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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-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.

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 129072. January 19, 2000.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO ABUBU y VALDEZ alias "BOY VALDEZ," Accused-Appellant.

    D E C I S I O N


    BELLOSILLO, J.:


    ANTONIO ABUBU y VALDEZ alias "Boy Valdez," JESUS VALDEZ y BUENO, OSCAR DIMARUCUT, RENATO MANABAT and REY MANABAT were charged before the Regional Trial Court of Cauayan, Isabela, Br. 19, with murder for the death of JULIUS GOLOCAN 1 and three (3) counts of frustrated murder for the injuries sustained by FLORDELIZA, JOHN PAUL and NOEMI, all surnamed Golocan, 2 under four (4) separate Informations, docketed as Crim. Cases Nos. 19-952 to 19-955. Only Antonio Abubu and Jesus B. Valdez were subsequently apprehended and arraigned, while Oscar Dimarucut, Renato Manabat and Rey Manabat have remained at large.chanrobles.com : law library

    Julius Golocan, his wife Flordeliza and two (2) children — one-year old John Paul and three-month old Noemi — lived in Barangay Pinoma, Cauayan, Isabela. On 18 February 1996 at around 5:30 in the afternoon Flordeliza was preparing food for her children when she heard knockings at their front door. She peeped through an opening in the window and saw accused-appellant Antonio Abubu with four (4) companions. Julius, who was carrying John Paul in his arms, opened the door. He then went outside to the balcony and talked to accused-appellant and his companions. While Julius was talking to them, Flordeliza carrying Noemi joined them. Suddenly, the group drew their guns and started shooting Julius, Flordeliza and their two (2) children. The assault left Julius dead and his wife and two (2) children critically injured.

    When news of the shooting reached the Cauayan Police Station, SPO2 Jim D. Gabrillo and SPO1 Rico G. Cagurangan rushed to the crime scene to investigate. There they found Julius sprawled dead on the floor while his wife Flordeliza and their two (2) children seriously wounded. They also found the bamboo and galvanized walls of the house peppered with bullets. Two (2) empty shells, which appeared to have been fired from a .357 revolver, were recovered at the crime scene. 3

    The police brought Flordeliza and her children to the Cauayan District Hospital while the body of Julius was brought to the Carbonel Funeral Parlor for a post-mortem examination. 4

    At the district hospital, SPO2 Mario C. Madriaga questioned Flordeliza about the identities of the culprits. She revealed that she and her family were shot by accused-appellant Antonio Abubu, Accused Jesus Valdez and three (3) other companions. Based on her statement, the police conducted a manhunt. Accused-appellant Abubu could not be found at his residence but was apprehended at the house of his cousin Jerry Capinding. Accused Jesus Valdez, on the other hand, was arrested at the house of Inteng Natividad, his brother-in-law. Both were thereafter brought to the Cauayan Police Station for investigation. The accused Oscar Dimarucut, Renato Manabat and Rey Manabat were never apprehended and have remained at large.

    On 19 February 1996, due to inadequate hospital facilities, Flordeliza and her children were transferred to the Dr. Ester R. Garcia Hospital where they were treated by Dr. Ester R Garcia herself and Dr. Artemio P. Corotan. Five (5) days later the victims were moved to the Baguio General Hospital where John Paul, who was shot in the head, was operated on.

    Meanwhile, at the Carbonel Funeral Parlor, Dr. Antonio O. Abogado 5 conducted a post-mortem examination on the body of Julius Golocan. His examination revealed that Julius sustained five (5) gunshot wounds. A bullet slug was extracted from his chest just below the skin by Dr. Abogado. The slug which had a diameter of one (1) centimeter and a length of two (2) centimeters entered through the left side of the victim’s body. Dr. Abogado observed that the bullet wounds had a uniform diameter of 1.5 centimeters each. 6 According to the Certificate of Death issued by Dr. Abogado Julius died due to massive hemorrhage antecedent to gunshot wounds on the head, chest and upper left extremities. 7

    On the other hand, the injuries sustained by Flordeliza and her two (2) children were explained in court by Dr. Ester R. Garcia and Dr. Artemio P. Corotan. According to Dr. Garcia, Chief of the Dr. Ester R. Garcia General Hospital, Flordeliza, John Paul and Noemi were brought to her hospital in the evening of 19 February 1996 and confined there for five (5) days. Flordeliza was treated for the gunshot wound she sustained with a bullet that pierced her right upper arm and eventually lodged at the base of her right lung. The slug was not removed to avoid further injury. Dr. Garcia opined that the gunshot wound would have been fatal were it not for the immediate medical attention given to Flordeliza. 8

    Dr. Corotan testified on the injuries suffered by John Paul and Noemi Golocan. According to him, John Paul’s case was referred to him by Dr. Garcia for evaluation and management. John Paul suffered a single gunshot wound in the head with the bullet entering through his right temple and exiting at the left ear. The doctor also stated that it was a miracle that young John Paul survived the headshot. Noemi, on the other hand, sustained one (1) gunshot wound at the middle portion of her right sole and two (2) gunshot wounds on her left foot. Dr. Corotan was convinced that the injuries sustained by John Paul and Noemi were fatal enough to cause their death if they were not treated immediately. 9chanrobles.com : virtual law library

    Accused-appellant Antonio Abubu alias "Boy Valdez" testified that on 18 February 1996 he worked in the ricefield of his uncle Vicente Abubu. He finished at dusk and was on his way home when he encountered Oscar Dimarucut, Renato Manabat and Rey Manabat, whom he had previously met at the wedding of a cousin in sitio Pacac, Alicia, Isabela. They asked him if he knew Julius Golocan. Upon hearing an affirmative reply they asked him to accompany them to the house of Julius. He readily acceded to their request. Upon reaching the house, Accused-appellant informed Julius that the three (3) men had come to talk to him. However accused-appellant claimed that he did not witness the actual shooting as he left Oscar, Renato and Rey at the residence of Julius while they were still talking among themselves. He maintained that he was already 100 meters away from the house of Julius when he heard gunshots. Shaken, Accused-appellant decided to go to the house of his cousin where he rested. It was there that the police found and arrested him for the shooting of the Golocan family. 10

    At the police station, Accused-appellant denied participation in the crime. Instead, he informed the police officers that it was Oscar Dimarucut, Renato Manabat and Rey Manabat who were responsible for the shooting. 11 However, they were not apprehended and until now have eluded arrest.

    For his part, Accused Jesus Valdez categorically denied participation in the commission of the crime. He averred that at the time of the incident he was drinking at Barangay Pinoma with Eduardo de la Cruz, Kalbo Abubu and Fernando Valdez. 12 To strengthen his defense, he called on SPO2 Mario C. Madriaga to testify in his behalf. According to SPO2 Madriaga, on 18 February 1996 he took the statement of Flordeliza S. Golocan at the Cauayan District Hospital where she stated that she was only able to recognize accused-appellant as one of her family’s four (4) assailants and Jesus Valdez was not identified as one of them. 13

    On 29 October 1996 the Regional Trial Court acquitted accused Jesus Valdez for failure of the prosecution to prove his guilt beyond reasonable doubt. The trial court however convicted accused-appellant Antonio Abubu of the crime of murder complexed with multiple frustrated murder and sentenced him to suffer the supreme penalty of death. The trial court further ordered accused-appellant to pay the heirs of Julius Golocan P50,000.00 as compensatory damages, P200,000.00 as moral damages, P20,000.00 for funeral expenses, and P27,000.00 as reimbursement for the survivors’ medical expenses. 14 His case is now before us on automatic review pursuant to Art. 47, 2nd par., of the Revised Penal Code as amended.

    Two (2) important issues need to be addressed. First, whether the court a quo erred in finding accused-appellant Antonio Abubu alias "Boy Valdez" guilty beyond reasonable doubt of the complex crime of murder with multiple frustrated murder. Second, whether the court a quo correctly sentenced him to death.

    While we agree with accused-appellant that he should not be convicted of the complex crime of murder with multiple frustrated murder, we cannot agree with his contention that his guilt was not proved beyond reasonable doubt.chanrobles.com : virtual law library

    Flordeliza S. Golocan positively identified accused-appellant as one of the assailants who shot her and her entire family. She declared that she knew accused-appellant because they used to hire him to spray their ricefields, get cogon grass for tying seedlings and spread the seedlings in their farm. She claimed that he even slept in their house. 15 As the court a quo had the unique opportunity to observe Flordeliza’s demeanor on the stand, we find no reason to disturb its finding on her credibility. Verily, criminals are convicted not on the number of witnesses against them but on the credibility of the testimony of even one witness who is able to convince the court of the guilt of the accused beyond a shadow of doubt. 16

    Also worthy of note was the actuation of accused-appellant in the aftermath of the killing. As correctly pointed out by the trial court, Accused-appellant’s act contradicted his plea of innocence. Indeed, if it was true that he did not take part in the shooting of the Golocan family, why then did he not report the incident to the authorities immediately thereafter? Instead, he sought refuge in a place he normally did not frequent and did not consider home — his cousin’s house, where he pretended to sleep.

    Accused-appellant’s guilt as established, however, does not warrant his conviction for the complex crime of murder with multiple frustrated murder. Instead, he must be convicted of the separate crimes of murder and three (3) counts of frustrated murder as alleged in four (4) separate Informations.

    On the concept of a complex crime, Art. 48 of the Revised Penal Code provides: "When a single act constitutes two or more grave or less grave felonies or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period." 17 The instant case does not fall under any of the two (2) mentioned instances wherein a complex crime is committed. The evidence on record shows that the killing of Julius Golocan and the wounding of his wife Flordeliza and their children John Paul and Noemi resulted not from a single act but from several and distinct acts of shooting. For one thing, the evidence indicates that not only one gunman was involved, and the act of each gunman was distinct from that of the others. Moreover, there were two (2) empty shells recovered at the crime scene which confirms the fact that several shots were fired. Furthermore, considering the relative positions of the gunmen who surrounded the victims, it was absolutely impossible for the four (4) victims to have been hit by a single bullet. Each act of pulling the trigger of his firearm by each gunman and aiming it at different persons constitute distinct and individual acts which cannot give rise to the complex crime of murder with multiple frustrated murder. 18

    Of the qualifying circumstances of evident premeditation and treachery alleged in the Information the prosecution proved only treachery. The manner by which Julius was shot and killed shows that the attack was sudden and unexpected to the point of incapacitating him to repel or escape it. 19 Furthermore, the fact that Julius was carrying his son John Paul when the assault was made indicates that he was not in a position to defend himself. Also, the concerted and synchronized actions of the assailants in pulling their handguns and shooting the victims could only mean that they consciously adopted the treacherous method and form of attack. Treachery was, without doubt, present.

    The penalty for murder under Art. 248 of the Revised Penal Code is reclusion perpetua to death. Corollarily, Art. 63, second par., provides that" [i]n all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof : . . . . 2. [w]hen there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied." Thus, the imposable penalty being composed of two (2) indivisible penalties, and in the absence of any modifying circumstance, the lesser penalty of reclusion perpetua shall be imposed on accused-appellant for the killing of Julius G. Golocan.chanrobles.com : virtual law library

    As regards the frustrated murder of Flordeliza, John Paul and Noemi, the penalty one degree lower than reclusion perpetua to death, which is reclusion temporal, shall be imposed pursuant to Art. 248 of the Revised Penal Code in relation to Art. 50 thereof. Applying the Indeterminate Sentence Law and in the absence of modifying circumstances, the maximum penalty to be imposed shall be taken from the medium period of the imposable penalty which is reclusion temporal medium, the range of which is fourteen (14) years, eight (8) months and one (1) day to seventeen (17) years and four (4) months, while the minimum shall be taken from the penalty next lower in degree which is prision mayor in any of its periods, the range of which is six (6) years and one (1) day to twelve (12) years.

    WHEREFORE, the judgment appealed from is MODIFIED as follows:chanrob1es virtual 1aw library

    1. In Crim. Case No. 19-952, Accused-appellant ANTONIO ABUBU Y VALDEZ alias "BOY VALDEZ" is found GUILTY of murder qualified by treachery and sentenced to reclusion perpetua. He is further ORDERED to pay the heirs of Julius G. Golocan the amount of P50,000.00 as indemnity for death, P200,000.00 as moral damages and P20,000.00 as actual damages.

    2. In Crim. Cases Nos. 19-953, 19-954 and 19-955, Accused-appellant ANTONIO ABUBU Y VALDEZ alias "BOY VALDEZ" is likewise found GUILTY of the frustrated murder of Flordeliza S. Golocan, John Paul Golocan and Noemi Golocan. Consequently, Accused-appellant shall suffer an indeterminate prison term ranging from six (6) years, four (4) months and ten (10) days of prision mayor minimum as minimum to fourteen (14) years, eight (8) months and twenty (20) days of the minimum of reclusion temporal medium as maximum for each count of frustrated murder.

    Accused-appellant Abubu is further ORDERED to pay Flordeliza S. Golocan, John Paul Golocan and Noemi Golocan the total amount of P27,000.00 for actual damages, and to pay the costs.chanroblesvirtuallawlibrary

    SO ORDERED.

    Davide, Jr., C.J., Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Information, 23 February 1996; Rollo, p. 7.

    2. Id., pp. 9, 11 and 13.

    3. TSN, 30 April 1996, pp. 3-25.

    4. Ibid.

    5. Municipal Health Officer of Cauayan, Isabela.

    6. TSN, 29 April 1996, pp. 31-46.

    7. Certificate of Death dated 20 February 1996; Records, p. 12.

    8. TSN, 3 June 1996, pp. 3-17.

    9. Id., pp. 21-23.

    10. TSN, 4 June 1996, pp. 19-50.

    11. Ibid.

    12. Id., pp. 52-62.

    13. Id., pp. 6-19.

    14. Decision penned by Judge Artemio R. Alivia, RTC-Br. 19, Cauayan, Isabela, Crim. Case Nos. 19-952,19-953, 19-954 and 19-955.

    15. TSN, 29 April 1996, p. 10.

    16. People v. Sanchez, G.R. No. 131116, 27 August 1999, citing Bautista v. Court of Appeals, G.R. No. 121683, 26 March 1998, 288 SCRA 171.

    17. As amended by Act No. 4000.

    18. People v. Bermas, G.R. Nos. 76416 and 94312, 5 July 1999; People v. Valdez, G.R. No. 127663, 11 March 1999.

    19. See People v. Aguilar, 88 Phil. 693 (1951).

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


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