Republic of the Philippines

COURT OF APPEALS
Manila

FORMER ELEVENTH (11TH) DIVISION

PEOPLE OF THE PHILIPPINES, CA-G.R. CR-HC NO. 09212

Plaintiff-Appellee,
Members:

- versus - BATO, R.M., JR.., Chairperson,

CRUZ, R.A., and
PEREZ, P.A., JJ.
FERDINAND ONDA y DIOKNO,
Accused-Appellant. Promulgated:

November 13, 2018

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RESOLUTION
Cruz, R.A., J.:
Accused-appellant filed a Motion for Reconsideration of Our
Decision dated March 13, 2018, raising the following grounds, to wit:
I
THE PROSECUTION HAS NOT ESTABLISHED ALL THE
ELEMENTS OF THE CRIME OF RAPE.
II
TESTIMONIAL EVIDENCE, IN ORDER TO BE
BELIEVED, MUST NOT ONLY COME FROM CREDIBLE
LIPS BUT MUST BE CREDIBLE IN SUBSTANCE.
III
FLIGHT, IN ORDER TO BE CONSIDERED AS AN
INDICATION OF GUILT, PRESUPPOSES THAT A
PERSON ESCAPES FROM THE AUTHORITIES TO
EVADE PROSECUTION.
IV
IF THE EVIDENCE IS SUSCEPTIBLE OF TWO
INTERPRETATIONS, THE ONE CONSISTENT WITH
THE INNOCENCE OF THE ACCUSED MUST BE
UPHELD.
C.A-G.R. CR-HC No. 09212 Page 2 of 2
RESOLUTION

These issues were already duly discussed in the assailed

Decision, that to discuss them anew would only be superfluous, since
no new matters were raised by the accused-appellant that would
warrant a reversal or modification of Our Decision.
Accordingly, the Motion for Reconsideration is hereby DENIED
for lack of merit.

SO ORDERED.
RAMON A. CRUZ
Associate Justice

WE CONCUR:

RAMON M. BATO, JR. PABLITO A. PEREZ

Associate Justice Associate Justice