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Philippine Supreme Court Jurisprudence > Year 2013 > January 2013 Decisions > G.R. No. 201447 - People of the Philippines v. Anastacio Amistoso y Broca:




G.R. No. 201447 - People of the Philippines v. Anastacio Amistoso y Broca

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

G.R. No. 201447 : January 9, 2013

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANASTACIO AMISTOSO y BROCA, Accused-Appellant.

D E C I S I O N

LEONARDO-DE CASTRO, J.:

Before the Court is the appeal of accused-appellant Anastacio Amistoso y Broca (Amistosn) of the Decision1 dated August 25,2011 of the Court of Appeals in CA-G.R. CR.-H.C. No. 04012, affirming with modification the Decision2 dated March 23, 2006 of the Regional Trial Court (RTC) of Masbate City, Branch 48, in Criminal Case No. 10106, which found Amistoso guilty beyond reasonable doubt of the qualified rape of his daughter AAA.3?r?l1

Amistoso was charged by the Provincial Prosecutor of Masbate in an Information4 dated August 30, 2000,5 which reads:cralawlibrary

The undersigned 3rd Assistant Provincial Prosecutor upon a sworn complaint filed by private offended party, accuses ANASTACIO AMISTOSO y BROCA, for VIOLATION OF ANTI-RAPE LAW OF 1997 (art. 266-A, par. 1 sub par. (d) committed as follows:cralawlibrary

That on or about the 10th day of July 2000, at about 8:00 oclock in the evening thereof, at x x x Province of Masbate, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with lewd design and with intent to have carnal knowledge with AAA, a 12-year old girl, did then and there willfully, unlawfully and feloniously succeed in having carnal knowledge with the victim against her will and without her consent.

With the aggravating circumstance of relationship, accused being the father of the victim.

When arraigned on July 23, 2002, Amistoso pleaded not guilty to the crime charged.6?r?l1

Trial on the merits ensued.

The prosecution presented three witnesses: AAA,7 the victim herself; Dr. Ulysses V. Francisco (Francisco),8 the Municipal Health Officer who conducted the physical examination of AAA; and Senior Police Officer (SPO) 4 Restituto Lipatan (Lipatan),9 the police investigator on duty at the police station on July 13, 2000. The prosecution also submitted as documentary evidence the Complaint10 dated July 13, 2000 filed by BBB, AAAs mother, against Amistoso; AAAs Affidavit11 dated July 13, 2000; Dr. Franciscos Medico-Legal Report12 dated July 13, 2000; AAAs Certificate of Live Birth;13 AAAs elementary school records;14 and a photocopy of the page in the Police Blotter containing the entries for July 13, 2000.15?r?l1

The evidence for the prosecution presented the following version of events:cralawlibrary

AAA was born on June 2, 1988, the second of five children of Amistoso and BBB. Their family lived in a one-room shanty in Masbate. On July 10, 2000, AAA was exactly 12 years, one month, and eight days old.

Prior to July 10, 2000, Amistoso had often scolded AAA, maliciously pinched AAAs thighs, and even whipped AAA. At around 11:00 a.m. of July 10, 2000, Amistoso was again mad at AAA because AAA, then busy cooking rice, refused to go with her father to the forest to get a piece of wood which Amistoso would use as a handle for his bolo. Because of this, a quarrel erupted between Amistoso and BBB. In his fury, Amistoso attempted to hack AAA. BBB ran away with her other children to her mothers house in another barangay. AAA though stayed behind because she was afraid that Amistoso would get even madder at her.

On the night of July 10, 2000, AAA had fallen asleep while Amistoso was eating. AAA was awakened at around 8:00 p.m. when Amistoso, already naked, mounted her. Amistoso reached under AAAs skirt and removed her panties. AAA shouted, "Pa, ayaw man!" (Pa, please dont!), but Amistoso merely covered AAAs mouth with one hand. Amistoso then inserted his penis inside AAAs vagina. The pain AAA felt made her cry. After he had ejaculated, Amistoso stood up. AAA noticed white substance and blood coming from her vagina. Amistoso told AAA not to tell anyone what happened between them, otherwise, he would kill her.

The following day, July 11, 2000, AAA left their residence without Amistosos consent to hide at the house of a certain Julie, a recruiter. AAA narrated to Julie her ordeal in Amistosos hands. BBB subsequently found AAA at Julies house. On July 13, 2000, AAA told BBB what Amistoso did to her. BBB brought AAA to the Department of Social Welfare and Development (DSWD), which in turn, brought AAA to Dr. Francisco for physical examination.

Thereafter, BBB and AAA went to the police for the execution of AAAs Affidavit and the filing of BBBs Complaint against Amistoso. A Municipal Circuit Trial Court in Masbate, after conducting the necessary preliminary examination, issued an Order of Arrest against Amistoso on July 13, 2000. Amistoso was arrested the same day and the fact thereof was entered in the Police Blotter by SPO4 Lipatan.

Dr. Franciscos findings in his Medico-Legal Report dated July 13, 2000 were as follows:cralawlibrary

Hymen: Old hymenal lacerations noted at 7 and 3 oclock corresponding to the face of the clock.

Vaginal canal: Showed less degree of resistance and admits about two of the examiners fingers.

REMARKS:cralawlibrary

Physical Virginity has been lost to AAA16?r?l1

Dr. Francisco explained on the witness stand that the cause of AAAs hymenal lacerations was the penetration of a blunt object, which could be a penis. He also opined that a hymenal laceration, just like any wound, would take at least a week to heal. Upon further questioning, he answered that "in minimum it would heal in one week time except when there is no infection."17?r?l1

The lone evidence for the defense was Amistosos testimony.18?r?l1

Amistoso recounted that on July 10, 2000, he was working, unloading diesel and kerosene, at his employers warehouse. After finishing his work at around 8:00 p.m., Amistoso had dinner at his employers place before going home. The distance between his employers warehouse and his house was about a kilometer, a 10-minute hike away.

When Amistoso arrived home, he found the door and the windows to the house tied shut. The house was primarily made of nipa with bamboo flooring. It was raised a foot from the ground. Amistosos children were inside the house with BBB and an unknown man. Although he could not see inside the house, Amistoso heard BBB and the man talking. Amistoso suspected that BBB and the man were having sexual intercourse because they did not open the door when Amistoso called out. Amistoso was told to wait so he did wait outside the house for 15 minutes. Meanwhile, BBB and the man made a hole in the floor of the house from where they slipped out, crawled under the house, and fled.

Amistoso said the children had been sleeping inside the house, but BBB woke the children up. When BBB and her lover fled, the children were left together. However, Amistoso also said that he slept alone in the house on the night of July 10, 2000.19?r?l1

Amistoso did not take any action after catching BBB and her lover. He did not chase after BBB and her lover when the two fled on July 10, 2000; he did not report the incident to the police; and he did not file charges of adultery against BBB in the days after.

Amistoso believed that BBB, afraid she got caught with another man, manipulated AAA to falsely charge Amistoso with rape. Amistoso averred that BBB actually wanted to reconcile with him and apologized to him in May 2001 for what had happened, but he refused.20?r?l1

On March 23, 2006, the RTC rendered its Decision finding Amistoso guilty of qualified rape, to wit:cralawlibrary

In view of the foregoing, this Court is convinced and so holds that the prosecution has proved the guilt of accused Anastacio Amistoso beyond reasonable doubt of qualified rape, punished under Article 266-B, par. 5, sub. Par. 1.

WHEREFORE, accused ANASTACIO AMISTOSO, having been convicted of Qualified Rape, he is hereby sentenced to the capital penalty of DEATH; to pay the victim the sum of Seventy[-]Five

Thousand Pesos (PhP75,000.00) as indemnity; to pay the said victim the sum of Fifty Thousand Pesos (PhP50,000.00) as for moral damages, and to pay the costs.21?r?l1

On appeal, the Court of Appeals affirmed Amistosos conviction for qualified rape but modified the penalties imposed. Below is the decretal portion of the Decision dated August 25, 2011 of the appellate court:cralawlibrary

WHEREFORE, the appeal is DISMISSED and the assailed Decision dated March 23, 2006 of the Regional Trial Court of Masbate City, Branch 48, in Criminal Case No. 10106 is AFFIRMED WITH MODIFICATION.

Accused-appellant Anastacio Amistoso is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole. In addition to civil indemnity in the amount of P75,000.00, he is ordered to pay the victim P75,000.00 as moral damages and P30,000.00 as exemplary damages.22?r?l1

Hence, Amistoso comes before this Court via the instant appeal with a lone assignment of error:cralawlibrary

THE TRIAL COURT GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY OF THE CRIME CHARGED DESPITE THE PROSECUTIONS FAILURE TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.23?r?l1

Amistoso argues that the defense of denial and alibi should not be viewed with outright disfavor. Such defense, notwithstanding its inherent weakness, may still be a plausible excuse. Be that as it may, the prosecution cannot profit from the weakness of Amistosos defense; it must rely on the strength of its own evidence and establish Amistosos guilt beyond reasonable doubt. Amistoso asserts that the prosecution failed even in this regard.

Amistoso was charged in the Information with statutory rape under Article 266-A, paragraph 1(d) of the Revised Penal Code, as amended. The elements of said crime are: (1) that the accused had carnal knowledge of a woman; and (2) that the woman is below 12 years of age or is demented.

According to Amistoso, there is no proof beyond reasonable doubt that he had carnal knowledge of AAA. AAAs claim that Amistoso was able to insert his penis into her vagina on July 10, 2000 was contrary to the physical evidence on record. Dr. Francisco testified that hymenal lacerations would take a minimum of one week to heal; but in his Medico-Legal Report, prepared on July 13, 2000, just three days after AAAs alleged rape, he stated that AAAs hymenal lacerations were already healed. Amistoso also asserts that AAA had ulterior motive to falsely accuse him of rape. AAA admitted that Amistoso had been maltreating her and that she had already developed hatred or ill feeling against Amistoso. Such admission casts doubts on the veracity and credibility of AAAs rape charge and raises the question of whether the act complained of actually occurred.

Amistoso further claims lack of showing that AAA was below 12 years old or demented when she was supposedly raped on July 10, 2000. According to the prosecutions own evidence, AAA was precisely 12 years, one month, and eight days old on July 10, 2000; while the prosecution did not at all present any evidence of AAAs mental condition.

Amistosos appeal is without merit.

Reproduced hereunder are the pertinent provisions of the Revised Penal Code, as amended:cralawlibrary

ART. 266-A. Rape; when and how committed. Rape is committed

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

a) Through force, threat or intimidation;

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

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

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

x x x ???�r?bl?��??r�??l�l??�l?br?r�

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

x x x

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

1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. (Emphases supplied.)

Amistoso was specifically charged in the Information with statutory rape under Article 266-A, paragraph (1)(d) of the Revised Penal Code, as amended. It is undisputed that AAA was over 12 years old on July 10, 2000, thus, Amistoso cannot be convicted of statutory rape. Nonetheless, it does not mean that Amistoso cannot be convicted of rape committed under any of the other circumstances described by Article 266-A, paragraph 1 of the Revised Penal Code, as amended, as long as the facts constituting the same are alleged in the Information and proved during trial. What is controlling in an Information should not be the title of the complaint, nor the designation of the offense charged or the particular law or part thereof allegedly violated, these being, by and large, mere conclusions of law made by the prosecutor, but the description of the crime charged and the particular facts therein recited.24 In addition, the Information need not use the language of the statute in stating the acts or omissions complained of as constituting the offense. What is required is that the acts or omissions complained of as constituting the offense are stated in ordinary and concise language sufficient to enable a person of common understanding to know the offense charged.25?r?l1

In this case, a perusal of the Information against Amistoso reveals that the allegations therein actually constitute a criminal charge for qualified rape under Article 266-A, paragraph (1)(a), in relation to Section 266-B, paragraph (1) of the Revised Penal Code, as amended.

The elements of rape under Article 266-A, paragraph (1)(a) of the Revised Penal Code, as amended, are: (1) that the offender had carnal knowledge of a woman; and (2) that such act was accomplished through force, threat, or intimidation.26 But when the offender is the victims father, there need not be actual force, threat, or intimidation, as the Court expounded in People v. Fragante27:cralawlibrary

It must be stressed that the gravamen of rape is sexual congress with a woman by force and without consent. In People v. Orillosa, we held that actual force or intimidation need not be employed in incestuous rape of a minor because the moral and physical dominion of the father is sufficient to cow the victim into submission to his beastly desires. When a father commits the odious crime of rape against his own daughter, his moral ascendancy or influence over the latter substitutes for violence and intimidation. The absence of violence or offer of resistance would not affect the outcome of the case because the overpowering and overbearing moral influence of the father over his daughter takes the place of violence and offer of resistance required in rape cases committed by an accused who did not have blood relationship with the victim. (Citations omitted.)

Then to raise the crime of simple rape to qualified rape under Article 266-B, paragraph (1) of the Revised Penal Code, as amended, the twin circumstances of minority of the victim and her relationship to the offender must concur.28?r?l1

The foregoing elements of qualified rape under Article 266-A, paragraph (1)(a), in relation to Article 266-B , paragraph (1), of the Revised Penal Code, as amended, are sufficiently alleged in the Information against Amistoso, viz: (1) Amistoso succeeded in having carnal knowledge of AAA against her will and without her consent; (2) AAA was 12 years old on the day of the alleged rape; and (3) Amistoso is AAAs father.

Amistoso cannot claim that he had been deprived of due process in any way. He adequately understood from the Information that he was being charged with the rape of his own daughter AAA to which he proffered the defense of denial and alibi, totally refuting the fact of AAAs rape regardless of how it was purportedly committed.

Now as to the truth of the charge in the Information, the RTC found, and the Court of Appeals affirmed, that the prosecution was able to prove beyond reasonable doubt all the elements and circumstances necessary for convicting Amistoso for the qualified rape of AAA. The RTC accorded credence and weight to the testimonies of the prosecution witnesses, especially the victim AAA, and disbelieved the denial and alibi of Amistoso.

In People v. Aguilar,29 the Court explained that:cralawlibrary

Time and again, we have held that when it comes to the issue of credibility of the victim or the prosecution witnesses, the findings of the trial courts carry great weight and respect and, generally, the appellate courts will not overturn the said findings unless the trial court overlooked, misunderstood or misapplied some facts or circumstances of weight and substance which will alter the assailed decision or affect the result of the case. This is so because trial courts are in the best position to ascertain and measure the sincerity and spontaneity of witnesses through their actual observation of the witnesses manner of testifying, their demeanor and behavior in court. Trial judges enjoy the advantage of observing the witness deportment and manner of testifying, her "furtive glance, blush of conscious shame, hesitation, flippant or sneering tone, calmness, sigh, or the scant or full realization of an oath" all of which are useful aids for an accurate determination of a witness honesty and sincerity. Trial judges, therefore, can better determine if such witnesses are telling the truth, being in the ideal position to weigh conflicting testimonies. Again, unless certain facts of substance and value were overlooked which, if considered, might affect the result of the case, its assessment must be respected, for it had the opportunity to observe the conduct and demeanor of the witnesses while testifying and detect if they were lying. The rule finds an even more stringent application where the said findings are sustained by the Court of Appeals. (Citations omitted.)

There is no cogent reason herein for the Court to depart from the general rule and reverse any of the factual findings of the RTC, as affirmed by the Court of Appeals.

AAA gave a clear, consistent, and credible account of the events of July 10, 2000, in a straightforward and candid manner:cralawlibrary

ASST. PROS. LEGASPI continuing)

Q Now, remember where you were on July 10, 2000, at about eleven oclock in the morning?

x x x

A At our house.

x x x

Q Do you recall if there was an incident happened on that particular day and time?

x x x

A My mother and my father have a quarell (sic).

Q Why did they have a quarell (sic)?

x x x

A My father got mad at me because I refused to go with him to get a piece of wood for a handle of our bolo.

x x x

Q And what happened after that?

A He attempted to hack me.

Q And what did your mother do?

A She ran away.

x x x

Q Did she return on that day to your house?

A No, she did not.

Q On July 10, 2000, at around eight oclock in the evening where were you?

A At our house.

Q And who was with you in your house.

A My father.

Q What were you doing at that time?

A I was sleeping.

Q While you were sleeping, do you recall having been awakened?

A Yes, sir.

Q Why were you awakened?

A Because my father mounted on me.

Q And what did you notice from him when he mounted on you?

A That he was already naked.

Q When he mounted on top of you, what did he do?

A He removed my panty.

COURT to the witness)

Q What about your clothes?

A No, only my panty.

x x x

ASST. PROS. LEGASPI continuing)

Q What did (sic) you wearing at that time?

A A skirt.

x x x

Q What did you do when he removed your panty?

A I shouted.

COURT to the witness)

Q What was your shouted (sic) about?

A In order to stop him.

x x x

ASST. PROS. LEGASPI continuing)

Q When you shouted "ayaw man", what did your father do?

A He covered my mouth.

Q After he covered your mouth, what did he do next.

A He inserted his penis into my vagina.

x x x

Q And what did you feel?

A I felt pain.

Q Because you felt pain, did you cry?

A Yes, sir.

Q What happened after that?

A After that he stood up.

Q Did you feel if there was an ejaculation?

A Yes, there was.

Q Did you notice a white substance in your vagina?

A Yes, sir.

Q After your father had sexual intercourse with you, what did you notice after that?

A There was a blood coming from me.

Q What did your father tell you?

A That I must not tell anybody, otherwise he will kill us.30?r?l1

AAAs aforequoted testimony already established the elements of rape under Article 266-A, paragraph (1)(a) of the Revised Penal Code, as amended. AAA had positively and categorically testified that Amistosos penis had entered her vagina, so Amistoso succeeded in having carnal knowledge of AAA. The Court reiterates that in an incestuous rape of a minor, actual force or intimidation need not be employed where the overpowering moral influence of the father would suffice.31?r?l1

That Dr. Francisco, during his physical examination of AAA on July 13, 2000, already found healed lacerations, does not negatively affect AAAs credibility nor disprove her rape. Worth repeating are the following pronouncements of the Court in People v. Orilla32:cralawlibrary

The absence of fresh lacerations in Remilyns hymen does not prove that appellant did not rape her. A freshly broken hymen is not an essential element of rape and healed lacerations do not negate rape. In addition, a medical examination and a medical certificate are merely corroborative and are not indispensable to the prosecution of a rape case. The credible disclosure of a minor that the accused raped her is the most important proof of the sexual abuse. (Emphases supplied, citations omitted.)

In addition, while Dr. Francisco testified that hymenal lacerations normally heal in one week, he did not foreclose the possibility of hymenal lacerations healing in less than a week when there is no infection, to wit:cralawlibrary

COURT to the Witness)

Q In your opinion Doctor, how many days more or less would the hymenal lacerations heal?

A In most cases this laceration is the same with any wound and it would heal for one week.

x x x

PROS. LEGASPI on re-direct)

Q When you made mentioned as to the period of healing of this hymenal lacerations, when you said within one week time, could it be possible that it heals less than a week?

x x x

A In minimum it would heal in one week time except when there is no infection.33 (Emphasis supplied.)

Even the twin circumstances for qualified rape, namely, minority and relationship, were satisfactorily proved by the prosecution. That AAA was 12 years old on July 10, 2000 and that she is Amistosos daughter were established by AAAs Certificate of Live Birth34 and Amistosos admission35 before the RTC.

The Court is not persuaded by Amistosos insinuation that AAA and BBB were only falsely accusing him of rape out of hatred and ill feeling.

Alleged motives of family feuds, resentment, or revenge are not uncommon defenses, and have never swayed the Court from lending full credence to the testimony of a complainant who remained steadfast throughout her direct and cross-examinations, especially a minor as in this case.36?r?l1

Moreover, the Court finds it difficult to believe that a young girl would fabricate a rape charge against her own father as revenge for previous maltreatment, ruling in People v. Canoy37 as follows:cralawlibrary

We must brush aside as flimsy the appellants insistence that the charges were merely concocted by his daughter to punish him for bringing in his illegitimate daughters to live with them and for maltreating her. It is unthinkable for a daughter to accuse her own father, to submit herself for examination of her most intimate parts, put her life to public scrutiny and expose herself, along with her family, to shame, pity or even ridicule not just for a simple offense but for a crime so serious that could mean the death sentence to the very person to whom she owes her life, had she really not have been aggrieved. Nor do we believe that the victim would fabricate a story of rape simply because she wanted to exact revenge against her father, appellant herein, for allegedly scolding and maltreating her. (Citations omitted.)

Neither is the Court convinced that BBB would use and manipulate her own daughter AAA to wrongfully accuse Amistoso, her husband and AAAs father, of rape, just to cover-up her alleged affair with another man. It is unthinkable that a mother would sacrifice her daughters honor to satisfy her grudge, knowing fully well that such an experience would certainly damage her daughters psyche and mar her entire life. A mother would not subject her daughter to a public trial with its accompanying stigma on her as the victim of rape, if said charges were not true.38?r?l1

The Court rejects Amistosos defense of denial and alibi for the very same reasons stated in People v. Abulon39:cralawlibrary

Nothing is more settled in criminal law jurisprudence than that alibi and denial cannot prevail over the positive and categorical testimony and identification of the complainant. Alibi is an inherently weak defense, which is viewed with suspicion because it can easily be fabricated. Denial is an intrinsically weak defense which must be buttressed with strong evidence of non- culpability to merit credibility.

The records disclose that not a shred of evidence was adduced by appellant to corroborate his alibi. Alibi must be supported by credible corroboration from disinterested witnesses, otherwise, it is fatal to the accused. Further, for alibi to prosper, it must be demonstrated that it was physically impossible for appellant to be present at the place where the crime was committed at the time of its commission. By his own testimony, appellant clearly failed to show that it was physically impossible for him to have been present at the scene of the crime when the rapes were alleged to have occurred. Except for the first incident, appellant was within the vicinity of his home and in fact alleged that he was supposedly even sleeping therein on the occasion of the second and third incidents. (Citations omitted.)

Except for his own testimony, Amistoso presented no other evidence to corroborate his alibi that he was working at his employers warehouse when AAA was raped. Amistoso even admitted that his employers warehouse was only a kilometer or a 10-minute hike away from the house where AAA was raped, so it was not physically impossible for Amistoso to be present at the scene of the crime at the time it occurred.

Amistosos version of events is also implausible and irrational. Amistoso claimed that his wife BBB was having an affair with another man, but he could not even identify the man. He did not see the man on the night of July 10, 2000, but purportedly heard BBB and the man talking inside the house and concluded that the two were having sexual intercourse. Amistoso further said he wanted to hack BBB and her lover, yet, he patiently waited outside for 15 minutes before entering the house. It appears physically impossible for BBB and her lover, both fully grown adults, to escape by crawling through the one-foot space beneath the house. And finally, Amistoso was unable to explain why he did not run after BBB and her lover nor took any legal action against the two even days after catching them having sexual intercourse; where were the children, who BBB supposedly left behind after running away with her lover on the night of July 10, 2000, as Amistoso claimed he slept alone at the house that same night; and how would BBB, the spouse allegedly guilty of having an affair, benefit in influencing AAA to falsely charge Amistoso with rape.

For the qualified rape of his daughter AAA, the Court of Appeals was correct in imposing upon Amistoso the penalty of reclusion perpetua without the eligibility of parole, in lieu of the death penalty, pursuant to Republic Act No. 9346;40 and ordering Amistoso to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages. The Court adds that Amistoso is liable to pay interest on all damages awarded at the legal rate of 6% per annum from the date of finality of this Decision.41?r?l1

WHEREFORE, in view of the foregoing, the instant appeal of Anastacio Amistoso y Broca is DENIED. The Decision dated August 25, 2011 of the Court of Appeals in CA-G.R. CR.-H.C. No. 04012 is AFFIRMED with the MODIFICATION that Amistoso is further OHDERED to pay interest on all damages awarded at the legal rate of 6% per annum from the date of finality of this Decision.

SO ORDERED.


Endnotes:


1 Rollo, pp. 2-13; penned by Associate Justice Ramon M. Balo, Jr. with Associate Justices Juan Q. Enriquez, Jr. and Fiorito S. MacCJiino. concurring.

2 CA rollo, 47-51; penned by Judge Jacinta B. Tambago.

3 The real name of the victim is withheld to protect her identity and privacy pursuant to Section 29 of Republic Act No. 7610, Section 44 of Republic Act No. 9262, and Section 40 of A.M. No. 04-10-11-SC. See our ruling in People v. Cabalquinto, 533 Phil. 703 (2006).

4 Records, p. 2.

5 The Information is actually dated "August 30, 3000," an obvious typographical error.

6 Records, p. 44.

7 TSN, September 3, 2003.

8 TSN, February 5, 2004.

9 TSN, September 16, 2004.

10 Records, p. 4.

11 Id. at 5.

12 Id. at 56.

13 Id. at 95.

14 Id. at 52.

15 Id. at 77.

16 Id. at 56.

17 TSN, February 5, 2004, p. 10.

18 TSN, September 20, 2005.

19 Id. at 10-11.

20 Id. at 12.

21 CA rollo, p. 51.

22 Rollo, p. 13.

23 CA rollo, p. 35.

24 People v. Banihit, 393 Phil. 465, 475-476 (2000).

25 People v. Cadampog, G.R. No. 148144, April 30, 2004, 428 SCRA 336, 345.

26 People v. Atadero, G.R. No. 183455, October 20, 2010, 634 SCRA 327, 337.

27 G.R. No. 182521, February 9, 2011, 642 SCRA 566, 579-580.

28 People v. Espino, Jr., G.R. No. 176742, June 17, 2008, 554 SCRA 682, 704.

29 G.R. No. 177749, December 17, 2007, 540 SCRA 509, 522-523.

30 TSN, September 3, 2003, pp. 12-17.

31 People v. Orillosa, G.R. Nos. 148716-18, July 7, 2004, 433 SCRA 689, 698.

32 467 Phil. 253, 274 (2004).

33 TSN, February 5, 2004, pp. 8-10.

34 Records, p. 95.

35 TSN, September 20, 2005, p. 10.

36 People v. Ardon, 407 Phil. 104, 123 (2001).

37 459 Phil. 933, 944 (2003).

38 People v. Leonardo, G.R. No. 181036, July 6, 2010, 624 SCRA 166, 199.

39 G.R. No. 174473, August 17, 2007, 530 SCRA 675, 695-696.

40 Entitled "An Act Prohibiting the Imposition of Death Penalty in the Philippines."???�r?bl?��??r�??l�l??�l?br?r�

41 People v. Arpon, G.R. No. 183563, December 14, 2011, 662 SCRA 506, 539-540.




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  • G.R. No. 193960 : January 07, 2013 - KARLO ANGELO DABALOS Y SAN DIEGO, Petitioner, v. REGIONAL TRIAL COURT, BRANCH 59, ANGELES CITY (PAMPANGA), REPRESENTED BY ITS PRESIDING JUDGE MA. ANGELICA T. PARAS­ QUIAMBAO; THE OFFICE OF THE CITY PROSECUTOR, ANGELES CITY (PAMPANGA); AND ABC, Respondents.

  • G.R. No. 172590 : January 07, 2013 - MARY LOUISE R. ANDERSON, Petitioner, v. ENRIQUE HO, RESPONDENT.

  • A.M. No. P-12-3090 (Formerly A.M. OCA IPI No. 11-3662-P) : January 07, 2013 - MARIANO T. ONG, COMPLAINANT, VS. EVA G. BASIYA-SARATAN, CLERK OF COURT, REGIONAL TRIAL COURT, ILOILO CITY, BRANCH 32, RESPONDENT.

  • G.R. No. 177751 : January 07, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FLORENCIO AGACER, EDDIE AGACER, ELYNOR AGACER, FRANKLIN AGACER AND ERIC***AGACER, ACCUSED-APPELLANTS.

  • G.R. No. 173559 : January 07, 2013 - LETICIA DIONA, REPRESENTED BY HER ATTORNEY-IN-FACT, MARCELINA DIONA, Petitioner, v. SONNY A. BALANGUE, ROMEO A. BALANGUE, REYNALDO A. BALANGUE, AND ESTEBAN A. BALANGUE, JR., RESPONDENTS.

  • G.R. No. 170634 : January 08, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO BUADO, JR. Y CIPRIANO, ACCUSED-APPELLANT.

  • G.R. No. 201716 : January 08, 2013 - MAYOR ABELARDO ABUNDO, SR., Petitioner, v. COMMISSION ON ELECTIONS AND ERNESTO R. VEGA, Respondents.

  • G.R. No. 188056 : January 08, 2013 - SPOUSES AUGUSTO G. DACUDAO AND OFELIA R. DACUDAO, Petitioners, v. SECRETARY OF JUSTICE RAUL M. GONZALES OF THE DEPARTMENT OF JUSTICE, RESPONDENT.

  • G.R. No. 180919 : January 09, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MELBA L. ESPIRITU, PRIMITIVA M. SERASPE, SIMPRESUETA M. SERASPE. A.K.A “AILEEN,” ACCUSSED, SIMPRESUETA M. SERASPE A.K.A. "AILEEN," ACCUSED-APPELLANT.

  • G.R. No. 201447 : January 09, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANASTACIO BROCA, AMISTOSO Y ACCUSED-APPELLANT.

  • G.R. No. 192050 : January 09, 2013 - NELSON VALLENO Y LUCITO, Petitioner, v. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • G.R. No. 179003 : January 09, 2013 - ANTONIO L. TAN, JR., Petitioner, v. YOSHITSUGU MATSUURA AND CAROLINA TANJUTCO, RESPONDENTS. - G.R. NO. 195816 - ANTONIO L. TAN, JR., Petitioner, v. JULIE O. CUA, RESPONDENT.

  • G.R. No. 170770 : January 09, 2013 - VITALIANO N. AGUIRRE II AND FIDEL N. AGUIRRE, Petitioners, v. FQB+7, INC., NATHANIEL D. BOCOBO, PRISCILA BOCOBO AND ANTONIO DE VILLA, RESPONDENTS.

  • G.R. No. 170498 : January 09, 2013 - METROPOLITAN BANK & TRUST COMPANY, Petitioner, v. ABSOLUTE MANAGEMENT CORPORATION, RESPONDENT.

  • G.R. No. 170022 : January 09, 2013 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. CESAR ENCELAN, RESPONDENT.

  • G.R. No. 155113 : January 09, 2013 - PHILIPPINE BANK OF COMMUNICATIONS, Petitioner, v. PRIDISONS REALTY CORPORATION, ANTONIO GONZALES, BORMACHECO, INC., NAZARIO F. SANTOS, TERESITA CHUA TEK, CHARITO ONG LEE, AND ERNESTO SIBAL, RESPONDENTS.

  • G.R. No. 185595 : January 09, 2013 - MA. CARMINIA C. CALDERON REPRESENTED BY HER ATTORNEY-IN­ FACT, MARYCRIS V. BALDEVIA, Petitioner, v. JOSE ANTONIO F. ROXAS AND COURT OF APPEALS, RESPONDENTS.

  • G.R. No. 181826 : January 09, 2013 - PEOPLE OF THE PHILIPPINES, APPELLEE, VS. HONG YEN E AND TSIEN TSIEN CHUA, APPELLANTS.

  • G.R. No. 192727 : January 09, 2013 - RAUL B. ESCALANTE, Petitioner, v. PEOPLE OF THE PHILIPPINES AND THE HONORABLE COURT OF APPEALS, FORMER SPECIAL TWENTIETH DIVISION AND EIGHTEENTH DIVISION, COURT OF APPEALS, CEBU CITY, RESPONDENTS.

  • G.R. No. 183035 : January 09, 2013 - OPTIMA REALTY CORPORATION, Petitioner, v. HERTZ PHIL. EXCLUSIVE CARS, INC., RESPONDENT.

  • G.R. No. 160932 : January 14, 2013 - SPECIAL PEOPLE, INC. FOUNDATION, REPRESENTED BY ITS CHAIRMAN, ROBERTO P. CERICOS, Petitioner, v. NESTOR M. CANDA, BIENVENIDO LIPAYON, JULIAN D. AMADOR, BOHOL PROVINCIAL CHIEF, REGIONAL DIRECTOR, AND NATIONAL DIRECTOR, RESPECTIVELY, ENVIRONMENTAL MANAGEMENT BUREAU, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AND THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, ALL SUED IN BOTH THEIR OFFICIAL AND PRIVATE CAPACITIES, RESPONDENTS.

  • G.R. No. 178611 : January 14, 2013 - ESTRELLA ADUAN ORPIANO, Petitioner, v. SPOUSES ANTONIO C. TOMAS AND MYRNA U. TOMAS, RESPONDENTS.

  • G.R. No. 182976 : January 14, 2013 - MANILA ELECTRIC COMPANY (MERALCO), Petitioner, v. ATTY. PABLITO M. CASTILLO, DOING BUSINESS UNDER THE TRADE NAME AND STYLE OF PERMANENT LIGHT MANUFACTURING ENTERPRISES AND GUIA S. CASTILLO, RESPONDENTS.

  • G.R. No. 192986 : January 15, 2013 - ADVOCATES FOR TRUTH IN LENDING, INC. AND EDUARDO B. OLAGUER, Petitioners, v. BANGKO SENTRAL MONETARY BOARD, REPRESENTED BY ITS CHAIRMAN, GOVERNOR ARMANDO M. TETANGCO, JR., AND ITS INCUMBENT MEMBERS: JUANITA D. AMATONG, ALFREDO C. ANTONIO, PETER FAVILA, NELLY F. VILLAFUERTE, IGNACIO R. BUNYE AND CESAR V. PURISIMA, RESPONDENTS.

  • G.R. No. 201796 : January 15, 2013 - GOVERNOR SADIKUL A. SAHALI AND VICE-GOVERNOR RUBY M. SAHALL, Petitioners, v. COMMISSION ON ELECTIONS (FIRST DIVISION), RASHIDIN H. MATBA AND JILKASI J. USMAN, RESPONDENTS.

  • A.M. OCA IPI No. 10-25-SB-J : January 15, 2013 - RE: COMPLAINT OF LEONARDO A. VELASCO AGAINST ASSOCIATE JUSTICES FRANCISCO H. VILLARUZ, JR., ALEX L. QUIROZ, AND SAMUEL R. MARTIRES OF THE SANDIGANBAYAN.

  • A.M. OCA IPI No. 12-202-CA-J : January 15, 2013 - RE: VERIFIED COMPLAINT OF AMA LAND, INC. AGAINST HON. DANTON Q. BUESER, HON. SESINANDO E. VILLON and HON. RICARDO R! ROSARIO, ASSOCIATE JUSTICES OF THE COURT OF APPEALS.

  • G.R. No. 191691 : January 16, 2013 - ROMEO A. GONTANG, IN HIS OFFICIAL CAPACITY AS MAYOR OF GAINZA, CAMARINES SUR, VS. PETITIONER, ENGR. CECILIA ALAYAN, RESPONDENT.

  • G.R. No. 175209 : January 16, 2013 - ROLANDO L. CERVANTES, Petitioner, v. PAL MARITIME CORPORATION AND/OR WESTERN SHIPPING AGENCIES, PTE., LTD., RESPONDENTS.

  • G.R. No. 160138 : January 16, 2013 - AUTOMOTIVE ENGINE REBUILDERS, INC. (AER), ANTONIO T. INDUCIL, LOURDES T. INDUCIL, JOCELYN T. INDUCIL AND MA. CONCEPCION I. DONATO, Petitioners, v. PROGRESIBONG UNYON NG MGA MANGGAGAWA SA AER, ARNOLD VILLOTA, FELINO E. AGUSTIN, RUPERTO M. MARIANO II, EDUARDO S. BRIZUELA, ARNOLD S. RODRIGUEZ, RODOLFO MAINIT, JR., FROILAN B. MADAMBA, DANILO D. QUIBOY, CHRISTOPHER R. NOLASCO, ROGER V. BELATCHA, CLEOFAS B. DELA BUENA, JR., HERMINIO P. PAPA, WILLIAM A. RITUAL, ROBERTO CALDEO, RAFAEL GACAD, JAMES C. CAAMPUED, ESPERIDION V. LOPEZ, JR., FRISCO M. LORENZO, JR., CRISANTO LUMBAO, JR., AND RENATO SARABUNO, RESPONDENTS.; G.R. NO. 160192 - PROGRESIBONG UNYON NG MGA MANGGAGAWA SA AER, ARNOLD VILLOTA, FELINO E. AGUSTIN, RUPERTO M. MARIANO II, EDUARDOS. BRIZUELA, ARNOLD S. RODRIGUEZ, RODOLFO MAINIT, JR., FROILAN B. MADAMBA, DANILO D. QUIBOY, CHRISTOPHER R. NOLASCO, ROGER V. BELATCHA, CLEOFAS B. DELA BUENA, JR., HERMINIO P. PAPA, WILLIAM A. RITUAL, ROBERTO CALDEO, RAFAEL GACAD, JAMES C. CAAMPUED, ESPERIDION V. LOPEZ, JR., FRISCO M. LORENZO, JR., CRISANTO LUMBAO, JR., AND RENATO SARABUNO, Petitioners, v. AUTOMOTIVE ENGINE REBUILDERS, INC., AND ANTONIO T. INDUCIL, RESPONDENTS.

  • OCA I.P.I. NO. 11-3631-RTJ : January 16, 2013 - KAREEN P. MAGTAGÑOB, COMPLAINANT, VS. JUDGE GENIE G. GAPAS-AGBADA, RESPONDENT.

  • G.R. No. 179628 : January 16, 2013 - THE MANILA INSURANCE COMPANY, INC., PETITIONER. VS. SPOUSES ROBERTO AND AIDA AMURAO, RESPONDENTS.

  • G.R. No. 199149 : January 22, 2013 - LIWAYWAY VINZONS-CHATO, Petitioner, v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL AND ELMER E. PANOTES, RESPONDENTS.; G.R. NO. 201350 - ELMER E. PANOTES, Petitioner, v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL AND LIWAYWAY VINZONS-CHATO, RESPONDENTS.

  • Adm. Case No. 6148 : January 22, 2013 - FLORENCE MACARUBBO, TEVES COMPLAINANT, VS. ATTY. EDMUNDO L. MACARUBBO, RESPONDENT. - RE: PETITION (FOR EXTRAORDINARY MERCY) OF EDMUNDO L. MACARUBBO.

  • G.R. No. 199612 : January 22, 2013 - RENATOM. FEDERICO, Petitioner, v. COMMISSION ON ELECTIONS, COMELEC EXECUTIVE DIRECTOR AND OSMUNDO M. MALIGAYA, RESPONDENTS.

  • G.R. No. 193897 : January 23, 2013 - UNIVERSITY OF THE EAST, DEAN ELEANOR JAVIER, RONNIE GILLEGO AND DR. JOSE C. BENEDICTO, Petitioners, v. ANALIZA F. PEPANIO AND MARITI D. BUENO, RESPONDENTS.

  • G.R. No. 177783 : January 23, 2013 - HEIRS OF FAUSTO C. IGNACIO, namely MARFEL D. IGNACIO MANALO, MILFA D. IGNACIO­MANALO AND FAUSTINO D. IGNACIO, Petitioners, v. HOME BANKERS SAVINGS AND TRUST COMPANY, SPOUSES PHILLIP AND THELMA RODRIGUEZ, CATHERINE, REYNOLD & JEANETTE, ALL SURNAMED ZUNIGA, RESPONDENTS.

  • Adm. Case No. 5530 - Sps. Arcing and Cresing Bautista, et al. v. Atty. Arturo Cefra

  • Adm. Case No. 6148 - Florence Teves Macarubbo, Complainant; v. Atty. Edmundo L. Macarubbo, Respondent; Re: Petition (for Extraordinary Mercy) of Edmundo L. Macarubbo

  • OCA I.P.I. No. 11-3631-RTJ - Kareen P. Magtag

  • Adm. Case No. 6475 - Fe A. Ylaya v. Atty. Glenn Carlos Gacott

  • G.R. No. 160138 - AUTOMOTIVE ENGINE REBUILDERS, INC. (AER), ANTONIO T. INDUCIL, LOURDES T. INDUCIL, JOCELYN T. INDUCIL and MA. CONCEPCION I. DONATO, Petitioners, v. PROGRESIBONG UNYON NG MGA MANGGAGAWA SA AER, ARNOLD VILLOTA, FELINO E. AGUSTIN, RUPERTO M. MARIANO II, EDUARDO S. BRIZUELA, ARNOLD S. RODRIGUEZ, RODOLFO MAINIT, JR., FROILAN B. MADAMBA, DANILO D. QUIBOY, CHRISTOPHER R. NOLASCO, ROGER V. BELATCHA, CLEOFAS B. DELA BUENA, JR., HERMINIO P. PAPA, WILLIAM A. RITUAL, ROBERTO CALDEO, RAFAEL GACAD, JAMES C. CAAMPUED, ESPERIDION V. LOPEZ, JR., FRISCO M. LORENZO, JR., CRISANTO LUMBAO, JR., and RENATO SARABUNO, Respondents.; G.R. No. 160192 - PROGRESIBONG UNYON NG MGA MANGGAGAWA SA AER, ARNOLD VILLOTA, FELINO E. AGUSTIN, RUPERTO M. MARIANO II, EDUARDO S. BRIZUELA, ARNOLD S. RODRIGUEZ, RODOLFO MAINIT, JR., FROILAN B. MADAMBA, DANILO D. QUIBOY, CHRISTOPHER R. NOLASCO, ROGER V. BELATCHA, CLEOFAS B. DELA BUENA, JR., HERMINIO P. PAPA, WILLIAM A. RITUAL, ROBERTO CALDEO, RAFAEL GACAD, JAMES C. CAAMPUED, ESPERIDION V. LOPEZ, JR., FRISCO M. LORENZO, JR., CRISANTO LUMBAO, JR., and RENA TO SARABUNO, Petitioners, v. AUTOMOTIVE ENGINEREBUILDERS, INC., and ANTONIO T. INDUCIL, Respondents.

  • G.R. No. 160932 - Special People, Inc. Foundation represented by its Chairman, Roberto P. Cericos v. Nestor M. Canda, et al.

  • G.R. No. 167158 - Virginia Judy Dy and Gabriel Dy v. Philippine Banking Corporation

  • G.R. No. 166967 - Edna J. Jaca v. People of the Philippines, et al.; G.R. No. 166974 - Alan C. Gaviola v. People of the Philippines; G.R. No. 167167 - Eustaquio B. Cesa v. People of the Philippines

  • G.R. No. 170022 - Republic of the Philippines v. Cesar Encelan

  • G.R. No. 169005 - Winston F. Garcia, in his capacity as President and General Manager of the GSIS v. Court of Appeals and Rudy C. Tesoro

  • G.R. No. 170054 - Goya, Inc. v. Goya, Inc. Employees Union-FFW

  • G.R. No. 170498 - Metropolitan Bank & Trust Company v. Absolute Management Corporation

  • G.R. No. 170634 - People of the Philippines v. Pedro Buado, Jr., y Cipriano

  • G.R. No. 170770 - Vitaliano N. Aguirre II and Fidel N. Aguirre II and Fidel N. Aguirre v. FQB+, Inc., Nathaniel D. Bocobo, Priscila Bocobo and Antonio De Villa

  • G.R. No. 171677 - Philippine National Bank, substituted by Tranche 1 (SPV-AMC), Inc. v. Rina Parayno Lim and Puerto Azul Land, Inc.

  • G.R. No. 173425 - Fort Bonifacio Develoment Corp v. Commissioner of Internal Revenue and Revenue District Officer, Revenue District No. 44, Taguig and Pateros, Bureau of Internal Revenue

  • G.R. No. 173520 - National Power Corporation v. Spouses Rodolfo Zabala and Lilia Baylon

  • G.R. No. 173559 - Leticia Diona, rep. by her attorney-in-fact, Marcelina Diona v. Romeo A. Balangue, Sonny A. Balangue, Reynaldo A. Balangue, and Esteban A. Balangue, Jr.

  • G.R. No. 174191 - Nenita Quality Foods Corporation v. Crisostomo Galabo, et al.

  • G.R. No. 174436 - Juanita Ermita

  • G.R. No. 174882 - Mondragon Personal Sales, Inc. v. Victoriano S. Sola, Jr.

  • G.R. No. 175209 - Rolando L. Cervantes v. PAL Maritime Corporation and/or Western Shipping agencies, Pte., Ltd.

  • G.R. No. 177751 - People of the Philippines v. Florencio Agacer, et al.

  • G.R. No. 177167 - Nelson B. Gan v. Galderma Philippines, Inc. and Rosendo C. Veneracion

  • G.R. No. 178312 - Land Bank of the Philippines v. Heirs of Spouses Jorja Rigor Soriano and Magin Soriano

  • G.R. No. 177783 - Heirs of Fausto C. Ignacio v. Home Bankers Savings and Trust co., et al.

  • G.R. No. 178611 - Estrella Aduan Orpiano v. Spouses Antonio C. Tomas and Myrna U. Tomas

  • G.R. No. 179003 - Antonio L Tan, Jr. v. Yoshitsugu Matsuura and Carolina Tanjutco; G.R. No. 195816 - Antonio L. Tan, Jr. v. Julie O Cua

  • G.R. No. 179382 - Spouses Benjamin C. Mamaril and Sonia P. Mamaril v. The Boy Scout of the Philippines, et al.

  • G.R. No. 179628 - The Manila Insurance Company, Inc. v. Spouses Roberto and Aida Amurao

  • G.R. No. 180036 - Situs Development Corporation, et al. v. Asia Trust Bank, et al.

  • G.R. No. 180463 - Republic of the Philippines v. AFP Retirement and Separation Benefits System, et al.

  • G.R. No. 180919 - People of the Philippines v. Simpresueta M. Seraspe, accused-appelant

  • G.R. No. 181218 - Republic of the Philippines, represented by the Department of Public Works and Highways v. Heirs of Spouses Pedro Bautista and Valentina Malabanan

  • G.R. No. 181738 - General Milling Corporation v. Violeta L. Viajar

  • G.R. No. 182457 - People of the Philippines v. Antonio Basallo y Asprec

  • G.R. No. 182976 - Manila Electric Company (MERALCO) v. Atty. P.M. Castillo, doing business under the trade name and style of Permanent Light Manufacturing Enterprises, et al.

  • G.R. No. 183035 - Optima Realty Corporation v. Hertz Phil., Exclusive, Inc.

  • G.R. No. 183896 - Syed Azhar Abbas v. Gloria Goo Abbas

  • G.R. No. 185595 - Ma. Carminia C. Calderon (formerly Ma. Carminia Calderon-Roxas), represented by her attorney-in-fact, Marycris V. Baldevia v. Jose Antonio F. Roxas

  • G.R. No. 186069 - Jesus L. Cabahug and Coronacion M. Cabahug v. National Power Corporation

  • G.R. No. 187048 - Poeple of the Philippines v. Benjamin Peteluna and Abundio Binondo

  • G.R. No. 188299 - Heirs fo Luis A. Luna, et al. v. Ruben S. Afable, et al.

  • G.R. No. 188603 - People of the Philippines v. Ramil Rarugal Alias "Amay Bisaya"

  • G.R. No. 188635 - Brenda L. Nazareth, Regional Director, Department of Science and Technology, etc. v. The Hon. Reynaldo A. Villar, Hon. Juanito G. Espino, Jr., et al.

  • G.R. No. 188768 - TML Gasket Industries, Inc. v. BPI Family Savings Bank, Inc.

  • G.R. No. 190969 - Baron A. Villanueva, et al. v. Edna R. Caparas

  • G.R. No. 191691 - Romeo A. Gontang, in his official capacity as Mayor of Gainza, Camarines Sur

  • G.R. No. 192050 - Nelson Valleno y Lucito v. People of the Philippines

  • G.R. No. 192289 - Kamarudin K. Ibrahim v. Commission on Elections and Rolan G. Buagas

  • G.R. No. 192532 - Spouses Ricardo and Elena Golez v. Spouses Carlos adn Amelita Navarro

  • G.R. No. 192986 - Advocates for Truth in Lending, Inc. & Eduardo B. Olaguer v. Bangko Sentral Monetary Board, Represented by its Chairman, Governor Armando M. Tatangco, Jr., etc.

  • G.R. No. 193507 - People of the Philippines v. Rey Monticalvo y Magno

  • G.R. No. 193643 - Antonio D. Dayao, Rolando P. Ramirez and Adelio R. Capco v. Commission on Elections and LPG Marketers; G.R. No. 193704 - Federation of the Philippine Industries, Inc. v. Commission on Elections and LPG Marketers Association, Inc.

  • G.R. No. 193897 - University of the East, Dean Eleanor Javier, Ronnie Gillego and Dr. Jose C. Benedicto v. Analiza F. Pepanio and Mariti D. Bueno

  • G.R. No. 193960 - Karlo Angelo Dabalos y San Dieo v. Regional Trial Court, Branch 59, Angeles City, etc., et al.

  • G.R. No. 194236 - People of the Philippines v. Patricio Rayon, Sr.

  • G.R. No. 194352 - Maxicare PCIB Cigna Healthcare (now Maxicare Healthcare Corporation), Eric S. Nubla, Jr. M.D. and Ruth A. Asis, M.D. v. Marian Brigitte A. Contreras, M.D.

  • G.R. No. 197384 - Sampaguita Auto Transport Corporation v. National Labor Relations Commission, et al.

  • G.R. No. 197507 - Rivulet Agro-Industrial Corporation v. Anthony Parungao, et al.

  • G.R. No. 198501 - Kestrel Shipping Co., Inc./Capt. Amador P. Servillon and Atlantic Manning Ltd. v. Francisco D. Munar

  • G.R. No. 199149 - Liwayway Vinzons-Chato v. House of Representatives Electoral Tribunal and Elmer E. Panotes; G.R. No. 201350 - Elmer E. Panotes v. House of Representatives Electoral Tribunal and Liwayway Vinzons-Chato

  • G.R. No. 199324 - Executive Secretary, et al. v. Forerunner Multi Resources, Inc.

  • G.R. No. 199338 - Eleazar S. Padillo v. Rural Bank of Nabunturan, Inc., et al.

  • G.R. No. 199612 - Renato M. Federico v. Commission on Elections, COMELEC Executive Director and Osmundo M. Maligaya

  • G.R. No. 200165 - People of the Philippines v. Reynaldo Nacua, et al. accused; Reynaldo Nacua, accused-appellant

  • G.R. No. 201447 - People of the Philippines v. Anastacio Amistoso y Broca

  • G.R. No. 202423 - Chester Uyco, et al. v. Vicente Lo

  • G.R. No. 201716 - Mayor Abelardo Abundo, Sr., v. Commission on Elections & Ernesto R. Vega

  • G.R. No. 192615 - Sps. Eugene L. Lim and Constancia Lim v. The Court of Appeals-Mindanao Station, et al.

  • G.R. No. 189355 - People of the Philippines v. Rolando Cabungan

  • G.R. No. 181826 - People of the Philippines v. Hong Yen E and Tsien Tsien Chua

  • G.R. No. 188056 - Spouses Augusto G. Dacudao and Ofelia R. Dacudao v. Secretary of Justice Raul M. Gonzales of the Department of Justice

  • G.R. No. 188179 - Henry R. Giron v. Commission on Elections; Almario E. Francisco, Federico S. Jong, Jr. and Ricardo L. Baes, Jr., Petitioners-in-Intervention

  • G.R. No. 192727 - Raul Escalante v. People of the Philippines, et al.

  • G.R. No. 201796 - Governor Sadikul A. Sahali and Vice-Governor Ruby M. Sahali v. Commission on Elections (First Division), Rashidin H. Matba and Jilkasi J. Usman

  • A.C. No. 6760 - Anastacio N. Teodoro III v. Atty. Romeo S. Gonzales

  • A.M. OCA IPI No. 10-25-SB-J - Re: Complaint of Leonardo A. Velasco against Associate Justices Francisco H. Villaruz, Jr., et al.

  • A.M. OCA IPI No. 12-202-CA-J - Re: Verified complaint of Ama Land, Inc. against Hon. Danton Q. Bueser, et al.

  • A.M. No. P-12-3090 - Mariano T. Ong v. Eva G. Basiya-Saratan, clerk of Court, RTC, Br. 32, Iloilo City

  • A.M. No. RTJ-12-2326 - Geoffrey Beckett v. Judge Olegario R. Sarmiento, Jr., RTC, Branch 24, Cebu City

  • G.R. No. 155113 - Philippine Bank of Communications v. Pridisons Realty Corporation, et al.

  • G.R. No. 172852 - City of Cebu v. Apolinio M. Dedamo, Jr.

  • G.R. No. 172590 - Mary Louise R. Anderson v. Enrique Ho

  • A.M. No. P-12-3099, January 15, 2013 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. LARRIZA P. BACANI, CLERK OF COURT IV, MUNICIPAL TRIAL COURT IN CITIES, MEYCAUAYAN, BULACAN, Respondents.

  • G.R. No. 184698, January 21, 2013 - SPOUSES ALBERTO AND SUSAN CASTRO, Petitioners, v. AMPARO PALENZUELA, FOR HERSELF AND AS AUTHORIZED REPRESENTATIVE OF VIRGINIA ABELLO, GERARDO ANTONIO ABELLO, ALBERTO DEL ROSARIO, INGEBORG REGINA DEL ROSARIO, HANS DEL ROSARIO, MARGARET DEL ROSARIO ISLETA, ENRIQUE PALENZUELA AND CARLOS MIGUEL PALENZUELA, Respondents.