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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. 127003   November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 127003. November 16, 2001.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FAUSTINO GABON y CUMPA, Accused-Appellant.

    D E C I S I O N


    VITUG, J.:


    The law has seen it fit to prescribe the penalty of death in the commission of exceptionally offensive crimes; nevertheless, a death sentence is not indiscriminately imposed or passed upon with indifference, and it is only after all the legally pertinent facts and circumstances attendant to the case are firmly established and fully assessed when that extreme punishment will be finally decreed.chanrob1es virtua1 1aw 1ibrary

    Accused Faustino Gabon y Cumpa was charged with the crime of rape in a complaint filed by Michelle Gabon that read

    "COMPLAINT

    "The undersigned Complainant under oath accuses FAUSTINO GABON y CUMPA of the crime of Rape, committed as follows:jgc:chanrobles.com.ph

    "That on or about the 17th day of October 1994, in the Municipality of Marikina, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, being the legitimate father of the undersigned complainant, with lewd design and by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge with the undersigned complainant Michelle Gabon, 15 years, of age, against her will and consent." 1

    Upon his arraignment before the trial court, the accused entered a plea of "Not Guilty."cralaw virtua1aw library

    The evidence submitted during the trial consisted of, in the case of the prosecution, the testimony of Michelle Gabon, Jocelyn Mercado, and Dr. Ma. Cristina Freyra, as well as documentary exhibits that included Michelle’s birth certificate, and, for the defense, the testimony of Faustino Gabon and his brother Jose Gabon.

    The Prosecution Evidence. —

    Michelle Gabon, the complainant, was sleeping comfortably in a room she shared with her father and siblings without any clue on what awaited her. At 1:30 in the morning of 17 October 1994, she woke up to find the accused, her father, on top of her — naked but his briefs. Startled with his behavior, she instinctively pushed him away but he kept on. The accused removed her shorts and panty, forced open her thighs and legs and onslaught his penis into her vagina. She placed her arms to her chest so that she could again try pushing him away. She uttered, "ayoko, ayoko;" it was in vain, her father retorting, "sandali lang ito." Her ordeal made her bleed in pain. Michelle was then only 15 years old, her birthdate being 27 December 1978.

    Michelle went in the police with Peewee, her half-sister, to lodge a complaint. She reported that the incident of 17 October 1994 was not the first of sexually abuses that occurred regularly, almost twice a week, from 19 March to 17 October 1994. She did not reveal the incidents to anyone, except to her other half-sister Jocelyn Mercado, for fear of him.

    Jocelyn Mercado testified to being a stepdaughter of the accused. On 18 October 1994, at 11 o’clock in the morning, Michelle went to her house in Las Piñas. Michelle confided to her that since March of 1994 Michelle had continued to be subjected to bestial abuse by the accused about twice a week that lasted until 17 October 1994. Michelle said she had kept mum about these intrusions because of fear.

    Dr. Ma. Cristina Freyra examined Michelle on 19 October 1994; she attested on the results of her examination —

    "FINDINGS

    "Fairly developed, fairly nourished and coherent female subject. Breasts are hemispherical with dark brown areola and nipples from which no secretions could be pressed out. Abdomen is flat and soft.

    "GENITAL

    "There is minimal growth of pubic hair. Labia majora are full, convex and coaptated with the slightly congested and abraded labia minora presenting in between. On separating the same is disclosed an abraded posterior fourchette and an elastic, fleshy-type hymen with deep healed lacerations at 3 and 9 o’clock. External vaginal orifice offers moderate resistance to the introduction of examining index finger. Vaginal canal is narrow with prominent rugosities. Cervix is normal in size, color and consistency.

    "Vaginal and peri-urethral smears are negative for fram-negative diplococci and for spermatozoa.

    "CONCLUSION

    "Subject is in non-virgin state physically.

    "There are no external signs of recent application of any form of trauma." 2

    The Defense Evidence. —

    The accused, Faustino Gabon, denied not only his having raped the complainant but likewise his paternity to Michelle. He testified that he had first met Gloria Banez (mother of Michelle) in May 1978 at Arizona Sauna Bath. He frequented the place and, soon, the two found themselves carrying on an affair. He recounted that Gloria had two children by her husband with whom she was separated. in July 1978, Gloria told Faustino that she was pregnant but that she had no idea who the father might be. The accused took pity on Gloria and decided to live with her. On 27 December 1978, Michelle was born and carried his surname — Gabon. In support of his denial of the rape charges, Faustino pointed to a certain Marlon, a boyfriend of Michelle, as being the likely culprit. He asseverated that the rape charge was but a product of Jocelyn’s desire for revenge for his having caused the break-up of Jocelyn and her Japanese boyfriend. Michelle also resented her having been scolded by him due to her poor grades in school. Michelle’s claim to have bled when assaulted on the morning of 17 October 1994, he stressed, was inconsistent with the medical findings which showed healed, not fresh lacerations, and no external signs of recent injury.chanrob1es virtua1 1aw 1ibrary

    Jose Gabon, his brother, corroborated the accused only on the relationship of Faustino and Michelle.

    Finding no merit on the pleas of the accused vis a vis the evidence adduced by the prosecution, the trial court convicted him of rape and imposed the extreme penalty of death; the trial court concluded:jgc:chanrobles.com.ph

    "WHEREFORE, the Court finds accused Faustino Gabon y Cumpa GUILTY BEYOND REASONABLE DOUBT of the crime of RAPE, aggravated by the fact that the accused is the father of the complainant, and hereby sentences him to suffer the penalty of DEATH pursuant to Section 11 of R.A. No. 7659; to pay complainant Michelle Gabon the sum of P50,000.00 as moral damages, and the sum of P50,000.00 as exemplary damages, plus all the accessory penalties provided for by law, without subsidiary imprisonment in case of insolvency, and to pay the costs.

    "Let the entire records of this case be forwarded to the Supreme Court for automatic review." 3

    In his appeal to this Court, the convicted accused assigned a lone error, i.e., that —

    ". . . (T)he Lower Court erred in believing the untruthful story spun by Michelle Gabon and her sister Peewee, instead of seeing the truth in the story of Faustino. The evidence — the medico-legal report — disproves the assertion of Michelle that her father raped her on October 17, 1994." 4

    In almost all rape cases, it is the word of the complainant pitted against that of the accused. The issue, being one of credibility which largely bears on the veracity of conflicting testimony, an appellate court would be justified in placing great reliance on the evaluation made by the trial court before whom the declarants are seen, heard and observed during oral testimony.

    In an unflinching manner, Michelle gave a detailed account of that which had befallen her.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Madam Witness, on October 17, 1994, do you recall of any unusual incident involving yourself and your father, Faustino Gabon?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And what is that incident all about?

    "WITNESS:chanrob1es virtual 1aw library

    I was raped by my father.

    "x       x       x

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Now Madam Witness, you stated earlier that you were raped by your father-accused Faustino Gabon. My question now is, where did this incident happen? Where did it happen?

    "WITNESS:chanrob1es virtual 1aw library

    At our house.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And where is your house located?

    "WITNESS:chanrob1es virtual 1aw library

    No. 34 J. M. Basa St., Calumpang, Marikina, Metro Manila.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And about what time was that when you were raped in your house in Marikina on October 17, 1994?

    "WITNESS:chanrob1es virtual 1aw library

    About 1:30 a.m.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    In what particular place of your house were you raped by your father?chanrob1es virtua1 1aw 1ibrary

    "WITNESS;

    Inside our room sir.

    "x       x       x

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And Madam Witness, what exactly did your father do to your person on that early morning of October 17, 1994?

    "WITNESS:chanrob1es virtual 1aw library

    I was sleeping at that time when I was awakened and I saw him on top of me already undressed.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    What did you do when you were awakened and discovered that your father was in the nude over you?

    "WITNESS:chanrob1es virtual 1aw library

    I pushed him, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And were you successful in pushing him?

    "WITNESS:chanrob1es virtual 1aw library

    No sir, because he was very big.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    After you failed to push him, what happened if any?

    "WITNESS:chanrob1es virtual 1aw library

    He tried to remove my shorts and panty and tried to insert his penis to my vagina.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    By the way Madam Witness, what were you wearing then?

    "WITNESS:chanrob1es virtual 1aw library

    I was wearing shorts and T-Shirt.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And you were wearing bra, then?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And what kind of shorts, Madam Witness?

    "WITNESS:chanrob1es virtual 1aw library

    Garterized shorts.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    What about your T-shirt, was it loose or tight?

    "WITNESS:chanrob1es virtual 1aw library

    Loose, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Now, you stated earlier that your father tried to remove your shorts and panty. My question now is, was he able or was he successful in removing your shorts and panty, Madam Witness?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And after he was able to remove your shorts and panty, what happened next, if any?

    "WITNESS:chanrob1es virtual 1aw library

    He spread out my thighs and tried to insert his penis on my vagina.chanrob1es virtua1 1aw 1ibrary

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Was he successful in inserting his penis to your vagina. Madam Witness?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And after he inserted his penis to your vagina, what happened next, if any?

    "WITNESS:chanrob1es virtual 1aw library

    I was hurt, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    By the way Madam Witness, did you not try to resist when you were sexually attacked by your father?

    "WITNESS:chanrob1es virtual 1aw library

    I fought, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    In what manner?

    "WITNESS:chanrob1es virtual 1aw library

    I was pushing him.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And did you try to scream or yell for help?

    "WITNESS:chanrob1es virtual 1aw library

    No.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Why?

    "WITNESS:chanrob1es virtual 1aw library

    I was afraid that he might hurt me when I shout.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Did he threaten you, Madam Witness?

    "WITNESS:chanrob1es virtual 1aw library

    No, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    But why did you not shout or yell for help?

    "WITNESS:chanrob1es virtual 1aw library

    Because if I shout or yell for help he might hurt me and he might do the same things to my younger sisters.

    "x       x       x

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Now, after your father inserted his penis to your vagina, what happened next if any?

    "WITNESS:chanrob1es virtual 1aw library

    I bled.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    What part of your body bled Madam Witness?

    "WITNESS:chanrob1es virtual 1aw library

    My vagina, sir.cralaw : red

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And for how long did your father sexually abuse you on October 17, 1994?

    "WITNESS:chanrob1es virtual 1aw library

    30 minutes, sir.

    "x       x       x

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Now Madam Witness, going back to the incident wherein you were being raped by your father. Would you recall if what was your position then when your father first attacked you?

    "WITNESS:chanrob1es virtual 1aw library

    I was lying.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And when he was already on top of you, what was your position then?

    "WITNESS:chanrob1es virtual 1aw library

    Nakatihaya, po.’

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And while he was sexually abusing you, what was your position then?

    "WITNESS:chanrob1es virtual 1aw library

    I was still lying down, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And you also stated that your father forced open your leg, is it not?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    How about your arms, Madam Witness?

    "WITNESS:chanrob1es virtual 1aw library

    On top of my breast.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Why were your hands on top of your breast?

    "WITNESS:chanrob1es virtual 1aw library

    So that I could push him.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Were you able to push him?

    "WITNESS:chanrob1es virtual 1aw library

    No, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    By the way Madam Witness, was that the first time that your father sexually abused you?

    "WITNESS:chanrob1es virtual 1aw library

    No, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Then do you recall the instances when your father abused you?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    May we know the occasions when your father abused you?chanrob1es virtua1 1aw 1ibrary

    "WITNESS:chanrob1es virtual 1aw library

    It started in March 1994.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Up to when?

    "WITNESS:chanrob1es virtual 1aw library

    October 17, 1994.

    "FISCAL CAPELLAN

    And during the period from March 1994 to October 1994, would you recall if how many times did your father sexually abuse you?

    "WITNESS:chanrob1es virtual 1aw library

    No, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And could you more or less approximate . . . I recall that question. More or less how many times during that period from March to October?

    "ATTY. SALVADOR:chanrob1es virtual 1aw library

    Already answered.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    That was the first answer. My next question, approximately how many?

    "WITNESS:chanrob1es virtual 1aw library

    Twice a week, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And during those times, did you consent or agree to what your father was doing, Madam Witness?

    "WITNESS

    No, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And you saw that you did not consent or agree to what your father was doing. My question now, is, what step or move did you do to repel or counter-act to the attack of your father?

    "WITNESS:chanrob1es virtual 1aw library

    I pushed him everytime he was attacking me.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    And during all those times when you were sexually attacked by your father, you did not report the incident to anybody?

    "WITNESS:chanrob1es virtual 1aw library

    No, sir.

    "FISCAL CAPELLAN:chanrob1es virtual 1aw library

    Why?

    "WITNESS:chanrob1es virtual 1aw library

    I was afraid that if I tell anybody he might hurt me and he might do the same things to my younger sisters." 5

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    Michelle, under the direct, you said that in the morning of October 17, 1994, at about 12:30 in the morning, you were awakened and you noticed Mr. Gabon was already on top of you, is that correct?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    And that he was already, as you said in the nude?chanrob1es virtua1 1aw 1ibrary

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    When you said in the nude, even his brief or shorts was already out?

    "WITNESS:chanrob1es virtual 1aw library

    He was still wearing his brief.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    Now, you said also that he was on top of you and you started to push him. When you were pushing him, did you utter any cry or did you yell up?

    "WITNESS:chanrob1es virtual 1aw library

    No, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    Even before that. When you were awakened he was on top of you. Were you surprised to find him on top of you?

    "WITNESS:chanrob1es virtual 1aw library

    I was surprised.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    And because you were surprised, did you not yell, oh, bakit ka nandito’?

    "FISCAL GAPUZAN:chanrob1es virtual 1aw library

    That was already answered.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    Not yet, I am going back before she was pushing him. When [he] was on top, she was surprised and she said yes.

    "COURT:chanrob1es virtual 1aw library

    What is the next question?

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    When you were surprised, did you not yell out?

    "WITNESS:chanrob1es virtual 1aw library

    No, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    What was your reaction when you found him on top of you?

    "WITNESS:chanrob1es virtual 1aw library

    ‘Wala’, all that I said was ‘ayoko’.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    Did you repeat this ‘ayoko, ayoko’?

    "WITNESS

    Yes, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    How many times?

    "WITNESS:chanrob1es virtual 1aw library

    2 times, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    What was the reaction of Mr. Gabon when you said ‘ayoko’?

    "WITNESS:chanrob1es virtual 1aw library

    He said, ‘sandali lang’.

    "x       x       x

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    After that, you shoved him and you said ‘ayoko’ and it [lasted] for about a minute.chanrob1es virtua1 1aw 1ibrary

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    And after that and all those times was he pinning you down?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    And he was on top of you and his breast was against your breast?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    Where was your hand when he was pinning you down?

    "WITNESS:chanrob1es virtual 1aw library

    I was pushing him.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    I am asking where was his hand when your breast was against his breast and you were trying to push him?

    "FISCAL GAPUZAN:chanrob1es virtual 1aw library

    Witness is demonstrating your Honor please that the hands of the accused abreast on the floor.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    Was his breast very close to your breast?

    "WITNESS:chanrob1es virtual 1aw library

    No, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    Was he on reclining position?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir, ‘nakadapa’.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    You said under direct that he removed your shorts. With what hand did he use in removing your shorts?

    "WITNESS:chanrob1es virtual 1aw library

    Both hands.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    So much so that when he started removing your shorts with both hands, he has to sit up, is that correct?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    So he removed himself from the ‘nakadapa’ position, he sat up and started removing your shorts in a sitting down position, is that correct?

    "WITNESS:chanrob1es virtual 1aw library

    Yes, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    Now, when he was at this position of removing your shorts, was he astride you or was he at one side of the bed where you were lying down?chanrob1es virtua1 1aw 1ibrary

    "WITNESS:chanrob1es virtual 1aw library

    He was astride, sir.

    "ATTY. NAVARRO:chanrob1es virtual 1aw library

    In relation to your legs, if he was astride you when he was removing your shorts, was he astride sitting down on your upper leg or your lower portion of your leg?

    "WITNESS:chanrob1es virtual 1aw library

    On my leg, sir.

    "ATTY. NAVARRO

    Now, all the while that he was doing this, what were you doing?

    "WITNESS:chanrob1es virtual 1aw library

    I was pushing him and telling him ‘ayoko, ayoko’." 6

    The unwavering and positive identification made by complainant of her defiler and tormentor cannot prevail over the latter’s flimsy, self-serving and uncorroborated denial. 7

    The commission of rape against Michelle cannot be negated simply because of the absence of fresh laceration or by the fact that Michelle has been found to be in a non-virgin state at the time of the medical examination. A doctors certificate is merely corroborative in character and not an indispensable requirement in proving the commission of rape; 8 in fact, lacerations, whether healed or fresh, are the best physical evidence of a forcible defloration. 9 Contrary to appellant’s contention, the testimony of prosecution witness Police Senior Inspector Maria Cristina Freyra, a medico-legal officer, actually appears to support the case for the prosecution.

    "FISCAL GAPUZAN:jgc:chanrobles.com.ph

    "What was the result of your examination?

    "WITNESS:jgc:chanrobles.com.ph

    "On examination, I found a slightly congested and abraded labia majora and elastic fleshy type hymen with deep healed laceration at 3 to 9 o’clock.

    "FISCAL GAPUZAN:jgc:chanrobles.com.ph

    "What does that mean in layman’s term when you stated in your report that she has a deep healed lacerations at 3 and 9 o’clock?

    "WITNESS:jgc:chanrobles.com.ph

    "When we say deep, we mean that the extent of the laceration extend beyond 1/2 of the entire width of the hymen and when we say healed, we mean that the edges of the laceration are already clean cut which mean that the laceration was more than 7 days prior to the last examination.

    "FISCAL GAPUZAN:jgc:chanrobles.com.ph

    "Now, what is then your conclusion Madam Witness after having those findings pursuant to your examination?

    "WITNESS:jgc:chanrobles.com.ph

    "I concluded that subject is [in] non-virgin state physically and there are no external signs of recent application of any form of trauma.

    "FISCAL GAPUZAN:jgc:chanrobles.com.ph

    "You stated Madam Witness in your finding that the specimen have an abraded labia minora. Will you please tell this Honorable Court what does this mean in layman’s term?

    "WITNESS:jgc:chanrobles.com.ph

    "In layman’s term, abraded in Tagalog is ‘gasgas’.

    "FISCAL GAPUZAN:jgc:chanrobles.com.ph

    "And that abraded Doctor, do you consider that still fresh or healed abrasion?

    "WITNESS:jgc:chanrobles.com.ph

    "Those are fresh abrasions.

    "FISCAL GAPUZAN:jgc:chanrobles.com.ph

    "And in your medical expertise Doctor those abrasions which were fresh as you have stated, more or less when could this been inflicted on the victim?

    "WITNESS:jgc:chanrobles.com.ph

    "The victim could have inflicted that a day prior to examination.

    "FISCAL GAPUZAN:jgc:chanrobles.com.ph

    "Now, you likewise concluded that the subject is non virgin state physically. Could you possibly tell this Honorable Court when the specimen or patient could have practically lost her virginity?

    "WITNESS:jgc:chanrobles.com.ph

    "Upon examination, I found a deep healed laceration and when we say healed, the laceration was inflicted 7 days prior to examination, therefore, she had this laceration more than 7 days upon examination, it could be a month, a year or 2 years.

    "FISCAL GAPUZAN:jgc:chanrobles.com.ph

    "Now Doctor, the victim in this case testified on cross examination that she was last abused on October 17, 1994. She likewise testified that during such date, she noticed some blood on her underwear. Would it still be possible Doctor that the witness sustain this injury despite the fact that she was a non virgin state physically?

    "WITNESS:jgc:chanrobles.com.ph

    "When I interviewed her, I asked her the date of her last menstruation. The first day of her last menstruation was October 9. Therefore, it is mathematically possible that the blood she noticed during the contact was the last flow of menstrual blood or the blood could have been due to abrasion that was brought about by the contact. But the blood that would flow from this abrasion would be minimal if you are to examine it, let us say it stick on a white sheet the stain would be brownish; very thin." 10

    Besides, in her narration, Michelle said that the incident of 17 October 1994 was not the first time she had been subjected to sexual abuse by appellant which could aptly explain the healed lacerations described by Dr. Freyra.chanrob1es virtua1 1aw 1ibrary

    Appellant asserts that Michelle could have been prompted by Peewee to file the case because she, like Michelle, has abhorred being scolded by appellant for her failing grades in school. This argument is too feeble to be taken seriously. Indeed, it has often been said that it would be inconceivable for a young lass to complain of rape, let alone against her own kin, to undergo physical examination of her private parts, as well as to willingly endure the concomitant trauma and the scandal of a public trial, 11 for no compelling and valid reasons. Even when consumed with revenge, it would still take a great amount of psychological depravity to concoct a rape story, subject an innocent man to an extreme punishment and drag the supposed victim and the rest of her family to a lifetime of shame. 12 Nor would the argument that it would be impossible for the crime of rape to be committed in a crowded room an acceptable defense. It is a hornbook doctrine that rape can be committed even in a most unlikely venue.

    Under Section 11(1) of Republic Act 7659, 13 in relation to Article 335 of the Revised Penal Code, the death penalty may be imposed when the rape victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. The concurrence of the minority of the victim and her filiation with the accused is essential in order to qualify the crime and warrant the imposition of the death penalty. These twin circumstances are required to be both duly alleged and proved. 14

    In the instant case, appellant failed to negate the minority of the victim properly alleged in the complaint, attested to by Michelle and stated in her birth certificate, 15 but the relationship to him of the victim, averred in the complaint, was not duly established. Michelle could have only been an illegitimate (not legitimate per the complaint) daughter of appellant, the latter not being lawfully married to Michelle’s mother. Indeed, even Michelle’s own filiation to appellant would not appear to be indubitable.

    A discrepancy found in the information and that which might finally be established in court is fatal in the imposition of the death penalty. It is paramount that the accused should always be aptly informed of the accusation against him and, unless correctly stated in the complaint or information, qualifying circumstances cannot be considered against an accused.

    The pronouncement below that the rape victim is entitled to the amount of P50,000.00 by way of civil indemnity and as being the equivalent of compensatory damages is sustained. 16 In addition, the victim is entitled to a separate award of P50,000.00 moral damages, taking into account the immeasurable havoc wrought on her youthful psyche. 17 There being no aggravating circumstance that can be considered, the award of exemplary damages by the trial court would have to be deleted.

    WHEREFORE, the assailed decision of the court a quo convicting appellant FAUSTINO GABON y CUMPA is AFFIRMED with MODIFICATION in that he is only found guilty of simple rape, not qualified rape, and he is hereby meted the penalty of reclusion perpetua. In addition to the civil indemnity of P50,000.00 adjudged against appellant in favor of Michelle Gabon, the Court likewise awards to her, payable by appellant, moral damages of P50,000.00. The award of a like amount by way of exemplary damages is deleted for lack of legal basis. Costs de oficio.

    SO ORDERED.

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

    Endnotes:



    1. Rollo, p. 13.

    2. Rollo, pp. 39-40.

    3. Rollo, pp. 54-55.

    4. Rollo, p. 81.

    5. TSN, 05 January 1995, pp. 11-30.

    6. TSN, 05 July 1995, pp. 3-21.

    7. People v. Ramos, 312 SCRA 137.

    8. People v. Brandares, 311 SCRA 159.

    9. People v. Alcala, 307 SCRA 330.

    10. TSN, 19 September 1995, pp. 9-14.

    11. People v. Quinanola, 306 SCRA 710.

    12. People v. Sandico, 307 SCRA 204.

    13. An Act To Impose the Death Penalty on Certain Heinous Crimes, Amending for that purpose the Revised Penal Code, as amended, other Special Laws, and for other purposes.

    14. People v. Licanda, 331 SCRA 357.

    15. A birth certificate is the best evidence of a person’s date of birth. (People v. Apostol, 320 SCRA 327.)

    16. People v. Fuertes, 296 SCRA 602.

    17. People v. Sagun, 303 SCRA 382.

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


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