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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
 

   
June-2001 Jurisprudence                 

  • A.M. No. P-00-1446 June 6, 2001 - PATERNO R. PLANTILLA v. RODRIGO G. BALIWAG

  • A.M. No. P-91-642 June 6, 2001 - SOLEDAD LAURO v. EFREN LAURO

  • G.R. No. 92328 June 6, 2001 - DAP MINING ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100579 June 6, 2001 - LEANDRO P. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113918 June 6, 2001 - MARCELINA G. TRINIDAD, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121272 June 6, 2001 - PEOPLE OF THE PHIL. v. REYDERICK LAGO

  • G.R. No. 122353 June 6, 2001 - EVANGELINE DANAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129534 & 141169 June 6, 2001 - PEOPLE OF THE PHIL. v. NESTOR MACANDOG, ET AL.

  • G.R. No. 138949 June 6, 2001 - UNION BANK OF THE PHIL. v. SEC

  • G.R. No. 138971 June 6, 2001 - PEZA v. RUMOLDO R FERNANDEZ

  • G.R. No. 139034 June 6, 2001 - DEVELOPMENT BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139323 June 6, 2001 - PEOPLE OF THE PHIL. v. CARLO ELLASOS, ET AL.

  • G.R. No. 140128 June 6, 2001 - ARNOLD P. MOLLANEDA v. LEONIDA C. UMACOB

  • G.R. No. 140277 June 6, 2001 - PEOPLE OF THE PHIL v. GUILLERMO BALDAGO, ET AL.

  • G.R. No. 141529 June 6, 2001 - FRANCISCO YAP, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142888 June 6, 2001 - EVELIO P. BARATA v. BENJAMIN ABALOS JR.

  • G.R. No. 143561 June 6, 2001 - JONATHAN D. CARIAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 110335 June 18, 2001 - IGNACIO GONZALES, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-01-1615 June 19, 2001 - WINNIE BAJET v. PEDRO M. AREOLA

  • A.M. No. RTJ-01-1633 June 19, 2001 - ANTONIO and ELSA FORTUNA v. MA. NIMFA PENACO-SITACA, ET AL.

  • G.R. No. 99433 June 19, 2001 - PROJECT BUILDERS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114944 June 19, 2001 - MANUEL C. ROXAS, ET AL. v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 120701 June 19, 2001 - PEOPLE OF THE PHIL. v. JONATHAN CRISANTO

  • G.R. No. 123916 June 19, 2001 - PEOPLE OF THE PHIL. v. LYNTON ASUNCION

  • G.R. No. 130605 June 19, 2001 - PEOPLE OF THE PHIL. v. FELIX UGANAP, ET AL.

  • G.R. No. 132160 June 19, 2001 - PEOPLE OF THE PHIL. v. MARIO DE LEON, ET AL.

  • G.R. No. 132223 June 19, 2001 - BONIFACIA P. VANCIL v. HELEN G. BELMES

  • G.R. No. 134895 June 19, 2001 - STA. LUCIA REALTY and DEV’T., ET AL. v. LETICIA CABRIGAS, ET AL.

  • G.R. No. 137164 June 19, 2001 - PEOPLE OF THE PHIL. v. ALBERT NUBLA

  • G.R. No. 137752 June 19, 2001 - PEOPLE OF THE PHIL. v. ROBERT AYUNGON

  • G.R. Nos. 138298 & 138982 June 19, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 139313 June 19, 2001 - PEOPLE OF THE PHIL. v. FLORANTE LEAL

  • G.R. No. 140690 June 19, 2001 - PEOPLE OF THE PHIL. v. NAZAR U. CHAVEZ

  • G.R. No. 141441 June 19, 2001 - JOSE SUAN v. NLRC, ET AL.

  • A.M. No. 00-10-230-MTCC June 20, 2001 - RE: JULIAN C. OCAMPO III AND RENATO C. SAN JUAN

  • A.M. No. 00-11-521-RTC June 20, 2001 - RE: AWOL OF MS. LILIAN B. BANTOG

  • A.M. No. P-99-1346 June 20, 2001 - RESTITUTO L. CASTRO v. CARLOS BAGUE

  • A.M. No. RTJ-00-1606 June 20, 2001 - PATRIA MAQUIRAN v. LILIA G. LOPEZ

  • G.R. No. 84831 June 20, 2001 - PACENCIO ABEJARON v. FELIX NABASA, ET AL.

  • G.R. No. 109666 June 20, 2001 - ROGERIO R. OLAGUER, ET AL. v. EUFEMIO DOMINGO, ET AL.

  • G.R. No. 113564 June 20, 2001 - INOCENCIA YU DINO v. COURT OF APPEALS, ET AL.

  • G.R. No. 115851 June 20, 2001 - LA JOLLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127129 June 20, 2001 - PEOPLE OF THE PHIL. v. ROLANDO CABAYA, ET AL.

  • G.R. No. 128617 June 20, 2001 - PEOPLE OF THE PHIL. v. CESAR BACUS

  • G.R. Nos. 129292-93 June 20, 2001 - PEOPLE OF THE PHIL. v. ARLENGEN DEGALA

  • G.R. No. 130524 June 20, 2001 - PEOPLE OF THE PHIL. v. RUDY MADIA

  • G.R. No. 131036 June 20, 2001 - PEOPLE OF THE PHIL. v. DONATO DEL ROSARIO

  • G.R. Nos. 135976-80 June 20, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO GALENO

  • G.R. No. 138629 June 20, 2001 - PEOPLE OF THE PHIL. v. RAMON CAMACHO

  • G.R. No. 139430 June 20, 2001 - EDI STAFF BUILDERS INTERNATIONAL v. FERMINA D. MAGSINO

  • G.R. Nos. 139445-46 June 20, 2001 - PEOPLE OF THE PHIL. v. RODRIGO GONZALES

  • G.R. No. 142304 June 20, 2001 - CITY OF MANILA v. OSCAR SERRANO, ET AL.

  • A.M. No. MTJ-01-1342 June 21, 2001 - BISHOP CRISOSTOMO A. YALUNG, ET AL. v. ENRIQUE M. PASCUA

  • G.R. No. 108558 June 21, 2001 - ANDREA TABUSO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109197 June 21, 2001 - JAYME C. UY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 111580 & 114802 June 21, 2001 - SHANGRI-LA INTERNATIONAL HOTEL MNGT. LTD. ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116200-02 June 21, 2001 - PEOPLE OF THE PHIL. v. ELEUTERIO TAN, ET AL.

  • G.R. No. 131131 June 21, 2001 - PEOPLE OF THE PHIL. v. ABELARDO SALONGA

  • G.R. No. 134138 June 21, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO BRIONES AYTALIN

  • G.R. Nos. 135552-53 June 21, 2001 - PEOPLE OF THE PHIL. v. ABEL ABACIA, ET AL.

  • G.R. No. 139542 June 21, 2001 - PEOPLE OF THE PHIL. v. INOCENCIO GONZALEZ

  • G.R. No. 140206 June 21, 2001 - PEOPLE OF THE PHIL. v. RODOLFO MATYAONG

  • G.R. No. 142023 June 21, 2001 - SANNY B. GINETE v. SUNRISE MANNING AGENCY, ET AL.

  • G.R. No. 103068 June 22, 2001 - MEAT PACKING CORP. OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • A.M. No. MTJ-96-1110 June 25, 2001 - MANUEL N. MAMBA, ET AL. v. DOMINADOR L. GARCIA

  • G.R. No. 116710 June 25, 2001 - DANILO D. MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 117857 June 25, 2001 - LUIS S. WONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128126 June 25, 2001 - PEOPLE OF THE PHIL. v. RAFAEL M. CATAPANG

  • G.R. No. 132051 June 25, 2001 - TALA REALTY SERVICES CORP. v. BANCO FILIPINO SAVINGS AND MORTGAGE BANK

  • G.R. No. 134068 June 25, 2001 - UNION BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136221 June 25, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136382 June 25, 2001 - PEOPLE OF THE PHIL. v. FIDEL ALBORIDA

  • G.R. Nos. 138439-41 June 25, 2001 - PEOPLE OF THE PHIL. v. MARIO PANGANIBAN

  • G.R. No. 141141 June 25, 2001 - PAGCOR v. CARLOS P. RILLORAZA

  • G.R. No. 141801 June 25, 2001 - SOLOMON ALVAREZ v. COURT OF APPEALS

  • G.R. No. 143428 June 25, 2001 - SANDOVAL SHIPYARDS, ET AL. v. PRISCO PEPITO, ET AL.

  • A.M. No. 99-11-423-RTC June 26, 2001 - RE: Report on the Judicial Audit Conducted in the Regional Trial Court

  • A.M. No. RTJ-99-1461 June 26, 2001 - RICARDO DELA CRUZ v. HERMINIA M. PASCUA

  • A.M. No. RTJ-99-1486 June 26, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ISMAEL SANCHEZ

  • G.R. Nos. 110547-50 & 114526-667 June 26, 2001 - JOSE SAYSON v. SANDIGANBAYAN ET AL.

  • G.R. No. 120859 June 26, 2001 - METROPOLITAN BANK AND TRUST COMPANY v. FRANCISCO Y. WONG

  • G.R. No. 123542 June 26, 2001 - PEOPLE OF THE PHIL. v. ROGELIO BULOS

  • G.R. Nos. 132848-49 June 26, 2001 - PHILROCK v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 133990 June 26, 2001 - PEOPLE OF THE PHIL. v. HECTOR MARIANO

  • G.R. No. 134764 June 26, 2001 - PEOPLE OF THE PHIL v. BENJAMIN FABIA

  • G.R. Nos. 139626-27 June 26, 2001 - PEOPLE OF THE PHIL. v. DOMINGO DELA CRUZ

  • G.R. No. 143204 June 26, 2001 - HYATT TAXI SERVICES INC. v. RUSTOM M. CATINOY

  • G.R. Nos. 147589 & 147613 June 26, 2001 - ANG BAGONG BAYANI-OFW LABOR PARTY, ET AL. v. COMELEC, ET AL.

  • G.R. No. 130661 June 27, 2001 - PEOPLE OF THE PHIL. v. DANILO I. TORRES, ET AL.

  • G.R. No. 135882 June 27, 2001 - LOURDES T. MARQUEZ v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 140001 June 27, 2001 - PEOPLE OF THE PHIL. v. EDUARDO BUENAFLOR

  • A.C. No. 3910 June 28, 2001 - JOSE S. DUCAT v. ARSENIO C. VILLALON, ET AL.

  • A.C. No. 4073 June 28, 2001 - ARACELI SIPIN-NABOR v. BENJAMIN BATERINA

  • A.M. No. P-01-1480 June 28, 2001.

    AMADO S. CAGUIOA v. CRISANTO FLORA

  • A.M. No. P-99-1343 June 28, 2001 - ORLANDO T. MENDOZA v. ROSBERT M. TUQUERO, ET AL.

  • A.M. No. RTJ-00-1576 June 28, 2001 - SIMPLICIO ALIB v. EMMA C. LABAYEN

  • G.R. No. 105364 June 28, 2001 - PHIL. VETERANS BANK EMPLOYEES UNION-N.U.B.E., ET AL. v. BENJAMIN VEGA, ET AL.

  • G.R. No. 110813 June 28, 2001 - PEOPLE OF THE PHIL. v. ERNESTO PARDUA, ET AL.

  • G.R. No. 110914 June 28, 2001 - ALFREDO CANUTO; JR., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 112453-56 June 28, 2001 - PEOPLE OF THE PHIL. v. GERARDO LATUPAN

  • G.R. Nos. 112563 & 110647 June 28, 2001 - HEIRS OF KISHINCHAND HIRANAND DIALDAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 120630 June 28, 2001 - PEOPLE OF THE PHIL. v. MARCELO PALERMO

  • G.R. No. 131954 June 28, 2001 - ASELA B. MONTECILLO, ET AL v. CIVIL SERVICE COMMISSION

  • G.R. Nos. 132026-27 June 28, 2001 - PEOPLE OF THE PHIL. v. MARIO ABENDAN, ET AL.

  • G.R. No. 132362 June 28, 2001 - PIO BARRETTO REALTY DEV’T. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132837 June 28, 2001 - JO CINEMA CORP., ET AL. v. LOLITA C. ABELLANA, ET AL.

  • G.R. No. 133605 June 28, 2001 - PEOPLE OF THE PHIL. v. BENJAMIN BARRIAS

  • G.R. No. 135846 June 28, 2001 - PEOPLE OF THE PHIL v. NOEL ORTEGA

  • G.R. No. 138270 June 28, 2001 - SEA POWER SHIPPING ENTERPRISES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142314 June 28, 2001 - MC ENGINEERING, ET AL. v. NLRC, ET AL.

  • G.R. No. 143723 June 28, 2001 - LITONJUA GROUP OF CO.’s., ET AL. v. TERESITA VIGAN

  • G.R. No. 144113 June 28, 2001 - EDWEL MAANDAL v. PEOPLE OF THE PHIL

  • G.R. No. 144942 June 28, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA SUERTE CIGAR.

  • G.R. No. 146062 June 28, 2001 - SANTIAGO ESLABAN v. CLARITA VDA. DE ONORIO

  • A.M. No. 00 4-166-RTC June 29, 2001 - Re: Report on the Judicial Audit

  • A.M. No. 01-4-03-SC June 29, 2001 - HERNANDO PEREZ, ET AL. v. JOSEPH E. ESTRADA, ET AL.

  • A.M. No. P-00-1380 June 29, 2001 - GLORIA O. DINO v. FRANCISCO DUMUKMAT

  • G.R. No. 110480 June 29, 2001 - BANGKO SILANGAN DEVELOPMENT BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111860 June 29, 2001 - PEOPLE OF THE PHIL. v. JESUS CLEDORO

  • G.R. No. 116092 June 29, 2001 - SUSANA VDA. DE COCHINGYAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118251 June 29, 2001 - METROPOLITAN BANK AND TRUST COMPANY v. REGINO T. VERIDIANO II, ET AL.

  • G.R. No. 121597 June 29, 2001 - PHIL. NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 125944 June 29, 2001 - DANILO SOLANGON, ET AL. v. JOSE AVELINO SALAZAR

  • G.R. No. 126396 June 29, 2001 - PEOPLE OF THE PHIL v. FELIXBERTO LAO-AS

  • G.R. No. 128705 June 29, 2001 - CONRADO AGUILAR v. COMMERCIAL SAVINGS BANK, ET AL.

  • G.R. No. 129782 June 29, 2001 - PEOPLE OF THE PHIL. v. BALWINDER SINGH, ET AL.

  • G.R. No. 131968 June 29, 2001 - ERNESTO PENGSON, ET AL v. MIGUEL OCAMPO, ET AL.

  • G.R. No. 132059 June 29, 2001 - PEOPLE OF THE PHIL. v. WENEFREDO DIMSON ASOY

  • G.R. No. 138598 June 29, 2001 - ASSET PRIVATIZATION TRUST v. SANDIGANBAYAN, ET AL.

  • G.R. No. 144542 June 29, 2001 - FRANCISCO DELA PEÑA, ET AL v. SANDIGANBAYAN, ET AL.

  •  





     
     

    G.R. Nos. 135976-80   June 20, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO GALENO

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. Nos. 135976-80. June 20, 2001.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CLAUDIO GALENO y MAGBANUA alias "ODING," Accused-Appellant.

    D E C I S I O N


    VITUG, J.:


    A human being who indulges in an incest relationship descends, it is said, to the level of the beast and manifests a depravity of the worst kind. 1

    At bar is a mandated automatic review on the findings of the Regional Trial Court ("RTC"), Branch 55, of Himamaylan, Negros Occidental, which has found herein appellant CLAUDIO GALENO guilty, on five (5) counts, of rape committed against his own daughter, Jenny Galeno, decreeing thereby the extreme penalty of death on him.chanrob1es virtua1 1aw 1ibrary

    Appellant CLAUDIO GALENO, a.k.a. "Oding," was charged with the crime of RAPE in each of the following informations —

    "That, sometime in the month of August, 1995, in the Municipality of Himamaylan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the father of the herein offended party, with lewd design, by means of force, violence and intimidation, and with the use of a deadly weapon, did, then and there willfully, unlawfully and feloniously have carnal knowledge of and/or sexual intercourse with JENNY GALENO y ABKILAN, 17 years old, against her will.’

    "and

    "That, sometime in the first week of September, 1995, in the Municipality of Himamaylan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the father of the herein offended party, with lewd design, by means of force, violence and intimidation, and with the use of a deadly weapon, did, then and there willfully, unlawfully and feloniously have carnal knowledge of and/or sexual intercourse with JENNY GALENO y ABKILAN, 17 years old, against her will.’

    "and

    "That, sometime in the second week of September, 1995, in the Municipality of Himamaylan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the father of the herein offended party, with lewd design, by means of force, violence and intimation, and with the use of deadly weapon, did, then and there willfully, unlawfully and feloniously have carnal knowledge of and/or sexual intercourse with JENNY GALENO y ABKILAN, 17 years old, against her will.’

    "and

    "That, sometime in the third week of September 1995 in the Municipality of Himamaylan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the father of the herein offended party, with lewd design, by means of force, violence and intimidation, and with the use of a deadly weapon, did, then and there willfully, unlawfully and feloniously have carnal knowledge of and/or sexual intercourse with JENNY GALENO y ABKILAN, 17 years old, against her will.’

    "and

    ‘ "That, sometime in the fourth week of September, 1995, in the Municipality of Himamaylan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the father of the herein offended party, with lewd design, by means of force, violence and intimidation, and with the use of a deadly weapon, did, then and there, willfully, unlawfully and feloniously have carnal knowledge of and/or sexual intercourse with JENNY GALENO y ABKILAN, 17 years old, against her will." 2

    Claudio Galeno pleaded NOT GUILTY to the charges. Joint hearings were conducted, following his arraignment, on the five cases.

    The evidence for the prosecution, in substance, was testified to by private complainant. JENNY A. GALENO, at the witness stand, claimed to be 17 years old, single, a student and a resident of Sitio Limbo, Barangay Nabali-an, Himamaylan, Negros Occidental. She was raped on five occasions, she said, by her own father.

    The first incident occurred in August 1995 when she was barely sixteen years old. It was noontime. Not having school classes that day, she was told by her mother to stay home to look after their animals and pets. Her mother and elder brother were then working in the sugarcane field while her other brothers and sisters were not in the house attending to some other matters. She was resting inside the room located on the first floor of the house when her father foisted himself upon her, pointed a long sharp bolo at her neck and told her to completely undress. Overcome by fear, she did just as she was told. She resisted, although in vain, her father’s advances. After taking off his clothes, he forced her legs open and placed himself on top of her. She felt pain when he finally succeeded in penetrating her. It took her father about half an hour, doing the "push and pull" motion, until she felt his discharge inside her bleeding vagina. Withdrawing from her, appellant threatened to kill "them all" if she were to tell on him.

    Once, during the first week of September 1995, about midnight, she was roused from bed by her father who already had a knife pointed at her. Her mother was sleeping at the upper part of the house with her other brothers and sisters. Jerked from sleep, she tried to shout but her father timely covered her mouth with his hand. She struggled to free herself but he was too strong for her. He removed her panty, placed himself on top of her and, like before, succeeded in taking her.

    A week later, the second week of September 1995, also about midnight, she awoke when her father held both her hands and forthwith covered her mouth. He spread her legs open and raped her for the third time. By then, she was determined to report the matter to her mother but as she was about to do so, her father looked at her with piercing eyes while holding a bolo in his hand. She was immediately silenced.

    Around the third week of the same month, at noontime, appellant, armed with the same weapon, forced himself on Jenny. When she refused to submit to his sexual demands, appellant held her hands, covered her mouth and forced himself on her for the fourth time.

    The fifth and last incident happened during the fourth week of September 1995. It was no different from what she experienced before — except that this time, the sexual assault by her father took place at the second floor of their house.

    Alarmed by the fact that her monthly period had failed to arrive, Jenny took "penbid" drugs to induce her menstruation. On 04 March 1996, by now worried, she consulted Dr. Jocson at the Doctor’s Hospital in Bacolod City. She was discovered to be pregnant. On 31 May 1996, she delivered a baby boy. The "hilot," ELISA TEJIDO, testified that on 31 May 1996, about two o’clock in the morning, she was fetched by OFELIA GALENO (mother of Jenny) to assist Jenny who evidently was experiencing labor pains. When she asked who sired the child, Jenny answered that it was her father.

    The defense, controverting the evidence given by the prosecution, submitted differently. Appellant Galeno testified that in August 1995, when the alleged rape took place for the first time, he was busily engaged in weeding the sugarcane field with his wife. The couple did not go home for lunch because they brought along the food with them. It was only in the afternoon that they returned home. During the first week of September 1995, when the second rape supposedly occurred, he left the house as early as four-thirty in the morning. His wife joined him a few hours later. He went home at about four-thirty in the afternoon. Around the second week of September 1995, when the third rape was said to have occurred, he was likewise in the sugarcane field, leaving the house at five o’clock in the morning and going back home at four-thirty in the afternoon. When the supposed fourth and fifth incidents of rape took place during the third and fourth week of September 1995, he was not home, having left with his wife, with food provisions, at five o’clock in the morning for the sugarcane field where they stayed until about four-thirty in the afternoon. On the whole, he asserted, there was never an instance when he was home at about noontime.

    Later in his testimony, however, he changed tune and admitted having had sexual congress with his daughter. He testified:jgc:chanrobles.com.ph

    "QUESTION:chanrob1es virtual 1aw library

    In the course of your testimony you admitted having a sexual intercourse with Gina?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir.

    "QUESTION:chanrob1es virtual 1aw library

    How may times?

    "ANSWER:chanrob1es virtual 1aw library

    I cannot remember how many times.

    "QUESTION:chanrob1es virtual 1aw library

    But the fact is there were many times?

    "ANSWER:chanrob1es virtual 1aw library

    I just cannot be sure.

    "QUESTION:chanrob1es virtual 1aw library

    Could have it been twice?

    "ANSWER:chanrob1es virtual 1aw library

    Maybe more than two (2) times.

    "QUESTION:chanrob1es virtual 1aw library

    Four (4) times.

    "ANSWER:chanrob1es virtual 1aw library

    Maybe around that number.

    "QUESTION:chanrob1es virtual 1aw library

    But definitely it was not six (6) times?

    "ANSWER:chanrob1es virtual 1aw library

    No, sir.

    x       x       x


    "QUESTION:chanrob1es virtual 1aw library

    The first time you fuck your daughter Jenny was she still studying?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir.

    "QUESTION:chanrob1es virtual 1aw library

    Where did you fuck your daughter the first time, in what place?

    "ANSWER:chanrob1es virtual 1aw library

    In our house.

    "QUESTION:chanrob1es virtual 1aw library

    What time did you did it happen?

    "ANSWER:chanrob1es virtual 1aw library

    Night time.

    "QUESTION:chanrob1es virtual 1aw library

    The second time?chanrob1es virtua1 1aw 1ibrary

    "ANSWER:chanrob1es virtual 1aw library

    During the day time.

    "QUESTION:chanrob1es virtual 1aw library

    Were you not confused that it might be at the first time in the noon and second, evening?

    "ANSWER:chanrob1es virtual 1aw library

    I am sure the first time was during night time and the second time day time.

    "QUESTION:chanrob1es virtual 1aw library

    During 3rd time?

    "ANSWER:chanrob1es virtual 1aw library

    Also day time.

    "QUESTION:chanrob1es virtual 1aw library

    The 4th time?

    "ANSWER:chanrob1es virtual 1aw library

    Also day time." 3

    After hearing both parties at the trial, the court a quo passed judgment thusly:chanrob1es virtual 1aw library

    WHEREFORE, based on the foregoing premises and considerations, the court finds the accused, Claudio Galeno y Magbanua alias ‘Oding’, guilty beyond reasonable doubt of five (5) counts of rape and he is hereby sentenced to suffer five (5) death penalties.

    "The accused is hereby ordered to indemnify the victim the sum of P250,000.00 with accessory penalties." 4

    In his appeal to this Court, the convicted accused assigned a lone but encompassing error —

    "THE TRIAL COURT ERRED IN FINDING ACCUSED-APPELLANT CLAUDIO GALENO Y MAGBANUA GUILTY BEYOND REASONABLE DOUBT OF FIVE (5) COUNTS OF RAPE AND IN SENTENCING HIM TO SUFFER FIVE (5) DEATH PENALTIES" 5

    bewailing his conviction and the imposition of the penalty of death by the trial court.

    Appellant would have it that the coitus between him and his daughter were all consensual. She never had once resisted, he argued, in any of the incidents of rape complained of. No weapon was used, nor was force or intimidation employed, in their sexual intercourse. The complainant had all the opportunity to report the matter to her mother, brothers or sisters, or to the police, but she instead kept mum and only mentioned it for the first time when she was discovered to be pregnant. The element of force or intimidation, expressed in Article 335 of the Revised Penal Code, could not be substituted, appellant would claim, by the mere moral ascendancy or influence he might have had on his daughter. In any event, he averred, he could only be held guilty of simple rape, the prosecution having failed to conclusively establish that Jenny was under 18 years of age at the time the acts complained of were committed.

    Thus, like in most cases of this nature, it is the word of the complainant pitted against that of the accused. This issue, being one of credibility or that which bears on the veracity of conflicting testimony, this Court would be rightly bound by the evaluation made by the trial judge before whom the declarants have been seen, heard and observed during the oral testimony.

    The Court finds no cogent reason to discard the assessment made by the court a quo giving full credence to the testimony of the complainant and rejecting that of appellant who, in fact, has given a dissonant defense, at first claiming denial and alibi and then ultimately asseverating consensuality in the incest relationship. There is no valid justification, upon the other hand, for disbelieving Jenny Galeno whose testimony, the trial court has aptly described, appears to be "spontaneous, unflinching and straightforward." Thus:jgc:chanrobles.com.ph

    "QUESTION:chanrob1es virtual 1aw library

    Awhile ago, Miss Witness, you testified that you were raped by your father for the first time sometime in August, 1995, could you please narrate to this Honorable Court what particular day in August, 1995 you were raped by your father?

    "ANSWER:chanrob1es virtual 1aw library

    There was no class at that day.

    "QUESTION:chanrob1es virtual 1aw library

    What day of the week?

    "ANSWER:chanrob1es virtual 1aw library

    I cannot recall what day but I can only remember that there was no class.

    "QUESTION:chanrob1es virtual 1aw library

    What time of the day did your father rape you?

    "ANSWER:chanrob1es virtual 1aw library

    It was noontime.

    "QUESTION:chanrob1es virtual 1aw library

    Where were you raped by your father sometime in August 1995?

    "ANSWER:chanrob1es virtual 1aw library

    Inside our house.

    "QUESTION:chanrob1es virtual 1aw library

    Where is your house located?

    "ANSWER:chanrob1es virtual 1aw library

    So. Limbo, Brgy. Nabali-an, Himamaylan, Negros Occidental.

    x       x       x


    "QUESTION:chanrob1es virtual 1aw library

    Now, could you please narrate to this court how your father raped you in August, 1995?

    "ANSWER:chanrob1es virtual 1aw library

    He pointed a long sharp bolo at my neck and told me to undress myself.

    "QUESTION:chanrob1es virtual 1aw library

    What were you doing before your father raped you?

    "ANSWER:chanrob1es virtual 1aw library

    I was sitting downstairs, lying and listening to the radio because I was alone.

    "QUESTION:chanrob1es virtual 1aw library

    Now, you said that your mother was out at that time including your brothers and sisters, why is it that you were alone in your house?

    "ANSWER:chanrob1es virtual 1aw library

    Because I was told by my mother not to go out to watch our animals and pets around.

    "QUESTION:chanrob1es virtual 1aw library

    You said that your father pointed a bolo at your neck before he raped you, why, where did your father bring you and what part of your house were you raped by your father?

    "ANSWER:chanrob1es virtual 1aw library

    Inside the room of our house

    "QUESTION:chanrob1es virtual 1aw library

    And could you describe in details how your father raped you?

    "ANSWER:chanrob1es virtual 1aw library

    He pointed a bolo at my neck and told me to undress myself. I don’t want to do it but I was afraid the bolo might cut my neck, so, I obeyed what he said.

    "QUESTION:chanrob1es virtual 1aw library

    You said that he told you to undress, did you undress?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir.

    "QUESTION:chanrob1es virtual 1aw library

    After you undress, what happened next?

    "ANSWER:chanrob1es virtual 1aw library

    He laid me down.

    "QUESTION:chanrob1es virtual 1aw library

    Did you lie down voluntarily?

    "ANSWER:chanrob1es virtual 1aw library

    No, sir, he forced me to lie down.

    "QUESTION:chanrob1es virtual 1aw library

    Did you struggle not to lie down?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir.

    "QUESTION:chanrob1es virtual 1aw library

    Were you able to free yourself?

    "ANSWER:chanrob1es virtual 1aw library

    I struggled to free myself but he was stronger than I am, being a man, so, I was not able to do it.chanrob1es virtua1 1aw 1ibrary

    "QUESTION:chanrob1es virtual 1aw library

    After you lay down what happened next?

    "ANSWER:chanrob1es virtual 1aw library

    He also undressed himself.

    "QUESTION:chanrob1es virtual 1aw library

    You said he took off something, what did he take off?

    "ANSWER:chanrob1es virtual 1aw library

    His short pants.

    "QUESTION:chanrob1es virtual 1aw library

    How about his clothes?

    "ANSWER:chanrob1es virtual 1aw library

    Only his brief but his shirt was left.

    "QUESTION:chanrob1es virtual 1aw library

    After he took off his brief, what happened next?

    "ANSWER:chanrob1es virtual 1aw library

    He let me spread out my legs.

    "QUESTION:chanrob1es virtual 1aw library

    Then after that, what happened?

    "ANSWER:chanrob1es virtual 1aw library

    He placed himself on top of me.

    "QUESTION:chanrob1es virtual 1aw library

    While he was on top of you, did you struggle?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir.

    "QUESTION:chanrob1es virtual 1aw library

    Were you able to free yourself when he was already on top of you?

    "ANSWER:chanrob1es virtual 1aw library

    No, sir.

    "QUESTION:chanrob1es virtual 1aw library

    After that, what happened next when he was already on top of you?

    "ANSWER:chanrob1es virtual 1aw library

    He made a motion of push and pull.

    "QUESTION:chanrob1es virtual 1aw library

    That was already when he was on top of you?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir.

    "QUESTION:chanrob1es virtual 1aw library

    When he was making this motion of push and pull, what did you do?

    "ANSWER:chanrob1es virtual 1aw library

    I felt that there was something getting inside my vagina.

    "QUESTION:chanrob1es virtual 1aw library

    Do you know what was that something getting inside your vagina?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir, his penis.

    "QUESTION:chanrob1es virtual 1aw library

    And how long did he do that?

    "ANSWER:chanrob1es virtual 1aw library

    About half an hour.

    "QUESTION:chanrob1es virtual 1aw library

    And after half an hour, what did he do?

    "ANSWER:chanrob1es virtual 1aw library

    He pull out his penis and I felt something hot inside my vagina.

    "QUESTION:chanrob1es virtual 1aw library

    You said, awhile ago, that he was holding a bolo while he was on top of you, making a push and pull, where was the bolo?

    "ANSWER:chanrob1es virtual 1aw library

    The bolo was still pointing at my neck.

    "QUESTION:chanrob1es virtual 1aw library

    And according to you, when you were already lying down, he took off his shorts, where was the bolo when he was taking of his shorts?

    "ANSWER:chanrob1es virtual 1aw library

    He was still holding the bolo.

    "QUESTION:chanrob1es virtual 1aw library

    And could you show or describe to this Honorable Court how was he able to spread your legs?

    "ANSWER:chanrob1es virtual 1aw library

    His other hand was holding my legs and his other hand was holding the bolo.

    "QUESTION:chanrob1es virtual 1aw library

    For about thirty minutes, he withdrew his penis from your private part, after he withdrew his penis from your private part, did you feel anything?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir.

    "QUESTION:chanrob1es virtual 1aw library

    What?

    "ANSWER:chanrob1es virtual 1aw library

    Pain.

    "QUESTION:chanrob1es virtual 1aw library

    In what part of your body did you feel the pain?

    "ANSWER:chanrob1es virtual 1aw library

    In my vagina.

    "QUESTION:chanrob1es virtual 1aw library

    Did you examine what was it, why it is that it was painful?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir.

    "QUESTION:chanrob1es virtual 1aw library

    Did you discover anything?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir, it was bleeding.

    x       x       x


    "QUESTION:chanrob1es virtual 1aw library

    How did your father raped you for the second time during the first week of September, 1995?

    "ANSWER:chanrob1es virtual 1aw library

    He pointed a knife at my leftside.

    "QUESTION:chanrob1es virtual 1aw library

    What were you exactly doing when your father raped you for the second time?

    "ANSWER:chanrob1es virtual 1aw library

    I was sleeping.

    "QUESTION:chanrob1es virtual 1aw library

    Where?

    "ANSWER:chanrob1es virtual 1aw library

    Downstairs.

    x       x       x


    "QUESTION:chanrob1es virtual 1aw library

    According to you, your father pointed a knife at the left side of your body, after that, what did he do?

    "ANSWER:chanrob1es virtual 1aw library

    He removed my panty and he placed himself on top of me.

    "QUESTION:chanrob1es virtual 1aw library

    Awhile ago, you said that you were sleeping and then your father pointed a knife, were you surprised?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir, I was surprised.

    "QUESTION:chanrob1es virtual 1aw library

    Did you shout because you were surprised?

    "ANSWER:chanrob1es virtual 1aw library

    He covered my mouth with his hand.

    "QUESTION:chanrob1es virtual 1aw library

    Did you struggle?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir.

    "QUESTION:chanrob1es virtual 1aw library

    Were you able to free yourself from him?

    "ANSWER:chanrob1es virtual 1aw library

    No, sir.

    "QUESTION:chanrob1es virtual 1aw library

    Why?

    "ANSWER:chanrob1es virtual 1aw library

    Because he was strong.

    "QUESTION:chanrob1es virtual 1aw library

    Can you describe how long was that knife?

    "ANSWER:chanrob1es virtual 1aw library

    About 10 inches.

    "QUESTION:chanrob1es virtual 1aw library

    After your father pointed a knife at the side of your body, what did he do?

    "ANSWER:chanrob1es virtual 1aw library

    He removed my panty.chanrob1es virtua1 1aw 1ibrary

    "QUESTION:chanrob1es virtual 1aw library

    What else did he do?

    "ANSWER:chanrob1es virtual 1aw library

    He placed his body on top of me.

    "QUESTION:chanrob1es virtual 1aw library

    What did he do while he was on top of you?

    "ANSWER:chanrob1es virtual 1aw library

    He made a motion of push and pull.

    x       x       x


    "QUESTION:chanrob1es virtual 1aw library

    Could you describe again to this Honorable Court how your father raped you for the third time in the second week of September, 1995?

    "ANSWER:chanrob1es virtual 1aw library

    He was holding my hands so that I cannot move and at the same time covering my mouth.

    "QUESTION:chanrob1es virtual 1aw library

    In what particular part of your house did your father rape you for the third time on the second week of September, 1995?

    "ANSWER:chanrob1es virtual 1aw library

    The same — downstairs.

    "QUESTION:chanrob1es virtual 1aw library

    How did your father raped you?

    "ANSWER:chanrob1es virtual 1aw library

    He was holding my hands and covering my mouth and then he spread out my legs.

    "QUESTION:chanrob1es virtual 1aw library

    Since this happened at nighttime, where was your mother at that time?

    "ANSWER:chanrob1es virtual 1aw library

    My mother was sleeping upstairs.

    "QUESTION:chanrob1es virtual 1aw library

    How about your brothers and sisters?

    "ANSWER:chanrob1es virtual 1aw library

    They were also sleeping.

    "QUESTION:chanrob1es virtual 1aw library

    How about you, where were you sleeping at that time?

    "ANSWER:chanrob1es virtual 1aw library

    I was sleeping downstairs.

    "QUESTION:chanrob1es virtual 1aw library

    Who was your companion, if any, sleeping downstairs?

    "ANSWER:chanrob1es virtual 1aw library

    My brother who was also sleeping on the other bed.

    "QUESTION:chanrob1es virtual 1aw library

    How about your father?

    Did you report this incident after your father repeatedly raped you for the third time?

    "ANSWER:chanrob1es virtual 1aw library

    No, sir.

    "QUESTION:chanrob1es virtual 1aw library

    Why?

    "ANSWER:chanrob1es virtual 1aw library

    Because whenever I came near to my mother, he looked at me with a piercing eyes and at the same time he will hold a bolo.

    "QUESTION:chanrob1es virtual 1aw library

    How about the fourth time that your father raped you, where did this happen?

    "ANSWER:chanrob1es virtual 1aw library

    The same — in our house.

    "QUESTION:chanrob1es virtual 1aw library

    And how did your father raped you, will you please describe before this Honorable Court?

    "ANSWER:chanrob1es virtual 1aw library

    He forced me even if I refused.

    "QUESTION:chanrob1es virtual 1aw library

    Did he have any weapon when he raped you for the fourth time?

    "ANSWER:chanrob1es virtual 1aw library

    Yes, sir.

    "QUESTION:chanrob1es virtual 1aw library

    What?

    "ANSWER:chanrob1es virtual 1aw library

    The same — knife.

    "QUESTION:chanrob1es virtual 1aw library

    And could you remember the day of the week when he raped you for the fourth time?

    "ANSWER:chanrob1es virtual 1aw library

    I think it was Saturday because I have no class at that time.

    "QUESTION:chanrob1es virtual 1aw library

    What time of the day did your father rape you for the fourth time?

    "ANSWER:chanrob1es virtual 1aw library

    Noon time.

    "QUESTION:chanrob1es virtual 1aw library

    Do you have any companion when your father raped you for the fourth time on the third week of September 1995?

    "ANSWER:chanrob1es virtual 1aw library

    I was alone.

    "x       x       x

    "QUESTION:chanrob1es virtual 1aw library

    How about for the fifth and the last time, how did your father rape you?

    "ANSWER:chanrob1es virtual 1aw library

    If I will not submit to what he wants, he will kill us all.

    "QUESTION:chanrob1es virtual 1aw library

    Where did he rape you?

    "ANSWER:chanrob1es virtual 1aw library

    In our house also.

    "QUESTION:chanrob1es virtual 1aw library

    In what particular part of your house?

    "ANSWER:chanrob1es virtual 1aw library

    Inside our room.

    "QUESTION:chanrob1es virtual 1aw library

    Ground floor or second floor?

    "ANSWER:chanrob1es virtual 1aw library

    Upstairs." 6

    It is said that it would hardly be conceivable for a young lass, such as Jenny in this case, to weave a story against her own father and put the family honor at stake, for no compelling and just cause. No woman, for that matter, would wish to go through the humiliating trial for such an outrageous offense and senseless depravity unless she truly has been the victim of abuse. 7 The records do not disclose even an attempt to impute ill motives against Jenny other than an alleged intent to conceal an incestuous sexual union.

    The defense of "mutuality" is a much-abused defense that often derides the intelligence of a court and only serves to test its patience. The failure of Jenny to shout or to successfully resist her father do not mean her having necessarily consented to the dastardly acts. If resistance would be futile, then offering none certainly is no consent by the victim to the sexual act. 8 It is, in fact, a doctrine that in a rape committed by a father against his own daughter, the former’s moral ascendancy and influence over the latter could be more than sufficient to cow the child-victim to submission. It is this rationale that the Court would at times state that such ascendancy and influence could be equated to the requisite "violence or intimidation that normally is otherwise characterized by physical acts or uttered threats."cralaw virtua1aw library

    Jenny may have failed to promptly report the matter to her relatives and to the police but that should not imply that her charges have been fabricated. It is not unknown for rape victims to suffer, initially at least, in silence. The Court takes judicial notice of a young woman’s inbred modesty and shyness and her antipathy in publicly airing acts which blemish her honor and virtue. 9 Rape stigmatizes the victim not the perpetrator. 10

    Appellant, nevertheless, cannot be meted the capital penalty of death. Under Section 11(1) of Republic Act No. 7659, 11 in relation to Article 335 of the Revised Penal Code, the death penalty may be imposed when the rape victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. The concurrence of the minority of the victim and her filiation with the accused is essential to qualify the crime and warrant the imposition of the death penalty. 12 The twin circumstances are required to be duly alleged and proved. 13

    While the father-daughter relationship of herein appellant and the complainant was alleged and established, the latter’s minority, however, although similarly alleged, was not satisfactorily established. Except for the bare testimony of complainant of being still a minor when the offenses charged were committed, no other evidence was adduced to support the statement. It was not explained why a duly certified certificate of live birth, that could have accurately shown the age of complainant, or a document recognized to be competent evidence 14 for like purpose, had not been duty presented. Nothing but proof beyond reasonable doubt of every fact necessary to constitute the crime must be substantiated for the extreme penalty of death to be upheld. Verily, the minority of the victim should not only be alleged but likewise be proved with such equal certainty and clearness as the crime itself. 15

    Relative to the award of damages in favor of complainant, the Court reiterates the rule that a rape victim is entitled to the grant of P50,000.00 civil indemnity 16 as being the equivalent and in the concept of compensatory damages, 17 a separate award of P50,000.00 moral damages based on a jural foundation that refers to the victim’s shame, mental anguish, besmirched reputation, moral shock and social humiliation which rape necessarily brings to the offended party, 18 and a further amount of P25,000.00 exemplary damages on account of the relationship between the accused and the victim that exacerbates the offense.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the assailed decision of the court a quo convicting the accused of five counts of rape is AFFIRMED with MODIFICATION in that appellant should be, as hereby he is, sentenced to suffer five terms of reclusion perpetua and to pay complainant Jenny Galeno P50,000.00 civil indemnity, P50,000.00 moral damages, and P30,000.00 exemplary damages, for each of the five counts of rape or, altogether, a grand sum of P650,000.00. Costs de oficio.

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Melo, Puno, Kapunan, Mendoza, Panganiban, Quisumbing, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago, De Leon, Jr. and Sandoval-Gutierrez, JJ., concur.

    Endnotes:



    1. People v. Joaquin, Jr., 225 SCRA 179.

    2. Rollo, pp. 9-13.

    3. TSN, 13 May 1997, pp. 18-20.

    4. Rollo, p. 30.

    5. Rollo, p. 43.

    6. TSN, 05 September 1996, pp. 11-29.

    7. People v. Lopez 302 SCRA 669.

    8. People v. Agbayani, 284 SCRA 315.

    9. People v. Taño, G.R. No. 133872, 05 May 2000.

    10. People v. Luzonota, 286 SCRA 487.

    11. An act to impose the death penalty on certain heinous crimes, amending for that purpose the Revised Penal Code, as amended, other special laws, and for other purposes.

    12. People v. Licanda, G.R. No. 134084, 04 May 2000.

    13. People v. Licanda, G.R. No. 134084, 04 May 2000.

    14. People v. Tahanggay, G.R. No. 130504, 29 June 2000.

    15. People v. Javier, 311 SCRA 122.

    16. People v. Betonio, 279 SCRA 532.

    17. People v. Fuertes, 296 SCRA 602.

    18. People v. de Guzman, 265 SCRA 228.

    G.R. Nos. 135976-80   June 20, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO GALENO


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