ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. Nos. 132066-67. November 29, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BALAS MEDIOS and RUBEN CABURAL, Accused,

    BALAS MEDIOS, Accused-Appellant.

    D E C I S I O N


    QUISUMBING, J.:


    On appeal is the decision dated October 20, 1997, of the Regional Trial Court of Lingayen, Pangasinan, Branch 37, in Criminal Case Nos. 3411-R and 3412-R, finding appellant guilty of murder and attempted murder. In said decision the trial court decreed:chanrob1es virtual 1aw library

    WHEREFORE, judgment is hereby rendered —

    (1) Under Criminal Case No. 3411-R, finding the accused Balas Medios guilty beyond reasonable doubt of the crime of MURDER, defined and penalized under Article 248 of the Revised Penal Code, and he is hereby sentenced to suffer the penalty of imprisonment of RECLUSION PERPETUA, and to indemnify the heirs of Jose "Jinggoy" Deguerto in the amount of P50,000.00.

    (2) Under Criminal Case No. 3412-R, finding the accused, Balas Medios guilty beyond reasonable doubt of the crime of ATTEMPTED Murder, defined and penalized under Article 248, in connection with Articles 6 and 51 of the Revised Penal (Code, and he is hereby sentenced to suffer the penalty of imprisonment under the Indeterminate Sentence Law, of Three (3) Months of arresto mayor to three (3) Years and Three (3) Months of prision correccional.

    And to pay costs.

    SO ORDERED. 1

    In an information dated March 3, 1993, Assistant Provincial Prosecutor Jose Israel charged appellant with the crime of murder, docketed as Criminal Case No. 3411-R, committed as follows:chanrob1es virtual 1aw library

    That on or about the 7th day of December, 1992, in Brgy. San Miguel, municipality of Balungao, province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being then armed with boloes (sic), conspiring, confederating and mutually helping one another, with intent to kill with treachery and evident premeditation and taking advantage of superior strength, did then and there, willfully (sic), unlawfully, and feloniously attack and hack Jose Deguerto 2 on the different (parts) of his body, inflicting upon him the following injuries:chanrob1es virtual 1aw library

    Hacking wound, 14 cm from superciliary (eyebrow) to zygomatic area extending to stermocleidomastoid (near clavicle) (L)

    Hacking wound, 4 cm clavicle (middle) (L)

    Hacking wound, 4 cm neck (R)

    Abrasion, linear, 8 cm neck (R)

    Avulsion of skin, abdomen (L) at level of 12th rib.

    which caused the death of Jose Deguerto as a consequence, to the damage and prejudice of the heirs of the said deceased.

    Contrary to Article 248, Revised Penal Code. 3

    In the other information of even date, appellant was charged with the crime of frustrated murder, docketed as Criminal Case No. 3412-R, committed as follows:chanrob1es virtual 1aw library

    That on or about the 7th day of December, 1992, in Brgy. San Miguel, municipality of Balungao, province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being then armed with boloes (sic), conspiring, confederating and mutually helping one another, with intent to kill, with treachery and evident premeditation and taking advantage of superior strength, did then and there, wilfully, unlawfully and feloniously attack and hack Artemio Palpallatoc 4 on the different parts of his body, the accused having thus performed all the acts of execution which would have produced the crime of Murder as a consequence but which nevertheless did not produce it by reason of causes independent of the will of the accused and that is due to the timely medical assistance rendered to the offended party which prevented his death, to his damage and prejudice.

    Contrary to Article 248, in relation to Articles 6 and 50, Revised Penal Code. 5

    Only appellant was arrested while his co-accused Ruben Cabural remains at large. Upon arraignment, appellant, assisted by counsel, entered a plea of not guilty to both charges. Thereafter, trial on the merits ensued.chanrob1es virtua1 1aw 1ibrary

    The prosecution evidence is summarized by the trial court as follows:chanrob1es virtual 1aw library

    On December 7, 1992, at between the hours of 7:00 and 8:00 o’clock in the evening, three (3) men — namely, 42-year old Artemio Palpal-latoc, 32-year old Manolito C. Ramos, and 43-year old Jose R. de Guerto — were walking along the barangay road at Barangay San Miguel, Balungao, Pangasinan, proceeding west to get Artemio Palpal-latoc’s water pump. Suddenly, as they approached the culvert, two (2) men, whom they recognized to be Balas Medios and Ruben Cabural, emerged from both sides of the road armed with boloes (sic) and stopped them, saying "Here are the two persons we are waiting for" and, immediately, Ruben Cabural stabbed and hacked Artemio Palpal-latoc, hitting him first on the forehead above his left eye, then on his left shoulder and different parts of his body including his left thigh where the blade of the bolo broke and got stuck, then on the stomach and armpit when the bolo no longer had the pointed blade. Simultaneously, Balas Medios stabbed and hacked at Jose de Guerto and Artemio Palpal-latoc. Ruben Cabural also stabbed Manolito Ramos, but the latter evaded the thrust and was able to run away unhurt.

    After being hacked and stabbed on different parts of his body, Artemio Palpal-latoc ran away, and, as he was running, he felt something sticking in his left thigh, and when he looked, he saw the broken blade of the bolo that was thrust at him by Ruben Cabural, stuck through and through at his left thigh, and removed it by himself. He went to the house of his sister-in-law, 56-year old Lolita Mendijar, a sister of his wife, calling for her husband, Rodrigo Mendijar. They went out, he told them he was stabbed by Balas Medios and Cabural. They accompanied him on a tricycle to the hospital, dropping by the house of Brgy. Kagawad Remedios Cacananta; Palpal-latoc turned over to her the broken pointed blade of the bolo; and she rode with them on the tricycle to the hospital.

    Neither Artemio Palpal-latoc nor Manolito Ramos knew what happened to their companion, Jose de Guerto, who they last saw being hacked and stabbed by Balas Medios with a bolo. It was not until the following morning, at about 8:00 o’clock that they came to know that Jose de Guerto was found lying dead at the middle of the barangay road, about 50 meters away from where he and his companions were attacked the previous night. 6

    Dr. Ingrid Gancenia, Municipal Health Officer, Rosales, Pangasinan, conducted an autopsy on the cadaver of Jose Deguerto. Her autopsy report showed that Deguerto sustained the following injuries: hacking wound, 14 cm. from superciliary (eyebrow) to zygomatic arch extending to stermocleidomastoid (near clavicle, L); hacking wound, 4 cm. clavicle (middle, L); hacking wound, 4 cm. neck (R); abrasion, linear, 8 cm. neck (R); avulsion of skin, abdomen (L) at level of 12th rib. She opined that the cause of death is hemorrhagic shock due to hacking wounds. 7 Her testimony was dispensed with in view of the manifestation of the defense admitting the aforesaid autopsy report and the findings contained therein. 8

    Dr. Reynaldo Ordoñez of Ordoñez Medical and Children’s Clinic, Poblacion, Villasis, Pangasinan, treated Artemio Palpal-latoc. The attending physician found that the patient sustained the following injuries: stab wound, distal third through and through, entrance — anterior, exit — posterior; stab wound, 0.5 inch, shoulder (L); wound, incised, eyebrow (L). He stated that the wound on the left thigh of Palpal-latoc which is through and through could have been caused by a bolo. He opined that had the wound not been sutured and Palpal-latoc not injected with anti-tetanus serum, the latter would have died. He said that the injury will heal in about two weeks if no complication occurs. 9

    Appellant maintained his innocence. He put up the defense of alibi, presenting his own testimony and that of his brother, Amado Medios.

    The trial court summed up appellant’s story as follows:chanrob1es virtual 1aw library

    . . . On December 7, 1992, at between 7:00 and 8:00 in the evening Amado Medios, his brother Balas, and their parents, Epifanio and Lolita Medios were in their house in Brgy. San Miguel, Balungao, Pangasinan. They had their supper at past 7:00 P.M., and they slept beside each other at about 8:00 o’clock that evening. The following day, December 8, 1992, they came to know of the incident that took place on the night December 7, about one kilometer away from their house wherein Jose (’ "Jinggoy’’) Deguerto was stabbed to death and Artemio Palpalatoc (sic) suffered stab wounds. Accused Balas Medios learned of the incident from one Simeon Cachicho, a neighbor of Artemio Palpalatoc (sic). 10

    His brother, Amado Medios, corroborated appellant’s testimony.

    Gil Villapa, the barangay captain of San Miguel, also testified and lent some degree of persuasiveness to appellant’s story. However, we note that Villapa’s wife is a sister of appellant’s mother. According to Villapa, he was not aware of any unusual incident in his barangay on the night of the incident and it was only the following morning that he was informed that Deguerto was stabbed to death with a bolo the previous night.chanrob1es virtua1 1aw 1ibrary

    The trial court found the testimonies of prosecution witnesses credible. In contrast, it found appellant’s alibi unworthy of belief. Accordingly, the court held that appellant is guilty of murder and attempted murder, and sentenced him per the abovequoted judgment dated October 20, 1997. Expectedly, appellant filed his notice of appeal. In his brief, he assigns the following errors:chanrob1es virtual 1aw library

    I


    THE COURT A QUO ERRED IN APPRECIATING THE EXISTENCE OF CONSPIRACY IN THE CASE AT BAR.

    II


    THE COURT A QUO GRAVELY ERRED IN GIVING FULL FAITH AND CREDENCE TO THE TESTIMONIES OF ARTEMIO PALPALLATOC AND MANOLITO RAMOS.

    III


    THE COURT A QUO ERRED IN FINDING ACCUSED-APPELLANT BALAS MEDIOS GUILTY BEYOND REASONABLE DOUBT OF THE CRIMES OF MURDER AND FRUSTRATED MURDER DEFINED AND PENALIZED UNDER THE PROVISIONS OF THE REVISED PENAL CODE. 11

    At the heart of these assigned errors is the issue of the credibility of the witnesses. Secondarily, we must determine the existence of conspiracy and treachery.

    Appellant contends that the trial court erred in giving credence to the testimonies of Palpal-latoc and Ramos. He points out that the testimonies of said prosecution witnesses conflict with each other such as when Palpal-latoc declared that both appellant and Cabural were armed with bolos while Ramos stated that only one bolo was used by the two accused. Appellant insists that only Cabural is responsible for the crimes. He strongly disagrees with the findings of the trial court that there was conspiracy in the commission of the crimes. He argues that the prosecution failed to establish the existence of a previous agreement between appellant and Cabural to kill Deguerto and injure Palpal-latoc. Neither did the prosecution show that both accused acted concertedly towards a common purpose. 12

    After examining carefully the testimonies of witnesses for the prosecution as well as the defense, we find appellant’s contentions devoid of merit. We agree with the trial court in giving full faith and credence to the testimonies of Palpal-latoc and Ramos who categorically declared that appellant and Cabural attacked and stabbed them on the evening of December 7, 1992. On the witness stand, Palpal-latoc declared that as they (he, Ramos and Deguerto) were walking along the barangay road, appellant and Cabural emerged from both sides of the road and stopped them. The two accused shouted, "Here are the two persons we are waiting for," and immediately stabbed them with their bolos. Cabural attacked Palpal-latoc and Ramos while appellant hacked Deguerto and Palpal-latoc. Palpal-latoc stated that he was hit on his head near his left eye, and on his left shoulder, left thigh and his abdomen. The blade of the bolo even stuck to his left thigh. Ramos corroborated Palpal-latoc’s testimony. He declared that he was the one attacked first by Cabural but he managed to escape. He stated that appellant and Cabural also attacked his companions and even shouted, "We will kill you."cralaw virtua1aw library

    Admittedly, the testimonies of Palpal-latoc and Ramos do not jibe on the number of bolos used by the accused. While Palpal-latoc said that the accused have their respective bolos, Ramos stated that only one weapon was used by the accused. In view of the lapse of time and different capacities for observation, however, the witnesses cannot be expected to recall with accuracy or uniformity all matters connected to the main overt act. At any rate, the autopsy report and medico-legal findings are consistent with the testimonies of prosecution witnesses that Deguerto and Palpal-latoc sustained injuries which were apparently caused by a bolo.

    Moreover, there is no reason to doubt the positive identification of the appellant by Palpal-latoc and Ramos. The said prosecution witnesses and the accused have known each other for a long time since they reside in the same barangay. The encounter among them was so close there was no way for the witnesses to have mistaken the identities of the accused. Besides, appellant has failed to prove any improper motive on the part of prosecution witnesses to falsely impute to him crimes as grave as murder.

    Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. The agreement to commit a crime may be deduced from the mode and manner of the commission of the offense or inferred from the acts that point to joint purpose and design, concerted action and community of intent. It is sufficient that at the time of the aggression, all the accused manifested by their acts, a common intent or desire to attack so that the act of one accused becomes the act of all. 13

    In this case, each of the accused performed specific acts in the commission of the crimes with clear coordination, indicating a common purpose. The accused waiting in ambush, one at each side of the road, suddenly attacked one victim and then the other, upon the signal, "Here are the two persons we are waiting for." As Palpal-latoc declared, while Cabural was stabbing him (Palpal-latoc), appellant was hacking Deguerto. And while the attack was ongoing, Accused even shouted, "We will kill you." Clearly, there was singleness of purpose existing between the two accused, which undeniably indicate the existence of conspiracy. Since the accused were in conspiracy through their concerted acts, there is collective criminal responsibility. Both conspirators are liable as principals regardless of the extent and character of their participation, because the act of one is the act of both.

    We agree with the trial court that the killing of Deguerto was qualified by treachery. The essence of treachery is the sudden and unexpected attack by an aggressor without the slightest provocation on the part of the victim, depriving the latter of any real chance to defend himself, thereby ensuring its commission without risk to the aggressor. 14 As the trial court observed, the two accused, one at each side of the road, waited in ambush before suddenly stabbing and hacking their unsuspecting and defenseless victims, resulting in the death of Deguerto and causing injuries to Palpal-latoc.

    Appellant asserts that he was at home with his family when the crime was committed. This defense scarcely deserves consideration. The well-settled rule is that alibi is a weak defense which cannot prevail over positive identification of the accused by credible witnesses, as in this case. Further, alibi is hardly believable when posited only by the accused and his family members and associates.chanrob1es virtua1 1aw 1ibrary

    In Criminal Case No. 3412-R, wherein appellant was indicted for frustrated murder, the trial court convicted appellant of attempted murder on the ground that the injuries suffered by Palpal-latoc were superficial. There is evidence, however, that were it not for timely medical assistance, Palpal-latoc would have also died like Deguerto. Dr. Ordoñez testified that the through and through wound on the left thigh sustained by Palpal-latoc as a result of stabbing was sufficient to cause his death had this wound and his other injuries been left untreated. In other words, the thigh wound would have been fatal without anti-tetanus injection. Moreover, it must be stressed that it is not the gravity of the wounds alone which determines whether a felony is attempted or frustrated, but whether or not the subjective phase in the commission of an offense has been passed and the objective phase has been reached. As held in People v. Listerio: 15

    The reasoning of the lower court on this point is flawed because it is not the gravity of the wounds inflicted which determines whether a felony is attempted or frustrated but whether or not the subjective phase in the commission of an offense has been passed. By subjective phase is meant" [t]hat portion of the acts constituting the crime included between the act which begins the commission of the crime and the last act performed by the offender which, with the prior acts, should result in the consummated crime. From that time forward, the phase is objective. It may also be said to be that period occupied by the acts of the offender over which he has control — that period between the point where he begins and the point where he voluntarily desists. If between these two points the offender is stopped by reason of any cause outside of his own voluntary desistance, the subjective phase has not been passed and it is an attempt. If he is not so stopped but continues until he performs the last act, it is frustrated."cralaw virtua1aw library

    It must be remembered that a felony is frustrated when: 1.] the offender has performed all the acts of execution which would produce the felony; 2.] the felony is not produced due to causes independent of the perpetrator’s will. On the other hand, in an attempted felony: 1.] the offender commits overt acts to commence the perpetration of the crime; 2.] he is not able to perform all the acts of execution which should produce the felony; and 3.] his failure to perform all the acts of execution was due to some cause or accident other than his spontaneous desistance.

    Suffice it to state that the intent to kill of the malefactors who were armed with bolos can hardly be doubted given the circumstances of the present case. Considering further that the injuries sustained by Palpal-latoc as a result of stabbing were sufficient to cause his death had these been left untreated, we find that the felony committed is not attempted but frustrated murder.chanrob1es virtua1 1aw 1ibrary

    The penalty for frustrated murder is the penalty next lower in degree than that prescribed by law for the consummated felony, hence in this case the penalty imposable is prision mayor maximum to reclusion temporal medium. Applying the Indeterminate Sentence Law and in the absence of other modifying circumstances, the proper penalty for frustrated murder should be eight (8) years of prision mayor minimum as minimum to fourteen (14) years and eight (8) months of reclusion temporal minimum as maximum. 16

    WHEREFORE, the judgment of the Regional Trial Court of Lingayen, Pangasinan, Branch 37, in Criminal Case No. 3411-R, is AFFIRMED. Appellant BALAS MEDIOS is declared GUILTY of the crime of MURDER and is sentenced to suffer the penalty of reclusion perpetua and to pay the heirs of the victim, Jose Deguerto, the amount of P50,000 as civil indemnity. However, the judgment in regard to Criminal Case No. 3412-R, is MODIFIED. Appellant is found GUILTY beyond reasonable doubt of FRUSTRATED MURDER and he is hereby sentenced to suffer the indeterminate penalty ranging from eight (8) years of prision mayor minimum as minimum to fourteen (14) years and eight (8) months of reclusion temporal minimum as maximum.

    SO ORDERED.

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

    Buena, J., on official leave.

    Endnotes:



    1. Rollo, pp. 65-66.

    2. Also referred as "De Guerto" in the records.

    3. RTC Records, Criminal Case No. 3411-R, p. 1.

    4. Also referred as "Palpal-latoc" in the records.

    5. RTC Records, Criminal Case No. 3412-R, p. 1.

    6. Rollo, pp. 61-62.

    7. RTC Records, Criminal Case No. 3411-R, p. 5.

    8. TSN, September 12, 1994, pp. 3-4.

    9. TSN, October 12, 1994, pp. 3-13.

    10. Rollo, p. 63.

    11. Id. at 40.

    12 Id. at 51-56.

    13. People v. Baltar, Jr., G.R.. No. 125306, December 11, 2000, p. 8.

    14. People v. Tan, G.R.. No. 132324, 315 SCRA 375, 393 (1999).

    15. G.R. No. 122099, 335 SCRA 40, 62-63 (2000), citing Aquino and Griño-Aquino, I Rev. Penal Code, 98-109 (1997 ed.).

    16. People v. Francisco, G.R. Nos. 118573-74, 332 SCRA 305, 338 (2000).

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


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED