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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
 

   
October-2008 Jurisprudence                 

  • A.C. No. 1481 - REBECCA B. ARNOBIT v. ATTY. PONCIANO P. ARNOBIT

  • ADM. CASE No. 4495 - ANTONIO DE ZUZUARREGUI, JR. v. ATTY. APOLONIA A. C. SOGUILON

  • A.C. No. 6972 - JERRY T. WONG v. ATTY. SALVADOR N. MOYA II

  • ADM. CASE NO. 7091 - JOFEL LEGASPI v. ATTYS. RAMON LANDRITO AND MAGNO TORIBIO

  • A.C. No. 7505 - Walter Wilkie v. Atty. Sinarnar E. Limos

  • A.M. No. 06-12-720-RTC - Re: DISAPPROVAL OF THE PERMANENT APPOINTMENT OF MR. GODOFREDO C. DE LEON, as Clerk III, Regional Trial Court, Branch 40, Manila by the Civil Service Commission.

  • A.M. No. 08-8-11-CA - LETTER OF PRESIDING JUSTICE CONRADO M. VASQUEZ, JR., RE: CA-G.R. SP NO. 103692

  • A.M. No. 08-1982-MTJ - DANIEL P. ALMADEN, JR. v. HON. VICTORIO L. GALAPON, JR., Presiding Judge, Municipal Trial Court, Dulag, Leyte

  • A.M. No. MTJ-03-1499 Formerly A.M. OCA IPI No. 02-1310-MTJ and A.M. NO. P-03-1752 : October 6, 2008 Formerly A.M. OCA IPI No. 03-1595-P - CELFRED P. FLORES v. JUDGE RODOLFO B. GARCIA

  • A.M. No. MTJ-08-1721 Formerly A.M. No. IPI-03-1464-MTJ - MICHAEL GAMALIEL PLATA v. JUDGE LIZABETH G. TORRES

  • A.M. No. P-02-1666 Formerly A.M. OCA IPI No. 02-1294-P - JUDGE TRANQUILINO V. RAMOS v. RODRIGO C. BICAD

  • A. M. NO. P-05-1998 Formerly OCA IPI No. 04-1879-P - MAYOR NICASIO M. RAMOS v. CYRIL T. MAYOR, Clerk III, Metropolitan Trial Court, Branch 13, Manila

  • A.M. No. P-06-2165 Formerly OCA I.P.I. No. 05-2220-P - DOLORES MOLINA, ET AL. v. ATTY. GITANJALI BONDOC, ETC.

  • A.M. No. P-06-2249 - JUDGE PLACIDO C. MARQUEZ and ATTY. LYN L. LLAMASARES v. LUCILA C. PACARIEM, Stenographer, Regional Trial Court, Branch 23, Manila

  • A.M. No. P-06-2273 Formerly OCA-I.P.I. No. 06-2435-P - JUDGE REBECCA R. MARIANO v. MARISSA R. MONDALA, Court Legal Researcher II, Regional Trial Court, Branch 136 REYES, Makati City

  • A.M. No. P-07-2402 Formerly OCA I.P.I. No. 07-2591-P - ATTY. REDENTOR S. VIAJE v. ROLANDO A. DIZON

  • A.M. No. P-08-2451 Formerly OCA IPI No. 05-2201-P - ROEL A. FERNANDEZ v. RENATO RUBILLOS, PROCESS SERVER, MUNICIPAL TRIAL COURT, ALBUERA, LEYTE

  • A.M. No. P-08-2552 Formerly OCA I.P.I. No. -06-2370-P - ROBERTO C. PASCUAL v. MARILYN M. MARTIN, Clerk of Court III, Municipal Trial Court in Cities, Branch 1, Tarlac City

  • A.M. No. RTJ-07-2034 - ATTY. NENITA CENIZA-LAYESE v. JUDGE ENRIQUE C. ASIS

  • A.M. No. RTJ-07-2050 Formerly OCA I.P.I. No. 07-2563-P - SPOUSES ARLEEN and LORNA OLIVEROS v. HON. DIONISIO C. SISON, Acting Presiding Judge, Regional Trial Court, Branch 74, Antipolo City

  • A.M. No. RTJ-07-2074 Formerly A.M. No. 07-5-18-SC - OFFICE OF THE COURT ADMINISTRATOR v. RET. JUDGE IRENEO LEE GAKO, JR., Branch Clerk of Court MANUEL G. NOLLORA, Legal Researcher NILDA D. SUYKO, Clerk of Court VII CHICO-NAZARIO, ATTY. JEOFFREY S. JOAQUIN

  • G.R. No. 121833, G.R. NO. 130752 and G.R. NO. 137801 - ABOITIZ SHIPPING CORPORATION v. COURT OF APPEALS, MALAYAN INSURANCE COMPANY, INC., COMPAGNIE MARITIME DES CHARGEURS REUNIS, and F.E. ZUELLIG (M), INC.

  • G.R. No. 133347 - ABS-CBN BROADCASTING CORPORATION, ET AL. v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141854 - ORLANDO APOSTOL v. COURT OF APPEALS, ET AL.

  • G.R. No. 135808 - SECURITIES AND EXCHANGE COMMISSION v. INTERPORT RESOURCES CORPORATION, ET AL.

  • G.R. No. 143786 - SPOUSES LOURDES V. RUTAQUIO and LEONARDO LIWANAG, and JULIAN VILLAFLOR, represented by his children, ESTER V. PUJALTE, FILIPINA VILLAFLOR MARIA GEMMA VILLAFLOR and REY CONSTANTINO VILLAFLOR v. COURT OF APPEALS, MAURA PENAMORA, and MODEST

  • G.R. No. 146141 - ERNESTO CANADA, doing business under the name and style of HI-BALL FREIGHT SERVICES v. ALL COMMODITIES MARKETING CORPORATION

  • G.R. No. 147423 - TIRSO Z. OPORTO v. MEMBERS OF THE BOARD OF INQUIRY AND DISCIPLINE OF NATIONAL POWER CORPORATION, ETC.

  • G.R. No. 148133 - HERITAGE PARK MANAGEMENT CORPORATION v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION and ELPIDIO UY, doing business under name and style of EDISON DEVELOPMENT AND CONSTRUCTION

  • G.R. No. 150180 - FLAVIO S. SUAREZ, JR., RENATO A. DE ASIS, FRANCISCO G. ADORABLE, JOVEN ANDALOC, ONOFRE G. BAGAYO, GENITO J. BANGGO, WENDELINO L. BERONDO, NAPOLEON P. BULOS, ISIDRO S. DADANG, TEODORO P. DOTARO, NOIDA T. DUNGOG, EROLITO A. EDROZO, ROBERTO

  • G.R. No. 150746 - SIMEON NICOLAS CHAN, ET AL. v. YOLANDA CHAN, ET AL.

  • G.R. No. 151309 - BISIG MANGGAGAWA SA TRYCO, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 153624 - JUDGE ADORACION G. ANGELES v. P/INSP. JOHN A. MAMAUAG, SPO2 EUGENE ALMARIO, SPO4 ERLINDA GARCIA and SPO1 VIVIAN FELIPE

  • G.R. No. 154301 - CARLOS MANANGAN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 154379 - PCI TRAVEL CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION (3rd Division) & NUBE - AMEXPEA/PCI TRAVEL EMPLOYEES UNION

  • G.R. No. 155758 - Heirs of Jose Esplana etc. v. The CA & Heirs of Pedro De Lima Represented by Jaime De Lima

  • G.R. No. 155813 - CECILIA S. BALDUEZA, ETC. v. HON. CA, ET AL.

  • G.R. No. 156850 - NATIONAL HOUSING AUTHORITY v. PERICO V. JAO, representing the estate of the late Spouses ANDREA and IGNACIO JAO TAYAG

  • G.R. No. 156882 - Banco De Oro-Epci, Inc. v. Hon. Zenaida R. Daguna etc. & Phil. Devt. & International Corp.

  • G.R. No. 156962 - VICTORIAS MILLING CO., INC. v. LUIS J. PADILLA, ET AL.

  • G.R. No. 157542 - REBECCA A. BARBO, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 157592 - PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT v. SANDIGANBAYAN (Second Division) and RODOLFO ARAMBULO (deceased), substituted by Ronald L. Arambulo

  • G.R. No. 157680 - EQUIPMENT TECHNICAL SERVICES or JOSEPH JAMES DEQUITO v. COURT OF APPEALS, ALEX ALBINO, REY ALBINO, JULIUS ABANES, MIGUEL ALINAB, CHRISTOPHER BIOL, NELSON CATONG, RENATO DULOT, FLORO PACUNDO, MARCELITO GAMAS, REYNALDO LIMA, SAMMY MESAGAL,

  • G.R. No. 157707 - Marcial Fajardo v. Hon. CA, et al.

  • G.R. No. 158997 - FORT BONIFACIO DEVELOPMENT CORPORATION v. YLLAS LENDING CORPORATION, ET AL.

  • G.R. No. 160240 - Woodridge School (Now Known as Woodridge College Inc) v. Joanne C. Pe Benito, et al.

  • G.R. No. 160338 - VENTIS MARITIME CORPORATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 160541 - RONELO POLO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 161219 - MARINDUQUE MINING AND INDUSTRIAL CORPORATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 163515 - Isidro T.Pajarillaga v. CA, et al.

  • G.R. No. 164052 - ANONAS CONSTRUCTION AND INDUSTRIAL SUPPLY CORPORATION, and ELISEO F. LIBUNAO v. NATIONAL LABOR RELATIONS COMMISSION and LARRY NAFUAR

  • G.R. No. 164326 - SEAOIL PETROLEUM CORPORATION v. AUTOCORP GROUP and PAUL Y. RODRIGUEZ

  • G.R. No. 164632 - Urethane Trading Specialist Inc v. Edwin Ong & Leticia Ong

  • G.R. No. 164964 - NATIONAL POWER CORPORATION v. MARIA BAGUI, VEDASTO BAGUI, FELICIANA BAGUI, EPIFANIA BAGUI, HEIRS OF MARGARITO MACARAIG and WIFE, represented by Dolores Macaraig, NIEVES VALDEZ and JAIME MARQUEZ

  • G.R. No. 165389 - NFD International Manning Agents and A/S VULCANUS OSLO VS NATIONAL LABOR RELATIONS COMMISSION, JOSE I. ILAGAN, JR. and CONSTANTINO CO, JR.

  • G.R. No. 165550 - STANDARD CHARTERED BANK v. STANDARD CHARTERED BANK EMPLOYEES UNION (SCBEU)

  • G.R. No. 165622 - MERCURY DRUG CORPORATION and AURMELA GANZON v. RAUL DE LEON

  • G.R. No. 166408 - TORBEN B. OVERGAARD v. ATTY. GODWIN R. VALDEZ

  • G.R. No. 166502 - FRANCISCO DE GUZMAN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 166756 - REPUBLIC OF THE PHILIPPINES v. KATRINA ISABEL SAMSON YULO

  • G.R. No. 167215 - REPUBLIC OF THE PHILIPPINES v. HEIRS OF EVARISTO TIOTIOEN

  • G.R. No. 167500 - K-PHIL., INC., SOO MYUNG PARK and NETWORK DEVELOPMENT HOLDING CORP. v. METROPOLITAN BANK & TRUST COMPANY, REGALADO E. EUSEBIO, in his capacity as Clerk of Court VI and Ex-Officio Sheriff, and REYNALDO R. CAMERINO, in his capacity as Sher

  • G.R. No. 167627 - AGUSAN DEL NORTE ELECTRIC COOPERATIVE, INC., ET AL. v. JOEL CAGAMPANG, ET AL.

  • G.R. No. 167707 and G.R. NO. 173775 - THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, THE REGIONAL EXECUTIVE DIRECTOR, DENR-REGION VI, REGIONAL TECHNICAL DIRECTOR FOR LANDS, LANDS MANAGEMENT BUREAU, REGION VI PROVINCIAL ENVIRONMENT A

  • G.R. No. 167711 - THE OFFICE OF THE OMBUDSMAN v. RAMON C. GALICIA

  • G.R. No. 168081 - ARMANDO G. YRASUEGUI v. PHILIPPINE AIRLINES, INC.

  • G.R. No. 168166 - PEOPLE OF THE PHILIPPINES v. SALVADOR C. DACO

  • G.R. No. 168299 Formerly G.R. NOS. 156927-29 - PEOPLE OF THE PHILIPPINES v. LUIS AYCARDO

  • G.R. No. 168339 - MA. GREGORIETTA LEILA C. SY v. ALC INDUSTRIES, INC., ET AL.

  • G.R. No. 168394 - AGRARIAN REFORM BENEFICIARIES ASSOCIATION, ETC. v. LORETO G. NICOLAS, ET AL.

  • G.R. No. 168448 - PEOPLE OF THE PHILIPPINES v. FAJARDO NAPUDO

  • G.R. No. 168782 - SPOUSES JOVENAL TORING and CECILIA ESCALONA-TORING v. SPOUSES ROSALIE GANZON-OLAN and GILBERT OLAN, and ROWENA OLAN

  • G.R. No. 169576 - LEONIDES MERCADO, represented by his heirs: Racquel D. Mercado, Jimmy D. Mercado, Henry D. Mercado, Louricar D. Mercado and Virgilio D. Mercado v. COURT OF APPEALS and SAN MIGUEL CORPORATION

  • G.R. No. 170585 - DAVID C. LAO, ET AL. v. DIONISIO C. LAO

  • G.R. No. 170625 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS and TF KO DEVELOPMENT CORPORATION

  • G.R. No. 171008 - CARMELITA FUDOT v. CATTLEYLA LAND, INC.

  • G.R. No. 171036 - ADELA G. RAYMUNDO, EDGARDO R. RAYMUNDO, LOURDES R. RAYMUNDO, TERESITA N. RAYMUNDO, EVELYN R. SANTOS, ZENAIDA N. RAYMUNDO, LUIS N. RAYMUNDO, JR. and LUCITA R. DELOS REYES v. ERNESTO LUNARIA, ROSALINDA RAMOS and HELEN MENDOZA

  • G.R. No. 171089 - PEOPLE OF THE PHILIPPINES v. ROGELIO PASCUAL

  • G.R. No. 171452 - PEOPLE OF THE PHILIPPINES v. RICARDO SANTOS

  • G.R. No. 171790 - BRENDO D. MERIN v. NATIONAL LABOR RELATIONS COMMISSION, THROUGH ITS THIRD DIVISION, GREAT SOUTHERN MARITIME SERVICES, CORP., AND/OR IMC SHIPPING CO., PTE., LTD.

  • G.R. No. 172053 - UNION BANK OF THE PHILIPPINES v. PACIFIC EQUIPMENT CORPORATION, ET AL.

  • G.R. No. 172370 - PEOPLE OF THE PHILIPPINES v. FLORENDA CASTRO, ET AL.

  • G.R. No. 172426 - AIR TRANSPORTATION OFFICE v. HONORABLE COURT OF APPEALS (EIGHTEENTH DIVISION) and BERNIE G. MIAQUE

  • G.R. No. 172468 - PEOPLE OF THE PHILIPPINES v. JULIE VILLACORTA GIL (A. K. A. Julie Villasorca Gil)

  • G. R. No. 172800 - MARCIANO L. MASANGCAY v. TRANS-GLOBAL MARITIME AGENCY, INC. AND VENTNOR NAVIGATION, INC.

  • G.R. No. 172901 - American Express International Inc. v. Hon. Judge Marlene Gonzales Sison etc & Maria Teresa Fernando

  • A.C. No. noxxxxx - JESUS E. VERGARA v. HAMMONIA MARITIME SERVICES, INC., ET AL.

  • G.R. No. 173454 and G.R. NO. 173456 - PHILIPPINE NATIONAL BANK v. MEGA PRIME REALTY AND HOLDINGS CORPORATION

  • G.R. No. 174154 - JESUS CUENCO v. TALISAY TOURIST SPORTS COMPLEX, INCORPORATED AND MATIAS B. AZNAR III

  • G.R. No. 174224 - MARCIAL APARECE v. J. MARKETING CORPORATION and/or ROGER L. AGUILLON

  • G.R. No. 174536 - Roberto Y. Ponciano, Jr. v. CA, et al.

  • G.R. No. 174971 - LAND BANK OF THE PHILIPPINES v. AMS FARMING CORPORATION

  • G.R. No. 175162 - Atty. Ernesto A. Tabujara III, et al. v. People of the Phil. and Daisy Afable

  • G.R. No. 175176 - NATIONAL POWER CORPORATION v. SANTA LORO VDA. DE CAPIN and SPS. JULITO QUIMCO and GLORIA CAPIN

  • G.R. No. 175587 - Philippine Commercial International Bank v. Joseph Anthony M. Alejandro

  • G.R. No. 175692 - Angel Ubales Y Velez v. People of the Philippines

  • G.R. No. 175725 - NATIONAL POWER CORPORATION v. ANGEL SUAREZ, CARLOS SUAREZ, MARIA THERESA SUAREZ, AND ROSARIO SUAREZ

  • G.R. No. 175832 - PEOPLE OF THE PHILIPPINES v. SALVADOR SANCHEZ y ESPIRITU

  • G.R. No. 176240 - ROLANDO SASAN, SR., LEONILO DAYDAY, MODESTO AGUIRRE, ALEJANDRO ARDIMER, ELEUTERIO SACIL, WILFREDO JUEGOS, PETRONILO CARCEDO and CESAR PACIENCIA v. NATIONAL LABOR RELATIONS COMMISSION 4TH DIVISION, EQUITABLE-PCI BANK and HELPMATE, INC.

  • G.R. No. 176637 - PEOPLE OF THE PHILIPPINES v. REYNALDO DELA TORRE

  • G.R. No. 176706 - MANIGO K. RAMOS v. SPOUSES PURITA G. ALVENDIA and OSCAR ALVENDIA and SPOUSES JOSE and ARACELI SEVERINO

  • G.R. No. 176724 - MAYOR KENNEDY B. BASMALA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 176943 - DANILO ALUAD, LEONORA ALUAD, DIVINA ALUAD, PROSPERO ALUAD, and CONNIE ALUAD v. ZENAIDO ALUAD

  • G.R. No. 177135 - ARTURO O. RADAZA, JULITO H. CUIZON, FERNANDO T. TAGA-AN, JR., and ROGELIO D. VELOSO v. THE HONORABLE COURT OF APPEALS, SPECIAL NINETEENTH (19th) DIVISION, OMBUDSMAN MERCEDITAS GUTIERREZ, DEPUTY OMBUDSMAN VIRGINIA PALANCA - SANTIAGO, DEPA

  • G.R. No. 177222 - PEOPLE OF THE PHILIPPINES v. RANILO DE LA CRUZ Y LIZING

  • G.R. No. 177237 - WILLIAM CHING v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 177348 - SPOUSES RAMON PATRON and LUZVIMINDA PATRON v. UNION BANK OF THE PHILIPPINES, THE INTERNATIONAL CORPORATE BANK, and THE QUEDAN AND RURAL CREDIT GUARANTEE CORPORATION

  • G.R. No. 177563 - PEOPLE OF THE PHILIPPINES v. DIOSDADO BALOBALO

  • G.R. No. 177564 - ARTURO REVITA "ALIAS" ARTHUR v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 177598 - ROBERT SAN PEDRO v. WILLY ONG and NORMITA CABALLES

  • G.R. No. 177580 - OFFICE OF THE OMBUDSMAN v. VICTORIO N. MEDRANO

  • G.R. No. 177647 - U-BIX CORPORATION and EDILBERTO B. BRAVO v. VALERIE ANNE H. HOLLERO

  • G.R. No. 177736 - MELANIE P. MONTUERTO v. HON. MAYOR ROLANDO E. TY, ET AL.

  • G.R. No. 177775 - PEOPLE OF THE PHILIPPINES v. ISAIAS DIZON

  • G.R. No. 177825 - PEOPLE OF THE PHILIPPINES v. RENE ROSAS

  • G.R. No. 177982 - FITNESS BY DESIGN, INC. v. COMMISSIONER ON INTERNAL REVENUE

  • G.R. No. 178024 - LAWRENCE B. WACNANG v. COMMISSION ON ELECTIONS and FLOYDELIA R. DIASEN

  • G.R. No. 178271 - Banco De Oro-Epci, Inc. v. Hon. Zenaida R. Daguna etc. & Phil. Devt. & International Corp.

  • G.R. No. 178405 - REYNALDO DEUS Y SANTOS v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 178443 - SPOUSES LORENZO H.LABAYEN, ET AL. v. LEONARDO. SERAFICA

  • G.R. No. 178449 - METROPOLITAN BANK AND TRUST COMPANY v. SPOUSES ELISA TAN AND ANTONIO TAN and SPOUSES LILIAN TAN AND MARCIAL SEE

  • G.R. No. 180451 - PEOPLE OF THE PHILIPPINES v. SPO1 ARNULFO A. AURE and SPO1 MARLON H. FEROL

  • G.R. No. 180512 - PEOPLE OF THE PHILIPPINES v. NOEL CUASAY

  • G.R. No. 181043 - THE PEOPLE OF THE PHILIPPINES v. MILLANO MUIT, SERGIO PANCHO, JR., EDUARDO HERMANO ALIAS "BOBBY REYES," ROLANDO DEQUILLO, ROMEO PANCHO, and JOSEPH FERRAER

  • G.R. No. 180906 - THE SECRETARY OF NATIONAL DEFENSE, ET AL. v. RAYMOND MANALO, ET AL.

  • G.R. No. 181545 - THE PEOPLE OF THE PHILIPPINES v. MARK DELA CRUZ

  • G.R. No. 182084 - LIBRADO M. CABRERA v. THE COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 182192 - PEOPLE OF THE PHILIPPINES v. AGRIPINO GUEVARRA y MULINGTAPANG alias "BOY DUNGGOL

  • G.R. No. 182232 - PEOPLE OF THE PHILIPPINES v. NENITA B. HU

  • G.R. No. 182347 - PEOPLE OF THE PHILIPPINES v. EMILIO RIVERA y CABLANG alias 'BOY'

  • G.R. No. 182421 - UCPB GENERAL INSURANCE CORPORATION v. OWNER OF M/V 'SARINDERJIT' BLUE RIVE NAVIGATION

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - AZCUNA - SEPARATE OPINION

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - BRION - CONCURRING AND DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. NO. 183591, G.R. NO. 183752, G.R. NO. 183893, G.R. NO. 183951 and G.R. NO. 183962 - THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - CARPIO - SEPARATE CONCURRING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - NACHURA - DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - YNARES-SANTIAGO - SEPARATE CONCURRING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - TINGA - SEPARATE OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - CHICO-NAZARIO - SEPARATE OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - VELASCO, JR. - DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - PUNO - SEPARATE CONCURRING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. NOS. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - REYES - SEPARATE OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - LEONARDO-DE CASTRO - SEPARATE CONCURRING AND DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183696 - People of the Philippines v. Nelson Arraz

  • G.R. No. 184182 - PEOPLE OF THE PHILIPPINES v. ALFREDO M. PAPA

  • G.R. No. L-26112 / G.R. No. L-30240 - REPUBLIC OF THE PHILIPPINES, ET AL. v. HON. JAIME DELOS ANGELES, ET AL.

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    G.R. No. 177775 - PEOPLE OF THE PHILIPPINES v. ISAIAS DIZON

      G.R. No. 177775 - PEOPLE OF THE PHILIPPINES v. ISAIAS DIZON

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. NO. 177775 : October 10, 2008]

    PEOPLE OF THE PHILIPPINES, Appellee, v. ISAIAS V. DIZON, Appellant.

    D E C I S I O N

    CARPIO MORALES, J.:

    By Decision of October 31, 20061, the Court of Appeals affirmed in toto the January 10, 2005 decision of Branch 38 of the Regional Trial Court (RTC) of Maddela, Quirino, convicting Isaias Dizon (appellant) of Murder, the dispositive portion of which RTC decision reads:

    WHEREFORE, premises considered, judgment is hereby rendered finding ISAIAS DIZON GUILTY beyond reasonable doubt of Murder for which he should suffer the penalty of reclusion perpetua and to pay the heirs of JETO SANTOS P75,000.00 as civil indemnity; P50,000.00 as moral damages; P14,000.00 as actual expenses; and P5,000.00 as temperate damages.

    However, his preventive imprisonment shall be fully credited to him in the service of his sentence pursuant to Art. 29 of the Revised Penal Code, as amended.

    SO ORDERED.

    On December 25, 2001, the lifeless body of Jeto Santos (the victim) was found floating in a creek in Sangbay, Nagtipunan, Quirino. As eyewitness accounts pointed to Rodel Dizon (Rodel), herein appellant Isaias Dizon, and Virgilio Pascua (Pascua) as the last persons seen with the victim, the three were immediately arrested and charged before the Office of the Provincial Prosecutor.

    By Resolution of January 29, 2002, the Provincial Prosecutor found probable cause to hale only appellant into court. Thus appellant was charged for Murder in an Information the accusatory portion of which reads:

    That on or about 10:00 o'clock to 11:00 o' clock in the evening of December 24, 2001 in Sangbay, Nagtipunan, Quirino, Philippines and within the jurisdiction of this Honorable Court, the said accused with intent to kill and with treachery did then and there willfully, unlawfully and feloniously attack, assault and use personal violence upon the person of JETO SANTOS by hitting thrice the latter in the head with the use of stones, thereby inflicting upon the latter mortal wounds which were the direct and immediate cause of his death thereafter.

    CONTRARY TO LAW.

    From the account of prosecution witness, Rodel, whose grandfather is a cousin of herein appellant, the following transpired:

    In the evening of December 24, 2001, while he, Pascua and appellant were drinking at a videoke bar, the victim entered and started dancing along to the music. At around 10:00 o'clock he went outside to urinate at an elevated area, with no enclosure, illuminated by the lights from the bar and adjacent to the downward path towards a creek.

    While urinating, he saw appellant and the victim exit from the bar and proceed towards the creek which was about 15-20 meters away from the bar. Upon reaching the stone-littered edge of the creek, appellant picked up a fist-sized stone with which he smashed the face of the victim who, as a result fell down. He thus rushed to the two and tried to pacify appellant. Unrestrained, appellant attempted to again hit the victim by picking up another stone, oblong in shape whose length was approximately that of a long coupon bond, but he (Rodel) was able to arrest the attempt and the stone fell on the ground. Appellant thereupon shoved him, picked up the same stone and succeeded in "dropping" it at the already sprawled victim. Realizing that he could no longer pacify appellant, he ran away and proceeded to his grandmother's house.

    Appellant denied the charge. Admitting that he was at the bar with Rodel and Pascua before the incident, he claimed that he went home at around 8:45 in the evening at the behest of his wife Mary Jane.

    Mary Jane corroborated appellant's testimony, adding that at around 11:00 in the evening, she noticed Rodel knocking on the door of her neighbor Romy Dizon, saying "Uncle, uncle, please open up because I have killed"; that when nobody responded, Rodel went to their (appellant's and Mary Jane's) house and pleaded "Lola, lola, please open up because I have killed"; and that when she opened the door, Rodel asked for money from her to which she obliged, but she did not ask who the victim was.

    The trial court, as stated early on, convicted appellant by Decision of January 10, 2005.

    In convicting appellant, the trial court credited, among other things, Rodel's positive identification of appellant absent a showing that he was actuated by an ill-motive to testify against his grandfather, herein appellant. And the trial court noted the testimony of Dr. Perla Olay as corroborative of Rodel's testimony that the victim was hit in the head.

    In his Brief filed before the Court of Appeals, appellant faulted the trial court:

    I

    . . . in finding [him] guilty beyond reasonable doubt of the offense charged[; and]

    II

    . . . in appreciating the qualifying circumstance of treachery.

    The appellate court in upholding the trial court's finding that treachery attended the killing held:

    The act of Accused-Appellant in hitting the victim again with a stone knowing fully well that the latter is already sprawled on the ground, with his hands spread [out], insured that the victim had no opportunity to defend or retaliate against him. Moreover, the deliberate throwing of stones, thereafter by the Accused-Appellant, with the sizes of a fist and a long coupon bond, for a number of times simply tend[s] to show that the Accused-Appellant had chosen such manner of execution. Additionally, treachery can exist even if the attack is frontal, if it is sudden and unexpected, giving the victim no opportunity to defend himself against such attack. Thus, the requisites to qualify the crime to murder through treachery are met in the instant case. (Underscoring supplied)cralawlibrary

    In determining the existence of treachery, the Court considers the manner of execution of the criminal act which renders it impossible for the victim to defend himself.2 Treachery can thus exist even if the attack is frontal if it is sudden and unexpected. While in Rodel's Sworn Statement3 before the police given soon after his arrest, he declared that there was an altercation before appellant picked up a stone and hit the victim with it, murder is not ruled out. The appellant's picking up of a stone and crashing it upon the victim was so sudden. It bears noting that appellant's attack was directed to the head of the victim, indicating that he intended to render him unconscious, if not to kill him instantly, to thus render him defenseless. The gravity of the head wounds suffered by the victim - seven lacerated wounds two of which exposed the brain tissues, hence fatal4 according to Dr. Olay, should confirm such intent.

    The identification of appellant as the malefactor by his grandson Rodel should a fortiori be accorded much weight, for judicial notice is taken of the natural hesitancy of most people to get involved in a criminal case,5 which is naturally heightened in Rodel because appellant is a relative.

    As for appellant's alibi, for it to prosper, it is not enough to prove that he was somewhere else when the offense was committed. It must likewise be proven that he was somewhere else that he could not have been physically present at the place of the crime or its immediate vicinity at the time of its commission.6 As testified by his wife, Mary Jane, however, the bar was only 50 meters away from their house, hence, it was not impossible for him to be at the locus criminis at the time of the commission of the crime.

    In fine, appellant's appeal fails.

    A word on the civil aspect of the case. In line with prevailing jurisprudence, the award of civil indemnity is reduced from P75,000 to P50,000.7 The award of temperate damages8 is deleted, actual damages having already been awarded. The Court awards, however, exemplary damages in the amount of P25,000,9 an aggravating circumstance - treachery - being present.

    WHEREFORE, the Court of Appeals Decision of October 31, 2006 is AFFIRMED with the following MODIFICATION on the civil aspect of the case (1) the award of civil indemnity is reduced from P75,000 to P50,000; (2) the award of temperate damages is deleted and; (3) exemplary damages is awarded to the heirs of the victim in the amount of P25,000.

    Costs against accused-appellant.

    SO ORDERED.

    Endnotes:


    1 Penned by Associate Justice Normandie B. Pizzaro, with the concurrence of Associate Justices Rosalinda Asuncion-Vicente and Aurora Santiago-Lagman. Rollo, pp.2-11.

    2 People v. Sades, G.R. 171087, July 12, 2006, 494 SCRA 716, 718.

    3 Exhibit "B," records, p. 43.

    4 TSN, September 16, 2002, pp. 10-11.

    5 People v. Tulop, G.R. No. 124829, April 21, 1998, 289 SCRA 316, 317.

    6 People v. Peleras, 417 Phil. 537 (2001).

    7 People v. De Guzman, G.R. No. 169082, August 17, 2007, 530 SCRA 631; People v. Sades, G.R. 171087, July 12, 2006, 494 SCRA 716; Nueva EspaƱa v. People, G.R. No. 163351, June 21, 2005, 460 SCRA 547.

    8 Article 2224. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that same pecuniary loss has been suffered but its amount can not from the nature of the case, be proved with certainty. (Civil Code)

    9 People v. Nicolas, 448 Phil. 253 (2003).

    G.R. No. 177775 - PEOPLE OF THE PHILIPPINES v. ISAIAS DIZON


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