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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
 

 
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March-1950 Jurisprudence                 

  • G.R. No. L-1720 March 4, 1950 - SIA SUAN, ET AL. v. RAMON ALCANTARA

    085 Phil 669

  • G.R. No. L-2038 March 4, 1950 - LUIS DEL CASTILLO v. METROPOLITAN INSURANCE COMPANY

    085 Phil 678

  • G.R. No. L-2171 March, 4, 1950 - EL PUEBLO DE FILIPINAS v. IDE LAGON RAMOS

    085 Phil 683

  • G.R. No. L-2407 March 4, 1950 - PEOPLE OF THE PHIL. v. MATIAS ALUPAY

    085 Phil 688

  • G.R. No. L-2447 March 4, 1950 - PEOPLE OF THE PHIL. v. PEDRO PULIDO, ET AL

    085 Phil 695

  • G.R. No. L-1296 March 6, 1950 - PEOPLE OF THE PHIL. v. JOSE PALICTE

    085 Phil 711

  • G.R. No. L-1546 March 6, 1950 - PEOPLE OF THE PHILS. v. RUFINO SURALTA

    085 Phil 714

  • G.R. No. L-2462 March 6, 1950 - EL PUEBLO DE FILIPINAS v. GO LEE

    085 Phil 718

  • G.R. No. L-2665 March 6, 1950 - PEOPLE OF THE PHIL. v. FLORENTINO PATERNO, ET AL

    085 Phil 722

  • G.R. No. L-2996 March 6, 1950 - PEOPLE OF THE PHIL. v. PRECIANO MEJARES, ET AL.

    085 Phil 727

  • G.R. No. L-3463 March 6, 1950 - LEONCIO ROSARES v. DIRECTOR OF PRISONS

    085 Phil 730

  • G.R. No. L-2335 March 7, 1950 - PEOPLE OF THE PHIL. v. FRANCISCO MORENO

    085 Phil 731

  • G.R. No. L-3643 March 7, 950

    CARLOS C. ASPRA v. DIRECTOR OF PRISONS

    085 Phil 737

  • G.R. No. L-2269 March 14, 1950 - FABIAN B. S. ABELLERA v. NARCISO DE GUZMAN

    085 Phil 738

  • G.R. No. L-1990 March 15, 1950 - PEOPLE OF THE PHIL. v. LEONILO GANAL, ET AL.

    085 Phil 743

  • G.R. No. L-2809 March 22, 1950 - PEOPLE OF THE PHIL. v. FRISCO HOLGADO

    085 Phil 752

  • G.R. No. L-3022 March 22, 1950 - PEOPLE OF THE PHIL. v. PEDRO CABASA, ET AL

    085 Phil 758

  • G.R. No. L-3580 March 22, 1950 - CONRADO MELO v. PEOPLE OF THE PHIL., ET AL

    085 Phil 766

  • G.R. No. L-2217 March 23, 1950 - MIGUEL R. CORNEJO v. BIENVENIDO A. TAN

    085 Phil 772

  • G.R. No. L-2582 March 23, 1950 - TRINIDAD SEMIRA, ET AL v. JUAN ENRIQUEZ

    085 Phil 776

  • G.R. No. L-2981 March 23, 1950 - VISAYAN SURETY & INSURANCE CORP. v. VICTORIA PASCUAL, ET AL

    085 Phil 779

  • G.R. No. L-2434 March 25, 1950 - PEOPLE OF THE PHIL. v. MACABANTUG RANGON ET AL.

    085 Phil 786

  • G.R. No. L-2584 March 25, 1950 - PEOPLE OF THE PHIL. v. TEODORO BARRAMEDA

    085 Phil 789

  • G.R. No. L-2636 March 25, 1950 - YU SIP v. COURT OF APPEALS

    085 Phil 795

  • G.R. No. L-2784 March 25, 1950 - PEOPLE OF THE PHIL. v. GERARDO NARSOLIS ET AL.

    085 Phil 798

  • G.R. No. L-2856 March 27, 1950 - GO CAM v. Hon. MAGNO S. GATMAITAN, ET AL

    085 Phil 802

  • G.R. No. L-2743 March 29, 1950 - PEOPLE OF THE PHIL. v. SIXTO CANDELARIA

    085 Phil 805

  • G.R. No. L-836 March 30, 1950 - PEOPLE OF THE PHIL. v. ANACLETO MAGDANG, ET AL

    085 Phil 807

  • G.R. No. L-1912 March 30, 1950 - EL PUEBLO DE FILIPINAS v. ANATOLIO LLENARIZAS

    085 Phil 809

  • G.R. No. L-2239 March 30, 1950 - PEOPLE OF THE PHIL. v. AURELIO SANTIAGO

    085 Phil 813

  • G.R. No. L-2275 March 30, 1950 - PEOPLE OF THE PHIL. v. SIMPLICIO MACASO, ET ALS.

    085 Phil 819

  • G.R. No. L-2288 March 30, 1950 - PEOPLE OF THE PHIL. v. MAXIMO MANOLONG

    085 Phil 829

  • G.R. No. L-2600 March 30, 1950 - PEOPLE OF THE PHIL. v. PEDRO MARAPAO

    085 Phil 832

  • G.R. No. L-2647 March 30, 1950 - PEOPLE OF THE PHIL. v. DIONISIO S. SERRANO

    085 Phil 835

  • G.R. No. L-2681 March 30, 1950 - PEOPLE OF THE PHIL. v. DARIO MARGEN, ET AL.

    085 Phil 839

  • G.R. No. L-2175 March 31, 1950 - NG GIOC LIU v. SECRETARY OF THE DFA

    085 Phil 842

  • G.R. No. L-2189 March 31, 1950 - PEOPLE OF THE PHIL. v. CILDO, ET AL

    085 Phil 845

  • G.R. No. L-2318 March 31, 1950 - PEOPLE OF THE PHIL. v. TEOFILO PAAR

    085 Phil 864

  • G.R. No. L-2405 March 31, 1950 - PEOPLE OF THE PHIL. v. JUAN DE LOS SANTOS

    085 Phil 870

  • G.R. No. L-2801 March 31, 1950 - PEOPLE OF THE PHIL. v. PEDRO BELANDRES, ET AL.

    085 Phil 874

  • G.R. No. L-2880 March 31, 1950 - PEOPLE OF THE PHIL. v. DEMETRIO MOSTOLES, ET AL.

    085 Phil 883

  •  




     
     

    G.R. No. L-2434   March 25, 1950 - PEOPLE OF THE PHIL. v. MACABANTUG RANGON ET AL. <br /><br />085 Phil 786

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-2434. March 25, 1950.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MACABANTUG RANGON ET AL., Defendants. MACABANTUG RANGON, Appellant.

    Manuel A. Concordia for Appellant.

    Assistant Solicitor General Ruperto Kapunan, Jr. and Solicitor Jesus A. Avanceña for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; MURDER AND PHYSICAL INJURIES; EVIDENCE; IDENTITY OF APPELLANT. — The testimonial evidence presented by the prosecution in this case establishes beyond the shadow of doubt that the appellant took part in the crime. There was moonlight and flashlights were copiously used by P and R. Moreover, having lived or worked with P for several years, the accused was easily recognized by the witnesses by his voice, build, and movements, let alone his facial features.


    D E C I S I O N


    TUASON, J.:


    This is a prosecution for murder and physical injuries. The sole issue concerns the identity of the Appellant.

    There is no dispute that about 2 o’clock a. m. on October 4, 1946, in Kawit, Iligan, Lanao, Marcelino Paglinawan was awakened by the barking of his dogs, looked out of the window and, with the aid of a flashlight, saw about ten men in the yard. He was fired upon and was wounded in the face and right shoulder with buckshots. Seeing three of the gang climbing up the house through the kitchen, Paglinawan, although wounded and singlehanded, picked up a bolo and engaged the trio in a hand-to-hand fight. He succeeded in striking two and routing all the intruders although he himself sustained cuts in the palm of his right hand and a gunshot wound in the left elbow.

    After the marauders left, Paglinawan lighted a lamp and saw his son Sofronio dead, with gunshot wounds in the forehead, on the right side of the face, in the right temple, and in the breast. Paglinawan’s daughter, Angeles, was also wounded in the right elbow. Shots had been promiscuously fired into the house.

    Having been taken to the Lanao Public Hospital at Iligan, Paglinawan told the military police that he had recognized Macabantug Rangon (the appellant), Cota Balbal and Mangandiri Lumundaya and wounded the first two. The three persons named were arrested and, sure enough, Balbal was nursing fresh cuts in the right elbow. The record does not show whether Macabantug Rangon had any wound.

    Cota Balbal confessed to the police and ratified his confession under oath before the justice of the peace. Later, at the preliminary investigation, he pleaded guilty. He and Rangon were bound over by the justice of the peace for trial. Mangandiri Lumundaya was discharged for lack of sufficient evidence but was ordered rearrested when Paglinawan, after his release from the hospital gave additional evidence against him. However, Lumundaya was no longer to be found.

    In the Court of First Instance, Balbal pleaded guilty upon the closing of the evidence for the prosecution. Rangon maintained his plea of innocence but did not introduce any evidence.

    We will confine our attention to the proofs against the Appellant.

    Marcelino Paglinawan testified that he had known Macabantug for a long time; that "for three years we were together in Kawit;" that he had been a settler in Iligan since 1921, coming from Tuboan, Cebu; that when he focused his flashlight from the window on the men down below, he recognized Macabantug Rangon; that, besides, it was a moonlit night; that when three men came up the house, he again recognized Rangon as one of them, and he struck this defendant with his bolo, although he could not tell in what part of the body this accused was hit; that Rangon was carrying a gun and was using a flashlight, too.

    Matilde Tabanao said that on October 4, 1946, she lived in Marcelino Paglinawan’s house. She said she sat beside a large jar, about a meter high, when two Moros came up followed by a third. She testified that she recognized Macabantug when Macabantug stood on the opposite side of the jar and one of the intruders turned his flashlight towards her and Macabantug. It was then, she said, that Macabantug saw her and snatched her blanket, which he carried away. She further declared that she heard Macabantug exclaim upon seeing Paglinawan’s son stretched on the floor, "By God, he’s dead."cralaw virtua1aw library

    Marcelino Paglinawan’s and Matilde Tabanao’s testimony establishes beyond the shadow of doubt that the appellant took part in the crime. There was moonlight and flashlights were copiously used by Paglinawan and Rangon. Moreover, having lived or worked with Paglinawan for several years, this accused was easily recognizable by the witnesses by his voice, build, and movements, let alone his facial features. The appellant’s failure to offer evidence to refute the testimony for the prosecution adds weight to the government’s case.

    The killing of Sofronio Paglinawan constitutes murder qualified by treachery. The physical injuries sustained by Marcelino Paglinawan and Angeles Paglinawan were distinct offenses for each of which, as well as for the murder of Sofronio, a separate penalty should be imposed. Marcelino Paglinawan lost the use of his left arm, while Angeles Paglinawan sustained a buckshot wound in the forearm the treatment of which lasted about 27 days. Matilde Tabanao was shot and wounded in the back below the waist but she said that although she stayed in her aunt’s house for two months, she could go out during that period. Evidently she was only grazed by the bullet.

    The Solicitor General recommends the supreme penalty for Sofronio’s death, citing several aggravating circumstances. However, the required number of votes for imposing this penalty is lacking, with the result that the punishment has to be reduced to reclusion perpetua for the crime of murder. For the physical injuries inflicted on Marcelino Paglinawan, the appellant will be sentenced to an indeterminate penalty of from 2 years and four months to 4 years, 9 months and 11 days of prision correccional; for the injuries of Angeles Paglinawan to 4 months and 1 day of arresto mayor, and for those of Matilde Tabanao to 21 days of arresto menor.

    The judgment appealed from is modified in the manner set forth in this decision with costs of this appeal against the Appellant.

    Moran, C.J., Ozaeta, Pablo, Bengzon, Padilla and Reyes, JJ., concur.

    G.R. No. L-2434   March 25, 1950 - PEOPLE OF THE PHIL. v. MACABANTUG RANGON ET AL. <br /><br />085 Phil 786




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