Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2017 > November 2017 Decisions > G.R. No. 225146, November 20, 2017 - ROGELIO B. ANTONE, Petitioner, v. THE PEOPLE OF PHILIPPINES, Respondent.:




G.R. No. 225146, November 20, 2017 - ROGELIO B. ANTONE, Petitioner, v. THE PEOPLE OF PHILIPPINES, Respondent.

PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

G.R. No. 225146, November 20, 2017

ROGELIO B. ANTONE, Petitioner, v. THE PEOPLE OF PHILIPPINES, Respondent.

D E C I S I O N

PERLAS-BERNABE, J.:

Assailed in this petition for review on certiorari1 are the Decision2 dated July 31, 2015 and the Resolution3 dated April 22, 2016 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 01327, which affirmed the conviction of petitioner Rogelio B. Antone (Antone) for two (2) counts of the crime of Statutory Rape.

The Facts


The instant case stemmed from two (2) separate Informations4 filed before the Regional Trial Court of Guihulngan, Negros Oriental, Branch 64 (RTC) each charging Antone of raping his then eleven (11)-year old niece-in-law, AAA,5 the accusatory portions of which reads:

Criminal Case FC No. 99-028-G


That on August 1997, in the Municipality of Guihulngan, Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did then and there willfully, unlawfully and feloniously, by means of force and intimidation did lie and succeed in having carnal knowledge with AAA, an eleven (11) year old minor child, the accused being the husband of her Aunt Aniceta Bontigao, the elder sister of the father of AAA.

Criminal Case FC No. 99-029-G


That on November 1997, in the Municipality of Guihulngan, Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did then and there willfully, unlawfully and feloniously, by means of force and intimidation did lie and succeed in having carnal knowledge with AAA, an eleven (11) year old minor child, the accused being the husband of her Aunt Aniceta Bontigao, the elder sister of the father of AAA.6


The prosecution alleged that starting 1995, AAA started living in the house of her Aunt Aniceta and her husband, Antone. AAA's mother and brother, BBB and DDD,7 lived in another house about 200 meters away, while her father, CCC,8 lived in Mandaue City where he worked as a security guard and only came home about twice a month. At around three o'clock in the afternoon of a Saturday in August 1997, AAA was preparing dinner when she saw Antone staring strangely at her. Initially, AAA ignored what Antone was doing, but after a while, Antone approached her, grabbed her hand, and carried her into the master's bedroom. Thereat, Antone locked the door, approached AAA, and removed her shorts and underwear. He then removed his own lower garments, separated AAA's legs and mounted her. However, since his penis remained flaccid, he made AAA hold his penis, and thereafter, repositioned himself on top of her and made pumping motions. At this point, AAA surmised that Antone's penis was already erect at that time as she felt it penetrate her vagina, causing her to feel pain. After Antone ejaculated, he got a rag then used the same to wipe his penis as well as AAA's vagina before instructing the latter to put her shorts and underwear back on. Before leaving the room, Antone threatened AAA to kill her should she tell what just happened.9

A similar incident happened in November 1997 when Antone commanded AAA to give him a massage, to which the latter obliged. After a while, Antone again brought AAA to the master's bedroom, locked the door, removed AAA's shorts and panty, had carnal knowledge of her until he ejaculated, and threatened to kill her if she revealed to anyone about what happened.10

According to AAA, the incident happened several times more and she eventually started to like what Antone was doing to her. When AAA returned to her parents' house, she started missing her sexual activities, which caused her to seduce her own brother, DDD. Eventually, word came out of their incestuous relationship, prompting BBB to confront her about it. It was only then that AAA admitted to her mother about her sexual encounters with Antone. Accordingly, AAA's parents had her medically examined and filed the instant criminal cases against Antone.11

In his defense, Antone denied the charges against him, averring that it was impossible for him to rape AAA as there were a lot of people residing in their house. He then claimed that AAA and DDD were caught red handed by their grandmother engaging in incestuous relations and BBB and CCC only made it appear that he was the one who abused AAA in order to cover up the family embarrassment.12

The RTC Ruling


In a Judgment13 dated January 6, 2011, the RTC found Antone guilty beyond reasonable doubt of two (2) counts of Simple Statutory Rape, and accordingly, sentenced him to suffer the penalty of reclusion perpetua for each count of rape, and ordered him to indemnify AAA the amounts of P50,000.00 as civil indemnity and P30,000.00 as exemplary damages for each count of rape, without subsidiary imprisonment in case of insolvency.14

Aggrieved, Antone appealed15 to the CA.

The CA Ruling


In a the Decision16 dated July 31, 2015, the CA affirmed the RTC ruling with modification, adjusting the award of damages in favor of AAA to P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, plus legal interest at the rate of six percent (6%) per annum from finality of the ruling until fully paid.17

The CA held that AAA's clear and straightforward testimony positively identifying Antone as her assailant is enough to establish the fact of statutory rape, considering that she was just eleven (11) years of age when the sexual abuses occurred. The CA noted that as a minor who has no ill motive to falsely testify against Antone, AAA's testimony must be given full faith and credence.18

Dissatisfied, Antone moved for reconsideration but the same was denied in a Resolution19 dated April 22, 2016; hence, this petition.

The Issue Before the Court


The issue for the Court's resolution is whether or not Antone's conviction must be upheld.

The Court's Ruling


The petition must be dismissed.

At the outset, the Court notes that Antone made a procedural lapse in elevating the case before the Court via a petition for review on certiorari under Rule 45 of the Rules of Court. Section 3 (e), Rule 122 of the Revised Rules on Criminal Procedure (Rules) especially provides that "[e]xcept as provided in the last paragraph of Section 13, Rule 124, all other appeals to the Supreme Court shall be by petition for review on certiorari under Rule 45. In this regard, Section 13, Rule 124 of the Rules states:

Section 13. Certification or appeal of case to the Supreme Court. � (a) Whenever the Court of Appeals finds that the penalty of death should be imposed, the court shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review.

(b) Where the judgment also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed, and the accused appeals, the appeal shall be included in the case certified for review to the Supreme Court.

(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals. (Emphases and underscoring supplied)


In this case, the CA affirmed the imposition of the penalty of reclusion perpetua to Antone for each count of Statutory Rape committed against AAA. As such, he should have filed a notice of appeal before the CA instead of filing a petition for review on certiorari before the Court.

Accordingly, Antone's failure to timely file a notice of appeal before the CA resulted in the latter court's Decision dated July 31, 2015 and the Resolution dated April 22, 2016 lapsing into finality. Time and again, the Court has repeatedly held that "a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the Highest Court of the land. This principle, known as the doctrine of immutability of judgment, has a two-fold purpose, namely: (a) to avoid delay in the administration of justice and thus, procedurally, to make orderly the discharge of judicial business; and (b) to put an end to judicial controversies, at the risk of occasional errors, which is precisely why courts exist. Verily, it fosters the judicious perception that the rights and obligations of every litigant must not hang in suspense for an indefinite period of time. As such, it is not regarded as a mere technicality to be easily brushed aside, but rather, a matter of public policy which must be faithfully complied."20

While the Court notes that there are exceptions to the application of this principle, none of which properly obtains in this case. In fine, Antone's conviction remains.

WHEREFORE, the petition is DISMISSED.

Carpio, (Chairperson), Peralta, and Caguioa,� JJ., concur.
Reyes, Jr., J., on official leave.

Endnotes:


1Rollo, pp. 12-37.

2 Id. at 39-67. Penned by Associate Justice Jhosep Y. Lopez with Associate Justices Pamela Ann Abella Maxino and Germano Francisco D. Legaspi concurring.

3 Not attached to the rollo. See id. at 13.

4 Not attached to the rollo.

5 The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to RA 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "Rule on Violence against Women and Their Children" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]).

6Rollo, pp. 46-47.

7 See note 5.

8 Id.

9 Id. at 40-41.

10 Id. at 42.

11 Id. at 42-45.

12 See id. at 15-16, 44-45, and 48.

13 Not attached to the rollo. See id. at 39-40 and 47.

14 Id.

15 Not attached to the rollo.

16 Id. at 39-67.

17 Id. at 66.

18 Id. at 48-62.

19 Not attached to the rollo. See id. at 13.

20 See Uy v. Del Castillo, G.R. No. 223610, July 24, 2017, citing National Housing Authority v. CA, 731 Phil. 401, 405-406 (2014).



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  • A.M. No. P-17-3731 (Formerly OCA IPI No. 12-3871-P), November 08, 2017 - FERDINAND E. TAURO, COURT INTERPRETER, REGIONAL TRIAL COURT, BRANCH 122, CALOOCAN CITY, Complainant, v. RACQUEL O. ARCE, CLERK III, REGIONAL TRIAL COURT, BRANCH 122, CALOOCAN CITY, Respondent.

  • G.R. No. 204289, November 22, 2017 - FERNANDO MANCOL, JR., Petitioner, v. DEVELOPMENT BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 220440, November 08, 2017 - KATHERINE ROSE SALVA, Petitioner, v. ILDEFONSO P. MAGPILE, Respondent.

  • G.R. No. 218570, November 22, 2017 - BEN MANANGAN, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 219260, November 06, 2017 - BERNICE JOAN TI, Petitioner, v. MANUEL S. DI�O, Respondent.

  • G.R. No. 230230, November 20, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NI�O CALIBOD Y HENOBESO, Accused-Appellant.

  • G.R. No. 194001, November 22, 2017 - MARIA VILMA G. DOCTOR AND JAIME LAO, JR., Petitioners, v. NII ENTERPRISES AND/OR MRS. NILDA C. IGNACIO, Respondents.

  • G.R. No. 229781, October 10, 2017 - SENATOR LEILA M. DE LIMA, Petitioner, v. HON. JUANITA GUERRERO, IN HER CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT OF MUNTINLUPA CITY, BRANCH 204, PEOPLE OF THE PHILIPPINES, P/DIR. GEN. RONALD M. DELA ROSA, IN HIS CAPACITY AS CHIEF OF THE PHILIPPINE NATIONAL POLICE, PSUPT. PHILIP GIL M. PHILIPPS, IN HIS CAPACITY AS DIRECTOR, HEADQUARTERS SUPPORT SERVICE, SUPT. ARNEL JAMANDRON APUD, IN HIS CAPACITY AS CHIEF, PNP CUSTODIAL SERVICE UNIT, AND ALL PERSONS ACTING UNDER THEIR CONTROL, SUPERVISION, INSTRUCTION OR DIRECTION IN RELATION TO THE ORDERS THAT MAY BE ISSUED BY THE COURT, Respondent.

  • A.C. No. 11836, November 21, 2017 - CARLINA P. ROBI�OL, Complainant, v. ATTY. EDILBERTO P. BASSIG, Respondent.

  • G.R. Nos. 193020, & 193040-193042, November 08, 2017 - NAPOLEON O. CEDENO, Petitioner, v. PEOPLE OF THE PHILIPPINES AND THE SANDIGANBAYAN, FIFTH DIVISION, Respondents.; G.R. Nos. 193349-54 - MAKIL PUNDAODAYA, DAUD M. ADIONG, JOSE T. NAVERA AND ROGELIO DELOS REYES, Petitioners, v. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 214673, November 20, 2017 - RIZALDO L. ORSOS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 218418, November 08, 2017 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE REGIONAL EXECUTIVE DIRECTOR, DENR, REGION IV, MANILA, Petitioner, v. THE HEIRS OF MEYNARDO CABRERA, AS HEREIN REPRESENTED BY MEYNARDO CABRERA, JR. AND ALMA RODRIGUEZ CABRERA, THE HEIRS OF CONSOLACION DIMACULANGAN CABRERA, AS HEREIN REPRESENTED BY ALEXANDER CABRERA, MANIBI CABRERA, MILAGROS CABRERA GARA, AND RAUL CABRERA, JACKSON CINCO DY, LORETA AGBAYANI, GLORIA SORIANO, CRIS CALMA, NORA LIWANAG AND THE REGISTER OF DEEDS OF ORIENTAL MINDORO, Respondents.

  • G.R. No. 202613, November 08, 2017 - SYMEX SECURITY SERVICES, INC. AND RAFAEL Y. ARCEGA, Petitioners, v. MAGDALINO O. RIVERA, JR. AND ROBERTO B. YAGO, Respondents.

  • G.R. No. 205576, November 20, 2017 - MIGUEL D. ESCOBAR, EUGENE L. ALZATE, PERLA C. MAGLINTE, CESAR M. CAGANG, AND VIVENCIA S. TELESFORO, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 221815, November 29, 2017 - GLYNNA FORONDA-CRYSTAL, Petitioner, v. ANIANA LAWAS SON, Respondent.

  • G.R. No. 230682, November 29, 2017 - JOLO'S KIDDIE CARTS/ FUN4KIDS/ MARLO U. CABILI, Petitioners, v. EVELYN A. CABALLA AND ANTHONY M. BAUTISTA, Respondents.

  • A.C. No. 11750, November 22, 2017 - REMEDIOS C. BALBIN, Complainant, v. ATTY. WILFREDO R. CORTEZ, Respondent.

  • G.R. No. 210080, November 22, 2017 - MACARIO S. PADILLA, Petitioner, v. AIRBORNE SECURITY SERVICE, INC. AND/OR CATALINA SOLIS, Respondent.

  • G.R. No. 225995, November 20, 2017 - TEODORO V. VENTURA, JR., Petitioner, v. CREWTECH SHIPMANAGEMENT PHILIPPINES, INC.,* RIZZO-BOTTIGLIERI-DE CARLINI ARMATORI S.P.A., AND/OR ANGELITA ANCHETA, Respondents.

  • G.R. No. 184819, November 29, 2017 - VETERANS FEDERATION OF THE PHILIPPINES, Petitioner, v. EDUARDO L. MONTENEJO, MYLENE M. BONIFACIO, EVANGELINE E. VALVERDE, DEANA N. PAGAL, AND VFP MANAGEMENT DEVELOPMENT CORPORATION, Respondents.

  • G.R. No. 207805, November 22, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CESAR BALAO Y LOPEZ, Accused-Appellant.

  • G.R. No. 229335, November 29, 2017 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), Petitioner, v. BELLY H. NG, REPRESENTED BY ANNABELLE G. WONG, Respondent.

  • G.R. No. 208224, November 22, 2017 - DR. JOSEPH L. MALIXI, DR. EMELITA Q. FIRMACION, MARIETTA MENDOZA, AURORA AGUSTIN, NORA AGUILAR, MA. THERESA M. BEFETEL, AND MYRNA NISAY, Petitioners, v. DR. GLORY V. BALTAZAR, Respondent.

  • G.R. No. 206958, November 08, 2017 - PERSONAL COLLECTION DIRECT SELLING, INC., Petitioner, v. TERESITA L. CARANDANG, Respondent.

  • G.R. No. 227544, November 22, 2017 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TRANSITIONS PHILIPPINES, OPTICAL INC., Respondent.

  • G.R. No. 207666, November 22, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FLORIANO TAYABAN, Accused-Appellant.

  • G.R. No. 198647, November 20, 2017 - SN ABOITIZ POWER-MAGAT, INC., Petitioner, v. THE MUNICIPALITY OF ALFONSO LISTA, IFUGAO, REPRESENTED BY THE MUNICIPAL MAYOR, Respondent.

  • G.R. No. 197519, November 08, 2017 - MINDANAO I GEOTHERMAL PARTNERSHIP, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 222031, November 22, 2017 - EMILIO CALMA, Petitioner, v. ATTY. JOSE M. LACHICA, JR.*, Respondent.

  • A.M. No. RTJ-16-2478 (Formerly OCA IPI No. 11-3637-RTJ), November 08, 2017 - DOMINADOR I. FERRER, JR., Complainant, v. JUDGE ARNIEL A. DATING, REGIONAL TRIAL COURT, BRANCH 41, DAET, CAMARINES NORTE, Respondent.

  • G.R. No. 220685, November 29, 2017 - PEOPLE OF THE PHILIPPINES, Petitioner, v. ERNESTO L. DELOS SANTOS, Respondent.

  • G.R. No. 215042, November 20, 2017 - FIELD INVESTIGATION OFFICE, Petitioner, v. P/DIRECTOR GEORGE QUINTO PIANO, Respondent.

  • G.R. No. 209906, November 22, 2017 - COCA-COLA BOTTLERS PHILS., INC., Petitioner, v. ERNANI GUINGONA ME�EZ, Respondent.

  • G.R. No. 219309, November 22, 2017 - ANGELINA CHUA AND HEIRS OF JOSE MA. CHENG SING PHUAN, Petitioners, v. SPOUSES SANTIAGO CHENG AND AVELINA SIHIYON, Respondents.

  • A.M. No. RTJ-15-2407 (Formerly OCA IPI No. 12-3834-RTJ), November 22, 2017 - EDGAR R. ERICE, Complainant, v. PRESIDING JUDGE DIONISIO C. SISON, REGIONAL TRIAL COURT, BRANCH 125, CALOOCAN CITY, Respondent.

  • G.R. No. 210568, November 08, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BENJAMIN AUSTRIA, Accused-Appellant.

  • G.R. No. 227069, November 22, 2017 - HILARIO LAMSEN, Petitioner, v. THE PEOPLE OF PHILIPPINES, Respondents.

  • A.M. No. P-15-3379 (Formerly A.M. No. 15-07-77-MeTC), November 22, 2017 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. MR. ALDEN P. COBARRUBIAS,* CLERK III; AND MR. VLADIMIR** A. BRAVO, COURT INTERPRETER II, BOTH OF METROPOLITAN TRIAL COURT [METC], BRANCH 24, MANILA, Respondents.

  • G.R. No. 216788, November 20, 2017 - UNITED INTERIOR MANGGAHAN HOMEOWNERS ASSOCIATION, REPRESENTED BY ITS PRESIDENT, DANIEL CALILUNG, Petitioner, v. HON. AMBROSIO B. DE LUNA, PRESIDING JUDGE, REGIONAL TRIAL COURT OF PALAWAN AND PUERTO PRINCESA CITY - BRANCH 51, SPOUSES EDILBERTO VILLON AND HELEN PE-VILLON, REPRESENTED BY THEIR HEIRS NAMELY: EMEE PE-VILLON, EMMANUEL PE-VILLON, ELSIE VILLON-CABRERA, ELMA VILLON-AUSTRIA, AND ELLEN FERRERO, Respondents.

  • G.R. No. 197613, November 22, 2017 - PUBLIC ATTORNEY'S OFFICE, Petitioner, v. OFFICE OF THE OMBUDSMAN AND ATTY. TERENCIA S. ERNI-RIVERA, Respondents.

  • G.R. No. 213039, November 27, 2017 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES, Petitioner, v. NATIONAL COMPANY DEVELOPMENT, Respondent.

  • G.R. No. 226454, November 20, 2017 - DIGNA RAMOS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 229502, November 08, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAFAEL DAROYA @ RAFFY, Defendant-Appellant.

  • G.R. No. 222180, November 22, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELEUTERIO BRAGAT, Accused-Appellant; JUNDIE BALVEZ AND TWO (2) JOHN DOES, Accused.

  • G.R. No. 211053, November 29, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SEGFRED L. OROZCO, MANUEL D. OSIR, AND ALBERTO B. MATURAN, ACCUSED, ERNIE N. CASTRO, Accused-Appellant.

  • G.R. No. 206965, November 29, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EMMA BOFILL PANGAN, Accused-Appellant.

  • G.R. No. 205838, November 29, 2017 - JOSEPH HARRY WALTER POOLE-BLUNDEN, Petitioner, v. UNION BANK OF THE PHILIPPINES, Respondent.

  • A.M. No. P-15-3329 [Formerly OCA I.P.I. No. 13-4165-P], November 06, 2017 - PROSECUTOR FILIPINA C. CABAUATAN, Complainant, v. DOMINGO B. UVERO, SHERIFF IV, BRANCH 12, REGIONAL TRIAL COURT, LIGAO CITY, ALBAY, Respondent.

  • G.R. No. 225146, November 20, 2017 - ROGELIO B. ANTONE, Petitioner, v. THE PEOPLE OF PHILIPPINES, Respondent.

  • G.R. No. 208614, November 27, 2017 - SIMEON TRINIDAD PIEDAD (DECEASED) SURVIVED AND ASSUMED BY HIS HEIRS, NAMELY: ELISEO PIEDAD (DECEASED)*, JOEL PIEDAD, PUBLIO PIEDAD, JR., GLORIA PIEDAD, LOT PIEDAD, ABEL PIEDAD, ALI PIEDAD, AND LEE PIEDAD, Petitioners, v. CANDELARIA LINEHAN BOBILLES AND MARIANO BOBILLES, Respondents.