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October-2011 Jurisprudence                 

  • [G.R. No. 179195 : October 03, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ANGELINO YANSON, APPELLANT.

  • [G.R. No. 177218 : October 03, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. NOEL T. SALES, APPELLANT.

  • [G.R. No. 168552 : October 03, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JERRY JACALNE Y GUTIERREZ, ACCUSED-APPELLANT.

  • [G.R. Nos. 156556-57 : October 04, 2011] ENRIQUE U. BETOY, PETITIONER, VS. THE BOARD OF DIRECTORS, NATIONAL POWER CORPORATION, RESPONDENT.

  • [G.R. No. 194143 : October 04, 2011] SALVADOR D. VIOLAGO, SR., PETITIONER, VS. COMMISSION ON ELECTIONS AND JOAN V. ALARILLA, RESPONDENTS.

  • [A.M. No. 2011-07-SC : October 04, 2011] SUPREME COURT, COMPLAINANT, VS. EDDIE V. DELGADO, UTILITY WORKER II, JOSEPH LAWRENCE M. MADEJA, CLERK IV, AND WILFREDO A. FLORENDO, UTILITY WORKER II, ALL OF THE OFFICE OF THE CLERK OF COURT, SECOND DIVISION RESPONDENTS.

  • [A.M. No. RTJ- 04-1845 [FORMERLY A.M. NO. IPI NO. 03-1831-RTJ] : October 05, 2011] ATTY. FRANKLIN G. GACAL, COMPLAINANT, VS. JUDGE JAIME I. INFANTE, REGIONAL TRIAL COURT, BRANCH 38, IN ALABEL, SARANGANI, RESPONDENT.

  • [A.C. No. 9000 : October 05, 2011] TOMAS P. TAN, JR., COMPLAINANT, VS. ATTY. HAIDE V. GUMBA, RESPONDENT.

  • [G.R. No. 184757 : October 05, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ANICETO BULAGAO, ACCUSED-APPELLANT.

  • [G.R. No. 182946 : October 05, 2011] ALCATEL PHILIPPINES, INC., PETITIONER, VS. I.M. BONGAR & CO., INC. AND STRONGHOLD INSURANCE CO., INC., RESPONDENTS.

  • [G.R. No. 182902 : October 05, 2011] VIRRA MALL TENANTS ASSOCIATION, INC., PETITIONER, VS. VIRRA MALL GREENHILLS ASSOCIATION, INC., LOLITA C. REGALADO, ANNIE L. TRIAS, WILSON GO, PABLO OCHOA, JR., BILL OBAG AND GEORGE V. WINTERNITZ, RESPONDENTS.

  • [G.R. No. 182848 : October 05, 2011] EMIRATE SECURITY AND MAINTENANCE SYSTEMS, INC. AND ROBERTO A. YAN, PETITIONERS, VS. GLENDA M. MENESE, RESPONDENT.

  • [G.R. No. 180504 : October 05, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDWIN ULAT Y AGUINALDO @ PUDONG, ACCUSED-APPELLANT

  • [G.R. No. 180497 : October 05, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. PATRICIO TAGUIBUYA, ACCUSED-APPELLANT.

  • [G.R. No. 178321 : October 05, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CONRADO LAOG Y RAMIN, ACCUSED-APPELLANT.

  • [G.R. No. 172954 : October 05, 2011] ENGR. JOSE E. CAYANAN, PETITIONER, VS. NORTH STAR INTERNATIONAL TRAVEL, INC., RESPONDENT.

  • [G.R. No. 170512 : October 05, 2011] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. ANTONIO T. REYES, RESPONDENT.

  • [G.R. No. 169293 : October 05, 2011] DEVELOPMENT BANK OF THE PHILIPPINES, PETITIONER, VS. TRAVERSE DEVELOPMENT CORPORATION AND CENTRAL SURETY AND INSURANCE COMPANY, RESPONDENTS.

  • [G.R. No. 169042 : October 05, 2011] ERDITO QUARTO, PETITIONER, VS. THE HONORABLE OMBUDSMAN SIMEON MARCELO, CHIEF SPECIAL PROSECUTOR DENNIS VILLA IGNACIO, LUISITO M. TABLAN, RAUL B. BORILLO, AND LUIS A. GAYYA, RESPONDENTS.

  • [G.R. No. 159328 : October 05, 2011] HEIRS OF ANTONIO FERAREN, REPRESENTED BY ANTONIO FERAREN, JR., JUSTINA FERAREN-TABORA, LEAH FERAREN-HONASAN, ELIZABETH MARIE CLAIRE FERAREN-ARRASTIA, MA. TERESA FERAREN-GONZALES, JOHANNA MICHELYNNE FERAREN YABUT, SCHELMA ANTONETTE FERAREN-MENDOZA AND JUAN MIGUEL FERAREN YABUT, PETITIONERS, VS. COURT OF APPEALS (FORMER 12TH DIVISION) AND CECILIA TADIAR, RESPONDENTS.

  • [G.R. No. 154559 : October 05, 2011] THE LAW FIRM OF RAYMUNDO A. ARMOVIT, PETITIONER, VS. COURT OF APPEALS AND BENGSON COMMERCIAL BUILDING, INC., RESPONDENTS.

  • [A.M. No. P-09-2716 : October 11, 2011] TERESITA GUERRERO-BOYLON, COMPLAINANT, VS. ANICETO BOYLES, SHERIFF III, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 2, CEBU CITY, RESPONDENT.

  • [G.R. No. 174476 : October 11, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARNOLD T. AGCANAS, ACCUSED-APPELLANT.

  • [A.C. No. 6655 : October 11, 2011] PACITA CAALIM-VERZONILLA, COMPLAINANT, VS. ATTY. VICTORIANO G. PASCUA, RESPONDENT.

  • [G.R. No. 177807 : October 11, 2011] EMILIO GANCAYCO, PETITIONER, VS. CITY GOVERNMENT OF QUEZON CITY AND METRO MANILA DEVELOPMENT AUTHORITY, RESPONDENTS. [G.R. NO. 177933] METRO MANILA DEVELOPMENT AUTHORITY, PETITIONER, VS. JUSTICE EMILIO A. GANCAYCO (RETIRED), RESPONDENT,

  • [G.R. Nos. 187117 and 187127 : October 12, 2011] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. HON. JOSE D. AZARRAGA AND JOHN REY PREVENDIDO, RESPONDENTS.

  • [G.R. No. 195033 : October 12, 2011] AGG TRUCKING AND/OR ALEX ANG GAEID, PETITIONERS, VS. MELANIO B. YUAG, RESPONDENT.

  • [G.R. No. 193185 : October 12, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RICARDO MONDEJAR Y BOCARILI, ACCUSED-APPELLANT.

  • [G.R. No. 192164 : October 12, 2011] REPUBLIC OF THE PHILIPPINES SUPREME COURT MANILA SECOND DIVISION ANSELMO DE LEON CUYO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A.C. No. 9081 : October 12, 2011] RODOLFO A. ESPINOSA AND MAXIMO A. GLINDO, COMPLAINANTS, VS. ATTY. JULIETA A. OMA—A, RESPONDENT.

  • [G.R. No. 195419 : October 12, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. HADJA JARMA LALLI Y PURIH, RONNIE ARINGOY Y MASION, AND NESTOR RELAMPAGOS (AT LARGE), ACCUSED. HADJA JARMA LALLI Y PURIH AND RONNIE ARINGOY Y MASION, ACCUSED-APPELLANTS.

  • [G.R. No. 189365 : October 12, 2011] HON. JUDGE JESUS B. MUPAS, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 112 AND CARMELITA F. ZAFRA, CHIEF ADMINISTRATIVE OFFICER, DSWD, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, THRU ITS DULY AUTHORIZED REPRESENTATIVE, THE LEGAL SERVICE OF THE DSWD, QUEZON CITY AND THE OFFICE OF THE SOLICITOR GENERAL, RESPONDENTS.

  • [G.R. No. 187497 : October 12, 2011] THE PEOPLE OF THE PHILIPPINES, APPELLEE, VS. MELANIO GALO ALIAS "DODO" AND "EDGAR," ALIAS "ALDO," ALIAS "YOCYOC," ALIAS "DODO," ALIAS "JIMMY," ALIAS "JOSEPH," ALIAS "DINDO," AND ALIAS "G.R.," ACCUSED, EDWIN VILLAMOR ALIAS "TATA," APPELLANT.

  • [G.R. No. 185833 : October 12, 2011] ROBERT TAGUINOD, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 183444 : October 12, 2011] DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, PETITIONER, VS. RONALDO E. QUIWA, DOING BUSINESS UNDER THE NAME "R.E.Q. CONSTRUCTION," EFREN N. RIGOR, DOING BUSINESSS UNDER THE NAME "CHIARA CONSTRUCTION," ROMEO R. DIMATULAC, DOING BUSINESS UNDER THE NAME "ARDY CONSTRUCTION" AND FELICITAS C. SUMERA, DOING BUSINESS UNDER THE NAME "F.C.S. CONSTRUCTION," REPRESENTED BY HER ATTORNEY-IN-FACT ROMEO M. DE LEON, RESPONDENTS.

  • [G.R. No. 181861 : October 17, 2011] RAUL DAVID, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 197042 : October 17, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JULIET OLACO Y POLER, ACCUSED-APPELLANT.

  • [A.C. No. 7241 [Formerly CBD Case No. 05-1506] : October 17, 2011] ATTY. FLORITA S. LINCO, COMPLAINANT, VS. ATTY. JIMMY D. LACEBAL, RESPONDENT.

  • [G.R. No. 171660 : October 17, 2011] CONTINENTAL CEMENT CORPORATION, PETITIONER, VS. ASEA BROWN BOVERI, INC., BBC BROWN BOVERI, CORP., AND TORD B. ERIKSON,? ? RESPONDENTS.

  • [G.R. No. 181881 : October 18, 2011] BRICCIO "RICKY" A. POLLO, PETITIONER, VS. CHAIRPERSON KARINA CONSTANTINO-DAVID, DIRECTOR IV RACQUEL DE GUZMAN BUENSALIDA, DIRECTOR IV LYDIA A. CASTILLO, DIRECTOR III ENGELBERT ANTHONY D. UNITE AND THE CIVIL SERVICE COMMISSION, RESPONDENTS.

  • [G.R. No. 196271 : October 18, 2011] DATU MICHAEL ABAS KIDA, IN HIS PERSONAL CAPACITY, AND IN REPRESENTATION OF MAGUINDANAO FEDERATION OF AUTONOMOUS IRRIGATORS ASSOCIATION, INC., HADJI MUHMINA J. USMAN, JOHN ANTHONY L. LIM, JAMILON T. ODIN, ASRIN TIMBOL JAIYARI, MUJIB M. KALANG, ALIH AL-SAIDI J. SAPI-E, KESSAR DAMSIE ABDIL, AND BASSAM ALUH SAUPI, PETITIONERS, VS. SENATE OF THE PHILIPPINES, REPRESENTED BY ITS PRESIDENT JUAN PONCE ENRILE, HOUSE OF REPRESENTATIVES, THRU SPEAKER FELICIANO BELMONTE, COMMISSION ON ELECTIONS, THRU ITS CHAIRMAN, SIXTO BRILLANTES, JR., PAQUITO OCHOA, JR., OFFICE OF THE PRESIDENT EXECUTIVE SECRETARY, FLORENCIO ABAD, JR., SECRETARY OF BUDGET, AND ROBERTO TAN, TREASURER OF THE PHILIPPINES, RESPONDENTS. [G.R. NO. 196305] BASARI D. MAPUPUNO, PETITIONER, VS. SIXTO BRILLANTES, IN HIS CAPACITY AS CHAIRMAN OF THE COMMISSION ON ELECTIONS, FLORENCIO ABAD, JR. IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, PACQUITO OCHOA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, JUAN PONCE ENRILE, IN HIS CAPACITY AS SENATE PRESIDENT, AND FELICIANO BELMONTE, IN HIS CAPACITY AS SPEAKER OF THE HOUSE OF REPRESENTATIVES, RESPONDENTS. [G.R. NO. 197221] REP. EDCEL C. LAGMAN, PETITIONER, VS. PAQUITO N. OCHOA, JR., IN HIS CAPACITY AS THE EXECUTIVE SECRETARY, AND THE COMMISSION ON ELECTIONS, RESPONDENTS. [G.R. NO. 197280] ALMARIM CENTI TILLAH, DATU CASAN CONDING CANA, AND PARTIDO DEMOKRATIKO PILIPINO LAKAS NG BAYAN (PDP-LABAN), PETITIONERS, VS. THE COMMISSION ON ELECTIONS, THROUGH ITS CHAIRMAN, SIXTO BRILLANTES, JR., HON. PAQUITO N. OCHOA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. FLORENCIO B. ABAD, JR., IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, AND HON. ROBERTO B. TAN, IN HIS CAPACITY AS TREASURER OF THE PHILIPPINES, RESPONDENTS. [G.R. NO. 197282] ATTY. ROMULO B. MACALINTAL, PETITIONER, VS. COMMISSION ON ELECTIONS AND THE OFFICE OF THE PRESIDENT, THROUGH EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., RESPONDENTS. LUIS "BAROK" BIRAOGO, PETITIONER, VS. THE COMMISSION ON ELECTIONS AND EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., RESPONDENTS. [G.R. NO. 197392] JACINTO V. PARAS, PETITIONER, VS. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., AND THE COMMISSION ON ELECTIONS, RESPONDENTS. [G.R. NO. 197454] MINORITY RIGHTS FORUM, PHILIPPINES, INC., RESPONDENTS-INTERVENOR.

  • [A.M. No. SCC-08-12 (FORMERLY OCA I.P.I. NO. 08-29-SCC) : October 19, 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE UYAG P. USMAN, PRESIDING JUDGE, SHARI'A CIRCUIT COURT, PAGADIAN CITY, RESPONDENT.

  • [G.R. Nos. 186659-710 : October 19, 2011] ZACARIA A. CANDAO, ABAS A. CANDAO AND ISRAEL B. HARON, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES AND SANDIGANBAYAN, RESPONDENTS.

  • [G.R. No. 184054 : October 19, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ARNEL ZAPATA Y CANILAO, APPELLANT.

  • [G.R. No. 183891 : October 19, 2011] ROMARICO J. MENDOZA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 183830 : October 19, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DELFIN CALISO, ACCUSED-APPELLANT.

  • [G.R. No. 179632 : October 19, 2011] SOUTHERN PHILIPPINES POWER CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 176884 : October 19, 2011] CARMELITO N. VALENZONA, PETITIONER, VS. FAIR SHIPPING CORPORATION AND/OR SEJIN LINES COMPANY LIMITED, RESPONDENTS.

  • [G.R. No. 176229 : October 19, 2011] HO WAI PANG, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 175497 : October 19, 2011] MARY JOY ANNE GUSTILO AND BONIFACIO M. PE√ĎA, PETITIONERS, VS. JOSE VICENTE GUSTILO III AND TERESITA YOUNG ALSO KNOWN AS TITA SY YOUNG, RESPONDENTS.

  • [G.R. No. 188072 : October 19, 2011] EMERITA M. DE GUZMAN, PETITIONER, VS. ANTONIO M. TUMOLVA, RESPONDENT.

  • [G.R. No. 193479 : October 19, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BERNARD G. MIRTO, ACCUSED-APPELLANT.

  • [G.R. No. 193872 : October 19, 2011] SIOCHI FISHERY ENTERPRISES, INC., JUN-JUN FISHING CORPORATION, DEDE FISHING CORPORATION, BLUE CREST AQUA-FARMS, INC., AND ILOILO PROPERTY VENTURES, INC., PETITIONERS, VS. BANK OF THE PHILIPPINE ISLANDS, RESPONDENT.

  • [G.R. No. 194076 : October 19, 2011] ALFAIS T. MUNDER, PETITIONER, VS. COMMISSION ON ELECTIONS AND ATTY. TAGO R. SARIP, RESPONDENTS. [G.R. No. 194160] ATTY. TAGO R. SARIP, PETITIONER, VS. ALFAIS T. MUNDER, OLOMODIN M. MACABALANG, JAMAL M. MANUA AND COMMISSION ON ELECTIONS, RESPONDENTS.

  • [A.M. No. P-10-2784 (Formerly A.M. No. 05-3-138-RTC) : October 19, 2011] FALSIFICATION OF DAILY TIME RECORDS OF MA. EMCISA A. BENEDICTOS, ADMINISTRATIVE OFFICER I, REGIONAL TRIAL COURT, MALOLOS CITY, BULACAN

  • [A.M. NO. MTJ-11-1793 [FORMERLY A.M. OCA IPI NO. 10-2238-MTJ] : October 19, 2011] ANTONIO Y. CABASARES, COMPLAINANT, VS. JUDGE FILEMON A. TANDINCO, JR., MUNICIPAL TRIAL COURT IN CITIES, 8TH JUDICIAL REGION, CALBAYOG CITY, WESTERN SAMAR, RESPONDENT.

  • [G. R. No. 193234 : October 19, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROBERTO MARTIN Y CASTANO, ACCUSED-APPELLANT.

  • [G.R. Nos. 191138-39 : October 19, 2011] MAGDALA MULTIPURPOSE & LIVELIHOOD COOPERATIVE AND SANLOR MOTORS CORP., PETITIONERS, VS. KILUSANG MANGGAGAWA NG LGS, MAGDALA MULTIPURPOSE & LIVELIHOOD CORPERATIVE (KMLMS) AND UNION MEMBERS/ STRIKERS, NAMELY: THOMAS PADULLON, HERBERT BAUTISTA, ARIEL DADIA, AVELINO PARENAS, DENNIS MONTEALEGRE, SONNY CONSTANTINO, SHANDY CONSTANTINO, JOSEPH PERNIA, PETER ALCOY, EDILBERTO CERILLE, FERNANDO LEONOR, TEOTIMAR REGINIO, ALBERTO BAJETA, ALLAN MENESES, RONEL FABUL, JESUS COMENDADOR, JERRY PERNIA, OSCAR RIVERA, LEO MELGAR, ENRICO LAYGO, RICKY PALMERO, ROWELL GARCIA, LEOPITO MERANO, ALEJANDRO DE LARA, JOEL GARCIA, BONIFACIO PEREDA, REMEGIO CONSTANTINO, DICKSON PILAPIL, RANDY CORDANO, DARIUS PILAPIL, VENICE LUCERO, GREGORIO REANZARES, EULOGIO REGINIO, MICHAEL JAVIER, DENNIS MOSQUERA, FREDDIE AZORES, ROGELIO CABRERA, AURELIO TAGUINOD, OSCAR TAGUINOD, DEWELL PILAPIL, JOEL MAS-ING, EDUARDO LOPEZ, GLICERIO REANZAREZ, JOSEPH FLORES,BUENATO CASAS, ROMEO AZAGRA, ALFREDO ROSALES, ESTELITO BAJETA, PEDY GEMINA, FERNANDO VELASCO, ALBERTO CANEZA, ALEJANDRO CERVANTES, ERICK CARVAJAL, RONALDO BERNADEZ, JERRY COROSA, JAYSON COROSA, JAYSON JUANSON, SHELLY NAREZ, EDGARDO GARCIA, ARIEL LLOSALA, ROMMEL ILAYA, RODRIGO PAULETE, MERVIN PANGUINTO, MARVIN SENATIN, JAYSON RILLORA, RAFAEL SARMIENTO, FREDERICK PERMEJO, NICOLAS BERNARDO, LEONCIO PAZ DE LEON, EDWARD DENNIS MANAHAN, ANTONIO BALDAGO, ALEXANDER BAJETA, RESPONDENTS.

  • [G.R. No. 188866 : October 19, 2011] PHILIPPINE ECONOMIC ZONE AUTHORITY, PETITIONER, VS. GREEN ASIA CONSTRUCTION & DEVELOPMENT CORPORATION REPRESENTED BY MR. RENATO P. LEGASPI, PRESIDENT/CEO, RESPONDENTS.

  • [G.R. No. 188851 : October 19, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MARCIANO DOLLANO, JR., ACCUSED-APPELLANT.

  • [A.C. No. 5325 : October 19, 2011] NEMESIO FLORAN AND CARIDAD FLORAN, COMPLAINANTS, VS. ATTY. ROY PRULE EDIZA, RESPONDENT.

  • [G.R. No. 174631 : October 19, 2011] JHORIZALDY UY, PETITIONER, VS. CENTRO CERAMICA CORPORATION AND/OR RAMONITA Y. SY AND MILAGROS U. GARCIA, RESPONDENTS.

  • [G.R. No. 172777 : October 19, 2011] BENJAMIN B. BANGAYAN, JR., PETITIONER, VS. SALLY GO BANGAYAN, RESPONDENT. [G.R. NO. 172792] RESALLY DE ASIS DELFIN, PETITIONER, VS. SALLY GO BANGAYAN, RESPONDENT.

  • [G.R. No. 172196 : October 19, 2011] ADELAIDA MENESES (DECEASED), SUBSTITUTED BY HER HEIR MARILYN M. CARBONEL-GARCIA, PETITIONER, VS. ROSARIO G. VENTUROZO, RESPONDENT.

  • [G.R. No. 168932, October 19, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CHARLIE BUTIONG, DEFENDANT-APPELLANT.

  • [G.R. No. 164301 : October 19, 2011] BANK OF THE PHILIPPINE ISLANDS, PETITIONER, VS. BPI EMPLOYEES UNION-DAVAO CHAPTER-FEDERATION OF UNIONS IN BPI UNIBANK, RESPONDENT.

  • [G.R. No. 161360 : October 19, 2011] ESTRELLA TIONGCO YARED (DECEASED) SUBSTITUTED BY CARMEN M. TIONGCO A.K.A. CARMEN MATILDE B. TIONGCO, PETITIONER, VS. JOSE B. TIONGCO AND ANTONIO G. DORONILA, JR., RESPONDENTS.

  • [G. R. No. 157139 : October 19, 2011] CARLOS COTIANGCO, LUCIO SALAS, EDITHA SALONOY, MA. FILIPINA CALDERON, ROSALINDA ABILAR, MEDARDA LARIBA, TITO GUTIERREZ, BENJAMIN LUCIANO, MYRNA FILAMOR AND MONIANA NAJARRO, PETITIONERS, VS. THE PROVINCE OF BILIRAN AND THE COURT OF APPEALS, RESPONDENTS.

  • [G.R. No. 152313 : October 19, 2011] REPUBLIC FLOUR MILLS CORPORATION, PETITIONER, VS. FORBES FACTORS, INC. RESPONDENT.

  • [G.R. No. 151993 : October 19, 2011] MARITIME FACTORS INC., PETITIONER, VS. BIENVENIDO R. HINDANG, RESPONDENT.

  • [G.R. No. 145817 : October 19, 2011] URBAN BANK, INC, PETITIONER, VS. MAGDALENO M. PE√ĎA, RESPONDENT. [G. R. NO. 145822] DELFIN C. GONZALEZ, JR., BENJAMIN L. DE LEON, AND ERIC L. LEE, PETITIONERS, VS. MAGDALENO M. PE√ĎA, RESPONDENT. [G. R. NO. 162562] MAGDALENO M. PE√ĎA, VS. URBAN BANK, INC., TEODORO BORLONGAN, DELFIN C. GONZALEZ, JR., BENJAMIN L. DE LEON, P. SIERVO H. DIZON, ERIC L. LEE, BEN T. LIM, JR., CORAZON BEJASA, AND ARTURO MANUEL, JR., RESPONDENTS.

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    [G.R. No. 197042 : October 17, 2011]   PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JULIET OLACO Y POLER, ACCUSED-APPELLANT.

     
    FIRST DIVISION

    [G.R. No. 197042 : October 17, 2011]

    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JULIET OLACO Y POLER, ACCUSED-APPELLANT.

    R E S O L U T I O N


    LEONARDO-DE CASTRO, J.:

    Before Us is an appeal filed by Juliet Olaco y Poler (Olaco) assailing the Decision[1] dated January 20, 2011 of the Court of Appeals in CA-G.R. CR.-H.C. No. 02756, which affirmed with modification the Decision dated March 5, 2007 of the Regional Trial Court (RTC) of Las Piñas City, Branch 198, in Criminal Case No. 04-0746.[2]  In the March 5, 2007 Decision, the RTC found Olaco guilty beyond reasonable doubt of the crime of Qualified Theft.

    In an Information dated August 24, 2004, Olaco was charged with Qualified Theft, committed as follows:

    That on or about the 21st day of August 2004, in the City of Las Pinas, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating with one alias Rena, Victor Catulong, Roland Baroga and alias Roger, whose true identities and whereabouts are still unknown and all of them mutually helping and aiding one another, accused OLACO being the housemaid of Ruben Vinluan y Torno, and as such enjoying the trust and confidence reposed upon her by her aforementioned employer, with intent to gain and without the knowledge and consent of the owner thereof and with grave abuse of confidence, did then and there willfully, unlawfully and feloniously take, steal, and carry away the following items, to wit:

                                                       
     
    ITEMS
    AMOUNT
    Three (3) Men's Necklace
     
    Two (2) Gold Necklaces
    P120,000.00
     
    One (1) White Gold Necklace
    60,000.00
    Three (3) Men's Bracelet
     
    Two (2) Gold Bracelets
    50,000.00
     
    One (1) Two-tone Bracelet (Gold and White Gold)
    45,000.00
     
    Ashworth Bracelet (brown)
    10,000.00
     
    US Dollar 1,000 cash, in peso equivalent
    55,000.00
     
    One Men's White Gold with 8 diamond (20K)
    120,000.00
     
    One (1) set Earring and Pendant
     
    Egg shape South Sea Pearl with diamonds
    60,000.00
     
    One (1) GUCCI Ladies Watch
    250,000.00
     
    One (1) DKNY Ladies Watch
    15,000.00
     
    One (1) Cartier Ladies Watch
    35,000.00
     
    One (1) set of Necklace & Bracelet 24K Gold
    40,000.00
     
    One (1) Solid Gold 24K Necklace
    25,000.00
     
    One (1) Pendant with 3 diamonds each .51K
    25,000.00
     
    One (1) Gold 18K Chain
    10,000.00
     
    One (1) 18K Gold Chain with Pendant
     
    Blessed Virgin
    18,000.00
     
    One (1) Bracelet 24K twisted design
    12,000.00
     
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    belonging to Ruben Vinluan y Torno to the damage and prejudice of the aforenamed owner thereof in the total amount of P972,100.00.[3]

    The case was docketed as Criminal Case No. 04-0746 before the RTC.

    When arraigned, Olaco pleaded not guilty.

    After trial on the merits, the RTC rendered a Decision on March 5, 2007, finding Olaco guilty and sentencing her thus:

    WHEREFORE, premises considered, this Court finds the accused JULIET OLACO y POLER GUILTY beyond reasonable doubt of the crime of Qualified Theft as defined and penalized under Article 310 of the Revised Penal Code, and hereby sentences said accused to suffer the penalty of reclusion perpetua. She is likewise ordered to indemnify the offended party in the sum of Nine Hundred Seventy-two Thousand One Hundred Pesos (Php972,100.00) representing the total value of the cash and jewelry taken by the accused without subsidiary imprisonment in case of insolvency, with costs.[4]

    On March 26, 2007, Olaco was committed to the Correctional Institution for Women in Mandaluyong City.[5]

    Olaco filed an appeal before the Court of Appeals, which was docketed as CA-G.R. CR.-H.C. No. 02756.  In a Decision promulgated on January 20, 2011, the appellate court denied Olaco's appeal and affirmed with modification the RTC judgment, to wit:

    WHEREFORE, premises considered, the appeal is DENIED. The Decision dated 05 March 2007 of the Regional Trial Court of Las Pinas City, Branch 198 in Crim. Case No. 04-0746 finding accused-appellant Juliet Olaco y Poler guilty beyond reasonable doubt of the crime of Qualified Theft under Article 310 of the Revised Penal Code and sentencing her to suffer the penalty of reclusion perpetua is hereby AFFIRMED with  MODIFICATION in that accused-appellant is hereby ordered to pay private complainant Ruben Vinluan the reduced amount of Php200,000.00, as actual damages.[6]

    However, in a letter[7] dated January 27, 2011, Rachel D. Ruelo, Superintendent IV of the Correctional Institution for Women, informed the Court of Appeals that Olaco had died on February 17, 2010.  A photocopy of Olaco's Death Certificate was attached to Ruelo's  letter.

    On February 2, 2011, Olaco's counsel still filed, on behalf of his deceased client, a Notice of Appeal,[8] which the Court of Appeals gave due course on February 8, 2011.  Accordingly, the appellate court directed its Judicial Records Division to elevate to us the original records in CA-G.R. CR.-H.C. No. 02756.[9]

    In a Resolution[10] dated July 18, 2011, we required Ruelo to submit a certified true copy of Olaco's death certificate from the local civil registrar within five days from notice.

    In compliance with the foregoing Resolution, Ruelo submitted on September 15, 2011 a certified true copy of Olaco's Death Certificate, issued by the Office of the Civil Registrar of Mandaluyong City.

    Given Olaco's death, we must now determine the fate of her appeal before us.

    Olaco's death on February 17, 2010, during the pendency of her appeal, extinguished not only her criminal liability for qualified theft committed against private complainant Ruben Vinluan, but also her civil liability, particularly the award for actual damages, solely arising from or based on said crime.

    According to Article 89(1) of the Revised Penal Code, criminal liability is totally extinguished:

    1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
    Applying the foregoing provision, we laid down the following guidelines in People v. Bayotas[11]:

    1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon.  As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

    2. Corollarily, the claim for civil liability survives notwithstanding the death of [the] accused, if the same may also be predicated on a source of obligation other than delict.  Article 1157 of the Civil Code enumerates these other sources of obligation from which the civil liability may arise as a result of the same act or omission:

      a)   Law
      b)   Contracts
      c)   Quasi-contracts

      x x x x

      e) Quasi-delicts

    3. Where the civil liability survives, as explained in Number 2 above, an action for recovery therefor may be pursued but only by way of filing a separate civil action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended.  This separate civil action may be enforced either against the executor/administrator or the estate of the accused, depending on the source of obligation upon which the same is based as explained above.

    4. Finally, the private offended party need not fear a forfeiture of his right to file this separate civil action by prescription, in cases where during the prosecution of the criminal action and prior to its extinction, the private-offended party instituted together therewith the civil action.  In such case, the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case, conformably with [the] provisions of Article 1155 of the Civil Code, that should thereby avoid any apprehension on a possible privation of right by prescription.[12]

    Clearly, it is already unnecessary for us to rule on Olaco's appeal. Olaco's appeal was still pending and no final judgment had been rendered against her at the time of her death.  Hence, whether or not Olaco was guilty of the crime charged had become irrelevant because even assuming that Olaco did incur criminal liability and civil liability ex delicto, these were totally extinguished by her death, following Article 89(1) of the Revised Penal Code and our disquisition in Bayotas.

    For the same reasons, the appealed Decision dated January 20, 2011 of the Court of Appeals in CA-G.R. CR.-H.C. No. 02756 - finding Olaco guilty of qualified theft, sentencing her to reclusion perpetua, and ordering her to pay private complainant Ruben Vinluan actual damages in the amount of P200,000.00 - had become ineffectual.

    WHEREFORE, in view of the death of accused-appellant Juliet Olaco y Poler, the Decision dated January 20, 2011 of the Court of Appeals in CA-G.R. CR.-H.C. No. 02756 is SET ASIDE and Criminal Case No. 04-0746 before the Regional Trial Court of Las Piñas City is DISMISSED. Costs de oficio.

    SO ORDERED.

    Corona, C.J.,  (Chairperson), Leonardo-De Castro, Peralta,* Del Castillo, and Villarama, Jr., JJ.

    Endnotes:


    * Per Special Order No. 1110 (Revised) dated September 30, 2011.

    [1] Rollo, pp. 2-26A; penned by Associate Justice Celia C. Librea-Leagogo with Associate Justices Remedios A. Salazar-Fernando and Michael P. Elbinias, concurring.

    [2] CA rollo, pp. 31-38.

    [3] Rollo, pp. 3-4.

    [4] CA rollo, p. 38.

    [5] Rollo, p. 31.

    [6] Id. at 24.

    [7] CA rollo, p. 141.

    [8] Id. at 138.

    [9] Id. at 144.

    [10] Rollo, p. 32.

    [11] G.R. No. 102007, September 2, 1994, 236 SCRA 239.

    [12] Id. at 255-256.

    [G.R. No. 197042 : October 17, 2011]   PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JULIET OLACO Y POLER, ACCUSED-APPELLANT.




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