EN BANC

[G.R. No. 150630-31. October 1, 2003]

PEOPLE OF THE PHILIPPINES, appellee, vs. !I"E OL!#$!R %
O&T'H!N, appellant.
& E ( I S I O N
)IT'G, J.*
Republic Act No. 8385, otherwise also known as the Anti-Rape Act of 1!, has
incorporate" a new chapter in the Re#ise" $enal Co"e. %n a new pro#ision, "esi&nate"
Article '((-A, the cri)e of rape is co))itte" either b* sexual intercourse or b* sexual
assault. Rape b* se+ual intercourse, pursuant to the first para&raph of the article, is
co))itte" b* a man who shall ha#e carnal knowle"&e of a woman un"er an* of the
followin& circu)stances, viz-
(a) Through force, threat, or intimidation;
(b) When the offended party is deprived of reason or otherwise
unconscious;
(c) By means of fraudulent machination or grave abuse of authority; and
(d) When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned above be
present
.he last of the enu)eration, ite) /"0 abo#e, constitutes what is so often referre" to as
statutor* rape. Rape b* se+ual assault, )entione" in the secon" para&raph of the
sa)e article, is co))itte" b* any person who, un"er an* of the aforestate"
circu)stances, inserts his penis into another person1s )outh or anal orifice, or an*
instru)ent or ob2ect into the &enital or anal orifice of another person.
Appellant 3ai)e 4la*bar * 4"tuhan, a.k.a. 3i))*, was char&e" with two counts of
rape, the first for statutor* rape un"er the first para&raph of Article '((-A an" the
secon" for rape b* )eans of se+ual assault un"er the secon" para&raph of the article,
in separate infor)ations that rea"-
Criminal Case No. 00-1600
!That on or about the "
th
day of #eptember, 2$$$, in %asay &ity, 'etro 'anila,
%hilippines and within the (urisdiction of this )onorable &ourt, the above*named
accused, +,-'. /0,1B,2 y /3T4),5, by means of force and intimidation did
then and there, willfully, unlawfully and feloniously have carnal 6nowledge of the
complainant, 2/#. ,55 -5T/ 1 ,7.5-3/, a minor, eight (8) years of age, against
her will and consent9
:1;
Criminal Case No. 00-1601
!That on or about the <
th
day of #eptember 2$$$, in %asay &ity, 'etro 'anila,
%hilippines and within the (urisdiction of this )onorable &ourt, the above*named
accused, +,-'. /0,1B,2 1 /3T4),5, did then and there, willfully, unlawfully
and feloniously commit acts of se=ual assault by inserting his penis into the anus of
complainant, 2/#. ,55 -5T/ 1 ,7.5-3/, a minor, eight (8) years of age, against
the latter>s will and by means of force and intimidation9
:2;
4la*bar entere" a plea of 5not &uilt*6 to both char&es, the cases were consoli"ate"
an" trie" 2ointl* with the prosecution an" the "efense, in that or"er, presentin& their
respecti#e #ersions of the case.
Rose Ann %nto * A#eni"o, an ei&ht-*ear ol" chil", li#es with her fa)il* at ''! 7.B.
8arrison 9treet, $asa* Cit*, in a s:uatter1s area close to a parkin& lot opposite the
;eralco office. 4n <5 9epte)ber '<<<, aroun" se#en o1clock in the e#enin&, Rose Ann
was pla*in& with her frien"s when 4la*bar brou&ht her to a parke" 2eepne* in the
nearb* parkin& lot. %nsi"e the 2eepne*, 4la*bar )a"e Rose Ann lie "own an" ha" his
penis inserte" into her #a&ina. After a while, 4la*bar )a"e her sit on his lap an" put his
penis insi"e her anus. .hat ni&ht, when brou&ht ho)e b* 4la*bar, Rose Ann tol" her
)other, Rea, that 4la*bar )oleste" her. Rea confronte" 4la*bar but the latter "enie"
ha#in& "one an*thin& to Rose Ann. Rea warne" 4la*bar ne#er to co)e near Rose Ann
a&ain. .he followin& e#enin&, on <( 9epte)ber '<<<, between se#en o1clock an"
se#en-thirt*, 4la*bar calle" Rose Ann an", "espite the warnin& )a"e the pre#ious
ni&ht, he a&ain brou&ht her to a parke" 2eepne*, )a"e her sit on his lap an" inserte" his
penis into her anus. 8e then escorte" her ho)e. Rose Ann, 2ust as before, tol" her
)other of what ha" transpire". Rea confronte" 4la*bar but the latter once )ore "enie"
an* wron&"oin&. Rea sou&ht the help of one Ro&er 9iobert an", this ti)e, 4la*bar
a")itte" to Ro&er what he ha" "one. Rea went to the police to report the inci"ent.
=hen brou&ht to the hospital on <! 9epte)ber '<<<, Rose Ann was e+a)ine" b*
>r. ;erle $. .an of the Chil" $rotection ?nit of the ?$-$@8. .he &enital an" anal
e+a)ination "isclose" the followin& fin"in&s-
GENERAL PHYSICAL EXAMINATIN
).-?)T 112 cm W.-?)T 1@" 6g T,55.2 #T,?. 2
?.5.2,0 #427.1 5o stunting, 5o wasting, ,mbulant, 5ot
-n 2espiratory 3istress
'.5T,0 #T,T4# /riented to place and person
&onscious
%.2T-5.5T %)1#-&,0 Breast Tanner #tageA 2
B-53-5?# C %)1#-&,0 (2)*D0/W.2 .ET2.'-T-.#*D
-5+42-.# ?luteals*D ,brasion * F abrasions
about 1*1" cm;
(0)*D0/W.2 .ET2.'-T-.#*D
?luteals*D ,brasion * F abrasions
about 1*1" cm
AN-GENITAL EXAMINATIN
.ET.25,0 ?.5-T,0-, Tanner #tage 2, 0abia 'inoraA
swelling, 0abia 'a(oraA swelling,
&litorisA swelling, 7estibuleA swelling
42.T)2, ,53 #welling, swelling
%.2-42.T)2,0 ,2.,
%.2-)1'.5,0 ,2., swelling
,53 B/##,
5,7-&40,2-#
)1'.5 Tanner #tage 2, swelling of whole
hymen, Type of )ymenA ,nnular
%.2-5.4' %erineal BodyA swelling
3-#&),2?. profuse whitish yellowish
-. ,53 #%.&404' .E,' 5ot -ndicated
,5,0 .E,'-5,T-/5 Buttoc6sA abrasions, %erianal #6inA
swelling, ,nal 7erge, Bolds, 2ugaeA
swelling, laceration of anal folds and
rugae at " and @ o>cloc6
REMAR!S
B/2.5#-& .7-3.5&. 5one
&/00.&T.3
0,B/2,T/21 Trichomonas (Wet %rep)(0aboratory
.E,'-5,T-/5 (.E,' e=amination results pending),
'onilia
,53 2.#40T) (G/) %rep) (0aboratory e=amination
results pending), ?ram #tain
(%ositive)(gram (*) intracellular
diplococci H I 1), ?onorrhea &ulture of
7aginal #wab (%ositive)(for 5eisseria
gonorrhoeaae;), ?onorrhea &ulture
of 2ectal #wab
IMPRESSINS
3isclosure of se=ual abuse
?enital findings show clear evidence of blunt force or penetrating trauma9
:J;
4la*bar ha" nothin& to offer but alibi for his "efense. 8e clai)e" that on the
e#enin& of <5 9epte)ber '<<<, aroun" se#en o1clock, he was at ho)e, an" the
followin& ni&ht, on <( 9epte)ber '<<<, at or about the ti)e the secon" inci"ent was
sai" to ha#e taken place, he was outsi"e the parkin& lot /5nasa labasan0. .he
co)plaint, accor"in& to hi), was file" a&ainst hi) onl* because Rose Ann1s fa)il*
"islike" the i"ea of people parkin& their #ehicles in the #icinit*.
Con#ince" of the stren&th of the e#i"ence sub)itte" b* the prosecution an" the
utter weakness of the case for the "efense, the trial court con#icte" appellant 4la*bar of
the cri)es for which he was in"icte", the court a quo a"2u"&e"-
!W).2.B/2. in &riminal &ase 5o $$*1<$$, accused +aime /laybar y /dtuhan is
hereby sentenced to suffer the penalty of 3eath and to pay the victim civil indemnity
of %@",$$$$$ and %"$,$$$$$ moral damages
!0i6ewise, in &riminal &ase 5o $$*1<$1, accused +aime /laybar y /dtuhan is
hereby sentence to suffer the penalty of 3eath and to pay the victim civil indemnity of
%@",$$$$$ and %"$,$$$$$ moral damages
!-t would appear from the testimony of the complainant, 2ose ,nn -nto that on
#eptember ", 2$$$, aside from having carnal 6nowledge of the victim, accused +aime
/laybar also inserted his finger in her vagina and also inserted his penis into her
anus -n view thereof, the &ity %rosecutor is hereby ordered to conduct an
investigation on the liability of the accused for #ec 1$ (a), ,rt 7- of 2, @<1$ and
2ape, in so far as the above revelation of the complainant which were not alleged in
&riminal &ase 5o $$*1<$$9
:F;
=ith the i)position below of the penalt* of "eath, the recor"s were ele#ate" to this
Court for re#iew. Challen&in& the "ecision of the trial court, appellant woul" a#er that -
!- T). T2-,0 &/42T .22.3 -5 &/57-&T-5? T). ,&&4#.3*
,%%.00,5T /B 2,%. W).5 T). 0,TT.2># ?4-0T W,# 5/T
%2/7.5 B.1/53 2.,#/5,B0. 3/4BT
!-- T). 0/W.2 &/42T .22.3 -5 -'%/#-5? T). #4%2.'.
%.5,0T1 /B 3.,T) 3.#%-T. T). ,B#.5&. /B ,51
K4,0-B1-5? &-2&4'#T,5&. -5 T). -5B/2',T-/5#9
:";
=hile the 4ffice of the 9olicitor @eneral ar&ues that no co&ent reasons e+ist to
o#erturn the con#iction of appellant, it "oes a&ree with the latter, howe#er, that in neither
of the two cases, coul" the penalt* of "eath be aptl* i)pose".
Aike the trial court, which has ha" an opportunit* to obser#e closel* the witnesses in
&i#in& their testi)on* before it, this Court, in its own assess)ent, also fin"s the chil"-
#icti) to be cre"ible, her testi)on* is sufficientl* clear, :uite cate&orical an" "efinitel*
strai&htforwar". Recallin& her or"eal before the trial court, Rose-Ann has testifie"-
57%9CAA BARRERA-
5B Now, on 9epte)ber 5, '<<< at aroun" !-<< p.). where were *ouC
5A % was ho)e at that ti)e.
5B =hile *ou were in *our house frontin& ;eralco office, $asa* Cit* while in *our
house, "o *ou recall of an* unusual inci"ent that transpire" to *ouC
5A Des, there was.
5B =hat was that unusual inci"ent that happene" to *ou at aroun" !-<< p.).C
5A % was calle".
5B =ho calle" *ouC
5A 3i))*, sir.
5B .his 3i))* who calle" *ou, is he insi"e the courtroo)C
5A Des, sir.
5B =ill *ou kin"l* point to 3i))* who calle" *ou insi"e *our houseC
5A Des, sir.
5Court %nterpreter-
=itness pointin& to a person who answere" b* the na)e of 3ai)e 4la*bar.
57iscal Barrera-
5B =hat happene" when he calle" for *ou who) *ou i"entifie" in open court as
3ai)e 4la*barC
5A % ca)e near hi).
5B =here "i" *ou procee" when *ou ca)e near hi)C
5A 8e brou&ht )e to a 2eep.
5B %s that near *our houseC
5A %t is far.
5B But it is near ;eralcoC
5A .he 2eep was besi"e ;eralco.
5B =hat happene" when 3ai)e 4la*bar brou&ht *ou to a 2eepC
5A 8e )a"e )e to la* "own.
5B An" "i" *ou la* EsicF "ownC
5A Des, sir.
5B =hat happene" after *ou were bein& )a"e b* accuse" 3ai)e 4la*bar to la*
"ownC
5A .hen he put his penis insi"e )* #a&ina /pinasok ang titi niya sa pepe ko.0
5B =hat happene" after he place" his penis insi"e *our #a&inaC
5A 8e also inserte" his fin&er insi"e )* #a&ina.
5B =hat else "i" 3ai)e 4la*bar "o to *ouC
5A Gkinalong po niya ako.
5B =hat else happene"C
5A 8e inserte" his penis insi"e )* anus.
5B =hat else happene" after he place" his penis insi"e *our anusC
5A After that nothin& else happene".
5B Dou )ean to sa*, after that *ou went ho)eC
5A 8e brou&ht )e ho)e.
5B 4n the followin& "a*, 9epte)ber (, '<<< between !-<< to !-3< p.)., "o *ou know
of an* unusual inci"ent that happene" to *ou on the ni&ht of 9epte)ber (, '<<<C
5A Des, there was.
5B =hat was that unusual inci"ent that happene" to *ouC
5A 3i))* put a sali#a on his fin&er.
5B =ith that what "i" 3i))* "oC
5A .hen he a&ain put )e on his lap.
5B After he place" *ou on his lap, what happene" ne+tC
5A .hen he put his penis insi"e )* anus.
5B After accuse" 3ai)e 4la*bar place" his penis in *our anus, what happene" ne+tC
5A After that nothin& else happene".
5B =hat "i" *ou "o ne+tC
5A 8e brou&ht )e ho)e.6
E(F
.he testi)on* of Rose Ann was corroborate" b* the )e"ical fin"in&s of >r. ;erle $.
.an, who foun" that there was swellin& of the #icti)1s labia majoris an" minoris clitoris,
the urethra an" periurethral area, the perih*)enal area, the whole h*)en an" the
perineal area. .he secon" assault was likewise confir)e" b* the anal e+a)ination
which showe" swellin& perianal skin an" laceration of anal fol"s an" ru&ae at 55 an" !
o1clock positions.6
E!F
>r. .an, confir)in& her fin"in&s in open court, "eclare"-
5B- 9o, after the sai" )other Rea %nto as well as the patient &a#e their consent for
)e"ico &enital e+a)ination an" anal e+a)ination, what step "i" *ou takeC
5A- =e inter#iewe" the )other re&ar"in& their co)plaint. After which we talke" with
the patient.
5B- =hat "i" *ou &ather fro) *our inter#iewC
5A- >urin& the inter#iew she sai", G9i 3i))* pinasok an& titi sa puwet ko.1 .hen %
aske" her how )an* ti)es, she sai" in her fin&er G"alawa.1
5B- After the sai" inter#iew, what "i" *ou "oC
5A- After that we sub2ecte" the patient to )e"ico &enital an" anal e+a)inations.
5B- =hat was the result of *our )e"ico &enital e+a)inationC
5A- .he patient has labia )a2ora an" labia )inora. Clitoris, swellin& urethra an"
periurethral area, inclu"in& the h*)en was swollen it was annular t*pe.
5B- =hat else "i" *ou fin"C
5A- $rofuse white *ellowish "ischar&e. % also foun" that the perineu) was swollen,
the sa)e with the anus.
5B- =hat "i" *ou fin" when *ou e+a)ine" the anusC
5A- .he anus is also swollen with laceration at 5 an" ! o1clock laceration.
5B- 9o, what else happene" after con"uctin& )e"ico &enital an" anal e+a)ination an"
co)e out with *our fin"in& as *ou earlier state"C
5A- % "i" so)e laborator* e+a)ination such as #a&inal swab culture an" &ra)
stainin&. % "i" also anus swab culture an" urinal*sis of the patient.
5B- An" >r. .an, what "i" the sai" #a&inal swab culture an" &ra) stainin& re#ealC
5A- .he result of &ra) stain Gpositi#e for intracellular "iplococci.1
5B- =hat "o *ou )ean b* that in *our fin"in&C
5A- .hat there is a bacteria insi"e that stain.
5B- =hat woul" be the cause of bacteriaC
5A- .he bacteria is cause" throu&h the #a&inal "ischar&e fro) the patient. Re&ar"in&
the culture #a&inal swab also positi#e for neisseria &onorrhea.
5B- An" this &onorrhea *ou referre" to se+uall* trans)itte" "iseaseC
5A- Des, sir.
5B- =hat about the anal e+a)ination as *ou )entione" *ou perfor)Ee"F anal swab
culture an" urinal*sis, what was this urinal*sisC
5A- ?rinal*sis shows white bloo" cells.
5B- %s that all that *ou Efoun"F "urin& laborator* e+a)inationC
5A- .he anal swab showe" ne&ati#e for &onorrhea.
5B- .he result of *our #a&inal as well as anal e+a)ination are all containe" in these
four "ocu)entEsF pre#iousl* )arke" as E+hs. E to E-3C
5A- Des, sir.
5B- =ere *ou also furnishe" cop* of the 9ala*sa* of the patient re&ar"in& her
co)plaintC
5A- =e were not furnishe" b* sai" state)ent.
5B- >octor, a perusal of the co)plaint of Rose Ann %nto, woul" re#eal that she was
co)plainin& she was se+uall* abuse" b* the herein accuse" 3ai)e 4la*bar b*
Einsertin&F his penis EintoF her #a&ina an" inserte" his fin&er insi"er her #a&ina also
an" inserte" his penis insi"e the anus, woul" *our fin"in& re&ar"in& the sai"
)e"ico &enital e+a)ination as well as the anal e+a)ination as containe" in E+hs.
C an" > woul" be co)patible in *our fin"in&C
5Att*. Casas-
=e ob2ect to the :uestion because as the su))ar* of the inter#iew as state" in the
)e"ical certificate.
5Court-
7or&et the inter#iew she was testif*in& in her fin"in&. 4#errule", answer.
5A- Des, sir, there is a penetration "one with the chil".
57iscal Barrera-
5B- %1) confrontin& *ou with *our fin"in&, there was an e+a)ination on the h*)en as
well as the anusC
5A- Des, sir. .here was penetration that has been "one to the chil", specificall* the
chil" ac:uire" se+uall* trans)itte" "isease that can be &athere" such as an act.
5B- =hat an act, is it co)patible with the co)plaint of the chil"C
5A- .here is a penetration "one an" accor"in& to the laborator* e+a)ination the
patient has ac:uire" se+uall* trans)itte" "isease. .his can be "one b* se+ual
act.
5B- B* se+ual act, *ou )ean b* insertion of the penis insi"e the #a&inaC
5A- Des, sir.
5B- =hen *ou state" *ou foun" that the patient contracte" &onorrheaC
5A- .he ti)e that % e+a)ine" the patient, the patient has alrea"* #a&inal "ischar&e.
5B- An" with that )e"ico &enital e+a)ination as well as anal e+a)ination, a) % correct
to sa*, *ou now &a#e *our i)pression "isclosure of se+ual abuseC
5A- Des, sir.
5B- An" that there was a clear e#i"ence of penetrationC
5A- Des, sir.
5B- An" *ou state" the swellin& of the h*)en coul" ha#e been cause" b* the
penetration of a )ale penisC
5A- .he swellin& of the h*)en "ue to an* penetration.
5B- =hen *ou sa* swellin& of the h*)en coul" it be cause" b* an* penetration an" it
is possible at an* cause b* insertion of the fin&erC
5A- Des, it can be possible.
5B- Re&ar"in& *our fin"in& as to the anal e+a)ination, *ou sai" *ou foun" swellin&
perianal skin with laceration of anal fol"s an" ru&ae at 5 an" ! o1clock, what woul"
ha#e been the cause of the swellin& of the anus as well as the 5 an" ! o1clock
positionC
5A- .he cause can be an*thin& fro) insertion to the anus be cause" laceration.
5B- Both swellin& an" laceration is cause" b* insertion an" continue" insertion of a
)ale penisC
5A- %t can be.
5B- An" *our fin"in& are all containe" in E+hs. C an" >, $ro#isional ;e"ico-Ae&al
Report an" 7inal ;e"ico Ae&al ReportC
5A- Des, sir.6
E8F
;ere "enial without an* stron& e#i"ence to support it, can scarcel* o#erco)e the
positi#e "eclaration b* the chil"-#icti) of the i"entit* an" in#ol#e)ent of appellant in the
cri)es attribute" to hi). .he "efense of alibi is likewise una#ailin&. %t is not enou&h, in
or"er that alibi )i&ht prosper, to pro#e that the accuse" has been so)ewhere else
"urin& the co))ission of the cri)e, it )ust also be shown that it woul" ha#e been
i)possible for hi) to be an*where within the #icinit* of the cri)e scene.
EF
%n this case,
appellant hi)self has a")itte" bein& 2ust aroun" the nei&hborhoo" at the ti)e.
Anent the often-in#oke" clai) that that it woul" ha#e been i)possible for appellant
to brin& an" )olest the #icti) to the 2eepne* in a public place an" in the presence of
)an* people, the Court woul" not nee" to belabor further that rape has been known to
be co))itte" not onl* in seclusion but also in places where people con&re&ate, such as
in a park, alon& the roa"si"e, within school pre)ises, insi"e an occupie" house or e#en
in a roo) where there are other people aroun".
E1<F
7inall*, the Court fin"s it )uch too fli)s* an" scarcel* with an* sense for appellant
to conten" that the char&es a&ainst hi) ha#e been file" on account si)pl* of Rose
Ann1s fa)il* bein& resentful of #ehicles bein& allowe" to park nearb* their area.
.he trial court has "ecree" the penalt* of "eath on account of circu)stance
nu)bere" ( of Article '((-A, i.e., that when 5the offen"er knows that he is afflicte" with
8u)an %))uno->eficienc* Hirus /8%H0, Ac:uire" %))une >eficienc* 9*n"ro)e /A%>90
or an* other se+uall* trans)issible "isease an" the #irus or "isease is trans)itte" to the
#icti),6 the i)position of the e+tre)e penalt* of "eath woul" be warrante". =hile it is
establishe" that Rose Ann, in"ee", has contracte" a se+uall* trans)itte"-"isease, no
e#i"ence, howe#er, has been a""uce" to show the latter1s bein& aware of his own
affliction with such a "isease. %n fact, that a&&ra#atin& circu)stance is not e#en alle&e"
in the two %nfor)ations.
%n Cri)inal Case No. <<-1(<<, the penalt* i)pose" upon appellant for the offense
of statutor* rape, absent an* a&&ra#atin& circu)stance that can be consi"ere", )ust,
accor"in&l*, be re"uce" to reclusion perpetua. %n Cri)inal Case No. <<-1(<1, the
penalt* for the offense of rape b* se+ual assault, confor)abl* with Article '((-B of the
Co"e, is prision mayor or one "e&ree lower than that i)pose" for rape b* se+ual
intercourse. Appl*in& the %n"eter)inate 9entence Aaw, an" absent an* )o"if*in&
circu)stance, the i)posable penalt* shoul" then be an*where fro) ei&ht /80 *ears an"
one /10 "a* to ten /1<0 *ears of prision mayor )e"iu), as )a+i)u) penalt*, an"
an*where within the ran&e of fro) si+ /(0 )onths an" one /10 "a* to si+ /(0 *ears
of prision correccional, as )ini)u) penalt*, for the offense.
%n line with pre#ailin& 2urispru"ence, the #icti), in a case for si)ple statutor* rape
b* se+ual intercourse, is entitle" to $5<,<<<.<< ci#il in"e)nit* an" $5<,<<<.<< )oral
"a)a&es. 7or bein& likewise the #icti) of rape b* se+ual assault, she is a""itionall*
entitle" to an awar" of $3<,<<<.<< ci#il in"e)nit* an" $3<,<<<.<< )oral "a)a&es.
+HEREFORE, this Court, fin"in& appellant 3ai)e 4la*bar * 4"tuhan &uilt*, on two
counts, of rape, hereb* sentences hi) to suffer, in Cri)inal Case No. <<-1(<<, the
penalt* of reclusion perpetua for rape b* se+ual intercourse an", in Cri)inal Case No.
<<-1(<1, the penalt* of i)prison)ent fro) four /I0 *ears an" two /'0 )onths of prision
correccional, as )ini)u) penalt*, to nine /0 *ears an" one /10 "a* of prision mayor, as
)a+i)u) penalt*, for rape b* se+ual assault. Appellant is likewise or"ere" to pa* Rose
Ann %nto * A#eni"o ci#il in"e)nit* of 7ift* .housan" /$5<,<<<.<<0 $esos an" )oral
"a)a&es of 7ift* .housan" /$5<,<<<.<<0 $esos for the offense of statutor* rape b*
se+ual intercourse an" another ci#il in"e)nit* of .hirt* .housan" /$3<,<<<.<<0 $esos
an" )oral "a)a&es of .hirt* .housan" /$3<,<<<.<<0 $esos for the cri)e of rape b*
se+ual assault. Costs de oficio.
SO OR&ERE&.
avide, !r., C.!., "ellosillo, #uno, #anganiban, $uisumbing, %nares&'antiago,
'andoval&(utierrez, Carpio, )ustria&*artinez, Carpio&*orales, Callejo, 'r.,
)zcuna, an" +inga, !!., concur.
Corona, !., on lea#e.
E1F
Rollo, p. 18.
E'F
Rollo, p. '<.
E3F
7inal ;e"ico-Ae&al Report, Recor"s, p. 1!1.
EIF
Rollo, p. 3!.
E5F
Rollo, p. 5I.
E(F
.9N, 1( 3anuar* '<<1, pp. 3-(.
E!F
7inal ;e"ico-Ae&al Report, Recor"s, p. 1!1.
E8F
.9N, <! >ece)ber '<<<, pp. (-1<.
EF
$eople #. Cana, @.R. No. 13'', '' April '<<'.
E1<F
$eople #. EscaJo, @.R. Nos. 1I<'18-'3, 13 7ebruar* '<<'.