December 2010 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[G.R. No. 146684 : December 07, 2010] PEOPLE OF THE PHILIPPINES V. RAMIL SAJOLGA Y OMERA :
[G.R. No. 146684 : December 07, 2010]
PEOPLE OF THE PHILIPPINES V. RAMIL SAJOLGA Y OMERA
Sirs/Mesdames:
Please take notice that the Court en banc issued a Resolution dated DECEMBER 7, 2010, which reads as follows:
"G.R. No. 146684 (People of the Philippines v. Ramil Sajolga y Omera).
In its Decision of August 21, 2002, the Court affirmed with modification accused Ramil O. Sajolga's (Sajolga) conviction for rape and imposed on him the penalty of reclusion perpetua. Entry of Judgment was made on September 18, 2002. Sajolga has been serving his sentence at the New Bilibid Prisons, Muntinlupa City.
On October 21, 2010, Sajolga, by himself, requested the Court for reconsideration and to reopen the case in view of the letter to him dated April 4, 2010 of complainant Genlie Abejaron, stating that Sajolga is not her rapist but someone else. Attached to his request are photocopies of the April 4, 2010 letter and the undated and unsubscribed Sinumpaang Salaysay also supposedly executed by Abejaron.
Looking at the letter and the Sinumpaang Salaysay, both in Filipino, the Court is not inclined to believe accused's April 4, 2010 letter. In that letter, complainant asked forgiveness from Sajolga, her half-brother, because "napagbintangan lang kita, Akala ko kasi ikaw yung gumahasa sa akin."[1] But, in her Sinumpaang Salaysay, complainant said "2. [D]ahil po sa napagkaisahan po naming [sic] na patawarin na po siya, ay gumagawa po kami ng paraan na kung papaano po malulunasan ang kalagayan ng taong gumahasa sa akin, at kung paano po malulunasan ang kalagayan at ang maganda at epiktibong [sic] paraan para po sa maaga niyang paglaya"[2] This tends to show that the April 4, 2010 letter absolving Sajolga of the crime and asking for his forgiveness was a mere ruse to make the Court believe his innocence and ensure that it order a re-trial of the case.
Moreover, the veracity of the documents is doubtful. Aside from being mere photocopies, there was no evidence submitted to prove that the letter and the Sinumpaang Salaysay were indeed executed by complainant herself. The documents appear to have been executed in Maramag, Bukidnon. Sajolga did not offer any explanation in his letter as to how he got hold of them as no mailing envelope was submitted to at least prove that the documents were mailed to him in due course from Bukidnon.
ACCORDINGLY, for the above reasons and considering the finality of the Court's Decision dated August 21, 2002, the Court resolves to DENY accused's request for reconsideration and reopen the case for lack of merit.
The Court further resolves to NOTE the 1st Indorsement dated October 14, 2010 of Court Administrator Jose Midas P. Marquez and accused Sajolga's letter dated October 27, 2010." Velasco, Jr., J., on official business.
"G.R. No. 146684 (People of the Philippines v. Ramil Sajolga y Omera).
R E S O L U T I O N
In its Decision of August 21, 2002, the Court affirmed with modification accused Ramil O. Sajolga's (Sajolga) conviction for rape and imposed on him the penalty of reclusion perpetua. Entry of Judgment was made on September 18, 2002. Sajolga has been serving his sentence at the New Bilibid Prisons, Muntinlupa City.
On October 21, 2010, Sajolga, by himself, requested the Court for reconsideration and to reopen the case in view of the letter to him dated April 4, 2010 of complainant Genlie Abejaron, stating that Sajolga is not her rapist but someone else. Attached to his request are photocopies of the April 4, 2010 letter and the undated and unsubscribed Sinumpaang Salaysay also supposedly executed by Abejaron.
Looking at the letter and the Sinumpaang Salaysay, both in Filipino, the Court is not inclined to believe accused's April 4, 2010 letter. In that letter, complainant asked forgiveness from Sajolga, her half-brother, because "napagbintangan lang kita, Akala ko kasi ikaw yung gumahasa sa akin."[1] But, in her Sinumpaang Salaysay, complainant said "2. [D]ahil po sa napagkaisahan po naming [sic] na patawarin na po siya, ay gumagawa po kami ng paraan na kung papaano po malulunasan ang kalagayan ng taong gumahasa sa akin, at kung paano po malulunasan ang kalagayan at ang maganda at epiktibong [sic] paraan para po sa maaga niyang paglaya"[2] This tends to show that the April 4, 2010 letter absolving Sajolga of the crime and asking for his forgiveness was a mere ruse to make the Court believe his innocence and ensure that it order a re-trial of the case.
Moreover, the veracity of the documents is doubtful. Aside from being mere photocopies, there was no evidence submitted to prove that the letter and the Sinumpaang Salaysay were indeed executed by complainant herself. The documents appear to have been executed in Maramag, Bukidnon. Sajolga did not offer any explanation in his letter as to how he got hold of them as no mailing envelope was submitted to at least prove that the documents were mailed to him in due course from Bukidnon.
ACCORDINGLY, for the above reasons and considering the finality of the Court's Decision dated August 21, 2002, the Court resolves to DENY accused's request for reconsideration and reopen the case for lack of merit.
The Court further resolves to NOTE the 1st Indorsement dated October 14, 2010 of Court Administrator Jose Midas P. Marquez and accused Sajolga's letter dated October 27, 2010." Velasco, Jr., J., on official business.
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court
Endnotes:
[1] Rollo,p. 113.
[2] Id. at 114.
