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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
 

   
August-2001 Jurisprudence                 

  • G.R. No. 126899 August 2, 2001 - PEOPLE OF THE PHIL. v. FELICITO T. BARBOSA

  • G.R. No. 128137 August 2, 2001 - PEOPLE OF THE PHIL. v. MARIO HAMTO

  • G.R. No. 131203 August 2, 2001 - PEOPLE OF THE PHIL. v. GUILLERMO CARIÑO

  • G.R. No. 137473 August 2, 2001 - ESTELITO V. REMOLONA v. CSC

  • G.R. Nos. 141702-03 August 2, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC, ET AL.

  • G.R. Nos. 128816 & 139979-80 August 8, 2001 - PEOPLE OF THE PHIL. v. ALFREDO P. CABILTO, ET AL.

  • G.R. No. 131817 August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

  • G.R. Nos. 133791-94 August 8, 2001 - PEOPLE OF THE PHIL. v. CORNELIO SUPNAD

  • G.R. No. 135065 August 8, 2001 - PEOPLE OF THE PHIL. v. BENNY CABANGCALA, ET AL.

  • Adm. Case No. 4982 August 9, 2001 - KATRINA JOAQUIN CARIÑO v. ARTURO DE LOS REYES

  • A.M. No. 01-2-47-RTC August 9, 2001 - RE: JUDGE GUILLERMO L. LOJA,

  • A.M. No. MTJ-01-1365 August 9, 2001 - CESINA EBALLA v. ESTRELLITA M. PAAS, ET AL.

  • Adm. Matter No. P-01-1495 August 9, 2001 - ESMERALDO D. VISITACION v. GREDAM P. EDIZA

  • A.M. No. RTJ-99-1506 August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

  • A.M. No. P-01-1489 August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

  • G.R. No. 110740 August 9, 2001 - NDC-GUTHRIE PLANTATIONS, ET AL. v. NLRC, ET AL.

  • G.R. No. 112485 August 9, 2001 - EMILIA MANZANO v. MIGUEL PEREZ SR., ET AL.

  • G.R. No. 129209 August 9, 2001 - PEOPLE OF THE PHIL. v. JESEMIEL MOSQUERRA, ET AL.

  • G.R. No. 134565 August 9, 2001 - PEOPLE OF THE PHIL v. LUDIVINO MIANA, ET AL.

  • G.R. Nos. 138472-73 August 9, 2001 - PEOPLE OF THE PHIL. v. NOEL PADILLA

  • G.R. No. 138964 August 9, 2001 - VICENTE RELLOSA, ET AL. v. GONZALO PELLOSIS, ET AL.

  • G.R. No. 139411 August 9, 2001 - PEOPLE OF THE PHIL. v. AGAPITO TORALBA

  • G.R. No. 139532 August 9, 2001 - REGAL FILMS v. GABRIEL CONCEPCION

  • G.R. No. 139665 August 9, 2001 - MA. VILMA S. LABAD v. UNIVERSITY OF SOUTHEASTERN PHIL., ET AL.

  • G.R. No. 140347 August 9, 2001 - PEOPLE OF THE PHIL. v. ROLANDO OLITA

  • G.R. No. 142546 August 9, 2001 - ANASTACIO FABELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 142838 August 9, 2001 - ABELARDO B. LICAROS v. ANTONIO P. GATMAITAN

  • G.R. No. 143881 August 9, 2001 - DANILO EVANGELISTA v. PEDRO SISTOZA, ET AL.

  • G.R. No. 143949 August 9, 2001 - ATCI OVERSEAS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144089 August 9, 2001 - CONCORDE HOTEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 126480 August 10, 2001 - MARIA TIN v. PEOPLE OF THE PHIL.

  • G.R. No. 129162 August 10, 2001 - PEOPLE OF THE PHIL. v. WILLY FIGURACION, ET AL.

  • G.R. No. 130998 August 10, 2001 - MARUBENI CORP. ET AL. v. FELIX LIRAG

  • G.R. Nos. 137934 & 137936 August 10, 2001 - BATANGAS LAGUNA TAYABAS BUS COMPANY, ET AL. v. BENJAMIN M. BITANGA. ET AL.

  • G.R. No. 143673 August 10, 2001 - CONRADO TUAZON, ET AL. v. ERNESTO GARILAO, ET AL.

  • G.R. No. 144708 August 10, 2001 - RAFAEL ALBANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 146724 August 10, 2001 - GIL TAROJA VILLOTA v. COMELEC, ET AL.

  • G.R. No. 136266 August 13, 2001 - EUTIQUIO A. PELIGRINO v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-01-1612 August 14, 2001 - MARCO FRANCISCO SEVILLEJA v. ANTONIO N. LAGGUI

  • A.M. No. P-00-1438 August 14, 2001 - JUNN F. FLORES v. ROGER S. CONANAN

  • G.R. No. 135482 August 14, 2001 - ORLANDO SALVADOR v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 136192 August 14, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO DESIERTO, ET AL.

  • G.R. No. 141617 August 14, 2001 - ADALIA B. FRANCISCO and MERRYLAND DEVELOPMENT CORPORATION v. RITA C. MEJIA

  • G.R. No. 142276 August 14, 2001 - FLORENTINO GO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142662 August 14, 2001 - PEOPLE OF THE PHIL. v. JERRY FERRER

  • A.C. No. 5486 August 15, 2001 - IN RE: ATTY. DAVID BRIONES.

  • A.M. RTJ No. 89-403 August 15, 2001 - MOLINTO D. PAGAYAO v. FAUSTO H. IMBING

  • A.M. No. 96-9-332-RTC August 15, 2001 - DIRECTOR, PNP NARCOTICS COMMAND v. JAIME N. SALAZAR

  • A.M. No. P-99-1311 August 15, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ALBERTO V. GARONG

  • G.R. Nos. 113822-23 August 15, 2001 - PEOPLE OF THE PHIL. v. RAUL L. PABLO, ET AL.

  • G.R. No. 118492 August 15, 2001 - GREGORIO H. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120468 August 15, 2001 - PEOPLE OF THE PHIL. v. LOPE B. LIWANAG, ET AL.

  • G.R. No. 128177 August 15, 2001 - ROMAN SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129295 August 15, 2001 - PEOPLE OF THE PHIL. v. EDWIN MORIAL, ET AL.

  • G.R. No. 129598 August 15, 2001 - PNB MADECOR v. GERARDO C. UY

  • G.R. No. 130360 August 15, 2001 - WILSON ONG CHING KIAN CHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 136834 August 15, 2001 - FELIX SENDON, ET AL. v. FRATERNIDAD O. RUIZ, ET AL.

  • G.R. No. 137271 August 15, 2001 - PEOPLE OF THE PHIL v. REYNALDO CORRE JR., ET AL.

  • G.R. No. 137509 August 15, 2001 - PEVET ADALID FELIZARDO, ET AL v. SIEGFREDO FERNANDEZ

  • G.R. Nos. 137969-71 August 15, 2001 - PEOPLE OF THE PHIL v. RAFAEL SALALIMA

  • G.R. No. 139337 August 15, 2001 - MA. CARMINIA C. ROXAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 139420 August 15, 2001 - ROBERTO R. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140900 & 140911 August 15, 2001 - PEOPLE OF THE PHIL. v. RODERICK LICAYAN, ET AL.

  • G.R. No. 143340 August 15, 2001 - LILIBETH SUNGA-CHAN, ET AL v. LAMBERTO T. CHUA

  • G.R. No. 144813 August 15, 2001 - GOLD LINE TRANSIT v. LUISA RAMOS

  • G.R. No. 147270 August 15, 2001 - IN RE: PETE C. LAGRAN

  • A.M. No. RTJ-00-1565 August 16, 2001 - FEDERICO S. BERNARDO v. PATERNO G. TIAMSON

  • G.R. No. 119900 August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121897 August 16, 2001 - PEOPLE OF THE PHIL. v. GIL TEMPLA, ET AL.

  • G.R. No. 126200 August 16, 2001 - DEV’T. BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126926 August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127543 August 16, 2001 - INTERNATIONAL PIPES, ET AL. v. F. F. CRUZ & CO.

  • G.R. No. 132155 August 16, 2001 - ARAS-ASAN TIMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 134292 August 16, 2001 - PEOPLE OF THE PHIL. v. FRANCO MORALES

  • G.R. No. 136365 August 16, 2001 - ENRIQUE R. CAMACHO, ET AL. v. PHIL. NAT’L. BANK, ET AL.

  • G.R. No. 136780 August 16, 2001 - JEANETTE D. MOLINO v. SECURITY DINERS INTERNATIONAL CORP.

  • A.M. No. RTJ-00-1597 August 20, 2001 - WILSON ANDRES v. ORLANDO D. BELTRAN

  • A.M. No. RTJ-94-1131 August 20, 2001 - MIGUEL ARGEL v. HERMINIA M. PASCUA

  • G.R. No. 110055 August 20, 2001 - ASUNCION SAN JUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111685 August 20, 2001 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131866 August 20, 2001 - PEOPLE OF THE PHIL. v. CARLOS DOCTOLERO

  • G.R. No. 132174 August 20, 2001 - GUALBERTO CASTRO v. RICARDO GLORIA

  • G.R. No. 132684 August 20, 2001 - HERNANI N. FABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 134718 August 20, 2001 - ROMANA INGJUGTIRO v. LEON V. CASALS, ET AL.

  • G.R. No. 142401 August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 137299 August 21, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO NANAS

  • G.R. No. 138869 August 21, 2001 - DAVID SO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140519 August 21, 2001 - PHIL. RETIREMENT AUTHORITY v. THELMA RUPA

  • G.R. No. 130817 August 22, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138403 August 22, 2001 - PEOPLE OF THE PHIL. v. ROLLY C. ABULENCIA

  • G.R. Nos. 141712-13 August 22, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO M. BOHOL

  • G.R. No. 143867 August 22, 2001 - PLDT v. CITY OF DAVAO, ET AL.

  • G.R. No. 128628 August 23, 2001 - ILDEFONSO SAMALA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133749 August 23, 2001 - HERNANDO R. PEÑALOSA v. SEVERINO C. SANTOS

  • G.R. No. 133789 August 23, 2001 - PEOPLE OF THE PHIL. v. EDUARDO P. CHUA, ET AL.

  • G.R. No. 136506 August 23, 2001 - REPUBLIC OF THE PHIL. v. ANIANO A. DESIERTO, ET AL.

  • G.R. Nos. 137199-230 August 23, 2001 - PEOPLE OF THE PHIL. v. GEORGE J. ALAY-AY

  • G.R. No. 137842 August 23, 2001 - PEOPLE OF THE PHIL. v. DANILO H. CATUBIG

  • G.R. No. 138588 August 23, 2001 - FAR EAST BANK & TRUST COMPANY v. DIAZ REALTY INC.

  • G.R. No. 138022 August 23, 2001 - PEOPLE OF THE PHIL. v. PEDRO A. FRANCISCO

  • G.R. No. 144142 August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

  • G.R. Nos. 138298 & 138982 August 24, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 131609 August 27, 2001 - PEOPLE OF THE PHIL. v. BONIFACIO PUERTA

  • A.M. No. RTJ-00-1571 August 28, 2001 - JESUS GUILLAS v. RENATO D. MUÑEZ

  • A.M. No. RTJ-01-1645 August 28, 2001 - VICTORINO S. SIANGHIO, JR. v. BIENVENIDO L. REYES

  • A.M. No. RTJ-01-1626 August 28, 2001 - JOSELITO D. FRANI v. ERNESTO P. PAGAYATAN

  • G.R. Nos. 100633 & 101550 August 28, 2001 - SOCORRO ABELLA SORIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114118 August 28, 2001 - SIMEON BORLADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 125728 August 28, 2001 - MARIA ALVAREZ VDA. DE DELGADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 129960 August 28, 2001 - PEOPLE OF THE PHIL. v. PEDRO CARIÑO

  • G.R. No. 131175 August 28, 2001 - JOVITO VALENZUELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 133056 August 28, 2001 - FACUNDO T. BAUTISTA v. PUYAT VINYL PRODUCTS

  • G.R. No. 140812 August 28, 2001 - CANDIDO ALFARO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143256 August 28, 2001 - RODOLFO FERNANDEZ, ET AL. v. ROMEO FERNANDEZ, ET AL.

  • G.R. No. 144653 August 28, 2001 - BANK OF THE PHIL. ISLANDS v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-00-1415-MeTC August 30, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. TERESITA Q. ORBIGO-MARCELO

  • G.R. No. 111709 August 30, 2001 - PEOPLE OF THE PHIL. v. ROGER P. TULIN, ET AL.

  • G.R. No. 119811 August 30, 2001 - SOCORRO S. TORRES, ET AL. v. DEODORO J. SISON, ET AL.

  • G.R. No. 123980 August 30, 2001 - PEOPLE OF THE PHIL. v. MANUEL CALIMLIM

  • G.R. No. 127905 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO REMUDO

  • G.R. No. 129093 August 30, 2001 - JOSE D. LINA, ET AL. v. FRANCISCO DIZON PAÑO, ET AL.

  • G.R. No. 133113 August 30, 2001 - EDGAR H. ARREZA v. MONTANO M. DIAZ

  • G.R. No. 136280 August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. 139083 August 30, 2001 - FLORENCIA PARIS v. DIONISIO A. ALFECHE

  • G.R. No. 140229 August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

  • G.R. No. 140995 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

  • G.R. No. 141128 August 30, 2001 - PEOPLE OF THE PHIL. v. ORPIANO DELOS SANTOS

  • G.R. No. 141283 August 30, 2001 - SEGOVIA DEVELOPMENT CORP. v. J.L. DUMATOL REALTY

  • G.R. No. 144442 August 30, 2001 - JESUS SALVATIERRA v. THE PEOPLE OF THE PHILIPPINES

  • A. M. No. 00-7-299-RTC August 31, 2001 - REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45

  • A.M. No. 00-8-03-SB August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

  • A.M. No. P-99-1316 August 31, 2001 - KENNETH S. NEELAND v. ILDEFONSO M. VILLANUEVA

  • G.R. Nos. 132548-49 August 31, 2001 - PEOPLE OF THE PHILIPPINES v. ALEJO MIASCO

  • G.R. No. 141211 August 31, 2001 - CITY WARDEN OF THE MANILA CITY JAIL v. RAYMOND S. ESTRELLA, ET AL.

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    G.R. No. 131817   August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 131817. August 8, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DANTE DOMINGO y LIMPOT, Accused-Appellant.

    D E C I S I O N


    YNARES-SANTIAGO, J.:


    Accused-appellant Dante Domingo y Limpot, together with accused Leonardo Guerrero y Castro and Nanette Ricarse y Saveron, were charged with murder in an information 1 which reads, thus:chanrob1es virtual 1aw library

    That on or about October 12, 1994, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, the above-mentioned accused, conspiring and confederating together, armed with a gun, with treachery and with intent to kill, willfully, unlawfully and feloniously attacked, assaulted and shot with said gun one PO3 Pedro Delgado, thereby inflicting fatal injuries upon the latter which caused his death.chanrob1es virtua1 1aw 1ibrary

    CONTRARY TO LAW.

    In the evening of October 12, 1994, Michael Abad, a bodyguard and driver of a certain Manuel Orig, was standing in front of the Davao Investment Promotion Center along Quimpo Boulevard. He was waiting for Mr. Orig who was then having a meeting at said Center. At around 9:30 p.m., he saw PO3 Pedro Delgado, Accused-appellant Dante Domingo, Leonardo Guererro and Nanette Ricarse walking alongside each other across the boulevard. PO3 Delgado was nearest the cemented road pavement and on his right was Domingo, Guerrero and Ricarse. He noticed Guerrero step back and allow Ricarse to approach Accused-Appellant. From Abad’s perspective, it appeared that Ricarse handed something to accused-appellant and immediately the latter shot Delgado at the back of his head.cralaw : red

    Another witness, Rosauro Sauza, testified that he heard several gunshots and as he tried to look into the general direction of where he heard the gunshots, he saw accused-appellant, who was wearing a jacket, approaching and at the same time allegedly tucking something in his left waistline.

    Dr. Danilo Ledesma of the Davao City Health Office made an autopsy on the body of the victim and later issued a Post-mortem Examination Report, 2 indicating "Gunshot Wound of the Head" as the cause of death.

    For his part, Accused-appellant interposed self-defense. He claimed that on the evening of October 12, 1994, he and the victim were walking along Quimpo Boulevard going south. They had just come from a drinking session at the Ecoland Bus Terminal when the victim taunted accused-appellant that he is not the father of the unborn child being carried by his wife. At first, Accused-appellant ignored the victim’s taunting but when the latter pestered him and even laughed at him, he told the victim to stop. Resenting his admonition for him to stop, the victim pushed him and pulled out a knife. As the victim was about to stab him, he stepped back and shot the victim.

    Guerrero and Ricarse simply raised lack of conspiracy between them and accused-appellant and did not controvert the latter’s narration of the incident.

    While the trial court acquitted Guerrero and Ricarse of the charges based on insufficiency of evidence, it convicted accused-appellant Dante Domingo of the crime charged and held thus:chanrob1es virtual 1aw library

    For the foregoing considerations, this Court finds DANTE DOMINGO, "GUILTY", of Murder aggravated by the qualifying circumstance of treachery and considering that the commission of the crime was not attended by any other aggravating circumstance is hereby sentenced to suffer the penalty of imprisonment of RECLUSION PERPETUA and ordered to indemnify the family of the victim the sum of P50,000.00 for the death of the victim and to pay actual damages in the sum of P57,245.00.

    Considering the insufficiency of evidence of conspiracy, the Information against LEONARDO GUERRERO and NANETTE RICARSE is hereby DISMISSED.chanrob1es virtua1 1aw 1ibrary

    Accordingly, the City Warden, Ma-a City Jail, Davao City, is hereby directed to release accused Leonardo Guerrero and Nanette Ricarse from his custody in so far as this case is concerned. 3

    Aggrieved by the decision, Accused-appellant Dante Domingo interposed the instant appeal on the following assignment of errors:chanrob1es virtual 1aw library

    I. The court a quo erred in not considering Dante Domingo’s plea of self-defense;

    II. The court a quo erred in finding that the qualifying circumstance of treachery attended the commission of the crime charged; and

    III. The court a quo erred, in not considering the mitigating circumstances of intoxication, passion and obfuscation in favor of the Accused-Appellant.

    The trial court correctly disregarded accused-appellant’s claim of self-defense. To prove self-defense, the accused must show with clear and convincing evidence, that: [1] he is not the unlawful aggressor; [2] there was lack of sufficient provocation on his part, and [3] he employed reasonable means to prevent or repel the aggression. Self-defense, like alibi, is a defense which can easily be concocted. It is well-settled in this jurisdiction that once an accused had admitted that he inflicted the fatal injuries on the deceased, it was incumbent upon him, in order to avoid criminal liability, to prove the justifying circumstance claimed by him with clear, satisfactory and convincing evidence. He cannot rely on the weakness of his own evidence, "for even if the evidence of the prosecution were weak it could not be disbelieved after the accused himself had admitted the killing." 4

    Granting that the first two elements are present, Accused-appellant miserably failed to prove that he employed reasonable means to prevent or repel the alleged aggression. The victim was supposedly armed with a knife while accused-appellant was armed with a gun. In addition, a more telling disparity was exposed in the necropsy report. The victim suffered four gunshot wounds, three of which were head wounds. One bullet shattered the victim’s nose. The second pierced the back of his head. The third hit the victim’s right mandible, about 1.5 cm. away from the hole of the victim’s right ear: The fourth wound was no less superficial as the bullet pierced the victim’s right shoulder. In contrast, the accused-appellant did not suffer a single scratch. The physical evidence, therefore, negated his claim of self-defense since he suffered no harm or injury. 5 The location, number and seriousness of the wounds inflicted on the victim indeed belied accused-appellant’s claim of self-defense. 6

    Treachery attended the commission of the crime. To constitute treachery, two conditions must concur: [1] the employment of means methods or manner of execution that would ensure the offender’s safety from any defense or retaliatory act on the part of the offended party; and [2] the offender’s deliberate or conscious choice of the means, method or manner of execution. 7 From the vantage point of Michael Abad, the prosecution’s eyewitness, Accused-appellant and his victim were conversing with each other while walking side by side when suddenly, Accused-appellant pulled out his gun and fired at the victim four times. The attack was sudden and the wounds were fatal thereby effectively preventing the victim from mounting even a token defense. The necropsy report indicated that accused-appellant was at the 4 o’clock or 5 o’clock position in relation to his victim. Three of the four shots were fired from behind. Clearly, the assault was treacherous.chanrob1es virtua1 1aw 1ibrary

    Accused-appellant next insists that the circumstances of intoxication, passion and obfuscation must be considered in his favor. We disagree.

    The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony. 8 In the instant case, Accused-appellant claimed that prior to the shooting he joined his victim in a drinking spree. Nonetheless, he failed to prove the approximate quantity of his intake as to sufficiently affect his mental faculties and consequently entitle him to a mitigation of his offense. Accused-appellant failed to prove he was in a state of intoxication at the time of the commission of the crime. On the contrary, the records showed no disturbance in the reasoning powers of Accused-Appellant. In fact, from his narration of the events that transpired prior to and after the shooting, he seemed to be fully aware and cognizant of everything that occurred.chanrob1es virtua1 1aw 1ibrary

    Also, passion and obfuscation cannot be considered in favor of accused-appellant because it cannot be said that he acted under an impulse so powerful as naturally to have produced passion and obfuscation. Interestingly, even after having been taunted with regard to the paternity of his child, Accused-appellant still had a grip of the situation. He even pleaded with the victim to stop taunting him as they were both drunk. Plainly, passion and obfuscation did not provoke accused-appellant into killing Delgado. A person invoking irresistible force or uncontrollable fear must show that the force exerted was such that it reduced him to a mere instrument who acted not only without will but against his will. 9 Besides, passion cannot co-exist with treachery because in passion, the offender loses his control and reason, while in treachery the means employed are consciously adopted and one who loses his reason and self-control could not deliberately employ a particular means, method or form of attack in the execution of the crime. 10

    The trial court awarded actual damages in the amount of P57,245.00. However, only the amount of P10,000.00 for embalming services was duly receipted. It is axiomatic that a party seeking the award of actual damages must produce competent proof or the best evidence obtainable to justify such award. Only substantiated and proven expenses, or those that appear to have been genuinely incurred in connection with the death, wake or burial of the victim will be recognized by the court. It will not rely merely on suppositions or conjectures. 11 Thus, the amount of actual damages is reduced to P10,000.00.chanrob1es virtua1 1aw 1ibrary

    On the other hand, the heirs of the victim are entitled to receive moral damages in the amount of P50,000.00. This award is mandatory and does not require proof other than the death of the victim. 12

    WHEREFORE, in view of the foregoing, the decision of the Regional Trial Court, Branch 8 of Davao City finding Dante Domingo y Limpot guilty beyond reasonable doubt of murder is AFFIRMED with the MODIFICATION that moral damages in the amount of P50,000.00 is awarded while the award for actual damages is reduced from P57,245.00 to P10,000.00.

    Costs de oficio.

    SO ORDERED.

    Davide, Jr., C.J., Puno, Kapunan and Pardo, JJ., concur.

    Endnotes:



    1. Records, p. 1.

    2. Id., p. 11.

    3. Decision penned by Judge Salvador M. Ibarreta, Jr., Records, p. 231.

    4. People v. Belbes, G.R. No. 124670, June 21, 2000.

    5. People v. Binondo, 214 SCRA 764 [1992].

    6. People v. Batas, 176 SCRA 46 [1989].

    7. People v. Rendaje, G.R. No. 136745, November 15, 2000.

    8. Revised Penal Code, Art. 15, 3rd par.

    9. People v. Lising, 285 SCRA 595 [1998].

    10. People v. Germina, 290 SCRA 146 [1998].

    11. People v. Rios, G.R. No. 132632, June 19, 2000.

    12. People v. Candare, Et Al., G.R. No. 129528, June 8, 2000.

    G.R. No. 131817   August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO


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