G.R. NO. 180923 - THE PEOPLE OF THE PHILIPPINES v. SOLOMON DIONEDA Y DELA CRUZ: April 2009 - Philipppine Supreme Court Decisions

G.R. NO. 180923 - THE PEOPLE OF THE PHILIPPINES v.
SOLOMON DION… Y DELA CRUZ : April 2009 - Philipppine Supreme Court Decisions 7/16/21, 8:34 PM
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April 2009 Decisions > G.R. NO. 180923 - THE PEOPLE
OF THE PHILIPPINES v. SOLOMON DIONEDA Y DELA
CRUZ:
G.R. NO. 180923 - THE PEOPLE OF THE PHILIPPINES v.

SOLOMON DIONEDA Y DELA CRUZ
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ChanRobles
Professional SECOND DIVISION
Review, Inc.
[G.R. NO. 180923 : April 30, 2009]
PEOPLE OF THE PHILIPPINES, Appellee, v.

SALOMON DIONEDA Y DELA CRUZ a.k.a. SIMON
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G.R. NO. 180923 - THE PEOPLE OF THE PHILIPPINES v. SOLOMON DION… Y DELA CRUZ : April 2009 - Philipppine Supreme Court Decisions 7/16/21, 8:34 PM
DIONEDA DELA CRUZ, Appellant.
DECISION
CARPIO MORALES, J.:
On appeal is the January 31, 2007 Decision 1 of the

Court of Appeals in CA-G.R. CR-H.C. No. 02096 which
affirmed with modification the February 4, 2004
Decision of Branch 107 of the Regional Trial Court in
Quezon City finding Salomon Dioneda y Dela Cruz 2

ChanRobles On-
a.k.a. Simon Dioneda Dela Cruz (appellant) guilty of
Line Bar Review
raping six year old AAA 3 in Criminal Case No. Q-00-
94913.
Appellant, by Information filed on August 29, 2000,

was charged for rape as follows:
That on or about the 27th day of August, 2000 in

Quezon City, Philippines, the above-named accused, a
minor 17 years of age, by means of force and
intimidation, with lewd designs, did, then and there,
willfully, unlawfully and feloniously put himself on top
of one AAA, a minor 6 years of age, and thereafter
have carnal knowledge with said complainant against
her will and without her consent, to her damage and
prejudice.
ChanRobles CPA
Review Online CONTRARY TO LAW. 4
Through the testimonies of AAA, her parents BBB 5 and
CCC, 6 Dr. Jaime Rodrigo Leal, Eddie Roque and SPO3

Violeta Balanse, the prosecution proffered the following
version:
At about 6:00 o'clock in the evening of August 27,
2000, AAA, then six (6) years old, she having born on
May 14, 1994 to BBB and CCC, 7 went to her neighbor

Ruth Dajao's three-storey house at Belen Street,
Gulod, Novaliches, Quezon City with the intention of
playing with the latter's son, Iking (Iking). 8 On

reaching the first floor, AAA met appellant, a helper of
the Dajao family who usually goes to her residence,
who told her that Iking was already asleep at the third
floor. AAA just the same went up the third floor of the
house and saw that Iking was indeed sleeping. 9 She

thus went down and decided to go home.
When AAA reached the first floor, appellant prevented

ChanRobles Special
her from leaving, saying "Sandali lang," he telling her
Lecture Series
that the two of them were going to play. She refused
but appellant held her arm, forcing her to return to the
second floor. Appellant caught up with her, however,
made her lie down on the floor and placed himself on
top of her. He then carried her to a double-deck bed
where he laid her down, removed her panties,
undressed himself, went on top of her, and inserted his
penis into her vagina. She experienced pain. He then
wiped her vagina and warned her not to tell the
incident to anybody. She stood up, put on her panties
and ran straight to her house crying. 10
Her parents asked her why she was crying to which she
replied that her vagina was aching because "Kuya
Jong," whom she identified as appellant, did something
bad to her. She thereupon showed them her "kikay,"
referring to her vagina, and her panties with
bloodstains. 11 She related that appellant went on top

April-2009 of her and placed his penis in her vagina. Furious, her
Jurisprudence parents stepped out of the house and looked for
appellant. 12
On seeing appellant in Dajao's house, BBB tried to

A.C. No. 5195 -
attack him but was restrained by CCC and several
NELIA PASUMBAL DE-
neighbors who had in the meantime gotten wind of the
CHAVEZ-BLANCO
incident. AAA, together with her parents, reported the
REPRESENTED BY
incident to the authorities who thereafter arrested
ATTY. EUGENIA J. MU
OS v. ATTY. JAIME appellant. 13
LUMASAG, JR.
Dr. Jaime Rodrigo Leal, the Medico-Legal Officer of the
Philippine National Police (PNP), Camp Crame,
A.C. No. 7813 -
examined AAA and found her hymen bruised and an
Carlito P. Carangdang
abrasion in the area surrounding the hymen and a 0.3
v. Atty. Gilbert S.
cm. fresh laceration with blood clots at the posterior
Obmina
fourchette, indicating that it occurred within 24 hours
prior to the examination. The doctor opined that his
A.M. No. 2008-12-
findings on AAA's genitalia were indicative of
SC Formerly A.M. No.
penetration and consistent with her disclosure of sexual
08-7-4-SC and A.M.
abuse. 14
NO. P-08-2510 - IN
RE: IMPROPER AAA's mother noticed that after the rape incident, AAA
SOLICATATION OF
had difficulty urinating and "kinikilig." 15 Ï‚Î·Î±Ã±rÎ¿blÎµÅ¡ Î½Î¹râ€ Ï…Î±l lÎ±Ï‰ lÎ¹brÎ±rÃ¿
COURT EMPLOYEES /
OFFICE OF THE Denying the accusation, appellant gave the following
COURT version: At around 6:00 to 7:00 o'clock that evening of
ADMINISTRATOR v. August 27, 2000, he was watching television at the
SHEELA R. NOBLEZA first floor of the house of the Dajaos. He later gathered
the clothes from the clothesline and saw AAA outside
A.M. No. MTJ-06- the house holding her toys and playing with someone
1651 Formerly OCA he did not know. AAA's father BBB soon appeared and
IPI No. 04-1576-MTJ shouted at him, accusing him of having raped her
- PROSECUTOR daughter, and was later brought to the police station
ROBERT M. VISBAL v. where he was detained.
JUDGE WENCESLAO
By Decision dated February 4, 2004, the trial court
B. VANILLA
found appellant guilty of rape as charged under Article

A.M. No. MTJ-08- 266-A, paragraph 1(d) of the Revised Penal Code, as
1706 Formerly OCA amended by Republic Act (R.A.) No. 8353.
IPI No. 08-1984-MTJ
Considering, however, that appellant was only 17 years
- MUTYA B. VICTORIO
old when he committed the crime on August 27, 2000,
v. JUDGE MAXWELL
having been born on September 24, 1982 as shown by
S. ROSETE
his birth certificate, he was credited with the privilege
mitigating circumstance of minority to lower the
A.M. NO. P-05-
1996 - ESTELITO R. penalty by one degree â”€ reclusion perpetua. 16 Thus
MARABE v. TYRONE V. the trial court disposed:
TAN WHEREFORE, IN VIEW OF THE FOREGOING, the

prosecution having established the guilt of the accused
A.M. No. P-05-2065 beyond reasonable doubt, this Court finds the accused
- REPORT ON THE SALOMON DIONEDA Y DELA CRUZ a.k.a. SIMON
FINANCIAL AUDIT DIONEDA Y DELA CRUZ, guilty of the offense charged.
ETC. He is hereby sentenced:
A.M. No. P-07-2298 1. To suffer the penalty of reclusion
and A.M. No. P-07- perpetua;
2299 - Peteb B.
2. To pay the private complainant, (AAA) x
Mallonga v. Marites R.
x x civil indemnity in the amount of
Manio / Hon. Lyliha
P50,000.00;
Abella-Aquino v.
Marites R. Manio 3. To pay the x x x private complainant the
amount of P50,000.00 for exemplary
A.M. No. P-07-2321 damages;
Formerly OCA I.P.I.
4. To pay further the x x x private
No. 07-2492-P -
complainant the amount of P50.000.00 as
JUDGE PELAGIA
moral damages; and
DALMACIO-JOAQUIN
cralawlibrary
v. NICOMEDES C. 5. The accused is hereby ordered, upon his

DELA CRUZ ETC. release from detention, not to approach the
private complainant in school, in the church,
A.M. No. P-07-2344 in the malls or anywhere else; he shall

- DOMINGO U. never contact the private complainant either
SABADO, JR. v. by telephone, cellphone or send text
LANIEL P. JORNADA messages or with the use of any electrical
ETC. device or even letters, otherwise, the
private complainant can seek the assistance
A.M. No. P-07-2366 of this Court.
Formerly OCA-I.P.I.
No. 07-2519-P - SO ORDERED. 17
OFFICE OF THE The records of the case were forwarded to this Court
COURT
on appeal of appellant. 18 Per People v. Mateo, 19
ADMINISTRATOR v.
however, the Court referred the case to the Court of
MA. CELIA A. FLORES
Appeals by Resolution of September 28, 2005. 20
A.M. No. P-08-2469 The appellate court, by Decision of January 31, 2007,
Formerly OCA IPI No. affirmed the factual findings of the trial court but
07-2509-P and A.M. modified the award of exemplary damages from
OCA IPI No. 08-2857- P50,000.00 to P25,000.00, consistent with prevailing
P - ERLINA P. JOLITO jurisprudence. It thus disposed:
v. MARLENE E.
TANUDRA/ERLINA P. WHEREFORE, premises considered, the February 4,
JOLITO v. GEORGE E. 2004 Decision of the Regional Trial Court of Quezon
GAREZA City, Branch 107, in Criminal Case No. Q-00-94913, is

hereby AFFIRMED with MODIFICATION in that
A.M. No. P-08-2523 exemplary damages are hereby reduced to P25,000.00.
Formerly OCA-I.P.I. Pursuant to Section 13 (c), Rule 124 of the 2000 Rules
No. 08-2872-P - of Criminal Procedure as amended by A.M. No. 00-5-
ATTY. MARLYDS L. 03-SC dated September 28, 2004, which became
ESTARDO-TEODORO effective on October 15, 2004, this judgment of the
v. CARLOS S. Court of Appeals may be appealed to the Supreme
SEGISMUNDO Court by notice of appeal filed with the Clerk of Court
of the Court of Appeals.
A.M. No. P-09-2622
Formerly A.M. OCA SO ORDERED. (Emphasis in the original)
IPI No. 08-2814-P - In his Brief, appellant faulted the trial court
DOROTHY FE MAH-
'IN GIVING FULL WEIGHT AND CREDENCE TO THE
AREVALO v. ELMER P.
MPE TESTIMONIES OF THE PROSECUTION WITNESSES. 21
Appellant assails AAA's credibility, citing her

A.M. No. P-09-2628
inconsistent answers regarding the circumstances
Formerly A.M. No.
before the commission of the alleged rape, particularly
OCA IPI No. 07-2686-
her testimony on direct examination that she stopped
P - WILSON C. ONG
at the second floor of the Dajaos' house where he
v. ARIEL R. PASCAIO
allegedly told her to wait ("sandali lang") but that on
cross-examination she stated that she met appellant at
A.M. No. RTJ-05-
the ground floor.
1917 - DEE C. CHUAN
& SONS, INC. v. Appellant's appeal is doomed.
JUDGE WILLIAM
The place where AAA met appellant when she was
SIMON P. PERALTA
about to leave the Dajao residence, whether on the
ground or second floor is a trivial matter. AAA, a child
A.M No. RTJ-06-
of tender age, could not be expected to give a perfect
1976 - PROVINCIAL
recollection of the exact floor of the house where she
PROSECUTOR
met appellant.
MANUEL F.
TORREVILLAS v. Forthright witnesses are not immune from committing
JUDGE ROBERTO A. minor inaccuracies in their narration of events. Trivial
NATIVIDAD ETC. inconsistencies and inconsequential discrepancies on
minor details in the testimonies of witness do not
A.M. RTJ-07-2058 - impair their credibility. They could, in fact, be badges of
Dolores S. Bago v. truth for they manifest spontaneity and erase any
Judge Ernesto P. suspicion of a rehearsed testimony. 22 As long as the
Pagayatan etc. inconsistencies are immaterial or irrelevant to the
elements of the crime and do not touch on material
A.M. No. RTJ-09- facts crucial to the guilt or innocence of the accused as
2176 - PROSECUTOR in the present case, these are not valid grounds to
JORGE D. BACULI v.
reverse a conviction. 23
JUDGE MEDEL
ARNALDO B. BELEN Appellant's challenge to the assailed decision having

failed, and no circumstance which creates reasonable
B.M. No. 1222 - doubt on his guilt being extant, his conviction must be
RE: 2003 BAR upheld.
EXAMINATIONS ATTY.
WHEREFORE, the appeal is DISMISSED. The assailed
DANILO DE GUZMAN
Decision of the Court of Appeals in CA-G.R. CR-H.C.
(PETITIONER)
No. 02096 is AFFIRMED.
G.R. No. 126890 - No costs.

United Planters Sugar
SO ORDERED.
Milling Co., Inc.
(UPSUMCO) v. The
Honorable Court of
Appeals, et al. Endnotes:
G.R. No. 130088 - * Additional member in lieu of Justice

TALA REALY Leonardo A.Quisumbing who is on official
SERVICES CORP., ET leave.
AL. v. HON. ALICIA B.
1 Penned by Associate Justice Vicente Q.
GONZALES-DECANO,
ET AL./NANCY L. TY Roxas and concurred in by Associate
v. HON. WENCESLAO Justices Josefina Guevarra-Salonga and
E. EBABAO, ETC. ET Ramon R. Garcia; CA rollo, pp. 130-145.
AL./TALA REALY
2 The assailed Court of Appeals Decision
SERVICES CORP., ET
noted that appellant "uses the name
AL. VS.BANCO
Salomon Dioneda y Dela Cruz and the
FILIPINO SAVINGS
Information identifies him as bearing that
AND MORTAGE
name. However, his birth certificate bears
BANK/TALA REALY
the name Simon Dioneda y Dela Cruz" (id.
SERVICES CORP., ET
at 131, note 2).
A
3 Pursuant to Section 44 of Republic Act
G.R. No. 132540 -
(R.A.) No. 9262, otherwise known as the
ALBAY ELECTRIC
Anti-Violence Against Women and Their
COOPERATIVE, INC., Children Act of 2004, and Section 63, Rule

ET AL. v. HON. XI of the Rules and Regulations
RAFAEL P. Implementing R.A. 9262, the real name of
SANTELICES, ET AL. the victim is withheld to protect her privacy.
Fictitious initials are used instead to
G.R. No. 135703 - represent her. Likewise, the personal
PRESIDENTIAL AD circumstances or any other information
HOC FACT FINDING tending to establish or compromise her
COMMITTEE ON identity, as well as those of her family
BEHEST LOANS, members shall not be disclosed.
REPRESENTED BY
4 Records, pp. 1-4.
ORLANDO L.
SALVADOR v. 5 His real name is withheld for the same
OMBUDSMAN
reason as stated in note 3.
ANIANO A.
DESIERTO, ET AL. 6 Her real name is likewise withheld for
similar reason stated in note 3.

G.R. No. 138814 -
7 Vide. Exhibit "A" (AAA's Birth Certificate),
MAKATI STOCK
EXCHANGE, INC., ET Transcript of Stenographic Notes (TSN),
AL. v. MIGUEL V. January 16, 2000, pp. 4-5; January 20,
CAMPOS 2002, pp. 4-5.
8 TSN, October 9, 2003, p. 4.

G.R. No. 140717 -
ANNIE L. MANUBAY, 9 TSN, May 25, 2001, p. 12.
ET AL. v. HON.
ERNESTO GARILAO 10 Id. at 15-16.
11 TSN, January 10, 2001, pp. 6-7.

G.R. No. 145222 -
SPOUSES ROBERTO 12 Id. at 7; TSN, February 20, 2002, pp. 8-
BUADO AND VENUS
12.
BUADO v. THE
HONORABLE COURT 13 TSN, March 6, 2003, pp. 2-7.
OF APPEALS, ET AL.
14 TSN, July 17, 2002, pp. 7, 12; Exhibit
G.R. No. 145867 - "G" dated August 27, 2000 and Exhibit "H";
ESTATE OF SOLEDAD records, p. 166.
MANANTAN ETC. v.
15 RTC Decision dated February 4, 2004, CA
ANICETO SOMERA
rollo, p. 34.
G.R. No. 146408 -
16 Id. at 42-43.
PHILIPPINE
AIRLINES, INC. v. 17 Id. at 44.
ENRIQUE LIGAN, ET
AL. 18 Id. at 48.
19 G.R. NOS. 147678-87, July 7, 2004, 433

G.R. No. 146622 -
LEONORA P. SCRA 640.
CALANZA, ET AL. v.
20 CA rollo, pp. 127-128.
PAPER INDUSTRIES
CORP., ET AL. 21 Accused-Appellant's Brief, id. at 57.
22 People v. Ortiz, G.R. No. 133814, July

G.R. NOS. 148263
and 148271-72 - 17, 2001, 361 SCRA 274; People v. Jamiro,
ARMANDO DAVID v. G.R. No. 117576, September 18, 1997, 279
NATIONAL SCRA 290.
FEDERATION OF
23 People v. Delmo, G.R. NOS. 130078-82,
LABOR UNION, ET
October 4, 2002, 390 SCRA 395; People v.
AL.
Garcia, G.R. No. 117406, January 16, 2001,
349 SCRA 67.
G.R. No. 149221 -
PHILIPPINE
NATIONAL BANK v.
MARCELINO
BANATAO, ET AL.
AND MARCIANO Back to Home | Back to Main
CARAG, ET AL.
G.R. No. 149907 -

ROMA DRUG AND
ROMEO RODRIGUEZ
v. RTC OF GUAGUA
PAMPANGA, ET AL.
G.R. No. 152048 -

FELIX B. PEREZ, ET
AL. v. PHILIPPINE
TELEGRAPH AND
TELEPHONE
COMPANY
G.R. No. 152131 -

FLORAIDA TERA A v.
HON. ANTONIO DE
SAGUN ETC.
G.R. No. 152318 -

DEUTSCHE
GESELLSCHAFT FUR
TECHNICHE v. HON.
COURT OF APPEALS,
ET AL.
G.R. No. 154473

and G.R. NO. 155573
- PEOPLE OF THE
PHILIPPINES v.
ALFREDO L.
BENIPAYO /
PHOTOKINA
MARKETING
CORPORATION v.
ALFREDO L.
BENIPAYO
G.R. No. 154609 -

MA. CORAZON SAN
JUAN v. CELESTE M.
OFFRIL
G.R. No. 155639 -

JUANARIA A. RIVERA
v. UNITED
LABORATORIES, INC.
G.R. No. 156302 -

THE HEIRS OF
GEORGE Y. POE v.
MALAYAN INSURANCE
CO. INC.
G.R. No. 156766 -

ROSARIO A. GATUS v.
QUALITY HOUNSE
INC., AND
CHRISTOPHER CHUA
G.R. No. 157147 -

PEOPLE OF THE
PHILIPPINES v.
WILFREDOO
CAWALING
G.R. No. 157584 -

Congressman Enrique
T. Garcia v. The
Executive Secretary,
et al.
G.R. No. 157723 -

ROMEO SAYO Y
AQUINO, ET AL. v.
PEOPLE OF THE
PHILIPPINES
G.R. No. 157862 -

PHILIPPINE
COUNTRYSIDE RURAL
BANK INC. v.
JOVENAL B. TORING
G.R. No. 158071 -

JOSE SANTOS v.
COMMITTEE ON
CLAIMS SETTLEMENT,
ET AL.
G.R. No. 158805 -

VALLEY GOLF &
COUNTRY CLUB, INC.
v. ROSA O. VDA.
CARAM
G.R. No. 158819 -

ANTERO LUISTRO v.
COURT OF APPEALS
AND FIRST GAS
POWER
CORPORATION.
G.R. NO. 158885

and G.R. NO. 170680
- FORT BONIFACIO
DEVELOPMENT
CORPORATION v.
CIR, ET AL.
G.R. No. 158956 -

ILIGAN CEMENT
CORPORATION v.
ILIASCOR
EMPLOYEES AND
WORKERS UNION-
SOUTHERN
PHILIPPINES
FEDERATION OF
LABOR, ET AL.
G.R. No. 159687 -

GULF AIR JASSIM
HINDRI ABDULLAH,
ET AL. v. NLRC, ET
AL.
G.R. No. 160132 -

SERAFIN NARANJA,
ET AL. v. THE
HONORABLE COURT
OF APPEALS, ET AL.
G.R. No. 160467 -

SOLEDAD MU OS
MESA v. SOCIAL
SECURITY SYSTEM,
ET AL.
G.R. No. 160918 -

CONCEPCION
ALCANTARA v.
HILARIA ROBLE DE
TEMPLE, ET AL.
G.R. No. 161539 -

INTERNATIONAL
CONTAINER
TERMINAL SERVICES,
INC. v. FGU
INSURANCE
CORPORATION, ET
AL.
G.R. No. 161778 -

CAYETANO A.
TEJANO, JR. v. THE
HON.
SANDIGANBAYAN, ET
AL.
G.R. No. 161827 -

SESINANDO
POLINTAN v. PEOPLE
OF THE PHILIPPINES
G.R. No. 162272 -

SANTIAGO C.
DIVINAGRACIA v.
CONSOLIDATED
BROADCASTING
SYSTEM, INC., ET AL.
G.R. No. 162370 -

DAVID TIU v. COURT
OF APPEALS AND
EDGARDO POSTANES
G.R. No. 163072 -

Manila International
Airport Authority v.
City of Pasay, et al.
G.R. No. 163583 -

BRITISH AMERICAN
TOBACCO v. JOSE
ISIDRO N. CAMACHO,
ET AL.
G.R. NOS. 163957-

58 and G.R. NOS.
164009-11 - MUNIB
S. ESTINO AND
ERNESTO
PESCADERA v.
PEOPLE OF THE
PHILIPPINES/
ERNESTO G.
PESCADERA v.
PEOPLE OF THE
PHILIPPINES
G.R. No. 164170 -

MACA-ANGCOS
ALAWIYA Y ABDUL,
ET AL. v. HON.
SIMEON A.
DATUMANONG, ET
AL.
G.R. No. 164213 -

VALENTIN CABRERA
ET AL. v. ELIZABETH
GETARUELA ET AL.
G.R. No. 164368 -

People of the
Philippines v. Joseph
Ejercito Estrada, et
al.
G.R. No. 164681 -

BERNARDINO V.
NAVARRO v. P.V.
PAJARILLO LINER
AND NLRC
G.R. No. 165443 -

CALATAGAN GOLF
CLUB, INC. v. SIXTO
CLEMENTE, JR.
G.R. No. 164785

and G.R. NO. 165636
- ELISEO F. SORIANO
v. MA. CONSOLIZA P.
LAGUARDIA ETC.
G.R. No. 165927 -
ERNESTO Z.
GIDUQUIO v. PEOPLE
OF THE PHILIPPINES
G.R. No. 166199 -

THE SECRETARY OF
JUSTICE, ET AL. v.
CHRISTOPHER
KORUGA
G.R. No. 166510 -

PEOPLE OF THE
PHILIPPINES v.
BENJAMIN "KOKOY"
T. ROMULADEZ AND
THE
SANDIGANBAYAN
G.R. No. 166748 -

LAUREANO V.
HERMOSO, ET AL. v.
HEIRS OF ANTONIO
FRANCIA AND PETRA
FRANCIA
G.R. No. 167768 -

MALAYAN INSURANCE
COMPANY, INC. v.
VICTORIAS MILLING
COMPANY, INC.
G.R. No. 168273 -

HARBOR VIEW
RESTAURANT v.
REYNALDO LABRO
G.R. No. 168631 -

LAND BANK OF THE
PHILIPPINES v.
CAROLINA VDA. DE
ABELLO, ET AL.
G.R. No. 168716 -

HFS PHLIPPINES,
INC., RUBEN T. DEL
ROSARIO AND IUM
SHIP MANAGEMENT
v. RONALDO R. PILAR
G.R. No. 168734 &

G.R. No. 170621 -
MARCELINO LOPEZ,
ET AL. v. HON.
COURT OF APPEALS,
ET AL./ NOEL
RUBBER AND
DEVELOPMENT CORP,
ET AL. v. JOSE
ESQUIVEL, JR., ET
AL.
G.R. No. 168800 -

NEW REGENT
SOURCES, INC. v.
TEOFILO VICTOR
TANJUATCO, JR. AND
VICENTE CUEVAS
G.R. No. 169914 &

174166 - ASIA'S
EMERGING DRAGON
CORPORATION,
Petitioner, v.
DEPARTMENT OF
TRANSPORTATION
AND
COMMUNICATIONS,
SECRETARY LEANDRO
R. MENDOZA and
MANILA
INTERNATIONAL
AIRPORT AUTHORITY,
Respondents.
G.R. No. 170093 -

JOSE PEPITO M.
AMORES M.D. v.
CIVIL SERVICE
COMMISSION,
BOARD OF TRUSTEES
OF THE LUNG
CENTER OF THE
PHILIPPINES AS
REPRESENTED BY
HON. MANUEL M.
DAYRIT AND
FERNANDO A.
MELENDRES, M.D.
G.R. No. 170235 -

PEOPLE OF THE
PHILIPPINES v. JAIME
CADAG JIMENEZ
G.R. No. 170270 -

Newsounds
Broadcasting
Network, Inc., et al.
v. Hon. Ceasar G. Dy,
et al.
G.R. No. 170532 -

THE PROVINCIAL
ASSESOR OF
MARINDUQUE v.
HON. COURT OF
APPEALS, ET AL.
G.R. No. 170589 -

OLYMPIO REVALDO v.
PEOPLE OF THE
PHILIPPINES
G.R. No. 170750 -

HEIRS OF TOMAS
DOLLETON, ET AL. v.
FIL-ESTATE
MANAGEMENT INC.,
ET AL.
G.R. No. 170977 -

JOSE D. DEL VALLE,
JR. AND ADOLFO C.
ALEMANIA v.
FRANCIS B. DY
G.R. No. 171072 -

GOLDERES REALTY
CORP. v. CYPRESS
GARDENS ETC.
G.R. No. 171138 -

H. TAMBUNTING
PAWNSHOP, INC. v.
COMMISSIONER OF
INTERNAL REVENUE
G.R. No. 171253 -

LAKEVIEW GOLD AND
COUNTRY CLUB, INC.
v. LUZVIMIN
SAMAHANG NAYON,
ET AL.
G.R. No. 171536 -

APRIL JOY ASETRE,
ET AL. v. JUNEL
ASETRE, ET AL.
G.R. No. 171636 -

NORMAN A. GAID v.
PEOPLE OF THE
PHILIPPINES
G.R. No. 171735 -

PEOPLE OF THE
PHILIPPINES v. ALEJO
OBLIGADO Y
MAGDARAOG
G.R. No. 172123 -

MACARIOLA G.
BARTOLO AND
VIOLENDA B. SUCRO
v. THE HONORABLE
SANDIGANBAYAN, ET
AL.
G.R. No. 172601 -

AILEEN G. HERIDA v.
F4C PAWNSHOP AND
JEWELRY
STORE/MARCELINO
FLORETE, JR.
G.R. No. 172602 -

HENRY T. GO. v. THE
FIFTH DIVISION,
SANDIGANBAYAN, ET
AL.
G.R. No. 172607 -

THE PEOPLE OF THE
PHILIPPINES v.
RUFINO UMANITO
G.R. No. 172671 -

MARISSA R.
UNCHUAN v.
ANTONIO J.P.
LOZADA, ANITA
LOZADA AND THE
REGISTER OF DEEDS
OF CEBU CITY
G.R. No. 172832 -

ROSARIO T. DE VERA
v. GEREN A. DE VERA
G.R. No. 172854 -

ADAM B. GARCIA v.
NLRC (SECOND
DIVISION) LEGAZPI
OIL COMPANY, INC.
ROMEO F. MERCADO
AND GUS ZULUAGA
G.R. No. 173115 &

173163-64 - ATTY.
VIRGILIO R. GARCIA
v. EASTERN
TELECOMMUNICATIONS
PHILIPPINES, INC. ET
AL./EASTERN
TELECOMMUNICATIONS
PHILIPPINES INC. v.
ATTY. VIRGILIO R.
GARCIA
G.R. No. 173210 -

REPUBIC OF THE
PHILIPPINES v.
MACARIA L.
TUASTUMBAN
G.R. No. 173588 -

ARIEL M. LOS BA OS,
ON BEHALF OF
P/SUPT. VICTOR
AREVALO, SP02
MARCIAL OLYMPIA,
SP01 ROCKY
MERCENE AND P01
RAUL ADLAWAN AND
IN HIS PERSONAL
CAPACITY v. JOEL R.
PEDRO
G.R. No. 173637 -

DANTE TAN v. PEOPLE
OF THE PHILIPPINES.
G.R. No. 173791 -

PEOPLE OF THE
PHILIPPINES v.
PABLO AMODIA
G.R. No. 173807 -

JAIME U. GUSICAO v.
LETECIA CHING AND
EDWIN CASTA
G.R. No. 173834 -

ISABELITA CUNANAN,
CAROLYN CUNANAN
AND CARMENCITA F.
NEMOTO v. JUMPING
JAP TRADING
CORPORATION,
REPRESENTED BY
REUBEN M.
PROTACIO
G.R. No. 173931 -

ALICIA D. TAGARO v.
ESTER A. GARCIA,
ETC.
G.R. No. 174105 -

Reghis M. Romero II,
et al. v. Sen. Jinggoy
E. Estrada, et al.
G.R. No. 175320 -

PEOPLE OF THE
PHILIPPINES v.
ERNESTO PE A Y
SARMIENTO
G.R. No. 175945

Formerly G.R. NOS.
153211-12 - PEOPLE
OF THE PHILIPPINES
v. LOLITO HONOR Y
ALIGWAY, ET AL.
G.R. No. 175983 -

METROPOLITAN CEBU
WATER DESTRICT v.
J. KING AND SONS
COMPANY, INC
G.R. No. 176348 -

PEOPLE OF THE
PHILIPPINES v.
DIONISIO
CABUDBOD Y TUTOR
AND EDGAR
CABUDBOD Y
LACROA
G.R. No. 176531 -

PEOPLE OF THE
PHILIPPINES v.
ROMEO BANDIN
G.R. No. 176566 -

ELISEO EDUARTE Y
COSCOLLA v. PEOPLE
OF THE PHILIPPINES
G.R. No. 177163 -

PEOPLE OF THE
PHILIPPINES v. ALEX
BALAGAT
G.R. No. 177187 -

SPOUSES JUANITO R.
VILLAMIL ETC. ET AL.
v. LAZARO CRUZ-
VILLAROSA
G.R. No. 177210 -

SUMMA KUMAGAI,
INC-KUMAGAI, GUMI
CO. LTD JOINT
VENTURE v.
ROMAGO, INC.
G.R. No. 177220 -
PEOPLE OF THE
PHILIPPINES v.
RUBEN ROBLES
G.R. No. 177283 -

DE LA SALLE
UNIVERSITY, ET AL.
v. DE LA SALLE
UNIVERSITY
EMPLOYEES
ASSOCIATION
(DLSUEA-NAFTEU)
G.R. No. 177302 -

PEOPLE OF THE
PHILIPPINES v. JAIME
LOPEZ, ET AL.
G.R. NO. 177333 :

April 24, 2009 -
PHILIPPINE
AMUSEMENT AND
GAMING
CORPORATION
(PAGCOR)
represented by ATTY.
CARLOS R.
BAUTISTA, JR., v.
PHILIPPINE GAMING
JURISDICTION
INCORPORATED
(PEJI), ZAMBOANGA
CITY SPECIAL
ECONOMIC ZONE
AUTHORITY, et al.
G.R. No. 177346 -

GUILLERMO
PERCIANO v. HEIRS
OF PROCOPIO
TUMBALI
REPRESENTED BY
LYDIA TUMBALI
G.R. No. 177961 -

LOURDES A. SABLE v.
PEOPLE OF THE
PHILIPPINES, ET AL.
G.R. No. 178127 -

VIRGEN SHIPPING
CORPORATION, ET
AL. v. JESUS B.
BARRAQUIO
G.R. No. 178301 -

PEOPLE OF THE
PHILIPPINES v.
ROLANDO
MALIBIRAN, BEVERLY
TIBO-TARO
G.R. No. 178453 -

GLORIA ARTIAGA v.
SILIMAN UNIVERSITY
AND SILIMAN
UNIVERSITY
MEDICAL CENTER
G.R. No. 178678 -

DR. HANS CHRISTIAN
M. SE ERES v.
COMMISSION ON
ELECTIONS AND
MELQUIADES A.
ROBLES
G.R. No. 178763 -

PETER PAUL PATRICK
LUCAS, ET AL. v. DR.
PROSPERO MA. C.
TUA O
G.R. NOS. 178831-

32, 179120, 179132-
33 and 179240-41 -
JOCELYN SY
LIMKAICHONG v.
COMELEC, ET AL.
G.R. NO. 178873 -

PEOPLE OF THE
PHILIPPINES v.
ILLUSTRE LLAGAS
A.K.A. NONOY
LLAGAS
G.R. No. 179255 -

National Transmission
Corp. v. Venusto D.
Hamoy, Jr.
G.R. No. 179563 -

BACOLOD-TALISAY
REALTY AND
DEVELOPMENT CORP.,
ET AL. v. ROMEO
DELA CRUZ
G.R. No. 179271

and G.R. NO. 179295
- BARANGAY
ASSOCIATION FOR
NATIONAL
ADVANCEMENT AND
TRANSPARENCY
(BANAT) v.
COMMISSION ON
ELECTIONS/ BAYAN
MUNA, ET AL. v.
COMMISSION ON
ELECTIONS
G.R. No. 179708 -

PEOPLE OF THE
PHILIPPINES v.
ROGELIO ALETA,
MARIO ALETA AND
JOVITO ALETA
G.R. No. 179933 -

PEOPLE OF THE
PHILIPPINES v.
JOSEPH FABITO
G.R. No. 179955 -
JOSE SY BANG
(DECEASED), ET AL.
v. ROSARIO SY
(DECEASED), ET AL.
G.R. No. 180046 -

Review Center
Associations of the
Philippines v.
Executive Secretatry
Eduardo Ermita, et al.
G.R. No. 179987 -

HEIRS OF MARIO
MALABANAN v.
REPUBLIC OF THE
PHILIPPINES
G.R. No. 180165 -

METROPOLITAN BANK
& TRUST COMPANY v.
HON. SEC OF
JUSTICE RAUL M.
GONZALES, ET AL.
G.R. No. 180314 -

NORMALLAH A.
PACASUM v. PEOPLE
OF THE PHILIPPINES
G.R. No. 180363 -

EDGAR Y. TEVES v.
THE COMMISSION ON
ELECTIONS AND
HERMINIO G. TEVES
G.R. No. 180640 -

HUTAMA-RSEA JOINT
OPERATIONS, INC. v.
CITRA METRO
MANILA TOLLWAYS
CORPORATION
G.R. No. 180892 -

UST FACULTY UNION
v. UNIVERSITY OF
STO. TOMAS, REV.
FR. ROLANDO DE LA
ROSA, REV FR.
RODELIO ALIGAN,
DOMINGO LEGASPI,
AND MERECEDES
HINAYON
G.R. NO. 180923 -

THE PEOPLE OF THE
PHILIPPINES v.
SOLOMON DIONEDA
Y DELA CRUZ
G.R. No. 181295 -

Harlin Castillo Abayon
v. Commission on
Elections, et al.
G.R. No. 181318 -

PEOPLE OF THE
PHILIPPINES v.
GERMAN AGOJO Y
LUNA
G.R. No. 181377

and G.R. NO. 181726
- RODANTE
MARCOLETA, ET AL.
v. COMMISSION ON
ELECTIONS, ET AL./
ALAGAD PARTY-LIST
REPRESENTED BY
DIOGENES S.
OSABEL, PRESIDENT
v. COMMISSION ON
ELECTIONS, ET AL.
G.R. No. 181475 -

PEOPLE OF THE
PHILIPPINES v.
LARRY "LAURO"
DOMINGO Y CRUZ
G.R. No. 182231 -

PEOPLE OF THE
PHILIPPINES v.
EDDIE GUM-OYEN Y
SACPA
G.R. No. 182296 -

SUSAN SALES Y
JIMENA v. PEOPLE OF
THE PHILIPPINES.
G.R. No. 182790 -
PEOPLE OF THE
PHILIPPINES v.
CESAR CANTALEJO Y
MANLANGIT
G.R. NOS. 182978-

79 and G.R. NOS.
184298-99 - BECMEN
SERVICES EXPORTER
AND PROMOTION,
INC. v. SPS.
SIMPLICIO AND MILA
CUARESMA, ET
AL./SPS. SIMPLICIO
AND MILA CUARESMA
v. WHITE FALCON
SERVICES, INC., ET
AL.
G.R. NO. 183232 -

GILBERT DELA PAZ v.
MARIKINA
FOOTWEAR
DEVELOPMENT
COOPERATIVE, INC.,
(MAFODECO),
REPRESENTED BY ITS
CHAIRMAN RODOLFO
DE GUZMAN
G.R. No. 183278 -

IMELDA O.
COJUANGCO, PRIME
HOLDINGS, INC.,
AND THE ESTATE OF

RAMON U.
COJUANGCO v.
SANDIGANBAYAN,
REPUBLIC OF THE
PHILIPPINES AND
THE SHERIFF OF
SANDIGANBAYAN
G.R. No. 183565 -

PEOPLE OF THE
PHILIPPINES v.
EDUARDO
ABOGANDA
G.R. No. 183905

and G.R. NO. 184275
- GOVERNMENT
SERVICE INSURANCE
SYSTEM v. THE HON.
COURT OF APPEALS,
ET AL. / SEC, ET AL.
v. ANTHONY ROSETE,
ET AL.
G.R. No. 184174 -

PEOPLE OF THE
PHILIPPINES v.
REYNALDO CAPALAD
G.R. No. 184791 -

PEOPLE OF THE
PHILIPPINES v.
PEDRO NOGPO, JR.
A.K.A. "TANDODOY"
G.R. No. 185132 -

GOV. ENRIQUE T.
GARCIA, JR., ET AL.
v. COURT OF
APPEALS, ET AL.
G.R. No. 185162 -

PEOPLE OF THE
PHILIPPINES v. ROLLY
GIDOC @ BAYENG
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G.R. NO. 180923 - THE PEOPLE OF THE PHILIPPINES v.

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April 2009 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence > Year 2009 >

G.R. NO. 180923 - THE PEOPLE OF THE PHILIPPINES v.

PEOPLE OF THE PHILIPPINES, Appellee, v.

DIONEDA DELA CRUZ, Appellant.

CARPIO MORALES, J.:

On appeal is the January 31, 2007 Decision 1 of the

Quezon City finding Salomon Dioneda y Dela Cruz 2

Appellant, by Information filed on August 29, 2000,

That on or about the 27th day of August, 2000 in

Through the testimonies of AAA, her parents BBB 5 and

CCC, 6 Dr. Jaime Rodrigo Leal, Eddie Roque and SPO3

At about 6:00 o'clock in the evening of August 27,

May 14, 1994 to BBB and CCC, 7 went to her neighbor

playing with the latter's son, Iking (Iking). 8 On

house and saw that Iking was indeed sleeping. 9 She

When AAA reached the first floor, appellant prevented

and ran straight to her house crying. 10

bloodstains. 11 She related that appellant went on top

On seeing appellant in Dajao's house, BBB tried to

found appellant guilty of rape as charged under Article

MARABE v. TYRONE V. the trial court disposed:

TAN WHEREFORE, IN VIEW OF THE FOREGOING, the

A.M. No. P-07-2298 1. To suffer the penalty of reclusion

and A.M. No. P-07- perpetua;

v. NICOMEDES C. 5. The accused is hereby ordered, upon his

A.M. No. P-07-2344 in the malls or anywhere else; he shall

JOLITO v. GEORGE E. 2004 Decision of the Regional Trial Court of Quezon

GAREZA City, Branch 107, in Criminal Case No. Q-00-94913, is

A.M. No. P-08-2523 exemplary damages are hereby reduced to P25,000.00.

Appellant assails AAA's credibility, citing her

ARNALDO B. BELEN Appellant's challenge to the assailed decision having

G.R. No. 126890 - No costs.

G.R. No. 130088 - * Additional member in lieu of Justice

v. HON. WENCESLAO Justices Josefina Guevarra-Salonga and

E. EBABAO, ETC. ET Ramon R. Garcia; CA rollo, pp. 130-145.

COOPERATIVE, INC., Children Act of 2004, and Section 63, Rule

similar reason stated in note 3.

AL. v. MIGUEL V. January 16, 2000, pp. 4-5; January 20,

CAMPOS 2002, pp. 4-5.

8 TSN, October 9, 2003, p. 4.

11 TSN, January 10, 2001, pp. 6-7.

14 TSN, July 17, 2002, pp. 7, 12; Exhibit

19 G.R. NOS. 147678-87, July 7, 2004, 433

22 People v. Ortiz, G.R. No. 133814, July

G.R. No. 149907 -

G.R. No. 152048 -

G.R. No. 152131 -

G.R. No. 152318 -

G.R. No. 154473

G.R. No. 154609 -

G.R. No. 155639 -

G.R. No. 156302 -

G.R. No. 156766 -

G.R. No. 157147 -

G.R. No. 157584 -

G.R. No. 157723 -

G.R. No. 157862 -

G.R. No. 158071 -

G.R. No. 158805 -

G.R. No. 158819 -