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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
 

   
September-2000 Jurisprudence                 

  • G.R. No. 117690 September 1, 2000 - PEOPLE OF THE PHIL. v. ALBERTO DANO

  • G.R. No. 128567 September 1, 2000 - HUERTA ALBA RESORT INC. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-00-1582 September 4, 2000 - COB C. DE LA CRUZ v. RODOLFO M. SERRANO

  • G.R. No. 134763 September 4, 2000 - PEOPLE OF THE PHIL. v. WILFREDO RIGLOS, ET AL.

  • G.R. No. 137785 September 4, 2000 - NAPOCOR v. VINE DEVELOPMENT CORPORATION, ET AL.

  • G.R. No. 139282 September 4, 2000 - ROMEO DIEGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 90828 September 5, 2000 - MELVIN COLINARES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124077 September 5, 2000 - PEOPLE OF THE PHIL. v. ADORACION SEVILLA ET AL.

  • G.R. No. 129239 September 5, 2000 - PEOPLE OF THE PHIL. v. PAUL LAPIZ

  • G.R. Nos. 131848-50 September 5, 2000 - PEOPLE OF THE PHIL. v. RODOLFO VILLARAZA

  • G.R. No. 139853 September 5, 2000 - FERDINAND THOMAS M. SOLLER v. COMELEC, ET AL.

  • A.M. No. MTJ-00-1307 September 6, 2000 - MANUEL BUNYI, ET AL. v. FELIX A. CARAOS

  • A.M. No. MTJ-00-1309 September 6, 2000 - FREDESMINDA DAYAWON v. MAXIMINO A. BADILLA

  • A.M. No. O.C.A.-00-01 September 6, 2000 - JULIETA B. NAVARRO v. RONALDO O. NAVARRO, ET AL.

  • G.R. No. 129220 September 6, 2000 - PEOPLE OF THE PHIL. v. BERNIE JAMON FAUSTINO

  • G.R. No. 131506 September 6, 2000 - PEOPLE OF THE PHIL. v. RODEL DIZON

  • G.R. No. 133625 September 6, 2000 - REMEDIOS F. EDRIAL ET AL. v. PEDRO QUILAT-QUILAT, ET AL.

  • A.M. No. MTJ-00-1314 September 7, 2000 - CLODUALDO C. DE JESUS v. RODOLFO D. OBNAMIA JR.

  • G.R. No. 121802 September 7, 2000 - GIL MACALINO, JR. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 126036 September 7, 2000 - PEOPLE OF THE PHIL. v. PASCUAL BALINAD, ET AL.

  • G.R. No. 128158 September 7, 2000 - PEOPLE OF THE PHIL. v. ARMANDO JUAREZ, ET AL.

  • G.R. No. 137431 September 7, 2000 - EDGARDO SANTOS v. LAND BANK OF THE PHIL.

  • G.R. No. 143385 September 7, 2000 - LEARNING CHILD, ET AL. v. ANNIE LAZARO, ET AL.

  • A.M. Nos. P-93-990 & A.M. No. P-94-1042 September 8, 2000 - TERESITO D. FRANCISCO v. FERNANDO CRUZ

  • G.R. No. 125167 September 8, 2000 - PRODUCERS BANK OF THE PHIL, ET AL. v. BANK OF THE PHIL. ISLANDS, ET AL.

  • G.R. No. 137714 September 8, 2000 - PEOPLE OF THE PHILS.. v. ROBERTO BANIGUID

  • A. M. No. P-99-1309 September 11, 2000 - FRANCISCO B. IBAY v. VIRGINIA G. LIM

  • G.R. No. 137857 September 11, 2000 - REPUBLIC OF THE PHIL. v. SANCHO MAGDATO

  • G.R. No. 115054-66 September 12, 2000 - PEOPLE-OF THE PHILIPPINES v. VICENTE MENIL

  • G.R. No. 138201 September 12, 2000 - FRANCISCO BAYOCA, ET AL. v. GAUDIOSO NOGALES, ET AL.

  • G.R. No. 123111 September 13, 2000 - PEOPLE OF THE PHIL. v. JIMMY DAGAMI

  • G.R. No. 127444 September 13, 2000 - PEOPLE OF THE PHIL. v. TIRSO D. C. VELASCO, ET AL.

  • G.R. No. 126402 September 13, 2000 - PEOPLE OF THE PHIL. v. LITO ROSALES

  • G.R. No. 126781 September 13, 2000 - PEOPLE OF THE PHIL. v. CALIXTO ZINAMPAN, ET AL.

  • G.R. No. 133918 September 13, 2000 - PEOPLE OF THE PHIL. v. TIBOY ALBACIN

  • G.R. No. 133981 September 13, 2000 - PEOPLE OF THE PHIL. v. HILARION BERGONIO, JR.

  • A.M. No. 00-1281-MTJ. September 14, 2000 - OFFICE OF THE COURT ADMINISTRATOR v. SALVADOR B. MENDOZA

  • G.R. Nos. 104637-38 & 109797 September 14, 2000 - SAN MIGUEL CORPORATION, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126368 September 14, 2000 - PEOPLE OF THE PHIL. v. JOHNNY CALABROSO, ET AL.

  • G.R. No. 129208 September 14, 2000 - PEOPLE OF THE PHIL. v. EDGARDO ALORO

  • G.R. No. 131680 September 14, 2000 - SUBIC BAY METROPOLITAN AUTHORITY, ET AL. v. UNIVERSAL INTERNATIONAL GROUP OF TAIWAN, ET AL.

  • G.R. No. 140269-70 September 14, 2000 - PHIL. CARPET EMPLOYEES ASSOCIATION ET AL. v. PHIL. CARPET MANUFACTURING CORP.

  • G.R. Nos. 143351 & 144129 September 14, 2000 - MA. AMELITA C. VILLAROSA v. HRET, ET AL.

  • G.R. No. 109269 September 15, 2000 - BAYER PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134266 September 15, 2000 - PEOPLE OF THE PHIL. v. MELENCIO BALI-BALITA

  • G.R. Nos. 135288-93 September 15, 2000 - PEOPLE OF THE PHIL. v. JESUS GIANAN

  • G.R. No. 130038 September 18, 2000 - ROSA LIM v. PEOPLE OF THE PHIL.

  • G.R. No. 132603 September 18, 2000 - ELPIDIO M. SALVA, ET AL. v. ROBERTO L. MAKALINTAL, ET AL.

  • G.R. No. 134651 September 18, 2000 - VIRGILIO JIMENEZ, ET AL. v. PATRICIA, INC.

  • G.R. No. 134730 September 18, 2000 - FELIPE GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133373-77 September 18, 2000 - PEOPLE OF THE PHIL. v. FAUSTINO CAMPOS

  • G.R. NO. 140268 September 18, 2000 - PEOPLE OF THE PHIL. v. JOSE LLANES, ET AL.

  • G.R. No. 141471 September 18, 2000 - COLEGIO DE SAN JUAN DE LETRAN v. ASSOC. OF EMPLOYEES AND FACULTY OF LETRAN, ET AL.

  • G.R. No. 141787 September 18, 2000 - MANUEL H. AFIADO, ET AL. v. COMELEC

  • G.R. No. 142038 September 18, 2000 - ROLANDO E. COLUMBRES v. COMELEC, ET AL.

  • G.R. Nos. 136149-51 September 19, 2000 - PEOPLE OF THE PHIL. v. WALPAN LADJAALAM

  • G.R. No. 137659 September 19, 2000 - PEOPLE OF THE PHIL. v. AMADEO TRELLES

  • G.R. No. 114348 September 20, 2000 - NATIONAL IRRIGATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 131927 September 20, 2000 - PEOPLE OF THE PHIL. v. DAVID BANAWOR, ET AL.

  • G.R. No. 135516 September 20, 2000 - PEOPLE OF THE PHILS. v. NEIL DUMAGUING

  • G.R. No. 132547 September 20, 2000 - PEOPLE OF THE PHIL. v. ERNESTO ULEP

  • G.R. No. 117417 September 21, 2000 - MILAGROS A. CORTES v. COURT OF APPEALS, ET AL.

  • G.R. No. 120747 September 21, 2000 - VICENTE GOMEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 128990 September 21, 2000 - INVESTORS FINANCE CORP. v. AUTOWORLD SALES CORP.

  • G.R. No. 136396 September 21, 2000 - PEOPLE OF THE PHIL. v. ROLANDO ZASPA, ET AL.

  • G.R. No. 136453 September 21, 2000 - PETRITA Y. BONILLA v. COURT OF APPEALS, , ET AL.

  • G.R. No. 137571 September 21, 2000 - TUNG CHIN HUI v. RUFUS B. RODRIGUEZ, ET AL.

  • A.M. No. P-00-1424 & MTJ-00-1316 September 25, 2000 - REYNALDO B. BELLOSILLO v. DANTE DE LA CRUZ RIVERA

  • G.R. No. 129055 September 25, 2000 - PEOPLE OF THE PHIL. v. EDGAR BACALSO

  • G.R. No. 129296 September 25, 2000 - PEOPLE OF THE PHlL. v. ABE VALDEZ

  • G.R. No. 132078 September 25, 2000 - PEOPLE OF THE PHIL. v. ARTEMIO BERZUELA

  • G.R. No. 133465 September 25, 2000 - AMELITA DOLFO v. REGISTER OF DEEDS FOR THE PROVINCE OF CAVITE, ET AL.

  • A.M. No. RTJ-93-986 September 26, 2000 - EDUARDO C. DE VERA v. WILLIAM LAYAGUE

  • G.R. No. 122110 September 26, 2000 - PEOPLE OF THE PHIL. v. FERIGEL OLIVA

  • G.R. No. 135630 September 26, 2000 - INTRAMUROS TENNIS CLUB v. PHIL. TOURISM AUTHORITY (PTA)

  • G.R. Nos. 136012-16 September 26, 2000 - PEOPLE OF THE PHIL. v. ULDARICO HONRA, JR.

  • G.R. No. 138887 September 26, 2000 - PEOPLE OF THE PHIL. v. JURRIE DUBRIA

  • G.R. No. 142392 September 26, 2000 - DOMINGA A. SALMONE v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • A.M. No. MTJ-00-1319 September 27, 2000 - ROLANDO A. SULLA v. RODOLFO C. RAMOS

  • A.M. No. RTJ-99-1447 September 27, 2000 - LEONARDO DARACAN, ET AL. v. ELI G.C. NATIVIDAD

  • G.R. No. 109760 September 27, 2000 - PEOPLE OF THE PHILS. v. PABLO F. EMOY, ET AL.

  • G.R. No. 122498 September 27, 2000 - PEOPLE OF THE PHILS. v. ELMEDIO CAJARA

  • G.R. No. 133946 September 27, 2000 - PEOPLE OF THE PHIL. v. OSCAR NOGAR

  • G.R. Nos. 97138-39 September 28, 2000 - PEOPLE OF THE PHIL. v. EFREN TEMANEL, ET AL.

  • G.R. No. 132311 September 28, 2000 - PEOPLE OF THE PHIL. v. MINA LIBRERO

  • G.R. No. 132725 September 28, 2000 - PEOPLE OF THE PHIL. v. ARMANDO QUILATAN

  • G.R. No. 136843 September 28, 2000 - PEOPLE OF THE PHIL. v. PEDRO ABUNGAN, ET AL.

  • G.R. No. 138054 September 28, 2000 - ROSENDO C. CARTICIANO, ET AL. v. MARIO NUVAL

  • G.R. No. 138503 September 28, 2000 - ROBERTO FERNANDEZ v. PEOPLE OF THE PHIL., ET AL.

  • A.M. No. 00-3-01-CTA September 29, 2000 - RE: JUDGE ERNESTO D. ACOSTA

  • A.M. No. RTJ-00-1589 September 29, 2000 - JEANET N. MANIO v. JOSE ENER S. FERNANDO

  • G.R. No. 106401 September 29, 2000 - FLORENTINO ZARAGOZA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123299 September 29, 2000 - PEOPLE OF THE PHIL. v. SANTIAGO CARUGAL, ET AL.

  • G.R. Nos. 124671-75 September 29, 2000 - PEOPLE OF THE PHIL. v. LINDA SAGAYDO

  • G.R. No. 126048 September 29, 2000 - PEOPLE OF THE PHIL v. RODEL SAMONTE

  • G.R. No. 126254 September 29, 2000 - PEOPLE OF THE PHIL. v. RONALDO PONCE

  • G.R. No. 129507 September 29, 2000 - CHAN SUI BI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130785 September 29, 2000 - PEOPLE OF THE PHILS. v. RONALD VITAL

  • G.R. No. 131492 September 29, 2000 - ROGER POSADAS, ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 131813 September 29, 2000 - PEOPLE OF THE PHIL. v. MARIO ABENDAN

  • G.R. No. 133443 September 29, 2000 - PEOPLE OF THE PHIL. v. DOMINADOR DE LA ROSA, ET AL.

  • G.R. No. 134100 September 29, 2000 - PURITA ALIPIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 135382 September 29, 2000 - PEOPLE OF THE PHIL. v. LOURDES GAMBOA

  • G.R. No. 135457 September 29, 2000 - PEOPLE OF THE PHIL. v. JOSE PATRIARCA, ET AL.

  • G.R. No. 135548 September 29, 2000 - FAR EAST BANK AND TRUST COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 135981 September 29, 2000 - PEOPLE OF THE PHIL. v. MARIVIC GENOSA

  • G.R. Nos. 137379-81 September 29, 2000 - PEOPLE OF THE PHILS. v. ARTURO GARCIA

  • G.R. No. 139910 September 29, 2000 - PHILIPPINE COCONUT AUTHORITY v. CORONA INTERNATIONAL

  • G.R. No. 141060 September 29, 2000 - PILIPINAS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 141959 September 29, 2000 - JUANITA NARZOLES, ET AL. v. NLRC, ET AL.

  •  





     
     

    G.R. No. 135457   September 29, 2000 - PEOPLE OF THE PHIL. v. JOSE PATRIARCA, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 135457. September 29, 2000.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE PATRIARCA, JR., alias "KA DJANGO," CARLOS NARRA, alias "KA JESSIE" and TEN (10) JOHN DOES, Accused-Appellant.

    D E C I S I O N


    BUENA, J.:


    Accused-appellant Jose Patriarca, Jr., with the aliases of "Ka Django," "Carlos Narra" and "Ka Jessie," appeals the decision of the Regional Trial Court at Sorsogon, Sorsogon, Branch 52, in Criminal Case No. 2773 entitled "People of the Philippines versus Jose Patriarca, Jr. alias ‘Ka Django,’ ‘Carlos Narra,’ ‘Ka Jessie,’ and 21 John Does" convicting him of murder and sentencing him to reclusion perpetua.

    On August 16, 1990, an information for murder was filed against Jose Patriarca, Jr., alias "Ka Django," "Carlos Narra", "Ka Jessie," Et. Al., charging them of murder committed as follows:jgc:chanrobles.com.ph

    "That on or about the 30th day of June, 1987 at about 10:00 o’clock in the evening in the Municipality of Donsol, Province of Sorsogon, Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring, confederating and mutually helping one another, armed with guns, forcibly took away ALFREDO AREVALO from his residence and brought him to Sitio Abre, Mabini, Donsol, Sorsogon, and did then and there willfully, unlawfully and feloniously with intent to kill, with treachery and evident premeditation, attack, assault and shoot ALFREDO AREVALO thereby inflicting upon him mortal wounds, which directly caused his death to the damage and prejudice of his legal heirs.

    "CONTRARY TO LAW."cralaw virtua1aw library

    Accused-appellant Jose Patriarca, Jr. was also charged with Murder for the killing of one Rudy de Borja and a certain Elmer Cadag under Informations docketed as Criminal Cases Nos. 2665 and 2672, respectively.

    Upon arraignment on November 25, 1993, Accused appellant, assisted by his counsel de parte, pleaded not guilty to the crimes charged. Joint trial of the three cases was conducted considering the substantial identity of the facts and circumstances of the case.

    Prosecution witness Nonito Malto testified that on June 30, 1987, the accused, with ten (10) armed companions, requested permission to rest in his house, which was granted. They had with them a person who was hogtied. Accused Patriarca asked .that the lights in Malto’s house be extinguished and Malto complied.

    Around 2:00 o’clock in the early morning of July 1, 1987, Malto was awakened by a gunshot. When he looked out, he saw Patriarca holding a gun and ordering the person who was hogtied to lie down. After several minutes, Malto heard two gunshots. He then heard the accused direct his companions to carry away the dead man.

    Nonito Malto, later on, learned that the dead man was Alfredo Arevalo when Patriarca went back to his place, together with the military, on March 29, 1990.

    The skeletal remains of Alfredo Arevalo were recovered in the property of a Rubuang Tolosa and were identified by Elisa Arevalo, the mother of the victim.

    The second witness for the prosecution was Elisa Arevalo. She knew Patriarca, alias "Ka Django", as he told her on March 10, 1987 not to let her son join the military. She, however, replied that they were only seeking employment. Her son Alfredo was her companion in attending to their farm and he was a member of the Civilian Home Defense Force (CHDF) in their locality.

    After she was informed by her tenant Alegria Moratelio Alcantara that her son was abducted by the New People’s Army (NPA) led by Patriarca, she reported the matter to the military and looked for him. She was informed by the residents of the place where the NPA passed, that they saw her son hogtied, that her son even asked for drinking water, and complained that he was being maltreated by the NPA. After three days of searching, a certain Walter Ricafort, an NPA member and a relative of hers, notified her that her son Alfredo was killed by Jose Patriarca, Jr.

    In the municipal building, Nonito Malto likewise informed her of her son’s death in the hands of Ka Django. Consequently, a Death Certificate was issued by the Local Civil Registrar.

    When the skeletal remains of a man were recovered, she was able to identify them as belonging to her son by reason of the briefs found in the burial site. Her son, Alfredo Arevalo, used to print his name on the waistband of his briefs so that it would not get lost:chanrob1es virtual 1aw library

    The defense presented accused Jose Patriarca, Jr. and Francisco Derla who admitted that accused is a member of the NPA operating in Donsol, Sorsogon, but denied ever abducting the victims in the three criminal cases filed against him.

    On January 20, 1998, a decision was rendered convicting the accused and imposing the following penalty:jgc:chanrobles.com.ph

    "WHEREFORE, premises considered, , the Court finds accused Jose Patriarca, Jr. alias Ka Django, alias Carlos Narra guilty beyond reasonable doubt of the crime of Murder for the death of Alfredo Arevalo and hereby sentences him to suffer an imprisonment of reclusion perpetua with all the accessory provided by law and to pay the amount of P50,000.00 as civil indemnity to the heirs of the victim Alfredo Arevalo, without subsidiary imprisonment in case of insolvency and as regards Crim. Case No. 2665 and Crim. Case No. 2672, for failure of the prosecution to prove the guilt of the accused beyond reasonable doubt, said Jose Patriarca alias Carlos Narra, Ka Django, is hereby acquitted.

    "In the service of his sentence, the accused shall be given full credit of his period of detention.

    "With cost de oficio.

    "SO ORDERED." 1

    Hence, this appeal where accused-appellant assigns the following lone error allegedly committed by the trial court:chanrob1es virtual 1aw library

    THE TRIAL COURT ERRED IN FINDING ACCUSED APPELLANT GUILTY OF THE CRIME OF MURDER, AN OFFENSE COMMITTED IN PURSUANCE OR IN FURTHERANCE OF REBELLION.

    Accused-appellant applied for amnesty under Proclamation No. 724 amending Proclamation No. 347, dated March 25, 1994, entitled "Granting Amnesty to Rebels, Insurgents, and All Other Persons Who Have or May Have Committed Crimes Against Public Order, Other Crimes Committed in Furtherance of Political Ends, and Violations of the Article of War, and Creating a National Amnesty Commission." His application was favorably granted by the National Amnesty Board. Attached to appellant’s brief is the Notice of Resolution of the National Amnesty Commission (NAC) dated November 17, 1999 which states:jgc:chanrobles.com.ph

    "Quoted below is a resolution of the National Amnesty Commission dated 221 October 1998. 2

    "RESOLUTION NO. D-99-8683 refers to - Application No. 02125 of MR. JOSE NARRA PATRIARCA filed with the Local Amnesty Board of Legazpi City on 18 February 1997.

    ‘Applicant admitted joining the NPA in 1977. He served under the Sandatahang Yunit Pampropaganda and participated in the following armed activities:chanrob1es virtual 1aw library

    ‘a) Encounter with the Philippine Army forces at Barangay Hirawon, Donsol, Sorsogon on 14 February 1986;

    ‘b) Encounter with elements of the Philippine Constabulary at Barangay Godon, Donsol, Sorsogon on 15 February 1986;

    ‘c) Encounter with the Philippine Army forces at Barangay Banwang, Gurang, Donsol, Sorsogon in 1987;

    ‘d) Liquidation of ELMER CADAG an alleged military informer at Barangay Boroan, Donsol, Sorsogon, on 21 March 1987, in which a case of Murder in Criminal Case No. 2672 was filed against him before the Regional Trial Court, Branch 52, Sorsogon, Sorsogon;

    ‘e) Liquidation of a certain RUDY DEBORJA, a thief and nuisance of the community, at Donsol, Sorsogon, on 09 March 1984, in-which a case of Murder in Criminal Case No. 2665 was filed against him before the Regional Trial Court, Branch 52, Sorsogon, Sorsogon;

    ‘f) Liquidation of a certain ALEJANDRINO MILITANTE for his misconducts at San Antonio, Donsol, Sorsogon, on 12 February 1986, in which a case of Murder in Criminal Case No. 2664 was filed against him before the Regional Trial Court, Branch 52, Sorsogon, Sorsogon;

    ‘g) Liquidation of a certain ALFREDO AREVALO, a former member of the CHDF at Sitio Abe (sic), Mabini, Donsol, Sorsogon, on 30 June 1987, in which a case of Murder in Criminal Case No. 2773 was filed against him before the Regional Trial Court, Branch 52, Sorsogon, Sorsogon;

    ‘h) Liquidation of one DOMINGO DONQUILLO, a barangay captain, at Barangay Tinanogan, Donsol, Sorsogon, on 20 September 1986 in which a (sic) Criminal Case No. 2663 was filed against him.

    ‘After a careful verification and evaluation on (sic) the claims of the applicant, the Local Amnesty Board concluded that his activities were done in the pursuit of his political beliefs. It thus recommended on 20 May 1998 the grant of his application for amnesty.

    ‘The Commission, in its deliberation on the application on 22 October 1999, resolved to approve the recommendation of the Local Amnesty Board.

    ‘WHEREFORE, the application for amnesty of MR. JOSE NARRA PATRIARCA under Proclamation No. 724 is hereby GRANTED for rebellion constituted by the acts detailed above, provided they were committed on or before the date he was captured on 22 June 1988. Let a Certificate of Amnesty be issued in his favor as soon as this Resolution becomes final. It shall become final after the lapse of fifteen (15) calendar days from receipt of this Notice, unless a Motion for Reconsideration is filed with the Commission by any party within said period." 3

    On March 9, 2000, Hon. Alfredo F. Tadiar, Chairman of the National Amnesty Commission, wrote the following letter to the Provincial Prosecutor of Sorsogon, Sorsogon:jgc:chanrobles.com.ph

    "Notice of Amnesty Grant to Jose N. Patriarca"

    "Pursuant to NAC Action No. 95-358-C, we are transmitting herewith the attached copy of RESOLUTION NO. D-99-8683 granting amnesty to JOSE N. PATRIARCA. The grantee was accused of the following cases:jgc:chanrobles.com.ph

    "1. Murder in Criminal Case No. 2672 filed before the Regional Trial Court, Branch 52, Sorsogon, Sorsogon.

    "2. Murder in Criminal Case No. 2665 filed before the Regional Trial Court, Branch 52, Sorsogon, Sorsogon.

    "3. Murder in Criminal Case No. 2664 filed before the Regional Trial Court, Branch 52, Sorsogon, Sorsogon.

    "4. Murder in Criminal Case No. 2773 filed before the Regional Trial Court, Branch 52, Sorsogon, Sorsogon.

    "5. Murder in Criminal Case No. 2663 filed before the Regional Trial Court, Branch 52, Sorsogon, Sorsogon.

    "He is currently detained at the Provincial Jail, Sorsogon, Sorsogon.

    "The purpose of this transmittal is to provide you, as the chief prosecutor of the province, the opportunity to take whatever action you may deem appropriate from receipt of this note. This grant of amnesty shall become final after the lapse of fifteen (15) calendar days from receipt of this Notice, unless a Motion for Reconsideration is filed with the Commission by any party within said period.

    "Thank you for your continued support for the Peace Process." 4

    The Office of the Solicitor General, in its letter dated June 23, 2000 to the National Amnesty Commission, requested information as to whether or not a motion for reconsideration was filed by any party, and the action, if there was any, taken by the NAC. 5

    In his reply dated June 28, 2000, NAC Chairman Tadiar wrote, among other things, that there has been no motion for reconsideration filed by any party. 6

    Accused-appellant Jose N. Patriarca, Jr. was granted amnesty under Proclamation No. 724 dated May 17, 1996. It amended Proclamation No. 347 dated March 25, 1994.

    "Section 1 of Proclamation No. 724 reads thus:jgc:chanrobles.com.ph

    "Section 1. Grant of Amnesty. — Amnesty is hereby granted to all persons who shall apply therefor and who have or may have committed crimes, on or before June 1, 1995, in pursuit of their political beliefs, whether punishable under the Revised Penal Code or special laws, including but not limited to the following: rebellion or insurrection; coup d’etat; conspiracy and proposal to commit rebellion, insurrection, or coup d’etat; disloyalty of public officers or employees; inciting to rebellion or insurrection; sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal association; direct assault; indirect assault; resistance and disobedience to a person in authority or agents of such person; tumults and other disturbances of public order; unlawful use of means of publication and unlawful utterances; alarms and scandals; illegal possession of firearms, ammunitions, and explosives; committed in furtherance of, incident to, or in connection with the crimes of rebellion and insurrection; and violations of Articles 59 (desertion), 62 (absence without leave), 67 (mutiny or sedition), 68 (failure to suppress mutiny or sedition), 94 (various crimes), 96 (conduct unbecoming an officer and gentleman), and 97 (general-article) of the Articles of War; Provided, That the amnesty shall not cover crimes against chastity and other crimes for personal ends."cralaw virtua1aw library

    Amnesty commonly denotes a general pardon to rebels for their treason or other high political offenses, or the forgiveness which one sovereign grants to the subjects of another, who have offended, by some breach, the law of nations. 7 Amnesty looks backward, and abolishes and puts into oblivion, the offense itself; it so overlooks and obliterates the offense with which he is charged, that the person released by amnesty stands before the law precisely as though he had committed no offense. 8

    Paragraph 3 of Article 89 of the Revised Penal Code provides that criminal liability is totally extinguished by amnesty, which completely extinguishes the penalty and all its effects.

    In the case of People v. Casido, 9 the difference between pardon and amnesty is given:jgc:chanrobles.com.ph

    "Pardon is granted by the Chief Executive and as such it is a private act which must be pleaded and proved by the person pardoned, because the courts take no notice thereof; while amnesty by Proclamation of the Chief Executive with the concurrence of Congress, is a public act of which the courts should take judicial notice. Pardon is granted to one after conviction; while amnesty is granted to classes of persons or communities who may be guilty of political offenses, generally before or after the institution of the criminal prosecution and sometimes after conviction. Pardon looks forward and relieves the offender from the consequences of an offense of which he has been convicted, that is, it abolishes or forgives the punishment, and for that reason it does ‘not work the restoration of the rights to hold-public office, or the-right of suffrage unless such rights be expressly restored by the terms of the pardon,’ and it ‘in no case exempts the culprit from the payment of the civil indemnity imposed upon him by the sentence’ (Article 36, Revised Penal Code). While amnesty looks backward and abolishes and puts into oblivion the offense itself, it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense."cralaw virtua1aw library

    This Court takes judicial notice of the grant of amnesty upon accused-appellant Jose N. Patriarca, Jr. Once granted, it is binding and effective. It serves to put an end to the appeal. 10

    WHEREFORE, IN VIEW OF THE FOREGOING, the decision of the Regional Trial Court at Sorsogon, Sorsogon, Branch 52 in Criminal Case No. 2773 is REVERSED and SET ASIDE. Accused-appellant Jose N. Patriarca, Jr. is hereby ACQUITTED of the crime of murder.

    Pursuant to Resolution No. D-99-8683, 11 Criminal Case Nos. 2663 and 2664, which are both filed in the Regional Trial Court, Branch 53, Sorsogon, Sorsogon, 12 are ordered DISMISSED. The release of Jose N. Patriarca who is presently detained at the Provincial Jail of Sorsogon is likewise ORDERED unless he is being detained for some other legal cause.

    The Director of Prisons is- ordered to report within ten (10) days his compliance with this decision.

    SO ORDERED.

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

    Endnotes:



    1. Rollo, p. 56.

    2. Per Notice of Correction of the NAC dated March 1, 2000 the date reflected in the Notice of Resolution of November 17, 1999 was corrected to October 22, 1999.

    3. Rollo, pp. 58-59.

    4. Ibid., p. 63.

    5. Ibid., pp. 69-70.

    6. Ibid., p. 89.

    7. 202 SCRA 844,867 [1991].

    8. Barrioquinto, Et Al., v. Fernandez, Et Al., 82 Phil. 642 [1949].

    9. 269 SCRA 360 [1997].

    10. People v. Crisola, 128 SCRA 1 [1984].

    11. In the decision rendered by the trial court on January 20, 1998, Accused-appellant had already been acquitted in Criminal Case Nos. 2665 and 2672 for failure of the prosecution to prove accused’s guilt beyond reasonable doubt.

    12. See letter of Judge Honesto A. Villamor of the Regional Trial Court at Sorsogon, Sorsogon, Branch 52 dated May 31, 1999; Rollo, p. 28.

    G.R. No. 135457   September 29, 2000 - PEOPLE OF THE PHIL. v. JOSE PATRIARCA, ET AL.


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