ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

  •  





     
     

    G.R. No. 130666   January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 130666. January 31, 2000.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CASIMIRO JOSE y GAYOL @ "JUN", Accused-Appellant.

    D E C I S I O N


    PARDO, J.:


    The case is an appeal taken by accused-appellant Casimiro Jose y Gayol @ "Jun" from the decision 1 of the Regional Trial Court, Branch 57, San Carlos City (Pangasinan), finding him guilty of murder, defined and penalized under Article 248 of the Revised Penal Code, for hacking to death Felix Zacarias, and sentencing him to reclusion perpetua and to pay the heirs of the victim in the amount of Fifty Thousand Pesos (P50,000.00), and to pay actual expenses of Thirty Thousand Pesos (P30,000.00) and to pay the costs." 2

    On December 20, 1996, Second Assistant Provincial Prosecutor Federico G. Quinit filed with the Regional Trial Court, San Carlos City (Pangasinan) an information charging accused-appellant Casimiro Jose y Gayol @ "Jun" with murder committed as follows:chanrobles virtuallawlibrary

    "That on or about the 15th day of September, 1996, in the morning, in barangay Dusoc, municipality of Bayambang, province of Pangasinan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, with treachery and evident premeditation, did then and there, wilfully, unlawfully and feloniously attack, assault and stab Felix Zacarias, inflicting upon him the following injuries:jgc:chanrobles.com.ph

    "HEENT — Hacking wound with laceration of major blood vessel at left lateral and medical cervical area 5 cm. in length

    "Cause of death:chanrob1es virtual 1aw library

    R/O Cardiac arrest

    Hypovolemic shock 2

    Laceration of major vessel

    (Carotid artery and (L)

    Jegular [sic] vein

    which caused the death of said Felix P. Zacarias as a consequence, to the damage and prejudice of his heirs.

    "With generic aggravating circumstance of nighttime.

    "CONTRARY to Art. 248 of the Revised Penal Code." 3

    On October 21, 1996, Accused-appellant Casimiro Jose y Gayol was arrested by the elements of Bayambang Police Station, Bayambang, Pangasinan. 4

    With the assistance of counsel, Accused-appellant was arraigned on February 7, 1997 and pleaded not guilty. 5 Thereafter, trial on the merits ensued.

    The prosecution presented eight (8) witnesses, while the defense presented only accused Casimiro Jose.

    At about 1:00 o’clock in the morning of September 15, 1996, prosecution eyewitness Gina Zacarias was awakened from her sleep by the noise caused by her drunken brother, Felix Zacarias. Felix came home from the wake of Federico Herrera, brother of accused Casimiro Jose’s father-in-law, whose house was about two hundred (200) meters away from the victim’s house, both located in Barangay Dusoc, Bayambang, Pangasinan. Felix worked in Manila and he was in the province on a three-day vacation.

    To pacify Felix who was then ascending the front steps of their house, Gina stepped out of her room and asked her brother to stop shouting because their neighbors were still asleep. Felix did not listen and continued shouting "Mga walanghiya kayo!" directed against no one in particular.

    Instead of proceeding to the house, Felix suddenly went down the steps. A neighbor, Beatriz Calimlim, called Felix and angrily uttered "Pedro, Pedro ano yong pinagsasabi mo." Felix tried to locate the voice of the woman who was calling him, with Gina following him down the steps.

    Before Gina could catch up with her brother, Accused Casimiro Jose suddenly appeared from the back of their house. From a distance of five (5) meters, Gina saw accused Casimiro hack her brother in the left side of the neck with a bolo. 6 Felix was facing the accused and was about a meter away from him. The attack was sudden and unprovoked. 7

    Though it was still dark, Gina recognized accused Casimiro as the assailant of her brother because the light coming from a sixty-watt bulb in their kitchen illuminated the place. 8 She was familiar with accused Casimiro as the latter is her cousin’s husband. 9

    After the attack, Accused Casimiro immediately fled and in his haste, left behind his slippers. 10

    Despite the wound in his neck, Felix was able to climb the six (6) steps of their house unaided. For fear that the accused was still following him to his house, once inside, Felix turned off the lights and jumped out of the window. Felix rushed to the house of his cousin, Corita Tabora, 11 shouting that he was hacked. Thereafter, his cousins who were attending the wake brought Felix to Bayambang District Hospital. Gina was left behind to attend to her mother who was suffering from hypertension. Felix expired on the way to the hospital. 12

    Roberto Velasquez, barangay kagawad of Brgy. Dusoc, Bayambang, Pangasinan, testified that while attending the wake of Federico Herrera, also in Dusoc, Bayambang, Pangasinan, he received a report that somebody was hacked. His initial investigation revealed that accused-appellant Casimiro Jose was responsible for the hacking. Thereafter, he went to the police detachment, about one-half (1/2) kilometer away, and reported the incident. Right there and then, SPO1 Bernard Padlan and SPO2 Romeo Sajor went with Kagawad Velasquez to Brgy. Dusoc and searched for accused-appellant Casimiro Jose.chanrobles.com.ph:red

    Together with Kagawad Velasquez, the two policemen apprehended accused-appellant Casimiro Jose in the house of his father-in-law’s brother, located in the same barangay. Initially, Accused-appellant Casimiro Jose denied responsibility for the death of Felix. However, because his clothes were soiled with blood, he was compelled to admit that he hacked the victim. 13

    SPO1 Jesus V. Ramos, PNP, Bayambang, Pangasinan, said that while he was on duty in the morning of September 16, 1996, Gina Zacarias reported a hacking incident at Brgy. Dusoc, Bayambang, Pangasinan. Thereafter, he conducted an investigation and went to Bayambang District Hospital. When he arrived at the hospital, he found out that the victim was dead. Upon his return to the police detachment, he received a radio message from the duty policemen at Brgy. Dusoc that accused-appellant Casimiro Jose was in their custody. 14

    Based on the post-mortem examination conducted on September 16, 1996 at about 7:30 in the morning by Dr. Imelda Soriano, Municipal Health Officer, Bayambang, Pangasinan, Felix Zacarias sustained a hacking wound in the left neck, about five (5) centimeters in length extending from the medial cervical area to the lateral cervical area. Judging from the wound, a bolo might have been used in attacking the victim and the assailant could have been in front of the victim when it happened. Dr. Soriano testified that because what was hit was a major blood vessel, the jugular vein, in the neck of the victim, the wound was sufficient to cause the latter’s death. The cause of death was cardiac arrest, secondary to hypovolemic shock, secondary to laceration of the carotid artery and jugular vein. 15

    Alicia Zacarias, the mother of Felix, testified that as a result of her son’s death her family incurred thirty thousand five hundred (P30,500.00) pesos in expenses. 16

    Accused-appellant Casimiro Jose interposed the defenses of denial and alibi. On the night in question, September 15, 1996, he said that he was sleeping at the house of the brother of his in-laws at Brgy. Dusoc, Bayambang Pangasinan. He and his family really lived in Brgy. Magsaysay, Bayambang, Pangasinan and they only went to Brgy. Dusoc to attend the wake of his father-in-law’s brother, Federico Herrera.

    At about 2:00 o’clock in the morning, he was awakened by the arrival of the policemen at the house where he was staying. He was suspected as the assailant of Felix Zacarias. Thereafter, he was handcuffed and ordered to board a tricycle that would bring him to the police station. Before he could be brought to the station, Elpidio Bato, one of the cousins of the victim, boxed him in the face and blood oozed from his mouth. For about fifteen (15) minutes, he was unconscious. When he regained consciousness, he was inside the tricycle.

    At the PNP station, Bayambang, Pangasinan accused Casimiro was turned over to SPO1 Jesus Ramos, who in turn put him in jail.

    When asked about his relationship with Felix Zacarias and Elpidio Bato, Accused-appellant Casimiro Jose said that they were cousins of his wife. He denied killing the victim, though he admitted seeing the latter at the wake of the brother of his father-in-law early evening of the night in question. He does not have any grudge against either of them for him to kill Felix or for Elpidio to box him. 17

    On May 7, 1997, the trial court promulgated its decision finding accused-appellant Casimiro Jose y Gayol @ "Jun" guilty beyond reasonable doubt of murder. The dispositive portion of the decision reads:jgc:chanrobles.com.ph

    "WHEREFORE, in view of the foregoing, the Court finds the accused Casimiro Jose guilty beyond reasonable doubt of the crime of Murder and sentences him to an imprisonment of Reclusion Perpetua, there being neither an aggravating nor mitigating circumstances. The accused is likewise ordered to pay the heirs of the victim in the amount of Fifty Thousand Pesos (P50,000.00), and to pay actual expenses of Thirty Thousand Pesos (P30,000.00) and to pay the costs.

    "SO ORDERED.

    "San Carlos City (Pangasinan), May 7, 1997.

    "BIENVENIDO R. ESTRADA

    "Presiding Judge" 18

    On May 19, 1997, Accused-appellant Casimiro Jose filed a notice of appeal with the trial court, 19 which the Court gave due course in a resolution dated March 4, 1998. On July 12, 1997, Accused-appellant was transferred to the custody of the New Bilibid Prison in Muntinlupa City. 20

    In arriving at a judgment of conviction, the trial court did not give credence to the defenses of denial and alibi. The court a quo said that accused-appellant Casimiro Jose failed to prove that he "was not at the locus delicti at the time the offense was committed, and that it was physically impossible for him to be at the locus criminis at the time of its commission." 21 It further said that the defense of alibi could not prevail over the positive testimonies of the prosecution witnesses. The defense put up by accused remained uncorroborated. Considering the sudden and unprovoked assault on the intoxicated victim, treachery qualified the killing into murder. Though evident premeditation has been alleged, the prosecution failed to establish its existence.chanrobles.com : red

    On appeal, Accused-appellant Casimiro Jose argues that the trial court erred in finding him guilty beyond reasonable doubt of murder. Even assuming arguendo that he killed Felix Zacarias, he is guilty only of homicide.

    The solicitor general maintains that the prosecution’s evidence was sufficient to sustain accused-appellant’s conviction for murder and prays for the affirmation of the trial court’s decision, with the modification that the civil indemnity of fifty thousand (P50,000.00) be increased to seventy five thousand (P75,000.00) pursuant to the case of People v. Victor. 22

    We shall now discuss the merits of the appeal.

    Accused-appellant Casimiro Jose argues that the trial court erred in admitting in evidence his verbal admission before Brgy. Kagawad Velasquez. He said that because he was unassisted by counsel when he made the admission at the time of his arrest, it is not admissible.

    A perusal of the decision showed that the trial court relied not on the verbal admission of accused-appellant Casimiro Jose that he killed Felix Zacarias, but on the testimony of the eyewitness, Gina Zacarias, which it found to be straightforward and candid. Gina positively identified accused-appellant Casimiro Jose as the assailant of her brother Felix.

    As heretofore stated, Accused-appellant Casimiro Jose interposed the defenses of denial and alibi. For the defense of alibi to prosper, "it must be established by positive, clear and satisfactory proof that (1) the accused was somewhere else when the offense was committed, and (2) it was physically impossible for the accused to have been present at the scene of the crime or its immediate vicinity at the time of its commission." 23 The requirement of time and place must be strictly met. 24

    In this case, prosecution eyewitness Gina Zacarias testified that their house was only about two hundred (200) meters away from the place of the wake. Accused-appellant Casimiro Jose admitted that he saw Felix Zacarias that night at the wake, prior to the hacking. Considering the short distance, it was not physically impossible for accused-appellant Casimiro Jose to have followed the victim to his house and kill him, and returned, thereafter, to the house of his father-in-law’s brother and pretended to be sleeping as if nothing had happened.

    As we have ruled:jgc:chanrobles.com.ph

    "Extant in our jurisprudence are cases where the distance between the scene of the crime and the alleged whereabouts of the accused is only two (2) kilometers (People v. Lumantas, 28 SCRA 764 [1969]), or three (3) kilometers (People v. Binsol, 100 Phil. 713 [1957]) or even five (5) kilometers (People v. Manabat, 100 Phil. 603 [1957]), and yet it was held that these distances were not too far as to preclude the possibility of the accused’s presence at the locus criminis, even if the sole means of traveling between the two places at that time was only by walking (People v. Aparato, 80 Phil. 199 [1948])."25cralaw:red

    Furthermore, the defense of alibi cannot prevail over the positive and unequivocal identification of accused-appellant by prosecution eyewitness Gina Zacarias. "Positive identification, where categorical and consistent and without any showing of ill-motive on the part of the eyewitnesses testifying on the matter, prevails over alibi and denial which, if not substantiated by clear and convincing proof, are negative and self-serving evidence undeserving of weight in law." 26

    Assuming arguendo that he killed Felix Zacarias, Accused-appellant Casimiro Jose alleged that he is only liable for homicide, in the absence of the qualifying circumstance of treachery. In view of the unruly behavior and verbal assault that Felix Zacarias hurled against him, Accused-appellant Casimiro Jose was left with no other recourse but to attack him. Accused-appellant Casimiro Jose argues that Felix should have been forewarned that he might retaliate against such verbal assault. Hence, it was an error for the trial court to have ruled that treachery qualified the killing to murder.

    The above contention is untenable. The trial court did not err in treating the killing of Felix Zacarias to be qualified by alevosia. "For treachery to be present, two conditions must concur, namely: (a) the employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate, and (b) the means of execution was deliberately or consciously adopted." 27

    In the present case, the victim was intoxicated and unarmed. Accused-appellant Casimiro Jose surreptitiously appeared from behind the house of the victim, armed with a bolo, and hacked the victim without any provocation at all. The unruly behavior of the victim and the verbal invectives hurled against no one in particular would not justify the act of Accused-Appellant. "What is decisive is that the execution of the attack made it impossible for the victim to defend himself or to retaliate." 28

    The trial court rightly ruled that the qualifying circumstance of evident premeditation was not present in this case. "The essential elements for evident premeditation to be appreciated are: (1) the time when the appellant decided to commit the crime; (2) an overt act showing that the appellant clung to their determination to commit the crime; and (3) the lapse of a sufficient period of time between the decision and the execution of the crime to allow the appellant to reflect upon the consequences of the act." 29 Moreover, "evident premeditation must be clearly proven, established beyond reasonable doubt and must be based on external acts which are evident, not merely suspected, and which indicate deliberate planning." 30 The prosecution failed to prove evident premeditation.

    Under Article 248 of the Revised Penal Code, as amended by Republic Act 7659, any person guilty of murder shall be punished by reclusion perpetua to death. Considering that there are neither mitigating nor aggravating circumstances in the commission of the offense, the lesser penalty of reclusion perpetua shall be applied. 31 Hence, the trial court properly imposed the penalty of reclusion perpetua.

    We affirm the award of fifty thousand (P50,000.00) pesos as indemnity ex delicto. The solicitor general’s recommendation to increase this amount to seventy five thousand (P75,000.00) pesos, based on People v. Victor, 32 is not well-taken. As we held in the recent case of People v. Costelo, 33 People v. Victor increased the award of indemnity in rape cases that are effectively qualified by any of the circumstances which calls for the death penalty. Clearly, it is inapplicable in the present case, which is a prosecution for murder. However, we eliminate the award of thirty thousand (P30,000.00) pesos as actual damages in the absence of competent proof thereof.

    IN VIEW WHEREOF, the Court AFFIRMS the appealed decision with MODIFICATION. The Court finds accused CASIMIRO JOSE y GAYOL guilty beyond reasonable doubt of murder committed against Felix Zacarias, defined and penalized under Article 248 of the Revised Penal Code, and sentences him to reclusion perpetua, with all the accessory penalties of the law, and to indemnify the heirs of victim Felix Zacarias in the amount of P50,000.00 as death indemnity, plus P50,000.00 as moral damages. The award of thirty thousand (P30,000.00) pesos as actual damages is hereby eliminated.

    With costs against Accused-Appellant.

    SO ORDERED.chanroblesvirtuallawlibrary

    Davide, Jr., C.J., Puno, Kapunan and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. In Criminal Case No. SCC-2617, promulgated on May 7, 1997, Judge Bienvenido R. Estrada, presiding.

    2. Trial Court Decision, Rollo, pp. 14-19.

    3. Information, Trial Court Records, p. 1.

    4. Trial Court Records, p. 30.

    5. Trial Court Records, p. 53.

    6. TSN, February 24, 1997, p. 7.

    7. TSN, October 10, 1996, pp. 19-27.

    8. TSN, ibid, p. 25.

    9. TSN, ibid, p. 20.

    10. TSN, ibid, p. 24.

    11. TSN, February 27, 1997, p. 8.

    12. TSN, ibid, pp. 26-27.

    13. TSN, March 17, 1997, pp. 13-20.

    14. TSN, March 3, 1997, pp. 29-34.

    15. TSN, February 25, 1997, pp. 8-16.

    16. TSN, March 6, 1997, p. 23.

    17. TSN, April 15, 1997, pp. 40-54.

    18. Trial Court Decision, Rollo, p. 19.

    19. Trial Court Records, p. 127.

    20. Rollo, p. 30.

    21. Trial Court Decision, ibid, p. 16.

    22. 292 SCRA 186 [1998].

    23. People v. Francisco, G.R. No. 110873, September 23, 1999.

    24. People v. Atrejenio, G.R. No. 120160, July 13, 1999.

    25. People v. Floro, G.R. No. 120641, October 7, 1999, citing People v. Payot, G.R. No. 119352, June 8, 1999.

    26. People v. Villablanca, G.R. No. 89662, October 1, 1999, citing People v. Dinglasan, 267 SCRA 26 [1997].

    27. People v. Gaballo, G.R. No. 133993, October 13, 1999; People v. Floro, supra; People v. Marcelino, G.R. No. 126269, October 1, 1999; People v. Villablanca, supra; People v. Perez, G.R. No. 130501, September 2, 1999.

    28. People v. Marcelino, supra.

    29. People v. Sarabia, G.R. No. 106102, October 29, 1999.

    30. People v. Marcelino, supra, citing People v. Peña, 291 SCRA 606, 616 [1998].

    31. Article 63 (2), Revised Penal Code.

    32. People v. Victor, supra.

    33. G.R. No. 134311, October 13, 1999.

    G.R. No. 130666   January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED