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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. 134802   October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RENATO Z. DIZON

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 134802. October 26, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RENATO Z. DIZON, Accused-Appellant.

    D E C I S I O N


    PER CURIAM:


    Before us on automatic review is the Decision 1 of the Regional Trial Court of Quezon City, Branch 219, in Crim. Case No. Q-97-71910, finding Renato Dizon y Zuela guilty of Robbery with Rape, attended by two aggravating circumstances, imposing upon him the penalty of Death and ordering him to pay complainant Arlie Rosalin P9,500.00 for actual damages, P200,000.00 as moral damages and to pay the costs.chanrob1es virtua1 1aw 1ibrary

    Culled principally from the testimony of private complainant, the facts of the case are as follows:chanrob1es virtual 1aw library

    On July 7, 1997, around 9:30 p.m., private complainant Arlie Rosalin, then a 21-year old engineering student from Dinalupihan, Bataan, alighted from a bus as it stopped by a small bridge along EDSA just before Roosevelt Avenue, Quezon City. 2 Seconds later, she heard someone call out "Miss!" and when she turned her head around, she found appellant behind her. 3 Appellant suddenly seized her, pointing a fan knife to the side of her neck, and announced a holdup. He then told her to face the railing of the bridge and asked for her wallet and jewelry. Terrified, private complainant complied. Still not content, though, appellant got her backpack, warning her that should he find another wallet inside, he would kill her and throw her over the bridge as he had done to his other victims. 4

    After appellant stripped her of her valuables, appellant instructed private complainant to walk with him along EDSA and pretend that they were a couple. 5 They crossed Roosevelt Avenue, passed the Muñoz market, then headed for Project 7. Private complainant could not ask for anyone’s help because, all the while, appellant had his arm around her and a knife pressed to her side. 6 Appellant further frightened her by telling her that he had already killed many people. 7 Scared as she was, however, private complainant would furtively look at appellant’s face whenever they passed a lighted place, vowing to herself that should she ever be able to escape, she would remember him and have him arrested. 8

    After walking for some time, they finally reached a dark and empty basketball court. 9 There, appellant ordered private complainant to remove her pants and underwear. Private complainant could not do anything but follow appellant’s orders since he was holding her at knifepoint. Besides, even if she screamed, nobody would hear her. 10

    Appellant kissed private complainant on the lips, neck, and breasts, which he also mashed. 11 He likewise bit her nipple at least three times, as well as the right side of her back and vagina. 12 Unable to control his lustful urges any longer, he forced her to bend forward over the hood of a taxi and, in this position, forcefully penetrated her vagina with his organ. 13

    After satisfying himself in this fashion, appellant ordered private complainant to hold and massage his penis which, he boastfully informed the latter, carried bolitas. 14 He then forced her to put his foul-smelling penis into her mouth, which sickened her to the pit of her stomach. 15

    Still not done with her, appellant forced private complainant to lie on the ground. 16 Private complainant could not fight off any of appellant’s demands, because whenever she tried to resist, and whenever she failed to answer any of his questions, he would bang her head on the hood of the taxi, slam her head on the wall, or slap her hard in the face. 17

    After appellant pushed private complainant to the ground, he went down on her and proceeded to ravish her all over again. 18

    Though admittedly spent by now, appellant still refused to let go of private complainant. Instead, he made her sit astride over him, and to make sure she would not be able to escape, held her tightly by the hair with both hands. 19 When private complainant balked at inserting his organ inside of hers, appellant removed one hand from her hair and groped in the dark. 20 Sensing that he was reaching for his knife and would finally kill her, private complainant struggled with all her might and broke free from appellant’s hold. She scampered to her feet, grabbed her pants, and ran as fast as she could away from appellant. 21

    Soon, private complainant found a store that was about to close. She barged in, informing the people that she had been raped, and pleaded for their help. However, the owner of the store did not want to get involved. Instead, he reminded her to wear her pants, then referred her to the barangay. 22

    When a barangay officer arrived, he accompanied her back to the basketball court, where they were able to recover her shoes, underwear, and appellant’s black cap. 23 Since appellant was no longer around, private complainant just gave a description of him: he was dark, 5’3" to 5’4" in height, and with a body covered with tattoos from the waist down. 24 Private complainant was then brought to the police station where her statement was taken.25cralaw:red

    About three days later, the barangay informed private complainant that they already had a suspect who matched appellant’s description. Accompanied by policemen, among others, she went to the vicinity of the Muñoz market, where appellant was reportedly working as a tricycle dispatcher. 26 After some anxious moments of searching in the crowd, private complainant finally caught sight of appellant and pointed him out to her companions. 27 One of the police officers accosted appellant and asked him if he knew private complainant. 28 Upon seeing her, appellant pulled out the same fan knife he had earlier used on her. 29 He was not quick enough, however, because the police officers were able to disarm him. Appellant was then handcuffed and brought to the police station. 30

    In an Information 31 dated July 14, 1997, Assistant City Prosecutor Mercedes D. Penamora charged appellant as follows:chanrob1es virtua1 1aw 1ibrary

    "That on or about the 7th day of July, 1997 in Quezon City, Philippines, the above-named accused, with intent to gain, by means of force and violence against and/or intimidation upon person did, then and there wilfully, unlawfully and feloniously rob the person of one ARLIE ROSALIN Y NICDAO in the following manner, to wit: on the date and place aforementioned while said complainant was walking along the sidewalk of EDSA, Muñoz, this city after alighting from a passenger bus, said accused suddenly appeared and embraced complainant and at knife point announced a hold-up and then and there rob, took and carted away the following items, to wit:chanrob1es virtual 1aw library

    One necklace w/pendant P300.00

    Two (2) gold rings 5,000.00

    One bag pack containing

    Assorted clothes 2,000.00

    One (1) paper bag (bench)

    Containing stuff toys 200.00

    Perfume 1,000.00

    Cash 1,000.00

    all in the total amount of P9,500.00, Philippine Currency, all belonging to said ARLIE ROSALIN y NICDAO, to her damage and prejudice and on the occasion of the robbery, Accused with lewd designs and with force and intimidation and with use of a knife undressed said complainant and put himself on top of her and have carnal knowledge with said ARLIE ROSALIN y NICDAO against her will and without her consent, to the damage and prejudice of the said ARLIE ROSALIN Y NICDAO.

    "Contrary to law."cralaw virtua1aw library

    Appellant entered a plea of not guilty when arraigned on August 7, 1997, with the assistance of Atty. Donato A. Mallabo. 32 Trial proceeded in due course. The prosecution presented as witnesses the victim herself, Arlie Rosalin; SPO1 Cristopher Hael, a police officer assigned at the Baler Police Station who testified on the circumstances leading to the arrest of the accused; PO1 Emelito de la Cruz, the police investigator; and Dr. Emmanuel Reyes, the PNP medico-legal officer who conducted the examination on Arlie Rosalin.

    The appellant put up the defense of denial and alibi. Appellant’s testimony was not corroborated by any other witness. His testimony consisted mainly of denials of his involvement in the crime being imputed against him. He averred that as a tricycle dispatcher, he used to work from 7:00 o’clock to 11:00 o’clock in the morning and from 2:00 o’clock to 5:00 o’clock in the afternoon; that on the evening of July 7, 1997, he was just at home resting; that he was at work when he was arrested and when he was brought to the police station, he was beaten up; that he told the police that he had nothing to do with what happened to the complainant and that he saw her for the first time only when he was arrested; that he did not know of any reason why she singled him out and filed a case against him; and that when he was brought to the fiscal, he again denied the charges against him.

    On July 13, 1998, the trial court promulgated its decision, the dispositive portion of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, finding that the prosecution was able to prove the guilt of the accused beyond reasonable doubt for the crime of Robbery with rape under paragraph one, Article 294 of the Revised Penal Code, as amended by R.A. 7659, attended by two aggravating circumstances, the Court hereby sentences him (1) to suffer the penalty of Death; (2) to indemnify complainant Arlie Rosalin in the amount of P9,500.00 as actual damages; (3) to pay her P200,000.00 as moral damages; and (4) to pay the costs.

    "Let the records of the case be transmitted to the Supreme Court for automatic review.

    "SO ORDERED."cralaw virtua1aw library

    Appellant impugns the decision of the trial court on the following grounds:jgc:chanrobles.com.ph

    "1. The lower court erred in convicting the accused when in truth and in fact he was not positively identified by the victim.

    "2. The lower court erred in appreciating the aggravating circumstances of cruelty and uninhabited place against the accused.

    "3. The lower court erred in finding the accused guilty beyond reasonable doubt of the crime of robbery with rape in violation of Art. 294, Par. 1 (should be par. 2) of the Revised Penal Code." chanrob1es virtua1 1aw 1ibrary

    We affirm the trial court’s decision.

    Being interrelated, appellant’s first and third assigned errors, which boil down to a question of credibility of the private complainant, will be discussed jointly.

    In assailing the credibility of the private complainant, appellant puts the following in issue:chanrob1es virtual 1aw library

    First, appellant states that he has only two hands; hence, it was impossible for him to remove his pants, restrain private complainant, and hold a fan knife all at the same time.

    Second, appellant points out an alleged inconsistency between private complainant’s account of rape and her alleged refusal to escape her rapist despite opportunity to do so.

    Third, appellant argues that he was not positively identified by private complainant because somebody had to tell her where he was when she and the police went out to look for him at the market place in Muñoz.

    We find appellant’s arguments to be untenable.

    On the first point, it is not impossible for appellant to undress while holding his victim and a fan knife at the same time. On direct examination, the private complainant testified thus:jgc:chanrobles.com.ph

    "Q When he raped you did he remove his pants?

    "A Yes, ma’am he removed his pants.

    "Q When he removed his pants, did you run?

    "A No, Ma’am because he was holding me and the knife was pointed at me.

    "Q When he was holding you and the gun (sic) was pointing (sic) at you how did he remove his pants?

    "A Like this, ma’am . . .

    COURT INTERPRETER

    Witness holding the right wrist of the Interpreter using the left hand. The witness demonstrating that the accused was using his right hand holding the knife while unbuttoning his pants and every time she would resist the accused would point the knife at her." 33

    Countless cases of rape have been committed in a similar fashion. We quote the pertinent portions of two such cases:jgc:chanrobles.com.ph

    ". . . When she saw her father naked, she got scared and did not move. Because of her refusal, her father poked a three-cantos knife at her neck and he undressed her by pulling down her skirt and her panty until they were removed from her body. Her father then told her to sit up and when she did, he pulled her t-shirt off her head. She cried and her father threatened to kill her if her cries will be heard by others. 34

    ". . . The accused awakened Mergena upon arriving from a drinking session with his brothers, pointed a knife at her and ordered her to stand up. When she refused to obey, he pulled her up. He removed his short pants, then with a knife still pointed at her, removed her skirt and made her lie down. He removed her panty and his underwear, separated her thighs and inserted his penis into her vagina while fondling her breast. This entire time his left hand was holding the knife." 35

    On the second point, that private complainant could have escaped her captor with facility is something easier said than done. Private complainant was a terrified captive, held fast at the wrist by appellant while the latter, using his other hand, unbuttoned his pants, stopping only to brandish his fan knife at private complainant whenever she showed the least sign of resistance. Overcome with fear, it is understandable why she was not able to escape at that moment.

    On the third point, contrary to appellant’s assertion, private complainant was able to identify appellant as her assailant. While somebody did point out to private complainant and her companions that they had already passed the person they were looking for, this was understandable because the place where they were searching was crowded. The failure to see is not the same as failure to recognize which is what is crucial in identification. Nobody prodded her to point to appellant. Nobody told her that he was the malefactor. What is important is that it was private complainant herself who had provided appellant’s description and who, without assistance, eventually picked him out from the crowd as the person who robbed and raped her.chanrob1es virtua1 1aw 1ibrary

    Appellant finds it unbelievable that private complainant was able to recognize him "when she did not even touch his penis and test it for the presence of bolitas during his identification at the Muñoz market." Private complainant did not have to do that. She was able to recognize appellant because of his mole on the cheek and his body smeared with tattoos, and more importantly, because she repeatedly gazed at appellant’s face every time they passed a well-lit place on their way to the basketball court. 36 She was also able to take a good hard look at appellant’s face and body while she was forced to sit on top of him during an unwanted sexual act at the basketball court. 37

    On cross-examination, private complainant testified thus:jgc:chanrobles.com.ph

    "Q So much so that because his hands were placed around your neck and the knife was pressed in your body, practically, you were closing your eyes, you just believed whatever he tells (sic) you?

    "A Everytime we would pass by a lighted area, even if I was scared, I would look at him, sir.

    "Q But as much as possible, because you were scared and you were already angry, you would not like to see the face of that stranger, right?

    "A No, sir, because I was really trying to memorize the face." 38

    "x       x       x

    "Q Why were you interested in the face of that stranger?

    "A So that in case I would be able to escape, I would have him arrested." 39

    And on re-direct examination, private complainant testified:jgc:chanrobles.com.ph

    "Q Are you very sure that it was the accused now in this case who actually sexually abused you?

    "A Yes, ma’am I am sure.

    "Q Why are you so sure?

    "A Because I could see his face everytime I passed by a lighted area, ma’am (witness crying)." 40

    This only shows that private complainant had ample opportunity to behold the appellant so that she was able to positively identify the appellant as the one who robbed her and sexually abused her.

    In the light of this positive and direct evidence of appellant’s culpability, the trial court correctly discarded his defense of denial and alibi. It is an elementary rule that alibi cannot prevail over the clear and positive identification of the appellant as the very person who committed the crime. Moreover, in order to justify an acquittal based on this defense, the accused must establish by clear and convincing evidence that (a) he was in another place at the time of the commission of the offense; and, (b) it was physically impossible for him to be at the scene of the crime at the time it was committed. 41 This, appellant miserably failed to do. It was not physically impossible for appellant to have been at the crime scene in Project 7, Quezon City, considering that he claimed to have been a mere tricycle ride away in his house in San Jose del Monte, Quezon City around the time of the commission of the crime.

    Considering all the foregoing, the trial court did not err in giving full faith and credence to the testimony of private complainant. This, especially since appellant has not even imputed any ill motive on the part of private complainant to testify falsely against him. Where there is no evidence to show any improper motive on the part of the prosecution witness to testify falsely against the accused or to falsely implicate him in the commission of a crime, the logical conclusion is that the testimony is worthy of full faith and credence. 42

    The matter of assigning values to the declarations of witnesses is best and most competently performed by the trial court who had the unmatched opportunity to observe the demeanor of witnesses while testifying, and to assess their credibility using various indicia available but not reflected in the records. Hence, the court a quo’s appraisal on the matter is entitled to the highest respect, and will not be disturbed on appeal unless there is a clear showing that it overlooked, misunderstood or misapplied some facts or circumstances of weight and substance that would affect the result of the case. There is no compelling reason in the present case to depart from this rule. 43

    On the second assigned error, the trial court correctly appreciated the generic aggravating circumstances of cruelty and uninhabited place against appellant.chanrob1es virtua1 1aw 1ibrary

    Indeed, the term "cruelty" often conjures bloody and gory images which are conspicuously absent in this case. However, as correctly pointed out by the trial court, "the appreciation of cruelty, as an aggravating circumstance, is relative. It depends upon the crime committed. As long as the wrong done in the commission of the offense is deliberately augmented and that such wrong is not essential for the accomplishment of the ultimate purpose of the offender, the same could be considered as aggravating. The nature of the wrong or the number thereof is immaterial." 44

    The trial court’s pronouncement finds support in a long line of jurisprudence. As held in People v. Basao, 45 People v. Lacao, 46 People v. Ilaoa, 47 People v. Alban, 48 and other cases, the test of cruelty is whether the accused deliberately and sadistically augmented the wrong by causing another wrong not necessary for its commission, or inhumanly increased the victim’s suffering, or outraged, or scoffed at his person or corpse. Where the accused, for his pleasure and satisfaction, inflicted on the victim unnecessary physical and moral pain, with the intention of deliberately and inhumanly intensifying or aggravating the sufferings of the victim, cruelty is present.

    Tested against the foregoing yardstick, the element of cruelty undoubtedly ‘attended the commission of the crime in this case. As recounted by private complainant, appellant not only raped her, but subjected her to various dehumanizing indignities, such as making her fondle and put his foul-smelling penis in her mouth, forcing her to admire his bolitas, and demanding that she assume embarrassing and indelicate positions. Furthermore, he viciously slammed her head against the hood of the taxi, banged her head against the wall, and slapped her hard in the face whenever she failed to answer any of his questions. All these wrongs were no longer necessary insofar as appellant’s purpose of raping private complainant was concerned. By subjecting her to these unwarranted physical and moral abuses on top of raping her, appellant deliberately and inhumanly augmented her pain and sufferings, thus, committing cruelty.

    Finally, appellant claims that the generic aggravating circumstance of uninhabited place cannot be appreciated against him since the basketball court where he supposedly brought his victim cannot be considered an uninhabited place. Appellant cites private complainant’s testimony that the basketball court was near a highway and surrounded by houses.

    We are not convinced.

    Whether or not a place may be considered uninhabited, is determined not by the distance of the nearest house to the scene of the crime but whether or not in the place of commission, there was reasonable possibility of the victim receiving some help. 49 In People v. Desalisa, 50 the crime was considered as having been committed in an uninhabited place because the killing was done during nighttime, and many fruit trees and shrubs obstructed the view of neighbors and passersby. Similarly, in the case of People v. Damaso, Et Al., 51 the court, notwithstanding the close proximity of the sugarcane field where the victims were killed to the national highway and some houses, still considered the aggravating circumstance of uninhabited place because the killing was done during nighttime and the sugarcane in the field was tall enough to obstruct the view of neighbors and passersby. The situation is no different in the case at bar. Appellant precisely sought the solitude of the basketball court to ensure that private complainant would not be able to call for, and receive, any help. Aside from being cloaked by the darkness of the night, the basketball court was a relatively isolated place, shielded from the public view by the high walls of the surrounding houses. 52 Private complainant could have screamed at the top of her lungs and nobody still would have heard her. Without a doubt, therefore, the trial court properly appreciated the aggravating circumstance of uninhabited place against Appellant.

    Article 294 of the Revised Penal Code, as amended by Republic Act 7659 provides:jgc:chanrobles.com.ph

    "ARTICLE 294. Robbery with violence against or intimidation of persons — Penalties. — Any person guilty of robbery with the use of violence against or any person shall suffer:jgc:chanrobles.com.ph

    "1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson."cralaw virtua1aw library

    In the case at bar, two (2) aggravating circumstances attended the commission of the robbery with rape, thus the trial court correctly imposed on the appellant the penalty of death.

    The trial court also ordered appellant to pay the victim P200,000.00 as moral damages. Ordinarily, the victims of rape are awarded a minimum of P50,000.00 as moral damages. However, the factual circumstances of the case at bar calls for a stiffer penalty. After robbing and raping the victim, appellant subjected the victim to physical harm like biting her nipples and vagina; banging her head on the hood of the taxi and on the wall; and subjecting her to indignities like holding and massaging his penis and worst of all, forcing her to put his foul-smelling penis into her mouth. The trial court was correct in ordering the appellant to pay his victim the amount P200,000.00 as moral damages for all of these repulsive acts and P9,500.00 as actual damages for the money and valuables taken from her. We also hold that the victim is entitled to P50,000.00 for civil indemnity, as it is mandatory upon a conviction of rape. Such indemnity is distinct from moral damages and based on different jural foundations. 53 Furthermore, under Article 2230 of the New Civil Code, exemplary damages may be imposed when the crime was committed with one or more aggravating circumstances. 54 Hence, we find an award of exemplary damages in the amount of P25,000.00 proper.chanrob1es virtua1 1aw 1ibrary

    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.

    WHEREFORE, the Court AFFIRMS the decision of the Regional Trial Court of Quezon City, Branch 219 in Crim. Case No. Q-71910 finding appellant Renato Dizon y Zuela guilty beyond reasonable doubt of the crime of robbery with rape under paragraph one, Art. 294 of the Revised Penal Code, as amended by RA 7659, attended by two (2) aggravating circumstances, and sentencing him to suffer the penalty of death, to pay victim Arlie Rosalin P200,000.00 as moral damages; and P9,500.00 as actual damages, with the MODIFICATION that he shall further pay the victim P50,000.00 as civil indemnity; and P25,000.00 as exemplary damages.

    In accordance with Section 25 of Republic Act No. 7659, amending Article 83 of the Revised Penal Code, upon finality of this decision, let certified copies thereof, as well as the records of this case, be forwarded without delay to the Office of the President for possible exercise of executive clemency.chanrob1es virtua1 1aw 1ibrary

    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. Penned by Presiding Judge Jose Catral Mendoza; Original Records, pp. 80-87.

    2. TSN, October 7, 1997, pp. 3-4.

    3. Ibid., p. 4.

    4. Ibid., p. 5.

    5. Ibid., pp. 5-6.

    6. Ibid., p. 5.

    7. Ibid., pp. 6-7.

    8. TSN, October 14, 1997, pp. 36-37.

    9. TSN, October 7, 1997, p. 7.

    10. Ibid.

    11. Ibid.

    12. Ibid., p. 8.

    13. Ibid., p. 9.

    14. TSN, October 14, 1997, p. 4.

    15. ibid., pp. 4-6.

    16. TSN, October 7, 1997. p. 9.

    17. Ibid., pp. 9-10.

    18. Ibid.

    19. Ibid.

    20. Ibid., p. 11.

    21. Ibid.

    22. Ibid.

    23. Ibid., pp. 11-12.

    24. Ibid., p. 12.

    25. Ibid., p. 13.

    26. Ibid., pp. 13-14.

    27. Ibid., p. 14.

    28. Ibid., p. 15.

    29. Ibid., pp. 15, 17.

    30. Ibid.

    31. Original Records, p. 1.

    32. Original Records, p. 13.

    33. TSN, October 7, 1997, pp. 8-9.

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

    35. People v. Leoterio, 264 SCRA 608 [1996].

    36. TSN, Oct. 14, 1997, pp. 36-37.

    37. TSN, Nov. 25, 1997, p. 9.

    38. TSN, Oct. 14, 1997, pp. 35-36.

    39. TSN, Oct. 14, 1997, p. 37.

    40. TSN, November 26, 1997, p. 8.

    41. People v. Diopita, G.R. No. 130601, December 4, 2000.

    42. People v. Gayomma, 315 SCRA 639 [1999].

    43. People v. Diopita, G.R. No. 130601, December 4, 2000; People v. Navales, 337 SCRA 436 [2000].

    44. RTC Decision, p. 6.

    45. 310 SCRA 743 [1999].

    46. 50 SCRA 89 [1974].

    47. 233 SCRA 231 [1994].

    48. 245 SCRA 549 [1997].

    49. People v. Desalisa, 229 SCRA 35, 48 [1994].

    50. Ibid.

    51. 86 SCRA 370, 382 [1978].

    52. TSN October 7, 1997, p. 7.

    53. People v. Diopita, G.R. No. 130601 December 4, 2000; People v. Navales, 337 SCRA 436 [2000].

    54. People v. Tundag, G.R. Nos. 135695-96 Oct. 12, 2000.

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


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