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March-2011 Jurisprudence                 

  • [G.R. No. 191261, March 02 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. JENNY TUMAMBING Y TAMAYO, APPELLANT.

  • [G.R. No. 191361, March 02 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE,VS. MARIANITO TERIAPIL Y QUINAWAYAN, APPELLANT.

  • [G.R. No. 192217, March 02 : 2011] DANILO L. PAREL, PETITIONER, VS. HEIRS OF SIMEON PRUDENCIO, RESPONDENTS.

  • [G.R. No. 182525, March 02 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BERTHA PRESAS Y TOLENTINO, ACCUSED-APPELLANT.

  • [G.R. No. 193482, March 02 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. NILO ROCABO, APPELLANT.

  • [G.R. No. 181298, March 02 : 2011] BELLE CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 167751, March 02 : 2011] HARPOON MARINE SERVICES, INC. AND JOSE LIDO T. ROSIT, PETITIONERS, VS. FERNAN H. FRANCISCO, RESPONDENT.

  • [G.R. No. 188705, March 02 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FEDERICO LUCERO, ACCUSED-APPELLANT.

  • [G.R. No. 178159, March 02 : 2011] SPS. VICENTE DIONISIO AND ANITA DIONISIO, PETITIONER, VS. WILFREDO LINSANGAN, RESPONDENT.

  • [A.M. No. RTJ-10-2247 (Formerly OCA I.P.I. No. 09-3143-RTJ), March 02 : 2011] JOCELYN DATOON, COMPLAINANT, VS. JUDGE BETHANY G. KAPILI, PRESIDING JUDGE OF REGIONAL TRIAL COURT, BRANCH 24, MAASIN CITY, SOUTHERN LEYTE, RESPONDENT.

  • [G.R. No. 181371, March 02 : 2011] CENTRAL LUZON DRUG CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 172161, March 02 : 2011] SLL INTERNATIONAL CABLES SPECIALIST AND SONNY L. LAGON, PETITIONERS, VS. NATIONAL LABOR RELATIONS COMMISSION, 4TH DIVISION, ROLDAN LOPEZ, EDGARDO ZUƑIGA AND DANILO CAƑETE, RESPONDENTS.

  • [G.R. No. 194259, March 06 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JIMMY ALVERIO, ACCUSED-APPELLANT.

  • [G.R. No. 191389, March 07 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. LUISITO LALICAN Y ARCE, APPELLANT.

  • [G.R. No. 191561, March 07 : 2011] BANK OF COMMERCE, PETITIONER, VS. GOODMAN FIELDER INTERNATIONAL PHILIPPINES, INC. RESPONDENT.

  • [G.R. No. 172011, March 07 : 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. TEODORO P. RIZALVO, JR., RESPONDENT.

  • [G.R. No. 192856, March 08 : 2011] FERNANDO V. GONZALEZ, PETITIONER, VS. COMMISSION ON ELECTIONS, RENO G. LIM, STEPHEN C. BICHARA AND THE SPECIAL BOARD OF CANVASSERS CONSTITUTED PER RES. DATED JULY 23, 2010 OF THE COMMISSION ON ELECTIONS EN BANC, RESPONDENTS.

  • [G.R. No. 157838, March 08 : 2011] CANDELARIO L. VERZOSA, JR. (IN HIS FORMER CAPACITY AS EXECUTIVE DIRECTOR OF THE COOPERATIVE DEVELOPMENT AUTHORITY), PETITIONER, VS. GUILLERMO N. CARAGUE (IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE COMMISSION ON AUDIT), RAUL C. FLORES, CELSO D. GANGAN, SOFRONIO B. URSAL AND COMMISSION ON AUDIT, RESPONDENTS.

  • [A.M. No. 10-10-4-SC, March 08 : 2011] RE: LETTER OF THE UP LAW FACULTY ENTITLED "RESTORING INTEGRITY: A STATEMENT BY THE FACULTY OF THE UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW ON THE ALLEGATIONS OF PLAGIARISM AND MISREPRESENTATION IN THE SUPREME COURT"

  • [G.R. No. 187714, March 08 : 2011] AQUILINO Q. PIMENTEL, JR., MANUEL B. VILLAR, JOKER P. ARROYO, FRANCIS N. PANGILINAN, PIA S. CAYETANO, AND ALAN PETER S. CAYETANO, PETITIONERS, VS. SENATE COMMITTEE OF THE WHOLE REPRESENTED BY SENATE PRESIDENT JUAN PONCE ENRILE, RESPONDENTS.

  • [G.R. No. 170071, March 09 : 2011] HEIRS OF JOSE MARCIAL K. OCHOA NAMELY: RUBY B. OCHOA, MICAELA B. OCHOA AND JOMAR B. OCHOA, PETITIONERS, VS.G & S TRANSPORT CORPORATION, RESPONDENT. [G.R. No. 170125] G & S TRANSPORT CORPORATION, PETITIONER, VS. HEIRS OF JOSE MARCIAL K. OCHOA NAMELY: RUBY B. OCHOA, MICAELA B. OCHOA AND JOMAR B. OCHOA, RESPONDENTS.

  • [G.R. No. 163530, March 09 : 2011] PHILIPPINE VETERANS BANK, PETITIONER, VS. RAMON VALENZUELA, RESPONDENT.

  • [G.R. Nos. 159017-18, March 09 : 2011] PAULINO S. ASILO, JR., PETITIONER, VS. THE PEOPLE OF THE PHILIPPINES AND SPOUSES VISITACION AND CESAR C. BOMBASI, RESPONDENTS. [G.R. No. 159059] VICTORIA BUETA VDA. DE COMENDADOR, IN REPRESENTATION OF DEMETRIO T. COMENDADOR, PETITIONER, VS. VISITACION C. BOMBASI AND CESAR C. BOMBASI, RESPONDENTS.

  • [G.R. No. 185758, March 09 : 2011] LINDA M. CHAN KENT, REPRESENTED BY ROSITA MANALANG, PETITIONER, VS. DIONESIO C. MICAREZ, SPOUSES ALVARO E. MICAREZ & PAZ MICAREZ, AND THE REGISTRY OF DEEDS, DAVAO DEL NORTE, RESPONDENTS.

  • [G.R. No. 168523, March 09 : 2011] SPOUSES FERNANDO AND ANGELINA EDRALIN, PETITIONERS, VS. PHILIPPINE VETERANS BANK, RESPONDENT.

  • [G.R. No. 191388, March 09 : 2011] ASIA UNITED BANK, CHRISTINE T. CHAN, AND FLORANTE C. DEL MUNDO, PETITIONERS, VS. GOODLAND COMPANY, INC., RESPONDENT.

  • [G.R. Nos. 181566 and 181570, March 09 : 2011] DAVAO FRUITS CORPORATION, PETITIONER, VS. LAND BANK OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 177467, March 09 : 2011] PFIZER, INC. AND/OR REY GERARDO BACARRO, AND/OR FERDINAND CORTES, AND/OR ALFRED MAGALLON, AND/OR ARISTOTLE ARCE, PETITIONERS, VS. GERALDINE VELASCO, RESPONDENT.

  • [G.R. No. 174034, March 09 : 2011] HEIRS OF MARILOU K. SANTIAGO, REPRESENTED BY DENNIS K. SANTIAGO, LOURDES K. SANTIAGO AND EUFEMIA K. SANTIAGO, PETITIONERS, VS. ALFONSO AGUILA, RESPONDENT.

  • [G.R. No. 181370, March 09 : 2011] JULIAN S. LEBRUDO AND REYNALDO L. LEBRUDO, PETITIONERS, VS. REMEDIOS LOYOLA, RESPONDENT.

  • [G.R. No. 192649, March 09 : 2011] HOME GUARANTY CORPORATION, PETITIONER, VS. R-II BUILDERS INC., AND NATIONAL HOUSING AUTHORITY, RESPONDENTS.

  • [G.R. No. 171189, March 09 : 2011] LORES REALTY ENTERPRISES, INC., LORENZO Y. SUMULONG III, PETITIONERS, VS. VIRGINIA E. PACIA, RESPONDENT.

  • [A.M. No. P-09-2677 (Formerly OCA I.P.I. No. 07-2582-P), March 09 : 2011] ANGELINA C. LIM AND VIVIAN M. GADUANG, COMPLAINANTS, VS. MARIBETH G. AROMIN, RECORDS OFFICER I, OFFICE OF THE CLERK OF COURT, MUNICIPAL TRIAL COURT, MEYCAUAYAN, BULACAN, RESPONDENT.

  • [A.M. No. RTJ-08-2149 (Formerly OCA IPI No. 08-2787-RTJ), March 09 : 2011] LYDIA A. BENANCILLO, COMPLAINANT, VS. JUDGE VENANCIO J. AMILA, REGIONAL TRIAL COURT, BRANCH 3, TAGBILARAN CITY, RESPONDENT.

  • [G.R. No. 158576, March 09 : 2011] CORNELIA M. HERNANDEZ, PETITIONER, VS. CECILIO F. HERNANDEZ, RESPONDENT.

  • [A.M. No. RTJ-10-2241[Formerly OCA I.P.I. No. 09-3224-RTJ], March 09 : 2011] FERDINAND C. BACOLOT, COMPLAINANT, VS. HON. FRANCISCO D. PAƑO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 93, SAN PEDRO, LAGUNA, RESPONDENT.

  • [G.R. No. 189981, March 09 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALLAN GABRINO, ACCUSED-APPELLANT.

  • [G.R. No. 181249, March 14 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BAIDA SALAK Y BANGKULAS, ACCUSED-APPELLANT.

  • [G.R. No. 190171, March 14 : 2011] ALEN ROSS RODRIGUEZ AND REGIDOR TULALI, PETITIONERS, VS. THE HON. BIENVENIDO BLANCAFLOR, IN HIS CAPACITY AS THE ACTING PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF PALAWAN, BRANCH 52, AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 178272, March 14 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. RODRIGO SALCEDO ALIAS "DIGOL," APPELLANT.

  • [G.R. No. 191392, March 14 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROLLY SORIAGA Y STO. DOMINGO, ACCUSED-APPELLANT.

  • [G.R. No. 172087, March 15 : 2011] PHILIPPINE AMUSEMENT AND GAMING CORPORATION (PAGCOR), PETITIONER, VS. THE BUREAU OF INTERNAL REVENUE (BIR), REPRESENTED HEREIN BY HON. JOSE MARIO BUƑAG, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF INTERNAL REVENUE, PUBLIC RESPONDENT, JOHN DOE AND JANE DOE, WHO ARE PERSONS ACTING FOR, IN BEHALF, OR UNDER THE AUTHORITY OF RESPONDENT. PUBLIC AND PRIVATE RESPONDENTS.

  • [A.M. No. 2010-11-SC, March 15 : 2011] RE: EMPLOYEES INCURRING HABITUAL TARDINESS IN THE SECOND SEMESTER OF 2009

  • [A.C. No. 8253(Formerly CBD Case No. 03-1067), March 15 : 2011] ERLINDA R. TAROG, COMPLAINANT, VS. ATTY. ROMULO L. RICAFORT, RESPONDENT.

  • [G.R. No. 152033, March 16 : 2011] FILIPINAS SYNTHETIC FIBER CORPORATION, PETITIONER, VS. WILFREDO DE LOS SANTOS, BENITO JOSE DE LOS SANTOS, MARIA ELENA DE LOS SANTOS AND CARMINA VDA. DE LOS SANTOS, RESPONDENTS.

  • [G.R. No. 169717, March 16 : 2011] SAMAHANG MANGGAGAWA SA CHARTER CHEMICAL SOLIDARITY OF UNIONS IN THE PHILIPPINES FOR EMPOWERMENT AND REFORMS (SMCC-SUPER), ZACARRIAS JERRY VICTORIO - UNION PRESIDENT, PETITIONER,VS. CHARTER CHEMICAL AND COATING CORPORATION, RESPONDENT.

  • [G.R. No. 190341, March 16 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROMY FALLONES Y LABANA, APPELLANT.

  • [G.R. No. 169599, March 16 : 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. JUANITO MANIMTIM, JULIO UMALI, REPRESENTED BY AURORA U. JUMARANG, SPOUSES EDILBERTO BAƑANOLA AND SOFIA BAƑANOLA, ZENAIDA MALABANAN, MARCELINO MENDOZA, DEMETRIO BARRIENTOS, FLORITA CUADRA, AND FRANCISCA MANIMTIM, RESPONDENTS.

  • [A.M. No. MTJ-08-1718, March 16 : 2011] ATTY. RAFAEL T. MARTINEZ, AND SPOUSES DAN AND EDNA REYES, COMPLAINANTS, VS. JUDGE GRACE GLICERIA F. DE VERA, PRESIDING JUDGE, MUNICIPAL TRIAL COURT IN CITIES, SAN CARLOS CITY, PANGASINAN, RESPONDENT.

  • [A.M. No. P-06-2206, March 16 : 2011] EXECUTIVE JUDGE LEONILO B. APITA, REGIONAL TRIAL COURT, BRANCH 7, TACLOBAN CITY, COMPLAINANT, VS. MARISSA M. ESTANISLAO, COURT LEGAL RESEARCHER II, REGIONAL TRIAL COURT, BRANCH 34, TACLOBAN CITY, RESPONDENT.

  • [G.R. No. 185390, March 16 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALEX PALING, ERNIE VILBAR @ "DODONG" (AT LARGE), AND ROY VILBAR, ACCUSED, ALEX PALING, ACCUSED-APPELLANT.

  • [G.R. No. 182239, March 16 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. HERMIE M. JACINTO, ACCUSED-APPELLANT.

  • [G.R. No. 157476, March 16 : 2011] VENANCIO GIVERO, EDGARDO GIVERO AND FLORIDA GAYANES, PETITIONERS, VS. MAXIMO GIVERO AND LORETO GIVERO, RESPONDENTS.

  • [G.R. No. 168651, March 16 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDITH RAMOS ABAT, ACCUSED-APPELLANT.

  • [G.R. No. 185683, March 16 : 2011] UNION LEAF TOBACCO CORPORATION, REPRESENTED BY ITS PRESIDENT MR. HILARION P. UY, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 131481, March 16 : 2011] BUKLOD NANG MAGBUBUKID SA LUPAING RAMOS, INC., PETITIONER, VS. E. M. RAMOS AND SONS, INC., RESPONDENT. [G.R. No. 131624] DEPARTMENT OF AGRARIAN REFORM, PETITIONER, VS. E. M. RAMOS AND SONS, INC., RESPONDENT.

  • [G.R. No. 178323, March 16, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARMANDO CHINGH Y PARCIA, ACCUSED-APPELLANT.

  • [A.M. No. P-11-2914 [FORMERLY A.M. OCA IPI NO. 09-3159-P], March 16 : 2011] DY TEBAN TRADING CO., INC., COMPLAINANT, VS. ARCHIBALD C. VERGA, SHERIFF IV, RTC, BRANCH 33 BUTUAN CITY, RESPONDENT.

  • [G.R. No. 169103, March 16 : 2011] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. MANILA BANKERS' LIFE INSURANCE CORPORATION, RESPONDENT.

  • [G.R. No. 171870, March 16 : 2011] SPOUSES ANTONIO F. ALAGAR AND AURORA ALAGAR, PETITIONER, VS. PHILIPPINE NATIONAL BANK, RESPONDENT.

  • [G.R. No. 173780, March 21 : 2011] METROPOLITAN BANK AND TRUST COMPANY, PETITIONER, VS. MARINA B. CUSTODIO, RESPONDENT.

  • [A.M. No. P-07-2297 (formerly A.M. No. 07-1-04-MTC -Re: Report on the Financial Audit Conducted in the MTC, Argao, Cebu), March 21 : 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. MS. MIRA THELMA V. ALMIRANTE, INTERPRETER AND FORMER OFFICER-IN-CHARGE, MUNICIPAL TRIAL COURT, ARGAO, CEBU, RESPONDENT. D E C I S I O N

  • [G.R. No. 165427, March 21 : 2011] BETTY B. LACBAYAN, PETITIONER, VS. BAYANI S. SAMOY, JR., RESPONDENT.

  • [G.R. No. 192821, March 21 : 2011] PEOPLE OF THE PHILIPPINES, VS. APPELLEE, SIXTO PADUA Y FELOMINA, APPELLANT.

  • [G.R. No. 174504, March 21 : 2011] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. HON. SANDIGANBAYAN (THIRD DIVISION) AND MANUEL G. BARCENAS, RESPONDENTS.

  • [G.R. No. 182458, March 21 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. REX NIMUAN Y CACHO, APPELLANT.

  • [A.M. No. MTJ-08-1727 (FORMERLY A.M. OCA I.P.I. NO. 03-1465-MTJ), March 22 : 2011] MILAGROS VILLACERAN AND OMAR T. MIRANDA, COMPLAINANTS, VS. JUDGE MAXWEL S. ROSETE AND PROCESS SERVER EUGENIO TAGUBA, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 2, SANTIAGO CITY, ISABELA, RESPONDENTS.

  • [A.M. No. SCC-98-4, March 22 : 2011] ASHARY M. ALAUYA, CLERK OF COURT, SHARI'A DISTRICT COURT, MARAWI CITY, COMPLAINANT, VS. JUDGE CASAN ALI L. LIMBONA, SHARI'A CIRCUIT COURT, LANAO DEL SUR, RESPONDENT.

  • [G.R. No. 190529, March 22 : 2011] PHILIPPINE GUARDIANS BROTHERHOOD, INC., REPRESENTED BY ITS SECRETARY-GENERAL GEORGE "FGBF GEORGE" DULDULAO, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT.

  • [G.R. No. 166471, March 22 : 2011] TAWANG MULTI-PURPOSE COOPERATIVE, PETITIONER, VS. LA TRINIDAD WATER DISTRICT, RESPONDENT.

  • [G.R. No. 193256, March 22 : 2011] ABC (ALLIANCE FOR BARANGAY CONCERNS) PARTY LIST, REPRESENTED HEREIN BY ITS CHAIRMAN, JAMES MARTY LIM, PETITIONER, VS. COMMISSION ON ELECTIONS AND MELANIO MAURICIO, JR., RESPONDENTS.

  • [G.R. No. 170446, March 23 : 2011] EDGEWATER REALTY DEVELOPMENT, INC., PETITIONER, VS. METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM AND MANILA WATER COMPANY, INC., RESPONDENTS.

  • [G.R. No. 178096, March 23 : 2011] ROSA DELOS REYES, PETITIONER, VS. SPOUSES FRANCISCO ODONES AND ARWENIA ODONES, NOEMI OTALES, AND GREGORIO RAMIREZ, RESPONDENTS.

  • [G.R. No. 164693, March 23 : 2011] JOSEFA S. ABALOS* AND THE DEVELOPMENT BANK OF THE PHILIPPINES, PETITIONERS, VS. SPS. LOMANTONG DARAPA AND SINAB DIMAKUTA, RESPONDENTS.

  • [G.R. No. 169260, March 23 : 2011] SANDEN AIRCON PHILIPPINES AND ANTONIO ANG, PETITIONERS, VS. LORESSA P. ROSALES, RESPONDENT.

  • [G.R. No. 189821, March 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ANTONIO OTOS ALIAS ANTONIO OMOS, APPELLANT.

  • [G.R. No. 176058, March 23 : 2011] PRESIDENTIAL ANTI-GRAFT COMMISSION (PAGC) AND THE OFFICE OF THE PRESIDENT, PETITIONERS, VS. SALVADOR A. PLEYTO, RESPONDENT.

  • [G.R. No. 151369, March 23 : 2011] ANITA MONASTERIO-PE AND THE SPOUSES ROMULO TAN AND EDITHA PE-TAN, PETITIONERS, VS. JOSE JUAN TONG, HEREIN REPRESENTED BY HIS ATTORNEY-IN-FACT, JOSE Y. ONG, RESPONDENT.

  • [G.R. No. 146839, March 23 : 2011] ROLANDO T. CATUNGAL, JOSE T. CATUNGAL, JR., CAROLYN T. CATUNGAL AND ERLINDA CATUNGAL-WESSEL, PETITIONERS, VS. ANGEL S. RODRIGUEZ, RESPONDENT.

  • [G.R. No. 160736, March 23 : 2011] AIR ADS INCORPORATED, PETITIONER, VS. TAGUM AGRICULTURAL DEVELOPMENT CORPORATION (TADECO), RESPONDENT.

  • [G.R. No. 156142, March 23 : 2011] SPOUSES ALVIN GUERRERO AND MERCURY M. GUERRERO, PETITIONERS, VS. HON. LORNA NAVARRO DOMINGO, IN HER CAPACITY AS PRESIDING JUDGE, BRANCH 201, REGIONAL TRIAL COURT, LAS PIƑAS CITY & PILAR DEVELOPMENT CORPORATION, RESPONDENTS.

  • [G.R. No. 192416, March 23 : 2011] GRANDTEQ INDUSTRIAL STEEL PRODUCTS, INC., ABELARDO GONZALES,[1] RONALD A. DE LEON,[2] NOEL AGUIRRE, FELIX ARPIA, AND NICK EUGENIO, PETITIONERS, VS. ANNALIZA M. ESTRELLA, RESPONDENT.

  • [G.R. No. 172678, March 23 : 2011] SEA LION FISHING CORPORATION, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 193664, March 23 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DOMINGO BANAN Y LUMIDO, ACCUSED-APPELLANT.

  • [G.R. No. 164321, March 23 : 2011] SKECHERS, U.S.A., INC., PETITIONER, VS. INTER PACIFIC INDUSTRIAL TRADING CORP., AND/OR INTER PACIFIC TRADING CORP. AND/OR STRONG SPORTS GEAR CO., LTD., AND/OR STRONGSHOES WAREHOUSE AND/OR STRONG FASHION SHOES TRADING AND/OR TAN TUAN HONG AND/OR VIOLETA T. MAGAYAGA AND/OR JEFFREY R. MORALES AND/OR ANY OF ITS OTHER PROPRIETOR/S, DIRECTORS, OFFICERS, EMPLOYEES AND/OR OCCUPANTS OF ITS PREMISES LOCATED AT S-7, ED & JOE'S COMMERCIAL ARCADE, NO. 153 QUIRINO AVENUE, PARAƑAQUE CITY, RESPONDENTS. TRENDWORKS INTERNATIONAL CORPORATION, PETITIONER-INTERVENOR, VS. INTER PACIFIC INDUSTRIAL TRADING CORP. AND/OR INTER PACIFIC TRADING CORP. AND/OR STRONG SPORTS GEAR CO., LTD., AND/OR STRONGSHOES WAREHOUSE AND/OR STRONG FASHION SHOES TRADING AND/OR TAN TUAN HONG AND/OR VIOLETA T. MAGAYAGA AND/OR JEFFREY R. MORALES AND/OR ANY OF ITS OTHER PROPRIETOR/S, DIRECTORS, OFFICERS, EMPLOYEES AND/OR OCCUPANTS OF ITS PREMISES LOCATED AT S-7, ED & JOE'S COMMERCIAL ARCADE, NO. 153 QUIRINO AVENUE, PARAƑAQUE CITY, RESPONDENTS.

  • [G.R. No. 190001, March 23 : 2011] GENUINO ICE COMPANY, INC., HECTOR S. GENUINO AND EDGAR A. CARRJAGA, PETITIONERS. VS. ERIC Y. LAVA AND EDDIE BOY SODELA, RESPONDENTS.

  • [G.R. No. 182550, March 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. RUEL VELARDE ALIAS DOLOY BELARDE, APPELLANT.

  • [G.R. No. 169895, March 23 : 2011] ISAGANI M. YAMBOT, LETTY JIMENEZ-MAGSANOC, JOSE MA. D. NOLASCO, ARTEMIO T. ENGRACIA, JR. AND VOLT CONTRERAS, PETITIONERS, VS. HON. ARTEMIO TUQUERO IN HIS CAPACITY AS SECRETARY OF JUSTICE, AND ESCOLASTICO U. CRUZ, JR., RESPONDENTS.

  • [A.M. No. P-09-2651, March 23 : 2011] EMMANUEL M. GIBAS, JR., COMPLAINANT, VS. MA. JESUSA E. GIBAS, COURT STENOGRAPHER I, MUNICIPAL TRIAL COURT, GUIGUINTO, BULACAN, AND FRANCONELLO S. LINTAO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 83, MALOLOS CITY, BULACAN, RESPONDENTS.

  • [G.R. No. 185454, March 23 : 2011] STAR TWO (SPV-AMC), INC., PETITIONER, VS. HOWARD KO, MIN MIN SEE KO, JIMMY ONG, AND GRACE NG ONG, RESPONDENTS.

  • [G.R. No. 176596, March 23 : 2011] JUDGE ADORACION G. ANGELES, PETITIONER, VS. HON. MANUEL E. GAITE, DEPUTY EXECUTIVE SECRETARY FOR LEGAL AFFAIRS, OFFICE OF THE PRESIDENT; HON. RAUL GONZALES, SECRETARY, AND HON. JOVENCITO ZUƑO, CHIEF STATE PROSECUTOR, BOTH OF THE DEPARTMENT OF JUSTICE (DOJ); HON. RAMON R. GARCIA (SUBSTITUTED BY HON. JOSEPH LOPEZ), CITY PROSECUTOR, ACP MARLINA N. MANUEL, AND ACP ADELIZA H. MAGNO-GUINGOYON, ALL OF THE MANILA PROSECUTION SERVICE; AND SSP EMMANUEL VELASCO, DEPARTMENT OF JUSTICE, RESPONDENTS.

  • [G.R. No. 179844, March 23 : 2011] EMERSON B. BAGONGAHASA, GIRLIE B. BAGONGAHASA, DEPARTMENT OF AGRARIAN REFORM - PROVINCIAL AGRARIAN REFORM OFFICER OF LAGUNA, AND REGISTER OF DEEDS OF SINOLOAN, LAGUNA, PETITIONERS, VS. JOHANNA L. ROMUALDEZ, RESPONDENT. SPOUSES CESAR M. CAGUIN AND GERTRUDES CAGUIN, SPOUSES TEODORO MADRIDEJOS AND ANICETA IBANEZ MADRIDEJOS, DEPARTMENT OF AGRARIAN REFORM - PROVINCIAL AGRARIAN REFORM OFFICER OF LAGUNA, AND REGISTER OF DEEDS OF SINOLOAN, LAGUNA, PETITIONERS, VS. DIETMAR L. ROMUALDEZ, RESPONDENT. SOTELA D. ADEA, SPOUSES ESPERANZA AND LEONCIO MARIO, SPOUSES DELIA AND DANILO CACHOLA, SPOUSES MA. ALICIA AND REYMUNDO CAINTO, EDUARDO B. DALAY, SPOUSES JOSE LEVITICO AND EPIFANIA DALAY, SPOUSES JIFFY AND FAUSTINO DALAY, SPOUSES MA. RUTH AND MELCHOR PACURIB, MA. JERIMA B. DALAY, SPOUSES CLEOFAS AND TERESITA VITOR, SPOUSES CELESTINA AND ALEJANDRO COSICO, SPOUSES AUREA AND ANTONIO HERNANDEZ, SPOUSES JULIA AND RAFAEL DELA CRUZ, SPOUSES RAQUEL AND SEBASTIAN SAN JUAN, SPOUSES MARGARITA AND PABLITO LLANES, SR., FIDEL M. DALAY, SPOUSES JAIME AND MELVITA DALAY, SPOUSES EMILY AND FLORENCIO PANGAN, SPOUSES FELIPE AND ROSALIE DALAY, SPOUSES MARCELO AND CATALINA B. DALAY, AND SPOUSES RENATO AND ELIZABETH DALAY, DEPARTMENT OF AGRARIAN REFORM - PROVINCIAL AGRARIAN REFORM OFFICER OF LAGUNA, AND REGISTER OF DEEDS OF SINOLOAN, LAGUNA, PETITIONERS, VS. SPOUSES DANIEL AND ANA ROMUALDEZ, AND JACQUELINE L. ROMUALDEZ, RESPONDENTS.

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  • [A.M. No. P-09-2637 (Formerly A.M. No. 08-12-682-RTC), March 29 : 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. ATTY. MAGDALENA L. LOMETILLO, FORMER CLERK OF COURT VII, VICTORIA S. PATOPATEN, CASHIER II, LINDA C. GUIDES, ADMINISTRATIVE OFFICER I, LENNY GEMMA P. CASTILLO, CLERK III, AND BRENDA M. LINACERO, CLERK III, ALL OF REGIONAL TRIAL COURT, ILOILO CITY, RESPONDENTS.

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  •  




     
     

    [G.R. No. 192821, March 21 : 2011]   PEOPLE OF THE PHILIPPINES, VS. APPELLEE, SIXTO PADUA Y FELOMINA, APPELLANT.

     
    THIRD DIVISION

    [G.R. No. 192821, March 21 : 2011]

    PEOPLE OF THE PHILIPPINES, VS. APPELLEE, SIXTO PADUA Y FELOMINA, APPELLANT.

    D E C I S I O N


    BRION, J.:

    We decide the appeal filed by appellant Sixto Padua y Felomina from the September 10, 2009 Decision[1] of the Court of Appeals (CA) in CA-G.R. CRHC No. 03023.

    The Factual Antecedents

    On June 20, 2001, the appellant was charged with rape before the Regional Trial Court (RTC), Branch 89, Quezon City,[2] committed against his 6-year old niece AAA sometime in April 1991.  The appellant pleaded not guilty on arraignment.  In the trial that followed, AAA testified on the details of the crime.

    Sometime in April 1991, between 1:00 and 2:00 p.m., AAA, then six years old, was playing at the balcony of their house in Barangay Payatas, Quezon City. BBB (AAA's mother) was downstairs cleaning the house, while AAA's sisters were outside the house.5 The appellant (BBB's brother) was watching TV.  The appellant called AAA and told her to lie beside him.[6] He then asked her to remove her shorts and underwear.  He also removed his shorts, laid her down, and inserted his penis inside her vagina.[7] AAA felt pain but she did not cry out.  Thereafter, the appellant told her not to report the incident to her mother or to anyone else.[8]

    AAA did not tell anyone about the incident since she did not know that what had been done to her was wrong.  AAA only realized that her sexual experience with her uncle was wrong when she was already 12 or 13 years old, or at about the time she was in Grade VI.  She did not disclose the incident to anyone then as she was afraid.[9]  It was not until after her graduation from elementary school that she finally disclosed the incident to CCC (AAA 's older sister).  CCC, in turn, also revealed that a similar incident had happened to her when she was at about the same age as AAA when the latter's experience happened.  AAA and CCC never before told their father about their experience because they feared for his health, but subsequently, the incident came to their father's knowledge after CCC had a bitter confrontation with him.  Thereafter, AAA and her father went to the police station where she executed her sworn statement and underwent a medical examination that confirmed that she was no longer a virgin.[11]

    The appellant, interposing denial and alibi, claimed that he was in San Vicente, Bicol, sometime in April 1991.[12]

    The RTC Ruling

    In its March 26, 2007 decision, the RTC found the appellant guilty of rape.  It relied on AAA's clear, direct and positive testimony, and rejected the appellant's alibi for his failure to show that it was physically impossible for him to have committed the rape.  It noted that AAA's delay in reporting the rape was not indicative of a fabricated charge, considering her young age and her family ties with the appellant; AAA only came to know that the sexual incident was wrong when she was in Grade VI, and she feared for her father's health should the latter learn of the incident.  The RTC appreciated AAA's minority, noting that the appellant failed to rebut AAA's testimony that she was 6 years old when she was raped.  With the abolition of the death penalty under Republic Act No. 9346,[13] the RTC sentenced the appellant to reclusion perpetua.  It also ordered the appellant to pay AAA P75,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages.[14]

    The CA Ruling

    On intermediate appellate review, the CA noted that AAA's minority cannot be appreciated as the prosecution failed to present the certificate of live birth or any other authentic document to prove the age of AAA at the time of the commission of the offense.  It noted further that the appellant did not expressly admit AAA's age.  Instead, the appellate court appreciated force and intimidation, noting that the appellant's relationship to AAA had been proven by his own admission.  It stressed that in incestuous rape, the moral ascendancy of the accused over the victim takes the place of force and intimidation.  Thus, it convicted the appellant of simple rape under Article 266-A(l) of the Revised Penal Code and sentenced him to reclusion perpetua, but reduced to P50,000.00 the civil indemnity to AAA.[15]

    From the CA, the case was elevated to us for final review.

    Our Ruling

    We affirm the appellant's conviction.

    We find no reason to deviate from the findings of the RTC and the CA. Jurisprudence is replete with rulings that an appellant can justifiably be convicted of rape based solely on the credible testimony of the victim. We consider, too, that nothing in the records indicates to us that the RTC and the CA overlooked or failed to appreciate facts that, if considered, would change the outcome of the case.

    We agree with the CA that the appellant cannot be held liable for qualified, much less statutory, rape; the prosecution failed to prove by independent evidence the age of AAA, much less the allegation that she was under the age of 12 when she was raped.  The appellate court properly appreciated force and intimidation. In rape committed by a close kin, such as the victim's father, stepfather, uncle, or the common-law spouse of her mother, it is not necessary that actual force or intimidation be employed; moral influence or ascendancy takes the place of violence or intimidation.[16]

    Thus, the CA properly convicted the appellant for simple rape whose penalty is reclusion perpetua. We, however, clarify the applicable law. The CA held that the appellant was guilty of simple rape under Article 266-A(l) of the Revised Penal Code. However, the crime was committed in 1991, i.e., prior to the passage of the law imposing the death penalty for rape cases [17] and prior to the new rape law.[18] The law then in place - Article 335 of the Revised Penal Code[19] - should apply. Under this law, simple rape is punishable by reclusion perpetua.

    To conform with existing jurisprudence, we reduce the amount of exemplary damages from P50,000.00 to P30,000.00.

    WHEREFORE, the September 10, 2009 decision of the Court of Appeals in CA-G.R. CR HC No. 03023 is hereby AFFIRMED with MODIFICATION.  Appellant Sixto Padua y Felomina is  found  guilty beyond reasonable doubt of the crime of Simple Rape under Article 335 of the Revised Penal Code, and sentenced to suffer the penalty of reclusion perpetua.  He is also ordered to pay AAA P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages.

    SO ORDERED.

    Carpio Morales, (Chairperson), Bersamin, Villarama, Jr., and Sereno, JJ., concur.

    Endnotes:


    [1] Decision penned by Associate Justice Mariflor P. Punzalan Castillo, and concurred in by Associate Justices Mario L. Guarina III and Jane Aurora C. Lantion of the Twelfth Division of the Court of Appeals. Rollo, pp. 2-22.

    [2] In Criminal Case No. Q-01-103176.

    [3] Consistent with People v. Cabalquinto (G.R. No. 167693, September 19, 2006, 502 SCRA 419), the real name of the rape victim is withheld.  Instead, fictitious initials are used to represent her.  Also, the personal circumstances of the victim or any other information tending to establish or compromise her identity, as well as those of her immediate family or household members, are not disclosed.

    [4] The accusatory portion of the Information reads:

    That sometime in April, 1991, in Quezon City, Philippines, the above-named accused, an uncle of the complainant, and taking advantage of his moral ascendancy and the innocence of said complainant, did then and there willfully, unlawfully and feloniously have camal knowledge with [AAA], a minor, six years of age, in their house located at x x x Barangay Payatas, this City, against her will and without her consent. CONTRARY TO LAW. (CA rollo, p. 9).

    [5] TSN, October 21, 2002, pp. 2, and 4-5; and TSN, April 24, 2006, pp. 4-8.

    [6] TSN, October 21, 2002, p. 2.

    [7] Id. at 3.

    [8] Id. at 4; and TSN, June 18, 2003, p. 5.

    [9] TSN, June 18, 2003, pp. 3-4.

    [10] Id. at 5-6.

    [11] Id. at 7-9; TSN, February 2, 2004, pp. 8-10; TSN, April 24, 2006, pp. 8-10; and exhibit "G", original records, p. 83.

    [12] TSN, September 25, 2006, pp. 4-7.

    [13] "An Act Prohibiting the Imposition of Death Penalty in the Philippines," which took effect on June 30, 2006.

    [14] Original records, pp. 201-216.

    [15] Supra, note 1.

    [16] People v. Corpuz, G.R. No. 175836, January 30, 2009, 577 SCRA 465, 473.

    [17] Republic Act No. 7659, entitled An Act to Impose the Death Penalty on Certain Heinous Crimes, Amending for that Purpose the Revised Penal Laws, as Amended, Other Special Penal Laws, and for Other Purposes, took effect on December 31, 1993.

    [18] Republic Act No. 8353 or the Anti-Rape Law of 1997 took effect on October 22, 1997.

    [19] 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;

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

    3. When the woman is under twelve years of age x x x. The crime of rape shall be punished by reclusion perpetua.


    [20] People v. Sanitation, G.R. No. 182789, August 3, 2010; People v. Sobusa, G.R. No. 181083, January 21, 2010, 610 SCRA 538, 559.

    [G.R. No. 192821, March 21 : 2011]   PEOPLE OF THE PHILIPPINES, VS. APPELLEE, SIXTO PADUA Y FELOMINA, APPELLANT.






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