G.R. No. 207765, July 26, 2017
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JULITO DIVINAGRACIA, SR., Accused-Appellant.
D E C I S I O N
"Pa, don't do that[,] Pa."1
Child victims of rape by their very own fathers usually continue to live in an environment where the perpetrators consistently underscore the weakness and worthlessness of their victims. In addition to the continued economic dependence of the child victims, this ensures enormous difficulty to find a safe space for them to reveal their ordeal and ensure protection. The animosity and intolerable indignity that child victims experience often lead them to find the courage to seek succor from someone who appears to have moral ascendancy over their perpetrator. This is often their mother, although at times, it may also be a relative.
This case is the story of the courage of AAA and BBB, sisters who were sexually molested by their father.
This resolves the appeal, through Rule 124, Section 13, paragraph (c)2 of the Rules of Court, as amended by Administrative Matter No. 00-5-03-SC dated September 28, 2004, of the October 7, 2009 Joint Judgment3 of Branch 28, Regional Trial Court, Mandaue City in Criminal Case Nos. DU-8072 and DU-8074. The trial court found accused Julito Divinagracia, Sr. (Divinagracia) guilty beyond reasonable doubt of one (1) count of rape in relation to Republic Act No. 7610 and one (1) count of acts of lasciviousness in relation to Republic Act No. 7610. The Court of Appeals,4 upon intermediate review, affirmed the trial court's Decision.
This Court restates the facts as found by the lower courts.
Divinagracia and CCC were husband and wife with seven (7) children.5 The family lived in a one (1)-room house at Jagobiao, Mandaue City near the boundary of Riverside, Consolacion.6
Sometime in November 1996,7 Divinagracia and CCC quarrelled, prompting CCC to leave and spend the night at her sibling's house. Their daughters AAA and BBB were then left by themselves8 since their other siblings were either at their grandmother's house or with their friends.9
Later that evening, while AAA and BBB were sleeping side by side inside their house, BBB suddenly woke up to her father's tight embrace from behind and felt him roughly running his hand over her leg and breasts. BBB then felt her father poking his hard penis against her buttocks. BBB begged her father to stop, saying that she still had to go to school the following day. Divinagracia moved away from BBB and went out of the house.10
BBB was nine (9) years old at that time.11
A few minutes later, Divinagracia went back inside the house and lay down beside AAA.12 AAA woke up and asked her father where her mother was. Divinagracia pinched her ear and ordered her to keep quiet.13
AAA noticed that BBB, who was then lying beside her, slowly moved away. AAA tried to follow BBB, but Divinagracia pulled AAA towards him and made her face him. Divinagracia pulled down AAA's shorts and put his finger inside her vagina. Afterwards, Divinagracia got on top of AAA and inserted his penis inside her vagina. AAA's father then continued to molest her.14
AAA cried to her sister for help but BBB could do nothing but weep and cover her ears.15 AAA was eight (8) years old at that time.16
The following day, AAA was shocked and scared to find blood stains on her shorts. Divinagracia merely laughed when he saw AAA's distress.17
When CCC arrived later that day, AAA told her that she was molested by Divinagracia. AAA did not say that she was raped because she was afraid that her parents would only quarrel again. However, CCC did not believe her daughter. AAA claimed that CCC told Elvira Aburido (Aburido), Divinagracia's sister, about the molestation.18
On January 19, 1999, or a little over two (2) years after the incident, Sister Mary Ann Abuna (Sister Mary Ann), CCC's sister and a nun,19 visited her family in Cebu.20
That same day, AAA told Sister Mary Ann that she wanted to stop her schooling and begged to go with her back to Manila because she did not want to see her father anymore. Sister Mary Ann asked AAA's sisters if their father had changed his ways. BBB and their other sister responded that he had not reformed and even almost raped them.21
Sister Mary Ann asked the sisters to leave Cebu and go back with her to Manila to prevent their father from further molesting them. She brought AAA, BBB, their other sister, and CCC back with her to Manila. A few days later they all went to Pampanga where Sister Mary Ann was a missionary.22
While in Pampanga, AAA saw CCC crying because she wanted to go back to Cebu. AAA then went to Sister Mary Ann and declared that if CCC would return to Cebu, she would not go back with her. It was at this point that AAA opened up to Sister Mary Ann about the sexual abuse she suffered from her father.23
Sister Mary Ann brought AAA to the Hospital Ning in Angeles City to be examined by a doctor.24 After examining AAA, Dr. Lauro C. Biag (Dr. Biag) issued a medical certificate,25 a portion of which read:
Genitalia: labia majora/minora - well coaptated.Sister Mary Ann helped the girls file their respective complaints27 against their father. At first, BBB was hesitant to file a complaint but she finally agreed because AAA would not stop crying and was always afraid.28
Hymen: orifice 0.7 cm old healed complete laceration on 11, 8, 2 o'clock.
old healed incomplete laceration 5 & 10 o'clock.
(-) abrasion, (-) hematoma, (-) discharge26
That on or about the month of November 1996 in the Municipality of Consolacion, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused with deliberate intent, by means of force and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge with [AAA], his own daughter an [8-year-old] girl at that time, against her will and consent.The Information for acts of lasciviousness read:
CONTRARY TO LAW.30
That on or about the month of November 1996 in the Municipality of Consolacion, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused with force and intimidation and with lewd designs, did then and there wilfully, unlawfully and feloniously commit an act of lasciviousness against [BBB], his own daughter, a [12-year-old] girl by embracing her, pressing his penis against her buttocks and touching her breasts, against her will and consent.Divinagracia, assisted by counsel, pleaded not guilty to the charge of rape against him.32 During pre-trial, defense admitted the following facts and stipulations:
CONTRARY TO LAW.31
1. The existence of a birth certificate of the private offended party. Her birth certificate shows that she was born in Consolacion, Cebu on October 29, 1988;The prosecution, in turn, admitted the following facts and stipulations:
2. The accused is the father of the private offended party;
3. On November 1996 and prior thereto, the accused had been living together with his wife and children at Riverside, Consolacion, Cebu;
4. The existence of a medical certificate of the private offended party signed by a certain Dr. Lauro Biag, Medical Officer III of Hospital Ning Angeles City[.]33
1. The house where the family of the accused stays at Riverside, Consolacion, Cebu is a one room affair, is about 6x8 meters which is more or less half of the area of this courtroom;The complaints for rape and acts of lasciviousness against Divinagracia were eventually consolidated for trial.35
2. The whole family which includes seven (7) children, the accused and his wife slept in the same house;
3. The next door neighbor is about four (4) feet away from the house of the accused;
4. Elvira Divinagracia Aburido, sister of the accused, also lives at Riverside, Consolacion, Cebu;
5. The complaint against the accused was filed at the Provincial Prosecutor's Office on July 31, 2000.34
1. The accused is the father of the complaining witness;On the other hand, the prosecution admitted the following stipulations:
2. The accused and the private complainant (his daughter) were residing at Riverside, Consolacion, Cebu at the time this incident occurred in November 1996 and prior thereto. As a matter of fact, according to Atty. Rodriguez, all the members of the family of the accused lived together at this place at this given time;
3. The existence of a Certificate of Live Birth and Baptismal Certificate of the complaining witness.37
1. All the seven (7) children including the father and the mother lived together in a one-room house at Riverside, Consolacion, Cebu;The prosecution presented the following as witnesses: AAA, BBB, Sister Mary Ann, and Dr. Naomi Poca (Dr. Poca).
2. The mother of the complaining witness is a housewife;
3. The uncles and aunties of the complaining witness also live in Consolacion, Cebu;
4. The next door neighbor of the family of the complaining witness at Riverside, Consolacion, Cebu is about 4 feet away from their house;
5. The records show a [Si]numpaang Salaysay executed by the complaining witness and subscribed before the City Prosecutor of Angeles City on November 1999.38
WHEREFORE, in DU-8072, Joint Judgment is hereby rendered finding the accused Julito Divinagracia, Sr., guilty beyond reasonable doubt of rape. The Court hereby imposes upon him the indeterminate sentence of reclusion perpetua together with the accessory penalties of the law.On March 8, 2010, after Divinagracia filed an appeal from the Joint Judgment, the Regional Trial Court transmitted the records of the case to the Court of Appeals.62
In DU-8074, judgment is hereby rendered finding the accused Julito Divinagracia, Sr., guilty beyond reasonable doubt of acts of lasciviousness. The Court hereby imposes upon him the penalty of 14 years and 4 months of reclusion temporal as the minimum term to 17 years and 4 months of reclusion temporal as the maximum term together with the accessory penalties of the law.
The accused shall be given credit of his preventive detention but he shall not be eligible for parole.
With costs against the accused.
IT IS SO ORDERED.61
WHEREFORE, premises considered, this appeal is DENIED. The Joint Judgment dated October 7, 2009 rendered by the Regional Trial Court (RTC), Branch 28, Mandaue City, in Criminal Case Nos. DU-8072 and DU-8074 finding him guilty for Rape and Acts of Lasciviousness, respectively, is hereby AFFIRMED in toto. Costs against the appellant.Divinagracia filed a Notice of Appeal66 with the Court of Appeals. On August 28, 2013, this Court noted the records forwarded by the Court of Appeals and informed the parties that they may file their respective supplemental briefs. This Court also required the Chief Superintendent of the New Bilibid Prison to confirm Divinagracia's confinement therein.67
Stress is made that per the victim's testimony, when Sister [Mary] Ann visited their family here in Cebu in 1996, she (AAA) did not say that she was raped but was molested. She only divulged the real incident when they were already in Manila and even then, her relatives required that she undergo a medical examination, which could have been an avenue for them to verify and ascertain that what she was telling, that is, about being raped by her father, was the truth.These supposed discrepancies, not being elements of the crime, do not diminish the credibility of AAA's declarations. Jurisprudence has held "youth and immaturity [to be] badges of truth and sincerity"86 and has generally given leeway to minor witnesses when relating traumatic incidents of the past.87
Moreover, it was BBB who was adamant that they told Sister Mary Anne [sic] about the incident in 1999 while they were already in Manila. Sister Mary Anne [sic] herself even testified that she was told that the children were abused while still in Cebu and was told about the rape only in Manila. She even asked her niece AAA to undergo a medical examination in order to confirm if AAA was really raped.85 (Citations omitted)
Article 266-A. Rape: When And How Committed. — Rape is committed —Rape becomes qualified when committed by a parent against his child less than 18 years of age. This is provided for under paragraph 1, Article 266-B:
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
Article 266-B. Penalties. — Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.The elements of qualified rape are: "(1) sexual congress; (2) with a woman; (3) [done] by force and without consent; ... (4) the victim is under eighteen years of age at the time of the rape; and (5) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim."88
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim[.]
At 11, 8 and 2 - the findings at 11 and 2 o'clock are still considered, based on studies, more likely congenital rather than acquired, whereas the 8 o'clock finding is more likely an acquired condition and that could have been caused by penetration of the vagina. Then the old healed incomplete laceration ... at 5 and 10 o'clock, again the 10 o'clock might still be a normal finding or a normal variant finding, but the 5 o'clock is more probably the result of an acquired condition like trauma.89Dr. Poca likewise testified that given AAA's revelation of her ordeal caused by her father, "the complete healed laceration at 8:00 o'clock" is indicative of sexual abuse.90
The private complainant categorically stated that the accused (her father) had sexual intercourse with her. The private complainant clearly described the rape incident. "After he pulled my waist, he had me face him and he pulled down my shorts and. at that time I was not wearing any panty then he inserted his penis into my vagina but first he inserted his finger." This candid description of the molestations is a direct statement that undoubtedly shows carnal knowledge by the accused with his daughter.94 (Emphasis in the original)It is likewise immaterial that it took AAA more than two (2) years before divulging the sexual abuse she experienced at her father's hands.
Given her disclosure or her revelation that her father inserted his finger and later his penis into her vagina but not having disclosed immediately because of fear which is a normal reaction of children, and then having disclosed only to an aunt about 3 years later, which again is a normal reaction of children especially if they do find a person whom they can trust and whom they can feel safe with, between 1996 and 1999 if there were any injuries at that point in 1996, that could have healed and giving us these results in 1999.95 (Emphasis supplied)This Court also notes that AAA asked, "Pa, where is Nanay?"96 when she woke up to find her father lying beside her. Her question was telling. At that moment, she perhaps already entertained a fear that something so wrong was about to happen to her. At the same time, she was trying to tell him that her mother would not approve of what he was about to do.
[T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person[.]As with the rape case, the parties in the case for acts of lasciviousness also affirmed BBB's minority at the time of the assault and her relationship with Divinagracia.
Such finding of lasciviousness is solely attributable to the testimony of the private complainant BBB whom the court considers credible and competent. BBB categorically stated that the accused (her father) lay down beside her, embraced her and poked his penis to her buttocks. BBB clearly recalled the manner the lascivious acts by demonstrating these in the court. "He embraced me tightly this way (witness demonstrating by closing her arms in front of her fist), the (sic) after that he slipped his hand from here up to here, touching my body (witness demonstrating by tracing her palm from the left thigh upward towards the left side of her body under her armpit." This candid description of the molestation is a direct statement that undoubtedly proves the crime committed by the accused with his daughter.103 (Emphasis in the original, citation omitted)Compared to his daughter's candid and categorical testimony, Divinagracia's defense of denial must fail. Imbo v. People104 emphasized that the self-serving defense of denial falters against the "positive identification by, and straightforward narration of the victim."105
Section 5. Child Prostitution and Other Sexual Abuse. —The Regional Trial Court correctly set the penalty of reclusion perpetua for rape. However, since the victim was under twelve (12) years of age at the time of the crime, the imposable penalty for lascivious conduct should have been within the range of 14 years, 8 months, and 1 day to 17 years and 4 months, or reclusion temporal in its medium period, as mandated by Republic Act No. 7610. Instead, the Regional Trial Court imposed the range of 14 years and 4 months to 17 years and 4 months. Applying the Indeterminate Sentence Law107 and with the presence of the alternative aggravating circumstance108 of relationship, the maximum term of the sentence to be imposed should be taken from the maximum period of the imposable penalty, that is reclusion temporal maximum, which ranges from 17 years, 4 months, and 1 day to 20 years.109 The minimum term under the Indeterminate Sentence Law shall be within the range of one (1) degree lower than reclusion temporal, which is prision mayor with a total range of six (6) years and one (1) day to 12 years.110
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period[.] (Emphasis supplied)
The Court shall not award civil indemnity to the private complainant. The accused as the father of the private complainants stands to benefit from the monetary award if adjudicated to his daughters since he is a compulsory heir. The concept of indemnification is not served if the very person made to pay for his crime shall benefit from it.111The lower courts are mistaken.
1 TSN dated April 24, 2002, p. 17.
2 RULES OF COURT, Rule 124, sec. 13(c) provides:
Section 13. Certification or appeal of case to the Supreme Court. —
(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals.
3 CA rollo, pp. 31-49. The Joint Judgment was penned by Judge Marilyn Lagura-Yap.
4Rollo, pp. 3-19. The Decision, promulgated on July 30, 2012 and docketed as CA-G.R. CEB-CR-H.C. No. 01134, was penned by Associate Justice Ramon Paul L. Hernando and concurred in by Associate Justices Carmelita Salandanan-Manahan and Zenaida T. Galapate-Laguilles of the Twentieth Division, Court of Appeals, Cebu City.
5 TSN dated November 13, 2003, pp. 4-5.
6 Id. at 5, 10-11.
7Rollo, p. 8. The narration reported "November 1986" but meant "November 1996." BBB was nine (9) years old at that time while AAA was eight (8) years old.
8 TSN dated April 24, 2002, pp. 7-8.
9 Id. at 6.
10 Id. at 30-32.
11Rollo, p. 8, Court of Appeals Decision. The narration reported "November 1986" but meant "November 1996."
12 TSN dated April 24, 2002, p. 33.
13 TSN dated April 23, 2002, p. 4.
14 Id. at 5.
15 Id. at 5-6.
16Rollo, p. 8, Court of Appeals Decision.
17 Id. at 6.
18 TSN dated April 24, 2002, pp. 20-22.
19 Sister Mary Ann Abuna was a member of the religious order of the Missionaries of Eucharistic Love, Children's Home of the Immaculate Heart of Mary in Pampanga. See TSN dated September 4, 2002, p. 2.
20 TSN dated September 4, 2002, pp. 3-4.
21 Id. at 4-5.
22 Id. at 5-6.
23 Id. at 6-7.
24 Id. at 7-8.
25 RTC records (DU-8072), p. 76.
28 RTC records (DU-8072), pp. 3-5 and (DU-8074), pp. 5-6.
TSN dated September 4, 2002, pp. 9-10.
29 Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act
30 RTC Records (DU-8072), p. 1.
31 RTC Records (DU-8074), p. 1.
32 RTC Records (DU-8072), p. 17. The Information stated that BBB was 12 years old in November 1996 but it was established that she was only 9 years old considering the date of birth shown on her birth certificate.
33Rollo, p. 6, Court of Appeals Decision.
34 Id. at 6-7.
35 CA Rollo, p. 32.
36 RTC records (DU-8074), p. 20.
37Rollo, p. 7.
38 Id. at 7-8.
39 TSN dated February 12, 2003, pp. 3 and 5.
40 RTC Records (DU-8072), pp. 31-32, 64.
41 TSN dated February 12, 2003, p. 7.
43 Id. at 8-9.
44 TSN dated November 13, 2003, pp. 13-14.
45 Id. at 7.
47 Id. at 14.
48 TSN dated September 20, 2004, pp. 4-7.
49 TSN dated September 23, 2004, pp. 8-9.
50 TSN dated February 7, 2005, pp. 3-5.
51 TSN dated February 8, 2005, pp. 8-9.
52 TSN dated February 7, 2005, pp. 6-7.
53 TSN dated May 9, 2005, pp. 3-4.
54 Id. at 6-7.
55 TSN dated August 9, 2005, p. 3.
56 Id. at 5-6.
57Rollo, pp. 31-50.
58 Id. at 43-44.
59 Id. at 46.
60 Id. at 47.
61 Id. at 49.
62 Id. at 3.
63Rollo, pp. 3-19.
64 Id. at 15-16.
65 Id. at 18.
66 CA Rollo, pp. 109-111.
67Rollo, p. 25.
68 Id. at 26-29.
69 CA Rollo, pp. 14-30, Brief for the Accused-Appellant.
70Rollo, pp. 31-32.
71 CA Rollo, pp. 65-88, Brief for the Appellee.
72 Id. at 23-25.
73 Id. at 25-26.
74 Id. at 26-27.
75 Id. at 28.
76 Id. at 74.
77 Id. at 75-78.
78 Id. at 84.
79People v. Avanzado, Sr., 242 Phil. 163, 169 (1988) [Per J. Melencio-Herrera, Second Division].
80 157 Phil. 365 (1974) [Per J. Antonio, En Banc].
81 Id. at 375.
82 TSN dated April 24, 2002, p. 26.
83 TSN dated September 4, 2002, pp. 5-7.
84 TSN dated April 24, 2002, pp. 23-24.
85Rollo, pp. 17-18.
86People v. Dimanawa, 628 Phil. 678, 689 (2010) [Per J. Nachura, Third Division].
87People v. Dominguez, 667 Phil. 105, 119 (2011) [Per J. Sereno (now Chief Justice), Third Division].
88People v. Buclao, 136 Phil. 325, 336 (2014) [Per J. Leonen, Third Division] citing People v. Candellada, 713 Phil 623, 635 (2013) [Per J. Leonardo-De Castro, First Division].
89 TSN dated February 12, 2003, p. 7.
90 Id. at 8-9.
91 550 Phil. 871 (2007) [Per J. Callejo Sr., Third Division].
92 Id. at 887.
93People v. Sacabin, 156 Phil 707, 713 (1974) [Per J. Fernandez, Second Division].
94 CA Rollo, p. 44, Regional Trial Court Joint Judgment.
95 TSN dated February 12, 2003, p. 8.
96 TSN dated April 23, 2002, p. 4.
97 TSN dated April 24, 2002, pp. 30-33.
98 Id. at 33-35.
99People v. De Jesus, 695 Phil. 114, 122 (2012) [Per J. Brion, Second Division].
100 694 Phil 646 (2012) [Per J. Del Castillo, Second Division].
101 Id. at 655.
102 CA Rollo, pp. 40-43.
103 CA Rollo, p. 46.
104 G.R. No. 197712, April 20, 2015 !!HYPERLINK http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/april2015/197712.pdf [Per J. Perez, First Division].
105 Id. at 7.
106Ricalde v. People, 751 Phil 793, 807 (2015) [Per J. Leonen, Second Division]; Garingarao v. People, 669 Phil. 512, 522 (2011) [Per J. Carpio, Second Division]; People v. Tagaylo, 398 Phil. 1123, 1131-1132 (2000) [Per CJ Davide, Jr., First Division].
107 Act No. 4103 (1933).
108 Revised REV. PEN. CODE Penal Code, art. 15 provides:
Article 15. Their concept. — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional it shall be considered as an aggravating circumstance.
109 REV. PEN. CODE, art. 76.
110 REV. PEN. CODE, art. 76.
111 CA Rollo, p. 48, Regional Trial Court Joint Judgment.
112 REV. PEN. CODE, art. 100.
113Bagumbayan Corp. v. Intermediate Appellate Court, 217 Phil. 421, 425-426 (1984) [Per J. Aquino, Second Division].
114Lambert v. Heirs of Castillon, 492 Phil. 384, 395, citing CESAR SANGCO, TORTS & DAMAGES 986 (1994 ed.) [Per J. Ynares-Santiago, First Division].
115 CIVIL CODE, art. 2229 provides:
Article 2229. Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated, or compensatory damages.
116 CIVIL CODE, art. 2230 provides:
Article 2230. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party.
117People v. Juguela, G.R. No. 202124, April 5, 2016 [Per J. Peralta, En Banc].
118 753 Phil 637, 652 (2015) [Per J. Carpio, Second Division].
119Ricalde v. People, 751 Phil 793, 816 (2015) [Per J. Leonen, Second Division].