Académique Documents
Professionnel Documents
Culture Documents
FACTS:
Petitioner Agdeppa filed a petition for certiorari assailing the resolution of Respondent Office of
the Ombudsman for dismissing OMB-MIL-CRIM-00-0470, the administrative complaint initiated
by Petitioner against respondents Marydel B. Jarlos-Martin (Jarlos-Martin), Emmanuel M.
Laurezo (Laurezo), and Iluminado L. Junia, Jr. (Junia).
ISSUE:
Whether or not Respondent Office of the Ombudsman acted in grave abuse of discretion when it
issued a resolution dismissing OMB-MIL-CRIM-00-0470, the administrative complaint initiated
by Petitioner against respondents Jarlos-Martin, Laurezo, and Junia.
RULING:
Respondent Office of the Ombudsman did not act in grave abuse of discretion. The resolution is
valid. The petition is dismissed.
In general, the Court follows a policy of non-interference with the exercise by the Office of the
Ombudsman of its investigatory and prosecutorial powers, in respect of the initiative and
independence inherent in the said Office, which, beholden to no one, acts as the champion of the
people and the preserver of the integrity of the public service.
Not every error in the proceedings, or every erroneous conclusion of law or fact, constitutes grave
abuse of discretion. While the prosecutor, or in this case, the investigating officers of the Office of
the Ombudsman, may err or even abuse the discretion lodged in them by law, such error or abuse
alone does not render their act amenable to correction and annulment by the extraordinary remedy
of certiorari. The requirement for judicial intrusion is still for the petitioner to demonstrate clearly
that the Office of the Ombudsman committed grave abuse of discretion amounting to lack or
excess of jurisdiction. Unless such a clear demonstration is made, the intervention is disallowed
in deference to the doctrine of non-interference.
The fact alone that the investigating officer of the Office of the Ombudsman who issued the
resolution was not the one who conducted the preliminary investigation does not render said
investigating officers resolution erroneous or irregular. The investigating officer may rely on the
pleadings and evidence on record and enjoy the presumption of regularity in the performance of
his duties as a public officer, unless disputed by evidence to the contrary.
Absent a clear showing of grave abuse of discretion amounting to lack or excess of jurisdiction by
the Office of the Ombudsman in the issuance of its Resolution dated July 31, 2000 and Order
dated September 28, 2000 in OMB-MIL-CRIM-00-0470, the Court cannot depart from the policy
of non-interference.
2. MACEDA vs. COURT INTERPRETER [A.M. No. P-12-3093. March 26, 2014.]
[Administrative law]
FACTS:
On June 28, 2010, an anonymous complainant, claiming to be a student at the University of
Eastern Philippines (UEP), filed a letter-complaint before the Office of the Court Administrator
(OCA) charging Otelia Lyn G. Maceda (Maceda), Court Interpreter, Municipal Trial Court
(MTC), Palapag, Northern Samar, of falsifying her attendance in court so she could attend her
law classes at UEP in Catarman, Northern Samar. The complaint questioned Macedas status as
she was enjoying the privilege of a regular employee and at the same time a regular student. She
was said to have been habitually tardy and absent from her office because she leaves the office
everyday before 3:00 p.m. to catch up her classes, since the travel time from her office to her
school is more or less three hours. Maceda was said to have made it appear in her Daily Time
Records that she was still in office until 5:00 p.m. when in fact she was already in school.
In a report, dated April 5, 2011, by Executive Judge Jose F. Falcotelo (Judge Falcotelo) of the
Regional Trial Court, Branch 22 of Laoang, Northern Samar, Maceda admitted that she is an
irregular law student and that she requested permission to continue her law studies from then
MTC Presiding Judge Eustaquio C. Lagrimas (Judge Lagrimas), and that Judge Lagrimas granted
her request. Judge Falcotelo recommended the dismissal of the letter-complaint considering that
Maceda pursued her studies for self-improvement and the she merely relied on Judge Lagrimas
permission for her to attend her classes at UEP.
The OCA recommended in its report, dated August 16, 2012, that the instant administrative
matter be re-docketed as a regular complaint for Dishonesty and that Maceda be found guilty of
Dishonesty and be suspended for six months, without pay, with a stern warning. The case was
then re-docketed as a regular administrative matter.
Maceda filed her manifestation on February 5, 2012, stating that she was not willing to submit the
instant case for decision based on the pleadings filed because of the anonymity of the
complainant, the inadmissibility of the documents presented in the complaint, and the absence of
counsel during the investigation of the case.
ISSUE:
1. Whether or not an anonymous complaint may prosper.
2. Whether or not the documents attached to the complaint are admissible as
evidence.
3. Whether or not Maceda be granted additional time before resolution of the
administrative matter so she can engage the services of counsel as she was not
represented during the earlier proceedings.
RULING:
Yes. The complaint may be acted upon by the Court. The Court stresses that an anonymous
complaint is always received with great caution, originating as it does from an unknown author.
However, a complaint of such sort does not always justify its outright dismissal for being baseless
or unfounded for such complaint may be easily verified and may, without much difficulty, be
substantiated and established by other competent evidence.
Any conduct, act or omission on the part of all those involved in the administration of justice
which would violate the norm of public accountability and would diminish the faith of the people
in the Judiciary cannot be countenanced. Hence, anonymous complaints of this nature should be
acted upon by the Court.
1. The evidence is admissible. Proceedings in administrative investigation are not strictly
governed by the technical rules of evidence. They are summary in nature. As the Court
have declared in Office of the Court Administrator v. Indar:
It is settled that technical rules of procedure and evidence are not strictly applied
to administrative proceedings. Thus, administrative due process cannot be fully
equated with due process in its strict judicial sense. It is enough that the party is
given the chance to be heard before the case against him is decided. Otherwise
stated, in the application of the principle of due process, what is sought to be
safeguarded is not lack of previous notice but the denial of the opportunity to be
heard.
Maceda cannot claim that the admission and consideration of the documentary evidence
attached to the complaint violated her right to due process. She had the opportunity to
contest to the truthfulness of the documents and/or submit evidence controverting the
same.
2. Macedas request can no longer be accommodated. She has knowingly and voluntarily
participated in the administrative investigation conducted by Judge Falcotelo, by the
OCA, and by the Court. Being a court employee and law student, Maceda is capable of
understanding the charges against her and adducing her defenses herself. A party in an
administrative inquiry may or may not be assisted by counsel, irrespective of the nature
of the charges and of petitioners capacity to represent herself, and no duty rests on such
body to furnish the person being investigated with counsel. The right to counsel is not
always imperative in administrative investigations because such inquiries are conducted
merely to determine whether there are facts that merit the imposition of disciplinary
measures against erring public officers and employees, with the purpose of maintaining
the dignity of government service.
3. Maceda is guilty of dishonesty. It was impossible for Maceda to have left the MTC only
at 5:00 p.m. as she had consistently logged in her DTRs during the months she was also
attending her classes. Macedas repeated assertion that she continued her law studies for
self-improvement and with the permission of Judge Lagrimas are not acceptable excuses
for not properly declaring the time she logged-off from work in her DTRs. Her acts
constitute dishonesty which is defined as the disposition to lie, cheat, deceive, or
defraud; untrustworthiness; lack of integrity; lack of honesty, probity or integrity in
principle; lack of fairness and straightforwardness; disposition to defraud, deceive or
betray.
Facts:
The Collective Bargaining Agreement between the petitioner labor union and respondent
corporation was about to expire so both started negotiating for a new CBA. The union proposed a
20% annual across-the-board basic salary increase for the next three years that would be covered
by the new CBA. In lieu of the annual salary increases, the company made a counter-proposal to
grant all covered employees a lump sum amount of P80,000.00 yearly for the three-year period of
the new CBA. Due to the constant disagreement on several meetings, the company proposed the
declaration of a deadlock and recommended that the help of a third party be sought. However, the
union filed a Notice of Strike in the National Conciliation and Mediation Board (NCMB),
alleging bad faith bargaining on the part of the company. Upon being aware of this development,
the company filed a Petition for Assumption of Jurisdiction with the Secretary of Labor and
Employment.
Convinced that such a strike would have adverse consequences on the national economy, the
Secretary of Labor and Employment ruled that the labor dispute between the parties would cause
or likely to cause a strike in an industry indispensable to the national interest. Thus, the Secretary
of Labor and Employment assumed jurisdiction over the dispute of the parties.
The union assailed the jurisdiction of the Secretary of Labor and Employment. It contended that
the issue is the unfair labor practice of the company in the form of bad faith bargaining and not
the CBA deadlock. It further alleged that there was no CBA deadlock on account of the union's
non-conformity with the declaration of a deadlock, as item 8 of the said ground rules provided
that a "deadlock can only be declared upon mutual consent of both parties." Thus, the Secretary
of Labor and Employment committed grave abuse of discretion when she assumed jurisdiction
and directed the parties to submit position papers even on the economic issues.
Issues:
1. Whether or not there was deadlock
2. Whether or not the Secretary of Labor and Employment has jurisdiction
Ruling:
1. There was a deadlock. A deadlock is defined as follows:
A 'deadlock' is . . . the counteraction of things producing entire stoppage; . .
. There is a deadlock when there is a complete blocking or stoppage
resulting from the action of equal and opposed forces . . . . The word is
synonymous with the word impasse, which . . . 'presupposes reasonable
effort at good faith bargaining which, despite noble intentions, does not
conclude in agreement between the parties.'
While the purpose of collective bargaining is the reaching of an agreement between the employer
and the employee's union resulting in a binding contract between the parties, the failure to reach
an agreement after negotiations continued for a reasonable period does not mean lack of good
faith. The laws invite and contemplate a collective bargaining contract but do not compel
one. For after all, a CBA, like any contract is a product of mutual consent and not of compulsion.
As such, the duty to bargain does not include the obligation to reach an agreement. In this light,
2. The secretary of DOLE has jurisdiction over the case. The Secretary of the DOLE has been
explicitly granted by Article 263(g) of the Labor Code the authority to assume jurisdiction over a
labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the
national interest, and decide the same accordingly. And, as a matter of necessity, it includes
questions incidental to the labor dispute; that is, issues that are necessarily involved in the dispute
itself, and not just to that ascribed in the Notice of Strike or otherwise submitted to him for
resolution.
A "labor dispute" is defined under Article 212 (l) of the Labor Code as follows:
ART. 212. Definitions.
(l) "Labor dispute" includes any controversy or matter concerning
terms or conditions of employment or the association or representation
of persons in negotiating, fixing, maintaining, changing or arranging
the terms and conditions of employment, regardless of whether the
disputants stand in the proximate relation of employer and employee.
In this case, there was a dispute, an unresolved issue on several matters, between the union and
the company in the course of the negotiations for a new CBA. Among the unsettled issues was the
matter of compensation.
Thus, the labor dispute between the union and the company concerned the unresolved matters
between the parties in relation to their negotiations for a new CBA. The power of the Secretary of
Labor and Employment to assume jurisdiction over this dispute includes and extends to all
questions and controversies arising from the said dispute, such as, but not limited to the union's
allegation of bad faith bargaining. It also includes and extends to the various unresolved
provisions of the new CBA such as compensation, particularly the matter of annual wage increase
or yearly lump sum payment in lieu of such wage increase, whether or not there was deadlock in
the negotiations.
As there is already an existing controversy on the matter of wage increase, the Secretary of Labor
and Employment need not wait for a deadlock in the negotiations to take cognizance of the
matter. That is the significance of the power of the Secretary of Labor and Employment under
Article 263 (g) of the Labor Code to assume jurisdiction over a labor dispute causing or likely to
cause a strike or lockout in an industry indispensable to the national interest.
Article 263(g) is both an extraordinary and a preemptive power to address an extraordinary
situation a strike or lockout in an industry indispensable to the national interest. This grant is
not limited to the grounds cited in the notice of strike or lockout that may have preceded the strike
FACTS:
Philnico Industrial Corporation (PIC) along with Philnico Processing Corporation (PPC)
and Pacific Nickel Philippines, Inc. (PNPI) form the Philnico Group. The group is engaged in
nickel mining and refining. Privatization and Management Ofice (PMO) is a government agency
under the Department of Finance who succeeded the Asset Privatization Trust (APT) which is
tasked to take title to and possession of, conserve, provisionally manage, and dispose of assets
previously identified for privatization.
By virtue of foreclosure proceedings, DBP and PNB became holders of all the shares of
PPC. In 1987, they transferred these shares to PMO (then the APT). In 1996, PMO, PIC, and PPC
executed a contract, denominated as the Amended and Restated Definitive Agreement (ARDA),
which laid down the terms and conditions of the purchase and acquisition by PIC from PMO of
22,500,000 shares of stock of PPC (representing 90% of ownership of PPC), as well as
receivables of PMO from PPC to be paid in instalments.
One of the conditions in the ARDA was for the execution of a pledge over the shares to
which it was further stipulated in Section 8.02 that in case of default, the title of the shares shall
ipso facto revert to the Seller (PMO) without need of demand if not remedied by the Buyer (PIC)
within 90 days. This is the subject of the present dispute as PIC failed to pay the instalments due
partly because of the financial crisis affecting Asia at that time. This prompted PIC to file a
prohibition suit before the RTC before the shares would be reverted to PMO alleging that the
conditions constituted a pactum commissorium.
The RTC ruled that indeed the condition set forth in the ARDA constituted a pactum
commissorium which is prohibited by law and that provision is thus void and issued a writ of
preliminary injunction. It was the fact that automatic appropriation of the shares upon default was
provided in the agreement that made it a pactum commissorium despite what PMO claims that it
is a valid agreement between the parties.
This decision was challenged before the CA to which the CA ruled that the ARDA did
not constitute a pactum commissorium as only 1 of 2 elements is present but still declared the
reversion clause invalid as it is contrary to law.
ISSUE:
WON Section 8.02 of the ARDA on ipso facto or automatic reversion of the PPC shares of stock
to PMO in case of default by PIC constitutes pactum commissorium.
HELD:
[Property; Regalian Doctrine vs. Private Rights; Judicial Confirmation of an Imperfect Title]
FACTS: Respondents claim that they are the lawful heirs of the late Maxima Lachica Sin, who
was the owner of a parcel of land. Respondents filed a complaint against Lucio Arquisola, in his
capacity as ANCF, for recovery of possession, quieting of title, and declaration of ownership with
damages. Respondents claim that the land they inherited had been usurped by ANCF, creating
doubts with respect tot their ownership over the land they wish to remove from the ANCF
reservation.
Petitioner countered contending that the land being claimed by the respondents was subject to
Proc. No. 2074 of then Pres. Marcos allocating a certain number of hectares within the area,
which happened to include said portion of respondents alleged property, as civil reservation for
Before the MCTC, respondent heirs presented evidence that they inherited a bigger parcel of land
from their mother, Maxima Sin, who died in the year 1945, who acquired the same by virtue of a
Deed of Sale, and developed the same by planting various kinds of trees, and usufructing the
produce of said land until her death.
A few years after her death, a portion of the said inherited lands was occupied by ANCF and was
converted into a fishpond for an educational purpose. Also, the subject land was a swampy land
until it was converted into a fishpond by ANCF. To assert their ownership, they presented
several tax declarations, the earliest of which was in the year 1945.
MCTC ruled in favor of respondents holding that the disputed property is alienable and
disposable land of public domain. Furthermore, the land covered by Civil Reservation under
Proclamation No. 2074 was classified as timberland only on December 22, 1960. The RTC
affirmed the decision of MCTC, but absolved the ANCF Superintendent, from liability as it was
not shown their was bad faith in the implementation of Proc No. 2074.
The case was elevated to the CA by the petitioners, but was later on dismissed for lack of merit.
ISSUES:
1) WON respondents heirs had private rights to disputed lands despite the same being
certified as timberland.
HELD: The MCTC, RTC rulings are reversed. Thus, the petitioners prayer is granted.
The MCTC, the RTC and the Court of Appeals unanimously held that respondents retain private
rights to the disputed property, thus preventing the application of the above proclamation thereon.
The private right referred to is an alleged imperfect title, which respondents supposedly acquired
by possession of the subject property, through their predecessors-in-interest, for 30 years before it
was declared as a timberland on December 22, 1960.
The requirements for judicial confirmation of imperfect title are found in Section 48 (b) of the
Public Land Act, as amended by Presidential Decree No. 1073, as follows:
Sec. 48. The following described citizens of the Philippines, occupying lands
of the public domain or claiming to own any such lands or an interest therein,
but whose titles have not been perfected or completed, may apply to the Court
of First Instance of the province where the land is located for confirmation of
their claims and the issuance of a certificate of title therefor, under the Land
Registration Act, to wit:
xxx xxx xxx
SECTION 14. Who may apply. The following persons may file in the proper
Court of First Instance an application for registration of title to land, whether
personally or through their duly authorized representatives: TAcSCH
There are 2 requisites for judicial confirmation of imperfect of incomplete title namely:
a) Open, continuous, exclusive, and notorious possession and occupation of the
subject land by himself or thru his predecessors-in-interest under a bona fide
claim of ownership since the immemorial or from June 12 1945;
b) The classification of the land as alienable and disposable land of public domain.
With respect to the second requisite, the courts held that the disputed property was
alienable and disposable before 1960, citing petitioners failure to show concrete
evidence that subject land was declared timberland before its formal classification as such
on said year.
Petitioner contends that by virtue of the Regalian doctrine, all lands of public domain
belong to the State and lands not appearaing to be clearly within private ownership are
presumed to belong to the State.
In the case at bar, Petitioner Republics failure to show competent evidence that land was
declared a timberland before its formal classification in 1960, does not lead to the
presumption that said land is alienable and disposable prior to said date. However, the
presumption is that unclassified lands are inalienable public lands as such held in
previous jurisprudence.
In the case at bar, it is respondents burden to identify a positive act of the government
(i.e. an official proclamation, declassifying inalienable public land to disposable land for
agricultural or other purposes). Since respondents failed to such, the alleged possession
by them and their predecessors-in-interest could never ripen to their private ownership.
Therefore, respondents cannot be considered to have private rights within the purview of
Proc No. 2074 to prevent the application of said proclamation to the subject property.
FACTS:
Petitioner is engaged in the development and sale of real property. It is the owner of, and is
developing and selling, parcels of land within a "newtown" development area known as the Fort
Bonifacio Global City (the Global City), located within the former military camp known as Fort
Bonifacio, Taguig, Metro Manila. The National Government, by virtue of Republic Act No.
7227 and Executive Order No. 40, was the one that conveyed to petitioner these parcels of land
on February 8, 1995.
In May 1996, petitioner commenced developing the Global City, and since October 1996, had
been selling lots to interested buyers. At the time of acquisition, value-added tax (VAT) was not
yet imposed on the sale of real properties. Republic Act No. 7716 (the Expanded Value-Added
Tax [E-VAT] Law), which took effect on January 1, 1996, restructured the VAT system by
further amending pertinent provisions of the National Internal Revenue Code (NIRC). Section
100 of the old NIRC was so amended by including "real properties" in the definition of the term
"goods or properties," thereby subjecting the sale of "real properties" to VAT.
While prior to Republic Act No. 7716, real estate transactions were not subject to VAT, they
became subject to VAT upon the effectivity of said law. Thus, the sale of the parcels of land by
petitioner became subject to a 10% VAT, and this was later increased to 12%, pursuant to
Republic Act No. 9337. Petitioner afterwards became a VAT-registered taxpayer.
On the basis of Section 105 of the NIRC, petitioner claims a transitional or presumptive input
tax credit of 8% ofP71,227,503,200.00, the total value of the real properties listed in its
inventory, or a total input tax credit of P5,698,200,256.00. After the value of the real properties
was reduced due to a reconveyance by petitioner to BCDA of a parcel of land, petitioner claims
that it is entitled to input tax credit in the reduced amount of P4,250,475,000.48.
What petitioner seeks to be refunded are the actual VAT payments made by it in cash, which it
claims were either erroneously paid by or illegally collected from it. Each Claim for Refund is
based on petitioner's position that it is entitled to a transitional input tax credit under Section 105
of the old NIRC, which more than offsets the aforesaid VAT payments On the basis of Section
105 of the NIRC, petitioner claims a transitional or presumptive input tax credit of 8%
ofP71,227,503,200.00, the total value of the real properties listed in its inventory, or a total input
tax credit of P5,698,200,256.00. After the value of the real properties was reduced due to a
reconveyance by petitioner to BCDA of a parcel of land, petitioner claims that it is entitled
to input tax credit in the reduced amount of P4,250,475,000.48.
What petitioner seeks to be refunded are the actual VAT payments made by it in cash, which it
claims were either erroneously paid by or illegally collected from it. Each Claim for Refund is
HELD:
Yes. The Court conclusively held that petitioner is entitled to the 8% transitional input tax on its
beginning inventory of land, which is granted in Section 105 (now Section 111 [A]) of the NIRC,
and granted the refund of the amounts petitioner had paid as output VAT for the different tax
periods in question.
The Court has thus categorically ruled that prior payment of taxes is not required for a
taxpayer to avail of the 8% transitional input tax credit provided in Section 105 of the old
NIRC and that petitioner is entitled to it, despite the fact that petitioner acquired the Global
City property under a tax-free transaction. The Court En Banc held:
Contrary to the view of the CTA and the CA, there is nothing in the
abovequoted provision to indicate that prior payment of taxes is necessary for
the availment of the 8% transitional input tax credit. Obviously, all that is
required is for the taxpayer to file a beginning inventory with the BIR.
To require prior payment of taxes . . . is not only tantamount to judicial legislation but would also
render nugatory the provision in Section 105 of the old NIRC that the transitional input tax credit
shall be "8% of the value of [the beginning] inventory or the actual [VAT] paid on such goods,
materials and supplies, whichever is higher" because the actual VAT (now 12%) paid on the
goods, materials, and supplies would always be higher than the 8% (now 2%) of the beginning
inventory which, following the view of Justice Carpio, would have to exclude all goods,
materials, and supplies where no taxes were paid. Clearly, limiting the value of the beginning
inventory only to goods, materials, and supplies, where prior taxes were paid, was not the
intention of the law. Otherwise, it would have specifically stated that the beginning inventory
excludes goods, materials, and supplies where no taxes were paid.
Pursuant to the electronic messages of its investor-clients, HSBC purchased and paid
Documentary Stamp Tax (DST) from September to December 1997 and also from January to
December 1998 amounting to P19,572,992.10 and P32,904,437.30, respectively.
On August 23, 1999, the Bureau of Internal Revenue (BIR) issued BIR Ruling No. 132-99 to the
effect that instructions or advises from abroad on the management of funds located in the
Philippines which do not involve transfer of funds from abroad are not subject to DST. With the
above BIR Ruling as its basis, HSBC filed on October 8, 1999 an administrative claim for the
refund of the amount of P19,572,992.10 allegedly representing erroneously paid DST to the BIR
for the period covering September to December 1997. Subsequently, on January 31, 2000, HSBC
filed another administrative claim for the refund of the amount of P32,904,437.30 allegedly
representing erroneously paid DST to the BIR for the period covering January to December 1998.
BIR did not act upon HSBCs claims, and so the latter brought it up to the CTA. The CTA ruled
in favor of HSBC and ordered refunds. However, the Court of Appeals reversed both decisions of
the CTA and ruled that the electronic messages of HSBCs investor-clients are subject to DST.
HELD: Yes. The electronic messages of HSBCs investor-clients containing instructions to debit
their respective local or foreign currency accounts in the Philippines and pay a certain named
recipient also residing in the Philippines is not the transaction contemplated under Section 181 of
the Tax Code
RATIO:
The DST under Section 181 of the Tax Code is levied on the acceptance or payment of a
bill of exchange purporting to be drawn in a foreign country but payable in the Philippines and
that a bill of exchange is an unconditional order in writing addressed by one person to another,
signed by the person giving it, requiring the person to whom it is addressed to pay on demand or
at a fixed or determinable future time a sum certain in money to order or to bearer. A bill of
exchange is one of two general forms of negotiable instruments under the Negotiable Instruments
Law.
The Court favorably adopts the finding of the CTA that the electronic messages cannot
be considered negotiable instruments as they lack the feature of negotiability, which, is the ability
The electronic messages are not signed by the investor-clients as supposed drawers of a
bill of exchange; they do not contain an unconditional order to pay a sum certain in money as the
payment is supposed to come from a specific fund or account of the investor-clients; and, they are
not payable to order or bearer but to a specifically designated third party. Thus, the electronic
messages are not bills of exchange. As there was no bill of exchange or order for the payment
drawn abroad and made payable here in the Philippines, there could have been no acceptance or
payment that will trigger the imposition of the DST under Section 181 of the Tax Code.
DST is an excise tax on the exercise of a right or privilege to transfer obligations, rights
or properties incident thereto. Under Section 173 of the 1997 Tax Code, the persons primarily
liable for the payment of the DST are those (1) making, (2) signing, (3) issuing, (4) accepting, or
(5) transferring the taxable documents, instruments or papers.
Acceptance applies only to bills of exchange. Acceptance of a bill of exchange has a very
definite meaning in law.
The electronic messages received by HSBC from its investor-clients abroad instructing
the former to debit the latter's local and foreign currency accounts and to pay the purchase price
of shares of stock or investment in securities do not properly qualify as either presentment for
acceptance or presentment for payment. There being neither presentment for acceptance nor
presentment for payment, then there was no acceptance or payment that could have been
subjected to DST to speak of.
Indeed, there had been no acceptance o f a bill o f exchange or order for the payment of
money on the part of HSBC. To reiterate, there was no bill of exchange or order for the payment
drawn abroad and made payable here in the Philippines. Thus, there was no acceptance as the
electronic messages did not constitute the written and signed manifestation of HSBC to a drawer's
order to pay money. As HSBC could not have been an acceptor, then it could not have made any
3. CITY OF MANILA, Hon. Alredo S. Lim vs. HON. ANGEL VALERA, and Malaysian
Airline System [G.R. No. 120051. December 10, 2014.] (Consolidated case)
[Local Government Tax]
Facts:
The City of Manila enacted The Manila Revenue Code, otherwise known as Revenue Code of the
City of Manila. It was later amended, imposing a lower business tax rate as contained in section
21 paragraphs B which states that:
The City of Manila counters that the ordinance is valid. According to them, it is based on the
exempting clause at the beginning of Section 133, in conjunction with Section 143 (h), of
the LGC. More so, although the LGC proscribes the imposition of business taxes by the LGUs on
transportation business, a latter provision grants them the general power to tax.
The relevant provisions of the Code are reproduced below:
SEC. 133. Common Limitations on the Taxing Powers of Local
Government Units. Unless otherwise provided herein, the exercise
Issue:
Whether or not Section 21 (B) of the Manila Revenue Code is valid.
Ruling:
Section 21 (B) of the Manila Revenue Code, as amended, was null and void for being beyond the
power of the City of Manila and its public officials to enact, approve, and implement under
the LGC.
FIRST: The power of a province to tax is limited to the extent that such power is delegated to it
either by the Constitution or by statute. Among the common limitations on the taxing power of
LGUs is Section 133 (j) of the LGC, which states that "Unless otherwise provided herein, the
taxing power of LGUs shall not extend to taxes on the gross receipts of transportation contractors
and persons engaged in the transportation of passengers or freight by hire and common carriers
by air, land or water, except as provided in this Code.
Section 133 (j) of the LGC clearly and unambiguously proscribes LGUs from imposing any tax
on the gross receipts of transportation contractors, persons engaged in the transportation of
passengers or freight by hire, and common carriers by air, land, or water.
SECOND: Section 133 (j) of the LGC prevails over Section 143 (h) of the same Code, and
Section 21 (B) of the Manila Revenue Code, as amended, was manifestly in contravention of the
former. Section 133 (j) of the LGC is a specific provision that explicitly withholds from any LGU
the power to tax the gross receipts of transportation contractors, persons engaged in the
transportation of passengers or freight by hire, and common carriers by air, land, or water.
In contrast, Section 143 of the LGC defines the general power of the municipality (as well as the
city, if read in relation to Section 151 of the same Code) to tax businesses within its jurisdiction.
The omnibus grant of power to municipalities and cities under Section 143 (h) of the LGC cannot
overcome the specific exception/exemption in Section 133 (j) of the same Code. This is in accord
with the rule on statutory construction that specific provisions must prevail over general ones. A
special and specific provision prevails over a general provision irrespective of their relative
1. BRO. BERNARD OCA, FSC, BRO. DENNIS MAGBANUA, FSC, MRS. CIRILA
MOJICA, MRS. JOSEFINA PASCUAL, AND ST. FRANCIS SCHOOL OF GENERAL
TRIAS, CAVITE, INC. vs. LAURITA CUSTODIO.
G.R. NO. 174996. DECEMBER 3, 2014.
[Status Quo Order in Intra-corporate Case; When and How Issued]
FACTS:
Petitioner St. Francis School of General Trias, Cavite, Inc. (SFS) is a non-stock
and non-profit educational institution. Petitioners Oca, Magnaua, Mojica and Pascual are
current members of the Board of Trustees of SFS. Private respondent was one of the
incorporators of SFS and served also as a board member.
On September 8, 1988, to formalize the relationship between the De La Salle
Greenhills (DLSG) and SFS, a Memorandum of Agreement (MOA) was executed.
Through this agreement, DLSG exercised supervisory powers over the Schools
academic affairs. Pursuant to the terms of the MOA, DLSG appointed supervisors who sit
in the meetings of the Board of Trustees without any voting rights. On September 8,
1998, petitioner Bro. Bernard Oca was appointed as a DLSG supervisor. From then Bro.
Oca also served as a member of the Board of Trustees and President of the School. Bro.
Dennis Magbanua was also appointed as DLSG supervisor and also as a Treasurer of the
School.
Custodio challenges the validity of the membership of the DLSG Brothers and
their purported election as officers of the School. The legality of the membership and
election of the DLSG Brothers is the main issue of the case in the lower court. Custodio
alleges that the composition of the membership of the School had no basis there being no
formal admission as members nor election as officers. The legality of the membership
and assumption as officers of the DLSG Brothers was questioned by Custodio following
a disagreement regarding a proposed MOA that would replace the existing MOA with the
DLSG Brothers and her removal as Curriculum Administrator through the Board of
Trustee[s].
On July 8, 2002, the Board of Trustees of St. Francis School resolved to remove
respondent Laurita Custodio as a member of the Board of Trustees and as a member of
the Corporation pursuant to Sections 28 and 91 of the Corporation Code as indicated in
Resolution No. 011-2002. In reaction to her removal, respondent filed with the trial court,
on October 3, 2002, a Complaint with Prayer for the Issuance of a Preliminary Injunction
against petitioners again assailing the legality of the membership of the Board of Trustees
of St. Francis School.
After a series of pleadings and motions, the trial court, acting favorably on private
respondents October 9, 2002 Manifestation and Motion issued a Status Quo Order dated
August 21, 2003 which permitted respondent to continue discharging her functions as
school director and curriculum administrator as well as those who are presently and
(consolidated case)
Facts:
Respondent Wilfred N. Chiok (Chiok) had been engaged in dollar trading for several
years. He usually buys dollars from Gonzalo B. Nuguid (Nuguid) at the exchange rate
prevailing on the date of the sale. Chiok pays Nuguid either in cash or manager's check,
to be picked up by the latter or deposited in the latter's bank account. Nuguid delivers the
dollars either on the same day or on a later date as may be agreed upon between them, up
to a week later. Chiok and Nuguid had been dealing in this manner for about six to eight
years, with their transactions running into millions of pesos. For this purpose, Chiok
maintained accounts with petitioners Metropolitan Bank and Trust Company
(Metrobank) and Global Business Bank, Inc. (Global Bank), the latter being then
referred to as the Asian Banking Corporation (Asian Bank). Chiok likewise entered into a
Bills Purchase Line Agreement (BPLA) with Asian Bank. Under the BPLA, checks
drawn in favor of, or negotiated to, Chiok may be purchased by Asian Bank. Upon such
purchase, Chiok receives a discounted cash equivalent of the amount of the check earlier
than the normal clearing period.
On July 5, 1995, pursuant to the BPLA, Asian Bank "bills purchased" Security Bank &
Trust Company (SBTC) Manager's Check (MC) No. 037364 in the amount of
P25,500,000.00 issued in the name of Chiok, and credited the same amount to the latter's
Savings Account No. 2-007-03-00201-3.
On the same day, July 5, 1995, Asian Bank issued MC No. 025935 in the amount
of P7,550,000.00 and MC No. 025939 in the amount of P10,905,350.00 to
Gonzalo Bernardo, who is the same person as Gonzalo B. Nuguid. The two Asian
Bank manager's checks, with a total value of P18,455,350.00 were issued
pursuant to Chiok's instruction and was debited from his account. Likewise upon
Chiok's application, Metrobank issued Cashier's Check (CC) No. 003380 in the
amount of P7,613,000.00 in the name of Gonzalo Bernardo. The same was
debited from Chiok's Savings Account No. 154-42504955.
Chiok then deposited the three checks (Asian Bank MC Nos. 025935 and 025939,
and Metrobank CC No. 003380), with an aggregate value of P26,068,350.00 in
Nuguid's account with Far East Bank & Trust Company (FEBTC), the
predecessor-in-interest of petitioner Bank of the Philippine Islands (BPI). Nuguid
was supposed to deliver US$1,022,288.50, 4 the dollar equivalent of the three
checks as agreed upon, in the afternoon of the same day. Nuguid, however, failed
to do so, prompting Chiok to request that payment on the three checks be stopped.
The RTC went on to rule that manager's checks and cashier's checks may be the
subject of a Stop Payment Order from the purchaser on the basis of the payee's
contractual breach.
According to the RTC, both manager's and cashier's checks are still subject to regular
clearing under the regulations of the Bangko Sentral ng Pilipinas. Since manager's and
cashier's checks are the subject of regular clearing, they may consequently be refused for
cause by the drawee, which refusal is in fact provided for in the PCHC Rule Book.
Issues:
1. WON payment of manager's and cashier's checks are subject to the condition that the
payee thereof should comply with his obligations to the purchaser of the checks.
2. Whether or not the purchaser of manager's and cashier's checks has the right to have
the checks cancelled by filing an action for rescission of its contract with the payee.
Held:
1.
The Supreme Court held that the RTC effectively ruled that payment of manager's and
cashier's checks are subject to the condition that the payee thereof complies with his
obligations to the purchaser of the checks:
The dedication of such
checks pursuant to specific reciprocal undertakings between their
purchasers and payees authorizes rescission by the former to prevent
substantial and material damage to themselves, which authority includes
stopping the payment of the checks.
Moreover, it seems to be fallacious to hold that the unconditional
payment of manager's and cashier's checks is the rule. To begin with,
bothmanager's and cashier's checks are still subject to regular clearing
under the regulations of the Bangko Sentral ng Pilipinas, a fact borne
out by the BSPmanual for banks and intermediaries, which provides,
among others, in its Section 1603.1, c, as follows:
xxx xxx xxx
c. Items for clearing. All checks and documents payable on demand and drawn
against a
bank/branch, institution or entity allowed to clear may be exchanged through the
Clearing Office in Manila and the Regional Clearing Units in regional clearing
centers designated by the Central Bank.
But The Supreme Court also held that the RTC made an error when it said that:
It goes without saying that under the aforecited clearing rule[,] the enumeration of
causes to return checks is not exclusive but may include other causes which are
consistent with long standing and accepted banking practice.
Furthermore, under the principle of ejusdem generis, where a statute describes things of a
particular class or kind accompanied by words of a generic character, the generic word
will usually be limited to things of a similar nature with those particularly enumerated,
unless there be something in the context of the statute which would repel such
inference. Thus, any long standing and accepted banking practice which can be
considered as a valid cause to return manager's or cashier's checks should be of a similar
nature to the enumerated cause applicable to manager's or cashier's checks: material
alteration. As stated above, an example of a similar cause is the presentation of a
counterfeit check.
2.
Reciprocal obligations are those which arise from the same cause, and in which each
party is a debtor and a creditor of the other, such that the obligation of one is dependent
upon the obligation of the other. They are to be performed simultaneously such that the
performance of one is conditioned upon the simultaneous fulfillment of the other. When
Nuguid failed to deliver the agreed amount to Chiok, the latter had a cause of action
against Nuguid to ask for the rescission of their contract. On the other hand, Chiok did
not have a cause of action against Metrobank and Global Bank that would allow him to
rescind the contracts of sale of the manager's or cashier's checks, which would have
resulted in the crediting of the amounts thereof back to his accounts.
Otherwise stated, the right of rescission under Article 1191 of the Civil Code can only be
exercised in accordance with the principle of relativity of contracts under Article 1131 of
the same code, which provides:
Art. 1311. Contracts take effect only between the parties, their assigns and heirs,
except in case where the rights and obligations arising from the contract are not
transmissible by their nature, or by stipulation or by provision of law.
In several cases, this Court has ruled that under the civil law principle of relativity of
contracts under Article 1131, contracts can only bind the parties who entered into it, and
it cannot favor or prejudice a third person, even if he is aware of such contract and has
acted with knowledge thereof. 44 Metrobank and Global Bank are not parties to the
contract to buy foreign currency between Chiok and Nuguid. Therefore, they are not
[Statutory Rape]
FACTS:
The information of Plaintiff reads, That on or about September 12, 2004, in the City of Cavite,
Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named
accused, being then the stepfather of one [AAA], a minor, 9 years of age, with force and
intimidation, did, then and there, willfully, unlawfully and feloniously had carnal knowledge with
said minor, [AAA], without her consent and against her will.
In his defense, [accused-appellant] interposed the lone defense of alibi, alleging that he was not in
their house on the day of the incident but was at work as a cook in a restaurant, less than a
kilometer or about a 30-minute walk away from their house. [Accused-appellant] testified that he
never had the chance to be with the victim on the day in question since his work was from 3:00
oclock in the afternoon to 2:00 oclock in the morning of the following day.
ISSUE:
RULING:
Accused Clavero is guilty beyond reasonable doubt of the crime of RAPE as defined and
punished under paragraph (1), (d) Article 266-A of the Revised Penal Code, as amended by RA
8363, and accordingly sentencing him to suffer the penalty of reclusion perpetua and to
indemnify the victim [AAA] in the amount of P50,000.00 as civil indemnity, the amount of
P50,000.00 as moral damages, and the amount of P35,000 as exemplary damages with interest at
the legal rate of 6% per annum from the date of finality of this judgment.
Under Article 266-A(1) of the Revised Penal Code, as amended by Republic Act No. 8353, the
crime of rape is committed by a man having carnal knowledge of a woman under any of the
following circumstances: (a) through force, threat or intimidation; (b) when the offended party is
deprived of reason or otherwise unconscious; (c) by means of fraudulent machination or grave
abuse of authority; and (d) when the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned above be present.
Rape under paragraph 3 of this article is termed statutory rape as it departs from the usual modes
of committing rape. What the law punishes in statutory rape is carnal knowledge of a woman
below twelve (12) years old. Thus, force, intimidation and physical evidence of injury are not
relevant considerations; the only subject of inquiry is the age of the woman and whether carnal
knowledge took place. The law presumes that the victim does not and cannot have a will of her
own on account of her tender years; the childs consent is immaterial because of her presumed
incapacity to discern good from evil.
It is settled jurisprudence that testimonies of child victims are given full weight and credit,
because when a woman, more so if she is a minor, says that she has been raped, she says in effect
all that is necessary to show that rape was committed. Youth and immaturity are generally badges
of truth and sincerity.
Thus, Accused Clavero is guilty beyond reasonable doubt of the crime of RAPE as defined and
punished under paragraph (1), (d) Article 266-A of the Revised Penal Code, as amended by RA
8363, and accordingly sentencing him to suffer the penalty of reclusion perpetua and to
indemnify the victim [AAA] in the amount of P50,000.00 as civil indemnity, the amount of
P50,000.00 as moral damages, and the amount of P35,000 as exemplary damages with interest at
the legal rate of 6% per annum from the date of finality of this judgment.
2. PEOPLE OF THE PHILIPPINES vs. AURELIO JASTIVA. [G.R. No. 199268. February
12, 2014.]
[Rape]
FACTS:
Plaintiff filed a criminal case against Accused with rape penalized under Article 266-A in relation
to Article 266-B of the Revised Penal Code, as amended.
The information reads, that in the evening, on or about the 3rd day of August, (sic) 2004, in x x
x, Zamboanga del Norte, within the jurisdiction of this Honorable Court, the said accused, armed
with a knife, by means of force and intimidation, did then and there willfully, unlawfully and
feloniously succeed in having sexual intercourse with one [AAA], a 67-year-old married, against
her will and without her consent.
In his defense, Accused argued (i) that "[t]he identity of the appellant was not established," x x x
"considering that the private complainant herself admitted that the room where the alleged
incident happened was dark;" (ii) that "the witness could not possibly identify the real culprit"
because she testified that "she only saw his back, albeit the alleged moonlight;" (iii) that "private
complainant even opened the door for her rapist to let the latter go out of her house x x x private
complainant had all the opportunity to shout for help but she did not do so;" (iv) that the private
complainants two conflicting statements in her sworn affidavit that appellant Jastiva removed
her panty and inserted his penis in her vagina vis--vis her testimony in open court that appellant
ISSUE:
RULING:
Accused Jastiva is GUILTY beyond reasonable doubt of the crime of simple rape and is
sentenced to suffer the penalty of reclusion perpetua, and ordered to pay AAA the amounts of
P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary
damages. Appellant Aurelio Jastiva is further ordered to pay legal interest on all damages
awarded in this case at the rate of six percent (6%) per annum from the date of finality of this
decision until fully paid.
Article 266-A of the Revised Penal Code defines the crime of rape, viz:
From the above-quoted provision of law, the elements of rape (under paragraph 1, subparagraph
a) are as follows: (1) that the offender is a man; (2) that the offender had carnal knowledge of a
woman; and (3) that such act is accomplished by using force, (threat) or intimidation.
The RTC and the Court of Appeals were one in finding that appellant Jastiva had carnal
knowledge of AAA against the latters will through force and intimidation. Despite his vigorous
protestations, this Court agrees in the finding that the crime of rape committed by appellant
Jastiva against AAA was proved by the prosecution beyond reasonable doubt on the basis of the
following:
a) AAAs credible, positive and categorical testimony relative to the circumstances
surrounding her rape;
b) AAAs positive identification of appellant Jastiva as the one who raped her;
c) The physical evidence consistent with AAAs assertion that she was raped; and
d) The absence of ill motive on the part of AAA in filing the complaint against appellant
Jastiva.
In this case, appellant Jastiva insistently makes an issue out of AAAs failure to shout for help or
struggle against him, which for him does nothing but erode her credibility. This Court, however,
does not agree. It does not follow that because AAA failed to shout for help or struggle against
her attacker means that she could not have been raped. The force, violence, or intimidation in
rape is a relative term, depending not only on the age, size, and strength of the parties but also on
More to the point, physical resistance is not the sole test to determine whether a woman
involuntarily succumbed to the lust of an accused. Some may offer strong resistance while others
may be too intimidated to offer any resistance at all, just like what happened in this case. Thus,
the law does not impose a burden on the rape victim to prove resistance. What needs only to be
proved by the prosecution is the use of force or intimidation by the accused in having sexual
intercourse with the victim which it did in the case at bar.
Thus, Accused Jastiva is GUILTY beyond reasonable doubt of the crime of simple rape and is
sentenced to suffer the penalty of reclusion perpetua, and ordered to pay AAA the amounts of
P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary
damages. Appellant Aurelio Jastiva is further ordered to pay legal interest on all damages
awarded in this case at the rate of six percent (6%) per annum from the date of finality of this
decision until fully paid.
3. PEOPLE OF THE PHILIPPINES vs. MERVIN GAHI. [G.R. No. 202976. February 19,
2014.]
[Rape]
FACTS:
Plaintiff filed a criminal case for rape against Accused under Article 266-A of the Revised Penal
Code.
The information reads, That on or about the 11th day of March, 2002, in the Municipality of
Capoocan, Province of Leyte, Philippines and within the jurisdiction of this Honorable Court, the
above-named accused, with deliberate intent and with lewd designs and by use of force and
intimidation, armed with a knife, did then and there willfully, unlawfully and feloniously had
carnal knowledge with (sic) [AAA] against her will and a 16[-]year old girl, to her damage and
prejudice.
In his defense, Accused Mervin Gahi, 35 years old, married, a farmer and a resident of Brgy.
Visares, Capoocan, Leyte argued that AAAs incredible and inconsistent testimony does not form
sufficient basis for him to be convicted of two counts of rape. He argues that his testimony along
with that of other defense witnesses should have been accorded greater weight and credibility. He
faults the trial court for ignoring the extended time period between the alleged rapes and the birth
of AAAs baby; and for disbelieving Jackie Gucelas testimony which stated that the latter was
AAAs lover and the father of AAAs child, contrary to AAAs claim that the baby was the fruit
of appellants unlawful carnal congress with her. He also insists that his alibi should have
ISSUE:
RULING:
Accused Gahi is GUILTY, beyond reasonable doubt for two counts of RAPE charged under
Criminal Cases No. 4202 and 4203, and sentenced to suffer the penalty of reclusion perpetua for
each count. He is also ordered to pay civil indemnity of Fifty Thousand Pesos (P50,000.00),
exemplary damages of Thirty Thousand Pesos (P30,000.00), and interest on all damages at the
legal rate of six percent ( 6%) per annum from the date of finality of this judgment.
Article 266-A of the Revised Penal Code defines when and how the felony of rape is committed,
to wit:
Rape is committed
1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
(a) Through force, threat or intimidation;
(b) When the offended party is deprived of reason or is otherwise unconscious;
(c) By means of fraudulent machination or grave abuse of authority;
(d) When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another persons mouth or anal orifice,
or any instrument or object, into the genital or anal orifice of another person.
Appellant questions the weighty trust placed by the trial court on the singular and uncorroborated
testimony of AAA as the basis for his conviction. On this point, we would like to remind
appellant that it is a fundamental principle in jurisprudence involving rape that the accused may
be convicted based solely on the testimony of the victim, provided that such testimony is credible,
natural, convincing and consistent with human nature and the normal course of things.
It is likewise jurisprudentially settled that when a woman says she has been raped, she says in
effect all that is necessary to show that she has been raped and her testimony alone is sufficient if
it satisfies the exacting standard of credibility needed to convict the accused. Thus, in this
jurisdiction, the fate of the accused in a rape case, ultimately and oftentimes, hinges on the
credibility of the victims testimony.
In this case, anent the inconsistent statements made by AAA in her testimony which were pointed
out by appellant, we agree with the assessment made by the Court of Appeals that these are but
minor discrepancies that do little to affect the central issue of rape which is involved in this case.
Instead of diminishing AAAs credibility, such variance on minor details has the net effect of
bolstering the truthfulness of AAAs accusations. We have constantly declared that a few
Thus, Accused Gahi is GUILTY, beyond reasonable doubt for two counts of RAPE charged
under Criminal Cases No. 4202 and 4203, and sentenced to suffer the penalty of reclusion
perpetua for each count. He is also ordered to pay civil indemnity of Fifty Thousand Pesos
(P50,000.00), exemplary damages of Thirty Thousand Pesos (P30,000.00), and interest on all
damages at the legal rate of six percent ( 6%) per annum from the date of finality of this
judgment.
[Rape]
FACTS:
On or about the 22nd day of September 2001, in Barangay San Narciso, Municipality of Victoria,
Province of Oriental Mindoro, Philippines, and within the jurisdiction of this Honorable Court,
the accused, Abat, motivated by lust and lewd desire, and by means of force and intimidation,
willfully, unlawfully and feloniously did lie, and succeeded in having carnal knowledge of one
[AAA], a fifteen (15)[-] year-old girl, his niece, against her will and without her consent, to the
damage and prejudice of the latter.
Contrary to Article 335 in relation to R.A. 7659 & 8353.
The defense of the respondent was that He and AAA considered themselves as lovers.
She frequently visited him during Saturdays and Sundays. AAA's parents filed a case
against him when they discovered she was pregnant. And because of a misunderstanding
between AAA's parents and his mother regarding a piece of property.
Abat is alleging that he and AAA had a romantic relationship, which eventually turned sour when
AAA started asking for money from him all the time. In support of this claim, he cites the birth
date of the baby, who was supposedly the product of his crime. Abat says that if the baby was
born in April 2002, then his version of the story, that they had consensual sex in July 2001, is
more credible than her story of rape in September 2001; otherwise, the baby would have been
premature.
ISSUE: Whether or not pregnancy is relevant in the crime of rape.
Held: No. In essence, Abat is questioning the lower courts' reliance on AAA's credibility, which
led to his conviction. It is well settled that the evaluation of the credibility of witnesses and their
testimonies is a matter best undertaken by the trial court because of its unique opportunity to
[ Rape ]
FACTS:
The accused-appellant Milan Roxas y Aguiluz was found guilty of five counts of rape against
AAA, a minor who was 9 years old at the time of the first rape and 10 years old at the time of the
succeeding four rapes by the trial court and the CA.
The accused-appellant claims that he must not be held criminally liable on the ground of
minority, insanity or imbecility, as Dr. Agnes Aglipay, Regional Psychiatrist of the Bureau of Jail
HELD: NO. In the matter of assigning criminal responsibility, Section 6 of Republic Act No.
9344 is explicit in providing that:
SEC. 6.Minimum Age of Criminal Responsibility. A child fifteen (15) years
of age or under at the time of the commission of the offense shall be exempt
from criminal liability. However, the child shall be subjected to an intervention
program pursuant to Section 20 of this Act.
A child is deemed to be fifteen (15) years of age on the day of the fifteenth
anniversary of his/her birthdate.
A child above fifteen (15) years but below eighteen (18) years of age shall
likewise be exempt from criminal liability and be subjected to an intervention
program, unless he/she has acted with discernment, in which case, such child
shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with
existing laws. (Emphasis supplied.)
In determining age for purposes of exemption from criminal liability, Section 6 clearly refers to
the age as determined by the anniversary of one's birth date, and not the mental age as argued by
accused-appellant Roxas. When the law is clear and free from any doubt or ambiguity, there is no
room for construction or interpretation. Only when the law is ambiguous or of doubtful meaning
may the court interpret or construe its true intent.
[Murder; Alibi as weak defense; Treachery; Abuse of Superior Strength absorbed in Treachery]
FACTS:
Accused-appellant Aquino was charged with Murder and violation of the Anti-
Carnapping Law. He was convicted on both accounts by the trial court and court of appeals.
Hence this appeal.
Around 8:30 in the evening of September 5, 2002, the victim Jesus Lita accompanied by
his 10-year old son rode their tricycle. Upon reaching the San Jose del Monte Elementary School,
appellant Joel Aquino together with Noynoy Almoguera a.k.a. Negro, Rodnal, Bing, John Doe
and Peter Doe boarded the tricycle. They proceeded to appellants nipa hut. They had a shabu
session upon reaching the hut while the son was watching t.v.
After using shabu, payment of 500 pesos was demanded from the victim by Almoguera.
However, the victim had no money to pay. They all boarded the tricycle once again, Almoguera
and John Doe were seated at the back of the victim while appellant was seated in the sidecar with
the son. Suddenly, appellant pointed a knife at the son while Almoguera stabbed the victims side.
They transferred his body to the sidecar and drove to a friends house where they again stabbed
the victim. Afterwards they dumped the body of the victim in a grassy area. The son was allowed
to go home the next day despite witnessing the events.
The body was found and an investigation conducted. The son was able to identify the
accused-appellant as one of the perpetrators of the killing of his father. The accused-appellant on
the other hand interposed the defense of alibi stating that he was working as a laborer/mason in
the construction of his uncles house in Cavite and that they stayed in the night at the barracks of
the construction site that night of the incident. He also denied knowing neither the victim nor the
son and denied using illegal drugs. He also stated that he was the one cooking the breakfast the
morning after the incident to which his co-workers corroborated that testimony.
The trial court found him guilty of murder after appreciating the circumstance of
treachery which attended the killing. The Court of Appeals likewise found him guilty.
Appellant challenges his conviction by arguing that the trial court was not able to prove
his guilt beyond reasonable doubt on because it only relied the incredible and inconsistent
testimony of the son, Jefferson Lita the sole eyewitness presented by the prosecution. He
contends that if Jefferson was indeed present during the murder of his father, Jesus Lita, then it
would be highly inconceivable that Jefferson would have lived to tell that tale since he would
most likely be also killed by the perpetrators being an eyewitness to the crime. Furthermore,
appellant maintains that he cannot possibly have committed the crimes attributed to him because,
on the night that Jesus was murdered, he was asleep in the barracks of a construction site
somewhere in Dasmarias City, Cavite.
ISSUE:
WON the trial court erred in finding that treachery attended the killing.
HELD:
Accused-appellant is guilty of the crime of murder.
RATIO:
[Rape]
FACTS:
Five informations were filed with the Regional Trial Court of Naga City, charging Burce of rape
against his minor daughter, AAA. The five cases were consolidated and jointly tried. Burce
pleaded not guilty to all five rape charges. The prosecution presented as witnesses during trial: (1)
AAA, the victim; (2) BBB, AAAs mother and Burces wife; (3) CCC, AAAs sister-in-law; and
(4) Dr. Raoul Alcantara (Alcantara), physician-medico legal officer of the National Bureau of
Investigation. Alcantaras report was also presented stating that (1) no extra-genital physical
injury was noted at the time of examination, and (2) the medico-genital findings show definitive
signs of previous blunt force injury to the hymen. Evidence for the defense solely consisted of
accused-appellant Burces testimony.
The RTC rendered its decision on April 2, 2009, convicting Burce of rape only in Criminal Case
No. RTC08-0169 and acquitting him of the four other charges, as the prosecution failed to
establish the guilt of the accused beyond reasonable doubt. Burce appealed his conviction before
the Court of Appeals. The Court of Appeals affirmed with modification the RTC judgment of
conviction against Burce.
ISSUE: Whether or not the Court of Appeals gravely erred in finding the accused-appellant
guilty beyond reasonable doubt of one count of qualified rape.
The Court stresses that each and every charge of rape is a separate and distinct crime so that each
of them should be proven beyond reasonable doubt. The prosecution is required to establish, by
the necessary quantum of proof, the elements of rape for each charge. Therefore, Burces
acquittal in the four other charges does not necessarily result in his acquittal in RTC08-0169.
While the prosecution presented the same witnesses for all the cases, the content, credibility, and
weight of their testimonies differ for each charge.
Burces conviction in RTC08-0169 is dependent upon AAAs testimony recounting how her
father raped her on December 10, 2005. After a careful review, the Court is convinced that
AAAs unwavering narration of how she was raped on December 10, 2005, together with her
positive identification of her own father as the one who raped her, are worthy of belief.
Burces defenses consisted of denial and alibi. He claims he was out of the house at the time of
the alleged rape, driving a tricycle to make a living. 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. Burce failed to demonstrate that it was physically impossible for him to have
been home on the night of December 10, 2005. Not only was his alibi uncorroborated, his work as
tricycle driver would have allowed him to go home with ease anytime he wanted. BBB, Burces
wife testified that Burce would go home late at night to sleep and just leave early in the morning.
Burces carnal knowledge of AAA was established by AAAs testimony, corroborated by Dr.
Alcantaras finding of blunt force injuries to AAAs hymen, probably caused by penetration by
an erect male organ. Also based on AAAs testimony, Burce used force against her by holding
8. PEOPLE vs. CASTILLO Y VALENCIA [G.R. No. 193666. April 19, 2014.]
[Rape]
FACTS:
Two informations for sexual assault were filed against accused-appellant Marlon Castillo
(Castillo). The informations alleged that Castillo sexually assaulted his daughter, Nene, sometime
in 1996-1997 and in 2000, by rubbing his penis on the labia of the vagina of complainant, licking
her vagina and breast and inserting his finger inside her vagina. Castillo pleaded not guilty to the
charge when arraigned.
Nene could no longer remember the exact date of her ordeal at the hands of Castillo. All she
remembered was that she was six years old at the time. Her defilement was repeated several
times, along with threats from Castillo to beat Nene and to kill her mother and brother if Nene
would resist and cry out loud. Nene told her mother about Castillos bestiality and they filed a
complaint against Castillo with the NBI which led to his detention. However, Nene and her
mother desisted from pursuing the complaint. Sometime in November 2000, Castillo abused Nene
again by rubbing his penis against her vagina.
After weighing the respective evidence of the parties, the trial court found the prosecutions
evidence credible and sufficient to sustain the conviction of the accused-appellant. In its decision,
dated April 11, 2007, the trial court found Castillo guilty beyond reasonable doubt of two counts
of qualified rape by sexual intercourse under Article 266-A(1) of the Revised Penal Code. It
stated that the accused-appellant was guilty of rape based on prevailing jurisprudence which
effects that the slightest introduction of the male organ into the labia of the victim already
constitutes rape.
Castillo appealed his case to the Court of Appeals, contending that the testimony of Nene
contained inconsistencies, improbabilities, ambiguities, and contradictions. He contended that
Nene was inconsistent with facts regarding her age at the time of the crimes. He also argued that
he could not have raped Nene as she herself did not feel any pain nor did her genitalia bleed. The
Court of Appeals, in its decision dated April 23, 2010 rejected Castillos contentions.
ISSUE: Whether or not the testimony of Nene should be given credence despite some
inconsistencies.
RULING: The Court denies the accused-appellants appeal. The alleged contradiction and
inconsistencies refer to trivial matters. They are not material to the issue of whether or not the
accused-appellant committed the acts for which he has been charged, tried and convicted.
Error-free testimony cannot be expected, most especially when a witness is recounting details
of a harrowing experience. Nene was only ten years old when she answered questions
contained in the Sinumpaang Salaysay and she was only fourteen years old when she
testified. Circumstance of time, place, and even the presence of other persons are not
considerations in the commission of rape.
Proof of hymenal laceration is not an element of rape. Nor is proof of genital bleeding. An
intact hymen does not negate a finding that the victim was raped. Penetration of the penis by
entry into the lips of the vagina, even without laceration of the hymen, is enough to constitute
rape, and even the briefest of contact is deemed rape. Besides, rape can now be committed
even without sexual intercourse, that is, by sexual assault.
Therefore, the trial and the appellate courts correctly ruled that Nenes testimony against the
accused-appellant is credible enough and sufficient enough to sustain the accused-appellants
conviction. Nene was clear and categorical in her testimony that her father, the accused-
appellant, with grave abuse of authority, threat and intimidation, sexually violated her in the
two instances subject of the informations filed.
There is a need to clarify the crimes for which the accused-appellant has been convicted.
In Criminal Case No. Q-03-119452, the accused-appellant can be held liable for either of two
crimes: (1) qualified statutory rape by sexual intercourse under Article 266-A(l)(d) of the
Revised Penal Code, as amended, which punishes as rape a mans carnal knowledge of a
woman under twelve years of age, even though there was no force, threat, intimidation, or
grave abuse of authority, or (2) qualified statutory rape by sexual assault under Article 266-
A(2) in connection with sub-paragraph (d) of the same Article 266-A(l). Both are qualified by
the first qualifying circumstance under Article 266-B of the Revised Penal Code, as amended.
The trial court convicted the accused-appellant for qualified statutory rape by sexual
intercourse, finding that the accused-appellants sex organ penetrated Nenes genitalia. Such
finding is, however, mistaken. What Nene testified to was that her father, the accused-
appellant, rubbed his penis against her vagina. However, such rubbing of the penis against
the vagina does not amount to penetration which would consummate the rape by sexual
intercourse.
The Court is aware of cases where the conviction of the accused for consummated rape has
been upheld even if the victim testified that there was no penetration and the accused simply
rubbed his penis in the victims vagina. However, in those cases, there were pieces of
evidence such as the pain felt by the victim, injury to the sex organ of the victim (e.g.,
hymenal laceration), and bleeding of the victims genitalia. Here, the victim not only
categorically stated that there was no penetration, she also stated that she felt no pain and her
vagina did not bleed. Thus, the appellant cannot be convicted for qualified rape by sexual
intercourse.
While the Court of Appeals correctly convicted the accused-appellant for rape by sexual
assault, it erred in affirming the penalty imposed by the trial court reclusion perpetua,
The conviction of the accused-appellant in Criminal Case No. Q-03-119453 should also be
modified. Nenes statements in her Sinumpaang Salaysay and testimony at the witness stand
established that, in November 2000, her father rubbed his sex organ against hers. This cannot
be qualified rape by sexual assault. As the fact of penetration was not clearly established, this
is only attempted qualified rape by sexual intercourse. In this case, the accused-appellant
commenced the act of having sexual intercourse with Nene but failed to make a penetration
into her sexual organ not because of his spontaneous desistance but because of the relatively
small size of her orifice as indicated in the medical findings conducted upon Nene after the
November 2000 incident.
[Rape]
FACTS: Accused appellant was charged with statutory rape against his biological niece (AAA),
and an 8-year old minor. That one qualifying circumstance of the imposition of death penalty is
present in this case as follows:
Victim AAA is a minor at the time of the commission of the rape, and the offender is a
relative by consanguinity w/in the 3rd civil degree.
Upon the accuseds arraignment, the same pleaded not guilty to the charges. The prosecution
and the defense tried to establish their respective versions of the present case.
Prosecution:
The prosecution presented the ff. as witnesses: 1) AAA, 2) the private offended party, 14 years
old, 3) BBB, the mother of AAA, and 4) Dr. Janice Juan, a gynecologist.
AAA alleged and testified that the first rape incident happened sometime in 2000 when the victim
was merely 7 years old. She was in her residence together with her 2 younger brothers, when the
accused-appellant was her uncle, Renato Besmonte. The latter arrived in their house and got a
religious book and read the same. After, he told AAAs younger brothers to leave the house.
When the brothers left, Renato told AAA to lie down and remove her clothing. Renato undressed
himself and lay on top of AAA. Accused tried to insert his genitals into the vagina of AAA but
was unable to penetrate because AAA was crying due to the pain. This prompted Renato to leave.
After the incident, the accused appellant brought her to their house and ordered the victim to take
a bath and remove the blood from her genitals. Accused-appellant brought the victim into an
empty house. There, accused appellant told AAA to lie down, and that the former would return
later.
Accused-appellant did not return. As the victim went back home, blood came out from her
vagina. AAAs mother went to the police station to report the rape incident.
After trial the RTC found accused-appellant guilty of 2 counts of statutory rape. The CA affirmed
such decision.
Accused-appellant appealed from the decision and argued the commission of statutory rape was
not proved beyond reasonable doubt. He claimed it was merely a fabricated claim.
HELD: Yes. Accused-appellant is guilty beyond reasonable doubt of two counts of crime of
qualified rape, and is imposed with the penalty of reclusion perpetua.
According to the RPC, statutory rape is committed when the ff. elements and in concurrence:
1) Victim is a female under 12 years of age or is demented
2) The offender has carnal knowledge of the victim
Thus, it is imperative that the prosecution must prove the age of the woman less than 12 years and
carnal knowledge took place.
Carnal knowledge, the other essential element in statutory rape, does not require full penile
penetration of the female. All that is necessary to consummate rape is for the penis of the accused
capable of consummating the sexual act comes into contact with the lips of the pudendum of the
The SC concurs with the RTC and CAs conclusion that AAAs testimonial account thereon and
the physical injury she sustained as a result thereof were sufficiently and convincingly
established.
Accused-appellant contends that AAAs account of the second rape incident was highly doubtful
considering that she did not bother to escape from the former, or why she event went with the
same in the first place, in view of the first incident of rape.
SC ruled in previous jurisprudence that it does not follow that because the victim failed to shout
for help or struggle against her attacker means that she could not have been rape. The force,
violence, or intimidation in rape is a relative term, depending not only on the age, size, and
strength of the parties but also on their relationship with each other. Any physical resistance does
not need to be established in rape when intimidation is exercised by upon the victim and the same
submits herself against her will the rapists advances because of fear for her life and safety, or
the exercise of the moral ascendancy of the rapist over the victim.
SC ruled that OSG was correct in arguing that AAA could hardly be faulted for behaving as she
did. Being in her early years, and accused-appellants moral ascendancy over her, she could not
be expected to go against his orders, especially when the history of violence between them is
considered.
Furthermore, the SC holds that accused-appellant, the uncle of AAA committed 2 counts of
statutory rape by having carnal knowledge of AAA, a child below 12 years. However, Art 266-B
paragraph 6(1) qualifies the rape by a relative by consanguinity or affinity within the 3 rd civil
degree of the victim who is below 18 years of age.
Fajardo learned later that accused worked as a Laboratory Aide at the NBI Crime Laboratory.
Also, after Fajardos team arrested the accused and his companion, they conducted a body search,
and yielded 12 more plastic sachets of drugs from the accused. The 12 sachets were placed inside
a white envelope. Fajardo signed the envelope, and the 12 sachets were signed by one of her
teammates.
The alleged drugs confiscated later on tested positive for methamphetamine hydrochloride
The Defenses case alleged that the accused was a regular employee at the NBI as Laboratory
Aide. During the alleged buybust by the police, instead of confiscating illegal drugs, they
initially poked guns at his companion, Reynaldo. The police then proceeded to accuseds room,
and knocked down the door. When the found the drug specimen, the accused told them that the
same were just part of his work at the NBI.
The RTC convicted the accused of the crimes charged upholding the presumption of regularity on
the part of the police officers work. The accused appealed to the CA, but the latter affirmed the
decision of the RTC.
HELD: YES. The SC is convinced that the prosecution was able to establish the guilt of the
appellant of the crimes charged.
Initially, the accused argues that the police officers did not have an arrest or search warrant at the
time of his arrest, despite the police having ample time to secure a warrant of arrest against him.
Thus, accused claims that the drugs confiscated were inadmissible as evidence against him.
Accused further claims that he was able to prove that he was authorized to keep the drug
specimens in his custody, given that he was an employee of the NBI.
To secure a conviction for the crime of illegal sale of regulated/prohibited drugs, the ff. elements
must be proven:
1) Identity of the buyer and seller, the object, and the consideration;
2) Delivery of the thing sold and the payment therefor.
Also, the records of the case are silent as to any measures undertaken by the accused to
criminally/administratively charge the police officers for falsely framing up the former for selling
and possessing illegal drugs. Furthermore, being a regular employee of the NBI, the accused
could have easily sought the help of his immediate supervisors and/or the chief of his office to
extricate him from his predicament.
FACTS:
These are consolidated cases against the accused-appellants who are owners and
operators of Green Pasture Worldwide Tour and Consultancy in Paraaque City, who accepted
money from private complainants on the promise of work in Korea for companies like Nike,
despite not being licensed to recruit workers for overseas employment. Private complainants were
never sent to Korea despite payment, and their money was never returned to them. The accused
now question their conviction by the RTC and the CA of illegal recruitment in large scale and
estafa, saying that only Daud (another one of the accused) was the one who actually promised the
private complainants that they could work abroad. Both the RTC and the CA ruled that there was
conspiracy involved among co-accuseds, all the elements of illegal recruitment in large scale are
present in the case at bar.
ISSUE:
WON accused-appellants are guilty of illegal recruitment in large scale and estafa.
HELD:
Yes. All the elements for the crime are present in the case at bar.
RATIO:
Illegal Recruitment in Large Scale
The crime of illegal recruitment, according to the Supreme Court is committed when,
among other things, a person, who without being duly authorized according to law, represents or
gives the distinct impression that he or she has the power or the ability to provide work abroad
convincing those to whom the representation is made or to whom the impression is given to
thereupon part with their money in order to be assured of that employment.
The prosecution witnesses were positive and categorical in their testimonies that they
personally met appellant; that they knew appellant was associated with Green Pasture Worldwide
Tour and Consultancy; and that appellant had performed recruitment activities such as promising
employment abroad, encouraging job applications, and providing copies of job orders. The
private complainants testimonies are consistent and corroborate one another on material points,
It was not necessary for the prosecution to still prove that appellant himself received the
placement fees from private complainants and issued receipts for the same, given the finding of
both the RTC and the Court of Appeals of the existence of conspiracy among appellant and his
co-accused. When there is conspiracy, the act of one is the act of all. It is not essential that there
be actual proof that all the conspirators took a direct part in every act. It is sufficient that they
acted in concert pursuant to the same objective.
Estafa
We likewise affirm the conviction of appellant for three counts of estafa committed
against the private complainants, based on the very same evidence that proved appellants
criminal liability for illegal recruitment.
It is settled that a person may be charged and convicted separately of illegal recruitment
under Republic Act No. 8042, in relation to the Labor Code, and estafa under Article 315,
paragraph 2(a)of the Revised Penal Code.
A person who commits illegal recruitment may be charged and convicted separately of
illegal recruitment under the Labor Code and estafa under par. 2(a) of Art. 315 of the Revised
Penal Code. The offense of illegal recruitment is malum prohibitum where the criminal intent of
the accused is not necessary for conviction, while estafa is malum in se where the criminal intent
of the accused is crucial for conviction. Conviction for offenses under the Labor Code does not
bar conviction for offenses punishable by other laws. Conversely, conviction for estafa under par.
2(a) of Art. 315 of the Revised Penal Code does not bar a conviction for illegal recruitment under
the Labor Code. It follows that ones acquittal of the crime of estafa will not necessarily result in
his acquittal of the crime of illegal recruitment in large scale, and vice versa.
The elements of estafa are: (a) that the accused defrauded another by abuse of confidence
or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused
to the offended party or third person
The penalty for estafa depends on the amount of defraudation. Lastly, it is still incumbent
upon appellant to indemnify private complainants for the amounts paid to him and his
conspirators, with legal interest at the rate of 6% per annum, from the time of demand, which, in
this case, shall be deemed as the same day the Informations were filed against appellant, until the
said amounts are fully paid.
The accused-appellant Democrito Paras was charged with one count of rape before the Regional
Trial Court (RTC) of Toledo City, which crime was allegedly committed against AAA who was
17 years old at the time of the incident in March 1996. After trial on the merits, the RTC rendered
its Decision which found the accused-appellant guilty of the crime charged. On appeal, the Court
of Appeals upheld the judgment of the trial court.
On February 15, 2010, the accused-appellant appealed the above decision to this Court. On June
4, 2014, the Court promulgated its Decision, affirming the judgment of conviction against the
accused-appellant.
In a letter dated August 18, 2014, however, Police Superintendent (P/Supt.) I Roberto R. Rabo,
Officer-in-Charge, New Bilibid Prison, informed the Court that the accused-appellant had died at
the New Bilibid Prison Hospital in Muntinlupa City on January 24, 2013.
HELD:
Under Article 89, paragraph 1 of the Revised Penal Code, as amended, the death of an accused
pending his appeal extinguishes both his criminal and civil liability ex delicto.
Art. 89. How criminal liability is totally extinguished. Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties,
liability therefore is extinguished only when the death of the offender occurs before final
judgment[.]
The Court, in People v. Bayotas, enunciated the following guidelines construing the above
provision in case the accused dies before final judgment:
1. Death of the accused pending appeal of his conviction extinguishes his criminal
liability as well as the civil liability based solely thereon. As opined by Justice Regalado,
in this regard, "the death of the accused prior to final judgment terminates his criminal
liability and only the civil liability directly arising from and based solely on the offense
committed, i.e., civil liability ex delicto in sensostrictiore."
2. Corollarily, the claim for civil liability survives notwithstanding the death of accused,
if the same may also be predicated on a source of obligation other than delict.
Article1157 of the Civil Code enumerates these other sources of obligation from which
the civil liability may arise as a result of the same act or omission:
a) Law
b) Contracts
c) Quasi-contracts
e) Quasi-delicts
x xx
Thus, upon the death of the accused pending appeal of his conviction, the criminal action is
extinguished inasmuch as there is no longer a defendant to stand as the accused; the civil action
instituted therein for the recovery of civil liability ex delicto is ipso facto extinguished, grounded
as it is on the criminal action.
In this case, when the accused-appellant died on January 24, 2013, his appeal to this Court was
still pending. The Decision dated June 4, 2014 was thereafter promulgated as the Court was not
immediately informed of the accused-appellant's death.
The death of the accused-appellant herein, thus, extinguished his criminal liability, as well as his
civil liability directly arising from and based solely on the crime committed.
Accordingly, the Court's Decision dated June 4, 2014 had been rendered ineffectual and the same
must therefore be set aside. The criminal case against the accused-appellant must also be
dismissed.
The accused-appellants, along with four others, namely: Nonoy Estonilo (Nonoy), Titing Booc
(Titing), and Gali Itcobanes (Gali), and Orlando Tagalog Materdam (Negro) were all charged
with Murder with Direct Assault. In convicting the accused, the RTC gave credence to the
eyewitness account of Antipolo and the corroborating testimony of Serapion, who were both
present at the school grounds during the shooting incident. The RTC pronounced that the
evidence on record showed unity of purpose in the furtherance of a common criminal design, that
was the killing of Floro. Accused-appellants Nonoy and Negro were the gunmen, while accused-
appellants Edel and Nonong served as backup gunmen. Accused-appellant Bulldog, and accused
Gali, Titing and one alias Ace served as lookouts. The RTC found accused-appellants Mayor
Carlos, Sr. and Rey to have ordered their co-accused to kill Floro based on the testimony of
Servando, who was present when the group planned to kill Floro. Thus, the RTC concluded that
Ex-Mayor Carlos, Sr. is a principal by inducement. And accused-appellant Rey conspired with his
father. In sum, the prosecution was able to establish conspiracy and evident premeditation among
all the accused-appellants.
The accused-appellants appealed contending that the lower court erred in giving credence to the
evidences of the prosecution.
ISSUE: WON the lower court in convicting the accused based on the evidences presented by the
prosecution.
RULING:
To successfully prosecute the crime of murder, the following elements must be established: (1)
that a person was killed; (2) that the accused killed him or her; (3) that the killing was attended by
any of the qualifying circumstances mentioned in Article 248of the Revised Penal Code; and (4)
that the killing is not parricide or infanticide.
In this case, the prosecution was able to clearly establish that (1) Floro was killed; (2) Ex-Mayor
Carlos, Sr., Rey, Edel, Nonong, and Calvin were five of the nine perpetrators who killed him; (3)
the killing was attended by the qualifying circumstance of evident premeditation as testified to by
prosecution eyewitnesses, Servando and Antipolo, as well as treachery as below discussed; and
(4) the killing of Floro was neither parricide nor infanticide.
In this case, the second and third elements are essentially contested by the defense. The Court
finds that the prosecution unquestionably established these two elements.
For the second element, the prosecution presented pieces of evidence which when joined together
point to the accused-appellants as the offenders. Foremost, there is motive to kill Floro. It was
Floros support for Vicente Cotero, who was Reys opponent for the position of mayor in Placer,
Masbate. Second, the prosecution was able to establish that the accused appellants planned to kill
Floro on two separate occasions through the testimony of Servando who was present when they
were plotting to kill Floro. Third, Antipolo was an eye witness to the killing and his testimony
was corroborated by another witness, Serapion, who testified having seen the accused-appellants
leaving the school a few minutes after he heard the gunshots. Serapion also recounted having
heard one of them said "mission accomplished sir," after which, Mayor Carlos, Sr. ordered them
to leave.
Circumstantial evidence is that evidence which proves a fact or series of facts from which the
facts in issue may be established by inference. It consists of proof of collateral facts and
circumstances from which the existence of the main fact may be inferred according to reason and
common experience. Here, the circumstantial evidence consists of the testimonies of Servando
and Serapion. Servando was present when Mayor Carlos, Sr. ordered his men to kill Floro.
Whether this order was executed can be answered by relating it to Antipolos eyewitness account
as well as Serapions testimony.
As for the third element of qualifying circumstance, the prosecution witness, Servando, testified
that he was present on the two occasions when the accused-appellants were planning to kill Floro.
His categorical and straight forward narration proves the existence of evident premeditation.
Treachery also attended the killing of Floro. For treachery to be present, two elements must
concur: (1) at the time of the attack, the victim was not in a position to defend himself; and (2) the
accused consciously and deliberately adopted the particular means, methods, or forms of attack
employed by him. The essence of treachery is that the attack is deliberate and without warning,
done in a swift and unexpected way, affording the hapless, unarmed and unsuspecting victim no
chance to resist or escape. In this case, accused-appellant Nonoy and accused Negro successively
fired at Floro about seven times and the victim sustained 13 gunshot wounds all found to have
been inflicted at close range giving the latter no chance at all to evade the attack and defend
himself from the unexpected onslaught. Accused-appellants Edel and Nonong were on standby
also holding their firearms to insure the success of their "mission" without risk to themselves; and
three others served as lookouts. Hence, there is no denying that their collective acts point to a
clear case of treachery.
[Rape ]
Facts:
AAA was thirteen (13) years of age when the alleged acts of lasciviousness and sexual abuse took
place on three (3) different dates, particularly [in December 2003], February 2004, and March 27,
2004. AAA's parents separated when she was [only eight years old]. 9 At the time of the
commission of the aforementioned crimes, AAA was living with her mother and with herein
accused-appellant Bernabe Pareja who, by then, was cohabiting with her mother, together with
three (3) of their children, aged twelve (12), eleven (11) and nine (9), in . . ., Pasay City.
After the results of the medico-legal report confirmed that AAA was indeed raped, AAA's mother
then filed a complaint for rape before the Pasay City Police Station. To exculpate himself from
liability, [Pareja] offered both denial and ill motive of AAA against him as his defense. He denied
raping [AAA] but admitted that he knew her as she is the daughter of his live-in partner and that
they all stay in the same house. Contrary to AAA's allegations, [Pareja] averred that it would have
been impossible that the alleged incidents happened. To justify the same, [Pareja] described the
layout of their house and argued that there was no way that the alleged sexual abuses could have
happened.
Verily, [Pareja] was adamant and claimed innocence as to the imputations hurled against him by
AAA. He contended that AAA filed these charges against him only as an act of revenge because
AAA was mad at [him] for being the reason behind her parents' separation.
On May 5, 2004, Pareja was charged with two counts of Rape and one Attempted
Rape. The Informations for the three charges read as follows:
On June 17, 2004, Pareja, during his arraignment, pleaded not guilty to the charges filed against
him. 7 After the completion of the pre-trial conference on September 16, 2004, 8 trial on the
merits ensued.
Verily, [Pareja] was adamant and claimed innocence as to the imputations hurled against him by
AAA. He contended that AAA filed these charges against him only as an act of revenge because
AAA was mad at [him] for being the reason behind her parents' separation.
Issue: Whether or not Pareja is guilty of the alleged acts of lasciviousness and sexual abuse.
Ruling: On January 16, 2009, the RTC acquitted Pareja from the charge of attempted rape but
convicted him of the crimes of rape and acts of lasciviousness in the December 2003 and
February 2004 incidents, respectively. Pareja appealed in CA but was dismissed.
The herein accused Bernabe Pareja y Cruz is hereby acquitted from the charge of attempted rape
in Crim. Case No. 04-1558, for want of evidence.
In Crim. Case No. 04-1556, the said accused is CONVICTED with Acts of Lasciviousness and
he is meted out the penalty of imprisonment, ranging from 2 years, 4 months and 1 day as
minimum to 4 years and 2 months of prision [correccional] as maximum.
In Crim. Case No. 04-1557, the said accused is CONVICTED as charged with rape, and he is
meted the penalty of reclusion perpetua. The accused shall be credited in full for the period of his
preventive Imprisonment. The accused is ordered to indemnify the offended party [AAA], the
sum of P50,000.00, without subsidiary imprisonment, in case of insolvency.
Wherefore, premises considered, the Decision of the Court of Appeals in CA-G.R. CR.-H.C. No.
03794 is hereby AFFIRMED with MODIFICATION. We find accused appellant Bernabe Pareja
y Cruz GUILTY of two counts of Acts of Lasciviousness, defined and penalized under Article
336 of the Revised Penal Code, as amended. He is sentenced to two (2) indeterminate prison
terms of 6 months of arresto mayor, as minimum, to 4 years and 2 months of prisin correccional,
as maximum; and is ORDERED to pay the victim, AAA, P20,000.00 as civil indemnity,
P30,000.00 as moral damages, and P10,000.00 as exemplary damages, for each count of acts of
lasciviousness, all with interest at the rate of 6% per annum from the date of finality of this
judgment.
Revised Penal Code:
Acts of lasciviousness; elements. The elements of acts of lasciviousness under Art. 336 of the
Revised Penal Code are as follows: (1) That the offender commits any act of lasciviousness or
lewdness; (2) That it is done under any of the following circumstances: a. By using force or
intimidation; or b. When the offended party is deprived of reason or otherwise unconscious; or c.
When the offended party is under 12 years of age; and (3) That the offended party is another
person of either sex. - People of the Philippines v. Bernabe Pareja y Cruz, G.R. No. 202122,
January 15, 2014.
Facts:
Accused-appellant was convicted for child abuse under Section 10 (a), Article VI of Republic Act No. 7610
and qualified rape under Article 266-A, paragraph 1 in relation to Article 266-B of the Revised Penal Code.
According to the Prosecutions version of events, Accused-appellant was the father of the victim, a 12-year
old girl named AAA in this case. One day, the accused tied the leg of his daughter to wooden panels on the
wall and proceeded to rape her. He threated her not to report the incident or he would cut out her tongue
and kill her. When the victim failed to produce a lighter upon the request of the accused, the accused kicked
AAA in the buttocks, hit her head with her hammer and smashed her head on the wooden wall. The
Medico-Legal examination conducted by Dr. Rivamonte and Dr. Aristotle show injuries consistent with the
testiomony of the child.
For his part, the accused-appellant testified that it wasnt him who raped AAA, but rather it was a person
with a mental defect living in the house where AAA lived prior to living with the accused. He further
asserted that the sibling of AAAs mother who was angry with him because he separated from his wife
instigated the charge of rape. Although he admitted that he did hit AAA on her buttocks, he explained that
he asked her to cook rice but because she played with her playmates, the rice was overcooked. He also
sated that AAA was injured when she fell in a canal at side of their house and this fact as witnessed by his
brother and AAAs cousin.
The RTC found accused guilty for both crimes and the decision was affirmed by the Court of Appeals.
Issue:
Ruling:
The RTC unequivocally ruled that the testimony of AAA passed the test of credibility. The Court of
Appeals thereafter upheld the trial court's assessment of AAA's testimony. After thoroughly reviewing the
records of the present case, the Court similarly finds worthy of credence the testimony of AAA that the
accused-appellant is guilty of physically and sexually abusing her. It is a fundamental rule that the trial
court's factual findings, especially its assessment of the credibility of witnesses, are accorded great weight
and respect and binding upon this Court, particularly when affirmed by the Court of Appeals.
In the case for child abuse, the RTC and the Court of Appeals found the accused-appellant guilty beyond
reasonable doubt of committing child abuse by infliction of physical injury against AAA. Under Section 3
(b), Article I of Republic Act No. 7610, the term "child abuse" is defined as the maltreatment of a child,
whether habitual or not, which includes the physical abuse of a child, among other acts.
In this case, AAA positively identified the accused-appellant as the person who kicked her in the buttocks,
hit her head with a hammer, and smashed her head on the wall on January 23, 2005. Because of the said
brutal and inhumane acts of the accused-appellant, AAA suffered bruises and contusions in different parts
of her body. The Medico-Legal Certification of Dr. Rivamonte and Dr. Arellano clearly reflected the fact
[Rape]
FACTS: Defendant herein was accused of committing rape against a 17-year old girl (AAA),
allegedly committed as follows:
That at noon in March 19, 1996 or for sometime subsequent thereto, in [XXX] and within the
jurisdiction of this Honorable Court, the accused, with the use of a gun of unknown calibre, by
force and intimidation, did then and there wilfully, unlawfully and feloniously have carnal
knowledge with [AAA] against the latters will and as a result of which the latter became
pregnant, to the damage and prejudice of the offended party.
HELD: Yes, the accused-appellant failed to show that the RTC and the CA committed any
reversible error in finding him guilty beyond reasonable doubt of sexually abusing AAA. In this
case, the accused- appellants use of a gun in the commission of the rape against AAA was both
specifically alleged in the information and proven during the trail of the case.
The court finds that AAA was indeed categorical and consistent in her testimony that the
accused-appellant was the one who pointed a gun to her mouth and forcibly had sexual
intercourse with her, thus, he court sees no reason to disturb the lower courts appreciation of the
credibility of the victims testimony.
Anent the inconsistencies pointed out by the defendant, the court in upholding the ruling of the
CA explained that AAAs inability to remember the birth date of her child and the name of her
neighbour did not destroy her credibility as a witness. These details had nothing to do with the
essential elements of rape, that is, carnal knowledge of a person through force and intimidation.
[Rape]
FACTS: In the Instant Case the accused appellant was charged with the crime of rape in
information dated September 9, 2003:
That on or about the 07th day of September 2003, in the City of Mandaluyong, Philippines, a
place within the jurisdiction of this Honorable Court, the above-named accused, with lewd
designs, and by means of force and intimidation, did, then and there willfully, unlawfully, and
feloniously have carnal knowledge, 19 years of age but with a mental age of a 5 year old, hence, a
retardate, or demented, which is known to accused at the time of the commission of the offense,
against her will and consent and to her damage and prejudice.
His testimony was corroborated by the testimony of his brother, however, there was an
inconsistency between their testimonies with regard the place of arrest.
HELD: Yes, the court in its promulgation cited their previous ruling on the case of People v.
Caoile differentiating deprived of reason and demented as follows:
The term demented refers to a person who has dementia, which is a condition of deteriorated
mentality, characterized by marked decline from the individual's former intellectual level and
often by emotional apathy, madness, or insanity. On the other hand, the phrase deprived of
reason under paragraph 1 (b) has been interpreted to include those suffering from mental
abnormality, deficiency, or retardation. Thus, AAA, who was clinically diagnosed to be a mental
retardate, can be properly classified as a person who is deprived of reason, and not one who is
demented.
In the case at bar, AAA was clinically diagnosed to have mental retardation with the mental
capacity of a seven-year old child. The prosecution and the defense agreed to stipulate on the
conclusion of the psychologist that the mental age of the victim whose chronological age at the
time of the commission of the offense is nineteen (19) years old x x x is that of a seven (7) year
old child. Accused-appellant is therefore criminally liable for rape under paragraph 1(b) of
Article 266-A of the Revised Penal Code.
Since the accused-appellants knowledge of AAAs mental retardation was alleged in the
Information and admitted by the former during the trial, the above special qualifying
circumstance is applicable, and the penalty of death should have been imposed. With the
passage, however, of Republic Act No. 934636prohibiting the imposition of the death penalty, the
penalty of reclusion perpetua shall instead be imposed.
18. People of the Philippines v. Arnel villalba y duran and randy villalba y sarco
G.R. No. 207629
[Murder]
That on or about the 29th day of April 2006 at 2:30 o'clock in the morning, more or less, at
Capitol Avenue, near Gaisano Mall, Butuan City, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused, conspiring and confederating together and mutually
helping one another, with intent to kill, with treachery, evident premeditation, and abuse of
superior strength, did then and there willfully, unlawfully, and feloniously, attack and stab one
MAXIMILLIAN CASONA Y LACROIX, with the use of an ice pick, hitting the latter at his left
breast and left portion of his stomach, which directly caused his death incurring damages which
maybe proven in Court.
The accused-appellant testified in their own defense. Accused-appellant Arnel, while admitting
his presence in the crime scene at that time narrated a different version of the circumstances
surrounding the victims stabbing.
ISSUE: WON both the accused-appellants are guilty of the crime of murder.
HELD: The Court, after a meticulous review of the records of the case, finds bases to downgrade
accused-appellant Arnel's crime from murder to homicide and to absolve accused-appellant
Randy of any criminal liability for Maximillian's death.
The honourable court in its promulgation ruled on three points. On the issue of possible
conspiracy between the accused-appellant the court explained that Jurisprudence requires that
conspiracy must be proven as the crime itself. Conspiracy exists when two or more persons come
to an agreement concerning the commission of a crime and decide to commit it. Proof of the
agreement need not rest on direct evidence, as the same may be inferred from the conduct of the
parties indicating a common understanding among them with respect to the commission of the
offense. It is not necessary to show that two or more persons met together and entered into an
explicit agreement setting out the details of an unlawful scheme or the details by which an illegal
objective is to be carried out. The rule is that conviction is proper upon proof that the accused
acted in concert, each of them doing his part to fulfill the common design to kill the victim. In the
case at bar however, There is no clear evidence that accused-appellants had a common design to
kill Maximillian.
For his part, accused-appellant Arnel admitted stabbing Maximillian but asserted that he used
only a barbecue stick which he found in the area. A barbecue stick, with a sharp end, could cause
a puncture wound consistent with that which killed Maximillian. That accused-appellant Arnel
used a barbecue stick he found in the area as weapon shows that he acted instantaneously and
spontaneously in stabbing Maximillian, thus, further negating the possibility that he conspired
with accused-appellant Randy to commit the stabbing.
Anent the presence of a qualifying circumstance for murder, the court likewise ruled that the
prosecution failed to prove beyond reasonable doubt any of the alleged circumstances.
With regard the respective criminal liabilities of the accused-appellants, the court ruled that with
the absence of conspiracy the criminal liability of the each of the accused would depend on the
precise participation of each in the crime.
Absent any evidence that accused-appellant Randy acted with criminal intent in holding
Maximillian's hand/s at about the same time that accused-appellant Arnel stabbed Maximillian,
the Court absolves accused-appellant Randy of any criminal and civil liability for Maximillian's
death.
Facts:
Renato, Rolando, Armando, Gilberto, Merwin, Freddie, Salvador, all surnamed Las Pias, and
Jimmy Delizo were charged with frustrated murder and 3 counts of murder. Of the eight accused,
only Rolando Las Pias, Merwin Las Pias, and Jimmy Delizo were apprehended and held for
trial. The rest remained at large.
From the testimony of Roger, the only survivor of the incident, the prosecution established that
on the night of May 1, 2001, he and his brothers, Edgardo and Benjamin, and their cousin, Carlito
FACTS:
On January 20, 2005 a buy-bust operation was held, in the City of Tuguegarao, Province of
Cagayan and within the jurisdiction of the Honorable Court, the above-named accused, without
authority of law and without permit to sell, transport, deliver and distribute dangerous drugs, did
then and there willfully, unlawfully and feloniously sell, transport, distribute and deliver two (2)
heat-sealed transparent plastic sachets containing 0.14 gram of Methamphetamine Hydrochloride
commonly known as "shabu", a dangerous drug to a member of the PNP, Tuguegarao City who
acted as a poseur-buyer; that after receiving the two (2) plastic sachets, the poseur-buyer
simultaneously handed to the accused the marked money consisting of one (1) piece of FIVE
HUNDRED PESO BILL (P500.00) with Serial No. QP278070 and five (5) pieces of ONE
HUNDRED PESO BILL with Serial Nos. SM989053, PS724429, XM484584, BB048002, and
EK6900025 or a total of P1,000.00 and this led to the apprehension of the accused and the
confiscation of the dangerous drug together with the buy-bust money by the said apprehending
law enforcers of the Tuguegarao City Police Station who formed the buy bust team in
coordination with the PDEA.
Constantino denied the accusation against him and asserted that he was merely framed-up. He
contests his conviction, averring inconsistencies in the testimonies of the prosecution witnesses,
particularly, on the circumstances of the marking of the two plastic sachets
containing shabu allegedly confiscated from him. Different people claim to have made the
marking "NBT" on the two plastic sachets and gave various explanations as to what the initials
"NBT" stand for. In short, Constantino argues that the prosecution failed to establish a crucial
link in the chain of custody of the shabu in this case.
ISSUE: Whether or not broken chain of custody is material for a conviction in a buy-bust
operation.
HELD:
RATIO: Yes.
In a prosecution for the sale of a dangerous drug, the following elements must be proven: (1) the
identity of the buyer and the seller, the object, and the consideration; and (2) the delivery of the
thing sold and the payment therefor. Simply put, "[in] prosecutions for illegal sale of shabu, what
is material is the proof that the transaction or sale actually took place, coupled with the
presentation in court of thecorpus delicti as evidence." And in the prosecution of these offenses,
the primary consideration is to ensure that the identity and integrity of the seized drugs and other
related articles have been preserved from the time they were confiscated from the accused until
their presentation as evidence in court.
Article II, Section 21 (1) of Republic Act No. 9165 lays down the procedure to be followed in the
seizure and custody of dangerous drugs:
Section 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled
FACTS:
This is a petition for review on certiorari under Rule 45 of the Rules of Court seeking the reversal
of the Court of Appeals' Decision dated September 4, 2008 in CA-G.R. CV No. 75590 dismissing
the appeal of petitioner Metropolitan Bank and Trust Company assailing the dismissal of its
complaint by the Regional Trial Court (RTC) of Makati City, Branch 56, and the
Resolution dated December 5, 2008 denying the Bank's motion for reconsideration.
This involves an action for recovery of a sum of money and damages with a prayer for the
issuance of writ of preliminary attachment filed by the plaintiff Philippine Banking
Corporation against the defendants, namely: Ley Construction and Development Corporation
(hereafter "LCDC") and Spouses Manuel and Janet C. Ley (hereafter "[defendant]-spouses").
The complaint alleges that: Defendant LCDC, a general contracting firm, through the oral
representations of defendant-spouses, applied with plaintiff, a commercial bank, for the opening
of a Letter of Credit. Plaintiff issued, on April 26, 1990, Letter of Credit DC 90[-]303-C in favor
ISSUE:
Whether or not the petition for review on certiorari under Rule 45 of the Rules of Court sought
for is the proper remedy.
HELD:
No. The Bank's petition suffers from a fatal infirmity. In particular, it contravenes the elementary
rule of appellate procedure that an appeal to this Court by petition for review on certiorari under
Rule 45 of the Rules of Court "shall raise only questions of law." The rule is based on the nature
of this Court's appellate function this Court is not a trier of facts and on the evidentiary
weight given to the findings of fact of the trial court which have been affirmed on appeal by the
Court of Appeals they are conclusive on this Court. While there are recognized exceptions to
the rule, this Court sees no reason to apply the exception and not the rule in this case.
The issue of whether or not the Bank was able to establish its cause of action by preponderant
evidence is essentially a question of fact. Stated in another way, the issue which the Bank raises
in this petition is whether the evidence it presented during the trial was preponderant enough to
hold LCDC and the spouses Ley liable.
Even the legal rights of the Bank and the correlative legal duty of LCDC have not been
sufficiently established by the Bank in view of the failure of the Bank's evidence to show the
provisions and conditions that govern its legal relationship with LCDC, particularly the absence
of the provisions and conditions supposedly printed at the back of the Application and Agreement
for Commercial Letter of Credit. Even assuming arguendo that there was no impropriety in the
negotiation of the Letter of Credit and the Bank's cause of action was simply for the collection of
what it paid under said Letter of Credit, the Bank did not discharge its burden to prove every
element of its cause of action against LCDC.
This failure of the Bank to present preponderant evidence that will establish the liability of LCDC
under the Letter of Credit necessarily benefits the spouses Ley whose liability is supposed to be
based on a Continuing Surety Agreement guaranteeing the liability of LCDC under the Letter of
Credit.
[Civil Procedure]
FACTS: Respondent Goyu & Sons, Inc. (GOYU), with individual respondents as guarantors,
incurred various obligations to Solidbank Corporation (SOLIDBANK) in connection with the
financing of GOYUs business as exporter of solid doors. As additional security, GOYU obtained
several fire insurance policies issued by respondent Malayan Insurance Company, Inc. (MICO).
On January 10, 1992 and February 11, 1992, respectively, GOYU endorsed two of these policies
in favor of SOLIDBANK to answer for all the obligations incurred by GOYU to SOLIDBANK.
On April 27, 1992, fire gutted one of the buildings of GOYU. GOYU filed a claim for indemnity
with MICO, which was, however, denied by the latter on the ground that the insurance policies
were the subject of writs of attachment issued by various courts or otherwise claimed by other
creditors of GOYU. Respondent-Intervenor Rizal Commercial Banking Corporation (RCBC), one
of GOYUs creditors, also filed with MICO a claim for the proceeds of GOYUs insurance
policies. MICO likewise denied RCBCs claims.
On April 6, 1993, GOYU filed against MICO, RCBC, and two RCBC officers a complaint for
specific performance and damages in the RTC of Manila. The complaint was docketed as Civil
Case No. 93-65442.
SOLIDBANK filed an action for collection of sum of money with prayer for a writ of preliminary
attachment, which was docketed as Civil Case No. 92-62749.
In Civil Case No. 93-65442, judgment was rendered by the RTC in favor of GOYU and against
MICO and RCBC. All parties filed appeals with the Court of Appeals. MICO and RCBC
contested their liability, while GOYU was unsatisfied by the amounts awarded. The Court of
Appeals, in its decision dated December 18, 1996, increased the amounts awarded to GOYU. The
cases eventually reached the Court. On April 20, 1998, the Court rendered its decision reversing
the decision of the Court of Appeals by ordering the Clerk of Court to release the amounts earned
to RCBC instead of GOYU.
In Civil Case No. 92-62749, the RTC rendered a decision in favor of SOLIDBANK and against
the guarantors of GOYU. The RTC ruled that the endorsements in the two insurance policies
made SOLIDBANK the beneficiary in the said policies. According to the Court of Appeals, in its
resolution, dated November 6, 1996, SOLIDBANK had the legal authority to withdraw the
amount by virtue of the final and executor judgment rendered in its favor by the RTC. However,
on June 23, 1997, the Court of Appeals issued the first assailed resolution setting aside its
November 6, 1996 resolution and ordering SOLIDBANK to restitute the amount withdrawn by it
with interest. The Supreme Court issued a decision, dated April 20, 1998, which ordered the
Clerk of Court to release the amount including interests earned to RCBC instead of GOYU.
SOLIDBANK filed the petition assailing the Courts decisions dated June 23, 1997 and April 20,
1998.
ISSUES:
5. Whether or not the Court departed from accepted and usual course of judicial
proceeding in allowing RCBC to intervene in the appealed case and in admitting
RCBCs intervention despite the fact that RCBC is not a party to Civil Case No.
92-62749.
6. Whether or not SOLIDBANK has the right to withdraw from the amount in
custodia legis in Civil Case No. 93-65442.
[ Evidence]
FACTS:
Appellants were charged with murder. The Information stated that the accused in this case,
conspired, confederated, and mutually helped each other to kill, by means of treachery, armed
with guns, and bolos, a certain Pionio Yacapin. The prosecution witnesses corroborated each
others claims with testimonies leading to reasonable suspicions and conclusions, that the accused
shot the victim, Pionio to death.
The defense witnesses testimonies negated prosecutions claims, but the RTC convicted accused
guilty beyond reasonable doubt of murdering Pionio Yacapin. Also, it is noted that the first
witness, Police inspector Armada, that he conducted an examination for paraffin test on all four
accused, yielding a negative result.
The accused elevated their case to the CA, but dismissed their appeal.
ISSUE:
WON the eyewitness testimonies presented by the prosecution specifically the 2 stepsons and the
widow of the victim are credible enough.
Jurisprudence tells us that where there is no evidence of bad faith by the prosecution witnesses, it
is presumed that their testimonies are done in good faith. In the case at bar, bad faith was not
established.
Accused further contends that the prosecution witnesses made inconsistent and improbable
statements in court, which supposedly impair their credibility. However the Court held that these
inconsistencies involve matters not material to the case.
Accused further counters the accusation made against them putting forward the defense of alibi.
However, jurisprudence has held that positive identification prevails over alibi, since the latter
can easily be fabricated. Hence, it has to be supported by credible corroboration by disinterested
witnesses.
ISSUE: WON the paraffin test, which yielded negative, could lead to the accuseds acquittal.
HELD: No. Paraffin tests are not conclusive proof that a person has not fired a gun. It was
established previously in the prosecution that only Eddie and Alfemio Malogis held firearms
which were used in the murder of Pionio Yacapin, while Dadao and Sulindao only held bolos.
Thus, it is but obvious that the latter two would test negative in the paraffin test.
Nevertheless, it was established that all four accused shared a community of criminal design. By
their concerted action, it is evident that they conspired with one another to murder Pionio
Yacapin, and should suffer the same criminal liability, regardless of who fired the weapon, which
delivered fatal wounds that ended the life of the victim.
ISSUE: WON the act of accused of bravely reporting to the police to answer for the serious
charge of murder militates against a finding of any criminal liability, especially in light of the
dubious evidence presented by the prosecution.
HELD: No. Human Experience as observed in jurisprudence instructs us that non-flight does not
necessarily connote innocence.
ISSUE: WON it was erroneous that the aggravating circumstance of abuse of superior strength
despite not being alleged in the Information, was used by the RTC to qualify the act of killing.
HELD: Abuse of Superior Strength was not appreciated as either qualifying or generic
aggravating circumstance. However treachery was alleged in the Information, thus it qualified the
act of killing to murder.
Lastly, even if the CA did not rule on the effect of death by Eddie Malogsi during the pendency
of the case, there being no final judgment being rendered against him at the time of his death,
whether or not he was guilty was already irrelevant. Even assuming he did incur criminal and
civil liability, these were totally extinguished by his death following Article 89 of the RPC and by
analogous jurisprudence. Thus, the present criminal case would be dismissed only to the deceased
Eddie Malogsi.
[Admissibility of evidence ]
FACTS:
Police officers were alerted of a shooting incident during a traffic mishap, and so they
responded to the complaint. When they approached the vehicle of the shooters, two armed men
alighted from their vehicles, fired their guns toward the police officers, and ran away. The police
officers were able to subdue them, and recovered from Calantiao (one of the armed men) a black
bag containing 2 bricks of dried marijuana fruiting tops. Calantiao was charged with violation of
Sec. 11, Article II of the Comprehensive Dangerous Drugs Act of 2002.
Calantiao questioned the admissibility of the confiscated marijuana. The RTC found them
admissible in evidence, as it was discovered during a body search after Calantiao was caught in
flagrante delicti of possessing a gun and firing at police officers. The CA affirmed the lower
courts decision.
ISSUE:
WON the marijuana found in his possession is admissible as evidence against him
HELD:
Yes. The CA decision is affirmed.
Ratio:
This Court cannot subscribe to Calantiaos contention that the marijuana in his possession
cannot be admitted as evidence against him because it was illegally discovered and seized, not
having been within the apprehending officers "plain view."
Searches and seizure incident to a lawful arrest are governed by Section 13, Rule 126 of
the Revised Rules of Criminal Procedure, to wit:
Section 13.Search incident to lawful arrest. A person lawfully arrested may be searched for
dangerous weapons or anything which may have been used or constitute proof in the commission
of an offense without a search warrant.
The purpose of allowing a warrantless search and seizure incident to a lawful arrest is "to
protect the arresting officer from being harmed by the person arrested, who might be armed with
a concealed weapon, and to prevent the latter from destroying evidence within reach. It is
therefore a reasonable exercise of the States police power to protect (1) law enforcers from the
injury that may be inflicted on them by a person they have lawfully arrested; and (2) evidence
from being destroyed by the arrestee. It seeks to ensure the safety of the arresting officers and the
integrity of the evidence under the control and within the reach of the arrestee.
When an arrest is made, it is reasonable for the arresting officer to search the person
arrested in order to remove any weapon that the latter might use in order to resist arrest or effect
his escape. Otherwise, the officers safety might well be endangered, and the arrest itself
frustrated. In addition, it is entirely reasonable for the arresting officer to search for and seize any
evidence on the arrestees person in order to prevent its concealment or destruction.
Moreover, in lawful arrests, it becomes both the duty and the right of the apprehending
officers to conduct a warrantless search not only on the person of the suspect, but also in the
permissible area within the latters reach. Otherwise stated, a valid arrest allows the seizure of
evidence or dangerous weapons either on the person of the one arrested or within the area of his
7.Ching and Andrew vs Subic Bay Golf and Country Club, Inc. (SBGCCI), GR 174353
FACTS:
Petitioners Ching and Andrew filed a complaint with the RTC on behalf of the members
of SBGCCI against said country club and its Board of Directors and officers, alleging that the
defendant corporation sold shares to plaintiffs at US$22,000.00 per share, presenting to them the
Articles of Incorporation which contained the following provision:
No profit shall inure to the exclusive benefit of any of its shareholders,
hence, no dividends shall be declared in their favor. Shareholders shall be
entitled only to a pro-rata share of the assets of the Club at the time of its
dissolution or liquidation.
However, on June 27, 1996, an amendment to the Articles of Incorporation was approved
by the Securities and Exchange Commission (SEC), wherein the above provision was changed as
follows:
No profit shall inure to the exclusive benefit of any of its shareholders,
hence, no dividends shall be declared in their favor. In accordance with the
Lease and Development Agreement by and between Subic Bay
Metropolitan Authority and The Universal International Group of Taiwan,
where the golf course and clubhouse component thereof was assigned to
the Club, the shareholders shall not have proprietary rights or interests over
the properties of the Club x x x.
The RTC dismissed the complaint, and held that the action was a derivative suit. As such,
the plaintiffs should have exhausted all administrative remedies before coming to the courts for
redress.
ISSUE:
WON the case filed by plaintiffs is a derivative suit.
HELD:
Yes.
RATIO:
At the outset, it should be noted that the Complaint in question appears to have been filed
only by the two petitioners, namely Nestor Ching and Andrew Wellington, who each own one
stock in the respondent corporation SBGCCI. While the caption of the Complaint also names the
Subic Bay Golfers and Shareholders Inc. for and in behalf of all its members, petitioners did
not attach any authorization from said alleged corporation or its members to file the Complaint.
Thus, the Complaint is deemed filed only by petitioners and not by SBGSI.
On the issue of whether the Complaint is indeed a derivative suit, we are mindful of the
doctrine that the nature of an action, as well as which court or body has jurisdiction over it, is
determined based on the allegations contained in the complaint of the plaintiff, irrespective of
whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein.
We have also held that the body rather than the title of the complaint determines the nature of an
action.
With regard to the second requisite, petitioners failed to state with particularity in the
Complaint that they had exerted all reasonable efforts to exhaust all remedies available under the
articles of incorporation, by-laws, and laws or rules governing the corporation to obtain the relief
they desire. The Complaint contained no allegation whatsoever of any effort to avail of intra-
corporate remedies.
FACTS:
The accused-appellant Renato dela Cruz was charged with two counts of rape allegedly
committed against his daughter AAA. During trial, the prosecution presented the testimonies of:
(1) AAA, the private complainant; and (2) BBB, the elder sister of AAA. For the defense, only
the accused-appellant took the witness stand.
The first incident (Crim. Case No. 3254-M-04) happened on October of 1999 where AAA, 11
years old at that time, was roused from sleep after she felt a touch from somebody who turned out
to be her father. Out of fear and shock, she was not able to do anything while her father kissed
and touched her private parts.
The second incident (Crim. Case No. 3253-M-04) happened on 09 September 2003 where AAA
was awakened by the touch of her father and forcibly held her hand to stand up and led her out of
the room where she and her sisters were sleeping. Her father laid her in the sala and inserted his
penis in her vagina. Moments later, BBB, AAAs sister woke up and saw that her father was on
top of her sister.
The accused denied all the allegations and said that the reason why her daughter filed a case
against him was that she got mad about his wrongdoings to his wife.
The RTC found the accused guilty of Acts of Lasciviousness in Crim. Case No. 3254-M-04 and
guilty beyond reasonable doubt of the crime of Rape in Crim. Case No. 3253-M-04. The CA
affirmed the trial courts decision.
The accused-appellant now appeals to the SC contending that the prosecution witnesses ill
motive to falsely incriminate him and the inconsistencies in AAAs testimony should not have
been disregarded by the courts a quo. The accused-appellant argues that the admissions of AAA
and BBB that they harbored ill feelings against him for having another family affected their
credibility as witnesses. The accused-appellant also avers that AAA stated in her direct testimony
that he merely kissed and touched her in October 1999. However, in her cross-examination, the
accused-appellant points out that AAA testified that he was able to rape her at the said time.
ISSUES:
1. WON the lower court erred in giving credence to the testimony of AAA despite its
inconsistencies.
2. WON the lower court erred in giving credence to AAA and BBBs testimonies despite
the ill motives of AAA and BBB.
HELD:
2. No. Anent the accused-appellants argument that the alleged ill motives of AAA and
BBB destroyed their credibility, the same is utterly unconvincing. The Court of Appeals
was correct in holding that ill motives become inconsequential if there is an affirmative
and credible declaration from the rape victim, which clearly establishes the liability of the
accused. In this case, AAA never wavered in her identification of the accused-appellant
as her abuser. We had occasion to rule in People v. Balunsat that it is unlikely for a young
girl and her family to impute the crime of rape to their own blood relative and face social
humiliation if not to vindicate the victims honor. Indeed, no member of a rape victims
family would dare encourage the victim to publicly expose the dishonor tainting the
family unless the crime was in fact committed, more so in this case where the offender
and the victim are father and daughter. Contrastingly, the accused-appellants bare
defense of denial deserves scant consideration. The same cannot overcome the positive
identification and affirmative testimonies of AAA and BBB.
11. AIR TRANSPORTATION OFFICE (ATO), vs. HON. COURT OF APPEALS and BERNIE G.
MIAQUE [G.R. No. 173616. June 25, 2014.]
[Injunction]
Facts:
Air Transportation Office (ATO) was able to obtain favorable judgment for a complaint for unlawful
detainer against Miaque. The MTCC ordered Miaque to permanently vacate the premises, and such order
was affirmed by the RTC. Miaque questioned the RTC decision in the Court of Appeals by filing a petition
for review, docketed CA-GR. SP No. 79439, and in a Decision dated April 29, 2005 , the CA dismissed the
petition and affirmed the RTC decision. When petitioner was able to obtain a writ of execution from the
RTC on March 20, 2006, Miaque obtained a TRO and the subsequent writ of preliminary injunction with
the CA enjoining the enforcement writ of execution, dated March 29, 2006, and May 30, 2006 respectively.
Petitioners now question the Order and Resolution issued by the CA.
Issue:
Whether or not the Court of Appeals committed grave abuse of discretion amounting got lack or excess of
jurisdiction in issuing the Resolution dated May 30, 2006 which granted petitioners application for the
issuance of a writ of preliminary injunction.
Ruling:
Section 21, Rule 70 of the Rules of Court provides the key to that question:
Sec. 21. Immediate execution on appeal to Court of Appeals or Supreme Court. The
judgment of the Regional Trial Court against the defendant shall be immediately executory,
without prejudice to a further appeal that may be taken therefrom. (Emphasis supplied.)
There is grave abuse of discretion when an act is (1) done contrary to the Constitution, the law or
jurisprudence, or (2) executed whimsically, capriciously or arbitrarily out of malice, ill will or personal
bias. In this case, the Court of Appeals issued the Resolution dated May 30, 2006 granting Miaque's
prayer for a writ of preliminary injunction contrary to Section 21, Rule 70 and other relevant provisions
of the Rules of Court, as well as this Court's pronouncements in Teresa T. Gonzales La'O & Co.,
Inc. and Nisce. Thus, the Court of Appeals committed grave abuse of discretion when it issued the
Resolution dated May 30, 2006 in CA-G.R. CEB-SP No. 01603.
[Res Judicata]
FACTS: This an appeal from the Decision1 dated January 31, 2003 of the Court of Appeals in
CAG.R. CV No. 50122 dismissing the appeal of the petitioners, the heirs of Cornelio Miguel,
and affirming the Order2dated March 21, 1995 of the Regional Trial Court of Puerto Princesa
City, Palawan, Branch 51 in Civil Case No. 2735 which dismissed the petitioners complaint for
the nullification of deeds of donation and reconveyance of property.
The petitioners are the surviving children of the deceased Cornelio Miguel, while the respondents
are the widow and the children of the petitioners own brother, Angel Miguel.
Cornelio Miguel was the registered owner under Original Certificate of Title No. S14 of a
93,844 sq.m. parcel of land situated at Barrio Calero, Puerto Princesa City in Palawan. He had the
property subdivided into ten smaller lots which were designated as Lots A to J of Psd146880.
Cornelio sold nine of the lots to his children, with Lot G going to his son Angel, predecessorin
interest of the respondents in this case. The remaining lot, Lot J, Cornelio kept for himself and his
wife, Nieves.
The spouses Cornelio and Nieves were the registered owners of another property in Calero,
Puerto Princesa City with an area of 172,485 sq.m. It was designated as Lot 2 of Psd146879 and
covered by OCT No. G211. The land was subsequently subdivided into nineteen smaller lots.
Angel accepted the donation in the same instrument. The donation of the property described
above became the subject of various suits between Cornelio, Angel, and Angels siblings, and
also between Angels siblings and Angels children.
ISSUE: WON the petition will prosper considering that the cases assailed by the petitioner
already attained finality.
Anent the claim of the petitioners that Civil Case No. 1185 was dismissed not because they have
no cause of action but because they failed to state such a cause of action is wrong. The dispositive
portion of the Order dated January 31, 1986 is clear: the amended complaint was ordered
dismissed for lack of cause of action.
With regard the contention of the petitioners against the validity of the deed of donation executed
by the spouses Cornelio and Nieves in favor of Angel. The court however ruled that such issue
had been settled with finality in Civil Case No. 1185. The petitioners who were parties against
Angel in Civil Case No. 1185 cannot resurrect that issue against the privies or successorsin
interest of Angel in Civil Case No. 2735 without violating the principle of res judicata. In other
words, Civil Case No. 2735 is barred by the conclusiveness of the judgment in Civil Case No.
1185.
Facts:
Renato, Rolando, Armando, Gilberto, Merwin, Freddie, Salvador, all surnamed Las Pias, and
Jimmy Delizo were charged with frustrated murder and 3 counts of murder. Of the eight accused,
only Rolando Las Pias, Merwin Las Pias, and Jimmy Delizo were apprehended and held for
trial. The rest remained at large.
From the testimony of Roger, the only survivor of the incident, the prosecution established that
on the night of May 1, 2001, he and his brothers, Edgardo and Benjamin, and their cousin, Carlito
Lasala, were at Edgardo's fishpen located within the coastal waters of the town of Castilla,
Sorsogon. Where they were attacked by the accused at about 2:00 a.m. on May 2, 2001.
On the other hand, the defense relies on its alibi that the accused could not have been the ones
who committed the crime.
Gilberto, the chief barangay tanod of Barangay Bitan-o, Sorsogon City, testified that he and
accused Rolando were with the other barangay tanod doing patrol duty on May 1, 2001. At
around 11:45 p.m., Rolando asked permission to leave to unload the truck containing cargoes of
shellfish locally known as"badoy" that arrived from Naga City. At about 12:45 a.m., they came
upon Rolando still unloading the cargoes with the other workers.
Blandino, the barangay captain, testified that at 11:00 p.m. on May 1, 2001, he saw the accused
Rolando in the barangay hall and then left after 30 minutes. He later learned that he was
unloading cargoes from a delivery truck.
Held:
The twin defenses of denial and alibi raised by the accused-appellants must fail in light of the
positive identification made by one of their victims, Roger. Alibi and denial are inherently weak
defenses and must be brushed aside when the prosecution has sufficiently and positively
ascertained the identity of the accused as in this case. It is also axiomatic that positive testimony
prevails over negative testimony. The accused-appellants' alibis that they were at different places
at the time of the shooting, and that family members and or their friends vouched for their
whereabouts are negative and self-serving assertions and cannot not be given more evidentiary
value vis--vis the affirmative testimony of a credible witness. The accused-appellants and Roger,
at one point, resided in the same barangay and, are, therefore, familiar with one another.
Therefore, Roger could not have been mistaken on the accused-appellants' identity, including the
five other accused who remained at large.
Further, it has been held that for the defense of alibi to prosper, the accused must prove the
following: (i) that he was present at another place at the time of the perpetration of the crime; and
(ii) that it was physically impossible for him to be at the scene of the crime during its
commission. Physical impossibility involves the distance and the facility of access between the
crime scene and the location of the accused when the crime was committed. The accused must
demonstrate that he was so far away and could not have been physically present at the crime
scene and its immediate vicinity when the crime was committed. Here, the accused-appellants
utterly failed to satisfy the above-quoted requirements. As held by the Court of Appeals,
"[j]udicial notice was taken of the fact that Barangay Bitan-o in Sorsogon City where the accused
claimed they were at the time of the shooting and the area of the sea adjacent to the municipality
of Castilla where the incident took place are neighboring sites that can be negotiated with the use
of a banca in one hour or less." Certainly, the distance was not too far as to preclude the presence
of accused-appellants at the fishpen, and/or for them to slip away from where they were supposed
to be, unnoticed.
Finally, the defense failed to show any ill motive on the part of the prosecution's witnesses to
discredit their testimonies. Absent any reason or motive for a prosecution witness to perjure
himself, the logical conclusion is that no such motive exists, and his testimony is, thus, worthy of
full faith and credit.
FACTS:
Complainants filed an administrative complaint against Respondent for Gross Inefficiency, Gross
Insubordination, and for being Notoriously Undesirable.
Complainant Judge Alano argued that from the day he resumed office, respondent Sahi never
prepared any court calendar or minutes. He further alleges that respondent Sahi does not know
how to speak the Yakan and Visayan dialects, which is necessary for her position. Complainant
Judge Alano also argued that in all cases he heard since 2004, he was the one who would usually
interpret the testimonies of the witnesses into English, to avoid inconvenience and delay in the
proceedings. He also claims that respondent Sahis performance deteriorated to a point bordering
to recklessness, resulting in her consecutive unsatisfactory ratings for the first and second
semesters of 2008.
Respondent Sahi vehemently denied the charges against her and asserted that the allegations in
the Verified Complaint are maliciously concocted lies which are just part of complainant Judge
Alanos scheme to get back at her for earlier filing a complaint for grave abuse of authority
against said Judge. Respondent Sahi further argued that she did not expect a good performance
rating from complainant Judge Alano since the said Judge already disliked her from the very
beginning.
ISSUE:
Whether or not Respondent Sahi is administratively liable for Gross Inefficiency, Gross
Insubordination, and for being Notoriously Undesirable due to the alleged acts in the complaint
RULING:
Respondent Sahi is administratively liable. She is FINED an amount equivalent to her two
months salary, to be paid to the Court within 30 days from receipt of a copy of this Decision.
[N]o other office in the government service exacts a greater demand for moral righteousness and
uprightness from an employee than the judiciary. The conduct and behavior of everyone
connected with an office charged with the dispensation of justice, from the presiding judge to the
lowliest clerk, must always be beyond reproach and must be circumscribed with the heavy burden
of responsibility. Public officers must be accountable to the people at all times and serve them
with the utmost degree of responsibility and efficiency. Any act which falls short of the exacting
standards for public office, especially on the part of those expected to preserve the image of the
In this case, Respondent Sahis general denial carries little weight. As the preceding paragraphs
will show, there are specific charges against her, supported by documentary evidence, which she
had the opportunity to directly address and explain, but she merely glossed over. Her allegations
that complainant Judge Alano was merely retaliating against her after she filed an administrative
case against him; that the other complainants are mere stooges, subservient to complainant Judge
Alano; that Judge Alano had been pressuring employees to leave the court; and that complainant
Judge Alano gave her unsatisfactory performance rating because he did not like her from the very
beginning, are all uncorroborated and self-serving.
Thus, Respondent Sahi is administratively liable. She is FINED an amount equivalent to her two
months salary, to be paid to the Court within 30 days from receipt of a copy of this Decision.
Principle: A Lawyer Who Drafts A Contract Must See To It That The Agreement Faithfully And
Clearly Reflects The Agreement Of The Contracting Parties
by The Lawyer's Post March 28, 2015 0 Comments
Facts: Atty. Arturo Astorga (Arturo) and Florencio entered into a Deed of Sale with Right to
Repurchase a parcel of coconut land covered by TCT No. T-662 for P15,000.00, with a right to
repurchase the property within two years, and represented to Florencio that the property is free
from any liens and encumbrances, and that he had perfect right to dispose of the property as
owner in fee simple. The two-year period having lapsed without Arturo exercising his right to
repurchase, Florencio continued to possess the land until 1989 when he received letters from the
Rural Bank of Alguerra (RBAI) that the property was mortgaged to it; had foreclosed the same,
and that Florecio should vacate the property.
Alarmed at this development, Florencio proceeded to the Registry of Deeds, where he learned
that TCT No T-662 was already cancelled by TCT No. T-3211 in the name of PNB; TCT No. T-
3211 was eventually cancelled by virtue of TCT No. T-7235 by virtue of a deed of sale between
Arturo and his wife; and Arturo then mortgaged TCT No. T-7235 to RBAI, and when the
property was foreclosed, it was cancelled and TCT No. TP-10635 issued to RBAI. Florencio lost
possession of the property to RBAI. Because of this, Florencio filed a case for Estafa, and an
administrative complaint for disbarment against Arturo. In his defense, Arturo denied entering
into a deed of sale with a right to repurchase with Florencio, and averred that it was merely an
equitablele mortgage, and if complainant would render an accounting of the produce from the
property, he would have gained more than P15,000.00 After investigation and report, the IBP
recommended that Arturo be suspended from the practice of law for two years with a warning
that repitition of the same would merit stricter punishment and for him to return the P15,000.00 to
Florencio with legal interest; the IBP found him liable for commission of unlawful acts especially
crimes involving moral turpitude, acts of dishonesty grossly immoral conduct and deceits merit
the punishment imposed on him.
Issue: Whether or not Atty. Astorga violated the Code of Professional Responsibility and
committed acts of dishonesty and grossly immoral conduct.
Ruling: The Court agrees with the recommendation of the IBP Board of Governors to suspend
respondent from the practice of law for two years, but it refrains from ordering respondent to
return the P15,000.00 consideration, plus interest.
Respondent does not deny executing the Deed of Sale with Right to Repurchase dated
December 2, 1981 in favor of complainant. However, respondent insists that the deed is not one
of sale with pacto de retro, but one of equitable mortgage. Thus, respondent argues that he still
had the legal right to mortgage the subject property to other persons. Respondent additionally
asserts that complainant should render an accounting of the produce the latter had collected from
the said property, which would already exceed the P15,000.00 consideration stated in the deed.
When respondent was admitted to the legal profession, he took an oath where he undertook to
obey the laws, do no falsehood, and conduct [him]self as a lawyer according to the best of
[his] knowledge and discretion[1]. He gravely violated his oath.
The Investigating Commissioner correctly found, and the IBP Board of Governors rightly agreed,
that respondent caused the ambiguity or vagueness in the Deed of Sale with Right to
Repurchase as he was the one who prepared or drafted the said instrument. Respondent could
have simply denominated the instrument as a deed of mortgage and referred to himself and
complainant as mortgagor and mortgagee, respectively, rather than as vendor a retro and
vendee a retro. If only respondent had been more circumspect and careful in the drafting and
preparation of the deed, then the controversy between him and complainant could have been
avoided or, at the very least, easily resolved. His imprecise and misleading wording of the said
deed on its face betrayed lack of legal competence on his part. He thereby fell short of his oath to
conduct [him]self as a lawyer according to the best of [his] knowledge and discretion.
More significantly, respondent transgressed the laws and the fundamental tenet of human
relations as embodied in Article 19 of the Civil Code:
Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.
Respondent, as owner of the property, had the right to mortgage it to complainant but, as a
lawyer, he should have seen to it that his agreement with complainant is embodied in an
instrument that clearly expresses the intent of the contracting parties. A lawyer who drafts a
contract must see to it that the agreement faithfully and clearly reflects the intention of the
contracting parties. Otherwise, the respective rights and obligations of the contracting parties will
be uncertain, which opens the door to legal disputes between the said parties. Indeed, the
uncertainty caused by respondents poor formulation of the Deed of Sale with Right to
Repurchase was a significant factor in the legal controversy between respondent and
complainant. Such poor formulation reflects at the very least negatively on the legal competence
of respondent.
Under Section 63 of the Land Registration Act[2], the law in effect at the time the PNB acquired
the subject property and obtained TCT No. T-3211 in its name in 1972, where a decree in favor of
a purchaser who acquires mortgaged property in foreclosure proceedings becomes final, such
purchaser becomes entitled to the issuance of a new certificate of title in his name and a
memorandum thereof shall be indorsed upon the mortgagors original certificate[3]. TCT No.
T-662, which respondent gave complainant when they entered into the Deed of Sale with Right
to Repurchase dated December 2, 1981, does not bear such memorandum but only a
memorandum on the mortgage of the property to PNB in 1963 and the subsequent amendment of
the mortgage.
Respondent dealt with complainant with bad faith, falsehood, and deceit when he entered into the
Deed of Sale with Right to Repurchase dated December 2, 1981 with the latter. He made it
appear that the property was covered by TCT No. T-662 under his name, even giving
CANON 1 A lawyer shall uphold the constitution, obey the laws of the land and promote
respect for law and legal processes.
Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Under Canon 1, a lawyer is not only mandated to personally obey the laws and the legal
processes, he is moreover expected to inspire respect and obedience thereto. On the other hand,
Rule 1.01 states the norm of conduct that is expected of all lawyers[5].
Any act or omission that is contrary to, prohibited or unauthorized by, in defiance of, disobedient
to, or disregards the law is unlawful. Unlawful conduct does not necessarily imply the
element of criminality although the concept is broad enough to include such element[6].
[Having] the proclivity for fraudulent and deceptive misrepresentation, artifice or device that is
used upon another who is ignorant of the true facts, to the prejudice and damage of the party
imposed upon. In order to be deceitful, the person must either have knowledge of the falsity or
acted in reckless and conscious ignorance thereof, especially if the parties are not on equal terms,
and was done with the intent that the aggrieved party act thereon, and the latter indeed acted in
reliance of the false statement or deed in the manner contemplated to his injury[7].
The actions of respondent in connection with the execution of the Deed of Sale with Right to
Repurchase clearly fall within the concept of unlawful, dishonest, and deceitful conduct. They
violate Article 19 of the Civil Code. They show a disregard for Section 63 of the Land
Registration Act. They also reflect bad faith, dishonesty, and deceit on respondents part. Thus,
respondent deserves to be sanctioned.
Respondents breach of his oath, violation of the laws, lack of good faith, and dishonesty are
compounded by his gross disregard of this Courts directives, as well as the orders of the IBPs
Investigating Commissioner (who was acting as an agent of this Court pursuant to the Courts
referral of these cases to the IBP for investigation, report and recommendation), which caused
delay in the resolution of these administrative cases.
When these cases were referred to the IBP and during the proceedings before the IBPs
Investigating Commissioner, respondent was again required several times to submit his
consolidated answer. He only complied on August 28, 2003, or more than six years after this
Court originally required him to do so. The Investigating Commissioner also directed the parties
to submit their respective position papers. Despite having been given several opportunities to
submit the same, respondent did not file any position paper[10].
Respondents disregard of the directives of this Court and of the Investigating Commissioner,
which caused undue delay in these administrative cases, contravenes the following provisions of
the Code of Professional Responsibility:
CANON 11 A lawyer shall observe and maintain the respect due to the courts and to judicial
officers and should insist on similar conduct by others.
xxxx
CANON 12 A lawyer shall exert every effort and consider it his duty to assist in the speedy and
efficient administration of justice.
xxxx
Rule 12.03 A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda
or briefs, let the period lapse without submitting the same or offering an explanation for his
failure to do so.
Rule 12.04 A lawyer shall not unduly delay a case, impede the execution of a judgment or
misuse court processes.
Respondents infractions are aggravated by the fact that he has already been imposed a
disciplinary sanction before. In Nuez v. Atty. Astorga[11], respondent was held liable for
conduct unbecoming an attorney for which he was fined P2,000.00.
Given the foregoing, the suspension of respondent from the practice of law for two years, as
recommended by the IBP Board of Governors, is proper.
The Court, however, will not adopt the recommendation of the IBP to order respondent to return
the sum of P15,000.00 he received from complainant under the Deed of Sale with Right to
Repurchase. This is a civil liability best determined and awarded in a civil case rather than the
present administrative cases.
In Roa v. Moreno[12], the Court pronounced that [i]n disciplinary proceedings against lawyers,
the only issue is whether the officer of the court is still fit to be allowed to continue as a member
of the Bar. Our only concern is the determination of respondents administrative liability. Our
findings have no material bearing on other judicial action which the parties may choose to file
against each other. While the respondent lawyers wrongful actuations may give rise at the same
time to criminal, civil, and administrative liabilities, each must be determined in the appropriate
case; and every case must be resolved in accordance with the facts and the law applicable and the
quantum of proof required in each. Section 5,[13] in relation to Sections 1[14] and 2[15] Rule
The Court notes that based on the same factual antecedents as the present administrative cases,
complainant instituted a criminal case for estafa against respondent, docketed as Criminal Case
No. 3112-A, before the MTC. When a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged shall be deemed instituted with the
criminal action unless the offended party waives the civil action, reserves the right to institute it
separately or institutes the civil action prior to the criminal action[17]. Unless the complainant
waived the civil action, reserved the right to institute it separately, or instituted the civil action
prior to the criminal action, then his civil action for the recovery of civil liability arising from the
estafa committed by respondent is deemed instituted with Criminal Case No. 3112-A. The civil
liability that complainant may recover in Criminal Case No. 3112-A includes restitution;
reparation of the damage caused him; and/or indemnification for consequential damages[18],
which may already cover the P15,000.00 consideration complainant had paid for the subject
property.
WHEREFORE, respondent is hereby found GUILTY of the following: breach of the Lawyers
Oath; unlawful, dishonest, and deceitful conduct; and disrespect for the Court and causing undue
delay of these cases, for which he is SUSPENDED from the practice of law for a period of two
(2) years, reckoned from receipt of this Decision, with WARNING that a similar misconduct in
the future shall be dealt with more severely.
Let a copy of this Decision be furnished the Office of the Bar Confidant and the Integrated Bar of
the Philippines for their information and guidance. The Court Administrator is directed to
circulate this Decision to all courts in the country.
SO ORDERED.
On January 26, 2010, the Office of the Court Administrator, Office of Administrative Services
(OCA-OAS), required Piang to submit several documents, which included a complete DTR or
Bundy Card, verified as to the prescribed office hours by the Presiding Judge/Clerk of Court,
one month from the date of his assumption.
On February 22, 2010, Piang submitted the requirements to the OCA-OAS, including two
DTRs with detailed time-in and time-out entries for the months of February and March
2010. 2 The DTR for the month of February 2010 reported Piang's time-in and time-out
from February 15, 2010 to February 26, 2010, when it should only validly cover the period
of February 15, 2010 up to February 21, 2010, the day prior to its submission to the OCA-
OAS. In addition, the DTR for the month of March 2010 already contained complete time-in
and time-out entries for the entire month even when the same had not yet transpired and
become due. Thus, Court Administrator Jose Midas P. Marquez (Marquez), in his 1st
Indorsement 3 dated April 5, 2010, required Piang to comment on his anomalous DTRs for
February and March 2010.
In his explanation letter 4 dated February 22, 2010 addressed to the OCA-OAS, Piang said
that it was an honest mistake caused by his lack of knowledge of the policies being
implemented by the office. He claimed that he understood the OCAOAS directive to submit
"complete DTR or Bundy Card verified as to prescribed office hours by the Presiding
Judge/Clerk of court, one month from the date of assumption" to mean that he should
already submit DTRs for the remaining days of February and of the whole month of March
2010 even though he had not yet worked on those days. He further explained that he had no
fraudulent intention and that the error was due to sheer inadvertence on his part alone,
being too excited to perform his duties and to have the documents signed by former Judge
Cader P. Indar (Indar). He simply forgot to seek advice from Judge Indar. Piang adopted the
same explanation in his subsequent Comment 5 dated May 24, 2010.
In the Agenda Report 7 dated May 9, 2011, the OCA found sufficient reason to hold Piang
administratively liable. The OCA opined that the punching of the remaining working days
for the month of February and for the entire month of March 2010, even for dates that were
not yet due, is an outright violation of OCA Circular 7- 2003. Failure to submit true and
accurate DTRs/Bundy Cards amounts to falsification which is punishable by dismissal, and
under Civil Service Rules and Regulations, it is dishonesty. The OCA, however, took into
In a Resolution 11 dated February 8, 2012, the Court required Judge Indar to show cause
why he failed to comply with the earlier Resolution dated June 29, 2011 of the Court and
directed him anew to submit the required comment.
Issue: Whether or not Piang is guilty of dishonesty and gross misconduct and
insubordination against Judge Indar.
Ruling:
OCA Circular No. 7-2003 clearly states that court personnel should indicate in their bundy
cards the "truthful and accurate times" of their arrival at, and departure from, the office. As
we have ruled in Garcia v. Bada and Servino v. Adolfo , court employees must follow the
clear mandate of OCA Circular No. 7-2003. Piang's entries in his February and March 2010
DTRs for dates that had not yet come to pass were a clear violation of OCA Circular No. 7-
2003.
Section 4, Rule XVII (on Government Office Hours) of the Omnibus Rules Implementing
Book V of Executive Order No. 292 and Other Pertinent Civil Service Laws also provides that
falsification or irregularities in the keeping of time records will render the guilty officer or
employee administratively liable. There is no other way but for the Court to view Piang's
falsification of his February and March 2010 DTRs as tantamount to dishonesty. He cannot
claim honest mistake as he was fully aware when he accomplished his DTRs for February
and March 2010 that there were dates that had not yet even come to pass and for whichhe
could not have reported for work yet.
In a Resolution issued more than a year later, on June 29, 2011, the Court likewise ordered
Judge Indar to submit his comment on the matter of Piang's anomalous DTRs. Then, in
another Resolution dated February 8, 2012, the Court already required Judge Indar to show
cause why he failed to comply with the Resolution dated June 29, 2011 and directed him
once more to file his comment. Despite being given notices of the aforementioned letter and
Resolutions, Judge Indar filed his Comment only on October 7, 2013, and even then, he did
not offer any apology and/or explanation for his long delay in complying with the
directives/orders of the OCA and this Court. In fact, Judge Indar has still not complied with
the show-cause order of the Court contained in its Resolution dated February 8, 2012.
It is worthy to note further that Judge Indar, at that time, was already suspended pending
investigation of another administrative case against him, 21 and Judge Indar failed to file his
comment and compliance with the directives/orders of the Court in said
other case. The conduct exhibited by Judge Indar constitutes no less than a clear act of
defiance, revealing his deliberate disrespect and indifference to the authority of the Court. It
is completely unacceptable especially for a judge.
Facts:
An administrative matter arose from the judicial audit of the Municipal Trial Court in Cities (MTCC) of
Alaminos City, Pangasinan, then presided by Judge Borromeo R. Bustamante (Bustamante). Judge
Bustamante retired on November 6, 2010.
Judge Bustamante also tried to justify the delays in rendering decisions because of the heavy volume of
work in the court.
The OCA was unconvinced by the explanation of the Judge and held him liable for gross inefficiency thus
subjecting him to pay a fine of P20,000.00, to be taken from his retirement benefits.
Issue:
Ruling:
Thee Court agrees with the findings and recommendation of the OCA.
Decision-making, among other duties, is the primordial and most important duty of a member of the bench.
The speedy disposition of cases in the courts is a primary aim of the judiciary so the ends of justice may not
be compromised and the judiciary will be true to its commitment to provide litigants their constitutional
right to a speedy trial and a speedy disposition of their cases.
A judge is mandated to render a decision not more than 90 days from the time a case is submitted for
decision. Judges are to dispose of the court's business promptly and decide cases within the period specified
in the Constitution, that is, 3 months from the filing of the last pleading, brief or memorandum. Failure to
observe said rule constitutes a ground for administrative sanction against the defaulting judge, absent
sufficient justification for his non-compliance therewith.
A member of the bench cannot pay mere lip service to the 90-day requirement; he/she should instead
persevere in its implementation. Heavy caseload and demanding workload are not valid reasons to fall
behind the mandatory period for disposition of cases. The Court usually allows reasonable extensions of
time to decide cases in view of the heavy caseload of the trial courts. If a judge is unable to comply with the
90-day reglementary period for deciding cases or matters, he/she can, for good reasons, ask for an
extension and such request is generally granted. But Judge Bustamante did not ask for an extension in any
Equally unacceptable for the Court is Judge Bustamante's explanation that he failed to decide Civil Case
Nos. 1937 and 2056 because of the lack of Transcript of Stenographic Notes (TSN). These two cases were
allegedly heard when he was not yet the presiding judge of the MTCC
Lack of transcript of stenographic notes shall not be a valid reason to interrupt or suspend the period for
deciding the case unless the case was previously heard by another judge not the deciding judge in which
case the latter shall have the full period of ninety (90) days from the completion of the transcripts within
which to decide the same
The OCA reported that contrary to his claim, Judge Bustamante substantially heard Civil Case Nos. 1937
and 2056, until the two cases were submitted for decision on November 20, 2009 and February 27, 2010,
respectively. Even if it were true that the two cases were heard by the previous presiding judge of the
MTCC, there is no showing that from the time the cases had been submitted for decision until Judge
Bustamante's retirement on November 6, 2010, Judge Bustamante made an effort to have the TSN
completed. Although technically, the 90-day period would have started to run only upon the completion of
the TSN, the Court finds Judge Bustamante's lack of effort to have the TSN completed as the root cause for
the delay in deciding the two cases. DTIACH
Least acceptable of Judge Bustamante's explanations for his delay in deciding cases and/or resolving
pending incidents was oversight. A judge is responsible, not only for the dispensation of justice but also for
managing his court efficiently to ensure the prompt delivery of court services. Since he is the one directly
responsible for the proper discharge of his official functions, he should know the cases submitted to him for
decision or resolution, especially those pending for more than 90 days.
There is no dispute that Judge Bustamante failed to decide cases and resolve pending incidents within the
reglementary period, and without authorized extension from the Court and valid reason for such failure,
Judge Bustamante is administratively liable for undue delay in rendering a decision or order.