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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
 

   
October-2008 Jurisprudence                 

  • A.C. No. 1481 - REBECCA B. ARNOBIT v. ATTY. PONCIANO P. ARNOBIT

  • ADM. CASE No. 4495 - ANTONIO DE ZUZUARREGUI, JR. v. ATTY. APOLONIA A. C. SOGUILON

  • A.C. No. 6972 - JERRY T. WONG v. ATTY. SALVADOR N. MOYA II

  • ADM. CASE NO. 7091 - JOFEL LEGASPI v. ATTYS. RAMON LANDRITO AND MAGNO TORIBIO

  • A.C. No. 7505 - Walter Wilkie v. Atty. Sinarnar E. Limos

  • A.M. No. 06-12-720-RTC - Re: DISAPPROVAL OF THE PERMANENT APPOINTMENT OF MR. GODOFREDO C. DE LEON, as Clerk III, Regional Trial Court, Branch 40, Manila by the Civil Service Commission.

  • A.M. No. 08-8-11-CA - LETTER OF PRESIDING JUSTICE CONRADO M. VASQUEZ, JR., RE: CA-G.R. SP NO. 103692

  • A.M. No. 08-1982-MTJ - DANIEL P. ALMADEN, JR. v. HON. VICTORIO L. GALAPON, JR., Presiding Judge, Municipal Trial Court, Dulag, Leyte

  • A.M. No. MTJ-03-1499 Formerly A.M. OCA IPI No. 02-1310-MTJ and A.M. NO. P-03-1752 : October 6, 2008 Formerly A.M. OCA IPI No. 03-1595-P - CELFRED P. FLORES v. JUDGE RODOLFO B. GARCIA

  • A.M. No. MTJ-08-1721 Formerly A.M. No. IPI-03-1464-MTJ - MICHAEL GAMALIEL PLATA v. JUDGE LIZABETH G. TORRES

  • A.M. No. P-02-1666 Formerly A.M. OCA IPI No. 02-1294-P - JUDGE TRANQUILINO V. RAMOS v. RODRIGO C. BICAD

  • A. M. NO. P-05-1998 Formerly OCA IPI No. 04-1879-P - MAYOR NICASIO M. RAMOS v. CYRIL T. MAYOR, Clerk III, Metropolitan Trial Court, Branch 13, Manila

  • A.M. No. P-06-2165 Formerly OCA I.P.I. No. 05-2220-P - DOLORES MOLINA, ET AL. v. ATTY. GITANJALI BONDOC, ETC.

  • A.M. No. P-06-2249 - JUDGE PLACIDO C. MARQUEZ and ATTY. LYN L. LLAMASARES v. LUCILA C. PACARIEM, Stenographer, Regional Trial Court, Branch 23, Manila

  • A.M. No. P-06-2273 Formerly OCA-I.P.I. No. 06-2435-P - JUDGE REBECCA R. MARIANO v. MARISSA R. MONDALA, Court Legal Researcher II, Regional Trial Court, Branch 136 REYES, Makati City

  • A.M. No. P-07-2402 Formerly OCA I.P.I. No. 07-2591-P - ATTY. REDENTOR S. VIAJE v. ROLANDO A. DIZON

  • A.M. No. P-08-2451 Formerly OCA IPI No. 05-2201-P - ROEL A. FERNANDEZ v. RENATO RUBILLOS, PROCESS SERVER, MUNICIPAL TRIAL COURT, ALBUERA, LEYTE

  • A.M. No. P-08-2552 Formerly OCA I.P.I. No. -06-2370-P - ROBERTO C. PASCUAL v. MARILYN M. MARTIN, Clerk of Court III, Municipal Trial Court in Cities, Branch 1, Tarlac City

  • A.M. No. RTJ-07-2034 - ATTY. NENITA CENIZA-LAYESE v. JUDGE ENRIQUE C. ASIS

  • A.M. No. RTJ-07-2050 Formerly OCA I.P.I. No. 07-2563-P - SPOUSES ARLEEN and LORNA OLIVEROS v. HON. DIONISIO C. SISON, Acting Presiding Judge, Regional Trial Court, Branch 74, Antipolo City

  • A.M. No. RTJ-07-2074 Formerly A.M. No. 07-5-18-SC - OFFICE OF THE COURT ADMINISTRATOR v. RET. JUDGE IRENEO LEE GAKO, JR., Branch Clerk of Court MANUEL G. NOLLORA, Legal Researcher NILDA D. SUYKO, Clerk of Court VII CHICO-NAZARIO, ATTY. JEOFFREY S. JOAQUIN

  • G.R. No. 121833, G.R. NO. 130752 and G.R. NO. 137801 - ABOITIZ SHIPPING CORPORATION v. COURT OF APPEALS, MALAYAN INSURANCE COMPANY, INC., COMPAGNIE MARITIME DES CHARGEURS REUNIS, and F.E. ZUELLIG (M), INC.

  • G.R. No. 133347 - ABS-CBN BROADCASTING CORPORATION, ET AL. v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141854 - ORLANDO APOSTOL v. COURT OF APPEALS, ET AL.

  • G.R. No. 135808 - SECURITIES AND EXCHANGE COMMISSION v. INTERPORT RESOURCES CORPORATION, ET AL.

  • G.R. No. 143786 - SPOUSES LOURDES V. RUTAQUIO and LEONARDO LIWANAG, and JULIAN VILLAFLOR, represented by his children, ESTER V. PUJALTE, FILIPINA VILLAFLOR MARIA GEMMA VILLAFLOR and REY CONSTANTINO VILLAFLOR v. COURT OF APPEALS, MAURA PENAMORA, and MODEST

  • G.R. No. 146141 - ERNESTO CANADA, doing business under the name and style of HI-BALL FREIGHT SERVICES v. ALL COMMODITIES MARKETING CORPORATION

  • G.R. No. 147423 - TIRSO Z. OPORTO v. MEMBERS OF THE BOARD OF INQUIRY AND DISCIPLINE OF NATIONAL POWER CORPORATION, ETC.

  • G.R. No. 148133 - HERITAGE PARK MANAGEMENT CORPORATION v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION and ELPIDIO UY, doing business under name and style of EDISON DEVELOPMENT AND CONSTRUCTION

  • G.R. No. 150180 - FLAVIO S. SUAREZ, JR., RENATO A. DE ASIS, FRANCISCO G. ADORABLE, JOVEN ANDALOC, ONOFRE G. BAGAYO, GENITO J. BANGGO, WENDELINO L. BERONDO, NAPOLEON P. BULOS, ISIDRO S. DADANG, TEODORO P. DOTARO, NOIDA T. DUNGOG, EROLITO A. EDROZO, ROBERTO

  • G.R. No. 150746 - SIMEON NICOLAS CHAN, ET AL. v. YOLANDA CHAN, ET AL.

  • G.R. No. 151309 - BISIG MANGGAGAWA SA TRYCO, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 153624 - JUDGE ADORACION G. ANGELES v. P/INSP. JOHN A. MAMAUAG, SPO2 EUGENE ALMARIO, SPO4 ERLINDA GARCIA and SPO1 VIVIAN FELIPE

  • G.R. No. 154301 - CARLOS MANANGAN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 154379 - PCI TRAVEL CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION (3rd Division) & NUBE - AMEXPEA/PCI TRAVEL EMPLOYEES UNION

  • G.R. No. 155758 - Heirs of Jose Esplana etc. v. The CA & Heirs of Pedro De Lima Represented by Jaime De Lima

  • G.R. No. 155813 - CECILIA S. BALDUEZA, ETC. v. HON. CA, ET AL.

  • G.R. No. 156850 - NATIONAL HOUSING AUTHORITY v. PERICO V. JAO, representing the estate of the late Spouses ANDREA and IGNACIO JAO TAYAG

  • G.R. No. 156882 - Banco De Oro-Epci, Inc. v. Hon. Zenaida R. Daguna etc. & Phil. Devt. & International Corp.

  • G.R. No. 156962 - VICTORIAS MILLING CO., INC. v. LUIS J. PADILLA, ET AL.

  • G.R. No. 157542 - REBECCA A. BARBO, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 157592 - PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT v. SANDIGANBAYAN (Second Division) and RODOLFO ARAMBULO (deceased), substituted by Ronald L. Arambulo

  • G.R. No. 157680 - EQUIPMENT TECHNICAL SERVICES or JOSEPH JAMES DEQUITO v. COURT OF APPEALS, ALEX ALBINO, REY ALBINO, JULIUS ABANES, MIGUEL ALINAB, CHRISTOPHER BIOL, NELSON CATONG, RENATO DULOT, FLORO PACUNDO, MARCELITO GAMAS, REYNALDO LIMA, SAMMY MESAGAL,

  • G.R. No. 157707 - Marcial Fajardo v. Hon. CA, et al.

  • G.R. No. 158997 - FORT BONIFACIO DEVELOPMENT CORPORATION v. YLLAS LENDING CORPORATION, ET AL.

  • G.R. No. 160240 - Woodridge School (Now Known as Woodridge College Inc) v. Joanne C. Pe Benito, et al.

  • G.R. No. 160338 - VENTIS MARITIME CORPORATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 160541 - RONELO POLO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 161219 - MARINDUQUE MINING AND INDUSTRIAL CORPORATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 163515 - Isidro T.Pajarillaga v. CA, et al.

  • G.R. No. 164052 - ANONAS CONSTRUCTION AND INDUSTRIAL SUPPLY CORPORATION, and ELISEO F. LIBUNAO v. NATIONAL LABOR RELATIONS COMMISSION and LARRY NAFUAR

  • G.R. No. 164326 - SEAOIL PETROLEUM CORPORATION v. AUTOCORP GROUP and PAUL Y. RODRIGUEZ

  • G.R. No. 164632 - Urethane Trading Specialist Inc v. Edwin Ong & Leticia Ong

  • G.R. No. 164964 - NATIONAL POWER CORPORATION v. MARIA BAGUI, VEDASTO BAGUI, FELICIANA BAGUI, EPIFANIA BAGUI, HEIRS OF MARGARITO MACARAIG and WIFE, represented by Dolores Macaraig, NIEVES VALDEZ and JAIME MARQUEZ

  • G.R. No. 165389 - NFD International Manning Agents and A/S VULCANUS OSLO VS NATIONAL LABOR RELATIONS COMMISSION, JOSE I. ILAGAN, JR. and CONSTANTINO CO, JR.

  • G.R. No. 165550 - STANDARD CHARTERED BANK v. STANDARD CHARTERED BANK EMPLOYEES UNION (SCBEU)

  • G.R. No. 165622 - MERCURY DRUG CORPORATION and AURMELA GANZON v. RAUL DE LEON

  • G.R. No. 166408 - TORBEN B. OVERGAARD v. ATTY. GODWIN R. VALDEZ

  • G.R. No. 166502 - FRANCISCO DE GUZMAN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 166756 - REPUBLIC OF THE PHILIPPINES v. KATRINA ISABEL SAMSON YULO

  • G.R. No. 167215 - REPUBLIC OF THE PHILIPPINES v. HEIRS OF EVARISTO TIOTIOEN

  • G.R. No. 167500 - K-PHIL., INC., SOO MYUNG PARK and NETWORK DEVELOPMENT HOLDING CORP. v. METROPOLITAN BANK & TRUST COMPANY, REGALADO E. EUSEBIO, in his capacity as Clerk of Court VI and Ex-Officio Sheriff, and REYNALDO R. CAMERINO, in his capacity as Sher

  • G.R. No. 167627 - AGUSAN DEL NORTE ELECTRIC COOPERATIVE, INC., ET AL. v. JOEL CAGAMPANG, ET AL.

  • G.R. No. 167707 and G.R. NO. 173775 - THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, THE REGIONAL EXECUTIVE DIRECTOR, DENR-REGION VI, REGIONAL TECHNICAL DIRECTOR FOR LANDS, LANDS MANAGEMENT BUREAU, REGION VI PROVINCIAL ENVIRONMENT A

  • G.R. No. 167711 - THE OFFICE OF THE OMBUDSMAN v. RAMON C. GALICIA

  • G.R. No. 168081 - ARMANDO G. YRASUEGUI v. PHILIPPINE AIRLINES, INC.

  • G.R. No. 168166 - PEOPLE OF THE PHILIPPINES v. SALVADOR C. DACO

  • G.R. No. 168299 Formerly G.R. NOS. 156927-29 - PEOPLE OF THE PHILIPPINES v. LUIS AYCARDO

  • G.R. No. 168339 - MA. GREGORIETTA LEILA C. SY v. ALC INDUSTRIES, INC., ET AL.

  • G.R. No. 168394 - AGRARIAN REFORM BENEFICIARIES ASSOCIATION, ETC. v. LORETO G. NICOLAS, ET AL.

  • G.R. No. 168448 - PEOPLE OF THE PHILIPPINES v. FAJARDO NAPUDO

  • G.R. No. 168782 - SPOUSES JOVENAL TORING and CECILIA ESCALONA-TORING v. SPOUSES ROSALIE GANZON-OLAN and GILBERT OLAN, and ROWENA OLAN

  • G.R. No. 169576 - LEONIDES MERCADO, represented by his heirs: Racquel D. Mercado, Jimmy D. Mercado, Henry D. Mercado, Louricar D. Mercado and Virgilio D. Mercado v. COURT OF APPEALS and SAN MIGUEL CORPORATION

  • G.R. No. 170585 - DAVID C. LAO, ET AL. v. DIONISIO C. LAO

  • G.R. No. 170625 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS and TF KO DEVELOPMENT CORPORATION

  • G.R. No. 171008 - CARMELITA FUDOT v. CATTLEYLA LAND, INC.

  • G.R. No. 171036 - ADELA G. RAYMUNDO, EDGARDO R. RAYMUNDO, LOURDES R. RAYMUNDO, TERESITA N. RAYMUNDO, EVELYN R. SANTOS, ZENAIDA N. RAYMUNDO, LUIS N. RAYMUNDO, JR. and LUCITA R. DELOS REYES v. ERNESTO LUNARIA, ROSALINDA RAMOS and HELEN MENDOZA

  • G.R. No. 171089 - PEOPLE OF THE PHILIPPINES v. ROGELIO PASCUAL

  • G.R. No. 171452 - PEOPLE OF THE PHILIPPINES v. RICARDO SANTOS

  • G.R. No. 171790 - BRENDO D. MERIN v. NATIONAL LABOR RELATIONS COMMISSION, THROUGH ITS THIRD DIVISION, GREAT SOUTHERN MARITIME SERVICES, CORP., AND/OR IMC SHIPPING CO., PTE., LTD.

  • G.R. No. 172053 - UNION BANK OF THE PHILIPPINES v. PACIFIC EQUIPMENT CORPORATION, ET AL.

  • G.R. No. 172370 - PEOPLE OF THE PHILIPPINES v. FLORENDA CASTRO, ET AL.

  • G.R. No. 172426 - AIR TRANSPORTATION OFFICE v. HONORABLE COURT OF APPEALS (EIGHTEENTH DIVISION) and BERNIE G. MIAQUE

  • G.R. No. 172468 - PEOPLE OF THE PHILIPPINES v. JULIE VILLACORTA GIL (A. K. A. Julie Villasorca Gil)

  • G. R. No. 172800 - MARCIANO L. MASANGCAY v. TRANS-GLOBAL MARITIME AGENCY, INC. AND VENTNOR NAVIGATION, INC.

  • G.R. No. 172901 - American Express International Inc. v. Hon. Judge Marlene Gonzales Sison etc & Maria Teresa Fernando

  • A.C. No. noxxxxx - JESUS E. VERGARA v. HAMMONIA MARITIME SERVICES, INC., ET AL.

  • G.R. No. 173454 and G.R. NO. 173456 - PHILIPPINE NATIONAL BANK v. MEGA PRIME REALTY AND HOLDINGS CORPORATION

  • G.R. No. 174154 - JESUS CUENCO v. TALISAY TOURIST SPORTS COMPLEX, INCORPORATED AND MATIAS B. AZNAR III

  • G.R. No. 174224 - MARCIAL APARECE v. J. MARKETING CORPORATION and/or ROGER L. AGUILLON

  • G.R. No. 174536 - Roberto Y. Ponciano, Jr. v. CA, et al.

  • G.R. No. 174971 - LAND BANK OF THE PHILIPPINES v. AMS FARMING CORPORATION

  • G.R. No. 175162 - Atty. Ernesto A. Tabujara III, et al. v. People of the Phil. and Daisy Afable

  • G.R. No. 175176 - NATIONAL POWER CORPORATION v. SANTA LORO VDA. DE CAPIN and SPS. JULITO QUIMCO and GLORIA CAPIN

  • G.R. No. 175587 - Philippine Commercial International Bank v. Joseph Anthony M. Alejandro

  • G.R. No. 175692 - Angel Ubales Y Velez v. People of the Philippines

  • G.R. No. 175725 - NATIONAL POWER CORPORATION v. ANGEL SUAREZ, CARLOS SUAREZ, MARIA THERESA SUAREZ, AND ROSARIO SUAREZ

  • G.R. No. 175832 - PEOPLE OF THE PHILIPPINES v. SALVADOR SANCHEZ y ESPIRITU

  • G.R. No. 176240 - ROLANDO SASAN, SR., LEONILO DAYDAY, MODESTO AGUIRRE, ALEJANDRO ARDIMER, ELEUTERIO SACIL, WILFREDO JUEGOS, PETRONILO CARCEDO and CESAR PACIENCIA v. NATIONAL LABOR RELATIONS COMMISSION 4TH DIVISION, EQUITABLE-PCI BANK and HELPMATE, INC.

  • G.R. No. 176637 - PEOPLE OF THE PHILIPPINES v. REYNALDO DELA TORRE

  • G.R. No. 176706 - MANIGO K. RAMOS v. SPOUSES PURITA G. ALVENDIA and OSCAR ALVENDIA and SPOUSES JOSE and ARACELI SEVERINO

  • G.R. No. 176724 - MAYOR KENNEDY B. BASMALA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 176943 - DANILO ALUAD, LEONORA ALUAD, DIVINA ALUAD, PROSPERO ALUAD, and CONNIE ALUAD v. ZENAIDO ALUAD

  • G.R. No. 177135 - ARTURO O. RADAZA, JULITO H. CUIZON, FERNANDO T. TAGA-AN, JR., and ROGELIO D. VELOSO v. THE HONORABLE COURT OF APPEALS, SPECIAL NINETEENTH (19th) DIVISION, OMBUDSMAN MERCEDITAS GUTIERREZ, DEPUTY OMBUDSMAN VIRGINIA PALANCA - SANTIAGO, DEPA

  • G.R. No. 177222 - PEOPLE OF THE PHILIPPINES v. RANILO DE LA CRUZ Y LIZING

  • G.R. No. 177237 - WILLIAM CHING v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 177348 - SPOUSES RAMON PATRON and LUZVIMINDA PATRON v. UNION BANK OF THE PHILIPPINES, THE INTERNATIONAL CORPORATE BANK, and THE QUEDAN AND RURAL CREDIT GUARANTEE CORPORATION

  • G.R. No. 177563 - PEOPLE OF THE PHILIPPINES v. DIOSDADO BALOBALO

  • G.R. No. 177564 - ARTURO REVITA "ALIAS" ARTHUR v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 177598 - ROBERT SAN PEDRO v. WILLY ONG and NORMITA CABALLES

  • G.R. No. 177580 - OFFICE OF THE OMBUDSMAN v. VICTORIO N. MEDRANO

  • G.R. No. 177647 - U-BIX CORPORATION and EDILBERTO B. BRAVO v. VALERIE ANNE H. HOLLERO

  • G.R. No. 177736 - MELANIE P. MONTUERTO v. HON. MAYOR ROLANDO E. TY, ET AL.

  • G.R. No. 177775 - PEOPLE OF THE PHILIPPINES v. ISAIAS DIZON

  • G.R. No. 177825 - PEOPLE OF THE PHILIPPINES v. RENE ROSAS

  • G.R. No. 177982 - FITNESS BY DESIGN, INC. v. COMMISSIONER ON INTERNAL REVENUE

  • G.R. No. 178024 - LAWRENCE B. WACNANG v. COMMISSION ON ELECTIONS and FLOYDELIA R. DIASEN

  • G.R. No. 178271 - Banco De Oro-Epci, Inc. v. Hon. Zenaida R. Daguna etc. & Phil. Devt. & International Corp.

  • G.R. No. 178405 - REYNALDO DEUS Y SANTOS v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 178443 - SPOUSES LORENZO H.LABAYEN, ET AL. v. LEONARDO. SERAFICA

  • G.R. No. 178449 - METROPOLITAN BANK AND TRUST COMPANY v. SPOUSES ELISA TAN AND ANTONIO TAN and SPOUSES LILIAN TAN AND MARCIAL SEE

  • G.R. No. 180451 - PEOPLE OF THE PHILIPPINES v. SPO1 ARNULFO A. AURE and SPO1 MARLON H. FEROL

  • G.R. No. 180512 - PEOPLE OF THE PHILIPPINES v. NOEL CUASAY

  • G.R. No. 181043 - THE PEOPLE OF THE PHILIPPINES v. MILLANO MUIT, SERGIO PANCHO, JR., EDUARDO HERMANO ALIAS "BOBBY REYES," ROLANDO DEQUILLO, ROMEO PANCHO, and JOSEPH FERRAER

  • G.R. No. 180906 - THE SECRETARY OF NATIONAL DEFENSE, ET AL. v. RAYMOND MANALO, ET AL.

  • G.R. No. 181545 - THE PEOPLE OF THE PHILIPPINES v. MARK DELA CRUZ

  • G.R. No. 182084 - LIBRADO M. CABRERA v. THE COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 182192 - PEOPLE OF THE PHILIPPINES v. AGRIPINO GUEVARRA y MULINGTAPANG alias "BOY DUNGGOL

  • G.R. No. 182232 - PEOPLE OF THE PHILIPPINES v. NENITA B. HU

  • G.R. No. 182347 - PEOPLE OF THE PHILIPPINES v. EMILIO RIVERA y CABLANG alias 'BOY'

  • G.R. No. 182421 - UCPB GENERAL INSURANCE CORPORATION v. OWNER OF M/V 'SARINDERJIT' BLUE RIVE NAVIGATION

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - AZCUNA - SEPARATE OPINION

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - BRION - CONCURRING AND DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. NO. 183591, G.R. NO. 183752, G.R. NO. 183893, G.R. NO. 183951 and G.R. NO. 183962 - THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - CARPIO - SEPARATE CONCURRING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - NACHURA - DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - YNARES-SANTIAGO - SEPARATE CONCURRING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - TINGA - SEPARATE OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - CHICO-NAZARIO - SEPARATE OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - VELASCO, JR. - DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - PUNO - SEPARATE CONCURRING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. NOS. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - REYES - SEPARATE OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - LEONARDO-DE CASTRO - SEPARATE CONCURRING AND DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183696 - People of the Philippines v. Nelson Arraz

  • G.R. No. 184182 - PEOPLE OF THE PHILIPPINES v. ALFREDO M. PAPA

  • G.R. No. L-26112 / G.R. No. L-30240 - REPUBLIC OF THE PHILIPPINES, ET AL. v. HON. JAIME DELOS ANGELES, ET AL.

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    G.R. No. 177563 - PEOPLE OF THE PHILIPPINES v. DIOSDADO BALOBALO

      G.R. No. 177563 - PEOPLE OF THE PHILIPPINES v. DIOSDADO BALOBALO

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. NO. 177563 : October 10, 2008]

    PEOPLE OF THE PHILIPPINES, Appellee, v. DIOSDADO BALOBALO, Appellant.

    D E C I S I O N

    CARPIO MORALES, J.:

    Appellant was charged before the Regional Trial Court of Calabanga, Camarines Sur with two counts of Rape which were docketed as Criminal Case Nos. RTC'98-300 and RTC'98-302, and Attempted Rape which was docketed as RTC'98-301. He was acquitted in the second and third cases, but was convicted in the first case, hence, the present appeal.

    The accusatory portion of the Information in Criminal Case No. RTC'98-300 subject of the present appeal reads:

    That on or about 1:00 o'clock [sic] in the morning of January 16, 1997 at Barangay Salvacion Baybay, Municipality of Calabanga, Camarines Sur, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with lewd designs [sic], wil[l]fully, unlawfully and feloniously, by means of force, threat and intimidation[,] succeed [sic] in having carnal knowledge with his 12-year[-]old daughter, AAA[,] against her will and without her consent, to her damage and prejudice as evidenced by the Medical Certificate marked as Annex "A" hereof.

    ACTS CONTRARY TO LAW.1 (Underscoring supplied)cralawlibrary

    The victim, AAA, gave the following account.

    At around one o'clock in the morning of January 16, 1997, as AAA was sleeping together with her siblings in a room in their house, she was awakened by appellant who was caressing her right leg. Appellant soon instructed her to transfer to his room and to move therefrom her brother to her room. AAA obliged.

    Appellant then led AAA to his room where he ran his fingers on her jogging pants. As she restrained appellant, he asked her if she loves him, to which AAA replied in the affirmative. Appellant thereupon proceeded to caress her breasts, and instructed her to pull down her jogging pants.2 As she started crying, appellant removed her jogging pants, mounted her, inserted his penis into her vagina and made "push-and-pull movements." He then laid next to her and cautioned her not to reveal the incident to her mother, BBB, who had repaired to Naga City following a quarrel with him over his alleged mistress. He warned her that if she did not heed him, he would abandon her and her siblings and they would grow up without a father.3

    AAA then returned to her room, crying and in pain. She kept her silence, however, out of fear that appellant would abandon them.4 She was later to confide about what appellant did to her to her cousin CCC5 who, on May 1, 1998,6 echoed it to her uncle DDD.

    On May 4, 1998, AAA was examined by Dr. Salvacion Pantorgo who noted in her medical certificate7 the presence of old "multiple hymenal lacerations at 2, 7 and 8 o'clock positions" which the doctor opined were likely caused by sexual intercourse.8

    Prosecution witness AAA's mother BBB, who is the common-law wife of appellant, declared that AAA, who was born on June 27, 1983, is the eldest of nine children she begot with appellant. She identified the birth certificate9 of AAA where her and appellant's name appear as the parents of AAA.10

    Denying the charges and proffering alibi, appellant, a motorcycle sales agent for a marketing company, claimed that on January 15, 1997, at 8:00 in the evening, he, together with another agent, Jesus Tible Jr., went to the house of a prospective client, Augusto Tible, to follow up a projected sale of a motorcycle to him, and their meeting lasted up to 2 o'clock the next morning of January 16, 1997.11

    Appellant insinuated that AAA's mother-his former common-law wife BBB and the latter's brother DDD may have influenced AAA in the filing of the cases after they learned that he was going to marry another woman.12

    Jesus Tible, Jr. corroborated appellant's testimony.

    Towing appellant's defensive line, appellant's mother EEE declared that on January 16, 1997, she was at appellant's residence to take care of his children, including AAA, as appellant and BBB were said to have been in Naga City at the time.13 She added that appellant was with Jesus Tible Jr. on the third week of February 1997.14

    Joy Babiera, a sister of appellant, related that AAA confided to her that she was not raped by her father and that the charges were hatched by BBB and DDD to put appellant to jail.15

    The three cases having been consolidated and tried before Branch 63 of the Calabanga RTC, the trial court, by Joint Decision of February 26, 2001, convicted appellant of rape only in Criminal Case No. RTC'98-300 as stated earlier on. The fallo of the trial court's decision reads:

    WHEREFORE, in view of the foregoing, the prosecution having proven the guilt of the accused beyond reasonable doubt in Crim. Case No. RTC'98-300, accused Diosdado Balobalo is hereby found guilty of the offense of rape as charged. He is sentenced to suffer the penalty of DEATH and to pay AAA the amount of P75,000.00 as indemnity, P50,000.00 as moral damages, P25,000.00 as exemplary damages and to pay the costs.

    In Crim. Case No. RTC'98-301[,] the prosecution having failed to prove the guilt of the accused beyond reasonable doubt, accused Diosdado Balobalo is hereby ACQUITTED of the offense of attempted rape as charged. No pronouncement as to cost.

    In Crim. Case No. RTC'98-302, accused Diosdado Balobalo is likewise ACQUITTED for reason that Republic Act No. 8353 otherwise known as the Anti-Rape Law of 1997 which took effect only on October 22, 1997, and the law cannot be given retroactive effect, hence the acquittal. No pronouncement as to cost.

    SO ORDERED.16 (Emphasis and underscoring supplied)cralawlibrary

    In brushing aside appellant's version in Criminal Case No. RTC No. 98-300, the trial court held:

    x x x. [H]is alibi is self-serving in the absence of any showing that it was impossible for him to be on that early morning to go to his own residence [after] coming either from the Cristy Pub House located at x x x or x x x. His alibi became even more doubtful because of his failure to present Augusto Tible as his witness in order to corroborate his story that indeed he was at his residence on January 15, 1997 at 8:00 o'clock P.M up to 2:00 o'clock the following morning (January 16, 1997). x x x. Likewise, the testimony of his mother that he went to xxx at the residence of Augusto Tible to follow-up the sale of his motorcycle was inconsistent with his testimony. His mother testified that it was on the third week of February, 1997 that he went to Balongoy to follow-up the sale of his motorcycle not on the evening of January 15, 1997.17 (Emphasis and underscoring supplied)cralawlibrary

    Appellant appealed to this Court which, pursuant to People v. Mateo,18 referred the case to the Court of Appeals for disposition.19

    By Decision of October 31, 2006, the appellate court affirmed the judgment of the trial court but modified the penalty to reclusion perpetua in view of the prohibition of the imposition of the death penalty after the passage of Republic Act No. 9346.20

    Hence, the present appeal, appellant insisting that the trial court erred in

    I. . . . FINDING [HIM] GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF RAPE.

    II. . . . GIVING CREDENCE TO THE INCONSISTENT AND INCREDIBLE TESTIMONIES OF PROSECUTION WITNESSES . . .

    III. . . . NOT CONSIDERING THE DEFENSE OF ALIBI INTERPOSED BY THE ACCUSED-APPELLANT.21 (Underscoring supplied)cralawlibrary

    Appellant assails the evidence for the prosecution as insufficient. And he questions the trial court's appreciation of the result of the medical examination which was conducted more than a year after the alleged occurrence of the crime.

    Appellant invites particular attention to the testimony of AAA on the fact of penetration, specifically that given during the preliminary examination of the case conducted on May 13, 1998,22 thus:

    x x x

    Q       What did your father do next?cralawred

    A       He forced me to lie down and raped me, sir.

    Q       What do you mean by ["]he raped you["]?cralawred

    A       What I mean of rape is that he was trying to insert his organ to my organ, sir.

    Q       Was he able to insert his organ into your vagina?cralawred

    A       No sir, he was not able to.

    x x x x (Emphasis and underscoring supplied)cralawlibrary

    And appellant finds it incredible that the rape subject of this appeal, like the two other cases, was allegedly committed at a fixed time - 1:00 a.m. Additionally, he reasserts that AAA was merely induced by her mother and uncle to fabricate the charge in retaliation for his pending marriage to another woman.

    The People through the Office of the Solicitor-General (OSG) points to appellant's having expediently omitted the succeeding portions of AAA's testimony during the preliminary examination, viz:

    Q       Are you sure that he was not able to insert his penis into your vagina even a little?cralawred

    A       I am not sure, sir, but when I urinate [sic] early in the morning I felt pain.

    Q       So there is a probability that he was able to insert his penis inside your vagina?cralawred

    A       I had a wound near the rectum, sir. (Emphasis and underscoring supplied)cralawlibrary

    And the People reiterates this Court's instruction in People v. Brigildo23 that "the mere touching of the labia or pudendum by the phallus is already enough to consummate the crime of rape."

    To sustain a conviction for rape, there must be proof of the penetration of the female organ.24 Consider the following testimony of AAA:

    Q.       When he lied [sic] on top of you what[,] if anything[,] did he do next?cralawred

    A.       He placed his penis on my vagina. He made a push and pull movement of his body while on top of my body.

    Q.       And what[,] if anything[,] did you feel when you were seeing your father when he were [sic] making a pumping motion[?].

    A.       I got scared and I was crying.

    Q.       What[,] if anything[,] did you feel on your organ?cralawred

    A.       Painful, sir.

    Q.       Why was it painful?cralawred

    A.       Because his penis was pressing my vagina. (Emphasis and underscoring supplied)cralawlibrary

    The foregoing testimony vis a vis Dr. Pantargo's finding of the presence of "old multiple hymenal lacerations at 2, 7 and 8 o'clock positions" which constitute physical evidence of forcible defloration25 suffices to sustain the case for the prosecution.

    That AAA was medically examined more than a year after the commission of the rape does not lose significance, for healed lacerations do not negate the commission of rape.26

    The medical report aside as anyway it is not indispensable to an accused's conviction, nay an element of rape, AAA's testimony suffices to convict appellant.27

    As this Court has unrelentingly stressed, the issue of a witness' credibility is best addressed to the sound discretion of the trial court, it having the exclusive opportunity to scrutinize her demeanor, analyze her conduct and assess her attitude while under taxing inquisition. Since no compelling reason was shown why this Court should veer off from the findings of the trial court, the clear and credible testimony of AAA remains.

    As for the alleged fixed time of the commission of the subject and of the two other charges as affecting the credibility of AAA's testimony, the Court finds the OSG's following rationalization thereon well-taken.

    The time indicated by AAA is a mere estimate of the time when the crime took place because during all those instances, she was suddenly awakened from her slumber and, given the circumstances of her father's actuations, had no opportunity to check the exact time. She only knew that it was still dark and that all the people in the house were still fast asleep when her father woke her up . . . Hence her own calculation of the time when the rapes took place is not incredible. (Emphasis and underscoring supplied)cralawlibrary

    Respecting the purported motive that induced the filing of this case, the Court notes that it was only after appellant was confronted by BBB that he abandoned his family.28 His claim of a pending marriage thus appears to be an after-thought, contrived in order to impute motive on AAA and her mother to file false charges against him. If BBB was impelled by any motive, it could not have been other than to bring justice to her daughter. BBB would not expose her daughter to such ignominy in retaliation for an alleged nuptial rebuff.

    On appellant's alibi, given AAA's positive, forthright and unwavering testimony even on cross examination and her positive identification of appellant as her rapist, such defense fails.29

    Except for the award of moral damages the amount of which is increased from P50,000 to P75,000 conformably with current jurisprudence,30 the Court affirms the modified penalty imposed by the appellate court.

    WHEREFORE, the assailed Decision of the Court of Appeals is AFFIRMED with MODIFICATION. As modified, appellant, Diosdado Balobalo, is found guilty of qualified rape in Criminal Case No. RTC '98-300 and is sentenced to suffer reclusion perpetua without eligibility for parole, to pay the victim the amounts of P75,000 as civil indemnity, P75,000 as moral damages and P25,000 as exemplary damages.

    SO ORDERED.

    Endnotes:


    1 Records, p. 1.

    2 TSN, January 19, 1999, p. 4.

    3 Id. at 5.

    4 Id at 7.

    5 TSN, February 3, 1999, pp. 8-9; Cross-examination of AAA.

    6 TSN, February 23, 1999, p. 3.

    7 Records, p. 7; Exhibit "A."

    8 TSN, February 26, 1999, p. 8-9.

    9 Records, p. 69; Exhibit "B."

    10 Ibid.; Exhibits "B-2" and "B-3."

    11 TSN, June 30, 1999, pp. 2-3; Direct examination of appellant.

    12 Id. at 12.

    13 TSN, June 2, 1999, p. 5.

    14 Id. at 6.

    15 TSN, May 26, 2000, pp. 3-10.

    16 CA rollo, pp. 153-154.

    17 Id. at p. 144.

    18 G.R. No. 147678-87, July 7, 2004, 433 SCRA 640. Said case modified Section 3 and Section 10 of Rule 122. Section 13 of Rule 134, Section 3 of Rule 125 of the Revised Rules of Criminal Procedures and any other rule in insofar as they provide direct appeals from the RTC to this Court in cases where the penalty imposed is death, reclusion perpetua or life imprisonment and allowed an intermediate review by the Court of Appeals before such cases are elevated to this Court.

    19 Per Resolution dated September 28, 2004.

    20 An Act Prohibiting the Imposition of the Death Penalty in the Philippines, which took effect on June 29, 2006

    21 CA rollo, p. 157.

    22 Exhibit "H" - "H-1"; records, pp. 10-11.

    23 380 Phil. 610, 623 (2000).

    24 People v. Pandapatan, G.R. No. 173050, April 13, 2007, 521 SCRA 304, 319.

    25 People v. Montemayor, 444 Phil. 169, 185 (2003) citing People v. Belen, 432 Phil. 881 (2002); People v. Alcala, G.R. No. 168442, 307 SCRA 330, 345 (1999).

    26 People v. Teodoro, G.R. No. 170473, October 12, 2006, 504 SCRA 304 (2006); People v. Espinoza, 317 Phil. 79, 87 (1995).

    27 People v. Arango, 168442, August 30, 2006, 500 SCRA 259.

    28 TSN, March 3, 1999, pp. 25-28.

    29 People v. Bidoc, G.R. No. 169430, October 31, 2006, 506 SCRA 481.

    30 People v. Salome, G.R. No. 169077, August 31, 2006, 500 SCRA 659; People v. Quiachon, G.R. No. 170236, August 31, 2006, 500 SCRA 704, 719; People v. Sambrano, 446 Phil. 145 (2003).

    G.R. No. 177563 - PEOPLE OF THE PHILIPPINES v. DIOSDADO BALOBALO


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