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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

  •  





     
     

    G.R. Nos. 132673-75   October 17, 200<br /><br />PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 132673-75. October 17, 2000.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DOMINADOR GOMEZ y CANAMO, Accused-Appellant.

    D E C I S I O N


    PER CURIAM:


    Before the Court for automatic review, conformably with Article 47 of the Revised Penal Code, as amended by Section 22 of R.A. No. 7659, 1 is the joint decision dated January 26, 1998 of the Regional Trial Court of Malaybalay, Bukidnon, Branch 8, in Criminal Cases Nos. 8396-97, 8397-97, and 8398-97, finding accused-appellant Dominador Gomez y Canamo guilty of three (3) counts of rape and sentencing him to three (3) death penalties. 2

    In three separate informations, Accused-appellant Dominador Gomez y Canamo was charged with three (3) counts of rape allegedly committed sometime in July 1996, on August 5, 1996, and on August 15, 1996, against his sixteen-year old daughter Myrna Gomez (herein after referred to as Myrna), which were docketed as Criminal Cases Nos. 8396-97, 8397-97, and 8398-97, respectively.chanrob1es virtua1 1aw 1ibrary

    The informations were similarly worded, except as to the dates of the commission of the crime, as follows:jgc:chanrobles.com.ph

    "That sometime (on or about) . . ., in the evening, at Sitio Mahayag, Barangay Husayan, Municipality of Kadingilan, Province of Bukidnon, Philippines and within the jurisdiction of this Honorable Court, the above-named accused prompted with lewd design, with the use of force and intimidation upon his daughter Myrna Gomez, a 16-year old girl, did then and there wilfully, unlawfully and criminally lie beside Myrna Gomez and then removed her panty, placed himself on top of her and had sexual intercourse with Myrna Gomez against her will, to the damage and prejudice of Myrna Gomez in such amount as may be allowed by law.

    Contrary to, and in violation of, Republic Act 7659.

    Malaybalay, Bukidnon, March 25, 1997." 3

    On September 18, 1997, duly assisted by counsel, appellant Dominador Gomez entered a plea of not guilty in each of the three cases. Thereafter joint trial of the cases proceeded.

    The trial court’s summary of the evidence for the prosecution, is as follows:jgc:chanrobles.com.ph

    "Myrna Gomez was hardly 15 years old when she was allegedly raped by her father the first time in July, 1996. Her Certificate of Birth, marked Exhibit ‘C,’ states she was born on December 20, 1980.

    "Myrna testified that at about midnight, sometime in the month of July 1996, while she was sleeping inside her room, she was awakened when she felt that somebody was lying by her side and taking off her panty. Myrna immediately recognized the person to be her own father by his smell and his voice. Besides, the room was not completely dark because of the light from the moon passing through the house walling that (sic) made of sliced bamboo. Wriggling and kicking as her father mounted her, Myrna pleaded, ‘Don’t do it, pa.’ Her resistance and her plea was (sic) useless. Her father successfully consummated his bestial sexual assault upon her. Myrna could only cry after his father left the room, going back to his sleeping area at the sala of the house.chanrob1es virtua1 1aw 1ibrary

    "At that time Myrna’s mother was not home. She has been harvesting corn at barangay Mahayag and at a place called UST (for ‘Unahan sa Tulay,’ literally, ‘Farther away from the bridge’). Myrna’s room companion was her younger sister, but the latter did not notice the incident.

    "Myrna further testified that she was raped the second time by her father on August 5, 1996, at about 10:00 o’clock in the evening, in the same room at their parents’ house. The accused was even bolder this time because Myrna’s mother was at home, sleeping at the sala with her husband, the accused. Before mounting Myrna, Accused warned her not to resist or she will be mauled. And after consummating his carnal lust, he giggled and went out.

    "Continuing her testimony, Myrna told the court that her father raped her again on August 15, 1996, at about 11:00 o’clock in the evening, in the same room. Despite her usual protest, Accused had no compunction in inserting his penis into her vagina.

    "Myrna did not have the courage to tell her mother about the horrible things her father did to her. The accused had warned her not to reveal anything or she will be mauled.

    "But apparently, Myrna had confided her distress and anguish to her close friends.

    "Thus, Myrna’s aunt, Amalia M. Tania, testified that on January 29, 1997, while she was on her way to the market of Kadingilan, she happened to overhear a certain Michelle Legaspi talking to one Eugene Lapuz concerning Myrna. Michelle was quoting what Myrna said to her: ‘It’s good you are not being molested by your father. As for me, my father has been molesting me. I am now pregnant.’ Michelle is about the same age as Myrna and her neighbors. Tania was shocked but pretended not to have heard the conversation. When she returned home after her marketing, Tania reported what she had heard to her mother. She requested her to see Myrna’s parents and verify if what she heard was true. Meanwhile, Tania went back to the market looking for Eugene Lapuz. Finding Lapuz, Tania questioned her if what she heard was indeed correct. Lapuz confirmed the information she got from Michelle.

    "Upon the return of Tania’s mother from her visit to the parents of Myrna, she reported that the accused denied having raped his daughter. And even Myrna herself said she was not molested.chanrob1es virtua1 1aw 1ibrary

    "Still convinced that Myrna was indeed impregnated by her own father, Tania, with her father and mother, went to the Barangay Captain for assistance on the following day. The Barangay Captain later reported back that his own inquiries carne out negative. He was not able to get any information as to the person who may be responsible for Myna’s pregnancy. Tania was not to be pacified. Determined to go deeper into the matter, she and her parents sought the help of the police authorities. The following day February 1, the police picked up accused Dominador Gomez.

    "At the police station, Myrna finally poured out all the sexual violations her father did to her.

    "On April 2, 1997, Myrna Gomez gave birth to a child named Dave Gomez. The child birth (sic) was registered with the local Civil Registrar of Kadingilan as shown in Exhibit ‘A,’ a Certificate of Live Birth. The poor child, however, died on May 6, 1997, as evidenced by a Certificate of Death, marked Exhibit ‘B’." 4

    Dominador Gomez, in his defense, denied all the accusations. His daughter Myrna was lying in court, claimed. He suspected his brother-in-law to be interested in the prosecution because the latter did not agree to have the charges withdrawn. "I swear to God I did not do it," he told the court. He also told the court that possibly, the reason why his daughter filed these three counts of rape against him was that they were having a hard time in identifying the person responsible for her pregnancy. 5

    On January 26, 1998, the trial court found Dominador Gomez guilty of the crime of rape in each of the three cases and sentenced him as follows:jgc:chanrobles.com.ph

    "WHEREFORE, this court finds accused Dominador Gomez y Canamo GUILTY beyond reasonable doubt of three (3) crimes of rape as charged. Pursuant to the provisions of Section 11 of Republic Act No. 7659, amending Article 335 of the Revised Penal Code, considering the victim is his own daughter below 18 years old at the time the offenses were committed, he is hereby sentenced to three (3) DEATH penalties. He is also ordered to indemnify his victim Myrna Gomez the sum of P50,000.00 for each of the offense, or a total of P150,000.00, and to pay the cost.

    "SO ORDERED."cralaw virtua1aw library

    In his brief, appellant claims that despite her alleged harrowing experience in the hands of her father, Myrna did not report the matter to the police for almost six months, i.e., from July 1996 to February 1997; that she did not also reveal anything to her mother, not even after her grandmother had confronted her mother and father about said incidents; and that she claimed she feared being manhandled by his father. According to appellant, private complainant Myrna had already received the worst kind of "manhandling", therefore, fear of reprisal could not have been the motivating factor for her silence. To appellant’s mind, her long silence casts serious doubts on her credibility as a witness.chanrob1es virtua1 1aw 1ibrary

    This Court is not persuaded.

    The failure of the victim to immediately reveal his father’s incestuous acts is not indicative of fabricated charges. 6

    "Many victims of rape never complain or file criminal charges against their rapists. They prefer to bear the ignominy and pain rather than reveal their shame to the world or risk rapists making good their threats to kill or hurt their victims."cralaw virtua1aw library

    The victim herein is in no case different. Her shame and genuine fear of what appellant might do to her had temporarily sealed her lips. Only when she was assured of her safety because her father, who was her rapist, had already been picked up by the police did she reveal that her father, herein appellant, raped her. It is not uncommon for a girl at the tender age of 16 years to be intimidated into silence and conceal for sometime the violation of her honor, even by the mildest threat against her life. 7 Worse, in incestuous rape, that fear which compels non-revelation is further reinforced by the moral ascendancy of the rapist over his ravished relative. As the father of the victim, appellant had assumed parental authority over her during her formative years. Undisputedly, he exerts strong moral influence over her.

    Appellant also argues that although the Birth Certificate of Myrna’s child indicated appellant as the father, the entries therein were given by Myrna herself and is inconclusive as proof of the true paternity of her child. According to appellant, it does not also appear that Myrna was ever physically examined to establish the alleged sexual abuses; evidently, the State did not deem this necessary considering Myrna’s pregnancy and delivery, but as it is, there is only Myrna’s dubious testimony to rely on.

    Appellant’s argument boils down to the credibility of Myrna’s testimony. The assessment of the credibility of witnesses is primarily the function of the trial court. Well-settled is the rule that this Court will not disturb the findings of the trial court as to the credibility of a witness. This is so because the trial court has a better vantage point in observing the candor and behavior of the witness. The fact that Myrna’s testimony is uncorroborated is of no moment. An accused may be convicted on the basis of the lone uncorroborated testimony of the rape victim, provided that her testimony is clear, positive, convincing and otherwise consistent with human nature and the normal course of things. 8 The Court finds that Myrna’s testimony meets these criteria.chanrob1es virtua1 1aw 1ibrary

    Moreover, appellant failed to give a plausible reason why Myrna would fabricate a story of rape. As we have so held in the past, a young girl would not publicly disclose a humiliating and shameful experience of being sexually abused by her father if such were not the truth, 9 especially so in this case where there has been no showing of bad blood between father and daughter prior to the charges of rape. Her testimony is, therefore, entitled to full faith and credit.

    This Court agrees with the trial court that appellant is guilty beyond reasonable doubt of three (3) counts of rape since the same are ably supported by the evidence. As the age of the victim and the relationship between the appellant and the victim hove also been proven beyond reasonable doubt, the Court affirms the imposition of the death penalty in accordance with Article 335 of the Revised Penal Code, as amended by Section 11 of R.A. No. 7659 which pertinently provides:chanrob1es virtua1 1aw 1ibrary

    "x       x       x

    "The death penalty shall be imposed if the crime of rape is committed with any of the following attendant circumstances:jgc:chanrobles.com.ph

    "1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. . . ."cralaw virtua1aw library

    In line with prevailing jurisprudence, the civil indemnity for the victim shall be in the amount of P75,000.00 for each count of rape, since the commission of the crime of rape in each of these cases is effectively qualified by circumstances under which the death penalty may be imposed; and moral damages of P50,000.00 shall likewise be awarded for each count of rape without the need of pleading or proof of the basis thereof. 10 Exemplary damages of P25,000.00 in each case may also be awarded in line with current case law.

    Four Justices of the Court maintain their position that R.A. No. 7659 is unconstitutional insofar as it prescribes the death penalty. Nevertheless they submit to the ruling of the majority that the law is constitutional and the death penalty can be lawfully imposed in the case at bar.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, premises considered, the Court hereby AFFIRMS the appealed decision in Criminal Cases Nos. 8396-97, 8397-97 and 8398-97 of the Regional Trial Court of Malaybalay, Bukidnon, Branch 8, finding the accused-appellant DOMINADOR GOMEZ Y CANAMO guilty beyond reasonable doubt of the crime of rape in each case and sentences him to suffer the death penalty in each case with the MODIFICATION that said accused-appellant is ordered to pay the victim Myrna Gomez, the amount of P75,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages, also in each case.

    In accordance with Article 83 of the Revised Penal Code as amended by Section 25 of R.A. No. 7659, upon finality of this decision, let the records of these cases be forthwith forwarded to the Office of the President for possible exercise of the pardoning power.

    Costs de oficio.

    SO ORDERED.

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

    Vitug, J., on official leave.

    Endnotes:



    1. Entitled An Act to Impose the Death Penalty on Certain Heinous Crimes, Amending for that Purpose the Revised Penal Code, as Amended, Other Special Laws, and for Other Purposes. It took effect on 31 December 1993 (People v. Simon, 234 SCRA 555 [1994]).

    2. Original Records, pp. 43-47; Rollo, pp. 43-47. Per Judge Vivencio P. Estrada.

    3. Original Records, pp. 1-3.

    4. RTC Decision, Rollo, pp. 44-46.

    5. TSN, Oct. 9, 1997, pp. 8-9.

    6. People v. Silvano, 309 SCRA 363 [1999].

    7. People v. Quinones, 245 SCRA 87 [1995].

    8. People v. Alicante, 332 SCRA 440, 441 [2000].

    9. Ibid.

    10. People v. Candelario and Legarda, 311 SCRA 475 [1999]; People v. Alicante, 332 SCRA 440 [2000].

    G.R. Nos. 132673-75   October 17, 200<br /><br />PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ


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