March 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 184701 : March 10, 2010] PEOPLE OF THE PHILIPPINES V. JULIO MAQUEDA @ JULY :
[G.R. No. 184701 : March 10, 2010]
PEOPLE OF THE PHILIPPINES V. JULIO MAQUEDA @ JULY
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the First Division of this Court dated 10 March 2010
G.R. No. 184701 - PEOPLE OF THE PHILIPPINES v. JULIO MAQUEDA @ JULY. - The accused appeals his conviction for simple rape under the February 14, 2008 decision of the Court of Appeals (CA) rendered in CA-G.R. CR-H.C. No. 01171, thereby affirming the March 31, 2005 decision of the Regional Trial Court (RTC), Branch 63, in Calauag, Quezon, imposing upon him the penalty of reclusion perpetua.
The accused interposed the defenses of denial and alibi, insisting that on the date and time in question, he was not in Lopez, Quezon Province, where the crime was committed, but in Manila, visiting his daughter, a student thereat,-, with whom he wanted to celebrate his birthday. He did not return to Quezon Province until towards the end of July 1998.
The RTC found that in spite of the rape victim's mental incapacity, her testimony was coherent and categorical. It rejected the accused's denial and alibi, holding that his claim of being in Manila from July 4, 1998 to July 28 or 29, 1998 was concocted to save himself from criminal liability. Moreover, his alibi did not prevail over the positive identification of him by the victim, who was his own niece. The CA upheld the RTC.
WHEREFORE, considering the allegations, issues and arguments adduced in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show reversible error in the assailed decision of the Court of Appeals.
SO ORDERED.
WITNESS the Honorable Chief Justice Reynato S. Puno, Chairperson, Honorable Justice Conchita Carpio Morales, Working Chairperson, Honorable Justices Teresita Leonardo de Castro, Lucas P. Bersamin, and Martin S. Villarama, Jr., Members, First Division, this 10th day of March 2010.
G.R. No. 184701 - PEOPLE OF THE PHILIPPINES v. JULIO MAQUEDA @ JULY. - The accused appeals his conviction for simple rape under the February 14, 2008 decision of the Court of Appeals (CA) rendered in CA-G.R. CR-H.C. No. 01171, thereby affirming the March 31, 2005 decision of the Regional Trial Court (RTC), Branch 63, in Calauag, Quezon, imposing upon him the penalty of reclusion perpetua.
The accused interposed the defenses of denial and alibi, insisting that on the date and time in question, he was not in Lopez, Quezon Province, where the crime was committed, but in Manila, visiting his daughter, a student thereat,-, with whom he wanted to celebrate his birthday. He did not return to Quezon Province until towards the end of July 1998.
The RTC found that in spite of the rape victim's mental incapacity, her testimony was coherent and categorical. It rejected the accused's denial and alibi, holding that his claim of being in Manila from July 4, 1998 to July 28 or 29, 1998 was concocted to save himself from criminal liability. Moreover, his alibi did not prevail over the positive identification of him by the victim, who was his own niece. The CA upheld the RTC.
WHEREFORE, considering the allegations, issues and arguments adduced in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show reversible error in the assailed decision of the Court of Appeals.
SO ORDERED.
WITNESS the Honorable Chief Justice Reynato S. Puno, Chairperson, Honorable Justice Conchita Carpio Morales, Working Chairperson, Honorable Justices Teresita Leonardo de Castro, Lucas P. Bersamin, and Martin S. Villarama, Jr., Members, First Division, this 10th day of March 2010.
Very truly yours,
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court