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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
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

  •  





     
     

     G.R. No. 137613   November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 137613. November 14, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROSALITO @ Liklik CABOQUIN y DEL ROSARIO, Accused-Appellant.

    D E C I S I O N


    PUNO, J.:


    Accused ROSALITO @ Liklik CABOQUIN was charged with Murder for the fatal stabbing of one PABLITO TALINGTING in an Information 1 which reads:chanrob1es virtua1 1aw 1ibrary

    "That on or about the 3rd day of October 1991, in the Municipality of Kawayan, Biliran Province, Philippines, and within the jurisdiction of this Honorable Court, said accused, with treachery and with intent to kill, did then and there willfully, unlawfully and feloniously attack, assault and stab one Pablito Talingting, with the use of hunting knife locally known as ‘balisong’ which the accused has conveniently provided himself for the purpose, thereby inflicting upon the latter multiple mortal wounds which caused his death shortly thereafter.

    In violation of Art. 248 of the Revised Penal Code."cralaw virtua1aw library

    The People’s case was established from the testimony of two (2) eyewitnesses PAQUITO BENALDO and OLIVO MATUGUINAS. They knew the accused ROSALITO CABOQUIN, alias Liklik, since childhood as they resided in the same barangay in Kawayan, Biliran province. On October 3, 1991, at about 8:00 p.m., Paquito and Olivo were seated on a bench in front of a store in their barangay, with their friends PABLITO TALINGTING and siblings Mayeng and Baby Monto. Accompanied by Baby on the guitar, the group sang while they waited for some fishermen to arrive. Suddenly, the accused appeared in front of Pablito and repeatedly stabbed him on the chest with his knife. Pablito staggered and walked towards the direction of his house. He only got as far as 10 meters before he stumbled on the ground. During the commotion, Pablito’s friends remained seated and motionless as they were stunned and frightened by what they witnessed. After the stabbing, the accused proceeded to the tennis court and challenged everybody to a fight. Pablito’s friends took advantage of the opportunity. They ran and sought refuge in different areas. Paquito hid in the barangay hall, about five (5) meters away from the crime scene. From where he was hiding, he tried to ascertain if Pablito was still alive. After the accused left and the commotion died down, the group approached Pablito but he was already dead. They carried Pablito’s lifeless body back to his house. 2 Post-mortem examination revealed that Pablito sustained multiple stab wounds on the chest which caused his untimely death. 3

    On October 7, 1991, the statements of eyewitnesses Paquito and Olivo were taken at the Kawayan police station. After the preliminary investigation, the MCTC judge issued a warrant 4 for the arrest of the accused on October 11, 1991. On March 30, 1992, the warrant was returned unserved as the accused could no longer be found in his residence and his whereabouts was unknown. 5 The case was ordered archived. 6

    Three (3) years later, in August, 1995, the victim’s parents received information that the accused was detained in Quezon City in connection with another crime. They immediately reported this to the Kawayan police station. Acting on the information, PO3 ROMEO VICTORIOSO proceeded to the Central Police District in Quezon City to serve an alias warrant of arrest 7 on the accused for the killing of Pablito. When he arrived at the Station 3 of the Central Police District, he conferred with the jail warden and inquired about the whereabouts of the accused. Upon verification, the name of the accused did not appear on the record of detainees at the police station. PO3 Victorioso then visited the jail and chanced upon an acquaintance, Junjun Villarin, who was detained there. Junjun pointed out to him the accused inside the detention cell. Junjun confided to him that the jail records did not reflect the accused’s name as Rosalito Caboquin since the accused gave his name to the police as Lito Mendoza. PO3 Victorioso then informed the warden of his discovery. The warden conferred with Lito Mendoza in his office and the latter readily admitted that his real name was Rosalito Caboquin. The warden then attached a copy of the arrest warrant to the accused’s file and assured PO3 Victorioso that after the accused’s trial in Quezon City, he would cause the physical transfer of the accused to Kawayan, Biliran, to answer for the killing of Pablito. Two months later, or on October 23, 1995, the accused was turned over to the Kawayan police station. 8

    The accused proferred the defense of alibi. He testified that on October 3, 1991, at about 9:00 p.m., he was in his house in People’s Village, Catmon, Malabon, Metro Manila, watching television. He has worked as a fish dealer in Malabon since 1982. The last time he visited Biliran was in 1989 when he attended the barrio fiesta. From then on, he stayed in Metro Manila and has not returned to Biliran. He admitted that he used the name Lito Mendoza when he went to Manila. In 1992, he was detained in Bicutan jail for illegal possession of firearm. He claimed that the police officers planted the firearm found in his possession. The first time he learned about the killing of Pablito was on October 21, 1995 when he was turned over to the Kawayan police authorities. 9

    While the accused claimed he was in his house at about 9:00 p.m. that day, defense witness JEAN ASLAG, an 18 year-old resident of Malabon, recounted that on said date, at about 7:00 p.m., the accused went to her house to attend a birthday party and left at about 10:00 p.m. already. 10

    After the trial, the court a quo found the accused guilty of Murder and sentenced him, thus: 11

    "WHEREFORE, in view of the foregoing considerations, this Court finds the accused Rosalito Caboquin y del Rosario GUILTY beyond reasonable doubt of the crime of Murder as charged in the Information.chanrob1es virtua1 1aw 1ibrary

    This Court hereby imposes the penalty of Reclusion Perpetua."cralaw virtua1aw library

    The accused shall indemnify the heirs of the victim Pablito Talingting the amount of P50,000.00 as moral damages and shall pay the costs.

    SO ORDERED."cralaw virtua1aw library

    Before this Court, the sole issue submitted for resolution is whether or not treachery attended the killing of the victim. The appellant contends that the facts proved by the prosecution with respect to the manner Pablito was killed do not establish the existence of treachery. He argues that from the evidence adduced, it cannot be said that Pablito had no opportunity to defend himself . At the time of the assault, Pablito was sitting in the middle of the bamboo bench, flanked by four of his friends. Thus, the appellant concludes that Pablito could not have been totally defenseless at the time he was stabbed. Absent the qualifying circumstance of treachery, the appellant insists that he should only be convicted of Homicide.chanrob1es virtua1 1aw 1ibrary

    We affirm the appellant’s conviction for Murder.

    The trial court correctly appreciated the presence of treachery in the killing of Pablito. There is treachery when the offender commits any of the crimes against persons, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. 12 In the case at bar, Pablito was seated on the bench and was singing with his friends when the appellant suddenly appeared and lunged at him with a knife, repeatedly stabbing him on the chest. Clearly, the attack was all too sudden. There is nothing in the records to show that it was preceded by an altercation or that Pablito gave the slightest provocation. Although Pablito was seated among his friends at the time he was stabbed, this did not afford him any shield or refuge as his friends were likewise caught off-guard by the suddenness of the unprovoked attack. His friends remained seated and motionless due to shock. In fact, it was only after the stabbing incident when the appellant left the crime scene that Pablito’s friends regained their composure and sought shelter to protect themselves. Clearly, their presence did not diminish the suddenness of the appellant’s aggression. From the evidence adduced, the stabbing, although frontal, was so unexpected and sudden that it left Pablito and his friends, all unarmed, with nary an opportunity to put up a defense. 13 Indeed, the essence of treachery is the swift and unexpected attack on an unarmed victim that insures its execution without risk to the assailant arising from the defense of his victim. 14 Clearly then, in the case at bar, treachery qualified the killing to murder.chanrob1es virtua1 1aw 1ibrary

    As to the penalty imposed, the award of moral damages by the trial court to the heirs of the victim is affirmed. The recent policy of the Court on moral damages is to automatically award it in case of violent death without need of proof as the circumstances surrounding the untimely and violent death, as borne out by human nature and experience, invariably brought emotional pain and anguish on the part of the victim’s family. 15 Moreover, as the fact of emotional and mental suffering on the part of the victim’s heirs is undisputed, it is considered proved. Additionally, the amount of fifty thousand pesos (P50,000.00) is adjudged as civil indemnity ex delicto in favor of the heirs of Pablito Talingting, which award is likewise mandatory and requires no proof other than the victim’s death. 16

    IN VIEW WHEREOF, the Decision of the trial court convicting the appellant ROSALITO CABOQUIN, alias Liklik, of Murder is AFFIRMED, subject to the modification that, in addition to the fifty thousand pesos (P50,000.00) moral damages adjudged by the trial court, civil indemnity ex delicto in the amount of fifty thousand pesos (P50,000.00) is likewise awarded to the heirs of Pablito Talingting.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr., C.J., Kapunan, Pardo and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Dated December 14, 1995; Rollo, p. 4.

    2. September 24, 1996 TSN, pp. 1-19; September 25, 1996 TSN, pp. 1-16.

    3. Post-mortem Report, dated October 29, 1991; Rollo, p. 8.

    4. Original Records, p. 9.

    5. Return of Service, Rollo, p. 10.

    6. Order, dated March 30, 1992, issued by MCTC Judge Meljohn De La Peña; Original Records, p. 10.

    7. Dated August 17, 1995, issued by MCTC Judge Dulcisimo C. Pitao; Original Records, p. 13.

    8. April 30, 1997 TSN, pp. 1-10; September 30, 1997 TSN, pp. 1-10.

    9. September 2, 1998 TSN, pp. 1-10.

    10. October 5, 1998 TSN, pp. 1-11.

    11. Penned by Judge Enrique C. Asis, Regional Trial Court, Eighth Judicial Region, Branch 16, Naval, Biliran; Rollo, pp. 11-32.

    12. Article 14 (16), Revised Penal Code.

    13. People v. Vital, G.R. No. 130785, September 29, 2000; People v. Dano, G.R. No. 117690, September 1, 2000.

    14. People v. Berzuela, G.R. No. 132078, September 25, 2000; People v. Aglipa, G.R. No. 130941, August 3, 2000; People v. Villarba, G.R. No. 132784, October 30, 2000.

    15. People v. Panado, G.R. 133439, December 26, 2000.

    16. People v. Temanel, Et Al., G.R. Nos. 97138-39, September 28, 2000; People v. Dagami, G.R. No. 123111, September 13, 2000; People v. Riglos, G.R. No. 134763, September 4, 2000.

     G.R. No. 137613   November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN


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