569 Phil. 298
VELASCO JR., J.:
That on or about the last week of May 1995 at [B]arangay Linmansangan, [M]unicipality of Binalonan, [P]rovince of Pangasinan and within the jurisdiction of this Honorable Court, said accused who is the father of the victim, by means of force and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge on the person of AAA, a [13-year old woman], against her will.[9]When arraigned, accused-appellant pleaded not guilty to the crime charged.[10] During the trial, he interposed denial and alibi as his defenses. He alleged that he had been working in Binangonan, Rizal from March 1995 to August 1995. He also claimed going to Binalonan, Pangasinan only once during that period, and that was in June 1995. He did not see his children then because they were in Pozzorubio, Pangasinan where they where studying. Furthermore, he stated that AAA filed the case against him for the reason that he used to whip her very hard on the buttocks with a yard-long piece of wood.[11]
Wherefore, the Court sentences [accused-appellant] to suffer death penalty as provided for by Section 11 of Republic Act [No.] 7659 and to pay the amount of [PhP] 50,000 as moral damages to the victim AAA aside from paying exemplary damages in the amount of [PhP] 30,000 for other fathers not to follow the bad example shown by the accused.Due to the penalty imposed, the case was forwarded to this Court for automatic review and was originally docketed as G.R. No. 135056. However, in accordance with the ruling in People v. Mateo,[13] this Court, in its September 14, 2004 Resolution, transferred this case to the CA for intermediate review.
SO ORDERED.[12]
- Whether or not the Honorable Court of Appeals erred in affirming the decision of the court a quo finding the appellant guilty beyond reasonable of the crime of qualified rape; [and]
- Whether or not the Honorable Court of Appeals erred in increasing the amount of damages awarded by the court a quo.[14]
SEC. 3. How appeal taken.—(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction, shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party.The provision provides that where the penalty imposed by the RTC is reclusion perpetua or life imprisonment, an appeal is made directly to this Court by filing a notice of appeal with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party. On the other hand, a case where the penalty imposed is death will be automatically reviewed by the Court without a need for filing a notice of appeal.
(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42.
(c) The appeal to the Supreme Court in cases where the penalty imposed by the Regional Trial Court is death, reclusion perpetua, or life imprisonment, or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed, shall be by filing a notice of appeal in accordance with paragraph (a) of this section.
(d) No notice of appeal is necessary in cases where the death penalty is imposed by the Regional Trial Court. The same shall be automatically reviewed by the Supreme Court as provided in section 10 of this Rule.
(e) Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the Supreme Court shall be by petition for review on certiorari under Rule 45.
Rule 122Also affecting the rules on appeal is the enactment of Republic Act No. (RA) 9346 or An Act Prohibiting the Imposition of the Death Penalty in the Philippines, which took effect on June 29, 2006. Under Sec. 2 of RA 9346, the imposition of the death penalty is prohibited, and in lieu thereof, it imposes the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code (RPC); or life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the RPC. Consequently, in the provisions of the Rules of Court on appeals, death penalty cases are no longer operational.
Sec. 3. How appeal taken.—(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction, shall be by notice of appeal filed with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party.
(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42.
(c) The appeal in cases where the penalty imposed by the Regional Trial Court is reclusion perpetua, life imprisonment or where a lesser penalty is imposed for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more, serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed, shall be by notice of appeal to the Court of Appeals in accordance with paragraph (a) of this Rule.
(d) No notice of appeal is necessary in cases where the Regional Trial Court imposed the death penalty. The Court of Appeals shall automatically review the judgment as provided in Section 10 of this Rule.
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Sec. 10. Transmission of records in case of death penalty.—In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Court of Appeals for automatic review and judgment within twenty days but not earlier than fifteen days from the promulgation of the judgment or notice of denial of a motion for new trial or reconsideration. The transcript shall also be forwarded within ten days after the filing thereof by the stenographic reporter. (Emphasis supplied.)
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Rule 124
Sec. 12. Power to receive evidence.—The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings. Trials or hearings in the Court of Appeals must be continuous and must be completed within three months, unless extended by the Chief Justice. 12(a)
Sec. 13. Certification or appeal of case to the Supreme Court.—(a) Whenever the Court of Appeals finds that the penalty of death should be imposed, the court shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review.
(b) Where the judgment also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed, and the accused appeals, the appeal shall be included in the case certified for review to, the Supreme Court.
(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals. (Emphasis supplied.)
The appellant attempted to show, [through a witness, his brother-in-law], that he was at [his brother-in-law’s] birthday party held in Binangonan, Rizal on May 27, 1995. Such fact, even if it were true, did not eliminate the possibility of his traveling to Binalonan, Pangasinan anytime after May 27, 1995. x x x
x x x x
To be reliable, alibi must be supported by credible corroboration, preferably from disinterested witnesses who swear that they saw or were with the accused somewhere else when the crime was being committed. In this case, the appellant’s alibi, though corroborated by [his mother], [niece] and [brother-in-law], was not credible for the obvious reason that they were his close relatives, not disinterested persons. Alibi is regarded as weak if it is established wholly or mainly by the accused himself or his relatives, and so should fail as a defense once the accused is positively identified by the victim herself.[24]