People v. Moya

 

People v. Moya

G.R. No. 22860

June 10, 2019

FACTS:

                The RTC and CA convicted Elmer Moya for the crime of Rape and Qualified Rape under Art. 266-A of the RPC. On July 20, 2008, AAA, 3 the victim, then thirteen (13) years old (born on July 25, 1995) and the sister of appellant, was sleeping in the other room of appellant's house. AAA was awakened when appellant entered the room. Appellant then placed his hand on AAA's mouth and started to undress her by removing her shorts and underwear. AAA could not shout for help since appellant had placed his hand on her mouth. Thereafter, on July 27, 2008, at around 8:30 p.m., the same incident took place. Appellant placed his hand on AAA's mouth and started to undress her. Afterwards, appellant inserted his penis into AAA' s vagina and ejaculated. AAA did not tell anyone about the incident because she was afraid that no one would believe her. Appellant likewise threatened AAA by telling her that she would be killed if someone finds out about the incident. Again, on August 3, 2008, at around 8:00 p.m., appellant entered the room of AAA and the former placed his hand on the mouth of the latter. Appellant undressed AAA and, thereafter, appellant ejac:ulated. Then on August 14, 2008, at around 8:30 p.m., AAA was in the house of appellant and was awakened when appellant entered her room. Appellant then placed his hand on AAA's face and proceeded to undress her. Thereafter, appellant inserted his finger into AAA' s vagina. On October 21, 2008, Police Superintendent Roy A. Camarillo, MD, MBA, Medico-Legal Officer, examined AAA.

ISSUE:

                Whether or not the CA erred in affirming the RTC

HELD:

                No. Article 266-A, in relation to Article 266-B of the RPC, as amended by Republic Act No. 7610 and Section 2(g) of its Implementing Rules and Regulations, provides the following: ways: Article 266-A. Rape: When And How Committed. - Rape is committed: 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. 2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or oral orifice of another person. The following elements of sexual abuse under Section 5, Article III of R.A. No. 7610 must be established: 1. The accused commits the act of sexual intercourse or lascivious conduct. 2. The said act is performed with a child exploited in prostitution or subjected to other sexual abuse. 3. The child, whether male or female, is below 18 years of age. herefore, the evidence presented by the prosecution has convincingly established the guilt of the appellant on all cases beyond reasonable doubt. The credibility given by the trial court to AAA is an important aspect of evidence which the appellate court can rely on because of its unique opportunity to observe the witnesses, particularly their demeanor, conduct and attitude during the direct and cross-examination by counsel. There is no showing that the trial court judge overlooked, misunderstood, or misapplied some facts or circumstances of weight which would affect the result of the case, his assessment of credibility deserves this Court's highest respect.