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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. 123058   September  26, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NAPUD, JR.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 123058. September 26, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALFREDO NAPUD, JR., TOMAS AMBURGO, and ROMEL BRILLO (at large), Accused, ALFREDO NAPUD, JR., Accused-Appellant.

    D E C I S I O N


    QUISUMBING, J.:


    On appeal is the decision 1 of the Regional Trial Court of Iloilo City, Branch 37, in Criminal Cases Nos. 44262 (Robbery with Rape), 44263 (Rape), and 44264 (Forcible Abduction with Rape), which decreed as follows:chanrob1es virtual 1aw library

    WHEREFORE, in view of the foregoing considerations this Court finds the accused ALFREDO NAPUD, JR., in Criminal Case No. 44262 (guilty) of the complex crime of Robbery with Rape and hereby sentences him to an indeterminate penalty of Ten (10) Years and Eight (8) Months of Prision Mayor as Minimum to Seventeen (17) Years and One (1) Day of Reclusion Temporal as Maximum; whereas finding the accused TOMAS AMBURGO Guilty beyond reasonable doubt of the crime of Robbery in an inhabited house and hereby sentences him to suffer the indeterminate penalty of Six (6) Years and One (1) Day of Prision Mayor as Minimum to Twelve (12) Years and One (1) Day of Reclusion Temporal as Maximum. Both accused are ordered to indemnify the victims the amount of P1,000. Accused Alfredo Napud, Jr., is further ordered to pay his victim, Evelyn Cantiller, P30,000.00 as moral damages.chanrob1es virtua1 law library

    In Criminal Case No. 44263 for Rape, this Court finds the accused ALFREDO NAPUD, JR., and TOMAS AMBURGO Guilty beyond reasonable doubt of the crime of Rape and hereby sentences each of the accused to suffer the penalty of Reclusion Perpetua.

    Both accused are ordered jointly and severally to indemnify the victim Esmaylita Benedicto the sum of P30,000.00 as moral damages.

    In Criminal Case No. 44264 for Forcible Abduction with Rape, it is the finding of this Court that the crime of forcible abduction is absorbed by rape when the main objective of the accused is to rape the victim. That being the case and since the accused have already been found guilty for rape in Criminal Case No. 44263, said crimes of rape being likewise the same offense charged with forcible abduction in this case, this case is deemed assimilated with Criminal Case No. 44263 as far as the sentence for rape is concerned, the accused suffering only the penalty in the above-entitled case.

    This judgment is without prejudice to the case of their co-accused Romel Brillo, who is presently at large if and when he is apprehended and brought under the jurisdiction of this Court.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED. 2

    The facts gleaned from the records are as follows:chanrob1es virtual 1aw library

    At around 1:00 A.M. on September 21, 1994, appellant with his co- accused, Tomas Amburgo and Romel Brillo, went to the house of the spouses Esmaylita and Ernesto Benedicto at Barangay Jibolo, Janiuay, Iloilo. Amburgo called aloud for the occupants of the house to come down. The Benedictos were awakened by the call, but just kept quiet since they sensed that it would be dangerous to respond. Unable to elicit any response from the Benedictos, the trio then approached the house of Esmaylita’s parents, the spouses Evelyn and Manuel Cantiller, just a few meters away. Again, they called for the residents of the house to come down. The Cantillers were awakened by the call but chose to remain silent. Their grandson Greg Cantiller, who was staying with them, also remained quiet.chanrob1es virtua1 1aw 1ibrary

    Minutes later, Amburgo forcibly pushed the door of the Cantillers’ house open. He found Evelyn and Manuel lying on the floor. Amburgo at once pinned down Manuel’s head. Meanwhile, appellant broke into the chicken coop beneath the Benedictos’ house, caught ten (10) chickens, and handed them to Brillo who was waiting outside. Appellant then barged into the Cantillers’ house. He asked Manuel if he had a daughter in the house. The latter said he didn’t. Appellant then told the 59 year-old Evelyn Cantiller to step out of the house. He led her to the back of the house and told her to undress. When she refused, appellant threatened her with a knife. Out of fear, Evelyn removed her skirt, appellant then raped her. After a few minutes of coitus, appellant asked Evelyn to assume the woman-on-top position. Warning her that she and her husband would be killed should she attempt to flee, appellant then had Evelyn mount him. The rape was ended when Amburgo saw them and asked appellant to stop, reminding the latter that Evelyn was an old woman.

    Amburgo then grabbed Greg Cantiller and ordered him to summon the Benedictos. Greg did as he was told, but the Benedictos would not respond. Angered, Amburgo threatened to burn down their house. Left with no choice, the Benedictos stepped out. Amburgo then ordered Greg to return to the Cantillers’ residence.

    Once outside, Esmaylita explained that her husband, Ernesto, had a stomach ailment. Ernesto then asked permission to answer a call of nature. Amburgo acceded to his request but warned Ernesto not to flee or report to the authorities. When Ernesto failed to return, Amburgo then grabbed Esmaylita and brought her to a banana plantation located in Barangay Calansonan, some 1- kilometers away from her house. Still wielding his knife, Amburgo commanded her to lie down. He removed her lower garments, lay on top of her, and had sexual intercourse with her. Esmaylita pleaded with him to stop as she had a small child, but Amburgo threatened to knife her. After Amburgo’s lust was spent, he told Esmaylita to put on her clothes and brought her over to appellant, who had been watching the whole affair from a short distance.chanrob1es virtua1 1aw 1ibrary

    Appellant dragged Esmaylita some distance away from Amburgo. He forcibly stripped her naked. He then told her to lie down. When Esmaylita refused, appellant poked a knife at her and made signs that he would kill her. Faced with imminent death, Esmaylita obeyed. Appellant had intercourse with her. After some minutes, appellant made Esmaylita stand up. Esmaylita begged to be allowed to go home, but appellant ignored her and ordered her to sit on top of him. Esmaylita remained motionless as he put his organ into her vagina. Angered, appellant ordered her to do what she usually does with her husband. Esmaylita then made up-and-down motions with her buttocks. After some five minutes of sexual intercourse, appellant made her stand up, forced her legs apart, and again inserted his penis inside her vagina. Appellant then had sexual intercourse with her until his lust was satisfied. At around four o’clock in the morning, Esmaylita was finally released and allowed to go home.

    Meanwhile, Esmaylita’s husband, Ernesto, had fled to the house of their barangay councilor located a kilometer away from the Benedicto house and reported the incident. The barangay official then accompanied Ernesto to the nearest police detachment. When Ernesto and the law enforcers arrived at the Benedicto house, Esmaylita was already there. She told them that she had been raped.

    On November 3, 1994, the Provincial Prosecutor of Iloilo filed an information for Robbery with Rape against appellant and his co-accused with the Regional Trial Court of Iloilo City. Docketed as Criminal Case No. 44262, the accusative portion of the charge sheet reads:chanrob1es virtual 1aw library

    That on or about the 21st day of September, 1994, in the Municipality of Janiuay, Province of Iloilo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping one another to better realize their purpose, armed with a butcher’s knives (pinute) by means of violence against or intimidation of persons, with intent to gain did then and there willfully, unlawfully and feloniously take, steal and carry away ten (10) heads of chicken valued at ONE THOUSAND PESOS (P1,000), Philippine Currency, owned and belonging to Spouses Manuel and Evelyn Cantiller and to their damage and prejudice in the aforesaid amount; that on the occasion or by reason of the said robbery, the accused Alfredo Napud, Jr., armed with a butcher’s knife (pinute) in pursuance of their conspiracy, with deliberate intent and lewd design by means of force and intimidation did then and there willfully, unlawfully and feloniously have sexual intercourse with Evelyn Cantiller, against her will and consent.

    CONTRARY TO LAW. 3

    On the same day, Esmaylita also filed two separate complaints, one for rape and another for forcible abduction with rape. In Criminal Case No. 44263 for rape, the complaint alleged:chanrob1es virtual 1aw library

    That on or about the 21st day of September, 1994, in the Municipality of Janiuay, Province of Iloilo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Alfredo Napud Jr. conspiring, confederating with Tomas Amburgo to better realize their purpose and armed with a butcher’s knife (pinute) with deliberate intent and lewd design by means of force and intimidation, did then and there willfully, unlawfully and feloniously have sexual intercourse with the undersigned against her will and consent, after Tomas Amburgo had raped her.

    CONTRARY TO LAW. 4

    In Criminal Case No. 44264, Esmaylita charged the accused as follows:chanrob1es virtual 1aw library

    That on or about the 21st day of September, 1994, in the Municipality of Janiuay, Province of Iloilo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping one another to better realize their purpose by means of force, violence, threats and intimidation, and with lewd design did then and there willfully, unlawfully and feloniously take and carry away the offended party against her will from their residence at Brgy. Jibolo, Janiuay, Iloilo to a place about a kilometer and a half away and once thereat, by means of violence and intimidation Tomas Amburgo did then and there willfully, unlawfully and feloniously have carnal knowledge of her against her will and consent while Alfredo Napud Jr. stood by keeping watch.chanrob1es virtua1 1aw 1ibrary

    CONTRARY TO LAW. 5

    When arraigned in each of the three cases, both Napud and Amburgo pleaded not guilty to the charges. The third accused, Romel Brillo, has remained at large.

    Both Amburgo and Napud raised the defense of denial and alibi. The trial court summed up Napud’s version as follows:chanrob1es virtual 1aw library

    Accused Alfredo Napud, Jr., alleged that in the afternoon of September 20, 1994, he butchered the ducks of Betty Barato, their neighbor at Brgy. Matag-ub, Janiuay, Iloilo, and then helped her husband in cooking it; that he and Betty Barato’s son, husband, and father, had a drinking spree inside the latter’s house from 8:00 o’clock that same evening until 2:00 o’clock the following morning, September 21, 1994 and chose to sleep at the Barato’s house the rest of the time until he was awakened at about 5:30 o’clock in the morning by Betty Barato informing him that Brgy. Councilwoman Teresita Napud was summoning all male residents of the barangay to assemble at the basketball court for reasons that he did not know; That when he and about 20 other male residents were made to form a line-up he saw Ernesto Benedicto who looked at each of them in the line-up; that after a while all the others in the line-up were sent home while he was brought to the police headquarters where he was again presented to Esmaylita Benedicto and Greg Cantiller but both of them said that he was not the one; that it was only about 11:00 o’clock that same morning inside the cell at the police headquarters, when Esmaylita Benedicto came back, that she identified him as the one who allegedly robbed their parents’ house and raped her, in the early morning of September 21, 1994. 6

    Napud’s alibi was corroborated by his neighbor, defense witness Betty Barato, as well as by his aunt, Teresita Napud.

    As earlier stated, the trial court found in favor of the prosecution’s version of the events and declared Napud and his co-accused, Amburgo, guilty beyond reasonable doubt of the charges against them.

    Only Napud seasonably filed his notice of appeal. His co-accused, Amburgo, opted not to appeal his conviction.

    Before us, appellant assigns as errors the following:chanrob1es virtual 1aw library

    1. THAT THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED OF RAPE SINCE NO INJURIES WAS (sic) FOUND IN THE BODY (sic) OF THE COMPLAINANTS.

    2. THAT THE TRIAL COURT ERRED IN NOT GIVING DUE COURSE AND CREDENCE (TO) THE ACCUSED DEFENSE OF ALIBI.chanrob1es virtua1 1aw 1ibrary

    3. THAT THE TRIAL COURT ERRED IN NOT GIVING DUE CONSIDERATION (TO) THE ALLEGATION OF THE ACCUSED THAT HIS IDENTITY WAS DOUBTFUL AND THEREFORE HE IS ABSOLVED FROM LIABILITY.

    All these alleged errors bring to the fore one principal issue: Did the trial court err in holding that appellant was properly identified and his guilt proven beyond reasonable doubt? In addition, however, we have to determine the propriety of the penalties imposed for the offenses allegedly committed by the Appellant.

    On the first assigned error. Appellant contends that the lower court erred in convicting him of rape by means of force or intimidation as the prosecution’s own evidence shows that there were no physical injuries found on the bodies of either of the complainants. He stoutly insists that if it were true that he forced both of his rape victims to lie down on the ground during the commission of the rape, they should have at least sustained some scratches and other injuries at their backs and other parts of their bodies.

    The Office of the Solicitor General (OSG) counters that the absence of physical injuries is not an indicium that rape was not committed. It is not necessary that the force and violence employed in rape should result in physical injuries.chanrob1es virtua1 1aw 1ibrary

    Under Article 335 of the Revised Penal Code, the gravamen of the crime of rape is carnal knowledge of a woman by force or intimidation and against her will or without her consent. 7 What consummates the felony is penile contact, however slight, with the labia of the victim’s vagina without her consent. Consequently, it is not required that lacerations be found on the private complainant’s hymen. Nor is it necessary to show that the victim had a reddening of the external genitalia or sustained a hematoma on other parts of her body to sustain the possibility of a rape charge. For it is well-settled that the absence of external injuries does not negate rape. 8 This is because in rape, the important consideration is not the presence of injuries on the victim’s body, but penile contact with the female genitalia without the woman’s consent. Hence, appellant’s reliance upon the findings of Dr. Renato Armada, who testified that he examined Evelyn and found no lacerations or hematoma in any part of her body could not prevail over the positive testimony of the offended party and her witnesses that she was sexually abused.

    In this case, the trial court found the testimonies of the two victims on the sexual assaults committed upon each of them convincing and credible. It made the following observations:chanrob1es virtual 1aw library

    . . . Evelyn Cantiller is an elderly woman who would have easily shunned a public trial where her shame and privacy would have to be bared to the public as she initially did when she refused to go to a doctor by having her private parts examined and bare herself and her shame considering her age. But nevertheless, the search for justice made her braver and simply forced herself to face the shame and humiliation of a public trial so [that] their tormentors would be meted their due. How could she concoct and contrive to lodge the complaint against accused if it is not true?chanrob1es virtua1 1aw 1ibrary

    On the other hand, the other victim of the rape is a relatively young married woman who had her husband’s name to protect, too. It is hardly imaginable for her to concoct a story where her faithfulness to her marriage vows and her husband’s name [be] dragged in court in a public trial. Only the best of reasons, to seek justice and truth could have prevailed upon one such woman to do what she did. 9

    We have thoroughly perused the records of this case and find no reason to disturb the trial court’s finding as to the credibility of the two complaining witnesses. The doctrine that an accused may be convicted solely on the testimony of the complainant provided her testimony is credible, natural, convincing, and otherwise consistent with human nature applies squarely in the instant case, and doubly so.chanrob1es virtua1 1aw 1ibrary

    The second and third assigned errors shall be jointly discussed as they are interrelated.

    Appellant argues that the weakness of his alibi should not necessarily result in his conviction. He submits that impartial witnesses who had no reason to distort the truth corroborated his alibi. Nor did the prosecution contradict or successfully rebut his alibi. He adds that given the uncertain testimony of the victims regarding his identification and participation, the trial court should have given credence to his alibi.

    For the State, the OSG opines that appellant’s defense of alibi is not only weak but also unavailing since he was positively identified by his victims as the malefactor. Moreover, appellant failed to present credible and tangible proof of the physical impossibility of his presence at the locus criminis.

    For the defense of alibi to prosper, the accused must be able to prove: (a) his presence at another place at the time of the perpetration of the offense; and (b) demonstrate that at that time it is physically impossible for him to be at the scene of the crime. 10

    In the instant case, appellant’s alibi is far from convincing. Recall that he averred that he spent the night at his neighbor’s residence at Barangay Matag-ub, while the incident occurred in Barangay Jibolo. The trial court, however, found that although the barangay where the crimes were committed was not the same as the place where appellant claimed he passed the night, nonetheless, these two barangays were adjacent and only a few hundred meters apart. The short distance between the two barangays did not foreclose the possibility of appellant’s presence at the scene of the crimes.chanrob1es virtua1 1aw 1ibrary

    Appellant claims that Ernesto’s failure to identify him during the police line-up at the basketball court raises doubt on appellant’s identification as the offender. But Ernesto’s hesitation to point at appellant, however, is explainable. Recall that Ernesto saw them only briefly when he was anxious and nervous, such that he left the scene hurriedly to answer a call of nature.

    More significantly, even if there was hesitation on Ernesto’s part, Esmaylita categorically identified appellant and Amburgo as her rapists and who robbed her parents’ house. The other rape victim, Evelyn, also pointed to appellant as her rapist and the one who stole their chickens. Her grandson, Greg, corroborated Evelyn’s identification. There is no doubt that the victims in the instant case had a good look at the physical features of their tormentors. Their testimonies concur in identifying appellant as perpetrator of the crimes charged.chanrob1es virtua1 1aw 1ibrary

    Appellant gave no reason why the victims should falsely charge him with such grave offenses. Where the victims have no improper motive to testify falsely against the accused and have positively identified him as the culprit, then the defense of alibi must necessarily fail. 11

    Finally, appellant insists that his non-flight from his locality supports his innocence. While we have held that flight may be evidence of guilt, 12 his argument is to say that non-flight is proof of innocence, is a non sequitur. 13

    Let us now proceed to consider the propriety of the penalties imposed on appellant. The trial court found that the forcible abduction with rape alleged in Criminal Case No. 44264 was absorbed by the rape charged in Criminal Case No. 44263. The evidence for the prosecution shows that Esmaylita was brought by Amburgo and appellant to a banana plantation some 1- kilometers away from her house for the purpose of raping her. Both men then successively had carnal knowledge of her at said place. Where complainant was forcibly taken away for the purpose of sexually assaulting her, then the rape so committed may absorb the forcible abduction. 14 The trial court, thus, correctly held that the rape charged and proved in Criminal Case No. 44263 already absorbed the forcible abduction with rape complained of in Criminal Case No. 44264.chanrob1es virtua1 1aw 1ibrary

    Coming now to Criminal Case No. 44262, the information charged appellant and his co-accused with robbery with rape. On record, the prosecution duly established that appellant committed both robbery and rape. When appellant forcibly entered the Cantillers’ chicken coop and took their chickens, while his confederate Amburgo was threatening the Cantiller spouses, he committed the crime of robbery. The elements of the offense — viz: (a) personal property belonging to another; (b) unlawful taking; (c) intent to gain; and (d) violence or intimidation — were all present. 15 Though robbery appears to have preceded the rape of Evelyn, it is enough that robbery shall have been accompanied by rape to be punished under the Revised Penal Code (as amended) for the Code does not differentiate whether the rape was committed before, during, or after the robbery. 16

    We find, however, that the trial court erred in imposing an indeterminate penalty of ten (10) years and eight (8) months of prision mayor as minimum to seventeen (17) years and one (1) day of reclusion temporal as maximum upon appellant for the special complex crime of robbery with rape. Under Article 294 (1) of the Revised Penal Code, as amended by R.A. No. 7659, the imposable penalty for robbery accompanied by rape is reclusion perpetua to death. 17 Note that at the time of the incident on September 21, 1994, the Revised Penal Code was already amended by R.A. No. 7659. The amendment took effect on December 31, 1993, as held in People v. Simon, 234 SCRA 555, 569 (1994). Following the principle that laws which define offenses and prescribe penalties for their violation operate prospectively, 18 the increased penalties should be applied to appellant’s offenses.chanrob1es virtua1 1aw 1ibrary

    Reclusion perpetua and death are indivisible penalties. Under Article 63 of the Revised Penal Code, "when there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied." In this case, no aggravating circumstance as provided for in Article 14 of the Revised Penal Code was alleged or proved by the prosecution. Nor were any mitigating circumstances as provided for in Article 13 of said Code established. Hence, the lesser penalty of reclusion perpetua should be imposed upon appellant for the special complex crime of robbery with rape.

    In Criminal Case No. 44262, appellant was ordered to pay the offended party, Evelyn Cantiller, the sum of P30,000.00 as moral damages for the rape he committed. Pursuant to current jurisprudence, however, this should be increased to P50,000.00 without need for pleading or proof of the basis thereof. 19 In addition, appellant should also pay the victim P50,000.00 as civil indemnity, in line with current jurisprudence. 20 Considering the bestiality of the offenses committed, appellant should also pay her the mount of P25,000.00 as exemplary damages.

    In Criminal Case No. 44263, the trial court awarded the victim, Esmaylita Benedicto, only P30,000.00 as moral damages. Pursuant to prevailing jurisprudence, however, appellant should be ordered to pay said victim the appropriate amounts as follows: P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages for the bestial offense committed against her.chanrobles virtuallawlibrary

    As to the co-accused, Tomas Amburgo, who did not appeal his conviction by the lower court, its judgment must be deemed final and executory as to him. As such, it is now beyond the authority of this Court to modify, because said modification would not be favorable to him.

    WHEREFORE, the decision of the Regional Trial Court of Iloilo City, Branch 37, in Criminal Cases Nos. 44262-44264 is AFFIRMED, but with the following MODIFICATIONS:chanrob1es virtual 1aw library

    (1) In Criminal Case No. 44262, appellant Alfredo Napud, Jr., is found guilty of the special complex crime of robbery with rape and is hereby sentenced to reclusion perpetua. He is also ordered to indemnify the spouses Manuel and Evelyn Cantiller the sum of P1,000.00 as actual damages as well as to pay Evelyn Cantiller the amount of P50,000.00 as civil indemnity, another P50,000.00 as moral damages, and P25,000.00 as exemplary damages.chanrob1es virtua1 1aw 1ibrary

    (2) In Criminal Case No. 44263, which absorbed and assimilated the charges in Criminal Case No. 44264, appellant Alfredo Napud, Jr., is found guilty beyond reasonable doubt of rape and is hereby sentenced to suffer the penalty of reclusion perpetua. He is further ordered to indemnify the victim, Esmaylita Benedicto, the sum of P50,000.00 as civil indemnity, another P50,000.00 as moral damages, and P25,000.00 as exemplary damages.

    No pronouncement as to costs.

    SO ORDERED.

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

    Endnotes:



    1. Records, pp. 209-223.

    2. Id. at 222-223.

    3. Id. at II.

    4. Exhibit "E."cralaw virtua1aw library

    5. Exhibit "F."cralaw virtua1aw library

    6. Rollo, pp. 72-73.

    7. People v. Yparraguire, G.R. No. 124391, July 5, 2000, p. 4, citing People v. Igat, 291 SCRA 100 (1998).

    8. People v. Villanueva, G.R. No. 135330, August 31, 2000, p. 10, citing People v. Managaytay, 305 SCRA 316 (1999).

    9. Rollo, p. 79.

    10. People v. Villanos, G.R. No. 126648, August 1, 2000, p. 12, citing People v. Aranjuez, 285 SCRA 466 (1998).

    11. People v. Aliviano, G.R. No. 133985, July 10, 2000, p. 11, citing People v. Sta. Ana, 291 SCRA 188, 217 (1998).

    12. People v. Carillo, G.R. No. 129528, June 8, 2000, p. 12.

    13. People v. Bionat, 278 SCRA 454, 469 (1997).

    14. People v. Sabredo, G.R. No. 126114, May 11, 2000, p. 7.

    15. People v. Sultan, G.R. No. 132470, April 27, 2000, p. 6.

    16. People v. Mendoza, 292 SCRA 168, 181-182 (1998).

    17. REV. PEN. CODE. ART. 294. Robbery with violence against or intimidation of persons. — Penalties. — Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:

    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.

    x       x       x


    18. People v. Moran, 44 Phil. 387, 408 (1923).

    19. People v. Melendres, G.R. Nos. 133999-4001, August 31, 2000, p. 13.

    20. People v. Villanos, G.R. No. 126648, August 1, 2000, 13.

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


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