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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
 

   
July-2009 Jurisprudence                 

  • A.C. No. 6121 - TRINIDAD H. CAMARA, ET AL. v. ATTY. OSCAR AMONDY REYES

  • A.C. No. 7199 Formerly CBD 04-1386 - Foodsphere, Inc. v. Atty. Melanio L. Mauricio, Jr.

  • A.C. No. 7815 - Dolores C. Belleza v. Atty. Alan S. Macasa

  • A.C. No. 8243 - Rolando B. Pacana, Jr. v. Atty. Maricel Pascual-Lopez

  • A.C. No. 8252 - Natividad Uy v. Atty. Braulio RG Tansisin

  • A.M. No. 02-8-207-MTCC - Re: Report on the Judicial Audit Conducted in the Municipal Trial Court in Cities, Branch 2, Cagayan De Oro City

  • A.M. No. 03-7-170-MCTC - Re: Report on the Judicial Audit in Municipal Circuit Trial Court, Jiminez-Sinacaban, Misamis Occidental/ Judge Pricilla Hernandez

  • A.M. No. 08-3-73-MeTC - Re: Report on the Judicial Audit Conducted at the Metropolitan Trial Court, Branch 55, Malabon City

  • A.M. No. 08-4-4-SC - Re: Request of the Police Director General Avelino I. Razon for authority to delegate the endorsement of application for search warrant

  • A.M. No. 2008-24-SC - Re: Fighting incident between two(2) SC shutle bus drivers, namely, Messrs. Edilbert L. Idulsa and Ross C. Romero

  • A.M. No. MTJ-06-1651 - Prosecutor Robert M. Visbal v. Judge Wenceslao B. Vanilla, MTCC, Br. 2, Tacloban City

  • A.M. No. MTJ-08-1709 Formerly A.M. OCA IPI No. 02-1225-MTJ - Lanie Cervantes v. Judge Heriberto M. Pangilinan, and Clerk of Court III Carmencita P. Baloco, etc.

  • A.M. No. P-03-1677 & A.M. No. P-07-2317 - Liberty M. Toledo v. Liza Perez, Court Stenographer III, Office of the Clerk of Court, RTC, Manila

  • A.M. No. P-06-2212 - Geronimo Francisco v. Sebastian Bolivar, etc.

  • A.M. No. P-06-2217 Formerly OCA IPI No. 06-2375-P - Concerned Employees of the Municipal Trial Court of Meycauayan, Bulacan v. Larizza Paguio-Bacani, Branch COC II, MTC, Meycauayan, Bulacan

  • A.M. No. P-06-2219 Formerly A.M. No. 06-7-392-RTC - Office of the Court Administrator v. Officer-in-charge and Legal Researcher Nilda Cinco, RTC, Br. 28, Catbalogan, Samar

  • A.M. No. P-06-2245 Formerly OCA IPI NO. 06-2373-P and A.M. NO. MTJ-09-1741 Formerly OCA IPI No. 06-1853-MTJ : July 31, 2009 - Judge Jaime L. Dojillo, Jr. v. Concepcion Z. Ching, etc.

  • A.M. No. P-08-2578 Formerly OCA I.P.I. No. 08-2924-P - Gaspar R. Dutosme v. Atty. Rey D. Caayona

  • A.M. No. P-09-2644 Formerly OCA IPI No. 08-2787-P - Edgardo A. Quilo v. Rogelio G. Jundarino, Sheriff III, Metropolitan Trail Court, Branch 19, Manila

  • A.M. No. P-08-2132 Formerly A.M. OCA IPI No. 07-2549-RTJ - Atty. Florencio Alay Binalay v. Judge Elias O. Lelina, Jr.

  • A.M. No. RTJ-08-2158 Formerly OCA IPI No. 04-2018-RTJ - Alfredo Favor v. Judge Cesar O. Untalan, RTC, Branch 149, Makati City

  • A.M. No. RTJ-09-2175 - Venancio Inonog v. Judge Francisco B. Ibay, Presiding Judge, Regional Trial Court, Branch 135, Makati City

  • A.M. No. RTJ-09-2183 Formerly A.M. OCA IPI No. 05-2346-RTJ - Concerned Lawyers of Bulacan v. Presiding Judge Pornillos, RTC Br. 10, Malolos City.

  • A.M. No. RTJ-09-2186 Formerly A.M. OCA-IPI No. 03-1893-RTJ and A.M. No. RTJ-09-2187 Formerly A.M. OCA IPI No. 04-1993-RTJ - Atty. Nelson T. Antolin, et al. v. Judge Alex L. Quiroz, et al.

  • G.R. No. 141888 - Melba Rose R. Sasot v. Amado Yuson, et al.

  • G.R. No. 147957 - Privatization Management Office v. Legaspi Towers 300, Inc.

  • G.R. No. 148600 - Atty. Emmanuel Pontejos v. Hon. Aniano Desierto and Restituto Aquino

  • G.R. No. 149763 - Eduardo J. Mari o, Jr. et al. v. Gil Y. Gamilla, et al.

  • G.R. No. 150228 - Bank of America NT & SA v. Philippine Racing Club

  • G.R. No. 151424 - Eagle Realty Corporation v. Republic of the Philippines, etc., et al.

  • G.R. No. 151973 - National Power Corporation v. Sps. Lorenzo L. Laohoo, et al.

  • G.R. No. 152263 - Arthur Zarate v. Regional Trial Court, Br. Gingoog City, Misamis Oriental

  • G.R. No. 152496 - Sps. German Anunciacion, et al. v. Perpetua M. Bocanegra, et al.

  • G.R. No. 155491 - Smart Communications, Inc., v. The City of Davao, represented by its Mayor Hon. Rodrigo Duterte and the Sangguniang Panlunsod of Davao City

  • G.R. No. 156946 - Secretary of Finance v. Oro Maura Shipping Lines

  • G.R. No. 157607 - Land Bank of the Philippines v. Rowena O. Paden

  • G.R. No. 159131 - Heirs of Toribio Waga, represented by Merba A. Waga v. Isabelo Sacabin

  • G.R. No. 159358 - Eureka Personnel and Management Corp., and Nari K. Gidwani v. The Hon. National Labor Relations Commission, et al.

  • G.R. No. 159624 - Cebu Mactan Members Center, Inc. v. Masahiro Tsukahara

  • G.R. NOS. 160243-52 - Romeo D. Lonzanida v. People of the Philippines

  • G.R. No. 160265 - Nely T. Co. v. People of the Philippines, et al.

  • G.R. No. 160380 - Sps. Eduardo & Leticia Monta o v. Rosalina Francisco, et al

  • G.R. No. 160772 - Hilario P. Soriano v. Ombudsman Simeon V. Marcelo, et al.

  • G.R. No. 161051 - Compania General de Tabacos De Filipinas and La Flor De La Isabela, inc. v. Hon. Virgilio A. Sevandal, et al.

  • G.R. No. 161062 - Republic of the Philippines v. Ferventino U, Tango

  • G.R. No. 161238 - Heirs of Jose G. Santiago, namely: Julia G. Santiago, et al. v. Aurea G. Santiago, et al.

  • G.R. No. 161748 - Spouses Francisco and Betty Wong and Spouses Joaquin and Lolita Wong v. City of Iloilo, et al.

  • G.R. No. 162074 - Cecilleville Realty and Service Corporation v. Spouses Tito Acu a, et al.

  • G.R. No. 162540 - Gemma T. Jacinto v. People of the Philippines

  • G.R. No. 162721 - Petronila Maylem v. Carmelita Ellano and Antonia Morciento

  • G.R. No. 162738 - Sps. Elizabeth S. Tagle Ernesto R. Tagle v. Hon. Court of Appeals, RTC, Quezon City, Branch 97, Sps. Federico and Rosamyrna Carandang and Shriff Carol Bulacan

  • G.R. No. 162836 - Cerefina Argallon-Jocson and Rodolfo Tuising v. Maria Cristina Fertilizer Corporation and/or Marcelo Steel Corporation

  • G.R. No. 164244 - National Housing Authority v. Reynaldo Magat

  • G.R. No. 164315 - Alcatel Philippines, Inc. v. Rene R. Relos

  • G.R. No. 164560 - Ana De Guia San Pedro, et al. v. Hon. Fatima G. Asdala (etc.), et al.

  • G.R. No. 164800 - Republic of the Philippines v. Estate of Alfonso Lim, Sr., et al.

  • G.R. No. 164817 - Digna A. Najera v. Eduardo J. Najera

  • G.R. No. 164968 - Gloria Ocampo, et al. v. Land Bank of the Philippines, et al.

  • G.R. No. 165448 - Ernesto Aquino v. People of the Philippines

  • G.R. No. 165568 - Government Service Insurance System v. Abraham Lopez

  • G.R. No. 165678 - Rosario Panuncio v. People of the Philippines

  • G.R. No. 165907 - Spouses Dominador R. Narvaez and Lilia W. Narvaez v. Spouses Rose Ogas Alciso and Antonio Alciso

  • G.R. No. 166198 - Marcelino A. Magdadaro v. Philippine National Bank

  • G.R. No. 166553 - Republic of the Philippines, represented by the National Power Corporation v. Sps. Ruperto and Sonia S. Libuano, et al.

  • G.R. No. 166640 - Herminio Mariano, Jr. v. Ildefonso C. Callejas and Edgar De Borja

  • G.R. No. 166705 - Mantle Trading Services, Incorporated and/or Bobby Del Rosario v. National Labor Relations Commission and Pablo S. Madriaga

  • G.R. No. 166734 - Mandy Commodities Co., Inc. v. The International Commercial Bank of China

  • G.R. No. 166988 - Heirs of Emiliano San Pedro, etc. v. Pablito Garcia and Jose Calderon

  • G.R. No. 167232 - D.B.T. Mar-Bay Construction Incorporated v. Ricaredo Panes, et al.

  • G.R. No. 167546 - Sonny Romero y Dominguez v. People of the Philippines

  • G.R. No. 167809 - Land Bank of the Philippines v. Josefina R. Dumlao, et al.

  • G.R. No. 168406 - Club Filipino, Inc. and Atty. Roberto F. De Leon v. Benjamin Bautista, et al.

  • G.R. No. 169519 - Irenorio B. Balaba v. People of the Philippines

  • G.R. No. 169700 - In the Matter of the Allowance of the Will of Moises F. Banayad Apolonia Banayad Frianela v. Servillano Banayad, Jr.

  • G.R. No. 169878 - People of the Philippines v. Jesus Obero

  • G.R. No. 170014 - Renita Del Rosario, et al. v. Makati Cinema Square Corporation

  • G.R. No. 170472 - People of the Philippines v. Jojo Musa y Santos, et al.

  • G.R. NOS. 170615-16 - The Repuclic of the Philippines, represented by the Office of the Ombudsman, Ma. Merceditas N. Gutierrez, in her capacity as the Ombudsman v. Rufino V. Maijares, Roberto G. Ferrera, Alfredo M. Ruba and Romeo Querubin.

  • G.R. No. 171275 - Victor Meteoro, et al. v. Creative Creatures, Inc.

  • G.R. No. 171386 - Gloria R. Motos and Martin Motos v. Real Bank (A Thrift Bank), Inc.

  • G.R. No. 171586 - National Power Corporation v. Province of Quezon and Municipality of Pabgilao

  • G.R. No. 171655 - People of the Philippines v. Pablo L. Estacio, Jr. and Maritess Ang

  • G.R. No. 171842 - Gloria S. Dy v. Mandy Commodities Co., Inc.

  • G.R. No. 171968 - XYST Corporation v. DMC Urban Properties Development, Inc., Fe Aurora C. Castro (Intervenor)

  • G.R. No. 172174 - Davao Contractors Development Cooperative (DACODECO), represented by Chairman of the Board Engr. L. Chavez v. Marilyn A. Pasawa.

  • G.R. No. 172212 - Rafael Rondina v. Court of Appeals formet special 19th Division, unicraft Industries International Corp., Inc. Robert Dino, Cristina Dino, Michael Lloyd Dino, Allan Dino and Mylene June Dino.

  • G.R. No. 172342 - LWV Construction Corporation v. Marcelo B. Dupo

  • G.R. No. 172574 - Noli Lim v. Angelito Delos Santos, etc., Denia R. Adoyo, et al., (Intervenors) Gloria Murillo, et al., (Protestants)

  • G.R. No. 172640 - Victoriano Dela Pe a, et al. v. Spouses Vicente Alonzo, et al.

  • G.R. No. 172796 - Sps. Artemio and Esperanza Aduan v. Levi Chong

  • G.R. No. 173252 - Unisource Commercial and Development Corporation v. Joseph Chung, et al.

  • G.R. No. 173654-765 - People of the Philippines v. Teresita Puig and Romeo Porras

  • G.R. No. 174154 - Jesus Cuenco v. Talisay Tourist Sprots Complex, Incorporated and Matias B. Aznar III

  • G.R. No. 174238 - Anita Cheng v. Souses William and Tessie Sy

  • G.R. No. 174364 - Northwest Airlines v. Delfin S. Catapang

  • G.R. No. 174370 - People of the Philippines v. Willy Mardo Ganoy y Mamayabay

  • G.R. No. 174610 - Soriamont Steamship Agencies, Inc., et al. v. Sprint Transport Services, inc. etc.

  • G.R. No. 174803 - Marywin Albano-Sales v. Mayor Reynolan T. Sales and Court of Appeals

  • G.R. No. 174830 - Isabelita Vda. De Dayao and Heirs of Vicente Dayao v. Heirs of Gavino Robles, namely: Placida vda. De Robles, et al.

  • G.R. No. 174986, G.R. NO. 175071 and G.R. NO. 181415 - Armand O. Raquel-Santos, et al. v. Court of Appeals, et al.

  • G.R. No. 175352 - Dante Liban, et al. v. Richard J. Gordon

  • G.R. No. 175551 - Republic of the Philippines represented by the Manila International Airport Authority (MIAA) v. Hon. Francisco G. Mendioal, etc.

  • G.R. No. 175677 and G.R. NO. 177133 - Spouses Azucena B. Corpuz and Renato S. Corpuz v. Citibank, N.A. et al.

  • G.R. No. 175910 - Atty. Rogelio E. Sarsaba v. Fe vda De Te, represented by her Attorney-in-Fact Faustino Casta eda

  • G.R. No. 177007 - Sansio Philippines, Inc. v. Sps. Alicia Leodegario Mogol, Jr.

  • G.R. No. 177181 - Rabaja Ranch and Development Corporation v. AFP Retirement and Separation Benefits System

  • G.R. No. 177430 and G.R. NO. 178935 - Rene M. Francisco v. People of the Philippines

  • G.R. No. 177594 - University of San Agustin, Inc. v. University of San Agustin Employees Union-FFW

  • G.R. No. 177624 - Modesta Luna v. Juliana P. Luna, et al.

  • G.R. No. 177728 - Jenie San Juan Dela Cruz, et al., etc., v. Ronald Paul S. Gracia, etc.

  • G.R. No. 177766 - People of the Philippines v. Claro Jampas

  • G.R. No. 177768 - People of the Philippines v. Charmen Olivo y Along, Nelson Danda y Sambuto and Joey Zafra y Reyes

  • G.R. No. 177847 - Laurence M. Sison v. Eusebia Cariaga

  • G.R. No. 178058 - People of the Philippines v. Jessie Maliao y Masakit, Norberto Chiong y Discotido and Luciano Bohol y Gamana, Jessie Maliao y Masakit(Accused-Appellant)

  • G.R. No. 178205 - People of the Philippines v. Leo Quemeggen, Juanito De Luna

  • G.R. No. 178330 - Martin T. Sagarbarria v. Philippine Business Bank

  • G.R. No. 178490 - Commissioner of Internal Revenue v. Bank of the Philippine Islands

  • G.R. No. 178760 - Carmen B. Dy-Dumalasa v. Domingo Sabado S. Fernandez, et al.

  • G.R. NOS. 178831-32, G.R. No. 179120, G.R. NOS. 179132-33 and G.R. NOS. 179240-41 - Limkaichong v. Comission on Election

  • G.R. No. 178976 - Abelardo P. Abel v. Philex Mining Corporation represented by Fernando Agustin

  • G.R. No. 179061 - Sheala P. Matrido v. People of the Philippines

  • G.R. No. 179154 - People of the Philippines v. Roger Perez and Danilo Perez

  • G.R. No. 179177 - Carlos N. Nisda v. Sea Serve Maritime Agency, et al.

  • G.R. No. 179187 - People of the Philippines v. Renato Talusan y Panganiban

  • G.R. No. 179430 - Jamela Salic Maruhom v. Commssion on Elections and Mohammad Ali "Mericano" A. Abinal

  • G.R. No. 179271 and G.R. No. 179295 - BANAT v. Commission on Election

  • G.R. No. 179512 - Eagle Star Security Services, Inc. v. Bonifacio L. Mirando.

  • G.R. No. 179546 - Coca-Cola Bottlers Phils, Inc. v. Alan M. Agito, Regolo S. Oca III, et al.

  • G.R. No. 179653 - United Muslim and Christian Urban Poor Association, Inc., etc. v. BRYC-V Development Corporation, etc., et al.

  • G.R. No. 179674 - Pyro Coppermining Corporation v. Mines Adjudication Board-Department of Environment and Natural Resources, et al.

  • G.R. No. 179807 - Ramy Gallego v. Bayer Philippines, Inc., et al.

  • G.R. No. 179937 - The People of the Philippines v. Gerald Librea y Camitan

  • G.R. No. 180043 - Commissioner of Internal Revenue v. Philippine Airline, Inc. (PAL)

  • G.R. No. 180055 and G.R. No. 183055 - Franklin M. Drilon, et al. v. Hon. Jose de Venecia, Jr., et al.

  • G.R. No. 180066 - Commissioner of Internal Revenue v. Philippine Airlines, Inc.

  • G.R. No. 180458 - Development Bank of the Philippines v. Family Foods Manufacturing Co. Ltd. and Spouses Juliano and Catalina Centeno

  • G.R. No. 180465 - Eric Dela Cruz and Paul M. Lacuata v. Coca-Cola Bottlers Phils.

  • G.R. No. 180528 - Civil Service Commission v. Nelia O. Tahanlangit

  • G.R. No. 180568 - Lydia Montebon a.k.a. Jingle Montebon v. The Honorable Court of Appeals, et al.

  • G.R. No. 180675 - Virgilio Bote v. San Pedro Cineplex Properties Corporation

  • G.R. No. 181235 - Banco De Oro-EPCI, Inc. v. John Tansipek

  • G.R. No. 181393 - Grandteq Industrial Steel Products, Inc. and Abelardo M. Gonzales v. Edna Margallo

  • G.R. No. 181478 - Eddie T. Panlilio v. Commission on Elections and Lilia G. Pineda

  • G.R. No. 181531 - National Union of Workers in Hotels Restaurant and Allied Industries-Manila Pavilion Hotel Chapter v. Secretary of Labor and Employment, et al.

  • G.R. No. 182420 - People of the Philippines v. Elsie Barba

  • G.R .No. 182454 - People of the Philippines v. Felix Wasit

  • G.R. No. 182485 - Sps. Henry O and Pacita Cheng v. Sps. Jose Javier and Claudia Dailisan

  • G.R. No. 182567 - Guillermo M. Telmo v. Luciano M. Bustamante

  • G.R. No. 182687 - People of the Philippines v. Warlito Martinez

  • G.R. No. 182941 - Roberto Sierra y Caneda v. People of the Philippines

  • G.R. No. 183105 - Erna Casals, et al. v. Tayud Golf and Country Club, et al..

  • G.R. No. 183819 - People of the Philippines v. Arsenio Cortez y Macalindong a.k.a. "Archie"

  • G.R. No. 184586 - Rafael Flauta, Jr., et al. v. Commission on Elections, et al.

  • G.R. No. 184801 - Jonas Taguiam v. Commission on Election, et al.

  • G.R. No. 184948 - Cong. Glenn A. Chong, Mr. Charles Chong, and Mr. Romeo Arribe v. Hon. Philip L. Dela Cruz, et al.

  • G.R. No. 185035 - Government Service Insurance System v. Salvador A. De Castro

  • G.R. No. 185063 - Sps. Lita De Leon, et al. v. Anita B. De Leon, et al.

  • G.R. No. 185095 - Maria Susan L. Ra ola, et al. v. Spouses Fernando & Ma. Concepcion M. Ra ola

  • G.R. No. 185220 - Laguna Metts Corporation v. Court of Appeals, Aries C. Caalam and Geraldine Esguerra

  • G.R. No. 185389 - People of the Philippines v. Benjie Resurrection

  • G.R. No. 185401 - Henry "June" Due as, Jr. v. House of Representatives Electoral Tribunal and Angelito "Jett" P. Reyes

  • G.R. NO. 186007 and G.R. No. 186016 - Salvador Divinagracia, Jr. v. Commission on Elections and Alex A. Centena

  • G.R. No. 187152 - People of the Philippines v. Teodulo Villanueva, Jr.

  • UDK-14071 - Martin Gibbs Fletcher v. The Director of Bureau of Corrections or his representative

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    G.R. No. 174370 - People of the Philippines v. Willy Mardo Ganoy y Mamayabay

      G.R. No. 174370 - People of the Philippines v. Willy Mardo Ganoy y Mamayabay

    PHILIPPINE SUPREME COURT DECISIONS

    [G.R. NO. 174370 : July 23, 2009]

    PEOPLE OF THE PHILIPPINES, Appellee, v. WILLY MARDO GANOY y MAMAYABAY, Appellant.

    D E C I S I O N

    CARPIO MORALES, J.:

    On appeal is the June 30, 2006 Decision1 of the Court of Appeals in CA-G.R. H.C. - CR No. 01196 which affirmed with modification the August 8, 2003 Decision2 of the Regional Trial Court, Branch 172, Valenzuela City in Criminal Case No. 222-V-02 finding Willy Mardo Ganoy y Mamayabay (appellant) guilty beyond reasonable doubt of rape. The accusatory portion of the Information against appellant reads:

    That on or about March 28, [2002] in Valenzuela City and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, by means of force and intimidation employed upon the person of one [AAA], 17 years old, did then and there wil[l]fully, unlawfully and feloniously have carnal knowledge of said [AAA], 17 years old, thereby subjecting the said minor to sexual abuse which debased, degraded and demeaned her intrinsic worth and dignity as a human being.3

    Gathered from the evidence for the prosecution is the following version:

    In the early morning of March 28, 2002, AAA, then 17 years old and working as a waitress at Manay's Videoke Bar in Ugong, Valenzuela City, served two bottles of beer to appellant who had a year earlier been introduced to her by her boyfriend.4 Since the introduction, however, appellant had made attempts to win her affection. At around 1:30 a.m., AAA boarded a tricycle on her way to a brother's residence at Mapulang Lupa, Valenzuela. About 70 meters away from the videoke bar, appellant flagged down the tricycle and boarded it.

    Asked by appellant where she was going, AAA replied that she was going to meet her brother at his house.5 Upon reaching the house, however, her brother was not around. The two thereupon boarded another tricycle to look for him at the Home Centrum, also in Mapulang Lupa.6

    As tricycles could not enter the Home Centrum, the two alighted from the tricycle and proceeded to the inner area going towards it. On approaching a dimly lighted area, appellant suddenly grabbed AAA and dragged her to a nearby vacant lot. When AAA tried to run, appellant twisted her hands and arms and as she struggled to free herself and shouted for help, the more appellant twisted her hands and pulled her down. Her head hit a stone on the ground which rendered her dizzy. Appellant then held her by the neck, pulled out a knife which he poked at the side of her body, and warned her that "lalagyan ng gripo ang tagiliran ko." Appellant then pulled down her underwear and lifted her skirt and had sexual intercourse with her against her will. He later brought her to a deserted bodega and held her there until daybreak.7

    Upon her release, AAA went directly to the Paso de Blas Police Substation at the Malinta North Luzon Expressway Exit to report that she was raped. Police officers, accompanied by AAA, thus proceeded to the house of appellant where he was arrested.8

    Dr. Winston S. Tan, Medico-Legal Officer of the Crime Laboratory in Camp Crame, Quezon City who examined AAA on the same day, March 28, 2002, concluded in his Medico-Legal Report9 that the "findings are compatible with recent sexual intercourse" based on the following:

    GENERAL AND EXTRAGENITAL:

    PHYSICAL BUILT: Medium built

    MENTAL STATUS: Coherent female subject

    BREAST: Hemispherical in shape with dark brown areola and nipples from which no secretions could be pressed out.

    ABDOMEN: Flat and soft

    PHYSICAL INJURIES: An abrasion is noted at the left costal region, measuring 9 x 2 cm, 14 cm from the posterior midline.

    GENITAL:

    PUBLIC [sic] HAIR: Abundant growth

    LABIA MAJORA: Full, convex and gaping

    LABIA MINORA: Pinkish brown

    HYMEN: Carunculae myrtiformis

    POSTERIOIR [sic] FOURCHETTE: Abraded

    EXTERNAL VAGINAL ORIFICE: Offers slight resistance to the introduction of the examining index finger.

    VAGINAL CANAL: Wide with flattened rugosities.

    CERVIX: Normal in size, color and consistency.

    PERIURETHRAL AND VAGINAL

    SMEARS: POSITIVE for spermatozoa but NEGATIVE for gram-negative diplococci.

    x x x x (Emphasis in the original; underscoring supplied)

    For the defense, appellant and his witnesses Raulito Bato and Amy Bilamera took the witness stand.

    Raulito Bato testified that before 3:00 a.m. of March 28, 2002, while he was sleeping at the warehouse located at Candido Compound, Valenzuela City which also served as the sleeping quarters of his four co-stay-in workers, he was awakened by a noise. He later saw appellant jump over the gate of the warehouse. Fifteen minutes later, he saw a girl whom he recognized as AAA, who used to go to the warehouse once a month, enter the compound. He soon heard AAA asking money from appellant.10

    Amy Bilamera, who was also working at the videoke bar, testified that on March 27, 2002, she saw AAA talking to appellant whom she knew to be AAA's boyfriend, AAA telling appellant that she would go to Bulacan.11 She further testified that before the incident, AAA delivered a child on January 22, 2002 by another man but the child died.12

    Appellant claimed that on March 28, 2002, he went to the videoke bar as instructed by AAA, his girlfriend since May 1998. He left the videoke bar at 2:00 a.m. and proceeded to the warehouse. AAA followed him as she wanted to apologize for their quarrel the night before.13

    Appellant further claimed that he impregnated AAA but she had the child aborted, hence, she needed money to pay for hospital bills. He did not give her money, however, so she left. He then went home where he was arrested at around 6:00 a.m.14

    Finding for AAA, the trial court ratiocinated:

    The claim of the accused that he and the complainant were sweethearts is simply fantastic under the obtaining circumstance of the case. Outside of his assertion that they were sweethearts, there was no evidence adduced by the accused to show such relationship from 1998 to the day he went to the Manay Videoke Bar in the evening of March 28, 2002. No lovenote and no momento [sic] were presented to prove that such romantic relationship existed.

    The conduct of the complainant of reporting the incident to the police right after [s]he was freed by the accused indicates the truthfulness of her claim that she was raped. The finding of the medico[-]legal officer as to the presence of physical injuries on the person or the complainant and the fact that she was tested positive for spermatozoa when she was examined a few hours after the incident corroborate the testimony of the complainant that the accused forcedfully [sic] imposed his sexual gratification on her.ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    Testifying in support of his alibi, the accused was confused and evasive. The accused was less than categorical as to the alleged date when the complainant had an abortion of the child he had with her. This is so because the accused never had a child with the complainant. The accused and Bato who was presented to corroborate the alibi of the accused contradicted each other as to what happened when the accused allegedly arrived at the warehouse that early morning of March 28, 2002. According to the accused, he stayed inside the warehouse immediately upon arrival and had a long conversation with another stay-in worker inside the warehouse although it was already 2:00 o'clock in the morning. This was contradicted by Bato who testified that the accused upon arrival sat on the hood of a truck apparently waiting for the arrival of the complainant who arrived later.15 (Emphasis supplied)cralawlibrary

    By Decision of August 8, 2003,16 the trial court found him guilty as charged, disposing as follows:

    WHEREFORE, judgment is hereby rendered finding accused WILLY MARDO GANOY y MAMAYABAY guilty beyond reasonable doubt and as principal of the crime of rape as defined and penalized under Article 266-A in relation to Article 266-B of the Revised Penal Code and hereby sentences him to suffer the penalty of reclusion perpetua. Further, the accused is sentenced to pay complainant [AAA] the amount of P50,000.00 as moral damages without any subsidiary imprisonment in case of insolvency. Finally, the accused is sentenced to pay the costs of suit.17 (Underscoring in the original)

    This Court to which appellant appealed18 referred the case to the Court of Appeals by Resolution of June 8, 200519 following People v. Mateo.20

    By Decision of June 30, 2006,21 the appellate court affirmed the trial court's decision with modification. Thus it disposed:

    WHEREFORE, premises considered, the court a quo's Decision dated 08 August 2003 is perforce AFFIRMED, with the MODIFICATION that aside from the moral damages awarded to the victim, civil indemnity in the amount of P50,000.00 be likewise awarded in line with the ruling in People v. Calisao, 372 SCRA 25.22 (Emphasis and italics in the original)

    In his Supplemental Brief23 filed before this Court, appellant, describing the testimony of AAA as not "clear, convincing and free from material contradictions," argues that his guilt has not been established beyond reasonable doubt, and that his sweetheart defense should not have been brushed aside as it is credible and corroborated by two witnesses.

    The evaluation of the credibility of witnesses in rape cases is addressed to the sound discretion of the trial judge whose conclusion deserves much weight and respect because he/she has the direct opportunity to observe them on the stand and ascertain if they are telling the truth or not.24

    In brushing aside the defense of appellant, the appellate court held:

    It is an undisputed fact that on the fateful day of 28 March 2002, [AAA] was only 17 years old. Mathematically speaking, if we were made to believe accused-appellant Ganoy's claim that he and [AAA] were sweethearts in 1998, she was only barely thirteen at that time. As to when, where and under what circumstances they came to know each other, were not established by sufficient and competent evidence. In fact, in 2001 [AAA] was still studying at the Doña Remedios Trinidad High School in Angat, Bulacan. She was, therefore, far from Valenzuela and she had not yet met accused-appellant Ganoy until 2001 when she had already stopped schooling. (TSN, pp. 4-5, June 17, 2002). Settled is the rule that allegations are not synonymous to proofs. In the same breath, the accused-appellant Ganoy's claim that on the occasion of the alleged rape, [AAA] was asking money from him to defray the hospitalization bill she incurred a day before due to an abortion, is simply preposterous. It would be the height of absurdity, if the same was true, that [AAA] would be able to report for work and served as a waitress until early morning of that day, if she underwent abortion. Besides, based on the medico-legal findings, there was neither evidence nor report of any unusual abrasions on [AAA]'s internal sexual organs that would prove any recent abortion. On the contrary, the fact that she was raped is conclusively buttressed by the presence of spermatozoa in her vagina.25 (Emphasis and italics in the original; underscoring supplied)

    AAA's credibility gains light from the fact that she lost no time to immediately report the commission of the rape to police authorities.26

    The presence of spermatozoa in complainant's vagina as reflected in the above-quoted Medico-Legal Report of her examination on the same day she claimed to have been raped all the more fortifies the case for AAA.

    In fine, the Court finds that appellant failed to overcome the prosecution evidence showing his guilt beyond reasonable doubt.

    WHEREFORE, the June 30, 2006 Decision of the Court of Appeals in CA-GR H.C. - CR No. 01196 is AFFIRMED.

    SO ORDERED.

    Endnotes:


    * Additional member per Special Order No. 658.

    ** Additional member per Special Order No. 635.

    1 CA rollo, pp. 92-106. Penned by Justice Bienvenido L. Reyes with the concurrence of Justices Regalado E. Maambong and Enrico A. Lanzanas.

    2 Records, pp. 57-62.

    3 Id. at 1.

    4 TSN, June 17, 2002, pp. 9-19.

    5 Id. at 18-19.

    6 TSN, April 11, 2003, p. 20; June 26, 2002, p. 6.

    7 Id. at 18-25.

    8 Id. at 25-27.

    9 Exhibit "B," Folder of Exhibits, p. 2.

    10 TSN, October 28, 2002, pp. 4-16.

    11 TSN, February 7, 2003, pp. 2-5.

    12 Id. at 5. The prosecution presented as Exhibit "D" the Certificate of Death dated January 22, 2002 of a girl who lived only for about 8 hours.

    13 TSN, November 13, 2002, pp. 2-11.

    14 TSN, December 20, 2002, pp. 3-11.

    15 Records, pp. 61-62.

    16 Id. at 57-62.

    17 Id. at 62.

    18 Id. at 64.

    19 CA rollo, p. 47.

    20 G.R. NOS. 147678-87, July 7, 2004, 433 SCRA 640. The case modified the pertinent provisions of the Revised Rules on Criminal Procedure, more particularly Section 3 and Section 10 of Rule 122, Section 13 of Rule 124, Section 3 of Rule 125 insofar as they provide for direct appeals from the Regional Trial Courts to the Supreme Court in cases where the penalty imposed is death, reclusion perpetuaor life imprisonment and allowed intermediate review by the Court of Appeals before such cases are elevated to the Supreme Court.

    21 CA rollo, pp. 92-106.

    22 Id. at 105.

    23 Rollo, pp. 25-29.

    24 People v. Ramos, G.R. No. 172470, April 8, 2008, 550 SCRA 656, 658.

    25 CA rollo, pp. 103-104.

    26 Vide People v. Durano, G.R. No. 175316, March 28, 2007, 519 SCRA 466, 481; People v. Molleda, 462 Phil. 461, 469 (2003); People v. Velasquez, 399 Phil. 506, 522 (2000); People v. Sapinoso, 385 Phil. 382, 387 (2000); People v. Dela Torre, 339 Phil. 1, 15 (1997); People v. Jaca, G.R. No. 104628, January 18, 1994, 229 SCRA 332, 337; People v. Grefiel, G.R. No. 77228, November 13, 1992, 215 SCRA 596, 609.

    G.R. No. 174370 - People of the Philippines v. Willy Mardo Ganoy y Mamayabay


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