PEOPLE vs.

LIGON 152 SCRA 419 July 29, 1987

Facts: Accused-appellant, Fernando Gabat was convicted of the crime of Robbery w
ith homicide and was sentenced to reclusion perpetua. Gabat allegedly robbed Jos
e Rosales Ortiz, a 17 year old working student, who was a cigarette vendor. Accord
ing to Prudencio Castillo, a taxi driver, who allegedly saw the incident that tr
anspired on the night Ortiz died. According to Castillo, he was at a distance of
about 3 meters travelling on the same lane and was behind the Kombi driven by R
ogelio Ligon together with Gabat. Castillo, in his testimony, said that Gabat gr
abbed the box of cigarettes from Rosales. That while waiting for the traffic lig
ht to change from red to green, Castillo idly watched the Volkswagon Kombi and s
aw Gabat signal to Ortiz. While Ortiz was handling the cigarettes to Gabat, the
traffic light changed to green and as the Kombi moved forward, Gabat grabbed the
box from Ortiz. Ortiz ran beside the Jombi and was able to hold on to the windo
wsill with his right hand. Howeverm as the Kombi continued to speed towards the
C.M. Rector underpass, Gabat forcibly remove the hand of Rosales from the said w
indowsill and as a result fell face down on the ground. On the other hand, accor
ding to Gabat, after Ortiz handed the two sticks cigarettes Gabat in turn paid h
im a 5 peso bill. In order to change the said bill, Ortiz placed his box between
the arm of Gabat and the window frame. When the traffic light changed to green,
Ligon moved the vehicle forward. That in spite of Gabat s order to stop the vehic
le, Ligon said that it could not be done due the the moving vehicular traffic. W
hen Ortiz fell down, Gabat shouted at Ligon but the latter replied that they sho
uld go on to Las Pinas and report the incident to the parents of Gabat and that
later they would come back to the scene of the incident. At this point, the Komb
i was blocked by Castillo s taxi and the jeep driven by the policeman. The trial c
ourt gave full credence to Castillo s testimony and dismissed Gabat s testimony on t
he ground that it is of common knowledge that cigarette vendors do not let go of
their cigarette. Gabat was convicted by the trial court; Hence, this appeal. Is
sue: Whether a person who is not criminally liable is also free from civil liabi
lity. Held: According to the Court of Appeals, although Castillo is a disinteres
ted witness, his testimony even if not tainted with bias is not entirely free fr
om doubt because his observation of the event could have been faulty. Castillo s t
axi was

driving a car lower in height compared to the Kombi. The windshield of the Kombi
(1978 model) is occupying approximately 1/3 of the rear end of the vehicle maki
ng it visually difficult for Castillo to observe what clearly transpired. Also,
Castillo s statement given to the police on the evening of the incident did not me
ntion that he saw Gabat forcibly prying off the hand of Rosales from the windows
ill though such appeared in the police report. Given the circumstances, the Cour
t is not convinced with moral certainty that the guilt of Gabat was established
beyond reasonable doubt. As such he is acquitted. However, such does not necessa
rily exempt him from civil liability as such only requires a preponderance of ev
idence and such evidence is sufficient to establish Gabat s liability. The Court f
inds Gabat s act and omission with fault and negligence caused damage to Ortiz. Th
at he failed to prevent the driver from moving forward while the purchase was co
mpleted; He failed to help Ortiz while the latter clung to the moving vehicle; e
did not enforce his order to Ligon to stop; and that he acquiesced in the drive
r s act of speeding away instead of stopping and picking up Ortiz. His acquittal i
n the criminal prosecution does not bar the heirs of Ortiz from recovering damag
es. The judgment of acquittal extinguishes the civil liability only when it incl
udes a declaration that the facts from which the civil liability might arise did
not exist. Wherefore, Gabat is sentenced to indemnify the heirs of Ortiz the am
ount of P15,000 for the latter s death, P1,733 for hospital and medical expenses,
4,100 for funeral expenses, and the alleged loss of income amounting to P20,000.

The current study examined the adaptive response to both endurance (END) and spr
int interval training (SIT) in a group of twenty-one recreationally active adult
s. All participants completed three weeks (four days/ week) of both END (30 minu
tes at ~65% VO2peak work rate (WR) and SIT (eight, 20-second intervals at ~170%
VO2peak WR separated by 10 seconds of active rest) following a randomized crosso
ver study design with a three-month washout period between training intervention
s. While a main effect of training was observed for VO2peak, lactate threshold,
and submaximal heart rate (HR), considerable variability was observed in the ind
ividual responses to both END and SIT. No significant positive relationships wer
e observed between END and SIT for individual changes in any variable. Non-respo
nses were determined using two times the typical error (TE) of measurement for V
O2peak (0.107 L/min), lactate threshold (15.7 W), and submaximal HR (10.7bpm). N
on-responders in VO2peak, lactate threshold, and submaximal HR were observed fol
lowing both END and SIT, however, the individual patterns of response differed f
ollowing END and SIT. Interestingly, all individuals responded in at least one v
ariable when exposed to both END and SIT. These results suggest that the individ
ual response to exercise training is highly variable following different trainin
g protocols and that the incidence of non-response to exercise training may be r
educed by changing the training stimulus for non-responders to three weeks of EN
D or SIT.
Figures
Fig 3Table 2Fig 4Fig 1Table 1Fig 2Fig 3Table 2Fig 4Fig 1Table 1Fig 2
Citation: Bonafiglia JT, Rotundo MP, Whittall JP, Scribbans TD, Graham RB, Gurd
BJ (2016) Inter-Individual Variability in the Adaptive Responses to Endurance an
d Sprint Interval Training: A Randomized Crossover Study. PLoS ONE 11(12): e0167
790. doi:10.1371/journal.pone.0167790
Editor: Jose A. L. Calbet, Universidad de las Palmas de Gran Canaria, SPAIN
Received: June 6, 2016; Accepted: November 20, 2016; Published: December 9, 2016
Copyright: 2016 Bonafiglia et al. This is an open access article distributed und
er the terms of the Creative Commons Attribution License, which permits unrestri
cted use, distribution, and reproduction in any medium, provided the original au
thor and source are credited.
Data Availability: All relevant data are within the paper and its supporting inf
ormation files.
Funding: Funding was provided by the Natural Sciences and Engineering Council of
Canada (grant number: 402635; http://www.nserc-crsng.gc.ca/index_eng.asp) and t
he Canadian Foundation for Innovation (grant number: 25476;https://www.innovatio
n.ca/). The funders had no role in study design, data collection and analysis, d
ecision to publish, or preparation of the manuscript.
Competing interests: The authors have declared that no competing interests exist
.
Introduction
Considerable heterogeneity exists in the individual response in peak oxygen upta
ke (VO2peak) following exercise training [1 3]. Specifically, VO2peak can increase
[2,4], decrease [5], or remain unchanged [6,7] following structured endurance t
raining (END). Similarly, inter-individual variability in training responses hav
e also been observed following supra-maximal sprint interval training (SIT) [8,9
]. While variability in training responses has been demonstrated following both
END and SIT, it is currently unknown whether individuals who fail to respond fol
lowing one type of exercise training might respond to a different training stimu
lus (i.e. different exercise volume, intensity and metabolic demand).
While END and SIT differ substantially in exercise volume, intensity, and metabo
lic demand, at the group level they induce strikingly similar adaptations in VO2
peak [10,11], lactate threshold [12,13], and muscle oxidative potential [14 16]. I

nterestingly, limited evidence demonstrating that central adaptations following

training may differ between END and SIT [17,18], supports the potential that the
mechanisms underlying similar adaptations in VO2peak may differ following END a
nd SIT. Further, individual variability in both peripheral [19,20] and central [
17] adaptations following training have been observed. Together these results su
ggest that both central and peripheral adaptations may vary in an individual fol
lowing END or SIT, supporting the hypothesis that an individual who fails to res
pond following END may respond following SIT (and vis versa).
Therefore, in order to determine if individuals respond differently to END and S
IT, the present study compared individual responses following three weeks of bot
h END and SIT utilizing a randomized crossover study design with a three-month w
ashout period between training interventions. Individual changes in VO2peak, lac
tate threshold, and submaximal heart rate (HR) were compared and the incidence o
f response and non-response for all variables were classified using typical erro
r (TE), an index of measurement error that considers both biological and technic
al variability [21]. We hypothesized that individual responses to END would not
necessarily reflect responses to SIT (and vis versa), potentially d