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Philippine Supreme Court Jurisprudence > Year 2014 > April 2014 Decisions > G.R. No. 187495, April 21, 2014 -
PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant.:
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G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR
JUMAWAN, AccusedAppellant.
FIRST DIVISION
DE CISION
REYES, J.:
Among the duties assumed by the husband are his duties to love, cherish and protect his wife, to
give her a home, to provide her with the comforts and the necessities of life within his means, to treat
her kindly and not cruelly or inhumanely. He is bound to honor her x x x; it is his duty not only to
maintain and support her, but also to protect her from oppression and wrong.1
Husbands do not have property rights over their wives bodies. Sexual intercourse, albeit within the
realm of marriage, if not consensual, is rape. This is the clear State policy expressly legislated in
Section 266A of the Revised Penal Code (RPC), as amended by Republic Act (R.A.) No. 8353 or the
AntiRape Law of 1997.
The Case
The Facts
Accusedappellant and his wife, KKK,5 were married on October 18, 1975. They lived together since
then and raised their four (4) children6 as they put up several businesses over the years.
On February 19, 1999, KKK executed a ComplaintAffidavit,7 alleging that her husband, the accused
appellant, raped her at 3:00 a.m. of December 3, 1998 at their residence in Phase 2, Villa Ernesto,
Gusa, Cagayan de Oro City, and that on December 12, 1998, the accusedappellant boxed her
shoulder for refusing to have sex with him.
On June 11, 1999, the Office of the City Prosecutor of Cagayan de Oro City issued a Joint Resolution,8
finding probable cause for grave threats, less serious physical injuries and rape and recommending
that the appropriate criminal information be filed against the accusedappellant.
On July 16, 1999, two Informations for rape were filed before the RTC respectively docketed as
ChanRobles Intellectual Property Criminal Case No. 996689 and Criminal Case No. 99669.10 The Information in Criminal Case No.
Division 99668 charged the accusedappellant as follows: c h a n Ro b le s v ir t u a lL a wlib r a r y
That on or about 10:30 in the evening more or less, of October 9, 1998, at Gusa,
Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the
abovenamed accused by means of force upon person did then and there wilfully,
unlawfully and feloniously have carnal knowledge with the private complainant, her
[sic] wife, against the latter[]s will.
That on or about 10:30 in the evening more or less, of October 10, 1998, at Gusa,
Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the
abovenamed accused by means of force upon person did then and there wilfully,
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
unlawfully and feloniously have carnal knowledge with the private complainant, her
[sic] wife, against the latters will.
The accusedappellant was arrested upon a warrant issued on July 21, 1999.11 On August 18, 1999,
the accusedappellant filed a Motion for Reinvestigation,12 which was denied by the trial court in an
Order13 dated August 19, 1999. On even date, the accusedappellant was arraigned and he entered
a plea of not guilty to both charges.14
On January 10, 2000, the prosecution filed a Motion to Admit Amended Information15 averring that
the name of the private complainant was omitted in the original informations for rape. The motion
also stated that KKK, thru a Supplemental Affidavit dated November 15, 1999,16 attested that the
true dates of commission of the crime are October 16, 1998 and October 17, 1998 thereby modifying
the dates stated in her previous complaintaffidavit. The motion was granted on January 18, 2000.17
Accordingly, the criminal informations were amended as follows: c h a n Ro b le s v ir t u a lL a wlib r a r y
That on or about October 16, 1998 at Gusa, Cagayan de Oro City, Philippines, and
within the jurisdiction of this Honorable Court, the abovenamed accused by means of
Google force upon person did then and there wilfully, unlawfully and feloniously have carnal
knowledge with the private complainant, his wife, [KKK], against the latters will.
Advertising Contrary to and in violation of R.A. 8353, the AntiRape Law of 1997.18
Attract More Visitors to That on or about October 17, 1998 at Gusa, Cagayan de Oro City, Philippines, and
within the jurisdiction of this Honorable Court, the abovenamed accused by means of
Your Site. Sign Up for force upon person did then and there wilfully, unlawfully and feloniously have carnal
knowledge with the private complainant, his wife, [KKK], against the latters will.
Google AdWords Today.
Contrary to and in violation of R.A. 8353, the AntiRape Law of 1997.19
The accusedappellant was thereafter rearraigned. He maintained his not guilty plea to both
indictments and a joint trial of the two cases forthwith ensued.
The prosecutions theory was anchored on the testimonies of KKK, and her daughters MMM and OOO,
which, together with pertinent physical evidence, depicted the following events: c h a n Ro b le s v ir t u a lL a wlib r a r y
KKK met the accusedappellant at the farm of her parents where his father was one of the laborers.
They got married after a year of courtship.20 When their first child, MMM, was born, KKK and the
accusedappellant put up a sarisari store.21 Later on, they engaged in several other businesses
trucking, rice mill and hardware. KKK managed the businesses except for the rice mill, which, ideally,
was under the accusedappellants supervision with the help of a trusted employee. In reality,
however, he merely assisted in the rice mill business by occasionally driving one of the trucks to haul
goods.22
Accusedappellants keenness to make the businesses flourish was not as fervent as KKKs
dedication. Even the daughters observed the disproportionate labors of their parents.23 He would
drive the trucks sometimes but KKK was the one who actively managed the businesses.24 She
wanted to provide a comfortable life for their children; he, on the other hand, did not acquiesce with
that objective.25
In 1994, KKK and the accusedappellant bought a lot and built a house in Villa Ernesto, Gusa,
April-2014 Jurisprudence Cagayan de Oro City.26 Three of the children transferred residence therein while KKK, the accused
appellant and one of their sons stayed in Dangcagan, Bukidnon. She shuttled between the two places
G.R. No. 170007, April 07, 2014 - TABANGAO SHELL regularly and sometimes he accompanied her.27 In 1998, KKK stayed in Gusa, Cagayan De Oro City
REFINERY EMPLOYEES ASSOCIATION, Petitioner, v.
PILIPINAS SHELL PETROLEUM CORPORATION, most of the days of the week.28 On Wednesdays, she went to Dangcagan, Bukidnon to procure
Respondent. supplies for the family store and then returned to Cagayan de Oro City on the same day.29
G.R. No. 195687, April 14, 2014 - LAND BANK OF THE Conjugal intimacy did not really cause marital problems between KKK and the accusedappellant. It
PHILIPPINES, Petitioner, v. DAVID G. NAVAL, JR., JOSE was, in fact, both frequent and fulfilling. He treated her well and she, of course, responded with equal
SALVANTE S. ANTE, ALVIN O. ARRIZA, JACINTO Y. degree of enthusiasm.30 However, in 1997, he started to be brutal in bed. He would immediately
MANALO, RAMON D. SIAO, AND ALLAN E. BENUSA, IN
remove her panties and, sans any foreplay, insert her penis in her vagina. His abridged method of
THEIR OWN NAMES AND IN BEHALF OF THE OFFICERS
AND EMPLOYEES, BOTH INCUMBENT AND RETIRED, OF lovemaking was physically painful for her so she would resist his sexual ambush but he would
LAND BANK OF THE PHILIPPINES, Respondents.; threaten her into submission.31
GENEROSO DAVID AND OTHER LAND BANK OFFICERS
AND EMPLOYEES, REPRESENTED BY DAVID CUIDAVID In 1998, KKK and the accusedappellant started quarrelling usually upon his complaint that she failed
BUENAVENTURA AND ANG LAW OFFICES, Intervenors.; to attend to him. She was preoccupied with financial problems in their businesses and a bank loan.
EDWIN A. ILAGAN, MARY GRACE L. SALTING, IMELDA B. He wanted KKK to stay at home because a woman must stay in the house and only good in bed (sic)
MOLOD, MA. CARMEN B. BERAQUIT, MA. SOCORRO N. x x x. She disobeyed his wishes and focused on her goal of providing a good future for the
REGALA, GERRY P. SALTING, REGGIE D. ABIOG, ESTHER
children.32
S. VILLAR, GWENDOLYN B. DOMETITA, THERESA G.
ENDAYA, MERFE F. DAGNALAN, ANTONETTE F.
BALGEMINO, CELESTE R. CABATINGAN, AMELIA G. Four days before the subject rape incidents or on October 12, 1998, KKK and the accusedappellant
JIMENEZ, CARLOS B. FLORIN JR., DOROTHY MAY E. slept together in Cebu City where the graduation rites of their eldest daughter were held. By October
EMPLEO, JESUS D. EMPLEO, MILDRED BONOS, MARIBEL 14, 1998, the three of them were already back in Cagayan de Oro City.33
G. HALDOS, CHOLITA B. SESNO, CHONA LUDDIE
BARELA, AND GRACE L. CRUZ, Intervenors On October 16, 1998, the accusedappellant, his wife KKK and their children went about their nightly
routine. The family store in their residence was closed at about 9:00 p.m. before supper was taken.
G.R. No. 197293, April 21, 2014 - ALFREDO C. Afterwards, KKK and the children went to the girls bedroom at the mezzanine of the house to pray
MENDOZA, Petitioner, v. PEOPLE OF THE PHILIPPINES
AND JUNO CARS, INC., Respondents.
the rosary while the accusedappellant watched television in the living room.34 OOO and MMM then
prepared their beds. Soon after, the accusedappellant fetched KKK and bid her to come with him to
G.R. No. 198022, April 07, 2014 - PEOPLE OF THE their conjugal bedroom in the third floor of the house. KKK complied.35
PHILIPPINES, PlaintiffAppellee, v. SONNY GATARIN Y
CABALLERO @ JAYR AND EDUARDO QUISAYAS, Once in the bedroom, KKK changed into a daster and fixed the matrimonial bed but she did not lie
ACCUSED, EDUARDO QUISAYAS, AccusedAppellant. thereon with the accusedappellant and instead, rested separately in a cot near the bed. Her
reclusive behavior prompted him to ask angrily: [W]hy are you lying on the c[o]t[?], and to
G.R. No. 198271, April 01, 2014 - ARNALDO M.
instantaneously order: You transfer here [to] our bed.36
ESPINAS, LILIAN N. ASPRER, AND ELEANORA R. DE
JESUS, Petitioners, v. COMMISSION ON AUDIT,
Respondent. KKK insisted to stay on the cot and explained that she had headache and abdominal pain due to her
forthcoming menstruation. Her reasons did not appease him and he got angrier. He rose from the
A.M. No. RTJ092200 (formerly OCA I.P.I. No. 08 bed, lifted the cot and threw it against the wall causing KKK to fall on the floor. Terrified, KKK stood
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
2834RTJ), April 02, 2014 - ANTONIO M. LORENZANA, up from where she fell, took her pillow and transferred to the bed.37
Complainant, v. JUDGE MA. CECILIA I. AUSTRIA,
REGIONAL TRIAL COURT, BRANCH 2, BATANGAS CITY, The accusedappellant then lay beside KKK and not before long, expressed his desire to copulate
Respondent.
with her by tapping his fingers on her lap. She politely declined by warding off his hand and
G.R. No. 199439, April 22, 2014 - CITY OF GENERAL reiterating that she was not feeling well.38
SANTOS, REPRESENTED BY ITS MAYOR, HON. DARLENE
MAGNOLIA R. ANTONINOCUSTODIO, Petitioner, v. The accusedappellant again asserted his sexual yearning and when KKK tried to resist by holding on
COMMISSION ON AUDIT, Respondent. to her panties, he pulled them down so forcefully they tore on the sides.39 KKK stayed defiant by
refusing to bend her legs.40
G.R. No. 199595, April 02, 2014 - PHILIPPINE
WOMANS CHRISTIAN TEMPERANCE UNION, INC.,
Petitioner, v. TEODORO R. YANGCO 2ND AND 3RD The accusedappellant then raised KKKs daster,41 stretched her legs apart and rested his own legs
GENERATION HEIRS FOUNDATION, INC., Respondent. on them. She tried to wrestle him away but he held her hands and succeeded in penetrating her. As
he was carrying out his carnal desires, KKK continued to protest by desperately shouting: [D]ont do
G.R. No. 182894, April 22, 2014 - FE FLORO VALINO, that to me because Im not feeling well. 42
Petitioner, v. ROSARIO D. ADRIANO, FLORANTE D.
ADRIANO, RUBEN D. ADRIANO, MARIA TERESA With a concrete wall on one side and a mere wooden partition on the other enclosing the spouses
ADRIANO ONGOCO, VICTORIA ADRIANO BAYONA, AND
LEAH ANTONETTE D. ADRIANO, Respondents. bedroom,43 KKKs pleas were audible in the childrens bedroom where MMM lay awake.
G.R. No. 192571, April 22, 2014 - ABBOTT Upon hearing her mother crying and hysterically shouting: Eddie, dont do that to me, have pity on
LABORATORIES, PHILIPPINES, CECILLE A. TERRIBLE, me,44 MMM woke up OOO who prodded her to go to their parents room.45 MMM hurriedly climbed
EDWIN D. FEIST, MARIA OLIVIA T. YABUTMISA, upstairs, vigorously knocked on the door of her parents bedroom and inquired: Pa, why is it that
TERESITA C. BERNARDO, AND ALLAN G. ALMAZAR, Mama is crying?46 The accusedappellant then quickly put on his briefs and shirt, partly opened the
Petitioners, v. PEARLIE ANN F. ALCARAZ, Respondent.
door and said: [D]ont interfere because this is a family trouble, before closing it again.47 Since she
G.R. No. 203974, April 22, 2014 - AURELIO M. UMALI, heard her mother continue to cry, MMM ignored his fathers admonition, knocked at the bedroom
Petitioner, v. COMMISSION ON ELECTIONS, JULIUS door again, and then kicked it.48 A furious accusedappellant opened the door wider and rebuked
CESAR V. VERGARA, AND THE CITY GOVERNMENT OF MMM once more: Dont interfere us. Go downstairs because this is family trouble! Upon seeing KKK
CABANATUAN, Respondents.; G.R. NO. 204371 - J.V. crouching and crying on top of the bed, MMM boldly entered the room, approached her mother and
BAUTISTA, Petitioner, v. COMMISSION ON ELECTIONS, asked: Ma, why are you crying? before asking her father: Pa, what happened to Mama why is it
Respondent. that her underwear is torn[?]49
G.R. No. 207900, April 22, 2014 - MAYOR GAMAL S.
HAYUDINI, Petitioner, v. COMMISSION ON ELECTIONS When MMM received no definite answers to her questions, she helped her mother get up in order to
AND MUSTAPHA J. OMAR, Respondents. bring her to the girls bedroom. KKK then picked up her torn underwear and covered herself with a
blanket.50 However, their breakout from the room was not easy. To prevent KKK from leaving, the
G.R. No. 175540, April 14, 2014 - DR. FILOTEO A. accusedappellant blocked the doorway by extending his arm towards the knob. He commanded KKK
ALANO, Petitioner, v. ZENAIDA MAGUDLOGMAO, to [S]tay here, you sleep in our room, when the trembling KKK pleaded: Eddie, allow me to go
Respondent. out. He then held KKKs hands but she pulled them back. Determined to get away, MMM leaned
against door and embraced her mother tightly as they pushed their way out.51
B.M. No. 2482, April 01, 2014 - RE: MELCHOR
TIONGSON, HEAD WATCHER, DURING THE 2011 BAR
EXAMINATIONS In their bedroom, the girls gave their mother some water and queried her as to what happened.52
KKK relayed: [Y]our father is an animal, a beast; he forced me to have sex with him when Im not
G.R. No. 201072, April 02, 2014 - UNITED PHILIPPINE feeling well. The girls then locked the door and let her rest.53
LINES, INC. AND HOLLAND AMERICA LINE, Petitioners,
v. GENEROSO E. SIBUG, Respondent. The accusedappellants aggression recurred the following night. After closing the family store on
October 17, 1998, KKK and the children took their supper. The accusedappellant did not join them
G.R. No. 180098, April 02, 2014 - OFELIA FAUNI since, according to him, he already ate dinner elsewhere. After resting for a short while, KKK and the
REYES AND NOEL FAUNI REYES, Petitioners, v. THE
children proceeded to the girls bedroom and prayed the rosary. KKK decided to spend the night in
INSULAR LIFE ASSURANCE CO., LTD., Respondent.
the rooms small bed and the girls were already fixing the beddings when the accusedappellant
G.R. No. 196970, April 02, 2014 - PEOPLE OF THE entered. Why are you sleeping in the room of our children, he asked KKK, who responded that she
PHILIPPINES, PlaintiffAppellee, v. RENE SANTIAGO, preferred to sleep with the children.54 He then scoffed: Its alright if you will not go with me, anyway,
AccusedAppellant. there are women that could be paid [P]1,000.00. She dismissed his comment by turning her head
away after retorting: So be it. After that, he left the room.55
G.R. No. 204761, April 02, 2014 - EMERITUS SECURITY
AND MAINTENANCE SYSTEMS, INC., Petitioner, v.
JANRIE C. DAILIG, Respondent.
He returned 15 minutes later56 and when KKK still refused to go with him, he became infuriated. He
lifted her from the bed and attempted to carry her out of the room as he exclaimed: Why will you
G.R. No. 181949, April 23, 2014 - HEIRS OF sleep here[?] Lets go to our bedroom. When she defied him, he grabbed her short pants causing
FRANCISCO BIHAG, NAMELY: ALEJANDRA BIHAG, them to tear apart.57 At this point, MMM interfered, Pa, dont do that to Mama because we are in
NICOMEDES B. BIHAG, VERONICA B. ACOSTA, SUSANA front of you.58
B. MIOZA, PAULINO B. BIHAG, DANILO B. BIHAG,
TIMOTEO B. BIHAG JR., EDILBERTO B. BIHAG, The presence of his children apparently did not pacify the accusedappellant who yelled, [E]ven in
JOSEPHINE B. MIOZA, AND MA. FE B. ARDITA,*,
front of you, I can have sex of your mother [sic] because Im the head of the family. He then
Petitioners, v. HEIRS OF NICASIO BATHAN, NAMELY:
PRIMITIVA B. BATHAN AND DUMININA B. ordered his daughters to leave the room. Frightened, the girls obliged and went to the staircase
GAMALIER,**Respondent. where they subsequently heard the pleas of their helpless mother resonate with the creaking bed.59
G.R. No. 191390, April 02, 2014 - THE PEOPLE OF THE The episodes in the bedroom were no less disturbing. The accusedappellant forcibly pulled KKKs
PHILIPPINES, PlaintiffAppellee, v. JOEL DIOQUINO Y short pants and panties. He paid no heed as she begged, [D]ont do that to me, my body is still
GARBIN, AccusedAppellant. aching and also my abdomen and I cannot do what you wanted me to do [sic]. I cannot withstand
sex.60
G.R. No. 190276, April 02, 2014 - EUFROCINA NIEVES,
AS REPRESENTED BY HER ATTORNEYINFACT,
LAZARO VILLAROSA, JR., Petitioner, v. ERNESTO After removing his own short pants and briefs, he flexed her legs, held her hands, mounted her and
DULDULAO AND FELIPE PAJARILLO, Respondents. forced himself inside her. Once gratified, the accusedappellant put on his short pants and briefs,
stood up, and went out of the room laughing as he conceitedly uttered: [I]ts nice, that is what you
G.R. No. 192582, April 07, 2014 - BLUER THAN BLUE deserve because you are [a] flirt or fond of sex. He then retreated to the masters bedroom.61
JOINT VENTURES COMPANY/MARY ANN DELA VEGA,
Petitioners, v. GLYZA ESTEBAN, Respondent. Sensing that the commotion in their bedroom has ceased, MMM and OOO scurried upstairs but found
the door locked. MMM pulled out a jalousie window, inserted her arm, reached for the doorknob
G.R. No. 189563, April 07, 2014 - GILAT SATELLITE inside and disengaged its lock. Upon entering the room, MMM and OOO found their mother crouched
NETWORKS, LTD., Petitioner, v. UNITED COCONUT on the bed with her hair disheveled. The girls asked: Ma, what happened to you, why are you
PLANTERS BANK GENERAL INSURANCE CO., INC.,
crying? KKK replied: [Y]our father is a beast and animal, he again forced me to have sex with him
Respondent.
even if I dont feel well.62
G.R. No. 202704, April 02, 2014 - PEOPLE OF THE
PHILIPPINES, PlaintiffAppellee, v. JOEL ABAT Y Version of the defense
COMETA, AccusedAppellant.
The defense spun a different tale. The accusedappellants father owned a land adjacent to that of
G.R. No. 180496, April 02, 2014 - PEOPLE OF THE KKKs father. He came to know KKK because she brought food for her fathers laborers. When they
PHILIPPINES, PlaintiffAppellee, v. ROY SAN GASPAR, got married on October 18, 1975, he was a high school graduate while she was an elementary
AccusedAppellant. graduate.
G.R. No. 192998, April 02, 2014 - BERNARD A.
Their humble educational background did not deter them from pursuing a comfortable life. Through
TENAZAS, JAIME M. FRANCISCO AND ISIDRO G.
ENDRACA, Petitioners, v. R. VILLEGAS TAXI their joint hard work and efforts, the couple gradually acquired personal properties and established
TRANSPORT AND ROMUALDO VILLEGAS, Respondents. their own businesses that included a rice mill managed by the accusedappellant. He also drove their
trucks that hauled coffee, copra, or corn.63
G.R. No. 179155, April 02, 2014 - NICOMEDES J.
LOZADA, Petitioner, v. EULALIA BRACEWELL, EDDIE The accusedappellant denied raping his wife on October 16 and 17, 1998. He claimed that on those
BRACEWELL, ESTELLITA BRACEWELL, JAMES dates he was in Dangcagan, Bukidnon, peeling corn. On October 7, his truck met an accident
BRACEWELL, JOHN BRACEWELL, EDWIN BRACEWELL, somewhere in Angeles Ranch, Maluko, Manolo Fortich, Bukidnon. He left the truck by the roadside
ERIC BRACEWELL, AND HEIRS OF GEORGE BRACEWELL, because he had to attend MMMs graduation in Cebu on October 12 with KKK. When they returned to
Respondents.
Bukidnon on October 14, he asked KKK and MMM to proceed to Cagayan de Oro City and just leave
G.R. No. 179260, April 02, 2014 - COMMISSIONER OF him behind so he can take care of the truck and buy some corn.64
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INTERNAL REVENUE, Petitioner, v. TEAM [PHILIPPINES]
OPERATIONS CORPORATION [FORMERLY MIRANT Ryle Equia (Equia), the spouses driver from January 1996 until June 1999 corroborated the above
(PHILS) OPERATIONS CORPORATION], Respondent. claims. According to him, on October 16, 1998, the accusedappellant was within the vicinity of the
rice mills loading area in Dangcagan, Bukidnon, cleaning a pickup truck. On October 17, 1998, he
G.R. No. 199070, April 07, 2014 - PEOPLE OF THE
and the accusedappellant were in Dangcagan, Bukidnon, loading sacks of corn into the truck. They
PHILIPPINES, Petitioner, v. VICENTE R. ESPINOSA AND
finished loading at 3:00 p.m. The accusedappellant then instructed Equia to proceed to Maluko,
LINDSEY BUENAVISTA, Respondents. G.R. NO. 199237
RAMON CAESAR T. ROJAS FOR HIMSELF AND AS
Manolo Fortich, Bukidnon while the former attended a fiesta in New Cebu, Kianggat, Dangcagan,
REPRESENTATIVE OF THE HEIRS OF RAMON ROJAS JR., Bukidnon. At around 4:00 p.m., Equia, together with a helper and a mechanic, left for Maluko in order
Petitioners, v. VICENTE R. ESPINOSA PROMULGATED: to tow the stalled truck left there by the accusedappellant in October 7 and thereafter, bring it to
AND LINDSEY BUENAVISTA, Respondents. Cagayan de Oro City together with the separate truck loaded with corn.
G.R. No. 188832, April 23, 2014 - VIVENCIO B. They arrived in Maluko at 7:00 p.m. and it took them three hours to turn the truck around and hoist it
VILLAGRACIA, Petitioner, v. FIFTH (5TH) SHARIA to the towing bar of the other truck. At around 10:00 p.m., the accusedappellant arrived in Maluko.
DISTRICT COURT AND ROLDAN E. MALA, REPRESENTED The four of them then proceeded to Cagayan de Oro City where they arrived at 3:00 a.m. of October
BY HIS FATHER HADJI KALAM T. MALA, Respondents. 18, 1998. The accusedappellant went to Gusa while the other three men brought the damaged truck
to Cugman.65
G.R. Nos. 196280 and 196286, April 02, 2014 -
UNIVERSIDAD DE STA. ISABEL, Petitioner, v. MARVIN
JULIAN L. SAMBAJON, JR., Respondent. The accusedappellant asserted that KKK merely fabricated the rape charges as her revenge
because he took over the control and management of their businesses as well as the possession of
G.R. No. 203335, April 22, 2014 - JOSE JESUS M. their pickup truck in January 1999. The accusedappellant was provoked to do so when she failed to
DISINI, JR., ROWENA S. DISINI, LIANNE IVY P. MEDINA, account for their bank deposits and business earnings. The entries in their bank account showed the
JANETTE TORAL AND ERNESTO SONIDO, JR., balance of P3,190,539.83 on October 31, 1996 but after only a month or on November 30, 1996, the
Petitioners, v. THE SECRETARY OF JUSTICE, THE amount dwindled to a measly P9,894.88.66 Her failure to immediately report to the police also belies
SECRETARY OF THE DEPARTMENT OF THE INTERIOR
her rape allegations.67
AND LOCAL GOVERNMENT, THE EXECUTIVE DIRECTOR
OF THE INFORMATION AND COMMUNICATIONS
TECHNOLOGY OFFICE, THE CHIEF OF THE PHILIPPINE KKK wanted to coverup her extramarital affairs, which the accusedappellant gradually detected
NATIONAL POLICE AND THE DIRECTOR OF THE from her odd behavior. While in Cebu on October 12, 1998 for MMMs graduation rites, the accused
NATIONAL BUREAU OF INVESTIGATION, Respondents.; appellant and KKK had sexual intercourse. He was surprised when his wife asked him to get a napkin
G.R. NO. 203299 - LOUIS BAROK C. BIRAOGO, to wipe her after having sex. He tagged her request as hightech, because they did not do the
Petitioner, v. NATIONAL BUREAU OF INVESTIGATION same when they had sex in the past. KKK had also become increasingly indifferent to him. When he
AND PHILIPPINE NATIONAL POLICE, Respondents.; G.R. arrives home, it was an employee, not her, who opened the door and welcomed him. She prettied
NO. 203306 - ALAB NG MAMAMAHAYAG (ALAM), herself and would no longer ask for his permission whenever she went out.68
HUKUMAN NG MAMAMAYAN MOVEMENT, INC., JERRY S.
YAP, BERTENI TOTO CAUSING, HERNANI Q. CUARE,
PERCY LAPID, TRACY CABRERA, RONALDO E. RENTA, Bebs,69 KKKs cousin and a cashier in their Bukidnon store, gave the accusedappellant several love
CIRILO P. SABARRE, JR., DERVIN CASTRO, ET AL., letters purportedly addressed to Bebs but were actually intended for KKK.70
Petitioners, v. OFFICE OF THE PRESIDENT,
REPRESENTED BY PRESIDENT BENIGNO SIMEON KKK had more than ten paramours some of whom the accusedappellant came to know as: Arsenio,
AQUINO III, SENATE OF THE PHILIPPINES, AND HOUSE JongJong, Joy or Joey, somebody from the military or the Philippine National Police, another one is a
OF REPRESENTATIVES, Respondents.; G.R. NO. 203359
government employee, a certain Fernandez and three other priests.71 Several persons told him
- SENATOR TEOFISTO DL GUINGONA III, Petitioner, v.
about the paramours of his wife but he never confronted her or them about it because he trusted
EXECUTIVE SECRETARY, THE SECRETARY OF JUSTICE,
THE SECRETARY OF THE DEPARTMENT OF INTERIOR her.72
AND LOCAL GOVERNMENT, THE CHIEF OF THE
PHILIPPINE NATIONAL POLICE, AND DIRECTOR OF THE What further confirmed his suspicions was the statement made by OOO on November 2, 1998. At that
NATIONAL BUREAU OF INVESTIGATION, Respondents.; time, OOO was listening loudly to a cassette player. Since he wanted to watch a television program,
G.R. NO. 203378 - ALEXANDER ADONIS, ELLEN he asked OOO to turn down the volume of the cassette player. She got annoyed, unplugged the
TORDESILLAS, MA. GISELA ORDENESCASCOLAN, H. player, spinned around and hit the accusedappellants head with the socket. His head bled. An
HARRY L. ROQUE, JR., ROMEL R. BAGARES, AND altercation between the accusedappellant and KKK thereafter followed because the latter took
GILBERT T. ANDRES, Petitioners, v. THE EXECUTIVE OOOs side. During the argument, OOO blurted out that KKK was better off without the accused
SECRETARY, THE DEPARTMENT OF BUDGET AND appellant because she had somebody young, handsome, and a businessman unlike the accused
MANAGEMENT, THE DEPARTMENT OF JUSTICE, THE
DEPARTMENT OF THE INTERIOR AND LOCAL appellant who smelled bad, and was old, and ugly.73
GOVERNMENT, THE NATIONAL BUREAU OF
INVESTIGATION, THE PHILIPPINE NATIONAL POLICE, KKK also wanted their property divided between them with threefourths thereof going to her and
AND THE INFORMATION AND COMMUNICATIONS onefourth to the accusedappellant. However, the separation did not push through because the
TECHNOLOGY OFFICEDEPARTMENT OF SCIENCE AND accused appellants parents intervened.74 Thereafter, KKK pursued legal separation from the
TECHNOLOGY, Respondents.; G.R. NO. 203391 - HON. accusedappellant by initiating Barangay Case No. 0058899 before the Office of Lupong
RAYMOND V. PALATINO, HON. ANTONIO TINIO, Tagapamayapa of Gusa, Cagayan de Oro City and thereafter obtaining a Certificate to File Action
VENCER MARI CRISOSTOMO OF ANAKBAYAN, MA.
KATHERINE ELONA OF THE PHILIPPINE COLLEGIAN,
dated February 18, 1999.75
ISABELLE THERESE BAGUISI OF THE NATIONAL UNION
OF STUDENTS OF THE PHILIPPINES, ET AL., Petitioners, Ruling of the RTC
v. PAQUITO N. OCHOA, JR., IN HIS CAPACITY AS
EXECUTIVE SECRETARY AND ALTEREGO OF In its Judgment76 dated April 1, 2002, the RTC sustained the version proffered by the prosecution by
PRESIDENT BENIGNO SIMEON AQUINO III, LEILA DE giving greater weight and credence to the spontaneous and straightforward testimonies of the
LIMA IN HER CAPACITY AS SECRETARY OF JUSTICE, prosecutions witnesses. The trial court also upheld as sincere and genuine the two daughters
Respondents.; G.R. NO. 203407 - BAGONG ALYANSANG testimonies, as it is not natural in our culture for daughters to testify against their own father for a
MAKABAYAN SECRETARY GENERAL RENATO M. REYES,
crime such as rape if the same was not truly committed.
JR., NATIONAL ARTIST BIENVENIDO L. LUMBERA,
CHAIRPERSON OF CONCERNED ARTISTS OF THE
PHILIPPINES, ELMER C. LABOG, CHAIRPERSON OF The trial court rejected the version of the defense and found unbelievable the accusedappellants
KILUSANG MAYO UNO, CRISTINA E. PALABAY, accusations of extramarital affairs and money squandering against KKK. The trial court shelved the
SECRETARY GENERAL OF KARAPATAN, FERDINAND R. accusedappellants alibi for being premised on inconsistent testimonies and the contradicting
GAITE, CHAIRPERSON OF COURAGE, JOEL B. declarations of the other defense witness, Equia, as to the accusedappellants actual whereabouts on
MAGLUNSOD, VICE PRESIDENT OF ANAKPAWIS PARTY October 16, 1998. Accordingly, the RTC ruling disposed as follows: c h a n Ro b le s v ir t u a lL a wlib r a r y
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Respondents.; G.R. NO. 203453 - NATIONAL UNION OF person for rape; what is necessary is that the victim was forced to have sexual intercourse with the
JOURNALISTS OF THE PHILIPPINES (NUJP), PHILIPPINE accused.
PRESS INSTITUTE (PPI), CENTER FOR MEDIA FREEDOM
AND RESPONSIBILITY, ROWENA CARRANZA PARAAN, In addition, the CA noted that the fact that KKK and the accusedappellant are spouses only
MELINDA QUINTOSDE JESUS, JOSEPH ALWYN reinforces the truthfulness of KKKs accusations because no wife in her right mind would accuse her
ALBURO, ARIEL SEBELLINO AND THE PETITIONERS IN
husband of having raped her if it were not true.
THE EPETITION HTTP://WWW.NUJP.ORG/NOTO
RA10175/, Petitioners, v. THE EXECUTIVE SECRETARY,
THE SECRETARY OF JUSTICE, THE SECRETARY OF THE The delay in the filing of the rape complaint was sufficiently explained by KKK when she stated that
INTERIOR AND LOCAL GOVERNMENT, THE SECRETARY she only found out that a wife may charge his husband with rape when the fiscal investigating her
OF BUDGET AND MANAGEMENT, THE DIRECTOR separate complaint for grave threats and physical injuries told her about it.
GENERAL OF THE PHILIPPINE NATIONAL POLICE, THE
DIRECTOR OF THE NATIONAL BUREAU OF Finally, the CA dismissed the accusedappellants alibi for lack of convincing evidence that it was
INVESTIGATION, THE CYBERCRIME INVESTIGATION physically impossible for him to be at his residence in Cagayan de Oro City at the time of the
AND COORDINATING CENTER, AND ALL AGENCIES AND commission of the crimes, considering that Dangcagan, Bukidnon, the place where he allegedly was,
INSTRUMENTALITIES OF GOVERNMENT AND ALL is only about four or five hours away. Accordingly, the decretal portion of the decision read: c h a n Ro b le s v ir t u a lL a wlib r a r y
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
INTERNATIONAL, INC./CAPT. TEODORO B. QUIJANO In 1983, the marital exemption rule was abandoned in New York when the Court of Appeals of New
AND/OR FUYO KAIUN CO. LTD., Petitioners, v. EBERLY York declared the same unconstitutional in People v. Liberta 101 for lack of rational basis in
S. ALCAYNO, Respondent. distinguishing between marital rape and nonmarital rape. The decision, which also renounced Hales
irrevocable implied consent theory, ratiocinated as follows:
G.R. No. 180016, April 29, 2014 - LITO CORPUZ,
c h a n Ro b le s v ir t u a lL a wlib r a r y
G.R. No. 182153, April 07, 2014 - TUNG HO STEEL The other traditional justifications for the marital exemption were the commonlaw
ENTERPRISES CORPORATION, Petitioner, v. TING GUAN doctrines that a woman was the property of her husband and that the legal existence of
TRADING CORPORATION, Respondent.
the woman was incorporated and consolidated into that of the husband x x x. Both
G.R. No. 205227, April 07, 2014 - PEOPLE OF THE
these doctrines, of course, have long been rejected in this State. Indeed, [nowhere] in
PHILIPPINES, PlaintiffAppellee, v. MARCO P. the commonlaw world [or] in any modern society is a woman regarded as chattel
ALEJANDRO, AccusedAppellant. or demeaned by denial of a separate legal identity and the dignity associated with
recognition as a whole human being x x x.102 (Citations omitted)
G.R. No. 181719, April 21, 2014 - EUGENE S. ARABIT,
EDGARDO C. SADSAD, LOWELL C. FUNTANOZ, GERARDO
F. PUNZALAN, FREDDIE M. MENDOZA, EMILIO B. BELEN, By 1993, marital rape was a crime in all 50 states, with 17 of them, as well as the District of
VIOLETA C. DIUMANO AND MB FINANCE EMPLOYEES Columbia, outlawing the act without exemptions. Meanwhile, the 33 other states granted some
ASSOCIATION FFW CHAPTER (FEDERATION OF FREE exemptions to a husband from prosecution such as when the wife is mentally or physically impaired,
WORKERS), Petitioners, v. JARDINE PACIFIC FINANCE,
unconscious, asleep, or legally unable to consent.103
INC. (FORMERLY MB FINANCE), Respondent.
G.R. No. 17575051, April 02, 2014 - SILVERINA E. III. Marital Rape in the Philippines
CONSIGNA, Petitioner, v. PEOPLE OF THE PHILIPPINES,
THE HON. SANDIGANBAYAN (THIRD DIVISION), AND Interestingly, no documented case on marital rape has ever reached this Court until now. It appears,
EMERLINA MOLETA, Respondents. however, that the old provisions of rape under Article 335 of the RPC adhered to Hales irrevocable
implied consent theory, albeit in a limited form. According to Chief Justice Ramon C. Aquino,104 a
G.R. No. 191154, April 07, 2014 - SPI TECHNOLOGIES, husband may not be guilty of rape under Article 335 of Act No. 3815 but, in case there is legal
INC. AND LEA VILLANUEVA, Petitioners, v. VICTORIA K. separation, the husband should be held guilty of rape if he forces his wife to submit to sexual
MAPUA, Respondent.
intercourse.105
G.R. No. 181792, April 21, 2014 - STAR SPECIAL
WATCHMAN AND DETECTIVE AGENCY, INC., CELSO A. In 1981, the Philippines joined 180 countries in ratifying the United Nations Convention on the
FERNANDEZ AND MANUEL V. FERNANDEZ, Petitioners, Elimination of all Forms of Discrimination Against Women (UNCEDAW).106 Hailed as the first
v. PUERTO PRINCESA CITY, MAYOR EDWARD international womens bill of rights, the CEDAW is the first major instrument that contains a ban on all
HAGEDORN AND CITY COUNCIL OF PUERTO PRINCESA forms of discrimination against women. The Philippines assumed the role of promoting gender
CITY, Respondents.
equality and womens empowerment as a vital element in addressing global concerns.107 The country
also committed, among others, to condemn discrimination against women in all its forms, and agreed
G.R. No. 184758, April 21, 2014 - PEOPLE OF THE
PHILIPPINES, Appellee, v. SONNY SABDULA Y AMANDA,
to pursue, by all appropriate means and without delay, a policy of eliminating discrimination against
Appellant. women and, to this end, undertook: c h a n Ro b le s v ir t u a lL a wlib r a r y
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
G.R. No. 208007, April 02, 2014 - PEOPLE OF THE 8353 eradicated the stereotype concept of rape in Article 335 of the RPC.109 The law reclassified rape
PHILIPPINES, PlaintiffAppellee, v. RODRIGO GUTIEREZ as a crime against person and removed it from the ambit of crimes against chastity. More particular
Y ROBLES ALIAS ROD AND JOHN LENNON, Accused
to the present case, and perhaps the laws most progressive proviso is the 2nd paragraph of Section
Appellant.
2 thereof recognizing the reality of marital rape and criminalizing its perpetration, viz: c h a n Ro b le s v ir t u a lL a wlib r a r y
G.R. No. 187495, April 21, 2014 - PEOPLE OF THE HON. APOSTOL: In our version, we did not mention marital rape but marital rape is not
PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, excluded.
AccusedAppellant.
HON. ROCO: Yeah. No. But I think there is also no specific mention.
G.R. No. 160025, April 23, 2014 - SANGGUNIANG
PANLUNGSOD NG BAGUIO CITY, Petitioner, v.
JADEWELL PARKING SYSTEMS CORPORATION, HON. APOSTOL: No. No. No. Silent lang yung marital rape.
Respondent.; G.R. NO. 163052 - JADEWELL PARKING
SYSTEMS CORPORATION, Petitioner, v. MAYOR x x x x
BERNARDO M. VERGARA, CITY MAYOR OF BAGUIO,
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VICE MAYOR BETTY LOURDES F. TABANDA, VICE HON. ROCO: x x x [I]f we can retain the effect of pardon, then this marital rape can be
MAYOR OF BAGUIO, COUNCILOR BRAULIO D. implicitly contained in the second paragraph. x x x So marital rape actually was in
YARANON, COUNCILOR ELMER O. DATUIN, COUNCILOR the House version x x x. But it was not another definition of rape. You will notice,
ANTONIO R. TABORA, JR., COUNCILOR GALO D. it only says, that because you are the lawful husband does not mean that you cannot
WEYGAN, COUNCILOR EDILBERTO B. TENEFRANCIA, commit rape. Theoretically, I mean, you can beat up your wife until shes blue. And if
COUNCILOR FEDERICO J. MANDAPAT, JR., COUNCILOR
the wife complains she was raped, I guess that, I mean, you just cannot raise the
RICHARD A. CARINO, COUNCILOR FAUSTINO A.
OLOWAN, COUNCILOR DELFIN V. BALAJADIA, defense x x x[:] I am the husband. But where in the marriage contract does it say that
COUNCILOR RUFINO M. PANAGAN, CITY SECRETARY I can beat you up? Thats all it means. That is why if we stop referring to it as marital
RONALDO B. PEREZ, SANGGUNIANG PANLUNGSOD NG rape, acceptance is easy. Because parang ang marital rape, married na nga kami. I
BAGUIO, Respondents.; G. R. NO. 164107 - JADEWELL cannot have sex. No, what it is saying is youre [the] husband but you cannot beat me
PARKING SYSTEMS CORPORATION, Petitioner, v. CITY up. x x x. Thats why to me its not alarming. It was just a way of saying youre [the]
MAYOR BRAULIO D. YARANON, Respondent.; G.R. NO. husband, you cannot say when I am charged with rape x x x.
165564 - JADEWELL PARKING SYSTEMS CORPORATION,
Petitioner, v. CITY MAYOR BRAULIO D. YARANON, PRESIDING OFFICER SHAHANI: All right, so how do you propose it if we put it in[?]
Respondent.; G. R. NO. 172215 - JADEWELL PARKING
SYSTEMS CORPORATION, Petitioner, v. JUDGE HON. ROCO: x x x [A]ll we are saying [is] that if you are the lawful husband
FERNANDO VIL PAMINTUAN, PRESIDING JUDGE OF
does not mean you can have carnal knowledge by force[,] threat or intimidation
BRANCH 3 OF THE REGIONAL TRIAL COURT OF BAGUIO
or by depriving your wife reason, a grave abuse of authority, I dont know how
CITY, BENEDICTO BALAJADIA, PATERNO AQUINO,
RICHARD LABERINTO, ROLANDO ABELLERA, that cannot apply. Di ba yung, or putting an instrument into the, yun ang sinasabi ko
FERNANDO SANGALANG, ALLAN ATOS, ANGELINO lang, it is not meant to have another classification of rape. It is all the same
SANGALANG, CITY OF BAGUIO, AND CITY MAYOR definition x x x.
BRAULIO D. YARANON, Respondents.; G.R. NO. 172216
- JADEWELL PARKING SYSTEMS CORPORATION, x x x x
PETITIONER. VS. JUDGE FERNANDO VIL PAMINTUAN,
PRESIDING JUDGE, BRANCH 03 REGIONAL TRIAL HON. ROCO: What is 266F? x x x. Now if we can retain 266F x x x, we can say
COURT OF BAGUIO CITY, Respondent.; G.R. NO. that this rule is implicit already in the first proviso. It implies na there is an
173043 - JADEWELL PARKING SYSTEMS CORPORATION, instance when a husband can be charged [with] rape x x x.
Petitioner, v. CITY MAYOR BRAULIO D. YARANON,
Respondent.; G. R. NO. 174879 - JADEWELL PARKING
HON. ROXAS: Otherwise, silent na.
SYSTEMS CORPORATION, Petitioner, v. ACTING CITY
MAYOR AND FORMERLY VICE MAYOR AND PRESIDING
OFFICER OF THE SANGGUNIANG PANLUNGSOD NG
HON. ROCO: Otherwise, we are silent na. So parang idelete natin ito. But it is
BAGUIO, REINALDO A. BAUTISTA, JR., MEMBERS OF understood that this rule of evidence is now transport[ed], put into 266F, the
THE SANGGUNIANG PANLUNGSOD NG BAGUIO, effect of pardon.
LEONARDO B. YANGOT, JR., ROCKY THOMAS A.
BALISONG, EDILBERTO B. TENEFRANCIA, FAUSTINO A. PRESIDING OFFICER APOSTOL: We will retain this effect of pardon. We will remove
OLOWAN, GALO P. WEYGAN, FEDERICO J. MANDAPAT, marital rape.
PERLITA L. CHANRONDEZ, ANTONIO R. TABORA, JOSE
M. MOLINTAS AND RUFINO M. PANAGAN AND CITY HON. ROCO: No, yun ang, oo we will remove this one on page 3 but we will retain
LEGAL OFFICER MELCHOR CARLOS R. RABANES, the one on page 8, the effect of pardon. x x x [I]t is inferred but we leave it
Respondents.; G.R. NO. 181488 - CITY MAYOR BRAULIO because after all it is just a rule of evidence. But I think we should understand
D. YARANON, Petitioner, v. JADEWELL PARKING
that a husband cannot beat at his wife to have sex. Di ba? I think that should
SYSTEMS CORPORATION, HON. EXECUTIVE SECRETARY
be made clear. x x x.
EDUARDO R. ERMITA, ACTING BY AUTHORITY OF THE
PRESIDENT, AND HON. RONALDO V. PUNO, IN HIS
CAPACITY AS SECRETARY OF THE DEPARTMENT OF x x x x
INTERIOR AND LOCAL GOVERNMENT, Respondents.
HON. ROCO: x x x [W]e are not defining a crime of marital rape. All we are saying
G.R. No. 195580, April 21, 2014 - NARRA NICKEL is that if youre [the] legal husband, Jesus Christ, dont beat up to have sex. I almost
MINING AND DEVELOPMENT CORP., TESORO MINING want, you are my wife, why do you have to beat me up.
AND DEVELOPMENT, INC., AND MCARTHUR MINING,
INC., Petitioners, v. REDMONT CONSOLIDATED MINES So, ganoon. So, if we both justify it that way in the Report as inferred in proviso, I
CORP., Respondent. mean, we can face up, I hope, to the women and they would understand that it is half
achieved.
DECISION - MENDOZA, J. - G.R. No. 204819, April 08,
2014 - JAMES M. IMBONG AND LOVELYANN C. IMBONG,
HON. ZAMORA: I think, Raul, as long as we understand that we are not defining or
FOR THEMSELVES AND IN BEHALF OF THEIR MINOR
CHILDREN, LUCIA CARLOS IMBONG AND BERNADETTE
creating a new crime but instead, we are just defining a rule of evidence. x x x.
CARLOS IMBONG AND MAGNIFICAT CHILD
DEVELOPMENT CENTER, INC., Petitioners, v. HON. HON. ROCO: Then, in which case we may just want to clarify as a rule of evidence the
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON. fact that he is husband is not, does not negate.111
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA, CHAIRMAN LARA: x x x We all agree on the substance of the point in discussion. The
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A. only disagreement now is where to place it. Let us clear this matter. There are two
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION, suggestions now on marital rape. One is that it is rape if it is done with force or
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II, intimidation or any of the circumstances that would define rape x x x immaterial. The
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
fact that the husband and wife are separated does not come into the picture. So even if
GOVERNMENT, Respondents.; G.R. NO. 204934 -
ALLIANCE FOR THE FAMILY FOUNDATION PHILIPPINES, they are living under one roof x x x for as long as the attendant circumstances of
INC. [ALFI], REPRESENTED BY ITS PRESIDENT, MARIA the traditional rape is present, then that is rape.112
CONCEPCION S. NOCHE, SPOUSES REYNALDO S.
LUISTRO & ROSIE B. LUISTRO, JOSE S. SANDEJAS & PRESIDING OFFICER ANGARACASTILLO: Mr. Chairman, x x x [t]his provision on
ELENITA S.A. SANDEJAS, ARTURO M. GORREZ & marital rape, it does not actually change the meaning of rape. It merely erases
MARIETTA C. GORREZ, SALVADOR S. MANTE, JR. & the doubt in anybodys mind, whether or not rape can indeed be committed by
HAZELEEN L. MANTE, ROLANDO M. BAUTISTA & MARIA the husband against the wife. So the bill really says, you having been married to
FELISA S. BAUTISTA, DESIDERIO RACHO & one another is not a legal impediment. So I dont really think there is any need to
TRAQUILINA RACHO, FERNAND ANTONIO A.
change the concept of rape as defined presently under the revised penal code.
TANSINGCO & CAROL ANNE C. TANSINGCO FOR
This do[es] not actually add anything to the definition of rape. It merely says, it
THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN, THERESE ANTONETTE C. TANSINGCO,
is merely clarificatory. That if indeed the wife has evidence to show that she
LORENZO JOSE C. TANSINGCO, MIGUEL FERNANDO C. was really brow beaten, or whatever or forced or intimidated into having sexual
TANGSINGCO, CARLO JOSEMARIA C. TANSINGCO & intercourse against her will, then the crime of rape has been committed against
JUAN PAOLO C. TANSINGCO, SPOUSES MARIANO V. her by the husband, notwithstanding the fact that they have been legally
ARANETA & EILEEN Z. ARANETA FOR THEMSELVES AND married. It does not change anything at all, Mr. Chairman.
ON BEHALF OF THEIR MINOR CHILDREN, RAMON
CARLOS Z. ARANETA & MAYA ANGELICA Z. ARANETA, PRESIDING OFFICER APOSTOL: Yes, I think, there is no change on this x x x.113
SPOUSES RENATO C. CASTOR & MILDRED C. CASTOR
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN, RENZ JEFFREY C. CASTOR, JOSEPH RAMIL C. The paradigm shift on marital rape in the Philippine jurisdiction is further affirmed by R.A. No.
CASTOR, JOHN PAUL C. CASTOR & RAPHAEL C. CASTOR,
SPOUSES ALEXANDER R. RACHO & ZARA Z. RACHO FOR
9262,114 which regards rape within marriage as a form of sexual violence that may be committed by
THEMSELVES AND ON BEHALF OF THEIR MINOR a man against his wife within or outside the family abode, viz:
c h a n Ro b le s v ir t u a lL a wlib r a r y
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SOLIMAN, SECRETARY, DEPARTMENT OF SOCIAL a) rape, sexual harassment, acts of lasciviousness, treating a woman or
WELFARE AND DEVELOPMENT, HON. MANUEL A. ROXAS her child as a sex object, making demeaning and sexually suggestive
II, SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL remarks, physically attacking the sexual parts of the victims body,
GOVERNMENT, HON. FLORENCIO B. ABAD, SECRETARY, forcing her/him to watch obscene publications and indecent shows or
DEPARTMENT OF BUDGET AND MANAGEMENT, HON.
forcing the woman or her child to do indecent acts and/or make films
ARSENIO M. BALISACAN, SOCIOECONOMIC PLANNING
thereof, forcing the wife and mistress/lover to live in the conjugal home
SECRETARY AND NEDA DIRECTORGENERAL, THE
PHILIPPINE COMMISSION ON WOMEN, REPRESENTED
or sleep together in the same room with the abuser;
BY ITS CHAIRPERSON, REMEDIOS IGNACIORIKKEN,
THE PHILIPPINE HEALTH INSURANCE CORPORATION, b) acts causing or attempting to cause the victim to engage in any sexual
REPRESENTED BY ITS PRESIDENT EDUARDO BANZON, activity by force, threat of force, physical or other harm or threat of
THE LEAGUE OF PROVINCES OF THE PHILIPPINES, physical or other harm or coercion;
REPRESENTED BY ITS PRESIDENT ALFONSO UMALI, THE
LEAGUE OF CITIES OF THE PHILIPPINES, REPRESENTED c) Prostituting the woman or child.
BY ITS PRESIDENT OSCAR RODRIGUEZ, AND THE
LEAGUE OF MUNICIPALITIES OF THE PHILIPPINES,
REPRESENTED BY ITS PRESIDENT DONATO MARCOS, Statistical figures confirm the above characterization. Emotional and other forms of nonpersonal
Respondents.; G.R. NO. 204957 - TASK FORCE FOR violence are the most common type of spousal violence accounting for 23% incidence among ever
FAMILY AND LIFE VISAYAS, INC. AND VALERIANO S. married women. One in seven evermarried women experienced physical violence by their husbands
AVILA, Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY; HON. FLORENCIO B. ABAD,
while eight percent (8%) experienced sexual violence.115
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY, IV. Refutation of the accusedappellants arguments
DEPARTMENT OF EDUCATION; AND HON. MANUEL A.
ROXAS II, SECRETARY, DEPARTMENT OF INTERIOR The crux of the accusedappellants plea for acquittal mirrors the irrevocable implied consent theory.
AND LOCAL GOVERNMENT, Respondents.; G.R. NO. In his appeal brief before the CA, he posits that the two incidents of sexual intercourse, which gave
204988 - SERVE LIFE CAGAYAN DE ORO CITY, INC., rise to the criminal charges for rape, were theoretically consensual, obligatory even, because he and
REPRESENTED BY DR. NESTOR B. LUMICAO, M.D., AS the victim, KKK, were a legally married and cohabiting couple. He argues that consent to copulation is
PRESIDENT AND IN HIS PERSONAL CAPACITY, presumed between cohabiting husband and wife unless the contrary is proved.
ROSEVALE FOUNDATION INC., REPRESENTED BY DR.
RODRIGO M. ALENTON, M.D., AS MEMBER OF THE The accusedappellant further claims that this case should be viewed and treated differently from
SCHOOL BOARD AND IN HIS PERSONAL CAPACITY,
ordinary rape cases and that the standards for determining the presence of consent or lack thereof
ROSEMARIE R. ALENTON, IMELDA G. IBARRA, CPA,
LOVENIA P. NACES, PHD., ANTHONY G. NAGAC, EARL
must be adjusted on the ground that sexual community is a mutual right and obligation between
ANTHONY C. GAMBE AND MARLON I. YAP, Petitioners, v. husband and wife.116
OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON. The contentions failed to muster legal and rational merit.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF The ancient customs and ideologies from which the irrevocable implied consent theory evolved have
BUDGET AND MANAGEMENT; HON. ENRIQUE T. ONA, already been superseded by modern global principles on the equality of rights between men and
SECRETARY, DEPARTMENT OF HEALTH; HON. ARMIN A. women and respect for human dignity established in various international conventions, such as the
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
CEDAW. The Philippines, as State Party to the CEDAW, recognized that a change in the traditional role
AND HON. MANUEL A. ROXAS II, SECRETARY,
of men as well as the role of women in society and in the family is needed to achieve full equality
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
Respondents.; G.R. NO. 205003 - EXPEDITO A.
between them. Accordingly, the country vowed to take all appropriate measures to modify the social
BUGARIN, JR., Petitioner, v. OFFICE OF THE PRESIDENT and cultural patterns of conduct of men and women, with a view to achieving the elimination of
OF THE REPUBLIC OF THE PHILIPPINES, HON. SENATE prejudices, customs and all other practices which are based on the idea of the inferiority or the
PRESIDENT, HON. SPEAKER OF THE HOUSE OF superiority of either of the sexes or on stereotyped roles for men and women.117 One of such
REPRESENTATIVES AND HON. SOLICITOR GENERAL, measures is R.A. No 8353 insofar as it eradicated the archaic notion that marital rape cannot exist
Respondents.; G.R. NO. 205043 - EDUARDO B. because a husband has absolute proprietary rights over his wifes body and thus her consent to
OLAGUER AND THE CATHOLIC XYBRSPACE APOSTOLATE every act of sexual intimacy with him is always obligatory or at least, presumed.
OF THE PHILIPPINES, Petitioners, v. DOH SECRETARY
ENRIQUE T. ONA, FDA DIRECTOR SUZETTE H. LAZO,
Another important international instrument on gender equality is the UN Declaration on the
DBM SECRETARY FLORENCIO B. ABAD, DILG
SECRETARY MANUEL A. ROXAS II, DECS SECRETARY Elimination of Violence Against Women, which was promulgated118 by the UN General Assembly
ARMIN A. LUISTRO, Respondents.; G.R. NO. 205138 - subsequent to the CEDAW. The Declaration, in enumerating the forms of genderbased violence that
PHILIPPINE ALLIANCE OF XSEMINARIANS, INC. (PAX), constitute acts of discrimination against women, identified marital rape as a species of sexual
HEREIN REPRESENTED BY ITS NATIONAL PRESIDENT, violence, viz:
c h a n Ro b le s v ir t u a lL a wlib r a r y
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON. her coercively or violently.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA, Moreover, to treat marital rape cases differently from nonmarital rape cases in terms of the
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A. elements that constitute the crime and in the rules for their proof, infringes on the equal protection
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
AND HON. MANUEL A. ROXAS II, SECRETARY, clause. The Constitutional right to equal protection of the laws126 ordains that similar subjects should
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT, not be treated differently, so as to give undue favor to some and unjustly discriminate against
Respondents.; G.R. NO. 206355 - MILLENNIUM SAINT others; no person or class of persons shall be denied the same protection of laws, which is enjoyed,
FOUNDATION, INC., ATTY. RAMON PEDROSA, ATTY. by other persons or other classes in like circumstances.127
CITA BORROMEOGARCIA, STELLA ACEDERA, ATTY.
BERTENI CATALUA CAUSING, Petitioners, v. OFFICE As above discussed, the definition of rape in Section 1 of R.A. No. 8353 pertains to: (a) rape, as
OF THE PRESIDENT, OFFICE OF THE EXECUTIVE traditionally known; (b) sexual assault; and (c) marital rape or that where the victim is the
SECRETARY, DEPARTMENT OF HEALTH, DEPARTMENT perpetrators own spouse. The single definition for all three forms of the crime shows that the law
OF EDUCATION, Respondents.; G.R. NO. 207111 - JOHN
does not distinguish between rape committed in wedlock and those committed without a marriage.
WALTER B. JUAT, MARY M. IMBONG, ANTHONY
Hence, the law affords protection to women raped by their husband and those raped by any other
VICTORIO B. LUMICAO, JOSEPH MARTIN Q. VERDEJO,
ANTONIA EMMA R. ROXAS AND LOTA LATGUERRERO,
man alike.
PETITIONERS VS. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. FLORENCIO ABAD, The posture advanced by the accusedappellant arbitrarily discriminates against married rape victims
SECRETARY, DEPARTMENT OF BUDGET AND over unmarried rape victims because it withholds from married women raped by their husbands the
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY, penal redress equally granted by law to all rape victims.
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO,
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE Further, the Court adheres to and hereby adopts the rationale in Liberta in rejecting the argument
AND SPORTS AND HON. MANUEL A. ROXAS II, akin to those raised by herein accusedappellant. A marriage license should not be viewed as a
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL license for a husband to forcibly rape his wife with impunity. A married woman has the same right to
GOVERNMENT, Respondents.; G.R. NO. 207172 -
control her own body, as does an unmarried woman.128 She can give or withhold her consent to a
COUPLES FOR CHRIST FOUNDATION, INC., SPOUSES
JUAN CARLOS ARTADI SARMIENTO AND FRANCESCA
sexual intercourse with her husband and he cannot unlawfully wrestle such consent from her in case
ISABELLE BESINGASARMIENTO, AND SPOUSES LUIS she refuses.
FRANCIS A. RODRIGO, JR. AND DEBORAH MARIE
VERONICA N. RODRIGO., Petitioners, v. HON. PAQUITO Lastly, the human rights of women include their right to have control over and decide freely and
N. OCHOA, JR., EXECUTIVE SECRETARY, HON. responsibly on matters related to their sexuality, including sexual and reproductive health, free of
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF coercion, discrimination and violence.129 Women do not divest themselves of such right by
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
contracting marriage for the simple reason that human rights are inalienable.130
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II,
In fine, since the law does not separately categorize marital rape and nonmarital rape nor provide
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL for different definition or elements for either, the Court, tasked to interpret and apply what the law
GOVERNMENT, Respondents.; G.R. NO. 207563 - dictates, cannot trudge the forbidden sphere of judicial legislation and unlawfully divert from what the
ALMARIM CENTI TILLAH AND ABDULHUSSEIN M. law sets forth. Neither can the Court frame distinct or stricter evidentiary rules for marital rape cases
KASHIM, Petitioners, v. HON. PAQUITO N. OCHOA, JR., as it would inequitably burden its victims and unreasonably and irrationally classify them differently
EXECUTIVE SECRETARY, HON. ENRIQUE T. ONA, from the victims of nonmarital rape.
SECRETARY OF THE DEPARTMENT OF HEALTH, AND
HON. ARMIN A. LUISTRO,SECRETARY OF THE Indeed, there exists no legal or rational reason for the Court to apply the law and the evidentiary
DEPARTMENT OF BUDGET AND MANAGEMENT, rules on rape any differently if the aggressor is the womans own legal husband. The elements and
Respondents. quantum of proof that support a moral certainty of guilt in rape cases should apply uniformly
regardless of the legal relationship between the accused and his accuser.
CONCURRING OPINION - CARPIO, J. - G.R. No.
204819, April 08, 2014 - JAMES M. IMBONG AND
LOVELYANN C. IMBONG, FOR THEMSELVES AND IN
Thus, the Court meticulously reviewed the present case in accordance with the established legal
BEHALF OF THEIR MINOR CHILDREN, LUCIA CARLOS principles and evidentiary policies in the prosecution and resolution of rape cases and found that no
IMBONG AND BERNADETTE CARLOS IMBONG AND reversible error can be imputed to the conviction meted the accusedappellant.
MAGNIFICAT CHILD DEVELOPMENT CENTER, INC.,
Petitioners, v. HON. PAQUITO N. OCHOA, JR., The evidence for the prosecution was
EXECUTIVE SECRETARY, HON. FLORENCIO B. ABAD, based on credible witnesses who gave
SECRETARY, DEPARTMENT OF BUDGET AND equally credible testimonies
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY,
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO, In rape cases, the conviction of the accused rests heavily on the credibility of the victim. Hence, the
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE strict mandate that all courts must examine thoroughly the testimony of the offended party. While the
AND SPORTS AND HON. MANUEL A. ROXAS II, accused in a rape case may be convicted solely on the testimony of the complaining witness, courts
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
are, nonetheless, dutybound to establish that their reliance on the victims testimony is justified.
GOVERNMENT, Respondents.; G.R. NO. 204934 -
ALLIANCE FOR THE FAMILY FOUNDATION PHILIPPINES,
Courts must ensure that the testimony is credible, convincing, and otherwise consistent with human
INC. [ALFI], REPRESENTED BY ITS PRESIDENT, MARIA nature. If the testimony of the complainant meets the test of credibility, the accused may be
CONCEPCION S. NOCHE, SPOUSES REYNALDO S. convicted on the basis thereof.131
LUISTRO & ROSIE B. LUISTRO, JOSE S. SANDEJAS &
ELENITA S.A. SANDEJAS, ARTURO M. GORREZ & It is settled that the evaluation by the trial court of the credibility of witnesses and their testimonies
MARIETTA C. GORREZ, SALVADOR S. MANTE, JR. & are entitled to the highest respect. This is in view of its inimitable opportunity to directly observe the
HAZELEEN L. MANTE, ROLANDO M. BAUTISTA & MARIA witnesses and their deportment, conduct and attitude, especially during crossexamination. Thus,
FELISA S. BAUTISTA, DESIDERIO RACHO & unless it is shown that its evaluation was tainted with arbitrariness or certain facts of substance and
TRAQUILINA RACHO, FERNAND ANTONIO A.
value have been plainly overlooked, misunderstood, or misapplied, the same will not be disturbed on
TANSINGCO & CAROL ANNE C. TANSINGCO FOR
THEMSELVES AND ON BEHALF OF THEIR MINOR appeal.132
CHILDREN, THERESE ANTONETTE C. TANSINGCO,
LORENZO JOSE C. TANSINGCO, MIGUEL FERNANDO C. After approximating the perspective of the trial court thru a meticulous scrutiny of the entire records
TANGSINGCO, CARLO JOSEMARIA C. TANSINGCO & of the trial proceedings and the transcript of each witnesses testimony, the Court found no
JUAN PAOLO C. TANSINGCO, SPOUSES MARIANO V. justification to disturb its findings.
ARANETA & EILEEN Z. ARANETA FOR THEMSELVES AND
ON BEHALF OF THEIR MINOR CHILDREN, RAMON Rather, the Court observed that KKK and her testimony were both credible and spontaneous. Hailed
CARLOS Z. ARANETA & MAYA ANGELICA Z. ARANETA, to the witness stand on six separate occasions, KKK never wavered neither did her statements
SPOUSES RENATO C. CASTOR & MILDRED C. CASTOR vacillate between uncertainty and certitude. She remained consistent, categorical, straightforward,
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR
and candid during the rigorous crossexamination and on rebuttal examination, she was able to
CHILDREN, RENZ JEFFREY C. CASTOR, JOSEPH RAMIL C.
convincingly explain and debunk the allegations of the defense.
CASTOR, JOHN PAUL C. CASTOR & RAPHAEL C. CASTOR,
SPOUSES ALEXANDER R. RACHO & ZARA Z. RACHO FOR
THEMSELVES AND ON BEHALF OF THEIR MINOR She vividly recounted how the accusedappellant forced her to have sex with him despite her refusal
CHILDREN MARGARITA RACHO, MIKAELA RACHO, on October 16, 1998. He initially ordered her to sleep beside him in their conjugal bed by violently
MARTIN RACHO, MARI RACHO & MANOLO RACHO, throwing the cot where she was resting. In order not to aggravate his temper, KKK obeyed. On the
SPOUSES ALFRED R. RACHO & FRANCINE V. RACHO bed, he insinuated for them to have sex. When she rejected his advances due to abdominal pain and
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR headache, his request for intimacy transformed into a stubborn demand. Unyielding, KKK held her
CHILDREN MICHAEL RACHO, MARIANA RACHO, RAFAEL panties but the accusedappellant forcibly pulled them down. The tug caused the small clothing to
RACHO, MAXI RACHO, CHESSIE RACHO & LAURA tear apart. She reiterated that she was not feeling well and begged him to stop. But no amount of
RACHO, SPOUSES DAVID R. RACHO & ARMILYN A. resistance or begging subdued him. He flexed her two legs apart, gripped her hands, mounted her,
RACHO FOR THEMSELVES AND ON BEHALF OF THEIR rested his own legs on hers and inserted his penis into her vagina. She continued pleading but he
MINOR CHILD GABRIEL RACHO, MINDY M. JUATAS AND
ON BEHALF OF HER MINOR CHILDREN ELIJAH GERALD never desisted.133
JUATAS AND ELIAN GABRIEL JUATAS, SALVACION M.
MONTEIRO, EMILY R. LAWS, JOSEPH R. LAWS & Her accurate recollection of the second rape incident on October 17, 1998 is likewise unmistakable.
KATRINA R. LAWS, Petitioners, v. HON. PAQUITO N. After the appalling episode in the conjugal bedroom the previous night, KKK decided to sleep in the
OCHOA, JR., EXECUTIVE SECRETARY, HON. ENRIQUE T. childrens bedroom. While her daughters were fixing the beddings, the accusedappellant barged into
ONA, SECRETARY, DEPARTMENT OF HEALTH, HON. the room and berated her for refusing to go with him to their conjugal bedroom. When KKK insisted
ARMIN A. LUISTRO, SECRETARY, DEPARTMENT OF to stay in the childrens bedroom, the accusedappellant got angry and pulled her up. MMMs attempt
EDUCATION, CULTURE AND SPORTS, HON. CORAZON to pacify the accusedappellant further enraged him. He reminded them that as the head of the
SOLIMAN, SECRETARY, DEPARTMENT OF SOCIAL family he could do whatever he wants with his wife. To demonstrate his role as patriarch, he ordered
WELFARE AND DEVELOPMENT, HON. MANUEL A. ROXAS the children to go out of the room and thereafter proceeded to force KKK into sexual intercourse. He
II, SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
forcibly pulled down her short pants and panties as KKK begged Dont do that to me, my body is still
GOVERNMENT, HON. FLORENCIO B. ABAD, SECRETARY,
DEPARTMENT OF BUDGET AND MANAGEMENT, HON. aching and also my abdomen and I cannot do what you wanted me to do. I cannot withstand sex.134
ARSENIO M. BALISACAN, SOCIOECONOMIC PLANNING But her pleas fell on deaf ears. The accusedappellant removed his shorts and briefs, spread KKKs
SECRETARY AND NEDA DIRECTORGENERAL, THE legs apart, held her hands, mounted her and inserted his penis into her vagina. After gratifying
PHILIPPINE COMMISSION ON WOMEN, REPRESENTED himself, he got dressed, left the room as he chuckled: Its nice, that is what you deserve because
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
BY ITS CHAIRPERSON, REMEDIOS IGNACIORIKKEN, you are [a] flirt or fond of sex.135
THE PHILIPPINE HEALTH INSURANCE CORPORATION,
REPRESENTED BY ITS PRESIDENT EDUARDO BANZON,
Entrenched is the rule that in the prosecution of rape cases, the essential element that must be
THE LEAGUE OF PROVINCES OF THE PHILIPPINES,
REPRESENTED BY ITS PRESIDENT ALFONSO UMALI, THE proved is the absence of the victims consent to the sexual congress.136 Under the law, consent is
LEAGUE OF CITIES OF THE PHILIPPINES, REPRESENTED absent when: (a) it was wrestled from the victim by force, threat or intimidation, fraudulent
BY ITS PRESIDENT OSCAR RODRIGUEZ, AND THE machinations or grave abuse of authority; or (b) the victim is incapable of giving free and voluntary
LEAGUE OF MUNICIPALITIES OF THE PHILIPPINES, consent because he/she is deprived of reason or otherwise unconscious or that the offended party is
REPRESENTED BY ITS PRESIDENT DONATO MARCOS, under 12 years of age or is demented.
Respondents.; G.R. NO. 204957 - TASK FORCE FOR
FAMILY AND LIFE VISAYAS, INC. AND VALERIANO S. Contrary to the accusedappellants asseverations, KKKs consent was wrestled from her through
AVILA, Petitioners, v. HON. PAQUITO N. OCHOA, JR., force and intimidation both of which were established beyond moral certainty by the prosecution
EXECUTIVE SECRETARY; HON. FLORENCIO B. ABAD, through the pertinent testimony of KKK, viz:
SECRETARY, DEPARTMENT OF BUDGET AND
c h a n Ro b le s v ir t u a lL a wlib r a r y
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
FOUNDATION, INC., ATTY. RAMON PEDROSA, ATTY. A He successfully having sex with me because he pulled my short pant and
CITA BORROMEOGARCIA, STELLA ACEDERA, ATTY. pantie forcible.
BERTENI CATALUA CAUSING, Petitioners, v. OFFICE
OF THE PRESIDENT, OFFICE OF THE EXECUTIVE
Q So, what did you say when he forcibly pulled your short and pantie?
SECRETARY, DEPARTMENT OF HEALTH, DEPARTMENT A I told him, dont do that to me, my body is still aching and also my abdomen
OF EDUCATION, Respondents.; G.R. NO. 207111 - JOHN and I cannot do what you wanted me to do. I cannot withstand sex.
WALTER B. JUAT, MARY M. IMBONG, ANTHONY
Q So, what happened to your short when he forcibly pulled it down?
VICTORIO B. LUMICAO, JOSEPH MARTIN Q. VERDEJO,
ANTONIA EMMA R. ROXAS AND LOTA LATGUERRERO, A It was torn.
PETITIONERS VS. HON. PAQUITO N. OCHOA, JR., Q And after your short and pantie was pulled down by your husband, what did
EXECUTIVE SECRETARY, HON. FLORENCIO ABAD,
he do?
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY, A He also removed his short and brief and flexed my two legs and mounted on
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO, me and succeeded in having sex with me.139
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE
AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL The accusedappellant forced his wife when he knowingly overpowered her by gripping her hands,
GOVERNMENT, Respondents.; G.R. NO. 207172 -
flexing her legs and then resting his own legs thereon in order to facilitate the consummation of his
COUPLES FOR CHRIST FOUNDATION, INC., SPOUSES
JUAN CARLOS ARTADI SARMIENTO AND FRANCESCA
muchdesired nonconsensual sexual intercourse.
ISABELLE BESINGASARMIENTO, AND SPOUSES LUIS
FRANCIS A. RODRIGO, JR. AND DEBORAH MARIE Records also show that the accusedappellant employed sufficient intimidation upon KKK. His
VERONICA N. RODRIGO., Petitioners, v. HON. PAQUITO actuations prior to the actual moment of the felonious coitus revealed that he imposed his distorted
N. OCHOA, JR., EXECUTIVE SECRETARY, HON. sense of moral authority on his wife. He furiously demanded for her to lay with him on the bed and
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF thereafter coerced her to indulge his sexual craving.
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A. The fury the accusedappellant exhibited when KKK refused to sleep with him on their bed, when she
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION, insisted to sleep in the childrens bedroom and the fact that he exercises dominance over her as
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II, husband all cowed KKK into submission.
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207563 -
The fact that KKK voluntarily went with the accusedappellant to their conjugal bedroom on October
ALMARIM CENTI TILLAH AND ABDULHUSSEIN M.
KASHIM, Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
16, 1998 cannot be stretched to mean that she consented to the forced sexual intercourse that
EXECUTIVE SECRETARY, HON. ENRIQUE T. ONA, ensued. The accusedappellant was KKKs husband and hence it was customary for her to sleep in
SECRETARY OF THE DEPARTMENT OF HEALTH, AND the conjugal bedroom. No consent can be deduced from such act of KKK because at that juncture
HON. ARMIN A. LUISTRO,SECRETARY OF THE there were no indications that sexual intercourse was about to take place. The issue of consent was
DEPARTMENT OF BUDGET AND MANAGEMENT, still irrelevant since the act for which the same is legally required did not exist yet or at least unclear
Respondents. to the person from whom the consent was desired. The significant point when consent must be given
is at that time when it is clear to the victim that her aggressor is soliciting sexual congress. In this
SEPARATE CONCURRING OPINION - BRION, J. - G.R. case, that point is when the accusedappellant tapped his fingers on her lap, a gesture KKK
No. 204819, April 08, 2014 - JAMES M. IMBONG AND comprehended to be an invitation for a sexual intercourse, which she refused.
LOVELYANN C. IMBONG, FOR THEMSELVES AND IN
BEHALF OF THEIR MINOR CHILDREN, LUCIA CARLOS Resistance, medical certificate and
IMBONG AND BERNADETTE CARLOS IMBONG AND
blood traces.
MAGNIFICAT CHILD DEVELOPMENT CENTER, INC.,
Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. FLORENCIO B. ABAD, We cannot give credence to the accusedappellants argument that KKK should have hit him to
SECRETARY, DEPARTMENT OF BUDGET AND convey that she was resisting his sexual onslaught. Resistance is not an element of rape and the law
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY, does not impose upon the victim the burden to prove resistance 140 much more requires her to raise
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO, a specific kind thereof.
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE
AND SPORTS AND HON. MANUEL A. ROXAS II, At any rate, KKK put up persistent, audible and intelligible resistance for the accusedappellant to
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL recognize that she seriously did not assent to a sexual congress. She held on to her panties to
GOVERNMENT, Respondents.; G.R. NO. 204934 -
prevent him from undressing her, she refused to bend her legs and she repeatedly shouted and
ALLIANCE FOR THE FAMILY FOUNDATION PHILIPPINES,
begged for him to stop.
INC. [ALFI], REPRESENTED BY ITS PRESIDENT, MARIA
CONCEPCION S. NOCHE, SPOUSES REYNALDO S.
LUISTRO & ROSIE B. LUISTRO, JOSE S. SANDEJAS & Moreover, as an element of rape, force or intimidation need not be irresistible; it may be just enough
ELENITA S.A. SANDEJAS, ARTURO M. GORREZ & to bring about the desired result. What is necessary is that the force or intimidation be sufficient to
MARIETTA C. GORREZ, SALVADOR S. MANTE, JR. & consummate the purpose that the accused had in mind141 or is of such a degree as to impel the
HAZELEEN L. MANTE, ROLANDO M. BAUTISTA & MARIA defenseless and hapless victim to bow into submission.142
FELISA S. BAUTISTA, DESIDERIO RACHO &
TRAQUILINA RACHO, FERNAND ANTONIO A. Contrary to the accusedappellants allusions, the absence of blood traces in KKKs panties or the
TANSINGCO & CAROL ANNE C. TANSINGCO FOR
lack of a medical certificate do not negate rape. It is not the presence or absence of blood on the
THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN, THERESE ANTONETTE C. TANSINGCO, victims underwear that determines the fact of rape 143 inasmuch as a medical certificate is
LORENZO JOSE C. TANSINGCO, MIGUEL FERNANDO C. dispensable evidence that is not necessary to prove rape.144 These details do not pertain to the
TANGSINGCO, CARLO JOSEMARIA C. TANSINGCO & elements that produce the gravamen of the offense that is sexual intercourse with a woman against
JUAN PAOLO C. TANSINGCO, SPOUSES MARIANO V. her will or without her consent.145
ARANETA & EILEEN Z. ARANETA FOR THEMSELVES AND
ON BEHALF OF THEIR MINOR CHILDREN, RAMON
CARLOS Z. ARANETA & MAYA ANGELICA Z. ARANETA, The accusedappellant harps on the acquittal ruling in People v. Godoy,146 the evidentiary
SPOUSES RENATO C. CASTOR & MILDRED C. CASTOR circumstances of which are, however, disparate from those in the present case. In Godoy, the
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR testimony of the complainant was inherently weak, inconsistent, and was controverted by the
CHILDREN, RENZ JEFFREY C. CASTOR, JOSEPH RAMIL C. prosecutions medicolegal expert witness who stated that force was not applied based on the
CASTOR, JOHN PAUL C. CASTOR & RAPHAEL C. CASTOR, position of her hymenal laceration. This led the Court to conclude that the absence of any sign of
SPOUSES ALEXANDER R. RACHO & ZARA Z. RACHO FOR physical violence on the victims body is an indication of consent.147 Here, however, KKKs testimony
THEMSELVES AND ON BEHALF OF THEIR MINOR is, as discussed earlier, credible, spontaneous and forthright.
CHILDREN MARGARITA RACHO, MIKAELA RACHO,
MARTIN RACHO, MARI RACHO & MANOLO RACHO,
The corroborative testimonies of MMM
SPOUSES ALFRED R. RACHO & FRANCINE V. RACHO
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR
and OOO are worthy of credence.
CHILDREN MICHAEL RACHO, MARIANA RACHO, RAFAEL
RACHO, MAXI RACHO, CHESSIE RACHO & LAURA The accusedappellants assertion that MMM and OOOs testimonies lacked probative value as they
RACHO, SPOUSES DAVID R. RACHO & ARMILYN A. did not witness the actual rape is bereft of merit. It must be stressed that rape is essentially
RACHO FOR THEMSELVES AND ON BEHALF OF THEIR committed in relative isolation, thus, it is usually only the victim who can testify with regard to the
MINOR CHILD GABRIEL RACHO, MINDY M. JUATAS AND fact of the forced sexual intercourse.148 Hence, the probative value of MMM and OOOs testimonies
ON BEHALF OF HER MINOR CHILDREN ELIJAH GERALD rest not on whether they actually witnessed the rape but on whether their declarations were in
JUATAS AND ELIAN GABRIEL JUATAS, SALVACION M. harmony with KKKs narration of the circumstances, preceding, subsequent to and concurrent with,
MONTEIRO, EMILY R. LAWS, JOSEPH R. LAWS & the rape incidents.
KATRINA R. LAWS, Petitioners, v. HON. PAQUITO N.
OCHOA, JR., EXECUTIVE SECRETARY, HON. ENRIQUE T.
ONA, SECRETARY, DEPARTMENT OF HEALTH, HON.
MMM and OOOs testimonies substantiated significant points in KKKs narration. MMM heard KKK
ARMIN A. LUISTRO, SECRETARY, DEPARTMENT OF shouting and crying: Eddie, dont do that to me, have pity on me149 on the night of October 16,
EDUCATION, CULTURE AND SPORTS, HON. CORAZON 1998 shortly after KKK and the accusedappellant went to their conjugal bedroom. When MMM went
SOLIMAN, SECRETARY, DEPARTMENT OF SOCIAL upstairs to check on her mother, the accusedappellant admonished her for meddling. Frustrated to
WELFARE AND DEVELOPMENT, HON. MANUEL A. ROXAS aid her mother who persistently cried, MMM kicked the door so hard the accusedappellant was
II, SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL prompted to open it and rebuke MMM once more. OOO heard all these commotion from the room
GOVERNMENT, HON. FLORENCIO B. ABAD, SECRETARY, downstairs.
DEPARTMENT OF BUDGET AND MANAGEMENT, HON.
ARSENIO M. BALISACAN, SOCIOECONOMIC PLANNING
MMM then saw her mother crouched on the bed, crying, with her hair disheveled while her torn panty
SECRETARY AND NEDA DIRECTORGENERAL, THE
lay on the floor. After a brief struggle with the accusedappellant, MMM and KKK were finally able to
PHILIPPINE COMMISSION ON WOMEN, REPRESENTED
BY ITS CHAIRPERSON, REMEDIOS IGNACIORIKKEN,
escape and retreat to the childrens bedroom where KKK narrated to her daughters: [Y]our father is
THE PHILIPPINE HEALTH INSURANCE CORPORATION, an animal, a beast; he forced me to have sex with him when Im not feeling well.
REPRESENTED BY ITS PRESIDENT EDUARDO BANZON,
THE LEAGUE OF PROVINCES OF THE PHILIPPINES, KKK gave a similar narration to MMM and OOO the following night after the accusedappellant barged
REPRESENTED BY ITS PRESIDENT ALFONSO UMALI, THE inside the childrens bedroom. The couple had an argument and when MMM tried to interfere, the
LEAGUE OF CITIES OF THE PHILIPPINES, REPRESENTED accusedappellant ordered her and OOO to get out after bragging that he can have sex with his wife
BY ITS PRESIDENT OSCAR RODRIGUEZ, AND THE even in front of the children because he is the head of the family. The girls then stayed by the
LEAGUE OF MUNICIPALITIES OF THE PHILIPPINES, staircase where they afterwards heard their mother helplessly crying and shouting for the accused
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
REPRESENTED BY ITS PRESIDENT DONATO MARCOS, appellant to stop.
Respondents.; G.R. NO. 204957 - TASK FORCE FOR
FAMILY AND LIFE VISAYAS, INC. AND VALERIANO S. Indeed, the testimonies of KKK, MMM and OOO coherently depicted that the accusedappellant,
AVILA, Petitioners, v. HON. PAQUITO N. OCHOA, JR., through the use of force and intimidation, had nonconsensual and forced carnal knowledge of his
EXECUTIVE SECRETARY; HON. FLORENCIO B. ABAD,
wife, KKK on the nights of October 16 and 17, 1998.
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY,
DEPARTMENT OF EDUCATION; AND HON. MANUEL A.
KKKs helpless screams and pleas from inside the bedroom coupled with her verbal and physical
ROXAS II, SECRETARY, DEPARTMENT OF INTERIOR resistance were clear manifestations of coercion. Her appearance when MMM saw her on the bed
AND LOCAL GOVERNMENT, Respondents.; G.R. NO. after the accused appellant opened the door on October 16, 1998, her conduct towards the accused
204988 - SERVE LIFE CAGAYAN DE ORO CITY, INC., appellant on her way out of the room, and her categorical outcry to her children after the two
REPRESENTED BY DR. NESTOR B. LUMICAO, M.D., AS bedroom episodes all generate the conclusion that the sexual acts that occurred were against her
PRESIDENT AND IN HIS PERSONAL CAPACITY, will.
ROSEVALE FOUNDATION INC., REPRESENTED BY DR.
RODRIGO M. ALENTON, M.D., AS MEMBER OF THE Failure to immediately report to the
SCHOOL BOARD AND IN HIS PERSONAL CAPACITY, police authorities, if satisfactorily
ROSEMARIE R. ALENTON, IMELDA G. IBARRA, CPA, explained, is not fatal to the
LOVENIA P. NACES, PHD., ANTHONY G. NAGAC, EARL
credibility of a witness.
ANTHONY C. GAMBE AND MARLON I. YAP, Petitioners, v.
OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON.
The testimonies of KKK and her daughters cannot be discredited merely because they failed to report
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON. the rape incidents to the police authorities or that KKK belatedly filed the rape charges. Delay or
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF vacillation by the victims in reporting sexual assaults does not necessarily impair their credibility if
BUDGET AND MANAGEMENT; HON. ENRIQUE T. ONA, such delay is satisfactorily explained.150
SECRETARY, DEPARTMENT OF HEALTH; HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION At that time, KKK and her daughters were not aware that a husband forcing his wife to submit to
AND HON. MANUEL A. ROXAS II, SECRETARY, sexual intercourse is considered rape. In fact, KKK only found out that she could sue his husband for
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT, rape when Prosecutor Benjamin Tabique, Jr. (Prosecutor Tabique) told her about it when she filed the
Respondents.; G.R. NO. 205003 - EXPEDITO A.
BUGARIN, JR., Petitioner, v. OFFICE OF THE PRESIDENT
separate charges for grave threats and physical injuries against the accusedappellant.151 It must be
OF THE REPUBLIC OF THE PHILIPPINES, HON. SENATE noted that the incidents occurred a year into the effectivity of R.A. No. 8353 abolishing marital
PRESIDENT, HON. SPEAKER OF THE HOUSE OF exemption in rape cases hence it is understandable that it was not yet known to a layman as opposed
REPRESENTATIVES AND HON. SOLICITOR GENERAL, to legal professionals like Prosecutor Tabique.
Respondents.; G.R. NO. 205043 - EDUARDO B.
OLAGUER AND THE CATHOLIC XYBRSPACE APOSTOLATE In addition, fear of reprisal thru social humiliation which is the common factor that deter rape victims
OF THE PHILIPPINES, Petitioners, v. DOH SECRETARY from reporting the crime to the authorities is more cumbersome in marital rape cases. This is in view
ENRIQUE T. ONA, FDA DIRECTOR SUZETTE H. LAZO, of the popular yet outdated belief that it is the wifes absolute obligation to submit to her husbands
DBM SECRETARY FLORENCIO B. ABAD, DILG carnal desires. A husband raping his own wife is often dismissed as a peculiar occurrence or
SECRETARY MANUEL A. ROXAS II, DECS SECRETARY trivialized as simple domestic trouble.
ARMIN A. LUISTRO, Respondents.; G.R. NO. 205138 -
PHILIPPINE ALLIANCE OF XSEMINARIANS, INC. (PAX),
Unfamiliarity with or lack of knowledge of the law criminalizing marital rape, the stigma and public
HEREIN REPRESENTED BY ITS NATIONAL PRESIDENT,
ATTY. RICARDO M. RIBO, AND IN HIS OWN BEHALF,
scrutiny that could have befallen KKK and her family had the intervention of police authorities or
ATTY. LINO E.A. DUMAS, ROMEO B. ALMONTE, even the neighbors been sought, are acceptable explanations for the failure or delay in reporting the
OSMUNDO C. ORLANES, ARSENIO Z. MENOR, SAMUEL J. subject rape incidents.
YAP, JAIME F. MATEO, ROLLY SIGUAN, DANTE E.
MAGDANGAL, MICHAEL EUGENIO O. PLANA, The victims testimony on the witness stand
BIENVENIDO C. MIGUEL, JR., LANDRITO M. DIOKNO rendered unnecessary the presentation of
AND BALDOMERO FALCONE, Petitioners, v. HON. her complaintaffidavit as evidence.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF The failure of the prosecution to present KKKs complaintaffidavit for rape is not fatal in view of the
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA, credible, candid and positive testimony of KKK on the witness stand. Testimonial evidence carries
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
more weight than the affidavit since it underwent the rudiments of a direct, cross, redirect and re
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
cross examinations. Affidavits or statements taken ex parte are generally considered incomplete and
HON. MANUEL A. ROXAS II, SECRETARY, DEPARTMENT
OF INTERIOR AND LOCAL GOVERNMENT, HON. inaccurate. Thus, by nature, they are inferior to testimony given in court.152
CORAZON J. SOLIMAN, SECRETARY, DEPARTMENT OF
SOCIAL WELFARE AND DEVELOPMENT, HON. ARSENIO Ill motive imputed to the victim
BALISACAN, DIRECTORGENERAL, NATIONAL
ECONOMIC AND DEVELOPMENT AUTHORITY, HON. The ill motive, which the accusedappellant imputed to KKK, does not inspire belief as it is riddled
SUZETTE H. LAZO, DIRECTORGENERAL, FOOD AND with loopholes generated by incongruent and flimsy evidence. The prosecution was able to establish
DRUGS ADMINISTRATION, THE BOARD OF DIRECTORS, that the P3 Million deposit in the spouses bank account was the proceeds of their loan from the Bank
PHILIPPINE HEALTH INSURANCE CORPORATION, AND of Philippine Islands (BPI). Exhibit J, which is a BPI ML instruction sheet dated October 31, 1996 in the
THE BOARD OF COMMISSIONERS, PHILIPPINE
amount of P3,149,840.63 is the same amount the accusedappellant claimed to have entrusted to her
COMMISSION ON WOMEN, Respondents.; G.R. NO.
wife. Although the accusedappellant denied being aware of such loan, he admitted that
205478 - REYNALDO J. ECHAVEZ, M.D., JACQUELINE H.
KING, M.D., CYNTHIA T. DOMINGO, M.D., AND
approximately P3 Million was spent for the construction of their house. These pieces of evidence
JOSEPHINE MILLADOLUMITAO, M.D., COLLECTIVELY effectively belie the accused appellants allegation that KKK could not account for the money
KNOWN AS DOCTORS FOR LIFE, AND ANTHONY PEREZ, deposited in the bank.153
MICHAEL ANTHONY G. MAPA, CARLOS ANTONIO PALAD,
WILFREDO JOSE, CLAIRE NAVARRO, ANNA COSIO, AND Anent, KKKs alleged extramarital affairs, the accusedappellant failed to explain how Bebs could be
GABRIEL DY LIACCO COLLECTIVELY KNOWN AS his wife KKK when the lettersender greeted Bebs a happy birthday on October 28 while KKKs
FILIPINOS FOR LIFE, Petitioners, v. HON. PAQUITO N. birthday is June 23. The accusedappellant also did not present Bebs herself, being a more
OCHOA, JR., EXECUTIVE SECRETARY; HON. FLORENCIO competent witness to the existence of the alleged love letters for KKK. He likewise failed, despite
B. ABAD, SECRETARY OF THE DEPARTMENT OF BUDGET
promise to do so, to present the original copies of such love letters neither did he substantiate KKKs
AND MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY
supposed extramarital affairs by presenting witnesses who could corroborate his claims. Further, the
OF THE DEPARTMENT OF HEALTH; HON. ARMIN A.
LUISTRO, SECRETARY OF THE DEPARTMENT OF
Court finds it unbelievable that an able man would not have the temerity to confront his wife who has
EDUCATION; AND HON. MANUEL A. ROXAS II, fooled around with 10 men some of whom he has even met. The accusedappellants erratic
SECRETARY OF THE DEPARTMENT OF INTERIOR AND statements on the witness stand are inconsistent with the theory of extramarital romance making it
LOCAL GOVERNMENT, Respondents.; G.R. NO. 205491 - reasonable to infer that he merely made up those malicious stories as a desperate ploy to extricate
SPOUSES FRANCISCO S. TATAD AND MARIA FENNY C. himself out of this legal quandary.
TATAD & ALA F. PAGUIA, FOR THEMSELVES, THEIR
POSTERITY, AND THE REST OF FILIPINO POSTERITY, At best, the basis of the alleged illicit affairs of KKK were the accusedappellants unfounded
Petitioners, v. OFFICE OF THE PRESIDENT OF THE suspicions that hold no evidentiary weight in law and thus incompetent to destroy KKKs credibility
REPUBLIC OF THE PHILIPPINES, Respondent.; [G.R. NO. and that of her testimony. In sum, the defense failed to present sufficiently convincing evidence that
205720] PROLIFE PHILIPPINES FOUNDATION, INC., KKK is a mere vindictive wife who is harassing the accusedappellant with fabricated rape charges.
REPRESENTED BY LORNA MELEGRITO, AS EXECUTIVE
DIRECTOR, AND IN HER PERSONAL CAPACITY, JOSELYN
Alibi
B. BASILIO, ROBERT Z. CORTES, ARIEL A.
CRISOSTOMO, JEREMY I. GATDULA, CRISTINA A.
MONTES, RAUL ANTONIO A. NIDOY, WINSTON CONRAD It must be stressed that in raising the irrevocable implied consent theory as defense, the accused
B. PADOJINOG, RUFINO L. POLICARPIO III, Petitioners, appellant has essentially admitted the facts of sexual intercourse embodied in the two criminal
v. OFFICE OF THE PRESIDENT, SENATE OF THE informations for rape. This admission is inconsistent with the defense of alibi and any discussion
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON. thereon will thus be irrelevant.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF At any rate, the courts a quo correctly rejected his alibi.
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A. Alibi is one of the weakest defenses not only because it is inherently frail and unreliable, but also
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION because it is easy to fabricate and difficult to check or rebut. It cannot prevail over the positive
AND HON. MANUEL A. ROXAS II, SECRETARY,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
identification of the accused by eyewitnesses who had no improper motive to testify falsely.154
Respondents.; G.R. NO. 206355 - MILLENNIUM SAINT
FOUNDATION, INC., ATTY. RAMON PEDROSA, ATTY. For the defense of alibi to prosper, the accused must prove not only that he was at some other place
CITA BORROMEOGARCIA, STELLA ACEDERA, ATTY. at the time of the commission of the crime, but also that it was physically impossible for him to be at
BERTENI CATALUA CAUSING, Petitioners, v. OFFICE the locus delicti or within its immediate vicinity. Physical impossibility refers not only to the
OF THE PRESIDENT, OFFICE OF THE EXECUTIVE geographical distance between the place where the accused was and the place where the crime was
SECRETARY, DEPARTMENT OF HEALTH, DEPARTMENT committed when the crime transpired, but more importantly, the facility of access between the two
OF EDUCATION, Respondents.; G.R. NO. 207111 - JOHN places.155
WALTER B. JUAT, MARY M. IMBONG, ANTHONY
VICTORIO B. LUMICAO, JOSEPH MARTIN Q. VERDEJO,
Even granting in arguendo that the accusedappellant had indeed attended a fiesta in Dangcagan,
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
ANTONIA EMMA R. ROXAS AND LOTA LATGUERRERO, Bukidnon or was hauling corn with Equia on the dates of commission of the crime, the same will not
PETITIONERS VS. HON. PAQUITO N. OCHOA, JR., easily exonerate him. The accusedappellant failed to adduce clear and convincing evidence that it
EXECUTIVE SECRETARY, HON. FLORENCIO ABAD, was physically impossible for him to be at his residence in Cagayan de Oro City at the time of the
SECRETARY, DEPARTMENT OF BUDGET AND commission of the crime. Dangcagan, Bukidnon can be traversed by about four or five hours from
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY,
Cagayan de Oro City, and even less by private vehicle which was available to the accused appellant
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO,
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE at any time.156 Thus, it was not physically impossible for him to be at the situs criminis at the dates
AND SPORTS AND HON. MANUEL A. ROXAS II, and times when the two rape incidents were committed.
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207172 - Between the accusedappellants alibi and denial, and the positive identification and credible
COUPLES FOR CHRIST FOUNDATION, INC., SPOUSES testimony of the victim, and her two daughters, the Court must give weight to the latter, especially in
JUAN CARLOS ARTADI SARMIENTO AND FRANCESCA the absence of ill motive on their part to falsely testify against the accusedappellant.
ISABELLE BESINGASARMIENTO, AND SPOUSES LUIS
FRANCIS A. RODRIGO, JR. AND DEBORAH MARIE Conclusion
VERONICA N. RODRIGO., Petitioners, v. HON. PAQUITO
N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
All told, the presumption of innocence endowed an accusedappellant was sufficiently overcome by
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
KKKs clear, straightforward, credible, and truthful declaration that on two separate occasions, he
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
succeeded in having sexual intercourse with her, without her consent and against her will. Evidence
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION, of overwhelming force and intimidation to consummate rape is extant from KKKs narration as
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II, believably corroborated by the testimonies of MMM and OOO and the physical evidence of KKKs torn
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL panties and short pants. Based thereon, the reason and conscience of the Court is morally certain
GOVERNMENT, Respondents.; G.R. NO. 207563 - that the accusedappellant is guilty of raping his wife on the nights of October 16 and 17, 1998.
ALMARIM CENTI TILLAH AND ABDULHUSSEIN M.
KASHIM, Petitioners, v. HON. PAQUITO N. OCHOA, JR., Penalties
EXECUTIVE SECRETARY, HON. ENRIQUE T. ONA,
SECRETARY OF THE DEPARTMENT OF HEALTH, AND The Court affirms the penalty of reclusion perpetua, for each count of rape, meted upon the accused
HON. ARMIN A. LUISTRO,SECRETARY OF THE appellant for being in accord with Article 266A in relation to 266B of the RPC. Further, he shall not
DEPARTMENT OF BUDGET AND MANAGEMENT,
be eligible for parole pursuant to Section 3 of R.A. No. 9346, which states that persons convicted of
Respondents.
offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua,
CONCURRING OPINION - ABAD, J. - G.R. No. 204819,
by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the
April 08, 2014 - JAMES M. IMBONG AND LOVELYANN C. Indeterminate Sentence Law, as amended.157
IMBONG, FOR THEMSELVES AND IN BEHALF OF THEIR
MINOR CHILDREN, LUCIA CARLOS IMBONG AND The Court sustains the moral damages awarded in the amount of P50,000.00. Moral damages are
BERNADETTE CARLOS IMBONG AND MAGNIFICAT CHILD granted to rape victims without need of proof other than the fact of rape under the assumption that
DEVELOPMENT CENTER, INC., Petitioners, v. HON. the victim suffered moral injuries from the experience she underwent.158
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
The award of civil indemnity is proper; it is mandatory upon the finding that rape took place.
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A. Considering that the crime committed is simple rape, there being no qualifying circumstances
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION, attendant in its commission, the appropriate amount is P50,000.00159 and not P75,000.00 as awarded
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II, by the RTC.
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 204934 - To serve as an example for public good and in order to deter a similar form of domestic violence, an
ALLIANCE FOR THE FAMILY FOUNDATION PHILIPPINES, award of P30,000.00 as exemplary damages is imperative.160
INC. [ALFI], REPRESENTED BY ITS PRESIDENT, MARIA
CONCEPCION S. NOCHE, SPOUSES REYNALDO S.
The damages awarded shall earn legal interest at the rate of six percent (6%) per annum to be
LUISTRO & ROSIE B. LUISTRO, JOSE S. SANDEJAS &
ELENITA S.A. SANDEJAS, ARTURO M. GORREZ & reckoned from the date of finality of this judgment until fully paid.161
MARIETTA C. GORREZ, SALVADOR S. MANTE, JR. &
HAZELEEN L. MANTE, ROLANDO M. BAUTISTA & MARIA A Final Note
FELISA S. BAUTISTA, DESIDERIO RACHO &
TRAQUILINA RACHO, FERNAND ANTONIO A. Rape is a crime that evokes global condemnation because it is an abhorrence to a womans value
TANSINGCO & CAROL ANNE C. TANSINGCO FOR and dignity as a human being. It respects no time, place, age, physical condition or social status. It
THEMSELVES AND ON BEHALF OF THEIR MINOR can happen anywhere and it can happen to anyone. Even, as shown in the present case, to a wife,
CHILDREN, THERESE ANTONETTE C. TANSINGCO, inside her timehonored fortress, the family home, committed against her by her husband who
LORENZO JOSE C. TANSINGCO, MIGUEL FERNANDO C.
vowed to be her refuge from cruelty. The herein pronouncement is an affirmation to wives that our
TANGSINGCO, CARLO JOSEMARIA C. TANSINGCO &
rape laws provide the atonement they seek from their sexually coercive husbands.
JUAN PAOLO C. TANSINGCO, SPOUSES MARIANO V.
ARANETA & EILEEN Z. ARANETA FOR THEMSELVES AND
ON BEHALF OF THEIR MINOR CHILDREN, RAMON Husbands are once again reminded that marriage is not a license to forcibly rape their wives. A
CARLOS Z. ARANETA & MAYA ANGELICA Z. ARANETA, husband does not own his wifes body by reason of marriage. By marrying, she does not divest
SPOUSES RENATO C. CASTOR & MILDRED C. CASTOR herself of the human right to an exclusive autonomy over her own body and thus, she can lawfully
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR opt to give or withhold her consent to marital coitus. A husband aggrieved by his wifes unremitting
CHILDREN, RENZ JEFFREY C. CASTOR, JOSEPH RAMIL C. refusal to engage in sexual intercourse cannot resort to felonious force or coercion to make her yield.
CASTOR, JOHN PAUL C. CASTOR & RAPHAEL C. CASTOR, He can seek succor before the Family Courts that can determine whether her refusal constitutes
SPOUSES ALEXANDER R. RACHO & ZARA Z. RACHO FOR psychological incapacity justifying an annulment of the marriage.
THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN MARGARITA RACHO, MIKAELA RACHO, Sexual intimacy is an integral part of marriage because it is the spiritual and biological communion
MARTIN RACHO, MARI RACHO & MANOLO RACHO,
that achieves the marital purpose of procreation. It entails mutual love and selfgiving and as such it
SPOUSES ALFRED R. RACHO & FRANCINE V. RACHO
contemplates only mutual sexual cooperation and never sexual coercion or imposition.
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN MICHAEL RACHO, MARIANA RACHO, RAFAEL
RACHO, MAXI RACHO, CHESSIE RACHO & LAURA The Court is aware that despite the noble intentions of the herein pronouncement, menacing
RACHO, SPOUSES DAVID R. RACHO & ARMILYN A. personalities may use this as a tool to harass innocent husbands. In this regard, let it be stressed
RACHO FOR THEMSELVES AND ON BEHALF OF THEIR that safeguards in the criminal justice system are in place to spot and scrutinize fabricated or false
MINOR CHILD GABRIEL RACHO, MINDY M. JUATAS AND marital rape complaints and any person who institutes untrue and malicious charges will be made
ON BEHALF OF HER MINOR CHILDREN ELIJAH GERALD answerable under the pertinent provisions of the RPC and/or other laws.
JUATAS AND ELIAN GABRIEL JUATAS, SALVACION M.
MONTEIRO, EMILY R. LAWS, JOSEPH R. LAWS & WHEREFORE, all the foregoing considered, the Decision dated July 9, 2008 of the Court of Appeals in
KATRINA R. LAWS, Petitioners, v. HON. PAQUITO N. CAG.R. CRHC No. 00353 is hereby AFFIRMED with MODIFICATIONS. Accusedappellant Edgar
OCHOA, JR., EXECUTIVE SECRETARY, HON. ENRIQUE T. Jumawan is found GUILTY beyond reasonable doubt of two (2) counts of RAPE and is sentenced to
ONA, SECRETARY, DEPARTMENT OF HEALTH, HON.
suffer the penalty of reclusion perpetua for each count, without eligibility for parole. He is further
ARMIN A. LUISTRO, SECRETARY, DEPARTMENT OF
ordered to pay the victim, KKK, the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral
EDUCATION, CULTURE AND SPORTS, HON. CORAZON
SOLIMAN, SECRETARY, DEPARTMENT OF SOCIAL
damages, and P30,000.00 as exemplary damages, for each count of rape. The award of damages
WELFARE AND DEVELOPMENT, HON. MANUEL A. ROXAS shall earn legal interest at the rate of six percent (6%) per annum from the finality of this judgment
II, SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL until fully paid.
GOVERNMENT, HON. FLORENCIO B. ABAD, SECRETARY,
DEPARTMENT OF BUDGET AND MANAGEMENT, HON. SO ORDERED.
ARSENIO M. BALISACAN, SOCIOECONOMIC PLANNING
SECRETARY AND NEDA DIRECTORGENERAL, THE Sereno, C.J., (Chairperson), LeonardoDe Castro, Bersamin, and Villarama, Jr., JJ., concur.
PHILIPPINE COMMISSION ON WOMEN, REPRESENTED
BY ITS CHAIRPERSON, REMEDIOS IGNACIORIKKEN,
THE PHILIPPINE HEALTH INSURANCE CORPORATION,
REPRESENTED BY ITS PRESIDENT EDUARDO BANZON, Endnotes:
THE LEAGUE OF PROVINCES OF THE PHILIPPINES,
REPRESENTED BY ITS PRESIDENT ALFONSO UMALI, THE
LEAGUE OF CITIES OF THE PHILIPPINES, REPRESENTED 1 26 Am Jur SS8, p. 636.
BY ITS PRESIDENT OSCAR RODRIGUEZ, AND THE
LEAGUE OF MUNICIPALITIES OF THE PHILIPPINES,
2Pursuant to People v. Mateo, G.R. Nos. 14767887, July 7, 2004, 433 SCRA 640, 653
REPRESENTED BY ITS PRESIDENT DONATO MARCOS,
Respondents.; G.R. NO. 204957 - TASK FORCE FOR 658.
FAMILY AND LIFE VISAYAS, INC. AND VALERIANO S.
AVILA, Petitioners, v. HON. PAQUITO N. OCHOA, JR., 3 Penned by Associate Justice Jane Aurora C. Lantion, with Associate Justices Edgardo
EXECUTIVE SECRETARY; HON. FLORENCIO B. ABAD, A. Camello and Rodrigo F. Lim, Jr., concurring; rollo, pp. 530.
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY, 4
DEPARTMENT OF EDUCATION; AND HON. MANUEL A.
Issued by Judge Anthony E. Santos; records, pp. 760769.
ROXAS II, SECRETARY, DEPARTMENT OF INTERIOR
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AND LOCAL GOVERNMENT, Respondents.; G.R. NO. 5 The real name of the victim, her personal circumstances and other information which
204988 - SERVE LIFE CAGAYAN DE ORO CITY, INC., tend to establish or compromise her identity, as well as those of their immediate family
REPRESENTED BY DR. NESTOR B. LUMICAO, M.D., AS
or household members, shall not be disclosed to protect her privacy and fictitious
PRESIDENT AND IN HIS PERSONAL CAPACITY,
initials shall, instead, be used, in accordance with People v. Cabalquinto (533 Phil. 703
ROSEVALE FOUNDATION INC., REPRESENTED BY DR.
RODRIGO M. ALENTON, M.D., AS MEMBER OF THE
[2006]), and A.M. No. 041109SC dated September 19, 2006.
SCHOOL BOARD AND IN HIS PERSONAL CAPACITY,
6 Pretrial Order dated November 16, 1999, records, pp. 7174.
ROSEMARIE R. ALENTON, IMELDA G. IBARRA, CPA,
LOVENIA P. NACES, PHD., ANTHONY G. NAGAC, EARL
ANTHONY C. GAMBE AND MARLON I. YAP, Petitioners, v. 7 Id. at 2324.
OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON. 8
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
Id. at 35.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
9 Id. at 2.
BUDGET AND MANAGEMENT; HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH; HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION 10 Id. at 13.
AND HON. MANUEL A. ROXAS II, SECRETARY,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT, 11
Respondents.; G.R. NO. 205003 - EXPEDITO A. Id. at 27.
BUGARIN, JR., Petitioner, v. OFFICE OF THE PRESIDENT
12 Id. at 4448.
OF THE REPUBLIC OF THE PHILIPPINES, HON. SENATE
PRESIDENT, HON. SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND HON. SOLICITOR GENERAL, 13 Id. at 50.
Respondents.; G.R. NO. 205043 - EDUARDO B.
OLAGUER AND THE CATHOLIC XYBRSPACE APOSTOLATE 14
OF THE PHILIPPINES, Petitioners, v. DOH SECRETARY Id. at 49.
ENRIQUE T. ONA, FDA DIRECTOR SUZETTE H. LAZO,
15 Id. at 8485.
DBM SECRETARY FLORENCIO B. ABAD, DILG
SECRETARY MANUEL A. ROXAS II, DECS SECRETARY
ARMIN A. LUISTRO, Respondents.; G.R. NO. 205138 - 16 Exhibit 7.
PHILIPPINE ALLIANCE OF XSEMINARIANS, INC. (PAX),
HEREIN REPRESENTED BY ITS NATIONAL PRESIDENT, 17
ATTY. RICARDO M. RIBO, AND IN HIS OWN BEHALF,
Records, p. 89.
ATTY. LINO E.A. DUMAS, ROMEO B. ALMONTE,
18 Id. at 86.
OSMUNDO C. ORLANES, ARSENIO Z. MENOR, SAMUEL J.
YAP, JAIME F. MATEO, ROLLY SIGUAN, DANTE E.
MAGDANGAL, MICHAEL EUGENIO O. PLANA, 19 Id. at 87.
BIENVENIDO C. MIGUEL, JR., LANDRITO M. DIOKNO
AND BALDOMERO FALCONE, Petitioners, v. HON. 20
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
TSN, May 24, 2000, pp. 9395.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
21 Id. at 9899.
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION, 22 Id. at 101; TSN, July 3, 2000, p. 5.
HON. MANUEL A. ROXAS II, SECRETARY, DEPARTMENT
OF INTERIOR AND LOCAL GOVERNMENT, HON. 23
CORAZON J. SOLIMAN, SECRETARY, DEPARTMENT OF
TSN, February 10, 2000, pp. 2627.
SOCIAL WELFARE AND DEVELOPMENT, HON. ARSENIO
24 TSN, August 2, 2000, p. 21.
BALISACAN, DIRECTORGENERAL, NATIONAL
ECONOMIC AND DEVELOPMENT AUTHORITY, HON.
SUZETTE H. LAZO, DIRECTORGENERAL, FOOD AND 25 TSN, May 24, 2000, p. 99.
DRUGS ADMINISTRATION, THE BOARD OF DIRECTORS,
PHILIPPINE HEALTH INSURANCE CORPORATION, AND 26
THE BOARD OF COMMISSIONERS, PHILIPPINE
Id.
COMMISSION ON WOMEN, Respondents.; G.R. NO.
27 Id. at 100; TSN, August 2, 2000, p. 2122.
205478 - REYNALDO J. ECHAVEZ, M.D., JACQUELINE H.
KING, M.D., CYNTHIA T. DOMINGO, M.D., AND
JOSEPHINE MILLADOLUMITAO, M.D., COLLECTIVELY 28 TSN, February 4, 2000, p. 30.
KNOWN AS DOCTORS FOR LIFE, AND ANTHONY PEREZ,
MICHAEL ANTHONY G. MAPA, CARLOS ANTONIO PALAD, 29
WILFREDO JOSE, CLAIRE NAVARRO, ANNA COSIO, AND
TSN, August 2, 2000, p. 23.
GABRIEL DY LIACCO COLLECTIVELY KNOWN AS
30 TSN, May 24, 2000, pp. 9597.
FILIPINOS FOR LIFE, Petitioners, v. HON. PAQUITO N.
OCHOA, JR., EXECUTIVE SECRETARY; HON. FLORENCIO
B. ABAD, SECRETARY OF THE DEPARTMENT OF BUDGET 31TSN, July 3, 2000, p. 17; TSN, July 13, 2000, p. 14; KKKs Complaint Affidavit dated
AND MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY February 19, 1999, records, pp. 1011.
OF THE DEPARTMENT OF HEALTH; HON. ARMIN A.
LUISTRO, SECRETARY OF THE DEPARTMENT OF 32
EDUCATION; AND HON. MANUEL A. ROXAS II, TSN, July 3, 2000, pp. 67.
SECRETARY OF THE DEPARTMENT OF INTERIOR AND
LOCAL GOVERNMENT, Respondents.; G.R. NO. 205491 - 33 TSN, February 4, 2000, p. 37.
SPOUSES FRANCISCO S. TATAD AND MARIA FENNY C.
TATAD & ALA F. PAGUIA, FOR THEMSELVES, THEIR 34TSN, February 3, 2000, pp. 89; TSN, February 4, 2000, pp. 4547; TSN, August 2,
POSTERITY, AND THE REST OF FILIPINO POSTERITY,
2000, pp. 56.
Petitioners, v. OFFICE OF THE PRESIDENT OF THE
REPUBLIC OF THE PHILIPPINES, Respondent.; [G.R. NO.
35 TSN, February 3, 2000, pp. 910; TSN, May 24, 2000, pp. 7475.
205720] PROLIFE PHILIPPINES FOUNDATION, INC.,
REPRESENTED BY LORNA MELEGRITO, AS EXECUTIVE
DIRECTOR, AND IN HER PERSONAL CAPACITY, JOSELYN 36 TSN, May 24, 2000, pp. 7576.
B. BASILIO, ROBERT Z. CORTES, ARIEL A.
CRISOSTOMO, JEREMY I. GATDULA, CRISTINA A. 37 Id. at 7677.
MONTES, RAUL ANTONIO A. NIDOY, WINSTON CONRAD
B. PADOJINOG, RUFINO L. POLICARPIO III, Petitioners,
38 Id. at 7778.
v. OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON. 39 Id. at 7879; Exhibit A.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA, 40 TSN, July 13, 2000, p. 11.
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
41 Id.
AND HON. MANUEL A. ROXAS II, SECRETARY,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
Respondents.; G.R. NO. 206355 - MILLENNIUM SAINT 42 TSN, May 24, 2000, pp. 7981.
FOUNDATION, INC., ATTY. RAMON PEDROSA, ATTY.
CITA BORROMEOGARCIA, STELLA ACEDERA, ATTY. 43 TSN, February 4, 2000, pp. 4647.
BERTENI CATALUA CAUSING, Petitioners, v. OFFICE
OF THE PRESIDENT, OFFICE OF THE EXECUTIVE
44 Id. at 4950.
SECRETARY, DEPARTMENT OF HEALTH, DEPARTMENT
OF EDUCATION, Respondents.; G.R. NO. 207111 - JOHN
WALTER B. JUAT, MARY M. IMBONG, ANTHONY 45 TSN, August 2, 2000, p. 8.
VICTORIO B. LUMICAO, JOSEPH MARTIN Q. VERDEJO,
ANTONIA EMMA R. ROXAS AND LOTA LATGUERRERO, 46 TSN, February 3, 2000, p. 11
PETITIONERS VS. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. FLORENCIO ABAD,
47 Id. at 12; TSN, May 24, 2000, pp. 8182.
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY,
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO, 48 TSN, February 3, 2000, pp. 1113; TSN, August 2, 2000, p. 8.
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE
AND SPORTS AND HON. MANUEL A. ROXAS II, 49 TSN, February 3, 2000, Id.
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
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GOVERNMENT, Respondents.; G.R. NO. 207172 - 50 Id. at 14; TSN, May 24, 2000, pp. 8283.
COUPLES FOR CHRIST FOUNDATION, INC., SPOUSES
JUAN CARLOS ARTADI SARMIENTO AND FRANCESCA 51
ISABELLE BESINGASARMIENTO, AND SPOUSES LUIS
TSN, February 4, 2000, pp. 5659.
FRANCIS A. RODRIGO, JR. AND DEBORAH MARIE
52 TSN, February 3, 2000, pp. 1415.
VERONICA N. RODRIGO., Petitioners, v. HON. PAQUITO
N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF 53 Id. at 16; TSN, May 24, 2000, p. 83; TSN, August 2, 2000, pp. 910.
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A. 54
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
TSN, February 3, 2000, pp. 1719; TSN, May 24, 2000, pp. 8486; TSN, August 2,
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II, 2000, pp. 1113.
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207563 - 55 TSN, February 10, 2000, pp. 4041.
ALMARIM CENTI TILLAH AND ABDULHUSSEIN M.
KASHIM, Petitioners, v. HON. PAQUITO N. OCHOA, JR., 56 Id. at 4445.
EXECUTIVE SECRETARY, HON. ENRIQUE T. ONA,
SECRETARY OF THE DEPARTMENT OF HEALTH, AND 57
HON. ARMIN A. LUISTRO,SECRETARY OF THE Exhibit B.
DEPARTMENT OF BUDGET AND MANAGEMENT,
Respondents. 58TSN, February 3, 2000, pp. 1920; TSN, May 24, 2000, pp. 8687; TSN, August 2,
2000, pp. 1314.
CONCURRING AND DISSENTING - DEL CASTILLO, J. -
G.R. No. 204819, April 08, 2014 - JAMES M. IMBONG 59TSN, February 3, 2000, pp. 2122; TSN, May 24, 2000, pp. 8788; TSN, August 2,
AND LOVELYANN C. IMBONG, FOR THEMSELVES AND
2000, pp. 1416.
IN BEHALF OF THEIR MINOR CHILDREN, LUCIA CARLOS
IMBONG AND BERNADETTE CARLOS IMBONG AND
60 TSN, May 24, 2000, pp. 8889.
MAGNIFICAT CHILD DEVELOPMENT CENTER, INC.,
Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. FLORENCIO B. ABAD, 61 Id. at 8990.
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY, 62 Id. at 90; TSN, February 3, 2000, pp. 2324; TSN, August 2, 2000, pp. 16, 1819.
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO,
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE
63 TSN, October 24, 2000, pp. 47.
AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 204934 - 64 Id. at 17.
ALLIANCE FOR THE FAMILY FOUNDATION PHILIPPINES,
INC. [ALFI], REPRESENTED BY ITS PRESIDENT, MARIA 65 TSN, April 30, 2001, pp. 68.
CONCEPCION S. NOCHE, SPOUSES REYNALDO S.
LUISTRO & ROSIE B. LUISTRO, JOSE S. SANDEJAS &
66 TSN, October 24, 2000, pp. 7, 1011; Exhibit 1.
ELENITA S.A. SANDEJAS, ARTURO M. GORREZ &
MARIETTA C. GORREZ, SALVADOR S. MANTE, JR. &
HAZELEEN L. MANTE, ROLANDO M. BAUTISTA & MARIA 67 Id. at 7.
FELISA S. BAUTISTA, DESIDERIO RACHO &
TRAQUILINA RACHO, FERNAND ANTONIO A. 68 Id. at 1213.
TANSINGCO & CAROL ANNE C. TANSINGCO FOR
THEMSELVES AND ON BEHALF OF THEIR MINOR
69 Also referred to as Bebie in the other parts of the records.
CHILDREN, THERESE ANTONETTE C. TANSINGCO,
LORENZO JOSE C. TANSINGCO, MIGUEL FERNANDO C.
TANGSINGCO, CARLO JOSEMARIA C. TANSINGCO & 70 Id. at 14; Exhibit 3.
JUAN PAOLO C. TANSINGCO, SPOUSES MARIANO V.
ARANETA & EILEEN Z. ARANETA FOR THEMSELVES AND 71 TSN, February 2, 2001, pp. 1415.
ON BEHALF OF THEIR MINOR CHILDREN, RAMON
CARLOS Z. ARANETA & MAYA ANGELICA Z. ARANETA,
72 Id. at 1617.
SPOUSES RENATO C. CASTOR & MILDRED C. CASTOR
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN, RENZ JEFFREY C. CASTOR, JOSEPH RAMIL C. 73 TSN, October 24, 2000, pp. 1921; TSN, March 12, 2001, p. 155.
CASTOR, JOHN PAUL C. CASTOR & RAPHAEL C. CASTOR,
SPOUSES ALEXANDER R. RACHO & ZARA Z. RACHO FOR 74 TSN, October 24, 2000, p. 18.
THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN MARGARITA RACHO, MIKAELA RACHO,
75 Id. at 1819; Exhibit 2.
MARTIN RACHO, MARI RACHO & MANOLO RACHO,
SPOUSES ALFRED R. RACHO & FRANCINE V. RACHO
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR 76 Records, pp. 760769.
CHILDREN MICHAEL RACHO, MARIANA RACHO, RAFAEL
RACHO, MAXI RACHO, CHESSIE RACHO & LAURA 77 Id. at 769.
RACHO, SPOUSES DAVID R. RACHO & ARMILYN A.
RACHO FOR THEMSELVES AND ON BEHALF OF THEIR
78Rollo, pp. 530.
MINOR CHILD GABRIEL RACHO, MINDY M. JUATAS AND
ON BEHALF OF HER MINOR CHILDREN ELIJAH GERALD
JUATAS AND ELIAN GABRIEL JUATAS, SALVACION M. 79 Id. at 29.
MONTEIRO, EMILY R. LAWS, JOSEPH R. LAWS &
KATRINA R. LAWS, Petitioners, v. HON. PAQUITO N. 80 Id. at 3536; The contents of the Resolution was reiterated in another Resolution
OCHOA, JR., EXECUTIVE SECRETARY, HON. ENRIQUE T.
ONA, SECRETARY, DEPARTMENT OF HEALTH, HON.
dated November 15, 2010, id. at 4748.
ARMIN A. LUISTRO, SECRETARY, DEPARTMENT OF
81 Id. at 3738.
EDUCATION, CULTURE AND SPORTS, HON. CORAZON
SOLIMAN, SECRETARY, DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT, HON. MANUEL A. ROXAS 82 Id. at 7893.
II, SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, HON. FLORENCIO B. ABAD, SECRETARY, 83
DEPARTMENT OF BUDGET AND MANAGEMENT, HON.
Cassandra M. DeLaMothe, Liberta Revisited: A Call to Repeal the Marital Exemption
ARSENIO M. BALISACAN, SOCIOECONOMIC PLANNING for All Sex Offenses in New Yorks Penal Law, 23 Fordham Urban Law Journal, p. 861
SECRETARY AND NEDA DIRECTORGENERAL, THE (1995). http://ir.lawnet.fordham.edu/ulj, last accessed on March 31, 2014.
PHILIPPINE COMMISSION ON WOMEN, REPRESENTED
BY ITS CHAIRPERSON, REMEDIOS IGNACIORIKKEN, 84 Maria Pracher, The Marital Rape Exemption: A Violation of a Womans Right of
THE PHILIPPINE HEALTH INSURANCE CORPORATION, Privacy, 11 Golden Gate U. L. Rev., p. 725 (1981).
REPRESENTED BY ITS PRESIDENT EDUARDO BANZON, http://digitalcommons.law.ggu.edu/ggulrev/vol11/iss3/1, last accessed on March 31,
THE LEAGUE OF PROVINCES OF THE PHILIPPINES, 2014.
REPRESENTED BY ITS PRESIDENT ALFONSO UMALI, THE
LEAGUE OF CITIES OF THE PHILIPPINES, REPRESENTED 85
BY ITS PRESIDENT OSCAR RODRIGUEZ, AND THE Supra note 83.
LEAGUE OF MUNICIPALITIES OF THE PHILIPPINES,
REPRESENTED BY ITS PRESIDENT DONATO MARCOS, 86 Id.
Respondents.; G.R. NO. 204957 - TASK FORCE FOR
FAMILY AND LIFE VISAYAS, INC. AND VALERIANO S. 87 Id. at 860.
AVILA, Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY; HON. FLORENCIO B. ABAD, 88
SECRETARY, DEPARTMENT OF BUDGET AND Id. at 860861, citing Arthur R. Cleveland, Woman Under the English Law 71 (Fred B.
MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY, Rothman 7 Co. 1987) (1896), p. 24.
DEPARTMENT OF EDUCATION; AND HON. MANUEL A.
ROXAS II, SECRETARY, DEPARTMENT OF INTERIOR 89 Id. at 859860.
AND LOCAL GOVERNMENT, Respondents.; G.R. NO.
204988 - SERVE LIFE CAGAYAN DE ORO CITY, INC., 90 Id. at 860, citing 1 William Blackstone Commentaries *432 and Katherine M.
REPRESENTED BY DR. NESTOR B. LUMICAO, M.D., AS
Schelong, Domestic Violence and the State: Responses to and Rationales for Spousal
PRESIDENT AND IN HIS PERSONAL CAPACITY,
ROSEVALE FOUNDATION INC., REPRESENTED BY DR.
Battering, Marital Rape and Stalking, 78 MARQ. L. REV. 79, 81 (1994).
RODRIGO M. ALENTON, M.D., AS MEMBER OF THE
91 Id., citing Schelong, 86. (Other citations omitted)
SCHOOL BOARD AND IN HIS PERSONAL CAPACITY,
ROSEMARIE R. ALENTON, IMELDA G. IBARRA, CPA,
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LOVENIA P. NACES, PHD., ANTHONY G. NAGAC, EARL 92 1 Hale, History of Pleas of the Crown, pp. 628629 (1736), as cited in People v.
ANTHONY C. GAMBE AND MARLON I. YAP, Petitioners, v. Liberta, Court of Appeals of New York, 474 N.E. 2D 567 (1984).
OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON. 93
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON. Supra note 84, at 717. (Citations Omitted)
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT; HON. ENRIQUE T. ONA, 94 Julie Allison and Lawrence Wrightsman, Rape, The Misunderstood Crime, United
SECRETARY, DEPARTMENT OF HEALTH; HON. ARMIN A. States, Sage Publications, Inc., p. 87 (1993).
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
AND HON. MANUEL A. ROXAS II, SECRETARY, 95 74 Mass 489, as cited in People v. Liberta, supra note 92.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
Respondents.; G.R. NO. 205003 - EXPEDITO A.
96 See People v. Liberta, supra note 92.
BUGARIN, JR., Petitioner, v. OFFICE OF THE PRESIDENT
OF THE REPUBLIC OF THE PHILIPPINES, HON. SENATE
PRESIDENT, HON. SPEAKER OF THE HOUSE OF 97 DeLaMothe, supra note 83, at 862, citing N.Y. Penal Law SS 2010 (Consol. 1909),
REPRESENTATIVES AND HON. SOLICITOR GENERAL, viz: c h a n Ro b le s v ir t u a lL a wlib r a r y
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BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA, elimination. States should pursue by all appropriate means and without delay a policy
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A. of eliminating violence against women x x x.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II, 122Article 68. The husband and wife are obliged to live together, observe mutual
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207563 -
love, respect and fidelity, and render mutual help and support. (Emphasis ours)
ALMARIM CENTI TILLAH AND ABDULHUSSEIN M.
123See Tsoi v. CA, 334 Phil. 294, 304 (1997).
KASHIM, Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. ENRIQUE T. ONA,
SECRETARY OF THE DEPARTMENT OF HEALTH, AND 124 Id. at 304.
HON. ARMIN A. LUISTRO,SECRETARY OF THE
DEPARTMENT OF BUDGET AND MANAGEMENT, 125
Respondents.
Refusal to have sexual intercourse must be rooted on psychological incapacity
which in turn must be established by the requirements of gravity, juridical antecedence
CONCURRING AND DISSENTING OPINION - REYES, J. - and incurability; Baccay v. Baccay, G.R. No. 173138, December 1, 2010, 636 SCRA 350,
G.R. No. 204819, April 08, 2014 - JAMES M. IMBONG 368369; See also the Concurring Opinion of Associate Justice Arturo D. Brion in the
AND LOVELYANN C. IMBONG, FOR THEMSELVES AND case stating that: The failure to consummate the marriage by itself, however, does not
IN BEHALF OF THEIR MINOR CHILDREN, LUCIA CARLOS constitute as a ground to nullify the marriage. The spouses refusal to have intimate
IMBONG AND BERNADETTE CARLOS IMBONG AND sexual relations must be due to causes psychological in nature, i.e., the psychological
MAGNIFICAT CHILD DEVELOPMENT CENTER, INC., condition of the spouse renders [her] incapable of having intimate sexual relations with
Petitioners, v. HON. PAQUITO N. OCHOA, JR., the other. x x x. 636 SCRA 350, 375.
EXECUTIVE SECRETARY, HON. FLORENCIO B. ABAD,
SECRETARY, DEPARTMENT OF BUDGET AND 126
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY, 1987 CONSTITUTION, Article III, Section 1.
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO,
127 CITY OF MANILA V. HON. LAGUIO, JR., 495 Phil. 289, 326 (2005).
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE
AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL 128 Supra note 92.
GOVERNMENT, Respondents.; G.R. NO. 204934 -
ALLIANCE FOR THE FAMILY FOUNDATION PHILIPPINES, 129
INC. [ALFI], REPRESENTED BY ITS PRESIDENT, MARIA Beijing Declaration and Platform for Action, The Fourth World Conference on
CONCEPCION S. NOCHE, SPOUSES REYNALDO S. Women, September 15, 1995, paragraph 96.
LUISTRO & ROSIE B. LUISTRO, JOSE S. SANDEJAS & http://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf, last accessed on
ELENITA S.A. SANDEJAS, ARTURO M. GORREZ & April 3, 2014. According to the Philippine Commission on Women, the Philippines
MARIETTA C. GORREZ, SALVADOR S. MANTE, JR. & acceded to the commitments set forth in the Beijing Declaration and Platform for
HAZELEEN L. MANTE, ROLANDO M. BAUTISTA & MARIA Action. http://www.pcw.gov.ph/internationalcommitments, last accessed on April 3,
FELISA S. BAUTISTA, DESIDERIO RACHO & 2014.
TRAQUILINA RACHO, FERNAND ANTONIO A.
TANSINGCO & CAROL ANNE C. TANSINGCO FOR 130 R.A. No. 9710 (The Magna Carta of Women), Section 3:
THEMSELVES AND ON BEHALF OF THEIR MINOR
c h a n Ro b le s v ir t u a lL a wlib r a r y
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
AND HON. MANUEL A. ROXAS II, SECRETARY, 158 Id.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
Respondents.; G.R. NO. 205003 - EXPEDITO A. 159
BUGARIN, JR., Petitioner, v. OFFICE OF THE PRESIDENT Id.
OF THE REPUBLIC OF THE PHILIPPINES, HON. SENATE
PRESIDENT, HON. SPEAKER OF THE HOUSE OF 160 Id.
REPRESENTATIVES AND HON. SOLICITOR GENERAL,
Respondents.; G.R. NO. 205043 - EDUARDO B. 161 Id
OLAGUER AND THE CATHOLIC XYBRSPACE APOSTOLATE
OF THE PHILIPPINES, Petitioners, v. DOH SECRETARY
ENRIQUE T. ONA, FDA DIRECTOR SUZETTE H. LAZO,
DBM SECRETARY FLORENCIO B. ABAD, DILG
SECRETARY MANUEL A. ROXAS II, DECS SECRETARY Secretary VS Jose Law GR Sports Law
ARMIN A. LUISTRO, Respondents.; G.R. NO. 205138 - Sports Law GR VS Case Law Philippine
PHILIPPINE ALLIANCE OF XSEMINARIANS, INC. (PAX),
HEREIN REPRESENTED BY ITS NATIONAL PRESIDENT,
Philippine Law Office Law April The Law
ATTY. RICARDO M. RIBO, AND IN HIS OWN BEHALF,
ATTY. LINO E.A. DUMAS, ROMEO B. ALMONTE,
OSMUNDO C. ORLANES, ARSENIO Z. MENOR, SAMUEL J. Back to Home | Back to Main
YAP, JAIME F. MATEO, ROLLY SIGUAN, DANTE E.
MAGDANGAL, MICHAEL EUGENIO O. PLANA,
BIENVENIDO C. MIGUEL, JR., LANDRITO M. DIOKNO
AND BALDOMERO FALCONE, Petitioners, v. HON. QUICK SEARCH
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
1901 1902 1903 1904 1905 1906 1907 1908
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
HON. MANUEL A. ROXAS II, SECRETARY, DEPARTMENT 1909 1910 1911 1912 1913 1914 1915 1916
OF INTERIOR AND LOCAL GOVERNMENT, HON.
1917 1918 1919 1920 1921 1922 1923 1924
CORAZON J. SOLIMAN, SECRETARY, DEPARTMENT OF
SOCIAL WELFARE AND DEVELOPMENT, HON. ARSENIO 1925 1926 1927 1928 1929 1930 1931 1932
BALISACAN, DIRECTORGENERAL, NATIONAL
1933 1934 1935 1936 1937 1938 1939 1940
ECONOMIC AND DEVELOPMENT AUTHORITY, HON.
SUZETTE H. LAZO, DIRECTORGENERAL, FOOD AND 1941 1942 1943 1944 1945 1946 1947 1948
DRUGS ADMINISTRATION, THE BOARD OF DIRECTORS,
1949 1950 1951 1952 1953 1954 1955 1956
PHILIPPINE HEALTH INSURANCE CORPORATION, AND
THE BOARD OF COMMISSIONERS, PHILIPPINE 1957 1958 1959 1960 1961 1962 1963 1964
COMMISSION ON WOMEN, Respondents.; G.R. NO.
1965 1966 1967 1968 1969 1970 1971 1972
205478 - REYNALDO J. ECHAVEZ, M.D., JACQUELINE H.
KING, M.D., CYNTHIA T. DOMINGO, M.D., AND 1973 1974 1975 1976 1977 1978 1979 1980
JOSEPHINE MILLADOLUMITAO, M.D., COLLECTIVELY 1981 1982 1983 1984 1985 1986 1987 1988
KNOWN AS DOCTORS FOR LIFE, AND ANTHONY PEREZ,
MICHAEL ANTHONY G. MAPA, CARLOS ANTONIO PALAD, 1989 1990 1991 1992 1993 1994 1995 1996
WILFREDO JOSE, CLAIRE NAVARRO, ANNA COSIO, AND
1997 1998 1999 2000 2001 2002 2003 2004
GABRIEL DY LIACCO COLLECTIVELY KNOWN AS
FILIPINOS FOR LIFE, Petitioners, v. HON. PAQUITO N. 2005 2006 2007 2008 2009 2010 2011 2012
OCHOA, JR., EXECUTIVE SECRETARY; HON. FLORENCIO
2013 2014
B. ABAD, SECRETARY OF THE DEPARTMENT OF BUDGET
AND MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY
OF THE DEPARTMENT OF HEALTH; HON. ARMIN A.
LUISTRO, SECRETARY OF THE DEPARTMENT OF
EDUCATION; AND HON. MANUEL A. ROXAS II,
SECRETARY OF THE DEPARTMENT OF INTERIOR AND
LOCAL GOVERNMENT, Respondents.; G.R. NO. 205491 - Main Indices of the Library ---> Go!
SPOUSES FRANCISCO S. TATAD AND MARIA FENNY C.
TATAD & ALA F. PAGUIA, FOR THEMSELVES, THEIR
POSTERITY, AND THE REST OF FILIPINO POSTERITY,
Petitioners, v. OFFICE OF THE PRESIDENT OF THE
REPUBLIC OF THE PHILIPPINES, Respondent.; [G.R. NO.
205720] PROLIFE PHILIPPINES FOUNDATION, INC.,
REPRESENTED BY LORNA MELEGRITO, AS EXECUTIVE
DIRECTOR, AND IN HER PERSONAL CAPACITY, JOSELYN
B. BASILIO, ROBERT Z. CORTES, ARIEL A.
CRISOSTOMO, JEREMY I. GATDULA, CRISTINA A.
MONTES, RAUL ANTONIO A. NIDOY, WINSTON CONRAD
B. PADOJINOG, RUFINO L. POLICARPIO III, Petitioners,
v. OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
AND HON. MANUEL A. ROXAS II, SECRETARY,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
Respondents.; G.R. NO. 206355 - MILLENNIUM SAINT
FOUNDATION, INC., ATTY. RAMON PEDROSA, ATTY.
CITA BORROMEOGARCIA, STELLA ACEDERA, ATTY.
BERTENI CATALUA CAUSING, Petitioners, v. OFFICE
OF THE PRESIDENT, OFFICE OF THE EXECUTIVE
SECRETARY, DEPARTMENT OF HEALTH, DEPARTMENT
OF EDUCATION, Respondents.; G.R. NO. 207111 - JOHN
WALTER B. JUAT, MARY M. IMBONG, ANTHONY
VICTORIO B. LUMICAO, JOSEPH MARTIN Q. VERDEJO,
ANTONIA EMMA R. ROXAS AND LOTA LATGUERRERO,
PETITIONERS VS. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. FLORENCIO ABAD,
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY,
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO,
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE
AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207172 -
COUPLES FOR CHRIST FOUNDATION, INC., SPOUSES
JUAN CARLOS ARTADI SARMIENTO AND FRANCESCA
ISABELLE BESINGASARMIENTO, AND SPOUSES LUIS
FRANCIS A. RODRIGO, JR. AND DEBORAH MARIE
VERONICA N. RODRIGO., Petitioners, v. HON. PAQUITO
N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207563 -
ALMARIM CENTI TILLAH AND ABDULHUSSEIN M.
KASHIM, Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
EXECUTIVE SECRETARY, HON. ENRIQUE T. ONA,
SECRETARY OF THE DEPARTMENT OF HEALTH, AND
HON. ARMIN A. LUISTRO,SECRETARY OF THE
DEPARTMENT OF BUDGET AND MANAGEMENT,
Respondents.
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
Respondents.; G.R. NO. 205043 - EDUARDO B.
OLAGUER AND THE CATHOLIC XYBRSPACE APOSTOLATE
OF THE PHILIPPINES, Petitioners, v. DOH SECRETARY
ENRIQUE T. ONA, FDA DIRECTOR SUZETTE H. LAZO,
DBM SECRETARY FLORENCIO B. ABAD, DILG
SECRETARY MANUEL A. ROXAS II, DECS SECRETARY
ARMIN A. LUISTRO, Respondents.; G.R. NO. 205138 -
PHILIPPINE ALLIANCE OF XSEMINARIANS, INC. (PAX),
HEREIN REPRESENTED BY ITS NATIONAL PRESIDENT,
ATTY. RICARDO M. RIBO, AND IN HIS OWN BEHALF,
ATTY. LINO E.A. DUMAS, ROMEO B. ALMONTE,
OSMUNDO C. ORLANES, ARSENIO Z. MENOR, SAMUEL J.
YAP, JAIME F. MATEO, ROLLY SIGUAN, DANTE E.
MAGDANGAL, MICHAEL EUGENIO O. PLANA,
BIENVENIDO C. MIGUEL, JR., LANDRITO M. DIOKNO
AND BALDOMERO FALCONE, Petitioners, v. HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
HON. MANUEL A. ROXAS II, SECRETARY, DEPARTMENT
OF INTERIOR AND LOCAL GOVERNMENT, HON.
CORAZON J. SOLIMAN, SECRETARY, DEPARTMENT OF
SOCIAL WELFARE AND DEVELOPMENT, HON. ARSENIO
BALISACAN, DIRECTORGENERAL, NATIONAL
ECONOMIC AND DEVELOPMENT AUTHORITY, HON.
SUZETTE H. LAZO, DIRECTORGENERAL, FOOD AND
DRUGS ADMINISTRATION, THE BOARD OF DIRECTORS,
PHILIPPINE HEALTH INSURANCE CORPORATION, AND
THE BOARD OF COMMISSIONERS, PHILIPPINE
COMMISSION ON WOMEN, Respondents.; G.R. NO.
205478 - REYNALDO J. ECHAVEZ, M.D., JACQUELINE H.
KING, M.D., CYNTHIA T. DOMINGO, M.D., AND
JOSEPHINE MILLADOLUMITAO, M.D., COLLECTIVELY
KNOWN AS DOCTORS FOR LIFE, AND ANTHONY PEREZ,
MICHAEL ANTHONY G. MAPA, CARLOS ANTONIO PALAD,
WILFREDO JOSE, CLAIRE NAVARRO, ANNA COSIO, AND
GABRIEL DY LIACCO COLLECTIVELY KNOWN AS
FILIPINOS FOR LIFE, Petitioners, v. HON. PAQUITO N.
OCHOA, JR., EXECUTIVE SECRETARY; HON. FLORENCIO
B. ABAD, SECRETARY OF THE DEPARTMENT OF BUDGET
AND MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY
OF THE DEPARTMENT OF HEALTH; HON. ARMIN A.
LUISTRO, SECRETARY OF THE DEPARTMENT OF
EDUCATION; AND HON. MANUEL A. ROXAS II,
SECRETARY OF THE DEPARTMENT OF INTERIOR AND
LOCAL GOVERNMENT, Respondents.; G.R. NO. 205491 -
SPOUSES FRANCISCO S. TATAD AND MARIA FENNY C.
TATAD & ALA F. PAGUIA, FOR THEMSELVES, THEIR
POSTERITY, AND THE REST OF FILIPINO POSTERITY,
Petitioners, v. OFFICE OF THE PRESIDENT OF THE
REPUBLIC OF THE PHILIPPINES, Respondent.; [G.R. NO.
205720] PROLIFE PHILIPPINES FOUNDATION, INC.,
REPRESENTED BY LORNA MELEGRITO, AS EXECUTIVE
DIRECTOR, AND IN HER PERSONAL CAPACITY, JOSELYN
B. BASILIO, ROBERT Z. CORTES, ARIEL A.
CRISOSTOMO, JEREMY I. GATDULA, CRISTINA A.
MONTES, RAUL ANTONIO A. NIDOY, WINSTON CONRAD
B. PADOJINOG, RUFINO L. POLICARPIO III, Petitioners,
v. OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
AND HON. MANUEL A. ROXAS II, SECRETARY,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
Respondents.; G.R. NO. 206355 - MILLENNIUM SAINT
FOUNDATION, INC., ATTY. RAMON PEDROSA, ATTY.
CITA BORROMEOGARCIA, STELLA ACEDERA, ATTY.
BERTENI CATALUA CAUSING, Petitioners, v. OFFICE
OF THE PRESIDENT, OFFICE OF THE EXECUTIVE
SECRETARY, DEPARTMENT OF HEALTH, DEPARTMENT
OF EDUCATION, Respondents.; G.R. NO. 207111 - JOHN
WALTER B. JUAT, MARY M. IMBONG, ANTHONY
VICTORIO B. LUMICAO, JOSEPH MARTIN Q. VERDEJO,
ANTONIA EMMA R. ROXAS AND LOTA LATGUERRERO,
PETITIONERS VS. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. FLORENCIO ABAD,
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY,
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO,
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE
AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207172 -
COUPLES FOR CHRIST FOUNDATION, INC., SPOUSES
JUAN CARLOS ARTADI SARMIENTO AND FRANCESCA
ISABELLE BESINGASARMIENTO, AND SPOUSES LUIS
FRANCIS A. RODRIGO, JR. AND DEBORAH MARIE
VERONICA N. RODRIGO., Petitioners, v. HON. PAQUITO
N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207563 -
ALMARIM CENTI TILLAH AND ABDULHUSSEIN M.
KASHIM, Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. ENRIQUE T. ONA,
SECRETARY OF THE DEPARTMENT OF HEALTH, AND
HON. ARMIN A. LUISTRO,SECRETARY OF THE
DEPARTMENT OF BUDGET AND MANAGEMENT,
Respondents.
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
M. IMBONG AND LOVELYANN C. IMBONG, FOR
THEMSELVES AND IN BEHALF OF THEIR MINOR
CHILDREN, LUCIA CARLOS IMBONG AND BERNADETTE
CARLOS IMBONG AND MAGNIFICAT CHILD
DEVELOPMENT CENTER, INC., Petitioners, v. HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 204934 -
ALLIANCE FOR THE FAMILY FOUNDATION PHILIPPINES,
INC. [ALFI], REPRESENTED BY ITS PRESIDENT, MARIA
CONCEPCION S. NOCHE, SPOUSES REYNALDO S.
LUISTRO & ROSIE B. LUISTRO, JOSE S. SANDEJAS &
ELENITA S.A. SANDEJAS, ARTURO M. GORREZ &
MARIETTA C. GORREZ, SALVADOR S. MANTE, JR. &
HAZELEEN L. MANTE, ROLANDO M. BAUTISTA & MARIA
FELISA S. BAUTISTA, DESIDERIO RACHO &
TRAQUILINA RACHO, FERNAND ANTONIO A.
TANSINGCO & CAROL ANNE C. TANSINGCO FOR
THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN, THERESE ANTONETTE C. TANSINGCO,
LORENZO JOSE C. TANSINGCO, MIGUEL FERNANDO C.
TANGSINGCO, CARLO JOSEMARIA C. TANSINGCO &
JUAN PAOLO C. TANSINGCO, SPOUSES MARIANO V.
ARANETA & EILEEN Z. ARANETA FOR THEMSELVES AND
ON BEHALF OF THEIR MINOR CHILDREN, RAMON
CARLOS Z. ARANETA & MAYA ANGELICA Z. ARANETA,
SPOUSES RENATO C. CASTOR & MILDRED C. CASTOR
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN, RENZ JEFFREY C. CASTOR, JOSEPH RAMIL C.
CASTOR, JOHN PAUL C. CASTOR & RAPHAEL C. CASTOR,
SPOUSES ALEXANDER R. RACHO & ZARA Z. RACHO FOR
THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN MARGARITA RACHO, MIKAELA RACHO,
MARTIN RACHO, MARI RACHO & MANOLO RACHO,
SPOUSES ALFRED R. RACHO & FRANCINE V. RACHO
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN MICHAEL RACHO, MARIANA RACHO, RAFAEL
RACHO, MAXI RACHO, CHESSIE RACHO & LAURA
RACHO, SPOUSES DAVID R. RACHO & ARMILYN A.
RACHO FOR THEMSELVES AND ON BEHALF OF THEIR
MINOR CHILD GABRIEL RACHO, MINDY M. JUATAS AND
ON BEHALF OF HER MINOR CHILDREN ELIJAH GERALD
JUATAS AND ELIAN GABRIEL JUATAS, SALVACION M.
MONTEIRO, EMILY R. LAWS, JOSEPH R. LAWS &
KATRINA R. LAWS, Petitioners, v. HON. PAQUITO N.
OCHOA, JR., EXECUTIVE SECRETARY, HON. ENRIQUE T.
ONA, SECRETARY, DEPARTMENT OF HEALTH, HON.
ARMIN A. LUISTRO, SECRETARY, DEPARTMENT OF
EDUCATION, CULTURE AND SPORTS, HON. CORAZON
SOLIMAN, SECRETARY, DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT, HON. MANUEL A. ROXAS
II, SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, HON. FLORENCIO B. ABAD, SECRETARY,
DEPARTMENT OF BUDGET AND MANAGEMENT, HON.
ARSENIO M. BALISACAN, SOCIOECONOMIC PLANNING
SECRETARY AND NEDA DIRECTORGENERAL, THE
PHILIPPINE COMMISSION ON WOMEN, REPRESENTED
BY ITS CHAIRPERSON, REMEDIOS IGNACIORIKKEN,
THE PHILIPPINE HEALTH INSURANCE CORPORATION,
REPRESENTED BY ITS PRESIDENT EDUARDO BANZON,
THE LEAGUE OF PROVINCES OF THE PHILIPPINES,
REPRESENTED BY ITS PRESIDENT ALFONSO UMALI, THE
LEAGUE OF CITIES OF THE PHILIPPINES, REPRESENTED
BY ITS PRESIDENT OSCAR RODRIGUEZ, AND THE
LEAGUE OF MUNICIPALITIES OF THE PHILIPPINES,
REPRESENTED BY ITS PRESIDENT DONATO MARCOS,
Respondents.; G.R. NO. 204957 - TASK FORCE FOR
FAMILY AND LIFE VISAYAS, INC. AND VALERIANO S.
AVILA, Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY; HON. FLORENCIO B. ABAD,
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY,
DEPARTMENT OF EDUCATION; AND HON. MANUEL A.
ROXAS II, SECRETARY, DEPARTMENT OF INTERIOR
AND LOCAL GOVERNMENT, Respondents.; G.R. NO.
204988 - SERVE LIFE CAGAYAN DE ORO CITY, INC.,
REPRESENTED BY DR. NESTOR B. LUMICAO, M.D., AS
PRESIDENT AND IN HIS PERSONAL CAPACITY,
ROSEVALE FOUNDATION INC., REPRESENTED BY DR.
RODRIGO M. ALENTON, M.D., AS MEMBER OF THE
SCHOOL BOARD AND IN HIS PERSONAL CAPACITY,
ROSEMARIE R. ALENTON, IMELDA G. IBARRA, CPA,
LOVENIA P. NACES, PHD., ANTHONY G. NAGAC, EARL
ANTHONY C. GAMBE AND MARLON I. YAP, Petitioners, v.
OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT; HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH; HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
AND HON. MANUEL A. ROXAS II, SECRETARY,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
Respondents.; G.R. NO. 205003 - EXPEDITO A.
BUGARIN, JR., Petitioner, v. OFFICE OF THE PRESIDENT
OF THE REPUBLIC OF THE PHILIPPINES, HON. SENATE
PRESIDENT, HON. SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND HON. SOLICITOR GENERAL,
Respondents.; G.R. NO. 205043 - EDUARDO B.
OLAGUER AND THE CATHOLIC XYBRSPACE APOSTOLATE
OF THE PHILIPPINES, Petitioners, v. DOH SECRETARY
ENRIQUE T. ONA, FDA DIRECTOR SUZETTE H. LAZO,
DBM SECRETARY FLORENCIO B. ABAD, DILG
SECRETARY MANUEL A. ROXAS II, DECS SECRETARY
ARMIN A. LUISTRO, Respondents.; G.R. NO. 205138 -
PHILIPPINE ALLIANCE OF XSEMINARIANS, INC. (PAX),
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
HEREIN REPRESENTED BY ITS NATIONAL PRESIDENT,
ATTY. RICARDO M. RIBO, AND IN HIS OWN BEHALF,
ATTY. LINO E.A. DUMAS, ROMEO B. ALMONTE,
OSMUNDO C. ORLANES, ARSENIO Z. MENOR, SAMUEL J.
YAP, JAIME F. MATEO, ROLLY SIGUAN, DANTE E.
MAGDANGAL, MICHAEL EUGENIO O. PLANA,
BIENVENIDO C. MIGUEL, JR., LANDRITO M. DIOKNO
AND BALDOMERO FALCONE, Petitioners, v. HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
HON. MANUEL A. ROXAS II, SECRETARY, DEPARTMENT
OF INTERIOR AND LOCAL GOVERNMENT, HON.
CORAZON J. SOLIMAN, SECRETARY, DEPARTMENT OF
SOCIAL WELFARE AND DEVELOPMENT, HON. ARSENIO
BALISACAN, DIRECTORGENERAL, NATIONAL
ECONOMIC AND DEVELOPMENT AUTHORITY, HON.
SUZETTE H. LAZO, DIRECTORGENERAL, FOOD AND
DRUGS ADMINISTRATION, THE BOARD OF DIRECTORS,
PHILIPPINE HEALTH INSURANCE CORPORATION, AND
THE BOARD OF COMMISSIONERS, PHILIPPINE
COMMISSION ON WOMEN, Respondents.; G.R. NO.
205478 - REYNALDO J. ECHAVEZ, M.D., JACQUELINE H.
KING, M.D., CYNTHIA T. DOMINGO, M.D., AND
JOSEPHINE MILLADOLUMITAO, M.D., COLLECTIVELY
KNOWN AS DOCTORS FOR LIFE, AND ANTHONY PEREZ,
MICHAEL ANTHONY G. MAPA, CARLOS ANTONIO PALAD,
WILFREDO JOSE, CLAIRE NAVARRO, ANNA COSIO, AND
GABRIEL DY LIACCO COLLECTIVELY KNOWN AS
FILIPINOS FOR LIFE, Petitioners, v. HON. PAQUITO N.
OCHOA, JR., EXECUTIVE SECRETARY; HON. FLORENCIO
B. ABAD, SECRETARY OF THE DEPARTMENT OF BUDGET
AND MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY
OF THE DEPARTMENT OF HEALTH; HON. ARMIN A.
LUISTRO, SECRETARY OF THE DEPARTMENT OF
EDUCATION; AND HON. MANUEL A. ROXAS II,
SECRETARY OF THE DEPARTMENT OF INTERIOR AND
LOCAL GOVERNMENT, Respondents.; G.R. NO. 205491 -
SPOUSES FRANCISCO S. TATAD AND MARIA FENNY C.
TATAD & ALA F. PAGUIA, FOR THEMSELVES, THEIR
POSTERITY, AND THE REST OF FILIPINO POSTERITY,
Petitioners, v. OFFICE OF THE PRESIDENT OF THE
REPUBLIC OF THE PHILIPPINES, Respondent.; [G.R. NO.
205720] PROLIFE PHILIPPINES FOUNDATION, INC.,
REPRESENTED BY LORNA MELEGRITO, AS EXECUTIVE
DIRECTOR, AND IN HER PERSONAL CAPACITY, JOSELYN
B. BASILIO, ROBERT Z. CORTES, ARIEL A.
CRISOSTOMO, JEREMY I. GATDULA, CRISTINA A.
MONTES, RAUL ANTONIO A. NIDOY, WINSTON CONRAD
B. PADOJINOG, RUFINO L. POLICARPIO III, Petitioners,
v. OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
AND HON. MANUEL A. ROXAS II, SECRETARY,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
Respondents.; G.R. NO. 206355 - MILLENNIUM SAINT
FOUNDATION, INC., ATTY. RAMON PEDROSA, ATTY.
CITA BORROMEOGARCIA, STELLA ACEDERA, ATTY.
BERTENI CATALUA CAUSING, Petitioners, v. OFFICE
OF THE PRESIDENT, OFFICE OF THE EXECUTIVE
SECRETARY, DEPARTMENT OF HEALTH, DEPARTMENT
OF EDUCATION, Respondents.; G.R. NO. 207111 - JOHN
WALTER B. JUAT, MARY M. IMBONG, ANTHONY
VICTORIO B. LUMICAO, JOSEPH MARTIN Q. VERDEJO,
ANTONIA EMMA R. ROXAS AND LOTA LATGUERRERO,
PETITIONERS VS. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. FLORENCIO ABAD,
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY,
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO,
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE
AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207172 -
COUPLES FOR CHRIST FOUNDATION, INC., SPOUSES
JUAN CARLOS ARTADI SARMIENTO AND FRANCESCA
ISABELLE BESINGASARMIENTO, AND SPOUSES LUIS
FRANCIS A. RODRIGO, JR. AND DEBORAH MARIE
VERONICA N. RODRIGO., Petitioners, v. HON. PAQUITO
N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207563 -
ALMARIM CENTI TILLAH AND ABDULHUSSEIN M.
KASHIM, Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. ENRIQUE T. ONA,
SECRETARY OF THE DEPARTMENT OF HEALTH, AND
HON. ARMIN A. LUISTRO,SECRETARY OF THE
DEPARTMENT OF BUDGET AND MANAGEMENT,
Respondents.
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LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 204934 -
ALLIANCE FOR THE FAMILY FOUNDATION PHILIPPINES,
INC. [ALFI], REPRESENTED BY ITS PRESIDENT, MARIA
CONCEPCION S. NOCHE, SPOUSES REYNALDO S.
LUISTRO & ROSIE B. LUISTRO, JOSE S. SANDEJAS &
ELENITA S.A. SANDEJAS, ARTURO M. GORREZ &
MARIETTA C. GORREZ, SALVADOR S. MANTE, JR. &
HAZELEEN L. MANTE, ROLANDO M. BAUTISTA & MARIA
FELISA S. BAUTISTA, DESIDERIO RACHO &
TRAQUILINA RACHO, FERNAND ANTONIO A.
TANSINGCO & CAROL ANNE C. TANSINGCO FOR
THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN, THERESE ANTONETTE C. TANSINGCO,
LORENZO JOSE C. TANSINGCO, MIGUEL FERNANDO C.
TANGSINGCO, CARLO JOSEMARIA C. TANSINGCO &
JUAN PAOLO C. TANSINGCO, SPOUSES MARIANO V.
ARANETA & EILEEN Z. ARANETA FOR THEMSELVES AND
ON BEHALF OF THEIR MINOR CHILDREN, RAMON
CARLOS Z. ARANETA & MAYA ANGELICA Z. ARANETA,
SPOUSES RENATO C. CASTOR & MILDRED C. CASTOR
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN, RENZ JEFFREY C. CASTOR, JOSEPH RAMIL C.
CASTOR, JOHN PAUL C. CASTOR & RAPHAEL C. CASTOR,
SPOUSES ALEXANDER R. RACHO & ZARA Z. RACHO FOR
THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN MARGARITA RACHO, MIKAELA RACHO,
MARTIN RACHO, MARI RACHO & MANOLO RACHO,
SPOUSES ALFRED R. RACHO & FRANCINE V. RACHO
FOR THEMSELVES AND ON BEHALF OF THEIR MINOR
CHILDREN MICHAEL RACHO, MARIANA RACHO, RAFAEL
RACHO, MAXI RACHO, CHESSIE RACHO & LAURA
RACHO, SPOUSES DAVID R. RACHO & ARMILYN A.
RACHO FOR THEMSELVES AND ON BEHALF OF THEIR
MINOR CHILD GABRIEL RACHO, MINDY M. JUATAS AND
ON BEHALF OF HER MINOR CHILDREN ELIJAH GERALD
JUATAS AND ELIAN GABRIEL JUATAS, SALVACION M.
MONTEIRO, EMILY R. LAWS, JOSEPH R. LAWS &
KATRINA R. LAWS, Petitioners, v. HON. PAQUITO N.
OCHOA, JR., EXECUTIVE SECRETARY, HON. ENRIQUE T.
ONA, SECRETARY, DEPARTMENT OF HEALTH, HON.
ARMIN A. LUISTRO, SECRETARY, DEPARTMENT OF
EDUCATION, CULTURE AND SPORTS, HON. CORAZON
SOLIMAN, SECRETARY, DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT, HON. MANUEL A. ROXAS
II, SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, HON. FLORENCIO B. ABAD, SECRETARY,
DEPARTMENT OF BUDGET AND MANAGEMENT, HON.
ARSENIO M. BALISACAN, SOCIOECONOMIC PLANNING
SECRETARY AND NEDA DIRECTORGENERAL, THE
PHILIPPINE COMMISSION ON WOMEN, REPRESENTED
BY ITS CHAIRPERSON, REMEDIOS IGNACIORIKKEN,
THE PHILIPPINE HEALTH INSURANCE CORPORATION,
REPRESENTED BY ITS PRESIDENT EDUARDO BANZON,
THE LEAGUE OF PROVINCES OF THE PHILIPPINES,
REPRESENTED BY ITS PRESIDENT ALFONSO UMALI, THE
LEAGUE OF CITIES OF THE PHILIPPINES, REPRESENTED
BY ITS PRESIDENT OSCAR RODRIGUEZ, AND THE
LEAGUE OF MUNICIPALITIES OF THE PHILIPPINES,
REPRESENTED BY ITS PRESIDENT DONATO MARCOS,
Respondents.; G.R. NO. 204957 - TASK FORCE FOR
FAMILY AND LIFE VISAYAS, INC. AND VALERIANO S.
AVILA, Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY; HON. FLORENCIO B. ABAD,
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY,
DEPARTMENT OF EDUCATION; AND HON. MANUEL A.
ROXAS II, SECRETARY, DEPARTMENT OF INTERIOR
AND LOCAL GOVERNMENT, Respondents.; G.R. NO.
204988 - SERVE LIFE CAGAYAN DE ORO CITY, INC.,
REPRESENTED BY DR. NESTOR B. LUMICAO, M.D., AS
PRESIDENT AND IN HIS PERSONAL CAPACITY,
ROSEVALE FOUNDATION INC., REPRESENTED BY DR.
RODRIGO M. ALENTON, M.D., AS MEMBER OF THE
SCHOOL BOARD AND IN HIS PERSONAL CAPACITY,
ROSEMARIE R. ALENTON, IMELDA G. IBARRA, CPA,
LOVENIA P. NACES, PHD., ANTHONY G. NAGAC, EARL
ANTHONY C. GAMBE AND MARLON I. YAP, Petitioners, v.
OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT; HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH; HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
AND HON. MANUEL A. ROXAS II, SECRETARY,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
Respondents.; G.R. NO. 205003 - EXPEDITO A.
BUGARIN, JR., Petitioner, v. OFFICE OF THE PRESIDENT
OF THE REPUBLIC OF THE PHILIPPINES, HON. SENATE
PRESIDENT, HON. SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND HON. SOLICITOR GENERAL,
Respondents.; G.R. NO. 205043 - EDUARDO B.
OLAGUER AND THE CATHOLIC XYBRSPACE APOSTOLATE
OF THE PHILIPPINES, Petitioners, v. DOH SECRETARY
ENRIQUE T. ONA, FDA DIRECTOR SUZETTE H. LAZO,
DBM SECRETARY FLORENCIO B. ABAD, DILG
SECRETARY MANUEL A. ROXAS II, DECS SECRETARY
ARMIN A. LUISTRO, Respondents.; G.R. NO. 205138 -
PHILIPPINE ALLIANCE OF XSEMINARIANS, INC. (PAX),
HEREIN REPRESENTED BY ITS NATIONAL PRESIDENT,
ATTY. RICARDO M. RIBO, AND IN HIS OWN BEHALF,
ATTY. LINO E.A. DUMAS, ROMEO B. ALMONTE,
OSMUNDO C. ORLANES, ARSENIO Z. MENOR, SAMUEL J.
YAP, JAIME F. MATEO, ROLLY SIGUAN, DANTE E.
MAGDANGAL, MICHAEL EUGENIO O. PLANA,
BIENVENIDO C. MIGUEL, JR., LANDRITO M. DIOKNO
AND BALDOMERO FALCONE, Petitioners, v. HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
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FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
HON. MANUEL A. ROXAS II, SECRETARY, DEPARTMENT
OF INTERIOR AND LOCAL GOVERNMENT, HON.
CORAZON J. SOLIMAN, SECRETARY, DEPARTMENT OF
SOCIAL WELFARE AND DEVELOPMENT, HON. ARSENIO
BALISACAN, DIRECTORGENERAL, NATIONAL
ECONOMIC AND DEVELOPMENT AUTHORITY, HON.
SUZETTE H. LAZO, DIRECTORGENERAL, FOOD AND
DRUGS ADMINISTRATION, THE BOARD OF DIRECTORS,
PHILIPPINE HEALTH INSURANCE CORPORATION, AND
THE BOARD OF COMMISSIONERS, PHILIPPINE
COMMISSION ON WOMEN, Respondents.; G.R. NO.
205478 - REYNALDO J. ECHAVEZ, M.D., JACQUELINE H.
KING, M.D., CYNTHIA T. DOMINGO, M.D., AND
JOSEPHINE MILLADOLUMITAO, M.D., COLLECTIVELY
KNOWN AS DOCTORS FOR LIFE, AND ANTHONY PEREZ,
MICHAEL ANTHONY G. MAPA, CARLOS ANTONIO PALAD,
WILFREDO JOSE, CLAIRE NAVARRO, ANNA COSIO, AND
GABRIEL DY LIACCO COLLECTIVELY KNOWN AS
FILIPINOS FOR LIFE, Petitioners, v. HON. PAQUITO N.
OCHOA, JR., EXECUTIVE SECRETARY; HON. FLORENCIO
B. ABAD, SECRETARY OF THE DEPARTMENT OF BUDGET
AND MANAGEMENT; HON. ENRIQUE T. ONA, SECRETARY
OF THE DEPARTMENT OF HEALTH; HON. ARMIN A.
LUISTRO, SECRETARY OF THE DEPARTMENT OF
EDUCATION; AND HON. MANUEL A. ROXAS II,
SECRETARY OF THE DEPARTMENT OF INTERIOR AND
LOCAL GOVERNMENT, Respondents.; G.R. NO. 205491 -
SPOUSES FRANCISCO S. TATAD AND MARIA FENNY C.
TATAD & ALA F. PAGUIA, FOR THEMSELVES, THEIR
POSTERITY, AND THE REST OF FILIPINO POSTERITY,
Petitioners, v. OFFICE OF THE PRESIDENT OF THE
REPUBLIC OF THE PHILIPPINES, Respondent.; [G.R. NO.
205720] PROLIFE PHILIPPINES FOUNDATION, INC.,
REPRESENTED BY LORNA MELEGRITO, AS EXECUTIVE
DIRECTOR, AND IN HER PERSONAL CAPACITY, JOSELYN
B. BASILIO, ROBERT Z. CORTES, ARIEL A.
CRISOSTOMO, JEREMY I. GATDULA, CRISTINA A.
MONTES, RAUL ANTONIO A. NIDOY, WINSTON CONRAD
B. PADOJINOG, RUFINO L. POLICARPIO III, Petitioners,
v. OFFICE OF THE PRESIDENT, SENATE OF THE
PHILIPPINES, HOUSE OF REPRESENTATIVES, HON.
PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION
AND HON. MANUEL A. ROXAS II, SECRETARY,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT,
Respondents.; G.R. NO. 206355 - MILLENNIUM SAINT
FOUNDATION, INC., ATTY. RAMON PEDROSA, ATTY.
CITA BORROMEOGARCIA, STELLA ACEDERA, ATTY.
BERTENI CATALUA CAUSING, Petitioners, v. OFFICE
OF THE PRESIDENT, OFFICE OF THE EXECUTIVE
SECRETARY, DEPARTMENT OF HEALTH, DEPARTMENT
OF EDUCATION, Respondents.; G.R. NO. 207111 - JOHN
WALTER B. JUAT, MARY M. IMBONG, ANTHONY
VICTORIO B. LUMICAO, JOSEPH MARTIN Q. VERDEJO,
ANTONIA EMMA R. ROXAS AND LOTA LATGUERRERO,
PETITIONERS VS. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. FLORENCIO ABAD,
SECRETARY, DEPARTMENT OF BUDGET AND
MANAGEMENT, HON. ENRIQUE T. ONA, SECRETARY,
DEPARTMENT OF HEALTH, HON. ARMIN A. LUISTRO,
SECRETARY, DEPARTMENT OF EDUCATION, CULTURE
AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207172 -
COUPLES FOR CHRIST FOUNDATION, INC., SPOUSES
JUAN CARLOS ARTADI SARMIENTO AND FRANCESCA
ISABELLE BESINGASARMIENTO, AND SPOUSES LUIS
FRANCIS A. RODRIGO, JR. AND DEBORAH MARIE
VERONICA N. RODRIGO., Petitioners, v. HON. PAQUITO
N. OCHOA, JR., EXECUTIVE SECRETARY, HON.
FLORENCIO B. ABAD, SECRETARY, DEPARTMENT OF
BUDGET AND MANAGEMENT, HON. ENRIQUE T. ONA,
SECRETARY, DEPARTMENT OF HEALTH, HON. ARMIN A.
LUISTRO, SECRETARY, DEPARTMENT OF EDUCATION,
CULTURE AND SPORTS AND HON. MANUEL A. ROXAS II,
SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, Respondents.; G.R. NO. 207563 -
ALMARIM CENTI TILLAH AND ABDULHUSSEIN M.
KASHIM, Petitioners, v. HON. PAQUITO N. OCHOA, JR.,
EXECUTIVE SECRETARY, HON. ENRIQUE T. ONA,
SECRETARY OF THE DEPARTMENT OF HEALTH, AND
HON. ARMIN A. LUISTRO,SECRETARY OF THE
DEPARTMENT OF BUDGET AND MANAGEMENT,
Respondents.
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11/24/2014 G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, PlaintiffAppellee, v. EDGAR JUMAWAN, AccusedAppellant. : APRIL 2014 - PHIL
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