SUPREME COURT DECISIONS

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Endnotes:


1 Written by Judge Vivencio P. Estrada.

2 The victim in the other Information is Jose Ebangcara.

3 Information for Criminal Case No. 7191-95, p. 1; rollo, p. 5.

4 Information for Criminal Case No. 7193-95, p. 1; rollo, p. 9.

5 Assailed Decision, pp. 9-10; rollo, pp. 26-27.

6 The case was deemed submitted for resolution on March 12, 1998, upon the filing of the Appellees Brief. The filing of a reply brief was deemed waived, as none was filed within the reglementary period.

7 The Appellees Brief was signed by Solicitor General Romeo C. de la Cruz, Assistant Solicitor General Mariano M. Martinez, Assistant Solicitor General Fernanda Lampas Peralta and Solicitor Alexander G. Gesmundo.

8 This 15-page Appeal for Tito Reduca dated November 3, 1995 was signed by Atty. Nemesio G. Beltran and filed on May 2, 1996.

9 The Appellants Brief did not contain a detailed statement of facts.

10 Appellants Brief, pp. 3-4.

11 People vs. Romeo Nell, GR No. 109660, 10, July 1, 1997, per Panganiban, J. See also People v. Barredo, GR No. 122850, October 7, 1998; People v. Gaddi, 170 SCRA 649, February 27, 1989; People v. Pascual, 204 SCRA 618, December 5, 1991; People v. Naparan, 225 SCRA 714, August 30, 1993; People v. Deopante, 263 SCRA 691, October 30, 1996; and People v. Escandor, 265 SCRA 444, December 9, 1996.

12 TSN, August 18, 1995, pp. 9-10.

13 TSN, August 18, 1995, pp. 24-25.

14 TSN, August 18, 1995, p. 9.

15 TSN, August, 18, 1995, p. 13

16 People vs. Calegan, 233 SCRA 537, 544-545, June 30, 1994, per Bellosillo, J. See also People v. Sabio, 102 SCRA 218, January 27, 1981; People v. Garcia, 105 SCRA 6, June 11, 1981; People v. Bermoy, 105 SCRA 106, June 17, 1981; and People v. Canumay, 130 SCRA 301, July 9, 1984.

17 People vs. Villanueva, 215 SCRA 22, 28, October 21, 1992, per Feliciano, J. See also People v. Roldan, 224 SCRA 536, July 6, 1993; People v. de Dios, 187 SCRA 228, July 6, 1990; People v. Riego, 189 SCRA 445, September 12, 1990; Biala v. CA, 191 SCRA 50, October 31, 1990; People v. Segwaben, 194 SCRA 239, February 19, 1991; People v. Magdadaro, 197 SCRA 151, May 15, 1991; People v. Patilan, 197 SCRA 354, May 23, 1991; People v. Salguero, 198 SCRA 357, June 19, 1991; People v. Urquia, 203 SCRA 735, November 19, 1991; People v. Fule, 206 SCRA 652, February 28, 1992; and People v. Dimaano, 209 SCRA 819, June 15, 1992.

18 124 SCRA 486, 491, September 2, 1983, per Relova, J. See also People v. Gutierrez, 209 SCRA 206, May 22, 1992; People vs. Baguio, 196 SCRA 459, April 30, 1991; People v. Araja, 105 SCRA 133, June 29, 1981; People v. Balbas, 122 SCRA 859, June 24, 1983; People v. Onarosa, 127 SCRA 810, February 29, 1984, People v. Nabor, 185 SCRA 615, May 21, 1990; People v. Talingdan, 191 SCRA 333, November 9, 1990; People vs. Clamor, 198 SCRA 642, July 1, 1991; and People v. Lazarte, 200 SCRA 361, August 7, 1991.

19People v. Apa-ap Jr., 235 SCRA 468, 473, August 17, 1994, per Melo, J. See also People v. Obnguyan, 55 SCRA 465, January 31, 1974; People v. Sabio, 102 SCRA 218, January 27, 1981; People v. Aquino, 133 SCRA 283, November 20, 1984; People v. Jacinto, 133 SCRA 498, November 29, 1984; and People v. Amoncio, 144 SCRA 384, September 24, 1986.

20 233 SCRA 62, 66, June 10, 1994, per Bellosillo, J. See also People v. Obnguyan, 55 SCRA 465, January 31, 1974; People v. Mendoza, 223 SCRA 108, June 3, 1993; and People v. Ocampo, 226 SCRA 1, September 1, 1993.

21 People v. Calegan, 233 SCRA 537, 547, June 30, 1994, per Bellosillo, J. See also People v. Arias, 102 SCRA 303, January 27, 1981; People v. Rosario, 134 SCRA 496, February 25, 1985; People v. Cabato, 160 SCRA 98, April 15, 1988; People v. Pasco, 181 SCRA 233, January 22, 1990; Peneyra v. IAC, 181 SCRA 244, January 22, 1990; and People v. Chatto, 219 SCRA 785, March 10, 1993.

22 People v. Esquilina, 145 SCRA 139, 144, September 8, 1995. See also People v. Anonuevo, 262 SCRA 22, September 18, 1996; People v. Barera, 262 SCRA 63, September 19, 1996; People v. Soria, 262 SCRA 739, October 4, 1996; People v. Cordero, 263 SCRA 122, October 11, 1996; People v. Sumaoy, 263 SCRA 460, October 22, 1996; People v. Rosare, 264 SCRA 398, November 19, 1996; People v. Layno, 264 SCRA 558, November 21, 1996; People v. Balamban, 264 SCRA 619, November 21, 1996; and People v. Pareja, 265 SCRA 429, December 9, 1996.

23 Article 63 of the Revised Penal Code provides:

x x x In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules should be observed in its application thereof:

x x x

2. When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied xxx.

24 People v. Danque, 228 SCRA 83, 91, November 19, 1993, per Puno, J. See also People v. Alberto Medina, GR No. 113691, February 6, 1998; People v. Salvador, 224 SCRA 819, July 30, 1993.

25 People v. Trinidad, 169 SCRA 51, 59, January 9, 1989, per Melencio-Herrera, J. See also People v. Catipon, 139 SCRA 192, October 9, 1985; and People v. Mision, 194 SCRA 432, February 26, 1991.




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