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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
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

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    G.R. No. 122736   November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 122736. November 14, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FROILAN PADILLA y VALENZUELA, Accused-Appellant.

    D E C I S I O N


    YNARES-SANTIAGO, J.:


    Accused-appellant Froilan Padilla was indicted for rape before the Regional Trial Court of Lucena City, Branch 55, under the following information:chanrob1es virtual 1aw library

    That on or about the 13th day of June 1993, in the city of Lucena, province of Quezon, Philippines and within the jurisdiction of this Honorable Court, the said accused did then and there wilfully, unlawfully and feloniously commit the crime of rape by means of force, threats, and intimidation upon Leonisa P. Caballero, by then and there forcibly having carnal knowledge against the latter’s will. 1

    When arraigned, Accused-appellant originally pleaded not guilty. However, at the start of trial, he sought to change his plea into one of guilty but to the lesser offense of acts of lasciviousness. However, the victim was not amenable. 2 Hence trial ensued. After the parties presented their respective evidence, the lower court rendered a judgment of conviction finding accused-appellant guilty of rape and sentenced him to suffer reclusion perpetua and to pay the victim P50,000.00 as moral damages. 3 The facts as found by the trial court: 4

    At about 2:00 o’clock in the morning of June 13, 1993, complainant Leonisa Caballero was sleeping inside her stall at the fishing port of Barangay Dalahican, Lucena City. She awakened when she felt a person on top of her, who had a knife poked at her neck. She could not see the man’s face as it was dark. The man told her not to shout. As he spoke, she recognized his voice as that of appellant. Appellant removed her panty. Appellant pulled down his briefs which was his only clothing. He succeeded in raping her, able to penetrate her private parts with his organ. She was unable to do anything as she was afraid of the knife which was pushed against her neckchanrob1es virtua1 1aw 1ibrary

    As appellant left her stall and stepped out, a light shone on his face and complainant recognized him clearly. She was familiar with appellant because he was staying at the stall of his cousin, Coring (Puring) Padilla, which was just next to complainant’s stall — about one (1) meter away. Appellant was a laborer at the pier and sometimes eats at complainant’s store. Complainant then shouted for help.chanrob1es virtua1 1aw 1ibrary

    One of those who came to complainant’s help reported the incident at the PNP Port Maritime District. Three (3) officers responded: SPO1 Crispin Virtucio, SPO1 Pablo Marasigan and SPO3 Noel Fabella. As the three officers came to the site of the incident, they saw a scared woman crying in front of her stall. Complainant reported that she was raped and pointed to appellant, who was just in the next stall, as the culprit. The stalls were barely a meter apart and measure about 2 x 2 meters.

    Appellant was inside the adjacent store of Coring Padilla when the police officers went there. Appellant at first refused to accompany the police officers as he was apprehensive that he would be hurt. After it was explained to appellant that he will simply be questioned about the rape incident, he went with the respondent police officers to the maritime office. The police officers also took a knife tucked in the wall of the stall near appellant. Appellant was later turned over to the Lucena City Police Station.

    Complainant was examined by Dr. Bernardita V. De la Peña of the Quezon Memorial Hospital in Lucena City. Complainant, who was forty-two (42) years of age, was described to be fat and round and could not readily stand when seated or lying down. She had fresh laceration on her left forefinger, about 0.5 cm., which she must have sustained when she held the knife by the hand and appellant removed it from her hold. Her vagina bore multiple lacerations. She was found to have delivered four (4) babies already but was not pregnant. When she was examined, it was her second day of menstruation. No sperm cell was found on complainant which the doctor explained as possibly due to continuous urination.chanrob1es virtua1 1aw 1ibrary

    Accused-appellant is now before this Court seeking the reversal of his conviction.

    The appeal has no merit.

    From the records, there is no doubt that accused-appellant actually had sexual contact with the victim. The sexual congress was consummated while accused-appellant was armed with a long knife which he used in threatening the victim. The fear for her life or injury to her limb made her submit to the lecherous act done to her by Accused-Appellant.

    In an attempt to exculpate himself, Accused-appellant asserts that he could not have engaged in sexual contact with complainant because she had her menstruation at that time. Such argument is clearly non-sequitur. The fact that the victim had her monthly menstruation does not mean that accused-appellant could not have had sexual intercourse with her. The presence or absence of menstruation does not negate the crime of rape nor render its execution impossible. 5 Lust, after all, manifests no reverence for occasion, location or the victim’s condition, 6 just as it is no respecter of time and place. 7 Accused-appellant also contends that no semen was found in the private parts of the victim, contrary to her claim that she felt accused-appellant ejaculate inside her. However, this was adequately explained during the trial by the examining physician, that the traces of semen could have been washed away due to continuous urination. 8 In any case, applicable herein is the ruling that the absence of sperm samples in the vagina of the victim does not negate rape, 9 because the absence of spermatozoa is not an element thereof. 10

    Accused-appellant denied the accusation and argued that he was never attracted to the victim. Accused-appellant’s bare denial cannot stand against his positive identification by no less than the victim herself, who heard his voice threatening her and subsequently saw his face while he was escaping. Thus, during the victim’s direct examination, she categorically stated:chanrob1es virtual 1aw library

    Q. How did you recognize him as the one who raped you?

    A. When he told me not to shout I recognized his voice, sir.

    x       x       x 11

    And during her cross-examination:chanrob1es virtual 1aw library

    Q. You did not recognize that somebody when he was raping you because it was dark in your store, is it not?

    A. I recognized him when he went out of the door and his face was lighted, ma’m.

    Q. What was the position of the accused when you saw him on the lighted part of that kitchen of yours?

    A. He happened to face me, ma’m.

    Q. Is it not Mrs. witness that there were many persons where your store is situated?

    A. There were no persons because it was early morning, ma’m. 12

    Equally, Accused-appellant’s defense of alibi, aside from being inherently weak, 13 cannot prosper, in the light of the evidence that the store where the victim was raped, on the one hand, and the store of accused-appellant’s relative where he also stays, on the other hand, is just a matter apart. It was not, therefore, physically impossible for accused-appellant to be at the scene of the crime at the time of its commission. Moreover, alibi cannot prevail over accused-appellant’s positive identification as the rapist. 14 The argument of the defense that the reason why accused-appellant was charged was because he was considered a "bad person" is too shallow an excuse. No ill motive can be attributed to the person who reported the rape to the police, just as no wrongful motive can be imputed on the victim in charging accused-appellant with a serious accusation.

    Ultimately, the issue boils down to credibility of witnesses. Assignment of credibility is a matter best left to the domain of the trial court because of its unique position of having observed that elusive and incommunicable evidence of the witnesses’ deportment on the stand while testifying — an opportunity denied to appellate courts which simply relies on the silent pages of the cold evidence on record. No adequate and convincing reason was shown in order to justify setting aside the findings and conclusions arrived at by the court below, which if considered would affect the result of the judgment. 15 The trial court observed the victim’s demeanor when she testified in court as "clear, straightforward and credible" though "brief." 16

    However, the trial court erred in appreciating the three generic aggravating circumstances of armed with a deadly weapon, insult and dwelling. Although all the three aggravating circumstances were proven, none of them was specified, much less alleged, in the information either as a modifying or an aggravating circumstance. Under the 2000 Rules of Criminal Procedure, it is now required that the aggravating or modifying circumstances must be specified in the information. This new provision, being beneficial to accused-appellant, shall be given retroactive effect as it applies to actions pending and undetermined at the time of their passage. 17 In view of the constitutional proscription on the imposition of the death penalty at the time and since the retroactive application of the restored death penalty is unfavorable to accused-appellant, only reclusion perpetua shall be imposed on him.

    We, likewise, modify the monetary awards. Though a rape victim is automatically granted moral damages without need of proof, as it is assumed that the victim has suffered moral injuries entitling her to such award, 18 jurisprudence has settled that she is also automatically entitled to a civil indemnity separate and distinct from the award of moral damages. 19 Thus, Accused-appellant is sentenced to pay moral damages of P50,000.00 and civil indemnity of P50,000.00. 20

    WHEREFORE, the decision of the Regional Trial Court of Lucena City, Branch 55 in Criminal Case No. 93-451, finding accused-appellant guilty beyond reasonable doubt of rape, is AFFIRMED with MODIFICATION that accused-appellant is ORDERED to pay the victim P50,000.00 as civil indemnity, in addition to the P50,000.00 as moral damages.

    SO ORDERED.

    Davide, Jr., Puno, Kapunan and Pardo, JJ., concur.

    Endnotes:



    1. Criminal Case No. 93-451, Records, p. 2.

    2. Transcript of Stenographic Notes (TSN), September 9, 1993, p. 4.

    3. The dispositive portion of the Decision dated January 13, 1995 penned by Judge Florentino Tierra, reads:jgc:chanrobles.com.ph

    "Wherefore, in view of the foregoing, this court finds the accused Froilan Padilla y Valenzuela, guilty beyond reasonable doubt of the crime of rape, and hereby sentences him to suffer reclusion perpetua, and to indemnify the complainant, Leonisa Cabollero, P50,000.00 as moral damages. He shall be immediately committed to the Bureau of Corrections, Muntinlupa, Metro Manila without unnecessary delay."cralaw virtua1aw library

    4. Rollo, pp. 84-88.

    5. People v. Acabo, 259 SCRA 75 (1996).

    6. People v. Austria, G.R. No. 123539, June 27, 1999.

    7. People v. Torio, 318 SCRA 345 (1999); People v. Batoon, 317 SCRA 545 (1999).

    8. TSN, December 7, 1993, pp. 10-11.

    9. People v. Suba, 319 SCRA 374 (1999); People v. Lacaba, 318 SCRA 301 (1999).

    10. People v. Brandares, 311 SCRA 159 (1999).

    11. TSN, September 9, 1993, p.10.

    12. TSN, September 9, 1993, p. 20.

    13. People v. Lopez, G.R. No. 131151, August 25, 1999 citing People v. Andal, 344 Phil. 889; People v. Garcia, 281 SCRA 463 (1997); People v. Abellanosa, 264 SCRA 722 (1996); People v. Alcantara, 240 SCRA 122 (1995).

    14. People v. San Agustin, G.R. Nos. 135560-61, January 24, 2001.

    15. See People v. Rapisora, G.R. No. 138086, January 25, 2001.

    16. RTC Decision, p. 9.

    17. People v. Arrojado, G.R. No. 130492, January 31, 2001.

    18. People v. Alba, 305 SCRA 811 (1999); People v. Bolatete, 303 SCRA 709 (1999) cited in People v. Ulgasan, G.R. Nos. 131824-26, July 11, 2000.

    19. People v. Garigadi, G.R. No. 110111, October 26, 1999 cited in People v. Mendez, G.R. No. 132546, July 5, 2000.

    20. People v. Docena, G.R. Nos. 131894-98, January 20, 2000; People v. Batoon, G.R. No. 134194, October 26, 1999.

    G.R. No. 122736   November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA


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