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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. 140995   August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 140995. August 30, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DANILO REGALA Y MANUOD, Accused-Appellant.

    D E C I S I O N


    MELO, J.:


    In her desire to look good by wearing dental retainers, Sarah Jane Villaluz did not know that it would cost her her womanhood.

    The facts are simple.chanrob1es virtua1 1aw 1ibrary

    Accused-appellant was a dental technician and had his clinic at his residence in Merville Subdivision, Dampalit, Malabon. He had a young son and a wife who works in Libya as a nurse. He was 52 years old. Sarah Jane Villaluz, on the other hand, was a 16-year old, second year high school student at the Eliza Esguerra High School in Hulo, Malabon, who, like any other teenager, was conscious of her appearance and wanted to enhance it.

    Sarah Jane testified that on February 17, 1997, she and her friend, Marsha, went to accused-appellant’s clinic to order dental retainers. Marsha paid P200.00 for her retainers while Sarah Jane was asked to come back the next day to get hers.

    At around 5 o’ clock in the afternoon of the following day, February 18, 1997, Sarah Jane returned to accused-appellant’s clinic. While waiting to get her retainers, Accused-appellant approached her and poked a kitchen knife at the right side of her body. He dragged her inside a room and pushed her down on a bed. Then he started to undress her by pulling her dress, her shorts and her underwear. Thereupon, Accused-appellant removed his shorts, went on top of her and sexually abused her. Sarah Jane tried to resist the intrusion into her womanhood but accused-appellant was too strong for her and he threatened to kill her and her family if she refused and also if she reports the matter to the authorities.

    On the following day, February 19, 1997, Sarah Jane disclosed the incident to Al, a helper in accused-appellant’s house, who accompanied her to the barangay to report the sexual assault. An Information for Rape was filed against accused-appellant and Sarah Jane was then examined at the National Bureau of Investigation by Dr. Armie Soreta-Umil.chanrob1es virtua1 1aw 1ibrary

    Dr. Soreta-Umil testified on the NBI Medico-Legal Report which showed that Sarah Jane’s hymen was distensible, i.e., it was still intact, elastic and can receive an average-size Filipino male organ in full erection without causing laceration. Dr. Soreta-Umil clarified that an intact hymen does not necessarily prove absence of sexual intercourse.

    All that accused-appellant could interpose in defense was denial. He testified that Sarah Jane had to return several times to his clinic because he could not give her her retainers as she had no money to pay for them. He also claimed that on the date when the alleged rape happened, his son and his helper were in his house. He likewise contended that Sarah Jane charged him with rape because, despite her pleas, he would not give her her retainers without payment.

    On October 29, 1999, the trial court rendered judgment finding accused-appellant guilty of the crime of rape. The decretal portion of the decision reads as follows:chanrob1es virtual 1aw library

    WHEREFORE, in view of the foregoing, the Court finds accused Danilo Regala y Manuod guilty beyond reasonable doubt of the crime of Rape and sentences him to suffer the penalty of reclusion perpetua and to pay Sarah Jane Villaluz the amount of P75,000.00 as moral damages and cost of the suit.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    (p. 13, Rollo.)

    Aggrieved, Accused-appellant elevated the case to us, assigning the following as the errors allegedly committed by the trial court, to wit:chanrob1es virtual 1aw library

    ASSIGNED ERRORS

    1. THE TRIAL COURT ERRED IN FINDING THE GUILT OF THE ACCUSED BEYOND REASONABLE DOUBT.

    2. THE DECISION OF THE TRIAL COURT DOES NOT STATE THE FACTS AND THE LAW UPON WHICH IT WAS BASED.

    Accused-appellant capitalizes on the fact that, based on Sarah Jane’s narration of the alleged rape, she did not put up a strong and violent resistance to the rape charged. Instead, it would appear that she allowed accused-appellant to engage in foreplay before he had sexual intercourse with her. It is accused-appellant’s contention that the sexual act was, therefore, consensual.

    With this argument, Accused-appellant admits that he had sexual relations with Sarah Jane, only it was with her consent. We have reviewed the record of the case, especially the testimony of Sarah Jane, and nothing therein supports accused-appellant’s contention. In her testimony of August 11, 1998, Sarah Jane described how she was raped by accused-appellant, thusly:chanrob1es virtual 1aw library

    Q. Tell us, what happened when you are securing or getting the retainer from the accused?

    A. He dragged me towards the room, sir.

    Q. Where did the accused hold you?

    A. At my both wrist, sir.

    Q. What happened inside the room of the accused?

    A. There he pushed me making me lie to the bed, sir.chanrob1es virtua1 1aw 1ibrary

    Q. What happened next after he pushed you lying of the bed?

    A. He forcibly tried to remove my dress, sir.

    Q. Was he forcibly removed your dress?

    A. No, sir, he just raised up.

    Q. What happened next?

    A. He pulled my bra, sir.

    Q. What else did he do after the bra was removed or pulled?

    A. He was also forcibly pulling my shorts and panty down, sir?

    Q. Was he able to remove your shorts and panty?

    A. Yes, sir.

    Q. What else happened while he was able to remove your shorts and panty?

    A. Then he went on top of me, sir.

    Q. Was he wearing clothes?chanrob1es virtua1 1aw 1ibrary

    A. No, sir.

    Q. How come that he has no clothes?

    A. While he was removing my dress, he was also removing his clothes, sir.

    Q. What happened next?

    A. He inserted his organ sir.

    Q. How did you know that it was organ which was inserted into your vagina?

    A. I was resisting but he was able to insert his organ, sir.

    Q. You said you were resisting, what happened to your resistance?

    A. I put up resistance but I was not able to do anything because he was strong, sir.

    Q. You said that it was his penis who inserted your vagina, how come, where was his hands?

    A. He was holding my hands while he was inserting his organ, sir.

    Q. After the accused inserted his organ to your vagina, what happened next while he was holding your both hands?chanrob1es virtua1 1aw 1ibrary

    A. His organ was making a push and pull to my organ then, he told me that he was going to ejaculate. Then, I felt something warm spilled on my organ, sir.

    Q. Did you understand when he said "lalabasan na ko" ?

    A. No, sir, he just said "lalabasan na ko" .

    Q. When you felt something hot inside your vagina, at this instance, where were the hands of the accused when he ejaculated?

    A. His hands were on my hands, sir.

    (tsn, August 11, 1998, pp. 5-7)

    Admittedly, Sarah Jane did not violently resist the attack on her womanhood. Accused-appellant interprets this as consent. It is, however, a well-entrenched rule that the lack of struggle by the victim does not necessarily negate the commission of rape, especially when the victim is intimidated by the offender into submission (People v. Arenas, 198 SCRA 172 [1991]; People v. Pasco, 181 SCRA 233 [1990]; People v. Viray, 164 SCRA 135 [1988]; People v. Monteverde, 142 SCRA 668 [1986]; People v. Malbad, 133 SCRA 392 [1984]). In the case at bar, intimidation is shown by the following: a) the incident took place inside accused-appellant’s house which also served as his clinic; b) accused-appellant exercised moral ascendancy over Sarah Jane not only because he was much older than her at 52 years old (Sarah Jane was only 16 years old), but also because of the dental technician-client relationship that existed between them; and c) accused-appellant threatened to kill Sarah Jane and her family if she refused him. Thus, Sarah Jane’s lack of violent struggle was compelled by her genuine fear of accused-appellant who exercised moral authority over her and the genuine fear he instilled in her mind that he will kill her and her family if she refused to accede to his bestial desires and if she reports the matter to the authorities.chanrob1es virtua1 1aw 1ibrary

    It is likewise consistent with human experience that people react differently to a particular situation (People v. Herrick, 187 SCRA 364 [1990]) given the variance of their background and upbringing and the nature of the crime. In rape cases, for instance, while some victims raise an outcry, others simply weep in helpless protest. Sarah Jane must belong to the latter class.

    Accused-appellant harps on the fact that Sarah Jane’s hymen was found to be intact even after the alleged rape. However, as explained by the medico-legal officer of the NBI, Dr. Armie Soreta-Umil, an intact hymen does not necessarily prove absence of sexual intercourse. In People v. Ayo (305 SCRA 543 [1999]), we had occasion to rule that the absence of hymenal laceration does not disprove sexual abuse. Jurisprudence recognizes that the slightest introduction of the male organ into the labia of the pudendum constitutes rape (People v. Dela Peña, 276 SCRA 558 [1997]; People v. Borja, 267 SCRA 370 [1997]).

    To support a conviction for rape, the court may rely solely on the testimony of the victim, provided such testimony is credible, natural, convincing, and consistent with human nature and the normal course of things (People v. Velasquez, G.R. No. 137383-84, November 23, 2000). Accused-appellant would have us believe that Sarah Jane is not credible. He charges that her testimony is replete with contradictions and inconsistencies and is thus untrustworthy. Again, a review of the record indicates that the inconsistencies in Sarah Jane’s testimony referred to a mix-up of the dates when she reported the crime to the police (was it on the 19th or the 20th of February 2000?), and the manner how accused-appellant undressed her before the sexual assault. We have held that a rapist should not expect the hapless object of his lechery to have the memory of an elephant and the cold precision of a mathematician (People v. Mandap, 244 SCRA 457 [1995]). Victims of rape often fall into memory lapses in their desire to forget their dreadful experience. These memory gaps should not necessarily be taken as evidence of false testimony (People v. Balmoria, G.R. No. 134539, November 15, 2000). Moreover, except for compelling reasons, which we find to be wanting in the case at hand, we cannot disturb the manner the trial courts calibrate the credence of witnesses because of their direct opportunity to observe the witnesses on the stand and to detect if they are telling the truth (People v. Albao, 287 SCRA 129 [1998]). As trial courts, they can best appreciate the verbal and non-verbal communication made by witnesses which cannot, with precise accuracy, be placed in the record (People v. Mayorga, G.R. No. 135405, November 29, 2000).chanrob1es virtua1 1aw 1ibrary

    Accused-appellant imputes vengeance on the part of Sarah Jane as the motive for her charging him with rape. He argues that Sarah Jane wants to get even with him because he refused to give her retainers for free. We find the contention incredible. It will take an enormous amount of evil for a young woman like Sarah Jane to accuse a person with rape on account of a set of retainers worth P250.00.

    IN VIEW OF THE FOREGOING, the conviction of DANILO REGALA Y MANUOD is hereby AFFIRMED with the MODIFICATION that the award of moral damages in the amount of P75,000.00 shall be reduced to P50,000.00 in line with prevailing jurisprudence (People v. Velasquez, supra; People v. Tagaylo, G.R. No. 137108-09, November 20, 2000). In addition, Accused-appellant is hereby ordered to pay Sarah Jane Villaluz the amount of P50,000.00 as civil indemnity (People v. Balmoria, G.R. No. 134539, November 15, 2000). With costs.

    SO ORDERED.

    Vitug, Panganiban, Gonzaga-Reyes and Sandoval-Gutierrez, JJ., concur.

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


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