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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. 128876   September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO FELIZAR y CAPULI

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 128876. September 21, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANOLITO FELIZAR y CAPULI, Accused-Appellant.

    D E C I S I O N


    PARDO, J.:


    The case is an appeal from the decision 1 of the Regional Trial Court, Branch 114, Pasay City, finding accused Manolito Felizar y Capuli 2 guilty beyond reasonable doubt of rape and sentencing him to reclusion perpetua and to indemnify the complainant Gina Teoxon 3 in the amount of P150,000.00 and to pay a fine of P20,000.00, and the costs.chanrob1es virtua1 1aw 1ibrary

    On December 4, 1995, asst. city prosecutor of Pasay City Leopoldo C. Lluz filed with the Regional Trial Court, Pasay City, an information 4 charging accused Manolito Felizar y Capuli with rape, reading as follows:jgc:chanrobles.com.ph

    "That on or about the 26th day of November 1995, in Pasay City, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, Manolito Felizar y Capuli, by means of force and intimidation employed upon the person of Gina Tiozon y Fernandez, did then and there wilfully, unlawfully and feloniously have carnal knowledge of the said complainant Gina Tiozon y Fernandez against her will and consent.

    "Contrary to law."cralaw virtua1aw library

    On December 14, 1995, the trial court arraigned the accused. He pleaded not guilty. 5 Trial ensued.

    Complainant Gina F. Teoxon hails from Panuto, Pandan, Catanduanes. She came to Manila on October 30, 1995, to enroll in college, but she was late for the second semester. She lived with her maternal aunt Divina Custodio in Bacoor, Cavite. 6

    Divina has a canteen in the Paliparan Bus Terminal, in Tambo, Parañaque, and a dry goods stall in Baclaran. Gina, while waiting to enroll for the next semester, helped in the household chores, acted as cashier and saleslady in the canteen and in the stall of her aunt Divina. 7chanrob1es virtua1 1aw 1ibrary

    On November 3, 1995, Gina started working in the canteen. She noticed accused Manolito Felizar (or Chito), a jeepney driver who used to eat in the canteen of her aunt Divina everyday. Initially, she said that she did not know him, but she later retracted and stated that she knew accused Felizar. 8

    On November 26, 1995, at around 6:45 in the evening, Gina was waiting for a ride going to her aunt Divina’s store in Baclaran. Accused Felizar passed by in front of her and told her that he was also on his way to Baclaran. Gina, therefore, boarded his jeepney. She sat in the front seat. There were no other passengers. 9

    Accused Felizar did not stop the jeepney in front of Divina’s store at Baclaran. Gina became frightened. She could not shout for help because accused Felizar was driving fast and there were not many people around. 10

    Accused Felizar brought Gina to the Blue Marlin Hotel, 11 a motel in Pasay City. Accused Felizar asked her to alight from the jeepney, and when she refused to do so, he poked a knife ("balisong") at her side and threatened her. A room boy led them to a room upstairs. 12

    When the room boy left, Accused Felizar turned off the lights and started to caress Gina. Gina tried to ward him off by slapping him, but he overpowered her and she got frightened because he was still holding the "balisong." Accused Felizar succeeded in having coitus with her three times. 13

    In his defense, Accused Felizar claimed that the intercourse was consensual and voluntary. Gina became his sweetheart about two weeks prior to the incident on November 26, 1995. He never intended to sleep with her, but Gina, after they heard the evening mass, asked him to prove his love for her. He asked her if she was willing to go with him. She answered that she would go with him anywhere. Taking that as a cue, he brought her to a motel. 14

    Accused Felizar likewise denied having threatened Gina with a "balisong" from the moment she alighted from the jeepney until the consummation of the sexual act. 15 To support his claim, he presented the Administrative Assistant of Blue Marlin Hotel, Mr. Jose Lim. Mr. Lim testified that it is part of the Standard Operating Procedure of the hotel not to let hesitant guests in, thus:chanrob1es virtua1 1aw 1ibrary

    Q: What is your SOP?

    A: Our SOP is, we will establish if the guests or customers who enter our premises, if there is a sign of resistance from the guests, automatically, the guests will not be allowed to enter the room.

    Q: Aside from that [what] else?

    A: If there is also a harassment or take advantage to the other customers, the same SOP will follow, sir.

    Q: Under this circumstances you do not permit any guest/s to enter your motel?

    A: Yes, sir.chanrob1es virtua1 1aw 1ibrary

    x       x       x


    Q: When a guest arrived and check-in your motel, what do you usually do, if any?

    A: We assist them to go to the room, sir.

    Q: Who assist the guest?

    A: Our room boys, sir.

    Q: Is it possible for the guest to enter the room without the assistance of a room boy?

    A: No sir. 16

    To bolster his claim that there was no rape, Accused offered the testimony of Ms. Irene Pador, a vendor at the Paliparan Terminal, who happened to see him and Gina in the wee hours of November 27, 1995, just a few hours after the alleged rape. Ms. Pador testified, thus:chanrob1es virtual 1aw library

    Q: Sometime on November 27, 1995 at 2:00 in the morning, more or less, where were you?

    A: I was washing clothes.

    Q: While doing your laundry . . ., have you noticed any unusual incident that happened?

    A: Nothing, sir, we just saw a jeep came in.

    Q: Whose jeep did you notice entered the terminal?

    A: Chito’s [Manolito Felizar’s] jeep, sir.chanrob1es virtua1 1aw 1ibrary

    Q: Now when according to you a jeep entered the terminal, being driven by Chito, the accused in this case, what happened, if any?

    A: He parked the jeep in front of the store of Divina Custodio, sir.

    Q: [What] happened when he parked it in front of the store of Divina Custodio?

    A: They alighted from the jeep, sir.

    Q: Who they?

    A: Gina Teoxon and Chito, sir.

    Q: Did you see what they did in front of the store?

    A: They were holding each other’s arms.

    Q: After you saw the accused and the private complainant holding each other’s arms, what happened after that?

    A: Then they boarded the jeep again.

    Q: After they returned to the jeep, what happened, if any?

    A: After I saw both of them boarded the jeep again . . ., I approached the jeep and saw Gina with her head resting on the lap of Chito.

    Q: When you saw them in that position, what did you do, if any?

    A: I told Chito: "Hoy, happy go lucky kayo ngayon" and Chito only smiled at me.

    Q: When you uttered those words to Chito, where was Gina at that time?

    A: She was lying with her head still on Chito’s lap.

    Q: What reaction, if any, did Gina do when you uttered those words?

    A: She only smiled at me. 17

    On February 27, 1997, the trial court rendered a decision, the dispositive portion of which reads as follows:chanrob1es virtua1 1aw 1ibrary

    "WHEREFORE, the Court finds the accused MANOLITO FELIZAR y CAPULI GUILTY beyond reasonable doubt as principal for the crime of rape defined and penalized under Article 335 of the Revised Penal Code, and sentences him to suffer the penalty of reclusion perpetua and to indemnify private complainant Gina Teoxon the amount of P150,000.00 pesos and to pay a fine of P20,000.00 and the costs.

    "SO ORDERED.

    "GIVEN, this 29th day of January, 1997, Pasay City, Metro Manila, Philippines.

    "(Sgd.) VICENTE L. YAP

    "Judge" 18 .

    Hence, this appeal. 19

    Accused-appellant claimed that the trial court erred in giving full credence to the testimony of the complainant and in not holding that the sexual accord between him and complainant was voluntary and consensual. 20

    We find the appeal meritorious.

    There is sufficient evidence which belie complainant’s claim that she was raped. The allegation that accused-appellant used force to satisfy his lust is unsubstantiated.

    Firstly, complainant voluntarily rode in accused-appellant’s jeepney. The jeepney had no passengers and it did not carry any signboard at that time to indicate that it was plying its regular route, 21 yet she boarded it and even chose to sit in front.

    Secondly, it was improbable that accused-appellant poked a knife at her side from the moment she alighted from the jeepney when they were at the motel. They were assisted by a room boy until they reached the room, and it would have been readily noticed if accused-appellant was employing force on complainant. If so, they would not have been allowed to enter the motel in the first place. 22

    Thirdly, it is also incredible that accused-appellant used the balisong even during the sexual intercourse. The Medico Legal Report 23 showed that complainant had no extra-genital injuries. There was only a love bite (contusion on the antero-lateral aspect) on her neck which, according to the testimony of the expert witness Dr. Aurea Villena, could not have been caused by a blunt object. 24 The claim of accused-appellant that the sexual congress was between two consenting adults acquires credence.

    The trial court relied so much on the fact that complainant came from a remote area in the province of Catanduanes, and was thus naive on the ways of the world. However, "in this age of permissiveness, the virtuous Maria Claras who need only to shout rape to get a conviction are now rare breeds" 25 and courts must regard with utmost caution and not just accept with precipitate credulity the testimony of complainant. 26

    In rape cases, conviction hinges solely on the testimony of the complainant, and evidence for the prosecution must stand or fall on its own merit. 27 Proof beyond reasonable doubt acquires more relevance since rape charges are easy to concoct and difficult to defend. 28 When there are material improbabilities in complainant’s testimony, 29 an accused’s constitutional presumption of innocence is not overcome. 30

    WHEREFORE, the decision of the trial court is hereby REVERSED and SET ASIDE. Accused-appellant MANOLITO FELIZAR y CAPULI is ACQUITTED of the crime charged on reasonable doubt. The Director of Corrections is hereby directed to forthwith release accused-appellant unless he is held for another case, and to inform the Court of the action taken hereon within ten (10) days from notice.chanrob1es virtua1 1aw 1ibrary

    Costs de oficio.

    SO ORDERED.

    Davide, Jr., C.J., Puno, Kapunan, and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. In Criminal Case No. 96-8032. Judge Vicente L. Yap, presiding (Original Record, pp. 527-543; Rollo, pp. 29-46).

    2. The Information bears "Apuli" as accused’s middle name, but it was later on corrected to "Capuli" (TSN, January 16, 1996, p. 6).

    3. Her surname is spelled either "Tioxon", "Tiozon" or "Teoxon" in the record.

    4. Original Record, p. 2.

    5. Ibid., p. 8.

    6. TSN, January 16, 1996, pp. 4-5.

    7. Ibid., p. 5.

    8. TSN, January 24, 1996, pp. 9, 17; TSN, February 21, 1996, pp. 22-23.

    9. TSN, January 16, 1996, pp. 7-8; TSN, January 24, 1996, pp. 10-13.

    10. TSN, February 21, 1996, pp. 36-40.

    11. Ibid., p. 41.

    12. TSN, January 24, 1996, pp. 18-21.

    13. Ibid., pp. 22-30; TSN, January 30, 1996, p. 11.

    14. TSN, August 6, 1996, pp. 11, 18, 20-21, 23-24.

    15. TSN, August 21, 1996, p. 26.

    16. TSN, July 31, 1996, pp. 11-12.

    17. TSN, September 19, 1996, pp. 26-30.

    18. Original Record, p. 543, Rollo, p. 46.

    19. Original Record, p. 547, Rollo, p. 47. On October 15, 1997, we accepted the appeal (Rollo, p. 48).

    20. Appellant’s Brief, pp. 1-2 (Rollo, p. 57, et seq.).

    21. TSN, January 24, 1996, p. 13.

    22. TSN, July 31, 1996, pp. 11-12.

    23. Exh "B", Exh "I" .

    24. TSN, February 14, 1996, pp. 20-21; TSN, March 5, 1996, pp. 4-5, 15.

    25. People v. Medel, 350 Phil. 208, 226 [1998].

    26. People v. Domogoy, 364 Phil. 547, 558 [1999].

    27. People v. Mahinay, 362 Phil. 86, 101 [1999]; People v. Manggasin, 365 Phil. 683, 697 [1999]; People v. Dizon, 309 SCRA 669, 684 [1999]; People v. Mijano, 311 SCRA 81, 87 [1999].

    28. People v. Vidal, 367 Phil. 268, 286 [1999].

    29. People v. Ladrillo, 320 SCRA 61, 74 [1999].

    30. People v. Bravo, 318 SCRA 812, 825 [1999]; People v. Laguerta, G.R. No. 132783, October 30, 2000.

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


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