Lawyers Attorneys Philippines: Philippine Supreme Court Jurisprudence
Lawyers Attorneys Philippines: Philippine Supreme Court Jurisprudence
SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
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Philippine Supreme Court Jurisprudence > Year 2002 > April 2002
Decisions > G.R. No. 138365 April 16, 2002 - PEOPLE OF THE
ChanRobles PHIL. v. SAMSON BARTOLOME:
Professional Review,
Inc.
EN BANC
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
DECISION
VITUG, J.:
ChanRobles On-Line
Bar Review
The Court must here again make a painstaking effort to assess the
conflicting testimony of a rape victim and that of her alleged
tormentor to satisfy the judicial conscience that the horrendous
crime has indeed been committed and that the State can thereby
lawfully forfeit the offender’s right to live or to be free.
Samson Bartolome was indicted for rape before the Regional Trial
Court ("RTC"), Branch 43, of Virac, Catanduanes, in an Information
that read: jgc:chanrobles.com.ph
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
ChanRobles Special Rosalinda Trinidad had been married to but separated from Lina’s
Lecture Series father. Lina served dinner to Bartolome because her mother was at
the time in Virac, Catanduanes. After cleaning up the dinner table,
Lina finally joined her siblings to bed but, first, she gathered
something to read to invite sleep. Just as she was drowsing off,
Bartolome jolted her awake. When she opened her eyes, she was
surprised to see him lying by her side. She stood up and tried to
excuse herself. Bartolome grabbed her shirt and pulled her back to
bed. He embraced and began caressing Lina, removed her shirt
and sucked her nipples. Lina was astounded, she cried and begged
him to stop but her pleas fell on deaf ears. He warned her that if
she would not keep silent, he would cut off her tongue or insert his
batangas knife into her vagina. Bartolome, now drowned in his
lustful desires, removed Lina’s panty and mounted her. He inserted
his penis into her vagina. The batangas knife remained a mute but
threatening fixture by her side. Lina, although raging with
emotions, had to keep mum all throughout the ordeal.
SPONSORED SEARCHES
The younger brother of Lina, Romeo Trinidad, was only an arm’s
legal law cases
length away and watched the whole scene just as it was unfolding
criminal case before his eyes. Romeo corroborated the testimony of Lina. He said
that in the morning that followed, he accompanied his sister to
civil cases their uncle Jessie, and they later reported the incident to the police
which forthwith conducted an investigation.
person Ander
murder cases Lina was brought to Pandan District Hospital. Dr. Perlasita G.
Buendia, who conducted the physical examination, made a report;
murder cases
"Physical Exam: chanrob1es virtual 1aw library
criminal case
court documents majora and labia minora, (L) and (R), about
- No bleeding, no hematoma.
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
court documents
Admits index finger with difficulty.
judgement search
The trial court found for the prosecution and convicted the accused
G.R. No. 135693 April 1,
of the crime with which he was charged; it held: jgc:chanrobles.com.ph
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
A.M. No. MTJ-02-1409 "A He knocked at the door, and I opened it for him. I prepared
April 5, 2002 - ATTY. some food for him and he ate.
JOSELITO A. OLIVEROS v.
JUDGE ROMULO G. "Q After taking his supper, what happened next?
CARTECIANO
"A He slept by the door while I took my supper and after that, I
G.R. No. 117355 April 5, started reading something.
2002 - RIVIERA FILIPINA,
INC. v. COURT OF "Q After reading, what happened next?
APPEALS, ET AL.
"A When I got sleepy, I went to sleep and I noticed later on that he
G.R. No. 126136 April 5, was lying down beside me.
2002 - PEOPLE OF THE
PHIL. v. YAMASHITO "Q What happened next when you noticed that he was already
RONQUILLO beside you?
G.R. No. 143706 April 5, "A I was about to transfer to another place because we were only
2002 - LAW FIRM OF under one mosquito net but I was not allowed to leave.
ABRENICA, TUNGOL &
TIBAYAN, ET AL. v. COURT "Q In your estimate, what time was it
OF APPEALS, ET AL.
"A About 11:00 o’clock in the evening.
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
G.R. No. 147997 April 5, "A I kept on crying and said I don’t want it Papa.
2002 - TALA REALTY
SERVICES CORP. v. "Q When you uttered those words, what else did he do, if any?
BANCO FILIPINO SAVINGS
AND MORTGAGE BANK "A Then he said, ‘where is the Batangas knife, I am going to cut off
your tongue.’
G.R. No. 149148 April 5,
2002 - SUSAN MENDOZA- "Q After uttering those words, what happened next?
ARCE v. OFFICE OF THE
OMBUDSMAN (VISAYAS), "A And then he told me, ‘Stop crying, you can do it.’
ET AL.
"Q After uttering those words, what else did he do, if any?
A.M. No. 00-1529-RTJ
April 9, 2002 - ATTY. FRED "A Then he asked me where my mother was and I told him she
HENRY V. MARALLAG, ET was in Virac.
AL. v. JUDGE LORETO
CLORIBEL-PURUGGANAN "Q After you told him that your mother was in Virac, what did you
do?
G.R. No. 141396 April 9,
2002 - DEOGRACIAS "A Then, I told him I don’t want it because I might get pregnant.
MUSA, ET AL. v. SYLVIA But he told me that just in case I might get pregnant, we will have
AMOR it removed.
G.R. No. 144493 April 9, "Q After that, what happened next?
2002 - CRISTINA JENNY
CARIÑO v. EXEC. DIR. "A I kept on crying but he said, ‘where is the Batangas knife, I am
DAVID DAOAS going to cut off your tongue.’
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
ABELARDO
"A He removed my panty.
G.R. No. 138084 April
10, 2002 - MALAYAN "Q After removing your panty, what happened next?
INSURANCE CO. v. PHIL.
NAILS AND WIRES CORP. "A He raped me.
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
A.M. No. MTJ-02-1411 In order that the defense of alibi might, in any case, possibly
April 11, 2002 - JOCELYN prosper, it would not suffice that an accused could prove his being
T. BRIONES v. JUDGE away from, but should likewise show that it would have been
FRANCISCO A. ANTE, JR. physically impossible for him to be at, the locus criminis at the
time of its occurrence 7 Here, the accused himself admitted that
G.R. No. 115103 April the house of his aunt and cousin, neither of whom was presented
11, 2002 - BUREAU OF at the witness stand to corroborate the alibi, was only a kilometer
INTERNAL REVENUE v. away from where he and the complainant were staying.
OFFICE OF THE
OMBUDSMAN Section 11 (1) of Republic Act 7659, 8 in relation to Article 335 of
the Revised Penal Code, prescribes the penalty of death when the
G.R. No. 116850 April rape victim is under 18 years of age and the offender is a parent,
11, 2002 - DR. LAMPA I. ascendant, stepparent, guardian, relative by consanguinity or
PANDI, ET AL. v. COURT affinity, within the third civil degree, or the common-law spouse of
OF APPEALS, ET AL. the parent of the victim. The concurrence of the minority of the
victim and her relationship with the accused is essential in order to
G.R. No. 124354 April qualify the crime and to warrant the imposition of the death
11, 2002 - ROGELIO E. penalty. 9 These twin circumstances are requirements that are to
RAMOS, ET AL. v. COURT be duly and exactingly alleged and proved before the life of the
OF APPEALS, ET AL. accused may be taken away by the State. chanrob1es virtua1 1aw 1ibrary
G.R. No. 131478 April In this case, the minority of the complainant was shown by her
11, 2002 - PEOPLE OF birth certificate, 10 which the prosecution and the defense
THE PHIL. v. RAYMUNDO stipulated to be genuine. 11 The good evidence of a person’s age,
CORFIN indeed, would be the birth certificate, being an official record made
in the performance of duty by a public officer. 12 The statement in
G.R. No. 132376 April the information on the relationship of the appellant and the
11, 2002 - PEOPLE OF complainant, on the other hand, was not definitive and precise
THE PHIL. v. SAMINA enough to be considered legally sufficient, for while the information
ANGELES mentioned appellant as a "stepfather," he was also alluded to in
the same document as just being the common-law husband of
G.R. No. 133005 April complainant’s mother. In order that the extreme penalty of death
11, 2002 - PEOPLE OF could be imposed, the qualifying circumstances should both be
THE PHIL. v. PONCIANO recited in the information and proved in evidence with such equal
BALUYA certainty and clarity as the crime itself. The imposition by the trial
court of the penalty of death must thus be reduced to reclusion
G.R. No. 135521 April perpetua.
11, 2002 - PEOPLE OF
THE PHIL. v. FRANCISCO Pursuant to prevailing jurisprudence, the victim is entitled to a civil
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
A. DESIERTO
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
BUSTAMANTE, ET AL. v.
COURT OF APPEALS, ET
AL.
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
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G.R. No. 138365 April 16, 2002 - PEOPLE OF THE PHIL. v. SAMSON BARTOLOME : April 2002 - Philipppine Supreme Court Decisions 2/12/21, 11:50 AM
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