THE PEOPLE OF THE PHILIPPINES VS. RUFINO
UMANITO G.R. No.
172607, April 16, 2009
Criminal Case Digest / Digested Case
Criminal Case Digest / Digested Case
Use of DNA Evidence in Rape
FACTS:
In a Supreme Court Resolution dated 26 October 2007, the Court Resolved, for the very first time, to apply the then recently promulgated New Rules on DNA Evidence (DNA Rules)in a case pending before it – this case. The SC remanded the case to the RTC for reception of DNA evidence in accordance with the terms of said Resolution, and in light of the fact that the impending exercise would be the first application of the procedure, directed Deputy Court Administrator Reuben Dela Cruz to: (a) monitor the manner in which the court a quo carries out the DNA Rules; and (b) assess and submit periodic reports on the implementation of the DNA Rules in the case to the Court.
To recall, the instant case involved a charge of rape. The accused Rufino Umanito (UMANITO) was found by the Regional Trial Court (RTC) of Bauang, La Union, Branch 67 guilty beyond reasonable doubt of the crime of rape. UMANITO was sentenced to suffer the penalty of reclusion perpetua and ordered to indemnify the private complainant in the sum of P50,000.00. On appeal, the Court of Appeals offered the judgment of the trial court. UMANITO appealed the decision of the appellate court to this court.
In its 2007 Resolution, the Court acknowledged "many incongruent assertions of the prosecution and the defense."At the same time, the alleged 1989 rape of the private complainant, AAA, had resulted in her pregnancy and the birth of a child, a girl hereinafter identified as "BBB." In view of that fact, a well as the defense of alibi raised by UMANITO, the Court deemed uncovering of whether or not UMANITO is the father of BBB greatly determinative of the resolution of the appeal.
There is a COMPLETE MATCH in all the fifteen (15) loci tested between the alleles of Rufino UMANITO y Millares and [BBB].
NOTE:
UMANITO in this case filed an action to withdraw appeal.
RULING:
By filing such motion, UMANITO is deemed to have acceded to the rulings of the RTC and the Court of Appeals finding him guilty of the crime of rape, and sentencing him to suffer the penalty of reclusion perpetua and the indemnification of the private complainant in the sum of P50,000.00. Given that the results of the Court-ordered DNA testing conforms with the conclusions of the lower courts, and that no cause is presented for us to deviate from the penalties imposed below, the Court sees no reason to deny UMANITO’s Motion to Withdraw Appeal. Consequently, the assailed Decision of the Court of Appeals dated 15 February 2006 would otherwise be deemed final if the appeal is not withdrawn.
Note: IN RE: THE WRIT OF HABEAS CORPUS FOR REYNALDO DE VILLA (detained at the New Bilibid Prisons, Muntinlupa City) vs. THE DIRECTOR, NEW BILIBID PRISO
THE PEOPLE OF THE PHILIPPINES VS. RUFINO
UMANITO