Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2010 > November 2010 Decisions > G.R. No. 185616 : November 24, 2010 THE PEOPLE OF THE PHILIPPINES, Appellee, v. ARNEL MACAFE y NABONG, Appellant.:




THIRD DIVISION

G.R. No. 185616 : November 24, 2010

THE PEOPLE OF THE PHILIPPINES, Appellee, v. ARNEL MACAFE y NABONG, Appellant.

D E C I S I O N

BRION, J.:

This is an appeal from the decision,cralaw1 dated May 26, 2008, of the Court of Appeals (CA) in CA-G.R. CR-HC No. 00277, affirming with modification the March 10, 1999 decision of the Regional Trial Court (RTC), Branch 16, Zamboanga City. The RTC decisioncralaw2 found appellant Arnel Macafe y Nabong guilty beyond reasonable doubt of three (3) counts of rape and meted him the death penalty for each count.

BACKGROUND FACTS

The records show that AAAcralaw3 is the daughter of BBB and CCC. After CCC died, BBB married the appellant in 1994; they lived together in Parang, Marikina together with BBB's children from her first marriage.cralaw4 In August 1995, the appellant and BBB, together with AAA and her sister, DDD, went to Zamboanga City and stayed at the house of BBB's older brother, EEE. BBB's three other children were already in Zamboanga City at that time.cralaw5 In May 1996, BBB went to Israel to work as a caregiver; she left her five children under the appellant's care.

1st rape

At around 10:00 a.m. of September 10, 1997, AAA was sitting alone on the sofa located at the sala of EEE's house, when the appellant approached her and told her to lie down. When AAA did as ordered, the appellant pulled down her shorts and panty. AAA resisted but the appellant succeeded in removing them. The appellant spread AAA's legs apart, and went on top of her. The appellant removed his shorts and briefs, and inserted his penis in AAA's private parts. AAA felt pain in her private parts. She tried to push the appellant but was unsuccessful. Afterwards, she felt a warm sticky substance coming from the appellant's penis. The appellant told her to wash her private parts in the bathroom. Thereafter, the appellant left. AAA saw blood in her private parts when she washed them.cralaw6

2nd rape

On September 15, 1997, the appellant instructed AAA not to attend her classes so that he will have a companion in the house. At around 11:00 a.m., AAA was at the balcony of the house when the appellant ordered her to go to the bodega. When AAA arrived at the bodega, the appellant told her to lie down on the blanket on the floor. When AAA did as ordered, the appellant removed her shorts and panty. AAA resisted, but the appellant tied her both hands with a shoelace. Afterwards, the appellant spread AAA's legs apart. The appellant then removed his shorts and briefs, went on top of AAA, and inserted his penis in her vagina. AAA felt pain in her private parts. Thereafter, she noticed blood and a sticky substance coming out of her vagina.cralaw7

3rd rape

On September 18, 1997, the appellant told AAA not to go to school. AAA followed the appellant's order because she was afraid that he would whip her if she disobeyed. In the afternoon and while AAA was sitting at the balcony, the appellant ordered AAA to go to the bodega. AAA went there as instructed, and on her arrival, the appellant ordered her to lie down on the blanket on the floor. AAA refused, but the appellant slapped her. When AAA laid on the blanket, the appellant removed her shorts and panty, and then spread her legs apart. The appellant then removed his pants and briefs, went on top of AAA, and inserted his penis in her vagina. AAA felt pain in her private parts; she also felt 'something warm' coming from the appellant's penis. She noticed blood coming from her vagina when she washed it afterwards.cralaw8

On all three (3) occasions, the appellant threatened to kill AAA if she revealed the incident to anyone.cralaw9

The records likewise reveal that on September 30, 1997, the appellant whipped AAA on the different parts of her body because she came home late.cralaw10 AAA reported the whipping incident to her teacher, Grace Alvarez. When Grace saw the contusions on AAA's body, she advised AAA to leave their house; she also referred the matter to Esteban 'Steve' Pasol, Jr., the father of one of AAA's classmates.cralaw11 AAA told Esteban that she ran away from home because the appellant whipped her. Esteban reported the incident to a barangay official and to the ABS CBN radio station. On the next day, AAA was interviewed by an ABS CBN radio personnel. Esteban, thereafter, brought AAA to the Department of Social Welfare and Development and then to the Zamboanga Medical Center for a medical examination.cralaw12

On November 13, 1997, AAA revealed to Grace that she had been raped, although she did not immediately name her rapist. AAA disclosed the rape because she 'could not take it anymore'; and because she learned that the appellant also raped her younger sister.cralaw13 Grace called AAA's grandparents, and requested them to go to the school. On their arrival, AAA told them that she had been raped by the appellant.cralaw14 Immediately after, they brought AAA to the Zamboanga Medical Center.cralaw15

Dr. Ma. Regina Bucoy Vasquez, the resident physician of the Zamboanga Medical Center, conducted a physical examination on AAA on November 14, 1997,cralaw16 and saw incomplete and healed multiple lacerations in her hymen. According to Dr. Vasquez, the multiple lacerations on AAA's private parts imply that she has had previous sexual contacts.cralaw17

AAA was brought to the Tetuan Police Station, where she gave her statement to the police.cralaw18 Thereafter, the prosecution filed three (3) complaints for rape, before the RTC, against the appellant, docketed as Criminal Case Nos. 15124-26.cralaw19

The appellant denied the allegations against him, and claimed that AAA's aunt, FFF, merely instigated AAA to say that she had been raped by him. He explained that FFF was mad at him for his failure to give the money sent by BBB for her (FFF). The appellant further added that FFF wanted to put him in jail so that she (FFF) would manage the money BBB sent. The appellant admitted that he whipped AAA on September 30, 1997 because she came home late.cralaw20

THE RTC RULING

The RTC convicted the appellant of three (3) counts of rape under Article 335 of the Revised Penal Code, and sentenced him to suffer the death penalty for each count. The RTC also ordered the appellant to pay the victim P50,000.00, as civil indemnity, and P25,000.00, as exemplary damages, for each count of rape.

The RTC found AAA's testimony to be clear, straightforward, credible, convincing, and free from any contradiction. It, likewise, found no ill motive on AAA's part to falsely testify against her own stepfather. Furthermore, AAA's testimony was supported by the medical findings of Dr. Vasquez, who found incomplete healed lacerations on the victim's hymen.

The RTC also held that AAA's one (1) month delay in reporting the rapes did not impair her credibility. The RTC explained that it is not uncommon for young girls to conceal the assaults on their virtue due to the threats on their lives, more so when the rapist is the victim's own stepfather living with her. The RTC finally ruled that the appellant's denial was not supported by any other evidence.

THE CA DECISION

The CA, in its decision dated May 26, 2008, affirmed the RTC decision with the modification that the death penalty be reduced to reclusion perpetua for each count of rape, as the complaints failed to allege the appellant's relationship to the victim. The CA also ordered the appellant to further pay the victim P50,000.00, as moral damages, for each count.

The CA found AAA's testimony credible and convincing, more so since it was supported by the medical findings of Dr. Vasquez. The CA also disregarded the appellant's denial and imputation of ill-motive on the part of FFF, for lack of evidence to support these defenses.

THE ISSUE

In his brief, the appellant maintains that the prosecution failed to prove his guilt beyond reasonable doubt. He claims that AAA was not a credible witness, and avers that she was merely influenced by FFF to make false accusations against him.

THE COURT'S RULING

After due consideration, we dismiss the appeal but increase the awarded exemplary damages from P25,000.00 to P30,000.00 for each count of rape.

Sufficiency of Prosecution Evidence

Rape is defined and penalized under Article 335cralaw21 of the Revised Penal Code, as amended, which provides:chanrobles virtual law library

ARTICLE 335. When and how rape is committed. ' Rape is committed by having carnal knowledge of a woman under any of the following circumstances.

1. By using force or intimidation;chanroblesvirtualawlibrary

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

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

The crime of rape shall be punished by reclusion perpetua.

Rape under paragraph 3 of this article is termed statutory rape as it departs from the usual modes of committing rape. What the law punishes in statutory rape is carnal knowledge of a woman below twelve years old. Hence, force and intimidation are immaterial; the only subject of inquiry is the age of the woman and whether carnal knowledge took place. The law presumes that the victim does not and cannot have a will of her own on account of her tender years; the child's consent is immaterial because of her presumed incapacity to discern evil from good.cralaw22

In her testimony, AAA positively identified the appellant as the one who raped her on three occasions, namely, September 10, 1997, September 15, 1997, and September 18, 1997. Her testimonies were clear and straightforward; she was consistent in her recollection of the details of her defloration. In addition, her testimonies were corroborated by the medical findings of Dr. Vasquez.

This Court has held time and again that testimonies of rape victims who are young and immature deserve full credence, considering that no young woman, especially of tender age, would concoct a story of defloration, allow an examination of her private parts, and, thereafter, pervert herself by subjecting herself to a public trial, if she was not motivated solely by the desire to obtain justice for the wrong committed against her. Youth and immaturity are generally badges of truth. It is highly improbable that a girl of tender years, one not yet exposed to the ways of the world, would impute to any man a crime as serious as rape if what she claims is not true.cralaw23

The prosecution, thus, positively established the elements of statutory rape under Article 335, paragraph 3 of the Revised Penal Code. First, the appellant succeeded in having carnal knowledge of AAA on three occasions on September 1997. Second, AAA was below twelve years of age at the time of the incidents, as evidenced by her birth certificate and testimony showing that she was born on June 1, 1986.

The Appellant's Defenses

The appellant denied having raped AAA, and insisted that AAA only filed the cases at the instigation of FFF, who was mad at him for failing to remit the money that BBB sent.

The appellant's defense of denial must crumble in light of AAA's positive and specific testimony. We have consistently held that the identification of the accused, when categorical and consistent, and without any showing of ill motive on the part of the eyewitness testifying, should prevail over mere denial. In the context of this case, the appellant's denial, unsupported by any other evidence, cannot overcome the victim's positive declaration on his identity and involvement in the crime attributed to him.

We also find unmeritorious the appellant's claim that FFF merely instigated AAA to file the complaints against him. We stress that it was not FFF but AAA's grandparents who decided to file the case against the appellant. At any rate, the appellant's claim that FFF convinced AAA to file fabricated rape charges because the appellant failed to give the money due her is too flimsy a reason for an aunt to subject her niece to humiliation and scandal.

The Proper Penalty and Indemnity

Under the second part of Article 335 of the Revised Penal Code, the death penalty shall be imposed 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.

As shown by her Certificate of Live Birth,cralaw24 AAA was born on June 1, 1986; AAA also testified to this fact.cralaw25 Clearly, AAA was only eleven years old when the three rapes happened in September 1997. Nonetheless, the CA was correct in reducing the death penalty to reclusion perpetua because the circumstance of relationship was not alleged in the complaints. None of the complaints alleged that the appellant was the stepfather of AAA.

We affirm the awards of P50,000.00 as civil indemnity and moral damages, respectively, for each count of rape, as they are in accord with prevailing jurisprudence. Civil indemnity is awarded on the finding that rape was committed. Similarly, moral damages are awarded to rape complainants without the need of a pleading or proof of their basis; it is assumed that a rape complainant actually suffered moral injuries, entitling her to this award.cralaw26

However, we increase the amount of the awarded exemplary damages from P25,000.00 to P30,000.00 pursuant to established jurisprudence. The award of exemplary damages is justified, under Article 2229 of the Civil Code, to set a public example and serve as deterrent against elders who abuse and corrupt the youth.cralaw27

WHEREFORE, in light of all the foregoing, we AFFIRM the May 26, 2008 Decision of the Court of Appeals in CA-G.R. CR-HC No. 00277, with the following MODIFICATIONS:

(a) appellant Arnel Macafe y Nabong is hereby found GUILTY beyond reasonable doubt of three (3) counts of STATUTORY RAPE, as defined and penalized under Article 335 of the Revised Penal Code; and

(b) the amount of the awarded exemplary damages is INCREASED from P25,000.00 to P30,000.00.

SO ORDERED.

ARTURO D. BRION
Associate Justice

WE CONCUR:

CONCHITA CARPIO MORALES
Associate Justice


LUCAS P. BERSAMIN
Associate Justice

MARTIN S. VILLARAMA, JR.
Associate Justice

MARIA LOURDES P.A. SERENO
Associate Justice

ATTESTATION

I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

CONCHITA CARPIO MORALES
Associate Justice
Chairperson

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution, and the Division Chairperson's Attestation, it is hereby certified that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

RENATO C. CORONA
Chief Justice



cralaw Endnotes:

cralaw1 Penned by Associate Justice Jane Aurora C. Lantion, and concurred in by Associate Justice Edgardo A. Camello and Associate Justice Edgardo T. Lloren; rollo, pp. 5-19.

cralaw2 Penned by Judge Jesus C. Carbon, Jr.; records, pp. 23-93.

cralaw3 The Court withholds the real name of the victim-survivor and uses fictitious initials instead to represent her. Likewise, the personal circumstances of the victims-survivors or any other information tending to establish or compromise their identities, as well as those of their immediate families or household members, are not to be disclosed; see People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419.

cralaw4 TSN, September 28, 1998, pp. 6 and 9-10.

cralaw5 Id. at 11-13.

cralaw6 Id. at 17-20.

cralaw7 Id. at22-28.

cralaw8 Id. at 30-35; TSN, September 30, 1998, pp. 2-16.

cralaw9 TSN, September 28, 1998, pp. 35-36; TSN, September 29, 1998, p. 22.

cralaw10 TSN, September 28, 1998, pp. 37 and 42.

cralaw11 Id. at 38-39; TSN, September 30, 1998, pp. 18-21.

cralaw12 TSN, September 28, 1998, pp. 40-46; TSN, October 5, 1998, pp. 5-8.

cralaw13 TSN, September 28, 1998, pp. 55 and 61; TSN, September 29, 1998, p. 25; TSN, October 1, 1998, pp. 9-11.

cralaw14 TSN, September 28, 1998, pp. 57 and 62.

cralaw15 TSN, September 29, 2010, p. 3.

cralaw16 TSN, September 28, 2010, pp. 13-14.

cralaw17 Id. at 23-24.

cralaw18 TSN, September 29, 1998, p. 4.

cralaw19 Except for the dates of the commission of the crime, the three (3) criminal complaints are similarly worded, as follows:chanrobles virtual law library

That on or about September 10, 1997, in the City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously have carnal knowledge of the undersigned, [AAA], a girl, 11 years of age, against her will.

CONTRARY TO LAW.

cralaw20 CA rollo, pp. 167-184; TSN, October 8, 1998, pp. 30 and 35.

cralaw21 The crimes subject of Criminal Case Nos. 15124-26 were committed before Article 335 of the Revised Penal Code was repealed by Republic Act No. 8353 or the Anti-Rape Law of 1997.

cralaw22 People v. Valenzuela, G.R. No. 182057, February 6, 2009, 578 SCRA 157, 164.

cralaw23 People v. Perez, G.R. No. 182924, December 24, 2008, 575 SCRA 653, 671.

cralaw24 See records, p. 26; see also TSN, October 7, 1998, pp. 63-67 (Formal offer of exhibits).

cralaw25 TSN, September 28, 1998, p. 6.

cralaw26 See People v. Canares, G.R. No. 174065, February 18, 2009, 579 SCRA 588, 606.

cralaw27 See People v. Teodoro, G.R. No. 172372, December 4, 2009, 607 SCRA 307; People v. Ca'ada, G.R. No. 175317, October 2, 2009, 602 SCRA 378; People v. Jumawid, G.R. No. 184756, June 5, 2009, 588 SCRA 808.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






November-2010 Jurisprudence                 

  • A.M. No. P-10-2818 : November 15, 2010 (Formerly A.M. No. 10-4-54-MTC) OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. GREGORIO B. SADDI, Clerk of Court, MTC, Sasmuan, Pampanga, Respondent.

  • G.R. No. 159460 : November 15, 2010 SOLIDBANK CORPORATION (now known as FIRST METRO INVESTMENT CORPORATION), Petitioner, v. ERNESTO U. GAMIER, ELENA R. CONDEVILLAMAR, JANICE L. ARRIOLA and OPHELIA C. DE GUZMAN, Respondents. G.R. No. 159461 : November 15, 2010 SOLIDBANK CORPORATION and/or its successor-in-interest, FIRST METRO INVESTMENT CORPORATION, DEOGRACIAS N. VISTAN AND EDGARDO MENDOZA, JR., Petitioners, v. SOLIDBANK UNION AND ITS DISMISSED OFFICERS AND MEMBERS, namely: EVANGELINE J. GABRIEL, TERESITA C. LUALHATI, ISAGANI P. MAKISIG, REY S. PASCUA, EVELYN A. SIA, MA. VICTORIA M. VIDALLON, AUREY A. ALJIBE, REY ANTHONY M. AMPARADO, JOSE A. ANTENOR, AUGUSTO D. ARANDIA, JR., JANICE L. ARRIOLA, RUTH SHEILA MA. BAGADIONG, STEVE D. BERING, ALAN ROY I. BUYCO, MANALO T. CABRERA, RACHE M. CASTILLO, VICTOR O. CHUA, VIRGILIO Y. CO, JR., LEOPOLDO S. DABAY, ARMAND V. DAYANG-HIRANG, HUBERT V. DIMAGIBA, MA. LOURDES CECILIA B. EMPARADOR, FELIX D. ESTACIO, JR., JULIETA T. ESTRADA, MARICEL G. EVALLA, JOSE G. GUISADIO, JOSE RAINARIO C. LAOANG, ALEXANDER A. MARTINEZ, JUAN ALEX C. NAMBONG, JOSEPHINE M. ONG, ARMANDO B. OROZCO, ARLENE R. RODRIGUEZ, NICOMEDES P. RUIZO, JR., DON A. SANTANA, ERNESTO R. SANTOS, JR., EDNA M. SARONG, GREGORIO S. SECRETARIO, ELLEN M. SORIANO, ROSIE C. UY, ARVIN D. VALENCIA, FERMIN JOSSEPH B. VENTURA, JR., EMMANUEL C. YAPTANCO, ERNESTO C. ZUNIGA, ARIEL S. ABENDAN, EMMA R. ABENDAN, PAULA AGNES A. ANGELES, JACQUILINE B. BAQUIRAN, JENNIFER S. BARCENAS, ALVIN E. BARICANOSA, GEORGE MAXIMO P. BARQUEZ, MA. ELENA G. BELLO, RODERICK M. BELLO, MICHAEL MATTHEW B. BILLENA, LEOPE L. CABENIAN, NEPTALI A. CADDARAO, FERDINAND MEL S. CAPULING, MARGARETTE B. CORDOVA, MA. EDNA V. DATOR, RANIEL C. DAYAO, RAGCY L. DE GUZMAN, LUIS E. DELOS SANTOS, CARMINA M. DEGALA, EPHRAIM RALPH A. DELFIN, KAREN M. DEOCERA, CAROLINA C. DIZON, MARCHEL S. ESQUEJJO, JOCELYN I. ESTROBO, MINERVA S. FALLARME, HERNANE C. FERMOCIL, RACHEL B. FETIZANAN, SAMUEL A. FLORENTINO, MENCHIE R. FRANCISCO, ERNESTO U. GAMIER, MACARIO RODOLFO N. GARCIA, JOEL S. GARMINO, LESTER MARK Z. GATCHALIAN, MA. JINKY P. GELERA, MA. TERESA G. GONZALES, GONZALO G. GUINIT, EMILY H. GUINO-O, FERDINAND S. HABIJAN, JUN G. HERNANDEZ, LOURDES D. IBEAS, MA. ANGELA L. JALANDONI, JULIE T. JORNACION, MANUEL C. LIM, MA. LOURDES A. LIM, EMERSON V. LUNA, NOLASCO B. MACATANGAY, NORMAN C. MANACO, CHERRY LOU B. MANGROBANG, MARASIGAN G. EDMUNDO, ALLEN M. MARTINEZ, EMELITA C. MONTANO, ARLENE P. NOBLE, SHIRLEY A. ONG, LOTIZ E. ORTIZ LUIS, PABLITO M. PALO, MARY JAINE D. PATINO, GEOFFREY T. PRADO, OMEGA MELANIE M. QUINTANO, ANES A. RAMIREZ, RICARDO D. RAMIREZ, DANIEL O. RAQUEL, RAMON B. REYES, SALVACION N. ROGADO, ELMOR R. ROMANA, JR., LOURDES U. SALVADOR, ELMER S. SAYLON, BENHARD E. SIMBULAN, MA. TERESA S. SOLIS, MA. LOURDES ROCEL E. SOLIVEN, EMILY C. SUY AT, EDGAR ALLAN P. TACSUAN, RAYMOND N. TANAY, JOCELYN Y. TAN, CANDIDO G. TISON, MA. THERESA O. TISON, EVELYN T. UYLANGCO, CION E. YAP, MA. OPHELIA C. DE GUZMAN, MA. HIDELISA P. IRA, RAYMUND MARTIN A. ANGELES, MERVIN S. BAUTISTA, ELENA R. CONDEVILLAMAR, CHERRY T. CO, LEOPOLDO V. DE LA ROSA, DOROTEO S. FROILAN, EMMANUEL B. GLORIA, JULIETEL JUBAC AND ROSEMARIE L. TANG, Respondents.

  • G.R. No. 167835 : November 15, 2010 SPOUSES ALFREDO and ENCARNACION CHING, Petitioners, v. FAMILY SAVINGS BANK, and SHERIFF OF MANILA, Respondents. G.R. No. 188480 : November 15, 2010 ALFREDO CHING, Petitioner, v. FAMILY SAVINGS BANK and THE SHERIFF OF MANILA, Respondent.

  • G.R. No. 179487 : November 15, 2010 ROMEO ILISAN y PIABOL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 189533 : November 15, 2010 MA. IMELDA PINEDA-NG, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.M. No. P-08-2584 : November 15, 2010 ALFREDO YAESO, Complainant, v. Legal Researcher/Officer-in-Charge REYNALDO R. ENOLPE and Sheriff IV GENEROSO B. REGALADO, both of the Regional Trial Court, Branch 16, Cebu City; and Sheriff IV CONSTANCIO V. ALIMURUNG, Regional Trial Court, Branch 18, Cebu City, Respondents.

  • A.M. No. P-09-2700 (Formerly OCA I.P.I. No. 08-2976-P) : November 15, 2010 Atty. NOREEN T. BASILIO, Clerk of Court, Complainant, v. MELINDA M. DINIO, Court Stenographer III, Branch 129, Regional Trial Court, Caloocan City, Respondent.

  • G.R. No. 190515 : November 15, 2010 CIRTEK EMPLOYEES LABOR UNION-FEDERATION OF FREE WORKERS, Petitioner, v. CIRTEK ELECTRONICS, INC., Respondent.

  • G.R. No. 186053 : November 15, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, v. NISAIDA SUMERA NISHINA, represented by ZENAIDA SUMERA WATANABE, Respondent.

  • G.R. No. 184362 : November 15, 2010 MILLENNIUM ERECTORS CORPORATION, Petitioner, v. VIRGILIO MAGALLANES, Respondent.

  • G.R. No. 178899 : November 15, 2010 PHILIPPINE BUSINESS BANK, Petitioner, v. FELIPE CHUA, Respondent.

  • G.R. No. 187984 : November 15, 2010 FRANCISCO A. LABAO, Petitioner, v. LOLITO N. FLORES, AMADO A. DAGUISONAN, PEPE M. CANTAR, JULIO G. PAGENTE, JESUS E. ARENA, CRISPIN A. NAVALES, OSCAR M. VENTE, ARTEMIO B. ARAGON, ARNOLD M. CANTAR, ALBERTO T. CUADERO, RASMI E. RONQUILLO, PEDRO R. GABUTAN, ELPEDIO E. MENTANG,* WILFREDO R. MI�OSA,** RODERICK P. NAMBATAC, MARCIAL D. RIVERA, SANDE E. CASTIL,*** CRISOSTOMO B. ESIC, and AMBROSIO M. CANTAR,**** Respondents.

  • G.R. No. 189844 : November 15, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARIO VILLANUEVA BAGA, Accused-Appellant.

  • G.R. No. 191069 : November 15, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SULPICIO SONNY BOY TAN y PHUA, Accused-Appellant.

  • G.R. No. 143511 : November 15, 2010 PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, Petitioner, v. JOEY B. TEVES, Respondent.

  • G.R. No. 171631 : November 15, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, v. AVELINO R. DELA PAZ, ARSENIO R. DELA PAZ, JOSE R. DELA PAZ, and GLICERIO R. DELA PAZ, represented by JOSE R. DELA PAZ, Respondents.

  • G.R. No. 176946 : November 15, 2010 CONSTANCIA G. TAMAYO, JOCELYN G. TAMAYO, and ARAMIS G. TAMAYO, collectively known as HEIRS OF CIRILO TAMAYO, Petitioners, v. ROSALIA ABAD SE�ORA, ROAN ABAD SE�ORA, and JANETE ABAD SE�ORA, Respondents.

  • G.R. No. 181560 : November 15, 2010 VITARICH CORPORATION, Petitioner, v. CHONA LOSIN, Respondent.

  • G.R. No. 181635 : November 15, 2010 People of the Philippines, Appellee, v. Nonoy Ebet, Appellant.

  • G.R. No. 160067 : November 17, 2010 NELSON IMPERIAL, ET AL., Petitioners, v. MARICEL M. JOSON, ET AL. Respondents. G.R. No. 170410 : November 17, 2010 SANTOS FRANCISCO, Petitioners, v. SPS. GERARD AND MARICEL JOSON, Respondents. G.R. No. 171622 : November 17, 2010 NELSON IMPERIAL, ET AL., Petitioners, v. HILARION FELIX, ET AL., Respondents.

  • G.R. No. 182431 : November 17, 2010 LAND BANK OF THE PHILIPPINES, Petitioner, v. ESTHER ANSON RIVERA, ANTONIO G. ANSON AND CESAR G. ANSON, Respondents.

  • G.R. No. 187872 : November 17, 2010 STRATEGIC ALLIANCE DEVELOPMENT CORPORATION, Petitioner, v. STAR INFRASTRUCTURE DEVELOPMENT CORPORATION ET AL., Respondents.

  • G.R. No. 167715 : November 17, 2010 PHIL PHARMAWEALTH, INC., Petitioner, v. PFIZER, INC. and PFIZER (PHIL.) INC., Respondents.

  • G.R. No. 180997 : November 17, 2010 SPOUSES MARIANO (a.k.a. QUAKY) and EMMA BOLA�OS, Petitioners, v. ROSCEF ZU�IGA BERNARTE, CLARO ZU�IGA, PERFECTO ZU�IGA, and CEFERINA ZU�IGA-GARCIA, Respondents.

  • G.R. No. 186560 : November 17, 2010 GOVERNMENT SERVICE INSURANCE SYSTEM, Petitioner, v. FERNANDO P. DE LEON, Respondent.

  • G.R. No. 187023 : November 17, 2010 EVANGELINE D. IMANI,* Petitioner, v. METROPOLITAN BANK & TRUST COMPANY, Respondent.

  • G.R. No. 187824 : November 17, 2010 FILINVEST DEVELOPMENT CORPORATION, Petitioner, v. GOLDEN HAVEN MEMORIAL PARK, INC., Respondent. G.R. No. 188265 : November 17, 2010 GOLDEN HAVEN MEMORIAL PARK, INC., Petitioner, v. FILINVEST DEVELOPMENT CORPORATION, Respondent.

  • AM. No. P-07-2379 (Formerly OCA I.P.I. No. 03-1742-P) : November 17, 2010 ANTONIO T. RAMAS-UYPITCHING JR., Complainant, v. VINCENT HORACE MAGALONA, Sheriff IV, Regional Trial Court, Branch 46, Bacolod City, Respondent.

  • G.R. No. 172716 : November 17, 2010 JASON IVLER y AGUILAR, Petitioner, v. HON. MARIA ROWENA MODESTO-SAN PEDRO, Judge of the Metropolitan Trial Court, Branch 71, Pasig City, and EVANGELINE PONCE, Respondents.

  • G.R. No. 178610 : November 17, 2010 HONGKONG AND SHANGHAI BANKING CORP., LTD. STAFF RETIREMENT PLAN, (now HSBC Retirement Trust Fund, Inc.), Petitioner, v. SPOUSES BIENVENIDO AND EDITHA BROQUEZA, Respondents.

  • G.R. No. 169704 : November 17, 2010 ALBERT TENG, doing business under the firm name ALBERT TENG FISH TRADING, and EMILIA TENG-CHUA, Petitioners, v. ALFREDO S. PAHAGAC, EDDIE D. NIPA, ORLANDO P. LAYESE, HERNAN Y. BADILLES and ROGER S. PAHAGAC, Respondents.

  • G.R. No. 154366 : November 17, 2010 CEBU BIONIC BUILDERS SUPPLY, INC. and LYDIA SIA, Petitioners, v. DEVELOPMENT BANK OF THE PHILIPPINES, JOSE TO CHIP, PATRICIO YAP and ROGER BALILA, Respondents.

  • G.R. No. 162206 : November 17, 2010 MONICO V. JACOB and CELSO L. LEGARDA, Petitioners, v. HON. SANDIGANBAYAN FOURTH DIVISION and THE OFFICE OF THE OMBUDSMAN, Respondents.

  • G.R. No. 166298 : November 17, 2010 LAND BANK OF THE PHILIPPINES, Petitioner, v. SPOUSES JOEL R. UMANDAP and FELICIDAD D. UMANDAP, Respondents.

  • G.R. No. 169225 : November 17, 2010 COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. HAMBRECHT & QUIST PHILIPPINES, INC., Respondent.

  • G.R. No. 190462 : November 17, 2010 STEEL CORPORATION OF THE PHILIPPINES, Petitioner, v. EQUITABLE PCI BANK, INC., (now known as BDO UNIBANK, INC.), Respondent. G.R. No. 190538 : November 17, 2010 DEG � DEUTSCHE INVESTITIONS-UND ENTWICKLUNGSGESELLSCHAFT MBH, Petitioner, v. EQUITABLE PCI BANK, INC., (now known as BDO UNIBANK, INC.) and STEEL CORPORATION OF THE PHILIPPINES, Respondents.

  • G.R. No. 192581 : November 17, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DENNIS D. MANULIT, Accused-Appellant.

  • G.R. No. 192818 : November 17, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PRINCE FRANCISCO y ZAFE, Accused-Appellant.

  • G.R. No. 178697 : November 17, 2010 COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SONY PHILIPPINES, INC., Respondent.

  • G.R. No. 180045 : November 17, 2010 GOVERNMENT SERVICE INSURANCE SYSTEM, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION (NLRC), DIONISIO BANLASAN, ALFREDO T. TAFALLA, TELESFORO D. RUBIA, ROGELIO A. ALVAREZ, DOMINADOR A. ESCOBAL, and ROSAURO PANIS, Respondents.

  • G.R. No. 181643 : November 17, 2010 MICHELLE I. PINEDA, Petitioner, v. COURT OF APPEALS (Former Ninth Division) and the DEPARTMENT OF EDUCATION, represented by Assistant Secretary CAMILO MIGUEL M. MONTESA, Respondents.

  • G.R. No. 185839 : November 17, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARSENIO CABANILLA, Accused-Appellant.

  • G.R. No. 186605 : November 17, 2010 CENTRAL AZUCARERA DE BAIS EMPLOYEES UNION-NFL [CABEU-NFL], represented by its President, PABLITO SAGURAN, Petitioner, v. CENTRAL AZUCARERA DE BAIS, INC. [CAB], represented by its President, ANTONIO STEVEN L. CHAN, Respondent.

  • G.R. No. 157644 : November 17, 2010 SPOUSES ERNESTO and VICENTA TOPACIO, as represented by their attorney-in-fact MARILOU TOPACIO-NARCISO, Petitioners, v. BANCO FILIPINO SAVINGS and MORTGAGE BANK, Respondent.

  • A.M. No. RTJ-08-2131 (Formerly OCA IPI No. 05-2241-RTJ) : November 22, 2010 LORNA M. VILLANUEVA, Complainant, v. JUDGE APOLINARIO M. BUAYA, Respondent.

  • A.M. No. P-10-2865 (Formerly A.M. OCA I.P.I. No. 09-3044-P) : November 22, 2010 EXECUTIVE JUDGE AURORA MAQUEDA ROMAN, Regional Trial Court, Gumaca, Quezon, Complainant, v. VIRGILIO M. FORTALEZA, Clerk of Court, Municipal Trial Court, Catanauan, Quezon, Respondent.

  • G.R. No. 191545 : November 22, 2010 HEIRS OF AUGUSTO SALAS, JR., represented by TERESITA D. SALAS, Petitioners, v. MARCIANO CABUNGCAL ET AL., Respondents.

  • A.C. No. 5859 (Formerly CBD Case No. 421) : November 23, 2010 ATTY. CARMEN LEONOR M. ALCANTARA, VICENTE P. MERCADO, SEVERINO P. MERCADO AND SPOUSES JESUS AND ROSARIO MERCADO, Complainants, v. ATTY. EDUARDO C. DE VERA, Respondent.

  • G.R. No. 187752 : November 23, 2010 IRENE K. NACU, substituted by BENJAMIN M. NACU, ERVIN K. NACU, and NEJIE N. DE SAGUN, Petitioners, v. CIVIL SERVICE COMMISSION and PHILIPPINE ECONOMIC ZONE AUTHORITY, Respondents.

  • G.R. No. 191618 : November 23, 2010 ATTY. ROMULO B. MACALINTAL, Petitioner, v. PRESIDENTIAL ELECTORAL TRIBUNAL, Respondent.

  • G.R. No. 175080 : November 24, 2010 EUGENIO R. REYES, joined by TIMOTHY JOSEPH M. REYES, MA. GRACIA S. REYES, ROMAN GABRIEL M. REYES, and MA. ANGELA S. REYES, Petitioners, v. LIBRADA F. MAURICIO (deceased) and LEONIDA F. MAURICIO, Respondents.

  • G.R. No. 187978 : November 24, 2010 ROMULO R. PERALTA, Petitioner, v. HON. RAUL E. DE LEON, Presiding Judge, Regional Trial Court of Para�aque, Branch 258, HON. ARBITER DUNSTAN SAN VICENTE, in his capacity as Housing and Land Use Regulatory Arbiter and LUCAS ELOSO EJE, in his capacity as Sheriff, Regional Trial Court, Para�aque City and CONCEPTS AND SYSTEM DEVELOPMENT INC., as represented by its CHAIRMAN KASUO NORO, Respondents.

  • A.M. No. HOJ-10-03 (Formerly A.M. OCA IPI No. 09-04-HOJ) : November 15, 2010 THELMA T. BABANTE-CAPLES, Complainant, v. PHILBERT B. CAPLES, Utility Worker II, Hall of Justice, Municipal Trial Court, La Paz, Leyte, Respondent.

  • G.R. No. 190754 : November 17, 2010 SAN PEDRO CINEPLEX PROPERTIES, INC., Petitioner, v. HEIRS OF MANUEL HUMADA ENA�O, represented by VIRGILIO A. BOTE, Respondents.

  • G.R. No. 181956 : November 11, 2010 VICTORIA L. TEH, Petitioner, v. NATIVIDAD TEH TAN, TEH KI TIAT, and JACINTA SIA, Respondents.

  • G.R. No. 187751 : November 22, 2010 EDNA EUGENIO, MARY JEAN GREGORIO, RENATO PAJARILLO, ROGELIO VILLAMOR, Petitioners, v. STA. MONICA RIVERSIDE HOMEOWNERS ASSOCIATION, Respondent.

  • G.R. No. 186158 : November 22, 2010 CAREER PHILIPPINES SHIP MANAGEMENT, INC., Petitioner, v. GERONIMO MADJUS, Respondent.

  • G.R. No. 190545 : November 22, 2010 JERRY M. FRANCISCO, Petitioner, v. BAHIA SHIPPING SERVICES, INC. and/or CYNTHIA C. MENDOZA, and FRED OLSEN CRUISE LINES, LTD., Respondents.

  • A.C. No. 8391 [Formerly CBD Case No. 06-1631] : November 23, 2010 MANUEL C. YUHICO, Complainant, v. ATTY. FRED L. GUTIERREZ, Respondent.

  • G.R. No. 190755 : November 24, 2010 LAND BANK OF THE PHILIPPINES, Petitioner, v. ALFREDO ONG, Respondent.

  • G.R. No. 182086 : November 24, 2010 BEBINA G. SALVALOZA, representing her late husband, GREGORIO SALVALOZA, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION, GULF PACIFIC SECURITY AGENCY, INC., and ANGEL QUIZON, Respondents.

  • G.R. No. 189326 : November 24, 2010 PEOPLE OF THE PHILIPPINES, Appellee, v. FRANCISCO RELOS, SR., Appellant.

  • G.R. No. 189239 : November 24, 2010 SPOUSES LETICIA & JOSE ERVIN ABAD, SPS. ROSARIO AND ERWIN COLLANTES, SPS. RICARDO AND FELITA ANN, SPS. ELSIE AND ROGER LAS PI�AS, LINDA LAYDA, RESTITUTO MARIANO, SPS. ARNOLD AND MIRIAM MERCINES, SPS. LUCITA AND WENCESLAO A. RAPACON, SPS. ROMEO AND EMILYN HULLEZA, LUZ MIPANTAO, SPS. HELEN AND ANTHONY TEVES, MARLENE TUAZON, SPS. ZALDO AND MIA SALES, SPS. JOSEFINA AND JOEL YBERA, SPS. LINDA AND JESSIE CABATUAN, SPS. WILMA AND MARIO ANDRADA, SPS. RAYMUNDO AND ARSENIA LELIS, FREDY AND SUSANA PILONEO, Petitioners, v. FIL-HOMES REALTY and DEVELOPMENT CORPORATION and MAGDIWANG REALTY CORPORATION, Respondents.

  • G.R. No. 183699 : November 24, 2010 PEOPLE OF THE PHILIPPINES, Appellee, v. ROSALIE COLILAP BA�AGA, Appellant.

  • G.R. No. 188412 : November 22, 2010 CITIBANK, N.A., Petitioner, v. ATTY. ERNESTO S. DINOPOL, Respondent.

  • G.R. No. 188051 : November 22, 2010 ASIA UNITED BANK, Petitioner, v. GOODLAND COMPANY, INC., Respondent.

  • G.R. No. 173428 : November 22, 2010 FROILAN DEJURAS , Petitioner, v. HON. RENE C. VILLA, in his official capacity as Secretary of Agrarian Reform; the BUREAU OF AGRARIAN LEGAL ASSISTANCE, the CENTER FOR LAND USE AND POLICY PLANNING INSTITUTE, the DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD, all of the Department of Agrarian Reform; CONCHITA DELFINO; ANTHONY DELFINO; ARTEMIO ALON; and SM PRIME HOLDINGS, INC., Respondents.

  • G.R. No. 165676 : November 22, 2010 JOSE MENDOZA, cralaw* Petitioner, v. NARCISO GERMINO and BENIGNO GERMINO, Respondents.

  • G.R. No. 150284 : November 22, 2010 SPOUSES ELISEO SEVILLA and ERNA SEVILLA, Petitioners, v. HON. COURT OF APPEALS and PATRICIA VILLAREAL, for herself and in behalf of her children, TRICIA and CLAIRE HOPE VILLAREAL, Respondents.

  • G.R. No. 183868 : November 22, 2010 COMMISSIONER OF CUSTOMS, Petitioner, v. MARINA SALES, INC., Respondent.

  • G.R. No. 172605 : November 22, 2010 PEOPLE OF THE PHILIPPINES , Appellee, v. EVANGELINE LASCANO y VELARDE, Appellant.

  • G.R. No. 185616 : November 24, 2010 THE PEOPLE OF THE PHILIPPINES, Appellee, v. ARNEL MACAFE y NABONG, Appellant.

  • G.R. No. 181858 : November 24, 2010 KEPCO PHILIPPINES CORPORATION, Petitioner, v. Commissioner of Internal Revenue, Respondent.

  • G.R. No. 176260 : November 24, 2010 LUCIA BARRAMEDA VDA. DE BALLESTEROS, Petitioner, v. RURAL BANK OF CANAMAN INC., represented by its Liquidator, the philippine deposit insurance corporation, Respondent.

  • G.R. No. 175887 : November 24, 2010 HEIRS OF THE LATE NESTOR TRIA, Petitioners, v. ATTY. EPIFANIA OBIAS, Respondent.

  • G.R. No. 173339 : November 24, 2010 LEDESCO DEVELOPMENT CORPORATION, Petitioner, v. WORLDWIDE STANDARD INTERNATIONAL REALTY, INC., Respondent.

  • G.R. No. 160933 : November 24, 2010 NICEAS M. BELONGILOT, Petitioner, v. ROLANDO S. CUA, ROEL ERIC C. GARCIA, LORENZO R. REYES, AUGUSTO P. QUIJANO, IANELA G. JUSI-BARRANTES and SALVADOR P. RAMOS, Respondents.

  • G.R. No. 157479 : November 24, 2010 PHILIP TURNER and ELNORA TURNER, Petitioners, v. LORENZO SHIPPING CORPORATION, Respondent.

  • A.M. No. P-10-2781 (Formerly OCA IPI No. 02-1419-P) : November 24, 2010 PASTOR C. PINLAC, Complainant, v. OSCAR T. LLAMAS, Cash Clerk II, Regional Trial Court, Office of the Clerk of Court, San Carlos City, Pangasinan, Respondent.

  • G.R. No. 173815 : November 24, 2010 MILWAUKEE INDUSTRIES CORPORATION, Petitioner, v. COURT OF TAX APPEALS and COMMISSIONER OF INTERNAL REVENUE, Respondents.

  • [G.R. No. 180914 : November 24, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DOMINGO DOMINGUEZ, JR., ALIAS "SANDY," ACCUSED-APPELLANT.

  • [G.R. No. 184599 : November 24, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. TEDDY BATOON Y MIGUEL AND MELCHOR BATOON Y MIGUEL, ACCUSED-APPELLANTS.

  • [G.R. No. 185766 : November 23, 2010] CIVIL SERVICE COMMISSION, PETITIONER, VS. COURT OF APPEALS AND PHILIPPINE CHARITY SWEEPSTAKES OFFICE, RESPONDENTS. [G.R. No. 185767] CIVIL SERVICE COMMISSION, PETITIONER, VS. COURT OF APPEALS AND PHILIPPINE CHARITY SWEEPSTAKES OFFICE, RESPONDENTS.

  • [A.M. No. P-09-2603 (Formerly A.M. No. 08-7-221-MeTC) : November 23, 2010] RE: HABITUAL ABSENTEEISM OF MR. NELSON G. MARCOS, SHERIFF III, METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY.

  • [G.R. No. 166566 : November 23, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. WENCESLAO DERI y BENITEZ, ACCUSED-APPELLANT.

  • [A.M. No. MTJ-08-1719] : November 23, 2010] ATTY. ARNOLD B. LUGARES, COMPLAINANT, VS. JUDGE LIZABETH GUTIERREZ-TORRES, METROPOLITAN TRIAL COURT, BRANCH 60, MANDALUYONG CITY, RESPONDENT. [A.M. NO. MTJ-08-1722A.M. No. MTJ-08-1719] JOSE MARIA J. SEMBRANO, COMPLAINANT, VS. JUDGE LIZABETH GUTIERREZ-TORRES, PRESIDING JUDGE METROPOLITAN TRIAL COURT, BRANCH 60, MANDALUYONG CITY, RESPONDENT. [ A.M. NO. MTJ-08-1723A.M. No. MTJ-08-1719 ] MARCELINO LANGCAP, COMPLAINANT, VS. JUDGE LIZABETH GUTIERREZ-TORRES, PRESIDING JUDGE METROPOLITAN TRIAL COURT, BRANCH 60, MANDALUYONG CITY, RESPONDENT.

  • [A.M. No. P-06-2225 (Formerly OCA IPI No. 04-2027-P), November 23, 2010] BERNALETTE L. RAMOS, COMPLAINANT, VS. SUSAN A. LIMETA, LEGAL RESEARCHER, RESPONDENT.

  • [A.M. No. P-06-2211 (Formerly A.M. No. 06-5-175-MTC) : November 23, 2010] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. MS. ROSEBUEN B. VILLETA, CLERK OF COURT II, MUNICIPAL TRIAL COURT, OTON, ILOILO, RESPONDENT.

  • [G.R. No. 148269 : November 22, 2010] PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS THRU THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, REPRESENTED BY ATTY. ORLANDO L. SALVADOR, PETITIONER, VS. HON. ANIANO DESIERTO, IN HIS CAPACITY AS OMBUDSMAN, ULPIANO TABASONDRA, ENRIQUE M. HERBOSA, ZOSIMO C. MALABANAN, ARSENIO S. LOPEZ, ROMEO V. REYES, NILO ROA, HERADEO GUBALLA, FLORITA T. SHOTWELL, BENIGNO DEL RIO, JUAN F. TRIVIÑO, SALVADOR B. ZAMORA II, AND JOHN DOES, RESPONDENTS.

  • [G.R. No. 179898 : November 22, 2010] MAUNLAD HOMES, INC., N.C. PULUMBARIT, INC., N.C.P. LEASING CORPORATION, AND NEMENCIO C. PULUMBARIT, SR., PETITIONERS, VS. UNION BANK OF THE PHILIPPINES AND JULIE C. GO, RESPONDENTS.

  • [G.R. No. 150318 : November 22, 2010] PHILIPPINE TRUST COMPANY (ALSO KNOWN AS PHILTRUST BANK), PETITIONER, VS. HON. COURT OF APPEALS AND FORFOM DEVELOPMENT CORPORATION, RESPONDENTS.