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Philippine Supreme Court Jurisprudence > Year 2017 > June 2017 Decisions > G.R. No. 225743, June 07, 2017 -
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SANDY DOMINGO Y LABIS, Accused-Appellants.:
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Search G.R. No. 225743, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SANDY DOMINGO Y
LABIS, Accused-Appellants.
THIRD DIVISION
DECISION
BERSAMIN, J.:
There is no complex crime of forcible abduction with rape if the primary objective of the accused is to
commit rape.
The Case
The accused appeals the affirmance by the Court of Appeals (CA) of his conviction for forcible abduction
with rape under the decision promulgated on September 24, 2015,1viz.:
WHEREFORE, in view of the foregoing, the Appeal is DENIED. Accordingly, the Decision
dated 6 September 2013 of the Regional Trial Court, Fourth Judicial Region, Branch 17,
Cavite City in Criminal Case No. 39-04 is hereby AFFIRMED. Appellant is hereby ordered
to pay the private offended party interest on all damages awarded at the legal rate of 6%
per annum from the date of finality of this judgment until fully paid.
DebtKollect Company, Inc.
SO ORDERED.2
Antecedents
On 26 January 2004, an Information was filed charging appellant with the crime of Forcible
Abduction with Rape in this wise:
That on or about the period between January 24 and 25, 2004, in the
Municipality of Rosario, Province of Cavite, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, motivated by
lust and with lewd designs, and by means of force, violence and
intimidation, did then and there, willfully, unlawfully and feloniously, abduct
and take away one AAA, against her will and consent, and thereafter, by
means of force, violence and intimidation, with the use of [a] bladed weapon
ChanRobles Intellectual Property and actuated by lust and lewd designs, have carnal knowledge of said
victim, against her will and consent, to the damage and prejudice of said
Division AAA.
CONTRARY TO LAW.
Upon arraignment on 2 March 2004, appellant, assisted by counsel entered a plea of NOT
GUILTY.
Thereafter, trial ensued. The Prosecution presented AAA, SPO3 Felipe Gomez, Jr., and
Elmer Marquez. The defense on the other hand presented Sandy Domingo and Jocelyn
Mariano as witnesses.
xxxx
People's Version
The two boarded a tricycle. As they were about to leave, appellant brought out a bladed
weapon and poked the same on AAA's right waist. Struck with fear, AAA was unable to ask
for help. Along the way, AAA realized that they were no longer proceeding to her aunt's
house because the tricycle made a different turn. They stopped at a place that was not
familiar to her. Thereafter, the two of them alighted after appellant paid the tricycle driver.
The entire time, however, appellant was holding the knife and poking it against AAA's side.
With appellant still holding the knife and poking it against AAA's waist, the two walked
toward a house, appellant knocked on the door, and a man came out. Appellant and AAA
were allowed entry inside the house. The man did not say anything and immediately went
inside a room.
Appellant ordered AAA to enter another room. Once inside, appellant who was still holding
the knife, undressed himself. Appellant ordered AAA to undress next, but AAA did not obey.
Appellant, still holding the knife, forcibly undressed AAA until the latter was completely
naked.
June-2017 Jurisprudence
Appellant ordered AAA to lie down on the wooden bed. While still holding the knife,
G.R. No. 204906, June 05, 2017 - DEPARTMENT OF
appellant inserted his penis into private complainant's vagina. AAA felt pain in her private
PUBLIC WORKS AND HIGHWAYS (DPWH) SECRETARY part. Appellant also kissed AAA's neck and lips. Appellant made a pumping motion while
SIMEON A. DATUMANONG; DPWH UNDERSECRETARY his penis was inserted in AAA's vagina. Afterwards, appellant pulled out his penis, kissed
MANUEL M. BONOAN; DPWH CENTRAL OFFICE AAA, and played with the knife on the latter's face. They did not sleep. After a while,
DIRECTOR IV CLARTTA A. BANDONILLO; DPWH appellant again inserted his penis inside her vagina and kissed her. After removing his
REGION VI REGIONAL DIRECTOR WILFREDO penis, he inserted it again for the fourth time. Thereafter, appellant dressed up and
AGUSTINO; DPWH ILOILO CITY DISTRICT ENGINEER ordered her to put on her clothes. While he was helping her put on her clothes, she told
VICENTE M. TINGSON, JR.; AND ENGINEERS RUBY P. him that she wants to go home. He answered that he will let her go home if she will not
LAGOC, MAVI V. JERECIA AND ELIZABETH GARDOSE, tell anybody what happened. At around 3:00 in the morning, they went out of the house
Petitioners, v. MARIA ELENA L. MALAGA, Respondent. and headed towards the tricycle terminal. She went home and told her Aunt what
happened. Thereafter, they went to the police station to report the incident.
G.R. No. 209132, June 05, 2017 - HEIRS OF
TERESITA VILLANUEVA, SUBSTITUTED BY HER LEGAL
HEIRS, NAMELY: ELSA ANA VILLANUEVA, LEONILA Defense's Version:
VILLANUEVA, TERESITA VILLANUEVA-SIPIN,
FERDINAND VILLANUEVA, AND MARISSA AAA was appellant's girlfriend. On 24 January 2004 at around 10:00 o'clock in the evening,
VILLANUEVA-MADRIAGA, Petitioners, v. HEIRS OF he and AAA eloped and went to the house of his brother-in-law in Sapa II, Cavite. They
PETRONILA SYQUIA MENDOZA, REPRESENTED BY spent the night there and agreed that they will go to her Aunt's house and get her things
MILAGROS PACIS, AND THE CO-HEIRS OF PETRONILA and will proceed to Bicol. When they reached her aunt's house, AAA went inside while he
SYQUIA-MENDOZA, NAMELY, TOMAS S. QUIRINO, waited. After a few minutes, a man came out and chased him with a bolo which prompted
REPRESENTED BY SOCORRO QUIRINO, VICTORIA Q. him to run. At around 7:00 o'clock in the morning, he was at his sister's house when the
DEGADO, CESAR SYQUIA, JUAN J. SYQUIA, policemen arrived and informed him that there was a complaint filed against him. He went
REPRESENTED BY CARLOTA (NENITA) C. SYQUIA,
with them to the police station.3
AND HECTOR SYQUIA, JR., ACTING THROUGH THEIR
ATTORNEY-IN-FACT CARLOS C. SYQUIA, Respondents.
G.R. No. 216938, June 05, 2017 - PEOPLE OF THE WHEREFORE, premises considered, judgment is hereby rendered finding accused Sandy
PHILIPPINES, Appellee, v. HENRY BENTAYO, Domingo y Labis @ Bitoy GUlLTY beyond reasonable doubt of the crime of forcible
Appellant. abduction with rape, defined and penalized under Article 342, in relation to Article 266-A
(as amended by R.A. 8353) and Article 48 of the Revised Penal Code, and hereby
G.R. No. 215627, June 05, 2017 - LUIS S. DOBLE, sentences him to suffer the penalty of reclusion perpetua. Further, accused Sandy Domingo
JR., Petitioner, v. ABB, INC./NITIN DESAI, is hereby ordered to pay AAA: (1) the amount of P50,000.00, as civil indemnity ex delicto,
Respondents. and (2) the amount of P50,000.00, as moral damages; and to pay the costs.
G.R. No. 218114, June 05, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. SALVADOR
SO ORDERED.4
AYCARDO, Accused-Appellants.
A.M. No. P-16-3614 [Formerly OCA IPI No. 16- 7 Id. at 60-65.
4630-P], June 20, 2017 - ANONYMOUS, Complainant,
v. GLENN L. NAMOL, COURT INTERPRETER, ERLA JOIE 8CA
L. ROCO, LEGAL RESEARCHER AND EDSELBERT rollo, p. 124.
ANTHONY A. GARABATO, PROCESS SERVER, ALL OF
THE REGIONAL TRIAL COURT , BRANCH 63, BAYAWAN 9People v. Gapasan, G.R. No. 110812, March 29, 1995, 243 SCRA 53, 59.
CITY, NEGROS ORIENTAL, Respondent.
10People v. Taperla, G.R. No. 142860, January 16, 2003, 395 SCRA 310, 314; People v.
G.R. No. 211093, June 06, 2017 - MINDANAO Buendia, G.R. Nos. 133949-51, September 16, 1999, 314 SCRA 655, 665,
SHOPPING DESTINATION CORPORATION, ACE
HARDWARE PHILS., INC., INTERNATIONAL 11People
TOYWORLD, INC., STAR APPLIANCE CENTER, INC., v. Sabadlab, G.R. No. 175924, March 14, 2012, 668 SCRA 237, 248-249; citing
SURPLUS MARKETING CORPORATION, WATSONS Garces v. People, G.R. No. 173858, July 17, 2007, 527 SCRA 827; People v. Muros, G.R.
PERSONAL CARE STORES (PHILS.), INC., AND No. 142511, February 16, 2004, 423 SCRA 69; People v. Egan, G.R. No. 139338, May 28,
SUPERVALUE, INC., Petitioners, v. HON. RODRIGO R. 2002, 382 SCRA 326; People v. Mejorada, G.R. No. 102705, July 30, 1993, 224 SCRA 837,
DUTERTE, IN HIS CAPACITY AS MAYOR OF DAVAO 852; People v. Godines, G.R. No. 93410, May 7, 1991, 196 SCRA 765, 773.
CITY, HON. SARA DUTERTE, VICE-MAYOR OF DAVAO
CITY, IN HER CAPACITY AS PRESIDING OFFICER OF 12Art. 266-B. Penalties. � Rape under paragraph I of the next preceding article shall be
THE SANGGUNIANG PANLUNGSOD, AND THE
punished by reclusion perpetua.
SANGGUNIANG PANLUNGSOD (CITY COUNCIL) NG
DAVAO, Respondents.
When the rape is committed with the use of a deadly weapon or by two or more persons,
G.R. No. 210693, June 07, 2017 - EMERALD the penalty shall be reclusion perpetua to death.
GARMENT MANUFACTURING CORPORATION,
Petitioner, v. THE H.D. LEE COMPANY, INC., xxxx
Respondent.
13 A.M. No. 15-08-02-SC (Guidelines for the Proper Use of the Phrase "Without Eligibility
G.R. No. 223844, June 28, 2017 - DANILO CALIVO for Parole" in Indivisible Penalties) dated August 4, 2015 in relation to Section 3 of R.A.
CARIAGA, Petitioner, v. EMMANUEL D. SAPIGAO AND No. 9346.
GINALYN C. ACOSTA, Respondents.
14People v. Jugueta, G.R. No. 202124, April 5, 2016.
G.R. No. 224022, June 28, 2017 - TEODORICO A.
ZARAGOZA, Petitioner, v. ILOILO SANTOS TRUCKERS,
INC., Respondent. 15 See People v. Combate, G.R. No. 189301, December 15, 2010, 638 SCRA 797, 824.
A.M. No. P-17-3709 (Formerly OCA IPI No.13- Back to Home | Back to Main
4058-P), June 19, 2017 - JUDGE CELSO O. BAGUIO,
Complainant, v. JOCELYN P. LACUNA, COURT
STENOGRAPHER III, REGIONAL TRIAL COURT,
BRANCH 34, GAPAN CITY, NUEVA ECIJA, Respondent. QUICK SEARCH
OCA IPI No. 11-3800-RTJ, June 19, 2017 - OSCAR
C. RIZALADO, Complainant, v. PRESIDING JUDGE GIL
G. BOLLOZOS, REGIONAL TRIAL COURT, BR. 21,
CAGAYAN DE ORO CITY, MISAMIS ORIENTAL, 1901 1902 1903 1904 1905 1906 1907 1908
Respondent.; OCA IPI No. 12-3867-RTJ, June 19, 1909 1910 1911 1912 1913 1914 1915 1916
2017 - RE: LETTER-COMPLAINT DATED JUNE 27, 2011
OF OSCAR C. RIZALADO AGAINST JUDGE GIL 1917 1918 1919 1920 1921 1922 1923 1924
BOLLOZOS, REGIONAL TRIAL COURT, BRANCH 21, 1925 1926 1927 1928 1929 1930 1931 1932
CAGAYAN DE ORO CITY, RELATIVE TO G.R. NO.
188427 (CYNTHIA G. ESPANO, ET AL. v. DR. OTHELLO 1933 1934 1935 1936 1937 1938 1939 1940
C. GUZMAN, ET AL.); OCA IPI No. 12-3897-RTJ, June 1941 1942 1943 1944 1945 1946 1947 1948
19, 2017 - OTHELLO C. GUZMAN, RICARDO GUZMAN,
MARIO C. GUZMAN, SR., AND ROSARIO GUZMAN 1949 1950 1951 1952 1953 1954 1955 1956
RIZALADO, Complainant, v. PRESIDING JUDGE GIL G. 1957 1958 1959 1960 1961 1962 1963 1964
BOLLOZOS, REGIONAL TRIAL COURT, BRANCH 21,
CAGAYAN DE ORO CITY, MISAMIS ORIENTAL, 1965 1966 1967 1968 1969 1970 1971 1972
Respondent.; OCA IPI No. 13-4070-RTJ, June 19, 1973 1974 1975 1976 1977 1978 1979 1980
2017 - OSCAR C. RIZALADO, Complainant, v.
PRESIDING JUDGE GIL G. BOLLOZOS, REGIONAL 1981 1982 1983 1984 1985 1986 1987 1988
TRIAL COURT, BRANCH 21, CAGAYAN DE ORO CITY, 1989 1990 1991 1992 1993 1994 1995 1996
MISAMIS ORIENTAL, Respondent.
1997 1998 1999 2000 2001 2002 2003 2004
A.C. No. 11600, June 19, 2017 - ROMULO DE MESA 2005 2006 2007 2008 2009 2010 2011 2012
FESTIN, Complainant, v. ATTY. ROLANDO V. ZUBIRI,
Respondent. 2013 2014 2015 2016
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