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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
 

   
November-2002 Jurisprudence                 

  • G.R. No. 151801 November 11, 2002 - HAWAIIAN PHILIPPINE COMPANY v. HERNANDO BORRA, ET AL.

  • G.R. No. 154512 November 12, 2002 - VICTORINO DENNIS M. SOCRATES v. THE COMMISSION ON ELECTIONS

  • G.R. No. 126462 November 12, 2002 - NATALIA REALTY INC. v. COURT OF APPEALS

  • G.R. No. 133978 November 12, 2002 - JOSE S. CANCIO, JR. v. EMERENCIANA ISIP

  • G.R. Nos. 139240-43 November 12, 2002 - PEOPLE OF THE PHIL. v. ROLANDO ASPURIA

  • G.R. Nos. 143689-91 November 12, 2002 - SIXTO M. BAYAS and ERNESTO T. MATUDAY v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146423 November 12, 2002 - PEOPLE OF THE PHILIPPINES v. TEODORO D. DIVINA

  • G.R. No. 147395 November 12, 2002 - ADZHAR I. JAMAANI v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 147806 November 12, 2002 - NERISSA BUENVIAJE ET. AL. v. THE HONORABLE COURT OF APPEALS ET AL.

  • A.M. No. P-02-1569 November 13, 2002 - CARMELITA S. DANAO v. JESUS T. FRANCO, JR.

  • G.R. No. 133763 November 13, 2002 - UNITED HARBOR PILOTS’ ASSO. OF THE PHIL. v. ASSO. OF INTL. SHIPPING LINES

  • G.R. No. 140088 November 13, 2002 - PEOPLE OF THE PHIL. v. PHOEBE ASTUDILLO, ET AL.

  • G.R. No. 141943-45 November 13, 2002 - PEOPLE OF THE PHIL. v. DIOSDADO P. RECEPCION, ET AL.

  • G.R. No. 146100 November 13, 2002 - PEOPLE OF THE PHIL. v. JOHNNY LOTERONO

  • G.R. No. 146468 November 13, 2002 - PEOPLE OF THE PHIL. v. ROQUE ABELLANO

  • G.R. Nos. 146521-22 November 13, 2002 - PEOPLE OF THE PHIL. v. NARDITO ALEMANIA

  • G.R. No. 153475 November 13, 2002 - MIGUEL M. LINGATING v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 143005 November 14, 2002 - PEOPLE OF THE PHILIPPINES v. JUANITO ESTRADA

  • G.R. No. 143868 November 14, 2002 - OSCAR C. FERNANDEZ v. SPS. CARLOS and NARCISA TARUN

  • A.M. No. 2002-15-SC November 15, 2002 - Re: Habitual Tardiness First Semester 2002

  • A.M. No. RTJ-01-1663 November 15, 2002 - MAIMONA MANONGGIRING v. JUDGE AMER R. IBRAHIM

  • G.R. Nos. 132484-85 November 15, 2002 - PEOPLE OF THE PHILIPPINES v. JULLIVER DE LEON

  • G.R. No. 141314 November 15, 2002 - REPUBLIC OF THE PHILIPPINES v. MANILA ELECTRIC COMPANY

  • G.R. Nos. 146464-67 November 15, 2002 - PEOPLE OF THE PHIL. v. JOSE VILLANUEVA

  • G.R. No. 148699 November 15, 2002 - PEOPLE OF THE PHIL. v. AM WILSON L. MANIJAS

  • G.R. No. 152332 November 15, 2002 - DR. ROBERTO DE LEON v. EDUARDO CALALO

  • G.R. No. 152886 November 15, 2002 - ROSENDO E. CAPIRAL v. SPS. MAXIMA and DANIEL VALENZUELA

  • A.M. No. P-93-960 November 18, 2002 - TERESITA ROMERO v. ENRIQUETA CASTELLANO

  • G.R. No. 113459 November 18, 2002 - COMMISSIONER OF INTERNAL REVENUE v. JOSEFINA LEAL

  • G.R. No. 129235 November 18, 2002 - PEOPLE OF THE PHIL. v. FAUSTINO MORANO, ET AL.

  • G.R. No. 130423 November 18, 2002 - VIRGIE SERONA v. COURT OF APPEALS, ET AL.

  • G.R. No. 131421 November 18, 2002 - GERONIMO DADO v. PEOPLE OF THE PHIL.

  • G.R. No. 137191 November 18, 2002 - BEN B. RICO v. PEOPLE OF THE PHIL.

  • G.R. No. 137454 November 18, 2002 - PEOPLE OF THE PHIL. v. JERRY D. CANTUBA

  • G.R. Nos. 140004-05 November 18, 2002 - PEOPLE OF THE PHIL. v. VICTORIO C. NEBRIA

  • G.R. No. 140216 November 18, 2002 - THE PEOPLE OF THE PHILIPPINES v. RENATO C. BACUS

  • G.R. No. 140635 November 18, 2002 - THE PEOPLE OF THE PHIL. v. MARIO O. TERRIBLE

  • G.R. No. 142244 November 18, 2002 - ATLAS FARMS v. NLRC, ET AL.

  • G.R. Nos. 146641-43 November 18, 2002 - PEOPLE OF THE PHIL. v. RICA G. CUYUGAN

  • G.R. Nos. 149414-15 November 18, 2002 - PEOPLE OF THE PHIL. v. ANGEL AMANTE

  • G.R. No. 151891 November 18, 2002 - MAUYAG B. PAPANDAYAN, JR. v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 152163 November 18, 2002 - SABDULLAH T. MACABAGO v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 127060 November 19, 2002 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132389 November 19, 2002 - PEDRO CUPCUPIN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 139492 November 19, 2002 - LAGUNA CATV NETWORK v. HON. ALEX E. MARAAN

  • G.R. No. 142133 November 19, 2002 - METRO TRANSIT ORGANIZATION, INC. ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 143844-46 November 19, 2002 - PEOPLE OF THE PHIL. v. ATANACIO MENDOZA

  • G.R. No. 136762 November 21, 2002 - ASSOCIATED COMMUNICATIONS and WIRELESS SERVICES v. FIDELO Q. DUMLAO, ET AL.

  • G.R. No. 138494 November 21, 2002 - LEOSANDRO MELAYO v. PEOPLE OF THE PHIL.

  • G.R. No. 139368 November 21, 2002 - ROBIN M. CANO v. PNP CHIEF EDGAR C. GALVANTE, ET AL..

  • G.R. No. 139830 November 21, 2002 - ROLLY ADAME v. COURT OF APPEALS, ET AL.

  • G.R. No. 139982 November 21, 2002 - JULIAN FRANCISCO ET. AL.. v. PASTOR HERRERA

  • G.R. No. 140731 November 21, 2002 - PEOPLE OF THE PHIL. v. PABLITO A. ILO

  • G.R. No. 141344 November 21, 2002 - TEMISTOCLES TAPDASAN, JR. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 141592 November 21, 2002 - MARCELO CENTENO v. COURT OF APPEALS, ET AL.

  • G.R. No. 141914 November 21, 2002 - PEOPLE OF THE PHIL. v. PEDRO G. MONDIJAR

  • G.R. No. 144314 November 21, 2002 - SKIPPERS PACIFIC, INC., ET AL. v. MANUEL V. MIRA, ET AL.

  • G.R. No. 146103 November 21, 2002 - PEOPLE OF THE PHILIPPINES v. GEORGE WAD-AS

  • G.R. No. 146276 November 21, 2002 - PEOPLE OF THE PHIL. v. ANTONIO C. DUROHOM

  • G.R. No. 146425 November 21, 2002 - PEOPLE OF THE PHIL. v. ARNOLD NARCISO

  • G.R. No. 147182 November 21, 2002 - EVELYN M. RELUCIO v. CIVIL SERVICE COMMISSION and COURT OF APPEALS

  • G.R. No. 147671 November 21, 2002 - PEOPLE OF THE PHIL. v. RENANTE MENDEZ, ET AL.

  • G.R. Nos. 148917-18 November 21, 2002 - THE PEOPLE OF THE PHILIPPINES v. ABSOLON YONTO y UTOM

  • G.R. No. 149800 November 21, 2002 - RICARDO V. QUINTOS v. COMELEC, ET AL.

  • G.R. No. 137533 November 22, 2002 - TALA REALTY SERVICES CORPORATION v. BANCO FILIPINO SAVINGS AND MORTGAGE BANK

  • G.R. No. 144116 November 22, 2002 - CESAR MONTANEZ v. NESTOR MENDOZA

  • G.R. No. 146470 November 22, 2002 - PEOPLE OF THE PHILIPPINES v. MILA RAZUL y BASHIED

  • A.M. No. MTJ-99-1223 November 26, 2002 - SPS. TEOFILA and GREGORIO MAGALLON v. JUDGE ANTONIO F. PARAGUYA

  • A.M. No. RTJ-02-1711 November 26, 2002 - Atty. BENJAMIN RELOVA v. Judge ANTONIO M. ROSALES

  • G.R. No. 120014 November 26, 2002 - FRANCISCO Q. AURILLO v. NOEL RABI

  • G.R. No. 132081 November 26, 2002 - JOEL M. SANVICENTE v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 138478 November 26, 2002 - PACIFIC AIRWAYS CORPORATION, ET AL. v. JOAQUIN TONDA

  • G.R. No. 143196 November 26, 2002 - STI DRIVERS ASSOCIATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143376 November 26, 2002 - LENI O. CHOA v. ALFONSO C. CHOA

  • G.R. Nos. 145339-42 November 26, 2002 - PEOPLE OF THE PHILIPPINES v. ARTHUR MENDOZA and DAVE MENDOZA

  • G.R. No. 148514 November 26, 2002 - LUCRATIVE REALTY AND DEVELOPMENT CORPORATION v. RICARDO C. BERNABE JR.

  • G.R. No. 149375 November 26, 2002 - MARVIN MERCADO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 150164 November 26, 2002 - GLORIOSA V. VALARAO v. CONRADO C. PASCUAL and MANUEL C. DIAZ

  • A.M. No. 02-2-12-SC November 27, 2002 - DR. CORA J. VIRATA v. JUDGE FRANCISCO G. SUPNET

  • A.M. No. 00-6-09-SC November 27, 2002 - RE: IMPOSITION OF CORRESPONDING PENALTIES

  • A.M. No. 02-9-24-0 November 27, 2002 - RE: LOSS OF EXTRAORDINARY ALLOWANCE CHECK NO. 1106739 OF JUDGE EDUARDO U. JOVELLANOS

  • G.R. No. 133386 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. ROMEO LLANDA

  • G.R. No. 133827 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. COSME L. PASTORETE

  • G.R. Nos. 137766-67 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. ILADIO CARALIPIO

  • G.R. No. 138197 November 27, 2002 - MA. ELIZA C. GARCIA v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 139130 November 27, 2002 - RAMON K. ILUSORIO v. HON. COURT OF APPEALS, ET AL.

  • G.R. Nos. 139187-94 (140427-34) November 27, 2002 - PEOPLE OF THE PHILIPPINES v. RICARDO SOLMORO

  • G.R. No. 139472 November 27, 2002 - PEOPLE OF THE PHIL. v. RAUL R. GUIMBA, ET AL.

  • G.R. No. 139946 November 27, 2002 - RAMON J. FAROLAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 140374 November 27, 2002 - JANE C. ABALOS, ET AL. v. PHILEX MINING CORPORATION

  • G.R. No. 141365 November 27, 2002 - SPS. FELIPE and FLORA YULIENCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143369 November 27, 2002 - LEOPOLDO C. LEONARDO v. VIRGINIA TORRES MARAVILLA, ET AL.

  • G.R. No. 144266 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. WILSON ANTONIO, JR.

  • G.R. No. 145727 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. RONILO FERRERA

  • G.R. No. 146553 November 27, 2002 - BANK OF THE PHILIPPINE ISLANDS v. Sps. WILLIE AND JULIE L. EVANGELISTA, ET AL.

  • G.R. No. 153700 November 27, 2002 - ESTRELLA C. PABALAN v. ANASTACIA B. SANTARIN

  • A.M. No. P-02-1649 November 29, 2002 - OFFICE OF THE COURT ADMINISTRATOR v. ELIZABETH T. IBAY

  • A.M. Nos. RTJ-01-1639 & 00-9-427-RTC November 29, 2002 - JUDITH B. ERMITANIO v. MA. THERESA DELA TORRE-YADAO

  • G.R. Nos. 141489–90 November 29, 2002 - SENATOR AQUILINO Q. PIMENTEL, ET AL. v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL, ET AL.

  •  





     
     

    G.R. No. 140731   November 21, 2002 - PEOPLE OF THE PHIL. v. PABLITO A. ILO

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 140731. November 21, 2002.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PABLITO ILO y ACAYEN @ "Hagawak", Accused-Appellant.

    D E C I S I O N


    CALLEJO, SR., J.:


    This is an appeal from the Decision 1 of Branch 63 of the Regional Trial Court of Camarines Sur, finding appellant Pablito Ilo guilty of Murder for the death of his live-in partner, Virginia Oliva, sentencing him to suffer the penalty of reclusion perpetua and condemning him to pay her heirs in the amount of P50,000.00 and the costs.chanrob1es virtua1 1aw 1ibrary

    On November 28, 1997, an Information charging appellant with Murder was filed with the trial court. The accusatory portion of said Information reads as follows:jgc:chanrobles.com.ph

    "That on or about the 23rd day of July, 1997, in Barangay Old Caaluan, Tinambac, Camarines Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, with treachery and use of superior strength, did then and there willfully, unlawfully and feloniously attack, assault, strike with a big stone, box, kick, one Virginia Oliva, his common-law partner, hitting the latter on the head and on the different parts of her body, which caused her instantaneous death, to her heirs’ damage and prejudice in such amount as shall be proven in court.

    ACTS CONTRARY TO LAW." 2

    Upon arraignment on January 13, 1998, appellant, assisted by his counsel de officio, pleaded not guilty.

    At the trial, the prosecution presented three witnesses, namely: Dr. Ursolino M. Primavera, Jr., Amadeo Bocaya and SPO1 Teresito Porteza, the investigating and arresting officer.

    Amadeo declared that on July 23, 1997, at about 10:00 p.m., he and appellant had a drinking spree in the latter’s house. 3 Moments later, appellant and his live-in partner Virginia had a heated argument. Appellant kicked her several times. 4 Amadeo tried to pacify appellant but to no avail. Appellant rushed to the kitchen, got hold of an old frying pan and struck Virginia with it. She fell on the floor. Amadeo tried to placate his friend but was rebuffed anew. Appellant got hold of a stone used as tripod 5 in cooking and smashed Virginia’s head with it. Amadeo rushed to her aid and wiped off the blood oozing from her head. Amadeo wanted to seek police assistance but was afraid to venture into the neighborhood late at night. He and appellant continued their drinking spree until 4:00 a.m. when Amadeo left and went home.

    Amadeo also testified that on two occasions during the trial, appellant asked him not to testify for the prosecution lest Amadeo land in jail for perjury but Amadeo opted to testify. When asked by the public prosecutor to point to Virginia’s assailant, Amadeo pointed to the Appellant.

    Dr. Ursolino M. Primavera, Jr., the second witness for the prosecution, declared inter alia that at about 2:00 p.m. on July 24, 1997, appellant brought the hapless body of Virginia to the Tinambac Medicare Community Hospital. By then, she was already dead. Her whole face was contused and swollen. Dr. Primavera performed an autopsy on Virginia’s cadaver and prepared a Necropsy Report, 6 the pertinent portion of which states:jgc:chanrobles.com.ph

    "POST MORTEM FINDINGS:chanrob1es virtual 1aw library

    Skull fructure (sic), closed with muscular contussion (sic), parietal area (R)chanrob1es virtua1 1aw 1ibrary

    Skull fructure (sic) closed forehead (L) with muscular contussion (sic)

    Muscular contussion (sic), lacerated wounds 2 cm parietal area (L)

    Muscular contussion (sic), whole face

    Blunish (sic) discoloration of orbital area bilateral

    Lacerated wound eyebrow 1.5 cm (R)

    Lacerated wound 2 cm (R) eye

    Cause of Death: Cardio-Respiratory Arrest

    Hemorrhage — cerebral"

    Dr. Primavera opined that the fractures on Virginia’s forehead and parietal areas were caused by a solid object.

    SPO1 Teresito Porteza of the Tinambac Police Station declared that he conducted an investigation of the death of Virginia during which Amadeo identified appellant as her assailant. Appellant was arrested and jailed. The policeman later proceeded to the house of appellant and conducted an ocular inspection thereof. The place was topsy-turvy. The policemen noticed a broken frying pan and a stone inside the house. Porteza then entered in the police blotter 7 his investigation report on the incident.

    Appellant testified in his behalf. He denied having killed the victim. He further declared that at about 10:00 p.m. on July 23, 1997, he arrived home after a day’s work of fishing. He averred that he caught Amadeo on top of Virginia, while both were completely naked. Appellant was flabbergasted. He was about to hit Amadeo with a bolo but the latter dashed out of the window and fled into the darkness of the night. Amadeo, however, returned and picked-up four stones the size of a fist and hurled the same through the window of the house of appellant. One of the stones hit Virginia. Appellant instinctively covered his two young sleeping children with his body to protect them. Appellant dressed up Virginia with a pair of panties and a shirt and brought her to the Medicare Community Center. He insisted that Virginia died because Amadeo hit her with a stone.

    On September 28, 1999, the trial court rendered a decision finding the appellant guilty of Murder, the decretal portion of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, in view of the foregoing, the prosecution having proven the guilt of the accused beyond reasonable doubt, Accused Pablito Ilo y Acayen alias "Hagawak" is hereby found guilty of the offense of Murder. He is ordered to suffer the penalty of Reclusion Perpetua and to pay the heirs of Virginia Ilo y Oliva the amount of P50,000.00 for her death, and to pay the costs.

    SO ORDERED." 8

    The trial court gave credence and full probative weight to the collective testimonies of the witnesses of the prosecution in tandem with the physical violence and declared that the killing by appellant of the victim was qualified by treachery. The court, likewise, disallowed abuse of superior strength as a separate modifying circumstance since the same was necessarily included in treachery.

    On appeal to the Court, appellant assigned in his brief a solitary error of the court a quo, thus:jgc:chanrobles.com.ph

    "THE TRIAL COURT GRAVELY ERRED IN FINDING THAT TREACHERY ATTENDED THE KILLING OF THE VICTIM NOTWITHSTANDING THE ABSENCE OF COMPETENT AND SUFFICIENT EVIDENCE TO SUPPORT THE SAME." 9

    Appellant argues that the injuries inflicted by him on the victim were spur-of-the-moment reflexes during a passionate lovers’ quarrel, spawned by jealousy. He avers that the prosecution failed to prove that the killing of Virginia by the appellant was the product of a preconceived plan; a deliberate act to do away with her, what with the presence of Amadeo. He further contends that his actuations were triggered by the provocation emanating from the victim herself. Hence, appellant contends that he is guilty only of homicide and not of murder. On the other hand, the trial court declared that based on the evidence on record, appellant used means and methods in assaulting Virginia to insure her death without any risk to himself arising from the defense which she might make. Virginia was so emaciated and less than five feet tall; she was at the mercy of appellant. The trial court concluded that treachery qualified the killing and, hence, appellant is guilty of murder.

    We do not agree with the trial court.

    Treachery is not presumed. 10 The circumstances surrounding the murder must be proved as indubitably as the crime itself. 11 The rationale of the principle was explained by the Court in People v. Angel Rios, 12 thus:jgc:chanrobles.com.ph

    "It is an ancient but revered doctrine that qualifying and aggravating circumstance before being taken into consideration for the purpose of increasing the degree of the penalty to be imposed must be proved with equal certainty and clearness as that which establishes the commission of the act charged as a criminal offense. It is not only the central fact of a killing that must be shown beyond reasonable doubt; every qualifying and aggravating circumstance alleged to have been present and to have attended such killing, must similarly be shown by the same degree of proof." 13

    To constitute treachery, two conditions must be present, namely: (1) the employment of means of execution that gives the person attacked no opportunity to defend or to retaliate; and (2) the deliberate or conscious adoption of the means of execution. The Court held that treachery cannot be appreciated if the assailant did not make any preparation to kill the victim in such a manner as to insure the killing or to make it impossible or difficult for the victim to defend herself. The prosecution must prove that the killing was premeditated or that the assailant chose a method or mode of attack directly and especially to facilitate and insure the killing without danger to himself. 14 The essence of treachery is that the attack is deliberate and without warning done in a swift and unexpected manner of execution affording the hapless, unarmed and unsuspecting victim no chance to resist or escape. 15 There is no treachery where the attack is neither sudden nor preconceived and deliberately adopted but just triggered by the sudden infuriation on the part of the offender. 16 To establish treachery, the evidence must show that the offender made some preparation to kill the victim in such a manner as to insure the execution of the crime or to make it impossible or difficult for the person attacked to defend himself. 17 The mode of attack must be planned by the offender and must not spring from the unexpected turn of events. 18 There is no treachery when the killing results from a verbal altercation between the victim and the assailant such that the victim was forewarned of the impending danger. 19

    The prosecution failed to discharge its burden. The only evidence of the prosecution to prove treachery is that while appellant and Amadeo were having their drinking spree, a heated argument ensued between appellant and Virginia. Appellant boxed and kicked her several times, hit her head with a frying pan from the kitchen, causing Virginia to fall on the floor and struck her with a stone used as a tripod. There is no indubitable showing that appellant planned the attack which was so sudden and unexpected. The attack by appellant on the victim was preceded by a heated argument between them. Indeed, Amadeo admitted that he knew of no cause for appellant to inflict injuries on her. The prosecution failed to adduce evidence as to the relative positions of appellant vis-a-vis the victim. Taking into account the sequential continuity and rapidity of the events resulting in the death of Virginia, it cannot be gainsaid that appellant made preparations to kill Virginia and adopted a mode of attack as to make it impossible or difficult for her to defend herself. That Virginia was prostrate on the ground when she was hit on the head by appellant with a frying pan and a stone does not constitute treachery. In People v. Ricardo Embega, Et Al., 20 we held that:jgc:chanrobles.com.ph

    ". . . [T]hat the final blows may have in truth been delivered under conditions exhibiting some features of treachery, as in this case where the victim was said to have dropped his knife and was thus attacked by accused-appellants who were both armed, does not remedy the fact that the prosecution failed to prove the existence of treachery at the onset of the attack. 21

    Neither did abuse of superior strength attend the killing of Virginia Oliva. Abuse of superior strength depends upon the age, size and strength of the parties. To take advantage of superior strength is to purposely use excessive force out of proportion to the means of defense available to the person attacked. In this case, the assault by appellant of the victim was a product of impulsiveness or the heat of the moment in the course of an argument between them. Hence, appellant could not have deliberately and purposely used excessive force out of proportion to the means of defense available to the victim.

    In sum then, appellant is guilty only of homicide as defined in Article 249 of the Revised Penal Code which offense is punishable by reclusion temporal. 22 Considering that no modifying circumstances attended the commission of the felony, the minimum of the imposable penalty therefor, applying the indeterminate sentence law, shall be taken from the full range of prision mayor, which is one degree lower than reclusion temporal, and the maximum period of the penalty shall be taken from the medium period of reclusion temporal.

    On the civil liabilities of appellant ex delicto, the trial court awarded to the heirs of the deceased the amount of P50,000.00 as damages without specifying the nature of such damages. Moreover, the court failed to award moral damages in favor of the heirs.

    In keeping with prevailing jurisprudence, the heirs of the deceased are entitled to the amount of P50,000.00 by way of civil indemnity ex delicto and the amount of P50,000.00 by way of moral damages. While it may be true that the prosecution failed to present any of the heirs of Virginia to prove that because of her death they suffered mental anguish, anxiety and similar injury, however, the Court takes judicial notice that as borne out by human nature and experience, a violent death invariably and necessarily brings about emotional pain and anguish on the part of the victim’s family, and that it is inherently human to suffer sorrow, torment, pain and anger when a loved one becomes a victim of a violent death or brutal killing; for such violent killing not only steals from the family of the victim her precious life but also deprives them forever of the love, affection and support. 23

    IN THE LIGHT OF ALL THE FOREGOING, the decision appealed from is AFFIRMED with MODIFICATIONS. Appellant is hereby found GUILTY beyond reasonable doubt of the felony of homicide, defined and penalized by Article 249 of the Revised Penal Code and there being no modifying circumstances in the commission of the crime, the Court hereby metes on said appellant an indeterminate penalty of eight (8) years, four (4) months and one (1) day of prision mayor in its medium period, as minimum, to fourteen (14) years, ten (10) months and twenty (20) days of reclusion temporal in its medium period, as maximum. Appellant is hereby ordered to pay to the heirs of Virginia Oliva, the amount of P50,000.00 by way of indemnity ex delicto and the amount of P50,000.00 by way of moral damages and to pay the costs.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Bellosillo, Mendoza, Quisumbing, and Austria-Martinez, JJ., concur.

    Endnotes:



    1. Per Judge Freddie D. Balonzo.

    2. Original Records, p. 1.

    3. TSN, June 2, 1998, pp. 2–30.

    4. Ibid., p. 3.

    5. Ibid., p. 12.

    6. Original Records, Exh. "A", p. 32.

    7. Original Records, Exh. "B", p. 53.

    8. Original Records, p. 102.

    9. Rollo, p. 45.

    10. People v. Levy Monieva, 333 SCRA 244 (2000).

    11. People v. Jose Geral, 333 SCRA 453 (2000).

    12. 333 SCRA 823, 833 (2000).

    13. Id., p. 833.

    14. People v. Wilfredo Bautista, 254 SCRA 621 (1996).

    15. People v. Benjamin Galano, Et Al., 327 SCRA 462 (2000).

    16. People v. Domingo Albao, Et Al., 327 SCRA (2000).

    17. Idem, supra.

    18. People v. Stephen Santillana, 309 SCRA 104 (1999).

    19. People v. Ereño, 326 SCRA (2000).

    20. 319 SCRA 304 (1999).

    21. Id., p. 321.

    22. Twelve years and one day to twenty years.

    23. People v. Uldarico Panado, Et Al., 348 SCRA 679 (1995); People v. Victoriano Ernosa, Et Al., G.R. No. 137273, Sept. 17, 2002.

    G.R. No. 140731   November 21, 2002 - PEOPLE OF THE PHIL. v. PABLITO A. ILO


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