ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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
 

   
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

  •  





     
     

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. Nos. 135853-54. November 22, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. OPENIANO LACISTE Y MATONDO, Accused-Appellant.

    D E C I S I O N


    VITUG, J.:


    For review is the decision of the Regional Trial Court of Davao City, Branch 17, finding Openiano Laciste guilty of the crime of rape and imposing upon him the penalty of death. The extreme penalty having been imposed, the case is now before this Court by way of automatic review pursuant to Article 47 of the Revised Penal Code as amended by Section 22 of Republic Act 7659.chanrob1es virtua1 1aw 1ibrary

    Two separate informations were filed against Openiano Laciste, charging him with rape; thus —

    CRIM. CASE NO. 40-423-98

    "That on May 21, 1996, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, the above-mentioned accused, by means of force and intimidation, did then and there wilfully, unlawfully and feloniously have sexual intercourse with EVANGELINE LACISTE, his daughter with common-law spouse Lydia Senia, against her will." 1

    CRIM. CASE NO. 40-424-98

    "That sometime on June 1996, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, the above-mentioned accused, by means of force and intimidation, did then and there wilfully, unlawfully, and feloniously have sexual intercourse with EVANGELINE LACISTE, his daughter with common-law spouse, Lydia Senia, against her will." 2

    The accused, upon arraignment, claimed innocence on both charges; thus, trial ensued.

    Evidence for the Prosecution. —

    Evangeline Laciste, the complainant, is the daughter of accused Openiano Laciste by his common-law wife Lydia Senia.

    Openiano, Lydia, Evangeline and their youngest daughter shared a room in their house in Tambubong, Baguio District, Davao City. On 21 May 1996, at about 7:00 o’clock in the evening, Evangeline, then said to be only fifteen years of age, was awakened when the accused pulled her away from bed and demanded to allow him to have sex with her. He mauled her when she refused to accede. He then proceeded to remove Evangeline’s underwear, placed himself on top of her and commenced his bestial assault. Evangeline continued to resist but the accused persisted and told her to keep quiet. Awakened by the noise, Lydia was stunned to see what was happening. Instead of desisting and being embarrassed, appellant even became infuriated and slapped Lydia. Noticing that appellant had a bolo, Lydia withdrew from the room. Appellant went on to satisfy his lust. In June 1996, the accused again sexually molested Evangeline ignoring the latter’s plea for mercy. Evangeline soon became pregnant, and she gave birth to a baby boy in April 1997. Unable to contain herself any longer, Evangeline, with the assistance of her mother, filed a complaint against her father for two counts of rape.

    Version of the Defense. —

    The accused claimed that he was at home one morning in July of 1996. Peeping through the bamboo wall of their house, he saw his daughter Evangeline having sexual intercourse with one Ernesto Bengcas, a resident of Marilog District, Davao City. He placed the time of the incident at approximately 10:30 a.m. when his common-law wife was not at home and his other children were in the farm. The accused said that he gave chase with a bolo but he was unable to overtake the duo. Later, the purok leader, after verifying the matter, told him that what had happened between Ernesto Bengcas and Evangeline was due to a mutual desire. Evangeline conceived and later gave birth to a baby boy.chanrob1es virtua1 1aw 1ibrary

    Judgment of the Trial Court. —

    The court a quo found the accused guilty in Criminal Case No. 40-423-98, and he was meted the penalty of death under Article 335 of the Revised Penal Code, as amended by Section 11 of Republic Act 7659. Appellant was likewise ordered to pay Evangeline the amount of P50,000.00 by way of moral damages and civil indemnity and the further sum of P25,000.00 by way of exemplary damages. In Criminal Case No. 40-424 98, the trial court, found the evidence to be wanting and thus acquitted the accused of the crime charged.

    In the instant review by the court of his case in Criminal Case No. 40-423-98, appellant would rather have it that the trial court erred, firstly, in giving faith and credit to the testimony of the prosecution witnesses and in disregarding the evidence adduced by the defense and, secondly, in imposing upon appellant the penalty of death despite the fact that the qualifying circumstance of minority was not alleged in the information.

    The Court has said many times over that the assessment made by a trial court about the testimony of a witness is accorded highest respect. Verily, It is the trial court, not an appellate court, which has direct opportunity and peculiar province to observe the demeanor of a witness on the stand and determine the veracity of the declarations there given. The trial court’s evaluation of testimonial evidence will be set aside only, as has been so repeatedly said, upon showing that the same is tainted with arbitrariness or that the trial court has evidently overlooked, misappreciated, or misunderstood some facts or circumstances of weight and substance which can affect the outcome of the case. 3 The Court finds no exceptional situation in this instance and perceives no cogent reason to disturb the findings of the trial court. There might have been certain inconsistencies on some details in the statements of the victim and those of her mother but, far from seriously damaging their testimony, it has buttressed their credibility for it is absolute congruence that instead can give occasion for doubts. 4 In any event, it is not to be expected that the victim who, understandably, must have been under great stress would be able to narrate minutely her harrowing experience. After all, Evangeline is just a young and naive barrio lass abruptly snatched from the cradle of innocence by the very person who should have even been her protector.chanrob1es virtua1 1aw 1ibrary

    The testimony of Evangeline Laciste was concise but straightforward. Thus —

    "Q. In the evening of May 21, 1996 at about 7:00 where were you?

    "A. I was at home.

    "Q. You are referring to your house at Tambubong Baguio District?

    "A. Yes.

    "Q. Who were with you at that time in your house?

    "A. My father, my brothers and sisters.

    "Q. What were you doing at that time on May 21, 1996, at about 7:00?

    "A. We were already sleeping at that time.

    "Q. Where were you sleeping? In what part of the house were you sleeping?

    "A. In the second floor.

    "Q. Who were with you sleeping at that time?

    "A. My father and I, my mother and my youngest sister.

    "Q. Who was directly near you in sleeping that evening?

    "A. My father.

    "Q. How about your mother where was she?

    "A. At the side because the position of our respective beds is that of a T-position.

    "Q. While sleeping that evening what unusual incident happened, if any?

    "A. The incident that evening which was witnessed by my mother was when I was mauled and pulled by my father because I refused to give in to his desire to use me.

    "Q. What happened at that instance when you refused to give in to his desire to use you?

    "A. He removed my panty.

    "Q. What happened next, when he removed your panty?

    "A. He placed himself on top of me and he had sexual intercourse with me.

    "Q. You said your mother was around, what did your mother do?

    "A. Although my mother was present she was not able to make a move because at that time he had a bolo under the pillow.

    "Q. On your part when your father removed your panty and had sexual intercourse with you what did you do?

    "A. I told him, ‘do not do it to me since I am your daughter. Why will you do it to me?’

    "Q. What was the response of your father, if any?

    "A. He said, ‘ Do not make any noise.’

    "Q. Please describe exactly what your father did to you in the act of having sexual intercourse with you?

    "A. What he did to me was he held me and pushed me to the bed and forced me to lie down on the bed and he removed my panty and placed himself on top of me.

    "Q. How did your father hold you at that time, please demonstrate?

    "A. He held me here. (witness touching her right waist)

    "Q. All the while when your father was doing that, what did your mother do?

    "A. As I said we were sleeping and my mother was awakened during that time and she said ‘Why are you noisy?’ and when she looked at us, she discovered us and she was slapped by my father.

    "Q. What did your mother do after she was slapped by your father?

    "A. She cried and after that she went out of the room.

    "Q. Who went out of the room?

    "A. My mother.

    "Q. After your mother left the room what did your father do next?

    "A. He also slapped me.

    "Q. What happened next?

    "A. After slapping me he placed himself on top of me and he said do not make [any] noise or I will hack you.

    "Q. When he said that what did he do to you?

    "A. He removed my panty and placed [himself] on top of me and had sexual intercourse with me.

    "Q. You said your father sexually molested you, what actually did your father do at that time when your father sexually molested you?

    "A. I cried because of what he had done to me.

    "Q. Please explain to the court. You said you were sexually molested, what do you mean when your father sexually molested you?

    "A. He removed my panty and had sexual intercourse with me.

    "Q. Can you estimate more or less how long your father had sexual intercourse with you?

    "A. I cannot tell. It was quite a longtime." 5

    The seriousness of the charge, as well as the absence of proof of ill motive on the part of the victim, hardly leads to a conclusion that the indictment is but the product of pure imagination. The long-standing rule — that when a woman testifies that she has been raped she says all that is necessary to constitute the commission of this crime 6 — finds no better application than when the indictee is the victim’s own father. 7

    The delay in reporting the crime to the authorities cannot alter the results of the case. The Court has often ruled that delay in the filing of the criminal complaint does not necessarily impair the credibility of the witness particularly, indeed, when the offender exercises moral ascendancy over the victim. 8 The hesitation of a rape victim in reporting the crime is quite common. Rape victims not infrequently would prefer silence than not because of either fear of their aggressors or of lack of courage to face the public stigma of having been sexually abused. 9

    The Court, however, would be unable to affirm the penalty of death imposed by the trial court. The minority of the victim, like her relationship to the offender, is a special qualifying circumstance that needs to be alleged in the complaint or information before the death penalty 10 can be imposed. The Constitution guarantor to an accused the right to be properly informed of the nature and cause of accusation against him; 11 it is a right that remains inviolable. While relationship of the victim with the appellant in the instant case is alleged in the Information, no mention has been made, however, about her minority. Appellant can only thus be convicted of simple, not qualified, rape. 12

    Conformably with prevailing jurisprudence, separate awards of P50,000.00 moral damages and P50,000.00 civil indemnity should be ordered paid to the rape victim, the two amounts being based, the trial judge has apparently overlooked, on different jural foundations. 13 Consistently with the ruling in People v. Catubig, 14 the additional award of P25,000.00 exemplary damages under Article 2230 of the Civil Code should be sustained.

    WHEREFORE, the judgment of the court a quo in Criminal Case No. 40-423-98 is AFFIRMED with MODIFICATION in that appellant Openiano Laciste is found guilty only of simple rape, and he is sentenced to suffer, instead of death, the penalty of reclusion perpetua. Appellant is further ordered to pay complainant conformably with existing jurisprudence the sum of P50,000.00 by way of civil indemnity ex delicto, P50,000.00 moral damages and P25,000.00 exemplary damages. Costs de oficio.chanrob1es virtua1 1aw 1ibrary

    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. 6.

    2. Records, p. 1.

    3. People v. Dones, 254 SCRA 696; People v. Sabellina, 238 SCRA 492.

    4. People v. Querido, 229 SCRA 745; People v. Abad, 268 SCRA 246.

    5. TSN, 18 June 1998, pp. 5-7.

    6. People v. Burce, 269 SCRA 293; People v. Maglantay, 304 SCRA 272.

    7. People v. Acala, 307 SCRA 330.

    8. People v. Abad, 268 SCRA 246.

    9. People v. Perez, 307 SCRA 276.

    10. People v. Narido, 316 SCRA 131; People v. Catubig, G.R. No. 137842, 23 August 2001; People v. Cantos, 305 SCRA 786.

    11. Sec. 1 (2), Article III of the Constitution.

    12. People v. Calayca, 301 SCRA 192.

    13. People v. Marabillas, 303 SCRA 352.

    14. G.R. No. 137842, 23 August 2001

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


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED