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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
 

   
October-2001 Jurisprudence                 

  • G.R. No. 137841 October 1, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CHUA

  • G.R. No. 117512 October 2, 2001 - REBECCA ALA-MARTIN v. HON. JUSTO M. SULTAN

  • G.R. No. 120098 October 2, 2001 - RUBY L. TSAI v. HON. COURT OF APPEALS EVER TEXTILE MILLS

  • G.R. No. 124037 October 2, 2001 - PEOPLE OF THE PHILIPPINES v. REYNALDO DE GUZMAN

  • G.R. No. 126592 October 2, 2001 - ROMEO G. DAVID v. JUDGE TIRSO D.C. VELASCO, ET AL.

  • G.R. No. 129900 October 2, 2001 - JANE CARAS y SOLITARIO v. HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES

  • G.R. No. 133000 October 2, 2001 - PATRICIA NATCHER petitioner v. HON. COURT OF APPEALS AND THE HEIRS OF GRACIANO DEL ROSARIO-LETICIA DEL ROSARIO

  • G.R. No. 133895 October 2, 2001 - ZENAIDA M. SANTOS v. CALIXTO SANTOS, ET AL.

  • G.R. Nos. 135522-23 October 2, 2001 - PEOPLE OF THE PHIL. v. AMORSOLO G. TORRES

  • G.R. No. 137777 October 2, 2001 - THE PRESIDENTIAL AD-HOC FACT FINDING COMMITTEE, ET AL. v. THE HON. OMBUDSMAN ANIANO DESIERTO, ET AL.

  • G.R. No. 138322 October 2, 2001 - GRACE J. GARCIA v. REDERICK A. RECIO

  • G.R. No. 138929 October 2, 2001 - PEOPLE OF THE PHIL. v. FLORENTINO DEL MUNDO

  • G.R. No. 139050 October 2, 2001 - REPUBLIC OF THE PHILIPPINES v. THE COURT OF TAX APPEALS and AGFHA

  • G.R. No. 142877 October 2, 2001 - JINKIE CHRISTIE A. DE JESUS and JACQUELINE A. DE JESUS v. THE ESTATE OF DECEDENT JUAN GAMBOA DIZON

  • G.R. No. 125081 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. REMEDIOS PASCUA

  • G.R. No. 128195 October 3, 2001 - ELIZABETH LEE and PACITA YULEE v. REPUBLIC OF THE PHILIPPINES

  • G.R. Nos. 128514 & 143856-61 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. NILO LEONES

  • G.R. Nos. 142602-05 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. BONIFACIO ARIOLA

  • A.M. No. 01-6-192-MCTC October 5, 2001 - Request To Designate Another Judge To Try And Decide Criminal Case No. 3713

  • A.M. No. RTJ-01-1610 October 5, 2001 - ATTY. EDGAR H. TALINGDAN v. JUDGE HENEDINO P. EDUARTE

  • G.R. No. 124498 October 5, 2001 - EDDIE B. SABANDAL v. HON. FELIPE S. TONGCO Presiding Judge

  • G.R. No. 127441 October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS

  • G.R. No. 130499 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. PAMFILO QUIMSON @ "NOEL QUIMSON

  • G.R. No. 130962 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE REAPOR y SAN JUAN

  • G.R. No. 131040 October 5, 2001 - PEOPLE OF THE PHIL. v. MICHAEL FRAMIO SABAGALA

  • G.R. No. 132044 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO @ Tony EVANGELISTA Y BINAY

  • G.R. No. 132718 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE CASTILLON III and JOHN DOE

  • G.R. Nos. 135452-53 October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA

  • G.R. No. 139760 October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS

  • G.R. No. 144189 October 5, 2001 - R & M GENERAL MERCHANDISE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121948 October 8, 2001 - PERPETUAL HELP CREDIT COOPERATIVE v. BENEDICTO FABURADA

  • G.R. No. 123075 October 8, 2001 - PEOPLE OF THE PHIL. v. PEDRO L. NUELAN

  • G.R. No. 129926 October 8, 2001 - PEOPLE OF THE PHIL. v. NOLE M. ZATE

  • G.R. No. 137599 October 8, 2001 - PEOPLE OF THE PHILIPPINES v. GILBERT BAULITE and LIBERATO BAULITE

  • G.R. No. 138941 October 8, 2001 - AMERICAN HOME ASSURANCE COMPANY v. TANTUCO ENTERPRISES

  • G.R. No. 141297 October 8, 2001 - DOMINGO R. MANALO v. COURT OF APPEALS (Special Twelfth Division) and PAIC SAVINGS AND MORTGAGE BANK

  • A.M. No. 01-9-246-MCTC October 9, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ALIPIO M. ARAGON

  • G.R. No. 138886 October 9, 2001 - PEOPLE OF THE PHILIPPINES v. SP01 WILFREDO LEAÑO SP01 FERDINAND MARZAN SPO1 RUBEN B. AGUSTIN SP02 RODEL T. MADERAL * SP02 ALEXANDER S. MICU and SP04 EMILIO M. RAMIREZ

  • G.R. No. 141182 October 9, 2001 - HEIRS OF PEDRO CUETO Represented by ASUNCION CUETO v. HON. COURT OF APPEALS (SPECIAL FORMER FIRST DIVISION) and CONSOLACION COMPUESTO

  • A.M. No. 99-12-03-SC October 10, 2001 - RE: INITIAL REPORTS ON THE GRENADE INCIDENT THAT OCCURRED AT ABOUT 6:40 A.M. ON DECEMBER 6, 1999

  • G.R. No. 129313 October 10, 2001 - SPOUSES MA. CRISTINA D. TIRONA and OSCAR TIRONA v. HON. FLORO P. ALEJO as Presiding Judge

  • G.R. Nos. 135679 & 137375 October 10, 2001 - PEOPLE OF THE PHILIPPINES v. GODOFREDO RUIZ

  • G.R. No. 136258 October 10, 2001 - PEOPLE OF THE PHIL. v. CARLOS FELICIANO

  • A.M. No. 2001-9-SC October 11, 2001 - DOROTEO IGOY v. GILBERT SORIANO

  • A.M. No. RTJ-99-1485 October 11, 2001 - TEOFILO C. SANTOS v. JUDGE FELICIANO V. BUENAVENTURA

  • G.R. No. 80796 & 132885 October 11, 2001 - PROVINCE OF CAMARINES NORTE v. PROVINCE OF QUEZON

  • G.R. No. 118387 October 11, 2001 - MARCELO LEE v. COURT OF APPEALS and HON. LORENZO B. VENERACION and HON. JAIME T. HAMOY

  • G.R. Nos. 123913-14 October 11,2001

    PEOPLE OF THE PHIL. v. PABLO CALLOS

  • G.R. No. 130415 October 11, 2001 - PEOPLE OF THE PHILIPPINES v. ALVIN YRAT y BUGAHOD and RAUL JIMENA, ET AL.

  • G.R. No. 130562 October 11, 2001 - Brigida Conculada v. Hon. Court Of Appeals

  • G.R. No. 112526 October 12, 2001 - STA. ROSA REALTY DEVELOPMENT CORPORATION v. COURT OF APPEALS

  • G.R. No. 122710 October 12, 2001 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS and REMINGTON INDUSTRIAL SALES CORPORATION

  • G.R. Nos. 134769-71 October 12, 2001 - PEOPLE OF THE PHIL. v. ROBERTO BATION

  • G.R. No. 137843 October 12, 2001 - PEOPLE OF THE PHIL. v. EDUARDO S. AÑONUEVO

  • G.R. No. 139904 October 12, 2001 - PEOPLE OF THE PHIL. v. CONRADO MERCADO

  • G.R. No. 136470 October 16, 2001 - VENANCIO R. NAVA v. COMMISSION ON AUDIT

  • G.R. No. 140794 October 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO T. AGLIDAY

  • A.M. No. P-00-7-323-RTJ October 17, 2001 - RE: RELEASE BY JUDGE MANUEL T. MURO, RTC, BRANCH 54 MANILA, OF AN ACCUSED IN A NON-BAILABLE OFFENSE

  • A.M. No. P-00-1419 October 17, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MAGDALENA G. MAGNO

  • A.M. No. RTJ-97-1390 & AM RTJ-98-1411 October 17, 2001 - ATTY. CESAR B. MERIS v. JUDGE CARLOS C. OFILADA

  • G.R. No. 123137 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. PO2 ALBERT ABRIOL

  • G.R. No. 124513 October 17, 2001 - ROBERTO ERQUIAGA v. HON. COURT OF APPEALS

  • G.R. No. 127540 October 17, 2001 - EUGENIO DOMINGO v. HON. COURT OF APPEALS

  • G.R. No. 127830 October 17, 2001 - MANOLET LAVIDES v. ERNESTO B. PRE

  • G.R. No. 129069 October 17, 2001 - PEOPLE OF THE PHIL. v. JULIO R. RECTO

  • G.R. No. 129236 October 17, 2001 - PEOPLE OF THE PHIL. v. RAYMUNDO G. DIZON

  • G.R. No. 129389 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. TEODORICO UBALDO

  • G.R. Nos. 132673-75 October 17, 200

    PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ

  • G.R. No. 136291 October 17, 2001 - LETICIA M. MAGSINO v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 136869 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. DENNIS MAZO

  • G.R. No. 141673 October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.

  • G.R. No. 142726 October 17, 2001 - PEOPLE OF THE PHIL. v. APOLONIO ACOSTA

  • G.R. No. 143190 October 17, 2001 - ANTONIO P. BELICENA v. SECRETARY OF FINANCE

  • G.R. No. 143990 October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS

  • G.R. Nos. 121039-45 October 18, 2001 - THE PEOPLE OF THE PHILIPPINES v. MAYOR ANTONIO L. SANCHEZ

  • G.R. No. 132869 October 18, 2001 - GREGORIO DE VERA v. COURT OF APPEALS

  • G.R. No. 143486 October 18, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO DUMAGAY TUADA

  • G.R. No. 144735 October 18, 2001 - YU BUN GUAN v. ELVIRA ONG

  • G.R. No. 116285 October 19, 2001 - ANTONIO TAN v. COURT OF APPEALS and the .C.C.P

  • G.R. Nos. 121201-02 October 19, 2001 - THE PEOPLE OF THE PHILIPPINES plaintiff-appellee v. GIO CONCORCIO @ JUN

  • G.R. No. 129995 October 19, 2001 - THE PROVINCE OF BATAAN v. HON. PEDRO VILLAFUERTE

  • G.R. No. 130730 October 19, 2001 - HERNANDO GENER v. GREGORIO DE LEON and ZENAIDA FAUSTINO

  • G.R. No. 133002 October 19, 2001 - PEOPLE OF THE PHILIPPINES v. INTOY GALLO @ PALALAM

  • G.R. No. 137904 October 19, 2001 - PURIFICACION M. VDA. DE URBANO v. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)

  • A.M. No. 99-12-497-RTC October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN

  • G.R. No. 121267 October 23, 2001 - SMITH KLINE & FRENCH LABORATORIES v. COURT OF APPEALS, ET AL.

  • G.R. No. 124036 October 23, 2001 - FIDELINO GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124295 October 23, 2001 - JUDGE RENATO A. FUENTES v. OFFICE OF THE OMBUDSMAN-MINDANAO

  • G.R. No. 125193 October 23, 2001 - MANUEL BARTOCILLO v. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES

  • G.R. No. 130846 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROGELIO PAMILAR y REVOLIO

  • G.R. No. 131841 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. RUBEN VILLARMOSA

  • G.R. No. 132373 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. TIRSO ARCAY @ "TISOY" and TEODORO CLEMEN @ "BOY

  • G.R. No. 134740 October 23, 2001 - IRENE V. CRUZ v. COMMISSION ON AUDIT

  • G.R. No. 135481 October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 136105 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO PAREDES y SAUQUILLO

  • G.R. No. 136337 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. NELSON CABUNTOG

  • G.R. No. 139114 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROMAN LACAP Y CAILLES

  • G.R. No. 139274 October 23, 2001 - QUEZON PROVINCE v. HON. ABELIO M. MARTE

  • G.R. No. 139329 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ERLINDO MAKILANG

  • G.R. Nos. 140934-35 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. CONDE RAPISORA y ESTRADA

  • A.M. No. RTJ-01-1634 October 25, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. SILVERIO Q. CASTILLO

  • G.R. No. 102367 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ABUNDIO ALBARIDO and BENEDICTO IGDOY

  • G.R. No. 126359 October 25, 2001 - PEOPLE OF THE PHIL v. CARLITO OLIVA

  • G.R. No. 127465 October 25, 2001 - SPOUSES NICETAS DELOS SANTOS v. COURT OF APPEALS

  • G.R. No. 133102 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. DINDO AMOGIS y CRINCIA

  • G.R. Nos. 134449-50 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PEDRO HERNANDEZ y PALMA

  • G.R. No. 135813 October 25, 2001 - FERNANDO SANTOS v. Spouses ARSENIO and NIEVES REYES

  • G.R. No. 135822 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL

  • G.R. Nos. 137494-95 October 25, 2001 - THE PEOPLE OF THE PHILIPPINES v. SOTERO REYES alias "TURING"

  • G.R. Nos. 142741-43 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ROMEO MANAYAN

  • A.M. No. P-01-1474 October 26, 2001 - ANTONIO C. REYES v. JOSEFINA F. DELIM

  • G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA

  • G.R. Nos. 121492 & 124325 October 26, 2001 - BAN HUA UY FLORES v. JOHNNY K.H. UY

  • G.R. No. 132169 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. SANICO NUEVO @ "SANY

  • G.R. No. 133741-42 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. LINO VILLARUEL

  • G.R. No. 134802 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RENATO Z. DIZON

  • G.R. No. 135920 October 26, 2001 - ENCARNACION ET AL. v. SEVERINA REALTY CORPORATION

  • G.R. No. 140719 October 26, 2001 - NICOLAS UY DE BARON v. COURT OF APPEALS

  • G.R. No. 140912 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO DIAZ Y SEVILLETA

  • G.R. No. 141540 October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO

  • G.R. No. 143231 October 26, 2001 - ALBERTO LIM v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 144237 October 26, 2001 - WINSTON C. RACOMA v. MA. ANTONIA B. F. BOMA

  • G.R. Nos. 146319 & 146342 October 26, 2001 - BENJAMIN E. CAWALING v. THE COMMISSION ON ELECTIONS

  • G.R. No. 146593 October 26, 2001 - UNITED COCONUT PLANTERS BANK v. ROBERTO V. ONGPIN

  •  





     
     

    G.R. No. 127441   October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 127441. October 5, 2001.]

    DOROTEO TOBES @ DOTING, Petitioner, v. COURT OF APPEALS, and PEOPLE OF THE PHILIPPINES, Respondents.

    D E C I S I O N


    PARDO, J.:


    Appeal via certiorari from the decision 1 of the Court of Appeals affirming with modification 2 the trial court’s decision finding petitioner guilty of homicide and sentencing him to an indeterminate penalty of eight (8) years of prision mayor as minimum, to twelve (12) years, ten (10) months and twenty (20) days of reclusion temporal, as maximum, to indemnify the heirs of the victim Joel Escareal in the amount of P12,000.00, moral damages of P20,000.00, actual damages of P6,000.00 and attorney’s fees of P5,000.00 and to pay the costs.chanrob1es virtua1 1aw 1ibrary

    On August 27, 1990, the provincial prosecutor of Northern Samar filed with the Regional Trial Court, Northern Samar, at Catarman an information charging accused Wilfredo Pollentes @ Pido and Doroteo Tobes @ Doting with murder, as follows:jgc:chanrobles.com.ph

    "That on or about the 8th day of July, 1990, at about 8:30 o’clock in the evening, in Barangay Sta. Clara, Municipality of Bobon, Province of Northern Samar, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, armed with a gun, conspiring with and confederating together and mutually helping each other, with deliberate intent to kill and thru treachery and evident premeditation and taking advantage of their superior strength, did then and there, willfully, unlawfully and feloniously attack, assault and shoot one JOEL ESCAREAL with the use of the said gun, which the accused had provided themselves for the purpose, thereby inflicting upon said Joel Escareal a gunshot wound which caused the instant death of said victim.chanrob1es virtua1 1aw 1ibrary

    "CONTRARY TO LAW." 3

    On September 13, 1990, the trial court arraigned both accused. They each entered a plea of "not guilty." Trial ensued.

    After due trial on June 21, 1991, the trial court rendered a decision, the dispositive portion of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, the Court hereby declares the accused DOROTEO TOBES alias DOTING guilty of the crime of HOMICIDE beyond a reasonable doubt, as principal, and considering the presence of one mitigating circumstances without any aggravating circumstance to offset the same, hereby sentences him to suffer an indeterminate penalty ranging from EIGHT (8) YEARS OF prision mayor as minimum, to TWELVE (12) YEARS, TEN (10) MONTHS and TWENTY (20) DAYS of reclusion temporal, as maximum, and to pay the costs. Likewise, the Court condemns the said accused to indemnify the heirs of the victim Joel Escareal in the amount of P12,000.00 to pay the widow and children of the same victim moral damages of P20,000.00, actual damages of P6,000.00 and attorneys fees of P5,000.00. However, the corresponding filing fees based on the total amount herein awarded, shall be assessed and shall constitute as first liens upon the total amount of awards herein ordered.

    "The Court hereby finds accused WILFREDO POLLENTES alias PIDO guilty beyond a reasonable doubt of the felony of SLIGHT PHYSICAL INJURIES and considering one mitigating circumstance without any aggravating circumstance, sentences him to suffer TEN (10) days of arresto menor and to pay the costs.

    "In the service of their sentence, the accused shall be credited with the full time of their preventive imprisonment provided they had agreed voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners; otherwise, they shall be entitled to only four-fifths (4/5) thereof; pursuant to the provisions of Article 29 of the Revised Penal Code as amended by Republic Act 6127.

    "SO ORDERED." 4

    On July 05, 1991, petitioner appealed the decision to the Court of Appeals. 5

    On December 3, 1996, the Court of Appeals promulgated its decision affirming the appealed decision with modification. We quote the decretal portion:jgc:chanrobles.com.ph

    "WHEREFORE, premises considered, the decision appealed from is hereby AFFIRMED with a MODIFICATION that the awarded civil indemnity be increased from P12,000.00 to P50,000.00. Costs against the Appellant.

    "SO ORDERED." 6

    Hence, this appeal. 7

    The facts, as found by the trial court and upheld on appeal by the Court of Appeals, are as follows:jgc:chanrobles.com.ph

    "That at about 8:00 o’clock in the evening of July 8, 1990, the victim Joel Escareal alias Willy was walking towards the door of AM Disco house situated at the corner of Escareal and Duran Sts. in Bobon, Northern Samar; he was fixing up the zipper of his trousers as he was proceeding on his way. Accused Wilfredo Pollentes alias Pido who came out of the door of the AM Disco house met Escareal and confronted the latter why he threw bottles to the former. Pollentes was holding the shoulder of Escareal and after uttering the statement to confront, boxed the latter on his chin. Joel Escareal fell down, face up, and as he was about to rise, Wilfredo Pollentes poised to box again the said Escareal. At this juncture, Joel Escareal drew his Cal. 38 revolver from his waistline and shot Pollentes who was thereby hit on his body. The Pollentes walked to the street, while Joel Escareal just stood near the door of the AM Disco house, looking to Pollentes as the latter was moving away; Escareal’s back was then towards the door of the AM Disco and he was still holding by his right hand the revolver which he used in shooting Pollentes. At this moment, Accused Doroteo Tobes went out of the door of the Disco house, and as he was behind, place his arm around the neck of Escareal and hurled him (Escareal) who thereby fell on his back on the ground; the revolver of Escareal was likewise thrown to the ground near his foot when Tobes hurled him down. As Escareal lay face up, Tobes then picked the firearm and shot Escareal on his left temporal area as his head was slightly tilted to its right side. After he fired at Escareal, Tobes then fired another shot to the air.chanrob1es virtua1 1aw 1ibrary

    "The gun of Escareal that was used by accused Tobes, was Cal. 38 revolver, with Serial No. 434872 which accused Tobes gave to policeman Eleuterio Celespara in the presence of a certain Ben Esquillo, a retired policeman.

    "At the place where the victim was shot by the accused Tobes, were two electric bulbs — one placed outside the AM Disco house and another at the NORSAMELCO post. When the shooting incident herein complained of took place, prosecution witnesses Cenon Cobrana and Joverto Sula were just nearby; in fact, Cobrana was about 5 1/2 meters away while Sule was more or less 3 meters in distance." 8

    The issues raised are:chanrob1es virtual 1aw library

    (1) whether or not there was unlawful aggression on the part of the victim;

    (2) whether the mitigating circumstances of incomplete defense of relative/stranger, sufficient provocation or threat on the part of the victim, passion and obfuscation and voluntary surrender may be appreciated in favor of petitioner; and

    (3) whether or not the penalty and civil indemnity imposed are correct. 9

    Petitioner admitted killing the victim Jose Escareal. He, however, interposes the justifying circumstance of self-defense or defense of a stranger. The elements of self-defense are the following:chanrob1es virtua1 1aw 1ibrary

    "(a) unlawful aggression on the part of the victim;

    "(b) reasonable necessity of the means employed to the victim; and,

    "(c) lack of sufficient provocation on the part of the person defending himself, which must be proved by clear and convincing evidence.’’ 10

    In such case, the burden of evidence shifted to the accused 11 to prove the elements of self-defense by clear and preponderant evidence, otherwise conviction would follow from his admission that he killed the victim. 12

    It is not disputed that in the evening of July 8, 1990, after the bottle-hurling incident inside the disco house, Joel Escareal went outside. It was there that accused Wilfredo Pollentes met Joel Escareal and confronted the latter about the incident inside and boxed him causing Joel Escareal to fall to the ground face up. When accused Pollentes was poised to strike Joel Escareal again, the latter drew his gun and shot accused Pollentes, who, upon being hit, retreated towards the direction of the street. Joel Escareal was by then standing with his back to the door of the disco house when petitioner came out and, from behind, placed his arm around Joel and hurled him to the ground causing him to fall on his back. The revolver he was holding was also thrown to the ground and landed near his foot. Petitioner Doroteo Tobes picked up the gun and shot Joel Escareal on the left temporal area as his head was slightly tilted to the right. Petitioner Tobes then fired a second shot into the air.

    The foregoing facts show that the plea of self-defense or defense of a stranger would not lie. When petitioner attacked the victim, the aggression by the victim against accused Pollentes no longer existed. Joel Escareal was standing with his back to the door without doing anything but watching accused Pollentes walk away. A person defending a relative or stranger must find out who the aggressor was before undertaking the defense. 13 Thus, when petitioner attacked Joel Escareal, petitioner was not defending himself. In fact, it was petitioner who was the aggressor.

    In the absence of unlawful aggression on the part of Joel Escareal, there can be no self-defense, complete or incomplete. 14

    Petitioner submits that the mitigating circumstances of sufficient provocation or threat on the part of the deceased or passion or obfuscation may be appreciated in his favor.chanrob1es virtua1 1aw 1ibrary

    As a fact, there was no threat or provocation directed at petitioner, then he could not have been provoked into passion or obfuscation. 15

    On the other hand, the trial court appreciated the mitigating circumstance of voluntary surrender in petitioner’s favor.

    The increase in civil indemnity from P12,000.00 to P50,000.00 is consistent with current jurisprudence. 16

    WHEREFORE, the Court denies the petition and affirms the decision 17 sought to be reviewed, with costs.

    SO ORDERED.

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

    Kapunan, J., on official leave.

    Endnotes:



    1. In CA-G. R. CR No. 14006, promulgated on December 3, 1996, Vasquez, Jr., J., ponente, Purisima and Sandoval-Gutierrez, JJ., concurring. Rollo, pp. 50-60.

    2. Increasing the civil indemnity awarded to P50,000.00.

    3. Petition, Rollo, pp. 11-48, at pp. 16-17.

    4. Petition, Annex "D", Rollo, pp. 77-94, at p. 94.

    5. RTC Record, p. 112. Docketed as CA-G. R. CR No. 14006.

    6. Petition, Annex "A", Rollo, pp. 50-60.

    7. Filed on February 3, 1997. Petition, Rollo, pp. 11-46. On April 05, 2000, we gave due course to the petition, Rollo, pp. 314-315.

    8. CA Decision, Rollo, pp. 50-60, at pp. 51-52.

    9. Memorandum for the People of the Philippines (Rollo, pp. 331-341, at p. 334).

    10. People v. More, 321 SCRA 538, 543 [1999], citing People v. Navarro, 356 Phil. 450, 455 [1998].

    11. But not the burden of proof (Bautista v. Sarmiento, 138 SCRA 587, 592-593 [1985]).

    12. People v. Decena, 235 SCRA 67, 72-73 [1994].

    13. Ramon C. Aquino, Revised Penal Code, 1988 ed., p. 192, citing United States v. Esmedia, 17 Phil. 260 [1910].

    14. People v. Real, 367 Phil. 525, 534-535 [1999].

    15. People v. Leonor, 364 Phil. 766, 784 [1999].

    16. People v. Sison, 189 SCRA 643, 648 [1990]; People v. Padrones, 189 SCRA 496; People v. Sazon, 189 SCRA 700 [1990]; People v. Jereza, 189 SCRA 690 [1990] People v. Pabillano, G. R. No. 108618, February 6, 2001.

    17. In CA-G. R. CR No. 14006.

    G.R. No. 127441   October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS


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