ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
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

  •  





     
     

    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. 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)

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. NO. 178058 : July 31, 2009]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JESSIE MALIAO y MASAKIT, NORBERTO CHIONG y DISCOTIDO and LUCIANO BOHOL y GAMANA, Accused,

    JESSIE MALIAO y MASAKIT, Accused-Appellant.

    D E C I S I O N

    QUISUMBING, J.:

    For automatic review before this Court is the Decision1 dated August 2, 2006 of the Court of Appeals in CA-G.R. CR.-H.C. No. 01299 affirming with modification the Decision2 dated January 29, 2003 of the Regional Trial Court (RTC) of Olongapo City, Branch 75. The trial court had found accused Norberto Chiong, Luciano Bohol, and accused-appellant Jessie Maliao guilty beyond reasonable doubt as principals of the crime of rape with homicide.ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    In a Second Amended Information3 dated April 28, 1998, Jessie Maliao, Norberto Chiong, and Luciano Bohol were charged of the crime of rape with homicide before the RTC of Olongapo City, as follows:

    That on or about the seventeenth (17th) day of March, 1998, in the City of Olongapo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and mutually helping one another, with lewd design, and by means of force, violence or intimidation applied upon the person of one AAA,4 a minor who is six (6) years of age, did then and there willfully, unlawfully and feloniously have carnal knowledge with said AAA, and in pursuance of their conspiracy and acting simultaneously or otherwise, and with the qualifying circumstances of treachery, [evident] premeditation and taking advantage of their superior number and strength to the said victim who is a minor and of tender age and with intent to kill, did then and there willfully, unlawfully and feloniously assault, attack, strangle and hit with a wooden stool said AAA which directly caused her death shortly thereafter, to the damage and prejudice of the parents of said AAA.

    CONTRARY TO LAW.5

    During arraignment on May 26, 1998, Maliao, Chiong and Bohol pleaded not guilty.6 Thereafter, trial proceeded.

    The prosecution presented the oral testimonies of Dr. Ronaldo Mendez, Senior Medico-Legal Officer of the National Bureau of Investigation (NBI), Dennis Alonzo, SPO2 Norberto Maninang, Jr., SPO3 Orlando Reyes, NBI Forensic Biologist I Pet Byron Buan, Atty. Alreuela Bundang Ortiz, Danilo Agrabio, Armando Tadeo, and Roel Santos. It also presented the testimonies of BBB and CCC, AAA's mother and grandaunt, respectively. The defense presented the testimony of accused Jessie Maliao.

    The facts, culled from the records, are as follows:

    AAA was born on December 21, 1991.7 She was the daughter of BBB and DDD who reside at Block 12, Lot 6, Gordon Heights, Olongapo City.8

    AAA left her house at about 8:00 p.m. on March 17, 1998 to watch a television show in the adjacent house of her grandaunt, CCC. She was then wearing a white blouse, as testified to by BBB, her mother. Both BBB and CCC subsequently left to go to a mini-carnival. When CCC returned to her house, AAA was no longer there. When BBB and her husband, DDD, returned home, AAA was not yet in the house. The spouses looked for AAA in their neighborhood but they did not find her.9

    At about noontime of the following day, March 18, 1998, the naked and lifeless body of AAA was found between two banana plants in a vacant lot near her house. The matter was reported to the police authorities of Precinct 5, Sta. Rita, Olongapo City. An investigation was conducted by the police authorities and a cartographic sketch of the suspect was prepared by an artist of the NBI.10

    On March 21, 1998, the desk officer of Police Precinct 5 received a telephone call from a concerned citizen reporting that a bloodstained shirt was found in a vacant lot which was being used as a carnival. SPO2 Norberto Maninang, Jr., SPO4 Bonifacio Chavez and SPO2 Godofredo Ducut proceeded to the area and they found the t-shirt hanging on a plant. A police officer called for BBB, the mother of AAA, and she identified the t-shirt as the one worn by AAA in the evening of March 17, 1998. As the police officers were conducting an investigation in the area, SPO2 Maninang noticed a man who looked like the person in the cartographic sketch which he was carrying at the time. The police officers arrested the man who turned out to be accused-appellant Jessie Maliao. Upon interrogation, Maliao told the police officers that he was bothered by his conscience.11

    On March 21, 1998, Maliao executed an extrajudicial confession before SPO3 Orlando C. Reyes. Before proceeding with the investigation, SPO3 Reyes advised Maliao of his constitutional rights in the presence of Atty. Areuela Bundang Ortiz. Maliao declared that he went home at about 10:00 p.m. of March 17, 1998 after having a drinking session with accused Bohol and Chiong and several others. After twenty minutes, Bohol and Chiong, together with AAA, arrived in his house and they asked him if he still wanted to drink but he declined the invitation. Bohol, Chiong and AAA then entered his house. He narrated he went out of his house because he did not want to drink anymore. But when he heard a groan, he went back inside his house and saw Bohol on top of AAA who was already naked while Chiong was seated on the wooden bed watching. When Bohol stood up, Chiong laid on top of AAA. Maliao confessed he just stood beside a cabinet and masturbated. He then watched Chiong stand up, take a small stool and use it to hit AAA on the chest and head. Bohol and Chiong then carried the bloodied body of AAA and told him to clean the room. He wiped the bloodstains in the room, on the clothes of AAA, and on the wooden bed and small stool. He threw the t-shirt of AAA at the lot behind his house and placed her short pants inside a sack which contained garbage. He also threw the curtains he used in wiping bloodstains at his house and hid the small stool. He did not know where Bohol and Chiong brought the body of AAA but was aware that the body was found the following day in a vacant lot in front of his house. After AAA was found, Bohol approached him and told him not to say anything or else he would be killed. He saw Chiong standing near a store. Maliao identified the t-shirt, curtains, small stool and wooden bench and human figures representing Bohol and AAA while the former was on top of the latter.12

    Dr. Ronaldo B. Mendez, Medico-Legal Officer of the NBI, performed the autopsy on the body of AAA on March 20, 1998. He stated in his autopsy report that AAA's cause of death was traumatic head injury.13 He testified that AAA sustained numerous abrasions and contusions on different parts of her body, hematoma on the forehead and scalp, fractures on the skull and complete laceration of her hymen at the 3 o'clock and 6 o'clock positions.14

    After the prosecution rested its case, the accused Bohol and Chiong filed a Motion for Express Leave of Court to File Judgment on Demurrer which the RTC denied.

    Among the accused, only Maliao put up a defense.

    On January 29, 2003, the RTC rendered a decision finding all the accused guilty beyond reasonable doubt and sentenced them to suffer three death penalties, as follows:

    WHEREFORE, finding all accused guilty beyond reasonable doubt as charged, this Court hereby sentences them each to suffer three (3) death penalties. They are further ordered jointly and severally to indemnify in the amount of P100,000.00 - the heirs of the victim; P100,000.00 for moral damages and to pay the costs of the proceedings.

    SO ORDERED.15

    Pursuant to People v. Mateo,16 this case was first referred to the Court of Appeals for appropriate action and disposition.

    The Court of Appeals, in a Decision dated August 2, 2006, affirmed with modification the decision of the RTC by finding accused Maliao guilty not as principal but as an accomplice to the crime as well as modifying the damages awarded. The dispositive portion of the decision reads:

    WHEREFORE, the Decision appealed from is AFFIRMED with MODIFICATION, by finding accused-appellants Norberto Chiong y Discotido and Luciano Bohol y Gamana guilty as principals in the crime of rape with homicide and sentencing each of them to two (2) reclusion perpetua, and finding accused-appellant Jessie Maliao y Masakit guilty as accomplice in the same crime and sentencing him to an indeterminate penalty of EIGHT (8) YEARS and ONE (1) DAY of prision mayor, as minimum, to FOURTEEN (14) YEARS, EIGHT (8) MONTHS and ONE (1) DAY of reclusion temporal, as maximum.

    The accused-appellants are further ORDERED to pay the heirs of AAA the amounts of P200,000.00 as civil indemnity, P200,000.00 as moral damages and P50,000.00 as exemplary damages, with the principals being solidarily liable for P150,000.00 as civil indemnity, P150,000.00 as moral damages and P35,000.00 as exemplary damages and subsidiarily for the accomplice, and the accomplice being liable for P50,000.00 as civil indemnity, P50,000.00 as moral damages and P15,000[.]00 as exemplary damages and subsidiarily for the civil liability of the principals.

    SO ORDERED.17

    From the Court of Appeals, the case was then elevated to this Court for automatic review. In separate Manifestations, appellee, through the Office of the Solicitor General (OSG), and appellant Maliao, through the Public Attorney's Office (PAO), informed the Court that they were no longer filing supplemental briefs and will merely adopt their briefs before the Court of Appeals as their supplemental briefs.

    Accused-appellant Maliao raises the following issues:

    I.

    THE COURT A QUO GRAVELY ERRED IN FINDING THAT THE GUILT OF THE ACCUSED-APPELLANT FOR THE CRIME CHARGED HAS BEEN PROVEN BEYOND REASONABLE DOUBT.

    II.

    THE COURT A QUO GRAVELY ERRED IN ADMITTING IN EVIDENCE THE ALLEGED EXTRAJUDICIAL CONFESSION OF THE ACCUSED-APPELLANT.

    III.

    THE COURT A QUO GRAVELY ERRED IN FINDING THAT THERE WAS CONSPIRACY IN THE CASE AT BAR.18

    The only issue to be resolved is: Was accused-appellant Maliao's guilt as accomplice in the crime of rape with homicide proven beyond reasonable doubt?cralawred

    The appeal, in our view, lacks merit. Appellant Maliao's conviction as accomplice in the crime of rape with homicide must be sustained.

    The Court of Appeals correctly held that despite the inadmissibility of his extrajudicial confession, Maliao is not entitled to an acquittal. Citing People v. Culala,19 the Court of Appeals rightfully noted that the extrajudicial confession of an accused who was assisted by a Municipal Attorney during the custodial investigation is not admissible in evidence because the latter cannot be considered an independent attorney.20 ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    However, in spite of the inadmissibility of his extrajudicial confession, Maliao is not entitled to an acquittal because when he testified on cross-examination, he admitted that all the answers he gave to the questions propounded on him by the police investigator are true and correct of his own personal knowledge.

    On cross-examination, Maliao implicitly admitted, to wit:

    Q: Now, in this sketch[,] there is a figure, who made this sketch?cralawred

    A: [(Maliao)]: I, myself, sir.

    Q: And also there is [the] name AAA nakahiga, who wrote [these] words?cralawred

    A: Me, sir.

    Q: And the other human figure, thereof there appears an arrow pointed to Luciano - nakadapa, who wrote these words?cralawred

    A: I was the one, sir.

    Q: And there is also a word "papag" who wrote this?cralawred

    A: I, sir.

    Q: And you also sketch[ed] the papag?cralawred

    A: Yes, sir.

    Q: Will you please explain to us why you said Luciano - nakadapa and AAA - nakahiga?cralawred

    A: Because I have seen [the] incident in my house.

    Q: So, you saw Luciano on top of AAA?cralawred

    ATTY. ABELLERA:

    Objection, the description is nakadapa not on top, your honor.

    Q: So, when you said Luciano - nakadapa, Luciano was on top of AAA?cralawred

    A: Yes, sir.

    Q: Now, where were you in this sketch if you will be required to point your distance from Luciano and AAA when you saw them in that specific position?cralawred

    A: I was beside the aparador, sir.

    Q: More or less how many f[ee]t or meters?cralawred

    A: Around 1 '-arm leng[th].

    Q: You testified that you have several companions in having a drinking spree?cralawred

    A: Yes, sir.

    Q: And eventually you left your house together with certain persons, who are these persons?cralawred

    A: Luciano Bohol and Norberto Chiong, sir.

    Q: And [the] two co-accused of yours arrived with a girl?cralawred

    A: Yes, sir.

    Q: And then after the incident happened and during the investigation, you depicted that in your sketch the persons of AAA and Luciano Bohol?cralawred

    A: Yes, sir.

    Q: Now, in all events that happened in your house, you want to impress the court that you have nothing to do with the incident?cralawred

    A: None, sir.

    Q: Now, you pinpointed Norberto Chiong what was he doing at that time?cralawred

    A: He was just inside our house.

    Q: What do you mean inside the house was it together with Luciano Bohol and AAA?cralawred

    A: He was with Luciano Bohol and AAA.

    x x x

    Q: So who brought AAA to your house?cralawred

    A: Luciano Bohol and Norberto Chiong, sir.

    Q: So what did you do when you saw the scene that Luciano was on top of AAA?cralawred

    ATTY. ABELLERA:

    Objection, your honor.

    Q: Were you the one who lead the Police Investigator to recover the wooden stool?cralawred

    A: Yes, sir.

    Q: Were you the one who lead the Police to recover the t-shirt worn by AAA?cralawred

    A: No, sir.

    Q: What about some pieces of clothes?cralawred

    A: Yes, sir.

    Q: Why did you lead the Police to recover [the] pieces of clothes?cralawred

    A: Because they told me to help them, sir.

    Q: And where did you find [the] pieces of clothes?cralawred

    A: The pieces of clothes were recovered at the other side of the fence.

    Q: The fence of your house?cralawred

    A: Yes, sir.

    Q: Do you know who [threw] [the] pieces of clothes at the fence?cralawred

    A: Yes, sir. I, myself.

    Q: Why did you throw [the] pieces of clothes?cralawred

    A: Because of my fear, sir.

    Q: And [those were] the clothes worn by AAA during that time?cralawred

    A: Yes, sir.

    Q: What time were you investigated by Police Investigator Reyes?cralawred

    A: Around 11 or 12:00, sir.

    Q: But the final investigation was only terminated at around 4:30 p.m.?cralawred

    A: Yes, sir.

    Q: And it was the time when Atty. Bundang arrived?cralawred

    A: Atty. Bundang arrived at around 5 to 6 and it was already dark, sir.

    Q: Mr. Jessie Maliao, is it not a fact that before the commencement of the investigation, you asked the Police Officer to call Atty. Alinea [who] [was] the best friend of your father when he was in [the] mines?cralawred

    A: Yes, sir.

    ATTY. ALINEA:

    No more questions.

    ATTY. ABELLERA:

    Q: Mr. [W]itness, you said that you were the one who lead the Police to recover the stool of AAA and this was recovered near your place, is that correct?cralawred

    A: Yes, sir.

    Q: And did you go with them when you recovered those clothes?cralawred

    A: Yes, sir.

    Q: And when you went to that place do you know [who your companions were]?cralawred

    A: Yes, sir.

    Q: And when you went to that place do you know [who your companions were]?cralawred

    A: Yes, sir.

    Q: Who are they?cralawred

    A: Maninang, delos Reyes, Ducot and other Police Officers, sir.

    Q: Were you accompanied by Atty. Ortiz in going to that place?cralawred

    A: No, sir.

    ATTY. ABELLERA:

    That's all, your honor.

    COURT:

    Q: During the incident subject matter of this case, you [stated] that [the blood were] scattered in your house?cralawred

    A: Yes, sir.

    Q: And you were the one who wiped it off?cralawred

    A: Yes, sir.

    Q: And [you] used the curtains in wiping it off?cralawred

    A: Yes, sir.

    Q: And were those curtains included when [you] pointed the wooden stool to the Police?cralawred

    A: Yes, sir.21

    Section 4, Rule 129 of the Revised Rules of Court on Evidence provides that an admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. Maliao admitted he saw Bohol and Chiong rape AAA; that Chiong picked up a wooden stool and hit AAA with it on the chest and head; that Bohol and Chiong carried the bloodied body of AAA, instructed him to clean the floor and then they went out of the house; that he cleaned the room by wiping the bloodstains; and that he threw the t-shirt of AAA, placed the latter's short pants inside a sack containing garbage, threw the curtains which he used in wiping the bloodstains, and hid the wooden stool. He likewise admitted that he led the police officers to the place where he threw the pieces of clothes which he used in wiping the bloodstains in his house and that he accompanied the police officers to his house and pointed to them the wooden stool which he hid.

    To hold a person liable as an accomplice, two elements must concur: (1) community of design, which means that the accomplice knows of, and concurs with, the criminal design of the principal by direct participation; and (2) the performance by the accomplice of previous or simultaneous acts that are not indispensable to the commission of the crime.22 In this case, Maliao facilitated the commission of the crime by providing his own house as the venue thereof. His presence throughout the commission of the heinous offense, without him doing anything to prevent the malefactors or help the victim, indubitably show community of design and cooperation, although he had no direct participation in the execution thereof.

    Having admitted his involvement in the crime and considering the weave of evidence presented by the prosecution, seamlessly linking Maliao's participation in the heinous offense, as elucidated by the autopsy report and testimonies of other prosecution witnesses, no doubt can be entertained as to Maliao's guilt. Beyond reasonable doubt, he is guilty as accomplice to the crime of rape with homicide.

    WHEREFORE, the Decision dated August 2, 2006 of the Court of Appeals in CA-G.R. CR.-H.C. No. 01299, including the sentence of guilt and the penalty imposed on accused-appellant Jessie Maliao, is hereby AFFIRMED. Costs de oficio.

    SO ORDERED.


    Endnotes:


    * Designated member of the Second Division per Special Order No. 658.

    ** Designated member of the Second Division per Special Order No. 635.

    *** Designated member of the Second Division per Special Order No. 664.

    1 CA rollo, pp. 134-154. Penned by Associate Justice Marina L. Buzon, with Associate Justices Regalado E. Maambong and Lucenito N. Tagle concurring.

    2 Id. at 75-82. Penned by Judge Avelino A. Lazo.

    3 Records, pp. 41-42.

    4 Consistent with the Court's decision in People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419, the real name of the rape victim is withheld and, instead, fictitious initials are used to represent her. The identities of her immediate family are likewise not disclosed in this decision.

    5 Id. at 41.

    6 Id. at 55.

    7 Id. at 237.

    8 Id.

    9 CA rollo, p. 136.

    10 Id.

    11 Id. at 136-137.

    12 Id. at 137-138.

    13 Records, p. 255.

    14 TSN, March 17, 1999, p. 8.

    15 CA rollo, p. 82.

    16 G.R. NOS. 147678-87, July 7, 2004, 433 SCRA 640.

    17 CA rollo, pp. 153-154.

    18 Id. at 63.

    19 G.R. No. 83466, October 13, 1999, 316 SCRA 582.

    20 Id. at 591.

    21 TSN, November 16, 2000, pp. 32-38.

    22 People v. Cachola, G.R. NOS. 148712-15, January 21, 2004, 420 SCRA 520, 525.

    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)


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED