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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
 

   
October-1949 Jurisprudence                 

  • G.R. No. L-1451 October 6, 1949 - TAN TUAN ET AL. v. LUCENA FOOD CONTROL BOARD, ET AL.

    084 Phil 687

  • G.R. No. L-3215 October 6, 1949 - ALONZO A. BAGTAS v. DIRECTOR OF PRISONS

    084 Phil 692

  • G.R. No. L-743 October 11, 1949 - PEOPLE OF THE PHIL. v. POLICARPIO DUMAPIT

    084 Phil 698

  • G.R. No. L-1610 October 12, 1949 - DOROTEA DE LA CRUZ v. DEOGRACIAS MARCELINO

    084 Phil 709

  • G.R. No. L-1355 October 12, 1949 - LUCIO PALANCA CHILIANCHIN v. EUSEBIO COQUINCO

    084 Phil 714

  • G.R. No. L-1567 October 13, 1949 - PEOPLE OF THE PHIL. v. OSCAR SALICO

    084 Phil 722

  • G.R. No. L-2822 October 13, 1949 - PEOPLE OF THE PHIL. v. TEOFILO D. MARI

    084 Phil 738

  • G.R. No. L-3081 October 14, 1949 - ANTONIO LACSON v. HONORIO ROMERO, ET AL.

    084 Phil 740

  • G.R. No. L-3050 October 17, 1949 - ALBERTO A. VILLAVERT v. TOBIAS FORNIER

    084 Phil 756

  • G.R. No. L-2190 October 19, 1949 - PEOPLE OF THE PHIL. v. FRANCISCO ABALOS

    084 Phil 771

  • G.R. No. L-833 October 20, 1949 - CARLOS PIÑERO v. MARCELO ENRIQUEZ, ET AL.

    084 Phil 774

  • Adm. Case No. 25 October 25, 1949 - AMBROSIA SUMAÑGIL, ET AL. v. MARIANO STA. ROMANA

    084 Phil 777

  • G.R. No. L-1553 October 25, 1949 - PEOPLE OF THE PHIL. v. FRANCISCO CONCEPCION

    084 Phil 787

  • G.R. No. L-1560 October 25, 1949 - DEMETRIA ESTRADA v. ULDARICO CASEDA

    084 Phil 791

  • G.R. No. L-1849 October 25, 1949 - LAUREANA GABIN v. MARIA MELLIZA, ET AL.

    084 Phil 794

  • G.R. No. L-1776 October 27, 1949 - PAZ M. CEA, ET AL. v. COURT OF APPEALS, ET AL.

    084 Phil 798

  • G.R. No. L-2413 October 27, 1949 - DIRECTOR OF LANDS, ET AL. v. EMILIO GARCIA, ET AL.

    084 Phil 802

  • G.R. No. L-2057 October 29, 1949 - ESPERANZA F. DE GONZALEZ v. ERNESTO GONZALEZ

    084 Phil 806

  • G.R. No. L-594 October 31, 1949 - LEON O. MANZANILLO v. JOSE G. JARAMILLA

    084 Phil 809

  • G.R. No. L-1454 October 31, 1949 - EMILIO RUMBAOA, ET AL. v. IGNACIO ARZAGA, ET AL.

    084 Phil 812

  • G.R. No. L-1507 October 31, 1949 - HOSPITAL SAN JUAN DE DIOS v. HOSPITAL SAN JUAN DE DIOS, ET AL.

    084 Phil 820

  • G.R. No. L-1551 October 31, 1949 - NICANOR TAN v. REPUBLIC OF THE PHIL.

    084 Phil 829

  • G.R. No. L-1554 October 31, 1949 - JULIAN CABRERA v. PEDRO V. LOPEZ, ET AL.

    084 Phil 834

  • G.R. No. L-1873 October 31, 1949 - LUIS SAN JOSE, ET AL. v. EUSEBIO CASTILLO

    084 Phil 839

  • G.R. No. L-1949 October 31, 1949 - REALTY INVESTMENTS, INC., ET AL. v. MARIANO VILLANUEVA, ET AL.

    084 Phil 842

  • G.R. No. L-2089 October 31, 1949 - JUSTA G. GUIDO v. RURAL PROGRESS ADMINISTRATION

    084 Phil 847

  • G.R. No. L-2116 October 31, 1949 - JOSEFA FABIE v. NGO BOO SOO, ET AL.

    084 Phil 857

  • G.R. No. L-2168 October 31, 1949 - CELSO ICASIANO v. BIENVENIDO TAN, ET AL.

    084 Phil 860

  • G.R. No. L-3311 October 31, 1949 - M. MARGOLARI v. TIBURCIO TANCINCO, ET AL.

    084 Phil 865

  •  





     
     

    G.R. No. L-2190   October 19, 1949 - PEOPLE OF THE PHIL. v. FRANCISCO ABALOS<br /><br />084 Phil 771

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-2190. October 19, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANCISCO ABALOS, Defendant-Appellant.

    Manuel P. Calanog for Appellant.

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

    SYLLABUS


    1. CRIMINAL LAW; HOMICIDE; EVIDENCE; ALIBI AS A DEFENSE. — Under the facts proved in this case, the alibi must be deemed insufficient to overcome the direct evidence for the people.

    2. ID.; ID.; AGGRAVATING CIRCUMSTANCE; WHEN TREACHERY MAY NOT BE IMPUTED TO THE ACCUSED. — When it does not appear that the shooting is premeditated nor that the accused consciously has chosen that method of attack directly and especially to facilitate the perpetration of the homicide without risk to himself and his decision to shoot C seemed to be sudden, in view of the latter’s flight, and the position of both the victim and the killer is entirely accidental, treachery may not be imputed to the appellant.


    D E C I S I O N


    BENGZON, J.:


    Review of a judgment of conviction for murder. Judge Fidel Fernandez of Samar found appellant Francisco Abalos guilty of having shot and killed Maximo Cabueños, upon the testimony of one eye-witness, and upon proof of admissions made by the accused. The defense was alibi.

    The transcript of the stenographic notes taken during the trial and the medical certificate Exhibit A authorize the following account of the killing:chanrob1es virtual 1aw library

    During the Japanese occupation Francisco Abalos was a constabulary soldier stationed at Catbalogan, Samar. On May 13, 1944 a constabulary detachment consisting of the accused and others (including Artemio Merida), under the command of Lieutenant Ramento proceeded to Gandara, Samar, on patrol duty. About 2 o’clock the next morning, the company reached a place near barrio Peñaplata and went to the house of Maximo Cabueños, a guerrilla. Cabueños was not there, but the party found therein one Vicente Cipriano whose services they enlisted as guide to the barrio. Nearing their destination, the soldiers deployed so as to encircle the place. The appellant and Artemio Merida, accompanied by Vicente Cipriano, walked to the right until they arrived at the house of one Jesus Rama. It was then about 5 a.m. Even as appellant and his companions were entering Rama’s dwelling, Maximo Cabueños jumped through the window and scurried to a ricefield. Appellant pursued him, and shooting with his rifle, hit the runaway in the stomach. Cabueños fell. Helped later by Jesus Rama, the wounded man returned to the house; but he died that very afternoon.

    Artemio Merida was beside Abalos at the moment the latter fired his gun, and he saw the victim drop to the ground. Vicente Cipriano heard the detonation, and having been told by Abalos to go "where that man was shot", found the victim in serious condition, his intestines coming out of the abdomen.

    Both these persons (Merida and Cipriano) were the People’s witnesses at the trial of this case. The accused-appellant admitted in court that he was present with the soldiers at Rawis near Peñaplata. But he denied having shot the unfortunate man, saying he was detailed to watch the bancas used by the party in going to the locality, and that watching the bancas was all he did during that evening. Defended by two attorneys, he elected to submit his case without corroborating testimony. His counsel made this announcement before presenting his evidence:jgc:chanrobles.com.ph

    "Inasmuch as the effort to bring Serafin Ramento in this court has failed, this representation would like to request this court the continuation of the trial of this case and the presentation of the defense even without the testimony of Serafin Ramento."cralaw virtua1aw library

    The Serafin Ramento mentioned in the above statement evidently referred to Lt. Ramento under whose command the police officers went the rounds of the barrio on that occasion.

    Now then, considering that under the law the accused had a right to compel the presence of said officer, and considering that according to the prosecution, Lt. Ramento investigating the affair at the place and time of the shooting, was informed by Abalos that he had shot Maximo because the latter had run, the inference is logical that Ramento’s testimony, if presented, would not favor the defendant. Wherefore, under the circumstances the alibi must be deemed insufficient to overcome the direct evidence for the People.

    "Oral evidence of alibi is so easily manufactured and usually so unreliable that it can rarely be given credence. People v. Badilla, 48 Phil., 718."cralaw virtua1aw library

    "Defense of alibi rejected in a case of homicide, there being no legal reason for discrediting the witnesses for the prosecution, who were present at the time of the fight and saw accused inflict the wound on the side of deceased. People v. Cabantug, 49 Phil., 482."cralaw virtua1aw library

    "The defense of alibi is not satisfactorily established where the testimony is not free from suspicion, was not corroborated by another witness, and no insistence was made to secure the attendance of another witness who could have appeared and testified to the facts, and this circumstance was (not) explained. People v. Pili, 51 Phil., 965."cralaw virtua1aw library

    The herein appellant has, no doubt, liquidated Maximo Cabueños. However, we do not believe that the killing was accomplished with treachery. It does not appear that the shooting was premeditated nor that the accused had consciously chosen that method of attack directly and specially to facilitate the perpetration of the homicide without risk to himself. His decision to shoot Cabueños seemed to be sudden, in view of the latter’s flight, and the position of both the victim and the killer was entirely accidental. Therefore treachery may not be imputed to him. 1

    Appellant is guilty of homicide for which the law prescribes the punishment of reclusion temporal. (Art. 249, Rev. Penal Code.) In the absence of mitigating and aggravating circumstances the appellant must be made to serve imprisonment for not less than 6 years and 1 day of prision mayor nor more than 14 years 8 months and 1 day of reclusion temporal. Modified as to the term of imprisonment, the appealed decision is affirmed, with costs. So ordered.

    Moran, C.J., Ozaeta, Paras, Feria, Padilla, Tuason, Montemayor, Reyes and Torres, JJ., concur.

    Endnotes:



    1. See People v. Tumaob, 83 Phil., 732, People v. Calinawan, 83 Phil., 642.

    G.R. No. L-2190   October 19, 1949 - PEOPLE OF THE PHIL. v. FRANCISCO ABALOS<br /><br />084 Phil 771


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