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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)
 

 
Chan Robles Virtual Law Library
 
 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-2001 Jurisprudence                 

  • A.M. No. MTJ-00-1279 March 1, 2001 - ALICIA GONZALES-DECANO v. ORLANDO ANA F. SIAPNO

  • A.M. No. MTJ-00-1282 March 1, 2001 - SOFRONIO DAYOT v. RODOLFO B. GARCIA

  • G.R. No. 112092 March 1, 2001 - PEOPLE OF THE PHIL. v. ROBERT NUÑEZ

  • G.R. No. 123069 March 1, 2001 - PEOPLE OF THE PHIL. v. PEDRO SASPA, ET AL.

  • G.R. No. 126019 March 1, 2001 - PEOPLE OF THE PHIL. v. MARIO CALDONA

  • G.R. No. 131637 March 1, 2001 - PEOPLE OF THE PHIL. v. RODELIO PERALTA

  • G.R. No. 133888 March 1, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NARDO

  • G.R. No. 134330 March 1, 2001 - ENRIQUE M. BELO, ET AL. v. PHIL. NATIONAL BANK, ET AL.

  • G.R. Nos. 135667-70 March 1, 2001 - PEOPLE OF THE PHIL. v. JESSIE VENTURA COLLADO

  • G.R. No. 138666 March 1, 2001 - ISABELO LORENZANA v. PEOPLE OF THE PHIL.

  • G.R. No. 140511 March 1, 2001 - PEOPLE OF THE PHIL. v. BALTAZAR AMION

  • G.R. No. 142313 March 1, 2001 - MANUEL CHU, SR., ET AL. v. BENELDA ESTATE DEV’T. CORP.

  • G.R. No. 142527 March 1, 2001 - ARSENIO ALVAREZ v. COMELEC, ET AL.

  • G.R. No. 144678 March 1, 2001 - JAVIER E. ZACATE v. COMELEC, ET AL.

  • G.R. Nos. 146710-15 & 146738 March 2, 2001 - JOSEPH E. ESTRADA v. ANIANO DESIERTO, ET AL.

  • G.R. No. 113236 March 5, 2001 - FIRESTONE TIRE & RUBBER COMPANY OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113265 March 5, 2001 - PEOPLE OF THE PHIL. v. MANUEL PEREZ

  • G.R. No. 118680 March 5, 2001 - MARIA ELENA RODRIGUEZ PEDROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123788 March 5, 2001 - DOMINADOR DE GUZMAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 124686 March 5, 2001 - PEOPLE OF THE PHIL. v. ROQUE ELLADO

  • G.R. No. 127158 March 5, 2001 - PEOPLE OF THE PHIL. v. JULIO HERIDA, ET AL.

  • G.R. No. 132353 March 5, 2001 - PEOPLE OF THE PHIL. v. ALFREDO IBO

  • G.R. No. 126557 March 6, 2001 - RAMON ALBERT v. CELSO D. GANGAN

  • G.R. No. 138646 March 6, 2001 - PEOPLE OF THE PHIL. v. JOMER CABANSAY

  • G.R. No. 139518 March 6, 2001 - EVANGELINE L. PUZON v. STA. LUCIA REALTY AND DEVELOPMENT

  • G.R. Nos. 140249 & 140363 March 6, 2001 - DANILO S. YAP v. COURT OF APPEALS, ET AL.

  • G.R. No. 140884 March 6, 2001 - GELACIO P. GEMENTIZA v. COMELEC, ET AL.

  • G.R. No. 143823 March 6, 2001 - JENNIFER ABRAHAM v. NLRC, ET AL.

  • G.R. No. 126168 March 7, 2001 - PEOPLE OF THE PHIL. v. ANTONIO SAMUDIO

  • G.R. No. 129594 March 7, 2001 - PEOPLE OF THE PHIL. v. JUNNIFER LAURENTE

  • G.R. No. 135945 March 7, 2001 - UNITED RESIDENTS OF DOMINICAN HILL v. COMM. ON THE SETTLEMENT OF LAND PROBLEMS

  • G.R. No. 136173 March 7, 2001 - PEOPLE OF THE PHIL. v. ERNESTO ICALLA

  • G.R. Nos. 137481-83 & 138455 March 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO SALADINO

  • G.R. Nos. 139962-66 March 7, 2001 - PEOPLE OF THE PHIL. v. EUGENIO MANGOMPIT

  • A.M. No. MTJ-00-1297 March 7, 2001 - JOSEFINA BANGCO v. RODOLFO S. GATDULA

  • A.M. No. MTJ-00-1329 March 8, 2001 - HERMINIA BORJA-MANZANO v. ROQUE R SANCHEZ

  • G.R. No. 122611 March 8, 2001 - NAPOLEON H. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 125901 March 8, 2001 - EDGARDO A. TIJING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130378 March 8, 2001 - PEOPLE OF THE PHIL. v. ARNEL MATARO, ET AL.

  • G.R. No. 134279 March 8, 2001 - PEOPLE OF THE PHIL. v. RICKY ROGER AUSTRIA

  • G.R. Nos. 135234-38 March 8, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRO GUNTANG

  • G.R. No. 137649 March 8, 2001 - PEOPLE OF THE PHIL. v. RODOLFO VILLADARES

  • G.R. No. 138137 March 8, 2001 - PERLA S. ZULUETA v. ASIA BREWERY

  • G.R. No. 138774 March 8, 2001 - REGINA FRANCISCO, ET AL v. AIDA FRANCISCO-ALFONSO

  • G.R. No. 140479 March 8, 2001 - ROSENCOR DEVELOPMENT CORPORATION, ET AL. v. PATERNO INQUING, ET AL.

  • G.R. No. 140713 March 8, 2001 - ROSA YAP PARAS, ET AL. v. ISMAEL O. BALDADO

  • G.R. No. 112115 March 9, 2001 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140619-24 March 9, 2001 - BENEDICTO E. KUIZON, ET AL. v. ANIANO A. DESIERTO

  • G.R. No. 126099 March 12, 2001 - ROBERTO MITO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128372 March 12, 2001 - PEOPLE OF THE PHIL. v. REMEGIO DELA PEÑA

  • G.R. Nos. 130634-35 March 12, 2001 - PEOPLE OF THE PHIL. v. MANOLITO OYANIB

  • G.R. No. 131889 March 12, 2001 - VIRGINIA O. GOCHAN, ET AL. v. RICHARD G. YOUNG, ET AL.

  • G.R. No. 136738 March 12, 2001 - PEOPLE OF THE PHIL. v. EFREN VALEZ

  • G.R. No. 137306 March 12, 2001 - VIRGINIA AVISADO, ET AL. v. AMOR RUMBAUA, ET AL.

  • G.R. Nos. 140011-16 March 12, 2001 - PEOPLE OF THE PHIL. v. EUSTAQUIO MORATA

  • A.M. No. P-01-1464 March 13, 2001 - SALVADOR O. BOOC v. MALAYO B. BANTUAS

  • G.R. No. 103073 March 13, 2001 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131530 March 13, 2001 - Y REALTY CORP. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 136594 March 13, 2001 - PEOPLE OF THE PHIL. v. JOEL CANIEZO

  • G.R. No. 139405 March 13, 2001 - PEOPLE OF THE PHIL. v. ARTURO F. PACIFICADOR

  • A.M. No. RTJ-00-1530 March 14, 2001 - EDGARDO ALDAY, ET AL. v. ESCOLASTICO U. CRUZ

  • G.R. Nos. 116001 & 123943 March 14, 2001 - PEOPLE OF THE PHIL. v. LUISITO GO

  • G.R. No. 130209 March 14, 2001 - PEOPLE OF THE PHIL. v. LARRY LAVAPIE, ET AL.

  • G.R. Nos. 130515 & 147090 March 14, 2001 - PEOPLE OF THE PHIL. v. ANSELMO BARING

  • G.R. Nos. 134451-52 March 14, 2001 - PEOPLE OF THE PHIL. v. REYNALDO FRETA

  • G.R. No. 137036 March 14, 2001 - PEOPLE OF THE PHIL. v. HERNANDO DE MESA, ET AL.

  • G.R. No. 138045 March 14, 2001 - PEOPLE OF THE PHIL. v. MARIETTA PATUNGAN, ET AL.

  • G.R. No. 139300 March 14, 2001 - AMIGO MANUFACTURING v. CLUETT PEABODY CO.

  • G.R. No. 102985 March 15, 2001 - RUBEN BRAGA CURAZA v. NLRC, ET AL.

  • G.R. No. 133480 March 15, 2001 - PEOPLE OF THE PHIL. v. FLORANTE AGUILUZ

  • G.R. Nos. 135201-02 March 15, 2001 - PEOPLE OF THE PHIL. v. FLORENCIO FRANCISCO

  • G.R. No. 141616 March 15, 2001 - CITY OF QUEZON v. LEXBER INCORPORATED

  • G.R. No. 116847 March 16, 2001 - MANUFACTURERS BUILDING v. COURT OF APPEALS, ET AL.

  • G.R. No. 128083 March 16, 2001 - PEOPLE OF THE PHIL. v. RODOLFO M. HILARIO

  • G.R. No. 128922 March 16, 2001 - ELEUTERIA B. ALIABO, ET AL. v. ROGELIO L. CARAMPATAN, ET AL.

  • G.R. No. 129070 March 16, 2001 - PEOPLE OF THE PHIL. v. NELLIE CABAIS

  • G.R. No. 131544 March 16, 2001 - EPG CONSTRUCTION CO., ET AL. v. GREGORIO R. VIGILAR

  • G.R. No. 135047 March 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO CACHOLA, ET AL.

  • G.R. No. 137282 March 16, 2001 - PEOPLE OF THE PHIL. v. ALFREDO ALIPAR

  • G.R. Nos. 137753-56 March 16, 2001 - PEOPLE OF THE PHIL v. NILO ARDON

  • A.M. No. 01-1463 March 20, 2001 - EVELYN ACUÑA v. RODOLFO A. ALCANTARA

  • A.M. No. MTJ-00-1306 March 20, 2001 - ROBERT M. VISBAL v. RODOLFO C. RAMOS

  • A.M. No. P-97-1241 March 20, 2001 - DINNA CASTILLO v. ZENAIDA C. BUENCILLO

  • G.R. Nos. 105965-70 March 20, 2001 - GEORGE UY v. SANDIGANBAYAN, ET AL

  • G.R. No. 108991 March 20, 2001 - WILLIAM ALAIN MIAILHE v. COURT OF APPEALS, ET AL.

  • G.R. No. 130663 March 20, 2001 - PEOPLE OF THE PHIL v. ANGELES STA. TERESA

  • G.R. Nos. 136862-63 March 20, 2001 - PEOPLE OF THE PHIL. v. ROLANDO SANTOS

  • G.R. Nos. 139413-15 March 20, 2001 - PEOPLE OF THE PHIL. v. ENDRICO GALAS

  • G.R. No. 140356 March 20, 2001 - DOLORES FAJARDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140919 March 20, 2001 - PEOPLE OF THE PHIL. v. BUTCH BUCAO LEE

  • G.R. No. 142476 March 20, 2001 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN

  • G.R. No. 144074 March 20, 2001 - MEDINA INVESTIGATION & SECURITY CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127772 March 22, 2001 - ROBERTO P. ALMARIO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133815-17 March 22, 2001 - PEOPLE OF THE PHIL. v. EDGARDO LIAD, ET AL.

  • G.R. No. 134972 March 22, 2001 - ERNESTO CATUNGAL, ET AL. v. DORIS HAO

  • A.M. No. P-01-1469 March 26, 2001 - ROEL O. PARAS v. MYRNA F. LOFRANCO

  • A.M. No. RTJ-01-1624 March 26, 2001 - REQUEST FOR ASSISTANCE RELATIVE TO SPECIAL PROCEEDINGS NO. 28

  • A.M. No. 99-731-RTJ March 26, 2001 - HILARIO DE GUZMAN v. DEODORO J. SISON

  • G.R. Nos. 102407-08 March 26, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO LUCERO

  • G.R. No. 121608 March 26, 2001 - FLEISCHER COMPANY v. NLRC, ET AL.

  • G.R. No. 121902 March 26, 2001 - PEOPLE OF THE PHIL. v. WALTER MELENCION

  • G.R. No. 125865 March 26, 2001 - JEFFREY LIANG v. PEOPLE OF THE PHIL.

  • G.R. No. 129916 March 26, 2001 - MAGELLAN CAPITAL MNGT. CORP., ET AL. v. ROLANDO M. ZOSA, ET AL.

  • G.R. Nos. 131638-39 March 26, 2001 - PEOPLE OF THE PHIL. v. LORETO MEDENILLA

  • G.R. No. 131653 March 26, 2001 - ROBERTO GONZALES v. NLRC, ET AL

  • G.R. No. 133475 March 26, 2001 - PEOPLE OF THE PHIL. v. ERNESTO MONTEJO

  • G.R. No. 134903 March 26, 2001 - UNICRAFT INDUSTRIES INTERNATIONAL CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136790 March 26, 2001 - PEOPLE OF THE PHIL. v. MANUEL GALVEZ

  • G.R. No. 137268 March 26, 2001 - PEOPLE OF THE PHIL. v. EUTIQUIA CARMEN, ET AL.

  • G.R. No. 137590 March 26, 2001 - FLORENCE MALCAMPO-SIN v. PHILIPP T. SIN

  • G.R. No. 137739 March 26, 2001 - ROBERTO B. TAN v. PHIL. BANKING CORP., ET AL.

  • G.R. No. 137889 March 26, 2001 - PEOPLE OF THE PHIL. v. ROMEO DELOS SANTOS

  • G.R. No. 142950 March 26, 2001 - EQUITABLE PCI BANK v. ROSITA KU

  • G.R. Nos. 147066 & 147179 March 26, 2001 - AKBAYAN - Youth, ET AL. v. COMELEC, ET AL.

  • A.M. No. 00-7-09-CA March 27, 2001 - IN RE: DEMETRIO G. DEMETRIA

  • A.M. No. P-01-1473 March 27, 2001 - GLORIA O. BENITEZ v. MEDEL P. ACOSTA

  • G.R. No. 123149 March 27, 2001 - PEOPLE OF THE PHIL. v. CORNELIO CABUG

  • G.R. No. 131588 March 27, 2001 - PEOPLE OF THE PHIL. v. GLENN DE LOS SANTOS

  • G.R. Nos. 137762-65 March 27, 2001 - PEOPLE OF THE PHIL. v. REYNALDO BARES

  • G.R. No. 137989 March 27, 2001 - PEOPLE OF THE PHIL. v. SONNY MATIONG, ET AL.

  • A.M. No. MTJ-01-1357 March 28, 2001 - MONFORT HERMANOS AGRICULTURAL DEVELOPMENT CORP. v. ROLANDO V. RAMIREZ

  • A.M. No. RTJ-00-1574 March 28, 2001 - GORGONIO S. NOVA v. SANCHO DAMES II

  • G.R. No. 100701 March 28, 2001 - PRODUCERS BANK OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 101442 March 28, 2001 - JOSE ANGELES v. COURT OF APPEALS, ET AL

  • G.R. No. 110012 March 28, 2001 - ANASTACIO VICTORIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112314 March 28, 2001 - VICENTE R. MADARANG v. SANDIGANBAYAN, ET AL.

  • G.R. No. 117964 March 28, 2001 - PLACIDO O. URBANES, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122216 March 28, 2001 - ALJEM’S CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 126751 March 28, 2001 - SAFIC ALCAN & CIE v. IMPERIAL VEGETABLE OIL CO.

  • G.R. No. 126959 March 28, 2001 - PEOPLE OF THE PHIL. v. SERVANDO SATURNO, ET AL.

  • G.R. No. 136965 March 28, 2001 - UNIVERSITY OF THE PHIL. v. SEGUNDINA ROSARIO

  • G.R. No. 137660 March 28, 2001 - PEOPLE OF THE PHIL. v. CARLOS L. ALCANTARA

  • G.R. No. 137932 March 28, 2001 - CHIANG YIA MIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 138474 March 28, 2001 - PEOPLE OF THE PHIL. v. FORTUNATO BALANO

  • G.R. Nos. 139571-72 March 28, 2001 - ROGER N. ABARDO v. SANDIGANBAYAN

  • G.R. No. 140153 March 28, 2001 - ANTONIO DOCENA, ET AL. v. RICARDO P. LAPESURA, ET AL.

  • G.R. No. 141307 March 28, 2001 - PURTO J. NAVARRO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142007 March 28, 2001 - MANUEL C. FELIX v. ENERTECH SYSTEMS INDUSTRIES, ET AL.

  • G.R. No. 143173 March 28, 2001 - PEDRO ONG, ET AL. v. SOCORRO PAREL, ET AL.

  • G.R. No. 144169 March 28, 2001 - KHE HONG CHENG v. COURT OF APPEALS, ET AL.

  • G.R. No. 131836 March 30, 2001 - PEOPLE OF THE PHIL. v. MELITA SINCO, ET AL.

  • G.R. No. 137564 March 30, 2001 - PEOPLE OF THE PHIL. v. DOMINADOR DOMENDED

  • G.R. No. 137648 March 30, 2001 - PEOPLE OF THE PHIL. v. IRENEO PADILLA

  • G.R. No. 140311 March 30, 2001 - DENNIS T. GABIONZA v. COURT OF APPEALS, ET AL

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    G.R. No. 126019   March 1, 2001 - PEOPLE OF THE PHIL. v. MARIO CALDONA

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 126019. March 1, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARIO CALDONA y LLAMAS, Accused-Appellant.

    D E C I S I O N


    YNARES-SANTIAGO, J.:


    Mario Caldona is a self-confessed womanizer who admits having several wives. His lechery, however, was not merely confined to these women and breaks new ground in terms of the revolting for he satiated his lust and sexual depravity on not only one but three of his daughters. This case is the sordid tale of one of them.chanrob1es virtua1 1aw 1ibrary

    For ravishing his daughter Maria Lolita Caldona, Accused Mario Caldona y Llamas was charged in Criminal Case No. C-49696 with the crime of Qualified Rape, in an Information 1 which reads:chanrob1es virtual 1aw library

    That on or about the 13th day of August 1995 in Kalookan City, MM., Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs and taking advantage of his superior strength being her father, by means of force, threats and intimidation employed upon the complainant LOLITA CALDONA Y PONTIVEROS, did then and there wilfully, unlawfully and feloniously lie with and have sexual intercourse with said complainant against her will and without her consent.

    Contrary to law.

    Upon arraignment, Accused, duly assisted by counsel, refused to enter a plea. The trial court thus entered a plea of not guilty in his behalf. 2 The case thereafter proceeded to trial.

    After trial, the court a quo rendered judgment finding accused guilty beyond reasonable doubt of the crime charged and imposed on him the supreme penalty of death thus:chanrob1es virtual 1aw library

    WHEREFORE, judgment is rendered CONVICTING Mario Caldona of the crime of Rape, an offense defined and penalized under Art. 335 of the Revised Penal Code, as amended by R.A. 7659, and the Court sentences MARIO CALDONA to suffer the penalty of DEATH. Ordering Mario Caldona to pay the victim (Ma. Lolita) P50,000.00 as moral damages and P25,000.00 as exemplary damages.

    Mario Caldona shall be committed immediately to the National Bilibid Prisons. The Branch Clerk of Court is hereby ordered to transmit the entire record of this case to the Hon. Clerk of Court, Supreme Court for automatic review of the decision of this Court.

    SO ORDERED.

    On automatic review, Accused-appellant alleges that —

    I


    THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED DESPITE THE INCREDIBLE AND INCONSISTENT TESTIMONIES OF THE PROSECUTION WITNESSES.

    II


    GRANTING THAT ACCUSED-APPELLANT IS GUILTY, THE TRIAL COURT GRAVELY ERRED IN IMPOSING THE SUPREME PENALTY OF DEATH DESPITE THE FAILURE OF THE PROSECUTION TO ALLEGE IN THE INFORMATION THE QUALIFYING CIRCUMSTANCE OF THE OFFENDED PARTY’S AGE TO BE UNDER EIGHTEEN (18)YEARS.

    The prosecution’s version of the incident is summarized in the People’s Brief as follows:chanrob1es virtual 1aw library

    On August 13, 1995, private complainant Ma. Lolita Caldona and her sister Ma. Cristina went to 148 B. Serrano Street to ask money from their father, appellant Mario Caldona. 3

    Appellant gave private complainant money and asked her to go to 59 B. Serrano Street, Kalookan City. 4 Private complainant proceeded to the said address. 5 After a while, appellant arrived at 59 B. Serrano Street and started undressing private complainant. 6 Thereupon, appellant sexually molested private complainant and inserted his penis into the latter’s private parts. 7

    After her ravishment, private complainant proceeded to 148 Macabagdal St. where she saw her sisters. 8 Private complainant did not tell anybody about her ordeal in the hands of appellant. 9 She and her sisters went to the Cultural Center of the Philippines. 10

    Subsequently, private complainant, together with her sisters and mother went to the house of a certain "Auntie Thelma." 11 They collected their things and went to Payatas, Fairview where they stayed for a week. 12 Thereafter, they transferred to a rented house in Manggahan, Quezon City. 13

    Sometime in November 1995, private complainant, accompanied by her aunt, Paz Hontiveros went to Dr. Liza de Guzman of the Mental Hospital for consultation. 14 Private complainant told the doctor about the rape incident. 15 Later on, she was confined at the Mental Hospital for three days because she was hallucinating. 16 She could hear the voice of appellant threatening her and was imagining what the latter was doing to her. 17

    On December 14, 1995, private complainant accompanied by her aunt, Paz Hontiveros, proceeded to the National Bureau of Investigation (NBI) to file a complaint against appellant. 18 Private complainant was examined by Dr. Maximo Reyes, NBI. 19 The findings of the examination are as follows:chanrob1es virtual 1aw library

    1. No evident sign of extra-genital physical injuries noted on the body of the subject at the time of examination.chanrob1es virtua1 1aw 1ibrary

    2. Hymen, intact but distensible and its orifice wide (2.5 cms. in diameter) as to allow complete penetration by an average-sized, adult Filipino male organ in full erection without producing any hymenal laceration. 20

    Accused-appellant denied the charge 21 and gave a different version of what transpired. He claimed that the filing of the rape case against him was instigated by his brother-in-law and sister-in-law to keep him away from his women and also as a reprisal for his interference in his in-laws’ quarrel over family inheritance. 22 More specifically, Accused-appellant testified that in the morning of August 13, 1995, at around 7:00 to 7:30 a.m., he was at home in 148 Macabagdal St., Grace Park, Caloocan City with his live-in partner, Honey Bell Meniano, who was then preparing breakfast. 23 He saw his wife, Lolita, the complainant, Ma. Lolita, her siblings Ma. Teresa, Mario, Jr., Ma. Cristina and Mica pass by all dressed up. 24 He called them and asked his wife where they were going. 25 His wife approached and told him that they were going for a walk to the Cultural Center while the children were going swimming. 26 He berated his wife, telling them it was already late in the morning, but still he gave them P 100.00 for their taxi fare. 27 The complainant then approached him, kissed him and asked for his permission. 28 He handed the money over and called a cab and after his family left, he went back to eat his breakfast. 29 Thereafter, he proceeded to 59 Macabagdal Street, Grace Park, Caloocan City to see his son Reynold, who was not with the group that went to the Cultural Center. He found the boy sleeping. 30 He woke up Reynold and asked him to send a telegram to his new-found flame, Virgie Labata. 31 Reynold proceeded to the Grand Central Station and sent the telegram. 32

    Accused-appellant next proceeded to his electro-mechanical shop at 59 Macabagdal Street to inform his worker Lando Yap, that they would be working overtime that day. 33 There, he found his nephew, Bibeth, who served as his errand boy. 34 He started working upon his arrival at the shop. 35 It was already midnight when accused-appellant learned that his wife and children had not yet returned. Alarmed and fearful that they met an accident, Accused-appellant boarded a taxicab and went to the house of his wife’s parents at 10th Avenue, but he was told that they were not there. From there, he went to the house of Mary Ann Castro, another of his women, and was likewise told that his family did not go there. 36 He proceeded to the house of his mother to ask for help in the search for his family. He went to the Cultural Center to look for them and reported the matter to the Police Detachment at Luneta, but to no avail. 37 He never saw them again. 38 He only heard from them a month later when he received a letter from complainant telling him not to waste his time and money looking for them anymore because they were already in good hands, and that they wanted to live on their own and to experience life without him. 39

    Owing to the gravity of the penalty imposed, the Court must once again defer to the following principles in reviewing rape cases: 1] to accuse a man of rape is easy, but to disprove it is difficult though the accused may be innocent; 2.] considering that in the nature of things, only two persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; and 3.] the evidence for the prosecution must stand or fall on its own merit and not be allowed to draw strength from the weakness of the evidence for the defense. 40 Corollary to these legal yardsticks is the dictum that when a victim of rape says she has been defiled, she says in effect all that is necessary to show that rape has been inflicted on her and so long as her testimony meets the test of credibility, the accused may be convicted on the basis thereof. 41

    As in most rape cases, Accused-appellant assails the credibility of the victim. However, we have consistently held that the trial court’s assessment of the credibility of complainant’s testimony is entitled to great weight, absent any showing that some facts were overlooked which, if considered, would affect the outcome of the case. 42

    In the case at bar, the testimony of sixteen-year old Ma. Lolita Caldona on how she was raped by her father clearly shows that she was indeed a victim of sexual assault. Thus:chanrob1es virtual 1aw library

    ATTY. CEBALLOS:chanrob1es virtual 1aw library

    Q Miss Caldona, you mentioned that you brought a complaint for rape against your father, when was the time you were raped?

    A When I was nine years old.

    Q How did this happen?

    A When he arrived home, his eyes were red. He drove away my mother and afterwards he undressed me and I asked him what he was going to do with me. He said, nothing, I will just do something.

    Q After your father undressed you on that particular date, what did he do to you?

    A He forced his private part inside my private part.

    Q Was he able to penetrate his private part into your private part?

    A He forced his penis inside my private part and I told him it was painful.

    Q When he forced his private part into your private part, what did you do?

    A I was fighting back and I refused. I was then noisy and fighting back but he placed a pillow case inside my mouth.

    Q And then after he placed the pillow case inside your mouth, what happened next?

    A He tied a wire on my back and he did what he wanted with me.

    Q After he was able to do what he wanted to do, what happened next?

    A After that I was not talking anymore.

    x       x       x


    Q After this first incident [of] you being raped by your father, was there any incident that happened?

    A After three days, I was then preparing food, he called me and told me to go inside the room.

    Q What happened next?

    A He told me to get a Vicks (sic) to massage his head and afterwards he undressed me and abused me again.

    Q On that particular incident, was your father able to penetrate his private part into your private part?

    A He forced his penis inside my private part.chanrob1es virtua1 1aw 1ibrary

    Q And what were you doing when he was able to penetrate?

    A I was crying and crying.

    Q Where did this happen?

    A Inside our house.

    Q Where is your house?

    A At 178 B. Serrano Street, Grace Park, Kal. City.

    Q Who was inside your house at the time?

    A Our workers who were then busy working on the compressors and my sisters who were there outside playing.

    Q What time did it happen?

    A It happened in the afternoon.

    Q Where was your mother at the time?

    A My mother has not returned yet to the house.

    Q And after this second incident, was this repeated?

    A It happened everyday.

    COURT:chanrob1es virtual 1aw library

    Q You were then nine years old?

    A Yes, Your Honor.

    Q The first time you were abused, when was that?

    A I could not recall the date.

    Q How old are you now?

    A 16 years old.

    Q So about 7 years ago?

    A Yes, Your Honor. 43

    x       x       x


    Q Why did you go to [to] the house of your father when you were residing at 59 Macabagdal and you went to 148 Serrano?

    A We intended to ask money for our transportation to go to Cultural.

    PROSECUTOR:chanrob1es virtual 1aw library

    Q Were you able to talk personally to your father?

    A Yes, sir.

    Q What happened?

    A I asked money from him and he gave money.

    COURT:chanrob1es virtual 1aw library

    Q You said we, we asked money, you must be with somebody?

    A Yes, Your Honor.

    Q Who was your companion?

    A My sister Cristina.

    Q How old is this Cristina at the time?

    A 14.

    x       x       x


    Q After he gave you money, what happened next?

    A He told me to go at (sic) No. 59 B. Serrano but before proceeding at 59, he sexually abused me.

    Q In what particular place did he abuse you?

    A My father went with me. He abused me at No. 59.

    Q You said your father told you to go to No. 59 Serrano and that was the time that he abused you . . .chanrob1es virtua1 1aw 1ibrary

    COURT:chanrob1es virtual 1aw library

    No clarify that.

    x       x       x


    Q So there are three houses or residential places of your father. One is 148 Serrano, 59 Serrano and 59 Macabagdal?

    A Yes, Your Honor.

    Q Why did your father tell you to go to 59 Serrano?

    A He would tell me something.

    COURT:chanrob1es virtual 1aw library

    Go ahead.

    PROSECUTOR:chanrob1es virtual 1aw library

    Q What did you say?

    A I obeyed him.

    Q What time did you arrive there?

    A It was in the morning. I can no longer remember the exact date.

    Q What happened when you arrived there?

    A He undressed me.

    x       x       x


    Q When your father told you to go to 59 Serrano, did it occur to you [that] there was no reason why you should go there?

    A I understood what he meant by that.

    Q What was your understanding while you were being sent at 59?

    A That he would abused (sic) me again.

    COURT:chanrob1es virtual 1aw library

    Go ahead.

    PROSECUTOR:chanrob1es virtual 1aw library

    Q Now when you arrived at 59, you were undressed by your father. How did he undress you?

    A He removed the buttons of my dress. 44

    x       x       x


    ATTY. CEBALLOS:chanrob1es virtual 1aw library

    Q Miss Caldona, in your statement a while ago, you said that when you were at No. 59 Serrano St., your father undressed you. Now, you said that he was unbuttoning his shirt. After unbuttoning his shirt, what happened next?

    A He removed my shorts and kissed me on my lips, neck and breast.

    Q While he was kissing you on your lips, neck and breast, what were you doing?

    A None sir, I was just crying.

    Q Did you say anything to your father?

    A Yes sir, there was.

    Q What did you tell your father?

    A I told my father these words "Sawang-sawa na ako sa iyong panggaganyan."cralaw virtua1aw library

    Q When you said that to your father, what did he say?

    A "Masarap di ba ang ginagawa ko?"

    Q And what did you say when your father said that?

    A I said, "Hindi ako nasasarapan sa ginagawa mo."cralaw virtua1aw library

    Q What did your father say after that, if you can recall?

    A He told me "Masarap di ba, masarap di ba?" and he boxed me and I cried, so I just said "Oo masarap ho" so he will not box me again.

    Q What did your father say after saying those words?

    A He did not box me because I said "masarap."cralaw virtua1aw library

    COURT:chanrob1es virtual 1aw library

    Q When he said "masarap di ba ang ginagawa ko" to what does he refer?

    A He was referring to what he was doing to me.

    COURT:chanrob1es virtual 1aw library

    What was he doing to you?

    A He was always raping me many times, Your Honor.

    COURT:chanrob1es virtual 1aw library

    What do you mean by "raping you often" ?

    A What he was doing to my mother, he was doing also to me.

    COURT:chanrob1es virtual 1aw library

    The Court is not clear on that — when he said "di ba masarap ang ginagawa ko", at the time he uttered those words what was he doing to you?

    A He was inserting his private parts inside my vagina, Your Honor.

    ATTY. CEBALLOS:chanrob1es virtual 1aw library

    Q Was he able to put his penis into your vagina?

    A Yes, sir.

    Q And after that, what did your father do?

    A He was pumping and pumping sir.chanrob1es virtua1 1aw 1ibrary

    Q And what were you doing when he was pumping and pumping?

    A I was then crying and crying.

    Q In what position was your father [when he] pumped you?

    A He was on top of me, sir.

    Q Where [were] you? On the floor or on the bed?

    A We were on the floor, sir.

    Q After he was pumping you, what happened next?

    A After a while there was a white discharge that came out from his private parts.

    Q And what did you do when a white discharge came out of his private parts?

    A So, I stood up.

    Q What did you do after that?

    A I put on my clothing.

    Q What was your father doing while you were putting on your clothes?

    A He was wiping his private parts, sir.

    COURT:chanrob1es virtual 1aw library

    Why must he wipe his private parts? Did he produce oil that makes his penis sticky?

    A Because something came out from his penis, Your Honor.

    COURT:chanrob1es virtual 1aw library

    You said that when you received the money from your father, you were with your sister Cristina, and your father told you to go to No. 59 Serrano Street, and Cristina left the house of Mama Annabel in order to eat, is that correct?

    A Yes, Your Honor.

    COURT:chanrob1es virtual 1aw library

    And you said further that you knew your father will be following you and he will sexually abuse you at No. 59 Serrano, is that not correct?

    A Yes, Your Honor, I knew.

    COURT:chanrob1es virtual 1aw library

    That he will abuse you there?

    x       x       x


    A I knew my father would follow me to No. 59 Serrano Street because if I will not obey him, he will beat me up again and threaten me with a samurai.

    ATTY. CEBALLOS:chanrob1es virtual 1aw library

    What do you mean by he will threaten you with a samurai?

    A It is a big long knife which is used to Mang Ramon, sir.

    Q Have you ever seen that samurai before?

    A It’s been in his custody for a long time and he usually sharpens it.

    ATTY. CEBALLOS:chanrob1es virtual 1aw library

    After you saw your father wiping his penis, what did you do?

    A I put on my dress, sir.

    Q And after putting on your dress, where did you go?

    A When I was dressed up already, I left the house ahead of my father and then he followed and locked the door, sir.chanrob1es virtua1 1aw 1ibrary

    COURT:chanrob1es virtual 1aw library

    You said that since you were 9 years old, you were sexually abused by your father up to August 1993 (sic), is that correct?

    A Yes, Your Honor.

    COURT:chanrob1es virtual 1aw library

    And that sexual abuse is that your father inserted his penis into your vagina, is that correct?

    A Yes, your Honor.

    COURT:chanrob1es virtual 1aw library

    Did you have other experiences other than your father?

    A None, your Honor.

    COURT:chanrob1es virtual 1aw library

    You said your father did to you what he was doing to your mother?

    You mean to say you were watching your father and mother do these things?

    A Because there were occasions when my father would use my mother but my mother refused and my father would get angry.

    COURT:chanrob1es virtual 1aw library

    You mean, they had sexual intercourse in your presence?

    A It happened many times, Your Honor.

    COURT:chanrob1es virtual 1aw library

    Was it done purposely for you to see them?

    A Yes, your Honor.

    x       x       x


    ATTY. CEBALLOS:chanrob1es virtual 1aw library

    Q Did you tell your mother about what happened at No. 59 Serrano?

    A I did not tell her sir.

    Q Why did you not tell?

    A Because I do not want her to go crazy, sir.

    Q After August 13, did you again see your father?

    A No more sir.

    x       x       x


    COURT:chanrob1es virtual 1aw library

    You said that your father and mother had sexual intercourse in your presence. Did your father tell you to watch while they were having sexual intercourse?

    A No, Your Honor, he told that to my mother.

    Q What did your father tell your mother?

    A Tingnan mo Lita, manood ka, di ba gusto mo? Masyado ka kasing tsismosa.

    Q While he was doing that what did your father do?

    A He was trying to touch my breast and to remove my dress.

    Q What was the reply of your mother?

    A My mother did not say anything. She just cried, Your Honor.

    PROSECUTOR MANANQUIL:chanrob1es virtual 1aw library

    I would like to make on record that while [the] witness is answering the question she was crying.

    COURT:chanrob1es virtual 1aw library

    Why must your father have to tell your mother about that? Why must he utter those words?

    A Because my father does not want my mother to interfere with what he was doing to the three of us, Your Honor.

    Q You said that your father and mother, in several occasions had sexual intercourse in your presence, that is correct is it not?

    A Yes, Your Honor.

    Q Was it whose idea (sic) that you must be present during the time they had sexual intercourse?

    A My father’s idea, Your Honor.chanrob1es virtua1 1aw 1ibrary

    Q How did he manifest that you should be there?

    A Because one time, when my father came home and tried to have sexual intercourse with my mother but my mother said I should go into our room but my father prevented my mother telling me and said "pabayaan mo siya." 45

    Despite persistent efforts by defense counsel to elicit an admission that she had many suitors, 46 that she had four (4) boyfriends, 47 and that she had sex with them, 48 private complainant insisted that she was never touched by anybody except her father, who forced her to have sexual intercourse with him. 49

    Accused-appellant merely raised denial as his defense. However, such a defense is unavailing given the facts prevailing herein. The Court has consistently held that denial is an inherently weak defense and, unless supported by clear and convincing evidence, the same can not prevail over the positive declarations of the victim who, in a simple and straightforward manner, convincingly identified the accused-appellant as the defiler of her chastity.

    In short, the positive assertions of accused-appellant’s daughter that he raped her is entitled to greater weight. 50 While denial and alibi are legitimate defenses in rape cases, bare assertions to this effect can not overcome the categorical testimony of the victim. 51 It certainly would take a most senseless kind of depravity for a young daughter to concoct a story which would put her own father to death. 52 Furthermore, no young girl of decent repute would allow the examination of her private parts or subject herself to the shame, embarrassment and humiliation of a public trial, if she has not in fact been raped. 53

    A word must, however, be made with regard to the other incidents of rape adverted to by private complainant in the course of her testimony. Each and every charge of rape is a distinct and separate crime so that each charge should be proven beyond reasonable doubt. 54 Thus, for all her testimonial declarations to this effect, her bare statements that she was raped many times by the accused-appellant is clearly inadequate and grossly insufficient to establish guilt of the accused-appellant insofar as these other acts of rape are concerned. In People v. Garcia, 55 the Court pointed out that:chanrob1es virtual 1aw library

    . . . the indefinite testimonial evidence that complainant was raped every week is decidedly inadequate and grossly insufficient to establish the guilt of appellant therefor with the required quantum of evidence. So much of such indefinite imputations of rape, which are uncorroborated by any other evidence, fall within this category.

    At any rate, the Court finds no reason to reverse the ruling of the trial court insofar as the rape committed on August 13, 1995, as alleged in the Information, is concerned. The act of rape is rendered all the more heinous and reprehensible in this case considering that the victim is merely a fifteen-year old girl whose abuser was her own father.

    Nevertheless, while the guilt of the accused-appellant was proved beyond reasonable doubt, the Court finds the imposition of the death penalty against him unwarranted. The circumstances under the amendatory provisions of R.A. No. 7659, Section 11, are in the nature of qualifying circumstances which can not be proved as such unless alleged in the information. Even if such circumstances are proved, the death penalty can not be imposed where the same were not properly alleged in the Information. 56

    In the case at bar, the trial court based the imposition of the death penalty on accused-appellant on Article 335 of the Revised Penal Code, as amended by R.A. No. 7659, which states, in pertinent part:chanrob1es virtual 1aw library

    The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:chanrob1es virtual 1aw library

    1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim. . . .

    More particularly, the trial court imposed the penalty of death after taking into consideration the age of Ma. Lolita who was then fifteen (15) years and eight (8) months old 57 and the fact that accused-appellant is her father. However, while the qualifying circumstance of relationship has been alleged in the Information, it is devoid of any averment on private complainant’s minority. Since one of the twin requirements mentioned, namely, minority, was not alleged in the Information, Accused-appellant can neither be convicted for qualified rape nor could the death penalty be meted upon him because to do so would be to deprive him of the right to be informed of the nature and cause of the accusation against him.

    Viewed vis-a-vis the foregoing legal standards, Accused-appellant can be convicted of simple rape only, which is punishable with reclusion perpetua. It must be borne in mind that the requirement for complete allegations on the particulars of the indictment is based on the right of the accused to be fully informed of the nature of the charges against him so that he may adequately prepare for his defense pursuant to the due process clause of the Constitution. 58

    The penalty prescribed for the offense of simple rape, reclusion perpetua, is an indivisible penalty. Under Article 63 of the Revised Penal Code, in all cases in which the law prescribes a single indivisible penalty, said penalty shall be applied regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed. 59

    Finally, the Court notes that while the trial court awarded moral and exemplary damages, it did not award any civil indemnity which is mandatory upon the finding of rape. 60 Civil indemnity is distinct from and should not be denominated as moral damages which are based on different jural foundations and assessed by the court in the exercise of sound discretion. 61 Current case law fixes indemnity ex delicto at P50,000.00. 62 While the Court agrees that exemplary damages are proper, the amount should be increased to P50,000.00 in order to deter other fathers with perverse tendencies or aberrant sexual behavior like accused-appellant from sexually abusing their daughters. 63chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the judgment of the Regional Trial Court, finding accused-appellant guilty beyond reasonable doubt of rape, is AFFIRMED with the MODIFICATIONS that accused-appellant is hereby sentenced to suffer the penalty of Reclusion Perpetua and ordered to pay the offended party P50,000.00 as indemnity ex delicto, P50,000.00 as moral damages; and P50,000.00 as exemplary damages.

    SO ORDERED.

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

    Endnotes:



    1. Rollo, p. 3.

    2. Record, p. 125.

    3. TSN, 15 May 1996, p. 2.

    4. Ibid.

    5. Id.

    6. Id., p. 3.

    7. Id.

    8. Id., p. 7.

    9. Id.

    10. Id.

    11. Id., p. 21.

    12. Id.

    13. Id.

    14. Id., p. 26.

    15. Id.

    16. Id.

    17. Id.

    18. Id., p. 25.

    19. Id.

    20. Exhibit F.

    21. TSN, 31 July 1996, pp. 3, 15, 18.

    22. TSN, 31 July 1996, pp. 18-19.

    23. Ibid., p. 13

    24. Id.

    25. Id.

    26. Id.

    27. Id.

    28. Id.

    29. Id., pp. 14-15.

    30. Id., p. 15.

    31. Id.

    32. Id.

    33. Id., pp. 15-16.

    34. Id., p. 16.

    35. Id.

    36. Id.

    37. Id., pp. 16-17.

    38. Id., p. 17.

    39. Id.

    40. People v. Felipe Hofilena y Taala, G.R. No. 134772, 22 June 2000, citing People v. Sta. Ana, 291 SCRA 188 [1998]; People v. Ramirez, 266 SCRA 335 [1997]; People v. Teves, 246 SCRA 236 [1995]; People v. Guamos, 241 SCRA 528 [1995]; People v. Casinillo, 213 SCRA 777 [1992].

    41. People v. Penaso, G.R. No. 121980, 23 February 2000; People v. Garces, Jr., G.R. No. 132368, 20 January 2000; People v. Borja, 267 SCRA 370 [1997]; People v. Ramirez, 266 SCRA 335 [1997].

    42. People v. Rolando Baybado, G.R. No. 132136. 14 July 2000, citing People v. Sabredo, G.R. No. 126114, 11 May 2000.

    43. TSN, 14 May 1996, pp. 14-15.

    44. Id., pp. 19-20.

    45. TSN, 15 May 1996, pp. 3-11, 14-15, 19-21, 28-29.

    46. Ibid., p. 26.

    47. Id.

    48. TSN, 3 June 1996, pp. 19-20.

    49. TSN, 28 May 1996, p. 27; 3 June 1996, pp. 19-20.

    50. People v. Romeo Arillas y Montoya, G.R. No. 130593, 19 June 2000.

    51. People v. Elraine Martinez, G.R. No. 130606, 15 February 2000, citing People v. Masalihit, 300 SCRA 147 [1998] and People v. Taneo, 284 SCRA 251 [1998].

    52. People v. Rivera, 318 SCRA 317 [1999].

    53. People v. Tabion, 317 SCRA 126 [1999], citing People v. Bersabe, 289 SCRA 685 [1998] and People v. Erese, 281 SCRA 316 [1997].

    54. People v. De Leon, 319 SCRA 743 [1999].

    55. 281 SCRA 463 [1997].

    56. People v. Cesar Melendres y Bejo, G.R. No. 133999-4001, 31 August 2000, citing People v. Ilao, 296 SCRA 658 [1998] and People v. Bartolome, G.R. No. 133987, 28 January 2000.

    57. Exhibit E.

    58. People v. Camilo Villanueva, G.R. No. 135330, 31 August 2000.

    59. People v. Salvador Villar, G.R. No. 127572, 19 January 2000; People v. Ramos, 296 SCRA 559 [1998].

    60. Id.

    61. People v. Francisco Villanos y Tumamang, G.R. No. 126648, 1 August 2000, citing People v. Emocling, 297 SCRA 214 [1998]; People v. Ignacio, 294 SCRA 542 [1998]; and People v. Adora, 275 SCRA 441 [1997].

    62. People v. Segundo Cano, G.R. No. 130631, 30 August 2000; People v. Mamac, G.R. No. 130332, 31 May 2000; People v. Rafales, G.R. No. 133477, 21 January 2000; People v. Caballero, 258 SCRA 541 [1996]; People v. Abordo, 258 SCRA 571 [1996].

    63. People v. Ramos, 312 SCRA 137 [1999], citing People v. Lao, 249 SCRA 137 [1995] and People v. Matrimonio, 215 SCRA 613 [1992].

    G.R. No. 126019   March 1, 2001 - PEOPLE OF THE PHIL. v. MARIO CALDONA




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