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

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 135863. November 22, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VlRGILIO LORICA y MANJAREZ, Accused-Appellant.

    D E C I S I O N


    BUENA, J.:


    A father who unleashes raw lust on his own flesh and blood is worse than a beast for humanity has yet to hear a tale of a beast which defiled the sanctity of its own young.

    Accused-appellant Virgilio Lorica started sexually abusing his daughter Elenita P. Lorica since she was ten (10) years old when they were still residing in Quezon Province. He raped Elenita whenever his wife and other children were out of their house. He whenever his wife and other children were out of their house. He threatened her not to tell anybody about it, otherwise he would kill her. 1 Elenita, who could not stand his father’s abuses, nonetheless told her mother about the rapes but her mother did not believe her. 2 Thus, Elenita cowered into silence.chanrob1es virtua1 1aw 1ibrary

    When the family transferred to Brgy. Linga, Pila, Laguna, Elenita was not spared of the same ordeal. 3 Accused-appellant’s maniacal assault on Elenita, however, ended on October 20, 1997 when Elenita, after being raped twice on that day, 4 courageously reported the incident to her Ate Inday and friend Richel Rizal. 5 Richel accompanied Elenita to Brgy. Captain Rodolfo Enriquez who lost no time in referring the incident to the Philippine National Police in Pila, Laguna. Elenita’s statement was taken 6 and she was also brought to the Laguna Provincial Hospital for medical examination. It was found that Elenita’s "vagina admits one finger with ease at 3, 5, 7 and 9 o’clock position with old hymenal tear." 7 Elenita’s mother, Felicidad P. Lorica was informed about the incident.

    The following day or on October 21, 1997, a formal complaint for rape was filed by Elenita against accused-appellant before the Municipal Trial Court of Pila, Laguna. He was arrested on the same day. In an order dated October 27, 1997, the court furnished appellant a copy of the complaint and affidavits submitted by the complainant and directed him to appear and file his counter affidavit and those of his witnesses within ten (10) days from receipt of the order in accordance with Section 3 (b) of Rule 112 of the 1985 Rules on Criminal Procedure.

    On November 20, 1997, finding reasonable ground to hold accused-appellant for trial, an Information was forthwith filed before the Regional Trial Court of Sta. Cruz, Laguna, the fallo of which reads:jgc:chanrobles.com.ph

    "That on or about October 20, 1997 at Brgy. Linga, Municipality of Pila, province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused with lewd design and by means of force and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge with his daughter, ELENITA P. LORICA, a thirteen-year old girl, against her will and consent, to her damage and prejudice." 8

    Upon arraignment, Accused-appellant, assisted by counsel, pleaded not guilty. Thereafter, trial ensued.

    Accused-appellant denied having raped his daughter Elenita claiming that on the date in question he was working at the pet store of Roderick Ravellas in Brgy. Labuin, Pila, Laguna up to 10 o’clock in the evening. Thereafter, he proceeded to Lando Sultan’s house at Victoria, Laguna to cook kalamay and stayed there till 7 o’clock the following morning.

    On September 18, 1998, the trial court rendered judgment, finding the accused-appellant guilty beyond reasonable doubt of the crime charged and sentenced him to suffer the supreme penalty of death and to pay private complainant P50,000.00 as civil indemnity; P50,000.00 as moral damages; and P50,000.00 as exemplary damages. 9

    Hence, this automatic review.

    In assailing the trial court’s decision accused-appellant argues that the prosecution failed to establish his guilt beyond reasonable doubt. He claims that the testimony of the private complainant is wanting in details as to how the imputed rape was committed, and that the prosecution, in fishing for incriminating information, proceeded by propounding a leading question which assumed that appellant did not insert his organ into the private complainant before the latter could be given the chance to even report on this point.

    We find such argument without merit.

    When Elenita testified that she had been raped, she says in effect all that is necessary to show that the rape has been committed. 10 Contrary to the allegations of the accused-appellant, Elenita was able to recall the material details of the several assaults on her honor. In court, she narrated said ordeal:jgc:chanrobles.com.ph

    "TRIAL PROSECUTOR:jgc:chanrobles.com.ph

    "Q: Please tell us how your father raped you at Brgy. Linga, Pila, Laguna, what did he do to you at first?

    "A: My mother was not in the house on the date my father raped me.

    "COURT:jgc:chanrobles.com.ph

    "Q: Did the Court get you right when you stated that your father raped you?

    "A: Yes, Your Honor.

    "Q: When you said your father Virgilio Lorica raped you, what did he do to you?

    "A: My mother was not in the house, my father called me and he raped me, Your Honor.

    "TRIAL PROSECUTOR:jgc:chanrobles.com.ph

    "Q: Did he touch any part of your body?

    "A: Yes, sir.

    "Q: What part of your body?

    "A: He first touched my thighs, sir.

    "Q: Did he kiss you?

    "A: Yes, sir.

    "Q: In what part of your body did he kiss you?

    "A: On my lips, sir.

    "Q: How about on your neck?

    "A: Yes, sir.

    "Q: On your cheeks?

    "A: Yes, sir.

    "Q: After kissing your lips, your cheeks and your neck, what did he do next? (Witness reluctant to answer)

    "COURT:jgc:chanrobles.com.ph

    "Q: Aside from kissing your lips, cheeks and neck, what else if any did your father do to you? (Witness reluctant to answer)

    "TRIAL PROSECUTOR:jgc:chanrobles.com.ph

    "Q: What did he do to your vagina, if any?

    "A: Yes, sir.

    "Q: Please tell us what did he do?

    "A: Yes, sir, he did something.

    "Q: Did he touch it or insert something on it?

    "A: Yes, sir, he touched it." 11

    x       x       x


    "Q: During the last hearing, you said that your father inserted something in your vagina, am I correct?

    "A: Yes, sir.

    "Q: Please tell the Court what he inserted in your vagina?

    "A: His penis, sir.

    "Q: How many times did he insert his penis in your vagina?

    "A: Twice, sir.

    "Q: Do you know how to count?

    "A: No, sir.

    "Q: So, it would be more than two times that your father inserted his penis inside your vagina?

    "A: Several times, sir.

    "Q: Now, you said he inserted first his penis in your vagina when you were still in Quezon, am I correct?

    "A: Yes, sir. We were still in Quezon when he used to do that to me.

    "Q: And when you were already staying in Brgy. Linga, Pila, Laguna, he again inserted his penis?

    "A: Yes, sir.

    "Q: And please tell us where did it happen when you were already in Linga, in what place?

    "A: In the house at Linga, sir.

    "Q: In whose house was that?

    "A: The house we rent, sir.

    "Q: What did you feel when he inserted his penis inside your vagina, when you were already at Linga.

    "A: It hurt, sir

    "Q: Why?

    "A: He inserted it into mine, sir.

    "Q: Now what did you do, if any, when he inserted his penis inside your vagina?

    "A: I shouted but he covered my mouth.

    "Q: Can you tell us how many times he inserted his penis in your vagina when you were already staying in Brgy. Linga, Pila, Laguna?

    "A: Also, several times, sir.

    "Q: Now, on October 20, 1997, can you recall, more or less, what time did he insert his penis?

    "A: It was noon time and in the afternoon, sir.

    "Q: Who were in your house when he inserted his penis?

    "A: I was the only one inside the house, sir.

    "Q: How about your younger sister, where was she?

    "A: Playing outside our house, sir.

    "Q: Did you ask your father why he inserted his penis in your vagina?

    "A: No, sir.

    "Q: Did your father threaten you when he inserted his penis?

    "A: Yes, sir. Whenever I tried to shout, he threatened me, he would kill me." 12

    Elenita cannot be expected to remember every ugly detail of the appalling outrage especially so since she might in fact have been trying to forget them. 13 Total recall should not be expected, especially if it is the victim herself on the witness stand. 14 Moreover, Elenita’s seemingly hostile attitude when she testified in court is understandable. Elenita, has barely reached puberty, she is young, immature, unschooled and ignorant. We cannot judge her by the norms of behavior expected from mature women. 15 Besides, leading questions are found to be necessary in cases where there is difficulty in getting direct and intelligent answers from a witness who, by reason of tender years or old age, is ignorant, immature, uneducated, confused and terrified.

    In fine, we give credence to Elenita’s testimony. Her account of the rape on October 20, 1997 is enough to prove accused-appellant’s guilt. No woman, especially of tender age, such as the private complainant in this case, would concoct a story of defloration, allow an examination of her private parts, and thereafter pervert herself by being subjected to a public trial if she was not motivated solely by the desire to have the culprit apprehended and punished. 16 Considering the inbred modesty and antipathy of a Filipina in airing public, things that affect her honor, it is hard to conceive that the complainant would assume and admit the ignominy she had undergone if it were not true. 17

    Accused-appellant likewise asserts that the death penalty cannot be imposed on him on the ground that the prosecution failed to establish the age of the victim beyond reasonable doubt. The prosecution failed to present the birth certificate of the private complainant and that the sworn statement of Felicidad P. Lorica that private complainant was born on March 23, 1984, is hearsay considering that Felicidad Lorica never testified in court.

    We find the contention meritorious.

    In cases where the victim is alleged to be a minor, it is essential that independent proof of the actual age of the rape victim be given as to remove any iota of doubt that the victim is indeed under 18 years of age as to fall under the qualifying circumstances enumerated in Republic Act 7659. 18 In other words, the minority of the victim must be proved with equal certainty and clearness as the crime itself. Otherwise, failure to sufficiently establish the victim’s age is fatal and consequently bars conviction for rape in its qualified form. 19

    In the case at bar, the prosecution failed to present Elenita’s birth certificate or any other official document or record to show just how old she really is. Elenita’s testimony that she was only 13 years old when accused-appellant raped her is not sufficient evidence to prove her true age. Also, the sworn statement of Felicidad Lorica, Elenita’s mother, stating that Elenita was born on March 23, 1984, cannot be given evidentiary value considering that the allegations contained therein were never testified to by the affiant and hence are self-serving and purely hearsay.

    Thus, having failed to establish the minority of the complainant, this Court is impelled to hold accused-appellant liable of simple rape only, and to reduce the penalty imposed by the trial court to reclusion perpetua. However, we affirm the trial court’s award of P50,000.00 civil indemnity; P50,000.00 moral damages and P25,000.00 exemplary damages.

    In rape cases, the award of civil indemnity ex delicto is mandatory upon the finding of the fact of rape. 20 Moral damages are automatically awarded to the victim without the need of pleading or proof, as the mental, physical and psychological trauma suffered by the victim is too obvious. 21 Exemplary damages is awarded to deter fathers with similar perverse tendencies or aberrant sexual behavior from sexually abusing their own daughters. 22

    WHEREFORE, premises considered, the appealed decision finding appellant VIRGILIO LORICA guilty of rape and ordering him to pay private complainant Elenita P. Lorica P50,000.00 as civil indemnity and P50,000.00 as moral damages is hereby AFFIRMED, with the MODIFICATION that the death penalty imposed and the P50,000.00 awarded as exemplary damages are REDUCED to reclusion perpetua and P25,000.00, respectively.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

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

    Endnotes:



    1. TSN, February 17, 1998, pp. 3-5.

    2. TSN, February 18, 1998, p. 24.

    3. TSN, February 18, 1998, p. 16.

    4. TSN, February 18, 1990, pp. 16-18.

    5. TSN, February 8, 1998, pp. 25-26.

    6. Exhibit "E" dated October 21, 1998.

    7. TSN, February 3, 1998, p. 4; Exhibit. "B", p. 11, Record.

    8. p. 2, Records.

    9. RTC Decision p. 12.

    10. People v. Caballes, 199 SCRA 152 [1991].

    11. TSN, February 17, 1998, pp. 6-7.

    12. TSN, February 18, 1998, pp. 16-18.

    13. People v. Butron, 272 SCRA 352 [1997].

    14. People v. Mandap, 244 SCRA 457 [1995].

    15. People v. Remoto, 244 SCRA 506 [1995].

    16. People v. Dado, 244 SCRA 655 [1995]; People v. Guibao, 217 SCRA 64 [1993]; People v. Derpo, 168 SCRA 447 [1988]; People v. Selfaison, 1 SCRA 235 [1961] cited in People v. Taneo, 284 SCRA 251, 269 [1998].

    17. People v. Eclarinal, 182 SCRA 106 [1990]; People v. Grefiel, 215 SCRA 596 [1992].

    18. People v. Cula, 329 SCRA 106 [2000].

    19. People v. Javier, 311 SCRA 126, 141 [2000].

    20. People v. Pili, 289 SCRA 118 [1998]; People v. Guiwan, 331 SCRA 70 [2000].

    21. People v. Alba, 305 SCRA 811, 831 [1999]; People v. Paredes, 293 SCRA 411, 430 [1998]; People v. Victor, 292 SCRA 186, 200-201 [1998].

    22. People v. Matrimonio, 215 SCRA 613 [1992].

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


    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