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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. 137369   November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 137369. November 15, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALIAS KOBEN VISTA, VIC PEDRO and RICHARD OMALI, Accused. ALIAS KOBEN VISTA, 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, Antique, Branch 64, convicting accused Alias Koben Vista of multiple murder with the use of explosive, sentencing him to reclusion perpetua with the accessories provided by law and to indemnify the heirs of the victims in the amount of P50,000.00.chanrob1es virtua1 1aw 1ibrary

    On February 15, 1995, First Assistant Provincial Prosecutor Romeo Casalan of Antique filed with the Regional Trial Court, Antique, Branch 12, San Jose, an information charging accused Alias Koben Vista, Vic Pedro and Richard Omali with multiple murder with the use of explosive (hand grenade), committed as follows:jgc:chanrobles.com.ph

    "That on or about the 2nd day of February, 1994, in the Municipality of Tibiao, Province of Antique, Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring, confederating and mutually helping one another by means of treachery and evident premeditation and with intent to kill and with the use of handgrenade, did then and there, willfully, unlawfully and feloniously attack, assault and hurl a handgrenade to Francisco (sic) Lomugdang, Francisco Catague, Nicanor Lomugdang, Norma Lomugdang and Demetrio Lomugdang thereby inflicting upon Francisco Lomugdang and Francisco Catague fatal wounds on the vital parts of their bodies which caused their death shortly thereafter.

    With the qualifying circumstances of treachery and evident premeditation.

    Contrary to the provisions of Article 248 of the Revised Penal Code." 2

    On March 29, 1995, Judge Antonio M. Matino issued a warrant of arrest ordering the arrest of the three accused. Only accused Alias Koben Vista was arrested and detained at the Antique Provincial Jail. The other two accused remained at large.

    Upon arraignment on April 25, 1996, Accused Alias Koben Vista pleaded not guilty to the charge. 3 Trial ensued.

    At about 7:00 in the evening, on February 1, 1994, Nicanor Lomugdang, together with his wife, Norma Lomugdang, and their three (3) children, Demetrio Lomugdang, Virgilio 4 Catague and Kennedy Catague were having supper at their house in sitio Kapilokan, Barangay Salazar, Tibiao, Antique. Suddenly, Ceferino Vista, Jr. appeared by the door and, without warning, shot Kennedy Catague at the left side of the latter’s stomach with a twelve (12) gauge shotgun. Thereafter, Ceferino Vista, Jr. went inside the house, got his bolo and hacked Demetrio Lomugdang who was hit at the right shoulder. Demetrio Lomugdang and Ceferino Vista, Jr. then grappled for possession of the bolo. While the two were fighting for possession of the bolo, Vic Pedro, who earlier served as lookout while Ceferino Vista, Jr. shot Kennedy Catague, aimed a .38 caliber gun at Demetrio Lomugdang. Demetrio Lomugdang saw this and used the, body of Ceferino Vista, Jr. as a shield when Vic Pedro fired four shots at him.

    The shots from Vic Pedro’s gun hit Ceferino Vista, Jr. instead of Demetrio Lomugdang. Ceferino Vista, Jr. died instantly, while Vic Pedro immediately fled.chanrob1es virtua1 1aw 1ibrary

    Kennedy Catague was seriously wounded, and Nicanor Lomugdang, Demetrio Lomugdang, Norma Lomugdang, Francario Lomugdang, Francisco Catague and Jonarel Catague prepared to bring him to the hospital in Barbaza, Antique. They placed Kennedy Catague in a hammock made from a blanket. Since there was no motorized transportation from the house of Nicanor Lomugdang to the national road, the group walked for two (2) hours before they reached the national road where they waited for a tricycle ride to the hospital. They armed themselves with a flashlight and a petromax lamp to illumine their trip.

    When they reached the feeder road in Barangay Zaragoza, Tibiao, Antique, Nicanor Lomugdang saw accused Alias Koben Vista, Vic Pedro and Richard Omali twenty (20) meters away in front at their right side. He was able to identify the three because they were all familiar to him and the place was sufficiently illuminated by the petromax lamp and the flashlight that they carried. Nicanor Lomugdang saw accused Alias Koben Vista stand up from a squatting position and throw a grenade at the group. The grenade exploded and injured some of them. Francario Lomugdang and Francisco Catague both died on the spot.

    Dr. Emilia Monicimpo, Municipal Health Officer of Tibiao, Antique examined the dead bodies of Francario Lomugdang and Francisco Catague at Barbaza Municipal Hospital. The Medico-Legal Report revealed that the cause of death was irreversible shock secondary to blast injuries due to grenade explosion. 5

    PO3 Fred Oribe, PNP, member of the Tibiao Police Station, prepared Entry No. 3654 of the Police Blotter 6 concerning the incident. 7

    On the other hand, Accused Alias Koben Vista interposed denial and alibi. He maintained that on February 2, 1994, at the time of the incident, he was at home sleeping. On the morning of February 2, 1994 the wife of his brother, Ceferino Vista, Jr., informed him that the Lomugdangs killed his brother. Accused went to Barangay Salazar to get the dead body of his brother from the policemen who got it from sitio Kapilokan. Thereafter, they brought the body to Tibiao, Antique to be autopsied. After the autopsy, the body was embalmed and brought to his house. 8

    The other witness for the defense was Gloria Imbang, a neighbor for five years and a first cousin of accused. She testified that she was in her house on February 2, 1994. She said that the wife of Ceferino Vista, Jr. came at around 9:00 in the morning of February 2, 1994 and informed accused-appellant about Ceferino Vista, Jr.’s death. Gloria Imbang also told the court that she accompanied accused-appellant, the wife of Ceferino Vista, Jr. and the police in getting the body of Ceferino Vista, Jr.

    After due trial, on July 1, 1998, the trial court rendered a decision, the dispositive portion of which reads:chanrob1es virtual 1aw library

    “In view thereof, this court finds the accused Alias Koben Vista guilty beyond reasonable doubt of the offense of Multiple Murder with the Use of Explosive and considering the mitigating circumstance of immediate vindication of a grave offense, he is hereby sentenced to Reclusion Perpetua with the accessories as provided by law and to indemnify the heirs of the victim for his death in the amount of P50,000.00. No other damages were proven by the prosecution.

    "The Provincial Warden of the Antique Rehabilitation Center is directed to deliver the accused to the New Bilibid Prison in Muntinlupa within three (3) months from the finality of the decision.

    "The case against the other accused namely: Vic Pedro and Richard Omali is sent to the archive.cralaw : red

    “San Jose for Bugasong, Antique, July 1, 1998.

    "(SGD.) RAFAEL O. PENUELA

    "Presiding Judge" 9

    Hence, this appeal. 10

    In his brief, 11 accused-appellant submitted that the prosecution failed to prove his guilt beyond reasonable doubt He contended that the prosecution failed to establish the identity of the perpetrator of the crime charged.

    In support of this contention, he cites Police Blotter Entry No. 3654 12 and points out that the name of the accused was not mentioned in the entry. A perusal of the said exhibit, he said, would show it was only "Vic Pedro together with some unidentified companions" that were mentioned. This failure to mention his name in the police blotter, according to accused-appellant, constitutes an inconsistency which injects reasonable doubt as to accused-appellant’s guilt. Consequently, Accused-appellant maintains that he is entitled to an acquittal, regardless of his defense of denial and uncorroborated alibi since the prosecution failed to discharge its burden of proving accused-appellant’s guilt beyond reasonable doubt.

    The Solicitor General, 13 on the other hand, contends that the testimony of Nicanor Lomugdang and Demetrio Lomugdang fully established the identity of the accused-appellant as the perpetrator of the crime and that accused-appellant’s defense of denial and alibi cannot prevail over this positive identification.

    We find the appeal without merit.

    In the case at bar, the identity of the accused-appellant as the perpetrator of the crime has been sufficiently established by the positive testimonies of Nicanor Lomugdang and Demetrio Lomugdang. The trial court ascertained that the testimonies of the prosecution witnesses clearly and adequately proved how the killing happened and the extent of accused-appellants’ participation in that incident. The Court finds no valid and plausible reason to discredit the veracity of their narration.

    It is axiomatic that the determination of the question of credibility is a function of a trial court for it is best equipped to make that assessment, and its factual findings are generally not disturbed on appeal, unless the trial court had overlooked, misunderstood, or misapplied some fact or circumstance of weight and substance which, if considered, would alter the result of the case. No such fact or circumstance of weight or substance which had been ignored by the trial court has surfaced. The trial court’s findings of fact will, therefore, stand. 14

    The only defense interposed by the accused-appellant is alibi.chanrob1es virtua1 1aw 1ibrary

    Alibi is rejected when the identity of the accused is sufficiently and positively established by the prosecution. 15 Moreover, the accused must establish not only that he was somewhere else when the crime was committed but also that it was physically impossible for him to have been at the scene of the crime at the time it was committed. 16

    In this case, the distance between accused-appellant’s residence, Barangay Surigao, and the place where the grenade throwing occurred, Barangay Zaragoza, is only two (2) kilometers. According to accused-appellant himself, it would only take half an hour for one to walk that distance. 17 It is not physically impossible for the accused-appellant to be present at the scene of the crime at the time that it was committed.

    As to the failure to include accused-appellant’s name in the police blotter, the Court agrees with the position of the Solicitor General that the non-inclusion did not operate to diminish the credibility of the prosecution witnesses. The excerpt of the police blotter was prepared by the police on the basis of Jonarel Catague’s narration which was hastily made at around 3:45 in the morning of February 2, 1994.

    Hence, we find that the trial court did not err in convicting the accused-appellant of multiple murder with the use of explosive and sentencing him to reclusion perpetua with all the accessory penalties provided by law. However, the indemnity for death it awarded to the heirs of the deceased Francario Lomugdang and Francisco Catague was not sufficient. Each set of heirs is entitled to the P50,000.00 indemnity for death.

    IN VIEW WHEREOF, the appealed decision is AFFIRMED. Accused-appellant Alias Koben Vista is found guilty beyond reasonable doubt of multiple murder and is hereby sentenced to reclusion perpetua with the accessory penalties provided by law and to indemnify the heirs of the victims Francario Lomugdang and Francisco Catague in the amount of P50,000.00 for each victim and costs.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

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

    Endnotes:



    1. In Criminal Case No. 5471, Judge Rafael O. Penuela, presiding.

    2. Information, Original Record, Criminal Case No. 5471, p. 29.

    3. Certificate of Arraignment, Original Record, Criminal Case No. 5471, p. 44.

    4. In the cross-examination of the same witness, he would refer to this person as Jonarel (TSN, June 18, 1997, p. 25).

    5. TSN, June 18 1997, pp. 6 and 8.

    6. Exhibit C, Original Record, Criminal Case No. 5471, p. 128.

    7. TSN, December 18, 1997, pp. 3-5.

    8. TSN, January 21, 1998, pp. 5-8.

    9. Decision, Rollo, pp. 21-22.

    10. Notice of Appeal, Rollo, p.23. On June 23, 1999, we accepted the appeal (Rollo, pp. 25-26).

    11. Appellant’s Brief, Rollo, pp. 40-51.

    12. Exhibit C, Original Record, Criminal Case No. 5471, p. 128.

    13. Appellee’s Brief, Rollo, p. 62-81.

    14. People v. Leonardo Carizo, 343 Phil. 793, 800 (1997), citing People v. Nemeria, 312 Phil. 531 (1995) and People v. Gapasan, 312 Phil. 964 (1995).

    15. People v. Dando, 325 SCRA 406 (2000), citing People v. Belo, 360 Phil. 36 (1998), People v. Dadles, 343 Phil. 916 (1997) and People v. Novales, 334 Phil. 521 (1997).

    16. People v. Dando, supra, Note 15, citing People v. Salvador, 344 Phil. 580 (1997).

    17. TSN, January 21, 1998, pp. 11-12.

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


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