People vs Lizada G.R. No. 143468-71. January 24, 2003
PEOPLE OF THE
PHILIPPINES vs. FREDIE LIZADA (G.R. No. 143468-71. January 24, 2003)
Ponente: Justice Romeo Callejo, Sr.
This is an automatic review
of the Decision of the Regional Trial Court of Manila, Branch 54,
finding accused-appellant Freedie Lizada guilty beyond reasonable doubt of four
(4) counts of qualified rape and meting on him the death penalty for each count
as provided for in the seventh paragraph, no. 1, Article 335 of the
Revised Penal Code.
sometime in August 1998, on or about November 5, 1998, on or about October 22, 1998,on or about September 15, 1998,
ISSUE:
THE TRIAL COURT GRAVELY ERRED IN NOT
MAKING A FINDING OF FACT IN ITS DECISION AND SUCH FAILURE IS A REVERSIBLE
ERROR.
THE TRIAL COURT GRAVELY ERRED
IN CONVICTING ACCUSED-APPELLANT OF FOUR (4) COUNTS OF RAPE DESPITE FAILURE OF
THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT
In this case, the trial court failed
to comply with the requirements under the Constitution and the Rules on
Criminal Procedure. It merely summarized the testimonies of the witnesses of
the prosecution and of accused-appellant on direct and cross examinations and
merely made referral to the documentary evidence of the parties then concluded
that, on the basis of the evidence of the prosecution, accused-appellant is
guilty of four (4) counts of rape and sentenced him to death, on each count.
The trial court even failed to
specifically state the facts proven by the prosecution based on their evidence,
the issues raised by the parties and its resolution of the factual and legal
issues, as well as the legal and factual bases for convicting accused-appellant
of each of the crimes charged. The trial court rendered judgment against
accused-appellant with the curt declaration in the decretal
portion of its decision that it did so based on the evidence of the
prosecution. The trial court swallowed hook, line and sinker the evidence of
the prosecution. It failed to explain in its decision why it believed and gave
probative weight to the evidence of the prosecution. Reading the decision of
the trial court, one is apt to conclude that the trial court ignored the
evidence of accused-appellant. The trial court did not even bother specifying
the factual and legal bases for its imposition of the supreme penalty of death
on accused-appellant for each count of rape. The trial court merely cited
seventh paragraph, no. 1, Article 335 of the Revised Penal Code. The decision
of the trial court is a good example of what a decision, envisaged in the
Constitution and the Revised Rules of Criminal Procedure, should not be.
The Court would normally remand the
case to the trial court because of the infirmity of the decision of the trial
court, for compliance with the constitutional provision. However, to avert
further delay in the disposition of the cases, the Court decided to resolve the
cases on their merits considering that all the records as well as the evidence
adduced during the trial had been elevated to the Court. The parties
filed their respective briefs articulating their respective stances on the
factual and legal issues.
CONCLUSIONS of the
Medico Legal on Analia Orillosa:
1). No evident sign
of extragenital physical injuries noted on the body of the subject at the time
of examination.
2). Hymen, intact and its
orifice small (1.5 cms. in diameter) as to preclude complete
penetration by an average-sized adult Filipino male organ in full erection
without producing any genital injury
The barefaced fact that
private complainant remained a virgin up to 1998 does not preclude her having
been repeatedly sexually abused by accused-appellant. The private complainant
being of tender age, it is possible that the penetration of the male organ went
only as deep as her labia. Whether or not the hymen of private complainant
was still intact has no substantial bearing on accused-appellants commission of
the crime. Even the slightest penetration of the labia by the male organ or the mere entry of the penis into
the aperture constitutes consummated rape. It is sufficient that there be
entrance of the male organ within the labia of the pudendum.
IN LIGHT OF ALL THE FOREGOING, the Decision of the Regional Trial Court of Manila, Branch 54, is SET ASIDE. Another judgment is hereby rendered as follows:
sometime in August
1998, SC – simple rape, reclusion perpertua
on or about
November 5, 1998, SC - attempted rape, six years of prision correccional in
its maximum period, as minimum to ten years of prision
mayor in its medium period, as maximum
on or about October
22, 1998, SC – simple rape, reclusion
perpertua
on or about September 15, 1998, SC –
simple rape, reclusion perpertua
Davide,
Jr., C.J., Puno, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago,
Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, and
Azcuna, JJ., concur.
Bellosillo, J., on leave.
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