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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. Nos. L-1264 & L-1265   May 31, 1949 - PEOPLE OF THE PHIL. v. TIMOTEO SAGARIO<br /><br />083 Phil 862

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. Nos. L-1264 & L-1265. May 31, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. TIMOTEO SAGARIO, BUENCONSEJO CATAGUE, JULIAN MAGONG and ALFONSO CATAGUE, Defendants-Appellants.

    Bartolome G. Matavia for Appellants.

    First Assistant Solicitor Roberto A. Gianzon and Solicitor Francisco Carreon for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; MURDERS WITH LESS PHYSICAL INJURIES; EVIDENCE; IDENTITY OF ACCUSE. — Upon the testimonies on record, the Court is fully satisfied that appellants, all acquaintances of the witnesses for the prosecution, have been conclusively identified F. P. identified and A. C. and also I, and T. S. and J. M. as the persons standing by the side of B near the doorway of P’s house, at the time F was held by the arms by B. L. saw B firing against his son M upon the order of. S. and saw T. S. firing at her while she had in her arms her grandson R. P. H. L., widow of M, saw B firing his rifle at her husband, upon the order of I. S., and by the light of a lamp on a table beside her sick son, she also saw T. S. standing by the door from where he shot her child and mother-in-law. D. P. saw, by the moving light of a flashlight which was held by I and by peeping through a hole in his granary, I and T. S., A and B. C., J. M., and T. V.

    2. ID.; ID.; CONSPIRACY, WHEN THERE IS. — The evidence on record offers ample ground to conclude that appellants committed the two crimes here in question pursuant to a conspiracy. Each and everyone of them had grievances against D. P., the head of the family to which the victims belonged; they gathered in the house of E. B. on the afternoon previous to the midnight killings, their actuations in B’s house indicated that they were acting under the same purpose, and the same purpose can be gathered from their conduct at the time the assault took place.


    D E C I S I O N


    PERFECTO, J.:


    The four appellants were found in one case guilty of murder and sentence to reclusion perpetua, to indemnify jointly and severally the heirs of Marcelo Portillo in the sum of P2,000 and to pay the costs; in the second case, they were found guilty of the crime of murder with less physical injuries and sentenced to suffer the penalty of reclusion perpetua, to indemnify the heirs of Rufino Portillo in the sum of P2,000 and to pay the costs.

    On the midnight of May 26, 1946, the house of Damian Portillo was assaulted by armed men, as a result of which, Marcelo Portillo, son of Damian, was shot and killed. Rufino Portillo, a baby boy of Marcelo and grandson of Damian, was also shot and killed in the hands of his grandmother Leonila Roca who, on the same occasion, was also wounded in the right midilio inguinal region. The assault took place in sitio Can-awe, municipality of Isabela, Province of Negros Occidental.

    The above facts appear in a statement in appellants’ brief, which is adopted by the prosecution.

    The two main questions in this appeal relate to the identity of the four appellants as co-authors of the assault and as to the existence of conspiracy among themselves.

    With the exception of Julian Magong, appellants are related to each other and to the victims. Before the assault, appellants entertained grievances against Damian Portillo, Buenconsejo Catague, after having twice bought rice on credit, was denied a third similar request; Portillo denied Julian Magong’s request to cut the former’s bamboos on credit; Alfonso Catague wanted to buy ten cavans of palay from Portillo, but the latter gave him only cavan; Timoteo Sagario is the son of Igmedio Sagario who was removed from his tenancy by Portillo on account of his inefficiency in his work.

    On the afternoon of May 26, 1946, Jose Aguilar went to sitio Bartolina with his ten-year old son to buy salt and bagoong. They took shelter in the house of one Espiridion Basa upon being caught by the rain. Gathered there were Igmedio and Timoteo Sagario, Buenconsejo Catague, Julian Magong, Teofilo Villafuerte and two unidentified individuals. Aguilar got into conservation with Igmedio and suggested to him to see Portillo about the return of his tenancy. Igmedio replied that it was not necessary because he would kill Portillo and his family that night. Timoteo Sagario pulled Aguilar to the kitchen and, thrusting his revolver against his stomach, announced that he would kill him. He desisted, however, upon the pleas of Aguilar squeezed himself under the kitchen stove. Buenconsejo Catague told him that he would have to come with them that night. After an exchange to threats from Buenconsejo and pleas from Aguilar, Buenconsejo changed his mind and told Aguilar that he could stay by that he was not to leave the place and warn Damian Portillo as, otherwise, he and his family would all be killed. Igmedio and Timoteo Sagario, Julian Magong and the two unidentified Cebuanos left leaving behind Villafuerte and Buenconsejo who, at about 9 o’clock after supper, also left. Aguilar tried to leave too but, upon seeing a person walking back and forth downstairs desisted from leaving the place. At midnight he heard two shots coming form the direction of the house of Damian Portillo, about half a kilometer away.

    At the midnight, while cradling in her arms her sick three-year old grandson Rufino, Leonila Roca, upon hearing the barking of their dog, ordered servant Felipe Palomaria to drive away the dog lest it might bite anyone. Felipe was met by Buenconsejo who seized him by the arms. Standing beside him near the doorway were the Sagarios and Julian Magong. Buenconsejo took away Felipe’s bolo and delivered him to Alfonso Catague, father of Buenconsejo. Alfonso, followed by two unidentified persons brought Felipe to a rice seedbed, where Felipe heard a shot. Then he was brought to an irrigation dam of Portillo where he heard another shot. Alfonso asked Felipe if Portillo had arms. Alfonso tied his hands with a nito vine and brought him to a coconut groove. Upon learning that Felipe was just a servant, Alfonso untied him, and Felipe used the opportunity to escape and hide in a creek, returning to the house of Portillo towards dawn.

    In the meantime, Marcelo Portillo went down the house. Buenconsejo met him and asked him what he was going to do. Marcelo answered that he is going to drive away the dog. Igmedio Sagario told Buenconsejo to shoot and Buenconsejo fired against Marcelo, hitting him on the breast above the left nipple and killing him.

    Running to another side of the house to look for her husband, Leonila saw the door already opened. Timoteo Sagario, standing there, aimed his revolver at her and fired, killing baby Rufino Portillo. The bullet passed through the child’s body and lodged in Leonila’s right midilio inguinal region, causing a wound which took twenty-three days for the point of entrance to close. Then Leonila heard Buenconsejo shouting to the inmates that they were lucky that his gun jammed, otherwise, they would have been killed including their cats.

    Upon the testimonies on record, we are fully satisfied that appellants, all acquaintances of the witnesses for the prosecution, have been conclusively identified. Felipe Palomaria identified Buenconsejo and Alfonso Catague and also Igmedio and Timoteo Sagario and Julian Magong as the persons standing by the side of Buenconsejo near the doorway of Portillo’s house, at the time Felipe was held by the arms by Buenconsejo. Leonila Roca saw Buenconsejo firing against his son Marcelo upon the order of Igmedio Sagario and saw Timoteo Sagario firing at her while she had in her arms her grandson Rufino Portillo. Honorata Ledesma, widow of Marcelo, saw Buenconsejo firing his ride at her husband, upon the order of Ignacio Sagario, and by the light of a lamp on a table beside her sick son, she also saw Timoteo Sagario standing by the door from where he shot her child and mother- in-law. Damian Portillo saw, by the moving light of a flashlight which was held by Igmedio and by peeping through a hole in his granary, Igmedio and Timoteo Sagario, Alfonso and Buenconsejo Catague, Julian Magong, and Teofilo Villafuerte.

    The evidence on record offers ample ground to conclude that appellants committed the two crimes here in question pursuant to a conspiracy. Each and everyone of them had grievances against Damian Portillo, the head of the family to which the victims belonged; they gathered in the house of Espiridion Basa on the afternoon previous to the midnight killings, their actuations in the Basa house indicated that they were acting under the same purpose, and the same purpose can be gathered from their conduct at the time the assault took place.

    For all the foregoing, we are satisfied that the evidence on record has proved beyond all doubt that appellants are guilty of the crimes of murder and murder with less serious physical injuries for which they were convicted in these two cases by the trial court. The penalty imposed in the appealed judgment is in accordance with law, although the indemnity that should be paid to the heirs of Marcelo Portillo should be increased to six thousand pesos (P6,000) in accordance with our decision laid down in the case of People v. Amansec, (80 Phil., 424, 435) the same modification is also true as to the indemnity to the heirs of the deceased Rufino Portillo. Thus modified, the appealed judgment is affirmed.

    Paras, Feria., Pablo, Bengzon, Tuason, Montemayor and Reyes, JJ., concur.

    Separate Opinions


    PERFECTO, J.:


    We certify that the Chief Justice and Mr. Justice Ozaeta voted in support of this decision.

    G.R. Nos. L-1264 & L-1265   May 31, 1949 - PEOPLE OF THE PHIL. v. TIMOTEO SAGARIO<br /><br />083 Phil 862


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