(A.C. No. 6567. AUGUST 11, 2008]

HIGHER QUANTUM OF EVIDENCE.

Respondent's invocation of the rule of privileged SECOND DIVISION

communication in the present administrative

matter is misplaced. It behooves to state that JOSE C. SABERON, Complainant, vs. ATTY. this defense is peculiar to the criminal case for FERNANDO T. LARONG, Respondent.

libel that respondent faces, which depends on

a totally different and evidently higher quantum SYLLABUS

of evidence than is required in this administrative of the Ruling of the Court

case. Needless to say, this Court's ruling as to

the administrative liability of respondent is not 1. LEGAL ETHICS; ATTORNEYS; THE COURT'S conclusive of his guilt or innocence in the libel RULING THAT THE ASCRIPTION OF

case. "BLACKMAIL" IN THE ANSWER WAS NOT LEGITIMATELY RELATED OR PERTINENT TO

OPINION OF THE COURT
THE SUBJECT MATTERS OF INQUIRY
BEFORE THE BANGKO SENTRAL NG
PILIPINAS (BSP) STANDS WHETHER THE

CARPIO-MORALES, J.:
STATEMENTS ARE IN THE NATURE OF A
COUNTER-COMPLAINT OR A COUNTER- From this Court's Decision' of April 16,
CLAIM EMBODIED IN THE ANSWER AS

2008, both complainant Jose C. Saberon RESPONDENT PRESENTLY MAINTAINS.Respondent's submission that the Answer

and respondent Atty. Fernando T. Larong containing the allegations of blackmail is seek reconsideration. protected by the mantle of absolute privilege was already pleaded in his Comment to Petition

Complainant's Motion for Reconsiderafor Review triat the allegations were absolutely privileged, like allegations made in any tion? asks this Court to hold respondent complaint or initiatory pleading. There, he also guilty of gross misconduct, instead of simple proffered, as he now maintains in his motion; misconduct, for ascribing blackmail to him the relevancy or pertinency of the questioned statements to the issues being litigated before

in pleadings filed before the Bangko Sentral the BSP. To respondent's contentions, the Court ng Pilipinas (BSP). ruled that the ascription of "blackmail" in the Answer was not legitimately related or pertinent

Respondent's Motion for Reconsiderato the subject matters of inquiry before the BSP, which were the alleged alien citizenship and

tion, while it takes no exception to the majority stockholding of Alfredo Tan Bonpin in P2,000 fine imposed on him and which he the Surigaonon Rural Bank. And it reminded

has paid, “ seeks this Court to declare that respondent that lawyers, though allowed latitude in making a remark or comment in their

the questioned allegations that the case pleadings, should not trench beyond the bounds before the BSP was part of blackmailing of relevancy and propriety. This Court's ruling suits against his clients for financial stands whether the statements are in the nature of a counter-complaint or a counterclaim gain-albeit couched

gain-albeit couched in intemperate embodied in the Answer as respondent presently language-were privileged communication.

maintains. 2. ID.; ID.; RESPONDENT'S INVOCATION OF THE

As to complainant's Motion, his RULE ON PRIVILEGED COMMUNICATION IS arguments therein were amply discussed MISPLACED; THE DEFENSE IS PECULIAR TO and ruled upon in the Decision sought to THE CRIMINAL CASE FOR LIBEL THAT

be reconsidered. The Court thus finds no RESPONDENT FACES WHICH DEPENDS ON A TOTALLY DIFFERENT AND EVIDENTLY ground to set the Decision aside.

1

On the other hand, respondent's lawyer to possible administrative sanction submission that the Answer containing the for the use of intemperate language under allegations of blackmail is protected by the the Canons of Professional Responsibility, mantle of absolute privilege was already should not strip the pleadings in which they pleaded in his Comment to Petition for made their privileged nature. Reviews that the allegations were absolutely privileged, like allegations made in any

Respondent's invocation of the rule of complaint or initiatory pleading. There, he privileged communication in the present also proffered, as he now maintains in his administrative matter is misplaced. It motion, the relevancy or pertinency of the behooves to state that this defense is questioned statements to the issues being peculiar to the criminal case for libel that litigated before the BSP.

respondent faces, which depends on a

totally different and evidently higher To respondent's contentions, the Court quantum of evidence than is required in this ruled that the ascription of "blackmail" in administrative case. Needless to say, this the Answer was not legitimately related or Court's ruling as to the administrative liability pertinent to the subject matters of inquiry of respondent is not conclusive of his guilt before the BSP, which were the alleged or innocence in the libel case. alien citizenship and majority stockholding of Alfredo. Tan Bonpin in the Surigaonon

WHEREFORE,

complainant's and Rural Bank. And it reminded respondent that respondent's respective Motions for lawyers, though allowed latitude in making Reconsideration are DENIED. a remark or comment in their pleadings,

SO ORDERED. should not trench beyond the bounds of relevancy and propriety.

Quisumbing, Corona, Velasco, Jr., and This Court's ruling stands whether the

Brion, JJ. concur. statements are in the nature of a countercomplaint or a counterclaim embodied in

ATTESTATION the Answer as respondent presently maintains.

I attest that the conclusions in the above

Resolution had been reached in consultation Respondent alternatively contends that before the case was assigned to the writer the questioned allegations fall within the

of the opinion of the Court's Division. ambit of a conditionally or qualifiedly privileged communication under Article 354

(Sgd.) LEONARDO A. QUISUMBING (1)' of the Revised Penal Code. He submits

Associate Justice that the statements, while opening up a

Chairperson

MGA HATOL NG HUKUMAN NG APELASYON

[DECISIONS OF THE COURT OF APPEALS)

GEMMA LETICIA F. TABLATE

COURT OF APPEALS REPORTER

(CR No. 00150. January 4 2005)*

PEOPLE OF THE PHILIPPINES, plaintiff-appellee

vs. ISIDRO AVESILLA, accused-appellant.

of sexual assault, especially a minor particularly in cases of incestuous rape, because no woman would be willing to undergo a public trial and put up with the shame, humiliation and dishonor of exposing her own degradation were it not to condemn an injustice and to have offender apprehended and punished (People vs. Dionisio Ancheta, G.R. No. 142431, January 14, 2004).

1. REMEDIAL LAW; EVIDENCE; RAPE; LUST IS NO

RESPECTER OF TIME AND PLACE.-Time-
honored is the doctrine that lust is no respecter
of time and place, and it could be committed
even in unlikely places where people
congregate, in parks, along roadsides, in
school premises, in a house where there are
other occupants, in the same room where other
members of the family are also sleeping, and
even in places which to many would appear
unlikely or high risk venues for its commission
(People vs. Yonto, 392 SCRA 468 (2002]).

5. CIVIL LAW; DAMAGES; EXEMPLARY DAMAGES;

IN THE ABSENCE OF ANY AGGRAVATING CIRCUMSTANCE IN THE COMMISSION OF THE CRIME, THE CLAIM FOR EXEMPLARY DAMAGES IS BASELESS.-The Court sustains the recommendation of the Office of Solicitor General (OSG) to delete the trial court's award of exemplary damages in view of the absence of any aggravating circumstance in the commission of the crime, pursuant to Article 2230, New Civil Code which provides that exemplary damages as part of civil indemnity may be imposed when the crime was committed with one or more aggravating circumstances.

2. ID.; ID.; EVIDENCE; WITNESSES; TESTIMONIAL

EVIDENCE; THE CRYING OF A VICTIM
DURING HER TESTIMONY IS EVIDENCE OF
THE TRUTH OF THE RAPE CHARGES.-It
has been held that the crying of a victim during
her testimony is evidence of the truth of the
rape charges, for the display of such emotion
indicates the pain that the victim feels when
asked to recount her traumatic experience
(People vs. Ancheta, G.R. No. 142431,
January 14, 2004).

APPEAL from a judgment of the Regional Trial

Court of Aparri, Cagayan, 2nd Judicial
Region, Branch 8.

3. ID.; ID.; ID.; ID.; THE POSITIVE AND DIRECT

The facts are stated in the opinion of
TESTIMONY OF PRIVATE COMPLAINANT IS
ENTITLED TO FULL FAITH AND CREDIT IN

the Court.
THE ABSENCE OF IMPROPER MOTIVE OR
ILL-WILL.-There is no indication that private

Office of the Solicitor General for complainant concocted her story only to

plaintiff-appellee.
maliciously implicate appellant. In the absence
of a clear evidence to show that private
complainant was moved by any improper

Hermenegildo G. Rapanan for motive, ill-will or that her accounts were merely

accused-appellant.
fabricated or concocted, her positive and direct
testimony is entitled to full faith and credit LAMPAS PERALTA, J.:
(People vs. Lachica, 382 SCRA 162).

This is an appeal from the Decision dated 4. ID.; ID.; ID.; ID.; THE TESTIMONY OF A MINOR GIRL VICTIM OF SEXUAL ASSAULT IS

may 2, 2000 in Criminal Cases Nos. 08GIVEN BY COURTS GREATER WEIGHT - 940 and 08-941 of Branch 8, Regional Trial When a woman, more so if she is a minor

Court (RTC), Aparri, Cagayan which says that she has been raped, she says, in

convicted appellant Isidro Avesilla of two effect, all that is necessary to prove that rape was committed. Courts usually give greater (2) counts of rape committed against a weight to the testimony of a girl who is a victim minor.

* Court of Appeals Reports Annotated, Vol. 39.

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The case was remanded by the Supreme Court to the Court of Appeals pursuant to the ruling in People vs. Mateo, G.R. Nos. 147678-87, July 7, 2004.

The Antecedents

finally found the courage to inform her mother, Imelda

de Guzman, that she (Maidalyn) was being sexually Private complainant Maidalyn de abused by appellant (p. 10, TSN, ibid; p. 8. TSN, Guzman, when she was about twelve (12) November 3, 1999).? years old, was twice raped by appellant.

Hence, in two separate informations both The first rape occurred during the wake of filed on November 18, 1996, appellant was appellant's daughter on December 3, 1994 charged with rape defined and penalized and the second on October 28, 1995 at a

under Article 335, Revised Penal Code, as place near appellant's house. The factual amended by Section 11, of Republic Act details, as summarized by the Office of the No. 7659 (otherwise known as An Act to Solicitor General (OSG), are:

Impose the Death Penalty on Certain Around seven o'clock in the evening of December Heinous Crimes). The two (2) informations 2, 1994, private complainant Maidalyn de Guzman, read: then twelve (12) years old, went to the house of appellant Isidro Avesilla at Binalan, Aparri, Cagayan, Re: Criminal Case No. 11-6634 to attend the wake of Avesilla's daughter, Remedios. Appellant is married to the sister of Maidalyn's paternal

That on or about December 3, 1994, in the grandfather and a neighbor of the de Guzmans (pp.

municipality of Appari, province of Cagayan, and within 11-12, TSN, April 21, 1999).

the jurisdiction of the Honorable Court, the above

name accused, armed with a knife with lewd design, Around three (3) o'clock of the following morning, by the use of force violence or intimidation, with moral December 3, 1994, while Maidalyn was sleeping beside ascendancy and influence upon the offended party the casket of Remedios in the living room of appellant's (being his grand daughter), did then and there willfully, house, Maidalyn was awakened when appellant laid unlawfully and feloniously have carnal knowledge of beside her. Maidalyn tried to shout, but appellant said Maidalyn De Guzman y Urbayo, a woman, under suddenly covered her mouth. Appellant pulled a knife twelve (12) years of age, all against her will and and poked it at the neck of maidalyn, then raised consent. Maidalyn's leg and removed her "garterized" shorts and panty. While appellant and Maidalyn were lying

CONTRARY TO LAW.3 on their sides, appellant pulled out his penis, inserted it into the vagina of Maidalyn and made "push and

Re: Criminal Case No. 11-6635 pull" movements. As Maidalyn was being raped, she

That on or about October 28, 1995, in the heard Jenald, the seven-year old grandson of appellant

municipality of Aparri, province of Cagayan, and within enter the room and say “Apay ni Amang agtigtigerger

the jurisdiction of the Honorable Court, the abovemetten" (why is it that grandfather was trembling) (pp.

name accused, with lewd design by means of force, 13-14, TSN April 21, 1999). After satisfying himself

violence or intimidation, with moral ascendancy and with her, appellant put back the panty of Maidalyn and

influence upon the offended party (being his grand told her not to report the incident to his family or he

daughter), did then and there willfully, unlawfully and would kill all her family (p. 25, Ibid). Out of fear of

feloniously have carnal knowledge of said Maidelyn appellant, Maidalyn decided to keep the incident to

Guzman y Urbayo, a woman under twelve (12) years herself.

of age, all against her will and consent. On the night of October 28, 1995 Maidalyn was on

CONTRARY TO LAW. her way to buy "cornick" at a nearby store when she was waylaid by appellant. Appellant, who was in his

When arraigned on April 23, 1997, short and 'sando", grabbed Maidalyn's hands and dragged her to the extension of the house of her

appellant pleaded "not guilty" to both grandmother which was just thirty (30) meters away charges (p. 44, Record). Trial ensued from the house of appellant. Once inside a room of wherein the parties presented their the house where Maidalyn was taken, appellant pulled respective evidence. his knife and pushed her to the floor. He grabbed Maidalyn who was lying on the floor, forcibly removed

In a Decision dated May 2, 2000, the her panty and shorts. Appellant then laid on top of her, pulled out his penis inserted it into Maidalyn's

trial court convicted appellant, the decretal vagina and made “push and pull” movements. After portion of which reads: he was through with her, appellant told Maidalyn that he would kill her if she reported the incident to her

WHEREFORE, the court hereby renders judgment parents (pp. 9-11, TSN June 15, 1999, p. 9 TSN,

finding the accused Isidro Avesilla GUILTY beyond August 5, 1999). Aside from these two incidents,

reasonable doubt of the crime of rape in both cases appellant raped Maidalyn on two separate occasions for having sexually abused the private complainant prior to October 28, 1988. However, Maidalyn cannot recall their exact dates (p. 16, TSN, June 15, 1999).

pp. 106-109, Rollo On October 31, 1995 Maidalyn, who could no longer 3 first page, Vol, I, Record withstand the abuses she received from appellant, 4 first page, Vol. II, Record

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