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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-2003 Jurisprudence                 

  • A.M. No. P-03-1705 September 2, 2003 - BALDOMERO DE VERA SOLIMAN, JR. v. PRINCESITO D. SORIANO

  • G.R. No. 138238 September 2, 2003 - EDUARDO BALITAOSAN v. SECRETARY OF EDUCATION, CULTURE AND SPORTS

  • G.R. No. 146980 September 2, 2003 - LUZ E. TAGANAS, ET AL. v. MELITON G. EMUSLAN, ET AL.

  • A.C. No. 3967 September 3, 2003 - ARTEMIO ENDAYA v. WILFREDO OCA

  • A.C. No. 6084 September 3, 2003 - FELICITAS BERBANO v. WENCESLAO BARCELONA

  • A.M. No. 02-10-614-RTC September 3, 2003 - RE: EDITORIAL OF THE NEGROS CHRONICLE AND OTHER CHARGES OF A CONCERNED CITIZEN AGAINST JUDGE ROGELIO CARAMPATAN

  • A.M. No. OCA-01-6 September 3, 2003 - DOMINADOR V. ASPIRAS v. ESMERALDA ABALOS

  • A.M. No. P-01-1466 September 3, 2003 - EDUARDO F. BAGO v. JOEL FERAREN

  • A.M. No. RTJ-99-1501 September 3, 2003 - ROMEO E. EJERCITO v. ILDEFONSO B. SUERTE

  • G.R. No. 131915 September 3, 2003 - PEOPLE OF THE PHIL. v. EDDIE LACHICA, ET AL.

  • G.R. No. 136274 September 3, 2003 - SUNFLOWER NEIGHBORHOOD ASSOCIATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139400 September 3, 2003 - PEOPLE OF THE PHIL. v. MAURICIO WATIWAT

  • G.R. No. 140652 September 3, 2003 - OLIVERIO LAPERAL v. PABLO V. OCAMPO

  • G.R. No. 144312 September 3, 2003 - PEOPLE OF THE PHIL. v. CHUA TAN LEE

  • G.R. No. 145737 September 3, 2003 - CIVIL SERVICE COMMISSION v. EVELYN P. CAYOBIT

  • G.R. No. 149617 September 3, 2003 - MARIANO JOAQUIN S. MACIAS v. MARGIE CORPUS MACIAS

  • G.R. No. 141527 September 4, 2003 - PEOPLE OF THE PHIL. v. RANDY G. BOCALAN

  • A.M. No. RTJ-03-1788 September 5, 2003 - JORGE F. ABELLA v. FRANCISCO L. CALINGIN

  • A.M. No. MTJ-02-1430 September 8, 2003 - ROMEO B. SENSON v. HERIBERTO M. PANGILINAN

  • G.R. No. 128296 September 8, 2003 - NASIPIT LUMBER CO., ET AL. v. NATIONAL WAGES AND PRODUCTIVITY COMMISSION, ET AL.

  • G.R. No. 152957 September 8, 2003 - FAUSTINO ESQUIVEL v. EDUARDO REYES

  • A.M. No. MTJ-03-1480 September 10, 2003 - TRINIDAD CABAHUG v. JASPER JESSE G. DACANAY

  • G.R. No. 91486 September 10, 2003 - ALBERTO G. PINLAC, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107271 September 10, 2003 - CITY OF CALOOCAN, ET AL. v. MAURO T. ALLARDE, ET AL.

  • G.R. No. 125329 September 10, 2003 - ANN BRIGITT LEONARDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140762 September 10, 2003 - PEOPLE OF THE PHIL. v. ROGER C. ROXAS

  • G.R. No. 148912 September 10, 2003 - PEOPLE OF THE PHIL. v. TIMOTEO ESCARLOS

  • G.R. No. 151212 September 10, 2003 - TEN FORTY REALTY AND DEVELOPMENT CORP. v. MARINA CRUZ

  • A.M. No. P-02-1562 September 11, 2003 - ROMULO SG. VILLANUEVA v. CHARLIE C. LARCENA

  • A.M. No. RTJ-02-1742 September 11, 2003 - AVELINA MADULA v. RUTH CRUZ SANTOS

  • G.R. Nos. 136286-89 September 11, 2003 - PEOPLE OF THE PHIL. v. EFREN G. DE TAZA

  • G.R. No. 138366 September 11, 2003 - PEOPLE OF THE PHIL. v. RUBEN CAÑETE, ET AL.

  • G.R. No. 138569 September 11, 2003 - CONSOLIDATED BANK and TRUST CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144785 September 11, 2003 - YOLANDA GARCIA v. PEOPLE OF THE PHIL.

  • G.R. No. 145407 September 11, 2003 - PEOPLE OF THE PHIL. v. LEONITO HEREVESE

  • G.R. No. 151081 September 11, 2003 - TOP RATE CONSTRUCTION & GENERAL SERVICES v. PAXTON DEV’T. CORP., ET AL.

  • G.R. No. 153126 September 11, 2003 - MONTEREY FOODS CORP., ET AL. v. VICTORINO E. ESERJOSE

  • G.R. No. 153845 September 11, 2003 - EFREN P. SALVAN v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-03-1799 September 12, 2003 - MARIA CRISTINA OLONDRIZ PERTIERRA v. ALBERTO L. LERMA

  • G.R. No. 127206 September 12, 2003 - PERLA PALMA GIL v. COURT OF APPEALS, ET AL.

  • G.R. No. 135029 September 12, 2003 - PEOPLE OF THE PHIL. v. NESTOR CARRIAGA

  • G.R. No. 141600 September 12, 2003 - ROBERTO FULGENCIO, ET AL. v. NLRC, ET AL.

  • G.R. No. 144639 September 12, 2003 - PEOPLE OF THE PHIL. v. BENNY GO

  • G.R. Nos. 144972-73 September 12, 2003 - PEOPLE OF THE PHIL. v. RODOLFO JUNAS

  • G.R. No. 133365 September 16, 2003 - PLATINUM TOURS AND TRAVEL, INC. v. JOSE M. PANLILIO

  • G.R. Nos. 147814-15 September 16, 2003 - RAUL ZAPATOS v. PEOPLE OF THE PHIL.

  • G.R. No. 155278 September 16, 2003 - PRUDENCIO J. TANJUAN v. PHIL. POSTAL SAVINGS BANK

  • A.M. No. P-03-1740 September 17, 2003 - FRANKLIN Q. SUSA v. TEOFILA A. PEÑA

  • A.M. No. RTJ-01-1656 September 17, 2003 - EDGARDO D. BALSAMO v. PEDRO L. SUAN

  • G.R. No. 141120 September 17, 2003 - PEOPLE OF THE PHIL. v. FERNANDO BUENAVIDEZ

  • G.R. No. 146125 September 17, 2003 - NOVELTY PHIL., INC. v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-01-1347 September 18, 2003 - BENJAMIN TUDTUD v. MAMERTO Y. COLIFLORES

  • A.M. No. P-00-1370 September 18, 2003 - ALEJANDRO PAREDES, ET AL. v. JERRY MARCELINO

  • A.M. No. P-01-1510 September 18, 2003 - MARY ANN PADUGANAN-PEÑARANDA v. GRACE L. SONGCUYA

  • A.M. No. P-03-1691 September 18, 2003 - JOSE S. SAÑEZ v. CARLOS B. RABINA

  • A.M. No. P-03-1703 September 18, 2003 - EDNA FE F. AQUINO v. JOSE R. MARTIN

  • A.M. No. P-03-1724 September 18, 2003 - VICENTE ALVAREZ, Jr. v. JOSE R. MARTIN

  • A.M. No. P-03-1742 September 18, 2003 - SALVADOR L. BERNABE v. WINSTON T. EGUIA

  • G.R. No. 135559 September 18, 2003 - PEOPLE OF THE PHIL. v. MORENO OCUMEN

  • G.R. No. 135563 September 18, 2003 - PEOPLE OF THE PHIL. v. BOBBY P. SANCHEZ

  • G.R. No. 144913 September 18, 2003 - PEOPLE OF PHIL. v. GERONIMO C. CENIZA

  • G.R. No. 149627 September 18, 2003 - KENNETH O. NADELA v. CITY OF CEBU, ET AL..

  • G.R. No. 152351 September 18, 2003 - PEOPLE OF THE PHIL. v. JAMIL MALA

  • G.R. No. 152604 September 18, 2003 - PEOPLE OF THE PHIL. v. LEONCIO S.PEDRIGAL

  • G.R. No. 153571 September 18, 2003 - BENGUET MANAGEMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 156259 September 18, 2003 - GROGUN, INC. v. NAPOCOR

  • G.R. No. 157957 September 18, 2003 - CHARITO NAVAROSA v. COMELEC, ET AL.

  • G.R. No. 142974 September 22, 2003 - SPS. SHEM G. ALFARERO and AURELIA TAGALOG v. SPS. PETRA and SANCHO SEVILLA

  • G.R. No. 152529 September 22, 2003 - SPS. HENDRIK and ALICIA S. BIESTERBOS v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-02-1450 September 23, 2003 - RAMIRO S. DE JOYA v. AUGUSTUS C. DIAZ

  • A.M. No. MTJ-03-1509 September 23, 2003 - HELEN GAMBOA-MIJARES v. MANUEL Q. LIMSIACO, JR., ET AL.

  • A.M. No. P-03-1732 September 23, 2003 - ROSENINA O. UY, ET AL. v. LOLITA R. EDILO

  • G.R. No. 123140 September 23, 2003 - PEOPLE OF THE PHIL. v. BERNARDO CORTEZANO, ET AL.

  • G.R. No. 135446 September 23, 2003 - COMMISSIONER OF INTERNAL REVENUE v. BPI

  • G.R. No. 136729 September 23, 2003 - ASTRO ELECTRONICS CORP., ET AL. v. PHIL. EXPORT AND FOREIGN LOAN GUARANTEE CORP.

  • G.R. Nos. 138716-19 September 23, 2003 - PEOPLE OF THE PHIL. v. JOSE PILLAS

  • G.R. No. 138725 September 23, 2003 - PEOPLE OF THE PHIL. v. ALBERTO OLIVAR

  • G.R. No. 139360 September 23, 2003 - HLC CONSTRUCTION AND DEV’T. CORP., ET AL. v. EHSHA, ET AL.

  • G.R. No. 140982 September 23, 2003 - MARIO GUTIERREZ v. SINGER SEWING MACHINE COMPANY, ET AL.

  • G.R. No. 141434 September 23, 2003 - ANTONIO LO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143132 September 23, 2003 - VAN MELLE PHILS. ET AL. v. VICTOR M. ENDAYA

  • G.R. No. 144533 September 23, 2003 - JIMMY L. BARNES v. TERESITA C. REYES, ET AL.

  • G.R. Nos. 146786-88 September 23, 2003 - PEOPLE OF THE PHIL. v. ANDRES T. DAÑO

  • G.R. No. 149295 September 23, 2003 - PHILIPPINE NATIONAL BANK v. GENEROSO DE JESUS

  • G.R. No. 149370 September 23, 2003 - PEOPLE OF THE PHIL. v. MARTIN ALEJO

  • G.R. No. 150905 September 23, 2003 - CITIBANK v. EFREN S. TEODORO

  • G.R. No. 151072 September 23, 2003 - PEOPLE OF THE PHIL. v. FELIPE NATIVIDAD, ET AL.

  • G.R. No. 151931 September 23, 2003 - ANAMER SALAZAR v. PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. Nos. 152823-24 September 23, 2003 - RUFINA CHUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 152998 September 23, 2003 - SIMON Q. AÑONUEVO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 156295 September 23, 2003 - MARCELO R. SORIANO v. SPS. RICARDO and ROSALINA GALIT

  • G.R. No. 156983 September 23, 2003 - In the Matter of the Application for the Habeas Corpus of JOSE VICTOR RIGOR y DANAO v. The Superintendent

  • A.M. No. P-00-1418 September 24, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. CELESTINA B. CORPUZ

  • G.R. No. 124293 September 24, 2003 - JG SUMMIT HOLDINGS v. COURT OF APPEALS, ET AL.

  • G.R. No. 130087 September 24, 2003 - DIANA M. BARCELONA v. CA, ET AL.

  • G.R. No. 136726 September 24, 2003 - PANFILO V. VILLARUEL v. REYNALDO D. FERNANDO, ET AL.

  • G.R. No. 148924 September 24, 2003 - TOYOTA MOTOR PHILS. v. CA, ET AL.

  • G.R. No. 153781 September 24, 2003 - PEOPLE OF THE PHIL. v. MATEO GREGORIO, ET AL.

  • G.R. Nos. 153885 & 156214 September 24, 2003 - LEPANTO CONSOLIDATED MINING CO. v. WMC RESOURCES INTERNATIONAL PTY. LTD.

  • A.M. No. RTJ-03-1746 September 26, 2003 - ROGER F. BORJA v. ZORAYDA H. SALCEDO

  • G.R. No. 130330 September 26, 2003 - FERNANDO GO v. MICHAEL TAN and LOLITA TAN

  • G.R. No. 141217 September 26, 2003 - PEOPLE OF THE PHIL. v. EUSEBIO DUBAN

  • G.R. No. 144037 September 26, 2003 - PEOPLE OF THE PHIL. v. NOEL P. TUDTUD, ET AL.

  • A.C. No. 5480 September 29, 2003 - LEILANI OCAMPO-INGCOCO, ET AL. v. ALEJANDRO G. YRREVERRE, JR.

  • G.R. Nos. 137370-71 September 29, 2003 - PEOPLE OF THE PHIL. v. RAUL OCO

  • G.R. No. 139185 September 29, 2003 - PEOPLE OF THE PHIL. v. ALFONSO RIVERA

  • G.R. No. 148902 September 29, 2003 - PEOPLE OF THE PHIL. v. DANILO ANDRADE

  • G.R. No. 149718 September 29, 2003 - MARIO VALEROSO v. PEOPLE OF THE PHIL.

  • G.R. No. 152057 September 29, 2003 - PT & T CORP. v. COURT OF APPEALS, ET AL.

  • A.C. No. 5854 September 30, 2003 - NORA E. MIWA v. RENE O. MEDINA

  • G.R. No. 127593 September 30, 2003 - CLARA C. DE LA CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 136742-43 September 30, 2003 - PEOPLE OF THE PHIL. v. DANILO Y. ALFARO

  • G.R. Nos. 140514-15 September 30, 2003 - PEOPLE OF THE PHIL. v. JUNE IGNAS

  • G.R. No. 142751 September 30, 2003 - PEOPLE OF THE PHIL. v. RODRIGO OPELIÑA, ET AL.

  • G.R. No. 143010 September 30, 2003 - MIGUEL DANOFRATA v. PEOPLE OF THE PHIL.

  • G.R. No. 144230 September 30, 2003 - ARTURO G. MACKAY v. ADORACION G. ANGELES, ET AL.

  • G.R. No. 148332 September 30, 2003 - NATIONAL DEVELOPMENT COMPANY v. MADRIGAL WAN HAI LINES CORP.

  •  





     
     

    G.R. No. 135563   September 18, 2003 - PEOPLE OF THE PHIL. v. BOBBY P. SANCHEZ

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 135563. September 18, 2003.]

    PEOPLE OF THE PHILIPPINES, Appellee, v. BOBBY SANCHEZ y PAGUIA, Appellant.

    D E C I S I O N


    PER CURIAM:


    Before us on automatic review is the decision, 1 dated August 20, 1998 of the Regional Trial Court of Malaybalay, Bukidnon (Branch 8) convicting appellant Bobby Sanchez y Paguia of rape in Criminal Case No. 8742-97, sentencing him to the supreme penalty of death and ordering him to pay the offended party the amount of P30,000.00 as civil indemnity and the amount of P15,000.00 as moral damages.chanrob1es virtua1 1aw 1ibrary

    In an Information dated December 15, 1997, 17-year old Arlene Sanchez accuses her brother, Bobby Sanchez y Paguia, of rape, committed as follows:chanrob1es virtual 1aw library

    That on or about the 30th day of September 1997, in the morning, at Barangay Lorugan, Municipality of Valencia, Province of Bukidnon, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, prompted with lewd design, armed with a sharp bladed weapon and by means of violence and intimidation, did then and there willfully, unlawfully and criminally hold the right hand of ARLENE SANCHEZ, and at knife point tied and box (sic) her and brought her inside the sugar plantation and have sexual intercourse with ARLENE SANCHEZ his 17 year old sister against her will, to the damage and prejudice of ARLENE SANCHEZ in such amount as may be allowed by law.

    Contrary to law and in violation of Republic Act No. 7659. 2

    On February 10, 1998, appellant was arraigned and pleaded not guilty. 3 Thereafter, trial ensued.

    The prosecution presented as its witnesses Arlene Sanchez, the complainant; Embencio Sanchez, the father of both the complainant and appellant; and Dr. Marlyn V. Agbayani, the medico-legal who conducted examination on Arlene.

    The prosecution evidence established the following facts:chanrob1es virtual 1aw library

    On September 30, 1997, Arlene was a 17-year old third year high school student of Lurogan National High School. At around 6:00 in the morning of that day, Arlene left home and walked on a pathway towards the highway where she can take a ride to school. After walking some 25 meters away from her parents’ house, her brother, appellant Bobby suddenly appeared from the cornfield beside the pathway. While holding a knife in one hand, appellant boxed Arlene two times in the stomach. Because of the strength of the blows, Arlene lost strength. Appellant then lifted her up and carried her to the sugarcane field which was 3 meters away. There, appellant took a small blanket from a bag he brought along and tied it around Arlene’s neck which covered her mouth. With the use of the sling of Arlene’s schoolbag, he tied her hands behind her back. Then, appellant boxed her four times on the stomach. Extreme pain made her lose consciousness. When she woke up, she saw appellant sitting beside her. She saw that her uniform was soiled. She felt weak, dirty and could hardly stretch her legs. She realized that she was raped because she felt pain in her vagina and noticed that her panty was inverted, inside out. Appellant warned her not to report the incident to their parents or else he will kill them. Appellant then told her to wear his jacket before she goes to school to cover her soiled uniform. Instead of going to school, she went home. At around 3:00 in the afternoon of that same day, she finally mustered enough courage to tell her parents what happened to her. 4

    The next day, October 1, 1997, Arlene, together with her parents reported the matter to the police. The police referred Arlene to Dr. Marlyn Agbayani, the Municipal Health Officer 5 who conducted a pelvic examination on Arlene. She inserted two fingers without resistance in Arlene’s vagina and found out that Arlene was having her menstrual period and that her hymen was "no longer appreciated." Considering Arlene’s menstruation, Dr. Agbayani advised her to return on October 6. 6

    On October 6, 1997, Dr. Agbayani conducted another medico-legal examination on Arlene. External examination of Arlene’s genitalia revealed no discoloration, no hematoma, no laceration and no contusion while the internal examination again showed that the hymen was "not appreciated", admits two fingers without resistance, and negative for sperm cells. 7 Dr. Agbayani explained that a hymen which is "no longer appreciated" means that "a hard object might have been inserted to the vagina which caused the breaking of the hymen." 8

    Appellant denied the charge against him. He claims that the accusation was fabricated by their father who disliked him very much and treated him differently from his siblings even when he was still small. Appellant testified that his wife had left him on September 26 and went back to her own parents in Cebu. On the evening of September 29, 1997, he drank hard liquor at a store near the plaza of Lurogan where a disco dance was held. He got very drunk and did not leave the plaza until very early in the following morning. Instead of going to his own house, he went directly to his parents’ house. Seeing his drunken condition, his father advised him not to take too seriously the fact that his wife had left him for there are other women in the world. He was still inebriated and sleepy that morning that he was soon sound asleep while sitting on the floor and leaning against the wall. He woke up at 1:00 in the afternoon of September 30, 1997. 9

    The trial court upheld the prosecution evidence, found appellant guilty beyond reasonable doubt of raping his minor sister and sentenced him to the supreme penalty of death, viz:chanrob1es virtual 1aw library

    WHEREFORE, the court finds the accused Bobby Sanchez GUILTY beyond reasonable doubt of the crime of rape in violation of Section II of Republic Act No. 7659. He is hereby sentenced to suffer the maximum penalty of DEATH. He is also ordered to indemnify his victim Arlene Sanchez the sum of Thirty Thousand (P30,000.00) Pesos, and moral damages of Fifteen (P15,000.00) Pesos.

    SO ORDERED. 10

    Hence, the case is before us on automatic review pursuant to Article 47 of the Revised Penal Code, as amended.chanrob1es virtua1 1aw 1ibrary

    In his Brief, appellant raises a single assignment of error:chanrob1es virtual 1aw library

    THE COURT A QUO GRAVELY ERRED IN FINDING THAT THE GUILT OF THE ACCUSED-APPELLANT FOR THE CRIME CHARGED HAS BEEN PROVEN BEYOND REASONABLE DOUBT. 11

    At the outset, we reiterate that in rape cases, certain well-established principles and precepts are controlling. These are (a) an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (b) due to the nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution, and (c) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense. 12 Consequently, it is the primordial duty of the prosecution to present its case with clarity and persuasion to the end that conviction becomes the only logical and inevitable conclusion. 13

    Appellant insists that the quantum of proof required in criminal cases has not been met in this case considering that the fact of rape was not proved beyond reasonable doubt. He stresses that the complainant failed to testify as to how she was raped, if the same was indeed committed against her. Neither did she indicate that appellant had any malicious and lustful intentions on her. When she was asked why she did not offer any resistance during that time, she merely answered that it was because at that instance, she was already unconscious. Appellant argues that by her very own admission that she was indeed unconscious at that time, anyone can tell that she herself was not fully aware of what really transpired during the period of her unconsciousness.

    The contentions of appellant are devoid of merit.

    Under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, rape is committed by having carnal knowledge of a woman under any of the following circumstances:chanrob1es virtual 1aw library

    1. By using force or intimidation;

    2. When the woman is deprived of reason or otherwise unconscious; and

    3. When the woman is under twelve years of age or is demented.

    Appellant in this case is charged with rape by using force or intimidation and not when the victim is unconscious.

    Force was clearly used by appellant in committing the crime of rape. Arlene sufficiently demonstrated that the sexual act was forced on her as she was initially threatened at knifepoint, boxed on the stomach twice, then carried to the sugarcane field where her hands were tied behind her back, her mouth gagged with a small blanket and then boxed again on the stomach four times which rendered her unconscious.chanrob1es virtua1 1aw 1ibrary

    The claim of appellant that there is no detailed account on how the rape was actually consummated because according to Arlene she was unconscious when she was raped is outrightly fallacious. If we were to adopt appellant’s argument, then the clever rapist would simply knock his potential victim out of her senses before actually raping her so as to immunize himself from conviction.

    In an appeal from a judgment of conviction in rape cases, the issue boils down, almost invariably, to the credibility of the victim and, just as often, we are constrained to rely on the observations given by the trial court, not equally enjoyed by us, during the reception of testimony. 14 It has thus since become doctrinal that the evaluation of testimonial evidence by the trial court is accorded great respect precisely for its chance to observe first-hand the demeanor on the stand of the witness, a matter which is important in determining whether what has been said should be taken to be the truth or falsehood. 15

    In this case, we do not find any error on the part of the trial court in giving full faith and credence to the testimony of the victim Arlene. We are convinced of Arlene’s candid and unequivocal testimony, excerpts of which we quote verbatim:chanrob1es virtual 1aw library

    Q: . . . how did Bobby Sanchez rape you?

    A. At first we were on a pathway then he boxed me on my stomach.

    Q: Now, when you said that you were on a pathway, what pathway are you referring from your house to the highway?

    A: Yes.

    Q: Now, you said that you were boxed by Bobby Sanchez. How many times that you were boxed?

    A: While we were on the pathway he boxed me two (2) times, but when we were already on the sugarcane farm for four (4) times.

    COURT: (to witness)

    Q: He boxed you two times while you were walking towards the road, correct?

    A: Yes.

    Q: Why was he there?

    A: He suddenly appeared from the cornfield at that time when I was on that pathway.

    Q: You mean there is a cornfield beside where the path you were walking on?

    A: Yes.

    Q: Right after he boxed you for two times, what did he do to you next if any?

    A: When I already lost strength he lifted me and carried me.

    Continue.

    PROSECUTOR TORIBIO:chanrob1es virtual 1aw library

    Q: Now, you said that you were already awaken and this Bobby Sanchez lifted with you. To what place were you brought by this Bobby Sanchez?

    A: In the sugarcane farm.

    Q: That is where you said that you were again boxed for four times by Bobby Sanchez?

    A: Yes.

    COURT: (to witness)

    Q: The same thing when he boxed you in your stomach?

    A: Yes.

    PROSECUTOR TORIBIO:chanrob1es virtual 1aw library

    Q: This sugarcane field wherein you were brought by Bobby Sanchez, how far from the pathway?

    A: It is very near. (Witness pointing to a distance of about 3 meters).

    Q: So you mean to tell this court Arlene that the other side of the path is a cornfield and the other side is a sugarcane field?

    A: Yes.

    Q: Now, after you were brought by Bobby Sanchez to the sugarcane field wherein you were boxed four times, what happened to you?

    A: I lost consciousness.

    Q: Now Arlene, aside from being boxed by Bobby Sanchez, what else did he do to you before you were brought to the sugarcane plantation?

    A: When we reached the sugarcane field he boxed me again for four times and so I lost consciousness.

    Q: Now, aside from boxing did he do any other things to you?

    A: Yes.

    Q: What was that?

    A: He tied my hands with my bag.

    Q: Now, how did he tie your hands?

    A: (Witness demonstrating by putting his two hands on his back).

    Q: Now, you said that you were tied with your bag. Is it a bag that you were bringing during that time when you were able to go to school?

    A: Yes.

    Q: Why, is the sling of your bag long enough to tie your hands?

    A: Yes.

    Q: Aside from tying your hands at your back Arlene, what else did Bobby Sanchez do to you aside from tying and boxing?

    A: He gagged my mouth.

    Q: What did he use?

    A: A blanket.

    COURT: (to witness)

    Q: You mean he had a blanket with him?

    A: Yes, a small blanket.

    Q: How did he gag you, he tacked that into your mouth or he just wrapped around your neck?

    A: He did it this way. (Witness demonstrated to show that the gagging was tied around her neck on the level of her mouth. The eyes can be seen but not the mouth).

    PROSECUTOR TORIBIO:chanrob1es virtual 1aw library

    Q: Now, where was this blanket you said was taken by Bobby Sanchez?

    A: From his bag.

    Q: You mean to tell this court that he was bringing a bag at that time?

    A: Yes.

    Q: Now, aside from bringing you, tying your hands and then gagged up your mouth, what else Bobby Sanchez do to you?

    A: He raped me.

    Q: Were you not able to resist Bobby Sanchez during that time?

    A: I was already unconscious.

    Q: Now, were you able to regain your consciousness?

    A: Yes.

    Q: Now, after you regain your consciousness, were you able to see Bobby Sanchez near you during that time?

    A: Yes.

    Q: Now, after you regain your consciousness where was Bobby Sanchez when you saw him?

    A: Beside me.

    Q: What did he do when you saw him after you regain your consciousness?

    A: He was already sitting down and I observed that my uniform was already very soiled.

    Q: Now, aside from your uniform being soiled, what else did you observe as far as your body is concerned?

    A: I felt very much weak and I was dirty. I was so weak that I can hardly stretch my legs.

    Q: Now my question is, aside from your uniform being soiled, what else did you observe with your uniform?

    A: That was all it was very dirty.

    Q: Now, were you able to have a talk with Bobby Sanchez after you regain consciousness?

    A: He was the one who talked to me.

    Q: What was the conversation of Bobby Sanchez to you?

    A: He told me that if I am going to report the incident to my mother and my father he is going to kill me. 16

    x       x       x


    Q: Now, you mean to tell this court Arlene that this knife was used by Bobby Sanchez in threatening you?

    A: Yes.

    Q: Now, how did he use this knife in threatening you?

    A: He did it this way. (Witness demonstrated with a motion by pointing the said knife).

    Q: Now, at what point in time wherein this knife was pointed to you, before you were boxed or after you were already boxed when you were still in the pathway?

    A: Before he boxed me.

    COURT: (to witness)

    Q: How did you know you were raped when you said you were unconscious?

    A: I felt my vagina to be painful during (sic) I urinated.

    Q: That was hours after the incident when you urinated?

    A: Yes.

    Q: After you regain consciousness you did not yet feel the pain.

    A: I felt pain.

    Q: Yes, you said pain over your body. Did you feel any pain with your vagina after you already regain consciousness?

    A: Yes.

    Q: Did you wear a panty when you went to school?

    A: Yes.

    Q: And when you regain consciousness when he boxed you inside the sugarcane plantation you noticed that your panty was still on?

    A: Yes, but it was inverted, inside out. 17

    The long-standing rule that "when a woman testifies that she has been raped, she says, in effect all that is necessary to show that the crime did take place" 18 finds no better application than when the offender is the victim’s blood relation. Indeed, the testimony of a rape victim is entitled to even greater weight than ordinarily it would when she accuses a close relative, in this case her own brother, of having been the responsible party therefor. 19 This is so because incestuous rape is not an ordinary crime that can be easily invented because of its heavy psychological and social toll. 20 It is against human nature for a sister to fabricate a charge that would expose herself as well as her entire family to a lifetime of dishonor 21 especially when her charge could mean the death of her own brother. It is highly improbable for a sister to go out in public to falsely accuse her brother of rape if it were not true. And for the parents, it would be too high a price to pay in exposing their daughter to public ridicule and indignity, coupled with the rigors of a public trial, just to vent an ire on the accused, 22 who in the present case is their own son.chanrob1es virtua1 1aw 1ibrary

    Appellant’s failure to substantiate the imputation of ill motive against the complainant and his own father constrains us to affirm the jurisprudential presumption that they were not so moved, hence, their testimonies are entitled to full faith and credence. 23

    Furthermore, the fact of rape was confirmed by the medico-legal examination conducted on Arlene. According to the medical findings, Arlene’s hymen is "no longer appreciated", meaning "a hard object might have been inserted to the vagina which caused the breaking of the hymen." 24 We have held that when the victim’s testimony is corroborated by the physician’s findings of penetration, as when the hymen is no longer intact, then, there is sufficient foundation to conclude the existence of the essential requisite of carnal knowledge. 25 Thus, the complainant’s testimony and the medical evidence establish that the offense charged was committed beyond a shadow of doubt.

    We now go to the defense of denial and alibi resorted to by the appellant. In the absence of corroborative evidence, we cannot accept his lame denial over Arlene’s straightforward and positive declaration. Universally accepted is the rule that denial is a self-serving negative evidence that cannot be given greater weight than the declaration of a credible witness who testifies on affirmative matters. 26 Appellant’s reliance on his alibi is futile because he failed to prove the physical impossibility of his presence at the locus criminis at the time the crime occurred. 27 According to him, he was still asleep in his parent’s house at the time of the incident. The crime was committed not too far away, around 28 meters from the house of his parents. 28 Truly, such does not render impossible his presence within the scene of the incident.

    In imposing the death penalty upon the appellant, the trial court reasoned:chanrob1es virtual 1aw library

    As testified to by private complainant, and as shown in her Certificate of Birth (Exhibit "C"), she was born on August 19, 1980. She was, therefore, only seventeen years old at the time she was raped by her brother Bobby Sanchez. The offense committed is punishable under Section II of the Republic Act No. 7659, amending Article 335 of the Revised Penal Code, for when rape is committed by a brother against his own sister who is less than 18 years of age at the time of the commission of crime, the maximum penalty is applied. 29

    Pertinent portions of Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, which took effect on December 31, 1993, 30 read:chanrob1es virtual 1aw library

    The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:chanrob1es virtual 1aw library

    1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.

    x       x       x


    (Emphasis supplied)

    Thus, the minority of the victim and her relationship with the accused are circumstances that qualify the crime of rape and warrant the imposition of the death penalty. 31 In the present case, the Information alleges that Arlene was 17 years old and a sister of appellant. The prosecution had established Arlene’s minority and her relationship with appellant. Arlene’s Certificate of Birth 32 shows that she was seventeen years old when she was raped. Her testimony, corroborated by that of her father, Emvencio Sanchez, 33 proved that appellant is her brother, not to mention the fact that appellant himself admits that Arlene is his sister. 34

    We have held in People v. Ferolino, 35 that:chanrob1es virtual 1aw library

    If the offender is merely a relation — not a parent, ascendant, stepparent, or guardian or common law spouse of the mother of the victim — it must be alleged in the information that he is a relative by consanguinity or affinity (as the case may be) within the civil degree. That relationship by consanguinity or affinity was not alleged in the informations in these cases. Even if it was, it was still necessary to further allege that such relationship was within the third civil degree. 36

    The present case is not within the contemplation of said ruling considering that in the Ferolino case, the victim is a niece of the offender while in the present case the victim is a sister of the offender. It was deemed necessary in the Ferolino case to require that it must be specifically alleged in the Information that the offender is "a relative by consanguinity or affinity (as the case may be) within the third civil degree" because we acknowledge the fact that there are niece-uncle relationships which are beyond the third civil degree, in which case, death penalty cannot be imposed on an accused found guilty of rape. However, a sister-brother relationship is obviously in the second civil degree and no other sister-brother relationship exists in civil law that falls beyond the third civil degree. Consequently, it is not necessary in this case that the Information should specifically state that the appellant is a relative by consanguinity within the third civil degree of the victim. This is an exception to the requirement enunciated in the Ferolino case.

    Thus, the trial court correctly imposed on appellant the penalty of death.

    Three members of the Court maintain their position that RA 7659, insofar as it prescribes the death penalty, is unconstitutional; however, they submit to the ruling of the Court, by majority vote, that the law is constitutional and that the death penalty should be imposed accordingly.

    As to the civil aspect of the case.

    Based on prevailing jurisprudence, the award of indemnity ex delicto, where the penalty imposed is reclusion perpetua, should be in the amount of P50,000.00 37 while the award for moral damages should be in the amount of P50,000.00. 38 Moral damages are awarded in rape cases without need of showing that the victim suffered from mental, physical, and psychological trauma as these are too obvious to require recital by the victim during the trial. 39 Moreover, exemplary damages in the amount of P25,000.00 should be awarded to the victim due to the presence of the qualifying circumstance of the use of a deadly weapon 40 and to deter the commission by others of similar dastardly act. 41

    WHEREFORE, the Decision, dated August 20, 1998, of the Regional Trial Court of Malaybalay, Bukidnon (Branch 8) in Criminal Case No. 8742-97 finding BOBBY SANCHEZ y PAGUIA guilty beyond reasonable doubt of rape with the use of a deadly weapon and sentencing him to suffer the penalty of DEATH is AFFIRMED with MODIFICATIONS as to the civil aspect of the case. Bobby Sanchez y Paguia is ordered to pay complainant Arlene Sanchez P50,000.00 as civil indemnity, P50,000.00 as moral damages and P25,000.00 as exemplary damages.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Vitug, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr. and Tinga, JJ., concur.

    Puno and Azcuna, JJ., on official leave.

    Endnotes:



    1. Penned by Judge Vivencio P. Estrada.

    2. Rollo, p. 4

    3. Original Records, p. 32.

    4. TSN, Testimony of Arlene Sanchez, April 1, 1998, pp. 5–20; 25–26.

    5. Id., at pp. 20–21.

    6. TSN, Testimony of Dr. Marlyn V. Agbayani, April 6, 1998, p. 5.

    7. Original Records, p. 3.

    8. TSN, Testimony of Dr. Marlyn V. Agbayani, April 6, 1998, p. 6.

    9. TSN, Testimony of Bobby Sanchez, May, 4, 1998, pp. 7–12.

    10. Rollo, p. 16.

    11. Rollo, p. 29.

    12. People v. Villaflores, 371 SCRA 429, 438 (2001); People v. Dumlao, 370 SCRA 571, 583 (2001).

    13. People v. Aballe, 357 SCRA 802, 810 (2001).

    14. People v. Francisco, 350 SCRA 55, 63 (2001); People v. Lopez, 302 SCRA 669, 675 (1999).

    15. Ibid.

    16. TSN, Testimony of Arlene Sanchez, April 1, 1998, pp. 8–14.

    17. Id. at pp. 15–16.

    18. People v. Laciste, 370 SCRA 266, 272 (2001).

    19. People v. Sagarino, Jr., 364 SCRA 438, 449 (2001); People v. Rondilla, 351 SCRA 410, 422 (2001).

    20. People v. Santos, 366 SCRA 52, 60 (2001).

    21. People v. Rabago, G.R. No. 149893, April 2, 2003; People v. Marahay, G.R. Nos. 120625-29, January 28, 2003.

    22. People v. Mirafuentes, 349 SCRA 204, 213–214 (2001).

    23. People v. De los Reyes, 327 SCRA 56, 67 (2000).

    24. TSN, Testimony of Dr. Marlyn V. Agbayani, April 6, 1998, p. 6.

    25. People v. Managbanag, 371 SCRA 615, 626 (2001); People v. Bulos, 359 SCRA 621, 629 (2001).

    26. People v. Barredo, 329 SCRA 120, 129 (2000); People v. Carizo, 233 SCRA 687, 701 (1994).

    27. People v. Dacara, 368 SCRA 278, 284 (2001).

    28. TSN, Testimony of Arlene Sanchez, April 1, 1998, pp. 25–26.

    29. Rollo, p. 16.

    30. People v. Simon, 234 SCRA 555, 569 (1994).

    31. People v. Umayam, G.R. No. 147033, April 30, 2003; People v. Baniqued, 372 SCRA 1, 19 (2001).

    32. Exhibit "C", Records, p. 3.

    33. TSN, Testimony of Arlene Sanchez, April 8, 1998; TSN, Testimony of Emvencio Sanchez, April 6, 1998.

    34. TSN, May 4, 1998.

    35. 329 SCRA 719 (2000).

    36. Id., at p. 735.

    37. People v. Dela Cruz, G.R. No. 135554-56, June 21, 2002, p. 29.

    38. People v. Parcia, G.R. No. 141136, January 28, 2002, p. 11; People v. Colisao, 372 SCRA 20, 32 (2001).

    39. People v. Yaoto, 370 SCRA 284, 295 (2001); People v. Rivera, 362 SCRA 153, 182 (2001).

    40. People v. Montemayor, G.R. Nos. 124474 & 139972-78, January 28, 2003, p. 20.

    41. Ferolino case, supra, Note 35.

    G.R. No. 135563   September 18, 2003 - PEOPLE OF THE PHIL. v. BOBBY P. SANCHEZ


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