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G.R. No. 199067 November 11, 2013
NISSAN GALLERY-ORTIGAS,Petitioner,
vs.
PURIFIAION F. FELIPE,Respondent.
D E C I S I O N
!EN"O#A, J.:
This petition for review on certiorari under Rule 4 or the Rules or
Court see!s to review, reverse and set aside the "une #$, %$&&
Decision&or the Court of 'ppeals (C') in C'*+.R. SP No.
&%$&$$,%and its Octoer %&, %$&& Resolution,#for ein- issued in
a anner not in accord with law and /urisprudence.
This case steed fro a criinal coplaint for violation or
0atas Paansa 0l-. %% (0P %%) filed 1 petitioner Nissan
+aller1*Orti-as Nissan), an entit1 en-a-ed in the usiness or car
dealership, a-ainst respondent Purificacion 2. 2elipe
(Purificacion) with the Office of the Cit1 Prosecutor of 3ueonCit1. The said office found proale cause to indict Purificacion
and filed an Inforation efore the 5etropolitan Trial Court,
(raffled to 0ranch 4&), 3ueon Cit1 (5eTC), for her issuance of a
postdated chec! in the aount of P&,$%$,$$$.$$, which was
suse6uentl1 dishonored upon presentent due to 7STOP
P'85ENT.7
Purificacion issued the said chec! ecause her son, 2rederic!
2elipe (2rederic!), attracted 1 a hu-e discount ofP%%$,$$$.$$,
purchased a Nissan Terrano 494 sports and utilit1 vehicle (S:;)
fro Nissan. The ter of the transaction was Cash*on*Deliver1
and no downpa1ent was re6uired. The S:; was delivered on
5a1 &4, &
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or autoaticall1 ade her a part1 to the contract.Thus, the
decretal portion of the /ud-ent readsA
BERE2ORE, findin- erit therefro, the instant petition is
+I;EN D:E CO:RSE and is here1 +R'NTED. The Decision
and Order dated Deceer %%, %$$@ and 5a1 %$, %$$
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Purificacion was char-ed with violation of 0P %% for alle-edl1
issuin- a worthless chec!. The essential eleents of the offense
of violation of 0P %% are the followin-A
(&) The a!in-, drawin-, and issuance of an1 chec! to appl1 for
account or for value (%) The !nowled-e of the a!er, drawer, or
issuer that at the tie of issue there were no sufficient funds in or
credit with the drawee an! for the pa1ent of such chec! in full
upon its presentent and (#) The dishonor of the chec! 1 the
drawee an! for insufficienc1 of funds or credit or the dishonor for
the sae reason had not the drawer, without an1 valid cause,
ordered the drawee an! to stop pa1ent.%$
ere, the first and third eleents were dul1 proven in the trial.
Purificacion, however, was ac6uitted fro criinal liailit1
ecause of the failure of the prosecution to prove the fact of
notice of dishonor. Of the three (#) eleents, the second eleent
is the hardest to prove as it involves a state of ind. %&Thus,
Section % of 0P %% creates a presuption of !nowled-e of
insufficienc1 of funds which, however, arises onl1 after it is proved
that the issuer had received a written notice of dishonor and that
within five () da1s fro receipt thereof, he failed to pa1 the
aount of the chec! or to a!e arran-eents for its pa1ent.%%
Purificacion was ac6uitted ecause the eleent of notice of
dishonor was not sufficientl1 estalished.1wphi1Nevertheless,
the act or oission fro which her civil liailit1 arose, which was
the a!in- or the issuin- of the su/ect worthless chec!, clearl1
e9isted. er ac6uittal fro the criinal char-e of 0P %% was
ased on reasonale dout and it did not relieve her of the
correspondin- civil liailit1. The Court cannot a-ree ore when
the 5eTC ruled thatA
' person ac6uitted of a criinal char-e, however, is not
necessaril1 civill1 free ecause the 6uantu of proof re6uired in
criinal prosecution (proof e1ond reasonale dout) is -reater
than that re6uired for civil liailit1 (ere preponderance of
evidence). In order to e copletel1 free fro civil liailit1, a
person>s ac6uittal ust e ased on the fact he did not coit
the offense. If the ac6uittal is ased erel1 on reasonale dout,
the accused a1 still e held civill1 liale since this does not
ean he did not coit the act coplained of. It a1 onl1 e that
the facts proved did not constitute the offense char-ed.%#
The Court is also one with the C' when it stated that the liailit1
of Purificacion was liited to her act of issuin- a worthless chec!.
The Court, however, does not a-ree with the C' when it went to
state further that 1 her ac6uittal in the criinal char-e, there was
no ore asis for her to e held civill1 liale to Nissan. The
ac6uittal was /ust ased on reasonale dout and it did not
chan-e the fact that she issued the su/ect chec! which was
suse6uentl1 dishonored upon its presentent.
Purificacion herself aditted havin- issued the su/ect chec! in
the aount of P&,$%$,$$$.$$ after 2rederic! as!ed her to do it as
pa1ent for his oli-ation with Nissan. er clai that she issued
the chec! as a ere 7show chec!7 to oost 2rederic!>s credit
standin- was not convincin- ecause there was no credit
standin- to oost as her son had alread1 defaulted in his
oli-ation to Nissan. ad it een issued prior to the sale of the
vehicle, the 7show chec!7 clai could e -iven credence. It was
not, however, the case here. It was clear that she assued herson>s oli-ation with Nissan and issued the chec! to pa1 it. The
ar-uent that it was a ere 7show chec!7 after her son was
alread1 in default its sipl1 ludicrous.
The Court shall not e elaored with the issue of whether or not
Purificacion was an accoodation part1 ecause she was not.
+rantin- that she was, it is with ore reason that she cannot
escape an1 civil liailit1 ecause Section %
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'sent unlawful a--ression, there can e no self*defense,
coplete or incoplete.
0ut all is not lost. The severe eatin-s repeatedl1 inflicted on
appellant constituted a for of cuulative provocation that ro!e
down her ps1cholo-ical resistance and self*control. This
ps1cholo-ical paral1sis she suffered diinished her will power,
there1 entitlin- her to the iti-atin- factor under para-raphs o4 )5er 2 (o4r*=
A' I )m /o *4re :(e/ (e +)me b)+ 5or 5oo:-4. ?1@
Ta!en in its entiret1, there is a dearth of edical evidence on
record to support the prosecutions clai that Rufino would have
died without tiel1 edical intervention. Thus, the Court finds
'rnel liale onl1 for attepted hoicide and entitled to the
iti-atin- circustance of voluntar1 surrender.
T(ree.Ordinaril1, 'rnel would no lon-er e entitled to appl1 for
proation, he havin- appealed fro the /ud-ent of the RTC
convictin- hi for frustrated hoicide.
0ut, the Court finds 'rnel -uilt1 onl1 of the lesser crie of
attepted hoicide and holds that the a9iu of the penalt1
iposed on hi should e lowered to iprisonent of four
onths of arrestomayor, as iniu, to two 1ears and four
onths ofprision correccional, as a9iu. Bith this new
penalt1, it would e ut fair to allow hi the ri-ht to appl1 for
proation upon reand of the case to the RTC.
Soe in the Court disa-rees. The1 contend that proation is a
ere privile-e -ranted 1 the state onl1 to 6ualified convicted
offenders. Section 4 of the proation law (PD
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Secondl1, it is true that under the proation law the accused who
appeals fro the /ud-ent of conviction is dis6ualified fro
availin- hiself of the enefits of proation. 0ut, as it happens,
two /ud-ents of conviction have een eted out to 'rnelA one, a
conviction for frustrated hoicide 1 the re-ional trial court, now
set aside and, two, a conviction for attepted hoicide 1 the
Supree Court.
If the Court chooses to -o 1 the dissentin- opinions hard
position, it will appl1 the proation law on 'rnel ased on the trial
courts annulled /ud-ent a-ainst hi. e will not e entitled to
proation ecause of the severe penalt1 that such /ud-ent
iposed on hi. 5ore, the Supree Courts /ud-ent of
conviction for a lesser offense and a li-hter penalt1 will also have
to end over to the trial courts /ud-enteven if this has een
found in error. 'nd, worse, 'rnel will now also e ade to pa1 for
the trial courts erroneous /ud-ent with the forfeiture of his ri-ht
to appl1 for proation.Ang #abayo ang nag#asala, ang hagupit
ay sa #alabaw (the horse errs, the caraao -ets the whip).Bhere
is /ustice there
The dissentin- opinion also e9presses apprehension that allowin-
'rnel to appl1 for proation would dilute the rulin- of this Court
in Francisco v .ourt of AppealsJ&?Kthat the proation law re6uires
that an accused ust not have appealed his conviction efore he
can avail hiself of proation. 0ut there is a hu-e difference
etween Franciscoand this case.
In Francisco, the 5etropolitan Trial Court (5eTC) of 5a!ati found
the accused -uilt1 of -rave oral defaation and sentenced hi to
a prison ter of one 1ear and one da1 to one 1ear and ei-ht
onths ofprision correccional, a clearl1 proationale
penalt1.Proation was his to as! Still, he chose to appeal,
see!in- an ac6uittal, hence clearl1 waivin- his ri-ht to appl1 for
proation. Bhen the ac6uittal did not coe, he wanted
proation. The Court would not of course let hi. It served hi
ri-ht that he wanted to save his ca!e and eat it too. e certainl1
could not have oth appeal and proation.
The Proation aw, said the Court in Francisco, re6uires that an
accused ust not have appealed his conviction efore he can
avail hiself of proation. This re6uireent outlaws the eleent
of speculation on the part of the accusedto wa-er on the result of
his appealthat when his conviction is finall1 affired on appeal,
the oent of truth well*ni-h at hand, and the service of his
sentence inevitale, he now applies for proation as an escape
hatch thus renderin- nu-ator1 the appellate courts affirance of
his conviction.J&=K
ere, however, 'rnel did not appeal fro a /ud-ent that would
have allowed hi to appl1 for proation. e did not have a choice
etween appeal and proation. e was not in a position to sa1, 01
ta!in- this appeal, I choose not to appl1 for proation. The stiff
penalt1 that the trial court iposed on hi denied hi that
choice. Thus, a rulin- that would allow 'rnel to now see!
proation under this Courts -reatl1 diinished penalt1 will not
dilute the sound rulin- in Francisco. It reains that those who will
appeal fro /ud-ents of conviction, when the1 have the option
to tr1 for proation, forfeit their ri-ht to appl1 for that privile-e.
0esides, in appealin- his case, 'rnel raised the issue of
correctness of the penalt1 iposed on hi. e claied that the
evidence at est warranted his conviction onl1 for attepted, not
frustrated, hoicide, which crie called for a proationale
penalt1. In a wa1, therefore, 'rnel sou-ht fro the e-innin- to
rin- down the penalt1 to the level where the law would allow hi
to appl1 for proation.
In a real sense, the Courts findin- that 'rnel was -uilt1, not of
frustrated hoicide, ut onl1 of attepted hoicide, is an ori-inal
conviction that for the first tie iposes on hi a proationale
penalt1. ad the RTC done hi ri-ht fro the start, it would have
found hi -uilt1 of the correct offense and iposed on hi the
ri-ht penalt1 of two 1ears and four onths a9iu. This would
have afforded 'rnel the ri-ht to appl1 for proation.
The Proation aw never intended to den1 an accused his ri-ht to
proation throu-h no fault of his. The underl1in- philosoph1 of
proation is one of lieralit1 towards the accused. Such
philosoph1 is not served 1 a harsh and strin-ent interpretation of
the statutor1 provisions.J&@K's "ustice ;icente ;. 5endoa said in
his dissent in Francisco, the Proation aw ust not e re-arded
as a ere privile-e to e -iven to the accused onl1 where it
clearl1 appears he coes within its letter to do so would e to
disre-ard the teachin- in an1 cases that the Proation aw
should e applied in favor of the accused not ecause it is a
criinal law ut to achieve its eneficent purpose. J&
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under-o reforation as a penitent offender, defeatin- the ver1
purpose of the proation law.
't an1 rate, what is clear is that, had the RTC done what was
ri-ht and iposed on 'rnel the correct penalt1 of two 1ears and
four onths a9iu, he would have had the ri-ht to appl1 for
proation. No one could sa1 with certaint1 that he would have
availed hiself of the ri-ht had the RTC done ri-ht 1 hi. The
idea a1 not even have crossed his ind precisel1 since the
penalt1 he -ot was not proationale.
The 6uestion in this case is ultiatel1 one of fairness. Is it fair to
den1 'rnel the ri-ht to appl1 for proation when the new penalt1
that the Court iposes on hi is, unli!e the one erroneousl1
iposed 1 the trial court, su/ect to proation
$EREFORE, the Court PARTIALLY GRANTSthe
petition, !O"IFIESthe Decision dated "ul1 #&, %$$= of the Court
of 'ppeals in C'*+.R. CR %
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to ad/a "ara alli who will rin- her to 5ala1sia. Ronnie sent a
te9t essa-e to alli ut the latter replied that she was not in her
house. She was at the cit1 proper.
On "une , %$$, at aout ?A$$ ocloc! in the evenin-,
Ronnie 'rin-o1 and Rachel 'rin-o1 Caete arrived on oard a
tric1cle driven 1 Ronnie at the house where olita was sta1in-
at Southco ;illa-e. Ronnie as!ed if olita alread1 had a
passport. olita said that she will orrow her sisters passport.
Ronnie, Rachel and olita went to 0uenavista where olitas other
sister, +ina Plando was sta1in-. er sister 5arife Plando was
there at that tie. olita as!ed 5arife to let her
use 5arifes passport. 5arife refused ut olita -ot the
passport. 5arife cried. Ronnie, Rachel and olita proceeded
toTua-a. Ronnie, Rachel and olita went to the house
of ad/a "ara alli /ust two hundred eters awa1 fro the
house of Ronnie in Tua-a. Ronnie introduced olita
to ad/a "ara, sa1in- "i, she is also interested in -oin- to
5ala1sia. olita handed a passport to ad/a "ara tellin- her that
it elon-s to her sister 5arife Plando. ad/a "ara told her it isnot a prole ecause the1 have a connection with the D2'
(Departent of 2orei-n 'ffairs) and 5arifes picture in the
passport will e sustituted with olitas picture.
Nestor Relapa-os arrived drivin- an owner*t1pe
/eep. ad/a"ara introduced Nestor to olita as their financier
who will accopan1 the to 5ala1sia. 9 9 9 olita noticed three
other woen in ad/a "arashouse. The1 were one1, aout %$
1ears old 5ichele, &< 1ears old, and another woan who is
aout %@ 1ears old. The woen said that the1 are
froIpil, Siu-a1 Province. Ronnie told olita that she will have
an1 copanions -oin- to 5ala1sia to wor!. The1 will leave the
ne9t da1, "une ?, and will eet at the wharf at %A#$ in the
afternoon.
On "une ?, %$$, olita went to aoan-a Cit1 wharf at %A$$
ocloc! in the afternoon rin-in- a a- containin- her a!e*up
and powder. She et at the wharf ad/a "ara alli,
Ronnie 'rin-o1, one1 and 5ichele. Ronnie -ave to olita her
oat tic!et for the vessel 5M; 5ar1 "o1 ound for Sanda!an,
5ala1sia a passport in the nae of 5arife Plando ut with olitas
picture on it, and P&,$$$.$$ in cash. ad/a "ara, olita, one1,
5ichele and two other woen oarded the oat 5M; 5ar1 "o1
ound for Sanda!an. Ronnie 'rin-o1 did not -o with the. e did
not oard the oat. 9 9 9 'fter the oatsailed, ad/a "ara alli and Nestor Relapa-os approached
olita and her copanions. Nestor told the that the1 will have a
-ood /o in 5ala1sia as restaurant entertainers. The1 will serve
food to custoers. The1 will not e hared.
5M; 5ar1 "o1 arrived at the port of Sanda!an, 5ala1sia at &$A$$
ocloc! in the ornin- of "une =, %$$. 'fter passin- throu-h the
ii-ration office,ad/a "ara alli, Nestor Relapa-os, olita,
one1, 5ichele and two other woen oarded a van for
Gota Ginaalu. 9 9 9 't the hotel, NestorRelapa-os introduced
to olita and her copanions a Chinese 5ala1 called 0oss as
their eplo1er. 'fter loo!in- at the woen, 0oss rou-ht olita,
one1, Diane and orraine to a restaurant near the hotel. Diane
and orraine were also on aord 5M; 5ar1 "o1 when it left the
port of aoan-a for Sanda!an on "une ?, %$$. Bhen the1
were alread1 at the restaurant, a 2ilipina woan wor!in- theresaid that the place is a prostitution den and the woen there are
used as prostitutes. olita and her copanions went ac! to the
hotel. The1 told ad/a "ara and Nestor that the1 do not li!e to
wor! as prostitutes. 9 9 9 'fter aout five inutes, another person
called oss arrived. 9 9 9 JTKhe1 were fetched 1 a van at aout
=A$$ ocloc! in the evenin- and rou-ht to Pipen Clu owned 1
0oss 'wa, a 5ala1sian. 't the clu, the1 were told that the1 owe
the clu %,$$$ rin--its each as pa1ent for the aount -iven 1
the clu to ad/a "ara alli and Nestor Relapa-os. The1 will
pa1 for the said aount 1 entertainin- custoers. The
custoers will pa1 #$$ rin--its for short tie services of which $
rin--its will -o to the entertainer, and $$ rin--its for over
ni-ht service of which &$$ rin--its will e -iven to theentertainer. Pipen Clu is a i- clu in a two*store1 uildin-.
There were aout &$$ woen wor!in- in the clu, an1 of the
were 2ilipina woen.
olita Plando was forced to wor! as entertainer at Pipen Clu.
She started wor!in- at @A#$ in the evenin- of "une &4, %$$. She
was -iven the nuer ?$ which was pinned on her. That ni-ht,
she had her first custoer who selected her aon- the other
woen at the clu. e was a ver1 i- an, aout #% 1ears old, a
Chinese*5ala1 who loo!ed li!e a wrestler. The an paid for short
tie service at the counter. olita was -iven 1 the cashier a
sall pin! paper. She was instructed to !eep it. ' sall 1ellow
paper is -iven to the entertainer for overni-ht services. Thecustoer rou-ht olita to a hotel. She did not li!e to -o with hi
ut a oss at the clu told her that she could not do an1thin-. 't
the hotel, the an po!ed a -un at olita and instructed her to
undress. She refused. The an o9ed her on the side of her
od1. She could not ear the pain. The an undressed her and
had se9ual intercourse with her. e had se9ual intercourse with
her ever1 fifteen inutes or four ties in one hour. Bhen the
custoer went inside the cofort roo, olita put on her clothes
and left. The custoer followed her and wanted to rin- her ac!
to the hotel ut olita refused. 't aout &A$$ ocloc! in the ornin-
of "une &, %$$, olita was chosen 1 another custoer, a tall
dar! an, aout 4$ 1ears old. The custoer paid for an overni-ht
service at the counter and rou-ht olita to 5ariner otel which isfar fro Pipen Clu. 't the hotel, the an told olita to undress.
Bhen she refused, the an rou-ht her to the cofort roo and
uped her head on the wall. olita felt di1. The an opened
the shower and said that oth of the will ta!e a ath. olitas
clothes -ot wet. She was cr1in-. The an undressed her and had
se9ual intercourse with her. The1 sta1ed at the hotel until &&A$$
ocloc! in the ornin- of "une &, %$$. The custoer used olita
an1 ties. e had se9ual intercourse with her ever1 hour.
31
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olita wor!ed at Pipen Clu fro "une &4 to "ul1 @, %$$. Ever1
ni-ht, a custoer used her. She had at least one custoer or
ore a ni-ht, and at ost, she had around five custoers a ni-ht.
The1 all had se9ual intercourse with her. On "ul1
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BERE2ORE, the Court finds accused 'D"' "'R5' 'I 1
P:RI and RONNIE 'RIN+O8 1 5'SION +:IT8 e1ond
reasonale dout in Criinal Case No. %&
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olita,Relapa-os and their other copanions to continue their
/ourne1 towards the cit1 proper of Gota Ginaalu.%#'fter spendin-
several da1s in 5ala1sia with her dau-hter and son*in*
law, alli went to 0runei to visit a cousin on &% "une %$$, and
headed ac! to 5ala1sia on &4 "une %$$.%4
alli assails the crediilit1 of olita due to inconsistencies in her
testion1 with re-ard toA (&) olita not ein- in Southco ;illa-e
on "une %$$ at ?A$$ p.., as she claied, ut
in 0uenavista ;illa-e and (%) olitas clai
that alli and Relapa-os on &% "une %$$ rou-ht the -irls to
auan, when in fact, alli was alread1 in 0runei on &% "une
%$$, as evidenced 1 the stap in her passport.%
reb> o5 Te*mo/e*
0oth 'rin-o1 and alli, in their respective 'ppeal 0riefs, assail the
testion1 of olita due to its alle-ed inconsistenc1 on iaterial
facts, such as the status of olitas -randfather, the nae of the
villa-e she was in, the date she was rou-ht to auan, 5ala1sia,
and the li!e. In a lon- line of cases, the Court has ruled that
inconsistencies pointed out 1 the accused in the testion1 of
prosecution witnesses relatin- to inor details do not destro1 the
crediilit1 of witnesses.%?On the contrar1, the1 indicate that the
witnesses were tellin- the truth and not previousl1 rehearsed.%=
The clear aterial inconsistenc1 in this case, however, lies in the
testionies of accused 'rin-o1 and alli. 'rin-o1 aditted that he
referred olita to a certain ad/a "ara alli, his nei-hor who
fre6uents 5ala1sia and with who olita could as! pertinent
inforation on /o opportunities.%@alli, on the other hand, denies
havin- et olita prior to their eetin- on oard 5M; 5ar1 "o1 on
? "une %$$,%
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reason, the Court adopts the findin-s of fact of the trial court, as
affired in toto 1 the Court of 'ppeals, there ein- no -rave
ause of discretion on the part of the lower courts.
rm/) )*e No. 21930 D Ie) Re+r4me/
Section ? of Repulic 'ct No. @$4% (R' @$4%) defines ille-al
recruitent, as followsA
JIKlle-al recruitent shall ean an1 act of canvassin-, enlistin-,
contractin-, transportin-, utiliin-, hirin-, or procurin- wor!ers and
includesre5err/,contact services, proisin- or advertisin- for
eplo1ent aroad,:(e(er 5or ro5 or /o, :(e/
4/er)e/ b> ) /o/-+e/*ee or /o/-(oer o5
)4(or> conteplated under 'rticle (f) of Presidential Decree
No. 44%, as aended, otherwise !nown as the aor Code of the
Philippines.
9 9 9
Ille-al recruitent when coitted 1 a s1ndicate or in lar-escale shall e considered an offense involvin- econoic
saota-e.
9 9 9
Ille-al recruitent is deeed coitted 1 a s1ndicate if carried
out 1 a -roup of three (#) or ore persons conspirin- or
confederatin- with one another. (Ephasis supplied)
'rticle (f) of Presidential Decree No. 44%, as aended,
otherwise !nown as the aor Code of the Philippines, defines
authorit1 as followsA
'uthorit1 eans a docuent issued 1 the Departent
of aor authoriin- a person or association to en-a-e in
recruitent and placeent activities as a private recruitent
entit1.
Section = of R' @$4% provides for the penalt1 of ille-al
recruitent coitted 1 a s1ndicate (which constitutes
econoic saota-e), as followsA
() The penalt1 of life iprisonent and a fine of not less than
2ive hundred thousand pesos (P$$,$$$.$$) nor ore than One
illion pesos (P&,$$$,$$$.$$) shall e iposed if ille-al
recruitent constitutes econoic saota-e as defined therein.
It is clear that a person or entit1 en-a-ed in recruitent and
placeent activities without the re6uisite authorit1 fro the
Departent of aorand Eplo1ent (DOE), whether for profit
or not, is en-a-ed in ille-al recruitent.#
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recruitent was coitted 1 three persons
('rin-o1, alli and Relapa-os), conspirin- and confederatin-
with one another.
'rin-o1 clais and adits that he onl1 referred olita to alli for
/o opportunities to 5ala1sia. Such act of referrin-, whether for
profit or not, in connivance with soeone without a POE' license,
is alread1 considered ille-al recruitent, -iven the road
definition of recruitent and placeent in the aor Code.
alli, on the other hand, copletel1 denies an1 involveent in the
recruitent and placeent of olita to 5ala1sia, and clais she
onl1 et olita for the first tie 1 coincidence on oard the ship
5M; 5ar1 "o1. allis denial does not deserve credence ecause it
copletel1 conflicts with the testion1 of 'rin-o1 who clais he
referred olita to alli who had !nowled-e of the /o opportunities
in 5ala1sia.
The conflictin- testionies of alli and 'rin-o1 on aterial facts
-ive dout to the truth and veracit1 of their stories, and
stren-thens the crediilit1 of the testion1 of olita, despite
alle-ations of irrelevant inconsistencies.
No iproper otive could e iputed to olita to show that she
would falsel1 testif1 a-ainst the accused. The asence of
evidence as to an iproper otive entitles olitas testion1 to full
faith and credit.4
'rin-o1 clais that no conspirac1 e9isted in ille-al recruitent, as
he denies even !nowin- Relapa-os, who is currentl1 at*
lar-e. allidenies an1 involveent in the ille-al recruitent, and
clais that she onl1 et Relapa-os throu-h olita on oard the
ship 5M; 5ar1 "o1 on ? "une %$$, and learned
that Relapa-os was rin-in- olita and their other -irl
copanions to 5ala1sia to wor! as sales ladies.
:nder 'rticle @ of the Revised Penal Code, there is conspirac1
when two or ore persons coe to an a-reeent concernin- the
coission of a felon1 and decide to coit it.
In People v /ago,4?the Court discussed conspirac1 in this wiseA
The eleents of conspirac1 are the followin-A (&) two or ore
persons cae to an a-reeent, (%) the a-reeent concerned the
coission of a felon1, and (#) the e9ecution of the felon1 was
decided upon. Proof of the conspirac1 need not e ased on
direct evidence, ecause it a1 e inferred fro the partiesconduct indicatin- a coon understandin- aon- theselves
with respect to the coission of the crie. Neither is it
necessar1 to show that two or ore persons et to-ether and
entered into an e9plicit a-reeent settin- out the details of an
unlawful schee or o/ective to e carried out. The conspirac1
a1 e deduced fro the ode or anner in which the crie
was perpetrated it a1 also e inferred fro the acts of the
accused evincin- a /oint or coon purpose and desi-n,
concerted action and counit1 of interest.4=
In this case, olita would not have een ale to -o to 5ala1sia if
not for the concerted efforts of 'rin-o1, alli and Relapa-os.
2irst, it was'rin-o1 who !new olita, since 'rin-o1 was
a nei-hor of olitas -randfather. It was 'rin-o1 who referred
olita to alli, a fact clearl1 aditted 1 'rin-o1. Second, olita
would not have een ale to -o to 5ala1sia if alli had not
purchased olitas oat tic!et to 5ala1sia. This fact can e
deduced fro the testion1 of Nora 5ae 'dlin- (Nora), tic!etin-
cler! of 'leson Shippin- ines, owner of the vessel 5M; 5ar1 "o1
% pl1in- aoan-a Cit1 to Sanda!an, 5ala1sia route and of
5M; Gristel "ane #. Nora testified in open court
that ad/a "araalli ou-ht passen-er tic!ets for her travel to
Sanda!an, not onl1 for herself ut also for other woen
passen-ers. allis clai that she onl1 -oes to 5ala1sia to visit her
dau-hter and son*in*law does not e9plain the fact wh1 she ou-ht
the oat tic!ets of the other woen passen-ers -oin- to
5ala1sia. In fact, it appears stran-e that alli visited 5ala1sianine (
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e1ond reasonale dout of the crie of ille-al recruitent
coitted 1 a s1ndicate in Criinal Case No. %&
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oral daa-es and $,$$$ to &$$,$$$ as e9eplar1
daa-es.
The Civil Code descries oral daa-es in 'rticle %%&=A
'rt. %%&=. 5oral daa-es include ph1sical sufferin-, ental
an-uish, fri-ht, serious an9iet1, esirched reputation, wounded
feelin-s, oral shoc!, social huiliation, and siilar in/ur1.
Thou-h incapale of pecuniar1 coputation, oral daa-es a1
e recovered if the1 are the pro9iate result of the defendants
wron-ful act for oission.
E9eplar1 daa-es, on the other hand, are awarded in addition
to the pa1ent of oral daa-es, 1 wa1 of e9aple or
correction for the pulic -ood, as stated in the Civil CodeA
'rt. %%%
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LEONEN, J.:
7Chic!s o don-7&
Bith this sadl1 failiar 6uestion ein- used on the streets of
an1 of our cities, the fate of an1 desperate woen is sealed
and their futures van6uished. This case resulted in the rescue of
two inors fro this pernicious practice. opefull1, there will e
ore rescues. Traffic!in- in persons is a deplorale crie. It is
coitted even thou-h the inor !new aout or consented to the
act of traffic!in-.
This case involves Repulic 'ct No.
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Gaa-a1an.%%''' further testified that on 5a1 %, %$$@, accused
solicited her services for a custoer. That was the first tie that
she was piped 1 accused.%#'ccused rou-ht her, 000, and a
certain "ocel1n to 3ueensland 5otel.%4
''' testified that "ocel1n sta1ed inthe ta9i, while she and 000
went to Roo %4. It was in Roo %4 where the custoer paid
Shirle1. The police rushed in and told''' and 000 to -o to the
other roo. ''' was then et 1 the Departent of Social
Belfare and Developent personnel who infored her that she
was rescued and not arrested.%
''' descried that her /o as a prostitute re6uired her to displa1
herself, alon- with other -irls, etween = p.. to @ p.. She
received P4$$.$$ for ever1 custoer who selected her.%?
The prosecution also presented the police operatives durin- trial.
PSI 8lanan, SPO& 5endaros, and SPO& 'ltuar testified that
after PO& ;eloso had ade the issed call to PSI 8lanan, the1
7rushed to Roo %4 and arrested the accused.7%=SPO& 'ltuar
retrieved the ar!ed one1 worth P&,$$$.$$ fro accused>s ri-ht
hand 7and upon instruction fro PCINSP 8lanan recorded the
sae at the police lotter prior operation>. . . . 7%@
The trial court noted that ''' re6uested assistance fro the I"5
7in conductin- the operation a-ainst the accused.7%s vulnerailit1 as a child and as one who need
one1, as proven 1 the testionies of the witnesses. ?@
III.
Gnowled-e or consent of the inor is not a defense under
Repulic 'ct No.
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ere, ''' testified as to how accused solicited her services for
the custoers waitin- at 3ueensland 5otel. ''' also testified
that she was onl1 &= 1ears old when accused peddled her. er
certificate of live irth was presented as evidence to show that
she was orn on "anuar1 %=, &
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wanted -irls. There was no illicit induceent on the part of the
police for the accused to coit the crie.
Bhen accused was arrested, she was infored of her
constitutional ri-hts.@#The ar!ed one1 retrieved fro her was
recorded in the police lotter prior to the entrapent operation
and was presented in court as evidence.@4
On accused>s alii thatshe was erel1 out to u1 her supper that
ni-ht, the Court of 'ppeals noted that accused never presented
+in--in- in court. Thus, her alii was unsustantiated and cannot
e -iven credence.@
Bith re-ard to the lac! of prior surveillance, prior surveillance is
not a condition for an entrapent operation>s validit1.@?In People
v. Padua@=this court underscored the value of fle9iilit1 in police
operationsA
' prior surveillance is not a prere6uisite for the validit1 of an
entrapent or u1*ust operation, the conduct of which has no
ri-id or te9too! ethod. 2le9iilit1 is a trait of -ood police wor!.
owever the police carr1 out its entrapent operations, for as
lon- as the ri-hts of the accused have not een violated in the
process, the courts will not pass on the wisdo thereof. The
police officers a1 decide that tie is of the essence and
dispense with the need for prior surveillance.@@(Citations oitted)
This fle9iilit1 is even ore iportant in cases involvin- traffic!in-
of persons. The ur-enc1 of rescuin- the victis a1 at ties
re6uire iediate ut delierate action on the part of the law
enforcers.
;.
Iposition of fine and award of daa-es
The Court of 'ppeals properl1 iposed the aount of
%,$$$,$$$.$$. Section &$ () of Repulic 'ct No.
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Re-ardless of the willin-ness of ''' and 000, therefore, to e
traffic!ed, we affir the te9t and spirit of our laws. 5inors should
spend their adolescence ouldin- their character in environents
free of the vilest otives and the worse of other huan ein-s.
The evidence and the law copel us to affir the conviction of
accused in this case.
0ut this is not all that we have done. 01 fulfillin- our duties, we
also e9press the hope that our people and our -overnent unite
a-ainst ever1thin- inhuan. Be contriute to a coitent to
finall1 stap out slaver1 and huan traffic!in-.
There are ore '''s and 000s out there. The1, too, deserve to
e rescued. The1, too, need to e shown that in spite of what their
lives have een, there is still uch -ood in our world.
BERE2ORE, preises considered, we '22IR5 the decision of
the Court of 'ppeals dated "une %=, %$, findin- accused
Shirle1 '. Casio -uilt1 e1ond reasonale dout of violatin-
Section 4(a), 6ualified 1 Section ?(a) of Repulic 'ct No.
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dissentin- opinion was filed 1 5r. "ustice 0ellosillo while 5r.
"ustice Santia-o suitted a concurrin- opinion. Petitioner
oved for reconsideration which 5otion was denied 1 the Court
of 'ppeals on %# 'u-ust &
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Proation a1 e -ranted whether the sentence iposes a ter
of iprisonent or a fine onl1 'n application for proation shall e
filed with the trial court. "he filing of the application shall be
deemed a waiver of the r ight to appeal
'n order -rantin- or den1in- proation shall not e appealale.
(Ephasis supplied)
In sharp contrast with Section 4 as aended 1 PD No. &%=, in
its present for, Section 4 estalishes a uch narrower period
durin- which an application for proation a1 e filed with the trial
courtA 7after Jthe trial courtK shall have convicted and sentenced a
defendant and H within the period for perfecting an appeal H .7
's if to provide ephasis, a new proviso was appended to the
first para-raph of Section 4 that e9pressl1prohibits the -rant of an
application for proation 2if the defendant has perfected an
appeal from the udgment of conviction.7 It is worth1 of note too
that Section 4 in its present for has dropped the phrase which
said that the filin- of an application for proation eans 7the
autoatic withdrawal of apending appeal7. The deletion is 6uite
lo-ical since an application for proation can no lon-er e filed
once an appeal is perfected there can, therefore, e
nopending appeal that would have to e withdrawn.
In appl1in- Section 4 in the for it e9ists toda1 (and at the tie
petitioner laado was convicted 1 the trial court), to the instant
case, we ust then in6uire whether petitioner laado had
suitted his application for proation 7within the period for
perfectin- an appeal.7 Put a little differentl1, the 6uestion is
whether 1 the tie petitioner laados application was f iled, he
had alread1 7perfected an appeal7 fro the /ud-ent of conviction
of the Re-ional Trial Court of 5anila.
The period for perfectin- an appeal fro a /ud-ent rendered 1
the Re-ional Trial Court, under Section #< of 0atas Paansa
0l-. &%
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Turnin- to petitioners invocation of 7lieral interpretation7 of penal
statutes, we note at the outset that the Proation aw is not a
penal statute. Be, however, understand petitioners ar-uent to
e reall1 that an1 statutor1 lan-ua-e that appears to favor the
accused in a criinal case should e -iven a 7lieral
interpretation.7 Courts, however, have no authorit1 to invo!e
7lieral interpretation or 7the spirit of the law7 where the words ofthe statute theselves, and as illuinated 1 the histor1 of that
statute, leave no roo for dout or interpretation. Be do not
elieve that 7the spirit of law7 a1 le-itiatel1 e invo!ed to set at
nau-ht words which have a clear and definite eanin- iparted
to the 1 our procedural law. The 7true le-islative intent7 ust
oviousl1 e -iven effect 1 /ud-es and all others who are
char-ed with the application and ipleentation of a statute. It is
asolutel1 essential to ear in ind, however, that the spirit of the
law and the intent that is to e -iven effect are to e derived fro
the words actuall1 used 1 the law*a!er, and not fro soe
e9ternal, 1stical or eta/uridical source independent of and
transcendin- the words of the le-islature.
The Court is not here to e understood as -ivin- a 7strict
interpretation rather than a 7lieral7 one to Section 4 of the
Proation aw of &
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appl1 for proation was lost when he perfected his appeal fro
the /ud-ent of conviction.
BERE2ORE, the Decision of the Court of 'ppeals in C'+R No.
$4?=@ is here1 '22IR5ED. No pronounceent as to costs.
SO ORDERED.
!I$AEL PA"UA,
Petitioner,
* versus *
PEOPLE OF T$E P$ILIPPINES,
Respondent.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - -
"EISION
;UISU!&ING, J.'
This petition for review assails the Decision?1@dated 'pril &
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as The Proation aw of &
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II.
SECTION #% O2 '.5. NO. $%*&*&@*SC OTERBISE GNOBN 'S
TE *-/+ 45 (-6+5)/+S )5 .45F/)." ')"% "%+ /A''S
NO 'PPIC'TION TO TE INST'NT C'SE.?2@
Sipl1, the issues areA (&) Did the Court of 'ppeals err in
disissin- Paduas petition for certiorariassailin- the trial courts
order den1in- his petition for proation (%) Bas Paduas ri-ht
under Rep. 'ct No. er*o/ +o/v+e 5or r4
r)55+/ or 4*(/ 4/er (* A+, re)re** o5 (e
e/)> mo*e b> (e o4r, +)//o )v) o5 (e rvee
r)/e b> (e Prob)o/ L): or Pre*e/) "e+ree No. 968,
)* )me/e.(Ephasis supplied.)
The law is clear and leaves no roo for interpretation. 'n1 person
convicted for dru- traffic!in- or pushin-, re-ardless of the penalt1
iposed, cannot avail of the privile-e -ranted 1 the Proation
aw or P.D. No.
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court shall place the child in conflict with the law under suspended
sentence. Section 4$?38@of Rep. 'ct No. e)r*. Petitioner has alread1 reached %& 1ears of a-e or overand thus, could no lon-er e considered a child?39@for purposes of
appl1in- Rep. 'ct
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health resort reservation situated in the 5unicipalit1 of +eneral
Santos, now +eneral Santos Cit1, Island of 5indanao, certain
portions of the land eraced therein and declare the sae open
to disposition under the provisions of the Pulic and 'ct, which
parcels of land are ore particularl1 descried as followsA
ot 8*&, 5R*&&?$*D
(5a-sa1sa1 Par!)
' P'RCE O2 'ND (ot 8*&, 5R*&&?$*D, 5a-sa1sa1 Par!)
situated in the 5unicipalit1 of +eneral Santos,
now +eneralSantos Cit1, Island of 5indanao. 9 9 9 containin- an
area of EI+TEEN TO:S'ND SI :NDRED NINET8*2I;E
(&@,?
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%. Oliver +ua1ar
*
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Nae of Owner
OCT No.
&. 5ad +ua1ar P*?#
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case, while Dia, 0orina-a, 5oon-an and Cruara were found
to have re-ularl1 perfored their official functions. 'ccordin-l1,
the char-es a-ainst the respondents were disissed. Thus, the
case was disposed in this wiseA
BERE2ORE, PRE5ISES CONSIDERED, this Office finds and
so holds that the followin- cries were coitted and that
respondents, whose naes appear elow, are proal1 -uilt1
thereofA
&. CES'R "ONIO si9teen (&?) counts of 2alsification of pulic
docuent to the si9teen (&?) recoendation reports suitted
%. REN'TO RI;ER' si9teen (&?) counts of 2alsification of pulic
docuent relative to the si9teen (&?) reports suitted, all
dated 'u-ust 4, &
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%. 5a1or Nue and Nalan-an !new or ou-ht to have
!nown, 1 reason of their respective offices and as adinistrators
of the properties of the cit1, that ot of the 5a-sa1sa1 Par! is
owned 1 the cit1 and reserved as health and recreation site. 8et,
Nalan-ans Coent, filed efore "ud-e 'dre issued the assailed
RTC Order, stated that per verification, there was no e9istin-
donation fro the eirs of Caalo Gusop to the cit1. i!ewise, intheir &stIndorseent dated 'u-ust %, &
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conspirac1 sipl1 ecause she e9ercised her inisterial functions
as Re-ister of Deeds.JK
#. 5oon-an alle-es, aon- others, that as Re-ional
E9ecutive Director of the DENR, he is dul1 authoried to si-n
patents and reconstituted patents. Since the standard procedure
and processes were coplied with, 5oon-an sipl1 relied on
his suordinates and on their -ood faith. e ar-ues that he acted
in accordance with law, departent -uidelines, rules and
re-ulations, and that to re6uire hi to scrutinie ever1 phase of a
report of a suordinate is a ver1 tall order.J&4K
4. "ud-e 'dre anifests that in the "oint
ResolutionJ&Kof the Senate Coittees on 'ccountailit1 of
Pulic Officers and Investi-ation (0lue Rion) and National
Defense and Securit1, dated Deceer %#, &
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the tie of the filin- of the otion for reconsideration the assailed
Resolution was alread1 final.
Even onl1 on the asis of this fatal procedural infirit1, the instant
Petition ou-ht to e disissed. 'nd on the sustantive issue
raised, the petition is li!ewise ereft of erit.
:nder Sections &% and , 'rticle I of the &
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J.K Pulic respondents "ulio C. Dia, '-apito 0orina-a, 'u-ustus
. 5oon-an, 'steria E. Cruara 0ased on the evidences on
record, these respondents were in the re-ular perforance of
their official functions. Their participation in the titlin- of ot* was
due to the fact that the docuents for titlin- were suitted to
their respective offices as a atter of course, and there is nothin-
that the1 can do ut to follow the estalished procedure uponfindin- that all the docuents for titlin- were suitted.J%=K
Indeed, while the Oudsans discretion in deterinin- the
e9istence of proale cause is not asolute, nonetheless,
petitioner ust prove that such discretion was -ravel1 aused in
order to warrant the reversal of the Oudsans findin-s 1 this
Court. In this respect, petitioner fails.J%@K
5oreover, the eleents of the offense, essential for the conviction
of an accused under Section #(e), R. '. No. #$&
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0efore the Court is a Petition for .ertiorariunder Rule ? of the
Rules of Court, assailin- the Octoer #, %$$% OrderJ&Kof the
Oudsan (respondent) which disissed the Coplaint of
ilario Soriano (petitioner) a-ainst 5anila Cit1 Prosecutor Raon
+arcia (+arcia) and the "ul1 &4, %$$# Oudsan
OrderJ%Kwhich denied petitioners otion for reconsideration.
The antecedent facts are related to those involved in %ilario Soria
no v
4mbudsman Simeon 6 !arcelo (+.R. No. &?#$&=) which the
Court decided on "une &@, %$$@.
Petitioner filed with the Office of the Cit1 Prosecutor of 5anila an
'ffidavit*Coplaint, J#Kdoc!eted as I.S. No. $&2*%%4=, a-ainst
0an! E9ainer 5el1 Palad (Palad) of the Bang#o Sentral ng
Pilipinasfor falsification of pulic docuent and use of falsified
docuent. 'ssistant Cit1 Prosecutor Celedonio P. 0alasas
(0alasas) issued a Resolution J4Kdated 'u-ust %=,
%$$& recoendin- that Palad e char-ed in court for
falsification of pulic docuent. 2irst 'ssistant Cit1 Prosecutor
eoncia R. Dia-ia (Dia-ia) recoended the approval of
the Resolution. 0ut, upon 5otion to Re*open filed 1 Palad,
Dia-ia recoended the re*openin- of I.S. No. $&2*%%4=.JK+arcia approved the recoendation of Dia-ia to re*open
the case.J?Kowever, in an IndorseentJ=Kdated 'u-ust , %$$%,
+arcia forwarded the coplete records of I.S. No. $&2*%%4= to
Chief State Prosecutor "ovencito R. uo of the Departent of
"ustice (DO"), with the followin- recoendationA
9 9 9 JTKhat the preliinar1 investi-ation of this case e
transferred to the Departent of "ustice considering that herein
complainant has recentl" filed ith the )ffice of the
)m%udsman separate complaints against the undersigned
Cit" Prosecutorand 'ssistant Cit1 Prosecutor Celedonio P.
0alasas which are oth presentl1 pendin- thereat, here1
re6uestin- that a State Prosecutor e desi-nated to conduct the
preliinar1 investi-ation thereof in order to avoid an1 suspicion of
partialit1 and ias a-ainst the Office of the Cit1 Prosecutor of
5anila.J@K(Ephasis supplied)
On Septeer , %$$%, petitioner filed with the respondent an
'ffidavit*Coplaint a-ainst +arcia for violation of 'rticle %$@J
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circustances in order not to invite douts on the respondents
ipartialit1 in the disposition of the su/ect case.
On the other hand, the violation of Sec. #(e) of R.'. #$&
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anifest partialit1, evident ad faith or -ross ine9cusale
ne-li-ence constitutes the ver1 act punished under this
section. Thus, it is re/uired that the undue in0ur" %e
specified, /uantified and proven to the point of moral
certaint".
In /urisprudence, undue in/ur1 is consistentl1 interpreted as actual
daa-e. :ndue has een defined as ore than necessar1, not
proper, JorK ille-al and in/ur1 as an1 wron- or daa-e done to
another, either in his person, ri-hts, reputation or propert1Jthat is,
theK invasion of an1 le-all1 protected interest of another. 'ctual
daa-e, in the conte9t of these definitions, is a!in to that in civil
law.
In turn, actual or copensator1 daa-es is defined 1 'rticle
%&
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* versus *
"ANGEROUS "RUGS &OAR" )/
P$ILIPPINE "RUG ENFORE!ENT
AGENY,
Respondents.
9***********************************************9
A;UILINO ;. PI!ENTEL, CR., G.R. No. 1616B8
Petitioner,
PresentA
P:NO, .(,
3:IS:50IN+,
8N'RES*S'NTI'+O,
C'RPIO,
':STRI'*5'RTINE,
* versus * CORON',
C'RPIO 5OR'ES,
'C:N',
TIN+',
CICO*N''RIO,
;E'SCO, "R.,
N'C:R',
RE8ES,
EON'RDO*DE C'STRO, and
0RION,((
O!!ISSION ON ELETIONS, Proul-atedA
Respondent.
Noveer #, %$$@
9**************************************************************************************
***9
" E I S I O N
%ELASO, CR., J.'
In these !indred petitions, the constitutionalit1 of Section #? of
Repulic 'ct No. (R')
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G.R. No. 1616B8(Aquilino C Pimentel, (r v .ommission on
+lections)
On Deceer %#, %$$#, the Coission on Elections
(CO5EEC) issued Resolution No. ?4@?, prescriin- the rules
and re-ulations on the andator1 dru- testin- of candidates for
pulic office in connection with the 5a1 &$, %$$4 s1nchronied
national and local elections. The pertinent portions of the said
resolution read as followsA
BERE'S, Section #? (-) of Repulic 'ct No.
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persons constitutional ri-ht a-ainst unreasonale searches is also
reached 1 said provisions.
G.R. No. 1B8633(Atty !anuel ( /aserna, (r v angerous
rugs Board and Philippine rug +nforcement Agency)
Petitioner 'tt1. 5anuel ". aserna, "r., as citien and ta9pa1er,
also see!s in his Petition for Certiorari and Prohiition under Rule
? that Sec. #?(c), (d), (f), and (-) of R'
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Thus, le-islative power reains liited in the sense that it is
su/ect to sustantive and constitutional liitations which
circuscrie oth the e9ercise of the power itself and the
allowale su/ects of le-islation.J&&KThe sustantive constitutional
liitations are chiefl1 found in the 0ill of Ri-htsJ&%Kand other
provisions, such as Sec. #, 'rt. ;I of the Constitution prescriin-
the 6ualifications of candidates for senators.
In the sae vein, the CO5EEC cannot, in the -uise of enforcin-
and adinisterin- election laws or proul-atin- rules and
re-ulations to ipleent Sec. #?(-), validl1 ipose 6ualifications
on candidates for senator in addition to what the Constitution
prescries. If Con-ress cannot re6uire a candidate for senator to
eet such additional 6ualification, the CO5EEC, to e sure, is
also without such power. The ri-ht of a citien in the deocratic
process of election should not e defeated 1 unwarranted
ipositions of re6uireent not otherwise specified in the
Constitution.JK
Sec. #?(-) of R'
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9 9 9 9
School children, the :S Supree Court noted, are ost
vulnerale to the ph1sical, ps1cholo-ical, and addictive effects of
dru-s. 5aturin- nervous s1stes of the 1oun- are ore criticall1
ipaired 1 into9icants and are ore inclined to dru-
dependenc1. Their recover1 is also at a depressin-l1 low rate. J&K
The ri-ht to privac1 has een accorded reco-nition in this
/urisdiction as a facet of the r i-ht protected 1 the -uarantee
a-ainst unreasonale search and seiureJ&?Kunder Sec. %, 'rt.
IIIJ&=Kof the Constitution. 0ut while the ri-ht to privac1 has lon-
coe into its own, this case appears to e the first tie that the
validit1 of a state*decreed search or intrusion throu-h the ediu
of andator1 rando dru- testin- aon- students and
eplo1ees is, in this /urisdiction, ade the focal point. Thus, the
issue tendered in these proceedin-s is verital1 one of first
ipression.
:S /urisprudence is, however, a rich source of persuasive
/urisprudence. Bith respect to rando dru- testin- aon- school
children, we turn to the teachin-s of6ernonia School istrict D
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school are visited not /ust upon the users, ut upon the entire
student od1 and facult1.J%%KNeedless to stress, the rando
testin- schee provided under the law ar-ues a-ainst the idea
that the testin- ais to incriinate unsuspectin- individual
students.
"ust as in the case of secondar1 and tertiar1 level students, the
andator1 ut rando dru- test prescried 1 Sec. #? of R'
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to protect the confidentialit1 of the test results.J#KNotal1, R'
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testin- are randoness and suspicionless. In the case of persons
char-ed with a crie efore the prosecutors office, a andator1
dru- testin- can never e rando or suspicionless. The ideas of
randoness and ein- suspicionless are antithetical to their ein-
ade defendants in a criinal coplaint. The1 are not randol1
pic!ed neither are the1 e1ond suspicion. Bhen persons
suspected of coittin- a crie are char-ed, the1 are sin-led outand are ipleaded a-ainst their will. The persons thus char-ed,
1 the are fact of ein- haled efore the prosecutors office and
peaceal1 suittin- theselves to dru- testin-, if that e the
case, do not necessaril1 consent to the procedure, let alone waive
their ri-ht to privac1. J4$KTo ipose andator1 dru- testin- on the
accused is a latant attept to harness a edical test as a tool
for criinal prosecution, contrar1 to the stated o/ectives of R'
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e reoved his shorts and underwear. e then spread her le-s
and inserted his penis into her va-ina.
'ccordin- to Sall1, she /ust closed her e1es while appellant had
his wa1 with her. She did not call for help ecause she was afraid
that nood1 would e in the ne9t house which was aout @$$eters awa1.J#K
She cannot reeer how lon- appellant reained on top of her
ut efore he left, he reiterated his threat to !ill her and her fail1
if she told an1od1 of what happened. 'fter that, she would
fre6uentl1 see appellant ut the latter never spo!e to her.
2earful for her life and for her fail1>s safet1, she did not infor
an1one of the incident. 'lthou-h it entered her ind that she
could e pre-nant, she left her province to wor! as a doestic
helper in the house of SPO% Constantino 0. Saret in Best Crae,San "uan, 5anila.
On Noveer &%, &s
narration of the incident, and the testion1 of 5a. u T. Santos,
5edico e-al Officer of the Philippine National Police (PNP)
Crie aorator1, on the edico*le-al report issued 1 Dr.
'nthon1 "oselito laasJK who e9ained Sall1.
5a. u T. Santos, while referrin- to the edical report, e9plained
that the h1en has a deep healed laceration at ?A$$ o>cloc!
position ut she cannot deterine as to the tie when it was
inflicted.J?K Due to the fact that the va-inal canal was still narrow
with proinent ru-osities, Sall1 has not 1et -iven irth althou-h
she was &@ to &< wee!s pre-nant countin- fro the last da1 ofher enstruation which was on "ul1 , &
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the case was referred to the Court of 'ppeals for interediate
review pursuant to our rulin- in People v. 5ateo.J
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huan ind when placed under eotional stress are
unpredictale and people react differentl1. In such a -iven
situation, soe a1 shout soe a1 faint and soe a1 e
shoc!ed into sensiilit1 while others a1 openl1 welcoe the
intrusion. (People v. Caradilla, # SCR' 4 (&
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'dditionall1, 5ann1 Torrala, one of the accused>s fishin-
copanions, declared that the1 went hoe fro fishin- ever1da1
(TSN, 2eruar1 %@, %$$&, p. ?) and that ever1 tie the1 went
hoe fro fishin-, the1 parted wa1s as each went to his own
hoe, and would not !now what the accused would e doin-
while he was at his own hoe (Ide, p. s
presence in the house of the coplainant where the su/ect
offense was coitted was far fro ipossile.J%?K
The Court notes that appellant does not den1 the e9istence of the
!nife durin- the coission of the rape. This Court sustains the
findin- that the trial court did not err in convictin- appellant of the
crie of rape perpetrated with the use of a deadl1 weapon. The
presentation of the !nife is not necessar1 to his conviction, in li-ht
of the victi>s unwaverin- testion1 as to how appellant, ared
with a !nife, threatened and raped her.
This is consistent with this Court>s rulin- in People v. De-aoAJ%=K
It is settled that the non*presentation of the weapon used in the
coission of rape is not essential to the conviction of the
accused. The testion1 of the rape victi that appellant was
ared with a deadl1 weapon when he coitted the crie is
sufficient to estalish the fact for so lon- as the victi is credile.
It ust e stressed that in rape, it is usuall1 onl1 the victi who
can attest to its occurrence and that is wh1 courts su/ect the
testion1 of the alle-ed victis to strict scrutin1 efore rel1in- onit for the conviction of the accused.
People v. Philippines ;itancurJ%@K also illustrates this principleA
The fact that the weapon with which coplainant claied she was
intiidated 1 accused*appellant could not e presented in court
could not ipeach private coplainant>s crediilit1 as the weapon
is not essential to the prosecution of rape cases. Bhat is
iportant is that ecause of force and intiidation, private
coplainant was ade to suit to the will of accused*appellant.
W JTKhe test is whether the threat or intiidation
produces in the ind of a reasonale person fear that if she
persists or does not 1ield to the desires of the accused, the threat
will e carried out.
'ppellant coitted the crie of rape with the use of a laded
weapon, the iposale penalt1 of which is reclusion perpetua to
death in accordance with 'rticle ## of the Revised Penal Code,
as aended 1 R.'. No. =?s house. owever, he
posits that the prosecution ust prove the asence of provocation
1 Sall1.
It suffices to state that private coplainant cate-oricall1 testified
that she was sleepin- inside her house when appellant cae and
perpetrated the crie. This is proof enou-h of the asence ofprovocation on the part of private coplainant. 2or a sleepin-
thirteen () 1ear old arrio -irl cannot possil1 -ive an1 !ind of
provocation to appellant under the circustances.
Since the crie of rape was coitted 1 appellant with the use
of a deadl1 weapon, punishale 1 reclusion perpetua to death,
the presence of the a--ravatin- circustance of dwellin-, without
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the presence of an1 iti-atin- circustance, /ustified the trial
court>s iposition of the death penalt1.J#$K
The aove rulin- is in accordance with 'rticle ?# of the Revised
Penal Code which provides that in all cases in which the law
prescries a penalt1 coposed of two indivisile penalties, the-reater penalt1 shall e applied when an a--ravatin-
circustance, such as dwellin- in this case, is present in the
coission of the offense.
In People v. 'lfeche,J#&K wherein the coplainant, eplo1ed as a
doestic helper, was inside the house of her eplo1er when she
was raped 1 the appellant who was ared with a deadl1
weapon, the Court considered dwellin- as an a--ravatin-
circustance in convictin- the latter, and affired the trial court>s
iposition of the -reater penalt1, which is death.
The Court of 'ppeals, in affirin- the conviction of herein
appellant and the iposition of the death penalt1, concluded thatA
The Court, therefore, has no recourse ut to appl1 the law and
affir the trial court>s iposition of the death penalt1. This is
without pre/udice, of course, to the provisions of section %, R.'.
=?< re-ardin- the possile e9ercise of the pardonin- power of
the Office of the President upon the finalit1 of the death sentence.
J#%K
In li-ht, however, of the passa-e of Repulic 'ct No. s award of
P$,$$$.$$ as oral daa-es should also e increased to
P=,$$$ pursuant to current /urisprudence on 6ualified rape.
astl1, e9eplar1 daa-es in the aount of P%,$$$.$$ is also
called for, 1 wa1 of e9aple, and to protect the 1oun- fro
se9ual ause.
It should e noted that while the new law prohiits the ipositionof the death penalt1, the penalt1 provided for 1 law for a heinous
offense is still death and the offense is still heinous.
Conse6uentl1, the civil indenit1 for the victi is still P=,$$$.
On the other hand, the autoatic appeal in cases when the trial
court iposes the death penalt1 will henceforth not appl1, since
its iposition is now prohiited, so that there is a need to perfect
an appeal, if appeal is desired, fro a /ud-ent of conviction for
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an offense where the penalt1 iposed is reclusion perpetua in
lieu of the death penalt1 pursuant to the new law prohiitin- its
iposition.
$EREFORE, the Decision of the Court of 'ppeals in C'*+.R.
CR. No.*.C. No. $$=?=, dated "une &, %$$, ishere1 AFFIR!E"insofar as the conviction of appellant and the
aount of daa-es are concerned. The sentence that shall e
iposed upon appellant, however, is 5ODI2IED. In view of
Repulic 'ct No.