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G.R. No. 189279 March 9, 2010

PEOPLE OF THE PHILIPPINES, Appellee,vs.NELSON PALMA y HANGAD, Appellant.

FACTS

On December 7, 2004, at approximately 7:00 in the evening, AAA, while walking along the C-5 Bridge in BagongIlog, Pasig City, noticed that a man had followed her after she passed the talipapa. Suddenly, the man placed his armover her shoulder, poked a sharp object on the left side of her body, then instructed her to go with him. When sheturned her head towards the man, she recognized the assailant (although then, she did not know his name) as sheregularly saw him at the bridge every time she and her co-workers would pass by .4 Appellant forcibly brought AAAto a dark place under the bridge, covered by big stones that blocked the view of passersby. There, he asked if shehad a cellular phone and some money. She replied in the affirmative. He also asked what AAAs phone model was,and she answered that it was a Nokia 3315.

Then, appellant hit her on the stomach and told her to undress. But she refused. He thus pushed her towards the sofa(found under the bridge), slashed her clothes and underwear and threatened her with the knife. 6 When AAA wasalready naked, appellant lowered his own short pants and briefs, and forcibly inserted his penis into her vagina andcontinued pushing it in for about two (2) to three (3) minutes. 7 After satisfying his lust, he withdrew his penis andfixed himself. AAA wanted to run away, but she could not do so as she was then totally naked.

Appellant thereafter grabbed AAAs bag and took her cellular phone and transportation money amounting toP 40.00.AAA was able to locate only her blouse that she used to cover herself. She came out from under the bridge to seek help. A male passerby helped her by giving her a pair of short pants, and escorted her to Bagong Ilog Barangay Hall,where the incident was entered in the police blotter. 9 The following day, AAA underwent medical examination atthe Camp Crame Medico-Legal Crime Laboratory. 10

On December 16, 2004, while conducting their routine patrol, members of the barangay security force chanced uponappellant, whom they found sleeping, using several ladies wallets as pillows, under the C-5 bridge, near the placewhere AAA was raped. It appearing that appellant was drunk and recalling the rape incident that occurred a fewdays earlier, the barangay security force brought appellant to the Barangay Hall for verification. 11 That same day,AAA positively identified appellant as her assailant. Appellant immediately bowed his head and asked AAA for forgiveness .12

On December 17, 2004, appellant was charged in an Information for Robbery with Rape .13 When arraigned,appellant pleaded "not guilty."

On October 17, 2007, the RTC rendered a decision finding appellant guilty beyond reasonable doubt of Robberywith Rape, and sentenced him to suffer the penalty of reclusion perpetua. Appellant was, likewise, ordered to

payP50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages. 15 Onappeal, the appellate court affirmed the RTC decision in its entirety.

ISSUE

THE COURT A QUO GRAVELY ERRED IN NOT FINDING THE WARRANTLESS ARREST OF THEACCUSED-APPELLANT AS ILLEGAL.

RULING

As to the regularity of appellants arrest, we have consistently ruled that an accused is estopped from assailing thelegality of his arrest if he fails to raise this issue, or to move for the quashal of the information against him on this

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ground, before arraignment. 17 Here, appellant was arraigned, entered a plea of not guilty and actively participated inhis trial. He raised the issue of the irregularity of his arrest only during his appeal to the CA. He is, therefore,deemed to have waived such alleged defect by submitting himself to the jurisdiction of the court through hiscounsel-assisted plea during the arraignment, by actively participating in the trial, and by not raising the objection

before his arraignment.

WHEREFORE, premises considered, the Court of Appeals Decision dated June 25, 2009 is AFFIRMED, with thefollowing MODIFICATIONS: 1) appellant Nelson Palma y Hangad is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole; 2) the award of civil indemnity is INCREASED from P50,000.00toP75,000.00; 3) the award of moral damages is increased from P50,000.00 to P75,000.00; and 4) the award of exemplary damages is REDUCED from P50,000.00 to P30,000.00.

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G.R. No. 188706 March 17, 2010

PEOPLE OF THE PHILIPPINES, Appellee,vs.OSCAR M. DOCUMENTO, Appellant.

FACTS

On appeal is the Court of Appeals (CA) Decision 1 dated August 13, 2008, affirming the Regional Trial Court 2(RTC)Decision 3 dated June 9, 2003, finding appellant Oscar Documento guilty beyond reasonable doubt of two (2) countsof Rape.

Documento was charged before the RTC with two (2) counts of Rape, as defined and punished under Article 335 of the Revised Penal Code, in separate Informations, which read:

CRIMINAL CASE NO. 6899

That sometime on April 22, 1996 at Ochoa Avenue, Butuan City, Philippines, and within the jurisdiction of this

Honorable Court, the above-named accused with the use of force and intimidation, did then and there willfully,unlawfully and feloniously have carnal knowledge with his daughter AAA, a minor, 16 years of age, against her willand consent.

CRIMINAL CASE NO. 6900

That sometime on October 15, 1995 at Barangay Antongalon, Butuan City, Philippines, and within the jurisdictionof this Honorable Court, the above-named accused with the use of force and intimidation, did then and therewillfully, unlawfully and feloniously have carnal knowledge with his daughter AAA, a minor, 16 years of age,against her will and consent.

Upon arraignment, Documento pled not guilty. Subsequently, however, he changed his earlier plea to one of guilt.As such, the RTC ordered a re-arraignment and entered appellants plea of guilt to the charges. Thereafter, the

prosecution presented evidence consisting of the testimonies of private complainant herself, AAA, her mother, BBB,and Dr. Johann A. Hugo.

Documento testified as the sole witness for the defense. He asseverated that he pled guilty to the crime of Rape only because Prosecutor Hector B. Salise convinced him to do so. Documento contended that he did not rape AAA, andthat, to the contrary, they had a consensual, sexual relationship. He further alleged that the incident did not happen inButuan City, but in Clarin, Misamis Occidental. Finally, on cross-examination, Documento disowned thehandwritten letters he had supposedly written to his wife and to AAA, asking for their forgiveness.

The RTC rendered judgment convicting Documento of both counts of Rape.

ISSUE

THE TRIAL COURT GRAVELY ERRED IN DECIDING THE CASE WITHOUT FIRST RESOLVING ITSTERRITORIAL JURISDICTION OVER THE CRIME CHARGED AS THE PROSECUTION FAILED TOESTABLISH THAT THE TWO (2) COUNTS OF RAPE WERE PERPETRATED IN BUTUAN CITY.

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RULING

On the issue of the trial courts territorial jurisdiction over the crime, we completely agree with the appellate courtsruling thereon. Contrary to the insistence of Documento that the prosecution failed to establish that the two (2)counts of Rape were perpetrated in Butuan City, the CA pointed to specific parts of the records which show that,

although AAA did not specifically mention "Butuan City" in her testimony, the incidents in the present casestranspired in Barangay Antongalon and on Ochoa Avenue, both in Butuan City.

First. AAA in her Sworn Statement dated April 24, 1996 answered the prosecutors question in this wise:

15. Q : Right after you arrived [in] Butuan City, did your father molest you or rape you?

A : Yes, sir.

Q : When was that?

A : From the month of October 15, 1995 when we stayed [in] Barangay Antongalon, Butuan City, and the

last happened in the evening of April 22, 1996 [on] Ochoa Avenue, Butuan City.

Second. The Resolution dated May 3, 1996 of Hector B. Salise, Second Assistant City Prosecutor, states that:

There were many places they stayed and several sexual intercourse that took place which this office has no jurisdiction to conduct preliminary investigation but only on the incidents of rape that took place [in] Antongalon,Butuan City on October 15, 1995 and [on] Ochoa Avenue, Butuan City on April 22, 1996.

Third. The two (2) Informations dated May 8, 1996, clearly state that the crimes charged against appellant were perpetrated in Barangay Antongalon and Ochoa Avenue, Butuan City on October 15, 1995 and April 22, 1996,respectively.

Fourth. The inclusion of the two Barangays in the City of Butuan is a matter of mandatory judicial notice by the trialcourt. Section 1 of Rule 129 of the Revised Rules on Evidence provides

SECTION 1. Judicial notice, when mandatory. A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the politicalconstitution and history of the Philippines, the official acts of the legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions

Lastly, on the matter of the appellate courts award of exemplary damages, we increase the award fromP25,000.00to P30,000.00 in line with prevailing jurisprudence.

WHEREFORE, premises considered, the Court of Appeals Decision dated August 13, 2008 in CA-G.R. CRHC

No. 00285 is AFFIRMED with the MODIFICATION that the award of exemplary damages is hereby increasedfromP25,000.00 to P30,000.00. The Decision is affirmed in all other respects.