Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2010 > February 2010 Decisions > [G.R. No. 168169 : February 24, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALBERTO TABARNERO AND GARY TABARNERO, ACCUSED-APPELLANTS.:




FIRST DIVISION

[G.R. No. 168169 : February 24, 2010]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALBERTO TABARNERO AND GARY TABARNERO, ACCUSED-APPELLANTS.

D E C I S I O N


LEONARDO-DE CASTRO, J.:

This is an appeal from the Decision[1] of the Court of Appeals in CA-G.R. CR.-H.C. No. 00027 dated April 29, 2005. In said Decision, the Court of Appeals affirmed with modification the August 29, 2002 Decision[2] of the Regional Trial Court (RTC), Branch 78 of Malolos, Bulacan, in Crim. Case No. 888-M-2000, convicting herein appellants Alberto Tabarnero (Alberto) and Gary Tabarnero (Gary) of the crime of Murder.

The factual and procedural antecedents of the case are as follows:

Late at night on October 23, 1999, Gary went to the house of the deceased Ernesto Canatoy (Ernesto), where the former used to reside as the live-in partner of Mary Jane Acibar (Mary Jane), Ernesto's stepdaughter. Gary and Ernesto had a confrontation during which the latter was stabbed nine times, causing his death. The versions of the prosecution and the defense would later diverge as regards the presence of other persons at the scene and other circumstances concerning Ernesto's death.

On March 3, 2000, Gary and his father, Alberto, were charged with the crime of Murder in an Information which read:

That on or about the 23rd day of October, 1999, in the municipality of Malolos, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating together and mutually helping each other, armed with bladed instrument and with intent to kill one Ernesto Canatoy, did then and there willfully, unlawfully, and feloniously, with evident premeditation, abuse of superior strength and treachery, attack, assault and stab with the said bladed instrument the said Ernesto Canatoy, hitting the latter on the different parts of his body, thereby causing him serious physical injuries which directly caused his death.[3]

On 27 March 2000, warrants for the arrest of Gary and Alberto were issued by the RTC of Malolos, Bulacan.[4]

On April 22, 2001, Gary surrendered to Barangay Tanod Edilberto Alarma.[5] When he was arraigned on April 30, 2001, Gary pleaded NOT GUILTY to the crime charged. [6] During this time, Alberto remained at large.

On May 21, 2001, a pre-trial conference was conducted. Therein, Gary admitted having killed Ernesto, but claimed that it was an act of self-defense. Thus, pursuant to Section 11(e), Rule 119 of the Rules of Court, a reverse trial ensued.

Gary, a 22-year-old construction worker at the time of his testimony in June 2001, testified that he stayed in Ernesto's house from 1997 to 1999, as he and Mary Jane were living together. Mary Jane is the daughter of Teresita Acibar, the wife[7] of Ernesto. However, Gary left the house shortly before the October 23, 1999 incident because of a misunderstanding with Ernesto when the latter allegedly stopped the planned marriage of Gary and Mary Jane, who was pregnant at that time.

On October 23, 1999, Gary was allegedly in his house in Longos, Malolos, Bulacan at around 11:40 p.m. with his friend, Richard Ulilian; his father, co-appellant Alberto; his mother, Elvira; and his brother, Jeffrey. Overcome with emotion over being separated from Mary Jane, Gary then went to Ernesto's house, but was not able to enter as no one went out of the house to let him in. He instead shouted his pleas from the outside, asking Ernesto what he had done wrong that caused Ernesto to break him and Mary Jane up, and voicing out several times that he loved Mary Jane and was ready to marry her. When Gary was about to leave, the gate opened and Ernesto purportedly struck him with a lead pipe. Ernesto was aiming at Gary's head, but the latter blocked the blow with his hands, causing his left index finger to be broken. Gary embraced Ernesto, but the latter strangled him. At that point, Gary felt that there was a bladed weapon tucked at Ernesto's back. Losing control of himself, Gary took the bladed weapon and stabbed Ernesto, although he cannot recall how many times he did so.[8]

According to Gary, Ernesto fell to the ground, and pleaded, "saklolo, tulungan niyo po ako" three times. Gary was stunned, and did not notice his father, co-appellant Alberto, coming. Alberto asked Gary, "anak, ano ang nangyari?" To which Gary responded "nasaksak ko po yata si Ka Erning," referring to Ernesto. Gary and Alberto fled, allegedly out of fear.[9]

Gary denied that he and Alberto conspired to kill Ernesto. Gary claims that it was he and Ernesto who had a fight, and that he had no choice but to stab Ernesto, who was going to kill him.[10]

Gary's sister, Gemarie Tabarnero, testified that she was a childhood friend of Mary Jane. Gemarie attested that Mary Jane was Gary's girlfriend from 1995 to 1999. Sometime in 1999, however, Gary and Mary Jane were prevented from talking to each other. During that time, Gary was always sad and appeared catatonic, sometimes mentioning Mary Jane's name and crying.[11]

On the night of the incident on October 23, 1999, Gemarie observed that Gary was crying and seemed perplexed. Gary told Gemarie that he was going to Ernesto's house to talk to Ernesto about Mary Jane. Gary allegedly did not bring anything with him when he went to Ernesto's house.[12]

In the meantime, on August 5, 2001, Alberto was apprehended.[13] On August 20, 2001, he pleaded NOT GUILTY to the charge.[14] However, while Alberto's defense is denial and not self-defense like Gary's, the court decided to proceed with the reverse trial, as it had already started that way.[15]

Next on the witness stand was Edilberto Alarma (Alarma), who was a barangay tanod of Longos, Malolos, Bulacan since February 2000. Alarma testified that while he was in a meeting at around 4:00 p.m. on April 22, 2001, Gary arrived and told him of his intention to surrender to him. Gary told him that he was responsible for the "incident [that] happened at Daang Riles." Together with his fellow barangay tanod Zaldy Garcia, Alarma brought Gary to the Malolos Police Station, where the surrender was entered in the blotter report.[16]

Appellant Alberto, a construction worker employed as leadman/foreman of Alicia Builders, was 45 years old at the time of his testimony in September 2001. He testified that at the time of the incident, he was living in Norzagaray, Bulacan. On October 23, 1999, however, he went to visit his children, Gary and Gemarie, in Barangay Longos, Malolos, Bulacan. Before going to sleep at 11:00 p.m., he realized that Gary was not in the place where he would usually sleep. He went downstairs, thinking that Gary was just urinating. He waited for five minutes; when Gary did not show up, he proceeded to Daang Bakal, where Gary had many friends. He walked for about 10 minutes. About 400 meters from the site of the incident, he saw Gary and asked him what happened and why he was in a hurry, to which Gary replied: "Wag na kayong magtanong, umalis na tayo, napatay ko po yata si Kuya Erning." Alberto and Gary ran in different directions. Alberto passed through the railways and exited in front of the capitol compound to wait for a jeepney going to Sta. Maria, his route toward his home in Norzagaray.[17]

Alberto claims that he had no knowledge of the accusation that he conspired with Gary in killing Ernesto. It was three months after the incident that he came to know that he was being charged for a crime. At this time, he was already residing in Hensonville Plaza, Angeles City, Pampanga, where he was assigned when his engineer, Efren Cruz, secured a project in said place.[18]

During cross-examination, Alberto repeated that he did not return to Gary's house after the incident. He said that it did not occur to him to inform the authorities about the killing of Ernesto. Later, Alberto learned from his sibling, whom he talked to by phone, that Gary had already surrendered. He did not consider surrendering because, although he wanted to clear his name, nobody would work to support his family. He said that he had no previous misunderstanding with Ernesto.[19]

Answering questions from the court, Alberto stated that he immediately went home to Norzagaray because he was afraid to be implicated in the stabbing of Ernesto. It did not occur to him to stay and help Gary because he did not know where Gary proceeded after they ran away. The next time he saw Gary was three months after the incident, when Gary went to Norzagaray.[20]

The first to testify for the prosecution was its eyewitness, Emerito Acibar (Emerito). Emerito, the brother of Mary Jane,[21] was inside their house in Daang Bakal, Longos, Malolos, Bulacan with his brother and his stepfather, Ernesto, at around eleven o'clock on the night of the incident on October 23, 1999. He heard somebody calling for Ernesto, but ignored it. He then heard a "kalabog," followed by Ernesto's plea for help. Emerito was about to go outside, but, while he was already at the door of their one-room[22] house, he saw Ernesto being held by a certain Toning "Kulit" and another person, while Gary and Alberto were stabbing Ernesto with fan knives. Emerito lost count of the number of thrusts made by Gary and Alberto, but each inflicted more than one, and the last stab was made by Alberto. Emerito shouted for help. The four assailants left when somebody arrived, allowing Emerito to approach Ernesto and bring him to the Bulacan Provincial Hospital.[23]

On cross-examination, Emerito confirmed that Gary and Mary Jane used to reside in Ernesto's house. On the date of the incident, however, Gary had already left the house, while Mary Jane had moved to Abra with Teresita (the mother of Emerito and Mary Jane). According to Emerito, his family did not know that Mary Jane and Gary had a relationship because they treated Gary like a member of the family. Ernesto got mad when his wife, Teresita, found out about Gary and Mary Jane's relationship. On the night of the incident, at past 11:00 p.m., Emerito was fixing his things inside their house, when he heard someone calling from outside, but was not sure if it was Gary. Emerito neither saw Ernesto leaving the room, nor the fight between Ernesto and Gary. All he saw was the stabbing, which happened seven to eight meters away from the doorway where he was standing. He was sure that there were four assailants, two of whom went to a bridge 8 to 10 meters from the incident, where they boarded a yellow XLT-type car.[24]

Senior Police Officer 2 (SPO2) Ronnie Morales of the Malolos Philippine National Police testified that he was on duty at the police station on the night of October 23, 1999. During that night, Emerito reported at the police station that Ernesto had been stabbed. SPO2 Morales and Emerito proceeded to the Bulacan Provincial Hospital, where SPO2 Morales saw Ernesto in the operating room, very weak due to multiple injuries. While in the presence of two doctors on duty, SPO2 Morales asked Ernesto who stabbed him. Ernesto answered that the assailants were the father and son, Gary and Alberto Tabarnero from Longos, Bulacan.[25]

Cross-examined, SPO2 Morales clarified that it was already 1:00 a.m. of the following day when he and Emerito proceeded to the hospital. As they went to the hospital, Emerito did not inform SPO2 Morales that he witnessed the incident. SPO2 Morales did not find it odd that Emerito did not tell him who the suspects were when Emerito reported the incident, because they immediately proceeded to the hospital, considering that the victim, Ernesto, was still alive. Ernesto was not able to affix his signature on the Sinumpaang Salaysay[26] because he could no longer talk after the fourth question. Answering questions from the court, SPO2 Morales further stated that he could not remember talking to Emerito on their way to the hospital, since they were in a hurry.[27]

The government physician at the Bulacan Provincial Hospital who prepared Ernesto's death certificate, Dr. Apollo Trinidad, clarified that Ernesto died on October 25, 1999. However, considering the admission by the defense of the fact of death, the cause thereof, and the execution of the death certificate, the prosecution no longer questioned Dr. Trinidad on these matters.[28]

Teresita's testimony was likewise dispensed with, in light of the admission by the defense that she was the common-law wife of Ernesto, and that she incurred P55,600.00 in expenses in relation to Ernesto's death.[29]

On August 29, 2002, the RTC rendered its Decision convicting Gary and Alberto of the crime of murder. The decretal portion of the Decision reads:

WHEREFORE, the foregoing considered, this Court hereby finds accused Alberto Tabarnero and Gary Tabarnero GUILTY beyond reasonable doubt of the Crime of Murder defined and penalized under Art. 248 of the Revised Penal Code, as amended, and sentences them to suffer the penalty of Reclusion Perpetua and to pay private complainant Teresita Acibar the amount of P55,600.000 (sic) as actual damages[,] P50,000.00 as indemnity for the death of Ernesto Canatoy[,] P50,000.00 as moral damages, and the costs of suit.[30]

Gary and Alberto appealed to this Court. After the parties had filed their respective briefs, this Court, in People v. Mateo,[31] modified the Rules of Court in so far as it provides for direct appeals from the RTC to this Court in cases where the penalty imposed is death, reclusion perpetua or life imprisonment. Pursuant thereto, this Court referred[32] the case to the Court of Appeals, where it was docketed as CA-G.R. CR.-H.C. No. 00027.

On April 29, 2005, the Court of Appeals affirmed the conviction with modification as regards exemplary damages, disposing of the case in the following manner:

WHEREFORE, the decision of the Regional Trial Court of Malolos, Bulacan, Branch 78 dated 29 August 2002 is hereby AFFIRMED with the modification that exemplary damages in the amount of P25,000.00 is awarded because of the presence of treachery.[33]

From the Court of Appeals, the case was elevated to this Court anew when Gary and Alberto filed a Notice of Appeal on May 13, 2005.[34] In its Resolution on August 1, 2005, this Court required both parties to submit their respective supplemental briefs, if they so desire. Both parties manifested that they were adopting the briefs they had earlier filed with this Court.

Gary and Alberto, in their brief filed in this Court before the referral of the case to the Court of Appeals, assigned the following errors to the RTC:

I.

THE COURT A QUO GRAVELY ERRED IN NOT CONSIDERING THE JUSTIFYING CIRCUMSTANCE OF SELF-DEFENSE AND THE MITIGATING CIRCUMSTANCE OF VOLUNTARY SURRENDER INTERPOSED BY ACCUSED-APPELLANT GARY TABARNERO

II.

THE COURT A QUO GRAVELY ERRED IN FINDING THAT THERE WAS CONSPIRACY IN THE CASE AT BAR

III.

ASSUMING ARGUENDO THAT ACCUSED-APPELLANTS ARE CULPABLE, THE COURT A QUO GRAVELY ERRED IN APPRECIATING THE QUALIFYING CIRCUMSTANCE OF TREACHERY[35]

The justifying circumstance of self-defense on
the part of Gary cannot be considered


The requisites for self-defense are: 1) unlawful aggression on the part of the victim; 2) lack of sufficient provocation on the part of the accused; and 3) employment of reasonable means to prevent and repel aggression.[36]

The defense invokes the said justifying circumstance, claiming that all of the above three elements are present in the case at bar. There was allegedly unlawful aggression on the part of Ernesto when the latter delivered the first blow with the lead pipe. According to the defense, the means Gary used to defend himself was reasonable, and the shouted professions of his feelings for Mary Jane could not be considered provocation sufficient for Ernesto to make the unlawful aggression.

The Court of Appeals noted that the only evidence presented by the defense to prove the alleged unlawful aggression was Gary's own testimony. Citing Casitas v. People,[37] the Court of Appeals held that the nine stab wounds inflicted upon Ernesto indicate Gary's intent to kill, and not merely an intent to defend himself. The number of wounds also negates the claim that the means used by Gary to defend himself was reasonable.

We agree with the Court of Appeals. Unlawful aggression is an indispensable requirement of self-defense.[38] As ruled by the Court of Appeals, the evidence presented by Gary to prove the alleged unlawful aggression, namely, his own testimony, is insufficient and self-serving. The alleged sudden appearance of Ernesto and his first attack with the lead pipe the very moment Gary decided to leave seems to this Court to be all too convenient, considering that there was no one around to witness the start of the fight.

The RTC, which had the opportunity to observe the demeanor of the witnesses, found Gary's account concerning the alleged unlawful aggression on the part of Ernesto to be unconvincing. Factual findings of the trial court, especially when affirmed by the Court of Appeals, as in this case, are binding on this Court and are entitled to great respect.[39] It also bears to emphasize that by invoking self-defense, Gary, in effect, admitted killing Ernesto, thus, shifting upon him the burden of evidence to prove the elements of the said justifying circumstance.[40] A plea of self-defense cannot be justifiably appreciated where it is not only uncorroborated by independent and competent evidence, but also extremely doubtful in itself.[41]

The defense further argues that assuming that Gary is not qualified to avail of the justifying circumstance of self-defense, he would nevertheless be entitled to the mitigating circumstance of incomplete self-defense under Article 13(1) of the Revised Penal Code, which provides:

Art. 13. Mitigating circumstances. -- The following are mitigating circumstances:

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant.

We disagree. Unlawful aggression is a condition sine qua non, without which there can be no self-defense, whether complete or incomplete.[42] There is incomplete self-defense when the element of unlawful aggression by the victim is present, and any of the other two essential requisites for self-defense.[43] Having failed to prove the indispensable element of unlawful aggression, Gary is not entitled to the mitigating circumstance, even assuming the presence of the other two elements of self-defense.

Gary is not entitled to the mitigating
circumstance of voluntary surrender


The first assignment of error presents another issue for the consideration of this Court. The defense argues that Gary's yielding to Alarma should be credited as a mitigating circumstance of voluntary surrender. The Solicitor General agreed with the defense on this point. The Court of Appeals, however, disagreed, and held that the delay of six months[44] before surrendering negates spontaneity,[45] a requisite for voluntary surrender to be considered mitigating.

We agree with the Court of Appeals.

In order that the mitigating circumstance of voluntary surrender may be credited to the accused, the following requisites should be present: (a) the offender has not actually been arrested; (b) the offender surrendered himself to a person in authority; and (c) the surrender must be voluntary. A surrender, to be voluntary, must be spontaneous, i.e., there must be an intent to submit oneself to authorities, either because he acknowledges his guilt or because he wishes to save them the trouble and expenses in capturing him.[46]

In People v. Barcimo, Jr.,[47] the pending warrant for the arrest of the accused and the latter's surrender more than one year after the incident were considered by the Court as damaging to the plea that voluntary surrender be considered a mitigating circumstance. Thus:

The trial court did not err in disregarding the mitigating circumstance of voluntary surrender. To benefit an accused, the following requisites must be proven, namely: (1) the offender has not actually been arrested; (2) the offender surrendered himself to a person in authority; and (3) the surrender was voluntary. A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because he acknowledges his guilt, or he wishes to save them the trouble and expense necessarily incurred in his search and capture. Voluntary surrender presupposes repentance. In People v. Viernes [G.R. No. 136733-35, 13 December 20010], we held that going to the police station to clear one's name does not show any intent to surrender unconditionally to the authorities.

In the case at bar, appellant surrendered to the authorities after more than one year had lapsed since the incident and in order to disclaim responsibility for the killing of the victim. This neither shows repentance or acknowledgment of the crime nor intention to save the government the trouble and expense necessarily incurred in his search and capture. Besides, at the time of his surrender, there was a pending warrant of arrest against him. Hence, he should not be credited with the mitigating circumstance of voluntary surrender.

The records show that Gary surrendered on April 22, 2001.[48] The commitment order commanding that he be detained was issued on April 24, 2001.[49] The surrender was made almost one year and six months from the October 23, 1999 incident, and almost one year and one month from the issuance of the warrant of arrest against him on March 27, 2000.[50] We, therefore, rule that the mitigating circumstance of voluntary surrender cannot be credited to Gary.

Alberto is a principal by direct
participation in the killing of Ernesto


In insisting upon Alberto's innocence, the defense claims that there was no conspiracy between him and his son, Gary. The defense asserts that Alberto just happened to be near the scene of the crime as he was looking for his son, whom he saw only after the altercation.

The basis of Alberto's conviction, however, is not solely conspiracy. A review of the proven facts shows that conspiracy need not even be proven by the prosecution in this case, since Alberto was categorically pointed by the eyewitness, Emerito, as one of the assailants who actively and directly participated in the killing of Ernesto:

Q
Those 2 persons whom you saw and who stabbed your stepfather in the evening of October 23, 1999, if they are now in court, will you be able to identify them?
A
Yes, sir.


Q
Would you please point to those 2 persons?
A
(Witness pointing to the persons who, when asked answered to the name of Alberto Tabarnero and Gary Tabarnero)


Q
What was the position of Alberto Tabarnero in that stabbing incident?
A
He was the one whom I saw stabbed last my stepfather.


x x x x


COURT (TO THE WITNESS):


Q
How many times did you see Gary stabbed your father?
A
I cannot count how many stabs Gary made.


PROS. SANTIAGO:


Q
Was it many times or just once?
A
I cannot count but more than 1.


Q
How about Alberto Tabarnero, how many times did you see him stabbing your stepfather?
A
I cannot count also but he was the last one who stabbed my stepfather.[51]

Having actually participated in the stabbing of Ernesto, it was adequately proven that Alberto is a principal by direct participation.

Even more persuasive is the statement of the victim himself, Ernesto, as testified to by SPO2 Morales, that it was "the father and son, Gary and Alberto Tabarnero from Longos, Bulacan" who stabbed him.[52] While Ernesto was not able to testify in court, his statement is considered admissible under Section 37, Rule 130 of the Rules of Court, which provides:

Sec. 37. Dying declaration. -- The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.

In applying this exception to the hearsay rule, we held as follows:

"It must be shown that a dying declaration was made under a realization by the decedent that his demise or at least, its imminence -- not so much the rapid eventuation of death -- is at hand. This may be proven by the statement of the deceased himself or it may be inferred from the nature and extent of the decedent's wounds, or other relevant circumstances."[53]

In the case at bar, Ernesto had nine stab wounds which caused his death within the next 48 hours. At the time he uttered his statement accusing Gary and Alberto of stabbing him, his body was already very rapidly deteriorating, as shown by his inability to speak and write towards the end of the questioning.

We have considered that a dying declaration is entitled to the highest credence, for no person who knows of his impending death would make a careless or false accusation. When a person is at the point of death, every motive of falsehood is silenced and the mind is induced by the most powerful consideration to speak the truth.[54] It is hard to fathom that Ernesto, very weak as he was and with his body already manifesting an impending demise, would summon every remaining strength he had just to lie about his true assailants, whom he obviously would want to bring to justice.

The killing of Ernesto is qualified by treachery

Emerito had testified that he saw Ernesto being held by two persons, while Gary and Alberto were stabbing him with fan knives:

Q
When you said "lalabas po sana," what do you mean by that?
A
I am at the door and saw what happened.


Q
What did you see?
A
I saw my stepfather being held by two persons and being stabbed.


Q
Will you describe the appearance of your stepfather and the 2 persons whom according to you were stabbing your stepfather at that time?
A
My stepfather is "lupaypay" and he was being stabbed.


Q
When you said "lupaypay," will you describe to this Honorable Court his position and appearance?
A
When I saw my stepfather he was about to fall on the ground.


Q
Could you describe their appearance?
A
They were helping each other in stabbing my grandfather. (sic)


Q
Those two persons whom you saw and who stabbed your stepfather in the evening of October 23, 1999 if they are now in Court, will you be able to identify them?
A
Yes, sir.


Q
Could you please point to those 2 persons?
A
(Witness pointing to the persons who, when asked answered to the name of Alberto Tabarnero and Gary Tabarnero)


Q
What was the position of Alberto Tabarnero in that stabbing incident?
A
He was the one whom I saw stabbed last my stepfather.


Q
What about Gary, what is his position?
A
He was helping in the stabbing.


x x x x



Q
What kind of weapon or instrument were used by Gary and Alberto?
A
Fan knife, sir.


Q
Both of them were armed by a knife?
A
Yes, sir.[55]

From said testimony, it seems uncertain whether Emerito saw the very first stabbing being thrust. Thus, the defense asseverates that since Emerito failed to see how the attack commenced, the qualifying circumstance of treachery cannot be considered, citing People v. Amamangpang,[56] People v. Icalla,[57] and People v. Sambulan.[58] In said three cases, this Court held that treachery cannot be appreciated as the lone eyewitness did not see the commencement of the assault.

Treachery is defined under Article 14(16) of the Revised Penal Code, which provides:

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.

The Solicitor General argues that treachery was amply demonstrated by the restraint upon Ernesto, which effectively rendered him defenseless and unable to effectively repel, much less evade, the assault.[59]

We agree with the Solicitor General.

In the cases cited by the appellants, the eyewitnesses were not able to observe any means, method or form in the execution of the killing which rendered the victim defenseless. In Amamangpang, the first thing the witness saw was the victim already prostrate on the bamboo floor, blood oozing from his neck and about to be struck by the accused. In Icalla, the witnesses merely saw the accused fleeing from the scene of the crime with a knife in his hand. In Sambulan, the witness saw the two accused hacking the victim with a bolo. Since, in these cases, there was no restraint upon the victims or any other circumstance which would have rendered them defenseless, the Court ruled that it should look into the commencement of the attack in order to determine whether the same was done swiftly and unexpectedly. However, the swiftness and unexpectedness of an attack are not the only means by which the defenselessness of the victim can be ensured.

In People v. Montejo,[60] the prosecution witnesses testified that after challenging the victim to a fight, the accused stabbed the victim in the chest while he was held in the arms by the accused and a companion. Not requiring a swift and unexpected commencement to the attack, the Court held:

Thus, there is treachery where the victim was stabbed in a defenseless situation, as when he was being held by the others while he was being stabbed, as the accomplishment of the accused's purpose was ensured without risk to him from any defense the victim may offer [People v. Condemena, G.R. No. L-22426, May 29, 1968, 23 SCRA 910; People v. Lunar, G.R. No. L-15579, May 29, 1972, 45 SCRA 119.] In the instant case, it has been established that the accused-appellant stabbed the victim on the chest while his companions held both of the victim's arms.

In People v. Alvarado,[61] the accused and his companions shouted to the victim: "Lumabas ka kalbo, kung matapang ka." When the victim went out of the house, the accused's companions held the victim's hands while the accused stabbed him. Despite the yelling which should have warned the victim of a possible attack, the mere fact that the accused's companions held the hands of the victim while the accused stabbed him was considered by this Court to constitute alevosia.

We, therefore, rule that the killing of Ernesto was attended by treachery. However, even assuming for the sake of argument that treachery should not be appreciated, the qualifying circumstance of abuse of superior strength would nevertheless qualify the killing to murder. Despite being alleged in the Information, this circumstance was not considered in the trial court as the same is already absorbed in treachery. The act of the accused in stabbing Ernesto while two persons were holding him clearly shows the deliberate use of excessive force out of proportion to the defense available to the person attacked. In People v. Gemoya,[62] we held:

Abuse of superior strength is considered whenever there is a notorious inequality of forces between the victim and the aggressor, assessing a superiority of strength notoriously advantageous for the aggressor which is selected or taken advantage of in the commission of the crime (People vs. Bongadillo, 234 SCRA 233 [1994]). When four armed assailants, two of whom are accused-appellants in this case, gang up on one unarmed victim, it can only be said that excessive force was purposely sought and employed. (Emphasis ours.)

In all, there is no doubt that the offense committed by the accused is murder.

The award of damages should be modified to include civil indemnity ex delito

In the Decision of the RTC convicting Gary and Alberto, it awarded the amount of P55,600.00 as actual damages, P50,000.00 as indemnity for the death of Ernesto, P50,000.00 as moral damages and an unidentified amount as costs of suit.[63] The Court of Appeals modified the RTC Decision by awarding an additional amount of P25,000.00 as exemplary damages on account of the presence of treachery.[64]

The Solicitor General claims that the award of P55,600.00 in actual damages is not proper, considering the lack of receipts supporting the same. However, we held in People v. Torio[65] that:

Ordinarily, receipts should support claims of actual damages, but where the defense does not contest the claim, it should be granted. Accordingly, there being no objection raised by the defense on Alma Paulo's lack of receipts to support her other claims, all the amounts testified to are accepted. (Emphasis supplied.)

In the case at bar, Teresita Acibar's testimony was dispensed with on account of the admission by the defense that she incurred P55,600.00 in relation to the death of Ernesto.[66] This admission by the defense is even more binding to it than a failure on its part to object to the testimony. We therefore sustain the award of actual damages by the RTC, as affirmed by the Court of Appeals.

The Solicitor General likewise alleges that a civil indemnity ex delito in the amount of P50,000.00 should be awarded. Article 2206[67] of the Civil Code authorizes the award of civil indemnity for death caused by a crime. The award of said civil indemnity is mandatory, and is granted to the heirs of the victim without need of proof other than the commission of the crime.[68] However, current jurisprudence have already increased the award of civil indemnity ex delicto to P75,000.00.[69] We, therefore, award this amount to the heirs of Ernesto.

Finally, the Court of Appeals was correct in awarding exemplary damages in the amount of P25,000.00. An aggravating circumstance, whether ordinary or qualifying, should entitle the offended party to an award of exemplary damages within the unbridled meaning of Article 2230[70] of the Civil Code.[71]

WHEREFORE, the Decision of the Court of Appeals in CA-G.R. CR.-H.C. No. 00027 dated April 29, 2005 is hereby AFFIRMED, with the MODIFICATION that appellants Alberto and Gary Tabarnero are further ordered to pay the heirs of Ernesto Canatoy the amount of P75,000.00 as civil indemnity.

SO ORDERED.

Puno, C.J., Chairperson, Carpio Morales, Brion,
* and Villarama, Jr., JJ., concur.

Endnotes:


* Associate Justice Arturo D. Brion was designated to sit as additional member replacing Associate Justice Lucas P. Bersamin per Raffle dated 18 January 2010.

[1] Penned by Associate Justice Andres B. Reyes, Jr. with Associate Justices Lucas P. Bersamin (now a member of this Court) and Celia C. Librea-Leagogo, concurring; rollo, pp. 3-27.

[2] Records, pp. 139-150.

[3] Id. at 2.

[4] Id. at 8-9.

[5] TSN, Aug. 20, 2001, p. 5.

[6] Records, pp. 18-19.

[7] Gary testified that Ernesto was Teresita's husband (TSN, June 4, 2001, p. 4), but Teresita's testimony for the prosecution would later be dispensed with on the admission by the defense that Teresita is Ernesto's common-law wife.

[8] TSN, June 4, 2001, pp. 2-9.

[9] Id. at 9.

[10] Id. at 9-10.

[11] TSN, July 23, 2001, pp. 4-5.

[12] Id. at 5-6.

[13] TSN, August 20, 2001, p. 2; TSN, September 3, 2001, p. 5.

[14] TSN, August 20, 2001, p. 2.

[15] Id. at 3-4.

[16] Id. at 5-11.

[17] TSN, September 3, 2001, pp. 2-4.

[18] Id. at 4-6.

[19] Id. at 7-10.

[20] Id. at 10-11.

[21] TSN, November 5, 2001, p. 2.

[22] Id. at 2.

[23] TSN, October 8, 2001, pp. 2-7.

[24] TSN, November 5, 2001, pp. 2-9.

[25] TSN, December 3, 2001, pp. 2-6.

[26] Exhibit C; records, p. 125.

[27] Id. at 7-13.

[28] TSN, January 7, 2002, pp. 1-4.

[29] Records, p. 145.

[30] Id. at 150.

[31] G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640.

[32] Rollo, p. 2.

[33] Id. at 27.

[34] CA rollo, p. 153.

[35] Id. at 51-52.

[36] Baxinela v. People, G.R. No. 149652, March 24, 2006, 485 SCRA 331, 342.

[37] 466 Phil. 861, 870 (2004).

[38] Baxinela v. People, supra note 36.

[39] Garcia v. Court of Appeals, 441 Phil. 323, 332 (2002).

[40] Baxinela v. People, supra note 36.

[41] People v. De la Cruz, 353 Phil. 363, 381 (1998).

[42] Baxinela v. People, supra note 36.

[43] Senoja v. People, 483 Phil. 716, 724 (2004).

[44] The Court of Appeals and the Solicitor General miscomputed the length of time before Gary surrendered himself.

[45] CA rollo, p. 129.

[46] People v. Saul, 423 Phil. 924, 936 (2001).

[47] 467 Phil. 709, 720-721 (2004).

[48] TSN, Aug. 20, 2001, p. 5.

[49] Records, p. 13.

[50] Id. at 11.

[51] TSN, October 8, 2001, pp. 4-6.

[52] TSN, December 3, 2001, p. 5.

[53] People v. Santos, 337 Phil. 334, 349 (1997).

[54] People v. Lamasan, 451 Phil. 308, 321 (2003).

[55] TSN, October 8, 2001, pp. 4-6.

[56] 353 Phil. 815, 832 (1998).

[57] 406 Phil. 380, 394 (2001).

[58] 352 Phil. 336, 350 (1998).

[59] Rollo, p. 103.

[60] G.R. No. L-68857, November 21, 1988, 167 SCRA 506, 515.

[61] 341 Phil. 725, 737 (1997).

[62] 396 Phil. 213, 221-222 (2000).

[63] Records, p. 150.

[64] CA rollo, p. 147.

[65] 452 Phil. 777, 800 (2003).

[66] Records, p. 145.

[67] Art. 2206. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. In addition:

(1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death;

(2) If the deceased was obliged to give support according to the provisions of Article 291, the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court;

(3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased.

[68] People v. Honor, G.R. No. 175945, April 7, 2009, 584 SCRA 546, 560.

[69] People v. Amodia, G.R. No. 173791, April 7, 2009, 584 SCRA 518, 545; People v. De Guzman, G.R. No. 173477, February 4, 2009, 578 SCRA 54.

[70] Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party.

[71] People v. Catubig, 416 Phil. 102, 120 (2001); see People v. Beltran, Jr., G.R. No. 168051, 27 September 2006, 503 SCRA 715, 741.



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February-2010 Jurisprudence                 

  • [G.R. No. 188002 : February 01, 2010] GOODRICH MANUFACTURING CORPORATION & MR. NILO CHUA GOY, PETITIONERS, VS. EMERLINA ATIVO, LOVITO SEBUANO, MICHAEL FERNANDEZ, JUNIFER· CASAS, ROLANDO ISLA, ELISEO DEL ROSARIO, MARK JON MARTIN, EDISON GAMIDO, WARRY BALINTON, ROBERT RAGO AND ROBERTO MENDOZA, RESPONDENTS.

  • [G.R. No. 187155 : February 01, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MARIANO OFEMIANO ALIAS MANING, ACCUSED-APPELLANT.

  • [G.R. No. 183577 : February 01, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. HILARIO ESCOTON, APPELLANT.

  • [G.R. No. 177361 : February 01, 2010] ARMANDO VIDAR @ "RICKY", NORBERTO BUTALON,(� ) SONNY MARBELLA @ "SPIKE" AND JOHN DOES AND PETER DOES, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 162336 : February 01, 2010] HILARIO P. SORIANO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, BANGKO SENTRAL NG PILIPINAS (BSP), PHILIPPINE DEPOSIT INSURANCE AND CORPORATION (PDIC), PUBLIC PROSECUTOR ANTONIO C. BUAN, AND STATE PROSECUTOR ALBERTO R. FONACIER, RESPONDENTS.[1]

  • [A.M. No. 08-2-107-RTC : February 01, 2010] REQUEST OF JUDGE NIÑO A. BATINGANA, REGIONAL TRIAL COURT, BRANCH 6, MATI, DAVAO ORIENTAL FOR EXTENSION OF TIME TO DECIDE CRIMINAL CASE NO. 4745-05.

  • [A.M. No. P-10-2758 (Formerly OCA IPI No. 08-2957-P) : February 02, 2010] JUDGE DELIA P. NOEL-BERTULFO, MUNICIPAL TRIAL COURT, PALOMPON, LEYTE, COMPLAINANT, VS. DYNDEE P. NU�EZ, COURT AIDE, MUNICIPAL TRIAL COURT, PALOMPON, LEYTE, RESPONDENT.

  • [G.R. No. 185588 : February 02, 2010] PHILIPPINE BRITISH ASSURANCE COMPANY, INC., PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE BUREAU OF CUSTOMS (BOC), RESPONDENT.

  • [G.R. No. 181502 : February 02, 2010] FLORENCIA G. DIAZ, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 181357 : February 02, 2010] MALAYAN EMPLOYEES ASSOCIATION-FFW AND RODOLFO MANGALINO, PETITIONERS, VS. MALAYAN INSURANCE COMPANY, INC., RESPONDENT.

  • [G.R. No. 170365 : February 02, 2010] ABDUL GAFFAR P.M. DIBARATUN, PETITIONER, VS. COMMISSION ON ELECTIONS AND ABDUL CARIM MALA ABUBAKAR, RESPONDENTS.

  • [G.R. No. 170405 : February 02, 2010] RAYMUNDO S. DE LEON, PETITIONER, VS. BENITA T. ONG.[1], RESPONDENT.

  • [G.R. No. 169122 : February 02, 2010] MARCELINO DOMINGO, PETITIONER, VS. COURT OF APPEALS, AGAPITA DOMINGO, ANA DOMINGO, HEIRS OF GAUDENCIO DOMINGO, NAMELY: DOROTEO DOMINGO, JULITA DOMINGO, AMANDO DOMINGO, AND ARCEL DOMINGO; HEIRS OF JULIAN DOMINGO, NAMELY: JULIAN DOMINGO, JR. AND PONCIANO DOMINGO; HEIRS OF EDILBERTA DOMINGO, NAMELY: ANITA DOMINGO AND ROSIE DOMINGO; HEIR OF FELIPE DOMINGO, NAMELY: LORNA DOMINGO; AND HEIRS OF GERONIMO DOMINGO, NAMELY: EMILY DOMINGO AND ARISTON DOMINGO REPRESENTED BY ROLANDO DOMINGO, RESPONDENTS.

  • [G.R. No. 166356 : February 02, 2010] BENEDICTA M. SAMSON AND MARCIAL M. SAMSON, PETITIONERS, PRESENT: VS. HON. JUDGE GERALDINE C. FIEL-MACARAIG, BANK OF THE PHILIPPINE ISLANDS, FAR EAST BANK AND TRUST CO., ATTY. JULIA CECILY COCHING-SOSITO, AND THE REGISTER OF DEEDS FOR MARIKINA CITY, RESPONDENTS.

  • [G.R. No. 165003 : February 02, 2010] THE CITY MAYOR OF BAGUIO AND THE HEAD OF THE DEMOLITION TEAM - ENGR. NAZITA BA�EZ, PETITIONERS, VS. ATTY. BRAIN MASWENG, REGIONAL HEARING OFFICER, NCIP-CAR, THE HEIRS OF JUDITH CARI�O, JACQUELINE CARI�O AND THE HEIRS OF MATEO CARI�O AND BAYOSA ORTEGA,** RESPONDENTS.

  • [G.R. No. 163280 : February 02, 2010] DORIS U. SUNBANUN, PETITIONER, VS. AURORA B. GO, RESPONDENT.

  • [G.R. No. 164860 : February 02, 2010] HILTON HEAVY EQUIPMENT CORPORATION AND PETER LIM, PETITIONERS, VS. ANANIAS P. DY, RESPONDENT.

  • [G.R. No. 157861 : February 02, 2010] BIBIANA FARMS AND MILLS, INC., PETITIONER, VS. ARTURO LADO, RESPONDENT.

  • [G.R. No. 126297 : February 02, 2010] PROFESSIONAL SERVICES, INC., PETITIONER, VS. THE COURT OF APPEALS AND NATIVIDAD AND ENRIQUE AGANA, RESPONDENTS. [G.R. NO. 126467] NATIVIDAD [SUBSTITUTED BY HER CHILDREN MARCELINO AGANA III, ENRIQUE AGANA, JR., EMMA AGANA-ANDAYA, JESUS AGANA AND RAYMUND AGANA] AND ENRIQUE AGANA, PETITIONERS, VS. THE COURT OF APPEALS AND JUAN FUENTES, RESPONDENTS. [G.R. NO. 127590]

  • [G.R. No. 183099 : February 03, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. RACHELLE BALAGAN AND HERMINIA AVILA, APPELLANTS.

  • [G.R. No. 182221 : February 03, 2010] THEMISTOCLES A. SA�O, JR., PETITIONER, VS. COMMISSION ON ELECTIONS, THE MUNICIPAL BOARD OF CANVASSERS OF DULAG, LEYTE, FERDINAND A. SERRANO, IN HIS CAPACITY AS ACTING CHAIRMAN OF THE MUNICIPAL BOARD OF CANVASSERS OF DULAG, LEYTE, AND MANUEL SIA QUE, RESPONDENTS.

  • [G.R. No. 179117 : February 03, 2010] NORTHWEST AIRLINES, INC., PETITIONER, VS. SPOUSES EDWARD J. HESHAN AND NELIA L. HESHAN AND DARA GANESSA L. HESHAN, REPRESENTED BY HER PARENTS EDWARD AND NELIA HESHAN, RESPONDENTS.

  • [G.R. No. 166577 : February 03, 2010] SPOUSES MORRIS CARPO AND SOCORRO CARPO, PETITIONERS, VS. AYALA LAND, INCORPORATED, RESPONDENT.

  • [GR. No. 166536 : February 04, 2010] FLOR MARTINEZ, REPRESENTED BY MACARIO MARTINEZ, AUTHORIZED REPRESENTATIVE AND ATTORNEY-IN-FACT, PETITIONER, VS. ERNESTO G. GARCIA AND EDILBERTO M. BRUA, RESPONDENTS.

  • [G.R. No. 188602 : February 04, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. FORD GUTIERREZ Y DIMAANO, APPELLANT.

  • [G.R. No. 179800 : February 04, 2010] REPUBLIC OF THE PHILIPPINES REPRESENTED BY THE COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. PHILIPPINE AIRLINES, INC. (PAL), RESPONDENT.

  • [G.R. No. 179570 : February 04, 2010] EGAP MADSALI, SAJIRON LAJIM AND MARON LAJIM, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 178908 : February 04, 2010] SPOUSES EULOGIO N. ANTAZO AND NELIA C. ANTAZO, PETITIONERS, VS. LEONIDES DOBLADA, DIOSDADO CELESTRA, LEOPOLDO CELESTRA, FERDINAND CELESTRA, AND ROBERTO DOBLADA, RESPONDENTS.

  • [G.R. No. 176464 : February 04, 2010] EDWARD N. LIM, PETITIONER, VS. MA. CHERYL STA. CRUZ-LIM, RESPONDENT.

  • [G.R. No. 171194 : February 04, 2010] ASIAN TERMINALS, INC., PETITIONER, VS. DAEHAN FIRE AND MARINE INSURANCE CO., LTD., RESPONDENT.

  • [A.C. No. 6593 : February 04, 2010] MAELOTISEA S. GARRIDO, COMPLAINANT, VS. ATTYS. ANGEL E. GARRIDO AND ROMANA P. VALENCIA, RESPONDENTS.

  • [G.R. No. 162924 : February 04, 2010] MID-PASIG LAND DEVELOPMENT CORPORATION, PETITIONER, VS. MARIO TABLANTE, DOING BUSINESS UNDER THE NAME AND STYLE ECRM ENTERPRISES; ROCKLAND CONSTRUCTION COMPANY; LAURIE LITAM; AND MC HOME DEPOT, INC., RESPONDENTS.

  • [G.R. No. 179717 : February 05, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. NIEVA ALBERTO Y DE NIEVA, APPELLANT.

  • [G.R. No. 185614 : February 05, 2010] ANGELITA DELOS REYES FLORES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 183417 : February 05, 2010] MINDANAO TIMES CORPORATION, PETITIONER, VS. MITCHEL R. CONFESOR, RESPONDENT.

  • [G.R. No. 181842 : February 05, 2010] METROPOLITAN BANK AND TRUST CO. AND SOLIDBANK CORPORATION, PETITIONERS, VS. BERNARDITA H. PEREZ, REPRESENTED BY HER ATTORNEY-IN-FACT PATRIA H. PEREZ, RESPONDENT.

  • [G.R. No. 180302 : February 05, 2010] JIMMY ARENO, JR., PETITIONER, VS. SKYCABLE PCC-BAGUIO, RESPONDENT.

  • [G.R. No. 175097 : February 05, 2010] ALLIED BANKING CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 169706 : February 05, 2010] SPOUSES WILLIAM GENATO AND REBECCA GENATO, PETITIONERS, VS. RITA VIOLA, RESPONDENT.

  • [G.R. No. 168785 : February 05, 2010] HERALD BLACK DACASIN, PETITIONER, VS. SHARON DEL MUNDO DACASIN, RESPONDENT.

  • [G.R. No. 161178 : February 05, 2010] ADELA B. DELGADO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND EMMANUEL ANG JARANILLA, RESPONDENTS.

  • [G.R. No. 184434 : February 08, 2010] G.G. SPORTSWEAR MANUFACTURING CORP. AND NARESH K. GIDWANI, PETITIONERS, VS. BANCO DE ORO UNIBANK, INC., PHILIPPINE INVESTMENT ONE (SPV-AMC), INC. AND THE OFFICE OF THE CLERK OF COURT AND EX OFFICIO SHERIFF OF THE REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 133, AS REPRESENTED BY ATTY. ENGRACIO M. ESCASINAS, JR., RESPONDENTS.

  • [G.R. No. 180042 : February 08, 2010] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. IRONCON BUILDERS AND DEVELOPMENT CORPORATION, RESPONDENT.

  • [G.R. No. 178090 : February 08, 2010] PANASONIC COMMUNICATIONS IMAGING CORPORATION OF THE PHILIPPINES (FORMERLY MATSUSHITA BUSINESS MACHINE CORPORATION OF THE PHILIPPINES), PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 172149 : February 08, 2010] SESSION DELIGHTS ICE CREAM AND FAST FOODS, PETITIONER, VS. THE HON. COURT OF APPEALS (SIXTH DIVISION), HON. NATIONAL LABOR RELATIONS COMMISSION (SECOND DIVISION) AND ADONIS ARMENIO M. FLORA, RESPONDENTS.

  • [G.R. No. 169711 : February 08, 2010] HEIRS OF SARAH MARIE PALMA BURGOS, PETITIONERS, VS. COURT OF APPEALS AND JOHNNY CO Y YU, RESPONDENTS.

  • [G.R. No. 175590 : February 09, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FERNANDO VILLAMIN Y SAN JOSE ALIAS ANDOY, ACCUSED-APPELLANT.

  • [A.M. No. P-95-1167 : February 09, 2010] CARMELITA LLEDO, COMPLAINANT, VS. ATTY. CESAR V. LLEDO, BRANCH CLERK OF COURT, REGIONAL TRIAL COURT, BRANCH 94, QUEZON CITY, RESPONDENT.

  • [G.R. No. 165333 : February 09, 2010] REPUBLIC OF THE PHILIPPINES (DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES), PETITIONER, VS. TECHNOLOGICAL ADVOCATES FOR AGRO-FOREST PROGRAMS ASSOCIATION, INC. (TAFPA, INC.), RESPONDENT.

  • [G.R. No. 164118 : February 09, 2010] SARGASSO CONSTRUCTION AND DEVELOPMENT CORPORATION, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION (4TH DIVISION) AND GORGONIO MONGCAL, RESPONDENTS.

  • [G.R. No. 188456 : February 10, 2010] H. HARRY L. ROQUE, JR., JOEL R. BUTUYAN, ROMEL R. BAGARES, ALLAN JONES F. LARDIZABAL, GILBERT T. ANDRES, IMMACULADA D. GARCIA, ERLINDA T. MERCADO, FRANCISCO A. ALCUAZ, MA. AZUCENA P. MACEDA, AND ALVIN A. PETERS, PETITIONERS, VS. COMMISSION ON ELECTIONS, REPRESENTED BY HON. CHAIRMAN JOSE MELO, COMELEC SPECIAL BIDS AND AWARDS COMMITTEE, REPRESENTED BY ITS CHAIRMAN HON. FERDINAND RAFANAN, DEPARTMENT OF BUDGET AND MANAGEMENT, REPRESENTED BY HON. ROLANDO ANDAYA, TOTAL INFORMATION MANAGEMENT CORPORATION AND SMARTMATIC INTERNATIONAL CORPORATION, RESPONDENTS. PETE QUIRINO-QUADRA, PETITIONER-IN-INTERVENTION. SENATE OF THE PHILIPPINES, REPRESENTED BY ITS PRESIDENT, JUAN PONCE ENRILE, MOVANT-INTERVENOR.

  • [G.R. No. 180050 : February 10, 2010] RODOLFO G. NAVARRO, VICTOR F. BERNAL, AND RENE O. MEDINA, PETITIONERS, VS. EXECUTIVE SECRETARY EDUARDO ERMITA, REPRESENTING THE PRESIDENT OF THE PHILIPPINES; SENATE OF THE PHILIPPINES, REPRESENTED BY THE SENATE PRESIDENT; HOUSE OF REPRESENTATIVES, REPRESENTED BY THE HOUSE SPEAKER; GOVERNOR ROBERT ACE S. BARBERS, REPRESENTING THE MOTHER PROVINCE OF SURIGAO DEL NORTE; GOVERNOR GERALDINE ECLEO VILLAROMAN, REPRESENTING THE NEW PROVINCE OF DINAGAT ISLANDS, RESPONDENTS.

  • [A.M. No. P-10-2763 [Formerly OCA IPI No. 09-3056-P] : February 10, 2010] RE: IRREGULARITY IN THE USE OF BUNDY CLOCK BY SOPHIA M. CASTRO AND BABYLIN V. TAYAG, SOCIAL WELFARE OFFICERS II,[1]BOTH OF THE REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, ANGELES CITY.

  • [A.M. No. 2007-02-SC : February 10, 2010] RE: COMPLAINT OF JUDGE ROWENA NIEVES A. TAN FOR LATE REMITTANCE BY THE SUPREME COURT OF HER TERMINAL LEAVE PAY TO GSIS TO APPLY FOR PAYMENT OF HER SALARY LOAN TO SAID AGENCY.

  • [G.R. No. 189466 : February 11, 2010] DARYL GRACE J. ABAYON, PETITIONER, PRESENT: VS. THE HONORABLE HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL, PERFECTO C. LUCABAN, JR., RONYL S. DE LA CRUZ AND AGUSTIN C. DOROGA, RESPONDENTS. [G.R. No. 189506] CONGRESSMAN JOVITO S. PALPARAN, JR., PETITIONER, VS. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL (HRET), DR. REYNALDO LESACA, JR., CRISTINA PALABAY, RENATO M. REYES, JR., ERLINDA CADAPAN, ANTONIO FLORES AND JOSELITO USTAREZ, RESPONDENTS.

  • [A.M. No. MTJ-03-1462 (formerly OCA IPI No. 02-1515-RTJ) : February 11, 2010] JUDGE DOLORES L. ESPA�OL, RTC, BRANCH 90, DASMARI�AS, CAVITE, COMPLAINANT, VS. JUDGE LORINDA B. TOLEDO-MUPAS, MTC, DASMARI�AS CAVITE, RESPONDENT.

  • [G.R. No. 189078 : February 11, 2010] MAYOR VIRGILIO P. VARIAS, PETITIONER, VS. COMMISSION ON ELECTIONS AND JOSE "JOY" D. PE�ANO, RESPONDENTS. D E C I S I O N

  • [G.R. No. 185226 : February 11, 2010] CORAZON M. GREGORIO, AS ADMINISTRATRIX OF THE ESTATE LITIGATED IN THE CASE BELOW, RAMIRO T. MADARANG, AND THE HEIRS OF CASIMIRO R. MADARANG, JR., NAMELY: ESTRELITA L. MADARANG, CONSUELO P. MADARANG, CASIMIRO MADARANG IV, AND JANE MARGARET MADARANG-CRABTREE, PETITIONERS, VS. ATTY. JOSE R. MADARANG AND VICENTE R. MADARANG, RESPONDENTS.

  • [G.R. No. 187683 : February 11, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. VICTORIANO DELA CRUZ Y LORENZO, APPELLANT.

  • [G.R. No. 186640 : February 11, 2010] GEN. ALEXANDER B. YANO, CHIEF OF STAFF, ARMED FORCES OF THE PHILIPPINES, LT. GEN. VICTOR S. IBRADO, COMMANDING GENERAL, PHILIPPINE ARMY, AND MAJ. GEN. RALPH A. VILLANUEVA, COMMANDER, 7TH INFANTRY DIVISION, PHILIPPINE ARMY, PETITIONERS, VS. CLEOFAS SANCHEZ AND MARCIANA MEDINA, RESPONDENTS.

  • [G.R. No. 184740 : February 11, 2010] DENNIS A. B. FUNA, PETITIONER, VS. EXECUTIVE SECRETARY EDUARDO R. ERMITA, OFFICE OF THE PRESIDENT, SEC. LEANDRO R. MENDOZA, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, USEC. MARIA ELENA H. BAUTISTA, IN HER OFFICIAL CAPACITIES AS UNDERSECRETARY OF THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS AND AS OFFICER-IN-CHARGE OF THE MARITIME INDUSTRY AUTHORITY (MARINA), RESPONDENTS.

  • [G.R. No. 184197 : February 11, 2010] RAPID CITY REALTY AND DEVELOPMENT CORPORATION, PETITIONER, VS. ORLANDO VILLA AND LOURDES PAEZ-VILLA,[1] RESPONDENTS.

  • [G.R. No. 181409 : February 11, 2010] INTESTATE ESTATE OF MANOLITA GONZALES VDA. DE CARUNGCONG, REPRESENTED BY MEDIATRIX CARUNGCONG, AS ADMINISTRATRIX, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND WILLIAM SATO, RESPONDENTS.

  • [G.R. Nos. 177857-58 : February 11, 2010] PHILIPPINE COCONUT PRODUCERS FEDERATION, INC. (COCOFED), MANUEL V. DEL ROSARIO, DOMINGO P. ESPINA, SALVADOR P. BALLARES, JOSELITO A. MORALEDA, PAZ M. YASON, VICENTE A. CADIZ, CESARIA DE LUNA TITULAR, AND RAYMUNDO C. DE VILLA, PETITIONERS, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT. JOVITO R. SALONGA, WIGBERTO E. TA�ADA, OSCAR F. SANTOS, ANA THERESIA HONTIVEROS, AND TEOFISTO L. GUINGONA III, OPPOSITORS-INTERVENORS. WIGBERTO E. TA�ADA, OSCAR F. SANTOS, SURIGAO DEL SUR FEDERATION OF AGRICULTURAL COOPERATIVES (SUFAC) AND MORO FARMERS ASSOCIATION OF ZAMBOANGA DEL SUR (MOFAZS), REPRESENTED BY ROMEO C. ROYANDOYAN; AND PAMBANSANG KILUSAN NG MGA SAMAHAN NG MAGSASAKA (PAKISAMA), REPRESENTED BY VICENTE FABE, MOVANTS-INTERVENORS.

  • [G.R. No. 172927 : February 11, 2010] RONILO SORREDA, PETITIONER, VS. CAMBRIDGE ELECTRONICS CORPORATION,[1] RESPONDENT.

  • [G.R. No. 172279 : February 11, 2010] VALENTIN MOVIDO, SUBSTITUTED BY MARGINITO MOVIDO, PETITIONER, VS. LUIS REYES PASTOR, RESPONDENT.

  • [G.R. No. 169190 : February 11, 2010] CUA LAI CHU, CLARO G. CASTRO, AND JUANITA CASTRO, PETITIONERS, VS. HON. HILARIO L. LAQUI, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 218, QUEZON CITY AND PHILIPPINE BANK OF COMMUNICATION, RESPONDENTS.

  • [G.R. No. 164731 : February 11, 2010] GOVERNMENT SERVICE, INSURANCE SYSTEM, PETITIONER, VS. ROSALINDA A. BERNADAS, RESPONDENT.

  • [A.M. No. 08-2-01-0 : February 11, 2010] RE: PETITION FOR RECOGNITION OF THE EXEMPTION OF THE GOVERNMENT SERVICE INSURANCE SYSTEM FROM PAYMENT OF LEGAL FEES. GOVERNMENT SERVICE INSURANCE SYSTEM, PETITIONER.

  • [G.R. No. 190156 : February 12, 2010] LEONOR DANGAN-CORRAL, PETITIONER, VS. COMMISSION ON ELECTIONS AND ERNESTO ENERO FERNANDEZ, RESPONDENTS.

  • [G.R. No. 180945 : February 12, 2010] PHILIPPINE NATIONAL BANK, AS THE ATTORNEY-IN-FACT OF OPAL PORTFOLIO INVESTMENTS (SPV-AMC), INC., PETITIONER, VS. MERCEDES CORPUZ, REPRESENTED BY HER ATTORNEY-IN-FACT VALENTINA CORPUZ, RESPONDENT.

  • [G.R. Nos. 174599-609 : February 12, 2010] PACIFICO R. CRUZ, PETITIONER, VS. THE SANDIGANBAYAN (FOURTH DIVISION), OFFICE OF THE OMBUDSMAN, OFFICE OF THE SPECIAL PROSECUTOR AND SPECIAL PRESIDENTIAL TASK FORCE 156, RESPONDENTS.

  • [G.R. No. 171774 : February 12, 2010] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. APOLINARIO CATARROJA, REYNALDO CATARROJA, AND ROSITA CATARROJA-DISTRITO, RESPONDENTS.

  • [G.R. No. 168967 : February 12, 2010] CITY OF ILOILO REPRESENTED BY HON. JERRY P. TRE�AS, CITY MAYOR, PETITIONER, VS. HON. LOLITA CONTRERAS-BESANA, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 32, AND ELPIDIO JAVELLANA, RESPONDENTS.

  • [G.R. No. 158385 : February 12, 2010] MODESTO PALALI, PETITIONER, VS. JULIET AWISAN, REPRESENTED BY HER ATTORNEY-IN-FACT GREGORIO AWISAN, RESPONDENT.

  • [G.R. No. 187120 : February 15, 2010] PHILIPPINE JOURNALISTS, INC., PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION, LABOR ARBITER FEDRIEL S. PANGANIBAN AND EDUARDO S. RIVERA, RESPONDENTS.

  • [G.R. No. 188669 : February 16, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ILDEFONSO MENDOZA Y BERIZO, APPELLANT.

  • [G.R. No. 177747 : February 16, 2010] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. IGNACIO PORAS, ACCUSED-APPELLANT.

  • [A.M. No. P-09-2721 (Formerly A.M. No. 09-9-162-MCTC) : February 16, 2010] REPORT ON THE FINANCIAL AUDIT CONDUCTED ON THE BOOKS OF ACCOUNTS OF THE MUNICIPAL CIRCUIT TRIAL COURT, MONDRAGON-SAN ROQUE, NORTHERN SAMAR.

  • [A.M. NO. P-10-2772 (Formerly A.M. OCA I.P.I NO. 07-2615-P) : February 16, 2010] DOMINGO PE�A, JR., COMPLAINANT, VS. ACHILLES ANDREW V. REGALADO II, SHERIFF IV, REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, NAGA CITY, RESPONDENT.

  • [G.R. No. 188920 : February 16, 2010] JOSE L. ATIENZA, JR., MATIAS V. DEFENSOR, JR., RODOLFO G. VALENCIA, DANILO E. SUAREZ, SOLOMON R. CHUNGALAO, SALVACION ZALDIVAR-PEREZ, HARLIN CAST-ABAYON, MELVIN G. MACUSI AND ELEAZAR P. QUINTO, PETITIONERS, VS. COMMISSION ON ELECTIONS, MANUEL A. ROXAS II, FRANKLIN M. DRILON AND J.R. NEREUS O. ACOSTA, RESPONDENTS.

  • [G.R. No. 188353 : February 16, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. LEOZAR DELA CRUZ Y BALOBAL, ACCUSED-APPELLANT.

  • [G.R. No. 185954 : February 16, 2010] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. MAXIMO D. SISON, RESPONDENT.

  • [G.R. No. 182498 : February 16, 2010] GEN. AVELINO I. RAZON, JR., CHIEF, PHILIPPINE NATIONAL POLICE (PNP); POLICE CHIEF SUPERINTENDENT RAUL CASTA�EDA, CHIEF, CRIMINAL INVESTIGATION AND DETECTION GROUP (CIDG); POLICE SENIOR SUPERINTENDENT LEONARDO A. ESPINA, CHIEF, POLICE ANTI-CRIME AND EMERGENCY RESPONSE (PACER); AND GEN. JOEL R. GOLTIAO, REGIONAL DIRECTOR OF ARMM, PNP, PETITIONERS, VS. MARY JEAN B. TAGITIS, HEREIN REPRESENTED BY ATTY. FELIPE P. ARCILLA, JR., ATTORNEY-IN-FACT, RESPONDENT.

  • [G.R. No. 180356 : February 16, 2010] SOUTH AFRICAN AIRWAYS, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 179702 : February 16, 2010] ROLANDO P. ANCHETA, PETITIONER, VS. DESTINY FINANCIAL PLANS, INC. AND ARSENIO BARTOLOME, RESPONDENTS.

  • [G.R. No. 170864 : February 16, 2010] NELSON LAGAZO, PETITIONER, VS. GERALD B. SORIANO AND GALILEO B. SORIANO, RESPONDENTS.

  • [G.R. No. 168644 : February 16, 2010] BSB GROUP, INC., REPRESENTED BY ITS PRESIDENT, MR. RICARDO BANGAYAN, PETITIONER, VS. SALLY GO A.K.A. SALLY GO-BANGAYAN, RESPONDENT.

  • [G.R. No. 166869 : February 16, 2010] PHILIPPINE HAWK CORPORATION, PETITIONER, VS. VIVIAN TAN LEE, RESPONDENT.

  • [G.R. No. 165377 : February 16, 2010] LOLITA REYES DOING BUSINESS UNDER THE NAME AND STYLE, SOLID BROTHERS WEST MARKETING, PETITIONER, VS. CENTURY CANNING CORPORATION, RESPONDENT.

  • [G.R. No. 156287 : February 16, 2010] FELICITAS M. MACHADO AND MARCELINO P. MACHADO, PETITIONERS, VS. RICARDO L. GATDULA, COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS, AND IRINEO S. PAZ, SHERIFF IV, OFFICE OF THE PROVINCIAL SHERIFF, SAN PEDRO, LAGUNA, RESPONDENTS.

  • [G.R. No. 190526 : February 17, 2010] SANDRA Y. ERIGUEL, PETITIONER, VS. COMMISSION ON ELECTIONS AND MA. THERESA DUMPIT-MICHELENA, RESPONDENTS.

  • [G.R. No. 173289 : February 17, 2010] ELAND PHILIPPINES, INC., PETITIONER, VS. AZUCENA GARCIA, ELINO FAJARDO, AND HEIR OF TIBURCIO MALABANAN NAMED TERESA MALABANAN, RESPONDENTS.

  • [G.R. No. 169195 : February 17, 2010] FRANCISCO APARIS Y SANTOS, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 181809 : February 17, 2010] ROSE MARIE D. DOROMAL, PETITIONER, VS. HERNAN G. BIRON AND COMMISSION ON ELECTIONS, RESPONDENTS.

  • [G.R. No. 173165 : February 17, 2010] ATTY. LUCKY M. DAMASEN, PETITIONER, VS. OSCAR G. TUMAMAO, RESPONDENT.

  • [G.R. No. 171231 : February 17, 2010] PNCC SKYWAY TRAFFIC MANAGEMENT AND SECURITY DIVISION WORKERS ORGANIZATION (PSTMSDWO), REPRESENTED BY ITS PRESIDENT, RENE SORIANO, PETITIONER, VS. PNCC SKYWAY CORPORATION, RESPONDENT.

  • [A.M. No. 05-8-463-RTC : February 17, 2010] REQUEST OF JUDGE NIÑO A. BATINGANA, REGIONAL TRIAL COURT, BRANCH 6, MATI, DAVAO ORIENTAL FOR EXTENSION OF TIME TO DECIDE CIVIL CASES NOS. 2063 AND 1756

  • [G.R. No. 176707 : February 17, 2010] ARLIN B. OBIASCA, [1] PETITIONER, VS. JEANE O. BASALLOTE, RESPONDENT.

  • [G.R. No. 185709 : February 18, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. MICHAEL A. HIPONA, APPELLANT.

  • [G.R. No. 183871 : February 18, 2010] LOURDES D. RUBRICO, JEAN RUBRICO APRUEBO, AND MARY JOY RUBRICO CARBONEL, PETITIONERS, VS. GLORIA MACAPAGAL-ARROYO, GEN. HERMOGENES ESPERON, P/DIR. GEN. AVELINO RAZON, MAJ. DARWIN SY A.K.A. DARWIN REYES, JIMMY SANTANA, RUBEN ALFARO, CAPT. ANGELO CUARESMA, A CERTAIN JONATHAN, P/SUPT. EDGAR B. ROQUERO, ARSENIO C. GOMEZ, AND OFFICE OF THE OMBUDSMAN, RESPONDENTS.

  • [G.R. No. 180123 : February 18, 2010] KULAS IDEAS & CREATIONS, GIL FRANCIS MANINGO AND MA. RACHEL MANINGO, PETITIONERS, VS. JULIET ALCOSEBA AND FLORDELINDA ARAO-ARAO, RESPONDENTS.

  • [G.R. No. 174237 : February 18, 2010] TERESITA L. ARAOS, CORAZON L. BALAGBIS, ROBERTO B. BAUTISTA, MARITA S. BELTRAN, RAUL A. CASIANO, HIDELZA B. CASTILLO, ELEONORA CINCO, MAY CATHERINE C. CIRIACO, ERLINDA G. DEL ROSARIO, AMELITA C. DELA TORRE, ALMA R. FAUSTO, ANTONETTE L. FERNANDEZ, CORITA M. GADUANG, VIRGINIA E. GALLARDE, MA. LUZ C. GENEROSO, MA. TERESA C. IGNACIO, EDDIE A. JARA, JOSIE MAGANA, ANTONIO G. MARALIT, NANCIANCINO L. MONREAL, MARIBEL D. ORTIZ, ALAN GENE O. PADILLA, JESUS C. PAJARILLO, MIGUEL E. ROCA JR., EDGAR M. SANDALO, AGNES E. SAN JOSE, EVELYN P. SAAYON, JUDY FRANCES A. SEE, MARIO R. SIBUCAO, CARMEN O. SORIANO, AND ARNOLD A. TOLENTINO, PETITIONERS, VS. HON. LEA REGALA, PRESIDING JUDGE, RTC, BRANCH 226, QUEZON CITY AND SOCIAL SECURITY SYSTEM (SSS), RESPONDENTS.

  • [G.R. No. 166579 : February 18, 2010] JORDAN CHAN PAZ, PETITIONER, VS. JEANICE PAVON PAZ, RESPONDENT.

  • [G.R. No. 174570 : February 20, 2010] ROMER SY TAN, PETITIONER, VS. SY TIONG GUE, FELICIDAD CHAN SY, SY CHIM, SY TIONG SAN, SY YU BUN, SY YU SHIONG, SY YU SAN AND BRYAN SY LIM, RESPONDENTS.

  • [G.R. No. 189698 : February 22, 2010] ELEAZAR P. QUINTO AND GERINO A. TOLENTINO, JR., PETITIONERS, VS. COMMISSION ON ELECTIONS, RESPONDENT.

  • [G.R. No. 184546 : February 22, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. WILSON SUAN Y JOLONGON, APPELLANT.

  • [G.R. No. 177100 : February 22, 2010] BANDILA SHIPPING, INC., MR. REGINALDO A. OBEN, BANDILA SHIPPING, INC. AND FUYOH SHIPPING, INC., PETITIONERS, VS. MARCOS C. ABALOS, RESPONDENT.

  • [G.R. No. 173915 : February 22, 2010] IRENE SANTE AND REYNALDO SANTE, PETITIONERS, VS. HON. EDILBERTO T. CLARAVALL, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 60, REGIONAL TRIAL COURT OF BAGUIO CITY, AND VITA N. KALASHIAN, RESPONDENTS.

  • [A.M. No. CA-08-45-J (Formerly OCA IPI No. 08-130-CA-J) : February 22, 2010] ATTY. DENNIS V. NI�O, COMPLAINANT, VS. JUSTICE NORMANDIE B. PIZARRO, RESPONDENT.

  • [G.R. No. 169481 : February 22, 2010] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. HEIRS OF JULIO RAMOS, REPRESENTED BY REYNALDO RAMOS MEDINA, ZENAIDA RAMOS MEDINA, DOLORES RAMOS MEDINA, ROMEO RAMOS AND MEDINA, VIRGIE RAMOS MEDINA, HERMINIA RAMOS MEDINA, CESAR RAMOS MEDINA AND REMEDIOS RAMOS MEDINA, RESPONDENTS.

  • [G.R. No. 182299 : February 22, 2010] WILFREDO M. BARON, BARRY ANTHONY BARON, RAMIL CAYAGO, DOMINADOR GEMINO, ARISTEO PUZON, BERNARD MANGSAT, MARIFE BALLESCA, CYNTHIA JUNATAS, LOURDES RABAGO, JEFFERSON DELA ROSA AND JOMAR M. DELA ROSA, PETITIONERS, VS. NATIONAL LABOR RELATIONS COMMISSION AND MAGIC SALES, INC. REPRESENTED BY JOSE Y. SY, RESPONDENTS.

  • [G.R. No. 168169 : February 24, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALBERTO TABARNERO AND GARY TABARNERO, ACCUSED-APPELLANTS.

  • [G.R. No. 188671 : February 24, 2010] MOZART P. PANLAQUI, PETITIONER, VS. COMMISSION ON ELECTIONS AND NARDO M. VELASCO, RESPONDENTS.

  • [G.R. No. 187070 : February 24, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROLANDO TAMAYO Y TENA, ACCUSED-APPELLANT.

  • [G.R. No. 183507 : February 24, 2010] OFFICE OF THE OMBUDSMAN (MINDANAO), PETITIONER, VS. ASTERIA E. CRUZABRA, RESPONDENT.

  • [G.R. No. 183063 : February 24, 2010] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. CAYETANO L. SERRANO,[1] AND HEIRS OF CATALINO M. ALAAN, REPRESENTED BY PAULITA P. ALAAN, RESPONDENTS.

  • [G.R. Nos. 182382-83 : February 24, 2010] JAIME S. DOMDOM, PETITIONER, VS. HON. THIRD AND FIFTH DIVISIONS OF THE SANDIGANBAYAN, COMMISSION ON AUDIT AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [A.C. No. 8158 : February 24, 2010] ATTY. ELMER C. SOLIDON, COMPLAINANT, VS. ATTY. RAMIL E. MACALALAD, RESPONDENT.

  • [G.R. No. 148306 : February 24, 2010] TERESITA DE MESA REFORZADO, PETITIONER, VS. SPOUSES NAZARIO C. LOPEZ AND PRECILA LOPEZ, RESPONDENTS.

  • [G.R. No. 175241 : February 24, 2010] INTEGRATED BAR OF THE PHILIPPINES REPRESENTED BY ITS NATIONAL PRESIDENT, JOSE ANSELMO I. CADIZ, H. HARRY L. ROQUE, AND JOEL RUIZ BUTUYAN, PETITIONERS, VS. HONORABLE MANILA MAYOR JOSE "LITO" ATIENZA, RESPONDENT.

  • [G.R. No. 184398 : February 25, 2010] SILKAIR (SINGAPORE) PTE. LTD., PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 176625 : February 25, 2010] MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY AND AIR TRANSPORTATION OFFICE, PETITIONERS, VS. BERNARDO L. LOZADA, SR., AND THE HEIRS OF ROSARIO MERCADO, NAMELY, VICENTE LOZADA, MARIO M. LOZADA, MARCIA L. GODINEZ, VIRGINIA L. FLORES, BERNARDO LOZADA, JR., DOLORES GACASAN, SOCORRO CAFARO AND ROSARIO LOZADA, REPRESENTED BY MARCIA LOZADA GODINEZ, RESPONDENTS.

  • [G.R. No. 169467 : February 25, 2010] ALFREDO P. PACIS AND CLEOPATRA D. PACIS, PETITIONERS, VS. JEROME JOVANNE MORALES, RESPONDENT.

  • [G.R. No. 167139 : February 25, 2010] SUSIE CHAN-TAN, PETITIONER, VS. JESSE C. TAN, RESPONDENT.

  • [G.R. No. 162218 : February 25, 2010] METROPOLITAN BANK AND TRUST COMPANY, PETITIONER, VS. EDGARDO D. VIRAY, RESPONDENT.

  • [A.M. No. 07-6-6-SC : February 26, 2010] RE: NON-OBSERVANCE BY ATTY. EDEN T. CANDELARIA, CHIEF OF ADMINISTRATIVE SERVICES (OAS), OF EN BANC RESOLUTION A.M. NO. 05-9-29-SC DATED SEPTEMBER 27, 2005 AND EN BANC RULING IN OFFICE OF OMBUDSMAN V. CIVIL SERVICE COMMISSION (G.R. NO. 159940 DATED FEBRUARY 16, 2005),

  • [G.R. No. 183505 : February 26, 2010] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. SM PRIME HOLDINGS, INC. AND FIRST ASIA REALTY DEVELOPMENT CORPORATION, RESPONDENTS.

  • [G.R. No. 184286 : February 26, 2010] MAYOR JOSE MARQUEZ LISBOA PANLILIO, PETITIONER, VS. COMMISSION ON ELECTIONS AND SAMUEL ARCEO DE JESUS, SR., RESPONDENTS.

  • [A.M. No. 2009-23-SC : February 26, 2010] RE: SMOKING AT THE FIRE EXIT AREA AT THE BACK OF THE PUBLIC INFORMATION OFFICE

  • [G.R. No. 173472 : February 26, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ELMER PERALTA Y DE GUZMAN ALIAS "MEMENG", APPELLANT.

  • [G.R. No. 167415 : February 26, 2010] ATTY. MANGONTAWAR M. GUBAT, PETITIONER, VS. NATIONAL POWER CORPORATION, RESPONDENT.

  • [G.R. No. 165922 : February 26, 2010] BAGUIO MARKET VENDORS MULTI-PURPOSE COOPERATIVE (BAMARVEMPCO), REPRESENTED BY RECTO INSO, OPERATIONS MANAGER, PETITIONER, VS. HON. ILUMINADA CABATO-CORTES, EXECUTIVE JUDGE, REGIONAL TRIAL COURT, BAGUIO CITY, RESPONDENT.

  • [G.R. No. 164141 : February 26, 2010] TIGER CONSTRUCTION AND DEVELOPMENT CORPORATION, PETITIONER, VS. REYNALDO ABAY, RODOLFO ARCENAL, ROLANDO ARCENAL, PEDRO BALANA, JESUS DEL AYRE, ARNEL EBALE, ARNEL FRAGA, ANGEL MARA�O, METHODEO SOTERIO, MANUEL TAROMA, PIO ZETA, ISAIAS JAMILIANO, ARNALDO RIVERO, NOEL JAMILIANO JOEL ARTITA, DANIEL DECENA, ZENAIDA LAZALA, RONNIE RIVERO, RAMON ABAY, JOSE ABAY, HECTOR ABAY, EDISON ABAIS, DIOGENES ARTITA, FLORENTINO B. ARTITA, ROLANDO ANTONIO, JERRY ARA�A, MAXIMENO M. BARRA, ARMANDO BAJAMUNDI, DANIEL BARRION, RENANTE BOALOY, ROLANDO BONOAN, FRANCISCO BAUTISTA, NOEL BENAUAN, EDGARDO BOALOY, REYNALDO BONOAN, DIONISIO BOSQUILLOS, ROGELIO B. COPINO, JR., RONNIE DELOS SANTOS, FELIX DE SILVA, REYNALDO LASALA, LARRY LEVANTINO, DOMINGO LOLINO, ROSALIO LOLINO, PERFECTO MACARIO, ROLANDO MALLANTA, ANASTACIO MARAVILLA, ROSARIO MARBELLA, GILBERTO MATUBIS, RODEL MORILLO, LORENZO PAGLINAWAN, JOSE PANES, RUBEN PANES, MATEO PANTELA, SANTOS SALIRE, GERMAN TALAGTAG, HILARIO TONAMOR, JESUS TAMAYO, JOSE TRANQUILO, EDISON VATERO, AND ROBERTO VERGARA, RESPONDENTS.