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Philippine Supreme Court Jurisprudence > Year 2017 > June 2017 Decisions > G.R. No. 203114, June 28, 2017 - VIRGILIO LABANDRIA AWAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.:




G.R. No. 203114, June 28, 2017 - VIRGILIO LABANDRIA AWAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 203114, June 28, 2017

VIRGILIO LABANDRIA AWAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

D E C I S I O N

BERSAMIN, J.:

Under review is the decision promulgated on May 8, 2012,1 whereby the Court of Appeals (CA) affirmed with modification the decision rendered on February 4, 2011 by the Regional Trial Court, Branch 172, in Valenzuela City finding the petitioner guilty of acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b), Article III of Republic Act No. 7610.2

The information charged the petitioner with rape through sexual abuse, alleging as follows:

That on or about January 24, 2010 in Valenzuela City, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused with lewd design, by means of force and intimidation employed upon the person of one AAA (victim/complainant), 10 years old (DOB June 30, 1999), did then and there, unlawfully and feloniously insert his finger into the vagina of the victim/complainant, against her will and without her consent, thereby subjecting the said minor to sexual abuse which debased, degraded and demeaned her intrinsic worth and dignity as a human being.

CONTRARY TO LAW.3

After the petitioner entered his plea of not guilty on February 12, 2010,4 the case proceeded to pre-trial and trial. During the pre-trial on April 16, 2010, the Prosecution and the Defense stipulated, among others, that the victim had been a minor at the time of the commission of the alleged offense.5

The evidence of the Prosecution is summarized in the assailed decision of the CA as follows:

AAA, a Grade III pupil declared that [petitioner] is the boyfriend of her sister. Sometime in January 2010, [petitioner] was in their house in Valenzuela City. [Petitioner] called her and brought her inside the room. [Petitioner] touched her vagina. [Petitioner] made her lie down beside him and again touched her vagina. Thereafter, [petitioner] put on his shoes and warned her not to tell her mother and father about the incident.

AAA was wearing leggings and panty at the time of the incident. Petitioner never removed anything from her when he touched her. At the time of the incident, they were the only person (sic) inside the room. Her father and other siblings were then asleep in another room while his brother was downstairs.

AAA's brother came to know about the incident when he saw her crying in a corner of their house. Her brother told her mother about the incident. Her mother called a police and petitioner was later apprehended. Her mother gave her statements at the police station.

On January 25, 2010, Ortiz, a medico-legal officer of the PNP Crime Laboratory, received a request for Physical/Genital Examination on the person of AAA. His examination states: "ano-genital examination reveals essentially normal gross findings." He observed that AAA's hymen was annular, thin with central orifice and no abnormality noted. There was no evidence of any sexual abuse because of his findings that AAA's genital organ is normal.6

On the other hand, the Defense presented the petitioner as its lone witness, and his testimony is synthesized in the assailed decision thusly:

AAA was the sister of his girlfriend. He and his girlfriend had been a couple for one year and five months. He visited his girlfriend's house only for three (3) times since August 29, 2008 up to January 24, 2010. He rarely visits his girlfriend at their house because he was busy with his work delivering food in the market. He was an employee of Amado Pingco of Harkmen Company in Marikina Heights as stay-in worker.

On January 24, 2010, his girlfriend called him up and told him to go to their house to give him something. He left Marikina at around 3:30p.m. and arrived in Valenzuela City at around 5:30 p.m. While he was in front of his girlfriend's house, the mother and brother of his girlfriend went out of the house and said to him "walanghiya ka, bakit mo nirape ang anak ko". At that time, he received a text message from his girlfriend that she was in the market buying something. He was surprised at the accusations against him. His girlfriend's mother and brother told him that if he really did not rape AAA he will go with them to the police block. They forced him to board a tricycle and warned him of being mauled by the persons standing there. A tricycle passed by and he was brought to the police block. He learned that it was AAA who complained against him. But AAA was not at the police block at that time. He was transferred to the police headquarters where he saw AAA with his girlfriend. He attempted to approach his girlfriend but her mother pulled her away. Prior to the incident, his girlfriend told him that he should not show himself to her mother whenever he is drunk. Her mother noticed that he seldom visits her at their house. After the incident, he no longer saw his girlfriend. He denied having entered the house of his girlfriend on January 24, 2010. There were occasions, however, prior to January 24, 2010 that he was able to enter his girlfriend's house.7

As mentioned, the RTC found the petitioner guilty of acts of lasciviousness as defined in Article 336 of the Revised Penal Code and penalized pursuant to Section 5(b), Article III of Republic Act No. 7610, disposing thusly:

WHEREFORE, premises considered, the court hereby finds accused VIRGILIO LABANDIRA AWAS guilty beyond reasonable doubt as principal for the offense of acts of lasciviousness under Art. 336 of the Revised Penal Code in relation to Section 5(b), Article III of RA 7610 and he is hereby sentenced to suffer the indeterminate penalty of imprisonment of twelve (12) years and one (1) day of reclusion temporal as minimum, to fifteen years six months and 20 days of reclusion temporal as maximum, P15,000.00 as moral damages and P10,000 fine.

Costs de officio.

SO ORDERED.8

On appeal, the CA promulgated the assailed decision on May 8, 2012,9 affirming the conviction and decreeing:

WHEREFORE, premises considered, the instant appeal is hereby DENIED. The assailed Decision dated February 4, 2011, of the Regional Trial Court, Branch 172, Valenzuela City, in Crim. Case No. 70-V-10 is AFFIRMED with MODIFICATION that:

Appellant is hereby ordered to pay AAA the following:

1. P20,000.00 as civil indemnity

2. P15,000.00 as moral damages

3. P15,000.00 as exemplary damages, and to pay a fine amounting to P15,000.00.

SO ORDERED.10

The petitioner moved for reconsideration, but the CA denied his motion on August 6, 2012.11

Hence, this appeal, wherein the petitioner submits as the sole question to be considered and resolved:

WHETHER THE HONORABLE COURT OF APPEALS ERRED IN AFFIRMING THE TRIAL COURT'S DECISION DESPITE THE PROSECUTION'S FAILURE TO PROVE BEYOND REASONABLE DOUBT THE PETITIONER'S GUILT FOR THE CRIME CHARGED12

Ruling of the Court

The appeal lacks merit.

The petitioner argues that the circumstances surrounding the alleged lascivious conduct committed against AAA were not in accord with human experience; that it was quite strange that she did not shout for help although the room had no door, and there were then other persons in the house; and that she neither protested nor offered any resistance during the entire time she was being molested, which lasted for quite a time.

The arguments of the petitioner do not persuade.

The petitioner apparently assails the credibility of AAA. In that regard, he fails because the evidence of the Prosecution competently and firmly established his having touched the vagina of AAA at least twice. Also, his insistence that he did not exert any force or perform any act of intimidation lacks persuasion because the absence of force or intimidation was immaterial if AAA as the victim of the acts of lasciviousness was then below 12 years of age.

The failure of AAA to shout during the incident would not exculpate the petitioner. There is no standard behavior for a victim of a crime against chastity. Behavioral psychology teaches that people react to similar situations dissimilarly.13 AAA could have been submissive due to her tender age, but the fact that she did cry after the incident was a true indication, indeed, that she had felt violated. Worthy to note is that her own brother, upon noticing her crying, inquired why she was crying, and she then told him that the petitioner had touched her vagina.

We reiterate that assigning values to the declarations of witnesses as they testify is best and most competently performed by the trial judges on account of their unique opportunity to personally observe the witnesses and to assess the various indicia of their credibility then available but not reflected in the records. Whenever the credibility of any witness is in issue, the findings thereon of the trial court, its calibration of the testimonies of the witnesses and its assessment of the probative weight thereof, as well as its conclusions anchored on said findings are accorded high respect if not conclusive effect.14

Moreover, in prosecutions for acts of lasciviousness, the lone testimony of the offended party, if credible, is sufficient to establish the guilt of the accused.15 Youth, and, as is more applicable herein, immaturity of the victim are generally badges of truth that the courts cannot justly ignore.16

The contention of the petitioner that the charge was a mere fabrication of the victim's mother who held a grudge against him deserves scant consideration. The contention is nothing but a desperate attempt to escape the consequences of his depravity. No mother would contemplate subjecting her very young daughter to the humiliation, disgrace, exposure, anxiety and tribulation attendant to a public trial for a crime against chastity that in all likelihood would result in the incarceration of the accused unless she was motivated solely by the honest and sincere desire to have the person responsible apprehended and punished.17

The acts committed by the petitioner against AAA constituted acts of lasciviousness. The elements of acts of lasciviousness under Article 336 of the Revised Penal Code are, to wit: (1) the offender commits any act of lasciviousness or lewdness; (2) the act is done under any of the following circumstances: (a) by using force or intimidation, or (b) when the offended party is deprived of reason or otherwise unconscious or (c) when the offended party is under 12 years of age; and (3) the offended party is another person of either sex.18 Such acts are punished as sexual abuse under Republic Act No. No. 7610,19 whose elements under Section 5 of the law are namely: (1) the accused commits the acts of sexual intercourse or lascivious conduct; (2) the act is performed with a child exploited in prostitution or subjected to other sexual abuse; and (3) the child, whether male or female, is below 18 years of age.20

Section 2(h) of the Implementing Rules and Regulations of Republic Act No. No. 7610 defines lascivious conduct as:

The intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.21

Anent the penalty to be imposed on the petitioner, Section 5(b), Article III of Republic Act No. 7610 pertinently provides:

Section 5. Child Prostitution and Other Sexual Abuse - Children, whether male or female, who for money, profit, or any other consideration or due to coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

(a) x x x

(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, that the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; x x x

Pursuant to the foregoing, the penalty for lascivious conduct when the victim is under 12 years of age is reclusion temporal in its medium period, which ranges from 14 years, eight months and one day to 17 years and four months. Applying the Indeterminate Sentence Law, the penalty next lower to the statutory penalty is reclusion temporal in its minimum period (i.e., 12 years and one day to 14 years and eight months). Due to the absence of modifying circumstances, the statutory penalty is imposed in its medium period (i.e., 15 years, six months and 21 days to 16 years, five months and 10 days).

The gravity of the imposable penalty serves the declared policy of the State expressed in Section 2 of Republic Act No. 7610, viz.:

Section 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same.

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.

The CA affirmed the imposition of the indeterminate sentence of 12 years and one day of reclusion temporal in its minimum period as the minimum to 15 years, six months and 20 days of reclusion temporal in its medium period as the maximum. However, the maximum of the indeterminate sentence was short by one day, with the effect of imposing the legal penalty in its minimum period. We correct the penalty as a matter of course by fixing the indeterminate sentence of the petitioner at 12 years and one day of reclusion temporal in its minimum period, as the minimum, to 15 years, six months and 21 days of reclusion temporal in its medium period, as the maximum.

Another error of the CA that requires correction as a matter of course is the imposition of the fine of P15,000.00, increasing even the P10,000.00 set by the RTC as fine. The imposition of the fine by the lower courts had no legal basis because the law nowhere imposes it.22Nullum poenum sine lege.23 Considering that neither Article 336 of the Revised Penal Code nor Section 5 of Republic Act No. 7610, the laws governing this case, prescribes any fine, the imposition thereof is deleted.

Lastly, although there has been no issue raised as to the civil indemnity, moral and exemplary damages, we prescribe interest of 6% per annum on them reckoned from the finality of this decision until full payment.

WHEREFORE, the Court AFFIRMS the decision promulgated on May 8, 2012 subject to the MODIFICATIONS that: (1) the petitioner shall suffer the indeterminate penalty of 12 years and one day of reclusion temporal in its minimum period, as the minimum, to 15 years, six months and 21 days of reclusion temporal in its medium period, as the maximum; (2) the fine of P15,000.00 is deleted; and (3) the petitioner shall pay interest of 6% per annum on the civil indemnity, moral and exemplary damages reckoned from the finality of this decision until full payment.

Costs of suit to be paid by the petitioner.

SO ORDERED.

Velasco, Jr., (Chairperson), Peralta,* Reyes and Tijam, JJ., concur.

Endnotes:


* In lieu of Justice Francis H. Jardeleza, who inhibited due to his prior action as the Solicitor General, per the raffle of June 21, 2017.

1Rollo, pp. 29-41; penned by Associate Justice Juan Q. Enriquez, Jr., with the concurrence of Associate Justice Apolinario D. Bruselas, Jr. and Associate Justice Manuel M. Barrios.

2 Id. at 61-65; penned by Presiding Judge Nancy Rivas-Palmones.

3 Id. at 61.

4 Id.

5 Id. at 31.

6 Id. at 31-32.

7 Id. at 32-33.

8 Id. at 65.

9 Supra note 1.

10Rollo, p. 40.

11 Id. at 43-44.

12 Id. at 15.

13People v. Manalili, G..R. No. 184598, June 23, 2009, 590 SCRA 695, 712.

14People v, Basao, G..R. No. 189820, October 10, 2012, 683 SCRA 529, 542-543.

15People v. Mendoza, G..R. No. 180501, December 24, 2008, 575 SCRA 616, 633.

16People v. Cataytay, G.R. No. 19631 5, October 22, 2014, 739 SCRA 201.

17 People v. Ortoa, G.R. No. 174484, February 23, 2009, 580 SCRA 80, 93.

18People v. Banan, G..R. No. 193664, March 23,2011, 646 SCRA 420, 434.

19Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.

20Garingarao v. People, G..R. No. 192760, July 20, 2011, 654 SCRA 243, 253-254.

21People v. Bonaagua, G..R. No. 188897, June 6, 2011, 650 SCRA 620, 639.

22 See Article 21, Revised Penal Code, which states: "No felony shall be punishable by any penalty not prescribed by law prior to its commission."

23 Literally translated - There is no penalty without a law imposing it.




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  • G.R. No. 224143, June 28, 2017 - KEVIN BELMONTE Y GOROMEO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.M. No. P-17-3709 (Formerly OCA IPI No.13-4058-P), June 19, 2017 - JUDGE CELSO O. BAGUIO, Complainant, v. JOCELYN P. LACUNA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 34, GAPAN CITY, NUEVA ECIJA, Respondent.

  • OCA IPI No. 11-3800-RTJ, June 19, 2017 - OSCAR C. RIZALADO, Complainant, v. PRESIDING JUDGE GIL G. BOLLOZOS, REGIONAL TRIAL COURT, BR. 21, CAGAYAN DE ORO CITY, MISAMIS ORIENTAL, Respondent.; OCA IPI No. 12-3867-RTJ, June 19, 2017 - RE: LETTER-COMPLAINT DATED JUNE 27, 2011 OF OSCAR C. RIZALADO AGAINST JUDGE GIL BOLLOZOS, REGIONAL TRIAL COURT, BRANCH 21, CAGAYAN DE ORO CITY, RELATIVE TO G.R. NO. 188427 (CYNTHIA G. ESPANO, ET AL. v. DR. OTHELLO C. GUZMAN, ET AL.); OCA IPI No. 12-3897-RTJ, June 19, 2017 - OTHELLO C. GUZMAN, RICARDO GUZMAN, MARIO C. GUZMAN, SR., AND ROSARIO GUZMAN RIZALADO, Complainant, v. PRESIDING JUDGE GIL G. BOLLOZOS, REGIONAL TRIAL COURT, BRANCH 21, CAGAYAN DE ORO CITY, MISAMIS ORIENTAL, Respondent.; OCA IPI No. 13-4070-RTJ, June 19, 2017 - OSCAR C. RIZALADO, Complainant, v. PRESIDING JUDGE GIL G. BOLLOZOS, REGIONAL TRIAL COURT, BRANCH 21, CAGAYAN DE ORO CITY, MISAMIS ORIENTAL, Respondent.

  • A.C. No. 11600, June 19, 2017 - ROMULO DE MESA FESTIN, Complainant, v. ATTY. ROLANDO V. ZUBIRI, Respondent.

  • G.R. No. 218942, June 05, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROLANDO BISORA Y LAGONOY, Accused-Appellant.

  • G.R. No. 216937, June 05, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. TITO AMOC Y MAMBATALAN, Accused-Appellant.

  • A.M. No. MTJ-16-1870 [Formerly OCA I.P.I. No. 16-2833-MTJ], June 06, 2017 - RE: ANONYMOUS LETTER COMPLAINT, Complainant, v. JUDGE DIVINA T. SAMSON, MUNICIPAL CIRCUIT TRIAL COURT, MABINI-PANTUKAN, COMPOSTELA VALLEY, AND UTILITY WORKER FRANCISCO M. ROQUE, JR., MUNICIPAL CIRCUIT TRIAL COURT, MABINI-PANTUKAN, COMPOSTELA VALLEY, Respondents.

  • G.R. No. 223334, June 07, 2017 - DANILO BARTOLATA, REPRESENTED BY HIS ATTORNEY-IN-FACT REBECCA R. PILOT AND/OR DIONISIO P. PILOT, Petitioner, v. REPUBLIC OF THE PHILIPPINES, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, AND TOLL REGULATORY BOARD, Respondents.

  • G.R. No. 225743, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SANDY DOMINGO Y LABIS, Accused-Appellants.

  • G.R. No. 219070, June 21, 2017 - CONRADO R. ESPIRITU, JR., TERESITA ESPXRITU-GUTIERREZ, MARIETTA R. ESPIRITU-CRUZ, OSCAR R. ESPIRITU, AND ALFREDO R. ESPIRITU, Petitioners, v. REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 198583, June 28, 2017 - ARLYN ALMARIO-TEMPLONUEVO, Petitioner, v. OFFICE OF THE OMBUDSMAN, THE HONORABLE SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT AND CHITO M. OYARDO, Respondents.

  • G.R. No. 218970, June 28, 2017 - RICHARD ESCALANTE, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 194137, June 21, 2017 - AMBASSADOR HOTEL, INC., Petitioner, v. SOCIAL SECURITY SYSTEM, Respondent.

  • A.M. No. P-16-3604 [Formerly OCA I.P.I. No. 14-4245-P], June 28, 2017 - HEIRS OF DAMASO OCHEA, REPRESENTED BY MIGUEL KILANTANG, Complainant, v. ATTY. ANDREA P. MARATAS, BRANCH CLERK OF COURT, BRANCH 53, REGIONAL TRIAL COURT, LAPU-LAPU CITY, CEBU, Respondent.

  • G.R. No. 222538, June 21, 2017 - EDUARDO N. RIGUER, Petitioner, v. ATTY. EDRALIN S. MATEO, Respondent.

  • G.R. No. 228435, June 21, 2017 - KT CONSTRUCTION SUPPLY, INC., REPRESENTED BY WILLIAM GO, Petitioner, v. PHILIPPINE SAVINGS BANK, Respondent.

  • G.R. No. 200370, June 07, 2017 - MARIO VERIDIANO Y SAPI, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 198544, June 19, 2017 - SEAPOWER SHIPPING ENT., INC., Petitioner, v. HEIRS OF WARREN M. SABANAL, REPRESENTED BY ELVIRA ONG-SABANAL, Respondents.

  • G.R. No. 192391, June 19, 2017 - ESTATE OF HONORIO POBLADOR, JR., REPRESENTED BY RAFAEL A. POBLADOR, Petitioner, v. ROSARIO L. MANZANO, Respondent.

  • G.R. No. 218242, June 21, 2017 - PAULINO M. ALDABA, Petitioner, v. CAREER PHILIPPINES SHIP-MANAGEMENT, INC., COLUMBIA SHIPMANAGEMENT LTD., AND/OR VERLOU CARMELINO, Respondents.

  • G.R. No. 220718, June 21, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NICOLAS TUBILLO Y ABELLA, Accused-Appellant.

  • G.R. No. 210654, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PABLO LUAD ARMODIA, Accused-Appellant.

  • G.R. No. 208243, June 05, 2017 - EDWIN GRANADA REYES, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, THE SANDIGANBAYAN, AND PAUL JOCSON ARCHES, Respondents.

  • G.R. No. 200512, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELMER AVANCENA Y CABANELA, JAIME POPIOCO Y CAMBAYA1 AND NOLASCO TAYTAY Y CRUZ, Accused-Appellants.

  • A.M. No. P-16-3616 [Formerly OCA I.P.I. No. 15-4457-P], June 21, 2017 - ATTY. PROSENCIO D. JASO, Complainant, v. GLORIA L. LONDRES, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 258, PARA�AQUE CITY, Respondent.

  • G.R. No. 198066, June 07, 2017 - YOLANDO T. BRAVO, Petitioner, v. URIOS COLLEGE (NOW FATHER SATURNINO URIOS UNIVERSITY) AND/OR FR. JOHN CHRISTIAN U. YOUNG, Respondents.

  • G.R. No. 194152, June 05, 2017 - MAKILITO B. MAHINAY, Petitioner, v. DURA TIRE & RUBBER INDUSTRIES, INC., Respondent.

  • G.R. No. 212201, June 28, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO DENIEGA Y ESPINOSA, Accused-Appellants.

  • G.R. No. 219848, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GODOFREDO MACARAIG Y GONZALES, Accused-Appellant.

  • G.R. No. 213088, June 28, 2017 - LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB), Petitioner, v. G.V. FLORIDA TRANSPORT, INC., Respondent.

  • G.R. No. 214500, June 28, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v, MICHELLE DELA CRUZ, Accused-Appellants.

  • G.R. No. 226846, June 21, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JEFFREY MACARANAS Y FERNANDEZ, Accused-Appellants.

  • G.R. No. 224300, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE CUTARA Y BRIX, Accused-Appellant.

  • G.R. No. 176703, June 28, 2017 - MUNICIPALITY OF CAINTA, Petitioner, v. CITY OF PASIG AND UNIWIDE SALES WAREHOUSE CLUB, INC., Respondents.; G.R. No. 176721 - UNIWIDE SALES WAREHOUSE CLUB, INC., Petitioner, v. CITY OF PASIG AND MUNICIPALITY OF CAINTA, Respondents.

  • G.R. No. 220143, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JONATHAN BAAY Y FALCO, Accused-Appellant.

  • G.R. No. 203114, June 28, 2017 - VIRGILIO LABANDRIA AWAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 211108, June 07, 2017 - ALEJANDRO D.C. ROQUE, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 214301, June 07, 2017 - RAMON MANUEL T. JAVINES, Petitioner, v. XLIBRIS A.K.A. AUTHOR SOLUTIONS, INC., JOSEPH STEINBACH, AND STELLA MARS OUANO, Respondents.

  • G.R. No. 205283, June 07, 2017 - ABIGAIL L. MENDIOLA, Petitioner, v. VENERANDO P. SANGALANG, Respondent.

  • G.R. No. 212934, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BLAS GAA Y RODRIGUEZ, Accused-Appellant.

  • G.R. No. 224532, June 21, 2017 - CONSTANCIO CADERAO BALATERO, Petitioner, v. SENATOR CREWING (MANILA) INC., AQUANAUT SHIPMANAGEMENT LTD., ROSE AARON AND CARLOS BONOAN, MV MSC FLAMINIA, Respondents.; G.R. No. 224565, June 21, 2017 - SENATOR CREWING (MANILA) INC., AQUANAUT SHIPMANAGEMENT LTD., ROSE AARON AND CARLOS BONOAN, Petitioners, v. CONSTANCIO C. BALATERO, Respondents.

  • G.R. No. 225623, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LORENZO RAYTOS Y ESPINO, Accused-Appellant.

  • G.R. No. 207001, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RICHARD F. TRIPOLI AND ROMULO B. IMPAS, Accused-Appellants.

  • G.R. No. 191174, June 07, 2017 - PARADIGM DEVELOPMENT CORPORATION OF THE PHILIPPINES, Petitioner, v. BANK OF THE PHILIPPINES ISLANDS, Respondent.

  • G.R. No. 217459, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALBERTO FORTUNA ALBERCA, Accused-Appellant.

  • G.R. No. 220758, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. STEPHAN CABILES Y SUAREZ A.K.A. "KANO", Accused-Appellant.

  • G.R. No. 177000, June 19, 2017 - NESTOR GUELOS, RODRIGO GUELOS, GIL CARANDANG AND SPO2 ALFREDO CARANDANG Y PRESCILLA, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 221096, June 28, 2017 - CLAUDIA'S KITCHEN, INC. AND ENZO SQUILLANTINI, Petitioners, v. MA. REALIZA S. TANGUIN, Respondent.

  • G.R. No. 206702, June 07, 2017 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE NATIONAL IRRIGATION ADMINISTRATION, Petitioner, v. ROLANDO C. CEBUAN, RUBEN C. CEBUAN, ERIC C. CEBUAN, SAMUEL C. BARING, BEATRICE A. LOW, LEONORE L. DE LA SERNA AND HEIRS OF LORENZO UMBAAD, Respondents

  • G.R. No. 227005, June 19, 2017 - BDO UNIBANK, INC., Petitioner, v. ENGR. SELWYN LAO, DOING BUSINESS UNDER THE NAME AND STYLE "SELWYN F. LAO CONSTRUCTION" AND "WING AN CONSTRUCTION AND DEVELOPMENT CORPORATION" AND INTERNATIONAL EXCHANGE BANK (NOW UNION BANK OF THE PHILIPPINES), Respondents.

  • G.R. No. 227306, June 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROBERTO ESPERANZA JESALVA ALIAS "ROBERT SANTOS," Accused-Appellants.

  • G.R. No. 224144, June 28, 2017 - LOLITA BAS CAPABLANCA, Petitioner, v. HEIRS OF PEDRO BAS, REPRESENTED BY JOSEFINA BAS ESPINOSA AND REGISTER OF DEEDS OF THE PROVINCE OF CEBU, Respondents.

  • G.R. No. 216987, June 05, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WILFREDO PACAYRA Y MABUTOL, Accused-Appellant.

  • G.R. No. 222685, June 21, 2017 - LORETA SAMBALILO, SALVADOR SAMBALILO, ZOILO SAMBALILO, JR. AND RENANTE SAMBALILO, Petitioners, v. SPOUSES PABLO LLARENAS AND FE LLARENAS, Respondents.

  • G.R. No. 221085, June 19, 2017 - RAVENGAR G. IBON, Petitioner, v. GENGHIS KHAN SECURITY SERVICES AND/OR MARIETTA VALLESPIN, Respondents.

  • G.R. No. 202091, June 07, 2017 - SUMIFRU (PHILIPPINES) CORP. (SURVIVING ENTITY OF A MERGER WITH FRESH BANANA AGRICULTURAL CORPORATION AND OTHER CORPORATIONS), Petitioner, v. NAGKAHIUSANG MAMUMUO SA SUYAPA FARM1 (NAMASUFA-NAFLU-KMU), Respondent.

  • G.R. No. 198485, June 05, 2017 - MARUBENI PHILIPPINES CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 220977, June 19, 2017 - PO1 CELSO TABOBO III Y EBID, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 196650, June 07, 2017 - SPECTRUM SECURITY SERVICES, INC., Petitioner, v. DAVID GRAVE, ARIEL V. AROA, TOMASINO R. DE CHAVEZ, JR., LUCITO P. SAMARITA, SAIDOMAR M. MAROHOM, LITO V. MAHILOM AND OLIVER N. MARTIN, Respondents.

  • G.R. No. 159139, June 06, 2017 - INFORMATION TECHNOLOGY FOUNDATION OF THE PHILIPPINES, MA. CORAZON M. AKOL, MIGUEL UY, EDUARDO H. LOPEZ, AUGUSTO C. LAGMAN, REX C. DRILON, MIGUEL HILADO, LEY SALCEDO, AND MANUEL ALCUAZ, JR., Petitioners, v. COMMISSION ON ELECTIONS, COMELEC CHAIRMAN BENJAMIN ABALOS, SR., COMELEC BIDDING AND AWARDS COMMITTEE CHAIRMAN EDUARDO D. MEJOS AND MEMBERS GIDEON DE GUZMAN, JOSE F. BALBUENA, LAMBERTO P. LLAMAS, AND BARTOLOME SINOCRUZ, JR., Respondents.; G.R. NO. 174777 - AQUILINO Q. PIMENTEL, JR., SERGIO R. OSME�A III, PANFILO M. LACSON, ALFREDO S. LIM, JAMBY A.S. MADRIGAL, LUISA P. EJERCITO-ESTRADA, JINGGOY E. ESTRADA, RODOLFO G. BIAZON, AND RICHARD J. GORDON, Petitioners, v. MA. MERCEDITAS NAVARRO-GUTIERREZ, IN HER CAPACITY AS OMBUDSMAN, Respondent.

  • G.R. No. 215195, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE DESCARTIN, JR. Y MERCADER, Accused-Appellant.

  • G.R. No. 220022, June 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WILTON ALACDIS Y ANATIL A.K.A. "WELTON", DOMINGO LINGBANAN (AT-LARGE), AND PEPITO ANATIL ALACDIS (AT-LARGE), Accused.; WILTON ALACDIS Y ANATIL A.K.A. "WELTON", Accused-Appellant.

  • A.M. No. P-15-3335 [Formerly A.M. No. 15-04-98-RTC], June 28, 2017 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ATTY. JEROME B. BANTIYAN, CLERK OF COURT VI AND ERLINDA G. CAMILO, FORMER OIC/COURT INTERPRETER, BOTH OF THE REGIONAL TRIAL COURT, BRANCH 34, BANAUE, IFUGAO, Respondents.

  • G.R. No. 219615, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAFAEL AGUDO Y DEL VALLE, Accused-Appellant.

  • G.R. No. 219590, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARCIAL M. PARDILLO, Accused-Appellant.

  • G.R. No. 224099, June 21, 2017 - ROMMEL M. ZAMBRANO, ROMEO O. CALIPAY, JESUS L. CHIN, LYNDON B. APOSAGA, BONIFACIO A. CASTA�EDA, ROSEMARIE P. FALCUNIT, ROMEO A. FINALLA, LUISITO G. GELLIDO, JOSE ALLI L. MABUHAY, VICENTE A. MORALES, RAUL L. REANZARES, DIODITO I. TACUD, ERNAN D. TERCERO, LARRY V. MUTIA, ROMEO A. GURON, DIOSDADO S. AZUSANO, BENEDICTO D. GIDAYAWAN, LOWIS M. LANDRITO, NARCISO R. ASI, TEODULO BORAC, SANTOS J. CRUZADO, JR., ROLANDO DELA CRUZ, RAYMUNDO, MILA Y. ABLAY, ERMITY F. GABUCAY, PABLITO M. LACANARIA, MELCHOR PE�AFLOR, ARSENIO B. PICART III, ROMEO M. SISON, JOSE VELASCO JR., ERWIN M. VICTORIA, PRISCO J. ABILO, WILFREDO D. ARANDIA, ALEXANDER Y. HILADO, JAIME M. CORALES, GERALDINE C. MAUHAY, MAURO P. MARQUEZ, JONATHAN T. BARQUIN, RICARDO M. CALDERON JR., RENATOR. RAMIREZ, VIVIAN P. VIRTUDES, DOMINGO P. COSTANTINO JR., RENATO A. MANAIG, RAFAEL D. CARILLO, Petitioners, v. PHILIPPINE CARPET MANUFACTURING CORPORATION/PACIFIC CARPET MANUFACTURING CORPORATION, DAVID E. T. LIM, AND EVELYN LIM FORBES, Respondents.

  • G.R. No. 209518, June 19, 2017 - MA. HAZELINA A. TUJAN-MILITANTE, Petitioner, v. ANA KARI CARMENCITA NUSTAD, AS REPRESENTED BY ATTY. MARGUERITE THERESE L. LUCILA, Respondent.

  • G.R. No. 208359, June 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DEMETRIO SABIDA Y SADIWA, Accused-Appellant.

  • G.R. No. 206114, June 19, 2017 - DOLORES ALEJO, Petitioner, v. SPOUSES ERNESTO CORTEZ AND PRISCILLA SAN PEDRO, SPOUSES JORGE LEONARDO AND JACINTA LEONARDO AND THE REGISTER OF DEEDS OF BULACAN, Respondents.

  • G.R. No. 192723, June 05, 2017 - LEOVIGILDO A. DE CASTRO, Petitioner, v. FIELD INVESTIGATION OFFICE, OFFICE OF THE OMBUDSMAN AND THE COMMISSIONER OF CUSTOMS, Respondents.

  • G.R. No. 207516, June 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. AMBROSIO OHAYAS, ROBERTO OWAS, FLORENCIO RAPANA, CERELO BALURO, EDDIE YAGUNO, RUPO YAGUNO AND JERRY YAGUNO, ACCUSED. AMBROSIO OHAYAS, Accused-Appellant.

  • A.C. No. 8371, June 28, 2017 - SPOUSES GERARDO MONTECILLO AND DOMINGA SALONOY, Complainant, v. ATTY. EDUARDO Z. GATCHALIAN, Respondent.

  • G.R. No. 208450, June 05, 2017 - SPS. ROBERTO ABOITIZ AND MARIA CRISTINA CABARRUS, Petitioners, v. SPS. PETER L. PO AND VICTORIA L. PO, Respondents.; G.R. No. 208497 - SPS. PETER L. PO AND VICTORIA L. PO, Petitioners, v. SPS. ROBERTO ABOITIZ AND MARIA CRISTINA CABARRUS, JOSE MARIA MORAZA, AND ERNESTO ABOITIZ AND ISABEL ABOITIZ, Respondents.

  • G.R. No. 218572, June 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BILLIE GHER TUBALLAS Y FAUSTINO, Accused-Appellant,

  • G.R. No. 202922, June 19, 2017 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SEMIRARA MINING CORPORATION, Respondent.

  • G.R. No. 198795, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MERCEDITAS MATHEUS Y DELOS REYES, Accused-Appellant.

  • G.R. No. 195003, June 07, 2017 - CITY OF BATANGAS, REPRESENTED BY HON. SEVERINA VILMA ABAYA, IN HER CAPACITY AS CITY MAYOR OF BATANGAS, Petitioner, v. PHILIPPINE SHELL PETROLEUM CORPORATION AND SHELL PHILIPPINES EXPLORATION B.V., Respondents.

  • G.R. No. 198162, June 21, 2017 - CORAZON M. LACAP, Petitioner, v. SANDIGANBAYAN [FOURTH DIVISION] AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 202086, June 21, 2017 - NORMAN PANALIGAN, IRENEO VILLAJIN, AND GABRIEL PENILLA, Petitioners, v. PHYVITA ENTERPRISES CORPORATION, Respondent.

  • G.R. No. 189102, June 07, 2017 - CHIQUITA BRANDS, INC. AND CHIQUITA BRANDS INTERNATIONAL, INC., Petitioners, v. HON. GEORGE E. OMELIO, REGIONAL TRIAL COURT, DAVAO CITY, BRANCH 14, SHERIFF ROBERTO C. ESGUERRA, CECILIO G. ABENION, AND 1,842 OTHER PLAINTIFFS IN CIVIL CASE NO. 95-45, Respondents.

  • G.R. No. 208001, June 19, 2017 - P/C SUPT. EDWIN A. PFLEIDER, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 225634, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALLAN JAO Y CALONIA AND ROGELIO CATIGTIG Y COBIO, Accused-Appellants.