Beruflich Dokumente
Kultur Dokumente
Prepared by:
Domingo, Roxanne G.
2011-015291
Prepared by:
Domingo, Roxanne G.
2011-015291
Ruling:
Yes, the prosecution effectively established the elements of the crime charged.
The elements necessary for the prosecution of a charge for illegal sale of dangerous drugs under
Section 5, Article II of R.A. 9165 are: (1) the identities of the buyer and the seller, the object, and
the consideration; and (2) the delivery of the thing sold and the payment therefor.
On the other hand, the elements of the crime of illegal possession of dangerous drug are: (a) the
accused is in possession of an item or object that is identified to be a prohibited or dangerous
drug; (b) such possession is not authorized by law; and (c) the accused freely and consciously
possessed the drug.
All the elements of the crimes of illegal sale and illegal possession of shabu, a dangerous drug,
were clearly proven by the prosecution through the credible testimony of IO1 Kintanar. The
identity of the parties to the sale transaction (Dela Pea and IO1 Kintanar) involving the subject
sachet of shabu worth P300.00 and the consummation of the sale were duly established by IO1
Kintanar. IO1 Kintanars testimony likewise established the illegal possession of sachets
of shabu by Dela Pea and Delima. No ill-motive was shown by the defense for IO1 Kintanar to
unjustly implicate Dela Pea and Delima in the present cases. Where there is no evidence that
the principal witness for the prosecution was actuated by improper motive, like IO1 Kintanar in
the present case, the presumption is that he was not actuated and his testimony is entitled to full
faith and credit.
xxx
The contents of the plastic sachet sold by Dela Pea to IO1 Kintanar and the four sachets found
in the formers possession, as well as, the single sachet seized from Delima, all tested positive for
Methamphetamine Hydrochloride or shabu, a dangerous drug, upon the laboratory examination
conducted by FC Sahagun. Her findings are contained in Chemistry Report No. D-663-2008, the
genuineness and due execution of which was admitted by the defense. Verily, the report of a
government forensic chemist regarding a recovered prohibited drug enjoys the presumption of
regularity as to its preparation. Being an official record made in the performance of FC
Sahaguns official duty, the entries in Chemistry Report No. D-663-2008 are prima
facie evidence of the facts they state. Dela Pea and Delima failed to overcome with competent
evidence the positive findings for shabu of the contents of the subject sachets as contained in
Chemistry Report No. D-663-2008.
Prepared by:
Domingo, Roxanne G.
2011-015291
At any rate, this Court finds nothing out of the ordinary nor irregular in the mailing of the
motion of respondents as would put in doubt the timeliness of its filing. The mailing of the
motion was done on the deadline for the filing and service of such, which was October 21, 2005,
as indicated by the post office on the envelopes as well as in the registry receipts sent to the
NLRC. Thus, the motion is considered filed on that date and the filing was on time. Petitioner
does not dispute but even admits the fact that the envelopes and registry receipts bear that date.
The rule is that whenever the filing of a motion or pleading is not done personally, the date of
mailing (by registered mail), as indicated by the post office on the envelope or the registry
receipt, is considered as the date of filing. The fact that the post office indicated October 21,
2005 on the envelope and receipts as the mailing date, as examined first-hand by the NLRC
based on its records, entitles respondents to the presumption that the motion was indeed mailed
on said date. Official duties in this case, of a post office employee are presumed to be
regularly performed, unless there is an assertion otherwise and the one so asserting rebuts such
with affirmative evidence of irregularity or failure to perform a duty. In addition, the stamps and
marks made by the postal worker are considered entries in the regular course of duty which are
considered accurate unless proven otherwise.
Prepared by:
Domingo, Roxanne G.
2011-015291
be found guilty of simple rape because AAAs minority was not proven in evidence in accord
with jurisprudence.
Issue: Whether accused-appellant could only be charged of simple rape instead of statutory rape
in relation to violation of RA 7610 because of the absence of AAAs Certificate of Live Birth to
the prosecutions formal offer.
Ruling:
Accused-appellant can only be charged of simple rape.
This Court has held that for minority to be considered as an element of a crime or a
qualifying circumstance in the crime of rape, it must not only be alleged in the Information, but it
must also be established with moral certainty. Under Rule 130 of the Rules on Evidence, it is
inferred that the victim's birth certificate is the best evidence of her age. We are guided by the
guidelines set in People v. Pruna in appreciating age as an element of the crime or as an
aggravating or qualifying circumstance:
1. The best evidence to prove the age of the offended party is an original or certified true
copy of the certificate of live birth of such party.
2. In the absence of a certificate of live birth, similar authentic documents such as baptismal
certificate and school records which show the date of birth of the victim would suffice to
prove age.
3. If the certificate of live birth or authentic document is shown to have been lost or
destroyed or otherwise unavailable, the testimony, if clear and credible, of the victim's
mother or a member of the family either by affinity or consanguinity who is qualified to
testify on matters respecting pedigree such as the exact age or date of birth of the offended
party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the
following circumstances:
a.
b.
c.
If the victim is alleged to be below 3 years of age and what is sought to be proved is
that she is less than 7 years old;
If the victim is alleged to be below 7 years of age and what is sought to be proved is
that she is less than 12 years old;
If the victim is alleged to be below 12 years of age and what is sought to be proved is
that she is less than 18 years old.
4. In the absence of a certificate of live birth, authentic document, or the testimony of the victim's
mother or relatives concerning the victim's age, the complainant's testimony will suffice provided
that it is expressly and clearly admitted by the accused.
5. It is the prosecution that has the burden of proving the age of the offended party. The failure of
the accused to object to the testimonial evidence regarding age shall not be taken against him.
Prepared by:
Domingo, Roxanne G.
2011-015291
6. The trial court should always make a categorical finding as to the age of the victim. (Citations
omitted)
Absent AAA's certificate of live birth and other means by which her age as alleged in the
Information could have been ascertained beyond doubt, this Court is constrained to agree with
the CA and deem the crime committed as simple rape.
Prepared by:
Domingo, Roxanne G.
2011-015291
June 9, 2014
Ruling:
The prosecution was able to prove petitioners guilt beyond reasonable doubt
through the circumstantial evidence that assisted the case.
NBI Agent Segunial testified that he had investigated Reyes and reduced the latters
statement into writing declaring, among others, that in the morning of December 15, 1996, he
(Reyes) overheard petitioner telling Sotero "Ayaw ko nang abutin pa ng bukas yang si Berbon"
and saw them armed with .45 caliber pistol and an armalite, respectively, before boarding a red
car. The CA gave weight to Reyes sworn statement in this wise:
The probative value of Romeo Reyess sworn statement as to the words spoken by appellant to
his co-accused Sotero Paredes in the morning of December 15, 1996 cannot be disputed. x x x
xxx
The hearsay evidence rule as provided under Section 36, Rule 130 of the Rules of Court states:
Sec. 36. Testimony generally confined to personal knowledge; hearsay excluded. A witness can
testify only to those facts which he knows of his personal knowledge; that is, which are derived
from his own perception, except as otherwise provided in these rules.
Evidence is hearsay when its probative force depends in whole or in part on the competency and
credibility of some persons other than the witness by whom it is sought to produce. However,
while the testimony of a witness regarding a statement made by another person given for the
purpose of establishing the truth of the fact asserted in the statement is clearly hearsay evidence,
it is otherwise if the purpose of placing the statement on the record is merely to establish the fact
that the statement, or the tenor of such statement, was made. Regardless of the truth or falsity of
a statement, when what is relevant is the fact that such statement has been made, the hearsay rule
does not apply and the statement may be shown. As a matter of fact, evidence as to the making of
the statement is not secondary but primary, for the statement itself may constitute a fact in issue
or is circumstantially relevant as to the existence of such a fact. This is known as the doctrine of
independently relevant statements.
In the present case, the testimony of NBI Agent Segunial that while he was investigating Reyes,
the latter confided to him that he (Reyes) heard petitioner telling Sotero "Ayaw ko nang abutin pa
ng bukas yang si Berbon" and that he saw the two (petitioner and Sotero) armed with a .45
caliber pistol and an armalite, respectively, before boarding a red car, cannot be regarded as
hearsay evidence. This is considering that NBI Agent Segunials testimony was not presented to
prove the truth of such statement but only for the purpose of establishing that on February 10,
1997, Reyes executed a sworn statement containing such narration of facts. This is clear from the
offer of the witness oral testimony. Moreover, NBI Agent Segunial himself candidly admitted
that he is incompetent to testify on the truthfulness of Reyes statement. Verily then, what the
prosecution sought to be admitted was the fact that Reyes made such narration of facts in his
sworn statement and not necessarily to prove the truth thereof. Thus, the testimony of NBI Agent
Prepared by:
Domingo, Roxanne G.
2011-015291
Segunial is in the nature of an independently relevant statement where what is relevant is the fact
that Reyes made such statement and the truth and falsity thereof is immaterial. In such a case, the
statement of the witness is admissible as evidence and the hearsay rule does not apply. xxx
Prepared by:
Domingo, Roxanne G.
2011-015291
June 9, 2014
Prepared by:
Domingo, Roxanne G.
2011-015291
Ruling:
Yes, MERALCO is entitled to a tax refund but only to the amount of THIRTYNINE
MILLION THREE HUNDRED FIFTY-NINE THOUSAND TWO HUNDRED FIFTYFOUR PESOS & SEVENTY-NINE CENTAVOS (P39,359,254.79) representing the final
withholding taxes erroneously paid and remitted for the period December 2002 to
September 2003. Petitioners claim in the amount of TWO HUNDRED TWENTY-FOUR
MILLION SEVEN HUNDRED SIXTY THOUSAND NINE HUNDRED TWENTY-SIX
PESOS & SIXTY-FIVE CENTAVOS (P224,760,926.65) representing erroneously paid and
remitted final income taxes for the period January 1999 to July 2002 is denied on the
ground of prescription.
First, as correctly decided by the CTA En Banc, the certification issued by the Embassy
of the Federal Republic of Germany, dated March 27, 2002, explicitly states that NORD/LB is
owned by the State of Lower Saxony, Saxony-Anhalt and Mecklenburg-Western Pomerania, and
serves as a regional bank for the said states which offers support in the public sector financing, to
wit:
x x x.
Regarding your letter dated March 1, 2002, I can confirm the following:
NORD/LB is owned by the State (Land)of Lower Saxony to the extent of 40%, by the States of
[Saxony-]Anhalt and Mecklenburg-Western Pomerania to the extent of 10% each. The Lower
Saxony Savings Bank and Central Savings Bank Association have a share of [26.66%]. The
Savings Bank Association Saxony-Anhalt and the Savings Bank Association MecklenburgWestern Pomerania have a share of [6.66%] each.
As the regional bank for Lower Saxony, Saxony-Anhalt and MecklenburgWestern Pomerania,
NORD/LB offers support in public sector financing. It fulfills as Girozentrale the function of a
central bank for the savings bank in these three states (Lander).
xxx
Given that the same was issued by the Embassy of the Federal Republic of Germany in the
regular performance of their official functions, and the due execution and authenticity thereof
was not disputed when it was presented in trial, the same may be admitted as proof of the facts
stated therein. Further, it is worthy to note that the Embassy of the Federal Republic of Germany
was in the best position to confirm such information, being the representative of the Federal
Republic of Germany here in the Philippines.
Prepared by:
Domingo, Roxanne G.
2011-015291
May 5, 2014
was elevated to the Supreme Court wherein one of the contentions of the accused-appellants in
order to obtain a reversal of the judgment is the fact that the testimonies of the UP Diliman
Police and bystanders in the area when the incident took place constitutes part of res gestae and
therefore must be considered contrary to the victims statements.
Issue: Whether the testimonies of the UP Diliman Police and the bystanders who saw the rumble
should be given credence so as to overturn the positive identification of the surviving victims.
Ruling:
Evidence as part of the res gestae may be admissible but have little persuasive value
in this case.
According to the testimony of U.P. Police Officer Salvador, when he arrived at the scene,
he interviewed the bystanders who all told him that they could not recognize the attackers since
they were all masked. This, it is argued, could be evidence that could be given as part of the res
gestae.
As a general rule, "[a] witness can testify only to the facts he knows of his personal
knowledge; that is, which are derived from his own perception, x x x." All other kinds of
testimony are hearsay and are inadmissible as evidence. The Rules of Court, however, provide
several exceptions to the general rule, and one of which is when the evidence is part of res
gestae, thus:
Section 42. Part of res gestae. - Statements made by a person while a starting occurrence
is taking place or immediately prior or subsequent thereto with respect to the circumstances
thereof, may be given in evidence as part of res gestae. So, also, statements accompanying an
equivocal act material to the issue, and giving it a legal significance, may be received as part of
the res gestae.
In People v. Rodrigo Salafranca, this court has previously discussed the admissibility of
testimony taken as part of res gestae, stating that:
A declaration or an utterance is deemed as part of the res gestae and thus admissible in evidence
as an exception to the hearsay rule when the following requisites concur, to wit: (a) the principal
act, the res gestae, is a startling occurrence; (b) the statements are made before the declarant had
time to contrive or devise; and (c) the statements must concern the occurrence in question and its
immediately attending circumstances.
xxxx
The term res gestae has been defined as "those circumstances which are the undersigned
incidents of a particular litigated act and which are admissible when illustrative of such
act." In a general way, res gestae refers to the circumstances, facts, and declarations that
grow out of the main fact and serve to illustrate its character and are so spontaneous and
Prepared by:
Domingo, Roxanne G.
2011-015291
contemporaneous with the main fact as to exclude the idea of deliberation and
fabrication. The rule on res gestae encompasses the exclamations and statements made by
either the participants, victims, or spectators to a crime immediately before, during, or
immediately after the commission of the crime when the circumstances are such that the
statements were made as a spontaneous reaction or utterance inspired by the excitement
of the occasion and there was no opportunity for the declarant to deliberate and to
fabricate a false statement. The test of admissibility of evidence as a part of the res gestae
is, therefore, whether the act, declaration, or exclamation is so intimately interwoven or
connected with the principal fact or event that it characterizes as to be regarded as a part
of the transaction itself, and also whether it clearly negatives any premeditation or
purpose to manufacture testimony.
There is no doubt that a sudden attack on a group peacefully eating lunch on a school
campus is a startling occurrence. Considering that the statements of the bystanders were made
immediately after the startling occurrence, they are, in fact, admissible as evidence given in res
gestae.
In People v. Albarido, however, this court has stated that "in accord to ordinary human
experience:"
x x x persons who witness an event perceive the same from their respective points of reference.
Therefore, almost always, they have different accounts of how it happened. Certainly, we cannot
expect the testimony of witnesses to a crime to be consistent in all aspects because different
persons have different impressions and recollections of the same incident. x x x
(Emphasis supplied)
The statements made by the bystanders, although admissible, have little persuasive value
since the bystanders could have seen the events transpiring at different vantage points and at
different points in time. Even Frisco Capilo, one of the bystanders at the time of the attack,
testified that the attackers had their masks on at first, but later on, some remained masked and
some were unmasked.
When the bystanders' testimonies are weighed against those of the victims who witnessed
the entirety of the incident from beginning to end at close range, the former become merely
corroborative of the fact that an attack occurred. Their account of the incident, therefore, must be
given considerably less weight than that of the victims.
Prepared by:
Domingo, Roxanne G.
2011-015291
April 7, 2014
Prepared by:
Domingo, Roxanne G.
2011-015291
Ruling:
1. The statement made by Januario to SPO3 Mendoza should only be considered as
part of res gestae.
xxx even if Januarios utterances could not be appreciated as a dying declaration, his
statements may still be appreciated as part of the res gestae. Res gestae refers to the
circumstances, facts, and declarations that grow out of the main fact and serve to
illustrate its character and are so spontaneous and contemporaneous with the main fact as
to exclude the idea of deliberation and fabrication. The test of admissibility of evidence
as a part of the res gestae is, therefore, whether the act, declaration, or exclamation, is so
interwoven or connected with the principal fact or event that it characterizes as to be
regarded as a part of the transaction itself, and also whether it clearly negates any
premeditation or purpose to manufacture testimony.
The requisites for admissibility of a declaration as part of the res gestae concur
herein. When Januario gave the identity of the assailants to SPO3 Mendoza, he was
referring to a startling occurrence which is the stabbing by appellant and his co-accused.
At that time, Januario and the witness were in the vehicle that would bring him to the
hospital, and thus, had no time to contrive his identification of the assailant. His utterance
about appellant and his co-accused having stabbed him, in answer to the question of
SPO3 Mendoza, was made in spontaneity and only in reaction to the startling occurrence.
Definitely, the statement is relevant because it identified the accused as the authors of the
crime. Verily, the killing of Januario, perpetrated by appellant, is adequately proven by
the prosecution.
2. The crime of robbery with homicide as charged in the information should not be
upheld. Instead, the crime of murder properly suits the case.
It is, therefore, clear from the foregoing that the evidence presented to prove the robbery
aspect of the special complex crime of robbery with homicide, does not show that robbery
actually took place. The prosecution did not convincingly establish the corpus delicti of the
crime of robbery.
xxx In this case, the element of taking, as well as the existence of the money alleged to
have been lost and stolen by appellant, was not adequately established. We find no sufficient
evidence to show either the amount of money stolen, or if any amount was in fact stolen from
Januario. Even if we consider Januarios dying declaration, the same pertains only to the
stabbing incident and not to the alleged robbery.
From the evidence presented, we find that as alleged in the information, abuse of superior
strength attended the commission of the crime, and thus, qualifies the offense to murder.
Abuse of superior strength is considered whenever there is a notorious inequality of forces
between the victim and the aggressor, assessing a superiority of strength notoriously
advantageous for the aggressor which the latter selected or took advantage of in the
commission of the crime.
Prepared by:
Domingo, Roxanne G.
2011-015291
Ruling:
As to the hearsay rule, Section 44 of Rule 130 of the Rules of Court similarly provides
that entries in official records are an exception to the rule. The rule provides that entries in
official records made in the performance of the duty of a public officer of the Philippines, or by a
person in the performance of a duty specially enjoined by law, are prima facie evidence of the
facts therein stated. The necessity of this rule consists in the inconvenience and difficulty of
requiring the official's attendance as a witness to testify to the innumerable transactions in the
course of his duty. The document's trustworthiness consists in the presumption of regularity of
performance of official duty.
Cadastral maps are the output of cadastral surveys. The DENR is the department tasked
to execute, supervise and manage the conduct of cadastral surveys. It is, therefore, clear that the
cadastral map and the corresponding list of claimants qualify as entries in official records as they
were prepared by the DENR, as mandated by law. As such, they are exceptions to the hearsay
rule and are prima facie evidence of the facts stated therein.
Prepared by:
Domingo, Roxanne G.
2011-015291
Ruling:
No, accused-appellant should only be convicted of simple rape because the
qualifying circumstance of the victim being below 18 years of age coupled with the fact that
the offender is a relative of said victim has not been fully established.
With respect to the element that makes the offense qualified rape, that is, the minority of
the victim coupled with the fact that the accused is related to her within the third civil degree, it
bears stressing that both minority and the third degree relationship must be established.
As to the age of the victim as a component of the qualifying circumstance, the case of
People v. Flores laid down the following guidelines on how to prove the age of the offended
party:
1.
The best evidence to prove the age of the offended party is an original or certified
true copy of the certificate of live birth of such party.
2.
In the absence of a certificate of live birth, similar authentic documents such as
baptismal certificate and school records which show the date of birth of the victim would suffice
to prove age.
3. If the certificate of live birth or authentic document is shown to have been lost or
destroyed or otherwise unavailable, the testimony, if clear and credible, of the victims mother or
a member of the family either by affinity or consanguinity who is qualified to testify on matters
respecting pedigree such as the exact age or date of birth of the offended party pursuant to
Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the following
circumstances:
a. If the victim is alleged to be below 3 years of age and what is sought to be
proved is that she is less than 7 years old;
b. If the victim is alleged to be below 7 years of age and what is sought to be
proved is that she is less than 12 years old;
c. If the victim is alleged to be below 12 years of age and what is sought to be
proved is that she is less than 18 years old.
4. In the absence of a certificate of live birth, authentic document, or the testimony of the
victims mother or relatives concerning the victims age, the complainants testimony will suffice
provided that it is expressly and clearly admitted by the accused.
5. It is the prosecution that has the burden of proving the age of the offended party. The
failure of the accused to object to the testimonial evidence regarding age shall not be taken
against him.
In People v. Ortega, we explained how to resolve this doubt in the victims age:
x x x Given the doubt as to AAAs exact age, the RTC properly convicted
Ortega only of simple rape punishable by reclusion perpetua.
In People v. Alvarado, we did not apply the death penalty because
the victims age was not satisfactorily established, thus:
Prepared by:
Domingo, Roxanne G.
2011-015291
was not alleged in the information in this case. Even if it were so alleged, it was still necessary
to specifically allege that such relationship was within the third civil degree.
(Citations omitted; emphasis and underscoring supplied)
Since the Informations contained only a statement that the accused appellant was the
uncle of AAA without stating that they were relatives within the third civil degree, the qualifying
circumstance of relationship cannot likewise be appreciated in the case at bar.
Prepared by:
Domingo, Roxanne G.
2011-015291
Prepared by:
Domingo, Roxanne G.
2011-015291
For a dying declaration to constitute an exception to the hearsay evidence rule, four (4)
conditions must concur: (a) the declaration must concern the cause and surrounding
circumstances of the declarants death; (b) that at the time the declaration was made, the
declarant is conscious ofhis impending death; (c) the declarant was competent as a witness; and
(d) the declaration is offered in a criminal case for Homicide, Murder, or Parricide where the
declarant is the victim. On the other hand, a statement to be deemed to form part of the res
gestae, and thus, constitute another exception to the rule on hearsay evidence, requires the
concurrence of the following requisites: (a) the principal act, the res gestae, is a startling
occurrence; (b) the statements were made before the declarant had time to contrive or devise; and
(c) the statements must concern the occurrence in question and its immediately attending
circumstances.
In the case at bar, SPO2 Borres statements constitute a dying declaration, given that they
pertained to the cause and circumstances of his death and taking into consideration the number
and severity of his wounds, it may be reasonably presumed that he uttered the same under a fixed
belief that his own death was already imminent. This declaration is considered evidence of the
highest order and is entitled to utmost credence since no person aware of his impending death
would make a careless and false accusation. Verily, because the declaration was made in
extremity, when the party is at the point of death and when every motive of falsehood is silenced
and the mind is induced by the most powerful considerations to speak the truth, the law deems
this as a situation so solemn and awful as creating an obligation equal to that which is imposed
by an oath administered in court.
In the same vein, SPO2 Borres statements may likewise be deemed to form part of the
res gestae. Res gestae refers to the circumstances, facts, and declarations that grow out of the
main fact and serve to illustrate its character and are so spontaneous and contemporaneous with
the main fact as to exclude the idea of deliberation and fabrication. The test of admissibility of
evidence as a part of the res gestae is, therefore, whether the act, declaration, or exclamation is
so intimately interwoven or connected with the principal fact or event that it characterizes as to
be regarded as a part of the transaction itself, and also whether it clearly negates any
premeditation or purpose to manufacture testimony. In this case, SPO2 Borres statements refer
to a startling occurrence, i.e., him being shot by Palanas and his companion. While on his way to
the hospital, SPO2 Borre had no time to contrive the identification of his assailants. Hence, his
utterance was made in spontaneity and only in reaction to the startling occurrence. Definitely,
such statement is relevant because it identified Palanas as one of the authors of the crime.
Therefore, the killing of SPO2 Borre, perpetrated by Palanas, is adequately proven by the
prosecution.
Prepared by:
Domingo, Roxanne G.
2011-015291