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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
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January-2000 Jurisprudence                 

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

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

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  • 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.

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

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

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  • 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.

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 122104. January 19, 2000.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEPITO ORBITA y JUSAY, CEFERINO CAPISUNDA y BALCE, and ORLANDO SANTIAGO y FRANCISCO, Accused-Appellants.

    D E C I S I O N


    PARDO, J.:


    The case is an appeal from the decision of the Regional Trial Court, Batangas, Branch 13, Lipa City finding accused-appellants Pepito Orbita y Jusay, Ceferino Capisunda y Balce and Orlando Santiago y Francisco, guilty beyond reasonable doubt of murder. 1

    On October 3, 1989, the third assistant Provincial Prosecutor, province of Batangas, filed with the Regional Trial Court, Lipa City an Information charging accused-appellants with murder committed as follows:chanrobles virtuallawlibrary:red

    "That on or about the 18th day of August, 1989, at about 7:30 o’clock in the evening, at Barangay Tipaz, Municipality of San Juan, Province of Batangas, Philippines and within the jurisdiction of this honorable court, the above named accused, armed with long firearms, conspiring, and confederating together, acting in common accord and mutually helping one another, with intent to kill, with treachery and evident premeditation and with abuse of superior strength, did then and there willfully, unlawfully and feloniously attack, assault and shoot with the said firearms one Diosdado de Guzman y Areglado, suddenly and without warning, thereby inflicting upon the latter multiple gunshot wounds on different parts of his body which directly caused his death.

    "Contrary to law." 2

    The accused were arraigned separately. Pepito Orbita y Jusay and Ceferino Capisunda y Balce were arraigned on December 4, 1989, and they pleaded not guilty. The accused Orlando Santiago y Francisco was arraigned on January 9, 1990. He pleaded not guilty. 3 Trial ensued.

    The facts are as follows:chanrobles.com : chanrobles.com.ph

    On August 18, 1989 at about 2:00 in the afternoon, Arbel Magtibay, Gildo Areglado, Diosdado de Guzman and Ading Ray were having a drinking spree in front of the house of Ading Ray at Barangay Tipaz, San Juan Batangas. At that moment, Accused-appellants Pepito Orbita, Ceferino Capisunda and Orlando Santiago all CAFGU members passed by. They were invited by the group to drink. When Ading Ray handed Santiago a drink, the latter threw the glass of lambanog, which prompted Diosdado de Guzman to say "kung iinom, uminom, kung ayaw huwag itapon ang alak." Obviously irked by the remark, Orbita, Capisunda and Santiago suddenly pointed their rifles at Diosdado de Guzman. Ading Ray pacified the three accused who thereafter left. 4

    Later that same day, at around 7:30 in the evening, while Diosdado de Guzman, Ambo Comia, Lordino Mendoza and Arbel Magtibay were walking home, they met the two accused-appellants, Pepito Orbita and Orlando Santiago in front of the store of Rosenda Bautista. The two poked their M-14 armalite rifles at Diosdado de Guzman. Lordonio Mendoza pacified the Accused-Appellants. However, Orbita suddenly opened fire at Diosdado de Guzman, hitting the latter on the chest. Ambrocio Comia and Lordino Mendoza, companions of Diosdado de Guzman fled from the scene while helping Diosdado, and after reaching a big stone at the side of the road left Diosdado to call for a jeep to bring the seriously wounded Diosdado to a hospital. 5

    Eyewitness Juanito Mendoza testified that he was at his house nearby when he heard the shots. When he went out of his house, he saw Diosdado de Guzman being aided by Ambrocio Comia, and Lordonio Mendoza. Diosdado de Guzman was bloodied. Ambrocio Comia and Lordonio Mendoza then left to look for a jeep. Juanito Mendoza went to the side of the road in front of his house and saw Ceferino Capisunda at the other side of the road, carrying a long firearm. Juanito asked him not to fire his gun because his mother was sick and the shot would alarm her. Ceferino Capisunda did not respond. Juanito Mendoza went on his way home. After a few steps away from Ceferino and before reaching his house, he heard someone calling him "Cap" followed by a burst of gunfire. When he turned around, he saw Ceferino Capisunda firing his long firearm at Diosdado de Guzman and the latter fell to the ground, near the stairs at the side of the road just in front of his house. The latter was instantly killed. 6

    After consideration of the evidence presented by both parties, on February 2, 1995, the trial court rendered judgment finding the accused guilty as charged. The dispositive portion of the decision reads:jgc:chanrobles.com.ph

    "WHEREFORE, premises considered and taking into account the qualifying circumstance of Treachery and the generic aggravating circumstance of use of superior strength, the court finds the accused Pepito Orbita, Ceferino Capisunda and Orlando Santiago GUILTY BEYOND REASONABLE DOUBT of the crime of MURDER and are hereby sentenced to suffer the penalty of RECLUSION PERPETUA together with all the accessory penalties, to jointly and solidarily indemnify the heirs of the victim in the amount of FIFTY THOUSAND (50,000.00) PESOS and to pay the costs of suit.

    SO ORDERED." 7

    Hence, this appeal.

    In their brief, Accused-appellants imputes the following errors to the trial court:chanrob1es virtual 1aw library

    1. In finding that there was conspiracy and thus convicting the three (3) accused of murder;

    2. In not giving credit to the testimonies of the three accused;

    3. In not finding that there was sufficient provocation on the part of the victim. 8

    We find the appeal without merit.chanrobles.com : virtual law library

    "Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. The agreement may be deduced from the manner in which the crime was committed; 9 or from the acts of the accused before, during and after the commission of the crime, indubitably pointing to and indicating a joint purpose, a concert of action and a community of interest." 10 "Conspiracy may even be shown through circumstantial evidence, or deduced from the mode and manner in which the offense was perpetrated, or inferred from the acts of the accused themselves when such acts point to a joint purpose and design, concerted action, and community of interest." 11

    In the case at bar, although not all the accused fired on Diosdado de Guzman, all of them acted together to achieve one common design, to kill Diosdado de Guzman. The series of events and the actuations of the three accused reveal that there was a common design, understanding, and agreement amongst them to commit the crime charged.

    The accused-appellants were in each other’s company when the first encounter between their group and that of Diosdado de Guzman occurred. When they met on the road Pepito Orbita and Orlando Santiago were together. Although it was only Pepito Orbita who fired the first shot, Orlando Santiago also pointed his gun at the deceased Diosdado de Guzman and his companions, thereby participating in the unlawful aggression. Ceferino Capisunda on the other hand positioned himself at the other side of the road and when Diosdado de Guzman was attempting to escape, shot the latter several times, until the helpless Diosdado fell to the ground dead. All these taken together reveal a well planned and orchestrated design to kill, not merely injure the deceased Diosdado de Guzman.

    The accused-appellants testified that at the time of the incident they were all going to attend a baptismal rite of the daughter of their friend Celso Sorpia. On their way to the baptism, they saw Diosdado de Guzman having a drinking spree with a group of persons they did not know. De Guzman called them and offered drinks. Capisunda and Orbita obliged, Santiago did not drink.

    Upon reaching the place of the baptismal rites, the three accused-appellants took snacks. Hours later, de Guzman arrived with two companions and de Guzman cursed them (accused-appellants) saying that the CAFGUs were "walang kuwentang tao at palamunin ng gobyerno." They just kept their cool and after a while Capisunda left Santiago and Orbita behind. At around 7:00 p.m. Orbita and Santiago left the place of the baptism for the PC detachment; on their way, they met de Guzman who uttered "Walang kuwentang tao ang mga CAFGU, dapat ay pinagpapapatay na." They again ignored his remarks, but de Guzman hit Orbita on the head and he became dizzy. He heard gunfire, but he did not know whether anybody was hit. He woke up and regained consciousness at the hospital. 12

    We are not convinced of the testimony of the accused. The testimony of Pepito Orbita is unbelievable and implausible. According to him, he fired his gun only once. How can he explain that there were five gunshot wounds found in the body of the victim, with different points of entry and trajectory. 13

    "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." 14

    In the case at bar, three eyewitnesses positively testified that accused-appellants shot and killed Diosdado de Guzman.

    As to the claim that there was sufficient provocation on the part of the victim, we find the claim puerile and does not deserve any discussion. The remarks of the deceased were not sufficient to provoke and goad the accused to kill.chanrobles.com : red

    All told, we are convinced beyond a shadow of doubt that the accused-appellants acted in concert and killed Diosdado de Guzman treacherously. We agree with the trial court that the killing was qualified by treachery. 15 The victim was unarmed. Accused Orbita shot the victim suddenly and unexpectedly with an M-14 Garand rifle. Accused Capisunda followed in shooting the victim as he was fleeing from the shots, also with an M-14 Garand rifle. Accused Santiago aimed his gun at the victim. Though he did not fire, he is equally guilty due to the conspiracy. When conspiracy is established, it matters not who among the accused actually shot and killed the victim. 16

    WHEREFORE, the Court hereby AFFIRMS the appealed decision with MODIFICATION. The accused are in addition sentenced jointly and severally to pay the heirs of the victim the amount of P50,000.00, as moral damages.

    Costs against appellants.

    SO ORDERED.chanroblesvirtuallawlibrary

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

    Endnotes:



    1. In Criminal Case No. V-2189, Decision, Regional Trial Court, Judge Jane Aurora C. Lantion, presiding. Original Record, pp. 203-209.

    2. Information, Original Record, p. 1.

    3. Ibid., Order, Criminal Case No. V-2189, dated December 4, 1990, Ibid., p. 34.

    4. TSN, Jan. 21, 1993, pp. 11-12; Feb. 26, 1990, pp. 3-8.

    5. TSN, Jan. 21, 1993, pp. 5-9.

    6. TSN, April 11, 1993, pp. 8-14.

    7. Original Record, Decision, Regional Trial Court, pp. 203-209, at page 209.

    8. Rollo, Appellants Brief, pp. 56-69, at page 58.

    9. People v. Cawaling, 293 SCRA 267, 306 (1998); see also People v. Andres, 296 SCRA 318, 339 (1998), citing People v. Palomar, 278 SCRA 114 (1997), People v. Cabiles Sr., 258 SCRA 271 (1996).

    10. People v. Isabelo Perez, G.R. No. 130501, September 2, 1999, citing People v. Magallano, 266 SCRA 305 (1997), People v. Albao, 287 SCRA 129 (1998).

    11. People v. Marcelino, G.R. No. 126269, October 1, 1999, citing People v. Galapin, G.R. No. 124215, July 31, 1998; People v. Tabag, 268 SCRA 115, 127 (1997); People v. Laurente, 255 SCRA 543, 564 (1996); Pecho v. People, 262 SCRA 518, 530 (1996).

    12. TSN, July 9, 1990, pp. 2-10.

    13. Original Record, Exhibit "F", Post Mortem examination, p. 21.

    14. People v. Villablanca, supra, citing People v. Dinglasan, 267 SCRA 26 (1997).

    15. Original Record, Decision, Criminal Case No. V-2189, p. 209.

    16. People v. Araneta, 300 SCRA 80, p. 97 (1998), citing People v. Sequino, 264 SCRA 79 (1996).

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


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