Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2002 > August 2002 Decisions > G.R. No. 142900 August 7, 2002 - PEOPLE OF THE PHIL. v. CRISTITUTO GUARDIAN:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 142900. August 7, 2002.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CRISTITUTO GUARDIAN, Accused-Appellant.

D E C I S I O N


PUNO, J.:


This is another detestable case of incestuous rape of a young girl.cralaw : red

The complainant, MARY JANE C. GUARDIAN, is the daughter of the accused-appellant, CRISTITUTO GUARDIAN. The Information 1 dated April 5, 1998, against the accused-appellant reads:jgc:chanrobles.com.ph

"UNDERSIGNED accuses CRISTITUTO GUARDIAN of the heinous crime of "Rape" (four counts) as penalized under Republic Act No. 7659, in relation to Republic Act No. 8353, committed as follows:chanrob1es virtual 1aw library

That in, about and during the month of September, 1996;

That on or about the 11th day of February, 1999;

That on or about the 13th day of February, 1999;

That on or about the 16th day of February, 1999;

all of which acts were committed in barangay Mabulo, municipality of San Fernando, province of Romblon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused CRISTITUTO GUARDIAN, did then and there, by means of intimidation, willfully, unlawfully and feloniously have carnal knowledge of the complainant MARY JANE GUARDIAN, his own minor daughter, against her will. (emphases supplied)

All contrary to law.

Romblon, Romblon, April 5, 1999.

(SGD.) FRANCISCO F. BENEDICTO, JR.

OIC/Senior State Prosecutor"

When arraigned, the accused-appellant pled "not guilty." 2

At the pre-trial conference, the prosecution and the accused-appellant, assisted by counsel, entered into the following stipulation of facts: 3

"A. Stipulation of Facts:chanrob1es virtual 1aw library

1. that the accused (appellant) is the father of Maryjane (sic) Guardian, the alleged victim and private complainant in these four (4) cases of rape;

2. that Maryjane (sic) Guardian was born on May 22, 1985, as shown by her certificate of live birth marked as Exhibit A;

3. that in September, 1996, Maryjane (sic) Guardian was eleven (11) years old;

4. that the accused and Maura Carmona Guardian have been living together continuously as husband and wife for the last sixteen (16) years as of today with their five (5) children, including Maryjane (sic) Guardian;

5. that during the month of February, 1999, Maura Carmona Guardian was in Metro Manila working as a housemaid;

6. that presently, Maryjane (sic) Guardian is attending school at Libertad Barangay High School, barangay Libertad, Odiongan, Tablas Island, Romblon, as third year student;

7. that in September 1996, Maryjane (sic) Guardian was a grade VI pupil at Mabulo Elementary School, barangay Mabulo, San Fernando, Sibuyan Island, Romblon, while in February, 1999, she was a second year high school at (sic) España National High School, barangay España, also in San Fernando;

8. that Maryjane (sic) Guardian executed a sworn statement on February 22, 1999, which is the complaint filed with the PNP San Fernando, Sibuyan Island, Romblon; that to further augment this complaint, Maryjane (sic) Guardian, assisted by her mother, Maura Carmona Guardian, filed on July 26, 1999, with the Office of the Provincial Prosecutor the complaint against the accused, her own father, Cristituto Guardian, and live-in partner of her mother, Maura Carmona Guardian, for four (4) rapes committed on her person during the months of September 1996, February 11, 1999, February 13, 1999 and February 16, 1999; and

9. that for the alleged incident that happened in September 1996, there was no complaint coming from Maryjane (sic) Guardian or from her mother until this year when the complaint was filed."cralaw virtua1aw library

The trial against the accused-appellant ensued.

Mary Jane Guardian testified that in September 1996 and on February 11, 1999, February 13, 1999 and February 16, 1999, her mother, Maura Carmona Guardian, was working as a housemaid in Manila. Thus, she and her siblings were left with their father, the accused-appellant, in their house in barangay Mabulo, San Fernando, Romblon. 4

The complainant revealed that the first rape was committed in September 1996. She was then barely eleven (11) years old having been born on May 22, 1985. 5 At about 10:00 p.m., she was roused from her sleep when she felt somebody undressing her. She discovered it was the Accused-Appellant. He took off her shorts and panty. Next, he mashed her breast and forced a sexual intercourse with her. She felt pain, cried and kicked him but to no avail. During the sexual assault, he threatened her not to reveal the incident to her mother or else he would kill them all. Afraid, she kept silent about the rape. 6

The complainant was abused by the accused-appellant from October 1996 until February 1999. She lost count of the number of times she was sexually assaulted, but she declared it happened almost every month, at nighttime, in their house. Sometimes, the accused-appellant was drunk and beat her up when she refused to accede to his bestial desires. Due to the accused-appellant’s cruelty, the complainant’s eldest brother ran away from home in 1997. 7

She tried to avoid the sexual advances of the Accused-Appellant. On several occasions, she slept in the house of her paternal grandmother, Nardita Guardian, and her paternal aunt, Sarita de Asis, situated some fifty-five (55) meters and six hundred (600) meters away, respectively, from their house. She did not tell them about the rapes for fear that they, too, might be killed by the Accused-Appellant. Neither did she disclose the incidents to the relatives of her mother because they were in Manila. 8

The second incident happened on February 11, 1999. The accused-appellant was intoxicated. Armed with a bolo, he undressed the complainant and forcibly had carnal knowledge of her. He was rough on her. The act was allegedly repeated in the same fashion on February 13, 1999. 9

The fourth incident took place on February 16, 1999. Again, the accused-appellant undressed her. She cried, but he was unmoved. 10 He forced himself on her.

On February 20, 1999, the complainant saw that the accused-appellant was, again, inebriated. Gripped with fear, she did not go home but instead, went to a dance party. However, she felt that the accused-appellant would hurt her younger siblings as he was drunk. She decided to get them. Unfortunately, the accused-appellant also went to the dance. When he saw her, he brought her to their house and mauled (binugbog) her. She sustained bruises.chanrob1es virtua1 1aw 1ibrary

Complainant could no longer bear the beatings. The next day, at 1:00 a.m., she escaped from their house and sought refuge in the residence of her aunt Marlene. When Marlene’s sister, Aileen De Asis, saw the bruises of the complainant, she accompanied her to barangay chairman Ireneo Bersaba and reported the maltreatment.

Barangay Chairman Ireneo Bersaba corroborated the story of the complainant. He testified that she was brought to his house in the afternoon of February 21, 1999. She was crying and had bruises on her upper limb. She revealed that the accused-appellant had mauled her because she refused to have sexual intercourse with him. She also declared that she was first raped when she was in Grade VI and, since then, he had been abusing her. Bersaba endorsed the complainant to the DSWD.

On February 22, 1999, Dr. Leticia Chan, Rural Health Physician of San Fernando, Romblon, conducted a medical examination on the complainant. The complainant was crying as she related that she was physically and sexually abused by her father, the Accused-Appellant. During the physical examination, the doctor found a bluish contusion on the complainant, below the left armpit, extending from the back left side of the body to the left breast. It was 2.5 inches wide and seven (7) inches long. The doctor opined that the contusion was consistent with her claim that the accused-appellant used a belt in hitting her. There were also reddish and blackish contusions on the outer side of the left arm, on the forearm, and below it and on the left side of the forehead of the complainant. The doctor explained that it was possible that the contusion on the forehead was caused by the belt’s buckle. Considering the colors of the contusions, the doctor estimated that the injuries were inflicted less than four (4) or five (5) days from the date of the examination. 11

On the results of the internal examination, the doctor revealed that the complainant’s hymen was lacerated in several scattered directions. She also found a whitish discharge (sticky fluid) on the vaginal cavity of the complainant akin to seminal fluid. When she checked her vaginal opening, it easily admitted two (2) fingers, indicating that it is lax, possibly due to repeated sexual intercourse. 12 The doctor’s findings were reflected in a medical certificate, 13 dated February 23, 1999.cralaw : red

Maura Carmona Guardian testified that she and the accused-appellant lived continuously as common-law husband and wife since November 14, 1982. They have five (5) children, namely, Michael, 16 years old; Mary Jane, 14; Rezan, 10; Rose Ann, 8 and Mary Kaye, 5. Her daughter Mary Jane was born on May 22, 1985. 14

On February 23, 1999, Maura received a phone call from the Accused-Appellant. At that time, she was in Manila, working as a household helper. He told her that he beat their daughter, Mary Jane, and that she was sick. However, after the said call, somebody rang her up and informed her that the accused-appellant did not only beat Mary Jane but also raped her. Maura rushed to Romblon to verify the information.

At their house, she had a confrontation with the Accused-Appellant. She grabbed him and gave him several blows. She cried hysterically and asked why he raped their daughter. The accused-appellant remained silent. When she repeatedly asked whether he raped their daughter, he finally broke down and said "yes." 15

The defense was a mere denial.

The accused-appellant testified that he was in barangay Mabulo the whole month of September 1996. Sometimes he stayed in the mountains in their plantation, and at other times, in their house. He denied raping the complainant. He claimed he whipped her on February 16, 1999 because she slept in another person’s house. He denied the confrontation that took place between him and his wife when she arrived from Manila. He claimed that they did not have an occasion to talk because the DSWD immediately took his wife into custody.chanrob1es virtua1 1aw 1ibrary

Charita de Asis, younger sister of the accused-appellant, testified that the complainant was beaten up by the accused-appellant because the complainant lied about her whereabouts at nights when she did not sleep in their house. Charita claimed that the victim would watch betamax shows without asking permission from the accused-appellant and, after the shows, she would sleep in other houses because she feared the Accused-Appellant. Charita denied that the complainant slept in her house as she claimed. 16 Nonetheless, Charita admitted that she did not know if the accused-appellant really raped the complainant because their house is about � kilometer away from hers. 17

The trial court found the accused-appellant guilty as charged of four (4) counts of rape. The dispositive portion of its judgment 18 reads:jgc:chanrobles.com.ph

"WHEREFORE, this Court finds the accused (appellant) CRISTITUTO GUARDIAN GUILTY beyond reasonable doubt of four (4) counts of rape and is hereby sentenced to suffer the supreme penalty of death for each count of rape, as well as to pay MARY JANE GUARDIAN P50,000.00 for each count of rape, or a total of P200,000.00 as civil indemnity, and an additional amount of P100,000.00 as moral damages.

x       x       x


SO ORDERED."cralaw virtua1aw library

The case is with this Court for automatic review. The accused-appellant assigns one error:jgc:chanrobles.com.ph

"THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT OF FOUR (4) COUNTS OF RAPE WHEN HIS GUILT HAS NOT BEEN PROVEN BEYOND REASONABLE DOUBT."cralaw virtua1aw library

The decision is affirmed with modifications.

The accused-appellant claims that it is incredible that the complainant would remain silent about the sexual assaults for a long period of time, i.e., from September 1996 up to February 1999. She had several opportunities to reveal the rapes to her relatives, but she kept silent. She reported the rapes only after she was beaten up. He surmises that the complainant fabricated the rape charges to get even with him.

We are not persuaded. It is not unnatural for young rape victims to conceal for some time their ordeals. 19 Most of the time, they choose to suffer silently due to the threats made by their assailants, especially when the molesters are their own ascendants. 20 Parent molesters have moral ascendancy over their children that could lead them to bear in silence their defilements. 21

In the case at bar, the complainant is a young naive girl. She was even, at first, unaware that the sexual violations committed against her by the accused-appellant were wrong. The evidence shows that he threatened to kill her and her family if she would report the rapes to anyone. She had reason to fear him for her mother was then in Manila — too far to protect her. Her eldest brother had ran away from home due to the cruelty of the Accused-Appellant. Her only companions were her younger siblings who could not protect her. Trapped in a seemingly hopeless situation, it would be too much to expect the young complainant to act like an adult and do what is expected of mature people. 22

It is inconceivable that the complainant would fabricate the rape charges against the accused-appellant just to get even with him. Even when consumed with revenge, it would take a certain amount of psychological depravity for a young woman to concoct a story that would put her own father for most of his remaining life in jail, if not put him to death, and drag herself and the rest of her family to a lifetime of shame. 23 In charging the accused-appellant, she simply told the truth. She testified as follows: 24

"Q: Do you realized (sic) that by filing this case against your father, he may go to prison?

A: Yes, sir.

Q: And you also know that he is now in prison?

A: Yes, sir.

Q: You also realized (sic) that the penalty that may be imposed on him is death by lethal injection?

A: Yes, sir (Witness crying).

Q: Do you think that he deserves that penalty?

A: Yes, he did that to me even though I am his own daughter.

Q: You said that the first time this thing was done to you by your father, you did not realize that it was wrong, did you say that?

A: Yes, sir.

Q: And even when he did it to you in the year 1997, you did not also realize that it was wrong?

A: No, sir.

Q: So you just went along with your father because it was not wrong?

A: I did not like it but he was forcing me and I was afraid that he might kill my siblings and mother.

Q: When did you realize that what your father was doing to you was wrong?

A: When I went to the barangay captain, he said, do not worry, tell me everything and somebody will help you, the DSWD, and your very wicked father will go to jail.

Q: That was on February 22, 1999?

A: 21.

Q: So, from September 1996 to January of 1999, you thought that there was nothing wrong, what your father was doing to you was not wrong?

A: Yes, sir.

Q: If these things that your father was doing to you was (sic) regular every month of every year, so (you) must have enjoyed what your father was doing to you?

A: No, sir.

Q: Do you know what is conscience?

A: Yes, sir.

Q: What is it in your understanding?

A: I was bothered by my conscience because I have a mother and why he is (sic) doing it to me.

x       x       x


Q: Now that your father was (sic) in prison, have you not even thought of forgiving him?

A: No, sir.

Q: Has he not ever asked for forgiveness?

A: No, sir, as a matter of fact, he even said that in court no truth comes out, only lies.

x       x       x


Q: There are no lies in what you told us?

A: Would I file this case if it is not true?

Q: Do you realize now, what we are seeking here is the truth?

A: Yes, sir.

Q: We do not like lies in this Court, do you realize now in this Court, we do not like lies?

A: Yes, sir.

Q: And if your father tells us that he did not rape you, that could not be true?

A: No, sir." (emphases ours)

Be that as it may, we find that the prosecution was able to prove only the three (3) rapes committed in September 1996, February 11, 1999 and February 16, 1999. The complainant testified as follows:25cralaw:red

"Q: At 10:00 o’clock during that month of September 1996, while you were in your house, what happened?

A: That month and on that year my father started to rape me.

Q: Can you not give us the exact date during that month of September 1996?

A: I cannot remember anymore the exact date of September 1996.

PROS. SY:chanrob1es virtual 1aw library

Q: We would like to put on record that the witness is shedding tears already.

COURT:chanrob1es virtual 1aw library

That is correct.

PROS. SY continuing:chanrob1es virtual 1aw library

Q: Will you relate to us what your father did sometime during the month of September 1996 at around 10:00 o’clock?

A: At 10:00 o’clock in the evening of September 1996, I was sleeping in our house at Mabulo, San Fernando, Romblon, while I was sleeping I felt somebody was undressing me.

Q: Please go on.

A: My father took off my panty and my shorts.

Q: What else did he do to you if he did any?

A: He mashed (hinipo-an) my breast and forcibly inserted his penis into my vagina.

Q: What, if any, did your father say to you when he was doing that?

A: "Don’t be mistaken in telling your mother because I would kill you all."cralaw virtua1aw library

Q: At that time, how old are (sic) you?

A: Eleven (11) years old.

Q: Did you make any protest?

A: Yes, sir.

Q: What did you do?

A: I cried and I was kicking him.

Q: That night, on that month, sometimes (sic) on the month of September 1996, how many times did your father insert his penis to your vagina?

A: Only once.

Q: Now, have you tell (sic) anybody what your father did, that month of September 1996?

A: Nobody.

Q: Why?

A: I was scared and I did not know also that what he was doing was bad (Witness crying).

Q: Now, did your father, papa, repeated (sic) what he did to you in September 1996?

A: Not anymore but since October 1996 until February 1999, I cannot count anymore how many times he raped me, sir.

Q: You made mention of February 1999, what happened on (sic) February, particularly February 11, 1999?

A: He also raped me.

Q: Where was your mother at that time?

A: At (sic) Manila working.

Q: What time of the day when he did that to you?

A: Nighttime but I cannot remember the hour.

Q: So, what precisely your father do (sic) to you on that February 11, 1999?

A: He was drunk, he was rough in raping me and he always hurt me or maltreat me.

Q: On February 11, 1999, you said that your father ‘roughly raped me,’ ravished, why did he do that?

A: He was forcing me and he was even holding a bolo.

Q: So he was holding a bolo and he was forcing you, then what did he do?

A: He undressed me.

Q: And what else?

A: He forcibly inserted his penis into my vagina.

x       x       x


Q: How about on February 16, 1999, what did your father do to you?

A: He was already maltreating me as I sustained bruises and hematoma.

Q: Aside from that, what did your father do on the 16th of February?

A: He also forcibly raped me.

Q: How did he do that?

A: He forcibly undressed me and he also forcibly inserted his penis into my vagina although I was crying then.

Q: And did you report this or did you relate to anybody what your father was doing to you up to that time?

A: I did not tell it to anybody.

Q: Why?

A: Because I was afraid he might kill us."cralaw virtua1aw library

Clearly, the accused-appellant used force and intimidation to have carnal knowledge of the complainant on the dates aforementioned.chanrob1es virtua1 1aw 1ibrary

The medical certificate 26 issued by Dr. Leticia Chan supports complainant’s charges against the Accused-Appellant. It showed that (1) the victim’s hymen was perforated and (2) the vaginal introitus (opening) easily admits speculum and the doctor’s two fingers with a slight degree of resistance. Dr. Chan noted multiple lacerations on the victim’s hymen in scattered directions. She opined that it was possible that the lacerations on the hymen and the laxity of the vaginal opening could have been due to repeated sexual intercourse. 27

We hold, however, that the rape allegedly committed on February 13, 1999 was not proved beyond reasonable doubt. The testimony of the complainant relating to this particular incident leaves much to be desired. It is too niggardly in details. She testified as follows: 28

"Q: Was this act by your father repeated?

A: Yes, sir.

Q: When was that?

A: February 13 and 16.

Q: Of what year?

A: 1999.

Q: And where were you at that time when your father did that to you?

A: At our house in Barangay Mabulo.

Q: And your mother, where was your mother on February 13 and 16, 1999?

A: In Manila.

Q: On February 13, what precisely did your father do to you?

A: The same also on the 11th."cralaw virtua1aw library

We stress that every charge of rape is a distinct and separate crime and each must be proved beyond reasonable doubt. 29 The bare allegation of the victim that she was raped on February 13, 1999, without giving any further details on how said dastardly act was committed is inadequate to establish the guilt of the Accused-Appellant. 30

The accused-appellant further contends that, even assuming that he is guilty as charged, he should be meted with only one (1) death sentence because the Information was defective on the ground that it charged more than one offense. He cites Section 18, Rule 117 of the Revised Rules on Criminal Procedure which prohibits the charging of duplicitous offenses.

Again, we are not persuaded. As a rule, a complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses. 31 In the case at bar, the Information indeed charged four (4) offenses of rape against the Accused-Appellant. Nonetheless, he waived the defect in the Information when he did not move to quash 32 it before he pled not guilty to the charges. 33 Thus, the accused-appellant could be convicted of as many offenses as are charged and proved. 34

We now review the penalties imposed against the accused-appellant on the three (3) rapes proven at bar.cralaw : red

We hold that the trial court erred in imposing the death penalty on the Accused-Appellant. Under Republic Act Nos. 7659 and 8353, the death penalty is imposed for the crime of rape if "the victim is under eighteen (18) years of age and the offender is a parent . . . of the victim." The special qualifying circumstances of the victim’s minority and her relationship with the offender must be properly alleged in the Information and proved by sufficient evidence at the trial. The case law requires that the age of the minor victim must be clearly stated in the Information. 35 The allegation in the Information that the complainant is the accused-appellant’s "minor daughter" is insufficient. 36 The accused-appellant’s admission that he is the father of the complainant and that she was born on May 22, 1985, hence, under eighteen (18) years of age at the time of the commission of the rape cannot cure the defect. 37 Accordingly, the accused-appellant should be sentenced to reclusion perpetua for each count of rape proved at bar.

As for the civil liabilities of the accused-appellant, we affirm the civil indemnity in the amount of P50,000.00 for each count of rape. As regards the moral damages awarded in the amount of P100,000.00, the current amount awarded is P50,000 for each count of rape. Thus, the total amount of moral damages should be P150,000.00. 38 In addition, we consider the alternative circumstance of relationship as an aggravating circumstance for purposes of awarding exemplary damages. 39 Accordingly, the accused-appellant should be held liable to pay exemplary damages in the amount of P25,000.00 for each count of rape. 40

IN VIEW WHEREOF, the decision of the Regional Trial Court of Romblon, Branch 81, in Criminal Case No. 2146, finding the accused-appellant CRISTITUTO GUARDIAN guilty beyond reasonable doubt of the crime of rape in four (4) counts is modified as follows:chanrob1es virtual 1aw library

1. The accused-appellant is ACQUITTED of the rape allegedly committed on February 13, 1999, due to insufficiency of evidence;

2. The accused-appellant is found guilty of the rapes committed in September 1996, and on February 11, 1999 and February 16, 1999, but the death penalties imposed by the trial court are reduced to reclusion perpetua;

3. The civil indemnity awarded to the complainant, in the amount of P50,000.00 for each count of rape is AFFIRMED, thus, the accused-appellant should pay a total of P150,000.00, not P200,000.00, for the rapes he committed on September 1996, February 11, 1999 and February 16, 1999;

4. The moral damages awarded to the complainant, in the total amount of P100,000.00 is INCREASED to P150,000.00; and

5. Exemplary damages in the amount of P25,000.00 for each rape committed in September 1996, on February 11, 1999 and February 16, 1999, or a total amount of P75,000.00, is further ordered to be paid by the accused-appellant to the complainant.

No pronouncement as to costs.chanrob1es virtua1 1aw 1ibrary

SO ORDERED.

Davide, Jr., C.J., Bellosillo, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez and Corona, JJ., concur.

Endnotes:



1. Original Records, p. 1.

2. Certificate of Arraignment, Original Records, p. 11.

3. Pre-trial Order, dated July 28, 1999, Original Records, pp. 19-20.

4. TSN, Mary Jane Guardian, September 13, 1999, p. 5.

5. TSN, Maura Carmona Guardian, October 15, 1999, p. 3.

6. Id., pp. 7-8.

7. Id., pp. 13-15.

8. Id., September 14, 1999, pp. 2-5.

9. TSN, Mary Jane Guardian, September 13, 1999, pp. 8-9.

10. Id., p. 9.

11. TSN, Dr. Leticia Chan, October 4, 1999, pp. 5-8.

12. Id., pp. 10-14.

13. Exh. "A", Original Records, p. 50.

14. TSN, Maura Carmona Guardian, October 15, 1999, p. 3.

15. Id., p. 6.

16. TSN, Charita de Asis, December 13, 1999, pp. 6-7.

17. Id., pp. 3-4.

18. Rollo, pp. 19-31.

19. People v. Rafales, 323 SCRA 13 (2000); People v. Cortes, 323 SCRA 131 (2000).

20. People v. De Los Reyes, 327 SCRA 56 (2000); People v. Cabingas, 329 SCRA 21 (2000); People v. De Leon, 332 SCRA 37 (2000).

21. People v. Traya, 332 SCRA 499 (2000).

22. People v. Garcia, 341 SCRA 502 (2000).

23. People v. Alcala, 307 SCRA 330, 346 (1999).

24. TSN, Mary Jane Guardian, September 13, 1999, pp. 15-17.

25. TSN, Mary Jane Guardian, September 13, 1999, pp. 6-10.

26. Exh. "B", Original Records, p. 50.

27. TSN, Dr. Leticia Chan, October 14, 1999, pp. 10-13.

28. TSN, Mary Jane Guardian, September 13, 1999, p. 9.

29. People v. De Leon, 319 SCRA 743 (1999), cited in People v. Elpedes, 350 SCRA 716 (2001).

30. People v. Elpedes, supra.

31. Sec. 13 of Rule 110, Revised Rules of Criminal Procedure, as amended.

32. Sec. 3 (f) of Rule 117, id.

33. People v. Ramon, 320 SCRA 775, 782-783 (1999), citing People v. Conte, 247 SCRA 583 (1995); Sec. 9 of Rule 117, Revised Rules of Criminal Procedure, as amended.

34. Sec. 3 of Rule 120, Revised Rules of Criminal Procedure, as amended.

35. People v. Puertollano, 308 SCRA 356 (1999).

36. People v. Baniguid, 340 SCRA 92 (2000).

37. Ibid.

38. People v. Baniguid, supra.

39. Art. 15, Revised Penal Code.

40. People v. Santos, 334 SCRA 655 (2000).




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  • G.R. Nos. 145449-50 August 1, 2002 - PEOPLE OF THE PHILIPPINES v. CELSO MORFI

  • G.R. Nos. 137037-38 August 5, 2002 - PEOPLE OF THE PHILIPPINES v. VIRGILIO ROMERO

  • Adm. Case No. 5094 August 6, 2002 - NOEMI ARANDIA v. ERMANDO MAGALONG

  • G.R. Nos. 116905-908 August 6, 2002 - PEOPLE OF THE PHIL. v. EDUARDO BALLESTEROS

  • G.R. No. 128781 August 6, 2002 - TERESITA N. DE LEON v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131589-90 August 6, 2002 - PEOPLE OF THE PHIL. v. BALTAZAR CESISTA

  • G.R. No. 131807 August 6, 2002 - PEOPLE OF THE PHIL. v. JOSE B. CANICULA

  • G.R. No. 132915 August 6, 2002 - PEOPLE OF THE PHIL. v. SUNNY GARCIA, ET AL.

  • G.R. No. 136158 August 6, 2002 - PEOPLE OF THE PHIL. v. ANTONIO F. DE LA CRUZ

  • G.R. No. 138664 August 6, 2002 - PEOPLE OF THE PHILIPPINES v. SOTERO SERADO

  • G.R. No. 141463 August 6, 2002 - VICTOR ORQUIOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 141910 August 6, 2002 - FGU INSURANCE CORP. v. G.P. SARMIENTO TRUCKING CORP., ET AL.

  • G.R. No. 142760 August 6, 2002 - BASES CONVERSION DEVELOPMENT AUTHORITY v. COMMISSION ON AUDIT

  • G.R. No. 142985 August 6, 2002 - PEOPLE OF THE PHIL. v. RAYMUNDO B. MAGTIBAY

  • G.R. No. 143071 August 6, 2002 - PEOPLE OF THE PHIL. v. JOSE MAGNABE, JR.

  • G.R. No. 143397 August 6, 2002 - SANTIAGO ALCANTARA v. COURT OF APPEALS and THE PENINSULA MANILA

  • G.R. No. 143474 August 6, 2002 - PACIFICO FAELDONEA v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. Nos. 144340-42 August 6, 2002 - PEOPLE OF THE PHIL. v. RODELIO R. AQUINO

  • G.R. No. 144505 August 6, 2002 - PEOPLE OF THE PHILIPPINES v. ERNESTO SAN JUAN

  • G.R. No. 146211 August 6, 2002 - MANUEL NAGRAMPA v. PEOPLE OF THE PHIL.

  • G.R. No. 146651 August 6, 2002 - RONALDO P. ABILLA, ET AL. v. CARLOS ANG GOBONSENG, JR., ET AL.

  • G.R. Nos. 146897-917 August 6, 2002 - DATUKAN M. GUIANI, ET AL. v. SANDIGANBAYAN (FIRST DIVISION), ET AL.

  • Adm. Case No. 1890 August 7, 2002 - FEDERICO C. SUNTAY v. ATTY. RAFAEL G. SUNTAY

  • A.M. No. 02-5-111-MCTC August 7, 2002 - RE: MR. WENCESLAO P. TINOY

  • G.R. Nos. 132393-94 August 7, 2002 - PEOPLE OF THE PHIL. v. LEONARDO DUMANLANG

  • G.R. No. 134278 August 7, 2002 - RODOLFO RODRIGUEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 135054 August 7, 2002 - PEOPLE OF THE PHIL. v. MANUEL GANNABAN

  • G.R. No. 137024 August 7, 2002 - PEOPLE OF THE PHIL. v. ELOY MICLAT, JR.

  • G.R. No. 139235 August 7, 2002 - PEOPLE OF THE PHIL. v. NATHANIEL SURIO

  • G.R. Nos. 140642-46 August 7, 2002 - PEOPLE OF THE PHIL. v. ROMEO REYES

  • G.R. No. 141699 August 7, 2002 - PEOPLE OF THE PHIL. v. WILSON D. LIM, ET AL.

  • G.R. No. 142900 August 7, 2002 - PEOPLE OF THE PHIL. v. CRISTITUTO GUARDIAN

  • G.R. No. 145303-04 August 7, 2002 - PEOPLE OF THE PHIL. v. EDUARDO T. OCAMPO

  • A.M. No. RTJ-99-1509 August 8, 2002 - ASUNCION S. LIGUID v. POLICARPIO S. CAMANO, JR.

  • G.R. Nos. 109568 & 113454 August 8, 2002 - ROLANDO SIGRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 117018-19 August 8, 2002 - BENJAMIN D. YNSON v. COURT OF APPEALS, ET AL.

  • G.R. No. 133176 August 8, 2002 - PILIPINAS BANK v. ALFREDO T. ONG, ET AL.

  • G.R. No. 133267 August 8, 2002 - PEOPLE OF THE PHIL. v. WILFREDO PERALTA

  • G.R. No. 135806 August 8, 2002 - TOYOTA MOTORS PHIL. CORP. LABOR UNION v. TOYOTA MOTOR PHIL. CORP. EMPLOYEES AND WORKERS UNION

  • G.R. No. 140871 August 8, 2002 - PEOPLE OF THE PHIL. v. RESTY SILVA, ET AL.

  • G.R. No. 142566 August 8, 2002 - PEOPLE OF THE PHIL. v. SALVADOR MIRANDA

  • G.R. No. 143514 August 8, 2002 - ANDREW B. GONZALES v. LILIOSA R. GAYTA

  • G.R. No. 148267 August 8, 2002 - ARMANDO C. CARPIO v. SULU RESOURCES DEV’T. CORP.

  • G.R. No. 149473 August 9, 2002 - TERESITA PACAÑA CONEJOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 111397 August 12, 2002 - ALFREDO LIM, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125027 August 12, 2002 - ANITA MANGILA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 135239-40 August 12, 2002 - PEOPLE OF THE PHIL. v. ROLANDO ATADERO, ET AL.

  • G.R. No. 139610 August 12, 2002 - AUREA R. MONTEVERDE v. PEOPLE OF THE PHIL.

  • G.R. No. 146636 August 12, 2002 - PABLO A. AUSTRIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128576 August 13, 2002 - MARIANO A. VELEZ, ET AL. v. FRANCISCO DEMETRIO, ET AL.

  • G.R. No. 134141 August 13, 2002 - LEODY MANUEL v. JOSE and DAISY ESCALANTE

  • A.M. No. P-02-1628 August 14, 2002 - NICANOR T. SANTOS v. DELILAH GONZALES-MUÑOZ

  • G.R. No. 128593 August 14, 2002 - PEOPLE OF THE PHIL. v. ZENAIDA MANALAD

  • G.R. Nos. 130659 & 144002 August 14, 2002 - PEOPLE OF THE PHIL. v. ANTONIO ROQUE

  • G.R. No. 131815 August 14, 2002 - PEOPLE OF THE PHILIPPINES v. PABLO LANSANG

  • G.R. No. 132481 August 14, 2002 - PEOPLE OF THE PHIL. v. ROBERTO SALVADOR

  • G.R. No. 135975 August 14, 2002 - PEOPLE OF THE PHIL. v. BONIFACIO ABADIES

  • G.R. No. 141614 August 14, 2002 - TERESITA BONGATO v. SPS. SEVERO AND TRINIDAD MALVAR

  • G.R. No. 143644 August 14, 2002 - PEOPLE OF THE PHIL. v. RUBIROSA T. PASTRANA

  • G.R. No. 133297 August 15, 2002 - MIRAFLOR M. SAN PEDRO v. PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. No. 135308 August 15, 2002 - BENEDICT URETA, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 140204 August 15, 2002 - PEOPLE OF THE PHIL. v. ELIAQUIM MEJARES

  • G.R. No. 148943 August 15, 2002 - AGNES GAPACAN, ET AL. v. MARIA GAPACAN OMIPET

  • G.R. No. 151228 August 15, 2002 - ROLANDO Y. TAN v. LEOVIGILDO LAGRAMA, ET AL.

  • A.M. No. RTJ-02-1702 August 20, 2002 - ARSENIO R. SANTOS, ET AL. v. JUDGE MANUELA F. LORENZO, ET AL.

  • G.R. No. 106880 August 20, 2002 - PEDRO ACLON v. COURT OF APPEALS

  • G.R. No. 129017 August 20, 2002 - CONCEPCION V. VDA. DE DAFFON v. COURT OF APPEALS, ET AL.

  • G.R. No. 136423 August 20, 2002 - SPS. EFREN and ZOSIMA RIGOR v. CONSOLIDATED ORIX LEASING and FINANCE CORP.

  • G.R. No. 142981 August 20, 2002 - PEOPLE OF THE PHILIPPINES v. CARMELITA ALVAREZ

  • G.R. No. 145503 August 20, 2002 - PEOPLE OF THE PHIL. v. JULIE BALLESTEROL

  • G.R. No. 145719 August 20, 2002 - PEOPLE OF THE PHIL. v. RAUL HAROVILLA

  • A.M. No. RTJ-02-1693 August 21, 2002 - OSCAR M. POSO v. JUDGE JOSE H. MIJARES, ET AL.

  • G.R. No. 146684 August 21, 2002 - PEOPLE OF THE PHIL. v. RAMIL SAJOLGA

  • A.M. No. MTJ-00-1323 August 22, 2002 - Judge PEDRO B. CABATINGAN SR. (Ret.) v. Judge CELSO A. ARCUENO

  • Adm. Matter No. RTJ-01-1648 August 22, 2002 - BASA AIR BASE SAVINGS & LOAN ASSO. v. JUDGE GREGORIO G. PIMENTEL, JR.

  • G.R. No. 101115 August 22, 2002 - REPUBLIC OF THE PHILIPPINES v. COURT OF APPEALS

  • G.R. No. 127086 August 22, 2002 - ARC-MEN FOOD INDUSTRIES CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 129035 August 22, 2002 - PEOPLE OF THE PHIL. v. ANNABELLE FRANCISCO

  • G.R. No. 130965 August 22, 2002 - PEOPLE OF THE PHILIPPINES v. RESTITUTO CABACAN

  • G.R. No. 131812 August 22, 2002 - PEOPLE OF THE PHILIPPINES v. MANUEL YLANAN

  • G.R. No. 131874 August 22, 2002 - PEOPLE OF THE PHILIPPINES v. JUDY MATORE

  • G.R. No. 132374 August 22, 2002 - PEOPLE OF THE PHILIPPINES v. LUCIO ALBERTO

  • G.R. No. 134372 August 22, 2002 - MANUEL CAMACHO v. ATTY. JOVITO A. CORESIS, JR., ET AL.

  • G.R. No. 135877 August 22, 2002 - PEOPLE OF THE PHILIPPINES v. ERNESTO O. NICOLAS

  • G.R. No. 136449 August 22, 2002 - CARMELITA S. MENDIGORIN v. MARIA CABANTOG

  • G.R. Nos. 146297-304 August 22, 2002 - PEOPLE OF THE PHIL. v. ALLAN CASTRO

  • G.R. No. 146687 August 22, 2002 - PEOPLE OF THE PHILIPPINES v. BONNIE R. RABANAL

  • G.R. No. 146790 August 22, 2002 - PEOPLE OF THE PHILIPPINES v. JOVITO SITAO

  • A.M. No. MTJ-01-1345 August 26, 2002 - ATTY. JULIETA A. OMAÑA v. JUDGE PRUDENCIO A. YULDE

  • A.M. No. RTJ-02-1718 August 26, 2002 - MIGUELA BONTUYAN v. JUDGE GAUDIOSO D. VILLARIN

  • G.R. No. 139695 August 26, 2002 - PEOPLE OF THE PHILIPPINES v. GUILLERMO FERRER

  • G.R. No. 145391 August 26, 2002 - AVELINO CASUPANAN, ET AL. v. MARIO LLAVORE LAROYA

  • A.M. No. MTJ-02-1454 August 27, 2002 - ARIEL Y. PANGANIBAN v. JUDGE MA. VICTORIA N. CUPIN-TESORERO

  • A.M. No. P-02-1630 August 27, 2002 - EFREN V. PEREZ v. ELADIA T. CUNTING

  • G.R. No. 136974 August 27, 2002 - SALVADOR K. MOLL v. HON. MAMERTO M. BUBAN

  • G.R. No. 123340 August 29, 2002 - LUTGARDA CRUZ v. COURT OF APPEALS

  • G.R. No. 134468 August 29, 2002 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134534 August 29, 2002 - PEOPLE OF THE PHILIPPINES v. SPO1 RAFAEL TRAPANE

  • G.R. No. 138869 August 29, 2002 - DAVID SO v. COURT OF APPEALS

  • G.R. No. 139251 August 29, 2002 - MA. ERLY P. ERASMO v. HOME INSURANCE & GUARANTY CORP.

  • G.R. Nos. 140067-71 August 29, 2002 - PEOPLE OF THE PHILIPPINES v. REMEDIOS MALAPIT, ET AL.

  • G.R. Nos. 142779-95 August 29, 2002 - PEOPLE OF THE PHIL. v. CAMILO SORIANO

  • G.R. Nos. 146357 & 148170 August 29, 2002 - PEOPLE OF THE PHILIPPINES v. MATIAS LAGRAMADA

  • G.R. No. 149839 August 29, 2002 - DRA. NEREA RAMIREZ-JONGCO, ET AL. v. ISMAEL A. VELOSO III