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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-1927 Jurisprudence                 

  • G.R. No. 27484 September 1, 1927 - ANGEL LORENZO v. DIRECTOR OF HEALTH

    050 Phil 595

  • G.R. No. 26957 September 2, 1927 - PEOPLE OF THE PHIL. v. SIMEON YUSAY

    050 Phil 598

  • G.R. No. 26360 September 7, 1927 - PEOPLE OF THE PHIL. v. ERIBERTO CALLE

    050 Phil 616

  • G.R. No. 27234 September 7, 1927 - ROMAN CATHOLIC BISHOP OF NUEVA SEGOVIA v. COLLECTOR OF INTERNAL REVENUE

    050 Phil 618

  • G.R. No. 26659 September 9, 1927 - GOVERNMENT OF THE PHIL. v. JOAQUIN SERNA

    050 Phil 624

  • G.R. No. 26672 September 9, 1927 - PROCESO ECHARRI v. FELICIANO GOMEZ

    050 Phil 629

  • G.R. No. 27054 September 9, 1927 - MACARIA SOLIS v. CHUA PUA HERMANOS

    050 Phil 636

  • G.R. Nos. 26853-26855 September 10, 1927 - PEOPLE OF THE PHIL. v. HIPOLITO UNDIANA

    050 Phil 641

  • G.R. No. 27143 September 10, 1927 - QUINTILLANA SAMSON v. MANUEL CARRATALA

    050 Phil 647

  • G.R. No. 27178 September 10, 1927 - TIMOTEO UNSON v. SMITH, BELL & CO.

    050 Phil 654

  • G.R. No. 27213 September 10, 1927 - PEOPLE OF THE PHIL. v. LINO S. TAN

    050 Phil 660

  • G.R. No. 27449 September 10, 1927 - CHUA PUA HERMANOS v. REGISTER OF DEEDS OF BATANGAS

    050 Phil 670

  • G.R. Nos. 26598 & 26599 September 17, 1927 - SIA SIMEON VELEZ v. RAMON CHAVES

    050 Phil 676

  • G.R. No. 26671 September 17, 1927 - MUNICIPALITY OF ORION v. F. B. CONCHA

    050 Phil 679

  • G.R. No. 27209 September 17, 1927 - ANDRES M. GABRIEL v. PROVINCIAL BOARD OF PAMPANGA

    050 Phil 686

  • G.R. No. 27020 September 19, 1927 - ASIA BANKING CORPORATION v. M. J. MCCUENE

    050 Phil 694

  • G.R. No. 27498 September 20, 1927 - IN RE: JOSEFA TONGCO v. ANASTACIA VIANZON

    050 Phil 698

  • G.R. No. 28320 September 20, 1927 - RUFO SAN JUAN v. PERFECTO ABORDO

    050 Phil 703

  • G.R. No. 26849 September 21, 1927 - GOVERNMENT OF THE PHIL. v. MARTINO TOMBIS TRIÑO

    050 Phil 708

  • G.R. No. 26771 September 23, 1927 - RUPERTO SANTOS v. PUBLIC SERVICE COMMISSION

    050 Phil 720

  • G.R. No. 27180 September 24, 1927 - TEODORO DE CASTRO v. MARINO OLONDRIZ

    050 Phil 725

  • G.R. No. 26538 September 27, 1927 - PEOPLE OF THE PHIL. v. FLORENTINO SORIANO

    050 Phil 735

  • G.R. No. 26844 September 27, 1927 - ISABEL FLORES v. TRINIDAD LIM

    050 Phil 738

  • G.R. No. 26941 September 27, 1927 - JUAN ARQUIZA LUTA v. MUNICIPALITY OF ZAMBOANGA

    050 Phil 748

  • G.R. No. 27048 September 27, 1927 - SILVESTRA BARON v. ANSELMO SAMPANG

    050 Phil 756

  • G.R. No. 27552 September 27, 1927 - MANILA MERCANTILE Co. v. MARIANO FLORES

    050 Phil 759

  • G.R. No. 28117 September 27, 1927 - LORENZA SUÑGA v. FRANCISCO TINGIN

    050 Phil 766

  • G.R. No. 27110 September 28, 1927 - PEOPLE OF THE PHIL. v. GUILLERMO MIANA

    050 Phil 771

  • G.R. No. 27120 September 28, 1927 - JUANA AGAPITO v. CANDIDO MOLO

    050 Phil 779

  • G.R. No. 26708 September 29, 1927 - PEOPLE OF THE PHIL. v. ALEJO RESABAL

    050 Phil 780

  • G.R. No. 27483 September 29, 1927 - ENCARNACION RAMOS v. JUSTO DUEÑO

    050 Phil 786

  • G.R. No. 27895 September 30, 1927 - CLEMENTE REYES v. PABLO BORBON

    050 Phil 791

  • G.R. No. 27040 September 29, 1927 - PEOPLE OF THE PHIL. v. FAUSTINO GARALDE

    052 Phil 1000

  •  





     
     

    G.R. No. 26360   September 7, 1927 - PEOPLE OF THE PHIL. v. ERIBERTO CALLE<br /><br />050 Phil 616

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 26360. September 7, 1927.]

    THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. ERIBERTO CALLE, Defendant-Appellant.

    Tirona, Faustino & Leviste for Appellant.

    Attorney-General Jaranilla for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; HOMICIDE; CRIMINAL LIABILITY; CONSPIRACY. — The conspiracy entered into by the robbers of a house, revealed by the concerted and joint action of the same, having been proven, each and every one of them is liable for the criminal acts committed by the members of the band.


    D E C I S I O N


    ROMUALDEZ, J.:


    The appellant is one of the herein accused and was convicted by the Court of First Instance of Cavite of the crime of robbery in band with homicide. The penalty imposed upon the herein appellant is that of cadena perpetua.

    The facts proven are, that at midnight on May 28, 1925, the herein appellant and seven other persons approached the house of the spouses Galicano Ortega and Juana Garcia and ordered the man who was in the house to come out. Galicano Ortega hid under the house. One of the assailants focused his flashlight and as they saw Galicano Ortega, whom they had ordered to come out, they pushed him out and as soon as he was out they fired a shot at him killing him, later forcing his wife Juana Garcia to stand by his body while they all went upstairs in the house and opened a trunk and appropriated P6.50.

    It was proven beyond a reasonable doubt that the herein appellant was one of those assailants. He admitted it in his extrajudicial statement Exhibit C, the admissibility of which as evidence is impugned by the defense. But it sufficiently appears that the admissions contained in said document were voluntarily and spontaneously made. The torture alleged by the defense to have been employed as a means of obtaining said admissions has not been proven.

    That Eriberto Calle, the herein appellant, was the one who fired the shot that killed Galicano Ortega has not been sufficiently proven because that point only appears in the extrajudicial declarations of his coaccused, later denied by them at the trial of the case; but the conspiracy revealed by the concerted and joint action of these accused having been proven (People v. Crisostomo, 46 Phil., 775; and People v. Reyes, 47 Phil., 948), each and every one is liable for the criminal acts committed by the members in the band (U. S. v. Macalalad, 9 Phil., 1; U. S. v. Reogilon and Dingle, 22 Phil., 127; U. S. v. Zalsos and Ragmac, 40 Phil., 96).

    In voting the present case some of the members of the court voted that the death penalty should be imposed upon the herein appellant in view of the aggravating circumstance of nocturnity, not offset by any mitigating circumstance, inasmuch as the circumstance that the appellant had no intention of committing so great a wrong, which was taken into account by the trial court, cannot be held to have attended the commission of the crime in question. The vote of the court, however, was not unanimous on this point and the writer feels that the extreme penalty is not quite proper in the present case, taking into consideration all of the circumstances that surrounded the commission of the crime now before us.

    The result of our vote in this case is the affirmance of the judgment appealed from which is therefore hereby affirmed, with the costs against the appellant. So ordered.

    Avanceña, C.J., Johnson, Street, Malcolm, Villamor, Johns, and Villa-Real, JJ., concur.

    G.R. No. 26360   September 7, 1927 - PEOPLE OF THE PHIL. v. ERIBERTO CALLE<br /><br />050 Phil 616


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