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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
 

   
September-2001 Jurisprudence                 

  • G.R. No. 137538 September 3, 2001 - OFFICE OF THE OMBUDSMAN v. HON. FRANCISCO B. IBAY

  • A.M. No. MTJ-00-1249 September 4, 2001 - PHIL. GERIATRICS FOUNDATION, ET AL. v. LYDIA QUERUBIN LAYOSA

  • A.M. No. P-00-1373 September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.

  • A.M. No. P-01-1501 September 4, 2001 - JOSEPHINE D. SARMIENTO v. ALBERT S. SALAMAT

  • A.M. No. P-01-1502 September 4, 2001 - CRESENCIO N. BONGALOS v. JOSE R. MONUNGOLH and VICTORIA D. JAMITO

  • A.M. No. P-99-1357 September 4, 2001 - SHERWIN M. BALOLOY v. JOSE B. FLORES

  • A.M. No. RTJ-01-1651 September 4, 2001 - PROSECUTOR LEO C. TABAO v. JUDGE FRISCO T. LILAGAN

  • G.R. No. 125359 September 4, 2001 - ROBERTO S. BENEDICTO and HECTOR T. RIVERA v. THE COURT OF APPEALS

  • G.R. No. 126859 September 4, 2001 - YOUSEF AL-GHOUL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127181 September 4, 2001 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132709 September 4, 2001 - CAMILO L. SABIO, ET AL. v. INTERNATIONAL CORPORATE BANK, ET AL.

  • G.R. No. 134490 September 4, 2001 - PEOPLE OF THE PHILIPPINES v. JOEL BRAGAT

  • G.R. Nos. 135356-58 September 4, 2001 - PEOPLE OF THE PHIL. v. MELECIO SAGARINO

  • G.R. No. 138923 September 4, 2001 - PEOPLE OF THE PHIL. v. ANITA AYOLA, ET AL.

  • A.M. No. MTJ-01-1344 September 5, 2001 - LYDIO ARCILLA, ET AL. v. LUCIO PALAYPAYON, ET AL.

  • G.R. No. 128145 September 5, 2001 - J.C. LOPEZ & ASSOCIATES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 133886 September 5, 2001 - PEOPLE OF THE PHILIPPINES v. OSCAR PARBA

  • G.R. No. 134101 September 5, 2001 - PEOPLE OF THE PHIL. v. FELINO O. LLANITA

  • G.R. No. 136054 September 5, 2001 - SEVERINA SAN MIGUEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 132714 September 6, 2001 - PEOPLE OF THE PHIL. v. RENATO LALINGJAMAN

  • G.R. Nos. 139064-66 September 6, 2001 - PEOPLE OF THE PHIL. v. ALBERTO ARCE

  • G.R. No. 140529 September 6, 2001 - JOSE P. LOPEZ v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141400 September 6, 2001 - PEOPLE OF THE PHIL. v. EVANGELINE GANENAS

  • Admin. Case. No. 4863 September 7, 2001 - URBAN BANK v. ATTY. MAGDALENO M. PEÑA

  • G.R. No. 114858-59 September 7, 2001 - COLUMBUS PHILIPPINES BUS CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 126352 September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.

  • G.R. No. 127261 September 7, 2001 - VISAYAN SURETY & INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129644 September 7, 2001 - CHINA BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131805 September 7, 2001 - PEOPLE OF THE PHIL. v. GREGORIO HERMOSA, ET AL.

  • G.R. No. 132064 September 7, 2001 - PEOPLE OF THE PHIL. v. ISAGANI BAYENG, ET AL.

  • G.R. No. 132320 September 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO OJERIO

  • G.R. Nos. 135402-03 September 7, 2001 - PEOPLE OF THE PHIL. v. IAN GONZAGA

  • G.R. No. 136779 September 7, 2001 - PEOPLE OF THE PHIL. v. ARNEL ASUNCION

  • G.R. No. 142065 September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR

  • G.R. No. 142875 September 7, 2001 - EDGAR AGUSTILO v. COURT OF APPEALS, ET AL.

  • G.R. No. 144877 September 7, 2001 - DEVELOPMENT BANK OF THE PHIL. v. VERONICA AGUIRRE, ET AL.

  • A.M. No. P-01-1506 September 10, 2001 - GEORGE S. BICBIC v. DHALIA E. BORROMEO

  • G.R. Nos. 104769 & 135016 September 10, 2001 - AFP MUTUAL BENEFIT ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118943 September 10, 2001 - MARIO HORNALES v. NLRC, ET AL.

  • G.R. No. 130362 September 10, 2001 - INT’L FLAVORS & FRAGRANCES (PHIL.) v. MERLIN J. ARGOS, ET AL.

  • G.R. No. 138485 September 10, 2001 - DR. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 141970 September 10, 2001 - METROPOLITAN BANK v. FLORO T. ALEJO

  • G.R. No. 145588 September 10, 2001 - ESPERIDION LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140398 September 11, 2001 - FRANCISCO DELA MERCED, ET AL. v. GSIS, ET AL.

  • G.R. No. 121877 September 12, 2001 - PEOPLE OF THE PHIL v. ERLINDA GONZALES

  • G.R. Nos. 138431-36 September 12, 2001 - PEOPLE OF THE PHIL. v. DIOSCORA M. ARABIA, ET AL.

  • G.R. No. 140903 September 12, 2001 - HENRY SY v. COMMISSION ON SETTLEMENT OF LAND PROBLEMS, ET AL.

  • A.M. No. 00-1-4-03-SC September 13, 2001 - RE: REQUEST FOR LIVE RADIO-TV COVERAGE OF THE TRIAL IN THE SANDIGANBAYAN OF THE PLUNDER CASES AGAINST FORMER PRESIDENT JOSEPH E. ESTRADA v. JOSEPH E. ESTRADA and INTEGRATED BAR OF THE PHILIPPINES

  • A.M. No. 00-4-188-RTC September 13, 2001 - REQUEST OF MR. OSCAR T. LLAMAS FOR RE-ASSIGNMENT OSCAR T. LLAMAS v. EMMANUEL LACANDOLA AND ET. AL.

  • G.R. No. 120009 September 13, 2001 - DOLE PHILIPPINES v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 122095 September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN

  • G.R. No. 127913 September 13, 2001 - RCBC v. METRO CONTAINER CORP.

  • G.R. No. 132354 September 13, 2001 - PEOPLE OF THE PHIL. v. DEOMEDES IGLESIA

  • G.R. Nos. 136840-42 September 13, 2001 - PEOPLE OF THE PHIL. v. ROMEO NAVARETTE

  • G.R. No. 137250-51 September 13, 2001 - PABLO MARGAREJO v. HON. ADELARDO ESCOSES

  • G.R. No. 138972-73 September 13, 2001 - PEOPLE OF THE PHIL. v. EUGENIO B. MARQUEZ, ET AL.

  • G.R. No. 140512 September 13, 2001 - PEOPLE OF THE PHIL. v. PETER PELERAS, ET AL.

  • G.R. No. 142043 September 13, 2001 - PEOPLE OF THE PHIL. v. NELSON BITUON

  • G.R. No. 142430 September 13, 2001 - PEOPLE OF THE PHIL. v. RONNIE QUINICIO, ET AL.

  • G.R. No. 142444 September 13, 2001 - OFELIA D. ARTUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142649 September 13, 2001 - ANTONIO C. SAN LUIS v. COURT OF APPEALS

  • G.R. No. 143702 September 13, 2001 - PEOPLE OF THE PHIL. v. ZALDY MENDOZA

  • G.R. No. 129212 September 14, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO LACUESTA, ET AL.

  • A.M. No. RTJ-00-1575 September 17, 2001 - ISAGANI RIZON v. JUDGE OSCAR E. ZERNA

  • A.M. No. RTJ 99-1498 September 17, 2001 - VICENTE P. LIM v. JUDGE JACINTA B. TAMBAGO, ET AL.

  • G.R. No. 111584 September 17, 2001 - PRODUCERS BANK OF THE PHILIPPINES v. COURT OF APPEALS and SPOUSES SALVADOR Y. CHUA and EMILIA U. CHUA

  • G.R. No. 135644 September 17, 2001 - GOVERNMENT SERVICE INSURANCE SYSTEM v. SPOUSES GONZALO and MATILDE LABUNG-DEANG

  • G.R. No. 135912 September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 138219 September 17, 2001 - GERARDO V. TAMBAOAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138943-44 September 17, 2001 - PEOPLE OF THE PHIL. v. HENRY ALMAZAN

  • G.R. No. 141209 September 17, 2001 - ANTONIA HUFANA, ET AL. v. WILLIAM ONG GENATO

  • A. C. No. 5043 September 19, 2001 - ABEDIN L. OSOP v. ATTY. V. EMMANUEL C. FONTANILLA

  • G.R. No. 135936 September 19, 2001 - THE PEOPLE OF THE PHILIPPINES v. GUALBERTO MIRADOR alias "GOLING"

  • G.R. No. 144400 September 19, 2001 - DOMINGO O. IGNACIO v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. MTJ-01-1369 September 20, 2001 - GUILLERMA D. CABAÑERO v. JUDGE ANTONIO K. CAÑON

  • A.M. No. MTJ-01-1371 September 20, 2001 - ATTY. NESCITO C. HILARIO v. JUDGE ROMEO A. QUILANTANG

  • A.M. No. RTJ-99-1472 September 20, 2001 - SPOUSES HERMINIO, ET Al. v. HON. DEMETRIO D. CALIMAG

  • A.M. No. P-01-1483 September 20, 2001 - EDNA FE F. AQUINO v. ISABELO LAVADIA

  • G.R. No. 116938 September 20, 2001 - LEONILA GARCIA-RUEDA v. REMEDIOS A. AMOR, ET AL.

  • G.R. No. 127405 September 20, 2001 - MARJORIE TOCAO and WILLIAM T. BELO v. COURT OF APPEALS and NENITA A. ANAY

  • G.R. No. 130399 September 20, 2001 - PUBLIC UTILITIES DEPARTMENT v. HON. TEOFISTO T. GUINGONA

  • G.R. Nos. 135068-72 September 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO RAMOS

  • G.R. No. 137674 September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.

  • G.R. No. 139410 September 20, 2001 - PEOPLE OF THE PHILIPPINES v. SILVERIO AGUERO

  • G.R. No. 140898 September 20, 2001 - THE PEOPLE OF THE PHILIPPINES v. JOSE ISHIKAWA AMBA

  • A.M. No. P-99-1289 September 21, 2001 - JUDGE NAPOLEON S. DIAMANTE v. ANTHONY A. ALAMBRA

  • G.R. Nos. 119609-10 September 21, 2001 - PCGG v. HONORABLE SANDIGANBAYAN (Third Division), ET AL.

  • G.R. No. 128876 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO FELIZAR y CAPULI

  • G.R. No. 132384 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MARLON GADIA

  • G.R. No. 134596 September 21, 2001 - RAYMUND ARDONIO v. THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 142889 September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO

  • G.R. No. 145416 September 21, 2001 - GOLDEN HORIZON REALTY CORPORATION v. SY CHUAN

  • A.M. No. 99-6-79-MTC September 24, 2001 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MUNICIPAL TRIAL COURT

  • A.M. No. P-01-1512 September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO

  • G.R. Nos. 132442-44 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. BERNARDINO ARANZADO

  • G.R. Nos. 135524-25 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO AGUSTIN

  • G.R. No. 141897 September 24, 2001 - METRO CONSTRUCTION v. CHATHAM PROPERTIES

  • G.R. No. 144404 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. LEODEGARIO BASCUGUIN Y AGQUIZ

  • G.R. Nos. 127759-60 September 25, 2001 - PEOPLE OF THE PHIL. v. PO3 NOEL FELICIANO

  • G.R. Nos. 134527-28 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. SERAPIO REY alias APIONG

  • G.R. Nos. 136867-68 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO GALVEZ y JEREZ

  • G.R. No. 137612 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE

  • A.C. No. 4497 September 26, 2001 - MR. and MRS. VENUSTIANO G. SABURNIDO v. ATTY. FLORANTE E. MADROÑO

  • A.C. No. 4990 September 26, 2001 - ELENA ZARATE-BUSTAMANTE and LEONORA SAVET CATABIAN v. ATTY. FLORENTINO G. LIBATIQUE

  • G.R. No. 122824 September 26, 2001 - AURORA F. IGNACIO v. VALERIANO BASILIO,

  • G.R. No. 123058 September 26, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NAPUD, JR.

  • G.R. No. 129107 September 26, 2001 - ALFONSO L. IRINGAN v. HON. COURT OF APPEALS , ET AL.

  • G.R. Nos. 129530-31 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. WILFREDO OLARTE

  • G.R. Nos. 138308-10 September 26, 2001 - THE PEOPLE OF THE PHILIPPINES v. PABLO SANTOS

  • G.R. No. 142564 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. HILGEM NERIO y GIGANTO

  • G.R. Nos. 143108-09 September 26, 2001 - REPUBLIC OF THE PHILIPPINES. v. COURT OF APPEALS

  • Adm. Case. No. 5505 September 27, 2001 - SEVERINO RAMOS v. ATTY. ELLIS JACOBA and ATTY. OLIVIA VELASCO JACOBA

  • G.R. No. 131864-65 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. SHERJOHN ARONDAIN and JOSE PRECIOSO

  • G.R. Nos. 134963-64 September 27, 2001 - ALFREDO LONG and FELIX ALMERIA v. LYDIA BASA

  • G.R. No. 137676 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. ATTY. ROBERTO DIONISIO

  • G.R. No. 144035 September 27, 2001 - PEOPLE OF THE PHIL. v. VICENTE M. BASQUEZ

  • A.M. No. P-00-1391 September 28, 2001 - LIBRADA D. TORRES v. NELSON C. CABESUELA

  • G.R. No. 122425 September 28, 2001 - FLORDELIZA H. CABUHAT v. THE HONORABLE COURT OF APPEALS

  • G.R. No. 124535 September 28, 2001 - THE RURAL BANK OF LIPA CITY, ET AL. v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 125154 September 28, 2001 - DIGNA VERGEL v. COURT OF APPEALS and DOROTEA-TAMISIN GONZALES

  • G.R. No. 125442 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FERNANDO ARELLANO y ROBLES

  • G.R. No. 127232 September 28, 2001 - GOLDENROD v. HONORABLE COURT OF APPEALS and PATHFINDER HOLDINGS (PHILIPPINES)

  • G.R. No. 127241 September 28, 2001 - LA CONSOLACION COLLEGE, ET AL. v. NLRC , ET AL.

  • G.R. No. 134128 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. GERARDO DE LAS ERAS y ZAFRA

  • G.R. No. 134928 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FILOMENO BARNUEVO. ET AL.

  • G.R. Nos. 140789-92 September 28, 2001 - THE PEOPLE OF THE PHILIPPINES v. ALIPIO CARBONELL and DIONISIO CARBONELL

  • G.R. No. 145371 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. BEN AQUINO and ROMEO AQUINO

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    G.R. No. 122095   September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 122095. September 13, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellant, v. DOMINGO DAWISAN, Accused-Appellant.

    D E C I S I O N


    BUENA, J.:


    Convicted of rape, Accused-appellant Domingo Dawisan now assails the decision 1 of the Regional Trial Court of Calbayog City, Branch 31, dated 27 March 1995, in Criminal Case No. 1590 adjudging him guilty beyond reasonable doubt of raping a 17-year old lass, and sentencing him to suffer the penalty of reclusion perpetua and to pay the sum of 50,000.00 as indemnity, and costs.chanrob1es virtua1 1aw 1ibrary

    In an information dated 13 January 1993, Accused-appellant Domingo Dawisan was charged with the rape of minor Francisca Catalan as follows:jgc:chanrobles.com.ph

    "That on or about the 12th day of December 1992, in the morning, at Brgy. Mag-ubay, Oquendo District, Calbayog City, Philippines and within the jurisdiction of this honorable court, the abovenamed accused, with lewd designs and by means of force, did then and there wilfully, unlawfully and feloniously have carnal knowledge upon the undersigned without her consent and against her will.

    "Contrary to law."cralaw virtua1aw library

    Upon being arraigned, Accused-appellant pleaded not guilty to the charge.

    As gleaned from the collective testimony of prosecution witnesses namely, Francisca Catalan, complainant; Maria Catalan, mother of Francisca; and Dr. Jose V. Ong, Officer-in-Charge of the Calbayog District Hospital, the facts of the case unfold.

    Around 11:30 A.M. of 12 December 1992, Francisca Catalan was cooking rice at their home situated in Barangay Mag-ubay, Oquendo District, Calbayog City when she was asked by her mother, Maria Catalan, to get their bolo from accused-appellant’s house which was just adjacent to the Catalan residence. 2 Maria planned to use the bolo in husking a coconut. Upon arrival at Dawisan’s house, Francisca greeted Domingo’s eight-year-old sister, Vilma, and asked the latter about the bolo. Thereafter, Francisca proceeded to the kitchen, got the bolo and, on her way out, passed in front of a bedroom where accused-appellant Domingo stayed.

    As Francisca was passing by the door of the bedroom, Domingo suddenly grabbed and dragged her towards the room, 3 covering Francisca’s mouth. As a result, Francisca lost grip of the bolo. 4 Inside the bedroom, Domingo pinned Francisca down the floor, put away the hammock, and with his right hand undressed himself by lowering his short pants and brief. 5 Accused-appellant then pulled down Francisca’s skirt and panty to just above her knees, touched Francisca’s private parts and forcefully separated her thighs to facilitate the penile invasion. 6

    Accused-appellant then had carnal knowledge of her by inserting his penis inside Francisca’s vagina. 7 Francisca tried to resist the sexual attack but "one of her hands cannot do anything because (she) had polio" ; 8 she felt weak and trembled.

    In the midst of the coerced coitus, Maria, worried that her daughter was not back yet despite the short distance between their house and the Dawisan’s — proceeded to the Dawisan household and surprised Domingo who was naked from waist down and perched on top of her daughter. 9 Stunned, Accused-appellant "immediately separate(d) from Francisca" by rolling over to the left side of the young lass. Seething with motherly indignation, Maria scouted for something to strike her daughter’s ravisher and upon seeing a piece of wood in the sala, picked it up and swung it against Domingo hitting his knee. 10 Accused-appellant then stood and fled.chanrob1es virtua1 1aw 1ibrary

    During trial, the court noted that Francisca’s right forearm was shorter than her left and the fingers of her right hand could hardly be opened. 11 In fact as a result of her condition, Francisca had to drag her right foot when she walks. 12

    At the stand, Francisca narrated that accused-appellant ravaged her for the first time on 06 December 1992 inside a room of the Dawisan’s residence were she and three of her young nieces — Marjory, Sinang and Margie — slept. Francisca testified that accused-appellant threatened to snuff out her life if she were to divulge the carnal ordeal. According to Francisca, prior to the 06 December incident, she and a few of her child relatives were allowed to sleep in the Dawisan’s residence for twelve (12) nights already, 13 as their house was demolished 14 by his father and uncles. At the time of the twin sexual assaults, Francisca’s vagina bled. 15

    Moreover, as part of its documentary evidence, the prosecution submitted a Physical Injuries Report, 16 dated 15 December 1992, prepared by Dr. Ema Cheryl Rosalado of the Calbayog District Hospital, the physician who conducted the medical examination on Francisca. However, as Dr. Rosalado was then attending a six-month Radiology service training in Manila, the prosecution presented instead the testimony of Dr. Jose V. Ong, Officer-in Charge of the said hospital.

    In opposition, the defense presented the testimonies of four (4) witnesses to lend basis to its theory of denial: accused-appellant Domingo Dawisan, 21-year-old-farmer; Eufrecina Dawisan, mother of Domingo; Vilma Dawisan, eight-year-old sister of Domingo; and Gregoria Romano, neighbor of the Dawisans.

    In his testimony, Domingo, although admitting his presence in the bedroom with the complainant, denied having sexually assaulted Francisca. Thus, according to accused-appellant, he was hired by one Banny Flor to plow the field on 12 December 1999 from 7 A.M. to 10 A.M. after which he went home to eat and rest. Upon reaching their house, Domingo lay on a hammock and slept inside the bedroom as he was exhausted from work in the field. He was only doused from slumber when someone sat beside him on the hammock — Francisca Catalan. Thereafter without any warning, Maria Catalan barged into the room and upon seeing Domingo and Francisca beside each other, immediately struck accused-appellant with a piece of wood which caused him injuries. Domingo underwent a medical examination conducted by Dr. Jean Manoza of the Calbayog District Hospital upon which a corresponding Physical Injuries Report 17 was issued. Records show that Domingo was physically examined six (6) days after the infliction of the injury. 18

    On the stand, Accused-appellant averred that the rape case was filed against him inasmuch as Maria Catalan sensed that he was pressing charges as a result of the physical injuries she inflicted on him (Domingo) by her. Further, Accused-appellant saw nothing wrong in the act of Francisca sitting beside him on the hammock.

    In the course of trial, Eufrecina Dawisan corroborated the narration of her son Domingo. Eufrecina testified that at the time of the commission of the crime, she was feeding the hogs at their backyard when Francisca arrived and upon her permission — entered the kitchen and got the bolo. 19 Thereafter, Francisca went inside the room where Domingo was lying on a hammock.

    According to Eufrecina, she eventually saw Maria Catalan enter the room. Then from the stairway, 20 Eufrecina heard a commotion occurring inside the room; she "learned that (her) son was struck by Maria." 21

    On cross-examination, Eufrecina thought of no reason why her son would be charged with so grave an offense; she alleged that prior to the 12 December incident, she and Maria Catalan treated each other as sisters and good friends.chanrob1es virtua1 1aw 1ibrary

    The respective testimonies of Domingo and Eufrecina were further corroborated by the recollection of eight-year-old Vilma Dawisan who testified that she saw Francisca go "to the kitchen to get the bolo", enter the room and sit on the hammock where Domingo was resting. 22

    On 27 March 1995, the trial court rendered its judgment of conviction, the decretal part of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, as sustained by the evidence, the Court finds the accused GUILTY beyond reasonable doubt of the crime of rape as charged in the complaint and as punished under Article 335 of the Revised Penal Code, and is hereby sentenced to suffer the penalty of RECLUSION PERPETUA, with all the accessory penalties under the law, and to pay the costs. The accused is further ordered to indemnify the offended party the sum of P50,000.00.

    "SO ORDERED."cralaw virtua1aw library

    In this appeal, the defense ascribed to the trial court the following errors:jgc:chanrobles.com.ph

    "I. The lower court erred in finding that the accused-appellant had carnal knowledge of the offended party.

    "II. The lower court erred in convicting the accused-appellant as the testimonial and documentary evidence presented are insufficient to prove that the accused-appellant was guilty beyond reasonable doubt."cralaw virtua1aw library

    The appeal is without merit; the verdict of conviction necessarily stands. Through the collective testimony of its witnesses, the prosecution indubitably established — with moral certainty — not only the commission of the felony but also the precise culpability and identity of the perpetrator thereof — accused-appellant Domingo Dawisan.

    In the course of trial, victim Francisca Catalan narrated the rueful ordeal that transpired on 12 December 1992 where accused-appellant dragged her inside the bedroom and succeeded in having carnal knowledge of her under circumstances of force.

    Jurisprudence is crystalline that penile invasion entails contact with the labia and even the briefest of the contact under circumstances of force, intimidation or unconsciousness, even without rapture of the hymen, consummates the crime of rape. 23 To be sure, the gravamen of the offense of rape is sexual intercourse without consent. 24

    Thus, Francisca on the witness stand recounted the rape:25cralaw:red

    "A: . . . He pressed my thighs forcefully with his hands so that he will be able to insert his organ successfully and he was already in the act of sexual intercourse moving up and down.chanrob1es virtua1 1aw 1ibrary

    "x       x       x

    "Q: And he was able to do a sexual intercourse with you holding your mouth (with) his hand and the other one is holding your thighs?

    "A: Yes.

    "x       x       x

    "Q: But of course you were resisting?

    "A: Yes.

    "Q: Why did you not bite his hand?

    "A: I did but he was strong.

    "x       x       x

    "Q: The accused [was] succeeded in inserting his organ into your organ?

    "A: Yes his genital organ was inside my vagina.

    "Q: All the entire penis was inserted in your organ?

    "A: Yes and he did not make any excretion.

    x       x       x


    Q: While he (was) doing the act of having sexual intercourse with you, your mother arrived, is that correct?

    A: Yes, he was caught and his body was on top of me.

    "x       x       x

    "Q: And what did your mother do?

    "A: My mother surprised him by saying ‘What are you doing to my daughter,’ immediately he disengaged himself away from me.

    "x       x       x

    "A: He disengaged himself away from me rolling at my side.

    "Court:chanrob1es virtual 1aw library

    Meaning, that he turned his body and lie (sic) face up?

    "A: Yes." (Emphasis ours)

    In this specie of offense, the lone testimony of the complainant — if credible, straightforward, convincing and otherwise consistent with human nature and the ordinary course of things — may stand as the robust pillar of conviction. Stated differently, the complainant’s credibility in an indictment for rape partakes outmost significance and assumes consideration in its primary sense.

    Corollarily, the testimony of a rape victim as to who abused her is credible where she had no motive to testify against the accused. 26 As borne by the records, Francisca, prior to the incident, looked up to Domingo as if he were her elder brother. 27 In like manner, Accused-appellant Domingo admitted that he treated Francisca as a sister. 28 Moreover, it defies logic and reason that a victim of rape and her family would publicly disclose the incident and thus sully their honor and reputation in the community unless it is true. 29 To our mind, victim Francisca Catalan, in mustering courage to reveal the dastardly act of her ravisher, spoke only one language — that which justice knows and speaks — the truth.chanrob1es virtua1 1aw 1ibrary

    Of greater importance is that during trial, Francisca unwavered in positively identifying accused-appellant as the assailant of her person and honor and the devious author of the sexual incursion. Even further on cross-examination, she clung tenaciously to her story of woe and withstood the artillery of queries unleashed by the defense. Worth stressing too is the fact that the recollection of Maria Catalan corroborated the testimony of the victim that accused appellant indeed had carnal knowledge of Francisca inside the bedroom of Dawisan’s residence.

    As to the witnesses’ deportment, conduct and manner of testifying, the trial court articulated this observation 30 :jgc:chanrobles.com.ph

    ". . . The candid narration of the incident by the complainant reveals that (she) was really sexually abused. She would not have submitted to the indignities of physical examination of her private parts, undergo public trial and narrate the details of the incident if she (were) not in fact raped. The testimony of Maria Catalan was direct and clear — that when she went up (to) the house of the accused she overtook (sic) the accused on top of her daughter and having sexual intercourse with the latter; that the accused was naked and his male organ exposed, and that when she uttered ‘What are you doing to my daughter?’, the accused immediately disengaged from her daughter and that she (Maria) struck the accused with a piece of wood.

    "On the other hand, the testimonies of the accused and his witnesses are not worth believing. The testimony of the accused was incredible. The Court observed (that) Gregoria Romano (was) not an eyewitness to the incident. Portions of the testimony of Eufrecina Dawisan were biased and not credible. Vilma Dawisan’s testimony was clearly shown to be coached and rehearsed. Several questions asked though simple, were unanswered by her. The Court thus holds and as sustained by jurisprudence, that as between the positive declarations of the prosecution witnesses and the negative statements of the accused, the former deserve more credence and weight . . ."cralaw virtua1aw library

    True enough, the testimonies of defense witnesses who did not actually see the commission of the offense cannot prevail over the positive testimony of the complainant that she was raped by the accused. 31

    The defense further posits that no rape occurred considering that the medico-legal report disclosed "no findings of any fresh contusion, injury, wound or laceration in any part of the offended party’s body (i.e., wrist, hand, arms, mouth, thighs) including her genital organ."cralaw virtua1aw library

    On this matter, our pronouncement in People v. Gabayron 32 takes fore, to wit:jgc:chanrobles.com.ph

    ". . . For rape to be consummated, rupture of the hymen is not necessary, nor is it necessary that the vagina sustained a laceration . . . Presence of a laceration in the vagina is not an essential prerequisite to prove that a victim has been raped. Research in medicine even points out that negative findings are of no significance, since the hymen may not be torn despite repeated coitus. In fact many cases of pregnancy have been reported in women with unruptured hymen. Entry of the labia or lips of the female organ merely, without rupture of the hymen or laceration of the vagina, is sufficient to warrant conviction . . ." chanrob1es virtua1 1aw 1ibrary

    Under these circumstances, the absence of fresh lacerations on Francisca’s vagina does not prove that she was not raped. Thus, in People v. Sapurco, 33 where as in the case before us, the medical examination of the victim was conducted a day after the sexual assault, we upheld the conviction of accused-appellant Marciano Sapurco fully cognizant of the principle that it is possible to consummate the crime of rape without the infliction of lacerations in the female organ. Similarly in People v. Ngo, 34 this Court, in affirming the conviction of accused-appellant Rodolfo Ngo, ratiocinated that notwithstanding the fact that lacerations on the complainant’s vagina were no longer bleeding when she was examined the day after the commission of the crime charged does not preclude a finding that she was raped in the manner testified to by her; 35 the absence of any external signs or physical injuries does not negate the commission of the rape. 36 (Emphasis ours)

    Beyond this, even absent a medical examination, the accused can still be convicted of rape provided that the testimony of the complainant meets the test of credibility 37 and inexorably points to the accused as the author of the despicable offense. A medical certificate after all is not indispensable to prove the commission of rape. 38

    As to the 06 December 1992 incident, we firmly hold that accused-appellant may not be convicted therefor without violating Domingo’s rights protected by no less than the fundamental law itself. Consistent with the constitutional right to be informed of the nature and cause of accusation against him, an accused cannot be held liable for more than what he was charged. 39 There can only be one conviction for rape if the information charges only one offense, even if the evidence shows that more than one was in fact committed. The right of a person to be informed of the nature and cause of accusation against him cannot be waived for reasons of public policy. Complainant’s tale on the alleged rape not charged in the information may be taken only as proof of specific intent, knowledge, plan, system or scheme. 40

    In line with current jurisprudence, 41 we agree with the trial court in imposing the sum of P50,000.00 as civil indemnity without need of proof other than the fact of the commission of the offense. Still, this Court awards the payment of P50,000.00 as moral damages taking into consideration that Francisca was a minor of seventeen (17) years at the time of the rape 42 and considering too the immeasurable havoc on her feminine psyche 43 as a result of this odious crime.

    WHEREFORE, in view of the foregoing, the judgment appealed from is hereby AFFIRMED, with the modification that an additional sum of P50,000.000 is awarded to the victim as moral damages. With costs.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Bellosillo, Mendoza, Quisumbing and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Rollo, pp. 18-26.

    2. The distance between the Catalan residence and the Dawisan house is around five (5) meters.

    3. TSN, 17 March 1993, p.8.

    4. Ibid., p.5.

    5. "Accused-appellant was naked up to his knees.", TSN, 13 April 1994, p. 54.

    6. TSN, 18 March 1993, p. 12.

    7. "His (Domingo’s) genital organ entered into mine" TSN 17 March 1993, p. 9.

    8. "Francisca’s right hand was afflicted with polio.", Ibid., p.20.

    9. TSN, 13 April 1994, p. 30.

    10. Ibid., p.41.

    11. TSN, 18 Match 1993, p. 20.

    12. TSN, 18 March 1993, p. 8.

    13. TSN, 18 March 1993, p. 20.

    14. TSN, 13 April 1994, p. 49.

    15. TSN, 18 March 1993, p. 18.

    16. Exhibit "A" .

    17. Exhibit "3" .

    18. TSN, 29 August 1994, p.55.

    19. TSN, 25 July 1994, p. 10.

    20. Ibid., p. 12.

    21. Ibid.

    22. Ibid., p. 38.

    23. People v. Evangelista, 282 SCRA 37 [1997].

    24. People v. Tan, Jr. 264 SCRA 425 [1996].

    25. TSN, 18 March 1993 pp. 12-16.

    26. People v. De la Torre, 272 SCRA 615 [1997].

    27. TSN, 18 March 1993, p. 22.

    28. TSN, 29 August 1994, p. 64.

    29. People v. Travero, 276 SCRA 301 [1997].

    30. Rollo, p. 25.

    31. People v. Balisnomo, 265 SCRA 98 [1996].

    32. 278 SCRA 78 [1997].

    33. 245 SCRA 519 [1995].

    34. 202 SCRA 549 [1991].

    35. People v. Julian, 270 SCRA 733 [1997].

    36. People v. Alimon, 257 SCRA 658 [1996].

    37. People v. Rabosa, 273 SCRA 142 [1997].

    38. People v. Quiamco, 268 SCRA 516 [1997].

    39. People v. De Guzman, 265 SCRA 228 [1997].

    40. People v. Antido, 278 SCRA 425 [1997]; Rules of Court, Section 34, Rule 130.

    41. People v. Caballes, 274 SCRA 83 [1997]; People v. Adora, 275 SCRA 441 [1997].

    42. People v. Tabalesma, 277 SCRA 536, [1997] "The Supreme Court has awarded moral damages of P50,000.00 in the rape of young girls with ages ranging from thirteen to nineteen years . . ."cralaw virtua1aw library

    43. People v. Erese, 281 SCRA 316 [1997].

    G.R. No. 122095   September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN


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