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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
June-1995 Jurisprudence                 

  • G.R. No. 87775 June 1, 1995 : PEOPLE OF THE PHIL. vs. FEDERICO DADO

  • G.R. Nos. 97162-64 June 1, 1995 : ALFREDO L. OANIA, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 101309 June 1, 1995 : PEOPLE OF THE PHIL. vs. FELICIANO STA. AGATA

  • G.R. No. 106283 June 1, 1995 : PEOPLE OF THE PHIL. vs. RICHARD VALLENA

  • G.R. No. 107751 June 1, 1995 : LETICIA LIGON vs. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-94-894 MTJ June 2, 1995 : FELIXBERTO N. BOQUIREN vs. EMPERATRIZ DEL ROSARIO-CRUZ, ET AL.

  • Adm. Matter No. P-94-1057 June 2, 1995 : CRISPO B. BORJA, SR. vs. ROQUE ANGELES

  • G.R. No. 74240 June 2, 1995 : PEOPLE OF THE PHIL. vs. DAVID B. SUNGA

  • G.R. No. 75723 June 2, 1995 : SIMEON FLORO vs. ORLANDO A. LLENADO

  • G.R. No. 100921 June 2, 1995 : PEOPLE OF THE PHIL. vs. ALBERTO B. SOMOOC

  • G.R. No. 102253 June 2, 1995 : SOUTH SEA SURETY AND INSURANCE COMPANY, INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 107225 June 2, 1995 : ARCHILLES MANUFACTURING CORPORATION, ET AL. vs. NLRC, ET AL.

  • G.R. No. 111484 June 2, 1995 : MARIANO R. DE LUNA vs. COURT OF APPEALS, ET AL.

  • G.R. No. 112844 June 2, 1995 : PHILIPPINE MERCHANT MARINE SCHOOL, INC., ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 113843 June 2, 1995 : LIWAYWAY VINZONS-CHATO vs. ELI G.C. NATIVIDAD

  • G.R. No. 114787 June 2, 1995 : MAM REALTY DEVELOPMENT CORPORATION, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Adm. Matter No. RTJ-94-1150 June 5, 1995 : JULIO V. CUI, ET AL. vs. JOB B. MADAYAG

  • G.R. No. 102522 June 5, 1995 : PEOPLE OF THE PHIL. vs. JUDRITO B. ADAYA

  • G.R. No. 115829 June 5, 1995 : MARIANO T. NASSER vs. COURT OF APPEALS, ET AL.

  • G.R. No. 117438 June 8, 1995 : RAUL SESBREÑO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 91890 June 9, 1995 : PHILIPPINE AIRLINES, INC. vs. COMMISSION ON AUDIT, ET AL.

  • Adm. Matter No. P-95-1142 June 16, 1995 : OFFICE OF THE COURT ADMINISTRATOR vs. MANUEL B. GADON, ET AL.

  • Adm. Matter No. RTJ-94-1217 June 16, 1995 : RODRIGO SANTOS vs. CARLOS C. OFILADA

  • G.R. Nos. 73257-58 June 16, 1995 : PEOPLE OF THE PHIL. vs. RICARDO CAYANAN, ET AL.

  • G.R. No. 97285 June 16, 1995 : PEOPLE OF THE PHIL. vs. CRESENTE PIJA, ET AL.

  • G.R. No. 102719 June 16, 1995 : PEOPLE OF THE PHIL. vs. RONNIE QUINONES

  • G.R. No. 104662 June 16, 1995 : PEOPLE OF THE PHIL. vs. LEONARDO M. LOPEZ

  • G.R. No. 107362 June 16, 1995 : PEOPLE OF THE PHIL. vs. BERNARD SIA

  • G.R. No. 112313 June 16, 1995 : BIENVENIDO S. EVANGELISTA vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 114138 June 16, 1995 : PONCIANO LAYUG vs. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 111810-11 June 16, 1995 : JAMES YU, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 85723 June 19, 1995 : BIENVENIDO RODRIGUEZ vs. COURT OF APPEALS, ET AL.

  • G.R. No. 96107 June 19, 1995 : CORAZON JALBUENA DE LEON vs. COURT OF APPEALS, ET AL.

  • G.R. No. 98395 June 19, 1995 : GOVERNMENT SERVICE INSURANCE SYSTEM vs. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 99858 June 19, 1995 : PHILIPPINE TELEGRAPH AND TELEPHONE CORP. vs. NLRC, ET AL.

  • G.R. Nos. 104687-88 June 19, 1995 : PONCIANO CORTEZ, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 107979 June 19, 1995 : DANILO F. GATCHALIAN vs. COURT OF APPEALS, ET AL.

  • G.R. No. 111342 June 19, 1995 : PORFIRIO BALLADARES, JR., ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Adm. Matter No. MTJ-95-1035 June 21, 1995 : EMETERIO GALLO vs. JOSE CORDERO

  • Adm. Matter No. P-93-799 June 21, 1995 : NELIA B. ESMERALDA-BAROY vs. JUVY N. COSCA

  • Adm. Matter No. P-95-1119 June 21, 1995 : ROSALIND M. APAGA vs. PHOEBE P. PONCE

  • G.R. No. 57023 June 22, 1995 : RAYMUNDO DE LA PAZ, ET AL. vs. DOMINGO D. PANIS

  • G.R. No. 96754 June 22, 1995 : JAMES L. CHIONGBIAN, ET AL. vs. OSCAR M. ORBOS, ET AL.

  • G.R. No. 105135 June 22, 1995 : SUNLIFE ASSURANCE COMPANY OF CANADA vs. COURT OF APPEALS, ET AL.

  • G.R. No. 108490 June 22, 1995 : PEOPLE OF THE PHIL. vs. RENATO CANTURIA, ET AL.

  • Adm. Matter No. MTJ-93-884 June 23, 1995 : JULIUS N. RABOCA vs. GREGORIO D. PANTANOSAS, JR.

  • Adm. Matter No. P-89-384 June 23, 1995 : PEDRO SAN JOSE vs. BENJAMIN CENTENO

  • Adm. Matter No. RTJ-95-1317 June 27, 1995 : DALMACIO CELINO vs. ZEUS C. ABROGAR

  • G.R. Nos. 101107-08 June 27, 1995 : PEOPLE OF THE PHIL. vs. ROMEO B. BARROS

  • G.R. No. 106082 June 27, 1995 : LORETO VDA. DE BALTAZAR, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 108662 June 27, 1995 : PEOPLE OF THE PHIL. vs. FERNANDO N. HALILI

  • G.R. No. 111105 June 27, 1995 : ROLANDO REVIDAD, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 111190 June 27, 1995 : LORETO D. DE LA VICTORIA vs. JOSE BURGOS, ET AL.

  • G.R. No. 112850 June 27, 1995 : GREENHILLS AIRCON SERVICES, INC., ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113690 June 27, 1995 : PEOPLE OF THE PHIL. vs. VICENTE VITOR

  • G.R. No. 115656 June 27, 1995 : PEOPLE OF THE PHIL. vs. NILO B. RAMOS

  • Adm. Matter No. P-94-1056 June 29, 1995 : ALFONSO L. VELASCO vs. MA. LOURDES C. PASCUAL

  • G.R. No. 87187 June 29, 1995 : PEOPLE OF THE PHIL. vs. PAULINO O. RIVERA

  • G.R. Nos. 112070-71 June 29, 1995 : PEOPLE OF THE PHIL. vs. SIXTO VIÑAS, SR., ET AL.

  • G.R. No. 114091 June 29, 1995 : BACALTOS COAL MINES, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 117186 June 29, 1995 : ALLAN M. LOYOLA vs. COURT OF APPEALS, ET AL.

  • G.R. No. 104234 June 30, 1995 : AIR FRANCE vs. COURT OF APPEALS, ET AL.

  • G.R. No. 107623 June 30, 1995 : PEOPLE OF THE PHIL. vs. ANGELITO P. MANALO

  • G.R. No. 110889 June 30, 1995 : JOY L. BOMBASE vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 87775 June 1, 1995 - PEOPLE OF THE PHIL. v. FEDERICO DADO

  • G.R. Nos. 97162-64 June 1, 1995 - ALFREDO L. OANIA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 101309 June 1, 1995 - PEOPLE OF THE PHIL. v. FELICIANO STA. AGATA

  • G.R. No. 106283 June 1, 1995 - PEOPLE OF THE PHIL. v. RICHARD VALLENA

  • G.R. No. 107751 June 1, 1995 - LETICIA LIGON v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-94-894 MTJ June 2, 1995 - FELIXBERTO N. BOQUIREN v. EMPERATRIZ DEL ROSARIO-CRUZ, ET AL.

  • Adm. Matter No. P-94-1057 June 2, 1995 - CRISPO B. BORJA, SR. v. ROQUE ANGELES

  • G.R. No. 74240 June 2, 1995 - PEOPLE OF THE PHIL. v. DAVID B. SUNGA

  • G.R. No. 75723 June 2, 1995 - SIMEON FLORO v. ORLANDO A. LLENADO

  • G.R. No. 100921 June 2, 1995 - PEOPLE OF THE PHIL. v. ALBERTO B. SOMOOC

  • G.R. No. 102253 June 2, 1995 - SOUTH SEA SURETY AND INSURANCE COMPANY, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107225 June 2, 1995 - ARCHILLES MANUFACTURING CORPORATION, ET AL. v. NLRC, ET AL.

  • G.R. No. 111484 June 2, 1995 - MARIANO R. DE LUNA v. COURT OF APPEALS, ET AL.

  • G.R. No. 112844 June 2, 1995 - PHILIPPINE MERCHANT MARINE SCHOOL, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113843 June 2, 1995 - LIWAYWAY VINZONS-CHATO v. ELI G.C. NATIVIDAD

  • G.R. No. 114787 June 2, 1995 - MAM REALTY DEVELOPMENT CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Adm. Matter No. RTJ-94-1150 June 5, 1995 - JULIO V. CUI, ET AL. v. JOB B. MADAYAG

  • G.R. No. 102522 June 5, 1995 - PEOPLE OF THE PHIL. v. JUDRITO B. ADAYA

  • G.R. No. 115829 June 5, 1995 - MARIANO T. NASSER v. COURT OF APPEALS, ET AL.

  • G.R. No. 117438 June 8, 1995 - RAUL SESBREÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 91890 June 9, 1995 - PHILIPPINE AIRLINES, INC. v. COMMISSION ON AUDIT, ET AL.

  • Adm. Matter No. P-95-1142 June 16, 1995 - OFFICE OF THE COURT ADMINISTRATOR v. MANUEL B. GADON, ET AL.

  • Adm. Matter No. RTJ-94-1217 June 16, 1995 - RODRIGO SANTOS v. CARLOS C. OFILADA

  • G.R. Nos. 73257-58 June 16, 1995 - PEOPLE OF THE PHIL. v. RICARDO CAYANAN, ET AL.

  • G.R. No. 97285 June 16, 1995 - PEOPLE OF THE PHIL. v. CRESENTE PIJA, ET AL.

  • G.R. No. 102719 June 16, 1995 - PEOPLE OF THE PHIL. v. RONNIE QUINONES

  • G.R. No. 104662 June 16, 1995 - PEOPLE OF THE PHIL. v. LEONARDO M. LOPEZ

  • G.R. No. 107362 June 16, 1995 - PEOPLE OF THE PHIL. v. BERNARD SIA

  • G.R. No. 112313 June 16, 1995 - BIENVENIDO S. EVANGELISTA v. SANDIGANBAYAN, ET AL.

  • G.R. No. 114138 June 16, 1995 - PONCIANO LAYUG v. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 111810-11 June 16, 1995 - JAMES YU, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 85723 June 19, 1995 - BIENVENIDO RODRIGUEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 96107 June 19, 1995 - CORAZON JALBUENA DE LEON v. COURT OF APPEALS, ET AL.

  • G.R. No. 98395 June 19, 1995 - GOVERNMENT SERVICE INSURANCE SYSTEM v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 99858 June 19, 1995 - PHILIPPINE TELEGRAPH AND TELEPHONE CORP. v. NLRC, ET AL.

  • G.R. Nos. 104687-88 June 19, 1995 - PONCIANO CORTEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107979 June 19, 1995 - DANILO F. GATCHALIAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111342 June 19, 1995 - PORFIRIO BALLADARES, JR., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Adm. Matter No. MTJ-95-1035 June 21, 1995 - EMETERIO GALLO v. JOSE CORDERO

  • Adm. Matter No. P-93-799 June 21, 1995 - NELIA B. ESMERALDA-BAROY v. JUVY N. COSCA

  • Adm. Matter No. P-95-1119 June 21, 1995 - ROSALIND M. APAGA v. PHOEBE P. PONCE

  • G.R. No. 57023 June 22, 1995 - RAYMUNDO DE LA PAZ, ET AL. v. DOMINGO D. PANIS

  • G.R. No. 96754 June 22, 1995 - JAMES L. CHIONGBIAN, ET AL. v. OSCAR M. ORBOS, ET AL.

  • G.R. No. 105135 June 22, 1995 - SUNLIFE ASSURANCE COMPANY OF CANADA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108490 June 22, 1995 - PEOPLE OF THE PHIL. v. RENATO CANTURIA, ET AL.

  • Adm. Matter No. MTJ-93-884 June 23, 1995 - JULIUS N. RABOCA v. GREGORIO D. PANTANOSAS, JR.

  • Adm. Matter No. P-89-384 June 23, 1995 - PEDRO SAN JOSE v. BENJAMIN CENTENO

  • Adm. Matter No. RTJ-95-1317 June 27, 1995 - DALMACIO CELINO v. ZEUS C. ABROGAR

  • G.R. Nos. 101107-08 June 27, 1995 - PEOPLE OF THE PHIL. v. ROMEO B. BARROS

  • G.R. No. 106082 June 27, 1995 - LORETO VDA. DE BALTAZAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108662 June 27, 1995 - PEOPLE OF THE PHIL. v. FERNANDO N. HALILI

  • G.R. No. 111105 June 27, 1995 - ROLANDO REVIDAD, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 111190 June 27, 1995 - LORETO D. DE LA VICTORIA v. JOSE BURGOS, ET AL.

  • G.R. No. 112850 June 27, 1995 - GREENHILLS AIRCON SERVICES, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113690 June 27, 1995 - PEOPLE OF THE PHIL. v. VICENTE VITOR

  • G.R. No. 115656 June 27, 1995 - PEOPLE OF THE PHIL. v. NILO B. RAMOS

  • Adm. Matter No. P-94-1056 June 29, 1995 - ALFONSO L. VELASCO v. MA. LOURDES C. PASCUAL

  • G.R. No. 87187 June 29, 1995 - PEOPLE OF THE PHIL. v. PAULINO O. RIVERA

  • G.R. Nos. 112070-71 June 29, 1995 - PEOPLE OF THE PHIL. v. SIXTO VIÑAS, SR., ET AL.

  • G.R. No. 114091 June 29, 1995 - BACALTOS COAL MINES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117186 June 29, 1995 - ALLAN M. LOYOLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 104234 June 30, 1995 - AIR FRANCE v. COURT OF APPEALS, ET AL.

  • G.R. No. 107623 June 30, 1995 - PEOPLE OF THE PHIL. v. ANGELITO P. MANALO

  • G.R. No. 110889 June 30, 1995 - JOY L. BOMBASE v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  •  





     
     

    G.R. No. 87775  June 1, 1995 : PEOPLE OF THE PHIL. vs. FEDERICO DADO

     

    THIRD DIVISION


    [G.R. No. 87775. June 1, 1995.]


    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FEDERICO DADO alias "Jun Decoy," "Jun Dacoy," "Federico Dado, Jr." and RENE DADO alias "Kick," Accused. FEDERICO DADO, Accused-Appellant.


    D E C I S I O N


    VITUG, J.:


    Federico Dado 1 appeals from the 18th February 1989 decision, 2 in Criminal Case No. 3931; of the Regional Trial Court of Legazpi City, Branch 2, convicting him of rape and imposing on him the penalty of reclusion perpetua and the payment of an indemnity of twenty thousand pesos (P20,000.00) to the victim Eden Daria.

    Accused-appellant was charged worth one Rene Dado (at large) in an information that read:nadchanroblesvirtualawlibrary

    "That on September 7, 1986 about 11:30 o'clock in the evening ,at Poblacion, Manito, Albay, Philippines, within the Jurisdiction of the Honorable Court, the above-named accused, together with Rene Dado alias 'Kick', whose case in the original complaint is achieved and pending preliminary investigation in the MCTC of Sto. Domingo- Manito, Albay, conspiring together and helping one another for a common purpose, by means of force, threat and intimidation, taking advantage of superior strength, nighttime, and use of deadly weapon, did then and there wilfully, unlawfully and feloniously have one sexual intercourse each worth EDEN DARIA, a 14- year old girl, against her will, and to her damage and prejudice.

    CONTRARY TO LAW." 3

    Federico pleaded not guilty to the accusation. At the trial, the prosecution and the presented their respective evidence. nadchanroblesvirtuallawlibrary

    The case for the prosecution, in brief, can be narrated thusly:nadchanroblesvirtualawlibrary

    On 07 September 1986, Eden Daria, a 14 year old barrio lass from Manito, Albay, along with one Hilga Camacho, attended the "Mr. and Mrs." affair held at the dance hall in the town's poblacion. While the two young girls were on their way back for home from the party at around eleven o'clock in the evening, their path was blocked by Eduardo Arteta, Alias "Edy," and one Diosdado Delposo. All at once, Arteta and Delposo dragged Eden to a nearby school building, leaving Hilga by the road. Arteta poked a knife at Eden's breast while Delposo had another knife pointed at her left side. Arteta and Delposo removed Eden's T-shirt, brassiere and gartered pants. Eden's struggles proved to be of no avail. Arteta laid on top of Eden and forced himself into her. Later, Delposo took his turn. After satisfying their lust, the duo left her.

    Still reeling from the incident, Eden walked towards the direction of the house of an aunt, one Flordeliza Camacho. Along the way, she was approached by Federico Dado, a.k.a. "Jun Decoy." and Rene Dado, a.k.a. "Kick," both her neighbors, and by Noli Trilles, her distant cousin. Federico and Rene, the latter pointing a knife at the still dazed girl. accosted Eden to nearby banana plantation in front of Flordeliza's house. Noli was left by the side of the road. Federico undressed the struggling Eden with the help of Rene. Federico forced Eden to lie on her back, then went on top of her and finally succeeded in entering her. Rene was next to commit the bestial act on the unwilling and frightened victim. Thereafter, Federico and Rene left but not without first threatening Eden with death if she were to reveal the incident to anyone.

    Upon reaching her aunt's house, Eden related to her grandmother, Juanita Daria, the ordeal she had just been through. The next morning, she proceeded to her parents' house and recounted the story to her father, Roger Daria, who promptly brought her to the police headquarters in Manito. Roger also had his daughter medically examined at the rural health office in Manito where Dr. Napoleon Se, the municipal health officer, also treated Eden for her injuries. Dr. Se later executed a medical report indicating a thumb-sized hematoma "below the thyroid area bilateral at the side of the bronchial area" and other injuries in Eden's genital area. Eden, per the medical findings, so suffered "genital trauma" as follows. nadchanroblesvirtuallawlibrary

    "1. Hymen — Laceration found at 3,6,9 o'clock.

    2. Vulva abrasion with hematoma at the anterior lateral and posterior vestal around the vaginal orifice.

    3. Vagina — mucusal abrasion and laceration on the lateral and posterior wall.

    4. Bloody discharge found in the vagina and the vulva." 4

    Two separate criminal cases were filed with the Regional Trial Court of Legaspi City, one against Arteta and Delposo (Branch 9) and the other 5 against Federico Dado and Rene Dado (Branch 2). Federico was apprehended but Rene remained at large. 6

    Federico Dado denied the charge; he submitted the following version:nadchanroblesvirtualawlibrary

    In the afternoon of 07 September 1986, then 21-year old Federico went to visit his father, an amputee, at the latter's residence near the poblacion of Manito. Federico made arrangements with Mariano Dawal, a 74-year old co-resident at Malanto, Manito, who went to town with Federico, for the latter to fetch Federico at the dance hall so that the two could go home together later in the evening. It was around 11:30 that night when Mariano finally arrived at the dance hall. While heading for home, the two later joined by Elias Mariano Dawal, another resident of Malanto. When they about a kilometer away from the dance hall, they saw a couple strolling at some distance ahead of them. When Federico noticed that the couple started to head towards a nearby banana plantation, he decided to follow them in the act of sexual intercourse. When the lovers noticed the presence of Federico , they immediately dressed up and warned Federico not to tell on them. Federico thus told no one, except his wife, about the incident.

    The trial court, not impressed by accused-appellant's story, rendered, on 18 February 1989, a decision Federico of the crime charged.

    The instant appeal questions the trial court's having given full credence to the uncorroborated testimony of Eden.

    Unfortunately for appellant, assessing the credibility of witnesses is an area within the almost exclusive province of a trial judge whose findings and conclusions are normally accorded great weight and respect. 7 In determining the credulity of testimony, significant focus is held to lie on the deportment of, as well as the peculiar manner in which the declaration is made by, the witness in open court. 8 Hardly can an appellate court come close to a trial court in making, from a mere reading of the transcript of stenographic notes, that kind of evaluation.

    In this case , moreover, we see in Eden's vivid account to the court neither a bridled nor an adulterated, but a plain and straightforward, narration of her traumatic experience. It simply would be unnatural for a young and innocent girl to concoct a story of defloration, allow an examination of her private parts, and thereafter subject herself to a public trial or ridicule if she has not, in fact, been a victim of rape and deeply motivated by a sincere desire to have the culprit apprehended and punished. 9 Certainly, her story, hereunder reproduced in her own words, could not have been a mere creation of fertile imagination.

    "Q You said you met the accused Federico Dado and Rene Dado while you were on your home after Eduardo Arteta and Diosdado Del Puso raped you. What happened when you met Federico Dado and Rene Dado?

    "A I was dragged by them.

    "Q Who dragged you?

    "A Federico Dado.

    "Q What about Rene Dado, what did he do to you, if any?

    "A Rene Dado pointed to me the knife.

    "Q Where did he point the knife to you

    "A On the left side of my body (witness pointing to her left side of her body).cralaw

    "Q What about Federico Dado, what did he do to you?

    "COURT

    Already answered. Federico Dado dragged her.

    "Atty. RICAFORT

    "Q Who forced you to lie down?

    "A Federico Dado.

    "Court

    "Q Where was their companion the other man by the name of Nonito Trilles?

    "A He was near the road, Your Honor.

    "Court

    Proceed.

    "Atty RICAFORT

    "Q After you were forced to lie down by Federico Dado, what else happened? What did Federico Dado do to you when you were forced to lie down?

    "A He undressed me.

    "Q Who undressed you?

    "A Federico Dado.

    "Q After you were undressed by Federico Dado, what did he do to you next, if any?

    "A He laid on top of me.

    "Q After he laid on top of you what else did he do to you, if any?

    "A He inserted . . . (witness' voice very low)

    "Atty BONGON

    "We request that the witness be ordered to speak louder so that we can hear.

    "INTERPRETER

    (To witness) Answer now. Do not be ashamed.

    xxx xxx xxx


    "COURT

    The Court will ask question.

    "Q You already began your testimony by declaring when you were asked by your lawyer that Federico Dado inserted his. Will you continue with your answer?

    "WITNESS

    "A (no answer from the witness)

    "Atty BONGON

    We would like to make it of record that despite the question by the Honorable Court the witness does not answer. We would like also to manifest that I am sorry I was not able to hear the beginning of the answer of the witness because she was speaking softly.

    "COURT

    Go to the another point.

    "Atty RICAFORT

    "Q While Federico Dado was on top of you, what was Rene Dado also doing, if any?

    "A Rene Dado just pointed the knife to me.

    "Q In what part of your body did he pointed the knife?

    "A Here only (witness pointing to her left side of her body).cralaw

    "Q While Rene Dado was pointing his knife on your body, what was Federico Dado doing to you while on top of you?

    "A (no answer from the witness)

    xxx xxx xxx


    "Atty RICAFORT

    "Q What was that something which Federico Dado was inserting into yours?

    "A Kinabuhay niya (his sex organ).cralaw

    Q Did he succeed in inserting his organ into yours?

    "Atty BONGON

    Vague, your Honor.

    "Atty RICAFORT

    I reform

    "Q You said Federico Dado was inserting his organ. Where did Federico Dado inserted his organ?

    "Atty BONGON

    Objection, vague. There are many organs, there is the organ of touch, organ of hearing.

    "Atty RICAFORT

    I reform.

    "Q You said you told the Court that Federico Dado was inserting his organ. Where did he insert his sex organ?

    "Atty BONGON

    We will object. The witness did not say sex organ.

    "COURT

    She said 'kinabuhay niya.' As bicolanos we understand that. That is colloquial term. Answer.

    "WITNESS

    "A (no answer from the witness)

    "COURT

    (To witness) you answer the question. The Court is reminding you that you are to testify under oath. You answer.

    "WITNESS

    "A To my sex organ.

    "COURT

    The court will ask.

    "Q What did Federico Dado, the accused, do after he inserted his sex organ into yours?

    "A He left.

    "Atty RICAFORT

    "Q What did you feel when Federico Dado inserted his sex organ into yours?

    "Atty BONGON

    "Q We object. The witness on the witness-stand testified that Federico Dado was inserting his sex organ and then he left. There is no showing that the inserted. He was in the process of inserting, not that he inserted.

    "Atty RICAFORT

    I reform.

    "Q While Federico Dado was inserting his sex organ in to your sex organ, what was Rene Dado doing, if any?

    "A None.

    "COURT

    The Court will ask.

    "Q Was Federico Dado able to insert his sex organ into yours?

    "A Yes, Your Honor.

    "Q And Federico Dado After inserting his sex organ into yours he did nothing but left, that is what you want the Court to believe?

    "A He just stood up first, Your Honor.

    "Atty RICAFORT

    "Q After he stood up, what did you do?

    "A (no answer from the witness)

    "COURT

    The Court will ask.

    "Q When you said Federico Dado, the accused, was inserting his sex organ in to yours, was your legs straight or were they open?

    "A I was made to open my legs.

    "Q How did Federico do it to open your legs?

    "A He pried them with his legs.

    "Q Did you resist or not?

    "A I resisted, Your Honor.

    "Q Did you hit the accused or not?

    "A No, Your Honor.

    "Q When you said Federico Dado took off your dress, were you the one who took off your dress or was it Federico Dado?

    "A They undressed me.

    "Q Did you not struggle when they were undressing you?

    "A I was not able to struggle myself because I was being held.

    "Q By whom?

    "A I was being held by Rene Dado.

    "Q There was an incident just a few hours ago with the other accused, Eduardo Arteta and the other one Diosdado Del Puso. Did you still have a panty when you were abused by the Dados?

    "A Yes, Your Honor.

    "Q Was your panty with garter or tied, if any?

    "A with garter.

    "Q Who removed your panty?

    "A Federico Dado.

    "Q When Federico Dado was removing your panty, did you not turn your legs so that your panty could not be pulled out?

    "A No, Your Honor.

    "Q Why?

    "A (no answer from the witness)

    "Q Did you submit voluntarily to the accused when he took off your panty?

    "A No, Your Honor.

    "Q Were you standing or lying down when Federico Dado removed your underwear?

    "A I was lying down.

    "Q Did you not struggle?

    "A I was not able to struggle my self.

    "Q Why?

    "A I was being held by Rene Dado.

    "Q Were you able to shout?

    "A No, Your Honor.

    "Q Why?

    "A (no answer from the witness)

    "Q While they were stripping your clothes, were they saying anything?

    "Q Yes, Your Honor.

    "Q What did they say to you?

    "A According to them if I make noise they are going to kill me.

    "Q Did you mot tell them that you know them very well and that you will report them to your parents and to the police authorities?

    "A No, Your Honor.

    "Q Why did you not tell them?

    "A Because I was afraid, Your Honor.

    "Q Why were you afraid?

    "A Because they told me that they were going to kill me.

    xxx xxx xxx


    "Q You said that after Federico Dado inserted his sex organ into yours he stood up. After he stood up what did Rene Dado do, if any?

    "A He also laid on top of me.

    "Q And when Rene Dado laid on top of you what else did he do to you, if any?

    "A The same he also inserted his sex organ in my sex organ.

    "Q What did Federico Dado do while Rene Dado has inserted his sex organ into yours?

    "A He was holding me.

    "Q In what part of your body was Federico Dado holding you while Rene Dado was on top of you and has inserted his sex organ into yours?

    "A My other arm and my other foot.

    "Q Which arm, your left arm or right arm and left foot or right foot?

    "A My right arm and also my right foot were being held by Federico Dado.

    "Q While you were being held by Federico Dado on your right arm and right foot, and Rene Dado was on top of you and has inserted his sex organ into yours, what did you do, if any?

    "A None, sir.

    "COURT

    "Q Were you crying when Federico Dado was on top of you?

    "A Yes, Your Honor.

    "Q When Rene Dado was on top of you and Federico Dado was holding your right arm and right foot, did you cry?

    "A Yes, Your Honor.

    "Q Why did you cry?

    "A Because I was hurt." 10

    The victim's obvious reluctance to describe in full and in great detail the actual rape itself is certainly understandable. Contrary to what the appellant asserts, Eden's somehow having hedged at times should strengthen rather than destroy her credibility. Even minor lapses in a witness' testimony should be expected when a person would recount details of an experience so humiliating and so painful to recall as rape. 11 If her testimony in court might have some minor variance from her sworn statement while she was still in daze 12 and had yet to recover from the tragedy. 13

    The failure of the prosecution to present Noli Trilles does not in any way dent the prosecution's case. Noli's testimony would have served no more than merely and partly corroborate Eden's account. In rape cases, the accused may be convicted solely on the testimony of the complaining witness so long as that testimony is credible, natural, convincing and otherwise consistent with human nature. 14 There is no merit in appellant's claim that he could not have raped Eden in the presence of her cousin, Noli Trilles. Rape has been known to be perpetrated even at places which, to many, would appear to be unlikely and high risk venues for its commission. 15

    The absence of finger grips, contusions, bruises or scratches on the different parts of Eden's body does not negate the commission of rape. 16 It is not necessary that the victim should bear marks of physical violence sustained by reason of the persistence of the sexual attacker, nor is the exertion of irresistible force by the culprit an indispensable element of the offense. 17 Corollarily, Eden's failure to shout or offer tenacious resistance cannot be said to render voluntary her submission to the lustful criminal act of appellant. 18

    The Court, accordingly, affirms the conviction by the trial court of appellant for the rape of Eden Daria. Given the facts and circumstances of the case found to be clearly extant, conspiracy between appellant and Rene Dado attended the commission of the offense. Consequently, appellant should be held responsible not only for his own unlawful act but also for that of Rene Dado for, in conspiracy, the act of one is the act of the other. Appellant must thus be convicted of two (2) crimes of rape. 19 The penalty for each simple rape is reclusion perpetua regardless of the presence or absence of mitigating or aggravating circumstances. 20 Conformably with the prevailing rule announced by this Court in its previous rulings, the indemnity is raised to P50,000.00 21 for each offense. 22

    WHEREFORE, the decision appealed from finding appellant Federico Dado guilty beyond reasonable doubt of the crime of rape is modified in that (a) said appellant should and is thus hereby held liable for two (2) crimes of rape for which he shall suffer two (2) penalties of reclusion perpetua and (b) the indemnity to the victim, Eden Daria, is increased to P50,000.00 for each offense or a total of P100,000.00. Costs against the appellant.

    SO ORDERED

    Feliciano, Romero, Melo and Francisco, JJ., concur.

    Endnotes:




    1. A.k.a. Federico Dado, Jr., which name he used in signing his sworn statement before Salvador Decano, OIC Municipal Mayor of Manito, Albay (Record, p. 35).cralaw

    2. Penned by Judge Angel M. Alegre.

    3. Rollo, p. 38.

    4. Rollo, p. 39.

    5. Criminal Case No. 3931, the case brought up in this appeal.

    6. In its decision, the trial court mentions the "confidentially relayed" information that Rene Dado had been liquidated by the NPA" (Decision, pp. 2-3).cralaw

    7. People v. Naguita, 208 SCRA 206.

    8. People v. Carson, 204 SCRA 266.

    9. People v. Yambao, 193 SCRA 571.

    10. TSN, Eden Daria, 31 August 1987, pp. 8-23.

    11. People v. Olivar, supra.

    12. People v. Olivar, 215 SCRA 759.

    13. People v. Mejias, 168 SCRA 33; People v. Dabon, 216 SCRA 656.

    14. People v. Alvarez, 213 SCRA 722.

    15. People v. Rafanan, 182 SCRA 811.

    16. People v. Rabanes, 208 SCRA 768; People v. Generalao, Jr., 213 SCRA 380.

    17. People v. Rael, 204 SCRA 704.

    18. People v. Grefiel, 215 SCRA 596.

    19. People v. Calixto, 193 SCRA 303, citing People v. Cayago, 158 SCRA 586.

    20. Article 63, in relation to Article 335, Revised penal Code.

    21. People v. Tismo, 204 SCRA 535.

    22. People v. Sartagoda, 221 SCRA 251; People v. Calixto, supra; People v. Cayago, supra.

    G.R. No. 87775  June 1, 1995 : PEOPLE OF THE PHIL. vs. FEDERICO DADO


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