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March-2012 Jurisprudence                 

  • [G.R. No. 152272 : March 05, 2012] JUANA COMPLEX I HOMEOWNERS ASSOCIATION, INC., ANDRES C. BAUTISTA, BRIGIDO DIMACULANGAN, DOLORES P. PRADO, IMELDA DE LA CRUZ, EDITHA C. DY, FLORENCIA M. MERCADO, LEOVINO C. DATARIO, AIDA A. ABAYON, NAPOLEON M. DIMAANO, ROSITA G. ESTIGOY AND NELSON A. LOYOLA, PETITIONERS, VS. FIL-ESTATE LAND, INC., FIL ESTATE ECOCENTRUM CORPORATION, LA PAZ HOUSING AND DEVELOPMENT CORPORATION, WARBIRD SECURITY AGENCY, ENRIQUE RIVILLA, MICHAEL E. JETHMAL AND MICHAEL ALUNAN, RESPONDENTS. [G. R. NO. 152397] FIL-ESTATE LAND, INC., FIL ESTATE ECOCENTRUM CORPORATION, LA PAZ HOUSING AND DEVELOPMENT CORPORATION, WARBIRD SECURITY AGENCY, ENRIQUE RIVILLA, MICHAEL E. JETHMAL AND MICHAEL ALUNAN, PETITIONERS, VS. JUANA COMPLEX I HOMEOWNERS ASSOCIATION, INC., ANDRES C. BAUTISTA, BRIGIDO DIMACULANGAN, DOLORES P. PRADO, IMELDA DE LA CRUZ, EDITHA C. DY, FLORENCIA M. MERCADO, LEOVINO C. DATARIO, AIDA A. ABAYON, NAPOLEON M. DIMAANO, ROSITA G. ESTIGOY AND NELSON A. LOYOLA, RESPONDENTS. D E C I S I O N

  • [G.R. No. 171251 : March 05, 2012] LASCONA LAND CO., INC., PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 194645 : March 06, 2012] CIVIL SERVICE COMMISSION, PETITIONER, VS. AURORA M. CLAVE, RESPONDENT. [G.R. NO. 194665] GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), PETITIONER, VS. AURORA M. CLAVE, RESPONDENT.

  • [G.R. No. 179652 : March 06, 2012] PEOPLE’S BROADCASTING SERVICE (BOMBO RADYO PHILS., INC.), PETITIONER, VS. THE SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, THE REGIONAL DIRECTOR, DOLE REGION VII, AND JANDELEON JUEZAN, RESPONDENTS.

  • [A.M. No. 12-2-6-SC : March 06, 2012] RE: PETITION FOR JUDICIAL CLEMENCY OF JUDGE IRMA ZITA V. MASAMAYOR,

  • [G.R. Nos. 162335 & 162605 : March 06, 2012] SEVERINO M. MANOTOK IV, FROILAN M. MANOTOK, FERNANDO M. MANOTOK III, MA. MAMERTA M. MANOTOK, PATRICIA L. TIONGSON, PACITA L. GO, ROBERTO LAPERAL III, MICHAEL MARSHALL V. MANOTOK, MARYANN MANOTOK, FELISA MYLENE V. MANOTOK, IGNACIO V. MANOTOK, JR., MILAGROS V. MANOTOK, SEVERINO MANOTOK III, ROSA R. MANOTOK, MIGUEL A.B. SISON, GEORGE M. BOCANEGRA, MA. CRISTINA E. SISON, PHILIPP L. MANOTOK, JOSE CLEMENTE L. MANOTOK, RAMON SEVERINO L. MANOTOK, THELMA R. MANOTOK, JOSE MARIA MANOTOK, JESUS JUDE MANOTOK, JR. AND MA. THERESA L. MANOTOK, REPRESENTED BY THEIR ATTORNEY- IN-FACT, ROSA R. MANOTOK, PETITIONERS, VS. HEIRS OF HOMER L. BARQUE, REPRESENTED BY TERESITA BARQUE HERNANDEZ, RESPONDENTS.

  • [G.R. No. 160882 : March 07, 2012] FELICIDAD STA. MARIA VILLARAN, WILFREDO STA. MARIA VILLARAN, DEOGRACIAS STA. MARIA AND ROLANDO STA. MARIA, PETITIONERS, VS. DEPARTMENT OF AGARIAN REFORM ADJUDICATION BOARD AND LORENZO MARIANO, RESPONDENTS.

  • [G.R. No. 195239 : March 07, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BEN RUBIO Y ACOSTA, ACCUSED-APPELLANT.

  • [G.R. No. 188103 : March 07, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JEROME PALER, ACCUSED-APPELLANT.

  • [G.R. No. 182522 : March 07, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NOEL T. ADALLOM, ACCUSED-APPELLANT.

  • [G.R. No. 170964 : March 07, 2012] ELSA MACANDOG MAGTIRA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 184885 : March 07, 2012] ERNESTO G. YMBONG, PETITIONER, VS. ABS-CBN BROADCASTING CORPORATION, VENERANDA SY AND DANTE LUZON, RESPONDENTS.

  • [G.R. No. 174792 : March 07, 2012] WILFREDO ARO, RONILO TIROL, JOSE PACALDO, PRIMITIVO CASQUEJO AND MARCIAL ABGO, PETITIONERS, VS. NATIONAL LABOR RELATIONS COMMISSION, FOURTH DIVISION AND BENTHEL DEVELOPMENT CORPORATION, RESPONDENTS.

  • [G.R. No. 174173 : March 07, 2012] MA. MELISSA A. GALANG, PETITIONER, VS. JULIA MALASUGUI, RESPONDENT.

  • [G.R. No. 188670 : March 07, 2012] DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY OIC-SECRETARY JOSE MARI B. PONCE, NOW BY SECRETARY NASSER C. PANGANDAMAN, PETITIONER, VS. HEIRS OF ANGEL T. DOMINGO, RESPONDENTS.

  • [G.R. No. 165132 : March 07, 2012] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. NELLIE R. APOLONIO, RESPONDENT.

  • [G.R. No. 190559 : March 07, 2012] BLUE SKY TRADING COMPANY, INC. AND/OR JOSE TANTIANSU AND LINDA TANTIANSU, PETITIONERS, VS. ARLENE P. BLAS AND JOSEPH D. SILVANO, RESPONDENTS.

  • [G.R. No. 183449 : March 12, 2012] ALFREDO JACA MONTAJES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A.M. No. 11-10-1-SC : March 13, 2012] IN RE: LETTERS OF ATTY. ESTELITO P. MENDOZA RE: G.R. NO. 178083 – FLIGHT ATTENDANTS AND STEWARDS ASSOCIATION OF THE PHILIPPINES (FASAP) V. PHILIPPINE AIRLINES, INC. (PAL), ET AL.

  • [A.m. No. 12-2-03-0 : March 13, 2012] RE: IN THE MATTER OF CLARIFICATION OF EXEMPTION FROM PAYMENT OF ALL COURT AND SHERIFF’S FEES OF COOPERATIVES DULY REGISTERED IN ACCORDANCE WITH REPUBLIC ACT NO. 9520 OTHERWISE KNOWN AS THE PHILIPPINE COOPERATIVE CODE OF 2008, PERPETUAL HELP COMMUNITY COOPERATIVE (PHCCI), PETITIONER,

  • [G. R. No. 162322 : March 14, 2012] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. BANTIGUE POINT DEVELOPMENT CORPORATION, RESPONDENT.

  • [G.R. No. 169628 : March 14, 2012] MANUEL A. LUMAYOG, PETITIONER, VS. SPOUSES LEONARD PITCOCK AND CORAZON PITCOCK, RESPONDENTS.

  • [G. R. No. 183367 : March 14, 2012] SECOND DIVISION AUSTRALIAN PROFESSIONAL REALTY, INC., JESUS GARCIA, AND LYDIA MARCIANO, PETITIONERS, VS. MUNICIPALITY OF PADRE GARCIA BATANGAS PROVINCE, RESPONDENT.

  • [G.R. No. 184406 : March 14, 2012] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. PERFECTO OBIAS, ET. AL., RESPONDENTS.

  • [G.R. No. 175263 : March 14, 2012] MANUEL H. NIETO, JR., PETITIONER, VS. SECURITIES AND EXCHANGE COMMISSION (SEC), ATTY. VERNETTE G. UMALI-PACO IN HER CAPACITY AS GENERAL COUNSEL OF THE SEC AND IN HER PERSONAL CAPACITY, AND JOHN/JANE DOES, RESPONDENTS.

  • [G.R. No. 193861 : March 14, 2012] PAULITA “EDITH” SERRA,1 PETITIONER, VS. NELFA T. MUMAR, RESPONDENT.

  • [G.R. No. 195546 : March 14, 2012] GOODLAND COMPANY, INC., PETITIONER, VS. ASIA UNITED BANK, CHRISTINE T. CHAN, FLORANTE DEL MUNDO, ENGRACIO M. ESCASINAS, JR., IN HIS OFFICIAL CAPACITY AS CLERK OF COURT & EX-OFFICIO SHERIFF IN THE REGIONAL TRIAL COURT OF MAKATI CITY, NORBERTO B. MAGSAJO, IN HIS OFFICIAL CAPACITY AS SHERIFF IV OF THE REGIONAL TRIAL COURT OF MAKATI CITY, AND RONALD A. ORTILE, IN HIS OFFICIAL CAPACITY AS THE REGISTER OF DEEDS FOR MAKATI CITY, RESPONDENTS. [G.R. NO. 195561] GOODLAND COMPANY, INC., PETITIONER, VS. ASIA UNITED BANK, ABRAHAM CO, ATTY. JOEL T. PELICANO AND THE REGISTER OF DEEDS OF MAKATI CITY, RESPONDENTS.

  • [G.R. No. 175924 : March 14, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ERLAND SABADLAB Y BAYQUEL, ACCUSED-APPELLANT.

  • [G.R. No. 193279 : March 14, 2012] ELEANOR DE LEON LLENADO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND EDITHA VILLAFLORES, RESPONDENTS.

  • [G.R. No. 155109 : March 14, 2012] C. ALCANTARA & SONS, INC., PETITIONER, VS. COURT OF APPEALS, LABOR ARBITER ANTONIO M. VILLANUEVA, LABOR ARBITER ARTURO L. GAMOLO, SHERIFF OF NLRC RAB-XI-DAVAO CITY, NAGKAHIUSANG MAMUMUO SA ALSONS-SPFL (NAMAAL-SPFL), FELIXBERTO IRAG, JOSHUA BARREDO, ERNESTO CUARIO, EDGAR MONDAY, EDILBERTO DEMETRIA, HERMINIO ROBILLO, ROMULO LUNGAY, MATROIL DELOS SANTOS, BONERME MATURAN, RAUL CANTIGA, EDUARDO CAMPUSO, RUDY ANADON, GILBERTO GABRONINO, BONIFACIO SALVADOR, CIRILO MINO, ROBERTO ABONADO, WARLITO MONTE, PEDRO ESQUIERDO, ALFREDO TROPICO, DANILO MEJOS, HECTOR ESTUITA, BARTOLOME CASTILLANES, EDUARDO CAPUYAN, SATURNINO CAGAS, ALEJANDRO HARDER, EDUARDO LARENA, JAIME MONTEDERAMOS, ERMELANDO BASADRE, REYNALDO LIMPAJAN, ELPIDIO LIBRANZA, TEDDY SUELO, JOSE AMOYLIN, TRANQUILINO ORALLO, CARLOS BALDOS, MANOLITO SABELLANO, CARMELITO TOBIAS, PRIMITIVO GARCIA, JUANITO ALDEPOLLA, LUDIVICO ABAD, WENCISLAO INGHUG, RICARDO ALTO, EPIFANIO JARABAY, FELICIANO AMPER, ALEXANDER JUDILLA, ROBERTO ANDRADE, ALFREDO LESULA, JULIO ANINO, BENITO MAGPUSAO, PEDRO AQUINO, EDDIE MANSANADES, ROMEO ARANETA, ARGUILLAO MANTICA, CONSTANCIO ARNAIZ, ERNESTO HOTOY, JUSTINO ASCANO, RICARDO MATURAN, EDILBERTO YAMBAO, ANTONIO MELARGO, JESUS BERITAN, ARSENIO MELICOR, DIOSDADO BONGABONG, LAURO MONTENEGRO, CARLITO BURILLO, LEO MORA, PABLO BUTIL, ARMANDO GUCILA, JEREMIAH CAGARA, MARIO NAMOC, CARLITO CAL, GERWINO NATIVIDAD, ROLANDO CAPUYAN, EDGARDO ORDIZ, LEONARDO CASURRA, PATROCINIO ORTEGA, FILEMON CESAR, MARIO PATAN, ROMEO COMPRADO, JESUS PATOC, RAMON CONSTANTINO, ALBERTO PIELAGO, SAMUEL DELA LLANA, NICASIO PLAZA, ROSALDO DAGONDON, TITO GUADES, BONIFACIO DINAGUDOS, PROCOPIO RAMOS, JOSE EBORAN, ROSENDO SAJOL, FRANCISCO EMPUERTO, PATRICIO SALOMON, NESTOR ENDAYA, MARIO SALVALEON, ERNESTO ESTILO, BONIFACIO SIGUE, VICENTE FABROA, JAIME SUCUAHI, CELSO HUISO, ALEX TAUTO-AN, SATURNINO YAGON, CLAUDIO TIROL, SULPECIO GAGNI, JOSE TOLERO, FERVIE GALVEZ, ALFREDO TORALBA AND EDUARDO GENELSA, RESPONDENTS. [G.R. NO. 155135] NAGKAHIUSANG MAMUMUO SA ALSONS-SPFL (NAMAAL-SPFL), FELIXBERTO IRAG, JOSHUA BARREDO, ERNESTO CUARIO, EDGAR MONDAY, EDILBERTO DEMETRIA, HERMINIO ROBILLO, ROMULO LUNGAY, MATROIL DELOS SANTOS, BONERME MATURAN, RAUL CANTIGA, EDUARDO CAMPUSO, RUDY ANADON, GILBERTO GABRONINO, BONIFACIO SALVADOR, CIRILO MINO, ROBERTO ABONADO, WARLITO MONTE, PEDRO ESQUIERDO, ALFREDO TROPICO, DANILO MEJOS, HECTOR ESTUITA, BARTOLOME CASTILLANES, EDUARDO CAPUYAN, SATURNINO CAGAS, ALEJANDRO HARDER, EDUARDO LARENA, JAIME MONTEDERAMOS, ERMELANDO BASADRE, REYNALDO LIMPAJAN, ELPIDIO LIBRANZA, TEDDY SUELO, JOSE AMOYLIN, TRANQUILINO ORALLO, CARLOS BALDOS, MANOLITO SABELLANO, CARMELITO TOBIAS, PRIMITIVO GARCIA, JUANITO ALDEPOLLA, LUDIVICO ABAD, WENCISLAO INGHUG, RICARDO ALTO, EPIFANIO JARABAY, FELICIANO AMPER, ALEXANDER JUDILLA, ROBERTO ANDRADE, ALFREDO LESULA, JULIO ANINO, BENITO MAGPUSAO, PEDRO AQUINO, EDDIE MANSANADES, ROMEO ARANETA, ARGUILLAO MANTICA, CONSTANCIO ARNAIZ, ERNESTO HOTOY, JUSTINO ASCANO, RICARDO MATURAN, EDILBERTO YAMBAO, ANTONIO MELARGO, JESUS BERITAN, ARSENIO MELICOR, DIOSDADO BONGABONG, LAURO MONTENEGRO, CARLITO BURILLO, LEO MORA, PABLO BUTIL, ARMANDO GUCILA, JEREMIAH CAGARA, MARIO NAMOC, CARLITO CAL, GERWINO NATIVIDAD, ROLANDO CAPUYAN, JUANITO NISNISAN, AURELIO CARIN, PRIMO OPLIMO, ANGELITO CASTANEDA, EDGARDO ORDIZ, LEONARDO CASURRA, PATROCINIO ORTEGA, FILEMON CESAR, MARIO PATAN, ROMEO COMPRADO, JESUS PATOC, RAMON CONSTANTINO, MANUEL PIAPE, ROY CONSTANTINO, ALBERTO PIELAGO, SAMUEL DELA LLANA, NICASIO PLAZA, ROSALDO DAGONDON, TITO GUADES, BONIFACIO DINAGUDOS, PROCOPIO RAMOS, JOSE EBORAN, ROSENDO SAJOL, FRANCISCO EMPUERTO, PATRICIO SALOMON, NESTOR ENDAYA, MARIO SALVALEON, ERNESTO ESTILO, BONIFACIO SIGUE, VICENTE FABROA, JAIME SUCUAHI, CELSO HUISO, ALEX TAUTO-AN, SATURNINO YAGON, CLAUDIO TIROL, SULPECIO GAGNI, JOSE TOLERO, FERVIE GALVEZ, ALFREDO TORALBA AND EDUARDO GENELSA, PETITIONERS, VS. C. ALCANTARA & SONS, INC., EDITHA I. ALCANTARA, ATTY. NELIA A. CLAUDIO, CORNELIO E. CAGUIAT, JESUS S. DELA CRUZ, ROLANDO Z. ANDRES AND JOSE MA. MANUEL YRASUEGUI, RESPONDENTS. [G.R. NO. 179220] NAGKAHIUSANG MAMUMUO SA ALSONS-SPFL (NAMAAL-SPFL), AND ITS MEMBERS WHOSE NAMES ARE LISTED BELOW, PETITIONERS, VS. C. ALCANTARA & SONS, INC., RESPONDENT.

  • [G.R. No. 151898 : March 14, 2012] RICARDO RIZAL, POTENCIANA RIZAL, SATURNINA RIZAL, ELENA RIZAL, AND BENJAMIN RIZAL, PETITIONERS, VS. LEONCIA NAREDO, ANASTACIO LIRIO, EDILBERTO CANTAVIEJA, GLORIA CANTAVIEJA, CELSO CANTAVIEJA, AND THE HEIRS OF MELANIE CANTAVIEJA, RESPONDENTS. D E C I S I O N

  • [G.R. No. 166216 : March 14, 2012] ROGELIO ABERCA, RODOLFO BENOSA, NESTOR BODINO, NOEL ETABAG, DANILO DELA FUENTE, BELEN DIAZ-FLORES, MANUEL MARIO GUZMAN, ALAN JASMINEZ, EDWIN LOPEZ, ALFREDO MANSOS, ALEX MARCELINO, ELIZABETH PROTACIO-MARCELINO, JOSEPH OLAYER, CARLOS PALMA, MARCO PALO, ROLANDO SALUTIN BENJAMIN SEGUNDO, ARTURO TABARA, EDWIN TULALIAN, AND REBECCA TULALIAN, PETITIONERS, VS. MAJ. GEN. FABIAN VER, COL. FIDEL SINGSON, COL. GERARDO B. LANTORIA, COL. ROLANDO ABADILLA, COL. GALILEO KINTANAR, LT. COL. PANFILO M. LACSON, MAJ. RODOLFO AGUINALDO, CAPT. DANILO PIZARRO, 1LT. PEDRO TANGO, 1LT. ROMEO RICARDO, 1LT. RAUL BACALSO, M/SGT. BIENVENIDO BALABA AND “JOHN DOES,” RESPONDENTS.

  • [G.R. No. 187521 : March 14, 2012] F.F. CRUZ & CO., INC., PETITIONER, VS. HR CONSTRUCTION CORP., RESPONDENT.

  • [G.R. No. 187073 : March 14, 2012] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EDUARDO CASTRO Y PERALTA AND RENERIO DELOS REYES Y BONUS, APPELLANTS.

  • [G.R. No. 193983 : March 14, 2012] VICTORY M. FERNANDEZ, PETITIONER, VS. OFFICE OF THE OMBUDSMAN, FORMER GOVERNOR OF THE PROVINCE OF AKLAN FLORENCIO T. MIRAFLORES, INCUMBENT GOVERNOR CARLITO MARQUEZ, AND SECRETARY OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT RONALDO V. PUNO, RESPONDENTS.

  • [G.R. No. 197124 : March 19, 2012] ALPA-PCM, INC., PETITIONER, VS. VINCENT BULASAO, JULIET BULASAO AND SUSANA BULASAO, HONORABLE JUDGE DANILO F. CAMACHO, AND THE DEPUTY SHERIFF OF THE REGIONAL TRIAL COURT, LA TRINIDAD, BENGUET, RESPONDENTS.

  • [G.R. No. 176628 : March 19, 2012] PHILIPPINE TOURISM AUTHORITY, PETITIONER, VS. PHILIPPINE GOLF DEVELOPMENT & EQUIPMENT, INC., RESPONDENT.

  • [G.R. No. 178367 : March 19, 2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS. CASTALLOY TECHNOLOGY CORPORATION, ALLIED INDUSTRIAL CORPORATION, ALINSU STEEL FOUNDRY CORPORATION, GLORIA C. NGO AND TOMAS C. NGO, JR., RESPONDENTS.

  • [G.R. No. 197987 : March 19, 2012] MARITER MENDOZA, PETITIONER, VS. ADRIANO CASUMPANG, JENNIFER ADRIANE AND JOHN ANDRE, ALL SURNAMED CASUMPANG, RESPONDENTS.

  • [A.M. No. P-11-3019 : March 20, 2012] SHERYLL C. DELA CRUZ, COMPLAINANT, VS. PAMELA P. MALUNAO, CLERK III, REGIONAL TRIAL COURT, BRANCH 28, BAYOMBONG, NUEVA VIZCAYA, RESPONDENT.

  • [A.M. No. 10-1-13-SC : March 20, 2012] RE: SUBPOENA DUCES TECUM DATED JANUARY 11, 2010 OF ACTING DIRECTOR ALEU A. AMANTE, PIAB-C, OFFICE OF THE OMBUDSMAN. [A.M. NO. 10-9-9-SC] RE: ORDER OF THE OFFICE OF THE OMBUDSMAN REFERRING THE COMPLAINT OF ATTYS. OLIVER O. LOZANO AND EVANGELINE J. LOZANO-ENDRIANO AGAINST CHIEF JUSTICE REYNATO S. PUNO [RET.].

  • [G.R. No. 175781 : March 20, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FRANCISCA TALARO,* GREGORIO TALARO,** NORBERTO (JUN) ADVIENTO, RENATO RAMOS, RODOLFO DUZON,*** RAYMUNDO ZAMORA** AND LOLITO AQUINO, ACCUSED. NORBERTO (JUN) ADVIENTO, RENATO RAMOS AND LOLITO AQUINO, ACCUSED-APPELLANTS.

  • [G.R. No. 190293 : March 20, 2012] PHILIP SIGFRID A. FORTUN AND ALBERT LEE G. ANGELES, PETITIONERS, VS. GLORIA MACAPAGAL-ARROYO, AS COMMANDER-IN-CHIEF AND PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, EDUARDO ERMITA, EXECUTIVE SECRETARY, ARMED FORCES OF THE PHILIPPINES (AFP), OR ANY OF THEIR UNITS, PHILIPPINE NATIONAL POLICE (PNP), OR ANY OF THEIR UNITS, JOHN DOES AND JANE DOES ACTING UNDER THEIR DIRECTION AND CONTROL, RESPONDENTS. [G.R. NO. 190294] DIDAGEN P. DILANGALEN, PETITIONER, VS. EDUARDO R. ERMITA IN HIS CAPACITY AS EXECUTIVE SECRETARY, NORBERTO GONZALES IN HIS CAPACITY AS SECRETARY OF NATIONAL DEFENSE, RONALDO PUNO IN HIS CAPACITY AS SECRETARY OF INTERIOR AND LOCAL GOVERNMENT, RESPONDENTS. [G.R. NO. 190301] NATIONAL UNION OF PEOPLES’ LAWYERS (NUPL) SECRETARY GENERAL NERI JAVIER COLMENARES, BAYAN MUNA REPRESENTATIVE SATUR C. OCAMPO, GABRIELA WOMEN’S PARTY REPRESENTATIVE LIZA L. MAZA, ATTY. JULIUS GARCIA MATIBAG, ATTY. EPHRAIM B. CORTEZ, ATTY. JOBERT ILARDE PAHILGA, ATTY. VOLTAIRE B. AFRICA, BAGONG ALYANSANG MAKABAYAN (BAYAN) SECRETARY GENERAL RENATO M. REYES, JR. AND ANTHONY IAN CRUZ, PETITIONERS, VS. PRESIDENT GLORIA MACAPAGAL-ARROYO, EXECUTIVE SECRETARY EDUARDO R. ERMITA, ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL VICTOR S. IBRADO, PHILIPPINE NATIONAL POLICE DIRECTOR GENERAL JESUS A. VERZOSA, DEPARTMENT OF JUSTICE SECRETARY AGNES VST DEVANADERA, ARMED FORCES OF THE PHILIPPINES EASTERN MINDANAO COMMAND CHIEF LIEUTENANT GENERAL RAYMUNDO B. FERRER, RESPONDENTS. [G.R. NO. 190302] JOSEPH NELSON Q. LOYOLA, PETITIONER, VS. HER EXCELLENCY PRESIDENT GLORIA MACAPAGAL-ARROYO, ARMED FORCES CHIEF OF STAFF GENERAL VICTOR IBRADO, PHILIPPINE NATIONAL POLICE (PNP), DIRECTOR GENERAL JESUS VERZOSA, EXECUTIVE SECRETARY EDUARDO ERMITA, RESPONDENTS. [ G.R. NO. 190307] JOVITO R. SALONGA, RAUL C. PANGALANGAN, H. HARRY L. ROQUE, JR., JOEL R. BUTUYAN, EMILIO CAPULONG, FLORIN T. HILBAY, ROMEL R. BAGARES, DEXTER DONNE B. DIZON, ALLAN JONES F. LARDIZABAL AND GILBERT T. ANDRES, SUING AS TAXPAYERS AND AS CONCERNED FILIPINO CITIZENS, PETITIONERS, VS. GLORIA MACAPAGAL-ARROYO, IN HIS (SIC) CAPACITY AS PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, HON. EDUARDO ERMITA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, AND HON. ROLANDO ANDAYA IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, GENERAL VICTOR IBRADO, IN HIS CAPACITY AS ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF, DIRECTOR JESUS VERZOSA, IN HIS CAPACITY AS CHIEF OF THE PHILIPPINE NATIONAL POLICE, RESPONDENTS. [G.R. NO. 190356] BAILENG S. MANTAWIL, DENGCO SABAN, ENGR. OCTOBER CHIO, AKBAYAN PARTY LIST REPRESENTATIVES WALDEN F. BELLO AND ANA THERESIA HONTIVEROS-BARAQUEL, LORETTA ANN P. ROSALES, MARVIC M.V.F. LEONEN, THEODORE O. TE AND IBARRA M. GUTIERREZ III, PETITIONERS, VS. THE EXECUTIVE SECRETARY, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF JUSTICE, THE SECRETARY OF INTERIOR AND LOCAL GOVERNMENT, THE SECRETARY OF BUDGET AND MANAGEMENT, AND THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, THE DIRECTOR GENERAL OF THE PHILIPPINE NATIONAL POLICE, RESPONDENTS. [G.R. NO. 190380] CHRISTIAN MONSOD AND CARLOS P. MEDINA, JR., PETITIONERS, VS. EDUARDO R. ERMITA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, RESPONDENT.

  • [A.M. No. P-09-2686 (Formerly OCA I.P.I No. 06-2441-P) : March 21, 2012] PRISCILLA L. HERNANDO, COMPLAINANT, VS. JULIANA Y. BENGSON, LEGAL RESEARCHER, RTC, BRANCH 104, QUEZON CITY, RESPONDENT.

  • [G.R. No. 191913 : March 21, 2012] SPO2 LOLITO T. NACNAC, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 184478 : March 21, 2012] JAIME S. PEREZ, BOTH IN HIS PERSONAL AND OFFICIAL CAPACITY AS CHIEF, MARIKINA DEMOLITION OFFICE, PETITIONER, VS. SPOUSES FORTUNITO L. MADRONA AND YOLANDA B. PANTE, RESPONDENTS.

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    chanrobles.com - PHILIPPINE SUPREME COURT DECISIONS - ON-LINE

    [G.R. No. 187073 : March 14, 2012]   PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EDUARDO CASTRO Y PERALTA AND RENERIO DELOS REYES Y BONUS, APPELLANTS.

     

    FIRST DIVISION

    [G.R. No. 187073 : March 14, 2012]

    PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EDUARDO CASTRO Y PERALTA AND RENERIO DELOS REYES Y BONUS, APPELLANTS.

    D E C I S I O N


    VILLARAMA, JR., J.:

    On appeal is the August 28, 2008 Decision[1] of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 02928.  The CA had affirmed the Decision[2] of the Regional Trial Court (RTC) Branch 128, of Caloocan City finding the appellants guilty of the crime of robbery with homicide.cralaw

    Appellants, together with Larry San Felipe Perito (Perito) and one alias Leng-leng, were charged with the crime of robbery with homicide under the following Information:

    That  on or about the 9th day of September 2002[,] in Caloocan City, Metro Manila and within the jurisdiction of this Honorable Court, the said accused confederating together and mutually aiding each other, with intent of gain, and armed with guns, by means of force and violence upon one RICARDO PACHECO BENEDICTO, forcibly [took] and [carried] away the amount of more or less P100,000.00, and in the course of the commission of ROBBERY, [shot] and kill[ed] Ricardo Pacheco Benedi[c]to which caused  the latter’s immediate death.

    CONTRARY TO LAW.[3]

    On arraignment, both appellants, with the assistance of the Public Attorney’s Office (PAO), entered a plea of not guilty.  Trial ensued without the presence of the other two accused, Perito and alias Leng-leng who remained at large.

    As summarized by the CA, the factual antecedents of the case are as follows:

    On 9 September 2002, [around] seven o’clock in the evening, [the] victim Ricardo Pacheco Benedicto (“Benedicto”), a merchant and owner of a store selling bakery supplies and pastries in Bagong Silang, Caloocan City, was tending his store along with his helpers, one of whom was Emily Austria (“Austria”), when four (4) armed men entered the store and announced a hold-up.  Two (2) of the armed men proceeded to the table of Benedicto asking the latter to bring out his gun.  One (1) of the armed men stayed outside the store while the other one (1) guarded Austria.  Since Benedicto resisted the assault, a commotion ensued prompting the armed man guarding Austria and the lookout stationed outside the store to join and help their other companions.  Taking advantage of said commotion, Austria ran outside the store and crossed the street.  Immediately after crossing the street, Austria heard three (3) gunshots and saw the four (4) assailants walking out of the store, one of them carrying Benedicto’s belt bag.

    Austria then returned to the store and saw Benedicto lying in a pool of blood.   She immediately sought the help of their neighbors and the Barangay Captain, who responded to the scene, and summoned the police authorities.  When the police officers arrived at the store, they checked the body of Benedicto.  Sadly though, Benedicto was already dead.

    Consequently, the police officers conducted an investigation… [and] gathered that one of the assailants was herein accused-appellant Eduardo Castro (“Appellant Castro”).  Follow-up and surveillance operations were…conducted leading to the apprehension of appellant Castro at about 9:15 in the evening of 10 September 2002.  Austria along with her co-helpers, May Villanueva and Aldryn Sartyn, identified appellant Castro from the line-up as one of the two (2) assailants who approached the table of Benedicto.  On the other hand, accused-appellant Renerio Delos Reyes (“Appellant Delos Reyes”) was likewise identified as one of the assailants, particularly as the one who guarded Austria during the incident.  The other assailants were later identified as Larry San Felipe Perito (“Perito”) and a certain alias Leng-leng (“Leng-leng”).

    x x x x

    During the trial, the prosecution presented the testimonies of (1) Police Senior Inspector Filemon C. Porciuncula, Jr. (“Police Senior Inspector Porciuncula”), the Medico Legal of the Northern Police District (NPD) Crime Laboratory (Caloocan City Police Station), (2) Austria and (3) Virginia F. Benedicto, the surviving spouse of Benedicto.

    Police Senior Inspector Porciuncula testified that upon written request, an autopsy was conducted on Benedicto’s cadaver and that such examination showed two (2) gunshot wounds at the back of the victim’s head and the neck region.  The results also showed external injuries on the body, two (2) hematomas on the upper and lower lips and two (2) abrasions on the right thigh.  He also confirmed that the cause of death of the victim was hemorrhagic shock secondary to said gunshot wounds.

    Witness Austria, in her testimony, narrated the sequence of events that transpired during the incident.  She confirmed that she had recognized the appellants as among the armed men who robbed the store and killed her employer and that she had later been informed by the policemen that their names were Eduardo Castro and Renerio Delos Reyes.  She identified appellant Castro as the one who approached the table of the victim while appellant Delos Reyes was the one who guarded her.  She testified that appellant Delos Reyes said, “HOLD UP ITO, DAPA”, while holding a gun.  Thereafter, they heard appellant Castro shouting that Benedicto was resisting.  Appellant Delos Reyes and the other assailant then ran towards the table of the victim and at that juncture, she had run outside the store.  Afterwards, she heard three (3) gun shots.

    Continuing with her testimony, Austria testified that she saw the armed men walking outside the store and that she noticed appellant Delos Reyes carrying the belt bag belonging to Benedicto.  She further testified that when she went back to the store, she saw the bloodied body of her employer on the floor.  She sought help from the neighbors, and the barangay captain of their place responded.

    Witness Virginia Benedicto, wife of the victim, testified on how she had learned of the events that transpired on the fateful day of 9 September 2002.  She was only able to see her husband the following day when he was already inside the casket.  She was invited to the police station for her to see appellant Castro, one of the suspects apprehended by the police officers.  She further testified that the proceeds of the sale of the store on that day, which amounted to, more or less, One Hundred Thousand Pesos (P100,000.00) had been taken by the robbers.

    The testimony of Police Officer 3 Leonilo Padulaga, who attested to the conduct of the investigation and the execution of affidavits by witnesses in connection with this case, was stipulated upon by the prosecution and the defense.  The prosecution also offered the sworn statements of May Villanueva and Aldryn Sartyn, as well as the Police Transmittal as documentary evidence.

    On the other hand, aside from the separate testimonies of the appellants, the defense also presented the testimonies of Alejo Castillo (“Castillo”) and Francisco Beltran (“Beltran”), both neighbors of appellant Castro.

    Witness Castillo testified that he was at their outpost on the day of the incident, at around 6:30 o’clock in the evening, as he was a Purok leader at that time.  He was preparing for their usual roving activities and was making entries in the blotter notebook when appellant Castro, known to him as Edong, approached them and conversed with them until 8:00 o’clock in the evening.  During that time, he noticed that three (3) persons carrying bags walked past the outpost, who even told him that they would be having a long vacation.  He recognized the accused Perito, the brother-in-law of appellant Castro, and Leng-leng as two (2) of the said three (3) persons.  Thereafter, some persons arrived at the outpost and informed them that there was a killing incident in the market.

    Witness Beltran, in his testimony, corroborated, in essence, the account given by witness Castillo on what transpired on the day of the crime.  On cross-examination, he testified that he had found it unusual that appellant Castro did not utter a word when his brother-in–law Perito and co-accused Leng-leng walked past the outpost telling them that they were headed for a long vacation.  He also stated that the distance between the barangay outpost and the scene of the crime would only take five (5) to seven (7) minutes commute if one takes a tricycle ride.

    Denying any involvement or participation in the robbery and killing in this case, appellant Delos Reyes claimed that prior to the commission of said crime, he did not know appellant Castro, co-accused Perito or even the victim Benedicto.  Posing an alibi as a defense, he claimed that on 9 September 2002, at around 6:30 in the evening, he was inside the house of his in-laws at Phase 8-B, Package 4, Lot 1416, Bagong Silang, Caloocan City, where he had been staying since July 2002.  He admitted that he was a tricycle driver plying the route covering all phases of Bagong Silang and that from the scene of the crime, it would only take an eight (8) minute tricycle ride for him to reach his in-laws’ house.  He further admitted that he had been arrested in connection with this crime only after he had been arrested for another murder case.

    Appellant Castro, in turn, testified that while co-accused Perito is his brother-in-law, he did not know appellant Delos Reyes and that he had only heard of the name Leng-leng since the latter is a friend of Perito.  He also claimed that he did not know the victim Benedicto.  He asserted that, as narrated by witnesses Castillo and Beltran, he was at the barangay outpost at the time of the commission of the crime.  He arrived thereat before 6:00 o’clock in the evening and left at around 8:00 o’clock in the evening.  He also testified that they had noticed Perito and three (3) or four (4) companions walk past the outpost and when asked, Perito had retorted, “DITO LANG PO PUROK, I will just have a vacation.”  After 15 minutes, a neighbor informed Castillo that there had been a killing incident in the market.

    Appellant Castro further narrated that between 11:00 to 12:00 o’clock in the evening of the same day, while he was sleeping, he had heard a commotion outside his house as police officers arrived at the house of Perito, which was only two (2) houses away from his place.  The following day, some police officers went to his house and inquired as to the whereabouts of Perito.  Since he could not answer the inquiries of the police officers, he was brought to and detained at the police precinct.  During his detention, the private complainant and the witnesses, including Austria, identified him as one of the armed men who had robbed the store of Benedicto.  On cross-examination, he admitted that he also stands as a co-accused of appellant Delos Reyes in another pending robbery case.

    x x x x[4]

    The RTC found appellants guilty of the offense charged and imposed on them the penalty of reclusion perpetua.  The RTC held that all the evidence pointed to the appellants as the perpetrators of the crime, and the existence of conspiracy was sufficiently alleged and proven during trial.  The appellants acted in concert at the time of the robbery towards the same purpose or design.  And the rule is that whenever a homicide is committed as a consequence or on the occasion of a robbery, all those who took part as principals in the robbery would also be held guilty as principals of the special complex crime of robbery with homicide.  Therefore, it was of no moment that none of the prosecution witnesses saw who actually shot the victim to death.

    As regards appellants’ defense of alibi, the RTC held that their alibi cannot prosper since both admitted that they were just a few minutes away from the scene of the crime; thus, it was not physically impossible for them to be at the scene of the crime.  Also, the RTC cited that Austria positively identified appellants as two of the four assailants. Such positive identification prevails over the negative and self-serving denials of the appellants, added the RTC.

    On appeal, the CA affirmed the decision of the RTC. The CA did not give credence to appellants attempt to assail Austria’s testimony.  The appellate court held that it is well settled that positive identification, where categorical, consistent and not attended by any showing of ill motive on the part of the eyewitnesses, prevails over alibi and denial, particularly where the appellant had not shown the physical impossibility of his access to the victim at the time and place of the crime, as in this case, where both appellants admitted being only five to eight minutes from the scene of the crime.  The CA added that even if Austria did not know appellants’ names prior to the incident, she was able to identify them by their faces during the police line-up and in open court.  Appellants’ denial therefore cannot prevail over the positive declaration of the prosecution’s witness, the CA concluded.

    Aggrieved, appellants elevated the case to this Court.[5]

    We have carefully reviewed the evidence in this case and the parties’ submissions and find no showing of any errors in law and in findings of fact by the courts a quo.  It has been consistently held that in criminal cases the evaluation of the credibility of witnesses is addressed to the sound discretion of the trial judge.  The rule finds an even more stringent application where said findings are sustained by the CA.[6]  Everything considered, there is no doubt in our mind that the positive identification of herein appellants by Austria is credible and sufficient for conviction.

    Appellants and their co-accused killed the victim in the course of the robbery.  As such, contrary to appellants’ contentions, the exact identity of the one who actually shot Benedicto and took the bag from him is not material.  The appellants are liable for the special complex crime of robbery with homicide since the existence of conspiracy among them in the commission of the robbery makes the act of one the act of all.  All those who took part in the robbery are liable as principals even though they did not actually take part in the killing.  Case law establishes that whenever homicide has been committed by reason of or on the occasion of the robbery, all those who took part as principals in the robbery will also be held guilty as principals of robbery with homicide although they did not take part in the homicide, unless it appears that they sought to prevent the killing.[7]

    Here, evidence shows that appellants and their two co-accused entered the store and declared a robbery.  Austria positively identified appellant Castro as one of the two assailants who proceeded to Benedicto’s table and asked him to give them his gun, while appellant Delos Reyes, who declared the robbery, guarded her and the other store helpers as the fourth assailant served as the lookout.  Austria testified that she was able to escape and that she heard three gunshots immediately after crossing the street opposite the store.  She also saw the assailants leaving the store with Benedicto’s bag.

    Taken together, the appellants’ actions proved beyond reasonable doubt that they acted in concert to attain a common purpose.  The evidence does not show that any of the appellants sought to avert the killing of Benedicto.  In People v. Ebet,[8] we ruled that once conspiracy is shown, the act of one is the act of all.  The precise extent or modality of participation of each of them becomes secondary, since all the conspirators are principals.

    We concur with the trial and appellate courts in rejecting appellants’ defenses of denial and alibi.  Time and again this Court has ruled that alibi is the weakest of all defenses, for it is easy to fabricate and difficult to prove; it cannot prevail over the positive identification of the accused by the witnesses.[9]  Moreover, for the defense of alibi to prosper, the requirements of time and place must be strictly met. It is not enough to prove that the accused was somewhere else when the crime was committed, but he must also demonstrate by clear and convincing evidence that it was physically impossible for him to have been at the scene of the crime at the time the same was committed.[10]   Such physical impossibility was not shown to have existed in this case where appellants’ testimonies confirmed they were in the same locality (Bagong Silang) when the robbery-killing took place.

    As to the award of damages, we sustain the award made by the CA as the amounts are correct and in accordance with law for in robbery with homicide, civil indemnity and moral damages in the amount of P50,000 each is granted automatically in the absence of any qualifying aggravating circumstances.[11]   However, an award of P25,000 for temperate damages may be allowed under Article 2224[12] of the Civil Code, since the victim’s family undeniably incurred expenses in his burial.[13]cralaw

    WHEREFORE, the appeal is DISMISSED.  The August 28, 2008 Court of Appeals’ Decision in CA-G.R. CR-H.C. No. 02928 finding appellants Eduardo Castro y Peralta and Renerio Delos Reyes y Bonus guilty is AFFIRMED with MODIFICATION that appellants further pay the heirs of Ricardo Pacheco Benedicto P25,000 as temperate damages.

    With costs against appellants.

    SO ORDERED.

    Corona, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Perlas-Bernabe,* JJ., concur.

    Endnotes:


    * Designated additional member per Special Order No. 1207 dated February 23, 2012.

    [1] Rollo, pp. 2-15.  Penned by Associate Justice Josefina Guevara-Salonga with Associate Justices Magdangal M. De Leon and Ramon R. Garcia concurring.  The dispositive portion reads:

    WHEREFORE, the foregoing considered, the instant appeal is hereby DISMISSED and the assailed Decision AFFIRMED in toto. No costs.

    SO ORDERED.


    [2] CA rollo, pp. 41-51.  Penned by Judge Eleanor R. Kwong.  The dispositive portion of the RTC decision reads:

    WHEREFORE, premises considered, the accused EDUARDO CASTRO y PERALTA and RENERIO DELOS REYES y BONUS are hereby found GUILTY of the crime of ROBBERY WITH HOMICIDE as charged. They are hereby sentenced to suffer the imprisonment of Reclusion Perpetua.

    Accused are likewise directed to pay the private complainant Virginia F. Benedicto as follows:

    1. Fifty Thousand pesos, as civil indemnity and
    2. Fifty Thousand pesos, as moral damages.

    SO ORDERED.


    [3] Records, p. 25.

    [4] Rollo, pp. 3-9.

    [5] Id. at 16-18.

    [6] People v. Obina, G.R. No. 186540, April 14, 2010, 618 SCRA 276, 281; People v. Espino, Jr., G.R. No. 176742, June 17, 2008, 554 SCRA 682, 697, citing People v. Cabugatan, G.R. No. 172019, February 12, 2007, 515 SCRA 537, 547.

    [7] People v. Latam, G.R. No. 192789, March 23, 2011, 646 SCRA 406, 410-411; People v. Escote, Jr., G.R. No. 140756, April 4, 2003, 400 SCRA 603, 631.

    [8] G.R. No. 181635, November 15, 2010, 634 SCRA 689, 706.

    [9] People v. Florida, G.R. No. 90254, September 24, 1992, 214 SCRA 227, 239.

    [10] People v. Dela Cruz, G.R. No. 108180, February 8, 1994, 229 SCRA 754, 765.

    [11] Crisostomo v. People, G.R. No. 171526, September 1, 2010, 629 SCRA 590, 603.

    [12] Art. 2224. Temperate or moderate damages, which are more than nominal but less than    compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be proved with certainty.

    [13] See People v. Lee, G.R. No. 116326, April 30, 2003, 402 SCRA 124, 132-133.

    [G.R. No. 187073 : March 14, 2012]   PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EDUARDO CASTRO Y PERALTA AND RENERIO DELOS REYES Y BONUS, APPELLANTS.






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