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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. 131841   October 23, 2001 - PEOPLE OF THE PHILIPPINES v. RUBEN VILLARMOSA

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 131841. October 23, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUBEN VILLARMOSA, ANTHONY EBIDO, and MARCELINO EBIDO, Accused-Appellants.

    D E C I S I O N


    QUISUMBING, J.:


    On appeal is the decision 1 dated September 15, 1997, of the Regional Trial Court of Pili, Camarines Sur, Branch 33, finding the appellants Ruben Villarmosa, Anthony Ebido and Marcelino Ebido guilty of murder and sentencing each to suffer the penalty of reclusion perpetua and to jointly and severally pay the heirs of Dioscoro Oasnon the sum of P91,875 and to pay the costs.chanrob1es virtua1 1aw 1ibrary

    Appellants were charged in an Information which reads:chanrob1es virtual 1aw library

    That, on or about 8:30 o’clock in the evening of July 12, 1995, in Zone 6, Brgy. Cadlan, Pili, Camarines Sur and within the jurisdiction of the Honorable Court, the above-named accused, with intent to kill, by means of treachery and evident premeditation, conspiring, confederating and mutually helping one another, did then and there, willfully, unlawfully and feloniously attack, assault, stab with a fan knife and hack with a bolo a certain DIOSCORO OASNON, thereby inflicting upon the latter multiple fatal wounds which caused his instantaneous death, to the damage and prejudice of the heirs of said victim.

    ACTS CONTRARY TO LAW. 2

    Upon arraignment, all the appellants pleaded not guilty.

    During the trial, Rodrigo Oronan, Dr. Thomas Gonzales, Wenifreda Oasnon and Vicente Nebiar testified for the prosecution.

    RODRIGO ORONAN testified that on July 12, 1995 at around 8:30 P.M., he went to the store of Ricardo San Buenaventura to buy cigarettes. He was with the victim, Dioscoro Oasnon. 3 Suddenly, Ruben Villarmosa stabbed Dioscoro with a balisong (fan knife) at the right side of the waist and back. Anthony Ebido followed by hacking the victim at the upper back of the head. Rodrigo also saw Marcelino Ebido hit Dioscoro with an iron pipe at the right side of the latter’s neck. 4 Frightened, Rodrigo said he ran away and hid himself in the banana plantation nearby. He then went to Munding Oasnon, Josephine Oasnon and Romeo Arnante to seek assistance. They all went back to the store where they found Dioscoro already dead. 5

    DR. THOMAS S. GONZALES identified Dioscoro’s body, and explained his autopsy report with the following findings:chanrob1es virtual 1aw library

    HEAD: 1, Abrasions — 5 x 15 cms., longitudinally on the forehead above the lateral portion of supraciliary arch, left; intervened by two (2) incised wounds, 1 cm. each, between the longitudinal abrasion and the supraciliary arch, also on the left side;

    2. Hacking wounds — three (3): a) 8.75 cms; b) 7.2 cms.; c) 3 cms., all are diagonally upwards from lateral to medial at the occipital region; likewise all involved the scalp, except for letter (b) which involved the skull bone; 6

    He said the cause of death was shock secondary to internal and external hemorrhages sustained from stab and hacking wounds. 7

    WENIFREDA OASNON, widow of the victim, testified on the expenses she incurred on the death of her husband. She spent P21,000 for the wake, P10,000 for funeral services, P3,000 for rental of vehicles, P400.00 for mass donations and offerings and P250 for rental of niches. 8 She also testified that her husband earned P195 per day as a contract laborer. 9

    VICENTE NEBIAR testified that he was in the house of Ricardo San Buenaventura on July 12, 1995, at around 8:30 P.M. with Anthony Ebido and Ruben Villarmosa having a drinking spree. 10 Marcelino Ebido was also there but stayed outside the store. 11 While they were drinking, Anthony 12 and Ruben suddenly stood up and left. After two minutes, he heard a girl shout "NATUMBA NA SI PAY CORO" (Uncle Coro had fallen). 13 Thereafter, Vicente rushed out and saw Dioscoro already lying on the ground. 14 He approached Dioscoro and felt the injury on his head. He rushed to seek the assistance from the army station. 15 When he returned with three army men, Dioscoro was already dead. They went to the police station and brought the body of Dioscoro to Sta. Cruz Memorial funeral parlor. 16

    Appellants Ruben Villarmosa and Anthony Ebido claimed self-defense, while appellant Marcelino Ebido denied the charges. They all testified for the defense. The version of the defense is as follows:chanrob1es virtual 1aw library

    On the night of July 12, 1995, RUBEN VILLARMOSA and ANTHONY EBIDO decided to go to the store of Ricardo San Buenaventura to purchase several necessities on credit. There, they decided to stay and drink gin while watching T.V.. Suddenly, two masked men 17 arrived with flashlights and guns. One of the masked men approached Ruben and pointed his flashlight and revolver at Ruben’s face. The masked man, 18 later identified as the victim Dioscoro Oasnon, pulled the trigger but the gun failed to fire. This gave Ruben the opportunity to pull out his bolo. 19 At the same time, Anthony got a crow bar and started hitting the masked man in the head. 20 After the victim fell, Ruben picked up the flashlight and the gun and fired at the victim’s companion but missed. Ruben identified the other masked man as Rodrigo Oronan, one of the prosecution witnesses. 21 Ruben and Anthony then went home and fetched Marcelino Ebido to flee towards Bgy. Carolina. They were eventually apprehended by the authorities three days after the incident. Anthony was captured in Bgy. Carolina while Marcelino and Ruben were arrested in Naga City. 22

    On September 15, 1997, the trial court rendered its decision, disposing as follows:chanrob1es virtual 1aw library

    WHEREFORE, in view of the foregoing, judgment is hereby rendered finding the three (3) accused, RUBEN VILLARMOSA, ANTHONY EBIDO and MARCELINO EBIDO, guilty beyond reasonable doubt of the offense of MURDER as defined and penalized by Article 248 of the Revised Penal Code as amended by RA No. 7659 and are hereby imposed the penalty of RECLUSION PERPETUA.

    As civil liability, they are further directed jointly and severally to pay the sum of NINETY-ONE THOUSAND EIGHT HUNDRED SEVENTY-FIVE PESOS (P91,875.00) Philippines (sic) currency, to the heirs of the late Dioscoro Oasnon represented by his widow Wenifreda Oasnon, but without subsidiary imprisonment in case of insolvency with costs against accused.

    SO ORDERED. 23

    Aggrieved, appellants interposed this appeal alleging that the trial court erred in:chanrob1es virtual 1aw library

    I. . . . INCLUDING MARCELINO EBIDO AS ONE OF THE THREE ACCUSED FOR THE CRIME OF MURDER DESPITE HIS PRESENCE (SIC) IN THE SCENE OF THE CRIME

    II. . . . FINDING THE THREE ACCUSED GUILTY OF THE CRIME OF MURDER DESPITE THE FACT THAT TREACHERY AND EVIDENT PREMEDITATION WERE NOT AT ALL IN ATTENDANCE.

    The two issues pertain to the credibility of the witnesses and the attendance of any qualifying circumstance in the killing of Dioscoro Oasnon.

    Appellants Ruben Villarmosa and Anthony Ebido argue that they killed Dioscoro as an act of self-defense. They contend that they were attacked first and that they had no option but to retaliate to save themselves. Marcelino, on the other hand, deny any participation in the said killing. His co-appellants testify that he was left behind in their hut and was not in the scene of the crime.

    For the State, the Office of the Solicitor General (OSG) contends that the positive identification by the prosecution witnesses, particularly Rodrigo Oronan, deserves to be given credence above the self-serving assertions of appellants. The OSG argues that the manner by which the attack on Dioscoro was perpetrated clearly shows that there was alevosia or treachery. The attack was sudden and unexpected and did not afford the victim any opportunity to protect himself. The execution of the attack also shows that appellants were prepared to attack the victim. 24

    After a careful review of the records, we are in agreement with the trial court that the testimonies of the prosecution witnesses are more credible than those of the defense witnesses which were full of inconsistencies and improbabilities. First, according to appellant Ruben Villarmosa, the gun of Dioscoro Oasnon failed. Dioscoro fired at him. However, in the same breath, Ruben testified that Oasnon used the same gun to fire at Rodrigo Oronan. 25 Secondly, Ruben insisted that he used a bolo in stabbing and; hacking Dioscoro. He did not mention any other weapon. However, co-accused Anthony Ebido, testified that Ruben also used a balisong which he held in his right hand while he held a bolo in his left hand. 26 Third, Ruben testified that before the incident, Anthony and he were warned by Marcelino that they would be attacked by Dioscoro. 27 However, both Marcelino and Anthony Ebido mentioned no such warning. The autopsy report by the prosecution witness, Dr. Thomas Gonzales, shows that Dioscoro suffered several abrasions, hacking and stab wounds in several parts of the body and the head, indicating that he had been attacked savagely. The number, nature, and location of these wounds suffered by the victim belie the self-defense theory of the appellants. Further, the defense claims that the provocation came from the victim who attacked the appellants with a gun. However, appellants did not present a gun during the trial to bolster their case. On the witness stand, the widow of Dioscoro vehemently denied that her husband ever possessed a gun, much less owned one. 28

    Marcelino Ebido claimed that he had no participation in the commission of the crime. However, the testimonies of prosecution witness Rodrigo Oronan and Vicente Nebiar showed otherwise. Rodrigo positively identified Marcelino as one of Dioscoro’s attackers, 29 while Vicente categorically stated that Marcelino was present at the crime scene with co-accused Ruben and Anthony. 30 Both Rodrigo and Vicente testified in a straightforward manner. Their positive declarations certainly outweigh the bare-faced and self-serving denials of appellants.chanrob1es virtua1 1aw 1ibrary

    Lastly, we note that the appellants fled rather than surrender voluntarily and promptly. This fact belies their innocence and hints at their culpability. As has often been repeated, flight is a strong indication of guilt. 31

    As found by the trial court, the killing of Dioscoro Oasnon was attended by the qualifying circumstance of treachery. We are in agreement. 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 the defense which the offended party might make. 32 The attack was 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. 33 As told by Rodrigo Oronan on the witness stand, the stabbing spree was sudden and unexpected. The victim had no inkling they were going to be attacked. They were on their way to the house of a friend and only stopped by to purchase some cigarettes. 34 That the attack was done swiftly and calculatingly can be inferred from the fact that it took more or less just two minutes from the time Ruben and Anthony stood up to attack Dioscoro, to the time Vicente saw Dioscoro already fallen. 35 Likewise, the nature and availability of weapons used in the attack also indicate that the perpetrators planned and prepared for it. Said the trial court in its decision of conviction, which deserves our concurrence:chanrob1es virtual 1aw library

    Finally, the offense charged is properly that of Murder qualified by treachery since the deceased was unarmed, and was in no position to ward off or repel the sudden, concerted and simultaneous attack against him by the three accused, with one hacking and stabbing and the others striking with steel bars or crowbars. Again the various wounds inflicted on the deceased bear mute testimony aforesaid to the suddenness, severity and ferocity of the attack, thus affording them to insure the killing of Oasnon without any risk arising from any defense he might make. 36

    On the award of damages, however, modification is called for. The trial court awarded a total of P91,875 as civil indemnity, P41,875 as actual expenses; incurred by the heirs of the victim and P50,000 as death indemnity. But the records reveal that only P10,660 of the actual expenses were properly supported by receipts. 37 This being the case, we can only award P10,660 as the actual damages properly and adequately proved. 38

    Anent the loss of earning capacity of the deceased, the fact that no documentary evidence was presented to support the claim for such loss would not preclude recovery of damages. 39 The testimony of the victim’s wife on the earning capacity of her husband sufficiently establishes the basis for making such an award. 40 Dioscoro Oasnon was 36 years old 41 at the time of his death. He earned P195 a day as a contract laborer. 42 In accordance with the American Expectancy Table of Mortality that has been consistently adopted by the Court, 43 the loss of his earning capacity is to be computed as follows:chanrob1es virtual 1aw library

    Award for Lost earnings = 2/3 [80-age at time of death] x

    [gross annual income-50% (GAI)] 44

    = 2/3 [80-36] x [P71,175.00 - 50% (P71,175.00)]

    = 29.3333 x (P71,175.00 - P35,587.50)

    = P1,043,898.81

    The resulting figure of P1,043,898.81 represents the lost earnings recoverable as damages in the concept of lucrum cessans.

    WHEREFORE, the assailed decision of the Regional Trial Court of Pili, Camarines Sur, Branch 33, finding the appellants guilty of murder and sentencing them to reclusion perpetua is AFFIRMED, with the MODIFICATION that the award for actual damages is reduced to P10,660 to be paid jointly and severally by appellants to the heirs of the victim together with the award of P1,043,898.81 representing damages for the loss; of earning capacity due to the victim’s death, as well as P50,000 as civil indemnity, with costs against appellants.

    SO ORDERED.

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

    Endnotes:



    1. Rollo, pp. 25-32.

    2. Id., at 7.

    3. TSN, January 25, 1996, p. 4.

    4. Id., at 5-7.

    5. Id., at 8.

    6. Exhibit "A", Records, p. 8.

    7. TSN, January 26, 1996, p. 27.

    8. TSN, February 1, 1996, pp. 8-15.

    9. Id., at 1 6.

    10. TSN, February 7, 1996, pp. 3-4.

    11. TSN, February 1, 1996, p. 24.

    12. Also referred to as "Tony" in the transcripts.

    13. TSN, February 7, 1996, pp. 5-6.

    14. Ibid.

    15. TSN, February 1, 1996, p. 25.

    16. Id. at 28.

    17. Their faces were covered with t-shirts.

    18. Dioscoro Oasnon.

    19. TSN, May 7, 1996, pp. 15-16, however, according to testimony of Anthony Ebido, Ruben also pulled out a balisong, see TSN, May 15, 1996, pp. 17, 24.

    20. TSN, May 15, 1996, p. 17.

    21. TSN, May 7, 1996, p. 18.

    22. TSN, May 15, 1996, p, 20

    23. Rollo, p. 32.

    24. Appellee’s Brief, Rollo, pp. 9-11.

    25. TSN, May 7, 1996, pp. 14-15, 17-18.

    26. TSN, May 15, 1996, pp. 17-18, 24-26.

    27. TSN, May 7, 1996, pp. 11-12.

    28. TSN February 7, 1997, pp. 16 17

    29. TSN, January 25, 1996, pp. 6-7.

    30. TSN, February 1, 1996, pp. 26-27.

    31. People v. Fabon, G.R. No. 133226, 328 SCRA 302, 317 (2000).

    32. People v. Galano, G.R. No. 111806, 327 SCRA 462, 475 (2000); People v. De la Cruz, G.R. Nos. 109619-23,291 SCRA 164, 184(1998).

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

    34. TSN, January 25, 1996, p. 4

    35. TSN, February 1, 1996, pp. 25-26; TSN, February 7, 1996, p. 6.

    36. Rollo, pp. 31-32.

    37. Exhs. "D", "D-1", "E", "E-1" and "E-2", Records, pp. 62-66.

    38. People v. Cual, G.R. No. 131925, 327 SCRA 623, 648 (2000).

    39. Ibid, citing People v. Verde, G.R. No. 119077, 302 SCRA 690, 706 (1999).

    40. Ibid.

    41. Exhibit "C-l" shows that he was 23 years old at the time his child was born in 1983, Records, p. 60.

    42. TSN, February 1, 1996, p. 16.

    43. People v. Cual, supra, citing People v. Dizon, G.R. No. 129893, 320 SCRA 513 (1999).

    44. Living expenses is computed as 50% of Gross Annual Income. See cases of People v. Alo, G.R. No. 125533, December 27, 2000, p. 10; People v. Aspiras, G.R. No. 121203, 330 SCRA 479, 495-496 (2000); People v. Flores, G.R. No. 129284, 328 SCRA 461, 476 (2000).

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


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