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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. 183696 - People of the Philippines v. Nelson Arraz

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

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. NO. 183696 : October 24, 2008]

    PEOPLE OF THE PHILIPPINES, Appellee, v. NELSON ARRAZ, Appellant.

    R E S O L U T I O N

    CARPIO, J.:

    This is an appeal from the 23 November 2007 Decision1 of the Court of Appeals in CA-G.R. CR-H.C. No. 02357. The Court of Appeals affirmed the 15 June 2006 Decision2 of the Regional Trial Court, Branch 63, Calabanga, Camarines Sur, in Criminal Case No. RTC 04-907 finding appellant Nelson Arraz guilty beyond reasonable doubt of qualified rape with the modifications that (1) the death penalty be reduced to reclusion perpetua without eligibility for parole; and (2) the awards of moral damages and exemplary damages be reduced to P50,000 and P25,000, respectively.

    The prosecution charged appellant with raping his 14-year old niece in an Information that reads:

    That on or about the 20th day of April 2003, at around three o'clock in the morning in Sitio Libtong, Barangay Lupi, Tinambac, Camarines Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused willfully, unlawfully, and feloniously through force and intimidation has carnal knowledge with her [sic] niece, [AAA],3 fourteen years old, against her will, to her damage and prejudice.

    The crime is committed with the following attendant aggravating/qualifying circumstances:

    The victim is under eighteen years of age and the offender is a relative by consanguinity within the third civil degree.

    ACTS CONTRARY TO LAW.4

    Upon arraignment, appellant pleaded not guilty. During the pre-trial, appellant admitted that AAA is his niece. Thereafter, trial ensued.

    The prosecution presented AAA, who was born on 2 January 1989 as shown in her birth certificate, and thus was only 14 years old when the rape happened. AAA testified that on 20 April 2003, she went to sleep at 8:00 in the evening. Then, at 3:00 a.m. of the following day, she was awakened because appellant was kissing her. Appellant held her hand and placed himself on top of her. AAA fought but appellant was much stronger than her. Appellant removed AAA's shorts and inserted his penis into her vagina which made her feel pain causing her to cry. Afterwards, appellant threatened to kill AAA if she would report what happened to her. AAA did not inform her grandmother about the rape because AAA believed that her grandmother would side with appellant, being her grandmother's favorite son. AAA instead reported the incident to someone whom she believed to be a member of the New People's Army (NPA) because she wanted appellant dead. The alleged member of the NPA turned out to be an officer of the Philippine Army who brought AAA to the Department of Social Welfare and Development of Tinambac.

    The prosecution likewise presented Dr. Jane Perpetua Fajardo (Dr. Fajardo), Medico Legal Officer of the National Bureau of Investigation (NBI), who testified that she conducted a medico genital examination on AAA. Dr. Fajardo found an old healed hymenal laceration at 6:00 o'clock position, which is most commonly caused by sexual intercourse.

    The defense presented appellant and his mother as witnesses. Appellant denied the charges against him, stating, among others that at the time of the commission of the crime, he stayed at his house taking care of his sick wife, then tended to his carabao, and thereafter attended the reading of the Pasyon. However, appellant admitted that at around 12 midnight of 21 April 2003, he tried to kiss AAA's lips but nothing happened afterwards. Appellant claimed that he was tempted to kiss AAA because he saw her lying on a bed alone and he was drunk then. Appellant further alleged that AAA filed the present criminal case because she was probably angry at him for trying to kiss her on the lips.

    Appellant's mother, Gloria Arraz, essentially testified that she did not notice anything unusual about AAA at around the time of the rape and that AAA did not inform her about the rape.

    The trial court convicted appellant of rape defined and penalized under paragraph 1(a) of Article 266-A in relation to Article 266-B of the Revised Penal Code, as amended by Republic Act No. 8353. The trial court pertinently ruled as follows:

    In the case at bar, the information alleges that the rape was committed "on or about the 20th day of April, 2003." In this regard, Section 11 of Rule 110 of the Revised Rules on Criminal Procedure provides, as follows:

    "Sec. 11. Date of commission of the offense. - - It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.

    The discrepancy should likewise be disregarded because the accused testified and admitted that he went to the house where [AAA] was staying at 12 midnight of April 21, 2003 and that when he saw [AAA] lying in bed alone and being drunk at that time, he was tempted. He also admitted that he tried to kiss [AAA] on said date. x x x Moreover, such mistakes or inaccuracies are of no moment as the factual issue now before this court is whether the rape incident happened or not. As emphatically enunciated by the Supreme Court in a number of cases, "in rape cases, the date is not an essential element of the crime and, therefore, need not be accurately stated."

    x x x

    Although the accused claims that he only tried to kiss [AAA], such denial crumbles in the face of the positive testimony of [AAA] and the physical evidence showing that sexual intercourse was committed on her. The physical evidence shows that she had an old hymenal laceration at 6:00 o'clock position, complete with edges rounded and non-coaptable. The hymenal orifice was wide (2.5 cm. in diameter) as to allow complete penetration by an average-sized adult Filipino male organ in full erection without producing injury.

    x x x

    The court finds the testimony of [AAA] clear and free from serious contradiction. Although it appears that she did not shout or cry out for help while the accused was trying to force himself upon her, this does not diminish her credibility. People react in different ways. x x x The reason given by [AAA] why she did not shout or cry for help was that she believed that her grandmother would side with the accused. x x x5

    The dispositive portion of the 15 June 2006 Decision6 of the Regional Trial Court, Branch 63, Calabanga, Camarines Sur, reads:

    WHEREFORE, in view of the foregoing, the prosecution having proven the guilt of the accused beyond reasonable doubt, judgment is hereby rendered finding the accused guilty beyond reasonable doubt of the crime of rape as defined and penalized under letter (a) paragraph 1 of Art. 266-A of the Revised Penal Code as amended by Rep. Act 8353 in relation to Art. 266-B thereof.

    Accordingly, the accused NELSON ARRAZ is hereby sentenced to suffer the supreme penalty of DEATH, and to indemnify the victim, [AAA], in the amount of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages.

    SO ORDERED.7

    On appeal, appellant contended that the trial court erred in finding him guilty beyond reasonable doubt. He claimed that (1) there was a discrepancy in the date of the commission of the crime; (2) AAA did not display any unusual behavior after she was allegedly raped; (3) it was impossible to rape AAA considering that she was sharing the room with her grandmother who was only two meters away from her and was separated only by a curtain; and (4) AAA did not make an outcry when her grandmother was so near when the rape happened.

    The Court of Appeals rejected appellant's contentions. The appellate court held that the "perceived discrepancy in the date of the commission of the rape is inconsequential." The date of the commission of the rape is not an essential element of the crime. The Court of Appeals went on to explain the discrepancy in the date by stating that the crime was committed in the early morning of 21 April 2003, which is already considered a new day or the next day after [AAA] went to sleep at around 8:00 o'clock in the evening of 20 April 2003.

    The fact that AAA did not shout or make an outcry does not diminish her credibility, for such failure to shout for help does not negate rape. AAA was only 14 years and 3 months old at the time she was raped and is the niece of appellant. Thus, it cannot be denied that appellant exercised a great amount of influence and wielded authority over AAA.

    The Court of Appeals also found unmeritorious appellant's claim of impossibility to commit the crime of rape in the presence of other persons. The presence of people has never deterred the commission of rape.

    The Court of Appeals also held that there is no standard form of behavioral response when one is confronted by a shocking or a harrowing experience. AAA's reporting of the incident to someone she believed to be a member of the NPA, and not to her grandmother because appellant was the latter's favorite, may be considered a normal reaction.

    The Court of Appeals gave credence to AAA's testimony rather than appellant's bare denial. AAA's testimony was simple, candid and straightforward.

    The dispositive portion of the decision of the Court of Appeals reads:

    WHEREFORE, the Decision appealed from, convicting accused-appellant NELSON ARRAZ of the crime of qualified rape, is thereby AFFIRMED with the MODIFICATIONS that (1) the penalty of death be reduced to reclusion perpetua without eligibility to [sic] parole; and (2) the awards of moral damages and exemplary damages are reduced to P50,000.00 and P25,000.00, respectively.

    SO ORDERED.8

    Hence, this appeal.

    The sole issue in this case is whether appellant is guilty of rape defined and penalized under Article 266-A9 in relation to Article 266-B10 of the Revised Penal Code, as amended.

    The appeal has no merit.

    The lower courts did not err in giving credence to the testimony of AAA. AAA clearly and straightforwardly testified that appellant raped her, thus:

    Q Aside from kissing you, what else did your Tio Nelson do to you?cralawred

    A He held my hand and placed himself on top of me.

    Q What did you do when you said your Tio Nelson got held [sic] of your hand and went on top of you?cralawred

    A I fought him but he was much stronger than me.

    Q While your Tio Nelson was on top of you, what action did he take after that?cralawred

    A And he continued on kissing me.

    Q What else did he do, aside from kissing you?cralawred

    A He inserted his penis inside my vagina.

    x x x

    Q Awhile ago you said that the penis of Nelson Arraz was inserted in your vagina, kindly tell us what did you feel while you were in that situation?cralawred

    A It was painful.

    Q And what did you do since you feel painful [sic] in that situation?cralawred

    A I cried.

    Q Can you still remember for how long Nelson Arraz was on top of you, after Nelson Arraz moved on top of you what happened next?cralawred

    A I could not remember, Sir.

    Q And while Nelson Arraz inserted his penis into your vagina and he was on top of you, what did Nelson Arraz do?cralawred

    A He continued on kissing me.11

    To support AAA's charge of rape, the prosecution presented the testimony of Dr. Fajardo, Medico Legal Officer of the NBI, who conducted a medico genital examination on AAA. Dr. Fajardo found an old healed hymenal laceration at 6:00 o'clock position. She stated that based on experience and studies, 90 to 95% of such lacerations are caused by sexual intercourse. Hymenal lacerations, whether healed or fresh, are the best evidence of forcible defloration.12 Since AAA's clear, positive and straightforward testimony is consistent with Dr. Fajardo's medical findings, the prosecution sufficiently established the element of carnal knowledge.

    While appellant admits kissing AAA on the lips around the time of the commission of the rape, appellant denies raping AAA. Appellant's flimsy denial cannot prevail over AAA's positive identification of appellant as the perpetrator of the crime. Moreover, appellant gravely failed to show material facts which the trial court overlooked or misunderstood and which could alter appellant's conviction. Well-settled is the rule that the Court accords great respect and full weight to the trial court's findings, unless the trial court overlooked substantial facts which could have affected the outcome of the case.13 Appellant's claims involve minor or trifling matters that do not warrant a reversal of the decision of the lower courts.

    First, the Court sustains the lower courts in holding that the date of the commission of the rape is not an essential element of the crime. Even a variance of a few months between the time in the Information and that established by the evidence during the trial has been held not to constitute a serious error warranting the reversal of a conviction on that ground.14

    Second, as the Court of Appeals ruled, lust does not respect time and place. There is no rule that rape can be committed only in seclusion. In several cases, the Court has found that venues of rape have been inside a house where there were other occupants;15 in a room adjacent to where the victim's family members were sleeping;16 or even in a room which the victim shared with the accused's sisters.17

    Third, AAA's failure to shout for help during the rape is not fatal to the charge of rape. Considering that at the time of the rape AAA was only 14 years old and that appellant is AAA's uncle, appellant undeniably exercised moral ascendancy over AAA and intimidated AAA into submission. Failure to shout or offer tenacious resistance did not make voluntary AAA's submission to appellant's lust.18 Besides, physical resistance is not an essential element of rape.19

    Fourth, the Court agrees with the Court of Appeals in ruling that there is no uniform behavior expected of victims after being raped. Different people react differently to a given situation, and there is no standard form of behavioral response when one is confronted with a strange or startling or frightful experience.20 In this case, AAA did not tell her grandmother about the rape incident because she firmly believed that her grandmother would side with appellant, being her favorite son. Instead, AAA deemed it right, under the circumstances, to report it to someone whom she believed to be a member of the NPA.

    Considering that the Court finds no reversible error on the finding of appellant's guilt for the crime of rape, the Court of Appeals correctly imposed the penalty of reclusion perpetua without eligibility for parole, pursuant to Republic Act No. 9346.21

    However, the Court modifies appellant's civil liability. He is still ordered to pay AAA P75,000 as civil indemnity and P25,000 as exemplary damages. The Court increases from P50,000 to P75,000 the award of moral damages in accordance with prevailing jurisprudence.22

    WHEREFORE, the Court AFFIRMS the 23 November 2007 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 02357 with the MODIFICATION that the moral damages shall be P75,000.

    SO ORDERED.

     

    Endnotes:


    * Per Special Order No. 527.

    ** As replacement of Chief Justice Reynato S. Puno who is on official leave per Special Order No. 528.

    1 Rollo, pp. 2-19. Penned by Associate Justice Edgardo F. Sundiam, with Acting Presiding Justice Conrado M. Vasquez, Jr. and Associate Justice Monina Arevalo-Zenarosa, concurring.

    2 CA rollo, pp. 16-29. Penned by Judge Freddie D. Balonzo.

    3 Per this Court's Resolution dated 19 September 2006 in A.M. No. 04-11-09-SC, as well as our ruling in People v. Cabalquinto (G.R. No. 167693, 19 September 2006, 502 SCRA 419), pursuant to Republic Act No. 9262 or the "Anti-Violence Against Women and Their Children Act of 2004" and its implementing rules, the real name of the victims and their immediate family members other than the accused are to be withheld and fictitious initials are to be used instead.

    4 Rollo, p. 3.

    5 CA rollo, pp. 23-26.

    6 Id. at 16-29.

    7 Id. at 28.

    8 Rollo, p. 19.

    9 ART. 266-A. Rape; When And How Committed. - Rape Is Committed '

    1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

    a) Through force, threat, or intimidation;

    b) When the offended party is deprived of reason or otherwise unconscious;

    c) By means of fraudulent machination or grave abuse of authority; andcralawlibrary

    d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

    10 ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.

    x    x    x

    The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:

    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

    11 Rollo, pp. 15-16.

    12 People v. Mangitngit, G.R. No. 171270, 20 September 2006, 502 SCRA 560.

    13 People v. Montinola, G.R. No. 178061, 31 January 2008, 543 SCRA 412.

    14 People v. Soriano, G.R. No. 172373, 25 September 2007, 534 SCRA 140, 146.

    15 People v. Talaboc, 326 Phil. 451 (1996) citing People v. Guibao, G.R. No. 93517, 15 January 1993, 217 SCRA 64, People v. Dabon, G.R. No. 102004, 16 December 1992, 216 SCRA 656, People v. De los Reyes, G.R. No. 85771, 19 November 1991, 203 SCRA 707, People v. Viray, No. L-41085, 8 August 1988, 164 SCRA 135.

    16 People v. Talaboc, 326 Phil. 451 (1996) citing People v. Codilla, G.R. NOS. 100720-23, 30 June 1993, 224 SCRA 104.

    17 Id. citing People v. Villorente, G.R. No. 100198, 1 July 1992, 210 SCRA 647.

    18 People v. Alberio, G.R. No. 152584, 6 July 2004, 433 SCRA 469, 475.

    19 Id.

    20 People v. Talaboc, 326 Phil. 451 (1996).

    21 An Act Prohibiting the Imposition of Death Penalty in the Philippines.

    22 People v. Crespo, G.R. No. 180500, 11 September 2008; People v. Dela Torre, G.R. No. 176637, 6 October 2008; People v. Dela Paz, G.R. No. 177294, 19 February 2008, 546 SCRA 363, 386; People v. Javier, G.R. No. 172970, 19 February 2008, 546 SCRA 328, 333; People v. Barcena, G.R. No. 168737, 16 February 2006, 482 SCRA 543, 561.

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


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