GR 269240; (June, 2024) (Digest)
G.R. No. 269240 , June 05, 2024
AVAIL JOHN DOMINGO Y LINATOC, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.
FACTS
Petitioner Avail John Domingo y Linatoc filed a Motion for Reconsideration against a Supreme Court Resolution dated January 29, 2024, which denied his petition for review on certiorari. The petition assailed the Decision and Resolution of the Court of Appeals that affirmed his conviction. The petitioner was convicted for violation of Section 5(b) of Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act). The prosecution established that the petitioner convinced the 12-year-old complainant that they were husband and wife in the eyes of God, leading to sexual abuse. In his motion, the petitioner again attacked the credibility of the complainant (AAA) and her father (BBB), contending their behavior was unusual and their testimonies were inconsistent regarding the date, exact place, persons present during the offense, and persons who requested the complainant live with him.
ISSUE
Whether the Motion for Reconsideration should be granted based on the alleged inconsistencies in the testimonies of the prosecution witnesses, which the petitioner claims affect their credibility.
RULING
The Supreme Court DENIED the Motion for Reconsideration for lack of merit. The Court held that the issue of the prosecution witnesses’ credibility had already been settled thrice: by the trial court, the appellate court, and the Supreme Court itself. The alleged inconsistencies referred to trivial matters that did not alter the petitioner’s liability for sexual abuse. The prosecution had established all elements of the violation of Section 5(b) of R.A. No. 7610 beyond reasonable doubt. The petitioner failed to raise any new or substantial issue warranting reconsideration. The Court AFFIRMED WITH MODIFICATION the Court of Appeals’ Decision and Resolution. The petitioner is found GUILTY and sentenced to an indeterminate penalty of eight years and eight months of prision mayor as minimum to 18 years of reclusion temporal as maximum. He is ordered to pay PHP 50,000.00 as civil indemnity, PHP 50,000.00 as moral damages, PHP 50,000.00 as exemplary damages, and a PHP 15,000.00 fine, all with 6% annual legal interest, in furtherance of the objectives of R.A. No. 7610 .