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Philippine Supreme Court Jurisprudence > Year 2000 > October 2000 Decisions > G.R. No. 132784 October 30, 2000 - PEOPLE OF THE PHIL. v. LEONILO VILLARBA, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 132784. October 30, 2000.]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONILO VILLARBA y BAUTISTA, WILFREDO MAGGAY SAQUING, and PETER MAGGAY Y FLORDELIZ, Accused-Appellants.

D E C I S I O N


MENDOZA, J.:


This is an appeal from the decision 1 of the Regional Trial Court, Branch 160, Pasig City, finding accused-appellants guilty of murder and sentencing each of them to suffer the penalty of reclusion perpetua and to pay the heirs of the deceased the amounts of P50,000.00 as indemnity, P21,026.00 as actual damages, and P300,000.00 for loss of earning capacity.chanrob1es virtua1 1aw 1ibrary

The information charged —

That on or about the 12th day of March 1995, in the Municipality of Pateros, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and all of them mutually helping and aiding one another, armed with a dagger (bayonet), a fan knife and a piece of wood with metal wrapped on top, with intent to kill, treachery and evident premeditation, did then and there wilfully, unlawfully and feloniously attack, assault and stab one Moises Pascua y Barrugo, as a result of which, the latter sustained stab wounds on the different parts of his body which directly caused his death.

CONTRARY TO LAW. 2

Accused-appellants pleaded not guilty, whereupon trial ensued. Two eyewitnesses for the prosecution positively identified accused appellants as the persons who attacked and killed Moises Pascua, a 26-year old tricycle driver, in the afternoon of March 12, 1995. The first was Reynaldo Pascua, himself a tricycle driver, who is the cousin of the deceased. He testified that at around 4 o’clock in the afternoon of March 12, 1995, he and the deceased were plying their route on Masagana St., Pateros, Metro Manila. Moses Pascua was about three to four arm’s length ahead of him when his way was blocked by accused-appellants as they passed in front of the latter’s house on Masagana St. Wilfredo and Peter Maggay held the tricycle, then Leonilo Villarba stabbed Moises Pascua several times with a bayonet. Unable to endure seeing his cousin being stabbed, Reynaldo ran home, all the while shouting "Si Ipot! Pinagsasaksak." ("Ipot is being attacked and stabbed.") His children prevented him from going out, but he went back after 20 minutes to the place where Moises Pascua had been waylaid and he saw accused-appellants already under police custody. He then went to the police station and gave his statement. 3

The second eyewitness was Rolando Membrera. He testified that at around 4:30 in the afternoon of March 12, 1995, he was on his way home after helping in the construction of an artesian well somewhere in the neighborhood. Near the corner of Masagana St. and another street going to the right, he saw three men, whom he identified to be accused-appellants, attacking Moises Pascua. The latter was cornered and was being stabbed by Wilfredo Maggay and Leonilo Villarba, who were armed with a fan knife and a bayonet respectively. On the other hand, he saw Peter Maggay hitting Moises Pascua with a metal-tipped wooden bar. 4 Moises Pascua fell to the ground but, as he tried to stand up, Leonilo Villarba pulled him by the shirt and attacked him again. When his attackers finally released him, he fell face down on the ground and was left in that condition when accused-appellants fled. Moises Pascua managed to get up and walked toward Rolando Membrera, who stayed with him until other people arrived. 5 Rolando Membrera then went home. The next time he saw Moises Pascua was already during the latter’s wake. 6

The prosecution presented other witnesses, namely, (1) Dr. Emmanuel Aranas, medico-legal officer of the PNP who conducted the postmortem examination on the body of Moises Pascua; (2) Cesar Calderon, who took Moises Pascua to the hospital; (3) Luzviminda Pascua, the victim’s wife who testified regarding the extent of accused-appellants’ civil liability; (4) Marilyn Pascual Lansangan, the victim’s sister who also testified in support of the claim for damages; (6) Jorge L. Nichanrobles.com.ph:redo, a barangay kagawad, who testified regarding the circumstances surrounding the arrest of accused-appellants; and (5) SPO1 Domingo Cosino, member of the Pateros Police, who also testified on the circumstances of accused-appellants’ arrest.

Accused-appellants then testified in their defense.

Peter Maggay testified that he was 16 years old at the time of the incident and submitted his birth certificate 7 showing that he was born on April 15, 1978. 8 He stated that Moises Pascua, a drug-user, had stolen a fighting cock belonging to the Maggays for which reason they fenced their yard. 9 At 3:30 p.m. on March 12, 1995, however, as Moises Pascua tried to pass by their backyard, Peter forbade him from doing so. Moises got angry and pulled out a 29-inch fan knife, and threatened Peter with it. Upon seeing the knife, Peter ran and shouted for help. Responding to his cry, Peter’s grandfather, Accused-appellant Leonilo Villarba (or Nilo), stopped Moises Pascua from running after Peter. When Peter reached their house, he found his father, Accused-appellant Wilfredo Maggay, sleeping. Shortly afterwards, about 30 to 40 people who were mostly Moises Pascua’s relatives, gathered in front of their house demanding the surrender of Leonilo Villarba. They hurled stones at their house causing damage to it. Then the police and the mayor of Pateros arrived and negotiated their surrender. He, his father, and his grandfather were then brought to the municipal hall. 10

Accused-appellant Leonilo Villarba admitted that he stabbed Moises Pascua. He claimed, however, that he had acted in self-defense. He claimed that at around 2 o’clock in the afternoon of March 12, 1995, he saw his grandson, Peter Maggay, running and shouting for help as the latter was being chased by Moises Pascua who was armed with a knife. Coming to the rescue of his grandson, he wrestled with Moises Pascua, who was about six inches taller and 24 years younger than he and succeeded in disarming him. He stabbed Moises Pascua several times and then ran to his house. 11 His testimony as to what transpired next corroborated that of Peter Maggay.chanrob1es virtua1 1aw 1ibrary

On the other hand, Accused-appellant Wilfredo Maggay testified that between 3 to 4 o’clock in the afternoon of March 12, 1995, he was sleeping in his home on Masagana St. When he woke up, he saw about thirty people gathered outside, hurling stones at their house and demanding to see Leonilo Villarba. Wilfredo said he then turned to his father, Leonilo Villarba, who was then holding two knives. The latter explained that there was an accident and that he had stabbed somebody. 12 They stayed inside the house for about thirty minutes until the barangay kagawad and the police arrived and took them to the police station. 13

The defense presented two other witnesses. Salvadora Bismonte testified that when she went to accused-appellants’ house at around one p.m. on the day of the incident, he found Wilfredo Maggay sleeping. 14 Their last witness was 19-year old Jansen Moreno, who testified that, in the afternoon of March 12, 1995, while he was fetching water inside their compound, he heard someone shouting "Saklolo!" He looked out of the gate and saw Leonilo Villarba and Moises Pascua fighting. The two were grappling with each on the ground and were bloodied. He also saw Peter Maggay running away. Fear got the better of him and he immediately went inside their house. 15

On May 5, 1997, the trial court rendered its decision finding accused-appellants guilty of the crime charged and sentencing each of them to suffer the penalty of reclusion perpetua and to pay the heirs of the victim the amounts of P50,000.00 as death indemnity, P21,026.00 as actual damages, and P300,000.00 for loss of earning capacity. It ruled that the evidence for the prosecution, particularly the testimonies of the two eyewitnesses, convincingly established the guilt of Accused-Appellants. 16 It also held that the injuries sustained by the victim confirmed the accounts of Rolando Membrera that he had been stabbed at the back by Leonilo Villarba and hit with a bat by Peter Maggay. 17 It appreciated the qualifying circumstance of treachery, noting that the attack on Moises Pascua was so sudden that the latter had no opportunity to defend himself. 18

Hence, this appeal.

Accused-appellants contend that the trial court erred: (1) in convicting accused-appellants of murder despite the alleged failure of the prosecution to establish that treachery attended the killing; (2) in finding that accused-appellants had conspired to commit the crime; (3) in failing to appreciate Leonilo Villarba’s claim of self-defense, and Wilfredo and Peter Maggay’s defense of alibi; and (4) in awarding P21,026.00 as actual damages and P300,000.00 for loss of earning capacity despite the prosecution’s failure to prove such claim for damages. 19

First. Accused-appellants question the credibility of Reynaldo Pascua, who had allegedly admitted in open court that his eyesight was blurred and hazy. 20 They also contend that he gave a number of inconsistent statements. They cited how he had initially stated that the victim’s tricycle was behind his but later on claimed that it was in front. 21

We are not persuaded. Reynaldo Pascua, a key eyewitness, testified that he saw Wilfredo and Peter Maggay blocking Moises Pascua’s tricycle and Leonilo Villarba afterward stabbing the latter several times at the back. His alleged admission that his eyesight was poor was quoted out of context. His testimony is as follows:chanrob1es virtual 1aw library

Q I am showing to you this "Salaysay" what is the relation of this document to the affidavit that you mentioned?

(Witness going over said document).

A I could not read it clearly, sir.

Q Why can you not read it clearly?

A Because I have blurred vision, sir.

(Witness is trying to decipher the contents of the document)

Q Do you need a reading glass in order to read all of them?

A No, I will just go over and I will try to decipher (witness going over the documents).chanrob1es virtua1 1aw 1ibrary

Well, yes, this is it. 22

From his testimony, it is evident that while he may have had some difficulties in reading his sworn statement, Reynaldo Pascua did not need reading glasses to accomplish this task. This shows that although his vision is imperfect, it is not so impaired as to prevent him from recognizing Moises Pascua’s attackers. Indeed, if he could not see very well and recognize people, he would not have worked as a tricycle driver. During cross-examination, the defense tried to capitalize on Reynaldo Pascua’s admission that his eyesight was blurred, but his answers to the question removed any doubt that he could recognize people. He said:chanrob1es virtua1 1aw 1ibrary

ATTY. PIO:chanrob1es virtual 1aw library

Q Mr. Witness, you said that you’ve blurred vision, how blurred is your vision?

A Only slightly blurred, I could also read if I look at it.

Q You do not use any eyeglass?

A None, ma’am.

Q Could you see the number of the watch?

A Yes, ma’am.

Q What is the time now?

A 11:10 in the morning, ma’am.

Q May we put on record that the clock which the witness made to read, registered the time of 11:10. 23

Turning now to accused-appellants contention regarding the alleged inconsistencies in Reynaldo Pascua’s testimony, the Court finds them to be insufficient to destroy his credibility. That he had initially claimed that Moises Pascua’s tricycle was behind his was clearly an oversight which he himself quickly corrected. The transcripts of his testimony are quoted below:chanrob1es virtual 1aw library

Q You said that the victim Moises Pascua is also driving the tricycle. Is he driving his tricycle for passengers?

A Yes, ma’am.

Q And during that time when this incident happened, was there a passenger inside the tricycle of Moises Pascua?

A None, ma’am.

Q And you also do not have any passenger during that time?

A None, ma’am.

Q You said that you are just very near Moises Pascua when both of you were driving your respective tricycles, am I not right?

A Yes, ma’am.

Q And who was ahead?

A He was ahead and I was tailing him. 24

That Moises Pascua had been driving in front of him and not behind him at the time of the incident was also clearly stated in the statement he gave the police immediately after the incident. This strongly supports the Court’s observation that his initial statement was a mere error which should not affect his credibility.chanrob1es virtua1 1aw 1ibrary

Indeed, other than this, his testimony is clear and straightforward such that the trial court found it credible. It is well-settled that the assessment of the credibility of a witness and his testimony is a matter best left to the trial judge. 25 Unless the trial judge plainly overlooked certain facts of substance and value which, if considered, might affect the result of the case, his assessment of the credibility of witnesses must be respected. 26 Here, we are unable to find that the trial court overlooked facts of substance so as to justify this Court in evaluating the evidence. The trial judge’s assessment must be upheld.

Second. The other eyewitness, Rolando Membrera, testified that he saw Leonilo Villarba and Wilfredo Maggay stabbing Moises Pascua and Peter Maggay hitting the latter with an improvised bat.

Accused-appellants say that "if there was any evidence marshalled by the prosecution that would be most damaging to the cause of the defense, it would be the testimony of the second eyewitness, Rolando Membrera." 27 Nonetheless, they attack his credibility on the ground that he failed to witness the events that preceded the assault upon the person of Moises Pascua.

The contention has no merit. Other than his failure to witness the events that preceded the attack, Accused-appellants present no other substantial argument to discredit Rolando Membrera’s testimony. On the other hand, the nature and number of the wounds sustained by the victim show that there was more than one assailant. The medico-legal report 28 of the postmortem shows that the victim suffered multiple wounds:chanrob1es virtual 1aw library

(1) Lacerated wound, frontal region, measuring 4 cm. long, 3 cm. right of the anterior midline.

(2) Lacerated wound, parietal region, measuring 2.5 by 0.5 cm. long, along the midsagittal line.

(3) Lacerated wound, right parietal region, measuring 6 cm. long, cm. from the midsagittal line, with 5 stitches applied.

(4) Stab wound, left axillary region, measuring 1 by 0.6 cm., 11 cm. from the anterior midline, thru the muscle tissue.

(5) Abrasion, left suprascapular region, measuring 2 by 1 cm., 14 cm. from the posterior midline.

(6) Stab wound, left scapular region, measuring 3 by 0.6 cm., 16 cm. from the posterior midline, thru the muscle tissue.

(7) Stab wound, left lumbar region measuring 1.8 by 0.7 cm., 13 cm. from the posterior midline, thru the muscle tissues.

(8) Stab wound, right scapular region, measuring 3 by 0.8 cm., 3 cm. from the posterior midline, thru the muscle tissues.

(9) Stab wound, right scapilar region, measuring 3 by 0.8 cm., 3 cm. from the posterior midline, 8 cm. deep, directed anteriorwards, downwards and medialwards, fracturing the 3rd right thoracic rib, lacerating the upper lobe of the right lung.

(10) Stab wound, right infrascapular region, measuring 2.8 by 0.6 cm., 5.5 cm. from the posterior midline, 10 cm. deep, directed anteriorwards, downwards and medialwards, lacerating the lower lobe of the right lung.

(11) Stab wound, right knee, measuring 3.3 by 0.7 cm., 5 cm. medial to its anterior midline thru the muscle tissue.

(Emphasis supplied.)

Dr. Emmanuel Aranas; the medico-legal officer who conducted the postmortem examination, testified that the lacerated wounds, three of which are located in the head, and the contusion in the chest could have been caused by a hard and blunt object. 29 The picture, Exhibit C, 30 also shows the fan knife and bayonet recovered by the police from accused-appellants and the wooden bat recovered by the police from the scene of the crime. All the items were bloodstained. Biochemical examinations conducted on them confirmed that the stain was type A human blood. 31 Dr. Emmanuel Aranas testified that Moises Pascua’s blood type is A. 32

The foregoing evidence confirms Rolando Membrera’s testimony that accused-appellants all took part in the assault and killing of Moises Pascua. 33

Third. Accused-appellants further contend that treachery could not be appreciated against them because Rolando Membrera did not see how the attack commenced and treachery cannot be presumed. 34 They point out that the attack was made frontally and treachery cannot be inferred from the lone circumstance that the fatal stab wounds were all found on the victim’s back. 35

It is true that where treachery is alleged, the manner of attack must be conclusively proven 36 and that treachery cannot be considered in the present case based solely on the testimony of Rolando Membrera who did not see the commencement of the assault. 37 However, based on the unrebutted testimony of Reynaldo Pascua, Moises Pascua was driving his tricycle along Masagana St. when suddenly and unexpectedly, he was waylaid by Accused-Appellants. Wilfredo and Peter Maggay held the victim’s tricycle while Leonilo Villarba repeatedly stabbed him on the back with a bayonet. The stab wounds perforated his lungs and proved to be fatal. The manner of the attack completely rendered him defenseless. He was thus left at the mercy of his attackers. As recounted by Rolando Membrera, Wilfredo Maggay, armed with a fan knife, and his son, Peter Maggay, armed with a bat, joined Leonilo Villarba in assaulting Moises Pascua. The victim was taken by surprise because, as Wilfredo and Peter Maggay stopped him, he was suddenly attacked from behind by Leonilo Villarba.chanrob1es virtua1 1aw 1ibrary

Accused-appellants’ contention that the attack on Moises Pascua was made frontally must therefore fail. Even with a warning, this Court has appreciated treachery in several cases. 38 The essence of treachery, after all, is the suddenness of the assault without the slightest provocation on the part of the person attacked. 39 For that matter, even if the attack was frontal, if it was sudden and unexpected, as it was in this case, thus giving the victim no opportunity to prepare in self-defense, there was treachery. 40

Indeed, the manner by which the assault was carried out in the present case not only establishes treachery; it also proves that accused-appellants acted deliberately and pursuant to a plan. They waited in ambush for the victim, and each of them had a particular role during the assault. Under these circumstances, Accused-appellants clearly conspired to commit the offense. Conspiracy need not be established by direct proof. 41 It has been held that where the acts of the accused collectively and individually demonstrate the existence of a common design towards the accomplishment of the same unlawful purpose, conspiracy is evident. 42

Fourth. Nor are we persuaded by accused-appellants’ contention that the trial court erred in rejecting their story of self-defense.

It is claimed that Leonilo Villarba acted in defense of his grandson, Peter Maggay, because the latter was being chased by Moises Pascua who was allegedly armed with a knife. This is incredible considering that Leonilo Villarba allegedly was able to wrest a knife from the victim who was 24 years his junior and about six inches taller than he. Not only is this improbable but the number of wounds sustained by the victim clearly refutes the claim of self-defense of Accused-Appellants. The victim sustained 11 wounds, most of which were stab wounds, while the rest were lacerations caused by a hard and blunt object. It is obvious that Moises Pascua had more than one attacker.chanrob1es virtua1 1aw 1ibrary

The foregoing establishes the guilt of accused-appellants beyond reasonable doubt. Under Art. 248 of the Revised Penal Code, murder is punishable by reclusion perpetua to death. There being no aggravating or mitigating circumstance, the trial court correctly sentenced accused-appellants to suffer the penalty of reclusion perpetua. Considering the privileged mitigating circumstance in favor of accused-appellant Peter Maggay, however, the maximum of the penalty to be imposed on him should be reclusion temporal in its medium period. Applying the Indeterminate Sentence Law, the minimum of the penalty should be within the range of prision mayor.

Fifth. Finally, we turn to the trial court’s award of damages. Accused-appellants object to the award of P300,000.00 for unearned income and P21,026.00 as actual damages.

With regard to the award for loss of earning capacity, they contend that the testimony of Luzviminda Pascua, the victim’s wife, that at the time of his death, her husband was earning P200.00 a day as a tricycle driver is inadmissible for being hearsay evidence.

The contention has no merit. Although, in general, testimonial evidence is insufficient to substantiate a claim for damages for loss of earning capacity, 43 we have allowed claims for unearned income to prosper when documentary evidence is unavailable such as when the deceased is self-employed and earning less than the minimum wage, and the amount claimed is reasonable. In People v. Verde, 44 where the victim was also a tricycle driver, we awarded unearned income based solely on the testimony of the victim’s wife that her husband had an average daily income of P200.00. Thus, award of unearned income based on the testimony of Luzviminda Pascua is proper. The formula 45 for unearned income is as follows:chanrob1es virtual 1aw library

Life expectancy x [Gross Annual Income (G.A.I.) less

Living expenses (50% G.A.I.)]

where life expectancy = 2/3 x (80 - age of the deceased)

Since Moises Pascua was 26 years old at the time of his death, his life expectancy is 36 years. Considering that his average daily income was P200.00 a day, his Gross Annual Income would be P48,000.00. Using the above formula, the victim’s unearned income would thus be P864,000.00.

With regard to the award of P21,026.00 for actual damages, Accused-appellants argue that this item should be disallowed because Marilyn Pascua-Lansangan, the victim’s sister and the custodian of the receipts presented to prove the amount of actual damages, is incompetent to testify on the same since she was not the one who actually made these payments. That Marilyn Pascua-Lansangan is merely a custodian is of no consequence. What is decisive is that receipts evidencing expenses actually incurred by the heirs of the deceased were duly presented in evidence. Based on the summary of expenses, 46 however, we find that only the amount of P9,026.20 was duly receipted. The award of actual damages should, therefore, be reduced to that amount.chanrob1es virtua1 1aw 1ibrary

WHEREFORE, the decision of the Regional Trial Court, Branch 160, Pasig City, is AFFIRMED with the following modifications:chanrob1es virtual 1aw library

(1) On account of his minority at the time of the incident, Accused-appellant Peter Maggay is hereby sentenced to an indeterminate prison term from eight (8) years of prision mayor, as minimum, to fourteen (14) years, eight (8) months, and one (1) day of reclusion temporal, as maximum.chanrob1es virtua1 1aw 1ibrary

(2) The award for loss of earning capacity is increased to P864,000.00.

(3) The award of actual and compensatory damages is reduced to P9,026.20.

SO ORDERED.

Bellosillo, Quisumbing, Buena and De Leon, Jr., JJ., concur.

Endnotes:



1. Per Judge Mariano M. Umali.

2. RTC Records, p. 1.

3. TSN, pp. 1-10, May 11,1995.

4. TSN, pp. 1-6, May 18, 1995.

5. Id. at 7-9.

6. TSN, pp. 1-5, June 22, 1995.

7. Exh 1.

8. TSN, p. 25, May 22, 1996.

9. TSN, pp. 8-10, June 26, 1996.

10. TSN, pp. 1-24, May 22, 1996.

11. TSN, pp. 1-5, July 11, 1996.

12. TSN, pp. 1-3, Aug. 14, 1996.

13. Id. at 4.

14. TSN, p. 2, Nov. 13, 1996.

15. TSN, pp. 34, Jan. 9, 1997.

16. RTC Decision, pp. 5-8; Rollo, pp. 177-181.

17. Id. at 182.

18. Id. at 188.

19. Accused-appellants’ Brief, pp. 1-2; Rollo, pp. 62-63.

20. Id. at 72.

21. Id. at 74.

22. TSN, p. 9, May 11, 1995 (Emphasis supplied).

23. Id. at 10 (Emphasis Supplied).

24. Id. at 11.

25. People v. Pili, 289 SCRA 118 (1998); People v. Balmoria, 287 SCRA 687 (1998); People v. Quitorio, 285 SCRA 196 (1998); People v. Cabiles, 284 SCRA 199 (1998); People v. Magpantay, 284 SCRA 96 (1998); People v. Dansal, 275 SCRA 549 (1997).

26. People v. Viovicente, 286 SCRA 1 (1998); People v. Agbayani, 284 SCRA 315 (1998); People v. Maalat, 275 SCRA 206 (1997); People v. Ortega, Jr., 276 SCRA 166 (1997).

27. Accused-appellants’ Brief, p. 14; Rollo, p. 75.

28. Exh. H; Records, p. 114.

29. TSN, p. 19, July 12, 1995.

30. Records, p. 109.

31. Medico-Legal Report No. S-003-95, Exh. M; Records, p. 127.

32. TSN, p. 5, Dec. 20, 1995.

33. People v. Nepomuceno, Jr., 298 SCRA 450 (1998); People v. Sancholes, 271 SCRA 527 (1997); People v. Navales, 266 SCRA 569 (1997).

34. Accused-appellants’ Brief, p. 14; Rollo, p. 75.

35. Id. at 76.

36. See People v. Albao, 287 SCRA 1129 (1998); People v. Asis, 286 SCRA 64 (1998).

37. People v. Simbulan, 289 SCRA 500 (1998).

38. People v. Villonez, 298 SCRA 566 (1998); People v. Molina, 292 SCRA 742 (1998); People v. Javier, 269 SCRA 181 (1997); People v. Tobias, 267 SCRA 266.

39. People v. Reyes, 287 SCRA 229 (1998); People v. Pallarco, 288 SCRA 151 (1998); People v. Sumalpong, 284 SCRA 464 (1998); People v. Lascota, 275 SCRA 591 (1997).

40. See People v. Abria, 300 SCRA 556 (1998); People v. Noay, 296 SCRA 292 (1998); People v. Feloteo, 290 SCRA 627 (1998); People v. Reyes, 287 SCRA 229 (1998); People v. Aranjuez, 285 SCRA 466 (1998); People v. Dansal, 275 SCRA 549 (1997); People v. Dinglasan, 267 SCRA 26 (1997).

41. Fernandez v. National Labor Relations Commission, 281 SCRA 423 (1997); People v. Salvador, 279 SCRA 164 (1997); People v. Sion, 277 SCRA 127 (1997); People v. Gayon, 269 SCRA 587 (1997); People v. Tabag, 268 SCRA 115 (1997).

42. People v. Andal, 279 SCRA 474 (1997); People v. Mercado, 275 SCRA 581 (1997); People v. Sancholes, 271 SCRA 527 (1997); People v. Javier, 269 SCRA 181 (1997).

43. People v. Cotas, G.R. No. 132043, May 31, 2000, citing People v. Villanueva, 302 SCRA 380 (1999).

44. 302 SCRA 690 (1999); see also People v. Dizon, G.R. No. 129893, Dec. 10, 1999.

45. People v. Sirad, G.R. No. 130594, July 5, 2000; People v. Go-od, G.R. No. 134505, May 9, 2000; People v. Pascual, G.R. No. 127761, April 28, 2000.

46. Exh. J; Records, p. 116.




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  • G.R. No. 127405 October 4, 2000 - MARJORIE TOCAO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 128559 & 130911 October 4, 2000 - SEC. OF EDUC., CULTURE AND SPORTS, ET AL VS. COURT OF APPEALS; ET AL.

  • G.R. No. 129371 October 4, 2000 - PEOPLE OF THE PHIL. v. ROMEO SANTIAGO, ET AL.

  • G.R. No. 132633 October 4, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GEMOYA, ET AL.

  • G.R. Nos. 134480-82 October 4, 2000 - PEOPLE OF THE PHIL. v. GREGORIO MAGTRAYO

  • G.R. No. 137798 October 4, 2000 - LUCIA R. SINGSON v. CALTEX (PHILS.)

  • A.M. No. MTJ-00-1296 October 5, 2000 - ALBERT R. SORDAN v. ROLANDO B. DE GUZMAN

  • G.R. Nos. 115251-52 October 5, 2000 - PEOPLE OF THE PHIL. v. JOHN O. DEE, ET AL.

  • G.R. No. 111904 October 5, 2000 - AGRIPINO GESTOPA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129532 October 5, 2000 - PEOPLE OF THE PHIL. v. VICENTE HILOT, ET AL.

  • G.R. No. 130613 October 5, 2000 - PEOPLE OF THE PHIL. v. ARTEMIO AQUINO, ET AL.

  • G.R. No. 131942 October 5, 2000 - PEOPLE OF THE PHIL. v. CARLITO BAWANG

  • G.R. No. 133904 October 5, 2000 - PEOPLE OF THE PHIL. v. RODOLFO DELA CUESTA

  • G.R. Nos. 134143-47 October 5, 2000 - PEOPLE OF THE PHIL. v. ALFREDO CATUBIG, JR.

  • G.R. No. 139592 October 5, 2000 - REPUBLIC OF THE PHIL., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112792-93 October 6, 2000 - PEOPLE OF THE PHIL. v. RAUL TAGUBA, ET AL.

  • G.R. No. 119602 October 6, 2000 - WILDVALLEY SHIPPING CO. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133448-53 October 6, 2000 - PEOPLE OF THE PHIL. v. ROSELINDO CUTAMORA, ET AL.

  • G.R. No. 136781, 136786 & 136795 October 6, 2000 - VETERANS FEDERATION PARTY, ET AL. v. COMELEC, ET AL.

  • G.R. No. 108615 October 9, 2000 - PEOPLE OF THE PHIL. v. NILO VEDRA

  • G.R. No. 125468 October 9, 2000 - PRODUCERS BANK OF THE PHILS. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 128110-11 October 9, 2000 - PEOPLE OF THE PHIL. v. RENE UBALDO, ET AL.

  • G.R. Nos. 128121 & 128993 October 9, 2000 - PHIL. CREOSOTING CORPORATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138979 October 9, 2000 - ERNESTO BUNYE v. LOURDES AQUINO, ET AL.

  • G.R. No. 140904 October 9, 2000 - RENE S. ONG v. PEOPLE OF THE PHIL., ET AL.

  • A.M. No. 00-2-27-MTCC October 10, 2000 - EDELITO I. ALFONSO. MUNICIPAL TRIAL COURT IN CITIES (MTCC)

  • A.M. No. MTJ-00-1247 October 10, 2000 - CHARLES N. UY v. NELIDA S. MEDINA

  • G.R. No. 128002 October 10, 2000 - PEOPLE OF THE PHIL. v. BIENVENIDO BONITO, ET AL.

  • G.R. No. 132168 October 10, 2000 - PEOPLE OF THE PHIL. v. JOSELITO LOPEZ

  • G.R. No. 133511 October 10, 2000 - WILLIAM G. PADOLINA, ET AL. v. OFELIA D. FERNANDEZ

  • G.R. Nos. 138570, 138572, 138587, 138680 & 138698 October 10, 2000 - BAYAN (Bagong Alyansang Makabayan) ET AL. v. EXECUTIVE SECRETARY RONALDO ZAMORA, ET AL.

  • G.R. No. 109143 October 11, 2000 - PEOPLE OF THE PHIL. v. PEDRO G. TALIMAN, ET AL.

  • G.R. No. 109853 October 11, 2000 - PROVINCE OF ZAMBOANGA DEL NORTE v. C A

  • G.R. No. 120897 October 11, 2000 - PEOPLE OF THE PHIL. v. SEVERO DAYUHA

  • G.R. No. 130177 October 11, 2000 - PEOPLE OF THE PHIL. v. JOAQUIN BARRAMEDA, ET AL.

  • G.R. No. 139020 October 11, 2000 - PAQUITO BUAYA v. STRONGHOLD INSURANCE CO.

  • A.M. No. 00-1395 October 12, 2000 - FRANCIA MERILO-BEDURAL v. OSCAR EDROSO

  • G.R. No. 97913 October 12, 2000 - PEOPLE OF THE PHIL. v. NORBERTO CARROZO, ET AL.

  • G.R. No. 106634 October 12, 2000 - PEOPLE OF THE PHIL. v. NINOY MALBOG, ET AL.

  • G.R. No. 119832 October 12, 2000 - RAYMUNDO TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 122047 October 12, 2000 - SERAFIN SI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122451 October 12, 2000 - CAGAYAN ROBINA SUGAR MILLING CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127130 October 12, 2000 - PEOPLE OF THE PHIL. v. ERNESTO M. EBIAS

  • G.R. No. 127316 October 12, 2000 - LIGHT RAIL TRANSIT AUTHORITY v. CENTRAL BOARD OF ASSESSMENT APPEALS, ET AL.

  • A.M. No. 00-1-48-RTC October 12, 2000 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE RTC-BRANCH 20

  • G.R. No. 137378 October 12, 2000 - PHIL. ALUMINUM WHEELS v. FASGI ENTERPRISES

  • G.R. No. 138596 October 12, 2000 - FIDELIS ARAMBULO v. HILARION LAQUI, ET AL.

  • G.R. No. 139524 October 12, 2000 - PHILIP C. SANTOS, ET AL. v. LADISLAO M. SANTOS, ET AL.

  • G.R. Nos. 135695-96 October 12, 2000 - PEOPLE OF THE PHIL. v. TOMAS TUNDAG

  • G.R. No. 120077 October 13, 2000 - MANILA HOTEL CORP. ET AL. v. NLRC, ET AL.

  • G.R. No. 120350 October 13, 2000 - PEOPLE OF THE PHIL. v. FREDDIE YAMBOT

  • G.R. No. 120546 October 13, 2000 - PEOPLE OF THE PHIL. v. RODOLFO OPERAÑA, JR.

  • G.R. No. 120787 October 13, 2000 - CARMELITA G. ABRAJANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 123147 October 13, 2000 - PEOPLE OF THE PHIL. v. JOSEPH MANENG

  • G.R. No. 123176 October 13, 2000 - PEOPLE OF THE PHIL. v. MELCHOR RAFAEL

  • G.R. No. 128230 October 13, 2000 - ROCKWELL PERFECTO GOHU v. ALBERTO GOHU, ET AL.

  • G.R. Nos. 134628-30 October 13, 2000 - PEOPLE OF THE PHIL. v. ORLANDO ARVES

  • G.R. No. 137269 October 13, 2000 - PEOPLE OF THE PHIL. v. MULLER BALDINO

  • G.R. No. 140825 October 13, 2000 - CIPRIANO CENTENO, ET AL. v. IGNACIA CENTENO

  • G.R. No. 115813 October 16, 2000 - EDUARDO FERNANDEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120367 October 16, 2000 - PEOPLE OF THE PHIL. v. ANTONIO BARRETA, ET AL.

  • G.R. No. 120697 October 16, 2000 - STA. LUCIA REALTY AND DEVELOPMENT v. COURT OF APPEALS, ET AL.

  • G.R. No. 121971 October 16, 2000 - PEOPLE OF THE PHIL. v. APOLINARIO PERALTA, ET AL.

  • G.R. No. 129892 October 16, 2000 - PEOPLE OF THE PHIL. v. RODOLFO BARRO, JR.

  • G.R. No. 130610 October 16, 2000 - PEOPLE OF THE PHIL. v. JOSELITO BALTAZAR

  • G.R. No. 132071 October 16, 2000 - PEOPLE OF THE PHIL. v. JOEL DE GUZMAN

  • A.M. No. CA-99-30 October 16, 2000 - UNITED BF HOMEOWNERS v. ANGELINA SANDOVAL-GUTIERREZ, ET AL.

  • A.M. No. MTJ-99-1234 October 16, 2000 - JESUS G. CHAVEZ v. PANCRACIO N. ESCAÑAN

  • A.M. RTJ 00-1593 October 16, 2000 - JAIME MORTA, SR. v. JOSE S. SAÑEZ, ET AL.

  • G.R. No. 131518 October 17, 2000 - PEOPLE OF THE PHIL. v. FERNANDO R. ARELLANO

  • G.R. No. 134761 October 17, 2000 - PEOPLE OF THE PHIL. v. AGUINALDO CATUIRAN, JR., ET AL.

  • G.R. Nos. 136003-04 October 17, 2000 - PEOPLE OF THE PHIL. v. PABLITO A. ADAJIO

  • G.R. No. 138113 October 17, 2000 - EMILIO BUGATTI v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138516-17 October 17, 2000 - PEOPLE OF THE PHIL. v. EMMA DELA CRUZ, ET AL.

  • G.R. No. 139465 October 17, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • G.R. No. 140453 October 17, 2000 - TRANSFARM & CO., INC. ET AL. v. DAEWOO CORPORATION, ET AL.

  • A.M. No. 98-3-119-RTC October 18, 2000 - JUDICIAL AUDIT REPORT

  • A.C. No. 5333 October 18, 2000 - ROSA YAP PARAS v. JUSTO DE JESUS PARAS

  • G.R. No. 114028 October 18, 2000 - SALVADOR SEBASTIAN, SR. v. FRANCIS E. GARCHITORENA, ET AL.

  • G.R. No. 116417 October 18, 2000 - ALBERTO MAGLASANG, JR. v. MERCEDES GOZO DADOLE, ET AL.

  • G.R. No. 121994 October 18, 2000 - PEOPLE OF THE PHILS.. v. ANGELES TEVES

  • G.R. No. 123545 October 18, 2000 - PEOPLE OF THE PHIL. v. RODELO PALIJON, ET AL.

  • G.R. No. 127846 October 18, 2000 - PEOPLE OF THE PHIL. v. ROLANDO G. SANTOS

  • G.R. No. 127851 October 18, 2000 - CORONA INTERNATIONAL, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 128134 October 18, 2000 - FE D. LAYSA v. COMMISSION ON AUDIT

  • G.R. No. 128703 October 18, 2000 - TEODORO BAÑAS, ET AL. v. ASIA PACIFIC FINANCE CORPORATION

  • G.R. No. 129573 October 18, 2000 - PEOPLE OF THE PHIL. v. ELEUTERIO DIMAPILIS

  • G.R. No. 130590 October 18, 2000 - PEOPLE OF THE PHIL. v. RANILLO PONCE HERMOSO

  • G.R. No. 131144 October 18, 2000 - NOEL ADVINCULA v. COURT OF APPEALS, ET AL.

  • G.R. No. 131280 October 18, 2000 - PEPE CATACUTAN, ET AL. v. HEIRS OF NORMAN KADUSALE, ET AL.

  • G.R. No. 135517 October 18, 2000 - PEOPLE OF THE PHIL. v. EMELITO BRONDIAL

  • G.R. No. 136393 October 18, 2000 - PEOPLE OF THE PHIL. v. AMADIO ITDANG

  • G.R. No. 138842 October 18, 2000 - NATIVIDAD P. NAZARENO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140942 October 18, 2000 - BENIGNO M. SALVADOR v. JORGE Z. ORTOLL

  • A.M. No. P-00-1432 October 19, 2000 - JOSE C. SARMIENTO v. ROMULO C. VICTORIA

  • G.R. No. 119002 October 19, 2000 - INTERNATIONAL EXPRESS TRAVEL & TOUR SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129380 October 19, 2000.

    PEOPLE OF THE PHIL. v. BONIFACIO BALTAZAR

  • G.R. No. 133696 October 19, 2000 - PEOPLE OF THE PHIL. v. VICTOR CALlWAN

  • G.R. No. 135337 October 19, 2000 - CITY OF OLONGAPO v. STALLHOLDERS OF THE EAST BAJAC-BAJAC PUBLIC MARKET, ET AL.

  • G.R. No. 135527 October 19, 2000 - GEMINIANO DE OCAMPO, ET AL. v. FEDERICO ARLOS, ET AL.

  • G.R. Nos. 135699-700 & 139103 October 19, 2000 - PEOPLE OF THE PHIL. v. CESAR CLADO

  • G.R. No. 135775 October 19, 2000 - EMERENCIANO ESPINOSA, ET AL. v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 136490 October 19, 2000 - BRENDA B. MARCOS v. WILSON G. MARCOS

  • G.R. No. 112924 October 20, 2000 - EDUARDO P. BALANAY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 120539 October 20, 2000 - LIWAYWAY VINZONS-CHATO v. MONINA A. ZENOROSA, ET AL.

  • G.R. No. 120931 October 20, 2000 - TAG FIBERS, INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129651 October 20, 2000 - FRANK UY and UNIFISH PACKING CORPORATION v. BIR, ET AL.

  • G.R. No. 131141 October 20, 2000 - VICTORINA MOTUS PEÑAVERDE v. MARIANO PEÑAVERDE

  • G.R. No. 131541 October 20, 2000 - THERMOCHEM INC., ET AL. v. LEONORA NAVAL, ET AL.

  • G.R. No. 131806 October 20, 2000 - PEOPLE OF THE PHIL. v. LIBERATO CABIGTING

  • G.R. No. 132677 October 20, 2000 - ISABELA COLLEGES v. HEIRS OF NIEVES TOLENTINO-RIVERA

  • G.R. No. 136252 October 20, 2000 - PEOPLE OF THE PHIL. v. JULIO L. FRANCISCO

  • G.R. No. 117949 October 23, 2000 - PEOPLE OF THE PHIL. v. ALEX BANTILLO, ET AL.

  • G.R. No. 121438 October 23, 2000 - FELIX UY CHUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128127 October 23, 2000 - PEOPLE OF THE PHIL. v. SERGIO BRIONES

  • G.R. No. 125692 October 24, 2000 - PEOPLE OF THE PHIL. v. GADFRE TIANSON

  • G.R. No. 132428 October 24, 2000 - GEORGE YAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136142 October 24, 2000 - PEOPLE OF THE PHIL. v. ALFONSO DATOR, ET AL.

  • G.R. No. 136456 October 24, 2000 - HEIRS OF RAMON DURANO, ET AL. v. ANGELES SEPULVEDA UY, ET AL.

  • G.R. No. 138938 October 24, 2000 - CELESTINO VIVERO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143325 October 24, 2000 - RAUL SANTOS v. JOSE P. MARIANO; ET AL.

  • A.M. Nos. MTJ-97-1132 & MTJ-97-1133 October 24, 2000 - MARIO CACAYOREN v. HILARION A. SULLER, ET AL.

  • A.M. No. P-00-1396 October 24, 2000 - ROBERTO R. IGNACIO v. RODOLFO PAYUMO

  • A.M. No. RTJ-00-1595 October 24, 2000 - LUZ CADAUAN, ET AL. v. ARTEMIO R. ALIVIA

  • A.M. Nos. RTJ-99-1484 (A) & RTJ 99-1484 October 24, 2000 - JOSELITO RALLOS, ET AL. v. IRENEO LEE GAKO JR.

  • G.R. No. 125542 October 25, 2000 - PEOPLE OF THE PHIL. v. ERLINDO TALO

  • G.R. No. 126135 October 25, 2000 - PEOPLE OF THE PHIL. v. ALBERTO OCFEMIA

  • G.R. No. 128114 October 25, 2000 - PEOPLE OF THE PHIL. v. ROGER P. CANDO, ET AL.

  • G.R. No. 134768 October 25, 2000 - PEOPLE OF THE PHIL. v. MARIANO SARMIENTO

  • G.R. No. 143398 October 25, 2000 - RUPERTO A. AMBIL, JR v. COMELEC, ET AL.

  • G.R. No. 134581 October 26, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN N. DEL ROSARIO

  • A.M. No. MTJ-00-1330 October 27, 2000 - ELIZABETH ALEJANDRO, ET AL. v. SERGIO A. PLAN

  • G.R. No. 135551 October 27, 2000 - PEOPLE OF THE PHIL. v. AMPIE C. TARAYA, ET AL.

  • G.R. No. 118608 October 30, 2000 - PEOPLE OF THE PHIL. v. ULYSSES CAPINPIN

  • G.R. No. 126126 October 30, 2000 - PEOPLE OF THE PHIL. v. SALES SABADAO, ET AL.

  • G.R. No. 132783 October 30, 2000 - PEOPLE OF THE PHIL. v. CARLOS C. LAGUERTA

  • G.R. No. 132784 October 30, 2000 - PEOPLE OF THE PHIL. v. LEONILO VILLARBA, ET AL.

  • G.R. No. 136185 October 30, 2000 - EDUARDO P. LUCAS v. MAXIMO C. ROYO, ET AL.

  • G.R. No. 137557 October 30, 2000 - DEVELOPMENT BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138826 October 30, 2000 - PROGRESSIVE DEVELOPMENT CORPORATION, ET AL. v. NLRC, ET AL.