirs.

ACTS CONTRARY TO LAW.

During arraignment appellant pleaded "not guilty". Trial on the merits thereafter ensued.

On May 10; 2002, the Regional Trial Court of Ligao City, Albay, Branch 13, rendered its Decision" finding appellant guilty as charged. The trial court ruled that:

After a careful scrutiny and evaluation of the evidence adduced at the trial, this Court finds that there is sufficient, clear, credible and convincing evidence to hold the accused Sonny Nocido y Payen criminally responsible for the offense [with which] he is charged. The following circumstances duly established by the prosecution's evidence in the mind of this Court constitute an unbroken chain unmistakably pointing to the accused as the author of the crime in question:

1. The victim Alma Buenafe was last seen alive at about 8:30 A.M. of October 18, 1999, at sitio Cadlom, Pandan, Ligao, Albay;
   
   
2. She was later found dead sprawled near a canal in sitio Cadlom, Pandan, Ligao, Albay. It was estimated [that] she died [at] about 9:00 A.M. of October 18, 1999 of "hemopneumothorax" due to fatal stab wound;
   
   
3. The post-mortem examination conducted on the same day of October 18, 1999 at 8:45 in the evening by Ligao Municipal Health Officer, Lea Remonte, showed the presence of stab wound below the left nipple, hematomas below the right nipple and right wrist[s] and fresh vaginal lacerations at 2:00 o'clock and 7:00 o'clock positions. During her testimony, the doctor said she noted the presence of "whitish discharge" inside the vagina which in her opinion could be a seminal fluid indicating [that] Alma was sexually abused because of the presence of fresh lacerations;
   
   
4. The accused Sonny Nocido met the victim, a 4^th year student of Oma-Oma High School, Ligao, Albay, who was on her way to school in front of the house of Flordelita de la Austria at sitio Cadlom, Pandan, Ligao, Albay, at about 8:30 A.M. of October 18, 1999. That at a distance often (10) meters after meeting Alma, the accused followed her. The accused admitted meeting Alma at the date, time and place mentioned but denied following her;
   
   
5. An hour after, while in the company of her husband, Vicente, [who was] harvesting coconuts at the coconut plantation at sitio Cadlom, Flordelita saw the accused running uphill towards the direction of their (accused's) [sic] house.  Then as Flordelita and her husband prepared to bring the coconuts home, they discovered Alma's body sprawled near a canal bloodied with stab wound;
   
   
6.  At about 8:30 in the same morning of October 18, 1999, Bernardo Buenafe, on hisway to his coconut plantation at sitio Bunglas while walking along the "Camino Real" at sitio Cadlom at a distance of two hundred (200) meters, he saw a man dragging a woman by the hair. Getting closer to a distance of about four (4) meters, he saw the accused stabbing an already unconscious Alma Buenafe. When the accused noticed Bernardo's presence after the latter said "oy, oy", the accused ran away at the same time throwing the "balisong";
   
   
7. Another prosecution witness, Roberto Buenafe, who was in his house at sitio Cadlom with friends that same day of October 18, 1999, at about 8:30 [A.M.,] saw Sonny running and appeared afraid with his clothes, feet and hands soiled with mud; and
   
   
8. At about 10:00 A.M. of October 18, 1999, Sonny Nocido with his pants and shoes soiled with mud[,] in the company of a misty-eyed wife, and sick child, Nocido hurriedly rented the tricycle of Antonio Quilana at Macael, Pandan, Ligao, for the poblacion of Ligao, Albay. At the poblacion of Ligao after selling his camera for P300.00 for their transportation the accused and his family boarded an "Arandia Bus Line" for Pasay about 12:30 noon time [sic] of October 18, 1999.^[3]

The trial court did not lend credence to the denial and alibi of the appellant. It ruled that the same could not prevail over the positive identification by the prosecution's witnesses of appellant as the perpetrator of the crime. Besides, appellant admitted that the said prosecution witnesses did not have ill-motives to testify against him. The trial court also found that appellant's sudden and unexplained flight from Ligao City to Manila was indicative of guilt. The court a quo also ascribed appellant's strange behavior immediately after the discovery of the crime to that of a man who was conscience-stricken.

The dispositive portion of the Decision of the trial court reads:

WHEREFORE, judgment is hereby rendered finding the accused SONNY NOCIDO y PAYEN guilty beyond reasonable doubt of the offense of Rape with Homicide as defined and penalized under Articles 266-A and 266-B, as amended by Republic Act No. 8353, and accordingly hereby sentences said accused to suffer the penalty of Death.

Accused is directed to indemnify the heirs of the victim in the amount of P100,000.00 as civil indemnity and P50,000.00 as moral damages.

Pursuant to the provision in the Constitution let the record of this case be immediately forwarded to the Supreme Court for automatic review.

SO ORDERED.^[4]

On appeal, appellant raised the following errors:

I

THE TRIAL COURT ERRED IN RELYING ON CIRCUMSTANTIAL EVIDENCE PRESENTED BY THE PROSECUTION AS BASIS FOR THE CONVICTION OF THE ACCUSED-APPELLANT.

II

THE TRIAL COURT ERRED IN GIVING CREDENCE TO THE INCONSISTENT AND INCREDIBLE TESTIMONIES OF THE PROSECUTION'S WITNESSES.

III

THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT OF RAPE WITH HOMICIDE WHEN THE LATTER'S GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT.^[5]

On September 19, 2007, the Court of Appeals rendered its Decision6 finding the appeal to be without merit. It held that the evidence on record satisfactorily established that appellant raped and killed the victim. Thus:

First. ALMA BUENAFE was last seen alive on that fateful day of October 18, 1999, at about 8:30 in the morning. An hour later, her lifeless body was discovered at a coconut plantation, near a canal at Sitio Cadlirm, Pandan, Ligao, Albay.

Second. The autopsy report prepared by Dr. Lea Remonte revealed fresh lacerations on her vagina at 2:00 o'clock and 7:00 o'clock positions, and whitish discharge which, as testified to by Dr. Remonte, could be seminal fluid. The victim also sustained a stab wound below her left nipple, which caused her death.

Third At around 8:30 in the morning of October 18, 1999, accused-appellant was seen crossing paths with ALMA in front of the house of Flordelita at Sitio Cadlum, Pandan, Ligao, Albay, who testified that accused-appellant turned around and followed her.

Fourth. An hour later, Flordelita, in the company of her husband, saw the accused- appellant at the coconut plantation at Sitio Cadlum, running uphill towards the direction of his house, and thereafter saw the bloodied body of ALMA.

Fifth. At about the same 'time and date, Bernardo Buenafe was walking along the "camino real" when he saw accused-appellant .dragging the unconscious ALMA by her hair and thereafter, stabbed her, and upon noticing Bernardo's presence, threw the fan knife, and ran away.

Sixth. Later, accused-appellant was seen by Roberto Buenafe running in front of his house, with his clothes soiled and shoes muddy, and looking afraid.

Seventh. Antonio Quilana, Jr. testified that when accused-appellant and his wife hurriedly rented his tricycle at around 10:00 o'clock in the morning of the same day, accused-appellant's clothes and shoes were soiled with mud, and his wife was misty-eyed; that the accused-appellant sold his camera at Centra to be used to pay their transportation fare in going to Manila; and, that they boarded the bus bound for Manila at past 12 o'clock noon.

Eight. A fan knife or "balisong" was recovered from the crime scene and turned over to the authorities.

Consequently, the appellate court affirmed the findings of the court a quo but modified the penalty from death to reclusion perpetua. The dispositive portion of the Decision reads:

WHEREFORE, premises considered, the Decision of the RTC of the City of Ligao, Albay, Branch 13, dated May 10, 2002 in Criminal Case No. 3961, is hereby AFFIRMED with MODIFICATION, reducing the penalty imposed from death to reclusion perpetua.

SO ORDERED.^[8]

Hence, this appeal.

On March 24, 2008, we notified the parties that they may file their respective supplemental briefs if they so desire^[9] but both manifested that they are repleading and adopting the allegations/arguments in their respective appellant's/appellee's briefs and would thus no longer submit their supplemental briefs.^[10]

We AFFIRM the Decision of the Court of Appeals finding appellant guilty beyond reasonable doubt of the crime of Rape with Homicide and sentencing him to suffer the penalty of reclusion perpetua but MODIFY the award of damages.

We agree with the trial and appellate courts' finding that the chain of events constitutes circumstantial evidence that is sufficient to support a conviction.^[11] The testimonies of the prosecution witnesses and the physical evidence gathered indubitably showed that the victim was last seen in the company of the appellant. One of the prosecution witnesses even saw appellant dragging the victim by the hair and stabbing her on the chest. Moreover, the position of the body of the victim as well as the state of her clothing when she was found indicated that she was raped. The medico-legal officer likewise testified that Alma was raped as shown by the fresh lacerations in her hymen.

The imposition of the penalty of reclusion perpetua instead of death is likewise proper, in view of Republic Act (RA) No. 9346. However, appellant is not eligible for parole pursuant to Section 3 of RA No. 9346.

As regards damages, the trial court and the Court of Appeals correctly awarded P100,000.00 as civil indemnity.^[12] The award of moral damages, however, should be increased from P50,000.00 to P75,000.00 consistent with prevailing jurisprudence for rape with homicide.^[13] In lieu of actual damages, temperate damages amounting to P25,000.00 is awarded considering that the heirs of the victim incurred expenses for her funeral and burial.

WHEREFORE, the Decision of the Court of Appeals dated September 19, 2007 finding appellant Sonny Nocido y Payen guilty beyond reasonable doubt of the crime of Rape with Homicide and sentencing him to suffer the penalty of reclusion perpetua and ordering him to pay the heirs of Alma Buenafe the amount of P100,000.00 as civil indemnity is AFFIRMED with MODIFICATIONS that appellant is declared not eligible for parole, that the award of moral damages is increased from P50,000.00 to P75,000.00 and that appellant is further ordered to pay temperate damages in the amount of P25,000.00 in lieu of actual damages.

SO ORDERED.

WITNESS the Honorable Antonio T. Carpio, Chairperson, Honorable Teresita J. Leonardo-De Castro (designated additional member per S.O. No. 776), Arturo D. Brion, Mariano C. Del Castillo and Roberto A. Abad, Members, Second Division, this 2^nd day of December, 2009.

Endnotes:

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^[1] CA rollo. p. 9.

^[2] Id. at 22-29; penned by Judge Jose S. Sa�ez.

^[3] Id. at 27-21

^[4] Id. at 29.

^[5] Id. at 46.

^[6] Id. at 121-131; penned by Associate Justice Estela M. Perlas-Bernabe and concurred in by Associate Justices Portia- Alino-Hormachuelos and Lucas P. Bersamm (now a Member of this Court).

^[7] Id. at 126-127.

^[8] Id. at 130.

^[9] Rollo, p. 18.

^[10] Id. at 19-20 & 22-25.

^[11] People v. Bascugin, G.R. No. 184704, June 30, 2009.

^[12] Id. See also People v. Pascual, G.R. No. 172326, January 19, 2009, 576 SCRA 242, 260-261.

^[13] Id.