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Philippine Supreme Court Jurisprudence > Year 2017 > July 2017 Decisions > G.R. No. 223513, July 05, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALEX AMAR Y MONTANO, Accused-Appellant.:




G.R. No. 223513, July 05, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALEX AMAR Y MONTANO, Accused-Appellant.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 223513, July 05, 2017

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALEX AMAR Y MONTANO, Accused-Appellant.

D E C I S I O N

TIJAM, J.:

In this appeal, accused-appellant Alex Amar y Montano assails the February 27, 2015 Decision1 of the Court of Appeals (CA) in CA-G.R. CR�HC No. 06579, which affirmed with modification, the December 3, 2013 Decision2 of the Regional Trial Court (RTC) of Caloocan City, Branch 124, in Criminal Case No. 81116, finding him guilty beyond reasonable doubt of the crime of Rape.

The antecedent facts are as follows:

The accusatory portion of the April 14, 2009 Information3 charging accused-appellant of the crime of Rape, reads as follows:

That on or about the 13th day of April 2009 in Caloocan City, Metro Manila and within the jurisdiction of this. Honorable Court, the above-named accused, being the biological father of AAA,4 minor, 16 years old, with lewd design, by means of force, threats and intimidation employed upon the person of AAA, did then and there willfully, unlawfully and feloniously, lie and had carnal knowledge of said minor against her will and without her consent.

CONTRARY TO LAW.5
During arraignment, accused-appellant pleaded not guilty to the charge. Thereafter, trial ensued.

On April 13, 2009, at 1:00 a.m., the victim, AAA, was sleeping alone in her room when she was roused from her sleep when she felt somebody holding her breast, who turned out to be accused-appellant, her own father. Accused-appellant then proceeded to undress AAA. He removed his shorts, positioned himself on top of AAA, inserted his penis into her vagina and had sex with her. Thereafter, accused-appellant ejaculated on a towel and left the room.

The incident was not the first time that the accused-appellant had carnal knowledge of AAA. Records show that the molestation started when AAA was in Grade 6, and was repeated ten (10) times in a month. After being silent for some time, on April 11, 2009,6 AAA narrated her ordeal to her aunt, DDD. The following day, CCC, the accused-appellant's eldest daughter, likewise confided to DDD that accused-appellant was sexually molesting her.

Later, at noontime of April 13, 2009, AAA recounted to DDD the latest sexual attack of the accused-appellant on her in the early morning of the same day. On even date,7 DDD revealed to BBB, AAA's mother what AAA went through in the hands of her father. Upon learning of the incident, BBB, together with AAA and CCC, lodged a complaint for sexual molestation against the accused-appellant, with the Barangay Women and Children's Desk (BWCD). Accused-appellant was. held at the Barangay hall then turned over to the police for investigation.

Subsequently, AAA was brought to the hospital and was examined by Dr. Bonnie Chua. Her medical report revealed that her labia majora was coapted; her labia minora suffered abrasions; and that her hymen was lacerated.

For his part, accused-appellant denied the accusation against him. He countered that on the date of the alleged incident, he was actually asleep as he went to bed early on the night of April 12, 2009 since he had to wake up early for his work the following day. He claimed that on April 13, 2009, he reported for work in the morning only. He arrived from work on the same day, at around 3 o'clock in the afternoon. When his wife came home, he was surprised that she was with some police officers. He was immediately handcuffed and brought to the police station where he was mauled by the police.

On December 3, 2013, the RTC rendered its Decision,8 convicting accused-appellant of the crime of Rape, sentencing him to suffer the penalty of reclusion perpetua and ordering him to pay damages. The dispositive portion of the Decision reads as follows:chanRoblesvirtualLawlibrary
WHEREFORE, the Court finds the accused ALEX AMAR Y MONTANO, guilty beyond reasonable doubt of the crime of rape. Accordingly, he is hereby sentenced to suffer the penalty of reclusion perpetua without the possibility of parole.

Further, the accused is hereby adjudged civilly liable to AAA. Accordingly, he is hereby ordered to pay said private complainant: a) Php 75,000.00 as civil indemnity; b) Php 75,000.00 as moral damages; and c) Php 25,000.00 as exemplary damages.

SO ORDERED.9
On appeal, the CA rendered its February 27, 2015 Decision,10 affirming with modification the RTC's Decision, the dispositive portion of which reads as follows:chanRoblesvirtualLawlibrary
WHEREFORE, the instant appeal is DISMISSED. The Decision promulgated on December 3, 2013 of the Regional Trial Court of Caloocan City, Branch 124, in Criminal Case No. 81116 is AFFIRMED with MODIFICATION, increasing the award of exemplary damages from Php25,000.00 to Php30,000.00 and imposing interest upon the amounts of indemnity and damages awarded at the rate of 6% per annum to be computed from the date of the finality of this judgment until fully paid.

SO ORDERED.11
On April 20, 2015, accused-appellant appealed the CA's Decision before this Court via Section 13(c) of Rule 124, as amended by A.M. No. 00-5-03-SC with the CA.

In this Court's September 19, 2016 Resolution,12 We noted the Office of the Solicitor General's (OSG) Manifestation13 stating that it will no longer file a supplemental brief; and, the accused-appellant's Manifestation14 stating that he is dispensing with his supplemental brief, and thus, adopting his appellant's brief with the CA.

In his appeal, accused-appellant banks on the court a quo's error in disregarding his version. Aside from invoking the defense of denial and alibi, he insists that AAA's failure to immediately report the rape incident is not the normal behavior of a minor girl who had been previously sexually assaulted. He claims that AAA's testimony was not credible.

The OSG, on the other hand, maintains that the prosecution proved all the elements of the offense beyond reasonable doubt and that accused� appellant's defenses of denial and alibi were not proved by clear and convincing evidence.

The appeal is bereft of merit.

Article 266-A of the Revised Penal Code (RPC) defines the crime of Rape, viz.:chanRoblesvirtualLawlibrary
ART. 266-A. Rape, When and How Committed. - Rape is committed:

1)
By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat or intimidation[.]

x x x x
From the above-quoted provision of law, the elements of rape (under paragraph 1, subparagraph a) are as follows: (1) that the offender is a man; (2) that the offender had carnal knowledge of a woman; and (3) that such act is accomplished by using force, (threat) or intimidation.

The RTC and theCA were one in finding that accused-appellant had carnal knowledge of AAA against the latter's will through force and intimidation. Notably, in rape committed by a close kin, such as the victim's father, stepfather, uncle, or the common-law spouse of her mother, it is not necessary that actual force or intimidation be employed; moral inf1uence or ascendancy takes the place of violence or intimidation.15

We defer to the factual findings of the RTC and CA.

The factual findings of the trial court, especially when affirmed by the CA, are entitled to great weight and respect, if not conclusiveness, since the trial court was in the best position as the original trier of the facts in whose direct presence and under whose keen observation the witnesses rendered their respective versions of the events that made up the occurrences constituting the ingredients of the offense charged.16

After a careful review of the evidence and testimony proffered by the Prosecution, the Court opines that the trial court and the CA were not mistaken in their assessment of the credibility of AAA's testimony. The accused-appellant failed to show that both tribunals overlooked a material fact that otherwise would change the outcome of the case or misunderstood a circumstance of consequence in their evaluation of the credibility of the witnesses.17 Thus, this Court will not disturb on appeal the RTC's findings of fact as affirmed by the CA, but must fully accept the same.

It is jurisprudentially settled that in a prosecution for rape, the accused may be convicted solely on the basis of the testimony of the victim that is credible, convincing and consistent with human nature and the normal course of things.18

Contrary to accused-appellant's assertion, AAA's testimony regarding her ordeal on April 13, 2009 was credible, as she delivered it in a straightforward and convincing manner that is worthy of belief. The pertinent portions of her testimony are reproduced below:chanRoblesvirtualLawlibrary
Q:
When the accused entered your room, what did he do first?
A:
He held my private part, sir.
Q:
And after that?
A:
He undressed me, sir. He removed my shirt and pants.
Q:
What was your reaction?
A:
I was surprised, sir.
Q:
After you were undressed by your father, what happened next?
A:
He placed himself on top of me, sir.
Q:
Were you lying down at that time?
A:
Yes, sir.
Q:
On the bed?
A:
Yes, sir.
Q:
And what did he do next after he lied on top of you?
A:
He inserted his private part inside my private part, sir.19
It has been previously held that it is against human nature for a young girl to fabricate a story that would expose herself as well as her family to a lifetime of shame, especially when her charge could mean the death or lifetime imprisonment of her father.20 That legal dictum finds application in the case at bar since accused-appellant did not allege nor prove any sufficient improper motive on the part of AAA to falsely accuse him of such a serious charge of raping his own flesh and blood.

We make short shrift of accused-appellant's claim that AAA's failure to immediately report the rape incident is not the normal behavior of a minor girl who had been previously sexually assaulted.

The harrowing incident experienced by AAA in the hands of her own father would negate any reasonable standard form of reaction on a rape victim. Time and again, this Court has recognized that different people react differently to a given situation involving a startling occurrence. The workings of the human mind placed under emotional stress are unpredictable, and people react differently - some may shout, others may faint, and still others may be shocked into insensibility even if there may be a few who may openly welcome the intrusion.21

Accused-appellant's defenses, consisting of mere denial and alibi, fail to persuade Us.

[D]enial, if unsubstantiated by clear and convincing evidence, is a self-serving assertion that deserves no weight in law,22 as in this case. Likewise, alibi is one of the weakest defenses not only because it is inherently frail and unreliable, but also because it is easy to fabricate and difficult to check or rebut.23 Here, accused-appellant's alibi cannot prevail over the positive identification of his own daughter who had no improper motive to testify falsely.

Penalty and Damages

Under Article 266-B of the RPC, the death penalty shall be imposed when the victim of rape is below 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.24 Indeed, the moral ascendancy and influence the father has over his child supplants the element of violence or intimidation.25 The death penalty cannot, however, be imposed in view of Republic Act No. 9346. In lieu of the death penalty, the penalty of reclusion perpetua without eligibility for parole shall be imposed.26

In this case, both the trial court and CA found that the prosecution proved beyond reasonable doubt the qualifying circumstances of minority and relationship, i.e., the offender, accused-appellant, is the parent of the minor victim, AAA.27 This Court sees no reason to depart from the findings of the lower courts.

Nonetheless, this Court modifies the appellate court's award of damages and increases it as follows: Php 100,000.00 as civil indemnity, Php 100,000.00 as moral damages, and Php 100,000.00 as exemplary damages, pursuant to prevailing jurisprudence.28

To conform to otir pronouncement in People v. Jugueta,29 the civil indemnity and moral damages awarded must be increased from Php 75,000.00 to Php 100,000.00 each.30 We further increase the payment of exemplary damages from Php 30,000.00 to Php 100,000.00 in accordance with Article 2230 of the Civil Code, in view of the qualifying circumstance of relationship, as well as accused-appellant's moral corruption, perversity, and wickedness in ravishing his own daughter.31 The imposition of exemplary damages is further warranted to deter others from committing similar acts or for correction for the public good.32

We uphold the Court of Appeals' pronouncement that the interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of finality of judgment until fully paid.

WHEREFORE, premises considered, the February 27, 2015 Decision of the Court of Appeals in CA-G.R. CR-HC No. 06579, which affinned with modification, the December 3, 2013 Decision of the Regional Trial Court of Caloocan City, Branch 124, in Criminal Case No. 81116, is hereby AFFIRMED with MODIFICATION insofar as payment for damages is concerned. Accused-appellant Alex Amar y Montano is ordered to pay the private offended party as follows: Php 100,000.00 as civil indemnity, Php 100,000.00 as moral damages, Php 100,000.00 as exemplary damages, pursuant to prevailing jurisprudence. He is FURTHER ordered to pay interest on all damages awarded at the legal rate of six percent (6%) per annum from the date of finality of this Decision until fully paid.

SO ORDERED.

Velasco, Jr., (Chairperson), Bersamin, Reyes, and Jardeleza, JJ., concur.

Endnotes:


1 Penned by Associate Justice Jose C. Reyes, Jr. and concurred in by Associate Justices Francisco P. Acosta and Eduardo B. Peralta, Jr.; rollo, pp. 2-12.

2 Penned by Presiding Judge Glenda K. Cabello-Marin; CA rollo, pp. 21-34.

3 As mentioned in the Appellee's Brief; id. at 87.

4 The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of their immediate family or household members, shall not be disclosed to protect her privacy and fictitious initials shall, instead, be used, in accordance with People v. Cabalquinto, 533 Phil. 703 (2006) and A.M. No. 04-10-11-SC dated 19 October 2004. (People of the Philippines v. Eladio B. Lumaho Alias "Attumpang," G.R. No. 208716, September 24, 2014.)

5 CA rollo, p. 21.

6 As mentioned in the RTC's December 13, 2013 Decision, id. at 23.

7 Id.

8 Id. at 21-34.

9 Id. at 33-34.

10Rollo, 2-12.

11 Id. at 12.

12 Id. at 29.

13 Id. at 20.

14 Id. at 25.

15People v. Sixto Paduay Felomina, G.R. No. 192821, March 21, 2011.

16People v. Deligero, G.R. No. 189280, April 17, 2013.

17People v. Ricardo M. Vida�a, G.R. No. 199210, October 23, 2013.

18People v. Bustamante, G.R. No. 189836, June 5, 2013.

19Rollo, p. 7.

20People v. Ricardo M. Vida�a, G.R. No. 199210, October 23, 2013.

21People v. Aurelio Jastiva, G.R. No. 199268, February 12, 2014.

22People v. Edmundo Vitero, G.R. No. 175327, April3, 2013, citing People v. Ogarte, G.R. No. 182690, May 30, 2011, 649 SCRA 395.

23People v. Edmundo Vitero, supra note 22.

24People v. Oliver A. Buclao, G.R. No. 208173, June 11, 2014.

25 Id.

26 Id.

27People v. Candellada, G.R. No. 189293, July 10, 2013.

28People v. Ireneo Jugueta, G.R. No. 202124, April 5, 2016.

29 G.R. No. 202124, April 5, 2016.

30People v. Michael Palanay y Minister, G.R. No. 224583, February 1, 2017.

31 Id.

32 Id.



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  • G.R. No. 213922, July 05, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMMEL DIPUTADO, Accused-Appellant.

  • A.M. No. P-06-2253 (Formerly A.M. No. 06-9-297-MTC), July 12, 2017 - THE OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ELIZABETH R. TENGCO, CLERK OF COURT II, MUNICIPAL TRIAL COURT, STA. CRUZ, LAGUNA, Respondent.; A.M. No. P-07-2360 (Formerly OCA IPI No. 06-2427-P), July 12, 2017 - JUDGE ELPIDIO R. CALIS, Complainant, v. ELIZABETH R. TENGCO, CLERK OF COURT II, MUNICIPAL TRIAL COURT, STA. CRUZ, LAGUNA, Respondent.; A.M. No. P-13-3157 (Formerly A.M. No. 12-4-30-MTC), July 12, 2017 - THE OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ELIZABETH R. TENGCO, FORMER CLERK OF COURT II, MUNICIPAL TRIAL COURT, STA. CRUZ, Respondent.

  • G.R. No. 231671, July 25, 2017 - ALEXANDER A. PADILLA, RENE A.V. SAGUISAG, CHRISTIAN S. MONSOD, LORETTA ANN P. ROSALES, RENE B. GOROSPE, AND SENATOR LEILA M. DE LIMA, Petitioners, v. CONGRESS OF THE PHILIPPINES, CONSISTING OF THE SENATE OF THE PHILIPPINES, AS REPRESENTED BY SENATE PRESIDENT AQUILINO "KOKO" PIMENTEL III, AND THE HOUSE OF REPRESENTATIVES, AS REPRESENTED BY HOUSE SPEAKER PANTALEON D. ALVAREZ, Respondents.; G.R. No. 231694 - FORMER SEN. WIGBERTO E. TA�ADA, BISHOP EMERITUS DEOGRACIAS S. I�IGUEZ, BISHOP BRODERICK PABILLO, BISHOP ANTONIO R. TOBIAS, MO. ADELAIDA YGRUBAY, SHAMAH BULANGIS AND CASSANDRA D. DELURIA, Petitioners, v. CONGRESS OF THE PHILIPPINES, CONSISTING OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, AQUILINO "KOKO" PIMENTEL III, PRESIDENT, SENATE OF THE PHILIPPINES, AND PANTALEON D. ALVAREZ, SPEAKER, HOUSE OF THE REPRESENTATIVES, Respondents.

  • G.R. No. 201018, July 12, 2017 - UNITED COCONUT CHEMICALS, INC., Petitioner, v. VICTORIANO B. VALMORES, Respondent.

  • A.C. No. 11668, July 17, 2017 - JOY T. SAMONTE, Complainant, v. ATTY. VIVENCIO V. JUMAMIL, Respondent.

  • G.R. No. 227757, July 25, 2017 - REPRESENTATIVE TEDDY BRAWNER BAGUILAT, JR., REPRESENTATIVE EDCEL C. LAGMAN, REPRESENTATIVE RAUL A. DAZA, REPRESENTATIVE EDGAR R. ERICE, REPRESENTATIVE EMMANUEL A. BILLONES, REPRESENTATIVE TOMASITO S. VILLARIN, AND REPRESENTATIVE GARY C. ALEJANO, Petitioners, v. SPEAKER PANTALEON D. ALVAREZ, MAJORITY LEADER RODOLFO C. FARI�AS, AND REPRESENTATIVE DANILO E. SUAREZ, Respondents.

  • G.R. No. 220458, July 26, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROSARIO BALADJAY, Accused-Appellant.

  • A.C. No. 5161, July 11, 2017 - RE: IN THE MATTER OF THE PETITION FOR REINSTATEMENT OF ROLANDO S. TORRES AS A MEMBER OF THE PHILIPPINE BAR. -- ROLANDO S. TORRES, Petitioner.

  • G.R. No. 207193, July 24, 2017 - ROBLE BARBOSA AND RAMDY BARBOSA, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 215200, July 26, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NOMERTO NAPOLES Y BAJAS, Accused-Appellant.

  • A.C. No. 1346, July 25, 2017 - PACES INDUSTRIAL CORPORATION, Petitioner, v. ATTY. EDGARDO M. SALANDANAN, Respondent.

  • A.M. No. MTJ-15-1854 [Formerly A.M. No. 14-4-50-MCTC], July 11, 2017 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. PRESIDING JUDGE BILL D. BUYUCAN AND CLERK OF COURT GERARD N. LINDAWAN, BOTH AT MUNICIPAL CIRCUIT TRIAL COURT, BAGABAG-DIADI, NUEVA VIZCAYA, Respondents.

  • G.R. No. 212616, July 10, 2017 - DISTRIBUTION & CONTROL PRODUCTS, INC./VINCENT M. TIAMSIC, Petitioners, v. JEFFREY E. SANTOS, Respondent.

  • G.R. No. 220759, July 24, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARMANDO MENDOZA Y POTOLIN A.K.A. "JOJO," Accused-Appellant.

  • G.R. No. 219649, July 26, 2017 - AL DELA CRUZ, Petitioner, v. CAPT. RENATO OCTAVIANO AND WILMA OCTAVIANO, Respondents.

  • G.R. No. 212098, July 26, 2017 - JULIO C. ESPERE, Petitioner, v. NFD INTERNATIONAL MANNING AGENTS, INC./TARGET SHIP MANAGEMENT PTE LTD./CYNTHIA SANCHEZ, Respondents.

  • G.R. No. 181474, July 26, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMALDO LUMAYAG Y DELA CRUZ, DIONY OPINIANO Y VERANO, AND JERRY1 DELA CRUZ Y DIAZ, ACCUSED, DIONY OPINIANO Y VERANO, Accused-Appellant.

  • G.R. No. 228412, July 26, 2017 - ALASKA MILK CORPORATION AND THE ESTATE OF WILFRED UYTENGSU, Petitioners, v. ERNESTO L. PONCE, Respondent.; G.R. No. 228439, 26 July 2017 - ERNESTO L. PONCE, Petitioner, v. ALASKA MILK CORPORATION, ROYAL FRIESLAND CAMPINA (RFC), AS SUCCESSORS-IN-INTEREST AND SOLIDARY DEBTORS WITH THE ESTATE OF WILFRED UYTENGSU, ALASKA MILK WORKERS UNION AND FREDDIE BAUTISTA, Respondents.

  • G.R. No. 206916, July 03, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSEPH SAN JOSE Y GREGORIO AND JONATHAN SAN JOSE Y GREGORIO, Accused-Appellants.

  • G.R. No. 191458, July 03, 2017 - CHINATRUST (PHILS.) COMMERCIAL BANK, Petitioner, v. PHILIP TURNER, Respondent.

  • G.R. No. 228296, July 26, 2017 - GRIEG PHILIPPINES, INC., GRIEG SHIPPING GROUP AS, AND/OR MANUEL F. ORTIZ, Petitioners, v. MICHAEL JOHN M. GONZALES, Respondent.

  • G.R. No. 198196, July 17, 2017 - SPOUSES LORETO AND MILAGROS SIBAY AND SPOUSES RUEL AND OLGA ELAS, Petitioners, v. SPOUSES BIENVENIDO AND JUANITA BERMUDEZ, Respondents.

  • G.R. No. 197526, July 26, 2017 - CE LUZON GEOTHERMAL POWER COMPANY, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.; G.R. No. 199676-77, July 26, 2017 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE BUREAU OF INTERNAL REVENUE, Petitioner, v. CE LUZON GEOTHERMAL POWER COMPANY, INC., Respondent.

  • G.R. No. 221424, July 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROBELYN CABANADA Y ROSAURO, Accused-Appellant.

  • G.R. No. 219885, July 17, 2017 - PEOPLE OF THE PHILIPPINES, Appellee, v. AUGUSTO F. GALLANOSA, JR., Appellant.

  • G.R. No. 173120 & 173141, July 26, 2017 - SPOUSES YU HWA PING AND MARY GAW, Petitioners, v. AYALA LAND, INC., Respondent.; G.R. No. 173141, July 26, 2017 - HEIRS OF SPOUSES ANDRES DIAZ AND JOSEFA MIA, Petitioners, v. AYALA LAND, INC., Respondent.

  • G.R. No. 183408, July 12, 2017 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. LANCASTER PHILIPPINES, INC., Respondent.

  • G.R. No. 217345, July 12, 2017 - WILMER O. DE ANDRES, Petitioner, v. DIAMOND H MARINE SERVICES & SHIPPING AGENCY, INC., WU CHUN HUA AND RUBEN J. TURINGAN, Respondents.

  • G.R.. No. 214529, July 12, 2017 - JERRYSUS L. TILAR, Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondents.

  • G.R. No. 214300, July 26, 2017 - PEOPLE OF THE PHILIPPINES, Petitioner, v. MANUEL ESCOBAR, Respondent.

  • A.C. No. 11482, July 17, 2017 - JOCELYN IGNACIO, Complainant, v. ATTY. DANIEL T. ALVIAR, Respondent.

  • G.R. No. 213192, July 12, 2017 - TERESA R. IGNACIO, Petitioner, v. RAMON REYES, FLORENCIO REYES, JR., ROSARIO R. DU AND CARMELITA R. PASTOR, Respondents.

  • A.M. No. MTJ-16-1883 (Formerly OCA IPI No. 12-2497-MTJ), July 11, 2017 - EMMA G. ALFELOR, Complainant, v. HON. AUGUSTUS C. DIAZ, PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 37, QUEZON CITY, Respondent.

  • A.C. No. 10580, July 12, 2017 - SPOUSES GERALDY AND LILIBETH VICTORY, Complainants, v. ATTY. MARIAN JO S. MERCADO, Respondent.

  • A.C. No. 9919, July 19, 2017 - DR. EDUARDO R. ALICIAS, JR. COMPLAINANT, VS. ATTY. VIVENCIO S. BACLIG, Respondent.

  • A.C. No. 7824, July 19, 2017 - ELIEZER F. CASTRO AND BETHULIA C. CASAFRANCISCO, Complainants, v. ATTY. JOHN BIGAY, JR. AND ATTY. JUAN SIAPNO, JR., Respondents.

  • G.R. No. 196412, July 19, 2017 - LAND BANK OF THE PHILIPPINES, Petitioner, v. MIGUEL OMENGAN, Respondent.

  • G.R. No. 174670, July 26, 2017 - PHILCONTRUST RESOURCES INC. (FORMERLY KNOWN AS INTER-ASIA LAND CORPORATION), Petitioner, v. CARLOS SANTIAGO, LITO PALANGANAN, OLIMPIA ERCE, TAGUMPAY REYES, DOMINGO LUNA, RICARDO DIGO, FRANCIS DIGO, VIRGILIO DIGO, CORAZON DIGO, WILBERT SORTEJAS, ADRIEL SANTIAGO, CARLOS SANTIAGO JR., SEGUNDO BALDONANSA, RODRIGO DIGO, PAULINO MENDOZA, SOFRONIO OLEGARIO, BERNARD MENDOZA, JUN DELPINADO, EDILBERTO CABEL, ERINITO MAGSAEL, HONORIO BOURBON, MAURICIO SENARES, RICARTE DE GUZMAN, MANUEL DE CASTRO, CENON MOSO, JESUS EBDANI, DOMINGO HOLGADO, LETICIA PELLE, REY SELLATORES, EFREN CABRERA, RONNIE DIGO, RENATO OLIMPIAD, RICARDO LAGARDE, ERIC DIGO, ISAGANI SENARES, CANCIANO PAYAD, MELITONA PALANGANAN, VIRGILIO PERENA, EDGARDO PAYAD, WINNIE CABANSAG, WINNIE AVINANTE, AND VALENTINA SANTIAGO, Respondents.

  • G.R. No. 227695, July 31, 2017 - GENPACT SERVICES, INC., AND DANILO SEBASTIAN REYES, Petitioners, v. MARIA KATRINA SANTOS�FALCESO, JANICE ANN* M. MENDOZA, AND JEFFREY S. MARIANO, Respondents.

  • G.R. No. 227038, July 31, 2017 - JEFFREY MIGUEL Y REMEGIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 202342, July 19, 2017 - AMA LAND, INC., Petitioner, v. WACK WACK RESIDENTS' ASSOCIATION, INC., Respondent.

  • G.R. No. 208735, July 19, 2017 - BDO UNIBANK, INC. (FORMERLY EQUITABLE PCI BANK), Petitioner, v. NESTOR N. NERBES AND ARMENIA F. SURAVILLA, Respondents.

  • G.R. No. 215874, July 05, 2017 - ARLO ALUMINUM, INC., Petitioner, v. VICENTE M. PI�ON, JR., IN BEHALF OF VIC EDWARD PI�ON, Respondent.

  • G.R. No. 218250, July 10, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GIO COSGAFA Y CLAMOCHA, JIMMY SARCEDA Y AGANG, AND ALLAN VIVO Y APLACADOR, Accused-Appellants.

  • G.R. No. 210129, July 05, 2017 - S/SGT. CORNELIO PAMAN, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 224974, July 03, 2017 - MARVIN CRUZ AND FRANCISCO CRUZ, IN HIS CAPACITY AS BONDSMAN, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 212814, July 12, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ERNIE CARILLO Y PABELLO ALIAS "NANNY," RONALD ESPIQUE Y LEGASPI ALIAS "BORLOK," RAFAEL SUSADA Y GALURA ALIAS "RAFFY," Accused; ERNIE P. CARILLO AND RONALD L. ESPIQUE, Accused-Appellants.

  • G.R. No. 207684, July 17, 2017 - PHILTRANCO SERVICE ENTERPRISES, INC., AND/OR JOSE PEPITO ALVAREZ, ARSENIO YAP AND CENTURION SOLANO, Petitioners, v. FRANKLIN CUAL, NOEL PORMENTO, RAMIL TIMOG, WILFREDO PALADO, ROBERTO VILLARAZA, JOSE NERIO ARTISTA, CESAR SANCHEZ, RENERIO MATOCI�OS, VALENTINO SISCAR, LARRY ACASIO, GERARDO NONATO, JOSE SAFRED, JUAN LUNA, GREGORIO MEDINA, NESTOR ZAGADA, FRANCISCO MIRANDA, LEON MANUEL VILLAFLOR, RODOLFO NOLASCO, REYNALDO PORTES, GERARDO CALINYAO, LUTARDO DAYOLA, VICENTE BALDOS, ROGELIO MEJARES, RENIE SILOS AND SERVANDO PETATE, Respondents.

  • G.R. No. 208013, July 03, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDGAR ALLAN CORPUZ Y FLORES, Accused-Appellant.

  • G.R. No. 208441, July 17, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ZENAIDA FABRO OR ZENAIDA MANALASTAS Y VI�EGAS, Accused-Appellant.

  • G.R. No. 221443, July 17, 2017 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DOMINADOR LADRA, Accused-Appellant.

  • G.R. No. 219501, July 26, 2017 - POLICE DIRECTOR GENERAL ALAN LA MADRID PURISIMA, Petitioner, v. HON. CONCHITA CARPIO MORALES, IN HER OFFICIAL CAPACITY AS THE OMBUDSMAN OF THE REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 232413 [Formerly UDK 15419], July 25, 2017 - IN THE MATTER OF THE PETITION FOR ISSUANCE OF WRIT OF HABEAS CORPUS WITH PETITION FOR RELIEF - INTEGRATED BAR OF THE PHILIPPINES PANGASINAN LEGAL AID AND JAY-AR R. SENIN, Petitioners, v. DEPARTMENT OF JUSTICE, PROVINCIAL PROSECUTOR'S OFFICE, BUREAU OF JAIL MANAGEMENT AND PENOLOGY, AND PHILIPPINE NATIONAL POLICE, Respondent.

  • G.R. No. 223610, July 24, 2017 - CONCHITA S. UY, CHRISTINE UY DY, SYLVIA UY SY, JANE UY TAN, JAMES LYNDON S. UY, IRENE S. UY,* ERICSON S. UY, JOHANNA S. UY, AND JEDNATHAN S. UY, Petitioners, v. CRISPULO DEL CASTILLO, SUBSTITUTED BY HIS HEIRS PAULITA MANATAD-DEL CASTILLO, CESAR DEL CASTILLO, AVITO DEL CASTILLO, NILA C. DUE�AS, NIDA C. LATOSA, LORNA C. BERNARDO, GIL DEL CASTILLO, LIZA C. GUNGOB, ALMA DEL CASTILLO, AND GEMMA DEL CASTILLO, Respondents.

  • G.R. No. 210615, July 26, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ABENIR BRUSOLA Y BARAGWA, Accused-Appellant.

  • G.R. No. 218205, July 05, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARCIAL D. PULGO, Accused-Appellant.

  • G.R. No. 196888, July 19, 2017 - AURELIA NARCISE, GLORIA A. DELA CRUZ, MARITESS O. GARCIA, PHILIP FALCON, ENRICO M. VITUG, LYNETTE C. PONTRERAS, BONIFACIO BARRAMEDA, RAMON S. MORADA, MANUEL G. VIOLA, ZENAIDA LANUZA, CIRILO G. SALTO, TEODORO DEL ROSARIO, NANCY G. INSIGNE, MELANIE G. VIANA, ROMEO TICSAY, AMY J. FRANCISCO, MARIE J. FRANCISCO, ZENAIDA LANUZA, MIGUELITO B. MARTINEZ, APOLONIO SANTOS, MARIVIC TAN, JANE CLOR DILEMA, VALENTINO DILEMA, JOSE L. PANGAN, ANTONIA M. MANGELEN, IMELDA MANALASTAS, TEODORICO N. ANDRADE, AIDA L. CRUZ, MANUEL YAMBOT, JAIME SERDENA, ARIEL PALACIOS, EVE BOLNEO, LIBETINE MODESTO, MA. AILEEN VERDE, BENNY ILAGAN, MICHELLE ROMANA, DANILO VILLANUEVA, LEO NALUGON, ROSSANA MARASIGAN, NELIE BINAY AND ISABELITA MENDOZA, Petitioners, v. VALBUECO, INC., Respondent.

  • G.R. No. 217973, July 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FEDERICO GEROLA Y AMAR ALIAS "FIDEL", Accused-Appellant.

  • G.R. No. 211947, July 03, 2017 - HEIRS OF CAYETANO CASCAYAN, REPRESENTED BY LA PAZ MARTINEZ, Petitioners, v. SPOUSES OLIVER AND EVELYN GUMALLAOI, AND THE MUNICIPAL ENGINEER OF BANGUI, ILOCOS NORTE, Respondents.

  • G.R. No. 220383, July 05, 2017 - SONEDCO WORKERS FREE LABOR UNION (SWOFLU) / RENATO YUDE, MARIANITO REGINO, MANUEL YUMAGUE, FRANCISCO DACUDAG, RUDY ABABAO, DOMINIC SORNITO, SERGIO CAJUYONG, ROMULO LABONETE, GENEROSO GRANADA, EMILIO AGUS, ARNOLD CAYAO, BEN GENEVE, VICTOR MAQUE, RICARDO GOMEZ, RODOLFO GAWAN, JIMMY SULLIVAN, FEDERICO SUMUGAT, JR., ROMULO AVENTURA, JR., JURRY MAGALLANES, HERNAN EPISTOLA, JR., ROBERTO BELARTE, EDMON MONTALVO, TEODORO MAGUAD, DOMINGO TABABA, MAXIMO SALE, CYRUS DIONILLO, LEONARDO JUNSAY, JR., DANILO SAMILLION, MARIANITO BOCATEJA, JUANITO GEBUSION, RICARDO MAYO, RAUL ALIMON, ARNEL ARNAIZ, REBENCY BASOY, JIMMY VICTORIO BERNALDE, RICARDO BOCOL, JR., JOB CALAMBA, WOLFRANDO CALAMBA, RODOLFO CASISID, JR., EDGARDO DELA PENA, ALLAN DIONILLO, EDMUNDO EBIDO, JOSE ELEPTICO, JR., MARCELINO FLORES, HERNANDO FUENTEBILLA, SAUL HITALIA, JOSELITO JAGODILLA, NONITO JAYME, ADJIE JUANILLO, JEROLD JUDILLA, EDILBERTO NACIONAL, SANDY NAVALES, FELIPE NICOLASORA, JOSE PAMALO-AN, ISMAEL PEREZ, JR., ERNESTO RANDO, JR., PHILIP REPULLO, VICENTE RUIZ, JR., JOHN SUMUGAT, CARLO SUSANA, ROMEO TALAPIERO, JR., FERNANDO TRIENTA, FINDY VILLACRUZ, JOEL VILLANUEVA, AND JERRY MONTELIBANO, Petitioners, v. UNIVERSAL ROBINA CORPORATION, SUGAR DIVISION-SOUTHERN NEGROS DEVELOPMENT CORPORATION (SONEDCO), Respondents.

  • G.R. No. 224102, July 26, 2017 - RYAN MARIANO Y GARCIA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. Nos. 193969-193970, July 05, 2017 - KA KUEN CHUA, DOING BUSINESS UNDER THE NAME AND STYLE KA KUEN CHUA ARCHITECTURAL, Petitioner, v. COLORITE MARKETING CORPORATION, Respondent.; G.R. Nos. 194027-194028 - COLORITE MARKETING CORPORATION, Petitioner, v. KA KUEN CHUA, DOING BUSINESS UNDER THE NAME AND STYLE KA KUEN CHUA ARCHITECTURAL, Respondent.

  • G.R. No. 197032, July 26, 2017 - SECURITIES AND EXCHANGE COMMISSION, Petitioner, v. PRICE RICHARDSON CORPORATION, CONSUELO VELARDE-ALBERT, AND GORDON RESNICK, Respondents.

  • G.R. No. 205614, July 26, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JAIME SEGUNDO Y IGLESIAS, Accused-Appellant.

  • G.R. No. 181953, July 25, 2017 - LAND BANK OF THE PHILIPPINES, Petitioner, v. RURAL BANK OF HERMOSA (BATAAN), INC., Respondent.

  • A.M. No. MTJ-16-1886 (Formerly OCA IPI No. 16-2869-MTJ), July 25, 2017 - ANONYMOUS COMPLAINT, Complainant, v. PRESIDING JUDGE EXEQUIL L. DAGALA, MUNICIPAL CIRCUIT TRIAL COURT, DAPA-SOCORRO, DAPA, SURIGAO DEL NORTE, Respondent.

  • G.R. No. 217453, July 19, 2017 - DENMARK S. VALMORES, Petitioner, v. DR. CRISTINA ACHACOSO, IN HER CAPACITY AS DEAN OF THE COLLEGE OF MEDICINE, AND DR. GIOVANNI CABILDO, FACULTY OF THE MINDANAO STATE UNIVERSITY, Respondents.

  • G.R. No. 220835, July 26, 2017 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SYSTEMS TECHNOLOGY INSTITUTE, INC., Respondent.

  • G.R. No. 207765, July 26, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JULITO DIVINAGRACIA, SR., Accused-Appellant.

  • G.R. No. 199825, July 26, 2017 - BRO. BERNARD OCA, BRO. DENNIS MAGBANUA, CIRILA N. MOJICA, ALEJANDRO N. MOJICA, JOSEFINA PASCUAL, SILVESTRE PASCUAL AND ST. FRANCIS SCHOOL OF GENERAL TRIAS, CAVITE, INC., Petitioners, v. LAURITA CUSTODIO, Respondent.

  • A.C. No. 11494, July 24, 2017 - HEIRS OF JUAN DE DIOS E. CARLOS, NAMELY, JENNIFER N. CARLOS, JOCELYN N. CARLOS, JACQUELINE CARLOS�-DOMINGUEZ, JO-ANN CARLOS-�TABUTON, JIMMY N. CARLOS, LORNA A. CARLOS, JERUSHA ANN A. CARLOS AND JAN JOSHUA A. CARLOS, Complainants, v. ATTY. JAIME S. LINSANGAN, Respondent.

  • G.R. No. 191657, July 31, 2017 - NATIONAL HOUSING AUTHORITY, Petitioner, v. DOMINADOR LAURITO, HERMINIA Z. LAURITO, NIEVES A. LAURITO, NECITAS LAURITO VDA. DE DE LEON, ZENAIDA D. LAURITO, CORNELIA LAURITO VDA. DE MANGA, AGRIPINA T. LAURITO, VITALIANA P. LAURITO, REPRESENTED BY: DOMINADOR LAURITO, Respondents.; HEIRS OF RUFINA MANARIN, NAMELY: CONSUELO M. LOYOLA-�BARUGA, ROSY M. LOYOLA-�GONZALES, BIENVENIDO L. RIVERA, REYNALDO L. RIVERA, ISABELITA A. LOYOLA, LIWAYWAY A. LOYOLA, LOLITA A. LOYOLA, LEANDRO A. LOYOLA, PERLITO L. LOYOLA, GAVINA L. LOYOLA, ZORAIDA L. PURIFICACION, PERLITA L. DIZON, LUCENA R. LOYOLA, ANITA L. REYES, VISITACION L. ZAMORA, CRISTINA L. CARDONA, NOEL P. LOYOLA, ROMEO P. LOYOLA, JR., FERDINAND P. LOYOLA, EDGARDO A. LOYOLA, DIONISA L. BUENA, SALUD L. MAPALAD, CORAZON L. SAMBILLO, VIDAL A. LOYOLA, AND MILAGROS A. LOYOLA, REPRESENTED BY THEIR ATTORNEY-IN-FACT ZOSIMO A. LOYOLA, Petitioner-Intervenors.

  • G.R. No. 222699, July 24, 2017 - MAUNLAD TRANS INC., CARNIVAL CRUISE LINES AND/OR AMADO CASTRO, Petitioners, v. GABRIEL ISIDRO, Respondent.

  • G.R. No. 230664, July 24, 2017 - EDWARD M. COSUE, Petitioner, v. FERRITZ INTEGRATED DEVELOPMENT CORPORATION, MELISSA TANYA F. GERMINO AND ANTONIO A. FERNANDO, Respondents.

  • G.R. No. 209452, July 26, 2017 - GOTESCO PROPERTIES, INC., Petitioner, v. SOLIDBANK CORPORATION (NOW METROPOLITAN BANK AND TRUST COMPANY), Respondent.

  • G.R. No. 228628, July 25, 2017 - REP. REYNALDO V. UMALI, IN HIS CAPACITY AS CHAIRMAN OF THE HOUSE OF REPRESENTATIVES COMMITTEE ON JUSTICE AND EX OFFICIO MEMBER OF THE JBC, Petitioner, v. THE JUDICIAL AND BAR COUNCIL, CHAIRED BY THE HON. MARIA LOURDES P.A. SERENO, CHIEF JUSTICE AND EX OFFICIO CHAIRPERSON, Respondent.

  • G.R. No. 206890, July 31, 2017 - EVIC HUMAN RESOURCE MANAGEMENT INC., FREE BULKERS S.A. AND/OR MA. VICTORIA C. NICOLAS, Petitioners, v. ROGELIO O. PANAHON, Respondent.

  • G.R. No. 204530, July 26, 2017 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, Petitioner, v. POTENCIANO A. LARRAZABAL, SR., VICTORIA LARRAZABAL LOCSIN AND BETTY LARRAZABAL MACATUAL, Respondents.

  • G.R. No. 231658, July 04, 2017 - REPRESENTATIVES EDCEL C. LAGMAN, TOMASITO S. VILLARIN, GARY C. ALEJA�O, EMMANUEL A. BILLONES, AND TEDDY BRAWNER BAGUILAT, JR., Petitioners, v. HON. SALVADOR C. MEDIALDEA, EXECUTIVE SECRETARY; HON. DELFIN N. LORENZANA, SECRETARY OF THE DEPARTMENT OF NATIONAL DEFENSE AND MARTIAL LAW ADMINISTRATOR; AND GEN. EDUARDO A�O, CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES AND MARTIAL LAW IMPLEMENTOR, Respondents.; G.R. No. 231771 - EUFEMIA CAMPOS CULLAMAT, VIRGILIO T. LINCUNA, ATELIANA U. HIJOS, ROLAND A. COBRADO, CARL ANTHONY D. OLALO, ROY JIM BALANGHIG, RENATO REYES, JR., CRISTINA E. PALABAY, AMARYLLIS H. ENRIQUEZ, ACT TEACHERS' REPRESENTATIVE ANTONIO L. TINIO, GABRIELA WOMEN'S PARTY REPRESENTATIVE ARLENE D. BROSAS, KABATAAN PARTY-LIST REPRESENTATIVE SARAH JANE I. ELAGO, MAE PANER, GABRIELA KRISTA DALENA, ANNA ISABELLE ESTEIN, MARK VINCENT D. LIM, VENCER MARI CRISOSTOMO, JOVITA MONTES, Petitioners, v. PRESIDENT RODRIGO DUTERTE, EXECUTIVE SECRETARY SALVADOR MEDIALDEA, DEFENSE SECRETARY DELFIN LORENZANA, ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF LT. GENERAL EDUARDO A�O, PHILIPPINE NATIONAL POLICE DIRECTOR-GENERAL RONALD DELA ROSA, Respondents.; G.R. No. 231774 - NORKAYA S. MOHAMAD, SITTIE NUR DYHANNA S. MOHAMAD, NORAISAH S. SANI, ZAHRIA P. MUTI-MAPANDI, Petitioners, v. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, DEPARTMENT OF NATIONAL DEFENSE (DND) SECRETARY DELFIN N. LORENZANA, DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG) SECRETARY (OFFICER-IN�-CHARGE) CATALINO S. CUY, ARMED FORCES OF THE PHILIPPINES (AFP) CHIEF OF STAFF GEN. EDUARDO M. A�O, PHILIPPINE NATIONAL POLICE (PNP) CHIEF DIRECTOR GENERAL RONALD M. DELA ROSA, NATIONAL SECURITY ADVISER HERMOGENES C. ESPERON, JR., Respondents.