Home Law Firm Law Library Laws

Jurisprudence

April 2018 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme
Custom Search
Court Jurisprudence
Search

Philippine Supreme Court Jurisprudence > Year 2018 >

April 2018 Decisions > G.R. No. 201414, April 18,
ChanRobles On- 2018 - PEDRO PEREZ, Petitioner, v. PEOPLE OF THE
Line Bar Review PHILIPPINES, Respondent.:

G.R. No. 201414, April 18, 2018 - PEDRO PEREZ,

Petitioner, v. PEOPLE OF THE PHILIPPINES,
Respondent.

THIRD DIVISION

G.R. No. 201414, April 18, 2018

PEDRO PEREZ, Petitioner, v. PEOPLE OF THE

PHILIPPINES, Respondent.
 DECISION

LEONEN, J.:

Inserting a finger in a 12-year-old girl's vagina and

mashing her breasts are not only acts of lasciviousness
but also amount to child abuse punished under
Republic Act No. 7610.

This is a Petition for Review on Certiorari1 under Rule

45 of the 1997 Rules of Civil Procedure, praying that

the September 30, 2011 Decision2 and April 10, 2012

Resolution3 of the Court of Appeals in CA-G.R. CR No.

33290 be reversed and set aside.4 The Court of

Appeals affirmed the March 8, 2010 Judgment5 of the

Regional Trial Court, which found Pedro Perez (Perez)
guilty beyond reasonable doubt of violation of Section
S(b) of Republic Act No. 7610.

On March 29, 1999, an Information was filed against

Perez, charging him with violation of Section S(b) of
Republic Act No. 7610 or the Special Protection of
Children against Child Abuse, Exploitation and

Discrimination Act:6

[T]hat on or about the 7th day of November

1998, in Quezon City, Philippines, the said
accused, with lewd design, did, then and
there willfully, unlawfully, feloniously
commit an act of sexual abuse upon the
person of [AAA], a minor, 12 years of age,
by then and there inserting his finger [into]
her private organ while mashing her breast
against her will and without her consent
which act debases, degrades or demeans
the intrinsic worth and dignity of
 complainant as a human being, to the
damage and prejudice of the said offended
party.

CONTRARY TO LAW.7

Perez pleaded not guilty during arraignment.8 Pre-trial

was held, wherein the prosecution and the defense

Kumita ng stipulated the following:

extra, sali na 1. That at the time of the commission of

the crime, the minor, the victim in this
case was only 12 years of age; and

2. That the accused was residing at that

time at No. 4, Pangasinan Street,
Sa Lalamove, hawak mo
Luzviminda Street, Brgy. Batasan
ang oras mo. Mas
maraming delivery, mas Hills, Quezon City.9

malaking kita. Sali na.

Thereafter, trial on the merits ensued.10 The

prosecution presented AAA,11 SPO4 Mila Billones

(SPO4 Billones), and Dr. Winston Tan (Dr. Tan) as its

witnesses.12

AAA testified that she met Perez for the first time on
November 6, 1998 when she attended her cousin BBB's
birthday party. The next day, November 7, 1998, she
saw Perez again when she visited her friend CCC at her
house. Aside from her, Perez, and CCC, their other
companions inside the house were BBB, DDD, and

EEE.13

AAA recalled that she was wearing a sleeveless blouse,

a skirt, and cycling shorts under her skirt that day.14

AAA narrated that she "went to the kitchen to drink

 water."15 She saw Perez following her.16 After drinking,
Perez "kissed her on the nape and simultaneously told

her to keep silent."17 Then, Perez slid his finger in her

vagina while mashing her breasts. AAA stated that it
was painful when Perez inserted his finger. She
attempted to remove his hands but he forced himself.
Because she was very afraid, she failed to fight back.
Perez succeeded in his sexual advances, which lasted
for around ten seconds. He then told her not to tell

anybody about what happened.18

AAA later narrated what happened to her other cousin

FFF, who disclosed the incident to AAA's parents. Her
parents reported the incident to the barangay officials,
who eventually referred the matter to the police for

investigation.19

SPO4 Billones testified that she was the women's desk

officer who interviewed AAA. At first, AAA hesitated to
answer the questions but eventually disclosed what
happened. SPO4 Billones observed that AAA almost
cried when she narrated that Perez inserted his finger
into her vagina. After the interview, she prepared AAA's
statement and thereafter filed the case. She also
SPONSORED SEARCHES
recommended AAA to undergo further medical
case law
examination.20

supreme court cases

Dr. Tan testified that he was a Medico-Legal Officer of
dividend stocks
the Philippine National Police Crime Laboratory in Camp

Crame, Quezon City.21 He examined AAA and stated in

arbitration rules
his Medico Legal Report that there were "signs of
physical abuse, particularly, deep healed laceration at
litigation lawyer
three (3) o'clock on the hymen of [AAA] and

ecchymosis in the right mammary region."22 He noted

that the laceration was consistent with AAA's allegation
SPONSORED SEARCHES of sexual abuse and that the ecchymosis or bruising

matched with the date of the alleged incident.23

supreme court cases
However, he also testified that the "injuries can likewise
litigation lawyer
be inflicted in a consensual relationship."24

international law
Meanwhile, he defense presented Perez; his sister,
law schoolAlma Perez (Alma); and CCC as its witnesses.25

law Arm
At the time of his testimony on May 23, 2005, Perez
mentioned that he was 26 years old. Thus, he was
SPONSORED SEARCHES
about 19 years old in 1998 when the offense was
supreme court cases
committed.26

Perez denied abusing AAA. He stated that he first met

law Arm AAA on October 17, 1998. AAA purportedly infonned
him that she was already 16 years old. He testified that
he was not romantically involved with AAA. However,
AAA supposedly gave him a love letter through Alma
stock market
but he did not reciprocate her affection. He admitted
that he met AAA again at BBB's birthday on November

6, 1998.27

April-2018
Jurisprudence Perez narrated that on the day of the alleged incident,
he and his aunt, Nena Rodrigo, went to a school in New
Manila. He left her aunt around 6:00p.m. and went

A.C. No. 9676, April straight home.28

02, 2018 - IN RE:
DECISION DATED Perez added that on November 11, 1998, AAA filed a
SEPTEMBER 26, 2012 complaint against him for slander before the barangay.
IN OMB-M-A-10-023- They were able to settle the matter, and their
A, ETC. AGAINST agreement was put in writing.29
ATTY. ROBELITO* B.
DIUYAN Alma testified that she noticed that AAA liked her
brother Perez. She was also surprised when AAA gave
G.R. No. 215305, her a love letter for her brother. She stated that AAA
April 03, 2018 - went to their place frequently and that she talked to
MARCELO G. her at BBB 's party.30
SALUDAY, Petitioner,
v. PEOPLE OF THE CCC testified that she, AAA, and BBB were together on
PHILIPPINES, the day of the alleged incident. However, she swore
Respondent. that she did not see Perez enter her house. She also
did not see anything unusual with AAA that day. She
A.M. No. MTJ-18- claimed that they just slept for five (5) hours the whole
1911 (formerly A.M.
time they were together.31
No. 17-08-98-MTC),
April 16, 2018 -
On March 8, 2010, the Regional Trial Court rendered a
OFFICE OF THE
Judgment,32 finding Perez guilty beyond reasonable
COURT
doubt of violation of Section S(b) of Republic Act No.
ADMINISTRATOR,
7610, in relation to Article 336 of the Revised Penal
Complainant, v.
Code.33 It held that the prosecution was able to
WALTER INOCENCIO
establish the presence of all elements of violation of
V. ARREZA, JUDGE,
Section S(b). Perez likewise failed to provide proof of
MUNICIPAL TRIAL
COURT, PITOGO, his alibi.34 Lastly, it noted that "the location as well as

QUEZON, the presence of other persons [are] not a barometer

Respondent. that a rapist will be deterred in his lustful intentions to

commit the crime of rape if and when his urgings call

G.R. No. 218703, for it."35

April 23, 2018 -
PEOPLE OF THE The dispositive portion of the trial court Judgment
PHILIPPINES, provided:
Plaintiff-Appellee, v.
WHEREFORE, judgment is hereby rendered
ANTONIO LLAMERA Y
finding accused Pedro Perez GUILTY
ATIENZA, Accused-
beyond reasonable doubt of Violation of
Appellant.
R.A. 7610, otherwise known as the "Special
Protection of Children Against Child Abuse,
G.R. No. 230751,
Exploitation and Discrimination Act in
April 25, 2018 -
relation to Article 336 of the Revised Penal
ESTRELLITA TADEO-
Code, as amended, and is sentenced to
MATIAS, Petitioner, v.
suffer an indeterminate penalty of EIGHT
REPUBLIC OF THE
(8) YEARS and ONE (1) DAY OF PRISION
PHILIPPINES, MAYOR IN ITS MEDIUM PERIOD AS
Respondent. MINIMUM TO FOURTEEN (14) YEARS
and EIGHT (8) MONTHS OF RECLUSION
G.R. No. 212866, TEMPORAL IN ITS MINIMUM PERIOD AS
April 23, 2018 - MAXIMUM.
SPOUSES
FREDESWINDA Accused Pedro Perez is likewise ordered to
DRILON YBIOSA AND pay FIFTY THOUSAND PESOS (P50,000.00)
ALFREDO YBIOSA, as moral damages and TWENTY[​]FIVE
Petitioners, v. THOUSAND PESOS (P25,000.00) as
INOCENCIO DRILON, exemplary damages plus costs of suit.
Respondent.

SO ORDERED.36 (Emphasis in the original)

G.R. No. 215387,
April 23, 2018 - Perez filed an appeal37 before the Court of Appeals.38

NORTHERN
MINDANAO On September 30, 2011, the Court of Appeals

INDUSTRIAL PORT promulgated a Decision,39 dismissing the appeal and

AND SERVICES affirming the trial court's Judgment.40 The dispositive
CORPORATION, portion of this Decision provided:
Petitioner, v. ILIGAN
CEMENT WHEREFORE, premises considered, the

CORPORATION, instant appeal is hereby DISMISSED.

Respondent. Accordingly, the assailed Judgment of the

Regional Trial Court of Quezon City (RTC),

G.R. No. 221029, Branch 94, dated March 8, 2010 is

April 24, 2018 - AFFIRMED in toto.

REPUBLIC OF THE
PHILIPPINES, SO ORDERED.41 (Emphasis in the original)
Petitioner, v.
Perez moved for reconsideration,42 which was denied
MARELYN TANEDO
by the Court of Appeals in its April 10, 2012
MANALO,
Respondent. Resolution.43

G.R. No. 218255, On May 30, 2012, Perez filed a Petition for Review44
April 11, 2018 - before this Court. Respondent People of the Philippines,
PEOPLE OF THE through the Office of the Solicitor General, filed its
PHILIPPINES, Comment45 on September 6, 2013. Meanwhile,
Plaintiff-Appellee, v. petitioner filed a Manifestation and Motion (In Lieu of
JERRY BUGNA Y
Reply)46 on September 30, 2013.
BRITANICO, Accused-
Appellants.
On April 7, 2014, this Court issued a Resolution47
giving due course to the petition. The parties
G.R. No. 203435,
subsequently submitted their respective Memoranda.48
April 11, 2018 -
PEOPLE OF THE
In his pleadings, petitioner asserts that the situation
PHILIPPINES,
created by AAA is improbable and not in line with
Plaintiff-Appellee, v.
common human experience, given her tight​ fitting
MARDY AQUINO,
clothes at the time of the incident. Although not
MARIO AQUINO,
impenetrable, her attire was restricting and the time
RECTO AQUINO,
needed to consummate the alleged act was enough for
INYONG NARVANTE,
her to ask for help from her companions. AAA likewise
ROMY FERNANDEZ,
fails to mention how petitioner subdued her in spite of
FELIX SAPLAN,
her resistance. Petitioner stresses that the alleged
BONIFACIO CAGUIOA
crime occurred in close proximity of other persons. It is
AND JUANITO
then impossible that nobody noticed what was
AQUINO, Accused.;
MARDY MARIO happening.49

AQUINO, Accused-
Appellants. Petitioner points out that the medico-legal officer
testified that there was a possibility that the injuries

G.R. No. 219957, sustained by AAA were inflicted with her consent in a

April 04, 2018 - sexual relationship.50 In addition to his denial of any

PEOPLE OF THE romantic relationship with AAA,51 he claims that "the
PHILIPPINES, medico-legal report did not conclusively prove that [he]
Plaintiff-Appellee, v. was responsible for [AAA's] vaginal laceration."52
ELEUTERIO URMAZA
Y TORRES, Accused- Finally, petitioner contends that assuming a crime was
Appellants. committed, it should only be acts of lasciviousness
under Article 336 of the Revised Penal Code since the
G.R. No. 213225, prosecution failed to prove beyond reasonable doubt
April 04, 2018 -
the presence of the elements of child abuse.53
PEOPLE OF THE Petitioner explains:
PHILIPPINES,
[B]efore an accused may be convicted of
Plaintiff-Appellee, v.
child abuse through lascivious conduct
RENANTE COMPRADO
involving a minor below twelve (12) years
FBRONOLA, Accused-
of age, the requisites for acts of
Appellant.
lasciviousness under Article 336 of the
Revised Penal Code must be met IN
G.R. No. 210446,
ADDITION to the requisites for sexual
April 18, 2018 -
abuse under Section 5 of R.A. No. 7610.
ANGELICA G. CRUZ,
The elements of the offense
ANNA MARIE KUDO,
aforementioned, are as follows:
ALBERT G. CRUZ AND
ARTURO G. CRUZ,
"1. The accused commits
Petitioners, v.
the acts of sexual
MARYLOU TOLENTINO
intercourse or lascivious
AND THE OFFICE OF
conduct.
THE REGISTER OF
DEEDS OF
2. The said act is
MANDALUYONG CITY,
performed with a child
Respondents.
exploited in
prostitution or
G.R. No. 200075,
subjected to other
April 04, 2018 -
sexual abuse.
SALIC MAPANDI Y
DIMAAMPAO,
Petitioner, v. PEOPLE 3. The child, whether male
OF THE PHILIPPINES, or female, is below 18
Respondent. years of age."54
(Emphasis in the
G.R. No. 216714, original, citations
April 04, 2018 - omitted)
SPOUSES GODFREY
AND MA. TERESA
Petitioner claims that the prosecution failed to allege
TEVES, Petitioners, v.
the second element either in the Complaint or in the
INTEGRATED CREDIT
Information. According to petitioner, the prosecution
& CORPORATE
must also prove that AAA was "exploited in prostitution
SERVICES, CO. (NOW or subjected to other sexual abuse" aside from being
CAROL AQUI), subjected to acts of lasciviousness since these are
Respondent. separate and distinct elements.55

G.R. No. 217805, On the other hand, respondent avers that petitioner
April 02, 2018 - tried to challenge the credibility of the prosecution's
PEOPLE OF THE witnesses when he raised the matter of the attire worn
PHILIPPINES, by AAA and when he questioned her reaction during
Plaintiff-Appellee, v. the incident. However, respondent pointed out that the
ALSARIF BINTAIB Y trial court already found its witnesses credible. Hence,
FLORENCIO A.K.A. the trial court's findings should be given great weight
"LENG," Accused- considering that it did not commit any misappreciation
Appellant.
of facts.56

G.R. No. 189590,

Respondent maintains that AAA's garment, no matter
April 23, 2018 -
how tight-fitting as petitioner claims, is not unpiercable
REPUBLIC OF THE
and petitioner could have easily slid his hand inside it.
PHILIPPINES,
AAA's inaction is also understandable since she was
Petitioner, v. HON.
only 12 years old when the incident happened and fear
SANDIGANBAYAN,
already overcame her when petitioner threatened her
ROMEO G.
not to speak or shout.57
PANGANIBAN, FE L.
PANGANIBAN,
In addition, the medico-legal report verifies AAA's claim
GERALDINE L.
that she was sexually assaulted. This report and Dr.
PANGANIBAN, ELSA
Tan's testimony corroborate AAA's allegation that it was
P. DE LUNA AND
petitioner who committed the crime.58
PURITA P.
SARMIENTO,
Respondent also counters that petitioner failed to
Respondents.
timely question the nature of his indictment since he
only raised it for the first time on appeal. Moreover, the
G.R. No. 219240,
allegations contained in the Information sufficiently
April 04, 2018 -
support a conviction for Child Abuse under Section 5(b)
PEOPLE OF THE
of Republic Act No. 7610 in relation to Article 336 of
PHILIPPINES,
Plaintiff-Appellee, v. the Revised Penal Code.59

BRYAN GANABA Y
NAM-AY, Accused- There are two (2) issues for this Court's resolution:
Appellant.
First, whether the evidence sufficiently establishes
G.R. No. 211273, AAA's narrative; and
April 18, 2018 -
RAYMOND A. SON, Second, whether all the elements charged m the
RAYMOND S. Information are sufficiently proven beyond reasonable
ANTIOLA, AND doubt.
WILFREDO E.
POLLARCO, I
Petitioners, v.
UNIVERSITY OF Petitioner advances the seeming impossibility of AAA's
SANTO TOMAS, FR. allegation of child abuse considering AAA's outfit that
ROLANDO DELA day, her inaction during and after the commission of
ROSA, DR. CLARITA the alleged act, and the presence of other persons in
CARILLO, DR. the house where it happened.
CYNTHIA LOZA, FR.
EDGARDO ALAURIN, Petitioner's contention has no merit.
AND THE COLLEGE
OF FINE ARTS AND This Court cannot accept this reasoning of petitioner.
DESIGN FACULTY As correctly found by the Court of Appeals:
COUNCIL,
This type of reasoning borders on the
Respondents.
preposterous in that the accused literally
made it sound like the victim's cycling
G.R. Nos. 192595-
shorts were made of impenetrable steel like
96, April 11, 2018 -
a chastity belt. That, or he is trying to
NATIONAL
portray himself as a hapless human being
ELECTRIFICATION
with wispy cotton for arms such that the act
ADMINISTRATION
of lifting a child's blouse or adjusting her
(NEA), Petitioner, v.
undergarment's waistband (to
MAGUINDANAO
accommodate his hand) pose a serious
ELECTRIC
physical challenge that a man of his age
COOPERATIVE, INC.,
and built cannot hope to accomplish. This,
REPRESENTED BY
at all, does not run afoul with hurr1an
MAGUINDANAO
experience as the accused so conveniently
ELECTRIC
puts it. On the contrary, this particular act
COOPERATIVE-PALMA of indecency is easily attainable given the
AREA (MAGELCO- disparity in his strength and that of the
PALMA), child's, the unique access by which the
REPRESENTED BY accused succeeded in his dastardly act and,
ATTY. LITTIE SARAH for good measure, the customary
A. AGDEPPA, ascendancy that adults have over children.
ANTONIO U. ACUB,
EDGAR L. LA VEGA, As so clearly described by the victim, the
RET. JUDGE TERESITA manner by which the accused committed
CARREON LLABAN, lasciviousness against her is not far
EMILY LLABAN, removed from the [other victims of acts of
ARMANDO C. lasciviousness] before her. She stated that
LLABAN, AUDIE D. the accused sneaked in after her when she
MACASARTE, walked toward the kitchen to fetch herself a
WILFREDO Q. glass of water. There, hidden from everyone
LLABAN, EVANGELINE else (the living room and the kitchen [were]
A. VARILLA, separated by a room), the accused took
CORAZON TUMANG, advantage of the situation by inserting his
AND PRESCILLA fingers from behind her and fumbled her
LANO, Respondents.; breast that visibly resulted in a bruise.
G.R. Nos. 192676-77, Young as she is, she struggled as best as
April 11, 2018 - she could to remove herself from his grip
COTABATO ELECTRIC but the accused warned her not to scream
COOPERATIVE, INC. or shout for help. For a child of tenders (sic)
(COTELCO), age, such a stern warning from a fully
REPRESENTED BY grown man was enough to kill off whatever
ALEJANDRO Q. courage she might have had to scream for
COLLADOS AS the others for assistance.60
GENERAL MANAGER,
Petitioner, v. In Awas v. People,61 the 10-year-old victim likewise

MAGUINDANAO failed to shout for help when the accused touched her

ELECTRIC vagina.62 This Court held that "[t]here is no standard

COOPERATIVE-PALMA behavior for a victim of a crime against chastity."63
AREA (MAGELCO- Moreover, "[b]ehavioral psychology teaches that people
PALMA),
react to similar situations dissimilarly."64
REPRESENTED BY
ATTY. LITTIE SARAH In People v. Lomaque,65 the accused sexually abused
A. AGDEPPA, the victim since she was eight (8) years old until she
ANTONIO U. ACUB,
was 14 years old.66 The accused inserted either his
EDGAR L. LA VEGA,
penis or his finger in the victim's vagina in more than
RET. JUDGE TERESITA
10 instances.67 The victim also failed to cry for help.68
CARREON LLABAN
This Court held:
EVANGELINE A.
VARILLA, AND Neither the failure of "AAA" to struggle nor
CORAZON TUMANG; at least offer resistance during the rape
AND MAGUINDANAO incidents would tarnish her credibility.
ELECTRIC "Physical resistance need not be established
COOPERATIVE, INC., when intimidation is brought to bear on the
REPRESENTED BY ITS victim and the latter submits herself out of
PRESIDENT, DATU fear. As has been held, the failure to shout
TUMAGANTANG or offer tenuous resistance does not make
ZAINAL, voluntary the victim's submission to the
Respondents. criminal acts of the accused." Rape is
subjective and not everyone responds in the
G.R. No. 232892, same way to an attack by a sexual fiend.
April 04, 2018 - Although an older person may have shouted
ALFREDO MALLARI for help under similar circumstances, a
MAGAT, Petitioner, v. young victim such as "AAA" is easily
INTERORIENT overcome by fear and may not be able to
MARITIME cry for help.
ENTERPRISES, INC.,
INTERORIENT We have consistently ruled that "no
MARITIME standard form of behavior can be
ENTERPRISE LIBERIA anticipated of a rape victim following her
FOR DROMON E.N.E. defilement, particularly a child who could
AND JASMIN P. not be expected to fully comprehend the
ARBOLEDA, ways of an adult. People react differently to
Respondent. emotional stress and rape victims are no

different from them."69 (Citations omitted)

G.R. No. 208284,
April 23, 2018 - THE People v. Barcela70 further elucidated the reaction of a
IGLESIA DE minor when something extremely and unexpectedly
JESUCRISTO dreadful happens to him or her:
JERUSALEM NUEVA
Behavioral psychology teaches us that, even
OF MANILA,
among adults, people react to similar
PHILIPPINES, INC.,
situations differently, and there is no
REPRESENTED BY ITS
standard form of human behavioral
PRESIDENT,
response when one is confronted with a
FRANCISCO GALVEZ,
startling or frightful experience. Let it be
Petitioner, v. LOIDA
underscored that these cases involve
DELA CRUZ USING
victims of tender years, and with their
THE NAME CHURCH
simple, unsophisticated minds, they must
OF JESUS CHRIST,
not have fully understood and realized at
"NEW JERUSALEM"
first the repercussions of the contemptible
AND ALL PERSONS
nature of the acts committed against them.
CLAIMING RIGHTS
This Court has repeatedly stated that no
UNDER HER,
standard form of behavior could be
Respondents.
anticipated of a rape victim following her
defilement, particularly a child who could
G.R. No. 223321,
not be expected to fully comprehend the
April 02, 2018 -
ways of an adult.71 (Citations omitted)
ROGELIO M.
FLORETE, SR., THE It is also not impossible for petitioner to commit the
ESTATE OF THE LATE crime even if there were other people nearby. In
TERESITA F. Barcela, the accused was able to insert his finger inside
MENCHAVEZ, the vagina of his 14-year-old stepdaughter while the
REPRESENTED BY victim's mother and her other sister were sleeping in
MARY ANN THERESE
the same room.72 In People v. Divinagracia, Sr.,73 the
F. MENCHAVEZ,
accused inserted his finger in the vagina of his eight
ROSIE JILL F.
(8)-year-old daughter and raped her afterwards while
MENCHAVEZ, MA.
his nine (9)​year-old daughter was lying beside her.74
ROSARIO F.
MENCHAVEZ, In People v. Gaduyon,75 the accused inserted his finger

CRISTINE JOY F. into the vagina of his 12-year-old daughter who was

MENCHAVEZ, AND then sleeping on the upper portion of a double-deck

EPHRAIM bed while his other daughter was on the lower

MENCHAVEZ, AND portion.76

DIANE GRACE F.
MENCHAVEZ, This Court cannot emphasize enough that "lust is no
Petitioners, v. respecter of time and place."77 Thus, "rape can be
MARCELINO M. committed even in places where people congregate, in
FLORETE, JR. AND parks, along the roadside, within school premises and
MA. ELENA F. MUYCO, even inside a house where there are other occupants or
Respondents where other members of the family are also

sleeping."78
G.R. No. 233325,
April 16, 2018 -
Furthermore, the victim in this case was able to
PEOPLE OF THE
positively identify her assailant. She made a clear and
PHILIPPINES,
categorical statement that petitioner was the person
Plaintiff-Appellee, v.
who committed the crime against her. Aside from
PASTORLITO V. DELA
petitioner's denial, he failed to present his aunt as a
VICTORIA, Accused-
witness or other documentary evidence to corroborate
Appellant.
his alibi that he went to a school on the day of the
incident. In light of AAA's positive declaration,
G.R. No. 218584,
petitioner's unsubstantiated defense must fail following
April 25, 2018 -
the doctrine that "positive identification prevails over
PEOPLE OF THE
denial and alibi."79
PHILIPPINES,
Plaintiff-Appellee, v.
In People v. Amarela,80 this Court had occasion to
DENNIS MANALIGOD
correct a generalization of all women, which amounted
Y SANTOS, Accused-
to a stereotype, thus:
Appellant.

More often than not, where the alleged

G.R. No. 234048, victim survives to tell her story of sexual
April 23, 2018 - depredation, rape cases are solely decided
PEOPLE OF THE based on the credibility of the testimony of
PHILIPPINES, the private complainant. In doing so, we
Plaintiff-Appellee, v. have hinged on the impression that no
MALOU ALVARADO Y young Filipina of decent repute would
FLORES, ALVIN publicly admit that she has been sexually
ALVAREZ Y abused, unless that is the truth, for it is her
LONQUIAS AND natural instinct to protect her honor.
RAMIL DAL Y However, this misconception, particularly in
MOLIANEDA, this day and age, not only puts the accused
Accused-Appellants. at an unfair disadvantage, but creates a
travesty of justice.
G.R. No. 219113,
April 25, 2018 - The "women's honor" doctrine surfaced in
PEOPLE OF THE our jurisprudence sometime in 1960. In the
PHILIPPINES, case of People v. Taño, the Court affirmed
Plaintiff-Appellee, v. the conviction of three (3) armed robbers
ROLAND MIRAÑA Y who took turns raping a person named
ALCARAZ, Accused- Herminigilda Domingo. The Court, speaking
Appellant. through Justice Alejo Labrador, said:

It is a well-known fact that

G.R. No. 202217,
women, especially Filipinos,
April 25, 2018 -
would not admit that they have
PABLO C. HIDALGO,
been abused unless that abuse
Petitioner, v. SONIA
had actually happened. This is
VELASCO,
due to their natural instinct to
Respondent.
protect their honor. We cannot
believe that the offended party
G.R. No. 199161,
would have positively stated that
April 18, 2018 -
intercourse took place unless it
PHILIPPINE
did actually take place.
NATIONAL BANK,
Petitioner, v. JAMES T. This opinion borders on the fallacy of non
CUA, Respondent. sequitor. And while the factual setting back
then would have been appropriate to say it
G.R. No. 197645, is natural for a woman to be reluctant in
April 18, 2018 - disclosing a sexual assault[,] today, we
CARLOS JAY simply cannot be stuck to the Maria Clara
ADLAWAN, Petitioner, stereotype of a demure and reserved
v. PEOPLE OF THE Filipino woman. We, should stay away from
PHILIPPINES, such mindset and accept the realities of a
Respondent. woman's dynamic role in society today; she
who has over the years transformed into a
G.R. No. 231053, strong and confidently intelligent and
April 04, 2018 - beautiful person, willing to fight for her
DESIDERIO DALISAY rights.81 (Emphasis in the original, citations
INVESTMENTS, INC., omitted)
Petitioner, v. SOCIAL
This Court then found the alleged victim's statement as
SECURITY SYSTEM,
less credible than the inferences from the other
Respondent.
established evidence and proceeded to acquit the
accused.
G.R. No. 192797,
April 18, 2018 -
This Court in Amarela, however, did not go as far as
EXCELLENT
denying the existence of patriarchal dominance in
ESSENTIALS
many social relationships. Courts must continue to be
INTERNATIONAL
sensitive to the power relations that come clothed in
CORPORATION,
gender roles. In many instances, it does take courage
Petitioner, v. EXTRA
for girls or women to come forward and testify against
EXCEL
the boys or men in their lives who, perhaps due to
INTERNATIONAL
cultural roles, dominate them. Courts must continue to
PHILIPPINES, INC.,
acknowledge that the dastardly illicit and lustful acts of
Respondent.
men are often veiled in either the power of coercive
threat or the inconvenience inherent in patriarchy as a
G.R. No. 218108,
culture.
April 11, 2018 -
PEOPLE OF THE
Even if it were true that AAA was infatuated with the
PHILIPPINES,
accused, it did not justify the indignity done to her. At
Plaintiff-Appellee, v.
the tender age of 12, adolescents will nonnally be
RODOLFO
misled by their hormones and mistake regard or
ADVINCULA Y
adoration for love. The aggressive expression of
MONDANO, Accused-
infatuation from a 12-year-old girl is never an invitation
Appellant.
for sexual indignities. Certainly, it does not deserve the
accused's mashing of her breasts or the insertion of his
G.R. No. 195814,
finger into her vagina.
April 04, 2018 -
EVERSLEY CHILDS
Consistent with our pronouncement in Amarela, AAA
SANITARIUM,
was no Maria Clara. Not being the fictitious and
REPRESENTED BY DR.
generalized demure girl, it does not make her
GERARDO M.
testimony less credible especially when supported by
AQUINO, JR. (NOW
the other pieces of evidence presented in this case.
DR. PRIMO JOEL S.
ALVEZ) CHIEF OF
II
SANITARIUM,
Petitioner, v. Petitioner asserts that even assuming that he is liable,
SPOUSES ANASTACIO he is only liable for acts of lasciviousness since the
AND PERLA prosecution failed to prove all elements of child abuse
BARBARONA, under Section S(b) of Republic Act No. 7610.
Respondents.
Petitioner is mistaken.
G.R. No. 212785,
April 04, 2018 - Article III, Section S(b) of Republic Act No. 7610
REPUBLIC OF THE provides:
PHILIPPINES,
ARTICLE III
Petitioner, v. GO PEI
CHILD PROSTITUTION AND OTHER
HUNG, Respondent.
SEXUAL ABUSE

G.R. No. 199513,

Section 5. Child Prostitution and Other
April 18, 2018 -
Sexual Abuse. - Children, whether male or
TERESA GUTIERREZ
female, who for money, profit, or any other
YAMAUCHI, Petitioner,
consideration or due to the coercion or
v. ROMEO F. SUÑIGA,
influence of any adult, syndicate or group,
Respondent.
indulge in sexual intercourse or lascivious
conduct, are deemed to be children
G.R. No. 226727,
exploited in prostitution and other sexual
April 25, 2018 -
abuse.
UNIVERSITY OF THE
EAST AND DR. ESTER
The penalty of reclusion temporal in its
GARCIA, Petitioners,
medium period to reclusion perpetua shall
v. VERONICA M.
be imposed upon the following:
MASANGKAY AND
GERTRUDO R.
....
REGONDOLA,
Respondents.
(b) Those who commit the act of sexual
intercourse or lascivious conduct with a
G.R. No. 209031,
child exploited in prostitution or subjected
April 16, 2018 -
to other sexual abuse; Provided, That when
ABIGAEL AN ESPINA-
the victim is under twelve (12) years of
DAN, Petitioner, v.
age, the perpetrators shall be prosecuted
MARCO DAN, under Article 335, paragraph 3, for rape and
Respondent. Article 336 of Act No. 3815, as amended,
the Revised Penal Code, for rape or
G.R. No. 214367, lascivious conduct, as the case may be:
April 04, 2018 - Provided, That the penalty for lascivious
REPUBLIC OF THE conduct when the victim is under twelve
PHILIPPINES, (12) years of age shall be reclusion
Petitioner, v. temporal in its medium period[.] (Emphasis
LAUREANA MALIJAN- supplied)
JAVIER AND IDEN
Under Section 5(b), the elements of sexual abuse are:
MALIJAN-JAVIER,
Respondents. (1) The accused commits the act of sexual
intercourse or lascivious conduct[;]
G.R. No. 220146,
April 18, 2018 - (2) The said act is performed with a child
PEOPLE OF THE exploited in prostitution or subjected to
PHILIPPINES, other sexual abuse[; and]
Plaintiff-Appellee, v.
GLEN ABINA Y (3) The child, whether male or female, is
LATORRE AND JESUS below 18 years of age.82
LATORRE Y DERAYA,
Accused-Appellants. The presence of the first and third elements is already
established. Petitioner admits in the pre-trial that AAA

G.R. No. 202784, was only 12 years old at the commission of the crime.

April 18, 2018 - He also concedes that if ever he is liable, he is liable

JONNEL D. only for acts of lasciviousness. However, petitioner

ESPALDON, Petitioner, claims that the second element is wanting. For

v. RICHARD E. BUBAN petitioner, the prosecution must show that AAA was

IN HIS CAPACITY AS "exploited in prostitution or subjected to other sexual

GRAFT abuse."

INVESTIGATION AND
PROSECUTION A thorough review of the records reveals that the

OFFICER II, MEDWIN second element is present in this case.

S. DIZON IN HIS
CAPACITY AS This Court in People v. Villacampa83 explained:
DIRECTOR, PIAB-A,
[T]he second element is that the act is
ALEU A. AMANTE IN performed with a child exploited in
HIS CAPACITY AS prostitution or subjected to other sexual
ASSISTANT abuse. To meet this element, the child
OMBUDSMAN, PAMO victim must either be exploited in
I, AND CONCHITA prostitution or subjected to other sexual
CARPIO​ MORALES IN abuse. In Quimvel v. People, the Court held
HER CAPACITY AS that the fact that a child is under the
OMBUDSMAN OF THE coercion and influence of an adult is
REPUBLIC OF THE sufficient to satisfy this second element and
PHILIPPINES, PETER will classify the child victim as one
L. CALIMAG, subjected to other sexual abuse. The Court
ASSISTANT held:
SECRETARY,
To the mind of the Court, the
REVENUE AFFAIRS
allegations are sufficient to
AND LEGAL AFFAIRS
classify the victim as one
GROUP, DEPARTMENT
"exploited in prostitution or
OF FINANCE, RENATO
subject to other sexual abuse."
M. GARBO III, MA.
This is anchored on the very
LETICIA
definition of the phrase in Sec. 5
MALMALATEO,
of RA 7610, which encompasses
MARLON K. TAULI,
children who indulge in sexual
FRAYN M. BANAWA,
intercourse or lascivious conduct
AND JOHNNY
(a) for money, profit, or any
CAGUIAT, ALL NBI
other consideration; or (b) under
AGENTS, NATIONAL
the coercion or influence of any
BUREAU OF
adult, syndicate or group.
INVESTIGATION,
ROGELIO M.
Correlatively, Sec. S(a) of RA
SABADO, AND
7610 punishes acts pertaining to
PRUDENCIO S. DAR,
or connected with child
JR., RAILWAY POLICE,
prostitution wherein the child is
PHILIPPINE
abused primarily for profit. On
NATIONAL RAILWAYS,
the other hand, paragraph (b)
ANTONIO MARIANO
punishes sexual intercourse or
ALMEDA, IRENEO C.
lascivious conduct committed on
QUIZON, ARIEL
a child subjected to other sexual
SARMIENTO, abuse. It covers not only a
DOMINGO situation where a child is abused
BEGUERAS, JOHN for profit but also one in which a
DOES/JANE DOES, child, through coercior.,
NBI AND/OR PNR, intimidation or influence,
Respondents. engages in sexual intercourse or
lascivious conduct. Hence, the
G.R. No. 216065, law punishes not only child
April 18, 2018 - prostitution but also other forms
PEOPLE OF THE of sexual abuse against
PHILIPPINES, children....84 (Emphasis
Plaintiff-Appellee, v. supplied, citations omitted)
REYNANTE
MANZANERO Y In Ricalde v. People,85 this Court clarified:

HABANA A.K.A.
The first paragraph of Article III, Section 5
"NANTE," MARIO
of Republic Act No. 7610 clearly provides
TANYAG Y
that "children ... who ... due to the coercion
MARASIGAN A.K.A.
... of any adult ... indulge in sexual
"TAGA," ANGELITO
intercourse ... are deemed to be children
EVANGELISTA Y
exploited in prostitution and other sexual
AVELINO A.K.A.
abuse." The label "children exploited in ...
"LITO," ARTHUR
other sexual abuse" inheres in a child who
FAJARDO Y
has been the subject of coercion and sexual
MAMALAYAN, MARIO
intercourse.
EVANGELISTA A.K.A.
"TIKYO," PATRICK
Thus, paragraph (b) refers to a specification
ALEMANIA A.K.A.
only as to who is liable and the penalty to
"BOBBY PATRICK,"
be imposed. The person who engages in
TOYING PENALES
sexual intercourse with a child already
A.K.A. "TOYING,"
coerced is liable.86 (Underscoring in the
A.K.A. "REY," AND
original)
A.K.A. "MARLON,"
ACCUSED, ARTHUR By analogy with the ruling in Ricalde, children who are
FAJARDO Y likewise coerced in lascivious conduct are "deemed to
MAMALAYAN, be children exploited in prostitution and other sexual
Accused-Appellant. abuse." When petitioner inserted his finger into the
 vagina of AAA, a minor, with the use of threat and
A.C. No. 11821 coercion, he is already liable for sexual abuse.
(formerly CBD Case
No. 15-4477), April III
02, 2018 - DARIO
TANGCAY, This Court affirms the finding of guilt beyond
Complainant, v. reasonable doubt of petitioner for the charge of child
HONESTO ANCHETA abuse under Section 5(b) of Republic Act No. 7610.
CABARROGUIS, However, this Court modifies the penalty imposed by
Respondent. the trial court, as affirmed by the Court of Appeals.

G.R. No. 193572, Under Section 5(b), "the penalty for lascivious conduct
April 04, 2018 - when the victim is under twelve (12) years of age shall
TSUNEISHI HEAVY be reclusion temporal in its medium period." Reclusion
INDUSTRIES (CEBU), temporal in its medium period is fourteen (14) years,
INC., Petitioner, v. eight (8) months, and one (1) day to seventeen (17)
MIS MARITIME years and four (4) months.
CORPORATION,
Respondent. In People v. Pusing,87 this Court imposed the
indeterminate penalty of fourteen (14) years, eight (8)
G.R. No. 199353, months, and one (1) day of reclusion temporal as
April 04, 2018 - minimum, to seventeen (17) years and four (4) months
LEVISTE of reclusion temporal as maximum for the criminal case
MANAGEMENT
of child abuse.88 This Court also awarded P50,000.00
SYSTEM, INC.,
as civil indemnity, P50,000.00 as moral damages, and
Petitioner, v. LEGASPI
P30,000.00 as exemplary damages.89 Additionally,
TOWERS 200, INC.,
"interest at the legal rate of 6% per annum [was
AND VIVIAN Y.
imposed on all damages awarded] from the date of
LOCSIN AND PITONG
finality of [the] judgment until fully paid."90
MARCORDE,
RESPONDENTS.
WHEREFORE, this Court ADOPTS the findings of fact
ENGR. NELSON Q.
and conclusions of law of the Court of Appeals
IRASGA, IN HIS
September 30, 2011 Decision in CA-G.R. CR No.
CAPACITY AS
33290, with MODIFICATION as follows:
MUNICIPAL BUILDING
OFFICIAL OF MAKATI, WHEREFORE, judgment is hereby rendered
METRO MANILA AND finding accused Pedro Perez GUILTY
HON. JOSE P. DE beyond reasonable doubt of violation of R.A.
JESUS, IN HIS 7610, otherwise known as the "Special
CAPACITY AS Protection of Children Against Child Abuse,
SECRETARY OF THE Exploitation and Discrimination Act in
DEPT. OF PUBLIC relation to Article 336 of the Revised Penal
WORKS AND Code, as amended, and is sentenced to
HIGHWAYS, THIRD suffer an indeterminate penalty of
PARTY, Respondents.; FOURTEEN (14) YEARS, EIGHT (8)
G.R. NO. 199389, MONTHS, and ONE (1) DAY OF
April 04, 2018 - RECLUSION TEMPORAL AS MINIMUM
LEGASPI TOWERS TO SEVENTEEN (17) YEARS and FOUR
200, INC., Petitioner, (4) MONTHS OF RECLUSION TEMPORAL
v. LEVISTE AS MAXIMUM.
MANAGEMENT
SYSTEM, INC., ENGR. Accused Pedro Perez is likewise ordered to
NELSON Q. IRASGA, pay FIFTY THOUSAND PESOS
IN HIS CAPACITY AS (P50,000.00) as civil indemnity, FIFTY
MUNICIPAL BLDG. THOUSAND PESOS (P50,000.00) as
OFFICIAL OF MAKATI, moral damages, and THIRTY
METRO MANILA, AND THOUSAND PESOS (P30,000.00) as
HON. JOSE P. DE exemplary damages plus costs of suit.
JESUS, IN HIS
CAPACITY AS All awards for damages shall earn
SECRETARY OF THE interest at the legal rate of six percent
DEPARTMENT OF (6%) per annum from the date of
PUBLIC WORKS AND finality of this judgment until fully paid.
HIGHWAYS,
Respondents. SO ORDERED.

SO ORDERED.
G.R. No. 185530,
April 18, 2018 -
Velasco, Jr., (Chairperson), Bersamin, Martires, and
MAKATI TUSCANY
Gesmundo, JJ., concur.
CONDOMINIUM
CORPORATION,
Petitioner, v. MULTI-
REALTY June 26, 2018
DEVELOPMENT
CORPORATION, NOTICE OF JUDGMENT
Respondent.
Sirs / Mesdames:
G.R. No. 223399,
April 23, 2018 - Please take notice that on April 18, 2018 a Decision,
FATIMA O. DE copy attached hereto, was rendered by the Supreme
GUZMAN-FUERTE, Court in the above-entitled case, the original of which
MARRIED TO was received by this Office on June 26, 2018 at 1:18
MAURICE GEORGE p.m.
FUERTE, Petitioner, v.
SPOUSES SILVINO
Very truly yours,
S.ESTOMO AND
CONCEPCION C.
(SGD)
ESTOMO,
Respondents. WILFREDO V. LAPITAN

G.R. No. 213617, Division Clerk of Court

April 18, 2018 -

ARCH. EUSEBIO B.
BERNAL, DOING Endnotes:

BUSINESS UNDER
THE NAME AND 1Rollo, pp. 9-29.

STYLE
CONTEMPORARY 2 Id. at 85-95. The Decision was penned by

BUILDERS, Petitioner, Associate Justice Stephen C. Cruz and

v. DR. VIVENCIO concurred in by Associate Justices Isaias P.
VILLAFLOR AND DRA. Dicdican and Rodil V. Zalameda of the
GREGORIA Special Sixteenth Division, Court of Appeals,
VILLAFLOR, Manila.
Respondents.

3 Id. at 103-104. The Resolution was

G.R. No. 214803,
penned by Associate Justice Stephen C.
April 23, 2018 -
Cruz and concurred in by Associate Justices
ALONA G. ROLDAN,
Isaias P. Dicdican and Rodil V. Zalameda of
Petitioner, v. the Former Special Sixteenth Division, Court
SPOUSES CLARENCE of Appeals, Manila.
I. BARRIOS AND
ANNA LEE T. 4 Id. at 25.

BARRIOS, ROMMEL
MATORRES, AND 5 Id. at 48-58. The Judgment, docketed as
HON. JEMENA
Criminal Case No. Q-99-84282, was penned
ABELLAR ARBIS, IN
by Presiding Judge Roslyn M. Rabara-Tria of
HER CAPACITY AS
Branch 94, Regional Trial Court, Quezon
PRESIDING JUDGE,
City.
BRANCH 6,
REGIONAL TRIAL 6 Id. at 48 and 85-86.
COURT, AKLAN,
Respondents.
7 Id. at 48.

G.R. No. 228470,

8 Id.
April 23, 2018 -
LOADSTAR
9 Id.
INTERNATIONAL
SHIPPING, INC.,
Petitioner, v. 10 Id.

ERNESTO AWITEN
YAMSON, 11 The fictitious initials "AAA" represent the
SUBSTITUTED BY HIS victim-survivor's real name. In People v.
HEIRS GEORGIA M. Cabalquinto (533 Phil. 703 (2006) [Per J.
YAMSON AND THEIR Tinga, En Banc]), this Court discussed the
CHILDREN, NAMELY: need to withhold the victim's real name and
JENNIE ANN MEDINA other information that would compromise
YAMSON, KIMBERLY the victim's identity, applying the
SHEEN MEDINA confidentiality provisions of: (1) Republic
YAMSON, JOSHUA Act No. 7610 (Special Protection of Children
MEDINA YAMSON Against Child Abuse, Exploitation and
AND ANGEL LOUISE Discrimination Act) and its implementing
MEDINA YAMSON, rules; (2) Republic Act No. 9262 (Anti​-
Respondents. Violence Against Women and their Children
Act of 2004) and its implementing rules;
 G.R. No. 201414, and (3) this Court's October 19, 2004
April 18, 2018 - resolution in A.M. No. 04-10-11-SC (Rule on
PEDRO PEREZ, Violence Against Women and their
Petitioner, v. PEOPLE Children).
OF THE PHILIPPINES,
Respondent. 12Rollo, p. 49 and 87-88.

G.R. No. 198393, 13 Id. at 49.

April 04, 2018 -
REPUBLIC OF THE 14 Id.
PHILIPPINES,
Petitioner, v.
15 Id.
RODOLFO M.
CUENCA, FERDINAND
16 Id.
E. MARCOS, IMELDA
R. MARCOS,
17 Id.
ROBERTO S. CUENCA,
MANUEL I. TINIO,
VICTOR AFRICA, 18 Id. at 49-50 and 87.

MARIO K. ALFELOR,
DON M. FERRY AND 19 Id. at 50 and 87.
OSCAR BELTRAN,
Respondents. 20 Id. at 50 and 88.

G.R. No. 208091,

21 Id. at 50.
April 23, 2018 -
PEOPLE OF THE
22 Id.
PHILIPPINES,
Plaintiff-Appellee, v.
23 Id. at 50 and 87.
BENITO MOLEJON,
Accused-Appellant.
24 Id. at 50.

G.R. No. 211232,

April 11, 2018 - 25 Id. at 50-51 and 86-87.

COCA-COLA
BOTTLERS PHILS., 26 Id. at 54.
INC., Petitioner, v.
SPOUSES EFREN AND 27 Id. at 50-51 and 86.

LOLITA SORIANO,
Respondents. 28 Id.

A.C. No. 9186, April 29 Id. at 51.

11, 2018 - ATTY.
JUAN PAULO
30 Id.
VILLONCO,
Complainant, v. ATTY.
31 Id. at 86-87.
ROMEO G. ROXAS,
Respondent.
32 Id. at 48-58.

G.R. No. 226590,

April 23, 2018 - 33 Id. at 57.

SHIRLEY T. LIM,
MARY T. LIM​LEON 34 Id. at 51-57.
AND JIMMY T. LIM,
Petitioners, v. PEOPLE 35 Id. at 56.
OF THE PHILIPPINES,
Respondent.
36 Id. at 57.

G.R. No. 206529,

37 Id. at 30-47.
April 23, 2018 -
RENANTE B.
38 Id. at 85.
REMOTICADO,
Petitioner, v. TYPICAL
CONSTRUCTION 39 Id. at 85-95.

TRADING CORP. AND

ROMMEL M. ALIGNAY, 40 Id. at 94.

Respondents.

41 Id.
G.R. No. 229047,
April 16, 2018 -
42 Id. at 96-99.
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee, v. 43 Id. at 103-104.

RAMONCITO CORNEL
Y ASUNCION, 44 Id. at 9-29.
Accused-Appellants.

45 Id. at 127-153.
G.R. No. 211187,
April 16, 2018 -
46 Id. at 154-157.
SCANMAR MARITIME
SERVICES, INC. AND
47 Id. at 161.
CROWN
SHIPMANAGEMENT,
48 Id. at 166-192, People of the Philippines'
INC., Petitioners, v.
CELESTINO M. Memorandum filed on July 7, 2014, and
HERNANDEZ, JR., 198-213, Pedro Perez's Memorandum filed
Respondent. on August 4, 2014.

G.R. No. 216922, 49 Id. at 203-205.

April 18, 2018 -

JAYLORD DIMAL AND 50 Id. at 206.
ALLAN CASTILLO,
Petitioners, v. PEOPLE 51 Id. at 86.
OF THE PHILIPPINES,
Respondent.
52 Id. at 206.

G.R. No. 230249,

53 Id. at 206-210.
April 24, 2018 - ATTY.
PABLO B.
54 Id. at 208-210.
FRANCISCO,
Petitioner, v.
COMMISSION ON 55 Id.

ELECTIONS AND
ATTY. JOHNIELLE 56 Id. at 171-180.

KEITH P. NIETO,
Respondents. 57 Id.

G.R. No. 196020,

58 Id. at 180-181.
April 18, 2018 -
MANILA ELECTRIC 59 Id. at 181-188.

COMPANY, VICENTE
MONTERO, MR. 60 Id. at 89-90. There was no finding in the
BONDOC, AND MR.
trial court or in the Court of Appeals as to
BAYONA, Petitioners,
the physical built of the accused in relation
v. NORDEC
to that of the victim's physique.
PHILIPPINES AND/OR
MARVEX INDUSTRIAL 61 G.R. No. 203114, June 28, 2017
CORP. REPRESENTED
<http://sc.judiciary.gov.ph/pdf/web/viewer.html?
BY ITS PRESIDENT,
file=/jurisprudence/2017/june2017/203114.pdf>
DR. POTENCIANO R.
[Per J. Bersamin, Third Division].
MALVAR,
Respondents.; G.R.
62 Id. at 5.
No. 196116, April 18,
2018 - NORDEC
63 Id.
PHILIPPINES
REPRESENTED BY ITS
64 Id.
PRESIDENT, DR.
POTENCIANO R.
MALVAR, Petitioner, v. 65 710 Phil. 338 (2013) [Per J. Del Castillo,

MANILA ELECTRIC Second Division].

COMPANY, VICENTE
MONTERO, MR. 66 Id. at 344-346.
BONDOC, AND MR.
BAYONA, 67 Id.
Respondents.

68 Id. at 351.
G.R. No. 191310,
April 11, 2018 -
69 Id. at 352.
PRINCESS TALENT
CENTER
70 734 Phil. 332 (2014) [Per J. Mendoza,
PRODUCTION, INC.,
AND/OR LUCHI Third Division].
SINGH MOLDES,
Petitioners, v. 71 Id. at 344.
DESIREE T.
MASAGCA, 72 Id. at 338.

Respondent.

73 G.R. No. 207765, July 26, 2017

G.R. No. 232131,
<http://sc.judiciary.gov.ph/pdf/web/viewer.html?
April 24, 2018 - REY
file=/jurisprudence/2017/july2017/207765.pdf>
NATHANIEL C.
[Per J. Leonen, Second Division].
IFURUNG, Petitioner,
v. HON. CONCHITA C. 74 Id. at 3.
CARPIO MORALES IN
HER CAPACITY AS
75 720 Phil. 750 (2013) [Per J. Del Castillo,
THE OMBUDSMAN,
Second Division].
HON. MELCHOR
ARTHUR H.
76 Id. at 758.
CARANDANG, HON.
GERARD ABETO
77People v. Cesista, 435 Phil. 250, 267
MOSQUERA, HON.
PAUL ELMER M. (2002) [Per J. Kapunan, En Banc]. See also
CLEMENTE, HON. People v. Evina, 453 Phil. 25, 41 (2003)
RODOLFO M. ELMAN, [Per J. Callejo, Sr., Second Division], People
HON. CYRIL v. Calamlam, 451 Phil. 283, 296 (2003)
ENGUERRA RAMOS IN [Per J. Carpio Morales, Third Division],
THEIR CAPACITIES People v. Besmonte, 445 Phil. 555, 564
AS DEPUTIES (2003) [Per J. Quisumbing, Second
OMBUDSMAN, AND Division], and People v. Lomaque, 710 Phil.
THE OFFICE OF THE 338, 353 (2013) [Per J. Del Castillo, Second
OMBUDSMAN, Division].
Respondents.
78People v. Evina, 453 Phil. 25, 41 (2003)

G.R. No. 223660, [Per J. Callejo, Sr., Second Division].

April 02, 2018 -
LOURDES 79People v. Lubong, 388 Phil. 474, 491
VALDERAMA, (2000) [Per J. Gonzaga-Reyes, Third
Petitioner, v. SONIA Division].
ARGUELLES AND
LORNA ARGUELLES, 80 G.R. Nos. 225642-43, January 17, 2018
Respondents. <http://sc.judiciary.gov.ph/pdf/web/viewer.html?
file=/jurisprudence/2018/january2018/225642-
G.R. No. 219953, 43.pdf> [Per J. Martires, Third Division].
April 23, 2018 -
PEOPLE OF THE 81 Id. at 7.

PHILIPPINES,
Plaintiff-Appellee, v. 82People v. Villacampa, G.R. No. 216057,
ANGELITA REYES Y
January 8, 2018
GINOVE AND
<http://sc.judiciary.gov.ph/pdf/web/viewer.html?
JOSEPHINE SANTA
file=/jurisprudence/2018/january2018/pdf/web/viewer.htm
MARIA Y SANCHEZ,
file=/jurisprudence/2018/january2018/216057.pdf>
Accused-Appellants.
[Per J. Carpio, Second Division]. See also
People v. Gaduyon, 720 Phil. 750, 768-769
G.R. Nos. 232197-
(2013) [Per J. Del Castillo, Second
98, April 16, 2018 -
Division]; People v. Fragante, 657 Phil. 577,
PEOPLE OF THE
596 (2011) [Per J. Carpio, Second Division];
PHILIPPINES,
Awas v. People, G.R. No. 203114, June 28,
Petitioner, v.
2017
HONORABLE
<http://sc.judiciary.gov.ph/pdf/web/viewer.html?
SANDIGANBAYAN
file=/jurisprudence/2017/june2017/203114.pdf>
(FOURTH DIVISION),
6 [Per J. Bersamin, Third Division].
ALEJANDRO E.
GAMOS, AND 83 G.R. No. 216057, January 8, 2018 [Per J.
ROSALYN G. GILE,
Carpio, Second Division].
Respondents.

84 Id.
G.R. No. 214759,
April 04, 2018 -
85 751 Phil. 793 (2015) [Per J. Leonen,
PEOPLE OF THE
PHILIPPINES, Second Division].

Plaintiff-Appellee, v.
86 Id. at 813-814.
DINA CALATES Y
DELA CRUZ, Accused-
Appellants. 87 789 Phil. 541 (2016) [Per J. Leonen,

Second Division]. See also People v.

G.R. No. 194765, Gaduyon, 720 Phil. 750, 780 (2013) [Per J.
April 23, 2018 - Del Castillo, Second Division], wherein this
MARSMAN & Court initially imposed the penalty of
COMPANY, INC., reclusion temporal for violation of Section 5
Petitioner, v. RODIL of Republic Act No. 7610 but was later
C. STA. RITA, increased to reclusion perpetua due to the
Respondent. aggravating circumstance of relationship.

A.M. No. MTJ-15- 88People v. Pusing, 789 Phil. 541, 563

1860 (Formerly OCA (2016) [Per J. Leonen, Second, Division].
I.P.I. No. 09-2224-
MTJ), April 03, 2018 - 89 Id.
ROSILANDA M.
KEUPPERS, 90 Id. at 562.
Complainant, v.
JUDGE VIRGILIO G.
MURCIA, MUNICIPAL
TRIAL COURT IN
CITIES, BRANCH 2,
Back to Home | Back to Main
ISLAND GARDEN
CITY OF SAMAL,
Respondent.

IPI No. 17-267-CA-

J, April 24, 2018 -
RE: VERIFIED
COMPLAINT OF
FERNANDO CASTILLO
AGAINST ASSOCIATE
JUSTICE MARIFLOR
PUNZALAN-
CASTILLO, COURT OF
APPEALS, MANILA.

G.R. No. 210518,

April 18, 2018 -
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v. MARTIN
NIKOLAI Z. JAVIER
AND MICHELLE K.
MERCADO-JAVIER,
Respondents.

G.R. No. 210580,

April 18, 2018 -
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v.
LUDYSON C.
CATUBAG,
Respondent.

G.R. Nos. 201225-

26 (From CTA-EB
Nos. 649 & 651),
April 18, 2018 - TEAM
SUAL CORPORATION
(FORMERLY MIRANT
SUAL
CORPORATION),
Petitioner, v.
COMMISSIONER OF
INTERNAL REVENUE,
Respondent.; G.R.
No. 201132 (From
CTA-EB No. 651),
April 18, 2018;
COMMISSIONER OF
INTERNAL REVENUE,
Petitioner, v. TEAM
SUAL CORPORATION
(FORMERLY MIRANT
SUAL
CORPORATION),
Respondent.; G.R.
No. 201133 (From
CTA-EB No. 649),
April 18, 2018;
COMMISSIONER OF
INTERNAL REVENUE,
Petitioner, v. TEAM
SUAL CORPORATION
(FORMERLY MIRANT
SUAL
CORPORATION),
Respondent.

G.R. No. 197930,

April 17, 2018 -
EFRAIM C. GENUINO,
ERWIN F. GENUINO
AND SHERYL G. SEE,
Petitioners, v. HON.
LEILA M. DE LIMA, IN
HER CAPACITY AS
SECRETARY OF
JUSTICE, AND
RICARDO V. PARAS
III, IN HIS CAPACITY
AS CHIEF STATE
COUNSEL, CRISTINO
L. NAGUIAT, JR. AND
THE BUREAU OF
IMMIGRATION,
Respondents.; G.R.
No. 199034, April 17,
2018 - MA. GLORIA
MACAPAGAL-ARROYO,
Petitioner, v. HON.
LEILA M. DE LIMA, AS
SECRETARY OF THE
DEPARTMENT OF
JUSTICE AND
RICARDO A. DAVID,
JR., AS
COMMISSIONER OF
THE BUREAU OF
IMMIGRATION,
Respondents.; G.R.
No. 199046, April 17,
2018 - JOSE MIGUEL
T. ARROYO, Petitioner,
v. HON. LEILA M. DE
LIMA, AS SECRETARY
OF THE DEPARTMENT
OF JUSTICE AND
RICARDO V. PARAS
III, AS CHIEF STATE
COUNSEL,
DEPARTMENT OF
JUSTICE AND
RICARDO A. DAVID,
JR., IN HIS CAPACITY
AS COMMISSIONER,
BUREAU OF
IMMIGRATION,
Respondents.

G.R. No. 210475,

April 11, 2018 -
RAMON K. ILUSORIO,
MA. LOURDES C.
CRISTOBAL, ROMEO
G. RODRIGUEZ,
EDUARDO C. ROJAS,
CESAR B. CRISOL,
VIOLETA J. JOSEF,
ERLINDA K.
ILUSORIO, SHEREEN
K. ILUSORIO, AND
CECILIA A. BISUÑA,
Petitioners, v. SYLVIA
K. ILUSORIO,
Respondent.

G.R. No. 232247,

April 23, 2018 -
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee, v.
RONILLO LOPEZ, JR.
Y MANTALABA @
"DODONG", Accused-
Appellant.

G.R. No. 226481,

April 18, 2018 -
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee, v.
JAYCENT MOLA Y
SELBOSA A.K.A.
"OTOK", Accused-
Appellant.

G.R. No. 222861,

April 23, 2018 - PO2
JESSIE FLORES Y DE
LEON, Petitioner, v.
PEOPLE OF THE
PHILIPPINES,
Respondent.

G.R. No. 214886,

April 04, 2018 -
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee, v.
BERNIE
CONCEPCION,
Accused-Appellant.

G.R. No. 195320,

April 23, 2018 -
BUREAU OF
INTERNAL REVENUE,
REPRESENTED BY
THE COMMISSIONER
OF INTERNAL
REVENUE, Petitioner,
v. HON. ERNESTO D.
ACOSTA, ET AL. OF
THE SPECIAL FIRST
DIVISION OF THE
COURT OF TAX
APPEALS AND
CHEVRON
PHILIPPINES, INC.
(FORMERLY CALTEX
PHILIPPINES, INC.),
Respondents.

G.R. No. 195962,

April 18, 2018 -
PRESIDENTIAL
COMMISSION ON
GOOD GOVERNMENT,
Petitioner, v. OFFICE
OF THE
OMBUDSMAN,
PLACIDO L. MAPA,
JR., RECIO M.
GARCIA, LEON O. TY,
JOSE R. TENGCO, JR.,
ALEJANDRO
MELCHOR, VICENTE
PATERNO, RUBEN
ANCHETA, RAFAEL
SISON, HILARION M.
HENARES, JR.,
CARMELINO G.
ALVENDIA AND
GENEROSO F.
TENSECO,
Respondents.

G.R. No. 230473,

April 23, 2018 -
SEACREST MARITIME
MANAGEMENT, INC.
AND/OR HERNING
SHIPPING ASIA PTE.
LTD., Petitioners, v.
ALMA Q. RODEROS,
AS WIDOW AND
LEGAL HEIR OF
FRANCISCO
RODEROS,
Respondent.

A.M. No. P-18-3833

(Formerly OCA IPI
No. 14-4370-P), April
16, 2018 - JULIUS E.
PADUGA,
Complainant, v.
ROBERTO "BOBBY" R.
DIMSON, SHERIFF IV,
REGIONAL TRIAL
COURT OF
VALENZUELA CITY,
BRANCH 171,
Respondent.

G.R. No. 226656,

April 23, 2018 -
ARNEL T. GERE,
Petitioner, v. ANGLO-
EASTERN CREW
MANAGEMENT
PHILS., INC. AND/OR
ANGLO-EASTERN
CREW MANAGEMENT
(ASIA), LTD.,
Respondents.; G.R.
No. 226713, April 23,
2018 - ANGLO-
EASTERN CREW
MANAGEMENT
PHILS., INC. AND/OR
ANGLO-EASTERN
CREW MANAGEMENT
(ASIA), LTD.,
Petitioners, v. ARNEL
T. GERE, Respondent.

G.R. No. 213994,

April 18, 2018 -
MARGIE SANTOS
MITRA, Petitioner, v.
PERPETUA L.
SABLAN-​GUEVARRA,
REMEGIO L. SABLAN,
ET AL., Respondents.

G.R. No. 200256,

April 11, 2018 -
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v.
NORTHERN CEMENT
CORPORATION,
Respondent.

G.R. No. 193499,

April 23, 2018 -
BANCO DE ORO
UNIBANK, INC.,
Petitioner, v. VTL
REALTY, INC.,
Respondent.

G.R. No. 222070,

April 16, 2018 -
EMMANUEL M. LU,
ROMMEL M. LU,
CARMELA M. LU,
KAREN GRACE P. LU
AND JAMES MICHAEL
LU, Petitioners, v.
MARISSA LU CHIONG
AND CRISTINA LU
NG, Respondents.
 A.M. No. 17-12-
135-MeTC, April 16,
2018 - RE:
DROPPING FROM THE
ROLLS OF MR. ARNO
D. DEL ROSARIO,
COURT
STENOGRAPHER II,
BRANCH 41,
METROPOLITAN
TRIAL COURT
(METC), QUEZON
CITY.

G.R. No. 228890,

April 18, 2018 -
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee, v.
BASHER TOMAWIS Y
ALI, Accused-
Appellant.

G.R. No. 227982,

April 23, 2018 -
MARIO DIESTA
BAJARO, Petitioner, v.
METRO STONERICH
CORP., AND/OR
IBRAHIM M. NUÑO,
Respondents.

G.R. No. 171101,

April 24, 2018 -
HACIENDA LUISITA
INCORPORATED,
PETITIONER, LUISITA
INDUSTRIAL PARK
CORPORATION AND
RIZAL COMMERCIAL
BANKING
CORPORATION,
Petitioners-in-
Intervention, v.
PRESIDENTIAL
AGRARIAN REFORM
COUNCIL;
SECRETARY NASSER
PANGANDAMAN OF
THE DEPARTMENT OF
AGRARIAN REFORM;
ALYANSA NG MGA
MANGGAGAWANG
BUKID NG HACIENDA
LUISITA, RENE
GALANG, NOEL
MALLARI, AND JULIO
SUNIGA AND HIS
SUPERVISORY GROUP
OF THE HACIENDA
LUISITA, INC. AND
WINDSOR ANDAYA,
Respondents.

Copyright © 1995 - 20201995 - 2020 REDiaz