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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
 

   
November-2002 Jurisprudence                 

  • G.R. No. 151801 November 11, 2002 - HAWAIIAN PHILIPPINE COMPANY v. HERNANDO BORRA, ET AL.

  • G.R. No. 154512 November 12, 2002 - VICTORINO DENNIS M. SOCRATES v. THE COMMISSION ON ELECTIONS

  • G.R. No. 126462 November 12, 2002 - NATALIA REALTY INC. v. COURT OF APPEALS

  • G.R. No. 133978 November 12, 2002 - JOSE S. CANCIO, JR. v. EMERENCIANA ISIP

  • G.R. Nos. 139240-43 November 12, 2002 - PEOPLE OF THE PHIL. v. ROLANDO ASPURIA

  • G.R. Nos. 143689-91 November 12, 2002 - SIXTO M. BAYAS and ERNESTO T. MATUDAY v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146423 November 12, 2002 - PEOPLE OF THE PHILIPPINES v. TEODORO D. DIVINA

  • G.R. No. 147395 November 12, 2002 - ADZHAR I. JAMAANI v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 147806 November 12, 2002 - NERISSA BUENVIAJE ET. AL. v. THE HONORABLE COURT OF APPEALS ET AL.

  • A.M. No. P-02-1569 November 13, 2002 - CARMELITA S. DANAO v. JESUS T. FRANCO, JR.

  • G.R. No. 133763 November 13, 2002 - UNITED HARBOR PILOTS’ ASSO. OF THE PHIL. v. ASSO. OF INTL. SHIPPING LINES

  • G.R. No. 140088 November 13, 2002 - PEOPLE OF THE PHIL. v. PHOEBE ASTUDILLO, ET AL.

  • G.R. No. 141943-45 November 13, 2002 - PEOPLE OF THE PHIL. v. DIOSDADO P. RECEPCION, ET AL.

  • G.R. No. 146100 November 13, 2002 - PEOPLE OF THE PHIL. v. JOHNNY LOTERONO

  • G.R. No. 146468 November 13, 2002 - PEOPLE OF THE PHIL. v. ROQUE ABELLANO

  • G.R. Nos. 146521-22 November 13, 2002 - PEOPLE OF THE PHIL. v. NARDITO ALEMANIA

  • G.R. No. 153475 November 13, 2002 - MIGUEL M. LINGATING v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 143005 November 14, 2002 - PEOPLE OF THE PHILIPPINES v. JUANITO ESTRADA

  • G.R. No. 143868 November 14, 2002 - OSCAR C. FERNANDEZ v. SPS. CARLOS and NARCISA TARUN

  • A.M. No. 2002-15-SC November 15, 2002 - Re: Habitual Tardiness First Semester 2002

  • A.M. No. RTJ-01-1663 November 15, 2002 - MAIMONA MANONGGIRING v. JUDGE AMER R. IBRAHIM

  • G.R. Nos. 132484-85 November 15, 2002 - PEOPLE OF THE PHILIPPINES v. JULLIVER DE LEON

  • G.R. No. 141314 November 15, 2002 - REPUBLIC OF THE PHILIPPINES v. MANILA ELECTRIC COMPANY

  • G.R. Nos. 146464-67 November 15, 2002 - PEOPLE OF THE PHIL. v. JOSE VILLANUEVA

  • G.R. No. 148699 November 15, 2002 - PEOPLE OF THE PHIL. v. AM WILSON L. MANIJAS

  • G.R. No. 152332 November 15, 2002 - DR. ROBERTO DE LEON v. EDUARDO CALALO

  • G.R. No. 152886 November 15, 2002 - ROSENDO E. CAPIRAL v. SPS. MAXIMA and DANIEL VALENZUELA

  • A.M. No. P-93-960 November 18, 2002 - TERESITA ROMERO v. ENRIQUETA CASTELLANO

  • G.R. No. 113459 November 18, 2002 - COMMISSIONER OF INTERNAL REVENUE v. JOSEFINA LEAL

  • G.R. No. 129235 November 18, 2002 - PEOPLE OF THE PHIL. v. FAUSTINO MORANO, ET AL.

  • G.R. No. 130423 November 18, 2002 - VIRGIE SERONA v. COURT OF APPEALS, ET AL.

  • G.R. No. 131421 November 18, 2002 - GERONIMO DADO v. PEOPLE OF THE PHIL.

  • G.R. No. 137191 November 18, 2002 - BEN B. RICO v. PEOPLE OF THE PHIL.

  • G.R. No. 137454 November 18, 2002 - PEOPLE OF THE PHIL. v. JERRY D. CANTUBA

  • G.R. Nos. 140004-05 November 18, 2002 - PEOPLE OF THE PHIL. v. VICTORIO C. NEBRIA

  • G.R. No. 140216 November 18, 2002 - THE PEOPLE OF THE PHILIPPINES v. RENATO C. BACUS

  • G.R. No. 140635 November 18, 2002 - THE PEOPLE OF THE PHIL. v. MARIO O. TERRIBLE

  • G.R. No. 142244 November 18, 2002 - ATLAS FARMS v. NLRC, ET AL.

  • G.R. Nos. 146641-43 November 18, 2002 - PEOPLE OF THE PHIL. v. RICA G. CUYUGAN

  • G.R. Nos. 149414-15 November 18, 2002 - PEOPLE OF THE PHIL. v. ANGEL AMANTE

  • G.R. No. 151891 November 18, 2002 - MAUYAG B. PAPANDAYAN, JR. v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 152163 November 18, 2002 - SABDULLAH T. MACABAGO v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 127060 November 19, 2002 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132389 November 19, 2002 - PEDRO CUPCUPIN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 139492 November 19, 2002 - LAGUNA CATV NETWORK v. HON. ALEX E. MARAAN

  • G.R. No. 142133 November 19, 2002 - METRO TRANSIT ORGANIZATION, INC. ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 143844-46 November 19, 2002 - PEOPLE OF THE PHIL. v. ATANACIO MENDOZA

  • G.R. No. 136762 November 21, 2002 - ASSOCIATED COMMUNICATIONS and WIRELESS SERVICES v. FIDELO Q. DUMLAO, ET AL.

  • G.R. No. 138494 November 21, 2002 - LEOSANDRO MELAYO v. PEOPLE OF THE PHIL.

  • G.R. No. 139368 November 21, 2002 - ROBIN M. CANO v. PNP CHIEF EDGAR C. GALVANTE, ET AL..

  • G.R. No. 139830 November 21, 2002 - ROLLY ADAME v. COURT OF APPEALS, ET AL.

  • G.R. No. 139982 November 21, 2002 - JULIAN FRANCISCO ET. AL.. v. PASTOR HERRERA

  • G.R. No. 140731 November 21, 2002 - PEOPLE OF THE PHIL. v. PABLITO A. ILO

  • G.R. No. 141344 November 21, 2002 - TEMISTOCLES TAPDASAN, JR. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 141592 November 21, 2002 - MARCELO CENTENO v. COURT OF APPEALS, ET AL.

  • G.R. No. 141914 November 21, 2002 - PEOPLE OF THE PHIL. v. PEDRO G. MONDIJAR

  • G.R. No. 144314 November 21, 2002 - SKIPPERS PACIFIC, INC., ET AL. v. MANUEL V. MIRA, ET AL.

  • G.R. No. 146103 November 21, 2002 - PEOPLE OF THE PHILIPPINES v. GEORGE WAD-AS

  • G.R. No. 146276 November 21, 2002 - PEOPLE OF THE PHIL. v. ANTONIO C. DUROHOM

  • G.R. No. 146425 November 21, 2002 - PEOPLE OF THE PHIL. v. ARNOLD NARCISO

  • G.R. No. 147182 November 21, 2002 - EVELYN M. RELUCIO v. CIVIL SERVICE COMMISSION and COURT OF APPEALS

  • G.R. No. 147671 November 21, 2002 - PEOPLE OF THE PHIL. v. RENANTE MENDEZ, ET AL.

  • G.R. Nos. 148917-18 November 21, 2002 - THE PEOPLE OF THE PHILIPPINES v. ABSOLON YONTO y UTOM

  • G.R. No. 149800 November 21, 2002 - RICARDO V. QUINTOS v. COMELEC, ET AL.

  • G.R. No. 137533 November 22, 2002 - TALA REALTY SERVICES CORPORATION v. BANCO FILIPINO SAVINGS AND MORTGAGE BANK

  • G.R. No. 144116 November 22, 2002 - CESAR MONTANEZ v. NESTOR MENDOZA

  • G.R. No. 146470 November 22, 2002 - PEOPLE OF THE PHILIPPINES v. MILA RAZUL y BASHIED

  • A.M. No. MTJ-99-1223 November 26, 2002 - SPS. TEOFILA and GREGORIO MAGALLON v. JUDGE ANTONIO F. PARAGUYA

  • A.M. No. RTJ-02-1711 November 26, 2002 - Atty. BENJAMIN RELOVA v. Judge ANTONIO M. ROSALES

  • G.R. No. 120014 November 26, 2002 - FRANCISCO Q. AURILLO v. NOEL RABI

  • G.R. No. 132081 November 26, 2002 - JOEL M. SANVICENTE v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 138478 November 26, 2002 - PACIFIC AIRWAYS CORPORATION, ET AL. v. JOAQUIN TONDA

  • G.R. No. 143196 November 26, 2002 - STI DRIVERS ASSOCIATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143376 November 26, 2002 - LENI O. CHOA v. ALFONSO C. CHOA

  • G.R. Nos. 145339-42 November 26, 2002 - PEOPLE OF THE PHILIPPINES v. ARTHUR MENDOZA and DAVE MENDOZA

  • G.R. No. 148514 November 26, 2002 - LUCRATIVE REALTY AND DEVELOPMENT CORPORATION v. RICARDO C. BERNABE JR.

  • G.R. No. 149375 November 26, 2002 - MARVIN MERCADO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 150164 November 26, 2002 - GLORIOSA V. VALARAO v. CONRADO C. PASCUAL and MANUEL C. DIAZ

  • A.M. No. 02-2-12-SC November 27, 2002 - DR. CORA J. VIRATA v. JUDGE FRANCISCO G. SUPNET

  • A.M. No. 00-6-09-SC November 27, 2002 - RE: IMPOSITION OF CORRESPONDING PENALTIES

  • A.M. No. 02-9-24-0 November 27, 2002 - RE: LOSS OF EXTRAORDINARY ALLOWANCE CHECK NO. 1106739 OF JUDGE EDUARDO U. JOVELLANOS

  • G.R. No. 133386 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. ROMEO LLANDA

  • G.R. No. 133827 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. COSME L. PASTORETE

  • G.R. Nos. 137766-67 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. ILADIO CARALIPIO

  • G.R. No. 138197 November 27, 2002 - MA. ELIZA C. GARCIA v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 139130 November 27, 2002 - RAMON K. ILUSORIO v. HON. COURT OF APPEALS, ET AL.

  • G.R. Nos. 139187-94 (140427-34) November 27, 2002 - PEOPLE OF THE PHILIPPINES v. RICARDO SOLMORO

  • G.R. No. 139472 November 27, 2002 - PEOPLE OF THE PHIL. v. RAUL R. GUIMBA, ET AL.

  • G.R. No. 139946 November 27, 2002 - RAMON J. FAROLAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 140374 November 27, 2002 - JANE C. ABALOS, ET AL. v. PHILEX MINING CORPORATION

  • G.R. No. 141365 November 27, 2002 - SPS. FELIPE and FLORA YULIENCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143369 November 27, 2002 - LEOPOLDO C. LEONARDO v. VIRGINIA TORRES MARAVILLA, ET AL.

  • G.R. No. 144266 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. WILSON ANTONIO, JR.

  • G.R. No. 145727 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. RONILO FERRERA

  • G.R. No. 146553 November 27, 2002 - BANK OF THE PHILIPPINE ISLANDS v. Sps. WILLIE AND JULIE L. EVANGELISTA, ET AL.

  • G.R. No. 153700 November 27, 2002 - ESTRELLA C. PABALAN v. ANASTACIA B. SANTARIN

  • A.M. No. P-02-1649 November 29, 2002 - OFFICE OF THE COURT ADMINISTRATOR v. ELIZABETH T. IBAY

  • A.M. Nos. RTJ-01-1639 & 00-9-427-RTC November 29, 2002 - JUDITH B. ERMITANIO v. MA. THERESA DELA TORRE-YADAO

  • G.R. Nos. 141489–90 November 29, 2002 - SENATOR AQUILINO Q. PIMENTEL, ET AL. v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL, ET AL.

  •  





     
     

    G.R. No. 145727   November 27, 2002 - PEOPLE OF THE PHILIPPINES v. RONILO FERRERA

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 145727. November 27, 2002.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONILO FERRERA, Accused-Appellant.

    D E C I S I O N


    BELLOSILLO, Acting C.J.:


    Automatic review of a death penalty.

    In an Information filed by Public Prosecutor Reynaldo R. Guayco it was alleged that in the evening of 26 April 1995 at Sitio Balikbitin, San Nicolas, Coron, Palawan, the accused Ronilo Ferrera "who is the victim’s father and who exercises parental authority over her, with lewd design, and with force, threat and intimidation through the use of a fan knife . . . willfully, unlawfully and feloniously have carnal knowledge with his own daughter, one MELANIE C. FERRERA, 13 years old, against her will and consent." 1

    On 16 August 2000 the Regional Trial Court of Puerto Princesa City found accused-appellant Ronilo Ferrera guilty of qualified rape and sentenced him to death. He was also ordered to pay his victim, his own daughter, P75,000.00 as civil indemnity and P50,000.00 as moral damages, and to pay the costs.chanrob1es virtua1 1aw 1ibrary

    Melanie was born on 1 January 1982, the eldest of three (3) children of Ronilo Ferrera and Lita Cabagay. Ronilo and Lita separated when Melanie was still an infant so little Melanie lived with her paternal grandmother, Esmeralda Ferrera, in Barangay Alilay, Bungabong, Oriental Mindoro. In May 1992 when Melanie was about ten and a-half years old accused-appellant brought her to Sitio Balikbitin, San Nicolas, Coron, Palawan, to live with him and his common-law wife Analy Alfonso, together with their three (3) children.

    On 26 April 1995 at about 6 o’clock in the evening Ronilo together with his now thirteen (13)-year-old Melanie was at the house of his cousin Pablo Rey, Jr., who at the time was having a drinking spree with two (2) companions. They were joined in by Ronilo. While waiting for her father, Melanie went to the house of Pancho Viongan, a neighbor of Pablo, to watch a betamax movie.

    At around 9:30 in the evening, Ronilo and Melanie left for home. On their way, he told her that they would rest first in the small hut along the way instead of proceeding straight to their house. Melanie objected so she continued walking only to be berated by Ronilo who then forcibly dragged her on the side of the road until they reached the bridge. Ronilo undressed her and forced her to lie on the ground. He also took off his clothes and poking a knife at the waist of Melanie copulated with her, after which they proceeded home to Sitio Balikbitin.

    The following morning Melanie reported the incident to her stepmother but the latter took no heed, so she sought the help of her uncle Pablo Rey, Jr., and together they brought the matter to the police. She underwent medical examination and the result indicated that she suffered new hymenal lacerations at 3 o’clock, 7 o’clock and 11 o’clock positions. 2

    Denying that he raped his daughter, Accused-appellant claimed that on the night of the 26 April 1995, at about the time of the incident for which he was charged, he was a chainsaw operator in Barangay Torda which was some three (3) hours away by boat. He maintained that the charges against him were filed upon the instigation of his cousin Pablo Rey, Jr. who had quarreled with him earlier. Ronilo admitted though that Melanie was his daughter and that when the crime was supposed to have been committed she was thirteen (13)-years old.

    Accused-appellant, in his Brief, no longer questions his conviction for rape but prays that his sentence be reduced to reclusion perpetua in view of the failure of the prosecution to prove the minority of his daughter with sufficient evidence within the purview of current jurisprudence.chanrob1es virtua1 1aw 1ibrary

    We find the contention meritorious. Although the Information alleged both the relationship of the offender to the victim and her minority when she was raped, the prosecution did not offer any other evidence, documentary or otherwise, to prove her actual age. The fact that accused-appellant admitted that the victim was his daughter and that she was only thirteen (13)-years old at the time of the rape is not sufficient for purposes of convicting him of qualified rape. The qualifying circumstances of relationship and minority must not only be concurrently and specifically alleged in the Information but must likewise be proved beyond reasonable doubt. Even if the defense did not contest the minority of the victim, it is still incumbent upon the prosecution to prove her age with absolute certainty. 3 In the instant case, no independent evidence was presented by the prosecution to establish the minority of the victim, e.g., a duly authenticated Certificate of Live Birth, Baptismal Certificate, school records, or any other authentic document proving her age. Hence, we have no alternative but to hold accused-appellant liable for simple rape and not qualified rape. 4

    This Court observes that even the trial court failed to make a categorical finding on the age of Melanie. It imposed the death penalty only on the basis of the admission of accused-appellant that Melanie was thirteen (13)-years old at the time of the commission of the crime. Thus —

    Although the Live Birth Certificate of the victim was not presented in Court, the age and paternity of the victim was admitted by the accused in open Court when clarificatory question was propounded by the Court where accused declared (TSN-EAP, page 6 and 9, 2000) —

    Q What is your relationship with the victim?

    A My daughter, Sir.

    Q How old is your daughter when she filed a case against you?

    A Thirteen (13) Sir.

    Having been proven that the victim Melanie Ferrera is (sic) 13 years old at the time of the commission of the crime and that the accused Ronilo Ferrera is the natural father of the victim, this Court has no alternative but to impose what is provided from what the law commands . . . 5

    The life of the accused cannot be made to depend on mere conjectures or surmises. Considering the severity of the penalty involved, courts must take an extremely careful stance in assessing the evidence presented. All the elements of the crime as well as every qualifying circumstance must be established beyond reasonable doubt. By soliciting an admission from the accused as regards the minority of his victim and thereafter imposing the death penalty based solely on his admission is tantamount to pretending to guide him along a dark tunnel only to lead him directly into the lion’s den. This cannot be tolerated in our criminal jurisdiction. After all, in criminal cases, all doubts are still resolved in favor of the accused. 6

    The failure of the prosecution to prove beyond reasonable doubt the minority of the victim at the time of the commission of the crime bars the conviction of accused-appellant for qualified rape. Thus, the proper penalty to be imposed upon him is only reclusion perpetua, not death.

    Nonetheless, the aggravating circumstance of relationship was duly established. The Information expressly alleged that accused-appellant was the father of the victim and that he himself admitted this in open court. The aggravating circumstance of relationship having been satisfactorily alleged and proved, exemplary damages in the amount of P20,000.00, in addition to the civil indemnity and moral damages awarded by trial court, may also be properly granted to the victim in line with prevailing jurisprudence.

    WHEREFORE, the Decision of the trial court is AFFIRMED with the MODIFICATION that accused-appellant RONILO FERRERA is found guilty of Simple Rape, not Qualified Rape, and sentenced to suffer the penalty of Reclusion Perpetua, instead of Death. The award of P75,000.00 as civil indemnity and P50,000.00 as moral damages imposed by trial court is AFFIRMED. In addition, Accused-appellant is further directed to pay Melanie Ferrera P20,000.00 for exemplary damages.chanrob1es virtua1 1aw 1ibrary

    Costs de oficio.

    SO ORDERED.

    Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr. and Azcuna, JJ., concur.

    Davide, Jr., C.J. and Puno, J., on official leave.

    Endnotes:



    1. Decision penned by Judge Fernando R. Gomez, Jr., RTC-Br. 52, Puerto Princesa City.

    2. Exh. "B;" Original Records, p. 67.

    3. People v. Javier, G.R. No. 126096, 26 July 1999, 311 SCRA 122; People v. Cula, G.R. No. 133146, 28 March 2000, 329 SCRA 101.

    4. People v. Barrozo, G.R. Nos. 138726-27, 3 July 2002.

    5. See Note 1, pp. 6-7; Rollo, pp. 12-13.

    6. People v. Dumalahay, G.R. Nos. 131837-38, 2 April 2002.

    G.R. No. 145727   November 27, 2002 - PEOPLE OF THE PHILIPPINES v. RONILO FERRERA


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