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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
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

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    G.R. No. 133987   January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 133987. January 28, 2000.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHNNY BARTOLOME y CABINONG, Accused-Appellant.

    D E C I S I O N


    DAVIDE, JR., C.J.:


    Accused-appellant Johnny Bartolome y Cabinong (hereafter JOHNNY) was charged with three counts of rape in Criminal Cases Nos. 19-1034, 19-1110, and 19-1111, allegedly committed against his niece, Cherry Ann Dalog (hereafter CHERRY ANN) in a joint decision 1 rendered on 7 May 1998 by the Regional Trial Court of Cauayan, Isabela, Branch 19, JOHNNY was acquitted in Criminal Cases Nos. 19-1110 and 19-1111, but convicted in Criminal Case No. 19-1034 and sentenced to suffer the penalty of death. He was further ordered to pay CHERRY ANN the amount of P100,000 as, civil indemnity.chanrobles virtuallawlibrary:red

    JOHNNY’s conviction in Criminal Case No. 19-1034 is the subject of this automatic review pursuant to Article 47 of the Revised Penal Code, as amended by Section 22 of R.A. No. 7659.

    The following facts were established by the evidence for the prosecution:chanrob1es virtual 1aw library

    On 10 September 1995, CHERRY ANN, barely thirteen years old, and her younger brothers, Mark, Marlon, and Michael, moved into the two-storey house of their maternal grandmother, Elisa Bartolome, at San Fermin, Cauayan, Isabela, because their mother, Gemma Bartolome, was leaving for Kuwait the next day to work as a domestic helper. Since the second floor of the house was tenanted, they shared the ground floor with Elisa and their uncle JOHNNY, Gemma’s brother. Cabinets in their floor served as partitions that divided the area into several "rooms." 2

    Around midnight of the following day, 11 September 1995, while she was sleeping in one of the "rooms" with 9-year old Mark, CHERRY ANN woke up when she felt JOHNNY pulling her legs. Initially, the darkness prevented her from immediately recognizing him. She just instinctively kicked the person at her feet and sprang up, but he pulled her legs again, causing her to fall back. JOHNNY tried to remove her T-shirt and shorts, succeeding only after several attempts because of her resistance. CHERRY ANN realized it was JOHNNY when she heard his voice warning her not to shout or he would kill her and her brothers. JOHNNY went on top of her and forced his penis into her vagina. CHERRY ANN felt excruciating pain. After satisfying his lust, JOHNNY ordered her to dress up, then he went back to sleep, leaving her in tears. 3

    JOHNNY repeated his dastardly act on the 13 and 16, September 1995, employing the same mode of assault. Because of his threats, however, she just moved to her grandmother’s room instead of telling anybody about what her Uncle JOHNNY had done to her. 4

    Sometime in December 1995, when another uncle, Boyet, and his family also moved into their ground floor dwelling, CHERRY ANN and her brothers had to transfer to the house of their father’s sister, Teresita Aggabao. The latter noticed that CHERRY ANN was always absent-minded or deep in thought and often lost her bearings. Teresita asked her niece CHERRY ANN what was wrong, but the latter just cried. It was only on 4 September 1996 when she learned about CHERRY ANN’s sad experience at the hands of JOHNNY. They quickly reported the matter to the police. After investigation, they proceeded to the Cauayan District Hospital where CHERRY ANN was examined by Dr. Corazon L. Cabanilla, who issued a Medical Certificate 5 on the same date regarding her findings. 6

    Thus, on the basis of CHERRY ANN’s complaint 7 dated 5 September 1996, alleging that she was raped by JOHNNY on 11, 13, and 16 September 1995, three informations for rape under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, 8 were filed against JOHNNY before Branch 19 of the RTC of Cauayan, Isabela. The information 9 in Criminal Case No. 19-1034, under which JOHNNY was eventually convicted, reads as follows:chanrob1es virtual 1aw library

    That on or about the 11th day of September, 1995, in the municipality of Cauayan, Province of Isabela, Philippines, and within the jurisdiction of this Honorable Court, the said accused, armed with a fan knife (balisong), and by means of force, intimidation and with lewd designs, did then and there, willfully, unlawfully and feloniously, lay (sic) with and have carnal knowledge with one Cherry Ann B. Dalog, a girl of 13 years old (sic), against her will and consent.

    CONTRARY TO LAW.

    JOHNNY denied the accusations against him and interposed the defense of alibi. He claimed that from January 1994 to 14 May 1997, the date he was arrested, he had been working as a household helper for a certain Natividad Dy in her house at Greenhills, San Juan, Metro Manila. The only time he was in Isabela was during the May 1997 elections. He was visiting his brother and sister at Echague, Isabela, when apprehended by the police. In proclaiming his innocence, JOHNNY ascribed CHERRY ANN’s false charges of rape to her father, Mariano Dalog, who allegedly suspected him to be behind the breakup between his sister Gemma and Mariano. 10

    After trial on the merits, the trial court rendered a joint decision, the decretal portion of which reads as follows:chanrob1es virtual 1aw library

    WHEREFORE, in view of the foregoing considerations and finding the accused guilty beyond reasonable doubt of the crime of rape committed by him against Cherry Ann Dalog on 11 September 1995, judgment is hereby rendered in Criminal Case No. 19-1034 sentencing him to suffer the penalty of death. He is further ordered to indemnify the victim in the amount of P100,000.00.

    For failure of the prosecution to prove his guilt beyond reasonable doubt in Criminal Cases Nos. 19-1110 and 19-1111, judgment is further rendered acquitting him in said cases.

    Costs against the accused.

    SO ORDERED.

    In his Appellant’s Brief, JOHNNY contends that the trial court erred in faulting him for not presenting other witnesses to corroborate his alibi. He also claims that although alibi is a weak defense, the rule that it must be satisfactorily proven was never intended to shift the burden of proof from the prosecution to the accused. Finally, he asserts that assuming he is guilty as charged, the trial court committed a minor lapse in granting a civil indemnity of P100,000, which is clearly excessive.

    After a meticulous review of the record of this case, and evaluation of the evidence adduced, we are convinced that JOHNNY’s guilt for the crimes of rape as charged in Criminal Case No. 19-1034 was proven beyond reasonable doubt and, therefore, affirm his conviction therefor.

    CHERRY ANN positively identified JOHNNY as the person who raped her on 11 September 1995. It is settled that alibi cannot prevail over and is worthless in the face of the positive identification of the accused by a credible witness. 11 JOHNNY has offered no credible evidence that CHERRY ANN was impelled by any ulterior motive to fabricate a story of defloration against him. Accordingly, the presumption that she was not actuated by any improper motive stands. 12

    We agree with JOHNNY that the amount of P100,000 awarded to CHERRY ANN as indemnity ex delicto is excessive. As will be demonstrated shortly, JOHNNY is liable only for simple rape. Conformably with current case law, the indemnity should be P50,000 only. JOHNNY must also pay an additional P50,000 in moral damages to CHERRY ANN, without need of alleging and proving that she suffered the trauma of mental, physical and psychological sufferings, which are too obvious to still require their recital at the trial by the victim, since we even assume and acknowledge such agony as a gauge of her credibility. 13

    While we concede that JOHNNY’s guilt was proven beyond reasonable doubt, we do not, however, concur with the trial court’s imposition of the death penalty. The death penalty was imposed by the trial court on the sole basis of the relationship between JOHNNY and CHERRY ANN, in light of Article 335 of the Revised Penal Code, as amended by Section 11 of Republic Act No. 7659, which partly states:chanrob1es virtual 1aw library

    The death penalty shall be imposed if the crime is committed with any of the following attendant circumstances:chanrob1es virtual 1aw library

    1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.

    Fortunately, for JOHNNY, the special qualifying circumstance of relationship was not alleged in the information. We have declared that the circumstances under the amendatory provisions of Section 11 of R.A. No. 7659, the attendance of which could mandate the imposition of the single indivisible penalty of death, are in the nature of qualifying circumstances which cannot be proved as such unless alleged in the information, and even if proved, the death penalty ca not be imposed. 14 To impose the death penalty on the basis of this relationship, which has not been alleged in the information, would violate JOHNNY’s constitutional and statutory right to be informed of the nature and the case of the accusation against him. 15

    What was alleged in the information as a qualifying circumstance which but was not proved at the trial, was the use of a deadly weapon. Had it been proven, then the imposable penalty pursuant to the third paragraph of said Article 335, as amended by R.A. No. 7659, would have been reclusion perpetua to death.

    As JOHNNY could only be convicted of simple rape, the proper imposable penalty is reclusion perpetua under the second paragraph of Article 335, as amended by R.A. No. 7659.

    WHEREFORE, the challenged decision of 7 May 1998 of the Regional Trial Court of Cauayan, Isabel, Branch 19, in Criminal Case No. 19-1034 finding JOHNNY BARTOLOME y CABINONG guilty of rape is hereby AFFIRMED with the following MODIFICATIONS:chanrob1es virtual 1aw library

    1. Accused JOHNNY BARTOLOME y CABINONG is declared guilty of simple rape and is sentenced to suffer the penalty of reclusion perpetua;

    2. The amount of civil indemnity awarded by the trial court is reduced from P100,000 to P50,000; andchanrobles.com : virtuallawlibrary

    3. The amount of P50,000 is awarded to CHERRY ANN DALOG as and by way of moral damages.

    With costs de oficio.

    SO ORDERED.

    Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Original Record (OR), 74-80; Rollo, 14-20. Per Judge Artemio R. Alivia.

    2. TSN, 12 September 1997, 5-8.

    3. Id., 8-16.

    4. TSN, 12 September 1997, 16-27.

    5. Exhibit "B" ; OR, 9.

    6. TSN, 17 September 1997,12-14; 19 September 1997, 4-11.

    7. OR, 5.

    8. Entitled "An Act to Impose the Death Penalty on Certain Heinous Crimes Amending for That Purpose the Revised Penal Code, Other Special Penal Laws, and for Other Purposes." It took effect on 21 December 1993 (People v. Simon, 234 SCRA 555 (1994).

    9. Id., 2. The informations in Criminal Cases Nos. 19-1110 and 19-1111, under which JOHNNY was acquitted, are not attached to the records.

    10. TSN, 4 November 1997, 4-26.

    11. People v. Lee, 204 SCRA 900 (1991); People v. Florida, 214 SCRA 227 (1992).

    12. People v. Ramos, 222 SCRA 557 (1993).

    13. People v. Prades, 293 SCRA 411 (1998); People v. Sacapaño, G.R. No. 130525, 3 September 1999.

    14. People v. Garcia, 281 SCRA 463 (1997); People v. Ramos, 296 SCRA 559 (1998); People v. Ilao, 296 SCRA 658 (1998).

    15. People v. Garcia, supra note 14; People v. Ilao, supra note 14.

    G.R. No. 133987   January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME


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