G.R. No. 128875 July 8, 1999 - PEOPLE OF THE PHIL. v. DEMETRIO NUÑEZ Y DUBDUBAN: July 1999 - Philipppine Supreme Court Decisions

G.R. No. 128875 July 8, 1999 - PEOPLE OF THE PHIL. v.
DEMETRIO NUÑEZ Y DUBDUBAN : July 1999 - Philipppine Supreme Court Decisions 3/15/21, 9:55 AM
Home Law Firm Law Library Laws Jurisprudence
July 1999 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court

Jurisprudence
Search
Philippine Supreme Court Jurisprudence > Year 1999 > July 1999
Decisions > G.R. No. 128875 July 8, 1999 - PEOPLE OF THE PHIL. v.
ChanRobles Professional DEMETRIO NUÑEZ Y DUBDUBAN:
Review, Inc.
EN BANC
https://www.chanrobles.com/cralaw/1999julydecisions.php?id=496 Page 1 of 20
G.R. No. 128875 July 8, 1999 - PEOPLE OF THE PHIL. v. DEMETRIO NUÑEZ Y DUBDUBAN : July 1999 - Philipppine Supreme Court Decisions 3/15/21, 9:55 AM
ChanRobles On-Line Bar [G.R. No. 128875. July 8, 1999.]

Review
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DEMETRIO
NUÑEZ Y DUBDUBAN, Accused-Appellant.
DECISION
YNARES-SANTIAGO, J.:
For sheer carelessness of the prosecutors in this case in ensuring that

the information contains all the essential allegations, a man who
deserves no less than the supreme penalty of death for violating his
own flesh and blood gets off with a sentence of reclusion perpetua. chanrobles virtual lawlibrary
ChanRobles CPA Review

Complainant Janeth Nuñez was born on August 30, 1981 to Demetrio
Online
Nuñez and Nelia Ebay. When her mother took on a job as domestic
helper in Guam, Janeth stayed on with her father and younger
brother in Lower Cabantian, Buhangin, Davao City.
On January 17, 1996, at around 10:00 p.m., complainant was roused

from her sleep and discovered that her shorts and panties had been
taken off. Her father, whom she found beside her, touched her nipple
and inserted his finger into her vagina. He also sucked her nipple.
Complainant pushed her father away, whereupon he returned to bed
and complainant put on her shorts and panties and went back to
sleep. She woke up again later and saw her father on top of her. He
inserted his penis into her vagina. She pushed him aside and felt
sticky fluid spill on her thigh and vagina. When her father left,
complainant just sat down and could no longer sleep.
ChanRobles Special
Lecture Series The following day, complainant confided the incident to her classmate
and her teacher, Mrs. Meliana Geradona, who reported the matter to
the police. Complainant thereafter submitted herself to an
examination by the Medico-Legal Officer of the Davao City Health
Office, Dr. Danilo Ledesma, who found a superficial laceration on her
hymen at 6:00 o’clock position. chanroblesvirtual|awlibrary
The incident made complainant very angry at her father, so she

voluntarily instituted a case which led to the filing of the following
Information with the Regional Trial Court of Davao City: chanrob1es virtual 1aw library
INFORMATION
The undersigned accuses the above-named persons (sic) of the

felony of Rape, under Article 335 of the Revised Penal Code in
relation to Republic Act 7659, at the instance of Janeth Ebay Nuñez,
whose affidavit is hereto attached to form part of this information,
committed as follows: chanrob1es virtual 1aw library
that on or about January 17, 1996, in the City of Davao, Philippines,

and within the jurisdiction of this Honorable Court, the above-
mentioned accused, by means of force, wilfully, unlawfully and
feloniously had carnal knowledge of his daughter Janeth E. Nuñez,
against her will.
SPONSORED SEARCHES
criminal records CONTRARY TO LAW.
case law Davao City, Philippines, January 22, 1995.
litigation lawyer
(SGD.) LOLITO O. EVANGELIO
dividend stocks
Prosecutor I
international law
When arraigned on January 30, 1996, the accused entered a plea of
SPONSORED SEARCHES not guilty. 1 Thereafter, trial on the merits ensued.
dividend stocks
The prosecution presented Dr. Ledesma, 2 PO2 Raul Tonzo, 3 who
international law arrested the accused, and Social Welfare Assistant Milagros Basmayor
4 who interviewed complainant. chanroblesvirtuallawlibrary
law =rm
law school On the second hearing day, November 14, 1996, defense counsel
manifested that the accused was willing to plead guilty. After finding
stock market that the accused was making his plea voluntarily, the court entered
his plea of guilt. 5
The prosecution then presented its remaining two witnesses, Meliana

D. Heradona, 6 Janeth Nuñez’s teacher, and the victim herself, Janeth
Nuñez. 7
Following the testimony of Janeth, and the offer of its exhibits as

evidence, the prosecution rested its case.
SPONSORED SEARCHES At the hearing for the presentation of evidence for the defense, the
law school accused, through his counsel, manifested that he would no longer
present any evidence, not even his own testimony, but would merely
submit the case for decision based on the evidence submitted by the
prosecution. 8
On January 23, 1997, the trial court rendered its Decision, 9 the
dispositive portion of which reads: jgc:chanrobles.com.ph
stock market
"Accordingly, finding the evidence of the prosecution more than
sufficient to prove the guilt of accused, Demetrio Nuñez y Dubduban
of the offense charged beyond reasonable doubt, notwithstanding his
July-1999 Jurisprudence plea of guilty of the offense charged pursuant to Rep. Act 7659,
Section 11, sub-par. 7 thereof, Accused, Demetrio Nuñez y
Dubduban, is sentenced to suffer the supreme penalty of death by
G.R. No. 104600 July 2, lethal injection pursuant to Rep. Act 8176, amending Sec. 24 of Rep.
1999 - RILLORAZA ET AL. Act 7659 as to the manner therein provided, subject to such method
v. EASTERN of carrying out his sentence as may be provided for under said Rep.
TELECOMMUNICATIONS Act or any regulation under such other means and procedure therein
PHILS., ET AL. provided.
G.R. No. 109493 July 2, Moreover, pursuant to Art. 100 in relation to Art. 104 of the Revised
1999 - SERAFIN AQUINO, Penal Code, governing civil indemnity accused is furthermore ordered
ET AL. v. COURT OF to indemnify complainant, Janeth Nuñez, his daughter, the amount of
APPEALS, ET AL. P30,000.00, by way of moral damages for all the ignominy and
sufferings she incurred out of accused demonic act of sexually
G.R. No. 116151 July 2, abusing his own daughter.
1999 - ESTER JANE
VIRGINIA F. ALMORA, ET Finally, in accordance with the automatic review of the Supreme
AL. v. COURT OF APPEALS, Court of this judgment, it appearing accused was charged of a capital
ET AL. offense, considered heinous crime, the Branch Clerk of Court of this
court, is ordered to at once after promulgation of this judgment to
G.R. No. 119398 July 2, accused, elevate the entire records of this case with the Clerk of
1999 - EDUARDO M. Court of the Supreme Court, Manila, for review, evaluation and final
COJUANGCO v. COURT OF appropriate action.
APPEALS, ET AL.
SO ORDERED." 10
G.R. No. 120642 July 2,
1999 - PEOPLE OF THE In his Appellant’s Brief, Accused raised a lone assignment of error —
PHIL. v. RONNIE REYES
and NESTOR PAGAL THE TRIAL COURT GRAVELY ERRED IN ACCEPTING ACCUSED-
APPELLANT’S IMPROVIDENT PLEA OF GUILTY TO A CAPITAL OFFENSE
G.R. No. 124765 July 2,
1999 - PEOPLE OF THE AND IN FAILING TO CONDUCT A SEARCHING INQUIRY TO FULLY

PHIL v. ERNESTO RAMOS DETERMINE WHETHER THE ACCUSED FULLY UNDERSTOOD THE
CONSEQUENCES OF HIS PLEA. 11 chanrobles virtuallawlibrary
G.R. No. 125498 July 2,

1999 - CONRADO B. The records reveal that in making the plea of guilt, the accused was
RODRIGO v. proceeding under the mistaken assumption that a plea of guilt would
SANDIGANBAYAN, ET AL. mitigate his liability. Rather than correcting this misconception, the
trial court contributed to the mistaken belief of the accused. The
G.R. Nos. 126044-45 records will show the infirmity attending such plea –
July 2, 1999 - PEOPLE OF
THE PHIL. v. NONOY "FISCAL EVANGELIO: chanrob1es virtual 1aw library
DIZON
For the Prosecution, we are ready.

G.R. No. 126950 July 2,
1999 - NELSON NUFABLE,
ATTY. TE: chanrob1es virtual 1aw library
ET AL. v. GENEROSA
NUFABLE, ET AL
Respectfully appearing for the accused.
G.R. No. 129120 July 2,

COURT:
1999 - PEOPLE OF THE
chanrob1es virtual 1aw library
PHIL. v. COURT OF
APPEALS, ET AL. How many more witnesses?
G.R. No. 134090 July 2, FISCAL EVANGELIO: chanrob1es virtual 1aw library
1999 - ERNESTO R. CRUZ

v. COURT OF APPEALS, ET Two witnesses and we shall rest our case.
AL.
G.R. No. 134503 July 2,

1999 - JASPER AGBAY v. The accused is not yet around your honor.
DEPUTY OMBUDSMAN FOR
THE MILITARY, ET AL. FISCAL EVANGELIO: chanrob1es virtual 1aw library
G.R. Nos. 76416 and

Considering the gravity of this case in case of conviction for death in
94312 July 5, 1999 -
view of the qualifying circumstance of the relationship as father and
PEOPLE OF THE PHIL. v.
daughter.
RUSTOM BERMAS and
GALMA ARCILLA
COURT: chanrob1es virtual 1aw library
G.R. No. 97347 July 6,

If he pleads guilty of the offense, . . .
1999 - JAIME G. ONG v.
COURT OF APPEALS, ET AL.
G.R. No. 110085 July 6,

1999 - PEOPLE OF THE I have conferred with the accused and he is asking for time.
PHIL. v. ANDRES R.
MACUHA, ET AL. COURT: chanrob1es virtual 1aw library
G.R. Nos. 121662-64 There is no more time.

July 6, 1999 - VLASON
ENTERPRISES CORP. v. ATTY. TE: chanrob1es virtual 1aw library
The accused is willing to plead guilty.

G.R. Nos. 127125 &
138952 July 6, 1999 -
PEOPLE OF THE PHIL. v.

ALEX PANIDA, ET AL.
If he pleads guilty, it could be mitigating. It is still life imprisonment.
And so, whether it is life imprisonment, we still have the prosecution
G.R. No. 131618 July 6,
to present its evidence. If he pleads guilty to mitigating
circumstance, the penalty will depend on the evidence of the
PHIL. v. DOMINADOR
prosecution.
MANGAT Y PALOMATA
ATTY. TE:
G.R. No. 134826 July 6,
chanrob1es virtual 1aw library
1999 - RENE CORDERO v.

COMELEC, ET AL. For humanitarian reason, we may be allowed that accused could not
be sentenced to death?
G.R. No. 119942 July 8,

1999 - FELIPE E. PEPITO COURT: chanrob1es virtual 1aw library
ET AL. v. COURT OF
APPEALS, ET AL. The court cannot determine the sentence. If accused will plead guilty,
the court will require the prosecution to present their evidence to
G.R. No. 121176 July 8, determine the penalty. chanroblesvirtual|awlibrary

PHIL. v. MARLON PARAZO ATTY. TE: chanrob1es virtual 1aw library
G.R. No. 126258 July 8,

I have conferred with the accused, Accused confided to this
1999 - TALSAN
representation that he will enter or want to withdraw his earlier plea
ENTERPRISES, ET AL. v.
of not guilty and instead enter a plea of guilty after this
BALIWAG TRANSIT, ET AL.
representation explained to accused with regards with his re-
arraignment.
G.R. No. 128875 July 8,
PHIL. v. DEMETRIO NUÑEZ

Y DUBDUBAN
Re-arraigned the accused upon manifestation of counsel.
G.R. No. 122917 July 12,

1999 - MARITES (Accused pleaded guilty to the information).
BERNARDO, ET AL. v.
NLRC, ET AL. Q I will ask you this question. In your plea of guilty, did you
understand that you are pleading guilty to a capital offense?
A.M. No. P-98-1267 July
13, 1999 - ALFREDO S. A Yes.
CAIN v. EVELYN R. NERI
Q Your counsel, Atty. Te explained to you the implication of your plea
AM No. RTJ-99-1455 July of guilty?
13, 1999 - REYNALDO DE
VERA v. SANCHO A. DAMES A Yes.
II
Q And I explain to you that when you plead guilty to a capital
G.R. No. 120160 July 13, offense, it is either life or death penalty?
PHIL. v. RODOLFO A Yes.
ATREJENIO y LIBANAN
Q I am also explaining to you that consequences, you still continue
G.R. No. 128074 July 13, your plea of guilty of the capital offense?
PHIL. v. ISA ABDUL ET AL. A Yes.
G.R. No. 104302 July 14, Q Did the court gets (sic) from you that your admission of your plea
1999 - REBECCA R. of guilty is your own will as stated by you, as explained by the court
VELOSO v. CHINA as well as your counsel?
AIRLINES LTD.
A Yes.
G.R. No. 106435 July 14,
1999 - PAMECA WOOD Q Your plea of guilty is your own personal and voluntary plea without
TREATMENT PLANT, ET AL. any existing force and intimidation from anybody?
v. COURT OF APPEALS, ET
AL. A Yes, it is my own will.
G.R. No. 123646 July 14, COURT: chanrob1es virtual 1aw library
1999 - NAZARIO C.
AUSTRIA v. NLRC, ET AL Since the plea of guilty of the accused as voluntarily entered with the
assistance of his counsel de oficio as well as explanation given by this
G.R. No. 124873 July 14, court to him, entering the plea of guilty of the accused, withdrawing
1999 - UNITED BF his previous plea of not guilty, the court will require the prosecution
HOMEOWNER’S to present their evidence as required by the court.
ASSOCIATION v. BF
HOMES, INC.
G.R. No. 130381 July 14,

1999 - FRANCISCO May we moved (sic) that the mitigating circumstance of plea of guilty
HERRERA v. PATERNO of accused be accepted in favor of the accused.
CANLAS, ET AL.
G.R. No. 130636 July 14,

Make that of record." 12 (Emphasis, Ours)
PHIL. v. CARLITO
QUIBOYEN
Evidently, both the trial court and counsel for the accused led the
accused to believe that his plea of guilt would be a mitigating
G.R. No. 126947 July 15,
circumstance in his favor. This was clearly misleading because (1) a
1999 - HARRY ANG PING v.
plea of guilty may only be considered as mitigating when seasonably
interjected, that is, before the prosecution presents its evidence; 13
and (2) the penalty of death is indivisible and is not affected by either
G.R. No. 133215 July 15,
aggravating or mitigating circumstances. Clearly, too, the accused
1999 - PAGPALAIN
was not categorically advised that his plea of guilt would not under
HAULERS v. CRESENCIANO
any circumstance affect or reduce his sentence, making his re-
B. TRAJANO, ET AL.
arraignment flawed. 14
G.R. No. 137796 July 15,

However, even if the plea of guilt of the accused was improvidently
1999 - MONDRAGON
made, it does not work to effectively vacate the finding of guilt made
LEISURE AND RESORTS
by the trial court. We note that at the onset, the accused had entered
CORP, ET AL. v. COURT OF
a plea of not guilty but had merely changed this plea to one of guilt
APPEALS, ET AL.
midway during the presentation of evidence for the prosecution. It is
a settled rule that a decision based on an irregular plea may
G.R. No. 110086 July 19,
nevertheless be upheld where the judgment is supported by other
1999 - PARAMOUNT
adequate evidence on record. 15 And such other evidence supports
INSURANCE CORP. v.
the finding of guilt in the instant case. chanrobles virtual lawlibrary
First, We have the direct and straightforward testimony of Janeth

G.R. No. 120972 July 19,
recounting the violation of body and spirit she suffered from her very
1999 - JOSE AGUILAR, ET
own father. Her account of the harrowing incident is as follows —
AL. v. COURT OF APPEALS,
ET AL.
"Q Now, on January 17, 1996, where were you?
G.R. Nos. 121315 &

A At home.
122136 July 19, 1999 -
COMPLEX ELECTRONICS
Q Sometime in the evening of January 17, 1996, can you tell the
EMPLOYEES ASSOCIATION
court what happened?
(CEEA) v. NLRC, ET AL.
A Yes.
G.R. No. 123143 July 19,

PHIL. v. GIL TADEJE, ET Q Tell the court what happened.
AL.
A I was molested by my father.
G.R. Nos. 123550-51
July 19, 1999 - PEOPLE OF Q Can you describe to the Hon. Court, how your father molested you?
THE PHIL. v. LEONARDO
AQUINO Y CALOT, ET AL. A Yes, sir.
G.R. No. 127005 July 19, Q Please do so.

1999 - JOSE ROSARIO, ET
AL. v. COURT OF APPEALS, A On that night, January 17, 1996, my father told us to sleep at
ET AL. 10:00 p.m.
G.R. No. 127485 July 19, Q What happened next?

PHIL. v. FERNANDO A I mean, it was about 7:00 to 8:00 p.m., that he told us to sleep.
RAMILLA
Q What happened next?
G.R. No. 131522 July 19,
1999 - PACITA I. HABANA, A When I woke up at about 10:00 p.m., on the same night, I have no
ET AL. v. FELICIDAD C. more short pants including my panty.
ROBLES, ET AL.
Q You said, you noticed that you are undress. What else did you
G.R. No. 134015 July 19, notice to your body?
1999 - JUAN DOMINO v.
COMELEC, ET AL. A He puddled my nipple. (sic)
G.R. No. 134998 July 19, Q Are you referring to your father?
1999 - SILVESTRE TIU v.
DANIEL MIDDLETON, ET A Yes, sir.
AL.
Q What else did you noticed?
A.M. No. 95-11-P July
20, 1999 - ELEONOR T.F. A He inserted his finger in my vagina.
MARBAS-VIZCARRA v.
GREGORIA R. FLORENDO Q What else did your father do?
A.M. No. 99-5-26-SC July A He sucked my nipple.

20, 1999 - RE: DONATION
BY THE PROVINCE OF Q Aside from sucking your nipple, what else your father do?
BILIRAN
A I already pushed him aside.
A.M. No. 99-7-07-SC July

20, 1999 - RESOLUTION Q After pushing him, what happened next?
PRESCRIBING GUIDELINES
FOR QUALIFYING FOR A He went back to where he was sleeping. chanroblesvirtual|awlibrary
JUDICIAL OFFICE
Q How about you, where did you go?

G.R. No. 100789 July 20,
1999 - AUGUSTO A. A I put on again my panty and short.
CAMARA, ET AL. v. COURT
OF APPEALS, ET AL. Q Did you sleep again?
G.R. No. 103547 July 20, A Yes, sir.

PHIL. v. ROMEO MALLARI Q What happened when you sleep again?
G.R. No. 110798 July 20, A When I woke up again, he was already on top of me.
1999 - ODELON T.
BUSCAINO v. COMMISSION Q Who was actually on top of you?
ON AUDIT
A My father.
G.R. No. 112963 July 20,
1999 - PHIL. WIRELESS Q Why did you say that it was actually your father who is on top of
INC. (Pocketbell), ET AL. v. you?
NLRC, ET AL.
A Because there was no other person in the house, except my father.

G.R. No. 120236 July 20,
1999 - E.G.V. REALTY Q When your father was on top of you, what did you feel in your
DEV’T. CORP., ET AL. v. body, if any?
A He inserted his penis to my vagina.

G.R. No. 122122 July 20,
1999 - PHIL. FRUIT & Q What made you say that he inserted his penis in your vagina?
VEGETABLE INDUSTRIES v.
NLRC, ET AL. A Because there was a hard thing that penetrate my vagina and I
pushed him aside and there was a sticky thing on my thigh and
G.R. No. 123010 July 20, vagina.
PHIL. v. MAGED T. Q What is this sticky thing are you referring?
GHARBIA
A It was a white sticky thing.

G.R. No. 124032 July 20,
1999 - PEOPLE OF THE Q You said that the penis of your father was inserted in your vagina.
PHIL. v. MONTGOMERY
VIDAD, ET AL. What is the extent of the penis that inserted to your vagina?
G.R. No. 127122 July 20, A Only a short portion of his penis.
PHIL. v. JOVITO LOSANO Q When you know it was your father, who was doing that act to you
that evening, what did you do?
G.R. No. 127574 July 20,
1999 - PEOPLE OF THE A I was afraid. I was not able to sleep. I sat on the side of the room
PHIL. v. WILFREDO and never again sleep.
SUGANO
Q When you mean on top of you, what did you do?
G.R. No. 128286 July 20,
1999 - PEOPLE OF THE A I pushed him.
PHIL. v. GILBERT BASAO,
ET AL. Q What was the reaction of your father when you pushed him?
G.R. No. 128839 July 20, A He again sleep.

PHIL. v. GODOFREDO Q Because of the incident, did you report the matter to the police
TEVES authorities?
G.R. No. 129535 July 20, A The following morning, and I confided this to my classmate.
PHIL. v. CALIXTO Q Who else did you confide with?
RECONES, ET AL.
A My teacher.
G.R. No. 130372 July 20,
1999 - PEOPLE OF THE Q Are you referring to Mrs. Heradona?
PHIL. v. GUIAMAD
MANTUNG A Yes.
G.R. No. 131099 July 20, Q Now, because of the incident, do you recall if you have submitted
1999 - DOMINGO for a medical examination?
CELENDRO v. COURT OF
APPEALS, ET AL. A Yes.
G.R. No. 131405 July 20, Q Showing to you this medical certificate, is this the same medical
1999 - LEILANI MENDOZA certificate which was your medical certificate issued by Dr. Ledesma?
v. NLRC, ET AL.
A Yes.
G.R. No. 134213 July 20,
1999 - ROMEO J. GAMBOA, Q Were you interviewed by Dr. Ledesma in connection with this
JR. v. MARCELO AGUIRRE, incident?
ET AL.
A Yes." 16
G.R. No. 111762 July 22,
1999 - ROY A. DIZON v. We are inclined to give much weight to her testimony since it is a
COURT OF APPEALS, ET AL. reputable precept that testimonies of rape victims who are young or
of tender age are credible. The revelation of an innocent child whose
G.R. No. 121038 July 22, chastity was abused deserves full credit. Courts usually lend credence
1999 - TEOTIMO EDUARTE to the testimony of a young girl especially where the facts point to
v. COURT OF APPEALS, ET her having been a victim of sexual assault. 17 Indeed, "no woman,
AL especially of tender age, would concoct a story of defloration, allow
an examination of her private parts, and thereafter pervert herself by
G.R. No. 122947 July 22, being subjected to a public trial if she was not motivated solely by
1999 - TIMOTEO BALUYOT, the desire to have the culprit apprehended and punished." 18 More
ET AL. v. COURT OF telling, a daughter especially of tender age, would not accuse her
APPEALS, ET AL. own father of such a heinous crime as rape had she really not been
aggrieved. 19 chanroblesvirtuallawlibrary
G.R. No. 123926 July 22,

1999 - ROGELIO MARISCAL Janeth’s credibility is strengthened by the fact that no motive was
v. COURT OF APPEALS, ET shown for her to testify falsely against the accused, who, incidentally
AL. and unfortunately, is her own father. 20 That she lost no time and
immediately reported the rape the following day to her teacher
G.R. No. 129254 July 22, further bolsters her credibility. 21 Indeed, Janeth’s testimony alone,
1999 - PEOPLE OF THE which is credible, is sufficient to sustain the conviction of her ravisher.
PHIL. v. RICARDO JANAIRO 22
G.R. No. 129112 July 23, The charge of rape was adequately established not only by Janeth’s
1999 - PEOPLE OF THE straightforward testimony but likewise by that of Dr. Danilo Ledesma
PHIL. v. JIMMY MIJANO who testified as follows —
A.M. No. 98-12-377-RTC "Q As the attending physician in this case, do you confirm all the
July 26, 1999 - RE: CASES entries in this particular medical report Doctor?
LEFT UNDECIDED BY
JUDGE SEGUNDO B. A Yes, sir.
CATRAL
Q Inviting your attention to the genital examination entry in your

A.M. No. RTJ-99-1464 report Dr. which you said among other things, that there was
July 26, 1999 - EUSEBIO superficial laceration at 6:00 o’clock position, will you explain the
GO, ET AL. v. BENJAMIN A. meaning of that findings?
BONGOLAN
A When I examine the genitals of the patient, I saw that the hymen
G.R. No. 120998 July 26, had laceration superficial, and healing laceration at 6:00 position,
1999 - PEOPLE OF THE corresponding to the face of the watch. Meaning to say, if we
PHIL. v. DIONEL MEREN
compare the hymen to the face of the watch, the laceration is 6:00
G.R. No. 126096 July 26, o’clock.
PHIL. v. AMADO SANDRIAS Q As an examiner, what would have cause such laceration?
JAVIER
A As a general role, the hymen is laceration for the first time during
G.R. No. 126745 July 26, the first sexual intercourse. (sic)
1999 - AFP MUTUAL
BENEFIT ASSO. v. COURT Q In your conclusion, you said that there was a healing genital
OF APPEALS, ET AL. laceration, what do you mean by that? chanroblesvirtualawlibrary
G.R. No. 130092 July 26, A Meaning to say, when I saw the patient, the laceration was already
1999 - PEOPLE OF THE more than 24 hours.
PHIL. v. ALFREDO
BRANDARES Q You are referring to the laceration mentioned in your genital
examination?
G.R. No. 130546 July 26,
1999 - PEOPLE OF THE A Yes, sir." 23
PHIL. v. RAMON FLORES
Against these pieces of evidence, the accused had nothing to offer.

G.R. No. 125539 July 27, He did not even testify in his own behalf and merely submitted his
1999 - PEOPLE OF THE case on the basis of the prosecution’s evidence. The studied silence
PHIL. v. ALFONSO PATALIN, of the accused on the evidence for the rape amounts to an admission
ET AL. of the sexual congress. 24
G.R. No. 132242 July 27, In light of the foregoing as well as the clear, convincing and
1999 - ROBERTO S. competent physical and testimonial evidence, this Court is convinced
ALBERTO v. COMELEC that accused has been proven guilty beyond reasonable doubt of the
crime of rape.
G.R. No. 137718 July 27,
1999 - REYNALDO O. Although the matter of the proper imposition of the penalty is not
MALONZO, ET AL. v. assigned as an error by the accused, nevertheless, it is a well-
RONALDO B. ZAMORA, ET established rule in criminal procedure that an appeal in a criminal
AL. proceeding throws the whole case open for review and it becomes the
duty of the appellate court to correct an error as may be found in the
A.M. No. P-98-1264 July appealed judgment, whether it is made the subject of assignment of
28, 1999 - BASILIO P. errors or not.25 cralaw:red
MAMANTEO v. MANUEL M.
MAGUMUN
Under Section 11 of Republic Act No. 7659, the death penalty shall be
imposed if the crime of rape is committed with any of the following
SB-99-9-J July 28, 1999
attendant circumstances: chanrob1es virtual 1aw library
- JEWEL F. CANSON v.
FRANCIS E.
GARCHITORENA, ET AL. 1. When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative by
G.R. No. 76272 July 28, consanguinity or affinity within the third degree, or the common-law
1999 - JARDINE DAVIES, spouse of the parent or victim.
INC. v. NLRC, ET AL.
2. When the victim is under the custody of the police or military
G.R. Nos. 76340-41 July authorities.
28, 1999 - PEOPLE OF THE
PHIL. v. WILFREDO SALA, 3. When rape is committed in full view of the husband, parent, any of
ET AL. the children or other relatives within the third degree of
consanguinity.
G.R. No. 107746 July 28,
1999 - PEOPLE OF THE 4. When the victim is a religious or a child below seven (7) years old.
PHIL. v. MARCELINO
MORES, ET AL. 5. When the offender knows that he is afflicted with the Acquired
Immune Deficiency Syndrome (AIDS) disease.
G.R. No. 110001 July 28,
1999 - PEOPLE OF THE 6. When committed by any member of the Armed Forces of the
PHILS. v. ELMER HEREDIA, Philippines or the Philippine National Police or any law enforcement
ET AL. agency.
G.R. Nos. 118312-13 7. When by reason or on occasion of the rape, the victim has suffered
July 28, 1999 - PEOPLE OF permanent physical mutilation.
THE PHIL. v. ALFONSO
PINEDA Applying the aforesaid law, the trial court imposed the penalty of
death upon the accused, taking into account the minority of Janeth as
G.R. No. 118777 July 28, she was only fourteen (14) years old at the time of the incident, as
1999 - PEOPLE OF THE well as the relationship of father and daughter between the accused
PHIL. v. RODRIGO and the complainant. chanrobles lawlibrary : rednad
MANGAHAS
The penalty of death cannot be automatically imposed on the accused

G.R. No. 122453 July 28, merely because of the trial court’s appreciation of both the fact of
1999 - PEOPLE OF THE minority and relationship, no matter how clearly established.
PHIL. v. HENRY REYES Jurisprudence dictates that these twin facts be alleged in the
Information or Complaint before the death penalty can properly be
G.R. No. 122627 July 28, imposed.
1999 - WILSON ABA v.
NLRC, ET AL. Indeed, this Court has consistently held that the seven attendant
circumstances under Section 11 of RA 7659 are in the nature of
G.R. No. 124452 July 28, qualifying circumstances which, unlike generic aggravating
1999 - PEOPLE OF THE circumstances that may be proved even if not alleged, cannot be
PHIL. v. PABLITO TAMBIS proved as such unless alleged in the Information. 26
G.R. No. 124823 July 28,

1999 - PASVIL/PASCUAL Although it was established that Janeth was a minor at the time of
LINER v. NLRC, ET AL. rape, fourteen (14) years old and a grade six student, to be exact,
this qualifying circumstance was not alleged in the Information.
G.R. No. 125086 July 28,
1999 - PEOPLE OF THE In the recent case of People v. Calayca, 27 the accused was also
PHIL. v. ROGELIO MILAN found to have raped his 15-year old daughter. As in the instant case,
and VIRGILIO MILAN only the fact of relationship between the parties was alleged in the
Information, namely that the victim was the daughter of the accused.
G.R. No. 125550 July 28, The fact of minority of the victim was not. Finding the crime charged
1999 - PEOPLE OF THE as simple rape, this Court ruled as follows —
PHIL. v. LUDIGARIO
CANDELARIO, ET AL. "A reading of the Information for rape filed against appellant in the
present case reveals that he is merely charged with the crime of
G.R. No. 126650 July 28, simple rape which warrants the imposition of the penalty of reclusion
1999 - PEOPLE OF THE perpetua. This is so because the fact of the minority of the victim is
PHIL. v. EMARJONEL not stated in the Information. What was alleged therein was only the
FRANCISCO TOMOLIN relationship of the offender as the parent of the victim. Again, as we
have emphasized in People v. Ramos, the elements of minority of the
G.R. No. 127937 July 28, victim and her relationship to the offender must concur. As such, the
1999 - NAT’L. charge of rape in the Information is not in its qualified form so as to
TELECOMMUNICATIONS fall under the special qualifying circumstances stated in Section 11 of
COMMISSION v. COURT OF R.A. 7659. . . ." (Emphasis supplied)
APPEALS, ET AL.
Thus, there being no allegation of minority in the Information under
G.R. No. 129051 July 28, which accused was arraigned and tried in the case at bench, he
1999 - PEOPLE OF THE cannot be convicted of qualified rape.
PHIL. v. ROMEO MOLINA
Strict application of the rule requiring the allegation of the qualifying
G.R. No. 130334 July 28, circumstances mentioned in Section 11 of R.A. 7659 was further
1999 - PEOPLE OF THE enunciated in People v. Dimapilis. 28 While the Information there
PHIL. v. REYNALDO alleged that the victim was the stepdaughter of the accused, it was
POÑADO not accepted as a proper allegation of the qualifying circumstance
that the accused was the "common-law spouse of the parent of the
G.R. No. 130507 July 28, victim" and the death penalty imposed by the trial court was once
1999 - PEOPLE OF THE again reduced to reclusion perpetua.
PHIL. v. ROBERTO
GONZALES Taking into account the growing number of cases where qualified rape
under Section 11 of R.A. 7659, although proven during trial, could
G.R. No. 130654 July 28, still not be properly penalized because of defects in the Information,
1999 - PEOPLE OF THE We urge the prosecuting fiscals who are charged with the
PHIL. v. EDUARDO BASIN responsibility of preparing Informations to state with particularity the
JAVIER attendant circumstances provided for under Section 11 of R.A. 7659.
More specifically, in qualified rape, both the fact of minority of the

G.R. Nos. 131149-50 victim and the actual relationship between the parties, as worded in
July 28, 1999 - PEOPLE OF R.A. 7659, must be alleged in the Information. Otherwise, We shall
THE PHIL. v. HIPOLITO continue to fail both the law and the victims whom the law have
DIAZ y DE GUZMAN sought to protect.
G.R. No. 133186 July 28, We note that the affidavit of complainant Janeth Ebay Nuñez was
1999 - PEOPLE OF THE attached to and made part of the Information in this case. In this
PHIL. v. NOEL YABUT connection, we are constrained to lay down the rule that
documentary evidence, such as the affidavits of the witnesses, should
G.R. No. 135150 July 28, not be attached to and made integral parts of an information. As we
1999 - ROMEO LONZANIDA have previously held, a criminal indictment should never be
v. COMELEC, ET AL. formulated in a melange of accusatory allegations and evidentiary
details resulting in unusual prolixity. 29
G.R. No. 136351 July 28,
1999 - JOEL G. MIRANDA In the light of the flaw in the Information in the case at bench, the
v. ANTONIO M. ABAYA, ET penalty of death imposed by the trial court in Criminal Case No. 36,
AL. 378-96 is reduced to reclusion perpetua. chanrobles.com : virtual law library
G.R. No. 137149 July 28, Reclusion perpetua is a single indivisible penalty which, under Article
1999 - ISMAEL A. MATHAY 63 of the Revised Penal Code, must be applied regardless of any
v. FELT FOODS mitigating or aggravating circumstances that may have attended the
commission of the crime. Thus, while relationship is aggravating in
G.R. No. 123544 July 29, crimes against chastity such as rape, 30 this circumstance will not
1999 - PEOPLE OF THE affect the imposable penalty 31 since reclusion perpetua is a single
PHIL. v. RAUL BERANA indivisible penalty. 32 Conversely, neither may the mitigating
circumstance of plea of guilt affect such single indivisible penalty.
G.R. No. 129289 July 29,
1999 - PEOPLE OF THE Finally, We note that while the trial court awarded P30,000.00 to
PHIL. v. JOSE CARULLO Janeth in the form of moral damages, it failed to impose any civil
indemnity for the rape committed. Such civil indemnity is mandatory
G.R. No. 130681 July 29, upon the finding of the fact of rape and is distinct from and should
1999 - JOSE V. LORETO v. not be denominated as moral damages which are based on different
RENATO BRION, ET AL. jural foundations and assessed by the court in the exercise of its
sound discretion. 33 While the amount for civil indemnity has been
raised in People v. Victor 34 from P50,000.00 to P75,000.00 if the
rape is committed or is qualified by any of the circumstances which
under the law would justify the imposition of the death penalty, We
are constrained to set the civil indemnity award to P50,000.00 since
in this case, the rape charged and proved is not qualified. 35
Moral damages may, nevertheless, still be awarded in favor of Janeth
since it has also been resolved that in crimes of rape, such form of
damages may be additionally awarded to the victim without need for
pleading or proof of the basis thereof. 36 It is assumed that the
offended party has suffered moral injuries entitling her to the award
of such damages. 37
Exemplary damages may also be adjudicated against the accused

when a crime is attended by an aggravating circumstance. 38 Here,
such aggravating circumstance justifying an award of exemplary
damages is the relationship between the accused and his victim. 39
We follow the award of P25,000.00 for exemplary damages set by
this Court in People v. Calayca. 40
WHEREFORE, the appealed judgment of conviction of the accused

Demetrio Nuñez y Dubduban rendered by the Regional Trial Court,
Branch 9, of Davao City in Criminal Case No. 36, 378-96 is
MODIFIED. The accused is hereby found guilty of simple rape and is
hereby sentenced to suffer the penalty of reclusion perpetua and to
pay the complainant, Janeth E. Nuñez, the sum of P50,000.00 by way
of indemnity and P50,000.00 as moral damages and P25,000.00 as
exemplary damages. chanrobles virtual lawlibrary
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza,

Panganiban, Quisumbing, Purisima, Pardo, Buena and Gonzaga-
Reyes, JJ., concur.
Romero, J., on official leave.
Endnotes:
1. Order, 30 January 1996; Records, p. 16.
2. T.S.N., 7 November 1996, pp. 2-7.
3. Id., pp. 8-12.
4. Id., pp. 13-19.
5. T.S.N., 14 November 1996, p. 4.
6. Id., pp. 5-13.
7. Id., pp. 14-28.
8. Order, 11 December 1996; Records, p. 49.
9. Records, pp. 53-62.
10. Decision, p. 10; Records, p. 62.
11. Appellant’s Brief, p. 1; Rollo, p. 26.
12. T.S.N., 14 November 1996, pp. 1-4.
13. People v. Albert, G.R. No. 114001, 251 SCRA 136,

148-149 (1995), citing People v. Manibpel, L-15077, 6
SCRA 936 (1962) and Article 13(7), Revised Penal Code.
14. See People v. Estomaca, G.R. No. 117484-86, 256

SCRA 421, 434 (1996).
15. People v. Albert, supra, citing People v. Nismal, G.R.

No. 51257, 114 SCRA 487 (1982) and People v.
Petalcorin, Et Al., G.R. No. 65376, 180 SCRA 685 (1989).
16. T.S.N., 14 November 1996, pp. 15-18.
17. People v. Victor, G.R. No. 127903, 9 July 1998.
18. People v. Bernaldez, G.R. No. 109780, 17 August

1998, citing People v. Derpo, 168 SCRA 447, 457 (1988)
and People v. Magpayo, 266 SCRA 13 (1993).
19. People v. Dusohan, G.R. No. 97307, 227 SCRA 87, 92

(1993).
20. People v. Igat, G.R. No. 122097, 291 SCRA 100, 106
(1998).
21. See People v. Tablizo, G.R. No. 88190, 182 SCRA 739,
748 (1990).
22. People v. Fuensalida, G.R. No. 119963, 281 SCRA

452, 460-461 (1997); People v. Burgos, G.R. No. 117451,
279 SCRA 697, 707 (1997).
23. T.S.N., 7 November 1996, pp. 3-4.
24. People v. Delovino, G.R. No. 116132-33, 247 SCRA

637, 648 (1995).
25. Pp. v. Calayca, G.R. No. 121212, 20 January 1999.
26. People v. Dimapilis, G.R. No. 128619-21, 17

December 1998; People v. Calayca, supra.
27. See Note 25.
28. See Note 26.
29. People v. Guarin, 259 SCRA 34, at 36 (1996), per

Justice Florenz D. Regalado.
30. People v. Porras, 58 Phil. 578 (1933); People v. Lucas,

181 SCRA 316 (1990).
31. People v. Balmoria, G.R. No. 120620-21, 287 SCRA

687, 711 (1998).
32. People v. De La Cuesta, G.R. No. 126134, 2 March

1999, citing People v. Ilao, G.R. No. 129529, 29,
September 1998.
33. People v., G.R. No. 127569, 30 July 1998.
34. See Note 17.
35. See People v. Malapo, G.R. No. 123115, 28 August

1998.
36. See Note 32.
37. See Note 34.
38. Article 2230, New Civil Code.
39. See People v. Fundano, G.R. No. 124737, 291 SCRA

356, 371 (1998).
40. See Note 25.
Back to Home | Back to Main
Copyright © 1995 - 2021 REDiaz

G.R. No. 128875 July 8, 1999 - PEOPLE OF THE PHIL. v. DEMETRIO NUÑEZ Y DUBDUBAN: July 1999 - Philipppine Supreme Court Decisions

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

G.R. No. 128875 July 8, 1999 - PEOPLE OF THE PHIL. v. DEMETRIO NUÑEZ Y DUBDUBAN: July 1999 - Philipppine Supreme Court Decisions

Uploaded by

Copyright:

Available Formats

G.R. No. 128875 July 8, 1999 - PEOPLE OF THE PHIL. v.

Home Law Firm Law Library Laws Jurisprudence

July 1999 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court

ChanRobles On-Line Bar [G.R. No. 128875. July 8, 1999.]

For sheer carelessness of the prosecutors in this case in ensuring that

ChanRobles CPA Review

On January 17, 1996, at around 10:00 p.m., complainant was roused

The incident made complainant very angry at her father, so she

The undersigned accuses the above-named persons (sic) of the

that on or about January 17, 1996, in the City of Davao, Philippines,

criminal records CONTRARY TO LAW.

case law Davao City, Philippines, January 22, 1995.

The prosecution then presented its remaining two witnesses, Meliana

Following the testimony of Janeth, and the offer of its exhibits as

1999 - PEOPLE OF THE AND IN FAILING TO CONDUCT A SEARCHING INQUIRY TO FULLY

G.R. No. 125498 July 2,

For the Prosecution, we are ready.

G.R. No. 129120 July 2,

1999 - ERNESTO R. CRUZ

G.R. No. 134503 July 2,

G.R. Nos. 76416 and

G.R. No. 97347 July 6,

G.R. No. 110085 July 6,

G.R. Nos. 121662-64 There is no more time.

COURT OF APPEALS, ET AL.

The accused is willing to plead guilty.

PEOPLE OF THE PHIL. v.

1999 - RENE CORDERO v.

G.R. No. 119942 July 8,

1999 - PEOPLE OF THE

G.R. No. 126258 July 8,

PHIL. v. DEMETRIO NUÑEZ

G.R. No. 122917 July 12,

ATTY. TE: chanrob1es virtual 1aw library

G.R. No. 130381 July 14,

COURT: chanrob1es virtual 1aw library

G.R. No. 130636 July 14,

G.R. No. 137796 July 15,

COURT OF APPEALS, ET AL.

First, We have the direct and straightforward testimony of Janeth

G.R. Nos. 121315 &

1999 - PEOPLE OF THE

G.R. No. 127005 July 19, Q Please do so.

G.R. No. 127485 July 19, Q What happened next?

A.M. No. 99-5-26-SC July A He sucked my nipple.

A.M. No. 99-7-07-SC July

Q How about you, where did you go?

G.R. No. 103547 July 20, A Yes, sir.

A Because there was no other person in the house, except my father.

A He inserted his penis to my vagina.

A It was a white sticky thing.

G.R. No. 128839 July 20, A He again sleep.

G.R. No. 123926 July 22,

Q Inviting your attention to the genital examination entry in your

Against these pieces of evidence, the accused had nothing to offer.

The penalty of death cannot be automatically imposed on the accused

G.R. No. 124823 July 28,

More specifically, in qualified rape, both the fact of minority of the

Moral damages may, nevertheless, still be awarded in favor of Janeth

Exemplary damages may also be adjudicated against the accused

WHEREFORE, the appealed judgment of conviction of the accused

Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza,