FIRST DIVISION
PEOPLE OF THE
PHILIPPINES,
Appellee,
G.R.
No.
141766
November 18, 2003
-versus-
ROGER OSPIG,
Appellant.
D E C I S I O N
AZCUNA,
J.:
Before us is an
appeal from the Decision of the Regional Trial Court, Branch 6, of
Baguio
City, in Criminal Case No. 16420-R, finding appellant Roger Ospig
guilty
beyond reasonable doubt of the crime of rape. chanrobles virtuallaw libraryred
The Information[1]
against appellant reads:
That on or
about the 19th day of October, 1998, in the City of Baguio,
Philippines,
and within the jurisdiction of this Honorable Court, the above-named
accused,
with lewd design and by means of force and intimidation, did then and
there
willfully, unlawfully and feloniously have carnal knowledge of GAZELLE
SALAZAR, a minor who is 13 years of age, against her will and consent.chanrobles virtuallaw libraryred
When arraigned on April
19, 1999, appellant pleaded not guilty.[2]
Trial ensued. The Prosecution's
Evidence
Private complainant
Gazelle Salazar (Gazelle) is the 13-year-old daughter of Elizabeth
Salazar
(Elizabeth). Elizabeth is the common-law wife of Alejandro Salazar, who
is working in Saudi Arabia. Aside from Gazelle, Elizabeth has three
other
children, namely, Gladys, Alejandro (J.R.) and Harold.[3]
Appellant Roger Ospig
was the boyfriend of Elizabeth. In 1998, they lived together, without
the
benefit of marriage, at the boarding house of Elizabeth at Tam-awan,
Quezon
Hill, Baguio City. Elizabeth's children were not aware of their
relationship.[4]chanrobles virtuallaw libraryred
The house of Elizabeth
comprised of a living room and kitchen and one bedroom. The living room
and bedroom were divided by a wooden wall, and the door was covered
with
a curtain. The children slept in the bedroom, which had two beds: one
for
the two boys and the other for the two girls. Appellant slept on a
chair
or a foam in the living room. Elizabeth slept with the children,
particularly
on the bed of the boys. When appellant was around and the children were
still awake, Elizabeth would sleep in their room. After the children
were
asleep, Elizabeth would transfer to the living room and sleep with
appellant.
They had sexual intercourse only in the living room, unseen by the
children.[5]chanrobles virtuallaw libraryred
When appellant stayed
with Elizabeth and her children, he helped wash the dishes and the
clothes,
he took care of the children and cooked for them. He also helped
Gazelle
and Gladys in their studies.[6]chanrobles virtuallaw libraryred
At that time, Elizabeth
was working as a production worker at the Bay-Sport Manufacturing Inc.[7]
at the Export Processing Zone in Loakan, Baguio City.[8]
On October 18, 1998,
Elizabeth worked on night shift, that is, from 7:00 p.m. of October 18
to 7:00 a.m. of the next day, October 19, as evidenced by her daily
time
record[9]
and certificate of employment.[10]
Gazelle testified that in the early morning of October 19, 1998, when
her
mother was still at work, she woke up and saw appellant beside her.
Appellant
kissed her and her nipples, and inserted his finger in her vagina. He
had
already removed her underwear. Gazelle resisted by turning around and
lying
down on her front. Appellant went out to the sala. Gazelle put back her
underwear and went to sleep. Thereafter, appellant went back inside
Gazelle's
room and removed her shorts and underwear. Gazelle was not able to
resist
because appellant pinned her down with his hands. She did not shout
because
she was scared as he told her that he would kill her and her brothers
and
sister if she would shout. Appellant went on top of her, parted her
legs
and inserted his penis in her vagina and made an up and down movement.
She felt pain. She kicked him as hard as she could. He got off her and
went to the living room. She put on her shorts and underwear and went
back
to sleep. She told her 9-year-old sister, Gladys, about the incident.
She
did not inform her mother because every time they would approach her,
appellant
was around with a menacing look.[11]chanrobles virtuallaw libraryred
On December 24, 1998,
appellant left the house of Elizabeth because her common-law husband,
Alejandro,
was expected to arrive the next day, December 25. Alejandro stayed in
the
Philippines until January 1999.[12]chanrobles virtuallaw libraryred
On February 10, 1999,
Gladys went home at lunch time and told Elizabeth about the incident
which
Gazelle confided in her. Thereafter, Elizabeth fetched Gazelle in
school.
They went to the Department of Social Welfare and Development.[13]
Gazelle executed a sworn statement[14]
at the police station.chanrobles virtuallaw libraryred
On February 15, 1999,
upon referral by the Chief of the Women and Children Desk Section of
the
Baguio City Police Office, Dr. Vladimir V. Villasenor, regional chief
of
the PNP Crime Laboratory Service, Cordillera, examined Gazelle. He
found
that Gazelle's vagina exhibited deep healed lacerations at the 5:00 o'
clock and 8:00 o'clock positions, and her labia majora was already
gaping.
According to Dr. Villasenor, the lacerations and gaping labia majora
could
have been caused by the insertion of a foreign object like a fully
erect
male genital organ. He also testified that the deep healed lacerations
were compatible with the reported rape on or about October 19, 1998.
Dr.
Villasenor concluded that Gazelle was no longer a virgin.[15]
He prepared a Medico-legal Report,[16]
with the following findings:chanrobles virtuallaw libraryred
x
x
x
x x
x
x x x
GENERAL &
EXTRA-GENITAL:
Fairly
nourished,
fairly developed, coherent female child. Breast are conical with light
brown areola and nipples from which no secretion could be pressed out.
Abdomen is flat and tight.chanrobles virtuallaw libraryred
GENITAL:
There is
lanugo-type
growth of pubic hair. Labia majora are full convex and gaping with the
dark brown labia minora presenting in between. On separating the same,
is disclosed an elastic and fleshy-type hymen with deep healed
lacerations
at 5 & 8 o' clock positions. External vaginal orifice offers
moderate
resistance to the introduction of the examining index finger and the
virgin-size
vaginal speculum. Vaginal canal is narrow with prominent rugosities.
Cervix
is normal in size, color & consistency.chanrobles virtuallaw libraryred
CONCLUSION:
Subject
is
in non-virgin state physically.
There are no
external
signs of recent application of physical violence. REMARKS:
Peri-urethral
and vaginal smears are negative for gram-diplococci and for
spermatozoa
x x x.
During the trial,
appellant
wrote Elizabeth a letter[17]
dated August 20, 1999, which he handed to her in court.[18]
In said letter, appellant explained what happened the night he and
Elizabeth
had an argument. He claimed that after their argument, he went home,
drunk,
and mistook Gazelle for Elizabeth as it was dark, and he embraced and
kissed
her. He, however, denied that he raped Gazelle. He asked for
forgiveness.chanrobles virtuallaw libraryred
The Defense's
Evidence
Appellant Roger Ospig,
23 years old, single, a resident of Irisan, Baguio City, testified that
beginning January 1998, he stayed in the residence of Elizabeth Salazar
at Tam-awan, Baguio City, as her lover. Elizabeth told him that she was
already separated from her husband.[19]chanrobles virtuallaw libraryred
Appellant declared that
on October 1.8, 1998, he was in the boarding house of Elizabeth the
whole
day. Elizabeth was scheduled to work from 7:00 p.m. to 7:00 a.m. the
next
day. When she was preparing to go to work, he asked her why she always
arrived home late in the morning and told her that maybe she already
found
someone to replace him. Elizabeth got mad and shouted at him. She kept
on shouting at him, so he left the house to avoid her. He drank with
one
Danny at the billiard hall. They stopped drinking between 10 p.m. to
11:00
p.m., and he went home, drunk. He knocked at the door of the boarding
house,
but nobody answered. When he leaned on the door, it suddenly opened. He
entered the house and switched on the light, but there was no
electricity.
He went straight to the bedroom and lay down on the bed of Harold. He
embraced
a person lying there, thinking that she was Elizabeth. He kissed her
and
inserted his hand inside her underwear. He was surprised that he did
not
feel any pubic hair. When he was about to remove his hand, he felt a
strong
kick. It was Gazelle who kicked him. He fell down from the bed and
Gazelle
was spitting. He went out and washed his face, then slept in the sala.
He did not inform Elizabeth about the incident. He stayed at
Elizabeth's
house until December 24, 1998 because Elizabeth's husband was expected
to arrive.[20]chanrobles virtuallaw libraryred
Appellant was served
a warrant of arrest when he was at his residence in Irisan, Baguio
City.
He voluntarily went with the person who served said warrant of arrest.[21]chanrobles virtuallaw libraryred
He admitted that he
personally handed a letter to Elizabeth in court. He was asked why he
wrote
a part of the letter, marked as Exhibit "I-6," which reads: "Inamin ko
na sa iyo ang pangyayari at kung mahatulan man ako ng death sentence ay
wala akong magagawa. Patawarin ninyo na lang ako. Nagpapaliwanag lang
ako.
Hindi pa ito alam ng attorney ko kaya duda rin siya sa akin." Appellant
explained that he wrote said part of the letter to tell them that he
did
not commit the rape. If he will be hanged, it will be in their
conscience.
He denied that he raped Gazelle.[22]chanrobles virtuallaw libraryred
On January 12, 2000,
the trial court rendered a Decision, the dispositive portion of which
reads:
WHEREFORE,
the Court finds the accused Roger Ospig Guilty beyond reasonable doubt
of the crime of Rape as defined and penalized under Article 266-A in
relation
to Article 266-B of Republic Act 8353 as charged in the Information and
hereby sentences him to the penalty of Reclusion Perpetua; to indemnify
the victim Gazelle Salazar the amount of P50,000.00; and to pay the
costs.chanrobles virtuallaw libraryred
The accused Roger
Ospig
being a detention prisoner is entitled to be credited 4/5 of his
preventive
imprisonment in accordance with Article 29 of the Revised Penal Code in
the service of his sentence.chanrobles virtuallaw libraryred
SO ORDERED.[23]
Appellant raised this
lone
issue:
WHETHER OR
NOT
THE JUDGE COMMITTED ERRORS IN THE APPRECIATION OF THE FACTS OF THE CASE
AND RENDER[ED] A DECISION CONTRARY TO LAW AND JURISPRUDENCE.[24]chanrobles virtuallaw libraryred
The Court's
Ruling
Appellant contends that
the trial court failed to appreciate the contents of the private
complainant's
diary dated October 18, 1998, which was partly written in coded
symbols,
wherein she stated that she was only nearly abused by appellant on the
night her mother went to work and that the next day, appellant did not
abuse her. Appellant claims that the diary would show that he did not
commit
the crime of consummated rape, but only acts of lasciviousness or
attempted
raped.chanrobles virtuallaw libraryred
We are not
persuaded.chanrobles virtual law library
The entry referred to
by appellant in private complainant's diary,[25]
which is dated October 18, 1998, and marked as Exhibit "F-1," reads:
6:50 p.m.
101898
Sunday
You know what now
only
that I know that Tikay is pregnant. Mommy went to work and Kuya Roger
went
home (that's what I know). You know what when he nearly (coded symbols)
one (coded symbols) I (coded symbols) the next day he did not already
(coded
symbols) I'm really so smart. Last day (coded symbols) gave me P20.00
but
that (coded symbols) get it for the rice daw (dirty finger) him. You
know
what Tikay is just like hard up to breathe.chanrobles virtuallaw libraryred
Private complainant
sufficiently
explained the meaning of the aforequoted entry, and clarified that
there
was penile insertion by appellant which justified the complaint of
rape,
thus:chanrobles virtuallaw libraryred
x
x
x
x x
x
x x x
Atty. Andres:
Q Ms. Witness,
what
did the accused do to you for you to write this in Exh. F-1?
A He inserted his
penis
Ma'am.
Q And what did you
feel?
A Pain.
Q Now, you
likewise
testified that the accused inserted both his fingers in your vagina?
A Yes Ma'am.
Q And what did you
feel
when he did that to you?
A Painful also.[26]
The Court is not
convinced
by appellant's allegation that his initial attempt to have sex with
private
complainant was not followed by a subsequent consummated act as private
complainant testified in a straightforward manner, thus:chanrobles virtuallaw libraryred
x
x
x
x x
x
x x x
ATTY. ANDRES:
Q On that specific
morning
of October 19, 1998, you said you were sleeping. What happened, if any?
A I woke up and
then
I saw him beside me.
Q Who are you
referring
to as "he"?
A Roger Ospig.
Q And what was he
doing?
A He was kissing
me,
my nipples and inserting his finger in my vagina.
Q When he was
doing
that, what did you do?
A I turned around.
Q Why, what was
your
position at that time?
A I was lying on
my
back.
Q Now, you said
that
he was inserting his finger in your vagina. Why, at that time weren't
you
wearing any underpants?
A He removed it
already,
ma'am.
Q So, at that time
that
you woke up you were already naked waist down?
A Yes, ma'am.
Q And when you
turned
your back, to what direction did you turn your back?
A I slept on my
front.
Q And what did he
do
afterwards?
A He got out. x
x
x
x x
x
x x x
Q Now, after he
went
out after that specific incident, what did you do?
A I went back to
sleep. x
x
x
x x
x
x x x
Q At that time you
said
you were no longer wearing your underwear. Did you put it back?
A I put it back.
Q And then you
went
back to sleep?
A Yes, ma'am.
Q And thereafter,
was
there any other unusual incident that transpired?
A After that I
thought
he was sleeping already. Then he went back inside. Then he removed my
clothes.
Q Which clothes?
A My shorts and my
panty.
Q Did you resist
him
at that time?
A No, because he
was
holding me like that (witness demonstrating with her two hands raised
up
to her shoulders).
Q What do you mean
he
was holding you like that?
A He was pinning
me
at that position.
Q With the use of
what?
A His hands.
Q And did you not
scream?
A I did not
because
I was scared and he told me that he will kill me and my brothers and
sister
if I shout. x
x
x
x x
x
x x x
Q And when he was
pinning
you down, what did he do, if any?
A He inserted his
penis
in my vagina. x
x
x
x x
x
x x x
Q And, Ms.
Witness,
when he did that, how did you feel?
A I felt pain.
Q And did you do
anything
to resist him?
A Yes, ma'am.
Q What did you do?
A I kicked him as
hard
as I could. x
x
x
x x
x
x x x
Q Now, thereafter,
Ms.
Witness, after kicking him as hard as you could as you said, what
happened?
A He came down and
walked
towards the sala.
Q How about you?
What
did you do afterwards?
A I rolled back
although
I am not fond of that position, and I slept.
Q What about your
clothings,
what did you do about it considering that your shorts and panty were
removed
already?
A I put them back.[27]
The straightforward
testimony
of private complainant that she was raped by appellant was supported by
the Medico-Legal Report[28]
of Dr. Vladimir Villasenor who examined the private complainant. Dr.
Villasenor
testified, thus:chanrobles virtuallaw libraryred
x
x
x
x x
x
x x x
Q And after that
examination,
what was the next step that you have undertaken?
A I proceeded to
examine
the private organ of the victim.
Q What was your
finding?
A I noted down
that
the organ of the victim exhibits deep healed laceration which are
located
at 5 and 8 o' clock position.
Q Aside from the
deep
healed lacerations, what else did you find out in the genital organ of
Gazelle Salazar?
A The labia majora
of
the victim was already gaping at the time of the examination.
Q And what else
did
you find out?
A I also took
smears
but these were negative for gram diplococci and for spermatozoa.
Q You mentioned
having
found a deep healed laceration at 5 and 8 o' clock position. How do we
understand this 5 and 8 o' clock position?
A Comparing the
hymen
to the face of a watch and we refer the location of the deep healed
lacerations
on the 5 o' clock position of the watch as well as the 8:00 o' clock
position
of a watch.chanrobles virtuallaw libraryred
Q And what could
have
caused this hymenal laceration of Gazelle Salazar?
A This can be
caused
by the insertion of a foreign object, sir.
Q Like what?
A Like a fully
erect
male genital organ, sir.
Q Now, these
lacerations
appear to be deep healed lacerations, your examination of February 15,
1999, would this be compatible with the complaint of Gazelle Salazar
for
rape which reportedly happened on or about October 19, 1998?chanrobles virtuallaw libraryred
A Yes, it is still
compatible. x
x
x
x x
x
x x x
Q Now, what was
your
conclusion in your examination of Gazelle Salazar?
A I concluded that
the
subject is no longer a virgin or in a non-virgin state physically sir.[29]
Appellant also contends
that his testimony would show that he mistook private complainant for
her
mother, who is his live-in partner, since they had no electricity that
time, and that his acts of embracing and kissing her, and inserting his
hand in her underwear do not amount to rape.chanrobles virtuallaw libraryred
The contention is untenable.cralaw:red
The trial court correctly
ruled, thus:
"x
x
x Even assuming that initially there was a mistake on the
part
of the accused, the complainant Gazelle herself testified that on the
very
same occasion when accused first kissed her and inserted his finger in
her vagina, she immediately resisted him by turning away from him and
so
accused went out to the sala. Thus he already realized by then that it
was the young girl Gazelle and not the mother who was on the bed. But
the
incident did not end there. The accused went back after a few minutes
when
Gazelle fell asleep again. And this time he forced himself upon her and
consummated sexual intercourse with her despite her resistance and
struggle
and kicking him. There is no more excuse therefore of any mistaken
identity.
This simply means he wanted to satisfy his beastly desire to ravage the
young girl.[3]chanrobles virtuallaw libraryred
Appellant further
attacks
the credibility of private complainant for her inconsistent testimony.
Appellant asserts that private complainant testified on direct
examination
(August 18, 1999) that he inserted his penis in her vagina only when he
returned the second time, while on rebuttal (November 11, 1999), she
testified
that he inserted his penis in her vagina the first time he went to her
bed and also when he returned in the early morning of the next day.
We are, again, not persuaded.cralaw:red
The alleged inconsistency
does not detract from the fact that appellant indeed raped private
complainant,
which was supported by medical evidence.cralaw:red
Moreover, the trial
court's finding on the credibility of witnesses carry great weight and
respect and will be sustained by the appellate courts unless the trial
court overlooked, misunderstood or misapplied some facts or
circumstances
of weight and substance which will alter the assailed decision or
affect
the result of the case.[31]
We have carefully reviewed the records of this case and found no reason
to disturb the findings of the trial court. chanrobles virtuallaw libraryred
In addition, appellant
contends that the trial court failed to consider the mitigating
circumstance
of voluntary surrender in his favor.cralaw:red
We disagree.cralaw:red
The requisites for voluntary
surrender are:
(1) the
offender
has not been actually arrested;
(2) the offender
surrendered
himself to a person in authority; and
(3) the surrender
must
be voluntary.[32]
Voluntary surrender must be spontaneous and the intent of the accused
to
surrender unconditionally to the authorities must be shown because he
has
acknowledged his guilt or he wished to save the authorities the trouble
and expenses necessarily incurred in his search or capture.[33]chanrobles virtuallaw libraryred
Appellant wants the
Court
to consider as voluntary surrender the fact that he voluntarily went
with
the person who served him a warrant of arrest when he was at home.[34]
The records show that members of the PNP Criminal Investigation and
Detection
Group of Baguio City arrested appellant at about 6:00 p.m. of April 9,
1999 at his residence by virtue of a warrant of arrest.[35]
He was brought to the police department for documentation and
subsequently
turned over to the Baguio City Jail. Hence, the mitigating circumstance
of voluntary surrender cannot be considered against appellant since he
was actually arrested by the police and he merely submitted himself to
their authority. In People v. Baybado,[36]
the Court held that there can be no voluntary surrender if the warrant
of arrest showed that the defendant was in fact arrested.chanrobles virtuallaw libraryred
Appellant also contends
that his explanation about what really transpired during the incident
in
his letter to the mother of private complainant should be credited as a
mitigating circumstance of voluntary confession of guilt before the
court
prior to the presentation of evidence for the prosecution. Appellant
pointed
out that the prosecution had not rested its case when said letter was
presented
in court, and it was marked as evidence by both the prosecution and the
defense.cralaw:red
The contention is without
merit.cralaw:red
We cannot consider in
appellant's favor the mitigating circumstance of voluntary confession
of
guilt before the court prior to the presentation of evidence for the
prosecution
since the said letter was a denial of the rape charge, appellant
entered
a plea of "not guilty," and the letter was presented by the
prosecution,
not the defense, after two prosecution witnesses had testified before
the
court.chanrobles virtuallaw libraryred
The Offense and
the
Penalty
Article 266-A and Article
266-B of Republic
Act 8353, which are the applicable provisions of law at the time of
the commission of the offense, provide:
Article
266-A.
Rape; when and how committed. — Rape is committed —chanrobles virtuallaw libraryred
1) By a
man
who has carnal knowledge of a woman under any of the following
circumstances:
a)
Through
force, threat or intimidation;
b) When the
offended
party is deprived of reason or otherwise unconscious;
c) By means of
fraudulent
machination or grave abuse of authority; and
d) When the
offended
party is under twelve (12) years of age or is demented, even though
none
of the circumstances mentioned above be present x x x.chanrobles virtuallaw libraryred
Article 266-B.
Penalties.
— Rape under paragraph 1 of the next preceding article shall be
punished
by reclusion perpetua x x x.
Appellant raped private
complainant through force, threat or intimidation. Private complainant
testified that appellant returned to her in the early morning of
October
19, 1998 and succeeded in having sexual intercourse with her by pinning
her down and threatening to kill her and her brothers and sister if she
shouted for help.[37]
Appellant thus committed the crime of simple rape against private
complainant
for which the trial court correctly imposed the penalty of reclusion
perpetua.chanrobles virtuallaw libraryred
Damages
The trial court correctly
awarded the private complainant civil indemnity in the amount of
P50,000.
This is in the nature of actual or compensatory damages, and is
mandatory
upon a conviction for rape.[38]chanrobles virtuallaw libraryred
In addition, private
complainant is entitled to moral damages in the amount of P50,000
pursuant
to Article 2219 of the Civil
Code,[39]
without the necessity of additional pleading or proof other than the
fact
of rape.[40]
Moral damages is granted in recognition of the victim's injury
necessarily
resulting from the odious crime of rape.[41]chanrobles virtuallaw libraryred
WHEREFORE, the decision
of the Regional Trial Court, Branch 6, of Baguio City, in Criminal Case
No. 16420-R, finding appellant Roger Ospig guilty beyond reasonable
doubt
of the crime of rape and sentencing him to suffer reclusion perpetua
and
to pay civil indemnity in the amount of Fifty Thousand Pesos (P50,000)
is AFFIRMED with the modification that appellant is further ordered to
pay private complainant Gazelle Salazar moral damages in the amount of
Fifty Thousand Pesos (P50,000).chanrobles virtuallaw libraryred
Costs de oficio.chanrobles virtuallaw libraryred
SO ORDERED.chanrobles virtuallaw libraryred
Davide, Jr., C.J., Panganiban,
Ynares-Santiago and Carpio, JJ.,
concur.chan
robles virtual law library
____________________________
Endnotes:
[1]
Records, p. 1.chanrobles virtuallaw libraryred
[2]
Records, p. 23.chanrobles virtuallaw libraryred
[3]
TSN, August 24, 1999, pp. 2–3, 13; August 18, 1999, p. 6.chanrobles virtuallaw libraryred
[4]
TSN, August 24, 1999, pp. 3–5; November 11, 1999, pp. 15–16.chanrobles virtuallaw libraryred
[5]
TSN, August 23, 1999, pp. 24–25; August 24, 1999, pp. 17–20; August 18,
1999, p. 9; November 11, 1999, p. 27.
[6]
TSN, August 24, 1999, pp. 5–6.chanrobles virtuallaw libraryred
[7]
Exhibit "J," Folder of Exhibits, p. 19.chanrobles virtuallaw libraryred
[8]
TSN, August 24, 1999, p. 5.chanrobles virtuallaw libraryred
[9]
Exhibit "I," Folder of Exhibits, p. 18.chanrobles virtuallaw libraryred
[10]
Exhibits "J," Folder of Exhibits, p. 19.chanrobles virtuallaw libraryred
[11]
TSN, August 18, 1999, pp. 7–13.chanrobles virtuallaw libraryred
[12]
TSN, August 23, 1999, pp. 22–23; August 24, 1999, p. 30.
[13]
TSN, August 18, 1999, pp. 17–18.chanrobles virtuallaw libraryred
[14]
Exhibits "G-G-1," Records, pp. 7–8.chanrobles virtuallaw libraryred
[15]
TSN, August 10, 1999, pp. 2–12.chanrobles virtuallaw libraryred
[16]
Exhibit "E," Folder of Exhibits, p. 5.chanrobles virtuallaw libraryred
[17]
Exhibit "3," Folder of Exhibits, pp. 12–14.chanrobles virtuallaw libraryred
[18]
TSN, August 24, 1999, p. 7.chanrobles virtuallaw libraryred
[19]
TSN, September 22, 1999, pp. 2, 10–11, 19.chanrobles virtuallaw libraryred
[20]
TSN, September 23, 1999, pp. 9–13, 21–22.chanrobles virtuallaw libraryred
[21]
TSN, September 23, 1999, p. 22.chanrobles virtuallaw libraryred
[22]
TSN, September 23, 1999, pp. 18–21; October 22, 1999, p. 5.
[23]
Rollo, pp. 33–34.chanrobles virtuallaw libraryred
[24]
Rollo, p. 58.chanrobles virtuallaw libraryred
[25]
Exhibit "F," Folder of Exhibits, p. 6.chanrobles virtuallaw libraryred
[26]
TSN, August 23, 1999, p. 27.chanrobles virtuallaw libraryred
[27]
TSN, August 18, 1999, pp. 8–12.chanrobles virtuallaw libraryred
[28]
Exhibit "E," Folder of Exhibits, p. 5.chanrobles virtuallaw libraryred
[29]
TSN, August 10, 1999, pp. 10–12.chanrobles virtuallaw libraryred
[30]
Rollo, pp. 31–32.chanrobles virtuallaw libraryred
[31]
People v. Viajedor, G.R. No. 148138, April 11 2003, citing People v.
Banela,
301 SCRA 84, 90–91 (1999).
[32]
People v. Javier, 377 SCRA 300, 311 (2002); People v. Caber, Sr., 346
SCRA
166, 176 (2000).
[33]
People v. Javier, supra.chanrobles virtuallaw libraryred
[34]
TSN, September 23, 1999, p. 22.chanrobles virtuallaw libraryred
[35]
Records, p. 15.chanrobles virtuallaw libraryred
[36]
335 SCRA 712, 727 (2000).chanrobles virtuallaw libraryred
[37]
TSN, August 18, 1999, p. 10.chanrobles virtuallaw libraryred
[38]
People v. Viajedor, supra, note 31.chanrobles virtuallaw libraryred
[39]
39. Civil Code, Art. 2219. Moral damages may be recovered in the
following
and analogous cases: (1) A criminal offense resulting in physical
injuries;
(2) Quasi-delicts causing physical injuries; (3) Seduction, abduction,
rape, or other lascivious acts x x x.
[40]
People v. Viajedor, supra, note 31.chanrobles virtuallaw libraryred
[41]
Ibid.chanrobles virtuallaw libraryred |