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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated, Labor Relations, Volume II
of a 3-Volume Series 2017 Edition, 5th Revised Edition,

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UNITED STATES SUPREME COURT JURISPRUDENCE

PHILIPPINE SUPREME COURT JURISPRUDENCE

December-2015 Jurisprudence

G.R. No. 212058, December 07, 2015 - STAR ELECTRIC CORPORATION, Petitioner, v. R & G
CONSTRUCTION DEVELOPMENT AND TRADING, INC., Respondent.

G.R. No. 210445, December 07, 2015 - NILO B. ROSIT, Petitioner, v. DAVAO DOCTORS HOSPITAL AND DR.
ROLANDO G. GESTUVO, Respondent.

G.R. No. 195547, December 02, 2015 - MA. CORAZON M. OLA, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
G.R. No. 209418, December 07, 2015 - W.M. MANUFACTURING, INC., Petitioner, v. RICHARD R. DALAG
AND GOLDEN ROCK MANPOWER SERVICES, Respondent.

G.R. No. 197763, December 07, 2015 - SMART COMMUNICATIONS, INC., MR. NAPOLEON L. NAZARENO,
AND MR. RICKY P. ISLA, Petitioners, v. JOSE LENI Z. SOLIDUM, Respondent.; G.R. No. 197836 - JOSE LENI
Z. SOLIDUM, Petitioner, v. SMART COMMUNICATIONS, INC., MR. NAPOLEON L. NAZARENO, AND MR.
RICKY P. ISLA, Respondent.

G.R. No. 207633, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHNLIE
LAGANGGA Y DUMPA, Accused-Appellant.

G.R. No. 203115, December 07, 2015 - ISLAND OVERSEAS TRANSPORT CORPORATION/PINE CREST
SHIPPING CORPORATION/CAPT. EMMANUEL L. REGIO, Petitioners, v. ARMANDO M. BEJA, Respondent.

G.R. Nos. 216007-09, December 08, 2015 - PEOPLE OF THE PHILIPPINES, Petitioner, v. LUZVIMINDA S.
VALDEZ AND THE SANDIGANBAYAN (FIFTH DIVISION), Respondent.

G.R. No. 204275, December 09, 2015 - LILIOSA C. LISONDRA, Petitioner, v. MEGACRAFT INTERNATIONAL
CORPORATION AND SPOUSES MELECIO AND ROSEMARIE OAMIL, Respondent.

G.R. No. 201652, December 02, 2015 - HEIRS OF SIMEON LATAYAN, NAMELY: LEONIDES Q. LATAYAN,
ARIEL Q. LATAYAN, AND ETHEL Q. LATAYAN-AMPIL, REPRESENTED BY THEIR ATTORNEY-IN-FACT,
LEONIDES Q. LATAYAN, Petitioners, v. PEING TAN, JOHNNY TAN, HERMTNIGILDO CASALAN, WEBINO
VILLAREAL, DIOSCOROMOLO, DAMACINO BAYAWA, EDGAR NARITA, YOLANDA NARITA, POLICRONIA
CAPIONES, ANDRES LOZANO, GREGORIO YAGAO, EMILIANO GUMATAY, JESUS ALCONTIN, ADAM
DULAUON, MARIO PEREZ, LARRY CEMAFRANCA, FELIXBERTO BULADACO, CIPRIANOAHIT,
BUENAVENTURA B ACALSO AND SALDE ESPIA, Respondents.

G.R. No. 196415, December 02, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TOLEDO
POWER COMPANY, Respondent.; G.R. No. 196451 - TOLEDO POWER COMPANY, Petitioner, v.
COMMISSIONER OF INTERNAL REVENUE, Respondent.
G.R. No. 221318, December 16, 2015 - KABATAAN PARTY-LIST, REPRESENTED BY REPRESENTATIVE
JAMES MARK TERRY L. RIDON AND MARJOHARA S. TUCAY; SARAH JANE I. ELAGO, PRESIDENT OF THE
NATIONAL UNION OF STUDENTS OF THE PHILIPPINES; VENCER MARI E. CRISOSTOMO, CHAIRPERSON OF
THE ANAKBAYAN; MARC LINO J. ABILA, NATIONAL PRESIDENT OF THE COLLEGE EDITORS GUILD OF THE
PHILIPPINES; EINSTEIN Z. RECEDES, DEPUTY SECRETARY- GENERAL OF ANAKBAYAN; CHARISSE
BERNADINE I. BAÑEZ, CHAIRPERSON OF THE LEAGUE OF FILIPINO STUDENTS; ARLENE CLARISSE Y. JULVE,
MEMBER OF ALYANSA NG MGA GRUPONG HALIGI NG AGHAM AT TEKNOLOHIYA PARA SA
MAMAMAYAN (AGHAM); AND SINING MARIA ROSA L. MARFORI, Petitioners, v. COMMISSION
ELECTIONS, ON, Respondent.

G.R. Nos. 197096-97, December 07, 2015 - ANTONIO Z. KING, HEREIN REPRESENTED BY HIS ATTORNEY-
IN-FACT, EDGARDO SANTOS, Petitioner, v. FRANCISCO A. ROBLES, ANTONIO T. DATU, RENE A.
MASILUNGAN, RESTITUTO S. SOLOMON, RODRIGO MENDOZA, ROMEO MENDOZA REYNALDO DATU,
JOSEPH TIU, TERESITA TIU, ROGELIO GEBILAGUIN AND PRESCILLA GEBILAGUIN, Respondent.

G.R. No. 207112, December 08, 2015 - PILIPINAS TOTAL GAS, INC., Petitioner, v. COMMISSIONER OF
INTERNAL REVENUE, Respondent.

G.R. No. 210855, December 09, 2015 - ROLANDO S. ABADILLA, JR., Petitioner, v. SPOUSES BONIFACIO P.
OBRERO AND BERNABELA N. OBRERO, AND JUDITH OBRERO-TIMBRESA, Respondent.

G.R. No. 199314 [Formerly UDK No. 14553], December 07, 2015 - TAMBLOT SECURITY & GENERAL
SERVICES, INC., Petitioner, v. FLORENCIO ITEM, LEONARDO PALM A, RTCARDO UCANG, FLORENCRO
AMORA, REYNALDO DANO, APOLLO JOTOJOT, TEODORO BARONG, JUAN T. CUSI, TEODORO DE LOS
REYES, EFREN ESCOL, JOVANNE COSE, DARIO S. GEALON, JULIO ESPADA AND DARIO PAJE, Respondent.

G.R. No. 192659, December 02, 2015 - PHILIPPINE RACE HORSE TRAINER'S ASSOCIATION, INC.,
Petitioner, v. PIEDRAS NEGRAS CONSTRUCTION AND DEVELOPMENT CORPORATION, Respondent.

G.R. No. 218787, December 08, 2015 - LEO Y. QUERUBIN, MARIA CORAZON M. AKOL, AND AUGUSTO C.
LAGMAN, Petitioners, v. COMMISSION ON ELECTIONS EN BANC, REPRESENTED BY CHAIRPERSON J.
ANDRES D. BAUTISTA, AND JOINT VENTURE OF SMARTMATIC-TIM CORPORATION, TOTAL INFORMATION
MANAGEMENT CORPORATION, SMARTMATIC INTERNATIONAL HOLDING B.V. AND JARLTECH
INTERNATIONAL CORPORATION, REPRESENTED BY PARTNER WITH BIGGEST EQUITY SHARE,
SMARTMATIC-TIM CORPORATION, ITS GENERAL MANAGER ALASTAIR JOSEPH JAMES WELLS,
SMARTMATIC CHAIRMAN LORD MALLOCH-BROWN, SMARTMATIC-ASIA PACIFIC PRESIDENT CESAR
FLORES, AND ANY OR ALL PERSONS ACTING FOR AND ON BEHALF OF THE JOINT VENTURE, Respondent.

G.R. No. 179814, December 07, 2015 - WILFRED N.CHIOK, Petitioner, v. PEOPLE OF THE PHILIPPINES
AND RUFINA CHUA, Respondents.; G.R. No. 180021 - RUFINA CHUA, Petitioner, v. WILFRED N. CHIOK,
AND THE PEOPLE OF THE PHILIPPINES (AS AN UNWILLING CO-PARTY PETITIONER), Respondent.

G.R. No. 209324, December 09, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE BUREAU OF
CUSTOMS, Petitioner, v. PILIPINAS SHELL PETROLEUM CORPORATION, Respondent.

G.R. No. 213832, December 07, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GILBERT
MERCADO A.K.A. "BONG", Accused-Appellant.

G.R. No. 198270, December 09, 2015 - ARMILYN MORILLO, Petitioner, v. PEOPLE OF THE PHILIPPINES
AND RICHARD NATIVIDAD, Respondent.

G.R. No. 215201, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK
ANTHONY ROAQUIN Y NAVARRO, Accused-Appellant.

G.R. No. 203918, December 02, 2015 - SPOUSES AMADOR C. CAYAGO, JR. AND ERMALINDA B. CAYAGO,
Petitioners, v. SPOUSES EVELITO CANTARA AND SOLEDAD CANTARA, Respondents.

G.R. No. 203397, December 09, 2015 - AUGUSTO ONG TRINIDAD II, AUGUSTO ONG TRINIDAD III FOR
HIMSELF AND REPRESENTING LEVY ONG TRINIDAD AND ROHMEL ONG TRINIDAD, MARY ANN
NEPOMUCENO TRINIDAD FOR HERSELF AND ASSISTING HER MINOR CHILDREN JOAQUIN GERARD N.
TRINIDAD IV, JACOB GABRIEL N. TRINIDAD, AND JERED GYAN N. TRINIDAD, Petitioners, v. SPOUSES
BONIFACIO PALAD AND FELICIDAD KAUSAPIN, Respondent.

G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA,
OWNER, AND ENGR. JUANITO C. PAGCALIWAGAN, MANAGER, Petitioners, v. CAMILO ELARCOSA,
MARLON BANDA, DANTE L. BALAMAD, RODRIGO COLANSE, CHIQUITO PACALDO, ROBINSON PANAGA,
JUNIE ABUGHO, SBLVERIO NARISMA, ARMANDO GONZALES, TEOFILO ELBINA, FRANCISCO BAGUIO,
GELVEN RHYAN RAMOS, JULITO SIMAN, RECARIDO PANES, JESUS TINSAY, AGAPITO CANAS, JR., OLIVER
LOBAYNON, SIMEON BAGUIO, JOSEPH SALCEDO, DONIL INDINO, WILFREDO GULBEN, JESRILE TANIO,
RENANTE PAMON, RICHIE GULBEN, DANIEL ELLO, REXY DOFELIZ, RONALD NOVAL, NORBERTO BELARGA,
ALLAN BAGUIO, ROBERTO PAGUICAN, ROMEO PATOY, ROLANDO TACBOBO, WILFREDO LADRA, RUBEN
PANES, RUEL CABANDAY, AND JUNARD ABUGHO, Respondent.

G.R. No. 188638, December 09, 2015 - PHILIPPINE TRANSMARINE CARRIERS, INC. AND NORTHERN
MARINE MANAGEMENT, Petitioners, v. JOSELITO A. CRISTINO, DECEASED AND REPRESENTED BY HIS
WIFE SUSAN B. BERDOS, Respondent.

G.R. No. 211543, December 09, 2015 - DOMINGO G. PANGANIBAN, Petitioner, v. PEOPLE OF THE
PHILIPPINES., Respondent.

G.R. No. 209039, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MIRAFLOR
UGANIEL LERIO, Accused-Appellant.

G.R. No. 209559, December 09, 2015 - ENCHANTED KINGDOM, INC., Petitioner, v. MIGUEL J. VERZO,
Respondent.

G.R. No. 160399, December 09, 2015 - THE CITY OF ILOILO, REPRESENTED BY HON. MAYOR JERRY P.
TREÑAS, Petitioner, v. HON. JUDGE RENE B. HONRADO, PRESIDING JUDGE, REGIONAL TRIAL COURT,
BRANCH 29, ILOILO CITY, AND JPV MOTOR VEHICLE EMISSION TESTING & CAR CARE CENTER, CO.,
REPRESENTED BY JIM P. VELEZ, Respondent.

G.R. No. 159979, December 09, 2015 - CAPITAL INSURANCE AND SURETY CO., INC., Petitioner, v. DEL
MONTE MOTOR WORKS, INC., Respondent.

G.R. No. 213696, December 09, 2015 - QUANTUM FOODS, INC., Petitioner, v. MARCELINO ESLOYO AND
GLEN MAGSILA, Respondent.
G.R. No. 209040, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO
PATEÑO DAYAPDAPAN, Accused-Appellant.

G.R. No. 166581, December 07, 2015 - SOLIDBANK CORPORATION, Petitioner, v. COURT OF APPEALS,
NATIONAL LABOR RELATIONS COMMISSION, AND DANILO H. LAZARO, Respondents.; G.R. No. 167187 -
DANILO H. LAZARO, Petitioner, v. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION AND
SOLIDBANK CORPORATION, Respondents.

G.R. No. 200901, December 07, 2015 - SM INVESTMENTS CORPORATION, Petitioner, v. ESTELA MARFORI
POSADAS, MARIA ELENA POSADAS AND AIDA MACARAIG POSADAS. Respondents.

G.R. No. 208113, December 02, 2015 - DOLORES DIAZ, Petitioner, v. PEOPLE OF THE PHILIPPINES AND
LETICIA S. ARCILLA, Respondents.

G.R. No. 182375, December 02, 2015 - HADJA RAWIYA SUIB, Petitioner, v. EMONG EBBAH AND THE
HONORABLE COURT OF APPEALS, 22ND DIVISION, MINDANAO STATION, CAGAYAN DE ORO CITY,
Respondents.

G.R. No. 211210, December 02, 2015 - RADAR SECURITY & WATCHMAN AGENCY, INC., Petitioner, v.
JOSE D. CASTRO, Respondent.

G.R. No. 213814, December 02, 2015 - RAFAEL B. QUILLOPA, Petitioner, v. QUALITY GUARDS SERVICES
AND INVESTIGATION AGENCY AND ISMAEL BASABICA, JR., Respondents.

G.R. No. 193964, December 02, 2015 - ENGINEER BEN Y. LIM, RBL FISHING CORPORATION, PALAWAN
AQUACULTURE CORPORATION, AND PENINSULA SHIPYARD CORPORATION, Petitioners, v. HON.
SULPICIO G. GAMOSA, OFFICER-IN-CHARGE, NCIP REGIONAL HEARING OFFICE, REGION IV AND
TAGBANUA INDIGENOUS CULTURAL COMMUNITY OF BARANGAY BUENAVISTA, CORON, PALAWAN, AS
REPRESENTED BY FERNANDO P. AGUIDO, ERNESTO CINCO, BOBENCIO MOSQUERA, JURRY CARPIANO,
VICTOR BALBUTAN, NORDITO ALBERTO, EDENG PESRO, CLAUDINA BAQUID, NONITA SALVA, AND
NANCHITA ALBERTO, Respondents.
G.R. No. 197792, December 09, 2015 - CIVIL SERVICE COMMISSION, Petitioner, v. MADLAWI B.
MAGOYAG, Respondent.

G.R. No. 192947, December 09, 2015 - MELANIE E. DE OCAMPO, Petitioner, v. RPN-9/RADIO PHILIPPINES
NETWORK, INC., Respondent.

G.R. No. 204172, December 09, 2015 - HON. HERMOGENES E. EBDANE, JR., IN HIS OFFICIAL CAPACITY AS
ACTING SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), ATTY. JOEL L.
JACOB, IN HIS OFFICIAL CAPACITY AS OFFICER-IN-CHARGE, LEGAL SERVICE (DPWH), ATTY. OLIVER T.
RODULFO, IN HIS OFFICIAL CAPACITY AS HEAD, INTERNAL AFFAIRS OFFICE, (DPWH), AND HON. JAIME A.
PACANAN, IN HIS OFFICIAL CAPACITY AS REGIONAL DIRECTOR, (DPWH), REGIONAL OFFICE NO. VIII,
Petitioners, v. ALVARO Y. APURILLO, ERDA P. GABRIANA, JOCELYN S. JO, IRAIDA R. LASTIMADO, AND
FRANCISCO B. VINEGAS, JR., Respondents.

G.R. No. 215424, December 09, 2015 - ADINA B. MANANSALA, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.

G.R. No. 179741, December 09, 2015 - HEIRS OF SPOUSES HILARIO MARINAS AND BERNARDINA N.
MARINAS, Petitioners, v. BERNARDO FRIANEZA, RODRIGO FRIANEZA, ALEJANDRA FRIANEZA, HILARIO
VILLENA, SATURNINO VILLENA, FEDERICO FLORES, PEDRO FLORES AND MARCELINA RAMOS,
Respondents.

G.R. No. 190482, December 09, 2015 - DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY MS.
FRITZI C. PANTOJA IN HER CAPACITY AS PROVINCIAL AGRARIAN REFORM OFFICER OF LAGUNA,
Petitioner, v. IGMIDIO D. ROBLES, RANDY V. ROBLES, MARY KRIST B. MALIMBAN, ANNE JAMAICA G.
ROBLES, JOHN CARLO S. ROBLES AND CHRISTINE ANN V. ROBLES, Respondents.

G.R. No. 212825, December 07, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. NEXT
MOBILE, INC. (FORMERLY NEXTEL COMMUNICATIONS PHILS., INC.), Respondent.

G.R. No. 174387, December 09, 2015 - BF CORPORATION, Petitioner, v. WERDENBERG INTERNATIONAL
CORPORATION, Respondent.
G.R. No. 209689, December 02, 2015 - MARISSA B. QUIRANTE, Petitioner, v. OROPORT CARGO
HANDLING SERVICES, INC., ET AL. Respondents.

G.R. No. 202877, December 09, 2015 - NARRA NICKEL MINING AND DEVELOPMENT CORPORATION,
TESORO MINING AND DEVELOPMENT, INC., AND MCARTHUR MINING, INC., Petitioners, v. REDMONT
CONSOLIDATED MINES CORPORATION, Respondent.

G.R. No. 202947, December 09, 2015 - ASB REALTY CORPORATION, Petitioner, v. ORTIGAS & COMPANY
LIMITED PARTNERSHIP, Respondent.

G.R. No. 213229, December 09, 2015 - FILINVEST ALABANG, INC., Petitioner, v. CENTURY IRON WORKS,
INC., Respondent.

G.R. No. 210215, December 09, 2015 - ROGELIO S. NOLASCO, NICANORA N. GUEVARA, LEONARDA N.
ELPEDES, HEIRS OF ARNULFO S. NOLASCO, AND REMEDIOS M. NOLASCO, REPRESENTED BY ELENITA M.
NOLASCO Petitioners, v. CELERINO S. CUERPO, JOSELITO ENCABO, JOSEPH ASCUTIA, AND DOMILO
LUCENARIO, Respondents.

G.R. No. 206942, December 09, 2015 - VICENTE C. TATEL, Petitioner, v. JLFP INVESTIGATION AND
SECURITY AGENCY, INC., JOSE LUIS F. PAMINTUAN, AND/OR PAOLO C. TURNO, Respondents.

G.R. No. 209271, December 08, 2015 - INTERNATIONAL SERVICE FOR THE ACQUISITION OF AGRI-
BIOTECH APPLICATIONS, INC., Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA
AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASIÑO, DR. BEN
MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ
LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR.,
ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S.
HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.; CROP LIFE PHILIPPINES, INC., Petitioner-in-
Intervention.; G.R. No. 209276 - ENVIRONMENTAL MANAGEMENT BUREAU OF THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES, BUREAU OF PLANT INDUSTRY AND FERTILIZER AND
PESTICIDE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE, Petitioners, v. COURT OF APPEALS,
GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG
AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG,
LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY
MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER
SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE
LOPEZ, RESPONDENTS. CROP LIFE PHILIPPINES, INC. Petitioner-in-Intervention.; G.R. No. 209301 -
UNIVERSITY OF THE PHILIPPINES LOS BANOS FOUNDATION, INC., Petitioner, v. GREENPEACE SOUTHEAST
ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP.
TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE
UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO,
DR. WENCESLAO KIAT, JR., ATTY. HARRY R. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL
CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.; G.R. No.
209430 - UNIVERSITY OF THE PHILIPPINES, Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES),
MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO,
DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY.
MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO
KIAT, ATTY. HARRY R. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR
EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.

G.R. No. 169694, December 09, 2015 - MEGAWORLD PROPERTIES AND HOLDINGS, INC., EMPIRE EAST
LAND HOLDINGS, INC., AND ANDREW L. TAN, Petitioners, v. MAJESTIC FINANCE AND INVESTMENT CO.,
INC., RHODORA LOPEZ-LIM, AND PAULINA CRUZ, Respondents.

Philippine Supreme Court Jurisprudence > Year 2015 > December 2015 Decisions > G.R. No. 207633,
December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHNLIE LAGANGGA Y DUMPA,
Accused-Appellant.:

G.R. No. 207633, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHNLIE
LAGANGGA Y DUMPA, Accused-Appellant.
 G.R. No. 207633, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v.
JOHNLIE LAGANGGA Y DUMPA, Accused-Appellant.

PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

G.R. No. 207633, December 09, 2015

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHNLIE LAGANGGA Y DUMPA, Accused-Appellant.

DECISION

DEL CASTILLO, J.:

This is an appeal from the Decision1 dated April 16, 2013 of the Court of Appeals (CA) in CA-G.R. CR-HC
No. 00940 which affirmed the January 7, 2011 Decision2 of the Regional Trial Court (RTC), Branch 34,
Cabadbaran City, in Criminal Case No, 2004-45 finding appellant Johnlie Lagangga y Dumpa (appellant)
guilty beyond reasonable doubt of the crime of rape.

On March 9, 2004, an Information for rape under paragraph 1(a), Article 266-A of the Revised Penal
Code was filed against appellant. The accusatory portion of said Information reads:

That on or about the 9th day of February, 2004, at dawn, at x x x Agusan del Norte, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, by means of force, threat and
intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of one
"AAA,"3 against her will.

Contrary to law.4ChanRoblesVirtualawlibrary
During his arraignment on July 12, 2004, appellant entered a plea of not guilty. Soon after the pre-trial
conference, trial on the merits ensued.

Version of the Prosecution

The prosecution's version of the incident as summarized by the Office of the Solicitor General (OSG) and
adopted by the appellate court is as follows:

On February 9, 2004 at 2:00 A.M., private complainant (AAA), and her three (3) children were sleeping
inside the room of their house xxx when she was awakened by the presence of a man wearing black
clothes and a mask. Mistaking him for a dog, she simply shooed him away until she suddenly felt a knife
being poked at her neck. The man took off his makeshift mask that was made from a t-shirt and because
of the light from the kerosene lamp, private complainant recognized him as her neighbor and appellant
Johnlie Lagangga, which prompted her to shout "Oy! Johnlie ikaw man diay na! (So, Johnlie it was you)."
After covering her mouth, appellant boxed her on the stomach near the epigastric region or "kuto-kuto,"
rendering her unconscious.

When the private complainant regained consciousness at around 3:00 A.M., she saw appellant standing
outside the room. He threatened her, saying: "Basig ipablater ko nimo ugma, hasig mosumbong ka,
patyon ta na long ka karon. Rung mosumbong ka, patyong tamong tanan. (What if you will have me
blottered tomorrow? What if you will report? I might as well kill you now, if you will report, then I will
kill all of you.)"

Private complainant then noticed that her panty was gone, her private part smelled differently and that
"there was the presence of mucous and probably a secretion of the male organ," concluding that she
was used that night.

Private complainant's eldest son (BBB), who slept to the far right of his mother, was awakened along
with his other siblings [by] the commotion and started crying. He saw appellant on top of his
unconscious mother, undressing her and doing "a sort of push and pull movement or "kijo-kijo."

Despite appellant's threat, private complainant went to the house of their Purok president[,] Victoria
"Baby" Mordin, to report the incident. The two then sought the help of Mordin's friend, Senior Police
Officer 3 (SPO3) Paterno Magdula. SP03 Magdula later accompanied them to the Santiago Police Station
where the police interviewed and took the affidavits of both Mordin and the private complainant.
Private complainant's son was later fetched by [the] police from their home [and] brought to the police
station, where he gave his sworn statement on the incident.5ChanRoblesVirtualawlibrary

Version of the Defense

In his defense, appellant admitted having sexual intercourse with "AAA" but claimed it to be a
consensual congress. As summarized by the Public Attorney's Office, his version of the incident is as
follows:

In sum, his testimony would prove that on February 8, 2004 at around 6:00 o'clock in the evening, he
arrived home from work in the mountain of Matinggi. Nobody was home, so he left and went to the
house of the Purok President, Baby Mordin[,] at [a]round 7:00 o'clock in the evening, and found out that
several people had a drinking session there. He took one shot of Kulafo, an alcoholic beverage, then
returned home to take his supper. Thereafter, he went to the artesian well to wash his body and saw
(AAA) fetching water. (AAA) asked him if he saw her husband in the mountain and after he answered in
the negative, (AAA) invited him to go to her house later. At around 10:00 o'clock that evening, he went
to the house of (AAA) and waited for the latter at the sala. (AAA) came out from her room about two
minutes later; they talked briefly and then had sex. There was no light in the sala, only an illumination
from outside, and (AAA) undressed herself. Their sexual intercourse took only a few minutes, then he
went home and slept. To his great surprise, he was arrested the following
day.6ChanRoblesVirtualawlibrary

Ruling of the Regional Trial Court

On January 7, 2011, the RTC rendered its Decision rinding appellant guilty beyond reasonable doubt of
rape and sentencing him to suffer the penalty of reclusion perpetua. He was also ordered to pay "AAA"
the amount of P50,000.00 as civil indemnity without subsidiary imprisonment in case of insolvency.

Ruling of the Court of Appeals

On appeal, the CA affirmed with modification the RTC Decision by awarding, in addition to the civil
indemnity, the amount of P50,000.00 as moral damages and P30,000.00 as exemplary damages, with
interest at 6% per annum on all the amounts awarded from the date of finality of the judgment until
fully paid.
Undeterred, appellant is now before this Court via the preset appeal to gain a reversal of his conviction.
He adopts the same argument he raised in his brief submitted before the CA, viz.:

THE COURT A QUO GRAVELY ERRED IN CONVICTING ACCUSED-APPELLANT DESPITE THE FAILURE OF THE
PROSECUTION TO PROVE HIS GUILT BEYOND REASOABLE DOUBT.7ChanRoblesVirtualawlibrary

Our Ruling

The appeal is barren of merit.

"Since the crime of rape is essentially one committed in relative isolation or even secrecy, it is usually
only the victim who can testify with regard to the fact of the forced coitus. In its prosecution, therefore,
the credibility of the victim is almost always the single and most important issue to deal with."8 "If the
testimony of the victim is credible, convincing and consistent with human nature and the normal course
of things, the accused may be convicted solely on the basis thereof."9

Essentially, the argument of appellant as premised, boils down to the issue of credibility. Often, when
the credibility of the witness is in issue, the trial court's assessment is accorded great weight unless it is
shown that it overlooked, misunderstood or misappreciated a certain fact or circumstance of weight
which, if properly considered, would alter the result of the case.10

In the present case, the RTC found "AAA's" account of her painful ordeal credible and sincere and gave it
full probative weight. "AAA's" positive identification of appellant as the one who threatened her by
poking a knife at her and her testimony that he boxed her on the abdomen rendering her unconscious
and upon regaining consciousness noticed that her undergarment was removed, are clear and
consistent. The CA was convinced of the veracity of "AAA's" testimony. Thus:

Here, private complainant narrated a realistic account of her ordeal in a simple yet clear-cut manner.
She expressed her anger and bitterness towards appellant who, by his dastardly act, ruined her and her
family. Nowhere in the course of her testimony, not even in her cross examination, did it appear that
she was impelled by improper motive.

The testimony of a witness who has no motive or reason to falsify or perjure oneself should be given
credence. A virtuous woman will not, as [a] rule, admit in public that she had been raped, as she thereby
blemishes her honor and compromises her future, unless she is telling the truth. It is her natural instinct
to protect her honor. The testimony of a married rape victim is given full weight and credence because
no married woman with a husband and children would place herself on x x x public trial for rape where
she would be subjected to suspicion, morbid curiosity, malicious imputations, and close scrutiny of her
personal life, not to speak of a humiliation and scandal she and her family would suffer, if she was
merely concocting her charge and would not be able to prove it in court.11ChanRoblesVirtualawlibrary

The absence of a medical certificate is not fatal to the cause of the prosecution. Case law has it that in
view of the intrinsic nature of rape, the only evidence that can be offered to prove the guilt of the
offender is the testimony of the offended party. "Even absent a medical certificate, her testimony,
standing alone, can be made the basis of conviction if such testimony is credible. Moreover, the absence
of external injuries does not negate rape. In fact, even the [presence] of spermatozoa is not an essential
element of rape."12

Appellant contends that he cannot be convicted of a crime entirely different from that alleged in the
Information. According to him, from the tenor of the RTC's January 7, 2011 Decision, it appears that he
was convicted of rape while "AAA" was under the state of unconsciousness. In the Information,
however, he was accused of rape committed thru force and intimidation. He thus claims that his right to
due process was violated.

We are not persuaded. An information that fails to allege that the offense was committed while the
victim was unconscious is deemed cured by the failure of the accused to question before the trial court
the sufficiency of the information or by his failure to object to the presentation of evidence tending to
establish that the crime was committed through such means. Apparently, appellant participated in the
trial without raising any objection to the prosecution's evidence. Besides, as correctly observed by the
CA, "AAA's" unconsciousness was the direct result of the force employed by appellant when he boxed
the former on her stomach.

More importantly, appellant admitted having sexual intercourse with "AAA" at the latter's house
although he claimed that the sexual intercourse was consensual since they were lovers. The Court
cannot subscribe to appellant's "sweetheart" theory and exculpate him from the charge. For one, such
claim is self-serving since it was not substantiated by the evidence on record. And even if "AAA" and
appellant were sweethearts, this fact does not necessarily negate rape. As has been consistently ruled,
"a love affair does not justify rape, for the beloved cannot be sexually violated against her will."13
"[L]ove is not a license for lust"14 More importantly, what destroyed the veracity of appellant's
"sweetheart" defense are "AAA's" credible declaration that he is not her sweetheart and her vehement
denial that he courted her.15
In fine, the Court finds no cogent reason to overturn the RTC's finding, which was affirmed by the CA,
that appellant employed force and intimidation on "AAA," who consequently lost consciousness, to
perpetrate the offense charged.

The Penalty

Rape as defined and penalized under paragraph 116 of Article 266-A in relation to Article 266-B17 of the
Revised Penal Code, as amended, is punishable by reclusion perpetua. Consequently, the penalty of
reclusion perpetua imposed by the RTC and affirmed by the CA is proper.

The Civil Liability

With respect to the civil liability of appellant, the Court finds that the CA correctly affirmed the RTC's
award of P50,000.00 as civil indemnity and the CA's additional awards of P50,000.00 as moral damages
even without need of further proof and P30,000.00 as exemplary damages, with interest at 6% per
annum on all the damages awarded from the date of finality of the judgment until fully paid as proper.

WHEREFORE, the appeal is DISMISSED. The assailed Decision of the Court of Appeals dated April 16,
2013 in CA-G.R. CR-HC No. 00940 is AFFIRMED.

SO ORDERED.chanroblesvirtuallawlibrary

Carpio, (Chairperson), Perez,*Mendoza, and Leonen, JJ., concur.chanrobleslaw

Endnotes:

* Per Special Order No. 23 01 dated December 1, 2015.

1 CA rollo, pp. 80-95; penned by Associate Justice Edgardo T. Lloren and concurred in by Associate
Justices Marie Christine Azcarraga-Jacob and Henri Jean Paul B. Inting.
2 Records, pp. 143-150; penned by Judge Godofredo B. Abul, Jr.

3 "The identity of the victim or any information which could establish or compromise her identity, as
well as those of her immediate family or household members, shall be withheld pursuant to Republic
Act No. 7610, An Act Providing for Stronger Deterrence And Special Protection Against Child Abuse,
Exploitation And Discrimination, And for Other Purposes; Republic Act No. 9262, An Act Defining
Violence Against Women And Their Children, Providing For Protective Measures For Victims, Prescribing
Penalties Therefor, And for Other Purposes; and Section 40 of A.M. No. 04-10-11-SC, known as the Rule
on Violence against Women and Their Children, effective November 5, 2004." People v. Dumadag, G.R.
No. 176740, June 22, 2011, 652 SCRA 535, 538-539.

4 Records, p. 1.

5 CA rollo, pp. 60-62.

6 Id. at 28-29.

7 Id. at 25.

8People v. Resurrection, 609 Phil. 726, 733 (2009).

9Dizon v. People, 616 Phil. 498, 508 (2009).

10People v. Mateo, 588 Phil. 543, 553-554 (2008).

11 CA rollo, p. 93.
12People v. Pelagio, 594 Phil. 464, 475 (2008).

13People v. Nogpo, Jr., 603 Phil. 722, 743 (2009).

14 Id.

15 TSN, February 7, 2005, p. 12.

16 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:

Through force, threat and intimidation;

When the offended party is deprived of reason or is otherwise unconscious;

By means of fraudulent machination or grave abuse of authority;

When the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above is present;

17 ART. 266-B. Penalties. Rape under paragraph 1 of the next preceding article shall be punished by
reclusion perpetua.

G.R. No. 207633, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHNLIE
LAGANGGA Y DUMPA, Accused-Appellant.

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