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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
 

   
July-2009 Jurisprudence                 

  • A.C. No. 6121 - TRINIDAD H. CAMARA, ET AL. v. ATTY. OSCAR AMONDY REYES

  • A.C. No. 7199 Formerly CBD 04-1386 - Foodsphere, Inc. v. Atty. Melanio L. Mauricio, Jr.

  • A.C. No. 7815 - Dolores C. Belleza v. Atty. Alan S. Macasa

  • A.C. No. 8243 - Rolando B. Pacana, Jr. v. Atty. Maricel Pascual-Lopez

  • A.C. No. 8252 - Natividad Uy v. Atty. Braulio RG Tansisin

  • A.M. No. 02-8-207-MTCC - Re: Report on the Judicial Audit Conducted in the Municipal Trial Court in Cities, Branch 2, Cagayan De Oro City

  • A.M. No. 03-7-170-MCTC - Re: Report on the Judicial Audit in Municipal Circuit Trial Court, Jiminez-Sinacaban, Misamis Occidental/ Judge Pricilla Hernandez

  • A.M. No. 08-3-73-MeTC - Re: Report on the Judicial Audit Conducted at the Metropolitan Trial Court, Branch 55, Malabon City

  • A.M. No. 08-4-4-SC - Re: Request of the Police Director General Avelino I. Razon for authority to delegate the endorsement of application for search warrant

  • A.M. No. 2008-24-SC - Re: Fighting incident between two(2) SC shutle bus drivers, namely, Messrs. Edilbert L. Idulsa and Ross C. Romero

  • A.M. No. MTJ-06-1651 - Prosecutor Robert M. Visbal v. Judge Wenceslao B. Vanilla, MTCC, Br. 2, Tacloban City

  • A.M. No. MTJ-08-1709 Formerly A.M. OCA IPI No. 02-1225-MTJ - Lanie Cervantes v. Judge Heriberto M. Pangilinan, and Clerk of Court III Carmencita P. Baloco, etc.

  • A.M. No. P-03-1677 & A.M. No. P-07-2317 - Liberty M. Toledo v. Liza Perez, Court Stenographer III, Office of the Clerk of Court, RTC, Manila

  • A.M. No. P-06-2212 - Geronimo Francisco v. Sebastian Bolivar, etc.

  • A.M. No. P-06-2217 Formerly OCA IPI No. 06-2375-P - Concerned Employees of the Municipal Trial Court of Meycauayan, Bulacan v. Larizza Paguio-Bacani, Branch COC II, MTC, Meycauayan, Bulacan

  • A.M. No. P-06-2219 Formerly A.M. No. 06-7-392-RTC - Office of the Court Administrator v. Officer-in-charge and Legal Researcher Nilda Cinco, RTC, Br. 28, Catbalogan, Samar

  • A.M. No. P-06-2245 Formerly OCA IPI NO. 06-2373-P and A.M. NO. MTJ-09-1741 Formerly OCA IPI No. 06-1853-MTJ : July 31, 2009 - Judge Jaime L. Dojillo, Jr. v. Concepcion Z. Ching, etc.

  • A.M. No. P-08-2578 Formerly OCA I.P.I. No. 08-2924-P - Gaspar R. Dutosme v. Atty. Rey D. Caayona

  • A.M. No. P-09-2644 Formerly OCA IPI No. 08-2787-P - Edgardo A. Quilo v. Rogelio G. Jundarino, Sheriff III, Metropolitan Trail Court, Branch 19, Manila

  • A.M. No. P-08-2132 Formerly A.M. OCA IPI No. 07-2549-RTJ - Atty. Florencio Alay Binalay v. Judge Elias O. Lelina, Jr.

  • A.M. No. RTJ-08-2158 Formerly OCA IPI No. 04-2018-RTJ - Alfredo Favor v. Judge Cesar O. Untalan, RTC, Branch 149, Makati City

  • A.M. No. RTJ-09-2175 - Venancio Inonog v. Judge Francisco B. Ibay, Presiding Judge, Regional Trial Court, Branch 135, Makati City

  • A.M. No. RTJ-09-2183 Formerly A.M. OCA IPI No. 05-2346-RTJ - Concerned Lawyers of Bulacan v. Presiding Judge Pornillos, RTC Br. 10, Malolos City.

  • A.M. No. RTJ-09-2186 Formerly A.M. OCA-IPI No. 03-1893-RTJ and A.M. No. RTJ-09-2187 Formerly A.M. OCA IPI No. 04-1993-RTJ - Atty. Nelson T. Antolin, et al. v. Judge Alex L. Quiroz, et al.

  • G.R. No. 141888 - Melba Rose R. Sasot v. Amado Yuson, et al.

  • G.R. No. 147957 - Privatization Management Office v. Legaspi Towers 300, Inc.

  • G.R. No. 148600 - Atty. Emmanuel Pontejos v. Hon. Aniano Desierto and Restituto Aquino

  • G.R. No. 149763 - Eduardo J. Mari o, Jr. et al. v. Gil Y. Gamilla, et al.

  • G.R. No. 150228 - Bank of America NT & SA v. Philippine Racing Club

  • G.R. No. 151424 - Eagle Realty Corporation v. Republic of the Philippines, etc., et al.

  • G.R. No. 151973 - National Power Corporation v. Sps. Lorenzo L. Laohoo, et al.

  • G.R. No. 152263 - Arthur Zarate v. Regional Trial Court, Br. Gingoog City, Misamis Oriental

  • G.R. No. 152496 - Sps. German Anunciacion, et al. v. Perpetua M. Bocanegra, et al.

  • G.R. No. 155491 - Smart Communications, Inc., v. The City of Davao, represented by its Mayor Hon. Rodrigo Duterte and the Sangguniang Panlunsod of Davao City

  • G.R. No. 156946 - Secretary of Finance v. Oro Maura Shipping Lines

  • G.R. No. 157607 - Land Bank of the Philippines v. Rowena O. Paden

  • G.R. No. 159131 - Heirs of Toribio Waga, represented by Merba A. Waga v. Isabelo Sacabin

  • G.R. No. 159358 - Eureka Personnel and Management Corp., and Nari K. Gidwani v. The Hon. National Labor Relations Commission, et al.

  • G.R. No. 159624 - Cebu Mactan Members Center, Inc. v. Masahiro Tsukahara

  • G.R. NOS. 160243-52 - Romeo D. Lonzanida v. People of the Philippines

  • G.R. No. 160265 - Nely T. Co. v. People of the Philippines, et al.

  • G.R. No. 160380 - Sps. Eduardo & Leticia Monta o v. Rosalina Francisco, et al

  • G.R. No. 160772 - Hilario P. Soriano v. Ombudsman Simeon V. Marcelo, et al.

  • G.R. No. 161051 - Compania General de Tabacos De Filipinas and La Flor De La Isabela, inc. v. Hon. Virgilio A. Sevandal, et al.

  • G.R. No. 161062 - Republic of the Philippines v. Ferventino U, Tango

  • G.R. No. 161238 - Heirs of Jose G. Santiago, namely: Julia G. Santiago, et al. v. Aurea G. Santiago, et al.

  • G.R. No. 161748 - Spouses Francisco and Betty Wong and Spouses Joaquin and Lolita Wong v. City of Iloilo, et al.

  • G.R. No. 162074 - Cecilleville Realty and Service Corporation v. Spouses Tito Acu a, et al.

  • G.R. No. 162540 - Gemma T. Jacinto v. People of the Philippines

  • G.R. No. 162721 - Petronila Maylem v. Carmelita Ellano and Antonia Morciento

  • G.R. No. 162738 - Sps. Elizabeth S. Tagle Ernesto R. Tagle v. Hon. Court of Appeals, RTC, Quezon City, Branch 97, Sps. Federico and Rosamyrna Carandang and Shriff Carol Bulacan

  • G.R. No. 162836 - Cerefina Argallon-Jocson and Rodolfo Tuising v. Maria Cristina Fertilizer Corporation and/or Marcelo Steel Corporation

  • G.R. No. 164244 - National Housing Authority v. Reynaldo Magat

  • G.R. No. 164315 - Alcatel Philippines, Inc. v. Rene R. Relos

  • G.R. No. 164560 - Ana De Guia San Pedro, et al. v. Hon. Fatima G. Asdala (etc.), et al.

  • G.R. No. 164800 - Republic of the Philippines v. Estate of Alfonso Lim, Sr., et al.

  • G.R. No. 164817 - Digna A. Najera v. Eduardo J. Najera

  • G.R. No. 164968 - Gloria Ocampo, et al. v. Land Bank of the Philippines, et al.

  • G.R. No. 165448 - Ernesto Aquino v. People of the Philippines

  • G.R. No. 165568 - Government Service Insurance System v. Abraham Lopez

  • G.R. No. 165678 - Rosario Panuncio v. People of the Philippines

  • G.R. No. 165907 - Spouses Dominador R. Narvaez and Lilia W. Narvaez v. Spouses Rose Ogas Alciso and Antonio Alciso

  • G.R. No. 166198 - Marcelino A. Magdadaro v. Philippine National Bank

  • G.R. No. 166553 - Republic of the Philippines, represented by the National Power Corporation v. Sps. Ruperto and Sonia S. Libuano, et al.

  • G.R. No. 166640 - Herminio Mariano, Jr. v. Ildefonso C. Callejas and Edgar De Borja

  • G.R. No. 166705 - Mantle Trading Services, Incorporated and/or Bobby Del Rosario v. National Labor Relations Commission and Pablo S. Madriaga

  • G.R. No. 166734 - Mandy Commodities Co., Inc. v. The International Commercial Bank of China

  • G.R. No. 166988 - Heirs of Emiliano San Pedro, etc. v. Pablito Garcia and Jose Calderon

  • G.R. No. 167232 - D.B.T. Mar-Bay Construction Incorporated v. Ricaredo Panes, et al.

  • G.R. No. 167546 - Sonny Romero y Dominguez v. People of the Philippines

  • G.R. No. 167809 - Land Bank of the Philippines v. Josefina R. Dumlao, et al.

  • G.R. No. 168406 - Club Filipino, Inc. and Atty. Roberto F. De Leon v. Benjamin Bautista, et al.

  • G.R. No. 169519 - Irenorio B. Balaba v. People of the Philippines

  • G.R. No. 169700 - In the Matter of the Allowance of the Will of Moises F. Banayad Apolonia Banayad Frianela v. Servillano Banayad, Jr.

  • G.R. No. 169878 - People of the Philippines v. Jesus Obero

  • G.R. No. 170014 - Renita Del Rosario, et al. v. Makati Cinema Square Corporation

  • G.R. No. 170472 - People of the Philippines v. Jojo Musa y Santos, et al.

  • G.R. NOS. 170615-16 - The Repuclic of the Philippines, represented by the Office of the Ombudsman, Ma. Merceditas N. Gutierrez, in her capacity as the Ombudsman v. Rufino V. Maijares, Roberto G. Ferrera, Alfredo M. Ruba and Romeo Querubin.

  • G.R. No. 171275 - Victor Meteoro, et al. v. Creative Creatures, Inc.

  • G.R. No. 171386 - Gloria R. Motos and Martin Motos v. Real Bank (A Thrift Bank), Inc.

  • G.R. No. 171586 - National Power Corporation v. Province of Quezon and Municipality of Pabgilao

  • G.R. No. 171655 - People of the Philippines v. Pablo L. Estacio, Jr. and Maritess Ang

  • G.R. No. 171842 - Gloria S. Dy v. Mandy Commodities Co., Inc.

  • G.R. No. 171968 - XYST Corporation v. DMC Urban Properties Development, Inc., Fe Aurora C. Castro (Intervenor)

  • G.R. No. 172174 - Davao Contractors Development Cooperative (DACODECO), represented by Chairman of the Board Engr. L. Chavez v. Marilyn A. Pasawa.

  • G.R. No. 172212 - Rafael Rondina v. Court of Appeals formet special 19th Division, unicraft Industries International Corp., Inc. Robert Dino, Cristina Dino, Michael Lloyd Dino, Allan Dino and Mylene June Dino.

  • G.R. No. 172342 - LWV Construction Corporation v. Marcelo B. Dupo

  • G.R. No. 172574 - Noli Lim v. Angelito Delos Santos, etc., Denia R. Adoyo, et al., (Intervenors) Gloria Murillo, et al., (Protestants)

  • G.R. No. 172640 - Victoriano Dela Pe a, et al. v. Spouses Vicente Alonzo, et al.

  • G.R. No. 172796 - Sps. Artemio and Esperanza Aduan v. Levi Chong

  • G.R. No. 173252 - Unisource Commercial and Development Corporation v. Joseph Chung, et al.

  • G.R. No. 173654-765 - People of the Philippines v. Teresita Puig and Romeo Porras

  • G.R. No. 174154 - Jesus Cuenco v. Talisay Tourist Sprots Complex, Incorporated and Matias B. Aznar III

  • G.R. No. 174238 - Anita Cheng v. Souses William and Tessie Sy

  • G.R. No. 174364 - Northwest Airlines v. Delfin S. Catapang

  • G.R. No. 174370 - People of the Philippines v. Willy Mardo Ganoy y Mamayabay

  • G.R. No. 174610 - Soriamont Steamship Agencies, Inc., et al. v. Sprint Transport Services, inc. etc.

  • G.R. No. 174803 - Marywin Albano-Sales v. Mayor Reynolan T. Sales and Court of Appeals

  • G.R. No. 174830 - Isabelita Vda. De Dayao and Heirs of Vicente Dayao v. Heirs of Gavino Robles, namely: Placida vda. De Robles, et al.

  • G.R. No. 174986, G.R. NO. 175071 and G.R. NO. 181415 - Armand O. Raquel-Santos, et al. v. Court of Appeals, et al.

  • G.R. No. 175352 - Dante Liban, et al. v. Richard J. Gordon

  • G.R. No. 175551 - Republic of the Philippines represented by the Manila International Airport Authority (MIAA) v. Hon. Francisco G. Mendioal, etc.

  • G.R. No. 175677 and G.R. NO. 177133 - Spouses Azucena B. Corpuz and Renato S. Corpuz v. Citibank, N.A. et al.

  • G.R. No. 175910 - Atty. Rogelio E. Sarsaba v. Fe vda De Te, represented by her Attorney-in-Fact Faustino Casta eda

  • G.R. No. 177007 - Sansio Philippines, Inc. v. Sps. Alicia Leodegario Mogol, Jr.

  • G.R. No. 177181 - Rabaja Ranch and Development Corporation v. AFP Retirement and Separation Benefits System

  • G.R. No. 177430 and G.R. NO. 178935 - Rene M. Francisco v. People of the Philippines

  • G.R. No. 177594 - University of San Agustin, Inc. v. University of San Agustin Employees Union-FFW

  • G.R. No. 177624 - Modesta Luna v. Juliana P. Luna, et al.

  • G.R. No. 177728 - Jenie San Juan Dela Cruz, et al., etc., v. Ronald Paul S. Gracia, etc.

  • G.R. No. 177766 - People of the Philippines v. Claro Jampas

  • G.R. No. 177768 - People of the Philippines v. Charmen Olivo y Along, Nelson Danda y Sambuto and Joey Zafra y Reyes

  • G.R. No. 177847 - Laurence M. Sison v. Eusebia Cariaga

  • G.R. No. 178058 - People of the Philippines v. Jessie Maliao y Masakit, Norberto Chiong y Discotido and Luciano Bohol y Gamana, Jessie Maliao y Masakit(Accused-Appellant)

  • G.R. No. 178205 - People of the Philippines v. Leo Quemeggen, Juanito De Luna

  • G.R. No. 178330 - Martin T. Sagarbarria v. Philippine Business Bank

  • G.R. No. 178490 - Commissioner of Internal Revenue v. Bank of the Philippine Islands

  • G.R. No. 178760 - Carmen B. Dy-Dumalasa v. Domingo Sabado S. Fernandez, et al.

  • G.R. NOS. 178831-32, G.R. No. 179120, G.R. NOS. 179132-33 and G.R. NOS. 179240-41 - Limkaichong v. Comission on Election

  • G.R. No. 178976 - Abelardo P. Abel v. Philex Mining Corporation represented by Fernando Agustin

  • G.R. No. 179061 - Sheala P. Matrido v. People of the Philippines

  • G.R. No. 179154 - People of the Philippines v. Roger Perez and Danilo Perez

  • G.R. No. 179177 - Carlos N. Nisda v. Sea Serve Maritime Agency, et al.

  • G.R. No. 179187 - People of the Philippines v. Renato Talusan y Panganiban

  • G.R. No. 179430 - Jamela Salic Maruhom v. Commssion on Elections and Mohammad Ali "Mericano" A. Abinal

  • G.R. No. 179271 and G.R. No. 179295 - BANAT v. Commission on Election

  • G.R. No. 179512 - Eagle Star Security Services, Inc. v. Bonifacio L. Mirando.

  • G.R. No. 179546 - Coca-Cola Bottlers Phils, Inc. v. Alan M. Agito, Regolo S. Oca III, et al.

  • G.R. No. 179653 - United Muslim and Christian Urban Poor Association, Inc., etc. v. BRYC-V Development Corporation, etc., et al.

  • G.R. No. 179674 - Pyro Coppermining Corporation v. Mines Adjudication Board-Department of Environment and Natural Resources, et al.

  • G.R. No. 179807 - Ramy Gallego v. Bayer Philippines, Inc., et al.

  • G.R. No. 179937 - The People of the Philippines v. Gerald Librea y Camitan

  • G.R. No. 180043 - Commissioner of Internal Revenue v. Philippine Airline, Inc. (PAL)

  • G.R. No. 180055 and G.R. No. 183055 - Franklin M. Drilon, et al. v. Hon. Jose de Venecia, Jr., et al.

  • G.R. No. 180066 - Commissioner of Internal Revenue v. Philippine Airlines, Inc.

  • G.R. No. 180458 - Development Bank of the Philippines v. Family Foods Manufacturing Co. Ltd. and Spouses Juliano and Catalina Centeno

  • G.R. No. 180465 - Eric Dela Cruz and Paul M. Lacuata v. Coca-Cola Bottlers Phils.

  • G.R. No. 180528 - Civil Service Commission v. Nelia O. Tahanlangit

  • G.R. No. 180568 - Lydia Montebon a.k.a. Jingle Montebon v. The Honorable Court of Appeals, et al.

  • G.R. No. 180675 - Virgilio Bote v. San Pedro Cineplex Properties Corporation

  • G.R. No. 181235 - Banco De Oro-EPCI, Inc. v. John Tansipek

  • G.R. No. 181393 - Grandteq Industrial Steel Products, Inc. and Abelardo M. Gonzales v. Edna Margallo

  • G.R. No. 181478 - Eddie T. Panlilio v. Commission on Elections and Lilia G. Pineda

  • G.R. No. 181531 - National Union of Workers in Hotels Restaurant and Allied Industries-Manila Pavilion Hotel Chapter v. Secretary of Labor and Employment, et al.

  • G.R. No. 182420 - People of the Philippines v. Elsie Barba

  • G.R .No. 182454 - People of the Philippines v. Felix Wasit

  • G.R. No. 182485 - Sps. Henry O and Pacita Cheng v. Sps. Jose Javier and Claudia Dailisan

  • G.R. No. 182567 - Guillermo M. Telmo v. Luciano M. Bustamante

  • G.R. No. 182687 - People of the Philippines v. Warlito Martinez

  • G.R. No. 182941 - Roberto Sierra y Caneda v. People of the Philippines

  • G.R. No. 183105 - Erna Casals, et al. v. Tayud Golf and Country Club, et al..

  • G.R. No. 183819 - People of the Philippines v. Arsenio Cortez y Macalindong a.k.a. "Archie"

  • G.R. No. 184586 - Rafael Flauta, Jr., et al. v. Commission on Elections, et al.

  • G.R. No. 184801 - Jonas Taguiam v. Commission on Election, et al.

  • G.R. No. 184948 - Cong. Glenn A. Chong, Mr. Charles Chong, and Mr. Romeo Arribe v. Hon. Philip L. Dela Cruz, et al.

  • G.R. No. 185035 - Government Service Insurance System v. Salvador A. De Castro

  • G.R. No. 185063 - Sps. Lita De Leon, et al. v. Anita B. De Leon, et al.

  • G.R. No. 185095 - Maria Susan L. Ra ola, et al. v. Spouses Fernando & Ma. Concepcion M. Ra ola

  • G.R. No. 185220 - Laguna Metts Corporation v. Court of Appeals, Aries C. Caalam and Geraldine Esguerra

  • G.R. No. 185389 - People of the Philippines v. Benjie Resurrection

  • G.R. No. 185401 - Henry "June" Due as, Jr. v. House of Representatives Electoral Tribunal and Angelito "Jett" P. Reyes

  • G.R. NO. 186007 and G.R. No. 186016 - Salvador Divinagracia, Jr. v. Commission on Elections and Alex A. Centena

  • G.R. No. 187152 - People of the Philippines v. Teodulo Villanueva, Jr.

  • UDK-14071 - Martin Gibbs Fletcher v. The Director of Bureau of Corrections or his representative

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    G.R. No. 165678 - Rosario Panuncio v. People of the Philippines

      G.R. No. 165678 - Rosario Panuncio v. People of the Philippines

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. NO. 165678 : July 17, 2009]

    ROSARIO S. PANUNCIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

    D E C I S I O N

    CARPIO, J.:

    The Case

    Before the Court is a Petition for Review assailing the 15 June 2004 Decision1 and 15 October 2004 Resolution2 of the Court of Appeals in CA-G.R. CR No. 25254.

    The Antecedent Facts

    On 3 August 1992, at about 4 o' clock in the afternoon, operatives of the Land Transportation Office (LTO) and the Special Mission Group Task Force Lawin of the Presidential Anti-Crime Commission (PACC) led by then Philippine National Police Superintendent Panfilo Lacson and Police Senior Inspector Cesar Ouano, Jr., armed with Search Warrant No. 581-92 issued by then Regional Trial Court Judge Bernardo P. Pardo, raided the residence of Rosario S. Panuncio (petitioner), a jeepney operator, at 204 E. Rodriguez, Sr. Avenue, Quezon City. The operatives confiscated LTO documents, 17 pieces of private vehicle plates, a copying machine, several typewriters, and other tools and equipment. One of the LTO documents confiscated was MVRR No. 63231478 issued to Manlite Transport Corporation (Manlite). The document was photographed during the raid while it was still mounted on one of the typewriters.

    Petitioner signed a certification of orderly search, together with Barangay Chairman Antonio Manalo (Manalo), petitioner's employee Myrna Velasco (Velasco), and one Cesar Nidua (Nidua). Petitioner, Manalo, Velasco, and Nidua also signed a Receipt of Property Seized issued by PO3 Manuel Nicolas Abuda. Petitioner and one Jaime L. Lopez (Lopez) were arrested and brought to the PACC.

    Juan V. Borra, Jr., Assistant Secretary for the LTO, Department of Transportation and Communications, who was representing his office, filed a complaint against petitioner for violation of Articles 171, 172, 176, and 315 of the Revised Penal Code (RPC), as amended; Presidential Decree No. 1730; Sections 31 and 56 of Republic Act No. 4136; and Batas Pambansa Blg. 43. Lopez was not charged since it was shown that he was only a visitor of the house when the raid took place. An Information for violation of Article 172(1) in relation to Article 171 of the RPC was filed against petitioner, thus:

    That on August 3, 1992 at about 4:00 p.m., accused ROSARIO PANUNCIO y SY, a private individual and owner/operator of a residence/

    office located at 204 E. Rodriguez Avenue, Quezon City, did, then and there, willfully, unlawfully and feloniously with intent to cause damage falsified the vital informations as appearing on Land Transportation Office (LTO) official receipt no. MVRR No. 63231478 dated July 31, 1992 changing the meaning of the document and causing the document to speak something false, when in truth and in fact, accused knew fully well that the document as falsified do not legally exist and is different from the official file of the LTO, to the prejudice of public interest.ςηαñrοblεš νιr υαl lαω lιbrαrÿ

    CONTRARY TO LAW.3

    Petitioner filed a motion for reinvestigation, which the Regional Trial Court of Quezon City, Branch 107 (trial court), granted in its order of 1 March 1993.4 The trial court gave the public prosecutor 20 days within which to submit his report on the reinvestigation. On 1 June 1994, the Department of Justice, through State Prosecutor Mario A.M. Caraos, submitted its Resolution5 recommending that petitioner be prosecuted for falsification. The trial court set the arraignment, and on 28 June 1994, petitioner entered a plea of not guilty. Thereafter, pre-trial and the trial of the case ensued.

    During the trial, a photocopy of the duplicate original of MVRR No. 63231478 dated 31 July 1992, which was a faithful reproduction of the document in LTO's file, was presented and compared with MVRR No. 63231478 confiscated from petitioner's residence. The following discrepancies were noted:

    As Per EDP/LTO File As Per Photocopy of Owner's Copy (recovered from petitioner's residence)
    File No. 4B-0476-20101 0478-50065
    Plate No. DFK 587 DEU 127
    Route Arroceros-Project 4,
    Quezon City via España
    Binangonan-Cubao via
    Marcos Highway and vice-versa
    Motor No. 179837 100002
    Serial No. SP-MM-12857-87-C MEL-3002-C
    Gross Weight 3,000 2,700
    Net Capacity 1,500 1,350
    Payment of 1992
    Renewal Registration
    P513 P468
    Owner Manlite Transport Co., Inc. Manlite Transport Co., Inc.
    Address 204 E. Rodriguez Ave.,
    Q.C.
    204 E. Rodriguez Ave.,
    Q.C.6

    Petitioner denied that she was the source of the falsified documents. She alleged that Manlite, which she used to co-own with her late husband, already stopped operating in April 1992 and her business was operating under the name Rosario Panuncio. She alleged that she was not at home when the raid took place, and when she returned home, the police authorities had already emptied her shelves and she was just forced to sign the search warrant, inventory receipt, and the certificate of orderly search. She further alleged that she was charged with falsification because she refused the police authorities' demand for money.

    The Decision of the Trial Court

    In its 2 September 1997 Decision,7 the trial court found petitioner guilty beyond reasonable doubt of the crime of falsification of a public document under Articles 171 and 172 of the RPC. The trial court ruled that the facts established by the prosecution were not substantially disputed by the defense. The trial court ruled that the raid yielded incriminatory evidence to support the theory that petitioner was engaged in falsifying LTO documents and license plate registration receipts. The dispositive portion of the trial court's Decision reads:

    WHEREFORE, the prosecution having proven the guilt of the accused beyond reasonable doubt, the accused is found guilty as charged with the crime of Falsification of Public Document under Art. 171 and Art. 172 of the Revised Penal Code which carries the penalty of prision correccional in its medium and maximum period and a fine of not more than P5,000.00. Applying the Indeterminate Sentence Law, accused Rosario Panuncio y Sy is hereby sentenced to suffer the penalty of imprisonment of Six (6) Months and One (1) Day of arresto mayor as minimum to FOUR (4) Years or prision correccional as maximum, and a fine of P2,000.00 with subsidiary imprisonment in case of insolvency. Without costs.

    SO ORDERED.8

    Petitioner appealed from the trial court's Decision.

    The Decision of the Court of Appeals

    In its 15 June 2004 Decision, the Court of Appeals affirmed the trial court's Decision with modification. The Court of Appeals held that petitioner committed falsification of a public document. The Court of Appeals ruled that the search warrant did not suffer from any legal infirmity because the items to be seized were already specified and identified in the warrant. The Court of Appeals declared that the court's designation of the place to be searched and the articles to be seized left the police authorities with no discretion, ensured that unreasonable searches and seizures would not take place and abuses would be avoided. The Court of Appeals further ruled that the Rules of Court do not require that the owner of the place to be searched be present during the conduct of the raid. The Court of Appeals noted that the search was conducted not only in the presence of petitioner but also in the presence of Manalo, Velasco, and Nidua.

    The dispositive portion of the Decision of the Court of Appeals reads:

    WHEREFORE, the judgment of conviction rendered by the trial court against accused-appellant Rosario Panuncio y Sy is AFFIRMED, but with the MODIFICATION that she should be, as she hereby is, sentenced to serve an indeterminate penalty of two (2) years and four (4) months of prision correccional as minimum to six (6) years of prision correccional as maximum. No pronouncement as to costs.

    SO ORDERED.9

    Petitioner filed a motion for reconsideration. In its 15 October 2004 Resolution, the Court of Appeals denied the motion.

    Hence, the petition before this Court.

    The Issues

    Petitioner raises the following issues:

    1. Whether the elements of falsification of a public document under Article 172(1) in relation to Article 171 of the RPC have been established;

    2. Whether the search was regularly conducted;

    3. Whether the evidence gathered during the search are admissible in evidence; andcralawlibrary

    4. Whether the Court of Appeals properly applied the Indeterminate Sentence Law (ISL).

    The Ruling of this Court

    The petition has no merit.

    Falsification of Public Documents

    At the outset, petitioner argues that the Information was defective because it did not specifically mention the provision that she violated. As such, she was not informed of the specific violation for which she was held liable.

    We cannot sustain petitioner's argument. Petitioner failed to raise the issue of the defective information before the trial court through a motion for bill of particulars or a motion to quash the information. Petitioner's failure to object to the allegation in the information before she entered her plea of not guilty amounted to a waiver of the defect in the information.10 Objections as to matters of form or substance in the information cannot be made for the first time on appeal.11

    Falsification of documents under paragraph 1, Article 17212 in relation to Article 17113 of the RPC refers to falsification by a private individual, or a

    public officer or employee who did not take advantage of his official position, of public, private, or commercial documents.14 The elements of falsification of documents under paragraph 1, Article 172 of the RPC are:

    (1) that the offender is a private individual or a public officer or employee who did not take advantage of his official position;

    (2) that he committed any of the acts of falsification enumerated in Article 171 of the RPC; andcralawlibrary

    (3) that the falsification was committed in a public, official or commercial document.15

    In this case, petitioner is a private individual. MVRR No. 63231478, denominated as LTO Form No. 2, is an official document issued by the LTO. It is the owner's copy of the Official Receipt of the payment of the vehicle's registration fee. Petitioner falsified the owner's copy of MVRR No. 63231478 by making it appear that it was an owner's copy issued to a vehicle of Manlite with Plate No. DEU 127 when in the LTO's files, it was issued to a vehicle of Manlite with Plate No. DFK 587. The discrepancies between the document in LTO's files and the document confiscated in petitioner's house were duly noted by the trial court and remained undisputed. The alteration made by petitioner changed the meaning of the document within the context of Article 171(6) of the RPC which punishes as falsification the making of "any alteration or intercalation in a genuine document which changes its meaning."

    Petitioner argues that MVRR No. 63231478 was not found in her possession and that it was not proved that she had participation in the criminal act. The Court disagrees with petitioner. The falsified copy of MVRR No. 63231478 was found during a valid search conducted in petitioner's residence. It was issued in the name of Manlite which petitioner admitted as co-owned by her together with her late husband. Thus, there is a presumption that she falsified it and she was using it for her benefit. The falsified document, purportedly issued in the name of Manlite, could be used for another vehicle operated by Manlite to make it appear that it was validly registered with the LTO. In this case, the original document in LTO's files was issued to a Manlite vehicle with Plate No. DFK 587 plying Arroceros-Project 4, Quezon City via España. The falsified document was purportedly issued to a Manlite vehicle with Plate No. DEU 127 plying Binangonan-Cubao via Marcos Highway.

    Petitioner further argues that only a photocopy of the purported owner's copy was presented to the trial court and there could be no falsification of a mere photocopy.

    Again, we do not agree with petitioner. It has been established that there is a genuine copy of MVRR No. 63231478 in the LTO's files and the owner's copy of it was in petitioner's possession. The original copy of MVRR No. 63231478 was not presented during the trial because petitioner kept it in her possession. However, it has been established during the trial that as per usual practice, the owner's copy is usually photocopied and it is the photocopy which is usually kept inside the vehicle.16 As pointed out by the Solicitor General, the presentation of a mere photocopy of the document to any traffic enforcer is enough to convince the traffic enforcer that the public vehicle was validly and lawfully registered. The fact remains that LTO Form No. 2, which petitioner falsified, is a genuine and public document.ςηαñrοblεš νιr υαl lαω lιbrαrÿ

    Validity of the Search and Admissibility of the Articles Seized

    Petitioner assails the validity of the search which was allegedly conducted while she was not in the house. Petitioner alleges that since the search warrant was defective, the items seized during the search could not be used in evidence against her.

    We will discuss these issues together.

    Section 8, Rule 126 of the Rules of Court provides:

    SEC. 8. Search of house, room, or premises, to be made in presence of two witnesses - No search of a house, room, or any other premise shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.

    Even assuming that petitioner or any lawful occupant of the house was not present when the search was conducted, the search was done in the presence of at least two witnesses of sufficient age and discretion residing in the same locality. Manalo was the barangay chairman of the place while Velasco was petitioner's employee.17 Petitioner herself signed the certification of orderly search when she arrived at her residence. Clearly, the requirements of Section 8, Rule 126 of the Rules of Court were complied with by the police authorities who conducted the search. Further, petitioner failed to substantiate her allegation that she was just forced to sign the search warrant, inventory receipt, and the certificate of orderly search. In fact, the records show that she signed these documents together with three other persons, including the barangay chairman who could have duly noted if petitioner was really forced to sign the documents against her will.

    Articles which are the product of unreasonable searches and seizures are inadmissible as evidence pursuant to Article III, Section 3(2) of the Constitution.18 However, in this case, we sustain the validity of the search conducted in petitioner's residence and, thus, the articles seized during the search are admissible in evidence against petitioner.

    Application of the ISL

    Falsification of a public document by a private individual under Article 172(1) in relation to Article 171 of the RPC is punishable by prision correccional in its medium and maximum periods, which ranges from two years, four months and one day to six years, and a fine of not more than P5,000. Applying the ISL, petitioner may be sentenced to an indeterminate penalty the minimum of which must be within the range of arresto mayor in its maximum period to prision correccional in its minimum period, or four months and one day to two years and four months.

    In this case, the Court of Appeals sentenced petitioner to serve an indeterminate penalty of two years and four months of prision correccional as minimum to six years of prision correccional as maximum. There being no mitigating or aggravating circumstances, we deem it proper in this case to lower the maximum penalty imposed by the Court of Appeals from six years to four years, nine months and eleven days of prision correccional. Further, the penalty for falsification of a public document under Article 172(1) in relation to Article 171 of the RPC includes a fine of not more than P5,000 which the Court of Appeals failed to impose. Hence, we also modify the penalty to include the fine.

    WHEREFORE, we DENY the petition. We AFFIRM with MODIFICATION the 15 June 2004 Decision and 15 October 2004 Resolution of the Court of Appeals in CA-G.R. CR No. 25254. We find petitioner Rosario S. Panuncio guilty beyond reasonable doubt of the crime of falsification of a public document under Article 172(1) in relation to Article 171 of the Revised Penal Code and hereby sentence her to suffer the indeterminate penalty of IMPRISONMENT from two years and four months of prision correccional as minimum to four years, nine months and eleven days of prision correccional as maximum and to pay a FINE of P3,000.

    Costs against petitioner.

    SO ORDERED.


    Endnotes:


    1 Rollo, pp. 35-50. Penned by Associate Justice Mariano C. Del Castillo with Associate Justices Roberto A. Barrios and Magdangal M. De Leon, concurring.

    2 Id. at 76.

    3 Records, p. 1.

    4 Id. at 33.

    5 Id. at 39-42.

    6 Id. at 318.

    7 Rollo, pp. 29-34. Penned by Judge Marcelino F. Bautista, Jr.

    8 Id. at 33-34.

    9 Id. at 49.

    10 People v. Almendral, G.R. No. 126025, 6 July 2004, 433 SCRA 440.

    11 Id.

    12 Art. 172. Falsification by private individuals and use of falsified documents. - The penalty of prision correccional in its medium and maximum periods and a fine of not more than 5,000 pesos shall be imposed upon:

    1. Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; andcralawlibrary

    2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article.

    Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree.

    13 ART. 171. Falsification by public officer, employee or notary or ecclesiastic minister. - The penalty of prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:

    1. Counterfeiting or imitating any handwriting, signature or rubric;

    2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;

    3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;

    4. Making untruthful statements in a narration of facts;

    5. Altering true dates;

    6. Making any alteration or intercalation in a genuine document which changes its meaning;

    7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy of a statement contrary to, or different from, that of the genuine original; or

    8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

    The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons.

    14 Santos, Jr. v. People, G.R. No. 167671, 8 September 2008, 564 SCRA 60, 65.

    15 Id.

    16 TSN, Menelia Mortel, 29 August 2005, p. 19.

    17 In her testimony, petitioner denied that Velasco was her employee although she admitted that Velasco used to work for her. Petitioner also admitted that Velasco is her neighbor. TSN, 11 March 1997, p. 7.

    18 People v. Sarap, 447 Phil. 642 (2003). Sections 2 and 3, Article III of the 1987 Constitution provide:

    Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

    Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

    (2) Any evidence obtained in violation of this or the preceding sectionshall be inadmissible for any purpose in any proceeding.

    G.R. No. 165678 - Rosario Panuncio v. People of the Philippines


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