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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
 

   
January-2014 Jurisprudence                 

  • A.C. No. 10135, January 15, 2014 - EDGARDO AREOLA, Complainant, v. ATTY. MARIA VILMA MENDOZA, Respondent.

  • A.C. No. 5581, January 14, 2014 - ROSE BUNAGAN-BANSIG, Complainant, v. ATTY. ROGELIO JUAN A. CELERA, Respondent.

  • A.M. No. P-12-3043, January 15, 2014 - (Formerly OCA I.P.I. No. 08-2953-P] - ATTY. MARCOS R. SUNDIANG, Complainant, v. ERLITO DS. BACHO, Sheriff IV, Regional Trial Court, Branch 124, Caloocan City, Respondent.

  • A.M. No. RTJ-14-2367, January 13, 2014 - (Formerly OCA I.P.I. No. 12-3879-RTJ) - SR. REMY ANGELA JUNIO, SPC and JOSEPHINE D. LORICA, Complainants, v. JUDGE MARIVIC A. CACATIAN-BELTRAN, BRANCH 3, REGIONAL TRIAL COURT TUGUEGARAO CITY, CAGAYAN, Respondent.

  • G.R. No. 160600, January 15, 2014 - DOMINGO GONZALO, Petitioner, v. JOHN TARNATE, JR., Respondent.

  • G.R. No. 161106, January 13, 2014 - WORLDWIDE WEB CORPORATION and CHERRYLL L. YU, Petitioners, v. PEOPLE OF THE PHILIPPINES and PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, Respondents.; G.R. No. 161266 - PLANET INTERNET CORP.,Petitioner, v. PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, Respondent.

  • G.R. No. 164246, January 15, 2014 - HERMINIA ACBANG, Petitioner, v. HON. JIMMY H.F. LUCZON, JR., PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 01, SECOND JUDICIAL REGION, TUGUEGARAO CITY, CAGAYAN, and SPOUSES MAXIMO LOPEZ and HEIDI L. LOPEZ, Respondents.

  • G.R. No. 164985, January 15, 2014 - FIRST UNITED CONSTRUCTORS CORPORATION and BLUE STAR CONSTRUCTION CORPORATION, Petitioners, v. BAYANIHAN AUTOMOTIVE CORPORATION, Respondent.

  • G.R. No 166995, January 13, 2014 - DENNIS T. VILLAREAL, Petitioner, v. CONSUELO C. ALIGA, Respondent.

  • G.R. No.172551, January 15, 2014 - LAND BANK OF THE PHILIPPINES, Petitioner, v. YATCO AGRICULTURAL ENTERPRISES, Respondent.

  • G.R. No. 176043, January 15, 2014 - SPOUSES BERNADETTE and RODULFO VILBAR, Petitioners, v. ANGELITO L. OPINION, Respondent.

  • G.R. No. 176439, January 15, 2014 - THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, Petitioner, v. BTL CONSTRUCTION CORPORATION, Respondent.; G.R. No. 176718 - BTL CONSTRUCTION CORPORATION,Petitioner, v. THE PRESIDENT OF THE MANILA MISSION OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS and BPI-MS INSURANCE CORPORATION, Respondents.

  • G.R. No. 178564, January 15, 2014 - INC. SHIPMANAGEMENT, INC., CAPTAIN SIGFREDO E. MONTERROYO AND/OR INTERORIENT NAVIGATION LIMITED, Petitioners, v. ALEXANDER L. MORADAS, Respondent.

  • G.R. No. 178564, January 15, 2014 : CONCURRING AND DISSENTING OPINION - Brion, J. : INC. SHIPMANAGEMENT, INC., CAPTAIN SIGFREDO E. MONTERROYO AND/OR INTERORIENT NAVIGATION LIMITED, Petitioners, v. ALEXANDER L. MORADAS, Respondent.

  • G.R. No. 183015, January 15, 2014 - REPUBLIC OF THE PHILIPPINES, represented by THE SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), Petitioner, v. TETRO ENTERPRISES, INCORPORATED, Respondent.

  • G.R. No. 183204, January 13, 2014 - THE METROPOLITAN BANK AND TRUST COMPANY, Petitioner, v. ANA GRACE ROSALES AND YO YUK TO, Respondents.

  • G.R. No. 183860, January 15, 2014 - RODOLFO LABORTE and PHILIPPINE TOURISM AUTHORITY, Petitioners, v. PAGSANJAN TOURISM CONSUMERS COOPERATIVE and LELIZA S. FABRICIO, WILLIAM BASCO, FELICIANO BASCO, FREDIE BASCO, ROGER MORAL NIDA ABARQUEZ, FLORANTE MUNAR, MARY JAVIER, MARIANO PELAGIO ALEX EQUIZ, ALEX PELAGIO ARNOLD OBIEN, EDELMIRO ABAQUIN, ARCEDO MUNAR, LIBRADO MALIWANAG, OSCAR LIWAG, OSCAR ABARQUEZ, JOEL BALAGUER, LIZARDO MUNAR, ARMANDO PANCHACOLA, MANUEL SAYCO, EDWIN MATIBAG, ARNEL VILLAGRACIA, RODOLFO LERON, ALFONSO ABANILLA, SONNY LAVA, AND DENNIS BASCO, Respondents.

  • G.R. No. 183918, January 15, 2014 - FRANCISCO LIM, Petitioner, v. EQUITABLE PCI BANK, now known as the BANCO DE ORO UNIBANK, INC.,* Respondent.

  • G.R. No. 185798, January 13, 2014 - FIL-ESTATE PROPERTIES, INC. AND FIL-ESTATE NETWORK INC., Petitioners, v. SPOUSES CONRADO AND MARIA VICTORIA RONQUILLO, Respondents.

  • G.R. No. 185922, January 15, 2014 - HEIRS OF DR. MARIANO FAVIS SR. represented by their co-heirs and Attorneys-in-Fact MERCEDES A. FAVIS and NELLY FAVIS- VILLAFUERTE, Petitioners, v. JUANA GONZALES, her son MARIANO G. FAVIS, MA. THERESA JOANA D. FAVIS, JAMES MARK D. FAVIS, all minors represented herein by their parents SPS. MARIANO FAVIS and LARCELITA D. FAVIS, Respondents.

  • G.R. No. 186063, January 15, 2014 - PHILIPPINE NATIONAL BANK, Petitioner, v. SAN MIGUEL CORPORATION, Respondent.

  • G.R. No. 190106, January 15, 2014 - MAGDALENA T. VILLASI, Petitioner, v. FILOMENO GARCIA, substituted by his heirs, namely, ERMELINDA H. GARCIA, LIZA GARCIA-GONZALEZ, THERESA GARCIA-TIANGSON, MARIVIC H. GARCIA, MARLENE GARCIA-MOMIN, GERARDO H. GARCIA, GIDEON H. GARCIA and GENEROSO H. GARCIA, and ERMELINDA H. GARCIA, Respondents.

  • G.R. No. 190928, January 13, 2014 - TEAM ENERGY CORPORATION (formerly MIRANT PAGBILAO CORP.), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 191498, January 15, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. MINDANAO II GEOTHERMAL PARTNERSHIP, Respondent.

  • G.R. No. 191555, January 20, 2014 - UNION BANK OF THE PHILIPPINES, Petitioner, v. DEVELOPMENT BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 192034, January 13, 2014 - ALPHA SHIP MANAGEMENT CORPORATION/JUNEL M CHAN and/or CHUO-KAIUN COMPANY, LIMITED, Petitioners, v. ELEOSIS V. CALO, Respondent.

  • G.R. No. 192371, January 15, 2014 - LAND BANK OF THE PHILIPPINES, Petitioner, v. EMMANUEL OÑATE, Respondent.

  • G.R. No. 193517, January 15, 2014 - THE HEIRS OF VICTORINO SARILI, NAMELY: ISABEL A. SARILI,* MELENCIA** S. MAXIMO, ALBERTO A. SARILI, IMELDA S. HIDALGO, all herein represented by CELSO A. SARILI, Petitioners, v. PEDRO F. LAGROSA, represented in this act by his Attorney-in-Fact LOURDES LABIOS MOJICA, Respondent.

  • G.R. No. 193986, January 15, 2014 - EASTERN SHIPPING LINES INC., Petitioner, v. BPI/MS INSURANCE CORP. and MITSUI SUM TOMO INSURANCE CO. LTD., Respondents.

  • G.R. No. 195064, January 15, 2014 - NARI K. GIDWANI, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 196047, January 15, 2014 - LEPANTO CONSOLIDATED MINING CORPORATION, Petitioner, v. BELIO ICAO, Respondent.

  • G.R. No. 196156, January 15, 2014 - VISAYAS COMMUNITY MEDICAL CENTER (VCMC), Formerly known as METRO CEBU COMMUNITY HOSPITAL (MCCH), Petitioner, v. ERMA YBALLE, NELIA ANGEL, ELEUTERIA CORTEZ and EVELYN ONG, Respondents.

  • G.R. No. 196171, January 15, 2014 - RCBC CAPITAL CORPORATION, Petitioner, v. BANCO DE ORO UNIBANK, INC. (now BDO UNIBANK, INC.), Respondent.; G.R. No. 199238 - BANCO DE ORO UNIBANK, INC., Petitioner, v. COURT OF APPEALS and RCBC CAPITAL CORPORATION, Respondents.; G.R. No. 200213 - BANCO DE ORO UNIBANK, INC., Petitioner, v. RCBC CAPITAL CORPORATION and THE ARBITRAL TRIBUNAL IN ICC ARBITRATION REF. NO. 13290/MS/JEM AND/OR RICHARD IAN BARKER, NEIL KAPLAN AND SANTIAGO KAPUNAN, in their official capacity as Members of THE ARBITRATION TRIBUNAL, Respondents.

  • G.R. No. 197760, January 13, 2014 - TEAM ENERGY CORPORATION (Formerly MIRANT PAGBILAO CORPORATION), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. Nos. 198729-30, January 15, 2014 - CBK POWER COMPANY LIMITED, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 199226, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROEL VERGARA y CLAVERO, Accused-Appellant.

  • G.R. No. 200304, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DONALD VASQUEZ y SANDIGAN @ "DON," Accused-Appellant,

  • G.R. No. 201092, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOEL AQUINO y CENDANA @ "AKONG," Accused-Appellant.

  • G.R. No. 203028, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSELITO BERAN y ZAPANTA @ "Jose", Accused-Appellant.

  • UDK No. 14817, January 13, 2014 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF MINOR SHANG KO VINGSON YU SHIRLY [email protected] SHIRLY VINGSON DEMAISIP, Petitioner, v. JOVY CABCABAN, Respondent.

  • G.R. No. 188747, January 29, 2014 - MANILA WATER COMPANY, Petitioner, v. CARLITO DEL ROSARIO, Respondent.

  • G.R. No. 191189, January 29, 2014 - MANLAR RICE MILL, INC., Petitioner, v. LOURDES L. DEYTO, DOING BUSINESS UNDER THE TRADE NAME “J.D. GRAINS CENTER” AND JENNELITA DEYTO ANG, A.K.A. “JANET ANG,” Respondents.

  • G.R. No. 188653, January 29, 2014 - LITO LOPEZ, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 178184, January 29, 2014 - GRAND ASIAN SHIPPING LINES, INC., EDUARDO P. FRANCISCO AND WILLIAM HOW, Petitioners, v. WILFREDO GALVEZ, JOEL SALES, CRISTITO GRUTA, DANILO ARGUELLES, RENATO BATAYOLA, PATRICIO FRESMILLO,* JOVY NOBLE, EMILIO DOMINICO, BENNY NILMAO, AND JOSE AUSTRAL, Respondents.

  • A.M. No. P–13–3171 (formerly A.M. OCA IPI No. 11–11–116–MeTC), January 28, 2014 - RE: HABITUAL TARDINESS OF CESAR E. SALES, CASH CLERK III, METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, MANILA.

  • G.R. No. 179367, January 29, 2014 - UNILEVER PHILIPPINES, INC., Petitioner, v. MICHAEL TAN A.K.A. PAUL D. TAN, Respondent.

  • A.C. No. 9872, January 28, 2014 - NATIVIDAD P. NAVARRO AND HILDA S. PRESBITERO, Complainants, v. ATTY. IVAN M. SOLIDUM, JR., Respondent.

  • G.R. No. 159926, January 20, 2014 - PINAUSUKAN SEAFOOD HOUSE, ROXAS BOULEVARD, INC., Petitioner, v. FAR EAST BANK & TRUST COMPANY, NOW BANK OF THE PHILIPPINE ISLANDS AND HECTOR IL. GALURA, Respondents.

  • A.M. No. P–12–3069, January 20, 2014 - ATTY. VIRGILIO P. ALCONERA, Complainant, v. ALFREDO T. PALLANAN, Respondent.

  • G.R. No. 202122, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. BERNABE PAREJA Y CRUZ, Accused–Appellant.

  • G.R. No. 189618, January 15, 2014 - RIVELISA REALTY, INC., REPRESENTED BY RICARDO P. VENTURINA, Petitioner, v. FIRST STA. CLARA BUILDERS CORPORATION, REPRESENTED BY RAMON A. PANGILINAN, AS PRESIDENT, Respondent.

  • G.R. No. 186439, January 15, 2014 - UNIVERSAL ROBINA SUGAR MILLING CORPORATION AND RENE CABATI, Petitioners, v. FERDINAND ACIBO, ROBERTO AGUILAR, EDDIE BALDOZA, RENE ABELLAR, DIOMEDES ALICOS, MIGUEL ALICOS, ROGELIO AMAHIT, LARRY AMASCO, FELIPE BALANSAG, ROMEO BALANSAG, MANUEL BANGOT, ANDY BANJAO, DIONISIO BENDIJO, JR., JOVENTINO BROCE, ENRICO LITERAL, RODGER RAMIREZ, BIENVENIDO RODRIGUEZ, DIOCITO PALAGTIW, ERNIE SABLAN, RICHARD PANCHO, RODRIGO ESTRABELA, DANNY KADUSALE AND ALLYROBYL OLPUS, Respondents.

  • G.R. No. 196435, January 29, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff?Appellee, v. JOEL CRISOSTOMO Y MALLIAR, Accused?Appellant.

  • G.R. No. 185922, January 15, 2014 - HEIRS OF DR. MARIANO FAVIS, SR., REPRESENTED BY THEIR CO?HEIRS AND ATTORNEYS?IN?FACT MERCEDES A. FAVIS AND NELLY FAVIS?VILLAFUERTE, Petitioners, v. JUANA GONZALES, HER SON MARIANO G. FAVIS, MA. THERESA JOANA D. FAVIS, JAMES MARK D. FAVIS, ALL MINORS REPRESENTED HEREIN BY THEIR PARENTS, SPS. MARIANO FAVIS AND LARCELITA D. FAVIS, Respondents.

  • G.R. No. 161308, January 15, 2014 - RICARDO MEDINA, JR. Y ORIEL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 201156, January 29, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. JOSELITO MORATE Y TARNATE, Accused–Appellant.

  • G.R. No. 186622, January 22, 2014 - PEBLIA ALFARO AND THE HEIRS OF PROSPEROUS ALFARO, NAMELY: MARY ANN PEARL ALFARO & ROUSLIA ALFARO, Petitioners, v. SPOUSES EDITHO AND HERA DUMALAGAN, SPOUSES CRISPIN AND EDITHA DALOGDOG, ET. AL., Respondents.

  • G.R. No. 156407, January 15, 2014 - THELMA M. ARANAS, Petitioner, v. TERESITA V. MERCADO, FELIMON V. MERCADO, CARMENCITA M. SUTHERLAND, RICHARD V. MERCADO, MA. TERESITA M. ANDERSON, AND FRANKLIN L. MERCADO, Respondents.

  • G.R. No. 173188, January 15, 2014 - THE CONJUGAL PARTNERSHIP OF THE SPOUSES VICENTE CADAVEDO AND BENITA ARCOY-CADAVEDO (BOTH DECEASED), SUBSTITUTED BY THEIR HEIRS, NAMELY: HERMINIA, PASTORA, HEIRS OF FRUCTUOSA, HEIRS OF RAQUEL, EVANGELINE, VICENTE, JR., AND ARMANDO, ALL SURNAMED CADAVEDO, Petitioners, v. VICTORINO (VIC) T. LACAYA, MARRIED TO ROSA LEGADOS, Respondents.

  • G.R. No. 178564, January 15, 2014 - INC SHIPMANAGEMENT, INC., CAPTAIN SIGFREDO E. MONTERROYO AND/OR INTERORIENT NAVIGATION LIMITED, Petitioners, v. ALEXANDER L. MORADAS, Respondent.

  • G.R. No. 176043, January 15, 2014 - SPOUSES BERNADETTE AND RODULFO VILBAR, Petitioners, v. ANGELITO L. OPINION, Respondent.

  • G.R. No. 164985, January 15, 2014 - FIRST UNITED CONSTRUCTORS CORPORATION AND BLUE STAR CONSTRUCTION CORPORATION, Petitioners, v. BAYANIHAN AUTOMOTIVE CORPORATION, Respondent.

  • G.R. No. 194612, January 27, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FLORO MANIGO Y MACALUA, Accused-Appellant.

  • G.R. No. 164246, January 15, 2014 - HERMINIA ACBANG, Petitioner, v. HON. JIMMY H.F. LUCZON, JR., PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 01, SECOND JUDICIAL REGION, TUGUEGARAO CITY, CAGAYAN, AND SPOUSES MAXIMO LOPEZ AND HEIDI L. LOPEZ, Respondents.

  • G.R. No. 192479, January 27, 2014 - DIONES BELZA, Petitioner, v. DANILO T. CANONERO, ANTONIO N. ESQUIVEL AND CEZAR I. BELZA, Respondents.

  • G.R. No. 201860, January 22, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARCELINO DADAO, ANTONIO SULINDAO, EDDIE MALOGSI (DECEASED) AND ALFEMIO MALOGSI,* Accused-Appellants.

  • G.R. No. 163753, January 15, 2014 - DR. ENCARNACION C. LUMANTAS, M.D., Petitioner, v. HANZ CALAPIZ, REPRESENTED BY HIS PARENTS, HILARIO CALAPIZ, JR. AND HERLITA CALAPIZ, Respondent.

  • G.R. No. 200804, January 22, 2014 - A.L. ANG NETWORK, INC., Petitioner, v. EMMA MONDEJAR, ACCOMPANIED BY HER HUSBAND, EFREN MONDEJAR, Respondent.

  • G.R. No. 162365, January 15, 2014 - ROBERTO R. DAVID, Petitioner, v. EDUARDO C. DAVID, Respondent.

  • G.R. No. 198804, January 22, 2014 - CARLITO VALENCIA Y CANDELARIA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 160758, January 15, 2014 - DEVELOPMENT BANK OF THE PHILIPPINES, Petitioner, v. GUARIÑA AGRICULTURAL AND REALTY DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 160600, January 15, 2014 - DOMINGO GONZALO, Petitioner, v. JOHN TARNATE, JR., Respondent.

  • G.R. No. 184045, January 22, 2014 - SPOUSES NICASIO C. MARQUEZ AND ANITA J. MARQUEZ, Petitioners, v. SPOUSES CARLITO ALINDOG AND CARMEN ALINDOG, Respondents.

  • G.R. No. 173540, January 22, 2014 - PEREGRINA MACUA VDA. DE AVENIDO, Petitioner, v. TECLA HOYBIA AVENIDO, Respondent.

  • A.C. No. 10135, January 15, 2014 - EDGARDO AREOLA, Complainant, v. ATTY. MARIA VILMA MENDOZA, Respondent.

  • G.R. No. 170701, January 22, 2014 - RALPH P. TUA, Petitioner, v. HON. CESAR A. MANGROBANG, PRESIDING JUDGE, BRANCH 22, REGIONAL TRIAL COURT, IMUS, CAVITE; AND ROSSANA HONRADO-TUA, Respondents.

  • A.M. No. RTJ-11-2287 (Formerly OCA I.P.I. No. 11-3640-RTJ), January 22, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. HON. CADER P. INDAR, AL HAJ, PRESIDING JUDGE AND ABDULRAHMAN D. PIANG, PROCESS SERVER, BRANCH 14, BOTH OF THE REGIONAL TRIAL COURT, BRANCH 14, COTABATO CITY, Respondents.

  • A.M. No. P-12-3043 [Formerly OCA I.P.I. No. 08-2953-P], January 15, 2014 - ATTY. MARCOS R. SUNDIANG, Complainant, v. ERLITO DS. BACHO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 124, CALOOCAN CITY, Respondent.

  • A.M. No. P-08-2574 (Formerly A.M. OCA IPI No. 08-2748-P), January 22, 2014 - RAUL K. SAN BUENAVENTURA, Complainant, v. TIMOTEO A. MIGRIÑO, CLERK OF COURT III, METROPOLITAN TRIAL COURT, BRANCH 69, PASIG CITY, Respondent.

  • A.C. No. 8644 [Formerly CBD Case No. 11-2908], January 22, 2014 - AIDA R. CAMPOS, ALISTAIR R. CAMPOS AND CHARMAINE R. CAMPOS, Complainants, v. ATTY. ELISEO M. CAMPOS, Respondent.

  • A.C. No. 5581, January 14, 2014 - ROSE BUNAGAN-BANSIG, Complainant, v. ATTY. ROGELIO JUAN A. CELERA, Respondent.

  • A.M. No. P-13-3141 [Formerly OCA I.P.I. No. 08-2875-P], January 21, 2014 - ATTY. RHEA R. ALCANTARA-AQUINO, Complainant, v. MYLENE H. DELA CRUZ, CLERK III, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, SANTA CRUZ, LAGUNA, Respondent.

  • A.M. No. P-05-2051, January 21, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ATTY. MONA LISA A. BUENCAMINO, CLERK OF COURT IV, DAVID E. MANIQUIS, CLERK OF COURT III, AND CIELITO M. MAPUE, SHERIFF III, ALL OF THE OFFICE OF THE CLERK OF COURT, METROPOLITAN TRIAL COURT, CALOOCAN CITY, Respondents.; A.M. No. 05-4-118-MeTC - RE: REPORT ON THE FINANCIAL AUDIT CONDUCTED IN THE METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY

  • G.R. No. 197760, January 13, 2014 - TEAM ENERGY CORPORATION (FORMERLY MIRANT PAGBILAO CORPORATION), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 191555, January 20, 2014 - UNION BANK OF THE PHILIPPINES, Petitioner, v. DEVELOPMENT BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 183880, January 20, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TOLEDO POWER, INC., Respondent.

  • G.R. No. 180972, January 20, 2014 - JONAS MICHAEL R. GARZA, Petitioner, v. COCA-COLA BOTTLERS PEREZ, AND PHILIPPINES, INC. CHRISTINE BANAL/ CALIXTO MANAIG, Respondents.

  • G.R. No. 192034, January 13, 2014 - ALPHA SHIP MANAGEMENT CORPORATION/JUNEL M. CHAN AND/OR CHUO-KAIUN COMPANY, LIMITED, Petitioners, v. ELEOSIS V. CALO, Respondent.

  • G.R. No. 176439, January 15, 2014 - THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, Petitioner, v. BTL CONSTRUCTION CORPORATION, RESPONDENT.; G.R. No. 176718 - BTL CONSTRUCTION CORPORATION, Petitioner, v. THE PRESIDENT OF THE MANILA MISSION OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS AND BPI-MS INSURANCE CORPORATION, Respondents.

  • G.R. No. 185798, January 13, 2014 - FIL-ESTATE PROPERTIES, INC. AND FIL-ESTATE NETWORK, INC., Petitioners, v. SPOUSES CONRADO AND MARIA VICTORIA RONQUILLO, Respondents.

  • G.R. No. 190928, January 13, 2014 - TEAM ENERGY CORPORATION (FORMERLY MIRANT PAGBILAO CORP.), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 201011, January 27, 2014 - THERESITA, JUAN, ASUNCION, PATROCINIA, RICARDO, AND GLORIA, ALL SURNAMED DIMAGUILA, Petitioners, v. JOSE AND SONIA A. MONTEIRO, Respondents.

  • G.R. No. 187973, January 20, 2014 - LZK HOLDINGS AND DEVELOPMENT CORPORATION, Petitioner, v. PLANTERS DEVELOPMENT BANK, Respondent.

  • G.R. No. 196231, January 28, 2014 - EMILIO A. GONZALES III, Petitioner, v. OFFICE OF THE PRESIDENT OF THE PHILIPPINES, ACTING THROUGH AND REPRESENTED BY EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., SENIOR DEPUTY EXECUTIVE SECRETARY JOSE AMOR M. AMORANDO, OFFICER-IN-CHARGE - OFFICE OF THE DEPUTY EXECUTIVE SECRETARY FOR LEGAL AFFAIRS, ATTY. RONALDO A. GERON, DIR. ROWENA TURINGAN-SANCHEZ, AND ATTY. CARLITO D. CATAYONG, Respondents.; G.R. No. 196232 - WENDELL BARRERAS-SULIT, Petitioner, v. ATTY. PAQUITO N. OCHOA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, OFFICE OF THE PRESIDENT, ATTY. DENNIS F. ORTIZ, ATTY. CARLO D. SULAY AND ATTY. FROILAN D. MONTALBAN, JR., IN THEIR CAPACITIES AS CHAIRMAN AND MEMBERS OF OFFICE OF MALACAÑANG LEGAL AFFAIRS, Respondents.

  • G.R. No. 200304, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DONALD VASQUEZ Y SANDIGAN @ “DON,” Accused-Appellant.

  • G.R. No. 201092, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOEL AQUINO Y CENDANA @ “AKONG,” Accused-Appellant.

  • G.R. No. 199226, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROEL VERGARA Y CLAVERO, Accused-Appellant.

  • G.R. No. 196171, January 15, 2014 - RCBC CAPITAL CORPORATION, Petitioner, v. BANCO DE ORO UNIBANK, INC. (NOW BDO UNIBANK, INC.), Respondent.; G.R. NO. 199238 - BANCO DE ORO UNIBANK, INC., Petitioner, v. COURT OF APPEALS AND RCBC CAPITAL CORPORATION, Respondents.; G.R. NO. 200213 - BANCO DE ORO UNIBANK, INC., Petitioner, v. RCBC CAPITAL CORPORATION AND THE ARBITRAL TRIBUNAL IN ICC ARBITRATION REF. NO. 13290/MS/JEM AND/OR RICHARD IAN BARKER, NEIL KAPLAN AND SANTIAGO KAPUNAN, IN THEIR OFFICIAL CAPACITY AS MEMBERS OF THE ARBITRATION TRIBUNAL, Respondents.

  • G.R. Nos. 198729-30, January 15, 2014 - CBK POWER COMPANY LIMITED, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 196156, January 15, 2014 - VISAYAS COMMUNITY MEDICAL CENTER (VCMC), FORMERLY KNOWN AS METRO CEBU COMMUNITY HOSPITAL (MCCH), Petitioner, v. ERMA YBALLE, NELIA ANGEL, ELEUTERIA CORTEZ AND EVELYN ONG, Respondents.

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  •  





     
     

    G.R. No. 161308, January 15, 2014 - RICARDO MEDINA, JR. Y ORIEL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

      G.R. No. 161308, January 15, 2014 - RICARDO MEDINA, JR. Y ORIEL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    G.R. No. 161308, January 15, 2014

    RICARDO MEDINA, JR. Y ORIEL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

    D E C I S I O N

    BERSAMIN, J.:

    Credibility of witnesses is determined by the conformity of their testimonies to human knowledge, observation and experience.

    The Case

    Ricardo Medina Jr. (Ricardo) appeals by petition for review on certiorari the affirmance of his conviction for homicide with modification of the penalty and civil liability by the Court of Appeals (CA) through the decision promulgated on July 7, 2003.1 He had assailed his conviction handed down under the decision rendered on January 31, 2001 by the Regional Trial Court (RTC), Branch 266, in Pasig City.2 His brother and co–accused, Randolf Medina (Randolf), was acquitted by the RTC for insufficiency of evidence.

    Antecedents

    This case concerns the fatal stabbing of Lino Mulinyawe (Lino) between 9:00 and 10:00 o’clock in the evening of April 3, 1997 at Jabson Street in Acacia, Pinagbuhatan, Pasig City. The stabbing was preceded by a fight during a basketball game between Ross Mulinyawe, Lino’s son, and Ronald Medina, the younger brother of Ricardo and Randolf. In that fight, Ronald had hit Ross with a piece of stone. Hearing about the involvement of his brother in the fight, Randolf rushed to the scene and sent Ronald home. Ross was brought to the hospital for treatment. Once Lino learned that his son had sustained a head injury inflicted by one of the Medinas, he forthwith went towards the house of the Medinas accompanied by his drinking buddies, Jose Tapan and Abet Menes. He had a bread knife tucked in the back, but his companions were unarmed. Along the way, Lino encountered Randolf whom he confronted about the fight. The two of them had a heated argument. Although Randolf tried to explain what had really happened between Ross and Ronald, Lino lashed out at Randolf and gripped the latter’s hand. Tapan almost simultaneously punched Randolf in the face.  Lino, already holding the knife in his right hand, swung the knife at Randolf who was not hit. Randolf retreated towards the store and took two empty bottles of beer, broke the bottles and attacked Lino with them. Arriving at the scene, Ricardo saw what was happening, and confronted Lino. A commotion ensued between them. Ricardo entered their house to get a kitchen knife and came out. Lino made a thrust at Ricardo but failed to hit the latter, who then stabbed Lino on the left side of his chest, near the region of the heart. Lino fell face down on the ground.  After that, Ricardo walked away, while Randolf threw the broken bottles at the fallen Lino.

    Lino’s injuries were described as follows:

    Fairly nourished, fairly developed male cadaver, in rigor mortis, with postmortem lividity at the dependent portions of the body.  Conjunctive lips and nailbeds are pale.

    HEAD, CHEST AND LEFT KNEE:

    (1) Lacerated wound, left parietal region, measuring 2 by 0.7 cm, 5 cm from the midsagittal line.

    (2) Abrasion, left parietal region, measuring 1.2 by 0.6 cm, 8 cm from the anterior midline.

    (3) Abrasion left maxillary region, measuring 2 by 0.3, 4.5 cm, from the anterior midline.

    (4) Stab wound, left mammary region, measuring 3.6 by 1.4 cm, 5.5 cm from the anterior line, 12 cm deep, directed posteriorwards, downwards, and medialwards, thru the 4th left intercostal space, piercing the pericardial sac and left ventricle.

    Cause of death is Stab wound of the chest.3ChanRoblesVirtualawlibrary

    On April 4, 1997, the Office of the City Prosecutor of Pasig City charged Randolf with homicide.4 The information was amended with leave of court to include Ricardo as a co–conspirator, alleging thusly:

    On or about April 3, 1997 in Pasig City and within the jurisdiction of this Honorable Court, the accused, conspiring and confederating together and both of them mutually helping and aiding one another, with intent to kill, did then and there willfully, unlawfully and feloniously attack, assault, stab and employ personal violence upon the person of Lino M. Mulinyawe, thereby inflicting upon the latter stab wound, which directly caused his death.

    Contrary to law.5

    The Defense claimed that it was Lino who had attacked Ricardo with a knife, and that Lino had accidentally stabbed himself  by falling frontward and into his own knife.


    Judgment of the RTC

    In its judgment rendered on January 31, 2001,6 the RTC acquitted Randolf but convicted Ricardo of homicide. It found no evidence of conspiracy between Randolf and Ricardo because their actions appeared to be independent and separate from each other and did not show that they had mounted a joint attack against Lino. It rejected Ricardo’s defense that the fatal stab wound of Lino had been self–inflicted, ratiocinating that:

    The fatal wound of the deceased is: ‘stab wound, left mamary [sic] region, measuring 3.6 by 1.4 cm, 5.5 cm from the anterior midline, 12 cm deep, directed posteriorwards, downwards, and medialwards, thru the 4th left intercostal space, piercing the pericardial sac and left ventricle.’ (See Exh. J).

    Randolf Medina testified that Lino Mulinyawe attacked him with a knife held with his right hand.  The trajectory of the stab wound sustained by Lino Mulinyawe at his left mammary region as shown by the Medico Legal Report and Medico Legal Examination on the cadaver of the deceased (Exhs. J and L) is incompatible and inconsistent with the defense of the accused that when Mulinyawe was making a thrust, he fell frontward and accidentally stabbed himself.  If the knife was held with the right hand of Lino Mulinyawe, the stab wound would not have been from the ‘anterior midline, 12 cm deep, directed posteriorwards, downwards, and medialwards, thru the 4th left intercostal space, piercing the pericardial sac and left ventricle.’ The trajectory of the stab wound would have been leftward and upward the body of the deceased if he really fell frontward upon it.7 (Emphasis supplied)

    The RTC disposed and decreed:

    WHEREFORE, postulates considered, this Court ACQUITS Randolf Medina for insufficiency of evidence to prove his guilt of the charge of homicide against him.

    However, the evidence of the prosecution has proven beyond reasonable doubt the GUILT of the accused Ricardo Medina, Jr. y Oriel for homicide and he is hereby sentenced with a penalty of imprisonment of Fourteen (14) years and Eight (8) Months and One (1) day to Seventeen (17) years and Four (4) Months of reclusion temporal in its medium period there being neither aggravating nor mitigating circumstance (Art. 64, par. 1, Revised Penal Code).

    The widow Marivi Mulinyawe is hereby awarded the amount of Thirty Thousand Pesos (P30,000.00) as actual damages and the amount of Fifty Thousand Pesos (P50,000.00) as moral damages, payable by Ricardo Medina, Jr. y Oriel.

    The bonds posted by both accused are hereby cancelled.

    SO ORDERED.8ChanRoblesVirtualawlibrary

    Decision of the CA

    Ricardo appealed, but the CA affirmed his conviction with modification of the penalty and the civil liability under the decision promulgated on July 7, 2003,9 to wit:

    WHEREFORE, premises considered, the present appeal is hereby DISMISSED and the decision appealed from in Criminal Case No. 112091 is hereby AFFIRMED with MODIFICATIONS in that accused–appellant Ricardo Medina, Jr. y Oriel is hereby instead sentenced to suffer an indeterminate prison term of eight (8) years and one (1) day to prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum, and that the award of actual damages is hereby reduced from Thirty Thousand Pesos (P30,000.00) to Twenty Thousand Pesos (P20,000.00) and the sum of Fifty Thousand Pesos (P50,000.00) is further granted as death indemnity in addition to the award of Fifty Thousand Pesos (P50,000.00) as moral damages.

    With costs against the accused–appellant.

    SO ORDERED.
    After his motion for reconsideration was denied on November 21, 2003,10 Ricardo appealed to the Court.

    Issues

    Ricardo now submits the following errors for consideration, namely:

    I

    THE LOWER COURT GRAVELY ERRED IN ITS FACTUAL FINDING THAT THE [PETITIONER] STABBED LINO MULINYAWE IN SPITE OF THE FACT THAT:

    1. THE PROSECUTION WITHHELD THE PRESENTATION OF THE ACTUAL KNIVES DURING THE HEARING OF THE CASE – WHICH PRESENTATION AND BLOOD ANALYSIS ON THE TWO KNIVES COULD HAVE PROVEN THAT LINO MULINYAWE FELL ON HIS OWN KNIFE.

    2. THE MEDICO–LEGAL TESTIMONY CORROBORATED THE FACT THAT LINO MULINYAWE FELL ON HIS OWN KNIFE.

    II

    THE COURT OF APPEALS GRAVELY ERRED IN ADOPTING THE TRIAL COURT’S OPINION THAT THE ‘FATAL WOUND COULD NOT HAVE BEEN SELF–INFLICTED’ WHICH WAS THE DIRECT OPPOSITE OF THE OPINION OF THE ONLY MEDICO–LEGAL EXPERT PRESENTED WHO POSITIVELY TESTIFIED THAT THE FATAL WOUND CAN POSSIBLY BE SELF–INFLICTED.

    III

    THE COURT OF APPEALS ERRED IN MAKING A FINDING THAT THE [PETITIONER] STABBED THE DECEASED BUT DISREGARDED X X X THE JUSTIFYING CIRCUMSTANCE OF DEFENSE OF A RELATIVE (ART. 11, RPC) X X X

    IV

    THE COURT OF APPEALS, EVEN ON THE ASSUMPTION THAT PETITIONER STABBED LINO MULINYAWE, DID NOT IMPOSE THE PROPER SENTENCE BY DISREGARDING THE PRESENCE OF MITIGATING CIRCUMSTANCES AND THE LACK OF AGGRAVATING CIRCUMSTANCE ATTENDANT TO THE CASE.11

    Ruling of the Court

    The appeal has no merit.

    First of all, Ricardo argues that his stabbing and inflicting of the fatal wound on Lino were not proven beyond reasonable doubt.

    The argument of Ricardo is a mere reiteration of his submissions that the CA had already exhaustively considered and passed upon. He has not added anything of substance or weight to persuasively show that the CA had erred in affirming the RTC.

    Time and again, this Court has deferred to the trial court’s factual findings and evaluation of the credibility of witnesses, especially when affirmed by the CA, in the absence of any clear showing that the trial court overlooked or misconstrued cogent facts and circumstances that would justify altering or revising such findings and evaluation.12 This is because the trial court’s determination proceeds from its first–hand opportunity to observe the demeanor of the witnesses, their conduct and attitude under grilling examination, thereby placing the trial court in the unique position to assess the witnesses’ credibility and to appreciate their truthfulness, honesty and candor.13   But here Ricardo has not projected any strong and compelling reasons to sway the Court into rejecting or revising such factual findings and evaluation in his favor.

    Secondly, Ricardo contends that the State did not present as evidence in court the two knives wielded by him and Lino despite repeated demands for their presentation; that had the knives been presented, it could have been demonstrated to the trial court that the smaller knife used by Lino had more blood stains than the knife held by him and would fit the size of the mortal wound; that his assertion that Lino had stabbed himself when he stumbled and lost his balance while swinging his knife at Randolf would have been thereby validated; and that in his testimony, Dr. Emmanuel Aranas of the PNP Crime Laboratory Service, Southern Police District, did not rule out the possibility that the wounds sustained by Lino were self–inflicted.

    The contention deserves no serious consideration.

    To start with, the following findings of the CA indicate that the evidence supporting the conviction for homicide was already overwhelming even without the presentation of the knife held by the victim, to wit:

    Reviewing the records, We find that appellant’s guilt as the perpetrator of the unlawful killing of the victim Lino Mulinyawe had been adequately proven by prosecution evidence, both testimonial and physical.  The credible and categorical testimonies of two (2) eyewitnesses during the entire incident on the night of April 3, 1997, Jeffrey and Sherwin, positively point to appellant as the one (1) who delivered the single fatal stabbing blow upon the victim while the latter was trying to counter the assault of appellant’s brother, co–accused Randolf who was then holding a broken bottle.  The lone knife thrust was directed at the heart of the victim, the wound penetrating said vital organ up to 12 centimeters deep, the direction, trajectory and depth of the stab wound clearly showing the intent to kill him. The medico–legal findings of Dr. Aranas sufficiently corroborate the account of said eyewitnesses that the victim was attacked frontally and the fatal stab wound caused by a single–bladed kitchen knife such as the one (1) identified in court, previously identified by the witness but only the photographs thereof were formally offered in evidence by the prosecution.

    The totality of prosecution evidence more than satisfactorily proves the commission of the offense and appellant’s authorship thereof.  Contrary to appellant’s contention, the non–presentation of blood samples from the victim and the accused as well as the instrument which accused used in perpetrating his felonious acts do not negate criminal liability – it is enough for the prosecution to establish by the required quantum of proof that a crime was committed and the accused was the author thereof.  The presentation of the weapon is not a prerequisite for conviction.  Such presentation and identification of the weapon used are not indispensable to prove the guilt of the accused much more so where the perpetrator has been positively identified by a credible witness.  Appellant’s insistence, therefore, that the presentation of the two (2) knives would prove his innocence is futile, irrelevant and immaterial, in the face of positive identification by two unbiased and credible eyewitnesses.  Positive identification where categorical and consistent and without any showing of ill–motive on the part of the eyewitnesses testifying on the matter prevails over a denial.  Denial being negative evidence which is self–serving in nature, cannot prevail over the positive identification of prosecution witnesses.  More so in this case where the defense of denial is not corroborated by disinterested and credible witnesses: the mother of the accused whose presence in the crime scene was not sufficiently established and Edgar Erro whose testimony is found to be doubtful and not without bias.14

    The non–identification and non–presentation of the weapon actually used in the killing did not diminish the merit of the conviction primarily because other competent evidence and the testimonies of witnesses had directly and positively identified and incriminated Ricardo as the assailant of Lino.15 Hence, the establishment beyond reasonable doubt of Ricardo’s guilt for the homicide did not require the production of the weapon used in the killing as evidence in court, for in arriving at its findings on the culpability of Ricardo the RTC, like other trial courts, clearly looked at, considered and appreciated the entirety of the record and the evidence. For sure, the weapon actually used was not indispensable considering that the finding of guilt was based on other evidence proving his commission of the crime.16

    In addition, the witnesses incriminating Ricardo were not only credible but were not shown to have harbored any ill–motive towards him. They were surely entitled to full faith and credit for those reasons, and both the RTC and the CA did well in according such credence to them. Their positive identification of him as the assailant prevailed over his mere denial, because such denial, being negative and self–serving evidence, was undeserving of weight by virtue of its lack of substantiation by clear and convincing proof.17 Hence, his denial had no greater evidentiary value than the affirmative testimonies of the credible witnesses presented against him.18

    And, thirdly, Ricardo’s attribution of serious error to the CA for not appreciating the justifying circumstance of defense of a relative in his favor was bereft of any support from the records.

    In order that defense of a relative is to be appreciated in favor of Ricardo, the following requisites must concur, namely: (1) unlawful aggression by the victim; (2) reasonable necessity of the means employed to prevent or repel the aggression; and (3) in case the provocation was given by the person attacked, that the person making the defense took no part in the provocation.19 Like in self–defense, it is the accused who carries the burden to prove convincingly the attendance and concurrence of these requisites because his invocation of this defense amounts to an admission of having inflicted the fatal injury on the victim.

    In invoking defense of a relative, Ricardo states that his immediate impulse upon seeing Randolf being attacked by Lino with a knife was to get his own weapon and to aid in the defense of Randolf. But that theory was inconsistent with his declaration at the trial that Lino’s fatal wound had been self–inflicted, as it presupposes direct responsibility for inflicting the mortal wound. Thus, his defense was unworthy of belief due to its incongruity with human experience.

    Verily, the issue of  credibility, when it is decisive of the guilt or innocence of the accused, is determined by the conformity of the conflicting claims and recollections of the witnesses to common experience and to the observation of mankind as probable under the circumstances. It has been appropriately emphasized that “[w]e have no test of the truth of human testimony, except its conformity to our knowledge, observation, and experience. Whatever is repugnant to these belongs to the miraculous and is outside of judicial cognizance.”20

    In fine, Ricardo has not convinced the Court in this appeal that the RTC and the CA overlooked, or misappreciated, or misread some fact or circumstance of weight and consequence that would have changed the outcome of the case in his favor.

    The Court needs to raise the civil indemnity from P50,000.00 to P75,000.00 in order to conform to the current judicial policy on the matter.21 The other awards of civil liability are sustained because of the absence of any challenge against them.

    WHEREFORE, the Court DENIES the petition for review for its lack of merit; AFFIRMS the decision promulgated on July 7, 2003 in all respects, subject to the MODIFICATION that the civil indemnity is increased to P75,000.00; and ORDERS the petitioner to pay the costs of suit.ChanRoblesVirtualawlibrary

    SO ORDERED.

    Sereno, C.J., Leonardo–De Castro, *Peralta, and Reyes, JJ. concur.


    Endnotes:


    * Vice Associate Justice Martin S. Villarama, Jr., who penned the decision under review, pursuant to the raffle of May 8, 2013.

    1Rollo, pp. 26–37; penned by Associate Justice Martin S. Villarama, Jr., (now a member of this Court) with Associate Justice Elvi John Asuncion and Associate Justice Mario L. Guariña, III concurring.

    2 Records, pp. 408–417.

    3 Records, p. 199–b.

    4 Id. at 1–2.

    5 Id. at 82–84.

    6 Supra note 2.

    7 Records, p. 416.

    8 Id. at 417.

    9 Supra note 1.

    10Rollo, pp. 39–41.

    11 Id. at 8.

    12People v. Malicdem, G.R. No. 184601, November 12, 2012, 685 SCRA 193, 201; People v. Dumadag, G.R. No. 176740, June 22, 2011, 652 SCRA 535, 543–544.

    13People v. Villacorta, G.R. No. 186412, September 7, 2011, 657 SCRA 270, 277.

    14   CA rollo, pp. 135–136.

    15People v. Fernandez, G.R. No. 134762, July 23, 2002, 385 SCRA 38, 45.

    16People v. Bagcal, G.R. No. 107529–30, January 29, 2001, 350 SCRA 402, 409.

    17People v. Agcanas, G. R. No. 174476, October 11, 2011, 658 SCRA 842, 847, citing People v. Caisip, 290 SCRA 451, 456.

    18 Id.

    19People v. Dano, G.R. No. 117690, September 1, 2000, 339 SCRA 515, 528.

    20 Salonga, Philippine Law on Evidence, 3rd Ed., 1964, p. 774, quoting New Jersey Vice Chancellor Van Fleet in Daggers v. Van Dyck, 37 N.J. Eq. 130.

    21People v. Bokingo, G.R. No. 187536, August 10, 2011, 655 SCRA 313, 334; People v. Teriapil, G.R. No. 191361, March 2, 2011, 644 SCRA 491, 495.

    G.R. No. 161308, January 15, 2014 - RICARDO MEDINA, JR. Y ORIEL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.


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