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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. 142043   September 13, 2001 - PEOPLE OF THE PHIL. v. NELSON BITUON

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 142043. September 13, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NELSON BITUON, Accused-Appellant.

    D E C I S I O N


    GONZAGA-REYES, J.:


    The instant case is here on appeal from the judgment 1 of the Regional Trial Court of Manila, Branch 18 finding accused-appellant Nelson Bituon guilty of the crime of murder and sentencing him to suffer the penalty of reclusion perpetua.chanrob1es virtua1 1aw 1ibrary

    On September 13, 1995, an information charging accused-appellant of the crime murder was filed before the Regional Trial Court of Manila. The information read, as follows:jgc:chanrobles.com.ph

    "That on or about November 23, 1994, in the City of Manila, Philippines, the said accused did then and there willfully, unlawfully and feloniously, with intent to kill and with treachery and evident premeditation, attack, assault and use personal violence upon one Gerardo Castillo by then and there stabbing him with a bladed weapon, hitting him on the different parts of his body, thereby inflicting upon the latter mortal wounds which were the direct and immediate cause of his death thereafter 2 .

    Contrary to law."cralaw virtua1aw library

    Upon arraignment, Accused-appellant pleaded not guilty to the crime charged against him and thereafter, trial on the merits ensued.

    The facts of the case, as found by the trial court, are as follows:jgc:chanrobles.com.ph

    "The record shows that the accused and Gerardo Castillo used to be neighbors at the Parola Compound, Del Pan, Tondo, Manila. On April 12, 1992, a brother of the accused was killed in a rumble that occurred in the neighborhood between the family of the accused and that of the Castillo family. The accused suspected that it was the Castillo family that was responsible for the death of his brother, because Gerardo Castillo and his brother Eddie Castillo has warned him, (accused), that he would be next. Fearful for his life, the accused and his family transferred their residence to Kataingan, Masbate, where his in-laws are from.chanrob1es virtua1 1aw 1ibrary

    On November 23, 1994, at around 6:30 p.m., Gerardo Castillo was in the vicinity of the Mary Johnston Hospital, Tondo, Manila, when the accused suddenly appeared from behind and stabbed Gerardo on his back and right side. Though mortally wounded, Gerardo was able to walk all by himself to the Mary Johnston Hospital, for treatment. On learning that her son was at the hospital, Virginia Castillo rushed thereto and she was able to talk to Gerardo, who confided to her that the accused was the one that stabbed him. And his exact words as quoted by his mother were: ‘Nanay, and sumaksak po sa akin ay si Nonoy (nickname of accused).’

    Due to inability of Virginia to deposit P5,000.00 with the Mary Johnston Hospital, she took her son to the Jose Reyes Hospital. On their way to the Jose Reyes Memorial Hospital, Gerardo asked her not to neglect his children should anything happen to him. The following morning, Gerardo succumbed to the two stab wounds inflicted by the accused, Exhibit "I", "J" and "k’.

    The accused went into hiding until he was arrested by the police in Bacoor, Cavite, on July 17, 1997, for illegal possession of firearms. Later, he was turned over to the custody of this Court through the Warden of the Manila City Jail in connection with this case.chanrob1es virtua1 1aw 1ibrary

    The stabbing incident was witnessed by Ernesto Cabaniero, a retired seaman, single, 55 years old and a resident of 6646 Delpan Street, Binondo, Manila. He testified that on the evening in question, between the hour of 6:00 and 7:00 p.m., he was walking on Marga Street near the Mary Johnston Hospital, when he saw a man approach the victim and suddenly stab him at his back and other parts of his body. And on being asked by the trial prosecutor to look around in the courtroom to find out if the slayer was present, he pointed out and positively identified the accused as the killer of the victim. Not wanting to be involved, Cabaniero immediately went home. Three days later, he learned from the people in his place that the victim died as a result of the stab wounds he suffered. Several weeks later, he was approached by a woman, who resides one block away from his house, and she pleaded to him to testify in the case. At first he refused, but after the woman continued to entreat him on the matter, he was bothered by his conscience and he finally agreed to testify. 3"

    On December 3, 1999, the court a quo rendered a decision convicting accused-appellant of the crime of murder. The dispositive portion of the decision reads:jgc:chanrobles.com.ph

    "WHEREFORE, the court finds the accused Alexander (alias Nelson) Bituon, guilty beyond reasonable doubt of the crime of murder under Article 248 of the Revised Penal Code and hereby sentences him to suffer the penalty of reclusion perpetua with all the accessory penalties provided by law, and to pay the cost.chanrob1es virtua1 1aw 1ibrary

    On the civil liability of the accused, the Court sentences him to pay the heirs of the victim, Gerardo Castillo, moral and nominal damages in the sum of P300,000.00 and P200,000.00 respectively, and legal compensation for the loss of the victim in the sum of P50,000.00 with interest thereon at the legal rate of 6% per annum from this date until fully paid.

    SO ORDERED. 4"

    Hence, this appeal where accused-appellant raises the following assignment of errors 5 :chanrob1es virtual 1aw library

    I.


    THE LOWER COURT ERRED IN APPRECIATING THE AGGRAVATING CIRCUMSTANCES OF TREACHERY AND EVIDENT PREMEDITATION AGAINST THE ACCUSED WHICH WERE NOT PROVEN BY THE PROSECUTION.

    II.


    THE LOWER COURT ERRED IN FINDING THE ACCUSED GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF MURDER DEFINED UNDER ARTICLE 248 OF THE REVISED PENAL CODE WHEN HIS GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT.chanrob1es virtua1 1aw 1ibrary

    After a meticulous review of the evidence on record, we resolve to uphold the trial court’s judgment of conviction.

    In the case at bar, Accused-appellant was positively identified as the person who stabbed the victim Gerardo Castillo in the early evening of November 23, 1994. Witness Ernesto Cabaniero testified that he saw accused-appellant attack the victim by stabbing him on the back and on the right side of his body. Cabaniero, who was about 4 to 5 arms’ length away when the stabbing incident happened, was able to recognize accused-appellant because the place was well lit by several lampposts and, in fact, he was able to take note of accused- appellant’s mole on the left side of his face. The pertinent portions of Cabaniero’s testimony is as follows:jgc:chanrobles.com.ph

    "PROS. PABELONIA TO WITNESS: (Direct-Exam)

    Q: Mr. Witness, on November 23, 1994, between the hour of 6:00 and 7:00 in the evening, do you recall where you were?

    A: I am (sic) at Morga Street.chanrob1es virtua1 1aw 1ibrary

    Q: Where is this Morga Street located, in what District in Manila?

    A: Near Mary Johnson, Tondo, Manila.

    Q: Where did you come from at that time?

    A: I came from Sundeo Street, Tondo, Manila.

    Q: Where were you going then?

    A: I was going to Kagitingan Street.

    Q: While you were walking along Morga Street on your way to Kagitingan Street, on that particular day and time, do you recall of any unusual incident that took place?

    A: Yes, Sir.

    Q: Will you describe to this Hon. Court that unusual incident that took place?chanrob1es virtua1 1aw 1ibrary

    A: We heard somebody call our attention (may sumitsit po).

    Q: Then what happened after that?

    A: I saw somebody approach Gerry Castillo.

    Q: Then what happened?

    A: Gerry Castillo was stabbed at the back.

    Q: Who stabbed him?

    A: (witness pointing to a man who answered by the name of Nelson Bituon, the accused in this case)

    THE COURT:chanrob1es virtual 1aw library

    Was he the one you saw approached Gerry Castillo?

    A: Yes, Sir.chanrob1es virtua1 1aw 1ibrary

    x       x       x


    PROS. PABELONIA TO WITNESS:chanrob1es virtual 1aw library

    Q: Now, you stated a while ago, that while you were walking along Morga Street, you heard somebody calling the attention of somebody, you said "may sumitsit." Were you able to identify the person who made this "may sumitsit" ?

    A: The accused, Sir.

    Q: How far were you from the accused when you heard him?

    A: Four or five arms length away, Sir.

    Q: And according to you the accused suddenly stabbed the victim Gerardo Castillo?

    A: Yes, Sir.

    Q: Now, what was the lighting condition in the area where this incident happened?

    A: It was well lighted because there were several lampposts nearby.

    Q: Now, will you demonstrate to the Honorable Court how the accused stabbed the victim?chanrob1es virtua1 1aw 1ibrary

    (witness demonstrating by placing his left hand on the left shoulder of the Court personnel who played the part of the victim and with the right hand of the witness he thrashed it toward the back of the alleged victim)

    THE COURT:chanrob1es virtual 1aw library

    How many times was the victim stabbed?

    A: Three times, Sir.

    THE COURT:chanrob1es virtual 1aw library

    All at the back?

    A: I saw the accused stab the victim three times and I saw the victim stabbed at the back and on the right side of his body.

    THE COURT:chanrob1es virtual 1aw library

    Continue, Prosecutor.chanrob1es virtua1 1aw 1ibrary

    PROS. PABELONIA TO WITNESS:chanrob1es virtual 1aw library

    Q: Now, what happened to the victim after he was stabbed?

    A: I did not stop, I went home so I did not know anymore what happened to the victim.

    THE COURT:chanrob1es virtual 1aw library

    Why, you did not try to help the victim?

    A: I was afraid.

    THE COURT:chanrob1es virtual 1aw library

    You did not attempt to help the victim because you were afraid?

    A: Yes, Sir.

    Q: What made you so sure that it was the Accused Alexander alias Nelson Bituon who stabbed the victim?

    A: I was able to see his face clearly, in fact he has a mole on the left side of his face.chanrob1es virtua1 1aw 1ibrary

    THE COURT:chanrob1es virtual 1aw library

    Make it on record that on the left cheek of the accused there is a mole (nunal).

    Q: Do you know the accused before the incident?

    A: I only knew him by face 6 ."cralaw virtua1aw library

    In this case, the trial court found that witness Cabaniero was in a position to clearly see the face of the assailant. He was just four to five arms lengths away from the accused when the incident occurred. He was able to clearly witness the fatal stabbing as immediately before the said incident, he heard accused-appellant call the attention; of the victim by making a "pssst" sound. Furthermore, the street was well lit, lampposts, giving him a good look at the physical features of accused-appellant without any obstruction. In fact, he was even able to make out a distinguishing feature of accused-appellant — the mole on the left side of his face. Given these circumstances, we find no reason to doubt the identification by the witness of accused-appellant as the perpetrator of the crime.chanrob1es virtua1 1aw 1ibrary

    Moreover, as pointed out by the Solicitor General 7 , the defense failed to adduce evidence showing ill motive on the part of Cabaniero in testifying against appellant, especially on such a serious charge as murder. Cabaniero was not a relative or a friend of the victim; he was a mere bystander who witnessed the stabbing incident. It is well settled that, where there is nothing to indicate that a witness was actuated by improper motives, his positive and categorical declarations on the witness stand under solemn oath deserves full faith and credence. 8

    Moreover, the utterances of the deceased prior to his death that it was accused-appellant who stabbed him constitute a dying declaration and are admissible as evidence. Under Rule 130, Section 37, the requisites for the admissibility of ante-mortem statements are: (1) the statement concerns the crime and surrounding circumstances of the declarant’s death; (2) at the time it was made, the declarant was under the consciousness of an impending death; (3) the declarant would have been competent as a witness had he survived; and (4) the declaration was offered in a criminal case for homicide, murder, or parricide in which the declarant was the victim 9 Dying declarations are considered an exception to the hearsay rule since they are made in extremis, when the declarant is at the point of death. For then, the motive to commit falsehood is improbable and the inclination is only to speak the truth 10 .

    In the present case, all four requisites for the admissibility as a dying declaration of the victim’s statement that accused-appellant was his assailant are present. When victim Gerardo Castillo was stabbed, he immediately staggered to the nearby Mary Johnston Hospital. When his mother met him at the hospital, he immediately told her that it was accused-appellant who stabbed him 11 . He made the statement in contemplation of an approaching death, as he even told his mother afterwards that should anything happen to him, his children should not be neglected 12 . Nor is there any question that had the victim survived, he would have been competent to testify in court, as there is no evidence to the contrary 13 . Finally, the dying declaration was in fact offered in a criminal prosecution in which the declarant was the victim.chanrob1es virtua1 1aw 1ibrary

    Furthermore, the same declaration may also be properly admitted in evidence as part of the res gestae. A declaration made spontaneously after a startling occurrence is deemed as such when (1) the principal act, the res gestae, is a startling occurrence; (2) the statements were made before the declarant had time to contrive or devise; and (3) the statements concern the occurrence in question and its immediately attending circumstances 14 . The utterance of the victim that accused-appellant was his assailant almost immediately after the incident clearly satisfies these three requisites. As such, the statement is likewise admissible as part of the res gestae.

    For his part, Accused-appellant merely denied having committed the killing and, instead, he insisted that at the time of the incident, he was in Kataingan, Masbate where he had been staying since 1992 15 . The only reason he can think of as to why he was being charged for the murder of Gerardo Castillo was revenge. He claimed that before he transferred to Masbate, he and the victim were neighbors in Tondo. A rumble had occurred between their two families and as a result, a brother of accused-appellant had died. Thus, Accused-appellant theorized that Virginia Castillo, the mother of the victim, Accused him of killing her son only because he had a motive for doing so — to take revenge for the death of his brother 16 .

    Accused appellant’s bare denial cannot stand in view of the evidence presented by the prosecution. Denial, like alibi, is a weak defense, which becomes even weaker in the face of the positive identification of the assailant by an eyewitness 17 . As previously stated, there is no suggestion that Ernesto Cabaniero had some ill motive to testify falsely against him. On the other hand, Accused-appellant’s suggestion of ill-motive on the part of the mother of the victim is much too strained to be taken seriously. As such, where there is no evidence to indicate that the witnesses for the prosecution were moved by improper motives, the presumption is that such witnesses were not so moved and that their testimonies are entitled to full faith and credit 18 .

    All in all, we find that the trial court committed no error in convicting accused-appellant for the death of the victim Gerardo Castillo. His defense of denial is unavailing where there is affirmative evidence of the identity of the accused as the perpetrator of the crime as well as where there is an ante mortem statement of the victim received either as a dying declaration or as part of the res gestae 19 .

    In his Appellant’s Brief, Accused-appellant faults the trial court for appreciating the qualifying and aggravating circumstances of evident premeditation and; treachery which he claims were not sufficiently established by he evidence presented by the prosecution. Thus, Accused-appellant argues, he should only be convicted of homicide as there was no circumstance which would qualify the killing to murder.

    We agree with accused-appellant that the circumstance of evident premeditation was not proven in the instant case. For evident premeditation to e considered, the following must be proved: (a) the time when the accused determined to commit the crime; (b) an act manifestly indicating that the accused has clung to his determination; and (c) sufficient time between such determination and execution to allow him to reflect upon the consequences of his act 20 . In this case, no attempt was made by the prosecution to establish the above requisites. There is no proof as to when the plan to kill was made or how the accused-appellant planned and prepared for the killing of the victim considering that the eyewitness to the incident only saw the attack as it was being carried out.chanrob1es virtua1 1aw 1ibrary

    With respect to the qualifying circumstance of treachery, however, we believe that the same was adequately proven by the prosecution.

    Treachery is appreciated 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 ensure its execution without risk to himself arising from any defense which the offended party might make 21 . The essence of treachery is the sudden and unexpected attack by an aggressor on 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 22 .

    In the case at bench, treachery or the part of the accused-appellant in committing the crime is shown by the following testimony of witness Ernesto Cabaniero:chanrob1es virtual 1aw library

    PROS. PABELONIA TO THE WITNESS:chanrob1es virtual 1aw library

    Q: Going back to the incident. When you say that you heard the accused made a "sitsit," calling the attention of somebody, how long did it take from that time to the time when you saw him stab the victim?chanrob1es virtua1 1aw 1ibrary

    A: Only a matter of seconds.

    Q: How far was the victim from the accused when he made this "sitsit?"

    A: Two arms length away, Sir.

    Q: Where was the accused at the time in relation to the victim?

    A: The accused was on the right side of the victim.

    Q: Do you know what the victim was doing at that time?

    A: He was riding a bicycle.chanrob1es virtua1 1aw 1ibrary

    THE COURT:chanrob1es virtual 1aw library

    So when the accused called his attention, he stopped, the victim stopped?

    A: Yes, sir.

    Q: So after the victim stopped, what happened?

    A: He was stabbed.

    Q: Was the victim still riding in his bicycle when he was stabbed?

    A: He was already standing and holding his bicycle when he was stabbed. 23

    Thus, the testimony shows that while the victim was riding a bicycle, Accused-appellant called his attention by making a "pssst" sound. When the victim stopped to see who was calling him and while he was still holding on to his bike, Accused-appellant immediately stabbed the victim at the back and the right side of the body without any warning and without any provocation on the part of the victim. All these took place in a matter of seconds. Clearly, the victim was caught off guard by the sudden and unexpected attack and there was no way he could have defended himself considering that he was still holding on to his bike when he was attacked.chanrob1es virtua1 1aw 1ibrary

    Thus, with treachery having attended the commission of the crime, the trial court thus committed no error in convicting accused-appellant for the crime of murder. The penalty for murder under Article 248 of the Revised Penal Code is reclusion perpetua to death. In accordance with Article 63 of the same Code, there being no mitigating or aggravating circumstances, the lesser penalty should be imposed. Accordingly, Accused-appellant should be sentenced to suffer the penalty of reclusion perpetua.

    We must modify, however, the award of damages made by the trial court.

    We affirm the award of P50,000 as indemnity for the loss of the victim’s life as this is in accord with prevailing jurisprudence 24 . However, the award of moral damages must be reduced from P300,000 to P50,000 as the purpose of this award is not to enrich the heirs of the victim but to compensate them for the injuries to their feelings.25cralaw:red

    We agree with the trial court that the amount of P40,700 as actual expenses for hospital bills, funeral services and other related expenses 26 may not be awarded for failure to adequately prove the same. The Court can only grant such amounts if they are supported by receipts 27 . In the absence thereof, no award of actual damages can be granted. There is however, no doubt that injury was sustained by heirs of the deceased due to accused-appellant’s actions. In the absence of competent proof on the specific amounts of actual damages suffered, the heirs of the victim are entitled to nominal damages 28 . The award of P200,000 as nominal damages made by the trial court, however, is excessive. The Court deems the amount of P15,000 as nominal damages to be reasonable under the circumstances 29 .

    Finally, the trial court should have likewise made an award for the loss of the earning capacity of the victim. The absence of documentary evidence to substantiate the claim for the loss will not preclude recovery for said amount. 30 The mother of the victim, Virginia Castillo, testified that at the time of his death, Gerardo Castillo was earning P4,000 a month as a construction worker 31 . It was also established that at the time of his death, the victim was 29 years old 32 . Hence, in accordance with the American Expectancy Table of Mortality adopted by this Court in several cases 33 , the loss of his earning capacity is to be calculated as follows:chanrob1es virtual 1aw library

    Gross Living expenses

    Net Earning capacity (x) = life expectancy x Annual (50% of gross

    Income annual income)

    X = 2 (80-29)

    —————— x (48,000-24,000)

    3

    X = 17 x 24,000

    X = 408,000

    The heirs of Gerardo Castillo are thus entitled to the sum of P408,000 as indemnity for the loss of the earning capacity of the victim.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, Accused-appellant Nelson Bituon is hereby found guilty beyond reasonable doubt of the crime of murder and the penalty of reclusion perpetua is hereby imposed. Accused-appellant is likewise ordered to pay the heirs of the victim the following: (1) death indemnity of P50,000.00; (2) moral damages of P50,000.00; (3) nominal damages of P15,000.00; and (4) indemnity for loss of earning capacity of P408,000.00.

    SO ORDERED.

    Melo, Vitug, Panganiban, and Sandoval-Gutierrez, JJ., concur.

    Endnotes:



    1. Penned by Judge Perfecto A.S. Laguio, Jr.; Rollo, pp. 14-16.

    2. Rollo, p.6

    3. Rollo, pp. 14-15.

    4. Rollo, p. 16.

    5. Rollo, p.39.

    6 T.S.N., January 21, 1998, pp. 3-6.

    7. Rollo, p. 65.

    8. People v. Benito, 303 SCRA 468; People v. Ebrada, 296 SCRA 353; People v. Paynor, 261 SCRA 615.

    9. People v. Bromo, 318 SCRA 760.

    10. People v. Bahenting, 303 SCRA 558; People v. Atrejonio, 310 SCRA 229.

    11. T.S.N., October 21, 1998, p. 5.

    12. Ibid, p. 6.

    13. People v. Bromo, supra.

    14. People v. Gado, 298 SCRA 466; People v. Amaca, 277 SCRA 215; People v. Santos, 270 SCRA 650.

    15. T.S.N., August 10, 1999. p. 3.

    16. Ibid, pp. 3-4.

    17. People v. Macuha, 310 SCRA 14; People v. Apongan, 270 SCRA 713.

    18. People v. Cabebe, 290 SCRA 543; People v. Pill, 289 SCRA 118.

    19. People v. Brimo, supra; People v. Estera, 207 SCRA 703; People v. Baguio, 196 SCRA 459.

    20 People v. Cabodoc, 263 SCRA 187; People v. Belga, 258 SCRA 583.

    21 People v. Gaballo, 316 SCRA 881; People v. Tañedo, 266 SCRA 34.

    22 People v. Tabones, 304 SCRA 781; People v. Vermudez, 302 SCRA 276.

    23. T.S.N., January 21, 1998, p. 8.

    24 People v. Silvestre, 307 SCRA 68; People v. Verde, 302 SCRA 690.

    25. People v. Verde, supra.

    26. T.S.N., October 21, 1998, p. 8.

    27. People v. Silvestre, supra; People v. Gutierrez, 302 SCRA 643.

    28. People v. Dianos, 297 SCRA 191 citing Sumalpong v. Court of Appeals, 268 SCRA 764.

    29. People v. Dianos, supra.

    30. People v. Verde, supra.

    31. T.S.N., October 21, 1998, p. 8.

    32. Ibid.

    33. People v. Verde, supra; People v. Gutierrez, supra.

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


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