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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
 

   
July-1997 Jurisprudence                 

  • G.R. No. 96649-50 July 1, 1997 - PEOPLE OF THE PHIL. v. LYNDON V. MACOY

  • G.R. No. 109660 July 1, 1997 - PEOPLE OF THE PHIL. v. ROMEO NELL

  • G.R. No. 124914 July 2, 1997 - JESUS UGADDAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 123074 July 4, 1997 - PEOPLE OF THE PHIL. v. FERNANDO M. FERNANDEZ

  • Adm. Matter No. MTJ-94-1017 July 7, 1997 - OSCAR B. LAMBINO v. AMADO A. DE VERA

  • Adm. Matter No. P-97-1245 July 7, 1997 - BENIGNO G. GAVIOLA v. NOEL NAVARETTE

  • G.R. No. 105760 July 7, 1997 - PNB v. COURT OF APPEALS, ET AL.

  • G.R. No. 107193 July 7, 1997 - EUGENIO TENEBRO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112006 July 7, 1997 - PEOPLE OF THE PHIL. v. ROBERTO S. DE VERA

  • G.R. No. 114275 July 7, 1997 - IÑIGO F. CARLET v. COURT OF APPEALS, ET AL.

  • G.R. No. 116962 July 7, 1997 - MARIA SOCORRO CACA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118940-41 & 119407 July 7, 1997 - PEOPLE OF THE PHIL. v. GREGORIO MEJIA, ET AL.

  • G.R. No. 119872 July 7, 1997 - REMEDIOS NAVOA RAMOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 122206 July 7, 1997 - RAFAEL ARCEGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 105284 July 8, 1997 - PEOPLE OF THE PHIL. v. IGNACIO ZUMIL

  • G.R. No. 106099 July 8, 1997 - PEOPLE OF THE PHIL. v. AGUSTIN SOTTO, ET AL.

  • G.R. No. 109814 July 8, 1997 - PEOPLE OF THE PHIL. v. FERNANDO MAALAT

  • G.R. No. 112797 July 8, 1997 - PEOPLE OF THE PHIL. v. NIDA ALEGRO

  • G.R. No. 114265 July 8, 1997 - PEOPLE OF THE PHIL. v. GREGORIO MAGALLANES

  • G.R. No. 115307 July 8, 1997 - MANUEL LAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 115703 July 8, 1997 - EPIFANIO L. CASOLITA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117501 July 8, 1997 - SOLID HOMES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122308 July 8, 1997 - PURITA S. MAPA, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. SC-96-1 July 10, 1997 - DAMASO S. FLORES v. BERNARDO P. ABESAMIS

  • Adm. Matter No. P-97-1236 July 11, 1997 - MADONNA MACALUA v. DOMINGO TIU, JR.

  • Adm. Matter No. P-97-1249 July 11, 1997 - PACITA SY TORRES v. FROILAN S. CABLING

  • G.R. No. 104865 July 11, 1997 - PEOPLE OF THE PHIL. v. VICTORIANO PONTILAR, JR.

  • G.R. Nos. 113511-12 July 11, 1997 - PEOPLE OF THE PHIL. v. DANILO SINOC

  • G.R. No. 115033 July 11, 1997 - PONCIANO T. MATANGUIHAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123204 July 11, 1997 - NATIONWIDE SECURITY AND ALLIED SERVICES, INC. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1158 July 14, 1997 - EUFEMIA BERCASIO v. HERBERTO BENITO, ET AL.

  • G.R. No. 106153 July 14, 1997 - FLORENCIO G. BERNARDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 108838 July 14, 1997 - PAGCOR v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116528-31 July 14, 1997 - PEOPLE OF THE PHIL. v. MARIETO ADORA

  • G.R. No. 108492 July 15, 1997 - PEOPLE OF THE PHIL. v. NOEL BANIEL, ET AL.

  • G.R. No. 118078 July 15, 1997 - PEOPLE OF THE PHIL. v. OSCAR VILLANUEVA

  • G.R. No. 123379 July 15, 1997 - BAROTAC SUGAR MILLS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 115439-41 July 16, 1997 - PEOPLE OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 120437-41 July 16, 1997 - PEOPLE OF THE PHIL. v. ARMANDO ALVARIO

  • Adm. Matter No. RTJ-97-1382 July 17, 1997 - REXEL M. PACURIBOT v. RODRIGO F. LIM, JR.

  • G.R. No. 105002 July 17, 1997 - PEOPLE OF THE PHIL. v. DIARANGAN DANSAL

  • G.R. No. 108634 July 17, 1997 - ANTONIO P. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111165 July 17, 1997 - PEOPLE OF THE PHIL. v. ROGELIO MERCADO, ET AL.

  • G.R. No. 113257 July 17, 1997 - PEOPLE OF THE PHIL. v. JOHNNY LASCOTA

  • G.R. No. 114742 July 17, 1997 - CARLITOS E. SILVA v. COURT OF APPEALS, ET AL.

  • G.R. No. 118860 July 17, 1997 - ROLINDA B. PONO v. NLRC, ET AL.

  • G.R. No. 120262 July 17, 1997 - PAL, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125195 July 17, 1997 - SAMAHAN NG MGA MANGGAGAWA SA BANDOLINO, ET AL. v. NLRC, ET AL.

  • Adm. Matter No. RTJ-96-1362 July 18, 1997 - DSWD, ET AL. v. ANTONIO M. BELEN, ET AL.

  • Adm. Matter No. RTJ-95-1283 July 21, 1997 - DAVID C. NAVAL, ET AL. v. JOSE R. PANDAY, ET AL.

  • G.R. No. 108488 July 21, 1997 - PEOPLE OF THE PHIL. v. RODENCIO NARCA, ET AL.

  • G.R. No. 111002 July 21, 1997 - PACIFIC MARITIME SERVICES, INC., ET AL. v. NICANOR RANAY, ET AL.

  • G.R. No. 117402 July 21, 1997 - PEOPLE OF THE PHIL. v. ROLLIE L. ALVARADO

  • G.R. No. 119184 July 21, 1997 - HEIRS OF FELICIDAD CANQUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121768 July 21, 1997 - PEOPLE OF THE PHIL. v. DOMINGO CASTILLO, JR.

  • G.R. Nos. 122250 & 122258 July 21, 1997 - EDGARDO C. NOLASCO v. COMELEC, ET AL.

  • G.R. No. 124347 July 21, 1997 - CMS STOCK BROKERAGE, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125510 July 21, 1997 - PEOPLE OF THE PHIL. v. RENATO LISING

  • G.R. No. 111933 July 23, 1997 - PLDT v. NLRC, ET AL.

  • G.R. Nos. 112429-30 July 23, 1997 - PEOPLE OF THE PHIL. v. RODOLFO P. CAYETANO

  • G.R. Nos. 118736-37 July 23, 1997 - PEOPLE OF THE PHIL. v. TANG WAI LAN

  • Adm. Matter No. P-96-1205 July 24, 1997 - OSCAR P. DE LOS REYES v. ESTEBAN H. ERISPE, JR.

  • Adm. Matter No. RTJ-97-1383 July 24, 1997 - JOSE LAGATIC v. JOSE PEÑAS, JR., ET AL.

  • G.R. No. 104663 July 24, 1997 - PEOPLE OF THE PHIL. v. DAVID SALVATIERRA

  • G.R. No. 105004 July 24, 1997 - PEOPLE OF THE PHIL. v. DIONISIO MAROLLANO

  • G.R. No. 107723 July 24, 1997 - EMS MANPOWER & PLACEMENT SERVICES v. NLRC, ET AL.

  • G.R. No. 111211 July 24, 1997 - ABS-CBN EMPLOYEES UNION, ET AL., v. NLRC, ET AL.

  • G.R. No. 113235 July 24, 1997 - VICTORINA MEDINA, ET AL. v. CITY SHERIFF, MANILA, ET AL.

  • G.R. Nos. 113366-68 July 24, 1997 - GREGORIO ISABELO, ET AL. v. NLRC, ET AL.

  • G.R. No. 116635 July 24, 1997 - CONCHITA NOOL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116736 July 24, 1997 - PEOPLE OF THE PHIL. v. BENJAMIN ORTEGA, ET AL.

  • G.R. No. 118458 July 24, 1997 - PEOPLE OF THE PHIL. v. RICKY DELA CRUZ

  • G.R. No. 120276 July 24, 1997 - SINGA SHIP MANAGEMENT PHILS., INC. v. NLRC, ET AL.

  • G.R. No. 121075 July 24, 1997 - DELTA MOTORS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121867 July 24, 1997 - SMITH KLINE & FRENCH LAB., LTD. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127262 July 24, 1997 - HUBERT WEBB, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • Adm. Matter Nos. 95-6-55-MTC & P-96-1173 July 28, 1997 - REPORT ON AUDIT IN THE MTC OF PEÑARANDA, NUEVA ECIJA

  • G.R. No. 102858 July 28, 1997 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 103209 July 28, 1997 - APOLONIO BONDOC, ET AL. v. NLRC, ET AL.

  • G.R. No. 110823 July 28, 1997 - PEOPLE OF THE PHIL. v. ROCHEL TRAVERO

  • G.R. No. 112323 July 28, 1997 - HELPMATE, INC. v. NLRC, ET AL.

  • G.R. No. 113344 July 28, 1997 - PEOPLE OF THE PHIL. v. ATANACIO LUTO

  • G.R. No. 116668 July 28, 1997 - ERLINDA A. AGAPAY v. CARLINA V. PALANG, ET AL.

  • G.R. No. 116726 July 28, 1997 - PEOPLE OF THE PHIL. v. LEONARDO P. DE LA CRUZ

  • G.R. No. 118822 July 28, 1997 - G.O.A.L., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119000 July 28, 1997 - ROSA UY v. COURT OF APPEALS, ET AL.

  • G.R. No. 119649 July 28, 1997 - RICKY GALICIA, ET AL. v. NLRC, ET AL.

  • G.R. No. 119868 July 28, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 120072 July 28, 1997 - PEOPLE OF THE PHIL. v. FLORENTINO I. MESA

  • G.R. No. 123361 July 28, 1997 - TEOFILO CACHO v. COURT OF APPEALS, ET AL.

  • G.R. No. 126556 July 28, 1997 - NELSON C. DAVID v. COURT OF APPEALS, ET AL.

  • G.R. No. 117742 July 29, 1997 - GEORGE M. TABERRAH v. NLRC, ET AL.

  • SBC Case No. 519 July 31, 1997 - PATRICIA FIGUEROA v. SIMEON BARRANCO, JR.

  • G.R. No. 97369 July 31, 1997 - P.I. MANPOWER PLACEMENTS, INC. v. NLRC, ET AL.

  • G.R. No. 99030 July 31, 1997 - PLDT v. NLRC, ET AL.

  • G.R. No. 106582 July 31, 1997 - PEOPLE OF THE PHIL. v. RUPERTO BALDERAS

  • G.R. No. 107802 July 31, 1997 - PEOPLE OF THE PHIL. v. JASON NAREDO

  • G.R. No. 108399 July 31, 1997 - RAFAEL M. ALUNAN III, ET AL. v. ROBERT MIRASOL, ET AL.

  • G.R. No. 108619 July 31, 1997 - EPIFANIO LALICAN v. FILOMENO A. VERGARA, ET AL.

  • G.R. No. 113689 July 31, 1997 - PEOPLE OF THE PHIL. v. FELIPE SANGIL, SR.

  • G.R. No. 113958 July 31, 1997 - BANANA GROWERS COLLECTIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 116060 July 31, 1997 - PEOPLE OF THE PHIL. v. CLEMENTE DE LA PEÑA

  • G.R. No. 116292 July 31, 1997 - PEOPLE OF THE PHIL. v. JIMMY PEÑERO

  • G.R. No. 119068 July 31, 1997 - PEOPLE OF THE PHIL. v. DANTE CASTRO, ET AL.

  • G.R. No. 121027 July 31, 1997 - CORAZON DEZOLLER TISON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121157 July 31, 1997 - HEIRS OF SEGUNDA MANINGDING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123561 July 31, 1997 - DELIA R. NERVES v. CSC, ET AL.

  • G.R. No. 124678 July 31, 1997 - DELIA BANGALISAN, ET AL. v. COURT OF APPEALS, ET AL.

  •  





     
     

    G.R. No. 116060   July 31, 1997 - PEOPLE OF THE PHIL. v. CLEMENTE DE LA PEÑA

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 116060. July 31, 1997.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CLEMENTE DE LA PEÑA alias "AYAG," defendant-appellant.

    The Solicitor General for Plaintiff-Appellee.

    Public Attorney’s Office for Accused-Appellant.

    SYNOPSIS


    Clemente de la Peña alias Ayag, a 56-year old bachelor, was convicted of rape for having carnal knowledge of 10-year old Janet Bajao on April 19, 1991. The Regional Trial Court of Misamis Oriental sentenced him to reclusion perpetua and ordered him to indemnify his victim P50,000.00 for moral damages and another P50,000.00 for exemplary damages and to pay the costs. On appeal to the Supreme Court, appellant disavowed any knowledge of the crime but admitted that at the time of the incident he was masturbating inside his hut while the victim was outside about two arms length away. He claimed that the crime of rape was not proved. Moreover, the victim testified that he did not insert his penis into her vagina, hence there was no penetration.

    The Supreme Court ruled that the essential requisite of carnal knowledge has been adequately established. Statutory rape as defined in Article 335, paragraph 3 of the Revised Penal Code is committed by having carnal knowledge of a woman under 12 years old. The penetration, no matter how slight, or mere introduction of the male organ into the labia of the pudendum constitutes carnal knowledge. Moreover, the Court took note of the examining physician’s finding that there was penetration since the edges of the labia minora were already gaping with redness. In view of the foregoing, the judgment appealed from finding accused-appellant guilty of statutory rape is affirmed.


    SYLLABUS


    1. CRIMINAL LAW; STATUTORY RAPE; REQUISITES; PRESENT IN CASE AT BAR. — Clearly, the essential requisite of carnal knowledge has been adequately established. Statutory rape as defined in Art. 335, par; (3), of the Revised Penal Code is committed by having carnal knowledge of a woman under twelve (12) years of age. The penetration, no matter how slight, or mere introduction of the male organ into the labia of the pudendum constitutes carnal knowledge.

    2. ID.; PENALTY; RECLUSION PERPETUA; TERM THEREOF CLARIFIED. — We however clarify that reclusion perpetua entails imprisonment of at least thirty (30) years. The statement in the dispositive portion of the decision of the trial court that the penalty is equivalent to thirty (30) years gives the impression that after that period the convict is to be immediately set free. This is not so; rather, he only becomes eligible for pardon.


    D E C I S I O N


    BELLOSILLO, J.:


    CLEMENTE DE LA PEÑA alias Ayag, a 56-year old bachelor, was convicted of rape for having carnal knowledge of 10-year old Janet Bajao on 19 April 1991. The trial court sentenced him to reclusion perpetua and ordered him to indemnify his victim P50,000.00 for moral damages and another P50,000.00 for exemplary damages, and to pay the costs. 1

    By the victim’s account, while she was alone gathering firewood at about 1:00 o’clock in the afternoon of 19 April 1991 in the coconut plantation of Catalino Ipanag in Sitio Min-abaca, Barangay South Poblacion, Medina, Misamis Oriental, Accused Clemente de la Peña suddenly came from behind and without saying a word forcibly dragged her to a nearby hut. Once inside he undressed her and placed himself on top of her. He masturbated and then pushed his penis into her vagina; there was no penetration. Afterwards he handed her a P2-coin.

    Since it was already lunch time Rosalie, older sister of Janet, followed her to the plantation to fetch her. Rosalie heard some conversation coming from the hut. From a distance of about three (3) meters she saw Janet lying down with face up while the accused was on top of her, making push-and-pull 2 movements of his hips and at the same time masturbating. He inserted his penis into the vagina of Janet. When Ayag noticed the presence of Rosalie he stopped and the latter ran away and reported the matter to her mother.

    At 7:00 o’clock that evening the victim was examined by the Municipal Health Office. The examination revealed that her hymen was intact but there was penetration. The hymenal tags were no longer visible due to constant rubbing of a hard object probably an erectile penis and the edges of the labia minora were already gaping with redness which could have been caused by an erectile penis forced into the vagina.

    The accused disavowed any knowledge of the crime but admitted that at the time of the incident he was masturbating inside his hut while the victim was outside about two (2) arms length away. He now prays for exoneration claiming that the crime of rape was not proved. He capitalizes on the testimony of the victim that he did not insert his penis into her vagina hence there was no penetration. Considering this statement of the victim, the question now is whether accused-appellant is still liable for statutory rape.

    While the victim may have so testified, it should be remembered that she was only ten (10) years old at the time, guileless and innocent in the ways of the world. She must have thought that the penis of appellant merely touched her vagina and nothing more. Indeed, she was captive of her own innocence. But we consider significant the following narration of the witness —

    Q: Can you demonstrate (to) the Honorable Court how (did) he masturbate (sic)?

    A: Yes, sir (witness demonstrating with the use of her left index finger representing the penis of Clemente de la Peña and with her right close [sic] fist inserted (her) left finger (into her) right close [sic] fist. 3

    Apparently her sexual awareness was still that of a child as she entertained the notion that when appellant put his penis into her vagina that was also masturbation. At any rate, her testimony on mere touching is just one side of the narrative. Accused-appellant conveniently disregarded the testimony of the expert witness. The examining physician categorically stated that there was penetration since the edges of the labia minora were already gaping with redness. This condition in her opinion could have been caused by an erectile penis driven into the vagina. Moreover, the hymenal tags were no longer present due to constant rubbing of a hard object, probably an erect penis. The medical finding that only the labia minora was penetrated since the hymen was still intact may thus provide another explanation for the victim’s perception that there was no penetration.chanroblesvirtuallawlibrary

    Some years back this Court was faced with a similar attack on the testimony of a rape victim. In People v. Castillo 4 a five-year old girl, after having been undressed by her family’s houseboy, was asked to lie on top of him. He then made a push-and-pull movement. She felt his private part touch her vagina but there was no penetration. The accused harped on this testimony to dispute his conviction for rape. But the Court, as in the present case, was totally unconvinced. It reasoned out that —

    . . . when the physician’s finding of penetration is corroborated by the testimony of the victim that the appellant’s private part touched her vagina, it is sufficient to establish the essential requisite of carnal knowledge.

    More so in this case when Janet’s sister "saw the accused on top of her, making a push-and-pull movement of his hips and at the same time masturbating." Clearly, the essential requisite of carnal knowledge has been adequately established. Statutory rape as defined in Art. 335, par. (3), of the Revised Penal Code is committed by having carnal knowledge of a woman under twelve (12) years of age. The penetration, no matter how slight, or mere introduction of the male organ into the labia of the pudendum constitutes carnal knowledge.

    We however clarify that reclusion perpetua entails imprisonment of at least thirty (30) years. The statement in the dispositive portion of the decision of the trial court that the penalty is equivalent to thirty (30) years gives the impression that after that period the convict is to be immediately set free. This is not so; rather, he only becomes eligible for pardon. 5

    WHEREFORE, the judgment appealed from finding accused-appellant CLEMENTE DE LA PEÑA alias Ayag guilty of statutory rape and sentencing him to reclusion perpetua, to pay Janet Bajao moral damages of Fifty Thousand Pesos (P50,000.00) is AFFIRMED. However, the amount of exemplary damages awarded by the court a quo is reduced to Twenty Thousand Pesos (P20,000.00).

    SO ORDERED.

    Padilla, Vitug, Kapunan and Hermosisima, Jr., JJ., concur.

    Endnotes:



    1. Decision penned by Judge Vivencio A. Galon, RTC-Br. 26, Misamis Oriental; Records, pp. 114-115.

    2. "Dugno-dugno."cralaw virtua1aw library

    3. TSN, 14 October 1992, pp. 12-13.

    4. G.R. No. 84310, 29 May 1991, 197 SCRA 657.

    5. People v. Penillos, G.R. No. 65673, 30 January 1992, 205 SCRA 546.

    G.R. No. 116060   July 31, 1997 - PEOPLE OF THE PHIL. v. CLEMENTE DE LA PEÑA


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