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Republic of the Philippines
SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 179051               March 28, 2008

PEOPLE OF THE PHILIPPINES, Appellee,
vs.
GILBERT MALLARI y TAYAG, Appellant.

R E S O L U T I O N

CORONA, J.:

On August 30, 1994, appellant Gilbert Mallari y Tayag was charged with forcible abduction with rape¹ in the Regional Trial Court (RTC) of Naga City, Branch 25 under the following information:

Criminal Case No. 94-5604

That on or about August 28, 1994, in the City of Naga, Philippines and within the jurisdiction of this Honorable Court, [appellant], with lewd design take and carry away by the use of a motor vehicle the herein complainant against her will while walking alone at Barlin Street and once [appellant] was in possession of the herein complainant, by means of force, violence and intimidations and threats and with the use of a bladed weapon, did then and there, wilfully, unlawfully and feloniously have sexual intercourse with the undersigned complainant against her will.

That the commission of said offense is attended by the aggravating circumstance of use of motor vehicle and disregard of sex and age and superior strength.

Upon arraignment, appellant pleaded not guilty.

The prosecution essentially established that appellant forced complainant AAA to board his vehicle and to engage in sexual intercourse with him. AAA testified that she feared appellant because he was armed with a fan knife. Moreover, he kept threatening to kill her and to chop up her cadaver if she did not obey him. For these reasons, she failed to offer any resistance and appellant succeeded in carrying out his bestial design.

For his defense, appellant asserted that AAA voluntarily engaged in sexual intercourse with him.1avvphil

In a decision dated April 28, 1997,² the Regional Trial Court (RTC) found appellant guilty beyond reasonable doubt of rape:

WHEREFORE, this Court finds [appellant] guilty beyond reasonable doubt of the crime of Rape defined and penalized under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 and hereby sentences [him] to suffer the penalty of RECLUSION PERPETUA and to pay [AAA] the sum of ₱50,000 as moral damages and to pay the cost of suit. Attorney’s fee is pro bono.

SO ORDERED.

The Court of Appeals (CA), on intermediate appellate review, affirmed the findings and ruling of the RTC with modification as to the amount of the damages. ³ In addition to moral damages, appellant was ordered to pay civil indemnity in the amount of ₱50,000.⁴

We affirm the decision of the CA.

There is no reason to disturb the findings of the RTC as affirmed by the CA. The records are replete with evidence establishing appellant’s guilt beyond reasonable doubt.

WHEREFORE, the January 31, 2007 decision of the Court of Appeals in CA-G.R. CR-H.C. No. 02209 finding appellant Gilbert Mallari y Tayag guilty of simple rape is hereby AFFIRMED. Appellant is sentenced to suffer the penalty of reclusion perpetua. He is further ordered to pay AAA ₱50,000 as civil indemnity and ₱50,000 as moral damages.

Costs against appellant.

SO ORDERED.

RENATO C. CORONA
Associate Justice

WE CONCUR:

REYNATO S. PUNO
Chief Justice
Chairperson

ANTONIO T. CARPIO Associate Justice

ADOLFO S. AZCUNA Associate Justice

TERESITA J. LEONARDO-DE CASTRO
Associate Justice

C E R T I F I C A T I O N

Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division.

REYNATO S. PUNO
Chief Justice

Footnotes

¹ Docketed as Criminal Case No. 94-5604.

² Penned by Judge Jose T. Atienza. CA rollo, pp. 38-78.

³ Penned by Associate Justice Myrna Dimaranan Vidal and concurred in by Associate Justices Jose L. Sabio, Jr. and Jose C. Reyes, Jr. of the Twelfth Division of the Court of Appeals. Dated January 31, 2007. Rollo, pp. 3-26.

⁴ See People v. Mendoza, 440 Phil. 775, 785-786 (2002).

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