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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. 132743   November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 132743. November 22, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARCIAL CAÑARES Y ORBES, Accused-Appellant.

    D E C I S I O N


    QUISUMBING, J.:


    On appeal is the decision 1 dated January 24, 1997, of the Regional Trial Court, Branch 22, Cagayan De Oro City, finding the accused-appellant Marcial Cañares guilty of murder and sentencing him to suffer the penalty of reclusion perpetua; to indemnify the heirs of the victim, Gerson Luceñara, in the amount of P50,000; and to pay P30,000 as moral damages, P20,000 as actual damages, and the costs.chanrob1es virtua1 1aw 1ibrary

    Appellant was charged under the following Information:chanrob1es virtual 1aw library

    That on August 25, 1993 at about 7:20 P.M., more or less, at De Castro Street, Carmen, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the above named accused, without any justifiable cause and with intent to kill, armed with a .38 caliber revolver which he was conveniently provided, with treachery and evident premeditation, did then and there, wilfully, unlawfully and feloniously attack, assault and use personal violence upon the person of one Gerson Luceñara, by then and there shooting him twice with the firearm he was provided, thus inflicting two (2) serious and mortal wounds on said victim, namely at the back of the head and center of the abdomen, causing said victim’s untimely death.

    Contrary to Article 248 of the Revised Penal Code.

    Cagayan de Oro City, Philippines, September 2, 1993. 2

    On November 3, 1993, appellant pleaded not guilty. Trial on the merits followed, with the prosecution presenting Luis Alsola and Jovelindo Corrales as eyewitnesses.chanrob1es virtua1 1aw 1ibrary

    LUIS ALSOLA testified that on August 25, 1993, at about 7:20 P.M., Gerson Luceñara and he were on their way home after their duty as security guards at Gaisano shopping mall when appellant, who was about 2 meters away, shot Luceñara. He recalled that when Luceñara was hit at the back of his head, the latter bent towards the ground and turned around as he dropped on his back. Appellant shot Luceñara again hitting him in the center of the abdomen. Then appellant fled. As he did, appellant passed between him and Jovelindo Corrales. Alsola said he was sure the assailant was Marcial Cañares. Alsola added that he tried to chase appellant but the latter was already far, so he went back to Luceñara and brought him to the hospital. At the City Hospital, Luceñara was pronounced dead on arrival. 3

    JOVELINDO CORRALES corroborated Alsola’s testimony. 4

    GREGORIA LUCEÑARA, mother of the victim, testified on the expenses she incurred as a result of her son’s death.

    For the defense, Adelo Ayuban, Estemio Reyes, and Virginia de los Reyes were presented as witnesses. They testified that a certain Roy Velos — and not appellant Marcial Cañares — was the one who killed Luceñara.

    ADELO AYUBAN testified that on August 25, 1993, he was at the Carmen Public Market, in his usual place, selling coconuts, when he heard two shots coming from the area of the First Community Credit Cooperative (FICCO) at V. Castro St., Carmen, Cagayan de Oro City. He headed towards the place and on his way, he met Roy Velos, running from the scene of the crime. Two men were pursuing him. Velos’ face was covered with a handkerchief but it fell as Velos rushed towards him. 5

    ESTEMIO REYES testified that on August 25, 1993, at around 7:30 P.M., he was at the Public Market along Dabatian Street at Carmen, Cagayan de Oro City, selling vegetables when he saw Roy Velos with a pistol and with his face covered by his jacket. He recognized him because while he was running, he hit his stall which moved his jacket, thus, revealing his face. 6

    VIRGINIA DE LOS REYES testified that on August 25, 1993, at around 7:00 P.M., she was at FICCO, Carmen Market, near Castro Street, buying potatoes when she saw Roy Velos shoot the victim with a pistol. She knew Roy Velos because he was her neighbor and he frequented her dress shop. She also recalls that Velos was then wearing shorts, a "Chalico" vest, a hat, and a towel covering his face. 7

    On the witness stand, appellant MARCIAL CAÑARES denied the accusation against him and alleged by way of alibi that he was inside the Gothic Theater watching a movie from 6:30 P.M. to 9:00 P.M. at the time Luceñara was killed. 8

    In its decision dated January 24, 1997, the trial court rendered its decision as follows:chanrob1es virtual 1aw library

    WHEREFORE, the accused Marcial Cañares y Orbes is found guilty beyond reasonable doubt of the crime of murder, and accordingly, he is sentenced to suffer the penalty of reclusion perpetua; likewise orders him to indemnify the heirs of the victim the sum of P50,000.00, for the latter’s death; P30,000.00, for moral damages they suffered; P20,000.00, for actual damages and to pay the costs.

    SO ORDERED. 9

    Aggrieved, appellant interposed this instant appeal, assigning the following errors:chanrob1es virtual 1aw library

    2.1 THAT THE TRIAL COURT COMMITTED SERIOUS ERRORS IN THE APPRECIATION OF THE EVIDENCE OF THE DEFENSE AND ALSO COMMITTED SERIOUS ERRORS IN APPLICATION OF THE LAW AND JURISPRUDENCE INVOLVED, SUCH THAT THE CRIME CHARGED WAS NOT BASED ON THE UNDISPUTED FACTS UNREBUTTED TESTIMONIES OF THE WITNESSES FOR THE ACCUSED, HENCE, THE CRIME CHARGED FOR MURDER WAS NOT PROVEN BY PROOF BEYOND REASONABLE DOUBT

    x       x       x


    4.0 THE PROSECUTION HAD NOT PROVEN THE GUILT OF THE ACCUSED BEYOND REASONABLE DOUBT DUE TO THE POSITIVE TESTIMONIES OF THE WITNESSES FOR THE DEFENSE THAT ROY VELOS WAS THE ONE WHO SHOT GERSON LUCEÑARA AND NOT THE ACCUSED MARCIAL CAÑARES

    x       x       x


    5.0 THE ACCUSED MARCIAL CAÑARES BE ACQUITTED BECAUSE HIS GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT. 10

    Essentially, the issues raised involve the identification of the offender and the credibility of witnesses and their testimonies.

    Appellant claims in his brief that another person killed Gerson Luceñara and that he was only framed. He attacks the credibility of the prosecution witnesses saying that it was highly unlikely for them to have recognized him considering that (1) the incident happened fast, (2) they did not know the appellant prior to the crime, and (3) they were able to identify the appellant only in court and after a lapse of one year.chanrob1es virtua1 1aw 1ibrary

    The Solicitor General, for the State, points out that the testimonies of prosecution witnesses Alsola and Corrales, being candid, straightforward and positive must prevail over the negative assertions of the appellant. In his view, the testimonies of the defense witnesses, who were appellant’s neighbors and friends, deserve little merit since they were biased witnesses. He contends that friendship between a witness and a party is frequently just as powerful an influence in shaping the testimony of a witness as any mercenary motive.

    Well-enshrined in jurisprudence is the principle that when the issue is one of credibility of witnesses, appellate courts will not generally disturb the findings of the trial court, 11 unless it has plainly overlooked certain facts of substance and value that, if considered, might affect the result of the case. 12 This is because the trial judge is in a better position to decide the question of credibility since he has personally heard the witnesses and observed their deportment and manner of testifying. 13 While it is true that the defense presented three witnesses who swore that it was a different person who committed the crime, the trial court disbelieved their testimonies on substantial grounds. For one, the records show that defense witnesses Ayuban and Reyes did not actually see the shooting. They merely saw a Roy Velos, running away from the scene of the crime, as opposed to the two prosecution witnesses who were right beside the victim when he was gunned down and who actually saw appellant shoot the victim. Strangely, Ayuban, De los Reyes and Reyes got a look at Velos’ face because as he was passing them, the cover of his face (a handkerchief according to Ayuban, a towel according to delos Reyes and a jacket according to Reyes) dropped or moved and conveniently unmasked appellant’s face.

    Further, we find Ayuban’s testimony full of loopholes and inconsistencies. Note that when asked when he first saw Roy Velos, Ayuban first answered that it was on August 25, 1993, to wit:chanrob1es virtual 1aw library

    Q: Was that your first time to see the person of Roy Velos on August 25, 1993?

    A: Yes. 14

    He changed his answer later and testified that he first saw Velos on the 24th of August, 1993.

    Q: When was the time you saw this Roy Velos in his house?

    A: On August 24, 1993 in the evening, I saw Roy Velos.

    Q: What time?

    A: At 10:00 o’clock

    x       x       x


    Q: The first time that you saw Roy Velos was on August 24, 1993 at 10:00 o’clock in the evening?

    A: Yes. 15

    Upon further prodding, however, Ayuban began flip-flopping in his answers:chanrob1es virtual 1aw library

    Q: And the first time you saw him on August 24, 1993, from whom did you know him?

    A: I know him for a long time.

    Q: So, you are changing your testimony now that the first time you saw Roy Velos was long time ago.

    A: The truth is August 24.

    Q: So, that was the only time you saw Roy Velos?

    A: Yes.

    Q: So, it is a wrong testimony on your part that you knew him before August 24, 1993?

    A: Yes.

    Q: When did you know that his name is Roy Velos?

    A: Before, I knew him in the basketball court

    Q: You also testified before this court that you knew Roy Velos before August 24 — which is which now? August 24 or before August 24?

    A: Before August 24 I already knew him.

    Q: So it is wrong to say that you saw Roy Velos on August 24, 1993?

    A: Yes 16

    Likewise, he also said he saw Velos running away from the scene of the crime right after he heard the gunshots. He stated that he saw two persons chasing him. However, in court, he testified that when he arrived at the crime scene, he did not see the body of Luceñara anymore. What he saw was only splattered blood. His testimony on this point is as follows:chanrob1es virtual 1aw library

    Q: So, upon seeing Roy Velos passed by, being ran after by the two men, you immediately proceeded to the place of the incident?

    A: Yes.

    Q: But when you went to the place of the incident which is only two arm’s length from you, the body of the victim was no longer there?

    A: Yes, I only saw the blood.

    Q: Now, you want, at least, this court to believe that with that distance of two arm’s length from the time you saw Roy Velos, you did not see anymore the body of the deceased?

    A: I only saw blood.

    Q: But the two people running after Roy Velos were the ones who took the body of the deceased?

    A: Yes.

    Q: And yet, you did not see the two persons carrying the dead body of the victim?

    A: I just knew from stories. 17

    Patently, Adelo Ayuban’s testimony is not only inconsistent but also directly contradicted the testimonies of Reyes and De los Reyes. Recall that Ayuban narrated that when he saw Velos, Velos had his face covered with a handkerchief which fell and exposed his face as he rushed by. On the other hand, Estemio Reyes alleged that when he saw Velos at roughly the same time in the same place, Velos’ face was covered by his jacket but the jacket "moved" and exposed his face when he bumped into Reyes’ stall. Contradicting both Ayuban and Reyes, witness Virginia De los Reyes testified that the face of Velos was covered by a towel, not a handkerchief or a jacket. These glaring contradictions undermine the credibility of the defense witnesses.chanrob1es virtua1 1aw 1ibrary

    Further, we find it strange that three witnesses who allegedly saw the real culprit did not tell anyone about what they knew during the investigation. They waited until appellant had already been apprehended. Most unusual, appellant himself chose to remain silent during the investigation and did not mention the name of Roy Velos as the gunman. Given these circumstances, we are inclined to believe that the testimonies of the defense witnesses were mere afterthoughts, fabricated to favor their neighbor, herein Appellant.

    As to the alibi of appellant that he was inside a moviehouse at the time of the shooting of Gerson Luceñara, between 6:30 to 9:00 P.M. of August 25, 1993, suffice it to state that appellant’s testimony on this point is uncorroborated. It is self-serving and deserves scant consideration.

    We only need to stress that the prosecution witnesses had no reason to particularly implicate appellant in a serious crime. No motive was shown to discredit their testimonies. With two positive identifications, the appellant’s weak alibi and bare denial cannot prevail. Alibi cannot stand against strong and positive identification. 18

    Further, appellant would want to discredit the testimony of Alsola. He mentions that Alsola said, "only saw him (Cañares) after shooting Gerson Luceñara because he was facing us when he ran away.’’ 19 He asks how was it possible for appellant to be facing the witnesses if appellant was running away. Our review of the transcript of stenographic notes on record reveals that appellant seems to have conveniently omitted the paragraph below:chanrob1es virtual 1aw library

    Court:chanrob1es virtual 1aw library

    I think the proper interpretation is- I only recognized him when he ran and passed me by, because the first time he fired his gun, the victim fell. 20

    Correctly read, the record would reveal that the witness saw appellant’s face because he was running towards them and passed them as he escaped.

    We also found grossly inaccurate appellant’s statement that the witnesses identified appellant only a year after the incident. Even before appellant was pointed to in court by the witnesses, Corrales had already identified appellant as the assailant as early as September 1, 1993. Corrales testified:chanrob1es virtual 1aw library

    Q: When was the second time when you saw Marcial Cañares?

    A: When he was apprehended

    Q: When was that

    A: September 1, 1993. 21

    Corrales identified appellant six days after he saw him shoot Luceñara. At that time, the picture of appellant as he fled was still vivid in the mind of the witness.

    Was the killing attended by treachery or alevosia, qualifying the crime to murder?

    On this score, we find that this qualifying circumstance was specifically alleged in the information. We also find that the trial court correctly appreciated this circumstance. 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 defense which the offended party might make. 22 For treachery to be considered a qualifying circumstance, two conditions must be satisfied: (a) the malefactor employed such means, method or manner of execution as to insure his or her safety from the defensive or retaliatory acts of the victim; and (b) the said means, method or manner was deliberately adopted. 23 The essence of treachery is that the attack is deliberate and without warning — done in a swift and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or to escape. 24 This was how Luceñara was attacked and killed. He was shot at the back of his head to insure that the killing was consummated without any risk to appellant, and again on Luceñara’s belly after he fell down. The killing was also totally unexpected since the victim was ambushed on his way home in the middle of the night.chanrob1es virtua1 1aw 1ibrary

    Finally, a modification of the damages is in order. The trial court awarded P20,000 as actual damages, not supported by evidence on record. Actual damages can be given only to claims which are duly supported by receipts. 25 Nonetheless, under Article 2224 in lieu of actual damages, temperate damages may be recovered as it has been shown that the victim’s family suffered some pecuniary loss although the amount cannot be proved with certainty. 26 For this reason, the P20,000 award shall be for temperate damages. Further, conformably with prevailing jurisprudence, moral damages is increased to P50,000. 27

    WHEREFORE, the decision of the Regional Trial Court of Cagayan de Oro City, Branch 22, finding MARCIAL CAÑARES guilty beyond reasonable doubt of murder and sentencing him to reclusion perpetua is AFFIRMED with MODIFICATION as to damages, so that the award of actual damages in the amount of P20,000 is deleted but, conformably with prevailing jurisprudence, the amount of moral damages is increased from P30,000 to P50,000; and P20,000, is hereby awarded also as temperate damages to be paid by appellant to the victim’s heirs, together with the costs.

    SO ORDERED.

    Bellosillo, Mendoza, Buena and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Rollo, pp. 14-28.

    2. Id., at 4.

    3. TSN, January 13, 1994, pp. 7-12.

    4. TSN, April 1 2, 1 994, pp. 6-11.

    5. TSN, June 22, 1994, pp. 7-8.

    6. TSN, October 28, 1994, pp. 4-6.

    7. TSN, January 24, 1995, pp. 5-11.

    8. TSN, September 21, 1995, p. 6.

    9. Rollo, pp. 27-28.

    10. Id at 49 57s 65

    11. People v. Cristobal, G.R. No. 116279, 252 SCRA 507, 515 (1996).

    12. People v. Hubilla, Jr., G.R. No. 114904, 252 SCRA 471, 478 (1996).

    13. People v. Conde, G.R. No. 112034, 252 SCRA 681, 688 (1996).

    14. TSN, June 22, 1994, p. 8.

    15. Id., at 9,17.

    16. Id., at 25-26.

    17. Id., at 26-27.

    18. People v. Dinglasan, G.R. No. 101312, 267 SCRA 26, 44 (1997).

    19. TSN, April 12, 1994, p. 15.

    20. Ibid.

    21. Id., at 20.

    22. People v. Galano, G.R. No. 111806, 327 SCRA 462, 475 (2000).

    23. People v. De la Cruz, G.R. No. 109619-23, 291 SCRA, 164, 184 (1998).

    24. People v. Zamora, G.R. No. 101829, 278 SCRA 60, 76 (1997)

    25. People v. Guillermo, G.R. No. 113787, 302 SCRA 257, 275 (1999).

    26. People v. Suplito, G.R. No. 104944, 314 SCRA 493, 504(1999).

    27. People v. Lopez, G.R. No. 119380, 312 SCRA 684, 702(1999); People v. Panida, G.R. Nos. 127125 and 138952, 310 SCRA 66, 98(1999); People v. Viovicente, G.R. No. 118707, 286 SCRA 1, 12 (1998).

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


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