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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. 116292   July 31, 1997 - PEOPLE OF THE PHIL. v. JIMMY PEÑERO

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 116292. July 31, 1997.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JIMMY PEÑERO Y BARRANDA, Accused-Appellant.

    Solicitor General for Plaintiff-Appellee.

    PAO for Accused-Appellant.


    SYLLABUS


    1. CRIMINAL LAW; RAPE; ELEMENT OF INTIMIDATION; MANIFESTED BY UNSHEATHED BOLO AND COUNTENANCE BESPEAKING HIS SALACIOUS DESIRE. — Peñero argues that it was preposterous on the part of Maria Primavera to become frightened upon seeing him, he being her first cousin. On the contrary, Maria’s actuations are in accord with human nature. An unsheathed bolo in one hand, his pants unzipped and his countenance bespeaking his salacious desire, Peñero proceeded to force himself on his hapless victim, thus confirming the latter’s fears. Certainly, such lascivious conduct, cannot help but incite fear in any woman, regardless of any relationship with the aggressor.chanrobles.com:cralaw:red

    2. REMEDIAL LAW; EVIDENCE; CREDIBILITY; PERSONS UNDER EMOTIONAL STRESS REACT DIFFERENTLY. — Accused appellant argues that Maria could have easily summoned help and assistance as her shouts could have been heard by other people. He then concludes that her failure to shout for help negates the existence of rape. This Court finds his argument specious and hardly credible. In light of the circumstances prevailing at the time of the incident, it would have been foolhardly on the part of Maria to provoke the anger of accused-appellant, thereby courting further physical harm upon herself and her baby. The workings of a human mind placed under emotional stress are unpredictable and people react differently — some may shout, some may faint, and some may be shocked into insensibility while others may openly welcome the intrusion.

    3. CRIMINAL LAW; RAPE; SUBMISSION FOR FEAR SHOULD NOT BE EQUATED WITH CONSENT AND VOLUNTARINESS. — That accused-appellant was already brandishing an unsheathed bolo, coupled with the fragile condition of Maria are ample reasons to immediately cow her into submission, which submission, however, should not be equated with consent and voluntariness. Indeed, the law does not impose upon a rape victim the burden of proving resistance.

    4. ID.; ID.; PHYSICAL RESISTANCE NOT NECESSARY WHERE THERE IS INTIMIDATION. — Physical resistance need not be established in rape when intimidation is exercised upon the victim and she submits herself against her will to the rapist’s lust because of fear for life and personal safety.

    5. ID.; ID.; FORCE; MANIFESTED BY PHYSICAL INJURIES SUSTAINED BY COMPLAINANT. — The medico-legal examination report likewise rebuts accused-appellant’s submission that there was no force employed in the sexual congress. The presence of an abrasion, about 0.5 centimeters at the 6 o’clock position of the vaginal entrance indicates that the victim was not in a proper position or that the penis was forcefully inserted into the vagina. Also, the presence of contusions with a length of 1 x 1 inch, located at the medical aspect of the right elbow suggests that force was employed. The medical findings, coupled with the torn dress and panty, hardly indicate a consensual sexual union. Accused-appellant’s contention that force could not have been employed as Maria did not suffer any miscarriage, premature delivery or bleeding failed to convince the court a quo.

    6. REMEDIAL LAW; EVIDENCE; CREDIBILITY; CONSENT TO SEXUAL INTERCOURSE BELIED WHERE COMPLAINANT IMMEDIATELY REVEALED THE INCIDENT TO HER HUSBAND AND TO THE POLICE. — When she arrived home, Maria unhesitatingly revealed to her husband what transpired, after which she then reported the incident to the police and submitted herself to medical examination.

    7. ID.; ID.; ID.; FINDINGS OF FACT OF THE TRIAL COURT GENERALLY UPHELD ON APPEAL. — Findings of fact, as we have reiterated often enough, are within the competence and province of trial courts. Absent any showing that they overlooked, misunderstood, or misapplied some facts or circumstances of weight and substance which would have affected the result of the case, we accord highest respect to their factual findings and to their resolution of the issue of credibility. In the instant case, there is no compelling reason to disturb these findings. The trial court rightly exercised its discretion when it refused to lend credence to the incredible version of the defense.

    8. CIVIL LAW; DAMAGES; INDEMNITY FOR RAPE RAISED TO P50,000.00. — The amount of damages is Increased from P40,000.00 to P50,000.00 in line with prevailing jurisprudence.cralawnad


    D E C I S I O N


    ROMERO, J.:


    At 6:00 o’clock in the morning of May 9, 1990, Maria Primavera, seven months pregnant, acting on the request of her husband Egar Primavera, went to Sitio Racracan, Bgy. Burabod, Lagonoy, Camarines Sur together with her mother and brother, to inspect their upland ricefield. Upon reaching Sitio Racracan, Maria parted ways with her mother and brother who proceeded to inspect their own ricefields on the other side of the hill. Having completed her inspection, Maria went on to their camote plantation and gathered camote and vegetables.

    On her way home, Maria met accused-appellant Jimmy Peñero y Barranda, her first cousin. The latter was brandishing an unsheathed bolo and his pants were unzipped. Lasciviously staring at Maria, Accused-appellant said: "Ika an toyo ko." 1 Maria became afraid and immediately started crying. Accused-appellant ordered her to sit down on the ground then started embracing her. Maria vainly pushed him away but she stumbled as accused-appellant proved stronger. The latter again embraced her, pushed her to the ground, laid on top of her, raised her clothes, tore her panty, spread her legs, inserted his penis into her vagina and proceeded to have sexual intercourse with her. During all this time, Accused-appellant was holding the unsheathed bolo in his right hand.

    Maria’s struggle to free herself from accused-appellant proved futile as she was gradually losing whatever strength she had left. The pains, particularly in her abdomen, were becoming unbearable. After satisfying his lust, Accused-appellant warned Maria not to divulge to anybody what had happened or he would come back and kill her.

    On June 27, 1990, the following Information for rape 2 was filed against accused-appellant:jgc:chanrobles.com.ph

    "That on or about the 9th day of May, 1990 at Sitio Racracan Baliwag, Barangay Burabod, Municipality of Lagonoy, Province of Camarines Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused with lewd design, armed with a bolo by means of force, threats and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge with said Maria Primavera against her will and the offended party suffered damages."cralaw virtua1aw library

    When arraigned, Accused-appellant pleaded not guilty. During trial he admitted having sexual intercourse with Maria but claimed that said sexual congress was pre-arranged as he and Maria were lovers even before March 9, 1990. He asserted that Maria merely concocted this rape charge in order to save herself from embarrassment and humiliation, having been seen by two persons doing the act with accused-appellant and likewise to escape the wrath of her husband.

    The trial court rejected accused-appellant’s version, convicted him of rape, sentenced him to suffer the penalty of reclusion perpetua and ordered him to pay P40,000.00 as damages. 3

    Accused-appellant is before this Court assailing the court a quo’s decision for allegedly failing to appreciate the evidence adduced in his favor and for convicting him of rape although his guilt was not proven beyond reasonable doubt. 4

    This Court is not persuaded. Accused-appellant’s conviction must be affirmed.

    First: Peñero argues that it was preposterous on the part of Maria Primavera to become frightened upon seeing him, he being her first cousin. On the contrary Maria’s actuations are in accord with human nature. An unsheathed bolo in one hand, his pants unzipped and his countenance bespeaking his salacious desire, Peñero proceeded to force himself on his hapless victim, thus confirming the latter’s fears. Certainly, such lascivious conduct, cannot help but incite fear in any woman, regardless of any relationship with the aggressor.chanroblesvirtuallawlibrary

    Second: Accused-appellant argues that Maria could have easily summoned help and assistance as her shouts could have been heard by other people. He then concludes that her failure to shout for help negates the existence of rape. This Court finds his argument specious and hardly credible.

    In light of the circumstances prevailing at the time of the incident, it would have been foolhardy on the part of Maria to provoke the anger of accused-appellant, thereby courting further physical harm upon herself and her baby. The workings of a human mind placed under emotional stress are unpredictable and people react differently — some may shout, some may faint, and some may be shocked into insensibility while others may openly welcome the intrusion. 5

    Third: Accused-appellant asserts that if it were true that force was present during the sexual congress, then the rape should have caused Maria to miscarry, or deliver prematurely and bleed. In short, Accused-appellant would have us believe that the intercourse occurred without any employment of force on his part considering the absence of resistance on the part of Maria. This is far from the truth.

    That accused-appellant was already brandishing an unsheathed bolo, coupled with the fragile condition of Maria are ample reasons to immediately cow her into submission, which submission, however, should not be equated with consent and voluntariness. Indeed, the law does not impose upon a rape victim the burden of proving resistance. Physical resistance need not be established in rape when intimidation is exercised upon the victim and she submits herself against her will to the rapist’s lust because of fear for life and personal safety. 6

    The medico-legal examination report 7 likewise rebuts accused-appellant’s submission that there was no force employed in the sexual congress. The presence of an abrasion, about 0.5 centimeters at 6 o’clock position of the vaginal entrance indicates that the victim was not in a proper position or that the penis was forcefully inserted into the vagina. 8 Also, the presence of contusions with a length of 1 x 1 inch, located at the medial aspect of the right elbow suggests that force was employed. 9 The medical findings, coupled with the torn dress and panty, 10 hardly indicate a consensual sexual union. Accused-appellant’s contention that force could not have been employed as Maria did not suffer any miscarriage, premature delivery or bleeding failed to convince the court a quo.

    Fourth: That accused-appellant and Maria were sweethearts is a puerile excuse often concocted by desperate minds. If true, it would not make sense for them to make love in an unlikely spot, such as the muddy trail chosen by accused, open to the prying eyes of any passerby. Surely, they would not have risked being sighted by other people considering that their supposed affair is illicit and clandestine. They could have easily stayed inside the hut where they allegedly made love for the first time.

    When she arrived home, Maria unhesitatingly revealed to her husband what transpired, after which she then reported the incident to the police and submitted herself to medical examination. On the part of accused-appellant, having failed to specifically identify the two persons who supposedly witnessed the sexual encounter, his uncorroborated testimony does not merit any credence at all. In People v. Español, 11 this Court held, thus:chanrob1es virtual 1aw library

    Appellant’s claim that Teofila fabricated the charge of rape to hide her illicit relationship from her husband is incredible.

    We agree with the trial court that appellant’s claim is belied by the fact that Teofila reported the crime committed upon her chastity to her husband immediately upon her arrival home. If Teofila had consented to have sexual intercourse with appellant, her natural reaction would have been to conceal it or keep silent as this would bring disgrace to her honor and reputation as well as her family.

    Fifth: Findings of fact, as we have reiterated often enough, are within the competence and province of trial courts. Absent any showing that they overlooked, misunderstood, or misapplied some facts or circumstances of weight and substance which would have affected the result of the case, we accord highest respect to their factual finding and to their resolution of the issue of credibility. 12 In the instant case, there is no compelling reason to disturb these findings. The trial court rightly exercised its discretion when it refused to lend credence to the incredible version of the defense.chanroblesvirtual|awlibrary

    WHEREFORE, the decision of the Regional Trial Court-Br. 23 of Naga City in Criminal Case No. T-912 is AFFIRMED with the modification that the amount of damages is INCREASED from P40,000.00 to P50,000.00 in line with prevailing jurisprudence.

    Costs against Accused-Appellant.

    SO ORDERED.

    Regalado, Puno and Mendoza, JJ., concur.

    Torres, Jr., J., is on leave.

    Endnotes:



    1. "It is you whom I am looking for," TSN, April 22, 1991, p. 6.

    2. Docketed as Crim. Case No. T-912, RTC-Br. 30, Tigaon, Camarines Sur, Rollo, p. 5.

    3. Penned by Judge Juan B. Paano, Jr., RTC-Br. 23, Naga City; Rollo, pp. 17-20.

    4. Appellant’s Brief, Rollo, pp. 65-66.

    5. People v. Malunes, 247 SCRA 317 (1995)

    6. People v. Talaboc, 256 SCRA 441 (1996)

    7. Exhibit "A-3," Records, p. 3.

    8. TSN, October 3, 1990, pp. 6-7.

    9. Supra, p. 7.

    10. TSN, April 22, 1991, pp. 8, 11-12.

    11. 256 SCRA 145 (1996)

    12. Supra.

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


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