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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
 

   
October-2001 Jurisprudence                 

  • G.R. No. 137841 October 1, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CHUA

  • G.R. No. 117512 October 2, 2001 - REBECCA ALA-MARTIN v. HON. JUSTO M. SULTAN

  • G.R. No. 120098 October 2, 2001 - RUBY L. TSAI v. HON. COURT OF APPEALS EVER TEXTILE MILLS

  • G.R. No. 124037 October 2, 2001 - PEOPLE OF THE PHILIPPINES v. REYNALDO DE GUZMAN

  • G.R. No. 126592 October 2, 2001 - ROMEO G. DAVID v. JUDGE TIRSO D.C. VELASCO, ET AL.

  • G.R. No. 129900 October 2, 2001 - JANE CARAS y SOLITARIO v. HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES

  • G.R. No. 133000 October 2, 2001 - PATRICIA NATCHER petitioner v. HON. COURT OF APPEALS AND THE HEIRS OF GRACIANO DEL ROSARIO-LETICIA DEL ROSARIO

  • G.R. No. 133895 October 2, 2001 - ZENAIDA M. SANTOS v. CALIXTO SANTOS, ET AL.

  • G.R. Nos. 135522-23 October 2, 2001 - PEOPLE OF THE PHIL. v. AMORSOLO G. TORRES

  • G.R. No. 137777 October 2, 2001 - THE PRESIDENTIAL AD-HOC FACT FINDING COMMITTEE, ET AL. v. THE HON. OMBUDSMAN ANIANO DESIERTO, ET AL.

  • G.R. No. 138322 October 2, 2001 - GRACE J. GARCIA v. REDERICK A. RECIO

  • G.R. No. 138929 October 2, 2001 - PEOPLE OF THE PHIL. v. FLORENTINO DEL MUNDO

  • G.R. No. 139050 October 2, 2001 - REPUBLIC OF THE PHILIPPINES v. THE COURT OF TAX APPEALS and AGFHA

  • G.R. No. 142877 October 2, 2001 - JINKIE CHRISTIE A. DE JESUS and JACQUELINE A. DE JESUS v. THE ESTATE OF DECEDENT JUAN GAMBOA DIZON

  • G.R. No. 125081 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. REMEDIOS PASCUA

  • G.R. No. 128195 October 3, 2001 - ELIZABETH LEE and PACITA YULEE v. REPUBLIC OF THE PHILIPPINES

  • G.R. Nos. 128514 & 143856-61 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. NILO LEONES

  • G.R. Nos. 142602-05 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. BONIFACIO ARIOLA

  • A.M. No. 01-6-192-MCTC October 5, 2001 - Request To Designate Another Judge To Try And Decide Criminal Case No. 3713

  • A.M. No. RTJ-01-1610 October 5, 2001 - ATTY. EDGAR H. TALINGDAN v. JUDGE HENEDINO P. EDUARTE

  • G.R. No. 124498 October 5, 2001 - EDDIE B. SABANDAL v. HON. FELIPE S. TONGCO Presiding Judge

  • G.R. No. 127441 October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS

  • G.R. No. 130499 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. PAMFILO QUIMSON @ "NOEL QUIMSON

  • G.R. No. 130962 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE REAPOR y SAN JUAN

  • G.R. No. 131040 October 5, 2001 - PEOPLE OF THE PHIL. v. MICHAEL FRAMIO SABAGALA

  • G.R. No. 132044 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO @ Tony EVANGELISTA Y BINAY

  • G.R. No. 132718 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE CASTILLON III and JOHN DOE

  • G.R. Nos. 135452-53 October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA

  • G.R. No. 139760 October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS

  • G.R. No. 144189 October 5, 2001 - R & M GENERAL MERCHANDISE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121948 October 8, 2001 - PERPETUAL HELP CREDIT COOPERATIVE v. BENEDICTO FABURADA

  • G.R. No. 123075 October 8, 2001 - PEOPLE OF THE PHIL. v. PEDRO L. NUELAN

  • G.R. No. 129926 October 8, 2001 - PEOPLE OF THE PHIL. v. NOLE M. ZATE

  • G.R. No. 137599 October 8, 2001 - PEOPLE OF THE PHILIPPINES v. GILBERT BAULITE and LIBERATO BAULITE

  • G.R. No. 138941 October 8, 2001 - AMERICAN HOME ASSURANCE COMPANY v. TANTUCO ENTERPRISES

  • G.R. No. 141297 October 8, 2001 - DOMINGO R. MANALO v. COURT OF APPEALS (Special Twelfth Division) and PAIC SAVINGS AND MORTGAGE BANK

  • A.M. No. 01-9-246-MCTC October 9, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ALIPIO M. ARAGON

  • G.R. No. 138886 October 9, 2001 - PEOPLE OF THE PHILIPPINES v. SP01 WILFREDO LEAÑO SP01 FERDINAND MARZAN SPO1 RUBEN B. AGUSTIN SP02 RODEL T. MADERAL * SP02 ALEXANDER S. MICU and SP04 EMILIO M. RAMIREZ

  • G.R. No. 141182 October 9, 2001 - HEIRS OF PEDRO CUETO Represented by ASUNCION CUETO v. HON. COURT OF APPEALS (SPECIAL FORMER FIRST DIVISION) and CONSOLACION COMPUESTO

  • A.M. No. 99-12-03-SC October 10, 2001 - RE: INITIAL REPORTS ON THE GRENADE INCIDENT THAT OCCURRED AT ABOUT 6:40 A.M. ON DECEMBER 6, 1999

  • G.R. No. 129313 October 10, 2001 - SPOUSES MA. CRISTINA D. TIRONA and OSCAR TIRONA v. HON. FLORO P. ALEJO as Presiding Judge

  • G.R. Nos. 135679 & 137375 October 10, 2001 - PEOPLE OF THE PHILIPPINES v. GODOFREDO RUIZ

  • G.R. No. 136258 October 10, 2001 - PEOPLE OF THE PHIL. v. CARLOS FELICIANO

  • A.M. No. 2001-9-SC October 11, 2001 - DOROTEO IGOY v. GILBERT SORIANO

  • A.M. No. RTJ-99-1485 October 11, 2001 - TEOFILO C. SANTOS v. JUDGE FELICIANO V. BUENAVENTURA

  • G.R. No. 80796 & 132885 October 11, 2001 - PROVINCE OF CAMARINES NORTE v. PROVINCE OF QUEZON

  • G.R. No. 118387 October 11, 2001 - MARCELO LEE v. COURT OF APPEALS and HON. LORENZO B. VENERACION and HON. JAIME T. HAMOY

  • G.R. Nos. 123913-14 October 11,2001

    PEOPLE OF THE PHIL. v. PABLO CALLOS

  • G.R. No. 130415 October 11, 2001 - PEOPLE OF THE PHILIPPINES v. ALVIN YRAT y BUGAHOD and RAUL JIMENA, ET AL.

  • G.R. No. 130562 October 11, 2001 - Brigida Conculada v. Hon. Court Of Appeals

  • G.R. No. 112526 October 12, 2001 - STA. ROSA REALTY DEVELOPMENT CORPORATION v. COURT OF APPEALS

  • G.R. No. 122710 October 12, 2001 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS and REMINGTON INDUSTRIAL SALES CORPORATION

  • G.R. Nos. 134769-71 October 12, 2001 - PEOPLE OF THE PHIL. v. ROBERTO BATION

  • G.R. No. 137843 October 12, 2001 - PEOPLE OF THE PHIL. v. EDUARDO S. AÑONUEVO

  • G.R. No. 139904 October 12, 2001 - PEOPLE OF THE PHIL. v. CONRADO MERCADO

  • G.R. No. 136470 October 16, 2001 - VENANCIO R. NAVA v. COMMISSION ON AUDIT

  • G.R. No. 140794 October 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO T. AGLIDAY

  • A.M. No. P-00-7-323-RTJ October 17, 2001 - RE: RELEASE BY JUDGE MANUEL T. MURO, RTC, BRANCH 54 MANILA, OF AN ACCUSED IN A NON-BAILABLE OFFENSE

  • A.M. No. P-00-1419 October 17, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MAGDALENA G. MAGNO

  • A.M. No. RTJ-97-1390 & AM RTJ-98-1411 October 17, 2001 - ATTY. CESAR B. MERIS v. JUDGE CARLOS C. OFILADA

  • G.R. No. 123137 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. PO2 ALBERT ABRIOL

  • G.R. No. 124513 October 17, 2001 - ROBERTO ERQUIAGA v. HON. COURT OF APPEALS

  • G.R. No. 127540 October 17, 2001 - EUGENIO DOMINGO v. HON. COURT OF APPEALS

  • G.R. No. 127830 October 17, 2001 - MANOLET LAVIDES v. ERNESTO B. PRE

  • G.R. No. 129069 October 17, 2001 - PEOPLE OF THE PHIL. v. JULIO R. RECTO

  • G.R. No. 129236 October 17, 2001 - PEOPLE OF THE PHIL. v. RAYMUNDO G. DIZON

  • G.R. No. 129389 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. TEODORICO UBALDO

  • G.R. Nos. 132673-75 October 17, 200

    PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ

  • G.R. No. 136291 October 17, 2001 - LETICIA M. MAGSINO v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 136869 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. DENNIS MAZO

  • G.R. No. 141673 October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.

  • G.R. No. 142726 October 17, 2001 - PEOPLE OF THE PHIL. v. APOLONIO ACOSTA

  • G.R. No. 143190 October 17, 2001 - ANTONIO P. BELICENA v. SECRETARY OF FINANCE

  • G.R. No. 143990 October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS

  • G.R. Nos. 121039-45 October 18, 2001 - THE PEOPLE OF THE PHILIPPINES v. MAYOR ANTONIO L. SANCHEZ

  • G.R. No. 132869 October 18, 2001 - GREGORIO DE VERA v. COURT OF APPEALS

  • G.R. No. 143486 October 18, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO DUMAGAY TUADA

  • G.R. No. 144735 October 18, 2001 - YU BUN GUAN v. ELVIRA ONG

  • G.R. No. 116285 October 19, 2001 - ANTONIO TAN v. COURT OF APPEALS and the .C.C.P

  • G.R. Nos. 121201-02 October 19, 2001 - THE PEOPLE OF THE PHILIPPINES plaintiff-appellee v. GIO CONCORCIO @ JUN

  • G.R. No. 129995 October 19, 2001 - THE PROVINCE OF BATAAN v. HON. PEDRO VILLAFUERTE

  • G.R. No. 130730 October 19, 2001 - HERNANDO GENER v. GREGORIO DE LEON and ZENAIDA FAUSTINO

  • G.R. No. 133002 October 19, 2001 - PEOPLE OF THE PHILIPPINES v. INTOY GALLO @ PALALAM

  • G.R. No. 137904 October 19, 2001 - PURIFICACION M. VDA. DE URBANO v. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)

  • A.M. No. 99-12-497-RTC October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN

  • G.R. No. 121267 October 23, 2001 - SMITH KLINE & FRENCH LABORATORIES v. COURT OF APPEALS, ET AL.

  • G.R. No. 124036 October 23, 2001 - FIDELINO GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124295 October 23, 2001 - JUDGE RENATO A. FUENTES v. OFFICE OF THE OMBUDSMAN-MINDANAO

  • G.R. No. 125193 October 23, 2001 - MANUEL BARTOCILLO v. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES

  • G.R. No. 130846 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROGELIO PAMILAR y REVOLIO

  • G.R. No. 131841 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. RUBEN VILLARMOSA

  • G.R. No. 132373 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. TIRSO ARCAY @ "TISOY" and TEODORO CLEMEN @ "BOY

  • G.R. No. 134740 October 23, 2001 - IRENE V. CRUZ v. COMMISSION ON AUDIT

  • G.R. No. 135481 October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 136105 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO PAREDES y SAUQUILLO

  • G.R. No. 136337 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. NELSON CABUNTOG

  • G.R. No. 139114 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROMAN LACAP Y CAILLES

  • G.R. No. 139274 October 23, 2001 - QUEZON PROVINCE v. HON. ABELIO M. MARTE

  • G.R. No. 139329 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ERLINDO MAKILANG

  • G.R. Nos. 140934-35 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. CONDE RAPISORA y ESTRADA

  • A.M. No. RTJ-01-1634 October 25, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. SILVERIO Q. CASTILLO

  • G.R. No. 102367 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ABUNDIO ALBARIDO and BENEDICTO IGDOY

  • G.R. No. 126359 October 25, 2001 - PEOPLE OF THE PHIL v. CARLITO OLIVA

  • G.R. No. 127465 October 25, 2001 - SPOUSES NICETAS DELOS SANTOS v. COURT OF APPEALS

  • G.R. No. 133102 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. DINDO AMOGIS y CRINCIA

  • G.R. Nos. 134449-50 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PEDRO HERNANDEZ y PALMA

  • G.R. No. 135813 October 25, 2001 - FERNANDO SANTOS v. Spouses ARSENIO and NIEVES REYES

  • G.R. No. 135822 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL

  • G.R. Nos. 137494-95 October 25, 2001 - THE PEOPLE OF THE PHILIPPINES v. SOTERO REYES alias "TURING"

  • G.R. Nos. 142741-43 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ROMEO MANAYAN

  • A.M. No. P-01-1474 October 26, 2001 - ANTONIO C. REYES v. JOSEFINA F. DELIM

  • G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA

  • G.R. Nos. 121492 & 124325 October 26, 2001 - BAN HUA UY FLORES v. JOHNNY K.H. UY

  • G.R. No. 132169 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. SANICO NUEVO @ "SANY

  • G.R. No. 133741-42 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. LINO VILLARUEL

  • G.R. No. 134802 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RENATO Z. DIZON

  • G.R. No. 135920 October 26, 2001 - ENCARNACION ET AL. v. SEVERINA REALTY CORPORATION

  • G.R. No. 140719 October 26, 2001 - NICOLAS UY DE BARON v. COURT OF APPEALS

  • G.R. No. 140912 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO DIAZ Y SEVILLETA

  • G.R. No. 141540 October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO

  • G.R. No. 143231 October 26, 2001 - ALBERTO LIM v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 144237 October 26, 2001 - WINSTON C. RACOMA v. MA. ANTONIA B. F. BOMA

  • G.R. Nos. 146319 & 146342 October 26, 2001 - BENJAMIN E. CAWALING v. THE COMMISSION ON ELECTIONS

  • G.R. No. 146593 October 26, 2001 - UNITED COCONUT PLANTERS BANK v. ROBERTO V. ONGPIN

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    G.R. Nos. 135452-53   October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 135452-53. October 5, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. IRENEO ALCOREZA y MARCELINO, Accused-Appellant.

    D E C I S I O N


    PUNO, J.:


    Barely in their teens, MARY JOY MANILA and ESTRELA MANILA experienced repeated sexual molestation in the hands of their stepfather — the man who was supposed to secure their future and protect them from harm. They bore their sufferings in silence. After agonizing for several years over the unceasing sexual assaults, the girls finally found the courage to reveal their sad fate to their mother who merely turned a deaf ear and a blind eye.chanrob1es virtua1 1aw 1ibrary

    Accused IRENEO ALCOREZA y MARCELINO was charged with rape by his 14-year old stepdaughter ESTRELLA MANILA and two (2) counts of statutory rape by his 11-year old stepdaughter MARY JOY MANILA.

    He was charged in an Information in Criminal Case No. 388-M-98, 1 thus:jgc:chanrobles.com.ph

    "That on or about the 28th day of October, 1996, in the municipality of Sta. Maria, province of Bulacan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused did then and there wilfully, unlawfully and feloniously, by means of force, intimidation and with lewd design have carnal knowledge of his stepdaughter, Estrella Manila, 14 years of age, against her will and without her consent.

    "Contrary to law."cralaw virtua1aw library

    Except for the date, the two (2) Informations 2 for statutory rape (Criminal Case No. 401-M-98 and Criminal Case No. 402-M-98) similarly charged the accused, thus:jgc:chanrobles.com.ph

    "That on or about the 21st (and 27th) day of September, 1997, in the municipality of Sta. Maria, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did then and there wilfully, unlawfully and feloniously, by means of force, intimidation and with lewd design have carnal knowledge of his stepdaughter, Mary Joy Manila, 11 years of age, against her will and without her consent.chanrob1es virtua1 1aw 1ibrary

    "Contrary to law."cralaw virtua1aw library

    The prosecution evidence disclose that MELITA GONZALES y ALCOREZA bore five children in her marriage to Benito Manila, Sr., namely: Fernanda, Estrella, Elena, Mary Joy and Benito, Jr. After her husband died, Melita married accused IRENEO ALCOREZA.

    On September 21, 1997, at about 7:00 a.m., 11-year old MARY JOY was left in their house with the accused. Her siblings were then in church. The accused called Mary Joy into the bedroom. When she entered, Accused wasted no time and forcibly took off her shorts and panty. He then removed his shorts. He pushed Mary Joy on the bed and mounted her. He kissed and embraced her and inserted his penis into her organ. She wriggled in pain. She desperately tried to extricate herself from underneath the accused but could not resist his lecherous advances as his heavy weight pinned her on the bed. She could not shout as the accused threatened to kill her if she did. All she could do was cry. After satisfying his lust, the accused removed his penis. Mary Joy felt a mucus-like, slippery substance come out of the accused’s organ. 3

    Barely a week later, on September 27, 1997, at about noon, Mary Joy again found herself alone in the house with the accused. Her siblings attended a funeral, while her mother was in the poblacion working as a manicurist. The accused called Mary Joy into the bedroom. When she entered the room, the accused approached her and took off her shorts and panty. He laid her down, hurriedly took off his clothes and kissed her. When the accused mounted her, his penis touched her organ but he failed to insert it as he heard her 8-year old brother, Benito, arrive. The accused immediately pushed her away and put on his clothing. Benito, however, still saw Mary Joy naked on the bed. Appalled, Benito immediately ran away. Mary Joy could only cry while putting back her undies. Before the accused left, he warned her that if anyone should ask, she should never reveal what he did to her.

    The following day, September 28, 1997, after the accused left their house, Mary Joy sought the assistance of her sister Fernanda and revealed to her the sexual ordeal she suffered in the hands of the accused. Fernanda then accompanied Mary Joy to the house of their grandfather BENITO GONZALES. Benito proceeded to Mary Joy’s house to confront the accused but the latter was nowhere to be found. Benito accompanied Mary Joy to the police station where they executed their statement. The next day, September 29, 1997, they were referred to the provincial hospital for physical examination. Benito then assisted Mary Joy in filing his complaint with the MTC of Sta. Maria, Bulacan. 4

    When they returned to the house, Benito learned that the accused had also been molesting his other granddaughter ESTRELLA MANILA since the latter was eight years old. Her story of sexual abuse: On October 28, 1996, at about 10:00 p.m., Estrella was sleeping in their bedroom together with her 3 siblings: Benito, Jr. (then 8 yrs. old), Elena (15 years old) and Mary Joy. They kept their bedroom door open as the accused forbade them to lock it. Suddenly, Estrella sensed the presence of the accused in their room when he laid down beside her. She was then an arm’s length away from her siblings who were also sleeping. Fear swept her body. She tried to tinker with the door to call the attention of Melita, her mother, who was sleeping in the next room. This angered the accused. He kicked Estrella and warned her not to make a noise. The accused then repeatedly tried to remove her shirt and lower her shorts but she resisted. The movement awakened Melita who was sleeping in the other room. Sensing that he might be caught, the accused hurriedly stood up. Melita then entered the bedroom and asked the accused what he was doing there. The accused got mad and they quarrelled. In the heat of their argument, Melita threatened to sue the accused. When Estrella revealed to Melita that the accused had been molesting her since she was eight, Melita refused to believe her. Instead, Melita directed Estrella not to tell her siblings about her ordeal.chanrob1es virtua1 1aw 1ibrary

    Estrella turned to her grandfather Benito for help as Melita did not make good her threat to report the rape incidents to the police authorities. Estrella also learned that the accused was also raping her younger sister Mary Joy. 5 Benito assisted Estrella in filing a complaint for rape and accompanied her to the hospital for medical examination.

    As per the letter-request of the Sta. Maria police station, DR. MANUEL AVES, the medico-legal officer of the Bulacan Provincial Hospital, conducted a gynecological examination of Mary Joy and Estrella. His examination revealed that both Mary Joy and Estrella were in a non-virgin state. Mary Joy had a healed laceration and abrasion on her hymen while Estrella’s hymen sustained 4 healed lacerations. 6

    The accused, a 49-year old jeepney dispatcher, simply denied the rape charges of Estrella. He claimed that on October 28, 1996, at about 10:00 p.m., he was sleeping with his wife in their house, while Estrella and her siblings were sleeping in the other room. Nothing unusual happened that night. 7 He claimed that the alleged victims could have filed the cases against him as he would spank them once in a while. He theorized that Benito Gonzales, Melita’s father, could have also plotted against him and used his granddaughters to file trump up charges of rape. He alleged that Benito was opposed to his marriage to Melita as he was poor. It could also be that Benito harbored ill-feelings against him when ceased to give him financial support.

    As to the rape charge of Mary Joy, the accused proffered an alibi. He claimed that on September 21, 1997, he was out of the house collecting funeral contributions from the jeepney drivers to be given to one of their members. 8

    The defense presented the accused’s wife, MELITA GONZALES y ALCOREZA, to the stand. She disclaimed knowledge about the sexual assaults on Mary Joy as she was not in their house on those two dates. Mary Joy did not approach her or ask her help in filing the case. She came to know about Mary Joy’s rape charges only after the complaint was filed in court. However, Estrella confided to her that the accused had been molesting her. She was shocked by the revelation. Her daughters then sought the assistance of her father Benito in filing the complaint. She did not intervene and left the matter to her parents. Neither did she try to dissuade her daughters from filing the cases. She did not talk to her husband or do anything to help him after he was incarcerated. She could not think of any reason that could have motivated her daughters to file the rape charges against the accused. 9

    After the trial, the court a quo rendered judgment finding the accused guilty only of attempted rape in the case of Estrella and sentenced him to an indeterminate penalty. However, on the two counts of statutory rape filed by Mary Joy, the accused was found guilty and sentenced to suffer the supreme penalty of death. The dispositive portion reads: 10

    "WHEREFORE, all premises considered, in Criminal Case No. 388-M-98, the Court resolves that the prosecution has failed to establish the guilt of accused Ireneo Alcoreza Y Marcelino for consummated Rape. He is, however, found Guilty of Attempted Rape. With the application of the Indeterminate Sentence Law, said accused is hereby sentenced to suffer the indeterminate prison term of ten (10) years and one (1) day of prision mayor as maximum to fifteen (15) years of reclusion temporal/medium.

    Inasmuch as the civil aspect of this case is deemed to be instituted in this case, the accused is further directed to indemnify the complainant Estrella Manila in the amount of P25,000.00 as moral damages.chanrob1es virtua1 1aw 1ibrary

    x       x       x


    In both Criminal Cases Nos. 401-M-98 and 402-M-98, the Court resolves that the prosecution has successfully undertaken its burden to prove the guilt of accused Ireneo Alcoreza Y Marcelino beyond reasonable doubt. For having violated Article 335 of the Revised Penal Code, as amended by Republic Act 7659 with the attendant circumstance that "the victim is under eighteen (18) years of age and the offender is . . . stepfather, . . . or the common-law spouse of the parent of the victim," the accused Ireneo Alcoreza Y Marcelino is hereby found guilty of the crime of Statutory Rape as charged. By virtue hereof, in both these cases, he is sentenced to suffer the supreme penalty of Death by lethal injection.

    In line with established jurisprudence, the said accused is hereby ordered to indemnify the offended party Mary Joy Manila in the sums of P50,000.00 for moral damages in each of the two cases.

    With costs against the accused.

    SO ORDERED." 11 (Emphasis supplied)

    On automatic appeal, the appellant assigns the following errors:chanrob1es virtual 1aw library

    I


    THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FINDING THE ACCUSED GUILTY OF STATUTORY RAPE IN CRIMINAL CASES NO. 401-M-98 AND 402-M-98 AND ATTEMPTED RAPE IN CRIMINAL CASE NO. 388-M-98 DESPITE THE INSUFFICIENCY OF EVIDENCE TO WARRANT CONVICTION BEYOND REASONABLE DOUBT.chanrob1es virtua1 1aw 1ibrary

    II


    THE TRIAL COURT GRAVELY ERRED IN IMPOSING THE DEATH PENALTY DESPITE THE ERRONEOUS ALLEGATION OF THE QUALIFYING CIRCUMSTANCE OF RELATIONSHIP IN THE INFORMATION.

    We shall discuss the two issues jointly.

    On the charge of statutory rape committed on September 21, 1997 (Criminal Case No. 401-M-98), appellant contends that Mary Joy’s testimony is far from credible. He points out that during her direct testimony, Mary Joy declared that the accused forced her to lie down on the floor but changed her story on cross-examination and said she was made to lie down on the bed. Appellant also charges that her testimony regarding the rape incident on said date was sketchy as she merely declared that the accused "tried to push inside my private part his penis." chanrob1es virtua1 1aw 1ibrary

    We disagree. The alleged inconsistency in the testimony of Mary Joy regarding the September 21, 1997 rape incident is too flimsy and trivial to merit serious consideration. Indeed, it is not unnatural to find minor discrepancies in the testimony of a rape victim, especially that of a child. She cannot be expected to remember every minute detail of her ordeal. Going over the records, we find her recount of the sexual assault clear, brief and convincing. It had a ring of truth that can come only from the lips of an innocent child victim. Thus:jgc:chanrobles.com.ph

    "Q. On September 21, 1997, between 7:00 and 8:00 A.M., do you remember your whereabouts?

    A. I was at home, sir.

    Q. Did you have companions in your house at that time?

    A. None, I was alone with my stepfather, sir.

    Q. Can you tell us why your stepfather was there? Was he not working at that time?chanrob1es virtua1 1aw 1ibrary

    A. No, sir.

    x       x       x


    Q. While you were alone together with your stepfather on that date and time in your house in Parada, was there any unusual incident that happened?

    A. Yes, sir.

    Q. What was the unusual incident that happened?

    A. He called me and told me to undress, sir.

    Q. Were you not in school on that date?

    A. It was a Saturday, sir.

    Q. Who called you and told you to undress?

    A. My stepfather, sir.

    Q. And did you oblige?chanrob1es virtua1 1aw 1ibrary

    A. No, he forced me, sir.

    Q. How did your stepfather force you?

    A. He was the one who removed my dress, sir.

    Q. What were you wearing that time?

    A. I was wearing shorts and t-shirt, sir.

    Q. Did you have panty (sic) at that time?

    A. Yes, sir.

    Q. How about bra?

    A. Only sando, sir.

    Q. What were the apparel removed from you?

    A. My shorts and panty, sir.

    Q. So your sando remained (sic) with you?chanrob1es virtua1 1aw 1ibrary

    A. Yes, sir.

    Q. Where were you at that time when your stepfather removed your shorts and panty?

    A. Inside the bedroom, sir.

    Q. You said that it was a Saturday, where were your other siblings?

    A. They went to church, sir.

    Q. How about your mother?

    A. My siblings attended a funeral while my mother is in Poblacion, sir.

    Q. After your stepfather removed your shorts and panty, what did he do?

    A. He went on top of me and kissed me, sir.chanrob1es virtua1 1aw 1ibrary

    x       x       x


    Q. How about your stepfather, what was he wearing at that time?

    A. None, sir.

    x       x       x


    Q. In (sic) what moment did he remove his clothes?

    A. After undressing me, he removed his clothings, sir.

    Q. What was he wearing at that time before he removed his clothes?

    A. He was wearing only shorts, sir.

    Q. After your stepfather lie (sic) on top of your (sic), what did he do?

    A. He inserted his penis inside my private part, sir.

    Q. What did he do after inserting his penis into your private part?

    A. He was kissing me, sir.chanrob1es virtua1 1aw 1ibrary

    Q. How long did your stepfather insert his private organ into yours?

    A. I don’t know, sir.

    Q. Could it be an hour?

    A. No, sir.

    Q. How did the accused cease from abusing you that morning?

    A. He removed his penis, sir.

    Q. Did you feel anything coming out from his private organ?

    A. Yes, sir.

    Q. Will you please describe that thing that you felt which came from his private organ?

    A. It (sic) appeared like mucus and it is (sic) slippery (madulas), sir." 12

    The above-quoted testimony, coupled with the medical findings, prove beyond doubt that the appellant was able to consummate the sexual assault of his hapless victim Mary Joy. We thus find no reason to disturb the trial court’s assessment of her credibility.chanrob1es virtua1 1aw 1ibrary

    In stark contrast, appellant’s alibi that at the time of the incident he was out of the house collecting funeral contributions is vague, unsubstantiated and uncorroborated. First, he failed to mention what time he left the house that fateful day. Second, he did not present any witness to corroborate his alleged whereabouts on said date. Third, even assuming the truth of his allegation, appellant himself admitted that he was a mere three kilometers away from his house. Due to his proximity, he could have easily left his collection chores, return to his house and perpetrate the sexual assault on Mary Joy. Clearly, it was not impossible for him to have been in the locus criminis at the time of the commission of the crime. 13 Neither did the testimony of Melita help his cause. It only made clear the fact that she did nothing to assist her daughters in vindicating their honor and she left the matter completely to her parents. Neither did she lift a finger to help her husband, the appellant, during his incarceration.

    Be that as it may, the accused can be convicted only of simple statutory rape and, accordingly, the penalty of death imposed against him should be reduced to reclusion perpetua. The Information alleged that the appellant raped his 11-year old stepdaughter Mary Joy. The qualifying circumstance of minority of Mary Joy was proved beyond reasonable doubt by the presentation of her birth certificate. However, the relationship between the appellant and Mary Joy was not established with the same degree of proof. Although the prosecution established that Mary Joy was the daughter of Melita, it failed to offer the marriage contract of the appellant and Melita which would establish that Mary Joy is the stepdaughter of the appellant. The testimony of Melita and even the admission of the appellant regarding their marriage do not meet the required standard of proof. 14 The Court cannot rely on the disputable presumption that when a man and a woman live together as husband and wife, they are presumed to be married. Relationship as a qualifying circumstance in rape must not only be alleged clearly. It must also be proved beyond reasonable doubt, just as the crime itself . 15 Neither can it be argued that without the marriage contract, a common-law relationship between the appellant and Melita was still proved and this should qualify the crime at bar. To be sure, what the Information alleged is that the appellant is the stepfather of Mary Joy. It made no mention of a common-law relationship between the appellant and Melita. Hence, to convict appellant with qualified rape on the basis of the common-law relationship is to violate his right to be properly informed of the accusation against him.chanrobles.com : virtual law library

    As to the second count of statutory rape allegedly committed on September 27, 1997 against Mary Joy (Criminal Case No. 402-M-98), we find that the trial court erred in convicting the appellant of consummated rape. Mary Joy’s account of what transpired on said date clearly reveals that the appellant failed to insert his penis in her organ, thus:jgc:chanrobles.com.ph

    "Q. After undressing you, what did the accused do?

    A. He laid me down.

    Q. After you were laid down by your stepfather, what did he do?

    A. He went on top of me.

    x       x       x


    Q. After the accused laid on top of you, what did he do?

    A. He kissed me.

    Q. Was he wearing anything at that time when he placed himself on top of you?

    A. None, sir.chanrob1es virtua1 1aw 1ibrary

    Q. At what moment did he remove his clothings?

    A. After he undress (sic) me.

    Q. After the accused had laid (sic) on top of you, what did he do next?

    A. He was inserting his penis.

    Q. Did he succeed in inserting his penis in your private parts (sic)?

    A. No, sir.

    Q. How did it happen that the accused failed to insert his penis in your private organs (sic)?

    A. Because my brother arrived.

    Q. You said that the accused failed to insert, did he attempt to insert his penis in your private organ?

    A. No, sir.

    x       x       x


    Q. What did the accused do in (sic) his penis in trying (sic) to insert his penis into your private organ?chanrob1es virtua1 1aw 1ibrary

    A. It touched my private organ." 16

    The aforequoted testimony shows that the appellant failed to consummate the crime of rape as his penis merely touched Maw Joy’s organ. In People v. Campuhan, 17 the Court clarified that mere touching of the private organ of the victim should be understood "as inherently part of the entry of the penis into the labias of the female organ and not mere touching alone of the mons pubis or pudendum. . . . Thus, touching when applied to rape cases does not simply mean mere epidermal contact, stroking or grazing of organs, a slight brush or a scrape of the penis on the external layer of the victim’s vagina, or the mons pubis . . . . There must be sufficient and convincing proof that the penis indeed touched the labias or slid into the female organ and not merely stroked the external surface thereof for an accused to be convicted of consummated rape. As the labias are required to be "touched" by the penis, which are by their natural situs or location beneath the mons pubis or the vaginal surface, to touch with the penis is to attain some degree of penetration beneath the surface, hence the conclusion that touching the labia majora or minora of the pudendum constitutes consummated rape."cralaw virtua1aw library

    Applying the foregoing jurisprudence and taking into account Article 6 of the Revised Penal Code, 18 the appellant can only be convicted of attempted rape. He commenced the commission of rape by removing his clothes, undressing and kissing his victim and lying on top of her. However, he failed to perform all the acts of execution which should produce the crime of rape by reason of a cause other than his own spontaneous desistance, i.e., by the timely arrival of the victim’s brother. Thus, his penis merely touched Mary Joy’s private organ. Accordingly, as the crime committed by the appellant is attempted rape, the penalty to be imposed on him should be an indeterminate prison term of six (6) years of prision correccional as minimum to twelve (12) years of prision mayor as maximum.chanrob1es virtua1 1aw 1ibrary

    As to the rape charge of Estrella (Criminal Case No. 388-M-98), the appellant argues that the trial court erred in convicting him of attempted rape as the evidence failed to establish the elements of the crime. Appellant contends that, as per the testimony of Estrella, the appellant only got as far as raising her shirt up to her abdomen for Estrella resisted his advances and caused Melita to awaken and enter the room. As Estrella’s account of the incident showed that there was no real and immediate threat to her womanhood up to the time the appellant desisted from consummating the rape, he could not be found guilty of attempted rape.chanrob1es virtua1 1aw 1ibrary

    We agree. A careful scrutiny of the records reveals that the prosecution evidence failed to prove that rape, at whatever stage, was committed. As recounted by Estrella, the appellant surreptitiously entered her bedroom and laid down beside her. He repeatedly tried to pull down her shorts and panty but he failed as she resisted. He also tried to remove her shirt but he was able to lift it only up to her abdomen as she would lower it again. The appellant touched her private parts. These acts, as described by Estrella, are insufficient to prove that the appellant intended to have carnal knowledge of Estrella. He did not lie on top of Estrella or even made the motion of removing his underwear. In fact, he kept his clothes on during the entire time that he was in the bedroom. Neither does it appear that he tried to insert his finger or any object into the genital or anal orifice of Estrella. All that the appellant was able to do was touch her "private parts." 19 From the circumstances thus proved, the appellant can only be convicted of acts of lasciviousness.

    On a last note, appellant’s theory that Mary Joy, Estrella and Benito were motivated by ill-feelings in filing the rape charges against him does not merit serious consideration. His claim that the filing of the cases is an act of vengeance on the part of the children as he used to spank them once in a while is not persuasive. Parental punishment is never a valid reason for a victim to cry rape against the man in the house who she looks up to as her father, 20 especially where, as in this case, the victims were children who had not been exposed to worldly ways. We also find it hard to believe that Benito will utilize his grandchildren to hit back at the appellant for ceasing to give him financial support. No grandfather would expose his grandchildren to shame and humiliation were it not for the purpose of vindicating the wrong committed on them. Moreover, as explained by Benito on rebuttal, the appellant was so poor he could not have been in a position to provide him financial assistance. The appellant did not earn enough. It was Benito who even assisted the appellant in looking for jeepneys he could drive for his livelihood. Benito merely intervened in filing the rape charges as his granddaughters ran to him for assistance. 21

    IN VIEW WHEREOF, the impugned Decision is modified as follows:chanrob1es virtual 1aw library

    In Criminal Case No. 388-M-98, appellant IRENEO ALCOREZA y MARCELINO is adjudged guilty of acts of lasciviousness under Article 336 of the Revised Penal Code. He is hereby sentenced with the indeterminate penalty of six (6) months of arresto mayor as minimum to six (6) years of prision correccional as maximum, and to indemnify the victim Estrella Manila in the amount of five thousand pesos (P5,000.00) as moral damages and two thousand pesos (P2,000.00) as exemplary damages;chanrob1es virtua1 1aw 1ibrary

    In Criminal Case No. 401-M-98, the appellant is found guilty of simple statutory rape and is sentenced to suffer the penalty of reclusion perpetua and to pay the complainant Mary Joy Manila the sum of fifty thousand pesos (P50,000.00) by way of indemnity, the additional sum of fifty thousand pesos (P50,000.00) as moral damages and twenty-five thousand pesos (P25,000.00) as exemplary damages; and

    In Criminal Case No. 402-M-98, the appellant is found guilty of attempted rape. He is sentenced to an indeterminate prison term of six (6) years of prision correccional as minimum to twelve (12) years of prision mayor as maximum, and to indemnify Mary Joy Manila the sum of twenty-five thousand pesos (P25,000.00) as moral damages.

    SO ORDERED.

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

    Kapunan, J., on official leave.

    Endnotes:



    1. Rollo, p. 6.

    2. Original Records, pp. 8-9.

    3. June 17, 1998 TSN, Mary Joy Manila, Original Records, pp. 44-48.

    4. June 24, 1998 TSN, Mary Joy Manila, Original Records, pp. 55-60; July 1, 1998 TSN, Mary Joy Manila, Original Records, pp. 79-88; July 13, 1998 TSN, Benito Gonzales y de Jesus, Original Records, pp. 115-121.

    5. July 6, 1998 TSN, Estrella G. Manila, Original Records, pp. 97-103.

    6. July 17, 1998 TSN, Dr. Manuel Aves, Original Records, pp. 135-139.

    7. July 22, 1998 TSN, Ireneo Alcoreza y Marcelino, Original Records, pp. 169-172.

    8. July 27, 1998 TSN, Ireneo Alcoreza y Marcelino, Original Records, pp. 178-181.

    9. August 3, 1998 TSN, Melita Gonzales y Alcoreza, Original Records, pp. 196-200.

    10. Penned by RTC Judge Cesar M. Solis, Third Judicial Region, Malolos, Bulacan, Branch 21.

    11. Rollo, pp. 66-77.

    12. June 17, 1998 TSN, Mary Joy Manila, Original Records, pp. 45-47.

    13. People v. Baybado, 335 SCRA 712 (2000).

    14. People v. Tabanggay, 334 SCRA 575 (2000).

    15. People v. Padilla, G.R. No. 137648, March 30, 2001.

    16. June 24, 1998, Mary Joy Manila, Original Records, pp. 57-58.

    17. 329 SCRA 270 (2000), citing People v. De la Peña, 233 SCRA 573 (1994).

    18. ART. 6 Consummated, frustrated, and attempted felonies.— . . .

    There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

    19. July 6, 1998 TSN, Estrella Manila, Original Records, pp. 100-102.

    20. People v. Baybado, 335 SCRA 712 (2000).

    21. August 5, 1998 TSN, Benito Gonzales on rebuttal, Original Records, pp. 206-209.

    G.R. Nos. 135452-53   October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA


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