ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
July-2001 Jurisprudence                 

  • A.M. No. MTJ-99-1188 July 2, 2001 - JOSE E. GURAY v. FABIAN M. BAUTISTA

  • A.M. No. P-01-1481 July 5, 2001 - RCBC v. NOEL V. QUILANTANG

  • G.R. No. 135199 July 5, 2001 - CRISOSTOMO MAGAT, ET AL. v. ALBERT M. DELIZO, ET AL.

  • G.R. No. 141285 July 5, 2001 - CEBU INSTITUTE OF MEDICINE, ET AL. v. CEBU INSTITUTE OF MEDICINE EMPLOYEES’ UNION

  • G.R. No. 141947 July 5, 2001 - ISMAEL V. SANTOS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144275 July 5, 2001 - NATIONAL HOUSING AUTHORITY, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. 97-2-53-RTC July 6, 2001 - RE: FERDINAND J. MARCOS

  • G.R. No. 132318 July 6, 2001 - PEOPLE OF THE PHIL. v. FERNANDO F. MUERONG

  • G.R. No. 134114 July 6, 2001 - NESTLE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134779 July 6, 2001 - PEOPLE OF THE PHIL. v. HERSON FLORAGUE, ET AL.

  • G.R. Nos. 137608-09 July 6, 2001 - PEOPLE OF THE PHIL. v. REMEGIO TAGANNA

  • G.R. No. 143375 July 6, 2001 - RUTH D. BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131856-57 July 9, 2001 - PEOPLE OF THE PHIL. v. WILLIAM MONTINOLA

  • G.R. Nos. 85494, 85496 & 195071 July 10, 2001 - CHOITHRAM JETHMAL RAMNANI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126166 July 10, 2001 - PEOPLE OF THE PHIL v. ALLAN TEJADA

  • G.R. No. 133928 July 10, 2001 - PEOPLE OF THE PHIL. v. NECESARIO HIJAPON, ET AL.

  • G.R. No. 136267 July 10, 2001 - PEOPLE OF THE PHIL. v. FIDEL ABRENICA CUBCUBIN, JR.

  • G.R. Nos. 142801-802 July 10, 2001 - BUKLOD NG KAWANING EIIB, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • A.M. No. MTJ-00-1253 July 11, 2001 - KIAT REAPORT, ET AL. v. EFREN S. MARIANO

  • A.M. No. P-01-1452 July 11, 2001 - FERMA C. PORTIC v. MARIO B. LOPEZ, ET AL.

  • G.R. No. P-01-1479 July 11, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. RUBEN B. ALBAYTAR

  • G.R. No. 104802 July 11, 2001 - AURELIA S. LLANA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 108301 & 132539 July 11, 2001 - MANILA ELECTRIC COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 108346 July 11, 2001 - MARIANO Z. VELARDE, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 135210 July 11, 2001 - COMMISSIONER OF INTERNAL REVENUE v. ISABELA CULTURAL CORP.

  • G.R. No. 137050 July 11, 2001 - PEOPLE OF THE PHIL. v. GEORGE CORTES

  • G.R. No. 137891 July 11, 2001 - PEOPLE OF THE PHIL. v. JESUS PATRIARCA

  • G.R. No. 140365 July 11, 2001 - CESAR P. UY, ET AL v. VICTORINO P. EVANGELISTA, ET AL.

  • G.R. No. 140974 July 11, 2001 - RAMON ORO v. GERARDO D. DIAZ

  • A.M. No. MTJ-01-1349 July 12, 2001 - BERNADETTE MONDEJAR v. MARINO S. BUBAN

  • G.R. No. 101974 July 12, 2001 - VICTORIA P. CABRAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 102313 July 12, 2001 - R. F. NAVARRO & CO. v. FORTUNATO A. VAILOCES, ET AL.

  • G.R. Nos. 102696, 102716, 108257 & 120954 July 12, 2001 - ALBERTO LOOYUKO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 104223 July 12, 2001 - TIBURCIO SAMONTE v. COURT OF APPEALS, ET AL.

  • G.R. No. 104383 July 12, 2001 - PEOPLE OF THE PHIL. v. VALERIANO AMESTUZO, ET AL.

  • G.R. No. 112590 July 12, 2001 - STATE INVESTMENT HOUSE v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131638-39 July 12, 2001 - PEOPLE OF THE PHIL. v. LORETO D. MEDENILLA

  • G.R. No. 138737 July 12, 2001 - FINMAN GEN. ASSURANCE CORP., v. COURT OF APPEALS, ET AL.

  • G.R. No. 138576-77 July 13, 2001 - PEOPLE OF THE PHIL. v. JIMMY JACOB

  • A.M. No. MTJ-00-1322 July 17, 2001 - RENATO H. SANCHEZ v. GEMINIANO A. EDUARDO

  • A.M. No. P-01-1484 July 17, 2001 - JOSE R. ASTORGA v. NICOLASITO S. SOLAS

  • G.R. Nos. 103550 & 103551 July 17, 2001 - PEOPLE OF THE PHIL v. ROMERICO PORRAS

  • G.R. No. 133814 July 17, 2001 - PEOPLE OF THE PHIL. v. ANDRES ORTIZ

  • G.R. Nos. 134540-41 July 18, 2001 - PEOPLE OF THE PHIL v. DIONISIO BATALLER

  • G.R. Nos. 109559 & 109581 July 19, 2001 - BERNARDO P. ABESAMIS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111535 July 19, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRO CAMPOS

  • G.R. Nos. 113255-56 July 19, 2001 - PEOPLE OF THE PHIL. v. ROMEO S. GONZALES

  • G.R. No. 125698 July 19, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO E. HAPA, ET AL.

  • G.R. Nos. 128153-56 July 19, 2001 - PEOPLE OF THE PHIL. v. VICENTE P. BUISON

  • G.R. No. 131216 July 19, 2001 - LEONARDO A. QUISUMBING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132177 July 19, 2001 - JOSE F. CAOIBES v. OMBUDSMAN, ET AL.

  • G.R. No. 133190 July 19, 2001 - PEOPLE OF THE PHIL. v. SANTOS LOR

  • G.R. No. 135145 July 19, 2001 - PEOPLE OF THE PHIL. v. RAYMOND G. MAXION

  • G.R. No. 137545 July 19, 2001 - TERESITA D. GAITE v. COURT OF APPEALS, ET AL.

  • G.R. No. 139789 July 19, 2001 - POTENCIANO ILUSORIO, ET AL. v. ERLINDA K. ILUSORIO BILDNER, ET AL.

  • G.R. No. 139967 July 19, 2001 - PEOPLE OF THE PHIL. v. MANUEL TALAVERA

  • G.R. Nos. 141011 & 141028 July 19, 2001 - CITYTRUST BANKING CORP. v. ISAGANI C. VILLANUEVA

  • G.R. No. 144179 July 19, 2001 - PEOPLE OF THE PHIL. v. RAMSHAND C. THAMSEY

  • A.M. No. MTJ-01-1350 July 20, 2001 - LORENZO PASCUAL, ET AL. v. CESAR M. DUMLAO

  • G.R. No. 110263 July 20, 2001 - ASIAVEST MERCHANT BANKERS (M) BERHAD v. COURT OF APPEALS, ET AL.

  • G.R. No. 117187 July 20, 2001 - UNION MOTOR CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120176 July 20, 2001 - MA. VALENTINA SANTANA-CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 124442 July 20, 2001 - PEOPLE OF THE PHIL. v. ARMANDO S. COMPACION

  • G.R. No. 132926 July 20, 2001 - ELVIRA AGULLO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 133580 July 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO GENEBLAZO

  • G.R. Nos. 135030-33 July 20, 2001 - PEOPLE OF THE PHIL. v. MERCY LOGAN

  • G.R. No. 135666 July 20, 2001 - PEOPLE OF THE PHIL. v. MELCHOR B. GARCIA

  • G.R. No. 135865 July 20, 2001 - NAGKAKAISANG KAPISANAN KAPITBAHAYAN SA COMMONWEALTH AVE. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138501 July 20, 2001 - PEOPLE OF THE PHIL. v. ERNESTO M. LAXA, ET AL.

  • G.R. No. 139150 July 20, 2001 - PABLO DELA CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142024 July 20, 2001 - GUILLERMO SARABIA v. PEOPLE OF THE PHIL.

  • G.R. No. 145838 July 20, 2001 - NICASIO I. ALCANTARA v. COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS, ET AL.

  • G.R. No. 146079 July 20, 2001 - KANEMITSU YAMAOKA v. PESCARICH MANUFACTURING CORP., ET AL.

  • A.M. No. RTJ-00-1564 July 26, 2001 - MARISSA M. GORDON, ET AL. v. FRISCO T. LILAGAN

  • G.R. Nos. 132325-26 July 26, 2001 - PEOPLE OF THE PHIL. v. ROMEO ESPINA

  • G.R. No. 133225 July 26, 2001 - PEOPLE OF THE PHIL. v. EDWIN CONCEPCION, ET AL.

  • G.R. Nos. 113176 & 113342 July 30, 2001 - HANIL DEVELOPMENT CO. v. COURT OF APPEALS, ET AL.

  • A.M. Nos. P-00-1381 & A.M. No. P-00-1382 July 31, 2001 - EFREN B. MALLARE v. RONALD ALLAN A. FERRY

  • G.R. No. 105647 July 31, 2001 - ERNESTO BIONA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 121298 & 122123 July 31, 2001 - GENARO RUIZ, SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129329 July 31, 2001 - ESTER M. ASUNCION v. NLRC, ET AL.

  • G.R. No. 130707 July 31, 2001 - VERONICA ROBLE, ET AL. v. DOMINADOR ARBASA, ET AL.

  • G.R. No. 134634 July 31, 2001 - PEOPLE OF THE PHIL. v. LAZARO CLARIÑO, ET AL.

  • G.R. Nos. 134831-32 July 31, 2001 - PEOPLE OF THE PHIL. v. RAMON N. LOGMAO

  • G.R. Nos. 136827 & 136799 July 31, 2001 - SECRETARY OF AGRARIAN REFORM, ET AL. v. TROPICAL HOMES

  • G.R. No. 136847 July 31, 2001 - PEOPLE OF THE PHIL v. RODULFO P. VILLARIN, ET AL.

  • G.R. No. 138289 July 31, 2001 - GRACIANO PALELE v. COURT OF APPEALS, ET AL.

  • G.R. No. 139180 July 31, 2001 - PEOPLE OF THE PHIL. v. ROLANDO RIVERA

  • G.R. No. 139529 July 31, 2001 - PEOPLE OF THE PHIL. v. TIMOTEO BRACERO

  • G.R. No. 139622 July 31, 2001 - PEOPLE OF THE PHIL. v. PEDRO PERRERAS, ET AL.

  • G.R. No. 142616 July 31, 2001 - PHIL. NATIONAL BANK v. RITRATTO GROUP INC., ET AL.

  • G.R. No. 143687 July 31, 2001 - RAMON ESTANISLAO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144702 July 31, 2001 - U.I.C. ET AL. v. U.I.C. TEACHING AND NON-TEACHING PERSONNEL AND EMPLOYEES UNION, ET AL.

  • G.R. No. 145389 July 31, 2001 - ANIANO A. DESIERTO, ET AL. v. RONNIE C. SILVESTRE

  •  





     
     

    G.R. No. 142024   July 20, 2001 - GUILLERMO SARABIA v. PEOPLE OF THE PHIL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 142024. July 20, 2001.]

    P/CPL. GUILLERMO SARABIA, PNP, Petitioner, v. THE PEOPLE OF THE PHILIPPINES, Respondent.

    D E C I S I O N


    MENDOZA, J.:


    This is a petition for review of the decision, dated October 29, 1999, and resolution, dated March 6, 2000, of the Court of Appeals 1 affirming the decision of the Regional Trial Court of Bohol, Branch 48, which affirmed the decision of the Municipal Trial Court of Tagbilaran, finding petitioner Guillermo Sarabia guilty of grave coercion, and denying petitioner’s motion for reconsideration, respectively.chanrob1es virtua1 1aw 1ibrary

    The facts are as follows:chanrob1es virtual 1aw library

    On June 23, 1991, at around 8 o’clock in the evening, complainant Josephine Picos-Mapalad and her then boyfriend, complainant Anastacio Mapalad (now the former’s husband), were dating at one of the grandstands inside the Garcia Sports Complex in Tagbilaran City. 2 Petitioner Sarabia, then a member of the city police force, on that particular evening was passing by the Garcia Sports Complex on his way to his house. He was carrying with him his service gun and flashlight. He saw the two lovers and focused his flashlight on them. 3

    According to the prosecution, Petitioner, with intimidation, pointed his gun at the two lovers and forced them to perform sexual acts against their will. Petitioner then extorted P100.00 from them. Petitioner made complainant Anastacio Mapalad buy him a cigarette outside the complex, and, while he was gone, petitioner forced complainant Picos-Mapalad to masturbate his penis. 4 Afterwards, petitioner allowed complainants to leave with the threat that he would kill them if they reported the incident to anyone. The following morning, complainants went to Panglao and stayed there for several days to recuperate and to decide what action they would take. With the help of their relatives, they reported the matter to the police. As a result, three informations for grave coercion were filed against petitioner. 5

    Petitioner denied the allegations against him. He claimed that he merely confronted complainants and directed them to go home as the place was dangerous. At this point, complainant Picos-Mapalad allegedly screamed at him and told him that he had no business telling them what to do, as they were in a public place and they could do whatever they wanted. Petitioner repeated his warning that he would take them to the municipal hall if they did not leave. Still, complainants refused to lease and continued calling him names. To avoid any altercation with them, petitioner left and headed home. 6 Petitioner vehemently denied the accusations leveled against him by complainants.

    Three criminal informations against petitioner for grave coercion were filed in the Municipal Trial Court of Tagbilaran City, which resulted in the filing of Criminal Case Nos. 4399, 4400, and 4401 in that court. On November 27, 1996, the Municipal Trial Court, Branch I, Tagbilaran City, rendered a decision convicting petitioner. The dispositive portion of its decision reads:chanrob1es virtual 1aw library

    WHEREFORE, premises considered, the Court finds the accused GUILTY beyond reasonable doubt of one crime of Grave Coercion in the three above-entitled cases and therefore hereby CONVICTS him and sentences him to the penalty of SIX MONTHS of Arresto Mayor and a FINE of P500.00; to pay the offended parties the sum of P5,000.00 as damages and to pay the costs. 7

    On appeal to the Regional Trial Court of Bohol, the three criminal cases were raffled to two salas of the court. Criminal Case Nos. 4399 and 4400 (re-docketed as RTC Criminal Cases No. 9729 and 9731) were assigned to Branch 1, while Criminal Case No. 4401 (re-docketed as RTC Criminal Case No. 9730) was assigned to Branch 47. 8

    In an Omnibus Decision, 9 dated June 17, 1997, Branch 1 of the RTC of Bohol affirmed the decision of the Municipal Trial Court in Criminal Case Nos. 4399 and 4400. Petitioner filed an Omnibus Motion for Reconsideration questioning the said decision. On the other hand, Branch 47 of the RTC of Bohol ordered the transfer of the records of Criminal Case No. 9730 to Branch I of the same court to be consolidated with Criminal Case No. 9729 and 9731. However, on December 29, 1997, the judge of Branch I inhibited himself from hearing the three consolidated cases without resolving petitioner’s Omnibus Motion in Criminal Case Nos. 9729 and 9731 and without rendering a decision on Criminal Case No. 9730. The three cases were finally raffled off to Branch 48 of the RTC.

    In an Omnibus Decision, dated August 3, 1998, Branch 48 of the RTC of Bohol affirmed in toto the decision of the Municipal Trial Court. In its Omnibus Order, dated August 28, 1998, it likewise denied petitioner’s motion for reconsideration.chanrob1es virtua1 1aw 1ibrary

    As stated at the beginning, the Court of Appeals dismissed petitioner’s appeal and affirmed in toto the decision of the lower court. It subsequently denied reconsideration of its decision. Hence this petition.

    First. Petitioner contends that the Court of Appeals’ decision, affirming the decisions of the lower courts, and its resolution, denying his motion for reconsideration, were issued with grave abuse of discretion because the conclusions of law drawn therefrom vis--vis the facts clearly established during the trial on the merits are gravely erroneous. He insists that when he saw complainants in the sports complex, he merely directed them to go home. When they refused, he proceeded home. 10

    Petitioner also claims that complainants’ testimonies are replete with contradictions which put their credibility in serious doubt. According to petitioner, complainant Picos-Mapalad testified in court that the day after the incident in question, she went with Anastacio Mapalad to Panglao and stayed there for three days, but Anastacio Mapalad testified that they stayed in Panglao for one week before coming back to Tagbilaran City. Complainant Picos-Mapalad also testified that Anastacio Mapalad had an erection when they were having sex upon petitioner’s demand and that he ejaculated during their intercourse. Anastacio Mapalad, on the other hand, denied having had an erection or ejaculating during the incident.

    Petitioner claims that both complainants repeatedly contradicted what they stated in their respective affidavits and testimonies. It is alleged that complainant Picos-Mapalad variously testified that she was already married to Anastacio Mapalad on the night of the incident; but later admitted that they were just sweethearts when the incident happened; and that she executed her affidavit three days after June 23, 1991, while records showed that it was executed more than a week after said date. Complainant Anastacio Mapalad likewise testified that he executed his affidavit on June 30, 1991, when in fact he executed it on July 2, 1991. He also stated in his affidavit that Josephine Picos-Mapalad’s relatives reported the incident to the authorities, but testified later on in court that it was he and Josephine who really reported the incident. He also contradicted his affidavit, wherein he stated that he and Josephine Picos-Mapalad had been sweethearts for two years before the incident, when he testified that they had been together for four years, which he subsequently changed to three years.

    It is contended that under the principle of falsus in uno, falsus in omnibus, inasmuch as the complainants lied and contradicted their statements many times, it is safe to conclude that they also lied about their other statements to the prejudice of petitioner.

    Petitioner belabors the fact that complainants did not report what happened to the authorities right away when they had every opportunity to do so. Petitioner insists that it was surprising why complainant Mapalad did not report the matter to the police when he could have done so when he was ordered by petitioner to buy cigarettes. It was equally surprising, according to petitioner, why both complainants stayed in Plaza Rizal after the incident, instead of reporting what happened to the police station, when the station was only a stone’s throw away from the Plaza. Private complainants spent a week in Panglao after the incident. Petitioner asks why they did not report what happened to anyone, but instead waited until after returning to Tagbilaran before approaching the police. It is also puzzling how complainant Picos-Mapalad could have gotten pregnant as a result of the sexual intercourse she had with Anastacio Mapalad on the night of the incident when, according to the latter, he neither had an erection nor ejaculated that night when they were having sexual intercourse:chanrob1es virtual 1aw library

    Given all the above contradictions and variances between private complainants’ testimonies and affidavits, petitioner would have this Court believe that the entire incident, upon which the charges of grave coercion are based, has been entirely fabricated by complainants so that petitioner would pay for having investigated Josephine Picos-Mapalad’s brother in an earlier criminal case.

    We do not agree.

    The basic issue presented in this case centers on the credibility of complainants. It is settled that when a conviction hinges on the credibility of witnesses, the assessment of the trial court is accorded the highest degree of respect. Absent any compelling reason to depart from this established rule, factual conclusions reached by the lower court, which had the opportunity to observe and evaluate the demeanor of the witnesses while on the witness stand, should not be disturbed. 11

    Petitioner was apparently trying his best to pick out each and every trivial inconsistency which he could find in the complainants’ testimonies in an attempt to discredit them. Such a move betrays desperation in argument. An erroneous reckoning or misestimation of time, such as that which complainants committed by giving different time periods as to how long they stayed in Panglao or varying estimation of the length of time that they had been sweethearts prior to the incident in question, is too trivial and immaterial to discredit their testimonies, especially in this case where time is not an essential element or has no bearing on the fact of the commission of the crime. 12 As aptly stated by the Solicitor General:chanrob1es virtua1 1aw 1ibrary

    . . . Josephine Mapalad’s claim on the length of time she and Anastacio Mapalad had spent at Panglao after the incident may be at variance with the time asserted by Anastacio Mapalad; but this is a collateral matter and did not detract from the fact that they did go to Panglao after the incident. Josephine Mapalad’s claim that Anastacio Mapalad had an erection and ejaculated when they were forced by petitioner to copulate may be at variance with Anastacio Mapalad’s claim on the same matter; but this contradiction did not detract from the material fact that they were indeed forced by petitioner to copulate. Inconsistencies on minor or collateral matters in the testimony of prosecution eyewitnesses regarding the same event(s) do not affect their credibility; but rather are strong indicia that their testimon[ies] are unrehearsed and indeed true (Cortez v. Court of Appeals, 245 SCRA 198, 204-205 [1995]). 13

    The same applies to the other inconsistencies in complainants’ testimonies pointed out by petitioner. These inconsistencies can hardly affect complainants’ credibility. They refer to matters of minor detail or to the precise sequence of events that do not detract from the central fact that petitioner compelled complainants to perform sexual acts at gunpoint against their will, on which the latter had consistently and candidly testified. The testimonial discrepancies could have been caused by the natural fickleness of human memory, which tend to strengthen, rather than weaken, credibility as they erase any suspicion of rehearsed testimony. 14 When complainants testified, more than four years had elapsed from the time the incident in question took place. Considering this fact, it would have been doubtful if complainants had been able to pinpoint or describe with precision the exact sequence of events. Josephine and Anastacio Mapalad’s conflicting statements in respect of the details occurring immediately after the crime may have resulted from the length and tedium of their cross-examination at the hands of petitioner’s counsel. In this connection, the Municipal Trial Court aptly observed:chanrob1es virtual 1aw library

    It is true that under rigid cross-examination by defense counsel, private complainants blundered and gave somewhat contradictory and inconsistent statements. But these seeming inconsistencies are hallmarks of sincerity. Sense and experience of men tell us that honest and truthful witnesses do not coincide in the narration of events swiftly occurring before them, especially trifling details. Such minor contradictions do not affect their credibilities and even strengthen the probative value of their testimonies. (Flavio de Leon, Et Al., v. People of the Philippines, Et Al., G.R. No. 66020, June 22, 1992). 15

    Equally without merit is petitioner’s assertion that the discrepancy between the complainants’ affidavits and testimonies in court affects their credibility. While there may exist a variance between some statements of complainants in their affidavits and their testimonies in open court, the alleged inconsistencies are more apparent than real. It is to be expected that complainants would give a more detailed narration in their testimony before the trial court of how petitioner forced them at gunpoint to have sexual intercourse. Such fact, it is evident, does not necessarily signify that their open court testimonies conflict with their affidavits.

    The contradiction between the affidavit and the testimony of a witness may be explained by the fact that an affidavit will not always disclose all the facts and will oftentimes and without design incorrectly describe, without the deponent detecting it, some of the occurrences narrated. As an affidavit is taken ex-parte, it is almost always incomplete and often inaccurate, sometimes from partial suggestions, and sometimes from want of suggestions and inquiries, without the aid of which the witness may be unable to recall the connected collateral circumstances necessary for the correction of the first suggestion of his memory and for his accurate recollection of all that belongs to the subject. It has thus been held that affidavits are generally subordinated in importance to open court declarations because the former are often executed when the affiant’s mental faculties are not in such a state as to afford him a fair opportunity of narrating in full the incident which has transpired. Moreover, affidavits are not complete reproductions of what the declarant has in mind because they are generally prepared by the administering officer and the affiant simply signs them after the same have been read to him. 16

    The defense makes much of the fact that complainant failed to report the incident to anyone until several days after the commission of the crime. We do not believe that an adverse implication can be drawn from such failure. The non-disclosure by witnesses to police officers of petitioner’s identity immediately after the occurrence of the crime is not necessarily against human experience. 17 The natural reticence of most people to get involved in criminal prosecutions against immediate neighbors, as in the case of Josephine Picos-Mapalad and petitioner, is a matter of judicial notice. 18 As the trial court said, complainants cannot be faulted for this considering that their tormentor was no ordinary delinquent but a city policeman. He threatened complainants at gunpoint that he would harm them if they reported the matter to anyone. Complainants are both unschooled. At the time of the commission of the crime, Josephine Picos-Mapalad was a 17-year old laundry woman, while Anastacio Mapalad was a simple grocery bagger. It needs no stretch of the imagination that when petitioner threatened to kill them if they reported the matter to the authorities, they believed entirely and utterly that he could and would make good on his threat.chanrob1es virtua1 1aw 1ibrary

    Second. Finally, petitioner raises the plea of double jeopardy. He contends the incident which gave rise to this case is also the subject of a criminal case for robbery with violence against or intimidation of person wherein he was convicted, and which is now on appeal with the Court of Appeals.

    There is no merit to this contention.

    To raise the defense of double or second jeopardy, the following elements must be present: (1) a first jeopardy must have attached prior to the second; (2) the first jeopardy must have terminated; and (3) the second jeopardy must be for the same offense as that in the first.

    With respect to the third element, under Rule 117, 7 of the Rules of Court, the test is whether one offense is identical with the other or whether it is an attempt or frustration of the other or whether one offense necessarily includes or is necessarily included in the other. On the other hand, Rule 120, 5 provides:chanrob1es virtual 1aw library

    SECTION 5. When an offense includes or is included in another. — An offense charged necessarily includes that which proved, when some of the essential elements or ingredients of the former, as this is alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form a part of those constituting the latter.

    The third requisite, identity of offenses, is absent in this case. The crime for which petitioner now stands charged is not the same as the crime of robbery with violence against or intimidation of person for which he was convicted. Neither is the former an attempt to commit the latter or a frustration thereof. And the former crime does not necessarily include, and is not necessarily included in, the first crime charged.

    WHEREFORE, the instant petition is DENIED and the decision of the Court of Appeals, dated October 29, 1999, is AFFIRMED.

    SO ORDERED.chanrob1es virtua1 1aw 1ibrary

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

    Quisumbing, J., on official business.

    Endnotes:



    1. The decision was penned by Justice Omar U. Amin and concurred in by Justices Hector L. Hofilena and Jose L. Sabio, Jr. of the Thirteenth Division, while the resolution was penned by Justice Jose L. Sabio, Jr. and concurred in by Justices Candido V. Rivera and Mercedes Gozo-Dadole of the Special Former Thirteenth Division of the Court of Appeals.

    2. CA Decision, p. 2; CA Rollo, p. 281.

    3. MTC Decision, p. 2; id., p. 14.

    4. TSN (Josephine Picos), pp. 12-14, Dec. 6, 1995.

    5. MTC Decision, supra note 2.

    6. Counter-Affidavit of Guillermo Sarabia dated Sept. 5, 1991; CA Rollo, pp. 57-58.

    7. MTC Decision, p. 8; id., p. 20.

    8. See Comment of the Solicitor General, pp. 4-5; Rollo, pp. 282-283.

    9. Rollo, p. 37.

    10. Petition, p. 4; Rollo, p. 6.

    11. People v. Empleo, 226 SCRA 454 (1993); People v. Abarico, 238 SCRA 203 (1994).

    12. See People v. Empleo, supra.

    13. Comment of the Office of the Solicitor General, pp. 13-14; Rollo, pp. 291-292.

    14. People v. Cayago, 158 SCRA 586 (1988).

    15. MTC Decision, p. 7; CA Rollo, p. 19.

    16. People v. Empleo, supra.

    17. People v. Jose Encarnacion Malimit, 264 SCRA 167 (1996) citing People v. Pacebes, 137 SCRA 158 (1985).

    18. See id. citing People v. Rubio, 257 SCRA 528 (1996).

    G.R. No. 142024   July 20, 2001 - GUILLERMO SARABIA v. PEOPLE OF THE PHIL.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED