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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
 

   
January-1995 Jurisprudence                 

  • G.R. No. 107660. January 2, 1995 : RAMON C. LOZON, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION (Second Division) and PHILIPPINE AIRLINES, INC., Respondents.

  • G.R. No. 101545 January 3, 1995 : HERMENEGILDO M. MAGSUCI vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 112019 January 4, 1995 : LEOUEL SANTOS vs. COURT OF APPEALS, ET AL.

  • G.R. No. 115147 January 4, 1995 : GEORGE I. RIVERA vs. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 117568 January 4, 1995 : ROLANDO B. ANGELES vs. DIRECTOR OF NEW BILIBID PRISON

  • G.R. Nos. 109642-43 January 5, 1995 : LESLIE W. ESPINO vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 108172-73 January 9, 1995 : PEOPLE OF THE PHIL. vs. CONRADO B. LUCAS

  • G.R. Nos. 59550 & 60636 January 11, 1995 : EDILBERTO NOEL, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 106087 January 11, 1995 : ROLITO T. GO vs. COURT OF APPEALS, ET AL.

  • G.R. Nos. 117442-43 January 11, 1995 : FEM'S ELEGANCE LODGING HOUSE, ET AL. vs. LEON P. MURILLO

  • G.R. No. 98332 January 16, 1995 : MINERS ASSOCIATION OF THE PHIL. vs. FULGENCIO S. FACTORAN, JR., ET AL.

  • G.R. No. 91283 January 17, 1995 : PEOPLE OF THE PHIL. vs. ALFREDO ALCANTARA, ET AL.

  • G.R. No. 109704 January 17, 1995 : ALFREDO B. FELIX vs. BRIGIDA BUENASEDA

  • Adm. Matter No. RTJ-93-1088 January 18, 1995 : TERESITA ARMI R. GUILLERMO vs. JOSE C. REYES, JR.

  • G.R. No. 104497 January 18, 1995 : PEOPLE OF THE PHIL. vs. ALEX RAMOS, ET AL.

  • G.R. No. 105007 January 18, 1995 : PEOPLE OF THE PHIL. vs. REYNALDO CORPUZ, ET AL.

  • G.R. No. 111222 January 18, 1995 : CITIBANK, N.A. vs. JOSE C. GATCHALIAN

  • G.R. No. 111288 January 18, 1995 : PEOPLE OF THE PHIL. vs. RENE NUESTRO, ET AL.

  • G.R. No. 112529 January 18, 1995 : PEOPLE OF THE PHIL. vs. GREGORIO CURA , ET AL.

  • G.R. No. 91492 January 19, 1995 : PEOPLE OF THE PHIL. vs. VALENTINO GAMIAO, ET AL.

  • G.R. No. 103800 January 19, 1995 : PEOPLE OF THE PHIL. vs. AUGUSTO CHING

  • G.R. No. 113517 January 19, 1995 : PEOPLE OF THE PHIL. vs. FLORESTAN D. NITCHA

  • Adm. Matter No. MTJ-94-920 January 20, 1995 : AGRIPINO S. BELEN vs. SANTIAGO E. SORIANO

  • Adm. Matter No. MTJ-94-972 January 20, 1995 : ETERIA T. TAN vs. MAMERTO Y. COLIFLORES

  • Adm. Case No. 1647 January 20, 1995 : ELENA VDA. DE ECO vs. BENJAMIN RAMIREZ

  • CBD Case No. 176 January 20, 1995 : SALLY D. BONGALONTA vs. PABLITO M. CASTILLO, ET AL.

  • G.R. Nos. 86305-06 January 20, 1995 : PEOPLE OF THE PHIL. vs. JOSE DAQUIPIL, ET AL.

  • G.R. Nos. 96943-45 January 20, 1995 : PEOPLE OF THE PHIL. vs. ALEX ABITONA

  • G.R. No. 101229 January 20, 1995 : PEOPLE OF THE PHIL. vs. REO DALIMPAPAS PAJARES, ET AL.

  • G.R. No. 104576 January 20, 1995 : MARIANO L. DEL MUNDO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 106843 January 20, 1995 : POCKETBELL PHILIPPINES, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108358 January 20, 1995 : COMMISSIONER OF INTERNAL REVENUE vs. COURT OF APPEALS, ET AL.

  • G.R. No. 96073 January 23, 1995 : REPUBLIC OF THE PHIL. vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 96652 January 25, 1995 : PEOPLE OF THE PHIL. vs. NESTOR G. CASCALLA

  • G.R. No. 101302 January 25, 1995 : JAIME C. DACANAY vs. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 107152 January 25, 1995 : MANUEL M. ALLEJE vs. COURT OF APPEALS, ET AL.

  • G.R. No. 109113 January 25, 1995 : CONCERNED OFFICIALS OF THE MWSS vs. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 109616 January 25, 1995 : PEOPLE OF THE PHIL. vs. MARTINA P. MACARIO, ET AL.

  • G.R. No. 110290 January 25, 1995 : PEOPLE OF THE PHIL. vs. JAIME "JIMMY" AGUSTIN, ET AL.

  • G.R. No. 111238 January 25, 1995 : ADELFA PROPERTIES, INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 115932 January 25, 1995 : SPS JOSE B. TIONGCO AND LETICIA M. TIONGCO vs. SEVERIANO C. AGUILA, ET AL.

  • Adm. Matter No. RTJ-94-1208 January 26, 1995 : JACINTO MAPPALA vs. CRISPULO A. NUÑEZ

  • G.R. No. 84096 January 26, 1995 : RAUL H. SESBRENO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 108592 January 26, 1995 : NILO MERCADO vs. COURT OF APPEALS

  • G.R. No. 110107 January 26, 1995 : PEOPLE OF THE PHIL. vs. DOLORES C. LORENZO

  • G.R. No. 111805 January 26, 1995 : PEOPLE OF THE PHIL. vs. ROBERTO R. CAJAMBAB

  • G.R. No. 115044 January 27, 1995 : ALFREDO S. LIM vs. FELIPE G. PACQUING

  • Adm. Matter No. RTJ-92-813 January 30, 1995 : RAMON ABAD vs. ANTONIO BELEN

  • G.R. No. L-56290 January 30, 1995 : GOVERNMENT SERVICE INSURANCE SYSTEM vs. COURT OF APPEALS, ET AL.

  • G.R. No. 99358 January 30, 1995 : DJUMANTAN vs. ANDREA D. DOMINGO, ET AL.

  • G.R. No. 111290 January 30, 1995 : PEOPLE OF THE PHIL. vs. REX TABAO

  • G.R. No. 98196 January 31, 1995 : PEOPLE OF THE PHIL. vs. ELEUTERIO ADONIS

  • G.R. No. 113458 January 31, 1995 : JOSE MARCELO, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 107660 January 2, 1995 - RAMON C. LOZON v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 101545 January 3, 1995 - HERMENEGILDO M. MAGSUCI v. SANDIGANBAYAN, ET AL.

  • G.R. No. 112019 January 4, 1995 - LEOUEL SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 115147 January 4, 1995 - GEORGE I. RIVERA v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 117568 January 4, 1995 - ROLANDO B. ANGELES v. DIRECTOR OF NEW BILIBID PRISON

  • G.R. Nos. 109642-43 January 5, 1995 - LESLIE W. ESPINO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 108172-73 January 9, 1995 - PEOPLE OF THE PHIL. v. CONRADO B. LUCAS

  • G.R. Nos. 59550 & 60636 January 11, 1995 - EDILBERTO NOEL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106087 January 11, 1995 - ROLITO T. GO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 117442-43 January 11, 1995 - FEM’S ELEGANCE LODGING HOUSE, ET AL. v. LEON P. MURILLO

  • G.R. No. 98332 January 16, 1995 - MINERS ASSOCIATION OF THE PHIL. v. FULGENCIO S. FACTORAN, JR., ET AL.

  • G.R. No. 91283 January 17, 1995 - PEOPLE OF THE PHIL. v. ALFREDO ALCANTARA, ET AL.

  • G.R. No. 109704 January 17, 1995 - ALFREDO B. FELIX v. BRIGIDA BUENASEDA

  • Adm. Matter No. RTJ-93-1088 January 18, 1995 - TERESITA ARMI R. GUILLERMO v. JOSE C. REYES, JR.

  • G.R. No. 104497 January 18, 1995 - PEOPLE OF THE PHIL. v. ALEX RAMOS, ET AL.

  • G.R. No. 105007 January 18, 1995 - PEOPLE OF THE PHIL. v. REYNALDO CORPUZ, ET AL.

  • G.R. No. 111222 January 18, 1995 - CITIBANK, N.A. v. JOSE C. GATCHALIAN

  • G.R. No. 111288 January 18, 1995 - PEOPLE OF THE PHIL. v. RENE NUESTRO, ET AL.

  • G.R. No. 112529 January 18, 1995 - PEOPLE OF THE PHIL. v. GREGORIO CURA , ET AL.

  • G.R. No. 91492 January 19, 1995 - PEOPLE OF THE PHIL. v. VALENTINO GAMIAO, ET AL.

  • G.R. No. 103800 January 19, 1995 - PEOPLE OF THE PHIL. v. AUGUSTO CHING

  • G.R. No. 113517 January 19, 1995 - PEOPLE OF THE PHIL. v. FLORESTAN D. NITCHA

  • Adm. Matter No. MTJ-94-920 January 20, 1995 - AGRIPINO S. BELEN v. SANTIAGO E. SORIANO

  • Adm. Matter No. MTJ-94-972 January 20, 1995 - ETERIA T. TAN v. MAMERTO Y. COLIFLORES

  • Adm. Case No. 1647 January 20, 1995 - ELENA VDA. DE ECO v. BENJAMIN RAMIREZ

  • CBD Case No. 176 January 20, 1995 - SALLY D. BONGALONTA v. PABLITO M. CASTILLO, ET AL.

  • G.R. Nos. 86305-06 January 20, 1995 - PEOPLE OF THE PHIL. v. JOSE DAQUIPIL, ET AL.

  • G.R. Nos. 96943-45 January 20, 1995 - PEOPLE OF THE PHIL. v. ALEX ABITONA

  • G.R. No. 101229 January 20, 1995 - PEOPLE OF THE PHIL. v. REO DALIMPAPAS PAJARES, ET AL.

  • G.R. No. 104576 January 20, 1995 - MARIANO L. DEL MUNDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 106843 January 20, 1995 - POCKETBELL PHILIPPINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108358 January 20, 1995 - COMMISSIONER OF INTERNAL REVENUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 96073 January 23, 1995 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 96652 January 25, 1995 - PEOPLE OF THE PHIL. v. NESTOR G. CASCALLA

  • G.R. No. 101302 January 25, 1995 - JAIME C. DACANAY v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 107152 January 25, 1995 - MANUEL M. ALLEJE v. COURT OF APPEALS, ET AL.

  • G.R. No. 109113 January 25, 1995 - CONCERNED OFFICIALS OF THE MWSS v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 109616 January 25, 1995 - PEOPLE OF THE PHIL. v. MARTINA P. MACARIO, ET AL.

  • G.R. No. 110290 January 25, 1995 - PEOPLE OF THE PHIL. v. JAIME "JIMMY" AGUSTIN, ET AL.

  • G.R. No. 111238 January 25, 1995 - ADELFA PROPERTIES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115932 January 25, 1995 - SPS JOSE B. TIONGCO AND LETICIA M. TIONGCO v. SEVERIANO C. AGUILA, ET AL.

  • Adm. Matter No. RTJ-94-1208 January 26, 1995 - JACINTO MAPPALA v. CRISPULO A. NUÑEZ

  • G.R. No. 84096 January 26, 1995 - RAUL H. SESBRENO v. COURT OF APPEALS, ET AL.

  • G.R. No. 108592 January 26, 1995 - NILO MERCADO v. COURT OF APPEALS

  • G.R. No. 110107 January 26, 1995 - PEOPLE OF THE PHIL. v. DOLORES C. LORENZO

  • G.R. No. 111805 January 26, 1995 - PEOPLE OF THE PHIL. v. ROBERTO R. CAJAMBAB

  • G.R. No. 115044 January 27, 1995 - ALFREDO S. LIM v. FELIPE G. PACQUING

  • Adm. Matter No. RTJ-92-813 January 30, 1995 - RAMON ABAD v. ANTONIO BELEN

  • G.R. No. L-56290 January 30, 1995 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 99358 January 30, 1995 - DJUMANTAN v. ANDREA D. DOMINGO, ET AL.

  • G.R. No. 111290 January 30, 1995 - PEOPLE OF THE PHIL. v. REX TABAO

  • G.R. No. 98196 January 31, 1995 - PEOPLE OF THE PHIL. v. ELEUTERIO ADONIS

  • G.R. No. 113458 January 31, 1995 - JOSE MARCELO, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  •  





     
     

    G.R. No. 110107   January 26, 1995 : PEOPLE OF THE PHIL. vs. DOLORES C. LORENZO

     

    FIRST DIVISION


    [G.R. No. 110107. January 26, 1995.]


    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DOLORES LORENZO Y CORSINO, Accused-Appellant.


    D E C I S I O N


    DAVIDE, JR., J.:


    For having allegedly killed her husband on 30 July 1990, Accused-Appellant.Dolores Lorenzo y Corsino, a policewoman, was charged with the crime of parricide in an information 1 filed with the Regional Trial Court (RTC), Tuguegarao, Cagayan, on 30 March 1992. The information was docketed as Criminal Case No. 2060-92-TUG and raffled to Branch 5. The accusatory portion thereof reads as follows:chanroblesvirtuallawlibrary

    "That on or about July 30, 1990, in the Municipality of Tuguegarao, Province of Cagayan, and within the jurisdiction of this Honorable Court, the said accused, PO1 Dolores C. Lorenzo, armed with a bolo and a fan knife, with intent to kill, with evident premeditation and with treachery did then and there wilfully, unlawfully and feloniously attack, assault, stab, hack and chop one, Agapito Lorenzo, her own husband, inflicting upon him several injuries on the different parts of his body which caused his death.cralaw

    That in the commission of the offense, the aggravating circumstance of cruelty was present."

    After due trial, the trial court promulgated on 24 February 1993 2 its judgment finding the appellant guilty of the crime of parricide and sentencing her to suffer the penalty of reclusion perpetua and to pay the heirs of the victim P50,000.00.cralaw

    At the trial, the prosecution presented barangay captain Isabelo Liban and SPO1 Jose Eclipse as its witnesses. The defense presented the appellant herself and Romeo Racheta. The versions of both the prosecution and the defense are summarized by the trial court as follows:chanroblesvirtuallawlibrary

    "The prosecution's evidence tells the following story:chanroblesvirtuallawlibrary

    Agapito Lorenzo and accused Dolores Lorenzo were spouses residing in Looban, Barangay 12, Balzain, Tuguegarao, Cagayan. Among their neighbors are Barangay Captain Isabelo Liban, Romeo Racheta and Robert Santos.cralaw

    In the evening of July 30, 1990, SPO1 Jose Eclipse of the Tuguegarao PNP Station was in Balzain, Tuguegarao, Cagayan because that was his post for the night. At about a little past 10:00 o'clock that evening, a tricycle driver went to Policeman Eclipse and reported to him a stabbing incident in said Barangay 12;

    Policeman Eclipse rushed to the reported crime scene. On his way, he met PO1 Dolores Lorenzo, a policewoman of his own Station who immediately surrendered to him a blood-stained bolo and a fan knife and told him, 'I killed my husband'.cralaw

    The two proceeded to where the victim was. In front of the store of Barangay Captain Isabelo Liban, Policeman Eclipse saw Agapito sprawled on the ground with blood all over his body.cralaw

    Policeman Eclipse called for Barangay Captain Liban to come out of his house. In the presence and within the hearing of said barangay official, Policewoman Lorenzo again said, 'I'm surrendering because I killed my husband'.cralaw

    Policeman Eclipse ordered somebody to get a tricycle to bring the lifeless body of Agapito Lorenzo to a funeral parlor while he and Policewoman Lorenzo went to the Tuguegarao PNP Station. Policeman Eclipse turned over Policewoman Lorenzo together with the bolo and knife to the Desk Officer, SPO3 Urbano Aquino. Eclipse then orally made his report to the Desk Officer which was noted down in the Police Blotter.cralaw

    The defense painted another picture of the incident. It's theory is that it was not Policewoman Lorenzo but a certain Robert Santos who killed Agapito. Here is the defense's version of the incident.cralaw

    In the afternoon of July 30, 1990, Agapito Lorenzo and his neighbor Robert Santos were in the former's house passing the time over a bottle of beer grande. When Policewoman Lorenzo arrived home from work, Agapito, in the presence of Robert Santos, met her with the following intemperate questions: 'Your mother's cunt, why do you arrive only now? Where did you come from?' To avoid further scandal, Policewoman Lorenzo just keep quiet, went to change her clothes and proceeded to the kitchen to prepare supper. Finding nothing to cook, she asked permission from her husband to go to market.cralaw

    Policewoman Lorenzo went to market and then immediately went back home to cook what she bought. While cooking in the kitchen, she heard a heated exchange of words between Robert Santos and her husband in the sala of their house pertaining to some bullets and a hand grenade which the latter gave Robert Santos.cralaw

    Policewoman Lorenzo went to the sala to pacify the quarelling men only to meet Robert Santos running out of the house with a bolo and being chased by Agapito Lorenzo who was holding a knife in his hand and whose clothes were splattered with blood. When Agapito overtook Robert, a struggle for the possession of the bolo ensued between the two men.cralaw

    While wrestling, Agapito dropped his knife. Policewoman Lorenzo picked it up and tried to stab Robert with it but she was so overwhelmed by nervousness that she collapsed into unconsciousness. Seconds later on, she regained consciousness and found herself beside her dying husband.cralaw

    Policewoman Lorenzo stood and picked up the knife and bolo. It was at this precise time when Policeman Eclipse arrived at the scene of the incident.cralaw

    Policewoman Lorenzo gave the knife and bolo to Policeman Eclipse. The Policeman invited her to go with him to the Tuguegarao PNP Station. She obliged. When the two arrived at the police station, Policeman Eclipse, in the presence of Policewoman Lorenzo, reported to the Desk Officer that the latter killed her husband. Since the policewoman had not yet fully recovered her composure, she did not say anything." 3

    The trial court gave full faith and credit to the testimonies of the prosecution witnesses. It found nothing on record which showed that their impartiality had been vitiated or compromised or that they had any motive to falsely impute upon the appellant the commission of the crime. It further declared that when the appellant surrendered the knife and bolo to SPO1 Eclipse and volunteered the information that she killed her husband, she made an extrajudicial confession and nothing more was needed to prove her culpability. 4 The trial court held that the confession was admissible for it was not made in violation of paragraph 1, Section 12, Article III of the Constitution. 5 The appellant was neither under police custody nor under investigation in connection with the killing of her husband.cralaw

    The trial court rejected the story of the defense and characterized it as "palpably a put-up scenario . . . [A] story which runs against the grain of ordinary reality, controverts logic and assails common sense." 6

    "First, Accused Policewoman Lorenzo testified that it is not true that she confessed to Policeman Eclipse in the presence of Barangay Captain Liban that she killed her husband. If her denial is true, why did she not correct or even protest when Policeman Eclipse reported to the Desk Officer that she confessed having killed her husband? Why did she not even try to correct the entry in the police blotter containing said inculpatory report? On the contrary, by some inexplicable quirk, she even let the cat out when she presented in evidence Exhibit "1".cralaw

    Second, Accused put forth the theory of her defense: it was not she but Robert Santos who did her husband in. This theory is shot. If this is true, why did she not tell it to Policeman Eclipse and Barangay Captain Liban at the scene of the crime? Why did she withhold such a very vital information when she was brought to the Tuguegarao PNP Station shortly after the incident? But the biggest

    G.R. No. 110107   January 26, 1995 : PEOPLE OF THE PHIL. vs. DOLORES C. LORENZO


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