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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

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 130415. October 11, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALVIN YRAT y BUGAHOD and RAUL JIMENA y POLLESCAS Alias "Bobong", Accused-Appellant.

    D E C I S I O N


    BUENA, J.:


    For the death of Benjamin Aca-ac, appellants Alvin Yrat and Raul Jimena were charged with the crime of murder based on an Information which reads:jgc:chanrobles.com.ph

    "That on or about the 27th day of December, 1995, at about 6:45 o’clock in the evening, in barangay Biasong, municipality of Lopez Jaena, province of Misamis Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and helping one another, with intent to kill, with treachery and with abuse of their superior strength, did then and there willfully, unlawfully and feloniously attack, assault, hit, box and shot one BENJAMIN ACA-AC, thereby inflicting upon the latter fatal gunshot wounds which caused his immediate death.chanrob1es virtua1 1aw 1ibrary

    "CONTRARY TO LAW, with the presence of the qualifying circumstance of treachery and generic aggravating circumstance of abuse of superior strength. "1

    Arraigned on May 21, 1996, Accused Jimena, assisted by counsel, entered a plea of not guilty. As accused Alvin Yrat was then still at large, the case with respect to accused Jimena proceeded to trial with the prosecution presenting Dr. Rachel T. Micarandayo, eyewitnesses Virginia and Violeta Singcay, Allan Garganera, Roger Rebosura, victim’s wife, Julia Aca-ac and rebuttal witness Avelino Barbajo.chanrob1es virtua1 1aw 1ibrary

    For his part, Accused Jimena presented Nercua, Henry Yabo and Emma Jimena.

    On September 3, 1996, appellant Yrat was arrested. Upon arraignment, with the assistance of counsel, on September 6, 1996, he also pleaded not guilty. For his defense, appellant adopted all the evidence, both testimonial and documentary, presented by accused Jimena. He was likewise utilized by accused Jimena as witness.

    The prosecution’s case established that on December 27, 1995, on the eve of the town fiesta of Biasong, Lopez Jaena, Misamis Occidental, Benjamin Aca-ac, together with his wife, Julia and one Father Naron, were in the house of Avelino "Boy" Barbajo. At about 1 o’clock that afternoon, appellant, Accused Jimena and his wife Emma arrived. (As Father Naron had another appointment,) the three bade their host goodbye and proceeded to the video house operated by Violeta and Virginia Singcay. At around 2 o’clock, Benjamin returned to Barbajo’s house and joined appellant and accused Jimena. In the course of their conversation, Benjamin and accused Jimena had an altercation regarding the local game masiao, or jai-alai, and nearly engaged in a fistfight were it not for the timely intervention of Barbajo. Appellant was heard saying to Benjamin, "you cannot even reach this New Year." To avoid trouble in his house, Barbajo requested the group to leave, 2 who proceeded to the videoke bar. They saw Julia Aca-ac talking to Violeta Singcay, approached her and told her that Benjamin is ill-mannered. Appellant likewise said that "you tell your husband that he will not reach the morning." 3 Thereafter, the two left the place. Alarmed by the threats of appellant, Julia left the videoke bar to warn her husband. Not having seen him, she proceeded home. 4

    Between five and six o’clock in the evening, appellant returned to the videoke bar and ordered a bottle of beer. Later, Accused Jimena and his wife Emma arrived. While accused Raul Jimena was looking for a place to park his motorcycle, Emma approached appellant and told the latter that Benjamin was following them. 5 When Benjamin arrived, Accused Raul stopped the former and talked to him. Benjamin did not alight from the motorcycle. 6 Upon seeing Benjamin, appellant proceeded towards the two men at the same time pulling out a pistol. Walking behind Benjamin, appellant hit him at the right side of the neck with the butt of his gun. Simultaneously, Accused Jimena hit Benjamin on the cheek causing the latter to tilt a little backward. At that instance, appellant Yrat pointed his pistol and fired, but the gun did not explode. He then went in front of Benjamin and fired two more shots hitting him on the middle portion of his breast and on the face. Benjamin fell down, and was pinned by his motorcycle.7 After the incident, spouses Jimena left the place while appellant threw the gun towards the bushes and camote plantation. He went back to the videoke bar and ordered beer and cigarettes. He warned Virginia not to report to the authorities. 8

    The body of Benjamin Aca-ac was examined by Dr. Rachel Micarandayo and was found to have sustained the following wounds:jgc:chanrobles.com.ph

    "1. Gunshot wound, entrance, 1 inch in diameter lacerated in character, left cheek.

    "2. Gunshot wound, entrance, inch, oval, along the left sternal line, at the level of the 5th intercostal space.

    "3. Gunshot wound, exit, inch diameter, everted, at the level of the 7th intercostals space, back, left." 9

    Appellant Yrat admitted shooting Benjamin but claims that he only acted in self-defense. He narrated that on December 27, 1995, he was invited to the house of Boy Barbajo. Benjamin Aca-ac, who was with them, allegedly drunk, left the place together with a certain Father Naron and returned shortly thereafter on a motorcycle with a policeman. Without any provocation on his part, Benjamin slapped him. He did not retaliate, instead, he left the house and headed for his house in Barangay Canubay, Oroquieta City. He took his firearm and returned to Lopez Jaena. He proceeded to the videoke bar operated by Violeta Singcay, knowing that Benjamin will pass by that place. After waiting for about two hours, he saw Benjamin. 10 He approached the latter and asked why he slapped him. Benjamin allegedly pulled out a gun so he stepped back, drew his firearm and shot Benjamin twice.chanrob1es virtua1 1aw 1ibrary

    Accused Raul Jimena, on the other hand, claimed that on December 27, 1995 at about 3 o’clock in the afternoon, he, together with his wife, went to Boy Barbajo’s house in Biasong, Lopez Jaena. From the house of Boy Barbajo, they proceeded to the residence of Boy Bulawin. As the latter was not yet ready to serve them food, they went home, returned later in the afternoon to Bulawin’s house. At about 5 o’clock, they left the house and passed by the videoke bar owned by Virginia Singcay. Emma went inside while accused Jimena looked for a place to park his motorcycle. He saw Santos, an ex-barangay captain of Barangay Dampalan. While talking, they heard a gun explosion. Accused Jimena looked for his wife and then left the place. While the remains of the deceased was brought to his house, Julia Aca-ac shouted to accused Jimena who resides nearby, "Bong, where is the man whom you wanted to be killed." 11

    After weighing the evidence presented by the parties, the trial court rendered a decision the decretal portion of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, finding accused Alvin Yrat, as principal, and Raul Jimena, as an accomplice, guilty beyond reasonable doubt of the crime of Murder, committed without an aggravating or mitigating circumstance present and applying the provisions of the Indeterminate Sentence Law as regards Raul Jimena, the Court thereby sentences accused Alvin Yrat to suffer the penalty of RECLUSION PERPETUA, and accused Raul Jimena to suffer an indeterminate penalty of imprisonment from SIX (6) YEARS and ONE (1) DAY of prision mayor as its minimum to FOURTEEN (14) YEARS, EIGHT (8) MONTHS and ONE (1) DAY of reclusion temporal as maximum, both to indemnify jointly and severally the heirs of Benjamin Aca-ac P50,000.00 as death indemnity, P20,000.00 for funeral expenses, P50,000.00 for the loss of earning capacity of the deceased and P60,000.00 for moral damages and to pay the costs.

    "SO ORDERED." 12

    Both accused appealed the decision to this Court.

    On June 10, 1998, Accused Raul Jimena filed a motion to withdraw the appeal which was granted by this Court per Resolution dated September 20, 1999. 13

    In his appeal, appellant made a lone assignment of error

    "THAT THE TRIAL COURT ERRED IN NOT FINDING ACCUSED-APPELLANT GUILTY ONLY OF HOMICIDE."cralaw virtua1aw library

    Appellant argues that he cannot be sentenced to murder because of the absence of the qualifying circumstance of treachery. He argues that the deceased Benjamin Aca-ac was shot by him frontally.

    We find no cogent reason to reverse the decision of the trial court. The trial court correctly appreciated aleviosa as having qualified the killing of the victim to murder.chanrob1es virtua1 1aw 1ibrary

    Treachery is present when the offender employs means, methods, or forms in the execution of the crime which tend directly and especially to insure its execution without risk to himself arising from any defensive or retaliatory act which the victim might make. 14 Thus, for treachery to be considered, two (2) elements must concur, to wit: (1) the employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate; and (2) the means of execution were deliberately or consciously adopted. 15

    Benjamin Aca-ac was talking to accused Jimena when appellant approached him from behind. With the butt of his gun, appellant hit Benjamin from behind. Almost simultaneously, Accused Jimena boxed Benjamin on the face. The latter has not yet recovered from such sudden attack when appellant went in front of Benjamin and shot him face to face. Under this situation, Benjamin was not given any time at all to react. The suddenness of the attack made it impossible for him to defend himself. He was unarmed and totally defenseless when appellant shot him. 16 Appellant employed means of execution which gave Benjamin no opportunity at all to defend himself and that the manner of execution was deliberately and consciously adapted. While Benjamin was assaulted frontally, this does not make such attack less treacherous. Treachery exists — even if the attack is frontal — if it is sudden and unexpected, giving the victim no opportunity to repel it or defend himself. What is decisive is that the execution of the attack, without the slightest provocation from the victim who was unarmed, made it impossible for the victim to defend himself or to retaliate. 17

    Going now to the trial court’s award of damages, we find the award of loss of earning capacity not in order. It bears stressing that compensation for loss of income is in the nature of damages and as such requires due proof of the damages suffered. 18 The prosecution failed to present evidence to show the deceased’s monthly earnings. What was presented in evidence was only the testimony of the wife that the deceased- was earning P50,000.00. We have held that "for lost income due to death, there must be unbiased proof of the deceased’s average income. Self-serving, hence, unreliable statement is not enough." 19

    The award of P20,000.00 for funeral expenses should likewise be deleted in the absence of evidence to prove the same. To justify a grant of actual damages, it is necessary to show the amount of actual loss with the best evidence obtainable. 20 The testimony of Julia Aca-ac that she spent P20,000.00 for the wake and burial of her husband, without presenting any receipts, is not sufficient to support the claim for funeral expenses. We have consistently ruled that only expenses supported by receipts and which appear to have been actually incurred shall be allowed. 21 It is a settled rule that there must be proof that actual or compensatory damages have been suffered, and evidence of its actual amount. In the present case, since no receipt was presented to support the claim for funeral expenses, the same cannot be allowed. 22

    In lieu of the aforesaid damages, the heirs of the deceased Benjamin Aca-ac should be awarded the amount of P15,000.00 as temperate damages pursuant to Article 2224 of the Civil Code which provides that temperate damages may be recovered when the court finds that some pecuniary loss has been suffered, but its amount cannot, from the nature of the case, be proved with certainty. 23

    We, however, sustain the award of P50,000.00 as civil indemnity (ex delicto) which requires no proof other than the fact of death of the victim and assailant’s responsibility therefor. 24 Article 2206 of the Civil Code provides that when death occurs as a result of the crime, the heirs of the deceased are entitled to be indemnified for the death of the victim without need of any evidence or proof thereof. The award of moral damages in the amount of P60,000.00 should also be sustained taking into consideration the pain and anguish of the victim’s family.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the decision of the Regional Trial Court of Oroquieta City, Branch 12, is hereby AFFIRMED with the MODIFICATION that the awards of P50,000.00 for loss of earning capacity of the deceased, and P20,000.00 for funeral expenses, be deleted.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

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

    Endnotes:



    1. Records, p. 1.

    2. TSN, February 20, 1977, pp. 8-12.

    3. TSN, July 9, 1996, p. 5; TSN, July 25, 1996, p. 4.

    4. TSN, July 25, 1996.

    5. TSN, July 9, 1996, pp. 1-7.

    6. TSN, Ibid., p. 7; July 22, 1996, p. 4.

    7. TSN, July 9,1996, pp. 8-9.

    8. TSN, July 9, l 996, p. 11.

    9. Exhibit "B," Certificate of Death, p. 3, Original Records.

    10. TSN December 5, 1996, p. 17.

    11. TSN, September 13, 1996, p. 11.

    12. RTC Decision, pp. 11 -12, Records.

    13. Rollo, p. 104:jgc:chanrobles.com.ph

    "G.R. No. 130415 (People of the Philippines v. Alvin Yrat, et. al. - Considering the motion of accused-appellant Raul Jimena to withdraw his appeal as well as his letter dated 3 August 1999 stating that he is withdrawing his appeal voluntarily, knowingly and intelligently, forwarded to this Court by Alfredo B. Gozon, P/Superintendent, Davao Prison and Penal Farm, by way of compliance with the resolution of 16 June 1999 requiring the latter to verify the voluntariness of said withdrawal of appeal, the Court RESOLVES to GRANT the motion of appellant Raul Jimena to withdraw his appeal and to DECLARE this case insofar as said appellant is concerned CLOSED and TERMINATED."cralaw virtua1aw library

    14. People v. Tan, 314 SCRA 422 [1999]; People v. Mangahas, 311 SCRA 384, 403 [1999]; People v. Tomolin, 311 SCRA 507 [1999].

    15. People v. Peñaflor, 313 SCRA 572 [1999]; People v. Dela Cruz, 207 SCRA 632, 650 [1992]; People v. Garcia, 209 SCRA 164, 178 [1992]; People v. Tampon, 258 SCRA 115, 132 [1996]; People v. Tumaob, Jr., 291 SCRA 133, 138-139 [1998]; People vs Molina, 312 SCRA 135-136 [1999]; People v. Quilang, 312 SCRA 314 [1999].

    16. People v. Wilfredo Riglos, G.R. No. 134763, September 4, 2000.

    17. People v. Tan, supra.

    18. People v. Carlito Ereño, 326 SCRA 157 [2000].

    19. People v. Sanchez, 313 SCRA 272 [1999], citing People v. Mario Villanueva, 302 SCRA 380 [1999]

    20. People v. Macahia, 307 SCRA 404, 422 [1999].

    21. Supra at note 19.

    22. People v. Gerry Nablo, 319 SCRA 784 [1999].

    23. People v. Antonio dela Tongga, 336 SCRA 687 [2000]; citing People v. Lopez, 312 SCRA 684 [1999]; People v. Oliano 287 SCRA 158 [1998].

    24. People v. Carlito Ereño, supra.; People v. Española, 271 SCRA 689 [1997].

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


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