Philippine Supreme Court Resolutions

G.R. No. 188346 (People of the Philippines v. Jerry Pubucan). - We resolve the appeal, filed by accused Jerry Pubucan (appellant), from the March 31, 2008 decision^[1]  of the Court of Appeals (CA) in CA G.R. CR H.C. No. 02609.

The RTC Ruling 

In its July 31, 2006 decision,^[2] the Regional Trial Court (RTC) of San Mateo, Rizal, Branch 76, convicted the appellant of four counts of rape^[3] by conspiracy, with the use of a deadly weapon, committed against AAA^[4]  on August 19, 2002. It found that the appellant and his co-accused, Carlito Pubucan alias "Caloy,"^[5]  conspired in raping AAA. It based its conclusion on AAA's testimony that it found to be straightforward and consistent, and the medico-legal report that corroborated AAA's testimony. It rejected the appellant's denial and uncorroborated alibi.

The RTC sentenced the appellant to suffer the penalty of reclusion perpetua for each count of rape. It also ordered him to pay AAA P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages, for each count of rape.

The CA Ruling  

On intermediate appellate review, the CA affirmed the RTC's appreciation of AAA's straightforward testimony pointing to the appellant as one of her rapists, as corroborated by the medico-legal report of AAA's non-virgin state.^[6]

Our Ruling 

We dismiss the appeal in this final review.

Our review of the records of the case fails to provide us with any reason or basis to reverse or modify the findings of the RTC on the credibility of AAA's testimony, particularly after these findings were affirmed by the CA. The RTC and the CA properly appreciated conspiracy because the evidence shows that while one accused ravished the victim, the other held her hands and feet. Thus, the appellant is liable not only for the two rapes he committed, but also for the two rapes committed by his co-accused, with whom he had conspired.^[7]

Article 266-B of the Revised Penal Code prescribes the penalty of reclusion perpetua to death where the crime of rape is committed with the use of a deadly weapon or by two or more persons. In relation to Article 63 of the same Code, where the penalty prescribed by law is composed of two indivisible penalties, and neither mitigating nor aggravating circumstances exist in the commission of the crime, the lesser penalty shall be imposed. Since no aggravating or mitigating circumstance was alleged and proved in the present case, the RTC and the CA correctly imposed the penalty of reclusion perpetua.

While we affirm the CA's factual findings and the imprisonment imposed, we find it necessary to increase to P30,000.00 the amount of exemplary damages awarded to AAA, pursuant to prevailing jurisprudence.^[8]cralaw

WHEREFORE, the March 31, 2008 decision of the Court of Appeals in CA G.R. CR H.C. No. 02609 is hereby AFFIRMED with MODIFICATION. Appellant Jerry Pubucan is found guilty beyond reasonable doubt of four (4) counts of rape and sentenced to suffer the penalty of reclusion perpetua for each count. He is ordered to pay AAA P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages, for each count of rape.

SO ORDERED.

Very truly yours,

MA. LUISA L. LAUREA
  Division Clerk of Court

By:

(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court

Endnotes:

^[1] Penned by Associate Justice Portia Ali�o-Hormachuelos, and concurred in by Associate Justices Rosmari D. Carandang and Estela M. Perlas-Bernabe; rollo, pp. 2-18. 

^[2] Docketed as Criminal Case Nos. 6591 to 94; CA rollo, pp. 11-25. 

^[3] See REVISED PENAL CODE, Article 266-A, as amended by Republic Act No. 8353, otherwise known as "The Anti-Rape Law of 1997." 

^[4] The real name of the rape victim is withheld and, instead, fictitious initials are used to represent her. (People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419.) 

^[5] At large. 

^[6] Supra note 1. 

^[7] People v. Pasco, 260 Phil. 245, 256 (1990); and People v. Veloso, 232 Phil. 64, 71. 

^[8] People of the Philippines v. Jose Pepito D. Combate a.k.a. "Peping," G.R. No. 189301, December 15, 2010; and People v. Macafe, G.R. No. 185616, November 24, 2010:, 636 SCRA 221, 231. 

^[*] Reyes, J., on leave; Del Castillo, J., designated as Acting Member per Special Order No. 1077 dated September 12, 2011.