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

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 132169. October 26, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SANICO NUEVO @ "SANY", Accused-Appellant.

    D E C I S I O N


    QUISUMBING, J.:


    On automatic review is the decision 1 of the Regional Trial Court of Sindangan, Zamboanga del Norte, Branch 11, finding accused Sanico Nuevo @ "Sany" guilty of rape and sentencing him to death.

    His conviction stemmed from the following information: 2

    That, in the evening, on or about the 4th day of December, 1994, in the municipality of Godod, Zamboanga del Norte, within the jurisdiction of this Honorable Court, the said accused, moved by lewd and unchaste design and by means of force, violence and intimidation, did then and there wilfully, unlawfully and feloniously succeed in having sexual intercourse with one ROBERTA CIDO, a 20 year old married woman, against her will and without her consent.

    CONTRARY TO LAW (Viol. of Art. 335, Revised Penal Code).

    A plea of not guilty was entered upon arraignment.

    During trial, the prosecution presented three witnesses, namely: (1) complainant Roberta Cido; (2) Anselmo Cido, Jr., the complainant’s husband; and (3) Dr. Esmeralda Nadela, a resident physician of the Sindangan District Hospital, Sindangan, Zamboanga del Norte. They testified as follows:chanrob1es virtual 1aw library

    ROBERTA CIDO 3 recalled that at about 9:00 o’clock in the evening of December 4, 1994, Sanico Nuevo passed by their house and invited her husband Anselmo Cido, Jr., to a drinking spree at the house of Anselmo, Sr., her father-in-law. 4 She was left at home with her 10-month-old daughter and her nine-year-old niece Gemma Atis. They slept in the living room, cum bedroom, the only room in the house. 5 At around 11:00 P.M., appellant surreptitiously returned and entered their room. She was awakened when appellant held her neck, pinned down her arms and took off her clothing. While Sanico was removing her panties, she struggled to extricate herself but to no avail. She was unable to shout because appellant was covering her mouth. While she was lying on her back, appellant laid on top of her and proceeded to forcibly have sexual intercourse with her, at the same time pinning her down with a bolo. As this was happening her niece Gemma, who was present, witnessed what was being done to her. Appellant even warned Gemma not to reveal what she saw and at the same time threatened Roberta not to tell her husband about the incident or else he would kill her. 6 He thereafter left the house.

    Roberta further testified that her husband Anselmo, Jr., returned home only the morning after. She immediately told her husband about the previous night’s incident. The latter hastened to the house of Sanico but did not find him. Appellant was arrested that same afternoon. 7

    Although Roberta testified on cross-examination, that she did not see him because it was very dark that night, she identified him through his voice. 8 She was certain it was he because she was very familiar with appellant’s voice. Not only have they been neighbors since childhood, she also heard the appellant when he invited her husband earlier that evening, and when he warned her and her niece not to tell anyone what happened.

    For his part, ANSELMO CIDO, JR., corroborated part of his wife’s story. He narrated that at around 9:00 P.M., December 4, 1994, Sanico with companions dropped by their house and invited him to a drinking spree in his father’s (Anselmo, Sr.) house, about 50 meters away from theirs. While there, they drank until dawn. Sanico left his father’s place at around 11:00 P.M., purportedly to answer the call of nature, and returned only at around 1:00 A.M. of December 5, 1994. At the time Sanico left, Anselmo, Jr., observed that he was carrying an 18-inch bolo. When Anselmo, Jr., arrived home early in the morning, his wife told him of her ordeal. 9

    DR. ESMERALDA NADELA testified on her medical findings contained in her Medico-Legal Certificate dated December 6, 1994, which document 10 she brought along and read in open court. She said Roberta told her that the latter was submitting herself for medical examination because she was raped, and that her last sexual contact with her husband was a week before the incident. Nadela testified further that based on her examination conducted two days after the alleged incident, no fresh injuries were actually found on the victim; that only old lacerations were present; that such absence was possible due to the victim’s previous child birth; and that no spermatozoa was found on the victim, which was likely because the examination was conducted only two days after the alleged rape. 11

    For the defense, two witnesses were presented. First was the appellant himself, SANICO NUEVO. He declared that he knew Roberta since they were schoolmates in grade school and she was a former neighbor. He lived about 100 meters from her house. Moreover, her husband Anselmo, Jr., was his "barkada." He recounted that at about 6:30 P.M., December 4, 1994, his father and he went to the house of Anselmo, Sr., to buy Tanduay Rum and drank with their friends Rudy and Ami Tinambakan. On the way, they had to pass by the house of Anselmo, Jr. He denied he invited the younger Anselmo to go drinking as the latter’s house was already close by. It was Anselmo, Jr., who later followed and joined them until around 10:30 P.M. Appellant said he stayed in the house of Anselmo, Sr., where he slept at around 12:00 o’clock midnight. It was already 6:30 A.M. the following day when he woke up. He denied raping Roberta. He added that the house of Anselmo, Sr., was only about 35 meters from the house of Roberta. 12

    The second witness for the defense was EMELIO 13 NUEVO, brother of appellant. He claimed that he was with his brother Sanico and two neighbors the night of the incident. He corroborated his brother’s story that they were drinking at the house of Anselmo, Sr., and he noticed his brother asleep on the upper floor of Anselmo Sr.’s house, when he left at around 5:00 A.M. early in the morning while the others were still dancing downstairs. He admitted, however, that he told no one of seeing his brother sleep in the house of Anselmo Sr., even when he found out that his brother was to be arrested, and even when he saw him tied up and already in the custody of the police. He did not disclose this fact, even when he was already alone with his other brother who was a councilor of their place. It was only in his testimony during trial that he chose to reveal these facts in Sanico’s defense. He also said he was not aware of any misunderstanding between his brother and the spouses Roberta and Anselmo, Jr. 14

    The trial court found the prosecution’s version of events credible and disbelieved that of the defense. It rendered judgment as follows:chanrob1es virtual 1aw library

    IN VIEW OF THE FOREGOING, the Court finds the accused SANICO NUEVO guilty beyond reasonable doubt of the crime charged in the above-quoted information with aggravating circumstances of dwelling (Article 14, (3) of the Revised Penal Code; People v. Padilla, 242 SCRA 629) and committed in full view of the relative within the third degree of consanguinity (Sec. 11 R.A. 7659), but since no mitigating circumstances (sic) to offset the above aggravating circumstances, the Court hereby sentences the accused Sanico Nuevo to suffer the maximum penalty provided by law which is DEATH and to pay the private offended party in the sum of P50,000.00.

    COSTS de officio.

    SO ORDERED. 15

    In his brief, appellant assigns one error only:chanrob1es virtual 1aw library

    THE TRIAL COURT ERRED IN CONVICTING ACCUSED APPELLANT SANICO NUEVO OF COMMITTING RAPE AGAINST ALLEGED VICTIM ROBERTA CIDO DESPITE INSUFFICIENT EVIDENCE OF HIS POSITIVE IDENTIFICATION. 16

    In resolving cases of rape, this Court is guided by the following principles: (a) an accusation for rape can be made with facility; it is difficult to prove but even more difficult for the appellant, although innocent, to disprove; (b) in view of the intrinsic nature of the crime where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; (c) the evidence for the prosecution must stand or fall on its own merit, and cannot be allowed to draw strength from the weakness of the evidence for the defense (People v. Quijada, 321 SCRA 426 [1999]); and (d) the evaluation of the trial court judges regarding the credibility of witnesses deserves utmost respect on the ground that they are in the best position to observe the demeanor, act, conduct, and attitude of the witnesses in court while testifying (People v. Maglente, 306 SCRA 546 [1999]).

    In our view, the first issue for our resolution here is whether appellant was sufficiently identified by the offended party based only on her recognition of the sound of his voice. The second issue is whether the prosecution’s evidence suffices for the conviction of rape and the imposition of the death penalty on him.

    Appellant denies he raped Roberta Cido. He questions the certainty of his identification as the offender. He avers that the night of the rape, there was no moon and it was very dark. Nor was there any showing of illumination from any source in and out of the house of the victim. Further, she averred that she identified her rapist only because she recognized his voice. According to appellant, such voice identification is insufficient to prove he was the rapist.

    In People v. Reyes, 17 we held that once a person has gained familiarity with another, identification becomes quite an easy task even from a considerable distance. In a number of cases, we ruled that the sound of the voice of a person is an acceptable means of identification where it is established that the witness and the accused knew each other personally and closely for a number of years. 18 Appellant did not deny that he and Roberta had known each other since childhood 19 and that appellant and Roberta’s husband were "barkada." 20 It is not impossible then that complainant could immediately recognize appellant through his voice alone. In addition, appellant’s face was very near the victim 21 such that the victim could not have misidentified him, even only by voice recognition.

    According to appellant, Roberta claims she smelled marijuana on the rapist but she patently made a mistake since he should have smelled of Tanduay Rum instead, because that was what he drank. In addition, he argues that since no physical injury was found on Roberta to show that there was force or intimidation inflicted on her, therefore, no rape had happened.

    As testified to by Dr. Nadela, however, lacerations or signs of injury may not be present in this case due to the fact that the victim had already given birth to a child. 22 Moreover, according to the victim, 23 appellant’s penis was relatively small in size, about two and a half inches long. This is consistent with Dr. Nadela’s testimony that in some cases of women who have already given birth, it would take an "extra-large" male organ to cause lacerations. According to her, healed lacerations or the absence of spermatozoa in the vaginal canal do not negate rape. 24 We are, thus, constrained to say that appellant’s bland conclusion that no rape happened for lack of physical injuries on the person of the victim is clearly a non-sequitur.

    Appellant’s claim that Roberta should have smelled him reeking of liquor instead of marijuana is beside the point and deserves scant consideration. Note that appellant and his five other companions shared only four bottles of pocket-sized Tanduay mixed with softdrinks. 25 Thus, it was not unlikely that he did not smell strongly of liquor. Further, note that the drinking spree started at 8:30 P.M., and it was barely two hours thereafter when appellant left the group, according to prosecution witnesses. Besides, that Roberta said she detected the smell of marijuana on her abuser does not change the fact that she identified him positively and without any reservation as the perpetrator of the offense.

    Considering the circumstances in this case, in the light of the testimony by the victim and her witnesses as well as of those for the defense, we agree with the trial court that Roberta had sufficiently identified appellant as the person who raped her, by means of force, violence and intimidation, against her will and without her consent. Appellant is guilty beyond reasonable doubt of the crime charged.

    We are, however, constrained to disagree concerning the penalty imposed on him. An appeal in a criminal case throws the entire case wide open for review and it is the duty of the appellate court to correct errors, as may be found in the appealed judgment, even if unassigned. 26 This salutary principle governs our automatic review of death penalty cases as well.

    Although not assigned as an error, it is our view that the trial court erred in appreciating the qualifying circumstance under par. 3, Section 11, R.A. 7659, 27 concerning the presence of a relative, to justify the imposition of the death penalty.

    In People v. Amadore, we held that the attendance of any of the circumstances under the provisions of Section 11 of Republic Act No. 7659, mandating the death penalty are in the nature of qualifying circumstances and the absence of proper averment thereof in the complaint will bar the imposition of that extreme penalty. 28 The information in this case did not allege the qualifying circumstance, that the rape was committed in full view of a niece (a relative within the third degree of consanguinity). Because of this deficiency, appellant was not properly apprised of the extent of the punishment which the charges against him entailed. Thus, it was an error to consider the foregoing circumstance in the imposition of the proper penalty on Appellant.

    Further, while the decision of the trial court held that dwelling and the use of a deadly weapon aggravated the crime committed, we find that these were not averred in the information. The Revised Rules of Criminal Procedure, effective December 1, 2000, provides that every complaint or information must state not only the qualifying but also the aggravating circumstances with specificity. 29 This requirement of procedure has retroactive effect and is applicable to actions pending and undetermined at the time of their passage insofar as it is favorable to the appellant. Procedural laws are retroactive in that sense and to that extent. 30 Here, it was error to appreciate dwelling and the use of a deadly weapon as aggravating circumstances in the commission of the offense. In sum, we find that no aggravating as well as qualifying circumstances have been properly pleaded and proved by the prosecution in this case. The result is that the crime committed by appellant is only simple rape, which under Article 335 of the Revised Penal Code as amended by R.A. 7659, the law prevailing at the time of commission thereof, is punished only with reclusion perpetua.chanrob1es virtua1 1aw 1ibrary

    Moreover, on the civil aspect, modification is also in order. Private complainant is entitled not only to P50,000 as civil indemnity, but following current jurisprudence, also to P50,000 as moral damages and P25,000 as exemplary damages.

    WHEREFORE, the decision of the trial court is MODIFIED. The appellant is declared GUILTY of the crime of simple rape beyond reasonable doubt, and he is hereby sentenced to suffer the penalty of reclusion perpetua. Conformably with prevailing jurisprudence, appellant is also ordered to pay the offended party P50,000 as civil indemnity, P50,000 as moral damages and P25,000 as exemplary damages.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

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

    Vitug, J., on official leave.

    Endnotes:



    1. Rollo, pp. 12-27.

    2. Records, P 9

    3. Also spelled as SEDO in the TSN. TSN, Oct. 27, 1995, p. 2.

    4. Id. at 3.

    5. Id. at 8-9.

    6. Id. at 4-6.

    7. Id. at 7.

    8. Id. at 12.

    9. TSN, June 21, 1996, pp. 3-5.

    10. Exhibit "A", Rollo, p. 37.

    11. TSN, September 15, 1995, pp. 34.

    12. TSN, May 9, 1997, pp. 3-8.

    13. Sometimes spelled "Emilio" in the Records.

    14. TSN, July 11, 1997, pp. 7-9, 15.

    15. Rollo, p. 27.

    16. Id. at 38.

    17. G.R. No. 120642, 309 SCRA 622, 634-635 (1999).

    18. People v. Gayomma, G.R. No. 128129, 315 SCRA 639, 646 (1999); People v. Enad, Et Al., G.R. No. 122934, January 5, 2001, p. 11, citing People v. Avillano, G.R. No. 111567, 269 SCRA 553, 562 (1997).

    19. TSN, October 27, 1995,p. 16.

    20. TSN, June 21, 1996, p. 4.

    21. TSN, October 27, 1995, p. 13.

    22. TSN, December 8, 1995, p. 3.

    23. TSN, October 27, 1995, pp. 13-14.

    24. People v. Espinoza, G.R. Nos. 113521-31, 247 SCRA 66, 73 (1995).

    25. TSN, May 9, 1997, p. 9.

    26. People v. Nuñez, G.R. No. 128875, 310 SCRA 168, 181 (1999).

    27. The death penalty shall be imposed if the crime of rape is committed with any of the following attendant circumstances:chanrob1es virtual 1aw library

    x       x       x


    3. when the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity.

    x       x       x


    28. People v. Amadore, G.R. Nos. 140669-75 & 140691, April 20, 2001, pp. 15-16.

    29. Rule 110, Section 8 states in pertinent part: Designation of the offense. — The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.

    30. People v. Arrogado, G.R. No. 130492, January 31, 2001, p. 21 citing Ocampo v. Court of Appeals, G.R. No. 79060, 180 SCRA 27 (1989); Alday v. Camilon, L-60316, 120 SCRA 521 (1983); People v. Sumilang, L-49187, 77 Phil. 764 (1946).

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


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