G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA - July 2003 - Philipppine Supreme Court Decisions
G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA - July 2003 - Philipppine Supreme Court Decisions
THIRD DIVISION
ChanRobles On-Line
PEOPLE OF THE PHILIPPINES, Petitioner-Appellee,
Bar Review
v. NICANOR ROA, Accused-Appellant.
DECISION
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
Contrary to law. 1
Contrary to law. 2
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
More than two months after the May 25, 1997 incident
or on July 29, 1997, around 1:25 a.m., Nina was, like
her brother with whom she shared her bedroom,
sleeping. 12 She was once again awakened when
appellant, also again armed with a bladed weapon,
suddenly entered her room. 13 Just like the May 25,
1997 incident, appellant removed her shorts and panty,
14 after which he too removed his pants and brief and
threatened Nina that he’ll kill her if she shouted. 15
Appellant thereafter went on top of her and inserted his
penis into her vagina. 16 His carnal desire satisfied,
appellant left the room. 17
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
SO ORDERED.25 cralaw:red
x x x
A: Yes, sir.
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
For bruises,
Q: And what were you doing on that date and time?
swelling, or
pain A: I was sleeping, sir.
Don't be limited by Q: And who were or was your companion, if any, inside
bruises or swelling. If your bedroom?
symptoms persist,
consult your doctor.
A: My brother, sir.
Hirudoid
Q: How old or young was your brother then?
A: 23 years, sir.
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x x x
x x x 27
A: Yes, ma’am.
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
A: Yes, ma’am.
A: Yes, ma’am.
x x x 28 (Emphasis supplied)
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
A: Yes, sir.
A: My brother, sir.
A.C. No. 5148 July
1, 2003 - RAMON P. Q: How old or young was your brother then?
REYES v. VICTORIANO
T. CHIONG A: 23 years, sir.
A.C. No. 5804 July Q: While you were sleeping were you able to sleep
1, 2003 - BENEDICTO continuously up to the following morning?
HORNILLA, ET AL. v.
ERNESTO S. SALUNAT A: No, sir.
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
G.R. No. 146696 A: He made me lay down, he inserted his penis into my
July 3, 2003 - PEOPLE vagina.
OF THE PHIL. v.
LEONILO L. PIDOY Q: What was his position when he inserted his penis into
your vagina?
G.R. No. 152032
July 3, 2003 - A: He was on top of me.
GALLARDO U. LUCERO
v. CA, ET AL. Q: Now, how long did he take to insert his penis into
your vagina?
G.R. No. 152044
July 3, 2003 - A: Three minutes, sir.
DOMINGO LAGROSA,
ET AL. v. PEOPLE OF Q: What was your feeling during all the time that he was
THE PHIL., ET AL. inserting his penis into your vagina?
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
G.R. Nos. 148368- Q: Who was with you at that time inside the bedroom?
70 July 8, 2003 -
PEOPLE OF THE PHIL. A: My brother, sir.
v. EDUARDO M.
FABIAN Q: Were you able to sleep well that night?
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
RUDY G. LACADIN v.
MARVIN B. MANGINO FISCAL RAZON: chanrob1es virtual 1aw library
PHIL. v. OFFICE OF
THE EXECUTIVE
Ten inches including the handle.
SECRETARY, ET AL.
SUSPENSION &
DISMISSAL OF JUDGE Yes, your Honor.
EMILIO B. LEGASPI,
RTC, Iloilo City, Br. 22 FISCAL RAZON: (To the witness)
A.M. No. MTJ-03- Q: What about the bladed weapon he was carrying
1496 July 10, 2003 - during the July 29 incident, will you kindly tell this Court
SANTOS v. MARVIN B.
MANGINO A: It was the same bladed weapon that he was carrying
on May 25, sir.
FISHERFOLK, ET AL.
v. ENRICO LANZANAS, A: He inserted his penis into my vagina.
ET AL.
Q: And he was on your top at that time?
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
G.R. No. 140183 The prosecution having by its evidence prima facie
July 10, 2003 - established appellant’s guilt beyond reasonable doubt,
TEODORO K. the burden of evidence shifted on him. Appellant’s
KATIGBAK, ET AL. v. evidence, however, is weak and fails to controvert the
SANDIGANBAYAN, ET positive declaration of Nina who was not shown to have
AL. any reason to falsely charge him. His admitted silence
when Nina’s mother confronted and even cursed him by
G.R. No. 144672 his claim, betrays his guilt just as his passivity does
July 10, 2003 - SAN when he was allegedly maltreated and haled into jail by
MIGUEL CORP. v. Nina’s father on account of the incidents. For an innocent
MAERC INTEGRATED man would certainly strongly protest and deny a false
SERVICES, INC., ET accusation and do something positive to spare himself of
AL. punishment. But he did not.
G.R. No. 150487 Following Section 32 of Rule 130 of the Revised Rules on
July 10, 2003 - Evidence which provides: chanrob1es virtual 1aw library
GERARDO F. SAMSON
JR. v. BANK OF THE SECTION 32. Admission by silence. — An act or
PHILIPPINE ISLANDS declaration made in the presence and within the hearing
observation of a party who does or says nothing when
G.R. No. 157013 the act or declaration is such as naturally to call for
July 10, 2003 - action or comment if not true, and when proper and
ROMULO B. possible for him to do so, may be given in evidence
MACALINTAL v. against him.
COMELEC, ET AL.
G.R. No. 127489 On the civil aspect of the cases, the trial court ordered
July 11, 2003 - appellant to indemnify complainant P75,000.00 for each
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
v. DOMINGO G.
OPERARIO
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
REGINA BALMORES-
LAXA
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
AL. v. SECRETARY OF
JUSTICE, ET AL.
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4/30/2021 G.R. Nos. 138195-96 July 10, 2003 - PEOPLE OF THE PHIL. v. NICANOR ROA : July 2003 - Philipppine Supreme Court Decisions
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