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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. 133480   March 15, 2001 - PEOPLE OF THE PHIL. v. FLORANTE AGUILUZ

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 133480. March 15, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FLORANTE AGUILUZ y NUQUE, Accused-Appellant.

    D E C I S I O N


    PARDO, J.:


    Accused Florante Aguiluz y Nuque appeals from the decision of the Regional Trial Court, Bulacan, Branch 20, Malolos, Bulacan finding him guilty beyond reasonable doubt of rape, the decretal portion of which reads as follows:chanrob1es virtua1 1aw 1ibrary

    "WHEREFORE, the Court finds the accused FLORANTE AGUILUZ y NUQUE guilty beyond reasonable doubt of the crime of rape under Article 335, paragraph 3 of the Revised Penal Code.

    "Conformable with the provisions of Section 11 of Republic Act No. 7659, the Court imposes upon the accused the penalty of reclusion perpetua.

    "The Court also hereby orders the accused to indemnify the offended party Elizabeth B. Cruz the amount of P50,000.00 as moral damages.

    "SO ORDERED." 1

    On November 29, 1995, Assistant Provincial Prosecutor Emily A. Bajar of Bulacan filed with the Regional Trial Court, Bulacan, at Malolos, an information charging FLORANTE AGUILUZ y Nuque with rape committed as follows, to wit:jgc:chanrobles.com.ph

    "That on about the 15th day of October, 1995, in the municipality of Calumpit, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused with lewd designs did then and there willfully, unlawfully and feloniously by means of force and intimidation have carnal knowledge of Elizabeth Cruz, below twelve (12) years old, against her will and consent.

    Contrary to law." 2

    Upon arraignment on January 10, 1996, Accused pleaded not guilty. 3 Trial ensued.chanrob1es virtua1 1aw 1ibrary

    In 1995, Elizabeth Cruz was below 12 years of age. 4 She was a grade VI pupil at Caniogan Elementary School and lived with her grandparents Romeo and Felicidad Cruz at Sto. Niño, Calumpit, Bulacan, since the year 1984, when her parents lived separately.

    Accused Florante Aguiluz was 46 years old and married to the sister of Elizabeth’s grandfather. He was a caretaker of Francisco Alonzo G Building and served as lay minister and lector at San Antonio de Padua Church, located at Iba, Hagonoy, Bulacan.

    On October 15, 1995, at around 3:00 in the afternoon, Elizabeth was in the house of accused Florante Aguiluz watching television with the children of the accused, namely, Maharlika, Sara and Cherry Flor. After watching television, she went home which was only about an arm’s length from the house of the accused. Upon reaching her house, she saw accused in the living room and there were no other people inside the house at that time. Accused closed the doors and windows, dragged her towards a room although she tried to push him. When they were already inside the room, Accused removed Elizabeth’s t-shirt and pants, including her underwear. She was forced to lie down on the floor and accused started kissing her. The accused succeeded in inserting his penis into her vagina even as she tried to push him. She felt pain and after he was through ("nakaraos"), Accused went out of the room. Elizabeth went to the sala and laid down for about an hour because of the pain she felt. Later on, she went to her friends to ask them to accompany her in the house. Her friends stayed there for about half an hour until her grandfather arrived. She did not tell him what happened because she was afraid of the threat made by the accused that she would be killed if she reported the incident to anybody. 5

    The next day, on October 16, 1995, she told her friends Margie and Michelle about the incident because she knew they could help her report what happened to her to their teacher. On October 17, 1995, she told her English teacher, Mrs. Juliet T. Ortega of Caniogan Elementary School, about the incident who, in turn, reported the incident to her grandmother. She brought Elizabeth to San Fernando, Pampanga for physical examination. 6

    On October 18, 1995, Elizabeth was taken to the Jose B. Lingad Memorial Hospital, San Fernando, Pampanga where Dr. Sylvia Flores Garcia, a resident O.B. Gynecologist examined her. Dr. Garcia’s findings are contained in the Medico-legal report 7 she issued. The report states:jgc:chanrobles.com.ph

    "EXTERNAL GENITALIA & PERINEUM:jgc:chanrobles.com.ph

    "LABIA MAJORA: well cooptated

    "LABIA MINORA:jgc:chanrobles.com.ph

    "HYMEN: Deep healed laceration at 12 & 6 o’clock position; superficial, healed laceration at 2 o’clock position

    "I.E. FINDINGS: Intoitus admits 2 fingers with ease, cervix closed; uterus small

    "LABORATORY REQUEST:chanrob1es virtual 1aw library

    Pregnancy test — Negative

    Smear for Spermatozoa — negative

    for spermatozoa

    At the trial, Dr. Garcia testified. After identifying her report, she declared that there was incomplete laceration involving half of the width of the hymen but did not go beyond the base of the hymen. Among the possible causes of deep lacerations are trauma, if there is passage of blood within the hymen, infection, masturbation or insertion of foreign object inside the vagina and sexual intercourse. Her internal examination also revealed that the intoitus easily admitted two fingers which meant that the vagina canal was lax that may be caused by sexual intercourse, trauma or child bearing, although her cervix was closed and her uterus was small. 8

    Elizabeth executed a Sinumpaang Salaysay 9 on October 19, 1995, before PO1 Arsenio Cabral of the PNP, Calumpit, Bulacan. On October 20, 1995, the police filed a criminal complaint for rape 10 with the Municipal Trial Court, Calumpit, Bulacan against accused Florante Aguiluz.chanrob1es virtua1 1aw 1ibrary

    In his defense, Accused denied sexually molesting Elizabeth. He interposed an alibi. According to him, on October 15, 1995, he was at San Antonio de Padua Parish Church and served as layman minister and lector for the 8:00 to 10:00 mass in the morning and 4:00 to 5:00 mass in the afternoon. 11 Accused likewise presented Fr. Irineo Cabasal to corroborate his defense but on cross-examination, Fr. Cabasal testified that on October 15, 1995, there was only one mass, which was at 8:00 in the morning. 12

    After due trial, on January 6, 1998, the trial court rendered a decision convicting accused of statutory rape, the dispositive portion of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, the Court finds the accused FLORANTE AGUILUZ y NUQUE guilty beyond reasonable doubt of the crime of rape under Article 335, paragraph 3 of the Revised Penal Code.

    "Conformably with the provisions of Section 11 of Republic Act No. 7659, the Court imposes upon the accused the penalty of reclusion perpetua.

    "The Court also hereby orders the accused to indemnify the offended party Elizabeth B. Cruz the amount of P50,000.00 as moral damages.

    "SO ORDERED.

    "Malolos, Bulacan, January 6, 1998.

    (Sgd.)

    "OSCAR C. HERRERA, JR.

    "Judge"

    Not satisfied, Accused-appellant interposed the instant appeal. 13 He contends that the trial court gravely erred in finding the testimony of Elizabeth Cruz to be credible despite inconsistencies when taken together with the testimony of Dr. Garcia regarding her medico-legal findings on Elizabeth. He insists that the testimony of Elizabeth that she bled because of the sexual intercourse is inconsistent with the findings of Dr. Garcia that she found healed lacerations in the hymen of Elizabeth. Accused-appellant also alleges that the lower court erred in convicting him of rape notwithstanding the prosecution’s failure to prove his guilt beyond reasonable doubt.

    The appeal is devoid of merit.

    Article 335 of the Revised Penal Code provides:jgc:chanrobles.com.ph

    "ARTICLE 335. When and how rape is committed. — Rape is committed by having carnal knowledge of a woman under any of the following circumstances:jgc:chanrobles.com.ph

    "1. By using force and intimidation;

    "2. When the woman is deprived of reason or otherwise unconscious; and

    "3. When the woman is under twelve years of age or is demented.

    x       x       x."cralaw virtua1aw library

    "Under the third paragraph, two elements must be established to hold the accused guilty of rape, namely: (1) that the accused had carnal knowledge of a woman and (2) that the woman is below twelve years of age." 14

    Elizabeth was less than twelve (12) years old when Florante had carnal knowledge of her on October 15, 1995. She was born on October 21, 1983, per Certificate of Live Birth. 15 In such case, proof of consent of the woman is immaterial. Sexual intercourse with a woman below twelve years old is statutory rape. 16 Her consent to the intercourse is involuntary because she is considered to have no will of her own.

    Accused-appellant harps about the absence of fresh lacerations in Elizabeth’s hymen, asserting that the presence of "deep healed lacerations" belies the allegation that Elizabeth was raped three days prior to the physical examination conducted on her. Accused-appellant’s averments completely overlook the doctrine that the absence of fresh lacerations in complainant’s hymen does not negate sexual intercourse and does not prove that she was not raped. 17 "A freshly broken hymen is not an essential element of rape. Healed lacerations do not negate rape." 18 In fact, rupture of the hymen is not essential. In rape, "complete or full penetration of the complainant’s private part is not necessary. Neither is the rupture of the hymen essential. What is fundamental is that the entrance, or at least the introduction of the male organ into the labia of the pudendum, is proved. The mere introduction of the male organ into the labia majora of the victim’s genitalia, and not the full penetration of the complainant’s private part, consummates the crime." 19 Hence, the "touching" or "entry" of the penis into the labia majora or the labia minora of the pudendum of the victim’s genitalia constitutes consummated rape. 20 In other words, "the successful penetration by the rapist of the female’s genital organ is not indispensable. Penile invasion necessarily entails contact with the labia and even the briefest of contacts without laceration of the hymen is deemed to be rape." 21 If her testimony meets the test of credibility, that is sufficient to convict the accused. 22

    Contrary to accused-appellant’s claim, however, the testimony of Elizabeth Cruz, particularly as regards his identity, was direct, clear and positive.chanrob1es virtua1 1aw 1ibrary

    "It is well-settled doctrine that findings of the trial court regarding the credibility of the witness are to be given great weight and a high degree of respect by the appellate court." 23 "We see no cogent reason to make an exception to this rule." 24

    The accused also alleged that the grandparents of Elizabeth, who harbored ill feelings against him for having illicit relationship while being married to the sister of complainant’s grandfather, concocted the rape charge.

    The argument is untenable. The imputation of ill motive against the grandparents of Elizabeth is not supported by any evidence, except the testimony of the accused. In fact, the accused has not ascribed any ill motive on her part." [W]here there is no evidence to show any dubious reason or improper motive why a prosecution witness would testify falsely against an accused or falsely implicate him in a crime, the testimony is worthy of full faith and credit." 25 Besides, it is not believable that her grandparents, who nurtured and loved the victim, would expose an innocent girl to the humiliation and stigma of a rape trial simply to get back at Accused-Appellant.

    We are not persuaded by the appellant’s defense of alibi. Appellant alleged that he was no longer residing at Sto. Niño, Calumpit, Bulacan and he was serving as lay minister at San Antonio de Padua Parish on the date of the incident. Not only was accused-appellant’s alibi weak, it also did not rule out the possibility of his having committed the crime. The trial court observed:jgc:chanrobles.com.ph

    "That Iba, Hagonoy, Bulacan and Sto. Niño, Calumpit, Bulacan are only four (4) or five (5) kilometers apart. It would only take five to ten minutes to travel using a private vehicle from his residence in Iba, Hagonoy, Bulacan to Sto. Niño, Calumpit, Bulacan and about one (1) hour by public transport. As it is, therefore there was no physical impossibility for accused to be at the scene of the crime in the date and time in question even if he was then residing at Iba, Hagonoy or even if he was then performing his duties as lay minister and lector at the San Antonio de Padua Parish Church. Also belying the alibi of the accused is the testimony of his own witness, Rev. Fr. Ireneo T. Cabasal, who declared that his Church has only one mass during Sundays and this is celebrated at 8:00 o’clock in the morning. Thus, there was no occasion for accused to perform his duties as lay minister and lector at said Parish Church in the afternoon of October 15, 1995 which was a Sunday." 26

    Appellant failed to satisfy the elementary requirements of alibi, that is, Accused must be able to (a) prove his presence at another place at the time of the perpetration of the offense and (b) demonstrate that it is physically impossible for him to be at the scene of the crime. 27 Here, it was highly possible for him to be at the scene of the crime when it was committed.cralaw : red

    The evidence having sufficiently established that the rape was committed with a woman below twelve years of age, the Court finds the imposition of the penalty of reclusion perpetua to be in accord with Article 335, Revised Penal Code, as amended by R.A. No. 7659.

    In addition to the award of P50,000.00 as moral damages, 28 accused-appellant must be likewise ordered to pay P50,000.00 as civil indemnity conformably with recent pronouncements. 29 The latter is based on different jural foundations and assessed by courts in the exercise of sound discretion.

    WHEREFORE, the decision of the Regional Trial Court, Bulacan, Branch 20, Malolos, in Criminal Case No. 1475-M-95, sentencing accused appellant Florante Aguiluz y Nuque to reclusion perpetua and to indemnify the offended party Elizabeth B. Cruz in the amount of P50,000.00 as moral damages is AFFIRMED with modification that accused-appellant is likewise ordered to pay the additional amount of P50,000.00 as civil indemnity to the victim.

    Costs against Accused-Appellant.

    SO ORDERED.chanrob1es virtua1 1aw 1ibrary

    Davide, Jr., C.J., Puno, Kapunan and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. In Criminal Case No. 1475-M-95, Decision rendered on January 6, 1998, Judge Oscar C. Herrera, Jr., presiding, Rollo, pp. 19-37.

    2. Information, Rollo, pp. 9-10.

    3. RTC Record, Certificate of Arraignment, p. 36.

    4. Certificate of Live Birth, Folder of Exhibits, p. 7.

    5. TSN, April 19, 1996, pp. 6-19.

    6. TSN, April 19, 1996, pp. 20-22.

    7. RTC Record, p. 4, Exhibit "D" .

    8. TSN, June 24, 1996, pp. 8-30.

    9. Folder of Exhibits, p. 1.

    10. Docketed as Criminal Case No. 5144, Folder of Exhibits, p. 2.

    11. TSN, January 13, 1997, pp. 6-7.

    12. TSN, March 18, 1997, pp. 6-8.

    13. Notice of Appeal dated January 20, 1998, RTC Record, p. 261.

    14. People v. Andres, 324 Phil. 124, 128 [1996]; People v. Ylarde, 224 SCRA 405, 408-409 [1993].

    15. Folder of Exhibits, p. 7.

    16. People v. Gagto, 323 Phil. 539, 556 [1996].

    17. People v. Erardo, 343 Phil. 438, 451 [1997].

    18. People v. Llamo, 323 SCRA 791, 804 [2000].

    19. People v. Cura, 310 Phil. 237, 248 [1995].

    20. People v. Balibalita, G.R. No. 134266, September 15, 2000; People v. Campuhan, G.R. No. 129433, March 30, 2000; People v. Gagto, supra, Note 16, on p. 553; People v. Ylarde, supra, Note 14, on p. 409; People v. Clopino, 352 Phil. 1040, 1051 [1998].

    21. People v. Dimapilis, 300 SCRA 279, 305 [1998].

    22. People v. Abangin, 297 SCRA 655 [1998].

    23. People v. Tabalesma, 343 Phil. 317, 327 [1997]; People v. Almacin, 303 SCRA 399, 410 [1999].

    24. People v. Tabalesma, supra, Note 23, on p. 327.

    25. People v. Manuel, 298 SCRA 184, 194 [1998].

    26. Rollo, pp. 33-34.

    27. People v. Aranjuez, 349 Phil. 395 [1998].

    28. People v. Dimapilis, supra, Note 20, on p. 305.

    29. People v. Arco, G.R. No. 132062, August 14, 2000; People v. Marabillas, 303 SCRA 352 [1999].

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




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