Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2016 > July 2016 Decisions > G.R. No. 210710, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LUISITO GABORNE Y CINCO, Accused-Appellant.:




G.R. No. 210710, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LUISITO GABORNE Y CINCO, Accused-Appellant.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 210710, July 27, 2016

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LUISITO GABORNE Y CINCO, Accused-Appellant.

D E C I S I O N

PEREZ, J.:

Before the Court is an appeal from the Decision1 of the Court of Appeals (CA) dated 29 July 2013 in CA-G.R. CR HC No. 01183, affirming the Decision2 of the Regional Trial Court (RTC), Branch 33, Calbiga, Samar which found appellant Luisito Gaborne y Cinco guilty of the crime of Murder with the use of Unlicensed Firearm, as defined in Article 248 of the Revised Penal Code (RPC) as amended by Sec. 6 of Republic Act (R.A.) No. 7659, and Frustrated Murder as defined in Article 248 in relation to Article 50 of the RPC, respectively.

Together with two others, appellant was charged with Murder with the use of Unlicensed Firearm and Frustrated Murder in the following Informations:

chanRoblesvirtualLawlibrary

Criminal Case No. CC-2007-1650
That on or about the 2nd day of February 2007, at about 11:00 o'clock in the evening more or less, at Brgy. Mugdo, Hinabangan, Samar, Philippines, and within the jurisdiction of this Honorable Court, the above -named accused, conspiring, confederating, mutually helping one another, with deliberate intent to kill, and with treachery and evident premeditation, which qualify the offense into murder, did there, willfully, unlawfully, and feloniously, shot (sic) Sixto Elizan y Herrera, with the use of an unlicensed firearm a caliber [.]45 pistol, a special aggravating circumstance pursuant to RA 8294, which accused have provided themselves for the purpose, thereby hitting and inflicting upon the said Sixto Elizan y Herrera fatal gun shot wounds on the different parts of his body, which gun shot wounds caused his instantaneous death.3chanrobleslaw

Criminal Case No. CC-2007-1650

That on or about the 2nd day of February 2007, at around 11:00 o'clock in the evening more or less, at Brgy. Mugdo, Municipality of Hinabangan, Province of Samar, Philippines, and within the jurisdiction of this Honorable Court, the above named accused, conspiring, confederating, mutually helping one another, with deliberate intent to kill, and with treachery, which qualifies the offense to murder, did, then and there, willfully, unlawfully and feloniously shot [sic] the victim, Rey Perfecto C. de Luna, with the use of a caliber [.]45 pistol, an unlicensed firearm, a special aggravating circumstance pursuant to Rep. Act No. 8294, with which the accused have provided themselves for the purpose, thereby inflicting upon the victim the following wounds, to wit:ChanRoblesVirtualawlibrary
Gun shot wound (R) back penetrating (R) chest, lacerating diaphragm, (R) lobe of the liver, thru and thru and greater omentum with massive hemoperitoneum

Gun shot wound (R) para spinal area at L2 penetrating abdomen perforating ileum thru and thru
thus, accused have performed all the acts of execution which should have produced the crime of murder as a consequence but which nevertheless did not produce it by reason of some cause independent of the will of the accused, that is, the timely medical treatment/intervention rendered to the victim at Saint Paul's Hospital, Tacloban City.4
On arraignment, appellant entered a plea of NOT GUILTY5 for both charges. Trial on the merits ensued thereafter.

The Facts

The antecedent facts culled from the Appellee's Brief6 and the records of the case are summarized as follows:

chanRoblesvirtualLawlibraryOn 2 February 2007 at around 10:30 in the evening, Rey Perfecto%De Luna (De Luna) and Sixto Elizan7 (Elizan) entered a videoke bar8 at Barangay Mugdo, Hinabangan, Samar.9 Noli Abayan (Abayan), appellant and Joselito Bardelas (Bardelas) followed five minutes thereafter.10chanrobleslaw

While Elizan and De Luna were drinking, singing and merely having fun, four successive gunshots11 were fired through the window. Because of this, Elizan and De Luna were hit from behind.12 Later on, De Luna13 and Marialinisa Pasana14 (Pasana) saw appellant, who was then wearing a black t-shirt and a black cap, holding a gun aimed at their location. Pasana also saw accused-appellant and Bardelas escape after the incident.15chanrobleslaw

Elizan and De Luna were brought to St. Paul's Hospital at Tacloban City.16 Unfortunately, Elizan was pronounced dead upon arrival. De Luna, on the other hand, survived.17chanrobleslaw

Appellant steadfastly denied the accusations. According to him, he and his companions ordered for bottles of beer. However, when they tried to order for more bottles, the waitress refused to give them their order unless they pay for their previous orders first.18 While Abayan was explaining to the father of the owner of the videoke bar, appellant and Bardelas went out to urinate,19 however, the waitress locked the front door.20 While standing outside, he heard the waitress utter the words, "If you will not pay, I [will] have you killed, all of you, right this moment.21 He also consistently contend that it was a man wearing black shirt and camouflage pants who fired shots to the videoke bar22, not him.

The following day, appellant and Bardelas were arrested and underwent paraffin test.23chanrobleslaw

Ruling of the Regional Trial Court

On 12 March 2010, the RTC rendered a joint judgment finding accused-appellant guilty of the two (2) charges of Murder with the use of Unlicensed Firearm and Frustrated Murder. The dispositive portion of the decision reads:ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, the [c]ourt finds the co-accused LUISITO GABORNE y CINCO GUILTY BEYOND REASONABLE DOUBT as principal in the crimes of:
 
A.
Murder with the Use of an Unlicensed Firearm under Art. 248 of the Revised Penal Code in Criminal Case No. CC-2007-1640 and considering the presence of one (1) aggravating circumstance without any mitigating circumstance to offset it, hereby sentences him to suffer imprisonment of RECLUSION PERPETUA; to pay the Heirs of Sixto Elisan y Herrera Php75,000.00 as civil indemnity for his death; Php50,000.00 in moral damages and Php25,000.00 in exemplary damages and to pay the costs of this suit.
 
B.
Frustrated Murder penalized under Art. 248 in relation to Art. 50 of the Revised Penal Code in Criminal Case No. CC-2007-1650 and considering the presence of one (1) aggravating circumstance without any mitigating circumstance to offset it hereby sentences him to suffer imprisonment of an indeterminate penalty ranging from ELEVEN (11) YEARS of Prision Mayor as minimum to EIGHTEEN (18) YEARS of Reclusion Temporal as maximum, to pay Perfecto de Luna Php264,866.58 as civil liability without subsidiary imprisonment in case of insolvency and to pay the costs of this suit.

The accused who underwent preventive imprisonment since February 3, 2007 shall be credited with the full time during which he was deprived of his liberty if he agreed voluntarily and in writing to abide by the same disciplinary rules imposed upon convicted prisoners otherwise he will be entitled to only four-fifths (4/5) thereof.

Because the prosecution absolutely failed to prove guilt of accused NOLI ABAYAN y LARGABO and co-accused JOSELITO BARDELAS y BACNOTAN from the instant criminal charges, they are ACQUITTED in these cases. No civil liability is assessed against them.

Because the said accused are detained, the Provincial Warden of Samar are hereby ordered to release the said accused from detention unless they are held for some-other cause or ground.24

Ruling of the Court of Appeals

The CA found no merit in appellant's arguments. It pointed out that appellant is estopped from questioning the legality of his arrest as it was raised for the first time on appeal.25cralawred Thus, the appellate court was fully convinced that there is no ground to deviate from the findings of the RTC. The dispositive portion of the decision reads:ChanRoblesVirtualawlibrary
WHEREFORE, the instant appeal is hereby DENIED. The Joint Judgment dated March 12, 2010 rendered by Branch 33, Regional Trial Court of Calbiga, Samar, 8th Judicial Region in Criminal Case Nos. [CC-] 2007-1640 and [CC-]2007-1650 is hereby AFFIRMED WITH MODIFICATION as to the award of damages, to wit:
  1. The award of civil indemnity in Criminal Case No. [CC-]2007-1640 is affirmed;

  2. The award of moral damages in the amount of Php50,000.00 in Criminal Case No. [CC-]2007-1640 is affirmed;

  3. The award of exemplary damages in the amount of Php25,000.00 in Criminal Case No. [CC-]2007-1640 is affirmed;

  4. In Criminal Case No. [CC-]2007-1650, accused-appellant is ordered to pay moral damages to the private offended party, Rey Perfecto De Luna, in the amount of Php40,000.00;

  5. In Criminal Case No. [CC-]2007-1650, accused appellant is likewise ordered to pay exemplary damages to the private offended party, Rey Perfecto De Luna, in the amount of Php20,000.00; and cralawlawlibrary

  6. Accussed-appellant is further ordered to additionally pay the private offended parties in the two criminal cases, Rey Perfecto De Luna and the heir/s of Sixto Elizan, interest on all damages at the legal rate of six percent (6%) from the date of finality of this judgment until the amounts awarded shall have been fully paid.26
Appellant appealed the decision of the CA. The Notice of Appeal was given due course and the records were ordered elevated to this Court for review. In a Resolution27 dated 19 February 2014, this Court required the parties to submit their respective supplemental briefs. Both parties manifested that they are adopfing all the arguments contained in their respective briefs in lieu of filing supplemental briefs.28chanrobleslaw

Our Ruling

We find that the degree of proof required in criminal cases has been met in the case at bar. Appellant's defenses of denial and alibi are bereft of merit.

Assailing the legality of arrest should
be made before entering a plea


Before anything else, we resolve the procedural issue raised by the appellant.29chanrobleslaw

Any objection involving a warrant of arrest or the procedure by which the court acquired jurisdiction over the person of the accused must be made before he enters his plea; otherwise, the objection is deemed waived.30 In People v. Velasco,31 this Court held that the accused is estopped from assailing the legality of his arrest for his failure to move for the quashal of the Information before arraignment. In this case, appellant only questioned the legality of his arrest for the first time on appeal.32chanrobleslaw

Furthermore, even granting that indeed there has been an irregularity in the arrest of the appellant, it is deemed cured by his voluntary submission to the jurisdiction of the trial court over his person.33 Thus, appellant is deemed to have waived his constitutional protection against illegal arrest34 when he actively participated in the arraignment35 and trial of this case.36chanrobleslaw

Elements of Murder and Frustrated
Murder were established


This Court finds that the circumstance of treachery should be appreciated, qualifying the crime to Murder. According to the Revised Penal Code:ChanRoblesVirtualawlibrary
ARTICLE 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:
  1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.

  2. In consideration of a price, reward or promise.

  3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.

  4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity.

  5. With evident premeditation.

  6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
Thus, the elements of murder are: (1) that a person was killed; (2) that the accused killed him or her; (3) that the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the RPC; and (4) that the killing is not parricide or infanticide.37chanrobleslaw

Furthermore, there is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof, which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.38chanrobleslaw

The requisites of treachery are:ChanRoblesVirtualawlibrary
(1)
The employment of means method, or manner of execution which will ensure the safety of the malefactor from defensive or retaliating acts on the part of the victim, no opportunity being given to the latter to defend himself or to retaliate; and
 
(2)
Deliberate or conscious adoption of such means, method, or manner of execution.39
In this case, the hapless victims were merely drinking and singing in-front of the videoke machine when shot by the appellant. The firing was so sudden and swift that they had no opportunity to defend themselves or to retaliate. Furthermore, appellant's acts of using a gun and even going out of the videoke bar evidently show that he consciously adopted means to ensure the execution of the crime.

In addition, the lower courts appropriately found appellant liable for the crime of Frustrated Murder.

A felony is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.40chanrobleslaw

Dr. Angel Cordero M.D. categorically said that De Luna could have died because of the wounds if the surgery was not conducted timely.41 Hence, appellant performed all the acts of execution which could have produced the crime of murder as a consequence, but nevertheless, did not produce it by reason of a cause independent of his will, which is, in this case, the timely and able medical attendance rendered to De Luna.

The defense of denial cannot be given
more weight over a witness'positive
identification


Appellant denies the accusations on the ground that he has no motive to kill Elizan and injure De Luna. This alibi is bereft of merit. Intent is not synonymous with motive. Motive alone is not a proof and is hardly ever an essential element of a crime.42 As a general rule, proof of motive for the commission of the offense charged does not show guilt and absence of proof of such motive does not establish the innocence of accused for the crime charged such as murder.43 In Kummer v. Peopled44 this Court held that motive is irrelevant when the accused has been positively identified by an eyewitness.

Evidently, accused-appellant's intent to kill was established beyond reasonable doubt. This can be seen from his act of shooting Elizan and De Luna from behind with a firearm while they were innocently singing and drinking. Intent to kill was also manifest considering the number of gun shot wounds sustained by the victims.45chanrobleslaw

In the instant case, Pasana and De Luna positively identified accused-appellant as the person who fired shots during the incident:ChanRoblesVirtualawlibrary
Pasana's testimony:
   
Q: Can you recall who among the five (5) went out?
A: Yes, Ma'am.
   
Q: Of the two (2) among the five (5) who went out, are these two (2) people or persons here in court right now?
A: Yes, Ma'am.
   
Q: And who are these two (2) persons you are referring to, can you point it out to the Honorable Court if they are here in [c]ourt right now?
A: That person, Ma'am.
   
Interpreter: Witness, Your Honor, is pointing to a person who earlier identified himself as Luisito Gaborne.
   
x x x x
   
Q: Point specifically, who among those persons?
A: That person, Ma'am.
   
Interpreter: Witness, Your Honor, is pointing to a person who identified himself earlier as Luisito Gaborne.46
   

De Luna's Testimony:

   
Q: How about the appearance of the guy whom you said holding a gun, can you recall?
A: I can recall him if he is inside the court, ma'am.
   
Q: Can you point it out to the court, the other guy whom you saw at the videoke bar?
A: Yes, ma'am, if I can go with him in a short distance, I can point him.
   
Q: Can you point him?
A:

(The witness stood up and approach (sic) the accused' bench and pointed to a person and when asked his name answered to (sic): Luisito Gaborne)

   
Q: You said that there was also another guy by the window? (the court butt-in [sic])
   
THE COURT:
   
Q: Excuse me, this man who answered Luisito Gaborne was the one holding the fire arm?
A: Yes, your Honor.47
This Court gives the highest respect to the RTC's evaluation of the testimony of the witnesses, considering its 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.48chanrobleslaw

It is doctrinally entrenched in our jurisprudence49 that the defense of denial is inherently weak because it can easily be fabricated. Such defense becomes unworthy of merit if it is established only by the accused themselves and not by credible persons. Thus, this Court agrees with the lower courts in giving the positive identification of the eyewitnesses more weight than appellant's defense of denial.

Paraffin Tests are not conclusive

The positive identification made by the prosecution witnesses bears more weight than the negative paraffin test result conducted the day after the incident.

Paraffin tests, in general-, have been rendered inconclusive by this Court. Scientific experts concur in the view that the paraffin test was extremely unreliable for use. It can only establish the presence or absence of nitrates or nitrites on the hand; however, the test alone cannot determine whether the source of the nitrates or nitrites was the discharge of a firearm; The presence of nitrates should be taken only as an indication of a possibility or even of a probability but not of infallibility that a person has fired a gun, since nitrates are also admittedly found in substances other than gunpowder.50chanrobleslaw

In this case, prosecution witness, Pasana51 and the victim himself, De Luna,52 testified in the trial court that it was indeed the appellant who was holding the gun during the incident. It should also be considered that appellant was arrested the day after the incident.53 Thus, it is possible for appellant to fire a gun and yet bear no traces of nitrate or gunpowder as when the hands are bathed in perspiration or washed afterwards.54chanrobleslaw

Corpus delicti of the crime can be
established by testimony


With regard to the appreciation of the aggravating circumstance of the use of an unlicensed firearm, we agree with the trial court and the appellate court that the same must be appreciated in the instant case. In People v. Lualhati, this Court ruled that in crimes involving unlicensed firearm, the prosecution has the burden of proving the elements thereof, which are: (1) the existence of the subject firearm and (2) the fact that the accused who owned or possessed the firearm does not have the corresponding license or permit to possess the same.55chanrobleslaw

Appellant's contention that the corpus delicti was not established for the reason that the firearm used was not presented as evidence is not persuasive. In People v. Orehuela,56 this Court held that the existence of the firearm can be established by testimony, even without the presentation of the said firearm. In the present case, the testimonies of Pasana and De Luna indubitably demonstrated the existence of the firearms. Furthermore, the certification57 from the Philippine National Police that appellant is not a firearm license holder of any caliber proves that he is not licensed to possess the same. Thus, the prosecution was able to prove the existence of the firearm and that the appellant is not licensed to possess the same notwithstanding the fact that the firearm used was not presented as evidence.

Illegal Possession of Firearm as an
aggravating circumstance
in the crimes of Murder and
Frustrated Murder


The CA appropriately appreciated the use of an unlicensed firearm as an aggravating circumstance in the crimes of Murder and Frustrated Murder. Under R.A. No. 1059, use of loose firearm in the commission of a crime, like murder, shall be considered as an aggravating circumstance.58chanrobleslaw

In view of the amendments introduced by R.A. No. 8294 and R.A. No. 10591, to Presidential Decree No. 1866, separate prosecutions for homicide and illegal possession are no longer in order. Instead, illegal possession of firearm is merely to be taken as an aggravating circumstance in the crime of murder.59 It is clear from the foregoing that where murder results from the use of an unlicensed firearm, the crime is not qualified illegal possession but, murder. In such a case, the use of the unlicensed firearm is not considered as a separate crime but shall be appreciated as a mere aggravating circumstance. Thus, where murder was committed, the penalty for illegal possession of firearms is no longer imposable since it becomes merely a special aggravating circumstance.60 The intent of Congress is to treat the offense of illegal possession of firearm and the commission of homicide or murder with the use of unlicensed firearm as a single offense.61chanrobleslaw

In the case at hand, since it was proven that accused-appellant was not a licensed firearm holder,62 and that he was positively identified by the witnesses as the one who fired shots against the victims, the use of an unlicensed firearm in the commission of the crimes of Murder and Frustrated Murder should be considered as an aggravating circumstance thereof.

The presence of such aggravating circumstance would have merited

the imposition of the death penalty for the crime of Murder. However, in view of R.A. No. 9346, we are mandated to impose on appellant the penalty of reclusion perpetua without eligibility for parole.

Damages and civil liability

This Court resolves to modify the damages awarded by the appellate court in line with the recent jurisprudence.63 Appellant shall pay the Heirs of Sixto Elizan y Herrera P100,000.00 as civil indemnity, P100,000.00 as moral damages, and PI00,000.00 as exemplary damages for the crime of Murder with the use of Unlicensed Firearm.

Appellant shall also be liable to pay P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages for the crime of Frustrated Murder. In addition, interest at the rate of six percent (6%) per annum shall be imposed on all monetary awards from date of finality of this Judgment until fully paid.

WHEREFORE, the 29 July 2013 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 01183 is AFFIRMED with MODIFICATIONS. Appellant LUISITO GABORNE Y CINCO is found GUILTY beyond reasonable doubt of the crime of Murder with the use of Unlicensed Firearm and shall suffer a penalty of Reclusion Perpetua, without eligibility for parole and shall pay the Heirs of Sixto Elizan y Herrera P100,000.00 as civil indemnity, P1 00,000.00 as moral damages, and P100,000.00 as exemplary damages; and of the crime of Frustrated Murder and is hereby sentenced to suffer the indeterminate penalty ranging from eleven (11) years of Prision Mayor as minimum, to eighteen (18) years of Reclusion Temporal as maximum and shall pay P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.

All monetary awards for damages shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.

In the service of his sentence, appellant, who is a detention prisoner, shall be credited with the entire period of his preventive imprisonment.

SO ORDERED.chanRoblesvirtualLawlibrary

Velasco, Jr., (Chairperson), Peralta, Reyes, and Perlas-Bernabe,*JJ., concur.

Endnotes:


* Additional Member per Raffle dated 13 July 2016.

1Rollo, pp. 3-21; Penned by Associate Justice Maria Elisa Sempio Diy with Associate Justices Edgardo L. Delos Santos and Pamela Ann Abella Maxino concurring.

2 Records (Crim. Case No. CC-2007-1640), pp. 186-205; Presided by Acting Presiding Judge Yolanda U. Dagandan.

3 Records (Crim. Case No. CC-2007-1640), p. 1.

4 Records (Crim. Case No. CC-2007-1650), pp. 1 -2.

5 Records (Crim. Case No. CC-2007-1640), p.43; Records (Crim. Case No. CC-2007-1650), p. 22.

6 CA rollo, pp. 70-87.

7 Also referred to in the records as Sixto Elisan.

8 Also referred to in the records as "Mana Riting" & "Narita Gayuso."

9 TSN,21 August 2008, pp. 5-8.

10 TSN, 19 June 2008, pp. 9-11.

11 TSN, 25 September 2008, pp. 4-5.

12 TSN, 21 August 2008, pp. 8-9.

13 Id. at 10.

14 TSN, 19 June 2008, p. 34-38.

15 Id. at 16-21.

16 Id. at 22.

17 TSN, 29 January 2009, pp. 7-17 and 29-43.

18 TSN, 13 August 2009, pp. 9-11.

19 Id. at 12.

20 TSNs, 8 October 2009, p.9 and 4 June 2009, pp. 13-14.

21 Id. at 13; TSN, 8 October 2009, p. 9.

22 Id. at 14-17.

23 TSN, 13 August 2009, pp. 23 and 26.

24 Records (Crim. Case No. CC-2007-1640), pp. 204-205.

25cralawred Rollo, p. 15.

26 Id. at 19-20.

27 Id. at 28-29.

28 Id. at 30 and 40-42.

29 CA rollo, p. 29.

30Miclat, Jr. v. People, 672 Phil. 191, 203 (2013).

31People v. Velasco, 722 Phil. 243, 252 (2013).

32Rollo, p. 15.

33People v. Ereno, 383 Phil 30,41 (2000).

34People v. Rivera, 613 Phil. 660, 667 (2009).

35 Records (Crim. Case No. CC-2007-1640), p. 43.

36 Id. at 155.

37People v. Dela Cruz, 626 Phil. 631, 639 (2010).

38Cirera v. People, G.R. No. 181843, 14 July 2014, 730 SCRA 27, 47 citing Revised Penal Code Art. 14(16).

39People v. Pirame, 384 Phil. 286, 301 (2000) citing People v. Gatchalian, 360 Phil. 178, 196-197 (1998).

40Serrano v. People, 637 Phil. 319, 335 (2010).

41 TSN, 29 January 2009, p. 38.

42People v. Ballesteros, 349 Phil. 366, 374 (1998).

43Cupps v. State, 97 Northwestern Reports, 210.

44 717 Phil. 670, 680-681 (2013).

45 Records, pp. 36-37 and 96.

46 TSN, 19 June 2008, pp. 14-16.

47 TSN,21 August 2008, pp. 11-14.

48People v. Abat, GR. No. 202704, 2 April 2014, 720 SCRA 557, 564 citing People v. Banzuela, 723 Phil. 797, 814(2013).

49People v. Barde, 645 Phil. 434, 457 (2010); People v. Berdin, 462 Phil. 290, 304 (2003); People v. Francisco, 397 Phil. 973, 985 (2000).

50People v. Cajumocan, 474 Phil. 349, 358 (2004).

51 TSN, 19 June 2008, p. 16.

52 TSN, 21 August 2008, p. 12.

53 TSN, 13 August 2009, pp. 19-22. jU

54Peoplev. Pagal, 338 Phil. 946,951 (1997).

55 G.R. Nos. 105289-90,21 July 1994, 234 SCRA 325, 332.

56 GR. Nos. 108780-81, 29 April 1994, 232 SCRA 82, 96.

57 Records, p. 41.

58Celino v CA, G.R. No. 170562, 553 Phil. 178, 185 (2007) citing People v. Ladjaalam, 395 Phil. (2010).

59People v. Avecilla, 404 Phil. 476, 483 (2001).

60People v. Molina, 354 Phil. 746, 786 (1998).

61 Id. at 786-787.

62 Records, p. 41.

63People v. Jugueta, G.R. No. 202124, 5 April 2016 citing People v. Gambao, 718 Phil. 507, 531 (2013).



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  • G.R. No. 212206, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GABBY CONCEPCION Y NIMENDA AND TOTO MORALES, Accused-Appellants.

  • G.R. No. 213847, July 12, 2016 - JUAN PONCE ENRILE, Petitioner, v. SANDIGANBAYAN (THIRD DIVISION), AND PEOPLE OF THE PHILIPPINES., Respondents.

  • G.R. No. 213568, July 05, 2016 - ALICIA P. LOGARTA, Petitioner, v. CATALINO M. MANGAHIS, Respondent.

  • G.R. No. 209264, July 05, 2016 - DAMASO T. AMBRAY AND CEFERINO T. AMBRAY, JR., Petitioners, v. SYLVIA A. TSOUROUS, CARMENCITA AMBRAY-LAUREL, HEDY AMBRAY-AZORES, VIVIEN AMBRAY-YATCO, NANCY AMBRAY-ESCUDERO, MARISTELA AMBRAY-ILAGAN, ELIZABETH AMBRAY-SORIANO, MA. LUISA FE AMBRAY-ARCILLA, AND CRISTINA AMBRAY-LABIT, Respondents.

  • G.R. No. 208353, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. STEVE SIATON Y BATE, Accused-Appellant.

  • G.R. No. 212337, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BELTRAN FUENTES, JR. Accused-Appellant.

  • G.R. No. 220978, July 05, 2016 - CENTURY PROPERTIES, INC., Petitioner, v. EDWIN J. BABIANO AND EMMA B. CONCEPCION, Respondents.

  • G.R. No. 203179, July 04, 2016 - TECHNO DEVELOPMENT & CHEMICAL CORPORATION, Petitioner, v. VIKING METAL INDUSTRIES, INCORPORATED, Respondent.

  • G.R. No. 205728, July 05, 2016 - THE DIOCESE OF BACOLOD, REPRESENTED BY THE MOST REV. BISHOP VICENTE M. NAVARRA AND THE BISHOP HIMSELF IN HIS PERSONAL CAPACITY, Petitioners, v. COMMISSION ON ELECTIONS AND THE ELECTION OFFICER OF BACOLOD CITY, ATTY. MAVIL V. MAJARUCON., Respondents.

  • G.R. No. 204693, July 13, 2016 - GUAGUA NATIONAL COLLEGES, Petitioner, v. GUAGUA NATIONAL COLLEGES FACULTY LABOR UNION AND GUAGUA NATIONAL COLLEGES NON-TEACHING AND MAINTENANCE LABOR UNION, Respondents.

  • G.R. No. 213279, July 11, 2016 - C.F. SHARP CREW MANAGEMENT, INC., BLUE OCEAN SHIP MANAGEMENT, LTD., AND/OR WILLIAM S. MALALUAN, Petitioners, v. WILLIAM C. ALIVIO, Respondent.

  • A.M. No. MTJ-16-1869, July 27, 2016 - MARIE CHRISTINE D. BANCIL, Complainant, v. HONORABLE RONALDO B. REYES, PRESIDING JUDGE OF METROPOLITAN TRIAL COURT OF SAN JUAN CITY, BRANCH 58, Respondent.

  • G.R. No. 220449, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. RUSGIE GARRUCHO Y SERRANO, Appellant.

  • A.C. No. 10631, July 27, 2016 - ERNESTO B. BALBURIAS, Complainant, v. ATTY. AMOR MIA J. FRANCISCO, Respondent.

  • G.R. No. 208264, July 27, 2016 - OFFICE OF THE OMBUDSMAN, Petitioner, v. RICO C. MANALASTAS, Respondent.

  • G.R. No. 206649, July 20, 2016 - FOREST HELLS GOLF AND COUNTRY CLUB, INC., REPRESENTED BY RAINIER L. MADRID, IN A DERIVATIVE CAPACITY AS SHAREHOLDER AND CLUB MEMBER, Petitioner, v. FIL-ESTATE PROPERTIES, INC., AND FIL-ESTATE GOLF DEVELOPMENT, INC., Respondents.

  • G.R. No. 203657, July 11, 2016 - AILEEN ANGELA S. ALFORNON, Petitioner, v. RODULFO DELOS SANTOS AND EDSEL A. GALEOS, Respondents.

  • G.R. No. 206690, July 11, 2016 - BARRIO FIESTA RESTAURANT, LIBERTY ILAGAN, SUNSHINE ONGPAUCO-IKEDA AND MARICO CRISTOBAL, Petitioners, v. HELEN C. BERONIA, Respondent.

  • G.R. No. 189878, July 11, 2016 - WILSON FENIX, REZ CORTEZ AND ANGELITO SANTIAGO, Petitioners, v. THE HONORABLE COURT OF APPEALS AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 181375, July 13, 2016 - PHIL-NIPPON KYOEI, CORP., Petitioner, v. ROSALIA T. GUDELOSAO, ON HER BEHALF AND IN BEHALF OF MINOR CHILDREN CHRISTY MAE T. GUDELOSAO AND ROSE ELDEN T. GUDELOSAO, CARMEN TANCONTIAN, ON HER BEHALF AND IN BEHALF OF THE CHILDREN CAMELA B. TANCONTIAN, BEVERLY B. TANCONTIAN, AND ACE B. TANCONTIAN, Respondents.

  • G.R. No. 208086, July 27, 2016 - FLORENCIO MORALES, JR., Petitioner, v. OMBUDSMAN CONCHITA CARPIO-MORALES, ATTY. AGNES VST DEVANADERA, ATTY. MIGUEL NOEL T. OCAMPO, ATTY. JOYCE MARTINEZ-BARUT, ATTY. ALLAN S. HILBERO, AND ATTY. EDIZER J. RESURRECION, Respondents.

  • G.R. No. 215192, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. BERNABE M. BARTOLINI, Appellant.

  • G.R. No. 204873, July 27, 2016 - ESTHER PASCUAL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 204899, July 27, 2016 - HEIRS OF BABAI GUIAMBANGAN, NAMELY, KALIPA B. GUIAMBANGAN, SAYA GUIAMBANGAN DARUS, NENENG P. GUIAMBANGAN, AND EDGAR P. GUIAMBANGAN, Petitioners, v. MUNICIPALITY OF KALAMANSIG, SULTAN KUDARAT, REPRESENTED BY ITS MAYOR ROLANDO P. GARCIA, MEMBERS OF ITS SANGGUNIANG BAYAN, AND ITS MUNICIPAL TREASURER, Respondents.

  • G.R. No. 205010, July 18, 2016 - PETRON GASUL LPG DEALERS ASSOCIATION AND TOTALGAZ LPG DEALERS ASSOCIATION, Petitioners, v. ELENA LAO, IMELDA LAO, POMPIDOU GOLANGCO, JEREMY WILSON GOLANGCO, CARMEN CASTILLO, AND/OR OCCUPANTS OF BAGUIO GAS CORPORATION, Respondents.

  • G.R. No. 180060, July 13, 2016 - SPOUSES AUGUSTO AND NORA NAVARRO, Petitioners, v. RURAL BANK OF TARLAC, INC., Respondent.

  • G.R. No. 194121, July 11, 2016 - TORRES-MADRID BROKERAGE, INC., Petitioner, v. FEB MITSUI MARINE INSURANCE CO., INC. AND BENJAMIN P. MANALASTAS, DOING BUSINESS UNDER THE NAME OF BMT TRUCKING SERVICES, Respondents.

  • G.R. No. 200352, July 20, 2016 - MARY JUNE CELIZ, Petitioner, v. CORD CHEMICALS, INC., LEONOR G. SANZ, AND MARIAN ONTANGCO, Respondents.

  • G.R. No. 210715, July 18, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUSTICO YGOT Y REPUELA, Accused-Appellants.

  • G.R. No. 221636, July 11, 2016 - LAND BANK PHILIPPINES, OF THE Petitioner, v. THE COURT OF APPEALS AND HEIRS OF MANUEL BOLAŅOS, Respondents.

  • G.R. No. 189312, July 28, 2016 - FE B. SAGUINSIN, Petitioner, v. AGAPITO LIBAN, CESARIO LIBAN, EDDIE TANGUILAN, PACENCIA MACANANG, ISIDRO NATIVIDAD, TIMMY SIBBALUCA AND ISIDRO SIBBALUCA, Respondents.

  • G.R. No. 201436, July 11, 2016 - SPOUSES MAMERTO AND ADELIA* TIMADO, Petitioners, v. RURAL BANK OF SAN JOSE, INC., TEDDY MONASTERIO, IN HIS CAPACITY AS ITS PRESIDENT/MANAGER, AND ATTY. AVELINO SALES, Respondents.

  • G.R. No. 198925, July 13, 2016 - SPOUSES ARCHIBAL LATOJA AND CHARITO LATOJA, Petitioners, v. HONORABLE ELVIE LIM, PRESIDING JUDGE, BRANCH 1, REGIONAL TRIAL COURT, BORONGAN, EASTERN SAMAR, ATTY. JESUS APELADO, REGISTER OF DEEDS, BORONGAN, EASTERN SAMAR, ALVARO CAPITO, AS SHERIFF, BRANCH 2, REGIONAL TRIAL COURT, BORONGAN, EASTERN SAMAR, AND TERESITA CABE, REPRESENTED BY ADELINA ZAMORA, Respondents.

  • G.R. No. 195641, July 11, 2016 - TARCISIO S. CALILUNG, Petitioner, v. PARAMOUNT INSURANCE CORPORATION, RP TECHNICAL SERVICES, INC., RENATO L. PUNZALAN AND JOSE MANALO, JR., Respondents.

  • G.R. No. 212346, July 07, 2016 - RICHARD V. FUNK, Petitioner, v. SANTOS VENTURA HOCORMA FOUNDATION, INC., FEDERICO O. ESCALER, JOSE M. ZARAGOZA, DOMINGO L. MAPA, ERNESTO C. PEREZ AND ARISTON ESTRADA, SR., Respondents.

  • G.R. No. 195147, July 11, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G. R. No. 188283, July 20, 2016 - CATHAY PACIFIC AIRWAYS, LTD., Petitioner, v. SPOUSES ARNULFO AND EVELYN FUENTEBELLA, Respondents.

  • G.R. No. 219627, July 04, 2016 - NATIONAL POWER CORPORATION, Petitioner, v. SOUTHERN PHILIPPINES POWER CORPORATION, Respondent.

  • G.R. No. 187400, July 13, 2016 - FELICISIMO FERNANDEZ, SPOUSES DANILO AND GENEROSA VITUG- LIGON, Petitioners, v. SPOUSES ISAAC AND CONCEPCION RONULO Respondents.

  • A.C. No. 11078, July 19, 2016 - VERLITA V. MERCULLO AND RAYMOND VEDANO, Complainants, v. ATTY. MARIE FRANCES E. RAMON, Respondent.

  • G.R. No. 211028, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JONATHAN ARCILLO, Accused-Appellant.

  • G.R. No. 191442, July 27, 2016 - THE MUNICIPALITY OF ALFONSO LISTA, IFUGAO, REPRESENTED BY CHARLES L. CATTILING, IN HIS CAPACITY AS MUNICIPAL MAYOR AND ESTRELLA S. ALIGUYON, IN HER CAPACITY AS MUNICIPAL TREASURER, Petitioner, v. THE COURT OF APPEALS, SPECIAL FORMER SIXTH DIVISION AND SN ABOITIZ POWER-MAGAT, INC.., Respondents.

  • G.R. No. 206927, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DARIUS RENIEDO Y CAUILAN, Accused-Appellants.

  • G.R. No. 204267, July 25, 2016 - LUZ S. ALMEDA, Petitioner, v. OFFICE OF THE OMBUDSMAN (MINDANAO) AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. Nos. 205963-64, July 07, 2016 - AMANDO A. INOCENTES, Petitioner, v. PEOPLE OF THE PHILIPPINES, HON. ROLAND B. JURADO, IN HIS CAPACITY AS CHAIRPERSON, SANDIGANBAYAN, FIFTH DIVISION, HON. CONCHITA CARPIO MORALES, IN HER CAPACITY AS OMBUDSMAN, AS COMPLAINANT; AND HON. FRANCIS H. JARDELEZA, OFFICE OF THE SOLICITOR GENERAL (OSG), IN ITS CAPACITY AS COUNSEL FOR THE PEOPLE, Respondents.

  • G.R. No. 205839, July 07, 2016 - LAND BANK OF THE PHILIPPINES, Petitioner, v. NARCISO L. KHO, Respondent.; G.R. No. 205840 - MA. LORENA FLORES AND ALEXANDER CRUZ, Petitioners, v. NARCISO L. KHO, Respondent.

  • G.R. No. 206888, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. MARITESS CAYAS Y CALITIS @ "TETET", Appellant.

  • G.R. No. 204222, July 04, 2016 - NEPTUNE METAL SCRAP RECYCLING, INC., Petitioner, v. MANILA ELECTRIC COMPANY AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 191492, July 04, 2016 - PATRICIA SIBAYAN REPRESENTED BY TEODICIO SIBAYAN, Petitioner, v. EMILIO COSTALES, SUSANA ISIDRO, RODOLFO ISIDRO, ANNO ISIDRO AND ROBERTO CERANE., Respondents.

  • A.M. No. RTJ-14-2369 [Formerly OCA I.P.I. No. 12-3907-RTJ], July 26, 2016 - DEPARTMENT OF JUSTICE, REPRESENTED BY SECRETARY LEILA M. DE LIMA, Petitioner, v. JUDGE ROLANDO G. MISLANG, PRESIDING JUDGE, BRANCH 167, REGIONAL TRIAL COURT, PASIG CITY, RESPONDENT.; A.M. No. RTJ-14-2372 [FORMERLY OCA I.P.I. No. 11-3736-RTJ] - HOME DEVELOPMENT MUTUAL FUND (HDMF), REPRESENTED BY ATTY. JOSE ROBERTO F. PO, Petitioner, v. JUDGE ROLANDO G. MISLANG, PRESIDING JUDGE, BRANCH 167, REGIONAL TRIAL COURT, PASIG CITY, Respondent.

  • G.R. No. 210192, July 04, 2016 - ROSALINDA S. KHITRI AND FERNANDO S. KHITRI, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.M. OCA IPI No. 12-204-CA-J, July 26, 2016 - 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 G. ROSARIO.

  • G.R. No. 200537, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODRIGO QUITOLAY BALMONTE, Accused-Appellants.

  • G.R. No. 183934, July 20, 2016 - ERNESTO GALANG AND MA. OLGA JASMIN CHAN, Petitioners, v. BOIE TAKEDA CHEMICALS, INC. AND/OR KAZUHIKO NOMURA, Respondents.

  • G.R. No. 183645, July 20, 2016 - HEIRS OF GAMALIEL ALBANO, REPRESENTED BY ALEXANDER ALBANO AND ALL OTHER PERSON LIVING WITH THEM IN THE SUBJECT PREMISES, Petitioners, v. SPS. MENA C. RAVANES AND ROBERTO RA VANES, Respondents.

  • G.R. No. 212426, July 26, 2016 - RENE A.V. SAGUISAG, WIGBERTO E. TAŅADA, FRANCISCO "DODONG" NEMENZO, JR., SR. MARY JOHN MANANZAN, PACIFICO A. AGABIN, ESTEBAN "STEVE" SALONGA, H. HARRY L. ROQUE, JR., EVALYN G. URSUA, EDRE U. OLALIA, DR. CAROL PAGADUAN-ARAULLO, DR. ROLAND SIMBULAN, AND TEDDY CASIŅO, Petitioners, v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., DEPARTMENT OF NATIONAL DEFENSE SECRETARY VOLTAIRE GAZMIN, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, JR., DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO ABAD, AND ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, Respondents.; G.R. No. 212444 - BAGONG ALYANSANG MAKABAYAN (BAYAN), REPRESENTED BY ITS SECRETARY GENERAL RENATO M. REYES, JR., BAYAN MUNA PARTY-LIST REPRESENTATIVES NERI J. COLMENARES, AND CARLOS ZARATE, GABRIELA WOMEN'S PARTY-LIST REPRESENTATIVES LUZ ILAGAN AND EMERENCIANA DE JESUS, ACT TEACHERS PARTY-LIST REPRESENTATIVE ANTONIO L. TINIO, ANAKPAWIS PARTY-LIST REPRESENTATIVE FERNANDO HICAP, KABATAAN PARTY-LIST REPRESENTATIVE TERRY RIDON, MAKABAYANG KOALISYON NG MAMAMAYAN (MAKABAYAN), REPRESENTED BY SATURNINO OCAMPO, AND LIZA MAZA, BIENVENIDO LUMBERA, JOEL C. LAMANGAN, RAFAEL MARIANO, SALVADOR FRANCE, ROGELIO M. SOLUTA, AND CLEMENTE G. BAUTISTA, Petitioners, v. DEPARTMENT OF NATIONAL DEFENSE (DND) SECRETARY VOLTAIRE GAZMIN, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, DEFENSE UNDERSECRETARY PIO LORENZO BATINO, AMBASSADOR LOURDES YPARRAGUIRRE, AMBASSADOR J. EDUARDO MALAYA, DEPARTMENT OF JUSTICE UNDERSECRETARY FRANCISCO BARAAN III, AND DND ASSISTANT SECRETARY FOR STRATEGIC ASSESSMENTS RAYMUND JOSE QUILOP AS CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE NEGOTIATING PANEL FOR THE PHILIPPINES ON EDCA, Respondents.; KILUSANG MAYO UNO, REPRESENTED BY ITS CHAIRPERSON, ELMER LABOG, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE), REPRESENTED BY ITS NATIONAL PRESIDENT FERDINAND GAITE, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO, REPRESENTED BY ITS NATIONAL PRESIDENT JOSELITO USTAREZ, NENITA GONZAGA, VIOLETA ESPIRITU, VIRGINIA FLORES, AND ARMANDO TEODORO, JR., Petitioners-In-Intervention,; RENE A.Q. SAGUISAG, JR., Petitioner-In-Intervention.

  • G.R. No. 208527, July 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARDO BACERO Y CASABON, Accused-Appellants.

  • G.R. No. 190408, July 20, 2016 - BENJIE B. GEORG REPRESENTED BY BENJAMIN C. BELARMINO, JR., Petitioner, v. HOLY TRINITY COLLEGE, INC., Respondent.

  • G.R. No. 215764, July 13, 2016 - RICHARD K. TOM, Petitioner, v. SAMUEL N. RODRIGUEZ, Respondent.

  • A.C. No. 10944, July 12, 2016 - NORMA M. GUTIERREZ, Complainant, v. ATTY. ELEANOR A. MARAVILLA-ONA. Respondent.

  • G.R. No. 204605, July 19, 2016 - INTELLECTUAL PROPERTY ASSOCIATION OF THE PHILIPPINES, Petitioner, v. HON. PAQUITO OCHOA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. ALBERT DEL ROSARIO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF FOREIGN AFFAIRS, AND HON. RICARDO BLANCAFLOR, IN HIS CAPACITY AS THE DIRECTOR GENERAL OF THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES, Respondents.

  • A.C. No. 11316, July 12, 2016 - PATRICK A. CARONAN, Complainant, v. RICHARD A. CARONAN A.K.A. "ATTY. PATRICK A. CARONAN," Respondent.

  • G.R. No. 206054, July 25, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. MINNIE TUMULAK Y CUENCA, Appellant.

  • G.R. No. 206906, July 25, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. FLORDILINA RAMOS, Appellant.

  • G.R. No. 217999, July 26, 2016 - TERESITA P. DE GUZMAN, IN HER CAPACITY AS FORMER GENERAL MANAGER; BERNADETTE B. VELASQUEZ, IN HER CAPACITY AS FINANCE MANAGER; ATTY. RODOLFO T. TABANGIN, ATTY. ANTONIO A. ESPIRITU, ATTY. MOISES P. CATING, IN THEIR CAPACITIES AS FORMER MEMBERS OF THE BAGNIO WATER DISTRICT (BWD) BOARD OF DIRECTORS; AND SONIA A. DAOAS AND ENGR. FELINO D. LAGMAN, IN THEIR CAPACITIES AS INCUMBENT MEMBERS OF THE BOARD OF DIRECTORS, Petitioners, v. COMMISSION ON AUDIT, CENTRAL OFFICE, REPRESENTED BY ITS CHAIRPERSON MICHAEL G. AGUINALDO, COMMISSIONER JUANITO G. ESPINO, JR., COMMISSIONER HEIDI MENDOZA, AND NILDA B. PLARAS, DIRECTOR IV, COMMISSION SECRETARY, Respondents.

  • G.R. No. 213598, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MERCELITA1 ARENAS Y BONZO @ MERLY, Accused-Appellants.

  • G.R. No. 208009, July 11, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDILBERTO PUSING Y TAMOR, Accused-Appellant.

  • A.M. No. P-16-3471 (Formerly A.M. No. 15-06-197-RTC), July 26, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JOHN REVEL B. PEDRIŅA, CLERK III, BRANCH 200, REGIONAL TRIAL COURT, LAS PIŅAS CITY, Respondent.

  • G.R. No. 199151-56, July 25, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. THE SANDIGANBAYAN, FIFTH DIVISION, LT. GEN. LEOPOLDO S. ACOT, B/GEN. ILDEFONSO N. DULINAYAN, LT. COL. SANTIAGO B. RAMIREZ, LT. COL. CESAR M. CARINO, MAJ. PROCESO T. SABADO, MAJ. PACQUITO L. CUENCA, 1LT. MARCELINO M. MORALES, M/SGT. ATULFO D. TAMPOLINO, REMEDIOS "REMY" DIAZ, JOSE GADIN, JR., GLENN ORQUIOLA, HERMINIGILDA LLAVE, GLORIA BAYONA AND RAMON BAYONA JR., Respondents.

  • G.R. No. 190158, July 20, 2016 - HEIRS OF LIBERATO CASTILLEJOS AND RURAL BANK OF AGOO, LA UNION, Petitioners, v. LA TONDEŅA INCORPORADA, Respondent.

  • G.R. No. 208837, July 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DONNA RIVERA Y DUMO, Accused-Appellant.

  • G.R. No. 210801, July 18, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALVIN CENIDO Y PICONES AND REMEDIOS CONTRERAS Y CRUZ, Accused-Appellants.

  • G.R. No. 213529, July 13, 2016 - JANET LIM NAPOLES, Petitioner, v. HON. SECRETARY LEILA DE LIMA, PROSECUTOR GENERAL CLARO ARELLANO, AND SENIOR DEPUTY STATE PROSECUTOR THEODORE M. VILLANUEVA, IN THEIR CAPACITIES AS OFFICERS OF THE DEPARTMENT OF JUSTICE, HON. ELMO M. ALAMEDA, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF MAKATI, BRANCH 150, NATIONAL BUREAU OF INVESTIGATION (NBI), ARTURO F. LUY, GERTRUDES K. LUY, ANNABELLE LUY-REARIO, AND BENHUR K. LUY, Respondents.

  • G.R. No. 215340, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GLORIA CAIZ Y TALVO, Accused-Appellants.

  • G.R. No. 202514, July 25, 2016 - ANNA MARIE L. GUMABON, Petitioner, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G.R. No. 192477, July 27, 2016 - MOMARCO IMPORT COMPANY, INC., Petitioner, v. FELICIDAD VILLAMENA, Respondent.

  • G.R. No. 210606, July 27, 2016 - GRACE PARK* INTERNATIONAL CORPORATION AND WOODLINK REALTY CORPORATION, Petitioners, v. EASTWEST BANKING CORPORATION, SECURITY BANKING CORPORATION, ALLIED BANKING CORPORATION, REPRESENTED BY THE TRUSTEE AND ATTORNEY-IN-FACT OF EASTWEST BANKING CORPORATION TRUST DIVISION, EMMANUEL L. ORTEGA, IN HIS CAPACITY AS THE EX-OFFICIO SHERIFF OF THE REGIONAL TRIAL COURT, MALOLOS CITY, BULACAN, EDRIC C. ESTRADA, IN HIS CAPACITY AS SHERIFF IV OF THE REGIONAL TRIAL COURT, MALOLOS CITY, BULACAN, Respondent.

  • G.R. No. 172682, July 27, 2016 - SULPICIO LINES, INC., Petitioner, v. NAPOLEON SESANTE, NOW SUBSTITUTED BY MARIBEL ATILANO, KRISTEN MARIE, CHRISTIAN IONE, KENNETH KERRN AND KARISNA KATE, ALL SURNAMED SESANTE, Respondent.

  • G.R. No. 199180, July 27, 2016 - THELMA RODRIGUEZ, JOINED BY HER HUSBAND, Petitioners, v. SPOUSES JAIME SIOSON AND ARMI SIOSON, ET AL., Respondents.

  • G.R. No. 181335, July 27, 2016 - MARIO SALUTA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.C. No. 5951, July 12, 2016 - JUTTA KRURSEL, Complainant, v. ATTY. LORENZA A. ABION, Respondent.

  • G.R. No. 218665, July 20, 2016 - JULIUS BAUTTSTA, ARSENIO LARANANG, REYNALDO BALDEMOR, MANAYAN, NORMA FLORES, CONSUELO ESTIGOY, CARMELITA VALMONTE, SIMEON MARTIN, MAGDALENA GADIAN, JOSE GINNO DELA MERCED, JOVEN SILAN, JR., JULIO DIAZ, GIDEON ACOSTA, AND WENCESLA BAUTISTA, Petitioners, v. LT. COL. BENITO DONIEGO, JR., LT. COL. ALFREDO PATARATA, AND MAJOR GENERAL GREGORIO PIO CATAPANG, Respondent.

  • A.C. No. 9492, July 11, 2016 - PLUTARCO E. VAZQUEZ, Complainants, v. ATTY. DAVID LIM QUECO KHO, Respondent.

  • A.C. No. 6387 [Formerly CBD Case No. 11-3001], July 19, 2016 - GABINO V. TOLENTINO AND FLORDELIZA C. TOLENTINO, Complainants, v. ATTY. HENRY B. SO AND ATTY. FERDINAND L. ANCHETA, Respondents.

  • G.R. No. 215723, July 27, 2016 - DOREEN GRACE PARILLA MEDINA, A.K.A. "DOREEN GRACE MEDINA KOIKE," Petitioner, v. MICHIYUKI KOIKE, THE LOCAL CIVIL REGISTRAR OF QUEZON CITY, METRO MANILA, AND THE ADMINISTRATOR AND CIVIL REGISTRAR GENERAL OF THE NATIONAL STATISTICS OFFICE, Respondent.

  • G.R. No. 204494, July 27, 2016 - JO-ANN DIAZ-SALGADO AND HUSBAND DR. GERARD C. SALGADO, Petitioners, v. LUIS G. ANSON, Respondent.

  • G.R. No. 213601, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANKIE GERERO, ROLITO GERERO Y ARMIROL, CHRISTOPHER GERERO, ALFIE ESPINOSA Y MENDEZ AND RENATO BARTOLOME Y JAIME, ACCUSED, ROLITO GERERO Y ARMIROL, ALFIE ESPINOSA Y MENDEZ AND RENATO BARTOLOME Y JAIME, Accused-Appellants.

  • G.R. No. 217381, July 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VICENTE R. SALVADOR, Accused-Appellant.

  • A.C. No. 7072, July 27, 2016 - VIRGILIO D. MAGAWAY AND CESARIO M. MAGAWAY, Complainants, v. ATTY. MARIANO A. AVECILLA, Respondent.

  • G.R. No. 212615, July 19, 2016 - LEODEGARIO A. LABAO, JR., Petitioner, v. COMMISSION ON ELECTIONS AND LUDOVICO L, MARTELINO, JR., Respondents.; G.R. NO. 212989 - SHARON GRACE MARTINEZ-MARTELINO, Petitioner, v. COMMISSION ON ELECTIONS AND VICE MAYOR JOSE O. ALBA, JR., Respondent.

  • G.R. Nos. 194763-64, July 20, 2016 - WILFRED GACUS YAMSON, ASSISTANT GENERAL MANAGER A, REY CAŅETE CHAVEZ, DEPARTMENT MANAGER C, ARNOLD DOMINGO NAVALES, DEPARTMENT MANAGER C, ROSINDO JAPAY ALMONTE, DIVISION MANAGER C, ALFONSO EDEN LAID, ASSISTANT GENERAL MANAGER A, AND WILLIAM V. GUILLEN, DEPARTMENT MANAGER C, (ALL OF) DAVAO CITY WATER DISTRICT, BAJADA, DAVAO CITY, Petitioners, v. DANILO C. CASTRO AND GEORGE F. INVENTOR, Respondents.

  • G.R. No. 210710, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LUISITO GABORNE Y CINCO, Accused-Appellant.

  • G.R. No. 209271, July 26, 2016 - 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 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. 209276 - ENVIRONMENTAL MANAGEMENT BUREAU OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, BUREAU OF PLANT INDUSTRY AND THE FERTILIZER AND PESTICIDE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE, Petitioners, v. COURT OF APPEALS, GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR, ANGELINA GALANG, LEONARDO AVILA HI, 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 BAŅOS FOUNDATION, INC.,. Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES) MAGSASAKA AT 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 L. 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 LOS BAŅOS, Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT 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, DAGOROY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY L. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN, AND PROMULGATED: EDWIN MARTHINE LOPEZ, Respondent.

  • A.M. No. 12-8-07-CA, July 26, 2016 - RE: LETTER OF COURT OF APPEALS JUSTICE VICENTE S.E. VELOSO FOR ENTITLEMENT TO LONGEVITY PAY FOR HIS SERVICES AS COMMISSION MEMBER III OF THE NATIONAL LABOR RELATIONS COMMISSION; A.M. NO. 12-9-5-SC - RE: COMPUTATION OF LONGEVITY PAY OF COURT OF APPEALS JUSTICE ANGELITA A, GACUTAN; A.M. NO. 13-02-07-SC - RE: REQUEST OF COURT OF APPEALS JUSTICE REMEDIOS A. SALAZAR- FERNANDO THAT HER SERVICES AS MTC JUDGE AND AS COMELEC COMMISSIONER BE CONSIDERED AS PART OF HER JUDICIAL SERVICE AND INCLUDED IN THE COMPUTATION/ADJUSTMENT OF HER LONGEVITY PAY., Respondent.

  • G.R. No. 202050, July 25, 2016 - PHILIPPINE NATIONAL OIL COMPANY AND PNOC DOCKYARD & ENGINEERING CORPORATION, Petitioners, v. KEPPEL PHILIPPINES HOLDINGS, INC., Respondent.

  • G.R. No. 210991, July 12, 2016 - DUTY FREE PHILIPPINES CORPORATION (FORMERLY DUTY FREE PHILIPPINES) DULY REPRESENTED BY ITS CHIEF OPERATING OFFICER, LORENZO C. FORMOSO, Petitioner, v. COMMISSION ON AUDIT, HON. MA. GRACIA M. PULIDO TAN, CHAIRPERSON AND HON. HEIDI L. MENDOZA, COMMISSIONER, Respondent.

  • A.C. No. 10117, July 25, 2016 - IN RE: RESOLUTION DATED AUGUST 14, 2013 OF THE COURT OF APPEALS IN CA- PRESENT: GR.CV NO. 94656, v. ATTY. GIDEON D.V. MORTEL, Respondent.