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Philippine Supreme Court Jurisprudence > Year 2016 > January 2016 Decisions > G.R. No. 204047, January 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALEXANDER "SANDER" BANGSOY, Accused-Appellant.:




G.R. No. 204047, January 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALEXANDER "SANDER" BANGSOY, Accused-Appellant.

PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

G.R. No. 204047, January 13, 2016

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALEXANDER "SANDER" BANGSOY, Accused-Appellant.

D E C I S I O N

BRION, J.:

We decide the appeal, filed by accused-appellant Alexander Bangsoy (appellant), from the January 17, 2012 decision1 of the Court of Appeals (CA) in CA-G.R. CR.- H.C. No. 04808. The appealed decision affirmed the August 16, 2010 Joint Judgment2 of the Regional Trial Court (RTC), Branch 4, Baguio City, finding the appellant guilty beyond reasonable doubt of two (2) counts of statutory rape,3 and sentencing him to suffer the penalty of reclusion perpetua without eligibility for parole in each count.

The RTC Ruling

In its August 16, 2010 decision, the RTC found the appellant guilty beyond reasonable doubt of two counts of statutory rape. It gave credence to the testimony of AAA4 that her uncle, herein appellant, inserted his penis inside her vagina on two occasions. The RTC explained that AAA testified clearly despite her mental weakness, and that she never wavered during cross-examination. It further held that the appellant's moral ascendancy over AAA, combined with the former's use of a deadly weapon and threats of bodily harm, was more than enough to cow the victim into submitting to the appellant's desires. Finally, the trial court rejected the appellant's bare denial and uncorroborated alibi.

Accordingly, the RTC sentenced the appellant to suffer the penalty of reclusion perpetua without eligibility for parole. It also ordered him to pay the victim the following amounts: P75,000.00 as civil indemnity; P75,000.00 as moral damages; P30,000.00 as exemplary damages, plus six percent (6%) interest on all damages awarded from the date of judgment until fully paid.

The CA Decision

On appellate review, the CA affirmed the RTC's Joint Judgment. The CA held that AAA positively identified the appellant as the person who sexually abused her on two occasions in April 2004, and who threatened to kill her if she would report the incidents to her father. It added that AAA testified in a straightforward and categorical manner despite her mental retardation.

The CA further ruled that the absence of hymenal lacerations did not negate a finding of rape. It added that rape is not always committed in seclusion since lust is no respecter of time and place. The CA also ruled that the inconsistencies in AAA's testimonies refer to only minor details and collateral matters. Finally, the appellate court ruled that AAA's act of returning to the house of her father did not impair her credibility since she should not be "judged by the norms of behavior expected of mature persons."5

The Court's Ruling

After due consideration, we resolve to (a) affirm the appellant's conviction in Criminal Case No. 24761-R, but modify the designation of the crime committed, and (b) grant his appeal in Criminal Case No. 24762-R.

Elements of Rape in Criminal Case No. 24761-R Established

For a charge of rape under Article 266-A of the Revised Penal Code, as amended, the prosecution must prove that (1) the offender had carnal knowledge of a woman; and (2) he accomplished such act through force, threat or intimidation, when she was deprived of reason or otherwise unconscious, or when she was under 12 years of age or was demented. Carnal knowledge of a woman who is a mental retardate is rape under the aforesaid provisions of law. Proof of force or intimidation is not necessary, as a mental retardate is not capable of giving consent to a sexual act.6 What needs to be proven are the facts of sexual congress between the accused and the victim, and the mental retardation of the latter.7

In the present case, the prosecution successfully established that the first rape indeed took place and that the appellant was the malefactor. First, AAA positively identified the appellant as the person who inserted his penis into her vagina, causing her pain. As found by the courts below, she never wavered in this identification, thus:chanRoblesvirtualLawlibrary

PROSECUTOR MARGARITA DE GUZMAN-MANALO:
Q:
And can you tell us what happened when there was a time that you slept at Brookside and your uncle Sander came?
AAA:
A:
When I was sleeping, my Uncle Sander came and he put a piece of cloth in my mouth.
Q:
Why did he put a piece of cloth in your mouth?
A:
He inserted his penis into my vagina.
Q:
When your uncle inserted his penis in your vagina, did he remove your panty?
A:
Yes.
Q:
And were you alone sleeping in that room at the time your uncle came?
A:
No.
Q:
Who was your companion?
A:
My father.
Q:
Your father was with you inside the room?
A:
Yes.
Q:
Now, you said that your uncle placed a cloth on top of your mouth?
A:
Yes.
Q:
And do you know why he placed this cloth on top of your mouth?
A:
So that I could not shout.
Q:
And what did you feel when you said that your uncle Sander placed his penis in your vagina?
A:
It was painful.
Q:
And after that, what else happened?
A:
No more.
Q:
Did he [sic] tell your father about what your uncle did to you?
A:
No because I was threatened.
Q:
How were you threatened?
A:
He pointed a knife at me. x x x x8
cralawlawlibrary

Notably, both the RTC and CA found AAA's testimony credible and convincing. We see no reason to disbelieve the testimony of AAA either with respect to the first rape, which the trial and appellate courts found to be credible and straightforward. Given the victim's mental condition, it is highly improbable that she could have concocted or fabricated a rape charge against the accused. Neither was it possible that she was coached into testifying against appellant considering her limited intellect.

Under these circumstances, only a very startling event would leave a lasting impression on her that she could recall when asked about it.9 We particularly point out that when AAA pointed to the appellant in the courtroom as her sexual abuser, she even stated that she filed a complaint so that "he will not do it to anybody else anymore [sic]."10

In the light of AAA's mental state, her simple narration of what transpired, instead of adversely affecting her credibility, was indicative of her honesty and guilelessness. Thus, her straightforward narration should be believed.

Second, the prosecution successfully established AAA's mental condition. Maribel Tico, a psychologist from the Philippine Mental Health Association, testified that she conducted a mental status examination on AAA, and found her to be suffering from mild mental retardation "with a corresponding [m]ental [a]ge of 7 years and 1 month."11 The pertinent portions of Tico's Psychological Report12 reads:chanRoblesvirtualLawlibrary

Intellectual Evaluation:

On the intelligence test administered, [AAA] is classified within the Mental Retardation range of intellectual functioning, Mild in severity based on an overall estimated IQ score of 65. She has a corresponding Mental Age of 7 years and 1 month. Compared to her age group, she is performing poorly in terms of mental ability.

x x x x

SUMMARY AND RECOMMENDATION:chanRoblesvirtualLawlibrary

[AAA] is estimated within the Mild Mental Retardation range of intellectual ability with a corresponding Mental Age of 7 years and 1 month, x x x13cralawlawlibrary

The Appellant's Defenses

Like the courts below, we are not convinced by the appellant's claim that he could not have raped AAA because he was in Honeymoon Road in April 2004. We point out that Honeymoon Road and the place where the rape took place - Brookside - are both located in Baguio City. The appellant even admitted that both places are near each other as Honeymoon Road is just a 10-minute walk from Brookside. Under these circumstances, it was not physically impossible for the appellant to be at the locus criminis on the date of the first rape.

Contrary to the appellant's claim, the presence of the victim's father14 in the room does not negate the commission of the crime. Rape can be committed even in places where people congregate, in parks, along the roadside, within school premises, inside a house where there are other occupants, and even in the same room where other members of the family are also sleeping. It is not impossible or incredible for the members of the victim's family to be in deep slumber and not to be awakened while a sexual assault is being committed. It is settled that lust is not a respecter of time or place and rape is known to happen in the most unlikely places.15

While AAA also stated that the lights of the room had been turned off, it was not improbable for her to see the face of the person who removed her panty and inserted his penis into her private part more so since the room was illuminated by the lights coming from the nearby house. At the distance that would allow the described insertion, the parties would be so near each other that they could see and even smell one another. In addition, AAA categorically declared that she saw the appellant's face and was familiar with his voice.

We likewise do not find any merit in the appellant's argument that the victim's act of returning to the place where she was sexually abused tainted her credibility. The place where the rape took place was not the appellant's house, but the house of AAA's father that the victim and her brother usually visited every week; thus, it was not unusual for the victim to be there to visit her father.

At any rate, it is not proper to judge by adult norms of behavior the actions of children who have undergone traumatic experiences. Certainly, a child - more so in the case of AAA who is suffering from mild mental retardation - cannot be expected to act like an adult or do what may be expected of mature people under similar circumstances.16

We disagree with the appellant's insistence that the initial reluctance of AAA to reveal the assault tainted her credibility. Young girls usually conceal their ordeal because of threats made by their assailants.17 In this case, the records showed that the appellant threatened to kill AAA if she would reveal the incident to others.

We are also not persuaded by the appellant's claim that AAA was not a credible witness due to the alleged inconsistencies between her sworn statement (in Ilocano dialect) and her court testimony. Affidavits may be incomplete and inaccurate based as they are on answers prompted by the investigator's questions. There, too, is the question of proper understanding between the affiant and the investigating officer, as well as problems about the proper transcription of the answers made. At any rate, whether AAA saw the appellant at her father's house before the rape is immaterial. The determining factor is that AAA positively identified him as the person who covered her mouth with a piece of cloth; removed her panty; inserted his penis in her vagina; and threatened her bodily harm if she would reveal the rape to others.

Finally, we find no merit in the appellant's contention that the absence of lacerations in the victim's hymen negated sexual intercourse. The rupture of the hymen is not an essential and material fact in rape cases;18 it only further confirms that the vagina has been penetrated and damaged in the process. Additionally, in the present case, the genital examination on AAA was conducted on May 17, 2005, or more than one year after the rape took place.19 At any rate, Dr. Marjorie Rebujio, Medical officer III at the Benguet General Hospital, clarified that the lack of hymenal injuries does not mean that no sexual abuse took place. Dr. Rebujio further explained that the hymen could heal fast and that it could go back to its normal structure.

Second rape not proven beyond reasonable doubt

We agree with the appellant's claim that his conviction in Criminal Case No. 24762-R was not proven with moral certainty.

The Information in Criminal Case No. 24762-R alleged that the appellant had carnal knowledge with AAA "sometime in the month of April 2004, prior to and subsequent thereto." For precision and clarity, we reproduce hereunder AAA's testimony on the incident:chanRoblesvirtualLawlibrary

PROSECUTOR MARGARITA DE GUZMAN-MANALO:
Q:
And did this happen only once?
AAA:
A:
No, ma'am.
Q:
Was there a second time?
A:
Yes, ma'am.
Q:
And where did it happen?
A:
At Brookside.
Q:
You mean, also in the house of your father?
A:
Yes, ma'am.
Q:
And can you tell us what happened during the second time?
A:
The same as what happened on [at] the first time.20
cralawlawlibrary

We find AAA's testimony in this second charge of rape to be overly generalized; it lacks specific details on how the second rape was committed. Her bare statement that the same thing happened as what had transpired during the first time is inadequate to establish beyond reasonable doubt that a succeeding rape took place. The testimony should have mentioned that there was insertion of the penis, or at the very least a touching of the labia of the pudendum. Lacking in these details, we cannot conclude that the victim's testimony constitutes proof beyond reasonable doubt of the appellant's guilt.

As we held in People v. Jampas,21 "[a]bsolute guarantee of guilt is not demanded by the law to convict a person of a criminal charge but there must at least be moral certainty in each element essential to constitute the offense and in the responsibility of the offender." Such certainty is absent in the generalized statement that the victim made.

The Crime Committed and the Proper
Penalty in Criminal Case No. 24761-R


Sexual intercourse with a woman who is a mental retardate with a mental age of below 12 years old constitutes statutory rape.22 Notably, AAA was also below 12 years old at the time of the incident, as evidenced by the records showing that she was born on March 1, 1993.23

Under Article 266-B of the Revised Penal Code, as amended, the death penalty shall be imposed when the victim is below 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. In the present case, however, the relationship of the appellant to the victim was not alleged.

Nonetheless, the Information averred that AAA was a mental retardate and that the appellant knew of this mental retardation.24 These circumstances raised the crime from statutory rape to qualified rape or statutory rape in its qualified form under Article 266-B of the Revised Penal Code. Since the death penalty cannot be imposed in view of Republic Act No. 9346 (An Act Prohibiting the Imposition of the Death Penalty in the Philippines), the CA correctly affirmed the penalty of reclusion perpetua without eligibility for parole imposed by the RTC on the appellant.

The Proper Indemnities

In People v. Gambao,25 the Court set the minimum indemnity and damages where facts warranted the imposition of the death penalty, if not for prohibition thereof by R.A. No. 9346, as follows: (1) P100,000.00 as civil indemnity; (2) P100,000.00 as moral damages which the victim is assumed to have suffered and thus needs no proof; and (3) P100,000.00 as exemplary damages to set an example for the public good.

We thus increase the awarded civil indemnity from P75,000.00 to P100,000.00; moral damages from P75,000.00 to P100,000.00; and the exemplary damages from P30,000.00 to P100,000.00.

WHEREFORE, premises considered, we AFFIRM the January 17, 2012 decision of the Court of Appeals in CA-G.R. CR.- H.C. No. 04808 with the following MODIFICATIONS:chanRoblesvirtualLawlibrary

(a) the appellant is found guilty of QUALIFIED RAPE in Criminal Case No. 24761-R;

(b) civil indemnity, moral damages, and exemplary damages are INCREASED to PI00,000.00, respectively; and

(c) the appellant is ACQUITTED in Criminal Case No. 24762-R.

SO ORDERED.chanroblesvirtuallawlibrary

Carpio, (Chairperson), Del Castillo, Mendoza, and Leonen, JJ., concur.

Endnotes:


1 Rollo, pp. 2-23; penned by Associate Justice Ramon R. Garcia, and concurred in by Associate Justices Amelita G. Tolentino and Samuel H. Gaerlan.

2 CA rollo, pp. 22-31; penned by Presiding Judge Mia Joy Ollares-Cawed.

3 In Criminal Case Nos. 24761-R and 24762-R.

4 Per People v. Cabalquinto, 533 Phil. 703 (2006), the real name of the victim shall be withheld in all cases involving violence against women and their children, and the Court shall use fictitious initials instead to represent her. In addition, the personal circumstances of the victim or any other information tending  to establish or compromise her identity, as well those of their immediate family or household members, shall not be disclosed.

5Rollo, pp. 20-21.

6People v. Dalan, G.R. No. 203086, June 11, 2014, 726 SCRA 335, 338.

7 See People v. Dela Paz, G.R. No. 177294, February 19, 2008, 546 SCRA 363, 376.

8 TSN, July 25, 2006, pp. 4-5. Emphasis ours.

9 See People v. Diunsay-Jalandoni, 544 Phil. 163, 175 (2007).

10 TSN, July 25, 2006, p. 8.


11 TSN, March 13, 2007, p. 21.

12 Records, pp. 11-15.

13Id. at 13-14.

14 During the alleged second rape, AAA claimed that her father and brother were sleeping with her inside the room, TSN, July 25, 2006, p. 11.

15 See People v. Cabral, 609 Phil. 160, 165-166 (2009).

16People v. Monies, 461 Phil. 563, 578 (2003).

17Id. at 573.

18 See People v. Ferrer, G.R. No. 142662, August 14, 2001, 362 SCRA 778, 787.

19 Dr. Rebujio classified the examination as non-acute since it was made 72 hours after the commission of the rape, TSN, May 10, 2007, p. 33.

20 TSN, July 25, 2006, p. 5. Emphasis ours.

21 G.R. No. 177766, July 17, 2009, 593 SCRA 241, 256.

22 See People v. Abella, G.R. No. 177295, January 6, 2010, 610 SCRA 19, 28; People v. Mateo, G.R. No. 170569, September 30, 2008, 567 SCRA 244, 259; People v. Arlee, 380 Phil. 164, 180 (2000).

23 Records, p. 7; The defense also admitted AAA's minority, id. at 119.

24 The Information also alleged that the rape was committed with the use of a deadly weapon.

25 G.R. No. 172707, October 1, 2013, 706 SCRA 508, 533. This case was for kidnapping for ransom but the ruling on the increased indemnities has been applied by the Court in cases involving other crimes.



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  • A.M. No. CA-15-31-P (formerly OCA I.P.I. No. 13-218-CA-P), January 12, 2016 - COMMITTEE ON SECURITY AND SAFETY, COURT OF APPEALS, Complainant, v. REYNALDO V. DIANCO - CHIEF SECURITY, JOVEN O. SORIANOSOS - SECURITY GUARD 3, AND ABELARDO P. CATBAGAN - SECURITY GUARD 3, Respondents.

  • G.R. No. 198172, January 25, 2016 - REGULUS DEVELOPMENT, INC., Petitioner, v. ANTONIO DELA CRUZ, Respondent.

  • G.R. No. 195477, January 15, 2016 - SPOUSES HERMINIO E. ERORITA AND EDITHA C. ERORITA, Petitioners, v. SPOUSES LIGAYA DUMLAO AND ANTONIO DUMLAO, Respondents.

  • G.R. No. 191018, January 25, 2016 - CARLOS BORROMEO, Petitioner, v. FAMILY CARE HOSPITAL, INC. AND RAMON S. INSO, M.D., Respondents.

  • G.R. No. 202426, January 27, 2016 GINA ENDAYA, Petitioner, v. ERNESTO V. VILLAOS, Respondent.

  • G.R. No. 201595, January 25, 2016 - ALLAN M. MENDOZA, Petitioner, v. OFFICERS OF MANILA WATER EMPLOYEES UNION (MWEU), NAMELY, EDUARDO B. BORELA, BUENAVENTURA QUEBRAL, ELIZABETH COMETA, ALEJANDRO TORRES, AMORSOLO TIERRA, SOLEDAD YEBAN, LUIS RENDON, VIRGINIA APILADO, TERESITA BOLO, ROGELIO BARBERO, JOSE CASAŅAS, ALFREDO MAGA, EMILIO FERNANDEZ, ROSITA BUENAVENTURA, ALMENIO CANCINO, ADELA IMANA, MARIO MANCENIDO, WILFREDO MANDILAG, ROLANDO MANLAPAZ, EFREN MONTEMAYOR, NELSON PAGULAYAN, CARLOS VILLA, RIC BRIONES,AND CHITO BERNARDO, Respondents.

  • G.R. No. 169507, January 11, 2016 - AIR CANADA, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 194964-65, January 11, 2016 - UNIVERSITY OF MINDANAO, INC., Petitioner, v. BANGKO SENTRAL PILIPINAS, ET AL., Respondents.

  • G.R. No. 168078, January 13, 2016 - FABIO CAHAYAG AND CONRADO RIVERA, Petitioners, v. COMMERCIAL CREDIT CORPORATION, REPRESENTED BY ITS PRESIDENT, LEONARDO B. ALEJANDRO; TERESITA T. QUA, ASSISTED BY HER HUSBAND ALFONSO MA. QUA; AND THE REGISTER OF DEEDS OF LAS PINAS, METRO MANILA, DISTRICT IV, Respondents.; G.R. NO. 168357 - DULOS REALTY & DEVELOPMENT CORPORATION, REPRESENTED BY ITS PRESIDENT, JUANITO C. DULOS; AND MILAGROS E. ESCALONA, AND ILUMINADA D. BALDOZA, Petitioners, v. COMMERCIAL CREDIT CORPORATION, REPRESENTED BY ITS PRESIDENT, LEONARDO B. ALEJANDRO; TERESITA T. QUA, ASSISTED BY HER HUSBAND ALFONSO MA. QUA; AND THE REGISTER OF DEEDS OF LAS PINAS, METRO MANILA, DISTRICT IV, Respondents.

  • G.R. No. 212623, January 11, 2016 - ENRIQUE G. DE LEON, Petitioner, v. PEOPLE OF THE PHILIPPINES AND SPO3 PEDRITO L. LEONARDO, Respondents.

  • G.R. No. 219603, January 26, 2016 - MARY ELIZABETH TY-DELGADO, Petitioner, v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL AND PHILIP ARREZA PICHAY, Respondents.

  • G.R. No. 215847, January 12, 2016 - GOV. EXEQUIEL B. JAVIER, Petitioner, v. COMMISSION ON ELECTIONS, CORNELIO P. ALDON, AND RAYMUNDO T. ROQUERO, Respondents.

  • G.R. No. 186635, January 27, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner,; UNIVERSITY OF THE PHILIPPINES, Oppositor, v. SEGUNDINA ROSARIO, JOINED BY ZUELLGATE CORPORATION, Respondents.

  • G.R. No. 212426, January 12, 2016 - RENE A.V. SAGUISAG, WIGBERTO E. TAŅADA, FRANCISCO "DODONG" NEMENZO, JR., SR. MARY JOHN MANANZAN, PACIFICO A. AGABIN, ESTEBAN "STEVE" SALONGA, H. HARRY L. ROQUE, JR., EVALYN G. URSUA, EDRE U. OLALIA, DR. CAROL PAGADUAN-ARAULLO, DR. ROLAND SIMBULAN, AND TEDDY CASINO, Petitioners, v. EXECUTIVE PAQUITO N. DEPARTMENT DEFENSE VOLTAIRE DEPARTMENT SECRETARY OCHOA, JR., OF NATIONAL SECRETARY GAZMIN, OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, JR., DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO ABAD, AND ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, Respondents.; G.R. No. 212444 - BAGONG ALYANSANG MAKABAYAN (BAYAN), REPRESENTED BY ITS SECRETARY GENERAL RENATO M. REYES, JR., BAYAN MUNA PARTY-LIST REPRESENTATIVES NERI J. COLMENARES AND CARLOS ZARATE, GABRIELA WOMEN'S PARTY-LIST REPRESENTATIVES LUZ ILAGAN AND EMERENCIANA DE JESUS, ACT TEACHERS PARTY-LIST REPRESENTATIVE ANTONIO L. TINIO, ANAKPAWIS PARTY-LIST REPRESENTATIVE FERNANDO HICAP, KABATAAN PARTY-LIST REPRESENTATIVE TERRY RIDON, MAKABAYANG KOALISYON NG MAMAMAYAN (MAKABAYAN), REPRESENTED BY SATURNINO OCAMPO AND LIZA MAZA, BIENVENIDO LUMBERA, JOEL C. LAMANGAN, RAFAEL MARIANO, SALVADOR FRANCE, ROGELIO M. SOLUTA, AND CLEMENTE G. BAUTISTA, Petitioners, v. DEPARTMENT OF NATIONAL DEFENSE (DND) SECRETARY VOLTAIRE GAZMIN, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, DEFENSE UNDERSECRETARY PIO LORENZO BATINO, AMBASSADOR LOURDES YPARRAGUIRRE, AMBASSADOR J. EDUARDO MALAYA, DEPARTMENT OF JUSTICE UNDERSECRETARY FRANCISCO BARAAN III, AND DND ASSISTANT SECRETARY FOR STRATEGIC ASSESSMENTS RAYMUND JOSE QUILOP AS CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE NEGOTIATING PANEL FOR THE PHILIPPINES ON EDCA, Respondents.; KILUSANG MAYO UNO, REPRESENTED BY ITS CHAIRPERSON, ELMER LABOG, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE), REPRESENTED BY ITS NATIONAL PRESIDENT FERDINAND GAITE, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO, REPRESENTED BY ITS NATIONAL PRESIDENT JOSELITO USTAREZ, NENITA GONZAGA, VIOLETA ESPIRITU, VIRGINIA FLORES, AND ARMANDO TEODORO, JR., Petitioners-in-Intervention; RENE A.Q. SAGUISAG, JR., Petitioners-in-Intervention.

  • G.R. No. 191033, January 11, 2016 - THE ORCHARD GOLF & COUNTRY CLUB, INC., EXEQUIEL D. ROBLES, CARLO R.H. MAGNO, CONRADO L. BENITEZ II, VICENTE R. SANTOS, HENRY CUA LOPING, MARIZA SANTOS-TAN, TOMAS B. CLEMENTE III, AND FRANCIS C. MONTALLANA, Petitioners, v. ERNESTO V. YU AND MANUEL C. YUHICO, Respondents.

  • G.R. No. 174673, January 11, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. FE ROA GIMENEZ AND IGNACIO B. GIMENEZ, Respondents.

  • G.R. No. 211737, January 13, 2016 - SERGIO R. OSMEŅA III, Petitioner, v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS SECRETARY JOSEPH EMILIOI A. ABAYA, MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA), THE PRE-QUALIFICATION, BIDS AND AWARDS COMMITTEE (PBAC) FOR THE MACTAN-CEBU INTERNATIONAL AIRPORT PROJECT THROUGH ITS CHAIRMAN, UNDERSECRETARY JOSE PERPETUO M. LOTILLA, GMR INFRASTRUCTURE, LTD. AND MEGAWIDE CONSTRUCTION CORPORATION, Respondents.; G.R. NO. 214756 - BUSINESS FOR PROGRESS MOVEMENT AS REPRESENTED BY MEDARDO C. DEACOSTA, JR., Petitioner, v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, GMR-MEGAWIDE CEBU AIRPORT CORPORATION, Respondents.

  • G.R. No. 173137, January 11, 2016 - BASES CONVERSION DEVELOPMENT AUTHORITY, Petitioner, v. DMCI PROJECT DEVELOPERS, INC., Respondent.; G.R. NO. 173170 - NORTH LUZON RAILWAYS CORPORATION, Petitioner, v. DMCI PROJECT DEVELOPERS, INC. Respondent.

  • G.R. No. 201614, January 12, 2016 - SHERYL M. MENDEZ, Petitioner, v. SHARI'A DISTRICT COURT, 5th SHARI'A DISTRICT, COTABATO CITY, RASAD G. BALINDONG (ACTING PRESIDING JUDGE); 1st SHARI'A CIRCUIT COURT, 5th SHARI'A DISTRICT, COTABATO CITY, MONTANO K. KALIMPO (PRESIDING JUDGE); AND DR. JOHN O. MALIGA, Respondents.

  • G.R. No. 174471, January 12, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. JERRY PEPINO Y RUERAS AND PRECIOSA GOMEZ Y CAMPOS, Respondents.

  • G.R. No. 197970, January 25, 2016 - METROPOLITAN BANK AND TRUST COMPANY, Petitioner, v. FADCOR, INC. OR THE FLORENCIO CORPORATION, LETICIA D. FLORENCIO, RACHEL FLORENCIO-AGUSTIN, MA. MERCEDES FLORENCIO AND ROSENDO CESAR FLORENCIO, JR., Respondents.

  • G.R. No. 214241, January 13, 2016 - SPOUSES RAMON AND LIGAYA GONZALES, Petitioners, v. MARMAINE REALTY CORPORATION, REPRESENTED BY MARIANO MANALO, Respondent.

  • G.R. No. 194962, January 27, 2016 - CAGAYAN ECONOMIC ZONE AUTHORITY, Petitioner, v. MERIDIEN VISTA GAMING CORPORATION, Respondent.

  • G.R. No. 173140, January 11, 2016 - MACTAN CEBU INTERNATIONAL AIRPORT AUTHORITY [MCIAA], Petitioner, v. HEIRS OF GAVINA IJORDAN, NAMELY, JULIAN CUISON, FRANCISCA CUISON, DAMASTNA CUISON, PASTOR CUISON, ANGELINA CUISON, MANSUETO CUISON, BONIFACIA CUISON, BASILIO CUISON, MOISES CUISON, AND FLORENCIO CUISON, Respondents.

  • G.R. No. 171303, January 20, 2016 - ELIZABETH L. DIAZ, Petitioner, v. GEORGINA R. ENCANTO, ERNESTO G. TABUJARA, GEMINO H. ABAD AND UNIVERSITY OF THE PHILIPPINES, Respondents.

  • G.R. No. 165223, January 11, 2016 - WINSTON F. GARCIA, IN HIS CAPACITY AS PRESIDENT AND GENERAL MANAGER OF THE GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Petitioner, v. MARIO I. MOLINA, Respondent.

  • G.R. No. 205639, January 18, 2016 - PEOPLE OF THE PHILIPPRNES, Appellee, v. ANITA MIRANBA Y BELTRAN, Appellant.

  • G.R. No. 203642, January 18, 2016 - THOMASITES CENTER FOR INTERNATIONAL STUDIES (TCIS), Petitioner, v. RUTH N. RODRIGUEZ, IRENE P. PADRIGON AND ARLYN B. RILLERA, Respondents.

  • G.R. No. 213863, January 27, 2016 - LAND BANK OF THE PHILIPPINES, Petitioner, v. EDGARDO L. SANTOS, REPRESENTED BY HIS ASSIGNEE, ROMEO L. SANTOS, Respondent.; G.R. NO. 214021 - EDGARDO L. SANTOS, REPRESENTED BY HIS ASSIGNEE, ROMEO L. SANTOS, Petitioner, v. LAND BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 195666, January 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FE ABELLA Y BUHAIN, Accused-Appellant.

  • G.R. No. 172919, January 13, 2016 - TIMOTEO BACALSO AND DIOSDADA BACALSO, Petitioners, v. GREGORIA B. ACA-AC, EUTIQUIA B. AGUILA, JULIAN BACUS AND EVELYN SYCHANGCO, Respondents.

  • G.R. No. 198140, January 25, 2016 - IA1 ERWIN L. MAGCAMIT, Petitioner, v. INTERNAL AFFAIRS SERVICE -PHILIPPINE DRUG ENFORCEMENT AGENCY, AS REPRESENTED BY SI V ROMEO M. ENRIQUEZ AND DIRECTOR GENERAL DIONISIO R. SANTIAGO, Respondents.

  • G.R. No. 213607, January 25, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GLEN PIAD Y BORI, RENATO VILLAROSA Y PLATINO AND NILO DAVIS Y ARTIGA, Accused-Appellants.

  • G.R. No. 207970, January 20, 2016 - FERNANDO MEDICAL ENTERPRISES, INC., Petitioner, v. WESLEYAN UNIVERSITY PHILIPPINES, INC., Respondent.

  • G.R. No. 206224, January 18, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JUAN ASISLO Y MATIO, Accused-Appellant.

  • G.R. No. 215995, January 19, 2016 - VICE-MAYOR MARCELINA S. ENGLE, Petitioner, v. COMMISSION ON ELECTIONS EN BANC AND WINSTON B. MENZON, Respondents.

  • G.R. No. 174909, January 20, 2016 - MARCELINO M. FLORETE, JR., MARIA ELENA F. MUYCO AND RAUL A. MUYCO, Petitioners, v. ROGELIO M. FLORETE, IMELDA C. FLORETE, DIAMEL CORPORATION, ROGELIO C. FLORETE JR., AND MARGARET RUTH C. FLORETE, Respondents.; G.R. NO. 177275 - ROGELIO M. FLORETE SR., Petitioner, v. MARCELINO M. FLORETE, JR., MARIA ELENA F. MUYCO AND RAUL A. MUYCO, Respondents.

  • G.R. No. 213472, January 26, 2016 - ZAMBOANGA CITY WATER DISTRICT, REPRESENTED BY ITS GENERAL MANAGER, LEONARDO REY D. VASQUEZ, ZAMBOANGA CITY WATER DISTRICT-EMPLOYEES UNION, REPRESENTED BY ITS PRESIDENT, NOEL A. FABIAN, LOPE IRINGAN, ALEJO S. ROJAS, JR., EDWIN N. MAKASIAR, RODOLFO CARTAGENA, ROBERTO R. MENDOZA, GREGORIO R. MOLINA, ARNULFO A. ALFONSO, LUCENA R. BUSCAS, LUIS A. WEE, LEILA M. MONTEJO, FELECITA G. REBOLLOS, ERIC A. DELGADO, NORMA L. VILLAFRANCA, ABNER C. PADUA, SATURNINO M. ALVIAR, FELIPE S. SALCEDO, JULIUS P. CARPITANOS, HANLEY ALBANA, JOHNY D. DEMAYO, ARCHILES A. BRAULIO, ELIZA MAY R. BRAULIO, TEDILITO R. SARMIENTO, SUSANA C. BONGHANOY, LUZ A. BIADO, ERIC V. SALARITAN, RYAN ED C. ESTRADA, NOEL MASA KAWAGUCHI, TEOTIMO REYES, JR., EUGENE DOMINGO, AND ALEX ACOSTA, REPRESENTED BY LUIS A. WEE, Petitioners, v. COMMISSION ON AUDIT, Respondent.

  • G.R. No. 198889, January 20, 2016 - UFC PHILIPPINES, INC. (NOW MERGED WITH NUTRI-ASIA, INC., WITH NUTRI-ASIA, INC. AS THE SURVIVING ENTITY), Petitioner, v. FIESTA BARRIO MANUFACTURING CORPORATION, Respondent.

  • G.R. No. 192914, January 28, 2016 - NAPOLEON D. SENIT, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.C. No. 10952, January 26, 2016 - ENGEL PAUL ACA, Complainant, v. ATTY. RONALDO P. SALVADO, Respondent.

  • A.C. No. 10859 [Formerly CBD Case No. 09-2514], January 26, 2016 - MARIA FATIMA JAPITANA, Complainant, v. ATTY. SYLVESTER C. PARADO, Respondent.

  • G.R. No. 192268, January 27, 2016 - DEPARTMENT OF EDUCATION, REPRESENTED BY ITS REGIONAL DIRECTOR, Petitioner, v. DELFINA C. CASIBANG, ANGELINA C. CANAPI, ERLINDA C. BAJAN, LORNA G. GUMABAY, DION1SIA C. ALONZO, MARIA C. BANGAYAN AND DIGNA C. BINAYUG, Respondents.

  • G.R. No. 180559, January 20, 2016 - ANECITA GREGORIO, Petitioner, v. MARIA CRISOLOGO VDA. DE CULIG, THRU HER ATTORN EY-IN-FACT ALFREDO CULIG, JR., Respondent.

  • G.R. No. 198752, January 13, 2016 - ARTURO C. ALBA, JR., DULY REPRESENTED BY HIS ATTORNEYS-IN-FACT, ARNULFO B. ALBA AND ALEXANDER C. ALBA, Petitioner, v. RAYMUND D. MALAPAJO, RAMIL D. MALAPAJO AND THE REGISTER OF DEEDS FOR THE CITY OF ROXAS, Respondents.

  • G.R. No. 196140, January 27, 2016 - NATIONAL POWER CORPORATION, Petitioner, v. ELIZABETH MANALASTAS AND BEA CASTILLO, Respondents.

  • G.R. No. 216920, January 13, 2016 - GIRLIE M. QUISAY, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 210454, January 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff and Appellee, v. RONALDO CASACOP Y AMIL, Accused-Appellant.

  • G.R. No. 187691, January 13, 2016 - OLYMPIA HOUSING, INC., Petitioner, v. ALLAN LAPASTORA AND IRENE UBALUBAO, Respondents.

  • A.M. No. P-15-3344, January 13, 2016 - ANTONIO A. FERNANDEZ, Complainant, v. MILA A. ALERTA, Respondent.

  • G.R. No. 214092, January 11, 2016 - ECHO 2000 COMMERCIAL CORPORATION, EDWARD N. ENRIQUEZ, LEONORA K. BENEDICTO AND ATTY. GINA WENCESLAO, Petitioners, v. OBRERO FILIPINO-ECHO 2000 CHAPTER-CLO, ARLO C. CORTES AND DAVE SOMIDO, Respondents.

  • G.R. No. 197665, January 13, 2016 - P/S INSP. SAMSON B. BELMONTE, SPO1 FERMO R. GALLARDE, PO3 LLOYD F. SORIA, PO1 HOMER D. GENEROSO, PO1 SERGS DC. MACEREN, PO3 AVELINO L. GRAVADOR, PO2 FIDEL O. GUEREJERO, AND PO1 JEROME T. NOCHEFRANCA, JR., Petitioner, v. OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY AND OTHER LAW ENFORCEMENT OFFICES, OFFICE OF THE OMBUDSMAN, Respondent.

  • G.R. No. 188213, January 11, 2016 - NATIVIDAD C. CRUZ AND BENJAMIN DELA CRUZ, Petitioners, v. PANDACAN HIKER'S CLUB, INC., REPRESENTED BY ITS PRESIDENT, PRISCILAILAO, Respondent.

  • G.R. No. 170004, January 13, 2016 - ILONA HAPITAN, Petitioner, v. SPOUSES JIMMY LAGRADILLA AND WARLILY LAGRADILLA AND ESMERALDA BLACER, Respondents.

  • G.R. No. 174113, January 13, 2016 - PAZ CHENG Y CHU, Petitioner, v. PEOPLE OF PHILIPPINES, THE Respondent.

  • G.R. No. 176986, January 13, 2016 - NISSAN CAR LEASE PHILS., INC., Petitioner, v. LICA MANAGEMENT, INC. AND PROTON PILIPINAS, INC., Respondents.

  • G.R. No. 178501, January 11, 2016 - NILO S. RODRIGUEZ, FRANCISCO T. ALISANGCO, BENJAMIN T. ANG, VICENTE P. ANG, SILVESTRE D. ARROYO, RUDERICO C. BAQUIRAN, WILFREDO S. CRUZ, EDMUNDO M. DELOS REYES, JR., VIRGILIO V. ECARMA, ISMAEL F. GALISIM, TITO F. GARCIA, LIBERATO D. GUTIZA, GLADYS L. JADIE, LUISITO M. JOSE, PATERNO C. LABUGA, JR. NOEL Y. LASTIMOSO, DANILO C. MATIAS, BEN T. MATURAN, VIRGILIO N. OCHARAN, GABRIEL P. PIAMONTE, JR., ARTURO A. SABADO, MANUEL P. SANCHEZ, MARGOT A. CORPUS AS THE SURVIVING SPOUSE OF THE DECEASED ARNOLD S. CORPUS, AND ESTHER VICTORIA A. ALCAŅESES AS THE SURVIVING SPOUSE OF THE DECEASED EFREN S. ALCAŅESES, Petitioners, v. PHILIPPINE AIRLINES, INC., AND NATIONAL LABOR RELATIONS COMMISSION, Respondent.; G.R. NO. 178510 - PHILIPPINE AIRLINES, INC., Petitioner, v. NILO S. RODRIGUEZ, FRANCISCO T. ALISANGCO, BENJAMIN T. ANG, VICENTE P. ANG, SILVESTRE D. ARROYO, RUDERICO C. BAQUIRAN, ARNOLD S. CORPUS, WILFREDO S. CRUZ, EDMUNDO M. DELOS REYES, JR., VIRGILIO V. ECARMA, ISMAEL F. GALISIM, TITO F. GARCIA, LIBERATO D. GUTIZA, GLADYS L. JADIE, LUISITO M. JOSE, PATERNO C. LABUGA, JR., NOEL Y. LASTIMOSO, DANILO C. MATIAS, BEN T. MATURAN, VIRGILIO N. OCHARAN, GABRIEL M. PIAMONTE, JR., RODOLFO O. POE, JR., ARTURO A. SABADO, MANUEL P. SANCHEZ, and ESTHER VICTORIA A. ALCAŅESES, AS THE SOLE HEIR OF THE DECEASED EFREN S. ALCAŅESES, Respondents.

  • G.R. No. 190798, January 27, 2016 - RONALD IBAŅEZ, EMILIO IBAŅEZ, AND DANIEL "BOBOT" IBAŅEZ, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. Nos. 198916-17, January 11, 2016 - MALAYAN INSURANCE COMPANY, INC., Petitioner, v. ST. FRANCIS SQUARE REALTY CORPORATION, Respondent.; G.R. NOS. 198920-21 - ST. FRANCIS SQUARE REALTY CORPORATION, Petitioner, v. MALAYAN INSURANCE COMPANY, INC., Respondent.

  • G.R. Nos. 198916-17, January 11, 2016 - MALAYAN INSURANCE COMPANY, INC., Petitioner, v. ST. FRANCIS SQUARE REALTY CORPORATION, Respondent.; G.R. NOS. 198920-21 - ST. FRANCIS SQUARE REALTY CORPORATION, Petitioner, v. MALAYAN INSURANCE COMPANY, INC., Respondent.

  • A.C. No. 10868 [Formerly CBD Case No. 07-2041], January 26, 2016 - CHERYL E. VASCO-TAMARAY, Complainant, v. ATTY. DEBORAH Z. DAQUIS, Respondent.

  • G.R. No. 212070, January 20, 2016 - CEBU PEOPLE'S MULTI­PURPOSE COOPERATIVE AND MACARIO G. QUEVEDO, Petitioners, v. NICERATO E. CARBONILLA, JR., Respondent.

  • G.R. No. 160408, January 11, 2016 - SPOUSES ROBERTO AND ADELAIDA PEN, Petitioners, v. SPOUSES SANTOS AND LINDA JULIAN, Respondents.

  • G.R. No. 180235, January 20, 2016 - ALTA VISTA GOLF AND COUNTRY CLUB, Petitioner, v. THE CITY OF CEBU, HON. MAYOR TOMAS R. OSMEŅA, IN HIS CAPACITY AS MAYOR OF CEBU, AND TERESITA C. CAMARILLO, IN HER CAPACITY AS THE CITY TREASURER, Respondents.

  • G.R. No. 177680, January 13, 2016 - JENNIFER C. LAGAHIT, Petitioner, v. PACIFIC CONCORD CONTAINER LINES/MONETTE CUENCA (BRANCH MANAGER), Respondents.

  • A.C. No. 10753 (Formerly CBD Case No. 10-2703), January 26, 2016 - ATTY. PABLO B. FRANCISCO, Complainant, v. ATTY. ROMEO M. FLORES, Respondent.

  • G.R. No. 156635, January 11, 2016 - THE HONGKONG & SHANGHAI BANKING CORPORATION EMPLOYEES UNION, MA. DALISAY P. DELA CHICA, MARVILON B. MILITANTE, DAVID Z. ATANACIO, JR., CARMINA C. RIVERA, MARIO T. FERMIN(T), ISABELO E. MOLO, RUSSEL M. PALMA, IMELDA G. HERNANDEZ, VICENTE M. LLACUNA, JOSEFINA A. ORTIGUERRO, MA. ASUNCION G. KIMSENG, MIGUEL R. SISON, RAUL P. GERONIMO, MARILOU E. CADENA, ANA N. TAMONTE, AVELINO Q. RELUCIO, JORALYN R. GONGORA, CORAZON E. ALBOS, ANABELLA J. GONZALES, MA. CORAZON Q. BALTAZAR, MARIA LUZ I. JIMENEZ, ELVIRA A. ORLINA, SAMUEL B. ELLARMA, ROSARIO A. FLORES, EDITHA L. BROQUEZA, REBECCA T. FAJARDO, MA. VICTORIA C. LUNA, MA. THERESA G. GALANG, BENIGNO V. AMION, GERARDO J. DE LEON, ROWENA T. OCAMPO, MALOU P. DIZON, RUBEN DE C. ATIENZA, MELO E. GABA, HERNAN B. CAMPOSANTO, NELIA D. M. DERIADA, LOLITO L. HILIS, GRACE C. MABUNAY, FE ESPERANZA C. GERONG, MANUEL E. HERRERA, JOSELITO J. GONZAGA, ULDARTCO D. PEDIDA, ROSALINA JULIET B. LOQUELLANO, MARCIAL F. GONZAGA, MERCEDES R. PAULE, JOSE TEODORO A. MOTUS, BLANCHE D. MOTUS, DAISY M. FAGUTAO, ANTONIO A. DEL ROSARIO, EMMANUEL JUSTIN S. GREY, FRANCISCA DEL MUNDO, JULIETA A. CRUZ, RODRIGO J. DURANO, CATALINA R. YEE, MENANDRO CALIGAGAN, MAIDA M. SACRO MILITANTE, LEONILA M. PEREZ, AND EMMA MATEO, Petitioners, v. NATIONAL LABOR RELATIONS COMMISSION AND THE HONGKONG & SHANGHAI BANKING CORPORATION, LTD., Respondents.

  • G.R. No. 211062, January 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANUEL MACAL Y BOLASCO, Accused-Appellants.

  • G.R. No. 158622, January 27, 2016 - SPOUSES ROBERT ALAN L. AND NANCY LEE LIMSO, Petitioners, v. PHILIPPINE NATIONAL BANK AND THE REGISTER OF DEEDS OF DAVAO CITY, Respondents.; G.R. NO. 169441 - DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN AND NANCY LIMSO, Petitioners, v. HON. JESUS V. QUITAIN, IN HIS CAPACITY AS PRESIDING JUDGE OF REGIONAL TRIAL COURT, DAVAO CITY, BRANCH 15 AND PHILIPPINE NATIONAL BANK, Respondents.; G.R. NO. 172958 - DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION REPRESENTED BY ITS PRESIDENT ROBERT ALAN L. LIMSO, AND SPOUSES ROBERT ALAN AND NANCY LEE LIMSO, Petitioners, v. HON. JESUS V. QUITAIN, IN HIS CAPACITY AS PRESIDING JUDGE OF REGIONAL TRIAL COURT, DAVAO CITY, BRANCH 15 AND PHILIPPINE NATIONAL BANK, Respondents.; G.R. NO. 173194 - PHILIPPINE NATIONAL BANK, Petitioner, v. DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN LIMSO AND NANCY LEE LIMSO, Respondents.; G.R. NO. 196958 - PHILIPPINE NATIONAL BANK, Petitioner, v. DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN L. LIMSO AND NANCY LEE LIMSO, Respondent.; G.R. NO. 197120 - DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN AND NANCY LEE LIMSO, Petitioners, v. PHILIPPINE NATIONAL BANK, Respondent.; G.R. NO. 205463 - IN THE MATTER OF THE PETITION EX-PARTE FOR THE ISSUANCE OF THE WRIT OF POSSESSION UNDER LRC RECORD NO. 12973, 18031 AND LRC RECORD NO. 317, PHILIPPINE NATIONAL BANK,