Philippine Supreme Court Resolutions > Year 2008 > February 2008 Resolutions > [G.R. No. 177153 : February 27, 2008] PEOPLE OF THE PHILIPPINES V. REYNALDO LITERAL Y MARCAIDA :

Quoted hereunder, for your information, is a resolution of this Court dated 27 February 2008:

G.R. No. 177153 (People of the Philippines v. Reynaldo Literal y Marcaida)

This is an appeal from the Decision dated January 10, 2007 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 02418 entitled People of the Philippines v. Reynaldo Literal, which affirmed the Decision dated November 12, 2001 of the Regional Trial Court (RTC), Branch 24 in Bifian Laguna in Criminal Case No. 10184-B, convicting accused-appellant Reynaldo Literal of the crime of rape.

The facts are as follows:

Between January and June 1996, AAA, then 14 years old, was molested several times by her father, accused-appellant. All the incidents happened at night while AAA and her siblings were sleeping. In the first incident, AAA was awakened by accused-appellant's touch. He removed AAA's dress, and kissed her on the lips, breasts, and private organ. He then placed himself on top of her, and although he did not insert his private organ into hers, he let a white substance flow from his penis into her vagina. AAA could not fight back because his father poked a knife at her. She also did not wake her siblings up because she was afraid of what their father would do to them.

Thereafter, accused-appellant repeated the molestation on different dates. And he was successful in inserting his penis into AAA's vagina in those incidents.
At one time, while accused-appellant was molesting AAA, a relative knocked on the door and asked why AAA was crying. Accused-appellant pulled up his shorts, got up, and opened the door. He said that AAA was just dreaming. Although AAA covered her body with a blanket, the relative noticed that AAA's shorts was on her knees. The relative then went away. The next day, AAA's relative asked her what really happened and AAA confessed what her father had been doing to her.

Subsequently, at the instance of a complaint for rape filed against accused-appellant, an Information was filed against him, as follows:

That sometimes between January to June 1996, in the Municipality of Santa Rosa, Province of Laguna, Philippines and within the jurisdiction of the [RTC], accused REYNALDO M. LITERAL, with lewd design, did then and there wilfully, unlawfully and feloniously have carnal knowledge with his daughter [AAA] who was then [15] years of age, against her will and consent, to her damage and prejudice.^[1]

When arraigned, accused-appellant pleaded not guilty to the offense charged. For his part, he admitted that he attempted to have carnal knowledge with his daughter. However, he claimed that he desisted from his original intention when he saw that AAA was crying. He said that he could not remember whether he undressed his daughter because he was under the influence of liquor. He denied that he kissed and inserted his fingers into AAA's private organ.

On November 12, 2001, the RTC rendered a Decision, the dispositive portion of which reads:

WHEREFORE, judgment is hereby rendered finding accused, Reynaldo Literal y Marcaida guilty beyond reasonable doubt of the crime of rape and sentencing him to suffer the penalty of death and to pay the private complainant the amount of SEVENTY FIVE THOUSAND PESOS [PhP 75,000.00] by way of civil indemnity, and the additional amount of FIFTY THOUSAND PESOS [PhP 50,000.00] as moral damages or in the total amount of ONE HUNDRED TWENTY FIVE THOUSAND PESOS [PhP 125,000] as damages.
SO ORDERED.^[2]

Reynaldo appealed the case, presenting a lone issue for the appellate court's consideration: "The court a quo erred in convicting the accused-appellant of the crime charged despite the fact that his guilt was not proven beyond reasonable doubt."
On January 10, 2007, the CA disposed of the case, as follows:

WHEREFORE, premises considered, the Decision dated 12 November 2001 of the Regional Trial Court of Binan, Laguna, Branch 24 in Crim. Case No. [10184-B] finding accused-appellant Reynaldo Literal y Marcaida guilty beyond reasonable doubt of the crime of qualified rape is AFFIRMED with the MODIFICATION that the death penalty imposed upon accused-appellant is reduced to reclusion perpetua pursuant to Republic Act No. 9346, and he shall NOT be eligible for parole under Act No. 4103 (Indeterminate Sentence Law), as amended. Further, accused-appellant is ordered to pay the complainant the amounts of PhP 75,000.00 for moral damages and PhP 25,000.00 for exemplary damages, in addition to PhP 75,000.00 for civil indemnity as awarded by the trial court:

SO ORDERED.^[3]

On September 3, 2007, this Court required the parties to submit supplemental briefs, if they so desired. The parties manifested their willingness to submit the case on the basis of the records already submitted.

Considering the allegations, issues, and arguments presented in this appeal, the Court adopts the findings of fact and conclusions of law in the January 10, 2007 Decision of the CA in CA-G.R. CR-H.C. No. 02418.

WHEREFORE, the instant appeal is DISMISSED for failure to sufficiently show reversible error in the assailed decision. The January 10, 2007 Decision of the CA in CA-G.R. CR-H.C. No. 02418 is AFFIRMED.

No costs.

SO ORDERED. Quisumbing, J., on official leave; Azcuna, J., designated additional member pursuant to Adm. Circular No. 84-2007.

Endnotes:

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^[1] CA rollo, p. 4.

^[2] Id. at 14. Penned by Judge Damaso Herrera.

^[3] Rollo, pp. 24-25.