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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. 98196   January 31, 1995 : PEOPLE OF THE PHIL. vs. ELEUTERIO ADONIS

     

    THIRD DIVISION


    [G.R. No. 98196. January 31, 1995.]


    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELEUTERIO ADONIS alias "TANDANG", Accused-Appellant.


    D E C I S I O N


    FELICIANO, J.:


    Eleuterio Adonis appeals from the judgment of the trial court finding him guilty of murder.cralaw

    He was charged with murder in an information which reads as follows:chanroblesvirtuallawlibrary

    "That on or about the 10th day of June 1985 in the municipality of Dulag, Leyte, Philippines, and within the jurisdiction of the honorable court, the abovenamed accused, with deliberate intent to kill, with treacherous and evident premeditation, did then and there, willfully, unlawfully and feloniously attacked, assaulted, stabbed, and hacked, Benedicto Basas with a bladed weapon known as ' pisao' which the accused had provided himself, thereby hitting and inflicting on the latter a fatal wound that caused the instant death of Benedicto Basas.cralaw

    Contrary to law." 1

    At arraignment, Adonis pleaded not guilty. After trial, the court found him guilty beyond reasonable doubt of murder and sentenced him to reclusion perpetua and to pay P30,000.00 to the heirs of the victim Benedicto Basas.cralaw

    The judgment was based on factual findings outlined by the trial court as follows. At about 7:00 pm on 10 June 1985, after Benedicto Basas had finished his dinner in his home, he went down to their front yard together with his wife and son. Benedicto sat on a bench with his back against the street. His wife and 14-year old son also sat down, one somewhat to the right and the other somewhat to the left of Benedicto, but both facing Benedicto. The accused Eleuterio Adonis, also known as "Tandang," suddenly appeared behind Benedicto Basas and stabbed the latter once with a knife known as "pisao," killing him. Benedicto stood up and then fell down. Thereafter, Eleuterio ran away from the shocked wife and son of his victim.cralaw

    For his part, the accused Eleuterio invoked self-defense 2 and controverted the version of the prosecution witnesses. Eleuterio testified that while he and Bienvenido Arguta were passing by the house of Benedicto Basas, the latter suddenly hacked at him with a bolo but that he was not hit. Eleuterio retaliated by stabbing Benedicto with a knife, inflicting a single though mortal wound on the deceased. Eleuterio claimed that Benedicto had stood in front of his house, intoxicated and challenging passersby to a fight moments before his death.cralaw

    In his appeal, Eleuterio assigned the following as supposed errors of the trial court:chanroblesvirtuallawlibrary

    1. The trial court erred in choosing the version of the prosecution over the version of the defense on the basis of speculation, conjecture, and suspicion;

    2. the trial court erred in not acquitting the accused-appellant on the ground of reasonable doubt. 3

    After careful examination of the evidence on record, we find that appellant Eleuterio did not succeed in substantiating the above claimed errors.cralaw

    The well-entrenched doctrine in this jurisdiction is that when the accused invokes self-defense, he has the burden of proving the elements of that defense by clear and convincing evidence. To do so, he must rely on the strength of his own evidence and not on the weakness of the prosecution's. 4 For implicit in self-defense claimed by appellant Adonis is the admission that he had in fact killed Benedicto Basas; hence, even if the evidence for the prosecution were weak, it could not be disbelieved after the accused had owned the killing.cralaw

    Appellant failed to discharge his burden. The evidence presented to show unlawful aggression on the part of the victim is contradictory and thus clearly inadequate.cralaw

    Defense witnesses asserted that the deceased Basas was armed when he was killed, but their testimonies were at best inconsistent with each other. Appellant Eleuterio Adonis 5 and Uldarico Gobangco 6 testified that Basas was armed with a bolo when he was challenging passers by to a fight moments before his death. On cross-examination, however, Gobangco backed off from this claim:chanroblesvirtuallawlibrary

    "Atty. Martines (cross-examination):chanroblesvirtuallawlibrary

    Q. On that particular incident, was he drunk?

    Uldarico Gobangco:chanroblesvirtuallawlibrary

    A. He was drunk.cralaw

    Q. Was he armed with a bolo?

    A. He had none I was not able to see." 7

    This inconsistency does not merely deal with a minor detail. That Basas was armed on that occasion is crucial in establishing the fundamental requisite of self-defense: that Basas had exercised unlawful aggression against appellant. Adonis himself, of course, claimed that a bolo was used by Benedicto Basas in attacking him; his claim was, effectively, bereft of corroboration.cralaw

    There are other contradictions in the testimonies submitted for the defense which, while not as critical nonetheless cloud the credibility of the defense witnesses. Appellant Adonis testified that he went to his farm with his cousin Bienvenido Arguta at around 5:00 p.m. on June 10, 1985. 8 This conflicted with Arguta's assertion that he met accused at about 7:00 pm of June 10, 1985. 9 Appellant also stated that the road by the house of Basas where the crime took place was the only route to appellant's ricefield. 10 This is contrary to Arguta's statement that there were actually other routes to Eleuterio's ricefield. 11 Defense witness Gobangco testified that deceased Basas had announced "I will kill you!" when he attacked appellant. 12 But Arguta testified that he (alleged) attack of Basas on appellant was not preceded by any exchange of words. 13

    The defense also presented evidence to prove the bad moral character and quarrelsome disposition of the deceased. Barangay Captain Uldarico Gobangco testified that "whenever the victim got drunk, he would challenge anybody to a fight and that he was also [known] to steal a carabao." 14 The Barangay Captain also stated that, per the notebook where he customarily recorded all incidents occurring in their barangay, a complaint for theft had been lodged against the deceased Basas. The trial court, however, noted that the statements of the Barangay Captain Gobangco that the deceased had habitually challenged other people to a fight whenever he was drunk found no support in his own notebook.cralaw

    The testimony of the Barangay Captain was given neither credence nor weight by the trial court. While the accused may prove the bad moral character of the victim, the proof must be of his general reputation in the community and not merely of isolated and specific acts. 15 Thus, the mere allegation that a complaint for theft had been filed against the victim cannot establish his general reputation. Besides, there was no showing that Basas was ever convicted of that charge, assuming it had ever been filed.cralaw

    Moreover, as the trial court held, no evidentiary value can be attributed to the Barangay Captain's notebook. That notebook can hardly be considered an official record, for record-keeping is vested in the Barangay Secretary and not in the Barangay Captain. Moreover, an incomplete record, especially one with blank or torn pages allowing the inclusion or deletion of certain matters, lacks reliability; its contents are open to the suspicion that they are reflective not of all actual events, but only of those which the recorder, for reasons of his own, wanted to record.cralaw

    Even if it had been proved by competent evidence that the deceased was of a quarrelsome disposition, such evidence would only have established a probability that he had indeed started an unlawful assault on Eleuterio. 16 This probability cannot overcome the positive statement of the prosecution witnesses during trial that the accused-appellant had assaulted Basas without any provocation. 17

    It is well to recall that whether or not appellant acted in self-defense is essentially a question of fact. 18 The trial court judge, having seen and heard the witnesses during the trial, is necessarily in a better position than an appellate court to evaluate and weigh their testimonies. In the absence of any showing that the trial court failed to appreciate facts and circumstances that would have altered its conclusion, its factual findings must be accorded respect. We find no adequate reason to disturb the conclusion of the trial court that the appellant had not acted in legitimate self-defense.cralaw

    Upon the other-hand, the evidence presented by the prosecution did show beyond reasonable doubt the guilt of appellant. Rosalina Basas, wife of deceased Benedicto Basas, and their son Jovencio, positively identified accused-appellant Eleuterio Adonis as the person who had, without provocation, stabbed Basas to death. Jovencio Basas testified thus:chanroblesvirtuallawlibrary

    "Atty. Martinez: (Direct Examination)

    Q. What were you doing on that evening in question?

    Jovencio Basas:chanroblesvirtuallawlibrary

    A. After we ate our supper, my mother, my father and I went down.cralaw

    Q. To what place, you said "down"?

    A. To our porch, because we had just finished eating and we were there to breathe fresh air.cralaw

    Q. While you, your father and your mother were in the front yard on that evening in question, was there anything unusual that happened?

    A. Yes, my father (Benedicto Basas) was stabbed.cralaw

    Q. Who stabbed your father?

    A. Eleuterio Adonis, alias Tandang.cralaw

    Q. Do you know what kind of weapon was used in the stabbing of your father?

    A. Yes, sir, a pisao.cralaw

    Q. How many times was your father stabbed by the accused?

    A. Only once.cralaw

    Q. And after the accused stabbed your father once hitting him on the back, what did he do?

    A. He stood up, after standing, he fell to the ground.cralaw

    Q. You are referring to your father?

    A. Yes.cralaw

    Q. How about the accused, what did he do?

    A. He ran away.cralaw

    Q. Was there any light in your front yard when this incident happened?

    A. Yes, there was a home-made lamp which was placed on a stand." 19

    Jovencio Basas stuck to his testimony under cross-examination:chanroblesvirtuallawlibrary

    "Atty. Canete: (Cross Examination)

    Q. When you saw the accused for the first time, you saw that he was already armed with a small bolo without a scabbard, correct?

    Jovencio Basas:chanroblesvirtuallawlibrary

    A. He immediately drew a pisao from his side and used it in stabbing my father?

    Q. When the accused drew that small bolo, was that the first time you saw the accused while he was about two meters away from your father?

    A. When I saw him, he immediately drew his pisao from his side and stabbed my father immediately.cralaw

    xxx xxx xxx


    Q. Did you not shout to your father to give him a warning when you saw the accused draw his bolo?

    A. I could not shout because when he appeared he immediately stabbed my father, I could not shout anymore. 20

    Rosalinda Basas, reiterating the gist of Jovencio's testimony, was just as forthright. She stated:chanroblesvirtuallawlibrary

    "Atty. Martinez: (Direct Examination)

    Q. After you had eaten your supper, where did you go?

    Rosalinda Basas:chanroblesvirtuallawlibrary

    A. We went down the house to the front yard to breathe fresh air.cralaw

    Q. While you, your husband and your son were in the front yard of your house which is situated in Brgy. Baluntuhan, Dulag, Leyte, was there any unusual incident that happened?

    A. Yes, sir.cralaw

    Q. What happened?

    A. My husband was stabbed by Eleuterio Adonis.cralaw

    Q. What weapon was used by Eleuterio Adonis in stabbing your husband?

    A. A ' pisao'.cralaw

    xxx xxx xxx


    Q. Was your husband hit when he was stabbed by the accused with that ' pisao'?

    A. Yes, he was hit on his back.cralaw

    Q. Do you remember how many times was your husband stabbed by the accused?

    A. Only once.cralaw

    Q. After your husband was stabbed once and was hit at the back by the accused, what did the accused do?

    A. He ran away.cralaw

    Q. Was there any light in your front yard when the incident happened?

    A. There was a home-made lamp in our porch." 21

    We agree with the trial court that the element of treachery was adequately proved. The attack delivered by appellant Eleuterio was sudden, without warning of any kind. One thrust of the ' pisao' on the unprotected back of Benedicto Basas, then unarmed and peacefully digesting his evening meal, was all that was necessary. Eleuterio promptly ran away, before the wife and son of the victim could recover from the shock of seeing Benedicto suddenly stand up and then crumple to the ground. The speed and dispatch with which the deed was done argues clearly that the mode of attack had been devised and sought rather than improvised at the spur of the moment.cralaw

    We conclude that the trial court erred only in awarding an indemnity to the heirs of the victim in the amount of Thirty Thousand Pesos (P30,00.00). The amount awarded should have been Fifty Thousand Pesos (P50,000.00). 22

    WHEREFORE, the decision of the trial court finding appellant Eleuterio Adonis guilty of murder and sentencing him to reclusion perpetua is hereby AFFIRMED, with the sole modification that he shall pay the heirs of Benedicto Basas an indemnity of Fifty Thousand Pesos (P50,000.00)

    SO ORDERED.cralaw

    Romero, Melo, Vitug and Francisco, JJ., concur.

    Endnotes:




    1. Rollo, p. 16.cralaw

    2. Appellant's Brief, p. 3; Rollo, p. 87.cralaw

    3. Appellant's Brief, p. 3; Rollo, p. 87.cralaw

    4. People vs. Tidong, 225 SCRA 324 (1993); People vs. Quilaton, 205 SCRA 279 (1992); People vs. Mindac, 216 SCRA 558 (1992).cralaw

    5. TSN, 20 November 1987, p. 4; Records, p. 55.cralaw

    6. TSN, 11 March 1988, p. 4; Records, p. 70.cralaw

    7. TSN, 1 June 1988, p. 11; Records, p. 87.cralaw

    8. TSN, 20 November 1987, p. 3; Records, p. 54.cralaw

    9. TSN, 31 August 1988, p. 2; Records, p. 99.cralaw

    10. TSN, 20 November 1987, p. 6; Records, p. 57.cralaw

    11. TSN 31 August 1988, p. 7; Records, p. 104.cralaw

    12. TSN, 11 March 1988, p. 4; Records, p. 70.cralaw

    13. TSN, 31 August 1988, p. 9; Records, p. 106.cralaw

    14. TSN, 11 March 1988, p. 6; Records, p. 72.cralaw

    15. Section 41, Rule 130, Rules of Court; People vs. Babiera, 52 Phil. 97 (1928).cralaw

    16. Section 51 (3), Rule 130, Rules of Court.cralaw

    17. People vs. Sazon, 189 SCRA 700 (1990); People vs. Pinto, 204 SCRA 9 (1991); People vs. Babiera, supra.cralaw

    18. People vs. Binondo, 214 SCRA 764 (1992); People vs. Sazon, supra.cralaw

    19. TSN, 20 February 1986, pp. 5-6; Records, pp. 6-7.cralaw

    20. TSN, 20 February 1986, pp. 11-12; Records, pp. 12-13.cralaw

    21. TSN, 21 August 1986, pp. 4-7; Records, pp. 25-28.cralaw

    22. People vs. Sison, 189 SCRA (1990); People vs. Sazon, supra.

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


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