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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated, Labor Relations, Volume II of a 3-Volume Series 2017 Edition, 5th Revised Edition,
 

 
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March-2014 Jurisprudence                 

  • G.R. No. 189434, March 12, 2014 - FERDINAND R. MARCOS, JR., Petitioner, v. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, RESPONDENT.; G.R. NO. 189505 - IMELDA ROMUALDEZ-MARCOS, Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 188191, March 12, 2014 - ENRIQUE ALMERO Y ALCANTARA, Petitioner, v. PEOPLE OF THE PHILIPPINES, MIRASOL BARTOLOME, CLARITA P. MATIAS, ROSENDO P. MATIAS, AND ANTONIO P. MATIAS, Respondents.

  • A.M. No. MTJ-13-1838 [Formerly A.M. OCA IPI NO. 10-2260-MTJ], March 12, 2014 - SPOUSES RICARDO AND EVELYN MARCELO, Complainants, v. JUDGE RAMSEY DOMINGO G. PICHAY, METROPOLITAN TRIAL COURT, BRANCH 78, PARAÑAQUE CITY, Respondent.

  • G.R. No. 184371, March 05, 2014 - SPOUSES MARIO AND JULIA CAMPOS, Petitioners, v. REPUBLIC OF THE PHILIPPINES, Respondents.

  • G.R. No. 173423, March 05, 2014 - SPS. ANTONIO FORTUNA AND ERLINDA FORTUNA, Petitioners, v. REPUBLIC OF THE PHILIPPINES, Respondents.

  • G.R. No. 190837, March 05, 2014 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE BUREAU OF FOOD AND DRUGS (NOW FOOD AND DRUG ADMINISTRATION), Petitioner, v. DRUGMAKER’S LABORATORIES, INC. AND TERRAMEDIC, INC., Respondents.

  • A.M. No. P-12-3070 [Formerly A.M. OCA IPI No. 10-3327-P], March 11, 2014 - CIVIL SERVICE COMMISSION, Complainant, v. NENITA C. LONGOS, CLERK II, MUNICIPAL CIRCUIT TRIAL COURT, DEL CARMEN-NUMANCIA-SAN ISIDRO-SAN BENITO, SURIGAO DEL NORTE, Respondent.

  • A.C. No. ­10164, March 10, 2014 - STEPHAN BRUNET AND VIRGINIA ROMANILLOS BRUNET, Complainants, v. ATTY. RONALD L. GUAREN, Respondent.

  • A.C. No. 10185, March 12, 2014 - LICERIO DIZON, Complainant, v. ATTY. MARCELINO CABUCANA, JR., Respondent.

  • G.R. No. 195374, March 10, 2014 - PEDRO LUKANG, Petitioner, v. PAGBILAO DEVELOPMENT CORPORATION AND EDUARDO T. RODRIGUEZ, Respondents.

  • G.R. No. 196960, March 12, 2014 - PEOPLE OF THE PHILIPPINES, Appellee, v. ERWIN TAMAYO Y BAUTISTA, Appellant.

  • A.M. No. RTJ-14-2376 [Formerly OCA I.P.I. No. 11-3625-RTJ], March 05, 2014 - MA. LIZA M. JORDA, CITY PROSECUTOR'S OFFICE, TACLOBAN CITY, Complainant, v. JUDGE CRISOLOGO S. BITAS, REGIONAL TRIAL COURT, BRANCH 7, TACLOBAN CITY, RESPONDENT.; A.M. NO. RTJ-14-2377 [FORMERLY OCA I.P.I. NO. 11-3645-RTJ] - PROSECUTOR LEO C. TABAO, Complainant, v. JUDGE CRISOLOGO S. BITAS, REGIONAL TRIAL COURT, BRANCH 7, TACLOBAN CITY, Respondent.

  • A.C. No. 5359, March 10, 2014 - ERMELINDA LAD VDA. DE DOMINGUEZ, REPRESENTED BY HER ATTORNEY-IN-FACT, VICENTE A. PICHON, Complainant, v. ATTY. ARNULFO M. AGLERON, SR., Respondent.

  • G.R. No. 193684, March 05, 2014 - ONE NETWORK RURAL BANK, INC.,* Petitioner, v. DANILO G. BARIC, Respondents.

  • G.R. No. 180134, March 05, 2014 - RAFAEL VALES, CECILIA VALES-VASQUEZ, AND YASMIN VALES-JACINTO, Petitioners, v. MA. LUZ CHORESCA GALINATO, ERNESTO CHORESCA, TEOFILO AMADO, LORNA PARIAN MEDIANERO, REBECCA PORCAL, AND VIVENCIO ORDOYO, Respondents.

  • G.R. No. 180069, March 05, 2014 - PHILIPPINE COMMERCIAL INTERNATIONAL BANK (NOW BDO UNIBANK, INC.), Petitioner, v. ARTURO P. FRANCO, SUBSTITUTED BY HIS HEIRS, NAMELY: MAURICIA P. FRANCO, FLORIBEL P. FRANCO, AND ALEXANDER P. FRANCO,1 Respondents.

  • G.R. No. 208660, March 05, 2014 - PEÑAFRANCIA SUGAR MILL, INC., Petitioner, v. SUGAR REGULATORY ADMINISTRATION, Respondent.

  • G.R. No. 193047, March 03, 2014 - FIL-PRIDE SHIPPING COMPANY, INC., CAPTAIN NICOLAS T. DOLLOLASA AND OCEAN EAGLE SHIPMANAGEMENT COMPANY, PTE. LTD., Petitioners, v. EDGAR A. BALASTA, Respondent.

  • G.R. No. 171496, March 03, 2014 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), Petitioner, v. ORTIGAS AND COMPANY LIMITED PARTNERSHIP, Respondents.

  • G.R. No. 182399, March 12, 2014 - CS GARMENT, INC.,* Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondents.

  • G.R. No. 176055, March 17, 2014 - SPOUSES EDMUNDO DELA CRUZ AND AMELIA CONCIO-DELA CRUZ, Petitioners, v. SPOUSES RUFINO R. CAPCO AND MARTY1 C. CAPCO, Respondents.

  • G.R. No. 191360, March 10, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SHERWIN BIS Y AVELLANEDA, Accused-Appellant.

  • A.C. No. 9896, March 19, 2014 - MA. ELENA CARLOS NEBREJA, Petitioner, v. ATTY. BENJAMIN REONAL, Respondent.

  • G.R. No. 208232, March 10, 2014 - SURVIVING HEIRS OF ALFREDO R. BAUTISTA, NAMELY: EPIFANIA G. BAUTISTA AND ZOEY G. BAUTISTA, Petitioners, v. FRANCISCO LINDO AND WELHILMINA LINDO; AND HEIRS OF FILIPINA DAQUIGAN, NAMELY: MA. LOURDES DAQUIGAN, IMELDA CATHERINE DAQUIGAN, IMELDA DAQUIGAN AND CORSINO DAQUIGAN, REBECCA QUIAMCO AND ANDRES QUIAMCO, ROMULO LORICA AND DELIA LORICA, GEORGE CAJES AND LAURA CAJES, MELIDA BAÑEZ AND FRANCISCO BAÑEZ, MELANIE GOFREDO, GERVACIO CAJES AND ISABEL CAJES, EGMEDIO SEGOVIA AND VERGINIA SEGOVIA, ELSA N. SAM, PEDRO M. SAM AND LINA SAM, SANTIAGO MENDEZ AND MINA MENDEZ, HELEN M. BURTON AND LEONARDO BURTON, JOSE JACINTO AND BIENVENIDA JACINTO, IMELDA DAQUIGAN, LEO MATIGA AND ALICIA MATIGA, FLORENCIO ACEDO JR., AND LYLA VALERIO, Respondents.

  • G.R. No. 172909, March 05, 2014 - SPOUSES SILVESTRE O. PLAZA AND ELENA Y. PLAZA, Petitioners, v. GUILLERMO LUSTIVA, ELEODORA VDA. DE MARTINEZ AND VICKY SAYSON GOLOSENO, Respondents.

  • G.R. No. 181806, March 12, 2014 - WESLEYAN UNIVERSITY PHILIPPINES, Petitioner, v. WESLEYAN UNIVERSITY- PHILIPPINES FACULTY AND STAFF ASSOCIATION, Respondent.

  • G.R. No. 207819, March 12, 2014 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GUILLERMO B. CADANO, JR., Accused-Appellant.

  • G.R. No. 188539, March 12, 2014 - MARIANO LIM, Petitioner, v. SECURITY BANK CORPORATION,* Respondent.

  • G.R. No. 190724, March 12, 2014 - DIAMOND TAXI AND/OR BRYAN ONG, Petitioners, v. FELIPE LLAMAS, JR., Respondents.

  • G.R. No. 183034, March 12, 2014 - SPOUSES FERNANDO AND MA. ELENA SANTOS, Petitioners, v. LOLITA ALCAZAR, REPRESENTED BY HER ATTORNEY-IN-FACT DELFIN CHUA, Respondent.

  • G.R. No. 205230, March 12, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ERNESTO VENTURA, SR., Accused-Appellant.

  • G.R. No. 201234, March 17, 2014 - HEIRS OF AMADA A. ZAULDA, NAMELY: ELESEO A. ZAULDA AND RODOLFO A. ZAULDA, Petitioners, v. ISAAC Z. ZAULDA, Respondents.

  • G.R. No. 201601, March 12, 2014 - MARYLOU CABRERA, Petitioner, v. FELIX NG, Respondents.

  • G.R. No. 195872, March 12, 2014 - FORTUNE MEDICARE, INC., Petitioner, v. DAVID ROBERT U. AMORIN, Respondents.

  • A.C. No. 9116, March 12, 2014 - NESTOR B. FIGUERAS AND BIENVENIDO VICTORIA, JR., Complainants, v. ATTY. DIOSDADO B. JIMENEZ, Respondent.

  • G.R. No. 204894, March 10, 2014 - PEOPLE OF THE PHILIPPINES, Appellee, v. NOEL ENOJAS Y HINGPIT, ARNOLD GOMEZ Y FABREGAS, FERNANDO SANTOS Y DELANTAR, AND ROGER JALANDONI Y ARI, Appellants.

  • G.R. No. 163361, March 12, 2014 - SPOUSES JOSE M. ESTACION, JR. and ANGELINA T. ESTACION, Petitioners, v. THE HONORABLE SECRETARY DEPARTMENT OF AGRARIAN REFORM, REGIONAL DIRECTOR, DAR, REGION 7, PROVINCIAL AGRARIAN REFORM OFFICER OF NEGROS ORIENTAL, MUNICIPAL AGRARIAN REFORM OFFICER, DAR, GUIHULNGAN, NEGROS ORIENTAL, PRESIDENT, LAND BANK OF THE PHILIPPINES, and PHILIPPINE NATIONAL BANK, DUMAGUETE BRANCH, Respondents.

  • G.R. No. 192100, March 12, 2014 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH)1, Petitioner, v. ASIA PACIFIC INTEGRATED STEEL CORPORATION, Respondent.

  • G.R. No. 186621, March 12, 2014 - SOUTH EAST INTERNATIONAL RATTAN, INC. AND/OR ESTANISLAO1 AGBAY, Petitioners, v. JESUS J. COMING, Respondent.

  • G.R. No. 199689, March 12, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. HERMANOS CONSTANTINO, JR. Y BINAYUG, A.K.A. “JOJIT,” Accused-Appellant.

  • G.R. No. 191455, March 12, 2014 - DREAMLAND HOTEL RESORT AND WESTLEY J. PRENTICE, PRESIDENT, Petitioners, v. STEPHEN B. JOHNSON, Respondent.

  • G.R. No. 168539, March 25, 2014 - PEOPLE OF THE PHILIPPINES, Petitioner, v. HENRY T. GO, Respondent.

  • A.M. No. RTJ–08–2151, March 11, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Petitioner, v. JUDGE EDWIN C. LARIDA, JR., RTC, BRANCH 18, TAGAYTAY CITY, Respondent.

  • G.R. No. 163767, March 10, 2014 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DIRECTOR OF LANDS, Petitioner, v. ROSARIO DE GUZMAN VDA. DE JOSON, Respondent.

  • G.R. No. 160689, March 26, 2014 - RAUL H. SESBREÑO, Petitioner, v. HONORABLE COURT OF APPEALS, JUAN I. COROMINA (SUBSTITUTED BY ANITA COROMINA, ELIZABETH COROMINA AND ROSIEMARIE COROMINA), VICENTE E. GARCIA (SUBSTITUTED BY EDGAR JOHN GARCIA), FELIPE CONSTANTINO, RONALD ARCILLA, NORBETO ABELLANA, DEMETRIO BALICHA, ANGELITA LHUILLIER, JOSE E. GARCIA, AND VISAYAN ELECTRIC COMPANY (VECO), Respondents.

  • G.R. No. 164408, March 24, 2014 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. ZURBARAN REALTY AND DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 200468, March 19, 2014 - MACARIA ARGUELLES AND THE HEIRS OF THE DECEASED PETRONIO ARGUELLES, Petitioners, v. MALARAYAT RURAL BANK, INC., Respondent.

  • G.R. No. 201643, March 12, 2014 - OFFICE OF THE OMBUDSMAN, Petitioner, v. JOSE T. CAPULONG, Respondent.

  • G.R. No. 192717, March 12, 2014 - MINDA S. GAERLAN, Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 192123, March 10, 2014 - DR. FERNANDO P. SOLIDUM, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.M. No. P–12–3055 (O.C.A. IPI No. 10–3509–P), March 26, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JOHNI GLENN D. RUNES,1 Respondent.

  • A.C. No. 7961, March 19, 2014 - ATTY. CLODUALDO C. DE JESUS, Complainant, v. ATTY. ALICIA A. RISOS–VIDAL, Respondent.

  • G.R. No. 199740, March 24, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. JERRY OBOGNE, Accused–Appellant.

  • G.R. No. 199146, March 19, 2014 - HEIRS OF PACIFICO POCDO, NAMELY, RITA POCDO GASIC, GOLIC POCDO, MARCELA POCDO ALFELOR, KENNETH POCDO, NIXON CADOS, JACQUELINE CADOS LEE, EFLYN CADOS, AND GIRLIE CADOS DAPLIN, HEREIN REPRESENTED BY THEIR ATTORNEY–IN–FACT JOHN POCDO, Petitioners, v. ARSENIA AVILA AND EMELINDA CHUA, Respondents.

  • G.R. No. 189420, March 26, 2014 - RAUL V. ARAMBULO AND TERESITA A. DELA CRUZ, Petitioners, v. GENARO NOLASCO AND JEREMY SPENCER NOLASCO, Respondents.

  • G.R. No. 162063, March 31, 2014 - LEONORA A. PASCUAL, REPRESENTED BY FLOREBHEE N. AGCAOILI, ATTORNEY–IN–FACT, Petitioner, v. JOSEFINO L. DAQUIOAG, IN HIS CAPACITY AS CENRO OF BANGUI, ILOCOS NORTE; EMILIO R. D. DOLOROSO, IN HIS CAPACITY AS LAND MANAGEMENT OFFICER III, DENR, CENRO–BANGUI, ILOCOS NORTE; ALBERTO B. BAGUIO, IN HIS CAPACITY AS SPECIAL LAND INVESTIGATOR; RENATO C. TUMAMAO AND NILO C. CERALDE, IN THEIR CAPACITIES AS CARTOGRAPHERS/DPLIS, CENRO–BANGUI, ILOCOS NORTE; AND CATALINA ALMAZAN–VILLAMOR, Respondents.

  • G.R. No. 193768, March 05, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. JERRY CARANTO Y PROPETA, Accused–Appellant.

  • G.R. No. 191727, March 31, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. MANUEL APLAT Y SUBLINO AND JACKSON DANGLAY Y BOTIL, ACCUSED, MANUEL APLAT Y SUBLINO, Accused–Appellant.

  • G.R. No. 189176, March 19, 2014 - BARRY LANIER AND PERLITA LANIER, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 181055, March 19, 2014 - HEIRS OF TERESITA MONTOYA, REPRESENTED BY JOEL MONTOYA, HEIRS OF PATRICIO OCAMPO, REPRESENTED BY VIOLETA OCAMPO, AND BARTOLOME OCAMPO, Petitioners, v. NATIONAL HOUSING AUTHORITY, DORITA GONZALES AND ERNESTO GONZALES, IN HIS CAPACITY AND AS ATTORNEY–IN–FACT, Respondents.

  • G.R. No. 177493, March 19, 2014 - ERIC GODFREY STANLEY LIVESEY, Petitioner, v. BINSWANGER PHILIPPINES, INC. AND KEITH ELLIOT, Respondents.

  • G.R. No. 169778, March 12, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SILICON PHILIPPINES, INC. (FORMERLY INTEL PHILIPPINES MANUFACTURING, INC.), Respondent.

  • G.R. No. 161151, March 24, 2014 - BJDC CONSTRUCTION, REPRESENTED BY ITS MANAGER/PROPRIETOR JANET S. DELA CRUZ, Petitioner, v. NENA E. LANUZO, CLAUDETTE E. LANUZO, JANET E. LANUZO, JOAN BERNABE E. LANUZO, AND RYAN JOSE E. LANUZO, Respondents.

  • G.R. No. 187944, March 12, 2014 - CARMENCITA SUAREZ, Petitioner, v. MR. AND MRS. FELIX E. EMBOY, JR. AND MARILOU P. EMBOY–DELANTAR, Respondents.

  • G.R. No. 193628, March 19, 2014 - SPLASH PHILIPPINES, INC., LORENZO ESTRADA, TAIYO SANGYO TRADING AND MARINE SERVICE, LTD. (TST PANAMA S.A.) AND M/V HARUTAMOU, Petitioners, v. RONULFO G. RUIZO, Respondent.

  • G.R. No. 195031, March 26, 2014 - INTERNATIONAL CONTAINER TERMINAL SERVICES, INC., Petitioner, v. CELESTE M. CHUA, Respondent.

  • G.R. No. 197204, March 26, 2014 - DANILO O. GARCIA AND JOVEN SD. BRIZUELA, Petitioners, v. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 196142, March 26, 2014 - VENUS B. CASTILLO, LEAH J. EVANGELISTA, DITAS M. DOLENDO, DAWN KAREN S. SY AND PRUDENTIAL PLANS, INC. EMPLOYEES UNION – FEDERATION OF FREE WORKERS (PPEU–FFW), Petitioners, v. PRUDENTIALIFE PLANS, INC., AND/OR JOSE ALBERTO T. ALBA, ATTY. CEFERINO A. PATIÑO, JR., AND ROSEMARIE DE LEMOS, Respondents.

  • G.R. No. 204869, March 11, 2014 - TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (TESDA), Petitioner, v. THE COMMISSION ON AUDIT, CHAIRPERSON MA. GRACIA M. PULIDO TAN, COMMISSIONER JUANITO G. ESPINO, JR., AND COMMISSIONER HEIDI L. MENDOZA, Respondents.

  • G.R. No. 193494, March 07, 2014 - LUI ENTERPRISES, INC., Petitioner, v. ZUELLIG PHARMA CORPORATION AND THE PHILIPPINE BANK OF COMMUNICATIONS, Respondents.

  • G.R. No. 195542, March 19, 2014 - SECURITIES AND EXCHANGE COMMISSION, Petitioner, v. OUDINE SANTOS, Respondent.

  • G.R. No. 154390, March 17, 2014 - METROPOLITAN FABRICS, INC. AND ENRIQUE ANG, Petitioners, v. PROSPERITY CREDIT RESOURCES INC., DOMINGO ANG AND CALEB ANG, Respondents.

  • G.R. No. 193107, March 24, 2014 - SUTHERLAND GLOBAL SERVICES (PHILIPPINES), INC. AND JANETTE G. LAGAZO, Petitioners, v. LARRY S. LABRADOR, Respondent.

  • A.C. No. 5329, March 18, 2014 - HEINZ R. HECK, Complainant, v. CITY PROSECUTOR CASIANO A. GAMOTIN, JR., Respondent.

  • A.C. No. 10179 (Formerly CBD 11–2985), March 04, 2014 - BENJAMIN Q. ONG, Complainant, v. ATTY. WILLIAM F. DELOS SANTOS, Respondent.

  • G.R. No. 188828, March 05, 2014 - CO SAY COCO PRODUCTS PHILS., INC., TANAWAN PORT SERVICES, EFREN CO SAY AND YVETTE SALAZAR, Petitioners, v. BENJAMIN BALTASAR, MARVIN A. BALTASAR, RAYMUNDO A. BOTALON, NILO B. BORDEOS, JR., CARLO B. BOTALON AND GERONIMO B. BAS, Respondents.

  • G.R. No. 150326, March 12, 2014 - THE NATIONAL WAGES AND PRODUCTIVITY COMMISSION (NWPC) AND THE REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD (RTWPB)– NCR, Petitioners, v. THE ALLIANCE OF PROGRESSIVE LABOR (APL) AND THE TUNAY NA NAGKAKAISANG MANGGAGAWA SA ROYAL (TNMR–APL),Respondents.

  • OCA IPI No. 12–204–CA–J, March 11, 2014 - RE: VERIFIED COMPLAINT FOR DISBARMENT OF AMA LAND, INC. (REPRESENTED BY JOSEPH B. USITA) AGAINST COURT OF APPEALS ASSOCIATE JUSTICES HON. DANTON Q. BUESER, HON. SESINANDO E. VILLON AND HON. RICARDO R. ROSARIO.

  • G.R. No. 158916, March 19, 2014 - HEIRS OF CORNELIO MIGUEL, Petitioners, v. HEIRS OF ANGEL MIGUEL, Respondents.

  • G.R. No. 196146, March 12, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. FREDDIE LADIP Y RUBIO, Accused–Appellant.

  • G.R. Nos. 197942–43, 199528, March 26, 2014 - PHILIPPINE AMUSEMENT AND GAMING CORPORATION, Petitioner, v. THUNDERBIRD PILIPINAS HOTELS AND RESORTS, INC., EASTBAY RESORTS, INC., AND HON. CICERO JURADO, JR., PRESIDING JUDGE, REGIONAL TRIAL COURT OF MANILA, BRANCH 11, Respondents.

  • G.R. No. 157485, March 26, 2014 - REPUBLIC OF THE PHILIPPINES REPRESENTED BY AKLAN NATIONAL COLLEGE OF FISHERIES (ANCF) AND DR. ELENITA R. ANDRADE, IN HER CAPACITY AS ANCF SUPERINTENDENT, Petitioner, v. HEIRS OF MAXIMA LACHICA SIN, NAMELY: SALVACION L. SIN, ROSARIO S. ENRIQUEZ, FRANCISCO L. SIN, MARIA S. YUCHINTAT, MANUEL L. SIN, JAIME CARDINAL SIN, RAMON L. SIN, AND CEFERINA S. VITA, Respondents.

  • G.R. No. 171482, March 12, 2014 - ASHMOR M. TESORO, PEDRO ANG AND GREGORIO SHARP, Petitioners, v. METRO MANILA RETREADERS, INC. (BANDAG) AND/OR NORTHERN LUZON RETREADERS, INC. (BANDAG) AND/OR POWER TIRE AND RUBBER CORP. (BANDAG), Respondents.

  • G.R. No. 162205, March 31, 2014 - REVELINA LIMSON, Petitioner, v. EUGENIO JUAN GONZALEZ, Respondent.

  • A.M. No. P–12–3074 (Formerly A.M. No. 12–6–48–MCTC), March 17, 2014 - THE OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. CLARITA R. PEREZ, CLERK OF COURT II, MUNICIPAL CIRCUIT TRIAL COURT, SAN TEODORO–BACO–PUERTO GALERA, ORIENTAL MINDORO, Respondent.

  • A.M. No. P–09–2648 (formerly A.M. No. 09–4–181–RTC), March 26, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ATTY. LEAH ESPERA MIRANDA, CLERK OF COURT V; AND MS. JOCELYN H. DIVINAGRACIA, CLERK III, BOTH OF THE RTC, BR. 38, ILOILO CITY, Respondents.; A.M. No. P–13–3174 (formerly OCA I.P.I. No. 09–3128–P) - ATTY. REX G. RICO, Complainant, v. CLERK OF COURT V LEAH ESPERA MIRANDA AND CLERK III JOCELYN H. DIVINAGRACIA, Respondents.

  • A.C. No. 3405, March 18, 2014 - JULIETA B. NARAG, Complainant, v. ATTY. DOMINADOR M. NARAG, Respondent.

  • A.M. No. 07–9–454–RTC, March 18, 2014 - RE: JUDICIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT, BRANCH20,CAGAYAN DE ORO CITY, MISAMIS ORIENTAL.; A.M. No. 05–2–108–RTC - REQUEST OF JUDGE GREGORIO D. PANTANOSAS, JR., REGIONAL TRIAL COURT, BRANCH20, CAGAYANDE ORO CITY, FOR EXTENSION OF TIME TO DECIDE CRIMINAL CASES NOS. 92–1935 & 26 OTHERS.

  • G.R. No. 193516, March 24, 2014 - VILMA MACEDONIO, Petitioner, v. CATALINA RAMO, YOLANDA S. MARQUEZ, SPOUSES ROEL AND OPHELIA PEDRO, SPOUSES JOEFFRY AND ELIZA BALANAG, AND BPI FAMILY SAVINGS BANK, INC., Respondents.

  • G.R. No. 201663, March 31, 2014 - EMMANUEL M. OLORES, Petitioner, v. MANILA DOCTORS COLLEGE AND/OR TERESITA O. TURLA, Respondent.

  • G.R. No. 196894, March 03, 2014 - JESUS G. CRISOLOGO AND NANETTE B. CRISOLOGO, Petitioners, v. JEWM AGRO–INDUSTRIAL CORPORATION, Respondent.

  • A.M. No. MTJ–13–1823, March 19, 2014 - P/SR. INSP. TEDDY M. ROSQUETA, Complainant, v. JUDGE JONATHAN A. ASUNCION, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 2, LAOAG CITY, Respondent.

  • G.R. No. 201732, March 26, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. JESUS BURCE, Accused–Appellant.

  • G.R. No. 199687, March 24, 2014 - PACIFIC REHOUSE CORPORATION, Petitioner, v. COURT OF APPEALS AND EXPORT AND INDUSTRY BANK, INC., Respondents.; G.R. No. 201537 - PACIFIC REHOUSE CORPORATION, PACIFIC CONCORDE CORPORATION, MIZPAH HOLDINGS, INC., FORUM HOLDINGS CORPORATION AND EAST ASIA OIL COMPANY, INC., Petitioners, v. EXPORT AND INDUSTRY BANK, INC., Respondent.

  • G.R. No. 179408, March 05, 2014 - PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, Petitioner, v. ABIGAIL R. RAZON ALVAREZ AND VERNON R. RAZON, Respondents.

  • G.R. No. 190053, March 24, 2014 - NAVOTAS SHIPYARD CORPORATION and JESUS VILLAFLOR, Petitioners, v. INNOCENCIO MONT ALLANA, ALFREDO BAUTISTA, TEODORO JUDLOMAN, GUILLERMO BONGAS, ROGELIO BONGAS, DIOSDADO BUSANTE, EMILIANO BADU and ROSENDO SUBING-SUBING, Respondents.

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    G.R. No. 204894, March 10, 2014 - PEOPLE OF THE PHILIPPINES, Appellee, v. NOEL ENOJAS Y HINGPIT, ARNOLD GOMEZ Y FABREGAS, FERNANDO SANTOS Y DELANTAR, AND ROGER JALANDONI Y ARI, Appellants.

     

    G.R. No. 204894, March 10, 2014 - PEOPLE OF THE PHILIPPINES, Appellee, v. NOEL ENOJAS Y HINGPIT, ARNOLD GOMEZ Y FABREGAS, FERNANDO SANTOS Y DELANTAR, AND ROGER JALANDONI Y ARI, Appellants.

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    G.R. No. 204894, March 10, 2014

    PEOPLE OF THE PHILIPPINES, Appellee, v. NOEL ENOJAS Y HINGPIT, ARNOLD GOMEZ Y FABREGAS, FERNANDO SANTOS Y DELANTAR, AND ROGER JALANDONI Y ARI, Appellants.

    D E C I S I O N

    ABAD, J.:

    On September 4, 2006 the City Prosecutor of Las Piñas charged appellants Noel Enojas y Hingpit (Enojas), Arnold Gomez y Fabregas (Gomez), Fernando Santos y Delantar (Santos), and Roger Jalandoni y Ari (Jalandoni) with murder before the Las Piñas Regional Trial Court (RTC) in Criminal Case 06-0854.1crallawlibrary

    PO2 Eduardo Gregorio, Jr. (PO2 Gregorio) testified that at around 10:30 in the evening of August 29, 2006, he and PO2 Francisco Pangilinan (PO2 Pangilinan) were patrolling the vicinity of Toyota Alabang and SM Southmall when they spotted a taxi that was suspiciously parked in front of the Aguila Auto Glass shop near the intersection of BF Almanza and Alabang-Zapote Roads. The officers approached the taxi and asked the driver, later identified as accused Enojas, for his documents. The latter complied but, having entertained doubts regarding the veracity of documents shown them, they asked him to come with them to the police station in their mobile car for further questioning.2crallawlibrary

    Accused Enojas voluntarily went with the police officers and left his taxi behind. On reaching the 7-11 convenience store on the Zapote-Alabang Road, however, they stopped and PO2 Pangilinan went down to relieve himself there. As he approached the store’s door, however, he came upon two suspected robbers and shot it out with them. PO2 Pangilinan shot one suspect dead and hit the other who still managed to escape. But someone fired at PO2 Pangilinan causing his death.

    On hearing the shots, PO2 Gregorio came around and fired at an armed man whom he saw running towards Pilar Village. He saw another man, who came from the Jollibbee outlet, run towards Alabang-Zapote Road while firing his gun at PO2 Gregorio. The latter returned fire but the men were able to take a taxi and escape. PO2 Gregorio radioed for help and for an ambulance. On returning to his mobile car, he realized that accused Enojas, the taxi driver they had with them had fled.

    P/Insp. Ferjen Torred (Torred), the Chief of Investigation Division of the Las Piñas Police, testified that he and PO2 Teoson Rosarito (PO2 Rosarito) immediately responded to PO2 Gregorio’s urgent call. Suspecting that accused Enojas, the taxi driver who fled, was involved in the attempted robbery, they searched the abandoned taxi and found a mobile phone that Enojas apparently left behind. P/Ins. Torred instructed PO3 Joel Cambi (PO3 Cambi) to monitor its incoming messages.3crallawlibrary

    The police later ascertained that the suspect whom PO2 Pangilinan had killed was someone named Reynaldo Mendoza who was armed with a .38 caliber revolver. The police found spent 9 mm and M-16 rifle shells at the crime scene. Follow-up operations at nearby provinces resulted in finding the dead body of one of the suspects, Alex Angeles, at the Metro South Medical Center along Molino, Bacoor, Cavite.4crallawlibrary

    PO3 Cambi and PO2 Rosarito testified that they monitored the messages in accused Enojas’ mobile phone and, posing as Enojas, communicated with the other accused. The police then conducted an entrapment operation that resulted in the arrest of accused Santos and Jalandoni. Subsequently, the police were also able to capture accused Enojas and Gomez. The prosecution presented the transcripts of the mobile phone text messages between Enojas and some of his co-accused.5crallawlibrary

    The victim’s father, Ricardo Pangilinan, testified that his son was at the time of his death 28 years old, unmarried, and was receiving police pay of P8,000.00 to P10,000.00 per month. Ricardo spent P99,999 for burial expense, P16,000.00 for the interment services, and P50,000.00 for purchase of the cemetery lot.6crallawlibrary

    Manifesting in open court that they did not want to adduce any evidence or testify in the case,7 the accused opted to instead file a trial memorandum on March 10, 2008 for their defense. They pointed out that they were entitled to an acquittal since they were all illegally arrested and since the evidence of the text messages were inadmissible, not having been properly identified.

    On June 2, 2008 the RTC rendered judgment,8 finding all the accused guilty of murder qualified by evident premeditation and use of armed men with the special aggravating circumstance of use of unlicensed firearms. It thus sentenced them to suffer the penalty of reclusion perpetua, without the possibility of parole and to indemnify the heirs of PO2 Pangilinan with P165,999.00 as actual damages, P50,000.00 as moral damages, P25,000.00 as exemplary damages, and P2,080,000.00 as compensation for loss of earning capacity.

    Upon review in CA-G.R. CR-H.C. 03377, on June 14, 2012 the Court of Appeals (CA) dismissed the appeal and affirmed in toto the conviction of the accused.9 The CA, however, found the absence of evident premeditation since the prosecution failed to prove that the several accused planned the crime before committing it. The accused appealed from the CA to this Court.10crallawlibrary

    The defense points out that the prosecution failed to present direct evidence that the accused Enojas, Gomez, Santos, or Jalandoni took part in shooting PO2 Pangilinan dead.11 This may be true but the prosecution could prove their liability by circumstantial evidence that meets the evidentiary standard of proof beyond reasonable doubt. It has been held that circumstantial evidence is sufficient for conviction if: 1) there is more than one circumstance; 2) the facts from which the inferences are derived are proven; and 3) the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. 12crallawlibrary

    Here the totality of the circumstantial evidence the prosecution presented sufficiently provides basis for the conviction of all the accused. Thus:chanRoblesVirtualawlibrary

    1. PO2 Gregorio positively identified accused Enojas as the driver of the taxicab suspiciously parked in front of the Aguila Auto Glass shop. The officers were bringing him with them to the police station because of the questionable documents he showed upon query. Subsequent inspection of the taxicab yielded Enojas’ mobile phone that contained messages which led to the entrapment and capture of the other accused who were also taxicab drivers.

    2. Enojas fled during the commotion rather than remain in the cab to go to the police station where he was about to be taken for questioning, tending to show that he had something to hide. He certainly did not go to the police afterwards to clear up the matter and claim his taxi.

    3. PO2 Gregorio positively identified accused Gomez as one of the men he saw running away from the scene of the shooting.

    4. The text messages identified “Kua Justin” as one of those who engaged PO2 Pangilinan in the shootout; the messages also referred to “Kua Justin” as the one who was hit in such shootout and later died in a hospital in Bacoor, Cavite. These messages linked the other accused.

    5. During the follow-up operations, the police investigators succeeded in entrapping accused Santos, Jalandoni, Enojas, and Gomez, who were all named in the text messages.

    6. The text messages sent to the phone recovered from the taxi driven by Enojas clearly made references to the 7-11 shootout and to the wounding of “Kua Justin,” one of the gunmen, and his subsequent death.

    7. The context of the messages showed that the accused were members of an organized group of taxicab drivers engaged in illegal activities.

    8. Upon the arrest of the accused, they were found in possession of mobile phones with call numbers that corresponded to the senders of the messages received on the mobile phone that accused Enojas left in his taxicab.13

    The Court must, however, disagree with the CA’s ruling that the aggravating circumstances of a) aid of armed men and b) use of unlicensed firearms qualified the killing of PO2 Pangilinan to murder. In “aid of armed men,” the men act as accomplices only. They must not be acting in the commission of the crime under the same purpose as the principal accused, otherwise they are to be regarded as co-principals or co-conspirators. The use of unlicensed firearm, on the other hand, is a special aggravating circumstance that is not among the circumstances mentioned in Article 248 of the Revised Penal Code as qualifying a homicide to murder.14 Consequently, the accused in this case may be held liable only for homicide, aggravated by the use of unlicensed firearms, a circumstance alleged in the information.

    As to the admissibility of the text messages, the RTC admitted them in conformity with the Court’s earlier Resolution applying the Rules on Electronic Evidence to criminal actions.15 Text messages are to be proved by the testimony of a person who was a party to the same or has personal knowledge of them.16 Here, PO3 Cambi, posing as the accused Enojas, exchanged text messages with the other accused in order to identify and entrap them. As the recipient of those messages sent from and to the mobile phone in his possession, PO3 Cambi had personal knowledge of such messages and was competent to testify on them.

    The accused lament that they were arrested without a valid warrant of arrest. But, assuming that this was so, it cannot be a ground for acquitting them of the crime charged but for rejecting any evidence that may have been taken from them after an unauthorized search as an incident of an unlawful arrest, a point that is not in issue here. At any rate, a crime had been committed—the killing of PO2 Pangilinan—and the investigating police officers had personal knowledge of facts indicating that the persons they were to arrest had committed it.17 The text messages to and from the mobile phone left at the scene by accused Enojas provided strong leads on the participation and identities of the accused. Indeed, the police caught them in an entrapment using this knowledge.

    The award of damages by the courts below has to be modified to conform to current jurisprudence.18crallawlibrary

    WHEREFORE, the Court MODIFIES the Court of Appeals Decision of June 14, 2012 in CA-G.R. CR-HC 03377. The Court instead FINDS accused-appellants Noel Enojas y Hingpit, Arnold Gomez y Fabregas, Fernando Santos y Delantar, and Roger Jalandoni y Ari GUILTY of the lesser crime of HOMICIDE with the special aggravating circumstance of use of unlicensed firearms. Applying the Indeterminate Sentence Law, the Court SENTENCES each of them to 12 years of prision mayor, as minimum, to 20 years of reclusion temporal, as maximum. The Court also MODIFIES the award of exemplary damages by increasing it to P30,000.00, with an additional P50,000.00 for civil indemnity.

    SO ORDERED.

    Velasco, Jr., (Chairperson), Peralta, Mendoza, and Leonen, JJ., concur.

    Endnotes:


    1 Records, p. 1.

    2 TSN, February 8, 2007, pp. 4-7.

    3 TSN, May 3, 2007, pp. 10-14.

    4 CA rollo, p. 28.

    5 Records, pp. 431-438.

    6 TSN, December 14, 2006, pp. 4-7.

    7Rollo, p. 6.

    8 Id. at 27-34.

    9 Id. at 2-17.

    10 Id. at 18.

    11Bacolod v. People, G.R. No. 206236, July 15, 2013.

    12People v. Garcia, 577 Phil. 483, 500 (2008).

    13 CA rollo, pp. 32-33.

    14 See People v. Candado, 174 Phil. 12, 27-28 (1978).

    15 A.M. No. 01-7-01-SC, Re: Expansion of the Coverage of the Rules on Electronic Evidence, September 24, 2002.

    Rule 1, Sec. 2. Cases covered. - These Rules shall apply to the criminal and civil actions and proceeding, as well as quasi-judicial and administrative cases.

    16 Id., Rule 11, Section 2:chanRoblesVirtualawlibrary

    Section 2. Ephemeral electronic communications. - Ephemeral electronic communications shall be proven by the testimony of a person who was a party to the same or has personal knowledge thereof. In the absence or unavailability of such witnesses, other competent evidence may be admitted.

    17 RULES OF COURT, Rule 113, Section 5(b).

    18People v. Relos, Sr., G.R. No. 189326, November 24, 2010, 636 SCRA 258, 264-265.

    G.R. No. 204894, March 10, 2014 - PEOPLE OF THE PHILIPPINES, Appellee, v. NOEL ENOJAS Y HINGPIT, ARNOLD GOMEZ Y FABREGAS, FERNANDO SANTOS Y DELANTAR, AND ROGER JALANDONI Y ARI, Appellants.






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