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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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February-2011 Jurisprudence                 

  • [A.M. No. 2007-22-SC, February 01, 2011] RE: ANONYMOUS COMPLAINT AGAINST MS. HERMOGENA F. BAYANI FOR DISHONESTY.

  • [G.R. No. 159618 : February 01, 2011] BAYAN MUNA, AS REPRESENTED BY REP. SATUR OCAMPO, REP. CRISPIN BELTRAN, AND REP. LIZA L. MAZA, PETITIONER, VS. ALBERTO ROMULO, IN HIS CAPACITY AS EXECUTIVE SECRETARY, AND BLAS F. OPLE, IN HIS CAPACITY AS SECRETARY OF FOREIGN AFFAIRS, RESPONDENTS.

  • [A.M. No. RTJ-00-1600* : February 01, 2011] VIVIAN T. DABU, ASSISTANT PROVINCIAL PROSECUTOR, COMPLAINANT, VS. EDUARDO RODEN E. KAPUNAN, PRESIDING JUDGE, BRANCH 51 AND ACTING JUDGE, BRANCH 52,+ MA. THERESA CORTEZ, LEILA O. GALO, BOTH COURT STENOGRAPHERS, SUZETTE O. TIONGCO, LEGAL RESEARCHER, ALL OF REGIONAL TRIAL COURT, BRANCH 51, GUAGUA, PAMPANGA, RESPONDENTS. [A.M. No. 01-3-138-RTC : February 01, 2011] RE: EVALUATION OF THE REPORT AND INVENTORY SUBMITTED BY EXECUTIVE JUDGE ROGELIO C. GONZALES, RTC, GUAGUA, PAMPANGA, ON ANNULMENT OF MARRIAGE CASES IN BRANCHES 49, 50, 51, 52 AND 53 OF THE GUAGUA REGIONAL TRIAL COURT

  • [G.R. No. 186045 : February 02, 2011] MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY, PETITIONER, VS. HEIRS OF ESTANISLAO MI—OZA, NAMELY: THE HEIRS OF FILOMENO T. MI—OZA, REPRESENTED BY LAUREANO M. MI—OZA; THE HEIRS OF PEDRO T. MI—OZA; AND THE HEIRS OF FLORENCIA T. MI—OZA, REPRESENTED BY ANTONIO M. URBIZTONDO, RESPONDENTS

  • [G.R. No. 185493 : February 02, 2011] LTC. ROBERTO K. GUILLERGAN (RET.), PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 179217 : February 02, 2011] METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM, PETITIONER, VS. GABRIEL ADVINCULA, ET AL., RESPONDENTS.

  • [G.R. No. 189476 : February 02, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. JULIAN EDWARD EMERSON COSETENG-MAGPAYO (A.K.A. JULIAN EDWARD EMERSON MARQUEZ-LIM COSETENG), RESPONDENT.

  • [G.R. No. 170463 : February 02, 2011] THE BOARD OF TRUSTEES OF THE GOVERNMENT SERVICE INSURANCE SYSTEM AND WINSTON F. GARCIA, IN HIS CAPACITY AS GSIS PRESIDENT AND GENERAL MANAGER, PETITIONERS, VS. ALBERT M. VELASCO AND MARIO I. MOLINA, RESPONDENTS.

  • [G.R. No. 172879 : February 02, 2011] ATTY. RICARDO B. BERMUDO, PETITIONER, VS. FERMINA TAYAG-ROXAS, RESPONDENT. [G.R. No. 173364] FERMINA TAYAG-ROXAS, PETITIONER, VS. HON. COURT OF APPEALS AND ATTY. RICARDO BERMUDO, RESPONDENTS.

  • [G.R. No. 176631 : February 02, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. AVELINO FELAN, ACCUSED-APPELLANT.

  • [G.R. No. 159781 :February 02, 2011] PETER BEJARASCO, JR., PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 173575 : February 02, 2011] IMMACULATE CONCEPTION ACADEMY AND THE LATE DR. PAULO C. CAMPOS SUBSTITUTED BY HIS HEIRS, DR. JOSE PAULO E. CAMPOS, ATTY. PAULO E. CAMPOS, JR. AND DR. ENRIQUE E. CAMPOS,[1] PETITIONERS, VS. AMA COMPUTER COLLEGE, INCORPORATED, RESPONDENT.

  • [G.R. No. 183719 : February 02, 2011] MARGARITA F. CASTRO, PETITIONER, VS. NAPOLEON A. MONSOD, RESPONDENT.

  • [G.R. No. 184170 : February 02, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JERWIN QUINTAL Y BEO, VICENTE BONGAT Y TARIMAN, FELIPE QUINTAL Y ABARQUEZ AND LARRY PANTI Y JIMENEZ, ACCUSED. VICENTE BONGAT Y TARIMAN, APPELLANT.

  • [G.R. No. 165851 : February 02, 2011] MANUEL CATINDIG, REPRESENTED BY HIS LEGAL REPRESENTATIVE EMILIANO CATINDIG-RODRIGO, PETITIONER, VS. AURORA IRENE VDA. DE MENESES, RESPONDENT. [ G.R. NO. 168875] SILVINO ROXAS, SR., REPRESENTED BY FELICISIMA VILLAFUERTE ROXAS, PETITIONER, VS. COURT OF APPEALS AND AURORA IRENE VDA. DE MENESES, RESPONDENTS.

  • [G.R. No. 173846 : February 02, 2011] JOSE MARCEL PANLILIO, ERLINDA PANLILIO, NICOLE MORRIS AND MARIO T. CRISTOBAL, PETITIONERS, VS. REGIONAL TRIAL COURT, BRANCH 51, CITY OF MANILA, REPRESENTED BY HON. PRESIDING JUDGE ANTONIO M. ROSALES; PEOPLE OF THE PHILIPPINES; AND THE SOCIAL SECURITY SYSTEM, RESPONDENTS.

  • [G.R. No. 169871 : February 02, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSE N. MEDIADO, ACCUSED-APPELLANT.

  • [G.R. No. 171238 : February 02, 2011] F.A.T. KEE COMPUTER SYSTEMS, INC., PETITIONER, VS. ONLINE NETWORKS INTERNATIONAL, INC., RESPONDENT.

  • [G.R. No. 172230 : February 02, 2011] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. MAGIN FERRER, ANTONIO V. FERRER, AND RAMON V. FERRER, REPRESENTED BY THEIR ATTORNEY-IN-FACT, ATTY. RAFAEL VILLAROSA, RESPONDENTS. [G.R. NO. 179421] DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY SECRETARY NASSER C. PANGANDAMAN, PETITIONER, VS. ANTONIO V. FERRER AND RAMON V. FERRER, RESPONDENTS.

  • [G.R. No. 181827 : February 02, 2011] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSE GALVEZ Y BLANCA, ACCUSED-APPELLANT.

  • [G.R. No. 165575 : February 02, 2011] ADELIA C. MENDOZA AND AS ATTORNEY-IN-FACT OF ALICE MALLETA, PETITIONERS, VS. UNITED COCONUT PLANTERS BANK, INC., RESPONDENT.

  • [G.R. No. 192500 : February 02, 2011] SPOUSES AMADO O. IBA√ĎEZ AND ESTHER A. RAFAEL-IBA√ĎEZ, PETITIONERS, VS. REGISTER OF DEEDS OF MANILA AND CAVITE AND PHILIPPINE VETERANS BANK (PVB), RESPONDENTS.

  • [G.R. No. 167004 : February 07, 2011] DEVELOPMENT BANK OF THE PHILIPPINES, PETITIONER, VS. BEN P. MEDRANO AND PRIVATIZATION MANAGEMENT OFFICE [PMO], RESPONDENTS.

  • [G.R. No. 167332 : February 07, 2011] FILIPINAS PALMOIL PROCESSING, INC. AND DENNIS T. VILLAREAL, PETITIONERS, VS. JOEL P. DEJAPA, REPRESENTED BY HIS ATTORNEY-IN-FACT MYRNA MANZANO, RESPONDENT.

  • [G.R. No. 189724 : February 07, 2011] REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, REGION IV-B, PETITIONER, VS. SPOUSES FLORENCIO DE CASTRO AND ROMELIA CALIBOSO DE CASTRO, RESPONDENTS.

  • [G.R. No. 190601 : February 07, 2011] SPOUSES LUIGI M. GUANIO AND ANNA HERNANDEZ-GUANIO, PETITIONERS, VS. MAKATI SHANGRI-LA HOTEL AND RESORT, INC., ALSO DOING BUSINESS UNDER THE NAME OF SHANGRI-LA HOTEL MANILA, RESPONDENT.

  • [A.M. No. RTJ-10-2220 (Formerly OCA I.P.I. No. 08-3053-RTJ), February 07 : 2011] PIO ANGELIA, COMPLAINANT, VS. JUDGE JESUS L. GRAGEDA, REGIONAL TRIAL COURT, BRANCH 4, PANABO CITY RESPONDENT.

  • [G.R. No. 193184, February 07 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MICHAEL ANDRES Y TRINIDAD, ACCUSED-APPELLANT.

  • [G.R. No. 182555, February 08 : 2011] LENIDO LUMANOG AND AUGUSTO SANTOS, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R.NO. 185123] CESAR FORTUNA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R.NO. 187745]

  • [A.M. No. P-10-2810, February 08 : 2011] MANUEL P. CALAUNAN, COMPLAINANT, VS. REYNALDO B. MADOLARTA, SHERIFE IV, REGIONAL TRIAL COURT, BRANCH 217, QUEZON CITY, RESPONDENT.

  • [A.M. No. 10-7-17-SC : February 08, 2011] IN THE MATTER OF THE CHARGES OF PLAGIARISM, ETC., AGAINST ASSOCIATE JUSTICE MARIANO C. DEL CASTILLO.

  • [G.R. No. 167219, February 08 : 2011] RUBEN REYNA AND LLOYD SORIA, PETITIONERS, VS. COMMISSION ON AUDIT, RESPONDENT.

  • [G.R. No. 188608, February 09 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RONALDO MORALES Y FLORES ALIAS "RONNIE," AND RODOLFO FLORES Y MANGYAN ALIAS "RODING." DEFENDANTS-APPELLANTS.

  • [G.R. No. 184215, February 09 : 2011] OCEANEERING CONTRACTORS (PHILS), INC., PETITIONER, VS. NESTOR N. BARRETTO, DOING BUSINESS AS N.N.B. LIGHTERAGE, RESPONDENTS.

  • [G.R. Nos. 174730-37, February 09 : 2011] ROSALIO S. GALEOS, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R. NOS. 174845-52] PAULINO S. ONG, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 182521, February 09 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ERNESTO FRAGANTE Y AYUDA, APPELLANT.

  • [G.R. No. 183628, February 09 : 2011] DANIEL T. SO, PETITIONER, VS. FOOD FEST LAND, INC. RESPONDENT [G.R. NO. 183670 ] FOOD FEST LAND, INC., PETITIONER, VS. DANIEL T. SO, RESPONDENT.

  • [G.R. No. 173349, February 09 : 2011] SAMUEL U. LEE AND PAULINE LEE AND ASIATRUST DEVELOPMENT BANK, INC., PETITIONERS, VS. BANGKOK BANK PUBLIC COMPANY, LIMITED, RESPONDENT.

  • [G.R. No. 168240, February 09 : 2011] AURORA B. GO, PETITIONER, VS. ELMER SUNBANUN,‚Éį GEORGIE S. TAN, DORIS SUNBANUN AND RICHARD SUNBANUN, RESPONDENTS.

  • [A.M. No. P-05-2095 [Formerly A.M. OCA IPI No. 05-2085-P], February 09 : 2011] BENIGNO B. REAS, COMPLAINANT, VS. CARLOS M. RELACION, RESPONDENT.

  • [G.R. No. 191061, February 09 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROSELLE SANTIAGO Y PABALINAS, APPELLANT.

  • [G.R. No. 191061, February 09 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROSELLE SANTIAGO Y PABALINAS, APPELLANT.

  • [G.R. No. 191061, February 09 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROSELLE SANTIAGO Y PABALINAS, APPELLANT.

  • [A.M. No. MTJ-08-1714 [Formerly A.M. OCA IPI No. 08-2016-MTJ], February 09 : 2011] DANIEL G. SEVILLA, COMPLAINANT, VS. JUDGE FRANCISCO S. LINDO, METROPOLITAN TRIAL COURT, BRANCH 55, MALABON CITY, RESPONDENT.

  • [G.R. No. 168770, February 09 : 2011] ANUNCIACION VDA. DE OUANO, MARIO P. OUANO, LETICIA OUANO ARNAIZ, AND CIELO OUANO MARTINEZ, PETITIONERS, VS. THE REPUBLIC OF THE PHILIPPINES, THE MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY, AND THE REGISTER OF DEEDS FOR THE CITY OF CEBU, RESPONDENTS. [G.R. NO. 168812] MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA), PETITIONER, VS. RICARDO L. INOCIAN, IN HIS PERSONAL CAPACITY AND AS ATTORNEY-IN-FACT OF OLYMPIA E. ESTEVES, EMILIA E. BACALLA, RESTITUTA E. MONTANA, AND RAUL L. INOCIAN; AND ALETHA SUICO MAGAT, IN HER PERSONAL CAPACITY AND AS ATTORNEY-IN-FACT OF PHILIP M. SUICO, DORIS S. DELA CRUZ, JAMES M. SUICO, EDWARD M. SUICO, ROSELYN SUICO-LAWSIN, REX M. SUICO, KHARLA SUICO-GUTIERREZ, ALBERT CHIONGBIAN, AND JOHNNY CHAN, RESPONDENTS.

  • [G.R. No. 165381, February 09 : 2011] NELSON A. CULILI, PETITIONER, VS. EASTERN TELECOMMUNICATIONS PHILIPPINES, INC., SALVADOR HIZON (PRESIDENT AND CHIEF EXECUTIVE OFFICER), EMILIANO JURADO (CHAIRMAN OF THE BOARD), VIRGILIO GARCIA (VICE PRESIDENT) AND STELLA GARCIA (ASSISTANT VICE PRESIDENT), RESPONDENTS.

  • [G.R. No. 177145, February 09 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOEY TORIAGA, ACCUSED-APPELLANT.

  • [G.R. No. 179476, February 09 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RUEL TUY , ACCUSED-APPELLANT.

  • [G. R. No. 172321, February 09 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RENATO DADULLA Y CAPANAS, DEFENDANT-APPELLANT.

  • [G.R. No. 155227-28, February 09 : 2011] EMILIANA G. PE√ĎA, AMELIA C. MAR, AND CARMEN REYES, PETITIONERS, VS. SPOUSES ARMANDO TOLENTINO AND LETICIA TOLENTINO, RESPONDENTS.

  • [G.R. No. 159615, February 09 : 2011] SPOUSES VICTOR ONG AND GRACE TIU ONG, PETITIONERS, VS. PREMIER DEVELOPMENT BANK, THE PROVINCIAL SHERIFF OF RIZAL GRACE S. BELVIS AND DEPUTY SHERIFF VICTOR S. STA. ANA , RESPONDENTS.

  • [G.R. No. 170459, February 09 : 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. CANDIDO, DEMETILA, JESUS, ANGELITO, AND TERESITA, ALL SURNAMED VERGEL DE DIOS, RESPONDENTS.

  • [G.R. No. 170459, February 09 : 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. CANDIDO, DEMETILA, JESUS, ANGELITO, AND TERESITA, ALL SURNAMED VERGEL DE DIOS, RESPONDENTS.

  • [G.R. No. 170979, February 09 : 2011] JUDITH YU, PETITIONER, VS. HON. ROSA SAMSON-TATAD, PRESIDING JUDGE, REGIONAL TRIAL COURT, QUEZON CITY, BRANCH 105, AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 189580, February 09 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ALVIN DEL ROSARIO, APPELLANT.

  • [A.M. No. RTJ-11-2262 [Formerly OCA I.P.I. No. 08-3056-RTJ], February 09 : 2011] GAUDENCIO B. PANTILO III, COMPLAINANT, VS. JUDGE VICTOR A. CANOY, RESPONDENT.

  • [A.M. No. MTJ-09-1737, February 09 : 2011] LYDELLE L. CONQUILLA, COMPLAINANT, VS. JUDGE LAURO G. BERNARDO, MUNICIPAL TRIAL COURT, BOCAUE, BULACAN RESPONDENT.

  • [G.R. No. 180462, February 09 : 2011] SOUTH PACIFIC SUGAR CORPORATION AND SOUTH EAST ASIA SUGAR MILL CORPORATION, PETITIONERS, VS. COURT OF APPEALS AND SUGAR REGULATORY ADMINISTRATION, RESPONDENTS.

  • [G.R. No. 179641, February 09 : 2011] DOLORITA C. BEATINGO, PETITIONER, VS. LILIA BU GASIS, RESPONDENT.

  • [G.R. No. 177407, February 09 : 2011] RICO ROMMEL ATIENZA, PETITIONER, VS. BOARD OF MEDICINE AND EDITHA SIOSON, RESPONDENTS.

  • [G.R. No. 177407, February 09 : 2011] RICO ROMMEL ATIENZA, PETITIONER, VS. BOARD OF MEDICINE AND EDITHA SIOSON, RESPONDENTS.

  • [G.R. No. 188802, February 14 : 2011] REVELINA LIMSON, PETITIONER, VS. WACK WACK CONDOMINIUM CORPORATION, RESPONDENT.

  • [G.R. No. 175514, February 14 : 2011] PHILIPPINE BANK OF COMMUNICATIONS, PETITIONER, VS. SPOUSES JOSE C. GO AND ELVY T. GO, RESPONDENTS.

  • [G.R. No. 174104, February 14 : 2011] INSURANCE OF THE PHILIPPINE ISLANDS CORPORATION, PETITIONER, VS. SPOUSES VIDAL S. GREGORIO AND JULITA GREGORIO, RESPONDENTS.

  • [G.R. No. 183906, February 14 : 2011] AFP MUTUAL BENEFIT ASSOCIATION, INC., PETITIONER, VS. REGIONAL TRIAL COURT, MARIKINA CITY, BRANCH 193 AND SOLID HOMES, INC., RESPONDENTS

  • [G.R. No. 188487, February 14 : 2011] VAN D. LUSPO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R. NO. 188541] SUPT. ARTURO H. MONTANO AND MARGARITA TUGAOEN, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R. NO. 188556] C/INSP. SALVADOR C. DURAN, SR., PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 172203, February 14 : 2011] DIONISIO LOPEZ Y ABERASTURI, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND SALVADOR G. ESCALANTE, JR., RESPONDENTS.

  • [G.R. No. 171165, February 14 : 2011] CAROLINA HERNANDEZ-NIEVERA, DEMETRIO P. HERNANDEZ, JR., AND MARGARITA H. MALVAR, PETITIONERS, VS. WILFREDO HERNANDEZ, HOME INSURANCE AND GUARANTY CORPORATION, PROJECT MOVERS REALTY AND DEVELOPMENT CORPORATION, MARIO P. VILLAMOR AND LAND BANK OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 193459, February 15 : 2011] MA. MERCEDITAS N. GUTIERREZ PETITIONER, VS. THE HOUSE OF REPRESENTATIVES COMMITTEE ON JUSTICE, RISA HONTIVEROS-BARAQUEL, DANILO D. LIM, FELIPE PESTA√ĎO, EVELYN PESTA√ĎO, RENATO M. REYES, JR., SECRETARY GENERAL OF BAGONG ALYANSANG MAKABAYAN (BAYAN); MOTHER MARY JOHN MANANZAN, CO-CHAIRPERSON OF PAGBABAGO; DANILO RAMOS, SECRETARY-GENERAL OF KILUSANG MAGBUBUKID NG PILIPINAS (KMP); ATTY. EDRE OLALIA, ACTING SECRETARY GENERAL OF THE NATIONAL UNION OF PEOPLE'S LAWYERS (NUPL); FERDINAND R. GAITE, CHAIRPERSON, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE); AND JAMES TERRY RIDON OF THE LEAGUE OF FILIPINO STUDENTS (LFS), RESPONDENTS. FELICIANO BELMONTE, JR., RESPONDENT-INTERVENOR.

  • [G.R. No. 176951, February 15 : 2011] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TRE√ĎAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TRE√ĎAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF BAYBAY, PROVINCE OF LEYTE; MUNICIPALITY OF BOGO, PROVINCE OF CEBU; MUNICIPALITY OF CATBALOGAN, PROVINCE OF WESTERN SAMAR; MUNICIPALITY OF TANDAG, PROVINCE OF SURIGAO DEL SUR; MUNICIPALITY OF BORONGAN, PROVINCE OF EASTERN SAMAR; AND MUNICIPALITY OF TAYABAS, PROVINCE OF QUEZON, RESPONDENTS. [G.R. NO. 177499] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TRE√ĎAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TRE√ĎAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF LAMITAN, PROVINCE OF BASILAN; MUNICIPALITY OF TABUK, PROVINCE OF KALINGA; MUNICIPALITY OF BAYUGAN, PROVINCE OF AGUSAN DEL SUR; MUNICIPALITY OF BATAC, PROVINCE OF ILOCOS NORTE; MUNICIPALITY OF MATI, PROVINCE OF DAVAO ORIENTAL; AND MUNICIPALITY OF GUIHULNGAN, PROVINCE OF NEGROS ORIENTAL, RESPONDENTS. [G.R. NO. 178056] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TRE√ĎAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TRE√ĎAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF CABADBARAN, PROVINCE OF AGUSAN DEL NORTE; MUNICIPALITY OF CARCAR, PROVINCE OF CEBU; MUNICIPALITY OF EL SALVADOR, PROVINCE OF MISAMIS ORIENTAL; MUNICIPALITY OF NAGA, CEBU; AND DEPARTMENT OF BUDGET AND MANAGEMENT, RESPONDENTS.

  • [A.M. No. MTJ-08-1710 [Formerly A.M. OCA IPI No. 08-2029-MTJ], February 15 : 2011] RENE C. RICABLANCA, COMPLAINANT, VS. JUDGE HECTOR B. BARILLO, RESPONDENT.

  • [G.R. No. 153690, February 15 : 2011] DAVID LU, PETITIONER, VS. PATERNO LU YM, SR., PATERNO LU YM, JR., VICTOR LU YM, JOHN LU YM, KELLY LU YM, AND LUDO & LUYM DEVELOPMENT CORPORATION, RESPONDENTS. [G.R. NO. 157381] PATERNO LU YM, SR., PATERNO LU YM, JR., VICTOR LU YM, JOHN LU YM, KELLY LU YM, AND LUDO & LUYM DEVELOPMENT CORPORATION, PETITIONERS, VS. DAVID LU, RESPONDENT. [G.R. NO. 170889] JOHN LU YM AND LUDO & LUYM DEVELOPMENT CORPORATION, PETITIONERS, VS. THE HONORABLE COURT OF APPEALS OF CEBU CITY (FORMER TWENTIETH DIVISION), DAVID LU, ROSA GO, SILVANO LUDO & CL CORPORATION, RESPONDENTS.

  • [G.R. Nos. 171947-48, February 15 : 2011] METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DEPARTMENT OF EDUCATION, CULTURE AND SPORTS,[1] DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF BUDGET AND MANAGEMENT, PHILIPPINE COAST GUARD, PHILIPPINE NATIONAL POLICE MARITIME GROUP, AND DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, PETITIONERS, VS. CONCERNED RESIDENTS OF MANILA BAY, REPRESENTED AND JOINED BY DIVINA V. ILAS, SABINIANO ALBARRACIN, MANUEL SANTOS, JR., DINAH DELA PE√ĎA, PAUL DENNIS QUINTERO, MA. VICTORIA LLENOS, DONNA CALOZA, FATIMA QUITAIN, VENICE SEGARRA, FRITZIE TANGKIA, SARAH JOELLE LINTAG, HANNIBAL AUGUSTUS BOBIS, FELIMON SANTIAGUEL, AND JAIME AGUSTIN R. OPOSA, RESPONDENTS.

  • [A.M. No. RTJ-11-2266 [FORMERLY A.M. OCA IPI NO. 09-3320-RTJ], February 15 : 2011] JOSEPHINE JAZMINES TAN, COMPLAINANT, VS. JUDGE SIBANAH E. USMAN, REGIONAL TRIAL COURT, BRANCH 29, CATBALOGAN, SAMAR, RESPONDENT.

  • [G.R. No. 166495, February 16 : 2011] ROQUE C. FACURA AND EDUARDO F. TUASON, PETITIONERS, VS. COURT OF APPEALS, RODOLFO S. DE JESUS AND EDELWINA DG. PARUNGAO, RESPONDENTS. [G.R. No. 184129] RODOLFO S. DE JESUS, PETITIONER, VS. OFFICE OF THE OMBUDSMAN, EDUARDO F. TUASON, LOCAL WATER UTILITIES ADMINISTRATION (LWUA), REPRESENTED BY ITS NEW ADMINISTRATOR ORLANDO C. HONDRADE, RESPONDENTS. [G.R. No. 184263] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. EDELWINA DG. PARUNGAO, AND THE HONORABLE COURT OF APPEALS (FORMER 7TH DIVISION), RESPONDENTS.

  • [G.R. No. 188902, February 16 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROBERTO LOPEZ Y CABAL, APPELLANT.

  • [G.R. No. 182070, February 16 : 2011] E.G & I. CONSTRUCTION CORPORATION AND EDSEL GALEOS, PETITIONERS, VS. ANANIAS P. SATO, NILO BERDIN, ROMEO M. LACIDA, JR., AND HEIRS OF ANECITO S. PARANTAR, SR., NAMELY: YVONNE, KIMBERLY MAE, MARYKRIS, ANECITO, JR., AND JOHN BRYAN, ALL SURNAMED PARANTAR, RESPONDENTS.

  • [G.R. No. 184007, February 16 : 2011] PAQUITO V. ANDO, PETITIONER, VS. ANDRESITO Y. CAMPO, ET AL., RESPONDENTS.

  • [G.R. No. 171328, February 16 : 2011] LYZAH SY FRANCO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R. NO. 171335 ] STEVE BESARIO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A.M. No. 09-7-284-RTC, February 16 : 2011] RE: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT - BRANCH 56, MANDAUE CITY, CEBU.

  • [G.R. No. 192251, February 16 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BARANGAY CAPTAIN TONY TOMAS, SR., BENEDICTO DOCTOR, AND NESTOR GATCHALIAN, ACCUSED-APPELLANTS.

  • [G.R. No. 183390, February 16 : 2011] PLASTIMER INDUSTRIAL CORPORATION AND TEO KEE BIN, PETITIONERS, VS. NATALIA C. GOPO, KLEENIA R. VELEZ, FILEDELFA T. AMPARADO, MIGNON H. JOSEPH, AMELIA L. CANDA, MARISSA D. LABUNOS, MELANIE T. CAYABYAB, MA. CORAZON DELA CRUZ, AND LUZVIMINDA CABASA, RESPONDENTS.

  • [A.M. No. RTJ-11-2272 (Formerly A.M. OCA IPI No. 07-2559-RTJ), February 16 : 2011] MARCIANO ALCARAZ, COMPLAINANT, VS. JUDGE FATIMA GONZALES-ASDALA, REGIONAL TRIAL COURT, BRANCH 87, QUEZON CITY, RESPONDENT.

  • [G.R. No. 189328, February 21 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ARNOLD PELIS, APPELLANT.

  • [G.R. Nos. 182539-40, February 21 : 2011] ANTONIO Y. DE JESUS, SR., ANATOLIO A. ANG AND MARTINA S. APIGO, PETITIONERS, VS. SANDIGANBAYAN-FOURTH DIVISION AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 181201, February 21 : 2011] UNIVERSITY OF MINDANAO, INC., DR. GUILLERMO P. TORRES, JR., ATTY. VICTOR NICASIO P. TORRES, NANCY C. TE ENG FO, FE AZUCENA MARCELINO, EVANGELINE F. MAGALLANES, CARMENCITA E. VIDAMO, CARMICHAEL E. VIDAMO, ANTONIO M. PILPIL, SATURNINO PETALCORIN, REYNALDO M. PETALCORIN, LILIAN M. PETALCORIN-CASTILLO, MARY ANN M. PETALCORIN-RAS, VITALIANO MALAYO, JR., NERI FILIPINAS, NATIVIDAD MIRANDA, ANTONIO N. FERRER, JR., PETITIONERS, VS. PHILIPPINE DEPOSIT INSURANCE CORPORATION, RESPONDENT.

  • [G.R. No. 188323, February 21 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. CHARLIE ABA√ĎO Y CA√ĎARES, APPELLANT.

  • [G.R. No. 188108, February 21 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EVILIO MILAGROSA, APPELLANT.

  • [G.R. No. 189294, February 21 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. HERMINIANO MARZAN Y OLONAN, APPELLANT.

  • [G.R. Nos. 190580-81, February 21 : 2011] LIBERATO M. CARABEO, PETITIONER, VS. THE HONORABLE SANDIGANBAYAN (FOURTH DIVISION) AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [A.C. No. 5834 (formerly CBD-01-861), February 22 : 2011] TERESITA D. SANTECO, COMPLAINANT, VS. ATTY. LUNA B. AVANCE, RESPONDENT.

  • [G.R. No. 192793, February 22 : 2011] FESTO R. GALANG, JR., PETITIONER, VS. HON. RAMIRO R. GERONIMO, AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF ROMBLON, BRANCH 81; AND NICASIO M. RAMOS, RESPONDENTS.

  • [A.M. No. MTJ-01-1362(formerly A.M. No. 01-2-49-RTC), February 22 : 2011] JUDGE NAPOLEON E. INOTURAN, REGIONAL TRIAL COURT, BRANCH 133, MAKATI CITY, VS. JUDGE MANUEL Q. LIMSIACO, JR., MUNICIPAL CIRCUIT TRIAL COURT, VALLADOLID, SAN ENRIQUE-PULUPANDAN, NEGROS OCCIDENTAL, RESPONDENT. A.M. No. MTJ-11-1785(formerly A.M. OCA IPI No. 07-1945-MTJ) SANCHO E. GUINANAO, COMPLAINANT, VS. JUDGE MANUEL Q. LIMSIACO, JR., MUNICIPAL CIRCUIT TRIAL COURT, VALLADOLID, SAN ENRIQUE-PULUPANDAN, NEGROS OCCIDENTAL, RESPONDENT.

  • [G.R. No. 183528, February 23 : 2011] PACIFIC UNION INSURANCE COMPANY, PETITIONER, VS. CONCEPTS & SYSTEMS DEVELOPMENT, INCORPORATED AND COURT OF APPEALS (FIFTEENTH DIVISION), RESPONDENTS.

  • [G.R. No. 184274, February 23 : 2011] MARK SOLEDAD Y CRISTOBAL, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 189281, February 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROMEO ANCHES, APPELLANT.

  • [G.R. No. 186271, February 23 : 2011] CHATEAU DE BAIE CONDOMINIUM CORPORATION, PETITIONER, VS. SPS. RAYMOND AND MA. ROSARIO MORENO, RESPONDENTS.

  • [G.R. No. 180257, February 23 : 2011] EUSEBIO GONZALES, PETITIONER, VS. PHILIPPINE COMMERCIAL AND INTERNATIONAL BANK, EDNA OCAMPO, AND ROBERTO NOCEDA, RESPONDENTS.

  • [G.R. No. 166109, February 23 : 2011] EXODUS INTERNATIONAL CONSTRUCTION CORPORATION AND ANTONIO P. JAVALERA, PETITIONERS, VS. GUILLERMO BISCOCHO, FERNANDO PEREDA, FERDINAND MARIANO, GREGORIO BELLITA AND MIGUEL BOBILLO, RESPONDENTS.

  • [G.R. No. 161282, February 23 : 2011] FGU INSURANCE CORPORATION (NOW BPI/MS INSURANCE CORPORATION), PETITIONER, VS. REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 66, AND G.P. SARMIENTO TRUCKING CORPORATION, RESPONDENTS.

  • [G.R. No. 184879, February 23 : 2011] REPUBLIC OF THE PHILIPPINES (DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS), PETITIONER, VS. CITY OF MANDALUYONG, RESPONDENT.

  • [G.R. No. 187208, February 23 : 2011] CEFERINA LOPEZ TAN PETITIONER, VS. SPOUSES APOLINAR P. ANTAZO AND GENOVEVA O. ANTAZO RESPONDENTS.

  • [G.R. No. 177190, February 23 : 2011] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. HON. ERNESTO P. PAGAYATAN, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 46, SAN JOSE, OCCIDENTAL MINDORO; AND JOSEFINA S. LUBRICA, IN HER CAPACITY AS ASSIGNEE OF FEDERICO SUNTAY, RESPONDENTS.

  • [G.R. No. 186614, February 23 : 2011] NATIONWIDE SECURITY AND ALLIED SERVICES, INC., PETITIONER, VS. RONALD P. VALDERAMA, RESPONDENT.

  • [G.R. No. 187256, February 23 : 2011] CONSTANCIO F. MENDOZA AND SANGGUNIANG BARANGAY OF BALATASAN, BULALACAO, ORIENTAL MINDORO, PETITIONERS, VS. MAYOR ENRILO VILLAS AND BRGY. KAGAWAD LIWANAG HERATO AND MARLON DE CASTRO, MANAGER, PINAMALAYAN BRANCH, LAND BANK OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 178060, February 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROMEO DANSICO Y MONAY A.K.A. "LAMYAK" AND AUGUSTO CUADRA Y ENRIQUEZ, APPELLANTS.

  • [G.R. No. 181041, February 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. FABIAN G. ROMERO, APPELLANT.

  • [G.R. No. 184922, February 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. PORFERIO MASAGCA, JR. Y PADILLA, APPELLANT.

  • [G.R. No. 157547, February 23 : 2011] HEIRS OF EDUARDO SIMON, PETITIONERS, VS. ELVIN* CHAN AND THE COURT OF APPEALS, RESPONDENT.

  • [G.R. No. 178544, February 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. MANUEL PALOMA Y ESPINOSA, APPELLANT.

  • [G.R. No. 187077, February 23 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALEX CONDES Y GUANZON, ACCUSED-APPELLANT.

  • [G.R. No. 188630, February 23 : 2011] FILOMENA L. VILLANUEVA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 182332, February 23 : 2011] MILESTONE FARMS, INC., PETITIONER, VS. OFFICE OF THE PRESIDENT, RESPONDENT.

  • [G.R. No. 171726, February 23 : 2011] VICENTE YU CHANG AND SOLEDAD YU CHANG, PETITIONERS, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 169754, February 23 : 2011] LEGEND INTERNATIONAL RESORTS LIMITED, PETITIONER, VS. KILUSANG MANGGAGAWA NG LEGENDA (KML- INDEPENDENT), RESPONDENT.

  • [G.R. No. 156448, February 23 : 2011] SPS. MOISES AND CLEMENCIA ANDRADA, PETITIONERS, VS. PILHINO SALES CORPORATION, REPRESENTED BY ITS BRANCH MANAGER, JOJO S. SAET, RESPONDENT.

  • [G.R. No. 159402, February 23 : 2011] AIR TRANSPORTATION OFFICE, PETITIONER, VS. SPOUSES DAVID* AND ELISEA RAMOS, RESPONDENTS.

  • [G.R. No. 179242, February 23 : 2011] AVELINA F. SAGUN, PETITIONER, VS. SUNACE INTERNATIONAL MANAGEMENT SERVICES, INC., RESPONDENT.

  • [G.R. No. 165617, February 25 : 2011] SUPREME TRANSLINER, INC., MOISES C. ALVAREZ AND PAULITA S. ALVAREZ, PETITIONERS, VS. BPI FAMILY SAVINGS BANK, INC., RESPONDENT. [G.R. No. 165837] BPI FAMILY SAVINGS BANK, INC., PETITIONER, VS. SUPREME TRANSLINER, INC., MOISES C. ALVAREZ AND PAULITA S. ALVAREZ, RESPONDENTS.

  • [A.M. No. P-07-2325 (Formerly A.M. No. 06-3-208-RTC), February 28 : 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. ATTY. ROSARIO E. GASPAR, REGIONAL TRIAL COURT, BRANCH 2, BALANGA CITY, BATAAN, RESPONDENT.

  •  





     
     

    [G.R. No. 169871 : February 02, 2011]   PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSE N. MEDIADO, ACCUSED-APPELLANT.

     
    THIRD DIVISION

    [G.R. No. 169871 : February 02, 2011]

    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSE N. MEDIADO, ACCUSED-APPELLANT.

    D E C I S I O N


    BERSAMIN, J.:

    An accused who asserts self-defense admits his infliction of the fatal blows and bears the burden of satisfactorily establishing all the elements of self-defense. Otherwise, his conviction for the felony of murder or homicide will be affirmed.

    In this appeal, Jose N. Mediado (Jose) appeals the decision of the Court of Appeals (CA) finding him guilty beyond reasonable doubt of the crime of murder for the killing of Jimmy Llorin (Jimmy),[1] thereby affirming the decision of the Regional Trial Court, Branch 35, in Iriga City (RTC) convicting him of that felony and imposing on him the penalty of reclusion perpetua and the payment of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P24,000.00 as actual damages.[2]

    Antecedents

    At around 9:00 a.m. on March 20, 1997, Jimmy was having a conversation with Rodolfo Mediado (Rodolfo) at the dancing hall located in Pulang Daga, Balatan, Camarines Sur. He was around 35 meters away from Lilia, his wife, who was at a meeting of the Mr. and Mrs. Club in the barangay hall. At that moment, Lilia witnessed Jose emerge from behind Jimmy and hack Jimmy twice on the head with a bolo. She next saw Jose move to Jimmy's left side and continue hacking him although he had already fallen to the ground. Jose fled, but Juan Clorado (Clorado), a former barangay kagawad, ran after him.  Upon catching up, Clorado seized and took the bolo from Jose, and brought Jose to the PNP station in Balatan, Camarines Sur. Lilia believed that Jose fatally assaulted Jimmy for fear that he would report to the police authorities that Jose had attacked one Vicente Para√Īal during the town fiesta two days earlier.[3]

    Jose confessed to killing Jimmy but claimed that he did so only to defend himself and his father (Rodolfo). Jose related that he had passed by the barangay hall on his way to work, and had observed Jimmy punch Rodolfo and hit him with a stone; that Jimmy then picked up a stone and threw it at him (Jose); that to fend off the attack, he (Jose) unsheathed his bolo and hacked Jimmy until he fell to the ground; and that he remained in the place for ten minutes and later yielded to Clorado who accompanied him to the police station where he surrendered to Police Officer Ramon Maumay.[4]

    As stated, both the RTC and the CA rejected Jose's claim of self-defense and defense of a relative, and found that treachery was employed by Jose when he attacked Jimmy from behind.

    Hence, this appeal.

    We affirm the CA decision.

    We reiterate that findings of the CA upon factual matters are conclusive and ought not to be disturbed unless they are shown to be contrary to the evidence on record.[5] Here, Jose has not demonstrated to our satisfaction that the CA committed any reversible error in making its findings of fact against Jose.

    Specifically, the RTC and the CA correctly rejected Jose's claim of self-defense and defense of a relative because he did not substantiate it with clear and convincing proof.

    The Revised Penal Code delineates the standards for self-defense and defense of a relative in Article 11, viz:

    Article 11.  Justifying circumstances.  The following do not incur any criminal liability:

    1.  Anyone who acts in defense of his person or rights, provided that the following circumstances concur:

    First.  Unlawful aggression;

    Second. Reasonable necessity of the means employed to prevent or repel it;

    Third. Lack of sufficient provocation on the part of the person defending himself."

    2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making defense had no part therein.

    xxx

    Indeed, upon invoking the justifying circumstance of self-defense, Jose assumed the burden of proving the justification of his act with clear and convincing evidence.  This is because his having admitted the killing required him to rely on the strength of his own evidence, not on the weakness of the Prosecution's evidence, which, even if it were weak, could not be disbelieved in view of his admission.[6]

    It is also notable that unlawful aggression is the condition sine qua non for the justifying circumstances of self-defense and defense of a relative. There can be no self-defense unless the victim committed unlawful aggression against the person who resorted to self-defense.[7] As the CA pointed out, however, Jose did not support his claim that Jimmy had committed aggression by punching Rodolfo and by throwing stones at him and his father.[8] In fact, he and his father were not able to identify any weapon used by Jimmy aside from the stone that he supposedly picked up from the ground. Even that testimony was contrary, for Jose testified that he had unsheathed his bolo and hacked Jimmy after dodging the stone thrown at him. Plainly, he did not establish with clear and convincing proof that Jimmy had assaulted him or his father as to pose to either of them an imminent threat of great harm before he mounted his own attack on Jimmy.

    Moreover, the post-mortem examination disclosed that Jimmy had sustained a total of seven wounds: two incised wounds and five hack wounds.[9] Three of the hack wounds were inflicted on Jimmy's neck, one of which fatally extended to and cut the trachea, esophagus, and the carotid and jugular vessels that supplied blood to the heart and brain of Jimmy.[10] Dr. Moll Lee, the medico-legal expert, opined at the trial that the injuries were possibly sustained by Jimmy from the assailant who was behind him and while he was already down.[11] This opinion was consistent with Lilia's testimony to the effect that Jose had attacked Jimmy from behind as well as when Jimmy was already lying on the ground.[12] The nature, number, and gravity of Jimmy's wounds spoke not of defense on the part of Jose but of a criminal intent to kill Jimmy.[13] They indicated beyond doubt the treacherous manner of the assault, that is, that Jose thereby ensured that the killing would be without risk and would deny to Jimmy any opportunity to defend himself.[14]

    Lastly, the testimonies of Jose and Rodolfo were infected with inconsistencies. For one, Rodolfo did not mention that his son had carried a bolo during the incident; instead, Rodolfo recalled that Jose and Jimmy had engaged in a fistfight. [15] Also, Rodolfo's claim that he chose to return home after being badly hurt from Jimmy's attack was unnatural, for, if that were true, he was thereby unnaturally leaving his son to engage the attacker alone.

    We modify the award of damages to make their amounts consistent with the law and jurisprudence relating to an accused adjudged guilty of a crime covered by Republic Act No. 7659,[16] regardless of aggravating or mitigating circumstances.[17] The correct amounts are P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P30,000.00 as exemplary damages, all to be granted without proof or pleading.  In addition, the Court notes that actual damages awarded to the heirs was only P24,000.00.  In furtherance of justice and consistent with our ruling in People v. Villanueva[18] that when actual damages proven by receipts is lower than P25,000.00, the award of P25,000.00 as temperate damages is justified in lieu of actual damages of a lesser amount.[19]

    WHEREFORE, the Court affirms the Decision promulgated on May 19, 2005 in C.A.-G.R. CR.-H.C. No. 00589 entitled People of the Philippines v. Jose Mediado, subject to the modification that Jose N. Mediado is ordered to indemnify the heirs of Jimmy Llorin in the amounts of P75,000.00 as civil indemnity; P75,000.00 as moral damages; P30,000.00 as exemplary damages; and P25,000.00 as temperate damages.

    SO ORDERED.

    Carpio Morales, (Chairperson), Brion, Villarama, Jr., and Sereno, JJ., concur.

    Endnotes:


    [1]  Rollo, pp. 3-16; penned by Associate Justice Noel J. Tijam, with Associate Justice Jose L. Sabio, Jr.  (retired) and Associate Justice Mariflor P. Punzalan Castillo, concurring.

    [2] CA Rollo, pp. 55-66; penned by Presiding Judge Alfredo D. Agawa.

    [3] TSN dated July 26, 2000, pp. 4-11.

    [4] TSN dated August 27, 1998, pp. 3-8.

    [5] People v. Torrefiel, G.R. No. 115431, April 18, 1996, 256 SCRA 369, 379.

    [6] People v. Tanduyan, G. R. No. 108784, September 13, 1994, 236 SCRA 433; People v. Qui√Īo, G.R. No. 105580, May 17, 1994, 232 SCRA 400;.People v. Molina, G.R. No. 59436, August 28, 1992, 213 SCRA 52; People v. Boholst-Caballero, G.R. No. 23249, November 25, 1974, 61 SCRA 180; People v. Dorico, G.R. No. L-31568, November 29, 1973, 54 SCRA 172; People v. Embalido, 58 Phil. 152 (1933); People vs. Gutierrez, 53 Phil. 609 (1929); People v. Baguio, 43 Phil. 683 (1922); United States v. Capisonda, 1 Phil. 575 (1902).

    [7] Razon v. People, G.R. No. 158053, June 21, 2007, 525 SCRA 284, 298.

    [8] Rollo, p. 12.

    [9]  TSN dated July 20, 2000, p. 15.

    [10]  Records, p. 19; See also testimony of Dr. Wilson C. Moll Lee, TSN dated July 20, 2000, p. 11.

    [11]  TSN, dated July 20, 2000, pp. 9-13.

    [12]  Supra at note 3.

    [13]  People v. Albao, G.R. No. 117481, March 6, 1998, 287 SCRA 129.

    [14]  See People v. Beltran, Jr., G.R. No. 168051, September 27, 2006, 503 SCRA 715; People v. Cabansay, G.R. No. 138646, March 6, 2001, 353 SCRA 686; and People v. Basadre, G.R. No. 131851, February 22, 2001, 352 SCRA 573, 585.

    [15] TSN dated December 10, 1998, p. 6-7.

    [16] An Act to Impose the Death Penalty on Certain Heinous Crimes, Amending for that Purpose the Revised Penal Laws, and for other Purposes.

    [17]  People v. Arbalate, G.R. No. 183457, September 17, 2009, 600 SCRA 239, 255.

    [18]  456 Phil. 14 (2003).

    [19]  Id. at 29.

    [G.R. No. 169871 : February 02, 2011]   PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSE N. MEDIADO, ACCUSED-APPELLANT.


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