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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
 

   
September-2001 Jurisprudence                 

  • G.R. No. 137538 September 3, 2001 - OFFICE OF THE OMBUDSMAN v. HON. FRANCISCO B. IBAY

  • A.M. No. MTJ-00-1249 September 4, 2001 - PHIL. GERIATRICS FOUNDATION, ET AL. v. LYDIA QUERUBIN LAYOSA

  • A.M. No. P-00-1373 September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.

  • A.M. No. P-01-1501 September 4, 2001 - JOSEPHINE D. SARMIENTO v. ALBERT S. SALAMAT

  • A.M. No. P-01-1502 September 4, 2001 - CRESENCIO N. BONGALOS v. JOSE R. MONUNGOLH and VICTORIA D. JAMITO

  • A.M. No. P-99-1357 September 4, 2001 - SHERWIN M. BALOLOY v. JOSE B. FLORES

  • A.M. No. RTJ-01-1651 September 4, 2001 - PROSECUTOR LEO C. TABAO v. JUDGE FRISCO T. LILAGAN

  • G.R. No. 125359 September 4, 2001 - ROBERTO S. BENEDICTO and HECTOR T. RIVERA v. THE COURT OF APPEALS

  • G.R. No. 126859 September 4, 2001 - YOUSEF AL-GHOUL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127181 September 4, 2001 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132709 September 4, 2001 - CAMILO L. SABIO, ET AL. v. INTERNATIONAL CORPORATE BANK, ET AL.

  • G.R. No. 134490 September 4, 2001 - PEOPLE OF THE PHILIPPINES v. JOEL BRAGAT

  • G.R. Nos. 135356-58 September 4, 2001 - PEOPLE OF THE PHIL. v. MELECIO SAGARINO

  • G.R. No. 138923 September 4, 2001 - PEOPLE OF THE PHIL. v. ANITA AYOLA, ET AL.

  • A.M. No. MTJ-01-1344 September 5, 2001 - LYDIO ARCILLA, ET AL. v. LUCIO PALAYPAYON, ET AL.

  • G.R. No. 128145 September 5, 2001 - J.C. LOPEZ & ASSOCIATES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 133886 September 5, 2001 - PEOPLE OF THE PHILIPPINES v. OSCAR PARBA

  • G.R. No. 134101 September 5, 2001 - PEOPLE OF THE PHIL. v. FELINO O. LLANITA

  • G.R. No. 136054 September 5, 2001 - SEVERINA SAN MIGUEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 132714 September 6, 2001 - PEOPLE OF THE PHIL. v. RENATO LALINGJAMAN

  • G.R. Nos. 139064-66 September 6, 2001 - PEOPLE OF THE PHIL. v. ALBERTO ARCE

  • G.R. No. 140529 September 6, 2001 - JOSE P. LOPEZ v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141400 September 6, 2001 - PEOPLE OF THE PHIL. v. EVANGELINE GANENAS

  • Admin. Case. No. 4863 September 7, 2001 - URBAN BANK v. ATTY. MAGDALENO M. PEÑA

  • G.R. No. 114858-59 September 7, 2001 - COLUMBUS PHILIPPINES BUS CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 126352 September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.

  • G.R. No. 127261 September 7, 2001 - VISAYAN SURETY & INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129644 September 7, 2001 - CHINA BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131805 September 7, 2001 - PEOPLE OF THE PHIL. v. GREGORIO HERMOSA, ET AL.

  • G.R. No. 132064 September 7, 2001 - PEOPLE OF THE PHIL. v. ISAGANI BAYENG, ET AL.

  • G.R. No. 132320 September 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO OJERIO

  • G.R. Nos. 135402-03 September 7, 2001 - PEOPLE OF THE PHIL. v. IAN GONZAGA

  • G.R. No. 136779 September 7, 2001 - PEOPLE OF THE PHIL. v. ARNEL ASUNCION

  • G.R. No. 142065 September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR

  • G.R. No. 142875 September 7, 2001 - EDGAR AGUSTILO v. COURT OF APPEALS, ET AL.

  • G.R. No. 144877 September 7, 2001 - DEVELOPMENT BANK OF THE PHIL. v. VERONICA AGUIRRE, ET AL.

  • A.M. No. P-01-1506 September 10, 2001 - GEORGE S. BICBIC v. DHALIA E. BORROMEO

  • G.R. Nos. 104769 & 135016 September 10, 2001 - AFP MUTUAL BENEFIT ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118943 September 10, 2001 - MARIO HORNALES v. NLRC, ET AL.

  • G.R. No. 130362 September 10, 2001 - INT’L FLAVORS & FRAGRANCES (PHIL.) v. MERLIN J. ARGOS, ET AL.

  • G.R. No. 138485 September 10, 2001 - DR. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 141970 September 10, 2001 - METROPOLITAN BANK v. FLORO T. ALEJO

  • G.R. No. 145588 September 10, 2001 - ESPERIDION LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140398 September 11, 2001 - FRANCISCO DELA MERCED, ET AL. v. GSIS, ET AL.

  • G.R. No. 121877 September 12, 2001 - PEOPLE OF THE PHIL v. ERLINDA GONZALES

  • G.R. Nos. 138431-36 September 12, 2001 - PEOPLE OF THE PHIL. v. DIOSCORA M. ARABIA, ET AL.

  • G.R. No. 140903 September 12, 2001 - HENRY SY v. COMMISSION ON SETTLEMENT OF LAND PROBLEMS, ET AL.

  • A.M. No. 00-1-4-03-SC September 13, 2001 - RE: REQUEST FOR LIVE RADIO-TV COVERAGE OF THE TRIAL IN THE SANDIGANBAYAN OF THE PLUNDER CASES AGAINST FORMER PRESIDENT JOSEPH E. ESTRADA v. JOSEPH E. ESTRADA and INTEGRATED BAR OF THE PHILIPPINES

  • A.M. No. 00-4-188-RTC September 13, 2001 - REQUEST OF MR. OSCAR T. LLAMAS FOR RE-ASSIGNMENT OSCAR T. LLAMAS v. EMMANUEL LACANDOLA AND ET. AL.

  • G.R. No. 120009 September 13, 2001 - DOLE PHILIPPINES v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 122095 September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN

  • G.R. No. 127913 September 13, 2001 - RCBC v. METRO CONTAINER CORP.

  • G.R. No. 132354 September 13, 2001 - PEOPLE OF THE PHIL. v. DEOMEDES IGLESIA

  • G.R. Nos. 136840-42 September 13, 2001 - PEOPLE OF THE PHIL. v. ROMEO NAVARETTE

  • G.R. No. 137250-51 September 13, 2001 - PABLO MARGAREJO v. HON. ADELARDO ESCOSES

  • G.R. No. 138972-73 September 13, 2001 - PEOPLE OF THE PHIL. v. EUGENIO B. MARQUEZ, ET AL.

  • G.R. No. 140512 September 13, 2001 - PEOPLE OF THE PHIL. v. PETER PELERAS, ET AL.

  • G.R. No. 142043 September 13, 2001 - PEOPLE OF THE PHIL. v. NELSON BITUON

  • G.R. No. 142430 September 13, 2001 - PEOPLE OF THE PHIL. v. RONNIE QUINICIO, ET AL.

  • G.R. No. 142444 September 13, 2001 - OFELIA D. ARTUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142649 September 13, 2001 - ANTONIO C. SAN LUIS v. COURT OF APPEALS

  • G.R. No. 143702 September 13, 2001 - PEOPLE OF THE PHIL. v. ZALDY MENDOZA

  • G.R. No. 129212 September 14, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO LACUESTA, ET AL.

  • A.M. No. RTJ-00-1575 September 17, 2001 - ISAGANI RIZON v. JUDGE OSCAR E. ZERNA

  • A.M. No. RTJ 99-1498 September 17, 2001 - VICENTE P. LIM v. JUDGE JACINTA B. TAMBAGO, ET AL.

  • G.R. No. 111584 September 17, 2001 - PRODUCERS BANK OF THE PHILIPPINES v. COURT OF APPEALS and SPOUSES SALVADOR Y. CHUA and EMILIA U. CHUA

  • G.R. No. 135644 September 17, 2001 - GOVERNMENT SERVICE INSURANCE SYSTEM v. SPOUSES GONZALO and MATILDE LABUNG-DEANG

  • G.R. No. 135912 September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 138219 September 17, 2001 - GERARDO V. TAMBAOAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138943-44 September 17, 2001 - PEOPLE OF THE PHIL. v. HENRY ALMAZAN

  • G.R. No. 141209 September 17, 2001 - ANTONIA HUFANA, ET AL. v. WILLIAM ONG GENATO

  • A. C. No. 5043 September 19, 2001 - ABEDIN L. OSOP v. ATTY. V. EMMANUEL C. FONTANILLA

  • G.R. No. 135936 September 19, 2001 - THE PEOPLE OF THE PHILIPPINES v. GUALBERTO MIRADOR alias "GOLING"

  • G.R. No. 144400 September 19, 2001 - DOMINGO O. IGNACIO v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. MTJ-01-1369 September 20, 2001 - GUILLERMA D. CABAÑERO v. JUDGE ANTONIO K. CAÑON

  • A.M. No. MTJ-01-1371 September 20, 2001 - ATTY. NESCITO C. HILARIO v. JUDGE ROMEO A. QUILANTANG

  • A.M. No. RTJ-99-1472 September 20, 2001 - SPOUSES HERMINIO, ET Al. v. HON. DEMETRIO D. CALIMAG

  • A.M. No. P-01-1483 September 20, 2001 - EDNA FE F. AQUINO v. ISABELO LAVADIA

  • G.R. No. 116938 September 20, 2001 - LEONILA GARCIA-RUEDA v. REMEDIOS A. AMOR, ET AL.

  • G.R. No. 127405 September 20, 2001 - MARJORIE TOCAO and WILLIAM T. BELO v. COURT OF APPEALS and NENITA A. ANAY

  • G.R. No. 130399 September 20, 2001 - PUBLIC UTILITIES DEPARTMENT v. HON. TEOFISTO T. GUINGONA

  • G.R. Nos. 135068-72 September 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO RAMOS

  • G.R. No. 137674 September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.

  • G.R. No. 139410 September 20, 2001 - PEOPLE OF THE PHILIPPINES v. SILVERIO AGUERO

  • G.R. No. 140898 September 20, 2001 - THE PEOPLE OF THE PHILIPPINES v. JOSE ISHIKAWA AMBA

  • A.M. No. P-99-1289 September 21, 2001 - JUDGE NAPOLEON S. DIAMANTE v. ANTHONY A. ALAMBRA

  • G.R. Nos. 119609-10 September 21, 2001 - PCGG v. HONORABLE SANDIGANBAYAN (Third Division), ET AL.

  • G.R. No. 128876 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO FELIZAR y CAPULI

  • G.R. No. 132384 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MARLON GADIA

  • G.R. No. 134596 September 21, 2001 - RAYMUND ARDONIO v. THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 142889 September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO

  • G.R. No. 145416 September 21, 2001 - GOLDEN HORIZON REALTY CORPORATION v. SY CHUAN

  • A.M. No. 99-6-79-MTC September 24, 2001 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MUNICIPAL TRIAL COURT

  • A.M. No. P-01-1512 September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO

  • G.R. Nos. 132442-44 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. BERNARDINO ARANZADO

  • G.R. Nos. 135524-25 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO AGUSTIN

  • G.R. No. 141897 September 24, 2001 - METRO CONSTRUCTION v. CHATHAM PROPERTIES

  • G.R. No. 144404 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. LEODEGARIO BASCUGUIN Y AGQUIZ

  • G.R. Nos. 127759-60 September 25, 2001 - PEOPLE OF THE PHIL. v. PO3 NOEL FELICIANO

  • G.R. Nos. 134527-28 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. SERAPIO REY alias APIONG

  • G.R. Nos. 136867-68 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO GALVEZ y JEREZ

  • G.R. No. 137612 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE

  • A.C. No. 4497 September 26, 2001 - MR. and MRS. VENUSTIANO G. SABURNIDO v. ATTY. FLORANTE E. MADROÑO

  • A.C. No. 4990 September 26, 2001 - ELENA ZARATE-BUSTAMANTE and LEONORA SAVET CATABIAN v. ATTY. FLORENTINO G. LIBATIQUE

  • G.R. No. 122824 September 26, 2001 - AURORA F. IGNACIO v. VALERIANO BASILIO,

  • G.R. No. 123058 September 26, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NAPUD, JR.

  • G.R. No. 129107 September 26, 2001 - ALFONSO L. IRINGAN v. HON. COURT OF APPEALS , ET AL.

  • G.R. Nos. 129530-31 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. WILFREDO OLARTE

  • G.R. Nos. 138308-10 September 26, 2001 - THE PEOPLE OF THE PHILIPPINES v. PABLO SANTOS

  • G.R. No. 142564 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. HILGEM NERIO y GIGANTO

  • G.R. Nos. 143108-09 September 26, 2001 - REPUBLIC OF THE PHILIPPINES. v. COURT OF APPEALS

  • Adm. Case. No. 5505 September 27, 2001 - SEVERINO RAMOS v. ATTY. ELLIS JACOBA and ATTY. OLIVIA VELASCO JACOBA

  • G.R. No. 131864-65 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. SHERJOHN ARONDAIN and JOSE PRECIOSO

  • G.R. Nos. 134963-64 September 27, 2001 - ALFREDO LONG and FELIX ALMERIA v. LYDIA BASA

  • G.R. No. 137676 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. ATTY. ROBERTO DIONISIO

  • G.R. No. 144035 September 27, 2001 - PEOPLE OF THE PHIL. v. VICENTE M. BASQUEZ

  • A.M. No. P-00-1391 September 28, 2001 - LIBRADA D. TORRES v. NELSON C. CABESUELA

  • G.R. No. 122425 September 28, 2001 - FLORDELIZA H. CABUHAT v. THE HONORABLE COURT OF APPEALS

  • G.R. No. 124535 September 28, 2001 - THE RURAL BANK OF LIPA CITY, ET AL. v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 125154 September 28, 2001 - DIGNA VERGEL v. COURT OF APPEALS and DOROTEA-TAMISIN GONZALES

  • G.R. No. 125442 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FERNANDO ARELLANO y ROBLES

  • G.R. No. 127232 September 28, 2001 - GOLDENROD v. HONORABLE COURT OF APPEALS and PATHFINDER HOLDINGS (PHILIPPINES)

  • G.R. No. 127241 September 28, 2001 - LA CONSOLACION COLLEGE, ET AL. v. NLRC , ET AL.

  • G.R. No. 134128 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. GERARDO DE LAS ERAS y ZAFRA

  • G.R. No. 134928 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FILOMENO BARNUEVO. ET AL.

  • G.R. Nos. 140789-92 September 28, 2001 - THE PEOPLE OF THE PHILIPPINES v. ALIPIO CARBONELL and DIONISIO CARBONELL

  • G.R. No. 145371 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. BEN AQUINO and ROMEO AQUINO

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    G.R. No. 142065   September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 142065. September 7, 2001.]

    LENIDO LUMANOG, AUGUSTO SANTOS, SP02 CESAR FORTUNA and RAMESES DE JESUS, Petitioners, v. HON. JAIME N. SALAZAR, JR., as Judge of RTC of Quezon City Branch 103, and PEOPLE OF THE PHILIPPINES, Respondents.

    D E C I S I O N


    DE LEON JR., J.:


    Before us is a petition for certiorari under Rule 65 of the Rules of Court seeking to annul and set aside the Orders 1 dated January 25, 26 and 28, 2000 of the Regional Trial Court of Quezon City, Branch 103, presided by respondent Judge Jaime N. Salazar, Jr., in Criminal Case No. Q-96-66684 for murder.

    It appears that on June 13, 1996 at around 8:00 o’clock in the morning retired Colonel Rolando N. Abadilla was killed in an ambush along Katipunan Avenue, Project 4, Quezon City. Police investigation of the slaying incident resulted in the arrest of herein petitioners Lenido L. Lumanog, SPO2 Cesar A. Fortuna, Rameses C. De Jesus, Augusto G. Santos and their co-accused Joel V. De Jesus, Lorenzo C. Delos Santos and Arturo C. Napolitano. Subsequently, an information for the crime of murder 2 was filed against all that accused. An information for the crime of theft 3 was also filed against them, except Augusto G. Santos, including separate informations for the crime of illegal possession of firearm 4 against Lorenzo C. Delos Santos, SPO2 Cesar A. Fortuna and Rameses C. De Jesus.chanrob1es virtua1 law library

    Upon arraignment, all the accused entered the plea of "Not guilty" to each of the informations respectively filed against them.

    After joint trial on the merits, respondent trial judge issued on August 11, 1999 a Joint Decision 5 dated July 30, 1999 convicting Lenido Lumanog, SPO2 Cesar Fortuna, Rameses De Jesus, Joel De Jesus and Augusto Santos of the crime of murder for killing retired Col. Rolando N. Abadilla and sentencing them to suffer the supreme penalty of death, while acquitting Arturo Napolitano and Lorenzo Delos Santos on the ground of reasonable doubt. The separate informations for theft and illegal possession of firearms were dismissed for lack of evidence.

    On August 25, 1999 accused Lenido Lumanog, through his counsel, Atty. Asterio Rea, timely filed a Motion for Reconsideration 6 of the Joint Decision, which motion was opposed by the prosecution. This was followed by separate Motions for New Trial respectively filed by accused Joel De Jesus and Lenido Lumanog, through counsel, on September 2, 1999 and September 24, 1999 which were both opposed by the prosecution.

    On November 25, 1999 accused Lumanog, through his new counsel, Atty. Soliman Santos, filed a Supplement to the Motion for Reconsideration. 7 On December 16, 1999 the same accused filed an Addendum to Supplement 8 (to the motion for reconsideration) dated December 13, 1999 including a Manifestation and Submission 9 dated December 14, 1999 and a Manifestation and Motion 10 dated December 15, 1999. The prosecution filed an opposition to the Addendum to Supplement on January 12, 2000 to which a Reply/Rejoinder was filed by accused Lumanog on January 25, 2000.

    On January 14, 2000 accused Lumanog, through counsel, filed another set of three (3) pleadings, namely: Memorandum to Clarify Pending Incidents/Motions 11 dated January 11, 2000, Memorandum on Nature of Proposed Additional Evidence 12 dated January 12, 2000 and Manifestation on the Posture and Attitude of the Prosecution 13 dated January 13, 2000.chanrob1es virtua1 1aw 1ibrary

    Meanwhile, on January 19, 2000, Fr. Roberto P. Reyes, parish priest of the Parish of the Holy Sacrifice, University of the Philippines, Diliman, Quezon City, assisted by Atty. Neri Javier Colmenares, filed an Urgent Independent Motion for Leave of Court to Present Vital Evidence. 14

    On January 25, 2000 respondent judge issued an Order 15 The dispositive portion of which reads:chanrob1es virtual 1aw library

    1. to DENY the Motion for Reconsideration by accused Lenido LUMANOG;

    2. to DENY the Motion for New Trial by accused Joel de Jesus; to consider the Motion for New Trial by accused Lenido Lumanog as abandoned and/or withdrawn;

    4. to DENY the Supplement to the Motion for Reconsideration by accused Lenido Lumanog as well as his addendum thereto and his Manifestation and Motion dated December 15, 1999 to allow him to introduce additional evidence in support of his Supplement to the Motion for Reconsideration;

    5. to DENY the Manifestation and Submission dated December 14, 1999 by accused Lenido Lumanog;

    6. and to ORDER the immediate transmittal of the records of these cases to the Honorable Supreme Court for automatic review pursuant to law, the Rules of Court and the Joint Decision of this court dated July 30, 1999.

    SO ORDERED.

    After the hearing on January 26, 2000, respondent judge issued another Order 16 denying the Urgent Independent Motion for Leave of Court to Present Vital Evidence filed by Fr. Roberto Reyes on the ground that it was belatedly filed, barred by the rule on hearsay and for lack of legal standing of movant Fr. Reyes to file the said motion before the trial court. Respondent trial judge, however, ordered that the Omega wristwatch allegedly belonging to the late Col. Abadilla, the copy of the motion for leave to present vital evidence and the transcript of the proceedings on January 26, 2000 be attached to the records of the case as part of the offer of proof of the defense.chanrob1es virtua1 1aw 1ibrary

    The Order 17 issued on January 28, 2000 merely elaborated on the grounds relied upon by respondent judge In denying on January 26, 2000 the Urgent Independent Motion for Leave of Court to Present Vital Evidence of Fr. Reyes.

    Just before the records of Criminal Case No. Q-96-66684 were transmitted to this Court on February 11, 2000, for automatic review of the said Joint Decision dated July 30, 1999, Accused Lumanog through his new counsel belatedly filed on February 9, 2000 two (2) more pleadings, namely, a Final Submission To This Court 18 dated February 8, 2000 together with an attached copy of the letter of Lt. Gen. Jose M. Calimlim of the AFP Intelligence Service regarding an unsuccessful operation of the Alex Boncayao Brigade (ABB, for brevity) to kill Col. Abadilla, and Final Manifestation To This Court 19 dated February 9, 2000.

    The instant petition for certiorari 20 assails the three (3) separate Orders of respondent trial judge in Criminal Case No. Q-96-66684 respectively dated January 25, 26 and 28, 2000 insofar as respondent trial judge allegedly gravely abused his discretion in denying petitioners-accused the opportunity to introduce evidence on the alleged role of the ABB in the ambush slay of Col. Abadilla. The ABB angle of the case was raised for the first time on November 25, 1999 in petitioner-accused Lumanog’s Supplement to the Motion for Reconsideration in support of their defense of alibi and denial. Petitioners argue that since the ABB allegedly killed Col. Abadilla, then they, who are not members thereof, are entitled be acquitted of the crime of murder. Additionally, petitioners seek the inhibition of respondent judge from this case allegedly for being-biased against the petitioners.

    In their separate comments 21 the People, represented by the Office of the Solicitor General, and the private prosecutors, led by Atty. Manuel M. Lazaro, contend in essence that respondent trial judge did not commit grave abuse of discretion in denying the Supplement to the Motion for Reconsideration dated November 25, 1999 of petitioner Lumanog, which partakes of a motion for new trial, and his Addendum to Supplement dated December 13, 1999 including the Urgent Independent Motion for Leave of Court to Present Vital Evidence dated January 19, 2000 of Fr. Roberto Reyes for the reason, among others, that the same were belatedly filed. The respondents also contend that the alleged pieces of evidence sought to be presented by the petitioners consisting of raw and unverified newspaper reports and AFP/PNP intelligence materials are not newly discovered evidence, and that the testimony of Fr. Reyes on his conversation with an alleged ABB member who purportedly knows certain facts about the Abadilla killing and who turned over to him the Omega wristwatch allegedly belonging to the victim, would be hearsay.

    Besides, the new theory of the petitioners, which was raised for the first time in petitioner Lumanog’s Supplement to the Motion for Reconsideration dated November 25, 1999 shifting criminal responsibility for the killing of Col. Abadilla to the ABB, was intended to counter the positive identification of the petitioners accused by prosecution eyewitness Freddie Alejo whose credibility was upheld by respondent judge in his Joint Decision dated August 11, 1999.chanrob1es virtua1 1aw 1ibrary

    The petition is not impressed with merit.

    The instant petition for certiorari under Rule 65 of the Rules of Court filed by the petitioners on March 15, 2000 is improper as the subject orders of respondent trial judge may be questioned only in the main case, that is, in Criminal Case No. Q-96-66684 which is already before the Supreme Court, as of February 11, 2001, on automatic review because of the death penalty imposed by the trial court on the petitioners-accused for the killing of Col. Abadilla.

    The alleged responsibility of the ABB in the killing of retired Col. Rolando N. Abadilla was raised in the trial court for the first time on November 25, 1999 in petitioner-accused Lumanog’s Supplement to the Motion for Reconsideration. Although denominated as Supplement to the Motion for Reconsideration, the same was actually a motion for new trial as it prayed for the reopening of the case for the introduction of additional evidence.

    Under Section 1, Rule 121, of the Revised Rules of Criminal Procedure, a motion for new trial may be filed at any time before a judgment of conviction becomes final, that is, within fifteen (15) days from its promulgation or notice. 22 Petitioner Lumanog filed his Supplement to the Motion for Reconsideration, which as aforesaid was actually a motion for new trial, only on November 25, 1999 or after the Joint Decision was promulgated on August 11, 1999. It was denied in the Order of January 25, 2000.

    The requisites for newly discovered evidence under Section 2, Rule 121 of the Revised Rules of Criminal Procedure are: (a) the evidence was discovered after the trial; (b) such evidence could not have been discovered and produced at the trial with reasonable diligence; and (c) that it is material, not merely cumulative, corroborative or impeaching, and is of such weight that, if admitted, will probably change the judgment. 23

    A perusal of the pieces of evidence, except the Omega wristwatch, which are sought to be presented by the petitioners in a new trial are not newly discovered evidence because they were either available and could have been presented by the defense during the trial of the case with the exercise of due diligence, such as the alleged newspaper reports and AFP/PNP intelligence materials on Col. Abadilla. The wristwatch allegedly belonging to the late Col. Abadilla is immaterial to the case of murder while the testimony of Fr. Roberto Reyes on the turn over of the said wristwatch by an alleged member of the ABB who purportedly knows certain facts about the killing of Col. Abadilla would be hearsay without the testimony in court of the said alleged member of the ABB. The document which granted amnesty to Wilfredo Batongbakal is irrelevant to the killing of Col. Abadilla inasmuch as Batongbakal does not appear privy to the actual commission of the crime of murder in the case at bar. If at all, those pieces of additional evidence will at most be merely corroborative to the defense of alibi and denial of herein petitioners. Petitioners’ alternative prayer that this Court itself conduct hearings and receive evidence on the ABB angle" is not well taken for the reason that the Supreme Court is not a trier of facts.chanrob1es virtua1 1aw 1ibrary

    Finally, the petitioners’ allegation of bias and partiality on the part of respondent judge can be taken up and discussed by the herein petitioners in their brief to be filed in G.R. Nos. 141660 64 24 pending before this Court relative to the automatic review of the Joint Decision of the trial court in Criminal Case No. Q-96-66684.

    In view of the foregoing, it is our view and we hold that the respondent judge did not commit grave abuse of discretion in issuing the subject Orders dated January 25, 26 and 28, 2000 in Criminal Case No. 9646684.

    WHEREFORE, the instant Petition for Certiorari (Rule 65) and for Extraordinary Legal and Equitable Remedies is hereby DISMISSED.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide Jr., CJ., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago and Sandoval-Gutierrez, JJ., concur.

    Endnotes:



    1. Penned by Judge Jaime N. Salazar, Jr.

    2. Docketed as Criminal Case No. Q-96-66684.

    3. Docketed as Criminal Case No. Q-96-66679.

    4. Docketed as Criminal Cases Nos. Q. GS-666 10; Q. 96 66682-83

    5. Annex D. Rollo, pp. 52-83.

    6. Annex E. Rollo, pp. 84-95.

    7. Annex F. Rollo, pp. 96-109.

    8. Annex H. Rollo, pp. 117-119.

    9. Annex I. Rollo, pp. 123-125.

    10. Annex J. Rollo, pp. 141-143.

    11. Annex N. Rollo, pp. 144-148.

    12. Annex O. Rollo, pp. 149-154.

    13. Annex P. Rollo, pp. 163-165.

    14. Annex Q. Rollo, pp. 166-170.

    15. Annex A. Rollo, pp. 37-44.

    16. Annex B. Rollo, pp. 45-46.

    17. Annex C. Rollo, pp. 48-51.

    18. Annex V. Rollo, pp. 180-181.

    19. Annex W. Rollo, p. 186.

    20. Rollo, pp. 4-32.

    21. Rollo, pp. 304-325. The Comment filed by the Office of the Solicitor General in behalf of the People is attached to the unnumbered latter portion of the rollo.

    22. People v. Ecija, 258 SCRA 424, 443 (1996),

    23. Amper v. Sandiganbayan, 279 SCRA 434, 442 (1997); Dapin v. Dionaldo 209 SCRA 38,44 (1992); People v. Tirona 300 SCRA 431, 440 (1997)

    24. People v. SPO2 Cesar Fortuna, Et. Al.

    G.R. No. 142065   September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR


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