Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2013 > July 2013 Decisions > G.R. No. 192179, July 03, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LITO HATSERO, Accused-Appellant. :




G.R. No. 192179, July 03, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LITO HATSERO, Accused-Appellant.

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

G.R. No. 192179, July 03, 2013

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LITO HATSERO, Accused-Appellant.

D E C I S I O N

LEONARDO-DE CASTRO, J.:

 

This is an Appeal from the Decision1 dated June 22, 2009 of the Court of Appeals in CA-G.R. CEB-CR-H.C. No. 00690, which affirmed with modification the Decision2 of the Regional Trial Court (RTC), Branch 17 of Roxas City finding accused-appellant Lito Hatsero guilty beyond reasonable doubt of the crime of murder.

Accused-appellant Hatsero was charged with the crime of murder qualified by treachery in an Information dated March 14, 2001. He entered a plea of not guilty to the offense charged. Trial thereafter ensued, with the prosecution presenting the alleged eyewitness Alex Barroa; the victim�s widow, Nimfa Gravo; and Pilar, Capiz Municipal Health Officer Dr. Ramon Nolasco, Jr. The defense, on the other hand, presented accused-appellant himself, as well as Robinson Benigla, the Barangay Captain of Bgy. Dulangan, Pilar, Capiz at the time of the incident.

Thirty-eight-year old truck driver Alex Barroa testified that the victim, Mamerto Gravo, was the first cousin of his wife. He knew accused-appellant Hatsero as a hauler or �pakyador� of sugarcane in their place.

On August 27, 2000, at 12:30 a.m., Barroa was with Gravo, celebrating the barangay fiesta at the dance hall of Sitio Tunga, Barangay Dulangan, Pilar, Capiz. Barroa and Gravo were about to go home when they passed by a group drinking behind the dance hall, in front of the store of a certain Yulo. He recognized accused-appellant Hatsero as one of the drinkers, but failed to recognize his companion who was seated in a dark place. Accused-appellant Hatsero invited Gravo to have a drink. While Gravo was holding the glass, accused-appellant Hatsero stabbed him, and ran towards the store. Gravo was not armed when this happened. Barroa saw everything since he was only about 58 inches away from them. Barroa was stunned with what he saw, but he managed to run towards the door of the gate of the dance hall, where he got people to help him bring Gravo via a tricycle to the Bailan District Hospital. Barroa then had the incident recorded with the Barangay Captain.3

Nimfa Gravo, the widow of the victim, knew the accused-appellant as a worker in a cane field. She was at home when her husband was killed, and was merely informed of the incident by her neighbor, Eva Fuentes. She immediately ran to the dance hall, but her husband had been carried to the hospital when she arrived at the scene. She spent P15,000.00 at the funeral parlor and presented the receipt as evidence. She actually spent P100,000.00 in funeral expenses, but claimed that she no longer had the receipts. At the time of his death, her husband was 51 years old, in good health, and was continuously employed.4

Dr. Ramon Nolasco, Jr., the Municipal Health Officer of Pilar, Capiz, was not the one who conducted the post-mortem examination of Mamerto Gravo, but was presented in lieu of Dr. Freddie Bucayan, who was already in the United States and no longer connected with the office. He acknowledged that the Municipal Health Office conducted the post-mortem examination of Mamerto Gravo, based on the Medical Certificate issued by Dr. Bucayan and the Post-mortem Examination Report.5

According to said documents, Gravo sustained two wounds. The first was around 3.3 centimeters in length, 8 centimeters wide, and 6.4 centimeters deep. It had clean cut edges and clotted blood around it. The wound was located at the right armpit, stretching down Gravo�s right side and back. The point of entry was at the back of the body. The weapon used, which was pointed and probably bladed, hit the lungs and the blood vessels of the lungs. The second wound was located at the right side of the thorax, and was also fatal. The cause of death was cardio-pulmonary arrest arising from hemorrhagic shock secondary to injury of the lungs.6

Accused-appellant Lito Hatsero was 33 years old at the time of his testimony. He was a lumberjack chainsaw operator. He testified that he was sleeping in his house at around 12:30 a.m., on August 27, 2000. Earlier in the evening, however, he went with his children to the dance hall. He asserted that he left the dance hall at around 10:00 p.m., denied having killed Mamerto Gravo, and believed that he was implicated because he refused Mamerto Gravo�s wife�s request to be a witness when she asked him to pinpoint the real killer. He denied knowing Alex Barroa, and claimed that the latter�s testimony is incredible as he was wrong as regards the number of wounds inflicted.7

Robinson Benigla,8 a fisherman, was the Barangay Captain of Brgy. Dulangan, Pilar, Capiz at the time of the incident. He denied receiving any report of the killing of Mamerto Gravo and thus did not cause a blotter of the same. He attested that there was no record of the killing in the barangay. He claimed that he did not meet Alex Barroa early in the morning of August 28, 2000.9

On August 22, 2006, the trial court rendered its Decision convicting accused-appellant Hatsero of the crime of murder. The dispositive portion of the Decision is as follows:cralavvonlinelawlibrary

WHEREFORE, premises considered, accused Lito Hatsero is hereby found guilty beyond reasonable doubt of the crime of murder and he is sentenced to suffer the penalty of reclusion perpetua and to indemnify the heirs of the deceased in the sum of Fifty Thousand Pesos (P50,000.00), with subsidiary imprisonment in case of insolvency, and the sum of Sixty Thousand Pesos (P60,000.000) for funeral and hospital expenses.10

The trial court held that the accused-appellant was positively identified as the assailant, that the eyewitness account was categorical and consistent, and that there was no showing of ill motive on the part of the prosecution witnesses. The defense, on the other hand, failed to conclusively establish that it was physically impossible for the accused-appellant to be at the scene of the crime at the approximate time of its commission.11

Accused-appellant Hatsero elevated the case to the Court of Appeals which rendered its Decision affirming the conviction, to wit:cralavvonlinelawlibrary

WHEREFORE, the decision of the Regional Trial Court, Branch 17 of Roxas City dated August 22, 2006, finding accused-appellant Lito Hatsero guilty beyond reasonable doubt of the crime of Murder and sentencing him to suffer the penalty of reclusion perpetua is hereby AFFIRMED with the MODIFICATION as to the amount of damages only. Accused-appellant should indemnify the heirs of the victim the following amount[s]: (i) Fifteen Thousand Pesos (P15,000.00) as actual damages; (ii) Fifty Thousand Pesos (P50,000.00) as civil indemnity for the death of the victim; and (iii) Twenty[-]Five Thousand Pesos (P25,000.00) as exemplary damages.12

The Court of Appeals agreed with the assessment of the trial court that Alex Barroa described the stabbing incident in a clear and convincing manner. The disparities between the testimonies of Barroa and Dr. Nolasco do not make Barroa�s testimony less credible since Barroa fled the scene after the first stabbing, and may have merely failed to witness a second one. The Court of Appeals likewise reiterated that the defense failed to prove that Barroa was moved by any improper motive, giving rise to the presumption that his testimony is entitled to full faith and credit.13

The Court of Appeals, however, modified the civil damages as follows: (1) the award of P60,000.00 for funeral and hospital expenses was reduced to P15,000.00, the amount duly substantiated by a receipt; (2) accused-appellant was ordered additionally liable for the amount of P50,000.00 as indemnity for the death of Mamerto Gravo; and (3) accused-appellant was also made additionally liable for the amount of P25,000.00 as exemplary damages.

Accused-appellant appealed to this Court through a Notice of Appeal.14 On February 22, 2010, accused-appellant filed a Manifestation15 stating that he will no longer file a supplemental brief as all relevant matters have already been taken up in his Appellant�s Brief with the Court of Appeals, thus bringing before us the same assignment of error:cralavvonlinelawlibrary

THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED FOR THE CRIME OF MURDER DESPITE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.16

Accused-appellant�s bone of contention is that the testimony of the lone eyewitness, Alex Barroa, is glaring with contradictions. Specifically, accused-appellant points out the following: (1) while the testimony of Barroa only indicated that there was one wound inflicted, the medical examination showed that there were two fatal wounds found in the body of Mamerto Gravo; (2) Barroa claimed that he saw Mamerto Gravo get stabbed on his left armpit, but the medical examination showed that the wounds were inflicted at the right side of his body; (3) Barroa claimed that accused-appellant used an icepick to stab Mamerto Gravo, but the medical examination yielded that the first wound was caused by a pointed and probably bladed instrument, while the second wound was caused by a bladed instrument which may be different from the first; and (4) Dr. Nolasco admitted that there was a possibility that there were two assailants.

Upon careful examination of the records of the case, we agree with the Court of Appeals that these alleged contradictions refer only to irrelevant and collateral matters, and have nothing to do with the elements of the crime charged and proven. As observed by the Court of Appeals, Barroa, in shock, fled the scene after the first stabbing, and may have merely failed to see a second one, possibly inflicted by accused-appellant�s companion. Even if this were the case, accused-appellant cannot escape from criminal liability from the death of Mamerto Gravo. It is clear from the records that both wounds were fatal (since vital organs were hit) and that accused-appellant inflicted the first stab wound. This first stab wound caused the death of Mamerto Gravo, even in the absence of a second wound.

Considering the shock experienced by Alex Barroa when he saw the victim getting stabbed by a person who, just moments before, appeared to have made a friendly offer of a drink, we cannot fault Barroa for failing to observe the exact part of the body where the icepick of accused-appellant hit Mamerto Gravo. Barroa specified that he was stunned by what he saw, and ran towards the gate of the dance hall, while accused-appellant ran towards the store of Yulo.17 In such confusion, it is understandable that he was not able to take an immediate second look to verify what he saw. What is important is that he positively identified accused-appellant as the person who stabbed Mamerto Gravo after handing him a drink.

In the face of this positive identification, accused-appellant puts up the defense of alibi, claiming that he was sleeping in his house at the time of the incident. It has been consistently held by this Court that, for the defense of alibi to prosper, the accused must prove not only that he was at some other place at the time of the commission of the crime, but also that it was physically impossible for him to be at the locus delicti or within its immediate vicinity.18 In the case of accused-appellant, however, it was established in his very own direct testimony that his house is within the immediate vicinity of the scene of the crime:cralavvonlinelawlibrary

Q     Where were you when the incident happened on August 27, 2000 on or about 12:30 in the morning?

A     I was in my house.

Q     Is it not a fact that your house is near the dance hall when Mamerto Gravo was hit?

A    Yes, sir.

Q     Since there was a benefit dance near your house, you did not enter the benefit dance?

A     Earlier that night, I was there in the dance hall but at about 10:00 in the evening, I went up my house bringing along my child.19

Alibi is an inherently weak defense because it is easy to fabricate and highly unreliable. In the case at bar, it is even weaker because of the failure of the accused-appellant to prove that it was physically impossible for him to be at the locus delicti at the time of the crime, and in the face of the positive identification made by Alex Barroa.20

Furthermore, we have time and again ruled that factual findings of the trial court, especially those affirmed by the Court of Appeals, are conclusive on this Court when supported by the evidence on record.21

Accused-appellant also assails the finding that treachery attended the killing of Mamerto Gravo. According to accused-appellant, it was not established that he consciously and deliberately used the icepick in killing the victim in such a way as to insure his safety from any retaliation or that the attack was sudden as to give the victim no opportunity to defend himself.22

We disagree. We have held that �[t]he essence of treachery is that the attack is deliberate and without warning, done in a swift and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or escape.�23 The manner Mamerto Gravo was stabbed by accused-appellant has treachery written all over it. We cannot think of any other reason accused-appellant would make the friendly gesture of offering a drink to a person he intended to kill, other than to intentionally lure the latter into a false sense of security.

In all, we find no cogent reason to overturn the factual findings of the appellate court. However, civil liabilities awarded by the Court of Appeals require modification in accordance with prevailing jurisprudence. It is settled that when death occurs due to a crime, the following may be recovered: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney�s fees and expenses of litigation; and (6) interest, in proper cases.24 Since there was no award of moral damages in the lower courts, we hereby hold accused-appellant Hatsero additionally liable for the amount of P50,000.00 in moral damages pursuant to the Decision of this Court in People v. Malicdem.25 Likewise in accordance to the amounts awarded in Malicdem, where the accused was similarly convicted of the crime of murder qualified by treachery, the Court modifies the amount of civil indemnity and exemplary damages to P75,000.00 and P30,000.00, respectively. Furthermore, since the receipted expenses of the victim�s family was less than P25,000.00, temperate damages in said amount should be awarded in lieu of actual damages.26

Finally, all monetary awards should earn interest in conformity with current jurisprudence.

WHEREFORE, the Decision of the Court of Appeals on June 22, 2009 in CA-G.R. CEB-CR-H.C. No. 00690, which affirmed with modification the Decision of the Regional Trial Court of Roxas City finding accused-appellant Lito Hatsero GUILTY beyond reasonable doubt of the crime of Murder, is hereby AFFIRMED with MODIFICATION that accused-appellant Lito Hatsero is further ORDERED to pay the heirs of Mamerto Gravo the amounts of P75,000.00 as civil indemnity, P30,000.00 as exemplary damages, P50,000.00 as moral damages, and P25,000.00 as temperate damages, plus interest at the legal rate of six percent (6%) per annum on all the amounts of damages awarded, commencing from the date of finality of this Decision until fully paid.

Costs on accused-appellant Lito Hatsero.

SO ORDERED.

Sereno, C.J., (Chairperson), Bersamin, Villarama, and Reyes, JJ., concur.


Endnotes:


1Rollo, pp. 2-18; penned by Associate Justice Franchito N. Diamante with Associate Justices Edgardo L. de los Santos and Rodil V. Zalameda, concurring.cralawlibrary

2 CA rollo, pp. 33-38.cralawlibrary

3 TSN, March 25, 2003, pp. 3-5.cralawlibrary

4 TSN, May 19, 2003, pp. 2-5.cralawlibrary

5 TSN, July 30, 2003, pp. 3-5.cralawlibrary

6 Id. at 7-11; sketch was presented as Exhibit D (records, p. 171).cralawlibrary

7 TSN, March 3, 2005, pp. 2-8.cralawlibrary

8 Identified in some parts of the records as �Robinhood Benigla.�

9 TSN, September 1, 2005, pp. 3-6.cralawlibrary

10 CA rollo, p. 38.cralawlibrary

11 Id. at 37-38.cralawlibrary

12Rollo, p. 17.cralawlibrary

13 Id. at 11-12.cralawlibrary

14 Id. at 19.cralawlibrary

15 Id. at 32-34.cralawlibrary

16 CA rollo, p. 26.cralawlibrary

17 TSN, March 25, 2003, p. 5.cralawlibrary

18People v. Ballesteros, 349 Phil. 366, 375 (1998).cralawlibrary

19 TSN, March 3, 2005, pp. 6-7.cralawlibrary

20 See People v. Bonifacio, 426 Phil. 511, 520-521 (2002).cralawlibrary

21People v. Barde, G.R. No. 183094, September 22, 2010, 631 SCRA 187, 208-209.cralawlibrary

22 CA rollo, pp. 29-30.cralawlibrary

23People v. Barde, supra note 21 at 215.cralawlibrary

24People v. Tolentino, 570 Phil. 255, 284 (2008).cralawlibrary

25 G.R. No. 184601, November 12, 2012, 685 SCRA 193, 206.cralawlibrary

26 People v. Aba�o, G.R. No. 188323, February 21, 2011, 643 SCRA 587, 591.



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  • G.R. No. 190340, July 24, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROGELIO RAMOS AND MARISSA INTERO RAMOS, Accused-Appellants.

  • G.R. No. 179638, July 08, 2013 - HEIRS OF NUMERIANO MIRANDA, SR., namely: CIRILA (deceased), CORNELIO, NUMERIANO, JR., ERLINDA, LOLITA, RUFINA, DANILO, ALEJANDRO, FELIMON, TERESITA, ELIZABETH AND ANALIZA, ALL SURNAMED MIRANDA, Petitioners, v. PABLO R. MIRANDA, Respondent.

  • G.R. No. 173587, July 15, 2013 - ZUELLIG PHARMA CORPORATION, Petitioner, v. ALICE M. SIBAL, MA. TERESA J. BARISO, PRESCILLANO L. GONZALES, LAURA B. BERNARDO, MAMERTA R. ZITA, JOSEPHINE JUDY C. GARCIA, MENDOZA,* AND MA. ASUNCION B. HERCE, EDITHA D. CARPITANOS, MA. LUZ B. BUENO, DANTE C. VERASTIGUE,** AGNES R. ALCOBER, ARWIN Y. CRUZ, ADONIS F. OCAMPO, SOPHIA P. ANGELES, JOEL B. BUSTAMANTE, EDITHA B. COLE, LUDIVINA C. PACIA, ROSELLE M. DIZON, RODOLFO A. ABCEDE, WILFREDO RICAFRENTE, RODOLFO R. ROBERTO, ROSALIE R. LUNAR, BENJAMIN R. CALAYCAY, GUILLERO YAP CADORNA, THROVADORE TOBOSO, CAROLINA S. UY, MARIA LORETTO M. REGIS, ALMAR C. CALUAG,** VILMA R. SAPIWOSO, ANATALIA L. CALPITO, FELIPE S. CALINAWAN, VIVIELIZA DELMAR MANULAT, MA. LIZA L. RAFINAN,** AMMIE V. GATILAO, ALEX B. SADAYA AND REGINO EDDIE PANGA, Respondents.

  • G.R. No. 174912, July 24, 2013 - BPI EMPLOYEES UNION-DAVAO CITY-FUBU (BPIEU-DAVAO CITY-FUBU), Petitioner, v. BANK OF THE PHILIPPINE ISLANDS (BPI), AND BPI OFFICERS CLARO M. REYES, CECIL CONANAN AND GEMMA VELEZ, Respondents.

  • G.R. No. 197360, July 03, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONALD CREDO AKA �ONTOG,� RANDY CREDO AND ROLANDO CREDO Y SAN BUENAVENTURA, Accused-Appellants.

  • G.R. No. 199082, G.R. NO. 199085, G.R. NO. 199118, July 23, 2013 - JOSE MIGUEL T. ARROYO, Petitioner, v. DEPARTMENT OF JUSTICE; COMMISSION ON ELECTIONS; HON. LEILA DE LIMA, IN HER CAPACITY AS SECRETARY OF THE DEPARTMENT OF JUSTICE; HON. SIXTO BRILLANTES, JR., IN HIS CAPACITY AS CHAIRPERSON OF THE COMMISSION ON ELECTIONS; AND THE JOINT DOJ-COMELEC PRELIMINARY INVESTIGATION COMMITTEE AND FACT-FINDING TEAM, Respondents.; G.R. NO. 199085 - BENJAMIN S. ABALOS, SR., Petitioner, v. HON. LEILA DE LIMA, IN HER CAPACITY AS SECRETARY OF JUSTICE; HON. SIXTO S. BRILLANTES, JR., IN HIS CAPACITY AS COMELEC CHAIRPERSON; RENE V. SARMIENTO, LUCENITO N. TAGLE, ARMANDO V. VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM AND AUGUSTO C. LAGMAN, IN THEIR CAPACITY AS COMELEC COMMISSIONERS; CLARO A. ARELLANO, GEORGE C. DEE, JACINTO G. ANG, ROMEO B. FORTES AND MICHAEL D. VILLARET, IN THEIR CAPACITY AS CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE JOINT DOJ-COMELEC PRELIMINARY INVESTIGATION COMMITTEE ON THE 2004 AND 2007 ELECTION FRAUD RESPONDENTS.; G.R. NO. 199118 - GLORIA MACAPAGAL-ARROYO, Petitioner, v. COMMISSION ON ELECTIONS, REPRESENTED BY CHAIRPERSON SIXTO S. BRILLANTES, JR., DEPARTMENT OF JUSTICE, REPRESENTED BY SECRETARY LEILA M. DE LIMA, JOINT DOJ-COMELEC PRELIMINARY INVESTIGATION COMMITTEE, SENATOR AQUILINO M. PIMENTEL III, AND DOJ-COMELEC FACT-FINDING TEAM, Respondents.

  • G.R. No. 175844, July 29, 2013 - BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. SARABIA MANOR HOTEL CORPORATION, Respondent.

  • G.R. No. 192571, July 23, 2013 - ABBOTT LABORATORIES, PHILIPPINES, CECILLE A. TERRIBLE, EDWIN D. FEIST, MARIA OLIVIA T. YABUT-MISA, TERESITA C. BERNARDO, AND ALLAN G. ALMAZAR, Petitioners, v. PEARLIE ANN F. ALCARAZ, Respondent.

  • A.M. No. 11-10-03-0, July 30, 2013 - RE: LETTER DATED APRIL 18, 2011 OF CHIEF PUBLIC ATTORNEY PERSIDA RUEDA-ACOSTA REQUESTING EXEMPTION FROM THE PAYMENT OF SHERIFF�S EXPENSES

  • G.R. No. 179607, July 24, 2013 - CIRILA MANOTA, FOR HERSELF AND IN BEHALF OF HER CHILDREN, CLAIRE, CATHERINE, CHARLES, PHILIP CHRISTOPHER, CARMI JOY, CARLO JOHN AND CEDRIC JAMES, Petitioners, v. AVANTGARDE SHIPPING CORPORATION AND/OR SEMBAWANG JOHNSON MANAGEMENT PTE., LTD, Respondents.

  • G.R. No. 185740, July 23, 2013 - THE PROVINCIAL GOVERNMENT OF CAMARINES NORTE, REPRESENTED BY GOVERNOR JESUS O. TYPOCO, JR., Petitioner, v. BEATRIZ O. GONZALES, Respondent.

  • G.R. No. 179146, July 23, 2013 - HOLY CHILD CATHOLIC SCHOOL, Petitioner, v. HON. PATRICIA STO. TOMAS, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, AND PINAG-ISANG TINIG AT LAKAS NG ANAKPAWIS � HOLY CHILD CATHOLIC SCHOOL TEACHERS AND EMPLOYEES LABOR UNION (HCCS-TELU-PIGLAS), Respondents.

  • G.R. No. 170677, July 31, 2013 - VSD REALTY & DEVELOPMENT CORPORATION, Petitioner, v. UNIWIDE SALES, INC. AND DOLORES BAELLO TEJAD, Respondents.

  • G.R. No. 183608, July 13, 2013 - FAUSTINO T. CHINGKOE AND GLORIA CHINGKOE, Petitioners, v. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE BUREAU OF CUSTOMS, Respondent.

  • G.R. No. 203585, July 29, 2013 - MILA CABOVERDE TANTANO AND ROSELLER CABOVERDE, Petitioners, v. DOMINALDA ESPINA�CABOVERDE, EVE CABOVERDE-YU, FE CABOVERDE-LABRADOR, AND JOSEPHINE E. CABOVERDE, Respondents.

  • G.R. No. 194709, July 31, 2013 - MINETTE BAPTISTA, BANNIE EDSEL SAN MIGUEL, AND MA. FE DAYON, Petitioners, v. ROSARIO VILLANUEVA, JANETTE ROLDAN, DANILO OLAYVAR, ONOFRE ESTRELLA, CATALINO LEDDA, MANOLO GUBANGCO, GILBERT ORIBIANA, CONSTANCIO SANTIAGO, RUTH BAYQUEN, RUBY CASTANEDA, ALFRED LANDAS, JR., ROSELYN GARCES, EUGENE CRUZ, MENANDRO SAMSON, FEDERICO MUNOZ AND SALVADOR DIWA, Respondents.

  • G.R. No. 172846, July 24, 2013 - MANILA POLO CLUB EMPLOYEES� UNION (MPCEU) FUR-TUCP, Petitioner, v. MANILA POLO CLUB, INC., Respondent.

  • G.R. No. 189028, July 16, 2013 - NATIONAL ARTIST FOR LITERATURE VIRGILIO ALMARIO, NATIONAL ARTIST FOR LITERATURE BIENVENIDO LUMBERA, NATIONAL ARTIST FOR VISUAL ARTS (PAINTING) BENEDICTO CABRERA, NATIONAL ARTIST FOR VISUAL ARTS (SCULPTURE) NAPOLEON ABUEVA, NATIONAL ARTIST FOR VISUAL ARTS (PAINTING AND SCULPTURE) ARTURO LUZ, NATIONAL ARTIST FOR PRODUCTION DESIGN SALVADOR BERNAL, UNIVERSITY PROFESSOR EMERITUS GEMINO ABAD, DEAN MARVIC M.V.F. LEONEN (UP COLLEGE OF LAW), DEAN DANILO SILVESTRE (UP COLLEGE OF ARCHITECTURE), DEAN ROLAND TOLENTINO (UP COLLEGE OF MASS COMMUNICATION), PROF. JOSE DALISAY, DR. ANTON JUAN, DR. ALEXANDER CORTEZ, DR. JOSE NEIL GARCIA, DR. PEDRO JUN CRUZ REYES, PROF. JOSE CLAUDIO GUERRERO, PROF. MICHAEL M. COROZA, PROF. GERARD LICO, PROF. VERNE DE LA PENA, PROF. MARIAN ABUAN, PROF. THEODORE O. TE, DR. CRISTINA PANTOJA-HIDALGO, PROF. JOSE WENDELL CAPILI, PROF. SIR ANRIAL TIATCO, PROF. NICOLO DEL CASTILLO, PROF. HORACIO DUMANLIG, PROF. DANTON REMOTO, PROF. PRISCELINA PATAJO-LEGASTO, PROF. BELEN CALINGACION, PROF. AMIEL Y. LEONARDIA, PROF. VIM NADERA, PROF. MARILYN CANTA, PROF. CECILIA DELA PAZ, PROF. CHARLSON ONG, PROF. CLOD MARLON YAMBAO, PROF. KENNETH JAMANDRE, PROF. JETHRO JOAQUIN, ATTY. F.D. NICOLAS B. PICHAY, ATTY. ROSE BEATRIX ANGELES, MR. FERNANDO JOSEF, MS. SUSAN S. LARA, MR. ALFRED YUSON, MS. JING PANGANIBAN-MENDOZA, MR. ROMULO BAQUIRAN, JR., MR. CARLJOE JAVIER, MS. REBECCA T. ANONUEVO, MR. JP ANTHONY D. CUNADA, MS. LEAH NAVARRO, MR. MARK MEILLY, MR. VERGEL O. SANTOS, MR. GIL OLEA MENDOZA, MR. EDGAR C. SAMAR, MS. CHRISTINE BELLEN, MR. ANGELO R. LACUESTA, MS. ANNA MARIA KATIGBAK-LACUESTA, MR. LEX LEDESMA, MS. KELLY PERIQUET, MS. CARLA PACIS, MR. J. ALBERT GAMBOA, MR. CESAR EVANGELISTA BUENDIA, MR. PAOLO ALCAZAREN, MR. ALWYN C. JAVIER, MR. RAYMOND MAGNO GARLITOS, MS. GANG BADOY, MR. LESLIE BOCOBO, MS. FRANCES BRETANA, MS. JUDITH TORRES, MS. JANNETTE PINZON, MS. JUNE POTICAR-DALISAY, MS. CAMILLE DE LA ROSA, MR. JAMES LADIORAY, MR. RENATO CONSTANTINO, JR., AND CONCERNED ARTISTS OF THE PHILIPPINES (CAP), Petitioners, v. THE EXECUTIVE SECRETARY, THE SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, THE CULTURAL CENTER OF THE PHILIPPINES, THE NATIONAL COMMISSION ON CULTURE AND THE ARTS, MS. CECILE GUIDOTE-ALVAREZ, MR. CARLO MAGNO JOSE CAPARAS,1 MR. JOSE MORENO, MR. FRANCISCO MA�OSA, AND ALL PERSONS, PUBLIC AND PRIVATE, ACTING UNDER THEIR INSTRUCTIONS, DIRECTION, CONTROL AND SUPERVISION IN RELATION TO THE CONFERMENT OF THE ORDER OF THE NATIONAL ARTIST AND THE RELEASE OF FUNDS IN RELATION TO THE CONFERMENT OF THE HONORS AND PRIVILEGES OF THE ORDER OF NATIONAL ARTISTS ON RESPONDENTS GUIDOTE-ALVAREZ, CAPARAS, MORENO AND MA�OSA, Respondents.

  • G.R. No. 189316, July 01, 2013 - PHILIPPINE NATIONAL BANK, Petitioner, v. SPOUSES BERNARD AND CRESENCIA MARA�ON, Respondents.

  • G.R. No. 184908, July 03, 2013 - MAJOR JOEL G. CANTOS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 192394, July 03, 2013 - ROY D. PASOS, Petitioner, v. PHILIPPINE NATIONAL CONSTRUCTION CORPORATION, Respondent.

  • G.R. No. 177763, July 03, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GARY VERGARA Y ORIEL AND JOSEPH INOCENCIO1 y PAULINO, Accused-Appellants.

  • G.R. No. 181277, July 03, 2013 - SWEDISH MATCH PHILIPPINES, INC., Petitioner, v. THE TREASURER OF THE CITY OF MANILA, Respondent.

  • G.R. No. 198240, July 03, 2013 - LUISA NAVARRO MARCOS*, Petitioner, v. THE HEIRS OF THE LATE DR. ANDRES NAVARRO, JR., NAMELY NONITA NAVARRO, FRANCISCA NAVARRO MALAPITAN, SOLEDAD NAVARRO BROCHLER, NONITA BARRUN NAVARRO, JR., IMELDA NAVARRO, ANDRES NAVARRO III, MILAGROS NAVARRO YAP, PILAR NAVARRO, TERESA NAVARRO-TABITA, AND LOURDES BARRUN-REJUSO, Respondents.

  • G.R. No. 188217, July 03, 2013 - FERNANDO M. ESPINO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 199932, July 03, 2013 - CAMILO A. ESGUERRA, Petitioner, v. UNITED PHILIPPINES LINES, INC., BELSHIPS MANAGEMENT (SINGAPORE) PTE LTD., AND/OR FERNANDO T. LISING, Respondents.

  • G.R. No. 159213, July 03, 2013 - VECTOR SHIPPING CORPORATION AND FRANCISCO SORIANO, Petitioners, v. AMERICAN HOME ASSURANCE COMPANY AND SULPICIO LINES, INC., Respondents.

  • G.R. No. 198534, July 03, 2013 - JENNY F. PECKSON, Petitioner, v. ROBINSONS SUPERMARKET CORPORATION, JODY GADIA, ROENA SARTE, AND RUBY ALEX, Respondents.

  • G.R. No. 192179, July 03, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LITO HATSERO, Accused-Appellant.

  • G.R. No. 182349, July 24, 2013 - REMAN RECIO, Petitioner, v. HEIRS OF THE SPOUSES AGUEDO AND MARIA ALTAMIRANO, NAMELY: ALEJANDRO, ADELAIDA, CATALINA, ALFREDO, FRANCISCO, ALL SURNAMED ALTAMIRANO; VIOLETA ALTAMIRANO OLFATO, AND LORETA ALTAMIRANO VDA. DE MARALIT AND SPOUSES LAURO AND MARCELINA LAJARCA, Respondents.

  • G.R. No. 185160, July 24, 2013 - POLYMER RUBBER CORPORATION AND JOSEPH ANG, Petitioners, v. BAYOLO SALAMUDING, Respondent.

  • G.R. No. 192896, July 24, 2013 - DREAM VILLAGE NEIGHBORHOOD ASSOCIATION, INC., REPRESENTED BY ITS INCUMBENT PRESIDENT, GREG SERIEGO, Petitioner, v. BASES CONVERSION DEVELOPMENT AUTHORITY, Respondent.

  • A.C. No. 7686, July 31, 2013 - JAIME JOVEN AND REYNALDO C. RASING, Ccomplainants, v. ATTYS. PABLO R. CRUZ AND FRANKIE O. MAGSALIN III, Respondents.

  • G.R. No. 181539, July 24, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDWIN ALEMAN Y LONGHAS, Accused-Appellant.

  • G.R. No. 188046, July 24, 2013 - LAND BANK OF THE PHILIPPINES, Petitioner, v. AMERICAN RUBBER CORPORATION, Respondent.

  • G.R. No. 181163, July 24, 2013 - ASIAN TERMINALS, INC., Petitioner, v. PHILAM INSURANCE CO., INC. (NOW CHARTIS PHILIPPINES INSURANCE, INC.), Respondent.

  • G.R. No. 181444, July 17, 2013 - BOBBY �ABEL� AVELINO Y BULAWAN, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 197250, July 17, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. REYNALDO �ANDY� SOMOZA Y HANDAYA, Accused-Appellant.

  • G.R. No. 201728, July 17, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARVIN CRUZ, Accused-Appellant.

  • G.R. No. 160739, July 17, 2013 - ANITA MANGILA, Petitioner, v. JUDGE HERIBERTO M. PANGILINAN, ASST.CITY PROSECUTOR II LUCIA JUDY SOLINAP, AND NATIONAL BUREAU OF INVESTIGATION (DIRECTOR REYNALDO WYCOCO), Respondents.

  • G.R. No. 173307, July 17, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VICTORINO REYES, Accused-Appellant.

  • G.R. No. 157900, July 22, 2013 - ZUELLIG FREIGHT AND CARGO SYSTEMS, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION AND RONALDO V. SAN MIGUEL, Respondents.

  • G.R. No. 189343, July 10, 2013 - BENILDA N. BACASMAS, Petitioner, v. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, Respondents.; G.R. NO. 189369 - ALAN C. GAVIOLA, Petitioner, v. PEOPLE OF THE PHILIPPINES, RESPONDENT.; G.R. NO. 189553 - EUSTAQUIO B. CESA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. Nos. 168951& 169000, July 17, 2013 - DR. ROGER R. POSADAS AND DR. ROLANDO P. DAYCO, Petitioners, v. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 201979, July 10, 2013 - GILDA C. FERNANDEZ AND BERNADETTE A. BELTRAN, Petitioners, v. NEWFIELD STAFF SOLUTIONS, INC./ARNOLD �JAY� LOPEZ, JR., Respondents.

  • G.R. No. 198020, July 10, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSEPH BARRA, Accused-Appellant.

  • G.R. No. 195528, July 04, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE CLARA Y BUHAIN, Accused-Appellant.

  • G.R. No. 162385, July 15, 2013 - SAMAR-MED DISTRIBUTION, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION, AND JOSAFAT GUTANG, Respondents.

  • G.R. No. 172504, July 31, 2013 - DONNA C. NAGTALON, Petitioner, v. UNITED COCONUT PLANTERS BANK, Respondent.

  • G.R. No. 197725, July 31, 2013 - MARK ANTHONY ESTEBAN (IN SUBSTITUTION OF THE DECEASED GABRIEL O. ESTEBAN), Petitioner, v. SPOUSES RODRIGO C. MARCELO AND CARMEN T. MARCELO, Respondents.

  • G.R. No. 188708, July 31, 2013 - PEOPLE OF THE PHILIPPINES, Appellee, v. ALAMADA MACABANDO, Appellant.

  • G.R. No. 179326, July 31, 2013 - LUCIANO P. CA�EDO,* Petitioner, v. KAMPILAN SECURITY AND DETECTIVE AGENCY, INC. AND RAMONCITO L. ARQUIZA, Respondents.

  • G.R. No. 174978, July 31, 2013 - SALLY YOSHIZAKI, Petitioner, v. JOY TRAINING CENTER OF AURORA, INC., Respondent.

  • A.M. No. P-10-2789 (formerly A.M. OCA IPI No. 09-3181-P), July 31, 2013 - DEVELOPMENT BANK OF THE PHILIPPINES, REPRESENTED BY ATTY. BENILDA A. TEJADA, Complainant, v. DAMVIN V. FAMERO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 43, ROXAS, ORIENTAL MINDORO, Respondent.

  • G.R. No. 165014, July 31, 2013 - HEIRS OF ALEJANDRA DELFIN, NAMELY: LEOPOLDO DELFIN (DECEASED), REPRESENTED BY HIS SPOUSE, LUZ C. DELFIN, AND CHILDREN, LELANE C. DELFIN AND ANASTACIA C. DELFIN, MARCELITO DELFIN, FRANCISCO DELFIN, APOLLO DELFIN, ABRILES DELFIN, LYDIA D. DACULAN, OLIVIA D. CABALLERO, ALEJANDRO DELFIN, JULITO DELFIN, AND CANDIDO DELFIN, JR., Petitioners, v. AVELINA RABADON, PACIANO PANOGALING, HILARIA RABADON, PABLO BOQUILLA, CATALINA RABADON, PACIANO RABAYA, FE RABADON, GONZALO DABON, AND ROBERTO RABADON, Respondents.

  • G.R. No. 186509, July 29, 2013 - PHILMAN MARINE AGENCY, INC. (NOW DOHLE-PHILMAN MANNING AGENCY, INC.) AND/OR DOHLE (IOM) LIMITED, Petitioners, v. ARMANDO S. CABANBAN, Respondent.

  • G.R. No. 159371, July 29, 2013 - D. M. CONSUNJI CORPORATION, Petitioner, v. ROGELIO P. BELLO, Respondent.

  • G.R. No. 206236, July 15, 2013 - GILFREDO BACOLOD, A.K.A. GILARDO BACOLOD, Accused-Petitioner, v. PEOPLE OF THE PHILIPPINES, Plaintiff-Respondent.

  • G.R. No. 186610, July 29, 2013 - POLICE SENIOR SUPERINTENDENT DIMAPINTO MACAWADIB, Petitioner, v. THE PHILIPPINE NATIONAL POLICE DIRECTORATE FOR PERSONNEL AND RECORDS MANAGEMENT, Respondent.

  • G.R. No. 161075, July 15, 2013 - RAFAEL JOSE CONSING, JR., Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 181119, July 31, 2013 - ARNEL ALICANDO Y BRIONES, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 189570, July 31, 2013 - HEIRS OF SANTIAGO NISPEROS, TEODORICO NISPEROS, RESTITUTA LARON, CARMELITA H. NISPEROS, VIRGILIO H. NISPEROS, CONCHITA H. NISPEROS, PURITA H. NISPEROS, PEPITO H. NISPEROS, REBECCA H. NISPEROS, ABRAHAM H. NISPEROS, IGNACIO F. NISPEROS, RODOLFO F. NISPEROS, RAYMUNDO F. NISPEROS, RENATO F. NISPEROS, FE N. MUNAR, BENITO F. NISPEROS, REYNALDO N. NISPEROS, MELBA N. JOSE, ELY N. GADIANO, REPRESENTED BY TEODORICO NISPEROS, Petitioners, v. MARISSA NISPEROS-DUCUSIN, Respondent.

  • G.R. No. 196973, July 31, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUPER POSING Y ALAYON, Accused-Appellant.

  • OCA I.P.I. NO. 11-3589-RTJ, July 29, 2013 - KONRAD A. RUBIN AND CONRADO C. RUBIN, Complainants, v. JUDGE EVELYN CORPUS-CABOCHAN, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 98, QUEZON CITY, Respondent.

  • G.R. No. 191219, July 31, 2013 - SPO1 RAMON LIHAYLIHAY1 AND C/INSP. VIRGILIO V. VINLUAN, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 161211, July 17, 2013 - SPOUSES CELSO DICO, SR. AND ANGELES DICO, Petitioners, v. VIZCAYA MANAGEMENT CORPORATION, Respondent.

  • G.R. No. 173226, July 29, 2013 - LAND BANK OF THE PHILIPPINES, Petitioner, v. MANUEL O. GALLEGO, JR., JOSEPH L. GALLEGO AND CHRISTOPHER L. GALLEGO, Respondents.

  • G.R. No. 188767, July 24, 2013 - SPOUSES ARGOVAN AND FLORIDA GADITANO, Petitioners, v. SAN MIGUEL CORPORATION, Respondent.

  • G.R. No. 189121, July 31, 2013 - AMELIA GARCIA-QUIAZON, JENNETH QUIAZON AND MARIA JENNIFER QUIAZON, Petitioners, v. MA. LOURDES BELEN, FOR AND IN BEHALF OF MARIA LOURDES ELISE QUIAZON, Respondent.

  • G.R. No. 192685, July 31, 2013 - OSCAR R. AMPIL, Petitioner, v. THE HON. OFFICE OF THE OMBUDSMAN, POLICARPIO L. ESPENESIN, REGISTRAR, REGISTER OF DEEDS, PASIG CITY, FRANCIS SERRANO, YVONNE S. YUCHENGCO, AND GEMA O. CHENG, Respondents.; G.R. No. 199115 - OSCAR R. AMPIL, Petitioner, v. POLICARPIO L. ESPENESIN, Respondent.

  • G.R. No. 175666, July 29, 2013 - MANILA BANKERS LIFE INSURANCE CORPORATION, Petitioner, v. CRESENCIA P. ABAN, Respondent.

  • G.R. No. 165386, July 29, 2013 - NATIONAL POWER CORPORATION, Petitioner, v. SPOUSES SALVADOR AND NENITA CRUZ, SPOUSES EDMUNDO AND MERLA BARZAGA, SPOUSES CRISANTO AND JULIETA DELA CRUZ, SPOUSES LORENZO AND ROSALINA PALAGANAS, SPOUSES RICARDO AND LOLITA SAGUID, SPOUSES CARMELITA A-ND RESTITUTO ALCID, HIPOLITA NASALGA, CRISELDA AND 'REDENTOR REYES, ILUMINADA ALIPIO, REYNALDO ALIPIO, CORAZON PELAYO, SPOUSES ROLANDO AND FELICIDAD BOANGUTS, SPOUSES JOSELLTO AND CAROLINE MENDOZA, SPOUSES ERLINDA AND CELSO DE GUZMAN, SPOUSES MIGUEL AND VIRGINIA CASAS, SPOUSES ERLINDA AND CELSO DICCION, MA. RENITA MARIANO, VICTORIA ESPIRITU, SPOUSES VICTOR AND ROSARION SOTELO, RENATO GUIEB, DANIEL STA. MARIA, SPOUSES MELANIO AND SOTERIA TORRES, SPOUSES CIRIACO AND PERLITA BENDIJO, SPOUSES L.ILIA AND DOMINGO TORRES, PACITA TORRES AND GREGORIA.CASTILLO, SPOUSES HILARIO AND AMANDA DONIZA, SPOUSES JEREMIAS AND ISABEL GARCIA, SPOUSES EDUARDO AND MA. MARIN CALDERON, SPOUSES ERNESTO AND PELAGIA LUCAS, CORAZON ACOSTA, TERESITA LACSON AND JULIANA DE GUZMAN, PERLA REYES, SPOUSES ESMELITON AND REMEDIOS ESPIRITU, SPOUSES ROGELIO AND AURORA ABALON, DITAS GARCIA, TERESITA CAPATI, SPOUSES EFREN AND MERCEDES MARTIN, SPOUSES HIPOLITO AND ANTONIA STA. MARIA, DIONISIO AND ATANACIA DOMONDON, JAOQUIN AND MA. THERESA DELA ROSA, SPOUSES ROMULO AND NORMA DUCUSIN, GENOVEVA CRUZ AND A. BAUTISTA, PURITA SUNICO, SPOUSES MINERVA AND ROQUE NUALLA, AND SPOUSES GABINO, JR. AND CRISPINA ALIPIO, Respondents.

  • G.R. No. 198110, July 31, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WILSON ROMAN, Accused-Appellant.

  • G.R. No. 147257, July 31, 2013 - SPOUSES JESUS DYCOCO and JOELA E. DYCOCO, Petitioners, v. THE HONORABLE COURT OF APPEALS, NELLY SIAPNO�SANCHEZ and INOCENCIO BERMA, Respondents.

  • A.C. No. 9906, July 29, 2013 - ATTY. LESTER R. NUIQUE, Complainant, v. ATTY. EDUARDO SEDILLO, Respondent.

  • G.R. No. 191025, July 31, 2013 - RHODORA PRIETO, Petitioner, v. ALPADI DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 184622, July 03, 2013 - PHILIPPINE OVERSEAS TELECOMMUNICATIONS CORPORATION (POTC) AND PHILIPPINE COMMUNICATIONS SATELLITE CORPORATION (PHILCOMSAT), Petitioners, v. VICTOR AFRICA, ERLINDA I. BILDNER, SYLVIA K. ILUSORIO, HONORIO POBLADOR III, VICTORIA C. DELOS REYES, JOHN BENEDICT SIOSON, AND JOHN/JANE DOES. Respondents.; G.R. Nos. 184712-14 - PHILIPPINE OVERSEAS TELECOMMUNICATIONS CORPORATION (POTC) AND PHILIPPINE COMMUNICATIONS SATELLITE CORPORATION (PHILCOMSAT), Petitioners, v. HON. JENNY LIN ALDECOA-DELORINO, PAIRING JUDGE OF THE REGIONAL TRIAL COURT OF MAKATI CITY-BRANCH 138, VICTOR AFRICA, PURPORTEDLY REPRESENTING PHILCOMSAT, AND JOHN/JANE DOES, Respondents.; G.R. No. 186066 - PHILCOMSAT HOLDINGS CORPORATION, REPRESENTED BY CONCEPCION POBLADOR, Petitioner, v. PHILIPPINE COMMUNICATIONS SATELLITE CORPORATION (PHILCOMSAT), REPRESENTED BY VICTOR AFRICA, Respondents.; G.R. No. 186590 - PHILCOMSAT HOLDINGS CORPORATION, REPRESENTED BY ERLINDA I. BILDNER, Petitioner, v. PHILCOMSAT HOLDINGS CORPORATION, REPRESENTED BY ENRIQUE L. LOCSIN, Respondent.

  • G.R. No. 182280, July 29, 2013 - TERESA C. AGUILAR, CESAR D. RAAGAS, VILLAMOR VILLEGAS, AND THE REGISTER OF DEEDS FOR THE CITY OF MAKATI, Petitioners. v. MICHAEL J. O�PALLICK, Respondent.

  • G.R. No. 189293, July 10, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VICENTE CANDELLADA, Accused-Appellant.