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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
 

   
August-2011 Jurisprudence                 

  • [G.R. No. 146206 : August 01, 2011] SAN MIGUEL FOODS, INCORPORATED, PETITIONER, VS. SAN MIGUEL CORPORATION SUPERVISORS AND EXEMPT UNION, RESPONDENT.

  • [G.R. No. 172110 : August 01, 2011] MINDA VILLAMOR, APPELLEE, VS. PEOPLE OF THE PHILIPPINES, APPELLANT. [G.R. NO. 181804] GLICERIO VIOS, JR., APPELLEE, VS. PEOPLE OF THE PHILIPPINES, APPELLANT.

  • [G.R. No. 171569 : August 01, 2011] UNION BANK OF THE PHILIPPINES, PETITIONER, VS. ALAIN* JUNIAT, WINWOOD APPAREL, INC., WINGYAN APPAREL, INC., NONWOVEN FABRIC PHILIPPINES, RESPONDENTS.

  • [A.M. No. P-11-2896 [Formerly OCA I.P.I. No. 08-2977-P] : August 02, 2011] PROSERPINA V. ANICO, COMPLAINANT, VS. EMERSON B. PILIPIÑA, SHERIFF IV, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, MANILA, RESPONDENT.

  • [G.R. No. 188086 : August 03, 2011] FRANCIS BELLO, REPRESENTED HEREIN BY HIS DAUGHTER AND ATTORNEY-IN-FACT, GERALDINE BELLO-ONA, PETITIONER, VS. BONIFACIO SECURITY SERVICES, INC. AND SAMUEL TOMAS, RESPONDENTS.

  • [G.R. No. 182237 : August 03, 2011] THE PEOPLE OF THE PHILIPPINES, APPELLEE, VS. TERENCIO FUNESTO Y LLOSPARDAS, APPELLANT.

  • [G.R. No. 169901 : August 03, 2011] PHILIPPINE NATIONAL BANK, PETITIONER, VS. CIRIACO JUMAMOY AND HEIRS OF ANTONIO GO PACE, REPRESENTED BY ROSALIA PACE, RESPONDENTS.

  • [G.R. No. 191995 : August 03, 2011] PHILIPPINE VETERANS BANK, PETITIONER, VS. JUSTINA CALLANGAN, IN HER CAPACITY AS DIRECTOR OF THE CORPORATION FINANCE DEPARTMENT OF THE SECURITIES AND EXCHANGE COMMISSION AND/OR THE SECURITIES AND EXCHANGE COMMISSION, RESPONDENT.

  • [G.R. No. 179344 : August 03, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDGARDO FERMIN Y GREGORIO AND JOB MADAYAG, JR., Y BALDERAS, ACCUSED-APPELLANTS.

  • [G.R. No. 183018 : August 03, 2011] ADVENT CAPITAL AND FINANCE CORPORATION, PETITIONER, VS. ROLAND YOUNG, RESPONDENT.

  • [G.R. No. 177816 : August 03, 2011] NIPPON HOUSING PHIL. INC., AND/OR TADASHI OTA, HOROSHI TAKADA, YUSUHIRO KAWATA, MR. NOBOYUSHI AND JOEL REYES PETITIONERS, VS. MAIAH ANGELA LEYNES, RESPONDENT.

  • [G.R. Nos. 174507-30 : August 03, 2011] ATTY. EMELITA H. GARAYBLAS AND ATTY. RENATO G. DE LA CRUZ, PETITIONERS, VS. THE HON. GREGORY ONG, HON. JOSE HERNANDEZ AND HON. RODOLFO PONFERRADA, AS CHAIRMAN & MEMBERS, RESPECTIVELY, 4TH DIVISION, SANDIGANBAYAN; AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 184454 : August 03, 2011] CO GIOK LUN, AS SUBSTITUTED BY HIS LEGAL HEIRS NAMELY: MAGDALENA D. CO, MILAGROS D. CO, BENJAMIN D. CO, ALBERT D. CO, ANGELITA C. TENG, VIRGINIA C. RAMOS, CHARLIE D. CO, AND ELIZABETH C. PAGUIO, PETITIONERS, VS. JOSE CO, AS SUBSTITUTED BY HIS LEGAL HEIRS NAMELY: ROSALINA CO, MARLON CO, JOSEPH CO, FRANK CO, ANTONIO CO, NELSON CO, ROLAND CO, JOHNSON CO, CORAZON CO, ADELA CO, SERGIO CO, PAQUITO CO, JOHN CO, NANCY CO, AND TERESITA CO, RESPONDENTS.

  • [G.R. No. 194031 : August 08, 2011] JOBEL ENTERPRISES AND/OR MR. BENEDICT LIM, PETITIONERS, VS. NATIONAL LABOR RELATIONS COMMISSION (SEVENTH DIVISION, QUEZON CITY) AND ERIC MARTINEZ, SR., RESPONDENTS.

  • [G.R. No. 152141 : August 08, 2011] CORNELIO DEL FIERRO, GREGORIO DEL FIERRO, ILDEFONSO DEL FIERRO, ASUNCION DEL FIERRO, CIPRIANO DEL FIERRO, MANUELA DEL FIERRO, AND FRANCISCO DEL FIERRO PETITIONERS, VS. RENE SEGUIRAN, RESPONDENT.

  • [G.R. No. 169510 : August 08, 2011] ATOK BIG WEDGE COMPANY, INC., PETITIONER, VS. JESUS P. GISON, RESPONDENT.

  • [G.R. No. 187858 : August 09, 2011] THE CIVIL SERVICE COMMISSION, PETITIONER, VS. RICHARD G. CRUZ, RESPONDENT.

  • [G.R. No. 167398 : August 09, 2011] AUGUSTUS GONZALES AND SPOUSES NESTOR VICTOR AND MA. LOURDES RODRIGUEZ, PETITIONERS, VS. QUIRICO PE, RESPONDENT.

  • [G. R. No. 195953 : August 09, 2011] CERIACO BULILIS, PETITIONER, VS. VICTORINO NUEZ, HON. PRESIDING JUDGE, 6TH MCTC, UBAY, BOHOL, HON. PRESIDING JUDGE, RTC, BRANCH 52, TALIBON, BOHOL, RESPONDENTS.

  • [G.R. No. 185352 : August 10, 2011] COASTAL SAFEWAY MARINE SERVICES INC., PETITIONER, VS. ELMER T. ESGUERRA, RESPONDENT.

  • [G.R. No. 193188 : August 10, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JUANITO APATTAD, ACCUSED-APPELLANT.

  • [G.R. No. 187536 : August 10, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MICHAEL BOKINGO ALIAS "MICHAEL BOKINGCO" AND REYNANTE COL, ACCUSED-APPELLANTS.

  • [G.R. No. 176008 : August 10, 2011] METROPOLITAN BANK AND TRUST COMPANY, SUBSTITUTED BY MERIDIAN (SPV-AMCI) CORPORATION, PETITIONER, VS. INTERNATIONAL EXCHANGE BANK, RESPONDENT. [G.R. NO. 176131] CHUAYUCO STEEL MANUFACTURING, PETITIONER, VS. INTERNATIONAL EXCHANGE BANK (NOW UNION BANK OF THE PHILIPPINES), RESPONDENT.

  • [G.R. No. 174926 : August 10, 2011] AMERICAN HOME INSURANCE CO. OF NEW YORK, PETITIONER, VS. F.F. CRUZ & CO., INC., RESPONDENT.

  • [G.R. No. 176350 : August 10, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. JHON-JHON ALEJANDRO Y DELA CRUZ @ "NOGNOG," APPELLANT.

  • [G.R. No. 186487 : August 15, 2011] ROSITO BAGUNU, PETITIONER, VS. SPOUSES FRANCISCO AGGABAO & ROSENDA ACERIT, RESPONDENTS.

  • [G.R. No. 182178 : August 15, 2011] STEPHEN SY Y TIBAGONG, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 193379 : August 15, 2011] CESAR D. CASTRO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 165476 : August 15, 2011] AGRIPINO V. MOLINA, PETITIONER, VS. PACIFIC PLANS, INC., RESPONDENT.

  • [G.R. No. 196426 : August 15, 2011] MARTICIO SEMBLANTE AND DUBRICK PILAR, PETITIONERS, VS. COURT OF APPEALS, 19TH DIVISION, NOW SPECIAL FORMER 19TH DIVISION, GALLERA DE MANDAUE / SPOUSES VICENTE AND MARIA LUISA LOOT, RESPONDENTS.

  • [G.R. No. 175073 : August 15, 2011] ESTATE OF MARGARITA D. CABACUNGAN, REPRESENTED BY LUZ LAIGO-ALI, PETITIONER, VS. MARILOU LAIGO, PEDRO ROY LAIGO, STELLA BALAGOT AND SPOUSES MARIO B. CAMPOS AND JULIA S. CAMPOS, RESPONDENTS.

  • [G.R No. 187167 : August 16, 2011] PROF. MERLIN M. MAGALLONA, AKBAYAN PARTY-LIST REP. RISA HONTIVEROS, PROF. HARRY C. ROQUE, JR., AND UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW STUDENTS, ALITHEA BARBARA ACAS, VOLTAIRE ALFERES, CZARINA MAY ALTEZ, FRANCIS ALVIN ASILO, SHERYL BALOT, RUBY AMOR BARRACA, JOSE JAVIER BAUTISTA, ROMINA BERNARDO, VALERIE PAGASA BUENAVENTURA, EDAN MARRI CAÑETE, VANN ALLEN DELA CRUZ, RENE DELORINO, PAULYN MAY DUMAN, SHARON ESCOTO, RODRIGO FAJARDO III, GIRLIE FERRER, RAOULLE OSEN FERRER, CARLA REGINA GREPO, ANNA MARIE CECILIA GO, IRISH KAY KALAW, MARY ANN JOY LEE, MARIA LUISA MANALAYSAY, MIGUEL RAFAEL MUSNGI, MICHAEL OCAMPO, JAKLYN HANNA PINEDA, WILLIAM RAGAMAT, MARICAR RAMOS, ENRIK FORT REVILLAS, JAMES MARK TERRY RIDON, JOHANN FRANTZ RIVERA IV, CHRISTIAN RIVERO, DIANNE MARIE ROA, NICHOLAS SANTIZO, MELISSA CHRISTINA SANTOS, CRISTINE MAE TABING, VANESSA ANNE TORNO, MARIA ESTER VANGUARDIA, AND MARCELINO VELOSO III, PETITIONERS, VS. HON. EDUARDO ERMITA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. ALBERTO ROMULO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF FOREIGN AFFAIRS, HON. ROLANDO ANDAYA, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, HON. DIONY VENTURA, IN HIS CAPACITY AS ADMINISTRATOR OF THE NATIONAL MAPPING & RESOURCE INFORMATION AUTHORITY, AND HON. HILARIO DAVIDE, JR., IN HIS CAPACITY AS REPRESENTATIVE OF THE PERMANENT MISSION OF THE REPUBLIC OF THE PHILIPPINES TO THE UNITED NATIONS, RESPONDENTS.

  • [A.M. No. RTJ-06-2014 : August 16, 2011] NILDA VERGINESA-SUAREZ, COMPLAINANT, VS. JUDGE RENATO J. DILAG AND COURT STENOGRAPHER III CONCEPCION A. PASCUA, RESPONDENTS. [A.M. No. RTJ-11-2293 (formerly A.M. No. 06-07-415-RTC)] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE RENATO J. DILAG, ESTER A. ASILO, OFFICER-IN-CHARGE, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 73, OLONGAPO CITY, ZAMBALES, AND ATTY. RONALD D. GAVINO, DEPUTY CLERK OF COURT, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, OLONGAPO CITY RESPONDENTS.

  • [G.R. No. 174654 : August 17, 2011] FELIXBERTO A. ABELLANA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND SPOUSES SAAPIA B. ALONTO AND DIAGA ALONTO, RESPONDENTS.

  • [G.R. No. 159941 : August 17, 2011] HEIRS OF SPOUSES TEOFILO M. RETERTA AND ELISA RETERTA, NAMELY: EDUARDO M. RETERTA, CONSUELO M. RETERTA, AND AVELINA M. RETERTA, PETITIONERS, VS. SPOUSES LORENZO MORES AND VIRGINIA LOPEZ, RESPONDENTS.

  • [G.R. No. 168008 : August 17, 2011] PETRONILO J. BARAYUGA, PETITIONER, VS. ADVENTIST UNIVERSITY OF THE PHILIPPINES, THROUGH ITS BOARD OF TRUSTEES, REPRESENTED BY ITS CHAIRMAN, NESTOR D. DAYSON, RESPONDENTS.

  • [G.R. No. 193629 : August 17, 2011] RCJ BUS LINES, INCORPORATED, PETITIONER, VS. STANDARD INSURANCE COMPANY, INCORPORATED, RESPONDENT.

  • [G.R. No. 166970 : August 17, 2011] MA. ANA M. TAMONTE AND EDILBERTO A. TAMONTE, PETITIONERS, VS. HONGKONG AND SHANGHAI BANKING CORPORATION LTD., HONGKONG AND SHANGHAI BANKING CORPORATION STAFF RETIREMENT PLAN, REPRESENTED BY ATTY. MANUEL G. MONTECILLO, STUART P. MILNE AND ALEJANDRO CUSTODIO; ALEJANDRO CUSTODIO; RTC CLERK OF COURT & EX-OFFICIO SHERIFF AND SHERIFF IN CHARGE CLEMENTE BOLOY AND BENEDICTO G. HEBRON, RESPECTIVELY, RESPONDENTS.

  • [G.R. No. 188562 : August 17, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RODEL LANUZA Y BAGAOISAN, ACCUSED-APPELLANT.

  • [G.R. No. 171634 : August 17, 2011] LEONARDO S. UMALE, SUBSTITUTED BY CLARISSA VICTORIA UMALE,[1] PETITIONER, VS. ATTY. ALFREDO VILLAMOR, JR., RESPONDENT.

  • [G.R. No. 156358 : August 17, 2011] ANGELINA PAHILA-GARRIDO, PETITIONER, VS. ELIZA M. TORTOGO, LEONILA FLORES, ANANIAS SEDONIO, ADELINO MONET, ANGIE MONET, JUANITO GARCIA, ELEONOR GARCIA, BENITA MOYA, JULIO ALTARES, LEA ALTARES, CLARITA SABIDO, JULIE ANN VILLAMOR, JUANITA TUALA, VICTOR FLORES III, JOHNNY MOYA, HAZEL AVANCEÑA, SONIA EVANGELIO, AND GENNY MONTAÑO, RESPONDENTS.

  • [G.R. No. 152239 : August 17, 2011] MAKING ENTERPRISES, INC. AND SPOUSES JOAQUIN TAMANO AND ANGELITA TAMANO, PETITIONERS, VS. JOSE MARFORI AND EMERENCIANA MARFORI, RESPONDENTS.

  • [G.R. No. 153829 : August 17, 2011] ROMAN CATHOLIC ARCHBISHOP OF SAN FERNANDO, PAMPANGA REPRESENTED HEREIN BY THE INCUMBENT ARCHBISHOP, PETITIONER, VS. EDUARDO SORIANO, JR., EDNA YALUN, EVANGELINA ABLAZA, FELICIDAD Y. URBINA, FELIX SALENGA, REYNALDO I. MALLARI, MARCIANA B. BARCOMA, BIENVENIDO PANGANIBAN, BRIGIDA NAVARRO, EUFRANCIA T. FLORES, VICTORIA B. SUDSOD, EUFRONIO CAPARAS, CRISANTO MANANSALA, LILY MASANGCAY, BENJAMIN GUINTO, JR., MARTHA G. CASTRO AND LINO TOLENTINO, RESPONDENTS. [G.R. NO. 160909] BENJAMIN GUINTO, JR.,[1] PETITIONER, VS. ROMAN CATHOLIC ARCHBISHOP OF SAN FERNANDO, PAMPANGA REPRESENTED HEREIN BY THE INCUMBENT ARCHBISHOP, RESPONDENT.

  • [G.R. No. 163827 : August 17, 2011] DEVELOPMENT BANK OF THE PHILIPPINES, PETITIONER, VS. HON. SILVERIO Q. CASTILLO AND CRISTINA TRINIDAD ZARATE ROMERO, RESPONDENTS.

  • [G.R. No. 167545 : August 17, 2011] ATIKO TRANS, INC. AND CHENG LIE NAVIGATION CO., LTD., PETITIONERS, VS. PRUDENTIAL GUARANTEE AND ASSURANCE, INC., RESPONDENT.

  • [G.R. No. 190317 : August 22, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. LARRY TORRES, SR., ACCUSED-APPELLANT.

  • [G.R. No. 193161 : August 22, 2011] DIOSDADO S. MANUNGAS, PETITIONER, VS. MARGARITA AVILA LORETO AND FLORENCIA AVILA PARREÑO, RESPONDENTS.

  • [G.R. No. 163433 : August 22, 2011] SPOUSES NELSON R. VILLANUEVA AND MYRA P. VILLANUEVA, PETITIONERS, VS. THE COURT OF APPEALS, PROVIDENT RURAL BANK OF SANTA CRUZ (LAGUNA), INC., AND THE CLERK OF COURT OF THE REGIONAL TRIAL COURT OF LAGUNA AS EX-OFFICIO PROVINCIAL SHERIFF, RESPONDENTS.

  • [G.R. Nos. 192147 & 192149 : August 23, 2011] RENALD F. VILANDO, PETITIONER, VS. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL, JOCELYN SY LIMKAICHONG AND HON. SPEAKER PROSPERO NOGRALES, RESPONDENTS.

  • [A.M. No. 2011-01-SC : August 23, 2011] RE: LETTER-COMPLAINT OF MR. RECARREDO S. VALENZUELA, CLERK IV, PERSONNEL DIVISION, OAS-OCA AGAINST MR. RICARDO R. GIGANTO, UTILITY WORKER II, PERSONNEL DIVISION, OAS-OCA

  • [G.R. No. 165828 : August 24, 2011] NATIONAL POWER CORPORATION, PETITIONER, VS. HEIRS OF MACABANGKIT SANGKAY, NAMELY: CEBU, BATOWA-AN, SAYANA, NASSER, MANTA, EDGAR, PUTRI , MONGKOY*, AND AMIR, ALL SURNAMED MACABANGKIT, RESPONDENTS.

  • [G.R. No. 173180 : August 24, 2011] ALBERT TISON AND CLAUDIO L. JABON, PETITIONERS, VS. SPS. GREGORIO POMASIN AND CONSORCIA PONCE POMASIN, DIANNE POMASIN PAGUNSAN, CYNTHIA POMASIN, SONIA PEROL, ANTONIO SESISTA, GINA SESISTA, AND REYNALDO SESISTA, RESPONDENTS.

  • [G.R. No. 172331 : August 24, 2011] RAMON ARANDA, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 160322 : August 24, 2011] PILIPINO TELEPHONE CORPORATION, PETITIONER, VS. RADIOMARINE NETWORK (SMARTNET) PHILIPPINES, INC., RESPONDENT.

  • [A.M. No. P-10-2739 [Formerly OCA I.P.I. No. 08-3015-P] : August 24, 2011] WILFRIED ERDENBERGER, COMPLAINANT, VS. JOHN V. AQUINO, CLERK OF COURT, REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, OLONGAPO CITY, RESPONDENT.

  • [G.R. No. 188775 : August 24, 2011] CENON R. TEVES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND DANILO R. BONGALON, RESPONDENTS.

  • [G.R. No. 188995 : August 24, 2011] EXPORT PROCESSING ZONE AUTHORITY (NOW PHILIPPINE EXPORT ZONE AUTHORITY), PETITIONER, VS. JOSE PULIDO, VICENTA PANGANIBAN, RURAL BANK OF SALINAS, INC., FRANCISCA M. PRODIGALIDAD, ABELARDO PRODIGALIDAD, CARMEN PRECIOSA TABLANTE, CARMENCITA M. PRODIGALIDAD, MELVIN J. BOUCHER, MARY LOU M. PRODIGALIDAD, SALVADOR MENES, JR., DELILAH M. PRODIGALIDAD, NANNETTE M. PRODIGALIDAD, ANSELMO M. PRODIGALIDAD III, GREGORIO M. PRODIGALIDAD, AND ESTATE OF SALUD JIMENEZ, RESPONDENTS.

  • [G.R. No. 176129 : August 24, 2011] HEIRS OF RODOLFO CRISOSTOMO (EUPROCINIA, ROYCE AND IRISH CRISOSTOMO), PETITIONERS, VS. RUDEX INTERNATIONAL DEVELOPMENT CORPORATION, RESPONDENT.

  • [G.R. No. 184960 : August 24, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CLEOFE BAROQUILLO Y VILLANUEVA AND LEONARDO MAHILUM Y CAÑETE, ACCUSED-APPELLANTS.

  • [A.C. No. 6689 : August 24, 2011] RIZALINA L. GEMINA, COMPLAINANT, VS. ATTY. ISIDRO S. MADAMBA, RESPONDENT.

  • [G.R. No. 168973 : August 24, 2011] CITY OF DUMAGUETE, HEREIN REPRESENTED BY CITY MAYOR, AGUSTIN R. PERDICES, PETITIONER, VS. PHILIPPINE PORTS AUTHORITY, RESPONDENT.

  • [G.R. No. 183789 : August 24, 2011] POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION, PETITIONER, VS. POZZOLANIC PHILIPPINES INCORPORATED, RESPONDENT.

  • [G.R. No. 176091 : August 24, 2011] RENE ANTONIO, PETITIONER, VS. GREGORIO MANAHAN, RESPONDENT.

  • [G.R. No. 171468 : August 24, 2011] NEW WORLD INTERNATIONAL DEVELOPMENT (PHILS.), INC., PETITIONER, VS. NYK-FILJAPAN SHIPPING CORP., LEP PROFIT INTERNATIONAL, INC. (ORD), LEP INTERNATIONAL PHILIPPINES, INC., DMT CORP., ADVATECH INDUSTRIES, INC., MARINA PORT SERVICES, INC., SERBROS CARRIER CORPORATION, AND SEABOARD-EASTERN INSURANCE CO., INC., RESPONDENTS. [G.R. NO. 174241] NEW WORLD INTERNATIONAL DEVELOPMENT (PHILS.), INC., PETITIONER, VS. SEABOARD-EASTERN INSURANCE CO., INC., RESPONDENT.

  • [G.R. No. 185023 : August 24, 2011] CITY OF PASIG, REPRESENTED BY THE CITY TREASURER AND THE CITY ASSESSOR, VS. PETITIONER, REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, RESPONDENT.

  • [G.R. No. 172660 : August 24, 2011] EUGENIO BASBAS, TEOFILO ARAS, RUFINO ARAS, GERVACIO BASBAS, ISMAEL ARAS, EUGENIO ARAS, SIMFRONIO ARAS, FELICIANO ARAS, ROSITA ARAS, EUGENIO BASBAS, JR. AND SPOUSES PABLITO BASARTE AND MARCELINA BASBAS BASARTE, PETITIONERS, VS. BEATA SAYSON AND ROBERTO SAYSON, JR., RESPONDENTS.

  • [G.R. No. 174774 : August 31, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROLANDO S. DELOS REYES, ALIAS "BOTONG," AND RAYMUNDO G. REYES, ALIAS "MAC-MAC," ACCUSED-APPELLANTS.

  • [G.R. No. 175289 : August 31, 2011] CRISOSTOMO VILLARIN AND ANIANO LATAYADA, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 170728 : August 31, 2011] D. M. WENCESLAO AND ASSOCIATES, INC., PETITIONER, VS. CITY OF PARAAQUE, PARAAQUE CITY ASSESSOR, PARAAQUE CITY TREASURER AND PARAAQUE CITY COUNCIL, RESPONDENTS.

  • [G.R. No. 184053 : August 31, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. VIRGINIA BABY P. MONTANER, ACCUSED-APPELLANT.

  • [G.R. No. 175074 : August 31, 2011] JESUS TORRES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 165025 : August 31, 2011] FEDMAN DEVELOPMENT CORPORATION, PETITIONER, VS. FEDERICO AGCAOILI, RESPONDENT.

  • [G.R. No. 155849 : August 31, 2011] LORENZO SHIPPING CORPORATION, OCEANIC CONTAINER LINES, INC., SOLID SHIPPING LINES CORPORATION, SULPICIO LINES, INC., ET AL., PETITIONERS, VS. DISTRIBUTION MANAGEMENT ASSOCIATION OF THE PHILIPPINES, LORENZO CINCO, AND CORA CURAY, RESPONDENTS.

  • [G.R. No. 173792 : August 31, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROSARIO "ROSE" OCHOA, ACCUSED-APPELLANT.

  • [G.R. No. 181902 : August 31, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDGAR EVANGELIO Y GALLO, JOSEPH EVANGELIO, ATILANO AGATON Y OBICO, AND NOEL MALPAS Y GARCIA, ACCUSED. JOSEPH EVANGELIO, ACCUSED-APPELLANT.

  • [G.R. No. 176077 : August 31, 2011] ABRAHAM MICLAT, JR. Y CERBO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 175991 : August 31, 2011] JOSE R. CATACUTAN, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 186387 : August 31, 2011] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JUAN MENDOZA Y VICENTE, ACCUSED-APPELLANT.

  • [G.R. No. 174980 : August 31, 2011] RADITO AURELIO Y REYES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 179978 : August 31, 2011] DCD CONSTRUCTION, INC., PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

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    [G.R. No. 186387 : August 31, 2011]   THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JUAN MENDOZA Y VICENTE, ACCUSED-APPELLANT.

     
    THIRD DIVISION

    [G.R. No. 186387 : August 31, 2011]

    THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JUAN MENDOZA Y VICENTE, ACCUSED-APPELLANT.

    D E C I S I O N


    MENDOZA, J.:

    This is an appeal assailing the June 5, 2008 Decision[1]of the Court of Appeals (CA) in CA-G.R. HC-No. 02734 which affirmed with modification the February 6, 2007 Decision[2] of the Regional Trial Court, Baguio City, Branch 61 (RTC).  The RTC found accused Juan Mendoza y Vicente guilty of having violated Section 5 and Section 11, Article II of Republic Act (R.A.) No. 9165 or the Dangerous Drugs Act of 2002.

    Version of the Prosecution

    The evidence for the prosecution shows that Senior Police Officer 4 Edelfonso Sison (SPO4 Sison) received information from a long-serving unidentified informant of the Baguio City Police Office's (BCPO) Drug Enforcement Section (DES) that the accused contacted him and offered to sell shabu worth P1,000.00 to any interested buyer.  The accused then suggested that they meet at the stairs of the Cresencia Barangay Hall along Bokawkan Road.

    After interviewing the informant, Police Senior Inspector Myles Pascual (PSI Pascual) decided to conduct a buy-bust operation to entrap the accused.  PSI Pascual made arrangements for the informant, the accused, and the poseur buyer officer to meet on April 14, 2005 around 2:30 o'clock in the afternoon at the stairs below the Cresencia Barangay Hall along Bokawkan Road. He planned for an entrapment operation and put together a team, with SPO4 Sison, as team leader; Police Officer 3 Ricky Calamiong (PO3 Calamiong) and PO3 Roy Mateo (PO3 Mateo), as back-up officers; and Police Officer 2 Edgar Antolin (PO2 Antolin), as the poseur buyer.

    In coordination with the Philippine Drug Enforcement Agency (PDEA), the entrapment team proceeded to the area at 2:00 o'clock in the afternoon, half an hour before the scheduled time.  The team parked their vehicle 20 to 30 meters away from the designated transaction area. PO2 Antolin and the informant alighted and proceeded to the stairway to wait for the accused.

    Twenty minutes later, the accused arrived and approached the informant. The latter introduced PO2 Antolin as the buyer. After the accused asked if the buyer had the money, PO2 Antolin handed over P1,000.00.  The accused then gave him two (2) sachets containing white crystalline substance. PO2 Antolin raised his right hand, the pre-arranged signal, signifying to the other team members that the transaction had been consummated. The team rushed to assist PO2 Antolin, who arrested the accused and recovered the buy-bust-money. PO2 Antolin frisked the accused and recovered five (5) more small transparent sachets with white crystalline substance from the pants pocket of the accused. He turned over the same to the team leader, SPO4 Sison.

    SPO4 Sison informed the accused in Tagalog the reason why he was being arrested and apprised him of his constitutional rights. The accused merely nodded but otherwise kept silent.[3]  The buy-bust team then took the accused to the BCPO, where PO2 Antolin identified him as Juan Mendoza, alias "Ampi."

    In a preliminary test, the white crystalline substance recovered from the accused tested positive for the presence of Methamphetamine Hydrochloride or shabu, a dangerous drug.[4] The case records state that after the conduct of such preliminary test, the items confiscated from the accused were turned over to the Philippine National Police (PNP) Crime Laboratory Service at Camp Bado Dangwa, La Trinidad, Benguet for further analysis and disposition.[5]

    A confirmatory test conducted on the same day by Police Inspector and Forensic Chemical Officer Cecile Akiangan Bullong yielded the same result.[6]

    Version of the Accused

    The accused alleges that in the afternoon of April 14, 2005, he was walking down Sepic Road, Baguio City, on his way home from his brother's house in Guisad, where he had just finished washing diapers and clothes. A vehicle stopped beside him and SPO4 Sison alighted. The accused knew SPO4 Sison because the latter arrested him for a drug offense way back in 1997, for which he was convicted and incarcerated in Camp Sampaguita for five years.

    SPO4 Sison showed him a photograph and demanded information about the person in the photo. When he insisted that he did not know who it was, SPO4 Sison invited him to the BCPO-DES.  As he could not decline, he went along with him.

    At the DES, the police again asked him if he knew the person in the photo and a certain Gary Chua, but he replied in the negative. He was also questioned whether he knew someone who was selling drugs, and he again replied in the negative.  He told the police that since his release from prison, he no longer dabbled in the drug trade, as he already had a family. When he told SPO4 Sison that he did not know anyone who was selling drugs, SPO4 Sison got angry.

    After an hour, he was informed that he would be subjected to a drug test. Again, unable to refuse, he was subjected to a drug test at the BCPO Station 7 laboratory, in front of the DES. He was then brought to the Baguio General Hospital (BGH) for a medical examination, and later back to the police station.

    During the interrogation at the police office, he did not have a counsel present.[7]  SPO4 Sison did not inform him that he was being arrested for the possession of the 5 heat-sealed plastic sachets containing shabu.[8]

    Ruling of the Regional Trial Court

    In its Decision dated February 6, 2007, the RTC found the accused guilty beyond reasonable doubt in both Criminal Case No. 24384-R and Criminal Case No. 24385-R. The dispositive portion thereof reads:

    WHEREFORE, in Criminal Case No. 24384-R, judgment is rendered finding the accused GUILTY beyond any reasonable doubt and he is hereby sentenced to suffer Life Imprisonment and to pay a fine of ?500,000.00 and in Criminal Case No. 24385-R, judgment is rendered finding the accused GUILTY beyond any reasonable doubt and he is hereby sentenced to suffer an indeterminate sentence of Twelve (12) Years and One (1) Day to Fourteen (14) Years, and to pay the costs.

    SO ORDERED.[9]

    Ruling of the Court of Appeals

    In its Decision[10] dated June 5, 2008, the CA affirmed with modification the RTC decision. The dispositive portion of the RTC decision reads:

    WHEREFORE, premises considered, the appeal is DENIED for lack of merit. The Decision dated 06 February 2007 of the Regional Trial Court of Baguio City, Branch 61 finding the accused-appellant JUAN MENDOZA Y VICENTE guilty beyond reasonable doubt for violations of Sections 5 and 11, Article II of Republic Act No. 9165 in Criminal Case Nos. 24384-R and 24385-R and sentencing him to suffer the penalty of life imprisonment and to pay a fine of ?500,00[0].00, and the indeterminate penalty of twelve (12) years and one (1) day to fourteen (14) years, respectively, is AFFIRMED with MODIFICATION in that said accused-appellant is hereby ordered to pay a fine of ?300,000.00 in Criminal Case No. 24385-R.

    SO ORDERED.[11]

    ASSIGNMENT OF ERRORS

    In his Supplemental Brief for the Accused-Appellant,[12] the accused submits that the court a quo erred:

    In not finding that the procedures for the custody and disposition of confiscated dangerous drugs in Section 21 of R.A. No. 9165 were not complied with, rendering the evidence compromised.

    In convicting the accused-appellant notwithstanding the fact that his guilt was not established beyond reasonable doubt.[13]

    Ruling of the Court

    The Court finds the arguments of the accused bereft of merit.

    In crimes involving the sale of illegal drugs, two essential elements must be satisfied: (1) identities of the buyer, the seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment for it.[14]

    In the prosecution for illegal possession of dangerous drugs, on the other hand, it must be shown that: (1) the accused is in possession of an item or an object identified to be a prohibited or a regulated drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the said drug.[15]  In this case, all these elements were satisfactorily proven by the prosecution beyond reasonable doubt through testimonial, documentary and object evidence presented during the trial. PO2 Antolin, the designated poseur-buyer, testified as to the circumstances surrounding the apprehension of the accused, and the seizure and marking of the illegal drugs recovered from the accused. [16]  Then, SPO4 Sison corroborated PO2 Antolin's testimony and confirmed that all the confiscated items recovered from the accused were turned over to him as team leader.[17]

    The accused also argues that the procedure in the custody and disposition of the dangerous drugs was not observed.  The Court finds, however, that the compliance with the chain of custody rule was sufficiently established in this case.

    In the chain of custody in a buy-bust situation, the following links must be established: first, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer; third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and fourth, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court.[18]

    Regarding the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination, the parties admitted the following facts during pre-trial:

    1. The fact that the forensic chemist examined the drugs and prepared the report thereon but qualified that it did not come from the accused;
    2. Medico-legal Report;
    3. The witnesses to the inventory witnessed the inventory taking, signed the inventory but they have no knowledge that the drugs came from the accused.
    4. Order of detention, booking sheet and preliminary test;
    5. Existence of the pre-operation report and the request for drug test.[19] [Emphases supplied]

    The prosecution also presented several documents that traced how the evidence changed hands.

    The Inventory in the Presence of Witnesses[20] (Exhibit "D") listed six small transparent heat-sealed plastic sachets, each weighing approximately 0.3g and containing white crystalline substance suspected to be Methamphetamine Hydrochloride or shabu, previously marked as "ECA" 04/14/05[21], and showed the corresponding photos taken during the inventory (Exhibit "N").[22]

    The Certificate of Preliminary Test[23] (Exhibit "F") prepared under the signature of Marites Vizcara Tamio of the BCPO DES and addressed to the Baguio City Prosecutor, certified that on April 14, 2005, at 3:00 o'clock in the afternoon, she conducted a preliminary test on the same marked items[24] by using Simons reagent on the white crystalline substance contained in the individually heat-sealed plastic sachets. All the items yielded a "dark blue color," indicating the presence of Methamphetamine Hydrochloride, a dangerous drug. The same certificate stated that the alleged confiscated pieces of evidence were turned over the to the PNP Crime Laboratory Service at Camp Bado Dangwa, La Trinidad, Benguet for chemistry analysis and disposition.

    Finally, Chemistry Report No. D-044-2005[25] (Exhibit "G")[26] issued by the PNP Regional Crime Laboratory Office at Camp Bado Dangwa, La Trinidad, Benguet stated that following a qualitative examination conducted on the same marked items,[27] it was found that the specimens produced a positive result for the presence of Methamphetamine Hydrochloride, a dangerous drug.

    The illegal drugs subject of the buy-bust transaction and those recovered from the person of the accused were positively identified by PO2 Antolin, marked and presented as evidence during trial:

    Q
    x x x I am showing you two sachets marked as Exhibit "A" ECA. 04/14/05 BB and a signature. Now tell us the relation of these sachets which the accused gave to you in exchange of the ?1,000.00?
    WITNESS:
    A
    These are the buy bust item, sir.
    PROS. CATRAL:
    Q
    Now what does ECA stands (sic) for again?
    A
    Edgar Cortes Antolin, sir.
    Q
    And that will be you
    A
    Yes, sir.
    Q
    And 04/14/05 would be the date of the transaction?
    A
    Yes, sir.
    Q
    And BB. What would those letters mean?
    A
    buy bust, sir.
    Q
    How about this signature, whose signature would that be?
    A
    My signature, sir.
    x x x
    Q
    I am presenting to you five sachets which your office marked as Exhibit CDEF and G with the marking ECA, 04/14/05 signature and a letter R. Are these the same items which you referred a while back?
    A
    Yes, sir.
    Q
    And for the record, what does ECA stands (sic) for?
    WITNESS:
    A
    Edgar Cortes Antolin, sir.
    PROS. CATRAL:
    Q
    And what does 04/14/05 means (sic)?
    A
    The date, sir.
    Q
    The date of what?
    A
    The date of the transaction, sir.
    Q
    And what does "R" in the five sachets represents (sic)?
    A
    Recovered, sir.
    PROS. CATRAL:
    For purposes of identification, may we have the two sachets marked as BB be marked as Exhibit M-1 and M-2 which are the subject for sale and the other five other sachets with marking R be marked as M-3, 4, 5, 6, and 7 to constitute the charge for possession.
    COURT:
    Mark it. [28]

    From the foregoing circumstances, it is unmistakable that there is no break in the chain of custody of the seized dangerous drugs from the time that it came to the possession of PO2 Antolin to the point when such items were presented and identified during trial. Clearly, there is no doubt that the integrity and evidentiary value of the seized dangerous drug were properly preserved, in compliance with what the law requires.

    WHEREFORE, the June 5, 2008 Decision of the Court of Appeals in CA-G.R. HC-No. 02734 is AFFIRMED.

    SO ORDERED.

    Velasco,  Jr., (Chairperson), Peralta, Abad, and Sereno,* JJ., concur.

    Endnotes:


    * Designated as additional member of the Third Division per Special Order No. 1028 dated June 21, 2011.

    [1] Penned by Associate Justice Celia C. Librea-Leagogo, with Associate Justices Regalado E. Maambong and Agustin S, Dizon, concurring.

    [2] Records, p. 186.

    [3] TSN, November 22, 2005, pp. 33-34; TSN, March 7, 2006, pp. 13-14; TSN, May 11, 2006, p. 20; TSN, August 14, 2006, pp. 25-26.

    [4] Records, p. 54.

    [5] Id.

    [6] Id. at 70.

    [7]   TSN, November 7, 2006, p. 15.

    [8]   Id. at 18.

    [9]   CA rollo, p. 18.

    [10] Rollo, p. 2. Sixteenth Division. Penned by Associate Justice Celia C. Librea-Leagogo, with Associate Justices Regalado E. Maambong and Agustin S. Dizon, concurring.

    [11] Id. at 33.

    [12] Id. at 55-67.

    [13] Id. at 60.

    [14] People v. Salak, G.R. No. 181249, March 14, 2011, citing People v. Razul, 441 Phil. 62, 75 (2002).

    [15] People v. Villahermosa, G.R. No. 186465, June 1, 2011, citing People v. Concepcion, 414 Phil. 247, 255 (2001); People v. Khor, 366 Phil. 762, 795 (1995).

    [16] TSN, November 22, 2005, pp. 20-32.

    [17] TSN, May 11, 2006, p. 22.

    [18] Ampatuan v. People, G.R. No. 183676, June 22, 2011, citing People v. Magpayo, G.R. No. 187069, October 20, 2010, 634 SCRA 441, 451 citing People v. Kamad, G.R. No. 174198, January 19, 2010, 610 SCRA 295, 307-308.

    [19] Records, p. 73.

    [20] Id. at 52. Signed by Natividad G. Akim, a barangay representative; a representative of the DOJ; and Jimmy Ceraude, a representative of the media.

    [21] The two items subject of the buy-bust bore the additional mark "BB", and the five items recovered from the accused upon apprehension and arrest bore the additional mark "R".

    [22] Records, p. 69.

    [23] Id. at 54.

    [24]

    EXHIBIT QUANTITY DESCRIPTION
    Exh "A" Approximately zero point three (0.3) gram including plastic sachet One (1) small transparent heat sealed plastic sachet containing white crystalline substance suspected to be Methamphetamine Hydrochloride or Shabu marked as "ECA" 04/14/05 with signature, BB
    Exh "B"
    Approximately zero point three (0.3) gram including plastic sachet
    One (1) small transparent heat sealed plastic sachet containing white crystalline substance suspected to be Methamphetamine Hydrochloride /Shabu marked as "ECA" 04/14/05 with signature, BB
    Exh "C"
    Approximately zero point three (0.3) gram including plastic sachet
    One (1) small transparent heat sealed plastic sachet containing white crystalline substance suspected to be Methamphetamine Hydrochloride/Shabu marked as "ECA" 04/14/05 with signature, R
    Exh "D"
    Approximately zero point three (0.3) gram including plastic sachet
    One (1) small transparent heat sealed plastic sachet containing white crystalline substance suspected to be Methamphetamine Hydrochloride/Shabu marked as "ECA" 04/14/05 with signature, R
    Exh "E"
    Approximately zero point three (0.3) gram including plastic sachet
    One (1) small transparent heat sealed plastic sachet containing white crystalline substance suspected to be Methamphetamine Hydrochloride/Shabu marked as "ECA" 04/14/05 with signature, R
    Exh "F"
    Approximately zero point three (0.3) gram including plastic sachet
    One (1) small transparent heat sealed plastic sachet containing white crystalline substance suspected to be Methamphetamine Hydrochloride /Shabu marked as "ECA" 04/14/05 with signature, R
    Exh "G"
    Approximately zero point three (0.3) gram including plastic sachet
    One (1) small transparent heat sealed plastic sachet containing white crystalline substance suspected to be Methamphetamine Hydrochloride/Shabu marked as "ECA" 04/14/05 with signature, R



    [25] Records, p. 70.

    [26] Prepared by Police Inspector and Forensic Chemical Officer Cecile Akiangan Bullong of the Regional Crime Laboratory Office at Camp Bado Dangwa, La Trinidad, Benguet, and approved by Police Chief Inspector and Provincial Chief Dalmacio Weygan Magantino.

    [27] Exh "A" - One (1) small heat-sealed transparent plastic sachet with attached markings Exh "A", ECA, 04/14/05, BB and signature containing 0.05 gram of white crystalline substance.

    Exh "B" - One (1) small heat-sealed transparent plastic sachet with attached markings Exh "A", ECA, 04/14/05, BB and signature containing 0.04 gram of white crystalline substance.

    Exh "C" - One (1) small heat-sealed transparent plastic sachet with attached markings Exh "A", ECA, 04/14/05, R and signature containing 0.05 gram of white crystalline substance.

    Exh "D" - One (1) small heat-sealed transparent plastic sachet with attached markings Exh "A", ECA, 04/14/05, R and signature containing 0.06 gram of white crystalline substance.

    Exh "E" - One (1) small heat-sealed transparent plastic sachet with attached markings Exh "A", ECA, 04/14/05, R and signature containing 0.05 gram of white crystalline substance.

    Exh "F" - One (1) small heat-sealed transparent plastic sachet with attached markings Exh "A", ECA, 04/14/05, R and signature containing 0.05 gram of white crystalline substance.

    Exh "G" - One (1) small heat-sealed transparent plastic sachet with attached markings Exh "A", ECA, 04/14/05, R and signature containing 0.06 gram of white crystalline substance.

    [28] TSN, November 22, 2006, pp. 26-27, 31-32.

    [G.R. No. 186387 : August 31, 2011]   THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JUAN MENDOZA Y VICENTE, ACCUSED-APPELLANT.


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