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

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
December-2015 Jurisprudence                 

  • G.R. No. 212058, December 07, 2015 - STAR ELECTRIC CORPORATION, Petitioner, v. R & G CONSTRUCTION DEVELOPMENT AND TRADING, INC., Respondent.

  • G.R. No. 210445, December 07, 2015 - NILO B. ROSIT, Petitioner, v. DAVAO DOCTORS HOSPITAL AND DR. ROLANDO G. GESTUVO, Respondent.

  • G.R. No. 195547, December 02, 2015 - MA. CORAZON M. OLA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 209418, December 07, 2015 - W.M. MANUFACTURING, INC., Petitioner, v. RICHARD R. DALAG AND GOLDEN ROCK MANPOWER SERVICES, Respondent.

  • G.R. No. 197763, December 07, 2015 - SMART COMMUNICATIONS, INC., MR. NAPOLEON L. NAZARENO, AND MR. RICKY P. ISLA, Petitioners, v. JOSE LENI Z. SOLIDUM, Respondent.; G.R. No. 197836 - JOSE LENI Z. SOLIDUM, Petitioner, v. SMART COMMUNICATIONS, INC., MR. NAPOLEON L. NAZARENO, AND MR. RICKY P. ISLA, Respondent.

  • G.R. No. 207633, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHNLIE LAGANGGA Y DUMPA, Accused-Appellant.

  • G.R. No. 203115, December 07, 2015 - ISLAND OVERSEAS TRANSPORT CORPORATION/PINE CREST SHIPPING CORPORATION/CAPT. EMMANUEL L. REGIO, Petitioners, v. ARMANDO M. BEJA, Respondent.

  • G.R. Nos. 216007-09, December 08, 2015 - PEOPLE OF THE PHILIPPINES, Petitioner, v. LUZVIMINDA S. VALDEZ AND THE SANDIGANBAYAN (FIFTH DIVISION), Respondent.

  • G.R. No. 204275, December 09, 2015 - LILIOSA C. LISONDRA, Petitioner, v. MEGACRAFT INTERNATIONAL CORPORATION AND SPOUSES MELECIO AND ROSEMARIE OAMIL, Respondent.

  • G.R. No. 201652, December 02, 2015 - HEIRS OF SIMEON LATAYAN, NAMELY: LEONIDES Q. LATAYAN, ARIEL Q. LATAYAN, AND ETHEL Q. LATAYAN-AMPIL, REPRESENTED BY THEIR ATTORNEY-IN-FACT, LEONIDES Q. LATAYAN, Petitioners, v. PEING TAN, JOHNNY TAN, HERMTNIGILDO CASALAN, WEBINO VILLAREAL, DIOSCOROMOLO, DAMACINO BAYAWA, EDGAR NARITA, YOLANDA NARITA, POLICRONIA CAPIONES, ANDRES LOZANO, GREGORIO YAGAO, EMILIANO GUMATAY, JESUS ALCONTIN, ADAM DULAUON, MARIO PEREZ, LARRY CEMAFRANCA, FELIXBERTO BULADACO, CIPRIANOAHIT, BUENAVENTURA B ACALSO AND SALDE ESPIA, Respondents.

  • G.R. No. 196415, December 02, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TOLEDO POWER COMPANY, Respondent.; G.R. No. 196451 - TOLEDO POWER COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 221318, December 16, 2015 - KABATAAN PARTY-LIST, REPRESENTED BY REPRESENTATIVE JAMES MARK TERRY L. RIDON AND MARJOHARA S. TUCAY; SARAH JANE I. ELAGO, PRESIDENT OF THE NATIONAL UNION OF STUDENTS OF THE PHILIPPINES; VENCER MARI E. CRISOSTOMO, CHAIRPERSON OF THE ANAKBAYAN; MARC LINO J. ABILA, NATIONAL PRESIDENT OF THE COLLEGE EDITORS GUILD OF THE PHILIPPINES; EINSTEIN Z. RECEDES, DEPUTY SECRETARY- GENERAL OF ANAKBAYAN; CHARISSE BERNADINE I. BAŅEZ, CHAIRPERSON OF THE LEAGUE OF FILIPINO STUDENTS; ARLENE CLARISSE Y. JULVE, MEMBER OF ALYANSA NG MGA GRUPONG HALIGI NG AGHAM AT TEKNOLOHIYA PARA SA MAMAMAYAN (AGHAM); AND SINING MARIA ROSA L. MARFORI, Petitioners, v. COMMISSION ELECTIONS, ON, Respondent.

  • G.R. Nos. 197096-97, December 07, 2015 - ANTONIO Z. KING, HEREIN REPRESENTED BY HIS ATTORNEY-IN-FACT, EDGARDO SANTOS, Petitioner, v. FRANCISCO A. ROBLES, ANTONIO T. DATU, RENE A. MASILUNGAN, RESTITUTO S. SOLOMON, RODRIGO MENDOZA, ROMEO MENDOZA REYNALDO DATU, JOSEPH TIU, TERESITA TIU, ROGELIO GEBILAGUIN AND PRESCILLA GEBILAGUIN, Respondent.

  • G.R. No. 207112, December 08, 2015 - PILIPINAS TOTAL GAS, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 210855, December 09, 2015 - ROLANDO S. ABADILLA, JR., Petitioner, v. SPOUSES BONIFACIO P. OBRERO AND BERNABELA N. OBRERO, AND JUDITH OBRERO-TIMBRESA, Respondent.

  • G.R. No. 199314 [Formerly UDK No. 14553], December 07, 2015 - TAMBLOT SECURITY & GENERAL SERVICES, INC., Petitioner, v. FLORENCIO ITEM, LEONARDO PALM A, RTCARDO UCANG, FLORENCRO AMORA, REYNALDO DANO, APOLLO JOTOJOT, TEODORO BARONG, JUAN T. CUSI, TEODORO DE LOS REYES, EFREN ESCOL, JOVANNE COSE, DARIO S. GEALON, JULIO ESPADA AND DARIO PAJE, Respondent.

  • G.R. No. 192659, December 02, 2015 - PHILIPPINE RACE HORSE TRAINER'S ASSOCIATION, INC., Petitioner, v. PIEDRAS NEGRAS CONSTRUCTION AND DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 218787, December 08, 2015 - LEO Y. QUERUBIN, MARIA CORAZON M. AKOL, AND AUGUSTO C. LAGMAN, Petitioners, v. COMMISSION ON ELECTIONS EN BANC, REPRESENTED BY CHAIRPERSON J. ANDRES D. BAUTISTA, AND JOINT VENTURE OF SMARTMATIC-TIM CORPORATION, TOTAL INFORMATION MANAGEMENT CORPORATION, SMARTMATIC INTERNATIONAL HOLDING B.V. AND JARLTECH INTERNATIONAL CORPORATION, REPRESENTED BY PARTNER WITH BIGGEST EQUITY SHARE, SMARTMATIC-TIM CORPORATION, ITS GENERAL MANAGER ALASTAIR JOSEPH JAMES WELLS, SMARTMATIC CHAIRMAN LORD MALLOCH-BROWN, SMARTMATIC-ASIA PACIFIC PRESIDENT CESAR FLORES, AND ANY OR ALL PERSONS ACTING FOR AND ON BEHALF OF THE JOINT VENTURE, Respondent.

  • G.R. No. 179814, December 07, 2015 - WILFRED N.CHIOK, Petitioner, v. PEOPLE OF THE PHILIPPINES AND RUFINA CHUA, Respondents.; G.R. No. 180021 - RUFINA CHUA, Petitioner, v. WILFRED N. CHIOK, AND THE PEOPLE OF THE PHILIPPINES (AS AN UNWILLING CO-PARTY PETITIONER), Respondent.

  • G.R. No. 209324, December 09, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE BUREAU OF CUSTOMS, Petitioner, v. PILIPINAS SHELL PETROLEUM CORPORATION, Respondent.

  • G.R. No. 213832, December 07, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GILBERT MERCADO A.K.A. "BONG", Accused-Appellant.

  • G.R. No. 198270, December 09, 2015 - ARMILYN MORILLO, Petitioner, v. PEOPLE OF THE PHILIPPINES AND RICHARD NATIVIDAD, Respondent.

  • G.R. No. 215201, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK ANTHONY ROAQUIN Y NAVARRO, Accused-Appellant.

  • G.R. No. 203918, December 02, 2015 - SPOUSES AMADOR C. CAYAGO, JR. AND ERMALINDA B. CAYAGO, Petitioners, v. SPOUSES EVELITO CANTARA AND SOLEDAD CANTARA, Respondents.

  • G.R. No. 203397, December 09, 2015 - AUGUSTO ONG TRINIDAD II, AUGUSTO ONG TRINIDAD III FOR HIMSELF AND REPRESENTING LEVY ONG TRINIDAD AND ROHMEL ONG TRINIDAD, MARY ANN NEPOMUCENO TRINIDAD FOR HERSELF AND ASSISTING HER MINOR CHILDREN JOAQUIN GERARD N. TRINIDAD IV, JACOB GABRIEL N. TRINIDAD, AND JERED GYAN N. TRINIDAD, Petitioners, v. SPOUSES BONIFACIO PALAD AND FELICIDAD KAUSAPIN, Respondent.

  • G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA, OWNER, AND ENGR. JUANITO C. PAGCALIWAGAN, MANAGER, Petitioners, v. CAMILO ELARCOSA, MARLON BANDA, DANTE L. BALAMAD, RODRIGO COLANSE, CHIQUITO PACALDO, ROBINSON PANAGA, JUNIE ABUGHO, SBLVERIO NARISMA, ARMANDO GONZALES, TEOFILO ELBINA, FRANCISCO BAGUIO, GELVEN RHYAN RAMOS, JULITO SIMAN, RECARIDO PANES, JESUS TINSAY, AGAPITO CANAS, JR., OLIVER LOBAYNON, SIMEON BAGUIO, JOSEPH SALCEDO, DONIL INDINO, WILFREDO GULBEN, JESRILE TANIO, RENANTE PAMON, RICHIE GULBEN, DANIEL ELLO, REXY DOFELIZ, RONALD NOVAL, NORBERTO BELARGA, ALLAN BAGUIO, ROBERTO PAGUICAN, ROMEO PATOY, ROLANDO TACBOBO, WILFREDO LADRA, RUBEN PANES, RUEL CABANDAY, AND JUNARD ABUGHO, Respondent.

  • G.R. No. 188638, December 09, 2015 - PHILIPPINE TRANSMARINE CARRIERS, INC. AND NORTHERN MARINE MANAGEMENT, Petitioners, v. JOSELITO A. CRISTINO, DECEASED AND REPRESENTED BY HIS WIFE SUSAN B. BERDOS, Respondent.

  • G.R. No. 211543, December 09, 2015 - DOMINGO G. PANGANIBAN, Petitioner, v. PEOPLE OF THE PHILIPPINES., Respondent.

  • G.R. No. 209039, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MIRAFLOR UGANIEL LERIO, Accused-Appellant.

  • G.R. No. 209559, December 09, 2015 - ENCHANTED KINGDOM, INC., Petitioner, v. MIGUEL J. VERZO, Respondent.

  • G.R. No. 160399, December 09, 2015 - THE CITY OF ILOILO, REPRESENTED BY HON. MAYOR JERRY P. TREŅAS, Petitioner, v. HON. JUDGE RENE B. HONRADO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 29, ILOILO CITY, AND JPV MOTOR VEHICLE EMISSION TESTING & CAR CARE CENTER, CO., REPRESENTED BY JIM P. VELEZ, Respondent.

  • G.R. No. 159979, December 09, 2015 - CAPITAL INSURANCE AND SURETY CO., INC., Petitioner, v. DEL MONTE MOTOR WORKS, INC., Respondent.

  • G.R. No. 213696, December 09, 2015 - QUANTUM FOODS, INC., Petitioner, v. MARCELINO ESLOYO AND GLEN MAGSILA, Respondent.

  • G.R. No. 209040, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO PATEŅO DAYAPDAPAN, Accused-Appellant.

  • G.R. No. 166581, December 07, 2015 - SOLIDBANK CORPORATION, Petitioner, v. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, AND DANILO H. LAZARO, Respondents.; G.R. No. 167187 - DANILO H. LAZARO, Petitioner, v. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION AND SOLIDBANK CORPORATION, Respondents.

  • G.R. No. 200901, December 07, 2015 - SM INVESTMENTS CORPORATION, Petitioner, v. ESTELA MARFORI POSADAS, MARIA ELENA POSADAS AND AIDA MACARAIG POSADAS. Respondents.

  • G.R. No. 208113, December 02, 2015 - DOLORES DIAZ, Petitioner, v. PEOPLE OF THE PHILIPPINES AND LETICIA S. ARCILLA, Respondents.

  • G.R. No. 182375, December 02, 2015 - HADJA RAWIYA SUIB, Petitioner, v. EMONG EBBAH AND THE HONORABLE COURT OF APPEALS, 22ND DIVISION, MINDANAO STATION, CAGAYAN DE ORO CITY, Respondents.

  • G.R. No. 211210, December 02, 2015 - RADAR SECURITY & WATCHMAN AGENCY, INC., Petitioner, v. JOSE D. CASTRO, Respondent.

  • G.R. No. 213814, December 02, 2015 - RAFAEL B. QUILLOPA, Petitioner, v. QUALITY GUARDS SERVICES AND INVESTIGATION AGENCY AND ISMAEL BASABICA, JR., Respondents.

  • G.R. No. 193964, December 02, 2015 - ENGINEER BEN Y. LIM, RBL FISHING CORPORATION, PALAWAN AQUACULTURE CORPORATION, AND PENINSULA SHIPYARD CORPORATION, Petitioners, v. HON. SULPICIO G. GAMOSA, OFFICER-IN-CHARGE, NCIP REGIONAL HEARING OFFICE, REGION IV AND TAGBANUA INDIGENOUS CULTURAL COMMUNITY OF BARANGAY BUENAVISTA, CORON, PALAWAN, AS REPRESENTED BY FERNANDO P. AGUIDO, ERNESTO CINCO, BOBENCIO MOSQUERA, JURRY CARPIANO, VICTOR BALBUTAN, NORDITO ALBERTO, EDENG PESRO, CLAUDINA BAQUID, NONITA SALVA, AND NANCHITA ALBERTO, Respondents.

  • G.R. No. 197792, December 09, 2015 - CIVIL SERVICE COMMISSION, Petitioner, v. MADLAWI B. MAGOYAG, Respondent.

  • G.R. No. 192947, December 09, 2015 - MELANIE E. DE OCAMPO, Petitioner, v. RPN-9/RADIO PHILIPPINES NETWORK, INC., Respondent.

  • G.R. No. 204172, December 09, 2015 - HON. HERMOGENES E. EBDANE, JR., IN HIS OFFICIAL CAPACITY AS ACTING SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), ATTY. JOEL L. JACOB, IN HIS OFFICIAL CAPACITY AS OFFICER-IN-CHARGE, LEGAL SERVICE (DPWH), ATTY. OLIVER T. RODULFO, IN HIS OFFICIAL CAPACITY AS HEAD, INTERNAL AFFAIRS OFFICE, (DPWH), AND HON. JAIME A. PACANAN, IN HIS OFFICIAL CAPACITY AS REGIONAL DIRECTOR, (DPWH), REGIONAL OFFICE NO. VIII, Petitioners, v. ALVARO Y. APURILLO, ERDA P. GABRIANA, JOCELYN S. JO, IRAIDA R. LASTIMADO, AND FRANCISCO B. VINEGAS, JR., Respondents.

  • G.R. No. 215424, December 09, 2015 - ADINA B. MANANSALA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 179741, December 09, 2015 - HEIRS OF SPOUSES HILARIO MARINAS AND BERNARDINA N. MARINAS, Petitioners, v. BERNARDO FRIANEZA, RODRIGO FRIANEZA, ALEJANDRA FRIANEZA, HILARIO VILLENA, SATURNINO VILLENA, FEDERICO FLORES, PEDRO FLORES AND MARCELINA RAMOS, Respondents.

  • G.R. No. 190482, December 09, 2015 - DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY MS. FRITZI C. PANTOJA IN HER CAPACITY AS PROVINCIAL AGRARIAN REFORM OFFICER OF LAGUNA, Petitioner, v. IGMIDIO D. ROBLES, RANDY V. ROBLES, MARY KRIST B. MALIMBAN, ANNE JAMAICA G. ROBLES, JOHN CARLO S. ROBLES AND CHRISTINE ANN V. ROBLES, Respondents.

  • G.R. No. 212825, December 07, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. NEXT MOBILE, INC. (FORMERLY NEXTEL COMMUNICATIONS PHILS., INC.), Respondent.

  • G.R. No. 174387, December 09, 2015 - BF CORPORATION, Petitioner, v. WERDENBERG INTERNATIONAL CORPORATION, Respondent.

  • G.R. No. 209689, December 02, 2015 - MARISSA B. QUIRANTE, Petitioner, v. OROPORT CARGO HANDLING SERVICES, INC., ET AL. Respondents.

  • G.R. No. 202877, December 09, 2015 - NARRA NICKEL MINING AND DEVELOPMENT CORPORATION, TESORO MINING AND DEVELOPMENT, INC., AND MCARTHUR MINING, INC., Petitioners, v. REDMONT CONSOLIDATED MINES CORPORATION, Respondent.

  • G.R. No. 202947, December 09, 2015 - ASB REALTY CORPORATION, Petitioner, v. ORTIGAS & COMPANY LIMITED PARTNERSHIP, Respondent.

  • G.R. No. 213229, December 09, 2015 - FILINVEST ALABANG, INC., Petitioner, v. CENTURY IRON WORKS, INC., Respondent.

  • G.R. No. 210215, December 09, 2015 - ROGELIO S. NOLASCO, NICANORA N. GUEVARA, LEONARDA N. ELPEDES, HEIRS OF ARNULFO S. NOLASCO, AND REMEDIOS M. NOLASCO, REPRESENTED BY ELENITA M. NOLASCO Petitioners, v. CELERINO S. CUERPO, JOSELITO ENCABO, JOSEPH ASCUTIA, AND DOMILO LUCENARIO, Respondents.

  • G.R. No. 206942, December 09, 2015 - VICENTE C. TATEL, Petitioner, v. JLFP INVESTIGATION AND SECURITY AGENCY, INC., JOSE LUIS F. PAMINTUAN, AND/OR PAOLO C. TURNO, Respondents.

  • G.R. No. 209271, December 08, 2015 - INTERNATIONAL SERVICE FOR THE ACQUISITION OF AGRI-BIOTECH APPLICATIONS, INC., Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASIŅO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.; CROP LIFE PHILIPPINES, INC., Petitioner-in-Intervention.; G.R. No. 209276 - ENVIRONMENTAL MANAGEMENT BUREAU OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, BUREAU OF PLANT INDUSTRY AND FERTILIZER AND PESTICIDE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE, Petitioners, v. COURT OF APPEALS, GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, RESPONDENTS. CROP LIFE PHILIPPINES, INC. Petitioner-in-Intervention.; G.R. No. 209301 - UNIVERSITY OF THE PHILIPPINES LOS BANOS FOUNDATION, INC., Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. HARRY R. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.; G.R. No. 209430 - UNIVERSITY OF THE PHILIPPINES, Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, ATTY. HARRY R. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.

  • G.R. No. 169694, December 09, 2015 - MEGAWORLD PROPERTIES AND HOLDINGS, INC., EMPIRE EAST LAND HOLDINGS, INC., AND ANDREW L. TAN, Petitioners, v. MAJESTIC FINANCE AND INVESTMENT CO., INC., RHODORA LOPEZ-LIM, AND PAULINA CRUZ, Respondents.

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    G.R. No. 215201, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK ANTHONY ROAQUIN Y NAVARRO, Accused-Appellant.

      G.R. No. 215201, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK ANTHONY ROAQUIN Y NAVARRO, Accused-Appellant.

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    G.R. No. 215201, December 09, 2015

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK ANTHONY ROAQUIN Y NAVARRO, Accused-Appellant.

    R E S O L U T I O N

    VILLARAMA, JR., J.:

    Before us is an appeal1 from the February 19, 2014 Decision2 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 04698 which affirmed with modification appellant Mark Anthony Roaquin's conviction for the crime of rape as defined under Article 266-A of the Revised Penal Code, as amended, (RPC) in Criminal Case No. 07-2524 before the Regional Trial Court (RTC), Branch 136, Makati City.

    On October 10, 2007, appellant was accused and charged with the crime of rape against AAA,3 a 17-year-old minor. The Information4 filed by the city prosecutor reads:

    The undersigned Prosecutor, on the basis of the sworn statement of complainant, [AAA], minor, 17 years old, a copy of which is hereto attached as Annex "A" and made an integral part hereof, accuses MARK ANTHONY ROAQUIN y NAVARRO of the crime of Rape, committed as follows:chanRoblesvirtualLawlibrary

    That on or about the 7th day of October, 2007, in the City of Makati, Metro Manila, Philippines, a place within the jurisdiction of this Honorable Court, the above-named accused, by means of force, violence and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of complainant [AAA], minor, 17 years old, without her consent and against her will.

    CONTRARY TO LAW.5ChanRoblesVirtualawlibrary
    Appellant pleaded not guilty on arraignment.6 After pre-trial terminated, trial on the merits ensued.

    Prosecution's Version

    Based on the testimonies of AAA, Dr. Mamerto Bernabe, Jr., and Ventura Dacanay Jr., at around 10 o'clock in the evening of October 7, 2007, AAA left the boarding house she was staying in to walk towards a canteen in Guadalupe, Makati City where she worked. On her way and near the billiard hall in Barangay South Cembo, a certain Marlon blocked her way and forced her to go inside the billiard hall where appellant, Kevin Sales and other friends of the appellant were present. The group urged her to drink substantial amounts of Emperador brandy which left her half asleep.

    Disoriented AAA felt that she was led to the house of Kevin and brought inside a room where she fell asleep. When she woke up she saw Marlon on top of her. He had removed her shorts and underwear and placed his penis in her vagina. She tried to fight Marlon but she lost consciousness due to an asthma attack. By the time she regained consciousness, she felt that someone was on top of her again. Because of the moonlight, she was able to identify appellant as the person violating her. She tried preventing appellant by kicking him but failed to do so since appellant bit her arm. Thereafter, AAA walked, bleeding, back to the boarding house.

    She complained to the authorities the following day. On October 9, 2007, two days after the incident, she was examined by a medico-legal officer at the Philippine National Police Crime Laboratory. Results of the medical examination stated that AAA suffered multiple injuries on her right arm and deep-healed laceration at 9 o'clock position accompanied by vaginal bleeding. The report concluded that there was clear evidence of blunt penetrating trauma. It reads:
    PHYSICAL INJURIES:

    1. Ecchymosis, neck region, measuring 2 x 2 cm, 5cm left of the anterior midline;

    2. Area of multiple abrasions, & single contusion, right arm, measuring 7 x 6 cm, along its anterior midline.

    x x x x

    HYMEN: deep healed laceration at 9 o'clock position; presence of vaginal bleeding;

    x x x x

    CONCLUSION: Genital examination shows clear evidence of blunt penetrating trauma. Barring unforeseen complication, the above-stated physical injuries are estimated to heal within 5-6 days.7ChanRoblesVirtualawlibrary
    During trial, AAA identified appellant as her violator. She also related to the lower court that before taking the stand appellant's father threatened her.

    Defense's Version

    Appellant denied the allegations against him. As the defense's lone witness, appellant testified that he met AAA for the first time on October 7, 2007 while playing billiards with friends. Since it was the billiard owner's wife's birthday, someone gave AAA a drink which she took and drank. Shortly thereafter, she left the billiard hall. Appellant stayed for another two hours before going home. He called AAA's assertion a baseless claim. He stated that his father discovered that AAA, in order to extort money from others, filed cases for rape against other people which were later settled.

    The RTC found appellant guilty beyond reasonable doubt of the crime of rape, thus:
    WHEREFORE, the Court renders judgment finding the accused Mark Anthony Roaquin GUILTY beyond reasonable doubt of the crime of rape by sexual intercourse. The Court sentences him to suffer the penalty of reclusion perpetua. The Court directs the accused to indemnify the complainant [AAA] in the amounts of P50,000.00 as civil indemnity and P50,000.00 as moral damages. No costs.

    SO ORDERED.8ChanRoblesVirtualawlibrary
    On appeal, the CA affirmed with modification the RTC's decision. It found that AAA was also entitled to the award of exemplary damages. Thus:
    WHEREFORE, premises considered, the appeal is hereby DENIED. The appealed Decision dated September 29, 2010 of the Regional Trial Court (RTC), Branch 136 of Makati City in Criminal Case No. 07-2524 is hereby AFFIRMED with MODIFICATION as to the award of exemplary damages. Accordingly, the accused-appellant is hereby ordered to pay AAA the following: Php50,000.00 as civil indemnity, Php50,000.00 as moral damages and Php30,000.00 as exemplary damages.

    SO ORDERED.9ChanRoblesVirtualawlibrary
    Hence, this appeal.

    In its January 26, 2015 Resolution,10 this Court required the parties to file their supplemental briefs, but both parties manifested11 that they would no longer file the pleadings and opted to replead and adopt the arguments submitted before the CA.

    The issue for our consideration is whether the CA erred in affirming appellant's guilt beyond reasonable doubt.

    Appellant pointed to AAA's inconsistent statements while testifying. Moreover, he points out that there is a disparity between AAA's testimony and the findings of the medical report. He argues that given that the examination was conducted two days after the supposed incident, lacerations sustained by AAA should have been fresh not healed.

    We are not persuaded.

    This Court has often reiterated the guidelines in addressing the issue of credibility of witnesses. First, this Court gives the highest respect to the RTC's evaluation of the testimony of the witness, it having the distinct opportunity of observing the witness's demeanor on the stand.12 Second, absent substantial reasons, i.e. significant facts and circumstances, affecting the outcome of the case, that are shown to have been overlooked or disregarded, which would warrant the reversal of the RTC's evaluation, the appellate court is generally bound by the lower court's findings.13 Lastly, the rule is stringently applied when the CA affirms the lower court's ruling.14

    Here, appellant did not present any compelling reason to disturb the RTC and the CA's assessment of AAA's credibility. He merely attacks AAA's testimony for its supposed lack of detail without giving any additional evidence to buttress his contention. As we have stated, absent any substantial reasons that the court has overlooked facts and circumstances this Court is bound by the RTC's evaluation of the witness's credibility especially since the CA has affirmed the finding.

    We also agree with both CA and RTC that appellant is guilty beyond reasonable doubt of the crime of rape. Article 266-A(l) and Article 266-B of the R.PC defines and penalizes the crime of rape:
    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:chanRoblesvirtualLawlibrary

    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; and

    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 x

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

    Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.

    x x x x
    After a careful examination of the case's records, we find that the prosecution established that appellant had carnal knowledge of AAA under the circumstances described under Article 266-A(l). AAA consistently testified in a spontaneous and straightforward manner relative to the circumstances surrounding the incident. She stated:
    Fiscal Matira:
    I will proceed now. In the evening of October 7, 2007, before 10 o'clock in the evening, do you still remember where you were?
    A:
    Yes, sir.
    Q:
    Please tell the Court where you were?
    A:
    I just came from the boarding house, sir.
    Q:
    Going to what place?
    A:
    I was on my way to the place where 1 was working in a canteen in Guadalupe, sir.
    Q:
    Were you able to reach the canteen? 
    A:
    No, sir.
    Q:
    Why?
    A:
    Because Marlon blocked my way, sir.
    Q:
    In what place?
    A:
    At the billiard hall, sir.
    x x x x
    Q:
    You said you were blocked by Marlon in that billiard hall located at South Cembo, Makati City, will you please tell this Honorable Court how you were blocked by Marlon?
    A:
    He forced me to go inside the billiard hall, sir.
    Q:
    And because you were forced to go inside the billiard hall by Marlon, what did Marlon do after (sic) entered by means of force in that billiard hall?
    A:
    He forced me to drink liquor, sir, emperador.
    Q:
    While you were force[d] by Marlon to enter in that billiard hall and thereafter offered emperador, my question now is who was or were with you in that billiard hall together with Marlon, if there were any?
    A:
    Mark Anthony Roaquin and Kevin Sales and some other barkadas of the [appellant], sir.
    Q:
    How many bottles of emperador were consumed?
    A:
    Two long bottles of emperador, sir.
    x x x x
    Q:
    Of that two bottles of emperador, how much quantity were you able to consume at that time?
    A:
    Because I do not drink too much liquor, sir, I can say that I was able to consume maybe half of the bottle of emperador, sir.
    x x x x
    Q:
    After consuming that two bottles of emperador, what happened next?
    A:
    I was already feeling dizzy and sleepy, sir inside the billiard hall[.]
    Q:
    Considering that that was your condition at that time, what happened next?
    A:
    Because I was already feeling dizzy and sleepy and that's why I fell half [a|slecp and that was the time I felt I was being ushered towards the house of Kevin Sales.
    Q:
    Were you able to reach that house?
    A:
    Yes, sir.
    Q:
    Together with whom?
    A:
    Marlon and his other barkadas.
    Q:
    How about Mark and Kevin?
    A:
    They are also with us, sir.
    Q:
    After reaching the house of Kevin, what happened?
    A:
    Marlon brought me directly [to] the room of Kevin.
    Q:
    And after that what happened?
    A:
    I fell asleep, [sir].
    Q:
    And thereafter, what happened?
    A:
    When I woke up, somebody was already on top of me.
    Q:
    And after noticing that somebody was on top of you, what happened next?
    A:
    My shortpants and underwear was being forced to be removed, sir.
    Q:
    And what did you do when that person on top of you was forcing to remove [your| underwear and short?
    A:
    I was trying to prevent him from doing it and I tried hitting him, sir.
    Q:
    By means of what?
    A:
    My hands, sir.
    Q:
    After that what happened next?
    A:
    I was already feeling weak, sir.
    Q:
    And because you were feeling we[a]k, were you able to prevent Marlon?
    A:
    No, sir.
    Q:
    Why?
    A:
    Because he was stronger than I am, sir.
    Q:
    And because he was stronger, what do you mean?
    A:
    I cannot prevent him, sir.
    Q:
    And thereafter what happened?
    A:
    I had an asthma [attack], sir.
    Q:
    And because you were attacked by your asthma, what happened next?
    A:
    I was feeling weaker and weaker and I finally fell asleep.
    Q:
    And what did Marlon do to you?
    x x x x
    Fiscal Matira:
    You mean by rape, he forced you by inserting his private organ into [your] vagina?
    A:
    Yes, sir.
    Q:
    And after that what else happened?
    A:
    Because of the asthma [attack] that I had had and because I [lost] consciousness, I overheard that there was somebody calling the name of Marlon.
    x x x x
    Q:
    And what did Marlon do after being called?
    A:
    He went out of the room, sir.
    Q:
    And thereafter what happened?
    A:
    Somebody went on top of me again, sir.
    Q:
    And do you recognize that person?
    A:
    Yes, sir.
    Q:
    Who? What is the name?
    A:
    Mark Anthony, sir.
    Q:
    The person now being prosecuted and the one you pointed to awhile ago?
    A:
    Yes, sir.
    Q:
    And after noticing that Mark Anthony Roaquin was already on top of you, what else did you notice?
    A:
    He inserted his penis into my vagina.
    Q:
    Did you consent or not?
    A:
    No, sir.
    Q:
    In what way were you preventing insertion o[f| his private organ into your vagina?
    A:
    Through my legs, sir, I was trying to prevent him from doing it.
    Q:
    What else?
    A:
    I cannot move my arms because lie suddenly bit me, sir.
    (at this juncture the witness is trying to demonstrate by pointing to her right arm)
    Q:
    You mean he bit your right arm?
    A:
    Yes, "Kinagat niya po oko."
    Q:
    Okay, who else went on top of you at that time, if any?
    A:
    I could no longer remember, sir.
    x x x x
    Q:
    After you were [raped], first by Marlon, second by Mark, what did you do?
    A:
    I was crying, sir.
    Q:
    At that time, what else did you do?
    A:
    I was afraid but at the same time was very furious of what he had done to me, sir.15
    The same narration was repeated by AAA on cross-examination and any minor discrepancies are negligible. As to the finding of healed and not fresh lacerations, it will not negate the commission of rape. It is settled that medical evidence is merely corroborative, and is even dispensable, in proving the crime of rape.16 AAA's injuries are reflected in the medico-legal report, particularly the presence of vaginal bleeding and multiple abrasions on her right arm.17 That appellant succeeded to have carnal knowledge of AAA with the use of force and without her consent consummates the crime of rape.

    Moreover, appellant's defense of denial and alibi are inherently weak and self-serving, especially if uncorroborated.18 Denial cannot prevail over complainant's direct, positive and categorical assertion. As between a positive and categorical testimony which has the ring of truth, on one hand, and a bare denial, on the other, the former is generally held to prevail.19

    WHEREFORE, the appeal is DISMISSED for lack of merit.

    SO ORDERED.chanroblesvirtuallawlibrary

    Velasco, Jr., (Chairperson), Peralta, Mendoza,* and Reyes, JJ., concur.

    Endnotes:


    * Designated additional Member per Raffle dated April 20, 2015.

    1 CA rollo, pp. 104-105.

    2Rollo, pp. 2-12. Penned by Associate Justice Zenaida T. Galapate-Laguilles with Associate Justices Celia C. Librea-Leagogo and FranchitoN. Diamante concurring.

    3 The victim's name was substituted pursuant to Section 44 of R.A. No. 9262 or the "Anti-Violence Against Women and Their Children Act of 2004," People v. Cabalquinto, 533 Phil. 703 (2006) and Section 40, A.M. No. 04-10-11-SC.

    4 Filed on October 17, 2007.

    5 Records, p. 1.

    6 Id. at 22.

    7 Id. at 85.

    8 CA rollo, pp. 22-23. The Decision was penned by Presiding Judge Rico Sebastian D. Liwanag.

    9Rollo, p. 11.

    10 Id. at 18-19.

    11 Id. at 24-26 and 28-30.

    12People v. Prodenciado, G.R. No. 192232, December 10, 2014, p. 7.

    13 Id.

    14 Id.

    15 TSN, November 10,2008, pp. 6-13.

    16People v. Bohol, 415 Phil. 749, 760 (2001), citing People v. Lerio, G.R. No. 116729, January 31, 2000, 324 SCRA 76, 83; People v. Juntilla, 373 Phil. 351, 365 (1999).

    17 Supra note 7.

    18People v. Prodenciado, supra note 12, at 14-15.

    19People v. Bonaagua, 665 Phil. 750, 765 (2011).

    G.R. No. 215201, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK ANTHONY ROAQUIN Y NAVARRO, Accused-Appellant.


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