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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
 

   
June-2001 Jurisprudence                 

  • A.M. No. P-00-1446 June 6, 2001 - PATERNO R. PLANTILLA v. RODRIGO G. BALIWAG

  • A.M. No. P-91-642 June 6, 2001 - SOLEDAD LAURO v. EFREN LAURO

  • G.R. No. 92328 June 6, 2001 - DAP MINING ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100579 June 6, 2001 - LEANDRO P. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113918 June 6, 2001 - MARCELINA G. TRINIDAD, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121272 June 6, 2001 - PEOPLE OF THE PHIL. v. REYDERICK LAGO

  • G.R. No. 122353 June 6, 2001 - EVANGELINE DANAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129534 & 141169 June 6, 2001 - PEOPLE OF THE PHIL. v. NESTOR MACANDOG, ET AL.

  • G.R. No. 138949 June 6, 2001 - UNION BANK OF THE PHIL. v. SEC

  • G.R. No. 138971 June 6, 2001 - PEZA v. RUMOLDO R FERNANDEZ

  • G.R. No. 139034 June 6, 2001 - DEVELOPMENT BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139323 June 6, 2001 - PEOPLE OF THE PHIL. v. CARLO ELLASOS, ET AL.

  • G.R. No. 140128 June 6, 2001 - ARNOLD P. MOLLANEDA v. LEONIDA C. UMACOB

  • G.R. No. 140277 June 6, 2001 - PEOPLE OF THE PHIL v. GUILLERMO BALDAGO, ET AL.

  • G.R. No. 141529 June 6, 2001 - FRANCISCO YAP, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142888 June 6, 2001 - EVELIO P. BARATA v. BENJAMIN ABALOS JR.

  • G.R. No. 143561 June 6, 2001 - JONATHAN D. CARIAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 110335 June 18, 2001 - IGNACIO GONZALES, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-01-1615 June 19, 2001 - WINNIE BAJET v. PEDRO M. AREOLA

  • A.M. No. RTJ-01-1633 June 19, 2001 - ANTONIO and ELSA FORTUNA v. MA. NIMFA PENACO-SITACA, ET AL.

  • G.R. No. 99433 June 19, 2001 - PROJECT BUILDERS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114944 June 19, 2001 - MANUEL C. ROXAS, ET AL. v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 120701 June 19, 2001 - PEOPLE OF THE PHIL. v. JONATHAN CRISANTO

  • G.R. No. 123916 June 19, 2001 - PEOPLE OF THE PHIL. v. LYNTON ASUNCION

  • G.R. No. 130605 June 19, 2001 - PEOPLE OF THE PHIL. v. FELIX UGANAP, ET AL.

  • G.R. No. 132160 June 19, 2001 - PEOPLE OF THE PHIL. v. MARIO DE LEON, ET AL.

  • G.R. No. 132223 June 19, 2001 - BONIFACIA P. VANCIL v. HELEN G. BELMES

  • G.R. No. 134895 June 19, 2001 - STA. LUCIA REALTY and DEV’T., ET AL. v. LETICIA CABRIGAS, ET AL.

  • G.R. No. 137164 June 19, 2001 - PEOPLE OF THE PHIL. v. ALBERT NUBLA

  • G.R. No. 137752 June 19, 2001 - PEOPLE OF THE PHIL. v. ROBERT AYUNGON

  • G.R. Nos. 138298 & 138982 June 19, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 139313 June 19, 2001 - PEOPLE OF THE PHIL. v. FLORANTE LEAL

  • G.R. No. 140690 June 19, 2001 - PEOPLE OF THE PHIL. v. NAZAR U. CHAVEZ

  • G.R. No. 141441 June 19, 2001 - JOSE SUAN v. NLRC, ET AL.

  • A.M. No. 00-10-230-MTCC June 20, 2001 - RE: JULIAN C. OCAMPO III AND RENATO C. SAN JUAN

  • A.M. No. 00-11-521-RTC June 20, 2001 - RE: AWOL OF MS. LILIAN B. BANTOG

  • A.M. No. P-99-1346 June 20, 2001 - RESTITUTO L. CASTRO v. CARLOS BAGUE

  • A.M. No. RTJ-00-1606 June 20, 2001 - PATRIA MAQUIRAN v. LILIA G. LOPEZ

  • G.R. No. 84831 June 20, 2001 - PACENCIO ABEJARON v. FELIX NABASA, ET AL.

  • G.R. No. 109666 June 20, 2001 - ROGERIO R. OLAGUER, ET AL. v. EUFEMIO DOMINGO, ET AL.

  • G.R. No. 113564 June 20, 2001 - INOCENCIA YU DINO v. COURT OF APPEALS, ET AL.

  • G.R. No. 115851 June 20, 2001 - LA JOLLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127129 June 20, 2001 - PEOPLE OF THE PHIL. v. ROLANDO CABAYA, ET AL.

  • G.R. No. 128617 June 20, 2001 - PEOPLE OF THE PHIL. v. CESAR BACUS

  • G.R. Nos. 129292-93 June 20, 2001 - PEOPLE OF THE PHIL. v. ARLENGEN DEGALA

  • G.R. No. 130524 June 20, 2001 - PEOPLE OF THE PHIL. v. RUDY MADIA

  • G.R. No. 131036 June 20, 2001 - PEOPLE OF THE PHIL. v. DONATO DEL ROSARIO

  • G.R. Nos. 135976-80 June 20, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO GALENO

  • G.R. No. 138629 June 20, 2001 - PEOPLE OF THE PHIL. v. RAMON CAMACHO

  • G.R. No. 139430 June 20, 2001 - EDI STAFF BUILDERS INTERNATIONAL v. FERMINA D. MAGSINO

  • G.R. Nos. 139445-46 June 20, 2001 - PEOPLE OF THE PHIL. v. RODRIGO GONZALES

  • G.R. No. 142304 June 20, 2001 - CITY OF MANILA v. OSCAR SERRANO, ET AL.

  • A.M. No. MTJ-01-1342 June 21, 2001 - BISHOP CRISOSTOMO A. YALUNG, ET AL. v. ENRIQUE M. PASCUA

  • G.R. No. 108558 June 21, 2001 - ANDREA TABUSO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109197 June 21, 2001 - JAYME C. UY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 111580 & 114802 June 21, 2001 - SHANGRI-LA INTERNATIONAL HOTEL MNGT. LTD. ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116200-02 June 21, 2001 - PEOPLE OF THE PHIL. v. ELEUTERIO TAN, ET AL.

  • G.R. No. 131131 June 21, 2001 - PEOPLE OF THE PHIL. v. ABELARDO SALONGA

  • G.R. No. 134138 June 21, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO BRIONES AYTALIN

  • G.R. Nos. 135552-53 June 21, 2001 - PEOPLE OF THE PHIL. v. ABEL ABACIA, ET AL.

  • G.R. No. 139542 June 21, 2001 - PEOPLE OF THE PHIL. v. INOCENCIO GONZALEZ

  • G.R. No. 140206 June 21, 2001 - PEOPLE OF THE PHIL. v. RODOLFO MATYAONG

  • G.R. No. 142023 June 21, 2001 - SANNY B. GINETE v. SUNRISE MANNING AGENCY, ET AL.

  • G.R. No. 103068 June 22, 2001 - MEAT PACKING CORP. OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • A.M. No. MTJ-96-1110 June 25, 2001 - MANUEL N. MAMBA, ET AL. v. DOMINADOR L. GARCIA

  • G.R. No. 116710 June 25, 2001 - DANILO D. MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 117857 June 25, 2001 - LUIS S. WONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128126 June 25, 2001 - PEOPLE OF THE PHIL. v. RAFAEL M. CATAPANG

  • G.R. No. 132051 June 25, 2001 - TALA REALTY SERVICES CORP. v. BANCO FILIPINO SAVINGS AND MORTGAGE BANK

  • G.R. No. 134068 June 25, 2001 - UNION BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136221 June 25, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136382 June 25, 2001 - PEOPLE OF THE PHIL. v. FIDEL ALBORIDA

  • G.R. Nos. 138439-41 June 25, 2001 - PEOPLE OF THE PHIL. v. MARIO PANGANIBAN

  • G.R. No. 141141 June 25, 2001 - PAGCOR v. CARLOS P. RILLORAZA

  • G.R. No. 141801 June 25, 2001 - SOLOMON ALVAREZ v. COURT OF APPEALS

  • G.R. No. 143428 June 25, 2001 - SANDOVAL SHIPYARDS, ET AL. v. PRISCO PEPITO, ET AL.

  • A.M. No. 99-11-423-RTC June 26, 2001 - RE: Report on the Judicial Audit Conducted in the Regional Trial Court

  • A.M. No. RTJ-99-1461 June 26, 2001 - RICARDO DELA CRUZ v. HERMINIA M. PASCUA

  • A.M. No. RTJ-99-1486 June 26, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ISMAEL SANCHEZ

  • G.R. Nos. 110547-50 & 114526-667 June 26, 2001 - JOSE SAYSON v. SANDIGANBAYAN ET AL.

  • G.R. No. 120859 June 26, 2001 - METROPOLITAN BANK AND TRUST COMPANY v. FRANCISCO Y. WONG

  • G.R. No. 123542 June 26, 2001 - PEOPLE OF THE PHIL. v. ROGELIO BULOS

  • G.R. Nos. 132848-49 June 26, 2001 - PHILROCK v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 133990 June 26, 2001 - PEOPLE OF THE PHIL. v. HECTOR MARIANO

  • G.R. No. 134764 June 26, 2001 - PEOPLE OF THE PHIL v. BENJAMIN FABIA

  • G.R. Nos. 139626-27 June 26, 2001 - PEOPLE OF THE PHIL. v. DOMINGO DELA CRUZ

  • G.R. No. 143204 June 26, 2001 - HYATT TAXI SERVICES INC. v. RUSTOM M. CATINOY

  • G.R. Nos. 147589 & 147613 June 26, 2001 - ANG BAGONG BAYANI-OFW LABOR PARTY, ET AL. v. COMELEC, ET AL.

  • G.R. No. 130661 June 27, 2001 - PEOPLE OF THE PHIL. v. DANILO I. TORRES, ET AL.

  • G.R. No. 135882 June 27, 2001 - LOURDES T. MARQUEZ v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 140001 June 27, 2001 - PEOPLE OF THE PHIL. v. EDUARDO BUENAFLOR

  • A.C. No. 3910 June 28, 2001 - JOSE S. DUCAT v. ARSENIO C. VILLALON, ET AL.

  • A.C. No. 4073 June 28, 2001 - ARACELI SIPIN-NABOR v. BENJAMIN BATERINA

  • A.M. No. P-01-1480 June 28, 2001.

    AMADO S. CAGUIOA v. CRISANTO FLORA

  • A.M. No. P-99-1343 June 28, 2001 - ORLANDO T. MENDOZA v. ROSBERT M. TUQUERO, ET AL.

  • A.M. No. RTJ-00-1576 June 28, 2001 - SIMPLICIO ALIB v. EMMA C. LABAYEN

  • G.R. No. 105364 June 28, 2001 - PHIL. VETERANS BANK EMPLOYEES UNION-N.U.B.E., ET AL. v. BENJAMIN VEGA, ET AL.

  • G.R. No. 110813 June 28, 2001 - PEOPLE OF THE PHIL. v. ERNESTO PARDUA, ET AL.

  • G.R. No. 110914 June 28, 2001 - ALFREDO CANUTO; JR., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 112453-56 June 28, 2001 - PEOPLE OF THE PHIL. v. GERARDO LATUPAN

  • G.R. Nos. 112563 & 110647 June 28, 2001 - HEIRS OF KISHINCHAND HIRANAND DIALDAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 120630 June 28, 2001 - PEOPLE OF THE PHIL. v. MARCELO PALERMO

  • G.R. No. 131954 June 28, 2001 - ASELA B. MONTECILLO, ET AL v. CIVIL SERVICE COMMISSION

  • G.R. Nos. 132026-27 June 28, 2001 - PEOPLE OF THE PHIL. v. MARIO ABENDAN, ET AL.

  • G.R. No. 132362 June 28, 2001 - PIO BARRETTO REALTY DEV’T. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132837 June 28, 2001 - JO CINEMA CORP., ET AL. v. LOLITA C. ABELLANA, ET AL.

  • G.R. No. 133605 June 28, 2001 - PEOPLE OF THE PHIL. v. BENJAMIN BARRIAS

  • G.R. No. 135846 June 28, 2001 - PEOPLE OF THE PHIL v. NOEL ORTEGA

  • G.R. No. 138270 June 28, 2001 - SEA POWER SHIPPING ENTERPRISES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142314 June 28, 2001 - MC ENGINEERING, ET AL. v. NLRC, ET AL.

  • G.R. No. 143723 June 28, 2001 - LITONJUA GROUP OF CO.’s., ET AL. v. TERESITA VIGAN

  • G.R. No. 144113 June 28, 2001 - EDWEL MAANDAL v. PEOPLE OF THE PHIL

  • G.R. No. 144942 June 28, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA SUERTE CIGAR.

  • G.R. No. 146062 June 28, 2001 - SANTIAGO ESLABAN v. CLARITA VDA. DE ONORIO

  • A.M. No. 00 4-166-RTC June 29, 2001 - Re: Report on the Judicial Audit

  • A.M. No. 01-4-03-SC June 29, 2001 - HERNANDO PEREZ, ET AL. v. JOSEPH E. ESTRADA, ET AL.

  • A.M. No. P-00-1380 June 29, 2001 - GLORIA O. DINO v. FRANCISCO DUMUKMAT

  • G.R. No. 110480 June 29, 2001 - BANGKO SILANGAN DEVELOPMENT BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111860 June 29, 2001 - PEOPLE OF THE PHIL. v. JESUS CLEDORO

  • G.R. No. 116092 June 29, 2001 - SUSANA VDA. DE COCHINGYAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118251 June 29, 2001 - METROPOLITAN BANK AND TRUST COMPANY v. REGINO T. VERIDIANO II, ET AL.

  • G.R. No. 121597 June 29, 2001 - PHIL. NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 125944 June 29, 2001 - DANILO SOLANGON, ET AL. v. JOSE AVELINO SALAZAR

  • G.R. No. 126396 June 29, 2001 - PEOPLE OF THE PHIL v. FELIXBERTO LAO-AS

  • G.R. No. 128705 June 29, 2001 - CONRADO AGUILAR v. COMMERCIAL SAVINGS BANK, ET AL.

  • G.R. No. 129782 June 29, 2001 - PEOPLE OF THE PHIL. v. BALWINDER SINGH, ET AL.

  • G.R. No. 131968 June 29, 2001 - ERNESTO PENGSON, ET AL v. MIGUEL OCAMPO, ET AL.

  • G.R. No. 132059 June 29, 2001 - PEOPLE OF THE PHIL. v. WENEFREDO DIMSON ASOY

  • G.R. No. 138598 June 29, 2001 - ASSET PRIVATIZATION TRUST v. SANDIGANBAYAN, ET AL.

  • G.R. No. 144542 June 29, 2001 - FRANCISCO DELA PEÑA, ET AL v. SANDIGANBAYAN, ET AL.

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    G.R. Nos. 112453-56   June 28, 2001 - PEOPLE OF THE PHIL. v. GERARDO LATUPAN

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. Nos. 112453-56. June 28, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GERARDO LATUPAN y SIBAL alias JERRY, Accused-Appellant.

    D E C I S I O N


    PARDO, J.:


    The case is an appeal from the decision 1 of the Regional Trial Court, Tuao, Cagayan, Branch 11 convicting Gerardo Latupan y Sibal, alias Jerry of the complex crime of double murder and sentencing him to "life imprisonment" and to indemnify the heirs of the two victims in the amount of fifty thousand (P50,000.00) pesos each. The court also convicted, Accused Gerardo Latupan of inflicting physical injuries to Jaime Asuncion, and sentenced him to "ten days imprisonment" and to pay two hundred (P200.00) pesos as indemnity.

    On April 13, 1992, Provincial Prosecutor Alejandro A. Pulido of Cagayan filed with the Regional Trial Court, Tuao, Cagayan four separate informations charging Gerardo Latupan y Sibal alias Jerry with two counts of frustrated murder and two counts of murder, committed as follows:chanrob1es virtua1 1aw 1ibrary

    Criminal Case No. 379-T

    "That on or about April 29, 1991, in the Municipality of Tuao, Province of Cagayan, and within the jurisdiction of this Honorable Court, the said accused, Gerardo Latupan alias Jerry, armed with a pointed knife, with intent to kill, with evident premeditation and with treachery did then and there willfully, unlawfully and feloniously attack, assault, box, maul, kick and hit with his aforesaid arm one Leo Asuncion, inflicting upon him injuries on the different parts of his body.

    "That the accused had performed all the acts of execution which would have produced the crime of Murder as a consequence but which, nevertheless, did not produce it by reason of causes independent of his own will.

    "Contrary to law." 2

    Criminal Case No. 380-T

    "That on or about April 29, 1991, in the Municipality of Tuao, Province of Cagayan, and within the jurisdiction of this Honorable Court, the said accused, Gerardo Latupan alias Jerry, armed with a pointed knife, with intent to kill, with evident premeditation and with treachery did then and there willfully, unlawfully and feloniously attack, assault, box, maul and kick one, Jaime Asuncion inflicting upon him injuries on the different parts of his body.

    "That the accused had performed all the acts of execution which would have produced the crime of Murder as a consequence but which, nevertheless, did not produce it by reason of causes independent of his own will.

    "Contrary to law." 3

    Criminal Case No. 381-T

    "That on or about April 29, 1991, in the Municipality of Tuao, Province of Cagayan, and within the jurisdiction of this Honorable Court, the said accused, Gerardo Latupan alias Jerry, armed with a pointed knife, with intent to kill, with evident premeditation and with treachery did then and there willfully, unlawfully and feloniously attack, assault and stab one, Jose Asuncion inflicting upon him stab wound on his body which caused his death.

    "Contrary to law." 4

    Criminal Case No. 382-T

    "That on or about April 29, 1991, in the Municipality of Tuao, Province of Cagayan, and within the jurisdiction of this Honorable Court, the said accused, Gerardo Latupan alias Jerry, armed with a pointed knife, with intent to kill, with evident premeditation and with treachery did then and there willfully, unlawfully and feloniously attack, assault and stab one, Lilia Asuncion inflicting upon her stab wounds on her body which caused her death.

    "Contrary to law." 5

    At the arraignment on May 25, 1993, Accused pleaded not guilty to the charge of frustrated murder. 6 During the pre-trial conference of the four cases, Accused offered to change his plea of not guilty to guilty of the complex crime of double murder and frustrated murder. The prosecution did not interpose any objection. Thus, on July 20, 1993, the trial court re-arraigned the accused. He withdrew his plea of not guilty and instead pleaded guilty to the single offense of multiple murder with multiple frustrated murder. 7

    Thereafter, the trial court ordered the prosecution to present evidence to establish the culpability of the accused.chanrob1es virtua1 1aw 1ibrary

    The facts are as follows:chanrob1es virtual 1aw library

    On April 29, 1991, at around 4:00 in the afternoon, Ceferino Dagulo (hereafter Ceferino) was chopping firewood outside his house in Angang, Tuao, Cagayan. Suddenly, he heard the shouts of a woman and a child coming from the north.

    Moments later, Ceferino saw accused Gerardo Latupan y Sibal walking in his direction, carrying a thin, bloodied knife. Accused Latupan entered the house of Ceferino and started chasing Ceferino’s wife, who was able to run to another house nearby. Unable to catch Ceferino’s wife, Accused Latupan turned to Ceferino and said, "I will kill you all." At that time, Accused Latupan’s clothes, chest, hands and legs were full of blood. Accused Latupan attempted to thrust the knife into Ceferino, who was able to parry it. Later on, Accused Latupan told Ceferino to bring him to the authorities and tried to give the knife to Ceferino. Ceferino refused to touch the knife and told accused to go to the authorities by himself. Hearing this advice, Accused ran away.

    The house of Emilio Asuncion (hereafter Emy) was 100 meters from Ceferino’s house. At around 4:00 in the afternoon of the same day, Emy Asuncion was returning to his house from a store. He reached his house and found his wife, Lilia dead on the ground with several stab wounds on her body. His one-year old son, Leo, was lying on top of Lilia Asuncion. Emy picked up Leo and saw that the left side of Leo’s face was lacerated. He saw Jaime, his three-year old son and asked where Jose, his eldest son, was. At that moment, Emy heard the voice of Jose from upstairs of the house, asking for medicine. He ran upstairs and saw that Jose was wounded. He asked Jose who stabbed him. Jose replied, "Uncle Jerry, Tatang." Seeing that Jose needed immediate medical treatment, Emy brought him to the house of Ceferino and then returned to his house to get his two other children, Leo and Jaime. They left the corpse of Lilia Asuncion inside Emy’s house.

    Lilia Asuncion was the sister of Ceferino’s wife.chanrob1es virtua1 1aw 1ibrary

    Meanwhile, Ceferino tried to ask a barangay councilman for assistance. Failing to obtain assistance, Ceferino went back to his house and found Emy Asuncion and his children there. Then, Ceferino went to a military camp to borrow a vehicle to bring the children to the hospital. The military men provided them with a jeep. Thus, the three children were taken to the Nuestra Señora de Piat Hospital in Cabalansan. Riding in the jeep were five soldiers, the accused Latupan, Emy Asuncion, Ceferino Dagulo, Ceferino’s wife, and the three children, Leo, Jaime and Jose Asuncion.

    During the trip to the hospital, Emy’s son, Jose, saw accused Latupan inside the jeep. Jose pointed to accused Latupan as the one who stabbed him.

    At the hospital, the doctors treated the injuries of Leo and Jaime. However, the doctors advised Emy and Ceferino to bring Jose to another hospital due to the seriousness of his wounds. So, they proceeded to Cagayan Valley Regional Hospital. Sadly, Jose was dead on arrival. 8 He was only nine years old.

    Jaime, 5 year-old son of Emy Asuncion, testified that he was three years old when the incident occurred. He stated that accused Latupan stabbed his mother, stepped on him, threw his brother, Leo, outside the window and stabbed his other brother, Jose. 9

    After presenting testimonial and documentary evidence, the prosecution rested its case. The defense did not present any testimonial or documentary evidence, merely relying on accused’s plea of guilty. Thus, the case was considered submitted for decision.

    On August 25, 1993, the trial court rendered a decision, the dispositive portion of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, finding the accused GERARDO LATUPAN alias JERRY GUILTY beyond reasonable doubt of the complex offense of Double Murder, the Court hereby sentences him to suffer life imprisonment and to indemnify the heirs of the two victims in the amount of P50,000.00 each or a total of P100,000.00.

    "For the physical injuries suffered by Jaime Asuncion, the accused is sentenced to suffer ten (10) days imprisonment. Likewise, for the physical injuries suffered by Leon Asuncion, the accused is also sentenced to suffer ten (10) days imprisonment, both to be suffered simultaneously with the more grievous sentence of life imprisonment, plus P200.00 indemnity to each of the two victims.

    "SO ORDERED.

    "Given in chambers this 25th day of August, 1993, at Tuao, Cagayan, Philippines."cralaw virtua1aw library

    "(sgd.) ORLANDO D. BELTRAN

    Judge 10

    Hence, this appeal. 11

    Accused-appellant pleaded guilty to the single offense of multiple murder with multiple frustrated murder.chanrob1es virtua1 1aw 1ibrary

    Although this Court has set aside convictions based on plea of guilty in capital offenses because of improvidence thereof and when such plea is the sole basis of the condemnatory judgment, the circumstances of this case merit a different result. "Where the trial court receives evidence to determine precisely whether or not the accused erred in admitting his guilt, the manner in which the plea of guilty is made (improvidently or not) loses legal significance, for the simple reason that the conviction is based on the evidence proving the commission by the accused of the offense charged." 12

    Crucial to the prosecution is the testimony of the eyewitness, Jaime Asuncion, who witnessed the incident and even suffered injuries from the unprovoked attack of Accused-Appellant. He was familiar with accused-appellant and categorically related to the court the events that occurred on the afternoon of April 29, 1991. Jaime narrated how accused-appellant stabbed his mother, threw his brother out. of the window, stepped on him, and stabbed his other brother.

    Moreover, Accused-appellant was seen not far from the scene of the crime with a bloodied knife and clothes, and mumbling threats at onlookers, including Ceferino Dagulo and his wife.

    Thus, Accused-appellant is liable for the deaths of Lilia and Jose Asuncion, and the physical injuries of Jaime and Leo Asuncion. From the manner accused attacked the family, he left them with no means of defense or escape. Considering the treacherous manner by which the victims were killed, the accused-appellant is liable for murder and physical injuries.

    The trial court, however, erred in convicting accused-appellant of the "complex crime of double murder" and separate offenses of serious physical injuries. Article 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." The instant case does not fall under any of the two mentioned instances when a complex crime is committed. 13 The killing of Lilia Asuncion and Jose Asuncion and the wounding of Jaime and Leo Asuncion resulted not from a single act but from several and distinct acts of stabbing. "Where the death of two persons does not result from a single act but from two different shots, two separate murders, and not a complex crime, are committed." 14

    Thus, Accused-appellant is liable, not for a complex crime of double murder, but for two separate counts of murder, and separate counts of physical injuries.

    Further, the trial court incorrectly assumed that the aggravating circumstance of evident premeditation was included in the plea of guilty. Qualifying and aggravating circumstances, which are taken into consideration for the purpose of increasing the degree of penalty to be imposed, must be proven with equal certainty as the commission of the act charged as criminal offense. 15

    Thus, evident premeditation cannot be presumed against Accused-Appellant. To warrant a finding of evident premeditation, it must appear not only that the accused decided to commit the crime prior to the moment of its execution but also that this decision was the result of meditation, calculation, reflection, or persistent attempt. 16 In this case, there was no proof, direct or circumstantial, offered by the prosecution to show when accused-appellant meditated and reflected upon his decision to kill the victim and the intervening time that elapsed before this plan was carried out. When it is not shown as to how and when the plan to kill was hatched or what time had elapsed before it was carried out, evident premeditation cannot be considered. 17chanrob1es virtua1 1aw 1ibrary

    Under Article 248 of the Revised Penal Code, the penalty for murder at the time of the commission of the crime in April 1991 was reclusion temporal maximum to death. The trial court convicted accused-appellant of murder and sentenced him to "life imprisonment." The proper imposable penalty is reclusion perpetua, not life imprisonment. Obviously, the trial court intended to impose reclusion perpetua.

    However, the penalty of life imprisonment is not the same as reclusion perpetua. They are distinct in nature, in duration and in accessory penalties. 18 First, "life imprisonment" is imposed for serious offenses penalized by special laws, while reclusion perpetua is prescribed under the Revised Penal Code. Second, "life imprisonment" does not carry with it any accessory penalty. Reclusion perpetua has accessory penalties. Third, "life imprisonment" does not appear to have any definite extent or duration, while reclusion perpetua entails imprisonment for at least thirty (30) years after which the convict becomes eligible for pardon, although the maximum period thereof shall in no case exceed forty (40) years. 19

    We likewise note that the trial court sentenced accused to "ten days of imprisonment" for each count of slight physical injuries. We reiterate the rule that it is necessary for the courts to employ the proper legal terminology in the imposition of penalties because of the substantial difference in their corresponding legal effects and accessory penalties. 20 The appropriate name of the penalty must be specified inasmuch as, under the scheme of penalties in the Revised Penal Code, the principal penalty for a felony has its own specific duration and corresponding accessory penalties. 21 Thus, the courts must employ the proper nomenclature specified in the Revised Penal Code, such as "reclusion perpetua," not "life imprisonment" or "ten days of arresto menor," not "ten days of imprisonment." chanrob1es virtua1 1aw 1ibrary

    Hence, the proper penalty for each murder committed in April 1991, considering the absence of aggravating and mitigating circumstances, is reclusion perpetua, with its accessory penalties. Further, Accused-appellant is liable for two counts of slight physical injuries and must be sentenced to twenty (20) days of arresto menor, each, likewise with its accessory penalties under the Revised Penal Code. 22

    We sustain the triad court’s award of fifty thousand (P50,000.00) pesos as death indemnity for each of the victims. No further proof is necessary other than the fact of death of the victim and the accused’s responsibility therefor. 23 In addition, we award moral damages in the amount of P50,000.00 pesos for each victim, without need of proof of consequent physical suffering and mental anguish of the heirs of the victims, in line with recent rulings. 24

    WHEREFORE, the Court AFFIRMS the decision of the Regional Trial Court, Tuao, Cagayan, Branch 11 in Criminal Case Nos. 112453-56 with MODIFICATION. The accused-appellant Gerardo Latupan y Sibal is convicted of two counts of murder, for the death of Lilia Asuncion and Jose Asuncion, and is sentenced to reclusion perpetua in each case, and to indemnify the heirs of Lilia and Jose Asuncion in the amount of P50,000.00 pesos, each case, and in addition thereto, the amount of P50,000.00 pesos, each case, as moral damages.

    Accused-appellant is further convicted of two counts of slight physical injuries and is sentenced to twenty (20) days of arresto menor, in each case, plus P2,000.00 pesos as indemnity to each of the two victims, Jaime and Leo Asuncion.chanrob1es virtua1 1aw 1ibrary

    Costs against Accused-Appellant.

    SO ORDERED.

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

    Ynares-Santiago, J., on official business abroad.

    Endnotes:



    1. In Criminal Case Nos. 379-T, 380-T, 381-T, 382-T, Judge Orlando D. Beltran, presiding.

    2. Regional Trial Court Record, Book I, p. 31.

    3. Regional Trial Court Record, Book II, p. 4.

    4. Regional Trial Court Record, Book III p. 4.

    5. Regional Trial Court Record, Book IV, p. 4.

    6. Certificate of Arraignment, Regional Trial Court Record, Book I, p. 43.

    7. Certificate of Arraignment, Regional Trial Court Record, Book I, p. 50.

    8. TSN, August 9, 1993, pp. 3-10.

    9. TSN, August 9, 1993, pp. 12-13.

    10. Decision, Regional Trial Court Record, Book I, pp. 59-65, at p. 65.

    11. Notice of Appeal, Regional Trial Court Record, Book I, p. 66.

    12. People v. Denlo, 271 SCRA 633, 658-659 [1997].

    13. People v. Abubu, 322 SCRA 407, 414 [2000].

    14. People v. Tabaco, 270 SCRA 32, 62 [1997].

    15. People v. Piamonte, 303 SCRA 577, 588 [1999].

    16. People v. Basao, 310 SCRA 743, 780 [1999].

    17. People v. Enolva, 323 SCRA 295, 310-311 [2000].

    18. People v. RicaSanca, 323 SCRA 652,665 [2000].

    19. People v. Fuertes, 326 SCRA 382,414 [2000].

    20. People v. Literado, 209 SCRA 319,328 [1992], citing People v. Mobe, 81 Phil. 58 [1948]; People v. Baguio, 196 SCRA 459 [1991].

    21. Austria v. Court of Appeals, 339 Phil. 486, 495-496 [1997]; People v. Serdan, 213 SCRA 329, 344 [1992]; People v. Aquino, 186 SCRA 851, 863 [1990].

    22. Article 44, Revised Penal Code.

    23. People v. Paraiso, 319 SCRA 422,440 [1999]; People v. Cayago, 312 SCRA 623, 639 [1999].

    24. People v. Sullano, 331 SCRA 649, 662 [w00], citing People v. Atrejenio, 310 SCRA 229 [1999]; People v. Salcedo, 340 Phil. 12, 35 [1997].

    G.R. Nos. 112453-56   June 28, 2001 - PEOPLE OF THE PHIL. v. GERARDO LATUPAN


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