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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
 

   
May-1949 Jurisprudence                 

  • G.R. No. L-1674 May 9, 1949 - PEOPLE OF THE PHIL. v. PABLO SOMERA

    083 Phil 548

  • G.R. No. L-1765 May 9, 1949 - PEOPLE OF THE PHIL. v. MARIO TANDUG

    083 Phil 551

  • G.R. No. L-1881 May 9, 1949 - MANILA TERMINAL COMPANY v. LA CORTE DE RELACIONES INDUSTRIALES

    083 Phil 559

  • G.R. No. L-1512 May 12, 1949 - EL PUEBLO DE FILIPINAS v. FEDERICO

    083 Phil 569

  • G.R. No. L-1900 May 12, 1949 - PEOPLE OF THE PHIL. v. ALFREDO LACSON

    083 Phil 574

  • G.R. No. L-2064 May 12, 1949 - PEOPLE OF THE PHIL. v. ELIGIO TORRES

    083 Phil 595

  • G.R. No. L-1769 May 13, 1949 - PURITA PANAGUITON v. FLORENTINO PATUBO

    083 Phil 605

  • G.R. No. L-1833 May 13, 1949 - MEDARDO MUÑOZ v. EMILIO RILLORAZA

    083 Phil 609

  • G.R. No. L-792 May 14, 1949 - PEOPLE OF THE PHIL. v. E.C. CAÑADA

    083 Phil 612

  • G.R. No. L-1429 May 16, 1949 - PEOPLE OF THE PHIL. v. RICARDO AQUINO Y ABALOS

    083 Phil 614

  • G.R. No. L-1950 May 16, 1949 - LAO SENG HIAN v. NATIVIDAD ALMEDA LOPEZ

    083 Phil 617

  • G.R. No. L-2014 May 16, 1949 - PEOPLE OF THE PHIL. v. BENJAMIN Z. YELO

    083 Phil 618

  • G.R. No. L-1212 May 18, 1949 - EL PUEBLO DE FILIPINAS v. CELESTINO BASA Y OTROS

    083 Phil 622

  • G.R. No. L-1918 May 18, 1949 - PEDRO L. FLORES v. PERFECTO R. PALACIO

    083 Phil 626

  • G.R. No. L-2484 May 18, 1949 - LEE KO v. DIONISIO DE LEON

    083 Phil 628

  • G.R. No. L-2117 May 19, 1949 - PEOPLE OF THE PHIL. v. APOLONIO SOMBILON

    083 Phil 631

  • G.R. No. L-1471 May 20, 1949 - PEOPLE OF THE PHIL. v. JULIAN ORAZA

    083 Phil 633

  • G.R. No. L-1917 May 20, 1949 - CATALINO MAGLASANG v. CIRILO C. MACEREN

    083 Phil 637

  • G.R. No. L-2245 May 20, 1949 - AMBROSIO CARBUNGCO v. RAFAEL AMPARO

    083 Phil 638

  • G.R. No. L-2831 May 20, 1949 - BERNARDO TORRES v. MAMERTO S. RIBO

    083 Phil 642

  • G.R. No. L-432 May 23, 1949 - PEOPLE OF THE PHIL. v. IGNACIO CALINAWAN

    083 Phil 647

  • G.R. No. L-1795-6 May 23, 1949 - PEOPLE OF THE PHIL. v. PEDRO VALDEZ

    083 Phil 650

  • G.R. No. L-1989 May 23, 1949 - JOSE REYES y RAMIREZ v. EL TRIBUNAL DE APELACION

    083 Phil 658

  • G.R. No. L-2203 May 23, 1949 - SAN MIGUEL BREWERY v. LA CORTE DE RELACIONES INDUSTRIALES

    083 Phil 663

  • G.R. No. L-2431 May 23, 1949 - CEFERINO TAVORA v. PEDRO OFIANA

    083 Phil 672

  • G.R. No. 213 May 24, 1949 - GENEROSA A. DIA v. FINANCE & MINING INVESTMENT CORP.

    083 Phil 675

  • G.R. No. L-1700 May 24, 1949 - PEOPLE OF THE PHIL. v. LORENZO MINTU

    083 Phil 678

  • G.R. No. L-2004 May 24, 1949 - PABLO COTAOCO v. RAFAEL DINGLASAN

    083 Phil 681

  • G.R. No. L-2251 May 24, 1949 - EL PUEBLO DE FILIPINAS v. ELISA TANDAG

    083 Phil 683

  • G.R. No. L-1980 May 25, 1949 - CIPRIANO SEVILLA v. CEFERINO DE LOS SANTOS

    083 Phil 686

  • G.R. No. L-944 May 26, 1949 - PEOPLE OF THE PHIL. v. FAUSTO AVILA

    083 Phil 687

  • G.R. No. L-1823 May 26, 1949 - GERONIMO DE LOS REYES v. ARTEMIO ELEPAÑO

    083 Phil 691

  • G.R. No. L-1825 May 26, 1949 - EL PUEBLO DE FILIPINAS v. EUGENIO BERSIDA

    083 Phil 696

  • G.R. No. L-2022 May 26, 1949 - GUIA S. J0SE DE BAYER v. ERNESTO OPPEN

    083 Phil 700

  • G.R. No. L-2161 May 26, 1949 - PEOPLE OF THE PHIL. v. JAMES YOUNG

    083 Phil 702

  • G.R. No. L-2323 May 26, 1949 - M. A. ZARCAL v. S. HERRERO

    083 Phil 711

  • G.R. Nos. L-675 & L-676 May 27, 1949 - PEOPLE OF THE PHIL. v. NEMESIO LASTIMOSO

    083 Phil 714

  • G.R. No. L-1274 May 27, 1949 - PHIL. TRANSIT ASSN. v. TREASURER OF MANILA

    083 Phil 722

  • G.R. No. L-1394 May 27, 1949 - RAFAEL ROA YROSTORZA v. REPUBLIC OF THE PHIL.

    083 Phil 727

  • G.R. No. L-1861 May 27, 1949 - RIZAL SURETY AND INSURANCE CO. v. BIENVENIDO A. TAN

    083 Phil 732

  • G.R. No. L-1869 May 27, 1949 - JOSE PIO BARRETTO v. N. ALMEDA LOPEZ

    083 Phil 734

  • G.R. No. L-2300 May 27, 1949 - PEOPLE OF THE PHIL. v. MARCELINO TUMAOB

    083 Phil 738

  • G.R. No. L-2382 May 27, 1949 - PABLO S. RIVERA v. FRANCISCO ARELLANO

    083 Phil 744

  • G.R. No. L-1606 May 28, 1949 - IN RE: YEE BO MANN v. REPUBLIC OF THE PHIL.

    083 Phil 749

  • G.R. No. L-2309 May 28, 1949 - LOPE SARREAL v. SOTERO RODAS

    083 Phil 751

  • G.R. No. L-2518 May 28, 1949 - DONATA OLIVEROS DE TAN v. ENGRACIO FABRE

    083 Phil 755

  • G.R. No. L-2539 May 28, 1949 - JOSE P. MONSALE v. PAULINO M. NICO

    083 Phil 758

  • G.R. No. L-1511 May 30, 1949 - MIGUEL OJO v. JOSE V. JAMITO

    083 Phil 764

  • G.R. No. L-1550 May 30, 1949 - IN RE: FREDERICK EDWARD GILBERT ZUELLIG v. REPUBLIC OF THE PHIL.

    083 Phil 768

  • G.R. No. L-1609 May 30, 1949 - REMIGIO M. PEÑA v. FRANCISCO ARELLANO

    083 Phil 773

  • G.R. No. L-1686 May 30, 1949 - EL PUEBLO DE FILIPINAS v. SANTOS TOLEDO

    083 Phil 777

  • G.R. No. L-1723 May 30, 1949 - LUZ MARQUEZ DE SANDOVAL v. VICENTE SANTIAGO

    083 Phil 784

  • G.R. No. L-1978 May 30, 1949 - EL PUEBLO DE FILIPINAS v. ANTONIO ORCULLO Y OTROS

    083 Phil 787

  • G.R. No. L-1996 May 30, 1949 - PEOPLE OF THE PHIL. v. SALIP JULMAIN

    083 Phil 793

  • G.R. No. L-2031 May 30, 1949 - HERMOGENES C. LIM v. RESTITUTO L. CALAGUAS

    083 Phil 796

  • G.R. No. L-2069 May 30, 1949 - LUZON BROKERAGE CO. v. LUZON LABOR UNION

    083 Phil 801

  • G.R. No. L-2083 May 30, 1949 - PEOPLE OF THE PHIL. v. SALVADOR MALIG

    083 Phil 804

  • G.R. No. L-2098 May 30, 1949 - PIO MARQUEZ v. ARSENIO PRODIGALIDAD

    083 Phil 813

  • G.R. No. L-2099 May 30, 1949 - JOSE ONG v. BIENVENIDO A. TAN

    083 Phil 834

  • G.R. No. L-2130 May 30, 1949 - FRANCISCO SANCHEZ v. PEDRO SERRANO

    083 Phil 838

  • G.R. No. L-2132 May 30, 1949 - JUAN SAVINADA v. J. M. TUASON & CO.

    083 Phil 840

  • G.R. No. 49102 May 30, 1949 - W.C. OGAN v. BIBIANO L. MEER

    083 Phil 844

  • G.R. No. L-1104 May 31, 1949 - EASTERN THEATRICAL CO. v. VICTOR ALFONSO

    083 Phil 852

  • G.R. Nos. L-1264 & L-1265 May 31, 1949 - PEOPLE OF THE PHIL. v. TIMOTEO SAGARIO

    083 Phil 862

  • G.R. No. L-1271 May 31, 1949 - BENIGNO DEL RIO v. CARLOS PALANCA TANGUINLAY

    083 Phil 867

  • G.R. No. L-1281 May 31, 1949 - JOSEPH E. ICARD v. CITY COUNCIL OF BAGUIO

    083 Phil 870

  • G.R. No. L-1298 May 31, 1949 - PEOPLE OF THE PHIL. v. PEDRO SANTOS BALINGIT

    083 Phil 877

  • G.R. No. L-1299 May 31, 1949 - PEOPLE OF THE PHIL. v. JACOB J. LOEWINSOHN

    083 Phil 882

  • G.R. No. L-1827 May 31, 1949 - ALFREDO CATOLICO v. IRINEO RANJO

    083 Phil 885

  • G.R. No. L-1927 May 31, 1949 - CRISTOBAL ROÑO v. JOSE L. GOMEZ

    083 Phil 890

  • G.R. No. L-1952 May 31, 1949 - FRANCISCO R. VlLLAROMAN v. FLORENTINO J. TECHICO

    083 Phil 901

  • G.R. No. L-2108 May 31, 1949 - PAMPANGA BUS CO. v. LUIS G. ABLAZA

    083 Phil 905

  • G.R. No. L-2252 May 31, 1949 - PEOPLE OF THE PHIL. v. BARTOLOME BEDIA

    083 Phil 909

  • G.R. No. L-2253 May 31, 1949 - PEOPLE OF THE PHIL. v. SERVANDO MANIEGO

    083 Phil 916

  • G.R. No. L-2283 May 31, 1949 - MARINA TAYZON and FLORDELIZA G. ANGELES v. RAMON YCASIANO

    083 Phil 921

  • G.R. No. L-2326 May 31, 1949 - FERNANDO ALEJO v. MARIANO GARCHITORENA

    083 Phil 924

  • G.R. No. L-2351 May 31, 1949 - FRANCISCO ARGOS v. DOMINADOR VELOSO

    083 Phil 929

  • G.R. No. L-2377 May 31, 1949 - REPUBLIC OF THE PHIL. v. JUSTA G. VDA. DE GUIDO

    083 Phil 934

  • G.R. No. L-2450 May 31, 1949 - VERONICA RUPERTO v. CEFERINO FERNANDO

    083 Phil 943

  •  





     
     

    G.R. No. L-1674   May 9, 1949 - PEOPLE OF THE PHIL. v. PABLO SOMERA<br /><br />083 Phil 548

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-1674. May 9, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PABLO SOMERA and FAUSTINO BARNACHEA, Defendants-Appellants.

    Luis L Lardizabal for Appellants.

    First Assistant Solicitor General Roberto A. Gianzon and Solicitor Manuel Tomacruz for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; MURDER; EVIDENCE; PROSECUTING WITNESSES’ CREDENCE AND VERACITY IN THEIR TESTIMONY; PROOF BEYOND REASONABLE DOUBT ESTABLISHED. — The record fails to show that the principal witnesses for the prosecution had any special reason for imputing falsely to the appellants the crime of murder. They are two young boys and a young girl who were with F. S. on the occasion in question, although M. S. saw the occurrence only until that point when he had to leave to seek police and medical help. They had narrated the main features of the appellant’s attack with such persuasive effect as to leave no room in our mind for any reasonable doubt as to appellants’ guilt.

    2. ID.; ID.; EVIDENCE MUST BE WITH COMMON KNOWLEDGE SO AS TO BE BELIEVED — It is hardly believable that F. S., an old man of sixty-five, would have started a flight against two men of much younger age, one of whom was admittedly armed.

    3. ID.; ID.; NUMBER OF WOUNDS AS INDICATE OF AGGRESSION. — The numerous wounds inflicted upon the victim, are indicative of aggression and of the participation of the appellants , as plainly testified to by the witnesses for the prosecution and the fact that the assailants have not received any injury.


    D E C I S I O N


    PARAS, J.:


    This is an appeal from a judgment of the Court of First Instance of Ilocos Sur finding the appellants, Pablo Somera and Faustino Barnachea, guilty of murder and sentencing them to reclusion perpetua, to indemnify jointly and severally the heirs of Felix Somera in the sum of P2,000, and to pay the costs.

    In the evening of march 11, 1945, Felix Somera, his children Moises and Redempta, and his houseboy Luis Somera, while proceeding towards their evacuation place in the barrio of Rucab, municipality of Tagudin, Ilocos Sur, were overtaken by the appellants who were both riding on a horse. Pablo Somera thereupon shouted at the group of Felix Somera,." . . of your mother puñeta get out of our way," to which Felix meekly replied, "Please, Pablo speak in a nicer way." After Pablo had in turn remarked, "Oh! so you are the one," the two appellants, who had alighted from their horse, began to attack Felix, Faustino Barnachea locking his arms around Felix, and Pablo repeatedly striking Felix with a stone, as a result of which Felix fell to the ground unconscious. Moises Somera attempted to help his father, but he was prevented by Pablo who hit him with a bolo. Moises accordingly had to leave, seeking police help and medical attention for the bolo wound on his hand which he received from Pablo. The appellants also left. After being revived, Felix Somera, with the aid of his two children, managed to ride on his horse; and the trio proceeded on their way to the poblacion. They had not covered a long distance, however, when the children noticed the return of the appellants. Coming from behind, and each taking one side, the appellants suddenly boloed and pulled Felix Somera from his horse, the attack being continued even after Felix fell. The latter was thereupon dragged to the bushes where Felix, then held by Faustino Barnachea, was given a bolo thrust by Pablo Somera, whereupon the two appellants left. These facts have been proved by the testimony of Redempta, Moises and Luis Somera. An examination of the dead body by the Sanitary Inspector revealed that Felix received no less than nineteen wounds, three of which were fatal.

    Pablo Somera admits that he alone had killed Felix Somera, but he claims that he did it in self-defense, his version being as follows: Felix Somera threw a stone which hit and caused appellants’ horse to cavort; after the appellant fell, Felix held and boxed Pablo Somera; Faustino Barnachea was able to pull Felix and thereby to release Pablo; although the latter tried to flee, Felix grabbed his shirt, choked him again and, after saying, "I am going to kill you," swang his bolo at Pablo; avoiding the blow, Pablo returned the attack by boloing Felix on the temple and the hands and thereafter giving many more blows. Consistently with Pablo Somera’s theory, Faustino Barnachea maintains that he had no criminal participation in the fight between Felix and Pablo as he withdrew after seeing the shining boloes of the combatants.

    The record fails to show that the principle witnesses for the prosecution had any special reason for imputing falsely to the appellants the crime of murder. They are two young boys and a young girl who were with Felix Somera on the occasion in question, although Moises Somera saw the occurrence only until that point when he had to leave to seek police and medical help. They had narrated the main features of the appellants’ attack with such persuasive effect as to leave no room in our mind for any reasonable doubt as to appellants’ guilt.

    It is hardly believable that Felix Somera, an old man of sixty- five, would have started a fight against two men of much younger age, one of whom was admittedly armed. The theory of self-defense on the part of Pablo is clearly negatived by the numerous (19) wounds inflicted upon Felix. Upon the other hand, such wounds are indicative of aggression and of the participation therein of appellant Faustino Barnachea, as plainly testified to by the witnesses for the prosecution, especially when account is taken of the obvious fact that neither Pablo Somera nor Faustino Barnachea received any injury.

    The guilty connection of Faustino Barnachea is further demonstrated by the circumstance that he surrendered with Pablo Somera. It is highly incredible that the former, if he had nothing to do with the crime, would have allowed himself to be thus dragged into the case merely upon invitation or insistence of Pablo.

    We have no doubt that, judging by the way in which they carried out the fatal assault, the two appellants acted from and cooperated in a common criminal design, and treachery has elevated the killing to the category of murder. The appellants came from behind, covered the two sides of Felix Somera, and suddenly attacked him with bolo blows, at a time when Felix was undoubtedly still too weak to offer any defense. It should be repeated that Felix, after the initial assault by the appellants, was able to mount his horse only after being helped by his young companions. There was also present in the commission of the offense the aggravating circumstance of insult or disregard of the respect due the offended party on account of his age, but this is offset by the mitigating circumstance of voluntary surrender.

    The appealed judgment, being in conformity with the facts and the law, is affirmed with costs. So ordered.

    Moran, C.J., Feria, Pablo, Bengzon, Tuason, Montemayor and Reyes, JJ., concur.

    Separate Opinions


    PERFECTO, J.:


    Except that we believe that the indemnity should be increased to P6,000, in accordance with the decision in People v. Amansec, L-927, we concur in the above decision.

    G.R. No. L-1674   May 9, 1949 - PEOPLE OF THE PHIL. v. PABLO SOMERA<br /><br />083 Phil 548


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