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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
 

   
August-2001 Jurisprudence                 

  • G.R. No. 126899 August 2, 2001 - PEOPLE OF THE PHIL. v. FELICITO T. BARBOSA

  • G.R. No. 128137 August 2, 2001 - PEOPLE OF THE PHIL. v. MARIO HAMTO

  • G.R. No. 131203 August 2, 2001 - PEOPLE OF THE PHIL. v. GUILLERMO CARIÑO

  • G.R. No. 137473 August 2, 2001 - ESTELITO V. REMOLONA v. CSC

  • G.R. Nos. 141702-03 August 2, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC, ET AL.

  • G.R. Nos. 128816 & 139979-80 August 8, 2001 - PEOPLE OF THE PHIL. v. ALFREDO P. CABILTO, ET AL.

  • G.R. No. 131817 August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

  • G.R. Nos. 133791-94 August 8, 2001 - PEOPLE OF THE PHIL. v. CORNELIO SUPNAD

  • G.R. No. 135065 August 8, 2001 - PEOPLE OF THE PHIL. v. BENNY CABANGCALA, ET AL.

  • Adm. Case No. 4982 August 9, 2001 - KATRINA JOAQUIN CARIÑO v. ARTURO DE LOS REYES

  • A.M. No. 01-2-47-RTC August 9, 2001 - RE: JUDGE GUILLERMO L. LOJA,

  • A.M. No. MTJ-01-1365 August 9, 2001 - CESINA EBALLA v. ESTRELLITA M. PAAS, ET AL.

  • Adm. Matter No. P-01-1495 August 9, 2001 - ESMERALDO D. VISITACION v. GREDAM P. EDIZA

  • A.M. No. RTJ-99-1506 August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

  • A.M. No. P-01-1489 August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

  • G.R. No. 110740 August 9, 2001 - NDC-GUTHRIE PLANTATIONS, ET AL. v. NLRC, ET AL.

  • G.R. No. 112485 August 9, 2001 - EMILIA MANZANO v. MIGUEL PEREZ SR., ET AL.

  • G.R. No. 129209 August 9, 2001 - PEOPLE OF THE PHIL. v. JESEMIEL MOSQUERRA, ET AL.

  • G.R. No. 134565 August 9, 2001 - PEOPLE OF THE PHIL v. LUDIVINO MIANA, ET AL.

  • G.R. Nos. 138472-73 August 9, 2001 - PEOPLE OF THE PHIL. v. NOEL PADILLA

  • G.R. No. 138964 August 9, 2001 - VICENTE RELLOSA, ET AL. v. GONZALO PELLOSIS, ET AL.

  • G.R. No. 139411 August 9, 2001 - PEOPLE OF THE PHIL. v. AGAPITO TORALBA

  • G.R. No. 139532 August 9, 2001 - REGAL FILMS v. GABRIEL CONCEPCION

  • G.R. No. 139665 August 9, 2001 - MA. VILMA S. LABAD v. UNIVERSITY OF SOUTHEASTERN PHIL., ET AL.

  • G.R. No. 140347 August 9, 2001 - PEOPLE OF THE PHIL. v. ROLANDO OLITA

  • G.R. No. 142546 August 9, 2001 - ANASTACIO FABELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 142838 August 9, 2001 - ABELARDO B. LICAROS v. ANTONIO P. GATMAITAN

  • G.R. No. 143881 August 9, 2001 - DANILO EVANGELISTA v. PEDRO SISTOZA, ET AL.

  • G.R. No. 143949 August 9, 2001 - ATCI OVERSEAS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144089 August 9, 2001 - CONCORDE HOTEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 126480 August 10, 2001 - MARIA TIN v. PEOPLE OF THE PHIL.

  • G.R. No. 129162 August 10, 2001 - PEOPLE OF THE PHIL. v. WILLY FIGURACION, ET AL.

  • G.R. No. 130998 August 10, 2001 - MARUBENI CORP. ET AL. v. FELIX LIRAG

  • G.R. Nos. 137934 & 137936 August 10, 2001 - BATANGAS LAGUNA TAYABAS BUS COMPANY, ET AL. v. BENJAMIN M. BITANGA. ET AL.

  • G.R. No. 143673 August 10, 2001 - CONRADO TUAZON, ET AL. v. ERNESTO GARILAO, ET AL.

  • G.R. No. 144708 August 10, 2001 - RAFAEL ALBANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 146724 August 10, 2001 - GIL TAROJA VILLOTA v. COMELEC, ET AL.

  • G.R. No. 136266 August 13, 2001 - EUTIQUIO A. PELIGRINO v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-01-1612 August 14, 2001 - MARCO FRANCISCO SEVILLEJA v. ANTONIO N. LAGGUI

  • A.M. No. P-00-1438 August 14, 2001 - JUNN F. FLORES v. ROGER S. CONANAN

  • G.R. No. 135482 August 14, 2001 - ORLANDO SALVADOR v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 136192 August 14, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO DESIERTO, ET AL.

  • G.R. No. 141617 August 14, 2001 - ADALIA B. FRANCISCO and MERRYLAND DEVELOPMENT CORPORATION v. RITA C. MEJIA

  • G.R. No. 142276 August 14, 2001 - FLORENTINO GO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142662 August 14, 2001 - PEOPLE OF THE PHIL. v. JERRY FERRER

  • A.C. No. 5486 August 15, 2001 - IN RE: ATTY. DAVID BRIONES.

  • A.M. RTJ No. 89-403 August 15, 2001 - MOLINTO D. PAGAYAO v. FAUSTO H. IMBING

  • A.M. No. 96-9-332-RTC August 15, 2001 - DIRECTOR, PNP NARCOTICS COMMAND v. JAIME N. SALAZAR

  • A.M. No. P-99-1311 August 15, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ALBERTO V. GARONG

  • G.R. Nos. 113822-23 August 15, 2001 - PEOPLE OF THE PHIL. v. RAUL L. PABLO, ET AL.

  • G.R. No. 118492 August 15, 2001 - GREGORIO H. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120468 August 15, 2001 - PEOPLE OF THE PHIL. v. LOPE B. LIWANAG, ET AL.

  • G.R. No. 128177 August 15, 2001 - ROMAN SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129295 August 15, 2001 - PEOPLE OF THE PHIL. v. EDWIN MORIAL, ET AL.

  • G.R. No. 129598 August 15, 2001 - PNB MADECOR v. GERARDO C. UY

  • G.R. No. 130360 August 15, 2001 - WILSON ONG CHING KIAN CHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 136834 August 15, 2001 - FELIX SENDON, ET AL. v. FRATERNIDAD O. RUIZ, ET AL.

  • G.R. No. 137271 August 15, 2001 - PEOPLE OF THE PHIL v. REYNALDO CORRE JR., ET AL.

  • G.R. No. 137509 August 15, 2001 - PEVET ADALID FELIZARDO, ET AL v. SIEGFREDO FERNANDEZ

  • G.R. Nos. 137969-71 August 15, 2001 - PEOPLE OF THE PHIL v. RAFAEL SALALIMA

  • G.R. No. 139337 August 15, 2001 - MA. CARMINIA C. ROXAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 139420 August 15, 2001 - ROBERTO R. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140900 & 140911 August 15, 2001 - PEOPLE OF THE PHIL. v. RODERICK LICAYAN, ET AL.

  • G.R. No. 143340 August 15, 2001 - LILIBETH SUNGA-CHAN, ET AL v. LAMBERTO T. CHUA

  • G.R. No. 144813 August 15, 2001 - GOLD LINE TRANSIT v. LUISA RAMOS

  • G.R. No. 147270 August 15, 2001 - IN RE: PETE C. LAGRAN

  • A.M. No. RTJ-00-1565 August 16, 2001 - FEDERICO S. BERNARDO v. PATERNO G. TIAMSON

  • G.R. No. 119900 August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121897 August 16, 2001 - PEOPLE OF THE PHIL. v. GIL TEMPLA, ET AL.

  • G.R. No. 126200 August 16, 2001 - DEV’T. BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126926 August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127543 August 16, 2001 - INTERNATIONAL PIPES, ET AL. v. F. F. CRUZ & CO.

  • G.R. No. 132155 August 16, 2001 - ARAS-ASAN TIMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 134292 August 16, 2001 - PEOPLE OF THE PHIL. v. FRANCO MORALES

  • G.R. No. 136365 August 16, 2001 - ENRIQUE R. CAMACHO, ET AL. v. PHIL. NAT’L. BANK, ET AL.

  • G.R. No. 136780 August 16, 2001 - JEANETTE D. MOLINO v. SECURITY DINERS INTERNATIONAL CORP.

  • A.M. No. RTJ-00-1597 August 20, 2001 - WILSON ANDRES v. ORLANDO D. BELTRAN

  • A.M. No. RTJ-94-1131 August 20, 2001 - MIGUEL ARGEL v. HERMINIA M. PASCUA

  • G.R. No. 110055 August 20, 2001 - ASUNCION SAN JUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111685 August 20, 2001 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131866 August 20, 2001 - PEOPLE OF THE PHIL. v. CARLOS DOCTOLERO

  • G.R. No. 132174 August 20, 2001 - GUALBERTO CASTRO v. RICARDO GLORIA

  • G.R. No. 132684 August 20, 2001 - HERNANI N. FABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 134718 August 20, 2001 - ROMANA INGJUGTIRO v. LEON V. CASALS, ET AL.

  • G.R. No. 142401 August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 137299 August 21, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO NANAS

  • G.R. No. 138869 August 21, 2001 - DAVID SO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140519 August 21, 2001 - PHIL. RETIREMENT AUTHORITY v. THELMA RUPA

  • G.R. No. 130817 August 22, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138403 August 22, 2001 - PEOPLE OF THE PHIL. v. ROLLY C. ABULENCIA

  • G.R. Nos. 141712-13 August 22, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO M. BOHOL

  • G.R. No. 143867 August 22, 2001 - PLDT v. CITY OF DAVAO, ET AL.

  • G.R. No. 128628 August 23, 2001 - ILDEFONSO SAMALA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133749 August 23, 2001 - HERNANDO R. PEÑALOSA v. SEVERINO C. SANTOS

  • G.R. No. 133789 August 23, 2001 - PEOPLE OF THE PHIL. v. EDUARDO P. CHUA, ET AL.

  • G.R. No. 136506 August 23, 2001 - REPUBLIC OF THE PHIL. v. ANIANO A. DESIERTO, ET AL.

  • G.R. Nos. 137199-230 August 23, 2001 - PEOPLE OF THE PHIL. v. GEORGE J. ALAY-AY

  • G.R. No. 137842 August 23, 2001 - PEOPLE OF THE PHIL. v. DANILO H. CATUBIG

  • G.R. No. 138588 August 23, 2001 - FAR EAST BANK & TRUST COMPANY v. DIAZ REALTY INC.

  • G.R. No. 138022 August 23, 2001 - PEOPLE OF THE PHIL. v. PEDRO A. FRANCISCO

  • G.R. No. 144142 August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

  • G.R. Nos. 138298 & 138982 August 24, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 131609 August 27, 2001 - PEOPLE OF THE PHIL. v. BONIFACIO PUERTA

  • A.M. No. RTJ-00-1571 August 28, 2001 - JESUS GUILLAS v. RENATO D. MUÑEZ

  • A.M. No. RTJ-01-1645 August 28, 2001 - VICTORINO S. SIANGHIO, JR. v. BIENVENIDO L. REYES

  • A.M. No. RTJ-01-1626 August 28, 2001 - JOSELITO D. FRANI v. ERNESTO P. PAGAYATAN

  • G.R. Nos. 100633 & 101550 August 28, 2001 - SOCORRO ABELLA SORIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114118 August 28, 2001 - SIMEON BORLADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 125728 August 28, 2001 - MARIA ALVAREZ VDA. DE DELGADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 129960 August 28, 2001 - PEOPLE OF THE PHIL. v. PEDRO CARIÑO

  • G.R. No. 131175 August 28, 2001 - JOVITO VALENZUELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 133056 August 28, 2001 - FACUNDO T. BAUTISTA v. PUYAT VINYL PRODUCTS

  • G.R. No. 140812 August 28, 2001 - CANDIDO ALFARO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143256 August 28, 2001 - RODOLFO FERNANDEZ, ET AL. v. ROMEO FERNANDEZ, ET AL.

  • G.R. No. 144653 August 28, 2001 - BANK OF THE PHIL. ISLANDS v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-00-1415-MeTC August 30, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. TERESITA Q. ORBIGO-MARCELO

  • G.R. No. 111709 August 30, 2001 - PEOPLE OF THE PHIL. v. ROGER P. TULIN, ET AL.

  • G.R. No. 119811 August 30, 2001 - SOCORRO S. TORRES, ET AL. v. DEODORO J. SISON, ET AL.

  • G.R. No. 123980 August 30, 2001 - PEOPLE OF THE PHIL. v. MANUEL CALIMLIM

  • G.R. No. 127905 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO REMUDO

  • G.R. No. 129093 August 30, 2001 - JOSE D. LINA, ET AL. v. FRANCISCO DIZON PAÑO, ET AL.

  • G.R. No. 133113 August 30, 2001 - EDGAR H. ARREZA v. MONTANO M. DIAZ

  • G.R. No. 136280 August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. 139083 August 30, 2001 - FLORENCIA PARIS v. DIONISIO A. ALFECHE

  • G.R. No. 140229 August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

  • G.R. No. 140995 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

  • G.R. No. 141128 August 30, 2001 - PEOPLE OF THE PHIL. v. ORPIANO DELOS SANTOS

  • G.R. No. 141283 August 30, 2001 - SEGOVIA DEVELOPMENT CORP. v. J.L. DUMATOL REALTY

  • G.R. No. 144442 August 30, 2001 - JESUS SALVATIERRA v. THE PEOPLE OF THE PHILIPPINES

  • A. M. No. 00-7-299-RTC August 31, 2001 - REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45

  • A.M. No. 00-8-03-SB August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

  • A.M. No. P-99-1316 August 31, 2001 - KENNETH S. NEELAND v. ILDEFONSO M. VILLANUEVA

  • G.R. Nos. 132548-49 August 31, 2001 - PEOPLE OF THE PHILIPPINES v. ALEJO MIASCO

  • G.R. No. 141211 August 31, 2001 - CITY WARDEN OF THE MANILA CITY JAIL v. RAYMOND S. ESTRELLA, ET AL.

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    G.R. No. 140229   August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 140229. August 30, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. HENRY BALMOJA alias Ayat, Accused-Appellant.

    D E C I S I O N


    BELLOSILLO, J.:


    HENRY BALMOJA alias Ayat was found guilty of rape by the RTC-Br. 272, Marikina City, and sentenced to reclusion perpetua and to pay his victim P50,000.00 for moral damages. 1 He now appeals his conviction.

    The Decision of the court a quo is anchored on the following factual findings: on 24 July 1997, at the behest of her teacher, a certain Mrs. Cillo, fourteen (14) year old Cynthia Lea Dapoc, private complainant, set out in search for the house of an absentee student so she could deliver a notice coming from her teacher. While trying to locate the place, Accused Henry Balmoja pointed Lea towards the direction of Ma. Cristina Village. As she started to proceed on her way, the accused volunteered to accompany her but led her instead towards San Isidro Village. While there, Balmoja persuaded Lea to enter a vacant grassy area with a factory-like structure adjacent to it alleging that a certain lieutenant was tracking him down on account of a missing girl. Once in the grassy portion, Balmoja locked her in an embrace and made her sit on his lap. As she struggled, he removed her shirt, pants and panty, leaving her with only her sando on. Lea pleaded for Balmoja to stop but every time she did the latter strangled her into silence. Her fear was further exacerbated by the sight of a pair of long-nose pliers in the pocket of the accused. Balmoja then inserted his penis into her vagina. She cried in pain and begged him to stop. It was over in a few minutes. Seemingly satisfied, Balmoja told Lea to dress up and told her not to tell anybody, otherwise he would "bomb" her house. Thereafter, she was released.chanrob1es virtua1 law library

    Despite her ordeal, Lea managed to deliver the notice and to prepare herself for school. She did not reveal her tragic experience to the attendant at the beauty parlor from whom she asked for directions; neither did she tell her relatives at home, as she was ashamed, but decided to divulge it to her teacher instead. In school, Lea broke down before Mrs. Cillo who immediately summoned Lea’s mother to the Guidance Counselor’s Office where she was apprised of her daughter’s misfortune.

    Assisted by her mother, Mrs. Cillo, and another personnel from her school, Lea went to the police station where she filed a complaint against now accused Henry Balmoja whom she described as her rapist. Subsequently, Lea underwent medico-legal examination where it was discovered that she had two (2) abrasions on the posterior aspect of her right forearm which could have been caused by a hard, rough and sharp object, and fresh bleeding lacerations on the hymen at 3 o’clock, 6 o’clock, and 8 o’clock positions that could have been inflicted within twenty-four (24) hours.

    The court a quo did not give credence to Henry Balmoja’s claim that at the time of the incident he was sleeping in his house in Tumana, Concepcion, Marikina City; that earlier at 6:30 in the morning he was awakened by his brother-in-law Sonny Dalusong to deliver a swing in Cavite but that he opted to sleep it out instead as he had stayed up late the night before as he watched a mahjong game; and that he woke up only at 1:30 in the afternoon. The lower court declared that the defense of alibi by the accused could not prosper over the positive testimony of private complainant Cynthia Lea Dapoc that he was the one who raped her.chanrob1es virtua1 1aw 1ibrary

    Accused-appellant now contends that the trial court erred in convicting him of rape when his guilt had not been proved beyond reasonable doubt. He argues that Lea’s claim that it was out of fear that she entered the vacant grassy area does not deserve credence since, first, Lea admitted that she did not believe his tale of a lieutenant looking for him in connection with a missing woman; second, she did not know the woman on the picture; and third, she had no reason to hide from the "lieutenant."cralaw virtua1aw library

    Accused-appellant disputes further the finding of force or intimidation by the lower court as there was no physical evidence that Lea was strangled and the only physical injuries noted on her body, apart from those in her genitalia, were the abrasions on the posterior aspect of her right forearm. He avers that it was hard to believe that the presence of a pair of long-nose pliers in his pocket would instill fear in the victim sufficient enough for her not to even put up a token resistance. He contends that Lea herself admitted that she did not shout nor resist when he undressed her.chanrob1es virtua1 1aw 1ibrary

    Accused-appellant likewise contends that private complainant’s testimony is not credible as it was inconsistent. He notes that during private complainant’s direct testimony she stated that he laid her on the ground, undressed her, placed himself on top of her, and tried to insert his penis into her vagina. However, during cross-examination, she narrated that accused-appellant did not tell her to lie down but instead placed her on his lap, with her back against him, and while accused-appellant held her, he undressed both of them.

    Moreover, Accused-appellant observes that the conduct of private complainant immediately after the incident was not the natural reaction of a woman who had just been sexually abused since she still looked for the address of the absentee student on the notice and even asked directions from a parlor attendant. He also finds it unbelievable that private complainant did not immediately inform any member of her family considering that she went home and could immediately phone her mother.

    Accused-appellant thus maintains his innocence and avers that the trial court should not have been hasty in ruling out his defense of alibi. Contrary to the trial court’s finding, he contends that his home was not a fifteen (15) minute walk from the locus criminis but a fifteen (15) or twenty (20) minute ride away which makes it physically impossible for him to have been at the scene of the crime at the time it was committed had he been awake.chanrob1es virtua1 1aw 1ibrary

    We find the arguments unmeritorious. Prior to its amendment, 2 Art. 335 of The Revised Penal Code (RPC) provides that rape is committed when the malefactor has carnal knowledge of a woman under any of the following circumstances: (a) by using force or intimidation; (b) when the woman is deprived of reason or is otherwise rendered unconscious; or (c) when the woman is under twelve (12) years of age, even when neither of the preceding circumstances is present. What is vital is that the act of copulation be proven under any of the conditions enumerated.

    Here, Lea was unwavering in her narration that accused-appellant was the one who sexually abused her by employing deceit, intimidation and force upon her. Accused-appellant lured her into a trap by promising her that he would accompany her to the address indicated on the notice and later tried to deceive her into believing that a lieutenant was about to apprehend him. Lea admitted being skeptical of Balmoja’s tale but she likewise declared that every time she tried to leave, Balmoja would prevent her by holding on to her hands and letting her sit down. 3

    On cross-examination, she acknowledged that they were near the exit, where on one side was a grassy area full of branches while on the other side was a narrow pathway which rendered escape possible, but she was held back by accused-appellant who locked her arms in an embrace and pushed her down on the ground. 4 Indeed, as accused-appellant asserted, private complainant Lea did not shout, but not for want of trying. She pleaded for him to spare her but he strangled her. 5 Lea was further held immobile by the sight of the pliers of accused-appellant which she feared would be used against her if she continued struggling. 6 Contrary therefore to accused-appellant’s assertion, it was more than token resistance that was exhibited by Lea but foresight and prudence in the midst of adversity.

    We likewise find that private complainant was able to adequately establish the act of rape as she was consistent in her narration. The statements she uttered should be viewed in the context in which they were expressed and not compartmentalized. Thus, when Lea stated that accused-appellant laid her on the ground, undressed her, placed himself on top of her, and tried to insert his penis into her vagina, it was in answer to the question of how the felon raped her. 7 However, private complainant’s statement that she was not lying down but was instead on top of accused-appellant with her back against him while he undressed her and himself was made in answer to the query on why she was not able to put up any resistance against the advances of accused-appellant and escape his clutches. 8 In this declaration private complainant was therefore not referring to the execution of the rape itself as she clarified that it happened only after accused-appellant had undressed her. Thus —

    ATTY. VALEZA: After he undressed you, what happened next?

    A He laid on top of me and he was trying to. . .?

    Q What do you mean by "ano" ?

    A He tried to insert his penis into my vagina? 9

    All other considerations and alleged factual discrepancies fade in the light of this averment. For a discrepancy to serve as basis for acquittal, such must refer to significant facts vital to the guilt or innocence of the accused. An inconsistency, which has nothing to do with the elements of the crime, cannot be a ground to reverse a conviction. 10 Thus, any inconsistency with regard to private complainant Lea’s position relative to accused-appellant Balmoja is inconsequential as the material fact that the latter inserted his penis into her vagina has been established.chanrob1es virtua1 1aw 1ibrary

    Although the extent of penile penetration was not expounded upon, private complainant’s cry of pain and entreaty that accused-appellant cease from his actions 11 show that a certain degree of penetration was achieved sufficient to conclude that consummated rape was committed. This was confirmed by the medico-legal report which declared that private complainant’s hymen had fresh bleeding lacerations at 3 o’clock, 6 o’clock, and 8 o’clock positions that could have been inflicted within twenty-four (24) hours as of the time of the examination. 12

    Accused-appellant begs the question when he requires additional evidence of physical injury. In rape cases, it is the victim’s lacerated hymen that is more conclusive than any physical injury. People v. Alimon 13 is in point. There the accused capitalized on the absence of physical injuries on the body of the victim as well as on the alleged uncertainty of penile penetration since it was claimed that he placed himself on top of the victim although did not succeed in fully inserting his penis into her organ. The Court however found the victim’s healed lacerations to be consistent with her claim that she was raped, and adjudged the accused guilty of the crime. It held that the absence of any external sign or physical injury on the body of the victim did not negate the commission of the crime of rape. So we hold in this case.

    Private complainant’s subsequent demeanor is not contrary to the natural reaction of a woman who had just been defiled. It is evident that she was in shock and in denial of the horror to which she had been subjected and opted to do something methodical and mechanical — deliver the notice, take a bath, prepare for school. Victims have been known to react differently to trauma and tragedy but this does not affect their credibility. Certain however with private complainant was the person to whom she was to reveal her sad fate — teacher Mrs. Cillo. As explained by Lea, she was ashamed to tell anyone else and knew it was only Mrs. Cillo who would understand her. Thus she waited to get to school to see her. This too is not a point against private complainant as naturally people disclose vital information only to those whom they trust and who would sympathize with them.

    The burden of proof to establish the crime lies with the prosecution and this it was able to dispense satisfactorily. The defense of alibi and denial of accused-appellant is weak compared to the mountain of evidence presented by the prosecution as to the guilt and culpability of Accused-Appellant. It cannot prevail over the positive identification of accused-appellant by private complainant. 14 Other than defense witness Vilma Santos’ claim that she saw Balmoja sleeping on a wooden bed, no other witness was presented by the defense — not the niece of Balmoja whom Vilma Santos spoke to outside of the house of Balmoja, 15 nor Darling and Dennis who passed by and beckoned to Vilma Santos. 16 Other than his assertion that he was asleep at the time of the incident, Accused-appellant did not present any evidence showing that his presence at the locus criminis was impossible. Pitted against the volume of evidence presented by the prosecution the defense of alibi and denial of accused-appellant therefore falls as it has nothing to anchor on.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the 18 February 1999 Decision of the Regional Trial Court (RTC), Br. 272, Marikina City, declaring accused-appellant Henry Balmoja alias Ayat guilty beyond reasonable doubt of the crime of rape and sentencing him to suffer the penalty of reclusion perpetua and to pay complainant P50,000.00 as moral damages, is AFFIRMED. In addition, consistent with prevailing jurisprudence, Accused-appellant is also ordered to pay the complaining witness P50,000.00 as civil indemnity and P25,000.00 as exemplary damages.

    SO ORDERED.

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

    Endnotes:



    1. Decision penned by Judge Reuben P. De la Cruz, RTC-Br. 272, Marikina City.

    2. Article 335 of the Revised Penal Code (RPC) was amended by R.A. 8353, otherwise known as "The Anti-Rape Law of 1997." Under the new law, the definition of the crime of rape was expanded, reclassified as a crime against persons, and incorporated into Title Eight under Chapter Three of the RPC as Articles 266-A, 266-B, 266-C and 266-D.

    3. TSN, 27 July 1998, p.41.

    4. Id., pp. 42-44.

    5. Id., p. 21.

    6. Id., pp. 21-22.

    7. ATTY. VALEZA You said you were raped, how did that person rape you?

    WITNESS He undressed me, he laid on top of me, he kissed me on my lips and on my breast. (TSN, 27 July 1998, pp. 12-13.)

    8. ATTY. LARRACAS So in other words, you want to tell us that you did not put any resistance to defend yourself against the man?

    A Because he always held my two (2) hands so I could not move.

    Q You can kick him if you want?

    A Yes, but I was sitting on the ground.

    Q When the man asked you to lie down, what was he doing at that time?

    A He did not tell me to lie down. He laid me on top of him while he was holding my hands he was undressing himself and he undressed me.

    Q While you were lying on top of him?

    A I was lying on top of him with my back against him.

    Q So you mean to tell us that you were lying on top of him so if you want at that time to run away or stand up, you can easily do so because you were lying only on top of him and not under him?

    A Because he was holding my hands so I cannot move. (TSN, 27 July 1998, pp. 44-45).

    9. Id., pp. 22-23.

    10. People v. Antonio, G.R. No. 128149, 24 July 2000, citing People v. Bato, G.R. No. 134939, 16 February 2000 and People v. Sancha, G.R. Nos. 131818-19, 3 February 2000.

    11. Id., p. 24

    12. TSN, 24 March 1998, p. 17.

    13. G.R. No. 87758, 28 June 1996, 257 SCRA 658.

    14. People v. Batidor alias "Tora," G.R. No. 126027, 18 February 1999.

    15. TSN, 24 November 1998, p. 10.

    16. Id., pp. 15-16.

    G.R. No. 140229   August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA


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