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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. BAÑEZ, 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. TREÑAS, 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 PATEÑO 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 CASIÑO, 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. 209040, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO PATEÑO DAYAPDAPAN, Accused-Appellant.

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

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    G.R. No. 209040, December 09, 2015

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO PATEÑO DAYAPDAPAN, Accused-Appellant.

    R E S O L U T I O N

    PEREZ, J.:

    The subject of this review is the Decision1 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 0G788 dated 23 May 2013 which affirmed the Decision2 of the Regional Trial Court (RTC) of Bais City, Branch 45, in Criminal Case Nos. F-03-12-A, F-03-13-A, F-03-14-A, F-03-15-A, and F-03-16-A finding accused-appellant Rodolfo Pateño y Dayapdapan guilty beyond reasonable doubt of five (5) counts of rape.

    Except for the dates, the five (5) Informations identically charge accused-appellant of rape committed as follow:

    That on or about March 25, 2002 at about 10:00 o'clock in the evening at x x x, Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, the said accused, who is the father of 14-year old [AAA],3 did then and there willfully, unlawfully and feloniously by force, threat or intimidation, insert his penis into the vagina of his said daughter and had carnal knowledge of her against her will and consent.4ChanRoblesVirtualawlibrary
    On arraignment, accused-appellant pleaded not guilty. During pre-trial, both parties made the following factual stipulations:
    1. That the accused admits his identity in the five (5) cases that whenever his name is mentioned in the proceedings he is the same accused in this case;

    2. That accused admits that he is the father of the victim [AAA];

    3. That accused admits that he is living at [x x x],5 Negros Oriental; and

    4. That private complainant admits that she was a contestant in a beauty pageant involving money contribution wherein the winner is determined with the amount of money raised on occasion of the barangay fiesta of [x x x] on 5 April 2002.6
    AAA related that she was only four years old when her parents left her to the care of her aunt, BBB. AAA started living with accused-appellant only in 2000 in a two-bedroom house. On 25 March 2002 at around 10:00 p.m., AAA, then 14 years old, was awakened by accused-appellant who removed her short pants and underwear. Accused-appellant likewise took off his clothes. He threatened AAA with a scythe and ordered her to stay quiet. He then mounted her and made pumping motions. After satisfying his lust, accused-appellant left without saying a word. He proceeded to perform this bestial act on AAA for the four (4) succeeding nights.7

    When AAA could no longer bear it, she left the house and stayed in the house of her teacher from 30 March to 1 April 2002 where she intimated to the latter her harrowing experience in the hands of accused-appellant.8

    On 5 April 2002, AAA underwent a medical examination, the findings and results of which are as follow:
    - Contusion upper border iliac region, right

        - Pelvic exam:chanRoblesvirtualLawlibrary

        - With old hymenal tear at 3 & 9 o'clock positions

        - Negative for discharges

        - Admits 2 fingers with ease9ChanRoblesVirtualawlibrary
    A pastor of the United Church of Christ of the Philippines (UCCP) testified on the contents of the Membership Record Book which show that AAA was born on 10 September 1987 and was baptized on 5 June 1988. Said document also listed accused-appellant as AAA's father.

    Accused-appellant confirmed that AAA started staying with him in March 2002 but added that there were five of them living in the house of his nephew, Rene Pateño (Rene). He denied raping AAA and claimed that AAA is taking revenge because during a beauty contest in April of that year, he pinched AAA in front of her fellow contestants and barangay councilors.10 Accused-appellant's nephew, Rene testified that accused-appellant lived with him but AAA was living with his sister.11 Rene's sister Arly corroborated Rene's statement that AAA was living with her on the dates of the alleged rape incidents.12 Both witnesses speculated that AAA wrongfully accused her father of rape because she harbored a grudge towards accused-appellant who would always scold her.13

    On 27 April 2007, accused-appellant was found guilty beyond reasonable doubt of five (5) counts of rape. The dispositive portion of the Decision reads:
    WHEREFORE, premises considered, this [c]ourt finds accused RODOLFO PATEÑO y DAYAPDAPAN, guilty beyond reasonable doubt for the crime of rape for five (5) counts as provided under the provisions of Article 266-A of the Revised Penal Code, and pursuant to the provisions of par. (1) of Article 266-B, he may be meted the extreme penalty of death. But, with the passage of Republic Act No. 8353, he is thereby meted the penalty of FIVE (5) RECLUSION PERPETUAS, and with all the accessory penalties.

    He is thereby ordered to pay the victim, [AAA], the amount of FIFTY THOUSAND (P50,000.00) PESOS for actual damages and another FIFTY THOUSAND (P50,000.00) PESOS for moral damages, and to pay costs.14ChanRoblesVirtualawlibrary
    On 23 May 2013, the CA rendered the assailed judgment affirming with modification the trial court's decision, the dispositive portion of which reads:
    WHEREFORE, premises considered, the Appeal is DENIED. The Joint Decision dated April 27, 2007 of the Regional Trial Court RTC), Branch 45, Bais City in Criminal Case Nos. F-03-12-A, F-03-13-A, F-03-14-A, F-03-15-A, [and] F-03-16-A convicting Rodolfo Pateño y Dayapdapan of five (5) counts of rape and meting him the penalty of imprisonment of reclusion perpetua for each count, is hereby AFFIRMED with the MODIFICATIONS as to damages.

    Accused-appellant Rodolfo Pateño y Dayapdapan is ordered to pay the victim AAA Seventy Five Thousand Pesos (P75,000.00) as civil indemnity, Seventy Five Thousand Pesos (P75,000.00) as moral damages and Thirty Thousand Pesos (P30,000.00) as exemplary damages, for each count of rape, all with interest at the rate of 6% per annum from the date of finality of this judgment. No costs.15ChanRoblesVirtualawlibrary
    Accused-appellant filed the instant appeal. In a Resolution16 dated 18 November 2013, accused-appellant and the Office of the Solicitor General (OSG) were required to file their respective supplemental briefs if they so desired. Both parties manifested that they were adopting their respective briefs filed before the appellate court.17

    In his Brief,18 accused-appellant argues that AAA's testimony regarding the time and manner of the purported five (5) rape incidents is incredulous. Accused-appellant insists that AAA did not feel any fatherly love towards him and she had the motive to falsely accuse him of rape. Accused-appellant claimed that AAA had been reprimanded numerous times by him because of her unacceptable behavior. Finally, accused-appellant contends that the prosecution failed to prove AAA's age at the time of the commission of the alleged crime.

    The appeal is without merit.

    Accused-appellant insists that AAA's claim of sequent rape identically done is highly improbable and contrary to human experience.

    In People v. Solomon,19 we held that the victim's uniform testimony regarding the manner by which she was raped does not diminish her credibility. We explained, thus:
    Men are creatures of habit and are bound to adopt a course of action that has proven to be successful. As appellant was able to fulfill his lustful designs upon complainant the first time, it comes as no surprise that he would repeat the horrific acts when the circumstances obtaining in the first rape again presented themselves.20ChanRoblesVirtualawlibrary
    As in the aforestated case, AAA did not immediately report the incident to her teacher and instead, she suffered for four more similar incidents before she broke her silence.

    There is a plausible explanation for the conduct of the victim. The Court explained in Solomon, viz.:
    Complainant's youth partly accounts for her failure to escape appellant's lust. A young girl like complainant cannot be expected to have the intelligence to defy what she may have perceived as the substitute parental authority that appellant wielded over her. That complainant had to bear more sexual assaults from appellant before she mustered enough courage to escape his bestiality does not imply that she willingly submitted to his desires. Neither was she expected to follow the ordinary course that other women in the same situation would have taken. There is no standard form of behavior when one is confronted by a shocking incident. Verily, under emotional stress, the human mind is not expected to follow a predictable path.21ChanRoblesVirtualawlibrary
    AAA was only able to report the incident when she was away from the custody of accused-appellant and when she felt safe.

    AAA's credibility was upheld by the trial court, which is in a position to observe the candor, behavior and demeanor of the witness. Findings of the lower courts with respect to credibility of the rape victim are conclusive.

    We also cannot give credence to accused-appellant's claim that AAA was taking revenge when she filed the rape charges against accused-appellant for allegedly castigating her. No woman in her right mind, especially a young girl, would fabricate charges of this nature and severity.22

    The RTC and the CA correctly appreciated the twin qualifying circumstances of minority and relationship. Accused-appellant admitted during the pre-trial conference that AAA was his daughter. Thus, relationship between accused-appellant and AAA is established. Anent the element of minority, the prosecution presented a certification23 from the UCCP Office in Ayungon, Negros Occidental stating that AAA was baptized according to the rites and ceremonies of the UCCP. The certification shows that AAA was born on 10 September 1987 to accused-appellant and a certain Nely Fabel. A page of the UCCP Membership Book was submitted bearing the same information. It was held that a birth certificate, baptismal certificate, school records or documents of similar nature can be presented to prove the age of a victim.24 In this case, the Membership Book, which is considered an entry in official records under Section 44,25 Rule 130 of the Rules of Court, is admissible as prima facie of their contents and corroborative of AAA's testimony as to her age. Moreover, entries in public or official books or records may be proved by the production of the books or records themselves or by a copy certified by the legal keeper thereof.26

    Considering that accused-appellant committed rape qualified by the twin circumstances of minority and relationship, the proper penalty to be imposed is death. Since the imposition of the death penalty has been prohibited by Republic Act No. 9346, the lower courts properly imposed the penalty oireclusion perpetua without eligibility for parole for each count of rape.

    As to the award of damages, we deem it proper to further modify the CA's award. Pursuant to our ruling in People v. Gambao,27 AAA is thus entitled to P100,000.00 as civil indemnity, PI00,000.00 as moral damages and P 100,000.00 as exemplary damages. Finally, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of this judgment until fully paid.28

    WHEREFORE, accused-appellant Rodolfo Pateño y Dayapdapan is found GUILTY for each count of the crime of rape, qualified by minority and relationship, charged under Criminal Case Nos. F-03-12-A, F-03-13-A, F-03-14-A, F-03-15-A, and F-03-16-A and is hereby sentenced to suffer the penalty of reclusion perpetua without eligibility for parole, in lieu of death. He is also ORDERED to pay AAA the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, for each count of rape, plus legal interest at the rate of 6% per annum from the finality of this Resolution until the amounts due are fully paid.

    SO ORDERED.chanroblesvirtuallawlibrary

    Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Perlas-Bernabe, JJ., concur.chanrobleslaw

    Endnotes:


    1Rollo, pp. 3-23; Penned by Associate Justice Carmelita Salandanan-Manahan with Associate Justices Ramon Paul L. Hernando and Ma. Luisa C. Quijano-Padilla concurring.

    2 Records (Criminal Case No. F-03-12-A), pp. 158-166; Presided by Judge Ismael O. Baldado.

    3 The real names of the victim and of the members of her immediate family are withheld pursuant to Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act) and Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004).

    4 Records, p. 1.

    5 The address of appellant is withheld to protect the victim who lived with him.

    6 Records (Criminal Case No. F-03-12-A), p. 39.

    7 TSN, 24 July 2003, pp. 4-15.

    8 Id. at 16-17.

    9 Records (Criminal Case No. F-03-12-A), p. 9.

    10 TSN, 12 May 2005, pp. 3-7.

    11 TSN, 23 August 2005, p. 4.

    12 TSN, 17 July 2006, p. 5.

    13 TSN, 23 August 2005, pp. 7-8, id. at 7-8.

    14 Records (Criminal Case No. F-03-12-A), p. 166.

    15Rollo, pp. 22-23.

    16 Id. at 29.

    17 Id. at 31-33 and 37-39.

    18 CA rollo, pp. 20-33.

    19 434 Phil. 1 (2002).

    20 Id. at 21.

    21 Id.

    22People v. Cabral, 623 Phil. 809, 815 (2009).

    23 Records, p. 88.

    24People v. Jacob, 413 Phil. 542, 548 (2001).

    25 Section 44. Entries in official records. — Entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated.

    26People v. Jalosjos, 421 Phil. 43, 86 (2001).

    27 G.R. No. 172707, 1 October 2013,706 SCRA 508, 533.

    28People v. Colantava, G.R. No. 190348,9 February 2015.

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


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