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Philippine Supreme Court Jurisprudence > Year 2018 > June 2018
Decisions > G.R. No. 222497, June 27, 2018 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. PEDRO RUPAL, Accused-Appellant.:
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G.R. No. 222497, June 27, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-
Appellee, v. PEDRO RUPAL, Accused-Appellant.
THIRD DIVISION
G.R. No. 222497, June 27, 2018
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO RUPAL,

Accused-Appellant.
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9/18/23, 7:36 AM G.R. No. 222497, June 27, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO RUPAL, Accused-Appellant. : Ju…
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Through this appeal, accused-appellant Pedro Rupal assails the 14 July 2015
www.chanroblesmcleonline.com
Decision1 of the Court of Appeals (CA), Twentieth Division, in CA-G.R. CR HC
No. 01742 affirming, with modification as to the award of damages, the 5
September 2012 Decision2 of the Regional Trial Court (RTC),

xxxxxxxxxxxxxxxxx Bohol, finding him guilty of Rape as defined and
penalized under Article (Art.) 266-A of the Revised Penal Code (RPC).
THE FACTS
The accused-appellant was charged with Rape in an information3 docketed

as Crim. Case No. 06-1748, the accusatory portion of which reads:
That on or about the 15th day of December 2005, in the

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above-named accused with lewd designs, grab AAA, a minor, she
being born on November 27, 1992, while she was about to walk
away from the accused, did then and there wilfully, unlawfully,
June-2018 Jurisprudence and feloniously drag the victim towards a nearby coconut
plantation and with the use of force, threat, and intimidation and
thereafter said accused inserted his erect penis into the vagina of
G.R. No. 180845, June 06, said AAA, thus, the accused succeeded in having carnal
2018 - GOV. AURORA E. knowledge with the said victim without her consent and against
CERILLES, Petitioner, v. CIVIL her will, to the damage and prejudice of the said offended party.
SERVICE COMMISSION, ANITA
JANGAD-CHUA, MA. EDEN S. Acts committed contrary to the provisions of Article 3354 of the
TAGAYUNA, MERIAM Revised Penal Code as amended by R.A. No. 76595 and R.A. No.
CAMPOMANES, BERNADETTE P.
8353.6
QUIRANTE, MA. DELORA P.
FLORES AND EDGAR PARAN, When arraigned, accused-appellant pleaded not guilty7 thus, trial proceeded
Respondents.
with the prosecution presenting AAA,8 BBB who is the mother of AAA, and
Dr. Analita N. Auza.
G.R. No. 196015, June 27,
2018 - RURAL BANK OF To prove his defense, the accused-appellant took the witness stand.
MABITAC, LAGUNA, INC.,

The Version of the Prosecution
REPRESENTED BY MRS. MARIA
CECILIA S. TANAEL, Petitioner, v. At around 7:00 a.m. on 15 December 2005, AAA, a thirteen-year-old high
MELANIE M. CANICON AND school student, was at her school preparing decorations for her school's
MERLITA L. ESPELETA, Christmas party when her classmate told her that somebody was looking for
Respondents. her at the waiting shed. When she went there, AAA saw accused-appellant
who told her that her mother sent her P100.00 for her exchange gift but
G.R. No. 194346, June 18, that she needed to have the hundred-peso bill changed because he used the
2018 - FERNANDO A. P50.00 for his fare. AAA got the money but because she still had classes,
MELENDRES, Petitioner, v. the accusedï¿½ appellant had to return later to get the P50.00.9
OMBUDSMAN MA. MERCEDITAS
N. GUTIERREZ AND JOSE PEPITO At about 1:00 p.m., accused-appellant returned to the waiting shed. AAA
was handing him the P50.00, he pulled the handle of her bag, detaching it.
M. AMORES, M.D., Respondents.
Accused-appellant then pulled her towards the coconut plantation, pushed
her to the ground, removed her underwear, raised her skirt, and mounted
G.R. No. 237428, June 19,
2018 - REPUBLIC OF THE her. While AAA was crying, accused-appellant inserted his penis into her
vagina and then made a push-and-pull movement, kissed her lips, and
PHILIPPINES, REPRESENTED BY
SOLICITOR GENERAL JOSE C. touched her breasts. After having carnal knowledge of AAA, accused-
appellant told her not to tell BBB what happened, otherwise he would kill
CALIDA, Petitioner, v. MARIA
BBB and her siblings. Afraid that accused-appellant would make good his
LOURDES P. A. SERENO,
Respondent. threat, AAA did not tell her mother what happened to her. 10
A.C. No. 10178, June 19, 2018 In the afternoon of 2 January 2006, accused-appellant chased AAA as she
- KIMELDES GONZALES, alighted from a jeep on her way home to CCC, BBB's sister, with whom AAA
Complainant, v. ATTY. PRISCO B. was then staying as CCC's house was nearer her school. AAA ran when she
SANTOS, Respondent. noticed that accused-appellant was behind her and stopped only when she
saw him take another direction. When the bystanders who saw accused-
G.R. No. 237487, June 27, appellant chase AAA told CCC about it she, together with a barangay tanod,
2018 - ALDRINE B. proceeded to BBB's house and informed her what accused-appellant had
ILUSTRICIMO, Petitioner, v. NYK- done.11
FIL SHIP MANAGEMENT,
When BBB arrived at CCC's house, she inquired from AAA if she was raped.
INC./INTERNATIONAL CRUISE
Because AAA refused to answer, the barangay tanod advised BBB to submit
SERVICES, LTD. AND/OR
JOSEPHINE J. FRANCISCO, AAA to a medical examination. AAA agreed but requested that the
examination be done the following day as it was already late. At around
Respondents.
11:00 p.m., AAA confided to BBB that she was raped twice by accused-
appellant; once, when she was nine years old and the second, on 15
G.R. No. 213914, June 06,
2018 - PEOPLE OF THE December 2005. AAA admitted that she never told her about it as she was
PHILIPPINES, Plaintiff-Appellee, afraid of his threat that he would kill her and AAA's siblings.12
v. MANUEL FERRER Y
On 4 January 2006, AAA13 and BBB14 went to the police station to submit
REMOQUILLO A.K.A. "KANO,"
their statements regarding the 15 December 2005 incident. In her
KIYAGA MACMOD Y USMAN
statement, AAA narrated that accused-appellant started raping her since she
A.K.A. "KIYAGA" AND DIMAS
MACMOD Y MAMA A.K.A. was nine years old and that these had taken place more than ten times.15
"DIMAS," Accused-Appellants.
On 9 January 2006, AAA was physically examined by Dr. Auza, the municipal
health officer. AAA told Dr. Auza that she was raped several times since she
A.C. No. 11550, June 04, 2018
was nine years old. Dr. Auza arrived at the following findings and remarks
- MANUEL B. TROVELA,
after a perineal examination of AAA:
Complainant, v. MICHAEL B.
ROBLES, ASSISTANT CITY
Findings: Nulliparous, scanty pubic hair.
PROSECUTOR; EMMANUEL L.
Presence of healed lacerated wound at 2, 7 and 11
OBUNGEN, PROSECUTOR II;
o'clock sites of the vaginal opening.
JACINTO G. ANG, CITY
PROSECUTOR; CLARO A. Remarks: Hymen not intact
ARELLANO, PROSECUTOR Vaginal penetration is evident.16
GENERAL; AND LEILA M. DE
LIMA, FORMER SECRETARY, In her analysis, Dr. Auza remarked that the laceration at the vaginal opening
DEPARTMENT OF JUSTICE, could have been caused by the forcible entry of a hard object, possibly, a
Respondents.
male genitalia.17
G.R. No. 192934, June 27, The Version of the Defense

2018 - SECURITY BANK
Accused-appellant is the husband of DDD, BBB's sister; thus, AAA calls him
CORPORATION, Petitioner, v.
"manong." Sometime in 2005, DDD confirmed to accused-appellant that she
SPOUSES RODRIGO AND
had quarrelled with BBB when BBB called her daughter a prostitute.
ERLINDA MERCADO,
Accused-appellant was ashamed that BBB and DDD were quarrelling despite
Respondents.; G.R. No. 197010,
being siblings.18
June 27, 2018 - SPOUSES
RODRIGO AND ERLINDA One morning until 3:00 p.m. on 15 December 2005, the accused-appellant
MERCADO, Petitioner, v. and his two children cleaned the garden outside their house, which was just
SECURITY BANK AND TRUST across the house of AAA. Accused-appellant rested thereafter inside the
COMPANY, Respondent. house and, at about 4:00 p.m., fetched water from the barangay deepwell.
After he was done, he stayed home until he went to sleep.19

G.R. No. 216728, June 04,
2018 - PEOPLE OF THE Alleging he did not commit any offense, accused-appellant did not execute
PHILIPPINES, Plaintiff-Appellee, any counter-affidavit when arrested in 2006 by the police.20
v. DECITO FRANCISCO Y
The Ruling of the RTC
VILLAGRACIA, Accused-
Appellant. The RTC held that AAA's testimony was straightforward and believable,
coming from a child who had neither reason to tell a lie nor motive to falsely
G.R. No. 215732, June 06, charge accused-appellant. While the RTC took note of the fact that there
2018 - PEOPLE OF THE were only the medical certificate and the testimony of the physician to
PHILIPPINES, Plaintiff-Appellee, corroborate AAA's testimony, these, however, did not weaken the case since
v. CHRISTOPHER BADILLOS, she was able to sufficiently prove that accused-appellant raped her on 15
Accused-Appellants. December 2005. The RTC stressed that jurisprudence provides that great
weight is given to the testimony of a child who was a rape victim.21

A.C. No. 10267, June 18, 2018
- HELEN GRADIOLA,* On the one hand, the RTC found weak accused-appellant's defense of denial
Complainant, v. ATTY. ROMULO A. compared to AAA's positive testimony. Moreover, accused-appellant's alibi
DELES, Respondent. was not only unbelievable but was also uncorroborated.22
Finding that the elements of Art. 266-A of the RPC was successfully proven
A.C. No. 11173 (Formerly CBD
by the prosecution, the RTC rendered its decision the decretal portion of
No. 13-3968), June 11, 2018 -
which reads as follows:
RE: CA-G.R. CV NO. 96282
(SPOUSES BAYANI AND MYRNA WHEREFORE, considering the foregoing, the court hereby finds
M. PARTOZA VS. LILIAN* B. accused Pedro Rupal GUILTY beyond reasonable doubt for the
MONTANO AND AMELIA crime of Rape. In accordance with the penalty set forth under
SOLOMON), Complainant, v. Article 266-A of the Revised Penal Code, this court hereby
ATTY. CLARO JORDAN M. sentences him to suffer the penalty of RECLUSION PERPETUA.
SANTAMARIA, Respondent. He is likewise sentenced to pay civil indemnity to the victim AAA
in the amount of FIFTY THOUSAND PESOS (P50,000.00),
G.R. No. 214940, June 06, Philippine Currency.
2018 - MARIA DE LEON
As it appears on record that the accused is under detention at
TRANSPORTATION, INC.,
the BJMP, xxxxxxx Bohol, said accused shall be credited with the
REPRESENTED BY MA. VICTORIA
full period of his detention subject to an assessment by the jail
D. RONQUILLO, Petitioner, v.
warden on his demeanour while in said detention center.
DANIEL M. MACURAY,
Respondent.
SO ORDERED.23
G.R. No. 223525, June 25, Believing that the RTC erred in its decision, accused-appellant appealed to
2018 - PEOPLE OF THE the CA.
PHILIPPINES, Plaintiff-Appellee,
The Ruling of the CA
v. BENEDICTO VEEDOR, JR. Y
MOLOD A.K.A. "BRIX", Accused- The CA found no merit in the appeal. The CA sustained the RTC's evaluation
Appellant. as to AAA's credibility since the trial judge had the advantage of examining
the real and testimonial evidence before it as well as the demeanor of the
A.C. No. 12011, June 26, 2018 witnesses. The CA ruled that AAA positively, candidly, and categorically
- NICANOR D. TRIOL, narrated the gruesome and terrifying ordeal she experienced in the hands of
Complainant, v. ATTY. DELFIN R. accused-appellant.24
AGCAOILI, JR., Respondent.
The CA did not find merit in accused-appellant's contention that there was
A.M. No. RTJ-18-2523 inconsistency between AAA's testimony that she was raped by him since she
(Formerly OCA I.P.I No. 14-4353- was nine years old until she turned thirteen, with that of BBB who claimed
RTJ), June 06, 2018 - EXTRA that AAA admitted to her that she was raped only twice. The CA ruled that
EXCEL INTERNATIONAL AAA's young and fragile mind, and with the accused-appellant's threat still
PHILIPPINES, INC., existing, made her disclose that she was raped only twice. With the ongoing
REPRESENTED BY ATTY. ROMMEL trial and knowing that she and her family could no longer be harmed by
V. OLIVA, Complainant, v. HON. accused-appellant, she had the courage to reveal that the sexual assaults
AFABLE E. CAJIGAL, PRESIDING took place even before she was nine years old. Additionally, the CA held that
JUDGE, REGIONAL TRIAL COURT, the filing of only one criminal charge against accused-appellant does not in
BRANCH 96, QUEZON CITY, any way belie that she was raped by accused-appellant on 15 December
Respondent. 2005.25
Finding that all the elements of rape had been established by the
G.R. No. 229645, June 06,
prosecution, the CA affirmed the RTC decision convicting accused-appellant
2018 - NORMA M. BALEARES,
but modified the award of damages, viz:
DESIDERIO M. BALEARES,
GERTRUDES B. CARIASA, WHEREFORE, the foregoing premises considered, the appeal is
RICHARD BALEARES, JOSEPH DENIED. The assailed Decision dated September 5, 2012 of the
BALEARES, SUSAN B. DELA Regional Trial Court of xxxxxxxx Bohol, is AFFIRMED with
CRUZ, MA. JULIA B. RECTRA, MODIFICATION. Accused-appellant is ordered to pay AAA the
AND EDWIN BALEARES, following:
Petitioners, v. FELIPE B.
1. PhP75,000.00 as civil indemnity;
ESPANTO, REP. BY MARCELA B.
2. PhP75,000.00 as moral damages;
BALEARES, ATTORNEY-IN-FACT,
3. PhP30,000.00 as exemplary damages.
Respondent.
All damages awarded shall earn interest at the rate of six
G.R. No. 234651, June 06, percent (6%) per annum from finality of this judgment until fully
2018 - PEOPLE OF THE paid.
v. BENITO LABABO ALIAS "BEN," SO ORDERED.26
WENEFREDO LABABO, JUNIOR

ISSUES
LABABO (AL), AND FFF, Accused-
Appellants. I.
THE COURT A QUO GRAVELY ERRED IN GIVING MUCH WEIGHT

G.R. No. 235511, June 20,
AND CREDENCE TO THE INCONSISTENT, HIGHLY INCREDIBLE,
2018 - METROPOLITAN BANK
AND IMPROBABLE TESTIMONY OF THE PRIVATE COMPLAINANT.
AND TRUST COMPANY, Petitioner,
v. JUNNEL'S MARKETING II.
CORPORATION, PURIFICACION
THE COURT A QUO GRAVELY ERRED IN CONVICTING THE
DELIZO, AND BANK OF
ACCUSED-APPELLANT DESPITE THE FAILURE OF THE
COMMERCE, Respondents.; G.R.
PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE
No. 235565, June 20, 2018 -
DOUBT.
BANK OF COMMERCE, Petitioner,
v. JUNNEL'S MARKETING OUR RULING
CORPORATION, PURIFICACION
DELIZO, AND METROPOLITAN The appeal is without merit.
BANK AND TRUST COMPANY,

The elements of rape were proven by the prosecution.
Respondents.
For a charge of rape under Art. 266-A(1)27 of Republic Act (R.A.) No. 8353
G.R. No. 234533, June 27, to prosper, it must be proved that: (1) the offender had carnal knowledge of
2018 - SPOUSES JULIETA B. a woman, and (2) he accomplished such act through force or intimidation,
CARLOS AND FERNANDO P. or when she was deprived of reason or otherwise unconscious, or when she
CARLOS, Petitioners, v. JUAN was under 12 years of age or was demented.28 The gravamen of rape under
CRUZ TOLENTINO, Respondent.
Art. 266-A (1) is carnal knowledge of "a woman against her will or without
her consent."29 In this case where it was alleged to have been committed
A.C. No. 3951, June 19, 2018
by force, threat or intimidation, "it is imperative for the prosecution to
- UNITED COCONUT PLANTERS
establish that the element of voluntariness on the part of the victim be
BANK, Complainant, v. ATTY.
absolutely lacking. The prosecution must prove that force or intimidation
LAURO G. NOEL, Respondent.
was actually employed by accused upon his victim to achieve his end.
Failure to do so is fatal to its cause."30

G.R. No. 204131, June 04,
2018 - SPOUSES JAIME AND Convincingly, AAA narrated that accused-appellant had carnal knowledge of
CATHERINE BASA, SPOUSES her, against her will, on 15 December 2005, viz:
JUAN AND ERLINDA OGALE
REPRESENTED BY WINSTON Q. Now, when you returned the P50.00 extra amount to
OGALE, SPOUSES ROGELIO AND Pedro Rupal, what happened next?
LUCENA LAGASCA REPRESENTED
BY LUCENA LAGASCA, AND A. He pulled me.
SPOUSES CRESENCIO AND

ï¿½ ï¿½
ELEADORA APOSTOL, Petitioners,
v. ANGELINE LOY VDA. DE SENLY Q. Who pulled you?
LOY, HEIRS OF ROBERT
A. Pedro Rupal.
CARANTES, THE REGISTER OF
DEEDS FOR BAGUIO CITY, AND ï¿½ ï¿½
THE CITY ASSESSOR'S OFFICE
OF BAGUIO CITY, Respondents. Q. What happened when he pulled you?
A. The handle of my bag was severed.

G.R. No. 219088, June 13,
2018 - PEOPLE OF THE ï¿½
xxx
v. RONNIE DELA CRUZ A.K.A.
"BAROK," Accused-Appellant. ï¿½ ï¿½
Q. And what happened after the handle of your bag was

G.R. No. 223565, June 18,
severed because it was pulled by Pedro?
2018 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, A. He pulled me towards the coconut plantation.
v. JONATHAN PAL, THANIEL
MAGBANTA, ALIAS DODONG ï¿½ ï¿½
MANGO [RON ARIES DAGATAN

Q. And what happened next?
CARIAT] AND ALIAS TATAN
CUTACTE, ACCUSED, RON ARIES A. He pushed me.
DAGATAN CARIAT ALIAS
ï¿½ ï¿½
DODONG MANGO, Accused-
Appellant. Q. So what happened to you when he pushed you?
G.R. No. 191622, June 06, A. I fell down and he held me.
2018 - ILUMINADA BATAC,

ï¿½ ï¿½
Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent. Q. After he held you what happened next?
A. He abused me.
A.M. No. 2011-05-SC, June
19, 2018 - RE: DECEITFUL ï¿½ ï¿½
CONDUCT OF IGNACIO S. DEL
ROSARIO, CASH CLERK III, Q. When you said he abused you, what did he do at that
RECORDS AND MISCELLANEOUS time?
MATTER SECTION, CHECKS

A. He made a push and pull movement on me.
DISBURSEMENT DIVISION, FMO-
OCA, IGNACIO S. DEL ROSARIO, ï¿½ ï¿½
Petitioner.
Q. What was the position of both of you when he made that
push and pull movement?
G.R. No. 205953, June 06,
2018 - DIONELLA A. GOPIO, A. He was on top of me.
DOING BUSINESS UNDER THE
NAME AND STYLE, JOB ASIA ï¿½ ï¿½
MANAGEMENT SERVICES,
Q. Were you lying down or standing up?
Petitioner, v. SALVADOR B.
BAUTISTA, Respondents. A. Lying down.
ï¿½ ï¿½
G.R.No. 202324, June 04,
2018 - CONCHITA GLORIA AND Q. Where did you lie down?
MARIA LOURDES GLORIA-
PAYDUAN, Petitioners, v. A. In the bushes.
BUILDERS SAVINGS AND LOAN

ï¿½ ï¿½
ASSOCIATION, INC., Respondent.
Q. At that time when Pedro made a push and pull
G.R. No. 190324, June 06, movement on you on that position, were you wearing
2018 - PHILIPPINE PORTS still your dress?
AUTHORITY, Petitioner, v. THE
A. Yes, my dress was still on but I have no panty anymore.
CITY OF DAVAO, SANGGUNIANG
PANGLUNGSOD NG DAVAO CITY, ï¿½ ï¿½
CITY MAYOR OF DAVAO CITY,
CITY TREASURER OF DAVAO Q. What were the clothes you were wearing at that time,
CITY, CITY ASSESSOR OF DAVAO was it a whole dress or a blouse and skirt?
CITY, AND CENTRAL BOARD OF

A. I was wearing the school uniform, a blouse and a skirt.
ASSESSMENT APPEALS (CBAA), ï¿½ ï¿½

Respondents.
Q. Now, what was the position of your skirt at that time
G.R. No. 234616, June 20, when Pedro made a push and pull movement on you
2018 - PHILIPPINE DEPOSIT while you were in that position ï¿½ he was on top of you
INSURANCE CORPORATION, and you were lying on the ground?
Petitioner, v. MANU GIDWANI,

A. It was raised.
Respondent.
ï¿½ ï¿½
G.R. No. 200630, June 04,
Q. When he made that push and pull movement, did you
2018 - KIM LIONG, Petitioner, v.
feel a pain on any part of your body?
PEOPLE OF THE PHILIPPINES,
Respondent. A. Yes.
G.R. No. 204307, June 06, ï¿½ ï¿½
2018 - ORIENT HOPE AGENCIES,

Q. Which part of your body felt pain?
INC. AND/OR ZEO MARINE
CORPORATION, Petitioners, v. A. My vagina.
MICHAEL E. JARA, Respondent.
ï¿½ ï¿½
G.R. No. 215111, June 20, Q. Why is it that you felt pain in your vagina?
2018 - ABOSTA
SHIPMANAGEMENT A. Because it seems something was pushed in my vagina.
CORPORATION, PANSTAR
ï¿½ ï¿½
SHIPPING CO., LTD., AND/OR
GAUDENCIO MORALES, Q. Did you know what was that something that was being
Petitioners, v. RODEL D. DELOS pushed in your vagina?
REYES, Respondent.
A. Yes.
G.R. No. 233702, June 20, ï¿½ ï¿½

PHILIPPINES, Plaintiff-Appellee, Q. What was that something that was pushed towards your
v. MANUEL GAMBOA Y vagina?
FRANCISCO @ "KUYA," Accused-

A. His penis.
Appellant.
ï¿½
G.R. No. 214053, June 06,
xxx
2018 - TEODORICO CASTILLO,
ALICE CASTILLO, AND ST. ï¿½ ï¿½
EZEKIEL SCHOOL, INC.,
Petitioners, v. BANK OF THE Q. You said earlier that when the accused made a push and
PHILIPPINE ISLANDS, pull movement on you in that position you have no more
Respondent. panty and your skirt was raised, why, what happened to
your panty, where was your panty?
G.R. No. 227394, June 06,

A. Maybe it was pulled by him.
PHILIPPINES, Plaintiff-Appellee, ï¿½ ï¿½
v. NORJANA SOOD Y
Q. And who raised your skirt?
AMATONDIN, Accused-Appellant.
A. Pedro.
A.C. No. 12156, June 20, 2018
- PAULINO LIM, Complainant, v. ï¿½ ï¿½
ATTY. SOCRATES R. RIVERA,

Q. Could you give us an estimate of the duration of time
Respondent.
when Pedro made that push and pull movement on you
while you were on that position, as to how many
G.R. No. 189792, June 20,
minutes or seconds?
2018 - COMMISSIONER OF
INTERNAL REVENUE, Petitioner,
v. CEBU HOLDINGS, INC., A. I think for five (5) minutes.

Respondent.
ï¿½
G.R. No. 229787, June 20,

xxx
2018 - RICKY ANYAYAHAN Y
TARONAS, Petitioner, v. PEOPLE ï¿½ ï¿½
OF THE PHILIPPINES,
Q. Aside from making a push and pull movement of his
Respondent.
penis on your vagina at that time, AAA, what else did
Pedro do on you at that time?
G.R. No. 218413, June 06,
2018 - FELICIANO S. PASOK, JR., A. He kissed me.
Petitioner, v. OFFICE OF THE
OMBUDSMANï¿½MINDANAO AND ï¿½ ï¿½
REX Y. DUA, Respondents.

Q. Where did he kiss you?
G.R. No. 204183, June 20, A. My lips.

2018 - BARANGAY TONGONAN,
ï¿½ ï¿½
ORMOC CITY, REPRESENTED BY
ITS PUNONG BARANGAY, Q. Aside from kissing your lips what else did he do to you?
ISAGANI R. BAï¿½EZ, Petitioner,
v. HON. APOLINARIO M. BUAYA, A. He touched my breasts.
IN HIS CAPACITY AS PRESIDING

ï¿½
JUDGE, REGIONAL TRIAL COURT,
BRANCH 35, ORMOC CITY, CITY xxx
GOVERNMENT OF ORMOC,
ï¿½ ï¿½
REPRESENTED BY ITS MAYOR,
HONORABLE ERIC C. CODILLA, Q. What did Pedro tell you after that?
THE MUNICIPALITY OF
KANANGA, LEYTE, REPRESENTED A. I must not tell my mother.
BY ITS MAYOR, HONORABLE

ï¿½ ï¿½
GIOVANNI M. NAPARI, AND
PHILIPPINE NATIONAL Q. Why, what if you tell your mother?
DEVELOPMENT CORP.* (PNOC-
A. That according to him he is going to kill my mother and
EDC), REPRESENTED BY ITS
PRESIDENT MR. PAUL AQUINO, my brothers.31
Respondents.
Accused-appellant denigrates AAA's testimony as against human experience
G.R. No. 200223, June 06, saying, albeit he was not armed when he allegedly dragged her to the
2018 - REPUBLIC OF THE coconut plantation, she only cried instead of physically resisting him or
PHILIPPINES, Petitioner, v. shouting for help. Moreover, he claimed that it was not shown that he
LAKAMBINI C. JABSON, threatened AAA from the waiting shed until the alleged rape was
PARALUMAN C. JABSON, consummated.32

MAGPURI C. JABSON, MANUEL C.
In any rape case, the law does not impose a burden on the rape victim to
JABSON III, EDGARDO C.
prove resistance because it is not an element of rape.33 That AAA did not
JABSON, RENATO C. JABSON,
offer any resistance to accused-appellant or did not shout for help does not
NOEL C. JABSON, AND NESTOR
find that she voluntarily submitted to his hideous acts considering that there
C. JABSON, REPRESENTED BY
is no uniform behavior that can be expected from those who had the
LAKAMBINI C. JABSON,
ATTORNEY-IN-FACT, misfortune of being sexually molested.34 It is important to state the
Respondents. enlightened teaching that the workings of the human mind placed under
emotional stress are unpredictable, and people react differently: some may
G.R. No. 218269, June 06, shout, others may faint, and still others may be shocked into insensibility
2018 - IN RE: APPLICATION FOR even if there may be a few who may openly welcome the intrusion.35
LAND REGISTRATION, SUPREMA
The absence of any threat to AAA from accused-appellant at the waiting
T. DUMO, Petitioner, v. REPUBLIC
shed does not disprove the fact that he had carnal knowledge of her. It will
OF THE PHILIPPINES,
be noted that pursuant to Art. 266-A of the RPC, rape is committed when a
Respondent.
man has carnal knowledge of a woman either through force, or threat, or
intimidation, among other circumstances. Thus, proof that the offense was
G.R. No. 228960, June 11, committed either through any of the three means, i.e., force, threat, or
2018 - PEOPLE OF THE intimidation, will suffice to warrant a conviction as long as this is
PHILIPPINES, Plaintiff-Appellee, satisfactorily proven by the prosecution.
v. JUNREL R. VILLALOBOS,
"Force, as an element of rape, must be sufficient to consummate the
Accused-Appellants.
purposes which the accused had in mind. On the other hand, intimidation
must produce fear that if the victim does not yield to the bestial demands of
G.R. No. 205925, June 20,
the accused, something would happen to her at that moment or even
2018 - BASES CONVERSION AND
thereafter as when she is threatened with death if she reports the
DEVELOPMENT AUTHORITY,
Petitioner, v. COMMISSIONER OF incident."36 In this case, AAA was able to credibly narrate that it was
through force that accused-appellant was able to carry out his evil desire by
INTERNAL REVENUE,
dragging her from the shed to the coconut plantation and there pushing her
Respondent.
to the ground to abuse her. In the same vein, the circumstance of
intimidation was demonstrated by accused-appellant's threat that he would
G.R. No. 228504, June 06,
kill her mother and her siblings once she revealed to BBB what he did to
2018 - PHILSYNERGY MARITIME,
her.
INC. AND/OR TRIMURTI
SHIPMANAGEMENT LTD., Accused-appellant fustigates the alleged disturbing and contradicting claims
Petitioners, v. COLUMBANO
of AAA that she was repeatedly raped by him since she was nine years old
PAGUNSAN GALLANO, JR.,
until she reached thirteen, yet, she had intimated to BBB that she was raped
Respondent.
only twice.37
G.R. No. 224327, June 11, Noteworthily, whether AAA was raped twice or for several more times by
2018 - COMMISSIONER OF accused-appellant is immaterial to this case considering that this is neither
INTERNAL REVENUE, Petitioner, an issue nor a material element for the successful prosecution of the offense
v. BANK OF THE PHILIPPINE of rape. Notwithstanding this, the Court is convinced by the CA's findings on
ISLANDS, Respondent. the alleged inconsistency as to the number of times AAA had been raped by
accused-appellant, viz:
G.R. No. 222497, June 27,
x x x It is eminently probable that at the time AAA was
confronted by her mother on January 2, 2006, she was in state
of disarray and confusion. She was possibly perplexed on what to
v. PEDRO RUPAL, Accused-
do and on what to say to her mother as she was afraid that the
Appellant.
accused-appellant might carry out his prior threats to kill her
mother and siblings. Such threats, gravely intimidating and
A.M. No. RTJ-16-2460, June
instilling tremendous fear in her young and fragile mind,
27, 2018 - ATTY. JEROME
probably caused AAA to disclose to her mother that she was
NORMAN L. TACORDA AND
raped only twice. However, during the trial proper, knowing that
LETICIA RODRIGO-DUMDUM,
she and her family could no longer be harmed by the accused-
Complainants, v. JUDGE PERLA V.
appellant, took courage and narrated that the sexual assaults
CABRERA-FALLER, EXECUTIVE
JUDGE, AND OPHELIA G. occurred even before when she was only nine years of age.38
SULUEN, OFFICER-IN-
Apparently, that same degree of courage manifested by AAA before the trial
CHARGE/LEGAL RESEARCHER II,
court when she claimed that she was raped several times by accused-
BOTH OF BRANCH 90, REGIONAL
appellant was previously exhibited before the police station when she filed
TRIAL COURT, DASMARIï¿½AS
her complaint against him, viz:
CITY, CAVITE, Respondents.
xxx
G.R. No. 217301, June 06,
Q. Why are you here before the office of Trinidad police station x
2018 - CONSOLIDATED
x x?
BUILDING MAINTENANCE, INC.
A. I am here to file a formal complaint against PEDRO RUPAL
AND SARAH DELGADO,
xxxxxxxxx for raping me.
Petitioners, v. ROLANDO ASPREC,
JR. AND JONALEN BATALLER, Q. When and where did this happen?
Respondents. A, The last incident was on December 15, 2005 at 1:00 in the
afternoon more or less at the barangay YYY, ZZZ, Bohol
G.R. No. 219670, June 27, particularly at the coconut plantation.
2018 - J.V. LAGON REALTY CORP.,
Q. How many times did this incident happen?
REPRESENTED BY NENITA L.
A. More than ten times.
LAGON IN HER CAPACITY AS
PRESIDENT, Petitioner, v. HEIRS Q. Can you please narrate the incident?

OF LEOCADIA VDA. DE TERRE, A. When I was 9 years old, he (Pedro Rupal) raped me at the
NAMELY: PURIFICACION T. kitchen of our neighbor and uttered some threatening words
BANSILOY, EMILY T. CAMARAO, saying that he would kill my mother, brothers, and sisters if I
AND DOMINADOR A. TERRE, AS reveal or report what he did to me. So I decided not to report to
REPRESENTED BY DIONISIA T. anybody about the incident. That the evil desire of my uncle was
CORTEZ, Respondents. repeated more than ten times but the last incident happened on
December 15, 2005 in the morning the same date at barangay
G.R. No. 229380, June 06, YYY, ZZZ, Bohol where I am studying.39
2018 - LENIZA REYES Y
CAPISTRANO, Petitioner, v. Likewise, feeling that she was already safe and protected by the authorities,
PEOPLE OF THE PHILIPPINES, AAA thereafter confided to Dr. Auza that she was raped several times
Respondent. starting when she was nine years old.40
To stress, inconsistencies on minor details and collateral matters do not

G.R. No. 209085, June 06,
affect the substance, truth, or weight of the victim's testimonies.41 Even
2018 - NICANOR F. MALCABA,
granting that there were inconsistencies in AAA's claim as to the number of
CHRISTIAN C. NEPOMUCENO,
times accused-appellant had carnal knowledge of her, jurisprudence
AND LAURA MAE FATIMA F.
instructs that "when the offended party is of tender age and immature,
PALIT-ANG, Petitioners, v.
courts are inclined to give credit to her account of what transpired,
PROHEALTH PHARMA
considering not only her relative vulnerability but also the shame to which
PHILIPPINES, INC., GENEROSO
she would be exposed if the matter to which she testified is not true. Youth
R. DEL CASTILLO, JR., AND
DANTE M. BUSTO, Respondents. and immaturity are generally badges of truth and sincerity."42 Courts
generally give leeway to minor witnesses when relating traumatic incidents
G.R. No. 224290, June 11, of the past.43

Accused-appellant futilely asserts that what further taints AAA's credibility
was that, despite her claim that he had carnal knowledge of her for several
v. VICENTE SIPIN Y DE CASTRO,
Accused-Appellants. times, only one case of rape was filed against him.44
Accused-appellant failed to consider that the established rule is that it is the

A.M. No. RTJ-16-2454, June
task of the prosecutor, and not the victim, to file a criminal case before the
06, 2018 - PHILIP SEE,
court. Moreover, the fact that there was only one case filed against
Complainant, v. JUDGE ROLANDO
accusedï¿½ appellant cannot translate to a finding that he did not have
G. MISLANG, PRESIDING JUDGE,
carnal knowledge of AAA on 15 December 2005, especially considering that
REGIONAL TRIAL COURT,
the evidence on record firmly established the elements of the offense as
BRANCH 167, PASIG CITY,
proven by the prosecution.
Respondent.
Significantly, AAA's testimony that she was raped finds support in Dr. Auza's
G.R. No. 202113, June 06, medical findings that the lacerations in AAA's vaginal opening could have
2018 - RICKY B. TULABING, been caused by the forcible entry of a hard object, possibly a male genitalia,
Petitioner, v. MST MARINE and that her hymen was no longer intact.45 It is emphasized that when a
SERVICES (PHILS.), INC., TSM rape victim's allegation is corroborated by a physician's finding of
INTERNATIONAL LTD., AND/OR penetration, "there is sufficient foundation to conclude the existence of the
CAPT. ALFONSO R. DEL
essential requisite of carnal knowledge."46 Such medico-legal findings
CASTILLO, Respondent.; G.R. No.
bolster the prosecution's testimonial evidence. Together, these pieces of
202120, June 06, 2018 - MST
evidence produce a moral certainty that the accused-appellant indeed raped
MARINE SERVICES (PHILS.),
the victim.47 The "[p]hysical evidence is evidence of the highest order. It
INC., TSM INTERNATIONAL LTD.,
speaks more eloquently than a hundred witnesses."48 Moreover, a young
AND/OR CAPT. ALFONSO R. DEL
girl's revelation that she had been raped, coupled with her voluntary
CASTILLO, Petitioners, v. RICKY
submission to medical examination and willingness to undergo public trial
B. TULABING, Respondent.
where she could be compelled to give out the details of an assault on her
G.R. No. 224626, June 27, dignity, cannot be so easily dismissed as mere concoction.49

The legal teaching trenchantly maintained in our jurisprudence is that when
the decision hinges on the credibility of witnesses and their respective
v. YYY, Accused-Appellant.
testimonies, the trial court's observations and conclusions deserve great
respect and are accorded finality, unless the records show facts or
circumstances of material weight and substance that the lower court
G.R. No. 223566, June 27, overlooked, misunderstood or misappreciated and which, if properly
2018 - PEOPLE OF THE considered, would alter the result of the case.50 The Court explained the
PHILIPPINES, Plaintiff-Appellee, reason for this teaching as follows:
v. JUNIE (OR DIONEY)
x x x The trial judge has the advantage of observing the witness'
SALVADOR, SR. Y MASAYANG,
Accused-Appellant. deportment and manner of testifying. x x x The trial judge,
therefore, can better determine if witnesses are telling the truth,
being in the ideal position to weigh conflicting testimonies.
G.R. No. 224849, June 06,
Unless certain facts of substance and value were overlooked
2018 - HEIRS OF ERNESTO
which, if considered, might affect the result of the case, its
MORALES, NAMELY: ROSARIO M.
assessment must be respected for it had the opportunity to
DANGSALAN, EVELYN M.
observe the conduct and demeanor of the witnesses while
SANGALANG, NENITA M. SALES,
testifying and detect if they were lying. The rule finds an even
ERNESTO JOSE MORALES, JR.,
RAYMOND MORALES, AND more stringent application where said findings are sustained by
MELANIE MORALES, Petitioners, the Court of Appeals.51

v. ASTRID MORALES AGUSTIN,
It must be stressed that the Court had conscientiously observed in this case
REPRESENTED BY HER
the three principles that had consistently guided it in reviewing rape cases,
ATTORNEY-IN-FACT, EDGARDO
viz: (a) an accusation of rape can be made with facility, and while the
TORRES, Respondent.
accusation is difficult to prove, it is even more difficult for the person
accused, although innocent, to disprove; ( b) considering the intrinsic
G.R. No. 220141, June 27,
nature of the crime, only two persons being usually involved, the testimony
of the complainant should be scrutinized with great caution; and ( c) the
PHILIPPINES Plaintiff-Appellee, v.
evidence for the prosecution must stand or fall on its own merit, and cannot
ARNULFO BALENTONG
be allowed to draw strength from the weakness of the evidence for the
BERINGUIL, Accused-Appellant.
defense; but found nothing to depart from the ruling of the trial court that
AAA's testimony was credible and straightforward, especially that this was
G.R. No. 194455, June 27,
sustained by the CA. "In rape cases, the credibility of the victim is almost
2018 - SPOUSES AVELINA
always the single most important issue. If the testimony of the victim
RIVERA-NOLASCO AND
passes the test of credibility, which means it is credible, natural, convincing
EDUARDO A. NOLASCO,
and consistent with human nature and the normal course of things, the
Petitioners, v. RURAL BANK OF
accused may be convicted solely on that basis."52 On the one hand, records
PANDI, INC., Respondent.
will confirm that the accused-appellant miserably failed to show in his
appeal that the RTC and the CA overlooked a material fact that would have
G.R. No. 213918, June 27,
changed the outcome of the case or misunderstood a circumstance of
consequence in their evaluation of AAA's credibility.
v. EVANGELINE ABELLA Y
The defenses of denial and alibi of the accused-appellant were
SEDEGO AND MAE ANN
weak.
SENDIONG, Accused-Appellants.
To extricate himself from liability, accused-appellant proffers the defense

G.R. No. 196681, June 27,
that during the time material to the case he was fetching water from the
2018 - CITY OF MANILA AND
well and that thereafter he stayed home.
OFFICE OF THE CITY TREASURER
OF MANILA, Petitioners, v. Nothing is more settled in criminal law jurisprudence than that alibi and
COSMOS BOTTLING denial cannot prevail over the positive and categorical testimony and
CORPORATION, Respondent.
identification of the complainant.53 For the defense of alibi to prosper, the
accused must prove that he was somewhere else when the offense was
A.M. No. P-16-3586 (Formerly
committed and that he was so far away that it was not possible for him to
A.M. No. 14-4-43-MCTC), June
have been physically present at the place of the crime or at its immediate
05, 2018 - OFFICE OF THE
vicinity at the time of its commission.54 On the one hand, denial is an
COURT ADMINISTRATOR,
inherently weak defense and constitutes self-serving negative evidence,
Complainant, v. CLERK OF COURT
which cannot be accorded greater evidentiary weight than the positive
II MICHAEL S. CALIJA,
declaration by a credible witness.55
MUNICIPAL CIRCUIT TRIAL
COURT (MCTC), DINGRAS-
The Court takes note of the fact that, notwithstanding the grave charge
ï¿½MARCOS, ILOCOS NORTE,
against accused-appellant, not one of his children took the witness stand to
Respondent.
fortify his defense that he was at home the whole day of 15 December
G.R. No. 218947, June 20, 2005. Likewise, despite accused-appellant's claim that there were several
2018 - PEOPLE OF THE people who saw him fetching water from the well in the afternoon of that
PHILIPPINES, Plaintiff-Appellee, day,56 not one of them testified to reinforce his claim. Clearly, petitioner's
v. REY ANGELES Y NAMIL alibi easily crumbled in the absence of any evidence to prove that it was
Accused-Appellant. improbable for him to be at the scene of the crime.
G.R. Nos. 211820-21, June In his hopeless effort to prove the implausibility that he had carnal
06, 2018 - KENSONIC, INC., knowledge of AAA, he asserts that he saw her only after 15 December
Petitioner, v. UNI-LINE MULTI- 2005.57 AAA was the niece of accused-appellant, she being the daughter of
RESOURCES, INC., (PHIL.), his wife's sister.58 Additionally, accused-appellant admitted that he had been
Respondent.; G.R. Nos. 211834- residing in Bohol since 1975 and that his nearest neighbor was AAA's
35, June 06, 2018 - UNI-LINE
family.59 More significant is accused-appellant's acknowledgement that his
MULTI-RESOURCES, INC.,
daughter and AAA were classmates and friends, and they went to school
Petitioner, v. KENSONIC, INC.,
and back to their respective homes together.60 These facts, confirmed by
Respondent.
accused-appellant, himself, compellingly demolish his incredible assertion
that he could not have committed the offense charged because he saw AAA
G.R. No. 228960, June 11,
only after 15 December 2005.
PHILIPPINES, Plaintiff-Appellee, Accused-appellant's averment that the instant case was filed against him
v. JUNREL R. VILLALOBOS, because of the conflict between his wife and BBB61 likewise fails to
Accused-Appellant. convince.
G.R. No. 222559, June 06, It was incredible that BBB would allow AAA to report to the authorities,
2018 - PEOPLE OF THE submit to medical examination, and undergo a humiliating public trial
PHILIPPINES, Plaintiff-Appellee, anchored on an allegedly trumped-up charge if her sole purpose was to get
v. JENNIFER GA-A Y CORONADO, even with her sister. The Court takes note of the fact that based on the
Accused; AQUILA "PAYAT" testimony of the accused-appellant, it was BBB who started the alleged feud
ADOBAR, Accused-Appellant. with DDD when BBB called DDD's daughter a prostitute. Since BBB had
already offended the accused-appellant's family, it was incredible that she
G.R. No. 218806, June 13, would be on the offensive again by making it appear that accused-appellant
2018 - PEOPLE OF THE had carnal knowledge of AAA. For sure, what convinces the Court of the
PHILIPPINES, Plaintiff-Appellee, speciousness of the alleged conflict between BBB and her sister was AAA's
v. GLORIA NANGCAS Accused- credible narration of the horrid details on what happened on 15 December
Appellant. 2005, which she could have not known due to her tender age. Simply put,
these details were known to AAA because these were the truth. Finding
G.R. No. 226002, June 25, significance here is the jurisprudence that alleged motives of family feuds,
2018 - LINO A. FERNANDEZ, JR., resentment or revenge are not uncommon defenses, and have never
Petitioner, v. MANILA ELECTRIC swayed the Court from lending full credence to the testimony of a
COMPANY (MERALCO), complainant who remains steadfast throughout direct and cross-
Respondent. examinations, especially a minor, as in this case.62
The penalty and the award of damages

G.R. No. 211876, June 25,
2018 - ASIAN TERMINALS, INC., Under Art. 266-B of R.A. No. 8353, the penalty of reclusion perpetua shall
Petitioner, v. PADOSON be imposed upon the accused who has carnal knowledge of a woman
STAINLESS STEEL through force, threat or intimidation.
CORPORATION, Respondent.
Following the Court's pronouncement in People v. Jugueta,63 the accused-
G.R. No. 231884, June 27, appellant shall likewise be liable to pay AAA the following: civil indemnity of
2018 - PEOPLE OF THE P75,000.00, moral damages of P75,000.00, and exemplary damages of
PHILIPPINES, Plaintiff-Appellee, P75,000.00, with interest at the rate of 6% per annum reckoned from the
v. MICHELLE PARBA-RURAL AND finality of this decision until full payment.
MAY ALMOHAN-DAZA, Accused-

WHEREFORE, the appeal is DISMISSED. Accused-appellant Pedro Rupal is
Appellants.
hereby found GUILTY of Rape under Art. 266-A of R.A. No. 8353 and is
sentenced to suffer the penalty of reclusion perpetua. He shall be held liable
G.R. No. 229678, June 20,
to pay AAA civil indemnity of P75,000.00, moral damages of P75,000.00,
and exemplary damages of P75,000.00, with interest at the rate of six
percent (6%) per annum reckoned from the finality of this decision until full
v. HERMINIO VIDAL, JR. Y UAYAN
payment.
@ "PATO," ARNOLD DAVID Y SO ORDERED.

CRUZ @ "ANOT," CIPRIANO
Velasco, Jr., (Chairperson), Bersamin, Leonen, and Gesmundo, JJ., concur.
REFREA, JR. Y ALMEDA @
"COBRA," RICARDO H. PINEDA @
"PETER," EDWIN R. BARQUEROS
@ "MARVIN," AND DANIEL
YASON@ "ACE," Accused.; July 19, 2018
HERMINIO VIDAL, JR. Y UAYAN @
NOTICE OF JUDGMENT
"PATO," AND ARNOLD DAVID Y
CRUZ @ "ANOT," Accused- Sirs/Mesdames:
Appellants.
Please take notice that on June 27, 2018 a Decision, copy attached hereto,
was rendered by the Supreme Court in the above-entitled case, the original
G.R. No. 206992, June 11,
of which was received by this Office on July 19, 2018 at 11:15 a.m.
2018 - LAND BANK OF THE
PHILIPPINES, Petitioner, v.
HEREDEROS DE CIRIACO Very truly yours,
CHUNACO DISTILERIA, INC.,
Respondent. ï¿½
(SGD.) WILFREDO V. LAPITAN
G.R. No. 207004, June 06,
Division Clerk of Court
2018 - ASTRID A. VAN DE BRUG,
MARTIN G. AGUILAR AND GLENN
G. AGUILAR, Petitioners, v.
PHILIPPINE NATIONAL BANK, Endnotes:
Respondent.
1 CA rollo, pp. 82-96. Penned by Associate Justice Jhosep Y.
G.R. No. 195999, June 20, Lopez and concurred in by Associate Justices Pamela Ann Abella
2018 - LILY S. VILLAMIL, Maxino and Germano Francisco D. Legaspi.
SUBSTITUTED BY HER HEIRS
2 Records, pp. 117-127. Penned by Judge Marivic Trabajo Daray.
RUDY E. VILLAMIL, SOLOMON E.
VILLAMIL, TEDDY E. VILLAMIL,
3 Id. p. 2.
JR., DEBORAH E. VILLAMIL,
FLORENCE E. VILLAMIL, 4 Article 335. When and how rape is committed. - Rape is
GENEVIEVE E. VILLAMIL, AND
committed by having carnal knowledge of a woman under any of
MARC ANTHONY E. VILLAMIL,
the following circumstances:
Petitioner, v. SPOUSES JUANITO
ERGUIZA AND MILA ERGUIZA, 1. By using force or intimidation;
Respondents. 2. When the woman is deprived of reason or
otherwise unconscious; and
A.C. No. 11396, June 20, 2018 3. When the woman is under twelve years of age,
- FRANCO B. GONZALES, even though neither of the circumstances mentioned
Complainant, v. ATTY. DANILO B. in the two next preceding paragraphs shall be
BAï¿½ARES, Respondent. present. The crime of rape shall be punished by
reclusion perpetua. Whenever the crime of rape is
G.R. No. 217916, June 20, committed with the use of a deadly weapon or by two
2018 - ABS-CBN PUBLISHING, or more persons, the penalty shall be reclusion
INC., Petitioner, v. DIRECTOR OF perpetua to death. When by reason or on the
THE BUREAU OF TRADEMARKS, occasion of the rape, the victim has become insane,
Respondent. the penalty shall be death. When rape is attempted or
frustrated and a homicide is committed by reason or
G.R. No. 219963, June 13, on the occasion thereof, the penalty shall be likewise
2018 - PEOPLE OF THE death. When by reason or on the occasion of the
PHILIPPINES, Plaintiff-Appelle, v. rape, a homicide is committed, the penalty shall be
RICARDO TANGLAO Y EGANA, death. (As amended by R.A. 2632, approved June 18,
Accused-Appellant. 1960, and R.A. 4111, approved June 20, 1964).
5 Entitled "An Act to Impose the Death Penalty on Certain

A.C. No. 3921, June 11, 2018
Heinous Crimes, Amending for that Purpose the Revised Penal
- DELFINA HERNANDEZ
SANTIAGO, Complainant, v. ATTY. Laws, as Amended, Other Special Penal Laws, and for other
ZOSIMO SANTIAGO AND ATTY. Purposes."
NICOMEDES TOLENTINO,
6 Entitled "An Act Expanding the Definition of the Crime of Rape,
Respondents.
Reclassifying the same as a Crime Against Persons, Amending for
G.R. No. 217781, June 20, the Purpose Act No. 3185, as Amended, Otherwise Known as the
2018 - SAN MIGUEL PURE FOODS Revised Penal Code, and for other Purposes" and dated 30
COMPANY, INC., Petitioner, v. September 1997.
FOODSPHERE, INC.,
7 Records, p. 27.
Respondent.; G.R. No. 217788,
June 20, 2018 - FOODSPHERE, 8 The true name of the victim had been replaced with fictitious
INC., Petitioner, v. SAN MIGUEL initials in conformity to Administrative Circular No. 83-2015
PURE FOODS COMPANY, INC., (Subject: Protocols And Procedures In the Promulgation,
Respondent. Publication, And Posting On The Websites Of Decisions, Final
Resolutions, And Final Resolutions, And Final Orders Using
G.R. No. 230953, June 20, Fictitious Names). The confidentiality of the identity of the victim
2018 - GOVERNMENT SERVICE is mandated by R.A. No. 7610 ("Special Protection of Children
INSURANCE SYSTEM BOARD OF Against Abuse, Exploitation and Discrimination Act''); R.A. No.
TRUSTEES AND CRISTINA V. 8508 ("Rape Victim Assistance And Protection Act of 1998'');
ASTUDILLO, Petitioners, v. THE R.A. No. 9208 ("Anti-Trafficking In Persons Act Of 2003''); R.A.
HON. COURT OF APPEALS - CEBU No. 9262 ("Anti-Violence Against Women And Their Children Act
CITY AND FORMER JUDGE MA. Of 2004''); and R.A. No. 9344 ("Juvenile Justice And Welfare Act
LORNA P. DEMONTEVERDE, Of 2006'').
Respondents.
9 TSN, 27 October 2006, pp. 5-8.
G.R. No. 206331, June 04,
10 Id. pp. 8-14; TSN, 3 December 2009, p. 6.
2018 - DEPARTMENT OF
AGRARIAN REFORM MULTI- 11 TSN, 27 October 2006, pp. 16-17; TSN 3 December 2016, pp.
PURPOSE COOPERATIVE
13-16; TSN, 15 July 201 0, p. 9-10.
(DARMPC), Petitioner, v.
CARMENCITA DIAZ, 12 TSN, 15 July 2010, pp. 10-18.
REPRESENTED BY MARY
13 Records, p. 8, Exh. "A."
CATHERINE M. DIAZ; EMMA
CABIGTING; AND NINA T.
14 Id. p. 9.
SAMANIEGO, Respondents.
15 TSN, 3 December 2009, pp. 4-8.

A.C. No. 10992, June 19, 2018
- RODOLFO M. YUMANG, 16 Records, p. 10, Exh. "8."
CYNTHIA V. YUMANG AND
17 TSN, 25 0ctober 2011, p. 5.
ARLENE TABULA, Complainants,
v. ATTY. EDWIN M. ALAESTANTE,
18 TSN, 24 January 2012, pp. 4-5, 9-10.
Respondent.; A.C. No. 10993, ,
June 19, 2018 - BERLIN V. 19 Id. pp. 5-8; TSN, 8 March 2012, p. 10-11.
GABERTAN AND HIGINO
GABERTAN, Complainants, v. 20 TSN, 24 January 2012, pp. 10-11.
ATTY. EDWIN M. ALAESTANTE,
21 Records, pp. 125-126.
Respondent.
22 Id. p. 126.
G.R. No. 226485, June 06,
2018 - THE PEOPLE OF THE 23 Id. p. 127.
v. BERNIE DELOCIEMBRE Y 24 CA rollo, pp. 88-89.
ANDALES AND DHATS ADAM Y
25 Id. p. 91.
DANGA, Accused-Appellants.
26 CA rollo, pp. 95-96.

G.R. No. 199930, June 27,
2018 - MELITA O. DEL ROSARIO, 27 Article 266-A. Rape: When And How Committed. - Rape is
committed:
Petitioner, v. PEOPLE OF THE 1) By a man who shall have carnal knowledge of a

PHILIPPINES, Respondent. woman under any of the following circumstances:
a) Through force, threat, or intimidation;

G.R. No. 212348, June 19,
b) When the offended party is deprived of reason or
2018 - CAREER EXECUTIVE
otherwise unconscious;
SERVICE BOARD, REPRESENTED
c) By means of fraudulent machination or grave
BY ITS EXECUTIVE DIRECTOR,
abuse of authority; and
MARIA ANTHONETTE VELASCO-
d) When the offended party is under twelve (12)
ALLONES, Petitioner, v.
years of age or is demented, even though none of the
COMMISSION ON AUDIT; THE
circumstances mentioned above be present.
AUDIT TEAM LEADER, CAREER
EXECUTIVE SERVICE BOARD; 28People v. Empuesto, G.R. No. 218246, 17 January 2018.
AND THE SUPERVISING
AUDITOR, CLUSTER A - GENERAL 29People v. Corpuz, G.R. No. 208013, 3 July 2017.
PUBLIC SERVICES I, NATIONAL
30People v. Tionloc, G.R. No. 212193, 15 February 2017.
GOVERNMENT SECTOR,
Respondents.
31 TSN, 27 October 2006, pp. 8-14.
G.R. No. 233480, June 20, 32 CA rollo, p. 32.

PHILIPPINES, Plaintiff-Appellee, 33People v. Palanay, G.R No. 224583, 1 February 2017.
v. MELANIE B. MERCADER,
34People v. Descartin, G.R. No. 215195, 7 June 2017.
Accused-Appellant.
35People v. Empuesto, supra note 28.

G.R. No. 217028, June 13,
2018 - PEOPLE OF THE 36People v. Tionloc, supra note 30.
PHILIPPINES Plaintiff-Appellee, v.
BENJAMIN DOMASIG A.K.A. 37 CA rollo, p. 33.
"MANDO" OR "PILIKITOT"
38 Id. p. 91.
Accused-Appellant.
39 Records, p. 8, Exh. "A."

G.R. No. 199625, June 06,
2018 - JEROME R. CANLAS, 40 Id. p. 8-9, Exhs. "A" & ''B."
Petitioner, v. GONZALO
41People v. Entrampas, G.R. No. 212161, 29 March 2017.
BENJAMIN A. BONGOLAN, ELMER
NONNATUS A. CADANO,
42People v. Descartin, supra note 34.
MELINDA M. ADRIANO, RAFAEL P.
DELOS SANTOS, CORAZON G.
43People v. Divinagracia, G.R. No. 207765, 26 July 2017.
CORPUZ, DANILO C. JAVIER, AND
JIMMY B. SARONA, Respondents. 44 CA rollo, p. 33.
45 TSN, 25 October 20 11, p. 5.

G.R. No. 187186, June 06,
2018 - ALICIA C. GALINDEZ,
46People v. Divinagracia, supra note 43.
Petitioner, v. SALVACION
FIRMALAN; THE HON. OFFICE OF 47People v. Deniega, G.R. No. 212201, 28 June 2017.
THE PRESIDENT THROUGH THE
HON. OFFICE OF THE EXECUTIVE 48People v. Francica, G.R. No. 208625, 6 September 2017.
SECRETARY; AND THE REGIONAL
49People v. Pacayra, G.R. No. 216987, 5 June 2017.
EXECUTIVE DIRECTOR, DENR-
REGION IV, Respondent.
50People v. Gaa, G.R. No. 212934, 7 June 2017.
G.R. No. 199455, June 27, 51People v. Bauit, G.R. No. 223102, 14 February 2018.
2018 - FEDERAL EXPRESS
CORPORATION, Petitioner, v. 52People v. Empuesto, supra note 28.
LUWALHATI R. ANTONINO AND
53People v. Descartin, supra note 34.
ELIZA BETTINA RICASA
ANTONINO, Respondents.
54People v. Palanay, supra note 33.
G.R. No. 200678, June 04, 55People v. Udtohan, G.R. No. 228887, 2 August 2017.
2018 - BANCO FILIPINO
56 TSN, 8 March 2012, p. 10-11.
SAVINGS AND MORTGAGE BANK,
Petitioner, v. BANGKO SENTRAL
57 Id. pp. 14-15.
NG PILIPINAS AND THE
MONETARY BOARD, Respondents. 58 Id. p. 2.
G.R. No. 202836, June 19, 59 Id.

2018 - FIRST SARMIENTO
60 Id. p. 15.
PROPERTY HOLDINGS, INC.,
Petitioner, v. PHILIPPINE BANK
61 Id. p. 8.
OF COMMUNICATIONS,
Respondent. 62People v. Pacayra, supra note 49.
A.C. No. 11944 (Formerly CBD 63 783 Phil. 806, 849 (2016).
No. 12-3463), June 20, 2018 -
BSA TOWER CONDOMINIUM
CORPORATION, Complainant, v.
ATTY. ALBERTO CELESTINO B.
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REYES II, Respondent.
G.R. No. 218330, June 27,

2018 - HEIRS OF MARCELIANO
N. OLORVIDA, JR., REPRESENTED
BY HIS WIFE, NECITA D.
OLORVIDA, Petitioner, v. BSM
CREW SERVICE CENTRE
PHILIPPINES, INC., AND/OR
BERNHARD SCHULTE SHIP
MANAGEMENT (CYPRUS) LTD.
AND/OR NARCISSUS L. DURAN,
Respondents.
G.R. No. 234018, June 06,

v. EVANGELINE DE DIOS Y
BARRETO, Accused-Appellant.
A.M. No. P-18-3843 (Formerly

OCA IPI No. 16-4612-P), June
25, 2018 - CONCERNED
CITIZENS, Complainants, v.
RUTH TANGLAO SUAREZï¿½
HOLGUIN, UTILITY WORKER 1,
OFFICE OF THE CLERK OF
COURT, REGIONAL TRIAL COURT,
ANGELES CITY, PAMPANGA,
Respondent.
A.C. No. 12084, June 06, 2018

- HERNANIE P. DANDOY,
Complainant, v. ATTY. ROLAND G.
EDAYAN, Respondent.
G.R. No. 232666, June 20,

2018 - FIELD INVESTIGATION
UNIT-OFFICE OF THE DEPUTY
OMBUDSMAN FOR LUZON,

Petitioner, v. RAQUEL A. DE
CASTRO, Respondent.
G.R. No. 185484, June 27,

2018 - FRANCISCO I. CHAVEZ,
Petitioner, v. IMELDA R. MARCOS,
Respondent.
G.R. Nos. 203797-98, June

27, 2018 - CARMENCITA O.
REYES, Petitioner, v.
SANDIGANBAYAN (FIRST
DIVISION), OFFICE OF THE
SPECIAL PROSECUTOR, OFFICE
OF THE OMBUDSMAN, AND THE
Respondents.
G.R. No. 227427, June 06,

v. DELIA CALLEJO Y TADEJA AND
SILVERA ANTOQUE Y MOYA@
"INDAY", Accused-Appellants.
G.R. No. 194983, June 20,

2018 - PHILIPPINE NATIONAL
BANK, Petitioner, v. ANTONIO
BACANI, RODOLFO BACANI,
ROSALIA VDA. DE BAYAUA, JOSE
BAYAUA AND JOVITA VDA. DE
BAYAUA, Respondent.
A.C. No. 12025, June 20, 2018

- EDMUND BALMACEDA,
Complainant, v. ATTY. ROMEO Z.
USON, Respondent.
G.R. No. 231133, June 06,

v. MARVIN MADRONA OTICO,
Accused-Appellant.

Case No. 14-4322), June 27,
2018 - CELESTINO MALECDAN,
Complainant, v. ATTY. SIMPSON
T. BALDO, Respondent.
G.R. No. 220517, June 20,

2018 - LOLITA ESPIRITU SANTO
MENDOZA AND SPS. ALEXANDER
AND ELIZABETH GUTIERREZ,
Petitioners, v. SPS. RAMON, SR.
AND NATIVIDAD PALUGOD,
Respondents.
G.R. No. 230170, June 06,

2018 - MA. SUGAR M. MERCADO
AND SPOUSES REYNALDO AND
YOLANDA MERCADO, Petitioners,
v. HON.JOEL SOCRATES S.
LOPENA [PRESIDING JUDGE,
METROPOLITAN TRIAL COURT,
BRANCH 33, QUEZON CITY],
HON. JOHN BOOMSRI S.
RODOLFO [PRESIDING JUDGE,
METROPOLITAN TRIAL COURT,
HON. REYNALDO B. DAWAY
[PRESIDING JUDGE, REGIONAL
TRIAL COURT, BRANCH 90,
QUEZON CITY], HON. ROBERTO
P. BUENAVENTURA [PRESIDING
JUDGE, REGIONAL TRIAL COURT,
HON. JOSE L. BAUTISTA, JR.
[PRESIDING JUDGE, REGIONAL
TRIAL COURT, BRANCH 107,
QUEZON CITY], HON. VITALIANO
AGUIRRE II (IN HIS CAPACITY AS
SECRETARY OF JUSTICE), BON.
DONALD LEE (IN HIS CAPACITY
AS THE CHIEF OF THE OFFICE OF
THE CITY PROSECUTOR OF
QUEZON CITY), KRISTOFER JAY
I. GO, PETER AND ESTHER GO,
KENNETH ROUE I. GO, CASEY
LIM JIMENEZ, CRISTINA
PALILEO, AND RUEL BALINO,
Respondents.
G.R. No. 229302, June 20,

2018 - CONSOLIDATED
DISTILLERS OF THE FAR EAST,
INC., Petitioner, v. ROGEL N.
ZARAGOZA, Respondent.
G.R. No. 227504, June 13,

v. RODOLFO GRABADOR, JR.,
ROGER ABIERRA, DANTE
ABIERRA AND ALEX ABIERRA,
Accused,; ALEX ABIERRA,
Accused-Appellant.
A.M. No. RTJ-18-2525

(Formerly OCA IPI No. 15-4435-
RTJ), June 25, 2018 - SAMUEL N.
RODRIGUEZ, Complainant, v.
HON. OSCAR P. NOEL, JR.,
EXECUTIVE JUDGE/PRESIDING
JUDGE, REGIONAL TRIAL COURT
OF GENERAL SANTOS CITY,

BRANCH 35, Respondent.
G.R. No. 217027, June 06,

v. NARCISO SUPAT Y RADOC
ALIAS "ISOY", Accused-
Appellant.
G.R. No. 202408, June 27,

2018 - FAROUK B. ABUBAKAR,
PHILIPPINES, Respondent.; G.R.
No. 202409 - ULAMA S.
BARAGUIR Petitioner, v. PEOPLE
OF THE PHILIPPINES,
Respondent.; G.R. No. 202412 -
DATUKAN M. GUIANI Petitioner, v.
Respondent.
G.R. No. 234288, June 27,

PHILIPPINES v. BINAD CHUA Y
MAIGE
G.R. No. 205409, June 13,

2018 - CITIGROUP, INC.,
Petitioner, v. CITYSTATE SAVINGS
BANK, INC. Respondent.
G.R. No. 199515, June 25,

2018 - RHODORA ILUMIN
RACHO, A.K.A. "RHODORA
RACHO TANAKA," Petitioner, v.
SEIICHI TANAKA, LOCAL CIVIL
REGISTRAR OF LAS PIï¿½AS
CITY, AND THE ADMINISTRATOR
AND CIVIL REGISTRAR GENERAL
OF THE NATIONAL STATISTICS
OFFICE, Respondents.
G.R. No. 182307, June 06,

2018 - BELINA CANCIO AND
JEREMY PAMPOLINA, Petitioners,
v. PERFORMANCE FOREIGN
EXCHANGE CORPORATION,
Respondent.
A.M. No. RTJ-18-2527

(Formerly OCA IPI No. 16-4563-
RTJ), June 18, 2018 - ATTY.
MAKILITO B. MAHINAY,
Complainant, v. HON. RAMON B.
DAOMILAS, JR., PRESIDING
JUDGE, AND ATTY. ROSADEY E.
FAELNAR-BINONGO, CLERK OF
COURT V, BOTH OF BRANCH 11,

REGIONAL TRIAL COURT, CEBU
CITY, CEBU, Respondents.
G.R. No. 230991, June 11,

2018 - HILARIO B. ALILING,
PHILIPPINES, Respondent.

Case No. 14-4305), June 27,
2018 - PELAGIO VICENCIO
SORONGON, JR., Complainant, v.
ATTY. RAMON Y. GARGANTOS,
SR., Respondent.
G.R. Nos. 224131-32, June

25, 2018 - SM INVESTMENTS
CORPORATION, Petitioner, v. MAC
GRAPHICS1 CARRANZ
INTERNATIONAL CORP.,
Respondent.; G.R. Nos. 224337-
38, June 25, 2018 - PRIME
METROESTATE, INC., Petitioner,
v. MAC GRAPHICS CARRANZ
INTERNATIONAL CORP.,
Respondent.
G.R. No. 212156, June 20,

v. GERRY AGRAMON, Accused-
Appellant.
G.R. No. 190512, June 20,

2018 - D.M. RAGASA
ENTERPRISES, INC., Petitioner, v.
BANCO DE ORO, INC. (FORMERLY
EQUITABLE PCI BANK, INC.),
Respondent.
G.R. No. 232299, June 20,

v. ROBERTO ANDRADA Y
CAAMPUED, Accused-Appellant.
G.R. No. 213273, June 27,

v. LEONARDO B. SIEGA, Accused-
Appellant.
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9/18/23, 7:36 AM G.R. No. 222497, June 27, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO RUPAL, Accused-Appellant.

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G.R. No. 222497, June 27, 2018

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO RUPAL,

ChanRobles Lawnet Inc. - MARTIRES, J.:

September 2012 Decision2 of the Regional Trial Court (RTC),

The accused-appellant was charged with Rape in an information3 docketed

That on or about the 15th day of December 2005, in the

MABITAC, LAGUNA, INC.,

G.R. No. 192934, June 27, The Version of the Defense

After he was done, he stayed home until he went to sleep.19

weight is given to the testimony of a child who was a rape victim.21

WENEFREDO LABABO, JUNIOR

THE COURT A QUO GRAVELY ERRED IN GIVING MUCH WEIGHT

BANK AND TRUST COMPANY,

Failure to do so is fatal to its cause."30

SPOUSES CRESENCIO AND

A. The handle of my bag was severed.

Q. And what happened after the handle of your bag was

MANGO [RON ARIES DAGATAN

2018 - ILUMINADA BATAC,

RECORDS AND MISCELLANEOUS time?

MATTER SECTION, CHECKS

BUILDERS SAVINGS AND LOAN

CITY, AND CENTRAL BOARD OF

ASSESSMENT APPEALS (CBAA), ï¿½ ï¿½

INSURANCE CORPORATION, and you were lying on the ground?

Petitioner, v. MANU GIDWANI,

G.R. No. 204307, June 06, ï¿½ ï¿½

2018 - ORIENT HOPE AGENCIES,

G.R. No. 233702, June 20, ï¿½ ï¿½

v. MANUEL GAMBOA Y vagina?

FRANCISCO @ "KUYA," Accused-

G.R. No. 227394, June 06,

ATTY. SOCRATES R. RIVERA,

v. CEBU HOLDINGS, INC., A. I think for five (5) minutes.

G.R. No. 229787, June 20,

REX Y. DUA, Respondents.

G.R. No. 204183, June 20, A. My lips.

IN HIS CAPACITY AS PRESIDING

BY ITS MAYOR, HONORABLE

PARALUMAN C. JABSON, consummated.32

PRESIDENT, Petitioner, v. HEIRS Q. Can you please narrate the incident?

Respondent. starting when she was nine years old.40

To stress, inconsistencies on minor details and collateral matters do not

G.R. No. 224290, June 11, of the past.43

Accused-appellant failed to consider that the established rule is that it is the

2018 - PEOPLE OF THE

MELANIE MORALES, Petitioners, the Court of Appeals.51

To extricate himself from liability, accused-appellant proffers the defense

Respondent. examinations, especially a minor, as in this case.62

The penalty and the award of damages

v. MICHELLE PARBA-RURAL AND finality of this decision until full payment.

MAY ALMOHAN-DAZA, Accused-

@ "PATO," ARNOLD DAVID Y SO ORDERED.

5 Entitled "An Act to Impose the Death Penalty on Certain

COMPANY, INC., Petitioner, v. September 1997.

15 TSN, 3 December 2009, pp. 4-8.

26 CA rollo, pp. 95-96.