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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-1939 Jurisprudence                 

  • G.R. No. 46562 September 13, 1939 - BARDWIL BROS. v. PHIL. LABOR UNION

    068 Phil 436

  • G.R. No. 46673 September 13, 1939 - ANDRES P. GOSECO v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 444

  • G.R. No. 45596 September 18, 1939 - MARCOS LIPANA v. DOMlNGO LAO Y OTROS

    068 Phil 451

  • G.R. No. 46412 September 18, 1939 - PEOPLE OF THE PHIL. v. MANOJI

    068 Phil 471

  • G.R. No. 46497 September 18, 1939 - ANTONIO S. SANAGUSTIN v. CONRADO BARRIOS

    068 Phil 475

  • G.R. No. 46170 September 20, 1939 - PEOPLE OF THE PHIL. v. FERMIN PUNTO

    068 Phil 481

  • G.R. No. 46780 September 20, 1939 - FISCAL OF CAMARINES NORTE v. JUDGE OF FIRST INSTANCE OF CAMARINES NORTE

    068 Phil 483

  • G.R. No. 46108 September 22, 1939 - PEOPLE OF THE PHIL. v. DATU GALANTU MEDTED

    068 Phil 485

  • G.R. No. 46109 September 22, 1939 - PEOPLE OF THE PHIL. v. NICOLAS CARPIO

    068 Phil 490

  • G.R. No. 46197 September 22, 1939 - KINKWA MERIYASU CO. v. COLLECTOR OF CUSTOMS

    068 Phil 501

  • G.R. No. 46302 September 22, 1939 - PEOPLE OF THE PHIL. v. TORIBIO C. COSTES

    068 Phil 503

  • G.R. No. 46578 September 22, 1939 - PEOPLE OF THE PHIL. v. ANICETO MARQUEZ

    068 Phil 506

  • G.R. No. 46580 September 22, 1939 - PEOPLE OF THE PHIL. v. PEDRO DE GUZMAN

    068 Phil 508

  • G.R. No. 46602 September 22, 1939 - YAP TAK WING & CO. v. MUNICIPAL BOARD

    068 Phil 511

  • G.R. No. 46686 September 22, 1939 - TRANQUILINO RUBIS v. PHILIPPINE CHARITY SWEEPSTAKES

    068 Phil 515

  • G.R. No. 46715 September 22, 1939 - PEOPLE OF THE PHIL. v. EMILIO DE JESUS

    068 Phil 517

  • G.R. No. 46068 September 23, 1939 - PEOPLE OF THE PHIL. v. EUSTAQUIO CAROZ

    068 Phil 521

  • G.R. No. 46650 September 23, 1939 - MARIO BENGZON v. AUDITOR GENERAL

    068 Phil 527

  • G.R. No. 46652 September 23, 1939 - PEOPLE OF THE PHIL. v. CASIMIRO CONCEPCION

    068 Phil 530

  • G.R. Nos. 46802-46812 September 23, 1939 - PEOPLE OF THE PHIL. v. RESURRECCION B. PEÑAS

    068 Phil 533

  • G.R. No. 46739 September 23, 1939 - PAMPANGA BUS CO., INC. v. PAMBUSCO EMPLOYEES UNION

    068 Phil 541

  • G.R. No. 46668 September 26, 1939 - GOVERNMENT OF THE PHIL. v. PAMPANGA SUGAR MILLS

    068 Phil 547

  • G.R. No. 46729 September 25, 1939 - KAPISANAN NG MGA MANGAGAWA SA PANTRANCO v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 552

  • Adm. Case No. 879 September 27, 1939 - PEDRO DE GUZMAN v. TOMAS B. TADEO

    068 Phil 554

  • G.R. No. 46080 September 27, 1939 - GUILLERMO A. CU UNJIENG v. HONGKONG & SHANGHAI BANKING CORP.

    068 Phil 559

  • G.R. No. 46094 September 27, 1939 - PEOPLE OF THE PHIL. v. FERNANDO C. QUEBRAL

    068 Phil 564

  • G.R. No. 46237 September 27, 1939 - ROSALIO MARQUEZ v. BERNARDO CASTILLO

    068 Phil 568

  • G.R. No. 46350 September 27, 1939 - TAN CHAY v. GOVERNMENT OF THE PHIL.

    068 Phil 572

  • G.R. No. 46470 September 27, 1939 - JUAN CASTILLO v. DIRECTOR OF LANDS

    068 Phil 577

  • G.R. No. 46539 September 27, 1939 - PEOPLE OF THE PHIL. v. VALENTIN DOQUEÑA

    068 Phil 580

  • G.R. Nos. 46553-46555 September 27, 1939 - PEOPLE OF THE PHIL. v. LEON FABILLAR

    068 Phil 584

  • G.R. No. 46615 September 27, 1939 - PEOPLE OF THE PHIL. v. ALBERTO AQUINO

    068 Phil 588

  • G.R. No. 46727 September 27, 1939 - PAMBUSCO EMPLOYEES’ UNION v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 591

  • G.R. No. 46168 September 29, 1939 - INTERNATIONAL HARVESTER CO. OF THE PHIL. v. DELFIN MAHINAY

    068 Phil 597

  • G.R. No. 46336 September 29, 1939 - REVEREND ULRIC ARCAND v. PEOPLE OF THE PHIL.

    068 Phil 601

  • G.R. No. 46458 September 29, 1939 - ERLANGER & GALINGER v. HERMENEGILDO G. ALAGAR

    068 Phil 610

  • G.R. No. 46725 September 29, 1939 - PEOPLE OF THE PHIL. v. MAXIMINO AQUINO

    068 Phil 615

  • G.R. No. 46023 September 30, 1939 - PEOPLE OF THE PHIL. v. JESUS FLORENDO

    068 Phil 619

  • G.R. No. 46252 September 30, 1939 - PEOPLE OF THE PHIL. v. LEONOR DE MOLL

    068 Phil 626

  • G.R. No. 46298 September 30, 1939 - PEOPLE OF THE PHIL. v. DATU AMBIS

    068 Phil 635

  • G.R. No. 46390 September 30, 1939 - CASIMIRO TIANGCO v. PROCESO FRANCISCO

    068 Phil 639

  • G.R. No. 46396 September 30, 1939 - ALEJANDRO DE GUZMAN v. VISAYAN RAPID TRANSIT CO.

    068 Phil 643

  • G.R. No. 46451 September 30, 1939 - PAZ CHUA v. SECRETARY OF LABOR

    068 Phil 649

  • G.R. No. 46484 September 30, 1939 - SANTIAGO SAMBRANO v. RED LINE TRANSPORTATION CO., INC.

    068 Phil 652

  • G.R. No. 46724 September 30, 1939 - CRESCENCIO REYNES v. ROSALINA BARRERA

    068 Phil 656

  • G.R. No. 46728 September 30, 1939 - PEOPLE OF THE PHIL. v. EDUARDO MONTENEGRO

    068 Phil 659

  •  





     
     

    G.R. No. 46539   September 27, 1939 - PEOPLE OF THE PHIL. v. VALENTIN DOQUEÑA<br /><br />068 Phil 580

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 46539. September 27, 1939.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VALENTIN DOQUEÑA, Defendant-Appellant.

    Primicias, Abad, Mencias & Castillo for Appellant.

    Assistant Solicitor-General Concepcion and Assistant Attorney Paredes, jr ., for Appellee.

    SYLLABUS


    CRIMINAL LAW AND PROCEDURE; HOMICIDE; MINOR WHO ACTED WITH DISCERNMENT. — Counsel for the appellant argues that to determine whether or not a minor acted with discernment, we must take into consideration not only the facts and circumstances which gave rise to the act committed by the minor, but also his state of mind at the time the crime was committed, the time he might have had at his disposal for the purpose of meditating on the consequences of his act, and the degree of reasoning he could have had at that moment. He mistakes the discernment referred to in article 12, subsection 3, of the Revised Penal Code, for premeditation, or at least for lack of intention which, is a mitigating circumstance, is included among other mitigating circumstances in article 13 of said Code. The discernment that constitutes an exception to the exemption from criminal liability of a minor under fifteen years of age but over nine, who commits an act prohibited by law, is his mental capacity to understand the difference between right and wrong, and such capacity may be known and should be determined by taking into consideration all the facts and circumstances afforded by the records in each case, the very appearance, the very attitude, the very comportment and behavior of said minor, not only before and during the commission of the act, but also after and even during the trial (U. S. v. Maralit,;36 Phil., 155). This was done by the trial court, and the Conclusion arrived at by it is correct.


    D E C I S I O N


    DIAZ, J.:


    The accused-appellant, who is a minor, was prosecuted for homicide in the Court of First Instance of Pangasinan, for having killed Juan Ragojos by stabbing him in the breast with a knife on November 19, 1938, in the municipality of Sual, Pangasinan. The court, after trying the case, held that the accused acted with discernment in committing the act imputed to him and, proceeding in accordance with the provisions of article 80 of the Revised Penal Code, as amended by Commonwealth Act No. 99, ordered him to be sent to the Training School for Boys to remain therein until he reaches the age of majority. From this order the accused interposed an appeal alleging that the court erred in holding that he had acted with discernment and in not having dismissed the case.

    On the date of the crime, the appellant was exactly thirteen years, nine months and five days old. The incident that gave rise to the aggression committed by him on the deceased is narrated in the appealed order as follows:jgc:chanrobles.com.ph

    "Between 1 and 2 o’clock in the afternoon of November 19,1938, the now deceased Juan Ragojos and one Epifanio Rarang were playing volleyball in the yard of the intermediate school of the municipality of Sual, Province of Pangasinan. The herein accused, who was also in said yard, intervened and, catching the ball, tossed it at Juan Ragojos, hitting him on the stomach. For this act of the accused, Juan Ragojos chased him around the yard and, upon overtaking him, slapped him on the nape. Said accused then turned against the deceased assuming a threatening attitude, for which reason said deceased struck him on the mouth with his fist, returning immediately to the place where Epifanio Rarang was in order to continue playing with him. The accused, offended by what he considered an abuse on the part of Juan Ragojos, who was taller and more robust than he, looked around the yard for a stone with which to attack the now deceased Juan Ragojos, but finding none, he approached a cousin of his named Romualdo Cocal, to ask the latter to lend him his knife. Epifanio Rarang, who had heard what the accused had been asking his cousin, told the latter not to give the accused his knife because he might attack Juan Ragojos with it. The accused, however, succeeded in taking possession of the knife which was in a pocket of his cousin’s pants. Once in possession of the knife, Valentin Doqueña approached Juan Ragojos and challenged the latter to give him another blow with his fist, to which the deceased answered that he did not want to do so because he (Juan Ragojos) was bigger than the accused. Juan Ragojos, ignorant of the intentions of the accused, continued playing and, while he was thus unprepared and in the act of stopping the ball with his two hands, the accused stabbed him in the chest with the knife which he carried."cralaw virtua1aw library

    The order also contains the following conclusions and findings of fact which we are not at liberty to alter, not being called upon or authorized to do so, in view of the nature of the appeal before us, by section 138 of the Administrative Code, as amended by commonwealth Act No. 3:jgc:chanrobles.com.ph

    "Taking into account the fact that when the accused Valentin Doqueña committed the crime in question, he was a 7th grade pupil in the intermediate school of the municipality of Sual, Pangasinan, and as such pupil, he was one of the brightest in said school and was a captain of a company of the cadet corps thereof, and during the time he was studying therein he always obtained excellent marks, this court is convinced that the accused in committing the crime, acted with discernment and was conscious of the nature and consequences of his act, and so also has this court observed at the time said accused was testifying in his behalf during the trial of this case."cralaw virtua1aw library

    The proven facts, as stated by the lower court in the appealed order, convinces us that the appeal taken from said order is absolutely unfounded, because it is error to determine discernment by the means resorted to by the attorney for the defense, as discussed by him in his brief. He claims that to determine whether or not a minor acted with discernment, we must take into consideration not only the facts and circumstances which gave rise to the act committed by the minor, but also his state of mind at the time the crime was committed, the time he might have had at his disposal for the purpose of meditating on the consequences of his act, and the degree of reasoning he could have had at that moment. It is clear that the attorney for the defense mistakes the discernment referred to in article 12, subsection 3, of the Revised Penal Code, for premeditation, or at least for lack of intention which, as a mitigating circumstance, is included among other mitigating circumstances in article 13 of said Code. The discernment that constitutes an exception to the exemption from criminal liability of a minor under fifteen years of age but over nine who commits an act prohibited by law, is his mental capacity to understand the difference between right and wrong, and such capacity may be known and should be determined by taking into consideration all the facts and circumstances accorded by the records in each case, the very appearance, the very attitude, the very comportment and behavior of said minor, not only before and during the commission of the act, but also after and even during the trial (U. S. v. Maralit, 36 Phil., 155). This was done by the trial court, and the conclusion arrived at by it is correct.

    Wherefore, the appealed order is affirmed, with the costs to the appellant. So ordered.

    Avanceña, C.J., Villa-Real, Imperial, Laurel, and Concepcion, JJ., concur.

    G.R. No. 46539   September 27, 1939 - PEOPLE OF THE PHIL. v. VALENTIN DOQUEÑA<br /><br />068 Phil 580


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