G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA - July 2003 - Philipppine Supreme Court Decisions

4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v.
HE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
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July 2003 Decisions > G.R. Nos. 138195-96 July 10,
ChanRobles 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA:
Professional
Review, Inc.
THIRD DIVISION
[G.R. Nos. 138195-96. July 10, 2003.]
ChanRobles On-Line
PEOPLE OF THE PHILIPPINES, Petitioner-Appellee,
Bar Review
v. NICANOR ROA, Accused-Appellant.
DECISION
CARPIO MORALES, J.:
https://www.chanrobles.com/cralaw/2003julydecisions.php?id=605 1/27
4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
On appeal is the Joint Decision of the Regional Trial Court

of Valenzuela City, Branch 171, finding appellant Nicanor
Roa guilty of two counts of rape in Criminal Case Nos.
6294-V-97 and 6295-V-97 and sentencing him to suffer
reclusion perpetua for each count. chanrob1es virtua1 1aw 1ibrary
Two separate informations were filed on August 4, 1997

charging appellant as follows: chanrob1es virtual 1aw library
Criminal Case No. 6294-V-97
That on or about the 29th day of July, 1997 in

Valenzuela, Metro Manila and within the jurisdiction of
ChanRobles CPA this Honorable Court, the above-named accused, by
Review Online means of force and intimidation employed upon the

person of MA. NINA DELA CRUZ, 14 years old, did then
and there willfully, unlawfully and feloniously lie with and
have sexual intercourse with her against her will and
without her consent.
Contrary to law. 1
Criminal Case No. 6295-V-97
That on or about the 25th day of May, 1997 in

Valenzuela, Metro Manila and within the jurisdiction of
this Honorable Court, the above-named accused, by
means of force and intimidation employed upon the
person of MA. NINA DELA CRUZ, 14 years old, did then
ChanRobles Special and there willfully, unlawfully and feloniously lie with and
Lecture Series have sexual intercourse with her against her will and
without her consent.
Contrary to law. 2
Upon arraignment on August 15, 1997, appellant

pleaded not guilty 3 to both cases. Joint trial thereafter
ensued.
Culled from the records of the cases are the following

facts established by the prosecution: chanrob1es virtual 1aw library
On May 25, 1997, around 12:30 a.m., then 15-year old 4

Ma. Nina de la Cruz (Nina) was sleeping in her room
located at the third floor of the residence of her adopting
parents, Maxima and Melencio de la Cruz, in Ilang-Ilang
St., Balubaran, Valenzuela City. 5 Sleeping in the same
room but on a separate bed was Nina’s 23-year old
mentally deranged brother. 6
Nina was awakened when appellant, who had resided

with the de la Cruzes since 1976, he being one of the
workers in the family metal craft business, 7 armed with
a bladed weapon, suddenly entered her room. 8
Appellant then covered her mouth, held her hand and
removed her shorts and panty 9 after which he removed
his pants and brief, went on top of her and inserted his
penis into her vagina. 10 After satisfying his carnal
desire, appellant warned her not tell anyone about what
happened and left the room. 11
More than two months after the May 25, 1997 incident
or on July 29, 1997, around 1:25 a.m., Nina was, like
her brother with whom she shared her bedroom,
sleeping. 12 She was once again awakened when
appellant, also again armed with a bladed weapon,
suddenly entered her room. 13 Just like the May 25,
1997 incident, appellant removed her shorts and panty,
14 after which he too removed his pants and brief and
threatened Nina that he’ll kill her if she shouted. 15
Appellant thereafter went on top of her and inserted his
penis into her vagina. 16 His carnal desire satisfied,
appellant left the room. 17
In late July 1997, Nina’s mother, after confirming from

Nina herself that she was pregnant, confronted appellant
about the incidents but he remained silent. 18 Appellant
was thereupon asked to leave as he did, 19 he

proceeding to Melencio de la Cruz’s father’s house at Iba,
Hagonoy, Bulacan. 20 On physical examination on
August 2, 1997, Nina was found to have at least two
lacerations on the genital area, and fifteen to sixteen
weeks pregnant.
On the other hand, appellant, who was 55 21 when he

testified on November 16, 1998, denied that he raped
Nina on May 25, 1997 or on July 29, 1997. He claimed
that on May 25, 1997, around 12:30 a.m., he was at
work in the glass factory of Melencio de la Cruz’s niece
Dory de la Cruz at Hagonoy; that on July 29, 1997, he
was back at the house of the de la Cruzes at Balubaran
after Melencio de la Cruz rehired him; 22 and on July 23,
1997, he was confronted about the alleged rape and
cursed by Maxima "but [he] did not retaliate [and] just
remained silent," 23 and on even date he left and went
to the house of Melencio de la Cruz’s father at Iba,
Hagonoy, Bulacan. 24 Melencio de la Cruz, together with
his bodyguard later maltreated him and haled him into
the Hagonoy jail where he was detained. He did not
complain, however.
Finding for the prosecution, the trial court rendered the

Joint Decision on appeal the dispositive portion of which
reads: chanrob1es virtual 1aw library
WHEREFORE, finding accused Nicanor Roa y Rabino

Guilty beyond reasonable doubt of the offense charged: chanrob1es
virtual 1aw library
CRIMINAL CASE NO. 6294-V-97
He is hereby sentenced to suffer the penalty of Reclusion

Perpetua and to pay the costs. To indemnify the offended
party the amount of P75,000.00.
CRIMINAL CASE NO. 6295-V-97
He is hereby sentenced to suffer the penalty of Reclusion

Perpetua and to pay the costs.
He is further ordered to indemnify the offended party the

sum of P75,000.00.
SO ORDERED.25 cralaw:red
Appellant assails the credibility of the testimony of Nina,

a close scrutiny of which he claims readily exhibits
inconsistencies which go to the very core of her
credibility, 26 he citing the following portions of her
testimony: chanrob1es virtual 1aw library
FISCAL RAZON: (To the witness)
Q: Madam Witness, we noticed that you are pregnant,

will you kindly tell this Court how were you able to
become pregnant and who is the father of the baby
inside your womb?
A: Yes, sir, Mang Nick.
x x x
Q: Now, Madam Witness, on May 25, 1997 at around

12:30 in the morning, do you remember where you
were?
A: Yes, sir.
Q: Where were you?
A: I was inside the room sleeping.
Q: Where was your room situated then?
A: At the third floor.
Q: What is this address?
A: 41 Ilang-Ilang St., Balubaran, Valenzuela, Metro

Manila.
For bruises,
Q: And what were you doing on that date and time?
swelling, or
pain A: I was sleeping, sir.
Don't be limited by Q: And who were or was your companion, if any, inside
bruises or swelling. If your bedroom?
symptoms persist,
consult your doctor.
A: My brother, sir.
Hirudoid
Q: How old or young was your brother then?
A: 23 years, sir.
Shop Now
x x x
Q: And after removing our short and panty, what

happened next?
A: He made me lay down.
x x x 27
ATTY. RODRIGUEZ (to the witness)
Q: And you claim to have been raped by this accused in

these cases on May 25, 1997?
A: Yes, ma’am.
Q: And you claimed that the accused in these cases is

the father of that baby you are conceiving?
A: Yes, ma’am.
Q: Wherein the truth and in fact you were already

conc[ei]ving that baby even before or prior to May 25,
1997. Is that correct?
A: Yes, ma’am.
x x x 28 (Emphasis supplied)
Appellant argues that "the fact that she was already

sleeping would make it impossible for [him] to lay her
down again because these circumstances do not appear
to be in consonance with the normal course of human
nature;" 29 and that while Nina attributed her pregnancy
to appellant, she nevertheless admitted that she was
already pregnant before May 25, 1997 30 when the
alleged rape subject of the first case occurred.
Appellant’s appeal is devoid of merit.
This Court fails to see anything unusual or not being "in

consonance with the normal course of human nature" to
"lay down" one who has been awakened.
As for Nina’s attribution of her pregnancy to appellant,

albeit she admitted that she was already pregnant before
the first rape incident, the same does not infirm her
credibility. While, given her youth, she may erred in
attributing her pregnancy to appellant on account of the
May 25, 1997 incident, what matters is that she was
positive in her claim about the occurrence of the sexual
assault on her, 31 as shown in her following verbatim
testimony which the trial court did find, as does this
Court, to be candid and bereft of any indication that it
was fabricated: chanrob1es virtual 1aw library
FISCAL RAZON: (To the witness)
Q: Now, Madam Witness, on May 25, 1997 at around

12:30 in the morning, do you remember where you
were?
A: Yes, sir.
Q: Where were you?
A: I was inside the room sleeping.
Q: Where was your room situated then?
A: At the third floor.
Q: What is this address?
A: 41 Ilang-Ilang St., Balubaran, Valenzuela, Metro

Manila.
Q: And what were you doing on that date and time?
A: I was sleeping, sir.
July-2003 Q: And who were or was your companion, if any, inside

Jurisprudence your bedroom?
A: My brother, sir.
A.C. No. 5148 July
1, 2003 - RAMON P. Q: How old or young was your brother then?
REYES v. VICTORIANO
T. CHIONG A: 23 years, sir.
A.C. No. 5804 July Q: While you were sleeping were you able to sleep
1, 2003 - BENEDICTO continuously up to the following morning?
HORNILLA, ET AL. v.
ERNESTO S. SALUNAT A: No, sir.
A.C. No. 5916 July Q: Why?

1, 2003 - SELWYN F.
LAO v. ROBERT W. A: Because someone enter my room.
MEDEL
Q: Why? How was he able to enter your room, was your
A.M. No. P-94-1031 room open or lock?
July 1, 2003 - EFREN
L. DIZON v. JOSE R. x x x
BAWALAN
G.R. Nos. 142553- A: It was opened, sir.

54 July 1, 2003 -
PEOPLE OF THE PHIL. Q: And in what particular portion of the place inside your
v. ALBERT SAYANA bedroom? Was it on the floor or in other place?
G.R. No. 146397 A: At the bed, sir.

July 1, 2003 -
COSMOS BOTTLING Q: And who was with you, if any, when you were in your
CORP. v. NLRC, ET AL. bed while you were sleeping?
G.R. No. 149335 A: None, sir.

July 1, 2003 - EDILLO
C. MONTEMAYOR v. Q: Now, according to you you noticed that a man
LUIS BUNDALIAN, ET entered your place, your bedroom, what happened when
AL. you noticed him entered your bedroom?
G.R. No. 149554 A: He covered my mouth and held my hand.

July 1, 2003 - SPS
JORGE and YOLANDA Q: and after that, what did he do?
HUGUETE v. SPS
TEOFEDO and A: He undressed me.
MARITES EMBUDO
Q: What was the first part of your clothing did that man
G.R. No. 149878 remove?
July 1, 2003 - PEOPLE
OF THE PHIL. v. TIU A: My short, sir.
WON CHUA
Q: What was the next part of your clothing did he
G.R. No. 150413 remove?

July 1, 2003 -
REPUBLIC OF THE A: My panty.
PHIL. v. ALEXANDRA
LAO Q: And after removing your short and panty, what
happened next?
G.R. Nos. 150523-
25 July 2, 2003 - A: He made me lay down.
PEOPLE OF THE PHIL
v. ONOFRE M. Q: What about he what did he do to you?
GALANG
A: Then he undressed himself.
A.M. No. RTJ-03-
1755 July 3, 2003 - Q: What was the first part of his clothing did he remove?
SALVADOR P. DE
GUZMAN v. AMALIA F. A: His pants.
DY
Q: And then?
G.R. No. 145982
July 3, 2003 - FRANK A: His brief.
N. LIU, ET AL. v.
ALFREDO LOY, JR., ET Q: And after he removed his pant and brief, what did he
AL. do?
G.R. No. 146696 A: He made me lay down, he inserted his penis into my
July 3, 2003 - PEOPLE vagina.
OF THE PHIL. v.
LEONILO L. PIDOY Q: What was his position when he inserted his penis into
your vagina?
G.R. No. 152032
July 3, 2003 - A: He was on top of me.
GALLARDO U. LUCERO
v. CA, ET AL. Q: Now, how long did he take to insert his penis into
your vagina?
G.R. No. 152044
July 3, 2003 - A: Three minutes, sir.
DOMINGO LAGROSA,
ET AL. v. PEOPLE OF Q: What was your feeling during all the time that he was
THE PHIL., ET AL. inserting his penis into your vagina?
G.R. No. 157004 A: I felt pain and I was crying.

July 4, 2003 - SALLY
A. LEE v. COMELEC, Q: Why did you not ask help of shout when according to
ET AL. you, your brother was inside your bedroom?
G.R. No. 143813 A: I cannot because he was holding a knife.

July 7, 2003 - KING
INTEGRATED Q: What hand was he carrying a bladed weapon?
SECURITY SERVICES,
INC., ET AL. v. GALO A: His left hand.
S. GATAN
Q: And to what direction of portion did he point the
G.R. No. 138342 bladed weapon?
July 8, 2003 - AB
LEASING AND A: At my neck, sir.
FINANCE
CORPORATION v. x x x
COMMISSIONER OF
INTERNAL REVENUE
Q: Now, on July 29, 1997 at around 1:25 early in the
G.R. No. 141324 morning, do you still remember where you were?
July 8, 2003 - SPS.
VIRGINIA and EMILIO A: I was in the room, sir.
JUNSON, ET AL. v.
SPS. BENEDICTA and Q: And also the same room were you staying before?
ANTONIO MARTINEZ
A: Yes, sir.
G.R. No. 148134
July 8, 2003 - PEOPLE Q: What were you doing?
OF THE PHIL. v.
GEORGE BUENAFLOR A: I was sleeping, sir.
G.R. Nos. 148368- Q: Who was with you at that time inside the bedroom?
70 July 8, 2003 -
PEOPLE OF THE PHIL. A: My brother, sir.
v. EDUARDO M.
FABIAN Q: Were you able to sleep well that night?
G.R. No. 151783 A: No, sir.

July 8, 2003 -
VICTORINO Q: Why, will you kindly tell the reason?
SAVELLANO, ET AL. v.
NORTHWEST A: Because he enter the room again.
AIRLINES
Q: Who enter the room?
G.R. No. 152085
July 8, 2003 - A: Mang Nick.
MARCIANA ALARCON,
ET AL. v. COURT OF Q: And when he entered the room, what did he do next?
APPEALS ET AL.
A: He undressed me, he removed my short and my
G.R. No. 152476 panty and then he made me lay down then he removed
July 8, 2003 - UNITED his pants and brief.
SPECIAL WATCHMAN
AGENCY v. COURT OF Q: Why did you not shout and ask for help?
APPEALS, ET AL.
A: I was scared.
G.R. No. 154093
July 8, 2003 - GSIS v. Q: Why were you scared?
LEO L. CADIZ
A: Because he tells me that he will kill me if I will shout.
G.R. No. 154184
July 8, 2003 - Q: Was he carrying anything?
TEODORA and
RODOLFO CAPACETE A: Yes, sir.
v. VENANCIA
BARORO, ET AL. Q: What was he carrying?
G.R. No. 154203 A: A knife, sir.

July 8, 2003 - REY
CARLO and GLADYS Q: Will you kindly demonstrate before this Court the
RIVERA v. VIRGILIO length of the bladed weapon he was carrying during the
RIVERA May 25 incident (Witness demonstrating)
A.M. No. MTJ-01- COURT: chanrob1es virtual 1aw library
1346 July 9, 2003 -
How do you estimate the size?

RUDY G. LACADIN v.
MARVIN B. MANGINO FISCAL RAZON: chanrob1es virtual 1aw library
G.R. No. 147149 Six inches, Your Honor.

July 9, 2003 - PEOPLE
OF THE PHIL. v. FISCAL RAZON: (To the witness)
CARLOS MANANSALA
Q: That include the handle.

G.R. No. 153888
July 9, 2003 - A: No, sir.
ISLAMIC DA’WAH
COUNCIL OF THE FISCAL RAZON: chanrob1es virtual 1aw library
PHIL. v. OFFICE OF
THE EXECUTIVE
Ten inches including the handle.
SECRETARY, ET AL.
COURT: chanrob1es virtual 1aw library
A.M. No. 01-1-15-

RTC July 10, 2003 -
Do you agree?
URGENT
APPEAL/PETITION FOR
ATTY. RODRIGUEZ:
IMMEDIATE
chanrob1es virtual 1aw library
SUSPENSION &
DISMISSAL OF JUDGE Yes, your Honor.
EMILIO B. LEGASPI,
RTC, Iloilo City, Br. 22 FISCAL RAZON: (To the witness)
A.M. No. MTJ-03- Q: What about the bladed weapon he was carrying
1496 July 10, 2003 - during the July 29 incident, will you kindly tell this Court
ELIEZER R. DE LOS how long?
SANTOS v. MARVIN B.
MANGINO A: It was the same bladed weapon that he was carrying
on May 25, sir.
G.R. No. 131442

July 10, 2003 - Q: After he removed his pants and brief, what did he do
BANGUS FRY to you?
FISHERFOLK, ET AL.
v. ENRICO LANZANAS, A: He inserted his penis into my vagina.
ET AL.
Q: And he was on your top at that time?
G.R. Nos. 138195-

96 July 10, 2003 - A: Yes, sir.
PEOPLE OF THE PHIL.
v. NICANOR ROA x x x 32
G.R. No. 140183 The prosecution having by its evidence prima facie
July 10, 2003 - established appellant’s guilt beyond reasonable doubt,
TEODORO K. the burden of evidence shifted on him. Appellant’s
KATIGBAK, ET AL. v. evidence, however, is weak and fails to controvert the
SANDIGANBAYAN, ET positive declaration of Nina who was not shown to have
AL. any reason to falsely charge him. His admitted silence
when Nina’s mother confronted and even cursed him by
G.R. No. 144672 his claim, betrays his guilt just as his passivity does
July 10, 2003 - SAN when he was allegedly maltreated and haled into jail by
MIGUEL CORP. v. Nina’s father on account of the incidents. For an innocent
MAERC INTEGRATED man would certainly strongly protest and deny a false
SERVICES, INC., ET accusation and do something positive to spare himself of
AL. punishment. But he did not.
G.R. No. 150487 Following Section 32 of Rule 130 of the Revised Rules on
July 10, 2003 - Evidence which provides: chanrob1es virtual 1aw library
GERARDO F. SAMSON
JR. v. BANK OF THE SECTION 32. Admission by silence. — An act or
PHILIPPINE ISLANDS declaration made in the presence and within the hearing
observation of a party who does or says nothing when
G.R. No. 157013 the act or declaration is such as naturally to call for
July 10, 2003 - action or comment if not true, and when proper and
ROMULO B. possible for him to do so, may be given in evidence
MACALINTAL v. against him.
COMELEC, ET AL.
he is, by his silence, deemed to have admitted the

A.M. No. P-03-1709 charges.
July 11, 2003 - EDNA
B. DAVID v. In fine, this Court finds that the trial court committed no
ANGELINA C. error in finding appellant guilty beyond reasonable doubt
RILLORTA of two counts of rape.
G.R. No. 127489 On the civil aspect of the cases, the trial court ordered
July 11, 2003 - appellant to indemnify complainant P75,000.00 for each
PEOPLE OF THE PHIL. count of rape. In accordance with prevailing

v. ALFREDO GALLEGO, jurisprudence, however, the amount of P50,000.00 for
ET AL. each count should be awarded for purposes of civil
indemnity. 33 And following People v. Sitao, 34 the
G.R. No. 133237 victim should also be awarded moral damages of
July 11, 2003 - P50,000.00 for each count.
PEOPLE OF THE PHIL.
v. ERNESTO I. DIZON More. In People v. Catubig, 35 this Court held that if an
aggravating circumstance is not alleged in the
G.R. No. 143958 information but is established during trial, the
July 11, 2003 - complainant may still be entitled to exemplary damages.
ALFRED FRITZ In the case at bar, although the use by appellant of
FRENZEL v. EDERLINA bladed weapon was not alleged in the information, the
P. CATITO testimony of Nina that he did use one suffices to entitle
her to exemplary damages of P25,000.00 for each count.
A.C. No. 4078 July
14, 2003 - WILLIAM WHEREFORE, the appealed Decision dated March 30,
ONG GENATO v. ATTY. 1999 of the Regional Trial Court of Valenzuela City,
ESSEX L. SILAPAN Branch 171, finding appellant Nicanor Roa guilty beyond
reasonable doubt of two counts of rape and sentencing
A.M. No. 03-1787- him in each case to suffer the penalty of reclusion
RTJ July 14, 2003 - perpetua is AFFIRMED with the MODIFICATION that for
SPS. RODOLFO and each count, appellant is ordered to pay complainant, Ma.
VIOLETA GUEVARRA v. Nina de la Cruz, the amounts of P50,000.00 as civil
BONIFACIO SANZ indemnity, P50,000.00 as moral damages, and
MACEDA P25,000.00 as exemplary damages. chanrob1es virtua1 1aw 1ibrary
G.R. No. 109791 SO ORDERED.

July 14, 2003 -
PHILIPPINE PORTS Puno, Panganiban and Corona, JJ., concur.
AUTHORITY v. CITY
OF ILOILO Sandoval-Gutierrez, J., on official leave.
G.R. Nos. 128159-

62 July 14, 2003 - Endnotes:
PEOPLE OF THE PHIL.

v. HIPOLITO PASCUA
1. Rollo at 6.
G.R. No. 129988 2. Id. at 7.

July 14, 2003 - CHINA
AIRLINES v. COURT 3. Records at 10.
OF APPEALS, ET AL.
4. Based on the certification from the local
G.R. No. 143989 Civil Registry of Valenzuela City (Records at
July 14, 2003 - 73-a), complainant was born on January 18,
ISABELITA S. LAHOM 1982, hence, she was 15 years old on the
v. JOSE MELVIN dates of the crimes charged.
SIBULO
5. Transcript of Stenographic Notes (TSN),
G.R. No. 144214 September 22, 1997 at 4.
July 14, 2003 -
LUZVIMINDA J. 6. TSN, October 24, 1997 at 18.
VILLAREAL v.
DONALDO EFREN C. 7. TSN, October 24, 1997 at 16–17.
RAMIREZ, ET AL.
8. TSN, September 22, 1997 at 5.
G.R. No. 146875
July 14, 2003 - JOSE 9. Id. at 6.
G. MENDOZA, ET AL.
v. MANUEL D. LAXINA, 10. Id. at 7.
SR.
11. Id. at 8–9.
G.R. No. 149784
July 14, 2003 - 12. Id. at 9.
PEOPLE OF THE PHIL.
v. CAMILO D. ANSUS 13. Id. at 9–10.
G.R. No. 150947 14. Id. at 10.

July 15, 2003 -
COMMISSIONER OF 15. Ibid.
INTERNAL REVENUE v.
MICHEL J. LHUILLIER 16. Id. at 11.
PAWNSHOP, INC.
17. Id. at 11–12.
G.R. No. 152154
July 15, 2003 - 18. Id. at 4.
REPUBLIC OF THE
PHIL. v. 19. Id. at 3–4.

SANDIGANBAYAN, ET
AL. 20. Id. at 4; TSN, January 25, 1999 at 8–9.
A.M. No. 02-8-188- 21. TSN, November 16, 1998 at 2.

MTCC July 17, 2003 -
REPORT ON THE 22. TSN, January 25, 1999 at 2.
JUDICIAL AUDIT
CONDUCTED IN THE 23. Id. at 7.
MTCC-Brs. 1, 2 & 3,
Mandaue City 24. Ibid.
A.M. No. MTJ-01- 25. Rollo at 31–32.

1383 July 17, 2003 -
PERLITA AVANCENA v. 26. Id. at 57.
RICARDO P. LIWANAG
27 TSN, September 22, 1997 at 3–6.
A.M. No. P-02-1576
July 17, 2003 - 28. TSN, October 24, 1997 at 24.
VEDASTO TOLARBA v.
ANGEL C. CONEJERO 29. Rollo at 58.
G.R. Nos. 98494- 30. Ibid.

98692, 99006-20,
99059-99259, 99309- 31. People v. Villaluna, 303 SCRA 518 (1999).
18, 99412-16 &
99436-996369, 32. TSN, September 22, 1997 at 4–11.
99417-21 & 99637-
99837 & 99887- 33. People v. Ferrer, G.R. No. 139695, August
100084 July 17, 2003 26, 2002.
- ROGELIO ALVIZO,
ET AL. v. 34. G.R. No. 146790, August 22, 2002.
SANDIGANBAYAN, ET
AL. 35. 363 SCRA 621 (2001)
G.R. No. 127848

July 17, 2003 -
PEOPLE OF THE PHIL.
v. MARLENE OLERMO Back to Home | Back to Main
G.R. No. 136741

July 17, 2003 -
PEOPLE OF THE PHIL.
v. VICTOR B. AÑORA
G.R. Nos. 138931-

32 July 17, 2003 -
PEOPLE OF THE PHIL.
v. JOSELITO D. DELA
CRUZ
G.R. No. 140895

July 17, 2003 -
PEOPLE OF THE PHIL.
v. ALMA BISDA, ET
AL.
G.R. No. 141121

July 17, 2003 -
PEOPLE OF THE PHIL.
v. REYNALDO S.
LOZADA
G.R. Nos. 143002-

03 July 17, 2003 -
PEOPLE OF THE PHIL.
v. CHARMIE G.
SERVANO
G.R. No. 143294

July 17, 2003 -
PEOPLE OF THE PHIL.
v. CIRILO MAGALONA
G.R. No. 146590

July 17, 2003 -
PEOPLE OF THE PHIL.
v. DOMINGO G.
OPERARIO
G.R. No. 114951

July 18, 2003 -
PHILIPPINE
COMMERCIAL
INTERNATIONAL BANK
v. COURT OF
APPEALS, ET AL.
G.R. No. 140348

July 18, 2003 -
PEOPLE OF THE PHIL.
v. GERRYMEL P.
ESTILLORE
G.R. No. 141259

July 18, 2003 -
PEOPLE OF THE PHIL.
v. LAMBERTINO
PRIETO
G.R. No. 147010

July 18, 2003 -
PIONEER INSURANCE
AND SURETY CORP. v.
DE DIOS
TRANSPORTATION CO.
G.R. No. 148821

July 18, 2003 -
PEOPLE OF THE PHIL.
v. JERRY FERRER
G.R. No. 151216

July 18, 2003 -
MANUEL MILLA v.
REGINA BALMORES-
LAXA
G.R. Nos. 153664

& 153665 July 18,
2003 - GRAND
BOULEVARD HOTEL v.
GENUINE LABOR
ORGANIZATION OF
WORKERS IN HOTEL
A.M. No. 00-3-50-

MTC July 21, 2003 -
REPORT ON THE
JUDICIAL AUDIT
CONDUCTED IN THE
MTC, BOCAUE,
BULACAN
G.R. No. 104768

July 21, 2003 -
REPUBLIC OF THE
PHIL. v.
SANDIGANBAYAN, ET
AL.
G.R. No. 143467

July 21, 2003 -
KALAYAAN ARTS AND
CRAFTS v. MANUEL
ANGLO, ET AL.
G.R. No. 107199

July 22, 2003 - CEBU
CONTRACTORS
CONSORTIUM CO. v.
COURT OF APPEALS,
ET AL.
G.R. Nos. 132076

& 140989 July 22,
2003 - ROBERTO U.
GENOVA v. LEVITA
DE. CASTRO
G.R. No. 140549

July 22, 2003 -
PEOPLE OF THE PHIL.
v. JOHN PETER HIPOL
G.R. No. 149531

July 22, 2003 -
PEOPLE OF THE PHIL.
v. ERNESTO RAMIREZ
G.R. No. 153686

July 22, 2003 -
LEANDRO A. SULLER
v. SANDIGANBAYAN
A.M. No. CA-03-35

July 24, 2003 -
ROSALIO DE LA ROSA
v. JOSE L. SABIO, ET
AL.
G.R. No. 132218

July 24, 2003 -
PEOPLE OF THE PHIL.
v. JOSE NAVARRO, JR.
G.R. No. 143395

July 24, 2003 -
WILFREDO SILVERIO,
ET AL. v. COURT OF
APPEALS, ET AL.
G.R. No. 150618

July 24, 2003 -
EVANGELINE
CABRERA v. PEOPLE
OF THE PHIL., ET AL.
A.M. No. MTJ-03-

1482 July 25, 2003 -
ILUMINADA
SANTILLAN VDA. DE
NEPOMUCENO v.
NICASIO V.
BARTOLOME
G.R. No. 127878

July 25, 2003 -
PEOPLE OF THE PHIL
v. MAURO M. DE
JESUS
G.R. No. 143124

July 25, 2003 -
PEOPLE OF THE PHIL.
v. ANTHONY E.
SANDIG
G.R. No. 146956

July 25, 2003 -
PEOPLE OF THE PHIL.
v. ROGER B.
FEDERICO
G.R. No. 150159

July 25, 2003 -
TERESITA VILLAREAL
MANIPOR, ET AL. v.
SPS. PABLO and
ANTONIA RICAFORT
G.R. No. 154489

July 25, 2003 - FAR
EAST BANK AND
TRUST CO., ET AL. v.
SPS. ROMULO &
WILMA PLAZA
A.C. No. 4838 July

29, 2003 - EMILIO
GRANDE v.
EVANGELINE DE
SILVA
A.C. No. 5332 July

29, 2003 - JOHNNY
K.H. UY v. REYNALDO
C. DEPASUCAT, ET AL.
A.M. No. P-02-1663

July 29, 2003 -
MARITES B. KEE v.
JULIET H. CALINGIN
A.M. No. P-03-1702

July 29, 2003 - LYDIA
Q. LAYOSA v.
TONETTE M.
SALAMANCA
G.R. Nos. 136760

& 138378 July 29,
2003 - SENATE BLUE
RIBBON COMMITTEE
v. JOSE B.
MAJADUCON, ET AL.
G.R. Nos. 137587

& 138329 July 29,
2003 - PEOPLE OF
THE PHIL v. TEOFILO

I. MADRONIO
G.R. No. 142565

July 29, 2003 -
PEOPLE OF THE PHIL.
v. NESTOR G.
SORIANO
G.R. No. 145349

July 29, 2003 -
PEOPLE OF THE PHIL.
v. JENIS PATEÑO
G.R. No. 152121

July 29, 2003 -
EDUARDO G. EVIOTA
v. COURT OF
APPEALS, ET AL.
G.R. Nos. 133923-

24 July 30, 2003 -
PEOPLE OF THE PHIL.
v. JUANITO IBAÑEZ
G.R. No. 152122

July 30, 2003 - CHINA
AIRLINES v. DANIEL
CHIOK
G.R. Nos. 155217

and 156393 July 30,
2003 - GATEWAY
ELECTRONICS CORP.
v. LAND BANK OF THE
PHIL.
A.M. No. 00-11-

566-RTC July 31,
2003 - RE: REQUEST

OF JUDGE SYLVIA G.
JURAO
A.M. No. RTJ-03-

1747 July 31, 2003 -
PROCOPIO S.
BELTRAN v. MAXIMO
G. PADERANGA
A.M. No. RTJ-03-

1783 July 31, 2003 -
CHRISTOPHER V.
AGUILAR v. ROLANDO
C. HOW, ET AL.
A.M. No. RTJ-03-

1790 July 31, 2003 -
PABLO B. FRANCISCO
v. HILARIO F.
CORCUERA
G.R. No. 120874

July 31, 2003 -
NAPOLEON TUGADE,
SR., ET AL. v. COURT
OF APPEALS, ET AL.
G.R. No. 124699

July 31, 2003 - BOGO-
MEDELLIN MILLING
CO. v. COURT OF
APPEALS, ET AL.
G.R. No. 139120

July 31, 2003 - SPS.
FREDDIE &
ELIZABETH WEBB, ET
AL. v. SECRETARY OF
JUSTICE, ET AL.
G.R. No. 143126

July 31, 2003 -
PEOPLE OF THE PHIL.
v. ERIC V. BALTAZAR
G.R. No. 145260

July 31, 2003 - CITY
OF ILIGAN v.
PRINCIPAL
MANAGEMENT GROUP
G.R. Nos. 146693-

94 July 31, 2003 -
PEOPLE OF THE PHIL.
v. ROLANDO
MENDOZA
G.R. No. 148725

July 31, 2003 -
PEOPLE OF THE PHIL.
v. LUIS TAMPIS, ET
AL.
G.R. No. 154650

July 31, 2003 - SPS.
MANUEL and
CORAZON CAMARA v.
SPS. JOSE and
PAULINA MALABAO
G.R. No. 154826

July 31, 2003 - ROMY
AGAG v. ALPHA
FINANCING CORP.
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G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA - July 2003 - Philipppine Supreme Court Decisions

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HE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions

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July 2003 - Philippine Supreme Court Decisions/Resolutions

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[G.R. Nos. 138195-96. July 10, 2003.]

CARPIO MORALES, J.:

On appeal is the Joint Decision of the Regional Trial Court

Two separate informations were filed on August 4, 1997

Criminal Case No. 6294-V-97

That on or about the 29th day of July, 1997 in

ChanRobles CPA this Honorable Court, the above-named accused, by

Review Online means of force and intimidation employed upon the

Criminal Case No. 6295-V-97

That on or about the 25th day of May, 1997 in

Upon arraignment on August 15, 1997, appellant

Culled from the records of the cases are the following

On May 25, 1997, around 12:30 a.m., then 15-year old 4

Nina was awakened when appellant, who had resided

In late July 1997, Nina’s mother, after confirming from

was thereupon asked to leave as he did, 19 he

On the other hand, appellant, who was 55 21 when he

Finding for the prosecution, the trial court rendered the

WHEREFORE, finding accused Nicanor Roa y Rabino

virtual 1aw library

CRIMINAL CASE NO. 6294-V-97

He is hereby sentenced to suffer the penalty of Reclusion

CRIMINAL CASE NO. 6295-V-97

He is hereby sentenced to suffer the penalty of Reclusion

He is further ordered to indemnify the offended party the

Appellant assails the credibility of the testimony of Nina,

FISCAL RAZON: (To the witness)

Q: Madam Witness, we noticed that you are pregnant,

A: Yes, sir, Mang Nick.

Q: Now, Madam Witness, on May 25, 1997 at around

Q: Where were you?

A: I was inside the room sleeping.

Q: Where was your room situated then?

A: At the third floor.

Q: What is this address?

A: 41 Ilang-Ilang St., Balubaran, Valenzuela, Metro

Q: And after removing our short and panty, what

A: He made me lay down.

ATTY. RODRIGUEZ (to the witness)

Q: And you claim to have been raped by this accused in

Q: And you claimed that the accused in these cases is

Q: Wherein the truth and in fact you were already

Appellant argues that "the fact that she was already

Appellant’s appeal is devoid of merit.

This Court fails to see anything unusual or not being "in

As for Nina’s attribution of her pregnancy to appellant,

FISCAL RAZON: (To the witness)

Q: Now, Madam Witness, on May 25, 1997 at around

Q: Where were you?

A: I was inside the room sleeping.

Q: Where was your room situated then?

A: At the third floor.

Q: What is this address?

A: 41 Ilang-Ilang St., Balubaran, Valenzuela, Metro

Q: And what were you doing on that date and time?

A: I was sleeping, sir.

July-2003 Q: And who were or was your companion, if any, inside