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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-2003 Jurisprudence                 

  • G.R. No. 122103 November 4, 2003 - PEOPLE OF THE PHIL. v. WILFREDO PABILLO

  • G.R. Nos. 138662-63 November 4, 2003 - PEOPLE OF THE PHIL. v. ROBERTO A. MADERA

  • G.R. No. 148126 November 10, 2003 - GEORGE T. VILLENA v. SPS. ANTONIO & NOEMI CHAVEZ, ET AL.

  • G.R. Nos. 160261, 160262, 160263, 160277, 160292, 160295, 160310, 160318, 160342, 160343, 160360, 160365, 160370, 160376, 160392, 160397, 160403 & 160405 November 10, 2003 - ERNESTO B. FRANCISCO, JR., ET AL. v. HOUSE OF REPRESENTATIVES, ET AL.

  • A.C. No. 6139 November 11, 2003 - DOMINADOR L. CABANILLA v. ANA LUZ B. CRISTAL-TENORIO

  • A.M. No. P-01-1521 November 11, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. GREGORIO M. MALLARE, ET AL.

  • A.M. No. RTJ-03-1748 November 11, 2003 - JULIE C. PITNEY v. ZEUS C. ABROGAR

  • G.R. No. 126624 November 11, 2003 - OSCAR SANTOS v. COURT OF APPEALS, ET AL

  • G.R. No. 133250 November 11, 2003 - FRANCISCO I. CHAVEZ v. PUBLIC ESTATES AUTHORITY, ET AL.

  • G.R. Nos. 133547 & 133843 November 11, 2003 - HEIRS OF ANTONIO PAEL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136397 November 11, 2003 - PEOPLE OF THE PHIL. v. ALBERTO DAGAMI

  • G.R. No. 138612 November 11, 2003 - PEOPLE OF THE PHIL. v. PERCIVAL GONZA

  • G.R. Nos. 140388-91 November 11, 2003 - PEOPLE OF THE PHIL. v. ERNESTO ALVAREZ

  • G.R. No. 144050 November 11, 2003 - PEOPLE OF THE PHIL. v. NELSON ANCHETA PUA, ET AL.

  • G.R. No. 144134 November 11, 2003 - MARIVELES SHIPYARD CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 145431 November 11, 2003 - ROMEO PALOMA v. COURT OF APPEALS, ET AL.

  • G.R. No. 147800 November 11, 2003 - UNITED COCONUT PLANTERS BANK v. TEOFILO C. RAMOS

  • G.R. Nos. 155560-62 November 11, 2003 - ALEEM AMERODDIN SARANGANI v. COMELEC, ET AL.

  • A.M. No. MTJ-03-1513 November 12, 2003 - SPS. JAIME and PURIFICACION MORTA v. ANTONIO C. BAGAGÑAN, ET AL.

  • G.R. No. 119800 November 12, 2003 - FILIPINAS TEXTILE MILLS, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 121177 November 12, 2003 - PEOPLE OF THE PHIL. v. CHARLIE ALMOGUERRA, ET AL

  • G.R. Nos. 121731-33 November 12, 2003 - PEOPLE OF THE PHIL. v. DARWIN DAVID

  • G.R. No. 138256 November 12, 2003 - CRESENCIANO DUREMDES v. AGUSTIN DUREMDES

  • G.R. Nos. 141724-27 November 12, 2003 - PEOPLE OF THE PHIL. v. ARNULFO ORANDE

  • G.R. No. 146094 November 12, 2003 - PHIL. TRANSMARINE CARRIERS v. FELIPE D. CORTINA

  • G.R. No. 148407 November 12, 2003 - MA. LUISA OLARTE v. LEOCADIA NAYONA

  • G.R. No. 150633 November 12, 2003 - HEIRS OF DEMETRIO MELCHOR v. JULIO MELCHOR

  • A.M. No. P-03-1733 November 18, 2003 - ONOFRE M. MARANAN v. NECITAS A. ESPINELI

  • G.R. No. 127624 November 18, 2003 - BPI LEASING CORP. v. COURT OF APPEALS, ET AL

  • G.R. Nos. 137147-48 November 18, 2003 - BANK OF THE PHIL. ISLANDS v. CARLOS LEOBRERA, ET AL.

  • G.R. No. 140513 November 18, 2003 - PEOPLE OF THE PHIL. v. BIENVENIDO DE LA CRUZ

  • G.R. No. 141766 November 18, 2003 - PEOPLE OF THE PHIL. v. ROGER OSPIG

  • G.R. No. 142532 November 18, 2003 - PEOPLE OF THE PHIL. v. JOHNNY M. QUIZON

  • G.R. No. 144412 November 18, 2003 - ALLIED BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 148401 November 18, 2003 - PEOPLE OF THE PHIL. v. REGINALD M. GUILLERMO

  • G.R. Nos. 148743-45 November 18, 2003 - PEOPLE OF THE PHIL v. FELIX MONTES

  • G.R. No. 148810 November 18, 2003 - PEOPLE OF THE PHIL v. HEVER PAULINO

  • G.R. No. 152154 November 18, 2003 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 156063 November 18, 2003 - MELECIO ALCALA, ET AL v. JOVENCIO VILLAR

  • O.C. A.M. No. 00-02 November 19, 2003 - ALBERTO V. GARONG v. ALFREDO L. BENIPAYO, ET AL.

  • A.M. No. P-01-1519 November 19, 2003 - NELSONIDA T. ULAT-MARRERO v. ANTONIO B. TORIO, JR.

  • A.M. No. RTJ-03-1812 November 19, 2003 - PABLITO R. SORIA, ET AL. v. FRANKLYN A. VILLEGAS

  • G.R. No. 125784 November 19, 2003 - PEOPLE OF THE PHIL. v. DINDO VALLEJO, ET AL.

  • G.R. No. 128109 November 19, 2003 - PEOPLE OF THE PHIL. v. VENO ESPERAS

  • G.R. No. 144483 November 19, 2003 - STA. CATALINA COLLEGE, ET AL. v. NLRC, ET AL.

  • G.R. No. 152688 November 19, 2003 - PHIL. INTERNATIONAL TRADING CORP. v. COMMISSION ON AUDIT

  • A.M. No. 2003-5-SC November 20, 2003 - VALENTINO V. RUGA v. EDWIN S. LIGOT

  • G.R. No. 126376 November 20, 2003 - SPS. BERNARDO BUENAVENTURA and CONSOLACION JOAQUIN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 135441 November 20, 2003 - ROBERTO P. TOLENTINO v. DOLORES NATANAUAN, ET AL

  • G.R. No. 141316 November 20, 2003 - CLARA REYES PASTOR, ET AL v. PHILIPPINE NATIONAL BANK, ET AL

  • G.R. Nos. 147589 & 147689 November 20, 2003 - ANG BAGONG BAYANI v. COMELEC, ET AL.

  • G.R. No. 157216 November 20, 2003 - 246 CORP. v. REYNALDO B. DAWAY, ET AL.

  • A.M. No. MTJ-02-1422 November 21, 2003 - NEGROS GRACE PHARMACY v. ALFREDO P. HILARIO

  • A.M. No. RTJ-03-1813 November 21, 2003 - ANTONIO D. SELUDO v. ANTONIO J. FINEZA

  • G.R. Nos. 135779-81 November 21, 2003 - PEOPLE OF THE PHIL. v. LUCIANO DE GUZMAN, ET AL.

  • G.R. Nos. 150983-84 November 21, 2003 - PEOPLE OF THE PHIL. v. ROGELIO TALAVERA

  • A.M. No. P-99-1343 November 24, 2003 - ORLANDO T. MENDOZA v. ROSBERT M. TUQUERO, ET AL.

  • G.R. Nos. 135844-45 November 24, 2003 - PEOPLE OF THE PHIL v. DOMINADOR ILUIS

  • G.R. No. 139255 November 24, 2003 - RAYMOND MICHAEL JACKSON v. FLORITO S. MACALINO, ET AL

  • G.R. No. 139609 November 24, 2003 - PEOPLE OF THE PHIL. v. EXEQUIEL MAHINAY

  • G.R. No. 147259 November 24, 2003 - RICARDO ALCANTARA v. COURT OF APPEALS, ET AL.

  • G.R. No. 148191 November 25, 2003 - COMMISSIONER OF INTERNAL REVENUE v. SOLIDBANK CORP.

  • G.R. Nos. 159486-88 November 25, 2003 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN, ET AL.

  • A.M. No. P-02-1610 November 27, 2003 - RAPHAEL B. YRASTORZA, SR. v. MICHAEL A. LATIZA

  • A.M. No. RTJ-02-1741 November 27, 2003 - NORBERTO LOZADA, ET AL. v. LUIS J. ARRANZ

  • G.R. No. 123298 November 27, 2003 - PEOPLE OF THE PHIL. v. FRANCISCO L. CALPITO

  • G.R. No. 134460 November 27, 2003 - AQUILINA ESTRELLA, ET AL. v. NILA ESPIRIDION

  • G.R. Nos. 136592-93 November 27, 2003 - PEOPLE OF THE PHIL. v. MANOLITO PANCHO

  • G.R. No. 137366 November 27, 2003 - PEOPLE OF THE PHIL. v. ROMEO MOLE

  • G.R. No. 141186 November 27, 2003 - PEOPLE OF THE PHIL. v. RAUL S. PULANCO

  • G.R. No. 149808 November 27, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN LOPEZ

  • G.R. No. 151858 November 27, 2003 - PEOPLE OF THE PHIL. v. JOSELITO T. PASCUA

  • G.R. No. 151942 November 27, 2003 - SPS. GREGORIO GO and JUANA TAN GO v. JOHNSON Y. TONG, ET AL.

  • G.R. No. 156567 November 27, 2003 - JOSE RIMANO v. PEOPLE OF THE PHIL.

  • G.R. No. 137598 November 28, 2003 - PEOPLE OF THE PHIL. v. JAYSON BERDIN, ET AL.

  • G.R. No. 140227 November 28, 2003 - PEOPLE OF THE PHIL. v. ERWIN T. OTAYDE, ET AL.

  • G.R. Nos. 143435-36 November 28, 2003 - PEOPLE OF THE PHIL. v. ALEX L. FLORES

  • G.R. No. 148305 November 28, 2003 - SPS. ROGELIO & CONCHITA JALIQUE v. SPS. EPIFANIO & JULIETA DANDAN, ET AL.

  • G.R. No. 152080 November 28, 2003 - LORETTA P. DELA LLANA v. COMELEC, ET AL.

  • G.R. No. 155087 November 28, 2003 - EDUARDO T. SAYA-ANG, SR., ET AL. v. COMELEC, ET AL.

  • G.R. No. 157249 November 28, 2003 - HOMER T. SAQUILAYAN v. COMELEC, ET AL.

  •  





     
     

    G.R. No. 149808   November 27, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN LOPEZ

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 149808. November 27, 2003.]

    PEOPLE OF THE PHILIPPINES, Appellee, v. BENJAMIN LOPEZ, Appellant.

    D E C I S I O N


    YNARES-SANTIAGO, J.:


    Appellant Benjamin Lopez was charged before the Regional Trial Court of Panabo, Davao, Branch 34, in Criminal Case No. 97-196 with the crime of rape in an Information 1 which reads:chanrob1es virtual 1aw library

    That on or about August 16, 1997, in the municipality of Carmen, Province of Davao, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, armed with long firearm and batangas knife, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of Louvella Gillen y Manulat, a 15 year old girl, against her will.chanrob1es virtua1 1aw 1ibrary

    CONTRARY TO LAW.

    On arraignment, appellant pleaded "not guilty." Trial on the merits ensued.

    The prosecution presented as witnesses Louvella Gillen, Jonathan Gaita and Dr. Eleanor Salva while the defense presented Guillermo Garbino, Crestito Ellar, Rolando Deocampo, Bonifacio Geraldo and the accused himself.

    The facts:chanrob1es virtual 1aw library

    On August 16, 1997 at 11:00 p.m., complainant Louvella Gillen, Rene Sarita, Jonathan Gaita and a certain "Tata" were walking towards San Francisco, Panabo, Davao after attending a barrio fiesta. They stopped to take a short rest at Mabuhay National High School. Suddenly, a tall, medium-built and barefoot man appeared from nowhere carrying a long firearm. He was sporting a moustache and was wearing a black t-shirt and short pants with a jacket tied around his waist.

    The man, who turned out to be appellant, pointed the gun at them and told Louvella’s companions to leave. He threatened to shoot them if they will not heed his instructions, so Rene, Jonathan and "Tata" were constrained to flee for safety and leave behind Louvella with the intruder.

    Appellant pointed the gun at Louvella’s back and forced her to walk towards Puyad Farms, a banana plantation nearby. Louvella begged appellant to let her go but to no avail. Upon reaching the banana plantation, appellant forced Louvella to undress. She tried to fight back, but appellant pressed a knife at her back. He then forcibly removed Louvella’s undergarments, fondled her breasts, kissed her neck, and succeeded in having sexual intercourse with her.

    On August 18, 1997, Louvella went to Dr. Eleanor Salva to undergo a gynecological examination. Dr. Salva found that Louvella suffered recent abrasions on the right upper portion and lower portion of her labia majora, about two to three days old. She concluded that Louvella was indeed a victim of rape.chanrob1es virtua1 1aw 1ibrary

    That same day, Louvella executed an Affidavit-Complaint 2 at the Carmen Police Station against appellant for rape.

    Appellant denied the charge against him. He averred that from 7:00 p.m. to midnight of August 16, 1997, he was in the vicinity of the basketball court where an amateur singing contest was being held. After midnight, he went home together with Guillermo Garbino and Leonardo Corcuera. On their way home, they met Louvella who informed them that she was raped near the school by a man who was wearing short pants and mask. According to appellant, he even gave Louvella a glass of water and also requested a passerby to accompany her to Dalisay Village where she lives.

    Cristito Ellar, whose house was about ten meters away from the place where the singing contest was held, testified that on August 16, 1997 from around 10:30 p.m. to 12:30 a.m., appellant was near the vicinity of the basketball court and that he never saw him leave. He admitted, however, that there is a banana plantation nearby which can be reached in five minutes from the basketball court.

    Another defense witness, Rolando Deocampo, testified that on the night of the incident, he saw appellant at the multi-purpose hall discharging his duties as a Civilian Volunteer Organization member. He left the multi-purpose hall at around 12:30 a.m. and, while on his way home, he met Louvella who was visibly distraught. He asked her what the matter was but the latter ignored him and proceeded towards the multi-purpose hall.

    Guillermo Garbino also testified that on the night of the incident he saw appellant near the vicinity of the multi-purpose hall and he even asked him to get rattan chairs from the house of ex-barangay captain Leonardo Corcuera. After the amateur singing contest, he went home with other persons, including appellant. On their way home, they met Louvella, who told them that she was raped by someone she could not identify because he was wearing a black bonnet.

    Bonifacio Geraldo testified that he was the one who took down Louvella’s statement in the blotter wherein she stated that she failed to identify the person who raped her because he was wearing a bonnet and that it was nighttime.

    On June 6, 2001, the trial court rendered a decision, 3 the dispositive portion of which reads:chanrob1es virtual 1aw library

    WHEREFORE, the Court finds Benjamin Lopez with having raped Louvella Gillen and sentences him to suffer the penalty of reclusion perpetua, to pay Louvella Gillen indemnity ex delicto of P50,000.00 and moral damages of P50,000.00 and to suffer accessories provided by law.

    SO ORDERED.

    Hence, this appeal, raising the following assignment of errors:chanrob1es virtual 1aw library

    1. The lower court erred in holding that the victim Louvella Gillen positively and repeatedly identified Benjamin Lopez as her rapist; andchanrob1es virtua1 1aw 1ibrary

    2. The lower court erred in holding that the presumption of innocence in favor of the accused has been overcome.

    More specifically, appellant cites the inconsistency between Louvella’s claim that she could identify her rapist through his physical appearance, moustache and voice, and her admission that she only learned for the first time the name of Benjamin Lopez after the incident and she never spoke to him before.

    We are not convinced.

    We simply cannot discount the possibility that Louvella could recognize appellant by his voice considering that appellant and Louvella’s mother worked in the same banana plantation. At one time or another, Louvella must have heard appellant speak and therefore recognized his voice. Besides, the most natural reaction of victims of violence is to strive to see the appearance of the perpetrator of the crime and observe the manner in which the crime is being committed. 4 A person may be identified not only by his face or voice but also by his physique. 5 Louvella’s failure to initially identify her rapist by name is not fatal considering that she subsequently and satisfactorily established his identity by means of his physique and voice.

    In any case, the issue of whether appellant was identified as the perpetrator of the crime is a question of credibility. It is well-entrenched in this jurisdiction that factual findings of the trial court on the credibility of witnesses and their testimonies are entitled to the highest respect and will not be disturbed on appeal in the absence of any clear showing that it overlooked, misunderstood or misapplied some facts or circumstances of weight and substance that would have affected the result of the case. Having seen and heard the witnesses themselves and observed their behavior and manner of testifying, the trial judge was in a better position to determine their credibility. 6

    By way of defense, appellant could only interpose alibi. The twin requirements for the defense of alibi to be plausible are: first, they must prove that they were nowhere in the vicinity of the crime at the time of its commission; they must prove that they were somewhere else instead; second, they must prove that it was highly impossible for them to be present at the crime scene at the time of its occurrence. 7 Where there is even the least chance for the accused to be present at the crime scene, the defense of alibi will not hold water. 8 At the time of the commission of the crime, it is undisputed that appellant was only one hundred to two hundred meters away from the crime scene. He thus failed to prove the physical impossibility of his being present at the place where the crime was committed. Appellant’s alibi therefore deserves no consideration at all.

    Article 335 of the Revised Penal Code as amended by Republic Act No. 7659, which was the law in effect at the time of the commission of the crime, provided:chanrob1es virtual 1aw library

    When and how rape is committed. — Rape is committed by having carnal knowledge of a woman under any of the following circumstances:chanrob1es virtual 1aw library

    1. By using force and intimidation;chanrob1es virtua1 1aw 1ibrary

    x       x       x


    The crime of rape shall be punished by reclusion perpetua.

    The trial court correctly imposed the penalty of reclusion perpetua on appellant. It likewise properly awarded the amount of P50,000.00 as civil indemnity which is mandatory upon a finding of rape 9 as well as the award of P50,000.00 as moral damages which needs no proof since it is presumed that the rape victim suffered moral injuries. 10

    WHEREFORE, in view of the foregoing, the decision of the Regional Trial Court of Panabo City, Branch 34, in Criminal Case No. 97-196, finding appellant Benjamin Lopez guilty beyond reasonable doubt of the crime of rape and sentencing him to suffer the penalty of reclusion perpetua and to pay P50,000.00 as civil indemnity and P50,000.00 as moral damages, is AFFIRMED in toto.

    Costs de oficio.

    SO ORDERED.chanrob1es virtua1 1aw 1ibrary

    Davide, Jr., C.J., Panganiban, Carpio and Azcuna, JJ., concur.

    Endnotes:



    1. Records, p. 1.

    2. Records, p. 6.

    3. Penned by Judge Gregorio A. Palabrica.

    4. People v. Alipayo, G.R. No. 122979, 2 February 2000, 324 SCRA 447, 459.

    5. People v. Rosario, G.R. No. 144828, 6 August 2003.

    6. People v. Clidoro, G.R. No. 143004, 9 April 2003.

    7. People v. Alipayo, supra.

    8. People v. Parocha, G.R. No. 138866, 6 March 2002.

    9. People v. Palarca, G.R. No. 146020, 29 May 2002.

    10. People v. Palarca, supra.

    G.R. No. 149808   November 27, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN LOPEZ


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