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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-2014 Jurisprudence                 

  • A.M. No. P-14-3222 (Formerly A.M. OCA IPI NO. 11-3609-P), August 12, 2014 - PRESIDING JUDGE JOSE B. LAGADO AND CLERK OF COURT II JOSEFINA C. EMPUESTO, BOTH OF THE MUNICIPAL TRIAL COURT, MAHAPLAG, LEYTE, Complainants, v. CLERK II BRYAN ANTONIO C. LEONIDO,, Respondent.

  • G.R. No. 204729, August 06, 2014 - LOURDES SUITES (CROWN HOTEL MANAGEMENT CORPORATION), Petitioner, v. NOEMI BINARAO,, Respondent.

  • G.R. No. 203775, August 05, 2014 - ASSOCIATION OF FLOOD VICTIMS AND JAIME AGUILAR HERNANDEZ, Petitioners, v. COMMISSION ON ELECTIONS, ALAY BUHAY COMMUNITY DEVELOPMENT FOUNDATION, INC., AND WESLIE TING GATCHALIAN,, Respondents.

  • G.R. No. 196117, August 13, 2014 - KRYSTLE REALTY DEVELOPMENT CORPORATION, REPRESENTED BY CHAIRMAN OF THE BOARD, WILLIAM C. CU, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.; [G.R. NO. 196129] - CARIDAD RODRIGUEZA, AS SUBSTITUTED BY RUFINO RODRIGUEZA, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.

  • A.C. No. 7766, August 05, 2014 - JOSE ALLAN TAN, Complainant, v. PEDRO S. DIAMANTE, Respondent.

  • A.C. No. 8000, August 05, 2014 - CHAMELYN A. AGOT, Complainant, v. ATTY. LUIS P. RIVERA, Respondent.

  • G.R. No. 171212, August 20, 2014 - INDOPHIL TEXTILE MILLS, INC., Petitioner, v. ENGR. SALVADOR ADVIENTO, Respondents.

  • G.R. No. 193681, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff, MALAYAN INSURANCE COMPANY, INC. AND HELEN Y. DEE, Private Complainants-Petitioners, v. PHILIP PICCIO, MIA GATMAYTAN, MA. ANNABELLA RELOVA SANTOS, JOHN JOSEPH GUTIERREZ, JOCELYN UPANO, JOSE DIZON, ROLANDO PAREJA, WONINA BONIFACIO, ELVIRA CRUZ, CORNELIO ZAFRA, VICENTE ORTUOSTE, VICTORIA GOMEZ JACINTO, JUVENCIO PERECHE, JR., RICARDO LORAYES, PETER SUCHIANCO, AND TRENNIE MONSOD,, Respondents.

  • G.R. No. 189629, August 06, 2014 - DR. PHYLIS C. RIO, Petitioner, v. COLEGIO DE STA. ROSA-MAKATI AND/OR SR. MARILYN B. GUSTILO, Respondents.

  • G.R. No. 193652, August 05, 2014 - INFANT JULIAN YUSAY CARAM, REPRESENTED BY HIS MOTHER, MA. CHRISTINA YUSAY CARAM, Petitioner, v. ATTY. MARIJOY D. SEGUI, ATTY. SALLY D. ESCUTIN, VILMA B. CABRERA, CELIA C. YANGCO, AND OFFICE OF THE SOLICITOR GENERAL, Respondents.

  • A.M. No. P-14-3232 (Formerly: A.M. No. 14-4-46-MTCC), August 12, 2014 - Re: REPORT OF JUDGE RODOLFO D. VAPOR, MUNICIPAL TRIAL COURT IN CITIES [MTCC], TANGUB CITY, MISAMIS OCCIDENTAL, ON THE HABITUAL ABSENTEEISM OF FILIGRIN E. VELEZ, JR., PROCESS SERVER, SAME COURT.

  • G.R. No. 200746, August 06, 2014 - BENSON INDUSTRIES EMPLOYEES UNION-ALU-TUCP AND/OR VILMA GENON, EDISA HORTELANO, LOURDES ARANAS, TONY FORMENTERA, RENEBOY LEYSON, MA. ALONA ACALDO, MA. CONCEPCION ABAO, TERESITA CALINAWAN, NICIFORO CABANSAG, STELLA BARONGO, MARILYN POTOT, WELMER ABANID, LORENZO ALIA, LINO PARADERO, DIOSDADO ANDALES, LUCENA ABESIA, AND ARMANDO YBAÑEZ, Petitioners, v. BENSON INDUSTRIES, INC., Respondent.

  • G.R. No. 204911, August 06, 2014 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MIKE STEVE Y BASMAN AND RASHID MANGTOMA Y NONI, Accused-Appellants.

  • G.R. No. 201111, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALFREDO CERDON Y SANCHEZ, Accused-Appellant.

  • G.R. No. 200250, August 06, 2014 - UPSI PROPERTY HOLDINGS, INC., Petitioner, v. DIESEL CONSTRUCTION CO., INC., Respondent.

  • G.R. No. 182908, August 06, 2014 - HEIRS OF FRANCISCO I. NARVASA, SR., ANDHEIRS OF PETRA IMBORNAL AND PEDRO FERRER,REPRESENTED BY THEIR ATTORNEY-IN-FACT, MRS. REMEDIOS B. NARVASA-REGACHO, Petitioners, v. EMILIANA, VICTORIANO, FELIPE, MATEO, RAYMUNDO, MARIA,AND EDUARDO, ALL SURNAMED IMBORNAL, Respondents.

  • G.R. No. 204651, August 06, 2014 - OUR HAUS REALTY DEVELOPMENT CORPORATION, Petitioner, v. ALEXANDER PARIAN, JAY C. ERINCO, ALEXANDER CANLAS, BERNARD TENEDERO AND JERRY SABULAO, Respondents.

  • G.R. No. 207376, August 06, 2014 - AIDA PADILLA, Petitioner, v. GLOBE ASIATIQUE REALTY HOLDINGS CORPORATION, FILMAL REALTY CORPORATION, DELFIN S. LEE AND DEXTER L. LEE, Respondents.

  • G.R. No. 201483, August 04, 2014 - CONRADO A. LIM, Petitioner, v. HMR PHILIPPINES, INC., TERESA SANTOS-CASTRO, HENRY BUNAG AND NELSON CAMILLER, Respondents.

  • G.R. No. 191015, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Petitioner, v. JOSE C. GO, AIDA C. DELA ROSA, AND FELECITAS D. NECOMEDES, Respondents.

  • G.R. No. 210619, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHARLES REYES Y MARASIGAN, Accused-Appellant.

  • G.R. No. 184982, August 20, 2014 - LAND BANK OF THE PHILIPPINES, Petitioner, v. JOSE T. LAJOM, REPRESENTED BY PORFIRIO RODRIGUEZ, FLORENCIA LAJOM GARCIA-DIAZ, FRANCISCO LAJOM GARCIA, JR., FERNANDO LAJOM RODRIGUEZ, TOMAS ATAYDE, AUGUSTO MIRANDA, JOSEFINA ATAYDE FRANCISCO, RAMON L. ATAYDE, AND BLESILDA ATAYDE RIOS, Respondents.; [G.R. NO. 185048] - JOSE T. LAJOM, REPRESENTED BY PORFIRIO RODRIGUEZ, FLORENCIA LAJOM GARCIA-DIAZ, FRANCISCO LAJOM GARCIA, JR., FERNANDO LAJOM RODRIGUEZ, TOMAS ATAYDE, AUGUSTO MIRANDA, JOSEFINA ATAYDE FRANCISCO, RAMON L. ATAYDE, AND BLESILDA ATAYDE RIOS, Petitioners, v. LAND BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 170139, August 05, 2014 - SAMEER OVERSEAS PLACEMENT AGENCY, INC., Petitioner, v. JOY C. CABILES, Respondent.

  • G.R. No. 206368, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONARDO BATTAD, Accused-Appellant, MARCELINO BACNIS, Accused.

  • G.R. No. 181541, August 18, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARISSA MARCELO, Accused-Appellant.

  • G.R. No. 208469, August 13, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SAMUEL “TIW-TIW” SANICO, Accused-Appellant.

  • G.R. No. 205870, August 13, 2014 - LEI SHERYLL FERNANDEZ, Petitioner, v. BOTICA CLAUDIO REPRESENTED BY GUADALUPE JOSE, Respondent.

  • G.R. No. 194390, August 13, 2014 - VENANCIO M. SEVILLA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 198367, August 06, 2014 - OSG SHIPMANAGEMENT MANILA, INC., MERCEDES M. RAVANOPOLOUS, OSG SHIPMANAGEMENT (UK) LTD. & M/T DELPHINA, Petitioners, v. JOSELITO B. PELLAZAR, Respondent.

  • G.R. No. 192304, August 13, 2014 - ANCHOR SAVINGS BANK (now EQUICOM SAVINGS BANK), Petitioner, v. PINZMAN REALTY AND DEVELOPMENT CORPORATION, MARYLIN MAÑALAC AND RENATO GONZALES, Respondents.

  • G.R. No. 177845, August 20, 2014 - GRACE CHRISTIAN HIGH SCHOOL, REPRESENTED BY ITS PRINCIPAL, DR. JAMES TAN, Petitioner, v. FILIPINAS A. LAVANDERA, Respondent.

  • G.R. No. 200191, August 20, 2014 - LOURDES C. FERNANDEZ, Petitioner, v. NORMA VILLEGAS AND ANY PERSON ACTING IN HER BEHALF INCLUDING HER FAMILY, Respondents.

  • G.R. No. 206366, August 13, 2014 - PEOPLE OF THE PHILIPPINES, Appellee, v. EDUARDO BALAQUIT Y BALDERAMA, Appellant.

  • G.R. No. 192993, August 11, 2014 - WALLEM MARITIME SERVICES, INC., AND REGINALDO OBEN/WALLEM SHIPMANAGEMENT LIMITED, Petitioners, v. DONNABELLE PEDRAJAS AND SEAN JADE PEDRAJAS, Respondents.

  • G.R. No. 181723, August 11, 2014 - ELIZABETH DEL CARMEN, Petitioner, v. SPOUSES RESTITUTO SABORDO AND MIMA MAHILUM-SABORDO, Respondents.

  • A.M. No. RTJ-14-2390 (Formerly OCA I.P.I. No. 12-3923-RTJ), August 13, 2014 - JOSEPHINE JAZMINES TAN, Petitioner, v. JUDGE SIBANAH E. USMAN, REGIONAL TRIAL COURT, BRANCH 28, CATBALOGAN CITY, SAMAR, Respondent.

  • G.R. No. 212689, August 11, 2014 - ECE REALTY AND DEVELOPMENT, INC., Petitioner, v. HAYDYN HERNANDEZ,, Respondent.

  • G.R. Nos. 208828-29, August 13, 2014 - RICARDO C. SILVERIO, SR., Petitioner, v. RICARDO S. SILVERIO, JR., CITRINE HOLDINGS, INC., MONICA P. OCAMPO AND ZEE2 RESOURCES, INC., Respondents.

  • G.R. No. 171626, August 06, 2014 - OLONGAPO CITY, Petitioner, v. SUBIC WATER AND SEWERAGE CO., INC., Respondent.

  • G.R. No. 162230, August 12, 2014 - ISABELITA C. VINUYA, VICTORIA C. DELA PEÑA, HERMINIHILDA MANIMBO, LEONOR H. SUMAWANG, CANDELARIA L. SOLIMAN, MARIA L. QUILANTANG, MARIA L. MAGISA, NATALIA M. ALONZO, LOURDES M. NAVARO, FRANCISCA M. ATENCIO, ERLINDA MANALASTAS, TARCILA M. SAMPANG, ESTER M. PALACIO, MAXIMA R. DELA CRUZ, BELEN A. SAGUM, FELICIDAD TURLA, FLORENCIA M. DELA PEÑA, EUGENIA M. LALU, JULIANA G. MAGAT, CECILIA SANGUYO, ANA ALONZO, RUFINA P. MALLARI, ROSARIO M. ALARCON, RUFINA C. GULAPA, ZOILA B. MANALUS, CORAZON C. CALMA, MARTA A. GULAPA, TEODORA M. HERNANDEZ, FERMIN B. DELA PEÑA, MARIA DELA PAZ B. CULALA, ESPERANZA MANAPOL, JUANITA M. BRIONES, VERGINIA M. GUEVARRA, MAXIMA ANGULO, EMILIA SANGIL, TEOFILA R. PUNZALAN, JANUARIA G. GARCIA, PERLA B. BALINGIT, BELEN A. CULALA, PILAR Q. GALANG, ROSARIO C. BUCO, GAUDENCIA C. DELA PEÑA, RUFINA Q. CATACUTAN, FRANCIA A. BUCO, PASTORA C. GUEVARRA, VICTORIA M. DELA CRUZ, PETRONILA O. DELA CRUZ, ZENAIDA P. DELA CRUZ, CORAZON M. SUBA, EMERINCIANA A. VINUYA, LYDIA A. SANCHEZ, ROSALINA M. BUCO, PATRICIA A. BERNARDO, LUCILA H. PAYAWAL, MAGDALENA LIWAG, ESTER C. BALINGIT, JOVITA A. DAVID, EMILIA C. MANGILIT, VERGINIA M. BANGIT, GUILERMA S. BALINGIT, TERECITA PANGILINAN, MAMERTA C. PUNO, CRISENCIANA C. GULAPA, SEFERINA S. TURLA, MAXIMA B. TURLA, LEONICIA G. GUEVARRA, ROSALINA M. CULALA, CATALINA Y. MANIO, MAMERTA T. SAGUM, CARIDAD L. TURLA, et al. in their capacity and as members of the “Malaya Lolas Organizations,” Petitioners, v. THE HONORABLE EXECUTIVE SECRETARY ALBERTO G. ROMULO, THE HONORABLE SECRETARY OF FOREIGN AFFAIRS DELIA DOMINGO-ALBERT, THE HONORABLE SECRETARY OF JUSTICE MERCEDITAS N. GUTIERREZ, AND THE HONORABLE SOLICITOR GENERAL ALFREDO L. BENIPAYO,, Respondents.

  • G.R. No. 173082, August 06, 2014 - PALM AVENUE HOLDING CO., INC., AND PALM AVENUE REALTY AND DEVELOPMENT CORPORATION, Petitioners, v. SANDIGANBAYAN 5TH DIVISION, REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), Respondent.; [G.R. No. 195795] - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, Petitioner, v. HON. SANDIGANBAYAN, PALM AVENUE REALTY AND DEVELOPMENT CORPORATION AND PALM AVENUE HOLDING COMPANY, INC., Respondents.

  • G.R. Nos. 212536-37, August 27, 2014 - COMMISSIONER OF INTERNAL REVENUE AND COMMISSIONER OF CUSTOMS, Petitioners, v. PHILIPPINE AIRLINES, INC., Respondent.

  • G.R. No. 212953, August 05, 2014 - JOSE TAPALES VILLAROSA, Petitioner, v. ROMULO DE MESA FESTIN AND COMMISSION ON ELECTIONS,, Respondent.

  • G.R. No. 211049, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMEO CLOSA Y LUALHATI, Accused-Appellant.

  • G.R. No. 177616, August 27, 2014 - HEIRS OF SPOUSES JOAQUIN MANGUARDIA and SUSANA MANALO, namely: DANILO MANGUARDIA, ALMA MANGUARDIA, GEMMA MANGUARDIA, RODERICK MANGUARDIA, MADELINE MANGUARDIA, joined by her husband, RODRIGO VILLARANTE, ALAN MANGUARDIA, ROSE MANGUARDIA, joined by her husband, LEOPOLDO ADRID, JR., RONALD MANGUARDIA, JOEBERT MANGUARDIA, and RANDY MANGUARDIA; HEIRS OF SPOUSES LEONARDO ARAZA and REBECCA ARROYO, namely: MARY MAGDALENA ARAZA,* joined by her husband CARLITO VILLANUEVA, NENITA ARAZA, joined by her husband, LEONARDO BADE, ANTONIO ARAZA, and the children of ENECITA ARAZA- VARGAS, namely: GADFRY VARGAS, GINA VARGAS, JOEL VARGAS, MARY GRACE VARGAS, ANA MAE VARGAS, and the minor JUNAR VARGAS, represented by his guardian ad litem MAGDALENA ARAZA-VILLANUEVA, and THE REGISTER OF DEEDS OF CAPIZ, Petitioners, v. HEIRS OF SIMPLICIO VALLES and MARTA VALLES, represented by GRACIANO VALLES, SULPICIO VALLES, TERESITA VALLES, joined by her husband, LEOPOLDO ALAIR, and PRESENTACION CAPAPAS-VALLES, Respondents.

  • G.R. No. 193791, August 02, 2014 - PRIMANILA PLANS, INC., HEREIN REPRESENTED BY EDUARDO S. MADRID, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

  • G.R. No. 198342, August 13, 2014 - REMEDIOS O. YAP, Petitioner, v. ROVER MARITIME SERVICES CORPORATION, MR. RUEL BENISANO AND/OR UCO MARINE CONTRACTING W.L.L., Respondents.

  • G.R. No. 208170, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PETRUS YAU A.K.A. “JOHN” AND “RICKY” AND SUSANA YAU Y SUMOGBA A.K.A. “SUSAN”, Accused-Appellants.

  • G.R. No. 207992, August 11, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROBERTO HOLGADO Y DELA CRUZ AND ANTONIO MISAREZ Y ZARAGA, Accused-Appellants.

  • G.R. No. 171836, August 11, 2014 - DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY HON. NASSER C. PANGANDAMAN, IN HIS CAPACITY AS DAR-OIC SECRETARY, Petitioner, v. SUSIE IRENE GALLE, RESPONDENT., G.R. NO. 195213 - LAND BANK OF THE PHILIPPINES, Petitioner, v. SUSIE IRENE GALLE, SUBSTITUTED BY HER HEIRS, NAMELY HANS PETER, CARL OTTO, FRITZ WALTER, AND GEORGE ALAN, ALL SURNAMED REITH, Respondents.

  • G.R. No. 196040, August 26, 2014 - FE H. OKABE, Petitioner, v. ERNESTO A. SATURNINO, Respondent.

  • G.R. No. 203048, August 13, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUSTY BALA, Accused-Appellant.

  • G.R. No. 213181, August 19, 2014 - FRANCIS H. JARDELEZA, Petitioner, v. CHIEF JUSTICE MARIA LOURDES P. A. SERENO, THE JUDICIAL AND BAR COUNCIL AND EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., Respondents.

  • G.R. No. 200987, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONALDO BAYAN Y NERI, Accused-Appellant.

  • G.R. No. 207348, August 20, 2014 - ROWENA R. SOLANTE, Petitioner, v. COMMISSION ON AUDIT, CHAIRPERSON MA. GRACIA PULIDO-TAN, COMMISSIONER JUANITO G. ESPINO, JR., COMMISSIONER HEIDI L. MENDOZA, AND FORTUNATA M. RUBICO, DIRECTOR IV, COA COMMISSION SECRETARIAT, in their official capacities, Respondents.

  • G.R. No. 166944, August 18, 2014 - JUANITO MAGSINO, Petitioner, v. ELENA DE OCAMPO AND RAMON GUICO, Respondents.

  • G.R. No. 175689, August 13, 2014 - GEORGE A. ARRIOLA, Petitioner, v. PILIPINO STAR NGAYON, INC. AND/OR MIGUEL G. BELMONTE, Respondents.

  • G.R. No. 189061, August 06, 2014 - MIDWAY MARITIME AND TECHNOLOGICAL FOUNDATION, REPRESENTED BY ITS CHAIRMAN/PRESIDENT PHD IN EDUCATION DR. SABINO M. MANGLICMOT, Petitioner, v. MARISSA E. CASTRO, ET AL., Respondents.

  • G.R. No. 199420, August 27, 2014 - PHILNICO INDUSTRIAL CORPORATION, Petitioner, v. PRIVATIZATION AND MANAGEMENT OFFICE, Respondent.; G.R. NO. 199432 - PRIVATIZATION AND MANAGEMENT OFFICE, Petitioner, v. PHILNICO INDUSTRIAL CORPORATION, Respondent.

  • G.R. No. 195432, August 27, 2014 - EDELINA T. ANDO, Petitioner, v. DEPARTMENT OF FOREIGN AFFAIRS, Respondent.

  • G.R. No. 200645, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WENDEL OCDOL Y MENDOVA, EDISON TABIANAN, AND DANTE BORINAGA, ACCUSED. WENDEL OCDOL Y MENDOVA, Accused-Appellant.

  • G.R. No. 172404, August 13, 2014 - PEOPLE’S TRANS-EAST ASIA INSURANCE CORPORATION, A.K.A. PEOPLE'S GENERAL INSURANCE CORPORATION, Petitioner, v. DOCTORS OF NEW MILLENNIUM HOLDINGS, INC., Respondent.

  • A.M. No. P-06-2227 [Formerly A.M. No. 06-6-364-RTC], August 19, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ATTY. MARIO N. MELCHOR, JR., FORMER CLERK OF COURT VI, REGIONAL TRIAL COURT, BRANCH 16, NAVAL, BILIRAN (NOW PRESIDING JUDGE, MUNICIPAL CIRCUIT TRIAL COURT, CALUBIAN-SAN ISIDRO, LEYTE), Respondent.

  • G.R. No. 207253, August 20, 2014 - CRISPIN B. LOPEZ, Petitioner, v. IRVINE CONSTRUCTION CORP. AND TOMAS SY SANTOS, Respondents.

  • G.R. No. 200538, August 13, 2014 - CITY OF DAVAO, Petitioner, v. COURT OF APPEALS AND BENJAMIN C. DE GUZMAN, Respondents.

  • G.R. No. 188289, August 20, 2014 - DAVID A. NOVERAS, Petitioner, v. LETICIA T. NOVERAS, Respondent.

  • G.R. No. 203655, August 13, 2014 - SM LAND, INC., Petitioner, v. BASES CONVERSION AND DEVELOPMENT AUTHORITY AND ARNEL PACIANO D. CASANOVA, ESQ., IN HIS OFFICIAL CAPACITY AS PRESIDENT AND CEO OF BCDA, Respondents.

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    G.R. No. 200987, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONALDO BAYAN Y NERI, Accused-Appellant.

      G.R. No. 200987, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONALDO BAYAN Y NERI, Accused-Appellant.

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    G.R. No. 200987, August 20, 2014

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONALDO BAYAN Y NERI, Accused-Appellant.

    D E C I S I O N

    PEREZ, J.:

    On appeal is the Decision1 of the Court of Appeals promulgated on 19 July 2011 affirming the conviction by the Regional Trial Court2 (RTC) of Quezon City, Branch 82, of appellant Ronaldo Bayan y Neri for violation of Section 5, Article II of Republic Act No. 9165 and sentencing him to suffer life imprisonment and to pay a P500,000.00 fine.

    Appellant was charged following a “buy-bust” operation.

    The accusatory portion of the Information against appellant reads:ChanRoblesVirtualawlibrary

    That on or about the 5th day of July 2003, in Quezon City, Philippines, the said accused, not authorized by law to sell, dispense, deliver, transport or distribute any dangerous drug, did then and there, willfully and unlawfully sell, dispense, deliver, transport, distribute or act as broker in the said transaction, zero point zero three (0.03) grams of Methylamphetamine Hydrochloride known as Shabu, a dangerous drug. 3cralawred

    When arraigned, appellant pleaded not guilty.  Trial ensued.

    The prosecution presented as witnesses PO2 Emeterio Mendoza, Jr. (PO2 Mendoza), who acted as poseur-buyer, and PO3 Ferdinand de Guzman (PO3 de Guzman), a back-up operative who assisted PO2 Mendoza.  Their testimonies sought to establish the following facts:ChanRoblesVirtualawlibrary

    Police operatives from the Station Drug Enforcement Unit (SDEU) of the Novaliches Police Station conducted a buy-bust operation on 5 July 2003 based on a tip from an informant that a certain Ronaldo Bayan and Irene Bayan (Irene) were engaged in illegal drug trade in Barangay Capri, Novaliches, Quezon City.  The team leader, PO3 de Guzman, narrated that the buy-bust team conducted a surveillance at Barangay Capri where they were able to confirm that an illegal drug activity was ongoing in the house of appellant.  PO2 Mendoza prepared the pre-operation report which was submitted to the Philippine Drug Enforcement Agency.4  PO2 Mendoza was assigned as the poseur-buyer while PO3 de Guzman acted as one of his backups.  At about 7:40 p.m. of the same day, the team proceeded to the target place.  The buy-bust team was strategically positioned in the area while the informant and PO2 Mendoza went directly to the house of appellant.  When appellant opened the door, the informant introduced PO2 Mendoza to appellant as the buyer of shabu.  Appellant’s live-in partner, Irene, was likewise present during the introduction.  PO2 Mendoza readily gave the 100-peso bill to appellant in exchange for the small plastic sachet containing shabu.  Immediately after the exchange, PO2 Mendoza placed his hand on appellant’s shoulder, introduced himself as a police officer and arrested appellant.  Irene meanwhile tried to escape but PO3 de Guzman was able to arrest her.  PO3 de Guzman recovered from Irene’s possession dried marijuana leaves wrapped in a newspaper.  Appellant and Irene were brought to the police station where PO2 Mendoza put his markings “EM” on the plastic sachet he received from appellant.  Thereafter, they brought the plastic sachet to the crime laboratory.5cralawred

    The forensic chemist issued an Initial Laboratory Report which revealed that the heat-sealed transparent plastic sachet with markings “EM” containing 0.03 gram of white crystalline substance was found positive for shabu.6cralawred

    In his defense, appellant denied the charge against him.  He claimed that he and Irene were walking on their way home when they were blocked by five men at the corner of Guyabano Street and Amparo Capri Street.  Appellant recognized one of them as Isagani Mateo, who frequently displaces them whenever they sell in the market.  The five men frisked, handcuffed, and brought them to Station 4, Novaliches, Quezon City.  Thereat, they were asked to remove their clothes and they were frisked again.  Appellant saw a sachet of shabu and marijuana on top of a table.  They were forced by one of the policeman to point to the objects under threat of physical harm, while their photographs were being taken.  They were also asked to sign a document which they were not able to read.  Later that night, they were brought to the fiscal’s office for inquest without the presence of counsel.7cralawred

    On 20 February 2007, the RTC rendered a Decision finding appellant guilty of violation of Section 5, Article II of Republic Act No. 9165 and sentencing him to suffer life imprisonment and to pay a P500,000.00 fine.  Irene was likewise found guilty for violation of Section 11, Article II of Republic Act No. 9165 and was sentenced to suffer the indeterminate penalty of imprisonment of twelve (12) years and one (1) day as minimum to thirteen (13) years as maximum and to pay a fine in the amount P300,000.00.8  The trial court gave credence to the testimonies of the members of the buy-bust team.

    After receiving a copy of the trial court's Decision, the two accused seasonably filed a Notice of Appeal9 before the Court of Appeals.  On 19 July 2011, the appellate court acquitted Irene for violation of Section 11, Article II of Republic Act No. 9165 but appellant’s conviction was affirmed in toto.

    The appellate court held that the prosecution established the consummation of the sale through the testimony of the poseur-buyer.

    Appellant appealed his conviction before this Court, adopting the same arguments in his Brief before the Court of Appeals.

    Appellant maintains that the prosecution failed to prove beyond reasonable doubt the guilt of appellant due to the glaring inconsistencies in the testimonies of the prosecution’s witnesses.  Appellant points out that PO2 Mendoza spoke of an alleged informant while PO3 de Guzman mentioned a concerned citizen who called the police station to inform them of an illegal drug trade.  Appellant asserts that the prosecution failed to present the buy-bust money as proof of the illegal sale of shabu.  Appellant argues that since the buy-bust money was the consideration of the alleged sale, failure to adduce it in evidence is tantamount to failure to establish the elements of the crime.

    Appellant’s arguments deserve scant consideration. Jurisprudence dictates that minor inconsistencies do not affect the credibility of the witness.  We have held that “discrepancies and inconsistencies in the testimonies of witnesses referring to minor details, and not in actuality touching upon the central fact of the crime, do not impair their credibility. Testimonies of witnesses need only corroborate each other on important and relevant details concerning the principal occurrence.  In fact, such minor inconsistencies may even serve to strengthen the witnesses’ credibility as they negate any suspicion that the testimonies have been rehearsed.”10cralawred

    Failure to present the buy-bust money is not fatal to the prosecution’s cause.  It is not indispensable in drug cases since it is merely corroborative evidence, and the absence thereof does not create a hiatus in the evidence for the prosecution provided the sale of dangerous drugs is adequately proven and the drug subject of the transaction is presented before the court. Neither law nor jurisprudence requires the presentation of any money used in the buy-bust operation.11cralawred

    In every prosecution for illegal sale of shabu, the following elements must be sufficiently proved:  (1) the identity of the buyer and the seller, the object and the consideration; and (2) the delivery of the thing sold and the payment therefor.12  Indeed, all these elements were duly established.  Appellant was caught in flagrante delicto selling shabu through a buy-bust operation conducted by the operatives of SDEU of the Novaliches Police Station.

    The poseur-buyer, PO2 Mendoza, positively testified that the sale took place and appellant was the author thereof, thus:ChanRoblesVirtualawlibrary

    Q:
    What happened after you were tasked as poseur-buyer?
    A:
    We proceeded to the subject of our operation.
    Q:
    Where was that?
    A:
    No. 17 Guyabano Street, Barangay [Capril], Novaliches, Quezon City.
    Q:
    What time was that, what time did you arrive there?
    A:
    About 7:40.
    COURT:
    7:40 in the evening?
    A:
    Yes, your Honor.
    PROS. ANTERO:
    What happened when you arrived there?
    A:
    The informant introduced me to Ronaldo Bayan.
    Q:
    Where did you get contact with the subject?
    A:
    At No. 17 Guyabano Street.
    Q:
    How were you introduced to the subject by the informant?
    A:
    I was introduced as buyer of shabu.
    Q:
    To whom?
    A:
    Ronaldo Bayan, sir.
    Q:
    Is this Ronaldo Bayan inside this courtroom?
    A:
    Yes, sir.
    Q:
    Can you point to him?
    INTERPRETER:
    The witness is going to a man in yellow shirt who answered by the name of?
    ACCUSED:
    RONALDO BAYAN.
    INTERPRETER:
    RONALDO BAYAN.
    COURT:
    Who were present when you were introduced by the informant to Ronaldo Bayan?
    A:
    The live-in partner, Irene Bayan, me, the informant and Ronaldo Bayan, your Honor.
    PROS. ANTERO:
    Is this Irene Bayan inside this courtroom?
    A:
    Yes, sir.
    Q:
    Can you point to her?
    INTERPRETER:
    The witness is [pointing] to a woman who answered by the name of?
    ACCUSED 2:
    IRENE BAYAN.
    INTERPRETER:
    Irene Bayan.
    PROS. ANTERO:
    What happened after you were introduced to Ronaldo Bayan by the informant?
    A:
    I gave the P100.00, sir.
    A:
    Ronaldo Bayan, sir.
    Q:
    You gave it to whom?
    A:
    To Ronaldo Bayan, sir.
    Q:
    What did this Ronaldo Bayan do after you handed him this P100.00?
    A:
    He gave me shabu, sir.
    COURT:
    Where was it contained?
    A:
    Small plastic sachet, your Honor.
    PROS. ANTERO:
    He gave you a small plastic sachet?
    A:
    Yes, sir.
    Q:
    What happened after he gave you a small plastic sachet?
    A:
    I introduced myself as policeman.
    Q:
    What happened after you introduced yourself as a policeman?
    A:
    I placed my hand on his shoulder and introduced myself as a policeman and told him of his mistake and of his rights.13

    Appellant produced the plastic sachet containing shabu and handed it to the poseur-buyer in exchange for P100.00.  This transaction was witnessed by PO3 de Guzman who acted as one of the back-ups.

    Furthermore, the prosecution was able to preserve the integrity and evidentiary value of the said illegal drugs.  The prosecution was able to sufficiently establish the following circumstances showing an unbroken chain of custody over the shabu that was seized from herein accused-appellant: (1) P02 Mendoza, who acted as the poseur-buyer during the buy-bust operation, was the one who received the transparent plastic sachet containing shabu from the appellant;14 (2) the said transparent plastic sachet was then brought by PO2 Mendoza to the police station where he placed his initials “EM”;15 (3) thereafter, said sachet was brought to the crime laboratory for examination;16 and (4) the laboratory examination was conducted by Police Inspector Abraham Verde Tecson.17cralawred

    The result of the laboratory examination confirmed the presence of methylamphetamine hydrochloride on the white crystalline substance inside the plastic sachet confiscated from appellant.  The delivery of the illicit drug to the poseur-buyer and the receipt by the seller of the marked money successfully consummated the buy-bust transaction.

    Appellant’s defense, which is predicated on a bare denial, deserves scant consideration in light of the positive testimonies of the police officers. The defense of frame-up or denial in drug cases requires strong and convincing evidence because of the presumption that the law enforcement agencies acted in the regular performance of their official duties.18  Bare denials of appellant cannot prevail over the positive testimonies of the three police officers.19  Moreover, there is no evidence of any improper motive on the part of the police officers who conducted the buy-bust operation to falsely testify against appellant.

    Generally, factual findings of trial courts especially those which revolve matters of credibility of witnesses deserve to be respected when no glaring errors bordering on a gross misapprehension of the facts, or where no speculative, arbitrary and unsupported conclusions, can be gleaned from such findings.20  The evaluation of the credibility of witnesses and their testimonies are best undertaken by the trial court because of its unique opportunity to observe the witnesses’ deportment, demeanor, conduct and attitude under grilling examination.21cralawred

    We do not find any cogent reason to reverse the lower courts.

    In fine, it has been established by proof beyond reasonable doubt that appellants sold shabu.  Under Section 5, Article II of Republic Act No. 9165, the penalty of life imprisonment to death and fine ranging from P500,000.00 to P1,000,000.00 shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved.  Hence, the trial court, as affirmed by the Court of Appeals, correctly imposed the penalty of life imprisonment and a fine of P500,000.00.

    WHEREFORE, the Decision dated 19 July 2011 of the Court of Appeals affirming the conviction of appellant Ronaldo Bayan y Neri by the RTC of Quezon City, Branch 82 for violation of Section 5, Article II of Republic Act No. 9165 and sentencing him to suffer the penalty of LIFE IMPRISONMENT and to pay a fine of P500,000.00 is hereby AFFIRMED.

    SO ORDERED.cralawlaw library

    Carpio, (Chairperson), Velasco, Jr.,*Del Castillo, and Perlas-Bernabe, JJ., concur.

    Endnotes:


    * Per Special Order No. 1757 dated 20 August 2014.

    1 Penned by Associate Justice Rodil V. Zalameda with Associate Justices Normandie B. Pizarro and Romeo F. Barza, concurring.  Rollo, pp. 2-14.

    2 Presided by Judge Severino B. De Castro, Jr.  Records, pp. 179-189.

    3 Id. at 2.

    4 TSN, 7 December 2004, pp. 4-5.

    5 Id. at 10-11; TSN, 22 March 2006, pp. 3-11.

    6 Records, p. 14.

    7 TSN, 27 June 2006, pp. 3-6; TSN, 22 January 2007, pp. 3-7.

    8 Records, pp. 186-187.

    9 CA rollo, p. 30.

    10People v. Velasquez, G.R. No. 177224, 11 April 2012, 669 SCRA 307, 318-319 citing People v. Tuan, G.R. No. 176066, 11 August 2010, 628 SCRA 226, 242.

    11People v. Salak, G.R. No. 181249, 14 March 2011, 645 SCRA 269, 285.

    12People v. Montevirgen, G.R. No. 189840, 11 December 2013; People v. Blanco, G.R. No. 193661, 14 August 2013; People v. Hambora, G.R. No. 198701, 10 December 2012, 687 SCRA 653, 658.

    13 TSN, 22 March 2006, pp. 6-9.

    14 Id. at 232.

    15 Id. at 234.

    16 Id. at 235.

    17 Records, p. 14.

    18People v. Dela Rosa, G.R. No. 185166, 26 January 2011, 640 SCRA 635, 656.

    19People v. Torres, G.R. No. 191730, 5 June 2013.

    20Quelnan v. People, 553 Phil. 618, 637 (2007).

    21People v. Alunday, 586 Phil. 120, 128 (2008).

    G.R. No. 200987, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONALDO BAYAN Y NERI, Accused-Appellant.


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