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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
 

   
July-1996 Jurisprudence                 

  • G.R. No. 116600 July 3, 1996 - PEOPLE OF THE PHIL. v. REYNALDO LANDICHO

  • G.R. No. 119527 July 3, 1996 - EVELYN J. GARCIA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121910 July 3, 1996 - NATIONAL WATERWORKS AND SEWERAGE AUTHORITY, ET AL. v. NLRC

  • G.R. Nos. 98121-22 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO R. SALAZAR

  • G.R. No. 100629 July 5, 1996 - ENELYN E. PEÑA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 100699 July 5, 1996 - PEOPLE OF THE PHIL. v. EDGAR C. GUTIERREZ

  • G.R. No. 102377 July 5, 1996 - ALFREDO SAJONAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 102998 July 5, 1996 - BA FINANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105583 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO TAMPON

  • G.R. No. 106296 July 5, 1996 - ISABELO T. CRISOSTOMO v. COURT OF APPEALS, ET AL.

  • G.R. No. 106413 July 5, 1996 - REPUBLIC OF THE PHIL. v. TACLOBAN CITY ICE PLANT, ET AL.

  • G.R. No. 107698 July 5, 1996 - GLORIA Z. GARBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 107824 July 5, 1996 - SUPERCLEAN SERVICES CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 109173 July 5, 1996 - CITY OF CEBU v. COURT OF APPEALS, ET AL.

  • G.R. No. 111324 July 5, 1996 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. COURT OF APPEALS, ET AL.

  • G.R. No. 111549 July 5, 1996 - PEOPLE OF THE PHIL. v. ARTEMIO P. ORTALEZA

  • G.R. Nos. 113178 & 114777 July 5, 1996 - RADIO COMMUNICATIONS OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 113549 July 5, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113827 July 5, 1996 - PHILIPPINE AIRLINES INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113948 July 5, 1996 - ARMANDO NICOLAS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114002 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO C. COMPENDIO, JR.

  • G.R. No. 115216 July 5, 1996 - PEOPLE OF THE PHIL. v. DAVID CABILES

  • G.R. No. 115825 July 5, 1996 - FRANKLIN DRILON v. COURT OF APPEALS, ET AL.

  • G.R. No. 116208 July 5, 1996 - PEOPLE OF THE PHIL. v. ESMAEL SALIDO

  • G.R. No. 116693 July 5, 1996 - PURITA DE LA PEÑA, ET AL. v. PEDRO R. DE LA PEÑA, ET AL.

  • G.R. No. 118203 July 5, 1996 - EMILIO A. SALAZAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118231 July 5, 1996 - VICTORIA L. BATIQUIN, ET AL. v. COURT OF APPEALS

  • G.R. No. 118284 July 5, 1996 - MAMERTO REFUGIA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118562 July 5, 1996 - ANGLO-KMU v. SAMANA BAY, ET AL.

  • G.R. No. 118691 July 5, 1996 - ALEJANDRO BAYOG, ET AL. v. ANTONIO M. NATINO, ET AL.

  • G.R. Nos. 118712 & 118745 July 5, 1996 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118824 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO GARCIA

  • G.R. No. 119069 July 5, 1996 - PEOPLE OF THE PHIL. v. DANILO EXCIJA

  • G.R. No. 119845 July 5, 1996 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120949 July 5, 1996 - ARACELI RAMOS FONTANILLA v. PEOPLE OF THE PHIL.

  • G.R. No. 121180 July 5, 1996 - GERARD A. MOSQUERA v. DELIA H. PANGANIBAN, ET AL.

  • G.R. No. 121592 July 5, 1996 - ROLANDO P. DELA TORRE v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 122807 July 5, 1996 - ROGELIO P. MENDIOLA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-91-712 July 9, 1996 - BEN D. MARCES, SR. v. PAUL T. ARCANGEL

  • G.R. No. 88189 July 9, 1996 - PEOPLE OF THE PHIL. v. TIBURCIO ABALOS

  • G.R. No. 103922 July 9, 1996 - SANTIAGO LAND DEVELOPMENT COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 104312 July 9, 1996 - PEOPLE OF THE PHIL. v. MARIO CABALLERO

  • G.R. No. 109563 July 9, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 114058 July 10, 1996 - PEOPLE OF THE PHIL. v. ZALDY B. FRANCISCO

  • G.R. No. 74495 July 11, 1996 - DUMEZ COMPANY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 80437-38 July 11, 1996 - PEOPLE OF THE PHIL. v. ROBERTO B. ABORDO

  • G.R. Nos. 94376-77 July 11, 1996 - PEOPLE OF THE PHIL. v. ELMER O. BELGA

  • G.R. No. 103174 July 11, 1996 - AMADO B. TEODORO v. COURT OF APPEALS, ET AL.

  • G.R. No. 103968 July 11, 1996 - PEOPLE OF THE PHIL. v. DIMSON M. GARDE

  • G.R. No. 104860 July 11, 1996 - CITYTRUST BANKING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 106418 July 11, 1996 - DANIEL L. BORBON II, ET AL. v. SERVICEWIDE SPECIALISTS, INC., ET AL.

  • G.R. No. 109156 July 11, 1996 - STOLT-NIELSEN MARINE SERVICES (PHILS.) INC. v. NLRC, ET AL.

  • G.R. No. 110207 July 11, 1996 - FLORENTINO REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116221 July 11, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO G. GABRIS

  • Adm. Matter No. P-93-995 July 12, 1996 - ROBERTO JALBUENA v. EGARDO GELLADA, ET AL.

  • G.R. No. 88126 July 12, 1996 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 96795 July 12, 1996 - ANTONIO M. CORRAL v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108926 July 12, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116128 & 116461 July 12, 1996 - ALLIED BANKING CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121139 July 12, 1996 - ISIDRO B. GARCIA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 88822 July 15, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO M. TUVILLA

  • G.R. No. 117661 July 15, 1996 - DANIEL VILLANUEVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 83437-38 July 17, 1996 - PEOPLE OF THE PHIL. v. WILFREDO R. GUARIN

  • G.R. No. 98458 July 17, 1996 - COCOLAND DEV. CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 102037 July 17, 1996 - MELANIO IMPERIAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106977 July 17, 1996 - PEOPLE OF THE PHIL. v. AQUILIO ACABO

  • G.R. Nos. 109396-97 July 17, 1996 - PEOPLE OF THE PHIL. v. ROMEO S. OARGA

  • G.R. No. 114795 July 17, 1996 - LUCITA Q. GARCES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116728 July 17, 1996 - PEOPLE OF THE PHIL. v. RODELIO S. CRUZ

  • G.R. No. 120496 July 17, 1996 - FIVE STAR BUS CO., INC., ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-96-1088 July 19, 1996 - RODOLFO G. v. HERNANDO C. DOMAGTOY

  • G.R. Nos. 70168-69 July 24, 1996 - RAFAEL T. MOLINA, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 95940 July 24, 1996 - PANTRANCO NORTH EXPRESS, INC. v. NLRC, ET AL.

  • G.R. No. 108052 July 24, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 110241 July 24, 1996 - ASIA BREWERY, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 115008-09 July 24, 1996 - PEOPLE OF THE PHIL. v. DANIEL C. QUIJADA

  • G.R. No. 120043 July 24, 1996 - AMERICAN HOME ASSURANCE CO., ET AL v. NLRC, ET AL.

  • G.R. No. 120099 July 24, 1996 - EDUARDO T. RODRIGUEZ v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 120303 July 24, 1996 - FEDERICO GEMINIANO, ET AL. v. COURT OF APPEALS, ET Al.

  • Adm. Matter No. RTJ-96-1336 July 25, 1996 - JOCELYN TALENS-DABON v. HERMIN E. ARCEO

  • G.R. No. 95223 July 26, 1996 - ALLIED BANKING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105673 July 26, 1996 - PEOPLE OF THE PHIL. v. ANTONIO MAGANA

  • G.R. Nos. 105690-91 July 26, 1996 - PEOPLE OF THE PHIL v. RODOLFO CAGUIOA, SR.

  • G.R. No. 110731 July 26, 1996 - SHOPPERS GAIN SUPERMART, ET AL. v. NLRC, ET AL.

  • G.R. No. 111127 July 26, 1996 - ENGRACIO FABRE, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112175 July 26, 1996 - PEOPLE OF THE PHIL. v. RODOLFO DIAZ

  • G.R. Nos. 114280 & 115224 July 26, 1996 - PHILIPPINE AIRLINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 115683 July 26, 1996 - DELIA MANUEL v. DAVID ALFECHE, JR., ET AL.

  • G.R. No. 118434 July 26, 1996 - SIXTA C. LIM v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 119225 July 26, 1996 - PEOPLE OF THE PHIL. v. RODRIGO G. ABUTIN

  • G.R. No. 119328 July 26, 1996 - PROVIDENT INT’L. RESOURCES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119673 July 26, 1996 - IGLESIA NI CRISTO (INC.) v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-93-783 July 29, 1996 - OFFICE OF THE COURT ADMINISTRATOR v. FILOMENO PASCUAL

  • G.R. Nos. 97556 & 101152 July 29, 1996 - DAMASO S. FLORES v. COURT OF APPEALS, ET AL.

  • G.R. No. 111639 July 29, 1996 - MIDAS TOUCH FOOD CORPORATION v. NLRC, ET AL.

  • G.R. No. 114313 July 29, 1996 - MGG MARINE SERVICES, INC., ET AL. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1148 July 30, 1996 - PEDRO ROQUE, ET AL. v. ZENAIDA GRIMALDO

  • G.R. No. 102557 July 30, 1996 - ALFONSO D. ZAMORA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108028 July 30, 1996 - PEOPLE OF THE PHIL. v. CRISTINA M. HERNANDEZ

  • G.R. No. 116512 July 30, 1996 - PEOPLE OF THE PHIL. v. LEOPOLDO BACANG, ET AL.

  • G.R. No. 116542 July 30, 1996 - HONGKONG AND SHANGHAI BANKING CORP. v. NLRC, ET AL.

  • G.R. No. 118590 July 30, 1996 - D.M. CONSUNJI, INC. v. RAMON S. ESGUERRA, ET AL.

  • G.R. No. 122241 July 30, 1996 - BOARD OF OPTOMETRY, ET AL. v. ANGEL B COLET, ET. AL.

  • G.R. Nos. 111517-19 July 31, 1996 - PEOPLE OF THE PHIL. v. ROGER N. AUSTRIA

  • G.R. No. 112233 July 31, 1996 - COKALIONG SHIPPING LINES v. OMAR U. AMIN

  • G.R. No. 112611 July 31, 1996 - CLARA ATONG VDA. DE PANALIGAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116015 July 31, 1996 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 119306 July 31, 1996 - PEOPLE OF THE PHIL. v. DANTE BELTRAN

  • G.R. No. 121917 July 31, 1996 - ROBIN CARIÑO PADILLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 122274 July 31, 1996 - SUSAN V. LLENES v. ISAIAS P. DICDICAN, ET AL.

  • G.R. No. 122749 July 31, 1996 - ANTONIO A. S. VALDES v. RTC, BRANCH 102, QUEZON CITY, ET AL.

  •  





     
     

    G.R. No. 116208   July 5, 1996 - PEOPLE OF THE PHIL. v. ESMAEL SALIDO

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 116208. July 5, 1996.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ESMAEL SALIDO, MANNY BULOD, TENG CODALEZ, CAMARUDIN SILANGAN, ROBERT BALABAGIN, ALLAN KAWASA, FAHAD ZACARIA alias "Alvin", ALEX INEDAL, MOLIBAS SINDAD, BARTOLOME MABUTI, ROBERTO DIVINA and JOHN DOES, Accused, ALLAN KAWASA, Accused-Appellant.


    D E C I S I O N


    MELO, J.:


    Allan Kawasa is before us on appeal from the decision of the Regional Trial Court of the National Capital Region, convicting him, together with two others, Fahad Zacaria alias "Alvin" and Molibas Sindad (who did not appeal), of the crime of kidnapping and sentencing him to suffer the penalty of reclusion perpetua and to indemnify, jointly and severally with the other two above-named accused, the offended party in the sum of P20,000.00. He now seeks a retrial.

    Accused-appellant, with ten others and several John Does, was charged in an Amended Information which reads as follows:chanrob1es virtual 1aw library

    That on or about 06 January 1993 at around 7:00 in the morning along Taft Avenue, Pasay City . . . the above-named accused conspiring, confederating and mutually helping one another, after introducing themselves as CIS agents, did then and there, by force and intimidation, wilfully, unlawfully and feloniously take, carry away and thereafter, detain Elizabeth Luega, a female, in the middle of a sugar cane field at Sitio Malipa, Barangay Malaking Pulo, Tanauan, Batangas against her will and consent thereby depriving her of liberty.

    (pp. 10-11, Rollo.)

    Following a plea of not guilty and full-blown trial, the lower court rendered a decision on September 15, 1993, the dispositive portion of which reads:chanrob1es virtual 1aw library

    WHEREFORE, Accused Allan Kawasa, Molibas Sindad and Fahad Zacaria, alias Alvin, are found guilty beyond reasonable doubt of the crime of kidnapping, as charged in the aforequoted Amended Information; and they are each sentenced to suffer the penalty of reclusion perpetua and to pay jointly and severally the offended party, Elizabeth Luega, the sum of P20,000.00, as moral damages.

    Accused Esmael Salido, Manny Bulod, Alex Inedal, Bartolome Mabuti and Roberto Divina, for failure of the prosecution to prove their guilt beyond reasonable doubt, are acquitted of the charge against them.

    As aforesaid, only Allan Kawasa interposed an appeal, and in his brief, he assigns a single error, asserting that there was a mistrial resulting in a miscarriage of justice insofar as he is concerned due to the inefficiency and negligence of his counsel.

    The facts of the case are as follows:chanrob1es virtual 1aw library

    On January 6, 1993 at around 7 o’clock in the morning, Loreta Chua, her two sons Stanley and Jermyn, and her housemaid Elizabeth Luega, were on board Mrs. Chua’s car, driven by Bartolome Mabuti, when they were blocked by another car, along Taft Avenue. Three unidentified men, later found to be Allan Kawasa, Molibas Sindad, and "Alvin" Zacaria alighted from the blocking car, introduced themselves as Criminal Investigation Service (CIS) agents and boarded Mrs. Chuas’ vehicle. Sindad took the wheel from Mabuti, Zacaria sat beside Mabuti and Stanley in the front seat, while Kawasa sat beside Luega, Jermyn, and Mrs. Chua at the back seat. They then proceeded towards South Super Highway, with the car that blocked them and another back-up car following them.

    Upon reaching Susana Heights at around 9 o’clock, the three vehicles stopped. Mrs. Chua alighted from her car, with Kawasa following. They talked for a while. Then Kawasa returned and boarded Mrs. Chua’s car. They drove away with the occupants of the two cars, leaving Mrs. Chua behind. Luega, Mabuti and the two children were then blindfolded and their hands tied. They were brought to a nipa hut in the middle of a sugar field where they were kept. Here, Luega was raped by one the men whom she was not able to identify.

    On January 7, 1993, the Criminal Investigation Service of the Philippine National Police (PNP) conducted an operation in Bongo, Laguna for the rescue of the kidnapped individuals. At about 7 o’clock of the same evening, police operatives rescued Mabuti Luega, and the Chua children, from the hands of their abductors after a brief gunfight.

    On January 8, 1993, a team led by Chief Inspector Allen Fortes of the PNP from Camp Crame apprehended accused Bulod, Silangan, Balabagin, and Codalez in Bacoor, Cavite and brought them to Camp Crame for questioning.

    On their way to Camp Crame, Fortes and his team met a speeding Ford Cortina car with Plate No. NKV 997, which was suspected as one of the cars used by the kidnappers. Upon intercepting said vehicle, the peace officers found Kawasa, Sindad, Zacaria, Salido, and Medal, who were thereupon arrested and subsequently charged with kidnapping and serious illegal detention.

    Accused-appellant denies involvement in the crime and claims he was deprived the opportunity to submit his evidence and to disprove the evidence for the prosecution due to the inefficiency and negligence of his counsel, for which reason, Accused-appellant urges us to reopen the case with respect to him.

    Such submission is not acceptable.

    It is a well-settled rule that the client is bound by his counsel’s conduct, negligence, and mistakes in handling the case and the client cannot be heard to complain that the result might have been different had his lawyer proceeded differently (Tupas v. Court of Appeals, 193 SCRA 597 [1991]; Alabangas v. Intermediate Appellate Court, 204 SCRA 304 [1991]). Aguila v. CFI of Batangas, Br. 7,160 SCRA 352 [1988], Pulido v. CA, 122 SCRA 63 [1983], Aylion v. Sevilla, 156 SCRA 257 [1987], Legarda v. CA, 195 SCRA 418 [1991]

    In Tesoro v. Court of Appeals, 54 SCRA 296, 304 [1973], this Court, reiterating the rule on the effects of counsel’s acts upon his client, categorically declared:chanrob1es virtual 1aw library

    It has been repeatedly enunciated that "a client is bound by the action of his counsel in the conduct of a case and cannot be heard to complain that the result might have been different had he proceeded differently. A client is bound by the mistakes of his lawyer. If such grounds were to be admitted and reasons for reopening cases, there would never be an end to a suit so long as new counsel could be employed who could allege and show that prior counsel had not been sufficiently diligent or experienced or learned . . .. Mistakes of attorneys as to the competency of a witness, the sufficiency, relevancy or irrelevancy of certain evidence, the proper defense, or the burden of proof . . . failure to introduce certain evidence, to summon witnesses, and to argue the case are not proper grounds for a new trial, unless the incompetency of counsel is so great that this client is prejudiced and prevented from properly presenting his case" (Vol. 2, Moran, Comments on the Rules of Court, pp. 218-219-220; citing Rivero v. Santos Et. Al., 98 Phil., 500, 503-540; Isaac v. Mendoza, 89 Phil. 279; Montes v. Court, 48 Phil., 64; People v. Manzanilla, 43 Phil. 167; U.S. v. Dungca, 27 Phil. 274; U.S. v. Umali, 15 Phil. 33; see also People v. Ner, 28 SCRA 1151, 1164). In the 1968 case of Palanca v. American Food etc. (24 SCRA 819,828), this principle was reiterated.

    It is only in cases involving gross or palpable negligence of counsel when the courts must step in and accord relief to a client who has suffered thereby (Legarda v. CA, 195 SCRA 418 [1991]; Alabang v. IAC, 204 SCRA 304 [1991]).

    In the case at bar, Accused-appellant has not shown such carelessness or negligence in his lawyer’s discharge of his duties, or that his counsel was singularly inept or motivated by bad faith or excusably misled by the facts, so as to justify us in not applying the rule that clients are bound by the acts of their counsel, including his mistakes.

    The record shows that accused-appellant’s counsel attended the hearings, cross-examined the prosecution witnesses, presented accused-appellant to testify and introduced his own evidence which to him was sufficient and relevant, and after an adverse decision, appealed the case.

    If there is anybody to blame, it is accused-appellant himself. Accused-appellant, in his testimony and in his brief, admitted having accosted or blocked the car drive by Mrs. Chua’s driver, Bartolome Mabuti, allegedly because he was requested to help arrest Mabuti (Appellant’s brief, p. 14). Such testimony and related evidence were considered by the trial court (Decision RTC, par. 3, p. 4). This belies accused-appellant’s claim that his counsel did not present evidence. This perhaps the reason why accused-appellant does not challenge the decision of the trial court, but opted to train his guns on his former counsel.

    If indeed accused-appellant felt and believed that his counsel was inept, that he should have taken action, such as discharging him earlier, instead of waiting until an adverse decision was handed, and thereupon heap all blame and condemnation on his counsel, who cannot now be heard to defend himself. This cannot be allowed, for to do otherwise would result in a situation where all a defeated party would have to do salvage his case is to claim neglect or mistake on the part of his counsel as a ground for reversing an adverse judgment. There would be no end to litigation if this were allowed as every shortcoming of counsel could be the subject of challenge by his client through another counsel who, if he is also found waiting, would likewise be disowned by the same client through another counsel, and so on ad infinitum. This would render court proceedings indefinite, tentative, and subject to reopening at any time by the mere subterfuge of replacing counsel (Aguila v. CFI of Batangas, Br. I, supra; Tupas v. CA, 193 SCRA 597 [1991]).

    WHEREFORE, the decision appealed from is hereby AFFIRMED, with the slight modification that the civil indemnity of P20,000.00 which accused-appellant was ordered to pay offended party is increased to P50,000.00 in consonance with current jurisprudence.

    SO ORDERED.

    Narvasa, C.J., Davide, Jr., Francisco and Panganiban, JJ., concur.

    G.R. No. 116208   July 5, 1996 - PEOPLE OF THE PHIL. v. ESMAEL SALIDO


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