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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
 

   
December-2015 Jurisprudence                 

  • G.R. No. 212058, December 07, 2015 - STAR ELECTRIC CORPORATION, Petitioner, v. R & G CONSTRUCTION DEVELOPMENT AND TRADING, INC., Respondent.

  • G.R. No. 210445, December 07, 2015 - NILO B. ROSIT, Petitioner, v. DAVAO DOCTORS HOSPITAL AND DR. ROLANDO G. GESTUVO, Respondent.

  • G.R. No. 195547, December 02, 2015 - MA. CORAZON M. OLA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 209418, December 07, 2015 - W.M. MANUFACTURING, INC., Petitioner, v. RICHARD R. DALAG AND GOLDEN ROCK MANPOWER SERVICES, Respondent.

  • G.R. No. 197763, December 07, 2015 - SMART COMMUNICATIONS, INC., MR. NAPOLEON L. NAZARENO, AND MR. RICKY P. ISLA, Petitioners, v. JOSE LENI Z. SOLIDUM, Respondent.; G.R. No. 197836 - JOSE LENI Z. SOLIDUM, Petitioner, v. SMART COMMUNICATIONS, INC., MR. NAPOLEON L. NAZARENO, AND MR. RICKY P. ISLA, Respondent.

  • G.R. No. 207633, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHNLIE LAGANGGA Y DUMPA, Accused-Appellant.

  • G.R. No. 203115, December 07, 2015 - ISLAND OVERSEAS TRANSPORT CORPORATION/PINE CREST SHIPPING CORPORATION/CAPT. EMMANUEL L. REGIO, Petitioners, v. ARMANDO M. BEJA, Respondent.

  • G.R. Nos. 216007-09, December 08, 2015 - PEOPLE OF THE PHILIPPINES, Petitioner, v. LUZVIMINDA S. VALDEZ AND THE SANDIGANBAYAN (FIFTH DIVISION), Respondent.

  • G.R. No. 204275, December 09, 2015 - LILIOSA C. LISONDRA, Petitioner, v. MEGACRAFT INTERNATIONAL CORPORATION AND SPOUSES MELECIO AND ROSEMARIE OAMIL, Respondent.

  • G.R. No. 201652, December 02, 2015 - HEIRS OF SIMEON LATAYAN, NAMELY: LEONIDES Q. LATAYAN, ARIEL Q. LATAYAN, AND ETHEL Q. LATAYAN-AMPIL, REPRESENTED BY THEIR ATTORNEY-IN-FACT, LEONIDES Q. LATAYAN, Petitioners, v. PEING TAN, JOHNNY TAN, HERMTNIGILDO CASALAN, WEBINO VILLAREAL, DIOSCOROMOLO, DAMACINO BAYAWA, EDGAR NARITA, YOLANDA NARITA, POLICRONIA CAPIONES, ANDRES LOZANO, GREGORIO YAGAO, EMILIANO GUMATAY, JESUS ALCONTIN, ADAM DULAUON, MARIO PEREZ, LARRY CEMAFRANCA, FELIXBERTO BULADACO, CIPRIANOAHIT, BUENAVENTURA B ACALSO AND SALDE ESPIA, Respondents.

  • G.R. No. 196415, December 02, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TOLEDO POWER COMPANY, Respondent.; G.R. No. 196451 - TOLEDO POWER COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 221318, December 16, 2015 - KABATAAN PARTY-LIST, REPRESENTED BY REPRESENTATIVE JAMES MARK TERRY L. RIDON AND MARJOHARA S. TUCAY; SARAH JANE I. ELAGO, PRESIDENT OF THE NATIONAL UNION OF STUDENTS OF THE PHILIPPINES; VENCER MARI E. CRISOSTOMO, CHAIRPERSON OF THE ANAKBAYAN; MARC LINO J. ABILA, NATIONAL PRESIDENT OF THE COLLEGE EDITORS GUILD OF THE PHILIPPINES; EINSTEIN Z. RECEDES, DEPUTY SECRETARY- GENERAL OF ANAKBAYAN; CHARISSE BERNADINE I. BAÑEZ, CHAIRPERSON OF THE LEAGUE OF FILIPINO STUDENTS; ARLENE CLARISSE Y. JULVE, MEMBER OF ALYANSA NG MGA GRUPONG HALIGI NG AGHAM AT TEKNOLOHIYA PARA SA MAMAMAYAN (AGHAM); AND SINING MARIA ROSA L. MARFORI, Petitioners, v. COMMISSION ELECTIONS, ON, Respondent.

  • G.R. Nos. 197096-97, December 07, 2015 - ANTONIO Z. KING, HEREIN REPRESENTED BY HIS ATTORNEY-IN-FACT, EDGARDO SANTOS, Petitioner, v. FRANCISCO A. ROBLES, ANTONIO T. DATU, RENE A. MASILUNGAN, RESTITUTO S. SOLOMON, RODRIGO MENDOZA, ROMEO MENDOZA REYNALDO DATU, JOSEPH TIU, TERESITA TIU, ROGELIO GEBILAGUIN AND PRESCILLA GEBILAGUIN, Respondent.

  • G.R. No. 207112, December 08, 2015 - PILIPINAS TOTAL GAS, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 210855, December 09, 2015 - ROLANDO S. ABADILLA, JR., Petitioner, v. SPOUSES BONIFACIO P. OBRERO AND BERNABELA N. OBRERO, AND JUDITH OBRERO-TIMBRESA, Respondent.

  • G.R. No. 199314 [Formerly UDK No. 14553], December 07, 2015 - TAMBLOT SECURITY & GENERAL SERVICES, INC., Petitioner, v. FLORENCIO ITEM, LEONARDO PALM A, RTCARDO UCANG, FLORENCRO AMORA, REYNALDO DANO, APOLLO JOTOJOT, TEODORO BARONG, JUAN T. CUSI, TEODORO DE LOS REYES, EFREN ESCOL, JOVANNE COSE, DARIO S. GEALON, JULIO ESPADA AND DARIO PAJE, Respondent.

  • G.R. No. 192659, December 02, 2015 - PHILIPPINE RACE HORSE TRAINER'S ASSOCIATION, INC., Petitioner, v. PIEDRAS NEGRAS CONSTRUCTION AND DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 218787, December 08, 2015 - LEO Y. QUERUBIN, MARIA CORAZON M. AKOL, AND AUGUSTO C. LAGMAN, Petitioners, v. COMMISSION ON ELECTIONS EN BANC, REPRESENTED BY CHAIRPERSON J. ANDRES D. BAUTISTA, AND JOINT VENTURE OF SMARTMATIC-TIM CORPORATION, TOTAL INFORMATION MANAGEMENT CORPORATION, SMARTMATIC INTERNATIONAL HOLDING B.V. AND JARLTECH INTERNATIONAL CORPORATION, REPRESENTED BY PARTNER WITH BIGGEST EQUITY SHARE, SMARTMATIC-TIM CORPORATION, ITS GENERAL MANAGER ALASTAIR JOSEPH JAMES WELLS, SMARTMATIC CHAIRMAN LORD MALLOCH-BROWN, SMARTMATIC-ASIA PACIFIC PRESIDENT CESAR FLORES, AND ANY OR ALL PERSONS ACTING FOR AND ON BEHALF OF THE JOINT VENTURE, Respondent.

  • G.R. No. 179814, December 07, 2015 - WILFRED N.CHIOK, Petitioner, v. PEOPLE OF THE PHILIPPINES AND RUFINA CHUA, Respondents.; G.R. No. 180021 - RUFINA CHUA, Petitioner, v. WILFRED N. CHIOK, AND THE PEOPLE OF THE PHILIPPINES (AS AN UNWILLING CO-PARTY PETITIONER), Respondent.

  • G.R. No. 209324, December 09, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE BUREAU OF CUSTOMS, Petitioner, v. PILIPINAS SHELL PETROLEUM CORPORATION, Respondent.

  • G.R. No. 213832, December 07, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GILBERT MERCADO A.K.A. "BONG", Accused-Appellant.

  • G.R. No. 198270, December 09, 2015 - ARMILYN MORILLO, Petitioner, v. PEOPLE OF THE PHILIPPINES AND RICHARD NATIVIDAD, Respondent.

  • G.R. No. 215201, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK ANTHONY ROAQUIN Y NAVARRO, Accused-Appellant.

  • G.R. No. 203918, December 02, 2015 - SPOUSES AMADOR C. CAYAGO, JR. AND ERMALINDA B. CAYAGO, Petitioners, v. SPOUSES EVELITO CANTARA AND SOLEDAD CANTARA, Respondents.

  • G.R. No. 203397, December 09, 2015 - AUGUSTO ONG TRINIDAD II, AUGUSTO ONG TRINIDAD III FOR HIMSELF AND REPRESENTING LEVY ONG TRINIDAD AND ROHMEL ONG TRINIDAD, MARY ANN NEPOMUCENO TRINIDAD FOR HERSELF AND ASSISTING HER MINOR CHILDREN JOAQUIN GERARD N. TRINIDAD IV, JACOB GABRIEL N. TRINIDAD, AND JERED GYAN N. TRINIDAD, Petitioners, v. SPOUSES BONIFACIO PALAD AND FELICIDAD KAUSAPIN, Respondent.

  • G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA, OWNER, AND ENGR. JUANITO C. PAGCALIWAGAN, MANAGER, Petitioners, v. CAMILO ELARCOSA, MARLON BANDA, DANTE L. BALAMAD, RODRIGO COLANSE, CHIQUITO PACALDO, ROBINSON PANAGA, JUNIE ABUGHO, SBLVERIO NARISMA, ARMANDO GONZALES, TEOFILO ELBINA, FRANCISCO BAGUIO, GELVEN RHYAN RAMOS, JULITO SIMAN, RECARIDO PANES, JESUS TINSAY, AGAPITO CANAS, JR., OLIVER LOBAYNON, SIMEON BAGUIO, JOSEPH SALCEDO, DONIL INDINO, WILFREDO GULBEN, JESRILE TANIO, RENANTE PAMON, RICHIE GULBEN, DANIEL ELLO, REXY DOFELIZ, RONALD NOVAL, NORBERTO BELARGA, ALLAN BAGUIO, ROBERTO PAGUICAN, ROMEO PATOY, ROLANDO TACBOBO, WILFREDO LADRA, RUBEN PANES, RUEL CABANDAY, AND JUNARD ABUGHO, Respondent.

  • G.R. No. 188638, December 09, 2015 - PHILIPPINE TRANSMARINE CARRIERS, INC. AND NORTHERN MARINE MANAGEMENT, Petitioners, v. JOSELITO A. CRISTINO, DECEASED AND REPRESENTED BY HIS WIFE SUSAN B. BERDOS, Respondent.

  • G.R. No. 211543, December 09, 2015 - DOMINGO G. PANGANIBAN, Petitioner, v. PEOPLE OF THE PHILIPPINES., Respondent.

  • G.R. No. 209039, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MIRAFLOR UGANIEL LERIO, Accused-Appellant.

  • G.R. No. 209559, December 09, 2015 - ENCHANTED KINGDOM, INC., Petitioner, v. MIGUEL J. VERZO, Respondent.

  • G.R. No. 160399, December 09, 2015 - THE CITY OF ILOILO, REPRESENTED BY HON. MAYOR JERRY P. TREÑAS, Petitioner, v. HON. JUDGE RENE B. HONRADO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 29, ILOILO CITY, AND JPV MOTOR VEHICLE EMISSION TESTING & CAR CARE CENTER, CO., REPRESENTED BY JIM P. VELEZ, Respondent.

  • G.R. No. 159979, December 09, 2015 - CAPITAL INSURANCE AND SURETY CO., INC., Petitioner, v. DEL MONTE MOTOR WORKS, INC., Respondent.

  • G.R. No. 213696, December 09, 2015 - QUANTUM FOODS, INC., Petitioner, v. MARCELINO ESLOYO AND GLEN MAGSILA, Respondent.

  • G.R. No. 209040, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO PATEÑO DAYAPDAPAN, Accused-Appellant.

  • G.R. No. 166581, December 07, 2015 - SOLIDBANK CORPORATION, Petitioner, v. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, AND DANILO H. LAZARO, Respondents.; G.R. No. 167187 - DANILO H. LAZARO, Petitioner, v. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION AND SOLIDBANK CORPORATION, Respondents.

  • G.R. No. 200901, December 07, 2015 - SM INVESTMENTS CORPORATION, Petitioner, v. ESTELA MARFORI POSADAS, MARIA ELENA POSADAS AND AIDA MACARAIG POSADAS. Respondents.

  • G.R. No. 208113, December 02, 2015 - DOLORES DIAZ, Petitioner, v. PEOPLE OF THE PHILIPPINES AND LETICIA S. ARCILLA, Respondents.

  • G.R. No. 182375, December 02, 2015 - HADJA RAWIYA SUIB, Petitioner, v. EMONG EBBAH AND THE HONORABLE COURT OF APPEALS, 22ND DIVISION, MINDANAO STATION, CAGAYAN DE ORO CITY, Respondents.

  • G.R. No. 211210, December 02, 2015 - RADAR SECURITY & WATCHMAN AGENCY, INC., Petitioner, v. JOSE D. CASTRO, Respondent.

  • G.R. No. 213814, December 02, 2015 - RAFAEL B. QUILLOPA, Petitioner, v. QUALITY GUARDS SERVICES AND INVESTIGATION AGENCY AND ISMAEL BASABICA, JR., Respondents.

  • G.R. No. 193964, December 02, 2015 - ENGINEER BEN Y. LIM, RBL FISHING CORPORATION, PALAWAN AQUACULTURE CORPORATION, AND PENINSULA SHIPYARD CORPORATION, Petitioners, v. HON. SULPICIO G. GAMOSA, OFFICER-IN-CHARGE, NCIP REGIONAL HEARING OFFICE, REGION IV AND TAGBANUA INDIGENOUS CULTURAL COMMUNITY OF BARANGAY BUENAVISTA, CORON, PALAWAN, AS REPRESENTED BY FERNANDO P. AGUIDO, ERNESTO CINCO, BOBENCIO MOSQUERA, JURRY CARPIANO, VICTOR BALBUTAN, NORDITO ALBERTO, EDENG PESRO, CLAUDINA BAQUID, NONITA SALVA, AND NANCHITA ALBERTO, Respondents.

  • G.R. No. 197792, December 09, 2015 - CIVIL SERVICE COMMISSION, Petitioner, v. MADLAWI B. MAGOYAG, Respondent.

  • G.R. No. 192947, December 09, 2015 - MELANIE E. DE OCAMPO, Petitioner, v. RPN-9/RADIO PHILIPPINES NETWORK, INC., Respondent.

  • G.R. No. 204172, December 09, 2015 - HON. HERMOGENES E. EBDANE, JR., IN HIS OFFICIAL CAPACITY AS ACTING SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), ATTY. JOEL L. JACOB, IN HIS OFFICIAL CAPACITY AS OFFICER-IN-CHARGE, LEGAL SERVICE (DPWH), ATTY. OLIVER T. RODULFO, IN HIS OFFICIAL CAPACITY AS HEAD, INTERNAL AFFAIRS OFFICE, (DPWH), AND HON. JAIME A. PACANAN, IN HIS OFFICIAL CAPACITY AS REGIONAL DIRECTOR, (DPWH), REGIONAL OFFICE NO. VIII, Petitioners, v. ALVARO Y. APURILLO, ERDA P. GABRIANA, JOCELYN S. JO, IRAIDA R. LASTIMADO, AND FRANCISCO B. VINEGAS, JR., Respondents.

  • G.R. No. 215424, December 09, 2015 - ADINA B. MANANSALA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 179741, December 09, 2015 - HEIRS OF SPOUSES HILARIO MARINAS AND BERNARDINA N. MARINAS, Petitioners, v. BERNARDO FRIANEZA, RODRIGO FRIANEZA, ALEJANDRA FRIANEZA, HILARIO VILLENA, SATURNINO VILLENA, FEDERICO FLORES, PEDRO FLORES AND MARCELINA RAMOS, Respondents.

  • G.R. No. 190482, December 09, 2015 - DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY MS. FRITZI C. PANTOJA IN HER CAPACITY AS PROVINCIAL AGRARIAN REFORM OFFICER OF LAGUNA, Petitioner, v. IGMIDIO D. ROBLES, RANDY V. ROBLES, MARY KRIST B. MALIMBAN, ANNE JAMAICA G. ROBLES, JOHN CARLO S. ROBLES AND CHRISTINE ANN V. ROBLES, Respondents.

  • G.R. No. 212825, December 07, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. NEXT MOBILE, INC. (FORMERLY NEXTEL COMMUNICATIONS PHILS., INC.), Respondent.

  • G.R. No. 174387, December 09, 2015 - BF CORPORATION, Petitioner, v. WERDENBERG INTERNATIONAL CORPORATION, Respondent.

  • G.R. No. 209689, December 02, 2015 - MARISSA B. QUIRANTE, Petitioner, v. OROPORT CARGO HANDLING SERVICES, INC., ET AL. Respondents.

  • G.R. No. 202877, December 09, 2015 - NARRA NICKEL MINING AND DEVELOPMENT CORPORATION, TESORO MINING AND DEVELOPMENT, INC., AND MCARTHUR MINING, INC., Petitioners, v. REDMONT CONSOLIDATED MINES CORPORATION, Respondent.

  • G.R. No. 202947, December 09, 2015 - ASB REALTY CORPORATION, Petitioner, v. ORTIGAS & COMPANY LIMITED PARTNERSHIP, Respondent.

  • G.R. No. 213229, December 09, 2015 - FILINVEST ALABANG, INC., Petitioner, v. CENTURY IRON WORKS, INC., Respondent.

  • G.R. No. 210215, December 09, 2015 - ROGELIO S. NOLASCO, NICANORA N. GUEVARA, LEONARDA N. ELPEDES, HEIRS OF ARNULFO S. NOLASCO, AND REMEDIOS M. NOLASCO, REPRESENTED BY ELENITA M. NOLASCO Petitioners, v. CELERINO S. CUERPO, JOSELITO ENCABO, JOSEPH ASCUTIA, AND DOMILO LUCENARIO, Respondents.

  • G.R. No. 206942, December 09, 2015 - VICENTE C. TATEL, Petitioner, v. JLFP INVESTIGATION AND SECURITY AGENCY, INC., JOSE LUIS F. PAMINTUAN, AND/OR PAOLO C. TURNO, Respondents.

  • G.R. No. 209271, December 08, 2015 - INTERNATIONAL SERVICE FOR THE ACQUISITION OF AGRI-BIOTECH APPLICATIONS, INC., Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASIÑO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.; CROP LIFE PHILIPPINES, INC., Petitioner-in-Intervention.; G.R. No. 209276 - ENVIRONMENTAL MANAGEMENT BUREAU OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, BUREAU OF PLANT INDUSTRY AND FERTILIZER AND PESTICIDE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE, Petitioners, v. COURT OF APPEALS, GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, RESPONDENTS. CROP LIFE PHILIPPINES, INC. Petitioner-in-Intervention.; G.R. No. 209301 - UNIVERSITY OF THE PHILIPPINES LOS BANOS FOUNDATION, INC., Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. HARRY R. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.; G.R. No. 209430 - UNIVERSITY OF THE PHILIPPINES, Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, ATTY. HARRY R. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.

  • G.R. No. 169694, December 09, 2015 - MEGAWORLD PROPERTIES AND HOLDINGS, INC., EMPIRE EAST LAND HOLDINGS, INC., AND ANDREW L. TAN, Petitioners, v. MAJESTIC FINANCE AND INVESTMENT CO., INC., RHODORA LOPEZ-LIM, AND PAULINA CRUZ, Respondents.

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    G.R. No. 213832, December 07, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GILBERT MERCADO A.K.A.

      G.R. No. 213832, December 07, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GILBERT MERCADO A.K.A. "BONG", Accused-Appellant.

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    G.R. No. 213832, December 07, 2015

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GILBERT MERCADO A.K.A. "BONG", Accused-Appellant.

    R E S O L U T I O N

    REYES, J.:

    Subject of this appeal1 is the Decision2 dated November 29, 2013 of the Court of Appeals (CA) in CA-GR CR-HC No. 00941-MIN, which affirmed with modification the Decision3 dated March 28, 2011 of the Regional Trial Court (RTC) of Zamboanga City, Branch 16, in Criminal Case Nos. 18497 and 18498, convicting accused-appellant Gilbert Mercado a.k.a. "Bong" (Mercado) for two counts of Murder.

    Mercado was charged in separate informations with two counts of Murder for the deaths of Victor Dulap y Vargas (Victor) and Charlie Dulap y Vargas (Charlie) on October 31, 2001 in Zamboanga City, specifically:

    IN CRIMINAL CASE NO. 18497

    That on or about October 31, 2001, in the City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above named accused, armed with a handgun, by means of treachery and with intent to kill, did then and there willfully, unlawfully and feloniously, suddenly and without any warning, assault, attack and shoot with the use of said weapon that he was then armed with, at the person of [Victor], thereby inflicting mortal gunshot wound on the fatal part of the latter's body which directly caused his death, to the damage and prejudice of the heirs of said victim; furthermore, there being present an aggravating circumstance in that the weapon used in the commission of the crime is an unlicensed firearm.4

    IN CRIMINAL CASE NO. 18498

    That on or about October 31, 2001, in the City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above named accused, armed with a handgun, by means of treachery and with intent to kill, did then and there willfully, unlawfully and feloniously, suddenly and without any warning, assault, attack and shoot with the use of said weapon that he was then armed with, at the person of [Charlie], thereby inflicting mortal gunshot wounds on the fatal part of the latter's body which directly caused his death, to the damage and prejudice of the heirs of said victim; furthermore, there being present an aggravating circumstance in that the weapon used in the commission of the crime is an unlicensed firearm.5ChanRoblesVirtualawlibrary
    During the arraignment, Mercado pleaded "not guilty" to both charges. After pre-trial, trial on the merits ensued.6

    The prosecution presented several witnesses to support their cases against Mercado. Based on the witnesses' testimonies, the killings happened on the evening of October 31, 2011 at the residence of Rosario Isad y Solis (Rosario) in Gemelina Drive, San Roque, Zamboanga City. Rosario had visitors on that day because it was her daughter Restie Ann's birthday. Among those present were her neighbors Victor and Charlie, Analiza Sahibul (Analiza) with boyfriend Mercado and companions Edwin Udja and a certain "Eddie". The visitors were at the sala, sitting on the floor and singing while having food and alcoholic drinks.7

    While Rosario was at the kitchen reheating more food, she heard three gunshots. She then went to the sala and there found Victor and Charlie; her other visitors had left. Rosario saw Charlie still holding a glass of tuba, while Victor's head was bowed down, like he was drunk. She saw blood on Victor, Charlie, and the floor. She shouted, "Hay Sangre" (Oh, blood), collapsed and lost her consciousness. She later learned that both Victor and Charlie had died.8 In their death certificates, it was stated that the victims died due to hemorrhage secondary to gunshot wounds.9

    Witnesses Rosario and Analiza identified in court Mercado as the same "Bong" who was with them on October 31, 2011. Analiza further identified Mercado as the person who shot Victor and Charlie. She claimed that no fight or altercation ensued between Mercado and his victims before the shooting. Mercado also did not say anything before he fired gunshots at them.10

    The victims' deaths were reported to the Sta. Maria Police Station by their sister at about 11:00 p.m. on October 31, 2001. Among the policemen who proceeded to the crime scene was Senior Police Officer 3 Fernando Gregorio, who claimed to have seen the victims with gunshot wounds on their faces. Victor had a gunshot wound on his right nostril, while Charlie had gunshot wounds on both eyeballs.11 Prior to their demise, Victor and Charlie worked as carpenters. Victor was married to one Rowena and had one child, while Charlie was married to one Gigi, with whom he had two children.12

    To refute the prosecution's claims, the defense presented two witnesses, namely Mercado and his father, Carlos Mercado y Torres.13 Mercado denied material points in the testimonies of the prosecution witnesses, particularly: first, knowing prosecution witness Analiza; second, being at Rosario's residence on October 31, 2001; and, third; shooting Victor and Charlie.14 The defense claimed that on the evening of October 31, 2001, Mercado was at his family's home in Barangay Tetuan,15 then to his father's home that was also within the area. By 9:00 p.m., he was back to his house, where he then slept together with his wife and four children. The following day, he worked at his father's shop in Sta. Catalina, Zamboanga City, where he painted motor vehicles. Mercado did not know of any reason why Rosario and Analiza would falsely testify against him and implicate him in the killings.16

    On March 28, 2011, the RTC rendered its joint Decision,17 with dispositive portion that reads:
    WHEREFORE, the Court finds accused GILBERT MERCADO y CABUCOS GUILTY beyond reasonable doubt, as principal, of the crimes of Murder charged in Criminal Case No. 18497 and Criminal Case No. 18498, with the aggravating circumstance in both cases of use of an unlicensed firearm, and SENTENCES said accused as follows:chanRoblesvirtualLawlibrary

    1. In Criminal Case No. 18497 for Murder, in connection with the untimely death of VICTOR DULAP y VARGAS, to suffer the penalty of RECLUSION PERPETUA and its accessory penalties, without eligibility for parole; to pay the heirs of Victor Dulap y Vargas Php 75,000.00 as indemnity for his death; Php 75,000.00 as moral damages; Php 50,000.00 as exemplary damages; Php 30,000.00 as temperate damages in lieu of actual damages and to pay the costs; and

    2. In Criminal Case No. 18498 for Murder, in connection with the untimely death of CHARLIE DULAP y VARGAS, to suffer the penalty of RECLUSION PERPETUA and its accessory penalties, without eligibility for parole; to pay the heirs of [Charlie] Dulap y Vargas Php 75,000.00 as indemnity for his death; Php 75,000.00 as moral damages; Php 50,000.00 as exemplary damages; Php 30,000.00 as temperate damages in lieu of actual damages and to pay the costs.

    SO ORDERED.18ChanRoblesVirtualawlibrary
    Upon appeal, the CA affirmed with modification the RTC's judgment. The CA affirmed Mercado's conviction for two counts of murder; however, it ruled that the ciggravating circumstance of use of an unlicensed firearm was wrongly considered by the RTC. It explained:
    The aggravating circumstance must be proved with equal certainty as the commission of the crime charged. The prosecution is burdened to prove that [Mercado] used an unlicensed firearm to perpetrate the crime of murder. Unfortunately, the prosecution failed to discharge such burden. It has offered no documents which would prove such allegation when it could have easily secured a certification from the Philippine National Police to the effect that no firearm license was issued to [Mereado] to possess and carry the gun used in the killing.19 (Citation omitted)
    Given the prosecution's failure to establish the aggravating circumstance, the CA likewise modified the amount of damages due the victims' heirs, through the deletion of the award of exemplary damages. Thus, the dispositive portion of its Decision dated November 29, 2013 reads:
    WHEREFORE, premises considered, the appeal is DENIED. The appealed joint Decision dated March 28, 2011 of the [RTC], Branch 16 of Zamboanga City, in Criminal Case Nos. 18497 and 18498 is hereby AFFIRMED with modification as to the damages awarded, such that [Mercadoj is ORDERED to pay the heirs of Victor Dulap y Vargas, in Criminal Case No. 18497, the following: 1) Moral damages of P75,000.00; 2) Civil indemnity of P75,000.00[;] and 3) Temperate damages in the amount of P30,000.00. Moreover, he is ORDERED to pay the heirs of Charlie Dulap y Vargas, in Criminal Case No. 18498, the following: 1) Moral damages of P75,000.00; 2) Civil indemnity of P75,000.00[;] and 3) Temperate damages of P30,000.00.

    SO ORDERED.20ChanRoblesVirtualawlibrary
    Hence, this appeal.

    Upon review, the Court finds the appeal bereft of merit.

    In challenging his conviction, Mercado's arguments delve primarily on the matter of the prosecution witnesses' account that he was responsible for the shooting of the deceased brothers, Victor and Charlie. Particularly, he maintained that the prosecution failed to prove the identity of the victims' assailant. He specifically questioned the credibility of witness Analiza and the truth of her accusations against him.

    These arguments of Mercado fail to persuade the Court to rule on his acquittal. First, it is a settled doctrine that "factual findings of the trial court, its assessment of the credibility of witnesses and the probative weight of their testimonies and the conclusions based on these factual findings are to be given highest respect."21 The Court considers the RTC's "unique position in directly observing the demeanor of a witness on the stand. From its vantage point, the trial court is in the best position to determine the truthfulness of witnesses."22 Thus, the Court "accords great respect and even finality to the findings of credibility of the trial court, more so if the same were affirmed by the CA, as in this case."23 Although jurisprudence cites certain exceptions to this doctrine, none of these exceptional circumstances attend the present case.24

    In addition to the foregoing, jurisprudence tells us that where there is no evidence that the witnesses of the prosecution were actuated by ill motive, it is presumed that they were not so actuated and their testimony is entitled to full faith and credit.25 It bears stressing that the defense failed to present any possible reason for Analiza, Rosario, and the other prosecution witnesses to wrongly implicate Mercado in the crimes. The prosecution's case against Mercado was not even weakened by the mere fact that he was the lone accused sitting on the prisoners' bench at the time he was identified by prosecution witnesses inside the courtroom during hearings. The prosecution witnesses sufficiently explained in court how they came to know of Mercado, and their degree of familiarity with him, especially Analiza who was his girlfriend.26

    Given the credibility of the prosecution witnesses and their testimonies, as against the denial and alibi presented by the defense, there is no reason for the Court to reverse the conviction of Mercado. His denial and the alibi that he was at some other place at the time the shootings happened failed to sufficiently support his plea for an acquittal. Jurisprudence holds that for alibi to prosper, it is necessary that the corroboration is credible, the same having been offered preferably by disinterested witnesses.27 The defense failed in this regard, as only the testimony of Mercado's father was presented to substantiate his claim. More importantly, the Court has emphasized in a line of cases that the appreciation of a claim of alibi shall be guided by the following parameters:
    For the defense of alibi to prosper, "the accused must prove (a) that he was present at another place at the time of the perpetration of the crime, and (b) that it was physically impossible for him to be at the scene of the crime" during its commission. "Physical impossibility refers to distance and the facility of access between the situs criminis and the location of the accused when the crime was committed. He must demonstrate that he was so far away and could not have been physically present at the scene of the crime and its immediate vicinity when the crime was committed."28 (Citations omitted)
    Such physical impossibility was not established in this case, given the RTC's finding that Barangay Tetuan, where Mercado claimed to be at when the killings happened on the evening of October 31, 2001, was a mere seven kilometers away from Barangay San Roque. As the Court ruled in People v. Adallom29 "denial and alibi are self-serving negative evidence; they cannot prevail over the spontaneous, positive, and credible testimonies of the prosecution witnesses who pointed to and identified the accused-appellant as the malefactor."30

    As to the penalties imposed and damages awarded, the CA correctly affirmed the pronouncement that Mercado was ineligible for parole, and in deleting the award of exemplary damages. Section 3 of Republic Act No. 934631 provides that "[pjerson convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended." Exemplary damages, on the other hand, may be granted under Article 2230 of the Civil Code when the crime was committed with one or more aggravating circumstance.32 Although there are instances when it may be granted despite the absence of any aggravating circumstance,33 the circumstances attending the present case fail to warrant an award.

    Several modifications, however, need to be effected on the other damages. The award of civil indemnity should be reduced from P75,000.00 to P50,000.00, consistent with prevailing jurisprudence.34 Considering that no aggravating circumstance was found to attend the subject killings, the award of moral damages is also decreased to P50,000.00.35 The amount of temperate damages is likewise reduced from P30,000.00 to P25,000.00.36 Further to these, interest at the rate of six percent (6%) per annum is imposed on all damages awarded, to be computed from the date of finality of judgment until full payment.37

    WHEREFORE, the Decision dated November 29, 2013 of the Court of Appeals in CA-G.R. CR-HC No. 00941-MIN is AFFIRMED with MODIFICATION in that the damages that accused-appellant Gilbert Mercado is ordered to pay the heirs of Victor Dulap y Vargas are as follows: (1) civil indemnity of P50,000.00; (2) moral damages of P50,000.00; (3) temperate damages of :P25,000.00; and (4) interest on all damages at the legal rate of six percent (6%) per annum from the date of finality of this judgment until full payment.

    Similarly, the damages that accused-appellant Gilbert Mercado is ordered to pay the heirs of Charlie Dulapy Vargas are as follows: (1) civil indemnity of P50,000.00; (2) moral damages of P50,000.00; (3) temperate damages of P25,000.00; and (4) interest on all damages at the legal rate of six percent (6%) per annum from the date of finality of this judgment until full payment.

    SO ORDERED.chanroblesvirtuallawlibrary

    Velasco, Jr., (Chairperson), Peralta, Bersamin,* and Villarama, Jr., JJ., concur.

    Endnotes:


    * Additional Member per Raffle dated September 10, 2014 vice Associate Justice Francis H. Jardeleza.

    1Rollo, pp. 14-15.

    2 Penned by Associate Justice Kenato C. Francisco, with Associate Justices Romulo V. Horja and Oscar V. Badelles concurring; id. at 3-13.

    3 Rendered by Judge Jesus C. Carbon, Jr.; CA rollo, pp. 44-62.

    4 Id. at 44-45.

    5 Id. at 45.

    6 Id.

    7 Id. at 46-50.

    8 Id. at 46-47.

    9Rollo, p. 6.

    10 CA rollo, pp. 47-50.

    11 Id. at 53-54.

    12 Id. at 51.

    13 Id. at 45.

    14 Id. at 54-55.

    15Rollo, p. 10.

    16 CA rollo, pp. 55-57.

    17 Id. at 44-62.

    18 Id. at 61-62.

    19Rollo, pp. 10-11.

    20 Id. at 12-13.

    21People v. Mamaruncas, et al., 680 Phil. 192, 211 (2012).

    22People v. Sanchez, 681 Phil. 631, 635 (2012).

    23Kummer v. People, G.R. No. 174461, September 11, 2013, 705 SCRA 490, 500.

    24See Lazaro, et al. v. Agustin, et al., 632 Phil. 310, 322 (2010).

    25People v. Dadao, G.R. No. 201860, January 22, 2014, 714 SCRA 524, 535.

    26 CA rollo, pp. 47-48.

    27People v. Jacinto, 661 Phil. 224, 246 (2011).

    28People of the Philippines v. Virgilio Amoray Viscarra, G.R. No. 190322, November 26, 2014; See also People v. Jumawan, G.R. No. 187495, April 21, 2014, 722 SCRA 108, 169; People v. Ramos, G.R. No. 190340, July 24, 2013, 702 SCRA 204, 217.

    29 683 Phil. 618 (2012).

    30 Id. at 644.

    31 AN ACT PROHIBITING THE IMPOSITION OF DEATI1 PENALTY IN THE PHILIPPINES.

    32People v. Del Castillo, et al., 679 Phil. 233, 258 (2012).

    33See People v. Alfredo, 653 Phil. 435, 454 (2010).

    34People of the Philippines v. Randy Bañez y Baylon and Ramil Bañez y Baylon, and Felix Rufino (at large), G.R. No. 198057, September 21, 2015.

    35People v. Dadao, supra note 25, at 541.

    36Guevarra v. People, G.R. No. 170462, February 5, 2014, 715 SCRA 384, 397; People v. Zulieta, G.R. No. 192183, November 11, 2013, 709 SCRA 202, 212.

    37Guevarra v. People, id. at 398; People v. Zulieta, id.

    G.R. No. 213832, December 07, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GILBERT MERCADO A.K.A.


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