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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
 

   
April-2003 Jurisprudence                 

  • A.C. No. 4984 April 1, 2003 - JULITO D. VITRIOLO, ET AL. v. FELINA DASIG

  • A.M. No. MTJ-03-1485 April 1, 2003 - FIDEL ISIP, JR. v. VALENTINO B. NOGOY

  • A.M. Nos. P-02-1620, P-02-1621, P-02-1622 & P-96-1194 April 1, 2003 - MELINDA F. PIMENTEL v. PERPETUA SOCORRO M. DE LEOZ

  • A.M. No. P-02-1643 April 1, 2003 - DIMAS ABALDE v. ANTONIO ROQUE

  • G.R. No. 137782 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTURO R. NICOLAS

  • G.R. No. 138470 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTEMIO GARCIA

  • G.R. No. 143084 April 1, 2003 - PEOPLE OF THE PHIL. v. JOSE TORELLOS

  • G.R. No. 148635 April 1, 2003 - MARILLA MAYANG CAVILE, ET AL. v. HEIRS OF CLARITA CAVILE, ET AL.

  • G.R. No. 149453 April 1, 2003 - PEOPLE OF THE PHIL., ET AL. v. PANFILO M. LACSON

  • A.M. No. 01-1-13-RTC April 2, 2003 - RE: Report on the Examination of the Cash and Accounts

  • A.M. No. P-02-1545 April 2, 2003 - ZENAIDA C. GUTIERREZ, ET AL. v. RODOLFO V. QUITALIG

  • G.R. No. 139412 April 2, 2003 - PEOPLE OF THE PHIL. v. RONALD CASTILLANO, ET AL.

  • G.R. Nos. 149028-30 April 2, 2003 - PEOPLE OF THE PHIL. v. ARMANDO CABALLERO, ET AL.

  • G.R. No. 149893 April 2, 2003 - PEOPLE OF THE PHIL. v. MELCHOR RABAGO

  • A.C. No. 4958 April 3, 2003 - FIDEL D. AQUINO v. OSCAR MANESE

  • A.M. No. MTJ-02-1436 April 3, 2003 - JAIME C. TARAN v. JOSE S. JACINTO

  • A.M. No. P-02-1595 April 3, 2003 - TIMOTEO M. CASANOVA, JR. v. FELIZARDO P. CAJAYON

  • A.M. No. P-02-1650 April 3, 2003 - ZENAIDA REYES-MACABEO v. FLORITO EDUARDO V. VALLE

  • G.R. Nos. 111098-99 April 3, 2003 - PEOPLE OF THE PHIL. v. PIO BISO

  • G.R. Nos. 143976 & 145846 April 3, 2003 - SPS. OSCAR and HAYDEE BADILLO v. ARTURO G. TAYAG, ET AL.

  • G.R. No. 144444 April 3, 2003 - STATE INVESTMENT TRUST v. DELTA MOTORS CORP.

  • G.R. No. 150978 April 3, 2003 - POWTON CONGLOMERATE v. JOHNNY AGCOLICOL

  • G.R. No. 155875 April 3, 2003 - AGAPITO CRUZ FIEL, ET AL. v. KRIS SECURITY SYSTEMS, INC., ET AL.

  • A.M. No. MTJ-03-1482 April 4, 2003 - ILUMINADA SANTILLAN VDA. DE NEPOMUCENO v. NICASIO V. BARTOLOME

  • A.M. No. P-03-1690, MTJ-01-1363 & 01-12-02-SC April 4, 2003 - ESTRELLITA M. PAAS v. EDGAR E. ALMARVEZ

  • G.R. No. 108405 April 4, 2003 - JAIME D. VIERNES, ET AL. v. N;RC, ET AL.

  • G.R. No. 117020 April 4, 2003 - VIRON TRANSPORTATION CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125938 April 4, 2003 - PEOPLE OF THE PHIL. v. JOEL JANSON, ET AL.

  • G.R. No. 140756 April 4, 2003 - PEOPLE OF THE PHIL. v. JUAN GONZALES ESCOTE, ET AL.

  • G.R. No. 141631 April 4, 2003 - PEOPLE OF THE PHIL. v. FERDINAND FRANCISCO

  • G.R. No. 143135 April 4, 2003 - REPUBLIC OF THE PHIL. v. DAMAYAN NG PUROK 14, INC.

  • G.R. No. 143779 April 4, 2003 - FRANCISCA L. MARQUEZ v. SIMEON BALDOZ

  • G.R. Nos. 145309-10 April 4, 2003 - PEOPLE OF THE PHIL. v. VIRGILIO FLORES

  • G.R. Nos. 144476 & 144629 April 8, 2003 - ONG YONG, ET AL. v. DAVID. S. TIU, ET AL.

  • G.R. No. 149022 April 8, 2003 - CARMENCITA D. CORONEL v. ANIANO A. DESIERTO, ET AL.

  • A.M. No. MTJ-02-1428 April 9, 2003 - ARFRAN L. QUIÑONES v. FRANCISCO H. LOPEZ

  • A.M. No. P-02-1580 April 9, 2003 - RENE ESPINA v. JUAN A. GATO

  • A.M. No. RTJ-01-1630 April 9, 2003 - HEINZ R. HECK v. ANTHONY E. SANTOS

  • G.R. No. 119255 April 9, 2003 - TOMAS K. CHUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126968 April 9, 2003 - RICARDO BALUNUECO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128568 April 9, 2003 - SPS. REYNALDO and ESMERALDA ALCARAZ v. PEDRO M. TANGGA-AN, ET AL.

  • G.R. No. 132371 April 9, 2003 - PEOPLE OF THE PHIL. v. DANILO Q. SIMBAHON

  • G.R. No. 133003 April 9, 2003 - PEOPLE OF THE PHIL. v. LAWRENCE MACAPANPAN, ET AL.

  • G.R. No. 141258 April 9, 2003 - TOMASA SARMIENTO v. SPS. LUIS & ROSE SUN-CABRIDO ET AL.

  • G.R. Nos. 141314 & 141369 April 9, 2003 - REPUBLIC OF THE PHIL. REPRESENTED BY ENERGY REGULATORY BOARD v. MERALCO

  • G.R. No. 143004 April 9, 2003 - PEOPLE OF THE PHIL. v. DANTE CLIDORO

  • G.R. No. 143432 April 9, 2003 - PEOPLE OF THE PHIL. v. TERENCIO L. FUNESTO

  • G.R. No. 146034 April 9, 2003 - PEOPLE OF THE PHIL. v. LASTIDE A. SUBE, ET AL.

  • G.R. No. 146815 April 9, 2003 - HEIRS OF PEDRO, ET AL. v. STERLING TECHNOPARK III ET AL.

  • G.R. No. 147468 April 9, 2003 - SPS. EDUARDO & JOSEFINA DOMINGO v. LILIA MONTINOLA ROCES, ET AL.

  • G.R. No. 147745 April 9, 2003 - MARIA BUENA OBRA v. SOCIAL SECURITY SYSTEM

  • G.R. No. 148727 April 9, 2003 - SPS. HERMOGENA AND JOSE ENGRESO v. NESTORIA DE LA CRUZ, ET AL.

  • G.R. No. 149038 April 9, 2003 - PHIL. AMERICAN GENERAL INSURANCE COMPANY v. PKS SHIPPING COMPANY

  • G.R. No. 149110 April 9, 2003 - NATIONAL POWER CORPORATION v. CITY OF CABANATUAN

  • G.R. No. 149422 April 10, 2003 - DEPARTMENT OF AGRARIAN REFORM v. APEX INVESTMENT AND FINANCING CORP.

  • G.R. No. 149578 April 10, 2003 - EVELYN TOLOSA v. NLRC, ET AL.

  • G.R. No. 143540 April 11, 2003 - JOEL G. MIRANDA v. ANTONIO C. CARREON, ET AL.

  • G.R. No. 148138 April 11, 2003 - PEOPLE OF THE PHIL. v. JOHNNY VIAJEDOR

  • A.M. No. P-02-1645 April 21, 2003 - GILBERT HOWARD M. ATIENZA v. JOSEPHINE V. DINAMPO

  • A.M. No. P-03-1695 April 21, 2003 - ARTEMIO H. QUIDILLA v. JUNAR G. ARMIDA

  • A.M. No. RTJ-03-1756 April 22, 2003 - AURORA S. GONZALES v. VICENTE A. HIDALGO

  • G.R. No. 127745 April 22, 2003 - FELICITO G. SANSON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129163 April 22, 2003 - VOLTAIRE ARBOLARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138650-58 April 22, 2003 - PEOPLE OF THE PHIL. v. IGNACIO SINORO

  • G.R. No. 140707 April 22, 2003 - NORGENE POTENCIANO, ET AL. v. DWIGHT "IKE" B. REYNOSO, ET AL.

  • G.R. No. 146942 April 22, 2003 - CORAZON G. RUIZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 152329 April 22, 2003 - ALEJANDRO ROQUERO v. PHILIPPINE AIRLINES, INC.

  • A.M. No. RTJ-03-1763 April 24, 2003 - JOSE B. TIONGCO v. FLORENTINO P. PEDRONIO

  • A.M. No. RTJ-03-1770 April 24, 2003 - MELISSA E. MAÑO v. CAESAR A. CASANOVA

  • G.R. No. 123968 April 24, 2003 - URSULINA GANUELAS, ET AL. v. ROBERT T. CAWED, ET AL.

  • G.R. No. 137182 April 24, 2003 - PEOPLE OF THE PHIL. v. ABDILA L. SILONGAN, ET AL.

  • G.R. Nos. 137458-59 April 24, 2003 - PEOPLE OF THE PHIL. v. JESUS G. BATOCTOY, ET AL.

  • G.R. No. 137601 April 24, 2003 - PEOPLE OF THE PHIL. v. WINCHESTER ABUT, ET AL.

  • G.R. No. 139230 April 24, 2003 - PEOPLE OF THE PHIL. v. MANUEL DANIELA, ET AL.

  • G.R. No. 143672 April 24, 2003 - COMMISSIONER OF INTERNAL REVENUE v. GENERAL FOODS (PHILS.), INC.

  • G.R. No. 145915 April 24, 2003 - PEOPLE OF THE PHIL. v. VILMA Z. ALMENDRAS, ET AL.

  • G.R. No. 147038 April 24, 2003 - RICHARD TEH v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-01-1370 April 25, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. AGUSTIN T. SARDIDO

  • G.R. No. 118749 April 25, 2003 - SPS LORENZO and LORENZA FRANCISCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 141187 April 28, 2003 - PEOPLE OF THE PHIL. v. RONNIE A. MACTAL

  • A.C. No. 5225 April 29, 2003 - SPS. WILFREDO & LYDIA BOYBOY v. VICTORIANO R. YABUT, JR.

  • A.M. No. MTJ-02-1453 April 29, 2003 - EDITHA PALMA GIL v. FRANCISCO H. LOPEZ, JR.

  • A.M. No. P-02-1615 April 29, 2003 - PEDRO MAGNAYE v. ERIBERTO R. SABAS

  • G.R. No. 119858 April 29, 2003 - EDWARD C. ONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 122363 April 29, 2003 - VICTOR G. VALENCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127002 April 29, 2003 - JEREMIAS L. DOLINO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 135394 April 29, 2003 - JOSE V. DELA RAMA v. FRANCISCO G. MENDIOLA, ET AL.

  • G.R. No. 139841 April 29, 2003 - EMILIO C. VILLAROSA v. DEMOSTHENES L. MAGALLANES, ET AL.

  • G.R. No. 141518 April 29, 2003 - PEOPLE OF THE PHIL. v. CLARENCE ASTUDILLO, ET AL.

  • G.R. No. 142015 April 29, 2003 - RURAL BANK OF STA. IGNACIA v. PELAGIA DIMATULAC

  • G.R. No. 147230 April 29, 2003 - PEOPLE OF THE PHIL. v. REYNALDO R. REMERATA

  • G.R. No. 150656 April 29, 2003 - MARGARITA ROMUALDEZ-LICAROS v. ABELARDO B. LICAROS

  • A.C. No. 4724 April 30, 2003 - GORETTI ONG v. JOEL M. GRIJALDO

  • A.M. No. CA-99-9-P April 30, 2003 - MAGTANGGOL GABRIEL v. VIRGINIA C. ABELLA, ET AL.

  • A.M. No. P-00-1445 April 30, 2003 - MEDARDO M. PADUA v. IRENEO S. PAZ

  • A.M. No. P-02-1599 April 30, 2003 - LEANDRO T. LOYAO v. MAMERTO J. CAUBE, ET AL.

  • A.M. No. P-02-1600 April 30, 2003 - DOMINADOR. AREVALO, ET AL. v. EDGARDO S. LORIA, ET AL.

  • A.M. No. P-03-1696 April 30, 2003 - CIVIL SERVICE COMMISSION v. ZENAIDA T. STA. ANA

  • A.M. RTJ No. 03-1761 April 30, 2003 - JOSE B. CUSTODIO v. JESUS V. QUITAIN

  • A.M. No. RTJ-03-1775 April 30, 2003 - ISAGANI A. CRUZ v. PHILBERT I. ITURRALDE

  • A.M. No. RTJ-03-1779 April 30, 2003 - JOVENCITO R. ZUÑO, ET AL. v. ARNULFO G. CABREDO

  • G.R. Nos. 107789 & 147214 April 30, 2003 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN ET AL.

  • G.R. No. 116326 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT LEE, ET AL.

  • G.R. No. 121211 April 30, 2003 - PEOPLE OF THE PHIL. v. RONETO DEGAMO

  • G.R. No. 121637 April 30, 2003 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 125761 April 30, 2003 - SALVADOR P. MALBAROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126568 April 30, 2003 - QUIRINO GONZALES LOGGING CONCESSIONAIRE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126911 April 30, 2003 - PHIL. DEPOSIT INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127141 April 30, 2003 - SPS. EMMANUEL and MELANIE LANTIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 128378 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT GOMEZ, ET AL.

  • G.R. No. 128512 & 128963 April 30, 2003 - DARIO P. BELONGHILOT v. RTC OF ZAMBOANGA DEL NORTE

  • G.R. No. 129090 April 30, 2003 - RICARDO B. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129895 April 30, 2003 - PEOPLE OF THE PHIL. v. ARMANDO C. DALAG

  • G.R. No. 134940 April 30, 2003 - PEOPLE OF THE PHIL. v. CATALINO MELENDRES

  • G.R. No. 138266 April 30, 2003 - PEOPLE OF THE PHIL. v. PEDRO CABRERA, JR.

  • G.R. No. 139876 April 30, 2003 - WILLIAM TIU and/or THE ROUGH RIDERS v. JULIO PASAOL, ET AL.

  • G.R. No. 140753 April 30, 2003 - BENJAMIN S. SANTOS v. ELENA VELARDE, ET AL.

  • G.R. No. 141375 April 30, 2003 - MUNICIPALITY OF KANANGA v. FORTUNITO L. MADRONA, ET AL.

  • G.R. No. 142435 April 30, 2003 - ESTELITA BURGOS LIPAT, ET AL. v. PACIFIC BANKING CORP., ET AL.

  • G.R. No. 142591 April 30, 2003 - JOSEPH CHAN, ET AL. v. BONIFACIO S. MACEDA

  • G.R. Nos. 144445-47 April 30, 2003 - PEOPLE OF THE PHIL. v. GENARO BIONG

  • G.R. No. 146099 April 30, 2003 - PEOPLE OF THE PHIL. v. JIMMEL SANIDAD, ET AL.

  • G.R. No. 146481 April 30, 2003 - ARTURO G. RIMORIN, SR. v. PEOPLE OF THE PHIL.

  • G.R. Nos. 146685-86 April 30, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN M. HILET

  • G.R. Nos. 146862-64 April 30, 2003 - PEOPLE OF THE PHIL. v. GAUDENCIO D. UMBAÑA

  • G.R. No. 146886 April 30, 2003 - DEVORAH E. BARDILLON v. BARANGAY MASILI of Calamba, Laguna

  • G.R. No. 146923 April 30, 2003 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 147033 April 30, 2003 - PEOPLE OF THE PHIL. v. MARIO UMAYAM

  • G.R. Nos. 148394-96 April 30, 2003 - PEOPLE OF THE PHIL. v. ROGER ELIARDA

  • G.R. No. 150179 April 30, 2003 - HEIRS OF WILLIAM SEVILLA, ET AL. v. LEOPOLDO SEVILLA, ET AL.

  • G.R. Nos. 150820-21 April 30, 2003 - SPS. ANTONIO and GENOVEVA BALANON-ANICETE, ET AL. v. PEDRO BALANON

  • G.R. No. 154037 April 30, 2003 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF BENJAMIN VERGARA, ET AL.

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    G.R. No. 116326   April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT LEE, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 116326. April 30, 2003.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROBERT LEE, ET AL., Accused-Appellant.

    D E C I S I O N


    AZCUNA, J.:


    This is an appeal from a decision of the Regional Trial Court, Branch 9, of Malolos, Bulacan, finding appellant guilty of robbery with homicide and sentencing him to a penalty of reclusion perpetua.chanrob1es virtua1 1aw 1ibrary

    The facts of record are as follows:chanrob1es virtual 1aw library

    Private complainant Belen Portugal-Legaspi, in the pursuit of her jewelry business, usually commuted in her car between the family residence in Saluysoy, Meycauayan, Bulacan and the BLG Jewelry Store that she owned and managed at P. Paterno St., Quiapo, Manila. 1

    At about 7:00 p.m. of February 21, 1990, Mrs. Legaspi and her salesgirl, Flordeliza Francisco, were aboard her car, driven by her only son, Joselito, on their way from Quiapo to Saluysoy. 2

    In their green-colored Ford Laser car, Mrs. Legaspi was seated in front beside her son, while Ms. Francisco occupied the backseat alone. 3

    Not long after the said car entered the Meycauayan exit of the North Expressway, while it was cruising along the street leading to the St. Francis Subdivision in Malhacan, Meycauayan, a white old-model Toyota Corona sedan rammed it from behind, immediately overtook it, and finally blocked its path. 4 Four men (three with drawn handguns and one clutching a long firearm) thereupon alighted from the Toyota sedan, while two others remained therein. 5

    Joselito backed up the Ford Laser car but it slammed against the concrete wall of a nearby textile factory and got stalled in that position. 6 The four men rushed to the car of the Legaspis.

    One of the men stood by the Ford Laser’s car door near the driver’s seat and, in quick succession, fired his handgun once in the air, then to the ground and, finally, at Joselito. Then he made a quick turn round the front of the Ford Laser, opened the right front door and forcibly positioned himself beside Mrs. Legaspi. 7

    Another man shoved Joselito towards the middle portion of the front seat and took over the steering wheel. 8

    The other two men occupied the back seat to the left and right of Ms. Francisco. 9

    With the Toyota Corona sedan following closely behind, the Ford Laser was driven along the intended route of the Legaspis over a distance of one kilometer or so, up to a dumpsite in front of a church under construction. There, having already divested Mrs. Legaspi of her personal valuables and taken two bags containing assorted pieces of jewelry worth about P3 Million, and P65,000.00 in cash, the armed men abandoned the Ford Laser, boarded their Toyota Corona sedan and in no time sped away. 10

    Finding the wounded Joselito already lifeless, Mrs. Legaspi hailed a passenger jeepney and, aboard the same, rushed him to the Nazareno Clinic where he was pronounced dead on arrival. 11

    Dr. Benito B. Caballero, Municipal Health Officer of Bocaue, Bulacan, at the request of the PNP-Meycauayan, conducted the autopsy of the cadaver at 8:30 p.m. of February 21, 1990 at the Meycauayan Funeral Homes. 12

    He issued a certificate, stating the cause of Joselito P. Legaspi’s death as: "Shock due to massive external and internal hemorrhage due to gunshot wound in the chest penetrating both lungs and heart." 13

    At the time of his death, Joselito was 21 years old, single, and a college student. The family of the deceased incurred expenses in the amount of P60,000.00 for his wake and P20,000.00 for the funeral service. 14

    On April 20, 1990, Robert Lee, Edmundo Rivera, Igmedio del Mundo, Angelito Orosco and Wilfredo Alcantara were charged by the Provincial Prosecutor of Bulacan with the crime of Robbery with Homicide penalized under par. 1, Article 294 of the Revised Penal Code.

    The Information, filed with the Regional Trial Court of Malolos, Bulacan, reads as follows:jgc:chanrobles.com.ph

    "That on or about the 21st day of February, 1990, in the municipality of Meycauayan, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused together with other persons who are still at large and against whom the preliminary investigation has not yet been completed, conspiring, confederating and mutually helping one another, armed with unlicensed firearms such as long firearm and handguns, did then and there willfully, unlawfully and feloniously, with intent of gain and by means of force, violence and intimidation, take, rob and carry away with them cash money in the sum of P65,000.00 and several pieces of jewelry valued at P3,000,000.00 belonging to one Belen Legaspi; to the damage and prejudice of the owner, said Belen Legaspi in the total amount of P3,065,000.00; and on the occasion of the commission of the said robbery in band, the said accused with intent to kill one Joselito Legaspi; did then and there wilfully, unlawfully and feloniously in furtherance of their conspiracy, with evidence premeditation and treachery, attack, assault and shot with the said firearm the said Joselito Legaspi, hitting the latter at his chest which directly caused his death.

    The aggravating circumstance of use of a motor vehicle is present in the commission of this offense." 15

    On May 17, 1990, Robert Lee and Eduardo Rivera were arraigned and they pleaded, "not guilty." Trial proceeded as to these two, as the other accused were then at large.chanrob1es virtua1 1aw 1ibrary

    On February 18, 1991, Angelito Orosco was arrested and subsequently brought to the trial court. He also pleaded, "not guilty" upon being arraigned.

    After trial, on April 22, 1993, the Regional Trial Court found all the three abovementioned accused guilty as charged, stating in the dispositive portion of its decision, thus:chanrob1es virtual 1aw library

    WHEREFORE, premises considered, judgment is hereby rendered finding accused ROBERT LEE y MANUTA of Antipolo, Rizal EDUARDO RIVERA y DELA CRUZ alias "Eddie" of Bagbaguin, Meycauayan, Bulacan and ANGELITO OROSCO y SINCABAN of Pulong Buhangin, Sta. Maria, Bulacan guilty beyond reasonable doubt as co-principals by conspiracy of the crime of Robbery in Band with Homicide as charged in the Information and sentencing each of them to suffer the penalty of reclusion perpetua with all the accessories prescribed by law; and ordering them to jointly pay unto the heirs of the late Joselito P. Legaspi the amounts of P50,000.00 as indemnity for the fact of his death, P80,000.00 as expenses for the traditional wake and funeral services for the aforenamed victim, P50,000.00 as moral damages, P30,000.00 as exemplary damages, and unto Mrs. Belen Portugal-Legaspi the amount of P3,065,000,00 representing the value of the pieces of assorted jewelry and cash subject-matter of the robbery, deducting therefrom the undetermined value of the few jewelry items subsequently recovered and delivered to her.

    SO ORDERED. 16

    From said decision, only the accused Angelito Orosco appealed.

    Appellant assigned the following as errors: 17

    1. THE TRIAL COURT ERRED IN NOT EXCLUDING THE EVIDENCE OF THE PROSECUTION FOR HAVING BEEN TAKEN AS A RESULT OF WARRANTLESS ARRESTS AND IN CONTRAVENTION OF THE SEARCH WARRANT ISSUED.

    2. THE TRIAL COURT ERRED IN ADMITTING THE EVIDENCE OF THE PROSECUTION, CONSISTING OF THE ALLEGED CONFESSIONS OF ACCUSED ROBERT LEE AND EDUARDO RIVERA, INSPITE OF THE FACT THAT THEY WERE TAKEN IN VIOLATION OF THEIR CONSTITUTIONAL RIGHTS.

    3. THE TRIAL COURT ERRED IN GREATLY RELYING UPON THE PURPORTED IDENTIFICATION OF THE ACCUSED-APPELLANT ANGELITO OROZCO MADE BY PROSECUTION WITNESSES BELEN LEGASPI AND FLORDELIZA FRANCISCO INSPITE OF THE FACT THAT THEY ARE UTTERLY UNRELIABLE.

    4. THE TRIAL COURT ERRED IN CONVICTING ACCUSED APPELLANT ANGELITO OROZCO.

    Appellant first argues that the extrajudicial confessions of his co-accused, Robert Lee and Eduardo Rivera, should be excluded because said persons were arrested without arrest warrants.

    Appellee, through the Solicitor General, replies that arrest without warrant and custodial investigation are two different concepts, subject to separate requisites, so that the invalidity of a warrantless arrest does not per se make the confessions taken during the custodial investigation inadmissible in evidence. Accordingly, appellee submits that even assuming that the aforementioned co-accused were unlawfully arrested without warrants, the same will not affect the extrajudicial confessions signed by them during custodial investigation. The confessions, appellee points out, were taken freely and voluntarily, without any duress. The persons investigated were duly informed of their rights to remain silent and to counsel. They were in fact ably represented by Atty. Dale Dick Liban of the Citizens Legal Assistance Office during said custodial investigation.

    The Court finds it unnecessary to resolve the foregoing issue. For independently of the extrajudicial confessions, the prosecution’s evidence establishes beyond reasonable doubt the guilt of Appellant.

    From the testimony of Belen Portugal-Legaspi, there is no question that appellant shot and killed her son that fateful early evening of February 21, 1990, in the course of an armed robbery, thus:chanrob1es virtual 1aw library

    Q What part did Angelito Orosco have in the commission of that offense that you have described?

    A He was the one who shot my son, sir.

    Q Where was Orosco whom you have pointed to the court now when he shot your son?

    A He was outside on the street and beside the driver’s seat where my son is situated.

    Q On which side of the car?

    A Left side (Witness indicating her left side)

    Q How far exactly from the car was him when he shot your son?

    A He was very near.

    Q How far?

    A Less than a meter.

    Q You said that your son was the one driving the car. Now, will you kindly tell the Court the position of Orosco in relation to your son when your son was shot?

    A Orosco was beside the window near the driver’s seat.

    Q At the time according to you Orosco shot your son, who were the persons, if any, in the front seat of the car?

    A My son and me.

    Q In your previous testimony you referred to a person who sat beside you, at what moment did this person sit beside you inside the car?

    A After my son was shot.

    Q What did he do?

    A Nothing except that he sat beside me after my son was shot.

    Q After Orosco shot your son can you tell the Court where he went?

    A He was the person who sat beside me, actually, he went around the car and sat beside me and somebody pushed my son and that somebody drove the car. 18

    Appellant would, however, fault this eyewitness on two grounds: (1) she could not have seen the assailant’s face, as it was dark; and (2) her testimony is not consistent as to who drove the car and who shot her son, and further differs from that of Flordeliza Francisco.chanrob1es virtua1 1aw 1ibrary

    On the first point, Mrs. Legaspi testified that the road was lighted and that there were lights coming from the houses around the area and from the vehicles traveling on the road, and said lights enabled her to see and identify the perpetrators of the crime.

    She testified, thus:chanrob1es virtual 1aw library

    COURT:chanrob1es virtual 1aw library

    Q Let’s go back to the scene of the crime or where your son was shot by the assailants, was that area lighted at the time considering that it was already night-time?

    A Yes, sir.

    Q The place was lighted with what?

    A The road is lighted and that road is being used by vehicles.

    Q Aside from that street lamp, were there other sources of light in the premises?

    A There are, the lights coming from the houses around there.

    Q Was that a residential area or a commercial area?

    A A sort of combination, residential and commercial area and there are many vehicles passed (sic) that way.

    x       x       x


    Q Now, you answered the Court that when the incident took place on February 21, 1990 the place was lighted, do you recall the time when this incident took place?

    A More or less, 7:00 o’clock in the evening.

    Q And some of the commercial places which you said were lighted were already closed at 7:00 o’clock, is it not?

    A Yes, sir.

    Q And the only light that illumines the place is the light of the electric post?

    A Aside from that, the lights from the incoming vehicles and also the lights from residential houses. 19

    Furthermore, on cross-examination, Mrs. Legaspi maintained the same point:chanrob1es virtual 1aw library

    x       x       x


    Q Madam witness, from the time that your car was bumped from behind by the car of the holduppers you will agree with me that no light inside your car was on at that very moment,

    A Yes, sir. Seldom do car-owners light their lights inside the car.

    Q That is true also at the time the four holduppers entered or boarded your car, is it not?

    A But it was brightly illuminated by the coming vehicles.

    Q My question is, no light inside your car was on at that time.

    A There was no light actually inside the car but it was bright in that particular place, I could easily see them.

    Court:chanrob1es virtual 1aw library

    Q By the way, did the Court get you right when you declared that it was Angelito Orosco who shot your late son?

    A Yes, Your Honor. He was the one.

    Q Prior to that incident have you ever known or seen the accused Angelito Orosco?

    A No, Your Honor.

    x       x       x. 20

    As correctly noted by appellee, the Court has held that the light from the stars, 21 or the moon, 22 or flames from an oven, 23 or a wick lamp or "gasera," 24 can give ample illumination to enable a person to identify or recognize another. Clearly, therefore, lights from street lamps, houses and passing cars are sufficient to enable the eyewitness to identify the Appellant.

    Regarding the second point, on the alleged inconsistencies, the same are minor in nature and do not detract from the credibility of the witnesses. Besides, Mrs. Legaspi never wavered on the point that it was appellant herein, Angelito Orosco, who shot and killed her son. She only erred in first saying that he also drove their car, but later she corrected herself on this point. Similarly, Flordeliza Francisco, who was seated at the back, thought it was appellant who drove the car. As stated, these are minor inconsistencies that do not affect the thrust of the testimony of Mrs. Legaspi that appellant shot and killed her son.

    The award of damages are correct and in accordance with law and the evidence, except the award of P80,000 for wake and funeral expenses. This was not supported by receipts and therefore cannot be granted. 25 However, an award of P25,000 for temperate damages may be allowed, under Article 2224 of the Civil Code, 26 since the fact of having incurred expenses for such purposes is incontrovertible. 27

    WHEREFORE, the decision of the court a quo is hereby AFFIRMED, with the MODIFICATION that the award of P80,000 for wake and funeral expenses is SET ASIDE but an award of P25,000 as temperate damages is GRANTED. Costs de oficio.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr., C.J., Vitug, Ynares-Santiago and Carpio, JJ., concur.

    Endnotes:



    1. TSN, 15 October 1990, pp. 22–24.

    2. Ibid., pp. 16–24; TSN, 1 February 1991, p. 6.

    3. Ibid., p. 7.

    4. Ibid., pp. 17–18.

    5. Ibid., pp. 18, 25.

    6. Ibid., p. 18.

    7. Ibid., pp. 19–20.

    8. Ibid., p. 26.

    9. Ibid., p. 27.

    10. Ibid., pp. 30–32.

    11. Ibid., pp. 34–35.

    12. TSN, March 15, 1991, pp. 10–11.

    13. Exhibit A, RTC Records, p. 189.

    14. Ibid., pp. 41–42 and 45.

    15. Records, p. 1.

    16. Decision, pp. 20–21; Rollo pp. 38–39.

    17. Appellee’s Brief, pp. 4–5; Rollo, p. 105.

    18. TSN, October 18, 1991, pp. 13–16.

    19. TSN, Ibid., pp. 72–73.

    20. TSN, November 20, 1991, pp. 44–45.

    21. People v. Vacal, 27 SCRA 24 (1969).

    22. People v. Pueblas, 127 SCRA 746 (1984).

    23. People v. De la Cruz, 147 SCRA 359 (1987).

    24. People v. Aboga, 147 SCRA 404 (1987).

    25. People v. Plazo, 350 SCRA 433 (2001); People v. Go-od, 331 SCRA 612 (2000).

    26. Art. 2224 of the Civil Code provides: "Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be proved with certainty."cralaw virtua1aw library

    27. People v. Sumibcay, G.R. Nos. 132130-31, May 29, 2002; People v. Plazo, supra, see note 25.

    G.R. No. 116326   April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT LEE, ET AL.


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