GR 172607; (April, 2009) (Digest)
G.R. No. 172607 April 16, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. RUFINO UMANITO, Appellant.
FACTS
The case involves a charge of rape. The Regional Trial Court (RTC) of Bauang, La Union, Branch 67, found accused Rufino Umanito guilty beyond reasonable doubt of rape, sentencing him to reclusion perpetua and ordering him to indemnify the private complainant, AAA, in the sum of ₱50,000.00. The Court of Appeals affirmed the judgment. Umanito appealed to the Supreme Court. The alleged 1989 rape resulted in AAA’s pregnancy and the birth of a child, BBB. In a Resolution dated October 26, 2007, the Supreme Court, acknowledging incongruent assertions from both sides and Umanito’s defense of alibi, deemed it crucial to determine if Umanito was BBB’s father. The Court applied the New Rules on DNA Evidence for the first time and remanded the case to the RTC for reception of DNA evidence. The RTC, presided by Judge Ferdinand A. Fe, conducted hearings where AAA and BBB manifested willingness to undergo DNA testing. The National Bureau of Investigation (NBI) was selected to conduct the test. Biological samples were extracted from AAA and BBB on January 9, 2008, and from Umanito at the New Bilibid Prisons on February 8, 2008, with strict adherence to chain of custody procedures. At the hearing on March 28, 2008, NBI forensic chemist Mary Ann Aranas testified that the DNA analysis showed a complete match in all 15 loci tested between Umanito and BBB, with a 99.9999% probability of paternity. The defense did not object to the admissibility of the DNA evidence. During a hearing on April 29, 2008, Umanito, through counsel, manifested he would not present evidence to dispute the DNA findings. Subsequently, Umanito filed a Motion to Withdraw Appeal dated February 16, 2009.
ISSUE
Whether the Motion to Withdraw Appeal filed by appellant Rufino Umanito should be granted.
RULING
The Supreme Court GRANTED the Motion to Withdraw Appeal. By filing the motion, Umanito is deemed to have acceded to the rulings of the RTC and the Court of Appeals finding him guilty of rape and imposing the corresponding penalties. The Court-ordered DNA testing results, which established a 99.9999% probability that Umanito is the biological father of BBB, conformed with the conclusions of the lower courts. No cause was presented to deviate from the penalties imposed. Consequently, the assailed Decision of the Court of Appeals dated February 15, 2006, was deemed final upon the withdrawal of the appeal. The case was declared CLOSED and TERMINATED.