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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-2117   May 19, 1949 - PEOPLE OF THE PHIL. v. APOLONIO SOMBILON<br /><br />083 Phil 631

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-2117. May 19, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. APOLONIO SOMBILON, Defendant-Appellant.

    Zosa & Zosa for Appellant.

    Assistant Solicitor General Ruperto Kapunan, Jr., and Solicitor Adolfo Brillantes for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; MURDER; EVIDENCE; CREDIBILITY OF PROSECUTING WITNESS; ABSENCE OF MOTIVE TO TESTIFY FALSELY. — Although the accused claims that A. O. testified against him because he failed to continue supplying him with chickens and vegetables as he had promised, the imputation is denied by O, and there is no showing that the latter is the kind of a man who, for so trivial a cause, would be capable of testifying falsely against one accused of a serious a crime as murder.

    2. ID.; MURDER QUALIFIED BY TREACHERY. — The crime proved is murder, qualified by treachery, since the accused unexpectedly attacked the deceased from the rear, stabbing him in the back, thus employing a form of aggression which insured its execution without risk to himself arising from any defense which the deceased might have made.


    D E C I S I O N


    REYES, J.:


    The accused in this case stands charged with murder. The evidence for the prosecution shows that in the afternoon of September 22, 1944, the barrio of Talaga, municipality of Argao, Province of Cebu, was celebrating its local fiesta. Gathered in its cockpit was a large crowd, who indulged not only in cockfighting but also in a game they call hantak, which is similar to cara y cruz. Among the participants in that game were Aguedo Camillo, Antonio Ortega and Dionisio Sombilon. Aguedo was flipping the coins, while Antonio was handling the bets for him. After winning about P40, Aguedo decided to quit. Dionisio objected to Aguedo’s quitting when he himself was losing and voiced his objection by asking Aguedo: "Why stop playing when I still have money?" Provoked by this remark, Aguedo replied, "Why control a gambler’s actions?" and then boxed Dionisio, hitting him in the mouth. He was about to give Dionisio another fist blow when Ortega intervened and pacified the two. Hardly had Aguedo separated from Dionisio, however, when the former withdrew from the crowd and called to his followers, saying: "Where are my boys, come here to me." As if in answer to the call, several persons were seen to rally around Aguedo, one of them being the now deceased, Julian Camahalan. Sensing trouble, Apolonio Sombilon, brother of Dionisio, hurriedly followed Julian and stabbed him from behind with a dagger. Wounded in the back, Julian staggered, ran a distance of about 50 meters, sat down and died.

    The above facts were established by the testimony of three eye- witnesses, while the doctor who examined the cadaver of Julian Camahalan gave the opinion that the wound he found in the latter’s back was the cause of his death.

    Testifying in his defense, the accused denied having been the one who stabbed the deceased. He admitted being in the cockpit on that occasion and having even seen his brother Dionisio with face bleeding and shaking hands with Aguedo. But he claimed that he did not see the stabbing, which, according to him, took place some time afterward, when he was already inside the ring, holding his rooster with its gaff attached and ready to fight the opposing rooster held by Jose de la Peña. He said that he was thus occupied when he noticed that there was an uproar and people were shouting from the outside: "There is a fight, and the Japanese are coming." Fearing the Japanese and seeing other people run away, he did likewise.

    The accused was corroborated by Juan Templa, a compadre of his brother Dionisio Sombilon.

    The trial court found the accused guilty of homicide and sentenced him to an indeterminate penalty of 8 years and 1 day of prision mayor to 14 years, 8 months and 1 day of reclusion temporal, to indemnify the heirs of the deceased in the sum of P2,000, to suffer the accessory penalties, and to pay the costs. From this judgment, the accused has appealed to the Court of Appeals. But that court has certified the case here, being of the opinion that the accused is guilty of murder and should be sentenced to life imprisonment.

    The case hinges on the credibility of the witnesses. The defense tries to discredit the witnesses for the prosecution, but fails to point out any substantial flaw in their testimony. And although the accused claims that Antonio Ortega testified against him because he failed to continue supplying him with chickens and vegetables as he had promised, the imputation is denied by Ortega, and there is no showing that the latter is the kind of a man who, for so trivial a cause, would be capable of testifying falsely against one accused of so serious a crime as murder. On the other hand, the testimony of defense witness Juan Templa does not inspire much confidence since he is admittedly a close friend of the accused, being a compadre of his brother. On the whole, we find no reason for disturbing the findings of fact of the trial judge, who was in a better position to gauge the credibility of the witnesses after observing their demeanor on the witness stand.

    The accused testified that while he had heard people say that the deceased was a trouble-maker, he himself had never had any "disgusto" with him, for they had not even met. And it is now argued by counsel that the accused could have had no motive for killing the deceased. But we think that the unlawful aggression was sufficiently explained by the witness Antonio Ortega, who, in answer to a question of the court, declared that the accused stabbed the deceased because his brother Dionisio Sombilon was boxed by Aguedo Camillo and he believed that the deceased was an ally of Aguedo since he was one of those who rallied around the latter in answer to his call. The fact, that according to the accused himself, the deceased had the reputation of being a trouble-maker does lend weight to this theory.

    While the lower court has found the accused guilty of mere homicide, we agree with the Solicitor General and the Court of Appeals that the crime proved is murder, qualified by treachery, as charged in the information, since the accused unexpectedly attacked the deceased from the rear, stabbing him in the back, thus employing a form of aggression which insured its execution without risk to himself arising from any defense which the deceased might have made.

    Wherefore, the judgment below is modified in the sense that the accused is declared guilty of murder and sentenced to life imprisonment. the rest of said sentence is affirmed, with costs against the Appellant.

    Moran, C.J., Ozaeta, Paras, Feria, Pablo, Perfecto, Bengzon and Tuason, JJ., concur.

    G.R. No. L-2117   May 19, 1949 - PEOPLE OF THE PHIL. v. APOLONIO SOMBILON<br /><br />083 Phil 631


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