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
 

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 137494-95. October 25, 2001.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SOTERO REYES alias "TURING", Accused-Appellant.

    D E C I S I O N


    MENDOZA, J.:


    This case is here on automatic review of the consolidated decision, 1 dated November 11, 1998, of the Regional Trial Court, Branch 4, Batangas City, finding accused-appellant Sotero Reyes guilty of murder and illegal possession of firearms and ammunitions and sentencing him to suffer the penalty of death for the crime of murder and to imprisonment of six (6) years, eight (8) months, and one (1) day of prision mayor and its accessory penalties plus a fine of P30,000.00 and to pay the costs for illegal possession of firearm and ammunition.chanrob1es virtua1 1aw 1ibrary

    The information in Criminal Case No. 8773 for murder alleged:chanrob1es virtual 1aw library

    That on or about the 19th day of August, 1996, at about 5:00 o’clock in the afternoon, at Sitio Gulod, Barangay Laurel, Municipality of Mabini, Province of Batangas, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, armed with a firearm (carbine), with intent to kill, with treachery and evident premeditation and without any justifiable cause, did then and there willfully, unlawfully and feloniously attack, assault, and shoot with the said firearm, suddenly and without warning, one Nicasio Atienza y Baticos, thereby inflicting upon the latter multiple gunshot wounds on the different parts of his body, which directly caused his death.

    Contrary to law. 2

    In Criminal Case No. 8774, the information for illegal possession of firearms and ammunitions alleged:chanrob1es virtual 1aw library

    That on or about the 19th day of August, 1996, at about 5:00 o’clock in the afternoon, at Sitio Gulod, Barangay Laurel, Municipality of Mabini, Province of Batangas, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully and unlawfully keep, possess and have under his custody and control one (1) carbine firearm with four (4) live ammunitions without the necessary license and or permit to possess the same from the proper authorities.

    The aforementioned firearm was used by the accused in the commission of the crime of Murder wherein the victim was one Nicasio Atienza y Baticos.

    Contrary to law. 3

    Accused-appellant pleaded not guilty to the charge, whereupon the two cases were tried. The cases were later consolidated for expediency and proper identification of evidence. 4

    The prosecution presented six witnesses: Roman Dalisay, PO3 Edgardo Malibiran, SPO2 Senen Beloso, Dr. Luisita Ramos, Toribio Atienza, and SPO4 Federico Bondoc, Jr. It also presented as documentary evidence four empty shells for carbine rifle (Exh. A), pictures showing the victim Nicasio Atienza lying bloodied on the ground (Exh. B-B-6), the Sworn Statement of Toribio Atienza, dated August 19, 1996 (Exh. C-C-2), the Sworn Statement of Roman Dalisay, dated August 19, 1996 (Exh. D-D-3), a Written Agreement from the Barangay Captain (Exh. E), the Certificate of Death signed by Dr. Luisita Ramos (Exh. F-F-3), and a Certificate issued by the Firearms and Explosives Office of the Philippine National Police (PNP) in Camp Crame, Quezon City (Exh. G).

    First to testify for the prosecution was Roman Dalisay. He said that on August 19, 1996, at around 5 o’clock in the afternoon, on his way home, he passed by the house of Toribio Atienza, a barangay councilman of Barangay Ligaya in Mabini. There, he met a brother of Toribio, Nicasio Atienza, who decided to go with him since their houses were located along the same road. The pathway where they passed was a narrow one so they had to walk single file, with Roman ahead.

    On the way, the two met accused-appellant Sotero Reyes coming from the opposite direction. Accused-appellant was carrying a carbine rifle. He stopped Roman Dalisay and the victim and, when he got near them, he ordered Roman, "Uklot, Manny, uklot!" (Drop to the ground, Manny, drop to the ground!) But Roman said he could not do what accused-appellant ordered him to do because Nicasio was using him as a shield. As soon as Nicasio released Roman, the latter instantaneously dropped to the ground. Roman then heard a gunshot. Several minutes later, he heard about eight more shots fired in succession.

    When accused-appellant left, Roman approached Nicasio, but the latter was already dead. Roman rushed to the house of Nicasio’s brother, Esteban Atienza, in Barangay Laurel in Mabini to report the incident. Esteban sought the help of the Barangay Captain, while Roman went back to the scene to take the body of Nicasio, but it was too heavy for him to carry. 5

    The next witness was PO3 Edgardo Malibiran, Radio Operator and Desk Officer of the Mabini Police Station. He testified that at about 6:25 in the evening of August 19, 1996, he received a radio message from Jose Boonggaling, a Mabini Municipal Clerk Officer, regarding a shooting incident in Barangay Ligaya. Boonggaling had received the message from a certain Felicisimo Reyes. PO3 Malibiran said that in response he, together with SPO2 Senen Beloso and PO3 Mendoza, proceeded to Barangay Ligaya in Mabini. 6

    SPO2 Senen Beloso corroborated the testimony of PO3 Edgardo Malibiran. He said that they found the body of Nicasio lying on the ground, face down and bloodied. Nearby, the police recovered three to four empty shells of carbine rifle. After taking pictures of the crime scene, the police took the body to the Pilipinas Parlor in Bauan for autopsy. Beloso said that Roman Dalisay gave a sworn statement to the police. 7

    Witness Dr. Luisita Ramos, Municipal Health Officer of Bauan, conducted the postmortem examination on the victim on August 20, 1996. Her report 8 showed the following:chanrob1es virtual 1aw library

    II. POST-MORTEM FINDINGS:chanrob1es virtual 1aw library

    A. Head

    1. Entrance wound, gunshot, almost circular in shape, .9 cm in diameter with sl.-contuse abraided collar located at the occipital region of the head.

    2. Exit wound, gunshot, stellate in shape 1 x 3/4 inch in diameter, edges everted, located at the middle of the forehead.

    B. Trunk

    1. Three (3) entrance wounds almost circular in shape, .9 cm in diameter, edges everted, located at the (L) scapular region.

    2. Two (2) exit wounds 1 cm in diameter, edges everted, located at the (R) upper quadrant of the abdomen.

    C. Legs (R)

    1. Entrance wound, gunshot almost circular in shape, .8 cm in diameter with sl. contuse-abraided collar located at the (R) lower leg.

    2. Exit wound, gunshot, .8 cm in diameter with edges everted located at the (R) lower leg.

    3. Broken shin bone (R)

    4. Entrance wound, gunshot almost circular in shape, .8 cm in diameter with sl. contuse-abraided collar located at the medial portion of the (R) lower leg.

    5. Exit wound, gunshot, with edges everted, .8 cm in diameter, located at the medial portion of the (R) lower leg.

    Date examined : August 20, 1996

    Place : Funeraria Filipinas, Bauan, Batangas

    Time began : 6:00 am

    Finished : 6:30 am

    III. CAUSE OF DEATH:chanrob1es virtual 1aw library

    Shock, Internal Hemorrhage

    Cardiac Arrest due to Multiple Gunshot Wounds

    IV. INFORMANT

    (Sgd.) Name : Guillermo Magmanlac

    Age : 47

    Rel : Uncle

    Prepared by:chanrob1es virtual 1aw library

    (Sgd.) Luisita C. Ramos, MD

    MHO-Mabini, Batangas

    Dr. Ramos said she could not determine the order in which the wounds were inflicted nor the precise position of the victim in relation to the assailant at the time of the attack. However, she said it was possible the victim was shot from the behind judging from the location of the entry wounds. She likewise claimed that her postmortem report was limited to only visual examination as she was not allowed by the victim’s mother to open up the cadaver. 9

    SPO4 Federico Bondoc, Jr., Records Verifier of the Firearms and Explosives Division of the Philippine National Police at Camp Crame in Quezon City, testified that accused-appellant had no license to possess a firearm. A certificate (Exh. G) to this effect was issued by Police Chief Inspector Edwin Nemenzo, Chief of the Records Branch. 10

    Finally, the victim’s brother, Toribio Atienza, testified for the prosecution. He claimed that his family and accused-appellant Sotero Reyes had been at odds for several months before the incident. Toribio advanced two possible reasons for the animosity. First, in July 1996, Francisco Atienza filed a complaint against accused-appellant before the Barangay Captain of Barangay Laurel for shouting in front of the house of the Atienzas. Second, Accused-appellant resented the fact that the pathway which had been built in their area did not reach as far as accused-appellant’s house. 11 Upon cross-examination, however, Toribio admitted he had no personal knowledge as regards the shouting incident as he was not at home when the alleged incident occurred. Nor did he have personal knowledge of the complaint that he said had been filed by Francisco against accused-appellant before the barangay. 12

    Accused-appellant was the sole witness in his behalf. He admitted killing Nicasio Atienza, but he claimed he acted in self-defense. He testified that on August 19, 1996, as early as 7 o’clock in the morning, he went to Sulu, another barangay in Mabini, to hunt for monkeys. Failing to find any, he decided to go home on his horse. On his way home, he met Roman Dalisay and Nicasio Atienza. Seeing the two, he alighted from his horse to confront Nicasio regarding an incident involving Nicasio and accused-appellant’s son, Edilberto Reyes. Accused-appellant demanded to know why Nicasio chased his (Sotero’s) son in August 1996. Nicasio did not explain. Instead, he dared accused-appellant to do as he pleased. Accused-appellant said he told Nicasio that he did not want trouble and warned him by firing a shot on the ground. Accused-appellant said that at that point Nicasio grabbed Roman by the shoulders, using the latter as cover. However, Nicasio released Roman as he (Nicasio) drew his bolo. Roman then dove to the ground. Sotero and Nicasio were just three to four meters from each other. Seeing Nicasio with his bolo drawn, Accused-appellant said he fired again six more times not knowing whether or not Nicasio had been hit.

    Accused-appellant claimed that for several months before the incident, there had been bad blood between his family and that of the Atienzas. He recalled that in June 1996, while accused-appellant was on his way home, he was allegedly blocked by Nicasio and Francisco. Because of the timely intervention of Alex, cousin of Nicasio and Francisco, Accused-appellant was able to continue on his way. Accused-appellant claimed he never knew why the brothers blocked him up. 13

    Two days later, Accused-appellant said he was summoned by the Barangay Captain of Laurel because of a complaint filed against him by Francisco. Francisco claimed accused-appellant threatened to kill the Atienzas and that, in the evening of July 12, 1996, Accused-appellant shouted epithets in front of their house.

    Accused-appellant alleged further that on August 18, 1996, Nicasio chased his (accused-appellant’s) son Edilberto. For this reason, he said, he asked Toribio to help him settle the matter between their two families, but Toribio showed no interest, saying it was not his problem. 14

    On November 11, 1998, the trial court rendered the decision subject of this appeal, the dispositive portion of which reads:chanrob1es virtual 1aw library

    Wherefore, in Criminal Case No. 8774, Accused Sotero Reyes @ "Turing" is hereby sentenced to imprisonment of six (6) years, eight (8) months and one (1) day prision mayor plus its accessory penalties, to pay a fine of P30,000.00 and the costs.

    In Criminal Case No. 8773, Accused Sotero Reyes @ "Turing" is sentenced to the supreme penalty of Death to be administered pursuant to law. He is further directed to indemnify the heirs of the deceased-victim Nicasio Atienza with the sum of P100,000.00 representing moral, actual and exemplary damages. Costs against the accused.

    SO ORDERED. 15

    In this appeal, Accused-appellant does not question his conviction for illegal possession of firearm and ammunition nor does he pray for his acquittal. Instead, he seeks his conviction for the lesser crime of homicide rather than murder and the consequent reduction of the penalty imposed upon him.

    The Solicitor General maintains, however, that treachery was adequately established by the prosecution, making the crime committed as murder. He agrees, however, that evident premeditation cannot be appreciated against the accused-appellant as the same had not been proved. 16 The sole issue to be resolved, therefore, is whether treachery qualified the killing in this case to murder.

    I.


    It is conceded that evident premeditation was not present in this case. Even the Solicitor General agrees that such qualifying circumstance has not been proven by the prosecution. However, finding that as treachery has not been established, we hold that accused-appellant is guilty only of homicide for the killing of Nicasio Atienza.

    First. There is treachery when the offender commits any of the crimes against person, employing means, methods, or forms in the execution thereof which tend directly and specially to ensure its execution, without risk to himself arising from the defense which the offended party might make. 17 The essence of treachery is the sudden and unexpected attack by an aggressor or an unsuspecting victim, depriving the latter of any real chance to defend himself, thereby ensuring its commission without risk to the aggressor and without the slightest provocation on the part of the victim. 18

    The Solicitor General contends that the qualifying circumstance of treachery was sufficiently established through the testimony of Roman Dalisay. 19 As already noted, this witness said that he and the victim were walking along a pathway when accused-appellant suddenly appeared, armed with a carbine; that after uttering, "Uklot, Manny, uklot!" (Drop to the ground, Manny, drop to the ground!), Accused-appellant fired at the victim several times; and accused-appellant continued to fire at the victim even when the latter was already slumped on the ground. 20 The Solicitor General argues that the swiftness and suddenness of the attack left the victim helpless to put up any form of defense.

    Treachery is of course present when the shooting is unexpected and sudden, giving an unarmed victim no chance whatsoever to defend himself. The two conditions for treachery are that (1) at the time of the attack, the victim was not in a position to defend himself, and (2) the offender consciously adopted the particular means, method, or form of attack employed by him. It is to be recalled, however, that there had already been a long-standing grudge and bad blood between the families of accused-appellant and of the victim as early as June or July of 1996. In fact, Accused-appellant had sought the intercession of the victim’s brother, Toribio, so that the family feud could be settled. It should be recalled further that Nicasio had been warned of the attack by Accused-Appellant. This was why he (Nicasio) tried to use Roman as a shield. These circumstances negate the probability of a surprise attack. 21 Indeed, Roman Dalisay testified that when he was ordered by Nicasio to drop to the ground, he asked Nicasio to run. Had accused-appellant intended to surprise Nicasio to ensure that the latter would not be able to defend himself, Accused-appellant would not have forewarned Roman. He would just have attacked Nicasio without any warning. Thus, in People v. Rillorta, 22 this Court ruled that there is no treachery if an assault is preceded by a heated exchange of words between the accused and the deceased. And, in People v. Rivera, 23 it was held that there is no treachery if the victim was aware of the hostility of the assailant toward him.

    It is likewise not disputed that accused-appellant was hunting for monkeys. He was on his way home 24 when he met Nicasio and Roman Dalisay. That he had a rifle is not sufficient proof that he was lying in ambush for Nicasio. Besides, doubts, if any, are resolved in favor of the accused.

    Second. Pursuant to R.A. No. 8294, as held in People v. Guillermo Nepomuceno, Jr.:25cralaw:red

    . . . [P]ursuant to the amendment, the use of an unlicensed firearm in the commission of murder or homicide is treated as an aggravating circumstance. Therefore, the illegal possession or use of the unlicensed firearm is no longer separately punished. This Court emphatically said so in People v. Bergante, thus:chanrob1es virtual 1aw library

    The violation of P.D. No. 1866 should have been punished separately conformably with our ruling in People v. Quijada. Nevertheless, fortunately for appellant Rex Bergante, P.D. No. 1866 was recently amended by Republic Act No. 8294, otherwise known as "An Act Amending the Provisions of Presidential Decree No. 1866, as Amended" The third paragraph of Section 1 of said Act provides that "if homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance." In short, only one offense should be punished, viz., either homicide or murder, and the use of the unlicensed firearm should only be considered as an aggravating circumstance. Being favorable to Rex Bergante, this provision may be given retroactive effect pursuant to Article 22 of the Revised Penal Code, he not being a habitual criminal. 26

    Thus, if an unlicensed firearm was used in the commission of murder or homicide, the possession of the same would simply be considered as an aggravating circumstance. Although the crime in this case was committed on August 19, 1996, R.A. No. 8294, which took effect on July 6, 1997, should be given retroactive effect it being more favorable to the accused. 27 Moreover, as held in People v. Valdez: 28

    Republic Act 8294 took effect on July 6, 1997, fifteen days after its publication on June 21, 1997. The crimes involved in the case at bar were committed on September 17, 1995. As in the case of any penal law, the provisions of Republic Act No. 8294 will generally have prospective application. In cases, however, where the new law will be advantageous to the accused, the law may be given retroactive application (Article 22, Revised Penal Code). Insofar as it will spare accused-appellant in the case at bar from a separate conviction for the crime of illegal possession of firearms, Republic Act No. 8294 may be given retroactive application in Criminal Case No U-8749 (for Illegal Possession of Firearm) subject of this present review.

    However, the use of an unlicensed firearm in the case at bar cannot be considered as a special aggravating circumstance in Criminal Case No. U-8747 (for Complex Crime of Multiple Murder), also under review herein, because it will unduly raise the penalty for the four counts of murder from four reclusion perpetua to that of four-fold death. Insofar as this particular provision of Republic Act 8294 is not beneficial to accused-appellant because it unduly aggravates the crime, this new law will not be given retroactive application, lest it might acquire the character of an ex-post facto law.

    We now consider accused-appellant’s civil liability. For the death of Nicasio Atienza, Accused-appellant should be ordered to pay the legal heirs of the victim the amount of P50,000.00 by way of civil indemnity. However, the trial court’s award of actual damages cannot be sustained for lack of competent evidence to support it. In People v Oliano, 29 it was held:chanrob1es virtual 1aw library

    We cannot, however, sustain the award of actual damages. To seek recovery of actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable by the injured party. In this case, we find no such proof to sustain the award of actual damages. The prosecution merely presented a bond paper containing a list of expenses allegedly incurred from the killing to the burial of Benjamin Matias. They did not present any receipt or other evidence to support the claim. Nonetheless, appellant should pay the heirs of the deceased temperate damages in the amount of P10,000. Under Art. 2224 of the Civil Code, 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."cralaw virtua1aw library

    Although Toribio Atienza promised to submit receipts to support his claim for the burial and funeral expenses of the victim, 30 he failed to do so. In lieu of actual damages, temperate damages should be allowed the heirs of Nicasio considering that some pecuniary loss has been suffered by them although the amount of the same cannot be proved with certainty. 31 In accordance with our ruling in People v. Oliano, 32 the amount of P10,000.00 should be awarded to the heirs of Nicasio as temperate damages. In addition, pursuant to Art. 2219, in relation to Art. 2206, and Art. 2230 of the Civil Code, an award of moral damages in the amount of P50,000.00 and exemplary damages of P25,000.00 should be ordered paid to the heirs in view of the presence of an aggravating circumstance, ie., illegal possession of firearm, in the commission of the crime.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the judgment appealed from is hereby MODIFIED by finding accused-appellant guilty of homicide and sentencing him to suffer an indeterminate penalty of twelve (12) years of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum. He is also ordered to pay the heirs of the deceased Nicasio Atienza the following amounts:chanrob1es virtual 1aw library

    (1) P50,000.00 as civil indemnity for the victim’s death;

    (2) P10,000.00 as temperate damages, representing burial and funeral expenses;

    (3) P50,000.00 as moral damages;

    (4) P25,000.00 as exemplary damages; and

    (5) the costs of this suit.

    SO ORDERED.

    Davide, Jr., CJ., Bellosillo, Melo, Puno, Kapunan, Panganiban, Quisumbing, Pardo, Buena, Ynares-Santiago, De Leon, Jr., and Sandoval-Gutierrez, JJ., concur.

    Vitug, J., on official leave.

    Endnotes:



    1. Per Judge Conrado R Antona.

    2. Rollo, p. 5

    3. Id., p-7.

    4. Decision, p. 2; Rollo, p. 18.

    5. Exh. D; TSN, pp. 1-7, Feb. 12, 1998; TSN, pp. 1-19, March 31, 1998.

    6. TSN, pp. 2-6, July 7, 1998.

    7. TSN, pp. 2-10, July 2, 1997; id.

    8. Records, p. 20.

    9. TSN, pp. 13-18, Jan. 19, 1998.

    10. TSN, pp. 6-11, July 7, 1998.

    11. TSN, pp. 8-14, July 28, 1997; Exh. C; Records, pp. 9-10.

    12. TSN, pp. 8-14, July 28, 1997.

    13. TSN, pp. 2-15, Sept. 8, 1998.

    14. TSN, pp. 2-15, Sept. 8, 1998.

    15. Decision, p. 8; Rollo, p. 24.

    16. Rollo, pp. 92-94.

    17. REVISED PENAL CODE, ART. 14, par. 16; People v. Botona, 304 SCRA 712 (1999).

    18. People v. Vermudez, 302 SCRA 276 (1999); People v. Abrenica, 252 SCRA 54 (1996).

    19. Rollo, pp. 92-94.

    20. Exh. D; TSN, pp. 1-7, Feb. 12, 1998; TSN, pp. 1-19, March 31, 1998.

    21. People v. Lopez, 313 SCRA 114 (1999); People v. Domingo, 312 SCRA 487 (1999); People v. Germina, 290 SCRA 146 (1998).

    22. 180 SCRA 102 (1989).

    23. 221 SCRA 647 (1993)

    24. TSN, pp. 2-15, Sept. 8, 1998.

    25. 309 SCRA 466 (1999).

    26. 309 SCRA 466, 472 (1999) citing People v. Bergante, 286 SCRA 629, 644 (1998).

    27. People v. Samonte, G.R. No. 126048, Sept. 29, 2000.

    28. 304 SCRA 611, 630-631 (1999).

    29. 287 SCRA 158, 179 (1998).

    30. TSN, pp. 8-14, July 28, 1997.

    31. CIVIL CODE, ART. 2224.

    32. 287 SCRA 158 (1998).

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


    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