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Philippine Supreme Court Jurisprudence > Year 2014 > September 2014 Decisions > G.R. No. 207950, September 22, 2014 -
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK JASON CHAVEZ Y BITANCOR ALIAS NOY, Accused-Appellant.:

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Search G.R. No. 207950, September 22, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK JASON CHAVEZ Y
BITANCOR ALIAS NOY, Accused-Appellant.

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SECOND DIVISION

G.R. No. 207950, September 22, 2014

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK JASON CHAVEZ Y BITANCOR ALIAS NOY, Accused-
Appellant.

DECISION

LEONEN, J.:

Every conviction for any crime must be accompanied by the required moral certainty that the accused has committed
the offense charged beyond reasonable doubt. The prosecution must prove the offenders intent to take personal
property before the killing, regardless of the time when the homicide [was] actually carried out1 in order to convict for
the crime of robbery with homicide. The accused may nevertheless be convicted of the separate crime of homicide
once the prosecution establishes beyond reasonable doubt the accuseds culpability for the victims death.

In the information dated November 8, 2006, Mark Jason Chavez y Bitancor (Chavez) was charged with the crime of
robbery with homicide: ChanRoblesVirtualawlibrary

That on or about October 28, 2006, in the City of Manila, Philippines, the said accused, did then and
there wilfully, unlawfully and feloniously, with intent of gain and means of force, violence and
intimidation upon the person of ELMER DUQUE y OROS, by then and there, with intent to kill, stabbing
the latter repeatedly with a kitchen knife, thereby inflicting upon him mortal stab wounds which were
the direct and immediate cause of his death thereafter, and on the said occasion or by reason thereof,
DebtKollect Company, Inc. accused took, robbed and carried away the following:

One (1) Unit Nokia Cellphone


One (1) Unit Motorola Cellphone
Six (6) pcs. Ladies Ring
Two (2) pcs. Necklace
One (1) pc. Bracelet

All of undetermined value and undetermined amount of money, all belonging to said ELMER DUQUE y
OROS @ BARBIE to the damage and prejudice of the said owner/or his heirs, in the said undetermined
amount in Philippines currency.

Contrary to law.2

Chavez pleaded not guilty during his arraignment on December 4, 2006. The court proceeded to trial. The prosecution
presented Angelo Peamante (Peamante), P/Chief Inspector Sonia Cayrel (PCI Cayrel), SPO3 Steve Casimiro (SPO3
Casimiro), Dr. Romeo T. Salen (Dr. Salen), and Raymund Senofa as witnesses. On the other hand, the defense
presented Chavez as its sole witness.3 cralawred

The facts as found by the lower court are as follows.


ChanRobles Intellectual Property Division
On October 28, 2006, Peamante arrived home at around 2:45 a.m., coming from work as a janitor in Eastwood City.4
When he was about to go inside his house at 1326 Tuazon Street, Sampaloc, Manila, he saw a person wearing a black,
long-sleeved shirt and black pants and holding something while leaving the house/parlor of Elmer Duque (Barbie) at
1325 Tuazon Street, Sampaloc, Manila, just six meters across Peamantes house.5 cralawred

There was a light at the left side of the house/parlor of Barbie, his favorite haircutter, so Peamante stated that he was
able to see the face of Chavez and the clothes he was wearing.6 cralawred

Chavez could not close the door of Barbies house/parlor so he simply walked away. However, he dropped something
that he was holding and fell down when he stepped on it.7 He walked away after, and Peamante was not able to
determine what Chavez was holding.8 Peamante then entered his house and went to bed.9 cralawred
Sometime after 10:00 a.m., the Scene of the Crime Ofce (SOCO) team arrived, led by PCI Cayrel. She was joined by
PO3 Rex Maglansi (photographer), PO1 Joel Pelayo (sketcher), and a ngerprint technician.10 They conducted an
initial survey of the crime scene after coordinating with SPO3 Casimiro of the Manila Police District Homicide
Section.11 cralawred

The team noted that the lobby and the parlor were in disarray, and they found Barbies dead body inside.12 They took
photographs and collected ngerprints and other pieces of evidence such as the 155 pieces of hair strands found
clutched in Barbies left hand.13 They documented the evidence then turned them over to the Western Police District
Chemistry Division. Dr. Salen was called to conduct an autopsy on the body.14 cralawred

At around 11:00 a.m., Peamantes landlady woke him up and told him that Barbie was found dead at 9:00 a.m. He
then informed his landlady that he saw Chavez leaving Barbies house at 2:45 a.m.15 cralawred

At around 1:00 p.m., Dr. Salen conducted an autopsy on the body and found that the time of death was approximately
12 hours prior to examination.16 There were 22 injuries on Barbies body 21 were stab wounds in various parts of
the body caused by a sharp bladed instrument, and one incised wound was caused by a sharp object.17 Four (4) of the
stab wounds were considered fatal.18 cralawred

The next day, the police invited Peamante to the Manila Police Station to give a statement. Peamante described to
SPO3 Casimiro the physical appearance of the person he saw leaving Barbies parlor.19 cralawred

Accompanied by his mother, Chavez voluntarily surrendered on November 5, 2006 to SPO3 Casimiro at the police
station.20 Chavez was then 22 years old.21 His mother told the police that she wanted to help her son who might be
involved in Barbies death.22 cralawred

SPO3 Casimiro informed them of the consequences in executing a written statement without the assistance of a
lawyer. However, Chavezs mother still gave her statement, subscribed by Administrative Ofcer Alex Francisco.23 She
also surrendered two cellular phones owned by Barbie and a baseball cap owned by Chavez.24 cralawred

The next day, Peamante was again summoned by SPO3 Casimiro to identify from a line-up the person he saw leaving
Barbies house/parlor that early morning of October 28, 2006.25 Peamante immediately pointed to and identied
Chavez and thereafter executed his written statement.26 There were no issues raised in relation to the line-up.

On the other hand, Chavez explained that he was at home on October 27, 2006, exchanging text messages with Barbie
on whether they could talk regarding their misunderstanding.27 According to Chavez, Barbie suspected that he was
having a relationship with Barbies boyfriend, Maki.28 When Barbie did not reply to his text message, Chavez decided
to go to Barbies house at around 1:00 a.m. of October 28, 2006.29 Barbie allowed him to enter the house, and he went
home after.30 cralawred

On August 19, 2011, the trial court31 found Chavez guilty beyond reasonable doubt of the crime of robbery with
homicide: ChanRoblesVirtualawlibrary

WHEREFORE, in view of the foregoing, this Court nds accused MARK JASON CHAVEZ y BITANCOR @
NOY GUILTY beyond reasonable doubt of the crime of Robbery with Homicide and hereby sentences
him to suffer the penalty of reclusion perpetua without eligibility for parole.

Further, he is ordered to pay to the heirs of the victim, Elmer Duque y Oros the sum of P75,000.00 as
death indemnity and another P75,000 for moral damages.

SO ORDERED.32

On February 27, 2013, the Court of Appeals33 afrmed the trial courts decision.34 Chavez then led a notice of appeal
pursuant to Rule 124, Section 13(c) of the Revised Rules of Criminal Procedure, as amended, elevating the case with
September-2014 Jurisprudence this court.35 cralawred

This court notied the parties to simultaneously submit supplemental briefs if they so desire. Both parties led
manifestations that they would merely adopt their briefs before the Court of Appeals.36
G.R. No. 205800, September 10, 2014 - MICROSOFT
cralawred

CORPORATION AND ADOBE SYSTEMS INCORPORATED, Petitioners,


v. SAMIR FARAJALLAH, VIRGILIO D.C. HERCE, RACHEL P. FOLLOSCO, In his brief, Chavez raised presumption of innocence, considering that the trial court overlooked and misapplied some
JESUSITO G. MORALLOS, AND MA. GERALDINE S. GARCIA facts of substance that could have altered its verdict.37 He argued that since the prosecution relied on purely
(DIRECTORS AND OFFICERS OF NEW FIELDS (ASIA PACIFIC), INC.), circumstantial evidence, conviction must rest on a moral certainty of guilt on the part of Chavez.38 In this case, even if
Respondents.
Peamante saw him leaving Barbies house, Peamante did not specify whether Chavez was acting suspiciously at
G.R. No. 201237, September 03, 2014 - PHILIPPINE TOURISTERS, that time.39 cralawred

INC. and/or ALEJANDRO R. YAGUE, JR., Petitioners, v. MAS TRANSIT


WORKERS UNION-ANGLO-KMU* AND ITS MEMBERS, REPRESENTED As regards his mothers statement, Chavez argued its inadmissibility as evidence since his mother was not presented
BY ABRAHAM TUMALA, JR., Respondents.
before the court to give the defense an opportunity for cross-examination.40 He added that afdavits are generally
G.R. No. 199388, September 03, 2014 - OMNI HAULING rejected as hearsay unless the afant appears before the court and testies on it.41 cralawred

SERVICES, INC., LOLITA FRANCO, and ANICETO FRANCO, Petitioners,


v. BERNARDO BON, ROBERTO TORTOLES, ROMEO TORRES, Chavez argued that based on Dr. Salens ndings, Barbies wounds were caused by two sharp bladed instruments, thus,
RODELLO* RAMOS, RICARDO DELOS SANTOS, JUANITO BON, it was possible that there were two assailants.42 It was also possible that the assailants committed the crime after
ELENCIO ARTASTE,** CARLITO VOLOSO, ROMEL TORRES, ROBERT
AVILA, EDUARDO BAUTISTA, MARTY VOLOSO, OSCAR JABEL, RICKY Chavez had left Barbies house.43 Given that many possible explanations t the facts, that which is consistent with the
AMORANTO, BERNARD OSINAGA, EDUARDO BON, JERRY EDUARCE, innocence of Chavez should be favored.44 cralawred

and FEDERICO BRAZIL, Respondents.


On the other hand, plaintiff-appellee argued that direct evidence is not indispensable when the prosecution is
G.R. No. 197329, September 08, 2014 - NATIONAL POWER
CORPORATION, Petitioner, v. LUIS SAMAR AND MAGDALENA
establishing guilt beyond reasonable doubt of Chavez.45 The circumstantial evidence presented before the trial court
SAMAR, Respondents. laid down an unbroken chain of events leading to no other conclusion than Chavezs acts of killing and robbing
Barbie.46cralawred

G.R. No. 205298, September 10, 2014 - LEOPOLDO QUINTOS Y


DEL AMOR, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. On the argument made by Chavez that his mothers statement was inadmissible as hearsay, plaintiff-appellee
A.C. No. 7474, September 09, 2014 - PRESIDING JUDGE JOSE L.
explained that the trial court did not rely on, and did not even refer to, any of the statements made by Chavezs
MADRID, REGIONAL TRIAL COURT, BRANCH 51, SORSOGON CITY, mother.47 cralawred

Complainant, v. ATTY. JUAN S. DEALCA, Respondent.


Finally, insofar as Chavezs submission that Dr. Salen testied on the possibility that there were two assailants, Dr.
G.R. No. 199139, September 09, 2014 - ELSIE S. CAUSING,
Salen equally testied on the possibility that there was only one.48
Petitioner, v. COMMISSION ON ELECTIONS AND HERNAN D. BIRON,
cralawred

SR., Respondents.
The sole issue now before us is whether Chavez is guilty beyond reasonable doubt of the crime of robbery with
G.R. No. 197336, September 03, 2014 - CORPORATION, Petitioner, homicide.
v. ROLANDO CORDERO, Respondent.
We reverse the decisions of the lower courts, but nd Chavez guilty of the crime of homicide.
G.R. No. 195549, September 03, 2014 - WILLAWARE PRODUCTS
CORPORATION, Petitioner, v. JESICHRIS MANUFACTURING
CORPORATION, Respondent. I

G.R. No. 183360, September 08, 2014 - ROLANDO C. DE LA PAZ,*, Chavez was found guilty of the special complex crime of robbery with homicide under the Revised Penal Code: ChanRoblesVirtualawlibrary

Petitioner, v. L & J DEVELOPMENT COMPANY, Respondent.

G.R. No. 196182, September 01, 2014 - ECE REALTY AND


Art. 294. Robbery with violence against or intimidation of persons Penalties. Any person guilty of
DEVELOPMENT INC., Petitioner, v. RACHEL G. MANDAP, Respondent.
robbery with the use of violence against or intimidation of any person shall suffer: ChanRoblesVirtualawlibrary

G.R. No. 178837, September 01, 2014 - COLEGIO DE SAN JUAN


DE LETRAN, Petitioner, v. ISIDRA DELA ROSA-MERIS, Respondent. 1) The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime
of homicide shall have been committed. . . .49
G.R. No. 198139, September 08, 2014 - NATIONAL POWER
CORPORATION, Petitioner, v. FELICISIMO TARCELO AND HEIRS OF
COMIA SANTOS, Respondents.
Chavez invokes his constitutional right to be presumed innocent, especially since the prosecutions evidence is purely
A.C. No. 10196, September 09, 2014 - MELODY R. NERY, circumstantial and a conviction must stand on a moral certainty of guilt.50 cralawred

Complainant, v. ATTY. GLICERIO A. SAMPANA, Respondent.


The Rules of Court expressly provides that circumstantial evidence may be sufcient to establish guilt beyond
G.R. No. 194507, September 08, 2014 - FEDERAL BUILDERS, INC.,
reasonable doubt for the conviction of an accused:
Petitioner, v. FOUNDATION SPECIALISTS, INC., Respondent.; G.R. NO.
ChanRoblesVirtualawlibrary

194621 - FOUNDATION SPECIALISTS, INC., Petitioner, v. FEDERAL


194621 - FOUNDATION SPECIALISTS, INC., Petitioner, v. FEDERAL
BUILDERS, INC., Respondent. SEC. 4. Circumstantial evidence, when sufcient. Circumstantial evidence is sufcient for conviction if: ChanRoblesVirtualawlibrary

G.R. No. 204233, September 03, 2014 - RICARDO A. DALUSONG,


Petitioner, v. EAGLE CLARC SHIPPING PHILIPPINES, INC., NORFIELD
OFFSHORE AS, AND/OR CAPT. LEOPOLDO T. ARCILLAR, AND COURT (a) There is more than one circumstance;
OF APPEALS, Respondents. (b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable
G.R. No. 197174, September 10, 2014 - FRANCLER P. ONDE, doubt.51
Petitioner, v. THE OFFICE OF THE LOCAL CIVIL REGISTRAR OF LAS
PIAS CITY, Respondent.

A.C. No. 8637, September 15, 2014 - IMELDA CATO GADDI, The lower courts found that the circumstantial evidence laid down by the prosecution led to no other conclusion than
Complainant, v. ATTY. LOPE M. VELASCO, Respondent. the commission by Chavez of the crime charged: ChanRoblesVirtualawlibrary

G.R. No. 178733, September 15, 2014 - ELISA ANGELES,


Petitioner, v. HON. COURT OF APPEALS, OFFICER-IN-CHARGE In the instant case, while there is no direct evidence showing that the accused robbed and fatally
MARILOU C. MARTIN, DEPUTY SHERIFF JOSELITO SP ASTORGA,
stabbed the victim to death, nonetheless, the Court believes that the following circumstances form a
MARCO BOCO, AND JOHN DOES, REGIONAL TRIAL COURT OF PASIG,
BRANCH 268, Respondents. solid and unbroken chain of events that leads to the conclusion, beyond reasonable doubt, that
accused Mark Jason Chavez y Bitancor @ Noy committed the crime charged, vi[z]: rst, it has been
G.R. No. 194946, September 03, 2014 - PEOPLE OF THE duly established, as the accused himself admits, that he went to the parlor of the victim at around 1:00
PHILIPPINES, Plaintiff-Appellee, v. ECO YABA Y BASA A.K.A. PLOK, oclock in the morning of 28 October 2006 and the accused was allowed by the victim to get inside his
Accused-Appellant. parlor as it serves as his residence too; second, the victims two (2) units of cellular phones (one red
G.R. No. 205357, September 02, 2014 - GMA NETWORK, INC.,
Nokia with model 3310 and the other one is a black Motorola) without sim cards and batteries, which
Petitioner, v. COMMISSION ON ELECTIONS, RESPONDENT. SENATOR were declared as part of the missing personal belongings of the victim, were handled to SPO3 Steve
ALAN PETER COMPAERO S. CAYETANO, Petitioner-Intervenor.; Casimiro by the mother of the accused, Anjanette C. Tobias on 05 November 2006 when the accused
G.R. NO. 205374 - ABC DEVELOPMENT CORPORATION, Petitioner, v. voluntarily surrendered, accompanied by his mother, at the police station: third, on 28 October 2006 at
COMMISSION ON ELECTIONS, Respondent.; G.R. NO. 205592 - about 2:45 oclock in the morning, witness Angelo Peamante, who arrived from his work, saw a
MANILA BROADCASTING COMPANY, INC. AND NEWSOUNDS
person holding and/or carrying something and about to get out of the door of the house of the victim
BROADCASTING NETWORK, INC., Petitioner, v. COMMISSION ON
ELECTIONS, Respondent.; G.R. NO. 205852 - KAPISANAN NG MGA located at 1325 G. Tuazon Street, Sampaloc, Manila, and trying to close the door but the said person
BRODKASTER NG PILIPINAS (KBP) AND ABS-CBN CORPORATION, was not able to successfully do so. He later positively identied the said person at the police station as
Petitioners, v. COMMISSION ON ELECTIONS, Respondent.; G.R. NO. MARK JASON CHAVEZ y BITANCOR @ NOY, the accused herein; and nally, the time when the
206360 - RADIO MINDANAO NETWORK, INC., Petitioner, v. accused decided on 27 October 2006 to patch up things with the victim and the circumstances (Dr.
COMMISSION ON ELECTIONS, Respondent. Salens testimony that the body of the victim was dead for more or less twelve (12) hours) when the
G.R. No. 199898, September 03, 2014 - PEOPLE OF THE
latter was discovered fatally killed on 28 October 2006 is not a co-incidence.
PHILIPPINES, Plaintiff-Appellee, v. LEO DE LA TRINIDAD Y OBALLES,
Accused-Appellant. The prosecution has equally established, based on the same circumstantial evidence, that the accused
had indeed killed the victim.52
G.R. No. 157583, September 10, 2014 - FRUMENCIO E. PULGAR,
Petitioner, v. THE REGIONAL TRIAL COURT OF MAUBAN, QUEZON,
BRANCH 64, QUEZON POWER (PHILIPPINES) LIMITED, CO.,
PROVINCE OF QUEZON,AND DEPARTMENT OF FINANCE, Factual ndings by the trial court on its appreciation of evidence presented by the parties, and even its conclusions
Respondents. derived from the ndings, are generally given great respect and conclusive effect by this court, more so when these
factual ndings are afrmed by the Court of Appeals.53 cralawred

G.R. No. 198656, September 08, 2014 - NANCY S. MONTINOLA,


Petitioner, v. PHILIPPINE AIRLINES, Respondent. Nevertheless, this court has held that [w]hat is imperative and essential for a conviction for the crime of robbery with
A.C. No. 9925, September 17, 2014 - MARIANO R. CRISTOBAL,
homicide is for the prosecution to establish the offenders intent to take personal property before the killing, regardless
Complainant, v. ATTY. RONALDO E. RENTA, Respondent. of the time when the homicide is actually carried out.54 In cases when the prosecution failed to conclusively prove
that homicide was committed for the purpose of robbing the victim, no accused can be convicted of robbery with
G.R. No. 212705, September 10, 2014 - ROBERTO CO, Petitioner, v. homicide.55
KENG HUAN JERRY YEUNG AND EMMA YEUNG, Respondents.
cralawred

A.C. No. 7184, September 17, 2014 - FELIPE B. ALMAZAN, SR., The circumstantial evidence relied on by the lower courts, as quoted previously, do not satisfactorily establish an
Complainant, v. ATTY. MARCELO B. SUERTE-FELIPE, Respondent. original criminal design by Chavez to commit robbery.

G.R. No. 190198, September 17, 2014 - COMMISSIONER OF At most, the intent to take personal property was mentioned by Chavezs mother in her statement as follows: ChanRoblesVirtualawlibrary

INTERNAL REVENUE, Petitioner, v. CE LUZON GEOTHERMAL POWER


COMPANY, INC., Respondent.

G.R. No. 184000, September 17, 2014 - PUERTO AZUL LAND, INC.,
Na si Noy na aking anak ay nagtapat sa akin tungkol sa kanyang kinalaman sa pagkamatay ni Barbie
Petitioner, v. PACIFIC WIDE REALTY DEVELOPMENT CORPORATION, at kasabay ang pagbigay sa akin ng dalawang (2) piraso ng cellular phones na pag/aari [sic] ni Barbie
Respondent. na kanyang kinuha pagka/tapos [sic] ng insidente.

G.R. No. 197857, September 10, 2014 - SPOUSES FRANCISCO Na ipinagtapat din sa akin ni Noy na ang ginamit na panaksak na isang kutsilyo na gamit namin sa
SIERRA (SUBSTITUTED BY DONATO, TERESITA, TEODORA,
bahay ay inihulog niya sa manhole sa tapat ng aming bahay matapos ang insidente.
LORENZA, LUCINA, IMELDA, VILMA, AND MILAGROS SIERRA) AND
ANTONINA SANTOS, SPOUSES ROSARIO SIERRA AND EUSEBIO
CALUMA LEYVA, AND SPOUSES SALOME SIERRA AND FELIX At ang isang piraso ng kwintas na kinuha rin nya mula kay Barbie ay naisanla niya sa isang sanglaan
GATLABAYAN (SUBSTITUTED BY BUENAVENTURA, ELPIDIO, sa Quezon City.
PAULINO, CATALINA, GREGORIO, AND EDGARDO GATLABAYAN,
LORETO REILLO, FERMINA PEREGRINA, AND NIDA HASHIMOTO), Na ang suot niyang tsinelas ay nag/iwan [sic] ng bakas sa pinangyarihan ng insidente. At sya rin ang
Petitioners, v. PAIC SAVINGS AND MORTGAGE BANK, INC.,
Respondent.
nakasugat sa kanyang sariling kamay ng [sic] maganap ang insidente.

A.M. No. P-13-3102 [Formerly OCA I.P.I. No. 07-2562-P], Na sinabi niya sa akin na wala siyang intensyon na patayin [sic] si Barbie kundi ay pagnakawan lamang.56
September 08, 2014 - JOSE S. VILLANUEVA, Complainant, v. ATTY. (Emphasis supplied)
PAULINO I. SAGUYOD, CLERK OF COURT VI, REGIONAL TRIAL
COURT, BRANCH 6, PANIQUI, TARLAC, Respondent.

G.R. No. 176121, September 22, 2014 - SPOUSES TEODORICO However, this statement is considered as hearsay, with no evidentiary value, since Chavezs mother was never
AND PACITA ROSETE, Petitioners, v. FELIX AND/OR MARIETTA presented as a witness during trial to testify on her statement.57 cralawred

BRIONES, SPOUSES JOSE AND REMEDIOS ROSETE, AND NEORIMSE


AND FELICITAS CORPUZ, Respondents. An original criminal design to take personal property is also inconsistent with the infliction of no less than 21 stab
wounds in various parts of Barbies body.58
G.R. No. 206912, September 10, 2014 - PEOPLE OF THE
cralawred

PHILIPPINES, Plaintiff-Appellee, v. DEMOSTHENES BONTUYAN,


Accused-Appellant. The number of stab wounds inflicted on a victim has been used by this court in its determination of the nature and
circumstances of the crime committed.
G.R. No. 189850, September 22, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. REYNALDO TORRES, JAY This may show an intention to ensure the death of the victim. In a case where the victim sustained a total of 36 stab
TORRES, BOBBY TORRES @ ROBERTO TORRES Y NAVA, BRION, AND
RONNIE TORRES, Accused, BOBBY TORRES @ ROBERTO TORRES Y
wounds in his front and back, this court noted that this number of stab wounds inflicted on the victim is a strong
NAVA, Accused-Appellant. indication that appellants made sure of the success of their effort to kill the victim without risk to themselves.59 cralawred

G.R. No. 174353, September 10, 2014 - NESTOR CHING AND This court has also looked into the number and gravity of the wounds sustained by the victim as indicative of the
ANDREW WELLINGTON, Petitioners, v. SUBIC BAY GOLF AND
accuseds intention to kill the victim and not merely to defend himself or others.60
COUNTRY CLUB, INC., HU HO HSIU LIEN ALIAS SUSAN HU, HU
cralawred

TSUNG CHIEH ALIAS JACK HU, HU TSUNG HUI, HU TSUNG TZU AND
REYNALD R. SUAREZ, Respondents. In the special complex crime of robbery with homicide, homicide is committed in order (a) to facilitate the robbery or
the escape of the culprit; (b) to preserve the possession by the culprit of the loot; (c) to prevent discovery of the
G.R. No. 188773, September 10, 2014 - HEIRS OF VALENTIN commission of the robbery; or (d) to eliminate witnesses to the commission of the crime.61 21 stab wounds would be
BASBAS, ANSELMA B. ENDRINAL, GERTRUDES BASBAS, RUFINA overkill for these purposes.
BASBAS, CEFERINA B. CARTECIANO, ANACLETO BASBAS, ARSENIA
BASBAS, ANASTACIO BASBAS, BEDACIO BASBAS, TEODOCIA B.
OCAMPO, SEGUNDO C. BASBAS, MARIA B. RAMOS AND EUGENIO The sheer number of stab wounds inflicted on Barbie makes it difcult to conclude an original criminal intent of merely
BASBAS IN REPRESENTATION OF PEDRO BASBAS; HERINO T. taking Barbies personal property.
BASBAS AND NESTOR T. BASBAS IN REPRESENTATION OF LUCAS
BASBAS; ADELAIDA B. FLORENTINO, RODRIGO BASBAS, FELIX In People v. Sanchez,62 this court found accused-appellant liable for the separate crimes of homicide and theft for
BASBAS, JR., TEODULO BASBAS, ANDRESITO BASBAS, LARRY
BASBAS AND JOEY BASBAS IN REPRESENTATION OF FELIX failure of the prosecution to conclusively prove that homicide was committed for the purpose of robbing the victim: ChanRoblesVirtualawlibrary

BASBAS, SR., VICTOR BEATO, ALIPIO BEATO, EUTIQUIO BEATO,


JULIANA B. DIAZ, PABLO BEATO AND ALEJANDRO BEATO IN
REPRESENTATION OF REMIGIA B. BEATO, AS REPRESENTED BY But from the record of this case, we nd that the prosecution palpably failed to substantiate its
RODRIGO BASBAS, Petitioners, v. RICARDO BASBAS AS allegations of the presence of criminal design to commit robbery, independent of the intent to commit
REPRESENTED BY EUGENIO BASBAS, Respondents. homicide. There is no evidence showing that the death of the victim occurred by reason or on the
G.R. No. 176697, September 10, 2014 - CESAR V. AREZA AND occasion of the robbery. The prosecution was silent on accused-appellants primary criminal intent.
LOLITA B. AREZA, Petitioners, v. EXPRESS SAVINGS BANK, INC. AND Did he intend to kill the victim in order to steal the cash and the necklace? Or did he intend only to kill
MICHAEL POTENCIANO, Respondents. the victim, the taking of the latters personal property being merely an afterthought? Where the
homicide is not conclusively shown to have been committed for the purpose of robbing the victim, or
G.R. No. 197486, September 10, 2014 - RENATO L. DELFINO, SR. where the robbery was not proven at all, there can be no conviction for robo con homicidio.63
(DECEASED), REPRESENTED BY HIS HEIRS, NAMELY: GRACIA
cralawred

DELFINO, GREGORIO A. DELFINO, MA. ISABEL A. DELFINO, RENATO


A. DELFINO, JR., MA. REGINA DELFINO ROSELLA, MA. GRACIA A.
DELFINO, MARIANO A. DELFINO, MA. LUISA DELFINO GREGORIO II
AND REV. FR. GABRIEL A. DELFINO, Petitioners, v. AVELINO K.
ANASAO AND ANGEL K. ANASAO (DECEASED AND REPRESENTED This court nds that the prosecution proved beyond reasonable doubt the guilt of Chavez for the separate crime of
BY HIS SOLE HEIR, SIXTO C. ANASAO), Respondents. homicide.
G.R. No. 193426, September 29, 2014 - SUBIC BAY LEGEND First, the alibi of Chavez still places him at the scene of the crime that early morning of October 28, 2006.
RESORTS AND CASINOS, INC., Petitioner, v. BERNARD C.
FERNANDEZ, Respondent.
The victim, Elmer Duque, went by the nickname, Barbie, and he had a boyfriend named Maki. Nevertheless, Chavez
G.R. No. 176020, September 29, 2014 - HEIRS OF TELESFORO described his friendship with Barbie to be [w]ere like brothers.64 He testied during cross-examination that he was a
JULAO, NAMELY, ANITA VDA. DE ENRIQUEZ, SONIA J. TOLENTINO frequent visitor at Barbies parlor that he cannot recall how many times he had been there.65 This speaks of a close
AND RODERICK JULAO, Petitioners, v. SPOUSES ALEJANDRO AND
relationship between Chavez and Barbie.
MORENITA DE JESUS, Respondents.

A.C. No. 7337, September 29, 2014 - ROLANDO VIRAY, Chavez testied that he went to Barbies house at 1:00 in the morning of October 28, 2006 to settle his
Complainant, v. ATTY. EUGENIO T. SANICAS, Respondent. misunderstanding with Barbie who suspected him of having a relationship with Barbies boyfriend: ChanRoblesVirtualawlibrary

G.R. No. 204160, September 22, 2014 - SPOUSES MICHELLE M.


NOYNAY AND NOEL S. NOYNAY, Petitioners, v. CITIHOMES BUILDER MARK JASON CHAVEZ was a friend to the victim, Barbie, for almost three (3) years and the two (2)
AND DEVELOPMENT, INC., Respondent.
treated each other like brothers. The latter, however, suspected Mark Jason of having a relationship
G.R. No. 202701, September 10, 2014 - PEOPLE OF THE with Maki Aover, Barbies boyfriend for six (6) months, which resulted in a misunderstanding between
PHILIPPINES, Plaintiff-Appellee, v. EDILBERTO BALIBAY Y LABIS them. Mark Jason tried to patch things up with Barbie so thru a text message he sent on the evening
AND MARICEL BALIBAY BIJA-AN, Defendant-Appellants. of 27 October 2006, he asked if they could talk. When Barbie did not reply, he decided to visit him at his
parlor at around 1:00 oclock in the morning. Barbie let him in and they tried to talk about the situation
G.R. No. 178911, September 17, 2014 - EDUARDO D. MONSANTO,
between them. Their rift, however, was not xed so he decided to go home. Later on, he learned that
DECOROSO D. MONSANTO, SR., AND REV. FR. PASCUAL D.
MONSANTO, JR., Petitioners, v. LEONCIO LIM AND LORENZO DE Barbie was already dead.66
GUZMAN, Respondents.

G.R. No. 195289, September 24, 2014 - ROBINSONS BANK This court has considered motive as one of the factors in determining the presence of an intent to kill,67 and a
CORPORATION (FORMERLY THE ROYAL BANK OF SCOTLAND confrontation with the victim immediately prior to the victims death has been considered as circumstantial evidence
[PHILS.], INC.), Petitioner, v. HON. SAMUEL H. GAERLAN, HON.
HAKIM S. ABDULWAHID AND HON. RICARDO R. ROSARIO, IN THEIR for homicide.68cralawred

CAPACITY AS ASSOCIATE JUSTICES RESPECTIVELY OF THE TENTH


DIVISION OF THE COURT OF APPEALS, AND TRADE AND Second, the number of stab wounds inflicted on Barbie strengthens an intention to kill and ensures his death. The
INVESTMENT DEVELOPMENT CORPORATION OF THE PHILIPPINES, prosecution proved that there was a total of 22 stab wounds found in different parts of Barbies body and that a kitchen
Respondents. knife was found in a manhole near Chavezs house at No. 536, 5th Street, San Beda, San Miguel, Manila.69 cralawred

G.R. No. 181921, September 17, 2014 - INTERORIENT MARITIME


ENTERPRISES, INC., Petitioner, v. VICTOR M. CREER III, Respondent. The Court of Appeals recitation of facts quoted the statement of Chavezs mother. This provides, among others, her
sons confession for stabbing Barbie and throwing the knife used in a manhole near their house: ChanRoblesVirtualawlibrary

A.M. No. 2010-21-SC, September 30, 2014 - Re: ANONYMOUS


LETTER-COMPLAINT ON THE ALLEGED INVOLVEMENT AND FOR
ENGAGING IN THE BUSINESS OF LENDING MONEY AT USURIOUS Na si Noy na aking anak ay nagtapat sa akin tungkol sa kanyang kinalaman sa pagkamatay ni Barbie
RATES OF INTEREST OF MS. DOLORES T. LOPEZ, SC CHIEF
JUDICIAL STAFF OFFICER, AND MR. FERNANDO M. MONTALVO, SC at kasabay ang pagbigay sa akin ng dalawang (2) piraso ng cellular phones na pag/aari [sic] ni Barbie
SUPERVISING JUDICIAL STAFF OFFICER, CHECKS DISBURSEMENT na kanyang kinuha pagka/tapos [sic] ng insidente.
DIVISION, FISCAL MANAGEMENT AND BUDGET OFFICE.
Na ipinagtapat din sa akin ni Noy na ang ginamit na panaksak na isang kutsilyo na gamit namin sa bahay ay
G.R. No. 207950, September 22, 2014 - PEOPLE OF THE inihulog niya sa manhole sa tapat ng aming bahay matapos ang insidente.
PHILIPPINES, Plaintiff-Appellee, v. MARK JASON CHAVEZ Y
BITANCOR ALIAS NOY, Accused-Appellant.
At ang isang piraso ng kwintas na kinuha rin nya mula kay Barbie ay naisanla niya sa isang sanglaan
A.M. No. 2008-23-SC, September 30, 2014 - ALLEGED LOSS OF sa Quezon City.
VARIOUS BOXES OF COPY PAPER DURING THEIR TRANSFER FROM
THE PROPERTY DIVISION, OFFICE OF ADMINISTRATIVE SERVICES Na ang suot niyang tsinelas ay nag/iwan [sic] ng bakas sa pinangyarihan ng insidente. At sya rin ang
(OAS), TO THE VARIOUS ROOMS OF THE PHILIPPINE JUDICIAL nakasugat sa kanyang sariling kamay ng [sic] maganap ang insidente.
ACADEMY.; [A.M. No. 2014-025-Ret.] - RELEASE OF COMPULSORY
RETIREMENT BENEFITS UNDER R.A. NO. 8291 OF MR. ISIDRO P.
AUSTRIA, FORMER SUPPLY OFFICER II, PHILIPPINE JUDICIAL Na sinabi niya sa akin na wala siyang intensyon na patayin [sic] si Barbie kundi ay pagnakawan lamang.70
ACADEMY, SUPREME COURT. (Emphasis supplied)
G.R. No. 202733, September 30, 2014 - DEVELOPMENT BANK OF
THE PHILIPPINES, Petitioner, v. COMMISSION ON AUDIT, JANEL D. Even if this statement was not taken into account for being hearsay, further investigation conducted still led to the
NACION, DIRECTOR IV, LEGAL SERVICES SECTOR OF COA, AND THE
SUPERVISING AUDITOR OF THE DEVELOPMENT BANK OF THE unearthing of the kitchen knife with a hair strand from a manhole near Chavezs house.71 cralawred

PHILIPPINES, Respondents.
Third, no reason exists to disturb the lower courts factual ndings giving credence to 1) Peamantes positive
A.M. No. P-14-3260 (Formerly A.M. No. 12-2-38- RTC ), identication of Chavez as the person leaving Barbies house that early morning of October 28, 200672 and 2) the
September 16, 2014 - OFFICE OF THE COURT ADMINISTRATOR,
medico-legals testimony establishing Barbies time of death as 12 hours prior to autopsy at 1:00 p.m., thus, narrowing
Complainant, v. EDGAR S. CRUZ, CLERK III, REGIONAL TRIAL COURT,
BRANCH 52, GUAGUA, PAMPANGA, Respondent. the time of death to approximately 1:00 a.m. of the same day, October 28, 2006.73 cralawred

G.R. No. 210658, September 17, 2014 - PEOPLE OF THE All these circumstances taken together establish Chavezs guilt beyond reasonable doubt for the crime of homicide.
PHILIPPINES, Plaintiff-Appellee, v. PRIMO P. JAPSON ALIAS
LONGLONG, Accused-Appellant. III
G.R. No. 187144, September 17, 2014 - CARMEN T. GAHOL,
SUBSTITUTED BY HER HEIRS, RICARDO T. GAHOL, MARIA ESTER There is a disputable presumption that a person found in possession of a thing taken in the doing of a recent wrongful
GAHOL PEREZ, JOSE MARI T. GAHOL, LUISITO T. GAHOL AND act is the taker and the doer of the whole act; otherwise, that thing which a person possesses, or exercises acts of
ALCREJ CORPORATION, Petitioners, v. ESPERANZA COBARRUBIAS, ownership over, are owned by him.74 Thus, when a person has possession of a stolen property, he can be disputably
Respondent.
presumed as the author of the theft.75 cralawred

G.R. No. 191712, September 17, 2014 - EDITA S. BUENO AND


MILAGROS E. QUINAJON, Petitioners, v. OFFICE OF THE Barbies missing cellular phones were turned over to the police by Chavezs mother, and this was never denied by the
OMBUDSMAN, NAPOLEON S. RONQUILLO, JR., EDNA G. RAA AND defense.76 Chavez failed to explain his possession of these cellular phones.77 The Court of Appeals discussed that a
ROMEO G. REFRUTO, Respondents. cellular phone has become a necessary accessory, no person would part with the same for a long period of time,
G.R. No. 204755, September 17, 2014 - SOLEDAD TRIA, Petitioner, especially in this case as it involves an expensive cellular phone unit, as testied by Barbies kababayan, witness
v. PEOPLE OF THE PHILIPPINES, Respondent. Raymond Seno[f]a.78 cralawred

G.R. No. 189863, September 17, 2014 - PEDRO LIBANG, JR., However, with Chavez and Barbies close relationship having been established, there is still a possibility that these
Petitioner, v. INDOCHINA SHIP MANAGEMENT INC., MR. MIGUEL cellphones were lent to Chavez by Barbie.
SANTOS AND MAJESTIC CARRIERS, INC., Respondents.

A.C. No. 9115, September 17, 2014 - REBECCA MARIE UY The integrity of these cellphones was also compromised when SPO3 Casimiro testied during cross-examination that
YUPANGCO-NAKPIL, Complainant, v. ATTY. ROBERTO L. UY, the police made no markings on the cellphones, and their SIM cards were removed.
Respondent.

G.R. No. 201644, September 24, 2014 - PEOPLE OF THE Q: But you did not place any marking on the cellphone, Mr. witness?
PHILIPPINES, Petitioner, v. JOSE C. GO AND AIDA C. DELA ROSA,
A: No, sir.
Respondents.
Atty. Villanueva: No further questions, Your Honor.
G.R. No. 206555, September 17, 2014 - ATTY. FORTUNATO Court: When you received the items, there were no markings also?
PAGDANGANAN, JR., ATTY. ABIGAIL D. SUAREZ, AND EUGENIO A. Witness: No, Your Honor.
VILLANUEVA, Petitioners, v. FLORENTINO P. SARMIENTO, Court: The cellular phones, were they complete with the sim cards and the batteries?
Respondent. A: Theres no sim card, Your Honor.
G.R. No. 188909, September 17, 2014 - REPUBLIC OF THE Q: No sim card and batteries?
PHILIPPINES, REPRESENTED BY THE OFFICE OF THE PRESIDENT, A: Yes, Your Honor.
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS AND Q: No markings when you received and you did not place markings when these were turned
PRESIDENTIAL ANTI-GRAFT COMMISSION, Petitioners, v. over to the Public Prosecutor, no markings?
FLORENDO B. ARIAS, ASSISTANT DIRECTOR, BUREAU OF A: No markings, Your Honor.79
EQUIPMENT, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS,
Respondent.

G.R. No. 158583, September 10, 2014 - ROSALIE L. GARGOLES, The other missing items were no longer found, and no evidence was presented to conclude that these were taken by
Petitioner, v. REYLITA S. DEL ROSARIO, DOING BUSINESS UNDER Chavez. The statement of Chavezs mother mentioned that her son pawned one of Barbies necklaces [At ang isang
THE NAME AND STYLE JAY ANNE'S ONE HOUR PHOTO SHOP, piraso ng kwintas na kinuha rin nya mula kay Barbie ay naisanla niya sa isang sanglaan sa Quezon City80], but, as earlier
Respondent. discussed, this statement is mere hearsay.
G.R. No. 158150, September 10, 2014 - AGRIEX CO., LTD.,
Petitioner, v. HON. TITUS B. VILLANUEVA, COMMISSIONER, BUREAU In any case, the penalty for the crime of theft is based on the value of the stolen items.81 The lower court made no
OF CUSTOMS (NOW REPLACED BY HON. ANTONIO M. BERNARDO), factual ndings on the value of the missing items enumerated in the information one Nokia cellphone unit, one
AND HON. BILLY C. BIBIT, COLLECTOR OF CUSTOMS, PORT OF Motorola cellphone unit, six pieces ladies ring, two pieces necklace, and one bracelet.
SUBIC (NOW REPLACED BY HON. EMELITO VILLARUZ),
Respondents.
At most, prosecution witness Raymund Senofa, a town mate of Barbie, testied that he could not remember the model
G.R. No. 182794, September 08, 2014 - PEOPLE OF THE of the Motorola flip-type cellphone he saw used by Barbie but that he knew it was worth P19,000.00 more or less.82
PHILIPPINES, Plaintiff-Appellee, v. BOBBY BELGAR, Accused- This amounts to hearsay as he has no personal knowledge on how Barbie acquired the cellphone or for how much.
Appellant.
These circumstances create reasonable doubt on the allegation that Chavez stole the missing personal properties of
G.R. No. 206510, September 16, 2014 - MOST REV. PEDRO D.
ARIGO, Vicar Apostolic of Puerto Princesa D.D.; MOST REV.
Barbie.
DEOGRACIAS S. INIGUEZ, JR., Bishop-Emeritus ofCaloocan,
FRANCES Q. QUIMPO, CLEMENTE G. BAUTISTA, JR., Kalikasan-PNE, IV
MARIA CAROLINA P. ARAULLO, RENATO M. REYES, JR.,
BagongAlyansang Makabayan, HON. NERI JAVIER COLMENARES, It is contrary to human nature for a mother to voluntarily surrender her own son and confess that her son committed a
BayanMuna Party-list, ROLAND G. SIMBULAN, PH.D., Junk
VFAMovement, TERESITA R. PEREZ, PH.D., HON. RAYMOND V. heinous crime.
PALATINO, Kabataan Party-list, PETER SJ. GONZALES, Pamalakaya,
GIOVANNI A. TAPANG, PH. D., Agham, ELMER C. LABOG, Kilusang Chavez was 22 years old, no longer a minor, when he voluntarily went to the police station on November 5, 2006 for
Mayo Uno, JOAN MAY E. SALVADOR, Gabriela, JOSE ENRIQUE A. investigation,83 and his mother accompanied him. SPO3 Casimiro testied that the reason she surrendered Chavez
AFRICA, THERESA A. CONCEPCION, MARY JOAN A. GUAN, NESTOR
was because she wanted to help her son84 and perhaps the accused felt that [the investigating police] are getting
T. BAGUINON, PH.D., A. EDSEL F. TUPAZ, Petitioners, v. SCOTT H.
SWIFT in his capacity as Commander of the U.S. 7th Fleet, MARK A. nearer to him.85 Nevertheless, during cross-examination, SPO3 Casimiro testied: ChanRoblesVirtualawlibrary

RICE in his capacity as Commanding Ofcer of the USS Guardian,


PRESIDENT BENIGNO S. AQUINO III in his capacity as Commander-
in-Chief of the Armed Forces of the Philippines, HON. ALBERT F. DEL Q: Regarding the mother, Mr. witness, did I get you right that when the mother brought her son,
ROSARIO, Secretary, Department of Foreign Affairs, HON. PAQUITO according to you she tried to help her son, is that correct?
OCHOA, JR., Executive Secretary, Ofce of the President, HON. A: That is the word I remember, sir.
VOLTAIRE T. GAZMIN, Secretary, Department of National Defense,
HON. RAMON JESUS P. PAJE, Secretary, Department of Environment Q: Of course, said help you do not know exactly what she meant by that?
and Natural Resources, VICE ADMIRAL JOSE LUIS M. ALANO, A: Yes, sir.
Philippine Navy Flag Ofcer in Command, Armed Forces of the Q: It could mean that she is trying to help her son to be cleared from this alleged crime, Mr.
Philippines, ADMIRAL RODOLFO D. ISORENA, Commandant, witness?
Philippine Coast Guard, COMMODORE ENRICO EFREN EVANGELISTA, A: Maybe, sir.86
Philippine Coast Guard Palawan, MAJOR GEN. VIRGILIO O. DOMINGO,
Commandant of Armed Forces of the Philippines Commandand LT.
GEN. TERRY G. ROBLING, US Marine Corps Forces, Pacic and
Balikatan 2013 Exercise Co-Director, Respondents. Chavezs mother turned-over (2) units of Cellular-phones and averred that her son Mark Jason told her that said
cellphones belong[ed] to victim Barbie. . . [that] NOY was wounded in the incident and that the fatal weapon was put in
A.C. No. 10438, September 23, 2014 - CF SHARP CREW a manhole infront [sic] of their residence.87 The records are silent on whether Chavez objected to his mothers
MANAGEMENT INCORPORATED, Complainant, v. NICOLAS C. statements. The records also do not show why the police proceeded to get his mothers testimony as opposed to
TORRES, Respondent.
getting Chavezs testimony on his voluntary surrender.
G.R. No. 209286, September 23, 2014 - LINA DELA PEA
JALOVER, GEORGIE A. HUISO AND VELVET BARQUIN ZAMORA, At most, the lower court found that Chavezs mother was informed by the investigating ofcer at the police station of
Petitioners, v. JOHN HENRY R. OSMEA AND COMMISSION ON the consequences in executing a written statement without the assistance of a lawyer.88 She proceeded to give her
ELECTIONS (COMELEC), Respondents.
statement dated November 7, 2006 on her sons confession of the crime despite the warning.89 SPO3 Casimiro
G.R. No. 182424, September 22, 2014 - NENITA CARGANILLO, testied during his cross-examination: ChanRoblesVirtualawlibrary

Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 192957, September 29, 2014 - EMMANUEL B. MORAN, Q: Do you remember if anybody assisted this Anjanette Tobias when she executed this
JR., (DECEASED), SUBSTITUTED BY HIS WIDOW, CONCORDIA V. Afdavit you mentioned?
MORAN, Petitioner, v. OFFICE OF THE PRESIDENT OF THE
A: She was with some neighbors.
PHILIPPINES, AS REPRESENTED BY THE HONORABLE EXECUTIVE
SECRETARY EDUARDO R. ERMITA AND PGA CARS, INC., Atty. Villanueva
Respondents. Q: How about a lawyer, Mr. Witness?
A: None, sir.
G.R. No. 199133, September 29, 2014 - ESPERANZA TUMPAG, Q: So, in other words, no lawyer informed her of the consequence of her act of executing an
SUBSTITUTED BY HER SON, PABLITO TUMPAG BELNAS, JR., Afdavit?
Petitioner, v. SAMUEL TUMPAG, Respondent.
A: We somehow informed her of what will be the consequences of that statement, sir.
G.R. No. 179654, September 22, 2014 - HACIENDA Q: So, you and your police ofcer colleague at the time?
LEDDY/RICARDO GAMBOA, JR., Petitioner, v. PAQUITO VILLEGAS, A: Yes, sir.90
Respondent.

G.R. No. 206599, September 29, 2014 - 680 HOME APPLIANCES, The booking sheet and arrest report states that when [the accused was] appraised [sic] of his constitutional rights and
INC., Petitioner, v. THE HONORABLE COURT OF APPEALS, THE
HONORABLE MARYANN E. CORPUS-MAALAC, IN HER CAPACITY nature of charges imputed against him, accused opted to remain silent.91 This booking sheet and arrest report is also
AS THE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF dated November 7, 2006, or two days after Chavez, accompanied by his mother, had voluntarily gone to the police
MAKATI CITY, BRANCH 141, ATTY. ENGRACIO ESCASINAS, JR., IN station.
HIS CAPACITY AS THE EX-OFFICIO SHERIFF/CLERK OF COURT VII,
OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, MAKATI The right to counsel upon being questioned for the commission of a crime is part of the Miranda rights, which require
CITY, FIRST SOVEREIGN ASSET MANAGEMENT (SPV-AMC), INC.
AND ALDANCO MERLMAR, INC., Respondents. that:
ChanRoblesVirtualawlibrary

G.R. No. 198538, September 29, 2014 - EXOCET SECURITY AND


ALLIED SERVICES CORPORATION AND/OR MA. TERESA MARCELO, . . . (a) any person under custodial investigation has the right to remain silent; (b) anything he says
Petitioner, v. ARMANDO D. SERRANO, Respondent. can and will be used against him in a court of law; (c) he has the right to talk to an attorney before
being questioned and to have his counsel present when being questioned; and (d) if he cannot afford
G.R. No. 192398, September 29, 2014 - COMMISSIONER OF
INTERNAL REVENUE, Petitioner, v. PILIPINAS SHELL PETROLEUM an attorney, one will be provided before any questioning if he so desires.92
CORPORATION, Respondent.

A.M. No. SB-14-21-J [Formerly A.M. No. 13-10-06-SB], September The Miranda rights were incorporated in our Constitution but were modied to include the statement that any waiver of
23, 2014 - RE: ALLEGATIONS MADE UNDER OATH AT THE SENATE the right to counsel must be made in writing and in the presence of counsel.93 cralawred

BLUE RIBBON COMMITTEE HEARING HELD ON SEPTEMBER 26,


2013 AGAINST ASSOCIATE JUSTICE GREGORY S. ONG,
SANDIGANBAYAN
The invocation of these rights applies during custodial investigation, which begins when the police investigation is no
longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect taken into custody by
G.R. No. 204369, September 17, 2014 - ENRIQUETA M. LOCSIN, the police who starts the interrogation and propounds questions to the person to elicit incriminating statements.94 cralawred

Petitioner, v. BERNARDO HIZON, CARLOS HIZON, SPS. JOSE


MANUEL & LOURDES GUEVARA, Respondents. It may appear that the Miranda rights only apply when one is taken into custody by the police, such as during an
G.R. No. 202666, September 29, 2014 - RHONDA AVE S. VIVARES arrest. These rights are intended to protect ordinary citizens from the pressures of a custodial setting: ChanRoblesVirtualawlibrary

AND SPS. MARGARITA AND DAVID SUZARA, Petitioners, v. ST.


THERESAS COLLEGE, MYLENE RHEZA T. ESCUDERO, AND JOHN
DOES, Respondents. The purposes of the safeguards prescribed by Miranda are to ensure that the police do not coerce or trick
captive suspects into confessing, to relieve the inherently compelling pressures generated by the
G.R. No. 157633, September 10, 2014 - NORTHWEST AIRLINES, custodial setting itself, which work to undermine the individuals will to resist, and as much as
INC., Petitioner, v. MA. CONCEPCION M. DEL ROSARIO, Respondent. possible to free courts from the task of scrutinizing individual cases to try to determine, after the fact,
G.R. No. 202066, September 30, 2014 - CBK POWER COMPANY whether particular confessions were voluntary. Those purposes are implicated as much by in-custody
LIMITED, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, questioning of persons suspected of misdemeanours as they are by questioning of persons suspected
Respondent.; G.R. NO. 205353 - CBK POWER COMPANY LIMITED, of felonies.95 (Emphasis supplied)
Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

G.R. No. 152334, September 24, 2014 - H.H. HOLLERO


CONSTRUCTION, INC., Petitioner, v. GOVERNMENT SERVICE
Republic Act No. 743896 expanded the denition of custodial investigation to include the practice of issuing an
INSURANCE SYSTEM AND POOL OF MACHINERY INSURERS, invitation to a person who is investigated in connection with an offense he is suspected to have committed, without
Respondents. prejudice to the liability of the inviting ofcer for any violation of law.97 cralawred

G.R. No. 200077, September 17, 2014 - PEOPLE OF THE This means that even those who voluntarily surrendered before a police ofcer must be apprised of their Miranda
PHILIPPINES, Plaintiff-Appellee, v. ADEL RAMOS Y ABELLANA,
Accused-Appellant. rights. For one, the same pressures of a custodial setting exist in this scenario. Chavez is also being questioned by an
investigating ofcer in a police station. As an additional pressure, he may have been compelled to surrender by his
G.R. No. 208716, September 24, 2014 - PEOPLE OF THE mother who accompanied him to the police station.
PHILIPPINES, Plaintiff-Appellee, v. ELADIO B. LUMAHO ALIAS
ATTUMPANG, Accused-Appellant. This court, thus, nds that the circumstantial evidence sufciently proves beyond reasonable doubt that Chavez is
guilty of the crime of homicide, and not the special complex crime of robbery with homicide.
G.R. No. 199780, September 24, 2014 - GOVERNMENT SERVICE
INSURANCE SYSTEM, Petitioner, v. JOSE M. CAPACITE, Respondent.
On the service of Chavezs sentence, the trial court issued the order dated November 14, 2006 in that as prayed for, the
A.M. No. P-13-3130 [Formerly OCA I.P.I. No. 11-3668-P], said police ofcer is hereby ordered to immediately commit accused, Mark Jason Chavez y Bitancor @ Noy to the
September 22, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Manila City Jail and shall be detained thereat pending trial of this case and/or until further orders from this court.98
Petitioner, v. MAY F. HERNANDEZ, CLERK III, REGIONAL TRIAL The order of commitment dated September 28, 2011 was issued after his trial court conviction in the decision dated
COURT, BRANCH 199, LAS PIAS CITY, Respondent.
August 19, 2011.
G.R. No. 182770, September 17, 2014 - WPM INTERNATIONAL
TRADING, INC. AND WARLITO P. MANLAPAZ, Petitioners, v. FE Chavez has been under preventive detention since November 14, 2006, during the pendency of the trial. This period
CORAZON LABAYEN, Respondent. may be credited in the service of his sentence pursuant to Article 29 of the Revised Penal Code, as amended: ChanRoblesVirtualawlibrary

G.R. No. 192973, September 29, 2014 - PEDRITO DELA TORRE,


Petitioner, v. DR. ARTURO IMBUIDO, DRA. NORMA IMBUIDO in their
capacity as owners and operators of DIVINE SPIRIT GENERAL ART. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders or accused
HOSPITAL AND/OR DR. NESTOR PASAMBA, Respondents. who have undergone preventive imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during which they have undergone preventive
G.R. No. 202354, September 24, 2014 - AMADA C. ZACARIAS, imprisonment if the detention prisoner agrees voluntarily in writing after being informed of the effects
Petitioner, v. VICTORIA ANACAY, EDNA ANACAY, CYNTHIA ANACAY- thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon
GUISIC, ANGELITO ANACAY, JERMIL ISRAEL, JIMMY ROY ISRAEL convicted prisoners, except in the following cases:
AND ALL OTHER PERSONS CLAIMING AUTHORITY UNDER THEM,
ChanRoblesVirtualawlibrary

Respondents.
1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
G.R. No. 173168, September 29, 2014 - PHILIPPINE AMANAH
BANK (NOW AL-AMANAH ISLAMIC INVESTMENT BANK OF THE 2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
PHILIPPINES, ALSO KNOWN AS ISLAMIC BANK), Petitioner, v.
PHILIPPINES, ALSO KNOWN AS ISLAMIC BANK), Petitioner, v.
EVANGELISTA CONTRERAS, Respondent. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
G.R. No. 200065, September 24, 2014 - CAPITAL SHOES convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in
FACTORY, LTD., Petitioner, v. TRAVELER KIDS, INC., Respondent. the service of his sentence with four-fths of the time during which he has undergone preventive
imprisonment.
G.R. No. 195889, September 24, 2014 - PHILIPPINE NATIONAL
BANK, Petitioner, v. SPOUSES EDUARDO AND MA. ROSARIO Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty
TAJONERA AND EDUAROSA REALTY DEVELOPMENT, INC., (30) years.
Respondents.

G.R. No. 211356, September 29, 2014 - CRISOSTOMO B. AQUINO, Whenever an accused has undergone preventive imprisonment for a period equal to the possible
Petitioner, v. MUNICIPALITY OF MALAY, AKLAN, REPRESENTED BY maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet
HON. MAYOR JOHN P. YAP, SANGGUNIANG BAYAN OF MALAY, terminated, he shall be released immediately without prejudice to the continuation of the trial thereof
AKLAN, REPRESENTED BY HON. EZEL FLORES, DANTE or the proceeding on appeal, if the same is under review. Computation of preventive imprisonment for
PASUGUIRON, ROWEN AGUIRRE, WILBEC GELITO, JUPITER
GALLENERO, OFFICE OF THE MUNICIPAL ENGINEER, OFFICE OF THE
purposes of immediate release under this paragraph shall be the actual period of detention with good
MUNICIPAL TREASURER, BORACAY PNP CHIEF, BORACAY conduct time allowance: Provided, however, That if the accused is absent without justiable cause at
FOUNDATION, INC., REPRESENTED BY NENETTE GRAF, MUNICIPAL any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, nally,
AUXILIARY POLICE, AND JOHN AND JANE DOES, Respondents. That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are
excluded from the coverage of this Act. In case the maximum penalty to which the accused may be
G.R. No. 205561, September 24, 2014 - DIONISIO B. COLOMA, JR.,
Petitioner, v. HON. SANDIGANBAYAN (THIRD DIVISION) AND PEOPLE sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.99
cralawred

OF THE PHILIPPINES, Respondents.

G.R. No. 209195, September 17, 2014 - MANUEL J. JIMENEZ, JR., V


Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. NO.
209215 - PEOPLE OF THE PHILIPPINES, Petitioner, v. MANUEL J. Finally, this court laments that object evidence retrieved from the scene of the crime were not properly handled, and no
JIMENEZ, JR., Respondent. results coming from the forensic examinations were presented to the court. There was no examination of the
G.R. No. 195594, September 29, 2014 - REPUBLIC OF THE ngerprints found on the kitchen knife retrieved from the manhole near the house of Chavez.100 There were no results
PHILIPPINES, REPRESENTED BY THE NATIONAL IRRIGATION of the DNA examination done on the hair strands found with the knife and those in the clutches of the victim. Neither
ADMINISTRATION, Petitioner, v. SPOUSES ROGELIO LAZO AND was there a comparison made between these strands of hair and Chavezs. There was no report regarding any nding
DOLORES LAZO, Respondents. of traces of blood on the kitchen knife recovered, and no matching with the blood of the victim or Chavezs. The results
of this case would have been rendered with more condence at the trial court level had all these been done. In many
G.R. No. 200566, September 17, 2014 - JEBSEN MARITIME INC.,
APEX MARITIME SHIP MANAGEMENT CO. LLC., AND/OR cases, eyewitness testimony may not be as reliable or would have been belied had object evidence been properly
ESTANISLAO SANTIAGO, Petitioners, v. WILFREDO E. RAVENA, handled and presented.
Respondent.
We deal with the life of a person here. Everyones life whether it be the victims or the accuseds is valuable. The
G.R. No. 180290, September 29, 2014 - COMMISSIONER OF Constitution and our laws hold these lives in high esteem. Therefore, investigations such as these should have been
INTERNAL REVENUE, Petitioner, v. PHILIPPINE NATIONAL BANK,
Respondent.
attended with greater professionalism and more dedicated attention to detail by our law enforcers. The quality of every
conviction depends on the evidence gathered, analyzed, and presented before the courts. The publics condence on
G.R. No. 167454, September 24, 2014 - EMERITU C. BARUT, our criminal justice system depends on the quality of the convictions we promulgate against the accused. All those
Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. who participate in our criminal justice system should realize this and take this to heart.
G.R. No. 191237, September 24, 2014 - ROBERT KUA, CAROLINE
WHEREFORE, the judgment of the trial court is MODIFIED. Accused-appellant Mark Jason Chavez y Bitancor alias
N. KUA, AND MA. TERESITA N. KUA, Petitioners, v. GREGORIO
SACUPAYO AND MAXIMINIANO PANERIO, Respondents. Noy is hereby declared GUILTY beyond reasonable doubt of the separate and distinct crime of HOMICIDE. Inasmuch
as the commission of the crime was not attended by any aggravating or mitigating circumstances, accused-appellant
A.M. No. MTJ-13-1837 [formerly OCA IPI No. 12-2463-MTJ], Chavez is hereby SENTENCED to suffer an indeterminate penalty ranging from eight (8) years and one (1) day of prision
September 24, 2014 - CONRADO ABE LOPEZ, REPRESENTED BY mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum.
ATTY. ROMUALDO JUBAY, Complainant, v. JUDGE ROGELIO S.
LUCMAYON, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 1,
MANDAUE CITY, CEBU, Respondent.
Accused-appellant Chavezs period of detention shall be deducted if consistent with Article 29 of the Revised Penal
Code.
G.R. No. 198314, September 24, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RICHARD GUINTO Y SAN SO ORDERED. cralawlaw library

ANDRES, Accused-Appellant.
Carpio, (Chairperson), Brion, Del Castillo, Mendoza, and Leonen, JJ., concur.
G.R. No. 185345, September 10, 2014 - RONNIE L. ABING,
Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION, ALLIED
BANKING CORPORATION, FACILITATORS GENERAL SERVICES AND
MARILAG BUSINESS AND INDUSTRIAL MANAGEMENT SERVICES, Endnotes:
INC., Respondents.

G.R. No. 173632, September 29, 2014 - AMBROSIO ROTAIRO 1 358 Phil. 527, 537 (1998) [Per J. Quisumbing, First Division].
(SUBSTITUTED BY HIS SPOUSE MARIA RONSAYRO ROTAIRO, AND
HIS CHILDREN FELINA ROTAIRO, ERLINDA ROTAIRO CRUZ, EUDOSIA 2Rollo, pp. 3 and 31.
ROTAIRO CRIZALDO, NIEVES ROTAIRO TUBIG, REMEDIOS ROTAIRO
MACAHILIG, FELISA ROTAIRO LEGASPI, JOSEFINA ROTAIRO
TORREVILLAS, AND CRISENCIO R. ROTAIRO, MARCIANA TIBAY, 3 CA rollo, p. 32.
EUGENIO PUNZALAN, AND VICENTE DEL ROSARIO, Petitioners, v.
ROVIRA ALCANTARA AND VICTOR ALCANTARA, Respondents. 4Rollo, p. 4; CA rollo, p. 33.

G.R. No. 194176, September 10, 2014 - LIMUELL C. NARCISO,


OMAR C. MATUGUINA, ERIC MATUGUINA, AZENITH MAG-ASO, 5 Id.
LILIBETH MASCARIAS, LUTGARDO OGAMA, LOLITO COLLAMAT,
IRIS MATUGUINA AND ELMER BANILAD, CARLOS B. MATUGUINA, 6 CA rollo, p. 33.
JR., BIBIANO ESTRERA, JR., PEDRO LINABOG, BOBBY ALQUEZA,
SANTIAGO ATIS, MARLON DAMAYO, CASINILLO NESTRO,
7Rollo, p. 4; CA rollo, p. 33.
BERNARDITO DACAN, SABINIANO PATATAG, JOLLYBOY MONICIT,
RODRIGO DAYDAY, REY ESTRERA, CRESENCIO CASIO, DOMINICO
AVILA, ERVERT RICAZA, ENRIQUE PANTILGAN, JONARDEN E. 8 Id.
GONZAGA, RENATO CASIO, BENNY BOOC, DUA CORSINO, RANILO
IGOT, NARCISO PATERNO, ROBERTO RABAL, JULITO MONSALES,
9 CA rollo, p. 33.
LEOPOLDO MONGUEZ, JR., ROWEL NEIGAS, EPIFANIO PIAMIL, LOUIE
JUDILLAS AND MANUEL CENIZA, Petitioners, v. PACIFIC TRADERS &
MANUFACTURING CORPORATION (PTMC)/TABOK WORKERS MULTI- 10Rollo, p. 4.
PURPOSE COOPERATIVE (TWMPC), Respondents.
11 Id.
G.R. No. 195443, September 17, 2014 - JUANARIO G. CAMPIT,
Petitioner, v. ISIDRA B. GRIPA, PEDRO BARDIAGA, AND SEVERINO
BARDIAGA, REPRESENTED BY HIS SON ROLANDO BARDIAGA, 12 Id.
Respondents.
13 Id.
G.R. No. 196508, September 24, 2014 - LEONARDO A. VILLALON
AND ERLINDA TALDE-VILLALON, Petitioners, v. AMELIA CHAN,
Respondent. 14 Id.

G.R. No. 185267, September 17, 2014 - CESAR T. QUIAMBAO AND 15 Rollo, p. 5; CA rollo, p. 33.
ERIC C. PILAPIL, Petitioners, v. PEOPLE OF THE PHILIPPINES,
ADERITO Z. YUJUICO AND BONIFACIO C. SUMBILLA, Respondents.
16Rollo, p. 5.
G.R. No. 187621, September 24, 2014 - MOUNT CARMEL
COLLEGE EMPLOYEES UNION (MCCEU)/RUMOLO S. BASCAR, 17 Id.
MARIBEL TESALUNA, ROLANDO TESALUNA, KENNETH BENIGNOS,
MARILYN MANGULABNAN, EMELINA I. NACIONAL, JODELYN
18 Id.
REBOTON, EVERSITA S. BASCAR, MAE BAYLEN, ERNA E. MAHILUM,
EVELYN R. ANTONES, Petitioners, v. MOUNT CARMEL COLLEGE,
INCORPORATED, Respondent. 19 Rollo, p. 6; CA rollo, p. 33.

G.R. No. 183345, September 17, 2014 - MA. GRACIA HAO AND
20Rollo, p. 5. CA rollo, pp. 3334.
DANNY HAO, Petitioners, v. PEOPLE OF THE PHILIPPINES,
Respondent.
21 RTC records, p. 4.
G.R. No. 187401, September 17, 2014 - MA. ROSARIO P. CAMPOS,
Petitioner, v. PEOPLE OF THE PHILIPPINES AND FIRST WOMENS 22Rollo, p. 6; CA rollo, p. 34.
CREDIT CORPORATION, Respondents.

G.R. No. 180144, September 24, 2014 - LEONARDO BOGNOT, 23 Id.


Petitioner, v. RRI LENDING CORPORATION, REPRESENTED BY ITS
GENERAL MANAGER, DARIO J. BERNARDEZ, Respondent. 24Rollo, p. 7; CA rollo, p. 34.

G.R. No. 200055, September 10, 2014 - STANDARD INSURANCE


CO., INC., Petitioner, v. ARNOLD CUARESMA AND JERRY B. 25 Id.
CUARESMA, Respondents.
26 Id.
G.R. No. 202838, September 17, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. JULITO GERANDOY, Accused-
Appellant. 27 Rollo, p. 9; CA rollo, p. 34.

G.R. No. 172843, September 24, 2014 - ALFREDO L. VILLAMOR,


G.R. No. 172843, September 24, 2014 - ALFREDO L. VILLAMOR, 28 Id.
JR., Petitioner, v. JOHN S. UMALE, IN SUBSTITUTION OF HERNANDO
F. BALMORES, Respondent.; G.R. NO. 172881 - RODIVAL E. REYES, 29 Id.
HANS M. PALMA AND DOROTEO M. PANGILINAN, Petitioners, v.
HERNANDO F. BALMORES, Respondent.
30 Id.
G.R. No. 200729, September 29, 2014 - TEMIC AUTOMOTIVE
(PHILIPPINES), INC., Petitioner, v. RENATO M. CANTOS, Respondent. 31 CA rollo, pp. 3148. The decision was penned by Presiding Judge Hon. Rosalyn D. Mislos-Loja of
A.M. No. RTJ-08-2140 (Formerly A.M. No. 00-2-86-RTC), October the Regional Trial Court Branch 41, Manila.
07, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v.
EXECUTIVE JUDGE OWEN B. AMOR, REGIONAL TRIAL COURT, DAET, 32 Id. at 4748.
CAMARINES NORTE, Respondent.
33 Id. at 214. Court of Appeals Eighth (8th) Division, penned by Associate Justice Agnes Reyes-
A.M. No. RTJ-14-2394 (Formerly OCA IPI No. 12-3847-RTJ),
September 01, 2014 - GEORGE T. CHUA, Complainant, v. JUDGE Carpio and concurred in by Associate Justices Rosalinda Asuncion-Vicente and Priscilla J. Baltazar-
FORTUNITO L. MADRONA, Respondent. Padilla.
G.R. No. 189812, September 01, 2014 - PEOPLE OF THE 34Rollo, p. 13.
PHILIPPINES, Plaintiff-Appellee, v. REYNALDO BATURI, Accused-
Appellant.
35 Id. at 15.
G.R. No. 200729, September 29, 2014 - TEMIC AUTOMOTIVE
(PHILIPPINES), INC., Petitioner, v. RENATO M. CANTOS, Respondent. 36 Id. at 24 and 27.

37 CA rollo, p. 71.

38 Id.

39 Id.

40 Id. at 72.

41 Id.

42 Id. at 7273.

43 Id. at 73.

44 Id.

45 Id. at 115, citing People v. Labagala, G.R. No. 184603, August 2, 2010, 626 SCRA 267 [Per J. Perez,
First Division].

46 Id. at 115116.

47 Id. at 116117.

48 Id. at 117118.

49 Rev. Pen. Code, art. 294.

50 CA rollo, p. 71.

51 RULES OF COURT, Rule 133, sec. 4. See People v. Lamsen et al., G.R. No. 198338, February 20, 2013,
691 SCRA 498, 507 [Per J. Perlas-Bernabe, Second Division].

52Rollo, p. 12; CA rollo, pp. 4546.

53People v. Musa, 609 Phil. 396, 410 (2009) [Per J. Brion, Second Division].

54 People v. Sanchez, 358 Phil. 527, 537 (1998) [Per J. Quisumbing, First Division].

55 Id. at 538, citing People v. Salazar, 342 Phil. 745, 765 (1997) [Per J. Panganiban, Third Division], citing
U.S. v. Baguiao, 4 Phil. 110, 112 (1905) [Per J. Torres, En Banc].

56Rollo, pp. 67.

57People v. Sorrel,343 Phil. 890, 898 (1997) [Per J. Vitug, First Division], citing Osias v. Court of Appeals,
326 Phil. 107 (1996) [Per J. Hermosisima, Jr., En Banc], citing People v. Santos, 224 Phil. 129 (1985)
[Per J. Escolin, En Banc]; People v. Lavarias, 132 Phil. 766 (1968) [Per J. Fernando, En Banc]; People v.
Carlos, 47 Phil. 626 (1925) [Per J. Ostrand, En Banc].

58Rollo, p. 5.

59People v. Paragua, 326 Phil. 923, 930 (1996) [Per J. Hermosisima, Jr., First Division].

60 See People v. Ramos, G.R. No. 190340, July 24, 2013, 702 SCRA 204, 216 [Per J. Del Castillo, Second
Division], citing People v. Pateo, G.R. No. 156786, June 3, 2004, 430 SCRA 609, 617 [Per J. Ynares-
Santiago, First Division]; People v. Bracia, G.R. No. 174477, October 2, 2009, 602 SCRA 351, 370371
[Per. J. Brion, Second Division]; Casitas v. People, 466 Phil. 861, 870 (2004) [Per J. Callejo, Sr., Second
Division].

61People v. Quemeggen, 611 Phil. 487 (2009) [Per J. Nachura, Third Division]. This was cited in the
prosecutions memorandum with the trial court, RTC records, p. 348.

62 358 Phil. 527 (1998) [Per J. Quisumbing, First Division].

63 Id. at 538.

64 TSN, February 14, 2011, p. 6.

65 TSN, March 7, 2011, p. 9.

66 Brief for accused-appellant, CA rollo, pp. 6970, citing TSN, February 14, 2011, pp. 49.

67See Serrano v. People, G.R. No. 175023, July 5, 2010 [Per J. Brion, Third Division], citing Rivera v.
People, 515 Phil. 824, 832 (2006) [Per J. Callejo, Sr., First Division], citing People v. Delim, 444 Phil. 430,
450 (2003) [Per J. Callejo, Sr., En Banc].

68 See People v. Sanchez, 358 Phil. 527, 535 (1998) [Per J. Quisumbing, First Division].

69 Rollo, pp. 5 and 7.

70 Id. at 67.

71 Id. at 7.

72 RTC records, p. 46, decision.

73 Rollo, p. 10.

74 Rev. Rules on Evidence, rule 131, sec. 2(j).


75 See Lozano v. People, G.R. 165582, July 9, 2010, 624 SCRA 596, 603 [Per J. Mendoza, Third Division].

76Rollo, p. 10.

77 Id. at 10.

78 Id. at 1011.

79 TSN, June 17, 2009, pp. 2324.

80 Rollo, p. 5.

81 See Rev. Penal Code, art. 309.

82 RTC records, p. 42.

83 TSN, February 14, 2011, p. 9.

84 TSN, June 17, 2009, p. 13.

85 Id.

86 Id. at 21.

87 RTC records, p. 9.

88Rollo, p. 6.

89 Id.

90 TSN, November 5, 2008, pp. 1920.

91 RTC records, p. 20.

92 People v. Mojello, 468 Phil. 944, 952953 (2004) [Per J. Ynares-Santiago, En Banc].

93 Const., art. III, sec. 12; People v. Mojello, 468 Phil. 944, 953 (2004) [Per J. Ynares-Santiago, En Banc].

94People v. Lara, G.R.No. 199877, August 13, 2012, 678 SCRA 332, 348 [Per J. Reyes, Second Division],
citing People v. Amestuzo, 413 Phil. 500, 508509 (2001) [Per J. Kapunan, First Division].

95Luz v. People, G.R. No. 197788, February 29, 2012, 667 SCRA 421, 433434 [Per C.J. Sereno, Second
Division], citing Berkemer v. McCarty, 468 U.S. 420 (1984).

96 Rep. Act No. 7438 (1992), An Act Dening Certain Rights of Person Arrested, Detained or Under
Custodial Investigation as well as the Duties of the Arresting, Detaining, and Investigating Ofcers, and
Providing Penalties for Violations Thereof.

97 Rep. Act No. 7438 (1992), sec. 2.

98 RTC records, p. 23.

99 Rev. Penal Code, sec. 29, as amended by Rep. Act No. 10592 (2013).

100TSN, June 17, 2009, pp. 1011. SPO3 Casimiro testied that he, as well as Police Inspector
Ishmael Dela Cruz who turned over the knife to him, held the knife with their bare hands.

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