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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
 

   
November-2015 Jurisprudence                 

  • G.R. No. 192955, November 09, 2015 - EDILBERTO P. ETOM, JR., Petitioner, v. AROMA LODGING HOUSE THROUGH EDUARDO G. LEM, PROPRIETOR AND GENERAL MANAGER, Respondent.

  • G.R. No. 197458, November 11, 2015 - NICANOR PINLAC Y RESOLME, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 197802, November 11, 2015 - ZUNECA PHARMACEUTICAL, AKRAM ARAIN AND/OR VENUS ARAIN, M.D. DBA ZUNECA PHARMACEUTICAL, Petitioners, v. NATRAPHARM, INC., Respondent.

  • G.R. No. 179121, November 09, 2015 - MARGARITA M. BENEDICTO-MUŅOZ, Petitioner, v. MARIA ANGELES CACHO-OLIVARES, EDGARDO P. OLIVARES, PETER C. OLIVARES, CARMELA Q. OLIVARES, MICHAEL C. OLIVARES, ALEXANDRA B. OLIVARES, AND MELISSA C. OLIVARES, Respondents.; G.R. NO. 179128 - ABACUS SECURITIES CORPORATION AND JOEL CHUA CHIU, Petitioners, v. MARIA ANGELES CACHO-OLIVARES, PETER C. OLIVARES, CARMELA Q. OLIVARES, MICHAEL Q. OLIVARES, ALEXANDRA B. OLIVARES, [and] MELISSA C. OLIVARES, Respondents.; G.R. NO. 179129 SAPPHIRE SECURITIES, INC., Petitioner, v. MARIA ANGELES CACHO-OLIVARES, EDGARDO P. OLIVARES, PETER C. OLIVARES, CARMELA Q. OLIVARES, MICHAEL C. OLIVARES, ALEXANDRA B. OLIVARES, MELISSA C. OLIVARES, AND THE HON. COURT OF APPEALS, NINTH DIVISION, Respondents.

  • G.R. Nos. 217126-27, November 10, 2015 - CONCHITA CARPIO MORALES, IN HER CAPACITY AS THE OMBUDSMAN, Petitioner, v. COURT OF APPEALS (SIXTH DIVISION) AND JEJOMAR ERWIN S. BINAY, JR., Respondents.

  • A.M. No. P-15-3391, November 16, 2015 - RE: INCIDENT REPORT RELATIVE TO A CRIMINAL CASE FILED AGAINST ROSEMARIE U. GARDUCE, CLERK III, OFFICE OF THE CLERK OF COURT (OCC), REGIONAL TRIAL COURT (RTC), PARANAQUE CITY

  • G.R. No. 207041, November 09, 2015 - PEOPLE OF THE PHILIPPINES, REPRESENTED BY THE OFFICE OF THE CITY PROSECUTOR, DEPARTMENT OF JUSTICE, ROXAS CITY, Petitioner, v. JESUS A. ARROJADO, Respondent.

  • G.R. No. 176908, November 11, 2015 - PURISIMO M. CABAOBAS, EXUPERIO C. MOLINA, GILBERTO V. OPINION, VICENTE R. LAURON, RAMON M. DE PAZ, JR., ZACARIAS E. CARBO, JULITO G. ABARRACOSO, DOMINGO B. GLORIA, AND FRANCISCO P. CUMPIO, Petitioners, v. PEPSI-COLA PRODUCTS, PHILIPPINES, INC., Respondents.

  • G.R. No. 196083, November 11, 2015 - MILAGROS C. REYES, Petitioner, v. FELIX P. ASUNCION, Respondent.

  • A.C. No. 10671, November 25, 2015 - JOSEPH C. CHUA, Complainant, v. ATTY. ARTURO M. DE CASTRO, Respondent.

  • G.R. No. 199601, November 23, 2015 - PHILIPPINE COMMERCIAL INTERNATIONAL BANK (NOW BDO UNIBANK, INC., Petitioner, v. JOSEPHINE D. GOMEZ, Respondent.

  • G.R. No. 173864, November 23, 2015 - BANGKO SENTRAL NG PILIPINAS, Petitioner, v. AGUSTIN LIBO-ON, Respondent.

  • A.C. No. 10737, November 09, 2015 - ROLANDO TOLENTINO, Complainant, v. ATTY. RODIL L. MILLADO AND ATTY. FRANCISCO B. SIBAYAN, Respondents.

  • G.R. No. 193158, November 11, 2015 - PHILIPPINE HEALTH INSURANCE CORPORATION, Petitioner, v. OUR LADY OF LOURDES HOSPITAL, Respondent.

  • G.R. No. 214502, November 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANCO DARMO DE GUZMAN Y YANZON, A.K.A. DARMO YAZON Y CORTEZ, A.K.A. FRANCO DE GUZMAN Y CORTEZ, Accused-Appellant.

  • G.R. No. 202611, November 23, 2015 - ABNER MANGUBAT, Petitioner, v. BELEN MORGA-SEVA, Respondent.

  • A.C. No. 7353, November 16, 2015 - NELSON P. VALDEZ, Petitioner, v. ATTY. ANTOLIN ALLYSON DABON, JR., Respondent.

  • G.R. No. 197925, November 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDWIN DALAWIS Y HIDALGO, Accused-Appellant.

  • G.R. No. 213330, November 16, 2015 - ALELI C. ALMADOVAR, GENERAL MANAGER ISAWAD, ISABELA CITY, BASILAN PROVINCE, Petitioner, v. CHAIRPERSON MA. GRACIA M. PULIDO-TAN, COMMISSION ON AUDIT, Respondent.

  • G.R. No. 202859, November 11, 2015 - NEW FILIPINO MARITIME AGENCIES, INC., TAIYO NIPPON KISEN CO., LTD., AND ANGELINA T, RIVERA, Petitioners, v. VINCENT H. D ATAYAN -HEIR OF SIMON VINCENT H. DATAYAN III, Respondent.

  • A.M. No. MTJ-10-1760, November 16, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Petitioner, v. RETIRED JUDGE FILEMON A. TANDINCO, MUNICIPAL TRIAL COURT IN CITIES (MTCC), CALBAYOG CITY, SAMAR AND RONALDO C. DIONEDA, CLERK OF COURT OF THE MTCC, CALBAYOG CITY, SAMAR, Respondent.

  • G.R. No. 195654, November 25, 2015 - REYNALDO INUTAN, HELEN CARTE, NOEL AYSON, IVY CABARLE, NOELJAMILI, MARITES HULAR, ROLITOAZUCENA, RAYMUNDO TUNOG, ROGER BERNAL, AGUSTEV ESTRE, MARILOU SAGUN, AND ENRIQUE LEDESMA, JR., Petitioners, v. NAPAR CONTRACTING & ALLIED SERVICES, NORMAN LACSAMANA, JONAS INTERNATIONAL, INC., AND PHILIP YOUNG, Respondent.

  • G.R. No. 179257, November 23, 2015 - UNITED ALLOY PHILIPPINES CORPORATION, Petitioner, v. UNITED COCONUT PLANTERS BANK [UCPB] AND/OR PHILIPPINE DEPOSIT INSURANCE CORPORATION [PDIC], JAKOB VAN DER SLUIS AND ROBERT T.CHUA, Respondent.

  • G.R. No. 187464, November 25, 2015 - CABIB ALONTO TANOG, Petitioner, v. HON. RASAD G. BALINDONG, Acting Presiding Judge, Regional Trial Court, Branch 8, 12th Judicial Region, MARAWI CITY, AND GAPO SIDIC, Respondent.

  • G.R. No. 205760, November 09, 2015 - FRANCISCO T. INOCENCIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 199087, November 11, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JERRY PUNZALAN AND PATRICIA PUNZALAN, Accused-Appellants.

  • G.R. No. 203883, November 10, 2015 - HOMEOWNERS ASSOCIATION OF TALAYAN VILLAGE INC., Petitioner, v. J.M. TUASON & CO., INC., TALAYAN HOLDINGS, INC., QUEZON CITY MAYOR AND EQUITABLE BANKING CORPORATION (NOW BANCO DE ORO BANKING CORPORATION), Respondents.; G.R. NO. 203930 - J.M. TUASON & CO., AND TALAYAN HOLDINGS, INC., Petitioner, v. HOMEOWNERS ASSOCIATION OF TALAYAN VILLAGE, INC. AND QUEZON CITY MAYOR, Respondent.

  • G.R. No. 217456, November 24, 2015 - MARILOU S. LAUDE AND MESEHILDA S. LAUDE, Petitioners, v. HON. ROLINE M. GINEZ-JABALDE, PRESIDING JUDGE, BRANCH 74, REGIONAL TRIAL COURT OF THE CITY OF OLONGAPO; HON. PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY; HON. ALBERT F. DEL ROSARIO, SECRETARY OF THE DEPARTMENT OF FOREIGN AFFAIRS; HON. GEN. GREGORIO PIO P. CATAPANG, CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES; HON. EMILIE FE DELOS SANTOS, CHIEF CITY PROSECUTOR OF OLONGAPO CITY; AND L/CPL JOSEPH SCOTT PEMBERTON, Respondent.

  • G.R. No. 202664, November 20, 2015 - MANUEL LUIS C. GONZALES AND FRANCIS MARTIN D. GONZALES, Petitioners, v. GJH LAND, INC. (FORMERLY KNOWN AS S.J. LAND, INC.), CHANG HWAN JANG A.K.A. STEVE JANG, SANG RAK KIM, MARIECHU N. YAP, AND ATTY. ROBERTO P. MALLARI II, Respondent.

  • G.R. No. 193821, November 23, 2015 - PHIL-AIR CONDITIONING CENTER, Petitioner, v. RCJ LINES AND ROLANDO ABADILLA, JR., Respondent.

  • A.C. No. 8507, November 10, 2015 - ELENA BIETE LEONES VDA. DE MILLER, Complainant, v. ATTY. ROLANDO B. MIRANDA, Respondent.

  • G.R. No. 211056, November 10, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BIENVENIDO REMEDIOS y SARAMOSING, Accused-Appellant.

  • G.R. No. 205915, November 10, 2015 - ASSET POOL A (SPV-AMC), INC., Petitioner, v. CLARK DEVELOPMENT CORPORATION, Respondent. - JUDGMENT [BASED ON COMPROMISE AGREEMENT]

  • G.R. No. 203087, November 23, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDGARDO ZABALA y BALADA AND ROMEO ALBIUS JR. y BAUTISTA, Accused-Appellants.

  • G.R. No. 201830, November 10, 2015 - OFFICE OF THE OMBUDSMAN, REPRESENTED BY HON. CONCHITA CARPIO MORALES, IN HER CAPACITY AS TANODBAYAN, AND HON. GERARD A. MOSQUERA, IN HIS CAPACITY AS DEPUTY OMBUDSMAN FOR LUZON, Petitioners, v. ROGER F. BORJA, Respondent.; G.R. NO. 201882 - LERMA S. PRUDENTE AND DAMASO T. AMBRAY, Petitioners, v. ROGER F. BORJA, Respondent.

  • G.R. No. 188372, November 25, 2015 - BEAMS PHILIPPINE EXPORT CORPORATION, Petitioner, v. MARIANITA CASTILLO AND NIDA QUIRANTE, Respondents.

  • G.R. No. 195194, November 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. KAMAD AKMAD Y ULIMPAIN @ "MHADS" AND BAINHOR AKMAD Y ULIMPAIN @ "BHADS,", Accused-Appellants.

  • G.R. No. 188118, November 23, 2015 - FEDERAL PHOENIX ASSURANCE CO., LTD., Petitioner, v. FORTUNE SEA CARRIER, INC., Respondent.

  • G.R. No. 207105, November 10, 2015 - ARSENIO A. AGUSTIN, Petitioner, v. COMMISSION ON ELECTIONS AND SALVADOR S. PILLOS, Respondent.

  • G.R. No. 210616, November 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDDIE SALIBAD Y DILO, Accused-Appellant.

  • G.R. No. 174115, November 09, 2015 - PUNONGBAYAN AND ARAULLO (P&A), BENJAMIN R. PUNONGBAYAN., JOSE G. ARAULLO, GREGORIO S. NAVARRO, ALFREDO V. DAMIAN AND JESSIE C. CARPIO, Petitioners, v. ROBERTO PONCE LEPON, Respondent.

  • G.R. No. 189229, November 23, 2015 - REYNALDO NOBLADO, JIMMY ARAGON, ARTURO MALAYO, MARCIANO VICTORIA, ELINO DALANON, JOSE ESTRIL, DOMINGO MALUPENG, ALFREDIE RAYTA, ROMULO RECOMES, ADRIAN VERCELES, RUEL MAD RON A, RUBEN MIRAFUENTES, ARNULFO MALAYO, JAIME REMIAS, JELMER BEROLLA, EDIL CASTILLO, FELICIDAD ROSIMA, MITCHEL VICTORIA, DANIEL MALUPENG, ZOSIMO RANAS, ROSIETA RAYTA, RAFAEL TUMIMBANG, FLORENCIO VICTORIA, ERNESTO VICTORIA, CERIA ORTIZ, RAUL ADRA, AND VICENTE CUACHIN, SUBSTITUTED BY HIS LEGAL HEIRS, NAMELY: LILIA LORENO CUACHIN, NILO L. CUACHIN, LEONARDO L. CUACHIN, JUDITH L. CUACHIN, VILMA CUACHIN LLANZANA, ELVIE CUACHIN MANTES, CRISTINA CUACHIN SARCIA, LILIBETH CUACHIN BELORIA, AIDA CUACHIN MIRANDILLA, JULIET CUACHIN AWA, Petitioners, v. PRTNCESITA K. ALFONSO, Respondent.

  • G.R. No. 208842, November 10, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. REYNALDO SIMBULAN ARCEO, Accused-Appellant.

  • G.R. No. 162032, November 25, 2015 - RURAL BANK OF MALASIQUI, INC., Petitioner, v. ROMEO M. CERALDE AND EDUARDO M. CERALDE, JR., Respondent.

  • G.R. No. 175378, November 11, 2015 - MULTI-INTERNATIONAL BUSINESS DATA SYSTEM, INC., Petitioner, v. RUEL MARTINEZ, Respondent.

  • A.M. No. P-11-2992 (Formerly A.M. No. 11-8-156-RTC), November 09, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ROGER D. COREA, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 39, POLOMOLOK, SOUTH COTOBATO, Respondent.

  • G.R. No. 215471, November 23, 2015 - MARLOW NAVIGATION PHILIPPINES INC., MARLOW NAVIGATION CO. LTD./ CYPRUS, LIGAYA C. DELA CRUZ AND ANTONIO GALVEZ, JR., Petitioners, v. BRAULIO A. OSIAS, Respondent.

  • G.R. No. 210603, November 25, 2015 - EDITHA B. SAGUIN AND LANI D. GRADO, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 209284, November 10, 2015 - RENEE B. TANCHULING, AND THE HEIRS OF VICENTE N. Y. TANCHULING, NAMELY REBECCA TANCHULING-TAN, RITA TANCHULING-MAPA, ROSEMARIE TANCHULING-SALINAS, AND VINCENT RAYMOND B. TANCHULING, Petitioners, v. SOTERO C. CANTELA, Respondent.

  • G.R. No. 206593, November 10, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAMONITO B. ASIGNAR, Accused-Appellant.

  • G.R. No. 213679, November 25, 2015 - JAY H. LICAYAN, Petitioner, v. SEACREST MARITIME MANAGEMENT, INC., CLIPPER FLEET MANAGEMENT, A/S AND/OR REDENTOR ANAYA, Respondent.

  • G.R. No. 192629, November 25, 2015 - FILINVEST LAND, INC., Petitioner, v. EDUARDO R. ADIA, LITO M. ADIGUE, CANDIDO M. AMPARO, MARINO S. AMPARO, RODOLFO S. AMPARO, FLORDELIZA L. ARIAS, BALBINO M. ATIENZA, PEDRO M. ATIENZA, DALMACIO C. AVANILLA, PASTOR M. AVANILLA, VENACIO P. BAUTISTA, RODOLFO S. BERGADO, ENRIQUE R. BRABANTE, EMMA D. BUBAN, JUANITO A. CANDARE, ROMEO O. CANDARE, ANTONIO M. CATAPANG, EDUARDO A. CATAPANG, GRACIANO C. CATAPANG, HERMINIO V. CATAPANG, JUANA P. CATAPANG, REYNALDO P. CATAPANG, ROMEO A. CATAPANG, RODOLFO A. CATAPANG, VICTORIANO A. CATAPANG, JUAN D. CENTOS, FERNANDO B. CERNETCHEZ, EDUARDO C. CREENCIA, ARNEL N. M. CREMA, REYNALDO B. CRISTAL, MOISES CUBCUBIN, DELSO POBLETO, SALVADOR M. DE LEON, MELQUIADES P. DESCALSO, GREGORIO P. DINO, ROBERTO L. DOMINO, CELSO R. ESCALLAR, ARMAND P. ESCUADRO, ELISA C. FELICIANO, PASTOR C. FERRER, ERLINDO M. FORMARAN, LEONARDO D. GARINO, RAFAEL R. GRANADO, ALMARIO IBANEZ, CASIMIRO P. IBANEZ, CEFERINO P. IBANEZ, MIGUEL V. IBANEZ, MONTANO V. IBANEZ, CESAR N. JECIEL, ALFREDO B. LAURENTE, EFIGENIA B. LAURENTE, CELSO C. MEDINA, EDUARDO A. PANGANIBAN, ROMEO C. PASCUA, DANILO L. PAULMINO, LAURO A. PEGA, LEONARDO M. PEREZ, FELIPE V. PETATE, LEONARDO V. PETATE, ESTANISLAO PORTO, MAXIMO D. PORTO, GREGORIO L. REYES, JOSE L. REYES, LEONARDO M. SALINGYAGA, DEMETRIO A. SALONGA, MANOLITO G. SORILLA, HERMOGENES L. TORRES, JUANITO M. TORRES, MARIANO B. TAGLE, MARIO D. TAGLE, AND SANCHO V. VILLA, Respondents.

  • G.R. No. 185058, November 09, 2015 - JOVITA S. MANALO, Petitioner, v. ATENEO DE NAGA UNIVERSITY, FR. JOEL TABORA AND MR. EDWIN BERNAL, Respondent.

  • G.R. No. 217380, November 23, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO CUESTA Y ASTORGA A.K.A BOYET CUBILLA Y QUINTANA, Accused-Appellant.

  • G.R. No. 189509, November 23, 2015 - METROPOLITAN BANK & TRUST COMPANY, Petitioner, v. G & P BUILDERS, INCORPORATED, SPOUSES ELPIDIO AND ROSE VIOLET PARAS, SPOUSES JESUS AND MA. CONSUELO PARAS AND VICTORIA PARAS, Respondents.

  • G.R. No. 208844, November 10, 2015 - F & S VELASCO COMPANY, INC., IRWIN J. SEVA, ROSINA B. VELASCO-SCRIBNER, MERCEDEZ SUNICO, AND JOSE SATURNINO O. VELASCO, Petitioners, v. DR. ROMMEL L. MADRID, PETER PAUL L. DANAO, MANUEL L. ARIMADO, AND MAUREEN R. LABALAN, Respondents.

  • G.R. No. 170458, November 23, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY ASSET PRIVATIZATION TRUST, NOW PRIVATIZATION AND MANAGEMENT OFFICE (PMO), Petitioner, v. VIRGILIO M. TATLONGHARI, DOMINGO P. UY, GUILLERMO P. UY, HINOSAN MOTORS CORPORATION, AND WESTERN GUARANTY CORPORATION, Respondents.

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    G.R. No. 197458, November 11, 2015 - NICANOR PINLAC Y RESOLME, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

      G.R. No. 197458, November 11, 2015 - NICANOR PINLAC Y RESOLME, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    G.R. No. 197458, November 11, 2015

    NICANOR PINLAC Y RESOLME, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

    D E C I S I O N

    DEL CASTILLO, J.:

    This Petition filed under Rule 45 of the Rules of Court assails the March 29, 2011 Decision1 of the Court of Appeals (CA) which affirmed with modification the ruling2 of the Regional Trial Court (RTC) of Olongapo City, Branch 72, finding petitioner Nicanor Pinlac (petitioner) guilty of violation of Section 5(b), Article III of Republic Act (RA) No. 7610 (otherwise known as the Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act), which provides:chanRoblesvirtualLawlibrary

    SEC. 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit or any other consideration or due to the coercion or influence of any adult syndicate or group, indulge in sexual intercourse or lascivious conduct are deemed to be children exploited in prostitution and other sexual abuse.

    The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

    x x x x

    (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: x x xChanRoblesVirtualawlibrary
    The prosecution established that on the evening of March 9, 1997, "AAA,"3 a 14-year old boy, went with petitioner to the Kale Beach Resort in Subic, Olongapo City for initiation rites in a fraternity founded by the latter. After succumbing to petitioner's "persuasion" to drink alcohol and smoke marijuana, "AAA" lost control of himself ("nawala ako sa sarili"). While in a daze, stupor, or near total unconsciousness, petitioner isolated "AAA" from his companions and other fraternity recruits, forcibly disrobed "AAA", and performed oral sex on him by sucking his penis until he ejaculated. The following day or on March 10, 1997, petitioner again performed oral sex on "AAA" after convincing him anew to ingest alcohol and to smoke marijuana.

    Petitioner denied the charges against him. He disclaimed that he was at the Kale Beach Resort in Subic, Olongapo City on March 9, 1997; that "AAA" underwent initiation to join a fraternity; that he isolated "AAA" from his companions and other fraternity recruits; that he forcibly disrobed "AAA" and performed oral sex on him; that he sucked "AAA's" penis until "AAA" ejaculated; and that on March 10, 1997, he again performed oral sex on "AAA" after convincing the latter anew to ingest alcohol and to smoke marijuana. He claimed that he was a candidate for barangay kagawad at the time and that he was too pre-occupied then campaigning for that post, so that he could find no time at all for some other activities, including the commission of the alleged acts of lasciviousness imputed to him. He insisted that this case was instigated by "BBB," "AAA's" mother, who was also running for the position of barangay kagawad.

    Ruling of the Regional Trial Court

    The RTC did not lend credence to the version of petitioner. In a Decision dated January 6, 2010, it found petitioner guilty beyond reasonable doubt of having violated Section 5(b), Article III of RA 7610, thus:chanRoblesvirtualLawlibrary
    On the basis of the foregoing evidence presented, the Court finds and so holds that the prosecution has presented the required evidence to prove the guilt of the accused beyond reasonable doubt [of] [violation of Section 05 (b) of Article III of Republic Act 7610.

    Prosecution evidence would show that on March 9, 1997 accused brought the victim [AAA,] a minor, together with other persons to Kale Beach Resort located in Subic at around 7:00 o'clock in the evening as part of their initiation as x x x recruits of the fraternity founded by the accused. At the said place, the accused let [AAA] take alcohol, marijuana, and drugs as part of their initiation. After taking drugs and marijuana the victim lost control of himself (nawala sa sarili) because he was "high["] at that time. Seeing the situation of the victim, the accused asked their companions to leave the place leaving him (accused) and the victim in the said place. While the victim was [in that] condition, and taking advantage of such condition of the victim, the accused sucked his penis. The following day, particularly on March 10, 1997, the accused did the same thing to the victim, that is, sucking again the minor victim's penis while lying on the sand. Before the accused sucked his penis, the accused [first] took off x x x his shirt and pants. The victim was [then still] drunk and "high" on drugs.

    It was very clear that the prosecution was able to present a complete picture detailing how the accused sexually abused the minor victim by sucking his penis [on] the night of March 9, 1997 and also on the following day while the victim was under the influence of liquor and dangerous drugs.

    On the other hand, accused['s] defense is merely denial. He denied having in [his] company x x x the victim on said dates. His denial was also corroborated by a witness who happened to be his friend. The court is not persuaded by the version of the accused insinuating that the filing of the instant case was concocted and instigated by the mother of the minor victim and that the victim had asked forgiveness for the same. For one, it is very apparent that the accused was just concocting [a] story to exculpate himself. Accused stated that there was no occasion on said dates and prior thereto that he was with the victim because he was always with Leslie Enciro who always accompanied him in his campaign sorties as a candidate for barangay kagawad. This is, however, hard to believe. The testimony of Leslie Enciro that there was no time that she was not [in] the company of the accused on said dates due to their campaign activities even made the defense more unreliable. Denial and alibi are the weakest defense in criminal cases. (People vs. Bulan 459 SCRA 550). Settled is the rule that denial is essentially the weakest defense and it can never overcome an affirmative testimony particularly when it comes from the mouth of a credible witness (People vs. Mendoza 450 SCRA 328).

    x x x x

    Section 5(b) of Republic Act 7610 provides:

    Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who, for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

    The penalty of in its medium period, to reclusion perpetua shall be imposed upon the following:chanRoblesvirtualLawlibrary
    x x x x

    (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: x x xChanRoblesVirtualawlibrary
    Undoubtedly, the accused's act of sucking the penis of the minor victim amounts to lascivious conduct. Hence, there is no doubt that the accused is guilty of the crime charged against him.4ChanRoblesVirtualawlibrary
    Thereafter, the RTC disposed decretally as follows -
    WHEREFORE, in view of the foregoing considerations, the Court finds the accused NICANOR PINLAC Y RESOLME GUILTY beyond reasonable doubt for Violation of Section 5 (b) of Republic Act 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act) and hereby sentences him to suffer the indeterminate imprisonment of TWELVE YEARS (12) YEARS and ONE (1) DAY of Reclusion Temporal as the minimum to FIFTEEN (15) YEARS SIX MONTHS and TWENTY DAYS of Reclusion Temporal as the maximum, and for the accused to pay the sum of THIRTY THOUSAND PESOS (P30,000.00) as moral damages.

    SO ORDERED.5ChanRoblesVirtualawlibrary
    Proceedings before the Court of Appeals

    On appeal, petitioner challenged "AAA's" credibility by citing alleged inconsistencies in his testimony vis-a-vis the testimony of his mother, "BBB." He likewise questioned why it took "AAA" 10 months to report the crime to the authorities. He also asserted that the judge who penned the Decision was not the judge6 who tried and heard the case, hence, did not allegedly have the opportunity to personally observe the deportment and demeanor of the prosecution witnesses who gave the testimonies that led to his conviction.

    Dismissing petitioner's arguments, the CA held that the government's case was erected upon actual, incontrovertible facts which proved beyond reasonable doubt that petitioner did in fact commit the crime set forth under Section 5(b), Article III of RA 7610 i.e., performing lascivious acts upon a child exploited in prostitution or subjected to sexual abuse, and that the child-victim, in this case "AAA" as clearly and specifically spelled out in the trial court's discussion, was below 18 years of age.

    The CA stressed that -
    In the instant case, the act of accused-appellant in disrobing the minor AAA, who was then under the influence of illegal drugs and liquor after he was made to take them by accused-appellant, and thereafter, sucking AAA's penis, is clearly a lascivious conduct performed by accused-appellant on AAA.

    A child is deemed exploited in prostitution or subjected to other sexual abuse, when the child indulges in sexual intercourse or lascivious conduct (a) for money, profit, or any other consideration; or (b) under the coercion or influence of any adult, syndicate or group. The law covers not only a situation in which a child, through coercion or intimidation, engages in any lascivious conduct. The very title of Section 5, Article III (Child prostitution and Other Sexual Abuse) of RA 7610 shows that it applies not only to a child subjected to prostitution but also to a child subjected to other sexual abuse. A child is deemed subjected to "other sexual abuse" when he or she indulges in lascivious conduct under the coercion or influence of any adult. In the instant case, accused-appellant influenced minor AAA to go to Sta. Cruz, Zambales; made him to take' drugs and drink liquor; and when he was already high and out of control, accused-appellant performed lascivious conduct on AAA.

    When the said lascivious conduct was performed on 09 and 10 March 1997 by accused-appellant on AAA, the latter was fourteen years old. As indicated in his Certificate of Live Birth (Exhibit "A"), AAA was born on 21 August 1982. During the pre-trial, the defense stipulated on AAA's birth certificate (Exhibit "A"). BBB, the mother of AAA, also testified that AAA was born on 21 August 1982. AAA further testified that he was born on 21 August 1982.7ChanRoblesVirtualawlibrary
    The CA gave short shrift to petitioner's pale and stale alibi and denial of the sexual abuse charges, appropriately characterizing these as "weak and self-serving." The CA held such a characterization both telling and compelling in light of "AAA's" positive and categorical assertions graphically detailing the lewd and lascivious acts perpetrated by the petitioner.

    Regarding "AAA's" alleged delay of 10 months in reporting the incident to the authorities, the CA held that there is no behavioral norm that victims of sexual abuse follow in respect to the time-frame for making such report, each case being determined by its peculiar milieu and setting; and that assuming for argument's sake that there was indeed some delay in this case, such delay should not be construed as implying that the accusation might not have been true at all especially in light of the fact that the victim was a minor.8

    Anent petitioner's contention that the judge who wrote the Decision was not the judge who presided over the trial and did not have the opportunity to personally observe the deportment and demeanor of the witnesses and hence was not in a position to calibrate the credibility of these witnesses, the CA ruled that -
    x x x The fact that the judge who heard the evidence was not himself the one who prepared, signed and promulgated the decision constitutes no compelling reason to jettison his findings and conclusions, and does not per se render his decision void. The validity of a decision is not necessarily impaired by the fact that its ponente only took over from a colleague who had earlier presided at the trial. x x x9ChanRoblesVirtualawlibrary
    On March 29, 2011, the CA rendered judgment as follows:chanRoblesvirtualLawlibrary
    WHEREFORE, premises considered, the appeal is DENIED. The Decision dated 06 January 2010 of the Regional Trial Court of Olongapo City, Branch 72, in Criminal Case No. 79-1999 finding accused-appellant Nicanor Pinlac y Resolme guilty beyond reasonable [doubt] for violation of Section 5 (b), Article III of Republic Act No. 7610, is AFFIRMED with MODIFICATION in that, accused-appellant is hereby sentenced to suffer the indeterminate penalty of imprisonment of 8 years and 1 day of prision mayor, as minimum, to 17 years, 4 months and 1 day of reclusion temporal, as maximum, and to pay a fine of P15,000.00; and for him to pay the victim AAA the amounts of P20,000.00 as civil indemnity, and P15,000.00 as moral damages. Costs against accused-appellant.
     cralawlawlibrary
    SO ORDERED.10ChanRoblesVirtualawlibrary
    Hence, this Petition raising the sole issue of:chanRoblesvirtualLawlibrary
    Whether x x x the Court of Appeals erred in giving credence to the testimony of "AAA."11ChanRoblesVirtualawlibrary
    ChanRoblesVirtualawlibrary
    Our Ruling

    Petitioner claims that the CA erred in its "findings of facts."12 He avers that the factual finding of the CA that the crime was committed at Kale Beach Resort, Sta. Cruz, Zambales was erroneous; he posits that Kale Beach Resort is in Olongapo City and not Sta. Cruz which is another local government unit.13 Petitioner next insists that the appellate court erred in its assessment of "AAA's" credibility.14

    The Petition lacks merit.

    It must be stressed that only questions of law may be raised in a petition for review filed under Rule 45 of the Rules of Court. The issue raised by petitioner as well as his arguments pertains to factual findings which are not within the ambit of a petition for review. Our ruling in Ortega v. People15 is pertinent: "The petition being a petition for review, the jurisdiction of this Court is confined to reviewing questions of law."16

    In any event, we find no cogent reason to set aside the findings of the trial court which were affirmed by the CA. After a thorough review of the records of this case, we find that the CA Decision squares with the evidence and with the law as well as with the jurisprudential doctrines laid down by this Court. Both the RTC of Olongapo City, Branch 72 and the CA reached the correct conclusion that petitioner was indeed guilty beyond reasonable doubt of having violated Section 5(b), Article in of RA 7610. We find, as did the RTC and the CA, that the State had satisfactorily established the following elements constitutive of the offense charged: "(1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the said act is performed with a child exploited in prostitution or subjected to sexual abuse; and (3) the child, whether male or female, is below 18 years of age."17 In this case "AAA" was 14 years and eight months old when he was subjected to sexual abuse by the herein petitioner on March 9 and 10, 1997. This Court thus finds no reversible error in the assailed Decision.

    Penalties and Awards of Damages

    Under Section 5, Article III of RA 7610, the penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed on those who commit acts of lasciviousness with a child exploited in prostitution or subjected to other sexual abuse. Notwithstanding the fact that RA 7610 is a special law, the petitioner in this case may enjoy the benefits of the Indeterminate Sentence Law.18 In applying the Indeterminate Sentence Law, the penalty next lower in degree is prision mayor in its medium period to reclusion temporal in its minimum period. Thus, the CA correctly imposed the indeterminate sentence of eight (8) years and one (1) day of prision mayor as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal as maximum.

    The CA likewise correctly ordered petitioner to pay "AAA" the following amounts: P20,000.00 in the concept of civil indemnity, P15,000.00 as moral damages, and a fine of P15,000.00 pursuant to Section 31(f), Article XII of RA 7610.19 In addition, this Court also orders petitioner to pay "AAA" P15,000.00 by way of exemplary damages.20

    Finally, we note that the RTC, in an Order21 dated January 21, 2010, allowed petitioner to enjoy his provisional liberty by posting an appeal bond thru Monarch Insurance Company, Inc. in the amount of P80,000.00 under Bond No. JCR(2) 1004159.22 In conformity with this Decision, the bondsman, Monarch Insurance Company, Inc. is directed to surrender petitioner to the court of origin. In turn, the RTC of Olongapo City, Branch 72 is directed to order the transmittal of petitioner to the Bureau of Corrections.

    WHEREFORE, the Petition is DENIED. The Decision dated March 29, 2011 of the Court of Appeals in CA-GR. CR. No. 33169 finding petitioner Nicanor Pinlac y Resolme guilty beyond reasonable doubt of having violated Section 5(b), Article III of Republic Act No. 7610, and sentencing him to suffer the indeterminate penalty of imprisonment ranging from eight (8) years and one (1) day oiprision mayor, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum, and to pay the victim "AAA" the amounts of P20,000.00 as civil indemnity, P15,000.00 as moral damages, and P15,000.00 by way of fine is AFFIRMED, subject to the MODIFICATIONS that petitioner is also ordered to pay "AAA" P15,000.00 in the concept of exemplary damages. All damages awarded shall earn interest at the rate of 6% per annum from finality of this Decision until fully paid.

    The bondsman, Monarch Insurance Company, Inc. is DIRECTED to surrender the person of petitioner to the Regional Trial Court of Olongapo City, Branch 72 within 10 days from notice and to make a REPORT of the fact of surrender to this Court, also within 10 days. The Regional Trial Court of Olongapo City, Branch 72 is DIRECTED to order or cause the transfer of petitioner to the Bureau of Corrections within 10 days from the time petitioner was turned over, and to make a report to this Court of such transfer, also within 10 days. Finally, the Bureau of Corrections is DIRECTED to make a report within 10 days of petitioner's confinement thereat.
     cralawlawlibrary
    SO ORDERED.
     cralawlawlibrary
    Carpio, (Chairperson), Reyes,*Perlas-Bernabe,** and Leonen, JJ., concur.

    Endnotes:


    * Per Special Order No. 2274 dated November 10, 2015.

    ** Per Special Order No. 2271 dated November 9, 2015.

    1Rollo, pp. 36-62; permed by Associate Justice Cclia C. Librea-Leagogo and concurred in by Associate Justices Remedios A. Salazar-Fernando and Michael P. Elbinias.

    2 Id. at 27-34; penned by Judge Richard A. Paradeza.

    3 Pursuant to Republic Act No. 9262, otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004" and its implementing rules, the real name of the victim, together with that of her/his immediate family members, is withheld and fictitious initials instead are used to represent her/him, both to protect her/his privacy. [People v. Cabalquinto, 533 Phil. 703 (2006)]

    4Rollo, pp. 32-34.

    5 Id. at 34.

    6 This case was originally tried by Judge Eliodoro G. Ubiadas, and at a certain stage of the proceedings by Judge Josefina D. Farrales.

    7Rollo, p. 53.

    8People v. Llanas, Jr., 636 Phil. 611, 623 (2010).

    9Rollo, p. 56.

    10 Id. at 59.

    11 Id. at 14.

    12 Id. at 15.

    13 Id. at 16.

    14 Id. at 17-18.

    15 595 Phil. 1103 (2008).

    16 Id. at 1113.

    17People v. Fragante, 657 Phil. 566, 584 (2011).

    18 See People v. Leonardo, 638 Phil. 161, 198 (2010).

    19 Section 31. Common Penal Provisions.

    x x x x

    (f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense.

    20People v. Rayon, Sr., G.R. No. 194236, January 30, 2013, 689 SCRA 745, 761.

    21 Records, p. 197.

    22 Id. at 200.

    G.R. No. 197458, November 11, 2015 - NICANOR PINLAC Y RESOLME, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.


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