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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2009 Jurisprudence                 

  • A.C. No. 6672 - Pedro L. Linsangan v. Atty. Nicodemes Tolentino

  • A.C. No. 5955 - John Christen S. Hegna v. Atty. Goering G.C. Paderanga

  • A.C. No. 7297 - Imdelda Bides-Ulaso v. Atty. Edita Noe-Lacsamana

  • A.C. No. 7435 - Rey C. Sarmiento, et al. v. Atty. Edelson G. Oliva

  • A.C. No. 7547 - Gregory U. chan v. NLRC Commissioner Romeo L. Go, et al.

  • A.C. No. 7910 - Wen Ming W. Chen a.k.a. Domingo Tan v. Atty. F.D. Nicolas B. Pichay

  • A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy

  • A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

  • A.M. No. 2009-04-SC - Complaint of Atty. Wilhelmina D. Geronga againts Mr. Ross C. Romero, driver, shuttle bus no. 5 for reckless driving

  • A.M. No. CTA-05-2 - Office of the Court Administrator v. Concepcion G. Espineda, etc.

  • A.M. No. MTJ-06-1623 Formerly OCA IPI No. 04-1635-MTJ, A.M. NO. MTJ-06-1624 Formerly OCA IPI No. 04-1636-MTJ, A.M. NO. MTJ-06-1625 Formerly OCA IPI No. 04-1630-MTJ, A.M. NO. MTJ-06-1627 Formerly OCA IPI No. 04-1661-MTJ, A.M. NO. P-09-2693 Formerly OCA IPI

  • A.M. No. P-05-2046 Formerly No. 05-6-159-MCTC - Office of the Court Administrator v. Clerk of Court Fe P. Ganzan, MCTC, Jasaan, Misamis Oriental

  • A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga City

  • A.M. No. P-07-2332 Formerly OCA I.P.I No. 07-2511-P - Dr. Salome U. Jorge v. Carlos P. Diaz, Deputy Sheriff, RTC, Branch 20, Tacurong, Sultan Kudarat

  • A.M. No. P-08-2433 Formerly OCA IPI No. 07-2667-P - Judge Jenny Lind Aldecia-Delorino v. Marilyn De Castro Remigio-Versosa, Clerk III, Regional Trial Court, Branch 137, Makati City

  • A.M. No. P-08-2570 Formerly A.M. OCA IPI No. 07-2547-P - Leticia Sales v. Arnel Jose A. Rubio, Sheriff IV, RTC, OCC, Naga City

  • A.M. No. P-09-2685 OCA-IPI No. 08-2839-P - P/Supt. Rene Macaling Orbe v. Marcos U. Digandang, Process Server, Regional Trial Court, Branch 14, Cotabato City

  • A.M. No. RTJ-01-1650 Formerly OCA IPI No. 01-1195-RTJ - Margie Corpus Macias v. Mariano v. Mariano Joaquin S. Macias, Presiding Judge, Branh 28, Regional Trial Court, Liloy, Zamboanga del Norte

  • A.M. No. RTJ-07-2089 Formerly OCA I.P.I. No. 07-2659-RTJ and A.M. NO. RTJ-0921-99 Formerly OCA I.P.I. No. 07-2698-RTJ- Land Bank of the Philippines v. Judge Ernesto P. Pagayatan

  • G.R. No. 132826 - Rolando Saa v. Integrated Bar of the Philippines, Commissoion on Bar Discipline, Board of Governors, Pasig City and Atty. Freddie A. Venida

  • G.R. NOS. 140743 & 140745 and G.R. NOS. 141451-52 - City Government of Tagaytay v. Hon. Eleuterio F. Guerrero, etc. et al.

  • G.R. No. 146534 - Spouses Hu Chuan Hai and Leonica Lim Hu v. Spouses Renato Unico and Maria Aurora J. Unico

  • G.R. NOS. 147026-27 - Carolina R. Javier v. Sandiganbayan, et al.

  • G.R. No. 148444 - Associated Bank (now United Overseas Bank [Phils.]) v. Spouses Rafael and Monaliza Pronstroller/Spouses Eduardo and Ma. Pilar Vaca (Intervenors)

  • G.R. No. 149588 - Francisco R. Llamas, et al. v. The Honorable Court of Appeals, et al.

  • G.R. No. 150664 - Vicente Dacanay, in his capacity as administrator of the Testate Estate of Tereso D. Fernandez v. Hon. Raphael Prastora Sr., etc., et al.

  • G.R. No. 151969 - Valle Verde Country Club, Inc., et al. v. Victor Africa

  • G.R. No. 152101 - Emcor, Incorporated v. Ma. Lourdes D. Sienes

  • G.R. No. 152614 - Salvador A. Fernandez v. Cristina D. Amagna

  • G.R. No. 154720 - Juan Balbuena and Teodulfo Retuya v. Leona Aparicio Sabay, et al.

  • G.R. No. 156164 - Sps. Leonardo and Milagros Chua v. Hon. Jacinto G. Ang, et al.

  • G.R. No. 157901 - Orix Metro Leasing and Finance Corporation v. M/V "PILAR-I" and Spouses Ernesto Dy and Lourdes Dy

  • G.R. No. 157952 - Jowett K. Golango v. Jone B. Fung

  • G.R. No. 158630 and G.R. No. 162047 - Joyce Y. Lim, represented by her attorney-in-fact Bernardo M. Nicolas

  • G.R. No. 159116 - Sps. Nestor and Felicidad Dadizon v. Hon. Court of Appeals and Sps. Dominador and Elsa Mocorro

  • G.R. No. 159710 - Carmen A. Blas v. Spouses Eduardo and Salud Galapon

  • G.R. No. 161902 - Edgar Mercado v. People of the Philippines

  • G.R. No. 162104 - R Transport Corporation v. Eduardo Pante

  • G.R. No. 163270 - Eduardo M. Tomada, Sr. v. RFM Corporation-Bakery Flour Division, et al.

  • G.R. No. 164104 - Philippine National Bank v. Gregorio B. Maraya, Jr. and Wenefrida Maraya

  • G.R. No. 164205 - Oldarico S. Trave o, et al. v. Bobongon Banana Growers Multi-Purpose Cooperative, et al.

  • G.R. No. 164435 - Victoria S. Jarillo v. People of the Philippines

  • G.R. No. 164549 - Philippine National Bank v. Spouses Agustin and Pilar Rocamora

  • G.R. No. 164815 - Sr. Inspector Jerry Valeroso v. Court of Appeals and People of the Philippines

  • G.R. No. 165141 - Peregina Mistica v. Republic of the Philippines

  • G.R. No. 166516 - Emma Ver Reyes and Ramon Reyes v. The Register of Deeds of Cavite, et al.

  • G.R. No. 166857 - D.M. Wenceslao & Associates, inc. v. Freyssinet Philippines, Inc.

  • G.R. No. 167330 - Philippine Health Providers, Inc. v. Commissioner of Internal Revenue

  • G.R. No. 167569, G.R. No. 167570 & G.R. No. 171946 - Carlos T. Go., Sr., v. Luis T. Ramos

  • G.R. No. 167955 Formerly G.R. No. 151275 - People of the Philippines v. Armando Padilla y Nicolas

  • G.R. No. 167995 - Julita V. Imuan, et al. v. Juanito Cereno, et al.

  • G.R. No. 168151 - Regional Container Lines (RCL) of Singapore and Shipping Agency v. The Netherlands Insurance Co. (Philippines) Inc.

  • G.R. No. 168446 Formerly G.R. NOS. 144174-75 - People of the Philippines v. Ernesto Cruz, Jr. y Concepcion, et al.

  • G.R. No. 168927 - Arsenio F. Quevedo, et al. v. Benguet Electric Cooperative Incorporated, et al.

  • G.R. No. 169228 - The Alexandra Condominium Corporation v. Laguna Lake Development Authority

  • G.R. No. 169364 - People of the Philippines v. Evangeline Siton y sacil, et al.

  • G.R. No. 169641 - People of the Philippines v. Richard O. Sarcia

  • G.R. No. 169889 - Spouses Simon Yap and Milagros Guevarra v. First e-Bank, Inc.

  • G.R. No. 169919 - B.D. Long Span Builders, Inc. v. R.S. Ampeloquio Realty Development Inc.

  • G.R. No. 169940 - Univeristy of Santo Tomas v. Samahang Manggagawa ng UST (SM-UST)

  • G.R. No. 170072 - Joaquin P. Obieta v. Edward Cheok

  • G.R. No. 170342 - Allan Dizon v. People of the Philippines

  • G.R. No. 170482 - Manila Electric Company v. Aguida Vda. De Santiago

  • G.R. No. 171018 - People of the Philippines v. Elly Naelga

  • G.R. No. 171260 - Amparo Robles Cabreza v. Ceferino S. Cabreza Jr., et al.

  • G.R .No. 171491 - Dr. Castor C. De Jesus v. Rafel D. Guerrero III, Cesario R. Pagdilao and Fortuna B. Aquino

  • G.R. No. 171681 - Kei Marie and Bianca Angelica both surnamed Abrera, minors, represented by their parents Evelyn C. Abrera, et al. v. Hon. Romeo F. Barza, in his capacity as Presiding Judge of Regional Trial Court, Branch 61, Makati City and College Assu

  • G.R. No. 171984 - Bandila Maritime Services, Inc. and/or Tokomaru Kaiun Co., Ltd. v. Rolando Dubduban

  • G.R. No. 172217 - Spouses Lydia Flores-Cruz, et al. v. Spouses Leonardo and Iluminada Goli-Cruz, et al.

  • G.R. No. 172447 & G.R. No. 179404 - Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc. v. Nataniel B. Juane/Nataniel B. Juane v. Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc.

  • G.R. No. 174116 - Eastern Shipping Lines, Inc. v. Prudential Guarantee and Assurance, Inc.

  • G.R. No. 175064 - Province of Camarines Sur, represented by Governor Luis Raymund F. Villafuerte, Jr. v. Hon. Court of Appeals and City of Naga, represented by Mayor Jesse M. Robredo

  • G.R. No. 175172 - Cresencia Achevara, Alfredo Achevara and Benigno Valdez v. Elvira Ramos, John Arnel Ramos and Kristine Camille Ramos

  • G.R. No. 175528 - PO3 Benito Sombilon, Jr. v. People of the Philippines

  • G.R. No. 175490 - Ileana Dr. Macalino v. Bank of the Philippines Islands

  • G.R. No. 176014 - Alice Vitangcol and Norberto Vitangcol v. New Vista Properties, Inc., et al.

  • G.R. No. 176040 - Casa Cebuana Incoporada, et al. v. Ireneo P. Leuterio

  • G.R. No. 176364 - Juanito R. Rimando v. Commission on Elections and Norma O. Magno

  • G.R. No. 176546 - Felicitas P. Ong v. The People of the Philippines

  • G.R. No. 176700 - Romero Montederamos v. Tri-Union International Corporation

  • G.R. No. 177056 - The Office of the Solicitor General v. Ayala Land Incorporated, et al.

  • G.R. No. 177066 - Joselito Musni Puno (as heir of the late Carlos Puno) v. Puno Enterprises, Inc., represented by Jesusa Puno

  • G.R. No. 177456 - Bank of the Philippine Isalands v. Domingo R. Dando

  • G.R. No. 177531 - Civil Service Commission v. Fatima A. Macud

  • G.R. No. 177705 - Kimberly-Clark Philippines, Inc. v. Nora Dimayuga, et al.

  • G.R. No. 177753 - People of the Philippines v. Benjamin Ocampo

  • G.R. No. 177836 - Edwino A. Torres (deceased), represented and substitute by Alfonso P. Torres III, et al.

  • G.R. NOS. 177857-58, G.R. NO. 178193 and G.R. NO. 180705 - Philippine Coconut Producers Federation, Inc. (COCOFED), Manuel V. Del Rosario, Domingo P. Espina, et al. v. Republic of the Philippines

  • G.R. No. 178034, G.R. No. 178117 and G.R. NOS. 186984-85 - Andrew Jame Mcburne v. Eulalio Ganzon, et al.

  • G.R. No. 178485 - People of the Philippines v. Mariano Sapigao, Jr.

  • G.R. No. 178529 - Equitable PCI Bank, Inc (now known as Banco De Oro-EPCI, Inc.) v. Heirs of Antonio C. Tiu, et al.

  • G.R. No. 178543 - People of the Philippines v. Aristo Villanueva

  • G.R. No. 178933 - Recardo S. Silverio, Jr. v. Court of Appeals and Nelia S. Silverio-Dee

  • G.R. No. 179103 and G.R. NO. 180209 - National Power Corporation v. Premier Shipping Lines, Inc.

  • G.R. No. 179213 - People of the Philippines v. Nicolas Gutierrez y Licunan

  • G.R. No. 179313 - Makil U. Pundaodaya v. Commission on Elections, et al.

  • G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines

  • G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca

  • G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio

  • G.R. No. 179583 - Jimmy L. Barnes a.k.a. James Barnes v. Teresita C. Reyes, et al.

  • G.R. No. 179799 - Zenaida R. Gregorio v. Court of Appeals, et al.

  • G.R. No. 179862 - Land Bank of the Philippines v. Heirs of Asuncion Anonuevo Vda. Santos, et al.

  • G.R. No. 179944 - People of the Philippines v. Antonio Ortiz, et al.

  • G.R. No. 179985 - Pdilon L. Martinez v. B&B Fish Broker and/or Norberto M. Lucinario

  • G.R. No. 180274 - Virgilio C. Crystal and Glynna F. Cystal v. Bank of the Philippines Islands

  • G.R. No. 180453 - Republic of the Philippines v. Dante C. Abril, represented by his Attorney-in-fact, Manuel C. Blaco, Jr.

  • G.R. No. 180478-79 - The Heritage Hotel of Manila v. National Labor Relations Commission, Rufino C. Ra on II, and Ismael C. Villa

  • G.R. No. 180508 - People of the Philippines v. Antonio v. Antonio Ramos y Viray

  • G.R. No. 180693 - Bonifacio Dolera y Tejada v. People of the Philippines

  • G.R. No. 180863 - Angelita Valdez v. Republic of the Philippines

  • G.R. NOS. 180880-81 and G.R. NOS. 180896-97 - Keppel Cebu Shipyard, Inc. v. Pioneer Insurance and Surety Corporation

  • G.R. No. 180888 - Rolando Placido and Edgardo Caragay v. National Labor Relations Commission and Philippine Long Distance Telephone Company, Incorporated

  • G.R. No. 180992 - Elmer Diamante y Sioson, et al. v. People of the Philippines

  • G.R. No. 181081 - People of the Philippines v. Roldan Arcosiba alias "Entoy"

  • G.R. No. 181300 - Malayan Insurance Co., Inc. v. Jardine Davies Transport Services, Inc. and Asian Terminals, Inc.

  • G.R. No. 181303 - Carmen Danao Malana, et al. v. Benigno Tappa, et al.

  • G.R. No. 181503 - Bio Quest Marketing Inc. and/or Jose L. Co v. Edmund Rey

  • G.R. No. 181613 - Rosalinda A. Penera v. Commission on Elections and Edgar T. Andanar

  • G.R. No. 181629 - People of the Philippines v. Elizardo Cabiles alias "SARDO"

  • G.R. NOS. 181999 & G.R. No. 182001-04 and G.R. NOS. 182020-24 - Ofelia Caunan v. People of the Philippines, et al.

  • G.R. No. 182185 - Joaquin Ga, Jr., et al. v. Spouses Antonio Tabungan, et al.

  • G.R. No. 182320 - Tacloban Far East Marketing Corporation, et al. v. The Court of Appeals, et al.

  • G.R. No. 183088 - People of the Philippines v. Donato Capco y Sabadlab

  • G.R. No. 183141 - Edgardo H. Catindig v. People of the Philippines, et al.

  • G.R. No. 183142 - Rosita A. Montanez v. Provincial Agrarian Reform Adjudicator (PARAD), et al.

  • G.R. No. 183387 - Simeon M. Valdez v. Financiera Manila Inc.

  • G.R. No. 183457 - People of the Philippines v. Roel Arbalate, et al.

  • G.R. No. 183546 - Wilson A. Go v. Harry A. Go

  • G.R. No. 183646 - Great Southern Maritime Services Corp., et al. v. Leonila Surigao, et al.

  • G.R. No. 183656 - Gilbert Zalameda v. People of the Philippines

  • G.R. No. 183802 - Alexander Tam Wong v. Catherine Factor-Koyoma

  • G.R. No. 183965 - Joanie Surposa Uy v. Jose Ngo Chua

  • G.R. No. 184037 - Antonio Lopez y Dela Cruz v. People of the Philippines

  • G.R. No. 184225 - Spouses Rogelio F. Lopez and Teotima G. Lopez v. Samuel R. Espinosa and Angelita S. Espinosa

  • G.R. No. 184252 - China Banking Corporation v. Sps. Wenceslao & Marcelina Martir

  • G.R. No. 184268 - Ernesto Batalla v. Commission on Elections and teodoro Bataller

  • G.R. No. 184285 - Rodolfo "Rudy" Canlas, et al. v. Iluminada Tubil

  • G.R. No. 184735 - Miriam B. Elleccion vda. De Lecciones v. National Labor Relations Commission, et al.

  • G.R. No. 184958 - People of the Philippines v. Anthony C. Domingo and Gerry Domingo

  • G.R. No. 185001 - Ronnie H. Lumayna, et al. v. Commission on Audit

  • G.R. No. 185203 - People of the Philippines v. Domingo Araojo

  • G.R. No. 186138 - People of the Philippines v. Loreto Daria y Cruz

  • G.R. No. 186497 - People of the Philippines v. Hasanaddin Guira y Bansil

  • G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela

  • G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada

  • G.R. No. 187503 - People of the Philippines v. Tecson Lim y Chua and Maximo Flores y Viterbo

  • G.R. No. 188456 - Harry L. Roque, et al. v. Commission on Election, et al.

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    G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela

      G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. NO. 187043 : September 18, 2009]

    PEOPLE OF THE PHILIPPINES, Appellee, v. LORENZO OLIVA y ROSELA, Appellant.

    R E S O L U T I O N

    NACHURA, J.:

    Lorenzo Oliva appeals from the Court of Appeals (CA) Decision1 dated April 21, 2008 in CA-G.R. CR No. HC-02102, affirming his conviction of rape but modifying the amount of damages.

    The records disclose the following facts:

    Sometime in March 2003, at about 3:00 o'clock in the afternoon, appellant Lorenzo Oliva asked his 11-year-old daughter, "M," to go with him to the farm of Naty Astor. When they arrived at the place, he ordered her to undress. She obeyed the order because she was afraid of him and he had a bolo, about 16 inches long, which he brandished near her head. After removing her short pants and panty, appellant mounted her and inserted his penis into her vagina. It was painful and she cried. About 15 minutes later, he told her to dress up and then she went home. Two of her siblings were home when she arrived, while her mother was washing clothes in the river about 100 meters away. She did not tell any of them about the incident because she feared her father might kill them.

    The incident was repeated on September 9, 2003. At about 3:00 o'clock in the morning of that day, appellant awakened "M." She noticed that her shorts and panty were missing. Her sister was sleeping beside her, but appellant pulled her towards the door. Near the door, appellant went on top of her and inserted his penis into her vagina while covering her mouth to silence her. It was then that her mother saw them. "M" was so afraid, and she sat on the stairs while she put on her panty and her shorts. Her mother, who was visibly upset, asked appellant what he was doing but he simply ignored her. Her mother reported the incident to the police authorities. Thereafter, they went to the residence of M's Lola Naty Astor to see a doctor.

    Dr. Nena L. Cruz, Municipal Health Officer of Sipocot, Camarines Sur, examined "M" on September 1, 2003. Dr. Cruz found old healed hymenal lacerations at the 4 o'clock and 9 o'clock positions in the victim's vagina. She further noted that the victim did not exhibit pain upon insertion of one finger; but, with two fingers, there was a slight resistance.

    Appellant was charged with two counts of rape under the following Informations:

    CRIMINAL CASE NO. L-3821

    That on or about 3:00 o'clock in the morning of September 9, 2003 while the private offended party was sleeping inside their house at B[rg]y. Malaguico, Municipality of Sipocot, Province of Camarines Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused with lewd designs, did then and there willfully, unlawfully and feloniously succeed in having carnal knowledge with his own daughter, "M," a 12-year-old minor taking advantage of his moral ascendancy over the latter against her will and without her consent to her damage and prejudice in such amount as may be awarded by the Honorable Court.

    ACTS CONTRARY TO LAW.2

    CRIMINAL CASE NO. L-3822

    That sometime [i]n March 2003 in a forested and grassy land owned by Mrs. Naty Astor at B[r]gy. Malaguico, Municipality of Sipocot, Province of Camarines Sur, Philippines while accompanied by the above-named accused to gather firewood, and within the jurisdiction of this Honorable Court, the above-named accused with lewd [design], did then and there willfully, unlawfully [and feloniously succeed in having carnal knowledge] with his own daughter, "M," an 11-year-old minor taking advantage of his moral ascendancy over the latter against her will and without her consent to her damage and prejudice in such amount as may be awarded by the Honorable Court.

    ACTS CONTRARY TO LAW.3

    When arraigned, appellant pleaded not guilty to the two charges.

    During the pretrial, appellant admitted that he is the biological father of "M" and that she was a minor at the time the incidents happened.

    The victim's birth certificate shows that she was born on May 9, 1991. Thus, she was only 11 years and 9 months old when the first incident happened; and 12 years and four months old at the time of the second one.

    Appellant belied the testimony of "M." He claimed that his wife told him that "M" was molested in the river by her uncle Benjamin, his wife's half-brother. At one time, "M" went with appellant to the farm, and there he asked her if she had been raped by her uncle. When she did not answer, he told her to undress and to lie down. While she was lying down, he examined her vagina and saw that the opening was already big, so he determined that she had sexual intercourse with her uncle. To further determine if she was no longer a virgin, he took a coconut leaf, measured her neck with it, placed it around her head, and let it slide down. When the coconut leaf slid down, he concluded that she was no longer a virgin. As to the incident of September 9, 2003, he said that he was asleep at about 3:00 o'clock in the morning because he was drunk then.

    The Regional Trial Court (RTC) found appellant guilty beyond reasonable doubt of two counts of rape, thus:

    WHEREFORE, the prosecution having proved the guilt of accused beyond reasonable doubt, this court hereby finds LORENZO OLIVA y ROSELA, GUILTY in Criminal Case No. L-3821 and L-3822 of the crime of Rape defined and penalized under Article 266 A(1)(a) and Article 266 B(1) and Article 266 A(1)(d) and [Article] 266 B(1) respectively, and is hereby sentenced to suffer the supreme penalty of Death in each case, and in line with recent jurisprudence, to indemnify the victim [M] the sum of One Hundred Fifty Thousand Pesos (P150,000.00) as civil indemnity in these two cases and the further sum of Seventy [F]ive Thousand Pesos (P75,000.00) as moral damages, and to serve as a deterrent to fathers in sexually abusing their own flesh, this court also awards the amount of Twenty Five Thousand Pesos (P25,000.00) as exemplary damages and to pay the costs of the suit.

    SO ORDERED.4

    The CA affirmed the RTC Decision with the following modifications: the penalty was reduced to reclusion perpetua for each offense, in view of Republic Act No. 9346, which prohibits the imposition of the death penalty; civil indemnity and moral damages were reduced to P100,000.00, each; and exemplary damages to P50,000.00.5

    On appeal to this Court, both the Office of the Solicitor General and appellant manifested that they would no longer file supplemental briefs.

    The appeal has no merit.

    The Court sustains the decision of the trial court, as affirmed by the CA, finding appellant guilty beyond reasonable doubt of two counts of rape. The legal aphorism is that factual findings of the trial court, its calibration of the testimonies of the witnesses, and its assessment of their probative weight are given great respect if not conclusive effect, unless it ignored, misconstrued, misunderstood, or misinterpreted cogent facts and circumstances of substance which, if considered, would alter the outcome of the case.6 ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    The victim's narration of the ordeal that she suffered at the hands of her own father was straightforward and categorical; hence, it must be given full faith and credit. Further, courts usually give credence to the testimony of a girl who is a victim of sexual assault particularly if it constitutes incestuous rape because, normally, no person would be willing to undergo the humiliation of a public trial and to testify on the details of her ordeal were it not to condemn an injustice. Needless to say, it is settled jurisprudence that testimonies of child victims are given full weight and credit, because when a woman, more so if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape was committed. Youth and immaturity are generally badges of truth and sincerity.7

    To the contrary, appellant's explanation that he was just trying to confirm if "M" was still a virgin when he asked her to lie down and "examined" her vagina is too inane to be believed.

    In an attempt to discredit the victim's testimony, appellant points out certain discrepancies in her testimony, such as the exact time they went to the farm of Naty Astor. Such discrepancy is trifling. The gravamen of rape is carnal knowledge of a woman under any of the circumstances provided by law.8 Thus, the precise time when the rape took place has no substantial bearing on its commission. As such, the date or time need not be stated with absolute accuracy.9

    The victim cannot be expected to store methodically in her memory the sordid details of a rape incident and, when called to testify in court, give a completely detailed and accurate account of the harrowing experience she suffered. Thus, minor inconsistencies in the narration are generally given liberal appreciation by the trial court.

    As to the second incident, appellant simply averred that he was asleep at that time. Such defense fails in light of the categorical testimony of the victim. Mere denial, if unsubstantiated by clear and convincing evidence, has no weight in law and cannot be given greater evidentiary value than the positive testimony of a rape victim.10

    The imposition of the penalty of death, which was reduced to reclusion perpetua in view of Republic Act No. 9346, was proper considering that the qualifying circumstance of minority and relationship had been duly established. The Court, however, modifies the award of damages in light of more recent jurisprudence increasing the amount of civil indemnity to P75,000.00, moral damages to P75,000.00,11 and exemplary damages to P30,000.0012 to deter other persons with perverse or aberrant sexual behavior from sexually abusing their children.

    WHEREFORE, the Court of Appeals Decision dated April 21, 2008, finding appellant Lorenzo Oliva guilty beyond reasonable doubt of two counts of qualified rape and sentencing him to suffer the penalty of reclusion perpetua for each count is AFFIRMED WITH MODIFICATIONS. Appellant is ordered to pay P150,000.00 as civil indemnity, P150,000.00 as moral damages, and P60,000.00 as exemplary damages.

    SO ORDERED.

    Endnotes:


    1 Penned by Associate Justice Monina Arevalo-Zenarosa, with Associate Justices Edgardo F. Sundiam and Sixto C. Marella, Jr., concurring; rollo, pp. 2-21.

    2 Id. at 3.

    3 Id.

    4 CA rollo, p. 46.

    5 Rollo, p. 20.

    6 People v. Alabado, G.R. No. 176267, September 3, 2007, 532 SCRA 189, 206.

    7 People v. de Guzman, 423 Phil. 313, 331 (2001).

    8 People v. Rafon, G.R. No. 169059, September 5, 2007, 532 SCRA 370, 380.

    9 People v. Domingo, G.R. No. 177744, November 23, 2007, 538 SCRA 733, 737-738.

    10 People v. Lizano, G.R. No. 174470, April 27, 2007, 522 SCRA 803, 811.

    11 People of the Philippines v. Lilio U. Achas, G.R. No. 185712, August 4, 2009.

    12 Id.; People of the Philippines v. Adelado Anguac y Ragadao, G.R. No. 176744, June 5, 2009.

    G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela


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