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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

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 138661. November 19, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JERSON ACOJEDO y EMIA, 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, Dumaguete City, Branch 44, finding accused Jerson Acojedo y Emia 2 guilty beyond reasonable doubt of murder, and sentencing him to reclusion perpetua and to indemnify the heirs of the victim Joel Garde in the sum of P50,000.00

    On September 28, 1993, 3rd assistant provincial prosecutor of Negros Oriental Romeo T. Katada filed with the Regional Trial Court, Dumaguete City an information 3 charging accused Jerson Acojedo y Emia with murder, reading as follows:jgc:chanrobles.com.ph

    "That at about one o’clock in the early dawn of May 4, 1993, at sitio Balansini, Barangay Humay-humay, Guihulngan, Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused with intent to kill and by means of treachery and evident premeditation did then and there willfully, unlawfully and feloniously assault, attack and stab with the use of a sharp bladed weapon, one Joel Garde, inflicting on the victim the following injuries, to wit:chanrob1es virtua1 1aw 1ibrary

    "1. Wound, stabbed, right back, at the para-vertebral line at the level of the mid-scapular area — T & T;

    Entrance: wound, stabbed, 1 inch long by inch width penetrating the chest including the other vital organs;

    Exit: inch long by 1/3 inch width, front medial to right areola;

    "2. Wound, stabbed, right back upper scapula, 1 inch long by 3/6 inch width, superficial;

    "which injuries caused the death of the victim soon thereafter.

    "Contrary to Article 248 of the Revised Penal Code.

    "Dumaguete City, Philippines, September 22, 1993."cralaw virtua1aw library

    On January 27, 1994, the trial court arraigned the accused. 4 He pleaded not guilty. 5 Trial ensued.

    In the evening of May 3, 1994, there was a dance in sitio Balansini, Barangay Humay-humay, Guihulngan, Negros Oriental to culminate its fiesta celebration. Joel Garde, together with his wife Mary Garde and son Joel Garde, Jr., attended the dance. 6

    At around one o’clock dawn of May 4, 1993, Joel went out of the dance hall to urinate in a nearby area, about five (5) meters away. 7 Mary, who was near Joel because she was asking him to go home already, saw the accused Jerson Acojedo following him from the dance floor to the place where he urinated. While Joel was urinating, Jerson stabbed him twice at the back with a hunting knife. Joel fell to the ground. When Mary shouted for help, Jerson ran away. The two stab wounds caused Joel’s instantaneous death. 8

    Mary had known accused Jerson for a long time because they lived in adjoining barangays. She positively identified Jerson as her husband’s assailant. 9 Mary also testified that on April 8, 1993, her husband and Jerson had an altercation regarding money Joel had in his possession belonging to somebody else that Jerson wanted to collect. Joel refused to give the money to Jerson. This infuriated Jerson. 10

    The prosecution presented Dr. Fe L. Mercado, physician at the Guihulngan District Hospital, who conducted a post mortem examination on the body of Joel Garde. As per Medico Legal Report, 11 the victim sustained one penetrating wound and one superficial wound at the back. The first one was fatal, which caused his death. 12

    Accused Jerson, who lived in barangay Planas, adjoining barangay of Humay-humay, put up the defense of denial and alibi. He claimed that he had been plowing his farm the whole day of May 3, 1993, and retired early in the evening to prepare for the next day’s toil. He never left his house after he ate supper. 13 His mother, Dalia Acojedo, corroborated his testimony and testified that she saw her son, Accused Jerson, fast asleep in their house in the middle of the night the incident took place. 14

    Accused Jerson relies heavily on the affidavit of desistance 15 executed by Mary Garde, wife of the victim. The affidavit stated that Mary Garde was no longer interested in pursuing the case against accused Jerson because she was not certain as to the identity of her husband’s assailant. The barangay captain of Humay-humay, Dorie Talledo, testified that Mary Garde failed to appear in court despite subpoena several times on account of her uncertainty as to accused Jerson’s identity. 16

    After due trial, on March 26, 1999, the trial court promulgated a decision, the dispositive portion of which reads as follows:jgc:chanrobles.com.ph

    "WHEREFORE, premises considered, Accused JERSON ACOJEDO is hereby found GUILTY beyond reasonable doubt of the crime of murder and the Court hereby imposes upon him the penalty of reclusion perpetua. Accused shall indemnify the heirs of the victim, Joel Garde in the sum of Fifty Thousand Pesos (P50,000.00)

    "SO ORDERED.

    "GIVEN this 16th day of March, 1999 in the City of Dumaguete, Philippines.

    "(Sgd.) ALVIN L. TAN

    "Judge" 17

    Hence, this appeal. 18

    In his brief, Accused-appellant claims that the trial court erred in giving full weight and credence to the testimony of prosecution witnesses and in disregarding his defense of denial and alibi. 19

    We find the appeal without merit.

    Findings of facts of the trial court are generally accorded weight and are not disturbed on appeal unless substantial facts had been overlooked which, if considered, would materially affect the result of the case. 20

    In the case at bar, the lower court found the testimonies of the prosecution witnesses credible and straightforward. They positively identified accused-appellant Jerson Acojedo. 21 In an attempt to discredit prosecution witness Mary Garde, the defense presented her as a hostile witness. Mary Garde’s testimony as a hostile witness 22 only served to bolster the prosecution’s evidence, thus:chanrob1es virtual 1aw library

    Q: Mrs. Garde, this affidavit the thumbmark of which has been identified by you is written in English, can you tell us what is your educational attainment?

    A: I have not gone to school. I am uneducated.

    Q: You have not ever gone to grade one?

    A: I have gone to grade one.

    x       x       x


    Q: Now, considering being in grade one, have you been taught in English, read and write English?

    A: No.

    Q: This affidavit of desistance which you have identified the thumbmark, is in English, can you tell us if you understood the affidavit of desistance?

    A: I did not understand.

    Q: Why, if you did not understand the contents of this affidavit, why did you put your thumbmark.

    A: Because I was just forced.

    Court: Who forced you? You were forced by whom?

    A: By the mother of the accused.

    Q: Do you mean to say, since you were forced you just sign the affidavit of desistance without understanding it?

    A: Yes.

    Q: Do you know the effect of placing your thumbmark in your affidavit?

    A: I do not know.

    Q: You did not know also that this affidavit contains as part thereof that it was not Jerson Acojedo who killed your husband?

    A: I did not know.

    Q: Why, what is the real truth?

    A: That Jerson Acojedo really killed my husband because I was present at the time of the incident.

    Lucia Tangeres, municipal clerk of court, and witness for the defense, testified that she translated the contents of the affidavit into the dialect, and after which, Mary Garde, accompanied by accused-appellant’s mother, affixed her thumb mark over the same. 23 However, she also stated that when she asked Mary Garde why she executed the affidavit, the latter replied that it was because of poverty and the distance from her place to the court in the poblacion. 24 An affidavit of desistance is regarded with suspicion as it can be easily obtained through intimidation, 25 and attains no probative value in light of the affiant’s testimony to the contrary.

    Accused-appellant Jerson’s and his mother’s conflicting testimonies further weaken his defense of alibi. Accused- appellant Jerson testified that it would take two (2) hours to walk from his place to where the dance was held. 26 His mother, on the other hand, testified that it would take only thirty (30) minutes to go to barangay Humay-humays. 27

    The testimony of defense witness Dorie Talledo, barangay captain of Humay-humay, 28 has been discredited inasmuch as it was established that she is the aunt of accused-appellant Jerson Acojedo. 29 Relationship per se does not affect the credibility of a witness. However, in the case at bar, Dorie Talledo’s relationship with accused-appellant, taken together with the self-serving and conflicting testimonies of accused-appellant and his mother, assumes importance. "Indeed, blood relatives tend to be naturally protective of each other and are not above giving false testimonies in favor of one another, especially a relative in danger of being convicted." 30

    Lastly, we agree with the trial court that treachery attended the commission of the crime. There is overwhelming evidence to show that the victim, Joel Garde, was totally unaware of the attack and was defenseless when he was stabbed at the back. Thus: 31

    Q: May I know from you which side or part of the dance hall was your husband being stabbed by Jerson Acojedo?

    A: Quite a distance from the dance hall because he had to urinate, then he was stabbed at the back.

    Q: Could you demonstrate or show to this Court that relative position of your husband to Jerson Acojedo when he was being stabbed?

    A: Jerson Acojedo was facing the back of my husband, the first stabbed it hit at the back and pulled out his weapon again and stabbed my husband the second time and that’s the time my husband fell down to the ground.

    Q: You mean, the back of your husband was facing Jerson Acojedo at the time he was hacked.

    A: Yes.

    Q: You said your husband fell to the ground after being stabbed by Jerson Acojedo two times. You being the wife, what was your reaction, if any?

    A: I shouted for help and told them help because my husband fell down.

    Q: How about Jerson Acojedo what did he do after stabbing your husband two times?

    A: Jerson Acojedo ran away.

    The victim’s son, Joel Garde, Jr., then fourteen (14) years old, testified 32 in this wise:chanrob1es virtual 1aw library

    Q: You mean your father was stabbed to death by Jerson Acojedo on May 4, 1993?

    A: Yes.

    Q: He was stabbed at about 1:00 o’clock early morning?

    A: Yes.

    Q: Can you tell the Honorable Court when he was stabbed by Jerson Acojedo?

    A: When he was urinating.

    INTERPRETER: The witness is demonstrating how his father was stabbed by Jerson Acojedo.

    Q: Where was Jerson Acojedo when he stabbed your father, was he in front of your father or at the back of your father?

    A: At the back.

    Q: Where were you when your father was stabbed by Jerson Acojedo?

    A: I was near him.

    Q: At the back of your father?

    A: Yes.

    Q: More or less, how far were you at the back of your father?

    A: About one meter.

    x       x       x


    Q: Now, after your father was stabbed by Jerson Acojedo, did he say something?

    A: No, he immediately died after being stabbed.

    x       x       x


    Q: After Jerson Acojedo stabbed your father and your father died, what did Jerson Acojedo do?

    A: He ran away after stabbing

    Q: Could you tell us how long after was Jerson Acojedo arrested by the authorities?

    A: It took long because he fled.

    Q: More or less how long?chanrob1es virtua1 1aw 1ibrary

    A: More or less three months.

    The sudden and unexpected attack on an unsuspecting victim constitute treachery. 33

    We rule out, however, the presence of the aggravating circumstance of evident premeditation. "To establish evident premeditation, there must be proof of (a) the time when the accused determined to commit the crime; (b) an overt act manifestly indicating that the accused clung to his determination to commit the crime; and, (c) the lapse of a sufficient period of time between the determination and the execution of the crime, to allow the accused an opportunity to reflect upon the consequences of the act." 34 The evidence is not sufficient to prove that all these elements attended the commission of the crime.

    The trial court failed to award moral damages to the heirs of the victim. Moral damages maybe awarded in a murder case to the heirs of the victim without need of proof of moral suffering. 35

    WHEREFORE, the Court AFFIRMS with modification the decision of the Regional Trial Court, Dumaguete City, Branch 44, in Criminal Case No. 934-G, sentencing accused-appellant Jerson Acojedo y Emia to reclusion perpetua and to indemnify the heirs of the victim in the amount of P50,000.00.

    In addition, he shall pay the heirs of the victim P50,000.00 as moral damages, and costs.

    SO ORDERED.

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

    Endnotes:



    1. In Criminal Case No. 934-G, decision dated March 16, 1999. Judge Alvin L. Tan, presiding (Original Record, pp. 242-251; Rollo, pp. 18-29).

    2. Accused signed his name as "Jelson Acojido" in the subpoenas served on him (Original Record, pp. 21. 79, 94, 111, 127, 141).

    3. Original Record, pp. 1-2.

    4. Original Record, p. 31.

    5. Ibid., p. 32.

    6. TSN, March 24, 1994, p. 6.

    7. TSN, October 6, 1994, p. 11.

    8. Ibid., pp. 18-21.

    9. TSN, March 24, 1994, p. 5; TSN, October 6, 1994, pp. 6-9.

    10. TSN, March 24, 1994, pp. 8-9.

    11. Exh. "B", Original Record, p. 6.

    12. TSN, December 2, 1994, pp. 8-11.

    13. TSN, August 2, 1996, pp. 7-11.

    14. TSN, September 9, 1998, pp. 5-6.

    15. Exh. "1", Original Record, p. 239.

    16. Exh. "2", Original Record, p. 154; TSN, September 23, 1996, p. 3.

    17. Original Record, pp. 242-251; Rollo, pp. 18-29.

    18. Original Record, p. 252; Rollo, p. 30. On November 22, 1999, we accepted the appeal (Rollo, p. 32).

    19. Appellant’s Brief, Rollo, pp. 48-65.

    20. People v. Bahatan, 349 Phil. 205, 218 (1998), citing People v. Villas, 343 Phil. 166, 180 (1997).

    21. TSN, January 31, 1995, p. 3.

    22. TSN, September 23, 1996, pp. 7-8 (Emphasis supplied).

    23. TSN, December 5, 1995, pp. 7-8, 12.

    24 TSN, December 5, 1995, p. 11.

    25 People v. Castillo, G. R. No. 139339, January 19, 2001.

    26 TSN, August 2, 1996, p. 6.

    27. TSN, September 9, 1998, p. 10.

    28. TSN, May 22, 1998, p. 2.

    29. TSN, September 23, 1996, p. 9.

    30. People v. Cortez, G.R. No. 131924, December 26, 2000.

    31. TSN, March 24, 1994, pp. 7-8 (Emphasis supplied).

    32. TSN, January 31, 1995, pp. 4-7 (Emphasis supplied).

    33. People v. Maderas, G.R. No. 138975, January 29, 2001; People v. Cachola, G.R. No. 135047, March 16, 2001; People v. Sarmiento, G.R. No. 126145, April 30, 2001.

    34. People v. Cortez, G.R. No. 131924, December 26, 2000, citing People v. Francisco, 315 SCRA 114, 127 [1999]; People v. Quinao, 336 Phil. 475, 492 [1997].

    35. People v. Sullano, 331 SCRA 649, 662 [2000].

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


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