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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. 116729   January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 116729. January 31, 2000.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARLON LERIO @ ROMAN, Accused-Appellant.

    D E C I S I O N


    QUISUMBING, J.:


    On appeal is the decision dated July 7, 1994, of the Regional Trial Court of Tayug, Pangasinan, Branch 51, convicting accused-appellant of the crime of statutory rape, imposing upon him the penalty of reclusion perpetua, and ordering him to indemnify the victim the amount of P50,000.00 as moral damages.chanrobles.com : chanrobles.com.ph

    Appellant Marlon Lerio 1 was 19 years old, single, farmer, and resident of San Macario Norte, Natividad, Pangasinan, while the victim was Jennifer M. Soriano, 11 years old and a grade five (5) student, at the time of the offense charged.

    The facts, as summarized by the Office of the Solicitor General, and which we find to be supported by the records, are as follows: 2

    "At around 7:15 in the evening of January 22, 1992, complainant Jennifer Soriano, who at that time was only eleven (11) years old, was on her way to watch television (TV) at the house of Apong Belen Casandig. When she was at the side of the house of Belen Casandig, she was intercepted by appellant Marlon Lerio alias ‘Roman’. He grabbed her, covered her mouth in such a way that she cannot shout for help and carried her towards the place where there were piles of dried cogon (tsn., November 11, 1993, pp. 3-4; January 20, 1994, p. 34).

    As he carried her, complainant tried to struggle to free herself, but was unable to do so. Appellant laid her down on the piles of cogon and proceeded to divest her of her underwear. While doing so, he went on top of complainant and sexually assaulted her. Jennifer Soriano struggled against his attack but to no avail (tsn., Nov. 11, 1993, pp. 43-45).

    When they heard her parents calling her by name, appellant released her and she ran away, carrying her underwear (tsn., January 20, 1994, pp. 43-45).

    Floro Volante, the barangay captain of San Macario Norte, Natividad, Pangasinan testified that on the evening of January 22, 1992, Arsenio Soriano, the father of complainant, reported that his (Arsenio Soriano) daughter was raped by Marlon Lerio. He went to complainant’s house and later he went to the crime scene together with complainant and her parents. While there, he saw the disarranged piles of cogon. They likewise discovered a headband belonging to complainant, which the latter picked up. Still in the course of his investigation, he went to appellant’s house and questioned him in the presence of his parents (tsn., February 19, 1993, pp. 3-6).

    The barangay captain’s testimony was corroborated by complainant’s mother, Estrelita Soriano. She further testified that she examined her daughter’s private parts, which was reddish at the time, and that she saw seminal fluid in her daughter’s private part (tsn., August 11, 1993, pp. 28-30).

    Dr. Perfecto Tebangin, the Rural Health Officer, testified that he examined the complainant fourteen (14) days after the incident. Although Jennifer Soriano told him that she was raped, he did not see any scratch, scar or hematoma on the latter’s body, and that the hymen was still intact (tsn., February 1, 1994, pp. 3-6)." chanrobles virtual lawlibrary

    On June 10, 1992, appellant was charged with the crime of rape under the following Information: 3

    "INFORMATION

    The undersigned, upon a verified complaint of ESTRELITA M. SORIANO, hereby accuses MARLON LERIO of the crime of RAPE, committed as follows:chanrob1es virtual 1aw library

    That on or about the 22nd day of January, 1992, in the evening, along the pile of harvested cogon at Barangay San Macario Norte, municipality of Natividad, province of Pangasinan, New Republic of the Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there wilfully, unlawfully and feloniously have sexual intercourse with JENNIFER SORIANO, a minor 11 years of age, against her will and consent to her damage and prejudice.

    CONTRARY to Article 335 of the Revised Penal Code.

    Tayug, Pangasinan, April 20, 1992

    (SGD) CARLOS TRECE R. MAPILI

    Assistant Prov’l. Prosecutor

    APPROVED:chanrob1es virtual 1aw library

    (SGD) JOSE ANTONIO M. GUILLERMO

    Provincial Prosecutor"

    Upon arraignment, appellant entered a plea of not guilty. 4

    At the trial, the prosecution presented the following witnesses: (1) Barangay Captain Floro B. Volante; (2) Estrelita M. Soriano, the mother of the victim; (3) Jennifer M. Soriano, the victim; and (4) Dr. Perfecto B. Tebangin, Municipal Health Officer of Natividad, Pangasinan.

    For the defense, appellant was the sole witness. His version of the incident is that on the night of January 22, 1992, he was at the house of his grandfather in San Macario, Natividad, Pangasinan watching television with his aunt and cousins. The house of his grandfather was located some two (2) meters away from the house of the victim. At around 7:30 in the evening, he went outside to urinate, and on his way back, he met the victim beside the house. He asked her to accompany him to get some ‘komiks’ from the house of his uncle. He held her hands and kissed her on the lips, but did not have sexual intercourse with her. He claims that the parents of the victim filed the rape charge against him because they were infuriated when they learned that he kissed their daughter. 5

    On July 7, 1994, the trial court rendered a decision 6 finding appellant guilty of statutory rape under Article 335, No. 3 of the Revised Penal Code. The dispositive portion of the decision states:jgc:chanrobles.com.ph

    "WHEREFORE, the Court, finding the accused GUILTY as charged, hereby sentences (sic) him to suffer the penalty of reclusion perpetua, which shall carry with it the accessory penalties of civil interdiction for life and that of perpetual absolute disqualification, in accordance with Articles 335 and 41 of the Revised Penal Code.chanroblesvirtuallawlibrary

    However, and as mandated by Article 29 of the same Code, the accused is hereby credited in the service of his sentence with four-fifths (4/5) of the time during which, prior to the finality of this judgment, he shall have undergone preventive imprisonment, there being no writing on record that shows that he ever voluntarily agreed as a detention prisoner to abide by the same disciplinary rules imposed upon convicted persons.

    Additionally, the accused is hereby ordered to indemnify Jennifer Soriano for moral damages in the amount of P50,000.00 in accordance with Article 100 of the Revised Penal Code and with Article 2219 of the Civil Code, and to pay the costs.

    SO ORDERED."cralaw virtua1aw library

    Hence, the present appeal. Appellant makes the following assignment of errors: 7

    I. THE TRIAL COURT GRAVELY ERRED IN GIVING FULL CREDENCE TO THE TESTIMONIES OF THE PROSECUTION WITNESSES WHICH ARE HIGHLY INCREDIBLE, INCONSISTENT AND UNRELIABLE.

    II. THE TRIAL COURT GRAVELY ERRED IN DISREGARDING IN EVIDENCE THE MEDICAL CERTIFICATE ISSUED BY DR. PERFECTO TEBANGIN AND IN NOT GIVING CREDENCE TO THE DEFENSE INTERPOSED BY THE ACCUSED-APPELLANT.

    III. THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND A REASONABLE DOUBT.

    In his brief, appellant assails the credibility of the victim and her witnesses arguing that her lurid story is not borne out by the medical findings. And even granting that he may have tried to force himself on the victim, the sexual act was never consummated because the victim, per her own testimony, was constantly struggling to be free.

    For the State, the Office of the Solicitor General prays for the affirmance in toto of the trial court’s decision, considering that jurisprudence is replete with rulings that rape may be committed even without vaginal lacerations or rupture of the hymen. Further, the OSG argues that the victim and her parents would not have made themselves the butt of barrio gossip by divulging that the victim was raped, if it were not true.

    In sum, the issues revolve on the credibility of the prosecution witnesses, the probative value of the medical certificate that the hymen of the victim was still intact, and the sufficiency of evidence to convict Appellant.

    Findings of the trial court on the credibility of witnesses are entitled to great respect and will not be disturbed on appeal, absent any showing of palpable mistake or grave abuse of discretion. 8 The records show that the victim was placed on the stand no less than three (3) times, yet she never wavered under withering cross-examination. Her statements were categorical, straightforward, candid, and credible. The Court has time and again ruled that the sole testimony of the victim in a rape case is sufficient to sustain a conviction if such testimony is credible. 9

    Further, no ill-motive could be imputed against the victim or her parents to manufacture such an accusation against the appellant, particularly where appellant, by his own admission, is on good terms with the family of the victim. 10 The victim and her family could not raise such a serious charge against the appellant unless justifiably motivated by a sincere desire to seek justice for a wrong done, for such a charge if untrue would only expose the victim and her entire family to humiliation and stigma attendant to a rape trial. 11 Moreover, we find that appellant’s defense of denial and alibi could not stand, in the face of his positive identification as the offender, and in view of the credible testimonies of the victim, her mother and the barangay captain.

    It was duly established during trial that the victim was only eleven (11) years old at the time of the rape. Where the girl is below twelve (12) years of age, violence or intimidation is not required, 12 and the only subject of inquiry is whether "carnal knowledge" took place. In People v. Quiñanola, G.R. No. 126148, May 5, 1999, pp. 20-21, we held that —

    "In the context it is used in the Revised Penal Code, "carnal knowledge," unlike its ordinary connotation of sexual intercourse, does not necessarily require that the vagina be penetrated or that the hymen be ruptured. (6 WORDS AND PHRASES 273 citing Walker v. State, 273 S.W. 2d 707, 711, 197 Tenn. 452). The crime of rape is deemed consummated even when the man’s penis merely enters the labia or lips of the female organ [People v. Cabebe, G.R. No. 125910, May 21, 1998) or, as once so said in a case, by the "mere touching of the external genitalia by a penis capable of consummating the sexual act." (People v. De la Peña, 233 SCRA 573 cited in People v. Castromero, 280 SCRA 421.)

    In this case, the victim testified that appellant "inserted his penis inside her vagina" 13 and that she felt "pain at the center." 14 Appellant kept on making "push and pull motion until she felt something spread on the skin of her vagina." 15 Clearly, carnal knowledge took place.chanrobles.com : red

    Appellant now desperately anchors his appeal on the lack of physical evidence of rape on the body of the victim. But his arguments are far from convincing. First, it is well-settled that rupture of the hymen or vaginal lacerations are not necessary for rape to be consummated. 16 Second, a medical examination is not indispensable in the prosecution of a rape victim. 17 Insofar as the evidentiary weight of the medical examination is concerned, we have already ruled that a medical examination of the victim, as well as the medical certificate, is merely corroborative in character and is not an indispensable element for conviction in rape. 18 What is important is that the testimony of private complainant about the incident is clear, unequivocal and credible, 19 and this we find here to be the case. Moreover, Dr. Tebangin himself clarified that since he examined the victim some fourteen (14) days after the incident, it is possible that during examination, there was no longer any evidence of the injuries which she might have sustained as a result of the rape. 20

    Considering the evidence for the prosecution and for the defense, we are in accord with the verdict that the appellant is guilty beyond reasonable doubt of the crime charged.

    At the time of the commission of the rape, the penalty therefor under Article 335 of the Revised Penal Code 21 was reclusion perpetua. Here, no mitigating or aggravating circumstances attended the commission of the crime. Hence the penalty imposed by the trial court is appropriate.

    Pursuant to existing jurisprudence, the amount of P50,000.00 as indemnity should be awarded to the victim. 22 The award to her of P50,000.00 as moral damages should also be affirmed. 23

    WHEREFORE, the appeal is hereby DENIED. The decision appealed from is AFFIRMED with MODIFICATIONS as to damages. Appellant MARLON LERIO is found guilty beyond reasonable doubt of statutory rape and sentenced to suffer the penalty of reclusion perpetua. He is also ordered to pay the victim the amount of P50,000.00 as indemnity and P50,000.00 as moral damages. Costs against Appellant.

    SO ORDERED.chanrobles virtuallawlibrary:red

    Bellosillo, Mendoza, Buena and De Leon, Jr., JJ., concur.

    Endnotes:



    1. The Information and Decision did not indicate his middle name.

    2. Rollo, pp. 95-97.

    3. Records, p. 1.

    4. Id. at 54.

    5. TSN, April 5, 1994, pp. 2-20.

    6. Records, pp. 173-191.

    7. Rollo, p. 46.

    8. People v. Vergel, G.R. No. 128813, October 4, 1999, p. 1.

    9. People v. Sugano, G.R. No. 127574, July 20, 1999, p. 8.

    10. TSN, April 5, 1994, p. 9.

    11. People v. Cabebe, 290 SCRA 543, 554 (1998).

    12. People v. Lualhati, 171 SCRA 277, 283 (1989).

    13. TSN, November 11, 1993, p. 6; TSN, January 20, 1994, 43; TSN, January 26, 1994, p. 3.

    14. TSN, November 11, 1993, p. 6.

    15. Ibid.

    16. People v. Tolentino, G.R. No. 130514, June 17, 1999, p. 4; People v. Quiñanola, G.R. No. 126148, May 5, 1999, p. 20; People v. Ayo, G.R. No. 123540, March 30, 1999, p. 15; People v. Almaden, G.R. No. 112088, March 25, 1999, p. 8; People v. Marcelo, G.R. No. 126714, March 22, 1999, p. 12; People v. de la Cuesta, G.R. No. 126134, March 2, 1999, p. 7; People v. Sagun, G.R. No. 110554, February 19, 1999, p. 10.

    17. People v. Venerable, 290 SCRA 15, 26 (1998).

    18. People v. Brandares, G.R. No. 130092, July 26, 1999, p. 6; People v. Dela Cuesta, G.R. No. 126134, March 2, 1999, p. 13; People v. Taneo, 284 SCRA 251, 268 (1998).

    19. Ibid.

    20. TSN, February 1, 1994, pp. 3-8; Exhibit "F" .

    21. Now Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353, the Anti-Rape Law of 1997, which took effect on October 22, 1997.

    22. People v. de Guzman, 265 SCRA 228, 246 (1996).

    23. People v. Prades, 293 SCRA 411, 431 (1998).

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


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