Professional Documents
Culture Documents
decision which, as already noted, reversed the trial court and 755
denied petitioner’s application for naturalization. It ruled that VOL. 328, MARCH 27, 2000 755
due to the importance of naturalization cases, the State is not Ong Chia vs. Republic
precluded from raising questions not presented in the lower court agencies of such opportunity, thus defeating the purpose of the
and brought up for the first time on appeal. 11 The appellate court law
held: . . .
As correctly observed by the Office of the Solicitor General, Ong Chia had not also conducted himself in a proper and
petitioner Ong Chia failed to state in this present petition for irreproachable manner when he livedin with his wife for several
naturalization his other name, “LORETO CHIA ONG,” which years, and sired four children out of wedlock. It has been the
name appeared in his previous application under Letter of consistent ruling that the “applicant’s 8year cohabitation with
his wife without the benefit of clergy and begetting by her three 2. II.THE FINDING OF THE COURT OF APPEALS THAT
children out of wedlock is a conduct far from being proper and THE PETITIONER HAS BEEN KNOWN BY SOME
irreproachable as required by the Revised Naturalization Law,” OTHER NAME NOT STATED IN HIS PETITION IS
and therefore disqualifies him from becoming a citizen of the NOT SUPPORTED BY THE EVIDENCE ON RECORD.
Philippines by naturalization
. . . 756
Lastly, petitioner Ong Chia’s alleged annual income in 1961 of 756 SUPREME COURT REPORTS ANNOTATED
P5,000.00, exclusive of bonuses, commissions and allowances, is Ong Chia vs. Republic
not lucrative income. His failure to file an income tax return
“because he is not liable for income tax yet” confirms that his
1. III.CONTRARY TO THE FINDING OF THE COURT OF
income is low . . . “It is not only that the person having the
APPEALS, THE PETITIONER STATED IN HIS
employment gets enough for his ordinary necessities in life. It
PETITION AND ITS ANNEXES HIS PRESENT AND
must be shown that the employment gives one an income such
FORMER PLACES OF RESIDENCE.
that there is an appreciable margin of his income over expenses
as to be able to provide for an adequate support in the event of
2. IV.THE FINDING OF THE COURT OF APPEALS THAT
unemployment, sickness, or disability to work and thus avoid
THE PETITIONER FAILED TO CONDUCT HIMSELF
one’s becoming the object of charity or public charge.” . . . Now
IN A PROPER AND IRREPROACHABLE MANNER IS
that they are in their old age, petitioner Ong Chia and his wife
NOT SUPPORTED BY THE EVIDENCE ON RECORD.
are living on the allowance given to them by their children. The
monthly pension given by the elder children of the applicant
cannot be added to his income to make it lucrative because like Petitioner’s principal contention is that the appellate court erred
bonuses, commissions and allowances, said pensions are in considering the documents which had merely been annexed by
contingent, speculative and precarious . . . the State to its appellant’s brief and, on the basis of which,
Hence, this petition based on the following assignment of errors: justified the reversal of the trial court’sdecision. Not having been
presented and formally offered as evidence, they are mere
“scrap(s) of paper devoid of any evidentiary value,” 12 so it was
1. I.THE COURT OF APPEALS GRAVELY ABUSED ITS
argued, because under Rule 132, §34 of the Revised Rules on
DISCRETION IN RULING THAT IN
Evidence, the court shall consider no evidence which has not been
NATURALIZATION CASES, THE APPELLATE
formally offered.
COURT CAN DENY AN APPLICATION FOR
The contention has no merit. Petitioner failed to note Rule
PHILIPPINE CITIZENSHIP ON THE BASIS OF
14313 of the Rules of Court which provides that—
DOCUMENTS NOT PRESENTED BEFORE THE
TRIAL COURT AND NOT FORMING PART OF THE These rules shall not apply to land registration, cadastral and
RECORDS OF THE CASE. election cases, naturalization and insolvency proceedings, and
other cases not herein provided for, except by analogy or in a that he was deprived of the right to object to the authenticity of
suppletory character and whenever practicable and the documents submitted to the appellate court by the State. He
could have included his objections, as he, in fact, did, in the brief
convenient. (Emphasis added)
he filed with the Court of Appeals, thus:
Prescinding from the above, the rule on formal offer of evidence
(Rule 132, §34) now being invoked by petitioner is clearly not The authenticity of the alleged petition for naturalization (SCN
applicable to the present case involving a petition for Case No. 031767) which was supposedly filed by Ong Chia under
naturalization. The only instance when said rules may be applied LOI 270 has not been established. In fact, the case number of the
by analogy or suppletorily in such cases is when it is “practicable alleged petition for naturalization . . . is 031767 while the case
and convenient.” That is not the case here, since reliance upon the number of the petition actually filed by the appellee
documents presented by the State for the first time on appeal, in is 031776.Thus, said document is totally unreliable and should
fact, appears to be the more practical not be considered by the Honorable Court in resolving the instant
________________ appeal.17
Indeed, the objection is flimsy as the alleged discrepancy is
Petition, p. 21; Id., p. 29.
12
trivial, and, at most, can be accounted for as a typographical error
Now found under Rule 1, §4 of the 1997 Rules of Civil
13
on the part of petitioner himself. That “SCN Case No. 031767,” a
Procedure. copy of which was annexed to the petition, is the
757 ___________________
VOL. 328, MARCH 27, 2000 757
14
Republic v. Guy, 115 SCRA 244 (1982).
Ong Chia vs. Republic 15
Petition, p. 17; Rollo, p. 25.
and convenient course of action considering that decisions in 16
See Peninsula Construction, Inc. v. Eisma, 194 SCRA
naturalization proceedings are not covered by the rule on res
667 (1991).
judicata.14 Consequently, a final favorable judgment does not 17
Appellee’s Brief, p. 13; CA Rollo; p. 184.
preclude the State from later on moving for a revocation of the
758
grant of naturalization on the basis of the same documents.
758 SUPREME COURT REPORTS ANNOTATED
Petitioner claims that as a result of the failure of the State to
present and formally offer its documentary evidence before the Ong Chia vs. Republic
trial court, he was denied the right to object against their correct case number is confirmed by the Evaluation Sheet 18of the
authenticity, effectively depriving him of his fundamental right to Special Committee on Naturalization which was also docketed as
procedural due process.15 We are not persuaded. Indeed, the “SCN Case No. 031767.” Other than this, petitioner offered no
reason for the rule prohibiting the admission of evidence which evidence to disprove the authenticity of the documents presented
has not been formally offered is to afford the opposite party the by the State.
chance to object to their admissibility.16 Petitioner cannot claim
Furthermore, the Court notes that these documents—namely, In the Official Gazette and in the Sarangani Journal.
19
contract, the joint affidavit executed by him and his wife, and 759
petitioner’s income tax returns—are all public documents. As VOL. 328, MARCH 27, 2000 759
such, they have been executed under oath. They are thus reliable. Ong Chia vs. Republic
Since petitioner failed to make a satisfactory showing of any flaw suppression of information regarding any possible misbehavior on
or irregularity that may cast doubt on the authenticity of these his part in any community where he may have lived at one time
documents, it is our conclusion that the appellate court did not or another.21 It is settled, however, that naturalization laws
err in relying upon them. should be rigidly enforced and strictly construed in favor of the
One last point. The above discussion would have been enough government and against the applicant. 22 As noted by the State,
to dispose of this case, but to settle all the issues raised, we shall CA. No. 473, §7 clearly provides that the applicant for
briefly discuss the effect of petitioner’s failure to include the naturalization shall set forth in the petition his present and
address “J.M. Basa St., Iloilo” in his petition, in accordance with former places of residence.23 This provision and the rule of strict
§7, CA. No. 473. This address appears on petitioner’s Immigrant application of the law in naturalization cases defeat petitioner’s
Certificate of Residence, a document which forms part of the argument of “substantial compliance” with the requirement under
records as Annex A of his 1989 petition for naturalization. the Revised Naturalization Law. On this ground alone, the
Petitioner admits that he failed to mention said address in his instant petition ought to be denied.
petition, but argues that since the Immigrant Certificate of WHEREFORE, the decision of the Court of Appeals is
Residence containing it had been fully published, 19 with the AFFIRMED and the instant petition is hereby DENIED.
petition and the other annexes, such publication constitutes SO ORDERED.
substantial compliance with §7.20 This is allegedly because the
Bellosillo, (Chairman), Quisumbing, Buena and De Leon,
publication effectively satisfied the objective sought to be
Jr., JJ., concur.
achieved by such requirement, i.e., to give investigating agencies
Petition denied, judgment affirmed.
of the government the opportunity to check on the background of
the applicant and prevent Notes.—A former citizen who opts to reacquire Philippine
_______________ citizenship thru naturalization under the Revised Naturalization
Law is duty bound to follow the procedure prescribed by said law,
Annex C; CA Rollo, p. 133. Said evaluation sheet
18 and it is not for him to decide and to select the requirements
recommended that the petition be dismissed as petitioner failed to which he believes are applicable to his case and discard those
meet the requirements under LOI 491 because his income is which he believes are inconvenient or merely of nuisance value.
insufficient for his support and that of his family and also because (Republic vs. De la Rosa, 232 SCRA 785 [1994])
he failed to show that he believes in the principles underlying the
Constitution.
An applicant for naturalization may only take his oath of
allegiance after the Solicitor General finds that within the period
of two years from the date the decision granting citi
____________________
21
Watt v. Republic, supra.
22
Chan Chen v. Republic, 109 Phil. 940 (1960), citing Co
Quing v. Republic, 104 Phil. 889 (1958) and Co. v. Republic, 108
Phil. 265 (1960). VOL. 253, FEBRUARY 20, 1996 699
23
Comment, p. 23; Rollo, p. 110. Zulueta vs. Court of Appeals
760 G.R. No. 107383. February 20, 1996.*
760 SUPREME COURT REPORTS ANNOTATED
CECILIA ZULUETA, petitioner, vs. COURT OF APPEALS and
People vs. Mamalias ALFREDO MARTIN, respondents.
zenship is promulgated, the applicant has complied with the Evidence; Illegally Obtained Evidence; Constitutional
conditions set out in Section 2 of Republic Act No. 530. (Hermo vs.
Law;Privacy of Communication and Correspondence; Privacy of
Dela Rosa, 299 SCRA 68 [1998])
communication and correspondence is inviolable. The only
exception in the Constitution is if there is a “lawful order [from a]
——o0o——
court or when public safety or order requires, otherwise, as
© Copyright 2018 Central Book Supply, Inc. All rights prescribed by law.”—Indeed the documents and papers in
reserved. question are inadmissible in evidence. The constitutional
injunction declaring “the privacy of communication and
correspondence [to be] inviolable” is no less applicable simply
because it is the wife (who thinks herself aggrieved by her
husband’s infidelity) who is the party against whom the
constitutional provision is to be enforced. The only exception to
the prohibition in
_______________
*
SECOND DIVISION.
700
7 SUPREME COURT REPORTS ANNOTATED
00 Leonides S. Respicio & Associates Law Office for petitioner.
Zulueta vs. Court of Appeals Galileo P. Brion for private respondent.
the Constitution is if there is a “lawful order [from a] court
or when public safety or order requires otherwise, as prescribed MENDOZA, J.:
by law.” Any violation of this provision renders the evidence
obtained inadmissible “for any purpose in any proceeding.” This is a petition to review the decision of the Court of Appeals,
Same; Same; Same; Same; A person by contracting marriage affirming the decision of the Regional Trial Court of Manila
does not shed his/her integrity or his right to privacy as an (Branch X) which ordered petitioner to return docu
701
individual and the constitutional protection is ever available to
VOL. 253, FEBRUARY 20, 1996 701
him or to her.—The intimacies between husband and wife do not
Zulueta vs. Court of Appeals
justify any one of them in breaking the drawers and cabinets of
the other and in ransacking them for any telltale evidence of ments and papers taken by her from private respondent’s clinic
marital infidelity. A person, by contracting marriage, does not without the latter’s knowledge and consent.
shed his/her integrity or his right to privacy as an individual and The facts are as follows:
the constitutional protection is ever available to him or to her. Petitioner Cecilia Zulueta is the wife of private respondent
Alfredo Martin. On March 26, 1982, petitioner entered the clinic
Same; Same; Same; Same; The law insures absolute freedom
of her husband, a doctor of medicine, and in the presence of her
of communication between the spouses by making it privileged.— mother, a driver and private respondent’s secretary, forcibly
The law insures absolute freedom of communication between the opened the drawers and cabinet in her husband’s clinic and took
spouses by making it privileged. Neither husband nor wife may 157 documents consisting of private correspondence between Dr.
testify for or against the other without the consent of the affected Martin and his alleged paramours, greeting cards, cancelled
spouse while the marriage subsists. Neither may be examined checks, diaries, Dr. Martin’s passport, and photographs. The
without the consent of the other as to any communication documents and papers were seized for use in evidence in a case
received in confidence by one from the other during the marriage, for legal separation and for disqualification from the practice of
save for specified exceptions. But one thing is freedom of medicine which petitioner had filed against her husband.
communication; quite another is a compulsion for each one to Dr. Martin brought this action below for recovery of the
share what one knows with the other. And this has nothing to do documents and papers and for damages against petitioner. The
with the duty of fidelity that each owes to the other. case was filed with the Regional Trial Court of Manila, Branch X,
which, after trial, rendered judgment for private respondent, Dr.
PETITION for review on certiorari of a decision of the Court of
Alfredo Martin, declaring him “the capital/exclusive owner of the
Appeals.
properties described in paragraph 3 of plaintiff’s Complaint or
those further described in the Motion to Return and Suppress”
The facts are stated in the opinion of the Court.
and ordering Cecilia Zulueta and any person acting in her behalf respondent, Dr. Alfredo Martin, as complainant in that case,
to immediately return the properties to Dr. Martin and to pay charged that in using the documents in evidence, Atty. Felix, Jr.
him P5,000.00, as nominal damages; P5,000.00, as moral committed malpractice or gross misconduct because of the
damages and attorney’s fees; and to pay the costs of the suit. The injunctive order of the trial court. In dismissing the complaint
writ of preliminary injunction earlier issued was made final and against Atty. Felix, Jr., this Court took note of the following
petitioner Cecilia Zulueta and her attorneys and representatives defense of Atty. Felix, Jr. which it found to be “impressed with
were enjoined from “using or submitting/admitting as evidence” merit:”2
the documents and papers in question. On appeal, the Court of On the alleged malpractice or gross misconduct of respondent
Appeals affirmed the decision of the Regional Trial Court. Hence [Alfonso Felix, Jr.], he maintains that:
this petition. . . . .
There is no question that the documents and papers in 4. When respondent refiled Cecilia’s case for legal separation
question belong to private respondent, Dr. Alfredo Martin, and before the Pasig Regional Trial Court, there was admittedly an
that they were taken by his wife, the herein petitioner, without order of the Manila Regional Trial Court prohibiting Cecilia from
his knowledge and consent. For that reason, the trial court using the documents Annex “A1 to J7.” On September 6, 1983,
declared the documents and papers to be properties of however having appealed the said order to this Court on a
702 petition for certiorari, this Court issued a restraining order on
SUPREME COURT REPORTS ANNOTATED 702 aforesaid date which order temporarily set aside the order of the
Zulueta vs. Court of Appeals trial court. Hence, during the enforceability of this Court’s order,
private respondent, ordered petitioner to return them to private respondent’s request for petitioner to admit the genuineness and
respondent and enjoined her from using them in evidence. In authenticity of the subject annexes cannot be looked upon as
appealing from the decision of the Court of Appeals affirming the malpractice. Notably, petitioner
_______________
trial court’s decision, petitioner’s only ground is that in Alfredo
Martin v. Alfonso Felix, Jr., 1this Court ruled that the documents 1
163 SCRA 111 (1988).
and papers (marked as Annexes A1 to J7 of respondent’s 2
Id. at 120121, 126.
comment in that case) were admissible in evidence and, therefore,
703
their use by petitioner’s attorney, Alfonso Felix, Jr., did not
VOL. 253, FEBRUARY 20, 1996 703
constitute malpractice or gross misconduct. For this reason it is
contended that the Court of Appeals erred in affirming the Zulueta vs. Court of Appeals
decision of the trial court instead of dismissing private Dr. Martin finally admitted the truth and authenticity of the
respondent’s complaint. questioned annexes. At that point in time, would it have been
Petitioner’s contention has no merit. The case against Atty. malpractice for respondent to use petitioner’s admission as
Felix, Jr. was for disbarment. Among other things, private evidence against him in the legal separation case pending in the
Regional Trial Court of Makati? Respondent submits it is not requires otherwise, as prescribed by law.” 4 Any violation of this
malpractice. provision renders the evidence obtained inadmissible “for any
Significantly, petitioner’s admission was done not thru his purpose in any proceeding.”5
counsel but by Dr. Martin himself under oath. Such verified The intimacies between husband and wife do not justify any
admission constitutes an affidavit, and, therefore, receivable in one of them in breaking the drawers and cabinets of the other and
evidence against him. Petitioner became bound by his admission. in ransacking them for any telltale evidence of marital infidelity.
For Cecilia to avail herself of her husband’s admission and use A person, by contracting marriage, does not shed his/her integrity
the same in her action for legal separation cannot be treated as or his right to privacy as an individual and the constitutional
malpractice. protection is ever available to him or to her.
Thus, the acquittal of Atty. Felix, Jr. in the administrative case The law insures absolute freedom of communication between
amounts to no more than a declaration that his use of the the spouses by making it privileged. Neither husband nor wife
documents and papers for the purpose of securing Dr. Martin’s may testify for or against the other without the consent of the
admission as to their genuineness and authenticity did not affected spouse while the marriage subsists. 6 Neither may be
constitute a violation of the injunctive order of the trial court. By examined without the consent of the other as to any
no means does the decision in that case establish the communication received in confidence by one from the other
admissibility of the documents and papers in question. during the marriage, save for specified exceptions. 7 But one thing
It cannot be overemphasized that if Atty. Felix, Jr. was is freedom of communication; quite another is a compulsion for
acquitted of the charge of violating the writ of preliminary each one to share what one knows with the other. And this has
injunction issued by the trial court, it was only because, at the nothing to do with the duty of fidelity that each owes to the other.
time he used the documents and papers, enforcement of the order WHEREFORE, the petition for review is DENIED for lack of
of the trial court was temporarily restrained by this Court. The merit.
TRO issued by this Court was eventually lifted as the petition for SO ORDERED.
certiorari filed by petitioner against the trial court’s order was Regalado (Chairman), Romero and Puno, JJ.,concur.
dismissed and, therefore, the prohibition against the further use Petition denied.
of the documents and papers became effective again.
504 SUPREME COURT REPORTS ANNOTATED
Indeed the documents and papers in question are inadmissible
in evidence. The constitutional injunction declaring “the privacy People vs. Yatar
of communication and correspondence [to be] inviolable” 3 is no G.R. No. 150224. May 19, 2004.*
less applicable simply because it is the wife (who thinks herself PEOPLE OF THE PHILIPPINES, appellee, vs. JOEL YATAR
aggrieved by her husband’s infidelity) who is the party against alias “KAWIT,” appellant.
whom the constitutional provision is to be enforced. The only Criminal Law; Witnesses; The Supreme Court will not
exception to the prohibition in the Constitution is if there is a interfere with the judgment of the trial court in determining the
“lawful order [from a] court or when public safety or order
credibility of witnesses unless there appears in the record some
fact or circumstance of weight and influence which has been person’s DNA is the same in each cell and it does not change
overlooked or the significance of which has been misinterpreted.— throughout a person’s lifetime—the DNA in a person’s blood is the
The issue regarding the credibility of the prosecution witnesses same as the DNA found in his saliva, sweat, bone, the root and
should be resolved against appellant. This Court will not interfere shaft of hair, earwax, mucus, urine, skin tissue, and vaginal and
with the judgment of the trial court in determining the credibility
rectal cells.—Significantly, subsequent testing
of witnesses unless there appears in the record some fact or
_______________
circumstance of weight and influence which has been overlooked
or the significance of which has been misinterpreted. Well
EN BANC.
*
*
THIRD DIVISION.
**
Also spelled as Lasalita in other parts of the Rollo.
80
8 SUPREME COURT REPORTS ANNOTATED
VOL. 519, MARCH 27, 2007 79
0
Tating vs. Marcella
Tating vs. Marcella
G.R. No. 155208. March 27, 2007.*
declared the property for taxation and paid realty taxes on it
NENA LAZALITA** TATING, petitioner, vs. FELICIDAD in her name. Petitioner has shown that from 1972 to 1988 she
TATING MARCELLA, represented by SALVADOR MARCELLA, religiously paid the real estate taxes due on the said lot and that
CARLOS TATING, and the COURT OF APPEALS, respondents. it was only in 1974 and 1987 that she failed to pay the taxes
Civil Law; Contracts; A contract is simulated if the parties thereon. While tax receipts and declarations and receipts and
do not intend to be bound at all (absolutely simulated) or if the declarations of ownership for taxation purposes are not, in
parties conceal their true agreement (relatively simulated).—The themselves, incontrovertible evidence of ownership, they
CA and the trial court ruled that the contract of sale between constitute at least proof that the holder has a claim of title over
petitioner and Daniela is simulated. A contract is simulated if the the property. The voluntary declaration of a piece of property for
parties do not intend to be bound at all (absolutely simulated) or taxation purposes manifests not only one’s sincere and honest
if the parties conceal their true agreement (relatively simulated). desire to obtain title to the property and announces his adverse
The primary consideration in determining the true nature of a claim against the State and all other interested parties, but also
the intention to contribute needed revenues to the Government. Tating vs. Marcella
Such an act strengthens one’s bona fide claim of acquisition of ally prepared by the affiant but by another who uses his own
ownership. language in writing the affiant’s statements, which may thus be
Same; Same; Property; Sales; Ownership; Possession along
either omitted or misunderstood by the one writing them.—There
with ownership is transferred to the vendee by virtue of the is no issue in the admissibility of the subject sworn statement.
notarized deed of conveyance.—It is true that Daniela retained However, the admissibility of evidence should not be equated with
physical possession of the property even after she executed the weight of evidence. The admissibility of evidence depends on its
subject Absolute Deed of Sale and even after title to the property relevance and competence while the weight of evidence pertains
was transferred in petitioner’s favor. In fact, Daniela continued to to evidence already admitted and its tendency to convince and
occupy the property in dispute until her death in 1988 while, in persuade. Thus, a particular item of evidence may be admissible,
the meantime, petitioner continued to reside in Manila. However, but its evidentiary weight depends on judicial evaluation within
it is wellestablished that ownership and possession are two the guidelines provided by the rules of evidence. It is settled that
entirely different legal concepts. Just as possession is not a affidavits are classified as hearsay evidence since they are not
definite proof of ownership, neither is nonpossession inconsistent generally prepared by the affiant but by another who uses his
with ownership. The first paragraph of Article 1498 of the Civil own language in writing the affiant’s statements, which may thus
Code states that when the sale is made through a public be either omitted or misunderstood by the one writing them.
instrument, the execution thereof shall be equivalent to the Same; Same; As in all civil cases, the burden is on the
delivery of the thing which is the object of the contract, if from the plaintiff to prove the material allegations of his complaint and he
deed the contrary does not appear or cannot clearly be inferred.
must rely on the strength of his evidence and not on the weakness
Possession, along with ownership, is transferred to the vendee by
virtue of the notarized deed of conveyance. Thus, in light of the of the evidence of the defendant.—Private respondents should
circumstances of the present case, it is of no legal consequence have presented other evidence to sufficiently prove their
that petitioner did not take actual possession or occupation of the allegation that Daniela, in fact, had no intention of disposing of
disputed property after the execution of the deed of sale in her her property when she executed the subject deed of sale in favor
favor because she was already able to perfect and complete her of petitioner. As in all civil cases, the burden is on the plaintiff to
ownership of and title over the subject property. prove the material allegations of his complaint and he must rely
on the strength of his evidence and not on the weakness of the
Civil Procedure; Evidence; Affidavits; The admissibility of
evidence of the defendant. Aside from Daniela’s sworn statement,
evidence should not be equated with weight of evidence; It is
private respondents failed to present any other documentary
settled that affidavits are classified as hearsay evidence since they evidence to prove their claim. Even the testimonies of their
are not gener witnesses failed to establish that Daniela had a different
81 intention when she entered into a contract of sale with petitioner.
VOL. 519, MARCH 27, 2007 81 SPECIAL CIVIL ACTION in the Supreme Court. Certiorari.
The facts are stated in the opinion of the Court. property; the true agreement between her and Nena was simply
Pamplona, Genito and Valdezco for petitioner. to transfer title over the subject property in favor of
Guanzon and Guanzon Law Firm for respondents. _______________
82 1
Penned by Justice Martin S. Villarama, Jr. and concurred in
82 SUPREME COURT REPORTS ANNOTATED
by Justices Conchita CarpioMorales (now a member of this
Tating vs. Marcella
Court) and Sergio L. Pestaño; Rollo, p. 53.
2
Original Records, pp. 318342.
AUSTRIAMARTINEZ, J.: 3
Exhibit “A,” Id., at p. 138.
Assailed in the Special Civil Action for Certiorari before the Court
4
Exhibit “Q”/“1,” Id., at p. 177.
are the Decision1 dated February 22, 2002 and the Resolution
5
Exhibit “3”, Id., at p. 179.
dated August 22, 2002 of the Court of Appeals (CA) in CAG.R.
6
Exhibits “8A” to “8AA,” Id., at pp. 183212.
CV No. 64122, which affirmed the Decision 2 of the Regional Trial 83
Court (RTC) of Cadiz City, Negros Occidental, Branch 60. VOL. 519, MARCH 27, 2007 83
The present case arose from a controversy involving a parcel of Tating vs. Marcella
land denominated as Lot 56 of Subdivision plan Psd31182, located the latter to enable her to obtain a loan by mortgaging the subject
at Abelarde St., Cadiz City, Negros Occidental. The subject lot, property for the purpose of helping her defray her business
containing an area of 200 square meters, was owned by Daniela expenses; she later discovered that Nena did not secure any loan
Solano Vda. de Tating (Daniela) as evidenced by Transfer nor mortgage the property; she wants the title in the name of
Certificate of Title (TCT) No. T4393 issued by the Registry of Nena cancelled and the subject property reconveyed to her.7
Deeds of the City of Cadiz.3 Daniela died on July 29, 1988 8 leaving her children as her
On October 14, 1969, Daniela sold the subject property to her heirs, namely: Ricardo, Felicidad, Julio, Carlos and Cirilo who
granddaughter, herein petitioner Nena Lazalita Tating (Nena). predeceased Daniela and was represented by herein petitioner.
The contract of sale was embodied in a duly notarized Deed of In a letter dated March 1, 1989, Carlos informed Nena that
Absolute Sale executed by Daniela in favor of when Daniela died they discovered the sworn statement she
Nena.4 Subsequently, title over the subject property was executed on December 28, 1977 and, as a consequence, they are
transferred in the name of Nena. 5 She declared the property in demanding from Nena the return of their rightful shares over the
her name for tax purposes and paid the real estate taxes due subject property as heirs of Daniela. 9 Nena did not reply. Efforts
thereon for the years 1972, 1973, 1975 to 1986 and to settle the case amicably proved futile.
1988.6 However, the land remained in possession of Daniela. Hence, on September 6, 1989, Carlos and Felicidad,
On December 28, 1977, Daniela executed a sworn statement represented by her son Salvador, filed a complaint with the RTC
claiming that she had actually no intention of selling the of Cadiz City, Negros Occidental against Nena praying for the
nullification of the Deed of Absolute Sale executed by Daniela in (Exh. “Q”) executed between Daniela Solano Vda. de Tating and
her favor, cancellation of the TCT issued in the name of Nena, Nena Lazalita Tating as NULL and VOID and further ordering:
and issuance of a new title and tax declaration in favor of the
heirs of Daniela.10 The complaint also prayed for the award of 1. 1.The Register of Deeds of Cadiz City to cancel TCT No.
moral and exemplary damages as well as attorney’s fees and 5975 and in lieu thereof to issue a new title in the names
litigation expenses. On March 19, 1993, the plaintiffs filed an of Carlos Tating, Proindiviso owner of onefourth (1/4)
amended complaint with leave of court for the purpose of portion of the property; Felicidad Tating Marcella, Pro
excluding Ricardo as a party plaintiff, he having died intestate
indivisoowner of onefourth (1/4) portion; Julio
and without issue in March 1991.11 He left Carlos, Felicidad,
Julio, and Nena as his sole heirs. Tating, Proindivisoowner of onefourth (1/4) portion and
_______________ Nena Lazalita Tating, Proindiviso owner of onefourth
(1/4) portion, all of lot 56 after payment of the prescribed
7
Exhibit “D,” Id., at p. 142. fees;
8
Exhibit “I,” Id., at p. 149.
2. 2.The City Assessor of the City of Cadiz to cancel Tax
9
Exhibit “E,” Id., at p. 143.
Declaration No. 14300672 and in lieu thereof issue a
10
Id., at p. 1.
new Tax Declaration in the names of Carlos Tating,
11
Id., at p. 55.
1/4 Proindiviso portion; Felicidad Tating Marcella,
84
1/4 Proindivisoportion; Julio Tating, 1/4 Pro
84 SUPREME COURT REPORTS ANNOTATED
indiviso portion; and Nena Lazalita Tating, 1/4 Pro
Tating vs. Marcella
indiviso portion, all of lot 56 as well as the house
In her Answer, Nena denied that any fraud or misrepresentation
standing thereon be likewise declared in the names of
attended the execution of the subject Deed of Absolute Sale. She
the persons mentioned in the same proportions as above
also denied having received the letter of her uncle, Carlos. She
stated after payment of the prescribed fees;
prayed for the dismissal of the complaint, and in her
counterclaim, she asked the trial court for the award of actual,
exemplary and moral damages as well as attorney’s fees and 3. 3.The defendant is furthermore ordered to pay plaintiffs
litigation expenses.12 the sum of P20,000.00 by way of moral damages,
Trial ensued. On November 4, 1998, the RTC rendered P10,000.00 by way of exemplary damages, P5,000.00 by
judgment with the following dispositive portion: way of attorney’s fees and P3,000.00 by way of litigation
“WHEREFORE, in view of all the foregoing, judgment is hereby expenses; and to
rendered in favor of the plaintiffs and against the defendant, and
hereby declaring the document of sale dated October 14, 1969 _______________
Id., at pp. 2325.
12 and in the interest of justice, the Court decided to treat the
85 present petition for certiorari as having been filed
VOL. 519, MARCH 27, 2007 85 _______________
Tating vs. Marcella
13
Id., at p. 342.
1. 4.Pay the costs of suit.
14
CA Rollo, p. 86.
15
Id., at p. 103.
SO ORDERED.”13 16
Rollo, p. 5.
Nena filed an appeal with the CA. On February 22, 2002, the CA 86
rendered its Decision affirming the judgment of the RTC.14 86 SUPREME COURT REPORTS ANNOTATED
Nena’s Motion for Reconsideration was denied by the CA in its Tating vs. Marcella
Resolution dated August 22, 2002.15
under Rule 45, especially considering that it was filed within the
Hence, herein petition for certiorari anchored on the ground reglementary period for filing the same.17
that the CA “has decided the instant case without due regard to As to the merits of the case, petitioner contends that the case
and in violation of the applicable laws and Decisions of this for the private respondents rests on the proposition that the Deed
Honorable Court and also because the Decision of the Regional of Absolute Sale dated October 14, 1969 is simulated because
Trial Court, which it has affirmed, is not supported by and is even Daniela’s actual intention was not to dispose of her property but
against the evidence on record.”16 simply to help petitioner by providing her with a collateral.
At the outset, it must be stated that the filing of the instant Petitioner asserts that the sole evidence which persuaded both
petition for certiorari under Rule 65 of the Rules of Court is the RTC and the CA in holding that the subject deed was
inappropriate. Considering that the assailed Decision and simulated was the Sworn Statement of Daniela dated December
Resolution of the CA finally disposed of the case, the proper 28, 1977. However, petitioner argues that said Sworn Statement
remedy is a petition for review under Rule 45 of the Rules of should have been rejected outright by the lower courts
Court. considering that Daniela has long been dead when the document
The Court notes that while the instant petition is was offered in evidence, thereby denying petitioner the right to
denominated as a Petition for Certiorari under Rule 65 of the crossexamine her.
Rules of Court, there is no allegation that the CA committed Petitioner also contends that while the subject deed was
grave abuse of discretion. On the other hand, the petition actually executed on October 14, 1969, the Sworn Statement was
avers errors of judgment, rather than of jurisdiction, which are purportedly executed only on December 28, 1977 and was
the proper subjects of a petition for review on certiorari. Hence, in discovered only after the death of Daniela in 1994. 18Petitioner
accordance with the liberal spirit pervading the Rules of Court argues that if the deed of sale is indeed simulated, Daniela would
have taken action against the petitioner during her lifetime.
However, the fact remains that up to the time of her death or (absolutely simulated) or if the parties conceal their true
almost 20 years after the Deed of Absolute Sale was executed, she agreement (relatively simulated).19 The primary consideration in
never uttered a word of complaint against petitioner. determining the true nature of a contract is the intention of the
Petitioner further asserts that the RTC and the CA erred in parties.20 Such intention is determined from the express terms of
departing from the doctrine held time and again by the Supreme their agreement as well as from their contemporaneous and
Court that clear, strong and convincing evidence beyond mere subsequent acts.21
preponderance is required to show the falsity or nullity of a In the present case, the main evidence presented by private
notarial document. Petitioner also argues that the RTC and the respondents in proving their allegation that the subject deed of
CA erred in its pronouncement that the transac sale did not reflect the true intention of the parties thereto is the
_______________ sworn statement of Daniela dated December 28, 1977. The trial
court admitted the said sworn statement as part of private
17
Delsan Transport Lines, Inc. v. Court of Appeals, 335 Phil. respondents’ evidence and gave credence to it. The CA also
1066, 1075; 268 SCRA 597, 605 (1997). accorded great probative weight to this document.
18
Based on the certification issued by the Civil Registry of There is no issue in the admissibility of the subject sworn
Cadiz City, Daniela S. Tating died on July 29, 1988. statement. However, the admissibility of evidence should not
87 _______________
VOL. 519, MARCH 27, 2007 87
Tating vs. Marcella
19
People’s Aircargo and Warehousing Co., Inc. v. Court of
tion between Daniela and petitioner created a trust relationship Appeals, 357 Phil. 850, 869870; 297 SCRA 170, 189 (1998).
between them because of the settled rule that where the terms of 20
Ramos v. Heirs of Honorio Ramos, Sr., 431 Phil. 337,
a contract are clear, it should be given full effect. 345; 381 SCRA 594, 601 (2002).
In their Comment and Memorandum, private respondents 21
Id., at p. 345.
contend that petitioner failed to show that the CA or the RTC 88
committed grave abuse of discretion in arriving at their assailed 88 SUPREME COURT REPORTS ANNOTATED
judgments; that Daniela’s Sworn Statement is sufficient evidence
Tating vs. Marcella
to prove that the contract of sale by and between her and
be equated with weight of evidence. 22 The admissibility of
petitioner was merely simulated; and that, in effect, the
evidence depends on its relevance and competence while the
agreement between petitioner and Daniela created a trust
weight of evidence pertains to evidence already admitted and its
relationship between them.
tendency to convince and persuade.23Thus, a particular item of
The Court finds for the petitioner.
evidence may be admissible, but its evidentiary weight depends
The CA and the trial court ruled that the contract of sale
on judicial evaluation within the guidelines provided by the rules
between petitioner and Daniela is simulated. A contract is
of evidence.24 It is settled that affidavits are classified as hearsay
simulated if the parties do not intend to be bound at all
evidence since they are not generally prepared by the affiant but 89
by another who uses his own language in writing the affiant’s VOL. 519, MARCH 27, 2007 89
statements, which may thus be either omitted or misunderstood Tating vs. Marcella
by the one writing them.25 Moreover, the adverse party is the subject deed of sale in favor of petitioner. As in all civil cases,
deprived of the opportunity to crossexamine the affiant. 26 For the burden is on the plaintiff to prove the material allegations of
this reason, affidavits are generally rejected for being hearsay, his complaint and he must rely on the strength of his evidence
unless the affiants themselves are placed on the witness stand to and not on the weakness of the evidence of the defendant. 28 Aside
testify thereon.27 The Court finds that both the trial court and the from Daniela’s sworn statement, private respondents failed to
CA committed error in giving the sworn statement probative present any other documentary evidence to prove their claim.
weight. Since Daniela is no longer available to take the witness Even the testimonies of their witnesses failed to establish that
stand as she is already dead, the RTC and the CA should not have Daniela had a different intention when she entered into a
given probative value on Daniela’s sworn statement for purposes contract of sale with petitioner.
of proving that the contract of sale between her and petitioner
In Suntay v. Court of Appeals,29 the Court ruled that the most
was simulated and that, as a consequence, a trust relationship
protuberant index of simulation is the complete absence, on the
was created between them.
part of the vendee, of any attempt in any manner to assert his
Private respondents should have presented other evidence to
rights of ownership over the disputed property. 30 In the present
sufficiently prove their allegation that Daniela, in fact, had no
case, however, the evidence clearly shows that petitioner declared
intention of disposing of her property when she executed
the property for taxation and paid realty taxes on it in her name.
_______________
Petitioner has shown that from 1972 to 1988 she religiously paid
the real estate taxes due on the said lot and that it was only in
22
Ayala Land, Inc. v. Tagle, G.R. No. 153667, August 11, 1974 and 1987 that she failed to pay the taxes thereon. While tax
2005, 466 SCRA 521, 532. receipts and declarations and receipts and declarations of
23
Id., at p. 532. ownership for taxation purposes are not, in themselves,
24
Heirs of Lourdes Sabanpan v. Comorposa, 456 Phil. 161, incontrovertible evidence of ownership, they constitute at least
172; 408 SCRA 692, 700 (2003). proof that the holder has a claim of title over the property. 31 The
25
Lim v. Court of Appeals, 380 Phil. 60, 78; 323 SCRA 102, 119 voluntary declaration of a piece of property for taxation purposes
(2000) citing People’s Bank and Trust Company v. Leonidas, G.R. manifests not only one’s sincere and honest desire to obtain title
to the property and announces his adverse claim against the
No. 47815, March 11, 1992, 207 SCRA 164; D.M. Consunji, Inc. v.
State and all other interested parties, but also the intention to
Court of Appeals, G.R. No. 137873, April 20, 2001, 357 SCRA 249,
contribute
260261.
_______________
26
D.M. Consunji, Inc. v. Court of Appeals, Id., at pp. 260261.
27
Id., at pp. 260261.
28
Dungaran v. Koshnicke, G.R. No. 161048, August 31, It is true that Daniela retained physical possession of the
2005, 468 SCRA 676, 685. property even after she executed the subject Absolute Deed of
29
321 Phil. 809, 831832; 251 SCRA 430, 450 (1995). Sale and even after title to the property was transferred in
30
Ramos v. Heirs of Honorio Ramos, Sr., supra note 20, at pp. petitioner’s favor. In fact, Daniela continued to occupy the
348349; p. 604. property in dispute until her death in 1988 while, in the
meantime, petitioner continued to reside in Manila. However, it is
31
Heirs of Miguel Franco v. Court of Appeals, 463 Phil. 417,
wellestablished that ownership and possession are two entirely
433; 418 SCRA 60, 72 (2003).
different legal concepts.35 Just as possession is not a
90
_______________
90 SUPREME COURT REPORTS ANNOTATED
Tating vs. Marcella 32
Calicdan v. Cendaña, G.R. No. 155080, February 5,
needed revenues to the Government.32 Such an act strengthens 2004, 422 SCRA 272, 280.
one’s bona fide claim of acquisition of ownership. 33 On the other 33
Id., at p. 280.
hand, private respondents failed to present even a single tax 34
Exhibit “B,” OR, 139.
receipt or declaration showing that Daniela paid taxes due on the
disputed lot as proof that she claims ownership thereof. The only
35
Spouses Sabio v. The International Corporate Bank,
Tax Declaration in the name of Daniela, which private Inc., 416 Phil. 785, 820; 364 SCRA 385, 416 (2001).
respondents presented in evidence, refers only to the house 91
standing on the lot in controversy. 34 Even the said Tax VOL. 519, MARCH 27, 2007 91
Declaration contains a notation that herein petitioner owns the Tating vs. Marcella
lot (Lot 56) upon which said house was built. definite proof of ownership, neither is nonpossession inconsistent
Moreover, the Court agrees with petitioner that if the subject with ownership. The first paragraph of Article 1498 of the Civil
Deed of Absolute Sale did not really reflect the real intention of Code states that when the sale is made through a public
Daniela, why is it that she remained silent until her death; she instrument, the execution thereof shall be equivalent to the
never told any of her relatives regarding her actual purpose in delivery of the thing which is the object of the contract, if from the
executing the subject deed; she simply chose to make known her deed the contrary does not appear or cannot clearly be inferred.
true intentions through the sworn statement she executed on Possession, along with ownership, is transferred to the vendee by
December 28, 1977, the existence of which she kept secret from virtue of the notarized deed of conveyance. 36 Thus, in light of the
her relatives; and despite her declaration therein that she is circumstances of the present case, it is of no legal consequence
appealing for help in order to get back the subject lot, she never that petitioner did not take actual possession or occupation of the
took any concrete step to recover the subject property from disputed property after the execution of the deed of sale in her
petitioner until her death more than ten years later. favor because she was already able to perfect and complete her
ownership of and title over the subject property.
As to Daniela’s affidavit dated June 9, 1983, submitted by simulated, there is no more necessity to discuss the issue as to
petitioner, which confirmed the validity of the sale of the disputed whether or not a trust relationship was created between them.
lot in her favor, the same has no probative value, as the sworn WHEREFORE, the petition is GRANTED. The assailed
statement earlier adverted to, for being hearsay. Naturally, Decision and Resolution of the Court of Appeals in CAG.R. CV
private respondents were not able to crossexamine the deceased No. 64122, affirming the Decision of the Regional Trial Court of
affiant on her declarations contained in the said affidavit. Cadiz City, Negros Occidental, Branch 60, in Civil Case No. 278
However, even if Daniela’s affidavit of June 9, 1983 is C, are REVERSED AND SET ASIDE. The complaint of the
disregarded, the fact remains that private respondents failed to private respondents is DISMISSED.
prove by clear, strong and convincing evidence beyond mere No costs.
preponderance of evidence37 that the contract of sale between SO ORDERED.
Daniela and petitioner was simulated. The legal presumption is YnaresSantiago (Chairperson), Callejo, Sr., Chico
in favor of the validity of contracts and the party who impugns its Nazario and Nachura, JJ., concur.
regularity has the burden of proving its simulation. 38 Since
Petition granted, assailed decision and resolution reversed and
private respondents failed to discharge the bur
set aside. Complaint dismissed.
_______________
Note.—Tax receipts and declarations of ownership for
36
Id., at p. 820; Ong Ching Po v. Court of Appeals, G.R. Nos. taxation purposes are strong evidence of ownership. (Alonso vs.
11347273, December 20, 1994, 239 SCRA 341, 347. Cebu Country Club, Inc., 375 SCRA 390 [2002])
37
Mendezona v. Ozamiz, 426 Phil. 888, 904; 376 SCRA 482,
496 (2002). ——o0o——
38
People’s Aircargo and Warehousing Co., Inc. v. Court of
G.R. No. 173476. February 22, 2012.*
Appeals, supra note 19, at p. 870; p. 189; Ramos v. Heirs of PEOPLE OF THE PHILIPPINES, plaintiff
Honorio Ramos, Sr., supra note 20, at p. 346; p. 602. appellee, vs. RODRIGO SALAFRANCA y BELLO, accused
92 appellant.
92 SUPREME COURT REPORTS ANNOTATED Criminal Law; Alibi; Denials; Denial and alibi interposed by
Tating vs. Marcella the accused are worthless in the face of his positive identification
den of proving their allegation that the contract of sale between
as the assailant.—Salafranca’s denial and alibi were worthless in
petitioner and Daniela was simulated, the presumption of
the face of his positive identification by Mendoza as the assailant
regularity and validity of the October 14, 1969 Deed of Absolute
of Bolanon. The lower courts properly accorded full faith to such
Sale stands.
incrimination by Mendoza considering that Salafranca did not
Considering that the Court finds the subject contract of sale
between petitioner and Daniela to be valid and not fictitious or
even project any ill motive that could have impelled Mendoza to 02
testify against him unless it was upon the truth. People vs. Salafranca
Same; Treachery; Treachery is present when the offender Remedial Law; Evidence; Hearsay Evidence Rule; Dying
commits any of the crimes against the person, employing means, Declarations; Res Gestae; The statement of the victim an hour
methods or forms in the execution thereof which tend directly and before his death and right after the hacking incident bore all the
specially to insure its execution, without risk to himself arising earmarks either of a dying declaration or part of the res gestae
from the defense which the offended party might make.—Based on either of which was an exception to the hearsay rule.—It appears
Mendoza’s account, Salafranca had attacked Bolanon from behind from the foregoing testimony that Bolanon had gone to the
and had “encircled his left arm over the neck (of Bolanon) and residence of Estaño, his uncle, to seek help right after being
delivered the stabbing blow using the right (hand) and coming stabbed by Salafranca; that Estaño had hurriedly dressed up to
from wnnt (sic) up right sideways and another one encircling the bring his nephew to the Philippine General Hospital by taxicab;
blow towards below the left nipple.” Relying on Mendoza’s that on the way to the hospital, Estaño had asked Bolanon who
recollection of how Salafranca had attacked Bolanon, the RTC had stabbed him, and the latter had told Estaño that his
found treachery to be attendant in the killing. This finding the assailant had been Salafranca; that at the time of the utterance
CA concurred with. We join the CA’s concurrence because Bolanon had seemed to be having a hard time breathing, causing
Mendoza’s eyewitness account of the manner of attack remained Estaño to advise him not to talk anymore; and that about ten
uncontested by Salafranca who merely insisted on his alibi. The minutes after his admission at the emergency ward of the
method and means Salafranca employed constituted a surprise hospital, Bolanon had expired and had been pronounced dead.
deadly attack against Bolanon from behind and included an Such circumstances qualified the utterance of Bolanon as both a
aggressive physical control of the latter’s movements that ensured dying declaration and as part of the res gestae, considering that
the success of the attack without any retaliation or defense on the the Court has recognized that the statement of the victim an hour
part of Bolanon. According to the Revised Penal Code, treachery is before his death and right after the hacking incident bore all the
present when the offender commits any of the crimes against the earmarks either of a dying declaration or part of the res
person, employing means, methods or forms in the execution gestae either of which was an exception to the hearsay rule.
thereof which tend directly and specially to insure its execution, Same; Same; Same; Same; A dying declaration is generally
without risk to himself arising from the defense which the
inadmissible for being hearsay; Exceptions.—A dying declaration,
offended party might make.
although generally inadmissible as evidence due to its hearsay
_______________
character, may nonetheless be admitted when the following
* FIRST DIVISION.
502 requisites concur, namely: (a) that the declaration must concern
the cause and surrounding circumstances of the declarant’s
5 SUPREME COURT REPORTS ANNOTATED
death; (b) that at the time the declaration is made, the declarant
is under a consciousness of an impending death; (c) that the made before the declarant had time to contrive or devise; and (c)
declarant is competent as a witness; and (d) that the declaration the statements must concern the occurrence in question and its
is offered in a criminal case for homicide, murder, or parricide, in immediately attending circumstances. The requisites for
which the declarant is a victim. All the requisites were met admissibility of a declaration as part of the res gestae concur
herein. Bolanon communicated his antemortem statement to herein. Surely, when he gave the identity of the assailant to
Estaño, identifying Salafranca as the person who had stabbed Estaño, Bolanon was referring to a startling occurrence, i.e., his
him. At the time of his statement, Bolanon was conscious of his stabbing by Salafranca. Bolanon was then on board the taxicab
impending death, having sustained a stab wound in the chest that would bring him to the hospital, and thus had no time to
and, according to Estaño, was then experiencing great difficulty contrive his identification of Salafranca as the assailant. His
in breathing. Bolanon succumbed in the hospital emergency room utterance about Salafranca having stabbed him was made in
a few minutes from admission, which occurred under three hours spontaneity and only in reaction to the startling occurrence. The
after the stabbing. There is ample authority for the view that the statement was relevant because it identified Salafranca as the
declarant’s belief in the imminence of his death can be perpetrator.
503 Same; Same; Same; Same; Same; The term res gestae has
VOL. 666, FEBRUARY 22, 2012 50 been defined as “those circumstances which are the undersigned
incidents of a particular litigated act and which are admissible
People vs. Salafranca
when illustrative of such act.”—The term res gestae has been
shown by the declarant’s own statements or from defined as “those circumstances which are the undesigned
circumstantial evidence, such as the nature of his wounds, incidents of a particular litigated act and which are admissible
statements made in his presence, or by the opinion of his
when illustrative of such act.” In a general way, res gestae refers
physician. Bolanon would have been competent to testify on the
to the circumstances, facts, and declarations that grow out of the
subject of the declaration had he survived. Lastly, the dying
main fact and serve to illustrate its character and are so
declaration was offered in this criminal prosecution for murder in
spontaneous and contemporaneous with the main fact as to
which Bolanon was the victim.
exclude the idea of deliberation and fabrication. The rule on res
Same; Same; Same; Same; Res Gestae; Requisites for
gestae encompasses the exclamations and statements made by
declaration or an utterance as part of the res gestae to be
either the participants, victims, or spectators to a crime
admissible in evidence as an exception to the hearsay rule.—A
immediately before, during, or immediately after the commission
declaration or an utterance is deemed as part of the res gestae and
of the crime when the circumstances are such that the statements
thus admissible in evidence as an exception to the hearsay rule
were made as a spontaneous reaction or utterance inspired by the
when the following requisites concur, to wit: (a) the principal act,
excite
the res gestae, is a startling occurrence; (b) the statements are 504
5 SUPREME COURT REPORTS ANNOTATED an amount that would restore the heirs of Bolanon to their
04 moral status quo ante. Given the circumstances, the amount of
People vs. Salafranca P50,000.00 is reasonable as moral damages, which, pursuant to
ment of the occasion and there was no opportunity for the prevailing jurisprudence, we are bound to award despite the
declarant to deliberate and to fabricate a false statement. The absence of any allegation and proof of the heirs’ mental anguish
and emotional suffering.
test of admissibility of evidence as a part of the res gestae is,
therefore, whether the act, declaration, or exclamation is so Same; Same; Exemplary Damages; Exemplary damages may
intimately interwoven or connected with the principal fact or be imposed in criminal cases as part of the civil liability “when the
event that it characterizes as to be regarded as a part of the crime was committed with one or more aggravating
transaction itself, and also whether it clearly negatives any circumstances.”—The Civil Code provides that exemplary
premeditation or purpose to manufacture testimony. damages may be imposed in criminal cases as part of the civil
Civil Law; Damages; Civil Indemnity; Damages to be liability “when the crime was committed with one or more
awarded when death occurs due to a crime.—We modify the aggravating circumstances.” The Civil
limiting of civil damages by the CA and the RTC to only the death 505
indemnity of P50,000.00. We declare that the surviving heirs of VOL. 666, FEBRUARY 22, 2012 50
Bolanon were entitled by law to more than such indemnity, 5
because the damages to be awarded when death occurs due to a People vs. Salafranca
crime may include: (a) civil indemnity ex delicto for the death of
Code permits such damages to be awarded “by way of
the victim (which was granted herein); (b) actual or compensatory example or correction for the public good, in addition to the moral,
damages; (c) moral damages; (d) exemplary damages; and (e) temperate, liquidated or compensatory damages.” Conformably
temperate damages. with such legal provisions, the CA and the RTC should have
Same; Same; Same; The death indemnity compensated the recognized the entitlement of the heirs of the victim to exemplary
loss of life due to crime, but appropriate and reasonable moral damages because of the attendance of treachery. It was of no
damages would justly assuage the mental anguish and emotional moment that treachery was an attendant circumstance in
murder, and, as such, inseparable and absorbed in murder.
sufferings of the surviving family of the victim.—The death
APPEAL from a decision of the Court of Appeals.
indemnity compensated the loss of life due to crime, but
The facts are stated in the opinion of the Court.
appropriate and reasonable moral damages would justly assuage
The Solicitor General for plaintiffappellee.
the mental anguish and emotional sufferings of the surviving
family of the victim. Although mental anguish and emotional Public Attorney’s Office for accusedappellant.
sufferings of the surviving heirs were not quantifiable with BERSAMIN, J.:
mathematical precision, the Court must nonetheless strive to set
An antemortem declaration of a victim of murder, homicide, Mendoza, then still a minor of 13 years, who was in the complex
or parricide that meets the conditions of admissibility under at the time.2
the Rules of Court and pertinent jurisprudence is admissible As stated, Salafranca fled after stabbing Bolanon. He evaded
either as a dying declaration or as a part of the res gestae, or both. arrest for a long period, despite the warrant for his arrest being
issued. He was finally arrested on April 23, 2003, and detained at
Rodrigo Salafranca y Bello was charged with and tried for
the Manila City Jail.
murder for the fatal stabbing of Johnny Bolanon, and was
After trial, the RTC convicted Salafranca, stating:
ultimately found guilty of the felony by the Regional Trial Court,
“The evidence is clear that it was Rodrigo Salafranca who
Branch 18, in Manila on September 23, 2004. On appeal, his
delivered two (2) stabbing blows to the victim while holding
conviction was affirmed by the Court of Appeals (CA) through its
Johnny Bolanon with his left arm encircled around Bolanon’s
decision promulgated on November 24, 2005.1
neck stabbing the latter with the use of his right hand at the right
Salafranca has come to the Court on a final appeal, continuing
sub costal area which caused Bolanon’s death. Not only because it
to challenge the credibility of the witnesses who had incriminated
was testified to by Augusto Mendoza but corroborated by Rodolfo
him.
Estaño, the victim’s uncle who brought Bolanon to the hospital
_______________
and who relayed to the court that when he aided Bolanon and
1 Rollo, pp. 211; penned by Associate Justice Conrado M. even on their way to the hospital while the latter was suffering
Vasquez, Jr. (later Presiding Justice, now retired), with Associate from hard breathing, victim Bolanon was able to say that it was
Justice Juan Q. Enriquez, Jr. and Associate Justice Vicente Q. Rodrigo Salafranca who stabbed him.”3
Roxas, concurring. The RTC appreciated treachery based on the testimony of
506 Prosecution witness Mendoza on how Salafranca had effected his
506 SUPREME COURT REPORTS ANNOTATED attack against Bolanon, observing that by “encircling his
People vs. Salafranca (accused) left arm, while behind the victim on the latter’s neck
The established facts show that past midnight on July 31, and stabbing the victim with the use of his right hand,”
1993 Bolanon was stabbed near the Del Pan Sports Complex in _______________
Binondo, Manila; that after stabbing Bolanon, his assailant ran 2 Id., pp. 34.
away; that Bolanon was still able to walk to the house of his uncle 3 CA Rollo, p. 36.
Rodolfo B. Estaño in order to seek help; that his uncle rushed him
507
to the Philippine General Hospital by taxicab; that on their way
VOL. 666, FEBRUARY 22, 2012 507
to the hospital Bolanon told Estaño that it was Salafranca who
had stabbed him; that Bolanon eventually succumbed at the People vs. Salafranca
hospital at 2:30 am despite receiving medical attention; and that Salafranca did not give Bolanon “any opportunity to defend
the stabbing of Bolanon was personally witnessed by Augusto himself.”4 The RTC noted inconsistencies in Salafranca’s and his
witness’ testimonies, as well as the fact that he had fled from his
residence the day after the incident and had stayed away in 508
Bataan for eight years until his arrest. The RTC opined that had 508 SUPREME COURT REPORTS ANNOTATED
he not been hiding, there would be no reason for him to People vs. Salafranca
immediately leave his residence, especially because he was also pointing to Salafranca as his assailant,8 and Salafranca’s positive
working near the area.5 identification as the culprit by Mendoza. 9 It stressed that
The RTC disposed thus:
Salafranca’s denial and his alibi of being in his home during the
“With the above observations and findings, accused Rodrigo
incident did not overcome the positive identification, especially as
Salafranca is hereby found guilty of the crime of Murder defined
his unexplained flight after the stabbing, leaving his home and
and punished under Article 248 as amended by Republic Act No.
employment, constituted a circumstance highly indicative of his
7659 in relation to Article 63 of the Revised Penal Code with the
guilt.10
presence of the qualifying aggravating circumstance of treachery
Presently, Salafranca reiterates his defenses, and insists that
(248 par. 1 as amended) without any mitigating nor other
the State did not prove his guilt beyond reasonable doubt.
aggravating circumstance attendant to its commission, Rodrigo
The appeal lacks merit.
Salafranca is hereby sentenced to suffer the penalty of reclusion Discrediting Mendoza and Estaño as witnesses against
perpetua. Salafranca would be unwarranted. The RTC and the CA correctly
He shall be credited with the full extent of his preventive concluded that Mendoza and Estaño were credible and reliable.
imprisonment under Article 29 of the Revised Penal Code. The determination of the competence and credibility of witnesses
His body is hereby committed to the custody of the Director of at trial rested primarily with the RTC as the trial court due to its
the Bureau of Correction, National Penitentiary, Muntinlupa City unique and unequalled position of observing their deportment
thru the City Jail Warden of Manila. during testimony, and of assessing their credibility and
He is hereby ordered to indemnify the heirs of the victim the appreciating their truthfulness, honesty and candor. Absent a
sum of P50,000.00 representing death indemnity. substantial reason to justify the reversal of the assessment made
There being no claim of other damages, no pronouncement is and conclusions reached by the RTC, the CA as the reviewing
hereby made. court was bound by such assessment and
SO ORDERED.”6 conclusions,11considering that the CA as the appellate court could
On appeal, the CA affirmed the findings and conclusions of the neither substitute its assessment nor draw different conclusions
RTC,7 citing the dying declaration made to his uncle without a persuasive showing that the RTC misappreciated the
_______________ circumstances or omitted significant evidentiary matters that
4 Id., p. 38. would alter the result.12Salafranca did not persuasively show a
5 Id., pp. 3638. misappreciation or omis
6 Id., p. 39. _______________
7 Supra, at note 1. 8 Id., at p. 6.
9 Id., at p. 9. employed constituted a surprise deadly attack against Bolanon
10 CA Rollo, p. 110. from behind and included an aggres
_______________
11 People v. Resuma, G.R. No. 179189, February 26, 2008, 546
SCRA 728, 737. 13 People v. De Guzman, G.R. No. 177569, November 28, 2007,
12 People v. Taan, G.R. No. 169432, October 30, 2006, 506 539 SCRA 306, 314; People v. Cabugatan, G.R. No. 172019,
SCRA 219, 230; Bricenio v. People, G.R. No. 157804, June 20, February 12, 2007, 515 SCRA 537, 547, People v. Taan, G.R. No.
2006, 491 SCRA 489, 496. 169432, October 30, 2006, 506 SCRA 219, 230; Perez v. People,
509 G.R. No. 150443, January 20, 2006, 479 SCRA 209, 219; People v.
VOL. 666, FEBRUARY 22, 2012 509 Tonog, Jr., G.R. No. 144497, June 29, 2004, 433 SCRA 139, 153
People vs. Salafranca 154; People v. Genita, Jr., G.R. No. 126171, March 11, 2004, 425
sion by the RTC. Hence, the Court, in this appeal, is in no SCRA 343, 349; People v. Pacheco, G.R. No. 142887, March 2,
position to undo or to contradict the findings of the RTC and the 2004, 424 SCRA 164, 174; People v. Abolidor, G.R. No. 147231,
CA, which were entitled to great weight and respect. 13
February 18, 2004, 423 SCRA 260, 265266; People v. Santiago,
Salafranca’s denial and alibi were worthless in the face of his G.R. No. 13754243, January 20, 2004, 420 SCRA 248, 256.
positive identification by Mendoza as the assailant of Bolanon.
14 Domingo v. People, G.R. No. 186101, October 12, 2009, 603
The lower courts properly accorded full faith to such
SCRA 488, 508.
incrimination by Mendoza considering that Salafranca did not
15 TSN, September 1, 2003, pp. 34.
even project any ill motive that could have impelled Mendoza to
510
testify against him unless it was upon the truth.14
510 SUPREME COURT REPORTS ANNOTATED
Based on Mendoza’s account, Salafranca had attacked
Bolanon from behind and had “encircled his left arm over the People vs. Salafranca
neck (of Bolanon) and delivered the stabbing blow using the sive physical control of the latter’s movements that ensured the
right(hand) and coming from wnnt (sic) up right sideways and success of the attack without any retaliation or defense on the
another one encircling the blow towards below the left part of Bolanon. According to the Revised Penal Code,16 treachery
nipple.”15 Relying on Mendoza’s recollection of how Salafranca is present when the offender commits any of the crimes against
had attacked Bolanon, the RTC found treachery to be attendant the person, employing means, methods or forms in the execution
in the killing. This finding the CA concurred with. We join the thereof which tend directly and specially to insure its execution,
CA’s concurrence because Mendoza’s eyewitness account of the without risk to himself arising from the defense which the
manner of attack remained uncontested by Salafranca who offended party might make.
The Court further notes Estaño’s testimony on the utterance
merely insisted on his alibi. The method and means Salafranca
by Bolanon of statements identifying Salafranca as his assailant
right after the stabbing incident. The testimony follows:
Q Can you tell what happened on the said date? A He was suffering from hard breathing so I told him not
A My nephew arrived in our house with a stab wound on to talk anymore because he will just suffer more.
his left chest. Q What happened when you told him that?
Q What time was that? A He kept silent.
A 12:50 a.m. Q What time did you arrive at the PGH?
Q When you saw your nephew with a stab wound, what A I cannot remember the time because I was already
did he say? confused at that time.
A “Tito dalhin mo ako sa Hospital sinaksak ako.” Q When you arrived at the PGH what happened?
Q What did you do? A He was brought to Emergency Room.
A I immediately dressed up and brought him to PGH. Q When he was brought to the emergency room what
Q On the way to the PGH what transpired? happened?
A While traveling toward PGH I asked my nephew who A He was pronounced dead.17
stabbed him?, and he answered, Rod Salafranca. It appears from the foregoing testimony that Bolanon had
Q Do you know this Rod Salafranca? gone to the residence of Estaño, his uncle, to seek help right after
A Yes, Sir. being stabbed by Salafranca; that Estaño had hurriedly dressed
Q How long have you known him? up to bring his nephew to the Philippine General Hospital by
A “Matagal na ho kasi magneighbor kami.” taxicab; that on the way to the hospital, Estaño had asked
Q If you see him inside the courtroom will you be able to Bolanon who had stabbed him, and the latter had told Estaño
identify him? that his assailant had been Salafranca; that at the time of the
A Yes, Sir. utterance Bolanon had seemed to be having a hard time
_______________ breathing, causing Estaño to advise him not to talk anymore; and
that about ten minutes after his admission at the emergency
16 Article 14, paragraph 16, Revised Penal Code.
ward of the hospital, Bolanon had expired and had been
511
pronounced dead. Such circumstances qualified the utterance of
VOL. 666, FEBRUARY 22, 2012 511
Bolanon as both a dying declaration and as part of the res gestae,
People vs. Salafranca
considering that the Court has recognized that the statement of
Q Will you look around and point him to us?
the victim an hour before his death and right after the hacking
A (Witness pointing to a man who answered by the name
incident bore all the earmarks either
of Rod Salafranca.)
_______________
COURT
17 TSN, March 18, 2003, pp. 34.
When he told you the name of his assailant what was
512
his condition?
512 SUPREME COURT REPORTS ANNOTATED
People vs. Salafranca
of a dying declaration or part of the res gestae either of which was 18, 1997, 271 SCRA 517, 522; People v. Elizaga, No. L78794,
an exception to the hearsay rule.18 November 21, 1988, 167 SCRA 516, 520; People v. Lanza, No. L
A dying declaration, although generally inadmissible as 31782, December 14, 1979, 94 SCRA 613, 625; People v. Saliling,
evidence due to its hearsay character, may nonetheless be No. L27874, February 27, 1976, 69 SCRA 427, 438.
admitted when the following requisites concur, namely: (a) that 20 M. Graham, Federal Practice and Procedure: Evidence §
the declaration must concern the cause and surrounding 7074, Interim Edition, Vol. 30B, 2000, West Group, St. Paul,
circumstances of the declarant’s death; (b) that at the time the Minne
declaration is made, the declarant is under a consciousness of an 513
impending death; (c) that the declarant is competent as a witness; VOL. 666, FEBRUARY 22, 2012 513
and (d) that the declaration is offered in a criminal case for People vs. Salafranca
homicide, murder, or parricide, in which the declarant is a would have been competent to testify on the subject of the
victim.19 declaration had he survived. Lastly, the dying declaration was
All the requisites were met herein. Bolanon communicated his offered in this criminal prosecution for murder in which Bolanon
antemortem statement to Estaño, identifying Salafranca as the was the victim.
person who had stabbed him. At the time of his statement, A declaration or an utterance is deemed as part of the res
Bolanon was conscious of his impending death, having sustained
gestae and thus admissible in evidence as an exception to the
a stab wound in the chest and, according to Estaño, was then
hearsay rule when the following requisites concur, to wit: (a) the
experiencing great difficulty in breathing. Bolanon succumbed in
the hospital emergency room a few minutes from admission, principal act, the res gestae, is a startling occurrence; (b) the
which occurred under three hours after the stabbing. There is statements are made before the declarant had time to contrive or
ample authority for the view that the declarant’s belief in the devise; and (c) the statements must concern the occurrence in
imminence of his death can be shown by the declarant’s own question and its immediately attending circumstances.21
statements or from circumstantial evidence, such as the nature of The requisites for admissibility of a declaration as part of
his wounds, statements made in his presence, or by the opinion of the res gestae concur herein. Surely, when he gave the identity of
his physician.20 Bolanon the assailant to Estaño, Bolanon was referring to a startling
_______________ occurrence, i.e., his stabbing by Salafranca. Bolanon was then on
18 People v. Loste, G.R. No. 94785, July 1, 1992, 210 SCRA board the taxicab that would bring him to the hospital, and thus
614, 621, citing People v. Mision, G.R. No. 63480, February 26, had no time to contrive his identification of Salafranca as the
1991, 194 SCRA 432, 339340. assailant. His utterance about Salafranca having stabbed him
19 People v. Labagala, G.R. No. 184603, August 2, 2010, 626 was made in spontaneity and only in reaction to the startling
SCRA 267, 278; see also People v. Garma, G.R. No. 110872, April occurrence. The statement was relevant because it identified
Salafranca as the perpetrator.
The term res gestae has been defined as “those circumstances interwoven or connected with the principal fact or event that it
which are the undesigned incidents of a particular litigated act characterizes as to be regarded as a part of the transaction itself,
and which are admissible when illustrative of and also whether it clearly negatives any premeditation or
_______________ purpose to manufacture testimony.25
sota; citing Shepard v. United States, 290 US 96, 100; Mattox We modify the limiting of civil damages by the CA and the
RTC to only the death indemnity of P50,000.00. We declare that
v. United States, 146 US 140, 151 (sense of impending death may
the surviving heirs of Bolanon were entitled by law to more than
be made to appear “from the nature and extent of the wounds
such indemnity, because the damages to be awarded when death
inflicted, being obviously such that he must have felt or known
occurs due to a crime may include: (a) civil indemnity ex
that he could not survive.”); Webb v. Lane, 922 F.2d 390, 395396
delicto for the death of the victim (which was granted herein); (b)
(7th Cir. 1991); United States v. Mobley, 491 F.2d 345 (5th Cir.
1970). actual or compensatory damages; (c)
_______________
21 People v. Peralta, G.R. No. 94570, September 28, 1994, 237
22 Alhambra Bldg. & Loan Ass’n v. DeCelle, 118 P. 2d 19, 47
SCRA 218, 224; People v. Maguikay, G.R. Nos. 10322628,
October 14, 1994, 237 SCRA 587, 600. C.A. 2d 409; Reilly Tar & Chemical Corp. v. Lewis, 61 N.E. 2d
514 297, 326 Ill. App. 117.
514 SUPREME COURT REPORTS ANNOTATED 23 Kaiko v. Dolinger, 440 A. 2d 198, 184 Conn. 509; Southern
People vs. Salafranca Surety Co. v. Weaver, Com. App. 273 S.W. 838.
such act.”22 In a general way, res gestae refers to the 24 People v. Sanchez, G.R. No. 74740, August 28, 1992, 213
circumstances, facts, and declarations that grow out of the main SCRA 70, 79.
fact and serve to illustrate its character and are so spontaneous 25 Molloy v. Chicago Rapid Transit Co., 166 N.E. 530, 335 Ill.
and contemporaneous with the main fact as to exclude the idea of 164; Campbell v. Gladden, 118 A. 2d 133, 383 Pa. 144, 53 A.L.R.
deliberation and fabrication.23 The rule on res gestae encompasses 2d 1222.
the exclamations and statements made by either the 515
participants, victims, or spectators to a crime immediately before, VOL. 666, FEBRUARY 22, 2012 515
during, or immediately after the commission of the crime when People vs. Salafranca
the circumstances are such that the statements were made as moral damages; (d) exemplary damages; and (e) temperate
a spontaneous reaction or utterance inspired by the excitement of damages.26
the occasion and there was no opportunity for the declarant to We hold that the CA and the RTC should have further granted
deliberate and to fabricate a false statement. 24 The test of moral damages which were different from the death
admissibility of evidence as a part of the res gestae is, therefore, indemnity.27 The death indemnity compensated the loss of life due
whether the act, declaration, or exclamation is so intimately to crime, but appropriate and reasonable moral damages would
justly assuage the mental anguish and emotional sufferings of the 516 SUPREME COURT REPORTS ANNOTATED
surviving family of the victim. 28 Although mental anguish and People vs. Salafranca
emotional sufferings of the surviving heirs were not quantifiable and support, but often leaves them with the gnawing feeling that
with mathematical precision, the Court must nonetheless strive an injustice has been done to them.”30
to set an amount that would restore the heirs of Bolanon to their The CA and the RTC committed another omission consisting
moral status quo ante. Given the circumstances, the amount of in their nonrecognition of the right of the heirs of Bolanon to
P50,000.00 is reasonable as moral damages, which, pursuant to temperate damages. It is already settled that when actual
prevailing jurisprudence,29 we are bound to award despite the damages for burial and related expenses are not substantiated by
absence of any allegation and proof of the heirs’ mental anguish receipts, temperate damages of at least P25,000.00 are
and emotional suffering. The rationale for doing so rested on warranted, for it would certainly be unfair to the surviving heirs
human nature and experience having shown that: of the victim to deny them compensation by way of actual
“xxx a violent death invariably and necessarily brings about damages.31
emotional pain and anguish on the part of the victim’s family. It Moreover, the Civil Code provides that exemplary damages
is inherently human to suffer sorrow, torment, pain and anger may be imposed in criminal cases as part of the civil liability
when a loved one becomes the victim of a violent or brutal killing. “when the crime was committed with one or more aggravating
Such violent death or brutal killing not only steals from the
circumstances.”32 The Civil Code permits such damages to be
family of the deceased his precious life, deprives them forever of
awarded “by way of example or correction for the public good, in
his love, affection
addition to the moral, temperate, liquidated or compensatory
_______________
damages.”33Conformably with such legal provisions, the CA and
26 People v. Fontanilla, G.R. No. 177743, January 25, the RTC should have recognized the entitlement of the heirs of
2012; People v. Domingo, G.R. No. 184343, March 2, 2009, 580 the victim to exemplary damages because of the attendance of
SCRA 436, 455. treachery. It was of no moment that treachery was an attendant
27 Heirs of Raymundo Castro v. Bustos, L25913, February 28, circumstance in murder, and, as such, inseparable and absorbed
1969, 27 SCRA 327, 333. in murder. The Court explained so in People v. Catubig:34
28 Article 2206, (3), in relation to Article 2217 and Article “The term “aggravating circumstances” used by the Civil
2219, Civil Code, and Article 107, Revised Penal Code. Code, the law not having specified otherwise, is to be understood
29 People v. Salva, G.R. No. 132351, January 10, 2002, 373 in its broad or generic sense. The commission of an offense has a
SCRA 55, 69; People v. Osianas, G.R. No. 182548, September 30, twopronged effect, one on the public as it breaches the social
2008, 567 SCRA 319, 340; People v. Buduhan, G.R. No. 178196, order and the other upon the private victim as it causes personal
August 6, 2008, 561 SCRA 337, 367368; People v. Berondo, Jr., sufferings,
G.R. No. 177827, March 30, 2009, 582 SCRA 547. _______________
516
30 People v. Panado, G.R. No. 133439, December 26, 2000, 348 For the purpose of fixing the exemplary damages, the sum of
SCRA 679, 690691. P30,000.00 is deemed reasonable and proper,35 because we think
31 People v. Lacaden, G.R. No. 187682, November 25, 2009, that a lesser amount could not result in genuine exemplarity.
605 SCRA 784, 804805. WHEREFORE, the Court AFFIRMS the decision of the Court
of Appeals promulgated on November 24, 2005, but MODIFIES
32 Article 2230, Civil Code.
the awards of civil damages by adding to the amount of
33 Article 2229, Civil Code. P50,000.00 awarded as death indemnity the amounts of
34 G.R. No. 137842, August 23, 2001, 363 SCRA 621, 635. P50,000.00 as moral damages; P25,000.00 as temperate damages;
617 and P30,000.00 as exemplary damages, all of which awards shall
VOL. 666, FEBRUARY 22, 2012 617
bear interest of 6% per annum from the finality of this decision.
People vs. Salafranca The accused shall further pay the costs of suit.
each of which is addressed by, respectively, the prescription of _______________
heavier punishment for the accused and by an award of 35 See People v. Dela Cruz, G.R. No. 188353, February 16,
additional damages to the victim. The increase of the penalty or a
2010, 612 SCRA 738, 752, People v. Del Rosario, G.R. No. 189580,
shift to a graver felony underscores the exacerbation of the
February 9, 2011, 642 SCRA 625, 637638.
offense by the attendance of aggravating circumstances, whether
518
ordinary or qualifying, in its commission. Unlike the criminal
518 SUPREME COURT REPORTS ANNOTATED
liability which is basically a State concern, the award of
damages, however, is likewise, if not primarily, intended People vs. Salafranca
for the offended party who suffers thereby. It would make SO ORDERED.
little sense for an award of exemplary damages to be due Corona (C.J., Chairperson), LeonardoDe Castro,
the private offended party when the aggravating Villarama, Jr. and PerlasBernabe,** JJ., concur.
circumstance is ordinary but to be withheld when it is Judgment affirmed with modifications.
qualifying. Withal, the ordinary or qualifying nature of an Notes.—As a rule, a dying declaration is hearsay and is
aggravating circumstance is a distinction that should only inadmissible as evidence. (People vs. Labagala, 626 SCRA 267
be of consequence to the criminal, rather than to the civil, [2010])
liability of the offender. In fine, relative to the civil aspect Res gestae refers to statements made by the participants or
of the case, an aggravating circumstance, whether the victims of, or the spectators to, a crime immediately before,
ordinary or qualifying, should entitle the offended party during, or after its commission—these statements are a
to an award of exemplary damages within the unbridled spontaneous reaction or utterance inspired by the excitement of
meaning of Article 2230 of the Civil Code.” the occasion, without any opportunity for the declarant to
fabricate a false statement. (People vs. Fallones, 645 SCRA 650 right of a litigant to crossexamine. It is settled that it is the
[2011]) opportunity to crossexamine which negates the claim that the
matters testified to by a witness are hearsay. However, the right
——o0o—— to crossexamine may be waived. The repeated failure of a party to
© Copyright 2018 Central Book Supply, Inc. All rights crossexamine the witness is an implied waiver of such right.
reserved. Same; Same; Same; Under Section 4, Rule 129 of the Rules
of Court, a judicial admission requires no proof.—As correctly
found by the Court of Appeals, petitioner’s admission as to the
execution of the promissory note by it through private respondent
Arrieta and Bermundo at pretrial suf
_______________
SECOND DIVISION.
*
71
VOL. 353, FEBRUARY 28, 2001 7
1
70 SUPREME COURT REPORTS ANNOTATED
SCC Chemicals Corporation vs. Court of Appeals
SCC Chemicals Corporation vs. Court of Appeals
ficed to settle the question of the genuineness of signatures.
G.R. No. 128538. February 28, 2001.*
The admission having been made in a stipulation of facts at pre
SCC CHEMICALS CORPORATION, petitioner, vs. THE trial by the parties, it must be treated as a judicial admission.
HONORABLE COURT OF APPEALS, STATE INVESTMENT Under Section 4, Rule 129 of the Rules of Court, a judicial
HOUSE, INC., DANILO ARRIETA and LEOPOLDO HALILI, admission requires no proof.
respondents. Civil Law; Attorneys Fees; Award of attorney’s fees is the
Remedial Law; Civil Procedure; Evidence; Rule that hearsay
exception rather than the rule, hence it is necessary for the trial
evidence is excluded and carries no probative value admits of an
court to make findings of fact and law, which would bring the
exception; It is settled that it is the opportunity to crossexamine
case within the exception and justify the grant of the award.—It is
which negates the claim that the matters testified to by a witness settled that the award of attorney’s fees is the exception rather
are hearsay.—As a rule, hearsay evidence is excluded and carries than the rule, hence it is necessary for the trial court to make
no probative value. However, the rule does admit of an exception. findings of fact and law, which would bring the case within the
Where a party failed to object to hearsay evidence, then the same exception and justify the grant of the award. Otherwise stated,
is admissible. The rationale for this exception is to be found in the given the failure by the trial court to explicitly state the rationale
for the award of attorney’s fees, the same shall be disallowed. In 25% of the total amount due and demandable as attorney’s fees
the present case, a perusal of the records shows that the trial and to pay the cost(s) of suit.
court failed to explain the award of attorney’s fees. We hold that SO ORDERED.1
the same should thereby be deleted. Equally challenged in this petition is the Resolution of the
PETITION for review on certiorari of a decision of the Court of appellate court dated February 27, 1997, denying SCC Chemicals
Appeals. Corporation’s motion for reconsideration.
The facts are stated in the resolution of the Court. The background of this case, as culled from the decision of the
Romeo B. Batino & Associates Law Offices for petitioner. Court of Appeals, is as follows:
Escober and Alon Law Office for private respondents. On December 13, 1983, SCC Chemicals Corporation (SCC for
R E S O L U T I O N brevity) through its chairman, private respondent Danilo Arrieta
and vice president, Pablo (Pablito) Bermundo, obtained a loan
from State Investment House, Inc., (hereinafter SIHI) in the
QUISUMBING, J.:
amount of P129,824.48. The loan carried an annual interest rate
of 30% plus penalty charges of 2% per month on the remaining
Before us is a petition for review, pursuant to Rule 45 of the Rules
balance of the principal upon nonpayment on the due date
of Court, of the Decision of the Court of Appeals dated in
January 12, 1984. To secure the payment of the loan, Danilo
November 12, 1996 in CAG.R. CV No. 45742entitled “State
Arrieta and private respondent Leopoldo Halili executed a
Investment House, Inc. v. Danilo Arrieta, et al., and SCC Comprehensive Surety Agreement binding themselves jointly and
Chemical Corporation.” The questioned decision affirmed in toto severally to pay the obligation on the maturity date. SCC failed to
the decision of the Regional Trial Court of Manila, Branch 33, pay the loan when it matured. SIHI then sent demand letters to
dated March 22, 1993, in Civil Case No. 8425881, the dispositive SCC, Arrieta and Halili, but notwithstanding receipt thereof, no
portion of which reads: payment was made.
WHEREFORE, premises considered, judgment is hereby On August 2, 1984, SIHI filed Civil Case No. 8425881 for a
rendered in favor of the plaintiff and against the defendants sum of money with a prayer for preliminary attachment against
ordering the latter to pay jointly and severally the plaintiff the SCC, Arrieta, and Halili with the Regional Trial Court of Manila.
following: a) To pay plaintiff State Investment House, Inc., the In its answer, SCC asserted SIHFs lack of cause of action.
sum of P150,483.16 with interest thereon at Petitioner contended that the promissory note upon which SIHI
72 anchored its cause of action was null, void, and of no binding
72 SUPREME COURT REPORTS ANNOTATED effect for lack or failure of consideration.
SCC Chemicals Corporation vs. Court of Appeals The case was then set for pretrial. The parties were allowed
30% per annum reckond (sic) from April, 1984 until the whole to meet outofcourt in an effort to settle the dispute amicably. No
amount is fully paid; b) To pay plaintiff an amount equivalent to settlement was reached, but the following stipulation of facts was
agreed upon:
_______________ its counsel failed to appear despite notice. SCC was finally
declared by the trial court to have waived its right to cross
1
Rollo, p. 33. examine the witness of SIHI and the case was deemed submitted
73 for decision.
VOL. 353, FEBRUARY 28, 2001 73 On March 22, 1993, the lower court promulgated its decision
SCC Chemicals Corporation vs. Court of Appeals in favor of SIHI.
Aggrieved by the verdict, SCC elevated the case to the Court
1. 1.Parties agree that this Court has jurisdiction over the of Appeals where it was docketed as CAG.R. CV No. 45742.
plaintiff and the defendant and that it has jurisdiction to On appeal, SCC contended that SIHI had failed to show, by a
try and decide this case on its merits and that plaintiff preponderance of evidence, that the latter had a case against it.
and the defendant have each the capacity to sue and to SCC argued that the lone witness presented by SIHI to prove its
be sued in this present action; claim was insufficient as the competency of the witness was not
established and there was no showing that he had personal
knowledge of the transaction. SCC further maintained that no
2. 2.Parties agree that plaintiff sent a demand letter to the
proof was shown of the genuineness of the signatures in the
defendant SCC Chemical Corporation dated April 4,
documentary exhibits presented as evidence and that these
1984 together with a statement of account of even date
signatures were
which were both received by the herein defendant; and
_______________
3. 3.Parties finally agree that the plaintiff and the defendant
SCC Chemical Corporation the latter acting through 2
Id. at 31.
defendants Danilo E. Arrieta and Pablito Bermundo
74
executed a promissory note last December 13, 1983 for
74 SUPREME COURT REPORTS ANNOTATED
the amount of P129,824.48 with maturity date on
January 12, 1984.2 SCC Chemicals Corporation vs. Court of Appeals
neither marked nor offered in evidence by SIHI. Finally, SCC
The case then proceeded to trial on the sole issue of whether or pointed out that the original copies of the documents were not
not the defendants were liable to the plaintiff and to what extent presented in court.
was the liability. On November 12, 1996, the appellate court affirmed in toto the
SIHI presented one witness to prove its claim. The cross judgment appealed from.
examination of said witness was postponed several times due to On December 11, 1996 SCC filed its motion for
one reason or another at the instance of either party. The case reconsideration, which the Court of Appeals denied in its
was calendared several times for hearing but each time, SCC or resolution dated February 27, 1997.
Hence, petitioner’s recourse to this Court relying on the 3
“SEC. 36. Testimony generally confined to personal
following assignments of error: knowledge; hearsay excluded.—A witness can testify only to those
facts which he knows of his personal knowledge; that is, which
I are derived from his own perception, except as otherwise provided
in these rules.”
THE RESPONDENT COURT OF APPEALS GRAVELY ERRED
75
IN FINDING THAT PRIVATE RESPONDENT PROVED ITS
VOL. 353, FEBRUARY 28, 2001 75
CAUSE OF ACTION AND OVERCAME IT’S BURDEN OF
PROOF. SCC Chemicals Corporation vs. Court of Appeals
48,4 Rule 130 of the Rules of Court and it was manifest error for
II the Court of Appeals to have ruled otherwise. In addition, SCC
points out that the sole witness of SIHI did not profess to have
THE RESPONDENT COURT OF APPEALS GRAVELY seen the document presented in evidence executed or written by
ERRED IN AWARDING ATTORNEY’S FEES TO THE PRIVATE SCC. Thus, no proof of its genuineness was adduced. SIHI thus
RESPONDENT. ran afoul of Section 2,5 Rule 132 of the Rules of Court, which
We find the pertinent issues submitted for resolution to be: requires proof of due execution and authenticity of private
documents before the same can be received as evidence. Petitioner
1. (1)Whether or not the Court of Appeals made an error of likewise submits that none of the signatures affixed in the
law in holding that private respondent SIHI had proved documentary evidence presented by SIHI were offered in
its cause of action by preponderant evidence; and evidence. It vehemently argues that such was in violation of the
requirement of Section 34,6 Rule 132 of the Rules of Court. It was
2. (2)Whether or not the Court of Appeals erred in upholding thus an error of law on the part of the appellate court to consider
the award of attorney’s fees to SIHI. the same. Finally, petitioner posits that the nonproduction of the
originals of the documents presented in evidence allows the
presumption of suppression of evidence provided for in Section
Anent the first issue, petitioner contends that SIHI introduced
3(e),7 Rule 131 of the Rules of Court, to come into play.
documentary evidence through the testimony of a witness whose
Petitioner’s arguments lack merit; they fail to persuade us.
competence was not established and whose personal knowledge of
the truthfulness of the facts testified to was not demonstrated. It
_______________
argues that the same was in violation of Sections 363 and
“SEC. 48. General Rule.—The opinion of a witness is not
4
_______________
admissible, except as indicated in the following sections.”
5
“SEC. 2. Proceedings to be recorded.—The entire proceedings “hearsay rule” contained in Section 36, Rule 130 of the Rules of
of a trial or hearing; including the questions propounded to a Court.
witness and his answers thereto, the statements made by the Rule 130, Section 36 reads:
judge or any of the parties, counsel, or witnesses with reference to SEC. 36. Testimony generally confined to personal knowledge;
the case, shall be recorded by means of shorthand or stenotype or hearsay excluded.—A witness can testify only to those facts which
by other means of recording found suitable by the court. he knows of his personal knowledge; that is, which are derived
A transcript of the record of the proceedings made by the official from his own perception, except as otherwise provided in these
stenographer, stenotypist or recorder and certified as correct by rules.
him shall be deemed prima facie a correct statement of such Petitioner’s reliance on Section 36, Rule 130 of the Rules of Court
proceedings.” is misplaced. As a rule, hearsay evidence is excluded and carries
6
“SEC. 34. Offer of evidence.—The court shall consider no no probative value.8 However, the rule does admit of an exception.
evidence which has not been formally offered. The purpose for Where a party failed to object to hearsay evidence, then the same
which the evidence is offered shall be specified.” is admissible.9 The rationale for this exception is to be found in
7
“SEC. 3. Disputable presumptions.—The following the right of a litigant to crossexamine. It is settled that it is the
presumptions are satisfactory if uncontradicted, but may be opportunity to crossexamine which negates the claim that the
contradicted and overcome by other evidence: matters testified to by a witness are hearsay. 10However, the right
x x x to crossexamine may be waived. The repeated failure of a party
to crossexamine the witness is an implied waiver of such right.
1. “(e)That evidence willfully suppressed would be adverse if Petitioner was afforded several opportunities by the trial court to
produced.” crossexamine the other party’s witness. Petitioner repeatedly
failed to take advantage of these opportunities. No error was thus
76 committed by the respondent court when it sustained the trial
court’s finding that petitioner had waived its right to cross
76 SUPREME COURT REPORTS ANNOTATED
examine
SCC Chemicals Corporation vs. Court of Appeals
We note that the Court of Appeals found that SCC failed to _______________
appear several times on scheduled hearing dates despite due
notice to it and counsel. On all those scheduled hearing dates, Waterous Drug Corporation v. NLRC, 280 SCRA 735, 745
8
petitioner was supposed to crossexamine the lone witness offered
(1997) citing People v. Laurente, 255 SCRA 543, 567
by SIHI to prove its case. Petitioner now charges the appellate
court with committing an error of law when it failed to disallow (1996); Batiquin v. Court of Appeals, 258 SCRA 334, 342
the admission in evidence of said testimony pursuant to the (1996); Eugenio v. Court of Appeals, 239 SCRA 207, 216 (1994)
citing People v. Valero, L4528384, March 19, 112 SCRA the contrary or proof of payment or other forms of extinguishment
661 (1982); 3 Jones on evidence, 2nd Ed., 745 (1994). of said obligation. No reversible error was thus committed by the
9
Krohn v. Court of Appeals, 233 SCRA 146, 154 (1994). appellate court when it held petitioner liable on its obligation,
pursuant to Article 1159 of the Civil Code which reads:
10
San Sebastian College v. Court of Appeals, 197 SCRA 138
146(1991).
_______________
77
VOL. 353, FEBRUARY 28, 2001 77 11
“SEC. 4. Judicial admissions.—An admission, verbal or
SCC Chemicals Corporation vs. Court of Appeals written, made by a party in the course of the proceedings in the
the opposing party’s witness. It is now too late for petitioner to be same case, does not require proof. The admission may be
raising this matter of hearsay evidence. contradicted only by showing that it was made through palpable
Nor was the assailed testimony hearsay. The Court of Appeals mistake or that no such admission was made.”
correctly found that the witness of SIHI was a competent witness 12
RULES OF COURT, Rule 130, sec. 3 and 4.
as he testified to facts, which he knew of his personal knowledge. 78
Thus, the requirements of Section 36, Rule 130 of the Rules of 78 SUPREME COURT REPORTS ANNOTATED
Court as to the admissibility of his testimony were satisfied.
SCC Chemicals Corporation vs. Court of Appeals
Respecting petitioner’s other submissions, the same are moot
ART. 1159. Obligations arising from contracts have the force of
and academic. As correctly found by the Court of Appeals,
law between the contracting parties and should be complied with
petitioner’s admission as to the execution of the promissory note
in good faith.
by it through private respondent Arrieta and Bermundo at pre
trial sufficed to settle the question of the genuineness of On the second issue, petitioner charges the Court of Appeals with
signatures. The admission having been made in a stipulation of reversible error for having sustained the trial court’s award of
facts at pretrial by the parties, it must be treated as a judicial attorney’s fees. Petitioner relies on Radio Communications of the
admission. Under Section 4,11Rule 129 of the Rules of Court, a Philippines v. Rodriguez, 182 SCRA 899, 909 (1990), where we
judicial admission requires no proof. held that when attorney’s fees are awarded, the reason for the
Nor will petitioner’s reliance on the “best evidence award of attorney’s fees must be stated in the text of the court’s
rule”12 advance its cause. Respondent SIHI had no need to present decision. Petitioner submits that since the trial court did not state
the original of the documents as there was already a judicial any reason for awarding the same, the award of attorney’s fees
admission by petitioner at pretrial of the execution of the should have been disallowed by the appellate court.
promissory note and receipt of the demand letter. It is now too We find for petitioner in this regard.
late for petitioner to be questioning their authenticity. Its It is settled that the award of attorney’s fees is the exception
admission of the existence of these documents was sufficient to rather than the rule, hence it is necessary for the trial court to
establish its obligation. Petitioner failed to submit any evidence to make findings of fact and law, which would bring the case within
the exception and justify the grant of the award. 13 Otherwise © Copyright 2018 Central Book Supply, Inc. All rights
stated, given the failure by the trial court to explicitly state the reserved.
rationale for the award of attorney’s fees, the same shall be
disallowed. In the present case, a perusal of the records shows
that the trial court failed to explain the award of attorney’s fees.
We hold that the same should thereby be deleted.
WHEREFORE, the instant petition is PARTLY GRANTED.
The decision dated November 12, 1996 of the Court of Appeals is
AFFIRMED WITH MODIFICATION that the award of attorney’s
fees to private respondent SIHI is hereby deleted. No
pronouncement as to costs.
SO ORDERED.
Bellosillo (Chairman), Mendoza, Buena and De Leon, Jr.,
JJ., concur.
Petition partly granted, judgment affirmed with modification.
_______________
491, 504 (1996).
79
VOL. 353, FEBRUARY 28, 2001 79
SCC Chemicals Corporation vs. Court of Appeals VOL. 434, JULY 20, 2004 543
Note.—The failure of a party to interpose a timely objection to Landbank of the Philippines vs. Banal
the presentation of prosecution’s testimonial evidence results in G.R. No. 143276. July 20, 2004.*
the waiver of any objection to the admissibility thereof. (People LANDBANK OF THE PHILIPPINES, petitioner, vs. SPOUSES
vs. Sanchez, 308 SCRA 264[1999]) VICENTE BANAL and LEONIDAS ARENASBANAL,
respondents.
——o0o—— Agrarian Reform; Just Compensation; Due Process; The
determination of just compensation of the property taken involves
80 the examination of the factors specified in Section 17 of R.A. 6657
—the trial court cannot dispense with the hearing and merely shall apply to all proceedings before the Special Agrarian Courts.
order the parties to submit their respective memoranda.—The RTC In this regard, Section 3, Rule 129 of the Revised Rules on
failed to observe the basic rules of procedure and the fundamental Evidence is explicit on the necessity of a hearing before a court
requirements in determining just compensation for the takes judicial notice of a certain matter, thus: “SEC. 3. Judicial
property. Firstly, it dispensed with the hearing and merely notice, when hearing necessary.—During the
ordered the parties to submit their respective memoranda. Such _______________
action is grossly erroneous since the determination of just
compensation involves the examination of the following factors
*
THIRD DIVISION.
specified in Section 17 of R.A. 6657, as amended: 1. the cost of the 544
acquisition of the land; 2. the current value of like properties; 3. 5 SUPREME COURT REPORTS ANNOTATED
its nature, actual use and income; 4. the sworn valuation by the 44
owner; the tax declarations; 5. the assessment made by Landbank of the Philippines vs. Banal
government assessors; 6. the social and economic benefits trial, the court, on its own initiative, or on request of a party,
contributed by the farmers and the farmworkers and by the may announce its intention to take judicial notice of any matter
government to the property; and 7. the nonpayment of taxes or
and allow the parties to be heard thereon. “After the trial, and
loans secured from any government financing institution on the
before judgment or on appeal, the proper court, on its own
said land, if any. Obviously, these factors involve factual matters initiative or on request of a party, may take judicial notice of any
which can be established only during a hearing wherein the
matter and allow the parties to be heard thereon if such matter is
contending parties present their respective evidence. In fact, to
decisive of a material issue in the case.” (emphasis added)
underscore the intricate nature of determining the valuation of
the land, Section 58 of the same law even authorizes the Special Same; Same; It is error for the trial court to apply the
Agrarian Courts to appoint commissioners for such purpose. formula prescribed in E.O. No. 228 and R.A. No. 3844, as
Same; Same; Judicial Notice; Wellsettled is the rule that amended, in determining the valuation of land planted to coconut
courts are not authorized to take judicial notice of the contents of and rice and in granting compounded interest pursuant to DAR
the records of other cases even when said cases have been tried or Administrative Order No. 13, Series of 1994—it should have
are pending in the same court or before the same judge.—Well applied DAR Administrative Order No. 6, as amended by DAR
settled is the rule that courts are not authorized to take judicial Administrative Order No. 11.—The RTC erred in applying the
notice of the contents of the records of other cases even when said formula prescribed under Executive Order (EO) No. 228 and R.A.
cases have been tried or are pending in the same court or before No. 3844, as amended, in determining the valuation of the
the same judge. They may only do so “in the absence of objection” property; and in granting compounded interest pursuant to DAR
and “with the knowledge of the opposing party,” which are not Administrative Order No. 13, Series of 1994. It must be stressed
obtaining here. Furthermore, as earlier stated, the Rules of Court that EO No. 228 covers private agricultural lands primarily
devoted to rice and corn, while R.A. 3844 governs agricultural PETITION for review on certiorari of a decision of the Court of
leasehold relation between “the person who furnishes the Appeals.
landholding, either as owner, civil law lessee, usufructuary, or
The facts are stated in the opinion of the Court.
legal possessor, and the person who personally cultivates the
same.” Here, the land is planted to coconut and rice and does not Miguel M. Gonzales, Rosemarie M. Ozoteo, Ricarte P.A.
involve agricultural leasehold relation. What the trial court Rey and Norberto L. Martinez for petitioner.
should have applied is the formula in DAR Administrative Order Manuel Ferrer for private respondents.
No. 6, as amended by DAR Administrative Order No. 11 discussed
earlier. SANDOVALGUTIERREZ, J.:
Same; Same; DAR Administrative Order No. 13, Series of
1994 does not apply to lands taken under P.D. No. 27 and E.O. Spouses Vicente and Leonidas Banal, respondents, are the
No. 228 whose owners have not been compensated.—As regards registered owners of 19.3422 hectares of agricultural land
the award of compounded interest, suffice it to state that DAR situated in San Felipe, Basud, Camarines Norte covered by
Administrative Order No. 13, Series of 1994 does not apply to the Transfer Certificate of Title No. T6296. A portion of the land
subject land but to those lands taken under Presidential Decree consisting of 6.2330 hectares (5.4730 of which is planted to
No. 27 and Executive Order No. 228 whose owners have not been coconut and 0.7600 planted to palay) was compulsorily acquired
compensated. In this case, the property is covered by R.A. 6657, by the Department of Agrarian Reform (DAR) pursuant to
as amended, and respondents have been paid the provisional Republic Act (R.A.) No. 6657,1 as amended, otherwise known as
compensation thereof, as stipulated during the pretrial. the Comprehensive Agrarian Reform Law of 1988.
In accordance with the formula prescribed in DAR
Same; Same; While the determination of just compensation
Administrative Order No. 6, Series of 1992, 2 as amended by DAR
involves the exercise of judicial discretion, such discretion must be Administrative Order No. 11, Series of 1994, 3 the Land Bank of
discharged within the bounds of the law.—While the the Philippines4 (Landbank), petitioner, made the following
determination of just compensation involves the exercise of valuation of the property:
judicial discretion, however, such discretion must be discharged _______________
within the bounds of the law. Here, the RTC wantonly
disregarded R.A. 6657, as amended, and its implementing rules Effective June 15, 1988.
1
by DAR Administrative Order No. 11). Voluntarily Offered and Compulsorily Acquired As Provided For
545 Under Administrative Order No. 17, Series of 1989, As Amended,
VOL. 434, JULY 20, 2004 545 Issued Pursuant to Republic Act No. 6657.
Landbank of the Philippines vs. Banal
3
Revising the Rules and Regulations Covering the Valuation subject property is governed by the provisions of R.A. 6657, as
of Lands Voluntarily Offered or Compulsorily Acquired as amended; (2) it was distributed to the farmersbeneficiaries; and
Embodied in Administrative Order No. 6, Series of 1992. (3) the Landbank deposited the provisional compensation based
4
Executive Order No. 405, dated June 14, 1990, vests the on the valuation made by the DAR.5
Land Bank of the Philippines the primary responsibility to On the same day after the pretrial, the court issued an Order
determine the land valuation and compensation for all private dispensing with the hearing and directing the parties to submit
lands covered by R.A. 6657, as amended. See Philippine Veterans their respective memoranda.6
Bank vs. Court of Appeals, G.R. No. 132767, January 18, In its Decision dated February 5, 1999, the trial court
2000, 322 SCRA 139, 145. computed the just compensation for the coconut land at
546 P657,137.00 and for the riceland at P46,000.00, or a total of
P703,137.00, which is beyond respondents’ valuation of
546 SUPREME COURT REPORTS ANNOTATED
P623,000.00. The court further awarded compounded interest at
Landbank of the Philippines vs. Banal
P79,732.00 in cash. The dispositive portion of the Decision reads:
Acquired property Area in hectares Value “WHEREFORE, judgment is hereby rendered as follows:
Coconut land 5.4730 P148,675.19 _______________
Riceland 0.7600 25,243.36
P173,918.55
5
Pretrial Order, Rollo at pp. 7677.
Respondents rejected the above valuation. Thus, pursuant to
6
Rollo at pp. 25, 82.
Section 16(d) of R.A. 6657, as amended, a summary 547
administrative proceeding was conducted before the Provincial VOL. 434, JULY 20, 2004 547
Agrarian Reform Adjudicator (PARAD) to determine the Landbank of the Philippines vs. Banal
valuation of the land. Eventually, the PARAD rendered its
Decision affirming the Landbank’s valuation. 1. 1.Ordering respondent Landbank to pay the petitioners,
Dissatisfied with the Decision of the PARAD, respondents the spouses Dr. Vicente Banal and Leonidas Arenas
filed with the Regional Trial Court (RTC), Branch 40, Daet, Banal, for the 5.4730 hectares of coconut land the sum of
Camarines Norte, designated as a Special Agrarian Court, a SIX HUNDRED FIFTYSEVEN THOUSAND ONE
petition for determination of just compensation, docketed as Civil HUNDRED THIRTYSEVEN PESOS (P657,137.00) in
Case No. 6806. Impleaded as respondents were the DAR and the cash and in bonds in the proportion provided by law;
Landbank. Petitioners therein prayed for a compensation of
P100,000.00 per hectare for both coconut land and riceland, or an 2. 2.Ordering respondent Landbank to pay the petitioners
aggregate amount of P623,000.00. for the .7600 hectares of riceland the sum of FORTYSIX
During the pretrial on September 23, 1998, the parties THOUSAND PESOS (P46,000.00) in cash and in bonds
submitted to the RTC the following admissions of facts: (1) the in the proportion provided by law; and
3. 3.Ordering respondent Landbank to pay the petitioners 9
Entitled “Declaring Full Land Ownership to Qualified
the sum of SEVENTYNINE THOUSAND SEVEN Farmer Beneficiaries Covered by Presidential Decree No. 27,
HUNDRED THIRTYTWO PESOS (P79,732.00) as the Determining the Value of Remaining Unvalued Rice and Corn
compounded interest in cash. Lands Subject of P.D. No. 27, and Providing for the Manner of
Payment by the Farmer Beneficiary and Mode of Compensation
IT IS SO ORDERED.”7 to the Landowner,” dated July 17, 1987.
In determining the valuation of the land, the trial court based the 548
same on the facts established in another case pending before it 548 SUPREME COURT REPORTS ANNOTATED
(Civil Case No. 6679, “Luz Rodriguez vs. DAR, et al.”), using the Landbank of the Philippines vs. Banal
following formula: Forthwith, the Landbank filed with the Court of Appeals a
For the coconut land petition for review, docketed as CAG.R. SP No. 52163.
On March 20, 2000, the Appellate Court rendered a
1. 1.Average Gross Production (AGP) x .70 x 9.70 (price per Decision10 affirming in toto the judgment of the trial court. The
kilo of coconut) = Net Income (NI) Landbank’s motion for reconsideration was likewise denied.11
Hence, this petition for review on certiorari.
2. 2.NI / 6% = Price Per Hectare (PPH) (applying the The fundamental issue for our resolution is whether the Court
capitalization formula under Republic Act No. 38448) of Appeals erred in sustaining the trial court’s valuation of the
land. As earlier mentioned, there was no trial on the merits.
To begin with, under Section 1 of Executive Order No. 405
For the riceland
(1990), the Landbank is charged “primarily” with “the
determination of the land valuation and compensation for all
1. 1.2.5 x AGP x Government Support Price (GSP) = Land private lands suitable for agriculture under the Voluntary Offer
Value (LV) or PPH (using the formula under Executive to Sell or Compulsory Acquisition arrangement . . . ” For its part,
Order No. 2289 the DAR relies on the determination of the land valuation and
compensation by the Landbank.12
2. 2.AGP x 6% compounded annually for 26 years x GSP = Based on the Landbank’s valuation of the land, the DAR
Interest (pursuant to DAR AO No. 13, Series of 1994) makes an offer to the landowner. 13 If the landowner accepts the
offer, the Landbank shall pay him the purchase price of the land
_______________ after he executes and delivers a deed of transfer and surrenders
the certificate of title in favor of the government. 14 In case the
7
RTC Decision at p. 7, Id., at p. 68. landowner rejects the offer or fails to reply thereto, the DAR
8
Code of Agrarian Reforms of the Philippines. adjudicator15 conducts summary administrative proceedings to
determine the compensation for the land by requiring the
landowner, the Landbank and other interested parties to submit x x x.”
evidence as to the just compensation for the land. 16 These A party who disagrees with the decision of the DAR adjudicator
functions by the DAR are in may bring the matter to the RTC designated as a Special
_______________ Agrarian Court17 “for final determination of just compensation.”18
In the proceedings before the RTC, it is mandated to apply the
10
Penned by Associate Justice Rodrigo V. Cosico and Rules of Court19 and, on its own initiative or at the instance of any
concurred by Associate Justices Ramon Mabutas, Jr. and Delilah of the parties, “appoint one or more commissioners to examine,
VidallonMagtolis. investigate and ascertain facts relevant to the dispute, including
11
Resolution dated May 16, 2000, Rollo at p. 60. the valuation of properties, and to file a written report thereof x x
12
Sec. 1, Executive Order No. 405 (1990); Republic vs. Court of x.”20 In determining just compensation, the RTC is required to
Appeals, G.R. No. 122256, October 30, 1996, 263 SCRA consider several factors enumerated in Section 17 of R.A. 6657, as
amended, thus:
758 and Philippine Veterans Bank vs. Court of Appeals, supra.
13
Sec. 16(a) of R.A. 6657, as amended. “Sec. 17. Determination of Just Compensation.—In determining
14
Sec. 16(c), Id. just compensation, the cost of acquisition of the land, the current
value of like properties, its nature, actual use and income, the
15
The Provincial Agrarian Reform Adjudicator (PARAD) and
sworn valuation by the owner, the tax declarations, and the
the Regional Agrarian Reform Adjudicator (RARAD), depending
assessment made by government assessors shall be considered.
on the value of the land within their respective territorial
The social and economic benefits contributed by the farmers and
jurisdiction (Rule II, Sec. 2, DARAB Rules of Procedure).
the farmworkers and by the Government to the property, as well
16
Sec. 16(d) of R.A. 6657, as amended; Philippine Veterans
as the nonpayment of taxes or loans secured from any
Bank vs. Court of Appeals, supra. government financing institution on the said land, shall be
549 considered as additional factors to determine its valuation.”
VOL. 434, JULY 20, 2004 549 These factors have been translated into a basic formula in DAR
Landbank of the Philippines vs. Banal Administrative Order No. 6, Series of 1992, as amended by DAR
accordance with its quasijudicial powers under Section 50 of R.A. Administrative Order No. 11, Series of 1994, issued pursuant to
6657, as amended, which provides: _______________
“SEC. 50. QuasiJudicial Powers of the DAR.—The DAR is hereby
vested with primary jurisdiction to determine and adjudicate
17
Sec. 56, Id.
agrarian reform matters and shall have exclusive original 18
Sec. 16(f), in relation to Sec. 57, Id.
jurisdiction over all matters involving the implementation of 19
Sec. 57, Id.
agrarian reform, except those falling under the exclusive 20
Sec. 58, Id.
jurisdiction of the Department of Agriculture (DA) and the
550
Department of Environment and Natural Resources (DENR).
550 SUPREME COURT REPORTS ANNOTATED 2. 2.the current value of like properties;
Landbank of the Philippines vs. Banal
the DAR’s rulemaking power to carry out the object and purposes 3. 3.its nature, actual use and income;
of R.A. 6657, as amended.21
The formula stated in DAR Administrative Order No. 6, as 4. 4.the sworn valuation by the owner; the tax declarations;
amended, is as follows:
“LV = (CNI x 0.6) + (CS x 0.3) + (MV x 0.1) _______________
LV = Land Value
CNI = Capitalized Net Income
21
“Sec. 49. Rules and Regulations.—The PARC and the DAR
CS = Comparable Sales shall have the power to issue rules and regulations, whether
MV = Market Value per Tax Declaration substantive or procedural, to carry out the object and purposes of
The above formula shall be used if all the three factors are this Act. Said rules shall take effect ten (10) days after
present, relevant and applicable. publication in two (2) national newspapers of general circulation.”
A.1 When the CS factor is not present and CNI and MV are 551
applicable, the formula shall be: VOL. 434, JULY 20, 2004 551
LV = (CNI x 0.9) + (MV x 0.1) Landbank of the Philippines vs. Banal
A.2 When the CNI factor is not present, and CS and MV are
applicable, the formula shall be: 1. 5.the assessment made by government assessors;
LV = (CS x 0.9) + (MV x 0.1)
A.3 When both the CS and CNI are not present and only MV 2. 6.the social and economic benefits contributed by the
is applicable, the formula shall be: farmers and the farmworkers and by the government to
LV = MV x 2” the property; and
Here, the RTC failed to observe the basic rules of procedure and
the fundamental requirements in determining just compensation 3. 7.the nonpayment of taxes or loans secured from any
for the property. Firstly, it dispensed with the hearing and merely government financing institution on the said land, if
ordered the parties to submit their respective memoranda. Such any.
action is grossly erroneous since the determination of just
compensation involves the examination of the following factors
Obviously, these factors involve factual matters which can be
specified in Section 17 of R.A. 6657, as amended:
established only during a hearing wherein the contending parties
present their respective evidence. In fact, to underscore the
1. 1.the cost of the acquisition of the land; intricate nature of determining the valuation of the land, Section
58 of the same law even authorizes the Special Agrarian Courts to “As shown in the Memorandum of Landbank in this case, the
appoint commissioners for such purpose. area of the coconut land taken under CARP is 5.4730 hectares.
Secondly, the RTC, in concluding that the valuation of But as already noted, the average gross production a year of
respondents’ property is P703,137.00, merely took judicial notice 506.96 kilos per hectare fixed by Landbank is too low as
of the average production figures in the Rodriguez case pending compared to the Rodriguez
before it and applied the same to this case without conducting a 552
hearing and worse, without the knowledge or consent of the 552 SUPREME COURT REPORTS ANNOTATED
parties, thus: Landbank of the Philippines vs. Banal
“x x x. In the case x x x of the coconut portion of the land 5.4730 case which was 1,061 kilos when the coconut land in both
hectares, defendants determined the average gross production per cases are in the same town of Basud, Camarines Norte,
year at 506.95 kilos only, but in the very recent case of Luz compelling this court then to adapt 1,061 kilos as the
Rodriguez vs. DAR, et al., filed and decided by this court in average gross production a year of the coconut land in this
Civil Case No. 6679 also for just compensation for coconut lands
case. We have to apply also the price of P9.70 per kilo as this is
and Riceland situated at Basud, Camarines Norte wherein also
the value that Landbank fixed for this case.
the lands in the aboveentitled case are situated, the value fixed
“The net income of the coconut land is equal to 70% of the
therein was 1,061.52 kilos per annum per hectare for gross income. So, the net income of the coconut land is 1,061 x .70
coconut land and the price per kilo is P8.82, but in the x 9.70 equals P7,204.19 per hectare. Applying the capitalization
instant case the price per kilo is P9.70. In the present case, formula of R.A. 3844 to the net income of P7,204.19 divided by
we consider 506.95 kilos average gross production per year per 6%, the legal rate of interest, equals P120,069.00 per hectare.
hectare to be very low considering that farm practice for coconut Therefore, the just compensation for the 5.4730 hectares is
lands is harvest every fortyfive days. We cannot also P657,137.00.
comprehended why in the Rodriguez case and in this case there “The Riceland taken under Presidential Decree No. 27 as of
is a great variance in average production per year when in the October 21, 1972 has an area of .7600 hectare. If in
two cases the lands are both coconut lands and in the same place the Rodriguezcase the Landbank fixed the average gross
of Basud, Camarines Norte. We believe that it is more fair to production of 3000 kilos or 60 cavans of palay per year, then the .
adapt the 1,061.52 kilos per hectare per year as average gross 7600 hectare in this case would be 46 cavans. The value of the
production. In the Rodriguez case, the defendants fixed the riceland therefore in this case is 46 cavans x 2.5 x P400.00 equals
average gross production of palay at 3,000 kilos or 60 cavans per P46,000.00.22
year. The court is also constrainedto apply this yearly palay “PARC Resolution 94241 of 25 October 1994, implemented by
production in the Rodriguez case to the case at bar. DAR AO 13, granted interest on the compensation at 6%
x x x x x x x x x compounded annually. The compounded interest on the 46 cavans
for 26 years is 199.33 cavans. At P400.00 per cavan, the value of and the person who personally cultivates the same.” 29 Here, the
the compounded interest is P79,732.00.”23 (emphasis added) land is planted to coconut and rice and does not involve
Wellsettled is the rule that courts are not authorized to take agricultural leasehold relation. What the trial court should have
judicial notice of the contents of the records of other cases even applied is the formula in DAR Administrative Order No. 6, as
when said cases have been tried or are pending in the same court amended by DAR Administrative Order No. 11 discussed earlier.
or before the same judge.24 They may only do so “in the absence As regards the award of compounded interest, suffice it to
of objection” and “with the knowledge of the opposing state that DAR Administrative Order No. 13, Series of 1994 does
party,”25which are not obtaining here. not apply to the subject land but to those lands taken under
Furthermore, as earlier stated, the Rules of Court shall apply Presidential Decree No. 2730 and Executive Order No. 228 whose
to all proceedings before the Special Agrarian Courts. In this owners have not been compensated. In this case, the property is
regard, Section 3, Rule 129 of the Revised Rules on Evidence is covered by R.A. 6657, as amended, and respondents have been
explicit on the necessity of a hearing before a court takes judicial paid the provisional compensation thereof, as stipulated during
notice of a certain matter, thus: the pretrial.
“SEC. 3. Judicial notice, when hearing necessary.—During the While the determination of just compensation involves the
trial, the court, on its own initiative, or on request of a exercise of judicial discretion, however, such discretion must be
party, may announce its intention to take judicial notice of discharged within the bounds of the law. Here, the RTC wantonly
any matter and allow the parties to be heard thereon. disregarded R.A. 6657, as amended, and its implementing rules
“After the trial, and before judgment or on appeal, the proper and regulations. (DAR Administrative Order No. 6, as amended
court, on its own initiative or on request of a party, may take by DAR Administrative Order No. 11).
judicial notice of any matter and allow the parties to be heard In sum, we find that the Court of Appeals and the RTC erred
thereon if such matter is decisive of a material issue in the case.” in determining the valuation of the subject land. Thus, we deem it
proper to remand this case to the RTC for trial on the merits
(emphasis added)
wherein the parties may present their respective evidence. In
The RTC failed to observe the above provisions.
determining the valuation of the subject property, the trial court
Lastly, the RTC erred in applying the formula prescribed
shall consider the factors provided under Section 17 of R.A. 6657,
under Executive Order (EO) No. 22826 and R.A. No. 3844,27 as
as amended, mentioned earlier. The formula prescribed by the
amended, in determining the valuation of the property; and in
DAR in Administrative Order No. 6, Series of 1992, as amended
granting compounded interest pursuant to DAR Administrative
by DAR Administrative Order No. 11, Series of 1994, shall be
Order No. 13, Series of 1994. 28 It must be stressed that EO No.
used in the valuation of the land. Furthermore, upon its own
228 covers private agricultural lands primarily devoted to rice initiative, or at the instance of any of the parties, the trial court
and corn, while R.A. 3844 governs agricultural leasehold may appoint one or more commissioners to examine, investigate
relation between “the person who furnishes the landholding, and ascertain facts relevant to the dispute.
either as owner, civil law lessee, usufructuary, or legal possessor,
WHEREFORE, the petition is GRANTED. The assailed ——o0o——
Decision of the Court of Appeals dated March 20, 2000 in CAG.R.
SP No. 52163 is REVERSED. Civil Case No. 6806 is REMANDED © Copyright 2018 Central Book Supply, Inc. All rights
to the RTC, Branch 40, Daet, Camarines Norte, for trial on the reserved.
merits with dispatch. The trial judge is directed to observe strictly
the procedures specified above in determining the proper
valuation of the subject property.
_______________
30
Entitled “Decreeing the Emancipation of Tenants from the
Bondage of the Soil Transferring To Them The Ownership of the
Land They Till and Providing the Instruments and Mechanism
Therefor,” dated October 21, 1972.
555 VOL. 292, JULY 16, 1998 551
SO ORDERED. People vs. Kulais
Panganiban (Chairman) and CarpioMorales, JJ.,concur. G.R. Nos. 10090108. July 16, 1998.*
Corona, J., On Leave. THE PEOPLE OF THE PHILIPPINES, plaintiff
Petition granted, assailed decision reversed. appellee, vs. JAILON KULAIS, CARLOS FALCASANTOS @
Notes.—The CARL and E.O. 407 were not intended to take “Commander Falcasantos,” AWALON KAMLON HASSAN @
away property without due process of law nor were they intended “Commander Kamlon,” MAJID SAMSON @ “Commander Bungi,”
to impair the obligation of contracts. (Development Bank of the JUMATIYA AMLANI DE FALCASANTOS, NORMA SAHIDDAN
Philippines vs. Court of Appeals, 262 SCRA 245 [1996]) DE KULAIS, SALVADOR MAMARIL y MENDOZA, HADJIRUL
It would subvert the “original and exclusive” jurisdiction of the PLASIN y ALIH, JAINUDDIN HASSAN y AHMAD, IMAM
RTC for the DAR to vest original jurisdiction in compensation TARUK ALAH y SALIH, JALINA HASSAN DE KAMMING,
cases in administrative officials and make the RTC an appellate FREDDIE MANUEL @ “Ajid” and several JOHN and JANE
court for the review of administrative decisions. What agrarian DOES, accused. JAILON KULAIS, accusedappellant.
adjudicators are empowered to do is only to determine in a Criminal Law; Constitutional Law; Right of
preliminary manner the reasonable compensation to be paid to Confrontation;Judicial Notice; As a general rule, courts should
landowners, leaving to the courts the ultimate power to decide
not take judicial
the question. (Republic vs. Court of Appeals, 263 SCRA
758 [1996]) _______________
*
FIRST DIVISION. Revised Penal Code, the Court found that the victim, an eight
552 yearold boy, was deprived of his liberty when he was restrained
5 SUPREME COURT REPORTS ANNOTATED from going home. The Court justified the conviction by holding
52 that the offense consisted not only in placing a person in an
People vs. Kulais enclosure, but also in detaining or depriving him, in any manner,
notice of the evidence presented in other proceedings, even if of his liberty. Likewise, in People vs. Santos, the Court held that
since the appellant was charged and convicted under Article 267,
these have been tried or are pending in the same court, or have
paragraph 4, it was not the duration of the deprivation of liberty
been heard and are actually pending before the same judge.—
True, as a general rule, courts should not take judicial notice of which was important, but the fact that the victim, a minor, was
the evidence presented in other proceedings, even if these have locked up.
been tried or are pending in the same court, or have been heard Same; Witnesses; Alibi and Denial; Jurisprudence gives
and are actually pending before the same judge. This is especially greater weight to the positive narration of prosecution witnesses
true in criminal cases, where the accused has the constitutional than to the negative testimonies of the defense.—The appellant’s
right to confront and crossexamine the witnesses against him. bare denial is a weak defense that becomes even weaker in the
Same; Kidnapping; The fact that the victims were detained face of the prosecution witnesses’ positive identification of him.
for only three hours does not matter if said victims are public Jurisprudence gives greater weight to the positive narration of
officers.—Victims Virginia San AgustinGara, Monico Saavedra prosecution witnesses
and Calixto Francisco were members of the government 553
monitoring team abducted by appellant’s group. The three VOL. 292, JULY 16, 1998 553
testified to the fact of kidnapping; however, they were not able to People vs. Kulais
identify the appellant. Even so, appellant’s identity as one of the than to the negative testimonies of the defense. Between
kidnappers was sufficiently established by Calunod, Bacarro and positive and categorical testimony which has a ring of truth to it
Perez, who were with Gara, Saavedra and Francisco when the on the one hand, and a bare denial on the other, the former
abduction occurred. That Gara, Saavedra and Francisco were generally prevails. Jessica Calunod, Armando Bacarro and
detained for only three hours does not matter. In People vs. Edilberto Perez testified in a clear, straightforward and frank
Domasian, the victim was similarly held for three hours, and was manner; and their testimonies were compatible on material
released even before his parents received the ransom note. The points. Moreover, no ill motive was attributed to the kidnap
accused therein argued that they could not be held guilty of victims and none was found by this Court.
kidnapping as no enclosure was involved, and that only grave Same; Penalties; Life imprisonment is not synonymous with
coercion was committed, if at all. Convicting appellants of reclusion perpetua.—The trial court erred when it sentenced the
kidnapping or serious illegal detention under Art. 267 (4) of the appellant to six terms of life imprisonment. The penalty for
kidnapping with ransom, under the Revised Penal Code, The Case
is reclusion perpetua to death. Since the crimes happened in 1988, On August 22, 1990, five Informations for kidnapping for ransom
when the capital penalty was proscribed by the Constitution, the (Crim. Case Nos. 10060, 10061, 10062, 10063 and 10064) and
maximum penalty that could have been imposed was reclusion three Informations for kidnapping (Crim. Case Nos. 10065, 10066
perpetua. Life imprisonment is not synonymous with reclusion and 10067), all dated August 14, 1990, were filed 1 before the
Regional Trial Court of Zamboanga City against Carlos
perpetua. Unlike life imprisonment, reclusion perpetua carries
Falcasantos, Jailon Kulais, Jumatiya Amlani, Norma Sahiddan
with it accessory penalties provided in the Revised Penal Code
de Kulais, Jalina Hassan de Kamming,2 Salvador Mamaril,
and has a definite extent or duration. Life imprisonment is
Hadjirul Plasin, Jaimuddin Hassan, Imam3 Taruk Alah, Freddie
invariably imposed for serious offenses penalized by special laws,
Manuel alias “Ajid,” and several John and Jane Does. The
while reclusion perpetua is prescribed in accordance with the Informations for kidnapping for ransom, which set forth identical
Revised Penal Code. allegations save for the names of the victims, read as follows:
“That on or about the 12th day of December, 1988, in the City of
APPEAL from a decision of the Regional Trial Court of Zamboanga, Philippines, and within the jurisdiction of this
Zamboanga City, Br. 12. Honorable Court, the abovenamed accused, being all private
individuals, conspiring and confederating together, mutually
The facts are stated in the opinion of the Court.
aiding and assisting one another, with threats to kill the person of
The Solicitor General for plaintiffappellee. FELIX ROSARIO [in Criminal Case No. 10060] 4 and for the
Public Attorney’s Office for accusedappellant. purpose of extorting ransom from the said Felix Rosario or his
families or employer, did then and there, wilfully, unlawfully and
PANGANIBAN, J.: feloniously, KIDNAP the person of said Felix Rosario, 5 a male
public officer of the City Government of Zamboanga, who was
The trial court’s erroneous taking of judicial notice of a witness’ then aboard a Cimarron vehicle with plate No. SBZ976 which
testimony in another case, also pending before it, does not affect was being ambushed by the herein accused at the highway of
the conviction of the appellant, whose guilt is proven beyond Sitio Tigbao Lisomo, Zamboanga City, and
reasonable doubt by other clear, convincing and overwhelming
evidence, both testimonial and documentary. The Court takes this _______________
occasion also to remind the bench and the bar that reclusion
perpetua is not synonymous with life imprisonment.
1
These Informations were signed by Zamboanga City First
554 Assistant Prosecutor Manuel Tatel and approved by City
Prosecutor Wilfredo M. Yu.
554 SUPREME COURT REPORTS ANNOTATED 2
Referred to as “Jaliha Hussin” in the Decision.
People vs. Kulais 3
Also referred to as “Iman.”
4
Record, p. 1; ALLAN BASA in Crim. Case No. 10061, record, Of the twelve accused, only nine were apprehended, namely,
p. 1; EDILBERTO PEREZ y SALVADOR in Crim. Case No. Jailon Julais, Jumatiya Amlani, Norma Sahiddan de Kulais,
10062, record, p. 1; JESSICA S. CALUNOD in Crim. Case No. Salvador Mamaril, Hadjirul Plasin, Jainuddin Hassan, Imam
10063, record, p. 1; ARMANDO O. BACARRO in Crim. Case No. Taruk Alah, Jalina Hassan and Freddie Manuel.8
10064, record, p. 1. Brackets supplied. On their arraignment on September 13, 1990, all the accused
5
Ibid. pleaded not guilty. Joint trial on the merits ensued. On
555
_______________
VOL. 292, JULY 16, 1998 555
People vs. Kulais 6
Ibid.
brought said Felix Rosario6 to different mountainous places of 7
Record, p. 1; VIRGINIA SAN AGUSTIN GARA, a female
Zamboanga City and Zamboanga del Sur, where he was detained,
public officer, in Crim. Case No. 10066, record, p. 1; CALIXTO
held hostage and deprived of his liberty until February 2, 1989,
FRANCISCO in Crim. Case No. 10067, record, p. 1. Brackets
the day when he was released only after payment of the ransom
supplied.
was made to herein accused, to the damage and prejudice of said 8
See Decision, p. 3. Although the trial court listed the nine
victim; there being present an aggravating circumstance in that
arrested accused, it erroneously wrote that there were only eight
the aforecited offense was committed with the aid of armed men
of them.
or persons who insure or afford impunity.”
556
The three Informations for kidnapping, also under Article 267 of
the Revised Penal Code, likewise alleged identical facts and 556 SUPREME COURT REPORTS ANNOTATED
circumstances, except the names of the victims: People vs. Kulais
“That on or about the 12th day of December, 1988, in the City of April 8, 1991, Judge Pelagio S. Mandi rendered the assailed 36
Zamboanga and within the jurisdiction of this Honorable Court, page Decision, the dispositive portion of which reads:
the abovenamed accused, being all private individuals, “WHEREFORE, above premises and discussion taken into
conspiring and confederating together, mutually aiding and consideration, this Court renders its judgment, ordering and
assisting one another, by means of threats and intimidation of finding:
person, did then and there, wilfully, unlawfully and feloniously
KIDNAP, take and drag away and detain the person of MONICO 1. 1.FREDDIE MANUEL, alias “AJID” and IMAM TARUK
SAAVEDRA Y LIMEN [Criminal Case No. 10065] 7 a male public ALAH y SALIH [n]ot [g]uilty of the eight charges of
officer of the City Government of Zamboanga, against his will, [k]idnapping for [r]ansom and for [k]idnapping, their
there being present an aggravating circumstance in that the guilt not having been proved beyond reasonable doubt.
aforecited offense was committed with the aid of armed men or
persons who insure or afford impunity.”
Their immediate release from the City Jail, Zamboanga City is VOL. 292, JULY 16, 1998 557
ordered, unless detained for some other offense besides these 8 People vs. Kulais
cases (Crim. Cases Nos. 1006010067).
1. 3.JAMATIYA AMLANI DE FALCASANTOS [n]ot [g]uilty
1. 2.JAINUDDIN HASSAN y AHMAD, JAILON KULAIS, in the three charges of [k]idnapping and she is acquitted
SALVADOR MAMARIL y MENDOZA and HADJIRUL of these charges (Crim. Cases Nos. 10065, 10066 and
PLASIN y ALIH [g]uilty as principals by conspiracy in 10067).
all these 8 cases for [k]idnapping for [r]ansom and for
[k]idnapping (Crim. Cases Nos. 1006010067).
But Jumatiya Amlani de Falcasantos is [g]uilty as accomplice in
the five charges of [k]idnapping for [r]ansom.
Their guilt is aggravated in that they committed the 8 offenses WHEREFORE, Jumatiya Amlani de Falcasantos is sentenced
with the aid of armed men who insured impunity. Therefore, the to serve five (5) imprisonments, ranging from TEN (10) YEARS of
penalties imposed on them shall be at their maximum period. prision mayor as minimum to EIGHTEEN (18) YEARS of
WHEREFORE, for the five charges of [k]idnapping for reclusion temporal as maximum (Crim. Cases Nos. 1006010064).
[r]ansom, and pursuant to Art. 267 of the Revised Penal Code,
five life imprisonments are imposed on Jainuddin Hassan y
1. 4.NORMA SAHIDDAN DE KULAIS, 18 years old, and
Ahmad, Jailon Kulais, Salvador Mamaril y Mendoza and Hadjirul
JALIHA HUSSIN (charged as Jalina Hassan de
Plasin y Alih (Crim. Cases Nos. 1006010064).
Kamming), 15 years old, [n]ot [g]uilty in the three
For kidnapping Mrs. Virginia San AgustinGara, a female and
charges for [k]idnapping and are, therefore,
public officer and pursuant to Art. 267, Revised Penal Code (par.
ACQUITTED of these three charges (Crim. Cases Nos.
4), another life imprisonment is imposed on Jainuddin Hassan y
10065, 10066 & 10067).
Ahmad, Jailon Kulais, Salvador Mamaril y Mendoza and Hadjirul
Plasin y Alih (Crim. Case No. 10066).
But Norma Sahiddan de Kulais and Jalina Hussin are found
For kidnapping Monico Saavedra y Limen, and Calixto
[g]uilty as accomplices in the five charges for [k]idnapping for
Francisco y Gaspar, and their kidnapping not having lasted more
[r]ansom. Being minors, they are entitled to the privileged
than five days, pursuant to Art. 268, Revised Penal Code, and the
mitigating circumstance of minority which lowers the penalty
Indeterminate Sentence Law, the same four accused—Jainuddin
imposable on them by one degree.
Hassan y Ahmad, Jailon Kulais, Salvador Mamaril y Mendoza
WHEREFORE, Norma Sahiddan de Kulais and Jalina Hussin
and Hadjirul Plasin y Alih—are sentenced to serve two (2) jail
are sentenced to serve five imprisonments ranging from SIX (6)
terms ranging from ten (10) years of prision mayor as minimum,
YEARS of prision correccional as minimum to TEN (10) YEARS
to eighteen (18) years of reclusion temporal as maximum (Crim.
AND ONE (1) DAY of prision mayor as maximum (Crim. Cases
Cases Nos. 10065 and 10067).
Nos. 1006010064).
557
Due to the removal of the suspension of sentences of youthful Cash P 300.00
offenders “convicted of an offense punishable by death or life” by
Presidential Decree No. 1179 and Presidential Decree No. 1210 To Virginia San AgustinGara
(of which [k]idnapping for [r]ansom is such an offense) the
One (1) Wrist Watch P 850.00
sentences on Norma Sahiddan de Kulais and Jaliha Hussin de
The benefit of Art. 29, Revised Penal Code, on preventive
Kamming are NOT suspended but must be served by them.
suspension, shall be extended to those sentenced.
Januddin Hassan, Jailon Kulais, Salvador Mamaril and Hadjirul
The cases against Majid Samson, alias “Commander Bungi”
Plasin are sentenced further to return the following
Awalon Kamlon a.k.a. “Commander Kamlon” Carlos Falcasantos
personaleffects taken on December 12, 1988, the day of the
and several “John Does” and Jane “Does” are ARCHIVED until
kidnapping, ortheir value in money, their liability being solidary.
their arrest.
To Jessica Calunod: Costs against the accused convicted.
SO ORDERED.”9
One (1) Seiko wrist watch P 250.00 On May 7, 1991, Jailon Kulais, Jumatiya Amlani de Falcasantos,
One Bracelet P 2,400.00 Norma Sahiddan de Kulais and Jaliha Hussin filed their joint
One Shoulder Bag P 200.00 Notice of Appeal.10 In a letter dated February 6, 1997, the same
Cash P 200.00 appellants, except Jailon Kulais, withdrew their appeal because
558 of their application for “amnesty.” In our March 19, 1997
558 SUPREME COURT REPORTS ANNOTATED Resolution, we granted their motion. Hence, only the appeal of
Kulais remains for the consideration of this Court.11
People vs. Kulais
To Armando C. Bacarro: _______________
One (1) wrist watch P 800.00 9
Decision, pp. 3336; rollo, pp. 5255.
One Necklace P 300.00
10
Through Atty. Catherine P.C. Fabian of the Public
One Calculator P 295.00 Attorney’s Office, who represented them during the trial.
Eyeglasses P 500.00
11
The case was deemed submitted for resolution on February
21, 1997, when the Court received a letter from the Bureau of
One Steel Tape P 250.00
Cor
559
To Edilberto S. Perez VOL. 292, JULY 16, 1998 559
People vs. Kulais
One (1) Rayban P1,000.00
One Wrist Watch P1,800.00
The Facts The wives of the kidnappers performed the basic chores like
The Version of the Prosecution cooking. (pp. 910, TSN, ibid.)
The solicitor general summarized, in this wise, the facts as Commander Falcasantos also ordered their victims to sign the
viewed by the People: ransom notes which demanded a ransom of P100,000.00 and
“On December 12, 1988, a group of public officials from various
government agencies, organized themselves as a monitoring team _______________
to inspect government projects in Zamboanga City. The group was
composed of Virginia Gara, as the head of the team; Armando rections confirming the confinement of Appellant Jailon
Bacarro, representing the Commission on Audit; Felix del Kulais at the NBP.
Rosario, representing the nongovernment; Edilberto Perez, 560
representing the City Assessor’s Office; Jessica Calunod and 560 SUPREME COURT REPORTS ANNOTATED
Allan Basa of the City Budget Office and Monico Saavedra, the People vs. Kulais
driver from the City Engineer’s Office. (p. 3, TSN, October 22, P14,000.00 in exchange for twenty (20) sets of uniform. (p. 15,
1990.) TSN, ibid.)
On that particular day, the group headed to the Lincomo On February 3, 1989, at around 12:00 o’clock noontime, the
Elementary School to check on two of its classrooms. After victims were informed that they would be released. They started
inspecting the same, they proceeded to the Talaga Footbridge. walking until around 7:00 o’clock in the evening of that day. At
The group was not able to reach the place because on their way, around 12:00 o’clock midnight, the victims were released after
they were stopped by nine (9) armed men who pointed their guns Commander Falcasantos and Kamlon received the ransom
at them. (p. 4, TSN, ibid.) money. (p. 19, TSN, ibid.) The total amount paid was
The group alighted from their Cimarron jeep where they were P122,000.00. The same was reached after several negotiations
divested of their personal belongings. They were then ordered to between Mayor Vitaliano Agan of Zamboanga City and the
walk to the mountain by the leader of the armed men who representatives of the kidnappers. (pp. 2, 6, TSN, Nov. 11, 1990)
introduced himself as Commander Falcasantos. (p. 5, TSN, ibid.) x x x.”12
While the group was walking in the mountain, they The prosecution presented fifteen witnesses, including some of
encountered government troops which caused their group to be the kidnap victims themselves: Jessica Calunod, Armando
divided. Finally, they were able to regroup themselves. Bacarro, Edilberto Perez, Virginia San AgustinGara, Calixto
Commander Kamlon with his men joined the others. (pp. 78, Francisco, and Monico Saavedra.
TSN, ibid.) The Version of the Defense
The kidnappers held their captives for fiftyfour (54) days in The facts of the case, according to the defense, are as follows: 13
the forest. During their captivity, the victims were able to “On May 28, 1990, at about 10:00 o’clock in the morning, while
recognize their captors who were at all times armed with guns. weeding their farm in Sinaburan, Zamboanga del Sur, accused
appellant Jumatiya Amlani was picked up by soldiers and Likewise a kidnap victim herself is accusedappellant Jaliha
brought to a place where one army battalion was stationed. Hussin, who was thirteen years old at the time (she was fifteen
Thereat, her five (5) coaccused, namely Salvador Mamaril, years old when the trial of the instant cases commenced). She was
Hadjirul Plasin, Jainuddin Hassin, Imam Taruk Alah and kidnapped by Daing Kamming and brought to the mountains
Freddie Manuel were already detained. In the afternoon of the where he slept with her. She stayed with him for less than a
same day, appellants spouses Jailon Kulais and Norma Sahiddan month sleeping on forest ground and otherwise performing
were brought to the battalion station and likewise detained housekeeping errands for Kamming and his men. She made good
thereat. On May 30, 1990, the eight (8) accused were transported her escape during an encounter between the group of Kamming
to Metrodiscom, Zamboanga City. Here on the same date, they and military troops. She hid in the bushes and came out at Ligui
were joined by accusedappellant Jaliha Hussin. an where she took a “bachelor” bus in going back to her mother’s
house at Pudos, Guiligan, Tungawan, Zamboanga del Sur. One
_______________ day, at around 2:00 o’clock in the afternoon, while she was
harvesting palay at the neighboring village of Tigbalangao,
Appellee’s Brief, pp. 810; rollo, pp. 149h149j.
12
military men picked her up to Ticbanuang where there was an
Appellant’s Brief, prepared by the Public Attorney’s Office
13
army battalion detachment. From Ticbawuang, she was brought
and signed by Public Attorney III Bartolome P. Reus and Public to Vitali, then to Metrodiscom, Zamboanga City, where on her
Attorney II Rector E. Macapagal, pp. 811; rollo, pp. 9295. arrival, she met all the other accused for the first time except
561 Freddie Manuel. (Ibid., pp. 1621)
VOL. 292, JULY 16, 1998 561 Another female accused is appellant Norma Sahiddan, a
People vs. Kulais native of Sinaburan, Tungawan, Zamboanga del Sur. At about
At the time Amlani was picked up by the military, she had just 3:00 o’clock in the afternoon of a day in May, while she and her
escaped from the captivity of Carlos Falcasantos and company husband were in their farm, soldiers arrested them. The soldiers
who in 1988 kidnapped and brought her to the mountains. did not tell them why they were being arrested, neither were they
Against their will, she stayed with Falcasantos and his two wives shown any papers. The two of them were just made to board a six
for two months, during which she slept with Falcasantos as aide by six truck. There were no other civilians in the truck. The truck
of the wives and was made to cook food, wash clothes, fetch water brought the spouses to the army battalion and placed them inside
and run other errands for everybody. An armed guard was the building where there were civilians and soldiers. Among the
assigned to watch her, so that, for sometime, she had to bear the civilians present were her six coaccused Hadjirul Plasin,
illtreatment of Falcasantos’ other wives one of whom was armed. Salvador Mamaril, Jaimuddin Hassan, Ima[m] Taruk Alah,
After about two months, while she was cooking and Falcasantos Freddie Manuel and Jumatiya Amlani. That night, the eight of
and his two wives were bathing in the river, and while her guard them were brought to Tictapul,
was not looking, she took her chance and made a successful dash 562
for freedom. (TSN, January 29, 1992, pp. 215) 562 SUPREME COURT REPORTS ANNOTATED
People vs. Kulais accused were keeping the five or six hostages named by
Zamboanga City; then to Vitali; and, finally, to the Metrodiscom, [p]rosecution evidence.
Zamboanga City where they stayed for six days and six nights. The seven accused positively identified to have been present
On the seventh day, the accused were brought to the City Jail, during the course of the captivity of the five kidnapvictims
Zamboanga City. (TSN, January 30, 1991, pp. 611) complainants are: (1) Jumatiya Amlani; (2) Jaliha Hussin; (3)
The husband of Norma Sahiddan is Jailon Kulais who, as 563
heretofore narrated, was arrested with his wife the day the VOL. 292, JULY 16, 1998 563
soldiers came to their farm on May 28, 1990. He has shared with People vs. Kulais
his wife the ordeals that followed in the wake of their arrest and Norma Sahiddan; (4) Jailon Kulais; (5) Hadjirul Plasin; (6)
in the duration of their confinement up to the present. (TSN, Salvador Mamaril and (7) Jainuddin Hassan.
January 22, 1991, pp. 24) The two accused not positively identified are: Freddie Manuel
The Trial Court’s Ruling alias “Ajid,” and Imam Taruk Alah. These two must, therefore, be
The trial court found Appellant Kulais guilty of five counts of declared acquitted based on reasonable doubt.
kidnapping for ransom and one count of kidnapping a woman and The next important issue to be examined is: Are these seven
public officer, for which offenses it imposed upon him six terms of accused guilty as conspirators as charged in the eight
“life imprisonment.” It also found him guilty of two counts of Informations; or only as accomplices? Prosecution evidence shows
slight illegal detention for the kidnapping of Monico Saavedra that the kidnapping group to which the seven accused belonged
and Calixto Francisco. The trial court ratiocinated as follows: had formed themselves into an armed band for the purpose of
“Principally, the issue here is one of credibility—both of the kidnapping for ransom. This armed band had cut themselves off
witnesses and their version of what had happened on December from established communities, lived in the mountains and forests,
12, 1988, to February 3, 1989. On this pivotal issue, the Court moved from place to place in order to hide their hostages. The
gives credence to [p]rosecution witnesses and their testimonies. wives of these armed band moved along with their husbands,
Prosecution evidence is positive, clear and convincing. No taint of attending to their needs, giving them material and moral support.
evil or dishonest motive was imputed or imputable to These wives also attended to the needs of the kidnap victims,
[p]rosecution witnesses. To this Court, who saw all the witnesses sleeping with them or comforting them.
testify, [p]rosecution witnesses testified only because they were x x x x x x x x x
impelled by [a] sense of justice, of duty and of truth. II) The guilt of Jainuddin Hassan, Jailon Kulais, Salvador
Contrarily, [d]efense evidence is weak, uncorroborated and Mamaril and Hadjirul Plasin. The Court holds these four men
consisted only of alibis. The individual testimonies of the nine guilty as conspirators in the 8 cases of kidnapping. Unlike the
accused dwel[t] principally on what happened to each of them on three womenaccused, these male accused were armed. They
May 27, 28 and 29, 1990. None of the accused explained where he actively participated in keeping their hostages by fighting off the
or she was on and from December 12, 1988, to February 3, 1989, military and CAFGUS, in transferring their hostages from place
when [p]rosecution evidence show[ed] positively seven of the nine
to place, and in guarding the kidnap hostages. Salvador Mamaril individual whose evil will actively contribute to the
and Jailon Kulais were positively identified as among the nine wrongdoing is in law responsible for the whole, the same
armed men who had kidnapped the eight kidnap victims on as though performed by himself alone. (People vs.
December 12, 1988. Peralta, et al., 25 SCRA 759, 772 [1968].)14
The higher degree of participation found by the Court of the
four accused is supported by the rulings of our Supreme Court The Assigned Errors
quoted below. The trial court is faulted with the following errors, viz.:
1. (1)The timehonored jurisprudence is that direct proof is I
not essential to prove conspiracy. It may be shown by a
number of infinite acts, conditions and circumstances “The trial court erred in taking judicial notice of a material
which may vary according to the purposes to be testimony given in another case by Lt. Melquiades Feliciano, who
accomplished and from which may logically be inferred allegedly was the team leader of the government troops which
that there was a common design, understanding or allegedly captured the accusedappellants in an encounter;
agreement among the conspirators to commit the offense thereby, depriving the accusedappellants their right to cross
charged. (People vs. Cabrera, 43 Phil. 64; People vs. examine him.
Carbonel, 48 Phil. 868.)
II
2. (2)The crime must, therefore, in view of the solidarity of
the act and intent which existed between the sixteen On the assumption that Lt. Feliciano’s testimony could be
accused, be regarded as the act of the band or party validly taken judicial notice of, the trial court, nevertheless, erred
created by them, and they are all equally responsible for in not disregarding the same for being highly improbable and
the murder in question. (U.S. vs. Bundal, et al., 3 Phil. contradictory.
89, 98.)
III
564
The trial court erred in finding that accusedappellants
564 SUPREME COURT REPORTS ANNOTATED
Jumatiya Amlani, Jaliha Hussin and Norma Sahiddan provided
People vs. Kulais
Carlos Falcasantos, et al., with material and moral comfort,
hence, are guilty as accomplices in all the kidnapping for ransom
1. (3)When two or more persons unite to accomplish a cases.
criminal object, whether through the physical volition of
one, or all, proceeding severally or collectively, each IV
The trial court erred in denying to accusedappellant Jaliha True, as a general rule, courts should not take judicial notice
Hussin and Norma Sahiddan the benefits of suspension of of the evidence presented in other proceedings, even if these have
sentence given to youth offenders considering that they were been tried or are pending in the same court, or have been heard
minors at the time of the commission of the offense.”15 and are actually pending before the same judge. 18 This is
especially true in criminal cases, where the accused has the
_______________ constitutional right to confront and crossexamine the witnesses
against him.
Decision, pp. 2933.
14
Appellant’s Brief, pp. 12; rollo, pp. 8586.
15
_______________
565
VOL. 292, JULY 16, 1998 565
16
Appellant’s Brief, p. 11; rollo, p. 95.
People vs. Kulais
17
Ibid., p. 12; rollo, p. 96.
As earlier noted, Jumatiya Amlani, Jaliha Hussin and Norma 18
Tabuena vs. Court of Appeals, 196 SCRA 650, May 6, 1991.
Sahiddan had withdrawn their appeal, and as such, the third and See also Occidental Land Transportation Co., Inc. vs. Court of
fourth assigned errors, which pertain to them only, will no longer Appeals, 220 SCRA 167, March 19, 1993.
be dealt with. Only the following issues pertaining to Appellant 566
Jailon Kulais will be discussed: (1) judicial notice of other pending
566 SUPREME COURT REPORTS ANNOTATED
cases, (2) sufficiency of the prosecution evidence, and (3) denial as
People vs. Kulais
a defense. In addition, the Court will pass upon the propriety of
the penalty imposed by the trial court. Having said that, we note, however, that even if the court a
The Court’s Ruling quo did take judicial notice of the testimony of Lieutenant
The appeal is bereft of merit. Feliciano, it did not use such testimony in deciding the cases
First Issue: against the appellant. Hence, Appellant Kulais was not denied
Judicial Notice and Denial of Due Process due process. His conviction was based mainly on the positive
identification made by some of the kidnap victims, namely,
Appellant Kulais argues that he was denied due process when the
Jessica Calunod, Armando Bacarro and Edilberto Perez. These
trial court took judicial notice of the testimony given in another
witnesses were subjected to meticulous crossexaminations
case by one Lt. Melquiades Feliciano, who was the team leader of
conducted by appellant’s counsel. At best, then, the trial court’s
the government troops that captured him and his purported
mention of Lieutenant Feliciano’s testimony is a decisional
cohorts.16 Because he was allegedly deprived of his right to cross
surplusage which neither affected the outcome of the case nor
examine a material witness in the person of Lieutenant Feliciano,
substantially prejudiced Appellant Kulais.
he contends that the latter’s testimony should not be used against
him.17
Second Issue: x x x x x x x x x
Sufficiency of Prosecution Evidence Q Now, you said that you were with these men for fiftyfour days and
Appellant was positively identified by Calunod, as shown by the you really came to know them. Will you still be able to recognize
latter’s testimony: these persons if you will see the[m] again?
“CP CAJAYON D MS: A Yes, ma’am.
Q And how long were you in the custody of these persons? Q Now will you look around this Honorable Court and see if any of
A We stayed with them for fiftyfour days. those you mentioned are here?
Q And during those days did you come to know any of the persons who were A Yes, they are here.
with the group? Q Some of them are here?
A We came to know almost all of them considering we stayed there for fifty A Some of them are here.
four days. x x x x x x x x x
Q And can you please name to us some of them or how you know them? Q Where is Tangkong? What is he wearing?
A For example, aside from Commander Falcasantos and Commander Kamlon A White tshirt with orange collar. (witness pointing.) He was one of
we came to know first our foster parents, those who were assigned to give us those nine armed men who took us from the highway.
some food. RTC INTERPRETER:
Q You mean to say that the captors assigned you some men who will take care Witness pointed to a man sitting in court and when asked of his
of you? name, he gave his name as JAILON KULAIS.
A Yes. CP CAJAYON D MS:
Q And to whom were you assigned? Q Aside from being with the armed men who stopped the vehicle and
A To Ila Abdurasa. made you alight, what else was he doing while you were in their
567 captivity?
VOL. 292, 567
A He was the foster parent of Armando Bacarro and the husband of
JULY 16,
Nana.
1998
COURT:
People vs. Kulais Q Who?
Q And other than your foster [parents] or the parents whom you are A Tangkong.
assigned to, who else did you come to know? x x x x x x x x x”19
A Pagal and his wife; Tangkong and his wife Nana; the two (2) wives
of Commander Falcasantos—Mating and Janira—another brother _______________
inlaw of Commander Kamlon, Usman, the wife of Kamlon, Tira.
19
TSN, October 22, 1990, pp. 811. Italics supplied. Mamaril was one of those who stopped the bus and took you to the hill and
568 you did not mention Tangkong?
568 SUPREME COURT REPORTS ANNOTATED A I did not mention but I can remember his face.
People vs. Kulais x x x x x x x x x
Likewise clear and straightforward was Bacarro’s testimony Q And because Tangkong was always with you as your host even if he did not
pointing to appellant as one of the culprits:
tell you that he [was] one of those who stopped you, you would not
“FISCAL CAJAYON:
recognize him?
x x x x x x x x x 569
Q And what happened then? VOL. 292, JULY 16, 569
A Some of the armed men assigned who will be the host or who will be the one 1998
[to] g[i]ve food to us. People vs. Kulais
Q [To] whom were you assigned? A No, I can recognize him because he was the one who
A I was assigned to a certain Tangkong and [his] wife Nana. took my shoes.
x x x x x x x x x COURT:
Q Now, you said you were assigned to Tangkong and his wife. [D]o you Q Who?
remember how he looks like? A Tangkong, your Honor.
A Yes. x x x x x x x x x”20
Q Now, will you please look around this Court and tell us if that said Tangkong Also straightforward was Ernesto Perez’ candid narration:
and his wife are here? “FISCAL CAJAYON:
A Yes, ma’am. x x x x x x x x x
Q Could you please point this Tangkong to us? Q Who else?
A Witness pointed to a person in Court. [W]hen asked his name he identified A The last man.
[himself] as Jailon Kulais. Q Did you come to know his name?
Q Why did you say his name is Tangkong? Where did you get that name? A Only his nickname, Tangkong. (Witness pointed to a man in Court who
A Well, that is the name [by which he is] usually called in the camp. identified himself as Jailon Kulais.)
x x x x x x x x x Q And what was Tangkong doing in the mountain?
ATTY. FABIAN (counsel for accused Kulais) A The same, guarding us.
Q When did you first meet Tangkong? CROSSEXAMINATION BY ATTY. SAHAK
A That was on December 11, because I remember he was the one who took us. Q Engr. Perez, you stated that you were ambushed by nine armed men on your
Q When you were questioned by the fiscal a while ago, you stated that Mr. way from [the] Licomo to [the] Talaga Foot Bridge. [W]hat do you mean by
ambushed? A He was one of the armed men who kidnapped us.
A I mean that they blocked our way and stopped. x x x x x x x x x”21
Q They did not fire any shots? It is evident from the foregoing testimonies of Calunod, Bacarro
A But they were pointing their guns at us. and Perez that kidnapping or detention did take place: the five
Q And among the 9 armed men who held you on your way to [the] Talaga victims were held, against their will, for fiftythree days from
December 12, 1988 to February 2, 1989. It is also evident that
Footbridge, you stated [that] one of them [was] Commander Falcasantos?
Appellant Kulais was a member of the group of armed men who
A Yes.
staged the kidnapping, and that he was one of those who guarded
Q Could you also recognize anyone of the accused in that group? the victims during the entire period of their captivity. His
A Yes. participation gives credence to the conclusion of the trial court
Q Will you please identify? that he was a conspirator.
A That one, Tangkong. (The witness pointed to a man sitting in court who Kidnapping for Ransom
identified himself as Jailon Kulais.) That the kidnapping of the five was committed for the purpose of
extorting ransom is also apparent from the testimony of Calunod,
_______________ who was quite emphatic in identifying the accused and narrating
the circumstances surrounding the writing of the ransom letters.
TSN, October 23, 1990, pp. 9 and 25. Italics supplied.
20
570 _______________
570 SUPREME COURT REPORTS ANNOTATED
People vs. Kulais TSN, October 24, 1990, pp. 1823. Italics supplied.
21
571
x x x x x x x x x
VOL. 292, 571
CROSSEXAMINATION BY ATTY. FABIAN
JULY 16,
Q You said Jailon Kulais was among those who guarded the camp?
1998
FISCAL CAJAYON:
People vs. Kulais
Your Honor, please, he does not know the name of Julais, he used the word
Tangkong. “CP CAJAYON D MS:
ATTY. FABIAN Q Now, you were in their captivity for 54 days and you said there
Q You said Tangkong guarded you [.W]hat do you mean? were these meetings for possible negotiation with the City
A He guarded us like prisoners[. A]fter guarding us they have their time two Government. What do you mean by this? What were you supposed
hours another will be on duty guarding us. to negotiate?
Q Where did you meet Tangkong? A Because they told us that they will be releasing us only after the
terms.22 572
Q And what were the terms? Did you come to know the terms? 572 SUPREME COURT REPORTS ANNOTATED
A I came to know the terms because I was the one ordered by People vs. Kulais
Commander Falcasantos to write the letter, the ransom letter. Q There is a printed name here[,] Jessica Calunod.
Q At this point of time, you remember how many letters were you A And over it is a signature.
asked to write for your ransom? Q That is your signature?
A I could not remember as to how many, but I can identify them. A Yes, ma’am.
Q Why will you able to identify the same? Q How about in the other letter, did you sign it also?
A Because I was the one who wrote it. A Yes, there is the other signature.
Q And you are familiar, of course, with your penmanship? Q There are names—other names here—Eddie Perez, Allan Basa, Armando
A Yes. Bacarro, Felix Rosario, Jojie Ortuoste and there are signatures above the
Q Now we have here some letters which were turned over to us by same. Did you come up to know who signed this one?
the Honorable City Mayor Vitaliano Agan. 1, 2, 3, 4, 5—there are A Those whose signatures there were signed by the persons. [sic]
five letters all handwritten. Q And we have here at the bottom, Commander Kamlon Hassan, and there is
COURT: the signature above the same. Did you come to know who signed it?
Original? A [It was] Commander Kamlon Hassan who signed that.
CP CAJAYON D MS: x x x x x x x x x
Original, your Honor. Q Jessica, I am going over this letter . . . Could you please read to us the
Q And we would like you to go over these and say, tell us if any of portion here which says the terms? . . .
these were the ones you were asked to write. A (Witness reading) “Mao ilang gusto nga andamun na ninyo ang kantidad
A (Witness going over [letters]) nga P100,000 ug P14,000 baylo sa 20 sets nga uniforms sa Biyernes
This one—2 pages. This one—2 pages. No more. (Pebrero 3, 1989).”23
Q Aside from the fact that you identified your penmanship in these x x x x x x x x x
letters, what else will make you remember that these are really the INTERPRETER (Translation):
ones you wrote while there? “This is what they like you to prepare[:] the amount of P100,000.00 and
A The signature is there. P14,000.00 in exchange [for] 20 sets of uniform on Friday, February 3,
1989.
_______________ x x x x x x x x x
Q Now you also earlier identified this other letter and this is dated January
22
TSN, October 22, 1990, p. 13. Italics supplied.
21, 1988.24 Now, could you please ex
_______________ INTERPRETER:
“They like the P100,000.00 and an addition of 20 sets of complete
23
This letter, dated January 31, 1989 and consisting of two
uniform (7 colors, marinetype not including the shoes), one half
pages, was marked Exhs. “A” and “A1”; Jessica Calunod’s
medium, one half large.”
signature thereon was marked Exh. “A2.” This quoted portion
was marked Exh. “A3.” x x x x x x x x x
24
This letter, dated January 21, 1989, was marked Exh. “B”; Q After having written these letters, did you come to know after [they
the second page thereof, Exh. “B1,” and Jessica Calunod’s were] signed by your companions and all of you, do you know if
signature, Exh. “B2.” these letters were sent? If you know only.
573 A I would like to make it clear. The first letter was ordered to me by
VOL. 573 Falcasantos to inform the City Mayor that initial as P500,000.00,
292, and when we were already—I was asked again to write, we were
JULY 16, ordered to affix our signature to serve as proof that all of us are
1998 alive.”26 [sic]
People vs. Kulais
plain to us why it is dated January 21, 1988 and the other one Enero _______________
31, 1989 or January 31, 1989?
This portion was marked Exh. “B3.”
25
A I did not realize that I placed 1989, 1988, but it was 1989.
TSN, October 22, 1990, p. 13.
26
Q January 21, 1989? 574
A Yes. 574 SUPREME COURT REPORTS ANNOTATED
x x x x x x x x x People vs. Kulais
Q Now, in this letter, were the terms also mentioned? Calunod’s testimony was substantially corroborated by both
Please go over this. Armando Bacarro27 and Edilberto Perez.28 The receipt of the
A (Going over the letter) ransom letters, the efforts made to raise and deliver the ransom,
Yes, ma’am. and the release of the hostages upon payment of the money were
Q Could you please read it aloud to us? testified to by Zamboanga City Mayor Vitaliano Agan 29 and Teddy
A (Witness reading) Mejia.30
The elements of kidnapping for ransom, as embodied in Article
“Gusto nila ang P100,000.00 ng kapinan nu ug 20 sets nga
267 of the Revised Penal Code,31 having been sufficiently
completong uniformer (7 colors marine type wala nay labot ang
sapatos), tunga medium ug tunga large size.”25 _______________
x x x x x x x x x
27
TSN, October 23, 1990, pp. 1011. During his testimony, 575
Bacarro confirmed that Jessica Calunod and Engineer Perez were VOL. 292, JULY 16, 1998 575
made to write ransom letters, and that he, along with the other People vs. Kulais
hostages, was made to sign the letters. He also identified another proven, and the appellant, a private individual, having been
letter, marked as Exh. “D,” dated January 15, 1988 and addressed clearly identified by the kidnap victims, this Court thus affirms
to Mayor Vitaliano Agan. Written in response to the mayor’s the trial court’s finding of appellant’s guilt on five counts of
request to reduce the ransom money from P500,000 to P350,000, kidnapping for ransom.
this letter stated that Commander Falcasantos did not want to
Kidnapping of Public Officers
reduce the aforesaid amount, but he agreed to the reduced
Victims Virginia San AgustinGara, Monico Saavedra and Calixto
amount of P450,000, as he took pity on the plight of the hostages.
Francisco were members of the government monitoring team
28
TSN, October 24, 1990, pp. 1315. Perez stated that he also
abducted by appellant’s group. The three testified to the fact of
wrote a ransom letter and identified the same; he also confirmed
kidnapping; however, they were not able to identify the appellant.
that Jessica Calunod likewise wrote ransom notes, and that he
Even so, appellant’s identity as one of the kidnappers was
and all the other hostages were asked to sign them.
sufficiently established by Calunod, Bacarro and Perez, who were
29
TSN, December 11, 1990. Mayor Agan testified that he
with Gara, Saavedra and Francisco when the abduction occurred.
received ransom letters; that he facilitated their delivery to the
That Gara, Saavedra and Francisco were detained for only
kidnappers; and that upon payment of the ransom money, the
three hours32 does not matter. In People vs. Domasian,33 the
kidnap victims were released.
victim was similarly held for three hours, and was released even
30
TSN, November 7, 1990, pp. 27. Mr. Mejia testified that he
before his parents received the ransom note. The accused therein
was one of those who delivered the money to the kidnappers and
argued that they could not be held guilty of kidnapping as no
witnessed the release of the victims.
enclosure was involved, and that only grave coercion was
31
“Art. 267. Kidnapping and serious illegal detention. Any
committed, if at all.34 Convicting appellants of kidnapping or
private individual who shall detain or kidnap another, or in any
serious illegal detention under Art. 267 (4) of the Revised Penal
other manner, deprive him of his liberty, shall suffer the penalty
Code, the Court found that the victim, an
of reclusion perpetua to death:
_______________
1. 1.If the kidnapping or detention shall have lasted more
than five days. 1. 3.If any serious physical injuries shall have been inflicted
upon the person kidnapped or detained; or if threats to
2. 2.If it shall have been committed simulating public kill him shall have been made.
authority.
2. 4.If the person kidnapped or detained shall be a minor,
36
GR No. 117873, December 22, 1997. Citing Ramon C.
female or public officer. Aquino, The Revised Penal Code, 1988 ed., Vol. III, pp. 12, the
Court said that the Spanish version of Art. 267 of the Revised
The penalty shall be death where the kidnapping or detention Penal Code uses the terms “lockup” (encerrar) rather than
was committed for the purpose of extorting ransom from the “kidnap” (sequestar or raptar). “Lockup” is included in the broader
victim or any other person, even if none of the circumstances term “detention,” which refers not only to the placing of a person
abovementioned were present in the commission of the offense.” in an enclosure which he cannot leave, but also to any other
(This definition has been amended by Section 8, RA No. 7659, deprivation of liberty.
effective December 31, 1993. The crimes happened in 1988.) 37
Art. 203, Revised Penal Code, provides:
32
TSN, November 6, 1990, p. 9. “Art. 203. Who are public officers. For the purpose of applying the
33
219 SCRA 245, March 1, 1993. provisions of this and the preceding titles of this book, any person
34
Ibid., p. 250. who, by direct provision of law, popular election or appointment
576 by competent authority, shall take part in the performance of
576 SUPREME COURT REPORTS ANNOTATED public functions in the Government of the Philippine Islands, or
People vs. Kulais shall perform in said Government or in any of its branches public
eightyearold boy, was deprived of his liberty when he was duties as an employee, agent or subordinate official, of any rank
restrained from going home. The Court justified the conviction by or class, shall be deemed to be a public officer.”
holding that the offense consisted not only in placing a person in In defining “public officers,” former Chief Justice Ramon C.
an enclosure, but also in detaining or depriving him, in any Aquino cited Maniego vs. People, in which the Court held: “The
manner, of his liberty.35 Likewise, in People vs. Santos,36 the Court definition of public officer in Art. 203 is quite comprehensive,
held that since the appellant was charged and convicted under embracing as it does every public servant from the lowest to the
highest. It obliterates the distinction between officer and
Article 267, paragraph 4, it was not the duration of the
employee in the law of public officers, it does not distinguish
deprivation of liberty which was important, but the fact that the
between permanent and temporary employees x x x.” He likewise
victim, a minor, was locked up. presented a list of persons held to be public officers in various
Thus, in the present case, the detention of Gara, Saavedra and
cases, e.g. a customs secret service agent, a public
Francisco for only a few hours is immaterial. The clear fact is that
577
the victims were public officers37—Gara was a
VOL. 292, JULY 16, 1998 577
_______________ People vs. Kulais
fiscal analyst for the City of Zamboanga, Saavedra worked at the
35
Ibid., p. 253. City Engineer’s Office, and Francisco was a barangay councilman
at the time the kidnapping occurred. Appellant Kulais should be
punished, therefore, under Article 267, paragraph 4 of the 578 SUPREME COURT REPORTS ANNOTATED
Revised Penal Code, and not Art. 268, as the trial court held. People vs. Kulais
The present case is different from People vs. Astorga,38which negative testimonies of the defense.39 Between positive and
held that the crime committed was not kidnapping under Article categorical testimony which has a ring of truth to it on the one
267, paragraph 4, but only grave coercion. The appellant in that hand, and a bare denial on the other, the former generally
case had tricked his sevenyearold victim into going with him to prevails.40 Jessica Calunod, Armando Bacarro and Edilberto
a place he alone knew. His plans, however, were foiled when a Perez testified in a clear, straightforward and frank manner; and
group of people became suspicious and rescued the girl from him. their testimonies were compatible on material points. Moreover,
The Court noted that the victim’s testimony and the other pieces no ill motive was attributed to the kidnap victims and none was
of evidence did not indicate that the appellant wanted to detain found by this Court.
her, or that he actually detained her. We agree with the trial court’s observation that the appellant
In the present case, the evidence presented by the prosecution did not meet the charges against him head on. His testimony
indubitably established that the victims were detained, albeit for dwelt on what happened to him on the day he was arrested and
a few hours. There is proof beyond reasonable doubt that on subsequent days thereafter. Appellant did not explain where
kidnapping took place, and that appellant was a member of the he was during the questioned dates (December 12, 1988 to
armed group which abducted the victims. February 3, 1989); neither did he rebut Calunod, Bacarro and
Third Issue: Perez, when they identified him as one of their kidnappers.
Denial and Alibi Reclusion Perpetua, Not Life Imprisonment
The appellant’s bare denial is a weak defense that becomes even The trial court erred when it sentenced the appellant to six terms
weaker in the face of the prosecution witnesses’ positive of life imprisonment. The penalty for kidnapping with ransom,
identification of him. Jurisprudence gives greater weight to the under the Revised Penal Code, is reclusion perpetua to death.
positive narration of prosecution witnesses than to the Since the crimes happened in 1988, when the capital penalty was
proscribed by the Constitution, the maximum penalty that could
_______________ have been imposed was reclusion perpetua. Life imprisonment is
not synonymous with reclusion perpetua. Unlike life
works inspector, a sanitary officer, a barrio lieutenant, a laborer
discharging clerical functions, an emergency helper in the Bureau imprisonment, reclusion perpetua carries with it accessory
of Forestry on a daily wage basis, performing the duties of janitor penalties provided in the Revised Penal Code and has a definite
extent or duration. Life imprisonment is invariably imposed for
and messenger. See Ramon C. Aquino, Revised Penal Code, 1997
ed., Vol. II, pp. 409410. serious offenses penalized by special laws, while reclusion
38
GR No. 110097, December 22, 1997. perpetua is prescribed in accordance with the Revised Penal
578 Code.41
WHEREFORE, the conviction of Appellant Jailon Kulais as the same ones he was charged and convicted with in the case at
principal in five counts of kidnapping for ransom and in three bar. See also People vs. Ramos, Jr., 203 SCRA 237, October 28,
counts of kidnapping is AFFIRMED, but the penalty imposed is
1991; and People vs. Baguio, 196 SCRA 459, April 30, 1991.
hereby MODIFIED as follows: Appellant is sentenced to five
terms of reclusion perpetua, one for each of his five convictions for
Notes.—Courts should not at once look with disfavor at the
kidnapping for ransom; and to three terms of reclusion perpetua, defense of alibi, and that when an accused puts up the defense of
one each for the kidnapping of Public Officers Virginia Gara, alibi, the court should not at once have a mental prejudice against
Monico Saavedra and Calixto Francisco. Like the other accused
him. (People vs. Escalante, 238 SCRA 554[1994])
who withdrew their appeals, he is REQUIRED to return the
When the prosecution’s cause is weak, an accused’s alibi
personal effects, or their monetary value, taken from the kidnap
assumes importance and becomes crucial in negating his criminal
victims. Additionally, he is ORDERED to pay the amount of
liability, and his alibi should be considered for there are times
P122,000 representing the ransom money paid to the kidnappers.
where an accused has no other possible defense but alibi, as that
Costs against appellant.
could really be the truth. (People vs. Adofina, 239 SCRA
SO ORDERED.
67 [1994])
Davide,
The exception to the right of confrontation contemplated by
Jr. (Chairman), Bellosillo, Vitug and Quisumbing, JJ., concur. law covers only the utilization of testimonies of absent witnesses
Judgment affirmed with modification. made in previous proceedings, and does not include utilization of
previous decisions or judgments. (People vs. OrtizMiyake, 279
_______________ SCRA 180 [1997])
41
People vs. Layno, GR No. 110833, November 21, ——o0o——
1996; People vs. Magana, GR No. 105673, July 26, 1996; People
vs. Gregorio, 255 SCRA 380, March 29, 1996; People vs. © Copyright 2018 Central Book Supply, Inc. All rights
Magalong, 244 SCRA 117, May 12, 1995. See People vs. reserved.
Samson, 244 SCRA 146, May 16, 1995. NOTA BENE: It is 414 SUPREME COURT REPORTS ANNOTATED
noteworthy that Appellant Kulais was also the appellant in this Laureano vs. Court of Appeals
cited case. He appealed the Decision of the Regional Trial Court of G.R. No. 114776. February 2, 2000.*
Zamboanga City, Branch 12, presided by Judge Pelagio S. Mandi MENANDRO B. LAUREANO, petitioner, vs. COURT OP
who penned the Decision appealed in the present case. In that APPEALS AND SINGAPORE AIRLINES LIMITED, respondents.
case, Kulais was convicted of kidnapping with ransom for the Actions; Conflict of Laws; The party who claims the
abduction of one Airman Ruben Monteverde, committed on
applicability of a foreign law has the burden of proof, and where
January 30, 1990. The persons he was charged with were
said party has failed to discharge the burden, Philippine law leaves the parties in exactly the same position as though no action
applies.—At the outset, we find it necessary to state our had been commenced at
concurrence on the assumption of jurisdiction by the Regional _______________
Trial Court of Manila, Branch 9. The trial court rightly ruled on
the application of Philippine law, thus: “Neither can the Court SECOND DIVISION.
*
determine whether the termination of the plaintiff is legal under 415
the Singapore Laws because of the defendant’s failure to show VOL. 324, FEBRUARY 2, 2000 415
which specific laws of Singapore Laws apply to this case. As Laureano vs. Court of Appeals
substantially discussed in the preceding paragraphs, the all.—Petitioner claims that the running of the prescriptive
Philippine Courts do not take judicial notice of the laws of period was tolled when he filed his complaint for illegal dismissal
Singapore. The defendant that claims the applicability of the before the Labor Arbiter of the National Labor Relations
Singapore Laws to this case has the burden of proof. The Commission. However, this claim deserves scant consideration; it
defendant has failed to do so. Therefore, the Philippine law
has no legal leg to stand on. In Olympia International, Inc. vs.
should be applied.”
Court of Appeals, we held that “although the commencement of a
Same; Labor Law; Prescription; Illegal Dismissals; In illegal
civil action stops the running of the statute of prescription or
dismissal, it is settled, that the tenyear prescriptive period fixed
limitations, its dismissal or voluntary abandonment by plaintiff
in Article 1144 of the Civil Code may not be invoked, for the Civil leaves the parties in exactly the same position as though no
Code is a law of general application, while the prescriptive period action had been commenced at all.”
fixed in Article 292 of the Labor Code is a special law applicable Same; Same; Same; Contracts; It is a settled rule that
to claims arising from employeeemployer relations.—What rules contracts have the force of law between the parties.—As to whether
on prescription should apply in cases like this one has long been petitioner’s separation from the company due to retrenchment
decided by this Court. In illegal dismissal, it is settled, that the was valid, the appellate court found that the employment contract
tenyear prescriptive period fixed in Article 1144 of the Civil Code of petitioner allowed for pretermination of employment. We agree
may not be invoked by petitioners, for the Civil Code is a law of with the Court of Appeals when it said, “It is a settled rule that
general application, while the prescriptive period fixed in Article contracts have the force of law between the parties. From the
292 of the Labor Code [now Article 291] is a SPECIAL LAW moment the same is perfected, the parties are bound not only to
applicable to claims arising from employeeemployer relations. the fulfillment of what has been expressly stipulated but also to
Same; Same; Same; Although the commencement of a civil all consequences which, according to their nature, may be in
action stops the running of the statute of prescription or keeping with good faith, usage and law. Thus, when plaintiff
appellee accepted the offer of employment, he was bound by the
limitations, its dismissal or voluntary abandonment by plaintiff
terms and conditions set forth in the contract, among others, the
right of mutual termination by giving three months written notice
or by payment of three months salary. Such provision is clear and month probation period, plaintiffs appointment was confirmed
readily understandable, hence, there is no room for effective July 21, 1979. (Annex “B,” p. 30, Rollo).
interpretation.” On July 21, 1979, defendant offered plaintiff an extension of
his twoyear contract to five (5) years effective January 21, 1979
PETITION for review on certiorari of a decision of the Court of to January 20, 1984 subject to the terms and conditions set forth
Appeals. in the contract of employment, which the latter accepted (Annex
“C,” p. 31, Rec.).
The facts are stated in the opinion of the Court. During his service as B707 captain, plaintiff on August 24,
Montilla Law Office for petitioner. 1980, while in command of a flight, committed a noise violation
Bengzon, Narciso, Cudala, Pecson, Bengson & Jimenez for offense at the Zurich Airport, for which plaintiff apologized. (Exh.
private respondent. “3,” p. 307, Rec.).
Sometime in 1980, plaintiff featured in a tail scraping incident
QUISUMBING, J.: wherein the tail of the aircraft scraped or touched the runway
during landing. He was suspended for a few days until he was
This petition for review on certiorari under Rule 45 of the Rules of investigated by a board headed by Capt. Choy. He was
Court seeks to reverse the Decision of the Court of Appeals, dated reprimanded.
October 29, 1993, in CA. G.R. No. CV 34476, On September 25, 1981, plaintiff was invited to take a course
416 of A300 conversion training at Aeroformacion, Toulouse, France
416 SUPREME COURT REPORTS ANNOTATED at defendant’s expense. Having successfully completed and passed
the training course, plaintiff was cleared on April 7, 1981 for solo
Laureano vs. Court of Appeals
duty as captain of the Airbus A300 and subsequently appointed
as well as its Resolution dated February 28, 1994, which denied
as captain of the A300 fleet commanding an Airbus A300 in
the motion for reconsideration.
flights over Southeast Asia. (Annexes “D,” “E” and “F,” pp. 3438,
The facts of the case as summarized by the respondent
Rec.).
appellate court are as follows:
Sometime in 1982, defendant, hit by a recession, initiated
“Sometime in 1978, plaintiff [Menandro B. Laureano, herein
costcutting measures. Seventeen (17) expatriate captains in the
petitioner], then Director of Flight Operations and Chief Pilot of
Airbus fleet were found in excess of the defendant’s requirement
Air Manila, applied for employment with defendant company
(t.s.n., July 6, 1988, p. 11). Consequently, defendant informed its
[herein private respondent] through its Area Manager in Manila.
expatriate
On September 30, 1978, after the usual personal interview,
417
defendant wrote to plaintiff, offering a contract of employment as
VOL. 324, FEBRUARY 2, 2000 417
an expatriate B707 captain for an original period of two (2) years
commencing on January 21, 1978. Plaintiff accepted the offer and Laureano vs. Court of Appeals
commenced working on January 20, 1979. After passing the six
pilots including plaintiff of the situation and advised them to take Thus, defendant postulates that Singapore laws should apply and
advance leaves. (Exh. “15,” p. 466, Rec.). courts thereat shall have jurisdiction. (pp. 5069, Rec.).
Realizing that the recession would not be for a short time, In traversing defendant’s arguments, plaintiff claimed that:
defendant decided to terminate its excess personnel (t.s.n., July 6, (1) where the items demanded in a complaint are the natural
1988, p. 17). It did not, however, immediately terminate it’s A300 consequences flowing from a breach of an obligation and not labor
pilots. It reviewed their qualifications for possible promotion to benefits, the case is intrinsically a civil dispute; (2) the case
the B747 fleet. Among the 17 excess Airbus pilots reviewed, involves a question that is beyond the field of specialization of
twelve were found qualified. Unfortunately, plaintiff was not one labor arbiters; and (3) if the complaint is grounded not on the
of the twelve. employee’s dismissal
On October 5, 1982, defendant informed plaintiff of his 418
termination effective November 1, 1982 and that he will be paid 418 SUPREME COURT REPORTS ANNOTATED
three (3) months salary in lieu of three months notice (Annex “I,” Laureano vs. Court of Appeals
pp. 4142, Rec.). Because he could not uproot his family on such per se but on the manner of said dismissal and the consequence
short notice, plaintiff requested a threemonth notice to afford thereof, the case falls under the jurisdiction of the civil courts.
him time to exhaust all possible avenues for reconsideration and (pp. 7073, Rec.)
retention. Defendant gave only two (2) months notice and one (1)
On March 23, 1987, the court a quo denied defendant’s motion
month salary, (t.s.n., Nov. 12, 1987, p. 25).
to dismiss (pp. 8284, Ibid.). The motion for reconsideration was
Aggrieved, plaintiff on June 29, 1983, instituted a case for
illegal dismissal before the Labor Arbiter. Defendant moved to likewise denied, (p. 95, ibid.)
dismiss on jurisdictional grounds. Before said motion was On September 16, 1987, defendant filed its answer reiterating
resolved, the complaint was withdrawn. Thereafter, plaintiff filed the grounds relied upon in its motion to dismiss and further
the instant case for damages due to illegal termination of contract arguing that plaintiff is barred by laches, waiver, and estoppel
of services before the court a quo (Complaint, pp. 110, Rec.). from instituting the complaint and that he has no cause of action.
Again, defendant on February 11, 1987 filed a motion to (pp. 102115)”1
dismiss alleging inter alia: (1) that the court has no jurisdiction On April 10, 1991, the trial court handed down its decision in
favor of plaintiff. The dispositive portion of which reads:
over the subject matter of the case, and (2) that Philippine courts
“WHEREFORE, judgment is hereby rendered in favor of plaintiff
have no jurisdiction over the instant case. Defendant contends
Menandro Laureano and against defendant Singapore Airlines
that the complaint is for illegal dismissal together with a money
Limited, ordering defendant to pay plaintiff the amounts of—
claim arising out of and in the course of plaintiffs employment
SIN$396,104.00, or its equivalent in Philippine currency at
“thus it is the Labor Arbiter and the NLRC who have the
the current rate of exchange at the time of payment, as and for
jurisdiction pursuant to Article 217 of the Labor Code” and that,
unearned compensation with legal interest from the filing of the
since plaintiff was employed in Singapore, all other aspects of his
complaint until fully paid;
employment contract and/or documents executed in Singapore.
SIN$154,742.00, or its equivalent in Philippine currency at 1. 1.IS THE PRESENT ACTION ONE BASED ON
the current rate of exchange at the time of payment; and the CONTRACT WHICH PRESCRIBES IN TEN YEARS
further amounts of P67,500.00 as consequential damages with UNDER ARTICLE 1144 OF THE NEW CIVIL CODE
legal interest from the filing of the complaint until fully paid; OR ONE FOR DAMAGES ARISING FROM AN INJURY
P1,000,000.00 as and for moral damages; P1,000,000.00 as TO THE RIGHTS OF THE PLAINTIFF WHICH
and for exemplary damages; and P100,000.00 as and for PRESCRIBES IN FOUR YEARS UNDER ARTICLE
attorney’s fees. 1146 OF THE NEW CIVIL CODE?
Costs against defendant.
SO ORDERED.”2 2. 2.CAN AN EMPLOYEE WITH A FIXED PERIOD OF
Singapore Airlines timely appealed before the respondent court EMPLOYMENT BE RETRENCHED BY HIS
and raised the issues of jurisdiction, validity of termination, EMPLOYER?
estoppel, and damages.
On October 29, 1993, the appellate court set aside the decision 3. 3.CAN THERE BE VALID RETRENCHMENT IF AN
of the trial court, thus, EMPLOYER MERELY FAILS TO REALIZE THE
_____________ EXPECTED PROFITS EVEN IF IT WERE NOT, IN
FACT, INCURRING LOSSES?
1
Rollo, pp. 3032.
2
Id. at 65. At the outset, we find it necessary to state our concurrence on the
419 assumption of jurisdiction by the Regional Trial Court of Manila,
VOL. 324, FEBRUARY 2, 2000 419 Branch 9. The trial court rightly ruled on the application of
Laureano vs. Court of Appeals Philippine law, thus:
“. . . In the instant case, the action for damages due to illegal “Neither can the Court determine whether the termination of the
termination was filed by plaintiffappellee only on January 8, plaintiff is legal under the Singapore Laws because of the
1987 or more than four (4) years after the effectivity date of his defendant’s failure to show which specific laws of Singapore Laws
dismissal on November 1, 1982. Clearly, plaintiffappellee’s action apply to this case. As substantially discussed in the preceding
has already prescribed. paragraphs, the Philippine Courts do not take judicial notice of
WHEREFORE, the appealed decision is hereby REVERSED the laws of Singapore. The defendant that claims the applicability
and SET ASIDE. The complaint is hereby dismissed. of the Singapore
SO ORDERED.”3 _____________
Petitioner’s and Singapore Airlines’ respective motions for
reconsideration were denied. 3
Id. at 40.
Now, before the Court, petitioner poses the following queries: 420
420 SUPREME COURT REPORTS ANNOTATED
Laureano vs. Court of Appeals Article 292 of the Labor Code [now Article 291] is a SPECIAL
Laws to this case has the burden of proof. The defendant has LAW applicable to claims arising from employeeemployer
failed to do so. Therefore, the Philippine law should be applied.”4 relations.9
Respondent Court of Appeals acquired jurisdiction when More recently in De Guzman vs. Court of Appeals,10where the
defendant filed its appeal before said court. 5 On this matter, money claim was based on a written contract, the Collective
respondent court was correct when it barred defendantappellant Bargaining Agreement, the Court held:
below from raising further the issue of jurisdiction.6 “. . . The language of Art. 291 of the Labor Code does not limit its
Petitioner now raises the issue of whether his action is one application only to ‘money claims specifically recoverable under
based on Article 1144 or on Article 1146 of the Civil Code. said Code’ but covers all money claims arising from an employee
According to him, his termination of employment effective employer relations” (Citing Cadalin v. POEA Administrator, 238
November 1, 1982, was based on an employment contract which is SCRA 721, 764 [1994]; and Uy v. National Labor Relations
under Article 1144, so his action should prescribe in 10 years as Commission, 261 SCRA 505, 515 [1996])....
provided for in said article. Thus he claims the ruling of the
It should be noted further that Article 291 of the Labor Code is
appellate court based on Article 1146 where prescription is only
a special law applicable to money claims arising from employer
four (4) years, is an error. The appellate court concluded that the
employee relations; thus, it necessarily prevails over Article 1144
action for illegal dismissal originally filed before the Labor
of the Civil Code, a general law. Basic is the rule in statutory
Arbiter on June 29, 1983, but which was withdrawn, then filed
construction that ‘where two statutes are of equal theoretical
again in 1987 before the Regional Trial Court, had already
application to a particular case, the one designed therefore should
prescribed.
prevail.’ (Citing Leveriza v. Intermediate Appellate Court, 157
In our view, neither Article 1144 7 nor Article 11468 of the Civil
Code is here pertinent. What is applicable is Article 291 of the SCRA 282, 294.) Generalia specialibus non derogant.”11
In the light of Article 291, aforecited, we agree with the
Labor Code, viz.:
appellate court’s conclusion that petitioner’s action for damages
“Article 291. Money claims.—All money claims arising from
employeeemployer relations accruing during the effectivity of due to illegal termination filed again on January 8, 1987 or more
this Code shall be filed within three (3) years from the time the than four (4) years after the effective date of his dismissal on
cause of action accrued; otherwise they shall be forever barred. November 1, 1982 has already prescribed.
“In the instant case, the action for damages due to illegal
What rules on prescription should apply in cases like this one has termination was filed by plaintiffappellee only on January 8,
long been decided by this Court. In illegal dismissal, it is settled, 1987 or more than four (4) years after the effectivity date of his
that the tenyear prescriptive period fixed in Article 1144 of the dismissal on November 1, 1982. Clearly, plaintiffappellee’s action
has already prescribed.”
Civil Code may not be invoked by petitioners, for the Civil Code is
We base our conclusion not on Article 1144 of the Civil Code but
a law of general application, while the prescriptive period fixed in
on Article 291 of the Labor Code, which sets the prescription
period at three (3) years and which governs, under this the aforementioned Agreement. As such, plaintiffappellee is
jurisdiction. estopped from questioning the legality of the said agreement or
Petitioner claims that the running of the prescriptive period any proviso contained therein.”13
was tolled when he filed his complaint for illegal dismissal before Moreover, the records of the present case clearly show that
the Labor Arbiter of the National Labor Relations Commission. respondent court’s decision is amply supported by evidence and it
However, this claim deserves scant consideration; it has no legal did not err in its findings, including the reason for the
leg to stand on. In Olympia International, Inc. vs. Court of retrenchment:
Appeals, we held that “although the commencement of a civil “When defendantappellant was faced with the worldwide
action stops the running of the statute of prescription or recession of the airline industry resulting in a slow down in the
limitations, its dismissal or voluntary abandonment by plaintiff company’s growth particularly in the regional operation (Asian
leaves the parties in exactly the same position as though no Area) where the Airbus 300 operates. It had no choice but to
action had been commenced at all.”12 adopt cost cutting measures, such as cutting down services,
Now, as to whether petitioner’s separation from the company number of frequencies of flights, and reduction of the number of
due to retrenchment was valid, the appellate court found that the flying points for the A300 fleet (t.s.n., July 6, 1988, pp. 1718). As
employment contract of petitioner allowed for pretermination of a result, defendantappellant had to lay off A300 pilots, including
employment. We agree with the Court of Appeals when it said, plaintiffappellee, which it found to be in excess of what is
“It is a settled rule that contracts have the force of law between reasonably needed.”14
the parties. From the moment the same is perfected, the parties All these considered, we find sufficient factual and legal basis to
are bound not only to the fulfillment of what has been expressly conclude that petitioner’s termination from employment was for
stipulated but also to all consequences which, according to their an authorized cause, for which he was given ample notice and
nature, may be in keeping with good faith, usage and law. Thus, opportunity to be heard, by respondent
when plaintiffappellee accepted the offer of employment, he was company. No error nor grave abuse of discretion, therefore, could
bound by the terms and conditions set forth in the contract, be attributed to respondent appellate court.
among others, the right of mutual termination by giving three ACCORDINGLY, the instant petition is DISMISSED. The
months written notice or by payment of three months salary. decision of the Court of Appeals in CA. CV No. 34476 is
Such provision is clear and readily understandable, hence, there AFFIRMED.
is no room for interpretation.” SO ORDERED.
x x x Bellosillo (Chairman), Mendoza, Buena and De Leon, Jr.,
Further, plaintiffappellee’s contention that he is not bound by JJ., concur.
the provisions of the Agreement, as he is not a signatory thereto, Petition dismissed, judgment affirmed.
deserves no merit. It must be noted that when plaintiffappellee’s
employment was confirmed, he applied for membership with the
Singapore Airlines Limited (Pilots) Association, the signatory to
Notes.—It is a timehonored principle that contracts are Citizenship; Renunciation of Philippine Citizenship;
respected as the law between the contracting parties. (Henson vs. Commonwealth Act No. 63; While the act of using a foreign
Intermediate Appellate Court, 148 SCRA 11[1987]) passport is not one of the acts enumerated in Commonwealth Act
The parties are charged with knowledge of the existing law at No. 63 constituting renunciation and loss of Philippine
the time they enter into a contract and at the time it is to become citizenship, it is nevertheless an act which repudiates the very
operative—and, a person is presumed to be more knowledgeable
oath of renunciation required for a former Filipino citizen who is
about his own state law than his alien or foreign contemporary.
also a citizen of another country to be qualified to run for a local
(Communication Materials and Design, Inc. vs. Court of
elective position.―While the act of using a foreign passport is not
Appeals, 260 SCRA 673 [1996])
one of the acts enumerated in Commonwealth Act No. 63
A manning agency cannot be faulted for complying with the
constituting renunciation and loss of Philippine citizenship, it is
applicable foreign law. (Omanfil International Manpower
nevertheless an act which repudiates the very oath of
Development Corporation vs. National Labor Relations renunciation required for a former Filipino citizen who is also a
Commission, 300 SCRA 455 [1998]) citizen of another country to be qualified to run for a local elective
position. When Arnado used his US passport on 14 April 2009, or
——o0o—— just eleven days after he renounced his American citizenship, he
recanted his Oath of Renunciation that he “absolutely and
425 perpetually renounce(s) all allegiance and fidelity to the UNITED
© Copyright 2018 Central Book Supply, Inc. All rights STATES OF AMERICA” and that he “divest(s) [him]self of full
reserved. employment of all civil and political rights and privileges of the
United States of America.” We agree with the COMELEC En
Banc that such act of using a foreign passport does not divest
Arnado of his Filipino citizenship, which he acquired by
repatriation. However, by representing himself as an American
citizen, Arnado voluntarily and effectively reverted to his earlier
status as a dual citizen. Such reversion was not retroactive; it
took place the instant Arnado represented himself as an
G.R. No. 195649. April 16, 2013.* American citizen by using his US passport. This act of using a
CASAN MACODE MAQUILING, petitioner, vs. COMMISSION foreign passport after renouncing one’s foreign citizenship is fatal
ON ELECTIONS, ROMMEL ARNADO y CAGOCO, LINOG G. to Arnado’s bid for public office, as it effectively imposed on him a
BALUA, respondents. disqualification to run for an elective local position.
Same; Same; Election Law; The citizenship requirement for citizens. It likewise demands the concomitant duty to maintain
elective public office is a continuing one. It must be possessed not allegiance to one’s flag and country. While those who acquire dual
citizenship by choice are afforded the right of suffrage, those who
just
seek election or appointment to public office are required to
_______________
renounce their foreign citizenship to be deserving of the public
* EN BANC.
trust. Holding public office demands full and undivided allegiance
421
to the Republic and to no other. We therefore hold that Arnado,
VOL. 696, APRIL 16, 2013 421
by using his US passport after renouncing his American
Maquiling vs. Commission on Elections citizenship, has recanted the same Oath of Renunciation he took.
at the time of the renunciation of the foreign citizenship but Section 40(d) of the Local Government Code applies to his
continuously. Any act which violates the oath of renunciation situation. He is disqualified not only from holding the public office
opens the citizenship issue to attack.―The citizenship but even from becoming a candidate in the May 2010 elections.
requirement for elective public office is a continuing one. It must Election Law; When a person who is not qualified is voted for
be possessed not just at the time of the renunciation of the foreign and eventually garners the highest number of votes, even the will
citizenship but continuously. Any act which violates the oath of of the electorate expressed through the ballot cannot cure the defect
renunciation opens the citizenship issue to attack. We agree with in the qualifications of the candidate. To rule otherwise is to
the pronouncement of the COMELEC First Division that
trample upon and rent asunder the very law that sets forth the
“Arnado’s act of consistently using his US passport effectively
negated his “Affidavit of Renunciation.” This does not mean, that qualifications and disqualifications of candidates.―The ballot
he failed to comply with the twin requirements under R.A. No. cannot override the
422
9225, for he in fact did. It was after complying with the
requirements that he performed positive acts which effectively 4 SUPREME COURT REPORTS ANNOTATED
disqualified him from running for an elective public office 22
pursuant to Section 40(d) of the Local Government Code of 1991. Maquiling vs. Commission on Elections
Same; Same; Same; While those who acquire dual constitutional and statutory requirements for qualifications
citizenship by choice are afforded the right of suffrage, those who and disqualifications of candidates. When the law requires
certain qualifications to be possessed or that certain
seek election or appointment to public office are required to
disqualifications be not possessed by persons desiring to serve as
renounce their foreign citizenship to be deserving of the public elective public officials, those qualifications must be met before
trust. Holding public office demands full and undivided one even becomes a candidate. When a person who is not qualified
allegiance to the Republic and to no other.―Citizenship is not a is voted for and eventually garners the highest number of votes,
matter of convenience. It is a badge of identity that comes with even the will of the electorate expressed through the ballot cannot
attendant civil and political rights accorded by the state to its cure the defect in the qualifications of the candidate. To rule
otherwise is to trample upon and rent asunder the very law that disqualification is not a prerequisite for the disqualification to
sets forth the qualifications and disqualifications of candidates. attach to the candidate. The very existence of a disqualifying
We might as well write off our election laws if the voice of the circumstance makes the candidate ineli
electorate is the sole determinant of who should be proclaimed 423
worthy to occupy elective positions in our republic. VOL. 696, APRIL 16, 2013 423
Same; When there are participants who turn out to be Maquiling vs. Commission on Elections
ineligible, their victory is voided and the laurel is awarded to the gible. Knowledge by the electorate of a candidate’s
next in rank who does not possess any of the disqualifications nor disqualification is not necessary before a qualified candidate who
lacks any of the qualifications set in the rules to be eligible as placed second to a disqualified one can be proclaimed as the
winner. The secondplacer in the vote count is actually the first
candidates.―We have ruled in the recent cases of Aratea v.
placer among the qualified candidates. That the disqualified
COMELEC, 683 SCRA 105 (2012) and Jalosjos v. COMELEC, 683 candidate has already been proclaimed and has assumed office is
SCRA 1 (2012), that a void COC cannot produce any legal effect. of no moment. The subsequent disqualification based on a
Thus, the votes cast in favor of the ineligible candidate are not substantive ground that existed prior to the filing of the
considered at all in determining the winner of an election. Even certificate of candidacy voids not only the COC but also the
when the votes for the ineligible candidate are disregarded, the proclamation.
will of the electorate is still respected, and even more so. The
Same; Citizenship; Dual Citizenship; The disqualifying
votes cast in favor of an ineligible candidate do not constitute the
sole and total expression of the sovereign voice. The votes cast in circumstance affecting Arnado is his citizenship. Arnado was both
favor of eligible and legitimate candidates form part of that voice a Filipino and an American citizen when he filed his certificate of
and must also be respected. As in any contest, elections are candidacy. He was a dual citizen disqualified to run for public
governed by rules that determine the qualifications and office based on Section 40(d) of the Local Government Code; The
disqualifications of those who are allowed to participate as affirmation of Arnado’s disqualification, although made long after
players. When there are participants who turn out to be
the elections, reaches back to the filing of the certificate of
ineligible, their victory is voided and the laurel is awarded to the
candidacy. Arnado is declared to be not a candidate at all in the
next in rank who does not possess any of the disqualifications nor
lacks any of the qualifications set in the rules to be eligible as May 2010 elections.―The disqualifying circumstance affecting
candidates. Arnado is his citizenship. As earlier discussed, Arnado was both a
Same; Knowledge by the electorate of a candidate’s Filipino and an American citizen when he filed his certificate of
candidacy. He was a dual citizen disqualified to run for public
disqualification is not necessary before a qualified candidate who
office based on Section 40(d) of the Local Government Code.
placed second to a disqualified one can be proclaimed as the Section 40 starts with the statement “The following persons are
winner.―The electorate’s awareness of the candidate’s disqualified from running for any elective local position.” The
prohibition serves as a bar against the individuals who fall under saying, “[D]ual citizenship is just a reality imposed on us because
any of the enumeration from participating as candidates in the we have no control of the laws on citizenship of other countries.
election. With Arnado being barred from even becoming a We recognize a child of a Filipino mother. But whether or not she
candidate, his certificate of candidacy is thus rendered void from is considered a citizen of another country is something completely
the beginning. It could not have produced any other legal effect beyond our control.” In the present case, we have no authority to
except that Arnado rendered it impossible to effect his declare that Arnado is an American citizen. Only the courts of the
disqualification prior to the elections because he filed his answer USA, using American law, have the conclusive authority to make
to the petition when the elections were conducted already and he an assertion regarding Arnado’s American citizenship.
was already proclaimed the winner. To hold that such Same; Same; Renunciation of Citizenship; Republic Act No.
proclamation is valid is to negate the prohibitory character of the 9225; View that Arnado’s use of his American passport after his
disqualification which Arnado possessed even prior to the filing of
execution of an Affidavit of Renunciation of his American
the certificate of candidacy. The affirmation of Arnado’s
Citizenship is a retraction of his renunciation; It is as if he never
disqualification, although made long after the elections, reaches
back to the filing of the certificate of candidacy. Arnado is renounced his American citizenship at all. Arnado, therefore,
declared to be not a candidate at all in the May 2010 elections. failed to comply with the twin requirements of swearing to an
Arnado being a noncandidate, the votes cast in his favor should Oath of Allegiance and executing a Renunciation of Foreign
not have been counted. This leaves Maquiling as the qualified Citizenship as found in Republic Act No. 9225.―Arnado’s use of
candidate his American passport after his execution of an Affidavit of
424 Renunciation of his American Citizenship is a retraction of his
4 SUPREME COURT REPORTS ANNOTATED renunciation. When Arnado filed his Certificate of Candidacy on
24 30 November 2009, there was no longer an effective renunciation
Maquiling vs. Commission on Elections of his American citizenship. It is as if he never renounced his
who obtained the highest number of votes. Therefore, the American citizenship at all. Arnado, therefore, failed to comply
rule on succession under the Local Government Code will not with the twin requirements of swearing to an Oath of Allegiance
apply. and executing a Renunciation of Foreign Citizenship as found in
Carpio, J., Concurring Opinion: Republic Act No. 9225. We previously discussed the distinction
Election Law; Citizenship; View that Philippine courts have between dual citizenship and dual allegiance, as well as the
different acts required of dual citizens, who may either have
no power to declare whether a person possesses citizenship other
involuntary dual citizenship or voluntary dual allegiance, who
than that of the Philippines.―Philippine courts have no power to
desire to be elected to Philippine public office in Cordora v.
declare whether a person possesses citizenship other than that of
COMELEC, 580 SCRA 12 (2009).425
the Philippines. In Mercado v. Manzano, 307 SCRA 630 (1999),
VOL. 696, APRIL 16, 2013 425
Constitutional Commissioner Joaquin G. Bernas was quoted as
Maquiling vs. Commission on Elections cancelled one day or more after the elections, all votes for such
Same; Same; Same; Stray Votes; View that Arnado used his candidate should also be stray votes because the certificate of
candidacy is void from the very beginning. This is the more
USA passport after his Renunciation of American Citizenship and
equitable and logical approach on the effect of the cancellation of
before he filed his Certificate of Candidacy. This positive act of
a certificate of candidacy that is void ab initio. Otherwise, a
retraction of his renunciation before the filing of the Certificate of
certificate of candidacy void ab initio can operate to defeat one or
Candidacy renders Arnado’s Certificate of Candidacy void ab more valid certificates of candidacy for the same position.
initio. Therefore, Arnado was never a candidate at any time, and Brion, J., Dissenting Opinion:
all the votes for him are stray votes.―Arnado used his USA Citizenship; Republic Act No. 9225; View that RA 9225 was
passport afterhis Renunciation of American Citizenship
enacted to allow the reacquisition and retention of Philippine
and before he filed his Certificate of Candidacy. This positive act
citizenship by: 1) naturalborn citizens who were deemed to have
of retraction of his renunciation before the filing of the Certificate
lost their Philippine citizenship by reason of their naturalization
of Candidacy renders Arnado’s Certificate of Candidacy void ab
as citizens of
initio. Therefore, Arnado was never a candidate at any time, and
426
all the votes for him are stray votes. We reiterate our ruling
4 SUPREME COURT REPORTS ANNOTATED
in Jalosjos v. COMELEC, 683 SCRA 1 (2012), on this matter: 26
Decisions of this Court holding that the secondplacer cannot be
Maquiling vs. Commission on Elections
proclaimed winner if the firstplacer is disqualified or declared
ineligible should be limited to situations where the certificate of a foreign country; and 2) naturalborn citizens of the
candidacy of the firstplacer was valid at the time of filing but Philippines who, after the effectivity of the law, became citizens of
subsequently had to be cancelled because of a violation of law that a foreign country.―RA 9225 was enacted to allow the re
took place, or a legal impediment that took effect, after the filing acquisition and retention of Philippine citizenship by: 1) natural
of the certificate of candidacy. If the certificate of candidacy is born citizens who were deemed to have lost their Philippine
void ab initio, then legally the person who filed such void citizenship by reason of their naturalization as citizens of a
certificate of candidacy was never a candidate in the elections at foreign country; and 2) naturalborn citizens of the Philippines
any time. All votes for such noncandidate are stray votes and who, after the effectivity of the law, became citizens of a foreign
should not be counted. Thus, such noncandidate can never be a country. The law provides that they are deemed to have re
firstplacer in the elections. If a certificate of candidacy void ab acquired or retained their Philippine citizenship upon taking the
oath of allegiance. x x x Arnado falls under the first category as a
initio is cancelled on the day, or before the day, of the election,
naturalborn Filipino citizen who was deemed to have lost his
prevailing jurisprudence holds that all votes for that candidate
Philippine citizenship upon his naturalization as an American
are stray votes. If a certificate of candidacy void ab initio is
citizen.
Same; Same; Renunciation of Citizenship; View that Maquiling vs. Commission on Elections
Arnado’s use of his US passport in travelling back to the the Philippine citizenship he adopted as his sole citizenship
Philippines on November 24, 2009 was an isolated act that could under RA 9225.
not, by itself, be an express renunciation of the Philippine Same; Same; Same; View that the ponencia fails to consider
citizenship he adopted as his sole citizenship under RA that under RA 9225, naturalborn citizens who were deemed to
9225.―Arnado’s Philippine passport was issued on June 18, 2009, have lost their Philippine citizenship because of their
but he was not immediately notified of the issuance so that and naturalization as citizens of a foreign country and who
he only received his passport three months after or sometime subsequently complied with the requirements of RA 9225, are
in September 2009. Clearly, when Arnado travelled on April deemed not to have lost their Philippine citizenship.―I disagree
14, 2009, June 25, 2009 and July 29, 2009, he had no with the ponencia’s view that by using his US passport and
Philippine passport that he could have used to travel to the representing himself as an American citizen, Arnado effectively
United States to attend to the winding up of his business reverted to the status of a dual citizen. Interestingly, the
and other affairs in America. A travel document issued by the ponencia failed to cite any law or controlling
proper Philippine government agency (e.g., a Philippine consulate jurisprudence to support its conclusion, and thus merely
office in the US) would not suffice because travel documents could makes a bare assertion. The ponencia fails to consider that
not be used; they are issued only in critical instances, as under RA 9225, naturalborn citizens who were deemed to have
determined by the consular officer, and allow the bearer only a lost their Philippine citizenship because of their naturalization as
direct, oneway trip to the Philippines. Although Arnado received citizens of a foreign country and who subsequently complied with
his Philippine passport by the time he returned to the Philippines the requirements of RA 9225, are deemed not to have lost their
on November 24, 2009, he could not use this without risk of Philippine citizenship. RA 9225 cured and negated the
complications with the US immigration authorities for using a
presumption made under CA 63. Hence, as in Japzon, Arnado
travel document different from what he used in his entry into the
assumed “pure” Philippine citizenship again after taking the
US on July 29, 2009. Plain practicality then demanded that the
Oath of Allegiance and executing an Oath of Renunciation of his
travel document that he used to enter the US on July 29, 2009 be
American citizenship under RA 9225.
the same travel document he should use in leaving the country on
November 24, 2009. Given these circumstances, Arnado’s use of Same; Same; Same; View that the law requires express
his US passport in travelling back to the Philippines on renunciation in order to lose Philippine citizenship. The term
November 24, 2009 was an isolated act that could not, by itself, be means a renunciation that is made distinctly and explicitly and is
an express renunciation of not left to inference or implication; it is a renunciation manifested
427 by direct and appropriate language, as distinguished from that
VOL. 696, APRIL 16, 2013 427 which is inferred from conduct.―I loathe to rule that Arnado’s
use of his US passport amounts to an express renunciation of his to be a “pure” Filipino citizen and the loss of his Philippine
Filipino citizenship, when its use was an isolated act that he citizenship cannot be presumed or inferred from his isolated act of
sufficiently explained and fully justified. I emphasize that the law using his US passport for travel purposes.
requires express renunciation in order to lose Philippine Same; Same; Same; View that Arnado sufficiently justified
citizenship. The term means a renunciation that is the use of his US passport despite his renunciation of his US
made distinctly and explicitly and is not left to inference or citizenship; when he travelled on April 14, 2009, June 25, 2009
implication; it is a renunciation manifested by direct and
and July 29, 2009, he had no Philippine passport that he could
appropriate language, as distinguished from that which is
have used to travel to the United States to attend to the business
inferred from conduct.
and other affairs that he was leaving; He consistently used his
Same; Same; Same; View that in the absence of clear and
Philippine passport for travel after November 24, 2009, the true
affirmative acts of reacquiring US citizenship either by
character of his use of his US passport stands out and cannot but
naturalization or by express acts (such as the reestablishment of
be an isolated and convenient act that did not negate his Oath of
permanent resi
Renunciation.―I disagree however, with the conclusion that
428
Arnado effectively negated his Oath of Renunciation when he
4 SUPREME COURT REPORTS ANNOTATED
used his US passport for travel to the United States. To reiterate
28
if only for emphasis, Arnado sufficiently justified the use of his
Maquiling vs. Commission on Elections US passport despite his renunciation of his US citizenship; when
dency in the United States), Arnado’s use of his US passport he travelled on April 14, 2009, June 25, 2009 and July 29, 2009,
cannot but be considered an isolated act that did not undo his he had no Philippine passport that he could have used to travel to
renunciation of his US citizenship.―In the present case, other the United States to attend to the business and other affairs that
than the use of his US passport in two trips to and from the he was leaving. If at all, he could be faulted for using his US
United States, the record does not bear out any indication, passport by the time he returned to the Philippines on November
supported by evidence, of Arnado’s intention to reacquire US 24, 2009 because at that time, he had presumably received his
citizenship. To my mind, in the absence of clear and affirmative Philippine passport. However, given the circumstances explained
acts of reacquiring US citizenship either by naturalization or by above and that he consistently used his Philippine passport for
express acts (such as the reestablishment of permanent travel after November 24, 2009, the true character of his use of
residency in the United States), Arnado’s use of his US passport his US passport stands out and cannot but be an isolated and
cannot but be considered an isolated act that did not undo his convenient act that did not negate his Oath of Renunciation.429
renunciation of his US citizenship. What he might in fact have VOL. 696, APRIL 16, 2013 429
done was to violate American law on the use of passports, but this Maquiling vs. Commission on Elections
is a matter irrelevant to the present case. Thus, Arnado remains ABAD, J., Separate and Concurring Opinion:
Citizenship; Republic Act No. 9225; View that Section 5(2) of renounce his citizenship who does not comply with what his
Republic Act 9225 provides the means by which a former country requires of him.―Section 349 (a)(5) of the Immigration
and Nationality Act (INA) sets the procedure that those who have
Philippine citizen who has acquired foreign citizenship to later
moved their residence to other countries must observe when
reacquire his old citizenship by complying with certain renouncing their U.S. citizenship. It provides that “(a) A person
requirements.―Sec. 5(2) of Republic Act 9225 provides the means who is a national of the United States whether by birth or
by which a former Philippine citizen who has acquired foreign naturalization, shall lose his nationality by voluntarily
citizenship to later reacquire his old citizenship by complying performing any of the following acts with the intention of
with certain requirements. Respondent Rommel Arnado complied relinquishing United States nationality―x x x (5) making a
with these requirements for regaining Philippine citizenship but, formal renunciation of na
because he wanted to run for public office, he also renounced his 430
United States (U.S.) Citizenship when he filed his certificate of 4 SUPREME COURT REPORTS ANNOTATED
candidacy, conformably with the provisions of Republic Act 9225
30
that reads: (2) Those seeking elective public in the Philippines
Maquiling vs. Commission on Elections
shall meet the qualification for holding such public office as
tionality before a diplomatic or consular officer of the United
required by the Constitution and existing laws and, at the time of
States in a foreign state, in such form as may be prescribed by the
the filing of the certificate of candidacy, make a personal and
Secretary of State.” He does not effectively renounce his
sworn renunciation of any and all foreign citizenship before any
citizenship who does not comply with what his country requires of
public officer authorized to administer an oath. But his
him.
compliance with the above was challenged before the Commission
SPECIAL CIVIL ACTION in the Supreme Court. Certiorari.
on Elections (Comelec) because Arnado afterwards twice used his
The facts are stated in the opinion of the Court.
U.S. passport in going to and coming from the U.S., the country
whose citizenship he had renounced. Rexie Efren A. Bugaring & Associates Law Offices and
Same; Same; Renunciation of Citizenship; View that Section Musico Law Office for petitioner.
349 (a)(5) of the Immigration and Nationality Act (INA) provides Federico R. Miranda for respondent Linog G. Balua.
that “(a) A person who is a national of the United States whether Tomas O. Cabili and Rejoice S. Subejano for respondent
by birth or naturalization, shall lose his nationality by voluntarily Mayor Rommel Arnado.
SERENO, C.J.:
performing any of the following acts with the intention of
The Case
relinquishing United States nationality―x x x (5) making a
formal renunciation of nationality before a diplomatic or consular This is a Petition for Certiorari under Rule 64 in conjunction
officer of the United States in a foreign state, in such form as may with Rule 65 of the Rules of Court to review the Resolutions of the
be prescribed by the Secretary of State.” He does not effectively Commission on Elections (COMELEC). The Resolution1 in SPA
No. 10109(DC) of the COMELEC First Division dated 5 October
2010 is being assailed for applying Section 44 of the Local and that I impose this obligation upon myself voluntarily without
Government Code while the Resolution2 of the COMELEC En mental reservation or purpose of evasion.6
Bancdated 2 February 2011 is being questioned for finding that On 3 April 2009 Arnado again took his Oath of Allegiance to
respondent Rommel Arnado y Cagoco (respondent the Republic and executed an Affidavit of Renunciation of his
Arnado/Arnado) is solely a Filipino citizen qualified to run for foreign citizenship, which states:
public office despite his continued use of a U.S. passport. I, Rommel Cagoco Arnado, do solemnly swear that I absolutely
Facts and perpetually renounce all allegiance and fidelity to the
Respondent Arnado is a natural born Filipino UNITED STATES OF AMERICA of which I am a citizen, and I
citizen.3However, as a consequence of his subsequent divest myself of full employment of all civil and political rights
naturalization and privileges of the United States of America.
_______________ I solemnly swear that all the foregoing statement is true and
correct to the best of my knowledge and belief.7
1 Rollo, pp. 3849.
_______________
2 Id., at pp. 5067.
4 Id., at p. 241, Exhibit “12MR,” Oath of Allegiance.
3 Id., at p. 229, Exhibit “1MR,” Certificate of Live Birth.
5 Id., at p. 239, Exhibit “10MR,” Order of Approval.
431
6 Ibid., Note 2 and Annex “1” of Duly Verified Answer, Rollo,
VOL. 696, APRIL 16, 2013 431
p. 160 and Annex “2” of Memorandum for Respondent, Rollo, p.
Maquiling vs. Commission on Elections 178.
as a citizen of the United States of America, he lost his Filipino
7 Ibid., pp. 160 and 178.
citizenship.
432
Arnado applied for repatriation under Republic Act (R.A.) No.
432 SUPREME COURT REPORTS ANNOTATED
9225 before the Consulate General of the Philippines in San
Franciso, USA and took the Oath of Allegiance to the Republic of Maquiling vs. Commission on Elections
the Philippines on 10 July 2008.4 On the same day an Order of On 30 November 2009, Arnado filed his Certificate of
Approval of his Citizenship Retention and Reacquisition was Candidacy for Mayor of Kauswagan, Lanao del Norte, which
issued in his favor.5 contains, among others, the following statements:
The aforementioned Oath of Allegiance states: I am a natural born Filipino citizen / naturalized Filipino citizen.
I, Rommel Cagoco Arnado, solemnly swear that I will support I am not a permanent resident of, or immigrant to, a foreign
and defend the Constitution of the Republic of the Philippines country.
and obey the laws and legal orders promulgated by the duly I am eligible for the office I seek to be elected to.
constituted authorities of the Philippines and I hereby declare I will support and defend the Constitution of the Republic of the
that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto. I
Philippines and will maintain true faith and allegiance thereto;
will obey the laws, legal orders and decrees promulgated by the 2009, and again departed on 29 July 2009, arriving back in the
duly constituted authorities. Philippines on 24 November 2009.
I impose this obligation upon myself voluntarily without mental Balua likewise presented a certification from the Bureau of
reservation or purpose of evasion.8 Immigration dated 23 April 2010, certifying that the name
On 28 April 2010, respondent Linog C. Balua (Balua), another “Arnado, Rommel Cagoco” appears in the available Computer
mayoralty candidate, filed a petition to disqualify Arnado and/or Database/Passenger manifest/IBM listing on file as of 21 April
to cancel his certificate of candidacy for municipal mayor of 2010, with the following pertinent travel records:
Kauswagan, Lanao del Norte in connection with the 10 May 2010 DATE OF Arrival : 01/12/2010
local and national elections.9 Respondent Balua contended that NATIONALITY : USAAMERICAN
Arnado is not a resident of Kauswagan, Lanao del Norte and that
PASSPORT : 057782700
he is a foreigner, attaching thereto a certification issued by the
Bureau of Immigration dated 23 April 2010 indicating the
nationality of Arnado as “USAAmerican.”10 DATE OF Arrival : 03/23/2010
To further bolster his claim of Arnado’s US citizenship, Balua NATIONALITY : USAAMERICAN
presented in his Memorandum a computergenerated travel PASSPORT : 05778270012
record11 dated 03 December 2009 indicating that Arnado has been
using his US Passport No. 057782700 in enter On 30 April 2010, the COMELEC (First Division) issued an
_______________ Order13 requiring the respondent to personally file his answer and
8 Id., at p. 139, Annex “B” of Petition for Disqualification; Id., memorandum within three (3) days from receipt thereof.
at p. 177, Annex “1” Memorandum for Respondent. After Arnado failed to answer the petition, Balua moved to
9 Id., at p. 134, Petition to Disqualify Rommel Cagoco Arnado declare him in default and to present evidence exparte.
and/or to Cancel his Certificate of Candidacy for Municipal Mayor Neither motion was acted upon, having been overtaken by the
of Kauswagan, Lanao del Norte in Connection with May 10, 2010 2010 elections where Arnado garnered the highest number of
Local and National Elections. votes and was subsequently proclaimed as the winning candidate
10 Id., at p. 140, Certification. for Mayor of Kauswagan, Lanao del Norte.
11 Id., at p. 191, Exhibit “A” of Memorandum for Petitioner It was only after his proclamation that Arnado filed his
verified answer, submitting the following documents as
filed before the Commission on Elections.
evidence:14
433
_______________
VOL. 696, APRIL 16, 2013 433
12 Id., at p. 192, Exhibit “C” of Memorandum for Petitioner
Maquiling vs. Commission on Elections
filed before the Commission on Elections.
ing and departing the Philippines. The said record shows that
13 Records, pp. 7677.
Arnado left the country on 14 April 2009 and returned on 25 June
14 Rollo, p. 42, Resolution dated 5 October 2010, penned by resident of the United States was dismissed upon the finding that
Commissioner Rene V. Sarmiento, and concurred in by “Balua failed to present any evidence to support his conten
Commissioners Armando C. Velasco and Gregorio Y. Larrazabal. _______________
434 15 Id.
434 SUPREME COURT REPORTS ANNOTATED 435
Maquiling vs. Commission on Elections VOL. 696, APRIL 16, 2013 435
1. Affidavit of Renunciation and Oath of Allegiance to the Maquiling vs. Commission on Elections
Republic of the Philippines dated 03 April 2009; tion,” whereas the First Division still could “not conclude that
16
the same were placed under police custody before offered in court,
Judgment reversed and set aside, appellant FelimonPagaduan
strongly militates a finding of guilt.”
y Tamayo acquitted.
We are not unmindful of the pernicious effects of drugs in our Note.—The presumption of regularity in the performance of
society; they are lingering maladies that destroy families and official duty cannot by itself overcome the presumption of
relationships, and engender crimes. The Court is one with all the innocence nor constitute proof beyond reasonable doubt. (People
agencies concerned in pursuing an intensive and unrelenting vs. Agulay, 566 SCRA 571 [2008])
campaign against this social dilemma. Regardless of how much
we want to curb this menace, we cannot disregard the protection ——o0o——
provided by the Constitution, most particularly the presumption
of innocence bestowed on the appellant. Proof beyond reasonable
doubt, or that quantum of proof sufficient to produce moral
certainty that would convince and satisfy the conscience of those
who act in judgment, is indispensable to overcome this
constitutional presumption. If the prosecution has not proved, in
the first place, all the elements of the crime charged, which in
G.R. No. 180284. September 11, 2013.*
this case is the corpus delicti, then the appellant deserves no less
than an acquittal. NARCISO SALAS, petitioner, vs. ANNABELLE MATUSALEM,
WHEREFORE, premises considered, we hereby REVERSE respondent.
and SET ASIDE the May 22, 2007 Decision of the Court of Remedial Law; Civil Procedure; Venue; In personal actions,
Appeals in CAG.R. CRH.C. No. 01597. Appellant Felimon the Rules give the plaintiff the option of choosing where to file his
Pagaduan y Tamayo is hereby ACQUITTED for failure of the complaint. He can file it in the place (1) where he himself or any of
prosecution to prove his guilt beyond reasonable doubt. He is them resides, or (2) where the defendant or any of the defendants
ordered immediately RELEASED from detention unless he is resides or may be found.―It is a legal truism that the rules on the
confined for another lawful cause. venue of personal actions are fixed for the convenience of the
Let a copy of this Decision be furnished the Director, Bureau plaintiffs and their witnesses. Equally settled, however, is the
of Corrections, Muntinlupa City for immediate implementation. principle that choosing the venue of an action is not left to a
The Director of the Bureau of Corrections is directed to report the plaintiff’s caprice; the matter is regulated by the Rules of Court.
action he has taken to this Court within five days from receipt of In personal actions such as the instant case, the Rules give the
this Decision. plaintiff the option of choosing where to file his complaint. He can
SO ORDERED.
file it in the place (1) where he himself or any of them resides, or court’s duty to ensure that trial proceeds despite the deliberate
(2) where the defendant or any of the defendants resides or may delay and refusal to proceed on the part of one party.
be found. The plaintiff or the defendant must be residents of the Due Process; Where a party was afforded an opportunity to
place where the action has been instituted at the time the action participate in the proceedings but failed to do so, he cannot
is commenced.
complain of deprivation of due process.―With our finding that
Same; Same; Same; Under the Rules of Court before the 1997 there was no abuse of discretion in the trial court’s denial of the
amendments, an objection to an improper venue must be made motion for postponement filed by petitioner’s counsel, petitioner’s
before a responsive pleading is filed. Otherwise, it will be deemed contention that he was deprived of his day in court must likewise
waived.―Petitioner raised the issue of improper venue for the fail. The essence of due process is that a party is given a
first time in the Answer itself and no prior motion to dismiss reasonable opportunity to be heard and submit any evidence one
based on such ground was filed. Under the Rules of Court before may have in support of one’s defense. Where a party was afforded
the 1997 amendments, an objection to an improper venue must be an opportunity to participate in the proceedings but failed to do
made before a responsive pleading is filed. Otherwise, it will be so, he cannot complain of deprivation of due process. If the
deemed waived. Not having been timely raised, petitioner’s opportunity is not availed of, it is deemed waived or forfeited
objection on venue is therefore deemed waived. without violating the constitutional guarantee.
Same; Same; Motion for Postponement; A motion for Civil Law; Persons and Family Relations; Filiation;
continuance or postponement is not a matter of right, but a request Illegitimate Children; Under Article 175 of the Family Code of the
addressed to the sound discretion of the court.―A motion for Philippines, illegitimate filiation may be established in the same
continuance or postponement is not a matter of right, but a way and on the same evidence as legitimate children.―Under
request addressed to the sound discretion of the court. Parties Article 175 of the Family Code of the Philippines, illegitimate
asking for postponement have filiation may be established in the same way and on the same
_______________ evidence as legitimate children. Article 172 of the Family Code of
* FIRST DIVISION. the Philippines states: The filiation of legitimate children is
561 established by any of the following: (1) The record of birth
VOL. 705, SEPTEMBER 11, 2013 56 appearing in the civil register or a final judgment; or (2)
An admission of legitimate filiation in a public document or
Salas vs. Matusalem a private handwritten instrument and signed by the parent
concerned. In the absence of the foregoing evidence, the
absolutely no right to assume that their motions would be
legitimate filiation shall be proved by: (1) The open and
granted. Thus, they must be prepared on the day of the hearing.
continuous possession of the status of a legitimate child; or (2)
Indeed, an order declaring a party to have waived the right to
Any other means allowed by the Rules of Court and special laws.
present evidence for performing dilatory actions upholds the trial
Same; Same; Paternity; Evidence; Birth Certificates; A Same; Same; Evidence; Pictures; Pictures taken of the
certificate of live birth purportedly identifying the putative father mother and her child together with the alleged father are
is not competent evidence of paternity when there is no showing inconclusive evidence to prove paternity.―Pictures taken of the
that the putative father had a hand in the preparation of the mother and her child together with the alleged father are
certificate.―We have held that a certificate of live birth inconclusive evidence to prove paternity. Exhibits “E” and “F”
purportedly identifying the showing petitioner and respondent inside the rented apartment
562 unit thus have scant evidentiary value. The Statement of Account
(Exhibit “C”) from the Good Samaritan General Hospital where
5 SUPREME COURT REPORTS ANNOTATED
respondent herself was indicated as the payee is likewise
62
incompetent to prove that petitioner is the father of her child
Salas vs. Matusalem notwithstanding petitioner’s admission in his answer that he
putative father is not competent evidence of paternity when shouldered the expenses in the delivery of respondent’s child as
there is no showing that the putative father had a hand in the an act of charity.
preparation of the certificate. Thus, if the father did not sign in
Same; Same; Same; Handwritten Notes; As to the
the birth certificate, the placing of his name by the mother,
handwritten notes of petitioner and respondent showing their
doctor, registrar, or other person is incompetent evidence of
paternity. Neither can such birth certificate be taken as a exchange of affectionate words and romantic trysts, these are not
recognition in a public instrument and it has no probative value sufficient to establish Christian Paulo’s filiation to petitioner as
to establish filiation to the alleged father. they were not signed by petitioner and contained no statement of
Same; Same; Same; Same; Baptismal Certificates; While admission by petitioner that he is the father of said child.―As to
baptismal certificates may be considered public documents, they the handwritten notes (Exhibits “D” to “D13”) of petitioner and
can only serve as evidence of the administration of the sacraments respondent showing their exchange of affectionate words and
on the dates so specified. They are not necessarily competent romantic trysts, these, too, are not suffi
563
evidence of the veracity of entries therein with respect to the child’s
VOL. 705, SEPTEMBER 11, 2013 56
paternity.―As to the Baptismal Certificate (Exhibit “B”) of
3
Christian Paulo Salas also indicating petitioner as the father, we
have ruled that while baptismal certificates may be considered Salas vs. Matusalem
public documents, they can only serve as evidence of the cient to establish Christian Paulo’s filiation to petitioner as
administration of the sacraments on the dates so specified. They they were not signed by petitioner and contained no statement of
are not necessarily competent evidence of the veracity of entries admission by petitioner that he is the father of said child. Thus,
therein with respect to the child’s paternity. even if these notes were authentic, they do not qualify under
Article 172 (2) visàvis Article 175 of the Family Code which
admits as competent evidence of illegitimate filiation an parties so that it must be issued only if paternity or filiation is
admission of filiation in a private handwritten instrument signed established by clear and convincing evidence.564
by the parent concerned. 5 SUPREME COURT REPORTS ANNOTATED
Same; Same; Same; Filiation; Illegitimate Children; An 64
illegitimate child is now also allowed to establish his claimed Salas vs. Matusalem
filiation by “any other means allowed by the Rules of Court and Same; Same; Support; Illegitimate Children; The death of
special laws,” like his baptismal certificate, a judicial admission, the putative father is not a bar to the action commenced during
a family Bible in which his name has been entered, common his lifetime by one claiming to be his illegitimate child.―The
reputation respecting his pedigree, admission by silence, the action for support having been filed in the trial court when
testimonies of witnesses, and other kinds of proof admissible petitioner was still alive, it is not barred under Article 175 (2) of
under Rule 130 of the Rules of Court.―An illegitimate child is the Family Code. We have also held that the death of the putative
now also allowed to establish his claimed filiation by “any other father is not a bar to the action commenced during his lifetime by
means allowed by the Rules of Court and special laws,” like his one claiming to be his illegitimate child. The rule on substitution
baptismal certificate, a judicial admission, a family Bible in which of parties provided in Section 16, Rule 3 of the 1997 Rules of Civil
his name has been entered, common reputation respecting his Procedure, thus applies. SEC. 16. Death of party; duty of counsel.
pedigree, admission by silence, the testimonies of witnesses, and —Whenever a party to a pending action dies, and the claim is not
other kinds of proof admissible under Rule 130 of the Rules of thereby extinguished, it shall be the duty of his counsel to inform
Court. Reviewing the records, we find the totality of respondent’s the court within thirty (30) days after such death of the fact
evidence insufficient to establish that petitioner is the father of thereof, and to give the name and address of his legal
Christian Paulo. The testimonies of respondent and Murillo as to representative or representatives. Failure of counsel to comply
the circumstances of the birth of Christian Paulo, petitioner’s with his duty shall be a ground for disciplinary action. The heirs
financial support while respondent lived in Murillo’s apartment of the deceased may be allowed to be substituted for the deceased,
and his regular visits to her at the said apartment, though replete without requiring the appointment of an executor or
with details, do not approximate the “overwhelming evidence, administrator and the court may appoint a guardian ad litem for
documentary and testimonial” presented in Ilano. the minor heirs. The court shall forthwith order said legal
representative or representatives to appear and be substituted
Same; Same; Same; Paternity; The Supreme Court has ruled
within a period of thirty (30) days from notice. If no legal
that a high standard of proof is required to establish paternity representative is named by the counsel for the deceased party, or
and filiation.―Time and again, this Court has ruled that a high if the one so named shall fail to appear within the specified
standard of proof is required to establish paternity and filiation. period, the court may order the opposing party, within a specified
An order for recognition and support may create an unwholesome time to procure the appointment of an executor or administrator
situation or may be an irritant to the family or the lives of the for the estate of the deceased and the latter shall immediately
appear for and on behalf of the deceased. The court charges in attempted suicide due to depression but still petitioner refused to
procuring such appointment, if defrayed by the opposing party, support her and their child.
may be recovered as costs. Respondent thus prayed for support pendente lite and monthly
PETITION for review on certiorari of the decision and resolution support in the amount of P20,000.00, as well as actual, moral and
of the Court of Appeals. exemplary damages, and attorney’s fees.
The facts are stated in the opinion of the Court. _______________
Jennifer PatacsilArceo for petitioner. 1 Rollo, pp. 7584. Penned by Associate Justice Arcangelita M.
Oscar C. Sahagun for respondent. RomillaLontok with Associate Justices Roberto A. Barrios and
565 Mario L. Guariña III, concurring.
VOL. 705, SEPTEMBER 11, 2013 565 2 Id., at p. 93. Penned by Associate Justice Arcangelita M.
Salas vs. Matusalem RomillaLontok with Associate Justices Mario L. Guariña III and
VILLARAMA, JR., J.: Lucenito N. Tagle.
3 Records, pp. 16.
Before the Court is a petition for review on certiorariwhich
566
seeks to reverse and set aside the Decision 1 dated July 18, 2006
and Resolution2 dated October 19, 2007 of the Court of Appeals 566 SUPREME COURT REPORTS ANNOTATED
(CA) in CAG.R. CV No. 64379. Salas vs. Matusalem
The factual antecedents: Petitioner filed his answer4 with special and affirmative
On May 26, 1995, Annabelle Matusalem (respondent) filed a defenses and counterclaims. He described respondent as a woman
complaint3 for Support/Damages against Narciso Salas of loose morals, having borne her first child also out of wedlock
(petitioner) in the Regional Trial Court (RTC) of Cabanatuan City when she went to work in Italy. Jobless upon her return to the
(Civil Case No. 2124AF). country, respondent spent time riding on petitioner’s jeepney
Respondent claimed that petitioner is the father of her son which was then being utilized by a female real estate agent
Christian Paulo Salas who was born on December 28, 1994. named Felicisima de Guzman. Respondent had seduced a senior
Petitioner, already 56 years old at the time, enticed her as she police officer in San Isidro and her charge of sexual abuse against
was then only 24 years old, making her believe that he is a said police officer was later withdrawn in exchange for the
widower. Petitioner rented an apartment where respondent quashing of drug charges against respondent’s brotherinlaw who
stayed and shouldered all expenses in the delivery of their child, was then detained at the municipal jail. It was at that time
including the cost of caesarian operation and hospital respondent introduced herself to petitioner whom she pleaded for
confinement. However, when respondent refused the offer of charity as she was pregnant with another child. Petitioner denied
petitioner’s family to take the child from her, petitioner paternity of the child Christian Paulo; he was motivated by no
abandoned respondent and her child and left them to the mercy of other reason except genuine altruism when he agreed to shoulder
relatives and friends. Respondent further alleged that she the expenses for the delivery of said child, unaware of
respondent’s chicanery and deceit designed to “scandalize” him in 28, 1994 at the Good Samaritan Hospital in Cabanatuan City.
exchange for financial favor. Before delivery, petitioner even walked her at the hospital room
At the trial, respondent and her witness Grace Murillo and massaged her stomach, saying he had not done this to his
testified. Petitioner was declared to have waived his right to wife. She filled out the form for the child’s birth certificate and
present evidence and the case was considered submitted for wrote all the information supplied by petitioner himself. It was
decision based on respondent’s evidence. also petitioner who paid the hospital bills and drove her baby
Respondent testified that she first met petitioner at the house home. He was excited and happy to have a son at his advanced
of his “kumadre” Felicisima de Guzman at Bgy. Malapit, San age who is his “lookalike,” and this was witnessed by other
Isidro, Nueva Ecija. During their subsequent meeting, petitioner boarders, visitors and Grace Murillo, the owner of the apartment
told her he is already a widower and he has no more companion in unit petitioner rented. However, on the 18th day after the baby’s
life because his children are all grownup. She also learned that birth, petitioner went to Baguio City for a medical checkup. He
petitioner owns a rice mill, a construction business and a housing confessed to her daughter and eventually his wife was also
subdivision (petitioner offered her a job at their familyowned Ma. informed about his having sired an illegitimate child. His family
Cristina Village). Petitioner at the time already knows that she is then decided to adopt the baby and just give respondent money so
a single mother as she had a child by her former boyfriend in she can go abroad. When she refused this offer, petitioner stopped
Italy. He then brought her to a motel, promising that he will take seeing her and sending money to her. She and her baby survived
care through the help of relatives and friends. Depressed, she tried to
_______________ commit suicide by drug overdose and was brought to the hospital
4 Id., at pp. 2426. by Murillo who paid the bill. Murillo sought the help of the
567 Cabanatuan City Police Station which set their meeting with
petitioner. However, it was only peti
VOL. 705, SEPTEMBER 11, 2013 567
_______________
Salas vs. Matusalem
5 TSN, October 6, 1995, p. 21; TSN, November 17, 1995, pp. 4
of her and marry her. She believed him and yielded to his 7, 13; TSN, March 22, 1996, pp. 1425; TSN, June 3, 1996, pp. 19
advances, with the thought that she and her child will have a 29, 3337.
better life. Thereafter, they saw each other weekly and petitioner
568
gave her money for her child. When she became pregnant with
568 SUPREME COURT REPORTS ANNOTATED
petitioner’s child, it was only then she learned that he is in fact
not a widower. She wanted to abort the baby but petitioner Salas vs. Matusalem
opposed it because he wanted to have another child.5 tioner’s wife who showed up and she was very mad, uttering
On the fourth month of her pregnancy, petitioner rented an unsavory words against respondent.6
apartment where she stayed with a housemaid; he also provided Murillo corroborated respondent’s testimony as to the
for all their expenses. She gave birth to their child on December payment by petitioner of apartment rental, his weekly visits to
respondent and financial support to her, his presence during and
after delivery of respondent’s baby, respondent’s attempted in finding that petitioner is the putative father of Christian Paulo
suicide through sleeping pills overdose and hospitalization for and ordering him to give monthly support.
which she paid the bill, her complaint before the police By Decision dated July 18, 2006, the CA dismissed petitioner’s
authorities and meeting with petitioner’s wife at the appeal. The appellate court found no reason to disturb the trial
headquarters.7 court’s exercise of discretion in denying petitioner’s motion for
On April 5, 1999, the trial court rendered its decision8 in favor postponement on April 17, 1998, the scheduled hearing for the
of respondent, the dispositive portion of which reads: initial presentation of defendant’s evidence, and the motion for
WHEREFORE, premises considered, judgment is reconsideration of the said order denying the motion for
hereby rendered in favor of the plaintiff and against the postponement and submitting the case for decision.
defendant as follows: On the paternity issue, the CA affirmed the trial court’s ruling
1. Ordering the defendant to give as monthly support that respondent satisfactorily established the illegitimate filiation
of TWO THOUSAND (P2,000.00) PESOS for the child of her son Christian Paulo, and consequently no error was
Christian Paulo through the mother; committed by the trial court in granting respondent’s prayer for
2. Directing the defendant to pay the plaintiff the sum support. The appellate court thus held:
of P20,000.00 by way of litigation expenses; and Christian Paulo, in instant case, does not enjoy the
3. To pay the costs of suit. benefit of a record of birth in the civil registry which bears
SO ORDERED.9 acknowledgment signed by Narciso Salas. He cannot claim
Petitioner appealed to the CA arguing that: (1) the trial court open and continuous possession of the status of an
decided the case without affording him the right to introduce illegitimate child.
evidence on his defense; and (2) the trial court erred It had been established by plaintiff’s evidence, however,
_______________ that during her pregnancy, Annabelle was provided by
6 Id., at pp. 821; id., at pp. 1012; id., at pp. 711; id., at pp. 9 Narciso Salas with an apartment at a rental of P1,500.00
10, 1418, 4346; TSN, February 19, 1996, pp. 6, 1012. which he paid for (TSN, October 6, 1995, p. 18). Narciso
7 TSN, July 8, 1996, pp. 511; TSN, November 29, 1996, pp. 4 provided her with a household help with a salary of
9, 1526. P1,500.00 a month (TSN, October 6, 1995, ibid). He also
8 Rollo, pp. 6573. Penned by Acting Presiding Judge Johnson provided her a monthly food allowance of P1,500.00 (Ibid,
L. Ballutay. p. 18). Narciso was with Annabelle at the hospital while
9 Id., at pp. 7273. the latter was in labor, “walking” her around and
569 massaging her belly (Ibid, p. 11). Narciso brought home
VOL. 705, SEPTEMBER 11, 2013 569 Christian Paulo to the rented apartment after Annabelle’s
Salas vs. Matusalem discharge from the hospital. People living in the same
apartment units were witnesses to Narciso’s delight to
father a son at his age which was his “look alike”. It was As a necessary consequence of the finding that
only after the 18th day when Annabelle refused to give him Christian Paulo is the son of defendant Narciso Salas, he is
Christian Paulo that Narciso withdrew his support to him entitled to support from the latter (Ilano vs. CA, supra).
and his mother.570 It “shall be demandable from the time the person who
570 SUPREME COURT REPORTS ANNOTATED has the right to recover the same needs it for maintenance
Salas vs. Matusalem x x.” (Art. 203, Family Code of the Philippines).10
Said testimony of Annabelle aside from having been _______________
corroborated by Grace Murillo, the owner of the apartment 10 Id., at pp. 8283.
which Narciso rented, was never rebutted on record. 571
Narciso did not present any evidence, verbal or VOL. 705, SEPTEMBER 11, 2013 571
documentary, to repudiate plaintiff’s evidence. Salas vs. Matusalem
In the cases of Lim vs. CA (270 SCRA 1) and Rodriguez Petitioner filed a motion for reconsideration but it was denied
vs. CA (245 SCRA 150), the Supreme Court made it clear by the CA.
that Article 172 of the Family Code is an adaptation of Hence, this petition submitting the following arguments:
Article 283 of the Civil Code. Said legal provision provides 1. THE VENUE OF THE CASE WAS IMPROPERLY LAID
that the father is obliged to recognize the child as his BEFORE THE REGIONAL TRIAL COURT OF CABANATUAN
natural child x x “3) when the child has in his favor any CITY CONSIDERING THAT BOTH PETITIONER AND
evidence or proof that the defendant is his father”. RESPONDENT ARE ACTUAL RESIDENTS OF BRGY.
In fact, in Ilano vs. CA (230 SCRA 242, 258259), it was MALAPIT, SAN ISIDRO, NUEVA ECIJA.
held that— 2. THE HONORABLE COURT OF APPEALS ERRED IN
“The last paragraph of Article 283 contains a PRONOUNCING THAT PETITIONER WAS AFFORDED THE
blanket provision that practically covers all the other FULL MEASURE OF HIS RIGHT TO DUE PROCESS OF LAW
cases in the preceding paragraphs. ‘Any other AND IN UPHOLDING THAT THE TRIAL COURT DID NOT
evidence or proof’ that the defendant is the father is GRAVELY ABUSE ITS DISCRETION AMOUNTING TO LACK
broad enough to render unnecessary the other OR EXCESS OF JURISDICTION WHEN IT DECIDED THE
paragraphs of this article. When the evidence INSTANT CASE WITHOUT AFFORDING PETITIONER THE
submitted in the action for compulsory recognition is RIGHT TO INTRODUCE EVIDENCE IN HIS DEFENSE.
not sufficient to meet [the] requirements of the first 3. THE HONORABLE COURT OF APPEALS ERRED IN
three paragraphs, it may still be enough under the HOLDING THAT THE FILIATION OF CHRISTIAN PAULO
last paragraph. This paragraph permits hearsay and WAS DULY ESTABLISHED PURSUANT TO ARTICLE 175 IN
reputation evidence, as provided in the Rules of RELATION TO ARTICLE 172 OF THE FAMILY CODE AND
Court, with respect to illegitimate filiation.”
EXISTING JURISPRUDENCE AND THEREFORE ENTITLED As to the denial of the motion for postponement filed by his
TO SUPPORT FROM THE PETITIONER.11 counsel for the resetting of the initial presentation of defense
We grant the petition. evidence on April 17, 1998, we find that it was not the first time
It is a legal truism that the rules on the venue of personal petitioner’s motion for postponement was denied by the trial
actions are fixed for the convenience of the plaintiffs and their court.
witnesses. Equally settled, however, is the principle that choosing Records disclosed that after the termination of the testimony
the venue of an action is not left to a plaintiff’s caprice; the matter of respondent’s last witness on November 29, 1996, the trial court
is regulated by the Rules of Court.12 as prayed for by the parties, set the continuation of hearing for
In personal actions such as the instant case, the Rules give the the reception of evidence for the defendant (petitioner) on
plaintiff the option of choosing where to file his complaint. January 27, February 3, and February 10, 1997. In the Order
_______________ dated December 17, 1996, petitioner was advised to be ready with
11 Id., at pp. 180181. his evidence at those hearing dates earlier scheduled. At the
12 Ang v. Ang, G.R. No. 186993, August 22, 2012, 678 SCRA hearing on January 27, 1997, petitioner’s former counsel, Atty.
Rolando S. Bala, requested for the can
699, 705, citing Hyatt Elevators and Escalators Corp. v. Goldstar
_______________
Elevators, Phils., Inc., 510 Phil. 467, 476; 473 SCRA 705, 714 13 1997 Rules of Civil Procedure, Rule 4, Section 2.
(2005).
14 Ang v. Ang, supra note 12, at pp. 705706, citing Baritua v.
572
Court of Appeals, 335 Phil. 12, 1516; 267 SCRA 331, 335 (1997).
572 SUPREME COURT REPORTS ANNOTATED
15 Fernandez v. International Corporate Bank, 374 Phil. 668,
Salas vs. Matusalem
677; 316 SCRA 326, 334 (1999), citing Rule 14, Section 4 of the
He can file it in the place (1) where he himself or any of them
pre1997 Rules of Court which provides that “[w]hen improper
resides, or (2) where the defendant or any of the defendants
venue is not objected to in a motion to dismiss, it is deemed
resides or may be found.13 The plaintiff or the defendant must be
waived.” The Complaint in this case was filed on May 26, 1995
residents of the place where the action has been instituted at the
and the Answer was filed on July 3, 1995.
time the action is commenced.14
573
However, petitioner raised the issue of improper venue for the
first time in the Answer itself and no prior motion to dismiss VOL. 705, SEPTEMBER 11, 2013 573
based on such ground was filed. Under the Rules of Court before Salas vs. Matusalem
the 1997 amendments, an objection to an improper venue must be cellation of the February 3 and 10, 1997 hearings in order to give
made before a responsive pleading is filed. Otherwise, it will be him time to prepare for his defense, which request was granted by
deemed waived.15 Not having been timely raised, petitioner’s the trial court which thus reset the hearing dates to March 3, 14
objection on venue is therefore deemed waived. and 17, 1997. On March 3, 1997, upon oral manifestation by Atty.
Bala and without objection from respondent’s counsel, Atty.
Feliciano Wycoco, the trial court again reset the hearing to March On April 17, 1998, petitioner and his counsel failed to appear
14 and 17, 1997. With the nonappearance of both petitioner and but the trial court received on April 16, 1998 an urgent motion to
Atty. Bala on March 14, 1997, the trial court upon oral cancel hearing filed by Atty. Villarosa. The reason given by the
manifestation by Atty. Wycoco declared their absence as a waiver latter was the scheduled hearing on the issuance of writ of
of their right to present evidence and accordingly deemed the case preliminary injunction in another case under the April 8, 1998
submitted for decision.16 Order issued by the RTC of Gapan, Nueva Ecija, Branch 36 in
On July 4, 1997, Atty. Bala withdrew as counsel for petitioner Civil Case No. 1946. But as clearly stated in the said order, it was
and Atty. Rafael E. Villarosa filed his appearance as his new the plaintiffs therein who requested the postponement of the
counsel on July 21, 1997. On the same date he filed entry of hearing and it behoved Atty. Villarosa to inform the RTC of
appearance, Atty. Villarosa filed a motion for reconsideration of Gapan that he had a previous commitment considering that the
the March 14, 1997 Order pleading for liberality and April 17, 1998 hearing was scheduled as early as February 16,
magnanimity of the trial court, without offering any explanation 1998. Acting on the motion for postponement, the trial court
for Atty. Bala’s failure to appear for the initial presentation of
denied for the second time petitioner’s motion for postponement.
their evidence. The trial court thereupon reconsidered its March
Even at the hearing of their motion for reconsideration of the
14, 1997 Order, finding it better to give petitioner a chance to
April 17, 1998 Order on September 21, 1998, Atty. Villarosa failed
present his evidence. On August 26, 1997, Atty. Villarosa received
to appear and instead filed another motion for postponement. The
a notice of hearing for the presentation of their evidence
trial court thus ordered that the case be submitted for decision
scheduled on September 22, 1997. On August 29, 1997, the trial
stressing that the case had long been pending and that petitioner
court received his motion requesting that the said hearing be
and his counsel have been given opportunities to present their
reset to October 10, 1997 for the reason that he had requested the
evidence. It likewise denied a second motion for reconsideration
postponement of a hearing in another case which was incidentally
filed by Atty. Villarosa, who arrived late during the hearing
scheduled on September 22, 23 and 24, 1997. As prayed for, the
thereof on December 4, 1998.18
trial court reset the hearing to October 10, 1997. On said date,
A motion for continuance or postponement is not a matter of
however, the hearing was again moved to December 15, 1997. On
right, but a request addressed to the sound discretion of the court.
February 16, 1998, the trial court itself reset the hearing to April
Parties asking for postponement have absolutely no right to
17, 1998 since it was unclear whether Atty. Wycoco received a
assume that their motions would be granted. Thus, they must be
copy of the motion.17
prepared on the day of the hearing.19 Indeed, an
_______________
_______________
16 Records, pp. 8183, 109, 111 and 113.
18 Id., at pp. 131138, 140 and 142146.
17 Id., at pp. 115126, 128 and 130.
19 Gochan v. Gochan, 446 Phil. 433, 454; 398 SCRA 323, 341
574
574 SUPREME COURT REPORTS ANNOTATED (2003), citing Tiomico v. Court of Appeals, 363 Phil. 558, 571; 304
Salas vs. Matusalem SCRA 216, 229 (1999); PepsiCola Products Phils., Inc. v. Court of
Appeals, 359 Phil. 859, 867; 299 SCRA 518, 525 (1998); Republic proceedings but failed to do so, he cannot complain of deprivation
of the Philippines v. Sandiganbayan, 361 Phil. 186, 196; 301 of due process. If the opportunity is
_______________
SCRA 237, 246 (1999) and Iriga Telephone Co., Inc. v. NLRC, 350
Phil. 245, 252; 286 SCRA 600, 606 (1998). 20 Memita v. Masongsong, G.R. No. 150912, May 28, 2007,
575 523 SCRA 244, 254, citing Rockwell Perfecto Gohu v. Spouses
VOL. 705, SEPTEMBER 11, 2013 575 Gohu, 397 Phil. 126, 135; 343 SCRA 114, 122 (2000).
Salas vs. Matusalem 21 Supra note 19.
order declaring a party to have waived the right to present 22 Id., at p. 572, citing Cing Hong So v. Tan Boon Kong, 53
evidence for performing dilatory actions upholds the trial court’s Phil. 437 (1929) and Suarez v. Court of Appeals, G.R. No. 91133,
duty to ensure that trial proceeds despite the deliberate delay and March 22, 1993, 220 SCRA 274, 279.
refusal to proceed on the part of one party.20 576
Atty. Villarosa’s plea for liberality was correctly rejected by 576 SUPREME COURT REPORTS ANNOTATED
the trial court in view of his own negligence in failing to ensure
Salas vs. Matusalem
there will be no conflict in his trial schedules. As we held
not availed of, it is deemed waived or forfeited without violating
in Tiomico v. Court of Appeals:21 the constitutional guarantee.23
Motions for postponement are generally frowned upon We now proceed to the main issue of whether the trial and
by Courts if there is evidence of bad faith, malice or appellate courts erred in ruling that respondent’s evidence
inexcusable negligence on the part of the movant. The sufficiently proved that her son Christian Paulo is the illegitimate
inadvertence of the defense counsel in failing to take note child of petitioner.
of the trial dates and in belatedly informing the trial court Under Article 175 of the Family Code of the Philippines,
of any conflict in his schedules of trial or court illegitimate filiation may be established in the same way and on
appearances, constitutes inexcusable negligence. It should the same evidence as legitimate children.
be borne in mind that a client is bound by his counsel’s Article 172 of the Family Code of the Philippines states:
conduct, negligence and mistakes in handling the case.22 The filiation of legitimate children is established by any
With our finding that there was no abuse of discretion in the of the following:
trial court’s denial of the motion for postponement filed by (1) The record of birth appearing in the civil register
petitioner’s counsel, petitioner’s contention that he was deprived or a final judgment; or
of his day in court must likewise fail. The essence of due process (2) An admission of legitimate filiation in a public
is that a party is given a reasonable opportunity to be heard and document or a private handwritten instrument and signed
submit any evidence one may have in support of one’s defense. by the parent concerned.
Where a party was afforded an opportunity to participate in the In the absence of the foregoing evidence, the legitimate
filiation shall be proved by:
(1) The open and continuous possession of the status of the sacraments on the dates so specified. They are not
of a legitimate child; or necessarily competent evidence of the veracity of entries therein
(2) Any other means allowed by the Rules of Court and with respect to the child’s paternity.30
special laws. (Underscoring supplied.) _______________
Respondent presented the Certificate of Live Birth 24(Exhibit 25 Cabatania v. Court of Appeals, 484 Phil. 42, 51; 441 SCRA
“A1”) of Christian Paulo Salas in which the name of petitioner 96, 103 (2004).
appears as his father but which is not signed by him. Admittedly, 26 Berciles, et al. v. GSIS, et al., 213 Phil. 48, 71; 128 SCRA
it was only respondent who filled up the entries and signed the
53, 77 (1984); Roces v. Local Civil Registrar of Manila, 102 Phil.
said document though she claims it
1050, 1054 (1958).
_______________
27 Reyes, et al. v. Court of Appeals, et al., 220 Phil. 116, 128
23 Memita v. Masongsong, supra note 20, at p. 253, citing Air
(1985), citing Intestate Estate of Pareja v. Pareja, 95 Phil. 167, 172
Phils. Corp. v. International Business Aviation Services Phils.,
(1954).
Inc., 481 Phil. 366, 386; 438 SCRA 51, 6667 (2004) and Tiomico
28 See Nepomuceno v. Lopez, G.R. No. 181258, March 18,
v. Court of Appeals, supra note 19, at pp. 570571; p. 228.
2010, 616 SCRA 145, 153 and Puno v. Puno Enterprises, Inc., G.R.
24 Records, p. 88.
No. 177066, September 11, 2009, 599 SCRA 585, 590591.
577
29 Records, p. 90.
VOL. 705, SEPTEMBER 11, 2013 577
30 Fernandez v. Fernandez, 416 Phil. 322, 339; 363 SCRA 811,
Salas vs. Matusalem
825826 (2001); Fernandez v. Court of Appeals, G.R. No. 108366,
was petitioner who supplied the information she wrote therein.
We have held that a certificate of live birth purportedly February 16, 1994, 230 SCRA 130, 136; Reyes, et al. v. Court of
identifying the putative father is not competent evidence of Appeals, et al., supranote 27; Macadangdang v. Court of Appeals,
paternity when there is no showing that the putative father had a No. L49542, September 12, 1980, 100 SCRA 73, 84.
hand in the preparation of the certificate.25 Thus, if the father did 578
not sign in the birth certificate, the placing of his name by the 578 SUPREME COURT REPORTS ANNOTATED
mother, doctor, registrar, or other person is incompetent evidence Salas vs. Matusalem
of paternity.26 Neither can such birth certificate be taken as a The rest of respondent’s documentary evidence consists of
recognition in a public instrument 27 and it has no probative value handwritten notes and letters, hospital bill and photographs
to establish filiation to the alleged father. 28 taken of petitioner and respondent inside their rented apartment
As to the Baptismal Certificate29 (Exhibit “B”) of Christian unit.
Paulo Salas also indicating petitioner as the father, we have ruled Pictures taken of the mother and her child together with the
that while baptismal certificates may be considered public alleged father are inconclusive evidence to prove
documents, they can only serve as evidence of the administration paternity.31 Exhibits “E” and “F”32 showing petitioner and
respondent inside the rented apartment unit thus have scant of petitioner contained a clear admission that he is the father of
evidentiary value. The Statement of Account 33(Exhibit “C”) from private respondent’s daughter and were signed by him. The Court
the Good Samaritan General Hospital where respondent herself therein considered the totality of evidence which established
was indicated as the payee is likewise incompetent to prove that beyond reasonable doubt that petitioner was indeed the father of
petitioner is the father of her child notwithstanding petitioner’s private respondent’s daughter. On the other hand, in Ilano v.
admission in his answer that he shouldered the expenses in the Court of Appeals,37 the Court sustained the appellate court’s
delivery of respondent’s child as an act of charity. finding that private respondent’s evidence to establish her
As to the handwritten notes34 (Exhibits “D” to “D13”) of filiation with and paternity of petitioner was overwhelming,
petitioner and respondent showing their exchange of affectionate particularly the latter’s public acknowledgment of his amorous
words and romantic trysts, these, too, are not sufficient to relationship with private respondent’s mother, and private
establish Christian Paulo’s filiation to petitioner as they were not respondent as his own child through acts and words, her
signed by petitioner and contained no statement of admission by testimonial evidence to that effect was fully supported by
petitioner that he is the father of said child. Thus, even if these documentary evidence. The Court thus ruled that respondent had
notes were authentic, they do not qualify under Article 172 (2) adduced sufficient proof of continuous possession of status of a
visàvis Article 175 of the Family Code which admits as spurious child.
competent evidence of illegitimate filiation an admission of Here, while the CA held that Christian Paulo Salas could not
filiation in a private handwritten instrument signed by the parent claim open and continuous possession of status of an illegitimate
concerned.35 child, it nevertheless considered the testimonial evidence
Petitioner’s reliance on our ruling in Lim v. Court of sufficient proof to establish his filiation to petitioner.
Appeals36 is misplaced. In the said case, the handwritten letters An illegitimate child is now also allowed to establish his
_______________ claimed filiation by “any other means allowed by the Rules of
31 Fernandez v. Court of Appeals, id., at pp. 135136, Court and special laws,” like his baptismal certificate, a judicial
citing Tan v. Trocio, A.C. No. 2115, November 27, 1990, 191 admission, a family Bible in which his name has been entered,
SCRA 764, 769. common reputation respecting his pedigree, admission by
32 Records, pp. 103104. silence, the testimonies of witnesses, and other kinds of proof
33 Id., at p. 92. admissible under Rule 130 of the Rules of Court. 38 Reviewing the
records, we find the totality of respondent’s evi
34 Id., at pp. 93102.
_______________
35 Nepomuceno v. Lopez, supra note 28. 37 G.R. No. 104376, February 23, 1994, 230 SCRA 242.
36 G.R. No. 112229, March 18, 1997, 270 SCRA 1, 57.
38 Gotardo v. Buling, G.R. No. 165166, August 15, 2012, 678
579
SCRA 436, 443, citing Cruz v. Cristobal, 529 Phil. 695, 710711;
VOL. 705, SEPTEMBER 11, 2013 579
498 SCRA 37, 51 (2006), Heirs of Ignacio Conti v. Court of
Salas vs. Matusalem
Appeals, 360 Phil. 536, 548549; 300 SCRA 345, 357 (1998) Merceditas (sic) (id., at p. 34) and does all what a father
and Trinidad v. Court of Appeals, 352 Phil. 12, 3233; 289 SCRA should do for his child — bringing home goodies, candies,
188, 206207 (1998); Uyguangco v. Court of Appeals, 258A Phil. toys and whatever he can bring her which a child enjoys
467, 472473; 178 SCRA 684, 689690 (1989). which Artemio gives to Merceditas (sic) (TSN, pp. 3839,
580 5/17/74) are positive evidence that Merceditas (sic) is the
580 SUPREME COURT REPORTS ANNOTATED child of Artemio and recognized by Artemio as such. Special
Salas vs. Matusalem attention is called to Exh. “E7” where Artemio was telling
dence insufficient to establish that petitioner is the father of Leoncia the need for a “frog test” to know the status of
Christian Paulo. Leoncia.
The testimonies of respondent and Murillo as to the Plaintiff pointed out that the support by Artemio for
circumstances of the birth of Christian Paulo, petitioner’s Leoncia and Merceditas (sic) was sometimes in the form of
financial support while respondent lived in Murillo’s apartment cash personally delivered to her by Artemio, thru Melencio,
and his regular visits to her at the said apartment, though replete thru Elynia (Exhs. “E2” and “E3”, and “D6”),
with details, do not approximate the “overwhelming evidence, 581
documentary and testimonial” presented in Ilano. In that case, we VOL. 705, SEPTEMBER 11, 2013 581
sustained the appellate court’s ruling anchored on the following Salas vs. Matusalem
factual findings by the appellate court which was quoted at length or thru Merceditas (sic) herself (TSN, p. 40, 5/17/74) and
in the ponencia: sometimes in the form of a check as the Manila Banking
It was Artemio who made arrangement for the delivery Corporation Check No. 81532 (Exh. “G”) and the signature
of Merceditas (sic) at the Manila Sanitarium and Hospital. appearing therein which was identified by Leoncia as that
Prior to the delivery, Leoncia underwent prenatal of Artemio because Artemio often gives her checks and
examination accompanied by Artemio (TSN, p. 33, 5/17/74). Artemio would write the check at home and saw Artemio
After delivery, they went home to their residence at EDSA sign the check (TSN, p. 49, 7/18/73). Both Artemio and
Nilda admitted that the check and signature were those of
in a car owned and driven by Artemio himself (id., at p. 36).
Artemio (TSN, p. 53, 10/17/77; TSN, p. 19, 10/9/78).
Merceditas (sic) bore the surname of “Ilano” since birth During the time that Artemio and Leoncia were living
without any objection on the part of Artemio, the fact that as husband and wife, Artemio has shown concern as the
since Merceditas (sic) had her discernment she had always father of Merceditas (sic). When Merceditas (sic) was in
known and called Artemio as her “Daddy” (TSN, pp. 2829, Grade 1 at the St. Joseph Parochial School, Artemio signed
10/18/74); the fact that each time Artemio was at home, he
the Report Card of Merceditas (sic) (Exh. “H”) for the
would play with Merceditas (sic), take her for a ride or fourth and fifth grading period(s) (Exh. “H1” and “H2”) as
restaurants to eat, and sometimes sleeping with
the parent of Merceditas (sic). Those signatures of Artemio
[were] both identified by Leoncia and Merceditas (sic) Finally, we note the Manifestation and Motion 41 filed by
because Artemio signed Exh. “H1” and “H2” at their petitioner’s counsel informing this Court that petitioner had died
residence in the presence of Leoncia, Merceditas (sic) and of on May 6, 2010.
Elynia (TSN, p. 57, 7/18/73; TSN, p. 28, 10/1/73). x x x. The action for support having been filed in the trial court
x x x x x x x x x when petitioner was still alive, it is not barred under Article 175
When Artemio run as a candidate in the Provincial (2)42 of the Family Code. We have also held that the death of the
Board of Cavite[,] Artemio gave Leoncia his picture with putative father is not a bar to the action commenced during his
the following dedication: “To Nene, with best regards, lifetime by one claiming to be his illegitimate child. 43 The rule on
Temiong”. (Exh. “I”). (pp. 1920, Appellant’s Brief) substitution of parties provided in Section 16, Rule 3 of the 1997
The mere denial by defendant of his signature is not Rules of Civil Procedure, thus applies.
sufficient to offset the totality of the evidence indubitably SEC. 16. Death of party; duty of counsel.—Whenever a
showing that the signature thereon belongs to him. The party to a pending action dies, and the claim is not
entry in the Certificate of Live Birth that Leoncia and _______________
Artemio was falsely stated therein as married does not 40 Cabatania v. Court of Appeals, supra note 25, at p. 50; pp.
mean that Leoncia is not appellee’s daughter. This 102103, citing Baluyut v. Baluyut, G.R. No. 33659, June 14,
particular entry was caused to be made by Artemio himself 1990, 186 SCRA 506, 513 and Constantino v. Mendez, G.R. No.
in order to avoid embarrassment.39 57227, May 14, 1992, 209 SCRA 18, 2324.
_______________
41 Rollo, pp. 212213.
39 Supra note 37, at pp. 255256. 42 ART. 175. x x x
582 The action must be brought within the same period
582 SUPREME COURT REPORTS ANNOTATED specified in Article 173, except when the action is based on
Salas vs. Matusalem the second paragraph of Article 172, in which case the
In sum, we hold that the testimonies of respondent and action may be brought during the lifetime of the alleged
Murillo, by themselves are not competent proof of paternity and parent.
the totality of respondent’s evidence failed to establish Christian 43 Mendoza v. Court of Appeals, 278 Phil. 687, 694; 201 SCRA
Paulo’s filiation to petitioner. 675, 682 (1991), citing Masecampo v. Masecampo, 11 Phil. 1, 3
Time and again, this Court has ruled that a high standard of (1908).
proof is required to establish paternity and filiation. An order for 583
recognition and support may create an unwholesome situation or
VOL. 705, SEPTEMBER 11, 2013 583
may be an irritant to the family or the lives of the parties so that
Salas vs. Matusalem
it must be issued only if paternity or filiation is established by
clear and convincing evidence.40 thereby extinguished, it shall be the duty of his counsel to
inform the court within thirty (30) days after such death of
the fact thereof, and to give the name and address of his 584
legal representative or representatives. Failure of counsel 584 SUPREME COURT REPORTS ANNOTATED
to comply with his duty shall be a ground for disciplinary Salas vs. Matusalem
action. Notes.―To be entitled to legal support, petitioner must, in
The heirs of the deceased may be allowed to be
proper action, first establish the filiation of the child, if the same
substituted for the deceased, without requiring the
is not admitted or acknowledged; Illegitimate children are
appointment of an executor or administrator and the court
entitled to support and successional rights but their filiation must
may appoint a guardian ad litem for the minor heirs.
be duly proved. (Dolina vs. Vallecera,638 SCRA 707 [2010])
The court shall forthwith order said legal representative
Time and again, this Court has ruled that a high standard of
or representatives to appear and be substituted within a
proof is required to establish paternity and filiation. An order for
period of thirty (30) days from notice.
support may create an unwholesome situation or may be an
If no legal representative is named by the counsel for
irritant to the family or the lives of the parties so that it must be
the deceased party, or if the one so named shall fail to
issued only if paternity or filiation is established by clear and
appear within the specified period, the court may order the
convincing evidence. (Perla vs. Baring, 685 SCRA 101 [2012])
opposing party, within a specified time to procure the
appointment of an executor or administrator for the estate ――o0o――
of the deceased and the latter shall immediately appear for
© Copyright 2018 Central Book Supply, Inc. All rights
and on behalf of the deceased. The court charges in
reserved.
procuring such appointment, if defrayed by the opposing
party, may be recovered as costs.
WHEREFORE, the petition for review
on certiorari is GRANTED. The Decision dated July 18, 2006 and
Resolution dated October 19, 2007 of the Court of Appeals in CA
G.R. CV No. 64379 are hereby REVERSED and SET ASIDE.
Civil Case No. 2124AF of the Regional Trial Court of
Cabanatuan City, Branch 26 is DISMISSED.
No pronouncement as to costs.
SO ORDERED.
Sereno (CJ., Chairperson), LeonardoDe Castro,
Bersamin and Reyes, JJ., concur.
Petition granted, judgment and resolution reversed and set
aside.
in a better position to assess and weigh the evidence presented
during trial. Settled too is the rule that the factual findings of the
appellate court sustaining those of the trial court are binding on
this Court, unless there is a clear showing that such findings are
tainted with arbitrariness, capriciousness or palpable error.
_______________
* FIRST DIVISION.
205
VOL. 751, FEBRUARY 18, 2015 205
People vs. Rosauro
Criminal Law; Dangerous Drugs Act; BuyBust Operations;
Decoy Solicitation; It is no defense to the perpetrator of a crime
that facilities for its commission were purposely placed in his way,
or that the criminal act was done at the “decoy solicitation” of
persons seeking to expose the criminal, or that detectives feigning
G.R. No. 209588. February 18, 2015.*
complicity in the act were present and apparently assisting its
PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs.ERIC commission.—The RTC and the CA both found the arrest of
accusedappellant to be the result of a legitimate entrapment
ROSAURO y BONGCAWIL, accusedappellant.
procedure, and we find nothing in the records as to warrant a
Remedial Law; Criminal Procedure; Appeals; Where there is
contrary finding. In People v. Bartolome, 690 SCRA 159 (2013),
no showing that the trial court overlooked or misinterpreted some
we had the occasion to discuss the legitimacy of a “decoy
material facts or that it gravely abused its discretion, the Supreme solicitation,” to wit: It is no defense to the perpetrator of a crime
Court (SC) will not disturb the trial court’s assessment of the facts that facilities for its commission were purposely placed in his
and the credibility of the witnesses since the Regional Trial Court way, or that the criminal act was done at the “decoy solicitation”
(RTC) was in a better position to assess and weigh the evidence of persons seeking to expose the criminal, or that detectives
presented during trial.—It is apropos to reiterate here that where feigning complicity in the act were present and apparently
there is no showing that the trial court overlooked or assisting its commission. Especially is this true in that class of
misinterpreted some material facts or that it gravely abused its cases where the office is one habitually committed, and the
discretion, the Court will not disturb the trial court’s assessment solicitation merely furnishes evidence of a course of conduct. As
of the facts and the credibility of the witnesses since the RTC was here, the solicitation of drugs from appellant by the informant
utilized by the police merely furnishes evidence of a course of duly established for a successful prosecution of offenses involving
conduct. The police received an intelligence report that appellant the illegal sale of dangerous or prohibited drugs, like shabu,
has been habitually dealing in illegal drugs. They duly acted on it under Section 5, Article II of R.A. No. 9165, to wit: (1) the identity
by utilizing an informant to effect a drug transaction with of the buyer and the seller, the object of the sale, and the
appellant. There was no showing that the informant induced the consideration; and (2) the delivery of the thing sold and payment
appellant to sell illegal drugs to him. therefor. Briefly, the delivery of the illicit drug to the poseur
Same; Same; Informants; As a rule, the informant is not buyer and the receipt of the marked money by the seller
presented in court for security reasons, in view of the need to successfully consummate the buybust transaction. What is
protect the informant from the retaliation of the culprit arrested material, therefore, is the proof that the transaction or sale
through his efforts.—Similarly, the presentation of an informant transpired, coupled with the presentation in court of the corpus
as witness is not regarded as indispensable to the success of a delicti.
prosecution of a drugdealing accused. As a rule, the informant is Same; Same; Same; Chain of Custody; The identity of the
not presented in court for security reasons, in view of the need to prohibited drug must be proved with moral certainty. It must also
protect the informant from the retaliation of the culprit arrested be established with the same degree of certitude that the substance
through his efforts. Thereby, the confidentiality of the informant’s
bought or seized during the buybust operation is the same item
identity is protected in deference to his invaluable services to law
offered in court as exhibit.—Indeed, as we held in People v.
enforcement. Only when the testimony of the informant is
considered absolutely essential in obtaining the conviction of the Torres, 697 SCRA 452 (2013), equally important in every
culprit should the need to protect his security be disregarded. In prosecution for illegal sale of dangerous or prohibited drugs is the
the present case, as the buybust operation was duly witnessed by presentation of evidence of the seized drug as the corpus delicti.
the Provincial AntiIllegal DrugsSpecial Operation Task Unit The identity of the prohibited drug must be proved with moral
(PAIDSOTU) elements led by SPO4 certainty. It must also be established with the same degree of
206 certitude that the substance bought or seized during the buybust
206 SUPREME COURT REPORTS ANNOTATED operation is the same item offered in court as exhibit. In this
People vs. Rosauro regard, paragraph 1, Section 21, Article II of R.A. No. 9165 (the
Lorenzo Larot (SPO4 Larot) and PO3 Juancho Dizon, their chain of custody rule) provides for safeguards for the protection of
testimonies can take the place of that of the confidential the identity and integrity of dangerous drugs seized.
informant. Same; Same; Chain of Custody; The prosecution’s failure to
Same; Same; BuyBust Operations; The delivery of the illicit submit in evidence the physical inventory and photograph of the
drug to the poseurbuyer and the receipt of the marked money by seized drugs as required under Article 21 of Republic Act (RA) No.
the seller successfully consummate the buybust transaction.—In a 9165, will not render the accused’s arrest illegal or the items
catena of cases, this Court laid down the essential elements to be seized from him inadmissible.—This Court has, in many cases,
held that while the chain of custody should ideally be perfect, in C.A.G.R. CRH.C. No. 00552MIN, which affirmed the
reality it is “almost always impossible to obtain an unbroken Judgment2 dated 24 November 2006 of the Regional Trial Court
chain.” The most important factor is the preservation of the (RTC), Cagayan de Oro City, Branch 25 in Criminal Case No.
integrity and the eviden 2004856, finding accusedappellant Eric Rosauro yBongcawil
207 (accusedappellant) guilty beyond reasonable doubt of illegal sale
VOL. 751, FEBRUARY 18, 2015 207 of shabu under Sec. 5, Article II of Republic Act No. 9165 (R.A.
People vs. Rosauro No. 9165) or the Comprehensive Dangerous Drugs Act of
tiary value of the seized items as they will be used to _______________
determine the guilt or innocence of the accused. Hence, the
prosecution’s failure to submit in evidence the physical inventory 1 Rollo, pp. 317; penned by Associate Justice Henri Jean
and photograph of the seized drugs as required under Article 21 Paul B. Inting, with Associate Justices Edgardo A. Camello and
of R.A. No. 9165, will not render the accused’s arrest illegal or the Jhosep Y. Lopez, concurring.
items seized from him inadmissible. The chain of custody is not
2 CA Rollo, pp. 7275; penned by Judge Noli T. Catli.
established solely by compliance with the prescribed physical
208
inventory and photographing of the seized drugs in the presence
208 SUPREME COURT REPORTS ANNOTATED
of the enumerated persons. The Implementing Rules and
Regulations of R.A. No. 9165 on the handling and disposition of People vs. Rosauro
seized dangerous drugs states: x x x Provided, further, that 2002, sentencing him to suffer the penalty of life
noncompliance with these requirements under justifiable imprisonment and ordering him to pay a fine of P500,000.00.
grounds, as long as the integrity and evidentiary value of the In an Amended Information dated 21 February 2005, 3accused
seized items are properly preserved by the apprehending appellant was charged with violation of Sec. 5, Art. II of R.A. No.
officer/team, shall not render void and invalid such seizures of 9165, to wit:
and custody over said items. That on the 3rd day of July, 2004 at about 5:30 o’clock in the
APPEAL from a decision of the Court of Appeals. afternoon, more or less, at Purok 3, Barangay Poblacion,
The facts are stated in the opinion of the Court. Municipality of Villanueva, Province of Misamis Oriental,
The Solicitor General for plaintiffappellee. Republic of the Philippines, and within the jurisdiction of this
Honorable Court, the above named accused, not being authorized
Public Attorney’s Office for accusedappellant.
by law to possess and to sell any dangerous drugs, knowingly,
willfully and feloniously, did then and there, sell and convey to a
PEREZ, J.:
third person, who acted as a decoy in a buybust operation, one (1)
sachet of shabu, containing 0.04 grams (sic) of shabu, which when
For the consideration of the Court is an appeal of the
Decision1 dated 19 June 2013 of the Court of Appeals (CA) in
examined gave POSITIVE result to test for the presence of Misamis Oriental conducted a testbuy operation in the
Methamphetamine Hydrochloride (Shabu), a dangerous drug.4 Municipality of Villanueva, Misamis Oriental using a confidential
agent. The confidential agent bought shabu from Rosauro
Upon rearraignment, accusedappellant pleaded not guilty to at Purok 2, Barangay Katipunan, Villanueva, Misamis Oriental.
the crime charged.5 Thereafter, pretrial and trial on the merits The substance bought from Rosauro was examined by the PNP
ensued. crime laboratory and yielded a positive result for
_______________ Methamphetamine Hydrochloride (commonly known as shabu).
On July 3, 2004, the police authorities received information
3 Records, p. 1; The Original Information dated 21 September that again drugs were being distributed
2004 reads:
at Purok 3, BarangayPoblacion, Villanueva, Misamis Oriental.
That on the 3rd day of July, 2004 at about 5:30 o’clock in the
Thus, at 5:30 o’clock in the afternoon, the Provincial AntiIllegal
afternoon, more or less, at Purok 3, Barangay Poblacion,
DrugsSpecial Operation Task Unit (PAIDSOTU) elements led
Municipality of Villanueva, Province of Misamis Oriental, by SPO4 Lorenzo Larot and PO3 Juancho Dizon positioned
Republic of the Philippines, and within the jurisdiction of this themselves in the house of their confidential agent.
Honorable Court, the above named accused, not being authorized There, the PAIDSOTU elements saw Rosauro negotiate with
by law to possess and to sell any dangerous drugs, knowingly, the confidential agent. In exchange for the one (1) sachet
willfully and feloniously did then and there sell and convey to a
of shabu given by Rosauro to the confidential agent, the latter
third person one (1) sachet of Shabu, containing 0.08 grams (sic)
gave him a marked 100peso bill with serial number YZ712579.
of shabu, which when examined gave POSITIVE result to the test After the transaction, Larot and Dizon came out of their
for the presence of Methamphetamine Hydrochloride (Shabu), a hiding place and arrested Rosauro. Thereafter, the confidential
dangerous drug. agent handed the sachet to Larot, who taped it, marked it with
4 Rollo, p. 6; CA Decision. the marking “Exhibit A,” and placed it inside his pocket. He also
5 CA Rollo, p. 72; RTC Judgment. took pictures of Rosauro and the drugs. In the police station, he
prepared a Certificate of Inventory and a Request for Laboratory
209 Examination. Both the drugs and Rosauro were then turned over
VOL. 751, FEBRUARY 18, 2015 209 to the Crime laboratory.
On the basis of the request made by Larot, Police Chief
People vs. Rosauro
Inspector Ma. Leocy Magabo, the Forensic Chemi
Based on the records, the prosecution’s version of the facts is
210
as follows:
210 SUPREME COURT REPORTS ANNOTATED
On October 13, 2002, on the basis of unconfirmed reports that
accusedappellant Eric Rosauro (Rosauro for brevity) was selling People vs. Rosauro
and distributing drugs, the Provincial Drug Enforcement Unit of
cal Officer of PNP Crime Laboratory conducted a laboratory _______________
examination on the contents of the sachet, on accusedappellant,
and the marked money. The examination of the seized item 6 Rollo, p. 35; CA Decision.
yielded positive result for methamphetamine hydrochloride 7 Id., at p. 5.
(shabu); while the accusedappellant and the marked money 211
tested positive for the presence of ultraviolet fluorescent powder. 6 VOL. 751, FEBRUARY 18, 2015 211
People vs. Rosauro
For his part, accusedappellant claims that he was merely a a penalty of life imprisonment and a fine of Five Hundred
victim of instigation: Thousand (Php500,000.00) Pesos and to pay the cost.
Accusedappellant Rosauro, on the other hand, tells a different The accused ERIC B. ROSAURO who has undergone
tale. He testified that on July 3, 2004, the police asset went to his preventive imprisonment shall be credited in the service of his
house four (4) times and convinced him to do an errand for him. sentence consisting of deprivation of liberty, with the full time
Rosauro refused to buy shabu as he did not know where to buy during which he has undergone preventive imprisonment if the
one. It was the confidential informant who told him to buy the detention prisoner agrees voluntarily in writing to abide by the
prohibited drug from a certain “Kael” and to deliver it to the same disciplinary rule imposed upon convicted prisoners, except
former’s house. It was also the informant who gave the money to those disqualified by law.
Rosauro to buy the shabu. But Rosauro was not able to meet or The sachet of shabu, Exh. “A” is confiscated and forfeited in
buy directly from Kael because it was a young man who got and favor of the government to be destroyed in accordance with law. 8
handed to him the shabu on the road. When Rosauro went to the
house of the confidential informant as instructed, he was arrested Accusedappellant appealed before the CA, assigning a lone
by SPO4 Larot and Dizon. The sachet of shabu was not even error:
recovered from him but from the confidential informant.7 I
THE COURT A QUO GRAVELY ERRED IN CONVICTING
Finding the evidence of the prosecution sufficient to establish THE ACCUSEDAPPELLANT WHEN HIS GUILT WAS NOT
the guilt of accusedappellant, the RTC rendered a judgment of PROVEN BEYOND REASONABLE DOUBT.9
conviction, viz.:
IN THE LIGHT OF THE FOREGOING, this Court hereby After a review of the records, the CA affirmed the RTC
renders Judgment finding accused ERIC Judgment. The appellate court ruled that what transpired in the
ROSAURO yBONGCAWIL, “guilty” beyond reasonable doubt of case at bar was an entrapment and not an instigation; 10that all
the crime charged in the information for selling and delivering a the elements of illegal sale of regulated or prohibited drugs were
duly proven;11 that the nonpresentation of the confidential agent
sachet of shabu to the poseurbuyer a Violation of Section 5,
in court is not fatal;12 that the inconsistencies in the testimony of
Article II of R.A. 9165 and imposes
the lone witness of the prosecution do not affect the result of the rule that the factual findings of the appellate court sustaining
case;13 and that the apprehending those of the trial court are binding on this Court, unless there is a
_______________ clear showing that such findings are tainted with arbitrariness,
capriciousness or palpable error.16
8 CA Rollo, pp. 7475; RTC Judgment. The RTC and the CA both found the arrest of accused
9 Id., at p. 49; Brief for the AccusedAppellant. appellant to be the result of a legitimate entrapment procedure,
and we find nothing in the records as to warrant a contrary
10 Rollo, p. 8; CA Decision.
finding. In People v. Bartolome,17 we had the occasion to discuss
11 Id., at pp. 1112.
the legitimacy of a “decoy solicitation,” to wit:
12 Id., at p. 12.
_______________
13 Id., at p. 13.
212 14 Id., at p. 15.
212 SUPREME COURT REPORTS ANNOTATED
15 Id., at p. 17.
People vs. Rosauro
16 People v. Vasquez, G.R. No. 200304, 15 January 2014, 714
SCRA 78, 101.
17 G.R. No. 191726, 6 February 2013, 690 SCRA 159, 172,
team was able to preserve the integrity of the subject drug and
citing People v. Sta. Maria, 545 Phil. 520, 528529; 516 SCRA 621,
that the prosecution was able to present the required unbroken
628 (2007).
chain in the custody of the subject drug.14Thus, the CA held:
213
WHEREFORE, the Judgment dated November 24, 2006 of
VOL. 751, FEBRUARY 18, 2015 213
the Regional Trial Court, Branch 25, Cagayan de Oro City in
Criminal Case No. 2004856 is hereby AFFIRMED.15 People vs. Rosauro
It is no defense to the perpetrator of a crime that facilities for
Accusedappellant is now before the Court seeking a review of its commission were purposely placed in his way, or that the
his conviction. criminal act was done at the “decoy solicitation” of persons
After a thorough review of the records, however, we dismiss seeking to expose the criminal, or that detectives feigning
the appeal. complicity in the act were present and apparently assisting its
It is apropos to reiterate here that where there is no showing commission. Especially is this true in that class of cases where
that the trial court overlooked or misinterpreted some material the office is one habitually committed, and the solicitation merely
facts or that it gravely abused its discretion, the Court will not furnishes evidence of a course of conduct.
disturb the trial court’s assessment of the facts and the credibility As here, the solicitation of drugs from appellant by the
of the witnesses since the RTC was in a better position to assess informant utilized by the police merely furnishes evidence of a
and weigh the evidence presented during trial. Settled too is the course of conduct. The police received an intelligence report that
appellant has been habitually dealing in illegal drugs. They duly wit: (1) the identity of the buyer and the seller, the object of the
acted on it by utilizing an informant to effect a drug transaction sale, and the consideration; and (2) the delivery of the thing sold
with appellant. There was no showing that the informant induced and payment therefor. Briefly, the delivery of the illicit drug to
the appellant to sell illegal drugs to him. the poseurbuyer and the receipt of the marked money by the
seller successfully consummate the buybust transaction. What is
Similarly, the presentation of an informant as witness is not material, therefore, is the proof that the transaction or sale
regarded as indispensable to the success of a prosecution of a transpired, coupled with the presentation in court of the corpus
drugdealing accused. As a rule, the informant is not presented in delicti.19
court for security reasons, in view of the need to protect the Verily, all the elements for a conviction of illegal sale of
informant from the retaliation of the culprit arrested through his dangerous or prohibited drugs were proven by the prosecution:
efforts. Thereby, the confidentiality of the informant’s identity is the identity of accusedappellant as the seller, and that of the
protected in deference to his invaluable services to law confidential informant as poseurbuyer were established, as well
enforcement. Only when the testimony of the informant is
as the exchange of the sachet of shabu and the marked money. It
considered absolutely essential in obtaining the conviction of the
was also ascertained that the seized item was positive for shabu,
culprit should the need to protect his security be disregarded. 18 In
the present case, as the buybust operation was duly witnessed by a dangerous drug, and that the same item was properly identified
the Provincial AntiIllegal DrugsSpecial Operation Task Unit in open court by SPO4 Larot. Moreover, the P100.00bill with
(PAIDSOTU) elements led by SPO4 Lorenzo Larot (SPO4 Larot) serial number YZ712579, or the subject marked money, as well as
and PO3 Juancho Dizon, their testimonies can take the place of the living body of the accusedappellant revealed a positive result
that of the confidential informant. for ultraviolet fluorescent powder.
As to whether accusedappellant’s guilt was established Accusedappellant avers that the prosecution was not able to
beyond reasonable doubt, we rule in the affirmative. prove the corpus delicti, and that the statutory safeguards
_______________ provided for in Sec. 21 of R.A. No. 9165 were not followed.
Indeed, as we held in People v. Torres,20 equally important in
18 Id., at p. 175. every prosecution for illegal sale of dangerous or prohibited drugs
214 is the presentation of evidence of the seized drug as the corpus
214 SUPREME COURT REPORTS ANNOTATED delicti. The identity of the prohibited drug must be proved with
People vs. Rosauro moral certainty. It must also be established with
In a catena of cases, this Court laid down the essential _______________
elements to be duly established for a successful prosecution of
offenses involving the illegal sale of dangerous or prohibited 19 People v. Torres, G.R. No. 191730, 5 June 2013, 697 SCRA
drugs, like shabu, under Section 5, Article II of R.A. No. 9165, to 452, 462463.
20 Id., at p. 464. important factor is the preservation of the integrity and the
215 evidentiary value of the seized items as they will be used to
VOL. 751, FEBRUARY 18, 2015 215 determine the guilt or innocence of the accused. Hence, the
prosecution’s failure to submit in evidence the physical inventory
People vs. Rosauro
and photograph of the seized drugs as required under
the same degree of certitude that the substance bought or
216
seized during the buybust operation is the same item offered in
court as exhibit. In this regard, paragraph 1, Section 21, Article II 216 SUPREME COURT REPORTS ANNOTATED
of R.A. No. 9165 (the chain of custody rule) provides for People vs. Rosauro
safeguards for the protection of the identity and integrity of Article 21 of R.A. No. 9165, will not render the accused’s
dangerous drugs seized, to wit: arrest illegal or the items seized from him inadmissible.21
SEC. 21. Custody and Disposition of Confiscated, Seized, The chain of custody is not established solely by compliance
with the prescribed physical inventory and photographing of the
and/or Surrendered Dangerous Drugs, Plant Sources of
seized drugs in the presence of the enumerated persons. The
Dangerous Implementing Rules and Regulations of R.A. No. 9165 on the
Drugs, Controlled Precursors and EssentialChemicals, Instrumen handling and disposition of seized dangerous drugs states:
ts/Paraphernalia and/or Laboratory Equipment.—The PDEA x x x Provided, further, that noncompliance with these
shall take charge and have custody of all dangerous drugs, plant requirements under justifiable grounds, as long as the integrity
sources of dangerous drugs, controlled precursors and essential and evidentiary value of the seized items are properly preserved
chemicals, as well as instruments/paraphernalia and/or by the apprehending officer/team, shall not render void and
laboratory equipment so confiscated, seized and/or surrendered, invalid such seizures of and custody over said items. 22 (Italics,
for proper disposition in the following manner: emphasis, underscoring omitted)
(1) The apprehending team having initial custody and control
of the drugs shall, immediately after seizure and confiscation, In the case at bar, after the sale was consummated, the
physically inventory and photograph the same in the presence of confidential informant gave the seized item to SPO4 Larot who
the accused or the person/s from whom such items were placed tape on the sachet and marked it “Exhibit A.” Upon
confiscated and/or seized, or his/her representative or counsel, a reaching the police station, SPO4 Larot executed the Certificate
representative from the media and the Department of Justice of Inventory, as well as the request for laboratory examination.
(DOJ), and any elected public official who shall be required to The request, the specimen, as well as the marked money and
sign the copies of the inventory and be given a copy thereof. accusedappellant were then brought to the PNP Crime
Laboratory for examination. They were received by SPO2 Ricardo
However, this Court has, in many cases, held that while the Maisog, the Receiving Clerk of the PNP Crime Laboratory Office,
chain of custody should ideally be perfect, in reality it is “almost who then forwarded them to Police Inspector Ma. Leocy Jabonillo
always impossible to obtain an unbroken chain.” The most
Magabo, the Forensic Chemical Officer of the PNP Crime Informants are usually not presented in court because of the
Laboratory.23 Moreover, the seized item was duly identified by need to hide their identity and preserve their invaluable service
SPO4 Larot in open court as the same item seized from accused to the police. (Id.)
appellant. ——o0o––—
Accusedappellant’s guilt having been established, we likewise _______________
affirm the penalty imposed by the RTC and the CA.
_______________ 24 Supra note 19 at p. 469.
© Copyright 2018 Central Book Supply, Inc. All rights
21 People v. Loks, G.R. No. 203433, 27 November 2013, 711 reserved.
SCRA 187, 196197.
22 Supra note 19 at pp. 465466.
23 Rollo, p. 15; CA Decision.
217
VOL. 751, FEBRUARY 18, 2015 217
People vs. Rosauro
Under the law, the offense of illegal sale of shabu carries with
it the penalty of life imprisonment to death and a fine ranging
from Five Hundred Thousand Pesos (P500,000.00) to Ten Million
Pesos (P10,000,000.00), regardless of the quantity and purity of
the substance.24 Thus, the RTC and CA were within bounds when
they imposed the penalty of life imprisonment and a fine of Five
Hundred Thousand Pesos (P500,000.00).
WHEREFORE, premises considered, the present appeal
is DISMISSED.
SO ORDERED.
Sereno (CJ., Chairperson), LeonardoDe Castro,
Bersamin and PerlasBernabe, JJ., concur.
Appeal dismissed.
Notes.—The presentation of an informant is not a requisite
for the prosecution of drug cases. (Quinicot vs. People, 590
SCRA 458 [2009])
“[o]bjects in the ‘plain view’ of an officer who has the right to be in
the position to have that view are subject to seizure and may be
presented as evidence.” “The doctrine is usually applied where a
G.R. No. 203984. June 18, 2014.* police officer is not searching for evidence against the accused,
PEOPLE OF THE PHILIPPINES, plaintiff but nonetheless inadvertently comes across an incriminating
appellee, vs.MEDARIO CALANTIAO y DIMALANTA, accused object x x x. [It] serves to supplement the prior justification —
appellant. whether it be a warrant for another object, hot pursuit, search
Constitutional Law; Criminal Procedure; Warrantless incident to lawful arrest, or some other legitimate reason for
being present unconnected with a search directed against the ac
Searches and Seizures; The purpose of allowing a warrantless
_______________
search and seizure incident to a lawful arrest is “to protect the
* FIRST DIVISION.
arresting officer from being harmed by the person arrested, who 21cused — and permits the warrantless seizure.” The Plain
might be armed with a concealed weapon, and to prevent the latter View Doctrine thus finds no applicability in Calantiao’s situation
from destroying evidence within reach.”—The purpose of allowing because the police officers purposely searched him upon his
a warrantless search and seizure incident to a lawful arrest is “to arrest. The police officers did not inadvertently come across the
protect the arresting officer from being harmed by the person black bag, which was in Calantiao’s possession; they deliberately
arrested, who might be armed with a concealed weapon, and to opened it, as part of the search incident to Calantiao’s lawful
prevent the latter from destroying evidence within reach.” It is arrest.
therefore a reasonable exercise of the State’s police power to Criminal Law; Dangerous Drugs Act; Chain of Custody
protect (1) law enforcers from the injury that may be inflicted on Rule; Marking; The failure to strictly comply with Section 21,
them by a person they have lawfully arrested; and (2) evidence
Article II of Republic Act (R.A.) No. 9165, such as immediately
from being destroyed by the arrestee. It seeks to ensure the safety
marking seized drugs, will not automatically impair the integrity
of the arresting officers and the integrity of the evidence under
the control and within the reach of the arrestee. of chain of custody because what is of utmost importance is the
Same; Same; Same; Plainview Doctrine; The Plain View preservation of the integrity and the evidentiary value of the seized
Doctrine is actually the exception to the inadmissibility of evidence items, as these would be utilized in the in the determination of the
obtained in a warrantless search incident to a lawful arrest guilt or innocence of the accused.—This Court has held that the
outside the suspect’s person and premises under his immediate failure to strictly comply with Section 21, Article II of Republic
Act No. 9165, such as immediately marking seized drugs, will not
control.—The Plain View Doctrine is actually the exception to the
automatically impair the integrity of chain of custody because
inadmissibility of evidence obtained in a warrantless search
what is of utmost importance is the preservation of the integrity
incident to a lawful arrest outside the suspect’s person and
and the evidentiary value of the seized items, as these would be
premises under his immediate control. This is so because
utilized in the determination of the guilt or innocence of the
accused. Section 21 and its IRR do not even mention “marking.” and frameup have been invariably viewed by this Court with
What they require are (1) physical inventory, and (2) taking of disfavor for it can easily be concocted and is a common and
photographs. As this Court held in People v. Ocfemia, 706 SCRA standard defense ploy in prosecutions for violation of Dangerous
312 (2013): What Section 21 of R.A. No. 9165 and its Drugs Act. In order to prosper, the defenses of denial and frame
implementing rule do not expressly specify is the matter of up must be proved with strong and convincing evidence. In the
“marking” of the seized items in warrantless seizures to ensure cases before us, appellant failed to present sufficient evidence in
that the evidence seized upon apprehension is the same evidence support of his claims. Aside from his selfserving assertions, no
subjected to inventory and photography when these activities are plausible proof was presented to bolster his allegations. Hence, as
undertaken at the police station rather than at the place of arrest. Calantiao failed to show clear and convincing evidence that the
Consistency with the “chain of custody” rule requires that the apprehending officers were stirred by illicit motive or failed to
“marking” of the seized items — to truly ensure that they are the properly perform their duties, their testimonies deserve full faith
same items that enter the chain and are eventually the ones and credit.
offered in evidence — should be done (1) in the presence of the APPEAL from a decision of the Court of Appeals.
apprehended violator (2) immediately upon confiscation. The facts are stated in the opinion of the Court.
Same; Same; Same; Unless it can be shown that there was The Solicitor General for plaintiffappellee.
bad faith, ill will, or tampering of the evidence, the presumption Public Attorney’s Office for accusedappellant.
that the integrity of the evidence has been preserved will remain.— LEONARDODE CASTRO, J.:
Unless it can be shown that there was bad faith, ill will, or This is an appeal from the January 17, 2012 Decision 1 of the
tampering of the evidence, the presumption that the integrity of Court of Appeals in C.A.G.R. CRH.C. No. 04069, affirming in
the evidence has been preserved will remain. The burden of toto the July 23, 2009 Decision2 of the Regional Trial
showing the foregoing to overcome the presumption that the _______________
police officers handled the seized 1 Rollo, pp. 218; penned by Associate Justice Amelita G.
22drugs with regularity, and that they properly discharged Tolentino with Associate Justices Ramon R. Garcia and Samuel
their duties is on Calantiao. Unfortunately, Calantiao failed to H. Gaerlan, concurring.
discharge such burden.
2 CA Rollo, pp. 2229; penned by Judge Victoriano B. Cabanos
Same; Same; Marking; Denial; FrameUp; The defenses of and docketed as Criminal Case No. 69566.
denial and frameup have always been frowned upon by the 23Court (RTC) of Caloocan City, Branch 127, finding accused
Supreme Court (SC).—His theory, from the very beginning, was appellant Medario Calantiao y Dimalanta (Calantiao) guilty
that he did not do it, and that he was being framed for having beyond reasonable doubt of violating Section 11, Article II of
offended the police officers. Simply put, his defense tactic was one Republic Act No. 9165 or the Comprehensive Dangerous Drugs
of denial and frameup. However, those defenses have always Act of 2002.
been frowned upon by the Court, to wit: The defenses of denial
On November 13, 2003, Calantiao was charged before the RTC armed men alighted therefrom, fired their guns towards them
of violation of Section 11, Article II of Republic Act No. 9165 in an (police officers) and ran away. PO1 Mariano and PO3 Ramirez
Information,3 the pertinent portion of which reads: chased them but they were subdued. PO1 Mariano recovered from
That on or about the 11th day of November, 2003 in Caloocan Calantiao a black bag containing two (2) bricks of dried
City, Metro Manila, Philippines and within the jurisdiction of this marijuana fruiting tops and a magazine of super 38 stainless with
Honorable Court, the above named accused, without any ammos, while PO3 Ramirez recovered from Calantiao’s
authority of law, did then and there willfully, unlawfully and companion [a] .38 revolver.
feloniously have in his possession, custody and control two (2) The suspects and the confiscated items were then turned over
bricks of dried marijuana fruiting tops with a total weight of to SPO3 PABLO TEMENA, police investigator at Bagong
997.9 grams, knowing the same to be a dangerous drug. BarrioPolice Station for investigation. Thereat, PO1 Mariano
The facts, as synthesized by the RTC and adopted by the marked the bricks of marijuana contained in a black bag with his
Court of Appeals, are as follows: initials, “NM.” Thereafter, said specimen were forwarded to the
EVIDENCE OF THE PROSECUTION PNP Crime Laboratory for chemical analysis. The result of the
On November 13, 2003[,] at around 5:30 x x x in the afternoon, examination conducted by P/SINSP. JESSSE DELA ROSA
while PO1 NELSON MARIANO and PO3 EDUARDO RAMIREZ revealed that the same was positive for marijuana, a dangerous
were on duty, a certain EDWIN LOJERA arrived at their office drug.
and asked for police assistance regarding a shooting incident. Per The foregoing testimony of PO1 MARIANO was corroborated
report of the latter, it appears that while driving a towing truck by PO3 RAMIREZ who testified that he personally saw those
and traversing along EDSA, Balintawak, Quezon City, he had a bricks of marijuana confiscated from the accused. He confirmed
traffic dispute (gitgitan) with a white taxi cab prompting him to that he was with PO1 Mariano when they apprehended said
follow said vehicle until they reached along 8th Avenue Street accused and his companion and testified that while PO1 Mariano
corner C3 Road, Caloocan City. Thereat, the passengers of said recovered from the accused a black bag containing marijuana, on
taxi cab, one of them was accused Calantiao, alighted and fired his part, he confiscated from accused’s companion a .38 revolver.
their guns. Surprised, Lojera could not do anything but continued MR. CRISENDO AMANSEC, the driver of the taxi where the
his driving until he reached a police station nearby where he suspects boarded was also presented in open court and testified as
reported the incident. to what he knows about the incident. He confirmed that on that
3 Records, p. A. date, two (2) persons boarded on his taxi and upon reaching C3
24 Road, they alighted and fired three (3) shots and ran away.
The police officers on duty then were PO1 NELSON 25
MARIANO and PO3 EDUARDO RAMIREZ. PO1 Mariano Aside from the oral testimonies of the witnesses, the
testified that they immediately responded to said complaint by prosecution also offered the following documentary evidence to
proceeding to 5th Avenue corner 8th Street, Caloocan City where boost their charge against the accused:
they found the white taxi. While approaching said vehicle, two
Exh. “A” – Request for Laboratory Examination dated Reyes were then handcuffed and were brought to the police
November 12, 2003 station. Thereat, they were subjected to body frisking
26and their wallets and money were taken. PO1 Mariano then
Exh. “B” – Physical Sciences Report No. D142303 dated
prepared some documents and informed them that they will be
November 12, 2003
charged for drugs. A newspaper containing marijuana was shown
Exh. “C1” – Picture of First brick of marijuana fruiting to them and said police officer told them that it would be
tops sufficient evidence against them. They were detained and
Exh. “C2” – Picture of Second brick of marijuana fruiting subjected to medical examination before they were submitted for
tops inquest at the prosecutor’s office.4
Ruling of the RTC
Exh. “D” – Referral Slip dated November 12, 2003
On July 23, 2009, the RTC rendered its Decision giving
Exh. “E” – Pinagsamang Sinumpaang Salaysay dated
credence to the prosecution’s case. The dispositive portion of the
November 12, 2003 of PO3 Eduardo Ramirez and PO1 Decision reads:
Nelson Mariano WHEREFORE, premises considered, judgment is hereby
Exh. “E1” – Their respective signatures rendered declaring accused MEDARIO CALANTIAO y
Exh. “F” – Sinumpaang Salaysay of Crisendo Amansec DIMALANTA, GUILTY BEYOND REASONABLE DOUBT of
(Erroneously marked as Exh. “E”) the offense of Violation of Section 11, Article II, R.A. 9165, for
illegally possessing 997.9 grams of marijuana fruiting tops.
EVIDENCE OF THE DEFENSE Henceforth, this Court hereby sentences him to suffer the penalty
The accused offered a different version of the story. According of life imprisonment and a fine of Five Hundred Thousand Pesos
to his testimony, this instant case originated from a traffic (Php500,000.00).5
mishap where the taxi he and his companion Rommel Reyes were In convicting Calantiao, the RTC held that the illegal drug
riding almost collided with another car. Reyes then opened the seized was admissible in evidence as it was discovered during a
window and made a “fuck you” sign against the persons on board body search after Calantiao was caught in flagrante delicto of
of that car. That prompted the latter to chase them and when possessing a gun and firing at the police officers. Moreover, the
they were caught in a traffic jam, PO1 Nelson Mariano, one of the RTC found all the elements of the offense to have been duly
persons on board of that other car alighted and kicked their taxi. established by the prosecution.6
Calantiao and Reyes alighted and PO1 Mariano slapped the latter Aggrieved, Calantiao appealed7 his conviction to the Court of
and uttered, “Putang ina mo bakit mo ako pinakyu hindi mo ba Appeals, assigning the following errors:
_______________
ako kilala?” Said police officer poked his gun again[st] Reyes and
when Calantiao tried to grab it, the gun fired. Calantiao and 4 CA Rollo, pp. 2324.
5 Id., at p. 29.
6 Id., at p. 28. 9 Rollo, pp. 710.
7 Records, p. 326. 28Finding that all the elements of the charge of illegal
27 possession of dangerous drugs to be present and duly
I proven,10 the Court of Appeals, on January 17, 2012, promulgated
THE COURT A QUO GRAVELY ERRED IN FINDING THE its Decision, affirming in toto the RTC’s ruling.
ACCUSEDAPPELLANT GUILTY BEYOND REASONABLE Undaunted, Calantiao is now before this Court praying for an
DOUBT FOR VIOLATION OF SECTION 11, ARTICLE II, acquittal, adding the following arguments in support of his
REPUBLIC ACT NO. 9165, NOTWITHSTANDING THE FACT position:
THAT THE ALLEGEDLY SEIZED ITEMS ARE INADMISSIBLE First, the plain view doctrine is not an exception to a search
IN EVIDENCE. incident to a valid warrantless arrest.
II x x x x
THE COURT A QUO GRAVELY ERRED IN CONVICTING THE Second, Calantiao did not waive the inadmissibility of the
ACCUSEDAPPELLANT DESPITE THE ARRESTING seized items.
OFFICERS’ PATENT NONCOMPLIANCE WITH THE x x x x
REQUIREMENTS FOR THE PROPER CUSTODY OF SEIZED Finally, the seized items’ custodial chain is broken.11
DANGEROUS DRUGS. In essence, Calantiao is questioning the admissibility of
III the marijuana found in his possession, as evidence against him
THE COURT A QUO GRAVELY ERRED IN CONVICTING THE on the grounds of either it was discovered via an illegal search, or
ACCUSEDAPPELLANT DESPITE THE PROSECUTION’S because its custodial chain was broken.
FAILURE TO PROVE THE PROPER CHAIN OF CUSTODY OF Ruling of this Court
THE SEIZED DANGEROUS DRUGS.8 This Court finds no merit in Calantiao’s arguments.
Ruling of the Court of Appeals Search and Seizure of
The Court of Appeals found no reason to overturn Calantiao’s Marijuana valid
conviction. It found that there was sufficient reason to justify a This Court cannot subscribe to Calantiao’s contention that the
warrantless arrest, as the police officers were acting on a marijuana in his possession cannot be admitted as evidence
legitimate complaint and had a reasonable suspicion that the against him because it was illegally discovered and seized, not
persons identified at the scene were the perpetrators of the having been within the apprehending officers’ “plain view.”12
offense. Likewise, the Court of Appeals held that the search and _______________
subsequent seizure of the marijuana in question was lawful and 10 Id., at p. 13.
valid, being incidental to a lawful arrest.9 11 Id., at pp. 3739.
_______________
12 CA Rollo, pp. 5052.
8 CA Rollo, p. 46.
29 Searches and seizure incident to a lawful arrest are 14 Id., at p. 251; pp. 5556.
governed by Section 13, Rule 126 of the Revised Rules of Criminal 30
Procedure, to wit: Moreover, in lawful arrests, it becomes both the duty and the
Section 13. Search incident to lawful arrest.—A person right of the apprehending officers to conduct a warrantless search
lawfully arrested may be searched for dangerous weapons or not only on the person of the suspect, but also in the permissible
anything which may have been used or constitute proof in the area within the latter’s reach. Otherwise stated, a valid arrest
commission of an offense without a search warrant. allows the seizure of evidence or dangerous weapons either on the
The purpose of allowing a warrantless search and seizure person of the one arrested or within the area of his immediate
incident to a lawful arrest is “to protect the arresting officer from control. The phrase “within the area of his immediate control”
being harmed by the person arrested, who might be armed with a
means the area from within which he might gain possession of a
concealed weapon, and to prevent the latter from destroying
weapon or destructible evidence. A gun on a table or in a drawer
evidence within reach.”13 It is therefore a reasonable exercise of
in front of one who is arrested can be as dangerous to the
the State’s police power to protect (1) law enforcers from the
arresting officer as one concealed in the clothing of the person
injury that may be inflicted on them by a person they have
arrested. (Citations omitted)
lawfully arrested; and (2) evidence from being destroyed by the
In Valeroso, however, the Court held that the evidence
arrestee. It seeks to ensure the safety of the arresting officers and
searched and seized from him could not be used against him
the integrity of the evidence under the control and within the
because they were discovered in a room, different from where he
reach of the arrestee.
was being detained, and was in a locked cabinet. Thus, the area
In Valeroso v. Court of Appeals,14 this Court had the occasion
searched could not be considered as one within his immediate
to reiterate the permissible reach of a valid warrantless search
control that he could take any weapon or destroy any evidence
and seizure incident to a lawful arrest, viz.: against him.15
When an arrest is made, it is reasonable for the arresting In the case at bar, the marijuana was found in a black bag in
officer to search the person arrested in order to remove any
Calantiao’s possession and within his immediate control. He could
weapon that the latter might use in order to resist arrest or effect
have easily taken any weapon from the bag or dumped it to
his escape. Otherwise, the officer’s safety might well be
destroy the evidence inside it. As the black bag containing
endangered, and the arrest itself frustrated. In addition, it is
the marijuana was in Calantiao’s possession, it was within the
entirely reasonable for the arresting officer to search for and seize
permissible area that the apprehending officers could validly
any evidence on the arrestee’s person in order to prevent its
conduct a warrantless search.
concealment or destruction.
_______________ Calantiao’s argument that the marijuana cannot be used as
evidence against him because its discovery was in violation of the
13 Valeroso v. Court of Appeals, 614 Phil. 236, 252; 598 SCRA
Plain View Doctrine, is misplaced.
41, 58 (2009).
The Plain View Doctrine is actually the exception to the 16 People v. Leangsiri, 322 Phil. 226, 248; 252 SCRA 213, 230
inadmissibility of evidence obtained in a warrantless search (1996).
incident to a lawful arrest outside the suspect’s person and 17 Valeroso v. Court of Appeals, supra note 13 at p. 253; p. 58,
_______________
citing People v. Cubcubin, Jr., 413 Phil. 249, 271272; 360 SCRA
15 Id., at p. 252; p. 57.
690, 709 (2001); People v. Leangsiri, supra at pp. 249250; p. 231.
31premises under his immediate control. This is so because
18 CA Rollo, p. 53.
“[o]bjects in the ‘plain view’ of an officer who has the right to be in
the position to have that view are subject to seizure and may be 32The pertinent provisions of Republic Act No. 9165 provide
presented as evidence.”16 “The doctrine is usually applied where a as follows:
police officer is not searching for evidence against the accused, Section 21. Custody and Disposition of Confiscated, Seized,
but nonetheless inadvertently comes across an incriminating and/or Surrendered Dangerous Drugs, Plant Sources of
object x x x. [It] serves to supplement the prior justification — Dangerous Drugs, Controlled Precursors and Essential
whether it be a warrant for another object, hot pursuit, search Chemicals, Instruments/Paraphernalia and/or Laboratory
incident to lawful arrest, or some other legitimate reason for
Equipment.—The PDEA shall take charge and have custody of all
being present unconnected with a search directed against the
dangerous drugs, plant sources of dangerous drugs, controlled
accused — and permits the warrantless seizure.”17
precursors and essential chemicals, as well as
The Plain View Doctrine thus finds no applicability in
instruments/paraphernalia and/or laboratory equipment so
Calantiao’s situation because the police officers purposely
confiscated, seized and/or surrendered, for proper disposition in
searched him upon his arrest. The police officers did not
the following manner:
inadvertently come across the black bag, which was in Calantiao’s
(1) The apprehending team having initial custody and
possession; they deliberately opened it, as part of the search
control of the drugs shall, immediately after seizure and
incident to Calantiao’s lawful arrest.
confiscation, physically inventory and photograph the same in the
presence of the accused or the person/s from whom such items
Inventory and Chain of
were confiscated and/or seized, or his/her representative or
Custody of Evidence
counsel, a representative from the media and the Department of
Calantiao claims that even if the search and seizure were Justice (DOJ), and any elected public official who shall be
validly effected, the marijuana is still inadmissible as evidence required to sign the copies of the inventory and be given a copy
against him for failure of the apprehending officers to comply thereof[.]
with the rules on chain of custody, as the item was marked at the Its Implementing Rules and Regulations state:
police station.18 SECTION 21. Custody and Disposition of Confiscated,
_______________
Seized and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory evidentiary value of the seized items, as these would be utilized in
Equipment.—The PDEA shall take charge and have custody of all the determination of the guilt or innocence of the accused. 19
dangerous drugs, plant sources of dangerous drugs, controlled Section 21 and its IRR do not even mention “marking.” What
precursors and essential chemicals, as well as they require are (1) physical inventory, and (2) taking of
instruments/paraphernalia and/or laboratory equipment so photographs. As this Court held in People v. Ocfemia:20
confiscated, seized and/or surrendered, for proper disposition in _______________
the following manner:33 19 People v. Ocfemia, G.R. No. 185383, September 25, 2013,
(a) The apprehending officer/team having initial custody and 706 SCRA 312.
control of the drugs shall, immediately after seizure and 20 Id.
confiscation, physically inventory and photograph the same in the 34
presence of the accused or the person/s from whom such items What Section 21 of R.A. No. 9165 and its implementing rule do
were confiscated and/or seized, or his/her representative or not expressly specify is the matter of “marking” of the seized
counsel, a representative from the media and the Department of items in warrantless seizures to ensure that the evidence seized
Justice (DOJ), and any elected public official who shall be upon apprehension is the same evidence subjected to inventory
required to sign the copies of the inventory and be given a copy and photography when these activities are undertaken at the
thereof; Provided, that the physical inventory and photograph police station rather than at the place of arrest. Consistency with
shall be conducted at the place where the search warrant is the “chain of custody” rule requires that the “marking” of the
served; or at the nearest police station or at the nearest office of seized items — to truly ensure that they are the same items that
the apprehending officer/team, whichever is practicable, in case of enter the chain and are eventually the ones offered in evidence —
warrantless seizures; Provided, further, that noncompliance should be done (1) in the presence of the apprehended violator (2)
with these requirements under justifiable grounds, as long immediately upon confiscation.
as the integrity and the evidentiary value of the seized The prosecution was able to establish the chain of custody of
items are properly preserved by the apprehending the seized marijuana from the time the police officers confiscated
officer/team, shall not render void and invalid such it, to the time it was turned over to the investigating officer, up to
seizures of and custody over said items[.] (Emphasis the time it was brought to the forensic chemist for laboratory
supplied) examination.21 This Court has no reason to overrule the RTC and
This Court has held that the failure to strictly comply the Court of Appeals, which both found the chain of custody of the
with Section 21, Article II of Republic Act No. 9165, such as seized drugs to have not been broken so as to render
immediately marking seized drugs, will not automatically impair the marijuana seized from Calantiao inadmissible in evidence.
the integrity of chain of custody because what is of utmost Furthermore, unless it can be shown that there was bad faith,
importance is the preservation of the integrity and the ill will, or tampering of the evidence, the presumption that the
integrity of the evidence has been preserved will remain. The
burden of showing the foregoing to overcome the presumption SO ORDERED.
that the police officers handled the seized drugs with regularity, Sereno (CJ., Chairperson), Bersamin, Villarama, Jr. and
and that they properly discharged their duties is on Calantiao. Reyes, JJ., concur.
Unfortunately, Calantiao failed to discharge such burden.22
Judgment affirmed.
It is worthy to note that these arguments were only raised by
_______________
Calantiao on his appeal. He himself admits this.23His
_______________ 24 People v. Lazaro, Jr., G.R. No. 186418, October 16, 2009,
604 SCRA 250, 269.
21 Rollo, p. 14.
25 People v. Valencia, 439 Phil. 561, 568; 390 SCRA 696, 702
22 People v. Amansec, G.R. No. 186131, December 14, 2011,
(2002).
662 SCRA 574, 594595.
36
23 Rollo, p. 40 Notes.—As an incident to the lawful arrest of the accused
35theory, from the very beginning, was that he did not do it, and after the consummation of the buybust operation, the arresting
that he was being framed for having offended the police officers. officers had the authority to search the person of the accused.
Simply put, his defense tactic was one of denial and frameup.
(People vs. Mantalaba, 654 SCRA 188 [2011])
However, those defenses have always been frowned upon by the
The “plain view” doctrine applies when the following
Court, to wit:
requisites concur: (a) the law enforcement officer in search of the
The defenses of denial and frameup have been invariably
evidence has a prior justification for an intrusion or is in a
viewed by this Court with disfavor for it can easily be concocted
position from which he can view a particular area; (b) the
and is a common and standard defense ploy in prosecutions for
discovery of evidence in plain view is inadvertent; (c) it is
violation of Dangerous Drugs Act. In order to prosper, the
immediately apparent to the officer that the item he observes may
defenses of denial and frameup must be proved with strong and
be evidence of a crime, contraband or otherwise subject to seizure.
convincing evidence. In the cases before us, appellant failed to
present sufficient evidence in support of his claims. Aside from (Miclat, Jr. vs. People, 656 SCRA 539 [2011])
his selfserving assertions, no plausible proof was presented to
bolster his allegations.24 ——o0o——
Hence, as Calantiao failed to show clear and convincing © Copyright 2018 Central Book Supply, Inc. All rights
evidence that the apprehending officers were stirred by illicit reserved.
motive or failed to properly perform their duties, their testimonies
deserve full faith and credit.25 G.R. No. 199689. March 12, 2014.*
WHEREFORE, premises considered, the Court PEOPLE OF THE PHILIPPINES, plaintiff
hereby AFFIRMS the January 17, 2012 Decision of the Court of appellee, vs. HERMANOS CONSTANTINO,
Appeals in C.A.G.R. CRH.C. No. 04069. JR. y BINAYUG, a.k.a.“JOJIT,” accusedappellant.
Criminal Law; Denials; Denial is an inherently weak _______________
defense, consistently viewed with disfavor by the courts, being a * FIRST DIVISION.
selfserving negative evidence.—Admittedly, denial is an 178stage, from the time of seizure/confiscation to receipt in
inherently weak defense, consistently viewed with disfavor by the the forensic laboratory to safekeeping to presentation in court for
courts, being a selfserving negative evidence. In view, however, destruction.—Section 1(b) of Dangerous Drugs Board Regulation
of the constitutional presumption that an accused is innocent No. 1, series of 2002, defines “chain of custody” as follows: Chain
until the contrary is proven beyond reasonable doubt, the burden of Custody means the duly recorded authorized movements and
lies on the prosecution to overcome such presumption by custody of seized drugs or controlled chemicals or plant sources of
presenting the required quantum of evidence. In so doing, the dangerous drugs or laboratory equipment of each stage, from the
prosecution must rest on its own merits and must not rely on the time of seizure/confiscation to receipt in the forensic laboratory to
weakness of the defense. safekeeping to presentation in court for destruction. Such record
Same; Dangerous Drugs Act; Illegal Sale of Shabu; In of movements and custody of seized item shall include the
prosecutions for illegal sale of shabu, what is material is the proof identity and signature of the person who held temporary custody
of the seized item, the date and time when such transfer of
that the transaction or sale actually took place, coupled with the
custody were made in the course of safekeeping and use in court
presentation in court of the corpus delicti as evidence.—In a as evidence, and the final disposition.
prosecution for the sale of a dangerous drug, the following
Same; Same; Same; Same; Links That Must be Established
elements must be proven: (1) the identity of the buyer and the
seller, the object, and the consideration; and (2) the delivery of the in the Chain of Custody in a BuyBust Situation.—The following
thing sold and the payment therefor. Simply put, “[in] links must be established in the chain of custody in a buybust
prosecutions for illegal sale of shabu, what is material is the proof situation: first, the seizure and marking, if practicable, of the
that the transaction or sale actually took place, coupled with the illegal drug recovered from the accused by the apprehending
presentation in court of the corpus delicti as evidence.” And in the officer; second, the turn over of the illegal drug seized by the
prosecution of these offenses, the primary consideration is to apprehending officer to the investigating officer; third, the turn
ensure that the identity and integrity of the seized drugs and over by the investigating officer of the illegal drug to the forensic
other related articles have been preserved from the time they chemist for laboratory examination; and fourth, the turn over and
were confiscated from the accused until their presentation as submission of the marked illegal drugs seized from the forensic
evidence in court. chemist to the court.
Same; Same; Evidence; Chain of Custody Rule; Words and Same; Same; Same; Same; Marking; Crucial in proving the
Phrases; Chain of Custody means the duly recorded authorized chain of custody is the marking of the seized dangerous drugs or
movements and custody of seized drugs or controlled chemicals or other related items immediately after they are seized from the
plant sources of dangerous drugs or laboratory equipment of each accused, for the marking upon seizure is the starting point in the
custodial link that succeeding handlers of the evidence will use as The Solicitor General for plaintiffappellee.
reference point.—The Court already emphasized in People v. Public Attorney’s Office for accusedappellant.
Zakaria, 686 SCRA 390 (2012), the importance of marking the
seized item right after seizure: Crucial in proving the chain of LEONARDODE CASTRO, J.:
custody is the marking of the seized dangerous drugs or other This appeal challenges the Decision[1] dated July 29, 2011 of
related items immediately after they are seized from the accused, the Court of Appeals in CAG.R. CRH.C. No. 03353, affirming the
for the marking upon seizure is the starting point in the custodial Decision[2] dated April 15, 2008 of the Regional Trial Court
link that succeeding handlers of the evidence will use as reference (RTC), Branch 5 of Tuguegarao City, Cagayan, in Criminal Case
point. Moreover, the value of marking of the evidence is to No. 10516, which found accusedappellant Hermanos
separate the marked evidence from the corpus of all other similar Constantino, Jr. y Binayug, a.k.a. “Jojit” (Constantino), guilty of
or related evidence from the time of seizure from the accused the crime of illegal sale of methamphetamine hydrochloride, more
until disposition at the end of criminal proceedings, obviating popularly known as shabu, under Article
switching, “planting” or contamination of evi ______________
179dence. A failure to mark at the time of taking of initial [1] Rollo, pp. 216; penned by Associate Justice Ricardo R.
custody imperils the integrity of the chain of custody that the law Rosario with Associate Justices Hakim S. Abdulwahid and
requires. Danton Q. Bueser, concurring.
Same; Same; Same; Same; The failure of the prosecution to [2] Records, pp. 143147; penned by Presiding Judge Jezarene
establish the evidence’s chain of custody is fatal to its case as the C. Aquino.
Court can no longer consider or even safely assume that the 180II, Section 5 of Republic Act No. 9165, otherwise known as
integrity and evidentiary value of the confiscated dangerous drug the Comprehensive Dangerous Drugs Act of 2002.
The Information[3] filed before the RTC charged Constantino,
were properly preserved.—The failure of the prosecution to
as follows:
establish the evidence’s chain of custody is fatal to its case as the
That on January 20, 2005, in the City of Tuguegarao, Province
Court can no longer consider or even safely assume that the
of Cagayan and within the jurisdiction of the Honorable Court,
integrity and evidentiary value of the confiscated dangerous drug
the abovenamed accused, without authority of law and without
were properly preserved. In light of the foregoing, Constantino is
permit to sell, transport, deliver and distribute dangerous drugs,
acquitted of the crime charged, not because the Court accords
did then and there willfully, unlawfully and feloniously sell,
credence to his defense of frameup, but because the prosecution
transport, distribute and deliver two (2) heatsealed transparent
failed to discharge its burden of proving his guilt beyond
plastic sachets containing 0.14 gram of Methamphetamine
reasonable doubt.
APPEAL from a decision of the Court of Appeals. Hydrochloride commonly known as “shabu,” a dangerous drug to
The facts are stated in the opinion of the Court. a member of the PNP, Tuguegarao City who acted as a poseur
buyer; that after receiving the two (2) plastic sachets, the poseur
buyer simultaneously handed to the accused the marked money Around 8:00 in the evening of the same day, the team
consisting of one (1) piece of FIVE HUNDRED PESO BILL proceeded to Reynovilla St., Caritan Centro, Tuguegarao City, the
(P500.00) with Serial No. QP278070 and five (5) pieces of ONE place where, according to the CI, Jojit was selling shabu. PO3
HUNDRED PESO BILL with Serial Nos. SM989053, PS724429, Domingo positioned himself beside a street light while the rest of
XM484584, BB048002, and EK6900025 or a total of P1,000.00 the team hid behind a nearby concrete fence. After waiting for
and this led to the apprehension of the accused and the about 45 minutes, Constantino arrived on board a tricycle. PO3
confiscation of the dangerous drug together with the buybust Domingo recognized Constantino as the Jojit described by the CI.
money by the said apprehending law enforcers of the Tuguegarao PO3 Domingo approached Constantino and asked him if he was
City Police Station who formed the buy bust team in coordination Jojit. When Constantino replied in the affirmative, PO3 Domingo
with the PDEA. next asked, “Mayroon ka bang stuff?” (“Do you have stuff?”) In
When arraigned on July 8, 2005, Constantino pleaded not response, Constantino inquired of PO3 Domingo how much he
guilty to the crime charged.[4] Thereafter, pretrial and trial on wanted to buy. PO3 Domingo said he wanted to buy P1,000.00
the merits ensued.
worth of shabu, simultaneously handing over the buybust money
Evidence for the prosecution presented the following version of
to Constantino, who, in turn, handed two plastic sachets to PO3
events:
Domingo. Thereupon, PO3 Domingo turned his cap backwards,
_______________
the prearranged signal for the consummated sale. Upon seeing
[3] Id., at p. 1. the signal, the other members of the buybust team approached
[4] Id., at p. 36. the scene at once and arrested Constantino, from whom SPO2
181 Taguiam recovered the buybust money.[6]
On January 20, 2005, at around 2:00 in the afternoon, Police _______________
Superintendent (P/Supt.) Mariano Rodriguez (Rodriquez), the [5] TSN, July 25, 2006, pp. 89.
Chief of Police of Tuguegarao City, received a report from a [6] Id., at pp. 1116.
confidential informant (CI) that a certain Jojit was selling illegal 182Thereafter, Constantino was brought to the police station
drugs in the said city. P/Supt. Rodriguez immediately formed a where the recovered drugs and money were turned over to the
buybust group composed of Senior Police Officer (SPO)2 Noel investigator, SPO2 Tamang.[7] The recovered drugs were then
Taguiam (Taguiam), SPO2 Alexander Tamang (Tamang), SPO1 marked with the initials “A1” and “A2.” The incident was
Arthur Blaquera (Blaquera), Police Officer (PO)3 Edwin recorded in the police blotter with an inventory of the recovered
Hernandez (Hernandez), and PO3 Rolando Domingo (Domingo). drugs and money.[8]
PO3 Domingo was designated as the poseurbuyer. The buybust Later that evening, at around ten o’clock, P/Supt. Rodriguez
money, consisting of one P500.00 bill and five P100.00 bills, were and SPO2 Tamang submitted to the Philippine National Police
dusted with fluorescent powder and their respective serial (PNP) Crime Laboratory Services, Camp Marcelo Adduru,
numbers were recorded in the police blotter.[5] Tuguegarao City, a request for laboratory examination of two
plastic sachets with white crystalline substance marked as “A1” bring out the shabu. Constantino answered that he did not know
and “A2” to determine the presence of dangerous drugs;[9] as what the men were talking about. The men then forced
well as both hands of Constantino, one piece P500.00 bill, and five Constantino into one of the vehicles. Inside the vehicle, one of the
pieces P100.00 bills, to determine the presence of the ultra violet men frisked and searched Constantino, and told him that he was
powder.[10] Per Chemistry Report No. D082005[11] and being arrested for selling shabu. The men, who were now
Physical Identification Report No. PI042005,[12] prepared by apparently police officers, brought Constantino to the Tuguegarao
Police Senior Inspector (P/SInsp.) Mayra Matote Madria, City Police Station. At the police station, the police officers took
[13]Forensic Chemist, the contents of the two plastic sachets Constantino’s cellphone and wallet. Also at the police station, one
tested positive for Methamphetamine Hydrochloride; while the of the arresting police officers brought out two pieces of plastic
other specimens tested positive for the presence of brightyellow sachets and money and turned it over to one of his companions.
ultraviolet fluorescent powder. At around 9:30 in the evening, the police officers brought
Constantino denied the accusation against him and asserted Constantino to the PNP Crime Laboratory, but nothing happened
that he was merely framedup. because he heard that the person who was supposed to conduct
According to Constantino, at around 8:00 in the evening on the examination was not around, so, Constantino was brought
January 20, 2005, he was enjoying a joyride with his friend, Jeff back to the police station.[14]
Abarriao, on the latter’s motorcycle, within the vicinity of Caritan
The following day, January 21, 2005, the police officers again
Centro. After 30 minutes, Constantino decided to go
brought Constantino to the PNP Crime Laboratory. Along the
_______________
way, one of the police escorts forced Constantino to hold a certain
[7] Id., at p. 17.
amount of money. Constantino tried to resist but he could not
[8] Id., at pp. 2122. really do anything because he was handcuffed. After his
[9] Records, p. 54; Exhibit “F.” examination, Constantino was detained and was told that he was
[10] Id., at p. 55; Exhibit “F1.” suspected of selling shabu.
[11] Id., at p. 56; Exhibit “D.” The RTC promulgated its Decision on April 15, 2008, finding
[12] Id., at p. 53; Exhibit “C.” Constantino guilty as charged. The trial court rejected the
[13] By the time P/SInsp. Madria testified before the RTC on arguments of the defense, thus:
October 7, 2005, she already got married and was using her 1. The Prosecution failed to give a detailed account of the
married name Mayra Matote Madria Tulauan. arrangement with the accused for the purchase of the shabu.
183home. While walking along Reyno or Reynovilla St., two _______________
vehicles suddenly stopped, one in front and the other behind him. [14] TSN, September 3, 2007, pp. 511.
Five men, all in civilian clothes, alighted from the two vehicles. 184
Two of the men held Constantino’s hands, while another poked a The Court’s response: The testimony of PO3 Domingo was
gun at him, asking him where he came from and ordering him to detailed enough, corroborated by other witnesses. It is the defense
that has failed to show in what crucial detail the prosecution’s b. Exhibit “F”: Dated January 20, 2005, a request to
account is wanting. the PNP Crime Lab Services
2. The police officers categorically admitted that they did not 185for the examination of “two plastic sachet (sic)
personally know the accused until they were at the alleged place with white crystalline substance marked A1 and
of transaction. A2”;
The Court’s response: Substantive law does not require this; the
rules of evidence do not. Did they know he was Jojit? Yes, from c. Exhibit “D”: Chemistry Report No. D
the description given the informant. Domingo asked whether he 082005 completed 21 January 2005
was Jojit. He answered “Yes.” reporting a qualitative examination of
3. The arresting officers failed to comply with the requirements the contents of two heatsealed sachets
of Article II, Section 21 of R.A. 9165 that requires that an marked as A1 NBT and A2 NBT and
inventory be taken and that photographs be taken of the items identifying the substance as
seized. “Methamphetamine Hydrochloride.”
The Court’s comment: The Police Blotter Entry No. 0270 5. There was no prior coordination with PDEA.
enumerates the items seized. This, the Court holds to be The Court’s response: None was needed. Exhibit “H” clearly
substantial compliance. Even assuming, without admitting, that evidences that SPO1 Blaquera was authorized to conduct anti
not all the requirements may not have been complied with, these drug operations. Domingo also answered the question about
omissions do not operate to exclude the evidence nor to cause coordination with PDEA when he testified: “During that time 3
suppression thereof. They are directory, not mandatory representatives of the Intelligence Operatives were deputized in
provisions. the PDEA in the persons of Noel Taguiam, Arthur Blaquera and
4. The chain of custody was not established with certainty. the Chief of Police.”
17 People v. Miranda, 560 Phil. 795, 810; 534 SCRA 552, 568
569 (2007).
18 See People v. Macabalang, 538 Phil. 136, 155; 508 SCRA
282, 300 (2006).
G.R. No. 181045. July 2, 2014.*
19 The imposition of the death penalty has been proscribed
SPOUSES EDUARDO and LYDIA SILOS, petitioners, vs.
with the effectivity of R.A. No. 9346, otherwise known as “An Act
PHILIPPINE NATIONAL BANK, respondent.
Prohibiting the imposition of Death Penalty in the Philippines.”
** Designated additional member per Raffle dated 8 August
2016. Remedial Law; Civil Procedure; Appeals; It is not the
function of the Supreme Court (SC) to reexamine or
reevaluate evidence adduced by the parties in the
392 proceedings below. The rule admits of certain well
392 SUPREME COURT REPORTS ANNOTATED recognized exceptions.—Before anything else, it must be
People vs. Dela Cruz said that it is not the function of the Court to reexamine or
reevaluate evidence adduced by the parties in the
Reyes, J., On Wellness Leave.
proceedings below. The rule admits of certain well
Judgment affirmed.
recognized exceptions, though, as when the lower courts’
Notes.—The lack of conclusive identification of the illegal
findings are not supported by the evidence on record or
drugs allegedly seized from petitioner due to the failure of the
are based on a misapprehension of facts, or when certain 619
relevant and undisputed facts were manifestly overlooked VOL. 728, JULY 2, 2014 619
that, if properly considered, would justify a different Silos vs. Philippine National Bank
conclusion. This case falls within such exceptions. the user by using a full disclosure of such cost with a view of
preventing the uninformed use of credit to the detriment of the
Banks and Banking; Interest Rates; In a number of decided national economy.”—Accordingly, petitioners are correct in
cases, the Supreme Court (SC) struck down provisions in credit arguing that estoppel should not apply to them, for “[e]stoppel
documents issued by Philippine National Bank (PNB) to, or cannot be predicated on an illegal act. As between the parties to a
required of, its borrowers which allow the bank to increase or contract, validity cannot be given to it by estoppel if it is
decrease interest rates “within the limits allowed by law at any prohibited by law or is against public policy.” It appears that by
its acts, respondent violated the Truth in Lending Act, or
time depending on whatever policy it may adopt in the future.”—A
Republic Act No. 3765, which was enacted “to protect x x x
not factors which influence the fixing of interest rates to be
citizens from a lack of awareness of the true cost of credit to the
imposed on him. Clearly, respondent’s method of fixing interest
user by using a full disclosure of such cost with a view of
rates based on onesided, indeterminate, and subjective criteria
preventing the uninformed use of credit to the detriment of the
such as profitability, cost of money, bank costs, etc. is arbitrary
national economy.” The law “gives a detailed enumeration of the
for there is no fixed standard or margin above or below these
specific information required to be disclosed, among which are the
considerations.
interest and other charges incident to the extension of credit.”
Same; Same; Any modification in the contract, such as the Section 4 thereof provides that a disclosure statement must be
interest rates, must be made with the consent of the contracting furnished prior to the consummation of the transaction.
parties.—Any modification in the contract, such as the interest Same; Same; Same; By requiring the petitioners to sign the
rates, must be made with the consent of the contracting parties. credit documents and the promissory notes in blank, and then
The minds of all the parties must meet as to the proposed
unilaterally filling them up later on, respondent violated the
modification, especially when it affects an important aspect of the
Truth in Lending Act, and was remiss in its disclosure
agreement. In the case of loan agreements, the rate of interest is
a principal condition, if not the most important component. Thus, obligations.—By requiring the petitioners to sign the credit
any modification thereof must be mutually agreed upon; documents and the promissory notes in blank, and then
otherwise, it has no binding effect. unilaterally filling them up later on, respondent violated the
Same; Same; Truth in Lending Act (R.A. No. 3765); The Truth in Lending Act, and was remiss in its disclosure
obligations.
Truth in Lending Act, or Republic Act (R.A.) No. 3765, was
Same; Same; Same; Loan and credit arrangements may be
enacted “to protect citizens from a lack of awareness of the true
made enticing by, or “sweetened” with, offers of low initial interest
cost of credit to
rates, but actually accompanied by provisions written in fine print rate of 12% per annum. This is the uniform ruling adopted in
that allow lenders to later on increase or decrease interest rates previous cases, including those cited here. The interests paid by
petitioners should be applied first to the payment of the
unilaterally, without the consent of the borrower, and depending
stipulated or legal and unpaid interest, as the case may be, and
on complex and subjective factors.—Loan and credit arrangements later, to the capital or principal. Respondent should then refund
may be made enticing by, or “sweetened” with, offers of low initial the excess amount of interest that it has illegally imposed upon
interest rates, but actually accompanied by provisions written in petitioners; “[t]he amount to be refunded refers to that paid by
fine print that allow lenders to later on increase or decrease petitioners when they had no obligation to do so.” Thus, the
interest rates unilaterally, without the consent of the borrower, parties’ original agreement stipulated the payment of 19.5%
and depending on complex and subjective factors. Because they interest; however, this rate was intended to apply only to the first
have been lured into these contracts by initially low interest promissory note which expired on November 21, 1989 and was
rates, borrowers get caught and stuck in the web of subsequent paid by petitioners; it was not intended to apply to the whole
steep rates and penalties, surcharges and the like. Being ordinary duration of the loan. Subsequent higher interest rates have been
individuals or entities, they naturally dread legal complications declared illegal; but because only the rates are found to be
and cannot afford court litiga improper, the obligation to pay interest subsists, the same to be
620 fixed at the legal rate of 12% per annum. However, the 12%
6 SUPREME COURT REPORTS ANNOTATED interest shall apply only until June 30, 2013. Starting July 1,
20 2013, the prevailing rate of interest shall be 6% per annum
Silos vs. Philippine National Bank pursuant to our ruling in Nacar v. Gallery Frames, 703 SCRA 439
tion; they succumb to whatever charges the lenders impose. (2013) and Bangko Sentral ng PilipinasMonetary Board Circular
At the very least, borrowers should be charged rightly; but then No. 799.
again this is not possible in a onesided credit system where the Remedial Law; Civil Procedure; Appeals; It is an elementary
temptation to abuse is strong and the willingness to rectify is principle in the subject of appeals that an appellee who does not
made weak by the eternal desire for profit.
himself appeal cannot obtain from the appellate court any
Same; Same; Starting July 1, 2013, the prevailing rate of
affirmative relief other than those granted in the decision of the
interest shall be 6% per annum pursuant to the Supreme Court’s
court below.—With regard to attorney’s fees, it was plain error for
(SC’s) ruling in Nacar v. Gallery Frames, 703 SCRA 439 (2013) the CA to have passed upon the issue since it was not raised by
and Bangko Sentral ng PilipinasMonetary Board Circular No. the petitioners in their appeal; it was the respondent that
799.—With regard to interest, the Court finds that since the improperly brought it up in
escalation clause is annulled, the principal amount of the loan is 621
subject to the original or stipulated rate of interest, and upon VOL. 728, JULY 2, 2014 621
maturity, the amount due shall be subject to legal interest at the Silos vs. Philippine National Bank
its appellee’s brief, when it should have interposed an choose whether to continue with or withdraw from the agreement
appeal, since the trial court’s Decision on this issue is adverse to if it discovers that what the other party has been doing all along
it. It is an elementary principle in the subject of appeals that an is improper or illegal.622
appellee who does not himself appeal cannot obtain from the 622 SUPREME COURT REPORTS ANNOTATED
appellate court any affirmative relief other than those granted in Silos vs. Philippine National Bank
the decision of the court below. x x x [A]n appellee, who is at the This Petition for Review on Certiorari 1 questions the May 8,
same time not an appellant, may on appeal be permitted to make 2007 Decision2 of the Court of Appeals (CA) in C.A.G.R. CV No.
counter assignments of error in ordinary actions, when the 79650, which affirmed with modifications the February 28, 2003
purpose is merely to defend himself against an appeal in which Decision3 and the June 4, 2003 Order4 of the Regional Trial Court
errors are alleged to have been committed by the trial court both (RTC), Branch 6 of Kalibo, Aklan in Civil Case No. 5975.
in the appreciation of facts and in the interpretation of the law, in Factual Antecedents
order to sustain the judgment in his favor but not when his
Spouses Eduardo and Lydia Silos (petitioners) have been in
purpose is to seek modification or reversal of the judgment, in
business for about two decades of operating a department store
which case it is necessary for him to have excepted to and
and buying and selling of readytowear apparel. Respondent
appealed from the judgment. Since petitioners did not raise the
Philippine National Bank (PNB) is a banking corporation
issue of reduction of attorney’s fees, the CA possessed no
organized and existing under Philippine laws.
authority to pass upon it at the instance of respondent. The ruling
To secure a oneyear revolving credit line of P150,000.00
of the trial court in this respect should remain undisturbed.
obtained from PNB, petitioners constituted in August 1987
a Real Estate Mortgage5 over a 370square meter lot in Kalibo,
PETITION for review on certiorari of a decision of the Court of
Aklan covered by Transfer Certificate of Title No. (TCT) T14250.
Appeals.
In July 1988, the credit line was increased to P1.8 million and the
The facts are stated in the opinion of the Court.
mortgage was correspondingly increased to P1.8 million. 6 And in
Stephen C. Arceño for petitioners. July 1989, a Supplement to the Existing Real Estate
Lyna B. BrotarloPasco for respondent. Mortgage7 was executed to cover the same credit line, which was
DEL CASTILLO, J.: increased to P2.5 million, and additional security was given in the
In loan agreements, it cannot be denied that the rate of form of a 134square meter lot covered by TCT T16208. In
interest is a principal condition, if not the most important addition, petitioners issued eight
component. Thus, any modification thereof must be mutually _______________
agreed upon; otherwise, it has no binding effect. Moreover, the 1 Rollo, pp. 945.
Court cannot consider a stipulation granting a party the option to
2 Id., at pp. 4764; penned by Associate Justice Francisco P.
prepay the loan if said party is not agreeable to the arbitrary
Acosta and concurred in by Executive Justice Arsenio J. Magpale
interest rates imposed. Premium may not be placed upon a
and Associate Justice Agustin S. Dizon.
stipulation in a contract which grants one party the right to
3 Records, pp. 361367; penned by Judge Niovady M. Marin. Board.”11 The Real Estate Mortgage agreement provided the same
4 Rollo, pp. 7273. right to increase or reduce interest rates “at any time depending
5 Records, p. 94. on whatever policy PNB may adopt in the future.”12
6 See Whereas Clause of Supplement to Existing Real Estate Petitioners religiously paid interest on the notes at the
Mortgage, id., at p. 10. following rates:
7 Id., at pp. 1011. 1. 1st Promissory Note dated July 24, 1989 — 19.5%;
623 _______________
VOL. 728, JULY 2, 2014 623 8 Rollo, p. 148.
Silos vs. Philippine National Bank 9 Records, pp. 4754.
Promissory Notes8 and signed a Credit Agreement.9This July 10 Id., at p. 47.
1989 Credit Agreement contained a stipulation on interest which 11 Id., at p. 192.
provides as follows: 12 Id., at p. 74, dorsal portion.
1.03. Interest. (a) The Loan shall be subject to interest 624
at the rate of 19.5% per annum. Interest shall be payable in 624 SUPREME COURT REPORTS ANNOTATED
advance every one hundred twenty days at the rate prevailing at Silos vs. Philippine National Bank
the time of the renewal. 2. 2nd Promissory Note dated November 22, 1989 — 23%;
(b) The Borrower agrees that the Bank may modify the 3. 3rd Promissory Note dated March 21, 1990 — 22%;
interest rate in the Loan depending on whatever policy 4. 4th Promissory Note dated July 19, 1990 — 24%;
the Bank may adopt in the future, including without 5. 5th Promissory Note dated December 17, 1990 — 28%;
limitation, the shifting from the floating interest rate system to 6. 6th Promissory Note dated February 14, 1991 — 32%;
the fixed interest rate system, or vice versa. Where the Bank has 7. 7th Promissory Note dated March 1, 1991 — 30%; and
imposed on the Loan interest at a rate per annum, which is equal 8. 8th Promissory Note dated July 11, 1991 — 24%.13
to the Bank’s spread over the current floating interest rate, the In August 1991, an Amendment to Credit
Borrower hereby agrees that the Bank may, without need Agreement14 was executed by the parties, with the following
of notice to the Borrower, increase or decrease its spread stipulation regarding interest:
over the floating interest rate at any time depending on 1.03. Interest on Line Availments. (a) The Borrowers
whatever policy it may adopt in the future.10 (Emphases agree to pay interest on each Availment from date of each
supplied) Availment up to but not including the date of full payment
The eight Promissory Notes, on the other hand, contained a thereof at the rate per annum which is determined by the
stipulation granting PNB the right to increase or reduce interest Bank to be prime rate plus applicable spread in effect as of
rates “within the limits allowed by law or by the Monetary the date of each Availment.15 (Emphases supplied)
The 9th up to the 17th promissory notes provide for the
Under this Amendment to Credit Agreement, petitioners payment of interest at the “rate the Bank may at any time without
issued in favor of PNB the following 18 Promissory Notes, notice, raise within the limits allowed by law x x x.”17 On the other
which petitioners settled — except the last (the note covering the hand, the 18th up to the 26thpromissory notes — including PN
principal) — at the following interest rates: 9707237, which is the 26th promissory note — carried the
1. 9th Promissory Note dated November 8, 1991 — 26%; following provision:
2. 10th Promissory Note dated March 19, 1992 — 25%; x x x For this purpose, I/We agree that the rate of interest
3. 11th Promissory Note dated July 11, 1992 — 23%; herein stipulated may be increased or decreased for the
4. 12th Promissory Note dated November 10, 1992 — 21%;
subsequent Interest Periods, with prior notice to the
5. 13th Promissory Note dated March 15, 1993 — 21%;
Borrower in the event of changes in interest rate
6. 14th Promissory Note dated July 12, 1993 — 17.5%;
prescribed by law or the Monetary Board of the Central
7. 15th Promissory Note dated November 17, 1993 — 21%;
Bank of the Philippines, or in the Bank’s overall cost of
_______________
13 Id., at pp. 192199. funds. I/We hereby agree that in the event I/we are not
14 Id., at pp. 5558. agreeable to the interest rate fixed for any Interest Period,
15 Id., at p. 56. I/we shall have the option to prepay the loan or credit
625 facility without penalty within ten (10)
VOL. 728, JULY 2, 2014 625 _______________
Silos vs. Philippine National Bank 16 Id., at pp. 174191.
8. 16th Promissory Note dated March 28, 1994 — 21%; 17 Id., at p. 191.
9. 17th Promissory Note dated July 13, 1994 — 21%; 626
10. 18th Promissory Note dated November 16, 1994 — 16%; 626 SUPREME COURT REPORTS ANNOTATED
11. 19th Promissory Note dated April 10, 1995 — 21%; Silos vs. Philippine National Bank
12. 20th Promissory Note dated July 19, 1995 — 18.5%; calendar days from the Interest Setting
13. 21st Promissory Note dated December 18, 1995 — Date.18 (Emphasis supplied)
18.75%; Respondent regularly renewed the line from 1990 up to
14. 22nd Promissory Note dated April 22, 1996 — 18.5%; 1997, and petitioners made good on the promissory notes,
15. 23rd Promissory Note dated July 22, 1996 — 18.5%; religiously paying the interests without objection or fail. But in
16. 24th Promissory Note dated November 25, 1996 — 18%; 1997, petitioners faltered when the interest rates soared due to
17. 25th Promissory Note dated May 30, 1997 — 17.5%; and the Asian financial crisis. Petitioners’ sole outstanding
18. 26th Promissory Note (PN 9707237) dated July 30, 1997 promissory note for P2.5 million — PN 9707237 executed in July
— 25%.16 1997 and due 120 days later or on October 28, 1997 —became
past due, and despite repeated demands, petitioners failed to the amount of P4,324,172.96.21 The sheriff’s certificate of sale was
make good on the note. registered on March 11, 1999.
Incidentally, PN 9707237 provided for the penalty equivalent More than a year later, or on March 24, 2000, petitioners filed
to 24% per annum in case of default, as follows: Civil Case No. 5975, seeking annulment of the foreclosure sale
Without need for notice or demand, failure to pay this note or and an accounting of the PNB credit. Petitioners theorized that
any installment thereon, when due, shall constitute default and after the first promissory note where they agreed to pay 19.5%
in such cases or in case of garnishment, receivership or interest, the succeeding stipulations for the payment of interest in
bankruptcy or suit of any kind filed against me/us by the Bank, their loan agreements with PNB — which allegedly left to the
the outstanding principal of this note, at the option of the Bank latter the sole will to determine the interest rate — became null
and without prior notice of demand, shall immediately become and void. Petitioners added that because the interest rates were
due and payable and shall be subject to a penalty charge of fixed by respondent without their prior consent or agreement,
twentyfour percent (24%) per annum based on the these rates are void, and as a result, petitioners should only be
defaulted principal amount. x x x19 (Emphasis supplied) made liable for interest at the legal rate of 12%. They claimed
PNB prepared a Statement of Account 20 as of October 12, further that they overpaid interests on the credit, and concluded
1998, detailing the amount due and demandable from petitioners that due to this overpayment of steep interest charges, their debt
in the total amount of P3,620,541.60, broken down as follows: should now be deemed paid, and the foreclosure and sale of TCTs
Principal P2,500,000.00 T14250 and T16208 became unnecessary and wrongful. As for
Interest 538,874.94 the imposed penalty of P581,666.66, petitioners alleged that since
_______________ the Real Estate Mortgage and the Supplement thereto did not
18 Id., at p. 174. include penalties as part of the secured amount, the same should
19 Id. be excluded from the foreclosure amount or bid price, even if such
20 Id., at p. 12. penalties are provided for in the final Promissory Note, or PN
627 9707237.22
In addition, petitioners sought to be reimbursed an alleged
VOL. 728, JULY 2, 2014 627
overpayment of P848,285.00 made during the period August 21,
Silos vs. Philippine National Bank 1991 to March 5, 1998, resulting from respondent’s impo
Penalties 581,666.66 _______________
Total P3,620,541.60
21 Id., at p. 13.
Despite demand, petitioners failed to pay the foregoing 22 Id., at pp. 6870.
amount. Thus, PNB foreclosed on the mortgage, and on January 628
14, 1999, TCTs T14250 and T16208 were sold to it at auction for 628 SUPREME COURT REPORTS ANNOTATED
Silos vs. Philippine National Bank
sition of the alleged illegal and steep interest rates. They also 25 Id., at p. 165.
prayed to be awarded P200,000.00 by way of attorney’s fees. 23 26 Id., at p. 149.
In its Answer,24 PNB denied that it unilaterally imposed or fixed 629
interest rates; that petitioners agreed that without prior notice,
VOL. 728, JULY 2, 2014 629
PNB may modify interest rates depending on future policy
Silos vs. Philippine National Bank
adopted by it; and that the imposition of penalties was agreed
all Promissory Notes she and Eduardo issued were always left in
upon in the Credit Agreement. It added that the imposition of
blank when they executed them, with respondent’s mere
penalties is supported by the allinclusive clause in the Real
assurance that it would be the one to enter or indicate thereon the
Estate Mortgage agreement which provides that the mortgage
prevailing interest rate at the time of availment; and that they
shall stand as security for any and all other obligations of
agreed to such arrangement. She further testified that the two
whatever kind and nature owing to respondent, which thus
Real Estate Mortgage agreements she signed did not stipulate the
includes penalties imposed upon default or nonpayment of the
payment of penalties; that she and Eduardo consulted with a
principal and interest on due date.
lawyer, and were told that PNB’s actions were improper, and so
On pretrial, the parties mutually agreed to the following
on March 20, 2000, they wrote to the latter seeking a
material facts, among others:
recomputation of their outstanding obligation; and when PNB did
a) That since 1991 up to 1998, petitioners had paid PNB the
not oblige, they instituted Civil Case No. 5975.27
total amount of P3,484,287.00;25 and
On crossexamination, Lydia testified that she has been in
b) That PNB sent, and petitioners received, a March 10, 2000
business for 20 years; that she also borrowed from other
demand letter.26
individuals and another bank; that it was only with banks that
During trial, petitioner Lydia Silos (Lydia) testified that the
she was asked to sign loan documents with no indicated interest
Credit Agreement, the Amendment to Credit Agreement, Real
rate; that she did not bother to read the terms of the loan
Estate Mortgage and the Supplement thereto were all prepared
documents which she signed; and that she received several PNB
by respondent PNB and were presented to her and her husband
statements of account detailing their outstanding obligations, but
Eduardo only for signature; that she was told by PNB that the
she did not complain; that she assumed instead that what was
latter alone would determine the interest rate; that as to the
written therein is correct.28
Amendment to Credit Agreement, she was told that PNB would
For his part, PNB Kalibo Branch Manager Diosdado Aspa, Jr.
fill up the interest rate portion thereof; that at the time the
(Aspa), the sole witness for respondent, stated on cross
parties executed the said Credit Agreement, she was not informed
examination that as a practice, the determination of the prime
about the applicable spread that PNB would impose on her
rates of interest was the responsibility solely of PNB’s Treasury
account; that the interest rate portion of
Department which is based in Manila; that these prime rates
_______________
were simply communicated to all PNB branches for
23 Id., at p. 71.
implementation; that there are a multitude of considerations
24 Id., at pp. 3743.
which determine the interest rate, such as the cost of money, While it may be acceptable, for practical reasons given the
foreign currency values, PNB’s spread, bank administrative costs, fluctuating economic conditions, for banks to stipulate that
profitability, and the practice in the banking industry; that in interest rates on a loan not be fixed and instead be made
every repricing of each loan availment, the borrower has the right dependent upon prevailing market conditions, there should
to question the rates, but that this was always be a reference rate upon which to peg such variable
_______________ interest rates. An example of such a valid variable interest rate
27 Rollo, pp. 5152. was found in Polotan, Sr. v. Court of Appeals. In that case, the
28 Id., at p. 52. contractual provision stating that “if there occurs any change in
630 the prevailing market rates, the new interest rate shall be the
630 SUPREME COURT REPORTS ANNOTATED guiding rate in computing the interest due on the outstanding
obligation without need of serving notice to the Cardholder other
Silos vs. Philippine National Bank
than the required posting on the monthly statement served to the
not done by the petitioners; and that anything that is not found in
Cardholder” was considered valid. The aforequoted provision was
the Promissory Note may be supplemented by the Credit
upheld notwithstanding that it may partake of the nature of an
Agreement.29
escalation clause, because at the same time it provides for
Ruling of the Regional Trial Court
the decrease in the interest rate in case the prevailing
On February 28, 2003, the trial court rendered judgment
dismissing Civil Case No. 5975.30 It ruled that: market rates dictate its reduction. In other words, unlike the
1. While the Credit Agreement allows PNB to unilaterally stipulation subject of the instant case, the interest rate
increase its spread over the floating interest rate at any time 631
depending on whatever policy it may adopt in the future, it VOL. 728, JULY 2, 2014 631
likewise allows for the decrease at any time of the same. Thus, Silos vs. Philippine National Bank
such stipulation authorizing both the increase and decrease of 2. Banks are allowed to stipulate that interest rates on
interest rates as may be applicable is valid, 31 as was held in loans need not be fixed and instead be made dependent on
Consolidated Bank and Trust Corporation (SOLIDBANK) v. prevailing rates upon which to peg such variable interest rates; 33
Court of Appeals;32 3. The Promissory Note, as the principal contract evidencing
_______________ petitioners’ loan, prevails over the Credit Agreement and the Real
29 Id., at pp. 5253. Estate Mortgage. As such, the rate of interest, penalties and
30 Records, pp. 361367; penned by Judge Niovady M. Marin. attorney’s fees stipulated in the Promissory Note prevail over
31 Id., at pp. 365366. those mentioned in the Credit Agreement and the Real Estate
32 408 Phil. 803, 811812; 356 SCRA 671, 679 (2001). The Mortgage agreements;34
Court therein held: 4. Roughly, PNB’s computation of the total amount of
petitioners’ obligation is correct;35
5. Because the loan was admittedly due and demandable, the WHEREFORE, judgment is hereby rendered upholding the
foreclosure was regularly made;36 validity of the interest rate charged by the respondent as well as
6. By the admission of petitioners during pretrial, all the extrajudicial foreclosure proceedings and the Certificate of
payments made to PNB were properly applied to the principal, Sale. However, respondent is directed to refund to the petitioner
interest and penalties.37 the amount of P356,589.90 representing the excess interest
The dispositive portion of the trial court’s Decision reads: charged against the latter.
IN VIEW OF THE FOREGOING, judgment is hereby No pronouncement as to costs.
rendered in favor of the respondent and against the petitioners by SO ORDERED.40
DISMISSING the latter’s petition. Ruling of the Court of Appeals
Costs against the petitioners. Petitioners appealed to the CA, which issued the questioned
_______________ Decision with the following decretal portion:
involved in the Polotan case is designed to be based on the WHEREFORE, in view of the foregoing, the instant appeal is
prevailing market rate. On the other hand, a stipulation PARTLY GRANTED. The modified Decision of the Regional Trial
ostensibly signifying an agreement to “any increase or decrease in Court per Order dated June 4, 2003 is hereby AFFIRMED with
the interest rate,” without more, cannot be accepted by this Court MODIFICATIONS, to wit:
as valid for it leaves solely to the creditor the determination of 1. [T]hat the interest rate to be applied after the expiration
what interest rate to charge against an outstanding loan. of the first 30day interest period for PN No. 9707237 should be
(Emphasis supplied) 12% per annum;
33 Records, p. 365. 2. [T]hat the attorney’s fees of 10% is valid and binding; and
34 Id., at p. 366. _______________
35 Id. 38 Id.
36 Id. 39 Rollo, pp. 7273.
37 Id., at p. 367. 40 Id., at p. 73.
632 633
632 SUPREME COURT REPORTS ANNOTATED VOL. 728, JULY 2, 2014 633
Silos vs. Philippine National Bank Silos vs. Philippine National Bank
SO ORDERED. 38 3. [T]hat [PNB] is hereby ordered to reimburse [petitioners]
Petitioners moved for reconsideration. In an Order39dated the excess in the bid price of P377,505.99 which is the difference
June 4, 2003, the trial court granted only a modification in the between the total amount due [PNB] and the amount of its bid
award of attorney’s fees, reducing the same from 10% to 1%. price.
Thus, PNB was ordered to refund to petitioner the excess in SO ORDERED.41
attorney’s fees in the amount of P356,589.90, viz.: On the other hand, respondent did not appeal the June 4,
2003 Order of the trial court which reduced its award of
attorney’s fees. It simply raised the issue in its appellee’s brief in inclusion of the PN 9707237 — stipulated 24% penalty in the
the CA, and included a prayer for the reversal of said Order. amount to be secured by the mortgaged property, thus —
In effect, the CA limited petitioners’ appeal to the following For and in consideration of certain loans, overdrafts and other
issues: credit accommodations obtained from the MORTGAGEE and to
1) Whether x x x the interest rates on petitioners’ outstanding secure the payment of the same and those others that the
obligation were unilaterally and arbitrarily imposed by PNB; MORTGAGEE may extend to the MORTGAGOR, including
2) Whether x x x the penalty charges were secured by the real interest and expenses, and other obligations owing by the
estate mortgage; and MORTGAGOR to the MORTGAGEE, whether direct or
3) Whether x x x the extrajudicial foreclosure and sale are indirect, principal or secondary, as appearing in the
valid.42 accounts, books and records of the MORTGAGEE, the
The CA noted that, based on receipts presented by petitioners MORTGAGOR does hereby transfer and convey by way of
during trial, the latter dutifully paid a total of P3,027,324.60 in mortgage unto the MORTGAGEE x x x.43 (Emphasis supplied)
interest for the period August 7, 1991 to August 6, 1997, over and The CA believes that the 24% penalty is covered by the
above the P2.5 million principal obligation. And this is exclusive
phrase “and other obligations owing by the mortgagor to the
of payments for insurance premiums, documentary stamp taxes,
and penalty. All the while, petitioners did not complain nor object mortgagee” and should thus be added to the amount secured by
to the imposition of interest; they in fact paid the same religiously the mortgages.44The CA then proceeded to declare valid the
and without fail for seven years. The appellate court ruled that foreclosure and sale of properties covered by TCTs T14250 and T
petitioners are thus estopped from questioning the same. 16208, which came as a necessary result of petitioners’ failure to
The CA nevertheless noted that for the period July 30, 1997 to pay the outstanding obligation upon demand. 45 The CA saw fit to
August 14, 1997, PNB wrongly applied an interest increase the trial court’s award of 1% to 10%, finding the latter
_______________ rate to be reasonable and citing the Real Estate Mortgage
agreement which authorized the collection of the higher rate.46
41 Id., at pp. 6364.
_______________
42 Id., at p. 55. 43 Records, p. 74.
634
44 Rollo, p. 61.
634 SUPREME COURT REPORTS ANNOTATED
45 Id., at pp. 6162.
Silos vs. Philippine National Bank
46 Id., at p. 62.
rate of 25.72% instead of the agreed 25%; thus it overcharged
petitioners, and the latter paid, an excess of P736.56 in interest.
635
On the issue of penalties, the CA ruled that the express tenor
VOL. 728, JULY 2, 2014 635
of the Real Estate Mortgage agreements contemplated the
Silos vs. Philippine National Bank
Finally, the CA ruled that petitioners are entitled to 636 SUPREME COURT REPORTS ANNOTATED
P377,505.09 surplus, which is the difference between PNB’s bid Silos vs. Philippine National Bank
price of P4,324,172.96 and petitioners’ total computed obligation RATE OF THE ADMITTED PAYMENTS MADE BY
as of January 14, 1999, or the date of the auction sale, in the PETITIONER[S] FROM 19911998 IN THE ADMITTED TOTAL
amount of P3,946,667.87.47 AMOUNT OF P3,484,287.00, TO PAYMENT OF THE
Hence, the present Petition. PRINCIPAL OF P2,500,000.[00] LEAVING AN OVERPAYMENT
Issues OF P984,287.00 REFUNDABLE BY RESPONDENT TO
The following issues are raised in this Petition: PETITIONER[S] WITH INTEREST OF 12% PER ANNUM.
I II
A. THE COURT OF APPEALS AS WELL AS THE LOWER THE COURT OF APPEALS AND THE LOWER COURT
COURT ERRED IN NOT NULLIFYING THE INTEREST RATE ERRED IN HOLDING THAT PENALTIES ARE INCLUDED IN
PROVISION IN THE CREDIT AGREEMENT DATED JULY 24, THE SECURED AMOUNT, SUBJECT TO FORECLOSURE,
1989 X X X AND IN THE AMENDMENT TO CREDIT WHEN NO PENALTIES ARE MENTIONED [NOR] PROVIDED
AGREEMENT DATED AUGUST 21, 1991 X X X WHICH LEFT FOR IN THE REAL ESTATE MORTGAGE AS A SECURED
TO THE SOLE UNILATERAL DETERMINATION OF THE AMOUNT AND THEREFORE THE AMOUNT OF PENALTIES
RESPONDENT PNB THE ORIGINAL FIXING OF INTEREST SHOULD HAVE BEEN EXCLUDED FROM [THE]
RATE AND ITS INCREASE, WHICH AGREEMENT IS FORECLOSURE AMOUNT.
CONTRARY TO LAW, ART. 1308 OF THE [NEW CIVIL CODE], III
AS ENUNCIATED IN PONCIANO ALMEIDA V. COURT OF THE COURT OF APPEALS ERRED IN REVERSING THE
APPEALS, G.R. [NO.] 113412, APRIL 17, 1996, AND RULING OF THE LOWER COURT, WHICH REDUCED THE
CONTRARY TO PUBLIC POLICY AND PUBLIC INTEREST, ATTORNEY’S FEES OF 10% OF THE TOTAL INDEBTEDNESS
AND IN APPLYING THE PRINCIPLE OF ESTOPPEL ARISING CHARGED IN THE X X X EXTRAJUDICIAL FORECLOSURE
FROM THE ALLEGED DELAYED COMPLAINT OF TO ONLY 1%, AND [AWARDING] 10% ATTORNEY’S FEES.48
PETITIONER[S], AND [THEIR] PAYMENT OF THE INTEREST Petitioners’ Arguments
CHARGED. Petitioners insist that the interest rate provision in the Credit
B. CONSEQUENTLY, THE COURT OF APPEALS AND THE Agreement and the Amendment to Credit Agreement should be
LOWER COURT ERRED IN NOT DECLARING THAT PNB IS declared null and void, for they relegated to PNB the sole power
NOT AT ALL ENTITLED TO ANY INTEREST EXCEPT THE to fix interest rates based on arbitrary criteria or factors such as
LEGAL RATE FROM DATE OF DEMAND, AND IN NOT bank policy, profitability, cost of money, foreign currency values,
APPLYING THE EXCESS OVER THE LEGAL and bank administrative costs; spaces for interest rates in the two
_______________ Credit Agreements and
47 Id., at p. 63. _______________
636
48 Id., at pp. 2324. 49 Which removed the ceiling on interest rates for secured and
637 unsecured loans, regardless of maturity (Section 1), but required
VOL. 728, JULY 2, 2014 637 that the rate of interest on a floating rate loan during each
interest period shall be stated on the basis of a reference rate plus
Silos vs. Philippine National Bank
a margin as may be agreed upon by the parties (Section 7).
the promissory notes were left blank for PNB to unilaterally fill,
50 Rollo, p. 167, citing United Coconut Planters Bank v.
and their consent or agreement to the interest rates imposed
Spouses Beluso, 557 Phil. 326; 530 SCRA 567 (2007).
thereafter was not obtained; the interest rate, which consists of
51 323 Phil. 297; 253 SCRA 241 (1996).
the prime rate plus the bank spread, is determined not by
638
agreement of the parties but by PNB’s Treasury Department in
Manila. Petitioners conclude that by this method of fixing the 638 SUPREME COURT REPORTS ANNOTATED
interest rates, the principle of mutuality of contracts is violated, Silos vs. Philippine National Bank
and public policy as well as Circular 905 49 of the then Central mortgagor to the mortgagee”52 in the mortgage agreements cannot
Bank had been breached. Petitioners question the CA’s embrace the P581,666.66 penalty, because, as held in the PBCom
application of the principle of estoppel, saying that no estoppel case, “[a] penalty charge does not belong to the species of
can proceed from an illegal act. Though they failed to timely obligations enumerated in the mortgage, hence, the said contract
question the imposition of the alleged illegal interest rates and cannot be understood to secure the penalty”;53 while the
continued to pay the loan on the basis of these rates, they cannot mortgages are the accessory contracts, what items are secured
be deemed to have acquiesced, and hence could recover what they may only be determined from the provisions of the mortgage
erroneously paid.50 contracts, and not from the Credit Agreement or the promissory
Petitioners argue that if the interest rates were nullified, then notes.
their obligation to PNB is deemed extinguished as of July 1997; Finally, petitioners submit that the trial court’s award of 1%
moreover, it would appear that they even made an overpayment attorney’s fees should be maintained, given that in foreclosures, a
to the bank in the amount of P984,287.00. lawyer’s work consists merely in the preparation and filing of the
Next, petitioners suggest that since the Real Estate Mortgage petition, and involves minimal study. 54 To allow the imposition of
agreements did not include nor specify, as part of the secured a staggering P396,211.00 for such work would be contrary to
amount, the penalty of 24% authorized in PN 9707237, such equity. Petitioners state that the purpose of attorney’s fees in
amount of P581,666.66 could not be made answerable by or cases of this nature “is not to give respondent a larger
collected from the mortgages covering TCTs T14250 and T compensation for the loan than the law already allows, but to
16208. Claiming support from Philippine Bank of protect it against any future loss or damage by being compelled to
Communications [PBCom] v. Court of Appeals,51 petitioners insist retain counsel x x x to institute judicial proceedings for the
collection of its credit.”55 And because the instant case involves a
that the phrase “and other obligations owing by the
simple extrajudicial foreclosure, attorney’s fees may be equitably
_______________
tempered.
Respondent’s Arguments to its choosing; and 5) interest rates based on prime rate plus
For its part, respondent disputes petitioners’ claim that applicable spread are indeterminate and arbitrary — PNB
interest rates were unilaterally fixed by it, taking relief in the CA counters:
pronouncement that petitioners are deemed estopped by their a. That Credit Agreements and promissory notes were signed
failure to question the imposed rates and their contin by petitioner[s] in blank — Respondent claims that this issue was
_______________ never raised in the lower court. Besides, documentary evidence
52 Records, p. 74. prevails over testimonial evidence; Lydia Silos’ testimony in this
53 Philippine Bank of Communications v. Court of regard is selfserving, unsupported and uncorroborated, and for
Appeals, supra note 51 at p. 313; p. 254. being the lone evidence on this issue. The fact remains that these
documents are in proper form, presumed regular, and endure,
54 Citing Mambulao Lumber Co. v. Philippine National Bank,
against arbitrary claims by Silos — who is an experienced
130 Phil. 366, 380381; 22 SCRA 359, 372 (1968).
business person — that she signed questionable loan documents
55 Citing New Sampaguita Builders Construction, Inc. v. whose provisions for interest rates were left blank, and yet she
Philippine National Bank, 479 Phil. 483, 510; 435 SCRA 565, 592 continued to pay the interests without protest for a number of
(2004). years.56
639 _______________
VOL. 728, JULY 2, 2014 639 56 Rollo, pp. 100, 102.
Silos vs. Philippine National Bank 640
ued payment thereof without opposition. It adds that because the 640 SUPREME COURT REPORTS ANNOTATED
Credit Agreement and promissory notes contained both an Silos vs. Philippine National Bank
escalation clause and a deescalation clause, it may not be said b. That interest rates were at short periods — Respondent
that the bank violated the principle of mutuality. Besides, the argues that the law which governs and prohibits changes in
increase or decrease in interest rates have been mutually agreed interest rates made more than once every twelve months has been
upon by the parties, as shown by petitioners’ continuous payment removed57 with the issuance of Presidential Decree No. 858.58
without protest. Respondent adds that the alleged unilateral c. That no interest rates could be charged where no agreement
imposition of interest rates is not a proper subject for review by on interest rates was made in writing in violation of Article 1956
the Court because the issue was never raised in the lower court. of the Civil Code, which provides that no interest shall be due
As for petitioners’ claim that interest rates imposed by it are unless it has been expressly stipulated in writing — Respondent
null and void for the reasons that 1) the Credit Agreements and
insists that the stipulated 25% per annum as embodied in PN
the promissory notes were signed in blank; 2) interest rates were
9707237 should be imposed during the interim, or the period after
at short periods; 3) no interest rates could be charged where no
the loan became due and while it remains unpaid, and not the
agreement on interest rates was made in writing; 4) PNB fixed
legal interest of 12% as claimed by petitioners. 59
interest rates on the basis of arbitrary policies and standards left
d. That PNB fixed interest rates on the basis of arbitrary payment of interest in the event of noncompliance. 62 And the
policies and standards left to its choosing — According to promissory note — being the principal agreement as opposed to
respondent, interest rates were fixed taking into consideration the mortgage, which is a mere accessory — should prevail. This
increases or decreases as provided by law or by the Monetary being the case, its inclusion as part of the secured amount in the
Board, the bank’s overall costs of funds, and upon agreement of mortgage agreements is valid and necessary.
the parties.60 Regarding the foreclosure of the mortgages, respondent
e. That interest rates based on prime rate plus applicable accuses petitioners of preempting consolidation of its ownership
spread are indeterminate and arbitrary — On this score, over TCTs T14250 and T16208; that petitioners filed Civil Case
respondent submits there are various factors that influence No. 5975 ostensibly to question the foreclosure and sale of
interest rates, from political events to economic developments, properties covered by TCTs T14250 and T16208 in a desperate
_______________ move to retain ownership over these properties, because they
57 Id., at p. 103. failed to timely redeem them.
58 Amending Further Act Numbered Two Thousand Six Respondent directs the attention of the Court to its petition in
Hundred FiftyFive, as Amended, Otherwise Known as the G.R. No. 181046,63 where the propriety of the CA’s ruling on the
“Usury Law.” following issues is squarely raised:
59 Rollo, pp. 103104. _______________
60 Id., at pp. 104105. 61 Id., at pp. 106107.
641 62 Citing Article 1226 of the Civil Code and Paras, Civil Code
of the Philippines Annotated (Commentaries) Vol. IV, p. 298,
VOL. 728, JULY 2, 2014 641
1989, 12th edition.
Silos vs. Philippine National Bank
63 Philippine National Bank, petitioner, versus Spouses
etc.; the cost of money, profitability and foreign currency
Eduardo and Lydia Silos, respondents.
transactions may not be discounted.61
642
On the issue of penalties, respondent reiterates the trial
court’s finding that during pretrial, petitioners admitted that the 642 SUPREME COURT REPORTS ANNOTATED
Statement of Account as of October 12, 1998 — which detailed Silos vs. Philippine National Bank
and included penalty charges as part of the total outstanding 1. That the interest rate to be applied after the expiration of
obligation owing to the bank — was correct. Respondent justifies the first 30day interest period for PN 9707237 should be 12% per
the imposition and collection of a penalty as a normal banking annum; and
practice, and the standard rate per annum for all commercial 2. That PNB should reimburse petitioners the excess in the
banks, at the time, was 24%. Respondent adds that the purpose of bid price of P377,505.99 which is the difference between the total
the penalty or a penal clause for that matter is to ensure the amount due to PNB and the amount of its bid price.
performance of the obligation and substitute for damages and the Our Ruling
The Court grants the Petition. interest rates “within the limits allowed by law at any time
Before anything else, it must be said that it is not the function depending on whatever policy it may adopt in the future.” Thus,
of the Court to reexamine or reevaluate evidence adduced by the
in Philippine National Bank v. Court of Appeals,64 such
parties in the proceedings below. The rule admits of certain well
stipulation and similar ones were declared in violation of Article
recognized exceptions, though, as when the lower courts’ findings
130865 of the Civil Code. In a second case, Philippine National
are not supported by the evidence on record or are based on a
misapprehension of facts, or when certain relevant and Bank v. Court of Appeals,66 the very same stipulations found in
undisputed facts were manifestly overlooked that, if properly the credit agreement and the promissory notes prepared and
considered, would justify a different conclusion. This case falls issued by the respondent were again invalidated. The Court
within such exceptions. therein said:
The Court notes that on March 5, 2008, a Resolution was The Credit Agreement provided inter alia, that —
issued by the Court’s First Division denying respondent’s petition (a) The BANK reserves the right to increase the interest
in G.R. No. 181046, due to late filing, failure to attach the rate within the limits allowed by law at any time
required affidavit of service of the petition on the trial court and depending on whatever policy it may adopt in the
the petitioners, and submission of a defective verification and future; Provided, that the interest rate on this
certification of nonforum shopping. On June 25, 2008, the Court
accommodation shall be correspondingly decreased in the
issued another Resolution denying with finality respondent’s
event that the applicable maximum interest is reduced by law
motion for reconsideration of the March 5, 2008 Resolution. And
or by the Monetary Board. In either case, the adjustment in
on August 15, 2008, entry of judgment was made. This thus
the interest rate agreed upon shall take effect on the
settles the issues, as abovestated, covering a) the interest rate —
effectivity date of the increase or decrease in the maximum
or 12% per annum — that applies upon expiration of the first 30 interest rate.
days interest period provided under PN 9707237, and b) the CA’s The Promissory Note, in turn, authorized the PNB to
decree that PNB should reimburse petitioner the excess in the bid raise the rate of interest, at any time without notice,
price of P377,505.09. beyond the stipulated rate of 12% but only “within the
It appears that respondent’s practice, more than once
limits allowed by law.”
proscribed by the Court, has been carried over once more to the
The Real Estate Mortgage contract likewise provided that—
643
_______________
VOL. 728, JULY 2, 2014 643
64 273 Phil. 789, 796797, 799; 196 SCRA 536, 543 (1991).
Silos vs. Philippine National Bank 65 Art. 1308. The contract must bind both contracting
petitioners. In a number of decided cases, the Court struck down parties; its validity or compliance cannot be left to the will of one
provisions in credit documents issued by PNB to, or required of, of them.
its borrowers which allow the bank to increase or decrease 66 G.R. No. 107569, November 8, 1994, 238 SCRA 20.
644 VOL. 728, JULY 2, 2014 645
644 SUPREME COURT REPORTS ANNOTATED Silos vs. Philippine National Bank
Silos vs. Philippine National Bank creased in the event that the applicable maximum rate of interest
(k) INCREASE OF INTEREST RATE: The rate of interest is increased by law or by the Monetary Board; Provided, That
charged on the obligation secured by this mortgage as well as such stipulation shall be valid only if there is also a stipulation in
the interest on the amount which may have been advanced by the agreement that the rate of interest agreed upon shall be
the MORTGAGEE, in accordance with the provision reduced in the event that the applicable maximum rate of interest
hereof, shall be subject during the life of this contract to is reduced by law or by the Monetary Board; Provided, further,
such an increase within the rate allowed by law, as the That the adjustment in the rate of interest agreed upon shall take
Board of Directors of the MORTGAGEE may prescribe effect on or after the effectivity of the increase or decrease in the
for its debtors. maximum rate of interest.
x x x x Section 1 of P.D. No. 1684 also empowered the Central Bank’s
In making the unilateral increases in interest rates, petitioner Monetary Board to prescribe the maximum rates of interest for
bank relied on the escalation clause contained in their credit loans and certain forbearances. Pursuant to such authority, the
agreement which provides, as follows: Monetary Board issued Central Bank (C.B.) Circular No. 905,
The Bank reserves the right to increase the interest rate within Series of 1982, Section 5 of which provides:
the limits allowed by law at any time depending on whatever Sec. 5. Section 1303 of the Manual of Regulations (for Banks
policy it may adopt in the future and provided, that, the and Other Financial Intermediaries) is hereby amended to
interest rate on this accommodation shall be correspondingly read as follows:
decreased in the event that the applicable maximum interest Sec. 1303. Interest and Other Charges.—The rate of interest,
rate is reduced by law or by the Monetary Board. In either including commissions, premiums, fees and other charges, on
case, the adjustment in the interest rate agreed upon shall any loan, or forbearance of any money, goods or credits,
take effect on the effectivity date of the increase or decrease in regardless of maturity and whether secured or unsecured,
maximum interest rate. shall not be subject to any ceiling prescribed under or
This clause is authorized by Section 2 of Presidential Decree pursuant to the Usury Law, as amended.
(P.D.) No. 1684 which further amended Act No. 2655 (“The Usury P.D. No. 1684 and C.B. Circular No. 905 no more than allow
Law”), as amended, thus: contracting parties to stipulate freely regarding any subsequent
Section 2. The same Act is hereby amended by adding a new adjustment in the interest rate that shall accrue on a loan or
section after Section 7, to read as follows: forbearance of money, goods or
Sec. 7a. Parties to an agreement pertaining to a loan or 646
forbearance of money, goods or credits may stipulate that the rate 646 SUPREME COURT REPORTS ANNOTATED
of interest agreed upon may be in645 Silos vs. Philippine National Bank
credits. In fine, they can agree to adjust, upward or downward, mutuality of contracts ordained in Article 1308 of the Civil
the interest previously stipulated. However, contrary to the Code:
stubborn insistence of petitioner bank, the said law and 647
circular did not authorize either party to unilaterally VOL. 728, JULY 2, 2014 647
raise the interest rate without the other’s consent. Silos vs. Philippine National Bank
It is basic that there can be no contract in the true Art. 1308. The contract must bind both contracting parties;
sense in the absence of the element of agreement, or of its validity or compliance cannot be left to the will of one of them.
mutual assent of the parties. If this assent is wanting on In order that obligations arising from contracts may have the
the part of the one who contracts, his act has no more force of law between the parties, there must be mutuality
efficacy than if it had been done under duress or by a between the parties based on their essential equality. A contract
person of unsound mind. containing a condition which makes its fulfillment dependent
Similarly, contract changes must be made with the exclusively upon the uncontrolled will of one of the contracting
consent of the contracting parties. The minds of all the parties, is void . . . . Hence, even assuming that the . . . loan
agreement between the PNB and the private respondent gave the
parties must meet as to the proposed modification,
PNB a license (although in fact there was none) to increase the
especially when it affects an important aspect of the
interest rate at will during the term of the loan, that license
agreement. In the case of loan contracts, it cannot be
would have been null and void for being violative of the principle
gainsaid that the rate of interest is always a vital of mutuality essential in contracts. It would have invested the
component, for it can make or break a capital venture. Thus, loan agreement with the character of a contract of adhesion,
any change must be mutually agreed upon, otherwise, it is bereft where the parties do not bargain on equal footing, the weaker
of any binding effect. party’s (the debtor) participation being reduced to the alternative
We cannot countenance petitioner bank’s posturing “to take it or leave it” . . . . Such a contract is a veritable trap for
that the escalation clause at bench gives it unbridled right the weaker party whom the courts of justice must protect against
to unilaterally upwardly adjust the interest on private abuse and imposition.67 (Emphases supplied)
respondents’ loan. That would completely take away from Then again, in a third case, Spouses Almeda v. Court of
private respondents the right to assent to an important Appeals,68 the Court invalidated the very same provisions in the
modification in their agreement, and would negate the respondent’s prepared Credit Agreement, declaring thus:
element of mutuality in contracts. In Philippine National The binding effect of any agreement between parties to a
Bank v. Court of Appeals, et al., 196 SCRA 536, 544545 (1991) we contract is premised on two settled principles: (1) that any
held— obligation arising from contract has the force
x x x The unilateral action of the PNB in increasing the _______________
interest rate on the private respondent’s loan violated the 67 Id., at pp. 2226.
68 326 Phil. 309; 256 SCRA 292 (1996). uses the phrase “interest rate agreed upon,” in reference
648 to the original 21% interest rate. x x x
648 SUPREME COURT REPORTS ANNOTATED x x x x
Silos vs. Philippine National Bank Petitioners never agreed in writing to pay the increased
of law between the parties; and (2) that there must be mutuality interest rates demanded by respondent bank in contravention to
between the parties based on their essential equality. Any the tenor of their credit agreement. That an increase in interest
contract which appears to be heavily weighed in favor of one of rates from 18% to as much as 68% is excessive and
the parties so as to lead to an unconscionable result is void. Any unconscionable is indisputable. Between 1981 and 1984,
stipulation regarding the validity or compliance of the contract petitioners had paid an amount equivalent to virtually
which is left solely to the will of one of the parties, is likewise, half of the entire
invalid. 649
It is plainly obvious, therefore, from the undisputed VOL. 728, JULY 2, 2014 649
facts of the case that respondent bank unilaterally altered Silos vs. Philippine National Bank
the terms of its contract with petitioners by increasing the principal (P7,735,004.66) which was applied to interest
interest rates on the loan without the prior assent of the alone. By the time the spouses tendered the amount of
latter. In fact, the manner of agreement is itself explicitly P40,142,518.00 in settlement of their obligations;
stipulated by the Civil Code when it provides, in Article 1956 that respondent bank was demanding P58,377,487.00 over and
“No interest shall be due unless it has been expressly stipulated above those amounts already previously paid by the
in writing.” What has been “stipulated in writing” from a spouses.
perusal of interest rate provision of the credit agreement Escalation clauses are not basically wrong or legally
signed between the parties is that petitioners were bound objectionable so long as they are not solely potestative but based
merely to pay 21% interest, subject to a possible escalation on reasonable and valid grounds. Here, as clearly demonstrated
or deescalation, when 1) the circumstances warrant such above, not only [are] the increases of the interest rates on the
escalation or deescalation; 2) within the limits allowed by basis of the escalation clause patently unreasonable and
law; and 3) upon agreement. unconscionable, but also there are no valid and reasonable
Indeed, the interest rate which appears to have been standards upon which the increases are anchored.
agreed upon by the parties to the contract in this case was x x x x
the 21% rate stipulated in the interest provision. Any In the face of the unequivocal interest rate provisions in the
doubt about this is in fact readily resolved by a careful credit agreement and in the law requiring the parties to agree to
reading of the credit agreement because the same plainly changes in the interest rate in writing, we hold that the
unilateral and progressive increases imposed by respondent PNB
were null and void. Their effect was to increase the total
obligation on an eighteen million peso loan to an amount way extensions hereof that will leave any portion of the amount still
over three times that which was originally granted to the unpaid after 730 days shall automatically convert the outstanding
borrowers. That these increases, occasioned by crafty balance into a medium or longterm obligation as the case may be
manipulations in the interest rates is unconscionable and and give the Bank the right to charge the interest rates
neutralizes the salutary policies of extending loans to spur prescribed under its policies from the date the account was
business cannot be disputed.69 (Emphases supplied) originally granted.
Still, in a fourth case, Philippine National Bank v. Court of To secure payment of the loan the parties executed a real
Appeals,70 the above doctrine was reiterated: estate mortgage contract which provided:
The promissory note contained the following stipulation: (k) INCREASE OF INTEREST RATE:
For value received, I/we, [private respondents] jointly and The rate of interest charged on the obligation secured by
severally promise to pay to the ORDER of the PHILIPPINE this mortgage as well as the interest on the amount which may
NATIONAL BANK, at its office in San have been advanced by the MORTGAGEE, in accordance with the
_______________ provision hereof, shall be subject during the life of this
69 Id., at pp. 316317, 322, 325; pp. 299308. contract to such an increase within the rate allowed by
70 328 Phil. 54; 258 SCRA 549 (1996). law, as the Board of Directors of the MORTGAGEE may
650 prescribe for its debtors.
650 SUPREME COURT REPORTS ANNOTATED x x x x
Silos vs. Philippine National Bank To begin with, PNB’s argument rests on a misapprehension of the
Jose City, Philippines, the sum of FIFTEEN THOUSAND ONLY import of the appellate court’s ruling. The Court of Appeals
(P15,000.00), Philippine Currency, together with interest nullified the interest rate increases651
thereon at the rate of 12% per annum until paid, which VOL. 728, JULY 2, 2014 651
interest rate the Bank may at any time without notice, Silos vs. Philippine National Bank
raise within the limits allowed by law, and I/we also agree to not because the promissory note did not comply with P.D. No.
pay jointly and severally ____% per annum penalty charge, by 1684 by providing for a deescalation, but because the absence of
way of liquidated damages should this note be unpaid or is not such provision made the clause so onesided as to make it
renewed on due dated. unreasonable.
Payment of this note shall be as follows: That ruling is correct. It is in line with our decision in Banco
*THREE HUNDRED SIXTY FIVE DAYS* AFTER DATE Filipino Savings & Mortgage Bank v. Navarro that although P.D.
On the reverse side of the note the following condition was No. 1684 is not to be retroactively applied to loans granted before
stamped: its effectivity, there must nevertheless be a deescalation clause to
All shortterm loans to be granted starting January 1, 1978 mitigate the onesidedness of the escalation clause. Indeed
shall be made subject to the condition that any and/or all because of concern for the unequal status of borrowers visàvis
the banks, our cases after Banco Filipino have fashioned the rule equality. A contract containing a condition which makes its
that any increase in the rate of interest made pursuant to fulfillment dependent exclusively upon the uncontrolled will of
an escalation clause must be the result of agreement one of the contracting parties, is void (Garcia vs. Rita Legarda,
between the parties. Inc., 21 SCRA 555). Hence, even assuming that the P1.8 million
Thus in Philippine National Bank v. Court of Appeals, loan agreement between the PNB and the private respondent
two promissory notes authorized PNB to increase the gave the PNB a license (although in fact there was none) to
stipulated interest per annum “within the limits allowed increase the interest rate at will during the term of the loan, that
by law at any time depending on whatever policy [PNB] license would have been null and void for being violative of the
may adopt in the future; Provided, that the interest rate principle of mutuality essential in contracts. It would have
on this note shall be correspondingly decreased in the invested the loan agreement with the character of a contract of
event that the applicable maximum interest rate is adhesion, where the parties do not bargain on equal footing, the
reduced by law or by the Monetary Board.” The real estate weaker party’s (the debtor) participation being reduced to the
mortgage likewise provided: alternative “to take it or leave it” (Qua vs. Law Union & Rock
The rate of interest charged on the obligation secured Insurance Co., 95 Phil. 85). Such a contract is a veritable trap for
by this mortgage as well as the interest on the amount the weaker party whom the courts of justice must protect against
which may have been advanced by the MORTGAGEE, in abuse and imposition.
accordance with the provisions hereof, shall be subject A similar ruling was made in Philippine National Bank
during the life of this contract to such an increase within v. Court of Appeals. The credit agreement in that case
the rate allowed by law, as the Board of Directors of the provided:
MORTGAGEE may prescribe for its debtors. The BANK reserves the right to increase the interest
Pursuant to these clauses, PNB successively increased the rate within the limits allowed by law at any time
interest from 18% to 32%, then to 41% and then to 48%. This depending on whatever policy it may adopt in the future:
Court declared the increases unilaterally imposed by Provided, that the interest rate on this accommodation shall be
[PNB] to be in violation of the principle of mutuality as correspondingly decreased in the event that the applicable
maximum interest is reduced by law or by the Monetary Board. . .
embodied in Art. 1308 of the Civil Code, which provides that
.
“[t]he contract must bind both contracting parties; its validity or
As in the first case, PNB successively increased the stipulated
compliance cannot be left to the will of one of them.” As the Court
explained: interest so that what was originally 12% per annum became, after
In order that obligations arising from contracts may only two years, 42%. In declaring the increases invalid, we held:
have the force of law between the parties, there must be 653
mutuality between the parties based on their essential VOL. 728, JULY 2, 2014 653
Silos vs. Philippine National Bank notice to and securing the consent of the borrowers. This
We cannot countenance petitioner bank’s posturing that the unilateral authority is anathema to the
escalation clause at bench gives it unbridled right to unilaterally _______________
upwardly adjust the interest on private respondents’ loan. That 71 Id., at pp. 5657, 6063; pp. 550557.
would completely take away from private respondents the right to 72 Supra note 55.
assent to an important modification in their agreement, and 654
would negate the element of mutuality in contracts. 654 SUPREME COURT REPORTS ANNOTATED
Only recently we invalidated another round of interest Silos vs. Philippine National Bank
increases decreed by PNB pursuant to a similar agreement mutuality of contracts and enable lenders to take undue
it had with other borrowers: advantage of borrowers. Although the Usury Law has been
[W]hile the Usury Law ceiling on interest rates was lifted by effectively repealed, courts may still reduce iniquitous or
C.B. Circular 905, nothing in the said circular could possibly unconscionable rates charged for the use of
be read as granting respondent bank carte blanche money. Furthermore, excessive interests, penalties and
authority to raise interest rates to levels which would other charges not revealed in disclosure statements issued
either enslave its borrowers or lead to a hemorrhaging of by banks, even if stipulated in the promissory notes,
their assets. cannot be given effect under the Truth in Lending
In this case no attempt was made by PNB to secure the Act.73 (Emphasis supplied)
conformity of private respondents to the successive Yet again, in a sixth disposition, Philippine National Bank
increases in the interest rate. Private respondents’ assent v. Spouses Rocamora,74 the above pronouncements were
to the increases cannot be implied from their lack of reiterated to debunk PNB’s repeated reliance on its invalidated
response to the letters sent by PNB, informing them of the contract stipulations:
increases. For as stated in one case, no one receiving a We repeated this rule in the 1994 case of PNB v. CA and
proposal to change a contract is obliged to answer the JaymeFernandez and the 1996 case of PNB v. CA and Spouses
proposal.71(Emphasis supplied) Basco. Taking no heed of these rulings, the escalation clause
We made the same pronouncement in a fifth case, New PNB used in the present case to justify the increased interest
Sampaguita Builders Construction, Inc. v. Philippine National rates is no different from the escalation clause assailed in the
Bank,72 thus— 1996 PNB case; in both, the interest rates were increased from
Courts have the authority to strike down or to modify the agreed 12% per annum rate to 42%. x x x
provisions in promissory notes that grant the lenders x x x x
unrestrained power to increase interest rates, penalties and other On the strength of this ruling, PNB’s argument — that
charges at the latter’s sole discretion and without giving prior the spouses Rocamora’s failure to contest the increased
interest rates that were purportedly reflected in the (b) The Borrower agrees that the Bank may modify the
statements of account and the demand letters sent by the interest rate in the Loan depending on whatever policy
bank amounted to their implied acceptance of the increase the Bank may adopt in the future, including without
— should likewise fail. limitation, the shifting from the floating interest rate system to
Evidently, PNB’s failure to secure the spouses Rocamora’s the fixed interest rate system, or vice versa. Where the Bank has
consent to the increased interest rates prompted the lower courts imposed on the Loan interest at a rate per annum which is equal
to declare excessive and illegal the interest rates imposed. To go to the Bank’s spread over the current floating interest rate, the
around this lower court finding, PNB alleges that the P206,297.47 Borrower hereby agrees that the Bank may, without need
deficiency of notice to the Borrower, increase or decrease its spread
_______________ over the floating interest rate at any time depending on
73 Id., at p. 486; p. 571. whatever policy it may adopt in the future.76 (Emphases
74 616 Phil. 369; 600 SCRA 395 (2009). supplied)
655 while the eight promissory notes issued pursuant thereto
VOL. 728, JULY 2, 2014 655 granted PNB the right to increase or reduce interest rates
Silos vs. Philippine National Bank _______________
claim was computed using only the original 12% per 75 Id., at pp. 382383; 409410.
76 Records, p. 74.
annum interest rate. We find this unlikely. Our examination of
656
PNB’s own ledgers, included in the records of the case, clearly
656 SUPREME COURT REPORTS ANNOTATED
indicates that PNB imposed interest rates higher than the agreed
12% per annum rate. This confirmatory finding, albeit based Silos vs. Philippine National Bank
solely on ledgers found in the records, reinforces the application “within the limits allowed by law or the Monetary Board”77 and
in this case of the rule that findings of the RTC, when affirmed by the Real Estate Mortgage agreement included the same right to
the CA, are binding upon this Court.75 (Emphases supplied) increase or reduce interest rates “at any time depending on
Verily, all these cases, including the present one, involve whatever policy PNB may adopt in the future.”78
identical or similar provisions found in respondent’s credit On the basis of the Credit Agreement, petitioners issued
agreements and promissory notes. Thus, the July 1989 Credit promissory notes which they signed in blank, and respondent
Agreement executed by petitioners and respondent contained the later on entered their corresponding interest rates, as follows:
following stipulation on interest: 1st Promissory Note dated July 24, 1989 — 19.5%;
1.03. Interest. (a) The Loan shall be subject to interest at the 2nd Promissory Note dated November 22, 1989 — 23%;
rate of 19.5% [per annum]. Interest shall be payable in advance 3rd Promissory Note dated March 21, 1990 — 22%;
every one hundred twenty days at the rate prevailing at the time 4th Promissory Note dated July 19, 1990 — 24%;
of the renewal. 5th Promissory Note dated December 17, 1990 — 28%;
6th Promissory Note dated February 14, 1991 — 32%; 18th Promissory Note dated November 16, 1994 — 16%;
7th Promissory Note dated March 1, 1991 — 30%; and 19th Promissory Note dated April 10, 1995 — 21%;
8th Promissory Note dated July 11, 1991 — 24%.79 20th Promissory Note dated July 19, 1995 — 18.5%;
On the other hand, the August 1991 Amendment to Credit 21st Promissory Note dated December 18, 1995 — 18.75%;
Agreement contains the following stipulation regarding interest: 22nd Promissory Note dated April 22, 1996 — 18.5%;
1.03. Interest on Line Availments. (a) The Borrowers 23rd Promissory Note dated July 22, 1996 — 18.5%;
agree to pay interest on each Availment from date of each 24th Promissory Note dated November 25, 1996 — 18%;
Availment up to but not including the date of full payment 25th Promissory Note dated May 30, 1997 — 17.5%; and
thereof at the rate per annum which is determined by the 26th Promissory Note (PN 9707237) dated July 30, 1997 —
Bank to be prime rate plus applicable spread in effect as of 25%.81
the date of each Availment.80 (Emphases supplied) The 9th up to the 17th promissory notes provide for the
and under this Amendment to Credit Agreement, petitioners payment of interest at the “rate the Bank may at any time
again executed and signed the following promissory notes in without notice, raise within the limits allowed by law x x x.” 82 On
_______________ the other hand, the 18th up to the 26th promissory notes — which
77 Id., at p. 192. includes PN 9707237 — carried the following provision:
78 Id., at p. 74, dorsal portion. x x x For this purpose, I/We agree that the rate of interest
79 Id., at pp. 192199. herein stipulated may be increased or decreased for the
80 Id., at p. 56. subsequent Interest Periods, with
657 _______________
VOL. 728, JULY 2, 2014 657 81 Id., at pp. 174191.
Silos vs. Philippine National Bank 82 Id., at p. 191.
blank, for the respondent to later on enter the corresponding 657
interest rates, which it did, as follows: VOL. 728, JULY 2, 2014 657
9th Promissory Note dated November 8, 1991 — 26%; Silos vs. Philippine National Bank
10th Promissory Note dated March 19, 1992 — 25%; prior notice to the Borrower in the event of changes in
11th Promissory Note dated July 11, 1992 — 23%; interest rate prescribed by law or the Monetary Board of
12th Promissory Note dated November 10, 1992 — 21%;
the Central Bank of the Philippines, or in the Bank’s
13th Promissory Note dated March 15, 1993 — 21%;
overall cost of funds. I/We hereby agree that in the event
14th Promissory Note dated July 12, 1993 — 17.5%;
I/we are not agreeable to the interest rate fixed for any
15th Promissory Note dated November 17, 1993 — 21%;
Interest Period, I/we shall have the option to prepay the
16th Promissory Note dated March 28, 1994 — 21%;
17th Promissory Note dated July 13, 1994 — 21%; loan or credit facility without penalty within ten (10)
calendar days from the Interest Setting Date.83 (Emphasis ence the fixing of interest rates to be imposed on him. Clearly,
supplied) respondent’s method of fixing interest rates based on onesided,
indeterminate, and subjective criteria such as profitability, cost of
These stipulations must be once more invalidated, as was done money, bank costs, etc. is arbitrary for there is no fixed standard
in previous cases. The common denominator in these cases is the or margin above or below these considerations.
lack of agreement of the parties to the imposed interest rates. For The stipulation in the promissory notes subjecting the interest
this case, this lack of consent by the petitioners has been made rate to review does not render the imposition by UCPB of interest
obvious by the fact that they signed the promissory notes in blank rates on the obligations of the spouses Beluso valid. According to
for the respondent to fill. We find credible the testimony of Lydia said stipulation:
in this respect. Respondent failed to discredit her; in fact, its The interest rate shall be subject to review and may be increased
witness PNB Kalibo Branch Manager Aspa admitted that interest or decreased by the LENDER considering among others
rates were fixed solely by its Treasury Department in Manila, the prevailing financial and monetary conditions; or
which were then simply communicated to all PNB branches for the rate of interest and charges which other banks or
implementation. If this were the case, then this would explain financial institutions charge or offer to charge for
why petitioners had to sign the promissory notes in blank, since similar accommodations; and/or the resulting
the imposable interest rates have yet to be determined and fixed profitability to the LENDER after due consideration of all
by respondent’s Treasury Department in Manila. dealings with the BORROWER.
Moreover, in Aspa’s enumeration of the factors that determine It should be pointed out that the authority to review
the interest rates PNB fixes — such as cost of money, foreign
the interest rate was given [to] UCPB alone as the lender.
currency values, bank administrative costs, profitability, and
Moreover, UCPB may apply the considerations enumerated in
considerations which affect the banking industry — it can be seen
this provision as it wishes. As worded in the above provision,
that considerations which affect PNB’s borrowers are ignored. A
UCPB may give as much weight as it desires to each of the
borrower’s current financial state, his feedback or opinions, the
following considerations: (1) the prevailing financial and
nature and purpose of his borrowings, the effect of foreign
monetary condition; (2) the rate of interest and charges which
currency values or fluctuations on his business or
other banks or financial institutions charge or offer to charge for
borrowing, etc. — these are not factors which influ similar accommodations; and/or (3) the resulting profitability to
_______________ the LENDER (UCPB) after due consideration of all dealings with
83 Id., at p. 174. the BORROWER (the spouses Beluso). Again, as in the case of
the interest rate provision, there is no fixed margin above
659
or below these considerations.
VOL. 728, JULY 2, 2014 659
In view of the foregoing, the Separability Clause cannot save
Silos vs. Philippine National Bank either of the two options of UCPB as to the
660 Whereas, in the present credit agreements under scrutiny, it
660 SUPREME COURT REPORTS ANNOTATED is stated that:
Silos vs. Philippine National Bank _______________
interest to be imposed, as both options violate the principle of 84 United Coconut Planters Bank v. Spouses
mutuality of contracts.84 (Emphases supplied) Beluso, supra note 50 at pp. 342343; p. 584.
85 See Philippine National Bank v. Court of Appeals, supra
To repeat what has been said in the above cited cases, any note 66 at p. 22.
modification in the contract, such as the interest rates, must be 661
made with the consent of the contracting parties. The minds of all VOL. 728, JULY 2, 2014 661
the parties must meet as to the proposed modification, especially
Silos vs. Philippine National Bank
when it affects an important aspect of the agreement. In the case
IN THE JULY 1989 CREDIT AGREEMENT
of loan agreements, the rate of interest is a principal condition, if
(b) The Borrower agrees that the Bank may modify the
not the most important component. Thus, any modification
interest rate on the Loan depending on whatever policy the Bank
thereof must be mutually agreed upon; otherwise, it has no
may adopt in the future, including without limitation, the shifting
binding effect.
from the floating interest rate system to the fixed interest rate
What is even more glaring in the present case is that, the
stipulations in question no longer provide that the parties shall system, or vice versa. Where the Bank has imposed on the Loan
agree upon the interest rate to be fixed; instead, they are worded interest at a rate per annum, which is equal to the Bank’s spread
in such a way that the borrower shall agree to whatever interest over the current floating interest rate, the Borrower hereby
rate respondent fixes. In credit agreements covered by the agrees that the Bank may, without need of notice to the
abovecited cases, it is provided that: Borrower, increase or decrease its spread over the floating
The Bank reserves the right to increase the interest rate interest rate at any time depending on whatever policy it may
within the limits allowed by law at any time depending on adopt in the future.86 (Emphases supplied)
whatever policy it may adopt in the future: Provided, that, the IN THE AUGUST 1991 AMENDMENT TO CREDIT
interest rate on this accommodation shall be correspondingly AGREEMENT
decreased in the event that the applicable maximum interest rate 1.03. Interest on Line Availments. (a) The Borrowers
is reduced by law or by the Monetary Board. In either case, the agree to pay interest on each Availment from date of each
adjustment in the interest rate agreed upon shall take effect Availment up to but not including the date of full payment thereof
on the effectivity date of the increase or decrease in maximum at the rate per annum which is determined by the Bank to be
interest rate.85 (Emphasis supplied) prime rate plus applicable spread in effect as of the date of each
Availment.87(Emphasis supplied)
Plainly, with the present credit agreement, the element of (2) the amounts, if any, to be credited as down payment
consent or agreement by the borrower is now completely lacking, and/or tradein;
which makes respondent’s unlawful act all the more (3) the difference between the amounts set forth under
reprehensible. clauses (1) and (2);
Accordingly, petitioners are correct in arguing that estoppel (4) the charges, individually itemized, which are paid or to be
should not apply to them, for “[e]stoppel cannot be predicated on paid by such person in connection with the transaction but which
an illegal act. As between the parties to a contract, validity are not incident to the extension of credit;
cannot be given to it by estoppel if it is prohibited by (5) the total amount to be financed;
_______________ _______________
86 Records, p. 47. 88 United Coconut Planters Bank v. Spouses
87 Id., at p. 56. Beluso, supra note 50 at p. 343; p. 585.
662 89 Section 2 thereof.
662 SUPREME COURT REPORTS ANNOTATED 90 Heirs of Zoilo Espiritu v. Spouses Landrito, 549 Phil. 180,
Silos vs. Philippine National Bank 190191; 520 SCRA 383, 391392 (2007).
law or is against public policy.”88 It appears that by its acts, 663
respondent violated the Truth in Lending Act, or Republic Act No. VOL. 728, JULY 2, 2014 663
3765, which was enacted “to protect x x x citizens from a lack of Silos vs. Philippine National Bank
awareness of the true cost of credit to the user by using a full (6) the finance charge expressed in terms of pesos and
disclosure of such cost with a view of preventing the uninformed centavos; and
use of credit to the detriment of the national economy.” 89 The law (7) the percentage that the finance bears to the total amount
“gives a detailed enumeration of the specific information required to be financed expressed as a simple annual rate on the
to be disclosed, among which are the interest and other charges outstanding unpaid balance of the obligation.
incident to the extension of credit.”90 Section 4 thereof provides
that a disclosure statement must be furnished prior to the Under Section 4(6), “finance charge” represents the amount to be
consummation of the transaction, thus: paid by the debtor incident to the extension of credit such as
SEC. 4. Any creditor shall furnish to each person to whom interest or discounts, collection fees, credit investigation fees,
credit is extended, prior to the consummation of the transaction, a attorney’s fees, and other service charges. The total finance
clear statement in writing setting forth, to the extent applicable charge represents the difference between (1) the aggregate
and in accordance with rules and regulations prescribed by the consideration (down payment plus installments) on the part of the
Board, the following information: debtor, and (2) the sum of the cash price and nonfinance
(1) the cash price or delivered price of the property or service charges.91
to be acquired;
By requiring the petitioners to sign the credit documents and (5) the total amount to be financed;
the promissory notes in blank, and then unilaterally filling them (6) the finance charge expressed in terms of pesos and centavos;
up later on, respondent violated the Truth in Lending Act, and and
was remiss in its disclosure obligations. In one case, which the (7) the percentage that the finance bears to the total amount to
Court finds applicable here, it was held: be financed expressed as a simple annual rate on the
UCPB further argues that since the spouses Beluso were outstanding unpaid balance of the obligation.
duly given copies of the subject promissory notes after The rationale of this provision is to protect users of
their execution, then they were duly notified of the terms credit from a lack of awareness of the true cost thereof,
thereof, in substantial compliance with the Truth in proceeding from the experience that banks are able to
Lending Act. conceal such true cost by hidden charges, uncertainty of
Once more, we disagree. Section 4 of the Truth in Lending Act interest rates, deduction of interests from the loaned
clearly provides that the disclosure statement must be furnished amount, and the like. The law thereby seeks to protect
prior to the consummation of the transaction: debtors by permitting them to fully appreciate the true
SEC. 4. Any creditor shall furnish to each person to whom cost of their loan, to enable them to give full consent to the
credit is extended, prior to the consummation of the contract, and to properly evaluate their options in
transaction, a clear statement in writing setting forth, to the arriving at business decisions. Upholding UCPB’s claim of
extent applicable and in accordance with rules and regulations substantial compliance would defeat these purposes of the Truth
prescribed by the Board, the following information: in Lending Act. The belated discovery of the true cost of
_______________
credit will too often not be able to reverse the ill effects of
91 Central Bank Circular No. 158.
an already consummated business decision.
664
In addition, the promissory notes, the copies of which
664 SUPREME COURT REPORTS ANNOTATED
were presented to the spouses Beluso after execution, are
Silos vs. Philippine National Bank
not sufficient notification from UCPB. As earlier
(1) the cash price or delivered price of the property or service to
discussed, the interest rate provision therein does not
be acquired;
sufficiently indicate with particularity the interest rate to
(2) the amounts, if any, to be credited as down payment and/or
tradein; be applied to the loan covered by said promissory
(3) the difference between the amounts set forth under clauses notes.92 (Emphases supplied)
(1) and (2);
(4) the charges, individually itemized, which are paid or to be However, the oneyear period within which an action for
paid by such person in connection with the transaction but violation of the Truth in Lending Act may be filed evidently
which are not incident to the extension of credit; prescribed long ago, or sometime in 2001, one year after
petitioners received the March 2000 demand letter which tions and cannot afford court litigation; they succumb to whatever
contained the illegal charges. charges the lenders impose. At the very least, borrowers should
The fact that petitioners later received several statements of be charged rightly; but then again this is not possible in a one
account detailing its outstanding obligations does not cure sided credit system where the temptation to abuse is strong and
respondent’s breach. To repeat, the belated discovery of the true the willingness to rectify is made weak by the eternal desire for
cost of credit does not reverse the ill effects of an already profit.
consummated business decision.93Neither may the statements be Given the above supposition, the Court cannot subscribe to
considered proposals sent to secure the petitioners’ conformity; respondent’s argument that in every repricing of petitioners’ loan
they were sent after the imposition and application of the interest availment, they are given the right to question the interest rates
rate, and not before. And even if it were to be presumed that imposed. The import of respondent’s line of reasoning cannot be
these are proposals or offers, there was no acceptance by other than that if one out of every hundred borrowers questions
petitioners. “No one receiving a proposal to modify a loan respondent’s practice of unilaterally fixing interest rates, then
contract, especially regarding interest, is obliged to answer the only the loan arrangement with that lone complaining borrower
proposal.”94 will enjoy the benefit of review or renegotiation; as to the 99
Loan and credit arrangements may be made enticing by, or others, the questionable practice will continue unchecked, and
“sweetened” with, offers of low initial interest rates, but actually respondent will continue to reap the profits from such
accompanied by provisions written in fine print that allow lenders unscrupulous practice. The Court can no more condone a view so
to later on increase or decrease interest rates unilaterally, perverse. This is exactly what the Court meant in the
without the consent of the borrower, and depending on complex immediately preceding cited case when it said that “the belated
and subjective factors. Because they have been lured into these discovery of the true cost of credit does not reverse the ill effects
contracts by initially low interest rates, borrowers get caught and of an already consummated business decision”;95 as to the 99
stuck in the web of subsequent steep rates and penalties, borrowers who did not or could not complain, the illegal act shall
surcharges and the like. Being ordinary individuals or entities, have become a fait accompli— to their detriment, they
they naturally dread legal complica
have already suffered the oppressive rates.
_______________
Besides, that petitioners are given the right to question the
92 United Coconut Planters Bank v. Spouses Beluso, supra
interest rates imposed is, under the circumstances, irrelevant; we
note 50 at pp. 356358; p. 600.
have a situation where the petitioners do not stand on equal
93 Id., at p. 358; id.
footing with the respondent. It is doubtful that any borrower who
94 Supra note 55 at p. 500; p. 583.
finds himself in petitioners’ position would dare question
666
respondent’s power to arbitrarily modify interest rates at any
666 SUPREME COURT REPORTS ANNOTATED
time. In the second place, on what basis could any borrower
Silos vs. Philippine National Bank question such power, when the criteria or stan
_______________
95 Id. rate of 12% per annum. This is the uniform ruling adopted in
667 previous cases, including those cited here. 96 The interests paid by
VOL. 728, JULY 2, 2014 667 petitioners should be applied first to the payment of the
Silos vs. Philippine National Bank stipulated or legal and unpaid interest, as the case may
dards — which are really onesided, arbitrary and subjective — _______________
for the exercise of such power are precisely lost on him? 96 See also Equitable PCI Bank v. Ng Sheung Ngor, 565 Phil.
For the same reasons, the Court cannot validly consider that, 520, 539; 541 SCRA 223, 241242 (2007).
as stipulated in the 18th up to the 26th promissory notes, 668
petitioners are granted the option to prepay the loan or credit 668 SUPREME COURT REPORTS ANNOTATED
facility without penalty within 10 calendar days from the Interest Silos vs. Philippine National Bank
Setting Date if they are not agreeable to the interest rate fixed. It be, and later, to the capital or principal. 97 Respondent should then
has been shown that the promissory notes are executed and refund the excess amount of interest that it has illegally imposed
signed in blank, meaning that by the time petitioners learn of the upon petitioners; “[t]he amount to be refunded refers to that paid
interest rate, they are already bound to pay it because they have by petitioners when they had no obligation to do so.” 98 Thus, the
already presigned the note where the rate is subsequently parties’ original agreement stipulated the payment of 19.5%
entered. Besides, premium may not be placed upon a stipulation interest; however, this rate was intended to apply only to the first
in a contract which grants one party the right to choose whether promissory note which expired on November 21, 1989 and was
to continue with or withdraw from the agreement if it discovers paid by petitioners; it was not intended to apply to the whole
that what the other party has been doing all along is improper or duration of the loan. Subsequent higher interest rates have been
illegal. declared illegal; but because only the rates are found to be
Thus said, respondent’s arguments relative to the credit improper, the obligation to pay interest subsists, the same to be
documents — that documentary evidence prevails over fixed at the legal rate of 12% per annum. However, the 12%
testimonial evidence; that the credit documents are in proper interest shall apply only until June 30, 2013. Starting July 1,
form, presumed regular, and endure, against arbitrary claims by
2013, the prevailing rate of interest shall be 6% per
petitioners, experienced business persons that they are, they
annum pursuant to our ruling in Nacar v. Gallery
signed questionable loan documents whose provisions for interest
rates were left blank, and yet they continued to pay the interests Frames99 and Bangko Sentral ng PilipinasMonetary Board
without protest for a number of years — deserve no consideration. Circular No. 799.
With regard to interest, the Court finds that since the Now to the issue of penalty. PN 9707237 provides that failure to
escalation clause is annulled, the principal amount of the loan is pay it or any installment thereon, when due, shall constitute
subject to the original or stipulated rate of interest, and upon default, and a penalty charge of 24% per annum based on the
maturity, the amount due shall be subject to legal interest at the defaulted principal amount shall be imposed. Petitioners claim
that this penalty should be excluded from the foreclosure amount
or bid price because the Real Estate Mortgage and the reveals that nowhere is it stated that penalties are to be included
Supplement thereto did not specifically include it as part of the in the secured amount. Construing this silence strictly against
secured amount. Respondent justifies its inclusion in the secured the respondent, the Court can only conclude that the parties did
amount, saying that the purpose of the penalty or a penal clause not intend to include the penalty allowed under PN 9707237 as
is to ensure the performance of the obligation and substitute for part of the secured amount. Given its resources, respondent could
damages and the payment have — if it truly wanted to — conveniently prepared and
_______________ executed an amended mortgage agreement with the petitioners,
97 Hodges v. Salas, 63 Phil. 567, 574 (1936), citing Aguilar v. thereby including penalties in the amount to be secured by the
Rubiato and Gonzalez Vila, 40 Phil. 570 (1920); Go Chioco v. encumbered properties. Yet it did not.
With regard to attorney’s fees, it was plain error for the CA to
Martinez, 45 Phil. 256, 279282 (1923); Gui Jong & Co. v. Rivera
have passed upon the issue since it was not raised by the
and Avellar, 45 Phil. 778, 784 (1924); Sajo v. Gustilo, 48 Phil. 451, petitioners in their appeal; it was the respondent that improperly
462 (1925). brought it up in its appellee’s brief, when it should have
98 See Philippine Savings Bank v. Castillo, G.R. No. 193178, interposed an appeal, since the trial court’s Decision on this issue
May 30, 2011, 649 SCRA 527, 538. is adverse to it. It is an elementary principle in the
99 G.R. No. 189871, August 13, 2013, 703 SCRA 439. _______________
669 100 Citing Article 1226 of the Civil Code and Paras, Civil Code
VOL. 728, JULY 2, 2014 669 of the Philippines Annotated (Commentaries) Vol. IV, p. 298,
Silos vs. Philippine National Bank 1989, 12th edition.
of interest in the event of noncompliance. 100 Respondent adds that 101 Philippine Bank of Communications, supra note 51 at p.
the imposition and collection of a penalty is a normal banking 314; p. 255.
practice, and the standard rate per annum for all commercial 670
banks, at the time, was 24%. Its inclusion as part of the secured 670 SUPREME COURT REPORTS ANNOTATED
amount in the mortgage agreements is thus valid and necessary. Silos vs. Philippine National Bank
The Court sustains petitioners’ view that the penalty may not be subject of appeals that an appellee who does not himself appeal
included as part of the secured amount. Having found the credit cannot obtain from the appellate court any affirmative relief other
agreements and promissory notes to be tainted, we must accord than those granted in the decision of the court below.
the same treatment to the mortgages. After all, “[a] mortgage and x x x [A]n appellee, who is at the same time not an appellant,
a note secured by it are deemed parts of one transaction and are may on appeal be permitted to make counter assignments of error
construed together.”101 Being so tainted and having the attributes in ordinary actions, when the purpose is merely to defend himself
of a contract of adhesion as the principal credit documents, we against an appeal in which errors are alleged to have been
must construe the mortgage contracts strictly, and against the committed by the trial court both in the appreciation of facts and
party who drafted it. An examination of the mortgage agreements
in the interpretation of the law, in order to sustain the judgment applied to the principal, which shall again be reduced accordingly.
in his favor but not when his purpose is to seek modification or The reduced principal shall then be subjected to the 12% interest
reversal of the judgment, in which case it is necessary for him to on the 4th promissory note, and the excess over 12% interest
have excepted to and appealed from the judgment.102 payment on the 4th promissory note shall again be applied to the
Since petitioners did not raise the issue of reduction of principal, which shall again be reduced accordingly. And so on
attorney’s fees, the CA possessed no authority to pass upon it at and so forth;
the instance of respondent. The ruling of the trial court in this 3. After the above procedure is carried out, the trial
respect should remain undisturbed. court shall be able to conclude if petitioners a) still have
For the fixing of the proper amounts due and owing to the an OUTSTANDING BALANCE/OBLIGATION or b) MADE
parties — to the respondent as creditor and to the petitioners who PAYMENTS OVER AND ABOVE THEIR TOTAL
are entitled to a refund as a consequence of overpayment OBLIGATION (principal and interest);
considering that they paid more by way of interest charges than 4. Such outstanding balance/obligation, if there be any,
the 12% per annum103 herein allowed — the case should be shall then be subjected to a 12% per annum interest from
remanded to the lower court for proper accounting and October 28, 1997 until January 14, 1999, which is the date of the
computation, applying the following procedure: auction sale;
1. The 1st Promissory Note with the 19.5% interest rate is 5. Such outstanding balance/obligation shall also be charged
deemed proper and paid; a 24% per annum penalty from August 14, 1997 until January
2. All subsequent promissory notes (from the 2nd to the
14, 1999. But from this total penalty, the petitioners’ previous
26th promissory notes) shall carry an interest rate of only 12% per payment of penalties in the amount of P202,000.00 made on
annum.104 Thus, interest payment made January 27, 1998106 shall be DEDUCTED;
_______________ 6. To this outstanding balance (3.), the interest (4.), penalties
102 Saenz v. Mitchell, 60 Phil. 69, 80 (1934). (5.), and the final and executory award of 1% attorney’s
103 Or 6% per annum, when applicable. fees shall be ADDED;
104 Id. _______________
671 105 Id.
VOL. 728, JULY 2, 2014 671 106 Rollo, p. 63.
Silos vs. Philippine National Bank
in excess of 12% on the 2nd promissory note shall immediately be 7. The sum total of the outstanding balance (3.), interest (4.)
applied to the principal, and the principal shall be accordingly and 1% attorney’s fees (6.) shall be DEDUCTED from the bid
reduced. The reduced principal shall then be subjected to the price of P4,324,172.96. The penalties (5.) are not included because
12%105 interest on the 3rd promissory note, and the excess over they are not included in the secured amount;
12% interest payment on the 3rd promissory note shall again be
8. The difference in (7.) [P4,324,172.96 LESS sum total of the 14. The difference in (13.) [P4,324,172.96 LESS sum total of
outstanding balance (3.), interest (4.), and 1% attorney’s fees (6.)] the interest (4.) and 1% attorney’s fees (6.)] shall be DELIVERED
shall be DELIVERED TO THE PETITIONERS; TO THE PETITIONERS;
9. Respondent may then proceed to consolidate its title to 15. Respondent may then proceed to consolidate its title to
TCTs T14250 and T16208; TCTs T14250 and T16208. The outstanding penalties, if any,
10. ON THE OTHER HAND, if after performing the shall be collected by other means.
procedure in (2.), it turns out that petitioners made From the above, it will be seen that if, after proper accounting,
an OVERPAYMENT, the interest (4.), penalties (5.), and the it turns out that the petitioners made payments exceeding what
award of 1% attorney’s fees (6.) shall be DEDUCTED from the they actually owe by way of principal, interest, and attorney’s
overpayment. There is no outstanding balance/obligation fees, then the mortgaged properties need not answer for any
precisely because petitioners have paid beyond the amount of the outstanding secured amount, because there is not any; quite the
principal and interest; contrary, respondent must refund the excess to petitioners. In
11. If the overpayment exceeds the sum total of the interest such case, the extrajudicial foreclosure and sale of the properties
(4.), penalties (5.), and award of 1% attorney’s fees (6.), the excess shall be declared null and void for obvious lack of basis, the case
shall be RETURNED to the petitioners, with legal interest, under being one of solutio indebiti instead. If, on the other hand, it turns
the principle of solutio indebiti;107 out that petitioners’ overpayments in interests do not exceed their
12. Likewise, if the overpayment exceeds the total amount of total obligation, then the respondent may consolidate its
interest (4.) and award of 1% attorney’s fees (6.), the trial court ownership over the properties, since the period for redemption
shall INVALIDATE THE EXTRAJUDICIAL FORECLOSURE has expired. Its only obligation will be to return the difference
AND SALE; between its bid price (P4,324,172.96) and petitioners’ total
13. HOWEVER, if the total amount of interest (4.) and award obligation outstanding — except penalties — after applying the
of 1% attorney’s fees (6.) exceed petitioners’ latter’s overpayments.
_______________ WHEREFORE, premises considered, the Petition
107 Also, under the Civil Code, Art. 1413, interest paid in is GRANTED. The May 8, 2007 Decision of the Court of Appeals
excess of the interest allowed by the usury laws may be recovered in C.A.G.R. CV No. 79650 is ANNULLED and SET ASIDE.
by the debtor, with interest thereon from the date of the payment. Judgment is hereby rendered as follows:
673 1. The interest rates imposed and indicated in the 2 nd up to the
VOL. 728, JULY 2, 2014 673 26 Promissory Notes are DECLARED NULL AND VOID, and
th
Silos vs. Philippine National Bank such notes shall instead be subject to interest at the rate of twelve
overpayment, then the excess shall be DEDUCTED from the bid percent (12%) per annum up to June 30, 2013, and starting July
price of P4,324,172.96; 1, 2013, six percent (6%) per annum until full satisfaction;
674
674 SUPREME COURT REPORTS ANNOTATED 675
Silos vs. Philippine National Bank VOL. 728, JULY 2, 2014 675
2. The penalty charge imposed in Promissory Note No. Silos vs. Philippine National Bank
9707237 shall be EXCLUDED from the amounts secured by the SO ORDERED.
real estate mortgages; Carpio (Chairperson), LeonardoDe
3. The trial court’s award of one percent (1%) attorney’s fees **
Castro, Perez and PerlasBernabe, JJ., concur.
is REINSTATED; Petition granted, judgment annulled and set aside.
4. The case is ordered REMANDED to the Regional Trial
Court, Branch 6 of Kalibo, Aklan for the computation of Notes.—Since the stipulation on the interest rate is void, it is
overpayments made by petitioners spouses Eduardo and Lydia
as if there was no express contract thereon. (Macalinao vs. Bank
Silos to respondent Philippine National Bank, taking into
consideration the foregoing dispositions, and applying the of the Philippine Islands, 600 SCRA 67 [2009])
procedure hereinabove set forth; The payment of interest in loans or forbearance of money is
5. Thereafter, the trial court is ORDERED to make a allowed only if: (1) there was an express stipulation for the
payment of interest; and (2) the agreement for the payment of
determination as to the validity of the extrajudicial foreclosure
and sale, declaring the same null and void in case of overpayment interest was reduced in writing. (Prisma Construction &
and ordering the release and return of Transfer Certificates of Development Corporation vs. Menchavez, 614 SCRA 590 [2010])
Title Nos. T14250 and TCT T16208 to petitioners, or ordering
the delivery to the petitioners of the difference between the bid ——o0o——
price and the total remaining obligation of petitioners, if any;
6. In the meantime, the respondent Philippine National Bank G.R. No. 201001. November 10, 2014.*
is ENJOINED from consolidating title to Transfer Certificates of
Title Nos. T14250 and T16208 until all the steps in the MCMP CONSTRUCTION CORP., petitioner, vs.
procedure above set forth have been taken and applied; MONARK EQUIPMENT CORP., respondent.
7. The reimbursement of the excess in the bid price of Remedial Law; Evidence; Best Evidence Rule;
P377,505.99, which respondent Philippine National Bank is Documentary Evidence; The Best Evidence Rule, a
ordered to reimburse petitioners, should be HELD IN basic postulate requiring the production of the original
ABEYANCE until the true amount owing to or owed by the document whenever its contents are the subject of
parties as against each other is determined; inquiry, is contained in Section 3 of Rule 130 of the
8. Considering that this case has been pending for such a long Rules of Court.—The Best Evidence Rule, a basic
time and that further proceedings, albeit uncomplicated, are postulate requiring the production of the original
required, the trial court is ORDEREDto proceed with dispatch. document whenever its contents are the subject of
inquiry, is contained in Section 3 of Rule 130 of the
Rules of Court which provides: “Section 3. Original VELASCO, JR., J.:
document must be produced; exceptions.—When the
subject of inquiry is the contents of a document, no For consideration of the Court is a Petition for Review
evidence shall be admissible other than the original on Certiorari dated April 20, 20121 filed by MCMP
document itself, except in the following cases: (a) When
Construction Corp. under Rule 45 of the Rules of Court.
the original has been lost or destroyed, or cannot beThe petition seeks the reversal of the Decision dated
October 14, 20112 and Resolution dated March 9, 20123
produced in court, without bad faith on the part of the
offeror; (b) When the original is in the custody or under
issued by the Court of Appeals (CA) in C.A.-G.R. CV No.
the control of the party against whom the evidence is91860 entitled Monark Equipment Corporation v. MCMP
offered, and the latter fails to produce it after Construction Corporation. The CA Decision affirmed the
reasonable notice; (c) When the original consists of Decision dated November 20, 20074 and Order dated
numerous accounts or other documents which cannot April 28, 20085 issued by the Regional Trial Court,
be examined in court without great loss of time and the
Branch 96 in Quezon City (RTC) in Civil Case No.Q-02-
fact sought to be established from them is only the 47092 entitled Monark Equipment Corporation v. MCMP
Construction Corporation.
general result of the whole; and (d) When the original is
a public record in the custody of a public officer or is
The facts of the case are as follows:
recorded in a public office.” MCMP Construction Corporation (MCMP) leased heavy
PETITION for review on certiorari of the decision andequipment from Monark Equipment Corporation
resolution of the Court of Appeals. (Monark) for various periods in 2000, the lease covered
The facts are stated in the resolution of the Court. by a Rental Equipment Contract (Contract). Thus,
Henry Ll. Yusingco, Jr. for petitioner. Monark delivered five (5) pieces of heavy equipment to
Pestelero Law Office for respondent. the project site of MCMP in Tanay, Rizal and Llavac,
_______________ Quezon, the delivery evidenced by invoices as well as
* THIRD DIVISION. Documents Acknowledgment Receipt Nos. 04667 and
433 5706, received and signed by representatives of MCMP,
namely, Jorge Samonte on December 5, 2000 and Rose
VOL. 739, NOVEMBER 10, 2014
Takahashi on January 29, 2001, respectively. Notably,
MCMP Construction Corp. vs. Monark Equipment Corp.
the invoices state:
_______________
1 Rollo, pp. 8-25.
RESOLUTION 2 Penned by Associate Justice Jane Aurora C.
Lantion, concurred in by Associate Justices Japar B. Php1,282,481.83, broken down as follows:
Dimaampao (Chairperson, 17th Division) and Ramon A.
Cruz; id., at pp. 50-63.
3 Id., at pp. 65-69.
4 Penned by Judge Afable E. Cajigal; id., at pp. 26-
40.
5 Id., at pp. 41-48.
434
SO ORDERED.
Villarama, Jr., Reyes, Perlas-Bernabe** and
Jardeleza, JJ., concur.
Petition denied with modification.
Notes.—Anent the best evidence rule, Section 3(d)
of Rule 130 of the Rules of Court provides that when
the subject of inquiry is the contents of a document, no
evidence shall be admissible other than the original
document itself, except when the original is a public
record in the custody of a public officer or is recorded
in a public office. (Dimaguila vs. Monteiro, 714 SCRA
565 [2014])
When the subject of inquiry is the content of a
document, submission of a certified true copy is
justified only in clearly delineated instances. ( Republic
vs. Sandiganbayan, 722 SCRA 211 [2014])
——o0o——
_______________
17 Thirty (30) days from the date when the second
set of invoices were received by MCMP.
* * Acting member per Special Order No. 1866 dated
November 4, 2014. G.R. No. 189404. December 11, 2013.*
WILGEN LOON, JERRY ARCILLA, ALBERT PEREYE,
© Copyright 2018 Central Book Supply, Inc. All rights ARNOLD PEREYE, EDGARDO OBOSE, ARNEL MALARAS,
reserved. PATROCINO TOETIN, EVELYN LEONARDO, ELMER
GLOCENDA, RUFO CUNAMAY, ROLANDO SAJOL, ROLANDO
ABUCAYON, JENNIFER NATIVIDAD, MARITESS TORION, [1] Evirdly Haque in the Court of Appeals’ decision; Rollo, p.
ARMANDO LONZAGA, RIZAL GELLIDO, EVIRDE HAQUE, 55.
[1]MYRNA VINAS, RODELITO AYALA, WINELITO OJEL, 441tended to assure the workers that they will receive the
RENATO RODREGO, NENA ABINA, EMALYN OLIVEROS, money judgment in their favor upon the dismissal of the
LOUIE ILAGAN, JOEL ENTIG, ARNEL ARANETA, BENJAMIN employer’s appeal.
COSE, WELITO LOON and WILLIAM ALIPAO, Same; Same; Procedural Rules and Technicalities; In labor
petitioners, vs. POWER MASTER, INC., TRIC GENERAL cases, strict adherence to the technical rules of procedure is not
SERVICES, and SPOUSES HOMER and CARINA ALUMISIN,
required. Time and again, we have allowed evidence to be
respondents.
submitted for the first time on appeal with the National Labor
Labor Law; Appeals; Bond; Paragraph 2, Article 223 of the
Relations Commission (NLRC) in the interest of substantial
Labor Code provides that “[i]n case of a judgment involving a
justice.—In labor cases, strict adherence to the technical rules of
monetary award, an appeal by the employer may be perfected only
procedure is not required. Time and again, we have allowed
upon the posting of a cash or surety bond issued by a reputable evidence to be submitted for the first time on appeal with the
bonding company duly accredited by the Commission in the NLRC in the interest of substantial justice. Thus, we have
amount equivalent to the monetary award in the judgment consistently supported the rule that labor officials should use all
appealed from.”—Paragraph 2, Article 223 of the Labor Code reasonable means to ascertain the facts in each case speedily and
provides that “[i]n case of a judgment involving a monetary objectively, without regard to technicalities of law or procedure, in
award, an appeal by the employer may be perfected only upon the the interest of due process. However, this liberal policy should
posting of a cash or surety bond issued by a reputable bonding still be subject to rules of reason and fairplay. The liberality of
company duly accredited by the Commission in the amount procedural rules is qualified by two requirements: (1) a
equivalent to the monetary award in the judgment appealed party should adequately explain any delay in the
from.” Contrary to the respondents’ claim, the issue of the appeal submission of evidence; and (2) a party should sufficiently
bond’s validity may be raised for the first time on appeal since its prove the allegations sought to be proven. The reason for
proper filing is a jurisdictional requirement. The requirement these requirements is that the liberal application of the rules
that the appeal bond should be issued by an accredited bonding before quasijudicial agencies cannot be used to perpetuate
company is mandatory and jurisdictional. The rationale of injustice and hamper the just resolution of the case. Neither is
requiring an appeal bond is to discourage the employers from the rule on liberal construction a license to disregard the rules of
using an appeal to delay or evade the employees’ just and lawful procedure.
claims. It is in Same; Evidence; Documentary Evidence; Administrative
_______________
Proceedings; While we generally admit in evidence and give
* SECOND DIVISION.
probative value to photocopied documents in administrative
proceedings, allegations of forgery and fabrication should prompt that the burden rests on the defendant to prove payment rather
the adverse party to present the original documents for inspection. than on the plaintiff to prove nonpayment of these money claims.
—Why the respondents’ photocopied and computerized copies of The rationale for this rule is that the pertinent personnel files,
documentary evidence were not presented at the earliest payrolls, records, remittances and other similar documents —
opportunity is a serious question that lends credence to the which will show that differentials, service incentive leave and
petitioners’ claim that the respondents fabricated the evidence for other claims of workers have been paid — are not in the
purposes of appeal. While we generally admit in evidence possession of the worker but are in the custody and control of the
employer.
and give probative value to photocopied documents in
administrative proceedings, allegations of forgery and Same; Same; Overtime Pay; Premium Pay; The burden of
fabrication should prompt the adverse party to present the proving entitlement to overtime pay and premium pay for holidays
original documents for inspection. It was incumbent upon the and rest days rests on the employee because these are not incurred
respondents to present the originals, especially in this case where in the normal course of business.—The CA was correct in its
the petitioners had submitted their specimen signatures. Instead, finding that the petitioners failed to provide sufficient factual
the respondents effectively deprived the petitioners of the basis for the award of overtime, and premium pays for holidays
442opportunity to examine and controvert the alleged and rest days. The burden of proving entitlement to overtime pay
spurious evidence by not adducing the originals. This Court is and premium pay for holidays and rest days rests on the
thus left with no option but to rule that the respondents’ failure to employee because these are not incurred in the normal course of
present the originals raises the presumption that evidence business. In the present case, the petitioners failed to adduce any
willfully suppressed would be adverse if produced. evidence that would show that they actually rendered service in
Same; Burden of Proof; Termination of Employment; In excess of the regular eight working hours a day, and that they in
termination cases, the burden of proving just and valid cause for fact worked on holidays and rest days.443
dismissing an employee from his employment rests upon the Same; Attorney’s Fees; An employee is entitled to an award of
employer.—In termination cases, the burden of proving just and attorney’s fees equivalent to ten percent (10%) of the amount of the
valid cause for dismissing an employee from his employment rests wages in actions for unlawful withholding of wages.—The award
upon the employer. The employer’s failure to discharge this of attorney’s fees is also warranted under the circumstances of
burden results in the finding that the dismissal is unjustified. this case. An employee is entitled to an award of attorney’s fees
This is exactly what happened in the present case. equivalent to ten percent (10%) of the amount of the wages in
Same; Same; Payment; As in illegal dismissal cases, the actions for unlawful withholding of wages.
PETITION for review on certiorari of the decision and resolution
general rule is that the burden rests on the defendant to prove
of the Court of Appeals.
payment rather than on the plaintiff to prove nonpayment of these
The facts are stated in the opinion of the Court.
money claims.—As in illegal dismissal cases, the general rule is Nenita C. Mahinay for petitioners.
BRION, J.: pays. They further averred that the respondents made them sign
We resolve the petition for review on certiorari,[2] filed by blank payroll sheets. On June 11, 2001, the petitioners amended
petitioners Wilgen Loon, Jerry Arcilla, Albert Pereye, Arnold their complaint and included illegal dismissal as their cause of
Pereye, Edgardo Obose, Arnel Malaras, Patrocino Toetin, Evelyn action. They claimed that the respondents relieved them from
Leonardo, Elmer Glocenda, Rufo Cunamay, Rolando Sajol, service in retaliation for the filing of their original complaint.
Rolando Abucayon, Jennifer Natividad, Maritess Torion, Notably, the respondents did not participate in the
Armando Lonzaga, Rizal Gellido, Evirde Haque, Myrna Vinas, proceedings before the Labor Arbiter except on April 19, 2001
Rodelito Ayala, Winelito Ojel, Renato Rodrego, Nena Abina, and May 21, 2001 when Mr. Romulo Pacia, Jr. appeared on
Emalyn Oliveros, Louie Ilagan, Joel Entig, Arnel Araneta, the respondents’ behalf.[5] The respondents’ counsel also
Benjamin Cose, Welito Loon, William Alipao (collectively, appeared in a preliminary mandatory conference on July
the petitioners), to challenge the June 5, 2009 decision[3] and the 5, 2001.[6] However, the respondents neither filed any position
August 28, 2009 resolution[4] of the Court of Appeals (CA) in CA paper nor proffered pieces of evidence in their defense despite their
G.R. SP No. 95182. knowledge of the pendency of the case.
_______________ The Labor Arbiter’s Ruling
[2] Rollo, pp. 1854; dated October 23, 2009 and filed under In a decision[7] dated March 15, 2002, Labor
Rule 45 of the Rules of Court. Arbiter (LA) Elias H. Salinas partially ruled in favor of the
[3] Id., at pp. 5565; penned by Associate Justice Sixto C. petitioners. The LA awarded the petitioners salary differential,
Marella, Jr., and concurred in by Associate Justices Rebecca de service incentive leave, and thirteenth month pays. In
GuiaSalvador and Japar B. Dimaampao. awarding
[4] Id., at pp. 6667. _______________
444 [5] Id., at p. 407.
The Factual Antecedents [6] Id., at p. 321.
Respondents Power Master, Inc. and TriC General Services
[7] Id., at pp. 405413.
employed and assigned the petitioners as janitors and leadsmen
445these claims, the LA stated that the burden of proving the
in various Philippine Long Distance Telephone
payment of these money claims rests with the employer. The LA
Company (PLDT) offices in Metro Manila area. Subsequently, the
also awarded attorney’s fees in favor of the petitioners,
petitioners filed a complaint for money claims against Power
pursuant to Article 111 of the Labor Code.[8]
Master, Inc., TriC General Services and their officers, the
However, the LA denied the petitioners’ claims
spouses Homer and Carina Alumisin
for backwages, overtime, holiday, and premium pays. The
(collectively, the respondents). The petitioners alleged in their LA observed that the petitioners failed to show that they
complaint that they were not paid minimum wages, overtime, rendered overtime work and worked on holidays and rest days
holiday, premium, service incentive leave, and thirteenth month
without compensation. The LA further concluded that the On January 3, 2003, the respondents filed an unverified
petitioners cannot be declared to have been dismissed from supplemental appeal. They attached photocopied and
employment because they did not show any notice of termination computerized copies of list of employees with automated
of employment. They were also not barred from entering the teller machine (ATM) cards to the supplemental
respondents’ premises. appeal. This list also showed the amounts allegedly deposited in
the employees’ ATM cards.[11] They also attached
The Proceedings before the NLRC documentary evidence showing that the petitioners were
Both parties appealed the LA’s ruling with the National Labor dismissed for cause and had been accorded due process.
Relations Commission. The petitioners disputed the LA’s denial of
On January 22, 2003, the petitioners filed an Urgent
their claim for backwages, overtime, holiday and premium pays.
Manifestation and Motion[12] where they asked for the
Meanwhile, the respondents questioned the LA’s ruling on the
deletion of the supplemental appeal from the records because it
ground that the LA did not acquire jurisdiction over their
allegedly suffered from infirmities. First, the supplemental
persons.
The respondents insisted that they were not personally served appeal was not verified. Second, it was belatedly filed six months
with summons and other processes. They also claimed that they from the filing of the respondents’ notice of appeal with
paid the petitioners minimum wages, service incentive leave and memorandum on appeal. The petitioners pointed out that they
thirteenth month pays. As proofs, they attached photocopied only agreed to the respondents’ filing of a responsive pleading
until December 18, 2002.[13] Third, the attached documentary
and computerized copies of payroll
evidence on the supplemental appeal bore the petitioners’ forged
_______________
signatures.
[8] Article 111 of the Labor Code provides:
_______________
1. In cases of unlawful withholding of wages, the culpable
party may be assessed attorney’s fees equivalent to ten [9] Id., at pp. 781879; the payroll sheets cover the periods
percent of the amount of wages recovered. from November 1, 1998 to December 30, 1998; from November 1,
2. It shall be unlawful for any person to demand or accept, 1999 to December 30, 1999; and from November 1, 2000 to
in any judicial or administrative proceedings for the recovery February 28, 2001.
of wages, attorney’s fees which exceed ten percent of the [10] Id., at pp. 548780.
amount of wages recovered. [11] Id., at pp. 880985; the payroll sheets cover the periods
446sheets to their memorandum on appeal.[9] They further from November 1, 2000 to December 30, 2000, and from January
maintained that the petitioners were validly dismissed. They 1, 2001 to February 15, 2001.
argued that the petitioners’ repeated defiance to their transfer to [12] Id., at pp. 359382.
different workplaces and their violations of the company rules [13] Id., at p. 360.
and regulations constituted serious misconduct and willful 447
disobedience.[10]
They reiterated these allegations in an Urgent Motion to [16] Rollo, pp. 148180. Penned by Commissioner Tito F.
Resolve Manifestation and Motion (To Expunge from the Genilo, and concurred in by Presiding Commissioner Lourdes C.
Records Respondents’ Supplemental Appeal, Reply and/or Javier and Commissioner Ernesto C. Verceles.
Rejoinder) dated January 31, 2003.[14] Subsequently, the 448process. Furthermore, the Rules of Court do not require the
petitioners filed an Urgent Manifestation with Reiterating verification of a supplemental pleading.
Motion to StrikeOff the Record Supplemental The NLRC also vacated the LA’s awards of salary
Appeal/Reply, Quitclaims and Spurious Documents differential, thirteenth month and service incentive leave
Attached to Respondents’ Appeal dated August 7, 2003. pays. In so ruling, it gave weight to the pieces of evidence
[15] The petitioners argued in this last motion that the payrolls attached to the memorandum on appeal and the supplemental
should not be given probative value because they were the appeal. It maintained that the absence of the petitioners’
respondents’ fabrications. They reiterated that the genuine signatures in the payrolls was not an indispensable factor for
payrolls bore their signatures, unlike the respondents’ their authenticity. It pointed out that the payment of money
photocopies of the payrolls. They also maintained that their claims was further evidenced by the list of employees with ATM
signatures in the respondents’ documents (which showed their cards. It also found that the petitioners’ signatures were not
receipt of thirteenth month pay) had been forged. forged. It took judicial notice that many people use at least two or
more different signatures.
The NLRC Ruling The NLRC further ruled that the petitioners were lawfully
In a resolution dated November 27, 2003, the NLRC partially dismissed on grounds of serious misconduct and willful
ruled in favor of the respondents.[16] The NLRC affirmed the disobedience. It found that the petitioners failed to comply with
LA’s awards of holiday pay and attorney’s fees. It also various memoranda directing them to transfer to other
maintained that the LA acquired jurisdiction over the persons of workplaces and to attend training seminars for the intended
the respondents through their voluntary appearance. reorganization and reshuffling.
However, it allowed the respondents to submit pieces of The NLRC denied the petitioners’ motion for reconsideration
evidence for the first time on appeal on the ground that in a resolution dated April 28, 2006.[17]Aggrieved, the petitioners
they had been deprived of due process. It found that the filed a petition for certiorari under Rule 65 of the Rules of Court
respondents did not actually receive the LA’s processes. It also before the CA.[18]
admitted the respondents’ unverified supplemental appeal on the
ground that technicalities may be disregarded to serve the greater The CA Ruling
interest of substantial due The CA affirmed the NLRC’s ruling. The CA held that the
_______________ petitioners were afforded substantive and procedural due process.
[14] Id., at pp. 384389. Accordingly, the petitioners deliberately did not explain their
[15] CA Rollo, pp. 249254. side. Instead, they continuously resisted their transfer to other
PLDT offices and violated company rules and regulations. It also This case presents to us the following issues:
upheld the NLRC’s findings on the petitioners’ monetary claims. 1) Whether the CA erred when it did not find that the NLRC
_______________ committed grave abuse of discretion in giving due course
[17] Id., at pp. 181189. to the respondents’ appeal;
[18] Id., at pp. 128144. a) Whether the respondents perfected their appeal before
449 the NLRC; and
The CA denied the petitioners’ motion for reconsideration in a _______________
resolution dated August 28, 2009, prompting the petitioners to [19] Supra note 2.
file the present petition.[19]
[20] Ibid.
The Petition [21] Rollo, pp. 475502, 506512.
450
In the petition before this Court, the petitioners argue that the b) Whether the NLRC properly allowed the respondents’
CA committed a reversible error when it did not find that the supplemental appeal
NLRC committed grave abuse of discretion. They reiterate their
2) Whether the respondents were estopped from submitting
arguments before the lower tribunals and the CA in support of
pieces of evidence for the first time on appeal;
this conclusion. They also point out that the respondents posted a
bond from a surety that was not accredited by this Court and by 3) Whether the petitioners were illegally dismissed and are
the NLRC. In effect, the respondents failed to perfect their appeal thus entitled to backwages;
before the NLRC. They further insist that the NLRC should not 4) Whether the petitioners are entitled to salary differential,
have admitted the respondents’ unverified supplemental appeal. overtime, holiday, premium, service incentive leave, and
[20] thirteenth month pays; and
5) Whether the petitioners are entitled to attorney’s fees.
The Respondents’ Position
The Court’s Ruling
In their Comments, the respondents stress that the petitioners
only raised the issue of the validity of the appeal bond for the first The respondents perfected their
time on appeal. They also reiterate their arguments before the appeal with the NLRC because the
NLRC and the CA. They additionally submit that the petitioners’ revocation of the bonding company’s
arguments have been fully passed upon and found unmeritorious authority has a prospective
by the NLRC and the CA.[21] application
The Issues
Paragraph 2, Article 223 of the Labor Code provides that “[i]n states that “[a] cash or surety bond shall be valid and effective
case of a judgment involving a monetary award, an appeal by the from the date of deposit or posting, until the case is finally
employer may be perfected only upon the posting of a cash or decided, resolved or terminated or the award satisfied.”
surety bond issued by a reputable bonding company duly
accredited by the Commission in the amount equivalent to the The CA correctly ruled that the
monetary award in the judgment appealed from.” NLRC properly gave due course to the
Contrary to the respondents’ claim, the issue of the appeal respondents’ supplemental appeal
bond’s validity may be raised for the first time on appeal since its
proper filing is a jurisdictional requirement.[22] The requirement The CA also correctly ruled that the NLRC properly gave due
that the appeal bond should be issued by an accredited bonding course to the respondents’ supplemental appeal. Neither the laws
company is mandatory and jurisdictional. The rationale of nor the rules require the verification of the supple
requiring an appeal bond is to discourage the employers from _______________
using an appeal to delay or evade the employ [23] Catubay v. National Labor Relations Commission, 386
_______________ Phil. 648, 657; 330 SCRA 440, 447 (2000); and Borja Estate v.
[22] Oca v. Court of Appeals, 428 Phil. 696, 702; 378 SCRA Spouses Ballad, 498 Phil. 694, 706; 459 SCRA 657, 668 (2005).
642, 647 (2002). [24] Per Certification dated August 22, 2013 of Mr. James D.V.
451ees’ just and lawful claims. It is intended to assure the Navarrete, OCA Assistant Chief of Office, Legal Office.
workers that they will receive the money judgment in their favor [25] G.R. No. 181516, August 19, 2009, 596 SCRA 515, 522
upon the dismissal of the employer’s appeal.[23] 523.
In the present case, the respondents filed a surety bond issued 452mental appeal.[26] Furthermore, verification is a formal, not
by Security Pacific Assurance Corporation (Security Pacific) on a jurisdictional, requirement. It is mainly intended for the
June 28, 2002. At that time, Security Pacific was still an assurance that the matters alleged in the pleading are true and
accredited bonding company. However, the NLRC revoked its correct and not of mere speculation.[27] Also, a supplemental
accreditation on February 16, 2003.[24]Nonetheless, this appeal is merely an addendum to the verified memorandum on
subsequent revocation should not prejudice the respondents who appeal that was earlier filed in the present case; hence, the
requirement for verification has substantially been complied with.
relied on its then subsisting accreditation in good faith. In Del
The respondents also timely filed their supplemental appeal
Rosario v. Philippine Journalists, Inc.,[25] we ruled that a
on January 3, 2003. The records of the case show that the
bonding company’s revocation of authority is prospective in
petitioners themselves agreed that the pleading shall be filed
application.
until December 18, 2002. The NLRC further extended the filing of
However, the respondents should post a new bond issued by the supplemental pleading until January 3, 2003 upon the
an accredited bonding company in compliance with paragraph 4, respondents’ motion for extension.
Section 6, Rule 6 of the NLRC Rules of Procedure. This provision
A party may only adduce evidence allegations sought to be proven.[30] The reason for these
for the first time on appeal if he requirements is that the liberal application of the rules before
adequately explains his delay in the quasijudicial agencies cannot be used to perpetuate injustice and
submission of evidence and he hamper the just resolution of the case. Neither is the rule on
sufficiently proves the allegations liberal construction a license to disregard the rules of procedure.
sought to be proven [31]
Guided by these principles, the CA grossly erred in ruling that
In labor cases, strict adherence to the technical rules of the NLRC did not commit grave abuse of discretion in arbitrarily
procedure is not required. Time and again, we have allowed admitting and giving weight to the respondents’ pieces of
evidence to be submitted for the first time on appeal with the evidence for the first time on appeal.
NLRC in the interest of substantial justice.[28] Thus, we have
consistently supported the rule that labor officials should use A. The respondents failed to
_______________ adequately explain their delay
[26] NLRC Rules of Procedure, Rule 1, Section 3, in relation in the submission of evidence
to Rules of Court, Rule 7, Section 4.
We cannot accept the respondents’ cavalier attitude in
[27] Roy Pasos v. Philippine National Construction
blatantly disregarding the NLRC Rules of Procedure. The CA
Corporation, G.R. No. 192394, July 3, 2013; 700 SCRA 608; gravely erred when it overlooked that the NLRC blindly admitted
and Millennium Erectors Corporation v. Magallanes, G.R. No. and arbitrarily gave probative value to the respondents’ evidence
184362, November 15, 2010, 634 SCRA 708, 713714, despite their failure to adequately explain their delay in the
citing Pacquing v. CocaCola Philippines, Inc., G.R. No. 157966, submission of evidence. Notably, the respondents’ delay was
January 31, 2008, 543 SCRA 344, 356357. anchored on their assertion that they
[28] Casimiro v. Stern Real Estate Inc., 519 Phil. 438, 454455; _______________
484 SCRA 463, 479 (2006); and Iran vs. NLRC, 352 Phil. 264265, [29] Iran v. NLRC, supra, at p. 274; p. 442.
273274; 289 SCRA 433, 442 (1998). [30] Tanjuan v. Phil. Postal Savings Bank, Inc., 457 Phil. 993,
453all reasonable means to ascertain the facts in each case 10041005; 411 SCRA 168, 176 (2003).
speedily and objectively, without regard to technicalities of law or [31] Favila v. National Labor Relations Commission, 367 Phil.
procedure, in the interest of due process.[29] 584, 593; 308 SCRA 303, 313 (1999).
However, this liberal policy should still be subject to rules of 454were oblivious of the proceedings before the LA. However, the
reason and fairplay. The liberality of procedural rules is respondents did not dispute the LA’s finding that Mr. Romulo
qualified by two requirements: (1) a party should Pacia, Jr. appeared on their behalf on April 19, 2001 and May 21,
adequately explain any delay in the submission of 2001.[32] The respondents also failed to contest the petitioners’
evidence; and (2) a party should sufficiently prove the
assertion that the respondents’ counsel appeared in a preliminary 455documents for inspection.[35] It was incumbent upon the
mandatory conference on July 5, 2001.[33] respondents to present the originals, especially in this case where
Indeed, the NLRC capriciously and whimsically admitted and the petitioners had submitted their specimen signatures. Instead,
gave weight to the respondents’ evidence despite its finding that the respondents effectively deprived the petitioners of the
they voluntarily appeared in the compulsory arbitration opportunity to examine and controvert the alleged spurious
proceedings. The NLRC blatantly disregarded the fact that the evidence by not adducing the originals. This Court is thus left
respondents voluntarily opted not to participate, to adduce with no option but to rule that the respondents’ failure to present
evidence in their defense and to file a position paper despite their the originals raises the presumption that evidence willfully
knowledge of the pendency of the proceedings before the LA. The suppressed would be adverse if produced.[36]
respondents were also grossly negligent in not informing the LA It was also gross error for the CA to affirm the NLRC’s
of the specific building unit where the respondents were proposition that “[i]t is of common knowledge that there are many
conducting their business and their counsel’s address despite people who use at least two or more different signatures.”[37] The
their knowledge of their nonreceipt of the processes.[34] NLRC cannot take judicial notice that many people use at least
two signatures, especially in this case where the petitioners
B. The respondents failed to
themselves disown the signatures in the respondents’ assailed
sufficiently prove the
documentary evidence.[38] The NLRC’s position is unwarranted
allegations sought to be proven
and is patently unsupported by the law and jurisprudence.
Furthermore, the respondents failed to sufficiently prove the Viewed in these lights, the scales of justice must tilt in favor of
allegations sought to be proven. Why the respondents’ the employees. This conclusion is consistent with the rule that the
photocopied and computerized copies of documentary evidence employer’s cause can only succeed on the strength of its own
were not presented at the earliest opportunity is a serious evidence and not on the weakness of the employee’s evidence.[39]
question that lends credence to the petitioners’ claim that the
The petitioners are entitled to
respondents fabricated the evidence for purposes of
backwages
appeal. While we generally admit in evidence and give
probative value to photocopied documents in Based on the above considerations, we reverse the NLRC and
administrative proceedings, allegations of forgery and the CA’s finding that the petitioners were terminated for
fabrication should prompt the adverse party to present the _______________
original [35] Nicario v. NLRC, 356 Phil. 936, 941; 295 SCRA 619, 625
_______________ (1998).
[32] Supra note 5. [36] Rules of Court, Rule 131, Section 3(e).
[33] Supra note 6. [37] Rollo, p. 164.
[34] NLRC Rules of Procedure, Rule 3, Sections 4 and 6(e). [38] Rules of Court, Rule 129, Section 2.
[39] The CocaCola Export Corporation v. Gacayan, G.R. No. _______________
149433, December 15, 2010, 638 SCRA 377, 400401, citations [40] Eastern Overseas Employment Center, Inc. v. Bea, 512
omitted. Phil. 749, 759; 476 SCRA 384, 394 (2005).
456just cause and were afforded procedural due process. In [41] Pigcaulan v. Security and Credit Investigation, Inc., G.R.
termination cases, the burden of proving just and valid cause for No. 173648, January 16, 2012, 663 SCRA 1, 1415; and Building
dismissing an employee from his employment rests upon the
Care Corp. v. NLRC, 335 Phil. 1131, 1139; 268 SCRA 666, 672
employer. The employer’s failure to discharge this burden results
(1997).
in the finding that the dismissal is unjustified.[40] This is exactly
[42] Villar v. NLRC, 387 Phil. 706, 716; 331 SCRA 686, 695
what happened in the present case.
(2000).
The petitioners are entitled to 457The burden of proving entitlement to overtime pay and
salary differential, service premium pay for holidays and rest days rests on the employee
incentive, holiday, and thirteenth because these are not incurred in the normal course of business.
month pays [43] In the present case, the petitioners failed to adduce any
evidence that would show that they actually rendered service in
We also reverse the NLRC and the CA’s finding that the excess of the regular eight working hours a day, and that they in
petitioners are not entitled to salary differential, service fact worked on holidays and rest days.
incentive, holiday, and thirteenth month pays. As in illegal
dismissal cases, the general rule is that the burden rests on the The petitioners are entitled
defendant to prove payment rather than on the plaintiff to prove to attorney’s fees
nonpayment of these money claims.[41] The rationale for this rule
The award of attorney’s fees is also warranted under the
is that the pertinent personnel files, payrolls, records,
circumstances of this case. An employee is entitled to an award of
remittances and other similar documents — which will show that
attorney’s fees equivalent to ten percent (10%) of the amount of
differentials, service incentive leave and other claims of workers
the wages in actions for unlawful withholding of wages.[44]
have been paid — are not in the possession of the worker but are
As a final note, we observe that Rodelito Ayala, Winelito Ojel,
in the custody and control of the employer.[42]
Renato Rodrego and Welito Loon are also named as petitioners in
The petitioners are not entitled to this case. However, we deny their petition for the reason that
overtime and premium pays they were not part of the proceedings before the CA. Their failure
to timely seek redress before the CA precludes this Court from
However, the CA was correct in its finding that the petitioners awarding them monetary claims.
failed to provide sufficient factual basis for the award of overtime, All told, we find that the NLRC committed grave abuse of
and premium pays for holidays and rest days. discretion in admitting and giving probative value to the
respondents’ evidence on appeal, which errors the CA replicated upon the employer. (Marc II Marketing, Inc. vs. Joson, 662
when it upheld the NLRC rulings. SCRA 35 [2011])
WHEREFORE, based on these premises, An employer has the right to require the performance of
we REVERSE and SET ASIDE the decision dated June 5, 2009, overtime service in any of the situations contemplated under
and the resolution dated August 28, 2009 of the Court of Appeals Article 89 of the Labor Code and an employee’s noncompliance is
in CAG.R. SP No. 95182. This case is REMANDED to the Labor willful disobedience. (Realda vs. New Age Graphics, Inc., 671
Arbiter for the sole purpose of computing petitioners’ (Wilgen
SCRA 410 [2012])
Loon, Jerry Arcilla, Albert Pereye, Arnold Pereye,
——o0o——
_______________
_______________
[43] Lagatic v. NLRC, 349 Phil. 172, 185186; 285 SCRA 251, ** Designated as Acting Member in lieu of Associate Justice
262 (1998). Jose P. Perez per Special Order No. 1627 dated December 6, 2013.
[44] Labor Code, Article 111.
458Edgardo Obose, Arnel Malaras, Patrocino Toetin, Evelyn © Copyright 2018 Central Book Supply, Inc. All rights
Leonardo, Elmer Glocenda, Rufo Cunamay, Rolando Sajol, reserved.
Rolando Abucayon, Jennifer Natividad, Maritess Torion,
Armando Lonzaga, Rizal Gellido, Evirdly Haque, Myrna Vinas,
Nena Abina, Emalyn Oliveros, Louie Ilagan, Joel Entig, Arnel
Araneta, Benjamin Cose and William Alipao) full backwages
(computed from the date of their respective dismissals up to the
finality of this decision) and their salary differential, service
incentive leave, holiday, thirteenth month pays, and attorney’s
fees equivalent to ten percent (10%) of the withheld wages. The
respondents are further directed to immediately post a
satisfactory bond conditioned on the satisfaction of the awards
affirmed in this Decision.
SO ORDERED.
Carpio (Chairperson), Del Castillo, Perlas
Bernabe and Leonen,** JJ., concur.
Judgment and resolution reversed and set aside. G.R. No. 201011. January 27, 2014.*
Notes.—In termination cases, the burden of proving just and THERESITA, JUAN, ASUNCION, PATROCINIA, RICARDO and
valid cause for dismissing an employee from his employment rests GLORIA, all surnamed DIMAGUILA, petitioners, vs. JOSE and
SONIA A. MONTEIRO, respondents.
Remedial Law; Evidence; Admissions; Section 4 of Rule 129 Same; Same; Best Evidence Rule; Anent the best evidence
of the Rules of Court provides that an admission made by a party rule, Section 3(d) of Rule 130 of the Rules of Court provides that
in the course of the proceedings in the same case does not require when the subject of inquiry is the contents of a document, no
proof, and may be contradicted only by showing that it was made evidence shall be admissible other than the original document
through palpable mistake.—Section 4 of Rule 129 of the Rules of itself, except when the original is a public record in the custody of
Court provides that an admission made by a party in the course of a public officer or is recorded in a public office.—Anent the best
the proceedings in the same case does not require proof, and may evidence rule, Section 3(d) of Rule 130 of the Rules of Court
be contradicted only by showing that it was made through provides that when the subject of inquiry is the contents of a
palpable mistake. The petitioners argue that such admission was document, no evidence shall be admissible other than the original
the palpable mistake of their former counsel in his rush to file the document itself, except when the original is a public record in the
answer, a copy of which was not provided to them. custody of a public officer or is recorded in a public office. Section
Same; Same; Same; Article 1431 of the Civil Code provides 7 of the same Rule provides that when the original of a document
that through estoppel, an admission is rendered conclusive upon is in the custody of a public officer or is recorded in a public office,
the person making it, and cannot be denied or disproved as its contents may be proved by a certified copy issued by the public
officer in custody thereof. Section 24 of Rule 132 provides that the
against the person relying thereon.—Article 1431 of the Civil Code
record of public documents may be evidenced by a copy attested
provides that through estoppel, an admission is rendered
by the officer having the legal custody or the record.
conclusive upon the person making it, and cannot be denied or
disproved as against the person relying thereon. The respondent Same; Same; Hearsay Evidence Rule; The rule provides that
spouses had clearly relied on the petitioners’ admission and so entries in official records made in the performance of the duty of a
amended their original complaint for partition to one for recovery public officer of the Philippines, or by a person in the performance
of possession of a portion of the of a duty specially enjoined by law, are prima facie evidence of the
______________ facts therein stated.—As to the hearsay rule, Section 44 of Rule
* THIRD DIVISION. 130 of the Rules of Court similarly provides that entries in official
566subject property. Thus, the petitioners are now estopped records are an exception to the rule. The rule provides that
from denying or attempting to prove that there was no partition entries in official records made in the performance of the duty of a
of the property. Considering that an admission does not require public officer of the Philippines, or by a person in the performance
proof, the admission of the petitioners would actually be sufficient
of a duty specially enjoined by law, are prima facie evidence of the
to prove the partition even without the documents presented by
facts therein stated. The necessity of this rule consists in the
the respondent spouses. If anything, the additional evidence they
inconvenience and difficulty of requiring the official’s attendance
presented only served to corroborate the petitioners’ admission.
as a witness to testify to the innumerable transactions in the
course of his duty. The document’s trustworthiness consists in the 1 Rollo, pp. 2943; penned by Associate Justice Hakim S.
presumption of regularity of performance of official duty. Abdulwahid, with Associate Justice Ricardo R. Rosario and
567 Associate Justice Rodil V. Zalameda, concurring.
PETITION for review on certiorari of the decision and resolution 2 Id., at pp. 4445.
of the Court of Appeals.
3 Id., at pp. 144157.
The facts are stated in the opinion of the Court.
568executed in their favor by the heirs of Pedro
Riguera & Riguera Law Office for petitioners.
Dimaguila (Pedro).
Edgardo M. Salandanan for respondents.
In their Answer, the Dimaguilas and the other defendants
countered that there was no coownership to speak of in the first
MENDOZA, J.: place. They alleged that the subject property, then owned by
This is a petition for review on certiorari under Rule 45 of the Maria Ignacio Buenaseda, had long been partitioned equally
Rules of Court assailing the August 15, 2011 Decision1 and the between her two sons, Perfecto and Vitaliano Dimaguila, through
March 5, 2012 Resolution2 of the Court of Appeals (CA), in CA a Deed of Extrajudicial Partition, with its southernhalf portion
G.R. CV No. 92707, which affirmed the August 23, 2007 assigned to Perfecto and the northernhalf portion to Vitaliano.
Decision3 of the Regional Trial Court, Branch 27, Santa Cruz, They claimed that they were the heirs of Vitaliano and that
Laguna (RTC), in Civil Case No. SC3108. Spouses Monteiro had nothing to do with the property as they
were not heirs of either Perfecto or Vitaliano.
The Facts During the course of the proceedings, several incidents were
On July 5, 1993, the respondent spouses, Jose and Sonia initiated, namely: (a) Motion to Dismiss for lack of legal capacity
Monteiro (Spouses Monteiro), along with Jose, Gerasmo, Elisa, to sue of Spouses Monteiro and for lack of cause of action; (b)
and Clarita Nobleza, filed their Complaint for Partition and Motion for Reconsideration of the Order of denial thereof, which
Damages before the RTC, against the petitioners, Theresita, was denied; (c) Motion for Production and Inspection of
Juan, Asuncion, Patrocinia, Ricardo, and Gloria Dimaguila (The Documents; (d) Motion for Reconsideration of the Order granting
Dimaguilas), together with Rosalina, Jonathan, Eve, Sol, Venus, the same, which was denied; (e) Motion to Defer Pretrial; (f)
Enrique, Nina, Princess Arieta, and Evangelina Borlaza. The Notice of Consignation by the petitioners in the exercise of their
complaint alleged that all the parties were coowners and prayed alleged right of redemption of the share being claimed by the
for the partition of a residential house and lot located at Gat. Spouses Monteiro in light of the deed of sale they produced and
Tayaw St., Liliw, Laguna, with an area of 489 square meters, and claimed to have been executed by the heirs of Pedro in their favor;
covered by Tax Declaration No. 1453. Spouses Monteiro anchored (g) Motion to Remove Sonia Monteiro (Sonia) as plaintiff, which
their claim on a deed of sale was denied; (h) Motion for Reconsideration thereof, which was
_______________ also denied; (i) Motion for Clarification and/or Extended
Resolution; and (j) Motion to Suspend Proceedings due to a
pending Petition for Certiorari before the CA assailing several of Pedro, they discovered that the subject portion was being
the RTC orders. The proceedings resumed after the promulgation occupied by the Dimaguilas.
by the CA of its April 5, 2000 Resolution in CAG.R. No. SP In their Answer5 to the amended complaint, the Dimaguilas
52833, which upheld the assailed RTC orders. admitted that the subject property was inherited by, and
On January 2, 2001, upon resumption of the proceedings, _______________
Spouses Monteiro filed their Motion for Leave to Amend 4 Records, Vol. II, pp. 289308.
569and/or Admit Amended Complaint.4 The RTC granted their 5 Id., at pp. 315328.
motion. The amended complaint abandoned the original claim for 570divided equally between Perfecto and Vitaliano, but denied
partition and instead sought the recovery of possession of a the admission in their original answer that it had been actually
portion of the subject property occupied by the Dimaguilas and divided into southern and northern portions. Instead, they argued
other defendants, specifically, the portion sold to the couple by the that the Extrajudicial Partition mentioned only the division of the
heirs of Pedro. Furthermore, only Spouses Monteiro were subject property “into two and share and share alike.” In effect,
retained as plaintiffs and the Dimaguilas as defendants. they argued the existence of a coownership, contrary to their
In amending their complaint, Spouses Montiero adopted the original position. The Dimaguilas further argued that
Dimaguilas’ admission in their original answer that the subject the Bilihandid not specify the metes and bounds of the property
property had already been partitioned between Perfecto and sold, in violation of Article 1458 of the Civil Code. Even assuming
Vitaliano, through a Deed of Extrajudicial Partition, dated that such had been specified, they averred that the sale of a
October 5, 1945, and that during their lifetime, the brothers definite portion of a property owned in common was void since a
agreed that Perfecto would become the owner of the southernhalf coowner could only sell his undivided share in the property.
portion and Vitaliano of the northernhalf portion, which division During the trial, Spouses Monteiro presented Pedrito Adrieta,
was observed and respected by them as well as their heirs and brother of Sonia Monteiro (Sonia), who testified that Perfecto was
successorsininterest. his grandfather and that at the time of Perfecto’s death, he had
Spouses Monteiro further averred that Perfecto was survived two properties, one of which was the subject property in Liliw,
by Esperanza, Leandro and Pedro, who had divided the southern Laguna, which went to his children, Esperanza, Leonardo and
half portion equally amongst themselves, with their respective 1/3 Pedro. Pedro was survived by his children Pedrito, Theresita,
shares measuring 81.13 square meters each; that Pedro’s share Francisco, and Luis, who, in turn, sold their rights over the
pertains to the 1/3 of the southernhalf immediately adjacent to subject property to Sonia.
the northernhalf adjudicated to the Dimaguilas as heirs of Sonia testified that she was approached by Pedro’s son,
Vitaliano; that on September 29, 1992, Pedro’s share was sold by Francisco, and was asked if she was interested in purchasing
his heirs to them through a Bilihan ng Lahat Naming Karapatan Pedro’s 1/3 share of the southern portion of the Bahay na Bato,
(Bilihan) with the acquiescence of the heirs of Esperanza and and that he showed her a deed of extrajudicial partition executed
Leandro appearing in an Affidavit of Conformity and Waiver; and by and between Perfecto and Vitaliano, as well as the tax
that when they attempted to take possession of the share of
declaration of the property to prove that the property had already WHEREOF, judgment is hereby rendered in favor of the
been partitioned between the two brothers. plaintiffs and against the defendants:
Engineer Baltazar F. Mesina testified that he was the geodetic a. Ordering the defendants and all persons claiming rights under
engineer hired by Spouses Monteiro to survey the property in them to peacefully vacate and turnover possession of 1/3 of the
Liliw, and recounted that he checked the boundary of the subject southern portion of the property covered by Tax Declaration
property, subdivided the lot into two and came up with a survey No. 1453, specifically described as “A” of Lot 877 in the sketch
plan. plan marked as Exhibit “I”, within 60 days from the finality of
Crisostomo Arves, an employee from the Office of the this Decision, failing which let a writ of possession issue;
Municipal Assessor, presented a certified true copy of the b. Ordering the defendants to pay the plaintiffs, jointly and
cadastral map of Liliw and a list of claimants/owners. solidarily, the
571 572amount of P500 per month in the form of rent for the
Dominga Tolentino, a record officer of the Department of use of the property from July 1993 until the property is
Environment and Natural Resources (DENR), testified that as vacated;
part of her duties, she certifies and safekeeps the records of c. Ordering the defendants to pay the plaintiffs, jointly and
surveyed land, including cadastral maps from the region. solidarily, attorney’s fees of P30,000 and litigation expense of
One of the Dimaguilas, Asuncion, was the sole witness for the P20,000.
defendants. She testified that their first counsel made a mistake SO ORDERED.6
when he alleged in their original answer that the property had
already been partitioned into northern and southern portions The RTC found that although the extrajudicial partition
between the two brothers, as the original answer had been rushed merely divided the property into two share and share alike,
and they were never given a copy of it. She claimed that the evidence aliunde was appreciated to show that there was an
mistake was only pointed out to her by their new counsel after actual division of the property into south and north between
their former counsel withdrew due to cancer. She further testified Perfecto and Vitaliano, and that such partition was observed and
that there was no intention to partition the “bahay na bato” which honored by their heirs. These pieces of evidence were the
stood on the subject property, in order to preserve its historical cadastral map of Liliw7 and a corresponding list of claimants,
and sentimental value. which showed that the subject property had long been registered
as Lot 876 (northernhalf), claimed by Buenaventura
Ruling of the RTC Dimaguila (Buenaventura), an heir of Vitaliano, and Lot 877
In its August 23, 2007 Decision, the RTC ruled in favor of (southernhalf), claimed by Perfecto.
Spouses Monteiro and ordered the Dimaguilas to turn over the
possession of the subject 1/3 portion of the southernhalf of the The RTC held that the manner of partition was admitted by
property, to wit: the Dimaguilas themselves in their original answer. It gave no
credence to the claim of Asuncion that such admission was an
error of their former counsel and that she was unaware of the estopped from denying their admission of partition after the
contents of their original answer. It noted that the Dimaguilas respondent spouses had relied on their judicial admission.
had strongly maintained their theory of partition from 1992 when The Dimaguilas also insisted on their argument, which was
the complaint was first filed, and only changed their defense in raised before the RTC, but not addressed, that the Bilihan should
2001 when Spouses Monteiro filed their amended complaint. It not have been admitted as evidence for lack of a documentary
keenly observed that it was precisely their admission which stamp tax, in accordance with Section 201 of the National
propelled Spouses Monteiro to amend their complaint from one of Internal Revenue Code (NIRC). Citing Gabucan v. Manta10 and
partition to recovery of possession. Thus, the RTC concluded that
Del Rosario v. Hamoy,11 the CA, however, ruled
there was indeed a partition of the subject property into southern
_______________
half and north
8 Records, Vol. III, Exhibit “J,” p. 519.
_______________
9 Records, Vol. I, Exhibit “A,” pp. 2425.
6 Rollo, pp. 156157. 10 184 Phil. 588; 95 SCRA 752 (1980).
7 Records, Vol. I, Exhibit “A,” pp. 2425. 11 235 Phil. 719; 151 SCRA 719 (1987).
573ernhalf portions between Perfecto and Vitaliano and that the 574that if a document which did not bear the required
Dimaguilas were estopped from denying the same. documentary stamp was presented in evidence, the court should
As to the authenticity of the Bilihan, where the 1/3 share of require the proponent to affix the requisite stamp. The CA noted
Pedro was sold to Spouses Monteiro, the RTC found the document that the RTC had failed to direct Spouses Monteiro to affix the
to be regular and authentic absent any piece of evidence to the stamp and merely reminded the presiding judge to be more
contrary. It stated that the proper persons to contest the sale vigilant on similar situations in the future. Nonetheless, it held
were not the Dimaguilas, who were the heirs of Vitaliano, but the that the petitioners did not possess the necessary personality to
heirs of Perfecto. It noted that the records showed that the heirs assail the sale between Spouses Monteiro and the heirs of Pedro
of Esperanza and Leandro (Pedro’s siblings), had signified their because it pertained to the southernhalf of the property to which
conformity to the partition and to the sale of Pedro’s 1/3 portion. they had no claim.
The CA likewise found sufficient basis for the award of rentals
Ruling of the CA as compensatory damages since Spouses Monteiro were
In its assailed August 15, 2011 Decision, the CA affirmed the wrongfully deprived of possession of the 1/3 portion of the
ruling of the RTC. southernhalf of the subject property. It also upheld the award of
The CA found that Spouses Monteiro had established their attorney’s fees and litigation expenses by the RTC, considering
case by a preponderance of evidence thru their presentation of the that Spouses Monteiro were compelled to litigate and incur
Deed of Extrajudicial Partition,8 the cadastral map and the expenses to protect their rights and interest.
municipal assessor’s records.9 It noted, more importantly, that the In its assailed March 5, 2012 Resolution, the CA denied the
Dimaguilas themselves corroborated the claim of partition in petitioners’ motion for reconsideration for lack of merit.
their original answer. It likewise ruled that the petitioners were Hence, this petition.
Assignment of Errors VII
I THE COURT OF APPEALS GRAVELY ERRED WHEN
THE COURT OF APPEALS GRAVELY ERRED IN IT FAILED TO CONSIDER THE PETITIONERS’
FINDING THAT THERE WAS AN ACTUAL SUPPLEMENTAL ANSWER TO AMENDED
PARTITION OF THE PROPERTY COVERED BY TAX COMPLAINT AND TO GRANT THE
DECLARATION NO. 1453. COUNTERCLAIMS INTERPOSED THEREIN.12
II
THE COURT OF APPEALS GRAVELY ERRED IN The Dimaguilas argue that their original allegation regarding
FINDING THAT THE 1/3 PORTION OF THE the partition of the subject property into northern and southern
SOUTHERN HALF OF THE PROPERTY WAS SOLD portions was a mistake of their former counsel, and it was not
TO THE RESPONDENTS. their intention to partition the property because to do so would
575 damage the house thereon. Even assuming an
III _______________
THE COURT OF APPEALS GRAVELY ERRED IN 12 Rollo, pp. 1314.
ADMITTING IN EVIDENCE EXHIBIT C, THE 576admission was made, the petitioners aver that such was made
BILIHAN NG LAHAT NAMING KARAPATAN. only by some, but not all, of the coowners; and that partition can
only be made by all coowners, and allowing the admission is
IV
tantamount to effecting partition by only some coowners.
THE COURT OF APPEALS GRAVELY ERRED IN
Spouses Monteiro themselves, in their original complaint, made
RULING THAT THE RESPONDENTS ARE
an admission that they were coowners of the property and
ENTITLED TO RECOVER POSSESSION OF THE 1/3 asserted that there was no partition. The
PORTION OF THE SOUTHERN HALF OF THE
evidence aliunde considered by the RTC, consisting of the
PROPERTY.
cadastral map and the list of claimants, were timely objected to
V during the trial as hearsay and a violation of the best evidence
THE COURT OF APPEALS GRAVELY ERRED IN rule.
FINDING THE PETITIONERS LIABLE FOR The petitioners reiterate that the Bilihan should not have
RENTALS FOR THE USE OF THE PROPERTY been admitted into evidence because it lacked the documentary
FROM JULY 1993 UNTIL VACATED. stamp tax required by Section 201 of the NIRC, providing that no
VI document shall be admitted in evidence until the requisite stamps
THE COURT OF APPEALS GRAVELY ERRED IN have been affixed thereto. They argue that the ruling of
HOLDING THE PETITIONERS LIABLE FOR petitioners’ lack of personality to assail the deed of sale is
ATTORNEY’S FEES AND LITIGATION EXPENSES. different from the issue of the deed of sale’s admissibility as
evidence. They conclude that considering that no documentary evidence, which is the weight, credit, and value of the aggregate
stamp was ever affixed on the deed of sale, such should never evidence on either side, synonymous with the term “greater
have been admitted into evidence and consequently, should not weight of the evidence.” Preponderance of evidence is evidence
have been relied upon by the lower courts to prove the sale of 1/3 which is more convincing to the court as worthy of belief than
of the southern portion; and that considering that the Bilihan is that which is offered in opposition thereto.14
inadmissible as evidence, the respondent spouses have no basis To prove their claim of partition, the respondent spouses
for their claim to the subject 1/3 portion of the southernhalf of presented the following: (1) the Deed of Extrajudicial Partition,
the property. Thus, they insist that the lower courts erred in dated October 5, 1945, executed by and between the brothers
awarding to Spouses Monteiro the possession of the subject Perfecto and Vitaliano; (2) the cadastral map of Liliw
property, the rentals, attorney’s fees and litigation expenses, and
in failing to rule on their counterclaim for demolition of _______________
improvements and payment of damages.
The assignment of errors boils down to two main issues: 13 Heirs of Vda. Dela Cruz v. Heirs of Fajardo, G.R. No.
1. Whether there was a partition of the subject property; and 184966, May 30, 2011, 649 SCRA 463, 470.
577 14 Bank of the Philippine Islands v. Spouses Royeca, 581 Phil.
2. Whether the 1/3 portion of the southernhalf of the subject 188, 194; 559 SCRA 207, 215 (2008).
property was sold to the respondent spouses. 578Cadm484,15 dated August 6, 1976, showing that the subject
property had been divided into southern and northern portions,
Ruling of the Court registered as Lot Nos. 876 and 877; and (3) the Municipal
At the outset, it must be pointed out that the petitioners’ Assessor’s records16 showing that the said lots were respectively
assignment of errors calls for the Court to again evaluate the claimed by Buenaventura and Perfecto.
evidence to determine whether there was a partition of the It is undisputed that the Deed of Extrajudicial Partition stated
property and whether the 1/3 portion of the southern half was that Perfecto and Vitaliano agreed “to divide between them into
sold to the respondent spouses. These clearly entail questions of two and share and share alike” the subject property, including the
fact which are beyond the Court’s ambit of review under Rule 45 house situated thereon. It appears, however, that the property
of the Rules of Court, especially considering that the findings of was actually partitioned into definite portions, namely, southern
fact of the RTC were affirmed by the CA. 13 On this ground alone, and northern halves, as reflected in the cadastral map of Liliw,
the present petition must be denied. Nonetheless, the Court shall which were respectively claimed by an heir of Vitaliano and
delve into these factual issues to finally put this case to rest. Perfecto himself. It, thus, appears that the subject property had
already been partitioned into definite portions more than 20 years
Partition of the Subject Property prior to the original complaint for partition filed in 1993, and that
Spouses Monteiro, as plaintiffs in the original case, had the such division had been observed by the brothers’ heirs. As earlier
burden of proof to establish their case by a preponderance of
pointed out, the petitioners themselves admitted to this very fact showing that it was made through palpable mistake. The
in their original answer, to wit: petitioners argue that such admission was the palpable mistake
(b) On September 5, 1945 the brothers PERFECTO and of their former counsel in his rush to file the answer, a copy of
VITALIANO DIMAGUILA executed a deed of which was not provided to them. Petitioner Asuncion testified:
EXTRAJUDICIAL PARTITION of the aforedescribed Q So, why was that allegations (sic) made in the Answer?
property dividing the same into two (2) equal parts as A May be, (sic) in his rush to file the Answer, Atty. Paredes filed
indicated in the aforesaid deed as follows, to wit: the same without giving us a copy…19
x x x _______________
(c) As a result of the foregoing partition and as known by 17 Records, Vol. I, pp. 1112.
all the parties in this case from the beginning or as soon as 18 Section 4. Judicial admissions.—An admission, verbal or
they reached the age of discernment PERFECTO written, made by the party in the course of the proceedings in the
DIMAGUILA became the sole and exclusive owner of the same case, does not require proof. The admission may be
southern half of the aforedescribed property and contradicted only by showing that it was made through palpable
VITALIANO DIMAGUILA became the mistake or that no such admission was made.
_______________ 19 TSN, December 1, 2005, p. 15.
15 Records, Vol. III, Exhibit “J,” p. 519. 580
16 Records, Vol. III, Exhibit “L,” p. 556. This contention is unacceptable. It is a purely selfserving
579sole owner of the northern half of the same property; claim unsupported by any iota of evidence. Bare allegations,
the house that was built thereon and still existing up to unsubstantiated by evidence, are not equivalent to
this time was likewise equally divided between the two (2) proof.20 Furthermore, the Court notes that this position was
DIMAGUILA brothers in accordance with the extrajudicial adopted by the petitioners only almost eight (8) years after their
partition of half equal shares; original answer was filed, in response to the amended complaint
x x x of the respondent spouses. In their original answer to the
2. In other words, the share of VITALIANO DIMAGUILA complaint for partition, their claim that there was already a
in the above described property has already been long partition into northernhalf and southernhalf portions, was the
segregated and had passed on to his heirs as is very well very essence of their defense. It was precisely this admission
known by all the parties in this case;17 which moved the respondent spouses to amend their complaint.
x x x The petitioners cannot now insist that the very foundation of
(Emphases in the Original) their original defense was a palpable mistake.
Article 143121 of the Civil Code provides that through estoppel,
Section 418 of Rule 129 of the Rules of Court provides that an an admission is rendered conclusive upon the person making it,
admission made by a party in the course of the proceedings in the and cannot be denied or disproved as against the person relying
same case does not require proof, and may be contradicted only by thereon. The respondent spouses had clearly relied on the
petitioners’ admission and so amended their original complaint _______________
for partition to one for recovery of possession of a portion of the 22 Section 3. Original document must be produced;
subject property. Thus, the petitioners are now estopped from exceptions.—When the subject of inquiry is the contents of a
denying or attempting to prove that there was no partition of the document, no evidence shall be admissible other than the original
property. document itself, except in the following cases:
Considering that an admission does not require proof, the x x x
admission of the petitioners would actually be sufficient to prove (d) When the original is a public record in the custody
the partition even without the documents presented by the of a public officer or is recorded in a public office.
respondent spouses. If anything, the additional evidence they
23 Section 7. Evidence admissible when original document is
presented only served to corroborate the petitioners’ admission.
a public record.—When the original of document is in the custody
The petitioners argue that they timely objected to the
cadastral map and the list of claimants presented by the re of public officer or is recorded in a public office, its contents may
_______________ be proved by a certified copy issued by the public officer in
custody thereof.
20 Rosaroso v. Soria, G.R. No. 194846, June 19, 2013, 699
24 Section 24. Proof of official record.—The record of public
SCRA 232.
21 Art. 1431. Through estoppel an admission or documents referred to in paragraph (a) of Section 19, when
representation is rendered conclusive upon the person making it, admissible for any purpose, may be evidenced by an official
and cannot be denied or disproved as against the person relying publication thereof or by a copy attested by the officer having the
thereon. legal custody of the record, or by his deputy, and accompanied, if
581spondent spouses, on the ground that they violated the rule the record is not kept in the Philippines, with a certificate that
on hearsay and the best evidence rule. such officer has the custody. If the office in which the record is
Anent the best evidence rule, Section 3(d) of Rule 130 of the kept is in foreign country, the certificate may be made by a
Rules of Court provides that when the subject of inquiry is the secretary of the embassy or legation, consul general, consul, vice
contents of a document, no evidence shall be admissible other consul, or consular agent or by any officer in the foreign service of
than the original document itself, except when the original is a the Philippines stationed in the foreign country in which the
public record in the custody of a public officer or is recorded in a record is kept, and authenticated by the seal of his office.
public office.22 Section 7 of the same Rule provides that when the 582
Certified true copies of the cadastral map of Liliw and the
original of a document is in the custody of a public officer or is
corresponding list of claimants of the area covered by the map
recorded in a public office, its contents may be proved by a
were presented by two public officers. The first was Crisostomo
certified copy issued by the public officer in custody
Arves, Clerk III of the Municipal Assessor’s Office, a repository of
thereof.23Section 24 of Rule 132 provides that the record of public
such documents. The second was Dominga Tolentino, a DENR
documents may be evidenced by a copy attested by the officer
employee, who, as a record officer, certifies and safekeeps records
having the legal custody or the record.24
of surveyed land involving cadastral maps. The cadastral maps Even granting that the petitioners had not admitted the
and the list of claimants, as certified true copies of original public partition, they presented no evidence to contradict the evidence of
records, fall under the exception to the best evidence rule. the respondent spouses. Thus, even without the admission of the
As to the hearsay rule, Section 44 of Rule 130 of the Rules of petitioners, the respondent spouses proved by a preponderance of
Court similarly provides that entries in official records are an evidence that there had indeed been a partition of the subject
exception to the rule.25 The rule provides that entries in official property.
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 Sale of 1/3 Portion of the Southernhalf
specially enjoined by law, are prima facie evidence of the facts To prove that 1/3 of the southernhalf portion of the subject
therein stated. The necessity of this rule consists in the property was sold to them, Spouses Monteiro presented a deed of
inconvenience and difficulty of requiring the official’s attendance sale entitled Bilihan ng Lahat Naming Karapatan,28 dated
as a witness to testify to the innumerable transactions in the September 29, 1992, wherein Pedro’s share was sold by his heirs
course of his duty. The document’s trustworthiness consists in the to them, with the acquiescence of the heirs of Esperanza and
presumption of regularity of performance of official duty.26 Leandro in an Affidavit of Conformity and Waiver. 29 The
Cadastral maps are the output of cadastral surveys. The petitioners argue that the Bilihan should not have been admitted
DENR is the department tasked to execute, supervise and into evidence because it lacked the documentary stamp tax
manage the conduct of cadastral surveys. 27 It is, therefore, clear required by Section 201 of the NIRC.
that the cadastral map and the corresponding list of claimants On August 29, 1994, the petitioners filed a motion for the
qualify as entries in official records as they were prepared by the production and/or inspection of documents,30 praying that Spouses
DENR, as mandated by law. As such, they Monteiro be ordered to produce the deed of sale, which they cited
_______________ as the source of their rights as coowners. On November 20, 1995,
25 Section 44. Entries in official records.—Entries in official Spouses Monteiro submitted their compliance,31 furnishing the
records made in the performance of his duty by a public officer of RTC and the petitioners with a copy 32 of the Bilihan. On January
the Philippines, or by a person in the performance of a duty 3, 1996, the petitioners filed a notice of consignation, 33manifesting
specially enjoined by law, are prima facie evidence of the facts that they had attempted to exercise their right of redemption as
therein stated. coowners of the 1/3 portion of the southern half of the property
26 Oscar M. Herrera, Remedial Law: Vol. V, (Quezon City, under Article
Philippines, Rex Printing Company, Inc., 2004), p. 740. _______________
27 DENR Admin. Order 200123. 28 Records, Vol. III, Exhibit “C,” p. 514.
583are exceptions to the hearsay rule and are prima 29 Records, Vol. I, pp. 303305.
facieevidence of the facts stated therein. 30 Id., at pp. 7576.
31 Id., at p. 111.
32 Id., at p. 112. Property, unless accompanied by an affidavit of the vendor that
33 Id., at pp. 113115. he has given written notice thereof to all possible redemptioners.
584162334 of the Civil Code by sending and tendering payment of The right of redemption of coowners excludes that of
redemption to Spouses Monteiro, which was, however, returned. adjoining owners.
By filing the notice of consignation and tendering their 35 Records, Vol. I, p. 112.
payment for the redemption of the 1/3 portion of the southernhalf 585quiesced to the sale and waived their right to the property in
of the property, the petitioners, in effect, admitted the existence, the affidavit presented by Spouses Monteiro. 36 As such, the
petitioners have no right to their counterclaims of demolition of
due execution and validity of the Bilihan. Consequently, they are
improvements and payment of damages.
now estopped from questioning its admissiblity in evidence for
With Spouses Monteiro having sufficiently proved their claim
relying on such for their right of redemption. Additionally, the
over the subject 1/3 portion of the southernhalf of the property
Court notes that the copy35 of the Bilihan which was originally
through the Bilihan, the lower courts did not err in awarding
submitted by Spouses Monteiro with its compliance filed on
possession, rentals, attorney’s fees, and litigation expenses to
November 20, 1995, does in fact bear a documentary stamp tax. It
them.
could only mean that the documentary stamp tax on the sale was
The Court, however, finds that the award of rentals should be
properly paid. The Bilihan was, therefore, properly admitted into reckoned from January 2, 2001, the date the Spouses Monteiro
evidence and considered by the RTC. filed their Amended Complaint seeking recovery of the subject
In any case, as correctly held by the lower courts, the
portion. Interest at the rate of 6% per annum shall also be
petitioners, as heirs of Vitaliano, who inherited the northernhalf
imposed on the total amount of rent due from finality of this
portion of the subject property, do not possess the necessary
Decision until fully paid.37
personality to assail the sale of the southernhalf portion between
WHEREFORE, the petition is DENIED. The August 15,
Spouses Monteiro and the heirs of Pedro. They are not real
2011 Decision and the March 5, 2012 Resolution of the Court of
partiesininterest who stand to be benefited or injured by the
Appeals, in CAG.R. CV No. 92707 are AFFIRMED with
sale of the 1/3 portion of the southernhalf over which they have
absolutely no right. As correctly ruled by the courts below, only MODIFICATION, in that:
fellow coowners have the personality to assail the sale, namely, a. The award of rent at the rate of P500.00 per month shall
the heirs of Pedro’s siblings, Esperanza and Leandro. They have, be reckoned from January 2, 2001 until the property is
however, expressly ac vacated; and
_______________ b. Interest at the rate of 6% per annum shall be imposed on
34 Art. 1623. The right of legal preemption or redemption the total amount of rent due from finality of this Decision
shall not be exercised except within thirty days from the notice in until fully paid.
writing by the prospective vendor, or by the vendor, as the case SO ORDERED.
may be. The deed of sale shall not be recorded in the Registry of
Velasco, Jr. (Chairperson), Peralta, Abad and Leonen,
JJ., concur.
Petition denied, judgment and resolution affirmed with
modification.
_______________
36 Id., at pp. 303304.
37 Nacar v. Gallery Frames, G.R. No. 189871, August 13,
2013, 703 SCRA 439.
586
Notes.―Acts of facts admitted do not require proof and
cannot be contradicted unless it is shown that the admission was
made through palpable mistake or that no such admission was
made. (Vidar vs. People, 611 SCRA 216 [2010])
Judicial admissions made by parties in the pleadings, or in the
course of the trial or other proceedings in the same case are
conclusive and so does not require further evidence to prove
them. (Philippine Long Distance Telephone Company vs.
Pingol, 630 SCRA 413 [2013])
——o0o——
G.R. No. 201011. January 27, 2014.*
THERESITA, JUAN, ASUNCION, PATROCINIA, RICARDO and
GLORIA, all surnamed DIMAGUILA, petitioners, vs. JOSE and
SONIA A. MONTEIRO, respondents.
Remedial Law; Evidence; Admissions; Section 4 of Rule 129 Same; Same; Best Evidence Rule; Anent the best evidence
of the Rules of Court provides that an admission made by a party rule, Section 3(d) of Rule 130 of the Rules of Court provides that
in the course of the proceedings in the same case does not require when the subject of inquiry is the contents of a document, no
proof, and may be contradicted only by showing that it was made evidence shall be admissible other than the original document
through palpable mistake.—Section 4 of Rule 129 of the Rules of itself, except when the original is a public record in the custody of
Court provides that an admission made by a party in the course of a public officer or is recorded in a public office.—Anent the best
the proceedings in the same case does not require proof, and may evidence rule, Section 3(d) of Rule 130 of the Rules of Court
be contradicted only by showing that it was made through provides that when the subject of inquiry is the contents of a
palpable mistake. The petitioners argue that such admission was document, no evidence shall be admissible other than the original
the palpable mistake of their former counsel in his rush to file the document itself, except when the original is a public record in the
answer, a copy of which was not provided to them. custody of a public officer or is recorded in a public office. Section
Same; Same; Same; Article 1431 of the Civil Code provides 7 of the same Rule provides that when the original of a document
that through estoppel, an admission is rendered conclusive upon is in the custody of a public officer or is recorded in a public office,
the person making it, and cannot be denied or disproved as its contents may be proved by a certified copy issued by the public
officer in custody thereof. Section 24 of Rule 132 provides that the
against the person relying thereon.—Article 1431 of the Civil Code
record of public documents may be evidenced by a copy attested
provides that through estoppel, an admission is rendered
by the officer having the legal custody or the record.
conclusive upon the person making it, and cannot be denied or
disproved as against the person relying thereon. The respondent Same; Same; Hearsay Evidence Rule; The rule provides that
spouses had clearly relied on the petitioners’ admission and so entries in official records made in the performance of the duty of a
amended their original complaint for partition to one for recovery public officer of the Philippines, or by a person in the performance
of possession of a portion of the of a duty specially enjoined by law, are prima facie evidence of the
______________ facts therein stated.—As to the hearsay rule, Section 44 of Rule
* THIRD DIVISION. 130 of the Rules of Court similarly provides that entries in official
566subject property. Thus, the petitioners are now estopped records are an exception to the rule. The rule provides that
from denying or attempting to prove that there was no partition entries in official records made in the performance of the duty of a
of the property. Considering that an admission does not require public officer of the Philippines, or by a person in the performance
proof, the admission of the petitioners would actually be sufficient
of a duty specially enjoined by law, are prima facie evidence of the
to prove the partition even without the documents presented by
facts therein stated. The necessity of this rule consists in the
the respondent spouses. If anything, the additional evidence they
inconvenience and difficulty of requiring the official’s attendance
presented only served to corroborate the petitioners’ admission.
as a witness to testify to the innumerable transactions in the
course of his duty. The document’s trustworthiness consists in the 1 Rollo, pp. 2943; penned by Associate Justice Hakim S.
presumption of regularity of performance of official duty. Abdulwahid, with Associate Justice Ricardo R. Rosario and
567 Associate Justice Rodil V. Zalameda, concurring.
PETITION for review on certiorari of the decision and resolution 2 Id., at pp. 4445.
of the Court of Appeals.
3 Id., at pp. 144157.
The facts are stated in the opinion of the Court.
568executed in their favor by the heirs of Pedro
Riguera & Riguera Law Office for petitioners.
Dimaguila (Pedro).
Edgardo M. Salandanan for respondents.
In their Answer, the Dimaguilas and the other defendants
countered that there was no coownership to speak of in the first
MENDOZA, J.: place. They alleged that the subject property, then owned by
This is a petition for review on certiorari under Rule 45 of the Maria Ignacio Buenaseda, had long been partitioned equally
Rules of Court assailing the August 15, 2011 Decision1 and the between her two sons, Perfecto and Vitaliano Dimaguila, through
March 5, 2012 Resolution2 of the Court of Appeals (CA), in CA a Deed of Extrajudicial Partition, with its southernhalf portion
G.R. CV No. 92707, which affirmed the August 23, 2007 assigned to Perfecto and the northernhalf portion to Vitaliano.
Decision3 of the Regional Trial Court, Branch 27, Santa Cruz, They claimed that they were the heirs of Vitaliano and that
Laguna (RTC), in Civil Case No. SC3108. Spouses Monteiro had nothing to do with the property as they
were not heirs of either Perfecto or Vitaliano.
The Facts During the course of the proceedings, several incidents were
On July 5, 1993, the respondent spouses, Jose and Sonia initiated, namely: (a) Motion to Dismiss for lack of legal capacity
Monteiro (Spouses Monteiro), along with Jose, Gerasmo, Elisa, to sue of Spouses Monteiro and for lack of cause of action; (b)
and Clarita Nobleza, filed their Complaint for Partition and Motion for Reconsideration of the Order of denial thereof, which
Damages before the RTC, against the petitioners, Theresita, was denied; (c) Motion for Production and Inspection of
Juan, Asuncion, Patrocinia, Ricardo, and Gloria Dimaguila (The Documents; (d) Motion for Reconsideration of the Order granting
Dimaguilas), together with Rosalina, Jonathan, Eve, Sol, Venus, the same, which was denied; (e) Motion to Defer Pretrial; (f)
Enrique, Nina, Princess Arieta, and Evangelina Borlaza. The Notice of Consignation by the petitioners in the exercise of their
complaint alleged that all the parties were coowners and prayed alleged right of redemption of the share being claimed by the
for the partition of a residential house and lot located at Gat. Spouses Monteiro in light of the deed of sale they produced and
Tayaw St., Liliw, Laguna, with an area of 489 square meters, and claimed to have been executed by the heirs of Pedro in their favor;
covered by Tax Declaration No. 1453. Spouses Monteiro anchored (g) Motion to Remove Sonia Monteiro (Sonia) as plaintiff, which
their claim on a deed of sale was denied; (h) Motion for Reconsideration thereof, which was
_______________ also denied; (i) Motion for Clarification and/or Extended
Resolution; and (j) Motion to Suspend Proceedings due to a
pending Petition for Certiorari before the CA assailing several of Pedro, they discovered that the subject portion was being
the RTC orders. The proceedings resumed after the promulgation occupied by the Dimaguilas.
by the CA of its April 5, 2000 Resolution in CAG.R. No. SP In their Answer5 to the amended complaint, the Dimaguilas
52833, which upheld the assailed RTC orders. admitted that the subject property was inherited by, and
On January 2, 2001, upon resumption of the proceedings, _______________
Spouses Monteiro filed their Motion for Leave to Amend 4 Records, Vol. II, pp. 289308.
569and/or Admit Amended Complaint.4 The RTC granted their 5 Id., at pp. 315328.
motion. The amended complaint abandoned the original claim for 570divided equally between Perfecto and Vitaliano, but denied
partition and instead sought the recovery of possession of a the admission in their original answer that it had been actually
portion of the subject property occupied by the Dimaguilas and divided into southern and northern portions. Instead, they argued
other defendants, specifically, the portion sold to the couple by the that the Extrajudicial Partition mentioned only the division of the
heirs of Pedro. Furthermore, only Spouses Monteiro were subject property “into two and share and share alike.” In effect,
retained as plaintiffs and the Dimaguilas as defendants. they argued the existence of a coownership, contrary to their
In amending their complaint, Spouses Montiero adopted the original position. The Dimaguilas further argued that
Dimaguilas’ admission in their original answer that the subject the Bilihandid not specify the metes and bounds of the property
property had already been partitioned between Perfecto and sold, in violation of Article 1458 of the Civil Code. Even assuming
Vitaliano, through a Deed of Extrajudicial Partition, dated that such had been specified, they averred that the sale of a
October 5, 1945, and that during their lifetime, the brothers definite portion of a property owned in common was void since a
agreed that Perfecto would become the owner of the southernhalf coowner could only sell his undivided share in the property.
portion and Vitaliano of the northernhalf portion, which division During the trial, Spouses Monteiro presented Pedrito Adrieta,
was observed and respected by them as well as their heirs and brother of Sonia Monteiro (Sonia), who testified that Perfecto was
successorsininterest. his grandfather and that at the time of Perfecto’s death, he had
Spouses Monteiro further averred that Perfecto was survived two properties, one of which was the subject property in Liliw,
by Esperanza, Leandro and Pedro, who had divided the southern Laguna, which went to his children, Esperanza, Leonardo and
half portion equally amongst themselves, with their respective 1/3 Pedro. Pedro was survived by his children Pedrito, Theresita,
shares measuring 81.13 square meters each; that Pedro’s share Francisco, and Luis, who, in turn, sold their rights over the
pertains to the 1/3 of the southernhalf immediately adjacent to subject property to Sonia.
the northernhalf adjudicated to the Dimaguilas as heirs of Sonia testified that she was approached by Pedro’s son,
Vitaliano; that on September 29, 1992, Pedro’s share was sold by Francisco, and was asked if she was interested in purchasing
his heirs to them through a Bilihan ng Lahat Naming Karapatan Pedro’s 1/3 share of the southern portion of the Bahay na Bato,
(Bilihan) with the acquiescence of the heirs of Esperanza and and that he showed her a deed of extrajudicial partition executed
Leandro appearing in an Affidavit of Conformity and Waiver; and by and between Perfecto and Vitaliano, as well as the tax
that when they attempted to take possession of the share of
declaration of the property to prove that the property had already WHEREOF, judgment is hereby rendered in favor of the
been partitioned between the two brothers. plaintiffs and against the defendants:
Engineer Baltazar F. Mesina testified that he was the geodetic a. Ordering the defendants and all persons claiming rights under
engineer hired by Spouses Monteiro to survey the property in them to peacefully vacate and turnover possession of 1/3 of the
Liliw, and recounted that he checked the boundary of the subject southern portion of the property covered by Tax Declaration
property, subdivided the lot into two and came up with a survey No. 1453, specifically described as “A” of Lot 877 in the sketch
plan. plan marked as Exhibit “I”, within 60 days from the finality of
Crisostomo Arves, an employee from the Office of the this Decision, failing which let a writ of possession issue;
Municipal Assessor, presented a certified true copy of the b. Ordering the defendants to pay the plaintiffs, jointly and
cadastral map of Liliw and a list of claimants/owners. solidarily, the
571 572amount of P500 per month in the form of rent for the
Dominga Tolentino, a record officer of the Department of use of the property from July 1993 until the property is
Environment and Natural Resources (DENR), testified that as vacated;
part of her duties, she certifies and safekeeps the records of c. Ordering the defendants to pay the plaintiffs, jointly and
surveyed land, including cadastral maps from the region. solidarily, attorney’s fees of P30,000 and litigation expense of
One of the Dimaguilas, Asuncion, was the sole witness for the P20,000.
defendants. She testified that their first counsel made a mistake SO ORDERED.6
when he alleged in their original answer that the property had
already been partitioned into northern and southern portions The RTC found that although the extrajudicial partition
between the two brothers, as the original answer had been rushed merely divided the property into two share and share alike,
and they were never given a copy of it. She claimed that the evidence aliunde was appreciated to show that there was an
mistake was only pointed out to her by their new counsel after actual division of the property into south and north between
their former counsel withdrew due to cancer. She further testified Perfecto and Vitaliano, and that such partition was observed and
that there was no intention to partition the “bahay na bato” which honored by their heirs. These pieces of evidence were the
stood on the subject property, in order to preserve its historical cadastral map of Liliw7 and a corresponding list of claimants,
and sentimental value. which showed that the subject property had long been registered
as Lot 876 (northernhalf), claimed by Buenaventura
Ruling of the RTC Dimaguila (Buenaventura), an heir of Vitaliano, and Lot 877
In its August 23, 2007 Decision, the RTC ruled in favor of (southernhalf), claimed by Perfecto.
Spouses Monteiro and ordered the Dimaguilas to turn over the
possession of the subject 1/3 portion of the southernhalf of the The RTC held that the manner of partition was admitted by
property, to wit: the Dimaguilas themselves in their original answer. It gave no
credence to the claim of Asuncion that such admission was an
error of their former counsel and that she was unaware of the estopped from denying their admission of partition after the
contents of their original answer. It noted that the Dimaguilas respondent spouses had relied on their judicial admission.
had strongly maintained their theory of partition from 1992 when The Dimaguilas also insisted on their argument, which was
the complaint was first filed, and only changed their defense in raised before the RTC, but not addressed, that the Bilihan should
2001 when Spouses Monteiro filed their amended complaint. It not have been admitted as evidence for lack of a documentary
keenly observed that it was precisely their admission which stamp tax, in accordance with Section 201 of the National
propelled Spouses Monteiro to amend their complaint from one of Internal Revenue Code (NIRC). Citing Gabucan v. Manta10 and
partition to recovery of possession. Thus, the RTC concluded that
Del Rosario v. Hamoy,11 the CA, however, ruled
there was indeed a partition of the subject property into southern
_______________
half and north
8 Records, Vol. III, Exhibit “J,” p. 519.
_______________
9 Records, Vol. I, Exhibit “A,” pp. 2425.
6 Rollo, pp. 156157. 10 184 Phil. 588; 95 SCRA 752 (1980).
7 Records, Vol. I, Exhibit “A,” pp. 2425. 11 235 Phil. 719; 151 SCRA 719 (1987).
573ernhalf portions between Perfecto and Vitaliano and that the 574that if a document which did not bear the required
Dimaguilas were estopped from denying the same. documentary stamp was presented in evidence, the court should
As to the authenticity of the Bilihan, where the 1/3 share of require the proponent to affix the requisite stamp. The CA noted
Pedro was sold to Spouses Monteiro, the RTC found the document that the RTC had failed to direct Spouses Monteiro to affix the
to be regular and authentic absent any piece of evidence to the stamp and merely reminded the presiding judge to be more
contrary. It stated that the proper persons to contest the sale vigilant on similar situations in the future. Nonetheless, it held
were not the Dimaguilas, who were the heirs of Vitaliano, but the that the petitioners did not possess the necessary personality to
heirs of Perfecto. It noted that the records showed that the heirs assail the sale between Spouses Monteiro and the heirs of Pedro
of Esperanza and Leandro (Pedro’s siblings), had signified their because it pertained to the southernhalf of the property to which
conformity to the partition and to the sale of Pedro’s 1/3 portion. they had no claim.
The CA likewise found sufficient basis for the award of rentals
Ruling of the CA as compensatory damages since Spouses Monteiro were
In its assailed August 15, 2011 Decision, the CA affirmed the wrongfully deprived of possession of the 1/3 portion of the
ruling of the RTC. southernhalf of the subject property. It also upheld the award of
The CA found that Spouses Monteiro had established their attorney’s fees and litigation expenses by the RTC, considering
case by a preponderance of evidence thru their presentation of the that Spouses Monteiro were compelled to litigate and incur
Deed of Extrajudicial Partition,8 the cadastral map and the expenses to protect their rights and interest.
municipal assessor’s records.9 It noted, more importantly, that the In its assailed March 5, 2012 Resolution, the CA denied the
Dimaguilas themselves corroborated the claim of partition in petitioners’ motion for reconsideration for lack of merit.
their original answer. It likewise ruled that the petitioners were Hence, this petition.
Assignment of Errors VII
I THE COURT OF APPEALS GRAVELY ERRED WHEN
THE COURT OF APPEALS GRAVELY ERRED IN IT FAILED TO CONSIDER THE PETITIONERS’
FINDING THAT THERE WAS AN ACTUAL SUPPLEMENTAL ANSWER TO AMENDED
PARTITION OF THE PROPERTY COVERED BY TAX COMPLAINT AND TO GRANT THE
DECLARATION NO. 1453. COUNTERCLAIMS INTERPOSED THEREIN.12
II
THE COURT OF APPEALS GRAVELY ERRED IN The Dimaguilas argue that their original allegation regarding
FINDING THAT THE 1/3 PORTION OF THE the partition of the subject property into northern and southern
SOUTHERN HALF OF THE PROPERTY WAS SOLD portions was a mistake of their former counsel, and it was not
TO THE RESPONDENTS. their intention to partition the property because to do so would
575 damage the house thereon. Even assuming an
III _______________
THE COURT OF APPEALS GRAVELY ERRED IN 12 Rollo, pp. 1314.
ADMITTING IN EVIDENCE EXHIBIT C, THE 576admission was made, the petitioners aver that such was made
BILIHAN NG LAHAT NAMING KARAPATAN. only by some, but not all, of the coowners; and that partition can
only be made by all coowners, and allowing the admission is
IV
tantamount to effecting partition by only some coowners.
THE COURT OF APPEALS GRAVELY ERRED IN
Spouses Monteiro themselves, in their original complaint, made
RULING THAT THE RESPONDENTS ARE
an admission that they were coowners of the property and
ENTITLED TO RECOVER POSSESSION OF THE 1/3 asserted that there was no partition. The
PORTION OF THE SOUTHERN HALF OF THE
evidence aliunde considered by the RTC, consisting of the
PROPERTY.
cadastral map and the list of claimants, were timely objected to
V during the trial as hearsay and a violation of the best evidence
THE COURT OF APPEALS GRAVELY ERRED IN rule.
FINDING THE PETITIONERS LIABLE FOR The petitioners reiterate that the Bilihan should not have
RENTALS FOR THE USE OF THE PROPERTY been admitted into evidence because it lacked the documentary
FROM JULY 1993 UNTIL VACATED. stamp tax required by Section 201 of the NIRC, providing that no
VI document shall be admitted in evidence until the requisite stamps
THE COURT OF APPEALS GRAVELY ERRED IN have been affixed thereto. They argue that the ruling of
HOLDING THE PETITIONERS LIABLE FOR petitioners’ lack of personality to assail the deed of sale is
ATTORNEY’S FEES AND LITIGATION EXPENSES. different from the issue of the deed of sale’s admissibility as
evidence. They conclude that considering that no documentary evidence, which is the weight, credit, and value of the aggregate
stamp was ever affixed on the deed of sale, such should never evidence on either side, synonymous with the term “greater
have been admitted into evidence and consequently, should not weight of the evidence.” Preponderance of evidence is evidence
have been relied upon by the lower courts to prove the sale of 1/3 which is more convincing to the court as worthy of belief than
of the southern portion; and that considering that the Bilihan is that which is offered in opposition thereto.14
inadmissible as evidence, the respondent spouses have no basis To prove their claim of partition, the respondent spouses
for their claim to the subject 1/3 portion of the southernhalf of presented the following: (1) the Deed of Extrajudicial Partition,
the property. Thus, they insist that the lower courts erred in dated October 5, 1945, executed by and between the brothers
awarding to Spouses Monteiro the possession of the subject Perfecto and Vitaliano; (2) the cadastral map of Liliw
property, the rentals, attorney’s fees and litigation expenses, and
in failing to rule on their counterclaim for demolition of _______________
improvements and payment of damages.
The assignment of errors boils down to two main issues: 13 Heirs of Vda. Dela Cruz v. Heirs of Fajardo, G.R. No.
1. Whether there was a partition of the subject property; and 184966, May 30, 2011, 649 SCRA 463, 470.
577 14 Bank of the Philippine Islands v. Spouses Royeca, 581 Phil.
2. Whether the 1/3 portion of the southernhalf of the subject 188, 194; 559 SCRA 207, 215 (2008).
property was sold to the respondent spouses. 578Cadm484,15 dated August 6, 1976, showing that the subject
property had been divided into southern and northern portions,
Ruling of the Court registered as Lot Nos. 876 and 877; and (3) the Municipal
At the outset, it must be pointed out that the petitioners’ Assessor’s records16 showing that the said lots were respectively
assignment of errors calls for the Court to again evaluate the claimed by Buenaventura and Perfecto.
evidence to determine whether there was a partition of the It is undisputed that the Deed of Extrajudicial Partition stated
property and whether the 1/3 portion of the southern half was that Perfecto and Vitaliano agreed “to divide between them into
sold to the respondent spouses. These clearly entail questions of two and share and share alike” the subject property, including the
fact which are beyond the Court’s ambit of review under Rule 45 house situated thereon. It appears, however, that the property
of the Rules of Court, especially considering that the findings of was actually partitioned into definite portions, namely, southern
fact of the RTC were affirmed by the CA. 13 On this ground alone, and northern halves, as reflected in the cadastral map of Liliw,
the present petition must be denied. Nonetheless, the Court shall which were respectively claimed by an heir of Vitaliano and
delve into these factual issues to finally put this case to rest. Perfecto himself. It, thus, appears that the subject property had
already been partitioned into definite portions more than 20 years
Partition of the Subject Property prior to the original complaint for partition filed in 1993, and that
Spouses Monteiro, as plaintiffs in the original case, had the such division had been observed by the brothers’ heirs. As earlier
burden of proof to establish their case by a preponderance of
pointed out, the petitioners themselves admitted to this very fact showing that it was made through palpable mistake. The
in their original answer, to wit: petitioners argue that such admission was the palpable mistake
(b) On September 5, 1945 the brothers PERFECTO and of their former counsel in his rush to file the answer, a copy of
VITALIANO DIMAGUILA executed a deed of which was not provided to them. Petitioner Asuncion testified:
EXTRAJUDICIAL PARTITION of the aforedescribed Q So, why was that allegations (sic) made in the Answer?
property dividing the same into two (2) equal parts as A May be, (sic) in his rush to file the Answer, Atty. Paredes filed
indicated in the aforesaid deed as follows, to wit: the same without giving us a copy…19
x x x _______________
(c) As a result of the foregoing partition and as known by 17 Records, Vol. I, pp. 1112.
all the parties in this case from the beginning or as soon as 18 Section 4. Judicial admissions.—An admission, verbal or
they reached the age of discernment PERFECTO written, made by the party in the course of the proceedings in the
DIMAGUILA became the sole and exclusive owner of the same case, does not require proof. The admission may be
southern half of the aforedescribed property and contradicted only by showing that it was made through palpable
VITALIANO DIMAGUILA became the mistake or that no such admission was made.
_______________ 19 TSN, December 1, 2005, p. 15.
15 Records, Vol. III, Exhibit “J,” p. 519. 580
16 Records, Vol. III, Exhibit “L,” p. 556. This contention is unacceptable. It is a purely selfserving
579sole owner of the northern half of the same property; claim unsupported by any iota of evidence. Bare allegations,
the house that was built thereon and still existing up to unsubstantiated by evidence, are not equivalent to
this time was likewise equally divided between the two (2) proof.20 Furthermore, the Court notes that this position was
DIMAGUILA brothers in accordance with the extrajudicial adopted by the petitioners only almost eight (8) years after their
partition of half equal shares; original answer was filed, in response to the amended complaint
x x x of the respondent spouses. In their original answer to the
2. In other words, the share of VITALIANO DIMAGUILA complaint for partition, their claim that there was already a
in the above described property has already been long partition into northernhalf and southernhalf portions, was the
segregated and had passed on to his heirs as is very well very essence of their defense. It was precisely this admission
known by all the parties in this case;17 which moved the respondent spouses to amend their complaint.
x x x The petitioners cannot now insist that the very foundation of
(Emphases in the Original) their original defense was a palpable mistake.
Article 143121 of the Civil Code provides that through estoppel,
Section 418 of Rule 129 of the Rules of Court provides that an an admission is rendered conclusive upon the person making it,
admission made by a party in the course of the proceedings in the and cannot be denied or disproved as against the person relying
same case does not require proof, and may be contradicted only by thereon. The respondent spouses had clearly relied on the
petitioners’ admission and so amended their original complaint _______________
for partition to one for recovery of possession of a portion of the 22 Section 3. Original document must be produced;
subject property. Thus, the petitioners are now estopped from exceptions.—When the subject of inquiry is the contents of a
denying or attempting to prove that there was no partition of the document, no evidence shall be admissible other than the original
property. document itself, except in the following cases:
Considering that an admission does not require proof, the x x x
admission of the petitioners would actually be sufficient to prove (d) When the original is a public record in the custody
the partition even without the documents presented by the of a public officer or is recorded in a public office.
respondent spouses. If anything, the additional evidence they
23 Section 7. Evidence admissible when original document is
presented only served to corroborate the petitioners’ admission.
a public record.—When the original of document is in the custody
The petitioners argue that they timely objected to the
cadastral map and the list of claimants presented by the re of public officer or is recorded in a public office, its contents may
_______________ be proved by a certified copy issued by the public officer in
custody thereof.
20 Rosaroso v. Soria, G.R. No. 194846, June 19, 2013, 699
24 Section 24. Proof of official record.—The record of public
SCRA 232.
21 Art. 1431. Through estoppel an admission or documents referred to in paragraph (a) of Section 19, when
representation is rendered conclusive upon the person making it, admissible for any purpose, may be evidenced by an official
and cannot be denied or disproved as against the person relying publication thereof or by a copy attested by the officer having the
thereon. legal custody of the record, or by his deputy, and accompanied, if
581spondent spouses, on the ground that they violated the rule the record is not kept in the Philippines, with a certificate that
on hearsay and the best evidence rule. such officer has the custody. If the office in which the record is
Anent the best evidence rule, Section 3(d) of Rule 130 of the kept is in foreign country, the certificate may be made by a
Rules of Court provides that when the subject of inquiry is the secretary of the embassy or legation, consul general, consul, vice
contents of a document, no evidence shall be admissible other consul, or consular agent or by any officer in the foreign service of
than the original document itself, except when the original is a the Philippines stationed in the foreign country in which the
public record in the custody of a public officer or is recorded in a record is kept, and authenticated by the seal of his office.
public office.22 Section 7 of the same Rule provides that when the 582
Certified true copies of the cadastral map of Liliw and the
original of a document is in the custody of a public officer or is
corresponding list of claimants of the area covered by the map
recorded in a public office, its contents may be proved by a
were presented by two public officers. The first was Crisostomo
certified copy issued by the public officer in custody
Arves, Clerk III of the Municipal Assessor’s Office, a repository of
thereof.23Section 24 of Rule 132 provides that the record of public
such documents. The second was Dominga Tolentino, a DENR
documents may be evidenced by a copy attested by the officer
employee, who, as a record officer, certifies and safekeeps records
having the legal custody or the record.24
of surveyed land involving cadastral maps. The cadastral maps Even granting that the petitioners had not admitted the
and the list of claimants, as certified true copies of original public partition, they presented no evidence to contradict the evidence of
records, fall under the exception to the best evidence rule. the respondent spouses. Thus, even without the admission of the
As to the hearsay rule, Section 44 of Rule 130 of the Rules of petitioners, the respondent spouses proved by a preponderance of
Court similarly provides that entries in official records are an evidence that there had indeed been a partition of the subject
exception to the rule.25 The rule provides that entries in official property.
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 Sale of 1/3 Portion of the Southernhalf
specially enjoined by law, are prima facie evidence of the facts To prove that 1/3 of the southernhalf portion of the subject
therein stated. The necessity of this rule consists in the property was sold to them, Spouses Monteiro presented a deed of
inconvenience and difficulty of requiring the official’s attendance sale entitled Bilihan ng Lahat Naming Karapatan,28 dated
as a witness to testify to the innumerable transactions in the September 29, 1992, wherein Pedro’s share was sold by his heirs
course of his duty. The document’s trustworthiness consists in the to them, with the acquiescence of the heirs of Esperanza and
presumption of regularity of performance of official duty.26 Leandro in an Affidavit of Conformity and Waiver. 29 The
Cadastral maps are the output of cadastral surveys. The petitioners argue that the Bilihan should not have been admitted
DENR is the department tasked to execute, supervise and into evidence because it lacked the documentary stamp tax
manage the conduct of cadastral surveys. 27 It is, therefore, clear required by Section 201 of the NIRC.
that the cadastral map and the corresponding list of claimants On August 29, 1994, the petitioners filed a motion for the
qualify as entries in official records as they were prepared by the production and/or inspection of documents,30 praying that Spouses
DENR, as mandated by law. As such, they Monteiro be ordered to produce the deed of sale, which they cited
_______________ as the source of their rights as coowners. On November 20, 1995,
25 Section 44. Entries in official records.—Entries in official Spouses Monteiro submitted their compliance,31 furnishing the
records made in the performance of his duty by a public officer of RTC and the petitioners with a copy 32 of the Bilihan. On January
the Philippines, or by a person in the performance of a duty 3, 1996, the petitioners filed a notice of consignation, 33manifesting
specially enjoined by law, are prima facie evidence of the facts that they had attempted to exercise their right of redemption as
therein stated. coowners of the 1/3 portion of the southern half of the property
26 Oscar M. Herrera, Remedial Law: Vol. V, (Quezon City, under Article
Philippines, Rex Printing Company, Inc., 2004), p. 740. _______________
27 DENR Admin. Order 200123. 28 Records, Vol. III, Exhibit “C,” p. 514.
583are exceptions to the hearsay rule and are prima 29 Records, Vol. I, pp. 303305.
facieevidence of the facts stated therein. 30 Id., at pp. 7576.
31 Id., at p. 111.
32 Id., at p. 112. Property, unless accompanied by an affidavit of the vendor that
33 Id., at pp. 113115. he has given written notice thereof to all possible redemptioners.
584162334 of the Civil Code by sending and tendering payment of The right of redemption of coowners excludes that of
redemption to Spouses Monteiro, which was, however, returned. adjoining owners.
By filing the notice of consignation and tendering their 35 Records, Vol. I, p. 112.
payment for the redemption of the 1/3 portion of the southernhalf 585quiesced to the sale and waived their right to the property in
of the property, the petitioners, in effect, admitted the existence, the affidavit presented by Spouses Monteiro. 36 As such, the
petitioners have no right to their counterclaims of demolition of
due execution and validity of the Bilihan. Consequently, they are
improvements and payment of damages.
now estopped from questioning its admissiblity in evidence for
With Spouses Monteiro having sufficiently proved their claim
relying on such for their right of redemption. Additionally, the
over the subject 1/3 portion of the southernhalf of the property
Court notes that the copy35 of the Bilihan which was originally
through the Bilihan, the lower courts did not err in awarding
submitted by Spouses Monteiro with its compliance filed on
possession, rentals, attorney’s fees, and litigation expenses to
November 20, 1995, does in fact bear a documentary stamp tax. It
them.
could only mean that the documentary stamp tax on the sale was
The Court, however, finds that the award of rentals should be
properly paid. The Bilihan was, therefore, properly admitted into reckoned from January 2, 2001, the date the Spouses Monteiro
evidence and considered by the RTC. filed their Amended Complaint seeking recovery of the subject
In any case, as correctly held by the lower courts, the
portion. Interest at the rate of 6% per annum shall also be
petitioners, as heirs of Vitaliano, who inherited the northernhalf
imposed on the total amount of rent due from finality of this
portion of the subject property, do not possess the necessary
Decision until fully paid.37
personality to assail the sale of the southernhalf portion between
WHEREFORE, the petition is DENIED. The August 15,
Spouses Monteiro and the heirs of Pedro. They are not real
2011 Decision and the March 5, 2012 Resolution of the Court of
partiesininterest who stand to be benefited or injured by the
Appeals, in CAG.R. CV No. 92707 are AFFIRMED with
sale of the 1/3 portion of the southernhalf over which they have
absolutely no right. As correctly ruled by the courts below, only MODIFICATION, in that:
fellow coowners have the personality to assail the sale, namely, a. The award of rent at the rate of P500.00 per month shall
the heirs of Pedro’s siblings, Esperanza and Leandro. They have, be reckoned from January 2, 2001 until the property is
however, expressly ac vacated; and
_______________ b. Interest at the rate of 6% per annum shall be imposed on
34 Art. 1623. The right of legal preemption or redemption the total amount of rent due from finality of this Decision
shall not be exercised except within thirty days from the notice in until fully paid.
writing by the prospective vendor, or by the vendor, as the case SO ORDERED.
may be. The deed of sale shall not be recorded in the Registry of
Velasco, Jr. (Chairperson), Peralta, Abad and Leonen,
JJ., concur.
Petition denied, judgment and resolution affirmed with
modification.
_______________
36 Id., at pp. 303304.
37 Nacar v. Gallery Frames, G.R. No. 189871, August 13,
2013, 703 SCRA 439.
586
Notes.―Acts of facts admitted do not require proof and
cannot be contradicted unless it is shown that the admission was
made through palpable mistake or that no such admission was
made. (Vidar vs. People, 611 SCRA 216 [2010])
Judicial admissions made by parties in the pleadings, or in the
course of the trial or other proceedings in the same case are
conclusive and so does not require further evidence to prove
them. (Philippine Long Distance Telephone Company vs.
Pingol, 630 SCRA 413 [2013])
——o0o——
G.R. No. 209917. September 8, 2015.* PHILIPPINE INTERNATIONAL AIR TERMINALS CO., INC.
petitioner, vs. REPUBLIC OF THE PHILIPPINES, as
REPUBLIC OF THE PHILIPPINES, represented by represented by Executive Secretary Eduardo Ermita,
Executive Secretary Eduardo Ermita, DEPARTMENT OF DEPARTMENT OF TRANSPORTATION AND
TRANSPORTATION AND COMMUNICATIONS, and COMMUNICATIONS, MANILA INTERNATIONAL AIRPORT
MANILA INTERNATIONAL AIRPORT AUTHORITY, AUTHORITY, TAKENAKA CORPORATION, and
petitioners, vs. PHILIPPINE INTERNATIONAL AIR ASAHIKOSAN CORPORATION, respondents.
TERMINALS COMPANY, INC., TAKENAKA CORPORATION Remedial Law; Special Civil Actions; Expropriation
and ASAHIKOSAN CORPORATION, respondents. Proceedings; Rule 67 of the Rules of Court provides
that the clerk of court shall serve copies of the
G.R. No. 209696. September 8, 2015.* commissioners’ final report on all interested parties
upon the filing of the report. Each party shall have ten
TAKENAKA CORPORATION and ASAHIKOSAN (10) days within which to file their objections to the
CORPORATION, petitioners, vs. REPUBLIC OF THE report’s findings.—Rule 67 of the Rules of Court
PHILIPPINES, represented by Executive Secretary provides that the clerk of court shall serve copies of
Eduardo Ermita, DEPARTMENT OF TRANSPORTATION the commissioners’ final report on all interested parties
AND COMMUNICATIONS, MANILA INTERNATIONAL upon the filing of the report. Each party shall have ten
AIRPORT AUTHORITY, and PHILIPPINE INTERNATIONAL days within which to file their objections to the report’s
AIR TERMINALS COMPANY, INC., respondents. findings. Upon the expiration of the ten-day period or
_______________ after all the parties have filed their objections and after
* EN BANC. hearing, the trial court may: (a) accept the report and
render judgment in accordance therewith; (b) for cause
shown, recommit the report to the commissioners for
385 further report of facts; (c) set aside the report and
VOL. 769, SEPTEMBER 8, 2015 appoint new commissioners; (d) partially accept the
report; and (e) make such order or render such
judgment as shall secure to the plaintiff the property of due process.
essential to the exercise of his right of expropriation; Same; Words and Phrases; Eminent domain is a
and to the defendant, the just compensation for the fundamental state power that is inseparable from
property so taken. sovereignty. It is the power of a sovereign state to
Eminent Domain; Due Process; The procedural appropriate private property within its territorial
due process requirements in an eminent domain case sovereignty to promote public welfare.—Eminent
are satisfied if the parties are given the opportunity to domain is a fundamental state power that is
present their evidence before the commissioners inseparable from sovereignty. It is the power of a
whose findings (together with the pleadings, evidence sovereign state to appropriate private property within
of the parties, and the entire record of the case) are its territorial sovereignty to promote public welfare.
reviewed and considered by the expropriation court.— The exercise of this power is based on the State’s
The essence of procedural due process is the right to primary duty to serve the common need and advance
be heard. The procedural due process requirements in the general welfare. It is an inherent power and is not
an eminent domain case are satisfied if the parties are conferred by the Constitution. It is inalienable and no
given the opportunity to present their evidence before legislative act or agreement can serve to abrogate the
the commissioners whose findings (together with the power of eminent domain when public necessity and
pleadings, evidence of the parties, convenience require its exercise. The decision to
exercise the power of eminent domain rests with the
legislature which has the exclusive power to prescribe
386 how and by whom the power of eminent domain is to be
exercised. Thus, the Executive Department cannot
38 SUPREME COURT REPORTS ANNOTATED
condemn properties for its own use without direct
6
authority from the Congress. The exercise of eminent
Republic vs. Mupas
domain necessarily derogates against private rights
which must yield to demand of the public good and the
common welfare. However, it does not confer on the
and the entire record of the case) are reviewed and State the authority to wantonly disregard and violate
considered by the expropriation court. It is the parties’ the individual’s fundamental rights.
total failure to present evidence on just compensation Same; Expropriation Proceedings; Just
that renders the trial court’s ruling void. The Compensation; Words and Phrases; Just compensation
opportunity to present evidence during the trial is defined as “the full and fair equivalent of the
remains to be the vital requirement in the observance property taken from its owner by the expropriator.”—
Just compensation is defined as “the full and fair person desirous but not compelled to buy, and an owner
equivalent of the property taken from its owner by the willing but not compelled to sell, would agree on as a
expropriator.” The word “just” is used to qualify the price to be given and received for a property. Fair
meaning of the word “compensation” and to convey the market value is not limited to the assessed value of the
idea that the amount to be tendered for the property to property or to the schedule of market values
be taken shall be real, substantial, full and ample. On determined by the provincial or city appraisal
the other hand, the word “compensation” means “a full committee. However, these values may serve as factors
indemnity or remuneration for the loss or damage to be considered in the judicial valuation of the
sustained by the owner of property taken or injured for property.
public use.” Simply stated, just compensation Same; Same; Same; Same; In cases where the fair
market value of the property is difficult to ascertain,
the court may use other just and equitable market
387 methods of valuation in order to estimate the fair
market value of a property.— In cases where the fair
VOL. 769, SEPTEMBER 8, 2015
market value of the property is difficult to ascertain,
Republic vs. Mupas
the court may use other just and equitable market
methods of valuation in order to estimate the fair
market value of a property.
means that the former owner must be returned to the Same; Same; Same; Replacement Cost; Words and
monetary equivalent of the position that the owner had Phrases; Replacement cost is a different standard of
when the taking occurred. To achieve this monetary valuation from the fair market value; Replacement cost
equivalent, we use the standard value of “fair market is “the amount necessary to replace the
value” of the property at the time of the filing of the improvements/structures, based on the current market
complaint for expropriation or at the time of the taking prices for materials, equipment, labor, contractor’s
of property, whichever is earlier. profit and overhead, and all other attendant costs
Same; Same; Same; Fair Market Value; Words and associated with the acquisition and installation in
Phrases; Jurisprudence broadly defines “fair market place of the affected improvements /structures.”—
value” as the sum of money that a person desirous but Replacement cost is a different standard of valuation
not compelled to buy, and an owner willing but not from the fair market value. As we previously stated, fair
compelled to sell, would agree on as a price to be given market value is the price at which a property may be
and received for a property.—Jurisprudence broadly sold by a seller who is not compelled to sell and bought
defines “fair market value” as the sum of money that a by a buyer who is not compelled to buy. In contrast,
substitute with like utility.” The cost approach
considers the principles of substitution, supply and
388 demand, contribution and externalities. “The value of
the land and the value of improvements are determined
38 SUPREME COURT REPORTS ANNOTATED
separately according to their highest and best use.”
8
“Buyers assess the value of a piece of property not only
Republic vs. Mupas
based on the existing condition of the property, but also
in terms of the cost to alter or improve the property to
make it functional specifically for the purposes of the
replacement cost is “the amount necessary to buyer’s use. This may include building new structures,
replace the improvements/structures, based on the renovating existing structures, or changing the
current market prices for materials, equipment, labor, components of an existing structure to maximize its
contractor’s profit and overhead, and all other utility.”
attendant costs associated with the acquisition and Same; Same; Same; Reproduction Cost; Words and
installation in place of the affected Phrases; Reproduction cost is the “estimated current
improvements/structures.” We use the replacement cost to construct an exact replica of the subject
cost method to determine just compensation if the building, using the same materials, construction
expropriated property has no market-based evidence of standards, design, layout, and quality of workmanship;
its value. and incorporating all the deficiencies,
Same; Same; Same; Same; The replacement cost superadequacies, and obsolescence of the subject
method is a cost approach in appraising real estate for building.”—Reproduction cost is the “estimated current
purposes of expropriation. This approach is premised cost to construct an exact replica of the subject
on the principle of substitution which means that “all building, using the same materials, construction
things being equal, a rational, informed purchaser standards, design, layout, and quality of workmanship;
would pay no more for a property than the cost of and incorporating all the deficiencies,
building an acceptable substitute with like utility.”— superadequacies, and obsolescence of the subject
The replacement cost method is a cost approach in building.” It is the cost of
appraising real estate for purposes of expropriation.
This approach is premised on the principle of
substitution which means that “all things being equal, a 389
rational, informed purchaser would pay no more for a
property than the cost of building an acceptable VOL. 769, SEPTEMBER 8, 2015
Republic vs. Mupas replacement cost approach is the “method of valuation
which provides the current cost of replacing an asset
with its modern equivalent asset less deductions for all
duplicating the subject property at current prices physical deterioration and all relevant forms of
or the current cost of reproducing a new replica of the obsolescence and optimisation.”—Depreciated
property being appraised using the same, or closely replacement cost approach is the “method of valuation
similar, materials. In the United States, the recognized which provides the current cost of replacing an asset
and used method in eminent domain cases in with its modern equivalent asset less deductions for all
appraising specialized properties is the reproduction physical deterioration and all relevant forms of
cost less depreciation approach. obsolescence and optimisation.” Depreciated
Same; Same; Same; Replacement Cost New; replacement cost is a method of appraising assets that
Words and Phrases; Replacement cost new is “the are usually not exposed to the open market. A general
estimated cost to construct a building with utility formula of this method is as follows: Cost of
equivalent to the appraised building using modern constructing the building(s) (including fees) Plus: Cost
materials and current standards, design, and layout” or of the land (including fees) = Total Costs Less:
“the current cost of a similar new property having the Allowance for age and depreciation = Depreciated
nearest equivalent utility as the property being Replacement Cost Under this method, the appraiser
valued.”—Replacement cost new is “the estimated cost assesses the current
to construct a building with utility equivalent to the
appraised building using modern materials and current
standards, design, and layout” or “the current cost of a 390
similar new property having the nearest equivalent 39 SUPREME COURT REPORTS ANNOTATED
utility as the property being valued.” It is the cost of 0
acquiring a modern, functional equivalent of the subject
Republic vs. Mupas
property and “views the building as if reconstructed
with modern methods, design and materials that would
most closely replace the use of the appraised building
gross replacement of the assets, usually comprised of
but provide the same utility.” Replacement cost does
the land and the building. If the asset is an
not consider the most common forms of functional
improvement, the appraiser assesses the cost of its
obsolescence.
replacement with a modern equivalent and deducts
Same; Same; Same; Depreciated Replacement
depreciation to reflect the differences between the
Cost Approach; Words and Phrases; Depreciated
hypothetical modern equivalent and the actual asset. maintenance.” Physical depreciation is curable if
The appraiser has to “establish the size and “capital investment can bring the building to a state in
specification that the hypothetical buyer ideally which the degree of obsolescence is mitigated (e.g.,
requires at the date of valuation in order to provide the standards of finishes and services).” It is incurable if
same level of productive output or an equivalent “no amount of capital investment can rectify the
service.” [depreciation] (for example, building structural
Same; Same; Same; Construction Cost; Attendant flexibility).” Curable physical depreciation is measured
Cost; Words and Phrases; Construction costs are “the by the cost to cure or retrofitting which could extend
costs that are normally and directly incurred in the the life of the building. Incurable depreciation or
purchase and installation of an asset, or group of deterioration is estimated by a variety of age-life or
assets, into functional use.” On the other hand, economic-age calculation methods.
attendant costs are “the costs that are normally
required to purchase and install a property but that are
not usually included in the vendor invoice.”— 391
Construction costs are “the costs that are normally and
VOL. 769, SEPTEMBER 8, 2015
directly incurred in the purchase and installation of an
Republic vs. Mupas
asset, or group of assets, into functional use.” On the
other hand, attendant costs are “the costs that are
normally required to purchase and install a property but
that are not usually included in the vendor invoice.” Same; Same; Same; Functional Obsolescence;
Under Section 10 of the RA 8974 IRR, construction cost Words and Phrases; Functional obsolescence “reflects
is the current market price of materials, equipment, the advances in technology which allow for a more
labor, the contractor’s profit and overhead, while the efficient delivery of services and goods from a building
attendant cost is the cost associated with the of different designs and specifications.”—Functional
acquisition and installation in place of the affected obsolescence “reflects the advances in technology
improvement. which allow for a more efficient delivery of services
and goods from a building of different designs and
Same; Same; Same; Physical Obsolescence;
Words and Phrases; Physical obsolescence refers to specifications.” “Functional obsolescence arises where
the design or specification of the asset no longer
the “wear and tear over the years, which might be
combined with a lack of maintenance.”—Physical fulfills the function for which it was originally
designed.”
obsolescence refers to the “wear and tear over the
years, which might be combined with a lack of Same; Same; Same; Economic Obsolescence;
Words and Phrases; Economic obsolescence results essentially and exclusively a judicial function. Fixing
from the impact of changing external macro- and micro- the formula with definitiveness and particularity in just
economic conditions on the property and should not
include internal factors which affect the profitability of
the occupying business, the writing down of such 392
factors to reflect the profitability of the business being
39 SUPREME COURT REPORTS ANNOTATED
a matter for the occupier.—Economic obsolescence
2
results from “the impact of changing external macro-
Republic vs. Mupas
and micro-economic conditions on the property and
should not include internal factors which affect the
profitability of the occupying business, the writing
down of such factors to reflect the profitability of the compensation is not the function of the executive nor
of the legislative branches, much less of the parties in
business being a matter for the occupier. Within
economic obsolescence, the prospect of extending the this case. Any valuation for just compensation laid
down in the statutes may not replace the court’s own
life of the building by capital investment should be
considered, as well as the fact that lack of judgment as to what amount should be awarded and
how this amount should be arrived at. Legislative
maintenance can accelerate the rate of depreciation.”
Same; Same; Same; Just compensation must not enactments, as well as executive issuances, providing
the method of computing just compensation are treated
extend beyond the property owner’s loss or injury.—
Just compensation must not extend beyond the as mere guidelines in ascertaining the amount of just
compensation.
property owner’s loss or injury. This is the only way for
the compensation paid to be truly just, not only to the Remedial Law; Civil Procedure; Courts; Court of
individual whose property is taken, but also to the Appeals; Under Section 3, Rule 6 of the Internal Rules
public who will shoulder the cost of expropriation. Even of the Court of Appeals (CA), the CA may receive
as undervaluation would deprive the owner of his evidence.—Under Section 3, Rule 6 of the Internal Rules
property without due process, so too would its of the CA, the CA may receive evidence in the following
cases: (a) In actions falling within its original
overvaluation unduly favor him to the prejudice of the
public. jurisdiction, such as (1) certiorari, prohibition and
Same; Same; Same; The determination of just mandamus, (2) annulment of judgment or final order, (3)
compensation in eminent domain cases is essentially quo warranto, (4) habeas corpus, (5) amparo, (6)
and exclusively a judicial function.—The determination habeas data, (7) anti-money laundering, and (8)
of just compensation in eminent domain cases is application for judicial authorization under the Human
Security Act of 2007; (b) In appeals in civil cases
where the Court grants a new trial on the ground of of proof fails. The reason for this rule is that the
newly discovered evidence, pursuant to Sec. 12, Rule plaintiff must rely on the strength of his evidence and
53 of the Rules of Court; (c) In appeals in criminal not on the weakness of the defendant’s claim. Thus,
cases where the Court grants a new trial on the ground even if the evidence of the plaintiff may be stronger
of newly discovered evidence, pursuant to Sec. 12, Rule than that of the defendant, there is no preponderance
124 of the rules of Court; and (d) In appeals involving of evidence on his side when this evidence is
claims for damages arising from provisional remedies. insufficient in itself to establish his cause of action.
Same; Evidence; Equiponderance of Evidence Same; Same; Documentary Evidence; Best
Rule; Under the equiponderance of evidence rule, when Evidence Rule; Under the best evidence rule, when the
the scale of justice shall stand on equipoise and subject of inquiry relates to the contents of a
nothing in the evidence inclines a conclusion to one (1) document, no evidence shall be admissible other than
side or the other, the court will find for the defendant.— the original document itself. In proving the terms of a
Under the equiponderance of evidence rule, when the written document, the original of the document must
scale of justice shall stand on equipoise and nothing in be produced in court.—Under the best evidence rule,
the evidence inclines a conclusion to one side or the when the subject of inquiry relates to the contents of a
other, the court will find for the defendant. If the facts document, no evidence shall be admissible other than
and circumstances are capable of two or more the original document itself. In proving the terms of a
explanations, one of which is consistent with the written document, the original of the document must
allegations of the plaintiff and the other consistent with be produced in court. The best evidence rule ensures
the defense of the defendant, the evidence does not that the exact contents of a document are brought
fulfill the requirement of preponderance of evidence. before the court. In deeds, wills, and contracts, a slight
When the evidence of the parties is in equipoise, or variation in words may mean a great difference in the
when there is a doubt as to where the preponderance rights and obligations of the parties. A substantial
of evidence lies, the party with the burden hazard of inaccuracy exists in the human process of
making a copy by handwriting or typewriting. Moreover,
with respect to oral testimony purporting to give the
393 terms of a document from memory, a special risk of
error is present, greater than in the case of attempts at
VOL. 769, SEPTEMBER 8, 2015
describing other situations generally. The best
Republic vs. Mupas
evidence rule likewise acts as an insurance against
fraud. If a party is in the possession of the best
evidence and withholds it, and seeks to substitute Rule 130 of the Rules of Court does away with the item-
inferior evidence in its place, the presumption naturally
by-item court identification and authentication of
arises that the better evidence is withheld for voluminous exhibits which would only be burdensome
fraudulent purposes that its production would expose and tedious for the parties and the court.
and defeat. The rule likewise protects against Same; Same; Same; Best Evidence Rule;
misleading inferences resulting from the intentional orWhenever a party seeks an exemption under the best
unintentional introduction of selected portions of a evidence rule pursuant to Section 3(c), Rule 130 of the
larger set of writings. Rules of Court, he asks permission from the trial court
Same; Same; Same; Voluminous Exhibits; Section to produce a summary of numerous documents, whose
3(c), Rule 130 of the Rules of Court does away with theoriginals are available to the adverse party for
item-by-item court identification and authentication ofinspection.—Whenever a party seeks an exemption
voluminous exhibits which would only be burdensome under the best evidence rule pursuant to Section 3(c),
and tedious for the parties and the court.—We agree Rule 130 of the Rules of Court, he asks permission from
with PIATCO that it need not submit numerous and the trial court to produce a summary of numerous
voluminous invoices, official receipts, and other documents, whose originals are available to the
relevant documents before adverse party for inspection. He does not ask
permission from the trial court to present in evidence
the numerous non-original documents . Otherwise, the
394 very purpose of Section 3(c), Rule 130 of the Rules of
Court would be defeated. In that case, every exhibit of
39 SUPREME COURT REPORTS ANNOTATED
non-original documents would be identified,
4
authenticated, and cross-examined, leading to a
Republic vs. Mupas
tedious and protracted litigation. Thus, if a party
desires to present photocopies of the original
documents, he must first establish that the
the trial court to prove the attendant costs that it presentation of photocopies is justified under Section
incurred in the construction of the NAIA-IPT III. The 3(a), (b), and/or (d), Rule 130 of the Rules of Court . He
trial court may admit a summary of voluminous original must establish the presence of all the elements under
documents, in lieu of original documents, if the party these provisions.
has shown that the underlying writings are numerous Same; Same; Same; Same; Lost or Destroyed
and that an in-court examination of these documents Documents; Elements that Must be Proved Before
would be inconvenient. In other words, Section 3(c), Secondary Evidence of Lost or Destroyed Documents
are Admitted.—In the case of lost or destroyed Damages; Temperate Damages; Temperate or
documents, the offeror of non-original documents must moderate damages, which are more than nominal but
first prove the following elements before secondary less than compensatory damages, may be recovered
evidence is admitted before the court: (a) the existence when the court finds that some pecuniary loss has
or due execution of the original; (b) the loss and been suffered but its amount cannot, from the nature of
destruction of the original, or the reason for its non- the case, be proved with certainty.—In a case for
damages, we allow the party to receive temperate
damages in the absence of competent proof on the
395 amount of actual damages. Temperate or moderate
damages, which are more than nominal but less than
VOL. 769, SEPTEMBER 8, 2015
compensatory damages, may be recovered when the
Republic vs. Mupas
court finds that some pecuniary loss has been suffered
but its amount cannot, from the nature of the case, be
proved with certainty.
production in court; and (c) the absence of bad faith on Same; A complaint for damages seeks to
the part of the offeror to which the unavailability of the vindicate a legal wrong through damages, which may
original can be attributed. To conclude otherwise is to be actual, moral, nominal, temperate, liquidated, or
allow the party to circumvent the best evidence rule exemplary.—An eminent domain case is different from a
and the requirements under Section 3(a), (b), and (d), complaint for damages. A complaint for damages is
Rule 130 of the Rules of Court by merely invoking based on tort and emanates from the transgression of a
Section 3(c), Rule 130 of the Rules of Court. right. A complaint for damages seeks to vindicate a
Just Compensation; Just compensation must be legal wrong through damages, which may be actual,
duly proven by preponderance of evidence or greater moral, nominal, temperate, liquidated, or exemplary.
weight of credible evidence.—The mean percentage When a right is exercised in a manner not conformable
range is highly speculative and devoid of any factual with Article 19 of the Civil Code and other provisions on
basis. As a court of law, we should only measure just human relations in the Civil Code, and the exercise
compensation using relevant and actual evidence as results in the
basis in fixing the value of the condemned property.
Just compensation must be duly proven by
preponderance of evidence or greater weight of 396
credible evidence. Bare allegations, unsubstantiated by
evidence, are not equivalent to proof. 39 SUPREME COURT REPORTS ANNOTATED
6
Republic vs. Mupas Same; Same; Same; Interest Rates; Just
compensation would not be “just” if the State does not
pay the property owner interest on the just
damage of another, a legal wrong is committed and the compensation from the date of the taking of the
wrongdoer is held responsible. property.—Section 9, Article 3 of the 1987 Constitution
Eminent Domain; Expropriation Proceedings; Just provides that “[n]o private property shall be taken for
Compensation; Under Section 4, Rule 67 of the Rules of public use without just compensation.” The 1987
Court, the property sought to be expropriated shall be Constitution thus commands the condemnor to pay the
appraised as of the date of taking of the property or the property owner the full and fair equivalent of the
filing of the complaint for expropriation, whichever is property from the date of taking. This provision likewise
earlier.—Under Section 4, Rule 67 of the Rules of Court, presupposes that the condemnor incurs delay if it does
the property sought to be expropriated shall be not pay the property owner the full amount of just
appraised as of the date of taking of the property or the compensation on the date of taking. The reason is that
filing of the complaint for expropriation, whichever is just compensation would not be “just” if the State does
earlier, thus: Section 4. Order of expropriation.—If the not pay the property owner interest on the just
objections to and the defenses against the right of the compensation from the date
plaintiff to expropriate the property are overruled, or
when no party appears to defend as required by this
Rule, the court may issue an order of expropriation 397
declaring that the plaintiff has a lawful right to take the VOL. 769, SEPTEMBER 8, 2015
property sought to be expropriated, for the public use
Republic vs. Mupas
or purpose described in the complaint, upon the
payment of just compensation to be determined as of
the date of the taking of the property or the filing of the
of the taking of the property. Without prompt payment,
complaint, whichever came first. A final order
the property owner suffers the immediate deprivation
sustaining the right to expropriate the property may be
of both his land and its fruits or income . The owner’s
appealed by any party aggrieved thereby. Such appeal,
loss, of course, is not only his property but also its
however, shall not prevent the court from determining
income-generating potential.
the just compensation to be paid. After the rendition of
Same; Same; Same; Same; Taking; When the
such an order, the plaintiff shall not be permitted to
taking of the property precedes the filing of the
dismiss or discontinue the proceeding except on such
complaint for expropriation, the Supreme Court (SC)
terms as the court deems just and equitable.
orders the condemnor to pay the full amount of just this case, the Government — not the property owner or
compensation from the date of taking whose interest third party intervenors, i.e., Takenaka and Asahikosan,
shall likewise commence on the same date. —When the who shall shoulder the costs of the expropriation
taking of the property precedes the filing of the before the court of origin. Since the expenses of the
complaint for expropriation, the Court orders the BOC form part of the costs of the suit — as these are
condemnor to pay the full amount of just compensation expenses necessary in prosecuting or defending an
from the date of taking whose interest shall likewise action or a distinct proceeding within an action — the
commence on the same date. The Court does not rule
that the interest on just compensation shall commence
the date when the amount of just compensation 398
becomes certain, e.g., from the promulgation of the
39 SUPREME COURT REPORTS ANNOTATED
Court’s decision or the finality of the eminent domain
8
case.
Republic vs. Mupas
Interest Rates; Loans; On June 21, 2013, the
Bangko Sentral ng Pilipinas (BSP) issued Circular No.
799, pursuant to Monetary Board (MB) Resolution No.
Government solely bears the expenses of the BOC. The
796 dated May 16, 2013, reducing the legal interest on
loans and forbearance of money from twelve percent property owner shall only bear the costs of the appeal
if he loses in his appeal.
(12%) to six percent (6%) per annum. BSP Circular No.
799 took effect on July 1, 2013. —On June 21, 2013, the Same; Same; Parties; Under Sections 8 and 14 of
BSP issued Circular No. 799, pursuant to MB Resolution Republic Act (RA) No. 8974 Implementing Rules and
No. 796 dated May 16, 2013, reducing the legal interest Regulations (IRR), in relation with Section 9, Rule 67 of
on loans and forbearance of money from 12% to 6% per the Rules of Court, all persons who claim to have lawful
annum. BSP Circular No. 799 took effect on July 1, interest in the property to be condemned should be
2013. included as defendants in the complaint for
Eminent Domain; Expropriation Proceedings; expropriation.—The defendants in an expropriation
case are not limited to the owners of the property
Based on the clear terms of Section 12, Rule 67, it is
the plaintiff — in this case, the Government — not the condemned. They include all other persons owning,
occupying, or claiming to own the property. Under
property owner or third party intervenors, i.e., Takenaka
and Asahikosan, who shall shoulder the costs of the Sections 8 and 14 of RA 8974 IRR, in relation with
Section 9, Rule 67 of the Rules of Court, all persons
expropriation before the court of origin. —Based on the
clear terms of Section 12, Rule 67, it is the plaintiff — in who claim to have lawful interest in the property to be
condemned should be included as defendants in the
VOL. 769, SEPTEMBER 8, 2015
complaint for expropriation.
Same; Same; Same; Just Compensation; All Republic vs. Mupas
persons who have lawful interest in the property
sought to be expropriated should be impleaded in the
complaint for purposes of determining who shall be Note that the last paragraph, Section 4 of RA 8974
entitled to just compensation. —All persons who have states: “When the decision of the court becomes final
lawful interest in the property sought to be and executory, the implementing agency shall pay the
expropriated should be impleaded in the complaint for owner the difference between the amount already paid
purposes of determining who shall be entitled to just and the just compensation as determined by the court.”
compensation. If a known owner is not joined as This provision thus envisions a situation where the
defendant, he may intervene in the proceeding. If the court determines with finality, for purposes of payment
owner is joined but not served with process and the of just compensation, the conflicting claims of the
proceeding is already closed before he came to know of defendants and intervenors.
the condemnation, he may maintain an independent Same; Same; The expropriation court’s
suit for damages. Consequently, Takenaka and determination of the lawful property owner is merely
Asahikosan are correct in invoking Section 9, Rule 67 of provisional; The Court’s disposition with respect to the
the Rules of Court for purposes of determining who ownership of the property is not conclusive, and it
shall be entitled to just compensation in this case. This remains open to challenge through proper actions. —We
rule is likewise their proper basis of intervention in the clarify that the expropriation court’s determination of
RTC’s March 12, 2007 order in Civil Case No. 04-0876. the lawful property owner is merely provisional. By
Same; Same; Just Compensation; From the filing an action for expropriation, the condemnor merely
express provision of Section 4 of Republic Act (RA) No. serves notice that it is taking title to and possession of
8974, just compensation shall only be paid to the the property, and that the defendant is asserting title to
property owner.—From the express provision of Section or interest in the property, not to prove a right to
4 of RA 8974, just compensation shall only be paid to possession, but to prove a right to compensation for
the property owner. We implead persons with lawful the taking. The Court’s disposition with respect to the
interests in the property in order to determine the ownership of the property is not conclusive, and it
person who shall receive just compensation. remains open to challenge through proper actions. The
court’s resolution of the title to the land at the time of
taking has no legal consequences beyond the eminent
399 domain proceedings. The court’s decision cannot be
pleaded as a defense of res judicata or collateral conclusive of the rights of the parties or their privies in
estoppel in any action to determine title to the all later suits on points and matters determined in the
property. former suit.
Same; Finality of Judgments; To avoid future Same; Expropriation Proceedings; Just
litigation, the Supreme Court (SC) emphasizes that a Compensation; Taking; To clarify and to avoid confusion
final disposition in the eminent domain case with in the implementation of our judgment, the full payment
respect to the order to pay a particular person shall be of just compensation is not a prerequisite for the
final and executory upon the lapse of relevant periods Government’s effective taking of the property; When
under Rule 39 of the Rules of Court. —To avoid future the taking of the property precedes the payment of just
litigation, we emphasize that a final disposition in the compensation, the Government shall indemnify the
eminent domain case with respect to the order to pay a property owner by way of interest. —To clarify and to
particular person shall be final and executory upon the avoid confusion in the implementation of our judgment,
lapse of relevant periods under Rule 39 of the Rules of the full payment of just compensation is not a
Court. The recourse of the person claiming ownership prerequisite for the Government’s effective taking of
over the expropriated property in any subsequent case the property. As discussed above, RA 8974 allows the
is against the adjudged property owner in the Government to enter the property and implement
expropriation case. The principle of res judicata appliesnational infrastructure projects upon the issuance of
in this particular matter because the issues on the the writ of possession. When the taking of the property
amount of just compensation precedes the payment of just compensation, the
Government shall indemnify the property owner by way
of interest.
400 Same; Same; Taking; Words and Phrases; “Taking”
under the power of eminent domain means entering
40 SUPREME COURT REPORTS ANNOTATED
upon private property for more than a momentary
0
period, and under the warrant or color of legal
Republic vs. Mupas
authority, devoting it to public use, or otherwise
informally appropriating or injuriously affecting it in
such a way as substantially to oust the owner and
and the person to be paid just compensation are deprive him of all beneficial enjoyment thereof.
the central issues in the second phase of expropriation. —“Taking” under the power of eminent domain means
Based on this principle, a final judgment or decree on entering upon private property for more than a
the merits by a court of competent jurisdiction is momentary period, and under the warrant or color of
legal authority, devoting it to public use, or otherwise sheriff to enter the land and give its possession to the
informally appropriating or injuriously affecting it in person entitled under the judgment.” Section 4 of RA
such a way as substantially to oust the owner and 8974 further states that the writ of possession is an
deprive him of all beneficial enjoyment thereof. “Taking” order to take possession of the property and to start
of property takes place when: (1) the owner is actually the implementation of the project.
deprived or dispossessed of his property; (2) there is a Same; Same; The Government is provisionally
practical destruction or a material impairment of the authorized to take the property for public purpose or
value of his property; (3) the owner is deprived of the public use whenever the court issues a writ of
ordinary use of the property, or (4) when he is deprived possession in favor of the Government. —The
of the jurisdiction, supervision and control of his Government is provisionally authorized to take the
property. property for public purpose or public use whenever the
court issues a writ of possession in favor of the
Government. It may take possession of the property or
401 effectively deprive the property owner of the ordinary
use of the property. If the court, however, later on
VOL. 769, SEPTEMBER 8, 2015
determines that the State has no right of expropriation,
Republic vs. Mupas
then the State shall immediately restore the defendant
of the possession of the property and pay the property
owner damages that he sustained.
Same; Same; Just Compensation; Writs of Same; Same; The State’s taking of the property is
Possession; Under Section 4 of Republic Act (RA) No. not based on trust or contract, but is founded on its
8974, the Government is only entitled to a writ of inherent power to appropriate private property for
possession upon initial payment of just compensation public use.—The State’s taking of the property is not
to the defendant, and upon presentment to the court of based on trust or contract, but is founded on its
a certificate of availability of funds.—Under Section 4 of inherent power to appropriate private property for
RA 8974, the Government is only entitled to a writ of public use. It is also for this reason — to compensate
possession upon initial payment of just compensation the property owner for the deprivation of his right to
to the defendant, and upon presentment to the court of enjoy the ordinary use of his property until the naked
a certificate of availability of funds. A writ of title to the property passed to the State — that the
possession does not transfer title to the Government; it State pays interest from the time of the taking of the
is “a writ of execution employed to enforce a judgment property until full payment of just compensation.
to recover the possession of land. It commands the
conflict of legal rights or an assertion of opposite legal
402 claims between the parties that is susceptible or ripe
for judicial resolution.—An actual case or controversy
40 SUPREME COURT REPORTS ANNOTATED
exists when there is a conflict of legal rights or an
2
assertion of opposite legal claims between the parties
Republic vs. Mupas
that is susceptible or ripe for judicial resolution. A
justiciable controversy must not be moot and academic
or have no practical use or value. In other words, there
Expropriation Proceedings; Commissioner’s must be a definite and concrete dispute touching on
Report; Under Section 8, Rule 67 of the Rules of Court, the legal relations of the parties who have adverse
the Regional Trial Court (RTC) may accept or reject, legal interests. Otherwise, the Court would simply
whether in whole or in part, the Bureau of Custom’s render an advisory opinion on what the law would be on
(BOC’s) report which is merely advisory and a hypothetical state of facts. The disposition of the
recommendatory in character.—These developments case would not have any practical use or value as there
render the appointment of DG Jones and Partners as an is no actual substantial relief to which the applicant
independent appraiser of the NAIA-IPT III ineffective. would be entitled to and which would be negated by the
An appraiser is a person selected or appointed by dismissal or denial of the petition.
competent authority to ascertain and state the true
value of goods or real estate. The purpose of appointing LEONEN, J., Concurring Opinion:
DG Jones and Partners as an independent appraiser
was to assist the BOC in appraising the NAIA-IPT III. In Eminent Domain; Expropriation Proceedings; View
fact, the BOC requested the RTC to engage the that the improvements built by Philippine International
services of an independent appraiser because the BOC Air Terminals Co.,
had no technical expertise to conduct the valuation of
the NAIA-IPT III. In turn, the BOC was to recommend to
the RTC the replacement cost of the NAIA-IPT III. Under 403
Section 8, Rule 67 of the Rules of Court, the RTC may
accept or reject, whether in whole or in part, the BOC’s VOL. 769, SEPTEMBER 8, 2015
report which is merely advisory and recommendatory in Republic vs. Mupas
character.
Judicial Review; Actual Case or Controversy; An
actual case or controversy exists when there is a Inc. through its subcontractors may have been
private, but it was the product of a procurement take into consideration the present value of the
contract that would later be declared as illegal and property.—I reiterate the view that while just
void ab initio. Thus, view that it is not the kind of compensation must be the value of the property at the
private property protected under Article III, Section 9 time of the taking, the actual amount to be paid should
of the Constitution. It is not the kind of property that take into consideration the present value of the
should be the subject of expropriation.—I entertain property. I had occasion to point this out in my
serious doubts about the propriety of the remedy Separate Opinions in Secretary of the Department of
pursued by the government to comply with the Decision Public Works and Highways v. Spouses Tecson , 700
of this court in Agan, Jr. v. Philippine International Air SCRA 243 (2013), and Heirs of Spouses Tria v. Land
Terminals Co., Inc., 420 SCRA 575 (2004). The Bank of the Philippines, 700 SCRA 188 (2013).
improvements built by Philippine International Air PETITIONS for review on certiorari of the decision and
Terminals Co., Inc. through its subcontractors may have resolution of the Court of Appeals; and SPECIAL CIVIL
been private, but it was the product of a procurement ACTION in the Supreme Court. Certiorari.
contract that would later be declared as illegal and void The facts are stated in the opinion of the Court.
ab initio. Thus, in my view, it is not the kind of private Enrique W. Galang for Takenaka Corporation and
property protected under Article III, Section 9 of the Asahikosan Corporation.
Constitution. It is not the kind of property that should Quasha, Ancheta, Peña & Nolasco for Philippine
be the subject of expropriation. Otherwise, the essence International Air Terminals Co., Inc. (PIATCO).
of the illegality of the contract will be nullified. Mario V. Andres and Katharina C. Cases-De Vera for
Same; Same; Just Compensation; View that Fraport AG Frankfurt Airport Services Worldwide
instead of the fair market value of the property at the (Fraport) Stockholder of PIATCO.
time of the taking, the government would have had to BRION, J.:
pay the value of the property based on its utility at
present.—Nonetheless, the rules on valuation will be Before the Court are the consolidated petitions for
different should government be made to pay the owner review on certiorari assailing the Decision dated
so that there is no unjust enrichment. Instead of the August 22, 2013, and the Resolution dated October 29,
fair market value of the property at the time of the 2013, of the Court of Appeals (CA) in C.A.-G.R. CV No.
taking, the government would have had to pay the value 98029; and the petition for certiorari assailing the May
of the property based on its utility at present. 3, 2007; May 18, 2008; and January 7, 2008 Decision of
Same; Same; Same; View that while just the Regional Trial Court ( RTC) of Pasay City, Branch 117,
compensation must be the value of the property at the in Civil Case No. 04-0876.1
time of the taking, the actual amount to be paid should _______________
1 In G.R. No. 209917, the Government filed a petition and Partners as an independent appraiser of the NAIA-
for review on certiorari seeking to partially reverse the IPT III, and ordered the Government to submit a
CA’s August 22, 2013 Amended Decision and October Certificate of Availability of Funds to cover DG Jones
29, 2013 Resolution in C.A.-G.R. CV No. 98029. In G.R. and Partners’ appraisal fee of $1,900,000.00.
No. 209696, Takenaka and Asahikosan filed a petition For ease of presentation, the Court’s discussion shall
for review on certiorari seeking to partially reverse the be under the following structure:
same CA rulings. In G.R. No. 209731, PIATCO filed a I. The Factual Antecedents
petition for review on certiorari filed seeking to reverse A. The NAIA-IPT IIII Contract and PIATCO
the same CA rulings. 1. The NAIA-IPT III Contract
2. PIATCO
3. PIATCO and the Services of Takenaka and
405 Asahikosan
B. The Agan v. PIATCO Case, G.R. No. 155001
VOL. 769, SEPTEMBER 8, 2015
1. The Case and the Decision dated May 5, 2003
Republic vs. Mupas
2. The Motion for Reconsideration and the Resolution
dated January 21, 2004
C. The Expropriation Case, Civil Case No. 04-0876
In G.R. No. 181892, the Government filed a petition for _______________
certiorari with prayer for the issuance of a temporary 2 Rollo, pp. 10-40; penned by Associate Justice
restraining order assailing the January 7, 2008 order of Apolinario D. Bruselas, Jr., and concurred in by
the Regional Trial Court of Pasay City, Branch 117 in Associate Justices Rebecca De Guia-Salvador and
Civil Case No. 04-0876. Samuel J. Gaerlan.
In C.A.-G.R. CV No. 98029, the CA ordered petitioners
Republic of the Philippines, Department of
Transportation and Communications, and Manila 406
International Airport Authority ( Government for brevity)
to pay the Philippine International Airport Terminals 40 SUPREME COURT REPORTS ANNOTATED
Co., Inc. (PIATCO) the amount of $371,426,688.24 with 6
interest at 6% per annum as just compensation for the Republic vs. Mupas
expropriation of the Ninoy Aquino International Airport-
International Passenger Terminal III (NAIA-IPT III).2
In Civil Case No. 04-0876, the RTC appointed DG Jones D. The Republic v. Gingoyon Case, G.R. No. 166429
1. The Case and the Decision dated December 19, 2005
2. The Motion for Reconsideration and the Resolution
dated February 1, 2006 V. The Parties’ Positions
E. Proceedings in Civil Case No. 04-0876 after the A. The Government’s Position
Finality of the Gingoyon Case B. PIATCO’s Position
1. The Appointment of DG Jones and Partners as an C. Takenaka and Asahikosan’s Position
Independent Appraiser VI. The Issues
2. The BOC’s Expenses VII. The Court’s Rulings
F. The Parties and the BOC’s Appraisal of the NAIA-IPT A. G.R. Nos. 209917, 209696, and 209731
III 1. The parties were afforded procedural due process
1. The Government’s Appraisal despite their nonreceipt of the BOC Final Report prior
2. PIATCO’s Appraisal to the promulgation of the May 23, 2011 Decision in
3. Takenaka and Asahikosan’s Appraisal Civil Case No. 04-0876.
4. The BOC’s Appraisal 2. Framework: Eminent domain is an inherent power of
II. The RTC’s Rulings in Civil Case No. 04-0876 the State
A. The Main Decision 2.a. The power of eminent domain is a fundamental
B. The RTC’s Interlocutory Order on the Validity of the state power that is inseparable from sovereignty
Escrow Account 2.b. Just compensation is the full and fair equivalent of
1. The Government and the Creation of an Escrow the property taken from the owner by the condemnor
Account for the Payment of Just Compensation 2.b.1. Fair market value is the general standard of value
2. The Omnibus Order dated October 11, 2011 in determining just compensation
III. The CA’s Rulings 2.b.2. Replacement cost is a different standard of value
A. C.A.-G.R. CV No. 98029 from fair market value
B. C.A.-G.R. S.P. No. 123221 2.b.3. Replacement cost is only one of the standards
IV. The Action to Enforce the London Awards, Civil Case that the Court should consider in appraising the NAIA-
No. 06-171 IPT III
407 408
435
442
_______________
444
_______________
445
2. PIATCO’s Appraisal
while the second deed of absolute sale covering TCT No. 243273
provides:
"That for and in consideration of the sum of THIRTY FIVE "3.3.2 Title to the other property (TCT No. 243273) remains
THOUSAND (P35,000.00) PESOS, receipt of which in full is with the defendants (private respondents) until plaintiff
hereby acknowledged, we have sold, transferred and (petitioner) shows proof that all the following requirements
conveyed, as we hereby sell, transfer and convey, that have been met:
(i) Plaintiff will cause the segregation of his right of way other than the contents thereof. [11] Considering that the written deeds
amounting to 398 sq. m.; of sale were the only repository of the truth, whatever is not found in
said instruments must have been waived and abandoned by the
(ii) Plaintiff will submit to the defendants the approved plan parties.[12] Examining the deeds of sale, we cannot even make an
for the segregation; inference that the sale was subject to any condition. As a contract, it
is the law between the parties.[13]
(iii) Plaintiff will put up a strong wall between his property Secondly, to buttress their argument, private respondents rely
and that of defendants' lot to segregate his right of way; on the case of Land Settlement Development, Co. vs. Garcia
Plantation[14] where the Court ruled that a condition precedent to a
(iv) Plaintiff will pay the capital gains tax and all other contract may be established by parol evidence. However, the
expenses that may be incurred by reason of sale. x x x." material facts of that case are different from this case. In the former,
the contract sought to be enforced [15] expressly stated that it is
During trial, private respondent Oscar Inocentes, a former subject to an agreement containing the conditions-precedent which
judge, orally testified that the sale was subject to the above were proven through parol evidence. Whereas, the deeds of sale in
conditions,[7] although such conditions were not incorporated in the this case, made no reference to any pre- conditions or other
deeds of sale. Despite petitioner's timely objections on the ground agreement. In fact, the sale is denominated as absolute in its own
that the introduction of said oral conditions was barred by the parol terms.
evidence rule, the lower court nonetheless, admitted them and Third, the parol evidence herein sought to be introduced would
eventually dismissed the complaint as well as the counterclaim. On vary, contradict or defeat the operation of a valid instrument,
appeal, the Court of Appeals (CA) affirmed the court a quo. Hence, [16]
hence, contrary to the rule that:
this petition.
We are tasked to resolve the issue on the admissibility of parol The parol evidence rule forbids any addition to x x x the
evidence to establish the alleged oral conditions-precedent to a terms of a written instrument by testimony purporting to
contract of sale, when the deeds of sale are silent on such show that, at or before the signing of the document, other or
conditions. different terms were orally agreed upon by the parties.[17]
The parol evidence herein introduced is inadmissible. First,
Although parol evidence is admissible to explain the meaning of a
private respondents' oral testimony on the alleged conditions, coming
contract, "it cannot serve the purpose of incorporating into the
from a party who has an interest in the outcome of the case,
contract additional contemporaneous conditions which are not
depending exclusively on human memory, is not as reliable as
mentioned at all in the writing unless there has been fraud or
written or documentary evidence.[8] Spoken words could be
mistake." [18] No such fraud or mistake exists in this case.
notoriously unreliable unlike a written contract which speaks of a
uniform language.[9] Thus, under the general rule in Section 9 of Rule Fourth, we disagree with private respondents' argument that
130[10] of the Rules of Court, when the terms of an agreement were their parol evidence is admissible under the exceptions provided by
reduced to writing, as in this case, it is deemed to contain all the the Rules, specifically, the alleged failure of the agreement to
terms agreed upon and no evidence of such terms can be admitted
express the true intent of the parties. Such exception obtains only in One last thing, assuming arguendo that the parol evidence is
the following instance: admissible, it should nonetheless be disbelieved as no other
evidence appears from the record to sustain the existence of the
"[W]here the written contract is so ambiguous or obscure in alleged conditions. Not even the other seller, Asuncion Inocentes,
terms that the contractual intention of the parties cannot be was presented to testify on such conditions.
understood from a mere reading of the instrument. In such a ACCORDINGLY, the appealed decision is REVERSED and the
case, extrinsic evidence of the subject matter of the records of this case REMANDED to the trial court for proper
contract, of the relations of the parties to each other, and of disposition in accordance with this ruling.
the facts and circumstances surrounding them when they
entered into the contract may be received to enable the SO ORDERED.
court to make a proper interpretation of the instrument." [19]
Narvasa, C.J., (Chairman), Davide, Jr., Melo, and Panganiban,
JJ., concur.
In this case, the deeds of sale are clear, without any ambiguity,
mistake or imperfection, much less obscurity or doubt in the terms
thereof.
Fifth, we are not persuaded by private respondents contention
that they "put in issue by the pleadings" the failure of the written
agreement to express the true intent of the parties. Record
shows[20] that private respondents did not expressly plead that the
deeds of sale were incomplete or that it did not reflect the
intention[21] of the buyer (petitioner) and the seller (private
respondents). Such issue must be "squarely presented." [22] Private
respondents merely alleged that the sale was subject to four (4)
conditions which they tried to prove during trial by parol evidence.
[23]
Obviously, this cannot be done, because they did not plead any of
the exceptions mentioned in the parol evidence rule. [24] Their case is
covered by the general rule that the contents of the writing are the
only repository of the terms of the agreement. Considering that
private respondent Oscar Inocentes is a lawyer (and former judge)
he was "supposed to be steeped in legal knowledge and practices"
and was "expected to know the consequences" [25] of his signing a
deed of absolute sale. Had he given an iota's attention to scrutinize
the deeds, he would have incorporated important stipulations that the
transfer of title to said lots were conditional.[26]
SECOND DIVISION.
*
329
VOL. 421, JANUARY 29, 2004 329
Lapulapu Foundation, Inc. vs. Court of Appeals
Same; Same; Parol evidence cannot serve the purpose of
incorporating into the contract additional contemporaneous
conditions which are not mentioned at all in writing.—Evidence of
a prior or contemporaneous verbal agreement is generally not
admissible to vary, contradict or defeat the operation of a valid
contract. While parol evidence is admissible to explain the
meaning of written contracts, it cannot serve the purpose of
incorporating into the contract additional contemporaneous
conditions which are not mentioned at all in writing, unless there
has been fraud or mistake. No such allegation had been made by
the petitioners in this case.
G.R. No. 126006. January 29, 2004.* Corporation Law; Corporate Officers; Powers; If a
LAPULAPU FOUNDATION, INC. and ELIAS Q. TAN,
corporation knowingly permits one of its officers to act within the
petitioners, vs. COURT OF APPEALS (Seventeenth Division) and
scope of an apparent authority, it holds him out to the public as
ALLIED BANKING CORP., respondents.
possessing the power to do those acts.—It is a familiar doctrine
Evidence; Parol Evidence Rule; No other evidence to be
that if a corporation knowingly permits one of its officers, or any
received other than the contents of the written agreement.—The other agent, to act within the scope of an apparent authority, it
parol evidence rule likewise constrains this Court to reject holds him out to the public as possessing the power to do those
petitioner Tan’s claim regarding the purported unwritten acts; and thus, the corporation will, as against anyone who has in
agreement between him and the respondent Bank on the good faith dealt with it through such agent, be estopped from
payment of the obligation Section 9, Rule 130 of the of the denying the agent’s authority.
Revised Rules of Court provides that “[w]hen the terms of an
agreement have been reduced to writing, it is to be considered as PETITION for review on certiorari of the decision of the Court of
containing all the terms agreed upon and there can be, between Appeals.
the parties and their successorsininterest, no evidence of such
terms other than the contents of the written agreement.” The facts are stated in the opinion of the Court.
Romeo D. Tagra for petitioners.
_______________
Eduardo F. Rosello for private respondents. P/N No. Date of P/N Maturity Date Amount as of
1/23/79
CALLEJO, SR., J.: BD No. 716 Dec. 12, 1977 Apr. 11, 1978 P122,322.21
BD No. 839 Jan. 5, 1978 May 5, 1978 P120,455.542
Before the Court is the petition for review on certiorari filed by As of January 23, 1979, the entire obligation amounted to
the Lapulapu Foundation, Inc. and Elias Q. Tan seeking to P493,566.61 and despite demands made on them by the
reverse and set aside the Decision1 dated June 26, 1996 of the respondent Bank, the petitioners failed to pay the same. The
Court of Appeals (CA) in CAG.R. CV No. 37162 ordering the respondent Bank was constrained to file with the Regional Trial
petitioners, jointly and solidarily, to pay the respondent Allied Court of Cebu City, Branch 15, a complaint seeking payment by
Banking Corporation the amount of P493,566.61 plus interests the petitioners, jointly and solidarily, of the sum of P493,566.61
and other charges. Likewise, sought to be reversed and set aside representing their loan obligation, exclusive of interests, penalty
is the appellate court’s Resolution dated August 19, 1996 denying charges, attorney’s fees and costs.
the petitioners’ motion for reconsideration. In its answer to the complaint, the petitioner Foundation
The case stemmed from the following facts: denied incurring indebtedness from the respondent Bank alleging
that the loans were obtained by petitioner Tan in his personal
_______________ capacity, for his own use and benefit and on the strength of the
personal information he furnished the respondent Bank. The
1
Penned by Associate Justice Delilah VidallonMagtolis with
petitioner Foundation maintained that it never authorized
Associate Justices Quirino D. Abad Santos and Artemio G.
petitioner Tan to cosign in his capacity as its President any
Tuquero concurring.
promissory note and that the respondent Bank fully knew that
330
the loans contracted were made in petitioner Tan's personal
330 SUPREME COURT REPORTS ANNOTATED capacity and for his own use and that the petitioner Foundation
Lapulapu Foundation, Inc. vs. Court of Appeals never benefited, directly or indirectly therefrom. The petitioner
Sometime in 1977, petitioner Elias Q. Tan, then President of the Foundation then interposed a crossclaim against petitioner Tan
copetitioner Lapulapu Foundation, Inc., obtained four loans from alleging that he, having exceeded his authority, should be solely
the respondent Allied Banking Corporation covered by four liable for said loans, and a counterclaim against the respondent
promissory notes in the amounts of P100,000 each. The details of Bank for damages and attorney’s fees.
the promissory notes are as follows: For his part, petitioner Tan admitted that he contracted the
P/N No. Date of P/N Maturity Date Amount as of loans from the respondent Bank in his personal capacity. The
1/23/79 parties, however, agreed that the loans were to be paid from the
BD No. 504 Nov. 7, 1977 Feb. 5, 1978 P123,377.76 pro
BD No. 621 Nov. 28, 1977 Mar. 28, 1978 P123,411.10
_______________
2
Rollo, p. 24. including all other charges included in the same, with
s interest at 14% per annum, computed from January 24,
331 1979, until the same are fully paid, plus 2% service
VOL. 421, JANUARY 29, 2004 331 charges and 1% monthly penalty charges.
Lapulapu Foundation, Inc. vs. Court of Appeals
ceeds of petitioner Tan’s shares of common stocks in the Lapulapu 2. “2.Requiring the defendants Elias Q. Tan and Lapulapu
Industries Corporation, a real estate firm. The loans were covered Foundation, Inc., to pay jointly and solidarily, attorney’s
by promissory notes which were automatically renewable (“rolled fees in the equivalent amount of 25% of the total amount
over”) every year at an amount including unpaid interests, until due from the defendants on the promissory notes,
such time as petitioner Tan was able to pay the same from the including all charges;
proceeds of his aforesaid shares.
According to petitioner Tan, the respondent Bank’s employee 3. “3.Requiring the defendants Elias Q. Tan and Lapulapu
required him to affix two signatures on every promissory note, Foundation, Inc., to pay jointly and solidarily litigation
assuring him that the loan documents would be filled out in expenses of P1,000.00 plus costs of the suit.3”
accordance with their agreement. However, after he signed and
delivered the loan documents to the respondent Bank, these were On appeal, the CA affirmed with modification the judgment of the
filled out in a manner not in accord with their agreement, such court a quo by deleting the award of attorney’s fees in favor of the
that the petitioner Foundation was included as party thereto. respondent Bank for being without basis.
Further, prior to its filing of the complaint, the respondent Bank
made no demand on him. _______________
After due trial, the court a quo rendered judgment the
dispositive portion of which reads: 3
Id., at p. 25.
WHEREFORE, in view of the foregoing evidences [sic], 332
arguments and considerations, this court hereby finds the 332 SUPREME COURT REPORTS ANNOTATED
preponderance of evidence in favor of the plaintiff and hereby Lapulapu Foundation, Inc. vs. Court of Appeals
renders judgment as follows: The appellate court disbelieved petitioner Tan’s claim that the
loans were his personal loans as the promissory notes evidencing
1. “1.Requiring the defendants Elias Q. Tan and Lapulapu them showed upon their faces that these were obligations of the
Foundation, Inc. [the petitioners herein] to pay jointly petitioner Foundation, as contracted by petitioner Tan himself in
and solidarily to the plaintiff Allied Banking Corporation his “official and personal character.” Applying the parol evidence
[the respondent herein] the amount of P493,566.61 as rule, the CA likewise rejected petitioner Tan’s assertion that
principal obligation for the four promissory notes, there was an unwritten agreement between him and the
respondent Bank that he would pay the loans from the proceeds DOCTRINE OF PIERCING THE VEIL OF
of his shares of stocks in the Lapulapu Industries Corp. CORPORATE ENTITY AS BASIS FOR ADJUDGING
Further, the CA found that demand had been made by the
respondent Bank on the petitioners prior to the filing of the _______________
complaint a quo. It noted that the two letters of demand dated
January 3, 19794 and January 30, 19795asking settlement of the
4
Exhibit “R.”
obligation were sent by the respondent Bank. These were received
5
Exhibit “S.”
by the petitioners as shown by the registry return
6
Exhibits “R2” and “S1.”
cards6 presented during trial in the court a quo. 333
Finally, like the court a quo, the CA applied the doctrine of VOL. 421, JANUARY 29, 2004 333
piercing the veil of corporate entity in holding the petitioners Lapulapu Foundation, Inc. vs. Court of Appeals
jointly and solidarily liable. The evidence showed that petitioner
Tan had represented himself as the President of the petitioner 1. JOINT AND SOLIDARY LIABILITY ON THE PART OF
Foundation, opened savings and current accounts in its behalf, PETITIONERS ELIAS Q. TAN AND LAPULAPU
and signed the loan documents for and in behalf of the latter. The FOUNDATION, INC.7
CA, likewise, found that the petitioner Foundation had allowed
petitioner Tan to act as though he had the authority to contract The petitioners assail the appellate court’s finding that the loans
the loans in its behalf. On the other hand, petitioner Tan could had become due and demandable in view of the two demand
not escape liability as he had used the petitioner Foundation for letters sent to them by the respondent Bank. The petitioners
his benefit. insist that there was no prior demand as they vigorously deny
Aggrieved, the petitioners now come to the Court alleging receiving those letters. According to petitioner Tan, the
that: signatures on the registry return cards were not his.
The petitioners’ denial of receipt of the demand letters was
1. I.THE COURT OF APPEALS GRAVELY ERRED IN rightfully given scant consideration by the CA as it held:
HOLDING THAT THE LOANS SUBJECT MATTER OF Exhibits “R” and “S” are two letters of demand, respectively dated
THE INSTANT PETITION ARE ALREADY DUE AND January 3, 1979 and January 30, 1979, asking settlement of the
DEMANDABLE DESPITE ABSENCE OF PRIOR obligations covered by the promissory notes. The first letter was
DEMAND. written by Ben Tio Peng Seng, VicePresident of the bank, and
addressed to Lapulapu Foundation, Inc., attention of Mr. Elias Q.
2. II.THE COURT OF APPEALS GRAVELY ERRED IN Tan, President, while the second was a final demand written by
APPLYING THE PAROL EVIDENCE RULE AND THE the appellee’s counsel, addressed to both defendantsappellants,
and giving them five (5) days from receipt within which to settle
or judicial action would be instituted against them. Both letters wrong. It is the petitioners’ burden to overcome the presumptions
were duly received by the defendants, as shown by the registry by sufficient evidence, and other than their barefaced denial, the
return cards, marked as Exhibits “R2” and “S1,” respectively. petitioners failed to support their claim that they did not receive
The allegation of Tan that he does not know who signed the said the demand letters; therefore, no prior demand was made on
registry return receipts merits scant consideration, for there is no them by the respondent Bank.
showing that the addresses thereon were wrong. Hence, the Having established that the loans had become due and
disputable presumption “that a letter duly directed and mailed demandable, the Court shall now resolve the issue of whether the
was received in the regular course of mail” (per par. V, Section 3, CA correctly held the petitioners jointly and solidarily liable
Rule 131 of the Revised Rules on Evidence) still holds.8 therefor.
There is no dispute that the promissory notes had already In disclaiming any liability for the loans, the petitioner
matured. However, the petitioners insist that the loans had not Foundation maintains that these were contracted by petitioner
become due and demandable as they deny receipt of the Tan in his personal capacity and that it did not benefit therefrom.
respondent Bank’s demand letters. When presented the registry On the other hand, while admitting that the loans were his
return cards during the trial, petitioner Tan claimed that he did personal obligation, petitioner Tan avers that he had an
not recognize the signatures thereon. The petitioners’ allegation unwritten agreement with the respondent Bank that these loans
and denial are selfserving. They cannot prevail over the registry would be renewed on a yeartoyear basis and paid from the
return cards which constitute documentary evidence and which proceeds of his shares of stock in the Lapulapu Industries Corp.
enjoy the presumption that, absent clear and convincing evidence These contentions are untenable.
to the contrary, these were regularly issued by the postal officials The Court particularly finds as incredulous petitioner Tan’s
in the allegation that he was made to sign blank loan documents and
that the phrase “IN MY OFFICIAL/PERSONAL CAPACITY” was
_______________ superimposed by the respondent Bank’s employee despite
petitioner Tan’s protestation. The Court is hard pressed to believe
7
Rollo, p. 14. that a businessman” of petitioner Tan’s stature could have been
8
Id.,at p. 30. so careless as to sign blank loan documents.
334 In contrast, as found by the CA, the promissory notes 11clearly
334 SUPREME COURT REPORTS ANNOTATED showed upon their faces that they are the obligation of the
Lapulapu Foundation, Inc. vs. Court of Appeals petitioner Foundation, as contracted by petitioner Tan “in his
performance of their official duty and that they acted in good official and personal capacity.”12 Moreover, the application for
faith.9 Further, as the CA correctly opined, mails are presumed to credit accommodation,13 the signature cards of the two accounts in
have been properly delivered and received by the addressee “in the name
the regular course of the mail.”10 As the CA noted, there is no
showing that the addresses on the registry return cards were _______________
9
Gold Line Transit, Inc. v. Ramos, 363 SCRA 262 (2001).
17
The provision reads in full:
10
Section 3(V), Rule 131 of the Revised Rules of Court. Sec. 9. Evidence of written agreements.—When the terms of an
11
Exhibits “H” to “L.” agreement have been reduced to writing, it is considered as
12
Rollo, p. 26. containing all the terms agreed upon and there can be, between
13
Exhibit “D.” the parties and their successorsininterest, no evidence of such
335 terms other than the contents of the written agreement.
VOL. 421, JANUARY 29, 2004 335 However, a party may present evidence to modify, explain or
Lapulapu Foundation, Inc. vs. Court of Appeals add to the terms of the written agreement if he puts in issue in
of petitioner Foundation,14 as well as New Current Account his pleadings:
Record,15 all accompanying the promissory notes, were signed by (a) An intrinsic ambiguity, mistake or imperfection in the
petitioner Tan for and in the name of the petitioner written agreement;
Foundation.16 These documentary evidence unequivocally and (b) The failure of the written agreement to express the true
categorically establish that the loans were solidarily contracted intent and agreement of the parties thereto;
by the petitioner Foundation and petitioner Tan. (c) The validity of the written agreement; or
As a corollary, the parol evidence rule likewise constrains this (d) The existence of other terms agreed to by the parties or
Court to reject petitioner Tan’s claim regarding the purported their successorsininterest after the execution of the written
unwritten agreement between him and the respondent Bank on agreement.
the payment of the obligation Section 9, Rule 130 of the of the The term “agreement” includes wills.
Revised Rules of Court provides that “[w]hen the terms of an 336
agreement have been reduced to writing, it is to be considered as 336 SUPREME COURT REPORTS ANNOTATED
containing all the terms agreed upon and there can be, between Lapulapu Foundation, Inc. vs. Court of Appeals
the parties and their successorsininterest, no evidence of such notes were to be paid on these dates is clear and explicit.
terms other than the contents of the written agreement.”17 Nowhere was it stated therein that they would be renewed on a
In this case, the promissory notes are the law between the yeartoyear basis or “rolledover” annually until paid from the
petitioners and the respondent Bank. These promissory notes proceeds of petitioner Tan’s shares in the Lapulapu Industries
contained maturity dates as follows: February 5, 1978, March 28, Corp. Accordingly, this purported unwritten agreement could not
1978, April 11, 1978 and May 5, 1978, respectively. That these be made to vary or contradict the terms and conditions in the
promissory notes.
_______________ Evidence of a prior or contemporaneous verbal agreement is
generally not admissible to vary, contradict or defeat the
14
Exhibits “A” and “B.” operation of a valid contract.18 While parol evidence is admissible
15
Exhibit “C.” to explain the meaning of written contracts, it cannot serve the
16
Ibid. purpose of incorporating into the contract additional
contemporaneous conditions which are not mentioned at all in 337
writing, unless there has been fraud or mistake.19 No such VOL. 421, JANUARY 29, 2004 337
allegation had been made by the petitioners in this case. Lapulapu Foundation, Inc. vs. Court of Appeals
Finally, the appellate court did not err in holding the Per its Secretary’s Certificate, the petitioner Foundation had
petitioners jointly and solidarily liable as it applied the doctrine of given its President, petitioner Tan, ostensible and apparent
piercing the veil of corporate entity. The petitioner Foundation
authority to inter alia deal with the respondent Bank.
asserts that it has a personality separate and distinct from that of
Accordingly, the petitioner Foundation is estopped from
its President, petitioner Tan, and that it cannot be held solidarily
questioning petitioner Tan’s authority to obtain the subject—
liable for the loans of the latter.
loans from the respondent Bank. It is a familiar doctrine that if a
The Court agrees with the CA that the petitioners cannot hide
corporation knowingly permits one of its officers, or any other
behind the corporate veil under the following circumstances:
agent, to act within the scope of an apparent authority, it holds
The evidence shows that Tan has been representing himself as
him out to the public as possessing the power to do those acts;
the President of Lapulapu Foundation, Inc. He opened a savings
and thus, the corporation will, as against anyone who has in good
account and a current account in the names of the corporation,
faith dealt with it through such agent, be estopped from denying
and signed the application form as well as the necessary specimen
the agent’s authority.21
signature cards (Exhibits “A,” “B” and “C”) twice, for himself and
In fine, there is no cogent reason to deviate from the CA’s
for the foundation. He submitted a notarized Secretary’s ruling that the petitioners are jointly and solidarily liable for the
Certificate (Exhibit “G”) from the corporation, attesting that he loans contracted with the respondent Bank.
has been authorized, inter alia, to sign for and in behalf of the WHEREFORE, premises considered, the petition is DENIED
Lapulapu Foundation any and all checks, drafts or other orders and the Decision dated June 26, 1996 and Resolution dated
with respect to the bank; to transact business with the Bank, August 19, 1996 of the Court of Appeals in CAG.R. CV No. 37162
negotiate loans, agreements, obligations, promissory notes and are AFFIRMED in toto.
SO ORDERED.
other commercial documents; and to initially obtain a loan for
Puno (Chairman), Quisumbing, AustriaMartinezand Ti
P100,000.00 from any bank (Exhibits “G1” and “G2”). Under
these circumstances, the defendant corporation is liable for the nga, JJ., concur.
transactions entered into by Tan on its behalf.20 Petition denied, judgment and resolution affirmed in toto.
Note.—The socalled parole evidence rule forbids any addition
_______________ to or contradiction of the terms of a written instrument by
testimony of other evidence purporting to show that, at or before
18
MC Engineering v. Court of Appeals, 380 SCRA 116 (2002). the execution of the parties’ written agreement, other or different
19
Ibid. terms were agreed upon by the parties, varying the purport of the
20
Rollo, p. 31 (Italics ours.)
written contract. (Manufacturers Building, Inc. vs. Court of
Appeals, 354 SCRA 521 [2001])
——o0o——
_______________
G.R. No. 169985. June 15, 2011.*
MODESTO LEOVERAS, petitioner, vs. CASIMERO VALDEZ,
respondent.
Property; Land Titles; Ownership; Reconveyance; An action
for reconveyance is a legal and equitable remedy granted to the
rightful landowner, whose land was wrongfully or erroneously
registered in the name of another, to compel the registered owner
to transfer or reconvey the land to him.—An action for
reconveyance is a legal and equitable remedy granted to the
rightful landowner, whose land was wrongfully or erroneously
registered in the name of another, to compel the registered owner
to transfer or reconvey the land to him. The plaintiff in this action
must allege and prove his ownership of the land in dispute and
the defendant’s erroneous, fraudulent or wrongful registration of extinguishment of coownership.—The Civil Code of the
the property. Philippines defines partition as the separation, division and
assignment of a thing held in common among those to whom it
_______________ may belong.Partition is the division between two or more persons
of real or personal property, owned in common, by setting apart
** Per Special Order No. 1003 dated June 8, 2011.
their respective interests so that they may enjoy and possess
*** Additional member per Special Order No. 1000 dated
these in severalty, resulting in the partial or total extinguishment
June 8, 2011.
of coownership.
* THIRD DIVISION.
Same; Same; One of the legal effects of partition is to
62
6 SUPREME COURT REPORTS ANNOTATED terminate the coownership and to make the previous coowners
2 the absolute and exclusive owner of the share allotted to him.—
Contrary to the petitioner’s claim that his actual possession
Leoveras vs. Valdez
determines the extent of his ownership, it is the
Evidence; Parol Evidence Rule; To avoid the operation of the
parties’ Agreement that defines the extent of their ownership in
parol evidence rule, the Rules of Court allows a party to present the subject property. One of the legal effects of partition, whether
evidence modifying, explaining or adding to the terms of the by agreement among the coowners or by judicial proceeding, is to
written agreement if he puts in issue in his pleading the failure of terminate the coownership and, consequently, to make the
the written agreement to express the true intent and agreement of previous coowners the absolute and exclusive owner of the share
the parties.—To avoid the operation of the parol evidence rule, the allotted to him.
Rules of Court allows a party to present evidence modifying, PETITION for review on certiorari of the decision and resolution
explaining or adding to the terms of the written agreement if he of the Court of Appeals.
puts in issue in his pleading, as in this case, the failure of the The facts are stated in the opinion of the Court.63
written agreement to express the true intent and agreement of VOL. 652, JUNE 15, 2011 63
the parties. The failure of the written agreement to express the Leoveras vs. Valdez
true intention of the parties is either by reason of mistake, fraud, Aoanan Law Office for petitioner.
inequitable conduct or accident, which nevertheless did not Sheila CresenciaElasin for respondent.
prevent a meeting of the minds of the parties.
BRION, J.:
Property; Partition; Partition is the division between two or
Before the Court is a petition for review on certiorari1assailing
more persons of real or personal property, owned in common, by
the March 31, 2005 decision2 and the October 6, 2005
setting apart their respective interests so that they may enjoy and
resolution3 of the Court of Appeals (CA) in CAG.R. CV No. 68549.
possess these in severalty, resulting in the partial or total The CA decision reversed the June 23, 2000 decision 4 of the
Regional Trial Court (RTC), Branch 46, Urdaneta City, Leoveras vs. Valdez
Pangasinan, dismissing respondent Casimero Valdez’s complaint Josefa each owned onehalf (½) of Benigna’s threefourths (¾)
for annulment of title, reconveyance and damages against share.
petitioner Modesto Leoveras. On June 14, 1969, Alejandra’s heirs sold their predecessor’s
onehalf (½) share (roughly equivalent to 10,564 square meters) to
Factual Antecedents the respondent, as evidenced by a Deed of Absolute Sale.9
Also on June 14, 1969, Josefa sold her own onehalf (½) share
Maria Sta. Maria and Dominga Manangan were the registered
(subject property) to the respondent and the petitioner, as
owners—threefourths (¾) and onefourth (¼) proindiviso, evidenced by another Deed of Absolute Sale. 10On even date, the
respectively—of a parcel of land located in Poblacion, Manaoag,
respondent and the petitioner executed an Agreement,11 allotting
Pangasinan, covered by Original Certificate of Title (OCT) No. their portions of the subject property.
24695, with an area of 28,171 square meters.5 WITNESSETH
In September 1932, Sta. Maria sold her threefourths (¾) That we [petitioner and respondent] are the absolute owners
share to Benigna Llamas.6 The sale was duly annotated at the of [the subject property] which is particularly described as
back of OCT No. 24695. When Benigna died in 1944, 7she willed follows:
her threefourths (¾) share equally to her sisters Alejandra xxx
Llamas and Josefa Llamas.8 Thus, Alejandra and That our ownership over the said portion mentioned above is
evidenced by a Deed of Absolute Sale xxx
_______________ That in said deed of sale mentioned in the immediate
preceding paragraph, our respective share consist of 5,282.13
1 Under Rule 45 of the Rules of Court.
[onehalf of 10,564 square meters] square meter each.
2 Rollo, pp. 1221; penned by Associate Justice Vicente S.E. That we hereby agreed and covenanted that our respective
Veloso, with the concurrence of Associate Justices Roberto A. share shall be as follows:
Barrios and Amelita G. Tolentino. Modesto Leoveras—3,020 square meters residential portion
3 Id., at p. 10.
4 Id., at pp. 2225; penned by Judge Modesto C. Juanson. on the northern part near the
5 Annex “Q.” Municipal road of Poblacion Pugaro,
6 Annex “Q2.” Manaoag, Pangasinan;
7 Annex “J.”
8 Annex “K,” par. 5, and Annex “C,” par. 3. _______________
64
64 SUPREME COURT REPORTS ANNOTATED
9 Annex “A.” The deed was registered in the Office of the a. 11, 568 square meters to the respondent and
Register of Deeds of Lingayen, Pangasinan on June 20, 1977, petitioner17
under Entry No. 456592.
10 Annex “C.” The deed was registered in the Office of the _______________
Register of Deeds of Lingayen, Pangasinan on June 20, 1977,
under Entry No. 456594; Records, pp. 23. 12 The area of the subject property is 10,564 square meters.
11 Annex “D.” The Agreement itself states that prior to the allotment of the
65 parties’ respective portions, the parties own a proindiviso one
VOL. 652, JUNE 15, 2011 65 half share, that is, 5,282 square meters of the subject land. The
Leoveras vs. Valdez RTC found that under the Agreement, the respondent is entitled
Casimero Valdez—7,544.2712 square meters of the to 7,544 sq. m.
parcel of land described above.13 13 Supra note 11; Annex “O.”
On June 8, 1977, the petitioner and the respondent executed 14 The Affidavit of Adverse Claim was annotated at the back
an Affidavit of Adverse Claim over the subject property. 14 The of OCT No. 24695 as Entry No. 456593, Annex “N.”
parties took possession of their respective portions of the subject 15 Rollo, pp. 2324.
property and declared it in their name for taxation purposes.15 16 Records, pp. 45.
In 1996, the respondent asked the Register of Deeds of 17 Annex “F.”
Lingayen, Pangasinan on the requirements for the transfer of 66
title over the portion allotted to him on the subject property. To 66 SUPREME COURT REPORTS ANNOTATED
his surprise, the respondent learned that the petitioner had
Leoveras vs. Valdez
already obtained in his name two transfer certificates of title
b. 8, 689 square meters to one Virgilia Li
(TCTs): one, TCT No. 195812—covering an area of 3,020 square Meneses18
meters; and two, TCT No. 195813—covering an area of 1,004 2. Deed of Absolute Sale (Benigna Deed) also dated
square meters (or a total of 4,024 square meters). June 14, 1969 executed by Benigna19 which reads:
The Register of Deeds informed the respondent that they could I, Benigna Llamas, Fernandez xxx do sell xxx by way of
not find the record of OCT No. 24695; instead, the Register of ABSOLUTE SALE unto the said Casimero
Deeds furnished the respondent with the following16 (collectively, Valdez, Modesto Leoveras and Virgilia Meneses their
petitioner’s documents): heirs and assigns, 7,544 sq.m.; 4,024 sq. m. and 8,689 sq.
1. Two (2) deeds of absolute sale dated June 14, 1969, m. more or less respectively of a parcel of land which is
both executed by Sta. Maria, purportedly conveying particularly described as follows:
an unspecified portion of OCT No. 24695 as follows: “A parcel of land xxx covered by [OCT No.] 24695.”
(Emphases added)
3. Subdivision Plan of PSU 21864 of OCT No. 24695 20 portion (disputed property) covered by TCT No. 195813, on the
4. Affidavit of Confirmation of Subdivision21 dated May ground that the petitioner is entitled only to the 3,020 square
3, 1994 (Affidavit), which reads: meters identified in the parties’ Agreement.
That we, Virgilia Li Meneses, xxx Dominga Manangan; The respondent sought the nullification of the petitioner’s
Modesto Leoveras; and Casimero Valdez xxx titles by contesting the authenticity of the petitioner’s documents.
xxx are coowners of a certain parcel of land with an area of Particularly, the respondent assailed the Benigna Deed by
28, 171 sq. m. more or less in subdivision plan Psu 21864 xxx presenting Benigna’s death certificate. The respondent argued
covered by [OCT No.] 24695 situated at Poblacion (now Pugaro), that Benigna could not have executed a deed, which purports to
Manaoag, Pangasinan; convey 4,024 square meters to the petitioner, in 1969 because
xxx we agree xxx to subdivide and hereby confirmed the Benigna already died in 1944. The respondent added that neither
subdivision in the following manner xxx: could Sta. Maria have sold to the parties her threefourths (¾)
Lot 2 with an area of 3, 020 sq. m. xxx to Modesto Leo share in 1969 because she had already sold her share to Benigna
verasxxx; in 1932.22 The respondent denied his purported signature
Lot 3 with an area of 1,004 sq. m. xxx to Modesto Leo appearing in the Affidavit,23 and prayed for:
veras xxx; a) xxx the cancellation of the [petitioner’s documents];
Lot 4 with an area of 7,544 sq. m. xxx to Casimero Valdez xxx; b) the cancellation of TCT No. 195813 in the name of
Lot 5 with an area of 8,689 sq. m. xxx to Virgilia Meneses; Modesto Leoveras and that it be reconveyed to the
Lot 6 with an area of 7,043 sq. m. xxx to Dominga Manangan” [respondent];
(Emphasis supplied.) c) the cancellation and nullification of [TCT No.
195812] covering an area of 3,020 square meters xxx;
_______________ d) [the issuance of] title xxx in the name of [respondent] over
an area of 17,104 square meters of OCT
18 Annex “H.” 24695;24 (Underscoring supplied)
19 Annex “G.” In his defense, the petitioner claimed that the parties already
20 Annex “S.” had (i) delineated their respective portions of the subject property
21 Annex “I.” even before they acquired it in 1969 and (ii) agreed that upon
67 acquisition, each would own the portion as
VOL. 652, JUNE 15, 2011 67
_______________
Leoveras vs. Valdez
On June 21, 1996, the respondent filed a complaint for
22 TSN, September 9, 1996, p. 13.
Annulment of Title, Reconveyance and Damages against the
23 TSN, September 4, 1996, p. 6.
petitioner, seeking the reconveyance of the 1,004square meter
24 Records, pp. 78.
68 weight to Benigna’s death certificate which shows the
68 SUPREME COURT REPORTS ANNOTATED impossibility of Benigna’s execution of the deed in 1969. The CA
Leoveras vs. Valdez also noted the discrepancy between the respondent’s signatures
delineated; that the area he actually possessed and subsequently as appearing in the Affidavit, on one hand, and the
acquired has a total area of 4,024 square meters, which he
subdivided into two portions and caused to be covered by the two _______________
TCTs in question. The petitioner claimed that in signing the
Agreement, he was led to believe, based on the parties’ rough 25 Id., at pp. 7273.
estimation, that the area he actually possessed is only 3,020 26 Id., at pp. 7475.
square meters contrary to the parties’ real intention—i.e., the 69
extent of their ownership would be based on their actual VOL. 652, JUNE 15, 2011 69
possession.25 Leoveras vs. Valdez
The petitioner further claimed that the respondent voluntarily documents on record, on the other. 27 The CA added that the
participated in executing the Affidavit, which corrected the respondent’s failure to compare his genuine signature from his
mistake in the previously executed Agreement 26 and confirmed purported signatures appearing in the petitioner’s documents is
the petitioner’s ownership over the disputed property. The not fatal, since Section 22, Rule 132 of the Rules of Court allows
petitioner asked for the dismissal of the complaint and for a the court to make its own comparison. In light of its observations,
declaration that he is the lawful owner of the parcels of land the CA ruled:
covered by his titles. “As the totality of the evidence presented sufficiently sustains
[the respondent’s] claim that the titles issued to [the petitioner]
Rtc Ruling were based on forged and spurious documents, it behooves this
Court to annul these certificates of title.
The RTC dismissed the complaint. The court ruled that the WHEREFORE, the assailed Decision dated June 23, 2000 is
respondent failed to preponderantly prove that the Benigna Deed SET ASIDE. Declaring TCT No. 195812 and TCT No. 195813 as
and the Affidavit are fabricated and, consequently, no ground NULL and VOID, [the petitioner] is hereby directed to
exists to nullify the petitioner’s titles. The court observed that the reconvey the subject parcels of land to
respondent did not even compare his genuine signature with the [the respondent].”28 (Emphasis added.)
signatures appearing in these documents. Unwilling to accept the CA’s reversal of the RTC ruling, the
petitioner filed the present appeal by certiorari, claiming that the
CA Ruling
CA committed “gross misappreciation of the facts” 29 by going
beyond what the respondent sought in his complaint.
On appeal, the CA reversed the RTC by ruling against the
authenticity of the Benigna Deed and the Affidavit. The CA gave
The Petition The respondent claims that since the petitioner himself
admitted using a spurious document in obtaining his titles (as
The petitioner claims that the CA should not have ordered the alleged in the complaint and as found by the CA), then the CA
reconveyance of both parcels of land covered by the TCTs in correctly cancelled the latter’s titles.30
question since the respondent only seeks the reconveyance of the The petitioner forged the respondent’s signature in the
disputed property—i.e., the parcel of land covered by TCT No. Affidavit to make it appear that he agreed to the division
195813. indicated in the document. The respondent defended the CA’s
reconveyance of both parcels of land, covered by the petitioner’s
_______________ titles, to the respondent by arguing that if the distribution in the
Affidavit is followed, the “original intendment” of the parties on
27 These documents are: the Agreement, executed in 1994, the their shares of the subject property would be “grievously
respondent’s Affidavit of Adverse Claim over the portion sold to impaired”31
him by the heirs of Alejandra, executed in 1977, and the
Verification and Certification against NonForum Shopping The Issues
attached to the Complaint.
28 Rollo, pp. 4950. The two basic issues32 for our resolution are:
1. Whether the CA erred in nullifying the petitioner’s titles.
29 Id., at p. 30.
70
_______________
70 SUPREME COURT REPORTS ANNOTATED
Leoveras vs. Valdez 30 Id., at pp. 122123.
The petitioner asserts that after the subject sale, the parties
31 Id., at p. 124.
physically partitioned the subject property and possessed their
32 Id., at p. 122; the respondent’s Comment.
respective portions, thereby setting the limits of their ownership.
71
The petitioner admits that the Benigna Deed is “fabricated”
but hastens to add that it was only designed (i) to affirm the “true VOL. 652, JUNE 15, 2011 71
intent and agreement” of the parties on the extent of their Leoveras vs. Valdez
ownership, as shown by their actual physical possession, and (ii) 2. Whether the CA erred in ordering the reconveyance of the
as a “convenient tool” to facilitate the transfer of title to his name. parcel of land covered by the petitioner’s titles.
The Respondent’s Comment The Ruling
We partially grant the petition.
An action for reconveyance is a legal and equitable remedy SEC. 9. Evidence of written agreements.—When
granted to the rightful landowner, whose land was wrongfully or the terms of an agreement have been reduced to writing, it
erroneously registered in the name of another, to compel the is
registered owner to transfer or reconvey the land to him. 33 The 72
plaintiff in this action must allege and prove his ownership of the 72 SUPREME COURT REPORTS ANNOTATED
land in dispute and the defendant’s erroneous, fraudulent or Leoveras vs. Valdez
wrongful registration of the property. are reduced to writing, the written agreement is deemed to
We rule that the respondent adequately proved his ownership contain all the terms agreed upon and no evidence of these terms
of the disputed property by virtue of the (i) Deed of Absolute Sale can be admitted other than what is contained in the written
executed by Josefa in favor of the parties; (ii) the parties’ Affidavit agreement.36 Whatever is not found in the writing is understood
of Adverse Claim; and (iii) the parties’ Agreement, which cover to have been waived and abandoned.37
the subject property. To avoid the operation of the parol evidence rule, the Rules of
The petitioner does not dispute the due execution and the Court allows a party to present evidence modifying, explaining or
authenticity of these documents,34 particularly the Agreement. adding to the terms of the written agreement if he puts in issue in
However, he claims that since the Agreement does not reflect the his pleading, as in this case, the failure of the written agreement
true intention of the parties, the Affidavit was subsequently to express the true intent and agreement of the parties. The
executed in order to reflect the parties’ true intention. failure of the written agreement to express the true intention of
The petitioner’s argument calls to fore the application of the the parties is either by reason of mistake, fraud, inequitable
parol evidence rule,35 i.e., when the terms of an agreement conduct or accident, which nevertheless did not prevent a meeting
of the minds of the parties.38
_______________
_______________
33 Esconde v. Barlongay, No. L67583, July 31, 1987, 152
SCRA 603. considered as containing all the terms agreed upon and there can
34 In Permanent Savings and Loan Bank v. Velarde (G.R. No. be, between the parties and their successors in interest, no
140608, September 23, 2004, 439 SCRA 1), the Court ruled that evidence of such terms other than the contents of the written
the allegation that the written agreement does not express the agreement.
true intention of the parties does not carry with it the specific
denial of the genuineness and due execution of the written However, a party may present evidence to modify, explain or
instrument. add to the terms of the written agreement if he puts in issue in
35 Section 9, Rule 130 of the Rules of Court reads: his pleading:
(a) An intrinsic ambiguity, mistake or imperfection in
the written agreement;
(b) The failure of the written agreement to express the the Affidavit, placed in serious doubt the reliability of this
true intent and agreement of the parties thereto; document, supposedly the bedrock of the petitioner’s defense.
(c) The validity of the written agreement; or Curiously, if the parties truly intended to include in the
(d) The existence of other terms agreed to by the petitioner’s share the disputed property, the petitioner obviously
parties or their successors in interest after the execution of need not go at length of fabricating a deed of sale to support his
the written agreement. application for the transfer of title of his rightful portion of the
The term “agreement” includes wills. subject property. Notably, there is nothing in the Affidavit (that
36 Ortañez v. Court of Appeals, G.R. No. 107372, January 23, supposedly corrected the mistake in the earlier Agreement) that
1997, 266 SCRA 561. supports the petitioner’s claim that the partition of the subject
37 Heirs of Carmen CruzZamora v. Multiwood International, property is based on the parties’ actual possession.
Note that the RTC dismissed the complaint based on the
Inc., G.R. No. 146428, January 19, 2009, 576 SCRA 137.
respondent’s alleged failure to prove the spuriousness of the
38 Article 1359 of the Civil Code of the Philippines reads:
When, there having been a meeting of the minds of the parties
_______________
to a contract, their true intention is not expressed in
73 the instrument purporting to embody the agreement, by
VOL. 652, JUNE 15, 2011 73 reason of mistake, fraud, inequitable conduct or accident, one of
Leoveras vs. Valdez the parties may ask for the reformation of the instrument to the
At the trial, the petitioner attempted to prove, by parol end that such true intention may be expressed.
evidence, the alleged true intention of the parties by presenting If mistake, fraud, inequitable conduct, or accident has
the Affidavit, which allegedly corrected the mistake in the prevented a meeting of the minds of the parties, the proper
previously executed Agreement and confirmed his ownership of remedy is not reformation of the instrument but annulment of the
the parcels of land covered by his titles. It was the petitioner’s contract.
staunch assertion that the respondent coexecuted this Affidavit 74
supposedly to reflect the parties’ true intention. 74 SUPREME COURT REPORTS ANNOTATED
In the present petition, however, the petitioner made a Leoveras vs. Valdez
damaging admission that the Benigna Deed is fabricated, documents submitted by the petitioner to the Register of Deeds.
thereby completely bolstering the respondent’s cause of action for However, by admitting the presentation of a false deed in
reconveyance of the disputed property on the ground of securing his title, the petitioner rendered moot the issue of
fraudulent registration of title. Since the Affidavit merely reflects authenticity of the Benigna Deed and relieved the respondent of
what is embodied in the Benigna Deed, the petitioner’s admission, the burden of proving its falsity as a ground to nullify the
coupled with the respondent’s denial of his purported signature in petitioner’s titles.
By fraudulently causing the transfer of the registration of title 75
over the disputed property in his name, the petitioner holds the VOL. 652, JUNE 15, 2011 75
title to this disputed property in trust for the benefit of the Leoveras vs. Valdez
respondent as the true owner; 39registration does not vest title but Q: How many square meters did you get from the land and how
merely confirms or records title already existing and vested. The many square meters was the share of [respondent]?
Torrens system of registration cannot be used to protect a usurper A: 4[0]20 square meters and my brotherinlaw 6,000 plus
from the true owner, nor can it be used as a shield for the square meters.
commission of fraud, or to permit one to enrich oneself at the xxx
expense of others.40 Hence, the CA correctly ordered the Q: Was there a boundary between the 4,020 square meters and
reconveyance of the disputed property, covered by TCT No. the rest of the property which (sic) designated by your
195813, to the respondent. brotherinlaw?
The parties’ Agreement effectively A: There is sir, and the boundary is the fence.
partitioned the subject property Q: When did you put up that fence which is the boundary?
The petitioner also relies on his alleged actual possession of A: After the deed of sale was made.
the disputed property to support his claim of ownership. Notably, Q: And that boundary fence which you put according to you
both parties make conflicting assertions of possession of the since the execution of the Deed of Absolute Sale in 1969 up
disputed property.41 The petitioner testified on his possession as to the present does it still exist?
follows: A: Yes, sir.
Q: Since the time you purchased the property according to you
_______________ you already divided the property, is that correct?
A: Yes, sir.
39 Article 1456 of the Civil Code reads: Q: And that as of today who is in possession of that 4,020
If property is acquired through mistake or fraud, the square meters?
person obtaining it is, by force of law, considered a trustee A: I, sir.42
of an implied trust for the benefit of the person from whom The petitioner and the respondent were originally coowners of
the property comes. the subject property when they jointly bought it from the same
40 Lopez v. Lopez, G.R. No. 161925, November 25, 2009, 605 vendor in 1969. However, the parties immediately terminated
SCRA 358. this state of indivision by executing an Agreement, which is in the
41 The respondent testified that he has been in possession of nature of a partition agreement.
“the land in litigation” since 1969. (TSN, September 9, 1996, p. 2.) The Civil Code of the Philippines defines partition as the
On the other hand, the petitioner testified that he has been in separation, division and assignment of a thing held in common
possession of the “4,020 square meters.” (TSN, June 19, 1997, pp. among those to whom it may belong.43 Partition is the division
34.)
between two or more persons of real or personal property, owned nonpossession does not negate ownership, neither does
in common, by setting apart their respective interests so that they possession automatically prove own
may enjoy and possess these in sever
_______________
_______________
44 Arturo M. Tolentino, 2 Commentaries and Jurisprudence
42 TSN, June 19, 1997, pp. 34. on the Civil Code of the Philippines, p. 210.
43 Article 1079. 45 Article 494 of the Civil Code reads:
76 No coowner shall be obliged to remain in the coownership.
76 SUPREME COURT REPORTS ANNOTATED Each coowner may demand at any time the partition of the thing
Leoveras vs. Valdez owned in common, insofar as his share is concerned.
alty,44 resulting in the partial or total extinguishment of co 46 Supra note 11; Annex “O.”
ownership.45 47 De la Cruz v. Cruz, No. L27759, April 17, 1970, 32 SCRA
In the present case, the parties agreed to divide the subject 307.
property by giving the petitioner the 3,020 square meters 77
“residential portion on the northern part near the Municipal VOL. 652, JUNE 15, 2011 77
road.”46 There is no dispute that this 3,020square meter portion
Leoveras vs. Valdez
is the same parcel of land identified as Lot No. 2 (which is not the
ership,48 especially in the face of an unambiguous document
subject of the respondent’s action for reconveyance) in the executed by the parties themselves.
Affidavit and the Subdivision Plan presented by the petitioner Contrary to the petitioner’s claim that his actual possession
before the Register of Deeds. The fact that the Agreement lacks determines the extent of his ownership, it is the
technical description of the parties’ respective portions or that the parties’ Agreement that defines the extent of their ownership in
subject property was then still embraced by a single certificate of
the subject property. One of the legal effects of partition, whether
title could not legally prevent a partition, where the different
by agreement among the coowners or by judicial proceeding, is to
portions allotted to each were determined and became separately
terminate the coownership and, consequently, to make the
identifiable, as in this case.47
previous coowners the absolute and exclusive owner of the share
What is strikingly significant is that even the petitioner’s own
allotted to him.49
testimony merely attempted to confirm his actual possession of
Parenthetically, the respondent declared for taxation purposes
the disputed property, without, however, supporting his claim—
the portion he claims in December 1987. 50 The total area (7,544
contrary to the written Agreement—that the parties’ ownership of
square meters) of the properties declared is equivalent to the area
the subject property would be coextensive with their possession.
allotted to the respondent under the Agreement. On the other
This is the core of the petitioner’s defense. At any rate, just as
hand, the petitioner declared the 1,004square meter portion only
in September 1994, under Tax Declaration No. 9393, 51 despite his owner, must comply with the statutory provisions on the transfer
claim of exclusive and adverse possession since 1969. of registered title to lands.53 Section 53 of
Nullification of the petitioner’s title over
the 3,020 square meter portion _______________
While the petitioner admitted using a spurious document in
securing his titles, nonetheless, he questions the CA’s 52 Ownership of a piece of land is one thing, and registration
under the Torrens system of that ownership is quite
nullification of TCT No. 195812 on the ground that, per the re
another (Grande v. Court of Appeals, No. L17652, June 30, 1962,
_______________ 5 SCRA 524).
53 Section 51 of Presidential Decree No. (P.D.) 1529 reads:
48 Medina v. Greenfield Development Corporation, G.R. No. Conveyance and other dealings by registered owner. An
140228, November 19, 2004, 443 SCRA 150. owner of registered land may convey, mortgage, lease,
49 Eduardo P. Caguioa, 2 Comments and Cases on Civil Law, charge or otherwise deal with the same in accordance with
1966 ed., p. 151, citing Article 1091 of the Civil Code which reads: existing laws. He may use such forms of deeds, mortgages,
A partition legally made confers upon each heir the exclusive leases or other voluntary instruments as are sufficient in
ownership of the property adjudicated to him. law. xxx
50 In the respondent’s Tax Declaration No. 3131 (Marked as Section 53 of P.D. 1529 reads:
Annex “E”), he declared the following with their corresponding Presentation of owner’s duplicate upon entry of new
area: Residential—750 [square meters]; Unirrig. Rice land— certificate. No voluntary instrument shall be registered
4,794.27 [square meters]; Pasture Land—2000 [square meters]. by the Register of Deeds, unless the owner’s duplicate
51 Records, Annex “6.” certificate is presented with such instrument, except in
78 cases expressly provided for in this Decree or upon order of
78 SUPREME COURT REPORTS ANNOTATED the court, for cause shown.
Leoveras vs. Valdez xxx
spondent’s own admission and the parties’ Agreement, he is the Section 57 of P.D. 1529 reads:
rightful owner of the land covered by this title. Procedure in registration of conveyances. An owner
We disagree. desiring to convey his registered land in fee simple shall
The petitioner’s argument confuses registration of title with execute and register a deed of conveyance in a form
ownership.52 While the petitioner’s ownership over the land sufficient in law. The Register of Deeds shall thereafter
covered by TCT No. 195812 is undisputed, his ownership only make out in the registration book a new certificate of title
gave him the right to apply for the proper transfer of title to the to the grantee and shall prepare and deliver to him an
property in his name. Obviously, the petitioner, even as a rightful owner’s duplicate certificate. The Register of Deeds shall
note upon the original and duplicate certificate the date of CarpioMorales (Chairperson), Bersamin, Villarama,
transfer, the volume and page of the Jr. and Sereno, JJ., concur.
79
Petition partially granted, judgment and resolution modified.
VOL. 652, JUNE 15, 2011 79
Note.—The regime of coownership exists when ownership of
Leoveras vs. Valdez an undivided thing or right belongs to different persons. By the
Presidential Decree No. 1529 provides that the subsequent nature of a coownership, a coowner cannot point to a specific
registration of title procured by the presentation of a forged deed portion of the property owned in common as his own because his
or other instrument is null and void. Thus, the subsequent share therein remains intangible. (Dailisan vs. Court of Appeals,
issuance of TCT No. 195812 gave the petitioner no better right
560 SCRA 351 [2008])
than the tainted registration which was the basis for the issuance
of the same title. The Court simply cannot allow the petitioner’s ——o0o——
attempt to get around the proper procedure for registering the
transfer of title in his name by using spurious documents. © Copyright 2018 Central Book Supply, Inc. All rights
Reconveyance is the remedy of the reserved.
rightful owner only
While the CA correctly nullified the petitioner’s certificates of
title, the CA erred in ordering the reconveyance of
the entire subject property in the respondent’s favor. The
respondent himself admitted that the 3,020square meter portion
covered by TCT No. 195812 is the petitioner’s just share in the
subject property.54 Thus, although the petitioner obtained TCT
No. 195812 using the same spurious documents, the land covered
by this title should not be reconveyed in favor of the respondent G.R. No. 171601. April 8, 2015.*
since he is not the rightful owner of the property covered by
this title.55 SPOUSES BONIFACIO and LUCIA PARAS,
WHEREFORE, the petition is partially GRANTED. The petitioners, vs. KIMWA CONSTRUCTION AND
assailed decision and resolution of the Court of Appeals are DEVELOPMENT CORPORATION, respondent.
MODIFIED. Accordingly, the petitioner is directed to Remedial Law; Evidence; Parol Evidence Rule; Rule 130,
RECONVEY to the respondent the parcel of land covered by TCT Section 9 of the Revised Rules on Evidence provides for the Parol
No. 195813. Costs against petitioner. Evidence Rule, the rule on admissibility of documentary evidence
SO ORDERED.
when the terms of an agreement have been reduced into writing;
Per this rule, reduction to written form, regardless of the
formalities observed, “forbids any addition to, or contradiction of, Same; Same; Same; Two (2) things must be established for
the terms of a written agreement by testimony or other evidence parol evidence to be admitted: first, that the existence of any of
purporting to show that different terms were agreed upon by the the four (4) exceptions has been put in issue in a party’s pleading
parties, varying the purport of the written contract.”—Rule 130, or has not been objected to by the adverse party; and second, that
Section 9 of the Revised Rules on Evidence provides for the Parol the parol evidence sought to be presented serves to form the basis
Evidence Rule, the rule on admissibility of documentary evidence of the conclusion proposed by the presenting party.—Provided that
when the terms of an agreement have been reduced into writing: a party puts in issue in its pleading any of the four (4) items
Section 9. Evidence of written agreements.—When the terms of an enumerated in the second paragraph of Rule 130, Section 9, “a
agreement have been reduced to writing, it is considered as party may present evidence to modify, explain or add to the terms
containing all the terms agreed upon and there can be, between of the agreement[.]” Raising any of these items as an issue in a
the parties and their successorsininterest, no evidence of such pleading such that it falls under the exception is not limited to
terms other than the contents of the written agreement. However, the party initiating an action. In Philippine National Railways v.
a party may present evidence to modify, explain or add to the
Court of First Instance of Albay, 83 SCRA 569 (1978), this court
terms of written agreement if he puts in issue in his pleading: (a)
noted that “if the defendant set up the affirmative defense that
An intrinsic ambiguity, mistake or imperfection in the written
the contract mentioned in the complaint does not express the true
agreement; (b) The failure of the written agreement to express the
agreement of the parties, then parol evidence is admissible to
true intent and agreement of the parties thereto; (c) The validity
prove the true agreement of the parties[.]” Moreover, as with all
of the written agreement; or (d) The existence of other terms
possible objections to the admission of evidence, a party’s failure
agreed to by the parties or their successorsininterest after the
to timely object is deemed a waiver, and parol evidence may then
execution of the written agreement. The term “agreement”
be entertained. Apart from pleading these exceptions, it is equally
includes wills. Per this rule, reduction to written form, regardless
imperative that the parol evidence sought to be introduced points
of the formalities observed, “forbids any addition to, or
to the conclusion proposed by the party presenting it. That is, it
contradiction of, the terms of a written agreement by testimony or
must be relevant, tending to “induce belief in [the] existence” of
other evidence purporting to show that different terms were
the flaw, true intent, or subsequent extraneous terms averred by
agreed upon by the parties, varying the purport of the written
the party seeking to introduce parol evidence. In sum, two (2)
contract.”
things must be established for parol evidence to be admitted: first,
_______________
that the existence of any of the four (4) exceptions has been put in
* SECOND DIVISION. issue in a party’s pleading or has not been objected to by the
242 adverse party; and second, that the parol evidence sought to be
242 SUPREME COURT REPORTS ANNOTATED presented serves to form the basis of the conclusion proposed by
the presenting party.
Paras vs. Kimwa Construction and Development Corporation
Same; Same; Our evidentiary rules impel us to proceed from 2006 of the Court of Appeals Special 20th Division in C.A.G.R.
the position (unless convincingly shown otherwise) that CV No. 74682 be reversed and set aside, and that the Decision 4 of
Branch 55 of the Regional Trial Court, Mandaue City dated May
individuals act as rational human beings, i.e., “[t]hat a person
16, 2001 in Civil Case No. MAN2412 be reinstated.5
takes ordinary care of his concerns.”—Our evidentiary rules impel The trial court’s May 16, 2001 Decision ruled in favor of
us to proceed from the position (unless convincingly shown petitioners Spouses Bonifacio and Lucia Paras (plaintiffs before
otherwise) that individuals act as rational human beings, i.e., the Regional Trial Court) in their action for breach of contract
“[t]hat a person takes ordinary care of his concerns[.]” This basic _______________
evidentiary stance, taken with the supporting evidence
petitioners Spouses Paras adduced, respondent Kimwa’s 1 Rollo, pp. 1128.
awareness of the conditions under which petitioner Lucia Paras
2 Id., at pp. 3239. The Decision was penned by Associate
was bound, and the Agreement’s own text specifying exclusive
Justice Isaias P. Dicdican (Chair) and concurred in by Associate
243
Justices Sesinando E. Villon and Enrico A. Lanzanas.
VOL. 755, APRIL 8, 2015 243
3 Id., at pp. 4748. The Resolution was penned by Associate
Paras vs. Kimwa Construction and Development Corporation Justice Isaias P. Dicdican (Chair) and concurred in by Associate
allotment for respondent Kimwa, supports petitioners Justices Pampio A. Abarintos and Enrico A. Lanzanas.
Spouses Paras’ position that respondent Kimwa was obliged to
4 Id., at pp. 6670.
haul 40,000 cubic meters of aggregates on or before May 15, 1995.
As it admittedly hauled only 10,000 cubic meters, respondent 5 Id., at p. 26.
Kimwa is liable for breach of contract in respect of the remaining 244
30,000 cubic meters. 244 SUPREME COURT REPORTS ANNOTATED
PETITION for review on certiorari of the decision and resolution Paras vs. Kimwa Construction and Development Corporation
of the Court of Appeals. with damages against respondent Kimwa Construction and
The facts are stated in the opinion of the Court. Development Corporation (Kimwa).6
Escasinas Partner & Company for petitioners. The assailed Decision of the Court of Appeals reversed and set
P.B. Flores & Associates for respondent. aside the trial court’s May 16, 2001 Decision and dismissed
Spouses Paras’ Complaint.7 The Court of Appeals’ assailed
Resolution denied Spouses Paras’ Motion for Reconsideration.8
LEONEN, J.:
Lucia Paras (Lucia) was a “concessionaire of a sand and gravel
permit at Kabulihan, Toledo City[.]” 9 Kimwa is a “construction
This resolves the Petition for Review on Certiorari1under Rule firm that sells concrete aggregates to contractors and haulers
45 of the 1997 Rules of Civil Procedure praying that the assailed in . . . Cebu.”10
Decision2 dated July 4, 2005 and Resolution3 dated February 9,
On December 6, 1994, Lucia and Kimwa entered into a KIMWA CONSTRUCTION AND DEVELOPMENT
contract denominated “Agreement for Supply of Aggregates” CORP., a corporation duly organized and existing under the laws
(Agreement) where 40,000 cubic meters of aggregates were of the Philippines with office address at Subangdaku, Mandaue
“allotted”11 by Lucia as supplier to Kimwa. 12 Kimwa was to pick City, hereinafter represented by its President MRS. CORAZON Y.
up the allotted aggregates at Lucia’s permitted area in Toledo LUA, of legal age, Filipino and a resident of Subangdaku,
City13 at P240.00 per truckload.14 Mandaue City[,] hereinafter referred to as the CONTRACTOR;
The entirety of this Agreement reads: W I T N E S S E T H:
AGREEMENT FOR SUPPLY OF AGGREGATES That the SUPPLIER is [sic] Special Permittee of (Rechanelling
Block # VI of Sapang Daco River along Barangay Ilihan) located
KNOW ALL MEN BY THESE PRESENTS:
at Toledo City under the terms and conditions:
This Agreement made and entered into by and between:
1. That the aggregates is [sic] to be picked up by the
LUCIA PARAS, of legal age, Filipino, married and resident of
Poblacion, Toledo City, Province of Cebu, hereinafter referred to CONTRACTOR at the SUPPLIER [sic] permitted area at the rate
as the SUPPLIER: of TWO HUNDRED FORTY (P240.00) PESOS per truck load;
_______________ 2. That the volume allotted by the SUPPLIER to the
CONTRACTOR is limited to 40,000 cu.m.;
6 Id., at p. 70. 3. That the said Aggregates is [sic] for the exclusive use of the
7 Id., at p. 38. Contractor;
8 Id., at p. 48. 4. That the terms of payment is Fifteen (15) days after the
9 Id., at p. 32. receipt of billing;
10 Id. 5. That there is [sic] no modification, amendment, assignment
11 Id., at p. 36. or transfer of this Agreement after acceptance shall be binding
upon the SUPPLIER unless agreed to in writing by and between
12 Id., at p. 33.
the CONTRACTOR and SUPPLIER.
13 Id.
IN WITNESS WHEREOF, we have hereunto affixed our
14 Id., at p. 66. signatures this 6th day of December, 1994 at Mandaue City, Cebu,
Philippines.
246
245 246 SUPREME COURT REPORTS ANNOTATED
VOL. 755, APRIL 8, 2015 245
Paras vs. Kimwa Construction and Development Corporation
Paras vs. Kimwa Construction and Development Corporation LUCIA PARAS (sgd.) CORAZON Y. LUA (sgd.)
a n d Supplier Contractor15
(Emphasis supplied) 23 Id.
24 Id.
Pursuant to the Agreement, Kimwa hauled 10,000 cubic 247
meters of aggregates. Sometime after this, however, Kimwa
VOL. 755, APRIL 8, 2015 247
stopped hauling aggregates.16
Paras vs. Kimwa Construction and Development Corporation
Claiming that in so doing, Kimwa violated the Agreement,
Spouses Paras added that within a few days, Kimwa was able
Lucia, joined by her husband, Bonifacio, filed the Complaint 17 for
to extract and haul 10,000 cubic meters of aggregates. However,
breach of contract with damages that is now subject of this
after extracting and hauling this quantity, Kimwa allegedly
Petition.
transferred to the concession area of a certain Mrs. Remedios dela
In their Complaint, Spouses Paras alleged that sometime in
Torre in violation of their Agreement. They then addressed
December 1994, Lucia was approached by Kimwa expressing its
demand letters to Kimwa. As these went unheeded, Spouses
interest to purchase gravel and sand from her.18 Kimwa allegedly
Paras filed their Complaint.25
asked that it be “assured”19 of 40,000 cubic meters worth of
In its Answer,26 Kimwa alleged that it never committed to
aggregates.20 Lucia countered that her concession area was due to
obtain 40,000 cubic meters of aggregates from Lucia. It argued
be rechanneled on May 15, 1995, when her Special Permit
that the controversial quantity of 40,000 cubic meters represented
expires.21 Thus, she emphasized that she would be willing to enter
only an upper limit or the maximum quantity that it could
into a contract with Kimwa “provided the forty thousand cubic
haul.27 It likewise claimed that it neither made any commitment
meter[s] w[ould] be withdrawn or completely extracted and
to haul 40,000 cubic meters of aggregates before May 15, 1995 nor
hauled before 15 May 1995[.]” 22 Kimwa then assured Lucia that it
represented that the hauling of this quantity could be completed
would take only two to three months for it to completely haul the
in two to three months.28 It denied that the hauling of 10,000
40,000 cubic meters of aggregates. 23Convinced of Kimwa’s
cubic meters of aggregates was completed in a matter of days and
assurances, Lucia and Kimwa entered into the Agreement.24
countered that it took weeks to do so. It also denied transferring
_______________
to the concession area of a certain Mrs. Remedios dela Torre.29
Kimwa asserted that the Agreement articulated the parties’
15 RTC Records, p. 97.
true intent that 40,000 cubic meters was a maximum limit and
16 Rollo, p. 33. that May 15, 1995 was never set as a deadline. Invoking the Parol
17 Id., at pp. 5659. Evidence Rule, it insisted that Spouses Paras were barred from
18 Id., at p. 56. introducing evidence which would show that the parties had
19 Id. agreed differently.30
20 Id., at pp. 5657. On May 16, 2001, the Regional Trial Court rendered the
Decision in favor of Spouses Paras. The trial court noted that the
21 Id., at p. 57.
22 Id.
Agreement stipulated that the allotted aggregates were set aside Hence, this Petition was filed.
exclusively for Kimwa. It reasoned that it was con The issue for resolution is whether respondent Kimwa
_______________ Construction and Development Corporation is liable to petitioners
Spouses Paras for (admittedly) failing to haul 30,000 cubic meters
25 Id. of aggregates from petitioner Lucia Paras’ permitted area by May
26 Id., at pp. 6063. 15, 1995.
To resolve this, it is necessary to determine whether
27 Id., at p. 60.
petitioners Spouses Paras were able to establish that respondent
28 Id., at pp. 6061.
Kimwa was obliged to haul a total of 40,000 cubic meters of
29 Id., at pp. 6162. aggregates on or before May 15, 1995.
30 Id., at pp. 6263. _______________
248
248 SUPREME COURT REPORTS ANNOTATED 31 Id., at p. 70.
Paras vs. Kimwa Construction and Development Corporation 32 Id., at p. 96.
trary to human experience for Kimwa to have entered into an 33 Id., at p. 70.
Agreement with Lucia without verifying the latter’s authority as 34 Id., at pp. 3637.
a concessionaire.31 Considering that the Special Permit32 granted
35 Id., at p. 48.
to Lucia (petitioners’ Exhibit “A” before the trial court) clearly
249
indicated that her authority was good for only six (6) months from
November 14, 1994, the trial court noted that Kimwa must have VOL. 755, APRIL 8, 2015 249
been aware that the 40,000 cubic meters of aggregates allotted to Paras vs. Kimwa Construction and Development Corporation
it must necessarily be hauled by May 15, 1995. As it failed to do We reverse the Decision of the Court of Appeals and reinstate
so, it was liable to Spouses Paras for the total sum of P720,000.00, that of the Regional Trial Court. Respondent Kimwa is liable for
the value of the 30,000 cubic meters of aggregates that Kimwa did failing to haul the remainder of the quantity which it was obliged
not haul, in addition to attorney’s fees and costs of suit.33 to acquire from petitioner Lucia Paras.
On appeal, the Court of Appeals reversed the Regional Trial
Court’s Decision. It faulted the trial court for basing its findings I
on evidence presented which were supposedly in violation of the
Parol Evidence Rule. It noted that the Agreement was clear that Rule 130, Section 9 of the Revised Rules on Evidence provides
Kimwa was under no obligation to haul 40,000 cubic meters of for the Parol Evidence Rule, the rule on admissibility of
aggregates by May 15, 1995.34 documentary evidence when the terms of an agreement have been
In a subsequent Resolution, the Court of Appeals denied reduced into writing:
reconsideration to Spouses Paras.35
Section 9. Evidence of written agreements.—When the terms their agreement into writing, they are deemed to have done so
of an agreement have been reduced to writing, it is considered as meticulously and carefully, employing specific — frequently, even
containing all the terms agreed upon and there can be, between technical — language as are appropriate to their context. From an
the parties and their successorsininterest, no evidence of such evidentiary standpoint, this is also because “oral testimony . . .
terms other than the contents of the written agreement. coming from a party who has an interest in the outcome of the
However, a party may present evidence to modify, explain or case, depending exclusively on human memory, is not as reliable
add to the terms of written agreement if he puts in issue in his as written or documentary evidence. Spoken words could be
pleading: notoriously unreliable unlike a written contract which speaks of a
(a) An intrinsic ambiguity, mistake or imperfection in the uniform language.”38 As illustrated in Abella v. Court of Appeals:39
written agreement; Without any doubt, oral testimony as to a certain fact,
(b) The failure of the written agreement to express the true depending as it does exclusively on human memory, is not as
intent and agreement of the parties thereto; reliable as written or documentary evidence. “I would sooner trust
(c) The validity of the written agreement; or the smallest slip of paper for truth,” said Judge Limpkin of
(d) The existence of other terms agreed to by the parties or Georgia, “than the strongest and most retentive memory ever
their successorsininterest after the execution of the written bestowed on mortal man.” This is especially true in this case
agreement. where such oral testimony is given by . . . a party to the case who
The term “agreement” includes wills. has an interest in its outcome, and by . . . a witness who claimed
to have received a commission from the petitioner. 40
Per this rule, reduction to written form, regardless of the _______________
formalities observed,36 “forbids any addition to, or contradict
_______________ 38 Ortañez v. Court of Appeals, 334 Phil. 514, 518; 266 SCRA
561, 565 (1997) [Per J. Francisco, Third Division].
36 See Inciong, Jr. v. Court of Appeals, 327 Phil. 364, 371; 256 39 327 Phil. 270; 257 SCRA 482 (1996) [Per J. Francisco,
SCRA 578, 585 (1996) [Per J. Romero, Second Division]. Third Division].
250 37 Seaoil Petroleum Corporation v. Autocorp Group, 590 Phil.
250 SUPREME COURT REPORTS ANNOTATED 410, 418; 569 SCRA 387, 395 (2008) [Per J. Nachura, Third
Paras vs. Kimwa Construction and Development Corporation Division], citing Edrada v. Ramos, 505 Phil. 672, 677678; 468
tion of, the terms of a written agreement by testimony or other
SCRA 597, 604 (2005) [Per J. Tinga, Second Division].
evidence purporting to show that different terms were agreed
upon by the parties, varying the purport of the written contract.” 37 40 Id., at p. 276; p. 487, citing De Leon v. Court of Appeals,
This rule is animated by a perceived wisdom in deferring to 205 SCRA 612, 622623 (1992) [Per J. Cruz, First Division]
the contracting parties’ articulated intent. In choosing to reduce and Miller v. Cotten, 5 Ga. 341, 349.
251 247 U.S. 385, Heirs of De la Rama v. TalisaySilay Milling Co., 54
VOL. 755, APRIL 8, 2015 251 Phil. 580, 588 (1930) [Per J.Romualdez, En Banc], and Land
Paras vs. Kimwa Construction and Development Corporation Settlement and Development Corporation v. Garcia Plantation
This, however, is merely a general rule. Provided that a party Co., Inc., 117 Phil. 761, 765; 7 SCRA 750, 752 (1963)
puts in issue in its pleading any of the four (4) items enumerated
[Per J. Paredes, En Banc].
in the second paragraph of Rule 130, Section 9, “a party may
present evidence to modify, explain or add to the terms of the 44 Rev. Rules on Evid., Rule 128, Secs. 3 and 4 provide:
agreement[.]”41 Raising any of these items as an issue in a Section 3. Admissibility of evidence.—Evidence is admissible
pleading such that it falls under the exception is not limited to when it is relevant to the issue and is not excluded by the law of
the party initiating an action. In Philippine National Railways v. these rules.
Court of First Instance of Albay,42 this court noted that “if the Section 4. Relevancy; collateral matters.—Evidence must
defendant set up the affirmative defense that the contract have such a relation to the fact in issue as to induce belief in its
mentioned in the complaint does not express the true agreement existence or nonexistence. Evidence on collateral matters shall
of the parties, then parol evidence is admissible to prove the true not be allowed,
agreement of the parties[.]”43 Moreover, as with all possible 252
objections to the admission of evidence, a party’s failure to timely 252 SUPREME COURT REPORTS ANNOTATED
object is deemed a waiver, and parol evidence may then be Paras vs. Kimwa Construction and Development Corporation
entertained. of the flaw, true intent, or subsequent extraneous terms
Apart from pleading these exceptions, it is equally imperative averred by the party seeking to introduce parol evidence.
that the parol evidence sought to be introduced points to the In sum, two (2) things must be established for parol evidence
conclusion proposed by the party presenting it. That is, it must be to be admitted: first, that the existence of any of the four (4)
relevant, tending to “induce belief in [the] existence”44 exceptions has been put in issue in a party’s pleading or has not
_______________ been objected to by the adverse party; and second, that the parol
evidence sought to be presented serves to form the basis of the
41 ACI Philippines, Inc. v. Coquia, 580 Phil. 275, 284; 558 conclusion proposed by the presenting party.
SCRA 300, 310 (2008) [Per J. Tinga, Second Division].
42 173 Phil. 5; 83 SCRA 569 (1978) [Per J. Aquino, Second II
Division].
43 Id., at p. 11; p. 576, citing Enriquez v. Ramos, 116 Phil. Here, the Court of Appeals found fault in the Regional Trial
525, 531; 6 SCRA 219, 220221 (1962) [Per J. Bautista Angelo, En Court for basing its findings “on the basis of evidence presented in
Banc], Philippine Sugar E. D. Co. v. Philippines, 62 L. Ed. 1177, violation of the parol evidence rule.” 45 It proceeded to fault
petitioners Spouses Paras for showing “no proof . . . of [respondent
Kimwa’s] obligation.”46 Then, it stated that “[t]he stipulations in to petitioners Spouses Paras’ pleading of these issues. This is,
the agreement between the parties leave no room for thus, an exceptional case allowing admission of parol evidence.
interpretation.”47 Paragraphs 6 to 10 of petitioners’ Complaint read:
The Court of Appeals is in serious error. 6. Sensing that the buyerscontractors and haulers alike could
At the onset, two (2) flaws in the the Court of Appeals’ easily consumed [sic] the deposits defendant proposed to the
reasoning must be emphasized. First, it is inconsistent to say, on plaintiffwife that it be assured of a forty thousand (40,000) cubic
one hand, that the trial court erred on the basis of “evidence meter [sic];
presented”48 (albeit supposedly in violation of the Parol Evidence 7. Plaintiff countered that the area is scheduled to be
Rule), and, on the other, that petitioners Spouses Paras showed rechanneled on 15 May 1995 and by that time she will be
“no proof.”49 Second, without even accounting for the exceptions prohibited to sell the aggregates;
provided by Rule 130, Section 9, the Court of Appeals 8. She further told the defendant that she would be willing to
immediately concluded that whatever evidence petitioners enter into a contract provided the forty thousand cubic meter [sic]
Spouses Paras presented was in violation of the Parol Evidence will be withdrawn or completely extracted and hauled before 15
Rule. May 1995, the scheduled rechanneling;
_______________ 9. Defendant assured her that it will take them only two to
three months to haul completely the desired volume as defendant
except when it tends in any reasonable degree to establish the has all the trucks needed;
probability or improbability of the fact in issue. 10. Convinced of the assurances, plaintiffwife and the
45 Rollo, p. 36. defendant entered into a contract for the supply of the aggregates
46 Id., at p. 37. sometime on 6 December 1994 or thereabouts, at a cost of Two
47 Id. Hundred Forty (P240.00) Pesos per truckload[.]50
48 Id., at p. 36.
It is true that petitioners Spouses Paras’ Complaint does not
49 Id., at p. 37.
specifically state words and phrases such as “mistake,”
253
“imperfection,” or “failure to express the true intent of the
VOL. 755, APRIL 8, 2015 253 parties.” Nevertheless, it is evident that the crux of petition
Paras vs. Kimwa Construction and Development Corporation _______________
Contrary to the Court of Appeal’s conclusion, petitioners
Spouses Paras pleaded in the Complaint they filed before the trial 50 Id., at pp. 5657.
court a mistake or imperfection in the Agreement, as well as the 254
Agreement’s failure to express the true intent of the parties. 254 SUPREME COURT REPORTS ANNOTATED
Further, respondent Kimwa, through its Answer, also responded
Paras vs. Kimwa Construction and Development Corporation
ers Spouses Paras’ Complaint is their assertion that the VOL. 755, APRIL 8, 2015 255
Agreement “entered into . . . on 6 December 1994 or Paras vs. Kimwa Construction and Development Corporation
thereabouts”51 was founded on the parties’ supposed 4. The allegation in paragraph nine of the complaint is hereby
understanding that the quantity of aggregates allotted in favor of denied. The defendant never made any assurance to the plaintiff
respondent Kimwa must be hauled by May 15, 1995, lest such wife that it will take only two to three months to haul the
hauling be rendered impossible by the rechanneling of petitioner aforesaid volume of aggregates. Likewise, the contract is silent on
Lucia Paras’ permitted area. This assertion is the very foundation this aspect for in fact there is no definite time frame agreed upon
of petitioners’ having come to court for relief. by the parties within which defendant is to quarry and haul
Proof of how petitioners Spouses Paras successfully pleaded aggregates from the concession of the plaintiffs.
and put this in issue in their Complaint is how respondent 5. The allegation in paragraph ten of the complaint is
Kimwa felt it necessary to respond to it or address it in its admitted insofar as the execution of the contract is concerned.
Answer. Paragraphs 2 to 5 of respondent Kimwa’s Answer read: However, the contract was executed, not by reason of the alleged
2. The allegation in paragraph six of the complaint is admitted assurances of the defendant to the plaintiffs, as claimed by the
subject to the qualification that when defendant offered to buy latter, but because of the intent and willingness of the plaintiffs
aggregates from the concession of the plaintiffs, it simply asked to supply and sell aggregates to it. It was upon the instance of the
the plaintiffconcessionaire if she could sell a sufficient supply of plaintiff that the defendant sign the subject contract to express in
aggregates to be used in defendant’s construction business and writing their agreement that the latter would haul aggregates
plaintiffconcessionaire agreed to sell to the defendant aggregates from plaintiffs’ concession up to such point in time that the
from her concession up to a limit of 40,000 cubic meters at the maximum limit of 40,000 cubic meters would be quarried and
price of P240.00 per cubic meter. hauled without a definite deadline being set. Moreover, the
3. The allegations in paragraphs seven and eight of the contract does not obligate the defendant to consume the allotted
complaint are vehemently denied by the defendant. The contract volume of 40,000 cubic meters.52
which was entered into by the plaintiffs and the defendant
provides only that the former supply the latter the volume of Considering how the Agreement’s mistake, imperfection, or
40,000.00 cubic meters of aggregates. There is no truth to the supposed failure to express the parties’ true intent was
allegation that the plaintiffwife entered into the contract under successfully put in issue in petitioners Spouses Paras’ Complaint
the condition that the aggregates must be quarried and hauled by (and even responded to by respondent Kimwa in its Answer), this
defendant completely before May 15, 1995, otherwise this would case falls under the exceptions provided by Rule 130, Section 9 of
have been unequivocally stipulated in the contract. the Revised Rules on Evidence. Accordingly, the testimonial and
_______________ documentary parol evidence sought to be introduced by
petitioners Spouses Paras, which attest to these supposed flaws
51 Id., at p. 57. and what they aver to have been the parties’ true intent, may be
255 admitted and considered.
_______________ To All Whom It May Concern:
PERMISSION is hereby granted to:
52 Id., at pp. 6061. Name Address
256 LUCIA PARAS Poblacion, Toledo City
256 SUPREME COURT REPORTS ANNOTATED _______________
Paras vs. Kimwa Construction and Development Corporation
III 53 Id., at p. 64.
54 RTC Records, pp. 93 and 96.
Of course, this admission and availability for consideration is 55 Id., at p. 93.
no guarantee of how exactly the parol evidence adduced shall be 257
appreciated by a court. That is, they do not guarantee the VOL. 755, APRIL 8, 2015 257
probative value, if any, that shall be attached to them. In any Paras vs. Kimwa Construction and Development Corporation
case, we find that petitioners have established that respondent to undertake the rechannelling of Block No. VI of Sapang Daco
Kimwa was obliged to haul 40,000 cubic meters of aggregates on River along Barangay Ilihan, Toledo City, subject to following
or before May 15, 1995. Considering its admission that it did not terms and conditions:
haul 30,000 cubic meters of aggregates, respondent Kimwa is 1. That the volume to be extracted from the area is
liable to petitioners. approximately 40,000 cubic meters;
The PreTrial Order issued by the Regional Trial Court in . . . .
Civil Case No. MAN2412 attests to respondent Kimwa’s This permit which is valid for six (6) months from the date
admission that: hereof is revocable anytime upon violation of any of the foregoing
6) Prior to or during the execution of the contract[,] the conditions or in the interest of public peace and order.
Plaintiffs furnished the Defendant all the documents and Cebu Capitol, Cebu City, November 14, 1994.56
requisite papers in connection with the contract, one of which was
a copy of the Plaintiff’s [sic] special permit indicating that the Having been admittedly furnished a copy of this Special
Plaintiff’s [sic] authority was only good for (6) months from Permit, respondent Kimwa was well aware that a total of only
November 14, 1994.53 about 40,000 cubic meters of aggregates may be extracted by
petitioner Lucia from the permitted area, and that petitioner
This Special Permit was, in turn, introduced by petitioners in Lucia Paras’ operations cannot extend beyond May 15, 1995,
evidence as their Exhibit “A,”54 with its date of issuance and when the Special Permit expires.
effectivity being specifically identified as their Exhibit “A The Special Permit’s condition that a total of only about
1.”55 Relevant portions of this Special Permit read: 40,000 cubic meters of aggregates may be extracted by petitioner
Lucia Paras from the permitted area lends credence to the
position that the aggregates “allotted” to respondent Kimwa was beyond May 15, 1995 would make her guilty of misrepresentation,
in consideration of its corresponding commitment to haul all and any prospective income for her would be rendered illusory.
40,000 cubic meters. This is so, especially in light of the Our evidentiary rules impel us to proceed from the position
Agreement’s own statement that “the said Aggregates is for the (unless convincingly shown otherwise) that individuals act as
exclusive use of [respondent Kimwa.]”57 By allotting the entire rational human beings, i.e., “[t]hat a person takes ordinary care of
40,000 cubic meters, petitioner Lucia Paras bound her entire his concerns[.]”58 This basic evidentiary stance, taken with the
business to respondent Kimwa. Rational human behavior dictates supporting evidence petitioners Spouses Paras adduced,
that she must have done so with the corresponding assurances respondent Kimwa’s awareness of the conditions under which
from it. It would have been irrational, if not ridiculous, of her to petitioner Lucia Paras was bound, and the Agreement’s own text
oblige herself to make this allotment specifying exclusive allotment for respondent Kimwa, supports
_______________ petitioners Spouses Paras’ position that respondent Kimwa was
obliged to haul 40,000 cubic meters of aggregates on or before
56 Id., at p. 96. May 15, 1995. As it admittedly hauled only 10,000 cubic meters,
57 Id., at p. 97. respondent Kimwa is liable for breach of contract in respect of the
258 remaining 30,000 cubic meters.
258 SUPREME COURT REPORTS ANNOTATED WHEREFORE, the Petition is GRANTED. The assailed
Paras vs. Kimwa Construction and Development Corporation Decision dated July 4, 2005 and Resolution dated February 9,
without respondent Kimwa’s concomitant undertaking that it 2006 of the Court of Appeals Special 20thDivision in C.A.G.R. CV
would obtain the entire amount allotted. No. 74682 are REVERSED and SET ASIDE. The Deci
Likewise, the condition that the Special Permit shall be valid _______________
for only six (6) months from November 14, 1994 lends credence to
petitioners Spouses Paras’ assertion that, in entering into the 58 Rev. Rules on Evid., Rule 131, Sec. 3(d).
Agreement with respondent Kimwa, petitioner Lucia Paras did so 259
because of respondent Kimwa’s promise that hauling can be VOL. 755, APRIL 8, 2015 259
completed by May 15, 1995. Bound as she was by the Special Paras vs. Kimwa Construction and Development Corporation
Permit, petitioner Lucia Paras needed to make it eminently clear sion of Branch 55 of the Regional Trial Court, Mandaue City
to any party she was transacting with that she could supply dated May 16, 2001 in Civil Case No. MAN2412
aggregates only up to May 15, 1995 and that the other party’s is REINSTATED.
hauling must be completed by May 15, 1995. She was merely A legal interest of 6% per annum shall likewise be imposed on
acting with due diligence, for otherwise, any contract she would the total judgment award from the finality of this Decision until
enter into would be negated; any commitment she would make full satisfaction.
SO ORDERED.
Carpio (Chairperson), Brion, Del Castillo and Mendoza, JJ.,
concur.
Petition granted, judgment and resolution reversed and set
aside.
Notes.—To avoid the operation of the parol evidence rule, the
Rules of Court allows a party to present evidence modifying,
explaining or adding to the terms of the written agreement if he
puts in issue in his pleading the failure of the written agreement
to express the true intent and agreement of the parties. (Leoveras
vs. Valdez, 652 SCRA61 [2011])
Unsubstantiated testimony, offered as proof of verbal
agreements which tend to vary the terms of the written
agreement, is inadmissible under the rule. (Saraza vs. Francisco,
711 SCRA 95 [2013])
——o0o——
© Copyright 2018 Central Book Supply, Inc. All rights
reserved.
G.R. No. 205590. September 2, 2015.*
PHILIPPINE NATIONAL BANK, petitioner, vs. LIGAYA M.
PASIMIO, respondent.
Remedial Law; Civil Procedure; Courts; Court of Appeals; or mixed questions of fact and law. Thus, in insisting that it is not
Section 9 of Batas Pambansa (BP) Blg. 129, otherwise known as a trier of facts and implying that it had no choice but to adopt the
RTC’s factual findings, the CA shirked from its function as an
the Judiciary Reorganization Act of 1980, categorically states that
appellate court to independently evaluate the merits of this case.
the Court of Appeals (CA) has, inter alia, the power to try cases, To accept the CA’s aberrant stance is to trivialize its review
receive function, but, perhaps worse, render useless one of the reasons for
_______________ its institution.
Same; Evidence; Preponderance of Evidence; Words and
* THIRD DIVISION.
Phrases; “Preponderance of evidence” is the weight, credit, and
value of the aggregate evidence on either side and is usually
71 considered to be synonymous with the term “greater weight of
VOL. 769, SEPTEMBER 2, 2015 71 evidence” or “greater weight of credible evidence.”—It is settled
Philippine National Bank vs. Pasimio that the burden of proof lies with the party who asserts a right
evidence and perform any and all acts necessary to resolve and the quantum of evidence required by law in civil cases is
preponderance of evidence. “Preponderance of evidence” is the
factual issues raised in cases falling within its original and
weight, credit, and value of the aggregate evidence on either side
appellate jurisdiction.—Before proceeding to the main issue of and is usually considered to be synonymous with the term
this case, there is a need to clarify the assailed decision’s “greater weight of evidence” or “greater weight of credible
perplexing but flawed pronouncement that the CA, not being a evidence.”
trier of facts, is without competence to review the factual
Same; Same; Just as settled is the rule that the plaintiff in
determination of the RTC. Section 9 of Batas Pambansa Blg. (BP)
civil cases must rely on strength of his or her own evidence and
129, otherwise known as theJudiciary Reorganization Act of 1980,
not upon the weakness of that of the defendant.—Just as settled is
categorically states that the CA has, inter alia, the power to try the rule that the plaintiff in civil cases must rely on strength of
cases, receive evidence and perform any and all acts necessary to his or her
resolve factual issues raised in cases falling within its original
and appellate jurisdiction.
Same; Same; Same; Same; The parties in Rule 41 appeal 72
proceedings may raise questions of fact or mixed questions of fact 72 SUPREME COURT REPORTS ANNOTATED
and law.—The CA’s regrettable cavalier treatment of PNB’s Philippine National Bank vs. Pasimio
appeal is inconsistent with Rule 41 of the Rules of Court and with own evidence and not upon the weakness of that of the
the usual course of judicial proceedings. Be reminded that the defendant. In the case at bench, this means that on Pasimio rests
parties in Rule 41 appeal proceedings may raise questions of fact
the burden of proof and the onus to produce the required a promissory note is the best evidence of the transaction
quantum of evidence to support her cause/s of action. embodied therein; also, to prove the existence of the loan, there is
Same; Same; Clear and Convincing Evidence; The no need to submit a separate receipt to prove that the borrower
received the loan proceeds. Indeed, a promissory note represents
employment of fraud, duress, or undue influence is a serious
a solemn acknowledgment of a debt and a formal commitment to
charge, and to be sustained it must be supported by clear and repay it on the date and under the conditions agreed upon by the
convincing proof; it cannot be presumed.—The employment of borrower and the lender. As has been held, a person who signs
fraud, duress, or undue influence is a serious charge, and to be such an instrument is bound to honor it as a le
sustained it must be supported by clear and convincing proof; it
cannot be presumed.There is no allegation or evidence that
Gregorio and Miranda influenced Pasimio by employing means 73
she could not well resist, and which controlled her volition and VOL. 769, SEPTEMBER 2, 2015 73
induced her to sign the loan documents and the April 10, 2003
Philippine National Bank vs. Pasimio
Affidavit, which otherwise she would not have executed. Also,
gitimate obligation duly assumed by him through the
there was no evidence showing that Gregorio and Miranda’s
signature he affixes thereto as a token of his good faith. If he
influence interfered with Pasimio’s exercise of independent
reneges on his promise without cause, he forfeits the sympathy
discretion necessary to determine the advantage or disadvantage
and assistance of this Court and deserves instead its sharp
of signing these documents.
repudiation.
Same; Same; Disputable Presumptions; Rule 131, Sec. 3 of
Remedial Law; Evidence; Notarized Documents; Settled is
the Rules of Court specifies that a disputable presumption is
the rule that a defective notarization will strip the document of its
satisfactory if uncontradicted and not overcome by other evidence.
public character and reduce it to a private instrument, and the
—It is germane to observe at this juncture that PNB has, in its
favor, certain presumptions which Pasimio failed to overturn. evidentiary standard of its validity shall be based on
Rule 131, Sec. 3 of the Rules of Court specifies that a disputable preponderance of evidence.—The absence of Pasimio’s community
presumption is satisfactory if uncontradicted and not overcome by tax certificate number in: said loan documents neither vitiates
other evidence. the transaction nor invalidates the document. If at all, such
Mercantile Law; Promissory Notes; A promissory note absence renders the notarization of the loan documents defective.
represents a solemn acknowledgment of a debt and a formal Under the notarial rules at that time, i.e., Sec. 163(a) of Republic
commitment to repay it on the date and under the conditions Act No. 7160, otherwise known as the Local Government Code of
agreed upon by the borrower and the lender.—In upholding the 1991, where an individual subject to the community tax
RTC’s finding respecting Pasimio’s never having received any acknowledges any document before a notary public, it shall be the
loan proceeds, the CA doubtless disregarded the rule holding that duty of the administering officer to require such individual to
exhibit the community tax certificate. The defective notarization relevant as evidence. Pollard’s transaction with PNB is
of the loan documents only means that these documents would entirely different and totally unrelated to Pasimio’s dealings with
not be carrying the evidentiary weight conferred upon it with the bank.
respect to its due execution; that they should be treated as a Same; Same; Parol Evidence; That when the terms of an
private document to be examined in appropriate cases under the agreement have been reduced to writing, it is to be considered as
parameters of Sec. 20, Rule 132 of the Rules of Court which
containing all such terms, and, therefore, there can be, between the
provides that “before any private document offered as authentic is
parties and their successorsininterest, no evidence of the terms of
received in evidence, its due execution and authenticity must be
proved either: (a) by anyone who saw the document executed or the agreement other than the contents of the writing.—It is well to
written; or (b) by evidence of the genuineness of the signature or consider this rule: that when the terms of an agreement have
handwriting of the maker x x x.” Settled is the rule that a been reduced to writing, it is to be considered as containing all
defective notarization will strip the document of its public such terms, and, therefore, there can be, between the parties and
character and reduce it to a private instrument, and the their successorsininterest, no evidence of the terms of the
evidentiary standard of its validity shall be based on agreement other than the contents of the writing. Under this rule,
preponderance of evidence. parol evidence or oral evidence cannot be given to contradict,
Same; Same; Res Inter Alios Acta; Acts and declarations of change or vary a written document, except if a party presents
evidence to modify, explain, or add to the terms of a written
persons strangers to a suit should, as a rule, be irrelevant as
agreement and puts in issue in his pleadings: (a) an intrinsic
evidence.—It was wrong for the CA to make the foregoing ambiguity, mistake, or imperfection in the written agreement; (b)
conclusions merely because another bank client, Virginia Pollard the failure of the written agreement to express the true intent
(Pollard), testified to being a victim of irregular bank transactions and agreement of the parties; (c) the validity of the written
of PNB Sucat. Even if Pollard were telling the truth, her agreement; and (d) the existence of other terms agreed to by the
testimony should not have been considered proof that what she parties or their successorsininterest after the execution of the
underwent is what actually transpired between Pasimio and written agreement.
PNB. Res inter alios acta. Acts and declarations of persons PETITION for review on certiorari of a decision of the Court of
strangers to a suit should, as a rule, be ir Appeals.
The facts are stated in the opinion of the Court.
Antonio M. Elicano and Salvador J. Ortega, Jr. for
74 petitioner.
74 SUPREME COURT REPORTS ANNOTATED Rondain & Mendiola for respondent.
Philippine National Bank vs. Pasimio VELASCO, JR., J.:
In this petition for review under Rule 45, the Philippine husband took out three “loans against deposit holdout” 4 from the
National Bank (PNB) assails and seeks to set aside the Janu PNB Sucat branch, as follows: a Three Million
_______________
75 1 Rollo, pp. 824. Penned by Associate Justice Agnes Reyes
VOL. 769, SEPTEMBER 2, 2015 75 Carpio and concurred in by Associate Justices Rosalinda
Philippine National Bank vs. Pasimio AsuncionVicente and Priscilla J. BaltazarPadilla.
ary 23, 2013 Decision1 of the Court of Appeals (CA) in C.A.G.R. 2 Id., at pp. 7680.
CV No. 94079 dismissing petitioner’s appeal from the decision of 3 Id., at pp. 8195.
the Regional Trial Court (RTC) of Parañaque City, Branch 196, 4 A “loan against deposit holdout” is a PNB product where
which ruled for respondent Ligaya Pasimio (Pasimio) in an action the loan is secured by the PNB deposit of the borrower.
for a sum of money she commenced thereat against the bank.
The Facts 76
76 SUPREME COURT REPORTS ANNOTATED
From the petition, the comment thereon, their respective Philippine National Bank vs. Pasimio
annexes, and other pleadings filed by the parties, the Court One Hundred Thousand Peso (P3,100,000) loan on March 21,
gathers the following relevant facts: 2001; a One Million Seven Hundred Thousand Peso (P1,700,000)
On May 19, 2005, Pasimio filed suit against PNB for the loan on April 2, 2001; and a ThirtyOne Thousand One Hundred
recovery of a sum of money and damages before the RTC of US Dollar (US$31,100) loan on December 7, 2001.
Parañaque City. In her complaint,2 docketed as Civil Case No. PNB further alleged the following: (1) each loan
CV050195 and eventually raffled to Branch 196 of the court, she accommodation was secured by a deposit account of Pasimio; (2)
alleged having a peso and dollar time deposit accounts with PNB the proceeds of the first and second loans were released to and
in the total amount of P4,322,057.57 and US$5,170.80, received by the Pasimio spouses in the form of PNB Manager’s
respectively; that both investment placements have matured; and Checks (MCs) while the proceeds of the third loan were released
when she sought to withdraw her deposit money with accrued and received in cash; (3) the loan proceeds were acknowledged by
interests, PNB refused to oblige. Pasimio in corresponding notarized promissory notes (PNs) and
In its Answer with Counterclaim, 3 with annexes, PNB Disclosure Statements of Loan/Credit Transaction; (4) Pasimio
admitted the fact of deposit placement for the amount then relent the proceeds of the third loan to a certain Paolo Sun;
aforestated. But it claimed that Pasimio is without right to insist (5) contrary to Pasimio’s allegations on maturing deposit
on their withdrawal, the deposited amount having already been instruments, she in fact renewed/rolled over her placements
used in payment of her outstanding loan obligations to the bank. several times; and (6) Pasimio had failed to pay her outstanding
PNB narrated how the setoff of sort came about: Pasimio and her
loan obligations forcing the bank to apply her deposits to the Pasimio would also deny relending the loan proceeds to Paolo
unpaid loans pursuant to the legal compensation arrangement Sun. She asserted in this regard that Gregorio repaired to her
embodied in the “holdout” proviso under Clause 5 of the PN.5 residence with a duly accomplished affidavit detailing the
To this answer, Pasimio filed her reply and answer to relending event and urged her to sign the same if she wished to
counterclaim alleging facts she would also later venture to prove. recover her placements.
During the trial following the joinder of issues, Pasimio denied In all, Pasimio depicted herself as victim of a nefarious
obtaining any loan from PNB, let alone receiving the lending scam, orchestrated by Gregorio and Miranda who PNB
corresponding loan proceeds. While conceding signing certain had ordered dismissed following the exposure of their
documents which turned out to be the Peso Loans Against involvement in anomalous loan transactions with unsuspecting
Peso/FX Deposit Loan Applications, the Promissory Notes and PNB depositors.
Holdout on Savings Deposit/Peso/FX Time Deposit and Pasimio submitted the following as evidence:
Assignment of Deposit Substitute and the Disclosure Statements 1. Passbook for PNB Mint Placement No. 61281001164164
of Loan/Credit Transaction (Loan Documents), she professed not (same as PNB Mint Placement No. 6128100115590) — to
_______________ prove that she invested P3,100,000 with PNBSucat under
PNB Mint Placement No. 6128100115590;
5 Clause 5 of the PNs reads: “By virtue of the Hold 2. Passbook for PNB Mint Placement No. 61281001164688
out/assignment, the BANK has the right to offset the amount (same as PNB Mint Placement No. 6128100115632) — to
assigned/heldout against this note without any need of notice to prove that she invested P1,700,000 with PNBSucat under
or demand on the CLIENT/S in any of the following events (i) any PNB Mint Placement No. 6128100115632;
default or premature acceleration of due date of the Loan or 3. Certificate of Time Deposit for $CTD No. 6628100116575 —
Other Obligation x x x.” to prove that she invested US$5,160.84 with PNBSucat
under Certificate of Time Deposit $CTD No.
6628100116575;
77 4. Letter dated April 22, 2004 addressed to the PNB Sucat
VOL. 769, SEPTEMBER 2, 2015 77 branch manager to prove that she made a demand for the
Philippine National Bank vs. Pasimio release of her investments;
understanding what they really meant. She agreed to affix her 5. Letters dated July 21, 2004 from PNB’s Internal Auditor to
signature on these loan documents in blank or in an incomplete Pasimio — to prove that PNB confirmed her deposits and
state, she added, only because the PNB Sucat branch manager, investment with PNBSucat but that she
Teresita Gregorio (Gregorio), and Customer Relations Officer,
Gloria Miranda (Miranda), led her to believe that what she was
signing were related to new highyielding PNB products. 78
78 SUPREME COURT REPORTS ANNOTATED
Philippine National Bank vs. Pasimio _______________
corrected entries pertaining to their amounts and denied
having a deposit holdout on any of her investments; 6 Records, pp. 349352.
6. Engagement letter dated February 2, 2005 from the law 7 Id., at pp. 564568.
firm Rondain & Mendiola;
7. An unsigned affidavit — to prove that Gregorio had
prepared an affidavit to make it appear that Pasimio and 79
other depositors entered into loan agreements with a VOL. 769, SEPTEMBER 2, 2015 79
certain Paolo Sun, to cover her (Gregorio’s) illegal schemes Philippine National Bank vs. Pasimio
and that Gregorio went to the homes of these depositors March 21, 2001 and that she renewed the said loan on
begging them to sign the affidavit as she was already being different dates;
audited by PNB’s main office;6 and 3. Disclosure Statement of Loan/Credit Transaction dated
8. A Memorandum on Irregular Lending Operation on Loans v. March 21, 2001 — to prove that Pasimio’s loan for
Deposit HoldOut (Sucat Branch) dated February 18, 2003 P3,100,000 was also supported with a Disclosure
detailing the alleged modus operandi of Gregorio and Statement, a copy of which she acknowledged to have
Miranda and stating that the latter were dismissed for received prior to the consummation of the credit
their involvement in shady loan practices.7 transaction, where she voluntarily agreed to the terms and
conditions of her loan by signing the said statement;
On the other hand, PNB offered the following for purposes as 4. MC No. 0000166650 dated March 21, 2001 for P3,049,188.94
stated: — to prove that Pasimio encashed this check and received
the proceeds of her P3,100,000 loan, net of bank charges;
1. Peso Loans Against Peso/FX Deposit Loan Application Form 5. Peso Loans Against Peso/FX Deposit Loan
dated March 21, 2001 — to prove that Pasimio applied for a Application/Approval Form dated April 2, 2001 — to prove
PNB loan and voluntarily executed a loan application form that Pasimio applied for another loan on April 2, 2001 in
dated March 21, 2001 for the amount of P3,100,000 secured the amount of P1,700,000 and that the same was secured
by her own PNB Mint Account No. 612810011393 as loan by Pasimio’s own PNB Mint Account No. 6128100113429.
collateral; As in the first loan, Pasimio also voluntarily affixed her
2. PN and Holdout on Peso/FX Savings Deposit/Peso/FX Time signature on the document;
Deposit and Assignment of Deposit Substitute dated March 6. PN and Holdout on Peso/FX Savings Deposit/Peso/FX Time
21, 2001 — to prove that Pasimio’s P3,100,000 loan was Deposit and Assignment of Deposit Substitute dated April
supported with a PN which she and her husband 2, 2001 — to prove that Pasimio’s second loan of P1,700,000
voluntarily signed and executed on is supported by a PN which she voluntarily signed and
executed on April 2, 2001 together with her husband and US$31,100 was also supported with a Disclosure
that she renewed the said loan on different dates; Statement, a copy of which she acknowledged to have
7. Disclosure Statement of Loan/Credit Transaction dated received prior to the consummation of the credit
April 2, 2001 — to prove that Pasimio’s loan for P1,700,000 transaction, where she voluntarily agreed to the terms and
was also supported with a Disclosure Statement, a copy of conditions of her loan by signing the said statement;
which she acknowledged to have received prior to the 12. Miscellaneous Ticket dated December 7, 2001 in the
consummation of the credit transaction, where she amount of US$30,981.28 — to prove that Pasimio received
voluntarily agreed to the terms and conditions of her loan the proceeds of her US$31,100 loan, net of bank charges;
by signing the said statement; 13. Bills Payment Form dated July 26, 2004 — to prove that
her failure to settle her peso/dollar loan obligations was
subsequently settled by offsetting the available balance of
80 her deposit accounts that were used as collaterals against
80 SUPREME COURT REPORTS ANNOTATED these loans, in accordance with the PNs she executed;
Philippine National Bank vs. Pasimio
8. MC No. 0000166682 dated April 2, 2001 in the amount of
P1,672,797.50 — to prove that Pasimio encashed this check 81
and received the proceeds of her P1,700,000 loan, net of VOL. 769, SEPTEMBER 2, 2015 81
bank charges; Philippine National Bank vs. Pasimio
9. Peso Loans Against Peso/FX Deposit Loan 14. Demand letter addressed to Pasimio dated July 5, 2004
Application/Approval Form dated December 7, 200 — to signed by Noel R. Millares on behalf of the bank — to prove
prove that Pasimio applied for a US$31,100 loan which her that PNB demanded payment of her loans in the aggregate
own PNB FX CTD No. 6628100115637 (US$20,393.78) and amount of P4,623,458.03 and US$5,277.34 which had
CTD No. 6628100115716 (US$10,766.25) secured as already become due and payable;
collateral. As in the first two loans, Pasimio also 15. Pasimio’s Affidavit dated April 10, 2003 — to prove
voluntarily affixed her signature on the document; Pasimio’s execution of an affidavit lending US$31,100 to
10. PN and HoldOut on Peso/FX Savings Deposit/Peso/FX Paolo Sun;
Time Deposit and Assignment of Deposit Substitute dated 16. Pasimio’s letter dated February 25, 2003 — to prove that
December 7, 2001 — to prove that Pasimio’s US$31,100 the Pasimios effected a change in their PNB Mint Account
loan is supported by a PN note which she and her husband Nos. deposited at PNB Sucat from the old account number
voluntarily signed and executed on December 7, 2001 and 6128100113393 to the new account number 6128100116464
that she renewed the said loan on different dates; (pertaining to the deposit of P3,100,000); and from the old
11. Disclosure Statement of Loan/Credit Transaction dated account number 6128100113429 to the new account
December 7, 2001 — to prove that Pasimio’s loan for
number 6128100116488 (pertaining to the deposit of deposit document were used as collateral for Pasimio’s
P1,700,000); dollar loan of US$31,100;
17. PNB Mint Savings Account Passbook with Serial No. 23. CTD dated June 4, 2001 in the amount of US$34,030.18 —
046783 — to prove that the deposit covered by this to prove that Pasimio was issued a Certificate of Time
passbook in the amount of P3,100,000 was used as Deposit for the amount of US$34,030.18 with an annual
collateral for Pasimio’s P3,100,000 loan. As proof of this interest rate of 4.5%;
fact, the passbook is stamped with the notation “HOLD 24. CTD dated July 27, 2001 in the amount of US$20,187.10 —
OUT” to indicate a withdrawal restriction on this account; to prove that Pasimio was issued a Certificate of Time
18. PNB Mint Savings Account Passbook with Serial Number Deposit for the amount of US$20,187.10 with an annual
046781 — to prove that the deposit covered by this, interest rate of 4.125%;
passbook in the amount of P1,700,000 was used as 25. CTD dated December 23, 2003 in the amount of
collateral for Pasimio’s P1,700,000 loan. As proof of this US$5,136.03 — to prove that Pasimio had an existing
fact, the passbook is stamped with the notation “HOLD dollar time deposit with PNB which she used as collateral
OUT” to indicate a withdrawal restriction on this account; for the dollar holdout loan that she took out. The dollar
19. Portion of PNB Mint Passbook stamped “HoldOut” — to certificate is stamped with a notation that reads “HOLD
prove that the savings account covered by this passbook is OUT”;
under a holdout restriction; 26. Statement of Account (SOA) — to prove that PNBSucat
20. Pasimio’s Certificate of Time Deposit Ledger for PNBig issued a SOA for Pasimio’s Dollar HoldOut Loan, which
Savings Account No. 22254768387 — to prove that showed an outstanding balance of US$5,100. This SOA was
used as basis for the offsetting of Pasimio’s past due loan
obligation with her PNB Mint Account as collateral; and
82 27. Statement of Account (SOA) — to prove that PNBSucat
82 SUPREME COURT REPORTS ANNOTATED issued a SOA for Pasimio’s Dollar HoldOut Loan, which
Philippine National Bank vs. Pasimio showed an outstanding balance of P4,321,781.06.
Pasimio opened an account with PNBSucat on March 21,
2001 under Account No. 22254768387 which was
constituted as collateral of the P3,100,000 loan;
21. PNBig Savings Account from October 29, 2003 up to May
3, 2004 — to prove that Pasimio opened an account with This SOA was used as basis for the offsetting of Pasimio’s
PNBSucat under Account No. 2815254913 which past due loan obligation with her PNB Mint Account as
constituted as collateral for the P1,700,000 loan; collateral.8
22. The Certificate of Deposit Ledger from June 4, 2001 to July
25, 2004 — to prove that the amounts covered by this RTC’s Decision
84 SUPREME COURT REPORTS ANNOTATED
On October 30, 2009, the RTC rendered judgment 9 in favor of Philippine National Bank vs. Pasimio
Pasimio, as plaintiff, disposing: CA’s Decision
WHEREFORE, premises considered, this court finds the
Complaint dated May 16, 2005 with merit, and Defendant,
In its assailed Decision dated January 23, 2013, the CA
Philippine National Bank is ordered to pay plaintiff, LIGAYA M.
affirmed that the RTC, to wit:
P[A]SIMIO[,] the amount of x x x (P3,100,000.00), x x x
WHEREFORE, the instant appeal is DENIED. The Decision
(P1,222,000.00) and x x x (US$5,170), respectively, representing
dated 30 October 2009 rendered by the [RTC], Branch 196,
her peso/dollar time deposit placements with said bank, with
Parañaque City in Civil Case No. 050195 is hereby AFFIRMED. 11
legal interest on said amounts, and the amount of x x x
Even as it found and declared PNB’s bank personnel grossly
(P180,000.00) representing attorney’s fees, and costs.
negligent and their transactions with Pasimio highly
SO ORDERED.10
unacceptable,12 the appellate court held that no loan proceeds
were ever released to Pasimio, thus sustaining the RTC
The disposition is predicated on the postulate that Pasimio
appreciation of the evidence thus presented on the matter by
had proven by convincing evidence that she did not obtain any
Pasimio.13 The CA wrote:
loan accommodation from PNB. As a corollary, the trial court held
Hence, We are one with the RTC when it ruled that there was
that there was no evidence snowing the release by PNB of the
no release of proceeds of bank loans to plaintiffappellee
loan proceeds to Pasimio. Pushing the point, the RTC stated that
[Pasimio], viz.:
the transaction documents were highly questionable for the
reasons stated in some detail in its decision to be reproduced by No release of proceeds of purported bank loans to plaintiff.
the CA in its assailed decision. The evidence at hand does not show that any amount of the loans,
Therefrom, PNB appealed to the CA, the recourse docketed as if there were any, were ever released by [PNB] to plaintiff.
C.A.G.R. CV No. 94079. The [PNB] presented a miscellaneous ticket dated December
_______________ 7, 2001 for the discounted amount of x x x (US$30,981.28)
attending the release of such funds over the purported third loan
8 Id., at pp. 446452. in the amount of x x x (US$31,100.00) extended to plaintiff and as
9 Rollo, pp. 104120. Penned by Judge Brigido Artemon M. affecting her FX dollar time deposits. This document remains to
Luna II. be a simple ticket advice and [would] not amount to fact of
10 Id., at p. 120. payment of loan proceeds in the absence of any cogent and better
evidence
_______________
84
11 Id., at p. 23. out as evidence docs not proffer that the amount indicated therein
12 Id., at pp. 1617. was properly released for the purpose, to only draw a farce
13 Id., at p. 15. conclusion that it was properly transacted and funds was indeed
released to plaintiff.
The [PNB] presented a document for Manager Check No.
166682 dated April 2, 2001 in the discounted amount of x x x
(P1,679,797.50) to prove the alleged release of proceeds of a
85
second loan allegedly secured by plaintiff for the amount x x x
VOL. 769, SEPTEMBER 2, 2015 85
(P1,700,000.00). Looking over the dorsal portion of the check, the
Philippine National Bank vs. Pasimio
machine validation entry by the teller reads of entry ‘005 502
281 02AP01 PCOUT 1,672,797.50
which is available to the bank. There is no statement of account
or a corresponding check document presented to compliment such
ticket advice to clearly show an amount was debited from the 86
account of the bank to ably pay off the amount of the loan 86 SUPREME COURT REPORTS ANNOTATED
proceeds. The miscellaneous ticket standing by itself is no[t] an Philippine National Bank vs. Pasimio
adequate proof of fact of payment of a loan x x x.
The [PNB] presented a document for Manager Check No. A N 14021226’ in comparison with the front portion of the very
166650 dated March 21, 2001 at a discounted amount of x x x check does not tally with the check no. ‘166682’ neither the
(P3,049,188.94) to prove the possible release of proceeds of a first checking account from which the amount is drawn at reference
loan allegedly secured by plaintiff for the amount of x x x number ‘002810222222’ which makes it an invalid validation
(P3,100,000.00). Looking over the dorsal portion of the check, it is entry and will not prove the fact that debited amounts were made
highly unnatural and irregular that the very check in question from the bank account number ‘002810222222’ [to cover the
does not have a machine printed validation of the transaction to release to plaintiff of proceeds] of the second loan. There being no
reflect the debit entry of the account from which the release of explanation by the very bank employees presented by the bank on
funds might have been secured. With exception to the stamp the discrepancy of the teller validation entries with the checking
marking and a few signatures at the back of the check, it becomes account used to possible pay off the release of loan proceeds, there
highly inconceivable for a bank teller to forget a machine can be no indication that the loan was properly paid for to
validation of a check, not unless the checks was not properly plaintiff.
cleared but was only received by the teller. The check standing
Simply stated, there is really no loan ever released by appellee to evaluate the consequences of the transaction offered to
defendant bank in favor of plaintiff to engage the operative right her by the bank personnel of [PNB].15
to holdout on the deposits of the latter.14
And agreeing with the RTC on what it viewed as the
On a related matter, the CA found, as highly irregular, the questionable nature of the transactions PNB entered into with
PNB personnel’s act of securing Pasimio’s signature and consent Pasimio, as purportedly evidenced by a combination of related
to have the proceeds of the US$31,100 loan relent to Paolo Sun. circumstances reflecting documentary tampering, the CA quoted
It expounded: with approval the ensuing excerpts from the RTC’s decision:
The transaction documents are highly questionable. The loan
Second, it can be gleaned from the facts of the case that [PNB]
application form dated March 21, 2001 over the purported first
was able to obtain the signature and assent of plaintiffappellee
peso loan in the amount of x x x (P3,100,000.00) which was
in relending the loan proceeds to a certain Paolo Sun, in a manner
verified with a notary public on April 30, 2001 did not utilize
not in accordance with the ordinary course of business of banks.
any residence certificate of plaintiff x x x which also missed
According to plaintiffappellee, Bank Manager Gregorio went to
her house for her to sign a document, telling her that it was the out for a residence certificate number in the promissory note
only way for plaintiffappellee to get her money back by relending dated March 21, 2001,the same former document carried
her money deposits with [PNB] to a certain Paolo Sun whom she bolder typewritten entries for the names of depositors but
does not know. Plaintiffappellee also contends that she was not faint entries for the amount and the security deposit account
aware that the document she signed was notarized. which only shows that such entries were made on different dates
using different typesets compounded by the column side for the
verified balance of deposit and the recommendation of interest
87 were left unfilled. Which circumstances bring in a question
VOL. 769, SEPTEMBER 2, 2015 87 on the validity and veracity of the loan documents when in
Philippine National Bank vs. Pasimio fact the entries and the missing items thereto [do] not speak well
For that alone, the action performed by the bank manager in of a fully accomplished and perfected loan document between the
the transactions is definitely exposed to a high incident of parties. Sad to say, this court
negligence. It bears stressing that banks must exercise the
highest degree of diligence and by doing the transactions outside
the bank without any proper explanation of the consequences of 88
the document to be signed by plaintiffappellee as client of the 88 SUPREME COURT REPORTS ANNOTATED
bank is reprehensible x x x. The bank personnel misrepresented Philippine National Bank vs. Pasimio
the true nature of the transaction which deprived plaintiff cannot even believe [PNB’s] witness, Edna Palomares in stating
that she checked the entries [in] the loan approval form be lore
she placed her signature considering there are valuable and 16 Id., at pp. 1920.
important entries that are left unfulfilled by a bank officer as
herself to even downgrade her line of credibility on the true
circumstances to the execution of such document. 89
The same circumstances attend the loan documents that VOL. 769, SEPTEMBER 2, 2015 89
allegedly covered the second loan in the amount of x x x
Philippine National Bank vs. Pasimio
(P1,700,000.00) and the third loan in the amount of x x x
pected of officials and employees of the bank is far greater than
(US$31,100.00), and this court need not discuss further to
those of ordinary officers and employees in the other business
emphasize the line of anomalous circumstances attending the
firms.
execution and existence of such documents.16 (emphasis added)
Unquestionably, [PNB] x x x had the direct obligation to
supervise very closely the employees handling its depositors’
The CA explained that even if both parties may have been
accounts, and should always be mindful of the fiduciary nature of
negligent in the conduct of their respective affairs, PNB cannot
its relationship with the depositors. Such relationship required it
evade liability for its shortcomings. As stressed by the appellate
and its employees to record accurately every single transaction,
court, the banking industry is impressed with public interest.
and as promptly as possible, considering that the depositors’
Accordingly, all banks and their personnel are burdened with a
accounts should always reflect the amounts of money the
high level of responsibility and expected to be more careful than
depositors could dispose of as they saw fit x x x. If it fell short of
ordinary persons. The CA held that since PNB was grossly
that obligation, it should bear the responsibility for the
negligent, it should bear the consequences:
consequences to the depositor x x x.
Third, although it may be argued that both parties seemed to
In this case, [PNB’s] personnel were in violation of their duties
have been negligent in their own affairs, [PNB] cannot put all the
and responsibilities as its employees. They have committed gross
blame to cover its negligence on plaintiffappellee. The degree of
negligence in dealing with their bank transactions which connotes
care is more paramount and expected with that of banks than
“want of care in the performance of one’s duties.” [PNB’s] failure
that of an ordinary person.
to observe basic procedure constituted serial negligence. The
As the banking industry is impressed with public interest, all
repealed failure to carefully observe the duties of its personnel
bank personnel are burdened with a high level of responsibility
clearly showed utter want of care. As gathered from the records of
insofar as care and diligence in the custody and management of
the case, it was shown that this is not an isolated transaction as
funds are concerned. Banks handle transactions involving
other clients of the bank have been likewise victimized. Witness
millions of pesos and properties x x x. Indeed, by the very nature
Virginia Pollard has stated in her testimony before the RTC that
of their work, the degree of responsibility, care and
at one point, she too, was a victim of irregular bank transactions
trustworthiness ex
of the same branch of [PNB] as offered by its bank personnel.
_______________
Thus, it was [PNB’s] action that defies the ordinary banking
transactions and between an ordinary person like plaintiff The findings of Fact of the CA are subject to welldefined
appellee and a bank like [PNB], [PNB] carries more burden, exceptions,21 among which are when such findings are not
which unfortunately, it failed to overcome. _______________
Verily, from the foregoing instances, (PNB] was indeed grossly
negligent in its transactions with plaintiffappellee. Even 17 Id., at pp. 2022.
assuming that plaintiffappellee was concocting her version of the 18 G.R. No. 157049, August 11, 2010, 628 SCRA 22.
facts, We still find irregularities and inconsistencies that have 19 G.R. No. 186359, March 5, 2010, 614 SCRA 391.
attributed to the un 20 Rollo, p. 23.
21 Development Rank of the Philippines v. Traders Royal
Bank, G.R. No. 171982, 18 August 2010, 628 SCRA 404, 413414.
90
The jurisdiction of the Court in cases brought before it from the
90 SUPREME COURT REPORTS ANNOTATED
appellate court is limited to reviewing errors of law and findings
Philippine National Bank vs. Pasimio of fact of the CA are conclusive upon the Court since it is not the
justified refusal to return the investment placement and to the Court’s function to analyze and weigh the evidence all over again.
commission of negligence.17 Nevertheless, in several cases, the Court enumerated the
exceptions to the rule that factual findings of the CA are binding
Finally, the CA would state the observation, citingCitytrust on the Court: (1) when the findings are grounded entirely on
Banking Corporation v. Cruz18 and Typoco v. Commission on speculations, surmises or conjectures; (2) when the inference
Elections,19 that the errors PNB sought reviewed relate to the made is manifestly mistaken, absurd or impossible; (3) when
RTC’s factual findings when the appellate court is not a trier of there is grave abuse of discretion; (4) when the judgment is based
facts, necessarily implying that it is improper for the CA under on a misapprehension of facts; (5) when the findings of fact are
the premises to do what PNB seeks. The CA explained that “the conflicting; (6) when in making its findings the Court
stated doctrine regarding the factual findings of the RTC applies
within force in the instant case.”20
91
Issue VOL. 769, SEPTEMBER 2, 2015 91
Philippine National Bank vs. Pasimio
Whether or not the CA erred in affirming the RTC Decision supported by substantial evidence, grounded on surmises or
granting Pasimio’s complaint for a sum of money. conjectures or are patently arbitrary, binding and conclusive and
this Court will not review them on appeal. This case squarely
The Court’s Ruling falls under the exceptions of the general rule.
The petition is impressed with merit.
The CA has the power 92
to resolve factual issues 92 SUPREME COURT REPORTS ANNOTATED
Philippine National Bank vs. Pasimio
Before proceeding to the main issue of this case, there is a any and all acts necessary to resolve factual issues raised in cases
need to clarify the assailed decision’s perplexing but flawed falling within its original and appellate jurisdiction, including the
pronouncement that the CA, not being a trier of facts, is without power to grant and conduct new trials or further proceedings.
competence to review the factual determination of the RTC. Trials or hearings in the Court of Appeals must be continuous
Section 9 of Batas Pambansa Blg. (BP) 129, otherwise known as and must be completed within three (3) months unless extended
the Judiciary Reorganization Act of 1980, categorically states that by the Chief Justice.
the CA has, inter alia, the power to try cases, receive evidence
and perform any and all acts necessary to resolve factual issues To be sure, the cases22 the CA cited to support its adverted
raised in cases falling within its original and appellate pronouncement are inapposite. In context, the issue involved
jurisdiction, thus: in Citytrust and Typoco relates to the nature and extent of this
Sec. 9. Jurisdiction.—The Court of Appeals shall exercise: Court’s, and not the CA’s, power to review factual findings of
x x x x lower courts and administrative agencies in petitions for review
The Court of Appeals shall have the power to try cases and and in original certiorariand prohibition cases.
conduct hearings, receive evidence and perform Clearly, Citytrust and Typoco have been misread and
_______________ consequently misapplied.
It is also worthy to note that the appellate court’s reliance on
of Appeals went beyond the issues of the case, or its findings are the factual findings of the trial court is hinged on the latter’s
contrary to the admissions of both the appellant and the appellee; firsthand opportunity to hear the witnesses and to observe their
(7) when the findings are contrary to that of the trial court; (8) demeanor during the trial. However, when such findings are not
when the findings are conclusions without citation of specific anchored on their credibility and their testimonies, but on the
evidence on which they are based; (9) when the facts set forth in assessment of documents that are available to appellate
the petition as well as in the petitioners main and reply briefs are magistrates and subject to their scrutiny, reliance on the trial
not disputed by the respondent; (10) when the findings of fact are courts factual findings finds no application.23
premised on the supposed absence of evidence and contradicted The CA’s regrettable cavalier treatment of PNB’s appeal is
by the evidence on record; or (11) when the CA manifestly inconsistent with Rule 41 of the Rules of Court and with the
overlooked certain relevant facts not disputed by the parties, usual course of judicial proceedings. Be reminded that the parties
which, if properly considered, would justify a different conclusion. in Rule 41 appeal proceedings may raise questions of fact or
mixed questions of fact and law.24 Thus, in insisting
_______________ “greater weight of credible evidence.” 25 Section 1, Rule 133 of the
Rules of Court provides:
22 Citytrust Banking Corporation v. Cruz, supra note Section 1. Preponderance of evidence, how determined.—In
18; Typoco v. Commission on Elections, supra note 19. civil cases, the party having the burden of proof must establish
23 Jimenez v. Commission on Ecumenical Mission and his case by a preponderance of evidence. In determining where
Relations of the United Presbyterian Church in the USA, G.R. No. the preponderance of evidence or superior weight of evidence on
the issues involved lies, the court may consider all the facts and
140472, June 10, 2002, 383 SCRA 326, 334.
circumstances of the case, the witnesses’ manner of testifying,
24 Macawiwili Gold Mining and Development Co., Inc. v.
their intelligence, their means and opportunity of knowing the
Court of Appeals, G.R. No. 115104, October 12, 1998, 297 SCRA facts to which they are testifying, the nature of the facts to which
602. they testify, the probability or improbability of their testimony,
their interest or want of interest, and also their personal
credibility so far as the same may legitimately appear upon the
93 trial. The court may also consider the number of witnesses,
VOL. 769, SEPTEMBER 2, 2015 93 though the preponderance is not necessarily with the greater
Philippine National Bank vs. Pasimio number.
that it is not a trier of facts and implying that it had no choice but _______________
to adopt the RTC’s factual findings, the CA shirked from its
function as an appellate court to independently evaluate the 25 Ogawa v. Menigishi, G.R. No. 193089, July 9, 2012, 676
merits of this case. To accept the CA’s aberrant stance is to SCRA 14, 22.
trivialize its review function, but, perhaps worse, render useless
one of the reasons for its institution.
94
Pasimio failed to prove her claim 94 SUPREME COURT REPORTS ANNOTATED
by preponderance of evidence Philippine National Bank vs. Pasimio
Just as settled is the rule that the plaintiff in civil cases must
It is settled that the burden of proof lies with the party who rely on strength of his or her own evidence and not upon the
asserts a right and the quantum of evidence required by law in weakness of that of the defendant. In the case at bench, this
civil cases is preponderance of evidence. “Preponderance of means that on Pasimio rests the burden of proof and the onus to
evidence” is the weight, credit, and value of the aggregate
produce the required quantum of evidence to support her cause/s
evidence on either side and is usually considered to be
of action.26
synonymous with the term “greater weight of evidence” or
With the view we take of the case, Pasimio has failed to On the witness stand, PNB’s witness Edna Palomares, the
discharge this burden. bank’s Per Pro Officer, categorically testified having prepared and
There can be no quibbling that Pasimio had, during the time processed all of Pasimio’s loan documents, and witnessed Pasimio
material, opened and maintained deposit accounts with PNB. For and her husband signing the same. 27 Palomares also testified
this purpose, she submitted two passbooks and one certificate of about Pasimio’s receipt of the proceeds of the subject loans and
time deposit to establish her peso and dollar placements with the identified the signatures appearing on the dorsal portion of the
bank. However, PNB also succeeded in substantiating its defense PNB manager’s checks and miscellaneous ticket covering the loan
for refusing to release Pasimio’s funds by presenting documents processed as genuine signatures of Pasimio.28
showing that her accounts were, pursuant to holdout Pasimio, on the other hand, denied applying for any loan with
arrangement, made collaterals for the loans she obtained from the PNB and receiving any loan proceeds or authorizing the bank to
bank and were eventually used to pay her outstanding loan use her deposit as collateral. While admitting to signing certain
obligations. Unfortunately, Pasimio failed to trump PNB’s defense papers, she professed unawareness that what she signed were in
after the burden of evidence shifted back to her. fact loan documents as nobody came forward to explain what they
To recall, PNB, to bolster its case, presented these documents: were, adding that she was convinced to sign them only because
loan application forms, PNs and disclosure statements to prove she was made to believe by bank officers that the documents were
that Pasimio obtained the disputed bank loans; manager’s checks related to a new PNB highyielding investment product.
and a miscellaneous ticket to establish the release of the loan Unfortunately, the courts a quo chose to disregard all of PNB’s
proceeds to Pasimio; passbooks and a certificate of time deposit documentary evidence and ruled in favor of Pasimio. This to us is
with the stamp “HOLDOUT” to indicate restrictions on the a blatant mistake on the part of the RTC and the CA because all
withthrawal of Pasimio’s deposit; a bills payment form to prove that Pasimio put forward against PNB’s evidence, for the most
that Pasimio’s deposits were made to pay for her outstanding part documentary, were unsubstantiated denials and bare, self
obligations in accordance with the provisions of Pasimio’s serving assertions. To borrow from Pecson v. Commission on
promissory notes; and a signed and notarized affidavit recounting
Elections,29 citingAlmeida v. Court of Appeals,30 the use of wrong
that she lent the proceeds of her dollar loan to Paolo Sun.
or irrelevant considerations, reliance on clearly erroneous factual
_______________
findings or giving too much weight to one factor in deciding an
issue is sufficient to taint a decisionmaker’s action with grave
26 Vitarich Corporation v. Losin, G.R. No. 181560, November
abuse of discretion.
15, 2010, 634 SCRA 671, 680. As between Pasimio’s barefaced denials and Palomares’
positive assertions, the trial court ought to have accorded
_______________
95
VOL. 769, SEPTEMBER 2, 2015 95 27 TSN, September 9, 2008, pp. 1131.
Philippine National Bank vs. Pasimio
28 TSN, March 27, 2007, pp. 14, 3031, 1922 and 2325; TSN, A: That’s right.
May 22, 2007, pp. 3132, 3940, and 4344. Q: Why is this so, Madam Witness?
29 G.R. No. 182865, December 24, 2008, 575 SCRA 634, 649. A: Because I trusted the bank, I trusted the employees of the
30 G.R. No. 159124, January 17, 2005, 448 SCRA 681. bank having been a depositor for the past two (2)
decades.
_______________
96
96 SUPREME COURT REPORTS ANNOTATED 31 Manalo v. RoldanConfesor, G.R. No. 102358, November
Philippine National Bank vs. Pasimio 19, 1992, 215 SCRA 808, 821.
greater weight to Palomares’ testimony, especially considering 32 TSN, March 27, 2007, pp. 67, 1819, 2223; TSN, May 22,
that Pasimio never put in issue the due execution and 2007, pp. 28, 30, 38, and 42.
authenticity of the loan documents. As between a positive and 33 Id., at pp. 14, 3031, 1922 and 2325; id., at pp. 3132, 39
categorical testimony which has a truth, on one hand, and a bare 40 and 4344.
denial, on the other, the former is generally held to prevail. 31
It cannot be stressed enough that Pasimio unequivocally
admitted that the signatures appearing in the Loan 97
Application/Approval Forms dated March 21, 2001, April 2, 2001 VOL. 769, SEPTEMBER 2, 2015 97
and December 7, 2001,32 in all three Promissory Notes, 33 and the Philippine National Bank vs. Pasimio
Disclosure Statement dated December 7, 2001 were hers and her Q: But you know, Madam Witness, the consequences of your
husband’s. She also was aware of the consequences of her act of acts in signing pro forma documents?
signing. Her testimonies on the matter are quoted hereunder:
A: Well, I trusted those people. So...
Q: But you know the consequences of signing blank
Atty. Banzuela:
documents?
Q: Thank you. Madam Witness, you testified that you signed
A: Yes.34
these documents which are blank in its details, what do
you mean by blank in details.
Pasimio had tagged as forgeries her signatures appearing in
A: Nothing. Blank as in it’s a pro forma form but blank. the Disclosure Statements of March 21, 2001 and April 2, 2001.
Q: Madam Witness, but you read what these documents She, however, never presented any competent proof to
were? successfully support her contention. While testimonies of hand
A: No, I did not read. writing experts are not a must to prove forgeries, Pasimio did not
Q: You entrusted to PNB that huge amount of US$31,100, submit any evidence for the RTC to consider and readily conclude
P1,700,000 and US$3,100 without going through the that the signatures in these Disclosure Statements were forged.
documents that you were signing with PNB?
Likewise, Pasimio also denied, having appeared before a debit his deposit account for such amount equivalent to the
notary public to subscribe and swear to the loan documents, but charges/interest due on my loan.
never substantiated this allegation. It is settled that a notarial 4. PNB approved my loan application, and so, after I have
document, guaranteed by public attestation in accordance with lent the loan proceeds to PAOLO SUN, the latter has
the law, must be sustained in full force and effect, absent strong, dutifully and promptly paid all bank charges and interest
complete, and conclusive proof of its falsity or nullity on account under the aforesaid arrangement.36
of some flaw or defect provided by law.35
The RTC and the CA, for unexplained reason, ignored Again, Pasimio did not deny the due execution of this
Pasimio’s admissions in her April 10, 2003 Affidavit in which she affidavit. Rather, she lamely insisted she was only forced to sign
stated that she relent the proceeds of the US$31,100 loan to this affidavit upon Gregorio’s representations that this was the
Paolo Sun. A portion of this affidavit reads: only way that she would recover her investments. Pasimio denied
2. I agreed to lend the amount of Dollars: ThirtyOne knowing Paolo Sun and having loan arrangements with him. She
Thousand One Hundred Only ($31,100.00) to PAOLO SUN, would stick to her story that she signed the document under
payable on an agreed maturity date and at an agreed duress, needing, as she did at that time, money to support a dying
interest rate out of a Loan Against Deposit Holdout that I spouse. Gregorio also allegedly divulged that she needed Pasimio
will secure from PNB using my time deposits as collateral. to sign the Affidavit as she (Gregorio) was already being audited
_______________ and investigated by the PNB Main office.
As between Pasimio’s empty assertions about the above
34 TSN, May 22, 2007, pp. 4849. affidavit and its contents and the categorical statements in the
35 Sierra v. Court of Appeals, G.R. No. 90270, July 24, 1992, notarized affidavit detailing her arrangement with PNB and
211 SCRA 785, 793; citing Chilianchin v. Coquinco, 84 Phil. 714 Paolo Sun, the choice as to which is more credible should be clear
(1949). and simple. In fact, Pasimio ought to have been estopped from
denying the contents of that affidavit.
Verily, Pasimio’s version of the case taxes credulity. By her
98 own testimonial account, she is a holder of a BS Commerce degree
98 SUPREME COURT REPORTS ANNOTATED and used to work as a personnel director of an advertising
agency.37 It is, therefore, not believable that a person of her
Philippine National Bank vs. Pasimio
educational attainment and stature, who appeared to be of good
3. PAOLO SUN and I agreed that should I lend him the
physical and mental health, would simply hand over
proceeds of my Loan Against Deposit Holdout from PNB,
_______________
he would pay all the bank charges and interest on such
PNB loan, which he agreed to do so by authorizing PNB to
36 Rollo, p. 214.
37 TSN, March 27, 2007, pp. 45.
before, just as it is also hard to imagine that her husband did not
notice the titles of these documents and had no clue what they
99 were.
VOL. 769, SEPTEMBER 2, 2015 99 Pasimio would parlay the idea that she signed certain loan
Philippine National Bank vs. Pasimio documents and the April 10, 2003 affidavit under duress or undue
millions of pesos, no mean amount by ordinary standards, to a influence. Like her other unsubstantiated assertions, her
bank and then blindly sign documents involving her money allegations of improper influence, duress or fraud prac
without exercising a modicum of care by verifying, or at least
taking a cursory look at what these documents mean. And yet,
100
the courts a quo chose to close their eyes to these absurdities.
Lest it be overlooked, Pasimio’s husband Rene also affixed his 100 SUPREME COURT REPORTS ANNOTATED
signature on the subject promissory notes and loan application Philippine National Bank vs. Pasimio
forms to signify his consent to his wife’s financial dealings. There tised on her by bank officers deserve scant consideration. Undue
is no allegation, let alone proof, that Rene did not likewise influence is described under the Civil Code, thus:
understand what he was signing and giving his consent to. These Art. 1337. There is undue influence when a person
loan documents have, on their face, the words “Peso Loans takes improper advantage of his power over the will of
Against Peso/FX Deposit Loan Application/Approval Form,” another, depriving the latter of a reasonable freedom of
“Promissory Note and Holdout on Peso/FX Savings choice. The following circumstances shall be considered: the
Deposit/Peso/FX Time Deposit and Assignment of Deposit confidential, family, spiritual and other relations between
Substitute,” and “Disclosure Statements of Loan/Credit the parties, or the fact that the person alleged to have been
Transaction” printed in big letters. Thus, it is reasonable to unduly influenced was suffering from menial weakness, or
assume that, at first glance, Pasimio and husband Rene would was ignorant or in financial distress.
have been put on notice of what these documents were. What they
signed were pro forma bank documents, printed in full but with As regards fraud, the Civil Code says:
blanks to be filled up with specific terms thereof such as loan Art. 1338. There is fraud when, through insidious
amount, interest rate, and security, among others. They were not, words or machinations of one of the contracting parties, the
in fine, empty white sheets of paper. It may be that Pasimio was other is induced to enter into a contract which without
indeed made to sign the blank spaces of the loan documents. Be them, he would not have agreed to.
that as it may, it is wellnigh impossible that she had absolutely Art. 1344. In order that fraud may make a contract
no idea what they actually were, she having testified being a PNB voidable, it should be serious and should not have been
depositor for some twenty years. Indeed, the Court is hard employed by both contracting parties.
pressed to believe that she has not encountered these documents
The employment of fraud, duress, or undue influence is a SEC. 3. Disputable presumptions.—The following
serious charge, and to be sustained it must be supported by clear presumptions are satisfactory if uncontradicted, but may
and convincing proof; it cannot be presumed. 38There is no be contradicted and overcome by other evidence:
allegation or evidence that Gregorio and Miranda influenced x x x x
Pasimio by employing means she could not well resist, and which (r) That there was sufficient consideration for a contract;
controlled her volition and induced her to sign the loan documents (s) That a negotiable instrument was given or indorsed
and the April 10, 2003 Affidavit, which otherwise she would not for a sufficient consideration.
have executed. Also, there was no evidence showing that Gregorio
and Miranda’s influence interfered with Pasimio’s exercise of and Sec. 24 of the Negotiable Instruments Law reads:
independent discretion necessary to determine the advantage or SEC. 24. Presumption of consideration.—Every
disadvantage of signing these documents.
negotiable instrument is deemed prima facie to have been
_______________
issued for a valuable consideration; and every person
whose signature appears thereon to have become a party
38 Sierra v. Court of Appeals, supra note 35.
thereto for value.
Pasimio also failed to overcome the presumptions that a
101 person takes ordinary care of his concerns,40 that private
VOL. 769, SEPTEMBER 2, 2015 101 _______________
Philippine National Bank vs. Pasimio
Then, too, Pasimio failed to prove that Gregorio and Miranda 39 Id.
defrauded her. Taking into consideration the personal conditions 40 Rules of Court, Rule 131, Sec. 3, par. (d).
of Pasimio, there is no clear and convincing evidence establishing
serious fraud or deceit, insidious words or machinations on the
part of PNB or its officers, sufficient to impress or lead her into 102
error.39 102 SUPREME COURT REPORTS ANNOTATED
It is germane to observe at this juncture that PNB has, in its
Philippine National Bank vs. Pasimio
favor, certain presumptions which Pasimio failed to overturn.
transactions have been fair and regular, 41 and that the ordinary
Rule 131, Sec. 3 of the Rules of Court specifies that a disputable
course of business has been followed.42
presumption is satisfactory if uncontradicted and not overcome by
Certainly, the trial court erred in saying that Pasimio “had
other evidence. Corollary thereto, paragraphs (r) and (s) thereof
proved by convincing evidence that she had not secured any loan
read:
accommodations from the defendant bank x x x and, thus, is
entitled for the return of said deposit x x x” and that “[t]he factum
probans to sustain parties cause has been successfully hurdled VOL. 769, SEPTEMBER 2, 2015 103
and undertaken by plaintiff, in contradistinction to defendant’s Philippine National Bank vs. Pasimio
mere denial of a transport obligation, the latter failing to
overcome the quantum of evidence presented by plaintiff to tilt The dismissal of PNB’s peti
the scale of justice in favor of plaintiff herein.” 43 In truth, other tion is based on mere specu
than her selfserving statements, Pasimio had nothing else to lations and surmises
show against PNB’s evidence. The greater weight of credible
evidence as to whether Pasimio secured from PNB loans covered In denying Pasimio’s appeal, the CA adopted verbatim the
by promissory notes with holdout provisions is decidedly in favor trial court’s findings that there was no evidence proving Pasimio’s
of petitioner bank. receipt of the loan proceeds and that the loan documents were
To be sure, the RTC did not explain its reasons for coming up highly questionable. The appellate court also reasoned that since
with these conclusions and did not even bother to discuss its PNB was grossly negligent in transacting with Pasimio, the bank
evaluation of the merits of Pasimio’s evidence. The Court also should suffer the consequences.
notes that the trial court never even declared that, indeed, In upholding the RTC’s finding respecting Pasimio’s never
Pasimio and her husband were fooled into signing the loan having received any loan proceeds, the CA doubtless disregarded
documents and made to believe that the loan documents were the rule holding that a promissory note is the best evidence of the
related to a highyielding PNB product. transaction embodied therein; also, to prove the existence of the
Hence, it may be said that the trial court violated in a sense loan, there is no need to submit a separate receipt to prove that
the constitutional caveat enjoining courts from rendering a the borrower received the loan proceeds. 44 Indeed, a promissory
decision “without expressing therein clearly and distinctly the note represents a solemn acknowledgment of a debt and a formal
facts and the law on which it is based.” The RTC had failed to commitment to repay it on the date and under the conditions
discharge its duty to inform parties to litigation on how the case agreed upon by the borrower and the lender. As has been held, a
was decided, with an explanation of the factual and legal reasons person who signs such an instrument is bound to honor it as a
that led to the conclusions of the court. legitimate obligation duly assumed by him through the signature
_______________ he affixes thereto as a token of his good faith. If he reneges on his
promise without cause, he forfeits the sympathy and assistance of
41 Id., Rule 131, Sec. 3, par. (p). this Court and deserves instead its sharp repudiation.45
42 Id., Rule 131, Sec. 3, par. (q). The Court has also declared that a mere denial of the receipt
43 Rollo, pp. 119120. of the loan, which is stated in a clear and unequivocal manner in
a public instrument, is not sufficient to assail its validity. To
overthrow the recitals of such instrument, convincing and more
103
than merely preponderant evidence is necessary. A contrary rule steps to contract loans from PNB and was aware of their terms
would throw wide open doors to and conditions.
_______________ Further, this Court does not agree that the loan documents
were “highly questionable.” The trial court arrived at this
44 Ycong v. Court of Appeals, G.R. No. 153758, February 22, conclusion upon observing that the March 21, 2001, April 2, 2001,
2006, 483 SCRA 72, 78. and December 7, 2001 loan application forms and promissory
45 Sierra v. Court of Appeals, supra note 35 at p. 795. notes did not bear Pasimio’s community tax certificate number
and because it appeared that the blanks for the specific terms of
these loan documents were filled up on different dates considering
104 that some typewritten entries appeared to be bolder or darker
104 SUPREME COURT REPORTS ANNOTATED than the others.
These reasons are specious as they are flimsy.
Philippine National Bank vs. Pasimio
_______________
fraud.46 Following this doctrine, Pasimio’s notarized promissory
notes bearing her signature and that of her husband must be
46 Id., at p. 793.
upheld, absent, as here, strong, complete, and conclusive proof of
their nullity. 47 See Co v. Admiral United Savings Bank, G.R. No. 154740,
The promissory notes, bearing Pasimio’s signature, speak for April 16, 2008, 551 SCRA 472.
themselves. To repeat, Pasimio has not questioned the
genuineness and due execution of the notes. By signing the
promissory notes, she is deemed to acknowledge receipt of the 105
corresponding loan proceeds. Withal, she cannot plausibly set up VOL. 769, SEPTEMBER 2, 2015 105
the defense that she did not apply for any loan, and receive the Philippine National Bank vs. Pasimio
value of the notes or any consideration therefor in order to escape First, the authenticity of these loan documents should not be
her liabilities under these promissory notes.47 affected merely because their blank spaces appeared to have been
But the foregoing is not all. PNB presented evidence that filled up, if that be the case, on different dates, using different
strengthened its allegation on the existence of the loan. Here, typewriters. As PNB aptly puts it, there is nothing suspicious or
each promissory note was supported by a corresponding loan inherently wrong about bank forms being filled up on different
application form and disclosure statement, all of which carried dates since these are usually
Pasimio’s signatures. Isolated from each other, these documents pretyped, with the blanks thereon to be filled up subsequently,
might not prove the existence of the loan, but when taken depending on the specific terms of the transaction with a client,
together, collectively, they show that Pasimio took the necessary and thereafter presented to the latter for signing.
Second, the absence of Pasimio’s community tax certificate Philippine National Bank vs. Pasimio
number in: said loan documents neither vitiates the transaction It must be stressed that the adverted defective notarization
nor invalidates the document. If at all, such absence renders the should not have been made an issue at all in the first place, for
notarization of the loan documents defective. Under the notarial Pasimio already admitted executing the documents in question, or
rules at that time, i.e., Sec. 163(a) of Republic Act No. 7160, to put it in another way, she did not deny that the signatures
otherwise known as the Local Government Code of 1991, where an appearing thereon were hers and her husband’s. Thus, the
individual subject to the community tax acknowledges any requirements of Sec. 20, Rule 132 of the Rules of Court have been
document before a notary public, it shall be the duty of the sufficiently met and all doubts as to their authenticity and due
administering officer to require such individual to exhibit the execution should have been put to rest.
community tax certificate. The defective notarization of the loan More importantly, the records do not show that Pasimio
documents only means that these documents would not be alleged the regoing defects and presented any proof for the trial
carrying the evidentiary weight conferred upon it with respect to court to consider and rule on.
its due execution; that they should be treated as a private Furthermore, the Court does not find sufficient evidence to
document to be examined in appropriate cases under the support the CA’s finding that PNB is guilty of gross negligence
parameters of Sec. 20, Rule 132 of the Rules of Court which and, thus, must suffer the consequences of its transactions with
provides that “before any private document offered as authentic is Pasimio. In this regard, the CA explained that PNB foiled to
received in evidence, its due execution and authenticity must be exercise the highest degree of diligence required of banks because
proved either: (a) by anyone who saw the document executed or allegedly, Gregorio was able to obtain Pasimio’s signature and
written; or (b) by evidence of the genuineness of the signature or assent to relend the dollar loan proceeds to Paolo Sun in
handwriting of the maker x x x.” Settled is the rule that a a manner not in accordance with the ordinary course of business
defective notarization will strip the document of its public of banks. Also, the appellate court found PNB reprehensible
character and reduce it to a private instrument, and the for doing transactions outside the bank without any proper
evidentiary standard of its validity shall be based on explanation of the consequences of the document to be signed
preponderance of evidence.48
by [Pasimio] and because the bank personnelmisrepresented the
_______________
true nature of the transaction.49
48 Heirs of Victorino Sarili v. Lagrosa, G.R. No. 193517, There is no sufficient evidence to support the foregoing. It
January 15, 2014, 713 SCRA 726, 736737. must be stressed that these were solely drawn from Pasimio’s
testimony that Gregorio went to her house for her to sign the
April 10, 2003 Affidavit and that the latter told her that the only
way she could get her money back was to relend her money
106
deposits to Paolo Sun. Other than Pasimio’s story, the CA had no
106 SUPREME COURT REPORTS ANNOTATED
other evidence to bolster these findings.
_______________ had no basis in saying that “[e]ven assuming that [Pasimio] was
concocting her version of the facts, [it] still find[s] irregularities
49 Rollo, p. 19. and inconsistencies that have attributed to the unjustified refusal
to return the investment placement and to the commission of
negligence.”
107 Much is attempted to be made by the Memorandum on
VOL. 769, SEPTEMBER 2, 2015 107 Irregular Lending Operation on Loans v. Deposit HoldOut (Sucat
Philippine National Bank vs. Pasimio Branch) dated February 18, 2003. The memorandum does not
Further, the CA’s conclusions that PNB’s personnel werein pertain to Pasimio or her accounts and transactions with the
violation of their duties and responsibilities as its employees; that bank, albeit it discusses Garcia and Miranda’s sham dealings
they committed gross negligence in dealing with their bank with other bank clients. Hence, the memorandum is really not
determinative of the critical question of whether or
transactions; and that the bank repeatedly failed to observe basic
procedures thus, was guilty of serial negligence, are not supported
by sufficient evidence. 108
It was wrong for the CA to make the foregoing conclusions 108 SUPREME COURT REPORTS ANNOTATED
merely because another bank client, Virginia Pollard (Pollard),
Philippine National Bank vs. Pasimio
testified to being a victim of irregular bank transactions of PNB
not Pasimio sought and eventually secured loan accommodations
Sucat. Even if Pollard were telling the truth, her testimony
from PNB.
should not have been considered proof that what she underwent
Here, the RTC and the CA focused on finding trivial flaws and
is what actually transpired between Pasimio and PNB. Res inter
weaknesses in PNB’s evidence and totally disregarded the bank’s
alios acta.Acts and declarations of persons strangers to a suit most telling proof, foremost of which are the notarized notes. Had
should, as a rule, be irrelevant as evidence. Pollard’s transaction
the courts a quo looked at and considered the totality of the
with PNB is entirely different and totally unrelated to Pasimio’s
bank’s evidence, then it would have realized how preposterous the
dealings with the bank.
story that Pasimio spun was, a story featuring, at bottom, a well
What may be true in the case of Pollard may not hold true for
educated, accomplished woman signing several pieces of bank
Pasimio. It was quite erroneous for the appellate court to declare
documents involving millions of pesos, without knowing, nay even
PNB grossly negligent in its transactions with Pasimio when the
reading, what she is signing.
only evidence it had discussed on the matter was Pollard’s
Finally, it is well to consider this rule: that when the terms of
testimony. It may be true that the PNB was grossly negligent in
an agreement have been reduced to writing, it is to be considered
dealing with Pollard, but this does not automatically mean that
as containing all such terms, and, therefore, there can be,
PNB was grossly negligent toward Pasimio as well. Hence, the CA
between the parties and their successorsininterest, no evidence
of the terms of the agreement other than the contents of the isREVERSED and SET ASIDE. Respondent Ligaya M.
writing.50 Pasimio’s complaint in Civil Case No. CV050195 before the
Regional Trial Court of Parañaque City, Branch 196
Under this rule, parol evidence or oral evidence cannot be is DISMISSED for lack of merit.
given to contradict, change or vary a written document, except if a No costs.
party presents evidence to modify, explain, or add to the terms of SO ORDERED.
a written agreement and puts in issue in his pleadings: (a) an Peralta, Villarama, Jr., Perez** and Jardeleza, JJ., concur.
intrinsic ambiguity, mistake, or imperfection in the written
Petition granted, judgment reversed and set aside.
agreement; (b) the failure of the written agreement to express the
Notes.—Under the Parol Evidence Rule, when the terms of an
true intent and agreement of the parties; (c) the validity of the
agreement have been reduced to writing, it is considered as
written agreement; and (d) the existence of other terms agreed to
containing all the terms agreed upon and there can be, as
by the parties or their successorsininterest after the execution of
between the parties and their successorsininterest, no evidence
the written agreement.51
of such terms other than the contents of the written agreement.
Such evidence, however, must be clear and convincing and of
such sufficient credibility as to overturn the written agree (Duvaz Corporation vs. Export and Industry Bank, 523 SCRA 405
_______________ [2007])
A disputable presumption is satisfactory if uncontradicted and
50 Norton Resources and Development Corporation v. All Asia not overcome by other evidence. (Siain Enterprises, Inc. vs.
Bank Corporation, G.R. No. 162523, November 25, 2009, 605 Cupertino Realty Corp., 590 SCRA 435 [2009])
SCRA 370, 380.
51 Rules of Court, Rule 130, Sec. 9.
——o0o——
_______________
109
VOL. 769, SEPTEMBER 2, 2015 109 52 Sierra v. Court of Appeals, supra note 35 at p. 790.
Philippine National Bank vs. Pasimio ** Designated acting member per Special Order No. 2084
ment.52 Since no evidence of such nature is before the Court, the dated June 29, 2015.
documents embodying the loan agreement of the parties should be © Copyright 2018 Central Book Supply, Inc. All rights
upheld. reserved.
WHEREFORE, premises considered, the petition
isGRANTED. The assailed Decision of the Court of Appeals
dated January 23, 2013 in C.A.G.R. CV No. 94079
692 SUPREME COURT REPORTS ANNOTATED
Heirs of Lourdes Saez Sabanpan vs. Comorposa exact copies.—Pleadings filed via fax machines are not considered
G.R. No. 152807. August 12, 2003.* originals and are at best exact copies. As such, they are not
HEIRS OF LOURDES SAEZ SABANPAN: BERNARDO S. admissible in evidence, as there is no way of determining whether
SABANPAN, RENE S. SABANPAN, DANILO S. SABANPAN they are genuine or authentic.
and THELMA S. CHU; HEIRS OF ADOLFO SAEZ: MA. LUISA Same; Offer of Evidence; Exception; Neither the rules of
SAEZ TAPIZ, MA. VICTORIA SAEZ LAPITAN, MA. BELEN procedure nor jurisprudence would sanction the admission of
SAEZ and EMMANUEL SAEZ; and HEIRS OF CRISTINA SAEZ evidence that has not been formally offered during the trial.—
GUTIERREZ: ROY SAEZ GUTIERREZ and LUIS SAEZ, JR., Neither the rules of procedure nor jurisprudence would sanction
petitioners, vs. ALBERTO C. COMORPOSA, HERDIN C. the admission of evidence that has not been
COMORPOSA, OFELIA C. ARIEGO,1 REMEDIOS
COMORPOSA, VIRGILIO A. LARIEGO,2 BELINDA M. _______________
COMORPOSA and ISABELITA H. COMORPOSA, respondents.
Public Land Act; Jurisdiction; Homestead Patent; Courts
*
THIRD DIVISION.
have no jurisdiction to intrude upon matters properly falling
1
Also spelled “Ariega” in the pleadings.
2
Also spelled “Lariega” in the pleadings.
within the powers of the Lands Management Bureau (LMB).—
693
Under the Public Land Act, the management and the disposition
VOL. 408, AUGUST 12, 2003 693
of public land is under the primary control of the director of lands
(now the director of the Lands Management Bureau or LMB), Heirs of Lourdes Saez Sabanpan vs. Comorposa
subject to review by the DENR secretary. As a rule, then, courts formally offered during the trial. But this evidentiary rule is
have no jurisdiction to intrude upon matters properly falling applicable only to ordinary trials, not to cases covered by the rule
within the powers of the LMB. The powers given to the LMB and on summary procedure—cases in which no fullblown trial is held.
the DENR to alienate and dispose of public land does not, Same; Admissibility; Probative Value; Distinction; The
however, divest regular courts of jurisdiction over possessory admissibility of evidence should not be confused with its probative
actions instituted by occupants or applicants to protect their value.—The admissibility of evidence should not be confused with
respective possessions and occupations. The power to determine its probative value. Admissibility refers to the question of
who has actual physical possession or occupation of public land whether certain pieces of evidence are to be considered at all,
and who has the better right of possession over it remains with while probative value refers to the question of whether the
the courts. But once the DENR has decided, particularly through admitted evidence proves an issue. Thus, a particular item of
the grant of a homestead patent and the issuance of a certificate evidence may be admissible, but its evidentiary weight depends
of title, its decision on these points will normally prevail. on judicial evaluation within the guidelines provided by the rules
Evidence; Documentary Evidence; Facsimiles; Pleadings of evidence.
filed via fax machines are not considered originals and are at best
PETITION for review on certiorari of the decision and resolution ASIDE the Decision of the Municipal Trial Court of Sta. Cruz,
of the Court of Appeals. Davao del Su[r].”5
The assailed Resolution6 denied petitioners’ Motion for
The facts are stated in the opinion of the Court. Reconsideration.
Cariaga Law Offices for petitioners. The Facts
William G. Carpentero for respondents. The CA summarized the factual antecedents of the case as
follows:
PANGANIBAN, J.: “A [C]omplaint for unlawful detainer with damages was filed by
[petitioners] against [respondents] before the Santa Cruz, Davao
The admissibility of evidence should be distinguished from its del Sur Municipal Trial Court.
probative value. Just because a piece of evidence is admitted does “The [C]omplaint alleged that Marcos Saez was the lawful and
not ipso facto mean that it conclusively proves the fact in dispute. actual possessor of Lot No. 845, Land 275 located at Darong, Sta.
The Case Cruz, Davao del Sur with an area of 1.2 hectares. In 1960, he died
leaving all his heirs, his children and grandchildren.
Before us is a Petition for Review 3 under Rule 45 of the Rules of
“In 1965, Francisco Comorposa who was working in the land of
Court, seeking to set aside the August 7, 2001 Decision and the
Oboza was terminated from his job. The termination of his
February 27, 2002 Resolution of the Court of Appeals4 (CA) in CA
employment caused a problem in relocating his house. Being a
GR SP No. 60645. The dispositive portion of the assailed Decision
close family friend of [Marcos] Saez, Francisco Comorposa
reads as follows:
approached the late Marcos Saez’s son, [Adolfo] Saez, the
“WHEREFORE, in view of all the foregoing, the Court hereby
husband of Gloria Leano Saez, about his problem. Out of pity and
AFFIRMS the Decision dated 22 June 2000 rendered by Branch
for humanitarian consideration, Adolfo allowed Francisco
18 of the Regional Trial Court of Digos, Davao del Sur,
Comorposa to occupy the land of Marcos Saez. Hence, his nipa hut
REVERSING and SETTING
was carried by his neighbors and transferred to a portion of the
_______________ land subject matter of this case. Such transfer was witnessed by
several people, among them, Gloria Leano and Noel Oboza.
3
Rollo, pp. 1137. Francisco Comorposa occupied a portion of Marcos Saez’ property
4
Eighth Division. Written by Justice Perlita J. Tria Tirona without paying any rental.
and concurred in by Justices Eugenio S. Labitoria (Division “Francisco Comorposa left for Hawaii, U.S.A. He was
chairman) and Eloy R. Bello, Jr. (member). succeeded in his possession by the respondents who likewise did
694 not pay any rental and are occupying the premises through
694 SUPREME COURT REPORTS ANNOTATED petitioners’ tolerance.
“On 7 May 1998, a formal demand was made upon the
Heirs of Lourdes Saez Sabanpan vs. Comorposa
respondents to vacate the premises but the latter refused to
vacate the same and claimed that they [were] the legitimate court held that—although not yet final—the Order issued by the
claimants and the actual and lawful possessor[s] of the premises. regional executive director of the Department of Environment and
A [C]omplaint was filed with the barangay office of Sta. Cruz[,] Natural Resources (DENR) remained in full force and effect,
Davao del Sur, but the parties failed to arrive at an amicable unless declared null and void. The CA added that the
settlement. Thus, the corresponding Certificate to File Action was Certification issued by the DENR’s community environment and
issued by the said barangay and an action for unlawful detainer natural resources (CENR) officer was proof that when the
was filed by petitioners against respondents. cadastral survey was conducted, the land was still alienable and
was not yet allocated to any person.
_______________ According to the CA, respondents had the better right to
possess alienable and disposable land of the public domain,
5
Assailed Decision, p. 6; Rollo, p. 49. because they have sufficiently proven their actual, physical, open,
6
Rollo, p. 52. notorious, exclusive, continuous and uninterrupted possession
695 thereof since 1960. The appellate court deemed as selfserving,
VOL. 408, AUGUST 12, 2003 695 and therefore incredible, the Affidavits executed by Gloria Leano
Heirs of Lourdes Saez Sabanpan vs. Comorposa Saez, Noel Oboza and Paulina Paran.
“Respondents, in their Answer, denied the material allegations of Hence, this Petition.8
the [C]omplaint and alleged that they entered and occupied the
premises in their own right as true, valid and lawful claimants, _______________
possessors and owners of the said lot way back in 1960 and up to
the present time; that they have acquired just and valid
7
Assailed Decision, pp. 23; Rollo, pp. 4546.
ownership and possession of the premises by ordinary or
8
This case was deemed submitted for decision on January 15,
extraordinary prescription, and that the Regional Director of the 2003, upon the Court’s receipt of respondents’ Memorandum,
DENR, Region XI has already upheld their possession over the signed by Atty. William G. Carpentero. Petitioners’
land in question when it ruled that they [were] the rightful Memorandum, filed on January 10, 2003, was signed by Atty.
claimants and possessors and [were], therefore, entitled to the Oswaldo A. Macadangdang.
issuance of a title. 696
“The Municipal Trial Court of Sta. Cruz, Davao del Sur 696 SUPREME COURT REPORTS ANNOTATED
rendered judgment in favor of petitioners but the Regional Trial Heirs of Lourdes Saez Sabanpan vs. Comorposa
Court of Digos, Davao del Sur, on appeal, reversed and set aside The Issue
the said decision. x x x”7 In their Memorandum, petitioners raise the following issues for
Ruling of the Court of Appeals the Court’s consideration:
Affirming the Regional Trial Court (RTC), the CA upheld the
right of respondents as claimants and possessors. The appellate “I
Did the Court of Appeals gravely abuse its discretion and [err] in Petitioners’ Memorandum, p. 8; Rollo, p. 283. Original in
9
sustaining the ruling of the Regional Trial Court giving credence upper case.
to the Order dated 2 April 1998 issued by the regional executive 697
director? VOL. 408, AUGUST 12, 2003 697
Heirs of Lourdes Saez Sabanpan vs. Comorposa
“II
First Issue:
The DENR Order of April 2, 1998
Did the Court of Appeals gravely abuse its discretion and err
in sustaining the Regional Trial Court’s ruling giving weight to Petitioners claim that the reliance of the CA upon the April 2,
the CENR Officer’s Certification, which only bears the facsimile of 1998 Order issued by the regional director of the DENR was
the alleged signature of a certain Jose F. Tagorda and, [worse], it erroneous. The reason was that the Order, which had upheld the
is a new matter raised for the first time on appeal? claim of respondents, was supposedly not yet final and executory.
Another Order dated August 23, 1999, 10 issued later by the DENR
“III regional director, allegedly held in abeyance the effectivity of the
earlier one.
Did the Court of Appeals gravely abuse its discretion and err Under the Public Land Act,11 the management and the
in holding that the land subject matter of this case has been disposition of public land is under the primary control of the
acquired by means of adverse possession and prescription? director of lands12 (now the director of the Lands Management
Bureau or LMB),13 subject to review by the DENR secretary. 14 As
“IV a rule, then, courts have no jurisdiction to intrude upon matters
properly falling within the powers of the LMB.
Did the Court of Appeals gravely abuse its discretion, and err The powers given to the LMB and the DENR to alienate and
in declaring that, ‘neither is there error on the part of the dispose of public land does not, however, divest regular courts of
Regional Trial Court, when it did not give importance to the jurisdiction over possessory actions instituted by occupants or
affidavits by Gloria Leano Saez, Noel [Oboza], and Paulina Paran applicants to protect their respective possessions and
for allegedly being self serving?”9 occupations.15 The power to determine who has actual physical
To facilitate the discussion, the fourth and the third issues shall possession or occupation of public land and who has the better
be discussed in reverse sequence. right of possession over it remains with the courts. 16 But once the
The Court’s Ruling DENR has decided, particularly through the grant of a homestead
The Petition has no merit. patent and
_______________ _______________
10
Annex I; Rollo, pp. 9192.
11
Commonwealth Act 141 as amended. new matter being raised by respondents for the first time on
12
§4 of CA 141 as amended. appeal.
13
The LMB absorbed the functions of the Bureau of Lands, We are not persuaded.
which was abolished by Executive Order No. 131, except those In Garvida, the Court held:
line functions that were transmitted to the regional field offices. “A facsimile or fax transmission is a process involving the
14
§3 of CA 141 as amended. transmission and reproduction of printed and graphic matter by
15
Omandam v. Court of Appeals, 349 SCRA 483, January 18, scanning an original copy, one elemental area at a time, and
2001; Solis v. Intermediate Appellate Court, 198 SCRA 267, June representing the shade or tone of each area by a specified amount
19, 1991; Rallon v. Ruiz, Jr., 138 Phil. 347; 28 SCRA 331, May 26, of electric current. x x x”19
1969; Molina v. Bacud, 126 Phil. 166; 19 SCRA 956, April 27, Pleadings filed via fax machines are not considered originals
and are at best exact copies. As such, they are not admissible
1967; Bohayang v. Maceren, 96 Phil. 390, December 29,
in evidence, as there is no way of determining whether they are
1954; Pitargue v. Sorilla, 92 Phil. 5, September 17, 1952. genuine or authentic.20
16
Solis v. Intermediate Appellate Court, supra, citing National The Certification, on the other hand, is being contested for
Development Company v. Hervilla, 151 SCRA 520, June 30, bearing a facsimile of the signature of CENR Officer Jose F.
1987; Espejo v. Malate, 205 Phil. 216; 120 SCRA 269, January 27, Tagorda. The facsimile referred to is not the same as that which
1983. is alluded to in Garvida. The one mentioned here refers to a
698 facsimile signature, which is defined as a signature produced by
698 SUPREME COURT REPORTS ANNOTATED mechanical
Heirs of Lourdes Saez Sabanpan vs. Comorposa
the issuance of a certificate of title, its decision on these points _______________
will normally prevail.17
Therefore, while the issue as to who among the parties are
17
Omandam v. Court of Appeals, supra.
entitled to a piece of public land remains pending with the DENR,
18
338 Phil. 484; 271 SCRA 767, April 18, 1997.
the question of recovery of possession of the disputed property is a
19
Id., p. 496, per Puno, J., citing Webster’s Third New
matter that may be addressed to the courts. International Dictionary (1976), p. 813.
Second Issue: 20
Ibid.
CENR Officer’s Certification 699
Petitioners contend that the CENR Certification dated July 22, VOL. 408, AUGUST 12, 2003 699
1997 is a sham document, because the signature of the CENR Heirs of Lourdes Saez Sabanpan vs. Comorposa
officer is a mere facsimile. In support of their argument, they means but recognized as valid in banking, financial, and business
cite Garvida v. Sales, Jr. 18 and argue that the Certification is a transactions.21
Note that the CENR officer has not disclaimed the 24
§34, Rule 132 of the Rules of Court.
Certification. In fact, the DENR regional director has 25
People v. Carino, 165 SCRA 664, September 26, 1988; Veran
acknowledged and used it as reference in his Order dated April 2, v. Court of Appeals, 157 SCRA 438, January 29, 1988.
1998: 26
Republic of the Philippines v. Court of Appeals, 277 SCRA
“x x x. CENR Officer Jose F. Tagorda, in a ‘CERTIFICATION’
633, August 18, 1997; De los Reyes v. Intermediate Appellate
dated 22 July 1997, certified among others, that: x x x per records
available in his Office, x x x the controverted lot x x x was not Court, 176 SCRA 394, August 11, 1989.
700
allocated to any person x x x.”22
700 SUPREME COURT REPORTS ANNOTATED
If the Certification were a sham as petitioner claims, then the
regional director would not have used it as reference in his Order. Heirs of Lourdes Saez Sabanpan vs. Comorposa
Instead, he would have either verified it or directed the CENR Third Issue:
officer to take the appropriate action, as the latter was under the Affidavit of Petitioners’ Witnesses
former’s direct control and supervision. Petitioners assert that the CA erred in disregarding the Affidavits
Petitioners’ claim that the Certification was raised for the first of their witnesses, insisting that the Rule on Summary Procedure
time on appeal is incorrect. As early as the pretrial conference at authorizes the use of affidavits. They also claim that the failure of
the Municipal Trial Court (MTC), the CENR Certification had respondents to file their position paper and counteraffidavits
already been marked as evidence for respondents as stated in the before the MTC amounts to an admission by silence.
Pretrial Order.23 The Certification was not formally offered, The admissibility of evidence should not be confused with its
however, because respondents had not been able to file their probative value. Admissibility refers to the question of whether
position paper. certain pieces of evidence are to be considered at all, while
Neither the rules of procedure24 nor jurisprudence25would probative value refers to the question of whether the admitted
sanction the admission of evidence that has not been formally evidence proves an issue.27 Thus, a particular item of evidence
offered during the trial. But this evidentiary rule is applicable may be admissible, but its evidentiary weight depends on judicial
only to ordinary trials, not to cases covered by the rule on evaluation within the guidelines provided by the rules of
summary procedure—cases in which no fullblown trial is held. 26 evidence.28
While in summary proceedings affidavits are admissible as the
_______________ witnesses’ respective testimonies, the failure of the adverse party
to reply does not ipso facto render the facts, set forth therein, duly
21
“Facsimile signature,” Webster’s Third New International proven. Petitioners still bear the burden of proving their cause of
Dictionary(1976), p. 813. action, because they are the ones asserting an affirmative relief. 29
22
Rollo, p. 104.
23
Id., p. 121.
Fourth Issue: G.R. No. 193531. December 6, 2011.*
Defense of Prescription ELLERY MARCH G. TORRES, petitioner, vs. PHILIPPINE
Petitioners claim that the court a quo erred in upholding the AMUSEMENT and GAMING CORPORATION, represented by
defense of prescription proffered by respondents. It is the former’s ATTY. CARLOS R. BAUTISTA, JR., respondent.
contention that since the latter’s possession of the land was Civil Procedure; Pleadings and Practice; Motion for
merely being tolerated, there was no basis for the claim of Reconsideration; A motion for reconsideration may either be filed
prescription. We disagree. by mail or personal delivery; Movant has 15 days from receipt of
For the Court to uphold the contention of petitioners, they the decision within which to file a motion for reconsideration or
have first to prove that the possession of respondents was by
an appeal therefrom.—A motion for reconsideration may either be
mere tolerance. The only pieces of evidence submitted by the
filed by mail or personal delivery. When a motion for
former to support their claim were a technical description and a
reconsideration was sent by mail, the same shall be deemed filed
vicinity map drawn in accordance with the survey dated May 22,
on the date shown by the postmark on the envelope which shall
1936.30 Both of these were discredited by the CENR Certification,
be attached to the records of the case. On the other hand, in case
which indicated that the contested lot had not yet been allocated
of personal delivery, the motion is deemed filed on the date
to any person when the survey was conducted. 31 The testimony of
stamped thereon by the proper office. And the movant has 15
petitioners’ witnesses alone cannot prevail over respondents’
days from receipt of the decision within which to file a motion for
continued and uninterrupted possession of the subject lot for a
reconsideration or an appeal therefrom.
considerable length of time.
Furthermore, this is an issue of fact that cannot, as a rule, be Same; Same; Same; The mode used by petitioner in filing his
raised in a petition for review under Rule 45.32 reconsideration is not sanctioned by the Uniform Rules on
WHEREFORE, the Petition is DENIED and the assailed Administrative Cases in the Civil Service.—Even
Decision AFFIRMED. Costs against petitioners. assuming arguendo that petitioner indeed submitted a letter
SO ORDERED. reconsideration which he claims was sent through a facsimile
Puno (Chairman), SandovalGutierrez, Corona and Carpi transmission, such letter reconsideration did not toll the period to
oMorales, JJ., concur. appeal. The mode used by petitioner in filing his reconsideration
Petition denied, assailed decision affirmed. is not sanctioned by the Uniform Rules on Administrative Cases
Note.—The burden of proof in land registration cases is in the Civil Service. As we stated
incumbent on the applicant who must show that he is the real _______________
and absolute owner in fee simple of the land applied for. * EN BANC.
622
(Turquesa vs. Valera, 322 SCRA 573 [2000])
6 SUPREME COURT REPORTS ANNOTATED
——o0o—— 22
Torres vs. Philippines Amusement and Gaming Corporation the Best Evidence Rule and is not admissible as electronic
earlier, the motion for reconsideration may be filed only in evidence.
two ways, either by mail or personal delivery. PETITION for review on certiorari of the decision and resolution
Pleadings and Practice; Evidence; Electronic Commerce Act; of the Court of Appeals.
A facsimile is not a genuine and authentic pleading; It is, at best, The facts are stated in the opinion of the Court.
an exact copy preserving all the marks of an original.—In Garvida Jackson Visda Yabut for petitioner.
v. Sales, Jr., 271 SCRA 767 (1997), we found inadmissible in Roderick R. Consolacion, Arnold Ferdinand C.
evidence the filing of pleadings through fax machines and ruled Salvosa and Marianito V. Sagsagat for private respondent.
that: x x x x x x A facsimile is not a genuine and authentic 623
pleading. It is, at best, an exact copy preserving all the marks of VOL. 661, DECEMBER 6, 2011 623
an original. Without the original, there is no way of determining Torres vs. Philippines Amusement and Gaming Corporation
on its face whether the facsimile pleading is genuine and PERALTA, J.:
authentic and was originally signed by the party and his counsel. Petitioner Ellery March G. Torres seeks to annul and set aside
It may, in fact, be a sham pleading. the Decision1 dated April 22, 2010 of the Court of Appeals (CA) in
Same; Same; Same; A facsimile transmission is not CAG.R. SP No. 110302, which dismissed his petition seeking
considered as an electronic evidence under the Electronic reversal of the Resolutions dated June 23, 2008 2 and July 28,
Commerce Act; The terms “electronic data message” and 20093 of the Civil Service Commission (CSC). Also assailed is the
“electronic document” as defined under the Electronic Commerce CA Resolution4dated July 30, 2010 denying petitioner’s motion for
reconsideration.
Act of 2000, do not include a facsimile transmission.—A facsimile
Petitioner was a Slot Machine Operations Supervisor (SMOS)
transmission is not considered as an electronic evidence under the
of respondent Philippine Amusement and Gaming Corporation
Electronic Commerce Act. In MCC Industrial Sales Corporation
(PAGCOR). On the basis of an alleged intelligence report of
v. Ssangyong Corporation, 536 SCRA 408 (2007), We determined padding of the Credit Meter Readings (CMR) of the slot machines
the question of whether the original facsimile transmissions are at PAGCORHyatt Manila, then Casino FilipinoHyatt (CF
“electronic data messages” or “electronic documents” within the Hyatt), which involved the slot machine and internal security
context of the Electronic Commerce Act, and We said: We, personnel of respondent PAGCOR, and in connivance with slot
therefore, conclude that the terms “electronic data message” and machine customers, respondent PAGCOR’s Corporate
“electronic document,” as defined under the Electronic Commerce Investigation Unit (CIU) allegedly conducted an investigation to
Act of 2000, do not include afacsimile transmission. Accordingly, a verify the veracity of such report. The CIU discovered the scheme
facsimile transmission cannot be considered as electronic of CMR padding which was committed by adding zero after the
first digit of the actual CMR of a slot machine or adding a digit
evidence. It is not the functional equivalent of an original under
before the first digit of the actual CMR, e.g., a slot machine with
an actual CMR of P5,000.00 will be issued a CMR receipt with the These anomalous transactions were consummated through your
amount of either P50,000.00 or P35,000.00.5 Based on the CIU’s direct participation and active cooperation of your coemployees
investigation of all the CMR receipts and slot machine jackpot and customers. With malice afterthought, you embezzled and
slips issued by CF Hyatt for the months of February and March stole monies from PAGCOR, thereby resulting in substantial
2007, the CIU identified the members of the syndicate who were losses to the proprietary interest of PAGCOR.”8
responsible for such CMR padding, which included herein On the same day, another Memorandum of Charges 9signed by
petitioner.6 Rogelio Y. Bangsil, Jr., Senior Branch Manager, CF Hyatt
_______________ Manila, was issued to petitioner informing him of the charge of
1 Penned by Presiding Justice Andres B. Reyes, Jr., with dishonesty (padding of anomalous SM jackpot receipts). Petitioner
Associate Justices Japar B. Dimaampao and Stephen C. Cruz, was then required to explain in writing within seventytwo (72)
concurring; Rollo, pp. 3344. hours from receipt thereof why he should not be sanctioned or
2 Penned by Commissioner Mary Ann Z. Fernandez dismissed. Petitioner was placed under preventive suspension
Mendoza; id., at pp. 6273. effective immediately until further orders.
On May 7, 2007, petitioner wrote Manager Bangsil a letter
3 Id., at pp. 7583.
explanation/refutation10 of the charges against him. He denied
4 Penned by Presiding Justice Andres B. Reyes, Jr., with
any involvement or participation in any fraudulent manipulation
Associate Justices Japar B. Dimaampao and Stephen C. Cruz,
of the CMR or padding of the slot machine receipts, and he asked
concurring; id., at pp. 129131. for a formal investigation of the accusations against him.
5 CA Rollo, p. 84. On August 4, 2007, petitioner received a letter 11 dated August
6 Id., at pp. 8586. 2, 2007 from Atty. Lizette F. Mortel, Managing Head of
624 PAGCOR’s
624 SUPREME COURT REPORTS ANNOTATED _______________
Torres vs. Philippines Amusement and Gaming Corporation 7 Rollo, p. 91.
On May 4, 2007, the CIU served petitioner with a 8 Id.
Memorandum of Charges7 for dishonesty, serious misconduct, 9 Id., at p. 92.
fraud and violation of office rules and regulations which were 10 Id., at pp. 9394.
considered grave offenses where the penalty imposable is
11 Id., at p. 95.
dismissal. The summary description of the charges stated:
625
“Sometime between November 2006 and March 2007, you
facilitated and actively participated in the fraudulent scheme VOL. 661, DECEMBER 6, 2011 625
with respect to irregular manipulation of Credit Meter Reading Torres vs. Philippines Amusement and Gaming Corporation
(CMR) which, in turn, led to the misappropriation of money Human Resource and Development Department, dismissing him
earmarked for the slot machine jackpot at CF Hyatt Manila. from the service. The letter reads in part, to wit:
“Please be informed that the Board of Directors, in its meeting _______________
on July 31, 2007, approved the recommendation of the 12 Id.
Adjudication Committee to dismiss you from the service effective 13 Id., at pp. 8490.
upon approval due to the following offense: 626
Dishonesty, gross misconduct, serious violations of office rules
626 SUPREME COURT REPORTS ANNOTATED
and regulations, conduct prejudicial to the best interests of the
Torres vs. Philippines Amusement and Gaming Corporation
company and loss of trust and confidence, committed as follows:
and manner provided by the Uniform Rules on Administrative
For actively and directly participating in a scheme to defraud the
Cases in the Civil Service Law.
company in conspiracy with coemployees and SM customers by
On June 23, 2008, the CSC, treating petitioner’s complaint as
padding slot machine Credit Meter Reading (CMR) receipts in
an appeal from the PAGCOR’s decision dismissing petitioner from
favor of coconspirator customers who had said (sic) CMR receipts
the service, issued Resolution No. 081204 denying petitioner’s
paid at the teller’s booth on numerous occasions which caused
appeal. The dispositive portion of which reads as follows:
substantial losses to the proprietary interests of PAGCOR.”12
“WHEREFORE, the instant appeal of Ellery March G. Torres
On September 14, 2007, petitioner filed with the CSC a
is hereby DENIED. Accordingly, the decision contained in a letter
Complaint13 against PAGCOR and its Chairman Efraim Genuino
dated August 2, 2007 of Lizette F. Mortel, Managing Head,
for illegal dismissal, nonpayment of backwages and other
Human Resource and Development Department (HRDD),
benefits. The complaint alleged among others: (1) that he denied
PAGCOR, finding him guilty of Dishonesty, Gross Misconduct,
all the charges against him; (2) that he did ask for a formal
Serious Violation of Office Rules and Regulations, Conduct
investigation of the accusations against him and for PAGCOR to
Prejudicial to the Best Interest of the Service and Loss of Trust
produce evidence and proofs to substantiate the charges, but
and Confidence and imposing upon him the penalty of dismissal
respondent PAGCOR did not call for any formal administrative
from the service, is hereby AFFIRMED. The penalty of dismissal
hearing; (3) that he tried to persuade respondent PAGCOR to
carries with it the accessory penalties of forfeiture of retirement
review and reverse its decision in a letter of reconsideration dated
benefits, cancellation of eligibility, perpetual disqualification from
August 13, 2007 addressed to the Chairman, the members of the
reemployment in the government service, and bar from taking
Board of Directors and the Merit Systems Protection Board; and
future Civil Service Examination.”14
(4) that no resolution was issued on his letter reconsideration,
In so ruling, the CSC found that the issue for resolution was
thus, the filing of the complaint. Petitioner claimed that as a
whether petitioner’s appeal had already prescribed which the
result of his unlawful, unjustified and illegal
former answered in the positive. The CSC did not give credit to
termination/dismissal, he was compelled to hire the services of a
petitioner’s claim that he sent a facsimile transmission of his
counsel in order to protect his rights.
letter reconsideration within the period prescribed by the
Respondent PAGCOR filed its Comment wherein it alleged,
Uniform Rules on Administrative Cases in the Civil Service. It
among others, that petitioner failed to perfect an appeal within
found PAGCOR’s denial of having received petitioner’s letter
the period
more credible as it was supported by certifications issued by its resolution revealed that the telephone numbers where petitioner
employees. It found that a verification of one of the telephone claimed to be the recipient of the faxed document sent was not
numbers where petitioner allegedly sent his letter reconsideration that of PAGCOR’s Office of Board of Directors. The CA found
disclosed that such number did not belong to the PAGCOR’s baseless and conjectural petitioner’s claim that PAGCOR can
Office of the Board of Directors; and that petitioner should have easily deny having received the letter by giving orders to their
mentioned about the alleged facsimile transmission at the first employees to execute an affidavit of denial under pain and threat
instance when he filed his complaint and not only when of administrative sanction or termination from service.
respondent PAGCOR raised the issue of prescription in its The CA then concluded that PAGCOR’s decision which was
Comment. contained in a letter dated August 4, 2007 dismissing petitioner
Petitioner’s motion for a reconsideration was denied in CSC from the service had already attained finality since there was no
Resolution No. 091105 dated July 28, 2009. motion for reconsideration filed by petitioner in the manner and
_______________ within the period provided for under the Revised Uniform Rules
14 Id., at p. 73. on the Administrative Cases in the Civil Service.
627 Petitioner’s motion for reconsideration was denied in a
VOL. 661, DECEMBER 6, 2011 627 Resolution dated July 30, 2010.
Hence, this petition where petitioner states the errors
Torres vs. Philippines Amusement and Gaming Corporation
committed by the CA in this wise:
Petitioner filed with the CA a petition for review under Rule
“The first issue that should be resolved is:
43 of the Rules of Court seeking to set aside the twin resolutions
1. Whether or not the Court of Appeals erred when it
issued by the CSC.
affirmed the dismissal of petitioner based merely on technicality
On April 22, 2010, the CA issued its assailed decision
without considering the
dismissing the petition for lack of merit.
628
In dismissing the petition, the CA found that petitioner failed
to adduce clear and convincing evidence that he had filed a 628 SUPREME COURT REPORTS ANNOTATED
motion for reconsideration. It found insufficient to merit Torres vs. Philippines Amusement and Gaming Corporation
consideration petitioner’s claim that he had sent through a allegations on summary and arbitrary dismissal based on
facsimile transmission a letter/reconsideration dated August 13, fabricated and unfounded accusations.
2007 addressed to PAGCOR’s Chairman, members of the Board of Next to be raised were the issues propounded in petitioner’s
Directors and the Merit Systems Protection Board; that Memorandum dated 29 January 2010 but were not tackled upon
assuming arguendo that a letter reconsideration was indeed sent by the Court of Appeals, thus:
through a facsimile transmission, such facsimile transmission is A. Whether or not the Civil Service Commission erred in
inadmissible as electronic evidence under the Electronic ruling that there was no valid letter/motion for reconsideration
Commerce Act of 2000; and that a review of the CSC assailed submitted to reconsider petitioner’s dismissal from the service;
B. Whether or not the Civil Service Commission erred in We are not persuaded.
giving more weight to PAGCOR’s denial of having received Sections 37, 38, 39, and 43 of the Revised Uniform Rules on
petitioner’s letter of reconsideration; Administrative Cases in the Civil Service, which are applicable to
C. Whether or not the Civil Service Commission erred in not this case, respectively provide, to wit:
acting/resolving the ExParte Motion to Issue Subpoena Duces “Section 37. Finality of Decisions.—A decision rendered by
Tecum; heads of agencies whereby a penalty of suspension for not more
D. Whether or not the Civil Service Commission erred in than thirty days or a fine in an amount not exceeding thirty (30)
ruling that petitioner’s failure to send his letter reconsideration days’ salary is imposed, shall be final and executory. However, if
through mail or by personal service as set forth in the Rules of the penalty imposed is suspension exceeding thirty days, or fine
Court, he forfeited his right to appeal; and in an amount exceeding thirty days’ salary, the same shall be
E. Whether or not the Civil Service Commission erred in final and executory after the lapse of the reglementary period for
favoring PAGCOR’s dismissal of petitioner from employment filing a motion for reconsideration or an appeal and no such
based on hearsay, imaginary and nonexistent evidence.” 15 pleading has been filed.
The threshold issue for resolution is whether the CA erred Section 38. Filing of motion for reconsideration.—The party
when it affirmed the CSC’s dismissal of the appeal for being filed adversely affected by the decision may file a motion for
beyond the reglementary period. reconsideration with the disciplining authority who rendered the
Petitioner contends that he filed his letter reconsideration of same within fifteen days from receipt thereof.
his dismissal16 on August 13, 2007, which was within the 15day Section 39. When deemed filed.—A motion for
period for filing the same; and that he did so by means of a reconsideration sent by mail shall be deemed filed on the date
facsimile transmission sent to the PAGCOR’s Office of the Board shown by the postmark on the envelope which shall be attached
of Directors. He claims that the sending of documents thru to the records of the case and in case of personal delivery, the date
electronic data message, which includes facsimile, is sanctioned stamped thereon by the proper office.
under Republic Act No. 8792, the Electronic Commerce Act of Section 43. Filing of Appeals.—Decisions of heads of
2000. Petitioner further contends that since his letter departments, agencies, provinces, cities, municipalities and other
reconsideration was not acted upon by PAGCOR, he then filed his instrumentalities imposing a penalty exceeding thirty (30) days
complaint before the CSC. suspension or fine in an amount exceeding thirty (30) days’
_______________ salary, maybe appealed to the Commission Proper within a period
15 Id., at pp. 1011. of fifteen (15) days from receipt thereof.”
16 Id., at pp. 96100. Clearly, a motion for reconsideration may either be filed by
629 mail or personal delivery. When a motion for reconsideration was
VOL. 661, DECEMBER 6, 2011 629 sent by mail, the same shall be deemed filed on the date shown by
Torres vs. Philippines Amusement and Gaming Corporation the postmark on the envelope which shall be attached to the
records of the case. On the other hand, in case of personal receiver to reproduce an image of the elemental area in the proper
delivery, the motion is deemed filed on the date stamped thereon position and the correct shade. The receiver is equipped with a
by the proper office. And the movant has 15 days from receipt of stylus or other device that produces a printed record on paper
the decision within which to file a motion for reconsideration or referred to as a facsimile.
an appeal therefrom. x x x A facsimile is not a genuine and authentic pleading. It is, at
Petitioner received a copy of the letter/notice of dismissal on best, an exact copy preserving all the marks of an original.
August 4, 2007; thus, the motion for reconsideration should have Without the original, there is no way of determining on its face
been submitted either by mail or by personal delivery on or before whether the facsimile pleading is genuine and authentic and was
August 19, 2007. However, records do not show that petitioner originally signed by the party and his counsel. It may, in fact, be a
had filed his sham pleading. x x x”18
630 Moreover, a facsimile transmission is not considered as an
630 SUPREME COURT REPORTS ANNOTATED electronic evidence under the Electronic Commerce Act. In MCC
Torres vs. Philippines Amusement and Gaming Corporation Industrial Sales Corporation v. Ssangyong Corporation,19 We
motion for reconsideration. In fact, the CSC found that the non determined the question of whether the original facsimile
receipt of petitioner’s letter reconsideration was duly supported transmissions are “electronic data messages” or “electronic
by certifications issued by PAGCOR employees. documents” within the context of the Electronic Commerce Act,
Even assuming arguendo that petitioner indeed submitted a and We said:
letter reconsideration which he claims was sent through a _______________
facsimile transmission, such letter reconsideration did not toll the 17 G.R. No. 124893, April 18, 1997, 271 SCRA 767.
period to appeal. The mode used by petitioner in filing his 18 Id., at p. 779. (Citations omitted.)
reconsideration is not sanctioned by the Uniform Rules on 19 G.R. No. 170633, October 17, 2007, 536 SCRA 408.
Administrative Cases in the Civil Service. As we stated earlier, 631
the motion for reconsideration may be filed only in two ways, VOL. 661, DECEMBER 6, 2011 631
either by mail or personal delivery. Torres vs. Philippines Amusement and Gaming Corporation
In Garvida v. Sales, Jr.,17 we found inadmissible in evidence “We, therefore, conclude that the terms “electronic data
the filing of pleadings through fax machines and ruled that:
message” and “electronic document,” as defined under the
“A facsimile or fax transmission is a process involving the
Electronic Commerce Act of 2000, do not include a facsimile
transmission and reproduction of printed and graphic matter by
scanning an original copy, one elemental area at a time, and transmission. Accordingly, a facsimile transmission cannot be
representing the shade or tone of each area by a specified amount considered as electronic evidence. It is not the functional
of electric current. The current is transmitted as a signal over equivalent of an original under the Best Evidence Rule and is not
regular telephone lines or via microwave relay and is used by the admissible as electronic evidence.” (Italics ours.)20
We, therefore, found no reversible error committed by the CA 20 Id., at p. 455.
when it affirmed the CSC in dismissing petitioner’s appeal. 21 G.R. No. 159520, September 19, 2006, 502 SCRA 383.
Petitioner filed with the CSC a complaint against PAGCOR and 632
its Chairman for illegal dismissal, nonpayment of backwages and 632 SUPREME COURT REPORTS ANNOTATED
other benefits on September 14, 2007. The CSC treated the
Torres vs. Philippines Amusement and Gaming Corporation
complaint as an appeal from the PAGCOR’s dismissal of
and executory judgments can no longer be attacked by any of the
petitioner. Under Section 43 which we earlier quoted, petitioner
parties or be modified, directly or indirectly, even by the highest
had 15 days from receipt of the letter of dismissal to file his
court of the land. Just as the losing party has the right to file an
appeal. However, at the time petitioner filed his complaint with
appeal within the prescribed period, so also the winning party has
the CSC, which was considered as petitioner’s appeal, 41 days
the correlative right to enjoy the finality of the resolution of the
had already elapsed from the time he received his letter of
case.”22
dismissal on August 4, 2007; hence, the CSC correctly found that
WHEREFORE, the petition is DENIED. The Decision dated
it has no jurisdiction to entertain the appeal since petitioner’s
April 22, 2010 and the Resolution dated July 30, 2010 of the
dismissal had already attained finality. Petitioner’s dismissal
Court of Appeals are hereby AFFIRMED.
from the service became final and executory after he failed to file
SO ORDERED.
his motion for reconsideration or appeal in the manner and
Corona (C.J.), Carpio, LeonardoDe Castro, Brion,
within the period provided for under the Revised Uniform Rules
on Administrative Cases in the Civil Service. Bersamin, Del Castillo, Abad, Villarama, Jr., Perez, Mendoza,
In Peña v. Government Service and Insurance System,21We Sereno, Reyes and PerlasBernabe, JJ., concur.
said: Velasco, Jr., J., On Official Leave.
“Noteworthy is that the right to appeal is neither a natural Petition denied, judgment and resolution affirmed.
right nor a part of due process, except where it is granted by Note.—Republic Act (R.A.) No. 8792, otherwise known as the
statute in which case it should be exercised in the manner and in Electronic Commerce Act of 2000, does not make the internet a
accordance with the provisions of law. In other words, appeal is a medium for publishing laws, rules and regulations. (Garcillano
right of statutory and not of constitutional origin. The perfection
vs. The House of Representatives Committees on Public
of an appeal in the manner and within the period prescribed by
Information, Public Order and Safety, National Defense and
law is not only mandatory but also jurisdictional and the failure
Security, Information and Communications Technology, and
of a party to conform to the rules regarding appeal will render the
Suffrage and Electoral Reforms, 575 SCRA 170 [2008]).
judgment final and executory and, hence, unappealable, for it is
more important that a case be settled than it be settled right. ——o0o——
Furthermore, it is axiomatic that final _______________
_______________ 22 Id., at pp. 396397. (Italics supplied.)
© Copyright 2018 Central Book Supply, Inc. All rights common child, or against her child whether legitimate or
reserved. illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. x x x
x Section 5 identifies the act or acts that constitute violence
against women and these include any form of harassment that
causes substantial emotional or psychological distress to a
woman. Thus: “SEC. 5. Acts of Violence Against Women and
Their Children.—The crime of violence against women and
their children is committed through any of the following
acts: x x x x h. Engaging in purposeful, knowing, or
reckless conduct, personally or through another, that
G.R. No. 182835. April 20, 2010.* alarms or causes substantial emotional or psychological
RUSTAN ANG y PASCUA, petitioner, vs. THE HONORABLE distress to the woman or her child. This shall include, but
COURT OF APPEALS and IRISH SAGUD, respondents. not be limited to, the following acts: x x x x 5. Engaging in
Criminal Law; Violence against Women; Republic Act No. any form of harassment or violence.”
9262; Section 3(a) of R.A. 9262 provides that violence against Same; Same; Same; Elements of the Crime of Violence
women includes an act or acts of a person against a woman with against Women.—The elements of the crime of violence against
whom he has or had a sexual or dating relationship that include women through harassment are: 1. The offender has or had a
any form of harassment that causes substantial emotional or sexual or
psychological distress to a woman.—Section 3(a) of R.A. 9262
provides that violence against women includes an act or acts of a _______________
person against a woman with whom he has or had a sexual or
* SECOND DIVISION.
dating relationship. Thus: “SEC. 3. Definition of Terms.—As
583
used in this Act, (a) “Violence against women and their
VOL. 618, APRIL 20, 2010 583
children” refers to any act or a series of acts committed by
any person against a woman who is his wife, former wife, Ang vs. Court of Appeals
or against a woman with whom the person has or had a dating relationship with the offended woman; 2. The
offender, by himself or through another, commits an act or series
sexual or dating relationship, or with whom he has a
of acts of harassment against the woman; and 3. The harassment Same; Same; Same; Section 3(a) of R.A. 9262 punishes “any
alarms or causes substantial emotional or psychological distress act or series of acts” that constitutes violence against women—this
to her.
means that a single act of harassment, which translates into
Same; Same; Same; Words and Phrases; “Dating
violence, would be enough.—Section 3(a) of R.A. 9262 punishes
Relationship,” Defined; A “dating relationship” includes a “any act or series of acts” that constitutes violence against
situation where the parties are romantically involved over time women. This means that a single act of harassment, which
and on a continuing basis during the course of the relationship.— translates into violence, would be enough. The object of the law is
Section 3(e) provides that a “dating relationship” includes a to protect women and children. Punishing only violence that is
situation where the parties are romantically involved over time repeatedly committed would license isolated ones.594
and on a continuing basis during the course of the relationship. 5 SUPREME COURT REPORTS ANNOTATED
Thus: (e) “Dating relationship” refers to a situation 94
wherein the parties live as husband and wife without the Ang vs. Court of Appeals
benefit of marriage or are romantically involved over time
Evidence; Rules on Electronic Evidence (A.M. 01701SC);
and on a continuing basis during the course of the
The Rules on Electronic Evidence applies only to civil actions,
relationship. A casual acquaintance or ordinary
quasijudicial proceedings, and administrative proceedings.—
socialization between two individuals in a business or
Rustan claims that the obscene picture sent to Irish through a
social context is not a dating relationship.
text message constitutes an electronic document. Thus, it should
Same; Same; Same; Same; “Sexual Relations,” Defined; be authenticated by means of an electronic signature, as provided
Sexual relations refers to a single sexual act which may or may under Section 1, Rule 5 of the Rules on Electronic Evidence (A.M.
not result in the bearing of a common child.—R.A. 9262 provides 01701SC). But, firstly, Rustan is raising this objection to the
in Section 3 that “violence against women x x x refers to any act admissibility of the obscene picture, Exhibit “A”, for the first time
or a series of acts committed by any person against a woman x x x before this Court. The objection is too late since he should have
with whom the person has or had objected to the admission of the picture on such ground at the
a sexual or dating relationship.” Clearly, the law itself time it was offered in evidence. He should be deemed to have
distinguishes a sexual relationship from a dating relationship. already waived such ground for objection. Besides, the rules he
Indeed, Section 3(e) above defines “dating relationship” while cites do not apply to the present criminal action. The Rules on
Section 3(f) defines “sexual relations.” The latter “refers to a Electronic Evidence applies only to civil actions, quasijudicial
single sexual act which may or may not result in the bearing of a proceedings, and administrative proceedings.
common child.” The dating relationship that the law contemplates PETITION for review on certiorari of the decision and resolution
can, therefore, exist even without a sexual intercourse taking of the Court of Appeals.
place between those involved. The facts are stated in the opinion of the Court.
Padilla, Padolina, Padilla, Ignacio & Associates Law University in Aurora Province. Rustan courted Irish and they
Offices for petitioner. became “onandoff” sweethearts towards the end of 2004. When
Irish learned afterwards that Rustan had taken a livein partner
The Solicitor General for respondent.
(now his wife), whom he had gotten pregnant, Irish broke up with
ABAD, J.: him.
This case concerns a claim of commission of the crime of Before Rustan got married, however, he got in touch with Irish
violence against women when a former boyfriend sent to the girl and tried to convince her to elope with him, saying that he did not
the picture of a naked woman, not her, but with her face on it. love the woman he was about to marry. Irish rejected the proposal
The Indictment and told Rustan to take on his responsibility to the other woman
The public prosecutor charged petitioneraccused Rustan Ang and their child. Irish changed her cellphone number but Rustan
(Rustan) before the Regional Trial Court (RTC) of Baler, Aurora, somehow managed to get hold of it and sent her text messages.
of violation of the AntiViolence Against Women and Their Rustan used two cellphone numbers for sending his messages,
Children Act or Republic Act (R.A.) 9262 in an information that namely, 09204769301 and 09218084768. Irish replied to his text
reads:595 messages but it was to ask him to leave her alone.
VOL. 618, APRIL 20, 2010 595 In the early morning of June 5, 2005, Irish received through
Ang vs. Court of Appeals multimedia message service (MMS) a picture of a naked woman
“That on or about June 5, 2005, in the Municipality of with spread legs and with Irish’s face superim
Maria Aurora, Province of Aurora, Philippines and within
the jurisdiction of this Honorable Court, the said accused _______________
willfully, unlawfully and feloniously, in a purposeful and
1 Docketed as Criminal Case 3493.
reckless conduct, sent through the Short Messaging
596
Service (SMS) using his mobile phone, a pornographic
596 SUPREME COURT REPORTS ANNOTATED
picture to one Irish Sagud, who was his former girlfriend,
Ang vs. Court of Appeals
whereby the face of the latter was attached to a
posed on the figure (Exhibit “A”). 2 The sender’s cellphone number,
completely naked body of another woman making it to
stated in the message, was 09218084768, one of the numbers
appear that it was said Irish Sagud who is depicted in the
that Rustan used. Irish surmised that he copied the picture of her
said obscene and pornographic picture thereby causing face from a shot he took when they were in Baguio in 2003
substantial emotional anguish, psychological distress and (Exhibit “B”).3
humiliation to the said Irish Sagud.”1 After she got the obscene picture, Irish got other text
The Facts and the Case messages from Rustan. He boasted that it would be easy for him
The evidence for the prosecution shows that complainant Irish to create similarly scandalous pictures of her. And he threatened
Sagud (Irish) and accused Rustan were classmates at Wesleyan to spread the picture he sent through the internet. One of the
messages he sent to Irish, written in text messaging shorthand, the body and the face had a lighter color. In his opinion, the
read: “Madali lang ikalat yun, my chatrum ang tarlac rayt pwede picture was fake and the face on it had been copied from the
ring send sa lahat ng chatter.”4 picture of Irish in Exhibit “B”. Finally, Gonzales explained how
Irish sought the help of the vice mayor of Maria Aurora who this could be done, transferring a picture from a computer to a
referred her to the police. Under police supervision, Irish cellphone like the Sony Ericsson P900 seized from Rustan.
contacted Rustan through the cellphone numbers he used in For his part, Rustan admitted having courted Irish. He began
sending the picture and his text messages. Irish asked Rustan to visiting her in Tarlac in October 2003 and their relation lasted
meet her at the Lorentess Resort in Brgy. Ramada, Maria Aurora, until December of that year. He claimed that after their relation
and he did. He came in a motorcycle. After parking it, he walked ended, Irish wanted reconciliation. They met in December 2004
towards Irish but the waiting police officers intercepted and but, after he told her that his girlfriend at that time (later his
arrested him. They searched him and seized his Sony Ericsson wife) was already pregnant, Irish walked out on him.
P900 cellphone and several SIM cards. While Rustan was being Sometime later, Rustan got a text message from Irish, asking
him to meet her at Lorentess Resort as she needed his help in
questioned at the police station, he shouted at Irish: “Malandi ka
selling her cellphone. When he arrived at the place, two police
kasi!” officers approached him, seized his cellphone and the contents of
Joseph Gonzales, an instructor at the Aurora State College of his pockets, and brought him to the police station.
Technology, testified as an expert in information technology and Rustan further claims that he also went to Lorentess because
computer graphics. He said that it was very much possible for one Irish asked him to help her identify a prankster who was sending
to lift the face of a woman from a picture and superimpose it on her malicious text messages. Rustan got the sender’s number and,
the body of another woman in another picture. Pictures can be pretending to be Irish, contacted the person. Rustan claims that
manipulated and enhanced by computer to make it appear that he got back obscene messages from the prankster, which he
the face and the body belonged to just one person. forwarded to Irish from his cellphone. This explained, he said,
why the obscene messages appeared to have originated from his
_______________
cellphone number. Rustan claims that it was Irish herself who
sent the obscene picture (Exhibit “A”) to him. He presented six
2 Records, p. 69.
pictures of a woman whom he identified as Irish (Exhibits “2” to
3 Id., at p. 70. “7”).5
4 Exhibit “D” and submarkings, id., at pp. 7276. Michelle Ang (Michelle), Rustan’s wife, testified that she was
597 sure Irish sent the six pictures. Michelle claims that she received
VOL. 618, APRIL 20, 2010 597 the pictures and hid the memory card (Exhibit “8”)
Ang vs. Court of Appeals
Gonzales testified that the picture in question (Exhibit “A”) _______________
had two distinct irregularities: the face was not proportionate to
5 Id., at pp. 156159. _______________
598
598 SUPREME COURT REPORTS ANNOTATED 6 Rollo, p. 38.
Ang vs. Court of Appeals 7 Docketed as CAG.R. CR 30567.
that contained them because she was jealous and angry. She did 8 Penned by then Associate Justice Mariano C. Del Castillo
not want to see anything of Irish. But, while the woman in the (now a member of this Court), and concurred in by Associate
pictures posed in sexy clothing, in none did she appear naked as Justices Arcangelita RomillaLontok and Romeo F. Barza.
in Exhibit “A”. Further, the face of the woman in Exhibits “2”, “4”, 599
“5” and “6” could not be seen. Irish denied that she was the VOL. 618, APRIL 20, 2010 599
woman in those four pictures. As for Exhibits “3” and “7”, the Ang vs. Court of Appeals
woman in the picture was fully dressed. The subordinate issues are:
After trial, the RTC found Irish’s testimony completely 1. Whether or not a “dating relationship” existed between
credible, given in an honest and spontaneous manner. The RTC Rustan and Irish as this term is defined in R.A. 9262;
observed that she wept while recounting her experience, 2. Whether or not a single act of harassment, like the
prompting the court to comment: “Her tears were tangible sending of the nude picture in this case, already constitutes a
expression of pain and anguish for the acts of violence she violation of Section 5(h) of R.A. 9262;
suffered in the hands of her former sweetheart. The crying of the 3. Whether or not the evidence used to convict Rustan was
victim during her testimony is evidence of the credibility of her obtained from him in violation of his constitutional rights; and
charges with the verity borne out of human nature and 4. Whether or not the RTC properly admitted in evidence the
experience.”6 Thus, in its Decision dated August 1, 2001, the RTC obscene picture presented in the case.
found Rustan guilty of the violation of Section 5(h) of R.A. 9262. The Court’s Rulings
On Rustan’s appeal to the Court of Appeals (CA), 7 the latter Section 3(a) of R.A. 9262 provides that violence against women
rendered a decision dated January 31, 2008,8affirming the RTC includes an act or acts of a person against a woman with whom he
decision. The CA denied Rustan’s motion for reconsideration in a has or had a sexual or dating relationship. Thus:
resolution dated April 25, 2008. Thus, Rustan filed the present for “SEC. 3. Definition of Terms.—As used in this Act,
review on certiorari. (a) “Violence against women and their children”
The Issues Presented refers to any act or a series of acts committed by any
The principal issue in this case is whether or not accused person against a woman who is his wife, former wife, or
Rustan sent Irish by cellphone message the picture with her face against a woman with whom the person has or had a
pasted on the body of a nude woman, inflicting anguish, sexual or dating relationship, or with whom he has a
psychological distress, and humiliation on her in violation of common child, or against her child whether legitimate or
Section 5(h) of R.A. 9262. illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, One. The parties to this case agree that the prosecution
psychological harm or suffering, or economic abuse needed to prove that accused Rustan had a “dating relationship”
including threats of such acts, battery, assault, coercion, with Irish. Section 3(e) provides that a “dating relationship”
harassment or arbitrary deprivation of liberty. includes a situation where the parties are romantically involved
x x x x” over time and on a continuing basis during the course of the
Section 5 identifies the act or acts that constitute violence relationship. Thus:
against women and these include any form of harassment that “(e) “Dating relationship” refers to a situation wherein
causes substantial emotional or psychological distress to a the parties live as husband and wife without the benefit of
woman. Thus:600 marriage or are romantically involved over time and on a
600 SUPREME COURT REPORTS ANNOTATED continuing basis during the course of the relationship. A
Ang vs. Court of Appeals casual acquaintance or ordinary socialization between
“SEC. 5. Acts of Violence Against Women and Their two individuals in a business or social context is not a
Children.—The crime of violence against women and their dating relationship.” (Underscoring supplied.)
children is committed through any of the following acts: 601
x x x x VOL. 618, APRIL 20, 2010 601
h. Engaging in purposeful, knowing, or reckless Ang vs. Court of Appeals
conduct, personally or through another, that alarms or Here, Rustan claims that, being “romantically involved,”
causes substantial emotional or psychological distress to implies that the offender and the offended woman have or had
the woman or her child. This shall include, but not be sexual relations. According to him, “romance” implies a sexual
act. He cites Webster’s Comprehensive Dictionary Encyclopedia
limited to, the following acts:
Edition which provides a colloquial or informal meaning to the
x x x x
word “romance” used as a verb, i.e., “to make love; to make love
5. Engaging in any form of harassment or violence”;
to” as in “He romanced her.”
The above provisions, taken together, indicate that the
But it seems clear that the law did not use in its provisions the
elements of the crime of violence against women through
colloquial verb “romance” that implies a sexual act. It did not say
harassment are:
that the offender must have “romanced” the offended woman.
1. The offender has or had a sexual or dating
Rather, it used the noun “romance” to describe a couple’s
relationship with the offended woman;
2. The offender, by himself or through another, relationship, i.e., “a love affair.”9
commits an act or series of acts of harassment against the R.A. 9262 provides in Section 3 that “violence against women
woman; and x x x refers to any act or a series of acts committed by any person
3. The harassment alarms or causes substantial against a woman x x x with whom the person has or had
emotional or psychological distress to her. a sexual or dating relationship.” Clearly, the law itself
distinguishes a sexual relationship from a dating relationship. that such would unduly ruin him personally and set a very
Indeed, Section 3(e) above defines “dating relationship” while dangerous precedent. But Section 3(a) of R.A. 9262 punishes “any
Section 3(f) defines “sexual relations.” The latter “refers to a act or series of acts” that constitutes violence against women.
single sexual act which may or may not result in the bearing of a This means that a single act of harassment, which translates into
common child.” The dating relationship that the law contemplates violence, would be enough. The object of the law is to protect
can, therefore, exist even without a sexual intercourse taking women and children. Punishing only violence that is repeatedly
place between those involved. committed would license isolated ones.
Rustan also claims that since the relationship between Irish Rustan alleges that today’s women, like Irish, are so used to
and him was of the “onandoff” variety (awaybati), their obscene communications that her getting one could not possibly
romance cannot be regarded as having developed “over time and have produced alarm in her or caused her substantial emotional
on a continuing basis.” But the two of them were romantically or psychological distress. He claims having previously exchanged
involved, as Rustan himself admits, from October to December of obscene pictures with Irish such that she was already
2003. That would be time enough for nurturing a relationship of desensitized by them.
mutual trust and love. But, firstly, the RTC which saw and heard Rustan and his
An “awaybati” or a fightandkiss thing between two lovers is wife give their testimonies was not impressed with their claim
a common occurrence. Their taking place does not mean that the that it was Irish who sent the obscene pictures of herself
romantic relation between the two should be deemed (Exhibits “27”). It is doubtful if the woman in the picture was
Irish since her face did not clearly show on them.
_______________ Michelle, Rustan’s wife, claimed that she deleted several other
pictures that Irish sent, except Exhibits “2” to “7”. But her
9 Webster’s New World College Dictionary, Third Edition, p. testimony did not make sense. She said that she did not know
1164. that Exhibits “2” to “7” had remained saved after she deleted the
602 pictures. Later, however, she said that she did not have time to
602 SUPREME COURT REPORTS ANNOTATED delete them.11 And, if she thought that she had deleted all the
Ang vs. Court of Appeals pictures from the memory card, then she had
broken up during periods of misunderstanding. Explaining what
_______________
“awaybati” meant, Irish explained that at times, when she could
not reply to Rustan’s messages, he would get angry at her. That
10 TSN, April 11, 2006, pp. 2224.
was all. Indeed, she characterized their threemonth romantic
11 TSN, July 19, 2006, pp. 1012.
relation as continuous.10
603
Two. Rustan argues that the one act of sending an offensive
VOL. 618, APRIL 20, 2010 603
picture should not be considered a form of harassment. He claims
Ang vs. Court of Appeals
no reason at all to keep and hide such memory card. There would in communication. Indeed, to prove that the cellphone numbers
have been nothing to hide. Finally, if she knew that some pictures belonged to Rustan, Irish and the police used such numbers to
remained in the card, there was no reason for her to keep it for summon him to come to Lorentess Resort and he
several years, given that as she said she was too jealous to want 604
to see anything connected to Irish. Thus, the RTC was correct in 604 SUPREME COURT REPORTS ANNOTATED
not giving credence to her testimony. Ang vs. Court of Appeals
Secondly, the Court cannot measure the trauma that Irish did. Consequently, the prosecution did not have to present the
12
mode of commission alleged in the Information, was adequately
16
proven. It bears stating herein that the mental faculties of a “That sometime in the month of August, 1996, at Barangay Bical,
retardate being different from those of a normal person, the Municipality of Bulan, Province of Sorsogon, Philippines and
degree of force needed to overwhelm him or her is less. Hence, a within the jurisdiction of this Honorable Court the abovenamed
quantum of force which may not suffice when the victim is a accused, armed with a bladed weapon, by means of violence and
normal person, may be more than enough when employed against intimidation, did then and there, wilfully, unlawfully and
an imbecile. feloniously, have carnal knowledge of one Evelyn Canchela
against her will and without her consent, to her damage and
APPEAL from a decision of the Regional Trial Court of Sorsogon, prejudice.
Sorsogon, Br. 65. “Contrary to law.”2
Upon arraignment on December 15, 1997, 3 appellant, duly
The facts are stated in the opinion of the Court. assisted by counsel, pleaded not guilty to the offense charged.
The Solicitor General for appellee. The facts established by the prosecution are as follows:
Public Attorney’s Office for appellants. Private complainant Evelyn G. Canchela (Evelyn), is a mental
retardate. When her mother, Amparo Hachero, left for Singapore
CARPIOMORALES,J.: on May 2, 1996 to work as a domestic helper, she entrusted
Evelyn to the care and custody of her (Amparo’s) sister Jovita
On appeal is the Decision1 of June 9, 2000 of the Regional Trial Guban and her husband Salvador Golimlim, herein appellant, at
Court of Sorsogon, Sorsogon, Branch 65 in Criminal Case No. Barangay Bical, Bulan, Sorsogon.4
241, Sometime in August 1996, Jovita left the conjugal residence to
meet a certain Rosing,5 leaving Evelyn with appellant. Taking
_______________ advantage of the situation, appellant instructed private
complainant to sleep,6 and soon after she had laid down, he kissed
1
Rollo at pp. 3145. her and took off her clothes.7 As he poked at her an object which
17 to Evelyn felt like a knife, 8he proceeded to insert his penis into
VOL. 427, APRIL 2, 2004 17 her vagina.9 His lust satisfied, appellant fell asleep.
People vs. Golimlim
_______________
finding appellant Salvador Golimlim alias “Badong” guilty beyond
reasonable doubt of rape, imposing on him the penalty 2
Id., at p. 10.
of reclusion perpetua, and holding him civilly liable in the amount 3
Records at p. 29.
of P50,000.00 as indemnity, and P50,000.00 as moral damages. 4
TSN, August 12, 1998 at p. 12.
The Information dated April 16, 1997 filed against appellant 5
TSN, October 14, 1998 at p. 6.
reads as follows: 6
TSN, January 27, 1999 at p. 9.
7
Id., at p. 6. FINDINGS: LMP [last menstrual period]: Aug. 96 ?
8
Id., at p. 8. Abd [abdomen]: 7 months AOG [age of gestation]
FHT [fetal heart tone]: 148/min
9
Id., at pp. 10 and 13.
Presentation: Cephalic
18
Hymen: old laceration at 3, 5, 7, & 11 o’clock position14
18 SUPREME COURT REPORTS ANNOTATED
On the same day, the sisters went back to the Investigation
People vs. Golimlim Section of the Bulan Municipal Police Station before which they
When Jovita arrived, Evelyn told her about what appellant did to executed their sworn statements.15
her. Jovita, however, did not believe her and in fact she scolded
her.10 _______________
Sometime in December of the same year, Lorna Hachero,
Evelyn’s halfsister, received a letter from their mother Amparo 10
Id., at p. 10.
instructing her to fetch Evelyn from Sorsogon and allow her to 11
TSN, June 2, 1998 at p. 7.
stay in Novaliches, Quezon City where she (Lorna) resided. 12
Id., at p. 8.
Dutifully, Lorna immediately repaired to appellant’s home in 13
TSN, August 12, 1998 at p. 3.
Bical, and brought Evelyn with her to Manila. 14
Exhibit “E,” Records at p. 16.
A week after she brought Evelyn to stay with her, Lorna 15
Exhibit “B,” Records at p. 12.
suspected that her sister was pregnant as she noticed her growing
19
belly. She thereupon brought her to a doctor at the Pascual
VOL. 427, APRIL 2, 2004 19
General Hospital at Baeza, Novaliches, Quezon City for checkup
and ultrasound examination. People vs. Golimlim
Lorna’s suspicions were confirmed as the examinations On February 27, 1997, Evelyn, assisted by Lorna, filed a criminal
revealed that Evelyn was indeed pregnant.11 She thus asked her complaint for rape16 against appellant before the Municipal Trial
sister how she became pregnant, to which Evelyn replied that Court of Bulan, Sorsogon, docketed as Criminal Case No. 6272.
appellant had sexual intercourse with her while holding a knife.12 In the meantime or on May 7, 1997, Evelyn gave birth to a
In February of 1997, the sisters left for Bulan, Sorsogon for girl, Joana Canchela, at Guruyan, Juban, Sorsogon.17
the purpose of filing a criminal complaint against appellant. The Appellant, on being confronted with the accusation, simply
police in Bulan, however, advised them to first have Evelyn said that it is not true “[b]ecause her mind is not normal,” 18 she
examined. Obliging, the two repaired on February 24, 1997 to the having “mentioned many other names of men who ha[d] sexual
Municipal Health Office of Bulan, Sorsogon where Evelyn was intercourse with her.”19
examined by Dr. Estrella Payoyo.13 The Medicolegal Report Finding for the prosecution, the trial court, by the present
appealed Decision, convicted appellant as charged. The
revealed the following findings, quoted verbatim:
dispositive portion of the decision reads:
“WHEREFORE, premises considered, accused Salvador Golimlim People vs. Golimlim
having been found guilty of the crime of RAPE (Art. 335 R.P.C. as Appellant argues that Evelyn’s testimony is not categorical and is
amended by RA 7659) beyond reasonable doubt is hereby replete with contradictions, thus engendering grave doubts as to
sentenced to suffer the penalty of RECLUSION PERPETUA, and his criminal culpability.
to indemnify the offended party Evelyn Canchela in the amount In giving credence to Evelyn’s testimony and finding against
of P50,000.00 as indemnity and another P50,000.00 as moral appellant, the trial court made the following observations,
damage[s], and to pay the costs. quoted verbatim:
“SO ORDERED.”20
Hence, the present appeal, appellant assigning to the trial court 1. 1)Despite her weak and dull mental state the victim was
the following errors: consistent in her claim that her Papay Badong (accused
Salvador Golimlim) had carnal knowledge of her and
1. I.THE COURT A QUO GRAVELY ERRED IN GIVING was the author of her pregnancy, and nobody else (See:
WEIGHT AND CREDENCE TO THE For comparison her Sworn Statement on p. 3/Record; her
CONTRADICTORY AND IMPLAUSIBLE TESTIMONY narration in the Psychiatric Report on pp. 47 &
OF EVELYN CANCHELA, A MENTAL RETARDATE, 48/Record; the TSNs of her testimony in open court);
[AND]
2. 2)She remains consistent that her Papay Badong raped
2. II.THE COURT A QUO GRAVELY ERRED IN FINDING her only once;
THAT THE GUILT OF THE ACCUSEDAPPELLANT
FOR THE CRIME CHARGED HAS BEEN PROVEN 3. 3)That the contradictory statements she made in open
BEYOND REASONABLE DOUBT.21 court relative to the details of how she was raped,
although would seem derogatory to her credibility and
_______________ reliability as a witness under normal conditions, were
amply explained by the psychiatrist who examined her
16
Records at p. 7. and supported by her findings (See: Exhibits “F” to “F
17
Exhibit “D,” Records at p. 127. 2”);
18
TSN, September 20, 1999 at p. 4.
19
Ibid. 4. 4)Despite her claim that several persons laid on top of her
20
Rollo at p. 45. (which is still subject to question considering that the
21
Id., at p. 80. victim could not elaborate on its meaning), the lucid fact
20 remains that she never pointed to anybody else as the
20 SUPREME COURT REPORTS ANNOTATED author of her pregnancy, but her Papay Badong. Which
only shows that the trauma that was created in her perceiving, can make known their perception to others, may be
mind by the incident has remained printed in her witnesses.
memory despite her weak mental state. Furthermore, x x x
granting for the sake of argument that other men also SEC. 21. Disqualification by reason of mental incapacity or
laid on top of her, this does not deviate from the fact that immaturity.—The following persons cannot be witnesses:
her Papay Badong (the accused) had sexual intercourse
with her.22
1. (a)Those whose mental condition, at the time of their
production for examination, is such that they are
The trial judge’s assessment of the credibility of witnesses’ incapable of intelligently making known their perception
testimonies is, as has repeatedly been held by this Court, to others;
accorded great respect on appeal in the absence of grave abuse of
discretion on its part, it having had the advantage of actually
2. (b)Children whose mental maturity is such as to render
examining both real and testimonial evidence including the
them incapable of perceiving the facts respecting which
demeanor of the witnesses.23
they are examined and of relating them truthfully.
In the present case, no cogent reason can be appreciated to
warrant a departure from the findings of the trial court with
respect to the assessment of Evelyn’s testimony. In People v. Trelles,24 where the trial court relied heavily on the
therein mentally retarded private complainant’s testimony
_______________ irregardless of her “monosyllabic responses and vacillations
between lucidity and ambiguity,” this Court held:
Id., at pp. 3839.
22 A mental retardate or a feebleminded person is not, per
People v. De Guzman, 372 SCRA 95, 101 (2001), People v.
23 se,disqualified from being a witness, her mental condition not
Balisnomo, 265 SCRA 98, 104 (1996) (citations omitted). being a vitiation of her credibility. It is now universally accepted
21 that intellectual weakness, no matter what form it assumes, is
not a valid objection to the competency of a witness so long as the
VOL. 427, APRIL 2, 2004 21
latter can still give a fairly intelligent and reasonable narrative of
People vs. Golimlim the matter testified to.25
That Evelyn is a mental retardate does not disqualify her as a It can not then be gainsaid that a mental retardate can be a
witness nor render her testimony bereft of truth. witness, depending on his or her ability to relate what he or she
Sections 20 and 21 of Rule 130 of the Revised Rules of Court knows.26 If his or her testimony is coherent, the same is
provide: admissible in court.27
SEC. 20. Witnesses; their qualifications.—Except as provided in To be sure, modern rules on evidence have downgraded mental
the next succeeding section, all persons who can perceive, and incapacity as a ground to disqualify a witness. As observed by
McCormick, the remedy of excluding such a witness who may be status examination for three (3) times and I tried to see the consistency in
the only person available who the narration but very poor (sic) in giving details.
x x x
_______________
Q: May we know what she related to you?
24
340 SCRA 652 (2000). A: She related to me that she was raped by her uncle ‘Tatay Badong.’ What she
25
Id., at p. 658 (citations omitted). mentioned was that, and I quote: ‘hinila ang panty ko, pinasok ang pisot at
26
People v. Delos Santos, 364 SCRA 142, 156 (2001). bayag niya sa pipi ko.’ She would laugh inappropriately after telling me that
27
People v. Lubong, 332 SCRA 672, 690 (2000) (citation particular incident. I also tried to ask her regarding the dates, the time of the
omitted). incident, but she could not really . . . . I tried to elicit those important things,
22 but the patient had a hard time rememberi ng those dates.
22 SUPREME COURT REPORTS ANNOTATED
_______________
People vs. Golimlim
knows the facts, seems inept and primitive. Our rules follow the
People v. Espanola, 271 SCRA 689, 709 (1997) (citations
28
modern trend of evidence.28
omitted).
Thus, in a long line of cases,29 this Court has upheld the
conviction of the accused based mainly on statements given in
29
People v. Agravante, 338 SCRA 13 (2000), People
court by the victim who was a mental retardate. v. Padilla, 301 SCRA 265 (1999), People v. Malapo, 294 SCRA
From a meticulous scrutiny of the records of this case, there is 579 (1998), People v. Balisnomo, 265 SCRA 98 (1996), People
no reason to doubt Evelyn’s credibility. To be sure, her testimony v. Gerones, 193 SCRA 263 (1991).
is not without discrepancies, given of course her 30
TSN, December 21, 1998 at p. 10.
feeblemindedness. 23
By the account of Dr. Chona CuyosBelmonte, Medical VOL. 23
Specialist II at the Psychiatric Department of the Bicol Medical 427,
Center, who examined Evelyn, although Evelyn was suffering
APRIL 2,
from moderate mental retardation with an IQ of 46, 30 she is
2004
capable of perceiving and relating events which happened to her.
Thus the doctor testified: People vs. Golimlim
Q: So do you try to impress that although she answers in general terms it does Q: But considering that you have evaluated her mentally, gave her I.Q.
not necessarily mean that she might be inventing answers—only that she test, in your honest opinion, do you believe that this narration by the
could not go to the specific details bec ause of dullness? patient to you about the rape is reliable?
A: I don’t think she was inventing her answer because I conducted mental A: Yes, sir.
Q: Why do you consider that reliable? patient from answering questions.
A: Being a (sic) moderately retarded, I have noticed the spontaneity of x x x
her answers during the time of the testing. She was not even Q: What if the victim is being coached or led by someone else, will she
hesitating when she told me she was raped once at home by her be able to answer the questions?
Tatay Badong; and she was laughing when she told me about how it A: Yes, she may be able to answer the questions, but you would notice
was done on (sic) her. So, although she may be ina ppropriate but the inconsistency of the answers because what we normally do is that
(sic) she was spontaneous, she was consistent. we present the questions in different ways, and we expect the same
Q: Now, I would like to relate to you an incident that happened in this answer. This is how we try to evaluate the
Court for you to give us your expert opinion. I tried to present the 24
victim in this case to testify. While she testified that she was raped 24 SUPREME COURT REPORTS ANNOTATED
by her uncle Badong, when asked about the details, thereof, she People vs. Golimlim
would not make (sic) the detail. She only answered ‘wala’ (no). I ask patient. If the person, especially a retarded, is being coached by somebody,
this question because somehow this seems related to your previous the answers will no longer be consistent.
evaluation that while she gave an answer, she gave no detail. Now, I Q: You also mentioned a while ago that the answers given by the patient, taken
was thinking because I am a man and I was the one asking and the all in all, were consistent?
Judge is a man also. And while the mother would say that she would A: Yes, sir.31 (Italics supplied)
relate to her and she related to you, can you explain to us why when As noted in the abovequoted testimony of Dr. Belmonte, Evelyn
she was presented in court that occurrence, that event happened? could give spontaneous and consistent answers to the same but
differently framed questions under conditions which do not
A: There are a lot of possible answers to that question; one, is the
inhibit her from answering. It could have been in this light that
court’s atmosphere itself. This may have brought a little anxiety on
Evelyn was able to relate in court, upon examination by a female
the part of the patient and this inhibits her from relating some of the government prosecutor and the exclusion of the public from the
details relative to the incidentinquestion. When I conducted my proceedings, on Dr. Belmonte’s suggestion,32 how, as quoted
interview with the patient, there were only two (2) of us in the room. below, she was raped and that it was appellant who did it:
I normally do not ask this question during the first session with the Q: Lorna Hachero testified before this Court that you gave birth to a baby girl
patient because these are emotionally leading questions, and I do not named Johanna, is this true?
expect the patient to be very trusting. So, I usually ask this type of A: (The witness nods, yes.)
questions during the later part of my examination to make her relax x x x
during my evaluation. So in this way, she will be more cooperative Q: Who is the father of Johanna?
with me. I don’t think that this kind of atmosphere within the A: Papay Badong
courtroom with some people around, this could have inhibited the
Q: Who is this Papay Badong that you are referring to? A: I was scolded by the wife, Mamay Bita.
A: The husband of Mamay Bita. Q: I am referring to that very moment when you were undressed.
Q: Is he here in court? Immediately after your Papay Badong undressed you, what did you
A: He is here. do?
Q: Please look around and point him to us. x x x
A: (The witness pointing to the lone man sitting in the first row of the gallery A: He laid on top of me.
wearing a regular prison orange tshirt who gave his name as Salvador Q: What was your position when he laid on top of you?
Golimlim when asked.) A: I was lying down.
Q: Why were you able to say that it is Papay Badong who is the father of your Q: Then after he went on top of you, what did he do there?
child Johanna? A: He made (sic) sexual intercourse with me.
A: Because then I was left at Mamay Bita’s house, although I am not there Q: When you said he had a (sic) sexual intercourse with you, what did
now. he do exactly?
Q: And that house where you were left is also the house of your Papay A: He kissed me.
Badong? Q: Where?
A: Yes ma’am. A: On the cheeks (witness motioning indicating her cheeks).
Q: What else did he do? Please describe before this Honorable Court
_______________ the sexual intercourse which you are referring to which the accused
did to you.
Id., at pp. 921.
31
A: ‘Initoy’ and he slept after that.
Id., at pp. 1314.
32
(to Court)
25
Nevertheless, may we request that the local term for sexual
VOL. 427, 25
intercourse, the word ‘Initoy’ which was used by the witness be put
APRIL 2,
on the record, and we request judicial notice of the fact
2004
that ‘initoy’ is the local term for sexual intercourse.
People vs. Golimlim
x x x
Q: What did Salvador Golimlim or your Papay Badong do to you
Q: What did you feel when your Papay Badong had sexual intercourse
that’s why you were able to say that he is the father of your child?
with you?
A: I was undressed by him.
A: I felt a knife; it was like a knife.
x x x
Q: Where did you feel that knife?
Q: What did you do after you were undressed?
A: I forgot.
Q: Why did you allow your Papay Badong to have sexual intercourse the crime was committed in 1996), the trial court did not specify
with you? under which mode the crime was committed. Under the said
A: I will not consent to it. article, rape is committed thus:
x x x ART. 335. When and how rape is committed.—Rape is committed
26 by having carnal knowledge of a woman under any of the
26 SUPREME COURT REPORTS ANNOTATED following circumstances.
People vs. Golimlim
1. 1.By using force or intimidation;
Q: Did you like what he did to you?
A: I do not want it. 2. 2.When the woman is deprived of reason or otherwise
Q: But why did it happen? unconscious; and
A: I was forced to.
x x x _______________
Q: Did you feel anything when he inserted into your vagina when your Papay
Badong laid on top of you?
33
TSN, January 27, 1999 at pp. 413.
A: His sexual organ/penis.
34
People v. De Guzman, 372 SCRA 95, 111 (2001) (citations
Q: How did you know that it was the penis of your Papay Badong that was omitted), People v. Glabo, 371 SCRA 567, 573 (2001) (citations
entered into your vagina? omitted), People v. Lalingjaman, 364 SCRA 535, 546 (2001)
A: It was put on top of me. (citations omitted), People v. Agravante, 338 SCRA 13, 20 (2000).
Q: Did it enter your vagina? 27
A: Yes, Your Honor. VOL. 427, APRIL 2, 2004 27
x x x People vs. Golimlim
Q: Madam Witness, is it true that your Papay Badong inserted his penis into
your vagina or sexual organ during that time that he was on top of you? 1. 3.When the woman is under twelve years of age or is
demented.
A: (The witness nods, yes.)33 (Italics supplied)
Appellant’s bare denial is not only an inherently weak defense. It
is not supported by clear and convincing evidence. It cannot thus The crime of rape shall be punished by reclusion perpetua.
prevail over the positive declaration of Evelyn who convincingly Whenever the crime of rape is committed with the use of a
identified him as her rapist.34 deadly weapon or by two or more persons, the penalty shall
In convicting appellant under Article 335 of the Revised Penal be reclusion perpetua or death.
Code, as amended by Republic Act 7659 (the law in force when x x x
It is settled that sexual intercourse with a woman who is a 72 SUPREME COURT REPORTS ANNOTATED
mental retardate constitutes statutory rape which does not Alvarez vs. Ramirez
require proof that the accused used force or intimidation in
G.R. No. 143439. October 14, 2005.*
having carnal knowledge of the victim for conviction. 35 The fact of
MAXIMO ALVAREZ, petitioner, vs. SUSAN RAMIREZ,
Evelyn’s mental retardation was not, however, alleged in the
Information and, therefore, cannot be the basis for conviction. respondent.
Such notwithstanding, that force and intimidation attended the Remedial Law; Evidence; Witnesses; Words and
commission of the crime, the mode of commission alleged in the Phrases; Marital Disqualification; During their marriage, neither
Information, was adequately proven. It bears stating herein that the husband nor the wife may testify for or against the other
the mental faculties of a retardate being different from those of a without the consent of the affected spouse, except in a civil case by
normal person, the degree of force needed to overwhelm him or
one against the other, or in a criminal case for a crime committed
her is less. Hence, a quantum of force which may not suffice when
by one against the other or the latter’s direct descendants or
the victim is a normal person, may be more than enough when
employed against an imbecile.36 ascendants.—Section 22, Rule 130 of the Revised Rules of Court
Still under the abovequoted provision of Art. 335 of the provides: “Sec. 22. Disqualification by reason of marriage.—
Revised Penal Code, when the crime of rape is committed with During their marriage, neither the husband nor the wife may
testify for or against the other without the consent of the affected
the use of a deadly weapon, the penalty shall be reclusion
spouse, except in a civil case by one against the other, or in a
perpetua to death. In the case at bar, however, although there is
criminal case for a crime committed by one against the other or
adequate evidence showing that appellant indeed used force and
the latter’s direct descendants or ascendants.” The reasons given
intimidation, that is not the case with respect to the use of a
for the rule are: 1. There is identity of interests between husband
deadly weapon.
and wife; 2. If one were to testify for or against the other, there is
WHEREFORE, the assailed Decision of the Regional Trial
consequent danger of perjury; 3. The policy of the law is to guard
Court of Sorsogon, Sorsogon, Branch 65 in Criminal Case No. 241
the security and confidences of private life, even at the risk of an
finding appellant, Salvador Golimlim alias “Badong,” GUILTY
occasional failure of justice, and to prevent domestic disunion and
beyond reasonable doubt of rape, which this Court finds to have
unhappiness; and 4. Where there is want of domestic tranquility
been committed under paragraph 1, Article 335 of the Revised
there is danger of punishing one spouse through the hostile
Penal Code, and holding him civilly liable therefor, is hereby
testimony of the other.
AFFIRMED.
Costs against appellant. PETITION for review on certiorari of a decision of the Court of
Appeals.
The facts are stated in the opinion of the Court.
Marvin H. Mesia for petitioner. ATTY. MESIAH: (sic)
Ponce Enrile, Reyes & Manalastas for respondent. Your Honor, we are offering the testimony of this witness for the purpose of
proving that the accused Maximo Alvarez committed all the elements of the
_______________ crime being charged particularly that accused Maximo Alvarez pour
THIRD DIVISION.
*
_______________
73
VOL. 473, OCTOBER 14, 2005 73 1
Under Rule 45, Section 1 of the 1997 Revised Rules of Civil
Alvarez vs. Ramirez Procedure, as amended.
2
Penned by Justice Portia AliñoHormachuelos and concurred
SANDOVALGUTIERREZ, J.: in by Justice Ma. Alicia AustriaMartinez (now a member of this
Court) and Justice Elvi John S. Asuncion.
Before us is a petition for review on certiorari 1 assailing the
3
Docketed as Criminal Case No. 19933MN and captioned
Decision2 of the Court of Appeals dated May 31, 2000 in CAG.R. “People of the Philippines vs. Maximo Alvarez.”
SP No. 56154, entitled “SUSAN RAMIREZ, petitioner, versus, 74
HON. BENJAMIN M. AQUINO, JR., as JUDGE RTC, 74 SUPREME COURT REPORTS ANNOTATED
MALABON, MM, BR. 72, and MAXIMO ALVAREZ, respondents.” Alvarez vs. Ramirez
Susan Ramirez, herein respondent, is the complaining witness
on May 29, 1998 gasoline in the house located at Blk. 5, Lot 9, Phase 1C,
in Criminal Case No. 19933MN for arson 3 pending before the
Dagatdagatan, Navotas, Metro Manila, the house owned by his sisterin
Regional Trial Court, Branch 72, Malabon City. The accused is
Maximo Alvarez, herein petitioner. He is the husband of law Susan Ramirez; that accused Maximo Alvarez after pouring the
Esperanza G. Alvarez, sister of respondent. gasoline on the door of the house of Susan Ramirez ignited and set it on fire;
On June 21, 1999, the private prosecutor called Esperanza that the accused at the time he successfully set the house on fire (sic) of
Alvarez to the witness stand as the first witness against Susan Ramirez knew that it was occupied by Susan Ramirez, the members
petitioner, her husband. Petitioner and his counsel raised no of the family as well as Esperanza Alvarez, the estranged wife of the
objection. accused; that as a consequence of the accused in successfully setting the
Esperanza testified as follows: fire to the house of Susan Ramirez, the door of said house was burned and
“ATTY. ALCANTARA: together with several articles of the house, including shoes, chairs and
We are calling Mrs. Esperanza Alvarez, the wife of the accused, Your Honor. others.
COURT: COURT:
Swear in the witness. You may proceed.
x x x x x x
DIRECT EXAMINATION Respondent filed an opposition6 to the motion. Pending
ATTY. ALCANTARA: resolution of the motion, the trial court directed the prosecution
x x x to proceed with the presentation of the other witnesses.
On September 2, 1999, the trial court issued the questioned
Q: When you were able to find the source, incidentally what was the source of
Order disqualifying Esperanza Alvarez from further testifying
that scent?
and deleting her testimony from the records. 7 The prosecution
A: When I stand by the window, sir, I saw a man pouring the gasoline in the filed a motion for reconsideration but was denied in the other
house of my sister (and witness pointing to the person of the accused inside assailed Order dated October 19, 1999.8
the court room). This prompted respondent Susan Ramirez, the complaining
Q: For the record, Mrs. Witness, can you state the name of that person, if you witness in Criminal Case No. 19933MN, to file with the Court of
know? Appeals a petition for certiorari 9 with application for preliminary
A: He is my husband, sir, Maximo Alvarez. injunction and temporary restraining order.10
On May 31, 2000, the Appellate Court rendered a Decision
Q: If that Maximo Alvarez you were able to see, can you identify him?
nullifying and setting aside the assailed Orders issued by the trial
A: Yes, sir.
court.
Q: If you can see him inside the Court room, can you please point him? Hence, this petition for review on certiorari.
A: Witness pointing to a person and when asked to stand and asked his name, The issue for our resolution is whether Esperanza Alvarez can
he gave his name as Maximo Alvarez.”4 testify against her husband in Criminal Case No. 19933MN.
_______________ _______________
4
Transcript of Stenographic Notes (TSN), June 21, 1999 at pp. 5
Rollo at pp. 4447.
37. 6
Id., at pp. 4858.
75 7
Id., at pp. 8587.
VOL. 473, OCTOBER 14, 2005 75 8
Id., at p. 88.
Alvarez vs. Ramirez 9
Under Rule 65, Section 1 of the 1997 Revised Rules on Civil
In the course of Esperanza’s direct testimony against petitioner, Procedure, as amended.
the latter showed “uncontrolled emotions,” prompting the trial 10
Rollo at pp. 101134.
judge to suspend the proceedings. 76
On June 30, 1999, petitioner, through counsel, filed a
76 SUPREME COURT REPORTS ANNOTATED
motion5 to disqualify Esperanza from testifying against him
Alvarez vs. Ramirez
pursuant to Rule 130 of the Revised Rules of Court on marital
Section 22, Rule 130 of the Revised Rules of Court provides:
disqualification.
“Sec. 22. Disqualification by reason of marriage.—During their _______________
marriage, neither the husband nor the wife may testify for or
against the other without the consent of the affected spouse, People vs. Francisco, No. L568, July 16, 1947, 78 Phil. 694,
11
except in a civil case by one against the other, or in a criminal and Cargill vs. State, 220, Pac., 64, 65; 25 Okl. Cr., 314; 35 A.L.R.,
case for a crime committed by one against the other or the latter’s 133.
direct descendants or ascendants.” 77
The reasons given for the rule are: VOL. 473, OCTOBER 14, 2005 77
Alvarez vs. Ramirez
1. 1.There is identity of interests between husband and wife; terests disappears and the consequent danger of perjury based on
that identity is nonexistent. Likewise, in such a situation, the
2. 2.If one were to testify for or against the other, there is security and confidences of private life, which the law aims at
consequent danger of perjury; protecting, will be nothing but ideals, which through their
absence, merely leave a void in the unhappy home.12
3. 3.The policy of the law is to guard the security and In Ordoño vs. Daquigan,13 this Court held:
confidences of private life, even at the risk of an “We think that the correct rule, which may be adopted in this
occasional failure of justice, and to prevent domestic
jurisdiction, is that laid down in Cargil vs. State, 35 ALR 133, 220
disunion and unhappiness; and
Pac. 64, 25 Okl. 314, wherein the court said:
‘The rule that the injury must amount to a physical wrong upon
4. 4.Where there is want of domestic tranquility there is the person is too narrow; and the rule that any offense remotely
danger of punishing one spouse through the hostile or indirectly affecting domestic harmony comes within the
testimony of the other.11 exception is too broad. The better rule is that, when an offense
directly attacks, or directly and vitally impairs, the conjugal
But like all other general rules, the marital disqualification rule
relation, it comes within the exception to the statute that one shall
has its own exceptions, both in civil actions between the spouses
and in criminal cases for offenses committed by one against the not be a witness against the other except in a criminal
other. Like the rule itself, the exceptions are backed by sound prosecution for a crime committee (by) one against the other.’ ”
reasons which, in the excepted cases, outweigh those in support of Obviously, the offense of arson attributed to petitioner, directly
the general rule. For instance, where the marital and domestic impairs the conjugal relation between him and his wife
relations are so strained that there is no more harmony to be Esperanza. His act, as embodied in the Information for arson filed
preserved nor peace and tranquility which may be disturbed, the against him, eradicates all the major aspects of marital life such
reason based upon such harmony and tranquility fails. In such a as trust, confidence, respect and love by which virtues the
case, identity of in conjugal relationship survives and flourishes.
As correctly observed by the Court of Appeals:
“The act of private respondent in setting fire to the house of his At this point, it bears emphasis that the State, being
sisterinlaw Susan Ramirez, knowing fully well that his wife was interested in laying the truth before the courts so that the guilty
there, and in fact with the alleged intent of injuring the latter, is may be punished and the innocent exonerated, must have the
an act totally alien to the harmony and confidences of marital right to offer the direct testimony of Esperanza, even against the
relation which the disqualification primarily seeks to protect. The objection of the accused, because (as stated by this Court
criminal act complained of had the effect of directly and vitally in Francisco14), “it was the latter himself who gave rise to its
impairing the necessity.”
WHEREFORE, the Decision of the Court of Appeals is
_______________ AFFIRMED. The trial court, RTC, Branch 72, Malabon City, is
ordered to allow Esperanza Alvarez to testify against petitioner,
People vs. Francisco, Id.
12
her husband, in Criminal Case No. 19933MN. Costs against
No. L39012, January 31, 1975, 62 SCRA 270.
13
petitioner.
78 SO ORDERED.
78 SUPREME COURT REPORTS ANNOTATED Panganiban (Chairman), Corona, CarpioMoralesand Ga
Alvarez vs. Ramirez rcia, JJ., concur.
conjugal relation. It underscored the fact that the marital and Judgment affirmed.
domestic relations between her and the accusedhusband have
become so strained that there is no more harmony, peace or _______________
tranquility to be preserved. The Supreme Court has held that in
such a case, identity is nonexistent. In such a situation, the 14
Supra.
security and confidences of private life which the law aims to
562 SUPREME COURT REPORTS ANNOTATED
protect are nothing but ideals which through their absence,
People vs. Castañeda, Jr.
merely leave a void in the unhappy home. (People v.
No. L46306. February 27, 1979.*
Castañeda, 271 SCRA 504 [1997]). Thus, there is no longer any
reason to apply the Marital Disqualification Rule.” PEOPLE OF THE PHILIPPINES, petitioner, vs. HON.
It should be stressed that as shown by the records, prior to the MARIANO C. CASTAÑEDA, JR., as Judge of the Court of First
commission of the offense, the relationship between petitioner Instance of Pampanga, Branch III, and BENJAMIN F.
and his wife was already strained. In fact, they were separated de MANALOTO, respondents.
facto almost six months before the incident. Indeed, the evidence Criminal Procedure; Wife may testify against husband for
and facts presented reveal that the preservation of the marriage crime of falsification of a deed of sale of conjugal house and lot
between petitioner and Esperanza is no longer an interest the where wife was made to appear as having given far consent to the
State aims to protect. sale.—With more reason must the exception apply to the instant
case where the victim of the crime and the person who stands to The facts are stated in the opinion of the Court.
be directly prejudic Fiscal Regidor Y. Aglipay and Special Counsel Vicente
Macalino for petitioner.
_______________
Moises Sevilla Ocampo for private petitioner.
SECOND DIVISION.
* Cicero J. Punzalan for respondent.
563
VOL. 88, FEBRUARY 27, 1979 563 SANTOS, J.:
People vs. Castañeda, Jr.
On the basis of the complaint 1 of his wife, Victoria M. Manaloto,
ed by the falsification is not a third person but the wife
herein private respondent Benjamin Manaloto was charged before
herself. And it is undeniable that the criminal act complained of
the Court of First Instance of Pampanga, presided by respondent
had the effect of directly and vitally impairing the conjugal
Judge, Hon, Mariano C. Castañeda, Jr., with the crime of
relation. This is apparent not only in the act of the wife in
Falsification of Public Document committed, according to the
personally lodging her complaint with the office of the Provincial
Information, as follows:
Fiscal, but also in her insistent efforts in connection with the
That on or about the 19th day of May, 1975, in the Municipality of
instant petition, which seeks to set aside the order disqualifying
San Fernando, province of Pampanga, Philippines, and within the
her from testifying against her husband. Taken collectively, the
jurisdiction of this Honorable Court, the abovenamed accused
actuations of the witnesswife underscore the fact that the
BEN
martial and domestic relations between her and the accused
husband have become so strained that there is no more harmony
_______________
to be preserved nor peace and tranguility which may be
disturbed. In such a case, as We have occasion to point out in 1
See Annexes “A”, “B”, and “B1” of the Petition (Rollo, pp, 11
previous decisions, “identity of interests disappears and the 15).
consequent danger of perjury based on that identity is 564
nonexistent. Likewise, in such a situation, the security and
564 SUPREME COURT REPORTS ANNOTATED
confidences of private life which the law aims at protecting will be
nothing but ideals which, through their absence, merely leave a People vs. Castañeda, Jr.
void in the unhappy home.” Thus, there is no reason to apply the JAMIN F. MANALOTO, with deliberate intent to commit
marital disqualification rule. falsification, did then and there willfully, unlawfully and
feloniously counterfeit, imitate and forge the signature of his
ORIGINAL ACTION in the Supreme Court. Certiorari and spouse Victoria M. Manaloto in a deed of sale executed by said
injunction. accused wherein he sold a house and lot belonging to the conjugal
partnership of said spouse in favor of Ponciano Lacsamana under
Doc. No. 1957, Page No. 72, Book No. LVII, Series of 1975, 2
Annex “C” of the Petition (Rollo, pp. 1617).
notarized by Notary Public Abraham Pa. Gorospe, thereby 565
making it appear that his spouse Victoria M. Manaloto gave her VOL. 88, FEBRUARY 27, 1979 565
marital consent to said sale when in fact and in truth she did People vs. Castañeda, Jr.
not.2 porary restraining order be issued by this Court enjoining said
At the trial, the prosecution called the complainantwife to the judge from further proceeding with the trial of aforesaid Criminal
witness stand but the defense moved to disqualify her as a Case No. 1011.
witness, invoking Sec. 20, Rule 130 of the Revised Rules of Court On June 20, 1977, this Court resolved—(a) to issue a
which provides: temporary restraining order, and (b) to require the Solicitor
SEC. 20. Disqualification by reason of interest or relationship.— General to appear as counsel for the petitioner. 3 The Office of the
The following persons cannot testify as to matters in which they Solicitor General filed its Notice of Appearance on June 27,
are interested, directly or indirectly, as herein enumerated: 1977,4 and its Memorandum in support of the Petition on August
xx xx xx xx xx 30, 1977.5 The respondents filed their Memorandum on
(b) A husband can not be examined for or against his wife September 5, 1977.6 Whereupon, the case was considered
without her consent; nor a wife for or against her husband submitted for decision.7
without his consent, except in a civil case by one against the From the foregoing factual and procedural antecedents
other, or in a criminal case for a crime committed by one against emerges the sole issues determinative of the instant petition, to
the other. wit: Whether or not the criminal case for Falsification of Public
The prosecution opposed said motion to disqualify on the ground Document filed against herein private respondent Benjamin F.
that the case falls under the exception to the rule, contending Manaloto—who allegedly forged the signature of his wife, Victoria
that it is a “criminal case for a crime committed by one against M. Manaloto, in a dead of sale, thereby making it appear that the
the other.” Notwithstanding such opposition, respondent Judge latter gave her marital consent to the sale of a house and lot
granted the motion, disqualifying Victoria Manaloto from belonging to their conjugal partnership when in fact and in truth
testifying for or against her husband, in an order dated March 31, she did not—may be considered as a criminal case for a crime
1977. A motion for reconsideration was filed but was denied by committed by a husband against his wife, and, therefore, an
respondent Judge in an order dated May 19, 1977. exception to the rule on marital disqualification.
Hence, this petition for certiorari filed by the office of the We sustain petitioner’s stand that the case is an exception to
Provincial Fiscal, on behalf of the People of the Philippines, the marital disqualification rule, as a criminal case for a crime
seeking to set aside the aforesaid orders of the respondent Judge committed by the accusedhusband against the witnesswife.
and praying that a preliminary injunction or a tem 1. The act complained of as constituting the crime of
Falsification of Public Document is the forgery by the accused of
_______________ his wife’s signature in a deed of sale, thereby making it appear
therein that said wife consented to the sale of a house and lot
belonging to their conjugal partnership when in fact and in truth We think that the correct rule, which may be adopted in this
she did not. It must be noted that had the sale of the said house jurisdiction, is that laid down in Cargill vs. State, 35 ALR, 133.
and lot, and the signing of the wile’s name by her hus 220, Pac. 64, 26 Okl. 314, wherein the court said:
“The rule that the injury must amount to a physical wrong upon
_______________ the person is too narrow; and the rule that any offense remotely
or indirectly affecting domestic harmony comes within the
3
Rollo, p. 39. exception is too broad. The better rule is that, WHEN AN
4
Ibid., p. 44. OFFENSE DIRECTLY ATTACKS, OR DIRECTLY AND
5
Ibid., p. 76. VITALLY IMPAIRS, THE CONJUGAL RELATION, IT COMES
6
Ibid., p. 87. WITHIN THE EXCEPTION, to the statute that one shall not be a
7
Ibid., p. 99. witness against the other except in a criminal prosecution for a
566 crime committed (by) one against the other.”
566 SUPREME COURT REPORTS ANNOTATED Applying the foregoing criterion in mid case of Ordoño v.
People vs. Castañeda, Jr. Daquigan, this Court held that the rape committed by the
band in the deed of sale, been made with the consent of the wife, husband of the witnesswife against their daughter was a crime
no crime could have been charged against said husband. Clearly, committed by the husband against his wife. Although the victim
therefore, it is the husband’s breach of his wife’s confidence which of the crime committed by the accused in that case was not
gave rise to the offense charged. And it is this same breach of
trust which prompted the wife to make the necessary complaint _______________
with the Office of the Provincial Fiscal which, accordingly, filed
the aforesaid criminal ease with the Court of First Instance of 8
G.R. No. L39012, January 31, 1975, 62 SCRA 270, at 273.
Pampanga. To rule, therefore, that such criminal case is not one 567
for a crime committed by one spouse against the other is to VOL. 88, FEBRUARY 27, 1979 567
advance a conclusion which completely disregards the factual People vs. Castañeda, Jr.
antecendents of the instant case. his wife but their daughter, this Court, nevertheless, applied the
2. This is not the first time that the issue of whether a specific exception for the reason that said criminal act “positively
offense may be classified as a crime committed by one spouse undermine(d) the connubial relationship.”9
against the other is presented to this Court for resolution. Thus, With more reason must the exception apply to the instant case
in the case of Ordoño v. Daquigan,8 this Court, through Mr. where the victim of the crime and the person who stands to be
Justice Ramon C. Aquino, set up the criterion to be followed in directly prejudiced by the falsification is not a third person but
resolving the issue, stating that: the wife herself. And it is undeniable that the criminal act
complained of had the effect of directly and vitally impairing the
conjugal relation. This is apparent not only in the act of the wife
in personally lodging her complaint with the Office of the 11
People vs. Francisco, 78 Phil. 694, 704 (cited in Ordoño vs.
Provincial Fiscal, but also in her insistent efforts 10 in connection Daquigan, supra.).
with the instant petition, which seeks to set aside the order 568
disqualifying her from testifying against her husband. Taken 568 SUPREME COURT REPORTS ANNOTATED
collectively, the actuations of the witnesswife underscore the fact People vs. Castañeda, Jr.
that the martial and domestic relations between her and the against her husband in the instant case. For, as aptly observed by
accusedhusband have become so strained that there is no more the Solicitor General, “(t)o espouse the contrary view would
harmony to be preserved nor peace and tranquillity which may be spawn the dangerous precedent of a husband committing as many
disturbed. In such a case, as We have occasion to point out in falsifications against his wife as he could conjure, seeking shelter
previous decisions, “identity of interests disappears and the in the antimarital privilege as a license to injure and prejudice
consequent danger of perjury based on that identity is her in secret—all with unabashed and complete impunity.”
nonexistent. Likewise, in such a situation, the security and IN VIEW OF ALL THE FOREGOING, the order of the lower
confidences of private life which the law aims at protecting will be court dated March 31, 1977, disqualifying Victoria Manaloto from
nothing but ideals which, through their absence, merely leave a testifying for or against her husband, Benjamin Manaloto, in
void in the unhappy home.”11 Thus, there is no reason to apply the Criminal Case No. 1011, as well as the order dated May 19, 1977,
martial disqualification rule. denying the motion for reconsideration are hereby SET ASIDE.
3. Finally, overriding considerations of public policy demand The temporary restraining order issued by this Court is hereby
that the wife should not be disqualified from testifying lifted and the respondent Judge is hereby ordered to proceed with
the trial of the case, allowing Victoria Manaloto to testify against
_______________ her husband.
SO ORDERED.
9
Id., p. 274.
Fernando (Chairman), Barredo, Antonio, Aquinoand Con
10
Victoria Manaloto, through her counsel, assisted the
Provincial Fiscal of Pampanga in filing the instant petition for cepcion Jr., JJ., concur.
certiorari (rollo, pp. 910). Furthermore, she filed on Aug. 22, 1977 Order set aside.
a memorandum in support of the petition (rollo, pp. 6874), and, Note.—The husband’s sale of conjugal lot without the wife’s
on Dec. 28, 1977, a pleading entitled “Chronologically—Effected consent is not valid. (Villocino vs. Doyon, 18 SCRA 1094; Reyes vs.
Observations and Circumstances in Support of or to Butress De Leon, 20 SCRA 369).
Memorandum for Private Petitioner Victoria M. Manaloto, dated The wife may ask the court to renounce the administrative of
August 18, 1977 “informing this Court that the trouble in her
conjugal properties from the husband for her protection. (Ysasi
marital relation with her husband, the herein private respondent,
vs. Fernandez, 23 SCRA 1079).
is “beyond repair.” (rollo, pp. 105108).
A debt contracted by the wife is a debt of the conjugal therefore, that the testimony of the petitioner is not within the
partnership where the husband was negligent in allowing the prohibition of the rule. The case was not filed against the
wife to incur debts. (Garcia vs. Cruz, 25 SCRA 224). administrator of the estate, nor was it filed upon
An illegal detainer judgment against the husband alone over a claims against the estate. Furthermore, the records show that the
piece of land paraphernal in character cannot bind nor affect the private respondent never objected to the testimony of the
wife’s possession thereof. (Plata vs. Yatco, 12 SCRA 718). petitioner as regards the true nature of his transaction with the
late elder Chuidian. The petitioner’s testimony was subject to
——o0o—— crossexamination by the private respondent’s counsel. Hence,
granting that the petitioner’s testimony is within the prohibition
569 of Section 20(a), Rule 130 of the Rules of Court, the private
234 SUPREME COURT REPORTS ANNOTATED respondent is deemed to have waived the rule.
Razon vs. Intermediate Appellate Court Corporation Law; Transfer of stock certificates.—The law is
G.R. No. 74306. March 16, 1992.* clear that in order for a transfer of stock certificate to be effective,
ENRIQUE RAZON, petitioner, vs. INTERMEDIATE the certificate must be properly indorsed and that title to such
APPELLATE COURT and VICENTE B. CHUIDIAN, in his certificate of stock is vested in the transferee by the delivery of
capacity as Administrator of the Estate of the Deceased JUAN T. the duly indorsed certificate of stock. (Section 35, Corporation
CHUIDIAN, respondents. Code) Since the certificate of stock covering the questioned 1,500
G.R. No. 74315. March 16, 1992.* shares of stock registered in the
VICENTE B. CHUIDIAN, petitioner, vs. INTERMEDIATE
APPELLATE COURT, ENRIQUE RAZON, and E. RAZON, INC., _______________
respondents.
THIRD DIVISION.
*
Evidence; “Dead man’s statute.”—In the instant case, the
235
testimony excluded by the appellate court is that of the defendant
VOL. 207, MARCH 16, 1992 235
(petitioner herein) to the effect that the late Juan Chuidian, (the
father of private respondent Vicente Chuidian, the administrator Razon vs. Intermediate Appellate Court
of the estate of Juan Chuidian) and the defendant agreed in the name of the late Juan Chuidian was never indorsed to the
lifetime of Juan Chuidian that the 1,500 shares of stock in E. petitioner, the inevitable conclusion is that the questioned shares
Razon, Inc. are actually owned by the defendant unless the of stock belong to Chuidian. The petitioner’s asseveration that he
deceased Juan Chuidian opted to pay the same which never did not require an indorsement of the certificate of stock in view
happened. The case was filed by the administrator of the estate of of his intimate friendship with the late Juan Chuidian can not
overcome the failure to follow the procedure required by law or
the late Juan Chuidian to recover shares of stock in E. Razon, Inc.
the proper conduct of business even among friends. To reiterate,
allegedly owned by the late Juan T. Chuidian. It is clear,
indorsement of the certificate of stock is a mandatory Enrique B. Razon, E. Razon, Inc., Geronimo Velasco, Francisco de
requirement of law for an effective transfer of a certificate of Borja, Jose Francisco, Alfredo B. de Leon, Jr., Gabriel Llamas and
stock. Luis M. de
236
PETITIONS to review the decision and resolution of the then 236 SUPREME COURT REPORTS ANNOTATED
Intermediate Appellate Court. Razon vs. Intermediate Appellate Court
Razon be ordered to deliver certificates of stocks representing the
The facts are stated in the opinion of the Court.
shareholdings of the deceased Juan T. Chuidian in the E. Razon,
Rafael T. Durian for Enrique Razon. Inc. with a prayer for an order to restrain the defendants from
Manuel R. Singson for Vicente B. Chuidian. disposing of the said shares of stock, for a writ of preliminary
attachment v. properties of defendants having possession of
GUTIERREZ, JR., J.: shares of stock and for receivership of the properties of defendant
corporation x x x.
The main issue in these consolidated petitions centers on the xxx xxx xxx
ownership of 1,500 shares of stock in E. Razon, Inc. covered by In their answer filed on June 18, 1973, defendants alleged
Stock Certificate No. 003 issued on April 23, 1966 and registered that all the shares of stock in the name of stockholders of record
under the name of Juan T. Chuidian in the books of the of the corporation were fully paid for by defendant, Razon; that
corporation. The then Court of First Instance of Manila, now said shares are subject to the agreement between defendants and
Regional Trial Court of Manila, declared that Enrique Razon, the incorporators; that the shares of stock were actually owned and
petitioner in G.R. No. 74306 is the owner of the said shares of remained in the possession of Razon. Appellees also alleged xxx
stock. The then Intermediate Appellate Court, now Court of that neither the late Juan T. Chuidian nor the appellant had paid
Appeals, however, reversed the trial court’s decision and ruled any amount whatsoever for the 1,500 shares of stock in question x
that Juan T. Chuidian, the deceased father of petitioner Vicente x x.
B. Chuidian in G.R. No. 74315 is the owner of the shares of stock. xxx xxx xxx
Both parties filed separate motions for reconsideration. Enrique The evidence of the plaintiff shows that he is the
Razon wanted the appellate court’s decision reversed and the trial administrator of the intestate estate of Juan Telesforo Chuidian
court’s decision affirmed while Vicente Chuidian asked that all in Special Proceedings No. 71054, Court of First Instance of
cash and stock dividends and all the preemptive rights accruing Manila.
to the 1,500 shares of stock be ordered delivered to him. The Sometime in 1962, Enrique Razon organized the E. Razon,
appellate court denied both motions. Hence, these petitions. Inc. for the purpose of bidding for the arrastre services in South
The relevant antecedent facts are as follows: Harbor, Manila. The incorporators consisted of Enrique Razon,
“In his complaint filed on June 29, 1971, and amended on Enrique Valles, Luisa M. de Razon, Jose Tuason, Jr., Victor Lim,
November 16, 1971, Vicente B. Chuidian prayed that defendants Jose F. Castro and Salvador Perez de Tagle.
On April 23, 1966, stock certificate No. 003 for 1,500 shares of the parties as confirmed by the trial court in its order of August 7,
stock of defendant corporation was issued in the name of Juan T. 1971.
Chuidian. Thus, the 1,500 shares of stock under Stock Certificate No.
On the basis of the 1,500 shares of stock, the late Juan T. 003 were delivered by the late Chuidian to Enrique because it
Chuidian and after him, the plaintiffappellant, were elected as was the latter who paid for all the subscription on the shares of
directors of E. Razon, Inc. Both of them actually served and were stock in the defendant corporation and the understanding was
paid compensation as directors of E. Razon, Inc. that he (defendant Razon) was the owner of the said shares of
“From the time the certificate of stock was issued on April stock and was to have possession thereof until such time as he
1966 up to April 1971, Enrique Razon had not questioned the was paid therefor by the other nominal incorporators/stockholders
ownership by Juan T. Chuidian of the shares of stock in question (TSN., pp. 4, 8, 10, 2425, 2526, 2831, 3132, 60, 6668, July 22,
and had not brought any action to have the certificate of stock 1980, Exhs. “C”, “11”, “13” “14”).” (Rollo—74306, pp. 6668)
over the said shares cancelled. In G.R. No. 74306, petitioner Enrique Razon assails the appellate
The certificate of stock was in the possession of defendant court’s decision on its alleged misapplication of the dead man’s
Razon who refused to deliver said shares to the plaintiff, until the statute rule under Section 20(a) Rule 130 of the Rules of Court.
same was surrendered by defendant Razon and deposited in a According to him, the “dead man’s statute” rule is not applicable
safety box in Philippine Bank of Commerce. to the instant case. Moreover, the private respondent, as plaintiff
Defendants allege that after organizing the E. Razon, Inc., in the case did not object to his oral testimony regarding the oral
Enrique Razon distributed shares of stock previously placed in agreement between him and the deceased Juan T. Chuidian that
the names of the withdrawing nominal incorporators to some the ownership of the shares of stock was actually vested in the
friends including Juan T. Chuidian. petitioner unless the deceased opted to pay the same; and that
Stock Certificate No. 003 covering 1,500 shares of stock upon the petitioner was subjected to a rigid cross examination
237 regarding such testimony.
VOL. 207, MARCH 16, 1992 237 Section 20(a) Rule 130 of the Rules of Court (Section 23 of the
Razon vs. Intermediate Appellate Court Revised Rules on Evidence) states:
instruction of the late Chuidian on April 23, 1966 was personally “SEC. 20. Disqualification by reason of interest or relationship—
delivered by Chuidian on July 1, 1966 to the Corporate Secretary The following persons cannot testify as to matters in which they
of Attorney Silverio B. de Leon who was himself an associate of are interested directly or indirectly, as herein enumerated.
the Chuidian Law Office (Exhs. C & 11). Since then, Enrique (a) Parties or assignors of parties to a case, or persons in
Razon was in possession of said stock certificate even during the whose behalf a case is prosecuted, against an executor or
lifetime of the late Chuidian, from the time the late Chuidian administrator or other representative of a deceased person, or
delivered the said stock certificate to defendant Razon until the against a person of unsound mind, upon a claim or demand
time (sic) of defendant Razon. By agreement of the parties (sic)
against the estate of such deceased person or against such person
delivered it for deposit with the bank under the joint custody of
of unsound mind, cannot testify as to any matter of fact accruing same which never happened. The case was filed by
before the death of such deceased the administrator of the estate of the late Juan Chuidian to
238 recover shares of stock in E. Razon, Inc. allegedly owned by the
238 SUPREME COURT REPORTS ANNOTATED late Juan T. Chuidian.
Razon vs. Intermediate Appellate Court It is clear, therefore, that the testimony of the petitioner is not
person or before such person became of unsound mind.” (Italics within the prohibition of the rule. The case was not
supplied) filed against the administrator of the estate, nor was it filed upon
xxx xxx xxx claims against the estate.
The purpose of the rule has been explained by this Court in this Furthermore, the records show that the private respondent
wise: never objected to the testimony of the petitioner as regards the
“The reason for the rule is that if persons having a claim against true nature of his transaction with the late elder Chuidian. The
the estate of the deceased or his properties were allowed to testify petitioner’s testimony was subject to crossexamination by the
as to the supposed statements made by him (deceased person), 239
many would be tempted to falsely impute statements to deceased VOL. 207, MARCH 16, 1992 239
persons as the latter can no longer deny or refute them, thus
Razon vs. Intermediate Appellate Court
unjustly subjecting their properties or rights to false or
private respondent’s counsel. Hence, granting that the
unscrupulous claims or demands. The purpose of the law is to
petitioner’s testimony is within the prohibition of Section 20(a),
‘guard against the temptation to give false testimony in regard to
Rule 130 of the Rules of Court, the private respondent is deemed
the transaction in question on the part of the surviving party.’
to have waived the rule. We ruled in the case of Cruz v. Court of
(Tongco v. Vianzon, 50 Phil. 698; Go Chi Gun, et al. v. Co Cho, et
al., 622 [1955]) Appeals (192 SCRA 209 [1990]):
The rule, however, delimits the prohibition it contemplates in “It is also settled that the court cannot disregard evidence which
that it is applicable to a case against the administrator or its would ordinarily be incompetent under the rules but has been
rendered admissible by the failure of a party to object thereto.
representative of an estate upon a claim against the estate of the
Thus:
deceased person. (See Tongco v. Vianzon, 50 Phil. 698 [1927])
“ ‘xxx The acceptance of an incompetent witness to testify in a
In the instant case, the testimony excluded by the appellate
civil suit, as well as the allowance of improper questions that may
court is that of the defendant (petitioner herein) to the effect that
be put to him while on the stand is a matter resting in the
the late Juan Chuidian, (the father of private respondent Vicente
discretion of the litigant. He may assert his right by timely
Chuidian, the administrator of the estate of Juan Chuidian) and
objection or he may waive it, expressly or by silence. In any case
the defendant agreed in the lifetime of Juan Chuidian that the
the option rests with him. Once admitted, the testimony is in the
1,500 shares of stock in E. Razon, Inc. are actually owned by the
defendant unless the deceased Juan Chuidian opted to pay the case for what it is worth and the judge has no power to disregard
it for the sole reason that it could have been excluded, if it had The petitioner maintains that his aforesaid oral testimony as
been objected to, nor to strike it out on its own motion (Emphasis regards the true nature of his agreement with the late Juan
supplied). (Marella vs. Reyes, 12 Phil. 1.)” Chuidian on the 1,500 shares of stock of E. Razon, Inc. is
The issue as to whether or not the petitioner’s testimony is sufficient to prove his ownership over the said 1,500 shares of
admissible having been settled, we now proceed to discuss the stock.
fundamental issue on the ownership of the 1,500 shares of stock The petitioner’s contention is not correct.
in E. Razon, Inc. In the case of Embassy Farms, Inc. v. Court of Appeals(188
E. Razon, Inc. was organized in 1962 by petitioner Enrique SCRA 492 [1990]) we ruled:
Razon for the purpose of participating in the bidding for the “xxx For an effective transfer of shares of stock the mode and
arrastre services in South Harbor, Manila. The incorporators manner of transfer as prescribed by law must be followed (Navea
were Enrique Razon, Enrique Valles, Luisa M. de Razon, Jose v. Peers Marketing Corp., 74 SCRA 65). As provided under
Tuazon, Jr., Victor L. Lim, Jose F. Castro and Salvador Perez de Section 3 of Batas Pambansa Bilang 68, otherwise known as the
Tagle. The business, however, did not start operations until 1966. Corporation Code of the Philippines, shares of stock may be
According to the petitioner, some of the incorporators withdrew transferred by delivery to the transferee of the certificate properly
from the said corporation. The petitioner then distributed the indorsed. Title may be vested in the transferee by the delivery of
stocks previously placed in the names of the withdrawing nominal the duly indorsed certificate of stock (18 C.J.S. 928, cited
incorporators to some friends, among them the late Juan T. in Rivera v. Florendo, 144 SCRA 643). However, no transfer shall
Chuidian to whom he gave 1,500 shares of stock. The shares of be valid, except as between the parties until the transfer is
stock were registered in the name of Chuidian only as nominal properly recorded in the books of the corporation” (Sec. 63,
stockholder and with the agreement that the said shares of stock Corporation Code of the Philippines; Section 35 of the Corporation
were owned and held by the petitioner but Chuidian was given Law)
the option to buy the same. In view of this arrangement, Chuidian In the instant case, there is no dispute that the questioned 1,500
in 1966 delivered to the petitioner the stock certificate covering shares of stock of E. Razon, Inc. are in the name of the late Juan
the 1,500 shares of stock of E. Razon, Chuidian in the books of the corporation. Moreover, the records
240 show that during his lifetime Chuidian was elected member of the
240 SUPREME COURT REPORTS ANNOTATED Board of Directors of the corporation which clearly shows that he
was a stockholder of the corporation. (See Section 30, Corporation
Razon vs. Intermediate Appellate Court
Code) From the point of view of the corporation, therefore,
Inc. Since then, the petitioner had in his possession the certificate
Chuidian was the owner of the 1,500 shares of stock. In such a
of stock until the time, he delivered it for deposit with the
case, the petitioner who claims ownership over the questioned
Philippine Bank of Commerce under the parties’ joint custody
shares of stock must show that the same were transferred to him
pursuant to their agreement as embodied in the trial court’s
by proving that all the requirements for the effective transfer of
order.
shares of stock in accordance with the corporation’s by laws, if
any, were followed (See Nava v. Peers Marketing Corporation, 74 shares of stock were given to Juan T. Chuidian in payment of his
SCRA 65 [1976]) legal services to the corporation. Petitioner Razon failed to
241 overcome this testimony.
VOL. 207, MARCH 16, 1992 241 In G.R. No. 74315, petitioner Vicente B. Chuidian insists that
Razon vs. Intermediate Appellate Court the appellate court’s decision declaring his deceased father Juan
or in accordance with the provisions of law. T. Chuidian as owner of the 1,500 shares of stock of E. Razon, Inc.
The petitioner failed in both instances. The petitioner did not should have included all cash and stock dividends and all the
present any bylaws which could show that the 1,500 shares of preemptive rights accruing to the said 1,500 shares of stock.
stock were effectively transferred to him. In the absence of the The petition is impressed with merit.
corporation’s by laws or rules governing effective transfer of The cash and stock dividends and all the preemptive rights
shares of stock, the provisions of the Corporation Law are made are all incidents of stock ownership.
applicable to the instant case. The rights of stockholders are generally enumerated as fol
The law is clear that in order for a transfer of stock certificate 242
to be effective, the certificate must be properly indorsed and that 242 SUPREME COURT REPORTS ANNOTATED
title to such certificate of stock is vested in the transferee by the Razon vs. Intermediate Appellate Court
delivery of the duly indorsedcertificate of stock. (Section 35, lows:
Corporation Code) Since the certificate of stock covering the x x x x x x x x x
questioned 1,500 shares of stock registered in the name of the late “x x x [F]irst, to have a certificate or other evidence of his
Juan Chuidian was never indorsed to the petitioner, the status as stockholder issued to him; second, to vote at meetings of
inevitable conclusion is that the questioned shares of stock belong the corporation; third, to receive his proportionate share of the
to Chuidian. The petitioner’s asseveration that he did not require profits of the corporation; and lastly, to participate
an indorsement of the certificate of stock in view of his intimate proportionately in the distribution of the corporate assets upon
friendship with the late Juan Chuidian can not overcome the the dissolution or winding up. (Purdy’s Beach on Private
failure to follow the procedure required by law or the proper Corporations, sec. 554)” (Pascual v. Del Saz Orozco, 19 Phil. 82,
conduct of business even among friends. To reiterate, 87)
indorsement of the certificate of stock is a mandatory WHEREFORE, judgment is rendered as follows:
requirement of law for an effective transfer of a certificate of
stock. Moreover, the preponderance of evidence supports the 1. a)In G.R. No. 74306, the petition is DISMISSED. The
appellate court’s factual findings that the shares of stock were questioned decision and resolution of the then
given to Juan T. Chuidian for value. Juan T. Chuidian was the Intermediate Appellate Court, now the Court of Appeals,
legal counsel who handled the legal affairs of the corporation. We are AFFIRMED. Costs against the petitioner.
give credence to the testimony of the private respondent that the
2. b)In G.R. No. 74315, the petition is GRANTED. The
questioned Resolution insofar as it denied the
petitioner’s motion to clarify the dispositive portion of
the decision of the then Intermediate Appellate Court,
now Court of Appeals is REVERSED and SET ASIDE.
The decision of the appellate court is MODIFIED in that
all cash and stock dividends as well as all preemptive
rights that have accrued and attached to the 1,500
shares in E. Razon, Inc., since 1966 are declared to
belong to the estate of Juan T. Chuidian.
SO ORDERED.
Bidin, Davide, Jr. and Romero, JJ., concur. VOL. 363, AUGUST 15, 2001 249
Feliciano, J., On leave. SungaChan vs. Chua
G.R. No. 74306 dismissed; decision and resolution affirmed. G.R. No. 143340. August 15, 2001.*
G.R. No. 74315, granted. Resolution and decision reversed and LILIBETH SUNGACHAN and CECILIA SUNGA,
set aside. petitioners, vs. LAMBERTO T. CHUA, respondent.
Note.—For an effective transfer of shares of stock, the mode Partnership; Contracts; A partnership may be constituted in
and manner of transfer as prescribed by law should be followed. any form, except where immovable property or real rights are
(Embassy Farms, Inc. vs. Court of Appeals, 188 SCRA 492.) contributed thereto, in which case a public instrument shall be
necessary.—A partnership may be constituted in any form, except
——o0o—— where immovable property or real rights are contributed thereto,
in which case a public instrument shall be necessary. Hence,
243 based on the intention of the parties, as gathered from the facts
© Copyright 2018 Central Book Supply, Inc. All rights and ascertained from their language and conduct, a verbal
reserved. contract of partnership may arise. The essential points that must
be proven to show that a partnership was agreed upon are (1)
mutual contribution to a common stock, and (2) a joint interest in
the profits. Understandably so, in view of the absence of a written
contract of partnership between respondent and Jacinto,
respondent resorted to the introduction of documentary and
testimonial evidence to prove said partnership. The crucial issue before the death of such deceased person or before such person
to settle then is whether or not the “Dead Man’s Statute” became of unsound mind.”
Same; Same; Same; Same; When it is the executor or
_______________ administrator or representatives of the estate that sets up the
counterclaim, the plaintiff, herein respondent, may testify to
*
THIRD DIVISION.
250 occurrences before the death of the deceased to defeat the
2 SUPREME COURT REPORTS ANNOTATED counterclaim.—Two reasons forestall the application of the “Dead
50 Man’s Statute” to this case. First, petitioners filed a compulsory
counterclaim against respondent in their answer before the trial
SungaChan vs. Chua
court, and with the filing of their counterclaim, petitioners
applies to this case so as to render inadmissible respondent’s
themselves effectively removed this case from the ambit of the
testimony and that of his witness, Josephine.
“Dead Man’s Statute.” Well entrenched is the rule that when it is
Same; Evidence; Dead Man’s Statute; Requirements; The
the executor or administrator or representatives of the estate that
“Dead Man’s Statute” provides that if one party to the alleged sets up the counterclaim, the plaintiff, herein respondent, may
transaction is precluded from testifying by death, insanity, or testify to occurrences before the death of the deceased to defeat
other mental disabilities, the surviving party is not entitled to the counterclaim. Moreover, as defendant in the counterclaim,
undue advantage of giving his own uncontradicted and respondent is not disqualified from testifying as to matters of fact
occurring before the death of the deceased, said action not having
unexplained account of the transaction.—The “Dead Man’s
been brought against but by the estate or representatives of the
Statute” provides that if one party to the alleged transaction is
deceased.
precluded from testifying by death, insanity, or other mental
251
disabilities, the surviving party is not entitled to the undue
advantage of giving his own uncontradicted and unexplained VOL. 363, AUGUST 15, 2001 251
account of the transaction. But before this rule can be successfully SungaChan vs. Chua
invoked to bar the introduction of testimonial evidence, it is Same; Same; Words and Phrases; “Assignor” of a party
necessary that: “1. The witness is a party or assignor of a party to means “assignor of a cause of action which has arisen, and not the
a case or persons in whose behalf a case is prosecuted. 2. The assignor of a right assigned before any cause of action has
action is against an executor or administrator or other
arisen.”—The testimony of Josephine is not covered by the “Dead
representative of a deceased person or a person of unsound mind;
Man’s Statute” for the simple reason that she is not “a party or
3. The subjectmatter of the action is a claim or demand against
assignor of a party to a case or persons in whose behalf a case is
the estate of such deceased person or against person of unsound
prosecuted.” Records show that respondent offered the testimony
mind; 4. His testimony refers to any matter of fact which occurred
of Josephine to establish the existence of the partnership between
respondent and Jacinto. Petitioners’ insistence that Josephine is The facts are stated in the opinion of the Court.
the alter ego of respondent does not make her an assignor because Manuel T. Chan for petitioners.
the term “assignor” of a party means “assignor of a cause of action Pacatang Law Office for respondent.
which has arisen, and not the assignor of a right assigned before 252
any cause of action has arisen.” Plainly then, Josephine is merely
252 SUPREME COURT REPORTS ANNOTATED
a witness of respondent, the latter being the party plaintiff.
SungaChan vs. Chua
Same; Dissolution; The Civil Code expressly provides that
upon dissolution, the partnership continues and its legal GONZAGAREYES, J.:
personality is retained until the complete winding up of its
business culminating in its termination.—With regard to Before us is a petition for review on certiorari under Rule 45 of
petitioners’ insistence that laches and/or prescription should have the Rules of Court of the Decision 1 of the Court of Appeals dated
extinguished respondent’s claim, we agree with the trial court January 31, 2000 in the case entitled “Lamberto T. Chua vs.
and the Court of Appeals that the action for accounting filed by Lilibeth Sunga Chan and Cecilia Sunga” and of the Resolution
respondent three (3) years after Jacinto’s death was well within dated May 23, 2000 denying the motion for reconsideration of
the prescribed period. The Civil Code provides that an action to herein petitioners Lilibeth Sunga Chan and Cecilia Sunga
enforce an oral contract prescribes in six (6) years while the right (hereafter collectively referred to as petitioners).
to demand an accounting for a partner’s interest as against the The pertinent facts of this case are as follows:
person continuing the business accrues at the date of dissolution, On June 22, 1992, Lamberto T. Chua (hereafter respondent)
in the absence of any contrary agreement. Considering that the filed a complaint against Lilibeth Sunga Chan (hereafter
death of a partner results in the dissolution of the partnership, in petitioner Lilibeth) and Cecilia Sunga (hereafter petitioner
this case, it was after Jacinto’s death that respondent as the Cecilia), daughter and wife, respectively of the deceased Jacinto
surviving partner had the right to an account of his interest as L. Sunga (hereafter Jacinto), for “Winding Up of Partnership
against petitioners. It bears stressing that while Jacinto’s death Affairs, Accounting, Appraisal and Recovery of Shares and
dissolved the partnership, the dissolution did not immediately Damages with Writ of Preliminary Attachment” with the
terminate the partnership. The Civil Code expressly provides that Regional Trial Court, Branch 11, Sindangan, Zamboanga del
upon dissolution, the partnership continues and its legal Norte.
personality is retained until the complete winding up of its Respondent alleged that in 1977, he verbally entered into a
business, culminating in its termination. partnership with Jacinto in the distribution of Shellane Liquefied
Petroleum Gas (LPG) in Manila. For business convenience,
PETITION for review on certiorari of a decision of the Court of respondent and Jacinto allegedly agreed to register the business
Appeals. name of their partnership, SHELLITE GAS APPLIANCE
CENTER (hereafter Shellite), under the name of Jacinto as a sole
proprietorship. Respondent allegedly delivered his initial capital and management of Shellite without respondent’s consent.
contribution of P100,000.00 to Jacinto while the latter in turn Despite respondent’s repeated demands upon petitioners for
produced P100,000.00 as his counterpart contribution, with the accounting, inventory, appraisal, winding up and restitution of
intention that the profits would be equally divided between them. his net shares in the partnership, petitioners failed to comply.
The partnership allegedly had Jacinto as manager, assisted by Petitioner Lilibeth allegedly continued the operations of Shellite,
Josephine Sy (hereafter Josephine), a sister of the wife of converting to her own use and advantage its properties.
respondent, Erlinda Sy. As compensation, Jacinto would receive a On March 31, 1991, respondent claimed that after petitioner
manager’s fee or remuneration of 10% of the gross profit and Lilibeth ran out of alibis and reasons to evade respondent’s
Josephine would receive 10% of the net profits, in addition to her demands, she disbursed out of the partnership funds the amount
wages and other remuneration from the business. of P200,000.00 and partially paid the same to respondent.
Petitioner Lilibeth allegedly informed respondent that the
_______________ P200,000.00 represented partial payment of the latter’s share in
the partnership, with a promise that the former would make the
Per Associate Justice Delilah VidallonMagtolis and
1
complete inventory and winding up of the properties of the
concurred in by Associate Justices Bernardo P. Abesamis and business establishment. Despite such commitment, petitioners
Mercedes GozoDadole, Court of Appeals, Fourteenth Division. allegedly failed to comply with their duty to account, and
253 continued to benefit from the assets and income of Shellite to the
VOL. 363, AUGUST 15, 2001 253 damage and prejudice of respondent.
SungaChan vs. Chua On December 19, 1992, petitioners filed a Motion to Dismiss
Allegedly, from the time that Shellite opened for business on July on the ground that the Securities and Exchange Commission
8, 1977, its business operation went quite well and was profitable. (SEC) in Manila, not the Regional Trial Court in Zamboanga del
Respondent claimed that he could attest to the success of their Norte had jurisdiction over the action. Respondent opposed the
business because of the volume of orders and deliveries of filled motion to dismiss.
Shellane cylinder tanks supplied by Pilipinas Shell Petroleum On January 12, 1993, the trial court finding the complaint
Corporation. While Jacinto furnished respondent with the sufficient in form and substance denied the motion to dismiss.
merchandise inventories, balance sheets and net worth of Shellite 254
from 1977 to 1989, respondent however suspected that the 254 SUPREME COURT REPORTS ANNOTATED
amount indicated in these documents were understated and SungaChan vs. Chua
undervalued by Jacinto and Josephine for their own selfish On January 30, 1993, petitioners filed their Answer with
reasons and for tax avoidance. Compulsory Counterclaims, contending that they are not liable
Upon Jacinto’s death in the later part of 1989, his surviving for partnership shares, unreceived income/profits, interests,
wife, petitioner Cecilia and particularly his daughter, petitioner damages and attorney’s fees, that respondent does not have a
Lilibeth, took over the operations, control, custody, disposition cause of action against them, and that the trial court has no
jurisdiction over the nature of the action, the SEC being the _________________
agency that has original and exclusive jurisdiction over the case.
As counterclaim, petitioner sought attorney’s fees and expenses of 2
Rollo, p. 185.
litigation. 255
On August 2, 1993, petitioner filed a second Motion to Dismiss VOL. 363, AUGUST 15, 2001 255
this time on the ground that the claim for winding up of SungaChan vs. Chua
partnership affairs, accounting and recovery of shares in Respondent presented his evidence while petitioners were
partnership affairs, accounting and recovery of shares in considered to have waived their right to present evidence for their
partnership assets/properties should be dismissed and prosecuted failure to attend the scheduled date for reception of evidence
against the estate of deceased Jacinto in a probate or intestate despite notice.
proceeding. On October 7, 1997, the trial court rendered its Decision
On August 16, 1993, the trial court denied the second motion ruling for respondent. The dispositive portion of the Decision
to dismiss for lack of merit. reads:
On November 26, 1993, petitioners filed their Petition for “WHEREFORE, judgment is hereby rendered in favor of the
Certiorari, Prohibition and Mandamus with the Court of Appeals plaintiff and against the defendants, as follows:
docketed as CAG.R. SP No. 32499 questioning the denial of the
motion to dismiss. 1. (1)DIRECTING them to render an accounting in
On November 29, 1993, petitioners filed with the trial court a acceptable form under accounting procedures and
Motion to Suspend Pretrial Conference. standards of the properties, assets, income and profits of
On December 13, 1993, the trial court granted the motion to the Shellite Gas Appliance Center since the time of
suspend pretrial conference. death of Jacinto L. Sunga, from whom they continued
On November 15, 1994, the Court of Appeals denied the the business operations including all businesses derived
petition for lack of merit. from the Shellite Gas Appliance Center; submit an
On January 16, 1995, this Court denied the petition for inventory, and appraisal of all these properties, assets,
review, on certiorari filed by petitioner, “as petitioners failed to income, profits, etc. to the Court and to plaintiff for
show that a reversible error was committed by the appellate approval or disapproval;
court.”2
On February 20, 1995, entry of judgment was made by the
2. (2)ORDERING them to return and restitute to the
Clerk of Court and the case was remanded to the trial court on
partnership any and all properties, assets, income and
April 26, 1995.
profits they misapplied and converted to their own use
On September 25, 1995, the trial court terminated the pre
and advantage that legally pertain to the plaintiff and
trial conference and set the hearing of the case on January 17,
account for the properties mentioned in pars. A and B on
1996.
pages 45 of this petition as basis;
3. (3)DIRECTING them to restitute and pay to the plaintiff On October 28, 1997, petitioners filed a Notice of Appeal with the
1/2 shares and interest of the plaintiff in the partnership trial court, appealing the case to the Court of Appeals.
of the listed properties, assets and good will (sic) in On January 31, 2000, the Court of Appeals dismissed the
schedules A, B and C, on pages 45 of the petition; appeal. The dispositive portion of the Decision reads:
“WHEREFORE, the instant appeal is dismissed. The appealed
4. (4)ORDERING them to pay the plaintiff earned but decision is AFFIRMED in all respects.”4
unreceived income and profits from the partnership from On May 23, 2000, the Court of Appeals denied the motion for
1988 to May 30, 1992, when the plaintiff learned of the reconsideration filed by petitioner.
closure of the store the sum of P35,000.00 per month, Hence, this petition wherein petitioner relies upon the
with legal rate of interest until fully paid; following grounds:
5. (5)ORDERING them to wind up the affairs of the 1. “1.The Court of Appeals erred in making a legal
partnership and terminate its business activities conclusion that there existed a partnership between
pursuant to law, after delivering to the plaintiff all the respondent Lamberto T. Chua and the late Jacinto L.
1/2 interest, shares, participation and equity in the Sunga upon the latter’s invitation and offer and that
partnership, or the value thereof in money or money’s upon his death the partnership assets and business were
worth, if the properties are not physically divisible; taken over by petitioners.
1. “1.The witness is a party or assignor of a party to a case RULES ON EVIDENCE, VOL. V (1999), pp. 308309.
or persons in whose behalf a case is prosecuted.
11
Records, pp. 4751.
12
See Goni vs. Court of Appeals, 144 SCRA 222 (1986).
2. 2.The action is against an executor or administrator or
13
HERRERA, supra, p. 310.
other representative of a deceased person or a person of 259
unsound mind; VOL. 363, AUGUST 15, 2001 259
SungaChan vs. Chua
3. 3.The subjectmatter of the action is a claim or demand testifying as to matters of fact occurring before the death of the
against the estate of such deceased person or against deceased, said action not having been brought against but by the
person of unsound mind; estate or representatives of the deceased.14
Second, the testimony of Josephine is not covered by the “Dead
4. 4.His testimony refers to any matter of fact which Man’s Statute” for the simple reason that she is not “a party or
occurred before the death of such deceased person or assignor of a party to a case or persons in whose behalf a case is
before such person became of unsound mind.”10 prosecuted.” Records show that respondent offered the testimony
of Josephine to establish the existence of the partnership between
Two reasons forestall the application of the “Dead Man’s Statute” respondent and Jacinto. Petitioners’ insistence that Josephine is
to this case. the alter ego of respondent does not make her an assignor because
First, petitioners filed a compulsory counterclaim 11against the term “assignor” of a party means “assignor of a cause of action
respondent in their answer before the trial court, and with the which has arisen, and not the assignor of a right assigned before
filing of their counterclaim, petitioners themselves effectively any cause of action has arisen.” 15 Plainly then, Josephine is
merely a witness of respondent, the latter being the party respondent as sufficient to prove the formation of a partnership,
plaintiff. albeit an informal one.
We are not convinced by petitioners’ allegation that Notably, petitioners did not present any evidence in their
Josephine’s testimony lacks probative value because she was favor during trial. By the weight of judicial precedents, a factual
allegedly coerced by respondent, her brotherinlaw, to testify in matter like the finding of the existence of a partnership between
his favor. Josephine merely declared in court that she was respondent and Jacinto cannot be inquired into by this Court on
requested by respondent to testify and that if she were not review.17 This Court can no longer be tasked to go over the proofs
requested to do so she would not have testified. We fail to see how presented by the parties and analyze, assess and weigh them to
we can conclude from this candid admission that Josephine’s ascertain if the trial court and the appellate court were correct in
testimony is involuntary when she did not in any way according superior credit to this or that piece of evidence of one
categorically say that she was forced to be a witness of party or the other.18 It must be also pointed out that petitioners
respondent. Also, the fact that Josephine is the sister of the wife failed to attend the presentation of evidence of respondent.
of respondent does not diminish the value of her testimony since Petitioners cannot now turn to this Court to question the
relationship per se, without more, does not affect the credibility of admissibility and authenticity of the documentary evidence of
witnesses.16 respondent when petitioners failed to object to the admissibility of
Petitioners’ reliance alone on the “Dead Man’s Statute” to the evidence at the time that such evidence was offered.19
defeat respondent’s claim cannot prevail over the factual findings With regard to petitioners’ insistence that laches and/or
of the trial court and the Court of Appeals that a partnership was prescription should have extinguished respondent’s claim, we
established between respondent and Jacinto. Based not only on agree with the trial court and the Court of Appeals that the action
the testimonial evidence, but the documentary evidence as well, for accounting filed by respondent three (3) years after Jacinto’s
the trial court and the Court of Appeals considered the evidence death was well within the prescribed period. The Civil Code
for provides that an action to enforce an oral contract prescribes in
six (6) years20 while the right to demand an accounting for a
__________________ partner’s interest as against the person continuing the business
accrues at the date of dissolution, in the absence of any contrary
14
Goni vs. Court of Appeals, supra, p. 233. agreement.21Consider
15
RICARDO J. FRANCISCO, EVIDENCE, THIRD EDITION
(1996), p. 135. ________________
16
People vs. Nang, 289 SCRA 16 (1998), p. 32.
260
17
Alicbusan vs. Court of Appeals, 269 SCRA 336 (1997), p. 341
260 SUPREME COURT REPORTS ANNOTATED
18
Ibid.
SungaChan vs. Chua
19
See Chua vs. Court of Appeals, 301 SCRA 356 (1999).
20
”The following actions must be commenced within six years:
1. (1)Upon an oral contract; and does not invalidate the same as among the partners, so long as
the contract has the essential requisites, because the main
2. (2)Upon a quasicontract.” purpose of registration is to give notice to third parties, and it can
be assumed that the members themselves knew of the contents of
Art. 1842, Civil Code:
21 their contract.26 In the case at bar, noncompliance with this
“The right to an account of his interest shall accrue to any directory provision of the law will not invalidate the partnership
partner, or his legal representative as against the winding up considering that the totality of the evidence
partners or the surviving partners or the person or partnership
continuing the business, at the date of dissolution, in the absence __________________
of any ssagreement to the contrary.”
261
22
Article 1830, Civil Code
VOL. 363, AUGUST 15, 2001 261
24
Sy vs. Court of Appeals, 313 SCRA 328 (1999), p. 347.
23
“Art. 1828. The dissolution of a partnership is the change in
SungaChan vs. Chua
the relation of the partners caused by any partner ceasing to be
ing that the death of a partner results in the dissolution of the
partnership,22 in this case, it was after Jacinto’s death that associated in the carrying on as distinguished from the winding
respondent as the surviving partner had the right to an account of up of the business. Art. 1829. On dissolution the partnership is
his interest as against petitioners. It bears stressing that while not terminated, but continues until the winding up of partnership
Jacinto’s death dissolved the partnership, the dissolution did not affairs is completed.”
immediately terminate the partnership. The Civil
25
“The partnership has a juridical personality separate and
Code23 expressly provides that upon dissolution, the partnership distinct from that of each of the partners, even in case of failure to
continues and its legal personality is retained until the complete comply with the requirements of article 1772, first paragraph.”
winding up of its business, culminating in its termination. 24 26
TOLENTINO, supra, p. 325.
In a desperate bid to cast doubt on the validity of the oral 262
partnership between respondent and Jacinto, petitioners 262 SUPREME COURT REPORTS ANNOTATED
maintain that said partnership that had an initial capital of Gold Line Transit, Inc. vs. Ramos
P200,000.00 should have been registered with the Securities and proves that respondent and Jacinto indeed forged the partnership
Exchange Commission (SEC) since registration is mandated by in question.
the Civil Code. True, Article 1772 of the Civil Code requires that WHEREFORE, in view of the foregoing, the petition is
partnerships with a capital of P3,000.00 or more must register DENIED and the appealed decision is AFFIRMED.
with the SEC, however, this registration requirement is not SO ORDERED.
mandatory. Article 1768 of the Civil Code 25 explicitly provides
Melo (Chairman), Vitug, Panganiban and Sandoval
that the partnership retains its juridical personality even if it
fails to register. The failure to register the contract of partnership Gutierrez, JJ., concur.
Petition denied, judgment affirmed.
Notes.—Dissolution of a partnership is the change in the
relation of the parties caused by any partner ceasing to be VOL. 374, JANUARY 25, 2002 555
associated in the carrying on, as might be distinguished from the Bordalba vs. Court of Appeals
winding up, of its businesses. (Sy vs. Court of Appeals, 313 SCRA G.R. No. 112443. January 25, 2002.*
328 [1999]) TERESITA P. BORDALBA, petitioner, vs. COURT OF APPEALS,
The partnership although dissolved, continues to exist until HEIRS OF NICANOR JAYME, namely, CANDIDA FLORES,
its termination, at which time the winding up of its affairs should EMANNUEL JAYME, DINA JAYME DEJORAS, EVELIA
have been completed and the net partnership assets are JAYME, and GESILA JAYME; AND HEIRS OF ASUNCION
partitioned and distributed to the partners. (Sy vs. Court of JAYMEBACLAY, namely, ANGELO JAYMEBACLAY,
Appeals, 313 SCRA 328 [1999]) CARMEN JAYMEDACLAN and ELNORA JAYME BACLAY,
respondents.
——o0o—— Appeals; Evidence; It is doctrinal that findings of facts of the
Court of Appeals upholding those of the trial court are binding
© Copyright 2018 Central Book Supply, Inc. All rights
upon the Supreme Court.—The contentions are without merit. It
reserved.
is doctrinal that findings of facts of the Court of Appeals
upholding those of the trial court are binding upon this Court.
While there are exceptions to this rule, petitioner has not
convinced us that this case falls under one of them.
Land Registration; Land Titles; It is a settled rule that the
Land Registration Act protects only holders of title in good faith,
and does not permit its provision to be used as a shield for the
commission of fraud, or as a means to enrich oneself at the
expense of others.—The Court sees no reason to deviate from the
findings of the trial court that petitioner resorted to fraud and
misrepresentation in obtaining a free patent and title over the lot
under scrutiny. The Court of Appeals correctly pointed out that
misrepresentation tainted petitioner’s application, insofar as her
declaration that the land applied for was not occupied or claimed
by any other person. Her declaration is belied by the extra
judicial partition which she acknowledged, her mother’s aborted
attempt to have the lot registered, private respondents’ Succession; In order that an heir may assert his right to the
predecessorsininterest’s opposition thereto, and by the property of a deceased, no previous judicial declaration of heirship
occupancy of a portion of the said lot by Nicanor Jayme and his
is necessary.—Likewise untenable is the claim of petitioner that
family since 1945. It is a settled rule that the Land Registration
private respondents are not legal heirs of Nicanor Jayme and
Act protects only holders of title in good faith, and does not permit
Asuncion JaymeBaclay. Other than their bare allegations to
its provision to be used as a shield for the commission of fraud, or
dispute their heirship, no hard evidence was presented by them to
as a means to enrich oneself at the expense of others.
substantiate their allegations. Besides, in order that an heir may
Same; Same; Evidence; Dead Man’s Statute; The dead man’s assert his right to the property of a deceased, no previous judicial
statute does not operate to close the mouth of a witness as to any declaration of heirship is necessary.
matter of fact coming to his knowledge in any other way than Evidence; Admissions Against Interest; Where one derives
through personal dealings with the deceased person, or title to property from another, the act, declaration, or omission of
communication made by the deceased to the witness.—As to the the latter, while holding the title, in relation to the property, is
alleged violation of the dead man’s statute, suffice it to state that evidence against the former.—Anent the issue of identity, the
said rule finds no application in the present case. The dead
disparity in the boundaries of Lot No. 1242 (799C) visavis the
boundaries of the lot referred to in the 1947 Deed of Extrajudicial
_______________
Partition can be explained by the fact that Lot No. 1242 (799C) is
only a portion of the entire parcel of land described in the Deed, a
*
FIRST DIVISION.
556 1/3 pro indivisoportion of which was adjudicated each to, first,
5 SUPREME COURT REPORTS ANNOTATED petitioner’s mother, second, to the predecessorsininterest of
private respondents, and third, to an unidentified party. Logically
56
therefore, their boundaries will not be similar. At any rate, the
Bordalba vs. Court of Appeals
records show that the parcel of land adjudicated to the
man’s statute does not operate to close the mouth of a predecessorsininterest of the parties herein was the lot found on
witness as to any matter of fact coming to his knowledge in any the corner of Plaridel and Mabini Streets in Looc, Mandaue City.
other way than through personal dealings with the deceased As admitted further by both parties, Lot No. 1242 (799C) was
person, or communication made by the deceased to the witness. part of the land allotted to their predecessorsininterest in the
Since the claim of private respondents and the testimony of their 1947 Deed of Extrajudicial Partition. Moreover, petitioner’s
witnesses in the present case is based, inter alia, on the 1947 mother acknowledged in her application for registration of Lot
Deed of Extrajudicial Partition and other documents, and not on No. 1242 that the Deed of Extrajudicial Partition was the source
dealings and communications with the deceased, the questioned of her claim over the lot sought to be registered. She further
testimonies were properly admitted by the trial court. admitted that the lot now known as Lot No. 1242 (799C) was
part of the parcel of land inherited by her and her coheirs, to the
extent of 1/3 share each. Under Section 31, Rule 130, of the PETITION for review on certiorari of a decision of the Court of
Revised Rules on Evidence, where one derives title to property Appeals.
from another, the act, declaration, or omission of the latter, while
holding the title, in relation to the property, is evidence against The facts are stated in the opinion of the Court.
the former. V.L. Legaspi for petitioner.
557 Pedro Albino for Rural Bank of Mandaue.
VOL. 374, JANUARY 25, 2002 557 Palma, Palma & Associates for private respondents.
Bordalba vs. Court of Appeals
Land Titles; When the record does not show that the land YNARESSANTIAGO, J.:
subject matter of action has been exactly determined, the action
cannot prosper, inasmuch as the plaintiff’s ownership rights in the This is a petition for review under Rule 45 of the Rules of Court
seeking to set aside the October 20, 1992 Decision of the Court of
land claimed do not appear satisfactorily and conclusively proven
Appeals1 in CAG.R. CV No. 27419, which affirmed with modifica
at the trial; In the present case, while it is true that private
respondents were not able to show the extent of their pro indiviso _______________
right over a lot, they have nevertheless established their claim over
the same, the case should be remanded to the lower court for a new
1
Ninth Division, composed of Associate Justices Nathaniel P.
trial.—In Beo v. Court of Appeals, the Court held that in order De Pano, Jr. (ponente and chairman), Jesus M. Elbinias (member)
that an action for recovery of possession may prosper, it is and Angelina S. Gutierrez (member).
indispensable that he who brings the action must fully prove not 558
only his ownership but also the identity of the property claimed 558 SUPREME COURT REPORTS ANNOTATED
by describing the location, area and boundaries thereof. So that Bordalba vs. Court of Appeals
when the record does not show that the land subject matter of the tion the Decision of the Regional Trial Court of Mandaue, Branch
2
action has been exactly determined, the action cannot prosper, 28, in Civil Case No. MAN386.
inasmuch as the plaintiff’s ownership rights in the land claimed The instant controversy stemmed from Lot No. 1242 (Lot No.
do not appear satisfactorily and conclusively proven at the trial. 799C) with an area of 1,853 square meters and located at Barrio
In the present case, while it is true that private respondents were Looc, Mandaue City. The subject lot is part of a parcel of land
not able to show the extent of their 1/3 pro indiviso right over Lot situated on the corner of Mabini and Plaridel Streets in Mandaue
No. 1242 (799C), they have nevertheless established their claim City, and originally owned by the late spouses Carmeno Jayme
over the said lot. Hence, in line with our ruling in the case and Margarita Espina de Jayme. In 1947, an extrajudicial
of Laluan v. Malpaya, the prudent recourse would be to remand partition,3 written in the Spanish language was executed,
the case to the lower court for a new trial. describing said parcel of land as—
2. otra parcela de terreno urbano en el barrio de Look, Mandawe, SOBRINOS ASUNCION JAYME DE BACLAY Y NICANOR
Cebu, que linda al N. con la Calle Mabini y propiodades de F. JAYME, HIJOS DE LA FINADA ESPIRIDIONA JAYME...”
Jayme; al E. linda con propiodades de Fernando Antigua; al S. (Exhibit “A,” Records, p. 76).
linda con propiodades de Lucas y Victoriano Jayme, y al O. linda 4
Exhibit “A2,” Records, p. 77.
con la Calle Plaridel. La propiodad descrita esta avaluada, con 559
todas sus mejoras, en la cantidad de MIL Y CINCUENTA PESOS VOL. 374, JANUARY 25, 2002 559
........................................................ P1,050.00. 4 Bordalba vs. Court of Appeals
and disposing, inter alia, the same parcel of land as follows: Built on the land adjudicated to the heirs of the spouses is
Nicanor Jayme’s house, which his family occupied since 1945.
1. 1)1/3 in favor of—(a) their grandchild Nicanor Jayme, the Sometime in July 1964, Elena Jayme Vda. de Perez,
deceased spouse of private respondent Candida Flores petitioner’s mother, filed with the Regional Trial Court of Cebu,
and the father of private respondents Emmanuel, Dina, Branch IV, an amended application for the registration 5 of the lot
Evelia and Gesila, all surnamed Jayme; and (b) their described with the following boundaries:
grandchild Asuncion JaymeBaclay, whose heirs are N—Fruelana Jayme & Road
private respondents Agelio Baclay, Elnora Baclay and S—Felicitas de Latonio
Carmen JaymeDaclan; E—Agustin de Jayme
W—Porfirio Jayme, Lot No. 1 and Vivencio Abellana
2. 2)1/3 to their daughter Elena Jayme Vda. de Perez, Elena Jayme Vda. de Perez alleged that the lot sought to be
mother of petitioner Teresita P. Bordalba; and registered was originally a part of a land owned by her late
parents, the spouses Carmeno Jayme and Margarita Espina de
3. 3)1/3 to an unidentified party. Jayme; and that 1/3 of said land was adjudicated to her in an
extrajudicial partition. She further stated that a portion of the
_______________ lot for which title is applied for is occupied by Nicanor Jayme with
her permission.
Penned by Judge Mercedes GozoDadole.
2 Consequently, Nicanor Jayme and Asuncion JaymeBaclay
“CONVENIO DE REPARTICION Y DISTRIBUCION
3 filed their opposition6 contending that said application included
EXTRAJUDICIALES DE LOS BIENES DE LOS ESPOSOS DON the 1/3 portion inherited by them in the 1947 extrajudicial
CARMENO JAYME, Y DOÑA MARGARITA ESPINA DE JAYME partition. The case was, however, dismissed for lack of interest of
CELEBRADO EL... DE.......DE 1947, POR SUS HIJOS, the parties. Subsequently, petitioner filed with the Bureau of
MARIANO JAYME, SEGUNDO JAYME, ANDRES JAYME, Lands of Cebu City an application 7 dated January 10, 1979,
GENEROSA JAYME, TEOFILA JAYME DE OUANO, seeking the issuance of a Free Patent over the same lot subject of
FELECITAS JAYME DE LATONIO Y ELENA JAYME, VIUDA the aborted application of her mother, Elena Jayme, now known
DE PEREZ, CON LA CONCURRENCIA DE LOS DOS as Lot No. 1242 (799C), described as follows:
North: Froilan Jayme and Road 3. 3)Lot No. 1242C with an area of 210 square meters
East: Agustin Jayme covered by TCT 22773 in the name of Teresita P.
South: Alfredo Alivio and Spouses Hilario Gandecila Bordalba;
West: Hilario Gandecila Porferio Jayme and Heirs of Vevencio Abellanosa8
4. 4)Lot No. 1242D with an area of 210 square meters
_______________ covered by TCT 22774 in the name of Teresita Bordalba;
5
Exhibit “B”, Records, pp. 8183. 5. 5)Lot No. 1242E with an area of 216 square meters
6
Exhibit “C”, Records, pp. 8485. covered by TCT 22775 in the name of Teresita P.
7
Exhibit “D”, Records, p. 86. Bordalba;
8
Exhibit “3”, Records, p. 117.
560 6. 6)Lot No. 1242F with an area of 216 square meters and
560 SUPREME COURT REPORTS ANNOTATED covered by TCT No. 22776 in the name of Teresita P.
Bordalba vs. Court of Appeals Bordalba.
On April 16, 1980, petitioner was successfully granted Free
Patent No. (VIII) 11421 and Original Certificate of Title No. 0 Upon learning of the issuance in favor of petitioner of the
571 (FP) over said lot.9 Thereafter, petitioner caused the aforesaid Free Patent and Original Certificate of Title over Lot
subdivision and titling of Lot No. 1242 (799C), into 6 lots, 10 as No. 1242, as well as the conveyances made by petitioner involving
well as the disposition of two parcels thereof, thus: the lot subject of the controversy, private respondents filed with
the Regional Trial Court of Mandaue City, Branch 28, the instant
1. 1)Lot No. 1242A with an area of 581 square meters complaint against petitioner Teresita Bordalba, spouses Genaro
covered by Transfer Certificate of Title No. 22771 (FP) in U. Cabahug, and Rita Capala, Rural Bank of Mandaue and the
the name of spouses Genaro U. Cabahug and Rita Director of the Bureau of Lands.
Capala, to whom petitioner sold said lot; In the said complaint, private respondents prayed that Free
Patent No. (VIII) 11421 and OCT No. 0571 (FP), as well as TCT
Nos. 2277122776 be declared void and ordered cancelled. Private
2. 2)Lot No. 1242B with an area of 420 square meters
respondents also prayed that they be adjudged owners of Lot No.
covered by TCT No. 22772 in the name of Teresita P.
1242 (799C), and that spouses Genaro V. Cabahug and Rita
Bordalba, and which the latter mortgaged with the
Capala as well as the Rural Bank of Mandaue be declared buyers
Rural Bank of Mandaue;
and
_______________
Exhibit “J”, Records, p. 96.
9
of Lot No. 1242B covered by TCT No. 22772 in favor of the Rural
Exhibit “K”, Records, p. 100 and Exhibits “L”“Q”, Records,
10
Bank of Mandaue. The dispositive portion of the decision reads:
pp. 101107. WHEREFORE, foregoing premises considered, Decision is hereby
561 rendered in favor of the plaintiffs by:
VOL. 374, JANUARY 25, 2002 561
Bordalba vs. Court of Appeals 1. 1)declaring Free Patent No. (VIII) 11421 as well as the
mortgagee in bad faith, respectively. In addition, they asked the Original Certificate of Title No. 057 (FP) and all
court to award them actual, compensatory, and moral damages subsequent certificates of title as a result of the
plus attorney’s fees in the amount of P20,000.00. subdivision of Lot No. 1242 except TCT NO. 22771 (FP)
Petitioner, on the other hand, averred that Lot No. 1242 (799 as null and void and ordering the Register of Deeds of
C) was acquired by her through purchase from her mother, 11 who Mandaue City to cancel them;
was in possession of the lot in the concept of an owner since 1947.
In her answer, petitioner traced her mother’s ownership of the lot _______________
partly from the 1947 deed of extrajudicial partition presented by
private respondents,12and claimed that Nicanor Jayme, and
11
Exhibit “2”, Records, p. 115.
Candida Flores occupied a portion of Lot No. 1242 (799C) by
12
Records, p. 32.
mere tolerance of her mother. On crossexamination, petitioner
13
TSN, November 14, 1989, p. 18.
admitted that the properties of the late Carmeno Jayme and 562
Margarita Espina de Jayme were partitioned by their heirs in 562 SUPREME COURT REPORTS ANNOTATED
1947, but claimed that she was not aware of the existence of said Bordalba vs. Court of Appeals
Deed of Extrajudicial Partition. She, however, identified one of
the signatures in the said Deed to be the signature of her 1. 2)declaring spouses defendants Genaro U. Cabahug and
mother.13 Rita Capala as buyers in good faith and are the legal and
On May 28, 1990, the trial court, finding that fraud was rightful owners of Lot No. 1242A as described in TCT
employed by petitioner in obtaining Free Patent No. (VIII) 11421 No. 22771 (FP);
and OCT No. 0571 (FP), declared said patent and title void and
ordered its cancellation. However, it declared that spouses 2. 3)declaring the Rural Bank of Mandaue, Inc. as
Genaro U. Cabahug and Rita Capala as well as the Rural Bank of mortgagee in good faith and the mortgage lien in its
Mandaue are purchasers and mortgagee in good faith, favor be carried over to and be annotated in the new
respectively; and consequently upheld as valid the sale of Lot No. certificate of title to be issued under the names of the
1242A covered by Transfer Certificate of Title No. 22771 (FP) to plaintiffs;
spouses Genaro U. Cabahug and Rita Capala, and the mortgage
3. 4)declaring the plaintiffs as the legal and rightful owners Thus, petitioner filed the instant petition, assailing the decision of
of Lot 1242 and ordering the issuance of the certificate of the Court of Appeals. Petitioner contends that the testimonies
title in their names; given by the witnesses for private respondents which touched on
4. 5)dismissing the claims of the defendant spouses Cabahug _______________
and Capala and the defendant Rural Bank of Mandaue,
Inc. for lack of merit; Records, pp. 205206.
14
Rollo, p. 33.
15
questioned testimonies were properly admitted by the trial court.
345, 353 (1998), citing Marabilles v. Quito, 110 Phil. 64 (1956)
Likewise untenable is the claim of petitioner that private
respondents are not legal heirs of Nicanor Jayme and Asuncion and Hernandez v. Padua, 14 Phil. 194 (1909).
565 boundary of the parcel of land adjudicated in the Deed, which
VOL. 374, JANUARY 25, 2002 565 they claim Lot No. 1242 (799C) is a part of, the Court cannot
Bordalba vs. Court of Appeals determine the extent to which the lot now known as Lot No. 1242
the extent of 1/3 share each. Under Section 31, Rule 130, of the (799C) is included. Admittedly, the north boundary of Lot No.
Revised Rules on Evidence, where one derives title to property 1242 (799C) (Property of Froilan Jaime and Mabini Street) is
from another, the act, declaration, or omission of the latter, while similar to the north boundary of the land mentioned in the Deed.
holding the title, in relation to the property, is evidence against With only one reference point, however, the south, east and west
the former. boundaries of
Considering that Lot No. 1242 (799C) is part of the parcel of 566
land over which private respondents’ predecessorsininterest is 566 SUPREME COURT REPORTS ANNOTATED
entitled to 1/3 proindiviso share, which was disregarded by Bordalba vs. Court of Appeals
petitioner when she secured a Free Patent and Original Lot No. 1242 (799C) cannot be established with certainty to be
Certificate of Title in her name, to the exclusion of private within the parcel of land described in the Deed of Extrajudicial
respondents’ predecessorsininterest, the trial court and the Partition.
Court of Appeals, therefore, did not err in upholding the right of In Beo v. Court of Appeals,21 the Court held that in order that
private respondents as coowners, and ordering the petitioner to an action for recovery of possession may prosper, it is
reconvey 1/3 of the lot in question to them. indispensable that he who brings the action must fully prove not
Notwithstanding the foregoing, however, the Court is unable only his ownership but also the identity of the property claimed
to determine what part of Lot No. 1242 (799C) is within the by describing the location, area and boundaries thereof. So that
boundaries of the parcel of land inherited in the 1947 Deed of when the record does not show that the land subject matter of the
Extrajudicial Partition by the predecessorsininterest of the action has been exactly determined, the action cannot prosper,
parties herein. This is so because private respondents did not inasmuch as the plaintiff’s ownership rights in the land claimed
show the extent of the said land mentioned in the 1947 Deed of do not appear satisfactorily and conclusively proven at the trial.
Extrajudicial Partition in relation to Lot No. 1242 (799C). While In the present case, while it is true that private respondents
they presented the boundaries of the parcel of land adjudicated in were not able to show the extent of their 1/3 pro indiviso right
the Deed, to wit: over Lot No. 1242 (799C), they have nevertheless established
North: Calle Mabini y propiodades de F. Jayme their claim over the said lot. Hence, in line with our ruling in the
East: Propiodades de Fernando Antigua case of Laluan v. Malpaya,22 the prudent recourse would be to
South: Propiodades de Lucas y Victoriano Jayme remand the case to the lower court for a new trial.
West: Calle Plaridel WHEREFORE, in view of all the foregoing, the October 20,
they did not, however, show where these boundaries are found in 1992 Decision of the Court of Appeals in CAG.R. CV No. 27419,
relation to the boundaries of Lot No. 1242 (799C). Absent a fixed and the May 28, 1990 Decision of the Regional Trial Court of
Mandaue City, Branch 28, in Civil Case No. MAN386, insofar as JOSIELENE LARA CHAN, petitioner, vs. JOHNNY T. CHAN,
it relates to the recognition of the 1/3 share of private respondents respondent.
over Lot No. 1242 (799C) is AFFIRMED. The case is remanded to Remedial Law; Evidence; PhysicianPatient Privileged
the trial court in order to determine what part of Lot No. 1242
Communication Rule; The physicianpatient privileged
(799C) is included in the parcel of land adjudicated in the 1947
communication rule essentially means that a physician who gets
Deed of Extrajudicial Partition to the predecessorsininterest of
the parties herein. information while professionally attending a patient cannot in a
SO ORDERED. civil case be examined without the patient’s consent as to any facts
Davide, Jr. (C.J., Chairman), Puno, Kapunan and Pardo, which would blacken the latter’s reputation.―The physician
JJ., concur. patient privileged communication rule essentially means that a
Judgment affirmed, case remanded to trial court. physician who gets information while professionally attending a
against interest is entitled to overcome by evidence the apparent patient cannot in a civil case be examined without the patient’s
inconsistency, and it is competent for the party against whom the consent as to any facts which would blacken the latter’s
pleading is offered to show that the statements were reputation. This rule is intended to encourage the patient to open
up to the physician, relate to him the history of his ailment, and
inadvertently made or were made under a mistake of fact. (Bitong
give him access to his body, enabling the physician to make a
vs. Court of Appeals, 292 SCRA 503 [1998]) correct diagnosis of that ailment and provide the appropriate
The object and purpose of the Dead Man’s Statute is to guard cure. Any fear that a physician could be compelled in the future to
against the temptation to give false testimony in regard of the come to court and narrate all that had transpired between him
transaction in question on the part of the surviving party, and and the patient might prompt the latter to clam up, thus putting
further to put the two parties to a suit upon terms of equality in his own health at great risk.
regard to the opportunity to giving testimony. (Tan vs. Court of Same; Same; Objection to Evidence; Section 36, Rule 132,
Appeals, 295 SCRA 247[1998]) states that objections to evidence must be made after the offer of
such evi
——o0o——
_______________
* THIRD DIVISION.
© Copyright 2018 Central Book Supply, Inc. All rights
77
reserved.
VOL. 702, JULY 24, 2013 77
Chan vs. Chan
dence for admission in court.―The case presents a
G.R. No. 179786. July 24, 2013.* procedural issue, given that the time to object to the admission of
evidence, such as the hospital records, would be at the time they
are offered. The offer could be made part of the physician’s “cannot in a civil case, without the consent of the patient, be
testimony or as independent evidence that he had made entries in examined” regarding their professional conversation. The
those records that concern the patient’s health problems. Section privilege, says Josielene, does not cover the hospital records, but
36, Rule 132, states that objections to evidence must be made only the examination of the physician at the trial. To allow,
after the offer of such evidence for admission in court. Thus: SEC. however, the disclosure during discovery procedure of the hospital
36. Objection.—Objection to evidence offered orally must be made records — the results of tests that the physician ordered, the
immediately after the offer is made. Objection to a question diagnosis of the patient’s illness, and the advice or treatment he
propounded in the course of the oral examination of a witness 78
shall be made as soon as the grounds therefor shall become 7 SUPREME COURT REPORTS ANNOTATED
reasonably apparent. An offer of evidence in writing shall be 8
objected to within three (3) days after notice of the offer unless a Chan vs. Chan
different period is allowed by the court. In any case, the grounds gave him — would be to allow access to evidence that is
for the objections must be specified. Since the offer of evidence is inadmissible without the patient’s consent. Physician
made at the trial, Josielene’s request for subpoena duces tecum is memorializes all these information in the patient’s records.
premature. She will have to wait for trial to begin before making Disclosing them would be the equivalent of compelling the
a request for the issuance of a subpoena duces tecumcovering physician to testify on privileged matters he gained while dealing
Johnny’s hospital records. It is when those records are produced with the patient, without the latter’s prior consent.
for examination at the trial, that Johnny may opt to object, not LEONEN, J., Concurring Opinion:
just to their admission in evidence, but more so to their Remedial Law; Evidence; PhysicianPatient Privileged
disclosure. Section 24(c), Rule 130 of the Rules of Evidence quoted Communication Rule; View that the hospital records of respondent
above is about nondisclosure of privileged matters.
Johnny Chan may not be produced in court without his/her
Same; Same; PhysicianPatient Privileged Communication
consent.―I agree that the hospital records of respondent Johnny
Rule; To allow the disclosure during discovery procedure of the
Chan may not be produced in court without his/her consent.
hospital records ― the results of tests that the physician ordered,
Issuance of a subpoena duces tecum for its production will violate
the diagnosis of the patient’s illness, and the advice or treatment the physicianpatient privilege rule under Rule 130, Sec. 24(c) of
he gave him ― would be to allow access to evidence that is the Rules of Civil Procedure. However, this privilege is not
inadmissible without the patient’s consent.―The right to compel absolute. The request of petitioner for a copy of the medical
the production of documents has a limitation: the documents to be records has not been properly laid. Instead of a request for the
disclosed are “not privileged.” Josielene of course claims that the issuance of a subpoena duces tecum, Josielene Lara Chan should
hospital records subject of this case are not privileged since it is avail of the mode of discovery under Rule 28 of Rules of Civil
the “testimonial” evidence of the physician that may be regarded Procedure. Rule 28 pertains to the physical or mental
as privileged. Section 24(c) of Rule 130 states that the physician
examination of persons. This may be ordered by the court, in its case and the policy to protect ― to a certain extent ―
discretion, upon motion and showing of good cause by the communications made between a patient and his doctor. Hence,
requesting party, in cases when the mental and/or physical the physicianpatient privilege does not cover information
condition of a party is in controversy. Aside from showing good discovered under Rule 28. This procedure is availed with the
cause, the requesting party needs only to notify the party to be intention of making the results public during trial. Along with
examined (and all other parties) and specify the time, place, other modes of discovery, this would prevent the trial from being
manner, conditions, and scope of the examination, including the carried on in the dark.
name of the physician who will conduct the examination. PETITION for review on certiorari of a decision of the Court of
Same; Same; Same; View that the examined party may Appeals.
obtain a copy of the examining physician’s report concerning The facts are stated in the opinion of the Court.
his/her mental or physical examination.―The examined party Ubano, Sianghio, Lozada & Cabantac for petitioner.
may obtain a copy of the examining physician’s report concerning Fragante, Pooten, Ferrer, Fayre & Associates for respondent.
his/her mental or physical examination. The requesting party ABAD, J.:
shall deliver this report to him/her. After such delivery, however, This case is about the propriety of issuing a subpoena duces
the requesting party becomes entitled to any past or future tecum for the production and submission in court of the
medical report involving the same mental or physical condition. respondent husband’s hospital record in a case for declaration of
Upon motion and notice, the court may order the examined party nullity of marriage where one of the issues is his mental fitness as
to deliver those medical reports to the requesting party if the a husband.
examined party refuses to do so. Moreover, if the examined party The Facts and the Case
requests a copy of the examining physician’s On February 6, 2006 petitioner Josielene Lara Chan
79 (Josielene) filed before the Regional Trial Court (RTC) of Makati
VOL. 702, JULY 24, 2013 79 City, Branch 144 a petition for the declaration of nul
Chan vs. Chan 80
report or if he/she takes the examining physician’s 80 SUPREME COURT REPORTS ANNOTATED
deposition, the request waives the examined party’s privileges Chan vs. Chan
when the testimony of any person who examined or will examine lity of her marriage to respondent Johnny Chan (Johnny), the
his/her mental of physical status is taken in the action or in any dissolution of their conjugal partnership of gains, and the award
action involving the same controversy. of custody of their children to her. Josielene claimed that Johnny
Same; Same; Same; View that the physicianpatient privilege failed to care for and support his family and that a psychiatrist
does not cover information discovered under Rule 28 of the Rules diagnosed him as mentally deficient due to incessant drinking
of Court.―Discovery procedures provide a balance between the and excessive use of prohibited drugs. Indeed, she had convinced
need of the plaintiff or claimant to fully and fairly establish her
him to undergo hospital confinement for detoxification and before the Court of Appeals (CA) in CAG.R. SP 97913, imputing
rehabilitation. grave abuse of discretion to the RTC.
Johnny resisted the action, claiming that it was Josielene who On September 17, 2007 the CA3 denied Josielene’s petition. It
failed in her wifely duties. To save their marriage, he agreed to ruled that, if courts were to allow the production of medical
marriage counseling but when he and Josielene got to the records, then patients would be left with no assurance that
hospital, two men forcibly held him by both arms while another whatever relevant disclosures they may have made to their
gave him an injection. The marriage relations got worse when the physicians would be kept confidential. The prohibition covers not
police temporarily detained Josielene for an unrelated crime and only testimonies, but also affidavits, certificates, and pertinent
released her only after the case against her ended. By then, their hospital records. The CA added that, although Johnny can waive
marriage relationship could no longer be repaired. the privilege, he did not do so in this case. He attached the
During the pretrial conference, Josielene premarked the Philhealth form to his answer for the limited purpose of showing
Philhealth Claim Form1 that Johnny attached to his answer as his alleged forcible confinement.
proof that he was forcibly confined at the rehabilitation unit of a Question Presented
hospital. The form carried a physician’s handwritten note that The central question presented in this case is:
Johnny suffered from “methamphetamine and alcohol abuse.” Whether or not the CA erred in ruling that the trial court
Following up on this point, on August 22, 2006 Josielene filed correctly denied the issuance of a subpoena duces tecum covering
with the RTC a request for the issuance of a subpoena duces Johnny’s hospital records on the ground that these are covered by
tecum addressed to Medical City, covering Johnny’s medical the privileged character of the physicianpatient communication.
records when he was there confined. The request was The Ruling of the Court
accompanied by a motion to “be allowed to submit in evidence” Josielene requested the issuance of a subpoena duces
the records sought by subpoena duces tecum.2 tecum covering the hospital records of Johnny’s confinement,
Johnny opposed the motion, arguing that the medical records which records she wanted to present in court as evidence in
were covered by physicianpatient privilege. On September 13, support of her action to have their marriage declared a nullity.
2006 the RTC sustained the opposition and denied Josielene’s Respondent Johnny resisted her request for subpoena, however,
motion. It also denied her motion for reconsideration, prompting invoking the privileged character of those records. He cites
her to file a special civil action of certiorari Section 24(c), Rule 130 of the Rules of Evidence which reads:
_______________ _______________
1 Annex “B.” 3 Penned by Associate Justice Jose L. Sabio, Jr. and concurred
2 Rollo, pp. 6972. in by Associate Justices Jose C. Reyes, Jr. and Myrna Dimaranan
81 Vidal.
VOL. 702, JULY 24, 2013 81 82
Chan vs. Chan 82 SUPREME COURT REPORTS ANNOTATED
Chan vs. Chan 4 Francisco, The Revised Rules of Court of the Philippines,
SEC. 24. Disqualification by reason of privileged Volume VII, Part I, 1997 ed., p. 282, citing Will of Bruendi, 102
communication.—The following persons cannot testify as to Wis. 47, 78 N.W. 169 and McRae v. Erickson, 1 Cal. App. 326.
matters learned in confidence in the following cases: 83
x x x x VOL. 702, JULY 24, 2013 83
(c) A person authorized to practice medicine, surgery Chan vs. Chan
or obstetrics cannot in a civil case, without the consent of Section 36, Rule 132, states that objections to evidence must
the patient, be examined as to any advice or treatment be made after the offer of such evidence for admission in court.
given by him or any information which he may have Thus:
acquired in attending such patient in a professional SEC. 36. Objection.—Objection to evidence offered
capacity, which information was necessary to enable him to orally must be made immediately after the offer is made.
act in that capacity, and which would blacken the Objection to a question propounded in the course of the
reputation of the patient. oral examination of a witness shall be made as soon as the
The physicianpatient privileged communication rule grounds therefor shall become reasonably apparent.
essentially means that a physician who gets information while An offer of evidence in writing shall be objected to
professionally attending a patient cannot in a civil case be within three (3) days after notice of the offer unless a
examined without the patient’s consent as to any facts which different period is allowed by the court.
would blacken the latter’s reputation. This rule is intended to In any case, the grounds for the objections must be
encourage the patient to open up to the physician, relate to him specified.
the history of his ailment, and give him access to his body, Since the offer of evidence is made at the trial, Josielene’s
enabling the physician to make a correct diagnosis of that ailment
request for subpoena duces tecum is premature. She will have to
and provide the appropriate cure. Any fear that a physician could
wait for trial to begin before making a request for the issuance of
be compelled in the future to come to court and narrate all that
had transpired between him and the patient might prompt the a subpoena duces tecumcovering Johnny’s hospital records. It is
latter to clam up, thus putting his own health at great risk. 4 when those records are produced for examination at the trial, that
1. The case presents a procedural issue, given that the time Johnny may opt to object, not just to their admission in evidence,
to object to the admission of evidence, such as the hospital but more so to their disclosure. Section 24(c), Rule 130 of the
records, would be at the time they are offered. The offer could be Rules of Evidence quoted above is about nondisclosure of
made part of the physician’s testimony or as independent privileged matters.
evidence that he had made entries in those records that concern 2. It is of course possible to treat Josielene’s motion for the
the patient’s health problems. issuance of a subpoena duces tecum covering the hospital records
_______________ as a motion for production of documents, a discovery procedure
available to a litigant prior to trial. Section 1, Rule 27 of the Rules cover the hospital records, but only the examination of the
of Civil Procedure provides: physician at the trial.
SEC. 1. Motion for production or inspection; order.— To allow, however, the disclosure during discovery procedure
Upon motion of any party showing good cause therefor, the of the hospital records — the results of tests that the physician
court in which an action is pending may (a) order any party ordered, the diagnosis of the patient’s illness, and the advice or
to produce and permit the inspection and copying or treatment he gave him — would be to allow access to evidence
photographing, by or on behalf of the moving party, of any that is inadmissible without the patient’s consent. Physician
designated documents, papers, books, ac memorializes all these information in the patient’s records.
84 Disclosing them would be the equivalent of compelling the
84 SUPREME COURT REPORTS ANNOTATED physician to testify on privileged matters he gained while dealing
with the patient, without the latter’s prior consent.
Chan vs. Chan
3. Josielene argues that since Johnny admitted in his answer
counts, letters, photographs, objects or tangible things, not
to the petition before the RTC that he had been confined in a
privileged, which constitute or contain evidence material
hospital against his will and in fact attached to his an
to any matter involved in the action and which are in his
85
possession, custody or control; or (b) order any party to
VOL. 702, JULY 24, 2013 85
permit entry upon designated land or other property in his
possession or control for the purpose of inspecting, Chan vs. Chan
measuring, surveying, or photographing the property or swer a Philhealth claim form covering that confinement, he
any designated relevant object or operation thereon. The should be deemed to have waived the privileged character of its
order shall specify the time, place and manner of making records. Josielene invokes Section 17, Rule 132 of the Rules of
the inspection and taking copies and photographs, and may Evidence that provides:
prescribe such terms and conditions as are just. (Emphasis SEC. 17. When part of transaction, writing or record
supplied) given in evidence, the remainder admissible.—When part of
But the above right to compel the production of documents has an act, declaration, conversation, writing or record is given
a limitation: the documents to be disclosed are “not privileged.” in evidence by one party, the whole of the same subject
Josielene of course claims that the hospital records subject of may be inquired into by the other, and when a detached
this case are not privileged since it is the “testimonial” evidence of act, declaration, conversation, writing or record is given in
the physician that may be regarded as privileged. Section 24(c) of evidence, any other act, declaration, conversation, writing
Rule 130 states that the physician “cannot in a civil case, without or record necessary to its understanding may also be given
the consent of the patient, be examined” regarding their in evidence.
professional conversation. The privilege, says Josielene, does not But, trial in the case had not yet begun. Consequently, it
cannot be said that Johnny had already presented the Philhealth
claim form in evidence, the act contemplated above which would Instead of a request for the issuance of a subpoena duces
justify Josielene into requesting an inquiry into the details of his tecum, Josielene Lara Chan should avail of the mode of discovery
hospital confinement. Johnny was not yet bound to adduce under Rule 28 of Rules of Civil Procedure.
evidence in the case when he filed his answer. Any request for Rule 28 pertains to the physical or mental examination of
disclosure of his hospital records would again be premature. persons. This may be ordered by the court, in its discretion, 2 upon
For all of the above reasons, the CA and the RTC were motion and showing of good cause3 by the requesting party, in
justified in denying Josielene her request for the production in cases when the mental and/or physical condition of a party is in
court of Johnny’s hospital records. controversy.4 Aside from showing good cause, the requesting
ACCORDINGLY, the Court DENIES the petition party needs only to notify the party to be examined (and all other
and AFFIRMS the Decision of the Court of Appeals in CAG.R. parties) and specify the time, place, man
SP 97913 dated September 17, 2007. _______________
SO ORDERED. 1 Rules of Court, Rule 130, Sec. 24(c) provides:
Velasco, Jr. (Chairperson), Peralta and Mendoza, JJ., A person authorized to practice surgery or obstetrics cannot in
concur. a civil case, without the consent of the patient, be examined as to
Leonen, J., See Separate Concuring Opinion. any advice or treatment given by him or any information which
86 he may have acquired in attending such patient in a professional
86 SUPREME COURT REPORTS ANNOTATED capacity, which information was necessary to enable him to act in
that capacity, and which would blacken the reputation of the
Chan vs. Chan
patient.
2 Rules of Court, Rule 28, Sec. 1.
CONCURRlNG OPINION
3 Rules of Court, Rule 28, Sec. 2.
4 Rules of Court, Rule 28, Sec. 1.
LEONEN, J.:
87
I concur but add the following points:
VOL. 702, JULY 24, 2013 87
I agree that the hospital records of respondent Johnny Chan
may not be produced in court without his/her consent. Issuance of Chan vs. Chan
a subpoena duces tecum for its production will violate the ner, conditions, and scope of the examination, including the name
of the physician who will conduct the examination.5
physicianpatient privilege rule under Rule 130, Sec. 24(c) 1 of the
The examined party may obtain a copy of the examining
Rules of Civil Procedure.
physician’s report concerning his/her mental or physical
However, this privilege is not absolute. The request of
examination.6 The requesting party shall deliver this report to
petitioner for a copy of the medical records has not been properly
him/her.7 After such delivery, however, the requesting party
laid.
becomes entitled to any past or future medical report involving
the same mental or physical condition. 8 Upon motion and notice, Petition denied, judgment affirmed.
the court may order the examined party to deliver those medical Notes.―For lack of a specific law geared towards the type of
reports to the requesting party if the examined party refuses to do negligence committed by members of the medical profession, such
so.9 claim for damages is almost always anchored on the alleged
Moreover, if the examined party requests a copy of the violation of Article 2176 of the Civil Code; In medical negligence
examining physician’s report or if he/she takes the examining cases, also called medical malpractice suits, there exist a
physician’s deposition, the request waives the examined party’s physicianpatient relationship between the doctor and the victim.
privileges when the testimony of any person who examined or will (Lucas vs. Tuaño, 586 SCRA 173 [2009])
examine his/her mental of physical status is taken in the action or When a patient engages the services of a physician, a
in any action involving the same controversy.10 physicianpatient relationship is generated; Thus, in treating his
Discovery procedures provide a balance between the need of patient, a physician is under a duty to exercise that degree of
the plaintiff or claimant to fully and fairly establish her case and care, skill and diligence which physicians in the same general
the policy to protect ― to a certain extent ― communications neighborhood and in the same general line of practice ordinarily
made between a patient and his doctor. Hence, the physician
possess and exercise in like cases. (Jarcia, Jr. vs. People, 666
patient privilege does not cover information discovered under
SCRA 336 [2012])
Rule 28. This procedure is availed with the intention of making
――o0o――
the results public during trial. Along with other modes of
© Copyright 2018 Central Book Supply, Inc. All rights
discovery, this would prevent the trial from being carried on in
the dark.11 reserved.
_______________
5 Rules of Court, Rule 28, Sec. 2.
6 Rules of Court, Rule 28, Sec. 3.
7 Rules of Court, Rule 28, Sec. 3.
8 Rules of Court, Rule 28, Sec. 3.
9 Rules of Court, Rule 28, Sec. 3.
10 Rules of Court, Rule 28, Sec. 4.
11 Republic v. Sandiganbayan, Tantoco and Santiago, G.R.
No. 90478, November 21, 1991, 204 SCRA 212.
89
VOL. 702, JULY 24, 2013 89
Chan vs. Chan
In view of the foregoing, I vote to DENY the petition.
Jacoba ("respondents"). Complainant charged respondents with
violation of Rules 11.03,1 11.04,2 and 19.013 of the Code of
Professional Responsibility.
The Facts
JUDGE UBALDINO A. LACUROM, Presiding Judge, Regional WHEREFORE, this Court hereby REVERSES its Decision dated
Trial Court, Cabanatuan City, Branch 29 and Pairing Judge, December 22, 2000, as well as REVERSES the Decision of the court
Branch 30, Complainant, a quo dated July 22, 1997.
vs.
ATTY. ELLIS F. JACOBA and ATTY. OLIVIA VELASCO- Furthermore, the plaintiff-appellee Alejandro Veneracion is ordered to
JACOBA, Respondents. CEASE and DESIST from ejecting the defendant-appellant Federico
Barrientos from the 1,000 square meter homelot covered by TCT No.
DECISION T-75274, and the smaller area of one hundred forty-seven square
meters, within the 1,000 sq.m. covered by TCT No. T-78613, and the
house thereon standing covered by Tax Declaration No. 02006-
CARPIO, J.:
01137, issued by the City Assessor of Cabanatuan City; and
Barrientos is ordered to pay Veneracion P10,000.00 for the house
The Case covered by Tax Declaration No. 02006-01137.
This RESOLUTION of REVERSAL is an ABHORRENT NULLITY as THIS ERROR IS STUPENDOUS and a real BONER. Where did the
it is entirely DEVOID of factual and legal basis. It is a Legal Honorable PAIRING JUDGE base this conclusion? x x x
MONSTROSITY in the sense that the Honorable REGIONAL TRIAL This HORRENDOUS MISTAKE must be corrected here and now!
COURT acted as if it were the DARAB (Dept. of Agrarian Reform
ADJUDICATION BOARD)! x x x HOW HORRIBLE and TERRIBLE! xxxx
The mistakes are very patent and glaring! x x x
6. The Honorable Pairing Court Presiding Judge ERRED Grievously
xxxx in Holding and Declaring that The [court] A QUO Erroneously Took
Cognizance of the Case and That It Had No Jurisdiction over the
III. GROUNDS FOR RECONSIDERATION Subject-Matter:
1. The Honorable Pairing Court Presiding Judge ERRED in Another HORRIBLE ERROR! Even an average Law Student knows
Peremptorily and Suddenly Reversing the Findings of the Lower that JURISDICTION is determined by the averments of the
Court Judge and the Regular RTC Presiding Judge:1awph!l.net COMPLAINT and not by the averments in the answer! This is backed
up by a Litany of Cases!
x x x The defendant filed a Motion for Reconsideration, and after a
very questionable SHORT period of time, came this STUNNING and xxxx
SUDDEN REVERSAL. Without any legal or factual basis, the Hon.
Pairing Judge simply and peremptorily REVERSED two (2) decisions 7. FINALLY, the Honorable Pairing Court Presiding Judge
in favor of the plaintiff. This is highly questionable, if not suspicious, Ridiculously ERRED in Ordering the Defendant To Pay P10,000.00
hence, this Motion for Reconsideration. to the Plaintiff As Payment for Plaintiff’s HOUSE:
xxxx THIS IS the Last STRAW, but it is also the Best ILLUSTRATION of
the Manifold GLARING ERRORS committed by the Hon. Pairing
[The Resolution] assumes FACTS that have not been established Court Judge.
and presumes FACTS not part of the records of the case, all "loaded"
in favor of the alleged "TENANT." Clearly, the RESOLUTION is an xxxx
INSULT to the Judiciary and an ANACHRONISM in the Judicial
Process. Need we say more?
This Order of the Court for the plaintiff to sell his RESIDENTIAL be called contumacious and contemptuous. They were just
HOUSE to the defendant for the ridiculously LOW price articulating their feelings of shock, bewilderment and disbelief at the
of P10,000.00 best illustrates the Long Line of Faulty reasonings and sudden reversal of their good fortune, not driven by any desire to just
ERRONEOUS conclusions of the Hon. Pairing Court Presiding cast aspersions at the Honorable Pairing judge. They must believe
Judge. Like the proverbial MONSTER, the Monstrous Resolution that big monumental errors deserve equally big adjectives, no more
should be slain on sight!8 no less. x x x The matters involved were [neither] peripheral nor
marginalized, and they had to call a spade a spade. x x x 14
The 30 July 2001 motion prayed that (1) Judge Lacurom inhibit
himself "in order to give plaintiff a fighting chance" and (2) the Nevertheless, Velasco-Jacoba expressed willingness to apologize
Resolution be reconsidered and set aside.9 Atty. Olivia Velasco- "for whatever mistake [they] may have committed in a moment of
Jacoba ("Velasco-Jacoba") signed the motion on behalf of the unguarded discretion when [they] may have ‘stepped on the line and
Jacoba-Velasco-Jacoba Law Firm. gone out of bounds’." She also agreed to have the allegedly
contemptuous phrases stricken off the record.15
On 6 August 2001, Judge Lacurom ordered Velasco-Jacoba to
appear before his sala and explain why she should not be held in On 13 September 2001, Judge Lacurom found Velasco-Jacoba guilty
contempt of court for the "very disrespectful, insulting and of contempt and penalized her with imprisonment for five days and a
humiliating" contents of the 30 July 2001 motion.10 In her fine of P1,000.16
Explanation, Comments and Answer,11 Velasco-Jacoba claimed that
"His Honor knows beforehand who actually prepared the subject Velasco-Jacoba moved for reconsideration of the 13 September
Motion; records will show that the undersigned counsel did not 2001 order. She recounted that on her way out of the house for an
actually or actively participate in this case."12 Velasco-Jacoba afternoon hearing, Atty. Ellis Jacoba ("Jacoba") stopped her and said
disavowed any "conscious or deliberate intent to degrade the honor "O, pirmahan mo na ito kasi last day na, baka mahuli." (Sign this as it
and integrity of the Honorable Court or to detract in any form from the is due today, or it might not be filed on time.) She signed the pleading
respect that is rightfully due all courts of justice." 13She rationalized as handed to her without reading it, in "trusting blind faith" on her
follows: husband of 35 years with whom she "entrusted her whole life and
future."17 This pleading turned out to be the 30 July 2001 motion
x x x at first blush, [the motion] really appears to contain some which Jacoba drafted but could not sign because of his then
sardonic, strident and hard-striking adjectives. And, if we are to pick suspension from the practice of law.18
such stringent words at random and bunch them together, side-by-
side x x x then collectively and certainly they present a cacophonic Velasco-Jacoba lamented that Judge Lacurom had found her guilty
picture of total and utter disrespect. x x x of contempt without conducting any hearing. She accused Judge
Lacurom of harboring "a personal vendetta," ordering her
xxxx imprisonment despite her status as "senior lady lawyer of the IBP
Nueva Ecija Chapter, already a senior citizen, and a grandmother
We most respectfully submit that plaintiff & counsel did not just fire a many times over."19At any rate, she argued, Judge Lacurom should
staccato of incisive and hard-hitting remarks, machine-gun style as to have inhibited himself from the case out of delicadeza because
"[Veneracion] had already filed against him criminal cases before the IBP Commissioner Navarro, in her Report and Recommendation of
Office of the City Prosecutor of Cabanatuan City and before the 10 October 2002, recommended the suspension of respondents from
Ombudsman."20 the practice of law for six months.29 IBP Commissioner Navarro
found that "respondents were prone to us[ing] offensive and
The records show that with the assistance of counsel Jacoba and the derogatory remarks and phrases which amounted to discourtesy and
Jacoba-Velasco-Jacoba Law Firm, Veneracion had executed an disrespect for authority."30 Although the remarks were not directed at
affidavit on 23 August 2001 accusing Judge Lacurom of knowingly Judge Lacurom personally, they were aimed at "his position as a
rendering unjust judgment through inexcusable negligence and judge, which is a smack on the judiciary system as a whole." 31
ignorance21 and violating
The IBP Board of Governors ("IBP Board") adopted IBP
Section 3(e) of Republic Act No. 3019 ("RA 3019").22 The first charge Commissioner Navarro’s Report and Recommendation, except for
became the subject of a preliminary investigation23 by the City the length of suspension which the IBP Board reduced to three
Prosecutor of Cabanatuan City. On the second charge, Veneracion months.32 On 10 December 2002, the IBP Board transmitted its
set forth his allegations in a Complaint-Affidavit24 filed on 28 August recommendation to this Court, together with the documents
2001 with the Office of the Deputy Ombudsman for Luzon. pertaining to the case.
Judge Lacurom issued another order on 21 September 2001, this Several days later, Velasco-Jacoba sought reconsideration of the IBP
time directing Jacoba to explain why he should not be held in Board decision, thus:33
contempt.25 Jacoba complied by filing an Answer with Second Motion
for Inhibition, wherein he denied that he typed or prepared the 30 xxxx
July 2001 motion. Against Velasco-Jacoba’s statements implicating
him, Jacoba invoked the marital privilege rule in evidence. 26 Judge 3. For the information of the Honorable Commission, the
Lacurom later rendered a decision27 finding Jacoba guilty of present complaint of Judge Lacurom is sub judice; the
contempt of court and sentencing him to pay a fine of P500. same issues involved in this case are raised before the
Honorable Court of Appeals presently pending in CA-
On 22 October 2001, Judge Lacurom filed the present complaint G.R. SP No. 66973 for Certiorari and Mandatory
against respondents before the Integrated Bar of the Philippines Inhibition with TRO and Preliminary Injunction x x x;
(IBP).
4. We filed an Administrative Case against Judge Lacurom
Report and Recommendation of the IBP before the Supreme Court involving the same issues we
raised in the aforementioned Certiorari case, which was
Respondents did not file an answer and neither did they appear at dismissed by the Supreme Court for being premature, in
the hearing set by IBP Commissioner Atty. Lydia A. Navarro ("IBP view of the pending Certiorari case before the Court of
Commissioner Navarro") despite sufficient notice.28 Appeals;
5. In like manner, out of respect and deference to the Court Until there is a final declaration that the challenged order or judgment
of Appeals, the present complaint should likewise be is manifestly erroneous, there will be no basis to conclude whether
dismissed and/or suspended pending resolution of the the judge is administratively liable.37
certiorari case by the Court of Appeals.34(Emphasis supplied)
The respondents are situated differently within the factual setting of
The Court’s Ruling this case. The corresponding implications of their actions also give
rise to different liabilities. We first examine the charge against
On a preliminary note, we reject Velasco-Jacoba’s contention that Velasco-Jacoba.
the present complaint should be considered sub judice in view of the
petition for certiorari and mandatory inhibition with preliminary There is no dispute that the genuine signature of Velasco-Jacoba
injunction ("petition for certiorari")35 filed before the Court of Appeals. appears on the 30 July 2001 motion. Velasco-Jacoba’s responsibility
as counsel is governed by Section 3, Rule 7 of the Rules of Court:
The petition for certiorari, instituted by Veneracion and Velasco-
Jacoba on 4 October 2001, seeks to nullify the following orders SEC. 3.Signature and address.—Every pleading must be signed by
issued by Judge Lacurom in Civil Case No. 2836: (1) the Orders the party or counsel representing him x x x.
dated 26 September 2001 and 9 November 2001 denying
respondents’ respective motions for inhibition; and (2) the 13 The signature of counsel constitutes a certificate by him that he
September 2001 Order which found Velasco-Jacoba guilty of has read the pleading, that to the best of his knowledge,
contempt. The petitioners allege that Judge Lacurom acted "with information, and belief there is good ground to support it, and
grave abuse of discretion [amounting] to lack of jurisdiction, in that it is not interposed for delay.
violation of express provisions of the law and applicable decisions of
the Supreme Court."36 x x x Counsel who x x x signs a pleading in violation of this Rule,
or alleges scandalous or indecent matter therein x x x shall be
Plainly, the issue before us is respondents’ liability under the Code of subject to appropriate disciplinary action. (Emphasis supplied)
Professional Responsibility. The outcome of this case has no bearing
on the resolution of the petition for certiorari, as there is neither By signing the 30 July 2001 motion, Velasco-Jacoba in effect
identity of issues nor causes of action. certified that she had read it, she knew it to be meritorious, and it
was not for the purpose of delaying the case. Her signature supplied
Neither should the Court’s dismissal of the administrative complaint the motion with legal effect and elevated its status from a mere scrap
against Judge Lacurom for being premature impel us to dismiss this of paper to that of a court document.
complaint. Judge Lacurom’s orders in Civil Case No. 2836 could not
be the subject of an administrative complaint against him while a Velasco-Jacoba insists, however, that she signed the 30 July 2001
petition for certiorari assailing the same orders is pending with an motion only because of her husband’s request but she did not know
appellate court. Administrative remedies are neither alternative nor its contents beforehand. Apparently, this practice of signing each
cumulative to judicial review where such review is available to the other’s pleadings is a long-standing arrangement between the
aggrieved parties and the same has not been resolved with finality. spouses. According to Velasco-Jacoba, "[s]o implicit is [their] trust for
each other that this happens all the time. Through the years, [she] The marital privilege rule, being a rule of evidence, may be waived
already lost count of the number of pleadings prepared by one that is by failure of the claimant to object timely to its presentation or by any
signed by the other."38 By Velasco-Jacoba’s own admission, conduct that may be construed as implied consent. 43 This waiver
therefore, she violated Section 3 of Rule 7. This violation is an act of applies to Jacoba who impliedly admitted authorship of the 30 July
falsehood before the courts, which in itself is a ground 2001 motion.
for subjecting her to disciplinary action, independent of any other The Code of Professional Responsibility provides:
ground arising from the contents of the 30 July 2001 motion. 39
Rule 11.03.—A lawyer shall abstain from scandalous, offensive or
We now consider the evidence as regards Jacoba. His name does menacing language or behavior before the Courts.
not appear in the 30 July 2001 motion. He asserts the inadmissibility
of Velasco-Jacoba’s statement pointing to him as the author of the Rule 11.04.—A lawyer shall not attribute to a Judge motives not
motion. supported by the record or have no materiality to the case.
The Court cannot easily let Jacoba off the hook. Firstly, his Answer No doubt, the language contained in the 30 July 2001 motion greatly
with Second Motion for Inhibition did not contain a denial of his wife’s exceeded the vigor required of Jacoba to defend ably his client’s
account. Instead, Jacoba impliedly admitted authorship of the motion cause. We recall his use of the following words and
by stating that he "trained his guns and fired at the errors which he phrases: abhorrent nullity, legal monstrosity, horrendous
perceived and believed to be gigantic and monumental." 40 mistake, horrible error, boner, and an insult to the judiciary and an
anachronism in the judicial process. Even Velasco-Jacoba
Secondly, we find Velasco-Jacoba’s version of the facts more acknowledged that the words created "a cacophonic picture of total
plausible, for two reasons: (1) her reaction to the events was and utter disrespect."44
immediate and spontaneous, unlike Jacoba’s defense which was
raised only after a considerable time had elapsed from the eruption Respondents nonetheless try to exculpate themselves by saying that
of the controversy; and (2) Jacoba had been counsel of record for every remark in the 30 July 2001 motion was warranted. We
Veneracion in Civil Case No. 2836, supporting Velasco-Jacoba’s disagree.
assertion that she had not "actually participate[d]" in the prosecution
of the case. Well-recognized is the right of a lawyer, both as an officer of the court
and as a citizen, to criticize in properly respectful terms and through
Moreover, Jacoba filed a Manifestation in Civil Case No. 2836, legitimate channels the acts of courts and judges.45 However, even
praying that Judge Lacurom await the outcome of the petition for the most hardened judge would be scarred by the scurrilous attack
certiorari before deciding the contempt charge against him. 41 This made by the 30 July 2001 motion on Judge Lacurom’s Resolution.
petition for certiorari anchors some of its arguments on the premise On its face, the Resolution presented the facts correctly and decided
that the motion was, in fact, Jacoba’s handiwork.42 the case according to supporting law and jurisprudence. Though a
lawyer’s language may be forceful and emphatic, it should always be
dignified and respectful, befitting the dignity of the legal
profession.46 The use of unnecessary language is proscribed if we In these cases, the Court sternly warned respondents that a
are to promote high esteem in the courts and trust in judicial repetition of similar acts would merit a stiffer penalty. Yet, here again
administration.47 we are faced with the question of whether respondents have
conducted themselves with the courtesy and candor required of them
In maintaining the respect due to the courts, a lawyer is not merely as members of the bar and officers of the court. We find respondents
enjoined to use dignified language but also to pursue the client’s to have fallen short of the mark.
cause through fair and honest means, thus:
WHEREFORE, we SUSPEND Atty. Ellis F. Jacoba from the practice
Rule 19.01.—A lawyer shall employ only fair and honest means to of law for two (2) years effective upon finality of this Decision. We
attain the lawful objectives of his client and shall not present, also SUSPEND Atty. Olivia Velasco-Jacoba from the practice of law
participate in presenting or threaten to present unfounded criminal for two (2) months effective upon finality of this Decision.
charges to obtain an improper advantage in any case or proceeding. We STERNLY WARN respondentsthat a repetition of the same or
similar infraction shall merit a more severe sanction.
Shortly after the filing of the 30 July 2001 motion but before its
resolution, Jacoba assisted his client in instituting two administrative Let copies of this Decision be furnished the Office of the Bar
cases against Judge Lacurom. As we have earlier noted, Civil Case Confidant, to be appended to respondents’ personal records as
No. 2836 was then pending before Judge Lacurom’s sala. The attorneys; the Integrated Bar of the Philippines; and all courts in the
Court’s attention is drawn to the fact that the timing of the filing of country for their information and guidance.
these administrative cases could very well raise the suspicion that
the cases were intended as leverage against Judge Lacurom. SO ORDERED.
As for Velasco-Jacoba, only recently this Court fined her P5,000 for
appearing in barangay conciliation proceedings on behalf of a party,
knowing fully well the prohibition contained in Section 415 of the
Local Government Code.50
Samala vs. Valencia
Code of Professional Responsibility provides that a lawyer
shall not represent conflicting interests except by written consent
of all concerned given after a full disclosure of the facts. A lawyer
may not, without being guilty of professional misconduct, act as
counsel for a person whose interest conflicts with that of his
present or former client. He may not also undertake to discharge
conflicting duties any more than he may represent antagonistic
interests. This stern rule is founded on the principles of public
policy and good taste. It springs from the relation of attorney and
client which is one of trust and confidence. Lawyers are expected
not only to keep inviolate the client’s confidence, but also to avoid
A.C. No. 5439. January 22, 2007.* the appearance of treachery and doubledealing for only then can
CLARITA J. SAMALA, complainant, vs. ATTY. LUCIANO D. litigants be encouraged to entrust their secrets to their lawyers,
VALENCIA, respondent. which is of paramount importance in the administration of
Legal Ethics; Attorneys; Conflict of Interest; Test; A lawyer justice. One of the tests of inconsistency of interests is whether
may not undertake to discharge conflicting duties any more than the acceptance of a new relation would prevent the full discharge
of the lawyer’s duty of undivided fidelity and loyalty to the client
he may represent antagonistic interests, a stern rule founded on
or invite suspicion of unfaithfulness or doubledealing in the
the principles of public policy and good taste; One of the tests of performance of that duty.
inconsistency of interests is whether the acceptance of a new Same; Same; Same; The bare attorneyclient relationship
relation would prevent the full discharge of the lawyer’s duty of with a client precludes an attorney from accepting professional
undivided fidelity and loyalty to the client or invite suspicion of employment from the client’s adversary either in the same case or
unfaithfulness or doubledealing in the performance of that duty. in a different but related action.—An attorney owes loyalty to his
—Rule 15.03, Canon 15 of the client not only in the case in which he has represented him but
also after the relation of attorney and client has terminated. The
_______________ bare attorneyclient relationship with a client precludes an
attorney from accepting professional employment from the client’s
EN BANC.
*
adversary either in the same case or in a different but related
2
action. A lawyer is forbidden from representing a subsequent
2 SUPREME COURT REPORTS ANNOTATED client against a former client when the subject matter of the
present controversy is related, directly or indirectly, to the subject
matter of the previous litigation in which he appeared for the misled by respondent’s submission of TCT No. 273020 in the
former client. name of Valdez, as shown by its decision dated January 8, 2002
Same; Same; Same; Knowledge acquired by a lawyer from dismissing the complaint for ejectment. What is decisive in this
his client’s case learning the weak points of the action as well as case is respondent’s intent in trying to mislead the court by
presenting TCT No. 273020 despite the fact that said title was
the strong ones, must be considered sacred and guarded with care.
already cancelled and a new one, TCT No. 275500, was already
—Respondent is bound to comply with Canon 21 of the Code of
issued in the name of Alba.
Professional Responsibility which states that “a lawyer shall
preserve the confidences and secrets of his client even after the Same; Same; Same; A lawyer should bear in mind that as an
attorneyclient relation is terminated.” The reason for the officer of the court his high vocation is to correctly inform the court
prohibition is found in the relation of attorney and client, which is upon the law and the facts of the case and to aid it in doing justice
one of trust and confidence and arriving at correct conclusion.—In Young v. Batuegas, 403
3 SCRA 123 (2003), we held that a lawyer must be a disciple of
VOL. 512, JANUARY 22, 2007 truth. He swore upon his admission to the Bar that he will “do no
falsehood nor consent to the doing of any in court” and he shall
Samala vs. Valencia “conduct himself as a lawyer according to the best of his
of the highest degree. A lawyer becomes familiar with all the knowledge and discretion with all good fidelity as well to the
facts connected with his client’s case. He learns from his client courts as to his clients.” He should bear in mind that as an officer
the weak points of the action as well as the strong ones. Such of the court his high vocation is to correctly inform the court upon
knowledge must be considered sacred and guarded with care. the law and the facts of the case and to aid it in doing justice and
arriving at correct conclusion. The courts, on the other hand, are
Same; Same; Falsehood; It matters not that the trial court
entitled to expect only complete honesty from lawyers appearing
was not misled by a lawyer’s submission of a certificate of title
and pleading before them. While a lawyer has the solemn duty to
which was already cancelled and a new one issued in the name of defend his client’s rights and is expected to display the utmost
some other person—what is decisive in this case is his intent in zeal in defense of his client’s cause, his conduct must never be at
trying to mislead the court.—Respondent cannot feign ignorance the expense of truth. A lawyer is the ser
of the fact that the title he submitted was already cancelled in 4
lieu of a new title issued in the name of Alba in 1995 yet, as proof 4 SUPREME COURT REPORTS ANNOTATED
of the latter’s ownership. Respondent failed to comply with Canon
10 of the Code of Professional Responsibility which provides that Samala vs. Valencia
a lawyer shall not do any falsehood, nor consent to the doing of vant of the law and belongs to a profession to which society
any in court; nor shall he mislead, or allow the Court to be has entrusted the administration of law and the dispensation of
mislead by any artifice. It matters not that the trial court was not
justice. As such, he should make himself more an exemplar for qualify an act as immoral, yet, for purposes of disciplining a
others to emulate. lawyer, immoral conduct has been defined as that “conduct which
Same; Same; Administrative Complaints; The filing of an is willful, flagrant, or shameless, and which shows a moral
administrative case against a lawyer for protecting the interest of indifference to the opinion of respectable members of the
community.” Thus, in several cases, the Court did not hesitate to
his client and his own right would be putting a burden on a
discipline a lawyer for keeping a mistress in defiance of the mores
practicing lawyer who is obligated to defend and prosecute the and sense of morality of the community. That respondent
right of his client.—Respondent filed I.S. Nos. 004439 and 01 subsequently married Lagmay in 1998 after the death of his wife
036162 both entitled “Valencia v. Samala” for estafa and grave and that this is his first infraction as regards immorality serve to
coercion, respectively, to protect his client’s rights against mitigate his liability.
complainant who filed I.S. No. 004306 for estafa against Lagmay, 5
and I.S. No. 004318 against Alvin Valencia for trespass to VOL. 512, JANUARY 22, 2007 5
dwelling. We find the charge to be without sufficient basis. The Samala vs. Valencia
act of respondent of filing the aforecited cases to protect the ADMINISTRATIVE CASE in the Supreme Court. Disbarment.
interest of his client, on one hand, and his own interest, on the The facts are stated in the resolution of the Court.
other, cannot be made the basis of an administrative charge
R E S O L U T I O N
unless it can be clearly shown that the same was being done to
abuse judicial processes to commit injustice. The filing of an
AUSTRIAMARTINEZ, J.:
administrative case against respondent for protecting the interest
of his client and his own right would be putting a burden on a
Before us is a complaint1 dated May 2, 2001 filed by Clarita J.
practicing lawyer who is obligated to defend and prosecute the
Samala (complainant) against Atty. Luciano D. Valencia
right of his client.
(respondent) for Disbarment on the following grounds: (a) serving
Same; Same; Immorality; Words and Phrases; It may be on two separate occasions as counsel for contending parties; (b)
difficult to specify the degree of moral delinquency that may knowingly misleading the court by submitting false documentary
qualify an act as immoral, yet, for purposes of disciplining a evidence; (c) initiating numerous cases in exchange for
lawyer, immoral conduct has been defined as that “conduct which nonpayment of rental fees; and (d) having a reputation of being
is willful, flagrant, or shameless, and which shows a moral immoral by siring illegitimate children.
After respondent filed his Comment, the Court, in its
indifference to the opinion of respectable members of the
Resolution of October 24, 2001, referred the case to the Integrated
community.”—Under Canon 1, Rule 1.01 of the Code of Bar of the Philippines (IBP) for investigation, report and
Professional Responsibility, a lawyer shall not engage in recommendation.2
unlawful, dishonest, immoral or deceitful conduct. It may be The investigation was conducted by Commissioner Demaree
difficult to specify the degree of moral delinquency that may Jesus B. Raval. After a series of hearings, the parties filed their
respective memoranda3 and the case was deemed submitted for In Civil Case No. 986804 filed in the Metropolitan Trial Court
resolution. (MTC), Branch 75, Marikina City, entitled “Editha S. Valdez and
Commissioner Wilfredo E.J.E. Reyes prepared the Report and Joseph J. Alba, Jr. v. Salve Bustamante and her husband” for
Recommendation4 dated January 12, 2006. He found respondent ejectment, respondent represented Valdez against Bustamante—
guilty of violating Canons 15 and 21 of the Code of Professional one of the tenants in the property subject of the controversy.
Responsibility and recommended the penalty of suspension for six Defendants appealed to the RTC, Branch 272, Marikina City
months. docketed as SCA Case No. 99341MK. In his decision dated May
2, 2000,8 Presiding Judge Reuben P. dela Cruz9 warned
_______________ respondent to refrain from repeating the act of being counsel of
record of both parties in Civil Case No. 95105MK.
1
Rollo, pp. 14. But in Civil Case No. 2000657MK, filed in the RTC, Branch
2
Id., at p. 106. 273, Marikina City, entitled “Editha S. Valdez v. Joseph J. Alba,
3
Id., at pp. 118125; 129134. Jr. and Register of Deeds of Marikina City,”
4
Id., at pp. 569579.
6 _______________
6 SUPREME COURT REPORTS ANNOTATED
Samala vs. Valencia
5
Id., at p. 568.
In a minute Resolution5 passed on May 26, 2006, the IBP Board of 6
Id., at pp. 411417.
Governors adopted and approved the report and recommendation 7
Id., at pp. 57.
of Commissioner Reyes but increased the penalty of suspension 8
Id., at pp. 1113.
from six months to one year. 9
Now Assistant Court Administrator.
We adopt the report of the IBP Board of Governors except as 7
to the issue on immorality and as to the recommended penalty.
VOL. 512, JANUARY 22, 2007 7
On serving as counsel for contending parties.
Samala vs. Valencia
Records show that in Civil Case No. 95105MK, filed in the
respondent, as counsel for Valdez, filed a Complaint for
Regional Trial Court (RTC), Branch 272, Marikina City, entitled
Rescission of Contract with Damages and Cancellation of
“Leonora M. Aville v. Editha Valdez” for nonpayment of rentals, Transfer Certificate of Title No. 275500 against Alba,
herein respondent, while being the counsel for defendant Valdez, respondent’s former client in Civil Case No. 986804 and SCA
also acted as counsel for the tenants Lagmay, Valencia, Case No. 99341MK.
Bustamante and Bayuga6 by filing an Explanation and Records further reveal that at the hearing of November 14,
Compliance before the RTC.7 2003, respondent admitted that in Civil Case No. 95105MK, he
was the lawyer for Lagmay (one of the tenants) but not for
Bustamante and Bayuga10 albeit he filed the Explanation and 8 SUPREME COURT REPORTS ANNOTATED
Compliance for and in behalf of the tenants. 11 Respondent also Samala vs. Valencia
admitted that he represented Valdez in Civil Case No. 98 may represent antagonistic interests. This stern rule is founded
6804 and SCA Case No. 99341MK against Bustamante and her on the principles of public policy and good taste. 16It springs from
husband but denied being the counsel for Alba although the case the relation of attorney and client which is one of trust and
is entitled “Valdez and Alba v. Bustamante and her husband,” confidence. Lawyers are expected not only to keep inviolate the
because Valdez told him to include Alba as the two were the client’s confidence, but also to avoid the appearance of treachery
owners of the property 12 and it was only Valdez who signed the and doubledealing for only then can litigants be encouraged to
complaint for ejectment.13 But, while claiming that respondent did entrust their secrets to their lawyers, which is of paramount
not represent Alba, respondent, however, avers that he already importance in the administration of justice.17
severed his representation for Alba when the latter charged One of the tests of inconsistency of interests is whether the
respondent with estafa.14 Thus, the filing of Civil Case No. 2000 acceptance of a new relation would prevent the full discharge of
657MK against Alba. the lawyer’s duty of undivided fidelity and loyalty to the client or
Rule 15.03, Canon 15 of the Code of Professional invite suspicion of unfaithfulness or doubledealing in the
Responsibility provides that a lawyer shall not represent performance of that duty.18
conflicting interests except by written consent of all concerned The stern rule against representation of conflicting interests is
given after a full disclosure of the facts. founded on principles of public policy and good taste. It springs
A lawyer may not, without being guilty of professional from the attorney’s duty to represent his client with undivided
misconduct, act as counsel for a person whose interest conflicts fidelity and to maintain inviolate the client’s confidence as well as
with that of his present or former client. 15 He may not also from the injunction forbidding the examination of an attorney as
undertake to discharge conflicting duties any more than he to any of the privileged communications of his client.19
An attorney owes loyalty to his client not only in the case in
_______________ which he has represented him but also after the relation of
attorney and client has terminated.20 The bare attorneyclient
Rollo, pp. 397398; 407410.
10
relationship with a client precludes an attorney from accepting
Id., at pp. 1113.
11
professional employment from the client’s adversary ei
12
Id., at p. 439.
_______________
13
Id., at p. 441.
14
Id., at p. 434. 16
Agpalo, Legal Ethics, 6th Edition, pp. 219, 225; citing cases.
15
Frias v. Lozada, A.C. No. 6656, December 13, 2005, 477 17
Hilado v. David, 84 Phil. 569, 579 (1949).
SCRA 393, 400.
8
18
Santos, Sr. v. Beltran, 463 Phil. 372, 383; 418 SCRA 17, 25 representing a new client whose interest is adverse to his former
26 (2003). client. Alba may not be his original client but the fact that he filed
19
Tiania v. Ocampo, A.C. No. 2285, August 12, 1991, 200 a case entitled “Valdez and Alba v. Bustamante and her
SCRA 472, 479. husband,” is a clear indication that respondent is protecting the
20
Lorenzana Food Corporation v. Daria, Adm. Case No. 2736, interests of both Valdez and Alba in the said case. Respondent
May 27, 1991, 197 SCRA 428, 435; Buted v. Hernando, Adm. Case cannot just claim that the lawyerclient
No. 1359, October 17, 1991, 203 SCRA 1, 8.
9 _______________
VOL. 512, JANUARY 22, 2007 9 21
Natan v. Capule, 91 Phil. 640, 648 (1952).
Samala vs. Valencia 22
Nombrado v. Hernandez, 135 Phil. 5, 9; 26 SCRA 13, 17
ther in the same case or in a different but related action. 22A
21
(1968).
lawyer is forbidden from representing a subsequent client against
a former client when the subject matter of the present
23
Pormento, Sr. v. Pontevedra, A.C. No. 5128, March 31,
controversy is related, directly or indirectly, to the subject matter 2005, 454 SCRA 167, 177178.
of the previous litigation in which he appeared for the former
24
Nombrado v. Hernandez, supra.
client.23 25
Natan v. Capule, supra at p. 648.
We held in Nombrado v. Hernandez24 that the termination of 26
Ibid., at p. 648.
the relation of attorney and client provides no justification for a 10
lawyer to represent an interest adverse to or in conflict with that 10 SUPREME COURT REPORTS ANNOTATED
of the former client. The reason for the rule is that the client’s Samala vs. Valencia
confidence once reposed cannot be divested by the expiration of relationship between him and Alba has long been severed without
the professional employment.25 Consequently, a lawyer should observing Section 26, Rule 138 of the Rules of Court wherein the
not, even after the severance of the relation with his client, do written consent of his client is required.
anything which will injuriously affect his former client in any
In Gonzales v. Cabucana, Jr.,27 citing the case of Quiambao v.
matter in which he previously represented him nor should he
disclose or use any of the client’s confidences acquired in the Bamba,28 we held that:
previous relation.26 “The proscription against representation of conflicting interests
In this case, respondent’s averment that his relationship with applies to a situation where the opposing parties are present
Alba has long been severed by the act of the latter of not turning clients in the same action or in an unrelated action. It is of no
over the proceeds collected in Civil Case No. 986804, in moment that the lawyer would not be called upon to contend for
connivance with the complainant, is unavailing. Termination of one client that which the lawyer has to oppose for the other client,
the attorneyclient relationship precludes an attorney from or that there would be no occasion to use the confidential
information acquired from one to the disadvantage of the other as representation in Civil Case No. 95105MK upon being warned
the two actions are wholly unrelated. It is enough that the by the court,31 but the same will not exculpate him from the
opposing parties in one case, one of whom would lose the suit, are charge of representing conflicting interests in his representation
present clients and the nature or conditions of the lawyer’s in Civil Case No. 2000657MK.
respective retainers with each of them would affect the Respondent is reminded to be more cautious in accepting
performance of the duty of undivided fidelity to both clients.” 29 professional employments, to refrain from all appearances and
Respondent is bound to comply with Canon 21 of the Code of acts of impropriety including circumstances indicating conflict of
Professional Responsibility which states that “a lawyer shall interests, and to behave at all times with circumspection and
preserve the confidences and secrets of his client even after the dedication befitting a member of the Bar, especially observing
attorneyclient relation is terminated.” candor, fairness and loyalty in all transactions with his clients. 32
The reason for the prohibition is found in the relation of On knowingly misleading the court by submitting
attorney and client, which is one of trust and confidence of the false documentary evidence.
highest degree. A lawyer becomes familiar with all the facts Complainant alleges that in Civil Case No. 007137 filed before
connected with his client’s case. He learns from his client the MTC, Branch 75 for ejectment, respondent submitted TCT No.
weak points of the action as well as the strong ones. Such 273020 as evidence of Valdez’s ownership despite the fact that a
knowledge must be considered sacred and guarded with care. 30 new TCT No. 275500 was already issued in the name of Alba on
From the foregoing, it is evident that respondent’s February 2, 1995.
representation of Valdez and Alba against Bustamante and her Records reveal that respondent filed Civil Case No. 007137 on
November 27, 2000 and presented TCT No. 273020 as evidence of
_______________ Valdez’s ownership of the subject property.33During the hearing
before Commissioner Raval, respondent avers that when the
27
A.C. No. 6836, January 23, 2006, 479 SCRA 320.
Answer was filed in the said case, that was the time that he came
28
A.C. No. 6708, August 25, 2005, 468 SCRA 1.
to know that the title was already in the name of Alba; so that
29
Id., at p. 11. when the court dismissed the com
30
Maturan v. Gonzales, 350 Phil. 882, 887; 287 SCRA 443,
446447 (1998); U.S. v. Laranja, 21 Phil. 500, 510 (1912). _______________
11
VOL. 512, JANUARY 22, 2007 11
31
Rollo, pp. 423427.
Samala vs. Valencia
32
Gamilla v. Mariño, Jr., 447 Phil. 419, 432; 399 SCRA 308,
husband, in one case, and Valdez against Alba, in another case, is 321 (2003).
a clear case of conflict of interests which merits a corresponding 33
Rollo, pp. 3032.
sanction from this Court. Respondent may have withdrawn his 12
12 SUPREME COURT REPORTS ANNOTATED _______________
Samala vs. Valencia
plaint, he did not do anything anymore.34 Respondent further
34
Id., at pp. 459474.
avers that Valdez did not tell him the truth and things were
35
Id., at pp. 1416; 471473.
revealed to him only when the case for rescission was filed in 36
Id., at pp. 127128.
2002. 37
451 Phil. 155; 403 SCRA 123 (2003).
Upon examination of the record, it was noted that Civil Case 13
No. 2000657MK for rescission of contract and cancellation of VOL. 512, JANUARY 22, 2007 13
TCT No. 275500 was also filed on November 27, 2000, 35 before Samala vs. Valencia
RTC, Branch 273, Marikina City, thus belying the averment of he will “do no falsehood nor consent to the doing of any in court”
respondent that he came to know of Alba’s title only in 2002 when and he shall “conduct himself as a lawyer according to the best of
the case for rescission was filed. It was revealed during the his knowledge and discretion with all good fidelity as well to the
hearing before Commissioner Raval that Civil Case Nos. 007137 courts as to his clients.”38 He should bear in mind that as an
and 2000657MK were filed on the same date, although in officer of the court his high vocation is to correctly inform the
different courts and at different times. court upon the law and the facts of the case and to aid it in doing
Hence, respondent cannot feign ignorance of the fact that the justice and arriving at correct conclusion.39 The courts, on the
title he submitted was already cancelled in lieu of a new title other hand, are entitled to expect only complete honesty from
issued in the name of Alba in 1995 yet, as proof of the latter’s lawyers appearing and pleading before them. While a lawyer has
ownership. the solemn duty to defend his client’s rights and is expected to
Respondent failed to comply with Canon 10 of the Code of display the utmost zeal in defense of his client’s cause, his
Professional Responsibility which provides that a lawyer shall not conduct must never be at the expense of truth.
do any falsehood, nor consent to the doing of any in court; nor A lawyer is the servant of the law and belongs to a profession
shall he mislead, or allow the Court to be mislead by any artifice. to which society has entrusted the administration of law and the
It matters not that the trial court was not misled by respondent’s dispensation of justice.40 As such, he should make himself more
submission of TCT No. 273020 in the name of Valdez, as shown an exemplar for others to emulate.41
by its decision dated January 8, 2002 36 dismissing the complaint
On initiating numerous cases in exchange for nonpayment
for ejectment. What is decisive in this case is respondent’s intent
of rental fees.
in trying to mislead the court by presenting TCT No. 273020
Complainant alleges that respondent filed the following cases:
despite the fact that said title was already cancelled and a new
(a) Civil Case No. 2000657MK at the RTC, Branch 272; (b) Civil
one, TCT No. 275500, was already issued in the name of Alba.
Case No. 007137 at the MTC, Branch 75; and (c) I.S. Nos. 00
In Young v. Batuegas,37 we held that a lawyer must be a
4439 and 01036162 both entitled “Valencia v. Samala” for estafa
disciple of truth. He swore upon his admission to the Bar that
and grave coercion, respectively, before the Marikina City
Prosecutor. Complainant claims that the two criminal cases were The filing of an administrative case against respondent for
filed in retaliation for the cases she filed against Lagmay protecting the interest of his client and his own right would be
docketed as I.S. No. 004306 for estafa and I.S. No. 004318 putting a burden on a practicing lawyer who is obligated to
against Alvin Valencia (son of respondent) for trespass to defend and prosecute the right of his client.
dwelling. On having a reputation for being immoral by siring
illegitimate children.
_______________ We find respondent liable for being immoral by siring illegitimate
children.
38
Id., at p. 161; p. 126. During the hearing, respondent admitted that he sired three
39
Ibid., at p. 161; pp. 126127. children by Teresita Lagmay who are all over 20 years
40
TingDumali v. Torres, A.C. No. 5161, April 14, 2004, 427
SCRA 108, 117. _______________
41
Ibid., at p. 117.
14
42
Rollo, p. 485.
14 SUPREME COURT REPORTS ANNOTATED
43
Id., at pp. 144146.
Samala vs. Valencia
44
Id., at p. 100.
As culled from the records, Valdez entered into a retainer
45
Id., at pp. 4143.
agreement with respondent. As payment for his services, he was 46
Id., at pp. 4445.
allowed to occupy the property for free and utilize the same as his 47
Son of respondent and one of the tenants in the subject
office pursuant to their retainer agreement.42 property.
Respondent filed I.S. Nos. 00443943 and 0103616244both 15
entitled “Valencia v. Samala” for estafa and grave coercion, VOL. 512, JANUARY 22, 2007 15
respectively, to protect his client’s rights against complainant who Samala vs. Valencia
filed I.S. No. 00430645 for estafa against Lagmay, and I.S. No. 00 of age,48 while his first wife was still alive. He also admitted that
431846 against Alvin Valencia47 for trespass to dwelling. he has eight children by his first wife, the youngest of whom is
We find the charge to be without sufficient basis. The act of over 20 years of age, and after his wife died in 1997, he married
respondent of filing the aforecited cases to protect the interest of Lagmay in 1998.49 Respondent further admitted that Lagmay was
his client, on one hand, and his own interest, on the other, cannot staying in one of the apartments being claimed by complainant.
be made the basis of an administrative charge unless it can be However, he does not consider his affair with Lagmay as a
clearly shown that the same was being done to abuse judicial relationship50and does not consider the latter as his second
processes to commit injustice. family.51 He reasoned that he was not staying with Lagmay
because he has two houses, one in Muntinlupa and another in Samala vs. Valencia
Marikina.52 flagrant, or shameless, and which shows a moral indifference to
In this case, the admissions made by respondent are more the opinion of respectable members of the community.” 54 Thus, in
than enough to hold him liable on the charge of immorality. several cases, the Court did not hesitate to discipline a lawyer for
During the hearing, respondent did not show any remorse. He keeping a mistress in defiance of the mores and sense of morality
even justified his transgression by saying that he does not have of the community.55 That respondent subsequently married
any relationship with Lagmay and despite the fact that he sired Lagmay in 1998 after the death of his wife and that this is his
three children by the latter, he does not consider them as his first infraction as regards immorality serve to mitigate his
second family. It is noted that during the hearing, respondent liability.
boasts in telling the commissioner that he has two houses—in ACCORDINGLY, the Court finds respondent Atty. Luciano D.
Muntinlupa, where his first wife lived, and in Marikina, where Valencia GUILTY of misconduct and violation of Canons 21, 10
Lagmay lives.53 It is of no moment that respondent eventually and 1 of the Code of Professional Responsibility. He is
married Lagmay after the death of his first wife. The fact still SUSPENDED from the practice of law for three (3) years,
remains that respondent did not live up to the exacting standard effective immediately upon receipt of herein Resolution.
of morality and decorum required of the legal profession. Let copies of this Resolution be furnished all courts of the
Under Canon 1, Rule 1.01 of the Code of Professional land, the Integrated Bar of the Philippines as well as the Office of
Responsibility, a lawyer shall not engage in unlawful, dishonest, the Bar Confidant for their information and guidance, and let it
immoral or deceitful conduct. It may be difficult to specify the be entered in respondent’s personal records.
degree of moral delinquency that may qualify an act as immoral, SO ORDERED.
yet, for purposes of disciplining a lawyer, immoral conduct has Puno (C.J.), Quisumbing, YnaresSantiago, Sandoval
been defined as that “conduct which is willful,
Gutierrez, Carpio, Corona, CarpioMorales, Callejo,
_______________ Sr., Azcuna, Tinga, ChicoNazario, Garcia and Velasco, Jr., JJ.,
concur.
48
Rollo, pp. 514515. Atty. Luciano D. Valencia suspended from practice of law for
49
Id., at pp. 517519. three (3) years for misconduct and violation of Canons 21, 10 and
50
Id., at p. 521. 1 of Code of Professional Responsibility.
51
Id., at p. 524.
_______________
52
Id., at pp. 520524.
53
Id., at pp. 520521.
Rau Sheng Mao v. Velasco, 459 Phil. 440, 445; 413 SCRA
54
16 108, 112 (2003).
16 SUPREME COURT REPORTS ANNOTATED
Mendoza v. Mala, A.C. No. 1129, July 27, 1992, 211 SCRA
55 is no claim that military or diplomatic secrets will be disclosed by
839, 841; Vda. de Mijares v. Villaluz, A.C. No. 4431, June 19, the production of records pertaining to the personnel of the EIIB.
Indeed, EIIB’s function is the gathering and evaluation of
1997, 274 SCRA 1, 6; Paras v. Paras, 397 Phil. 462, 475; 343
intelligence reports and information regarding “illegal activities
SCRA 414, 426 (2000); Cambaliza v. CristalTenorio, A.C. No. affecting the national economy, such as, but not limited to,
6290, July 14, 2004, 434 SCRA 288, 294; Go v. Achas, MTJ04 economic sabotage, smuggling, tax evasion, dollar salting.”
1564, March 11, 2005, 453 SCRA 189, 201; Zaguirre v. Consequently, while in cases which involve state secrets it may be
Castillo, A.C. No. 4921, August 3, 2005, 465 SCRA 520, 530. sufficient to determine from the circumstances of the case that
17 there is reasonable danger that compulsion of the evidence will
VOL. 512, JANUARY 22, 17 expose military matters without compelling production, no
2007 similar excuse can be made for a privilege resting on other
considerations.
286 SUPREME COURT REPORTS
Same; Neither is there any law or regulation which considers
ANNOTATED
personnel records of the EIIB as classified information.—Nor has
Almonte vs. Vasquez
our attention been called to any law or regulation which considers
G.R. No. 95367. May 23, 1995.* personnel records of the EIIB as classified information. To the
COMMISSIONER JOSE T. ALMONTE, VILLAMOR C. PEREZ, contrary, COA Circular No. 88293, which petitioners invoke to
NERIO ROGADO, and ELISA RIVERA, support their contention that there is adequate safeguard against
petitioners, vs. HONORABLE CONRADO M. VASQUEZ and
misuse of public funds, provides that the “only item of
CONCERNED CITIZENS, respondents.
expenditure which should be treated strictly confidential” is that
Ombudsman; At common law a governmental privilege which refers to the “purchase of information and payment of
against disclosure is recognized with respect to state secrets rewards.”
bearing on military, diplomatic and similar matters.—At common
law a governmental privilege against disclosure is recognized _______________
with respect to state secrets bearing on military, diplomatic and
similar matters. This privilege is based upon public interest of EN BANC.
*
such paramount importance as in and of itself transcending the 287
individual interests of a private citizen, even though, as a VOL. 244, MAY 23, 1995 287
consequence thereof, the plaintiff cannot enforce his legal rights. Almonte vs. Vasquez
Same; In the case at bar, there is no claim that military or Same; The statutes and regulations invoked by petitioners do
diplomatic secrets will be disclosed by the production of records not exempt the EIIB from the duty to account for its funds to the
pertaining to the personnel of the EIIB.—In the case at bar, there proper authorities.—The other statutes and regulations invoked
by petitioners in support of their contention that the documents Same; The Constitution expressly enjoins the Ombudsman to
sought in the subpoena duces tecum of the Ombudsman are act on any complaint filed “in any form or manner” concerning
classified merely indicate the confidential nature of the EIIB’s official acts or omissions.—Petitioners contend that under Art. XI,
functions, but they do not exempt the EIIB from the duty to § 13(4) the Ombudsman can act only “in any appropriate case,
account for its funds to the proper authorities. Indeed by denying and subject to such limitations as may be provided by law” and
that there were savings made from certain items in the agency that because the complaint in this case is unsigned and
and alleging that the DBM had released to the EIIB only the unverified, the case is not an appropriate one. This contention
allocations needed for the 947 personnel retained after its lacks merit. As already stated, the Constitution expressly enjoins
reorganization, petitioners in effect invited inquiry into the the Ombudsman to act on any complaint filed “in any form or
veracity of their claim. If, as petitioners claim, the subpoenaed manner” concerning official acts or omissions.
records have been examined by the COA and found by it to be 288
regular in all respects, there is no reason why they cannot be 2 SUPREME COURT REPORTS ANNOTATED
shown to another agency of the government which by
88
constitutional mandate is required to look into any complaint
concerning public office. Almonte vs. Vasquez
Same; The Ombudsman and his Deputies are designated by Same; Testimony given at a factfinding investigation and
the Constitution “protectors of the people” and as such they are charges made in a pleading in a case in court constituted a
required by it “to act promptly on complaints in any form or sufficient basis for the Ombudsman to commence investigation,
manner against public officials or employees of the Government, because a formal complaint was really not necessary.—
or any subdivision, agency or instrumentality thereof, including Accordingly, in Diaz v. Sandiganbayan the Court held that
testimony given at a factfinding investigation and charges made
governmentowned or controlled corporation.”—On the other
in a pleading in a case in court constituted a sufficient basis for
hand, the Ombudsman is investigating a complaint that several
the Ombudsman to commence investigation, because a formal
items in the EIIB were filled by fictitious persons and that the
complaint was really not necessary.
allotments for these items in 1988 were used for illegal purposes.
The plantilla and other personnel records are relevant to his Same; The phrase “in an appropriate case” means any case
investigation. He and his Deputies are designated by the concerning official act or omission which is alleged to be “illegal,
Constitution “protectors of the people” and as such they are unjust, improper or inefficient.”—Rather than referring to the
required by it “to act promptly on complaints in any form or form of complaints, therefore, the phrase “in an appropriate case”
manner against public officials or employees of the Government, in Art. XI, § 12 means any case concerning official act or omission
or any subdivision, agency or instrumentality thereof, including which is alleged to be “illegal, unjust, improper, or inefficient.”
governmentowned or controlled corporation.” The phrase “subject to such limitations as may be provided by
law” refers to such limitations as may be provided by Congress or,
in the absence thereof, to such limitations as may be imposed by VOL. 244, MAY 23, 1995 289
the courts. Such limitations may well include a requirement that Almonte vs. Vasquez
the investigation be conducted in camera, with the public matters affecting the economy of the nation. As such, EIIB’s
excluded, as exception to the general nature of the proceedings in functions are related to matters affecting national security. In the
the Office of the Ombudsman. A reconciliation is thereby made performance of its function in relation with the gathering of
between the demands of national security and the requirement of intelligence information executive privilege could as well be
accountability enshrined in the Constitution. invoked by the EIIB, especially in relation to its covert operations.
Same; The general investigation in the Ombudsman’s office Same; Court cannot interfere with a determination, properly
is precisely for the purpose of protecting those against whom a made, on a question affecting economic security lest it is prepared
complaint is filed against hasty, malicious and oppressive to ride roughshod over certain prerogatives of our political
prosecution as much as securing the State from useless and branches.—The determination, by the executive branch, through
expensive trials.—What has been said above disposes of its appropriate agencies, of a question as affecting the national
petitioners’ contention that the anonymous lettercomplaint security is a policy decision for which this Court has neither the
against them is nothing but a vexatious prosecution. It only competence nor the mandate to infringe upon. In the absence of a
remains to say that the general investigation in the clear showing a grave abuse of discretion on the part of the
Ombudsman’s office is precisely for the purpose of protecting Executive, acting through its (national security) agencies, I am of
those against whom a complaint is filed against hasty, malicious, the opinion that we cannot interfere with a determination,
and oppressive prosecution as much as securing the State from properly made, on a question affecting economic security lest we
useless and expensive trials. There may also be benefit resulting are prepared to ride roughshod over certain prerogatives of our
from such limited in camera inspection in terms of increased political branches.
public confidence that the privilege is not being abused and Same; The constitutional right allowing disclosure of
increased likelihood that no abuse is in fact occurring. governmental documents, i.e., the right to information on matters
of public concern is not absolute.—The constitutional right
KAPUNAN, J, Dissenting Opinion: allowing disclosure of governmental documents, i.e., the right to
information on matters of public concern is not absolute. While
Ombudsman; EIIB’s functions are related to matters access to official records may not be prohibited, it may be
affecting national security.—Disclosure of the documents as regulated. Regulation includes appropriate authority to
required by the Ombudsman would necessarily defeat the legal determine what documents are of public concern, the manner of
mandate of the EIIB as the intelligence arm of the executive access to information contained in such documents and to
branch of government relating to withhold information under certain circumstances, particularly,
289 as in this case, those circumstances affecting the national
security.
PETITION for certiorari, prohibition and mandamus in the 1. 1.These are the things that I have been observing. During
Supreme Court. the implementation of E.O. 127 on May 1, 1988, one
hundred ninety (190) personnel were dismissed. Before
The facts are stated in the opinion of the Court. that implementation, we had a monthly savings of
Valmonte Law Offices for petitioners. P500,000.00 from unfilled plantilla position plus the
implementation of RA 6683 wherein seventy (70) regular
MENDOZA, J.: employees availed a total amount of P1,400,000.00 was
saved from the government monthly. The question is,
This is a petition for certiorari, prohibition, and mandamus to how do they used or disbursed this savings? The EIIB
annul the subpoena duces tecum and orders issued by respondent has a syndicate headed by the Chief of Budget Division
Ombudsman, requiring petitioners Nerio Rogado and Elisa who is manipulating funds and also the brain of the so
Rivera, as chief accountant and record custodian, respectively, of called “ghost agents” or the “Emergency Intelligence
the Economic Intelligence and Investigation Bureau (EIIB) to Agents” (EIA). The Commissioner of EIIB has a biggest
290 share on this. Among his activities are:
290 SUPREME COURT REPORTS ANNOTATED
1. a)Supporting RAM wherein he is involved. He
Almonte vs. Vasquez
gives big amount especially during the Dec. Failed
produce “all documents relating to Personal Services Funds for
coup.
the year 1988 and all evidence, such as vouchers (salary) for the
whole plantilla of EIIB for 1988” and to enjoin him from enforcing
2. b)Payment for thirty five (30) mini UZI’s.
his orders.
Petitioner Jose T. Almonte was formerly Commissioner of the
EIIB, while Villamor C. Perez is Chief of the EIIB’s Budget and 3. c)Payment for the purchased of Maxima ‘87 for
personal used of the Commissioner.
Fiscal Management Division. The subpoena duces tecum was
issued by the Ombudsman in connection with his investigation of
an anonymous letter alleging that funds representing savings 4. d)Another observation was the agents under the
from unfilled positions in the EIIB had been illegally disbursed. Director of NCR EIIB is the sole operating unit within
The letter, purporting to have been written by an employee of the Metro Manila which was approved by no less than the
EIIB and a concerned citizen, was addressed to the Secretary of Commissioner due to anomalous activities of almost
Finance, with copies furnished several government offices, all agents assigned at the central office directly under
including the Office of the Ombudsman. the Commissioner. Retired Brig. Gen. Almonte as one
The letter reads in pertinent parts: of the AntiGraft board member of the Department of
Finance should not tolerate this. However, the
Commissioner did not investigate his own men assorted high powered firearms. Agents plus one
instead, he placed them under the 1530 payroll. personnel from the legal proclaimed only five (5)
firearms and the remaining was pilfered by
291 them.Another observation is almost all EIIB agents
VOL. 244, MAY 23, 1995 291 collects payroll from the big time smuggler syndicate
Almonte vs. Vasquez monthly and brokers every week for them not to be
apprehended.Another observation is the commissioner
allocates funds coming from the intelligence funds to the
1. e)Many more which are personal.
media to sustain their good image of the bureau.
1. 2.Sir, my question is this. Can your good office investigate
In his comment1 on the lettercomplaint, petitioner Almonte
EIIB intelligence funds particularly Personal Services
denied that as a result of the separation of personnel, the EIIB
(01) Funds? I wonder why the Dep’t of Budget & Mgmt.
had made some savings. He averred that the only funds released
cannot compel EIIB to submit an actual filled up
to his agency by the Department of Budget and Management
position because almost half of it are vacant and still
(DBM) were those corresponding to 947 plantilla positions which
they are releasing it. Are EIIB plantilla position
were filled. He also denied that there were “ghost agents” in the
classified? It is included in the Personal Services
Itemization (PSI) and I believe it is not classified and a EIIB and claimed that disbursements for “open” (i.e., “overt”
ruling from Civil Service Commission that EIIB is not personnel) and “closed” (i.e., “covert” personnel) plantillas of the
exempted from Civil Service. Another info, when we had agency had been cleared by the Commission on Audit (COA); that
salary differential last Oct ‘88 all money for the whole the case of the 30 Uzis had already been investigated by
plantilla were released and from that alone, Millions
were saved and converted to ghost agents of EIA. _______________
In the case at bar, there is no claim that military or diplomatic _______________
secrets will be disclosed by the production of records pertaining to
the personnel of the EIIB. Indeed, EIIB’s function is the gathering camera inspection.” 433 U.S. at 45152, 53 L.Ed.2d. at 89697.
and evaluation of intelligence reports and information regarding Accordingly the validity of the law, entitled “Presidential
“illegal activities affecting the national economy, such as, but not Recordings and Materials Preservation Act,” was upheld against
limited to, economic sabotage, smuggling, tax evasion, dollar the claim that “the Presidential privilege shields the records from
salting.”18 Consequently, while in cases which involve state archival scrutiny.”
secrets it may be sufficient to determine from the circumstances 18
E.O. No. 127.
of the case that there is reasonable danger that compulsion of the 19
United States v. Reynolds, supra, note 16.
evidence will expose military matters without compelling 20
Quoted in Petitioners’ Memorandum, p. 27.
production,19 no similar excuse can be made for a privilege resting
299
on other considerations.
VOL. 244, MAY 23, 1995 299
Almonte vs. Vasquez Effective immediately, all requests for the allocation or release
It should be noted that the regulation requires that “reasonable of intelligence funds shall indicate in full detail the specific
records” be kept justifying the confidential or privileged character purposes for which said funds shall be spent and shall explain the
of the information relating to informers. There are no such circumstances giving rise to the necessity for the expenditure and
reasonable records in this case to substitute for the records the particular aims to be accomplished. (Letter of Instructions No.
claimed to be confidential. 1282 dated January 12, 1983).
The other statutes and regulations21 invoked by petitioners in Any disbursement of intelligence funds should not be allowed
support of their contention that the documents sought in the in audit, unless it is in strict compliance with the provisions of
subpoena duces tecum of the Ombudsman are classified merely Letters of Instruction No. XXX and 1282. Any officer or employee
who violates the provisions of the aforementioned Letter of
indicate the confidential nature of the EIIB’s functions, but they
Instruction shall be dealt with administratively without prejudice
do not exempt the EIIB from the duty to account for its funds to
to any criminal action that may be warranted. (Memorandum
the proper authorities. Indeed by denying that there were savings
Circular No. 1290 of the Office of the President dated August 19,
made from certain items in the agency and alleging that the DBM
1985).
had released to the EIIB only the allocations needed for the 947
personnel retained after its reorganization, petitioners in effect 300
invited inquiry into the veracity of their claim. If, as petitioners 300 SUPREME COURT REPORTS ANNOTATED
claim, the subpoenaed records have been examined by the COA Almonte vs. Vasquez
and found by it to be regular in all respects, there is no reason government which by constitutional mandate is required to look
why they cannot be shown to another agency of the into any complaint concerning public office.
On the other hand, the Ombudsman is investigating a
_______________ complaint that several items in the EIIB were filled by fictitious
persons and that the allotments for these items in 1988 were used
Petitioners cite in their Memorandum, at p. 19, the
21
for illegal purposes. The plantilla and other personnel records are
following: relevant to his investigation. He and his Deputies are designated
§ 19. Release of Intelligence and Confidential Funds.—Intelligence by the Constitution “protectors of the people” and as such they are
and confidential funds provided for in the budgets of required by it “to act promptly on complaints in any form or
departments, bureaus, offices or other agencies of the national manner against public officials or employees of the Government,
government, including amounts from savingsauthorized by or any subdivision, agency or instrumentality thereof, including
Special Provisions to be used for intelligence and counter governmentowned or controlled corporation.”22
intelligence activities, shall be released only upon approval of the His need for the documents thus outweighs the claim of
President of the Philippines. (RA 6642GAA for CY 1988) confidentiality of petitioners. What is more, while there might
have been compelling reasons for the claim of privilege in 1988
when it was asserted by petitioners, now, seven years later, these courts. In Lansang v. Garcia23 this Court held closed door
reasons may have been attenuated, if they have not in fact sessions, with only the immediate parties and their counsel
ceased. The agents whose identities could not then be revealed present, to determine claims that because of subversion there was
may have ceased from the service of the EIIB, while the covert imminent danger to public safety warranting the suspension of
missions to which they might have been deployed might either the writ of habeas corpus in 1971. Again in Marcos v.
have been accomplished or abandoned. On the other hand, the
Manglapus24 the Court met behind closed doors to receive
Ombudsman’s duty to investigate the complaint that there were
military briefings on the threat posed to national security by the
in 1988 unfilled positions in the EIIB for which continued funding
return to the country of the former President and his family. In
was received by its officials and put to illegal use, remains.
the United States, a similar inquiry into the danger to national
Above all, even if the subpoenaed documents are treated as
security as a result of the publication of classified documents on
presumptively privileged, this decision would only justify ordering
the Vietnam war was upheld by the U.S. Supreme Court.25 We see
their inspection in camera but not their nonproduction. However, no reason why similar safeguards cannot be made to enable an
as concession to the nature of the functions of the EIIB and just to agency of the Government, like the Office of the Ombudsman, to
be sure no information of a confidential character is disclosed, the carry out its constitutional duty to protect public interests 26 while
examination of records in this case should be made in strict insuring the
confidence by the Ombudsman himself. Reference may be made to
the documents in any decision or order which the Ombudsman _______________
may render or issue but only to the extent that it will not reveal
covert activities of the agency. Above all, there must be a 23
42 SCRA 448 (1971).
scrupulous protection of the documents delivered. 24
117 SCRA 668 (1989).
With these safeguards outlined, it is believed that a 25
New York Times Co. v. United States [The Pentagon Papers
satisfactory resolution of the conflicting claims of the parties is Case], 403 U.S. 713, 29 L.Ed. 2d 822 (1971).
achieved. 26
Art. XI, § 13. The Office of the Ombudsman shall have the
following powers, functions, and duties:
_______________
1. (1)Investigate on its own, or on complaint by any person,
Art. XI, § 12.
22
any act or omission of any public official, employee, office
301
or agency, when such act or omission appears to be
VOL. 244, MAY 23, 1995 301 illegal, unjust, improper, or inefficient.
Almonte vs. Vasquez
It is not amiss to state that even matters of national security have 2. (2)Direct, upon complaint or at its own instance, any
been inquired into in appropriate in cameraproceedings by the public official or employee of the Government, or any
subdivision, agency or instrumentality thereof, as well The Ombudsman and his Deputies, as protectors of the people,
as of any governmentowned or controlled corporation shall act promptly on complaints filed in any form or
with original charter, to perform and expedite any act or manner against public officials or employees of the Government,
duty required by law, or to stop, prevent and correct any or any subdivision, agency, or instrumentality thereof, including
abuse or impropriety in the performance of duties. governmentowned or controlled corporations and shall
in appropriate cases, notify the complainants of the action taken
3. (3)Direct the officer concerned to take appropriate action
and the result thereof. (Emphasis added)
against a public official or employee at fault, and
Similarly, the Ombudsman Act of 1989 (Rep. Act No. 6770)
recommend his removal, suspension, demotion, fine,
provides in § 26(2):
censure, or prosecution, and ensure compliance
The Office of the Ombudsman shall receive complaints from any
therewith.
source in whatever form concerning an official act or omission. It
4. (4)Direct the officer concerned, in any appropriate case, shall
and subject to such limitations as may be provided by
_______________
law, to
furnish it with copies of documents relating to contracts or
302 transactions entered into by his office involving the disbursement
302 SUPREME COURT REPORTS ANNOTATED or use of public funds or properties, and report any irregularity to
Almonte vs. Vasquez the Commission on Audit for appropriate action.
confidentiality of classified documents. (5) Request any government agency for assistance and
information necessary in the discharge of its responsibilities, and
C. to examine, if necessary, pertinent records and documents.
....
Petitioners contend that under Art. XI, § 13(4) the Ombudsman (7) Determine the causes of inefficiency, red tape,
can act only “in any appropriate case, and subject to such mismanagement, fraud, and corruption in the Government and
limitations as may be provided by law” and that because the make recommendations or their elimination and the observance
complaint in this case is unsigned and unverified, the case is not of high standards of ethics and efficiency. In the performance of
an appropriate one. This contention lacks merit. As already his functions the Ombudsman is given under Rep. Act No. 6770, §
stated, the Constitution expressly enjoins the Ombudsman to act 15(8) the power to issue subpoena and subpoena duces tecum.
on any complaint filed “in any form or manner” concerning official
303
acts or omissions. Thus, Art. XI, § 12 provides:
VOL. 244, MAY 23, 1995 303
Almonte vs. Vasquez
act on the complaint immediately and if it finds the same entirely 27
219 SCRA 675 (1993).
baseless, it shall dismiss the same and inform the complainant of 28
Art. XI, § 13(1).
such dismissal citing the reasons therefor. If it finds a reasonable 29
Art. XI, § 13(6) requires the Office of the Ombudsman to
ground to investigate further, it shall first furnish the respondent “publicize matters covered by its investigation when
public officer or employee with a summary of the complaint and circumstances so warrant and with due prudence.”
require him to submit a written answer within seventytwo hours 30
Art. XI, § 1 provides: “Public office is a public trust. Public
from receipt thereof. If the answer is found satisfactory, it shall officers and employees must at all times be accountable to the
dismiss the case. (Emphasis added) people, serve them with utmost responsibility, integrity, loyalty,
Accordingly, in Diaz v. Sandiganbayan 27 the Court held that and efficiency, act with patriotism and justice and lead modest
testimony given at a factfinding investigation and charges made lives.”
in a pleading in a case in court constituted a sufficient basis for 304
the Ombudsman to commence investigation, because a formal 304 SUPREME COURT REPORTS ANNOTATED
complaint was really not necessary. Almonte vs. Vasquez
Rather than referring to the form of complaints, therefore, the purpose of protecting those against whom a complaint is filed
phrase “in an appropriate case” in Art. XI, § 12 means any case against hasty, malicious, and oppressive prosecution as much as
concerning official act or omission which is alleged to be “illegal, securing the State from useless and expensive trials. There may
unjust, improper, or inefficient.”28The phrase “subject to such also be benefit resulting from such limited in camera inspection in
limitations as may be provided by law” refers to such limitations terms of increased public confidence that the privilege is not
as may be provided by Congress or, in the absence thereof, to such being abused and increased likelihood that no abuse is in fact
limitations as may be imposed by the courts. Such limitations occurring.
may well include a requirement that the investigation be
conducted in camera, with the public excluded, as exception to the II.
general nature of the proceedings in the Office of the
Ombudsman.29 A reconciliation is thereby made between the Nor is there violation of petitioners’ right to the equal protection
demands of national security and the requirement of of the laws. Petitioners complain that “in all forum and tribunals .
accountability enshrined in the Constitution. 30 What has been . . the aggrieved parties . . . can only hale respondents via their
said above disposes of petitioners’ contention that the anonymous verified complaints or sworn statements with their identities fully
lettercomplaint against them is nothing but a vexatious disclosed,” while in proceedings before the Office of the
prosecution. It only remains to say that the general investigation Ombudsman anonymous letters suffice to start an investigation.
in the Ombudsman’s office is precisely for the In the first place, there can be no objection to this procedure
because it is provided in the Constitution itself. In the second
_______________ place, it is apparent that in permitting the filing of complaints “in
any form and in a manner,” the framers of the Constitution took
into account the wellknown reticence of the people which keep personally in camera by the Ombudsman, and with all the
them from complaining against official wrongdoings. As this safeguards outlined in this decision.
Court had occasion to point out, the Office of the Ombudsman is SO ORDERED.
different from the other investigatory and prosecutory agencies of Narvasa (C.J.), Feliciano, Padilla, Regalado, Davide,
the government because those subject to its jurisdiction are public
Jr., Romero, Bellosillo, Melo, Quiason, Puno and Vitug, JJ.,
officials who, through official pressure and influence, can quash,
concur.
delay or dismiss investigations held against them.31 On the other
Kapunan, J., See dissenting opinion.
hand complainants are more often than not poor and simple folk
who cannot afford to hire lawyers.32 Francisco, J., On leave.
DISSENTING OPINION
III.
KAPUNAN, J.:
Finally, it is contended that the issuance of the subpoena duces
tecum would violate petitioners’ right against selfincrimination. The wellwritten ponencia of Mr. Justice Mendoza would
It is enough to state that the documents required to be postulate that the Economic Intelligence and Investigation
Bureau (EIIB) documents relating to the Personal Services Funds
_______________ for the year 1988 and all documentary evidence, including salary
vouchers for the whole plantilla of the EIIB for 1988 be produced
31
Deloso v. Domingo, 191 SCRA 545, 551 (1990). before the Ombudsman over the objections of the EIIB
32
2 RECORD OF THE CONSTITUTIONAL COMMISSION, Commissioner on the ground that the documents contain highly
pp. 369370. confidential matters, apart from the fact that the expenditures
305 had been cleared in audit by the Commission on Audit (COA). The
VOL. 244, MAY 23, 1995 305 reasons relied upon in the ponencia are a) that the EIIB
Almonte vs. Vasquez documents at issue are not classified under COA (Commission on
produced in this case are public records and those to whom the Audit) Circular No. 88293, Part V No. 7 which limits such
subpoena duces tecum is directed are government officials in matters exclusively to expenditures relating to the purchase of
whose possession or custody the documents are. Moreover, if, as information and payments of rewards; and b) the documents
petitioners claim the disbursement by the EIIB of funds for relating to disbursement and expenditures of the EIIB for
personal service has already been cleared by the COA, there is no personal funds had already been previously examined by the
reason why they should object to the examination of the Commission on Audit when such outlay had been passed upon in
documents by respondent Ombudsman. 306
WHEREFORE, the petition is DISMISSED, but it is directed 306 SUPREME COURT REPORTS ANNOTATED
that the inspection of subpoenaed documents be made
Almonte vs. Vasquez on Audit. There has been no allegation of any irregularity in the
audit in the said Office, such that there is no confidentiality COA’s earlier examination, and in the absence of substantiated
privilege to protect. allegations, the previous determination ought to be accorded our
With due respect, I beg to disagree. respect unless we want to encourage unnecessary and tiresome
Disclosure of the documents as required by the Ombudsman forays and investigations into government activities which would
would necessarily defeat the legal mandate of the EIIB as the not only end up nowhere but which would also disrupt or derail
intelligence arm of the executive branch of government relating to such activities.
matters affecting the economy of the nation. As such, EIIB’s 307
functions are related to matters affecting national security. In the VOL. 244, MAY 23, 1995 307
performance of its function in relation with the gathering of Almonte vs. Vasquez
intelligence information executive privilege could as well be The confidentiality privilege invoked by petitioners attaches in
invoked by the EIIB, especially in relation to its covert operations. the exercise of the functions of the EIIB, as presidential immunity
The determination, by the executive branch, through its is bestowed by reason of the political functions of the Chief
appropriate agencies, of a question as affecting the national Executive, as a separate and coequal branch of government. By
security is a policy decision for which this Court has neither the the same parity of reasoning, the disclosure of the EIIB
competence nor the mandate to infringe upon. In the absence of a documents required to be examined by the Ombudsman even
clear showing of a grave abuse of discretion on the part of the in camera proceedings will under the pretext of ascertaining the
Executive, acting through its (national security) agencies, I am of proper disbursements of the EIIB funds will unnecessarily impair
the opinion that we cannot interfere with a determination, the performance by the EIIB of its functions especially those
properly made, on a question affecting economic security lest we affecting national security.
are prepared to ride roughshod over certain prerogatives of our The constitutional right allowing disclosure of governmental
political branches. In an area obviously affecting the national documents, i.e., the right to information on matters of public
security, disclosure of confidential information on the promptings concern is not absolute. While access to official records may not be
of some dissatisfied employees would potentially disturb a prohibited, it may be regulated. 1Regulation includes appropriate
number of carefully laidout operations dependent on secrecy and authority to determine what documents are of public concern, the
I am not prepared to do this. The characterization of the manner of access to information contained in such documents and
documents as classified information is not a shield for wrongdoing to withhold information under certain circumstances,
but a barrier against the burdensome requests for information particularly, as in this case, those circumstances affecting the
which necessarily interfere with the proper performance of their national security.2
duties. To give in, at every turn, to such requests would be greatly Besides, as I emphasized earlier, the determination of the
disruptive of governmental functions. More so in this case, since legality of EIIB’s disbursements of funds allocated to it are
expenditures of the EIIB for personal funds had already been properly within the competence of the Commission on Audit,
previously examined and passed upon in audit by the Commission which as the ponencia of Justice Mendoza finds, has been cleared
in audit. The Commission on Audit had adopted, as in the past,
measures to protect “classified information” pertaining to
examination of expenditures of intelligence agencies. In the
present case, disclosure of information to any other agency would
unnecessarily expose the covert operations of EIIB, as a
government agency charged with national security functions.
I, therefore, vote to give due course to the petition. G.R. No. 181508. October 2, 2013.*
OSCAR CONSTANTINO, MAXIMA CONSTANTINO and
Petition dismissed.
Note.—The constitutional provision on the right to public CASIMIRA MATURINGAN, petitioners, vs. HEIRS OF PEDRO
CONSTANTINO, JR., represented by ASUNCION
records is selfexecutory and supplies the rules by which the
LAQUINDANUM, respondents.
_______________ In Pari Delicto Doctrine; Under the in pari delicto doctrine,
the parties to a controversy are equally culpable or guilty, they
1
BERNAS, I THE CONSTITUTION OF THE REPUBLIC OF shall have no action against each other, and it shall leave the
THE PHILIPPINES, 265 (1987). parties where it finds them.—Latin for “in equal fault,” in pari
2
See id., at 267. delicto connotes that two or more people are at fault or are guilty
308 of a crime. Neither courts of law nor equity will interpose to grant
308 SUPREME COURT REPORTS ANNOTATED relief to the parties, when an illegal agreement has been made,
Fortune Insurance and Surety Co., Inc. vs. Court of Appeals and both parties stand in pari delicto. Under the in pari
right to information may be enjoyed by guaranteeing the right delicto doctrine, the parties to a controversy are equally culpable
and mandatory the duty to afford access to sources of information. or guilty, they shall have no action against each other, and it
(AquinoSarmiento vs. Morato, 203 SCRA 515[1991]) shall leave the parties where it finds them.
_______________
———o0o——— * SECOND DIVISION.
581
© Copyright 2018 Central Book Supply, Inc. All rights VOL. 706, OCTOBER 2, 2013 581
reserved.
Constantino vs. Heirs of Pedro Constantino, Jr.
This doctrine finds expression in the maxims “ex dolo malo
non oritur actio” and “in pari delicto potior est conditio
defendentis.”
Same; In pari delicto situations involve the parties in one Same; Evidence; Judicial Admissions; Judicial admissions
contract who are both at fault, such that neither can recover nor are legally binding on the party making the admissions.—Judicial
have any action against each other.—Finding the inapplicability admissions are legally binding on the party making the
of the in pari delicto doctrine, We find occasion to stress that admissions. Pretrial admission in civil cases is one of the
Article 1412 of the Civil Code that breathes life to the doctrine instances of judicial admissions explicitly provided for under
speaks of the rights and obligations of the parties to the contract Section 7, Rule 18 of the Rules of Court, which mandates that the
with an illegal cause or object which does not constitute a contents of the pretrial order shall control the subsequent course
criminal offense. It applies to contracts which are void for of the action, thereby, defining and limiting the issues to be tried.
illegality of subject matter and not to contracts rendered void for In Bayas, et al. v. Sandi
being simulated, or those in which the parties do not really intend 582
to be bound thereby. Specifically, in pari delicto situations involve 5 SUPREME COURT REPORTS ANNOTATED
the parties in one contract who are both at fault, such that 82
neither can recover nor have any action against each other. Constantino vs. Heirs of Pedro Constantino, Jr.
Remedial Law; Civil Procedure; Parties; Privies; Words and ganbayan, et al., 391 SCRA 415 (2002) this Court
Phrases; By the term “privies” is meant those between whom an emphasized that: Once the stipulations are reduced into writing
action is deemed binding although they are not literally parties to and signed by the parties and their counsels, they become binding
the said action.—By the term “privies” is meant those between on the parties who made them. They become judicial
whom an action is deemed binding although they are not literally admissions of the fact or facts stipulated. Even if placed at a
parties to the said action. This Court, in Correa v. Pascual, 99 disadvantageous position, a party may not be allowed to rescind
Phil. 696 (1956) had occasion to explain that “privity in estate them unilaterally, it must assume the consequences of the
disadvantage.
denotes the privity between assignor and assignee, donor and
Same; Same; Same; The general rule regarding
donee, grantor and grantee, joint tenant for life and
conclusiveness of judicial admission upon the party making it and
remainderman or reversioner and their respective assignees,
the dispensation of proof admits of two exceptions: 1) when it is
vendor by deed of warranty and a remote vendee or assignee. A
shown that the admission was made through palpable mistake,
privy in estate is one, it has been said, who derives his title to the
and 2) when it is shown that no such admission was in fact made.
property in question by purchase; one who takes by conveyance.” In
—Section 4 of Rule 129 of the Rules of Court, provides that: An
fine, respondents, as successorsininterest, derive their right
admission, verbal or written, made by a party in the course of the
from and are in the same position as their predecessor in whose
proceedings in the same case, does not require proof. The
shoes they now stand.
admission may be contradicted only by showing that it was made
through palpable mistake or that no such admission was made.
As contemplated in the aforementioned provision of the Rules of Tax Declaration 208143 consisting of 240 square meters situated
Court, the general rule regarding conclusiveness of judicial at Sta. Monica, Hagonoy, Bulacan. Pedro, Sr., upon his death,
admission upon the party making it and the dispensation of proof was survived by his six (6) children, namely: 1) PEDRO
admits of two exceptions: 1) when it is shown that the admission CONSTANTINO, JR. (Pedro, Jr.), the grandfather of the
was made through palpable mistake, and 2) when it is shown that respondents; 2) ANTONIA CONSTANTINO, who later died
no such admission was in fact made. The latter exception allows without issue; 3) CLARA CONSTANTINO, who also later died
one to contradict an admission by denying that he made such an without issue; 4) BRUNO CONSTANTINO, who was survived by
admission. his 6 children including petitioner Casimira Constantino
PETITION for review on certiorari of a decision of the Court of Maturingan; 5) EDUARDO CONSTANTINO, who is survived by
Appeals. his daughter Maura; and 6) SANTIAGO CONSTANTINO, who
The facts are stated in the opinion of the Court. was survived by his five (5) children which includes petitioner
Jeffery C. Cruz for petitioners. Oscar Constantino.4
Burgos and Villabert Law Office for respondents. _______________
1 Penned by Associate Justice Monina ArevaloZenarosa and
PEREZ, J.:
concurred in by Associate Justices Portia AliñoHormachuelos
Before the Court is a Petition for Review on Certiorariunder
and Edgardo F. Sundiam. CA Rollo, pp. 4053.
Rule 45 of the Rules of Court assailing the 31 May 2007583
2 Penned by Judge Victoria C. FernandezBernardo, records,
VOL. 706, OCTOBER 2, 2013 583 pp. 190194.
Constantino vs. Heirs of Pedro Constantino, Jr. 3 Exhibit “F,” id., at p. 10.
Decision of the Court of Appeals in CAG.R. CV No. 81329,
1
4 Id., at pp. 34.
which reversed the 27 October 2003 Decision2 of the Regional
584
Trial Court (RTC), Branch 18 of Malolos City, Bulacan, in a
584 SUPREME COURT REPORTS ANNOTATED
complaint for Declaration of Nullity of “Pagmamana sa Labas ng
Constantino vs. Heirs of Pedro Constantino, Jr.
Hukuman,” Tax Declaration Nos. 961002202653 & 1002655,
On 17 June 1999, respondents Asuncion Laquindanum
With Prayer for a Writ of Preliminary Injunction & Damages
(Asuncion) and Josefina Cailipan (Josefina), great grandchildren
docketed as Civil Case No. 630M99.
of Pedro Sr., in representation of Pedro, Jr. filed a
The Facts
complaint5 against petitioners Oscar Constantino, Maxima
This involves a controversy over a parcel of land claimed to be Constantino and Casimira Maturingan, grandchildren of Pedro
part of an estate which needed to be proportionally subdivided Sr., for the nullification of a document denominated as
among heirs.
“Pagmamana sa Labas ng Hukuman” dated 10 August 1992,6 Tax
Pedro Constantino, Sr., (Pedro Sr.) ancestors of the petitioners
Declaration Nos. 9610022 (02653) 7 and 9610022 (02655)8 and
and respondents, owned several parcels of land, one of which is an
unregistered parcel of land declared for taxation purposes under
reinstatement of Tax Declaration No. 208149 in the name of Pedro The share of Maxima was eventually conveyed to her sister,
Sr. petitioner Casimira in whose name a new Tax Declaration No. 96
In the said complaint, respondents alleged that sometime in 100220265512 was issued.
October 1998, petitioners asserted their claim of ownership over Thus, respondents sought to annul the “Pagmamana sa Labas
the whole parcel of land (240 sq m) owned by the late Pedro Sr., to ng Hukuman” as well as the Tax Declarations that were issued on
the exclusion of respondents who are occupying a portion thereof. the basis of such document.
Upon verification, respondents learned that a Tax Declaration The petitioners, on the other hand, averred in their Answer
No. 02010217033235 in the name of petitioner Oscar With Counterclaim13 that Pedro Sr., upon his death, left several
Constantino and his cousin Maxima Constantino was unlawfully parcels of land, namely: 1) a lot with an area of 240 sq m covered
issued, which in effect canceled Tax Declaration No. 20814 in the by Tax Declaration No. 20814; 2) a lot with an area of 192 sq m
name of their ancestor Pedro Sr. The issuance of the new tax also situated at Sta. Monica, Hagonoy, Bulacan, previously
declaration was allegedly due to the execution of a simulated, covered by Tax Declaration No. 9534; and 3) an agricultural land
fabricated and fictitious document denominated as “Pagmamana with an area of Four (4) hectares, more or less. The petitioners
sa Labas ng Hukuman,” wherein the petitioners misrepresented claimed that the document “Pagmamana sa Labas ng Hukuman”
themselves as the sole and only heirs of Pedro Sr. It was further pertaining to the 240 sq m lot was perfectly valid and legal, as it
alleged that subsequently, the subject land was divided equally was a product of mutual and voluntary agreement between and
between petitioners Oscar and Maxima resulting in the issuance among the descendants of the deceased Pedro Sr.
of Tax Declaration No. 96100220265310 in the name of Oscar, Further, petitioners alleged that the respondents have no
with an area of 120 sq m and the other half in the name of cause of action against them considering that the respondents’
Maxima covered by Tax Declaration No. 961002202652. 11 lawful share over the estate of Pedro Sr., had already been
_______________ transferred to them as evidenced by the Deed of Extrajudicial
5 Id., at pp. 28. Settlement with Waiver14 dated 5 December 1968, executed by
6 Exhibit “E,” id., at p. 11. Angelo Constantino, Maria Constantino (mother of respondent
7 Exhibit “C,” id., at p. 14. Asuncion), Arcadio Constantino and Mercedes Constantino, all
heirs of Pedro Jr. In the said deed, respondents adjudicated unto
8 Exhibit “D,” id., at p. 16.
themselves to the exclusion of other heirs, the parcel of land with
9 Exhibit “F,” id., at p. 10. an area of 192 sq m by misrepresenting that they were “the only
10 Id., at p. 98. legitimate heirs of Pedro Sr. Thus, petitioners claimed that in the
11 Id., at p. 99. manner similar to the assailed “Pagmamana sa Labas ng
585
Hukuman,” they as
VOL. 706, OCTOBER 2, 2013 585
_______________
Constantino vs. Heirs of Pedro Constantino, Jr.
12 Id., at p. 101.
13 Id., at pp. 2428. of them. (See: Yu Bun Guan v. Ong, 367 SCRA 559).
14 Id., at pp. 3031. Parties who are equally guilty cannot complain against
586 each other. (Sarmiento v. Salud, 45 SCRA 213.)
586 SUPREME COURT REPORTS ANNOTATED _______________
Constantino vs. Heirs of Pedro Constantino, Jr. 15 Id., at pp. 7071.
serted their rights and ownership over the subject 240 sq m lot 16 Id., at pp. 190194.
without damage to the respondents. 587
In essence, petitioners position was that the Deed of VOL. 706, OCTOBER 2, 2013 587
Extrajudicial Settlement with Waiver which led to the issuance of Constantino vs. Heirs of Pedro Constantino, Jr.
Tax Declaration No. 9534 was acquiesced in by the other heirs of Supplementing the law on the matter, that is, the
Pedro Sr., including the petitioners, on the understanding that provision of Article 19 of the New Civil Code whereby every
the respondent heirs of Pedro Jr. would no longer share and person must, in the exercise of his rights and in the
participate in the settlement and partition of the remaining lot performance of his duties, act with justice, give everyone
covered by the “Pagmamana sa Labas ng Hukuman.” his due, and observe honesty and good faith, is the legal
On 15 August 2000, pretrial conference15 was conducted maxim that “he who comes to court to demand equity must
wherein the parties entered into stipulations and admissions as come with clean hands.” (LBC Express, Inc. v. Court of
well as identification of the issues to be litigated.
Appeals, 236 SCRA 602).
Thereupon, trial on the merits ensued.On 27 October 2003,
Although, plaintiffsheirs of Pedro Constantino, Jr.,
the RTC rendered a Decision16 in favor of the respondents finding
including Asuncion Laquindanum and Josefina Cailipan,
that:
are not parties or signatories to the “Extrajudicial
As a result of execution of “Extrajudicial Settlement
Settlement with Waiver” dated December 5, 1968, they are
with Waiver” dated December 5, 1968 (Exh. “2”) executed
successorsininterest of Pedro Constantino, Jr. They are
by the Heirs of Pedro Constantino, Jr., a son of Pedro
considered “privies” to said deed, and are bound by said
Constantino, Sr. and the subsequent execution of another
extrajudicial settlement. (See: Cabresos v. Tiro, 166 SCRA
deed denominated as “Pagmamana sa Labas ng Hukuman” 400). In other words, they are “PRIVIES IN ESTATE”.
dated August 10, 1992 (Exh. “E”) executed by the heirs of
(Correa v. Pascual, 99 Phil. 696, 703).
Santiago and Bruno Constantino, also other sons of Pedro
Consequently, plaintiffs are now estopped from
Constantino, Sr., to the exclusion of the other heirs,
claiming otherwise. (See: PNB v. CA, 94 SCRA 357). They
namely, those of ANTONIA, CLARA, and EDUARDO
CONSTANTINO, both plaintiffs and defendants acted are estopped to share in the real property subject matter of
equally at fault. They are in pari delicto, whereby the law this case. In fine, they are not entitled to the reliefs prayed
leaves them as they are and denies recovery by either one
for. (Communication Materials & Design, Inc. v. CA, 260 1968 among the heirs of Pedro Jr. namely Angelo, Maria,
SCRA 673). Arcadio and Mercedes is a property belonging to Pedro Jr.
With respect to alleged damages claimed by plaintiffs although there is a typographical error in that the name of
against defendants in their Complaint and counterclaim for Pedro Jr. was inadvertently typed only as Pedro
damages by defendants against plaintiffs in their Answer, Constantino. It is clear from the reading of the document
both claims are hereby dismissed for lack of valid factual that a typographical error was committed because the four
and legal foundations (4) children of Pedro Jr. by Felipa dela Cruz were
Disposition specifically identified. Further, during the presentation of
WHEREFORE, in view of the foregoing premises and evidence of the plaintiffsappellants, it was rebutted that
disquisition, the deed denominated as “Pagmamana sa Pedro Sr. had six (6) legitimate children namely: Pedro Jr.,
Labas ng Hukuman” of August 10, 1992 and Tax Antonia, Clara, Santiago, Bruno and Eduardo19 and Pedro
Declaration No. 961002202653 in the name of Oscar Jr. had four (4).20
Constantino and Tax Declaration No. 961002202655 in Thus, the CA went on to state that the respondents, heirs of
the name of Casimira C. Maturingan (from Maxima Pedro Jr., did not adjudicate the 192 sq m lot unto themselves to
Constantino to Casimira C. Maturingan) stand. Plaintiffs’ the exclusion of all the other heirs of Pedro Sr.
588 _______________
588 SUPREME COURT REPORTS ANNOTATED 17 Id., at pp. 193194.
Constantino vs. Heirs of Pedro Constantino, Jr. 18 Rollo, pp. 3245.
Complaint for nullification thereof with damages is hereby 19 TSN, 23 October 2000, pp. 47.
DISMISSED.17 20 Rollo, p. 41.
Not convinced, the respondents appealed the aforequoted 589
decision to the Court of Appeals (CA) raising, among others, the VOL. 706, OCTOBER 2, 2013 589
erroneous application by the trial court of the doctrine of “in pari Constantino vs. Heirs of Pedro Constantino, Jr.
delicto” in declaring the validity of the document “Pagmamana sa Rather, the adjudication in the document entitled “Extrajudicial
Labas ng Hukuman.” Settlement with Waiver dated 5 December 1968 pertains to a
In its 31 May 2007 Decision,18 the CA ruled in favor of the different property and is valid absent any evidence to the
respondents heirs of Pedro, Jr., declaring that the “Extrajudicial contrary. Hence, it is erroneous for the trial court to declare the
Settlement with Waiver” dated 5 December 1968 they executed parties in pari delicto.
covering the 192 sq m lot actually belongs to Pedro Jr., hence, not The Issue
part of the estate of Pedro Sr. The CA rationated in this wise: The petitioners now question the said ruling assigning as
The 192 square meters lot which was adjudicated in the error, among others, the failure of the CA to appreciate the
“Extrajudicial Settlement with Waiver” dated 5 December existence of misrepresentation in both documents, thereby
ignoring the propriety of the application of the in pari and enforce an illegal and immoral arrangement. (See
delicto doctrine. Likewise assailed is the erroneous disregard by Articles 1409, 1411, and 1412 of the Civil Code). Kickback
the CA of stipulations and admissions during the pretrial arrangements in the purchase of raw materials, equipment,
supplies and other needs of offices, manufacturers, and
conference on which the application of the doctrine of in pari
industrialists are so widespread and pervasive that nobody
delicto was based. seems to know how to eliminate them. x x x.
Our Ruling
Both the petitioners and the private respondent are in
Latin for “in equal fault,” in pari delicto connotes that two or
pari delicto. Neither one may expect positive relief from
more people are at fault or are guilty of a crime. Neither courts of
courts of justice in the interpretation of their contract. The
law nor equity will interpose to grant relief to the parties, when
courts will leave them as they were at the time the case
an illegal agreement has been made, and both parties stand
was filed.24
in pari delicto.21 Under the pari delicto doctrine, the parties to a
As a doctrine in civil law, the rule on pari delicto is principally
controversy are equally culpable or guilty, they shall have no
governed by Articles 1411 and 1412 of the Civil Code, which state
action against each other, and it shall leave the parties where it
that:
finds them. This doctrine finds expression in the maxims “ex dolo Article 1411. When the nullity proceeds from the
malo non oritur actio” and “in pari delicto potior est conditio illegality of the cause or object of the contract, and the act
defendentis.”22 constitutes a criminal offense, both parties being in pari
When circumstances are presented for the application of such delicto, they shall have no action against each other, and
doctrine, courts will take a hands off stance in interpreting the both shall be prosecuted.
contract for or against any of the parties. This is illus x x x x x x
_______________ Article 1412. If the act in which the unlawful or
21 A law Dictionary, Adapted to the Constitution and Laws of forbidden cause consists does not constitute a criminal
the United States. By John Bouvier. Published 1856. offense, the following rules shall be observed:
22 Ubarra v. Mapalad, A.M. No. MTJ91622, 22 March 1993, x x x x x x
220 SCRA 224, 235. 1. When the fault is on the part of both contracting
590 parties, neither may recover what he has given by virtue of
590 SUPREME COURT REPORTS ANNOTATED _______________
23 236 Phil. 225; 152 SCRA 210 (1987).
Constantino vs. Heirs of Pedro Constantino, Jr.
24 Id., at pp. 234235; p. 218.
trated in the case of Packaging Products Corporation v.
591
NLRC,23 where this Court pronounced that:
VOL. 706, OCTOBER 2, 2013 591
This Court cannot give positive relief to either
petitioner or respondent because we are asked to interpret Constantino vs. Heirs of Pedro Constantino, Jr.
the contract, or demand the performance of the other’s 25 Answer with Counterclaim filed by defendants, herein
undertaking; petitioners, records, pp. 2428.
x x x x x x. 26 Id., at p. 26.
The petition at bench does not speak of an illegal cause of 592
contract constituting a criminal offense under Article 1411. 592 SUPREME COURT REPORTS ANNOTATED
Neither can it be said that Article 1412 finds application although
Constantino vs. Heirs of Pedro Constantino, Jr.
such provision which is part of Title II, Book IV of the Civil Code
the underlying agreement and therefore they have no recourse or
speaks of contracts in general, as well as contracts which are null
reason to question it taking cue from the doctrine of in pari
and void ab initiopursuant to Article 1409 of the Civil Code —
delicto. This was the basis of the trial court’s findings that
such as the subject contracts, which as claimed, are violative of
respondents are now estopped from claiming otherwise.27
the mandatory provision of the law on legitimes.
We find that the trial court erroneously applied the doctrine.
We do not dispute that herein parties, through the Deeds they
This is not to say, however, that the CA was correct in
separately executed deprived each other of rightful shares in the
upholding the validity of the contract denominated as
two lots subject of the separate contracts — that is, if the two (2)
parcels of land subject matter thereof, form part of the estate of “Pagmamana sa Labas ng Hukuman.” The CA decision being,
the late Pedro Sr. likewise, based on pari delicto, is also incorrect.
It is asserted by the petitioners that their execution in 1992 of Finding the inapplicability of the in pari delicto doctrine, We
the contract denominated as “Pagmamana sa Labas ng find occasion to stress that Article 1412 of the Civil Code that
Hukuman” which excluded other heirs of Pedro Sr., was with an breathes life to the doctrine speaks of the rights and obligations of
the parties to the contract with an illegal cause or object which
underlying agreement with the other heirs including Maria
does not constitute a criminal offense. It applies to contracts
Constantino, daughter of Pedro Jr. and grandmother of
which are void for illegality of subject matter and not to contracts
respondents.25 The agreement was for the other heirs to recognize
rendered void for being simulated, 28 or those in which the parties
the 192 square meters lot subject matter of the “Extrajudicial
Settlement with Waiver” executed in 1968 as the share of the do not really intend to be bound thereby. Specifically, in pari
heirs of Pedro Sr. in the estate of Pedro Sr., Petitioners respected delictosituations involve the parties in one contract who are both
such agreement, as in fact, Maria Laquindanum and that of her at fault, such that neither can recover nor have any action against
heirs, herein respondents, were not disturbed in their possession each other.
or ownership over the said parcel of land; thus, the heirs of Pedro In this case, there are two Deeds of extrajudicial assignments
Jr. were said to have acquiesced 26 to the “Pagmamana sa Labas unto the signatories of the portions of the estate of an ancestor
ng Hukuman” and common to them and another set of signatories likewise assigning
unto themselves portions of the same estate. The separate Deeds
_______________
came into being out of an identical intention of the signatories in
both to exclude their coheirs of their rightful share in the entire
estate of Pedro Sr. It was, in reality, an assignment of specific Laquindanum, their predecessorininterest, and the other heirs,
portions of the estate of Pedro Sr., without resorting to a lawful including petitioners herein, based on the fact that they are not
partition of estate as both sets of heirs intended to exclude the signatories to said agreement, thus, the lack of any binding effect
other heirs. to them. Respondents argued and set forth as an issue during the
_______________ trial that they were not signatories to any of the contract or
27 Page 5 of the Decision dated 27 October 2003, id., at p. 194. privies to such an arrangement. It is not disputed, however, that
28 Lecture Notes on Civil Code by Professor Ruben F. Balane, respondents are successorsin
p. 352. _______________
593 29 Civil Code of the Philippines, Vol. IV, Tolentino, 1973 Ed.,
VOL. 706, OCTOBER 2, 2013 593 p. 592, also cited in Tongoy v. Court of Appeals, 208 Phil. 95, 113;
Constantino vs. Heirs of Pedro Constantino, Jr. 123 SCRA 99, 119 (1983).
Clearly, the principle of in pari delicto cannot be applied. The 594
inapplicability is dictated not only by the fact that two deeds, not 594 SUPREME COURT REPORTS ANNOTATED
one contract, are involved, but because of the more important Constantino vs. Heirs of Pedro Constantino, Jr.
reason that such an application would result in the validation of interest of Maria Laquindanum, one of the signatories in the
both deeds instead of their nullification as necessitated by their Extrajudicial Settlement with Waiver who was also allegedly in
illegality. It must be emphasized that the underlying agreement agreement with the petitioners.
resulting in the execution of the deeds is nothing but a void On this note, We agree with the trial court that respondents
agreement. Article 1409 of the Civil Code provides that: are “privies” to Maria Laquindanum. By the term “privies” is
ART. 1409. The following contracts are inexistent and meant those between whom an action is deemed binding although
void from the beginning: they are not literally parties to the said action. 30 This Court, in
(1) Those whose cause, object or purpose is contrary to Correa v. Pascual,31 had occasion to explain that “privity in estate
law; morals, good customs, public order or public policy; denotes the privity between assignor and assignee, donor and
x x x x x x x x x
donee, grantor and grantee, joint tenant for life and
Corollarily, given the character and nature of the deeds as
remainderman or reversioner and their respective assignees,
being void and inexistent, it has, as a consequence, of no force and
effect from the beginning, as if it had never been entered into and vendor by deed of warranty and a remote vendee or assignee. A
which cannot be validated either by time or ratification. 29 privy in estate is one, it has been said, who derives his title to the
That said, we cannot give credence to the contention of property in question by purchase; one who takes by conveyance.” In
respondents that no fault can be attributed to them or that they fine, respondents, as successorsininterest, derive their right
are free from the effects of violation of any laws arising from the from and are in the same position as their predecessor in whose
supposed unlawful agreement entered into between Maria shoes they now stand. As such successors, respondents’ situation
is analogous to that of a transferee pendente lite illustrated the estate of Pedro Sr., their common ancestor, no other evidence
in Santiago Land Development Corporation v. Court of was offered to support it. The CA in giving credence to the
respondents’ claim, merely relied on the alleged typographical
Appeals,32 reiterating Fetalino v. Sanz33 where this Court held:
error in the Deed. The basis for the CA’s conclusion was the
As such, he stands exactly in the shoes of his predecessor in
inclusion of the wife of Pedro Jr. and that of their children, which
interest, the original defendant, and is bound by the
the CA considered as proof that the property was owned by Pedro
proceedings had in the case before the property was
Jr. and not part of the estate of Pedro Sr. As pointed out by the
transferred to him. He is a proper, but not an
petitioners, the mention of the names of the children of Pedro Jr.
indispensable, party as he would, in any event, have been
in the Extrajudicial Settlement is not proof that the subject of the
bound by the judgment against his predecessor. 34
deed is the property of Pedro Jr. Meant to exclude all the other
_______________
heirs of Pedro Sr., only the children of Pedro Jr. appeared in the
30 Cabresos v. Judge Tiro, 248 Phil. 631, 636637; 166 SCRA Extrajudicial Settlement as heirs.
400, 405 (1988). Weak as the reasoning is, the CA actually contradicted the
31 99 Phil. 696, 703 (1956) quoting 50 C.J., 407 and 33 Words admissions made no less by the respondents during the pretrial
and Phrases, 800. conference where they stipulated that the land covered by Tax
32 334 Phil. 741, 747; 267 SCRA 79, 87 (1997). Declaration No. 9534 consisting of 192 sq. m belongs to Pedro
33 44 Phil. 691 (1923). Sr.35
34 Id., at p. 694. A portion of the admission and stipulations made by both
595 parties during the pretrial is hereunder quoted, thus:
VOL. 706, OCTOBER 2, 2013 595 Respondents’ admissions:
Constantino vs. Heirs of Pedro Constantino, Jr. _______________
Thus, any condition attached to the property or any agreement 35 Records, pp. 7071.
precipitating the execution of the Deed of Extrajudicial 596
Settlement with Waiver which was binding upon Maria 596 SUPREME COURT REPORTS ANNOTATED
Laquindanum is applicable to respondents who merely succeeded Constantino vs. Heirs of Pedro Constantino, Jr.
Maria. “1. That the land covered by Tax Declaration No. 9534
This notwithstanding, it must however be shown that the previously owned by Pedro Constantino, Sr. was
Deed of Extrajudicial Settlement with Waiver, referred to a transferred to Maria Constantino under Tax
property owned by Pedro Sr. There is such basis from the facts of
Declaration No. 9535; (highlighting ours)
this case.
1. The existence of Extrajudicial Settlement with Waiver per
The records show that apart from respondent Asuncion
Doc. No. 319, Page No. 44, Book No. 11, Series of 1968 by
Laquindanums’s statement that the parcel of land subject matter
Notary Public Romerico Flores, Jr.”
of the Deed of Extrajudicial Settlement with Waiver is not part of
Clearly, the above stipulation is an admission against Even if placed at a disadvantageous position, a party may
respondents’ interest of the fact of ownership by Pedro, Sr. of the not be allowed to rescind them unilaterally, it must assume
192 sq m lot covered by Tax Declaration No. 9534, which was the consequences of the disadvantage.39 (Highlighting ours)
transferred to respondents’ mother, the daughter of Pedro, Jr. Moreover, in Alfelor v. Halasan,40 this Court declared that:
Such that, in one of the issues submitted to be resolved by the A party who judicially admits a fact cannot later
trial court, this was included: “Whether or not the “Deed of challenge the fact as judicial admissions are a waiver of
Extrajudicial Settlement with Waiver” is enforceable against the proof; production of evidence is dispensed with. A judicial
plaintiffs, thus curing the legal infirmities, if any, of the admission also removes an admitted fact from the field of
“Pagmamana sa Labas ng Hukuman”36 — an issue earlier controversy. Consequently, an admission made in the
mentioned. pleadings cannot be controverted by the party making such
Judicial admissions are legally binding on the party making admission and are conclusive as to such party, and all
the admissions. Pretrial admission in civil cases is one of the proofs to the contrary or inconsistent therewith should be
instances of judicial admissions explicitly provided for under ignored, whether objection is interposed by the party or
Section 7, Rule 18 of the Rules of Court, which mandates that the not. The allegations, statements or admissions contained in
contents of the pretrial order shall control the subsequent course a pleading are conclusive as against the pleader. A party
of the action, thereby, defining and limiting the issues to be tried. cannot subsequently take a position contrary of or
In Bayas, et al. v. Sandiganbayan, et al.,37 this Court emphasized inconsistent with what was pleaded.41(Citations omitted)
that: We are aware that the last paragraph of Section 7, Rule 18 of
Once the stipulations are reduced into writing and the Rules of Court serves as a caveat for the rule of
signed by the parties and their counsels, they become conclusiveness of judicial admissions — for, in the interest of
binding on the parties who made them. They become justice, issues that may arise in the course of the proceedings but
judicial admissions of the fact or facts stipulated.38 which may not have been taken up in the pretrial can still be
_______________ taken up.
Section 7, Rule 18 of the Rules of Court reads:
36 Id., at p. 71.
37 440 Phil. 54; 391 SCRA 415 (2002). Section 7. Record of pretrial.—The proceedings in the
pretrial shall be recorded. Upon the termination thereof,
38 Id., at p. 69; p. 426, citing Schreiber v. Rickert, 50 NE 2d
the court shall issue an order which shall recite in detail
879, 13 October 1943.
the matters taken up in the conference, the action taken
597
thereon, the amendments allowed to the
VOL. 706, OCTOBER 2, 2013 597
_______________
Constantino vs. Heirs of Pedro Constantino, Jr.
39 Id.
40 520 Phil. 982; 486 SCRA 451 (2006).
41 Id., at p. 991; pp. 459460. 42 Florentino Atillo, III v. Court of Appeals, et al., 334 Phil.
598 546, 552; 266 SCRA 596, 602 (1997).
598 SUPREME COURT REPORTS ANNOTATED 43 TSN, 23 November 2000, p. 6.
Constantino vs. Heirs of Pedro Constantino, Jr. 599
pleadings, and the agreements or admissions made by the VOL. 706, OCTOBER 2, 2013 599
parties as to any of the matters considered. Should the Constantino vs. Heirs of Pedro Constantino, Jr.
action proceed to trial, the order shall, explicitly define and “ATTY. DOMINGO:
limit the issues to be tried. The contents of the order shall Q: Do you know if as part of the estate of the late Pedro
control the subsequent course of the action, unless modified Constantino, Sr. is another parcel of land also situated at
before trial to prevent injustice. Sta. Maria, Hagonoy, Bulacan with an area of 192 square
In addition, Section 4 of Rule 129 of the Rules of Court, meters?
provides that: A: It is not owned by Pedro Constantino, Sr., sir. It is our
An admission, verbal or written, made by a party in the property owned by Pedro Constantino, Jr. that was
course of the proceedings in the same case, does not require inherited by my mother Maria Constantino.
proof. The admission may be contradicted only by showing Q: And do you know how Pedro Constantino, Jr. acquired
that it was made through palpable mistake or that no such that parcel of land, the one that you mentioned a while
admission was made. ago?
As contemplated in the aforementioned provision of the Rules A: Kinagisnan ko na po yong lupang yon pagkabata pa
of Court, the general rule regarding conclusiveness of judicial na yon e amin.” (Highlighting ours)
admission upon the party making it and the dispensation of proof The above assertion of denial is simply a selfserving
admits of two exceptions: 1) when it is shown that the admission declaration unsupported by evidence. This renders conclusive the
was made through palpable mistake, and 2) when it is shown that stipulations made during the pretrial conference. Consequently,
no such admission was in fact made. The latter exception allows respondents are bound by the infirmities of the contract on which
one to contradict an admission by denying that he made such an they based their right over the property subject matter thereof.
admission.42 Considering that the infirmities in the two deeds relate to
However, respondents failed to refute the earlier exclusion of heirs, a circumvention of an heir’s right to his or her
admission/stipulation before and during the trial. While denying legitime, it is apt to reiterate our ruling in Neri v. Heirs of Hadji
ownership by Pedro Sr. of the 192 sq m lot, respondent Asuncion
Yusop Uy,44 disposing that:
Laquindanum, when placed on the stand, offered a vague
Hence, in the execution of the Extrajudicial Settlement
explanation as to how such parcel of land was acquired by Pedro
of the Estate with Absolute Deed of Sale in favour of
Jr. A portion of her testimony43is hereto reproduced as follows:
spouses Uy, all the heirs of Anunciation should have
_______________
participated. Considering that Eutropia and Victoria were
admittedly excluded and that then minors Rosa and In the ultimate analysis, therefore, both acted in
Douglas were not properly represented therein, the violation of laws. However, the pari delicto rule expressed
settlement was not valid and binding upon them and in the maxims “Ex dolo malo non oritur action” and “in
consequently, a total nullity. (Highlighting ours) pari delicto potior est condition defendentis,” which refuses
_______________ remedy to either party to an illegal agreement and leaves
44 G.R. No. 194366, 10 October 2012, 683 SCRA 553, 560. them where they are does not apply in this case.
600 _______________
600 SUPREME COURT REPORTS ANNOTATED 45 Id., at p. 561 citing Segura v. Segura, 247A Phil. 449, 456;
Constantino vs. Heirs of Pedro Constantino, Jr. 165 SCRA 368, 373 (1988).
Further highlighting the effect of excluding the heirs in the 46 De Leon v. Court of Appeals, G.R. No. 80965, 6 June 1990,
settlement of estate, the case of Segura v. Segura,45elucidated 186 SCRA 345, 359.
thus: 47 Id.
It is clear that Section 1 of Rule 74 does not apply to the 601
partition in question which was null and void as far as the VOL. 706, OCTOBER 2, 2013 601
plaintiffs were concerned. The rule covers only partition. Constantino vs. Heirs of Pedro Constantino, Jr.
The partition in the present case was invalid because it x x x x x x x x x
excluded six of the nine heirs who were entitled to equal Since the LetterAgreement was repudiated before the
shares in the partitioned property. Under the rule “no purpose has been accomplished and to adhere to the pari
extrajudicial settlement shall be binding upon any person delicto rule in this case is to put a premium to the
who has not participated therein or had no notice thereof.” circumvention of the laws, positive relief should be granted
As the partition was a total nullity and did not affect the to Macaria. Justice would be served by allowing her to be
excluded heirs, it was not correct for the trial court to hold placed in the position in which she was before the
that their right to challenge the partition had prescribed transaction was entered into.
after two years from its execution x x x. Accordingly, in order not to put a premium to the
In light of the foregoing, while both parties acted in violation circumvention of the laws as contemplated by the parties in the
of the law on legitimes, the pari delicto rule, expressed in the instant case, we must declare both contracts as void. Indeed, any
maxims “Ex dolo malo non oritur action”and “in pari delicto circumvention of the law cannot be countenanced.48
potior est condition defendentis,” which refuses remedy to either WHEREFORE, the 31 May 2007 Decision of the Court of
party to an illegal agreement and leaves them where they Appeals in CAG.R. CV No. 81329 is hereby REVERSED.
are, does not apply in this case. (Underline supplied)46 As held The Pagmamana sa Labas ng Hukuman and Extrajudicial
in De Leon v. CA:47 Settlement with Waiver are hereby declared void without
prejudice to the partition of the estate of Pedro Constantino Sr.
with the full participation of all the latter’s heirs.
SO ORDERED.
Carpio (Chairperson), Brion, Del Castillo and Perlas
Bernabe, JJ., concur.
Judgment reversed.
Notes.—Parties to a void agreement cannot expect the aid of
the law; the courts leave them as they are, because they are
deemed in pari delicto or in equal fault. This rule, however, is not
absolute. Article 1142 of the Civil Code provides an exception, and
permits the return of that which may have been given under a
void contract. (QueenslandTokyo Commodities, Inc. vs. George,
630 SCRA 304 [2010])
_______________
48 Magsulin v. National Organization of Working Men, et al.,
451 Phil. 254, 262; 403 SCRA 199, 205 (2003).
602
602 SUPREME COURT REPORTS ANNOTATED
Constantino vs. Heirs of Pedro Constantino, Jr.
The in pari delicto rule provides that when two parties are
equally at fault, the law leaves them as they are and denies
recovery by either one of them. (Land Bank of the Philippines vs.
Poblete, 691 SCRA 613 [2013]) 520 SUPREME COURT REPORTS ANNOTATED
——o0o——
People vs. Gaudia
© Copyright 2018 Central Book Supply, Inc. All rights
G.R. No. 146111. February 23, 2004.*
reserved.
PEOPLE OF THE PHILIPPINES, appellee, vs. ROLENDO
GAUDIA @ “LENDOY” or “DODO”, appellant.
Criminal Law; Circumstantial Evidence; Requisites; The
ruling case law is that for circumstantial evidence to be sufficient
to support a conviction, all circumstances must be consistent with the witness. In the case at bar, appellant cannot impute any ill
each other, consistent with the hypothesis that the accused is motive for Mik to testify adversely against him.
guilty, and at the same time inconsistent with the hypothesis that Same; Rape; Child Witnesses; Words and Phrases; Studies
he is innocent and with every other rational hypothesis except that show that children, particularly very young children, make the
of guilt.–Under Rule 133, Section 4 of the Revised Rules of Court, “perfect victims” of rape; Certainly, children have more problems
conviction may be based on circumstantial evidence provided in providing accounts of events because they do not understand
three requisites concur: (a) there is more than one circumstance; everything they experience; Moreover, children have a limited
(b) the facts from which the inferences are derived are proven; vocabulary; It must also be considered that there is no actual
and (c) the combination of all the circumstances is such as to counterpart for the word “rape” in Visayan parlance.– Next,
produce a conviction beyond reasonable doubt. The ruling case appellant tried to capitalize on the fact that Remelyn never made
law is that for circumstantial evidence to be sufficient to support any statement that he sexually molested her. This is a specious
a conviction, all circumstances must be argument. Remelyn had told her mother, “Crazy Lendoy forced
me.” Remelyn was 3 1/2 years old at the time. At such an infantile
_______________ age, she could not be expected to have a comprehension of the
concept of rape. Studies show that children, particularly very
EN BANC.
*
young children, make the “perfect victims”. They naturally follow
521
the authority of adults as the socialization process teaches
VOL. 423, FEBRUARY 23, 2004 521 children that adults are to be respected. The child’s age and
People vs. Gaudia developmental level will govern how much she comprehends
consistent with each other, consistent with the hypothesis about the abuse and therefore how much it affects her. If the child
that the accused is guilty, and at the same time inconsistent with is too young to understand what has happened to her, the effects
the hypothesis that he is innocent and with every other rational will be minimized because she has no comprehension of the
hypothesis except that of guilt. consequences. Certainly, children have more problems in
Same; Witnesses; It is hoary jurisprudence that mere providing accounts of events because they do not understand
relationship to one of the parties, without a showing of any other everything they experience. They do not have enough life
improper motive, is not sufficient basis to impair the credibility of experiences from which to draw upon in making sense of what
they see, hear, taste, smell and feel. Moreover, they have a
the witness.–First, appellant’s attempt to discredit the testimony
limited vocabulary. The fact that Remelyn called appellant
of Mik cannot succeed. It is true that Mik is a relative by affinity
of Amalia Loyola. It is hoary jurisprudence, however, that mere “Buang” or crazy shows that he did something which she knew
relationship to one of the parties, without a showing of any other was not right or proper. By saying “iya kong lugos,” Remelyn
improper motive, is not sufficient basis to impair the credibility of clearly conveyed that he forced her to do something bad. With her
limited comprehension, the child could not have a perfect way of
relating that she had been sexually abused. Finally, it must also compromise made by them to the mother of the victim. They
be considered that there is no actual counterpart for the word cannot be considered as evidence against appellant but we
“rape” in Visayan parlance. reiterate that these errors are not enough to reverse the
522 conviction of the appellant.
5 SUPREME COURT REPORTS ANNOTATED Same; Same; Right to be Informed; Pleadings and
22 Practice; Where the Information merely described the rape victim
People vs. Gaudia as a “minor” and did not allege that she was below seven years
Same; Same; Witnesses; Hearsay; Offers of Compromise; Res old, the accused was therefore charged with simple rape only.–We
Inter Alios Acta Principle; A witness can only testify on facts now review the penalty of death imposed upon appellant. In the
which are based on his personal knowledge or perception; case at bar, the Information states that appellant, “by means of
force and intimidation . . . willfully, unlawfully and feloniously
Following the principle of res inter alios acta alteri nocere non
(had) carnal knowledge with Remelyn Loyola, a minor, against
debet, the actions of the accused’s parents in offering to
her will to her damage and prejudice.” (emphasis ours) The
compromise cannot prejudice the accused, since he was not a party
Information did not allege that Remelyn was below seven years
to the said conversation, nor was it shown that he was privy to the
old when she was violated. Appellant was therefore charged with
offer of compromise made by them to the mother of the victim.– simple rape, under Section 335 of the Revised Penal Code, as
Similarly, appellant’s charge that the offers of compromise amended by Republic Act No. 7659 (the Death Penalty Law).
allegedly made by the parents of the appellant to Amalia, and by Upon its passage, R.A. No. 7659 introduced seven new attendant
the appellant himself to Amalia’s husband should not have been circumstances, which when present, will transform the crime to
taken against him by the trial court, even if sustained, will not qualified rape, punishable by death. We again stress that these
exculpate him. To be sure, the offer of compromise allegedly made new attendant circumstances must be properly pleaded in the
by appellant to Amalia Loyola’s husband is hearsay evidence, and information to justify the imposition of the death penalty. The
of no probative value. It was only Amalia who testified as to the facts stated in the body of the information determine the crime for
alleged offer, and she was not a party to the conversation which which the accused stands charged and for which he must be tried.
allegedly transpired at the Hagonoy Municipal Jail. A witness can The main purpose of requiring all the elements of a crime to be
only testify on facts which are based on his personal knowledge or set out in the information is to enable the accused to suitably
perception. The offer of compromise allegedly made by the prepare his defense. It would be a denial of the right of the
appellant’s parents to Amalia may have been the subject of accused to be informed of the charges against him and,
testimony of Amalia. However, following the principle of res inter consequently, a
alios acta alteri nocere non debet, the actions of his parents cannot 523
prejudice the appellant, since he was not a party to the said VOL. 423, FEBRUARY 23, 2004 523
conversation, nor was it shown that he was privy to the offer of People vs. Gaudia
denial of due process, if he is charged with simple rape and “That on or about March 24, 1997 at about 6:30 o’clock in the
be convicted of its qualified form punishable with death, although evening, in the Municipality of Hagonoy, Province of Davao del
the attendant circumstance qualifying the offense and resulting Sur, Philippines, and within the jurisdiction of this Honorable
in capital punishment was not alleged in the indictment on which Court, the abovenamed accused, by means of force and
he was arraigned. intimidation, did, then and there willfully, unlawfully and
feloniously have carnal knowledge with Remelyn Loyola, a minor,
AUTOMATIC REVIEW of a decision of the Regional Trial Court against her will to her damage and prejudice.”
of Digos, Davao del Sur, Br. 19.
_______________
The facts are stated in the opinion of the Court.
The Solicitor General for appellee.
1
Written by RTC Judge Hilario I. Mapayo.
Public Attorney’s Office for appellant.
2
Also known by the name “Lendoy” or “Dodo”.
524
PUNO, J.: 524 SUPREME COURT REPORTS ANNOTATED
People vs. Gaudia
There can be no greater violation of a person’s right to feel safe The prosecution presented Remelyn’s mother, Amalia Loyola, as
and secure than the crime of rape. When one commits such a its primary witness. Amalia testified that on 24 March 1997, she
horrible act on another, he degrades not only that person’s body; left her two children Remelyn (3 1/2 years old) 3 and Kimberly (1
more importantly, he defiles that person’s mind. When the victim year old)4 at their house in Clib, Hagonoy, Davao del Sur to
is a little child, the act and the perpetrator himself assume a gather pigs’ food at Bulatukan. At the time, her husband was
bestiality beyond the comprehension of normal human beings. working in Tulunan, South Cotabato. At about 4:00 in the
Yet, the law must apply equally upon saints and sinners alike, afternoon, Amalia returned home and could not find Remelyn.
even to the most salacious ruffian. She went to fetch water and proceeded to a neighbor to ask about
Before us is the Decision1 dated 10 July 2000 of Branch 19 of the whereabouts of Remelyn. Nobody could provide her any
the Regional Trial Court of Digos, Davao del Sur, finding information. On her way home, she shouted and called out
appellant Rolendo Gaudia2 guilty of the crime of rape, meting Remelyn’s name. At about 6:00 p.m., Amalia heard Remelyn
upon him the penalty of death, and ordering him to pay to private calling out to her, “Ma, I am here,” from a grove of ipil
complainant Remelyn Loyola the amounts of fifty thousand pesos ipil trees.5 Amalia rushed toward the place, but was met by
(P50,000.00) as moral damages, thirty thousand pesos Remelyn at the mango trees, some thirty (30) meters from their
(P30,000.00) as exemplary damages, and costs of suit.
house.6 She found Remelyn crying, naked, nagbakaang (walking
The Information filed against the accusedappellant reads as
with her legs spread apart) and with fresh and dried blood on her
follows:
body. Ipilipil leaves clung to her forehead. Blood was oozing from
her private organ. Amalia brought Remelyn home and washed Police officers came and brought Amalia, Remelyn and two
her. Upon closer inspection, she found a whitish mucuslike barangay officials (kagawads) to the police precinct of Hagonoy
substance coming from Remelyn’s private organ.7 for investigation. Amalia’s statement was taken.12
The following day, 2 March 1997, Amalia brought Remelyn to On 25 March 1997, Amalia brought Remelyn to the Hagonoy
the house of a certain Tiya Coring, a quack doctor, for treatment. Health Center in Davao del Sur. Dr. Patricio Hernane, the
Among the people present in the premises were the relatives and municipal health officer,13 conducted a genital examination of
parents of the appellant.8The quack doctor found both dried blood Remelyn, and made the following findings:
and fresh blood oozing in Remelyn’s vagina, and told
Amalia, “Hoy! Amalia, your daughter was being (sic) raped.”9 At GENITAL EXAMINATION:
about 10:00 a.m., Tulon Mik, a neighbor, came and informed
Amalia that he had seen the appellant pass by her house and take Absence of Pubic Hair (Tanner Stage I). No contusions are noted
Remelyn.10 At this point, the parents of appellant told Amalia, on the external genitalia. Dried blood are (sic) noted on the labia
“Mal, let us talk about this matter, we will just settle this, we are minora. Fresh hymenal lacerations are noted at 12, 3, 6, 10
willing to pay the amount of P15,000.00, for the crime that my o’clock (sic) are noted with fresh vaginal laceration noted at the
son committed.”11 posterior commissure but not extending to the perineum. No
lacerations were noted at the anal opening.
_______________ Speculum examination is not done because even exposure of
the labia minora make the child cry. (sic)
3
TSN, 5 January 1998, p. 4. According to Amalia Loyola, CONCLUSION: Physical virginity lost.14
Remelyn was born on 9 August 1993. The doctor opined that the lacerations could have been caused by
4
Id., at p. 5. the insertion of a foreign object, such as the penis of a man. 15 On
5
Id., at p. 8. 26 March 1997, Amalia executed her affidavit complaint. 16 Amalia
6
Id., at p. 7. stated therein that Remelyn had told her “Buang Lendoy iya kong
7
Id., at pp. 57. lugos.”17 (Meaning “crazy lendoy he forced me” in the Visayan
8
TSN, 5 January 1998, p. 19. dialect.) Amalia confirmed in her testimony that two weeks after
9
Id., at p. 8. the incident, Remelyn told her, “Ma, Lendoy is crazy, she (sic)
10
TSN, 5 January 1998, pp. 1415, and TSN, 26 February brought me to the ipilipil trees.”18
1998, pp. 45. The prosecution also presented Tulon Mik, Remelyn’s
11
Id., at p. 19. neighbor and a barangay kagawad in their area. Mik testified
525 that on 24 March 1997, at about 4:00 p.m., he and his wife were
VOL. 423, FEBRUARY 23, 2004 525 on their way home after registering at the COMELEC office. They
People vs. Gaudia
were in a hurry as their child was running a fever. Mik saw National Elections. With him was Totong Loyola, the brotherin
appellant car law of Amalia Loyola. They finished at 5:00 p.m., left and
repaired to the house of Catalina Cabano, appellant’s aunt, to ask
_______________ for vinegar for their kinilaw (a dish composed of raw fish steeped
in vinegar). They found Daylen Cabano, the small grandchild of
12
TSN, 5 January 1998, p. 8. Catalina, alone at her house. Daylen was crying, hence, they
13
TSN, 8 December 1997, p. 4. brought her with them as they proceeded to the place where
14
Exhibits “A2” and “A3” for the prosecution, also Exhibit “1
Catalina was collecting tuba (fermented coconut wine). It was
C” for the defense, p. 46 of the Original Records.
appellant who carried Daylen.23 They reached Catalina’s place
15
TSN, 8 December 1997, pp. 78.
after 5:00 p.m. Thereafter, they went to the house of appellant.
16
Exhibit “B” for the prosecution, p. 5 of the Original Records.
Dodo Malon and appellant’s parents were in the house. At around
17
Id. 9:00 p.m., Totong and Dodo Malon left, after partaking of
18
TSN, 5 January 1998, p. 9.
the kinilaw. Appellant stayed home. The following morning (25
526
March 1997), appellant and Dodo Milon went to the river to fish.
526 SUPREME COURT REPORTS ANNOTATED At about 12:00 noon, appellant repaired to the house of his aunt,
People vs. Gaudia Victoria Gayod, in Mahayahay to drink tuba. He was located by
rying a small girl in his arms. 19 He identified the little girl as the police and investigated.24 He claimed that it was Daylen and
Remelyn Loyola, daughter of Amalia Loyola. Appellant and not the victim Remelyn whom he was carrying.
Remelyn were on their way toward the ipilipil trees.20
The next morning, 25 March 1997, at about 7:00 a.m., a _______________
neighbor informed Mik that Remelyn had been raped. He
proceeded to the house of the quack doctor where Amalia brought 19
Exhibit “D” for the prosecution, p. 6 of the Original Records.
Remelyn for examination. Amalia confirmed to Mik that Remelyn 20
TSN, 26 February 1998, pp. 45.
had been raped. Mik told Amalia that appellant committed the 21
Id., at p. 9.
crime. Mik then informed Barangay Official Rodrigo Malud 21 and 22
Id., at p. 7.
the other tanods of the incident. They were instructed to locate 23
Id., at pp. 610.
the appellant. They passed to the police the information that 24
Id., at p. 10.
appellant was in Barangay Mahayahay. The policemen came and
527
took appellant for investigation.22
VOL. 423, FEBRUARY 23, 2004 527
The appellant, ROLENDO GAUDIA, interposed the defense of
alibi. He averred that on 24 March 1997, at about 4:00 p.m., he People vs. Gaudia
went to the Barangay Center to register at the COMELEC for the As corroborative witness, appellant presented Alex “Totong”
Loyola. Totong testified that on 24 March 1997, at about 4:00
p.m., they registered as voters in the barangay. After registering, (P50,000.00) as moral damages, thirty thousand pesos
they went home to appellant’s house, but again left to get vinegar (P30,000.00) as exemplary damages, and to pay the costs of suit.
from his aunt Catalina Cabano, for their kinilaw. In Catalina’s
house, they found her drunk husband, her 10year old daughter, _______________
and her 3year old grandchild Daylen. 25 Catalina’s daughter 25
TSN, 16 July 1999, p. 7.
directed them to the place where she was gathering tuba. As
Daylen was crying, appellant carried her on their way to
26
Id., at pp. 47.
Catalina. It was then about 4:00 p.m. After Catalina finished
27
Id., at pp. 910.
gathering tuba, the four of them–appellant, Totong, Catalina and
28
TSN, 16 July 1999, pp. 1113.
Daylen, left together and repaired to Catalina’s house for the
29
Id., at p. 15.
vinegar. Appellant and Totong returned to appellant’s house 528
where they spent the night.26 Totong woke up at 6:00 a.m. the 528 SUPREME COURT REPORTS ANNOTATED
following day, and left appellant’s house. Totong came to know of People vs. Gaudia
appellant’s arrest the following day.27 In his Brief30 to the Court, appellant assigned the following errors
Catalina Cabano also corroborated appellant’s story. She in the judgment of the trial court:
relates that on 24 March 1997, she was gathering tuba, at a place
around 2 kilometers from her house. She left Maritess, her I.
youngest child and Daylen, her grandchild, at her house. 28 At
about 5:30 p.m., appellant and Totong arrived. Appellant was THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED
carrying Daylen. They waited for Catalina to finish APPELLANT, ROLANDO (sic) GAUDIA DESPITE THE FACT
gathering tuba until 6:00 p.m. Appellant and Totong went to the THAT HIS GUILT WAS NOT PROVEN BEYOND
former’s house, had a drinking spree, and then parted ways at REASONABLE DOUBT.
about 6:30 p.m. That night, according to Catalina, she talked to
Tulon Mik at the premises near the house. Mik was looking for II.
Remelyn. At that time, appellant was already at the house of
Catalina’s younger sister, which is located across the river, about EVEN GRANTING WITHOUT ADMITTING THAT
4 kilometers away.29 ACCUSEDAPPELLANT IS GUILTY OF THE CRIME
After trial, the trial court found that there was sufficient CHARGED, THE TRIAL COURT STILL ERRED IN IMPOSING
circumstantial evidence to convict appellant for the crime of rape THE SUPREME PENALTY OF DEATH DESPITE THE
with the qualifying circumstance that the victim was below seven FAILURE OF THE PROSECUTION TO STATE WITH
years of age. Appellant was sentenced to death and ordered to CERTAINTY THE QUALIFYING CIRCUMSTANCE OF AGE IN
indemnify the victim the sums of fifty thousand pesos THE INFORMATION.
We convict appellant for simple rape, and not for qualified rape. ipilipil grove, with ipilipil leaves clinging to her forehead.
Under Rule 133, Section 4 of the Revised Rules of Court, Remelyn was crying and walking with her legs spread far apart.
conviction may be based on circumstantial evidence provided Remelyn’s private organ was bleeding and excreting a white
three requisites concur: (a) there is more than one circumstance; mucuslike substance.33
(b) the facts from which the inferences are derived are proven; The third circumstantial evidence against appellant is
and (c) the combination of all the circumstances is such as to Remelyn’s statement to her mother that it was appellant who had
produce a conviction beyond reasonable doubt. The ruling case brought her to the ipilipil grove34 and forced her to do something
law is that for circumstantial evidence to be sufficient to support against her will.35
a conviction, all circumstances must be consistent with each There is no question that Remelyn was violated. After
other, consistent with the hypothesis that the accused is guilty, examining Remelyn, Dr. Patricio Hernane, the Municipal Health
and at the same time inconsistent with the hypothesis that he is Officer of Hagonoy, found her to have a broken hymen, as well as
innocent and with every other rational hypothesis except that of fresh vaginal lacerations.
guilt.31 From these, the culpability of the appellant can be inferred
The first circumstantial evidence against the appellant is the with moral certainty. All the aforementioned circumstances have
testimony of prosecution witness Tulon Mik that at 4:00 p.m. on been indubitably proven, both by the testimonial and
24 March 1997, he saw him carrying Remelyn toward the documentary evidence presented by the prosecution, and by the
direction of the ipilipil grove, some 130 meters from her inability of the appellant to discredit their veracity.
house.32 As a neighbor and relative of Remelyn’s stepfather, Mik The attempt of appellant to discredit the circumstantial
had sufficient familiarity with the child Remelyn. The possibility evidence against him is futile. Appellant contends, first, that
that he could have been mistaken in identifying the victim is nil. Tulon Mik’s testimony is weak, on the ground that Mik is a
The second circumstantial evidence against the appellant is relative of the husband of Amalia. 36 He also questions the
Amalia’s testimony that Remelyn emerged naked from the same credibility of Mik because of his failure to confront appellant
when he saw him carrying Remelyn. Neither did Mik inform
_______________ Amalia about what he saw when Amalia was looking for
Remelyn. Appellant insists that it was Daylen whom he carried
30
Rollo, pp. 3745.
and not Remelyn. Second, he stresses the fact that Remelyn did
31
People v. Gallarde, 325 SCRA 835 (2000).
not make any categorical statement that he sexually molested
32
TSN, 26 February 1998, p. 11.
her. Third, he maintains that the accusation of flight against him
529
VOL. 423, FEBRUARY 23, 2004 529 is false. Fourth, he avers that the offer of compromise by his
parents as tendered to Amalia Loyola should not be taken against
People vs. Gaudia
him,37 while the offer of compromise he allegedly made to
Amalia’s husband, as relayed by Amalia in her testimony, should toward the ipilipil grove only when he learned of Remelyn’s fate.
be excluded as evidence for being hearsay.38 Finally, he But thereafter, he lost no time in reporting the matter to the
barangay chairman.41 As a barangay kagawad, he also assisted in
_______________ the pursuit and arrest of appellant at Barangay
Mahayahay.42These subsequent actions strengthen Mik’s
33
TSN, 5 January 1998. credibility.
34
Exhibit “B” for the prosecution, p. 5 of the Original Records. The trial court accorded more credence to Mik’s narration of
35
TSN, 5 January 1998, p. 9. the events over the testimonies of Cabano and Loyola. It is a
36
TSN, 5 January 1998, p. 6, as quoted in p. 7 of Appellant’s cornerstone of our jurisprudence that the trial judge’s evaluation
Brief, p. 38, Rollo. of the testimony of a witness and its factual findings are accorded
37
Sec. 28, Rule 130 of the Revised Rules of Court. not only the highest respect, but also finality, unless some
38
Sec. 36, Rule 130 of the Revised Rules of Court. weighty circumstance has been ignored or misunderstood which
530 could alter the result of the judgment rendered. In the case at
530 SUPREME COURT REPORTS ANNOTATED bar, there is no irregularity in the assessment of evidence by the
People vs. Gaudia lower court. It granted utmost credibility to Mik’s testimony.
submits that inconsistencies in the testimony of Alex Loyola and Given the direct opportunity to observe the witness on the stand,
Cabano should not be counted against him on the ground that any the trial judge was in a vantage position to assess his demeanor
finding of guilt must rest on the strength of the prosecution’s and determine if
evidence.
We reject appellant’s arguments. _______________
First, appellant’s attempt to discredit the testimony of Mik
cannot succeed. It is true that Mik is a relative by affinity of 39
People vs. Antonio, 303 SCRA 414 (1999).
Amalia Loyola. It is hoary jurisprudence, however, that mere 40
TSN, 26 February 1998, p. 11.
relationship to one of the parties, without a showing of any other 41
Id., at p. 6.
improper motive, is not sufficient basis to impair the credibility of 42
Id., at p. 7.
the witness.39 In the case at bar, appellant cannot impute any ill 531
motive for Mik to testify adversely against him.
VOL. 423, FEBRUARY 23, 2004 531
Appellant questions the failure of Mik to challenge him why
People vs. Gaudia
he was carrying Remelyn. Also, he assails Mik for failing to
inform Amalia Loyola of such a sight. Mik had an explanation for he was telling the truth or not. 43 The trial court found Mik’s
the inadvertence. He said his own child was down with a fever, testimony more worthy of credence over those of Catalina and
and he and his wife were hurrying home. 40 For this same reason, Loyola. We have no reason to reverse its findings.
he revealed the fact that he saw appellant carrying Remelyn
Next, appellant tried to capitalize on the fact that Remelyn 43
People vs. Manalo, G.R. Nos. 14498990, 31 January
never made any statement that he sexually molested her. This is 2003, 396 SCRA 573; People vs. Glabo, 371 SCRA
a specious argument. Remelyn had told her mother, “Crazy
567 (2001); People vs. Navida,346 SCRA 821 (2000); People vs.
Lendoy forced me.”44 Remelyn was 3 1/2 years old at the time. At
Valla, 323 SCRA 74 (2000); People vs. Lopez, 302 SCRA
such an infantile age, she could not be expected to have a
comprehension of the concept of rape. Studies show that children, 669 (1999).
particularly very young children, make the “perfect victims”. They
44
Exhibit “B” for the prosecution, p. 5 of the Original Records.
naturally follow the authority of adults as the socialization
45
Goldstein, Seth L., “The Sexual Exploitation of Children, A
process teaches children that adults are to be respected. The Practical Guide to Assessment, Investigation and Intervention,
child’s age and developmental level will govern how much she 2nd Edition,” CRC Press LLC: 1999.
comprehends about the abuse and therefore how much it affects 532
her. If the child is too young to understand what has happened to 532 SUPREME COURT REPORTS ANNOTATED
her, the effects will be minimized because she has no People vs. Gaudia
comprehension of the consequences. Certainly, children have will it affect the penalty or the award of damages rendered
more problems in providing accounts of events because they do against him.
not understand everything they experience. They do not have Similarly, appellant’s charge that the offers of compromise
enough life experiences from which to draw upon in making sense allegedly made by the parents of the appellant to Amalia, and by
of what they see, hear, taste, smell and feel. Moreover, they have the appellant himself to Amalia’s husband should not have been
a limited vocabulary.45 The fact that Remelyn called appellant taken against him by the trial court, even if sustained, will not
“Buang” or crazy shows that he did something which she knew exculpate him. To be sure, the offer of compromise allegedly made
was not right or proper. By saying “iya kong lugos,” Remelyn by appellant to Amalia Loyola’s husband is hearsay evidence, and
clearly conveyed that he forced her to do something bad. With her of no probative value. It was only Amalia who testified as to the
limited comprehension, the child could not have a perfect way of alleged offer,46 and she was not a party to the conversation which
relating that she had been sexually abused. Finally, it must also allegedly transpired at the Hagonoy Municipal Jail. A witness can
be considered that there is no actual counterpart for the word only testify on facts which are based on his personal knowledge or
“rape” in Visayan parlance. perception.47 The offer of compromise allegedly made by the
Appellant’s charge that the trial court erred when it ruled that appellant’s parents to Amalia may have been the subject of
he fled arrest, even if correct, is not pivotal to his guilt. There are testimony48 of Amalia. However, following the principle of res
enough pieces of circumstantial evidence to convict him. Neither inter alios acta alteri nocere non debet,49 the actions of his parents
cannot prejudice the appellant, since he was not a party to the
_______________ said conversation, nor was it shown that he was privy to the offer
of compromise made by them to the mother of the victim. They
cannot be considered as evidence against appellant but we are not mere trivial details which could be forgotten by witnesses
reiterate that these errors are not enough to reverse the because of the passage of time. To make matters worse, the
conviction of the appellant. appellant’s testimony was, at times, contradicted by his own
Appellant’s defense hardly impresses. It is interesting to note witnesses. Particularly telling was the conflict between
that appellant and his witnesses claim that it was at around 5:00 appellant’s statement that Totong had already left his house on
p.m. when appellant carried the child Daylen toward her the night of 24 March 1997 and Totong and Catalina’s own
grandmother Catalina at the place where she was averments that Totong had stayed the night at appellant’s house.
gathering tuba. Mik testified that it was around 4:00 p.m. when These contradictory testimonies only made more incredulous
he saw appellant carrying Remelyn toward the ipilipil grove. appellant’s tale.
We now review the penalty of death imposed upon appellant.
Given the 130meter distance between the ipilipil grove and the
In the case at bar, the Information states that appellant, “by
houses of appellant and of Amalia Loyola, appellant could have
means of force and intimidation . . . willfully, unlawfully and
easily taken Remelyn from her house, raped her at the ipil feloniously (had) carnal knowledge with Remelyn Loyola,
ipil grove, and left her there, all in a matter of a few minutes. a minor, against her will to her damage and
Sometime past 4:00 p.m., he could then have returned to his
prejudice.”50 (emphasis ours)The Information did not allege that
house, and together with Alex Loyola, proceeded to the
Remelyn was below seven years old when she was violated.
COMELEC office to register, and did all the subsequent acts he
Appellant was therefore charged with simple rape, under Section
claims to have done.
335 of the Revised Penal Code, as amended by Republic Act No.
7659 (the Death Penalty Law). Upon its passage, R.A. No. 7659
_______________
introduced seven new attendant circumstances, which when
present, will transform the crime to qualified rape, punishable by
46
Id., at p. 20.
death. We again stress that these new attendant circumstances
47
Section 36, Rule 130, Revised Rules of Court.
must be properly pleaded in the information to justify the
48
TSN, 25 January 1998, p. 19.
imposition of the death penalty. The facts stated in the body of
49
As codified in Section 28, Rule 130, Revised Rules of Court.
the information determine the crime for which the accused stands
533
charged and for which he must be tried. 51The main purpose of
VOL. 423, FEBRUARY 23, 2004 533 requiring all the elements of a crime to be set out in the
People vs. Gaudia information is to enable the accused to suitably prepare his
The Court also notes the inconsistencies in the testimonies of defense. It would be a denial of the right of the accused to be
Catalina and Loyola. The discrepancies in the witnesses’ informed of the charges against him and, consequently, a denial
narration as to the time of arrival of appellant at the place where of due process, if he is charged with simple rape and be convicted
Catalina was gathering tuba, his time of arrival at his own house, of its qualified form punishable with death, although the
and the time when Loyola and appellant actually parted ways, attendant circumstance qualifying the offense and resulting in
capital punishment was not alleged in the indictment on which he crime of simple rape, and is sentenced to suffer the penalty
was arraigned.52 of reclusion perpetua. He is ordered to pay to complainant
Remelyn Loyola the amounts of P50,000.00 as civil indemnity ex
_______________
delicto,P50,000.00 as moral damages, and P25,000.00 as
50
Original Records, p. 2. Emphasis ours. exemplary damages. Costs against the appellant.
51
People vs. Lim San, 17 Phil. 273 (1910).
52
People vs. David Garcia, 281 SCRA 463 (1997).
534
534 SUPREME COURT REPORTS ANNOTATED
People vs. Gaudia
We now review the damages awarded by the trial court. Time and
again, we have ruled that when there is a finding that rape had
been committed, the award of civil indemnity ex delicto is
mandatory.53 If the death penalty has been imposed, the
indemnity should be P75,000.00; otherwise the victim is entitled
to P50,000.00 for each count of rape. 54Thus, the appellant is
ordered to pay the amount of P50,000.00 as civil indemnity to
Remelyn Loyola.55 VOL. 470, SEPTEMBER 20, 2005 373
We affirm the award of moral damages. This is automatically Doldol vs. People
awarded in rape cases without need of further proof other than G.R. No. 164481. September 20, 2005.*
the commission of the crime, as it is assumed that a rape victim
CONRADO C. DOLDOL, petitioner, vs. PEOPLE OF THE
has suffered moral injuries entitling her to such an award.56
PHILIPPINES and THE HONORABLE COURT OF APPEALS,
We also find the award of exemplary damages made by the
respondents.
lower court in favor of complainant as proper because
Criminal Law; Malversation; Evidence; Admissions; Partial
complainant has been correctly granted moral damages and the
offense against her was committed with the aggravating restitution of the cash shortage is an implied admission of
circumstance57 of age. However, the amount awarded must be misappropriation of the missing funds.—Except for his bare
reduced to P25,000.00 in line with prevailing jurisprudence.58 testimony, the petitioner offered no competent and credible
WHEREFORE, the judgment of conviction of the Regional evidence to prove that the missing funds were actually cash
Trial Court, Branch 19, of Digos, Davao del Sur in Criminal Case advances of employees in the municipality. The petitioner could
No. 213(97) is hereby MODIFIED. Appellant is found guilty of the have offered in evidence the documents evidencing the names of
the recipients and amounts of the cash advances, but failed to do Urbiztondo, Pangasinan. The audit covered the General Fund,
so. Moreover, the petitioner wrote Special Education Fund and Trust Fund in his custody for the
period of November 30, 1994 to June 8, 1995. Doldol and the
_______________ Municipal Accountant were present during the audit. The State
Auditors discovered that Doldol had a shortage of P801,933.26.
*
SECOND DIVISION. They also noted that on June 5, 1995, he made cash withdrawals
374 from the municipality’s deposit account with the Land Bank of
3 SUPREME COURT REPORTS ANNOTATED the Philippines (LBP) amounting to P360,000.59. The
74 withdrawal, purportedly for salaries, wages, allowances and mid
Doldol vs. People year bonuses of municipal officers and employees, had not been
the Provincial Auditor and offered to refund the missing recorded in the General Fund Cashbook as of June 8, 1995. The
funds as follows: P200,000.00 on September 15, 1995, State Auditors also noted that Doldol made adjustments in the
P200,000.00 on or before October 31, 1995, and P884,139.66 on said cashbook on June 8, 1995, increasing his P801,933.26
November 30, 1995. He was able to pay only P200,000.00 on shortage to P1,134,421.54.
September 15, 1995, and failed to remit the balance of his
shortage. Such partial restitution of the petitioners of the cash _______________
shortage is an implied admission of misappropriation of the 1
Exhibit “A.”
missing funds.
375
PETITION for review on certiorari of a decision of the Court of VOL. 470, SEPTEMBER 20, 2005 375
Appeals. Doldol vs. People
In a Letter dated July 5, 1995, the State Auditors demanded the
2
The facts are stated in the opinion of the Court. immediate refund of the said amount, and for Doldol to submit
Villamor A. Tolete for petitioner. within 72 hours a written explanation on the said shortage.
The Solicitor General for the People. Doldol failed to respond and was, thereafter, relieved of his
duties. On July 20, 1995, he was directed to transfer the account
CALLEJO, SR., J.: to Assistant Municipal Treasurer Loida Cancino.
The State Auditors then conducted another audit of the said
Conformably to the Memorandum1 dated April 6, 1995 of the account, this time covering the period of June 8, 1995 to July 19,
Provincial Auditor, a team of State Auditors led by State Auditor 1995. They discovered that Doldol incurred an added cash
Emilie S. Ritua, with State Auditors Lydia Naoe and Beverly T. shortage of P149,905.92. In a Letter to Doldol dated July 27,
Cruz as members, conducted an audit of the cash and cash 1995, the State Auditors demanded the immediate restitution of
account of Conrado C. Doldol, the Municipal Treasurer of the missing fund, and directed him to submit within 72 hours a
written explanation why he incurred such shortage. Again, Doldol “That on or about June 8, 1995, or sometime prior or subsequent
failed to respond. The State Auditors submitted their Report to thereto, in Urbiztondo, Pangasinan, Philippines and within the
the Provincial Auditor on their examinations showing his jurisdiction of this Honorable Court, CONRADO C. DOLDOL, a
shortages. On August 3, 1995, the State Auditors submitted their public officer, being then the Municipal Treasurer, Municipality
Memorandum on the result of the audits to the Provincial of Urbiztondo, Pangasinan, and as such accountable for public
Auditor. funds received and/or entrusted to him by reason of his office,
On the same day, Doldol wrote the Provincial Treasurer acting in relation of his office and taking advantage of the same,
requesting that a reaudit be conducted on his cash and cash did then and there wilfully, unlawfully and feloniously, use and
account, taking exception to the findings of the State Auditors. benefit the amount of ONE MILLION ONE HUNDRED THIRTY
Instead of pursuing his request for a reaudit, Doldol opted to FOUR THOUSAND FOUR HUNDRED TWENTYONE PESOS
refund the missing funds. On September 15, 1995, he remitted and 54/100 (P1,134,421.54) from such public funds received by
P200,000.00 to the Acting Municipal Treasurer for which he was him by reason of his office, to the damage of the government in
issued Official Receipt No. 436756. Doldol promised to pay the the amount aforestated.
balance of his shortage, as follows: P200,000.00 on October 31, CONTRARY TO LAW.”3
1995, and P884,139.66 on or before November 30, 1995. However, The second Information, docketed as Criminal Case No. SCC
he reneged on his promise. 2763, reads:
On February 6, 1996, the Provincial Auditor transmitted the “That sometime between June 8, 1995 and July 19, 1995 or
Memorandum and Consolidated Report of the State Auditors to sometime prior or subsequent thereto, in Urbiztondo,
the Ombudsman, and requested that Doldol be Pangasinan, Philippines and within the jurisdiction of this
Honorable Court, CONRADO C. DOLDOL, a public officer, being
_______________ then the Municipal Treasurer, Municipality of Urbiztondo,
Pangasinan, and as such accountable for public funds received
2
Exhibit “E.” and/or entrusted to him by reason of his office, acting in relation
376 of his office and taking advantage of the same, did then and there
376 SUPREME COURT REPORTS ANNOTATED wilfully, unlawfully and feloniously, take, misappropriate and
Doldol vs. People convert to his personal use and benefit the amount of ONE
charged for malversation of public funds. Despite the extensions HUNDRED FORTYNINE THOUSAND NINE HUNDRED FIVE
given to him, Doldol failed to file his counteraffidavit. PESOS and 92/100 (P149,905.92) from such public funds received
Two informations for malversation of public funds were then by him by reason of his office, to the damage of the government in
filed against Doldol in the Regional Trial Court (RTC) of San the amount aforestated.
Carlos City. The first Information, docketed as Criminal Case No.
SCC2760, reads: _______________
3
Rollo, pp. 5455. imposed upon him which includes perpetual absolute
377 disqualification (Art. 41, Rev. Penal Code) and to pay the costs.
VOL. 470, SEPTEMBER 20, 2005 377 SO ORDERED.”5
Doldol vs. People On appeal to the Court of Appeals (CA), Doldol alleged:
CONTRARY TO LAW.”4
Doldol testified that the funds which the State Auditors found 1. 1.That the trial court erred in rejecting the defenses put
missing were, in fact, cash advances availed of by the municipal up by the accused as follows:
employees. He insisted that not a single centavo was used for his
personal benefit. He averred that the charges lodged against him _______________
were premature because the same were based on an incomplete
audit. 4
Id., at pp. 5758.
In a Joint Decision, the trial court convicted the accused of the 5
Rollo, pp. 8788.
crimes charged. The fallo of the decision reads: 378
“WHEREFORE, premises considered, the accused Conrado Doldol 378 SUPREME COURT REPORTS ANNOTATED
is hereby found guilty beyond reasonable doubt of the crime of Doldol vs. People
Malversation of Public Funds in Criminal Case No. SCC2760 and
in Criminal Case No. SCC2763, as defined and penalized by Art. 1. a.The evidence shows that the audits were not yet
217 of the Revised Penal Code. In both cases, the amount involved completed when the letters of demand were served upon
is more than P22,000.00, as such the penalty to be imposed him to produce the alleged missing funds.
is reclusion temporal in its maximum period to reclusion perpetua.
Considering that the accused surrendered to the police in 2. b.He was not given the chance to further verify the
Urbiztondo, Pangasinan (See Exh. “4”) and being entitled to the records despite his request to that effect.
provision of [the] Indeterminate Sentence Law, he is hereby
sentenced to suffer an indeterminate penalty of 10 years, 1 day 3. c.There is no evidence that he took the money from the
of prision mayor as minimum to 18 years, 8 months of reclusion vault or brought it home.
temporal as maximum in each of the two cases. Further, he is
ordered to pay the amount of P1,134,421.54 in Criminal Case No. d.The missing funds, if any, were cash advances of certain
SCC2760 and another amount of P149,905.92 in Criminal Case municipal employees.
No. SCC2763 minus, of course, his advance payment of
P200,187.80. In addition, he should be made to suffer the 4. e.His having borrowed money from the bank negates the
accessory penalties corresponding to the principal penalty charge of misappropriation of public funds.
1. 2.That the trial court erred in convicting the accused 7
Rollo, p. 15.
based on the testimonies of the auditors and the 379
documentary evidence adduced by them. VOL. 470, SEPTEMBER 20, 2005 379
Doldol vs. People
2. 3.That the trial court erred in sentencing the accused to deposits of the municipality. The petitioner insists that the State
suffer the penalties imposed by the assailed joint Auditors did not submit any bank reconciliation statement. The
decision.6 petitioner argues that he was never given a chance to explain and
point out that he did not incur any shortage of public funds, and
On February 11, 2001, the CA rendered judgment affirming the that the charges against him should be dismissed. To bolster his
appealed decision, and, likewise, denied Doldol’s motion for claim, he cites the ruling of this Court in Dumagat v.
reconsideration thereof. Sandiganbayan8 and Section 560 of the Manual of Instructions to
Doldol, now the petitioner, forthwith filed the present petition Treasurers and Auditors and other Guidelines to bolster his
for review on certiorari, faulting the CA as follows: claim.
The petitioner asserts that the prosecution failed to prove that
1. 1.In affirming the joint decision of the Regional Trial the public funds were for his personal use. In fact, the petitioner
Court, Branch 56, San Carlos City, Pangasinan in Crim. insists, the evidence shows that the alleged missing funds were
Case Nos. SCC2760 and SCC2763; unliquidated cash advances of employees. Hence, the petitioner
concludes, the prima faciepresumption under the last paragraph
2. 2.In convicting the accusedpetitioner on the basis of an of Article 217 of the Revised Penal Code does not apply.
erroneous and incomplete audit; In its comment on the petition, the Office of the Solicitor
General (OSG) asserts that the issues raised by the petitioner are
3. 3.In not dismissing the cases against the accused factual and, under Rule 45 of the Rules of Court, only questions of
petitioner.7 law may be raised. The OSG posits that the findings of facts of
the trial court, as affirmed by the CA, are conclusive on this
The petitioner reiterates his arguments that the audit of his Court, absent a showing that the trial court ignored,
accountabilities had not been completed because the State misconstrued or misunderstood cogent facts and circumstances
Auditors had yet to conduct a verification of their initial findings which, if considered, would change the outcome of the case. The
based on the cashbook and a reconciliation of the bank OSG maintains that the prosecution adduced proof beyond
reasonable doubt that the petitioner malversed the public funds
_______________ subject of the two Informations. Moreover, the petitioner’s
contention that the charges against him were premature, because
6
Id., at p. 64. the audit of his accountabilities had not yet been completed and
he was not given a chance to explain the whereabouts of the ‘discovered’ if only the auditor took into consideration the
subject funds before the said charges were filed, is belied by the contents of the two vaults in Sindangan and Tampisilan and the
fact that he even made a partial restitution of the public funds. fact that her collection in Dipolog City were deposited with the
The OSG notes that as found by the trial court, the petitioner NFA cashier.” In the instant case, there was sufficient compliance
even failed to specify the with the Manual of Instructions to Treasurers and Auditors as
the two (2) auditing teams had completed their examination and,
_______________ thereafter, required herein petitioner to produce or explain the
shortages of funds in his custody. Notwithstanding the demand
8
G.R. No. 96915, 3 July 1992, 211 SCRA 171. for him to explain the shortages, petitioner totally disregarded
380 the same and further failed to produce upon demand the missing
380 SUPREME COURT REPORTS ANNOTATED funds amounting to P1,134,421.54 and P149,905.92. There was,
Doldol vs. People thus, nothing left for the team of auditors to do in the instant
names of the employees who were granted cash advances and the case. If at all, State Auditor Ritua requested for the return of
accounts of the said advances. It further avers that the ruling of petitioner’s cashbook and passbooks merely to reconcile and
this Court in Dumagat v. Sandiganbayan9does not apply because: confirm the correctness of their findings.10
In his vain attempt to exculpate himself from criminal liability, The petition has no merit.
petitioner invokes the doctrine established in Dumagat vs. Sandi
_______________
ganbayan, et al., [211 SCRA 171, 177 (1992)], wherein this
Honorable Court acquitted the accused of the crime of 9
Ibid.
malversation of public funds, holding that “[s]ince the audit 10
Rollo, pp. 139140.
examination left much to be desired in terms of thoroughness and
381
completeness as there were accounts which were not considered,
the same cannot be made the basis for holding petitioner liable for VOL. 470, SEPTEMBER 20, 2005 381
malversation.” Doldol vs. People
It is submitted that the ruling in Dumagat vs. The evidence on record shows that the team of State Auditors
conducted its first audit of cash and cash accounts of the General
Sandiganbayan(supra) is not applicable to the instant case as the
Fund, Special Education Fund and Trust Fund in the custody of
two cases are based on different factual circumstances.
the petitioner, and discovered that he had a shortage of
In the first place, in Dumagat vs. Sandiganbayan (supra, at p. P1,134,421.54.11
178), there was a finding that the “haphazard examination of the In a Letter12 dated July 5, 1995, the State Auditors demanded
cash accountability of petitioner” was made by the auditor “in that the petitioner immediately produce the missing funds. He
violation of the Manual of Instructions to Treasurers and was also required to submit within 72 hours a written
Auditors” and that “the ‘missing’ funds would have been explanation why the shortage occurred. In the meantime, the
State Auditors conducted another audit of the cash and cash was not barred from examining and receiving the same,
accounts of the petitioner during the period of June 8, 1995 to preparatory to the submission of his explanation to the State
July 19, 1995, and he was found to have a shortage of Auditors’ demandletters. Indeed, the petitioner was even able to
P149,905.92. The petitioner was informed of the results of the write the Provincial Treasurer on August 3, 1995, and requested
audit in a Letter dated July 27, 1995, where he was directed to his objection to such findings. The following findings and
refund his shortage of P149,905.92 and to submit a written ratiocination of the CA, as supported by the evidence on record,
explanation thereon within 72 hours.13 However, the petitioner negate the submission of the petitioner:
failed to respond to such demand, and failed to object to the . . . [T]he records at the depository banks confirmed the
findings and conclusions of the State Auditors. It bears stressing correctness of the COA’s findings that there were, indeed,
that the petitioner was present during the said audit. shortages in the funds under appellant’s control, thus, rendering
While it is true that the petitioner requested for a reaudit on appellant’s request for a reaudit as a mere superfluous and
August 3, 1995 and objected to some of the findings of the audit redundant procedure (TSN, Amando T. Sison; Emelie
team, he addressed the letterrequest to the Provincial Treasurer, Ritua, supra).
and not to the Provincial Auditor of Pangasinan. We note that Appellant’s contention that he was not given the chance to
while the Provincial Auditor had already signed the Transmittal verify the records under audit despite a request to that effect
Letter dated August 3, 1995 on the State Auditor’s Report and deserves scant consideration. The records show that appellant
request for the petitioner’s prosecution for malversation of public was twice afforded ample opportunity to replenish the funds or
funds, it was filed only on February 6, 1996. In the meantime, the explain the reason for its disappearance. Verily, this could have
Provincial Auditor never received any letter from the petitioner been the perfect opportunity for the appellant to verify the
requesting for a reaudit of his account. records and provide an acceptable reason behind the shortages in
the municipal funds under his custody. Appellant, however, on
_______________ both instances failed to reply to the demands given by the COA.
For having refused “to face the music,” so to speak, and
11
Exhibit “F.” disregarded the demands sent by the COA, appellant has only
12
Exhibit “E.” himself to blame if he has lost any opportunity to further verify
13
Ibid. the financial records of the municipality.14
382 The record of the Ombudsman shows that the petitioner was
382 SUPREME COURT REPORTS ANNOTATED required to submit his counteraffidavit, but requested for time to
Doldol vs. People do so, on his representation that his request to the Commission
Admittedly, State Auditor Ritua conducted an audit of the on Audit for a reaudit was still pending. It turned out that the
General Fund, the Special Education Fund and Trust Fund petitioner made no such request. Moreover, the petitioner failed
Passbook, and the LBP and DBP Passbooks on July 11, 1995 for to submit his counteraffidavit to the Ombudsman. Thus, the
verification and reconciliation purposes. However, the petitioner petitioner’s submission that the
_______________ Evidence, We hold that said payment, particularly when taken in
conjunction with appellant’s commitment to gradually pay the
Rollo, pp. 3839.
14
remainder of the missing funds, is a clear offer of compromise
383 which must be treated as an implied admission of appellant’s
VOL. 470, SEPTEMBER 20, 2005 383 guilt that he embezzled or converted the missing funds to his
Doldol vs. People personal use.15
audit of his account had not been completed before the report of
the State Auditors was referred to the Ombudsman is not correct. _______________
Except for his bare testimony, the petitioner offered no
competent and credible evidence to prove that the missing funds Rollo, p. 40.
15
_______________
10
Gonzales vs. Court of Appeals, 268 SCRA 322 (1998).
*
THIRD DIVISION.
420
4 SUPREME COURT REPORTS ANNOTATED
20
Ladiana vs. People
custodial investigations. Indeed, the rights enumerated in
the constitutional provision “exist only in custodial interrogations,
or incustody interrogation of accused persons.”
Same; Same; Same; Same; Definition.—Custodial
interrogationis the questioning initiated by law enforcement
officers after a person has been taken into custody or otherwise
deprived of his freedom of action in any significant way.
Same; Same; Same; Same; Distinguished from Preliminary
Investigation; Definition.—A preliminary investigation is an
inquiry or a proceeding to determine whether there is sufficient
VOL. 393, DECEMBER 4, 2002 419
ground to engender a wellfounded belief that a crime has been
Ladiana vs. People committed, and that the respondent is probably guilty thereof and
G.R. No. 144293. December 4, 2002.* should be held for trial.
JOSUE R. LADIANA, petitioner, vs. PEOPLE OF THE Same; Same; Same; Same; Same; The Court has
PHILIPPINES, respondent. unequivocally declared that a defendant on trial or under
Criminal Law; Homicide; Rights of the Accused; Custodial preliminary investigation is not under custodial interrogation.—
Investigations; ExtraJudicial Confessions or Admissions; Indeed, Evidently, a person undergoing preliminary investigation before
the public prosecutor cannot be considered as being under of Rule 130 of the Revised Rules on Evidence distinguish one from
custodial investigation. In fact, this Court has unequivocally the other as follows: “SEC. 26. Admissions of a party.—The act,
declared that a defendant on trial or under preliminary declaration or omission of a party as to a relevant fact may be
investigation is not under custodial interrogation. It explained as given in evidence against him. “SEC. 33. Confession.—The
follows: “His [accused] interrogation by the police, if any there declaration of an accused acknowledging his guilt of the offense
had been would already have been ended at the time of the filing charged, or of any offense necessarily included therein, may be
of the criminal case in court (or the public prosecutor’s office). given in evidence against him.” In a confession, there is an
Hence, with respect to a defendant in a criminal case already acknowledgment of guilt; in an admission, there is merely a
pending in court (or the public prosecutor’s office), there is no statement of fact not directly involving an acknowledgment of
occasion to speak of his right while under ‘custodial interrogation’
guilt or of the criminal intent to commit the offense with which one
laid down by the second and subsequent sentences of Section 20,
is charged.
Article IV of the 1973 Constitution [now Section 12, Article III of
Same; Same; Same; Admissions; In general, admissions may
the 1987 Constitution], for the obvious reason that he is no longer
under ‘custodial interrogation.’” be rebutted by confessing their untruth or by showing they were
Same; Same; Same; The accused—whether in court or made by mistake.—In general, admissions may be rebutted by
undergoing preliminary investigation before the public prosecutor confessing their untruth or by showing they were made by
mistake. The party may also establish that the response that
—unquestionably possess rights that must be safeguarded.—The
formed the admission was made in a jocular, not a serious,
accused—whether in court or undergoing preliminary
manner; or that the admission was made in ignorance of the true
investigation before the public prosecutor—unquestionably
state of facts. Yet, petitioner never offered any rationalization
possess rights that must be safeguarded. These include: 1) the
why such admissions had been made, thus, leaving them
right to refuse to be made witnesses; 2) the right not to have any
unrebutted. In addition, admissions made under oath, as in the
prejudice whatsoever imputed to them by such refusal; 3) the
case at bar, are evidence of great weight against the declarant.
right to testify on their own behalf, subject to crossexamination
They throw on him the burden of showing a mistake.
by the prosecution; and 4) while testifying, the right to refuse to
Same; Same; Justifying Circumstances; SelfDefense; It is
answer a specific question that tends to incriminate them for
some crime other than that for which they are being prosecuted. hornbook doctrine that selfdefense must be proved with certainty
421 by sufficient, satisfactory and convincing evidence that excludes
VOL. 393, DECEMBER 4, 2002 421 any vestige of criminal aggression on the part of the person
Ladiana vs. People invoking it.—It is hornbook doctrine that selfdefense must be
Same; Same; Evidence; Admissions Distinguished from proved with certainty by sufficient, satisfactory and convincing
Confessions; Sections 26 and 33 of Rule 130 of the Revised Rules evidence that excludes any vestige of criminal aggression on the
part of the person invoking it. It cannot be entertained if it is
on Evidence distinguish one from the other.—Sections 26 and 33
uncorroborated by any separate and competent evidence, and it is competent and independent counsel during
also doubtful. The question whether the accused acted in self a custodial investigation. However, a counteraffidavit voluntarily
defense is essentially a question of fact properly evaluated by the presented by the accused during the preliminary investigation,
lower court; in this case, the Sandiganbayan. even if made without the assistance of counsel, may be used as
Same; Same; Mitigating Circumstances; Voluntary evidence against the affiant.
Surrender; Elements.—For voluntary surrender to mitigate The Case
criminal liability, the following elements must concur: 1) the Before us is a Petition for Review under Rule 45 of the Rules of
offender has not been actually arrested, 2) the offender Court, assailing the April 10, 2000 Decision1 and August 4, 2000
surrenders himself to a person in authority or to the latter’s Resolution2 of the Sandiganbayan (First Division) in Criminal
agent, and 3) the surrender is voluntary. To be sufficient, the Case No. 16988. The dispositive portion of the assailed Decision
surrender must be spontaneous and made in a manner clearly reads as follows:
indicating the intent of the accused to surrender unconditionally, “WHEREFORE, judgment is hereby rendered finding accused
either because they JOSUE R. LADIANA GUILTY beyond reasonable doubt of the
422 crime of homicide and, in the absence of any modifying
4 SUPREME COURT REPORTS ANNOTATED circumstance, sentencing the said accused to: (a) suffer an
22 indeterminate sentence of imprisonment of ten (10) years
Ladiana vs. People of prision mayor, as minimum, to seventeen (17) years and four
acknowledge their guilt or wish to save the authorities the (4) months of reclusion temporal, as maximum[;] (b) suffer all the
trouble and the expense that will necessarily be incurred in
searching for and capturing them. _______________
PETITION for review on certiorari of the decision and resolution 1
Annex “A” of the Petition; Rollo, pp. 7185. Penned by Justice
of the Sandiganbayan. Gregory S. Ong with the concurrence of Justices Francis E.
Garchitorena (then Division chairman and presiding justice) and
The facts are stated in the opinion of the Court. Catalino R. Castañeda, Jr. (member).
Jose A. Almo and Angel R. Purisima III for petitioner. 2
Annex “C” of the Petition; id., pp. 93101.
The Solicitor General for the People. 423
VOL. 393, DECEMBER 4, 2002 423
PANGANIBAN, J.: Ladiana vs. People
appropriate accessory penalties consequent thereto; (c) indemnify
The Constitution bars the admission in evidence of any statement the heirs of the victim, Francisco San Juan, in the total amount of
extracted by the police from the accused without the assistance of
Fifty Six Thousand Five Hundred Pesos (P56,500.00); and (d) pay that the latter has no business in stopping him, said accused who
the costs.”3 was armed with a firearm, with intent to kill and with treachery,
The assailed Resolution denied petitioner’s Motion for did then and there willfully, unlawfully and feloniously attack
Reconsideration. and sho[o]t Fran
Petitioner was originally charged with murder before
the Sandiganbayan in an Information4 dated August 5, 1991. _______________
However, the antigraft court issued an Order 5 dated October 14,
1991, noting that “besides the allegation that the crime was
3
Sandiganbayan Decision, p. 13; id., p. 84.
allegedly committed by the accused while he was ‘taking
4
Records, pp. 12.
advantage of his official position,’ nothing else is in the 5
Id., p. 56.
Information to indicate this fact so that, as the Information 6
Id., pp. 8889. This was signed by Special Prosecution Officer
stands, nothing except a conclusion of fact exists to vest Fidel D. Galindez and approved by then Ombudsman Conrado M.
jurisdiction [in] this Court over the accused and over the crime for Vasquez.
which he is charged.” 424
Further, the Order gave the government sufficient time to 424 SUPREME COURT REPORTS ANNOTATED
amend the Information to show adequate facts to vest
Ladiana vs. People
the Sandiganbayan with jurisdiction over the case. Subsequently, cisco San Juan with the firearm hitting Francisco San Juan at his
an Amended Information,6 still charging petitioner with murder, head and neck inflicting upon him fatal wounds thereby causing
was filed on April 1, 1992. The accusatory portion reads as the death of Francisco San Juan.”7
follows: During his arraignment on May 8, 1992, petitioner, assisted by
“That on or about the 29th day of December 1989, in the
his counsel de parte,8 pled not guilty.9 After due trial,
Municipality of Lumban, Laguna, Philippines, and within the
the Sandiganbayan found him guilty of homicide, not murder.
jurisdiction of this Honorable Court, the abovenamed accused, a
public officer, being then a member of the Integrated National The Facts
Police (INP now PNP) assigned at the Lumban Police Station, In their Memoranda, both the prosecution and the defense
Lumban, Laguna, acting in relation to his duty which is primarily substantially relied upon the Sandiganbayan’s narration of the
to enforce peace and order within his jurisdiction, taking facts as follows:
advantage of his official position confronted Francisco San Juan “The prosecution presented five (5) witnesses, namely: Caridad M.
why the latter was removing the steel pipes which were San Juan, PO2 Leopoldo Cacalda, Dr. Rogelio M. Javan, SPO2
previously placed to serve as barricade to prevent the entry of Percival A. Gabinete, and Maria T. Cortez. Their respective
vehicles along P. Jacinto Street, Barangay Salac, Lumban, testimonies, in essence are as follows, to wit:
Laguna, purposely to insure the safety of persons passing along “1. CARIDAD MARGALLO SAN JUAN (hereinafter,
the said street and when Francisco San Juan told the accused ‘Caridad’) declared that she is the wife of Francisco San Juan
(hereinafter ‘Francisco’), the victim in the case at bar. Caridad before police investigator PFC Virgilio Halili (hereinafter,
testified that Francisco was the Barangay Captain of Barangay ‘Halili’).
Salac, Lumban, Laguna, until he was shot and killed by accused “Additionally, Caridad presented the Death Certificate of her
Ladiana, who happens to be also a distant relative of the husband and testified that he was eventually buried at the
decedent. Lumban Cemetery. She declared that she had incurred about
“Caridad recounted that, on December 29, 1989, she was in Twenty Thousand Pesos (P20,000.00) for the funeral, burial and
her house when an unidentified woman came and told her that other incidental expenses by reason of the death of Francisco.
her husband was killed by accused Ladiana. She immediately “On crossexamination, Caridad testified that, on December
called up her sisterinlaw before rushing to Jacinto Street where 29, 1989, she was in her house and that she did not hear any
the gruesome incident allegedly transpired. Thereat, many people gunshot between 10:30 and 11:00 o’clock a.m. Caridad also
were milling around, and Caridad saw the lifeless body of admitted she did not witness the killing of her husband.
Francisco lying in the middle of the road and being examined by “On questions propounded by the Court, Caridad narrated
[SPO2] Percival A. Gabinete. that her husband suffered two gunshot wounds—one on the upper
“Caridad recalled that it was around 11:00 o’clock a.m. when right temple and the other on the left cheek. However, Caridad
she reached the place of the subject incident. At that point in stated that she was told that the wounds were the entry and the
time, she was not even allowed by the police to touch, much less exit points. She also told the Court that her husband was wearing
get near to, the cadaver of Francisco. Caridad, expectedly, was short pants at the time of his death and that she found some
crying and one of her aunts advised her to go home. bruises on his knees.
“Finally, Caridad recalled that, on the date of the incident, her
_______________ husband was with his close friend, a certain Rodolfo Cabrera, and
some other persons, and that they went to Jacinto Street to repair
7
Amended Information, p. 1; id., p. 88. the steel humps which were used to block the street during school
8
Atty. Balagtas P. Ilagan. days for the protection and safety of the school children.
9
See Certificate of Arraignment; Records, p. 100. “2. PO2 LEOPOLDO DE RAMOS CACALDA, JR. (hereinafter,
425 ‘CACALDA’) declared that he is a policeman assigned at the
VOL. 393, DECEMBER 4, 2002 425 Lumban Police Station in Lumban, Laguna. He has been
designated as the radio operator of the station since 1989.
Ladiana vs. People
“Cacalda recounted that, on December 29, 1989, at around
“Caridad maintained that she was aware that her husband was
11:00 o’clock a.m., somebody, whose name he could no longer
killed by accused Ladiana because this was what the woman
recall, reported to him about an existing trouble along Jacinto
actually told her. Moreover, accused Ladiana had given himself
Street in Barangay Salac. Cacalda responded by going to the
up to the police authorities.
scene, where he was accompanied by Alberto Mercado, a member
“Caridad went on to narrate that, on December 30, 1989, she
of the CAGFIL. Thereat, Cacalda saw the lifeless body of
was at the police station, where she gave her written statement
Francisco lying face up on the road. Cacalda did not examine the “Javan recounted that he was the one who performed the
body of Francisco. He left the place of the incident when [SPO2] necropsy on the cadaver of Francisco and that he had prepared
Percival A. Gabinete and other policemen subsequently arrived. the corresponding reports and/or documents relating thereto.
“Cacalda had gathered from the people milling around the Javan made a sketch representing the anterior and posterior
body of Francisco that it was accused Ladiana who shot and killed views of the body of Francisco, and labeled and placed red
Francisco. markings on the gunshot wounds found on the said cadaver. The
426 marking ‘Gunshot wound A’ is the point of entry, which is one (1)
426 SUPREME COURT REPORTS ANNOTATED centimeter in diameter and situated two (2) inches behind the left
Ladiana vs. People ear. The marking ‘Gunshot wound B’ is the point of exit of
Cacalda immediately left to look for accused Ladiana. However, ‘Gunshot wound A,’ which is two (2) centimeters in diameter and
he eventually saw accused Ladiana already inside the jail of the found above the right cheekbone and one (1) inch below the right
police station and thereafter learned that said accused had eye. Javan also testified that there is another gunshot wound and
surrendered to the police authority. the point of entry and exit are labeled as ‘Gunshot wound C’ and
“Cacalda recalled that he was later on investigated by Halili ‘Gunshot wound D,’ respectively. ‘Gunshot wound D’ is one and
because he was the responding policeman who went to the scene onehalf (11/2) centimeters in diameter and located at the left
of the incident. Consequently, Cacalda executed a written cheek, three and onehalf (31/2) centimeters below the left eye,
statement in relation to the subject incident. while ‘Gunshot wound C’ is one (1) centimeter in diameter and
“On crossexamination, Cacalda testified that he was a radio found at the right lateral aspect of the neck, at the level of the
operator and not an investigator of the police station. He also adam’s apple.
testified that he did not witness the incident subject matter of the “According to Javan, the assailant must be behind the victim
case at bar. when he inflicted ‘Gunshot wound A.’ As regards ‘Gunshot wound
“Cacalda went on to testify that the people milling around the C,’ the assailant likewise must be behind the victim, at a distance
place of the incident told him that accused Ladiana had already of more than twentyfour (24) inches away.
left. Because of this development, Cacalda proceeded to accused 427
Ladiana’a house but was told that he had already gone to the VOL. 393, DECEMBER 4, 2002 427
police station. Cacalda accordingly went to the police station Ladiana vs. People
where he saw accused Ladiana already locked inside the jail. He “Lastly, Javan testified that he was not able to retrieve any bullet
also saw a stab wound on accused Ladiana’s right bicep but he did during the examination. However, judging from the size of the
not anymore ask him how he sustained the said injury. wound and the point of entry, Javan opined that the firearm used
“3. DR. ROGELIO JAVAN y MAGRACIA (hereinafter, ‘Javan’) was probably a caliber 38.
declared that he is a physician and the Municipal Health Officer “On questions propounded by the Court, Javan testified that
of Lumban, Laguna. ‘Gunshot wound A’ could have been fired first because the
trajectory is on the same level so much so that the assailant and
the victim could have been both standing. Javan inferred that “After the presentation of Cortez, the prosecution filed its
‘Gunshot wound C’ could have been inflicted while the victim was formal offer of evidence and rested its case.
already falling down. Javan then stressed that both wounds are “On May 31, 1995, this Court issued a resolution admitting all
fatal in nature. the documentary evidence submitted by the prosecution.
“4. SPO2 PERCIVAL AMBROSIO GABINETE (hereinafter, 428
‘Gabinete’) declared that he is a police officer and a resident of No. 428 SUPREME COURT REPORTS ANNOTATED
4055 Villa Josefina Subdivision, Sta. Cruz, Laguna. Ladiana vs. People
“The testimony of Gabinete was subsequently dispensed with, “On August 20, 1996, accused Ladiana filed a Motion for Leave of
upon the admission of the defense that he was part of the group of Court to File Demurrer to Evidence dated August 16, 1995,
policemen who proceeded to the place of the subject incident and claiming that: (i) a review of the documentary and testimonial
that he found the body of Francisco lying along the road. evidence adduced by the prosecution allegedly failed to show that
Additionally, the defense admitted the existence of the receipt the accused is guilty of the offense charged; (ii) at best, the
issued by Funeraria de Mesa dated January 3, 1990 in the sum of evidence submitted by the prosecution are allegedly hearsay in
Six Thousand Five Hundred Pesos (P6,500.00). character, considering that the supposed eyewitness in the person
“5. MARIO TALAVERA CORTEZ (hereinafter, ‘Cortez’) of Rodolfo Cabrera was never presented in court; and (iii) the
declared that he is a retired Assistant Prosecutor of Laguna. prosecution was allegedly merely able to prove the fact of death of
“Prior to the conduct of the examinationinchief on Cortez, the the victim, but not the identity of the person who caused said
defense counsel made an admission as to the authorship, death.
authenticity, and voluntariness of the execution of the counter “On August 23, 1996, this Court issued an Order of even date
affidavit of accused Ladiana, which was subscribed and sworn to holding that the filing of a demurrer to evidence is no longer
before Cortez. In said counteraffidavit, accused Ladiana allegedly appropriate considering that accused Ladiana received a copy of
admitted to making the fatal shots on Francisco. However, this Court’s resolution dated May 31, 1995 on the admission of
accused Ladiana allegedly did so in selfdefense as Francisco was the prosecution’s documentary exhibits as early as May 25, 1995.
then purportedly attacking accused Ladiana and had, in fact, “On September 2, 1996, in view of his perception that the
already inflicted a stab wound on the arm of accused Ladiana. evidence submitted by the prosecution is allegedly inadequate to
“However, Cortez emphasized that he was not the one who sustain a conviction, accused Ladiana, through counsel, waived
conducted the preliminary investigation of the complaint which his right to present controverting evidence. Instead, he asked for
led to the filing of the subject case. Additionally, Cortez testified time to file a written memorandum. Thus, both parties were given
that he would not be able to anymore recognize the face of the time within which to do so, after which the case shall be deemed
affiant in the said counteraffidavit, but maintained that there submitted for resolution.
was a person who appeared and identified himself as Josue “Thereafter, this Court received on October 25, 1996 by mail
Ladiana before he affixed his signature on the counteraffidavit. the Memorandum for the defense. As for the prosecution, it opted
not to file any.”10 (Citations omitted)
Ruling of the Sandiganbayan prosecutor who had administered the oath on the
The Sandiganbayan ruled that the prosecution had been able to Counteraffidavit filed by petitioneraccused.
establish the guilt of petitioner beyond reasonable doubt. The
court a quo held that his CounterAffidavit,11 in which he had 2. “II.Whether or not the prosecution has presented proof
admitted to having fired the fatal shots that caused the victim’s beyond reasonable doubt to overcome the constitutional
death,12 may be used as evidence against him. It underscored the presumption of innocence of the accused and his right
admission made by the defense as to the authorship, the against selfincrimination on the basis of the Counter
authenticity and the voluntariness of the execution of the affidavit whose execution was admitted by the counsel of
CounterAffidavit.13 In short, it ruled that the document had the petitioner, but not by the accused personally.
sufficiently established his respon
3. “III.Whether or not the Counteraffidavit of the accused
_______________ petitioner which was considered by
the Sandiganbayan in its decision as similar to an
10
Sandiganbayan Decision, pp. 29; Rollo, pp. 7380. extrajudicial confession may [be] admitted against him
11
Exhibit “H”, prosecution’s exhibits folder. as evidenc[e] of guilt beyond reasonable doubt even if he
12
Sandiganbayan Decision, p. 10; Rollo, p. 81. was not assi[s]ted then by counsel and while he was
under custodial investigation.
13
Ibid.
429
VOL. 393, DECEMBER 4, 2002 429 4. “IV.Whether or not the Sandiganbayan is constitutionally
and legally correct in issuing the Order of August 23,
Ladiana vs. People
1996 denying the Motion for Leave of Court to File
sibility for the death of the victim. However, it found no evidence
Demurrer to Evidence dated August 16, 1995 filed by the
of treachery; thus, it convicted him of homicide only.14
accused in accordance with Sec. 15 of Rule 120 of the
Hence, this Petition.15
1985 Rules on Criminal Procedure in relation to Rule
Issues
XXI of the Revised Rules of Sandiganbayan.
In his Memorandum, petitioner raises the following issues for this
Court’s consideration:
_______________
the hearing to November 5, 1997 for the appellant to adduce his
388
evidence. When the case was called for trial on that date, his
388 SUPREME COURT REPORTS ANNOTATED
People vs. Ulit The appellant did not appeal from the decision in Criminal
as amended. He is hereby declare[d] CONVICTED in each of Cases Nos. 97387 and 97388. In view of the trial court’s
the cases. Accordingly he is sentenced to suffer the supreme imposition of the death penalty on the appellant in Criminal
penalty [of] DEATH in each of the two cases; and indemnify the Cases Nos. 97385 and 97386, the said cases were brought to this
victim LUCELLE SERRANO, in the amount of P50,000 as moral Court on automatic appeal.
damages for each of the cases; The appellant assails the decision of the trial court with the
lone assignment of error, to wit:
1. “2.In Criminal Case Nos. 97387 and 97388, for acts of THE TRIAL COURT ERRED IN SENTENCING THE ACCUSED
lasciviousness, the prosecution has proven beyond FELICIANO ULIT WITH A DEATH PENALTY DESPITE HIS
reasonable doubt the guilt of the accused, FELICIANO ADMISSION OF GUILT.20
ULIT Y TAMPOY, as principal in two counts of acts of
_______________
lasciviousness defined under Article 336 of the Revised
Penal Code and penalized under Section 5(b) of R.A. 18
Records, pp. 226227.
7610. He is hereby declared CONVICTED in each of the
two cases; and, accordingly, he is sentenced to suffer in
19
Annex “A”, Id., at p. 13.
each of the cases an indeterminate prison term from
20
Rollo, p. 65.
eight (8) years, eight (8) months and one (1) day 389
of prision mayor in its medium period, as minimum, to VOL. 423, FEBRUARY 23, 2004 389
fifteen (15) years, six (6) months and twenty (20) days People vs. Ulit
of reclusion temporal in its medium period, as maximum; The appellant does not contest his conviction for rape in Criminal
and, indemnify the victim, LUCELLE SERRANO, in the Cases Nos. 97385 and 97386, and the validity of the proceedings
amount of P20,000 as moral damages for each of the in the said cases in the trial court. He pleads, however, that he be
cases. spared the death penalty. He asserts that he was so remorseful
for the crimes he committed and that he pleaded guilty in
Criminal Cases Nos. 97385 and 97387; he no longer presented
“SO ORDERED.”18
any evidence in Criminal Case No. 97388 so that the proceedings
The trial court declared that even prescinding from the
before the court would be shortened and simplified. Nevertheless,
appellant’s plea of guilty, the prosecutor adduced proof beyond
reasonable doubt of the guilt of the appellant for qualified rape in the appeal in a criminal case is a review de novo and the court is
Criminal Cases Nos. 97385 and 97386. The trial court ruled that not limited to the assigned errors.21 An appeal thus opens the
although Lucelle did not testify on the contents of her sworn whole case for review, and the appellate tribunal may consider
statement19 the same were admissible in evidence as part of and correct errors though unassigned and even reverse the
decision of the trial court on the grounds other than those the
the res gestae.
parties raised as errors.22
Appellant’s Plea of Guilty in Criminal Case No. 97385 was People vs. Ulit
Imprudently Made.
In Criminal Case No. 97385, the appellant was charged with 1. 3.The court must require the prosecution to present
qualified rape, i.e., the rape of his niece, who was a minor, evidence in his behalf and allow him to do so if he
punishable by death under Article 335 of the Revised Penal Code, desires.24
as amended by Republic Act No. 7659. Undoubtedly, the
appellant was charged with a capital offense. When the appellant The raison d’etre for the rule is that the courts must proceed with
informed the trial court of his decision to change his plea of “not extreme care where the imposable penalty is death, considering
guilty” to “guilty,” it behooved the trial court to conduct a that the execution of such sentence is irrevocable. Experience has
searching inquiry into the voluntariness and full comprehension shown that even innocent persons have at times pleaded guilty.
of the consequences of his plea as mandated by Section 6, Rule Improvident pleas of guilty to a capital offense on the part of the
116 of the Revised Rules of Criminal Procedure. In People vs. accused must be averted since by admitting his guilt before the
Camay,23 this Court enumerated the following duties of the trial trial court, the accused would forfeit his life and liberty without
court under the rule: having fully understood the meaning, significance and the dire
consequences of his plea.25
1. 1.The court must conduct a searching inquiry into the There is no hard and fast rule as to how the trial judge may
voluntariness and full comprehension [by the accused] of conduct a searching inquiry. It has been held, however, that the
the consequences of his plea; focus of the inquiry must be on the voluntariness of the plea and
the full or complete comprehension by the accused of his plea of
2. 2.The court must require the prosecution to present guilty so that it can truly be said that it is based on a free and
evidence to prove the guilt of the accused and precise informed judgment. In People vs. Aranzado,26 we formulated the
degree of his culpability; and following guideline as to how the trial court may conduct its
searching inquiry:
_______________
1. (1)Ascertain from the accused himself (a) how he was
21
People v. Espejon, 377 SCRA 412 (2002); People v. brought into the custody of the law; (b) whether he had
Feliciano, 365 SCRA 613 (2001). the assistance of a competent counsel during the
custodial and preliminary investigations; and (c) under
22
People v. Lucero, 355 SCRA 93 (2001).
what conditions he was detained and interrogated
23
152 SCRA 401 (1987).
during the investigations. These the court shall do in
390
order to rule out the possibility that the accused has
390 SUPREME COURT REPORTS ANNOTATED
been coerced or placed under a state of duress either by
actual threats of physical harm coming from malevolent of the judge to see to it that the accused does not labor
or avenging quarters. under these mistaken impressions.
3. (3)Elicit information about the personality profile of the In People vs. Ostia,28 we held that the trial court is also required
accused, such as his age, socioeconomic status, and to probe thoroughly into the reasons or motivations, as well as the
educational background, which may serve as a facts and circumstances for a change of plea of the accused and
trustworthy index of his capacity to give a free and his comprehension of his plea; explain to him the elements of the
informed plea of guilty. crime for which he is charged as well as the nature and effect of
any modifying circumstances attendant to the commission of the
4. (4)Inform the accused the exact length of imprisonment or offense, inclusive of mitigating and aggravating circumstances, as
nature of the penalty under the law and the certainty well as the qualifying and special qualifying circumstances, and
that he will serve such sentence. Not infrequently indeed inform him of the imposable penalty and his civil liabilities for
an accused pleads guilty in the hope of a the crime for which he would plead guilty to.29
In this case, the trial court failed to make a searching inquiry
_______________ into the appellant’s voluntariness and full comprehension of his
plea of guilty. This is evident by the transcript of stenographic
24
Ibid. notes taken on November s 1998:
25
People v. Alborida, 359 SCRA 495 (2001). ATTY. MANALO
26
365 SCRA 649 (2001). Your Honor, at today’s reception of defense’ evidence,
391 accused informed this representation that he will no longer
VOL. 423, FEBRUARY 23, 2004 391 present evidence and instead willing to change his plea from not
guilty to that of guilty. This accused’s representation is therefore
People vs. Ulit
praying that he be allowed to change his plea from that of not
guilty to guilty.
1. lenient treatment or upon bad advice or because of
COURT
promises of the authorities or parties of a lighter penalty
You better confer with your client and explain to him the
should he admit guilt or express remorse. It is the duty
consequences of his intended change of plea from not guilty to
that of guilty.
ATTY. MANALO Do you know that you are accused here for the crime of
Yes, Your Honor. rape, a capital offense which carries with it a capital punishment?
ACCUSED
_______________ Yes, Your Honor.
COURT (to accused)
27
Id., at pp. 661662. Despite your knowledge that you are charged with a capital
28
G.R. No. 131804, February 26, 2003, 398 SCRA 132. offense which carries with it a capital penalty you still insists that
29
Id., at pp. 1415. you are pleading guilty?
392 ACCUSED
392 SUPREME COURT REPORTS ANNOTATED Yes, Your Honor.
COURT (to accused)
People vs. Ulit
Was there anyone who forced you to change your plea of not
COURT (to the accused)
guilty to that of guilty?
Is your counsel’s manifestation true, that you would like to
ACCUSED
change your plea from not guilty to that of guilty and that you are
None, Your Honor.
no longer presenting evidence in Criminal Cases Nos. 97386 and
COURT
97388?
(to accused)
ACCUSED
Do you know that by pleading guilty you will be sentenced
Yes, Your Honor.
in accordance with [what] the law provides?
COURT
393
(to the accused)
VOL. 423, FEBRUARY 23, 2004 393
You talk with your lawyer and think twice before asking
the court to change your plea of not guilty to that of guilty. The People vs. Ulit
Court will call your case again. . . . ACCUSED
COURT Yes, Your Honor.
(to the accused) COURT
Mr. Ulit, earlier your counsel informed the court that you (to accused)
would like to change your plea from not guilty to that of guilty, in Do you know that the penalty provided for by law is death
Criminal Case No. 97385, for rape and Criminal Case No. 97 penalty because the Information states that the victim is eleven
387, for Acts of Lasciviousness, do you affirm the manifestation of years old and your niece and that you used a deadly weapon in
your counsel? the commission of the rape?
ACCUSED ACCUSED
Yes, Your Honor. Yes, Your Honor. I am willing to plead guilty.
COURT (to accused) COURT
Alright, arraign the accused.30 394
First. The trial court did not ask the appellant his reasons for 394 SUPREME COURT REPORTS ANNOTATED
changing his plea, from not guilty to that of guilty, and the cogent People vs. Ulit
circumstances that led him to decide to do so. Fourth. The trial court failed to ask the appellant why he was
Second. It appears in the Informations filed by the Public pleading guilty to a rape committed in November 1996, when in
Prosecutor that the appellant opted not to avail himself of his his Sinumpaang Salaysay,31 he confessed to having raped the
right to a regular preliminary investigation and refused to victim only in February 1997 and March 2, 1997. The appellant
execute a waiver under Article 125 of the Revised Penal Code. did not admit having raped her in November 1996 as alleged in
The records also show that the appellant executed a Sinumpaang the Information in Criminal Case No. 97385. The trial court did
Salaysay while detained at the barangay hall where he confessed not even inquire from the appellant who prepared and typed
to having raped the victim in February 1997 and March 2, 1997. his Sinumpaang Salaysay and if the contents of his statement
However, the trial court did not ask the appellant whether he was were explained to him before he signed the same.
assisted by counsel when he was brought to the Office of the Fifth. The trial court did not explain the following to the
Public Prosecutor for inquest investigation. Neither did the appellant, in plain and simple terms so as to be understood by
court a quo inquire about the circumstances and the appellant’s him: (a) the elements of the crime of qualified rape; (b) the
reasons for refusing to execute the said waiver. circumstances of relationship and the minority of the victim; and
The records show that when the prosecution offered the (c) that his plea of guilty to qualified rape would not mitigate the
appellant’s Sinumpaang Salaysay in evidence to prove that he penalty for the crime in light of Article 63 of the Revised Penal
confessed to having raped the victim in February 1997 and March Code.
2, 1997, the appellant objected thereto on the ground that he was Sixth. It was not explained to the appellant that if convicted of
not assisted by counsel and that he was coerced into signing the qualified rape, he would be civilly liable to the victim in the
same. amount of P50,000 as moral damages and P75,000 as civil
Third. The trial court also failed to ascertain from the indemnity ex delicto.
appellant whether he was assisted by counsel when he executed Seventh. Neither did the trial court inquire from the
his Sinumpaang Salaysay while detained at the barangay hall; appellant’s counsel whether the meaning and the consequences of
and, if he was not so assisted by counsel, whether he had waived a guilty plea were explained to the appellant in a language or
his right thereto, before and when he signed his Sinumpaang dialect known to and understood by him.
Salaysay. Eighth. The trial court failed to delve into and ascertain from
the appellant his age, educational attainment and socioeconomic
_______________ status.
30
TSN, 5 November 1997, pp. 24.
Ninth. The trial court failed to ask the appellant to narrate In determining the guilt of the accused in rape cases, the
the facts and circumstances surrounding the incident of qualified Court is guided by the following considerations: (a) that an
rape as charged in Criminal Case No. 97385. accusation of rape can be made with facility; it is difficult to
Tenth. The appellant was not asked if he desired to adduce prove, but more difficult for the person accused, though innocent,
evidence in Criminal Case No. 97385 in spite of his plea of guilty. to disprove; (b) that in view of the intrinsic nature of the crime
As a rule, this Court has set aside convictions based on pleas which usually involves two persons, the testimony of the
of guilty in capital offenses because of the improvidence thereof, complainant must be scrutinized with extreme caution; and (c)
and when such plea is the sole basis of the condemnatory that the evidence for the prosecution must stand or fall on its own
judgment.32 However, where the trial court receives, merits and cannot be allowed to draw strength from the weakness
independently of his plea of guilty, evidence to determine whether of the evidence of the defense.34 It, likewise, bears stressing that
the accused committed in all criminal prosecutions, without regard to the nature of the
defense which the accused may raise, the burden of proof remains
_______________ at all times upon the prosecution to establish his guilt beyond
reasonable doubt.35
Exhibit “F.”
31
The Prosecution Adduced Proof
People v. Derilo, 271 SCRA 633 (1997).
32
of the Appellant’s Guilt Beyond
395 Reasonable Doubt of the Crime
VOL. 423, FEBRUARY 23, 2004 395 of Rape in Criminal Case
People vs. Ulit No. 97385
the crimes charged and the precise degree of his criminal We have reviewed the evidence on record and we are convinced
culpability therefor, he may still be convicted if there is ample that the prosecution adduced proof beyond reasonable doubt that
proof on record, not contingent on the plea of guilty, on which to the appellant raped the victim in November 1996. The victim
predicate conviction.33 declared in her sworn statement, on direct examination and her
In this case, the prosecution had already rested its case when tes
the appellant decided to change his plea. In fact, the trial court
granted the prosecution’s motion that the evidence it had _______________
presented be considered proof of the degree of culpability of the
appellant. It is, thus, incumbent upon this Court to determine People v. Rodriguez, 375 SCRA 224 (2002).
33
Case No. 97385 is sufficient to establish beyond reasonable doubt SCRA 241 (1995).
the appellant’s guilt for qualified rape. 35
Ibid.
396
396 SUPREME COURT REPORTS ANNOTATED . . .
People vs. Ulit COURT
timony on clarificatory questions made by the trial court, that Q Noong Nobyembre 1996, ayon sa iyo ay ginahasa ka ng iyong Tito. Saan ka
indeed, the appellant raped her in November 1996. Quoted ginahasa ng Tito mo?
hereunder is the testimony of Lucelle on direct and on redirect A Sa 7104 San Maximo St., po.
examination:
Fiscal _______________
Q So, matapos mong ituro ang tiyuhin mo, ano ang ginawa niya sa iyo?
A Ginahasa niya ako. TSN, 20 October 1997, pp. 34.
36
Q Ilang ulit kang ginahasa? Id., at p. 14.
37
A Marami po. 397
VOL. 423, FEBRUARY 23, 2004 397
Q Kailan ka ginahasa ng tiyuhin mo?
A November po. People vs. Ulit
Q 19? Q Doon din sa bahay na iyong tinitirhan?
A 1996, po. A Opo.38
In her Sworn Statement, Lucelle narrated in detail how the
39
Q Saan ka ginahasa?
appellant ravished her:
A 7104 San Maximo St., Makati City, po.36
06. T: Kailan ka unang senalbahe ng iyong TITO ELY?
. . .
S: Noon pong Nobyembre 1996 hindi ko na po matandaan ang
Fiscal
petsa, mga bandang 6:00 ng gabi po nang ako ay natutulog sa
Q Humigitkumulang, anong oras ng gabi nang gahasain ka ng Tito Ely mo
noong Nobyembre 1996? loob po ng kuwarto ay nagising na lang po ako nang
A Alas onse po ng gabi. maramdaman ko na may humahalik sa aking pisngi, at nang
Q Samakatuwid, hindi na siya nagtratrabaho, wala na siya sa trabaho? ako po ay magising ay nakita ko po si TITO ELY na may
A Wala na po. hawak na balisong na humigit kumulang po sa 10 pulgada
Q Saang lugar ka ginahasa? ang haba na nakatutok sa aking kaliwang leeg habang
A Sa 7104 San Maximo St. humahalik po sa aking pisngi at ang sabi ay kung ako daw po
Q Sa loob ba ng bahay? ay magsusumbong sa aking magulang ay papatayin po niya
A Opo. (TITO ELY) ako. Pagkatapos po ay hinubaran po ako ng panty
Q Saang parte ng bahay ka ginahasa ng Tito mo? at naghubad na rin po si TITO ELY ng kanyang short pants at
A Sa kuwarto po.37 pumatong na po sa akin. Ipinasok po ni TITO ELY and
kanyang (TITO ELY) ari sa aking “PEPE” at ako po ay enjoy the right to confront and crossexamine the witness
nasaktan at umiyak na lang po ako at nang makaraos po si testifying against him.43 Generally, the affidavits of persons who
are not presented to testify on the truth of the contents thereof
TITO ELY ay umalis na lang . . . .40
are hearsay evidence.44 Such affidavit must be formally offered in
We do not agree with the ruling of the trial court that the
evidence and accepted by the court; otherwise, it shall not be
contents of the sworn statement of Lucelle are hearsay, simply
considered by the court for the simple reason that the court shall
because she did not testify thereon and merely identified her
consider such evidence formally offered and accepted.45
signatures therein. By hearsay evidence is meant that kind of
In this case, Lucelle testified on and affirmed the truth of the
evidence which does not derive its value solely from the credence
contents of her sworn statement which she herself had given. As
to be attributed to the witness herself but rests solely in part on
gleaned from the said statement, she narrated how and when the
the veracity and competence of some persons from whom the
appellant raped and subjected her to lascivious acts. She was
witness has received the information. 41 It signifies all evidence
crossexamined by the appellant’s counsel and answered the trial
which is not founded upon the personal knowledge of the witness
court’s clarificatory questions. The prosecution offered her sworn
from whom it is elicited, and which, consequently, is not subject
statement as part of her testimony and the court admitted the
to crossexamination.42 The basis for the exclusion appears to lie in
same for the said purpose without objection on the part of the
the fact that such testimony is not subject to the test which can
appellant.
ordinarily be applied for the ascertainment of truth of testimony,
since the declarant is not present and available for cross The Prosecution Proved Beyond Reasonable Doubt that the
examination. In Appellant Raped the Victim in February 1997
The trial court convicted the appellant of rape in Criminal Case
_______________ No. 97386 on the basis of Lucelle’s sworn statement, 46the
testimony of her mother, Lourdes Serrano, the appellant’s
38
Id., at p. 16. statement47 executed in the Barangay Chairman’s Office, and the
39
Exhibit “H.” testimony of Dr. Armie SoretaUmil. We agree with the trial
40
Ibid. court’s findings and conclusion.
41
Rules on Evidence, Herrera Remedial Law, Volume V, 1999 First. In Lucelle’s sworn statement,48 she declared that the
ed., pp. 563564. appellant subjected her to sexual abuse.
42
Id., at p. 564. Second. Lourdes saw Lucelle in bed (papag) in Marina’s room,
398 covered with a blanket beside the appellant who was wearing a
398 SUPREME COURT REPORTS ANNOTATED
_______________
People vs. Ulit
criminal cases, the admission of hearsay evidence would be a
violation of the constitutional provision while the accused shall
43
Fernando, The Revised Rules of Court of the Philippines, labas masok sa kanyang ari. Nang ako ay makaraos ay tinakot ko
Part I, Vol. VIII, 1997 ed., pp. 515518. siyang huwag magsusumbog sa kanyang mga magulang.49
44
Vallarta v. Court of Appeals, 163 SCRA 587 (1988); People v. Although the appellant was not assisted by counsel at the time he
Santos, 139 SCRA 583 (1985). gave his statement to the barangay chairman and when he signed
45
Section 34, Rule 132, Rules of Court. the same, it is still admissible in evidence against him because he
46
Supra. was not under arrest nor under custodial investigation when he
gave his statement.50
47
Supra.
The exclusionary rule is premised on the presumption that the
48
Supra. defendant is thrust into an unfamiliar atmosphere and runs
399 through menacing police interrogation procedures where the
VOL. 423, FEBRUARY 23, 2004 399 potentiality for compulsion, physical and psychological, is
People vs. Ulit forcefully apparent. As intended by the 1971 Constitutional
pair of short pants and undershirt. He slid down from the papag, Convention, this covers “investigation conducted by police
went under the bed and slipped outside. When Lourdes removed authorities which will include investigations conducted by the
the blanket, she saw Lucelle trembling with fear, lying sidewise, municipal police, the PC and the NBI and such other police
her knees near her chin (nakabaluktot). agencies in our government.”51 The barangay chairman52 is not
Third. The appellant admitted to the barangay chairman on deemed a law enforcement officer
March 5, 1997, that he raped Lucelle in February 1997:
_______________
Na, noong isang araw ng PEBRERO 1997, sa loob ng kuwarto ng
aking kapatid na babae, pumasok ako na nadatnang nakahiga si 49
Supra.
LUCILLE ULIT sa isang papag na anyong natutulog. Lumapit 50
People vs. Diano, 339 SCRA 515 (2000).
ako sa kanya at pinaghihipuan sa maseselang parte ng kanyang 51
People vs. Andan, 269 SCRA 95 (1997).
katawan at nang siya’y magising tinakot ko siyang huwag 52
R.A. 7160 (Local Government Code of 1991).
sisigaw, habang siya ay aking hinuhubaran ng “Short” na SECTION 389. Chief Executive: Powers, Duties and
kasama pati ang kanyang “panty.” Nagpupumiglas siya habang Functions.–
ako ay nakadagan sa kanya na noon din ay hinuhubad ko ang 400
aking “brief.” Pinaghahalikan ko po siya habang siya ay 400 SUPREME COURT REPORTS ANNOTATED
nagpupumiglas at umiiyak at noon din ay aking pinasok ang People vs. Ulit
aking ari sa kanyang ari. Umiiyak siya habang ang aking ari ay for purposes of applying Section 12(1) and (3) of Article III of the
Constitution. Under these circumstances, it cannot be
successfully
_______________ the barangay treasurer, the barangaysecretary, and
other appointed barangay officials;
(a) The punong barangay, as the chief executive of
the barangay government, shall exercise such powers and 6. (6)Organize and lead an emergency group whenever the
perform such duties and functions, as provided by this Code and same may be necessary for the maintenance of peace and
other laws. order or on occasions of emergency or calamity within
(b) For efficient, effective and economical governance, the the barangay,
purpose of which is the general welfare of the barangay and its
inhabitants pursuant to Section 16 of this Code, the punong 7. (7)In coordination with the barangay development
barangay shall: council, prepare the annual executive and supplemental
budgets of the barangay;
1. (1)Enforce all laws and ordinances which are applicable
within the barangay; 8. (8)Approve vouchers relating to the disbursement
of barangay funds;
2. (2)Negotiate, enter into, and sign contracts for and in
behalf of the barangay, upon authorization of 9. (9)Enforce laws and regulations relating to pollution
the sangguniang barangay; control and protection of the environment;
* THIRD DIVISION.
153
VOL. 776, DECEMBER 7, 2015 153
Frontreras vs. People
the presence of all the following elements: 1. Taking of
personal property; 2. That the said property belongs to another; 3.
That the said taking be done with intent to gain; 4. That it be
done without the owner’s consent; 5. That it be accomplished
without the use of violence or intimidation against persons, nor of
G.R. No. 190583. December 7, 2015.* force upon things; 6. That it be done with grave abuse of
confidence.
MARIA PAZ FRONTRERAS y ILAGAN, petitioner, vs.PEOPLE Same; Same; Same; Intent to Gain; Intent to gain can be
OF THE PHILIPPINES, respondent.
deduced from the petitioner’s possession of the pawn tickets which
Criminal Law; Theft; Qualified Theft; Theft becomes
were surrendered, together with the redemption payment by their
qualified if it is among others, committed with grave abuse of
respective pledgors.—Intent to gain can be deduced from the
confidence.—Theft is committed by any person who, with intent to
petitioner’s possession of the foregoing pawn tickets which were
gain but without violence against, or intimidation of persons nor surrendered, together with the redemption payment by their
force upon things, shall take personal property of another without respective pledgors. She submitted them during the spot audit
the latter’s consent. Intent to gain or animus lucrandi is an along with a confession letter stating that portions of the
internal act that is presumed from the unlawful taking by the P1,250,800.00 missing value of jewelry were actually already
offender of the thing subject of asportation. Theft becomes redeemed, thus: Yung iba pong item ay mga tubos na at nakatago
qualified if it is among others, committed with grave abuse of
lang po ang papel. Nagsimula po ito noong buwan ng Hulyo. Dala
confidence.
na rin po ng matinding pangangailangan sa pera. Ito lamang po
ang tangi kong mailalahad at iyan din po ang katotohanan. The
tenor of the foregoing declaration and the circumstances of the will deliberately and knowingly confess himself to be the
petitioner at the time she wrote and signed it, all militate against perpetrator of a crime, unless prompted by truth and conscience.—
her bare allegation that she was threatened with an A confession, whether judicial or extrajudicial, if voluntarily and
administrative case unless she admits her transgression. freely made, constitutes evidence of a high order since it is
Same; Same; It is obvious that losing one’s job in an supported by the strong presumption that no sane person or one
administrative case is less cumbersome than risking one’s liberty of normal mind will deliberately and knowingly confess himself to
by confessing to a crime one did not really commit. It is thus be the perpetrator of a crime, unless prompted by truth and
implausible for one to be cajoled into confessing to a wrongdoing conscience. The admissibility and validity of a confession, thus
hinges on its voluntariness, a condition vividly present in this
at the mere prospect of losing his/her job.—The language of the
case.
confession letter was straightforward, coherent and clear. It bore
no suspicious circumstances tending to cast doubt upon its Criminal Law; Qualified Theft; Penalties; Since the
integrity and it was replete with details which could only be petitioner committed qualified theft, the penalty shall be two (2)
known to the petitioner. Moreover, it is obvious that losing one’s degrees higher or reclusion temporal in its medium and maximum
job in an administrative case is less cumbersome than risking periods, which shall be imposed in its maximum period which has
one’s liberty by confessing to a crime one did not really commit. It a range of seventeen (17) years, four (4) months and one (1) day to
is thus implausible for one to be cajoled into confessing to a
twenty (20) years.—Since the petitioner committed qualified theft,
wrongdoing at the mere prospect of losing his/her job. The
the penalty shall be two degrees higher or reclusion temporal in
petitioner’s declarations to Talampas show that she fully
understood the consequences of her confession. She also executed its medium and maximum periods, which shall be imposed in its
the letter even before Finolan came to the Old Balara branch, maximum period which has a range of seventeen (17) years, four
thus, negating her claim that the latter threatened her with an (4) months and one (1) day to twenty (20) years.
administrative sanction. Same; Mitigating Circumstances; Analogous to Voluntary
Surrender; Anent the appreciation of mitigating circumstances,
the Supreme Court (SC) agrees with the Regional Trial Court
154
(RTC) that the petitioner’s extrajudicial confession through the
154 SUPREME COURT REPORTS ANNOTATED
handwritten letter coupled with her act of surrendering the
Frontreras vs. People
redeemed pawn tickets and thereafter going to the police station
Remedial Law; Evidence; Confessions; A confession, whether
can be taken as an analogous circumstance of voluntary surrender
judicial or extrajudicial, if voluntarily and freely made,
under Article 13, paragraph 10 in relation to paragraph 7 of the
constitutes evidence of a high order since it is supported by the
Revised Penal Code (RPC).—Anent the appreciation of mitigating
strong presumption that no sane person or one of normal mind circumstances, the Court agrees with the RTC that the
petitioner’s extrajudicial confession through the handwritten present, the court shall impose the penalty next lower to that
letter coupled with her act of surrendering the redeemed pawn prescribed by law, in the period that it may deem applicable,
tickets and thereafter going to the police station can be taken as
according to the number and nature of such circumstances.—A
an analogous circumstance of voluntary surrender under Article
reduction in the imposable penalty by one degree is thus in order
13, paragraph 10 in relation to paragraph 7 of the RPC.
pursuant to Article 64(5) of the RPC which states that when there
are two or more mitigating circumstances and no aggravating
circumstances are present, the court shall impose the penalty
155
next lower to that prescribed by law, in the period that it may
VOL. 776, DECEMBER 7, 2015 155
deem applicable, according to the number and nature of such
Frontreras vs. People circumstances. As such, the penalty next lower in degree which
Same; Same; No Intention to Commit So Grave a Wrong; The is prisión mayor in its medium period should be imposed.
petitioner misappropriated the redemption payments under her PETITION for review on certiorari of a decision of the Court of
custody and control because she was constrained by extreme Appeals.
necessity for money.—Based on the same extrajudicial confession, The facts are stated in the opinion of the Court.
the petitioner is also entitled to the mitigating circumstance of no Manuel R. Bustamante for petitioner.
intention to commit so grave a wrong under paragraph 3 again in
relation to paragraph 10 both of Article 13. Based on her letter,
the petitioner misappropriated the redemption payments under
her custody and control because she was constrained by extreme 156
necessity for money. This is not to promote monetary crisis as an 156 SUPREME COURT REPORTS ANNOTATED
excuse to commit a crime or to embolden a person entrusted with Frontreras vs. People
funds or properties to feloniously access the same, but rather to
underscore the utmost consideration in the Court’s exercise of its Office of the Solicitor General for respondent.
discretional power to impose penalties, that is — a guilty person REYES, J.:
deserves the penalty given the attendant circumstances and
commensurate with the gravity of the offense committed. From Before the Court is a Petition for Review 1 under Rule 45 of the
such standpoint, the Court finds it prudent that unless the Rules of Court seeking to reverse and set aside the
foregoing analogous mitigating circumstances are appreciated in Decision2 dated July 29, 2009 of the Court of Appeals (CA) in
her favor, the petitioner will be penalized excessively. C.A.G.R. CR No. 30909, which affirmed with modification the
Same; Same; Penalties; When there are two (2) or more Decision3 dated May 8, 2006 of the Regional Trial Court (RTC) of
mitigating circumstances and no aggravating circumstances are Quezon City, Branch 104, in Criminal Case No. Q9984626,
convicting Maria Paz Frontreras4 y Ilagan (petitioner) of the Frontreras vs. People
crime of Qualified Theft and sentencing her to suffer the penalty monitored the district bank account and handled the appraisal
of reclusion perpetua. of pawned items and the recording of cash.5
On October 27, 1998, a surprise audit was conducted at the
The Facts Old Balara branch by Cebuana’s internal auditors, Mila Escartin
(Escartin) and Cynthia Talampas (Talampas). The audit revealed
The petitioner was the Vault Custodian of the 685 Old Balara, that 156 pieces of jewelry, with an aggregate value of
Tandang Sora, Quezon City branch (Old Balara branch) of P1,250,800.00 were missing. A cash shortage of P848.60 was
Cebuana Lhuillier Pawnshop (Cebuana). She was tasked to safe likewise discovered. When the petitioner was asked to explain the
keep all the pawned items and jewelry inside the branch vault. discrepancy, she told Escartin that she would reduce her
Likewise employed in the same branch were Teresita Salazar explanation into writing. The next day, an audit report was sent
(Salazar) and Jeannelyn Carpon (Carpon) who served as Branch to Marcelino Finolan (Finolan), Area Manager of Cebuana.6
Manager and District Manager, respectively. Salazar was Upon receipt of the audit report on October 28, 1998, Finolan
responsible for the overall operation of the Old Balara branch and immediately proceeded to the Old Balara branch to conduct an
was also tasked to handle the appraisal of pawned items and the investigation. He called Escartin and the petitioner for a meeting
recording of such transactions. Carpon, on the other hand, during which the petitioner handed over several pawn
supervised the overall operations of the branches within her tickets7 while Escartin gave him a handwritten letter made by the
district ensuring that they are operating within the objectives, petitioner,8 which reads:
procedures, and policies of Cebuana; she also
_______________ Oct. 28, 1998
Sa Kinauukulan:
1 Rollo, pp. 931. Sir, nagconduct po ng audit kahapon Oct. 27, 1998 dito sa Old
2 Penned by Associate Justice Normandie B. Pizarro, with Balara I at nadiskubre po na maraming nawawalang item. Sir
Associate Justices Martin S. Villarama, Jr. (now a member of this ang lahat pong ito ay mga sanla namin. Ang involve po dito ay
Court) and Jose C. Reyes, Jr., concurring; CA Rollo, pp. 136155.
ang appraiser — Tess Salazar, Dist. Manager — Jeannelyn Uy
3 Issued by Judge Thelma A. Ponferrada; Records (Vol. II),
Carpon, at ako po Vault Custodian — Ma. Paz Frontreras. Yong
pp. 492511.
4 Fronteras in other documents of the case. iba pong item ay mga tubos na at nakatago lang po ang papel.
Nagsimula po ito noong buwan ng Hulyo. Dala na rin pong
matinding pangangailangan sa pera. Ito lamang po
157 _______________
VOL. 776, DECEMBER 7, 2015 157
5 CA Rollo, pp. 137138. jewelries and redemption payments, belonging to said
6 Id., at p. 138. [CEBUANA], to the damage and prejudice of the said
7 TSN, December 13, 1999, pp. 1013. offended party in the amount aforementioned.
8 Folder of Exhibits, Exhibit “B.” CONTRARY TO LAW.11
Salazar and Carpon entered a “Not Guilty” plea upon
158 arraignment on July 13, 1999.12 The petitioner likewise pleaded
“Not Guilty” during her arraignment on August 9, 1999.13
158 SUPREME COURT REPORTS ANNOTATED
_______________
Frontreras vs. People
ang tangi kong mailalahad at iyan din po ang katotohanan. 9 Id.
Sumasainyo, 10 Records (Vol. I), pp. 12.
[signed] 11 Id.
Ma. Paz Fronteras9 12 Id., at p. 172.
13 Id., at p. 178.
On May 10, 1999, an Information10 for Qualified Theft was
filed before the RTC against the petitioner, Salazar, and Carpon.
The accusatory portion of the Information reads: 159
VOL. 776, DECEMBER 7, 2015 159
That on or about the period comprised from June 6,
Frontreras vs. People
1998 up to October 17, 1998, in Quezon City, Philippines,
Trial thereafter ensued. According to prosecution witness
the above named accused, conspiring, confederating and
Finolan, aside from receiving the petitioner’s handwritten letter
mutually helping one another, being then employed as the
on October 28, 1998, the petitioner also gave him original pawn
Branch Manager, District Manager and Vault Custodian,
tickets, the back portion of which showed the signatures of their
respectively of [CEBUANA] represented by [FINOLAN]
respective pledgors. These signatures mean that the pledgors
located at Unit 1119 B & C 685 Tandang Sora, Old Balara,
have already redeemed the jewelry covered by each ticket by
Quezon City and such have free access to the jewelries
paying the amount for which they stand as a security. No
pawned to [CEBUANA], with grave abuse of confidence
payments were, however, recorded nor turned over to the
reposed on them by their employer, with intent to gain and
pawnshop. The petitioner also intimated to him that Carpon took
without the knowledge and consent of the owner thereof,
some of such cash payments but failed to return the same.14 These
did then and there wilfully, unlawfully and feloniously
declarations were corroborated by the testimonies of the other
take, steal and carry away the amount of P1,263,737.60,
prosecution witnesses, Escartin15 and Talampas.16
Philippine Currency, representing the value of the
All of the accused took the witness stand and proffered in administrative case will be filed against her. The prospect of
defense that the internal audit for June, July, August and losing her job frightened her. The police car outside the Old
September of 1998 showed no report of anomaly or shortage; that Balara branch also intimidated her. She was brought to the police
had there been any anomaly or shortage, it could have been station and was eventually subjected to inquest proceedings but
discovered thru the periodic audit being conducted by Cebuana; was released for lack of evidence. She denied that there were
they were not holding cash and there was no complaint from missing jewelries from the Old Balara branch. She stressed that
clients regarding missing pawned items.17 what was actually missing was cash, over which she had no
Carpon denied liability for the missing jewelry and custodial duty.20
redemption payments and averred that she had no official On rebuttal, Finolan clarified that the purpose of the
capacity to hold cash for Cebuana and that the pawned items spot/surprise audit was to check for fake or overappraised
were handled by the vault custodian. When Finolan asked her pawned items and not to check for inventory anomalies. 21
about the missing items, she told him there was none. She was
brought to the police station and then submitted for inquest but The Ruling of the RTC
was thereafter released based on insufficiency of evidence.18
_______________ In a Decision22 dated May 8, 2006, the RTC found sufficient
circumstantial evidence establishing that the petitioner
14 TSN, October 5, 1999, pp. 614, 1617; TSN, December 13, perpetrated the offense. The petitioner was entrusted with the
1999, pp. 46, 1213, 1617. position of vault custodian tasked with the responsibility for all
15 TSN, June 19, 2000, pp. 45, 1314. pawned wares and to make sure that they were all intact and
16 TSN, November 7, 2001, pp. 69, 1213, 1519, 2324. safely kept in the vault. During the audit, there were open items
17 Records (Vol. II), p. 502. (unredeemed pawned items) which she could not locate.
18 Id., at pp. 502505. She had in her possession pawn tickets pertaining to items
which were already redeemed. She surrendered the pawn tickets
to Finolan, but without the corresponding redemption payment.
160 Her position of vault custodian created a high degree of
160 SUPREME COURT REPORTS ANNOTATED confidence between her and the pawnshop which she gravely
Frontreras vs. People abused.23 Based on the appraisal value of the pieces of jewelry
Salazar was absent on October 27 and 28, 1998 because she covered by the pawn tickets surrendered by the petitioner during
was sick. She was surprised when she was informed that there audit but without the corresponding redemption
are missing pawned items at the Old Balara branch because _______________
Finolan conducts an audit twice a month.19
The petitioner claimed that Finolan and the auditor prodded 19 Id., at pp. 505506.
her to admit liability for the missing pawned items otherwise an 20 Id., at pp. 507508.
21 Id., at p. 508. _______________
22 Id., at pp. 492511.
23 Id., at p. 509.
24 Id., at pp. 509511.
161 25 Id., at p. 511.
VOL. 776, DECEMBER 7, 2015 161 26 Id.
Frontreras vs. People 27 Id., at pp. 512515.
payment, Cebuana suffered injury in the aggregate sum of 28 Id., at pp. 525540.
P414,050.00.24
The petitioner’s coaccused Salazar and Carpon were acquitted
on the ground of reasonable doubt.25 Accordingly, the dispositive 162
portion of the RTC decision reads as follows: 162 SUPREME COURT REPORTS ANNOTATED
Frontreras vs. People
WHEREFORE, the Court finds [the petitioner] guilty
it had earlier imposed to four (4) years, two (2) months and
beyond reasonable doubt as principal of the crime of
QUALIFIED THEFT defined and penalized in Article 310 one (1) day of prisión correccional as minimum to ten (10) years
of the Revised Penal Code, sentencing her therefor to an and one (1) day of prisión mayor as maximum, explaining thus:
indeterminate penalty of fourteen (14) years and eight (8)
months of reclusion temporalas minimum to twenty (20) The Court is however inclined to reduce the penalty by
considering the surrender of the pawn tickets as a
years of reclusion temporal as maximum, and ordering her
mitigating circumstance analogous to voluntary surrender
to pay to [Cebuana] the amount of P414,050.00.
under Article 13, paragraph 7, and the necessity mentioned
On ground of reasonable doubt, judgment is hereby
in the handwritten explanation as analogous to incomplete
rendered acquitting accused [Salazar] and [Carpon] of the
justification under Article 11, paragraph 4, x x x in relation
offense charged against them.
to Article 13, paragraph 1, of the Revised Penal Code.29
SO ORDERED.26
Consequently, the previous RTC ruling was modified as
The petitioner moved for reconsideration arguing for her
follows:
acquittal for failure of the prosecution to establish her guilt
beyond reasonable doubt. She also questioned the correctness of
WHEREFORE, the Court maintains the Decision dated
the penalty imposed by the RTC.27
May 8, 2006 finding [the petitioner] guilty beyond
In an Order28 dated November 6, 2006, the RTC denied
reasonable doubt as principal of the crime of QUALIFIED
reconsideration on its finding of guilt but it reduced the penalty
THEFT defined and penalized in Article 310 of the Revised petitioner had the exclusive right to enter the pawnshop’s vault;
Penal Code, and, considering the two analogous mitigating (c) no complaint from clients regarding the missing pawned items
circumstances, modifies the penalty by sentencing her was ever filed.33
therefor to an indeterminate penalty of four (4) years, two The CA rejected the petitioner’s arguments and upheld the
(2) months and one (1) day of prisión correccional as RTC’s findings and conclusions. The CA observed that the audits
minimum to ten (10) years and one (1) day of prisión were actually not audit reports per se but rather reports made in
mayor as maximum, and ordering her to pay to order to determine the profitability of the pawnshop. Even if they
[CEBUANA] the amount of P414,050.00 are considered as regular audits, their nature will not preclude
SO ORDERED.30 the existence of fraud because they were conducted only for the
purpose of ascertaining fake items or if there was over
Undeterred, the petitioner filed a Motion for Amendment of appraisal.34
Modified Penalty31 arguing that the RTC erred in the application Anent the petitioner’s insinuation that another person could
of the Indeterminate Sentence Law. The RTC denied the motion have accessed the vault, the CA held:
in an Order32 dated March 8, 2007.
_______________ [O]nly the Vault Custodian and the Area Manager,
Finolan in this case, knows the combination of the vault.
29 Id., at p. 539. Finolan, however, has no keys to the main door of the
branch and likewise has no keys to the inner door/gate of
30 Id., at p. 540.
the branch. Furthermore, nobody is allowed to enter the
31 Id., at pp. 541543. vault without the presence of the Vault Custodian. Thus,
32 Id., at pp. 547549. there is simply no way for Finolan or any other person for
that matter, to have been able to remove items from the
vault. Considering the circumstances and the safeguards
163 employed, it is absurd to impute the crime to any person
VOL. 776, DECEMBER 7, 2015 163 other than [the petitioner].
Frontreras vs. People [The petitioner], on the other hand, as Vault Custodian,
The Ruling of the CA has daily and unsupervised access to the vault. Again,
_______________
The petitioner appealed to the CA contending that the
inferences made by the RTC were based on unfounded facts, 33 CA Rollo, pp. 7677.
since: (a) based on the audit reports for June, July, August and 34 Id., at pp. 145146.
September of 1998, there were no anomalies occurring in
Cebuana; (b) no evidence was presented tending to prove that the
164 35 Id., at pp. 146147.
164 SUPREME COURT REPORTS ANNOTATED 36 Id., at pp. 147148.
Frontreras vs. People 37 Id., at pp. 152154.
she has the duty to ensure the safekeeping of all the 38 Id., at pp. 136155.
pawned items and jewelry inside the branch vault. If there
39 Id., at pp. 154155.
was any loss, she should have immediately reported it to
her superiors. The fact that she failed to do so leads to a
reasonable inference that she is the author of the
165
loss.35 (Citations omitted and underscoring in the original)
VOL. 776, DECEMBER 7, 2015 165
The CA further held that the absence of any complaint from Frontreras vs. People
Cebuana’s clients does not necessarily mean that there was no The petitioner moved for reconsideration40 but her motion was
loss. In the pawnshop business, it is not uncommon for people to denied in the CA Resolution 41 dated December 18, 2009. Hence,
fail to redeem the valuables they pawned. The CA, thus, the present petition42 arguing that the CA:
concluded that the prosecution was able to establish: (1) the fact
of loss; (2) that the loss was due to an unlawful taking; and (3) I.
that the unlawful taking was committed with grave abuse of COMMITTED SERIOUS ERROR IN NOT FINDING
confidence.36 THAT THE TRIAL COURT GRAVELY ERRED IN
The CA, however, disagreed with the RTC that the return by RENDERING JUDGMENT UPON CONJECTURES AND
the petitioner of the pawn tickets can be deemed as the mitigating SURMISES VISÀVIS THE ABSENCE OF
circumstance of voluntary surrender. The CA explained that the CIRCUMSTANTIAL EVIDENCE.
petitioner did not surrender herself to a person in authority and II.
thus modified the penalty imposed on her to reclusion perpetua.37 COMMITTED AN ERROR OF LAW BY CONCLUDING
Accordingly, the CA Decision38 dated July 29, 2009 was THAT THE PETITIONER HAS TO SUFFER THE
disposed in this manner: PENALTY OF RECLUSION PERPETUA.43
WHEREFORE, the instant appeal is DISMISSED for lack of The Ruling of the Court
merit and the assailed decision is AFFIRMED with
MODIFICATION in that the [petitioner] is sentenced to suffer The Court denies the petition.
the penalty of reclusion perpetua. Theft is committed by any person who, with intent to gain but
SO ORDERED.39 (Emphasis in the original) without violence against, or intimidation of persons nor force
upon things, shall take personal property of another without the
_______________
latter’s consent.44 Intent to gain or animus lucrandi is an internal On the other hand, the elements of corpus delicti in theft are:
act that is presumed from the unlawful taking by the offender of (1) that the property was lost by the owner; and (2) that it was
the thing subject of asportation.45 Theft becomes qualified if it is lost by felonious taking.48
among others, committed with grave abuse of confidence. 46 The evidence on record shows that the foregoing elements are
_______________ present in this case. The prosecution has established beyond
reasonable doubt that the petitioner unlawfully deprived
40 Id., at pp. 156169. Cebuana of cash/money when she took out pawned items and
41 Id., at pp. 223227. released them to redeeming pledgors in exchange for redemption
42 Rollo, pp. 931. payments which she, however, did not turnover to the pawnshop,
and instead pocketed them for her own gain. She gravely abused
43 Id., at p. 14.
the confidence concurrent with her sensitive position as a vault
44 Revised Penal Code, Article 308, paragraph 1.
custodian when she exploited her exclusive and unlimited access
45 People v. Anabe, 644 Phil. 261, 282; 630 SCRA 10, 28 to the vault to facilitate the unlawful taking. Her position
(2010). entailed a high degree of confidence reposed by Cebuana as she
46 Id.; Revised Penal Code, Article 310. had been granted daily unsupervised access to the vault. 49 Also,
the petitioner knew
_______________
166
166 SUPREME COURT REPORTS ANNOTATED 47 People v. Mirto, 675 Phil. 895, 906; 659 SCRA 796, 807
Frontreras vs. People (2011).
Conviction for qualified theft committed with grave abuse of 48 Gan v. People, 550 Phil. 133, 161162; 521 SCRA 550, 580
confidence entails the presence of all the following elements: (2007).
1. Taking of personal property; 49 CA Rollo, p. 147.
2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owner’s consent; 167
5. That it be accomplished without the use of violence or VOL. 776, DECEMBER 7, 2015 167
intimidation against persons, nor of force upon things;
Frontreras vs. People
6. That it be done with grave abuse of confidence. 47
the combinations of the branch’s vault 50 and nobody was
allowed to enter the vault without her presence.51
The petitioner gravely abused such relation of trust and
confidence when she accessed and released the pawned items
under her custody, received the payments for their redemption letter stating that portions of the P1,250,800.00 missing value of
but failed to record such redemption and remit the payments to jewelry were actually already redeemed, thus:
the cash collections of Cebuana. Without the authority and
consent of her employer, she repeatedly took and appropriated for Yung iba pong item ay mga tubos na at nakatago lang
herself the redemption payments paid for the pawned items with po ang papel. Nagsimula po ito noong buwan ng Hulyo.
the aggregate appraised value of P414,050.00,52 viz.: Dala na rin po ng matinding pangangailangan sa pera. Ito
lamang po ang tangi kong mailalahad at iyan din po ang
_______________
katotohanan.53
50 TSN, February 7, 2000, pp. 34.
The tenor of the foregoing declaration and the circumstances
51 Id., at p. 10.
of the petitioner at the time she wrote and signed it, all militate
52 Folder of Exhibits, Exhibits "D""D61."
against her bare allegation that she was threatened with an
administrative case unless she admits her transgression.
The petitioner wrote and signed the confession letter
168
spontaneously. When Escartin asked her if there are any
168 SUPREME COURT REPORTS ANNOTATED
problems in the Old Balara branch, the petitioner answered that
Frontreras vs. People she will write down her explanation and will submit it to
044867 4,000.00 042712 22,000.00 Escartin.54 The petitioner also told Talampas that if she will
044903 3,000.00 042576 13,000.00 escape, she will just be afraid that someone will go after her
044714 2,500.00 043394 10,000.00
_______________
044938 2,300.00 043395 16,000.00
042988 2,500.00 042147 7,500.00
045029 2,300.00 041972 15,000.00 53 Id., at Exhibit “B.”
043858 5,500.00 044060 12,000.00 54 TSN, June 19, 2000, pp. 1314.
043766 3,500.00 043027 7,000.00
043641 1,750.00 042987 2,500.00
045068 2,000.00 043035 5,200.00 169
VOL. 776, DECEMBER 7, 2015 169
Frontreras vs. People
Intent to gain can be deduced from the petitioner’s possession and that she will just face the consequences.55 Talampas then
of the foregoing pawn tickets which were surrendered, together saw the petitioner make and sign the confession letter. 56 When
with the redemption payment by their respective pledgors. She Finolan went to the Old Balara branch for further investigation,
submitted them during the spot audit along with a confession Escartin handed her the confession letter from the petitioner. 57
The language of the confession letter was straightforward, 170
coherent and clear. It bore no suspicious circumstances tending to 170 SUPREME COURT REPORTS ANNOTATED
cast doubt upon its integrity and it was replete with details which Frontreras vs. People
could only be known to the petitioner. Moreover, it is obvious that 1. On October 27, 1998, Escartin and Talampas conducted a
losing one’s job in an administrative case is less cumbersome than spot audit at the Old Balara branch of Cebuana.59
risking one’s liberty by confessing to a crime one did not really 2. Escartin counterchecked the computer list of all pawned
commit. It is thus implausible for one to be cajoled into confessing
items not yet redeemed visàvis the actual stocks in the vault
to a wrongdoing at the mere prospect of losing his/her job. The
and discovered that there were missing items. 60
petitioner’s declarations to Talampas show that she fully
3. Escartin asked the petitioner if there are any problems in
understood the consequences of her confession. She also executed
the branch. The latter answered that she will just write down
the letter even before Finolan came to the Old Balara branch,
everything that happened and hand over her explanation to
thus, negating her claim that the latter threatened her with an
Escartin.61
administrative sanction.
4. After receiving the audit report on October 28, 1998,
A confession, whether judicial or extrajudicial, if voluntarily
Finolan proceeded to the Old Balara branch and conducted an
and freely made, constitutes evidence of a high order since it is
investigation.62
supported by the strong presumption that no sane person or one
5. When Talampas reported for work on October 28, 1998, the
of normal mind will deliberately and knowingly confess himself to
petitioner told her that she thought about what happened and
be the perpetrator of a crime, unless prompted by truth and
that she is afraid that someone will be going after her if she will
conscience. The admissibility and validity of a confession, thus
run away and so she has to face the consequences.63
hinges on its voluntariness,58 a condition vividly present in this
6. Talampas thereafter saw the petitioner write and sign a
case.
confession letter.64
The petitioner’s extrajudicial written confession coupled with
7. The letter was given to Finolan when he went to the Old
the following circumstantial evidence all point to her as the
Balara branch to investigate.65
perpetrator of the unlawful taking:
8. In the letter, the petitioner admitted that some of the
_______________
missing pawned items were already redeemed. She also stated
that she had “extreme need for money.”66
55 TSN, November 7, 2001, p. 17.
_______________
56 Id., at pp. 1819.
57 TSN, October 5, 1999, pp. 910. 59 TSN, June 19, 2000, pp. 56.
58 People v. Satorre, 456 Phil. 98, 107; 408 SCRA 642, 647 60 Id., at p. 11.
(2003).
61 Id., at pp. 1314.
62 TSN, October 5, 1999, pp. 89.
63 TSN, November 7, 2001, p. 17. latter amount the penalty shall be the maximum
64 Id., at pp. 1819. period of the one prescribed in this
65 TSN, October 5, 1999, p. 10. _______________
66 CA Rollo, p. 224.
67 TSN, October 5, 1999, p. 17; TSN, November 7, 2001, p. 24.
68 TSN, December 13, 1999, pp. 1213.
171 69 Id., at p. 14.
VOL. 776, DECEMBER 7, 2015 171 70 Id., at p. 15.
Frontreras vs. People 71 Art. 310. Qualified theft.—The crime of theft shall be
9. The petitioner then handed over to Finolan original pawn punished by the penalties next higher by two degrees than those
tickets.67 respectively specified in the next preceding article, if committed
10. Finolan observed that the pawn tickets were already by a domestic servant, or with grave abuse of confidence, or if the
redeemed or paid by their respective pledgors as evidenced by property stolen is motor vehicle, mail matter or large cattle or
their signatures of validation.68 consists of coconuts taken from the premises of the plantation or
11. There are no records of redemption transactions under the fish taken from a fishpond or fishery, or if property is taken on
said pawn tickets.69 the occasion of fire, earthquake, typhoon, volcanic eruption, or
12. The petitioner did not convey any redemption payment to any other calamity, vehicular accident or civil disturbance.
Finolan or to the pawnshop.70
Penalty 172
172 SUPREME COURT REPORTS ANNOTATED
Under Article 31071 of the Revised Penal Code (RPC), the Frontreras vs. People
penalty for qualified theft is two degrees higher than that paragraph, and one year for each additional ten
specified in Article 309 which states: thousand pesos, but the total of the penalty which
may be imposed shall not exceed twenty years. In
Art. 309. Penalties.—Any person guilty of theft shall such cases, and in connection with the accessory penalties
be punished by: which may be imposed and for the purpose of the other
1. The penalty of prisión mayor in its minimum provisions of this Code, the penalty shall be termed prisión
and medium periods, if the value of the thing stolen
mayor or reclusion temporal, as the case may be.
is more than 12,000 pesos but does not exceed 22,000 x x x x (Emphasis ours and italics in the original)
pesos, but if the value of the thing stolen exceeds the
Considering that the value involved in the present case VOL. 776, DECEMBER 7, 2015 173
exceeds P22,000.00, the basic penalty is prisión mayor in its Frontreras vs. People
minimum and medium periods. Anent the appreciation of mitigating circumstances, the Court
Anent the graduation of penalty for qualified theft and the agrees with the RTC that the petitioner’s extrajudicial confession
imposition of incremental penalty for the amount in excess of through the handwritten letter coupled with her act of
P22,000.00, the ruling espoused in Ringor v. People72 is hereby surrendering the redeemed pawn tickets and thereafter going to
adopted. the police station can be taken as an analogous circumstance of
Since the petitioner committed qualified theft, the penalty voluntary surrender under Article 13, paragraph 10 77 in relation
shall be two degrees higher or reclusion temporal in its medium to paragraph 778 of the RPC.
and maximum periods,73 which shall be imposed in its maximum Based on the same extrajudicial confession, the petitioner is
period which has a range of seventeen (17) years, four (4) months also entitled to the mitigating circumstance of no intention to
and one (1) day to twenty (20) years.74 commit so grave a wrong under paragraph 379 again in relation to
The incremental penalty shall then be determined by paragraph 10 both of Article 13. Based on her letter, the
deducting P22,000.00 from the amount involved or P414,050.00. petitioner misappropriated the redemption payments under her
This will yield the amount of P392,050.00 which would then be custody and control because she was constrained by extreme
divided by P10,000.00, disregarding any amount less than necessity for money.
P10,000.00.75 The end result is that 39 years should be added to This is not to promote monetary crisis as an excuse to commit
the principal penalty. The total imposable penalty, however, a crime or to embolden a person entrusted with funds or
should not exceed 20 years and as such, the maximum imposable properties to feloniously access the same, but rather to
underscore the utmost consideration in the Court’s exercise of its
penalty in this case is 20 years of reclusion temporal.76
_______________ discretional power to impose penalties, that is — a guilty person
deserves the penalty given the attendant circumstances
72 Ringor v. People, G.R. No. 198904, December 11, 2013, 712 _______________
SCRA 622.
73 Id., at p. 634. 77 Art. 13. Mitigating circumstances.—The following are
74 Revised Penal Code, Article 76. mitigating circumstances: x x x x
10. And finally, any other circumstances of a similar nature
75 See People v. Ocden, 665 Phil. 268, 294; 650 SCRA 124,
and analogous to those above mentioned.
151 (2011).
78 Art. 13. Mitigating circumstances.—The following are
76 Ringor v. People, supra at p. 634.
mitigating circumstances:
x x x x
173
7. That the offender had voluntarily surrendered himself to a medium period or eight (8) years and one (1) day to ten (10) years.
person in authority or his agents, or that he had voluntarily The penalty imposed by the CA should thus be modified to
confessed his guilt before the court prior to the presentation of the conform to the foregoing findings.
evidence for the prosecution. WHEREFORE, premises considered, the Decision dated July
79 Art. 13. Mitigating circumstances.—The following are 29, 2009 of the Court of Appeals in C.A.G.R. CR No. 30909
mitigating circumstances: is AFFIRMED with MODIFICATION as to the imposed
x x x x penalty such that the petitioner, Ma. Paz Frontreras y Ilagan, is
3. That the offender had no intention to commit so grave a sentenced to suffer the indeterminate penalty of four (4) years,
wrong as that committed. two (2) months and one (1) day of prisión
correccional as minimum to ten (10) years of prisión
mayor as maximum.
174
SO ORDERED.
174 SUPREME COURT REPORTS ANNOTATED
_______________
Frontreras vs. People
and commensurate with the gravity of the offense 80 Perez v. People, 568 Phil. 491, 524; 544 SCRA 532, 568
committed.80 From such standpoint, the Court finds it prudent (2008).
that unless the foregoing analogous mitigating circumstances are
appreciated in her favor, the petitioner will be penalized
excessively. 175
A reduction in the imposable penalty by one degree is thus in VOL. 776, DECEMBER 7, 2015 175
order pursuant to Article 64(5) of the RPC which states that when
Frontreras vs. People
there are two or more mitigating circumstances and no
Velasco, Jr. (Chairperson), Peralta, Del
aggravating circumstances are present, the court shall impose the
penalty next lower to that prescribed by law, in the period that it Castillo** and Jardeleza, JJ., concur.
may deem applicable, according to the number and nature of such Judgment affirmed with modification.
circumstances. As such, the penalty next lower in degree which Notes.—A confession [or admission] is presumed voluntary
is prisión mayor in its medium period should be imposed. until the contrary is proved and the confessant bears the burden
Applying the Indeterminate Sentence Law, the minimum term of proving the contrary. (Tanenggee vs. People, 699 SCRA 639
shall be taken from the penalty next lower or anywhere within [2013])
the full range of prisión correccional or six (6) months and one (1) Grave abuse of confidence, as an element of Qualified Theft,
day to six (6) years, while the indeterminate maximum penalty “must be the result of the relation by reason of dependence,
shall be fixed anywhere within the range of prisión mayor in its guardianship, or vigilance, between the appellant and the
offended party that might create a high degree of confidence
between them which the appellant abused.” (People vs.
Cahilig, 731 SCRA 414 [2014])
——o0o——
_______________
** Designated additional member per Raffle dated January 5,
2015 vice Associate Justice Martin S. Villarama, Jr.
© Copyright 2018 Central Book Supply, Inc. All rights
reserved. VOL. 221, MAY 11, 1993 715
People vs. Santos
G.R. Nos. 10022526. May 11, 1993.*
PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs.RAUL
SANTOS y NARCISO, MARIO MORALES y BACANI, PETER
DOE and RICHARD DOE, accused. RAUL SANTOS y NARCISO,
accusedappellant.
Criminal Procedure; Right to Counsel; There exists no real
necessity to afford services of counsel to a suspect of a crime in the
course of a police lineup provided that said suspect is not
subjected to any investigation or interrogation in order to extract
admission or confession without the assistance of counsel.—Since
appellant Santos then had no lawyer present nor was one
provided, his counsel argues, Santos’s identification was “tainted”
and inadmissible. The argument is creative, but has no legal
basis. In Gamboa v. Cruz, the Court said that there is “no real
need to afford a suspect the service of counsel at police lineup,” a
declaration reiterated in People v. Loveria. The customary
practice is, of course, that it is the witness who is investigated or
interrogated in the course of a police lineup and who gives a
statement to the police, rather than the accused who is not waived the hearsay character of this evidence by failure
questioned at all at that stage. The Court is aware of the caveat seasonably to object to the admission of the affidavit; it is too late
in Gamboa. But there is nothing in the record of this case which in that day to raise the hearsay rule in the appellant’s
shows that in the course of the lineup, the police investigators memorandum after prosecution and defense had presented their
sought to extract any admission or confession from appellant respective cases and had made their respective offers of evidence.
Santos. The investigators did not in fact interrogate appellant Same; Defense of Alibi; Defense of alibi cannot prevail over
Santos during the lineup and he remained silent after he had the positive identification of the accused by credible witnesses,
been identified by Bautista and Bohol. especially where the witness is the victimcomplainant himself.—
Evidence; Similar Acts as Evidence; An affidavit of a In respect of the weight properly given to a defense of alibi, the
prosecution witness in a case, other than the instant one, shall be Court has, times beyond numbering, ruled that such defense is
admissible in evidence for the limited purpose of proving weak most especially when established exclusively or mainly by
knowledge, plan or scheme employed by the accused and failure to the accused himself and his relatives and not by independent and
credible persons, and that such a defense will not prevail over the
seasonably object to its admission is deemed waiver of the hearsay
positive identification made by credible witnesses, especially
character of said evidence; Case at bar.—Appellant Santos now where the witness is the victimcomplainant himself.
complains that the affidavit of Ronaldo Guerrero was hearsay
evidence, considering that the prosecution did not present APPEAL from the judgment of the Regional Trial Court of
Ronaldo Guerrero as a witness during the trial. We consider that Malabon, Br. 72.
the trial court did not commit reversible error in admitting the
Guerrero affidavit for the limited purpose for proving knowledge The facts are stated in the opinion of the Court.
or plan or scheme, and more specifically, that appellant knew The Solicitor General for plaintiffappellee.
that the particular corner of two (2) particular streets in Malabon
Valmonte Law Offices for accusedappellant.
was a good place to ambush a vehicle and its passengers.
Appellant also had
FELICIANO, J.:
_______________
Raul N. Santos appeals from a judgment of the trial court
*
THIRD DIVISION. convicting him of murder and frustrated murder.
716 On 26 October 1989, appellant Santos was charged with the
7 SUPREME COURT REPORTS ANNOTATED crimes of murder with the use of unlicensed firearms and
frustrated murder, under the following informations:
16
People vs. Santos “In Crim. Case No. 8517MN:1
That on or about the 26th day of May, 1989 in Navotas, Metro efficient medical attendance rendered to the victim at the Tondo
Manila and within the jurisdiction of this Honorable Court, the Medical Center, Manila.
abovenamed accused, conspiring, confederating together and Contrary to Law.”
mutually helping with one another, without any justifiable cause, Three (3) other persons were charged in the same informations.
with deliberate intent to kill, treachery and evident Upon request of the City Prosecutor who had conducted a re
premeditation, did then and there willfully, unlawfully and investigation of the cases, the trial court ordered the amendment
feloniously shoot GLICERIO CUPCUPIN y of the informations on 4 April 1990 so as to insert the name of one
Mario Morales, in lieu of John Doe, as a coaccused. Morales for
_______________ whom a warrant of arrest was issued, is, however, still at large.
The identities of the two (2) other accused remain unknown.
1
Records, p. 73. At arraignment, Raul Santos entered a plea of not guilty. A
717 joint trial of the two (2) criminal cases ensued, culminating in a
VOL. 221, MAY 11, 1993 717 judgment of conviction. The dispositive portion of this judgment
People vs. Santos reads as follows:
REYES with the use of unlicensed firearms of unknown caliber, “WHEREFORE, premises considered, judgment is hereby
thereby inflicting upon the latter serious physical injuries which rendered finding accused Raul Santos guilty beyond reasonable
caused his death at the Tondo Medical Center, Manila. doubt of the offenses charged against him in these cases. He is
Contrary to Law.” accordingly sentenced to two (2) prison terms as follows:
“In Crim. Case No. 8518MN:2 1. 1)In Crim. Case No. 8517MN for Murder, to life imprison
That on or about the 26th day of May, 1989 in Navotas, Metro _______________
Manila and within the jurisdiction of this Honorable Court, the
abovenamed accused, conspiring together and mutually helping 2
Id. at 71.
with one another, without any justifiable cause, with deliberate 718
intent to kill, treachery and evident premeditation did, then and 718 SUPREME COURT REPORTS ANNOTATED
there, willfully, unlawfully and feloniously shoot ALBERTO
People vs. Santos
BAUTISTA Y CAYETANO, with the use of firearms of unknown
caliber, thereby inflicting upon the latter serious physical
injuries, thus performing all the acts of execution which would 1. ment, the death penalty which should have been imposed
have produced the crime of MURDER as a consequence but which in this case having been abolished under the present
nevertheless did not produce it by reason of causes independent of Constitution;
the will of the herein accused, that is due to the timely, able and
2. 2)In Crim. Case No. 8518MN for Frustrated Murder, to a could not say if there were other persons who shot at him and
prison term ranging from SIX (6) YEARS of prision Cupcupin. After hearing a shout that the ambushers were no
correccional, as minimum to TWELVE (12) YEARS longer around, he learned that a woman bystander was hit and
was boarded on a jeep to be brought to the hospital. He was
of prision mayor as maximum.
boarded on said jeep too but later transferred to a tricycle
somewhere at Bayanbayanan. Bautista was brought to the
Accused Santos is also ordered to proportionately pay the
Martinez General Hospital and to the Mary Johnston Hospital
heirs of Glicerio Cupcupin the sum of P30,000.00 for the loss of
where he was treated. Bautista was operated on (Exhs. B, B1, C,
the latter’s life and to pay said heirs, proportionately also,
D and E). Upon the apprehension of accused Santos, Bautista
P100,000.00 by way of indemnification for the expenses incurred
went to the police headquarters where he
in connection with Cupcupin’s death.
Costs against accused in both cases. _______________
SO ORDERED.”3
The relevant facts as found by the trial court are the following: 3
Id., p. 191; underscoring in the original.
“Glicerio Cupcupin and Alberto Bautista were riding on a jeep
719
driven by the former on May 26, 1989. At around 11:45 o’clock in
VOL. 221, MAY 11, 1993 719
the morning of said date, the jeep was at a stop at the corner of
Estrella and Yangco Streets in Navotas, Metro Manila and was People vs. Santos
about to make a right turn when two (2) persons armed with picked out from a lineup accused Raul Santos. In another line
short guns approached the jeep and fired at Cupcupin and up, he also picked out accused Morales. Bautista also gave a
Bautista. Cupcupin was hit several times in different parts of his sworn statement narrating the shooting incident (Exh. F).
body and he died as a result of the multiple gunshot wounds he Police Aide Victorino Bohol was on duty and directing traffic
sustained (Exh. V). Bautista sustained gunshot wounds, one at at the corner of Plaza Rizal and Estrella Streets when he heard
the left thigh, one in the lower abdomen, one at the back of the gunshots. When he looked around he saw two (2) persons who
right foot and another at the back of the body. Bautista was able were holding Cal. 45 pistols firing at persons on board a stainless
to run away even as he was being fired upon. He took cover in a steel owner jeep. Bohol was not able to approach the men firing
store. The one firing the gun at him was a man he later identified their guns because he was not provided with a gun. What he did
to be accused Raul Santos. The other one which he saw similarly was to run to headquarters to call for policemen and when he
firing his gun was aiming at Cupcupin. He identified the man to returned to the scene of the shooting he learned that one of the
be one Mario Morales. He added that he saw Cupcupin hit by passengers of the jeep was killed. He learned also that the slain
gunshots at the left side of the body near the waist which made man was Glicerio Cupcupin and that his companion was Alberto
Cupcupin falloff the steering wheel. After running away, Bautista alias “Tiwa”. Bohol also added that there were two (2)
Bautista could not remember anymore what else happened. He other persons who were also firing at the passengers of the jeep
although he did not recognize these two (2) other persons. After
the arrest of accused Santos, Bohol was called to the police station 720
and through a oneway mirror he was able to identify accused 720 SUPREME COURT REPORTS ANNOTATED
Santos as one of the persons who shot Cupcupin and Bautista. People vs. Santos
Bohol also gave a sworn statement to the police (Exh. A). spent in connection with the death of her husband who was
On crossexamination, Bohol admitted that at the time of the earning P5,000.00 a month as a businessman dealing in junk
shooting he was at the Jim Bread Store talking to someone. When materials and marble.4
he heard gunshots he stood up at once and saw four (4) men firing The trial court found that the accused Raul Santos had been
their guns at the same time at the jeep. He added that the identified positively by the surviving victim of the shooting
accused was arrested some months later in connection with incident—Alberto Bautista, and by the Traffic Aide who had
another shooting incident wherein Santos was suspected of witnessed the execution of the crime—Victorino Bohol. The
involvement. He confirmed that Bautista was being shot at while defense of alibi offered by the accused and supported by the
running away from the place. testimonies of a friend and a sister, was rejected as weak and
Cpl. Sabino Patood of the Navotas Police declared that he was unavailing. As noted, a judgment of conviction followed.
investigating a shooting incident which resulted in the death of In his appeal, Raul Santos assigns the following as errors
one Abdul Rosas wherein the suspect was accused Santos when committed by the trial court:
he was tipped by police intelligence operatives that Santos was
involved in the ambush of Cupcupin. This made him conduct 1. “ithe lower court erred in holding that accused’s
further investigation by calling for Bautista and Bohol. Patood identification by prosecution’s witnesses was ‘positive’
also interviewed Santos who admitted his participation in the and, therefore it erred when it rejected accused’s defense
ambush to him. He did not take any written statement from of alibi.
accused Santos because there was no counsel available at that
time and because Santos was not willing to give any written
2. “iithe lower court erred in considering one of the two cases
statement.
(not the instant ones) filed against the accused in
Dr. Maximo Reyes of the NBI Medico Legal Division
holding also for his guilt.
performed an autopsy on the cadaver of victim Cupcupin and
found out that the latter sustained nineteen (19) gunshot wounds
in different parts of his body. The cause of death was severe 3. “iiithe lower court erred in convicting the accused.”5
hemorrhage secondary to multiple gunshot wounds. Dr. Reyes
added that the assailants were probably at the left side of the In respect of the first assigned error, appellant Santos contends
victim as they were shooting at the latter with the victim possibly that the testimonies of the principal prosecution witnesses do not
seated at the time he was shot and hit. conform with the “knowledge and common experience of
The victim’s wife Lucia Cupcupin declared that P100,000.00 mankind.” Appellant argues that the two (2) prosecution
was witnesses, the victim Bautista and Police Aide Bohol, testified
that they saw the accused for the first time in their lives when the Aide Bohol, had a duty to maintain law and order. Alberto
crime was committed and yet identified him as one of the gunmen Bautista who had been riding on a jeep and who escaped death
five (5) months later in the Police Headquarters in Navotas. The (but not gunshot wounds) by reason of his quick reflexes, had
ambuscade and the slaying of Glicerio Cupcupin happened on 26 every reason to remember the faces of those whom he saw firing
May 1989; appellant Santos was identified at the police station on at the jeep and at himself. This has been recognized a number of
25 October 1989. Appellant argues that this lapse of time was times in our case law. In People v. Jacolo, et al.,6 the Court said:
unreasonable, which, when coupled with the brief, limited and “[W]hile evidence as to the identity of the accused as the person
obstructed view which the prosecution witnesses had of the who committed the crime should be carefully analyzed, x x
gunmen at the time of the shooting, casts serious doubt on the x ‘where the conditions of visibility are favorable and the witness
accuracy and reliability of the identification by the witnesses.
does not appear to be biased against the man on the dock, his or
Appellant’s argument does not persuade.
her assertions as to the identity of the malefactor should normally
_______________ be accepted. And this is more so where the witness is the victim or
his nearrelative, as in this case, because these (people) usually
Id. at 19294. strive to remember the faces of the assailants.’ ”7 (Italics supplied).
4
5
Rollo, pp. 6364; Appellant’s Brief, pp. 67. Appellant Santos also contended that Police Aide Bohol could not
721 have had a clear view of the ambuscade and the shooting of
VOL. 221, MAY 11, 1993 721 Cupcupin since he (Bohol) was situated on the left side of the
People vs. Santos gunmen. As observed by the Solicitor General, however, the trial
Police Aide Bohol was only about twelve (12) armlengths away court had pointed out that “if he [Bohol] was to the front right of
from the ambush vehicle. The ambush slaying occurred under
conditions of high visibility: the victim Cupcupin was shot to _______________
death at 11:45 o’clock in the morning, in good weather, when the
sun was almost at its zenith. On crossexamination, Bohol stated
6
G.R. No. 94470, 16 December 1992.
that there were no passing vehicles that blocked his view of the
7
People v. Jacolo, et al., G.R. No. 94470, December 16,
slaying of the victim as the vehicles stopped some distance away 1992; People v. Alvarez, 169 SCRA 731 (1989); People v.
from the jeep when the shooting began. In addition, Bohol Bernat, 120 SCRA 918 (1983).
testified that he saw one of the gunmen take a wrist watch and a 722
gun from Cupcupin’s lifeless body. Clearly, Bohol had the 722 SUPREME COURT REPORTS ANNOTATED
opportunity to observe the extraordinary and startling events People vs. Santos
which unfolded on the corner of two (2) busy streets almost at the jeep” then he must [have been] a little by the left side of the
high noon, events which may be expected to leave a strong persons firing at the jeep x x x.” 8 “Bohol’s view, therefore,” the
impression upon the minds of an eyewitness who, like Police Solicitor General continued, “was not limited to the left side of the
assailants, especially since he was able to see them [the gunmen] _______________
move around the site of the ambush after they [had] stopped
firing, specifically when one of them stripped victim Cupcupin of 8
TSN, 7 February 1990, p. 27.
his gun and jewelry and they all walked away from that 9
Appellee’s Brief, pp. 56; TSN, 10 January 1990, pp. 1315.
place.”9 The trial court obviously concluded that Bohol had ample 723
opportunity actually to observe the events on which he testified, VOL. 221, MAY 11, 1993 723
and we find no basis for overturning this conclusion of the trial People vs. Santos
court. course of the police lineup, at the police station where he was
In respect of the identification by Bautista, accused also identified by the prosecution witnesses. This argument, of course,
suggests that Bautista had no real opportunity to see and impress assumes that during the police lineup, accused was under
upon his memory the faces of the assailants. In his testimony, custodial investigation, a stage which, per the appellant, began
Bautista stated that two (2) men armed with handguns suddenly the instant the police suspected him of involvement in the
approached the jeep in which he and Cupcupin were riding. He ambuscade. Since appellant Santos then had no lawyer present
agreed that his attention had been “focused” (defense counsel’s nor was one provided, his counsel argues, Santos’s identification
own language) on vehicles passing along Estrella Street as was “tainted” and inadmissible. The argument is creative, but has
Cupcupin maneuvered the jeep to turn right at the corner and to no legal basis. In Gamboa v. Cruz,10 the Court said that there is
head towards Navotas. When the assailants started shooting, “no real need to afford a suspect the service of counsel at police
Bautista jumped from the jeep, was hit on the left thigh and other
lineup,”11 a declaration reiterated in People v. Loveria.12 The
parts of the body, but managed to run for cover from repeated
customary practice is, of course, that it is the witness who is
shots or bursts of gunfire. Bautista testified further that he was
investigated or interrogated in the course of a police lineup and
shot by appellant Raul Santos while Morales pumped bullets into
who gives a statement to the police, rather than the accused who
Cupcupin; that the gunmen fired at Cupcupin and Bautista from
is not questioned at all at that stage. The Court is aware of the
close range, Morales being a mere half an armlength to the left of
Cupcupin while appellant Santos was about two (2) armlengths caveat in Gamboa.13 But there is nothing in the record of this case
away from the ambushed jeep; and that Bautista saw his which shows that in the course of the lineup, the police
companion, Cupcupin, slump on the steering wheel as the bullets investigators sought to extract any admission or confession from
crashed into him. Once more, the trial court was led by the above appellant Santos. The investigators did not in fact interrogate
circumstances to conclude that Bautista had adequate appellant Santos during the lineup and he remained silent after
opportunity to see appellant Santos and to retain his face in his he had been identified by Bautista and Bohol.
memory. We find no basis for rejecting this factual conclusion of Appellant Santos’s second contention is that there had been
the trial court. “improper suggestiveness” in the course of the police lineup
Appellant Santos makes two (2) additional arguments. Firstly, amounting to an uncounselled confession. In effect, defense
he complains that he was not afforded his right to counsel in the counsel claims that Bautista and Bohol were induced by the
police investigators to point to appellant Santos as one of the No, sir. Somebody approached me and said, iyan po.But before answering,
gunmen. The record does not show that the police investigators I made a very careful look at the person.”14
had coached Bautista. Appellant Santos’ counsel directed the We are not convinced, however, that the phrase “iyan
attention of this Court to a portion of Bohol’s testimony during
po”constituted an “improper suggestion,” certainly not in the
crossexamination, to wit:
context of a situation where, as here, appellant Santos was
_______________ identified successively by Bautista and Bohol from a group of
persons. We consider that the phrase “iyan po” is too cryptic.
10
162 SCRA 643 (1988). What this Court warned against in People v. Acosta,15 i.e., against
11
162 SCRA at 651. an identification process that was “pointedly suggestive, or
12
187 SCRA 47 (1990). generated confidence when there was none, activated visual
13
“. . . the moment there is a move or even an urge of said imagination, and all told, subverted [a person’s] reliability as [an]
investigators to elicit admissions or confessions or even plain eyewitness [..],” has not been successfully shown in the case at
information which may appear innocent or innocuous at the time, bar.
from said suspect, he should there and then be assisted by Appellant Santos next seeks to assail the credibility of
counsel, unless he waives the right, but the waiver shall be made Bautista and Bohol by citing supposed inconsistencies between
in writing and in the presence of counsel.” (Gamboa, 162 SCRA statements made in their affidavits before trial and their
651). testimony given in the course of the trial. Appellant’s counsel
724 complains16 that while witness Bohol could recall the gunmen’s
724 SUPREME COURT REPORTS ANNOTATED general appearance, he could not remember the kind of shoes that
appellant Santos was wearing nor the color of their guns; that he
People vs. Santos
had stated in his sworn statement that he had picked out
“Atty. Valmonte:
appellant Santos from a lineup consisting of seven (7) persons,
Alright, that somebody who told you to go to the office of Capt. Puzon you while he testified in open court that he had identified appellant
were informed that on the other side of the office of Capt. Puzon there was when the latter was together with only one (1) detainee in the
already the person whom they would like to identify? investi
Victorino Bohol:
Yes, sir. _______________
Atty. Valmonte: 14
TSN, 14 February 1990, at 27.
And was there somebody who asked you who among those in the 15
See People v. Acosta, 187 SCRA 39, 45 (1990).
investigation room the person whom you saw? 16
Appellant’s Brief, pp. 1418; Rollo, pp. 7173.
Victorino Bohol: 725
VOL. 221, MAY 11, 1993 725 testimony of a witness tend to strengthen rather than to weaken
People vs. Santos the credibility of the witness as they erase any suspicion of
gation room of the police station; that Bohol had initially stated rehearsed testimony.20
that Bautista was driving the jeep but on direct examination, he
_______________
stated that it was Cupcupin instead who had been driving the
jeep; that in his sworn statement, Bohol had claimed that he was 17
See TSN, 10 January 1990, pp. 2628.
directing traffic when he first heard gunshots, but on cross 18
Appellee’s Brief, p. 10.
examination, stated that at that point he was engaged in taking 19
People v. Salviero, 198 SCRA 357 (1991); People v.
his merienda. Espiritu, 191 SCRA 503 (1990).
Close examination of the record will, however, show that the 20
People v. Kalubiran, 196 SCRA 447 (1991); People v.
supposed inconsistencies adduced by appellant Santos are either Lagota, 194 SCRA 92 (1991); People v. Martinada, 194 SCRA
nonexistent or clearly minor and inconsequential in character. 36 (1991); People
The fact that witness Bohol might not have remembered the kind 726
of shoes appellant Santos was wearing on that violent occasion
726 SUPREME COURT REPORTS ANNOTATED
nor the color of the gunmen’s weapons, is clearly inconsequential
People vs. Santos
Close scrutiny of the sworn statement of Bohol (Exhibit “A”) does
not reveal any statement that he (Bohol) had picked out appellant In his second assignment of error, appellant Santos in effect
Santos from a seven (7)person lineup nor does the transcript questions the trial court for admitting a sworn statement by one
show that witness Bohol had identified appellant Santos when Ronaldo Guerrero (Exhibit “EE”), a witness in another criminal
appellant was alone with only one detainee in the investigation case (Criminal Case No. 8117) where appellant Santos was also
room at the police station,17Appellant’s counsel did not document charged with the murder of one Daniel Nuguera which had taken
his averments. Moreover, as pointed out by the Solicitor place in the very same site where Bautista and Cupcupin were
General,18whether a police lineup consisted of two (2) or seven (7) ambushed, i.e., at the corner of Yangco Street and Estrella Street,
persons is actually immaterial since a police lineup is not Malabon, Metro Manila. When the prosecution first presented the
essential to a proper and positive identification. 19 Whether it was sworn statement of Guerrero in order to show criminal propensity
Bautista or Cupcupin who had been driving the jeep and whether on the part of appellant Santos, the defense objected to admission
of such sworn statement; the trial court sustained the objection
Bohol was directing traffic or enjoying his merienda when the
and rejected the evidence for the purpose it was initially offered.
first gun shots rang out, cannot be regarded as critical in nature;
However, the trial court admitted the same as falling within one
such questions do not detract from the basic facts that Bohol was
or more of the exceptions set out in Section 34, Rule 130 of the
in a position to see and did see the ambush and the shooting of
Rules of Court, which reads:
Cupcupin and Bautista and saw both assailants and the victims.
The entrenched principle is that minor inconsistencies in the “Sec. 34. Similar Acts as Evidence.—Evidence that one did or did
not do a certain thing at one time is not admissible to prove that
he did or did not do the same or a similar thing at another time; positive identification of appellant Santos as one of the gunmen
but it may be received to prove a specific intent by Bautista and Bohol.
or knowledge, identity, plan, system, scheme, habit, custom or That it took the police authorities five (5) months to locate and
apprehend appellant Santos who, it turned out, resided close by
usage and the like.” (Italics supplied).
the very locale of the ambushslaying, did not in any way weaken
Appellant Santos now complains that the affidavit of Ronaldo
the evidence of the prosecution or detract from the conclusions
Guerrero was hearsay evidence, considering that the prosecution
reached by the trial court. The length of that period of time shows
did not present Ronaldo Guerrero as a witness during the trial.
only that police procedures are not always as efficient as they
We consider that the trial court did not commit reversible error in
could be and that witnesses are frequently reluctant to volunteer
admitting the Guerrero affidavit for the limited purpose for
information to the police authorities in criminal cases, a point
proving knowledge or plan or scheme, and more specifically, that
noted so frequently as to have become a matter of judicial notice. 22
appellant knew that the particular corner of two (2) particular
Finally, we come to the defense of alibi which appellant Santos
streets in Malabon was a good place to ambush a vehicle and its
raised before the trial court and which was recounted by the trial
passengers. Appellant also had waived the hearsay character of
court in the following manner:
this evidence by failure seasonably to object to the admission of
“Accused Raul Santos, after denying the accusations against him,
the affidavit; it is too late in that day to raise the hearsay rule in
insisted that he was on the date and time that Cupcupin and
the appellant’s memorandum after prosecution and defense had
Bautista were ambushed somewhere in Ibaan, Batangas to which
presented their respective cases and had made their respective
place he went on May 20, 1989, because his sister Teresita
offers of evidence.21 Finally, and in any case, as pointed out by
received a subpoena in a case involving one Apolonio Nuguera
the
and which subpoena was given to him by another sister named
Isabel. Accused Santos claimed that he was surprised and
_______________
confused by said subpoena (Exh. 2) and had to go to Batangas
v. Calixto, 193 SCRA 303 (1991). while his sisters are verifying the complaint against him. Accused
21
TSN, 25 July 1990, pp. 2425; TSN, 1 August 1990, pp. 13 Santos also maintained that from the time he left the place on
18; Records, pp. 575580. See People v. Nebreja, 203 SCRA June 12, 1989, he remained continuously in said place.
45 (1991); x x x x x x x x x
727 The testimony of accused Santos regarding his stay in
Batangas was corroborated by Melinda David in whose house he
VOL. 221, MAY 11, 1993 727
stayed and by his sister Isabel Santos.”23
People vs. Santos
In respect of the weight properly given to a defense of alibi,
Solicitor General, the exclusion of the Guerrero affidavit would the Court has, times beyond numbering, ruled that such defense
not result in any change in the result reached by the trial court. is weak most especially when established exclusively or mainly by
For that result is essentially and adequately based upon the the accused himself and his relatives and not by independent and
credible persons,24and that such a defense will not prevail over deserve only scant consideration.—Be that as it may, recantations
the positive identification made by credible witnesses, 25 especially are frowned upon by the courts. A recantation of a testimony is
where the witness is the victimcomplainant himself. exceedingly unreliable, for there is always the probability that
WHEREFORE, for all the foregoing, we hold that the such recantation may later on be itself repudiated. Courts look
judgment of conviction rendered by the trial court must be, and it with disfavor upon retractions, because they can easily be
is hereby, AFFIRMED with the following modifications: the civil obtained from witnesses through intimidation or for monetary
indemnity payable to the heirs of Glicerio Cupcupin shall be consideration. A retraction does not necessarily negate an earlier
INCREASED to P50,000.00; the penalty of life imprisonment in declaration. Especially, recantations made after the conviction of
Criminal Case No. 8517MN shall be CHANGED to reclusion the accused deserve only scant consideration.
perpetua, which is the proper imposable penalty under the Same; Same; Same; The pardon to justify the dismissal of
Revised Penal Code. Costs against appellant. the complaint should be made prior to the institution of the
SO ORDERED. criminal action.—Any recantation or affidavit of desistance, by
Bidin, Davide, Jr., Romero and Melo, JJ., concur. itself, even when construed as a pardon in the socalled “private
Judgment affirmed with modification. crimes,” is not a ground for the dismissal of the criminal case once
Note.—Hearsay evidence whether objected to or not has no the action has been instituted. The pardon to justify the dismissal
probative value (People vs. Nebreja, 203 SCRA 45). of the complaint should be made prior to the institution of the
The suspects, under custodial investigation, have the criminal action. Parenthetically, the crime in the case at bar was
constitutional right to counsel (People vs. Cavite, 203 SCRA 383). committed in 1996, i.e., prior to the passage of the R.A. 8353, the
AntiRape Law of 1997, which reclassified rape as a crime against
——o0o—— persons.
Same; Same; Same; An affidavit of recantation, being
VOL. 353, MARCH 1, 2001 339 usually taken ex parte, would be considered inferior to the
People vs. Nardo testimony given in open court.—Even if it were sworn, Lorielyn’s
G.R. No. 133888. March 1, 2001.* recantation could hardly suffice to overturn the finding of guilt by
PEOPLE OF THE PHILIPPINES, plaintiff the trial court which was based on her own clear and convincing
appellee, vs.ALFREDO NARDO y ROSALES, accusedappellant. testimony, given during a fullblown trial. An affidavit of
recantation, being usually taken ex parte, would be considered
Criminal Law; Rape; Evidence; Courts look with disfavor
inferior to the testimony given in open court. It would be a
upon retractions, because they can easily be obtained from dangerous rule to reject the testimony taken before a court of
witnesses through intimidation or for monetary justice simply because the witness who gave it later on changed
consideration; Retraction does not necessarily negate an earlier his/her mind for one reason or another. Such a rule would make a
declaration; Recantations made after the conviction of the accused
solemn trial a mockery, and place the proceedings at the mercy of finds said testimony to be credible, natural, convincing, and
unscrupulous witnesses. consistent with human nature and the course of things.
Same; Same; Same; Inconsistencies in the testimony of
_______________ prosecution witnesses with respect to minor details and collateral
matters do not affect either the substance of their declaration,
*
EN BANC.
340 their veracity, or the weight of their testimony.—Minor
3 SUPREME COURT REPORTS ANNOTATED inconsistencies do not affect the credibility of witnesses, as they
may even tend to strengthen rather than weaken their credibility.
40
Inconsistencies in the testimony of prosecution witnesses with
People vs. Nardo
respect to minor details and collateral matters do not affect either
Same; Same; Same; As a rule, Court does not disturb the the substance of their declaration, their veracity, or the weight of
findings by the trial court on the credibility of witnesses.—As their testimony. Such minor flaws may even enhance the worth of
stated, the trial court arrived at its finding of guilt after a careful a testimony, for they guard against memorized falsities. Besides,
assessment of the evidence presented, foremost of which was the a rape victim can not be expected to recall vividly all the sordid
testimony of the victim in open court, where the trial judge was details of the violation committed against her virtue.
able to personally evaluate her manner of testifying, and from Same; Same; Same; Alibi; In order to overcome the evidence
there reach a studied opinion as to her credibility. As a rule, we of the prosecution with the defense of alibi, accusedappellant
do not disturb the findings by the trial court on the credibility of
must establish not only that he was somewhere else when the
witnesses, for the trial court is in a better position to pass upon
the same. crime was committed but also that it was physically impossible for
Same; Same; Same; It is settled that a person accused of rape him to have been at the scene of the crime at the time it was
can be convicted solely on the testimony of the victim if the trial committed.—As against the positive and categorical testimony of
Lorielyn, accusedappellant can only proffer the defense of alibi.
court finds said testimony to be credible, natural, convincing, and
However, in order to overcome the evidence of the prosecution
consistent with human nature and the course of things.—We find
341
nothing in the records which would indicate that the findings of
VOL. 353, MARCH 1, 2001 341
fact of the trial court are not supported by the evidence or were
arrived at in manifest or palpable error, such as to warrant a People vs. Nardo
departure from the foregoing rule. The trial court was correct in with the defense of alibi, he must establish not only that he
lending credibility to the testimony of Lorielyn. The sole was somewhere else when the crime was committed but also that
testimony of Lorielyn was sufficient to establish the guilt of it was physically impossible for him to have been at the scene of
accusedappellant. It is settled that a person accused of rape can the crime at the time it was committed. In the instant case, the
be convicted solely on the testimony of the victim if the trial court testimonies for the defense sought to establish that accused
appellant was 400 to 500 meters, or 15 minutes, away from the _______________
scene of the crime. This hardly qualifies as proof that it was
physically impossible for him to be at the scene of the crime when 1
Certificate of Baptism, Exhibit “D.”
it was committed. Accusedappellant’s defense of alibi must, 342
therefore, necessarily fail. 342 SUPREME COURT REPORTS ANNOTATED
AUTOMATIC REVIEW of the decision of the Regional Trial Court People vs. Nardo
of Legazpi City, Albay, Br. 3. cry, while Alfredo took off his clothes. Then, he lay on top of her
The facts are stated in the opinion of the Court. and had sexual intercourse with her. He kissed her from the neck
The Solicitor General for plaintiffappellee. down. She tried to free herself but Alfredo took hold of a knife
Public Attorney’s Office for accusedappellant. from a nearby cabinet and pointed it at her right ear. He
threatened to kill their whole family if Lorielyn told anyone what
PER CURIAM: he did. When he was finished, Alfredo left the house. During all
this time, Lorielyn’s mother, Elizabeth Nardo, was washing
This case is before this Court on automatic review from the clothes about five houses away.2
Regional Trial Court of Legazpi City, Albay, Branch III, which Elizabeth returned home at about 3:00 o’clock p.m. She saw
imposed on accusedappellant the death penalty for rape in Lorielyn crying while washing the dishes. She asked Lorielyn why
Criminal Case No. 7170. she was crying, but her daughter said nothing.3
The victim, Lorielyn R. Nardo, is the eldest daughter of On March 19, 1996, Lorielyn was washing clothes when her
accusedappellant. She was born on September 11, 1981 and, at father approached her and whispered, “We will play tonight near
the time of the incident, was fourteen (14) years old.1 the river.” Lorielyn understood this to mean that her father
On February 24, 1996, around noon, Lorielyn was in their wanted to have sexual intercourse with her again. She finished
house located in Barangay 3, Camalig, Albay, together with her the laundry and left the house. She took a passenger jeepney to
father, accusedappellant Alfredo Nardo, two younger brothers, Barangay Libod, Camalig, Albay and proceeded to the house of
Leonel and Louie, and maternal grandfather, Vicente Remot. At her aunt, Carol Navera. She stayed there until her aunt arrived
1:30 o’clock in the afternoon, after they had lunch, Vicente left for at around 5:00 o’clock in the afternoon. When it became late,
work. Alfredo told his sons, Leonel and Louie, to go out. He then Carol told Lorielyn to go home, but she decided to spend the night
ordered Lorielyn to get his cigarettes in his bedroom. When at her aunt’s house because she was afraid to undergo the ordeal
Lorielyn went inside the bedroom, her father followed her. He from her father again.4
embraced Lorielyn from behind and began mashing her breasts. The next day, Lorielyn’s brother, Leonel, was sent by her
Lorielyn pleaded, “Papa, please stop it Have mercy.” Her father father to fetch her, but she refused to go with him. Her aunt
ignored her. Instead, he undressed her and pushed her to the bed. asked her again why she did not want to go home. She merely
Lorielyn started to said she had a problem. She slept at her aunt’s house again that
night. The following day, her mother came to fetch her. Lorielyn Camalig, Province of Albay, Philippines, and within the
told her mother she did not want to go home. She said, “Mama, jurisdiction of this Honorable Court, the abovenamed accused,
do you want me to become pregnant in that house?” Her mother being the father of the herein victim, with lewd and unchaste
design, by means of violence, force and intimidation, armed with
asked, “Who will impregnate you there?” Lorielyn replied, “Your
a knife, did then and there willfully, unlawfully and feloniously
husband.”Her mother retorted that Alfredo could not do that to
have carnal knowledge with her (sic) own daughter, LORIELYN
her, then left.5
R. NARDO, a 14 year old girl, against her will and consent, to her
Lorielyn stayed at her aunt’s house until March 22, 1996. On
damage and prejudice.
that date, Carol again asked Lorielyn what her problem was. Fi
ACTS CONTRARY TO LAW.9
At the arraignment on August 8, 1996, accusedappellant pleaded
_______________
not guilty.10
2
TSN, April 2, 1997, pp. 59; p. 28. The prosecution presented Dr. Melvyn Orbe, who testified on
the following findings as a result of his examination of the victim,
3
Ibid., p. 11.
Lorielyn Nardo:
4
Id., pp. 1416. Pelvic Examination:
5
Id., pp. 1719.
343 whitish to yellowish discharge
VOL. 353, MARCH 1, 2001 343
People vs. Nardo irritation lateral aspect of the posterior vulva at 3 o’clock
nally, she told her aunt that her father raped her. Immediately,
Carol went to report the matter to the police. She later returned _______________
home with two policemen, and together they brought Lorielyn to
the Camalig Police Station. The rape was entered in the police 6
Exh. “C.”
blotter.6 The policemen then brought Lorielyn to the Municipal 7
Exh. “A.”
Health Office of Camalig, Albay, where she was examined by Dr. 8
Exh. “E.”
Melvyn P. Orbe, the Municipal Health Officer. 7 From there 9
Record, p. 2.
Lorielyn was brought to the Municipal Trial Court of Camalig 10
Id., p. 47.
Albay to file a formal complaint for rape against her father, 344
Alfredo Nardo.8 344 SUPREME COURT REPORTS ANNOTATED
On May 29, 1996, an Information for rape was filed against
People vs. Nardo
Alfredo Nardo, charging as follows:
That on or about the 24th day of February 1996, at more or less
1:30 o’clock in the afternoon, at Brgy. No. 3, Municipality of
* healed laceration hymenal in origin posterior aspect of Lorielyn’s birth certificate was burned in the Municipal Building
the fourchet11 of Misamis Orien
Dr. Orbe stated that based on these findings, it is possible that _______________
Lorielyn had sexual intercourse.12
Carolina Navera, testifying for the prosecution, corroborated
11
Exh. “A.”
Lorielyn’s statement that the latter went to her house on March
12
TSN, November 5, 1996, p. 8.
20, 1996. Lorielyn cried and told her that she did not want to go
13
TSN, November 6, 1996, pp. 510.
home because she had a problem. Elizabeth, Lorielyn’s mother,
14
Exh. “B”
came to fetch her but she refused to go home, saying that she was
15
TSN, November 6, 1996, pp. 1316.
raped by her father. Upon hearing this, Elizabeth left and told
16
TSN, December 16, 1996, p. 6.
Carolina not to let Lorielyn leave her house. After Elizabeth was 345
gone, Carolina went to the police station. She returned later with VOL. 353, MARCH 1, 2001 345
two policemen, who then brought Lorielyn to the police People vs. Nardo
headquarters.13 tal.17 However, Elizabeth presented and identified Lorielyn’s
Ma. Francia Aguilar, the social welfare officer of the baptismal certificate showing that she was born on September 11,
Department of Social Welfare and Development, also testified 1981.18
that in the evening of March 22, 1996, she responded to a report The defense, on the other hand, presented lawyer Santer G.
of a rape incident. She met the victim, Lorielyn Nardo, at the Gonzales, the employer of accusedappellant. He testified that
house of Cely Bantog, a social worker, at Camalig, Albay. She accusedappellant worked as a helper at his farm in Quirangay,
interviewed Lorielyn and her mother, Elizabeth, for the purpose Camalig, Albay. On February 24, 1996, accusedappellant arrived
of preparing a Social Case Study Report. 14 Thereafter, she at his farm before 8:00 o’clock in the morning. He was followed by
endorsed Lorielyn to the DSWD Center for Girls in Sorsogon, his fatherinlaw, Vicente Remot, who lived with him in the same
Sorsogon to undergo therapeutics.15 house. It started to rain hard, so they decided not to work that
SPO3 Jose Nuylan, a member of the Camalig police force, day. Vicente Remot went home at around 8:30 or 9:00 o’clock in
testified that he investigated the rape incident and took the the morning. Accusedappellant stayed behind. After a while,
statement of Lorielyn Nardo.16 Paterno Ramas, a neighbor of Atty. Gonzales, arrived. They
Elizabeth Nardo, the victim’s mother, was called to the started to drink. None of them left the farmhouse since Atty.
witness stand. She testified that she and Alfredo are not married, Gonzales kept bottles of gin and cigarettes in stock. They were
but they have been living together. They have seven children, the joined later in the afternoon by Didjo Mujar, another friend of
eldest of whom is Lorielyn. She stated that Lorielyn was born on Atty. Gonzales. They drank about five bottles of gin and sang
September 11, 1981 at Anei, Claveria, Misamis Oriental; that while Atty. Gonzales played the guitar. The rain subsided at
around 3:30 o’clock in the afternoon, so they stopped drinking. At
4:00 o’clock in the afternoon, accusedappellant left.19 The farm is Lorielyn, Lewcherd, Lailani, Leonel, Louie Boy and Leo Boy. All
located around 400 to 500 meters away from Barangay 3, where her children were at home because it was a Saturday. She
accusedappellant and the victim reside, and can be reached in 15 claimed that Lorielyn filed the complaint for rape against her
minutes.20 father because he was very strict with her. She learned from
When asked to comment on the victim, Lorielyn Nardo, Atty. Lorielyn’s best friend that she had a problem with her boyfriend,
Gonzales described her as one capable of telling a lie. He narrated a certain Erwin Loreno. At one time, Lorielyn asked permission to
that once, she went to his farm to collect the amount of P50.00 as attend a holy retreat, but Elizabeth found out from the school
daily wage of her grandfather, Vicente Remot, but she gave only that there was no such retreat. Lorielyn lied on another occasion,
P35.00 to her mother. Elizabeth thus went to Atty. Gonzales’ to when she told Mrs. Bonifacia “Paz” Nieva that her grandfather
ask about the deficiency. They later learned from Lorielyn’s was sick so she can borrow money.23
younger sister that she spent the missing P15.00 on snacks.21 Mrs. Bonifacia Nieva testified that her daughter was a
Vicente Remot, accusedappellant’s fatherinlaw, corroborated classmate of Lorielyn. Once, Lorielyn visited her saying that she
Atty. Gonzales’ testimony that he reported for work at the latter’s was sent by Elizabeth to borrow money because her grandfather
farm in the morning of February 24, 1996, but he was unable to was sick. Mrs. Nieva gave Lorielyn P200.00. Later, when she
went to see Elizabeth to collect payment, she found out that
_______________ Lorielyn’s grandfather did not get sick. Lorielyn admitted to her
that she lied about it to be able to borrow money.24
17
TSN, February 11, 1997, pp. 34. The prosecution recalled Lorielyn to the witness stand by way
18
Exh. “D.” of rebuttal evidence. She refuted Atty. Gonzales’ statement that
19
TSN, June 9, 1997, pp. 37, 12; Exh. “5.” she did not turn over in full the salary of her grandfather in the
20
Ibid., p. 8. amount of P50.00. She denied that she lied to her mother about a
21
Id., p. 7. holy retreat held by her school. Anent the amount of P200.00 she
346 borrowed from Mrs. Nieva, she asserted that it was her father
346 SUPREME COURT REPORTS ANNOTATED who ordered her to do that, and that she gave the whole sum of
P200.00 to him.25
People vs. Nardo
work because of the rain, so he went home instead, leaving
_______________
accusedappellant in the farm. At 1:00 o’clock in the afternoon of
that day, he was at home watching television with Elizabeth and 22
Id., pp. 1416.
his grandchildren, including Lorielyn. He refuted Lorielyn’s claim 23
TSN, July 10, 1997, pp. 410.
that he left after lunch to work, saying that he stayed in the 24
TSN, August 11, 1997, pp. 35.
house the whole afternoon since it was raining.22 25
TSN, October 7, 1997, pp. 36.
Elizabeth also testified that on February 24, 1996, she was at
347
home watching television with her father and children, namely,
VOL. 353, MARCH 1, 2001 347 Nardo the amount of Fifty Thousand Pesos (P50,000.00) for moral
People vs. Nardo damages.
On clarificatory questioning by the presiding judge, Lorielyn For humanitarian reasons, however, it is recommended that
maintained that her grandfather, Vicente Remot, indeed came the DEATH penalty be commuted to RECLUSION PERPETUA.
home in the morning of February 24, 1996, but he left again to go
_______________
to Atty. Gonzales’ farm after lunch. That afternoon, her mother
was at the public faucet located far away from their house
washing clothes. The judge wondered aloud why she was doing
26
Ibid., pp. 913.
the laundry in the afternoon when this is usually done in the
27
TSN, November 24, 1997, pp. 311.
morning. Lorielyn replied that her mother had started doing the
28
Ibid., pp. 1316.
laundry in the morning but that she was not able to finish it, so 348
she returned in the afternoon to continue her chore. She denied 348 SUPREME COURT REPORTS ANNOTATED
having any male friends, saying all her friends are girls. When People vs. Nardo
asked once more by the judge, Lorielyn reiterated that her father SO ORDERED.29
had sexual intercourse with her.26 Accusedappellant raises the following assignment of errors:
Carolina Nieva and Elizabeth Nardo were presented as
surrebuttal witnesses. They testified in sum that Lorielyn had a I
boyfriend.27
Accusedappellant was presented as the last witness. He THE TRIAL COURT ERRED IN GIVING CREDENCE TO THE
denied that he raped his daughter on February 24, 1997, saying TESTIMONY OF THE VICTIM LORIELYN AND
that he was at the farm of Atty. Gonzales. He scolded Lorielyn DISREGARDING THE EVIDENCE FOR THE DEFENSE.
when he learned from her sister and brother that she was always
going around with a boy. He also stated that Lorielyn got mad at II
him because he did not permit her to leave the house whenever
she wanted to.28 THE TRIAL COURT ERRED IN REFUSING TO RECITE
On March 3, 1998, the trial court rendered judgment as THE REASONS WHY IT WAS RECOMMENDING EXECUTIVE
follows: CLEMENCY FOR THE ACCUSED.30
WHEREFORE, IN VIEW OF ALL THE FOREGOING Accusedappellant assails the trial court’s finding that Atty.
CONSIDERATIONS, this court finds the accused ALFREDO Gonzales was his employer and therefore was likely to testify in
NARDO Y ROSALES GUILTY BEYOND REASONABLE DOUBT his favor; and that he could not have noticed accusedappellant
of the crime of RAPE and sentences him to suffer the penalty of leave the farm in the afternoon of February 24, 1996 because he
DEATH. The said accused in likewise ordered to pay Lorielyn had one drink too many. Accusedappellant contends that the
court should not have been too quick to condemn him when his
witness was a lawyer. Furthermore, he argues that Lorielyn’s On May 4, 2000, counsel for accusedappellant filed a
conduct after the alleged rape, specifically from February 25 to Supplemental Reply Brief,33 alleging that she received another
March 19, 1996, during which she stayed in the house with her letter from Lorielyn Nardo which states:
father and continued to do her daily chores, creates a doubt on the 04172000
veracity of the charge. Dear Atty. Teresita de Guzman,
In the Reply Brief for accusedappellant, 31 defense counsel Unanguna po sa lahat ay nagpapasalamat po ako sa pag
reveals that Lorielyn wrote her the following letter: response mo sa letter. Ako nga po pala si Lorielyn Nardo na anak
71399 ni Mr. Alfredo Nardo na nakapiit ngayon sa DORM ID ng
Dear Atty. De Guzman: Muntinlupa, ako po yung nagpadala ng liham sa inyo. Attorney,
Ako nga po pala si Lorielyn Nardo na anak ni Alfredo Nardo lagi ko pong ipinagdarasal na nawa’y matapos na ang paghihirap
na nakabinbin pa sa ngayon sa Maximum Security Compound at pagdunisa ng aking ama sa loob ng piitan, nawa’y matapos na
NBP ID Mimtinlupa City. Sumulat po ako sa inyo upang ang lahat ng problema upang manumbalik muli ang sigla ng
humingi ng tulong na gawin po sana ang lahat, wala po talagang aming pamilya. Nagpapasalamat nga rin po pala ako sa ginagawa
kasalanan ang aking ama ako na po mong pagtulong sa amin, attorney nawa po ay makamit nyo ang
tagumpay.
_______________ Hanggang na lamang po ang aking liham, umaasa po ako sa
inyong pangunawa at tagumpay.
29
Record, p. 149. Nagpapasalamat at umaasa,
30
Appellant’s Brief; Rollo, p. 53. Lorielyn Nardo34
31
Rollo, pp. 117129. In compliance with the Court’s Resolution dated November 14,
349 2000,35 the Office of the Solicitor General filed its comment on the
VOL. 353, MARCH 1, 2001 349
People vs. Nardo _______________
mismong nagakusa ang nagsasabi na walang katotohanan ang
lahat ng mga sinabi ko na pinagsamantalahan niya ako. Nagawa
32
Ibid., pp. 118119.
ko lang po ‘yon dahil masyado po kasi siyang mahigpit sa aming 33
Id., pp. 134136.
magkakapatid. Atty. tulungan ninyo sana ako, nalaman ko nga 34
Id., p. 137.
po pala ang inyong address dahil dumalaw po ang mama ko noon 35
Id., p. 141.
sa papa ko at hiningi ko naman po para masulatan ko po kayo. 350
Umaasa po akong lubos na ako’y inyong matutulungan.
350 SUPREME COURT REPORTS ANNOTATED
Lubos na umaasa
People vs. Nardo
LORIELYN NARDO32
letters of Lorielyn Nardo,36 contending that there is no mention of _______________
her father’s innocence in her letter dated April 17, 2000. Rather,
she merely expressed therein her deep sympathy for her father’s 36
Id., pp. 154158.
situation in prison. The Solicitor General argues that a 37
Id., pp. 144148.
recantation is not sufficient to warrant the exoneration of 38
Id., p. 151.
accusedappellant after he has been proven guilty beyond
351
reasonable doubt based on Lorielyn’s candid, categorical and
VOL. 353, MARCH 1, 2001 351
straightforward testimony before the trial court.
In the meantime, counsel for accusedappellant, by way of a People vs. Nardo
Manifestation and Motion,37 submitted two more letters from January 17, 2001
Lorielyn Nardo which are hereunder reproduced, viz.:
August 10, 2000 Dear Atty. Teresita De Guzman,
AntiRape Law of 1997, which reclassified rape as a crime against
Ibid., citing People v. Entes, 103 SCRA 162 (1981).
43
persons. 44
People v. Agbayani, 284 SCRA 315, 342 (1998).
Even if it were sworn, Lorielyn’s recantation could hardly 45
People v. Diasanta, G.R. No. 128108, July 6, 2000, 335
suffice to overturn the finding of guilt by the trial court which was
SCRA 218.
based on her own clear and convincing testimony, given during a
353
fullblown trial. An affidavit of recantation, being usually
VOL. 353, MARCH 1, 2001 353
taken ex parte, would be considered inferior to the testimony
People vs. Nardo
yawn, the sigh, the candor or lack of it, the scant or full 46
People v. Mitra, G.R. No. 130669, March 27, 2000, 328
realization of the solemnity of an oath, the carriage and mien.” 46 SCRA 774; citing People v. Agbayani, 284 SCRA 315 (1998).
We find nothing in the records which would indicate that the 47
People v. Bacule, G.R. No. 127568, January 28, 2000, 323
findings of fact of the trial court are not supported by the evidence SCRA 734, People v. Reyes, 315 SCRA 563, 57172 (1999).
or were arrived at in manifest or palpable error, such as to 48
People v. Antonio, G.R. No. 122473, June 8, 2000, 333 SCRA
warrant a departure from the foregoing rule. The trial court was 201; People v. Magdato, G.R. Nos. 13412227, February 7,
correct in lending credibility to the testimony of Lorielyn. The sole 2000, 324 SCRA 785.
testimony of Lorielyn was sufficient to establish the guilt of 354
accusedappellant. It is settled that a person accused of rape can 354 SUPREME COURT REPORTS ANNOTATED
be convicted solely on the testimony of the victim if the trial court People vs. Nardo
finds said testimony to be credible, natural, convincing, and the culprit apprehended and punished. 49 A young girl’s revelation
consistent with human nature and the course of things.47 that she has been raped, coupled with her voluntary submission
Indeed, a daughter, especially one in her minority, would not to medical examination and her willingness to undergo public
accuse her own father of such an unspeakable crime as incestuous trial where she could be compelled to give out the details of an
rape had she really not been aggrieved. 48 More importantly, assault on her dignity by, as in this case, her own father, cannot
Lorielyn withstood all the rigors of the case, starting from the be so easily dismissed as a mere concoction. 50 Courts usually give
initial police interrogation, the medical examination, the formal credence to the testimony of a girl who is a victim of sexual
charge, the public trial, to the crossexamination. She went assault, particularly if it constitutes incestuous rape because,
through the court hearings, where she came face to face with her normally, no person would be willing to undergo the humiliation
father. If it was true that she merely made up the charge, she of a public trial and to testify on the details of her ordeal were it
should have been bothered by her conscience at the sight of her not to condemn an injustice. Needless to say, it is settled
father in prison garb and upon the realization of his sorry state jurisprudence that testimonies of childvictims are given full
while in detention. The fact that she maintained her story during weight and credit, since when a woman, more so if she is a minor,
her testimonyinchief all the way up to her rebuttal testimony says that she has been raped, she says in effect all that is
only serves to substantiate the veracity of her claim. necessary to show that rape was committed. Youth and
Well settled is the rule that no woman would concoct a story of immaturity are generally badges of truth and sincerity.51
defloration, allow an examination of her private parts and submit During the trial, the defense endeavored to portray Lorielyn
herself to public humiliation and scrutiny via an open trial, if her as an incorrigible liar. Occasions were cited wherein Lorielyn
sordid tale was not true and her sole motivation was not to have supposedly lied in order to obtain money or her parents’
permission to leave the house. However, Rule 130, Section 34, of
_______________ the Rules of Court provides that: “Evidence that one did or did not
do a certain thing at one time is not admissible to prove that he
did nor did not do the same or a similar thing at another time; but
it may be received to prove a specific intent or knowledge, perfunctory yesorno answers to the leading questions
identity, plan, system, scheme, habit, custom or usage, and the propounded to her on crossexamination. Rather than sustain this
like.” While lying may constitute a habit, we believe that the argument, we rely instead on the observations of the Social
falsehoods committed by Lorielyn, assuming them for the moment Welfare Officer, whom we find to be an impartial witness, in this
to be true, are petty and inconsequential. They are not as serious wise:
as charging one’s own father of the sordid crime of rape, with all Per observation, Lorielyn is a shy and silent type person. She
of its serious repercussions. talked in a very small voice and during the interview she only
Accusedappellant argues that the trial court should have talks when being asked. She also appears to be very sad and have
given credence to his witness, Atty. Santer G. Gonzales, because been staring blankly (sic)52.
he is a Accusedappellant assigns as error the trial court’s failure to give
the reasons for recommending the commutation of his sentence
_______________
from death to reclusion perpetua. As correctly observed by the
49
People v. Taño, G.R. No. 133872, May 5, 2000, 331 SCRA Solicitor General, the trial court was impelled by humanitarian
449; People v. Amigable, G.R. No. 133857, March 31, 2000, 329 reason.53 Moreover, the commutation of sentence is a prerogative
SCRA 527; People v. Sampior, G.R. No. 117691, March 1, of the Chief Executive.
2000, 327 SCRA 31. As against the positive and categorical testimony of Lorielyn,
50
People v. Antipona, 274 SCRA 328, 335 (1997). accusedappellant can only proffer the defense of alibi. However,
51
People v. Lusa, 288 SCRA 296, 303 (1998). in order to overcome the evidence of the prosecution with the
defense of alibi, he must establish not only that he was
355
somewhere else when the crime was committed but also that it
VOL. 353, MARCH 1, 2001 355
was physically impossible for him to have been at the scene of the
People vs. Nardo crime at the time it was committed. 54 In the instant case, the
member of the bar. Atty. Gonzales, however, took the witness testimonies for the
stand not as a lawyer but as an ordinary person. He testified in
his capacity as accusedappellant’s employer. As such, no special _______________
privilege should be accorded him by the trial court by reason only
of his being a member of the bar. He did not appear in that case 52
Social Case Study Report, p. 2; Exh. “B” (emphasis ours).
as an officer of the court but as a mere witness, and hence should 53
Brief for the Appellee, p. 18; Rollo, p. 109.
be treated as one. 54
People v. Dando, G.R. No. 120646, February 14, 2000, 325
Likewise, accusedappellant insists that Lorielyn’s conduct SCRA 406; People v. Paraiso, 319 SCRA 422, 433 (1999).
after the rape, during which she continued to perform her tasks 356
and lived with her father in their house, negates the commission 356 SUPREME COURT REPORTS ANNOTATED
of rape. Accusedappellant’s proposition is derived from Lorielyn’s
People vs. Nardo The concurrence of the two special qualifying circumstances,
defense sought to establish that accusedappellant was 400 to 500 namely the victim’s minority and the relationship between the
meters, or 15 minutes, away from the scene of the crime. This victim and the culprit, increases the penalty of rape to one (1)
hardly qualifies as proof that it was physically impossible for him degree, thus resulting in the imposition of the death penalty. In
to be at the scene of the crime when it was committed. Accused order to be appreciated as qualifying circumstances, however,
appellant’s defense of alibi must, therefore, necessarily fail. these must
Carefully sifting through the entire body of evidence presented
in this case, we find nothing which would destroy the moral _______________
certainty of accusedappellant’s guilt. While there may be some
inconsistencies in the testimony of Lorielyn, these to our mind are
55
55 People v. Dreu, G.R. No. 126282, June 20, 2000, 334
minor inconsistencies which serve to strengthen her credibility as SCRA 62.
they are badges of truth rather than indicia of falsehood. 55 Minor
56
People v. Flora, G.R. No. 125909, June 23, 2000, 334 SCRA
inconsistencies do not affect the credibility of witnesses, as they 262.
may even tend to strengthen rather than weaken their credibility.
57
R.A. 7659, Sec. 11, seventh paragraph.
Inconsistencies in the testimony of prosecution witnesses with 357
respect to minor details and collateral matters do not affect either VOL. 353, MARCH 1, 2001 357
the substance of their declaration, their veracity, or the weight of People vs. Nardo
their testimony. Such minor flaws may even enhance the worth of be properly pleaded in the indictment. 58 In addition, the
a testimony, for they guard against memorized falsities. 56Besides, qualifying circumstances should be duly proved during the trial. 59
a rape victim can not be expected to recall vividly all the sordid These requirements are met in this case. The Information
details of the violation committed against her virtue. sufficiently alleges that accusedappellant is the father of the
Article 335 of the Revised Penal Code, as amended by victim, and that the latter was fourteen (14) years old at the time
Republic Act No. 7659, provides: of commission of the rape. These elements, furthermore, were
The death penalty shall also be imposed if the crime of rape is categorically affirmed by Elizabeth Nardo, the victim’s mother
committed with any of the following attendant circumstances: and the most competent witness. She testified that accused
appellant is Lorielyn’s father, and that Lorielyn was born on
1. 1.when the victim is under eighteen (18) years of age and September 11, 1981,60 thus placing her age at the time of the rape
the offender is a parent, ascendant, stepparent, at fourteen (14) years. Moreover, the Lorielyn’s birth date and her
guardian, relative by consanguinity or affinity within the relationship to accusedappellant are shown by her Certificate of
third civil degree, or the commonlawspouse of the Baptism.61 This was presented by her mother, Elizabeth, in lieu of
parent of the victim, x x x.57 her Certificate of Live Birth, which was destroyed by fire. 62 The
baptismal certificate, coupled by her mother’s testimony, is
sufficient to establish Lorielyn’s age.63
We therefore affirm the trial court’s imposition of the death awarded to the victim in the criminal proceeding, in such amount
penalty. as the Court deems just, without the need for pleading or proof of
Four justices of the Court have continued to maintain the the basis thereof as has heretofore been the practice. Indeed, the
unconstitutionality of Republic Act No. 7659 insofar as it conventional requirement of allegata el probata in civil procedure
prescribes the death penalty; nevertheless they submit to the and for essentially civil cases should be dispensed with in
ruling of the majority to the effect that this law is constitutional criminal prosecutions for rape with the civil aspect included
and that the death penalty can be lawfully imposed in the case at therein, since no appropriate pleadings are filed wherein such
bar. allegations can be made.
We likewise affirm the award of P50,000.00 for moral damages Corollarily, the fact that complainant has suffered the trauma
which is consistent with prevailing jurisprudence. 64 No proof is of mental, physical and psychological sufferings which constitute
required to substantiate the award of moral damages in rape the bases for moral damages are too obvious to still require the
cases. In People vs. Prades,65 we held: recital thereof at the trial by the victim, since the Court itself
even assumes and acknowledges such agony on her part as a
_______________ gauge of her credibility. What exists by necessary implication as
being ineludibly present in the case need not go through the
58
People v. Mendez, G.R. No. 132546, July 5, 2000, 335 SCRA superfluity of still being proved through a testimonial charade.
147. In addition to moral damages, the amount of P75,000.00, is
59
People v. Alvero, G.R. Nos. 13453638, April 5, 2000, 329 awarded to the victim as indemnity.
SCRA 737; People v. Llamo, G.R. No. 132138, January 28, x x x. Indictments for rape continue unabated and the legislative
2000, 323 SCRA 791. response has been in the form of higher penalties. The Court
60
TSN, February 11, 1997, pp. 34. believes that, on like considerations, the jurisprudential path on
61
Exh. “D.” the civil aspect should follow the same direction. Hence, starting
62
TSN, February 11, 1997, p. 4. with the case at bar, if the crime of rape is committed or
63
People v. Rebancos, 172 SCRA 425, 429 (1989). effectively qualified by any of the circumstances under which the
64
People v. Mendiola, G.R. No. 134846, August 8, 2000, 337 death penalty is authorized by the present amended law, the
SCRA 418; People v. Castillo, G.R. No. 130205, July 5, 2000, 335 indemnity for the victim shall be in the increased amount of not
SCRA 100. less than P75,000.00. This is not only a reaction to the apathetic
65
293 SCRA 411 (1998). societal perception of the penal law and the financial fluctuations
358 over time, but also an expression of the displeasure of the Court
358 SUPREME COURT REPORTS ANNOTATED over the incidence of heinous crimes against chastity.66
People vs. Nardo WHEREFORE, the judgment of the Regional Trial Court of
x x x. The Court has also resolved that in crimes of rape, such as Legaspi City, Albay, Branch III, convicting accusedappellant
that under consideration, moral damages may additionally be Alfredo Nardo y Rosales of the crime of rape, sentencing him to
death, and ordering him to pay the victim, Lorielyn Nardo moral ROQUETA ALEJAGA, FELIPE ALEJAGA, JR., MARIA DULLA
damages in the amount of P50,000.00, is AFFIRMED with the ALEJAGA, FELIPE ALEJAGA III, ROQUETA ALEJAGA,
MODIFICA JENNIFER ALEJAGA, EVERETTE CAPUNDAN, AND
LYNETTE ALEJAGA; THE PHILIPPINE NATIONAL BANK
_______________ and THE REGISTER OF DEEDS OF ROXAS CITY, respondents.
Land Titles; Free Patent; Fraud; The party alleging fraud or
People v. Victor, 292 SCRA 186, 200201 (1998).
66
mistake in a transaction bears the burden of proof.—We begin our
359
resolution of this issue with the wellsettled rule that the party
VOL. 353, MARCH 1, 2001 359 alleging fraud or mistake in a transaction bears the burden of
Belo vs. Philippine National Bank proof. The circumstances evidencing fraud are as varied as the
TION that accusedappellant is, further, ordered to pay the victim people who perpetrate it in each case. It may assume different
civil indemnity in the amount of P75,000.00. shapes and forms; it may be committed in as many different
In accordance with Section 25 of Republic Act No. 7659, ways. Thus, the law requires that it be established by clear and
amending Article 83 of the Revised Penal Code, upon finality of convincing evidence.
this decision, let certified true copies thereof, as well as the Same; Same; Same; Evidence; “Doctrine on Independently
records of this case, be forwarded without delay to the Office of
Relevant Statements” Defined.—The doctrine on independently
the President for possible exercise of the clemency or pardoning
relevant statements holds that conversations communicated to a
power.
witness by a third person may be admitted as proof that,
SO ORDERED.
regardless of their truth or falsity, they were actually made.
Davide, Evidence as to the making of such statements is not secondary
Jr. (C.J.), Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Pang but primary, for in itself it (a) constitutes a fact in issue or (b) is
aniban, Quisumbing, Pardo, Buena, GonzagaReyes, Ynares circumstantially relevant to the existence of such fact.
Santiago, De Leon, Jr. and SandovalGutierrez, JJ., concur. Same; Same; Same; Registration; Torrens Title; The doctrine
Judgment affirmed with modification. that the registration of a patent under the Torrens System does not
by itself vest title—it merely confirms the registrant’s already
VOL. 393, DECEMBER 3, 2002 361 existing one.—True, once a patent is registered and the
Republic vs. Heirs of Felipe Alejaga, Sr. corresponding certificate of title issued, the land covered by them
G.R. No. 146030. December 3, 2002.* ceases to be part of the public domain and becomes private
REPUBLIC OF THE PHILIPPINES, represented by the property. Further, the Torrens Title issued pursuant to the patent
Department of Environment and Natural Resources, becomes indefeasible a year after the issuance of the latter.
petitioner, vs. HEIRS OF FELIPE ALEJAGA, SR., represented by However, this indefeasibility of a title does not attach to titles
secured by fraud and misrepresentation. Wellsettled is the
doctrine that the registration of a patent under the Torrens the State to landdestitute citizens for their home and cultivation.
System does not by itself vest title; it merely confirms the Pursuant to such benevolent intention the State prohibits the sale
registrant’s already existing one. Verily, registration under the or encumbrance of the homestead (Section 116) within five years
Torrens System is not a mode of acquiring ownership. after the grant of the patent.”
_______________ PETITION for review on certiorari of a decision of the Court of
Appeals.
*
THIRD DIVISION.
362 The facts are stated in the opinion of the Court.
3 SUPREME COURT REPORTS ANNOTATED The Solicitor General for petitioner.
62 Benjamin Destura for private respondents.
Republic vs. Heirs of Felipe Alejaga, Sr. Legal Department for private respondent PNB.
Same; Same; Same; Under Section 101 of Commonwealth
Act No. 141, the State—even after the lapse of one year—may still PANGANIBAN, J.:
bring an action for the reversion to the public domain of land.—
We reiterate the familiar doctrine that a free patent obtained
Under Section 101 of Commonwealth Act No. 141, the State—
through fraud or misrepresentation is void. Furthermore, the one
even after the lapse of one year—may still bring an action for the
year prescriptive period provided in the Public Land Act does not
reversion to the public domain of land that has been fraudulently
bar the State from asking for the reversion of property acquired
granted to private individuals. Further, this indefeasibility
through such means.
cannot be a bar to an investigation by the State as to how the title
has been acquired, if the purpose of the investigation is to 363
determine whether fraud has in fact been committed in securing VOL. 393, DECEMBER 3, 2002 363
the title. Republic vs. Heirs of Felipe Alejaga, Sr.
Same; Same; Same; Encumbrance; Prohibition; The State Statement of the Case
prohibits the sale or encumbrance of the homestead (Section 116) Before us is a Petition for Review on Certiorari under Rule 45 of
the Rules of Court, assailing the November 15, 2000 Decision 1 of
within five years after the grant of the patent.—As early as Pascua
the Court of Appeals (CA) in CAGR CV No. 44568. The decretal
v. Talens, we have explained the rationale for the prohibition
portion of the challenged Decision reads as follows:
against the encumbrance of a homestead—its lease and mortgage “WHEREFORE, the appealed decision is hereby REVERSED,
included—an encumbrance which, by analogy, applies to a free SET ASIDE and RECALLED.”2
patent. We ruled as follows: “It is wellknown that the homestead
laws were designed to distribute disposable agricultural lots of
The Facts 1
Rollo, pp. 2838. Penned by Justice Mariano M. Umali and
The factual antecedents of the case are summarized by the CA concurred in by Justices Ruben T. Reyes (Division chairman) and
thus: Rebecca de GuiaSalvador (member).
“On December 28, 1978, [Respondent] Felipe Alejaga, Sr. x x x
2
Assailed CA Decision, p. 12; rollo, p. 38. Emphasis in the
filed with the District Land Office, Roxas City, Free Patent original.
Application No. (VI2) 8442 covering a parcel of land identified as 364
Lot 1, Mli06000020D, with an area of .3899 hectares, more or 364 SUPREME COURT REPORTS ANNOTATED
less located at Dumolog, Roxas City (Exh. “A”; Exh “9”). It Republic vs. Heirs of Felipe Alejaga, Sr.
appears that on December 27, 1978, when the application was Legal Division, Land Management Bureau, Manila, recommended
executed under oath, Efren L. Recio, Land Inspector, submitted a to the Director of Lands appropriate civil proceeding for the
report of his investigation and verification of the land to the cancellation of Free Patent Title No. (VI2) 3358 and the
District Land Office, Bureau of Lands, City of Roxas. On March corresponding Original Certificate of Title No. P15 in the name of
14, 1979, the District Land Officer of Roxas City approved the [respondent].
application and the issuance of [a] Free Patent to the applicant. “In the meantime, [respondent] obtained a NACIDA loan
On March 16, 1979, the patent was also ordered to be issued and under the Cottage Industry Guarantee and Loan Fund by the
the patent was forwarded to defendant Register of Deeds, City of defendant Philippine National Bank (hereinafter referred to as
Roxas, for registration and issuance of the corresponding PNB) executed in Cebu City in the amount of P100,000.00 on
Certificate of Title. Thereafter, Original Certificate of Title No. P August 18, 1981. The loan was secured by a real estate mortgage
15 Free Patent No. (VI2) 3358 was issued to [respondent] by in favor of defendant PNB. The promissory note of appellant was
defendant Register of Deeds. annotated at the back of the title.
“On April 4, 1979, the heirs of Ignacio Arrobang, through “On April 18, 1990, the government through the Solicitor
counsel in a lettercomplaint requested the Director of Lands, General instituted an action for Annulment/Cancellation of
Manila, for an investigation of the District Land Officer, Roxas Patent and Title and Reversion against [respondent], the PNB of
City, and the Regional Office, Region VI, Iloilo City, for Roxas City and defendant Register of Deeds of Roxas City
irregularities in the issuance of the title of a foreshore land in covering Free Patent Application (VI2) 8442 of the parcel of land
favor of [respondent]. Isagani Cartagena, Supervising Special with an area of .3899 hectares more or less located at Dumolog,
Investigator, Legal Division, Land Management Bureau (formerly Roxas City.
Bureau of Lands) submitted his Report dated April 17, 1989. The “On November 17, 1990, while the case is pending hearing,
Chief, [respondent] died. He was substituted by his wife Roqueta
Alejaga and his children, namely: Everette Alejaga, Lynnette
_______________ Alejaga, Felipe Alejaga, Jr., Maria Dulla Alejaga, Roqueta
Alejaga, Jennifer Alejaga and Felipe Alejaga III.
x x x x x x x x x
“After hearing, the [trial] court in its dispositive portion duplicate copy of said title surrendered by above stated
decreed as follows: defendants;
‘WHEREFORE, judgment is rendered declaring that the approval
of Free Patent Application No. 3358 and issuance of Original 2. ‘f)defendant’s, Philippine National Bank, crossclaim is
Certificate of Title No. P15 in the name of Felipe Alejaga is by dismissed.
means of fraud hence, null and void ab initio and the court orders:
“Costs against the defendants Heirs of Felipe Alejaga, Sr.’ ”3
1. ‘a)the cancellation of the approval of the application No. Ruling of the Court of Appeals
(VI2) 8442 covering Lot No. 1, Mli06000020D with an In reversing the RTC, the CA ruled that petitioner failed to prove
area of .3899 hectares, more or less, located at Dumulog, its allegation that respondents had obtained the free patent and
Roxas City; the Certificate of Title through fraud and misrepresentation. 4 The
appellate court likewise held that, assuming there was
2. ‘b)the cancellation of Original Certificate of Title No. P15, misrepresentation or fraud as claimed by petitioner, the action for
Free Patent No. (VI2) 3358 in the name of Felipe reversion should have been brought within one (1) year from the
Alejaga; registration of the patent with the Registry of Deeds.5
Further, the CA brushed aside as hearsay Isagani Cartagena’s
3. ‘c)the land covered thereby as above described is reverted testimony that Land Inspector Efren L. Recio had not conducted
to the mass of the public domain; an investigation on the free patent application of Felipe Alejaga,
Sr.6 The CA added that petitioner had failed to support its claim
4. ‘d)the defendants, Heirs of Felipe Alejaga, Sr. or that the lot covered by respondent’s free patent and title was
defendant, Philippine National Bank, Roxas City foreshore land.7
Branch, to surrender the owner’s duplicate copy of above Hence, this Petition.8
described Original Certificate of Title No. P15 to the
Register of Deeds (now Registries of Land Titles and _______________
Deeds), Roxas City;
3
Id., pp. 15.
365
4
Id., p. 6; Rollo, p. 32.
VOL. 393, DECEMBER 3, 2002 365 5
Id., p. 12; id., p. 38.
Republic vs. Heirs of Felipe Alejaga, Sr.
6
Id., p. 7; id., p. 33.
7
Id., p. 11; id., p. 37.
1. ‘e)the defendant, Register of Deeds, Roxas City, to cancel 8
The case was deemed submitted for decision on April 15,
Original Certificate of Title No. P15 and the owner’s 2002, upon the Court’s receipt of Respondent Alejagas’
Memorandum signed by Atty. Benjamin B. Distura. Respondent First Issue:
PNB’s Memorandum, filed on July 20, 2001, was signed by Atty. Efficacy of the Grant
Edwin M. Alaestante. Petitioner’s Manifestation, adopting its Petitioner argues that it has proven fraud in the issuance of
Petition as its Memorandum was filed on July 20, 2001 and Respondent Alejagas’ free patent and Certificate of Title. 10 It also
signed by Assistant Solicitor General Fernanda Lampas Peralta avers that Respondent PNB has failed to file a timely Notice of
and Solicitor Brigido Artemon M. Luna II. Appeal.
366 On the other hand, the Alejagas contend that they have
366 SUPREME COURT REPORTS ANNOTATED acquired a vested right over the parcel of land covered by OCT
Republic vs. Heirs of Felipe Alejaga, Sr. No. P
Issues
Petitioner raises the following issues for this Court’s _______________
consideration:
Petition for Review, p. 10; Rollo, p. 15. Original in upper
9
“I case.
10
Id., p. 13; id., p. 18.
The Honorable Court of Appeals erred in not finding that the case 367
is already final and executory as against respondent PNB. VOL. 393, DECEMBER 3, 2002 367
Republic vs. Heirs of Felipe Alejaga, Sr.
“II 15 by virtue of their proven open, actual, exclusive and
undisputed possession of the land for more than 30 years.11
The Court of Appeals erred in not considering that petitioner
At the outset, we must immediately clarify that the records
has proven the allegations to the Complaint.
show receipt by Respondent PNB of a copy of the Decision on
October 27, not on October 3, 1993 as alleged by
“III
petitioner.12 Further, the bank filed its Notice of Appeal on
November 9, 1993, within the 15day reglementary period.
The Honorable Court of Appeals erred in declaring that the
In addition, we must point out that the essential issue raised
action for reversion is unavailing.”9
in this Petition—the presence of fraud—is factual. As a general
Simply stated, the issues can be summed up into two: (1) the
rule, this Court does not review factual matters. 13 However, the
efficacy of the grant of the free patent and (2) the indefeasibility
instant case falls under one of the exceptions, because the
of the Certificate of Title issued in consequence thereof.
findings of the CA conflict with those of the RTC and with the
This Court’s Ruling
evidence on record.14
The Petition is meritorious.
We begin our resolution of this issue with the wellsettled rule Republic vs. Heirs of Felipe Alejaga, Sr.
that the party alleging fraud or mistake in a transaction bears tioner had resorted to misrepresentation or fraud, signs of which
the burden of proof.15 The circumstances evidencing fraud are as were20 ignored by the Court of Appeals.21
varied as the people who perpetrate it in each case. 16 It may First, the issuance of the free patent was not made in
assume different shapes and forms; it may be committed in as
accordance with the procedure laid down by Commonwealth Act
many different ways.17 Thus, the law requires that it be
No. 141, otherwise known as the Public Land Act. 22 Under Section
established by clear and convincing evidence.18
91 thereof, an investigation should be conducted for the purpose
In the case before us, we find that petitioner has adduced a
of ascertaining whether the material facts set out in the
preponderance of evidence before the trial court, showing
application are true.23
manifest fraud in procuring the patent. 19 This Court agrees with
Further, after the filing of the application, the law requires
the RTC that in obtaining a free patent over the lot under
sufficient notice to the municipality and the barrio where the land
scrutiny, peti
is
_______________
_______________
11
Respondent Alejagas’ Memorandum, p. 29; Rollo, p. 321. 20
Bordalba v. Court of Appeals, G.R. No. 112443, January 25,
12
See records, p. 349.
2002, 374 SCRA 555.
13
Tando v. Court of Appeals, G.R. No. 127984, December 14, 21
Alonso v. Cebu Country Club, Inc., G.R. No. 130876, January
2001, 372 SCRA 321.
31, 2002, 375 SCRA 390.
14
Lercana v. Jalandoni, G.R. No. 132286, February 1, 22
An act to amend and compile the laws relative to land of the
2002, 375 SCRA 604. public domain, effective December 1, 1936.
15
Mangahas v. Court of Appeals, 304 SCRA 375, March 10, 23
Section 91 of the Public Land Act provides:
1999; citing Cayabyab v. Intermediate Appellate Court, 232 SCRA “SEC. 91. The statements made in the application shall be
1, April 28, 1994. considered as essential conditions and parts of any concession,
16
Siguan v. Lim, 318 SCRA 725, November 19, 1999. title, or permit issued on the basis of such application, and any
17
Destura v. Court of Appeals, 325 SCRA 341, February 10, false statement therein or omission of facts altering, changing, or
modifying the consideration of the facts set forth in such
2000.
statements, and any subsequent modification, alteration, or
18
Cuizon v. Court of Appeals, 260 SCRA 645, August 22, 1996.
change of the material facts set forth in the application shall ipso
19
Mangahas v. Court of Appeals, supra.
facto produce the cancellation of the concession, title, or permit
368
granted. It shall be the duty of the Director of Lands, from time to
368 SUPREME COURT REPORTS ANNOTATED
time and whenever he may deem it advisable, to make the
necessary investigations for the purpose of ascertaining whether the rule cannot be condoned because, obviously, the required
the material facts set out in the application are true, or whether notice to adverse claimants was not served.
they continue to exist and are maintained and preserved in good Evidently, the filing of the application and the verification and
faith, and for the purposes of such investigation, the Director of investigation allegedly conducted by Recio were precipitate and
Lands is hereby empowered to issue subpoenas and subpoenas beyond the pale of the Public Land Act.27 As correctly pointed out
duces tecum and, if necessary, to obtain compulsory process from by the trial court, investigation and verification should have been
the courts. In every investigation made in accordance with this done only after the filing of the application. Hence, it would have
section, the existence of bad faith, fraud, concealment, or been highly anomalous for Recio to conduct his own investigation
fraudulent and illegal modification of essential facts shall be and verification on December 27, 1998, a day before Felipe
presumed if the grantee or possessor of the land shall refuse or Alejaga, Sr. filed the Application for Free Patent 28 It must also be
fail to obey a subpoena or subpoena duces tecum lawfully issued noted that while the Alejagas insist that an investigation was
by the Director of Lands or his authorized delegates or agents, or conducted, they
shall refuse or fail to give direct and specific answers to pertinent
_______________
questions, and on the basis of such presumption, an order of
cancellation may issue without further proceedings.” 24
Section 46 of the Public Land Act provides:
369
“SEC. 46. If, after the filing of the application and the
VOL. 393, DECEMBER 3, 2002 369
investigation, the Director of Lands shall be satisfied with the
Republic vs. Heirs of Felipe Alejaga, Sr. truth of the allegations contained in the application and the
located, in order to give adverse claimants the opportunity to applicant comes within the provisions of this chapter, he shall
present their claims.24 Note that this notice and the verification cause a patent to issue to the applicant or his legal successor for
and investigation of the parcel of land are to be conducted after an the tract so occupied and cultivated, provided its area does not
application for free patent has been filed with the Bureau of exceed twentyfour hectares: Provided, That no application shall
Lands. be finally acted upon until notice thereof has been published in
In this case, however, Felipe Alejaga, Sr.’s Application for Free the municipality and barrio in which the land is located and
Patent25 was dated and filed on December 28, 1978. On the other adverse claimants have had an opportunity to present their
hand, the Investigation & Verification Report 26 prepared by Land claims.”
Inspector Efren L. Recio of the District Land Office of the Bureau 25
Exhibit “A”; exhibits folder, p. 1.
of Lands of Roxas City was dated December 27, 1978. In that 26
Exhibit “B”; id., p. 2.
Report, he stated that he had conducted the “necessary 27
Espino v. Salubre, 352 SCRA 668, February 26, 2001.
investigation and verification in the presence of the applicant.” 28
RTC Decision, p. 6; Rollo, p. 76.
Even if we accept this statement as gospel truth, the violation of
370
370 SUPREME COURT REPORTS ANNOTATED _______________
Republic vs. Heirs of Felipe Alejaga, Sr.
do not dispute the fact that it preceded the filing of the
29
Robles v. Court of Appeals, 328 SCRA 97, March 14, 2000.
application.29
30
See Exhibit “B”; exhibits folder, p. 2.
Second, the claim of the Alejagas that an actual investigation
31
Revised Rules of Court, Rule 131, Sec. 3 (m) provides:
was conducted is not sustained by the Verification & “(m) That official duty has been regularly performed.—When the
Investigation Report itself, which bears no signature.30 Their law imposes certain duties and obligations, it will be presumed
reliance on the presumption of regularity in the performance of that such duties and obligations have been performed unless it is
official duty31 is thus misplaced. Since Recio’s signature does not expressly made to appear to the contrary. All things are
appear on the December 27, 1978 Report, there can be no presumed to have been rightly and duly performed until there is
presumption that an investigation and verification of the parcel of proof to the contrary.”
land was actually conducted. Strangely, respondents do not 32
Francisco, Basic Evidence, 2nd ed., (1999), pp. 214215.
proffer any explanation why the Verification & Investigation 33
Exhibit “G”; exhibits folder, pp. 810.
Report was not signed by Recio. Even more important and as will 371
later on be explained, this alleged presumption of regularity— VOL. 393, DECEMBER 3, 2002 371
assuming it ever existed—is overcome by the evidence presented Republic vs. Heirs of Felipe Alejaga, Sr.
by petitioner. his testimony. Those portions of the report that consisted of his
Third, the report of Special Investigator Isagani P. Cartagena personal knowledge, perceptions and conclusions are not
has not been successfully rebutted. In that report, Recio hearsay.34 On the other hand, the part referring to the statement
supposedly admitted that he had not actually conducted an made by Recio may be considered as independently relevant.35
investigation and ocular inspection of the parcel of land. The doctrine on independently relevant statements holds that
Cartagena’s statement on Recio’s alleged admission may be conversations communicated to a witness by a third person may
considered as “independently relevant.” A witness may testify as be admitted as proof that, regardless of their truth or falsity, they
to the state of mind of another person—the latter’s knowledge, were actually made. Evidence as to the making of such
belief, or good or bad faith and the former’s statements may then statements is not secondary but primary, for in itself it (a)
be regarded as independently relevant without violating the constitutes a fact in issue 36 or (b) is circumstantially relevant to
hearsay rule.32 the existence of such fact.37
Thus, because Cartagena took the witness stand and opened Since Cartagena’s testimony was based on the report of the
himself to crossexamination, the Investigation Report 33 he had investigation he had conducted, his testimony was not hearsay
submitted to the director of the Bureau of Lands constitutes part and was, hence, properly admitted by the trial court.38
of Based on the foregoing badges of fraud, we sustain petitioner’s
contention that the free patent granted to Felipe Alejaga, Sr. is
_______________ Second Issue:
Indefeasibility of Title
34
Rodriguez v. Court of Appeals, 273 SCRA 607, June 17, Petitioner contends that the State has an imprescriptible right to
1997. cause the reversion of a piece of property belonging to the public
35
Country Bankers Insurance Corporation v. Lianga Bay and domain.43 On the other hand, the Alejagas claim that, pursuant to
Community MultiPurpose Cooperative, Inc., G.R. No. 136914, Section 32 of PD 152944—otherwise known as the Property Regis
January 25, 2002, 374 SCRA 653.
36
Francisco, The Revised Rules of Court in the Philippines _______________
Part I(1997), p. 518; citing 31 C.J.S. 988. 39
Robles v. Court of Appeals, 328 SCRA 97, March 14, 2000.
37
There are five kinds of independently relevant statements
that are circumstantial evidence of the facts in issue:
40
Meneses v. Court of Appeals, 246 SCRA 162, July 14, 1995.
1. Statements of a person showing his state of mind; that is, his
41
Daez v. Court of Appeals, 325 SCRA 856, February 17, 2000.
mental condition, knowledge, belief, intention, ill will and other 42
Barrera v. Court of Appeals, G.R. No. 123935, December 14,
emotions 2001, 372 SCRA 312.
2. Statements that may identify the date, place and condition 43
Petition for Review, p. 18; Rollo, p. 23.
as illness and the like 44
Section 32 of P.D. No. 1529 provides:
3. Statements of a person from which an inference may be “SEC. 32. Review of decree of registration; Innocent purchaser for
drawn as to the state of mind of another person; i.e., the value.—The decree of registration shall not be reopened or revised
knowledge, belief, good or bad faith noticed of the latter by reason of absence, minority, or other disability of any person
4. Statements that may identify the date, place and person in adversely affected thereby, nor by any proceeding in any court for
question reversing judgment, subject, however, to the right of any person,
5. Statements showing the lack of credibility of a witness including the government and the branches thereof, deprived of
38
Bordalba v. Court of Appeals, supra. land of any estate or interest therein by such adjudication or
372 confirmation of title obtained by actual fraud, to file in the proper
372 SUPREME COURT REPORTS ANNOTATED Court of First Instance a petition for reopening and review of the
Republic vs. Heirs of Felipe Alejaga, Sr. decree of registration not later than one year from and after the
void.39 Such fraud is a ground for impugning the validity of the date of the entry of such decree of registration, but in no case
Certificate of Title.40 The invalidity of the patent is sufficient shall such petition be entertained by the court where an innocent
basis for nullifying the Certificate of Title issued in consequence purchaser for value has acquired the land or an interest therein,
thereof, since the latter is merely evidence of the former. 41 Verily, whose rights may be prejudiced. Whenever the phrase ‘innocent
we must uphold petitioner’s claim that the issuance of the purchaser of value’ or an equivalent phrase occurs in this Decree,
Alejagas’ patent and title was tainted with fraud.42
it shall be deemed to include an innocent lessee, mortgagee, or _______________
other encumbrancer for value.
“Upon the expiration of said period of one year, the decree of case may pursue his remedy by action for damages against the
registration and the certificate of title issued shall become applicant or any other persons responsible for the fraud.”
incontrovertible. Any person aggrieved by such decree of 45
Respondent Alejagas’ Memorandum, p. 43; Rollo, p. 336.
registration in any 46
Baguio v. Republic, 301 SCRA 450, January 21, 1999.
373 47
Ibid.
VOL. 393, DECEMBER 3, 2002 373 48
J.M. Tuazon & Co., Inc. v. Macalindong, 6 SCRA 938,
Republic vs. Heirs of Felipe Alejaga, Sr. December 29, 1962.
tration Decree—the oneyear period for reversion has already 49
This section provides:
lapsed.45 Thus, the State’s Complaint for reversion should be “SEC. 101. All actions for the reversion to the Government of
dismissed. lands of the public domain or improvements thereon shall be
We agree with petitioner. instituted by the SolicitorGeneral or the officer acting in his
True, once a patent is registered and the corresponding stead, in the proper courts, in the name of the Commonwealth of
certificate of title issued, the land covered by them ceases to be the Philippines.”
part of the public domain and becomes private property. Further, 50
Republic v. Court of Appeals, 255 SCRA 335, March 29,
the Torrens Title issued pursuant to the patent becomes 1996.
indefeasible a year after the issuance of the latter. 46 However, this 51
Republic v. Court of Appeals, 111 SCRA 721, April 10, 1989.
indefeasibility of a title does not attach to titles secured by fraud
374
and misrepresentation.47Wellsettled is the doctrine that the
374 SUPREME COURT REPORTS ANNOTATED
registration of a patent under the Torrens System does not by
itself vest title; it merely confirms the registrant’s already Republic vs. Heirs of Felipe Alejaga, Sr.
existing one. Verily, registration under the Torrens System is not In the case before us, the indefeasibility of a certificate of title
a mode of acquiring ownership.48 cannot be invoked by the Alejagas, whose forebear obtained the
Therefore, under Section 101 of Commonwealth Act No. title by means of fraud.52 Public policy demands that those who
141,49 the State—even after the lapse of one year—may still bring have done so should not be allowed to benefit from their
an action for the reversion to the public domain of land that has misdeed.53 Thus, prescription and laches will not bar actions filed
been fraudulently granted to private individuals. 50 Further, this by the State to recover its own property acquired through fraud
indefeasibility cannot be a bar to an investigation by the State as by private individuals.54 This is settled law.55
to how the title has been acquired, if the purpose of the Prohibition Against Alienation or Encumbrance
investigation is to determine whether fraud has in fact been Assuming arguendo that the Alejagas’ title was validly issued,
committed in securing the title.51 there is another basis for the cancellation of the grant and the
reversion of the land to the public domain. Section 118 of
Commonwealth Act No. 14156 proscribes the encumbrance of a VOL. 393, DECEMBER 3, 2002 375
parcel of Republic vs. Heirs of Felipe Alejaga, Sr.
land acquired under a free patent or homestead within five years
_______________
from its grant.57 The prohibition against any alienation or
encumbrance of the land grant is a proviso attached to the
52
Republic v. Register of Deeds of Quezon, 244 SCRA 537, May approval of every application.58
31, 1995. Further, corporations are expressly forbidden by law to have
53
Republic v. Court of Appeals, supra, p. 343. any right or title to, or interest in, lands that are granted under
54
Republic v. Heirs of Agustin L. Angeles, G.R. No. 141296, free or homestead patents; or any improvements thereon. They
October 7, 2002, 390 SCRA 502. are forbidden from enjoying such right, title or interest, if they
55
Baguio v. Republic, supra; Republic v. Court of Appeals, have not secured the consent of the grantee and the approval of
supra at note 51; Republic v. Court of Appeals, 183 SCRA 620, the secretary of the Department of Agriculture and Natural
Resources; and if such lands are to be devoted to purposes other
March 23, 1990; Republic v. Mina, 114 SCRA 945, June 29,
than education, charity, or easement of way.59
1982; Director of Lands v. Abanilla, 124 SCRA 358, August 31,
1983. _______________
56
This section provides:
“SEC. 118. Except in favor of the Government or any of its and legal grounds.” (As amended by Com. Act No. 456,
branches, units, or institutions, lands acquired under free patent approved June 8, 1939.)
or homestead provisions shall not be subject to encumbrance or 57
Republic v. Court of Appeals, 281 SCRA 639, November 14,
alienation from the date of the approval of the application and for 1997.
a term of five years from and after the date of issuance of the Republic v. Ruiz, 23 SCRA 348, April 29, 1968.
58
patent or grant, nor shall they become liable to the satisfaction of
59
The following are the pertinent provisions of the Public
any debt contracted prior to the expiration of said period, but the Land Act, as amended by Com. Act No. 615, approved on May 5,
improvements or crops on the land may be mortgaged or pledged 1941:
to qualified persons, associations, or corporations. “SEC. 121. Except with the consent of the grantee and the
“No alienation, transfer, or conveyance of any homestead after approval of the Secretary of Agriculture and Commerce, and
five years and before twentyfive years after issuance of title shall solely for educational, religious, or charitable purposes or for a
be valid without the approval of the Secretary of Agriculture and right of way, no corporation, association, or partnership may
Commerce, which approval shall not be denied except on acquire or have any right, title, interest, or property right
constitutional whatsoever to any land granted under the free patent, homestead,
375
or individual sale provisions of this Act or to any permanent credit investigated the loan applicant Felipe Alejaga and you have
improvement on such land. personally examined this?
“SEC. 122. No land originally acquired in any manner under A Yes, your Honor.
the provisions of this Act, nor any permanent improvement on
COURT Do you conclude that this Original Certificate of Title is a [free]
such land, shall be encumbered, alienated, or transferred, except
patent?
to persons, corporations, associations, or partnerships who may
acquire lands of the public domain under this Act or to A Yes, your Honor.
corporations organized in the Philippines authorized therefor by COURT And this [free] patent was granted on March 19, 1979.
their charters. A Yes, your honor.
“Except in cases of hereditary succession, no land or any COURT And as such [free] patent it cannot be alienated except [to] the
portion thereof originally acquired under the free patent, government or within five years from its issuance?
homestead, or individual sale provisions of this Act, or any A Yes, your honor.
permanent improvement on such land, shall be transferred or
COURT Why did you recommend the loan?
assigned to any individual, nor shall such land or any permanent
A Because it is just a mortgage.”64
improvement thereon be leased to such individual, when the area
Thus, the mortgage executed by Respondent Felipe Alejaga, Sr.
of said land, added to that of his own, shall exceed one hundred
and fortyfour hectares. Any falls squarely within the term encumbranceproscribed by Section
376
_______________
376 SUPREME COURT REPORTS ANNOTATED
Republic vs. Heirs of Felipe Alejaga, Sr. transfer, assignment, or lease made in violation hereof shall
In the case at bar, Free Patent No. (VI2) 3358 60 was approved be null and void.”
and issued on March 14, 1979. Corresponding Original Certificate 60
Exhibit “C”; exhibits folder, p. 3.
of Title No. P1561 was issued on the same date. On August 18, 61
Exhibit “E”; id., p. 5.
1981, or two (2) years after the grant of the free patent, Felipe 62
See Promissory Note; Records, p. 24.
Alejaga, Sr. obtained from Respondent PNB a loan 62 in the
amount of P100,000. Despite the statement on the title certificate
63
See Credit Agreement; id., p. 25.
itself that the land granted under the free patent shall be
64
TSN, July 24, 1991, p. 9.
inalienable for five (5) years from the grant, a real estate 377
mortgage was nonetheless constituted on the parcel of land VOL. 393, DECEMBER 3, 2002 377
covered by OCT No. P15.63 In his testimony, Gabriel D. Aranas, Republic vs. Heirs of Felipe Alejaga, Sr.
Jr., then Cashier III of respondent bank, even admitted that the 118 of the Public Land Act. 65 A mortgage constitutes a legal
PNB was aware of such restriction. limitation on the estate, and the foreclosure of the mortgage
“COURT You testified Mr. Aranas that you inspected the title also when you would necessarily result in the auction of the property.66
As early as Pascua v. Talens,67 we have explained the 65
Siy v. Tan Gun Ga, 119 Phil. 676; 10 SCRA 398, February
rationale for the prohibition against the encumbrance of a 29, 1964.
homestead—its lease and mortgage included—an encumbrance 66
Prudential Bank v. Panis, 153 SCRA 390, August 31, 1987.
which, by analogy, applies to a free patent.We ruled as follows: 67
80 Phil. 792, April 30, 1948, per Bengzon, J. (later C.J.).
“It is wellknown that the homestead laws were designed to 68
281 SCRA 639, November 14, 1997.
distribute disposable agricultural lots of the State to land 378
destitute citizens for their home and cultivation. Pursuant to such 378 SUPREME COURT REPORTS ANNOTATED
benevolent intention the State prohibits the sale or encumbrance
Republic vs. Heirs of Felipe Alejaga, Sr.
of the homestead (Section 116) within five years after the grant of
“The foregoing legal provisions clearly proscribe the encumbrance
the patent.”
of a parcel of land acquired under a free patent or homestead
Further, an encumbrance on a parcel of land acquired through
within five years from the grant of such patent. Furthermore,
free patent constitutes sufficient ground for the nullification of
such encumbrance results in the cancellation of the grant and the
such grant, as provided under Commonwealth Act No. 141, which
reversion of the land to the public domain.”69
we quote:
To comply with the condition for the grant of the free patent,
“SEC. 124. Any acquisition, conveyance, alienation, transfer, or
within five years from its issuance, Felipe Alejaga, Sr. should not
other contract made or executed in violation of any of the
have encumbered the parcel land granted to him. The mortgage
provisions of sections one hundred and eighteen, one hundred and he made over the land violated that condition.70 Hence, the
twenty, one hundred and twentyone, one hundred and twenty property must necessarily revert to the public domain, pursuant
two, and one hundred and twentythree of this Act shall be to Section 124 of the Public Land Act.
unlawful and null and void from its execution and shall produce WHEREFORE, the Petition is GRANTED and the assailed
the effect of annulling and canceling the grant, title, patent, or Decision SET ASIDE. The Decision of the RTC of Roxas City
permit originally issued, recognized or confirmed, actually or (Branch 15) dated October 27, 1993 is REINSTATED. No costs.
presumptively, and cause the reversion of the property and its SO ORDERED.
improvements to the State.” SandovalGutierrez, Corona and CarpioMorales,
Mortgage over a parcel of land acquired through a free patent JJ., concur.
grant nullifies the award and constitutes a cause for the reversion Puno (Chairman), J., Abroad on Official Business.
of the property to the state, as we held in Republic v. Court of Petition granted, judgment set aside. That of the trial court
Appeals:68 reinstanted.
Note.—Where public land is acquired by an applicant through
_______________ fraud and misrepresentation, the State may institute reversion
proceedings even after the lapse of one year. (Republic vs. De
Guzman, 326 SCRA 574 [2000])
——o0o——
_______________
69
Republic v. Court of Appeals, supra, p. 648, per
Panganiban, J.
Republic of the Philippines
70
Republic of the Philippines v. Garcia, et al., 105 Phil. 826, Supreme Court
May 27, 1959. BaguioCity
379
© Copyright 2018 Central Book Supply, Inc. All rights FIRST DIVISION
reserved.
ANNA LERIMA PATULA, G.R. No. 164457
Petitioner,
Present:
CORONA,C.J.,Chairperson,
-versus- LEONARDO-DE CASTRO,
BERSAMIN,
DEL CASTILLO, and
VILLARAMA, JR.,JJ.
Promulgated:
PEOPLE OF
THE PHILIPPINES, April 11, 2012
Respondent.
x-----------------------------------------------------------------------------------------
x
DECISION
BERSAMIN, J.:
benefit, to the damage and prejudice of the said company
In the trial of everycriminal case, a judge must rigidlytest the
in the aforesaid amount of P131,286.97.
States evidence of guilt in order to ensure that such evidenceadheres to the
Contrary to Art. 315, par 1 (b) of the Revised Penal Code.
basic rules of admissibility before pronouncing an accused guilty of the [1]
crime charged upon such evidence. Nothing less is demanded of the judge;
otherwise, the guarantee of due process of law is nullified.The accused need Petitioner pled not guiltyto the offense charged in the
notadduceanythingto rebut evidence that is discredited for failing the information. At pre-trial, no stipulation of factswas had, and petitioner did
test.Acquittal should then follow. not avail herself of plea bargaining. Thereafter, trial on the merits ensued.
Antecedents The Prosecutions first witness was Lamberto Go, who testified that
he was the branch manager of Footluckers Chain of Stores, Inc.
Petitioner was charged withestafaunder an informationfiled in the Regional
(Footluckers) in Dumaguete City since October 8, 1994; that petitioner was
Trial Court (RTC) in DumagueteCitythat averred:
an employee of Footluckers, starting as a saleslady in 1996 until she became
That on or about and during the period from March 16 to
a sales representative; that as a sales representative she was authorized to
20, 1997 and for sometime prior thereto, in the City of
Dumaguete, Philippines, and within the jurisdiction of this take orders from wholesale customers coming from different towns (like
Honorable Court, the said accused, being then a
Bacong, Zamboanguita, Valencia, Lumbangan and Mabinay in Negros
saleswoman of Footluckers Chain of Stores, Inc.,
Dumaguete City, having collected and received the total Oriental, and Siquijor), and to collect payments from them; that she could
sum of P131,286.97 from several customers of said
company under the express obligation to account for the issue and sign official receipts of Footluckers for the payments, which she
proceeds of the sales and deliver the collection to the said would then remit; that she would then submit the receipts for the payments
company, but far from complying with her obligation and
after a reasonable period of time despite repeated for tallying and reconciliation; that at first her volume of sales was quite
demands therefore, and with intent to defraud the said high, but later on dropped, leading him to confront her; that she responded
company, did, then and there willfully, unlawfully and
feloniously fail to deliver the said collection to the said that business was slow; that he summoned the accounting clerk to verify;
company but instead, did, then and there willfully
that the accounting clerk discovered erasures on some collection receipts;
unlawfully and feloniously misappropriate, misapply and
convert the proceeds of the sale to her own use and that he decided to subject her to an audit by company auditor Karen
Guivencan; that he learned from a customer of petitioners that the Differences in Records as per Audit Duly Verified March 16-20, 1997
customers outstanding balance had already been fully paid although that marked as Exhibit A; and that based on the report, petitioner had
balance appeared unpaid in Footluckers records; and that one night later on, misappropriated the total amount ofP131,286.92.[3]
petitioner and her parents went to his house to deny having misappropriated
any money of Footluckers and to plead for him not to push through with a During Guivencans stint as a witness, the Prosecution marked the
case against her, promising to settle her account on a monthly basis; and that ledgers of petitioners various customers allegedly with discrepancies as
she did not settle after that, but stopped reporting to work.[2] Exhibits B to YYand their derivatives, inclusive. Each of the ledgers had a
first column that contained the dates of the entries, a second that identified
On March 7, 2002, Gos cross examination, re-direct examination the invoices by the number, a third that statedthe debit, a fourth that noted
and re-crossexamination were completed. the credit (or the amounts paid), and a fifth that summed the balances (debit
minus credit).Only 49 of theledgerswere formally offered and admitted by
The only other witness for the Prosecution was Karen Guivencan, the RTC because the 50thledger could no longer be found.
whomFootluckers employed as its store auditor since November 16,
1995 until her resignation on March 31, 2001. She declared that Go had In the course of Guivencansdirect-examination,petitioners counsel
requested her to audit petitioner after some customers had told him that they interposed a continuing objection on the ground that the figuresentered in
had already paid their accounts but the office ledger had still reflected Exhibits B to YYand their derivatives, inclusive, were hearsay because the
outstandingbalances for them; that she first conducted her audit by going to persons who had made the entries were not themselves presented in court.
[4]
the customers in places from Mabinay to Zamboanguitain Negros Oriental, With that, petitioners counsel did not anymore cross-examine Guivencan,
and then in Siquijor; thatshe discovered in the course of her audit that the apparently regarding her testimony to be irrelevant because she thereby
amounts appearing on the original copies of receipts in the possession of tended to prove falsification, an offense not alleged in the information.
around 50 customers varied from the amounts written on the duplicate
copies of the receipts petitioner submitted to the office; that upon TheProsecution thenformally offered its documentary exhibits,
completing her audit, she submittedto Go a written report denominated as including Exhibits B to YYand their derivatives (like the originals and
List of Customers Covered by Saleswoman LERIMA PATULA w/ duplicates of the receipts supposedly executed and issued by petitioner),
shall be effective only until the promulgation of this
inclusive, the confirmation sheets used by Guivencan in auditing the
judgment.
accounts served by petitioner, and Guivencans so-called Summary (Final
SO ORDERED.[8]
Report) of Discrepancies.[5]
Pursuant to Sec. 2, Rule 114 of the Revised Rules 1. WHETHER THE ACCUSED OR ANY
of Criminal Procedure, the cash bail put up by the accused ACCUSED FOR THAT MATTER , CHARGED
OF ESTAFA UNDER ART. 315, PAR. 1 (B) OF THE IMMATERIAL SINCE THE CHARGE AGAINST THE
REVISED PENAL CODE CAN BE CONVICTED ACCUSED IS ESTAFA UNDER ART. 315, PAR. 1 (B)
UPON OR BY EVIDENCE OF FALSIFICATION OF THE REVISED PENAL CODE.
WHICH IS EVEN (SIC) NOT ALLEGED IN THE
INFORMATION. 5. WHETHER OR NOT THE TRIAL COURT
ERRED IN CONCLUDING THAT THE EVIDENCE OF
2. WHETHER THE ACCUSEDS THE PROSECUTION REMAINS UNREFUTED AND
CONSTITUTIONAL AND STATUTORY RIGHT TO BE UNCONTROVERTED DESPITE ACCUSEDS
INFORMED OF THE NATURE AND CAUSE OF THE OBJECTION THAT SAID EVIDENCE IS
ACCUSATION AGAINST HER WAS VIOLATED IMMATERIAL AND IRRELEVANT TO THE CRIME
WHEN SHE WAS CONVICTED UPON OR BY CHARGED.
EVIDENCE OF FALSIFICATION CONSIDERING
THAT THE CHARGE AGAINST HER 6. WHETHER OR NOT THE DEFENSES NOT
IS ESTAFA THROUGH MISAPPROPRIATION UNDER CROSS-EXAMINING KAREN GUIVENCAN FOR
ART. 315, PAR. 1 (B) OF THE REVISED PENAL THE REASON THAT HER TESTIMONY IS
CODE. IMMATERIAL AND IRRELEVANT AS IT TENDED TO
PROVE AN OFFENSE NOT CHARGED IN
3. WHETHER OR NOT THE TRIAL COURT INFORMATION RESULTED IN THE ADMISSION OF
ERRED IN ADMITTING IN EVIDENCE, EXHIBITS B SAID TESTIMONY AS BEING UNREFUTED AND
TO YY-YY-2, ALL PRIVATE DOCUMENTS, THE DUE UNCONTROVERTED, AND WHETHER OR NOT THE
EXECUTION AND AUTHENTICITY OF WHICH DEFENSES OBJECTION WOULD NOT BE
WERE NOT PROVED IN ACCORDANCE WITH SEC. CONSIDERED WAIVED IF THE DEFENSE CROSS-
20, RULE 132 OF THE SAID REVISED RULES ON EXAMINED SAID WITNESS.
EVIDENCE ASIDE FROM THE FACT THAT SAID 7. WHETHER OR NOT THE TRIAL COURT
EXHIBITS TEND TO PROVE FALSIFICATION BY ERRED IN RULING THAT EXHIBIT A, WHICH IS
THE ACCUSED, A CRIME NEITHER CHARGED NOR THE LIST OF CUSTOMERS COVERED BY
ALLEGED IN THE INFORMATION. SALESWOMAN LERIMA PATULA WITH
DIFFERENCE IN RECORD IS NOT HEARSAY AND
4. WHETHER OR NOT THE TRIAL COURT SELF-SERVING.[10]
ERRED IN ADMITTING THE TESTIMONY OF
KAREN GUIVENCAN DESPITE THE OBJECTION
THAT SAID TESTIMONY WHICH TRIED TO PROVE The foregoing issues are now restatedas follows:
THAT THE ACCUSED FALSIFIED EXHIBITS B TO
YY-YY-2INCLUSIVE VIOLATED THE ACCUSEDS
CONSTITUTIONAL RIGHT TO BE INFORMED OF 1. Whether or not the failure of the information
THE NATURE AND CAUSE OF THE ACCUSATION for estafa to allege the falsification of the duplicate
AGAINST HER, FOR BEING IRRELEVANT AND receipts issued by petitioner to her customersviolated
petitioners right to be informed of the nature and
of the duplicate receipts, and (b) when it convicted her of estafa under
cause of the accusation;
Article 315, paragraph 1(b) of the Revised Penal Codeby relying on the
2. Whether or not the RTC gravely erred in admitting
evidence of the falsification of the duplicate evidence on falsification.
receiptsdespite the information not alleging the
falsification;
The contentionof petitioner cannot be sustained.
3. Whether or not the ledgers and receipts (Exhibits B
to YY, and their derivatives, inclusive) were
admissible as evidence of petitioners guilt The Bill of Rights guaranteessome rightsto every person accused of
for estafaas charged despite their not being duly
a crime, among them the right to be informed of the nature and cause of the
authenticated;and
4. Whether or not Guivencanstestimony onthe ledgers accusation, viz:
and receipts (Exhibits B to YY, and their derivatives,
inclusive) to prove petitioners misappropriation or
conversion wasinadmissible for being hearsay. Section 14. (1) No person shall be held to answer
for a criminal offense without due process of law.
Petitioner contends that the RTC grossly violated her Rule 110 of the Revised Rules of Court, the rule then in effect
Constitutional right to be informed of the nature and cause of the accusation when the information was filed in the RTC, contained the following
when: (a) it held that the information did not have to allege her falsification provisions on the proper manner of alleging the nature and cause of the
accusation in the information, to wit:
Section 8.Designation of the offense. Whenever Article 315. Swindling (estafa). Any person who
possible, a complaint or information should state the shall defraud another by any of the means mentioned
designation given to the offense by the statute, besides the hereinbelow shall be punished by:
statement of the acts or omissions constituting the same,
and if there is no such designation, reference should be 1st. The penalty of prision correccional in its
made to the section or subsection of the statute punishing maximum period to prision mayor in its minimum period,
it. (7) if the amount of the fraud is over 12,000 pesos but does
not exceed 22,000 pesos, and if such amount exceeds the
Section 9.Cause of accusation. The acts or latter sum, the penalty provided in this paragraph shall be
omissions complained of as constituting the offense must imposed in its maximum period, adding one year for each
be stated in ordinary and concise language without additional 10,000 pesos; but the total penalty which may
repetition, not necessarily in the terms of the statute be imposed shall not exceed twenty years. In such cases,
defining the offense, but in such form as is sufficient to and in connection with the accessory penalties which may
enable a person of common understanding to know what be imposed under the provisions of this Code, the penalty
offense is intended to be charged, and enable the court to shall be termed prision mayoror reclusion temporal, as
pronounce proper judgment. (8) the case may be.
The importance of the proper manner of alleging the nature and
2nd. The penalty of prision correccional in its
cause of the accusation in the informationshould never be taken for granted minimum and medium periods, if the amount of the fraud
is over 6,000 pesos but does not exceed 12,000 pesos;
by the State. An accused cannot be convicted of an offense that is not
clearly charged in the complaint or information. To convict him of an 3rd. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period if
offense other than that charged in the complaint or information would be such amount is over 200 pesos but does not exceed 6,000
violative of the Constitutional right to be informed of the nature and cause pesos; and
of the accusation.[11] Indeed, the accused cannot be convicted of a crime, 4th. By arresto mayor in its maximum period, if
such amount does not exceed 200 pesos, provided that in
even if duly proven, unless the crime is alleged or necessarily included in
the four cases mentioned, the fraud be committed by any
the information filed against him. of the following means:
xxx
The crime of estafacharged against petitioner was defined and
1. With unfaithfulness or abuse of confidence,
penalized by Article 315, paragraph 1 (b), Revised Penal Code, viz: namely:
xxx According to the theory and proof of the Prosecution, petitioner
misappropriated or converted the sums paid by her customers, and later
(b) By misappropriating or converting, to the
prejudice of another, money, goods, or any other falsified the duplicates of the receipts before turning such duplicates to her
personal property received by the offender in trust or
employer to show that the customers had paid less than the amounts actually
on commission, or for administration, or under any
other obligation involving the duty to make delivery of reflected on the original receipts. Obviously, she committed the falsification
or to return the same, even though such obligation be
totally or partially guaranteed by a bond; or by in order to conceal her misappropriation or conversion. Considering that the
denying having received such money, goods, or other falsificationwas not an offense separate and distinct from the estafacharged
property.
against her, the Prosecution could legitimately prove her acts of falsification
xxx as its means of establishing her misappropriation or conversion as an
essential ingredient of the crime duly alleged in the information. In that
The elements of the offense charged were as follows:
manner, her right to be informed of the nature and cause of the accusation
(a) That the offender received money, goods or other against her was not infringed or denied to her.
personal property in trust, or on commission, or for
administration, or under any other obligation
involving the duty to make delivery of, or to return, We consider it inevitable to conclude that the information herein
the same;
completely pleaded the estafa defined and penalized under Article 315,
(b) That the offender misappropriated or converted such paragraph 1 (b), Revised Penal Codewithin the context of the substantive
money, goods or other personal property, or denied
his part in its receipt; lawand the rules. Verily, there was no necessity for the information to allege
the acts of falsification by petitioner because falsification was not an
(c) That the misappropriation or conversion or denial was
to the prejudice of another; and element of the estafacharged.
It would seem that the accused is of the idea that Nonetheless, in all criminal prosecutions, the Prosecution bears the
because the crime charged in the [i]nformation is
merely [e]stafa and not [e]stafa [t]hru [f]alsification of burden to establish the guilt of the accused beyond reasonable doubt. In
documents, the prosecution could not prove discharging this burden, the Prosecutions duty is to prove each and every
falsification. Such argumentation is not correct. Since
the information charges accused only of element of the crime charged in the information to warrant a finding of guilt
misappropriation pursuant to Art. 315, par. (1b) of the
for that crime or for any other crime necessarily included therein. [14] The
Revised [P]enal Code, the Court holds that there is no
necessity of alleging the falsification in the Information Prosecution must further prove the participation of the accused in the
as it is not an element of the crime charged.
commission of the offense. [15]In doing all these, the Prosecution must rely
Distinction should be made as to when the on the strength of its own evidence, and not anchor its success upon the
crimes of Estafa and Falsification will constitute as one
complex crime and when they are considered as two weakness of the evidence of the accused. The burden of proof placed on the
separate offenses. The complex crime of Estafa Prosecution arises from the presumption of innocence in favor of the
Through Falsification of Documents is committed
accused that no less than the Constitution has guaranteed. [16]Conversely, as On his part, Go essentially described for the trial court the various
[17]
to his innocence, the accused has no burden of proof, that he must then be duties of petitioner as Footluckers sales representative. On her part,
acquitted and set free should the Prosecution not overcome the presumption Guivencan conceded having no personal knowledge of the amounts actually
of innocence in his favor.In other words, the weakness of the defense put up received by petitioner from the customersor remitted by petitioner to
by the accused is inconsequential in the proceedings for as long as the Footluckers.This means that persons other than Guivencan prepared
Prosecution has not discharged its burden of proof in establishing the Exhibits B to YY and their derivatives, inclusive,and that Guivencan based
commission of the crime charged and in identifying the accused as the her testimony on the entries found in the receipts supposedly issued by
malefactor responsible for it. petitioner and in the ledgers held by Footluckers corresponding to each
customer, as well as on the unsworn statements of some of the customers.
Did the Prosecution adduce evidence that proved beyond Accordingly, her being the only witness who testified on the entries
reasonable doubt the guilt of petitioner for the estafa charged in the effectively deprived the RTC of the reasonable opportunity to validate and
information? test the veracity and reliability of the entries as evidence of petitioners
misappropriation or conversion through cross-examination by petitioner.
To establish the elements of estafaearlier mentioned, the The denial of that opportunity rendered theentire proof of misappropriation
Prosecution presented the testimonies of Go and Guivencan, and various or conversion hearsay, and thus unreliable and untrustworthy for purposes
documentsconsisting of: (a) the receipts allegedly issued by petitioner to of determining the guilt or innocence of the accused.
each of her customers upon their payment, (b) the ledgers listing the
accounts pertaining to each customer with the corresponding notations of
the receipt numbers for each of the payments, and (c) the confirmation To elucidate why the Prosecutions hearsay evidence was unreliable
[18]
sheets accomplished by Guivencan herself. The ledgers and receipts were and untrustworthy, and thus devoid of probative value, reference is made
marked and formally offered as Exhibits B to YY, and their derivatives, toSection 36 of Rule 130, Rules of Court, a rule that states that a witness
inclusive. can testify only to those facts that she knows of her personal knowledge;
that is, which are derived from her own perception, except as otherwise
provided in the Rules of Court. The personal knowledge of a witness is a
substantive prerequisite for accepting testimonial evidence that establishes offered against a party who is afforded no opportunity to cross-examine the
the truth of a disputed fact. A witness bereft ofpersonal knowledge of the witness, it is hearsay just the same.[21]
disputed fact cannot be called upon for that purpose because her testimony
derives its value not from the credit accorded to her as a witness presently Moreover, the theory of the hearsay rule is that when a human
testifying but from the veracity and competency of the extrajudicial source utterance is offered as evidence of the truth of the fact asserted, the credit of
of her information. the assertor becomes the basis of inference, and, therefore, the assertion can
be received as evidence only when made on the witness stand, subject to the
In case a witness is permitted to testify based on what she has heard test of cross-examination. However, if an extrajudicial utterance is offered,
another person say about the facts in dispute, the person from whom the not as an assertion to prove the matter asserted but without reference to the
witness derived the information on the facts in dispute is not in truth of the matter asserted, the hearsay rule does not apply. For example, in
court and under oath to be examined and cross-examined. The weight of a slander case, if a prosecution witness testifies that he heard the accused say
such testimony thendepends not upon theveracity of the witness but upon the that the complainant was a thief, this testimony is admissible not to prove
veracity of the other person giving the information to the witness without that the complainant was really a thief, but merely to show that the accused
oath. The information cannot be tested because the declarant is not standing uttered those words.[22] This kind of utterance ishearsay in character but is
in court as a witness andcannot, therefore, be cross-examined. not legal hearsay.[23]The distinction is, therefore, between (a) the fact that the
statement was made, to which the hearsay rule does not apply, and (b) the
It is apparent, too, that a person who relates a hearsay is not obliged truth of the facts asserted in the statement, to which the hearsay rule applies.
[24]
to enter into any particular, to answer any question, to solve any difficulties,
to reconcile any contradictions, to explain any obscurities, to remove any
ambiguities; and that she entrenches herself in the simple assertion that she Section 36, Rule 130 of the Rules of Court is understandably not
was told so, and leaves the burden entirely upon the dead or absent author. the only rule that explains why testimony that is hearsay should be excluded
[19]
Thus, the rule against hearsay testimony rests mainly on the ground that from consideration. Excluding hearsay also aims to preserve the right of the
there was no opportunity to cross-examine the declarant. [20] The testimony opposing party to cross-examine the originaldeclarant claiming to have a
may have been given under oath and before a court of justice, but if it is direct knowledge of the transaction or occurrence.[25]If hearsay is allowed,
as to any matters stated in the direct examination, or
the right stands to be denied because the declarant is not in court. [26]It is then
connected therewith, with sufficient fullness and freedom
to be stressed that the right to cross-examine the adverse partys witness, to test his accuracy and truthfulness and freedom from
interest or bias, or the reverse, and to elicit all important
facts bearing upon the issue. (8a)
being the only means of testing the credibility of witnesses and their
testimonies, is essential to the administration of justice. Although the second solution traces its existence to a Constitutional precept
relevant to criminal cases, i.e., Section 14, (2), Article III, of the
To address the problem of controlling inadmissible hearsay as 1987 Constitution,which guarantees that: In all criminal prosecutions, the
evidence to establish the truth in a dispute while also safeguardinga partys accused shall xxx enjoy the right xxx to meet the witnesses face to face xxx ,
right to cross-examine her adversarys witness,the Rules of Court offers two the rule requiring the cross-examination by the adverse party equally applies
solutions. The firstsolution is to require that allthe witnesses in a judicial to non-criminal proceedings.
trial or hearing be examined only in courtunder oath or affirmation. Section
1, Rule 132 of the Rules of Court formalizes this solution,viz:
We thus stress that the rule excluding hearsay as evidence is based
Section 1. Examination to be done in open court. - upon serious concerns about the trustworthiness and reliability
The examination of witnesses presented in a trial or
hearing shall be done in open court, and under oath or
of hearsay evidence due to its not being given under oath or solemn
affirmation. Unless the witness is incapacitated to speak,
or the question calls for a different mode of answer, the
affirmation and due to its not being subjected to cross-examination by the
answers of the witness shall be given orally. (1a)
opposing counsel to test the perception, memory, veracity and articulateness
The secondsolution is to require that all witnesses besubject to the cross-
of the out-of-court declarant or actor upon whose reliability the worth of the
examination by the adverse party. Section 6, Rule 132 of the Rules of
out-of-court statement depends.[27]
Courtensuresthis solutionthusly:
ATTY. ABIERA:
have been admitted;[30] or (d) when the document is not being offered as Q. Now, these receipts which you mentioned which do not
genuine.[31] tally with the original receipts, do you have
copies of these receipts?
A. Yes, I have a copy of these receipts, but its not now in
my possession.
There is no question that Exhibits B to YY and their derivatives
Q. But when asked to present those receipts before this
were private documents because private individuals executed or generated Honorable Court, can you assure this
them for private or business purposes or uses. Considering that none of the (Next Page)
exhibits came under any of the four exceptions, they could not be presented
ATTY ABIERA (continuing):
and admitted as evidence against petitioner without the Prosecution Honorable Court that you will be able to present those
dutifully seeing to their authentication in the manner provided in Section20 receipts?
A. Yes.
of Rule 132 of the Rules of Court,viz: Q. You are also familiar with the signature of the
accused in this case, Anna Lerima Patula?
Section 20. Proof of private documents. Before A. Yes.
any private document offered as authentic is received in Q. Why are you familiar with the signature of the
evidence, its due execution and authenticity must be accused in this case?
proved either: A. I used to see her signatures in the payroll and in the
receipts also.
(a) By anyone who saw the document executed Q. Okay, I have here a machine copy of a receipt which
or written; or we would present this,or offer the same as
soon as the original receipts can be
(b) By evidence of the genuineness of the presented, but for purposes only of your
signature or handwriting of the maker. testimony, Im going to point to you a
certain signature over this receipt number
Any other private document need only be identified FLDT96 20441, a receipt from Cirila
as that which it is claimed to be. Askin, kindly go over the signature and
tell the Honorable Court whether you are
familiar with the signature? (Next Page)
A. Yes, that is her signature.
INTERPRETER: COURT:
Witness is pointing to a signature above the printed word Bracket the signature &mark it as Exh. A-1. What is the
collector. number of that receipt?
(Next Page)
ATTY. ABIERA:
Q. Is this the only receipt wherein the name, the
signature rather, of the accused in this ATTY. ABIERA:
case appears? Receipt No. 20441 dated August 4, 1996 the statement
A. That is not the only one, there are many receipts. that: received from Cirila Askin.[32]
ATTY. ABIERA: xxx
In order to save time, Your Honor, we will just be
presenting the original receipts Your
Honor, because its quite voluminous, so we As the excerpts indicate, Gos attempt at authentication of the signature of
will just forego with the testimony of the
witness but we will just present the petitioner on the receipt with serial number FLDT96 No. 20441 (a
same using the testimony of another document that was marked as Exhibit A, while the purported signature of
witness, for purposes of identifying the
signature of the accused. We will request petitioner thereon was marked as Exhibit A-1) immediately fizzled out after
that this signature which has been identified the Prosecution admitted that the document was a meremachinecopy, not the
to by the witness in this case be marked,
Your Honor, with the reservation to present original. Thereafter, as if to soften its failed attempt, the Prosecution
the original copy and present the same to
expressly promised to produce at a later date the originalsof the receipt with
offer as our exhibits but for the meantime,
this is only for the purposes of recording, serial number FLDT96 No. 20441 and other receipts. But that promise was
Your Honor, which we request the same, the
receipt which has just been identified awhile not even true, because almost in the same breath the Prosecution offered to
ago be marked as our Exhibit A You Honor. authenticate the signature of petitioner on the receiptsthrougha different
COURT:
Mark the receipt as Exhibit A. witness (though then still unnamed). As matters turned out in the end, the
ATTY. ABIERA: effort to have Go authenticate both themachinecopy of the receiptwith serial
And the signature be bracketed and be marked as Exhibit
A-1. number FLDT96 No. 20441 and the signature of petitioner on that receipt
was wasteful because the machine copy was inexplicablyforgotten and was had not seen petitioner affix her signature on the receipts, as the following
no longer evenincluded in the Prosecutions Offer of Documentary excerpts from her testimony bear out:
Evidence.
ATTY. ZERNA to witness:
Q. There are two (2) receipts attached here in the
It is true that the original of the receipt bearing serial number confirmation sheet, will you go over these
Miss witness?
FLDT96 No. 20441was subsequentlypresented as Exhibit Bthrough A. This was the last payment which is fully paid by
Guivencan. However,the Prosecution did not establishthat the signature the customer. The other receipt is the one
showing her payment prior to the last
appearing on Exhibit B was the same signature that Go had earliersought to payment.
identify to be the signature of petitioner (Exhibit A-1) on the machine copy COURT:
Q. Where did you get those two (2) receipts?
(Exhibit A). This is borne out by the fact that the Prosecution abandoned A. From the customer.
Q. And who issued those receipts?
Exhibit A as the marking nomenclature for the machine copyof the receipt
A. The saleswoman, Miss Patula.
bearing serial number FLDT96 No. 20441 for all intents and purposes of ATTY. ZERNA:
We pray, Your Honor, that this receipt identified be
this case, and used the same nomenclature to referinstead toan entirely marked as Exhibit B-3, receipt number
differentdocument entitled List of Customers covered by ANA LERIMA 20441.
PATULA w/difference in Records as per Audit duly verified March 16-20, (Next Page)
1997.
COURT:
Mark it.
In her case, Guivencans identification of petitioners signature on ATTY. ZERNA:
The signature of the collector be marked as
two receipts based alone on the fact that the signatures contained the legible Q. By the way, there is a signature above the name of
the collector, are your familiar with that
family name of Patula was ineffectual, and exposed yet another deep flaw
signature? (shown to witness)
infecting the documentary evidence against petitioner. Apparently, A. Yes.
Q. Whose signature is that?
Guivencan could not honestly identify petitioners signature on the receipts A. Miss Patula.
either because she lacked familiarity with such signature, or because she Q. How do you know?
A. It can be recognized because of the word Patula.
Q. Are you familiar with her signature?
her lack of independent knowledge of the veracity of the entries, as the
A. Yes.
ATTY. ZERNA: following excerpts of her testimony show:
We pray that the signature be bracketed and marked as ATTY. ZERNA to witness:
Exhibit B-3-a Q. What is your basis of saying that your office records
COURT: showed that this Cecilia Askin has an
Mark it. account of P10,791.75?
ATTY. ZERNA: ATTY. DIEZ:
The other receipt number 20045 be marked as Exhibit B-4 The question answers itself, You Honor, what is the basis,
and the signature as Exhibit B-4-a. office record.
COURT: COURT:
Mark it.[33] Let the witness answer.
WITNESS:
xxx A. I made the basis on our ledger in the office. I just
copied that and showed it to the customers
ATTY. ZERNA: for confirmation.
Q. Ms. Witness, here is a receipt colored white, number
26603 issued to one Divina Cadilig. Will ATTY. ZERNA to witness:
you please identify this receipt if this is the Q. What about the receipts?
receipt of your office? COURT:
A.Yes. Make a follow-up question and what was the result when
Q.There is a signature over the portion for the you copied that amount in the ledger and
collector. Whose signature is this? you had it confirmed by the customers, what
A.Ms. Patula. was the result when you had it confirmed by
Q.How do you know that this is her signature? the customers?
A.Because we can read the Patula.[34] WITNESS:
A. She has no more balance but in our office she has still
a balance of P10,971.75.
We also have similar impressions of lack of proper authentication as to the ATTY. ZERNA to witness:
Q. Do you have a-whats the basis of saying that the
ledgers the Prosecution presented to prove the discrepancies between the
balance of this customer is still P10,971.75
amountspetitioner hadallegedly received from the customers and the
(Next Page)
amounts she had actually remitted to Footluckers. Guivencanexclusively
relied on the entries of the unauthenticated ledgersto support her audit ATTY. ZERNA (continuing):
[i]n your office?
report on petitioners supposed misappropriation or conversion, revealing COURT:
That was already answered paero, the office has a ledger. The confirmation sheet was the one you referred to as
Q. Now, did you bring the ledger with you? the receipt in your earlier testimony? Is that
A. No, Maam.[35] what you referred to as the receipts, the
original receipts?
(Continuation of the Direct Examination of A. This is what I copied from the ledger.
Karen Guivencan on August 13, 2002) Q. So where was that(sic) original receipt which you said
showed that that particular customer still has
ATTY. ZERNA to witness: a balance of Ten Thousand something?
Q. Okay, You said there are discrepancies between the A. The receipt is no longer here.
original and the duplicate, will you please Q. You mean the entry of that receipt was already
enlighten the Honorable Court on that entered in the ledger?
discrepancy which you said?
A. Like in this case of Cirila Askin, she has already fully A. Yes.[36]
paid. Her ledger shows a zero balance she
has fully paid while in the original
In the face of the palpable flaws infecting the Prosecutions evidence, it
(Next page)
should come as no surprise that petitioners counsel interposed timely
WITNESS (continuing):
[r]eceipt she has a balance of Ten Thousand Seven objections. Yet, the RTC mysteriously overruled the objections and
hundred Ninety-one Pesos and Seventy- allowedthe Prosecutionto present the unauthenticated ledgers, as follows:
five Centavos (10,791.75).
COURT:
Q. What about the duplicate receipt, how much is (Continuation of the Direct Examination of
indicated there? Witness Karen Guivencan on September 11, 2002)
A. The customer has no duplicate copy because it was
already forwarded to the Manila Office. ATTY. ZERNA:
Q. What then is your basis in the entries in the ledger
showing that it has already a zero balance? CONTINUATION OF DIRECT-EXAMINATION
A. This is the copy of the customer while in the office, in
the original receipt she has still a balance. Q Ms. Witness, last time around you were showing us
xxx several ledgers. Where is it now?
ATTY. ZERNA: A It is here.
The confirmation sheet --- Q Here is a ledger of one Divina Cadilig. This Divina
Cadilig, how much is her account in your
office?
COURT: ATTY. DIEZ:
Your Honor please before the witness will proceed to I think, I remember in the last setting also, she testified
answer the question, let me interpose our where those entries were taken. So, you
objection on the ground that this ledger answer the query of counsel.
has not been duly identified to by the xxx
person who made the same. This witness
will be testifying on hearsay matters ATTY. DIEZ:
because the supposed ledger was not Your Honor please, to avoid delay, may I interpose a
identified to by the person who made the continuing objection to the questions
same. profounded(sic) on those ledgers on the
COURT: ground that, as I have said, it is hearsay.
Those ledgers were already presented in the last hearing. I
think they were already duly identified by COURT:
this witness. As a matter of fact, it was she Okey(sic). Let the continuing objection be noted.
who brought them to court
Q (To Witness) The clerk who allegedly was the one
(Next Page) who prepared the entries on those ledgers,
is she still connected with Footluckers?
COURT (cont.):
because these were the ledgers on file in their office. A She is no longer connected now, Your Honor,
ATTY. DIEZ
That is correct, Your Honor, but the person who made COURT:
the entries is not this witness, Your Honor. Alright proceed.
How do we know that the entries there is
(sic) correct on the receipts submitted to (Next Page)
their office.
COURT: ATTY. ZERNA:
Precisely, she brought along the receipts also to support Your Honor, these are entries in the normal course of
that. Let the witness answer. business. So, exempt from the hearsay
WITNESS: rule.
A Its the office clerk in-charge. COURT:
COURT: Okey(sic), proceed.[37]
The one who prepared the ledger is the office clerk.
ATTY. ZERNA:
She is an auditor, Your Honor. She has been qualified and
she is the auditor of Footluckers.
COURT: The mystery shrouding the RTCs soft treatment of the Prosecutions
flawed presentation was avoidable simply by the RTC adhering to the
packing list, bill of lading, SGS Report, and the Marine
instructions of the rules earlier quoted, as well as withSection 22 of Rule
Cargo Policy. Petitioner avers that even though King was
132 of the Rules of Court,which contains instructions on how to prove the personally assigned to handle and monitor the importation
of Philippine Nails and Wires Corporation, herein
genuineness of a handwriting in a judicial proceeding, as follows: respondent, this cannot be equated with personal
knowledge of the facts which gave rise to respondents
Section 22. How genuineness of handwriting cause of action. Further, petitioner asserts, even though
proved. The handwriting of a person may be proved by she personally prepared the summary of weight of steel
any witness who believes it to be the handwriting of such billets received by respondent, she did not have personal
person because he has seen the person write, or has seen knowledge of the weight of steel billets actually shipped
writing purporting to be his upon which the witness and delivered.
has acted or been charged, and has thus acquired
knowledge of the handwriting of such person. Evidence At the outset, we must stress that respondents cause
respecting the handwriting may also be given by a of action is founded on breach of insurance contract
comparison, made by the witness or the court, with covering cargo consisting of imported steel billets. To
writings admitted or treated as genuine by the party hold petitioner liable, respondent has to prove, first, its
against whom the evidence is offered, or proved to be importation of 10,053.400 metric tons of steel billets
genuine to the satisfaction of the judge. (Emphases valued at P67,156,300.00, and second, the actual steel
supplied) billets delivered to and received by the importer, namely
the respondent. Witness Jeanne King, who was assigned
If it is already clear that Go and Guivencan had not themselves to handle respondents importations, including their
seen the execution or signing of the documents,the Prosecution surely did insurance coverage, has personal knowledge of the
volume of steel billets being imported, and therefore
not authenticate Exhibits B to YY and their derivatives conformably with competent to testify thereon. Her testimony is not hearsay,
as this doctrine is defined in Section 36, Rule 130 of the
the aforequoted rules. Hence, Exhibits B to YY, and their derivatives,
Rules of Court.However, she is not qualified to testify
inclusive, were inescapably bereft of probative value as evidence. That was on the shortage in the delivery of the imported steel
billets. She did not have personal knowledge of the
the onlyfair and just result, as the Court held in Malayan Insurance Co., actual steel billets received. Even though she prepared
Inc. v. Philippine Nails and Wires Corporation:[38] the summary of the received steel billets, she based the
summary only on the receipts prepared by other
persons. Her testimony on steel billets received was
On the first issue, petitioner Malayan Insurance hearsay. It has no probative value even if not objected
Co., Inc., contends that Jeanne Kings testimony was to at the trial.
hearsay because she had no personal knowledge of the
execution of the documents supporting respondents On the second issue, petitioner avers that King
cause of action, such as the sales contract, invoice, failed to properly authenticate respondents documentary
evidence. Under Section 20, Rule 132, Rules of In sum, we find no sufficient competent evidence to
Court, before a private document is admitted in prove petitioners liability.
evidence, it must be authenticated either by the person
who executed it, the person before whom its execution
was acknowledged, any person who was present and That the Prosecutions evidence was left uncontested because
saw it executed, or who after its execution, saw it and
recognized the signatures, or the person to whom the petitioner decided not to subject Guivencan to cross-examination, and did
parties to the instruments had previously confessed not tender her contrary evidencewas inconsequential. Although the trial
execution thereof. In this case, respondent admits that
King was none of the aforementioned persons. She court had overruled the seasonable objections to Guivencans testimony
merely made the summary of the weight of steel billets bypetitioners counsel due to the hearsay character, it could not be denied
based on the unauthenticated bill of lading and the
SGS report. Thus, the summary of steel billets actually thathearsay evidence, whether objected to or not, had no probative value.
received had no proven real basis, and Kings [39]
Verily, the flaws of the Prosecutions evidence were fundamental and
testimony on this point could not be taken at face
value. substantive, not merely technical and procedural, and were defects that the
xxx Under the rules on evidence, documents are adverse partys waiver of her cross-examination or failure to rebutcould not
either public or private. Private documents are those that set right or cure. Nor did the trial courts overruling of petitioners objections
do not fall under any of the enumerations in Section 19,
Rule 132 of the Rules of Court.Section 20of the same law, imbue the flawed evidence with any virtue and value.
in turn, provides that before any private document is
received in evidence, its due execution and authenticity
must be proved either by anyone who saw the document Curiously, the RTC excepted the entries in the ledgers from the
executed or written, or by evidence of the genuineness of application of the hearsay rule by also terselystating that the ledgers were
the signature or handwriting of the maker. Here,
respondents documentary exhibits are private prepared in the regular course of business. [40]Seemingly, the RTC applied
documents. They are not among those enumerated in
Section 43, Rule 130 of the Rules of Court, to wit:
Section 19, thus, their due execution and authenticity
need to be proved before they can be admitted
in evidence.With the exception concerning the Section 43. Entries in the course of business.
summary of the weight of the steel billets imported, Entries made at, or near the time of the transactions to
respondent presented no supporting evidence which they refer, by a person deceased, or unable to
concerning their authenticity. Consequently, they testify, who was in a position to know the facts therein
cannot be utilized to prove less of the insured cargo stated, may be received as prima facie evidence, if such
and/or the short delivery of the imported steel billets. person made the entries in his professional capacity or in
the performance of duty and in the ordinary or regular
admissibility before pronouncing an accused guilty of the crime charged
course of business or duty.
upon such evidence. The failure of the judge to do so herein nullified the
guarantee of due of process of law in favor of the accused, who had no
This was another grave error of the RTC.The terse yet sweeping
obligation to prove her innocence. Heracquittal should follow.
mannerof justifying the application of Section 43 was unacceptable due to
the need to show the concurrence of the several requisites before entries in IV
No reliable evidence on damage
the course of business could be excepted from the hearsay rule. The
requisites are as follows:
Conformably with finding the evidence of guilt unreliable, the
(a) The person who made the entry must be dead or
Court declares that the disposition by the RTC ordering petitioner to
unable to testify;
indemnify Footluckers in the amount of P131,286.92 with interest of
(b) The entries were made at or near the time of the
transactions to which they refer; 12% per annum until fully paid was not yet shown to be factually founded.
Yet, she cannot now be absolved of civil liability on that basis. Heracquittal
(c) The entrant was in a position to know the facts stated
in the entries; has to bedeclared as without prejudice to the filing of a civil action against
her for the recovery of any amount that she may still owe to Footluckers.
(d) The entries were made in his professional capacity or
in the performance of a duty, whether legal,
contractual, moral, or religious;
WHEREFORE, the Court SETS ASIDE ANDREVERSESthe
(e) The entries were made in the ordinary or regular decision convicting ANNA LERIMA PATULAof estafa as charged,
course of business or duty.[41]
and ACQUITS her for failure of the Prosecution to prove her guilt beyond
reasonable doubt, without prejudice to a civil action brought against her for
LUCAS P. BERSAMIN
Associate Justice
WE CONCUR:
RENATO C. CORONA
Chief Justice
Chairperson
G.R. No. 198022. April 7, 2014.*
PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs.SONNY
GATARIN y CABALLERO @ “JAYR” and EDUARDO
QUISAYAS, accused,
EDUARDO QUISAYAS, accusedappellant.
Criminal Law; Robbery with Homicide; Elements of.—To
sustain a conviction for robbery with homicide, the prosecution
must prove the following elements: (1) the taking of personal
property belonging to another; (2) with intent to gain; (3) with the
use of violence or intimidation against a person; and (4) on the
occasion or by reason of the robbery, the crime of homicide, as
used in the generic sense, was committed.
Same; Corpus Delicti; Words and Phrases; Corpus delicti has killing may occur before, during or after the robbery. What is
been defined as the body or substance of the crime and, in its crucial for a conviction for the crime of robbery with homicide is
for the prosecution to firmly establish the offender’s intent to take
primary sense, refers to the fact that a crime has actually been
personal property before the killing, regardless of the time when
committed.—The prosecution did not convincingly establish the homicide is actually carried out. In this case, there was no
the corpus delicti of the crime of robbery. Corpus delicti has been showing of the appellant’s intention, determined by their acts
defined as the body or substance of the crime and, in its primary prior to, contemporaneous with, and subsequent to the
sense, refers to the fact that a crime has actually been committed. commission of the crime, to commit robbery. No shred of evidence
As applied to a particular offense, it means the actual commission is on record that could support the conclusion that appellant’s
by someone of the particular crime charged. In this case, the primary motive was to rob Januario and that he was able to
element of taking, as well as the existence of the money alleged to accomplish it. Mere speculation and probabilities cannot
have been lost and stolen by appellant, was not adequately substitute for proof required in establishing the guilt of an
established. We find no sufficient evidence accused beyond reasonable doubt.
_______________
* THIRD DIVISION. Remedial Law; Evidence; Hearsay Evidence Rule; Dying
17to show either the amount of money stolen, or if any Declaration; Requisites for the Admissibility of Dying Declaration
amount was in fact stolen from Januario. Even if we consider as an Exception to the Hearsay Evidence Rule.—A dying
Januario’s dying declaration, the same pertains only to the declaration, although generally inadmissible as evidence due to
stabbing incident and not to the alleged robbery. its hearsay character, may nonetheless be admitted when the
following requisites concur, namely: (a) the declaration concerns
Same; Robbery with Homicide; Assuming that robbery was
the cause and the surrounding circumstances of the declarant’s
indeed committed, the prosecution must establish with certitude death; (b) it is made when death appears to be imminent and the
that the killing was a mere incident to the robbery, the latter being declarant is under a consciousness of impending death; (c) the
the perpetrator’s main purpose and objective.—Assuming that declarant would have been competent to testify had he or she
robbery was indeed committed, the prosecution must establish survived; and (d) the dying declaration is offered in a case in
with certitude that the killing was a mere incident to the robbery, which the subject of inquiry involves the declarant’s death.
the latter being the perpetrator’s main purpose and objective. It is 18
not enough to suppose that the purpose of the author of the
homicide was to rob; a mere presumption of such fact is not Same; Same; Same; Same; The rule is that, in order to make
sufficient. Stated in a different manner, a conviction requires a dying declaration admissible, a fixed belief in inevitable and
certitude that the robbery is the main purpose, and objective of imminent death must be entered by the declarant.—In the case at
the malefactor and the killing is merely incidental to the robbery. bar, it appears that not all the requisites of a dying declaration
The intent to rob must precede the taking of human life but the are present. From the records, no questions relative to the second
requisite was propounded to Januario. It does not appear that the victim and the aggressor, assessing a superiority of strength
declarant was under the consciousness of his impending death notoriously advantageous for the aggressor which the latter
when he made the statements. The rule is that, in order to make
selected or took advantage of in the commission of the crime.—
a dying declaration admissible, a fixed belief in inevitable and
From the evidence presented, we find that as alleged in the
imminent death must be entered by the declarant. It is the belief
information, abuse of superior strength attended the commission
in impending death and not the rapid succession of death in point
of the crime, and thus, qualifies the offense to murder. Abuse of
of fact that renders a dying declaration admissible. The test is
superior strength is considered whenever there is a notorious
whether the declarant has abandoned all hopes of survival and
inequality of forces between the victim and the aggressor,
looked on death as certainly impending. Thus, the utterances
assessing a superiority of strength notori
made by Januario could not be considered as a dying declaration.
19ously advantageous for the aggressor which the latter
Same; Same; Same; Res Gestae; Words and Phrases; Res selected or took advantage of in the commission of the crime.
APPEAL from a decision of the Court of Appeals.
gestae refers to the circumstances, facts, and declarations that
grow out of the main fact and serve to illustrate its character and The facts are stated in the opinion of the Court.
are so spontaneous and contemporaneous with the main fact as to Office of the Solicitor General for plaintiffappellee.
exclude the idea of deliberation and fabrication.—Even if
Public Attorney’s Office for accusedappellant.
Januario’s utterances could not be appreciated as a dying
PERALTA, J.:
declaration, his statements may still be appreciated as part of
Assailed in this appeal is the Court of
the res gestae. Res gestae refers to the circumstances, facts, and
Appeals (CA)Decision1 dated February 23, 2011 in C.A.G.R. CR
declarations that grow out of the main fact and serve to illustrate
its character and are so spontaneous and contemporaneous with H.C. No. 03593 affirming the Regional Trial
the main fact as to exclude the idea of deliberation and Court (RTC)2Decision3 dated June 20, 2008 in Criminal Case No.
fabrication. The test of admissibility of evidence as a part of 13838 convicting appellant Eduardo Quisayas of Robbery with
the res gestae is, therefore, whether the act, declaration, or Homicide committed against the victim Januario
exclamation, is so interwoven or connected with the principal fact Castillo yMasangcay (Januario).
or event that it characterizes as to be regarded as a part of the The facts of the case follow:
transaction itself, and also whether it clearly negates any Appellant and accused Sonny Gatarin y Caballero were
premeditation or purpose to manufacture testimony.
charged in an Information4 with Robbery with
Criminal Law; Aggravating Circumstances; Abuse of Homicide committed as follows:
That on or about the 3rd day of November, 2004, at about 8:00
Superior Strength; Abuse of superior strength is considered
o’clock (sic) in the evening, at Barangay Poblacion, Municipality
whenever there is a notorious inequality of forces between the
of Mabini, Province of Batangas, Philippines and within the The prosecution presented the testimonies of the following
jurisdiction of this Honorable Court, the abovenamed accused, witnesses: (1) Maria Castillo, the victim’s wife; (2) Howel Umali
armed with a bladed weapon, conspiring and confederating (Umali), who allegedly saw how the accused mauled the victim;
together, acting in common accord and mutually helping each (3) SPO3 Gregorio G. Mendoza (SPO3 Mendoza) of the Mabini
other, with intent to gain, without the knowledge and consent of Police Station, who saw the victim lying on the floor and the
the owner thereof and with violence against or intimidation of accused running away from the crime scene, and testified on the
person, did then and there will dying declaration of Januario; (4) Dr. Catalino Ike A. Rasa Jr.
_______________
(Dr. Rasa), who attended to the victim when he was brought to
1 Penned by Associate Justice Stephen C. Cruz, with Associate
the hospital; and (5) PO1 Rogelio Dizon Coronel (PO1 Coronel),
Justices Isaias P. Dicdican and Rodil V. Zalameda,
who saw the accused running fast near the crime scene and who,
concurring; Rollo, pp. 214.
likewise, testified on Januario’s ante mortem statement.
2 Branch 3, Pallocan West, Batangas City.
From the testimonies of the abovenamed witnesses, the
3 Penned by Judge Ruben A. Galvez, CA Rollo, pp. 511.
prosecution established the following facts:
4 Records, pp. 23.
On November 3, 2004, at 8 o’clock in the evening, Umali was
20fully, unlawfully and feloniously take, rob, and carry away
riding a bicycle on his way home when he saw Januario being
cash money amounting to Twenty Thousand Pesos (P20,000.00),
mauled by two persons opposite Dom’s Studio in Poblacion,
Philippine Currency, belonging to Januario Castillo y Masangcay Mabini, Batangas. Upon seeing the incident, he stayed in front of
alias “Ka Maning,” to the damage and prejudice of the latter in the church until such time that the accused ran
the aforementioned amount and that on the occasion and by _______________
reason of said robbery, the said accused with intent to kill and 5 Id.
taking advantage of their superior strength, did then and there 21away and were chased by policemen who alighted from the
willfully, unlawfully and feloniously attack, assault and stab with police patrol vehicle.6
the said weapon Januario Castillo y Masangcay alias On the same night, SPO3 Mendoza and PO1 Coronel were on
“Ka Maning,” thereby inflicting upon the latter the stab wounds board their patrol vehicle performing their routine patrol duty
to [the] anterior chest and right shoulder and right axilla, which when they met two men, later identified as the accused, who were
directly caused his death. running at a fast speed. When asked why they were running, the
Contrary to law.5 accused did not answer prompting the policemen to chase them.
The policemen, however, were unsuccessful in catching them and
when it became evident that they could no longer find them, they
Appellant was arrested, while his coaccused remained at
continued patrolling the area. There they saw Januario lying on
large. When arraigned, he pleaded “Not Guilty.” Trial on the
the street in front of Dom’s studio. As he was severely injured, the
merits thereafter ensued.
policemen immediately boarded Januario to the patrol vehicle
and brought him to the Zigzag Hospital. While inside the vehicle, On June 20, 2008, the RTC rendered a Decision against the
SPO3 Mendoza asked Januario who hurt him. He answered that appellant, the dispositive portion of which reads:
it was “JayR and his uncle” who stabbed him. The uncle turned WHEREFORE, the People having proven the guilt of accused
out to be the appellant herein, while JayR is his coaccused who Eduardo Quisayas beyond reasonable doubt, he is hereby declared
remains atlarge.7 “GUILTY” of the offense as charged. Accordingly, he is hereby
At the Zigzag Hospital, Januario was attended to by Dr. Rasa sentenced to a prison term of Reclusion Perpetua.
who found him in critical condition. Three fatal wounds caused by
Further, he is hereby ordered to pay herein offended party of
a bladed weapon were found in Januario’s body which eventually
the following:
caused his death.8
Maria Castillo, for her part, testified on how she learned of (a) civil indemnity in the amount of Php50,000.00;
what happened to her husband, the victim herein, the amount (b) actual damages in the amount of Php20,000.00, plus
allegedly stolen from her husband, as well as on the expenses and Php35,310.00 (funeral and hospital expenses); and
loss incurred by reason of Januario’s death. She, further, (c) moral damages in the amount of Php100,000.00.
quantified the sorrow and anxiety the family suffered by reason of
SO ORDERED.12
such death.9
In his defense, appellant denied the accusation against him.
He claimed that he is from the Province of Samar but has been The trial court gave credence to the testimony of Maria
residing in Cupang, Muntinlupa City since 1987. He Castillo not only as to the fact of taking money from Januario but
_______________ also the amount taken.13 The fact of death was, likewise, found
6 TSN, February 20, 2006, pp. 57. by the court to have been adequately proven by the testimony of
Dr. Rasa.14 Though there was no evidence whether the unlawful
7 Rollo, p. 5.
taking preceded the killing of Januario,
8 Id.
_______________
9 CA Rollo, p. 6. 10 TSN, November 27, 2007, pp. 113.
22denied knowing, much more residing in, Mabini, Batangas, as 11 TSN, January 31, 2008, pp. 114.
he only heard about the province from his employer who happens 12 Records, pp. 187188.
to be a resident therein. He claimed that he did not know 13 Id., at pp. 185186.
Januario and that he was, in fact, working in Muntinlupa City on
14 Id., at p. 186.
the date and time the crime was allegedly committed.10
23the court held that there was direct and intimate connection
The prosecution’s rebuttal witness Mr. Bienvenido Caponpon,
between the two acts.15
however, belied appellant’s claim and insisted that appellant was
As to the identity of the perpetrators, the court considered the
renting a house in Mabini, Batangas and that he was seen there
victim’s response to SPO3 Mendoza’s question as to who
until the day the crime was committed.11
committed the crime against him as part of the res gestae, which
is an exception to the hearsay rule.16 As to appellant’s defense of First, in order to sustain a conviction for the crime of robbery
alibi, the court gave more weight to the prosecution’s rebuttal with homicide, it is necessary that the robbery itself be proven as
evidence that indeed the former was an actual resident of Mabini, conclusively as any other essential element of the crime.21 In
Batangas.17 order for the crime of robbery with homicide to exist, it must be
On appeal, the CA affirmed the RTC decision. Contrary, established that a robbery has actually taken place and that, as a
however, to the RTC’s conclusion, the appellate court considered consequence or on the occasion of robbery, a homicide be
Januario’s statement to SPO3 Mendoza, that the accused were committed.22
the ones who stabbed him and took his wallet, not only as part For there to be robbery, there must be taking of personal
of res gestae but also as a dying declaration.18 property belonging to another, with intent to gain, by means of
Hence, the appeal before the Court. violence against or intimidation of any person or by using force
We find appellant guilty beyond reasonable doubt not of upon on things.23 Both the RTC and the CA concluded that
robbery with homicide but of murder. robbery was committed based on the testimonies of Maria
The trial court’s factual findings, including its assessment of Castillo, SPO3 Mendoza, and PO1 Coronel. A closer look at the
the credibility of the witnesses, the probative weight of their testimonies of these witnesses, however, failed to convince us that
testimonies, and the conclusions drawn from the factual findings indeed robbery took place.
are accorded great respect and even conclusive effect. We, Maria Castillo’s testimony was offered by the prosecution to
nevertheless, fully scrutinize the records, since the penalty prove that her husband, the victim herein, was a victim of
of reclusion perpetua that the CA imposed on appellant demands robbery with homicide and that he is a businessman, and that she
no less than this kind of careful and deliberate consideration.19 suffered damages by reason of such death. The pertinent portion
To sustain a conviction for robbery with homicide, the of her direct testimony is quoted below for a closer scrutiny:
prosecution must prove the following elements: (1) the taking of ATTY. MASANGYA:
personal property belonging to another; (2) with intent to gain; (3) Q The victim in this case Januario Castillo, how are you
with the use of violence or intimidation against a related to him?
_______________ _______________
15 Id. 20 Id., at p. 621; People v. Latam, G.R. No. 192789, March
16 Id. 23, 2011, 646 SCRA 406, 410; People v. Baron, G.R. No.
17 Id., at p. 187. 185209, June 28, 2010, 621 SCRA 646, 656.
18 Rollo, p. 8. 21 People v. Orias, G.R. No. 186539, June 29, 2010, 622
SCRA 417, 430.
19 People v. Algarme, G.R. No. 175978, February 12, 2009, 578
SCRA 601, 613. 22 People v. Abundo, 402 Phil. 616, 635636; 349 SCRA 577,
24person; and (4) on the occasion or by reason of the robbery, the 594 (2001), citing People v. Pacala, 58 SCRA 370, 377
crime of homicide, as used in the generic sense, was committed.20
378; (1974); People v. Arondain, 418 Phil. 354, 367; 366 We will object. That will be misleading.
SCRA 98, 104 (2001). COURT:
23 People v. Obedo, 451 Phil. 529, 538; 403 SCRA 431, 438 If she is aware.
(2003). ATTY. EBORA:
25 We submit.
WITNESS: COURT:
A My husband, sir. You ask her if she is aware who the perpetrators are.
Q On November 3, 2004, do you remember of any 26
unusual incident that has occurred? ATTY. MASANGYA:
A Yes, sir. Q Madam Witness, were you informed who are the
Q And what is that event? perpetrators of the crime on your husband?
A At around 8:30 o’clock in the evening of November 3, WITNESS:
2004 while I was at home, policemen arrived and A Not yet, sir. It was not told to me by the policemen
informed me that my husband was wounded, sir. because the policemen were in a hurry.
ATTY. MASANGYA:
Q Did these police officers inform you the location (sic) of
Q After the policemen went to your house, was there [any]
where your husband was located?
person who informed you who were the perpetrators of
A According to the policemen, my husband was at Zigzag
the crime?
Hospital, sir.
A Yes, sir. My niece.
Q Did you go to Zigzag Hospital, Madam Witness?
Q And who is that niece of yours, Madam Witness?
A Yes, sir.
A Josephine Borbon, sir.
Q What happened, Madam Witness, when you arrived
Q Did Miss Borbon tell you about the identity of the
at the hospital?
perpetrators of the crime, Madam Witness?
A I was informed by the nurse there that my husband
A Yes, sir.
was already dead.
Q And who are the persons did Miss Borbon mention?
ATTY. MASANGYA:
A My former helper Sonny Gatarin and his uncle
Q Were you informed of the cause of the death of your
Eduardo Quisayas, sir.
husband?
Q You were told that your husband was robbed, how much
WITNESS:
was taken from your husband, Madam Witness?
A According to them my husband was wounded, many
A P20,000.00.
wounds and he was robbed, sir.
Q And can you tell, Madam Witness, why is your husband
Q Madam Witness, were you able to know who are the
carrying that amount of money at the time of his
persons responsible for the death of your husband?
death?
ATTY. EBORA:
A Yes, sir. A We felt deep sorrow together with my three (3)
WITNESS: children, sir. (Witness is crying)
A Those were the earnings for that day for he delivered x x x x24
merchandise and groceries, sir.
ATTY. MASANGYA: From the above testimony, it can be inferred that Maria
Q Do you know, Madam Witness, if your husband is Castillo obviously was not at the scene of the crime on that fateful
engaged in any business? night as she was only informed that the incident took place and
A Yes, sir. that Januario was brought to the Zigzag Hospital. It, likewise,
Q And what is your proof in saying your husband is appears that she had no personal knowledge that Januario was
engaged in business? robbed. While she claimed that P20,000.00 was illegally taken
A Our business was we delivered bottled goods and from him, no evidence was presented to show that Januario
groceries, sir. indeed had that amount at that time and that the same was in his
27 possession. As Maria Castillo claimed that the said amount was
Q The business wherein your husband is engaged has an allegedly received from their clients
existing license with the appropriate local government? _______________
A Yes, sir. 24 TSN, November 24, 2005, pp. 38.
Q If a copy will be shown to you, will you be able to 28in their grocery business, said fact could have been proven by
identify the same? receipts or testimonies of said clients. The prosecution’s failure to
A Yes, sir. present such evidence creates doubt as to the existence of the
Q I am showing to you [a] certified copy of [the] Mayor’s money.
permit previously marked as Exhibit “H?” The trial and appellate courts likewise relied on the testimony
A This is it, sir. of SPO3 Mendoza and PO1 Coronel on the statement of Januario
Q If you know, Madam Witness, how much is your after the commission of the crime. While both policemen testified
husband earning in his sarisari or grocery business? as to the dying declaration of Januario pertaining to the cause
WITNESS: and circumstances surrounding his death, only PO1 Coronel
A Yes, sir. testified during his direct examination that when asked who
ATTY. MASANGYA: stabbed him, Januario replied that it was “JayAr and his uncle
Q How much is he earning at the time? who stabbed him and took his wallet.”25 In response to the
A He earns P40,000.00. Presiding Judge’s clarificatory question, however, PO1 Coronel
Q In a month or year? admitted that when he asked Januario who stabbed him, he
A P40,000.00 a month, sir. replied that it was JayAr and his uncle. After which, no further
Q How do you feel or confront the situation that your question was asked.26 On the other hand, nowhere in SPO3
husband is already dead?
Mendoza’s testimony did he talk about the alleged taking of A None, your Honor.
wallet. The pertinent portions of their testimonies read: x x x x28
Direct Testimony of SPO3 Mendoza:
Direct Examination of PO1 Coronel: x x x x
x x x x Q And when you saw Januario Castillo lying on the
Q What did you do next after boarding him inside your street, what did you do?
vehicle? A We lifted him and boarded him in our vehicle then we
A We brought him at the Zigzag Hospital and we asked brought him to the hospital.
him who stabbed him. Q While you were travelling, were you able to talk to the
Q What was his reply Mr. Witness? victim Januario Castillo?
A He told us that Jayar and his uncle stabbed him and A Yes, sir.
took his wallet. Q What was your conversation all about?
x x x x27 A I asked Ka Maning Castillo as to who stabbed him
_______________ and he answered JayR and his uncle.
25 TSN, July 10, 2007, p. 8. x x x x29
26 Id., at p. 20. _______________
27 Id., at p. 8.
29PO1 Coronel’s Answers to the questions propounded by 28 Id., at p. 20.
the Presiding Judge: 29 TSN, May 30, 2006, pp. 67.
THE COURT: 30
Alright, the Court will ask. It is, therefore, clear from the foregoing that the evidence
Q When did you talk with the victim? presented to prove the robbery aspect of the special complex crime
A When we were inside the patrol car, your Honor. of robbery with homicide, does not show that robbery actually
Q What exactly did you ask from the victim? took place. The prosecution did not convincingly establish
A I asked him who stabbed him, your Honor. the corpus delicti of the crime of robbery. Corpus delicti has been
Q Did you tell the victim his condition? defined as the body or substance of the crime and, in its primary
A No, your Honor. sense, refers to the fact that a crime has actually been committed.
Q You just asked the victim who stabbed him? As applied to a particular offense, it means the actual commission
A Yes, your Honor. by someone of the particular crime charged.30In this case, the
Q What was the answer of the victim? element of taking, as well as the existence of the money alleged to
A That he was stabbed by Jayar and his uncle, your have been lost and stolen by appellant, was not adequately
Honor. established.31 We find no sufficient evidence to show either the
Q And no other question did you ask him? amount of money stolen, or if any amount was in fact stolen from
Januario. Even if we consider Januario’s dying declaration, the substitute for proof required in establishing the guilt of an
same pertains only to the stabbing incident and not to the alleged accused beyond reasonable doubt.37
robbery. Where the evidence does not conclusively prove the robbery,
Moreover, assuming that robbery was indeed committed, the the killing of Januario would be classified either as a simple
prosecution must establish with certitude that the killing was a homicide or murder, depending upon the absence or presence of
mere incident to the robbery, the latter being the perpetrator’s any qualifying circumstance, and not the crime of robbery with
main purpose and objective. It is not enough to suppose that the homicide.38
purpose of the author of the homicide was to rob; a mere To establish the fact that appellant and his coaccused killed
presumption of such fact is not sufficient.32 Stated in a different the victim by stabbing him with a bladed weapon, the prosecution
manner, a conviction requires certitude that the robbery is the presented Umali as an eyewitness to the mauling incident. It was
main purpose, and objective of the malefactor and the killing is this same witness who identified the perpetrators. The trial and
merely incidental to the robbery. The intent to rob must precede appellate courts also relied on the statement of Januario as to the
the taking of human life but the killing may occur before, during circumstances of his death, testified to by PO1 Coronel and SPO3
or after the robbery.33 What is crucial for a conviction for the Mendoza as dying declaration and as part of res gestae.
crime of robbery with homicide is for the prosecution to firmly A dying declaration, although generally inadmissible as
establish the offender’s intent to take personal property before evidence due to its hearsay character, may nonetheless be
the killing, regardless of the time when the homicide is actually admitted when the following requisites concur, namely: (a) the
carried out.34 In this case, declaration concerns the cause and the surrounding
_______________ circumstances of the declarant’s death; (b) it is made when death
30 People v. Obedo, supra note 23 at pp. 538539; pp. 438439. appears to be imminent and the declarant is under a
31 Id., at p. 539; p. 439. consciousness of impending death; (c) the declarant would have
32 People v. Algarme, supra note 19 at p. 625. been competent to testify had he or she survived; and (d) the
_______________
33 Id., at p. 621; People v. Latam, supra note 20 at p. 410.
35 See People v. Algarme, supra note 19 at pp. 625626.
34 People v. Canlas, 423 Phil. 665, 684; 372 SCRA 401, 417
(2001). 36 People v. Canlas, supra note 34.
31there was no showing of the appellant’s intention, determined 37 Id., at pp. 684685; p. 418.
by their acts prior to, contemporaneous with, and subsequent to 38 People v. Orias, supra note 21.
the commission of the crime, to commit robbery.35 No shred of 32dying declaration is offered in a case in which the subject of
evidence is on record that could support the conclusion that inquiry involves the declarant’s death.39
appellant’s primary motive was to rob Januario and that he was In the case at bar, it appears that not all the requisites of a
able to accomplish it.36Mere speculation and probabilities cannot dying declaration are present. From the records, no questions
relative to the second requisite was propounded to Januario. It
does not appear that the declarant was under the consciousness of The requisites for admissibility of a declaration as part of
his impending death when he made the statements. The rule is the res gestae concur herein. When Januario gave the identity of
that, in order to make a dying declaration admissible, a fixed the assailants to SPO3 Mendoza, he was referring to a startling
belief in inevitable and imminent death must be entered by the occurrence which is the stabbing by appellant and his coaccused.
declarant. It is the belief in impending death and not the rapid At that time, Januario and the witness were in the vehicle that
succession of death in point of fact that renders a dying would bring him to the hospital, and thus, had no time to contrive
declaration admissible. The test is whether the declarant has his identification of the assailant. His utterance about appellant
abandoned all hopes of survival and looked on death as certainly and his coaccused having stabbed him, in answer to the question
impending.40 Thus, the utterances made by Januario could not be of SPO3 Mendoza, was made in spontaneity and only in reaction
considered as a dying declaration. to the startling occurrence. Definitely, the statement is relevant
However, even if Januario’s utterances could not be because it identified the accused as the authors of the crime.
appreciated as a dying declaration, his statements may still be Verily, the killing of Januario, perpetrated by appellant, is
appreciated as part of the res gestae. Res gestae refers to the adequately proven by the prosecution.
circumstances, facts, and declarations that grow out of the main From the evidence presented, we find that as alleged in the
fact and serve to illustrate its character and are so spontaneous information, abuse of superior strength attended the commission
and contemporaneous with the main fact as to exclude the idea of of the crime, and thus, qualifies the offense to murder. Abuse of
deliberation and fabrication. The test of admissibility of evidence superior strength is considered whenever there is a notorious
as a part of the res gestae is, therefore, whether the act, inequality of forces between the victim and the aggressor,
declaration, or exclamation, is so interwoven or connected with assessing a superiority of strength notoriously advantageous for
the principal fact or event that it characterizes as to be regarded the aggressor which the latter selected or took advantage of in the
as a part of the transaction itself, and also whether it clearly commission of the crime.42
negates any premeditation or purpose to manufacture It is clear from the records of the case that Januario was then
testimony.41 fiftyfour (54) years old. Appellant, on the other hand, was then
_______________ forty (40) years old. Appellant committed the crime with his co
39 People v. Rarugal, G.R. No. 188603, January 16, 2013, 688 accused, his nephew. Clearly, assailants are younger than the
victim. These two accused were seen by Umali as the persons who
SCRA 646, 654; People v. Maglian, G.R. No. 189834, March 30,
mauled Januario. Moreover, assailants were armed with a bladed
2011, 646 SCRA 770, 778.
weapon, while Januario was unarmed. This same bladed weapon
40 Belbis, Jr. v. People, G.R. No. 181052, November 14, 2012, was used in repeatedly stabbing Januario, who no longer showed
685 SCRA 518, 530531. any act of defense. Dr. Rasa, the medical doctor who attended to
41 People v. Salafranca, G.R. No. 173476, February 22, 2012, Januario when he was brought to the hospital, also testified as to
666 SCRA 501, 514. the nature and extent of the injury sustained by Januario. He
33 _______________
42 People v. Calpito, 462 Phil. 172, 179; 416 SCRA 491, 495 2. Stab wound over the right anterior deltoid muscle,
(2003). penetrating 3” into the right axilla space; injuring the axilla
34clearly stated that Januario sustained three fatal injuries blood vessels.
which caused his death. The pertinent portion of Dr. Rasa’s 3. Stab wound over the right axilla, penetrating to the right
testimony reads: chest cavity.
ATTY. MASANGYA: _______________
Q How many injuries were sustained by the victim, Mr. 43 TSN, May 24, 2007, pp. 56.
Witness? 35
A Three. CAUSES OF DEATH
Q In what parts of the body was the victim injured? Immediate Cause: Hypovolemic Shock
A The victim sustained three injuries: one on the left side Antecedent Cause: Multiple stab wounds to the anterior
of the parasternal border the heart (sic) and it chest, right axilla, and right axilla penetrating the chest
penetrated, and then the second one was on the right cavity.
side of the chest near the shoulder and the third one x x x x44
was under the armpit also to the chest.
ATTY. MASANGYA:
From the testimony of the eyewitness and corroborated by the
Q Which of those injuries caused the death of the
medical certificate of Dr. Rasa, it can be inferred that indeed the
victim?
qualifying circumstance of abuse of superior strength attended
A All of them are fatal, because the one over the heart
the commission of the crime. To be sure, with two assailants
penetrated the heart and the aorta. The one in the
younger than the victim, armed with a bladed weapon and
anterior chest near the right shoulder hit the blood
inflicting multiple mortal wounds on the victim, there is definitely
vessels of the armpit and the wound under the armpit
abuse of superior strength deliberately taken advantage of by
apparently hit the lungs.
appellant and his coaccused in order to consummate the offense.
x x x x43
Now on the penalty. Article 248 of the Revised Penal Code
provides:
This same physician issued the Medical Certificate explaining
ART. 248. Murder.—Any person who, not falling within the
the location of the stab wounds as well as the cause of death of
Januario, to wit: provisions of article 246 shall kill another, shall be guilty of
Location of Stab Wounds: murder and shall be punished by reclusion perpetua to death if
1. Stab wound penetrating 2nd intercostal space left para committed with any of the following attendant circumstances:
sternal border, 6” deep penetrating the heart chambers and 1. With treachery, taking advantage of superior
aorta. strength, with the aid of armed men, or employing means to
weaken the defense or of means or persons to insure or afford of MURDER and is sentenced to suffer the penalty of reclusion
impunity. perpetua.
x x x x45 We, likewise, ORDER appellant TO PAY the heirs of the
There being neither mitigating nor aggravating victim Januario Castillo y Masangcay the following: (1)
P35,300.00 actual damages; (2) P50,000.00 civil indemnity; (3)
circumstances, appellant shall be meted the penalty of reclusion
P50,000.00 moral damages; (4) P30,000.00 exemplary damages;
perpetua. plus (5) six percent (6%) interest on all damages awarded from
Finally, the award of damages. In murder, the grant of civil the date of the finality of this decision until full payment.
indemnity which has been fixed by jurisprudence at _______________
_______________
46 People v. Gutierrez, G.R. No. 188602, February 4, 2010, 611
44 Records, p. 144.
SCRA 633, 646647.
45 Emphasis supplied.
47 People v. Camat, G.R. No. 188612, July 30, 2012, 677 SCRA
36P50,000.00 requires no proof other than the fact of death as a
result of the crime and proof of the accused’s responsibility 640, 672; People v. Concillado, G.R. No. 181204, November 28,
therefor. Moral damages, on the other hand, which in this case is 2011, 661 SCRA 363, 384; People v. Rebucan, G.R. No. 182551,
also P50,000.00 are awarded in view of the violent death of the July 27, 2011, 654 SCRA 726, 760.
victim.46 Moreover, exemplary damages in the amount of 37SO ORDERED.
P30,000.00 should likewise be given, considering that the offense Velasco, Jr. (Chairperson), Abad, Mendoza and Leonen, JJ.,
was attended by an aggravating circumstance whether ordinary, concur.
or qualifying as in this case. As duly proven by Maria Castillo, Judgment modified, Eduardo Quisayas guilty of murder.
actual damages representing the hospital and funeral expenses,
as evidenced by receipts in the amount of P35,300.00, be awarded.
Finally, in addition and in conformity with current policy, we also
G.R. No. 214453. June 17, 2015.*
impose on all the monetary awards for damages an interest at the
legal rate of six percent (6%) from date of finality of this decision
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.
until full payment.47
BERNABE P. PALANAS alias “ABE,” accused-appellant.
WHEREFORE, premises considered, we MODIFY the Court
Criminal Law; Murder; Murder is defined and
of Appeals Decision dated February 23, 2011 in C.A.G.R. CR
penalized under Article 248 of the Revised Penal Code
H.C. No. 03593, affirming the Regional Trial Court Decision
(RPC), as amended by Republic Act (RA) No. 7659 .—
dated June 20, 2008 in Criminal Case No. 13838, convicting
Murder is defined and penalized under Article 248 of
appellant Eduardo Quisayas of Robbery with Homicide. We find
the RPC, as amended by Republic Act No. (RA) 7659, as
appellant guilty beyond reasonable doubt of the crime
follows: Art. 248. Murder.—Any person who, not falling
within the provisions of Article 246, shall kill another, swift, deliberate, and unexpected manner, granting the
shall be guilty of murder and shall be punished by victim no chance to
reclusion perpetua to death if committed with any of _______________
the following attendant circumstances: 1. With * FIRST DIVISION.
treachery, taking advantage of superior strength, with 319
the aid of armed men, or employing means to weaken
VOL. 759, JUNE 17, 2015
the defense, or of means or persons to insure or afford
People vs. Palanas
impunity.
Same; Aggravating Circumstances; Treachery;
There is treachery when the offender commits any of resist or escape. The attack must be sudden and
unexpected rendering the victim unable and
the crimes against a person, employing means,
methods or forms in the execution thereof which tend unprepared to put up a defense. With the foregoing in
mind, the Court agrees with the findings of the RTC and
directly and specially to insure its execution, without
risk to himself arising from the defense which the the CA that Palanas killed SPO2 Borre, and that the
qualifying circumstance of treachery attended the
offended party might make.—Treachery is a well-
established concept in criminal law. “There is treachery same. The records show that SPO2 Borre was outside
carrying his grandson when two (2) assailants shot him.
when the offender commits any of the crimes against a
person, employing means, methods or forms in the During the attack, SPO2 Borre had no opportunity to
raise any meaningful defense against his assailants;
execution thereof which tend directly and specially to
insure its execution, without risk to himself arising and consequently, he suffered multiple gunshot wounds
on his head and trunk, causing his death.
from the defense which the offended party might
make.” There are two (2) conditions therefore that must Remedial Law; Evidence; Dying Declaration;
be met for treachery to be appreciated: ( a) the Hearsay Evidence Rule; Conditions for a dying
employment of means of execution that gives the declaration to constitute an exception to the hearsay
person attacked no opportunity to defend himself or to evidence rule.—For a dying declaration to constitute an
retaliate; and (b) the means of execution was exception to the hearsay evidence rule, four (4)
conditions must concur: (a) the declaration must
deliberately or consciously adopted.
Same; Same; Same; The essence of treachery is concern the cause and surrounding circumstances of
the declarant’s death; (b) that at the time the
that the attack comes without warning in a swift,
deliberate, and unexpected manner, granting the victim declaration was made, the declarant is conscious of his
impending death; (c) the declarant was competent as a
no chance to resist or escape .—The essence of
treachery is that the attack comes without warning in a witness; and (d) the declaration is offered in a criminal
case for Homicide, Murder, or Parricide where the credence since no person aware of his impending death
declarant is the victim. On the other hand, a statement
would make a careless and false accusation. Verily,
to be deemed to form part of the res gestae, and thus,
because the declaration was made in extremity, when
constitute another exception to the rule on hearsay the party is at the point of death and when every
evidence, requires the concurrence of the following motive of falsehood is silenced and the mind is induced
requisites: (a) the principal act, the res gestae, is a
by the most powerful considerations to speak the truth,
startling occurrence; (b) the statements were made the law deems this as a situation so solemn and awful
before the declarant had time to contrive or devise; and
as creating an obligation equal to that which is
(c) the statements must concern the occurrence in imposed by an oath administered in court.
question and its immediately attending circumstances. Same; Same; Res Gestae; The test of admissibility
Same; Same; Same; Same; Because the of evidence as a part of the res gestae is, therefore,
declaration was made in extremity, when the party is at
whether the act, declaration, or exclamation is so
the point of death and when every motive of falsehoodintimately interwoven or connected with the principal
is silenced and the mind is induced by the most fact or event that it characterizes as to be regarded as
powerful considerations to speak the truth, the law a part of the transaction itself, and also whether it
deems this as a situation so solemn and awful as clearly negates any premeditation or purpose to
creating an obligation equal to that which is imposedmanufacture testimony.—In the same vein, SPO2
by an oath administered in court .—In the case at bar,
Borre’s statements may likewise be deemed to form
SPO2 Borre’s statements constitute a part of the res gestae. “Res gestae refers to the
dying
declaration, given that they pertained to the cause and
circumstances, facts, and declarations that grow out of
circumstances of his death and taking into
the main fact and serve to illustrate its character and
consideration the number and severity of his wounds, it
are so spontaneous and contemporaneous with the
may be reasonably presumed that he uttered the same main fact as to exclude the idea of deliberation and
under a fixed belief that his own death was already fabrication. The test of admissibility of evidence as a
imminent. This declaration is considered evidence of part of the res gestae is, therefore, whether the act,
the highest order and is entitled to utmost declaration, or exclamation is so intimately interwoven
320 or connected with the principal fact or event that it
characterizes as to be regarded as a part of the
32 SUPREME COURT REPORTS ANNOTATED
transaction itself, and also whether it clearly negates
0
any premeditation or purpose to manufacture
People vs. Palanas
testimony.” In this case, SPO2 Borre’s statements refer
to a startling occurrence, i.e., him being shot by
Palanas and his companion. While on his way to the had access to a motorcycle that allowed him to travel
hospital, SPO2 Borre had no time to contrive the faster on the date and time of the incident. Under the
identification of his assailants. Hence, his utterance circumstances, there is the possibility that Palanas
was made in spontaneity and only in reaction to the could have been present at the locus criminis at the
startling occurrence. Definitely, such statement is time of the shooting. Accordingly, his defense of alibi
relevant because it identified Palanas as one of the must fall.
authors of the crime. Therefore, the killing of SPO2 Same; Penalties; Section 3 of Republic Act (RA)
Borre, perpetrated by Palanas, is adequately proven by No. 9346 provides that “[p]ersons convicted of offenses
the prosecution. punished with reclusion perpetua, or whose sentences
Criminal Law; Alibi; It is axiomatic that alibi is an will be reduced to reclusion perpetua, by reason of this
inherently weak defense, and may only be considered if Act, shall not be eligible for parole under Act No. 4103,
the following circumstances are shown: (a) he was otherwise known as the Indeterminate Sentence Law
somewhere else when the crime occurred; and (b) it (ISL), as amended.”—Anent the proper penalty to be
would be physically impossible for him to be at the imposed upon Palanas, Section 3 of RA No. 9346
locus criminis at the time of the alleged crime .—On the provides that “[p]ersons convicted of offenses punished
other hand, the Court does not find credence in with reclusion perpetua, or whose sentences will be
Palanas’ defense of alibi. It is axiomatic that alibi is an reduced to reclusion perpetua, by reason of this Act,
inherently weak defense, and may only be considered if shall not be eligible for parole under Act No. 4103,
the following circumstances are shown: ( a) he was otherwise known as the Indeterminate Sentence Law,
somewhere else when the crime occurred; and ( b) it as amended.” Pursuant thereto, Palanas should be
would be physi- sentenced to suffer the penalty of reclusion perpetua,
321 without eligibility for parole.
APPEAL from a decision of the Court of Appeals.
VOL. 759, JUNE 17, 2015
The facts are stated in the opinion of the Court.
People vs. Palanas
The Solicitor General for plaintiff-appellee.
Public Attorney’s Office for accused-appellant.
cally impossible for him to be at the locus criminis at PERLAS-BERNABE, J.:
the time of the alleged crime. In this case, the RTC
correctly observed that aside from the admission that Before the Court is an ordinary appeal 1 filed by
travel from Parañaque City to Pasig City only takes accused-appellant Bernabe P. Palanas alias “Abe”
about one (1) hour, the incident occurred on a Sunday (Palanas) assailing the Decision 2 dated January 16,
when traffic is not usually heavy. Moreover, Palanas 2014 of the Court of Appeals
_______________ evident premeditation, did then and there willfully,
1 See Notice of Appeal dated January 30, 2014; unlawfully and feloniously attack, assault, and shot one
Rollo, pp. 19-21. SPO2 Ramon Borre y Orio on his head and different
2 Id., at pp. 2-18. Penned by Associate Justice Elihu parts of his body which directly caused his death, and
A. Ybañez, with Associate Justices Japar B. thereafter, took the firearm of the said victim, boarded
Dimaampao and Melchor Quirino C. Sadang, concurring. a motorcycle driven by the accused who thereafter,
322 drove the motorcycle away from the scene of the crime.
Contrary to Law.5
32 SUPREME COURT REPORTS ANNOTATED
2
The prosecution presents the following version of the
People vs. Palanas
facts:
At around 6:40 in the morning of March 26, 2006, SPO2
(CA) in C.A.-G.R. CR-H.C. No. 04925, which affirmed the Borre took his five (5)-month-old grandson outside his
Decision3 dated October 20, 2010, of the Regional Trial residence at Block 14, Kenneth Street corner Eusebio
Court of Pasig City, Branch 157 (RTC) in Criminal Case Avenue, Pasig City. PO3 Leopoldo Zapanta (PO3
No. 133352-H finding Palanas guilty beyond reasonable Zapanta), who slept at SPO2 Borre’s residence, was
doubt of the crime of Murder under the Revised Penal watching television when four
Code (RPC). _______________
3 CA Rollo, pp. 27-41. Penned by Pairing Judge
The Facts Nicanor A. Manalo, Jr.
4 Id., at pp. 11-12.
An Information4 was filed before the RTC charging 5 Id.
Palanas of the murder of SPO2 Ramon Borre y Orio 323
(SPO2 Borre), viz.:
On or about March 26, 2006, in Pasig City, and within VOL. 759, JUNE 17, 2015
the jurisdiction of this Honorable Court, the accused People vs. Palanas
[Palanas], acting in conspiracy with one male person
who is at-large, whose true identity and whereabout[s] (4) successive gunshots rang out. PO3 Zapanta looked
are still unknown acted as coprincipal in the killing of through the open door of SPO2 Borre’s house and saw
one SPO2 Ramon Borre y Orio, committed as follows: two (2) men armed with .38 caliber revolvers standing a
said male person, armed with a gun, with intent to kill meter away from SPO2 Borre. He saw Palanas deliver
and with the qualifying circumstances of treachery and the fourth shot to SPO2 Borre, but he could not identify
the other shooter. Thereafter, the two (2) assailants fled 6 Rollo, p. 3.
on a motorcycle.6 7 Id., at pp. 3-4.
PO3 Zapanta, together with SPO2 Borre’s stepson 8 CA Rollo, pp. 31-32.
Ramil Ranola (Ramil), brought SPO2 Borre to the Pasig 9 Id., at pp. 27-41.
City General Hospital. On the way to the hospital, SPO2 324
Borre told Ramil and PO3 Zapanta that it was “Abe,”
32 SUPREME COURT REPORTS ANNOTATED
“Aspog,” or “Abe Palanas” — referring to his neighbor,
4
Palanas — who shot him. This statement was repeated
People vs. Palanas
to his wife, Resurreccion Borre (Resurreccion), who
followed him at the hospital. At around 11 o’clock in the
indemnity; (b) P25,000.00 as exemplary damages; ( c)
morning of even date, SPO2 Borre died due to gunshot
wounds on his head and trunk.7 P50,000.00 as moral damages; and (d) P2,464,865.0710
as actual damages.11
For his part, Palanas interposed the defense of denial
and alibi. He claimed that on March 25, 2006 he was in The RTC found that the prosecution had established
beyond reasonable doubt that Palanas and his
Parañaque City attending to the needs of his sick
father. The next day, he went to a baptism in Tondo, companion were the ones who killed SPO2 Borre
through the positive identification of the eyewitnesses
Manila and stayed there from morning until 9 o’clock in
the evening, after which he returned to his father in to the incident. Moreover, SPO2 Borre’s statements that
Palanas shot him constituted an ante mortem
Parañaque City. He maintained that he was not aware
of the death of SPO2 Borre until he was informed by a statement and formed part of the res gestae, and, thus,
admissible as evidence against Palanas. It further
neighbor that Resurreccion was accusing him of killing
her husband. He also denied any knowledge why opined that treachery attended SPO2 Borre’s killing as
he had no inkling that the attack would take place, and
Resurreccion would blame him for SPO2 Borre’s death. 8
that he was in no position to mount any feasible
defense.12 The RTC, however, did not appreciate evident
The RTC’s Ruling
premeditation because of the absence of the following
elements: (a) the time when the offender determined to
In a Decision9 dated October 20, 2010, the RTC
convicted Palanas of the crime of Murder and commit the crime; (b) an act manifestly indicating that
the accused clung to his determination; and ( c) a
sentenced him to suffer the penalty of reclusion
perpetua, and ordered him to pay the heirs of SPO2 sufficient lapse of time between determination and
execution to allow himself time to reflect upon the
Borre the amounts of: (a) P50,000.00 as civil
_______________ consequences of his act.13
On the other hand, the RTC gave no credence to exemplary damages.
Palanas’ defense of alibi. It observed that it was not The CA found all the elements of the crime of Murder to
physically impossible for Palanas to be at the locus be present, giving probative weight to the dying
criminis as his own witness even stated that the declaration of SPO2 Borre that it was Palanas who shot
distance between Pasig City and Parañaque City could him. It also found the presence of treachery as SPO2
be traversed in less than one (1) hour.14 Borre was in no position to defend himself when he was
_______________ successively shot.17
10 Id., at p. 41. The RTC provided a breakdown of Aggrieved, Palanas filed the instant appeal.18
the amount awarded as actual damages:
The Issue Before the Court
Treachery is a well-established concept in criminal law. VOL. 759, JUNE 17, 2015
“There is treachery when the offender commits any of People vs. Palanas
the crimes against a person, employing means,
methods or forms in the execution thereof which tend the same. The records show that SPO2 Borre was
directly and specially to insure its execution, without outside carrying his grandson when two (2) assailants
risk to himself arising from the defense which the shot him. During the attack, SPO2 Borre had no
offended party might make.”20 There are two (2) opportunity to raise any meaningful defense against his
conditions therefore that must be met for treachery to assailants; and consequently, he suffered multiple
be appreciated: (a) the employment of means of gunshot wounds on his head and trunk, causing his
execution that gives the person attacked no death.23
opportunity to defend himself or to retaliate; and ( b) the The CA is also correct in admitting SPO2 Borre’s
means of execution was deliberately or consciously statements on his way to the hospital as evidence, both
adopted.21 as a dying declaration and as part of the res gestae.
For a dying declaration24 to constitute an exception to by a person while a startling occurrence is taking place
the hearsay evidence rule,25 four (4) conditions must or immediately prior or subsequent thereto with
concur: (a) the declaration must concern the cause and respect to
surrounding circumstances of the declarant’s death; ( b) 328
that at the time the declaration was made, the
32 SUPREME COURT REPORTS ANNOTATED
declarant is conscious of his impending death; ( c) the
8
declarant was competent as a witness; and ( d) the
People vs. Palanas
declaration is offered in a criminal case for Homicide,
Murder, or Parricide where the declarant is the victim. 26
On the other hand, a statement to be deemed to form rule on hearsay evidence, requires the concurrence of
the following requisites: (a) the principal act, the res
part of the res gestae,27 and thus, constitute another
exception to the gestae, is a startling occurrence; ( b) the statements
were made before the declarant had time to contrive or
_______________
23 Rollo, pp. 3-5. devise; and (c) the statements must concern the
occurrence in question and its immediately attending
24 Section 37, Rule 130 of the Rules of Court
provides: circumstances.28
In the case at bar, SPO2 Borre’s statements constitute
Section 37. Dying declaration.—The declaration of
a dying person, made under the consciousness of an a dying declaration, given that they pertained to the
cause and circumstances of his death and taking into
impending death, may be received in any case wherein
his death is the subject of inquiry, as evidence of the consideration the number and severity of his wounds, it
may be reasonably presumed that he uttered the same
cause and surrounding circumstances of such death.
25 “Evidence is hearsay when its probative force under a fixed belief that his own death was already
imminent.29 This declaration is considered evidence of
depends in whole or in part on the competency and
credibility of some persons other than the witness by the highest order and is entitled to utmost credence
since no person aware of his impending death would
whom it is sought to produce.” (See Espineli v. People,
G.R. No. 179535, June 9, 2014, 725 SCRA 365) See also make a careless and false accusation. 30 Verily, because
the declaration was made in extremity, when the party
Section 36, Rule 130 of the Rules of Court.
26 People v. Salafranca, G.R. No. 173476, February is at the point of death and when every motive of
falsehood is silenced and the mind is induced by the
22, 2012, 666 SCRA 501, 512.
27 Section 42, Rule 130 of the Rules of Court most powerful considerations to speak the truth, the
law deems this as a situation so solemn and awful as
provides:
Section 42. Part of res gestae.—Statements made creating an obligation equal to that which is imposed
by an oath administered in court.31 characterizes as to be regarded as a part of the
In the same vein, SPO2 Borre’s statements may transaction itself, and also whether it clearly negates
likewise be deemed to form part of the res gestae. “Res any premeditation or purpose to manufacture
32
gestae refers to the circumstances, facts, and testimony.” In this case, SPO2 Borre’s statements
declarations that grow out of the refer to a startling occurrence, i.e., him being shot by
_______________ Palanas and his companion. While on his way to the
the circumstances thereof, may be given in evidence as hospital, SPO2 Borre had no time to contrive the
part of the res gestae. So, also, statements identification of his assailants. Hence, his utterance
accompanying an equivocal act material to the issue, was made in spontaneity and only in reaction to the
and giving it a legal significance, may be received as startling occurrence. Definitely, such statement is
part of the res gestae. relevant because it identified Palanas as one of the
28 People v. Villarico, Sr., 662 Phil. 399, 418; 647 authors of the crime. Therefore, the killing of SPO2
SCRA 43, 58-59 (2011). Borre, perpetrated by Palanas, is adequately proven by
29 People v. Cerilla, 564 Phil. 230, 240; 539 SCRA the prosecution.33
251, 262 (2007). On the other hand, the Court does not find credence in
30 Id., citing People v. Cortezano, 425 Phil. 696, 715; Palanas’s defense of alibi. It is axiomatic that alibi is an
375 SCRA 95, 112 (2002). inherently weak defense,34 and may only be considered
31 Id., at p. 241, citing United States v. Gil, 13 Phil. if the following circumstances are shown: (a) he was
530, 549 (1909); People v. Saliling, 161 Phil. 559, 572- somewhere else when the crime occurred; and ( b) it
573; 69 SCRA 427, 438 (1976). would be physically impossible for him to be at the
329 locus criminis at the time of the alleged crime.35 In this
case, the RTC correctly observed that aside from the
VOL. 759, JUNE 17, 2015
admission that travel from Parañaque City to Pasig City
People vs. Palanas
only takes about one (1) hour, the incident
_______________
main fact and serve to illustrate its character and are 32 See People v. Gatarin, G.R. No. 198022, April 7,
so spontaneous and contemporaneous with the main 2014, 721 SCRA 16, citing People v. Salafranca, G.R. No.
fact as to exclude the idea of deliberation and 173476, February 22, 2012, 666 SCRA 501, 514.
fabrication. The test of admissibility of evidence as a 33 Id.
part of the res gestae is, therefore, whether the act, 34 People v. Amistoso, G.R. No. 201447, January 9,
declaration, or exclamation is so intimately interwoven 2013, 688 SCRA 376, 394, citing People v. Abulon, 557
or connected with the principal fact or event that it Phil. 428, 447; 530 SCRA 675, 696 (2007).
35 People v. Agcanas, G.R. No. 174476, October 11, the date of finality of judgment until the same are fully
2011, 658 SCRA 842, 847. paid.40
WHEREFORE, the appeal is DENIED. The Decision
330 dated January 16, 2014 of the Court of Appeals in C.A.-
G.R. CR-H.C. No. 04925 finding accused-appellant
33 SUPREME COURT REPORTS ANNOTATED
Bernabe P. Palanas alias “Abe,” GUILTY beyond
0
reasonable doubt of the crime of Murder as defined and
People vs. Palanas
punished under Article 248 of the
_______________
occurred on a Sunday when traffic is not usually heavy. 36 CA Rollo, pp. 38-39.
Moreover, Palanas had access to a motorcycle that 37 Entitled “An Act Prohibiting the Imposition of
allowed him to travel faster on the date and time of the Death Penalty in the Philippines” (approved on June 24,
incident.36 Under the circumstances, there is the 2006).
possibility that Palanas could have been present at the 38 See People v. Arguta, G.R. No. 213216, April 22,
locus criminis at the time of the shooting. Accordingly, 2015, 756 SCRA 376. See also People v. Gani, G.R. No.
his defense of alibi must fall. 195523, June 5, 2013, 697 SCRA 530, 540.
Anent the proper penalty to be imposed upon Palanas, 39 People v. Serenas, 636 Phil. 495, 512-513; 622
Section 3 of RA 934637 provides that “[p]ersons SCRA 485, 502 (2010).
convicted of offenses punished with reclusion 40 See People v. Balute, G.R. No. 212932, January
perpetua, or whose sentences will be reduced to 21, 2015, 748 SCRA 172.
reclusion perpetua, by reason of this Act, shall not be 331
eligible for parole under Act No. 4103, otherwise known
as the Indeterminate Sentence Law, as amended.” VOL. 759, JUNE 17, 2015
Pursuant thereto, Palanas should be sentenced to People vs. Palanas
suffer the penalty of reclusion perpetua, without
eligibility for parole.38 Revised Penal Code is hereby AFFIRMED WITH
Finally, to conform with prevailing jurisprudence, the MODIFICATION, in that he is sentenced to suffer the
Court increases the amounts of damages awarded to penalty of reclusion perpetua without eligibility for
the heirs of SPO2 Borre, as follows: ( a) P75,000.00 as parole, and ordered to pay the heirs of SPO2 Ramon
civil indemnity; (b) P75,000.00 as moral damages; and Borre y Orio the amounts of P75,000.00 as civil
39
(c) P30,000.00 as exemplary damages, all with indemnity, P75,000.00 as moral damages, P30,000.00
interest at the rate of six percent (6%) per annum from as exemplary damages, and P2,464,865.07 as actual
damages, all with legal interest at the rate of six Criminal Law; Kidnapping; Evidence; In kidnapping, what
percent (6%) per annum from the finality of judgment is important is to determine and prove the fact of seizure, and the
until full payment. subsequent disappearance of the victim will not exonerate an
SO ORDERED.
accused from prosecution therefor.—The Court notes that up to
Sereno (CJ., Chairperson), Leonardo-De Castro,
this day, neither the victim nor his body has been found. This,
Bersamin and Perez, JJ., concur.
however, does not preclude the Court from ruling on the merits of
Appeal denied, judgment affirmed with
the case. In kidnapping, what is important is to determine and
modification. prove the fact of seizure, and the subsequent disappearance of the
Notes.—The statement of the victim an hour before victim will not exonerate an accused from prosecution therefor.
his death and right after the hacking incident bore all Otherwise, kidnappers can easily avoid punishment by the simple
the earmarks either of a dying declaration or part of the expedient of disposing of their victims’ bodies.
res gestae either of which was an exception to the
Same; Same; Same; For the charge of kidnapping to prosper,
hearsay rule. (People vs. Salafranca, 666 SCRA 501
the deprivation of the victim’s liberty, which is the essential
[2013])
The rule is that, in order to make a dying element of the offense, must be duly proved.—For the charge of
declaration admissible, a fixed belief in inevitable and kidnapping to prosper, the deprivation of the victim’s liberty,
imminent death must be entered by the declarant. which is the essential
(People vs. Quisayas, 721 SCRA 16 [2014])
_______________
——o0o——
© Copyright 2018 Central Book Supply, Inc. All rights *
SECOND DIVISION.
reserved. 198
1 SUPREME COURT REPORTS ANNOTATED
98
People vs. Bernal
element of the offense, must be duly proved. In the case at
bar, Bernal indisputably acted in conspiracy with the two other
VOL. 274, JUNE 19, 1997 197
unknown individuals “as shown by their concerted acts
People vs. Bernal evidentiary of a unity of thought and community of purpose.”
G.R. No. 113685. June 19, 1997.* Proof of conspiracy is perhaps most frequently made by evidence
THE PEOPLE OF THE PHILIPPINES, plaintiff of a chain of circumstances only. The circumstances present in
appellee, vs. THEODORE BERNAL, JOHN DOE and PETER this case sufficiently indicate the participation of Bernal in the
DOE, accusedappellants. disappearance of Openda, Jr.
Same; Same; Same; Motive; Motive is generally irrelevant, entitled to respect on appeal, absent any strong and cogent reason
unless it is utilized in establishing the identity of the perpetrator. to the contrary, since it is in a better position to decide the
—Motive is generally irrelevant, unless it is utilized in question of credibility of witnesses.
establishing the identity of the perpetrator. Coupled with enough 199
circumstantial evidence or facts from which it may be reasonably VOL. 274, JUNE 19, 1997 199
inferred that the accused was the malefactor, motive may be People vs. Bernal
sufficient to support a conviction. Openda, Jr.’s revelation to
Enriquez regarding his illicit relationship with Bernal’s wife is APPEAL from a decision of the Regional Trial Court of Davao
admissible in evidence, pursuant to Section 38, Rule 130 of the City, Br. 10.
Revised Rules on Evidence.
Same; Same; Same; Declaration Against Interest; Requisites The facts are stated in the opinion of the Court.
before a statement may be admissible.—A statement may be The Solicitor General for plaintiffappellee.
admissible when it complies with the following requisites, to wit: Johnny P. Landero for accused Theodore Bernal.
“(1) that the declarant is dead or unable to testify; (2) that it
relates to a fact against the interest of the declarant; (3) that at ROMERO, J.:
the time he made said declaration the declarant was aware that
the same was contrary to his aforesaid interest; and (4) that the Accusedappellant Theodore Bernal, together with two other
declarant had no motive to falsify and believed such declaration persons whose identities and whereabouts are still unknown,
to be true.” were charged with the crime of kidnapping in Criminal Case No.
Same; Same; Same; Appeals; Findings of fact of a trial court 2665898 of the Regional Trial Court of Davao City, Branch 10,
under an information1 dated July 13, 1992, which reads as
carry great weight and are entitled to respect on appeal, absent
follows:
any strong and cogent reason to the contrary, since it is in a better
“That on or about August 5, 1991, in the City of Davao,
position to decide the question of credibility of witnesses.—The Philippines, and within the jurisdiction of this Honorable Court,
court a quo committed no error in finding the testimonies of the abovementioned accused, armed with hand guns, conspiring,
Enriquez, Racasa and Sagarino sufficient to convict Bernal. The confederating and cooperating together and helping one another,
court said that Sagarino’s forthright answers to the questions of and by means of force, violence, intimidation and threat, wilfully,
the prosecutor and defense counsel clearly establish the unlawfully, and feloniously grabbed and kidnapped one
participation of Bernal in the abduction or kidnapping of Openda, Bienvenido Openda, Jr., while the latter was drinking liquor with
Jr. Evidence, to be believed, must not only proceed from the his friends at Bolton Isla, this City and was brought, handcuffed
mouth of a credible witness, but must be credible in itself. This and carried away using a PU then fled together with Bienvenido
Court once again finds occasion to reiterate the established rule Openda, Jr., thereby depriving the said Bienvenido Openda, Jr. of
that the findings of fact of a trial court carry great weight and are his liberty against his will.
CONTRARY TO LAW.” an illicit affair with Bernal’s wife Naty and this was the motive
A plea of not guilty having been entered by Bernal during his behind the former’s kidnapping. Until now, Openda, Jr. is still
arraignment, trial ensued. The prosecution presented four missing.
witnesses.2 On the other hand, Theodore Bernal testified for his On the other hand, the defense asserts that Openda, Jr. was a
defense. drugpusher arrested by the police on August 5, 1991, and hence,
was never kidnapped.4
_______________ On December 10, 1993, the court a quo rendered
judgment5 finding Bernal “guilty beyond reasonable doubt of the
1
Rollo, p. 5. crime of kidnapping for the abduction and disappearance of
2
Namely, Salito Enriquez, a tailor and resident of Kasilac, Bienvenido Openda, Jr. under Article 267 of the Revised Penal
Bucana, Davao City; Roberto Racasa, a mason and resident of
Code and hereby sentences him to reclusion perpetua and to
Kasilac, Bucana, Davao City; Adonis Sagarino, a student and
indemnify his mother Teresita Openda in the amount of
resident of Boston Isla; and Teresita Openda, the mother of
P50,000.00 for her mental anguish and moral suffering.”6
Bienvenido Openda, Jr.
200 _______________
200 SUPREME COURT REPORTS ANNOTATED
People vs. Bernal 3
TSN, May 10, 1993, p. 9.
The material facts and events as found by the court a quoare:
4
Rollo, p. 9.
It appears that on August 5, 1991, around 11:30 in the
5
Penned by Judge Augusto V. Breva.
morning, while Roberto Racasa and Openda, Jr. were engaged in
6
Rollo, p. 24.
a drinking spree, they invited Bernal, who was passing by, to join 201
them. VOL. 274, JUNE 19, 1997 201
After a few minutes, Bernal decided to leave both men, People vs. Bernal
apparently because he was going to fetch his child. Thereafter, Bernal assails the lower court for giving weight and credence to
two men arrived, approached Openda, Jr., and asked the latter if the prosecution witnesses’ allegedly illusory testimonies and for
he was “Payat.”3 When he said yes, one of them suddenly pulled convicting him when his guilt was not proved beyond reasonable
out a handgun while the other handcuffed him and told him “not doubt.
to run because they were policemen” and because he had an We find no compelling reason to overturn the decision of the
“atraso” or a score to settle with them. They then hastily took him lower court.
away. Racasa immediately went to the house of Openda, Jr. and The Court notes that up to this day, neither the victim nor his
informed the latter’s mother of the abduction. body has been found. This, however, does not preclude the Court
The theory of the prosecution, as culled from the testimony of from ruling on the merits of the case. In kidnapping, what is
a certain Salito Enriquez, tends to establish that Openda, Jr. had important is to determine and prove the fact of seizure, and the
subsequent disappearance of the victim will not exonerate an 202
accused from prosecution therefor. Otherwise, kidnappers can 202 SUPREME COURT REPORTS ANNOTATED
easily avoid punishment by the simple expedient of disposing of People vs. Bernal
their victims’ bodies. unity of thought and community of purpose.”7 Proof of conspiracy
Article 267 of the Revised Penal Code provides thus: is perhaps most frequently made by evidence of a chain of
“ART. 267.—Kidnapping and serious illegal detention.— circumstances only.8 The circumstances present in this case
Any private individual who shall kidnap or detain another, or sufficiently indicate the participation of Bernal in the
in any other manner deprive him of his liberty, shall suffer the disappearance of Openda, Jr.
penalty of reclusion perpetua to death: The prosecution has proffered sufficient evidence to show that,
indeed, Bernal, together with his two companions, abducted
1. 1.If the kidnapping or detention shall have lasted more Openda, Jr. on August 5, 1991. A certain Adonis Sagarino, a
than five days. childhood friend and neighbor of the victim, testified that he saw
Bernal at the billiard hall at about 11:00 a.m. with his two
2. 2.If it shall have been committed simulating public companions and overheard him dispatching one of them to
authority. “Tarsing’s Store” to check if a certain person was still there. This
person later turned out to be Openda, Jr. He added that after the
3. 3.If any serious physical injuries shall have been inflicted latter’s presence was confirmed, the three men left the billiard
upon the person kidnapped or detained, or if threats to hall. Minutes later, Openda, Jr., already handcuffed, passed by
kill him shall have been made. the billiard hall with Bernal’s companions.
Equally important is the testimony of Roberto Racasa, a
4. 4.If the person kidnapped or detained shall be a minor, resident of Bucana, Davao City who knew both Bernal and the
female or a public officer. victim, the former being his neighbor and compadre. He narrated
that he and the victim were drinking at “Tarsing’s Store” on that
The penalty shall be death where the kidnapping or detention fateful day when Bernal passed by and had a drink with them.
was committed for the purpose of extorting ransom from the After a few minutes, Bernal decided to leave, after which, two
victim or any other person, even if none of the circumstances men came to the store and asked for “Payat.” When Openda, Jr.
abovementioned were present in the commission of the offense.” confirmed that he was indeed “Payat,” he was handcuffed and
For the charge of kidnapping to prosper, the deprivation of the taken away by the unidentified men. Likewise, a certain Salito
victim’s liberty, which is the essential element of the offense, Enriquez, a tailor and a friend of Openda, Jr., testified that
must be duly proved. In the case at bar, Bernal indisputably acted sometime in January 1991, Openda, Jr. confided to him that he
in conspiracy with the two other unknown individuals “as shown and Bernal’s wife Naty were having an affair. One time, Naty
by their concerted acts evidentiary of a even gave Openda, Jr. money which they used to pay for a motel
room. He advised Naty “not to do it again because she (was) a against interest” has been expanded to include all kinds of
married woman.9 interest, that is, pecuniary, proprietary, moral or even penal.11
A statement may be admissible when it complies with the
_______________ following requisites, to wit: “(1) that the declarant is dead or
unable to testify; (2) that it relates to a fact against the interest of
7
People v. Puno, 219 SCRA 85 (1993). the declarant; (3) that at the time he made said declaration the
8
People v. Minanday, 242 SCRA 620 (1995). declarant was aware that the same was contrary to his aforesaid
9
TSN, May 10, 1993, p. 5. interest; and (4) that the declarant had no motive to falsify and
203 believed such declaration to be true.”12
VOL. 274, JUNE 19, 1997 203 Openda, Jr., having been missing since his abduction, cannot
People vs. Bernal be called upon to testify. His confession to Enriquez, definitely a
Undoubtedly, his wife’s infidelity was ample reason for Bernal to declaration against his own interest since his affair
contemplate revenge.
Motive is generally irrelevant, unless it is utilized in _______________
establishing the identity of the perpetrator. Coupled with enough
circumstantial evidence or facts from which it may be reasonably
10
People v. Evangelista, 256 SCRA 611 (1996).
inferred that the accused was the malefactor, motive may be
11
Francisco on Evidence, 1993 edition, p. 275.
sufficient to support a conviction.10 Openda, Jr.’s revelation to
12
Regalado, Remedial Law Compendium, 7th Revised Ed., p.
Enriquez regarding his illicit relationship with Bernal’s wife is 609.
admissible in evidence, pursuant to Section 38, Rule 130 of the 204
Revised Rules on Evidence, viz.: 204 SUPREME COURT REPORTS ANNOTATED
“Sec. 38. Declaration against interest.—The declaration made by a People vs. Bernal
person deceased, or unable to testify, against the interest of the with Naty Bernal was a crime, is admissible in evidence 13because
declarant, if the fact asserted in the declaration was at the time it no sane person will be presumed to tell a falsehood to his own
was made so far contrary to declarant’s own interest, that a detriment.14
reasonable man in his position would not have made the In his brief, Bernal highlights supposed inconsistencies in
declaration unless he believed it to be true, may be received in Sagarino’s testimony. He alleges that the latter could not have
evidence against himself or his successorsininterest and against seen the actual handcuffing because “Tarsing’s Store” could not be
seen from the billiard hall. Sagarino’s testimony shows that after
third persons.”
Bernal and two others left the billiard hall, the latter came back
With the deletion of the phrase “pecuniary or moral interest”
with Openda, Jr., already handcuffed.
from the present provision, it is safe to assume that “declaration
“Q The three of them together?
A Yes, sir. If one had a direct view of “Tarsing’s Store” from the billiard hall,
Q And what about you, where did you stay? Bernal would not have requested his companion to check if
A I just stayed in the billiard hall. Openda, Jr. were still there drinking with Racasa. Another
discrepancy pointed out by Bernal arose from the testimonies of
Q While you stay (sic) in the billiard hall, after a while, what did you see
Racasa and Sagarino. Racasa, on crossexamination, stated:
next?
“Q After Theodore Bernal left you have seen him also returned (sic) with his
A The two came back.
child, is that correct?
Q Who were these two whom you said who (sic) came back?
A Yes, sir, because I was still in the store.”17
A The companions of Bernal.
On the other hand, Sagarino averred that:
Q And what did these two men do?
“Q When Theodore Bernal left the place, how long (sic) were you able to see
A They apprehended Junjun Openda.”15
him again?
From this proceeding, Bernal wrongly inferred that Sagarino
A Quite a time, sir, because when they left, his two companions came back
actually saw Openda, Jr. arrested. The lower court correctly
rejected this argument by holding that: and proceeded to Tarcing Store and arrested JunJun Openda. When these
“But Sagarino has not said that he saw the actual handcuffing of two men brought out Junjun Openda, fifteen minutes later, Bernal came.
Openda, Jr. at the Tarsing or Tarcing store. On the contrary, he Q Do you know where this Bernal from? (sic)
says that he had not known who the person was that Bernal A He was coming from outside.
referred to when he requested one of this two companions to go Q He has with him his son?
see if that person was still there at the store, and that he came to A He was with nobody, sir.
know that he was Openda, Jr. only after he saw Openda, Jr. pass Q Are you sure of that?
by the billiard hall already handcuffed, with the two unidentified
A Yes, sir.
companions of Bernal with him, on their way out to the main
Q He was alone?
road.”16
A Yes, sir.”18
_______________ The testimonies of Racasa and Sagarino are not absolutely
inconsistent with each other as to be irreconcilable. Considering
13
Rollo, p. 11. the proximity of the store from the billiard hall, there is a
14
People v. Toledo and Holgado, 51 Phil. 825. possibility that when Racasa saw Bernal with his son at the store,
15
TSN, July 28, 1993, pp. 78. the latter could have already brought home his son before
16
TSN, October 13, 1993, pp. 35. proceeding alone to the billiard hall where he was seen by
205 Sagarino.19
VOL. 274, JUNE 19, 1997 205
_______________
People vs. Bernal
17
TSN, May 10, 1993, p. 13. latter’s allegations were true, then Sagarino should have been
18
TSN, July 28, 1993, pp. 2122. arrested by the police at the time he gave his testimony in court.
19
Rollo, p. 90. No such arrest was, however, made.
206 The court a quo committed no error in finding the testimonies
206 SUPREME COURT REPORTS ANNOTATED of Enriquez, Racasa and Sagarino sufficient to convict Bernal.
People vs. Bernal The court said that Sagarino’s forthright answers to
Bernal would like the Court to dismiss Sagarino’s testimony by
imputing revenge as his motive for testifying. He alleges that on _______________
July 29, 1991, or six days before the alleged kidnapping, five
policemen arrived at Kasilak, Bucana on board a patrol car TSN, October 13, 1993, p. 4.
20
_______________
21
People v. Ulpindo, 256 SCRA 201 (1996).
22
People v. Catoltol, Sr., G.R. No. 122359, November 28,
1996; People v. Balisnomo, G.R. No. 118990, November 28,
1996; People v. Vallena, 244 SCRA 685 (1995).
23
People v. Ducosin, 59 Phil. 109.
208
208 SUPREME COURT REPORTS ANNOTATED
People vs. Sahagun
SO ORDERED.
Regalado (Chairman), Puno, Mendoza and Torres, Jr.,
JJ., concur.
Appeal dismissed, judgment affirmed in toto.
Note.—For kidnapping to exist, there must be indubitable
proof that the actual intent of the malefactor was to deprive the
offended party of her liberty. (People vs. Godoy, 250 SCRA 582 SUPREME COURT REPORTS ANNOTATED
676 [1995]) Tison vs. Court of Appeals
G.R. No. 121027. July 31, 1997.*
——o0o——
CORAZON DEZOLLER TISON and RENE R. DEZOLLER, VOL. 276, JULY 31, 1997 583
petitioners, vs. COURT OF APPEALS and TEODORA Tison vs. Court of Appeals
DOMINGO, respondents. assuming that the issue is allowed to be resolved in this
Filiation; Parent and Child; Presumptions; There is no case, the burden of proof rests not on herein petitioners who have
presumption of the law more firmly established and founded on the benefit of the presumption in their favor, but on private
sounder morality and more convincing reason than the respondent who is disputing the same. This fact alone should
have been sufficient cause for the trial court to exercise
presumption that children born in wedlock are legitimate.—It
appropriate caution before acting, as it did, on the demurrer to
seems that both the court a quo and respondent appellate court
evidence. It would have delimited the issues for resolution, as
have regrettably overlooked the universally recognized
well as the time and effort necessitated thereby.
presumption on legitimacy. There is no presumption of the law
Same; Same; Same; Evidence; In order to destroy the
more firmly established and founded on sounder morality and
more convincing reason than the presumption that children born presumption of legitimacy, the party against whom it operates
in wedlock are legitimate. And well settled is the rule that the must adduce substantial and credible evidence to the contrary.—
issue of legitimacy cannot be attacked collaterally. Ordinarily, when a fact is presumed, it implies that the party in
Same; Same; Same; Actions; Actions for Reconveyance; The whose favor the presumption exists does not have to introduce
evidence to establish that fact, and in any litigation where that
issue of legitimacy cannot be properly controverted in an action for
fact is put in issue, the party denying it must bear the burden of
reconveyance.—The issue, therefore, as to whether petitioners are
proof to overthrow the presumption. The presumption of
the legitimate children of Hermogenes Dezoller cannot be
legitimacy is so strong that it is clear that its effect is to shift the
properly controverted in the present action for reconveyance. This
burden of persuasion to the party claiming illegitimacy. And in
is aside, of course, from the further consideration that private
order to destroy the presumption, the party against whom it
respondent is not the proper party to impugn the legitimacy of
operates must adduce substantial and credible evidence to the
herein petitioners. The presumption consequently continues to
contrary.
operate in favor of petitioners unless and until it is rebutted.
Same; Same; Same; Same; A presumption is prima facie
Same; Same; Same; Burden of Proof; The burden of proof
proof of the fact presumed, and unless the fact thus established
rests on the party who disputes the legitimacy of a particular
prima facie by the legal presumption of its truth is disproved, it
party.—Even
must stand as proved.—Where there is an entire lack of
______________ competent evidence to the contrary, and unless or until it is
rebutted, it has been held that a presumption may stand in lieu of
SECOND DIVISION.
* evidence and support a finding or decision. Perforce, a
583 presumption must be followed if it is uncontroverted. This is
based on the theory that a presumption is prima facie proof of the declarant be related to the person whose pedigree is the subject of
fact presumed, and unless the fact thus established prima facie by inquiry; (3) that such relationship be shown by evidence other
the legal presumption of its truth is disproved, it must stand as than the declaration; and (4) that the declaration was made ante
proved. litem motam, that is, not only before the commencement of the
Same; Same; Same; Same; Pleadings and Practice; When a suit involving the subject matter of the declaration, but before
party opts not to present countervailing evidence to overcome the any controversy has arisen thereon.
presumption, by merely filing a demurrer to evidence instead, he Same; Evidence; Hearsay Rule; Declarations About
or she in effect impliedly admits the truth of such fact.— Pedigree;Where the party claiming seeks recovery against a
Indubitably, when private respondent opted not to present relative common to both claimant and declarant—not from the
countervailing evidence to overcome the presumption, by merely declarant himself or the declarant’s estate—the relationship of the
filing a demurrer to evidence instead, she in effect impliedly declarant to the common relative may not be proved by the
admitted the truth of such fact. Indeed, she overlooked or declaration itself, but this requirement does not apply where it is
disregarded the evidential rule
sought to reach the estate of the declarant himself and not merely
584
to establish a right through his declarations to the property of
5 SUPREME COURT REPORTS ANNOTATED
some other member of the family.—The general rule, therefore, is
84
that where the party claiming seeks recovery against a relative
Tison vs. Court of Appeals
common to both claimant and declarant, but not from the
that presumptions like judicial notice and admissions, declarant himself or the declarant’s estate, the relationship of the
relieve the proponent from presenting evidence on the facts he declarant to the common relative may not be proved by the
alleged and such facts are thereby considered as duly proved. declaration itself. There must be some independent proof of this
Same; Same; Same; Same; Hearsay Rule; Declarations fact. As an exception, the requirement that there be other proof
About Pedigree; Conditions for the admission of declarations than the declarations of the declarant as to the relationship, does
about pedigree.—The primary proof to be considered in not apply where it is sought to reach the estate of the declarant
ascertaining the relationship between the parties concerned is the himself and not merely to establish a right through his
testimony of Corazon Dezoller Tison to the effect that Teodora declarations to the property of some other member of the family.
Dezoller Guerrero in her lifetime, or sometime in 1946, Same; Same; Same; Same; Where a party claims a right to a
categorically declared that the former is Teodora’s niece. Such a part of the estate of the declarant, the declaration of the latter that
statement is considered a declaration about pedigree which is the
admissible, as an exception to the hearsay rule, under Section 39,
585
Rule 130 of the Rules of Court, subject to the following conditions:
VOL. 276, JULY 31, 1997 585
(1) that the declarant is dead or unable to testify; (2) that the
Tison vs. Court of Appeals offered to establish. The preliminary proof would render the main
former is her niece is admissible and constitutes sufficient evidence unnecessary.
Same; Same; Same; Pleadings and Practice; It is elementary
proof of such relationship, notwithstanding the fact that there was
that an objection shall be made at the time when an alleged
no other preliminary evidence thereof, the reason being that such
inadmissible document is offered in evidence, otherwise, the
declaration is rendered competent by virtue of the necessity of
objection shall be treated as waived.—Applying the general rule in
receiving such evidence to avoid a failure of justice.—We are
the present case would nonetheless produce the same result. For
sufficiently convinced, and so hold, that the present case is one
while the documentary evidence submitted by petitioners do not
instance where the general requirement on evidence aliunde may
strictly conform to the rules on their admissibility, we are
be relaxed. Petitioners are claiming a right to part of the estate of
however of the considered opinion that the same may be admitted
the declarant herself. Conformably, the declaration made by
by reason of private respondent’s failure to interpose any timely
Teodora Dezoller Guerrero that petitioner Corazon is her niece, is
objection thereto at the time they were being offered in evidence.
admissible and constitutes sufficient proof of such relationship,
It is elementary that an objection shall be made at the time when
notwithstanding the fact that there was no other preliminary
an alleged inadmissible
evidence thereof, the reason being that such declaration is
586
rendered competent by virtue of the necessity of receiving such
5 SUPREME COURT REPORTS ANNOTATED
evidence to avoid a failure of justice. More importantly, there is in
the present case an absolute failure by all and sundry to refute 86
that declaration made by the decedent. Tison vs. Court of Appeals
Same; Same; Same; Same; Where the subject of the document is offered in evidence, otherwise, the objection
shall be treated as waived, since the right to object is merely a
declaration is the declarant’s own relationship to another person,
privilege which the party may waive.
it seems absurd to require, as a foundation for the admission of
Same; Same; Same; Same; Even if certain documents are
the declaration, proof of the very fact which the declaration is
inadmissible for being hearsay, but on account of a party’s failure
offered to establish.—From the foregoing disquisitions, it may
to object thereto, the same may be admitted and considered as
thus be safely concluded, on the sole basis of the decedent’s
declaration and without need for further proof thereof, that sufficient to prove the facts therein asserted.—The situation is
petitioners are the niece and nephew of Teodora Dezoller aggravated by the fact that counsel for private respondent
Guerrero. As held in one case, where the subject of the unreservedly crossexamined petitioners, as the lone witness, on
declaration is the declarant’s own relationship to another person, the documentary evidence that were offered. At no time was the
it seems absurd to require, as a foundation for the admission of issue of the supposed inadmissibility thereof, or the possible basis
the declaration, proof of the very fact which the declaration is for objection thereto, ever raised. Instead, private respondent’s
counsel elicited answers from the witness on the circumstances
and regularity of her obtention of said documents: The Actions; Pleadings and Practice; Demurrer to Evidence; If a
observations later made by private respondent in her comment to demurrer to evidence is granted but on appeal the order of
petitioners’ offer of exhibits, although the grounds therefor were
dismissal is reversed, the movant shall be deemed to have waived
already apparent at the time these documents were being
the right to present evidence.—All told, on the basis of the
adduced in evidence during the testimony of Corazon Dezoller
Tison but which objections were not timely raised therein, may no foregoing considerations, the demurrer to plaintiffs’ evidence
longer serve to rectify the legal consequences which resulted should have been, as it is hereby, denied. Nonetheless, private
respondent may no longer be allowed to present evidence by
therefrom. Hence, even assuming ex gratia argumenti that these
reason of the mandate under Section 1 of revised Rule 3 of the
documents are inadmissible for being hearsay, but on account of
Rules of Court which provides that “if the motion is granted but
herein private respondent’s failure to object thereto, the same
on appeal the order of dismissal is reversed he shall be deemed to
may be admitted and considered as sufficient to prove the facts
have waived the right to present evidence.”
therein asserted.
Succession; Where a decedent is survived by the spouse and PETITION for review on certiorari of a decision of the Court of
nephews and nieces, the former shall be entitled to onehalf of the Appeals.
inheritance and the nephews and nieces to the other half.—Upon
the death of Teodora Dezoller Guerrero, onehalf of the subject The facts are stated in the opinion of the Court.
property was automatically reserved to the surviving spouse, Benjamin P. Quitoriano for petitioners.
Martin Guerrero, as his share in the conjugal partnership. Ramoso Law Office for private respondent.
Applying the aforequoted statutory provisions, the remaining half
shall be equally divided between the widower and herein REGALADO, J.:
petitioners who are entitled to jointly inherit in their own right.
Hence, Martin Guerrero could only validly alienate his total The present appeal by certiorari seeks the reversal of the
undivided threefourths (3/4) share in the entire property to judgment rendered by respondent Court of Appeals on June 30,
herein private respondent. Resultantly, petitioners and private 19951 which affirmed the Order of December 3, 1992 issued by the
respondent are deemed coowners of the property covered by Regional Trial Court of Quezon City, Branch 98, granting herein
Transfer Certificate of Title No. 374012 in the proportion of an private respondent’s Demurrer to Plaintiff’s Evidence filed in
undivided onefourth (1/4) and threefourths (3/4) share thereof, Civil Case No. Q881054 pending therein.
respectively. The present appellate review involves an action for
587 reconveyance filed by herein petitioners against herein private
VOL. 276, JULY 31, 1997 587 respondent before the Regional Trial Court of Quezon City,
Tison vs. Court of Appeals Branch 98, docketed as the aforesaid Civil Case No. Q881054,
over a parcel of land with a house and apartment thereon located
at San Francisco del Monte, Quezon City and which was 2, 1988, claiming that they are entitled to inherit onehalf of the
originally owned by the spouses Martin Guerrero and Teodora property in question by right of representation.
Dezoller Guerrero. It appears that petitioners Corazon Tison and At the pretrial conference, the following issues were
Rene Dezoller are the niece and nephew, presented by both parties for resolution:
declaration; and (4) that the declaration was made ante litem 595
motam, that is, not only before the commencement of the suit VOL. 276, JULY 31, 1997 595
involving the subject matter of the declaration, but before any Tison vs. Court of Appeals
controversy has arisen thereon. directly from the declarant or the declarant’s estate, the situation
There is no dispute with respect to the first, second and fourth
and the policy of the law applicable are quite different. In such
elements. What remains for analysis is the third element, that is,
whether or not the other documents offered in evidence case the declaration of the decedent, whose estate is in controversy,
sufficiently corroborate the declaration made by Teodora Dezoller that he was related to the one who claims his estate, is admissible
Guerrero in her lifetime regarding the pedigree of petitioner without other proof of the fact of relationship. While the nature of
Corazon Dezoller Tison or, if at all, it is necessary to present the declaration is then disserving, that is not the real ground for
evidence other than such declaration. its admission. Such declarations do not derive their evidential
American jurisprudence has it that a distinction must be made value from that consideration, although it is a useful, if not an
as to when the relationship of the declarant may be proved by the artificial, aid in determining the class to which the declarations
very declaration itself, or by other declarations of said declarant, belong. The distinction we have noted is sufficiently apparent; in
and when it must be supported by evidence aliunde. The rule is the one case the declarations are selfserving, in the other they
stated thus: are competent from reasons of necessity.”17 (Italics ours.)
The general rule, therefore, is that where the party claiming absolute failure by all and sundry to refute that declaration made
seeks recovery against a relative common to both claimant and by the decedent.
declarant, but not from the declarant himself or the declarant’s From the foregoing disquisitions, it may thus be safely
estate, the relationship of the declarant to the common relative concluded, on the sole basis of the decedent’s declaration and
may not be proved by the declaration itself. There must be some without need for further proof thereof, that petitioners are the
independent proof of this fact.18 As an exception, the requirement niece and nephew of Teodora Dezoller Guerrero. As held in one
that there be other proof than the declarations of the declarant as case,21 where the subject of the declaration is the declarant’s own
to the relationship, does not apply where it is sought to reach the relationship to another person, it seems absurd to require, as a
estate of the declarant himself and not merely to establish a right foundation for the admission of the declaration, proof of the very
through his declarations to the property of some other member of fact which the declaration is offered to establish. The preliminary
the family.19 proof would render the main evidence unnecessary.
We are sufficiently convinced, and so hold, that the present Applying the general rule in the present case would
case is one instance where the general requirement on nonetheless produce the same result. For while the documentary
evidence aliunde may be relaxed. Petitioners are claiming a right evidence submitted by petitioners do not strictly conform to the
to part of the estate of the declarant herself. Conformably, the rules on their admissibility, we are however of the considered
declaration made by Teodora Dezoller Guerrero that petitioner opinion that the same may be admitted by reason of private
Corazon is her niece, is admissible and constitutes sufficient proof respondent’s failure to interpose any timely objection thereto at
of such relationship, notwithstanding the fact that there was no the time they were being offered in evidence. 22 It is elementary
other preliminary evidence thereof, the reason being that such that an objection shall be made at the time when an alleged
declaration is rendered competent by inadmissible document is offered in evi
______________ ______________
17
Jones, Commentaries on Evidence, Vol. 3, 2nd ed., 2094
20
In re Clark’s Estate, 110 P. 828.
2095.
21
Hartman’s Estate, 107 P. 105, cited in Moran, Comments on
18
Op. cit., 2096. the Rules of Court, Vol. 5, 1980 ed., 322.
22
On offer of evidence, the Rules of Court pertinently provide:
19
Op. cit., 2098.
596 “Sec. 35. When to make offer.—x x x Documentary and object
evidence shall be offered after the presentation of a party’s
596 SUPREME COURT REPORTS ANNOTATED
testimonial evidence. Such offer shall be done orally unless
Tison vs. Court of Appeals
allowed by the Court to be done by writing.
virtue of the necessity of receiving such evidence to avoid a failure
“Sec. 36. Objection.—Objection to evidence offered orally must
of justice.20 More importantly, there is in the present case an
be made immediately after the offer is made. Objection to a
question propounded in the course of the oral examination of a circumstances and regularity of her obtention of said documents:
witness shall be made as soon as the grounds therefor shall The observations later made by
become reasonably apparent.”
597 ______________
VOL. 276, JULY 31, 1997 597
23
Martin, Rules of Court, Vol. 5, 3rd ed., 611.
Tison vs. Court of Appeals 24
People vs. De la Cruz, G.R. No. 108180, February 8,
dence, otherwise, the objection shall be treated as
23
1994, 229 SCRA 754.
waived,24 since the right to object is merely a privilege which the 25
Moran, Comments on the Rules of Court, Vol. 6, 1980 ed.,
party may waive.25
125.
As explained in Abrenica vs. Gonda, et al.,26 it has been 26
34 Phil. 745 (1916).
repeatedly laid down as a rule of evidence that a protest or 27
Conlu vs. Araneta, et al., 15 Phil. 387 (1910).
objection against the admission of any evidence must be made at 28
See Talosig vs. Vda. De Nieba, et al., G.R. No. L29557,
the proper time, otherwise it will be deemed to have been waived.
February 29, 1972, 43 SCRA 472.
The proper time is when from the question addressed to the
598
witness, or from the answer thereto, or from the presentation of
598 SUPREME COURT REPORTS ANNOTATED
the proof, the inadmissibility of the evidence is, or may be
inferred. Tison vs. Court of Appeals
Thus, a failure to except to the evidence because it does not private respondent in her comment to petitioners’ offer of
conform with the statute is a waiver of the provisions of the law. exhibits, although the grounds therefor were already apparent at
That objection to a question put to a witness must be made at the the time these documents were being adduced in evidence during
time the question is asked. An objection to the admission of the testimony of Corazon Dezoller Tison but which objections
evidence on the ground of incompetency, taken after the were not timely raised therein, may no longer serve to rectify the
testimony has been given, is too late.27Thus, for instance, failure legal consequences which resulted therefrom. Hence, even
to object to parol evidence given on the stand, where the party is assuming ex gratia argumenti that these documents are
in a position to object, is a waiver of any objections thereto. 28 inadmissible for being hearsay, but on account of herein private
The situation is aggravated by the fact that counsel for private respondent’s failure to object thereto, the same may be admitted
and considered as sufficient to prove the facts therein asserted. 29
respondent unreservedly crossexamined petitioners, as the lone
Accordingly, the Certificate of Marriage (Exhibit S) wherein it
witness, on the documentary evidence that were offered. At no time
is indicated that the parents of Teodora Dezoller are Isabelo
was the issue of the supposed inadmissibility thereof, or the Dezoller and Cecilia Calpo, as well as the Certificates of Baptism
possible basis for objection thereto, ever raised. Instead, private of Teodora Dezoller30 (Exhibit H) and Hermogenes Dezoller
respondent’s counsel elicited answers from the witness on the (Exhibit J) which both reflect the names of their parents as
Isabelo Dezoller and Cecilia Calpo, to show that Hermogenes
Dezoller is the brother of Teodora Dezoller Guerrero; and the “Art. 995. In the absence of legitimate descendants and
Death Certificate of Hermogenes Dezoller (Exhibit K) the entries ascendants, and illegitimate children and their descendants,
wherein were made by petitioner Corazon Dezoller Tison as his whether legitimate or illegitimate, the surviving spouse shall
daughter, together with the Joint Affidavits of Pablo Verzosa and inherit the entire estate, without prejudice to the rights of
Meliton Sitjar (Exhibits N and P), to prove that herein petitioners brothers and sisters, nephews and nieces, should there be any,
are the children of Hermogenes Dezoller—these can be deemed to under Article 1001.”
have sufficiently established the relationship between the “Art. 1001. Should brothers and sisters or their children
declarant and herein petitioners. This is in consonance with the survive with the widow or widower, the latter shall be entitled to
rule that a prima facieshowing is sufficient and that only slight onehalf of the inheritance and the brothers and sisters or their
proof of the relationship is required. 31 Finally, it may not be amiss children to the other half.”
to consider as in the nature of circumstantial evidence the fact Upon the death of Teodora Dezoller Guerrero, onehalf of the
that both the declarant and the claimants, who are the subject of subject property was automatically reserved to the surviving
the declaration, bear the surname Dezoller.32 spouse, Martin Guerrero, as his share in the conjugal
partnership. Applying the aforequoted statutory provisions, the
______________ remaining half shall be equally divided between the widower and
herein petitioners who are entitled to jointly inherit in their own
29
Op. cit., 128. right. Hence, Martin Guerrero could only validly alienate his total
30
This parochial record is an official document, having been undivided threefourths (3/4) share in the entire property to
made prior to the passage of G.O. No. 68 and Act No. 190 (U.S. vs. herein private respondent. Resultantly, petitioners and private
Evangelista, 29 Phil. 215 [1915], and cases therein cited). respondent are deemed coowners of the property covered by
31
Fulkerson, et al. vs. Holmes, et al., 117 U.S. 389. Transfer Certificate of Title No. 374012 in the proportion of an
32
Francisco, Rules of Court, Vol. 7, 1973 ed., 494. undivided onefourth (1/4) and threefourths (3/4) share thereof,
599 respectively.
VOL. 276, JULY 31, 1997 599 All told, on the basis of the foregoing considerations, the
demurrer to plaintiffs’ evidence should have been, as it is hereby,
Tison vs. Court of Appeals
denied. Nonetheless, private respondent may no longer be allowed
III. The following provisions of the Civil Code provide for the
to present evidence by reason of the mandate under Section 1 of
manner by which the estate of the decedent shall be divided in
revised Rule 3 of the Rules of Court which provides that “if the
this case, to wit:
motion is granted but on appeal the order of dismissal is reversed
“Art. 975. When children of one or more brothers or sisters of the
he shall be deemed to have waived the right to present
deceased survive, they shall inherit from the latter by
evidence.”33WHEREFORE, the questioned judgment of
representation, if they survive with their uncles or aunts. But if
respondent Court of Appeals is hereby REVERSED and SET
they alone survive, they shall inherit in equal portions.”
ASIDE, and herein petitioners and private respondent are
declared coowners of the subject property with an undivided one *
FIRST DIVISION.
fourth (1/4) and threefourths (3/4) share therein, respectively. 496
SO ORDERED. 4 SUPREME COURT REPORTS ANNOTATED
Romero, Puno and Mendoza, JJ., concur. 96
VOL. 286, FEBRUARY 24, 1998 495 Jison vs. Court of Appeals
Jison vs. Court of Appeals be impairment of vested rights, which does not hold true
G.R. No. 124853. February 24, 1998.* here, it appearing that neither the putative parent nor the child
FRANCISCO L. JISON, petitioner, vs. COURT OF APPEALS and has passed away and the former having actually resisted the
MONINA JISON, respondents. latter’s claim below.
Courts; Appeals; While it is a general rule that factual issues Same; Same; Illegitimate Children; Evidence; For the success
are not within the province of the Supreme Court, such rule does of an action to establish illegitimate filiation under the second
not apply where there are conflicting findings of facts of the trial paragraph of Art. 172 of the Family Code, a “high standard of
court and the Court of Appeals.—In issue is whether or not public proof” is required—specifically, to prove open and continuous
respondent Court of Appeals committed reversible error, which, possession of the status of an illegitimate child, there must be
in this instance, necessitates an inquiry into the facts. While as a evidence of the manifestation of the permanent intention of the
general rule, factual issues are not within the province of this supposed father to consider the child as his, by continuous and
Court, nevertheless, in light of the conflicting findings of facts of clear manifestations of parental affection and care, which cannot
the trial court and the Court of Appeals, this case falls under an
be attributed to pure charity.—For the success of an action to
exception to this rule.
establish illegitimate filiation under the second paragraph, which
Parent and Child; Paternity and Filiation; Family Code; The MONINA relies upon given that she has none of the evidence
Family Code has retroactive effect unless there be impairment of mentioned in the first paragraph, a “high standard of proof” is
vested rights.—Before addressing the merits of the controversy, required. Specifically, to prove open and continuous possession of
we first dispose of preliminary matters relating to the applicable the status of an illegitimate child, there must be evidence of the
law and the guiding principles in paternity suits. As to the manifestation of the permanent intention of the supposed father
former, plainly, the Family Code of the Philippines (Executive to consider the child as his, by continuous and clear
Order No. 209) governs the present controversy. As correctly cited manifestations of parental affection and care, which cannot be
by the Court of Appeals, Uyguangco served as a judicial attributed to pure charity. Such acts must be of such a nature
confirmation of Article 256 of the Family Code regarding its that they reveal not only the conviction of paternity, but also the
retroactive effect unless there apparent desire to have and treat the child as such in all relations
in society and in life, not accidentally, but continuously. By
_______________
“continuous” is meant uninterrupted and consistent, but does not The concept of “preponderance of evidence” refers to evidence
require any particular length of time. which is of greater weight, or more convincing, that which is
Same; Same; Evidence; Rationale for the “High Standard of offered in opposition to it; at bottom, it means probability of truth.
Proof” Requirement in Filiation Proceedings.—The foregoing Same; Same; Same; Unlawful intercourse will not be
standard of proof required to establish one’s filiation is founded presumed merely from proof of an opportunity for such
on the principle that an order for recognition and support may indulgence; Akin to the crime of rape where, in most instances, the
create an unwholesome atmosphere or may be an irritant in the only witnesses to the felony are the participants in the sexual act
family or lives of the parties, so that it must be issued only if
themselves, in deciding paternity suits, the issue of whether sexual
paternity or filiation is established by clear and convincing
intercourse actually occurred inevitably redounds to the victim’s
evidence.
Same; Same; Same; Words and Phrases; Quantum of or mother’s word, as against the accused’s or putative father’s
Evidence;The concept of “preponderance of evidence” refers to protestations.—FRANCISCO’s arguments in support of his first
assigned error deserve scant consideration. While it has been
evidence which is of greater weight, or more convincing, that
observed that unlawful intercourse will not be presumed merely
which is offered in opposition to it—at bottom, it means from proof of an opportunity for such indulgence, this does not
probability of truth.—The foregoing discussion, however, must be favor FRANCISCO. Akin to the crime of rape where, in most
situated within the general rules on evidence, in light of the instances, the only witnesses to the felony are the participants in
burden of proof in civil cases, i.e., prepon the sexual act themselves, in deciding paternity suits, the issue of
497 whether sexual intercourse actually occurred inevitably redounds
VOL. 286, FEBRUARY 24, 1998 497 to the victim’s or mother’s word, as against the accused’s or
Jison vs. Court of Appeals putative father’s protestations. In the instant case, MONINA’s
derance of evidence, and the shifting of the burden of mother could no longer testify as to the fact of intercourse, as she
evidence in such cases. Simply put, he who alleges the affirmative had, unfortunately, passed away long before the institution of the
of the issue has the burden of proof, and upon the plaintiff in a complaint for recognition. But this did not mean that MONINA
civil case, the burden of proof never parts. However, in the course could no longer prove her filiation. The fact of her birth and her
parentage may be established by evidence other than the
of trial in a civil case, once plaintiff makes out a prima facie case
testimony of her mother. The paramount question then is
in his favor, the duty or the burden of evidence shifts to defendant
whether MONINA’s evidence is coherent, logical and natural.
to controvert plaintiff’s prima facie case, otherwise, a verdict
Same; Same; Same; Birth Certificates; Baptismal
must be returned in favor of plaintiff. Moreover, in civil cases, the
party having the burden of proof must produce a preponderance Certificates; A certificate of live birth purportedly identifying the
of evidence thereon, with plaintiff having to rely on the strength putative father is not competent evidence as to the issue of
of his own evidence and not upon the weakness of the defendant’s. paternity, when there is no
498 despite the inadmissibility of the school records per se to prove
4 SUPREME COURT REPORTS ANNOTATED paternity, they may be admitted as part of MONINA’s testimony
98 to corroborate her claim that FRANCISCO spent for her
Jison vs. Court of Appeals education.
showing that the putative father had a hand in the Same; Same; Same; Same; Same; Where the birth certificate
preparation of said certificates, and the Local Civil Registrar is and the baptismal certificate are per se inadmissible in evidence
devoid of authority to record the paternity of an illegitimate child as proof of filiation, they cannot be admitted indirectly as
upon the information of a third person; Lack of participation by circumstantial evidence to prove the same.—We likewise disagree
the putative father in the preparation of the baptismal certificates with the ruling of the Court of Appeals that the certificates issued
by the Local Civil Registrar and the baptismal certificates may be
and school records renders such documents incompetent to prove
taken as circumstantial evidence to prove MONINA’s filiation.
paternity, the former being competent merely to prove the
Since they are per se inadmissible in evidence as proof of such
administration of the sacrament of baptism on the date so filiation, they cannot be admitted indirectly as circumstantial
specified.—MONINA’s reliance on the certification issued by the evidence to prove the same.
Local Civil Registrar concerning her birth (Exhs. E and F) is Same; Same; Same; Evidence of Pedigree; Words and
clearly misplaced. It is settled that a certificate of live birth
Phrases;“Family Possessions,” Explained; Statutory
purportedly identifying the putative father is not competent
Construction; Ejusdem
evidence as to the issue of paternity, when there is no showing
499
that the putative father had a hand in the preparation of said
certificates, and the Local Civil Registrar is devoid of authority to VOL. 286, FEBRUARY 24, 1998 499
record the paternity of an illegitimate child upon the information Jison vs. Court of Appeals
of a third person. Simply put, if the alleged father did not Generis; The enumeration contained in the second portion of
intervene in the birth certificate, e.g., supplying the information Rule 130, Section 40, in light of the rule of ejusdem generis, is
himself, the inscription of his name by the mother or doctor or limited to objects which are commonly known as “family
registrar is null and void; the mere certificate by the registrar possessions,” or those articles which represent, in effect, a family’s
without the signature of the father is not proof of voluntary
joint statement of its belief as to the pedigree of a person.—We hold
acknowledgment on the latter’s part. In like manner,
that the scope of the enumeration contained in the second portion
FRANCISCO’s lack of participation in the preparation of the
baptismal certificates (Exhs. C and D) and school records (Exhs. Z of this provision, in light of the rule of ejusdem generis, is limited
and AA) renders these documents incompetent to prove paternity, to objects which are commonly known as “family possessions,” or
the former being competent merely to prove the administration of those articles which represent, in effect, a family’s joint statement
the sacrament of baptism on the date so specified. However, of its belief as to the pedigree of a person. These have been
described as objects “openly exhibited and well known to the Miller & Cruz five (5) months prior to the execution of the sworn
family,” or those “which, if preserved in a family, may be regarded statement in question, hence
as giving a family tradition.” Other examples of these objects 500
which are regarded as reflective of a family’s reputation or 5 SUPREME COURT REPORTS ANNOTATED
tradition regarding pedigree are inscriptions on tombstones, 00
monuments or coffin plates. Jison vs. Court of Appeals
Same; Same; Same; Same; Same; “Common Reputation,” negating FRANCISCO’s theory of the need to quash rumors
Explained; It is the general repute, the common reputation in the circulating within Miller & Cruz regarding the identity of
family, and not the common reputation in community, that is a MONINA’s father. Hence, coupled with the assessment of the
material element of evidence going to establish pedigree.—Plainly credibility of the testimonial evidence of the parties discussed
then, Exhibits S to V, as private documents not constituting above, it is evident that the standard to contradict a notarial
“family possessions” as discussed above, may not be admitted on document, i.e., clear and convincing evidence and more than
the basis of Rule 130, Section 40. Neither may these exhibits be merely preponderant, has been met by MONINA.
admitted on the basis of Rule 130, Section 41 regarding common Same; Same; Same; Denials; Perjurers usually confine
reputation, it having been observed that: [T]he weight of themselves to the incidents immediately related to the principal
authority appears to be in favor of the theory that it is the general fact about which they testify, and when asked about collateral
repute, the common reputation in the family, and not the common
facts by which their truthfulness could be tested, their answers not
reputation in community, that is a material element of evidence
infrequently take the stereotyped form of such expressions as “I
going to establish pedigree. x x x [Thus] matters of pedigree may
don’t know” or “I don’t remember.”—Two (2) glaring points in
be proved by reputation in the family, and not by reputation in
FRANCISCO’s defense beg to be addressed: First, that his
the neighborhood or vicinity, except where the pedigree in
testimony was comprised of mere denials, rife with bare,
question is marriage which may be proved by common reputation
unsubstantiated responses such as “That is not true,” “I do not
in the community.
believe that,” or “None that I know.” In declining then to lend
Same; Same; Same; Notarial Law; Quantum of credence to FRANCISCO’s testimony, we resort to a guiding
Evidence; The standard to contradict a notarial document is clear principle in adjudging the credibility of a witness and the
and convincing evidence, i.e., more than merely preponderant.— truthfulness of his statements, laid down as early as 1921: The
Indeed, if MONINA were truly not FRANCISCO’s illegitimate experience of courts and the general observation of humanity
daughter, it would have been unnecessary for him to have gone to teach us that the natural limitations of our inventive faculties are
such great lengths in order that MONINA denounce her filiation. such that if a witness undertakes to fabricate and deliver in court
For as clearly established before the trial court and properly a false narrative containing numerous details, he is almost
appreciated by the Court of Appeals, MONINA had resigned from certain to fall into fatal inconsistencies, to make statements
which can be readily refuted, or to expose in his demeanor the asserting her claim, but miserably failed to prove the last
falsity of his message. For this reason it will be found that element. In any event, it must be stressed that laches is based
perjurers usually confine themselves to the incidents immediately upon grounds of public policy which requires, for the peace of
related to the principal fact about which they testify, and when society, the discouragement of stale claims, and is principally a
asked about collateral facts by which their truthfulness could be question of the inequity or unfairness of permitting a right or
tested, their answers not infrequently take the stereotyped form claim to be enforced or asserted. There is no absolute rule as to
of such expressions as “I don’t know” or “I don’t remember.” what constitutes laches; each case is to be determined according
Laches; Elements; Doctrine of Stale Demands.—The last to its particular circumstances. The question of laches is
assigned error concerning laches likewise fails to convince. The addressed to the sound discretion of the court, and since it is an
essential elements of laches are: (1) conduct on the part of the equitable doctrine, its application is controlled by equitable
defendant, or of one under whom he claims, giving rise to the considerations. It cannot be worked to defeat justice or to
situation of which the complaint seeks a remedy; (2) delay in perpetuate fraud and injustice. Since the instant case involves
asserting the complainant’s rights, the complainant having had paternity and filiation, even if illegitimate, MONINA filed her
knowledge or notice of the defendant’s conduct as having been action well within the period granted her by a positive provision
afforded an opportunity to institute a suit; (3) lack of knowledge of law. A denial then of her action on ground of laches would
or notice on the part of the defendant that the complaint would clearly be inequitable and unjust.
assert the right in which he bases his
501 PETITION for review on certiorari of a decision of the Court of
VOL. 286, FEBRUARY 24, 1998 501 Appeals.
Jison vs. Court of Appeals
The facts are stated in the opinion of the Court.
suit; and (4) injury or prejudice to the defendant in the event
Salonga, Hernandez & Mendoza for petitioner.
relief is accorded to the complainant, or the suit is not held
barred. The last element is the origin of the doctrine that stale Apeles L. Padilla for private respondent.
demands apply only where by reason of the lapse of time it would
be inequitable to allow a party to enforce his legal rights. DAVIDE, JR., J.:
Same; Laches is based upon grounds of public policy which
This is a petition for review under Rule 45 of the Rules of Court of
requires, for the peace of society, the discouragement of stale
the 27 April 1995 decision of the Court of Appeals
claims, and is principally a question of the inequity or unfairness 502
of permitting a right or claim to be enforced or asserted.—As 502 SUPREME COURT REPORTS ANNOTATED
FRANCISCO set up laches as an affirmative defense, it was Jison vs. Court of Appeals
incumbent upon him to prove the existence of its elements.
(CA) in CAG.R. CV No. 328601 which reversed the decision of
However, he only succeeded in showing MONINA’s delay in
Branch 24 of the Regional Trial Court (RTC) of Iloilo City in Civil
Case No. 16373.2 The latter dismissed the complaint of private CA, 246 SCRA 193, 198 [1995]; and Suntay v. Court of
respondent Monina Jison (hereafter MONINA) for recognition as Appeals, 251 SCRA 430, 446 [1995].
an illegitimate child of petitioner Francisco Jison (hereafter 4
Original Record (OR), vol. 1, 13.
FRANCISCO). 503
In issue is whether or not public respondent Court of Appeals VOL. 286, FEBRUARY 24, 1998 503
committed reversible error, which, in this instance, necessitates Jison vs. Court of Appeals
an inquiry into the facts. While as a general rule, factual issues In his answer, FRANCISCO alleged that he could not have had
5
FAMILY CODE 246(1988 ed.) (hereafter SEMPIO DIY).
means by which illegitimate filiation could be proved, i.e., the
523
open and continuous possession of the status of an illegitimate
VOL. 286, FEBRUARY 24, 1998 523
child or, by any other means allowed by the Rules of Court and
special laws, such as “the baptismal certificate of the child, a Jison vs. Court of Appeals
not the month that they met but the essence of his testimony that deposition, only casually dismissed [MONINA’s] exhaustive and
his sister pointed to their employer [FRANCISCO] as the one detailed testimony as untrue, and with respect to those given by
responsible for her pregnancy, and that upon being confronted, [MONINA’s] witnesses, he merely explained that he had fired
[FRANCISCO] assured him of support for Esperanza and their [them] from their employment. Needless to state, [FRANCISCO’s]
child. It would appear then that in an attempt to find fault with vague denial is grossly inadequate to overcome the probative
Lope’s testimony, the trial court has fallen oblivious to the fact weight of [MONINA’s] testimonial evidence.
that even [FRANCISCO], in his deposition, did not deny that he 524
was confronted by Lope about what he had done to Esperanza, 524 SUPREME COURT REPORTS ANNOTATED
during which he unequivocally acknowledged paternity by Jison vs. Court of Appeals
assuring Lope of support for both Esperanza and their child. Even the affidavit (Exh 2) which [FRANCISCO] had foisted on
The Court of Appeals further noted that Casabuena and Savariz the trial court x x x does not hold sway in the face of [MONINA’s]
“testified on something that they personally observed or logical explanation that she at first did agree to sign the affidavit
witnessed,” which matters FRANCISCO “did not deny or refute.” which contained untruthful statements. In fact, she promptly
Finally, said court aptly held: complained to [FRANCISCO] who, however explained to her that
Taking into account all the foregoing uncontroverted testimonies the affidavit was only for the consumption of his spouse x x x.
x x x let alone such circumstantial evidence as [MONINA’s] Birth Further, the testimony of Jose Cruz concerning the events that
Certificates x x x and Baptismal Certificates which invariably led to the execution of the affidavit x x x could not have been true,
bear the name of [FRANCISCO] as her father, We cannot go for as pointed out by [MONINA], she signed the affidavit x x x
along with the trial court’s theory that [MONINA’s] illegitimate almost five months after she had resigned from the Miller, Cruz
filiation has not been satisfactorily established. & Co. x x x
x x x At any rate, if [MONINA] were not his illegitimate daughter,
Significantly, [MONINA’s] testimony finds ample it would have been uncalled for, if not absurd, for [FRANCISCO]
corroboration from [FRANCISCO’s] former employees, Arsenio or his lawyer to have secured [MONINA’s] sworn statement x x x
Duatin, Rudy Tingson and Alfredo Baylosis. x x x On the contrary, in asking [MONINA] to sign the said affidavit at
x x x the cost of P15,000, [FRANCISCO] clearly betrayed his intention
Carefully evaluating appellant’s evidence on her enjoyment of to conceal or suppress his paternity of [MONINA]. x x x
the status of an illegitimate daughter of [FRANCISCO] visa In fine, We hold that [MONINA’s] filiation as [FRANCISCO’s]
vis[FRANCISCO’s] controversion thereof, We find more weight in illegitimate daughter has been conclusively established by the
the former. The positive testimonies of [MONINA] and [her] uncontroverted testimonies of Lope Amolar, Adela Casabuena
witnesses x x x all bearing on [FRANCISCO’s] acts and/or conduct and Dominador Savariz to the effect that appellee himself had
indubitably showing that he had continuously acknowledged admitted his paternity of the appellee, and also by the testimonies
[MONINA] as his illegitimate daughter have not been of appellant; Arsenio Duatin, Romeo Bilbao, Rudy Tingson and
succeessfully [sic] refuted. In fact, [FRANCISCO] himself, in his Alfredo Baylosis unerringly demonstrating that by his own
conduct or overt acts like sending appellant to school, paying for declared that sometime in February, 1966 appellee’s relative, Ms.
her tuition fees, school uniforms, books, board and lodging at the Remedios Lopez Franco pointed to appellant as the daughter of
Colegio del Sagrado Corazon de Jesus, defraying appellant’s appellee Francisco Jison.
hospitalization expenses, providing her with [a] monthly Finally, the Certifications of the Local Civil Registrar of
allowance, paying for the funeral expenses of appellant’s mother, Dingle (Exhs E and F) as well as [MONINA’s] Baptismal
acknowledging appellant’s paternal greetings and calling Certificates (Exhs C & D) which the trial court admitted in
appellant his “Hija” or child, instructing his office personnel to evidence as part of [MONINA’s] testimony, may serve as
give appellant’s monthly allowance, recommending appellant for circumstantial evidence to further reinforce [MONINA’s] claim
employment at the Miller, Cruz & Co., allowing appellant to use that she is [FRANCISCO’s] illegitimate daughter by Esperanza
his house in Bacolod and paying for her long distance telephone Amolar.
calls, having appellant spend her vacation in his apartment in True it is that a trial judge’s assessment of the credibility of
Manila and also at his Forbes residence, allowing appellant to use witnesses is accorded great respect on appeal. But the rule admits
his surname in her scholastic and other records (Exhs Z, AA, AA of certain exceptions. One such exception is where the judge who
1 to AA5, W & W5), appellee had continuously recognized rendered the judgment was not the one who heard the witnesses
appellant as his illegitimate daughter. Added to these are the acts testify. [citations omitted] The other is where the trial court had
of [FRANCISCO's] relatives acknowledging or treating overlooked, misunderstood or misappreciated some facts or
[MONINA] as [FRANCISCO’s] daughter (Exh U) or as their circumstances of weight and substance which, if properly
relative (Exhs T & V). On this point, witness Zafiro Ledesma, considered, might affect the result of the case. [citations omitted]
former Mayor of Iloilo City, whose spouse belongs to the Lopez In the present case, both exceptions obtain. All of [MONINA’s]
clan just like [FRANCISCO], testified that [MONINA] has been witnesses x x x whose testimonies were not given credence did not
considered by the testify before the judge who rendered the disputed judgment. x x
525 x
VOL. 286, FEBRUARY 24, 1998 525 The Court of Appeals then decreed:
Jison vs. Court of Appeals WHEREFORE, premises considered, the judgment of the trial
Lopezes as a relative. He identified pictures of the appellee in the court is SET ASIDE and another one is hereby entered for
company of the Lopezes (Exhs X16 & X17). Another witness, appellant Monina Jison, declaring her as the illegitimate
Danthea H. Lopez, whose husband Eusebio Lopez is appellee’s daughter of appellee Francisco Jison, and entitled to all rights
first cousin, testified that appellant was introduced to her by and privileges granted by law.
appellee’s cousin, Remedios Lopez Franco, as the daughter of Costs against appellee.
appellee Francisco Jison, for which reason, she took her in as [a] SO ORDERED.
secretary in the Merchant’s Financing Corporation of which she 526
was the manager, and further allowed her to stay with her family 526 SUPREME COURT REPORTS ANNOTATED
free of board and lodging. Still on this aspect, Dominador Savariz Jison vs. Court of Appeals
His motion for reconsideration having been denied by the Court of . . . IN INTERPRETING THE PRIVATE RESPONDENT’S
Appeals in its resolution of 29 March 1996,18FRANCISCO filed SWORN STATEMENT (EXH. “P”/EXH. “2”) IN A MANNER NOT
the instant petition. He urges us to reverse the judgment of the IN CONSONANCE WITH THE RULINGS OF THE
Court of Appeals, alleging that said court committed errors of HONORABLE SUPREME COURT.
law:
V.
I.
. . . IN NOT CONSIDERING THE LONG AND
. . . IN REVERSING THE DECISION OF THE TRIAL COURT UNEXPLAINED DELAY IN THE FILING OF THE PRESENT
AND DECLARING PRIVATE RESPONDENT AS THE PATERNITY SUIT AS EQUIVALENT TO LACHES.
ILLEGITIMATE CHILD OF PETITIONER, CONSIDERING
[THE] IMPOSSIBILITY OF SEXUAL CONTACT BETWEEN _______________
THE PETITIONER AND THE PRIVATE RESPONDENT’S
MOTHER AT THE TIME CONCEPTION WAS SUPPOSED TO OR, vol. 2, 192 et seq.
18
HAVE OCCURRED. 527
VOL. 286, FEBRUARY 24, 1998 527
II. Jison vs. Court of Appeals
As regards the first error, FRANCISCO insists that taking into
. . . IN REVERSING THE TRIAL COURT’S FINDING
account the second paragraph of MONINA’s complaint wherein
CONSIDERING THAT PRIVATE RESPONDENT’S
she claimed that he and Pansay had sexual relations “by about
TESTIMONIAL EVIDENCE OF PATERNITY AND FILIATION
the end of 1945 or the start of 1946,” it was physically impossible
IS NOT CLEAR AND CONVINCING.
for him and Pansay to have had sexual contact which resulted in
III. MONINA’s birth, considering that:
The normal period of human pregnancy is nine (9) months. If as
. . . IN GIVING CREDENCE TO DOCUMENTARY claimed by private respondent in her complaint that her mother
EVIDENCE PRESENTED BY THE PRIVATE RESPONDENT was impregnated by FRANCISCO “at the end of 1945 or the start
AS EVIDENCE OF FILIATION CONSIDERING THAT THE of 1946,” she would have been born sometime in late September
SAME ARE HEARSAY, SELFSERVING AND CANNOT BIND or early October and not August 6, 1946 x x x. The instant case
THE PETITIONER UNDER THE BASIC RULES OF finds factual and legal parallels in Constantino vs. Mendez,19 thus:
EVIDENCE. x x x
FRANCISCO further claims that his testimony that Pansay was
IV. no longer employed by him at the time in question was
unrebutted, moreover, other men had access to Pansay during the uncorroborated by any receipt or other documentary evidence;
time of or even after her employment by him. and assuming he did, such should be interpreted as a
As to the second error, FRANCISCO submits that MONINA’s manifestation of kindness shown towards the family of a former
testimonial evidence is “shaky, contradictory and unreliable,” and household helper.
proceeds to attack the credibility of her witnesses by claiming, in Anent the treatment given by his relatives to MONINA as his
the main, that: (a) Lope Amolar could not have detected Pansay’s daughter, FRANCISCO points to the fact that Pansay was the
pregnancy in November 1945 when they met since she would former laundrywoman of Mrs. Franco; MONINA resided with the
have been only one (1) month pregnant then; (b) Dominador families of Eusebio Lopez and Concha Cuaycong because she was
Savariz did not in fact witness the meeting between in their employ at Kahirup Hotel and Our Lady of Mercy
FRANCISCO, Pansay and MONINA; (c) Zafiro Ledesma had an Hospital, respectively; MONINA failed to present Mrs. Franco,
ulterior motive in testifying for MONINA as he owned a bank in Eusebio Lopez and Mrs. Cuaycong; and MONINA’s employment
Iloilo which was then under Central Bank supervision and at the accounting firm of Miller, Cruz & Co. was attributable to
MONINA was the Bank Examiner assigned to Iloilo; and (d) her educational attainment, there being absolutely no evidence to
Danthea Lopez was not related to him by blood and whatever prove that FRANCISCO ever facilitated her employment thereat.
favorable treatment MONINA received from Danthea was due to Hence, in light of Baluyot v. Baluyot,21 the quantum of evidence to
the former’s employment at Merchants’ Financing Company and prove paternity by clear and convincing evidence, not merely a
additional services rendered at Kahirup Hotel; besides, Danthea preponderance thereof, was not met.
admitted that she had no personal knowledge as to the issue of With respect to the third assigned error, FRANCISCO argues
paternity and that the Court of Appeals’ reliance on the certifications of the
Local Civil Registrar (Exhs. E and F) and Baptismal Certificates
_______________ (Exhs. C and D) as circumstantial evidence is misplaced. First,
their genuineness could not be ascertained as the persons who
19
209 SCRA 18, 23 [1992]. issued them did not testify. Second, in light of Reyes v. Court of
528 Appeals,22 the contents of the baptismal certificates were hearsay,
528 SUPREME COURT REPORTS ANNOTATED as the data was based only
Jison vs. Court of Appeals
filiation of the contending parties, hence Sections 39 and 40 20 of _______________
Rule 130 of the Rules of Court did not come into play.
FRANCISCO likewise reechoes the view of the trial court as
20
Act or declaration about pedigree and family reputation or
regards the testimonies of Adela Casabuena and Alfredo Baylosis. tradition regarding pedigree, respectively.
FRANCISCO further asserts that MONINA’s testimony that
21
186 SCRA 506 [1990].
he answered for her schooling was selfserving and
22
135 SCRA 439 [1985].
529
VOL. 286, FEBRUARY 24, 1998 529 As to the last assigned error, FRANCISCO bewails the Court
Jison vs. Court of Appeals of Appeals’ failure to consider the long and unexplained delay in
on what was told to the priest who solemnized the baptism, who the filing of the case.
likewise was not presented as a witness. Additionally, the name
_______________
of the father appearing therein was “Franque Jison,” which was
not FRANCISCO’s name. Third, in both Exhibits E and F, the 23
134 SCRA 260 [1985].
names of the child’s parents were listed as “Frank Heson” and 24
135 SCRA 47 [1985].
“Esperanza Amador” (not Amolar). FRANCISCO further points 25
66 SCRA 504 [1975].
out that in Exhibit F, the status of the child is listed as
530
“legitimate,” while the father’s occupation as “laborer.” Most
530 SUPREME COURT REPORTS ANNOTATED
importantly, there was no showing that FRANCISCO signed
Exhibits E and F or that he was the one who reported the child’s Jison vs. Court of Appeals
birth to the Office of the Local Civil Registrar. As to MONINA’s In her comment, MONINA forcefully refuted FRANCISCO’s
educational records, FRANCISCO invokes Bañas v. arguments, leading FRANCISCO to file his reply thereto.
On 20 November 1996, we gave due course to this petition and
Bañas23 which recognized that school records are prepared by
required the parties to submit their respective memoranda, which
school authorities, not by putative parents, thus incompetent to
they subsequently did.
prove paternity. And, as to the photographs presented by
A painstaking review of the evidence and arguments fails to
MONINA, FRANCISCO cites Colorado v. Court of Appeals,24 and support petitioner.
further asserts that MONINA did not present any of the persons Before addressing the merits of the controversy, we first
with whom she is seen in the pictures to testify thereon; besides dispose of preliminary matters relating to the applicable law and
these persons were, at best, mere second cousins of FRANCISCO. the guiding principles in paternity suits. As to the former, plainly,
He likewise assails the various notes and letters written by his the Family Code of the Philippines (Executive Order No. 209)
relatives (Exhs. S to V) as they were not identified by the authors. governs the present controversy. As correctly cited by the Court of
Finally, he stresses that MONINA did not testify as to the
Appeals, Uyguangco26served as a judicial confirmation of Article
telephone cards (Exhs. G to L) nor did these reveal the
256 of the Family Code27 regarding its retroactive effect unless
circumstances surrounding the calls she made from his residence.
there be impairment of vested rights, which does not hold true
Anent the fourth assigned error, FRANCISCO contends that
here, it appearing that neither the putative parent nor the child
the Court of Appeals’ interpretation of MONINA’s affidavit of 21
has passed away and the former having actually resisted the
September 1971 ran counter to Dequito v. Llamas,25 and latter’s claim below.
overlooked that at the time of execution, MONINA was more than Under Article 175 of the Family Code, illegitimate filiation,
25 years old and assisted by counsel. such as MONINA’s, may be established in the same way and on
the same evidence as that of legitimate children. Article 172
thereof provides the various forms of evidence by which legitimate This Article reproduces, with amendments, Articles 265, 266 and
filiation is established, thus: 267 of the Civil Code.
ART. 172. The filiation of legitimate children is established by For the success of an action to establish illegitimate filiation
any of the following: under the second paragraph, which MONINA relies upon given
that she has none of the evidence mentioned in the first
1. (1)The record of birth appearing in the civil register or a paragraph, a “high standard of proof” 28 is required. Specifically, to
final judgment; or prove open and continuous possession of the status of an
illegitimate child, there must be evidence of the manifestation of
2. (2)An admission of legitimate filiation in a public the permanent intention of the supposed father to consider the
document or a private handwritten instrument signed by child as his, by continuous and clear manifestations of parental
the parent concerned. affection and care, which cannot be attributed to pure charity.
Such acts must be of such a nature that they reveal not only the
_______________ conviction of paternity, but also the apparent desire to have and
treat the child as such in all relations in society and in life, not
Supra note 16.
26 accidentally, but continuously.29
This article provides:
27 By “continuous” is meant uninterrupted and consistent, but
This Code shall have retroactive effect insofar as it does not does not require any particular length of time.30
prejudice or impair vested or acquired rights in accordance with The foregoing standard of proof required to establish one’s
the Civil Code or other laws. filiation is founded on the principle that an order for recognition
531 and support may create an unwholesome atmosphere or may be
an irritant in the family or lives of the parties, so that it must be
VOL. 286, FEBRUARY 24, 1998 531
issued only if paternity or filiation is established by clear and
Jison vs. Court of Appeals
convincing evidence.31
In the absence of the foregoing evidence, the legitimate filiation
shall be proved by: _______________
1. (1)The open and continuous possession of the status of a 28
See Baluyut v. Baluyut, supra note 21, at 513.
legitimate child; or 29
ARTURO M. TOLENTINO, 1 CIVIL CODE OF THE
PHILIPPINES: COMMENTARIES AND JURISPRUDENCE 602
2. (2)Any other means allowed by the Rules of Court and 605(1985); see Mendoza v. Court of Appeals, 201 SCRA 675, 683
special laws. [1991].
30
SEMPIODIY, at 245246.
31
Constantino v. Mendez, 209 SCRA 18, 2324 [1992].
532 _______________
532 SUPREME COURT REPORTS ANNOTATED
Jison vs. Court of Appeals
32
See 7 VICENTE J. FRANCISCO, THE REVISED RULES
The foregoing discussion, however, must be situated within the OF COURT IN THE PHILIPPINES, EVIDENCE (PART II,
general rules on evidence, in light of the burden of proof in civil RULES 131134), at 24, 542543 [1973] (citations omitted)
cases, i.e., preponderance of evidence, and the shifting of the (hereafter FRANCISCO).
burden of evidence in such cases. Simply put, he who alleges the
33
10 C.J.S., Bastards §81 and 10 AM. JUR. 2D Bastards §105,
affirmative of the issue has the burden of proof, and upon the citing Walker v. State, 74 NE 614 [1905], 86 NE 502 (1908)
plaintiff in a civil case, the burden of proof never parts. However, and State v. Breeden, 82 NE 1020 [1908].
in the course of trial in a civil case, once plaintiff makes out 533
a prima facie case in his favor, the duty or the burden of evidence VOL. 286, FEBRUARY 24, 1998 533
shifts to defendant to controvert plaintiff’s prima facie case, Jison vs. Court of Appeals
otherwise, a verdict must be returned in favor of plaintiff. the instant case, MONINA’s mother could no longer testify as to
Moreover, in civil cases, the party having the burden of proof the fact of intercourse, as she had, unfortunately, passed away
must produce a preponderance of evidence thereon, with plaintiff long before the institution of the complaint for recognition. But
having to rely on the strength of his own evidence and not upon this did not mean that MONINA could no longer prove her
the weakness of the defendant’s. The concept of “preponderance of filiation. The fact of her birth and her parentage may be
evidence” refers to evidence which is of greater weight, or more established by evidence other than the testimony of her mother.
convincing, that which is offered in opposition to it; at bottom, it The paramount question then is whether MONINA’s evidence is
means probability of truth.32 coherent, logical and natural.34
With these in mind, we now proceed to resolve the merits of The complaint stated that FRANCISCO had carnal knowledge
the instant controversy. of Pansay “by about the end of 1945.” We agree with MONINA
FRANCISCO’s arguments in support of his first assigned that this was broad enough to cover the fourth quarter of said
error deserve scant consideration. While it has been observed that year, hence her birth on 6 August 1946 could still be attributed to
unlawful intercourse will not be presumed merely from proof of sexual relations between FRANCISCO and MONINA’s mother. In
an opportunity for such indulgence,33 this does not favor any event, since it was established that her mother was still in
FRANCISCO. Akin to the crime of rape where, in most instances, the employ of FRANCISCO at the time MONINA was conceived
the only witnesses to the felony are the participants in the sexual as determined by the date of her birth, sexual contact between
act themselves, in deciding paternity suits, the issue of whether FRANCISCO and MONINA’s mother was not at all impossible,
sexual intercourse actually occurred inevitably redounds to the especially in light of the overwhelming evidence, as hereafter
victim’s or mother’s word, as against the accused’s or putative shown, that FRANCISCO fathered MONINA, has recognized her
father’s protestations. In as his daughter and that MONINA has been enjoying the open
and continuous possession of the status as FRANCISCO’s paying for her long distance telephone calls, having appellant
illegitimate daughter. spend her vacation in his apartment in Manila and also at his
We readily conclude that the testimonial evidence offered by Forbes residence, allowing appellant to use his surname in her
MONINA, woven by her narration of circumstances and events scholastic and other records (Exhs. Z, AA, AA1 to AA5, W & W
that occurred through the years, concerning her relationship with 5) . . .
FRANCISCO, coupled with the testimonies of her witnesses,
overwhelmingly established the following facts: 1. 3)Such recognition has been consistently shown and
manifested throughout the years
1. 1)FRANCISCO is MONINA’s father and she was publicly,35spontaneously, continuously and in an
conceived at the time when her mother was in the uninterrupted manner.36
employ of the former;
Accordingly, in light of the totality of the evidence on record, the
2. 2)FRANCISCO recognized MONINA as his child through second assigned error must fail.
his overt acts and conduct which the Court of Appeals There is some merit, however, in the third assigned error
took pains to enumerate, thus: against the probative value of some of MONINA’s documentary
evidence.
_______________ MONINA’s reliance on the certification issued by the Local
Civil Registrar concerning her birth (Exhs. E and F) is clearly
See Ilano v. Court of Appeals, 230 SCRA 242, 256257
34
misplaced. It is settled that a certificate of live birth purportedly
[1994]. identifying the putative father is not competent evidence as to the
534 issue of paternity, when there is no showing that the putative
534 SUPREME COURT REPORTS ANNOTATED father had a hand in the preparation of said certificates, and the
Jison vs. Court of Appeals Local Civil Registrar is devoid of authority to record the paternity
[L]ike sending appellant to school, paying for her tuition fees, of an illegitimate child upon the information of a third
school uniforms, books, board and lodging at the Colegio del person.37 Simply put, if the alleged father did
Sagrado de Jesus, defraying appellant’s hospitalization expenses,
_______________
providing her with [a] monthly allowance, paying for the funeral
expenses of appellant’s mother, acknowledging appellant’s
paternal greetings and calling appellant his “Hija” or child,
35
See Baluyot v. Baluyot, supra note 21; Alberto v. Court of
instructing his office personnel to give appellant’s monthly Appeals, 232 SCRA 745, 757 [1994].
allowance, recommending appellant for employment at the Miller,
36
See Ong v. Court of Appeals, G.R. No. 95386, 29 May 1997,
Cruz & Co., allowing appellant to use his house in Bacolod and at 11.
See Fernandez v. Court of Appeals, 230 SCRA 130, 136137
37 admitted, there being no showing that the declarantsauthors
[1994], citing Roces v. Local Civil Registrar, 102 Phil. 1050 (1958). were dead or unable to testify, neither was the relationship
535 between the declarants and MONINA
VOL. 286, FEBRUARY 24, 1998 535
_______________
Jison vs. Court of Appeals
not intervene in the birth certificate, e.g., supplying the 38
See Berciles v. GSIS, 128 SCRA 53, 7778 [1984] (citations
information himself, the inscription of his name by the mother or
omitted).
doctor or registrar is null and void; the mere certificate by the 39
See Fernandez v. CA, supra note 37; and Reyes v. Court of
registrar without the signature of the father is not proof of
voluntary acknowledgment on the latter’s part. 38 In like manner, Appeals, supra note 22, at 450.
FRANCISCO’s lack of participation in the preparation of the
40
Rule 132, Section 20(a), Rules of Court.
baptismal certificates (Exhs. C and D) and school records (Exhs. Z 536
and AA) renders these documents incompetent to prove paternity, 536 SUPREME COURT REPORTS ANNOTATED
the former being competent merely to prove the administration of Jison vs. Court of Appeals
the sacrament of baptism on the date so specified. 39 However, shown by evidence other than the documents in question.41As to
despite the inadmissibility of the school records per se to prove the admissibility of these documents under Rule 130, Section 40,
paternity, they may be admitted as part of MONINA’s testimony however, this requires further elaboration.
to corroborate her claim that FRANCISCO spent for her Rule 130, Section 40, provides:
education. Section 40. Family reputation or tradition regarding pedigree.—
We likewise disagree with the ruling of the Court of Appeals The reputation or tradition existing in a family previous to the
that the certificates issued by the Local Civil Registrar and the controversy, in respect to the pedigree of any one of its members,
baptismal certificates may be taken as circumstantial evidence to may be received in evidence if the witness testifying thereon be
prove MONINA’s filiation. Since they are per se inadmissible in also a member of the family, either by consanguinity or
evidence as proof of such filiation, they cannot be admitted affinity. Entries in family bibles or other family books or charts,
indirectly as circumstantial evidence to prove the same. engravings on rings, family portrait and the like, may be received
As to Exhibits “S,” “T,” “U” and “V,” the various notes and as evidence of pedigree. (italics supplied)
letters written by FRANCISCO’s relatives, namely Mike Alano, It is evident that this provision may be divided into two (2) parts:
Emilio Jison, Mariquit Lopez and Fernando Lopez, respectively, the portion containing the first underscored clause which pertains
allegedly attesting to MONINA’s filiation, while their due to testimonial evidence, under which the documents in question
execution and authenticity are not in issue,40 as MONINA may not be admitted as the authors thereof did not take the
witnessed the authors signing the documents, nevertheless, under witness stand; and the section containing the second underscored
Rule 130, Section 39, the contents of these documents may not be phrase. What must then be ascertained is whether Exhibits S to
V, as private documents, fall within the scope of the clause “and exhibits be admitted on the basis of Rule 130, Section 41
the like” as qualified by the preceding phrase “[e]ntries in family regarding common reputation,47 it having been observed that:
bibles or other family books or charts, engravings on rights [and] [T]he weight of authority appears to be in favor of the theory that
family portraits.” it is the general repute, the common reputation in the family, and
We hold that the scope of the enumeration contained in the not the common reputation in community, that is a material
second portion of this provision, in light of the rule of ejusdem element of evidence going to establish pedigree. x x x [Thus]
generis, is limited to objects which are commonly known as matters of pedigree may be proved by reputation in the family,
“family possessions,” or those articles which represent, in effect, a and not by reputation in the neighborhood or vicinity, except
family’s joint statement of its belief as to the pedigree of a where the pedigree in question is marriage which may be proved
person.42 These have been described as objects “openly exhibited by common reputation in the community.48
and well known to the family,”43 or those “which, if Their inadmissibility notwithstanding, Exhibits “S” to “V,”
inclusive, may, in like manner as MONINA’s school records,
_______________ properly be admitted as part of her testimony to strengthen her
claim that, indeed, relatives of FRANCISCO recognized her as his
41
See Mendoza v. Court of Appeals, supra note 29, at 685 for daughter.
requisites of admissibility of an act or declaration regarding
pedigree. _______________
42
See FRANCISCO, at 498.
43
5 MANUEL V. MORAN, COMMENTS ON THE RULES OF
44
5 RUPERTO G. MARTIN, RULES OF COURT IN THE
COURT 329 [1980] (hereafter MORAN). PHILIPPINES WITH NOTES AND COMMENTS 325 (3rd ed.
537 1974) (hereafter MARTIN).
VOL. 286, FEBRUARY 24, 1998 537
45
Id.
Jison vs. Court of Appeals
46
MORAN, supra note 43.
preserved in a family, may be regarded as giving a family
47
The provision reads:
tradition.”44 Other examples of these objects which are regarded Section 41. Common reputation.—Common reputation existing
as reflective of a family’s reputation or tradition regarding previous to the controversy, respecting facts of public or general
pedigree are inscriptions on tombstones, 45monuments or coffin interest more than thirty years old, or respecting marriage or
plates.46 moral character, may be given in evidence. Monuments and
Plainly then, Exhibits S to V, as private documents not inscriptions in public places may be received as evidence of
constituting “family possessions” as discussed above, may not be common reputation.
admitted on the basis of Rule 130, Section 40. Neither may these 48
MORAN, supra note 43, at 328 and 336.
538
538 SUPREME COURT REPORTS ANNOTATED On the contrary, in asking [MONINA] to sign the said affidavit at
Jison vs. Court of Appeals the cost of P15,000, [FRANCISCO] clearly betrayed his intention
We now direct our attention to MONINA’s 21 September 1971 to conceal or suppress his paternity of [MONINA]. x x x
affidavit (Exh. P/Exh. 2), subject of the fourth assigned error, Indeed, if MONINA were truly not FRANCISCO’s illegitimate
where she attests that FRANCISCO is not her father. MONINA daughter, it would have been unnecessary for him to have gone to
such great lengths in order that MONINA denounce her filiation.
contends that she signed it under duress, i.e., she was jobless, had
For as clearly established before the trial
no savings and needed the money to support herself and finish
539
her studies. Moreover, she signed Exhibit P upon the advice of
VOL. 286, FEBRUARY 24, 1998 539
Atty. Divinagracia that filiation could not be waived and that
FRANCISCO’s ploy would “boomerang” upon him. On the other Jison vs. Court of Appeals
hand, FRANCISCO asserts that full credence should be afforded court and properly appreciated by the Court of Appeals, MONINA
Exhibit P as MONINA was already 25 years old at the time of its had resigned from Miller & Cruz five (5) months prior to the
execution and was advised by counsel; further, being a notarized execution of the sworn statement in question, hence negating
document, its genuineness and due execution could not be FRANCISCO’s theory of the need to quash rumors circulating
questioned. He relies on the testimony of Jose Cruz, a partner at within Miller & Cruz regarding the identity of MONINA’s father.
the accounting firm of Miller & Cruz, who declared that he Hence, coupled with the assessment of the credibility of the
intervened in the matter as MONINA was spreading rumors testimonial evidence of the parties discussed above, it is evident
about her filiation within the firm, which might have had that the standard to contradict a notarial document, i.e., clear and
deleterious effects upon the relationship between the firm and convincing evidence and more than merely preponderant, 49 has
FRANCISCO. been met by MONINA.
On this issue, we find for MONINA and agree with the Plainly then, the burden of evidence fully shifted to
following observations of the Court of Appeals: FRANCISCO.
Even the affidavit (Exh 2) which [FRANCISCO] had foisted on Two (2) glaring points in FRANCISCO’s defense beg to be
the trial court x x x does not hold sway in the face of [MONINA’s] addressed: First, that his testimony was comprised of mere
logical explanation that she at first did not agree to sign the denials, rife with bare, unsubstantiated responses such as “That
affidavit which contained untruthful statements. In fact, she is not true,” “I do not believe that,” or “None that I know.” In
promptly complained to [FRANCISCO] who, however explained to declining then to lend credence to FRANCISCO’s testimony, we
her that the affidavit was only for the consumption of his spouse x resort to a guiding principle in adjudging the credibility of a
x x. witness and the truthfulness of his statements, laid down as early
At any rate, if [MONINA] were not his illegitimate daughter, as 1921:
it would have been uncalled for, if not absurd, for [FRANCISCO] The experience of courts and the general observation of humanity
or his lawyer to have secured [MONINA’s] sworn statement x x x teach us that the natural limitations of our inventive faculties are
such that if a witness undertakes to fabricate and deliver in court
a false narrative containing numerous details, he is almost unable to provide the basis for a finding of bias against
certain to fall into fatal inconsistencies, to make statements FRANCISCO on the part of his former employees.
which can be readily refuted, or to expose in his demeanor the As to FRANCISCO’s other witnesses, nothing substantial
falsity of his message. could be obtained either. Nonito Jalandoni avowed that he only
For this reason it will be found that perjurers usually confine came to know of MONINA in June 1988; 51 that during his
themselves to the incidents immediately related to the principal employment at Nelly Garden from 1963 up to 1974, he did not
fact about which they testify, and when asked about collateral recall ever having seen MONINA there, neither did he know of
facts by which their truthfulness could be tested, their answers any instructions from FRANCISCO nor Mr. Lagarto
not infre (FRANCISCO’s office manager before passing away) regarding
the disbursement of MONINA’s allowance. 52 Teodoro Nulla
_______________ corroborated Jalandoni’s testimony regarding not having seen
MONINA at Nelly Garden and MONINA’s allowance; declared
49
See Yturralde v. Azurin, 28 SCRA 407, 417 [1969], that Alfredo Baylosis was dismissed due to discrepancies
citing Mendezona v. Philippine Sugar Estates Development discovered after an audit, without any further elaboration,
Co., 41 Phil. 475, 493 [1921], in turn, citing Camacho v. however; but admitted that he never prepared the vouchers
Municipality of Baliuag, 28 Phil. 466 [1914] and Centenera v. pertaining to FRANCISCO’s personal expenses, merely those
Garcia Palicio, 29 Phil. 470 [1915]; and Salame v. Court of intended for one of FRANCISCO’s haciendas.53 Then, Iñigo
Appeals, 239 SCRA 356, 359 [1994]. Superticioso confirmed that according to the report of a certain
540 Mr. Atienza, Baylosis “was dismissed by Mr.
540 SUPREME COURT REPORTS ANNOTATED
Jison vs. Court of Appeals _______________
quently take the stereotyped form of such expressions as “I don’t 50
United States v. Burns, 41 Phil. 418, 428429 [1921]; People
know” or “I don’t remember.” x x x50
v. Nemesio V. Ganan, Jr., Harley S. Fabicon, G.R. No. 119722, 2
Second, the reasons for the dismissals of Tingson, Baylosis and
December 1996, at 25.
Savariz were unspecified or likewise unsubstantiated, hence 51
TSN, 15 November 1988, 1011.
FRANCISCO’s attempt to prove illmotive on their part to falsely 52
TSN, 15 November 1988, 1417.
testify in MONINA’s favor may not succeed. As may be gleaned, 53
TSN, 16 January 1989, 8; 2425.
the only detail which FRANCISCO could furnish as to the
541
circumstances surrounding the dismissals of his former
employees was that Baylosis allegedly “took advantage of his VOL. 286, FEBRUARY 24, 1998 541
position” while FRANCISCO was in the United States. But aside Jison vs. Court of Appeals
from this bare claim, FRANCISCO’s account is barren, hence Jison for irregularities,” while Superticioso was informed by
FRANCISCO that Tingson was dismissed for loss of confidence.
Superticioso likewise denied that MONINA received money from 55
People v. Antonio, 233 SCRA 283, 299 [1994]; Batiquin v.
FRANCISCO’s office, neither was there a standing order from Court of Appeals, 258 SCRA 334, 343 [1996].
FRANCISCO to release funds to her.54 56
TSN, 17 April 1989, 13.
It is at once obvious that the testimonies of these witnesses for 57
TSN, 17 April 1989, 2931.
FRANCISCO are likewise insufficient to overcome MONINA’s 542
evidence. The former merely consist of denials as regards the 542 SUPREME COURT REPORTS ANNOTATED
latter’s having gone to Nelly Garden or having received her Jison vs. Court of Appeals
allowance from FRANCISCO’s office, which, being in the form of the part of the defendant, or of one under whom he claims, giving
negative testimony, necessarily stand infirm as against positive rise to the situation of which the complaint seeks a remedy; (2)
testimony;55 bare assertions as regards the dismissal of Baylosis; delay in asserting the complainant’s rights, the complainant
ignorance of FRANCISCO’s personal expenses incapable of having had knowledge or notice of the defendant’s conduct as
evincing that FRANCISCO did not provide MONINA with an having been afforded an opportunity to institute a suit; (3) lack of
allowance; or hearsay evidence as regards the cause for the knowledge or notice on the part of the defendant that the
dismissals of Baylosis and Tingson. But what then serves as complaint would assert the right in which he bases his suit; and
the coup de grâce is that despite Superticioso’s claim that he did (4) injury or prejudice to the defendant in the event relief is
not know MONINA,56 when confronted with Exhibit H, a accorded to the complainant, or the suit is not held barred. 58 The
telephone toll ticket indicating that on 18 May 1971, MONINA last element is the origin of the doctrine that stale demands apply
called a certain “Eñing” at FRANCISCO’s office, Superticioso only where by reason of the lapse of time it would be inequitable
admitted that his nickname was “Iñing” and that there was no to allow a party to enforce his legal rights.59
other person named “Iñing” in FRANCISCO’s office.57 As FRANCISCO set up laches as an affirmative defense, it
All told, MONINA’s evidence hurdled “the high standard of was incumbent upon him to prove the existence of its elements.
proof” required for the success of an action to establish one’s However, he only succeeded in showing MONINA’s delay in
illegitimate filiation when relying upon the provisions regarding asserting her claim, but miserably failed to prove the last
“open and continuous possession” or “any other means allowed by element. In any event, it must be stressed that laches is based
the Rules of Court and special laws”; moreover, MONINA proved upon grounds of public policy which requires, for the peace of
her filiation by more than mere preponderance of evidence. society, the discouragement of stale claims, and is principally a
The last assigned error concerning laches likewise fails to question of the inequity or unfairness of permitting a right or
convince. The essential elements of laches are: (1) conduct on claim to be enforced or asserted. There is no absolute rule as to
what constitutes laches; each case is to be determined according
_______________ to its particular circumstances. The question of laches is
addressed to the sound discretion of the court, and since it is an
54
TSN, 17 April 1989, 6, 8, 1012, 29. equitable doctrine, its application is controlled by equitable
considerations. It cannot be worked to defeat justice or to
perpetuate fraud and injustice. 60 Since the instant case involves an information is filed by the prosecutor against the accused, in
paternity and filiation, even if illegitimate, MONINA filed her compliance with the due process of the law.—It is enshrined in our
action well within the period granted her by a positive provision Bill of Rights that “[n]o person shall be held to answer for a
of law. A denial then of her action on ground of laches would criminal offense without due process of law.” This includes the
clearly be inequitable and unjust. right of the accused to be presumed innocent until proven guilty
WHEREFORE, IN VIEW OF THE FOREGOING, the petition and “to be informed of the nature and accusation against him.”
is hereby DENIED and the challenged decision of the Court of Upon a finding of
Appeals of 27 April 1995 in CAG.R. CV No. 32860 is AFFIRMED. _______________
Costs against petitioner. * THIRD DIVISION.
SO ORDERED. 149
Bellosillo, Vitug, Panganiban and Quisumbing, VOL. 724, MAY 5, 2014 149
JJ.,concur. People vs. Feliciano, Jr.
Petition denied; Challenged decision affirmed. probable cause, an information is filed by the prosecutor
Notes.—The phrase “vested or acquired rights” under Article against the accused, in compliance with the due process of the
256 is not defined by the Family Code, leaving it to the courts to law. Rule 110, Section 1, paragraph 1 of the Rules of Criminal
determine what it means as each particular issue is submitted to Procedure provides that: A complaint or information is sufficient
them. (Aruego, Jr. vs. Court of Appeals, 254 SCRA 711 [1996]) if it states the name of the accused; the designation of the offense
In the absence of titles indicated in Art. 265 of the Civil Code, given by the statute; the acts or omissions complained of as
the filiation of children may be proven by continuous possession of constituting the offense; the name of the offended party; the
the status of a legitimate child and by any other means allowed approximate date of the commission of the offense; and the place
by the Rules of Court or special laws. (Balogbog vs. Court of where the offense was committed.
Appeals, 269 SCRA 259 [1997]) Criminal Law; Aggravating Circumstances; Failure to state
an aggravating circumstance, even if duly proven at trial, will not
be appreciated as such.—It should be remembered that every
G.R. No. 196735. May 5, 2014.* aggravating circumstance being alleged must be stated in the
PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs. DANILO information. Failure to state an aggravating circumstance, even if
FELICIANO, JR., JULIUS VICTOR MEDALLA, CHRISTOPHER duly proven at trial, will not be appreciated as such. It was,
SOLIVA, WARREN L. ZINGAPAN, and ROBERT MICHAEL therefore, incumbent on the prosecution to state the aggravating
BELTRAN ALVIR, accusedappellants. circumstance of “wearing masks and/or other forms of disguise” in
Remedial Law; Criminal Procedure; Prosecution of Offenses; the information in order for all the evidence, introduced to that
effect, to be admissible by the trial court.
Probable Cause; Due Process; Upon a finding of probable cause,
Same; Same; Disguise; In criminal cases, disguise is an Remedial Law; Criminal Procedure; Appeals; As a general
aggravating circumstance because, like nighttime, it allows the rule, the findings of fact by the trial court, when affirmed by the
accused to remain anonymous and unidentifiable as he carries out appellate court, are given great weight and credence on review.—
his crimes.—In criminal cases, disguise is an aggravating As a general rule, the findings of fact by the trial court, when
circumstance because, like nighttime, it allows the accused to affirmed by the appellate court, are given great weight and
remain anonymous and unidentifiable as he carries out his credence on review. The rationale for this was explained in People
crimes. The introduction of the prosecution of testimonial v. Daniel Quijada, 259 SCRA 191 (1996), as follows: Settled is the
evidence that tends to prove that the accused were masked but rule that the factual findings of the trial court, especially on the
the masks fell off does not prevent them from including disguise credibility of witnesses, are accorded great weight and respect.
as an aggravating circumstance. What is important in alleging For, the trial court has the advantage of observing the witnesses
disguise as an aggravating circumstance is that there was through the different indicators of truthfulness or falsehood, such
a concealment of identity by the accused. The inclusion of disguise as the angry flush of an insisted assertion or the sudden pallor of
in the information was, therefore, enough to sufficiently apprise a discovered lie or the tremulous mutter of a reluctant answer or
the accused that in the commission of the offense they were being the forthright tone of a ready reply; or the furtive glance, the
charged with, they tried to conceal their identity. blush of conscious shame, the hesitation, the sincere or the
Same; Conspiracy; Conspiracy presupposes that “the act of flippant or sneering tone, the heat, the calmness, the yawn, the
one is the act of all.”—The information charges conspiracy among sigh, the candor or lack of it, the scant or full realization of the
the accused. Conspiracy presupposes that “the act of one is the act solemnity of an oath, the carriage and mien. There are, of course,
of all.” This would mean all the accused had been one in their recognized exceptions to this rule. In People v.Leticia
plan to conceal their identity even if there was evidence later on Labarias, 217 SCRA 483 (1993), this court stated that: It is the
to prove that some of them might not have done so. In any case, policy of this Court to sustain the factual findings of the trial
the accused court on the reasonable assumption that it is in a better position
150 to assess the evidence before it, particularly the testimonies of the
1 SUPREME COURT REPORTS ANNOTATED witnesses, who reveal much of themselves by their deportment on
50 the stand. The exception that makes the rule is where such
People vs. Feliciano, Jr. findings are clearly arbitrary or erroneous as when they
were being charged with the crime of murder, frustrated are tainted with bias or hostility or are so lacking in
murder, and attempted murder. All that is needed for the basis as to suggest that they were reached without the
information to be sufficient is that the elements of the crime have careful study and perceptiveness that should characterize
been alleged and that there are sufficient details as to the time, a judicial decision.
place, and persons involved in the offense.
Same; Evidence; Witnesses; It would be in line with human act material to the issue, and giving it a legal significance, may be
experience that a victim or an eyewitness of a crime would received as part of the res gestae.
endeavor to find ways to identify the assailant so that in the event Same; Same; Res Gestae; Considering that the statements of
that he or she survives, the criminal could be apprehended.— the bystanders were made immediately after the startling
It would be in line with human experience that a victim or an occurrence, they are, in fact, admissible as evidence given in res
eyewitness of a crime would endeavor to find ways to identify the gestae.—There is no doubt that a sudden attack on a group
assailant so that in the peacefully eating lunch on a school campus is a startling
151 occurrence. Considering that the statements of the bystanders
VOL. 724, MAY 5, 2014 151 were made immediately after the startling occurrence, they are,
People vs. Feliciano, Jr. in fact, admissible as evidence given in res gestae.
event that he or she survives, the criminal could be Criminal Law; Alibi; It is settled that the defense of alibi
apprehended. It has also been previously held that: It is the most cannot prevail over the positive identification of the victim.—It is
natural reaction for victims of criminal violence to strive to see
settled that the defense of alibi cannot prevail over the positive
the looks and faces of their assailants and observe the manner in
which the crime was committed. Most often the face of the identification of the victim. In People v. Benjamin Peteluna, 689
assailant and body movements thereof, creates a lasting SCRA 190 (2013), this court is stated that: x x x In this
impression which cannot be easily erased from their memory. case, the victims were able to positively identify their attackers
Same; Same; Same; As a general rule, a witness can testify while the accusedappellants merely offered alibis and denials as
their defense. The credibility of the victims was upheld by both
only to the facts he knows of his personal knowledge; that is,
the trial court and the
which are derived from his own perception.—As a general rule, 152
“[a] witness can testify only to the facts he knows of his personal
1 SUPREME COURT REPORTS ANNOTATED
knowledge; that is, which are derived from his own perception,
52
x x x.” All other kinds of testimony are hearsay and are
inadmissible as evidence. The Rules of Court, however, provide People vs. Feliciano, Jr.
several exceptions to the general rule, and one of which is when appellate court while giving little credence to the accused
the evidence is part of res gestae, thus: Section 42. Part of res appellants’ alibis. There is, thus, no reason to disturb their
gestae.—Statements made by a person while a starting occurrence findings.
is taking place or immediately prior or subsequent thereto with Same; Aggravating Circumstances; Treachery; The swiftness
respect to the circumstances thereof, may be given in evidence as and the suddenness of the attack gave no opportunity for the
part of res gestae. So, also, statements accompanying an equivocal victims to retaliate or even to defend themselves. Treachery,
therefore, was present in this case.—The victims, who were
unarmed, were also attacked with lead pipes and baseball bats. upon the conspirators is clearly explained in one case where this
The only way they could parry the blows was with their arms. In Court held that ... it is impossible to graduate the separate
a situation where they were unarmed and outnumbered, it would liability of each (conspirator) with
be impossible for them to fight back against the attackers. The 153
attack also happened in less than a minute, which would preclude VOL. 724, MAY 5, 2014 153
any possibility of the bystanders being able to help them until People vs. Feliciano, Jr.
after the incident. The swiftness and the suddenness of the attack out taking into consideration the close and inseparable
gave no opportunity for the victims to retaliate or even to defend relation of each of them with the criminal act, for the commission
themselves. Treachery, therefore, was present in this case. of which they all acted by common agreement ... The crime must
Same; Conspiracy; Conspiracy, once proven, has the effect of therefore in view of the solidarity of the act and intent which
attaching liability to all of the accused, regardless of their degree existed between the ... accused, be regarded as the act of the band
of participation.—It should be remembered that the trial court or party created by them, and they are all equally
found that there was conspiracy among the accused responsible. Verily, the moment it is established that the
appellants and the appellate court sustained this malefactors conspired and confederated in the
finding. Conspiracy, once proven, has the effect of attaching commission of the felony proved, collective liability of the
liability to all ofthe accused, regardless of their degree of accused conspirators attaches by reason of the conspiracy,
participation, thus: Once an express or implied conspiracy is and the court shall not speculate nor even investigate as
proved, all of the conspirators are liable as coprincipals to the actual degree of participation of each of the
regardless of the extent and character of their respective perpetrators present at the scene of the crime. x x x.
active participation in the commission of the crime or ABAD, J., Dissenting Opinion:
crimes perpetrated in furtherance of the conspiracy Remedial Law; Evidence; Proof Beyond Reasonable Doubt;
because in contemplation of law the act of one is the act of
View that in every criminal action, the prosecution has to
all. The foregoing rule is anchored on the sound principle that
establish the identity of the offender, like the crime itself, by proof
“when two or more persons unite to accomplish a criminal object,
beyond reasonable doubt.—In every criminal action, the
whether through the physical volition of one, or all, proceeding
prosecution has to establish the identity of the offender, like the
severally or collectively, each individual whose evil will actively
crime itself, by proof beyond reasonable doubt. Indeed, its first
contributes to the wrongdoing is in law responsible for the whole,
duty is to prove the identity of the offender for, even if the
the same as though performed by himself alone.” Although it is
commission of the offense can be established, no conviction can
axiomatic that no one is liable for acts other than his own, “when
take place without proof of his identity beyond reasonable doubt.
two or more persons agree or conspire to commit a crime, each is
responsible for all the acts of the others, done in furtherance of Criminal Law; Alibi; View that true, alibi is a weak defense
the agreement or conspiracy.” The imposition of collective liability in the face of positive testimonies of prosecution witnesses that the
accused committed the crime.—True, alibi is a weak defense in Sec. 42. Part of the res gestae.—Statements made by a person
the face of positive testimonies of prosecution witnesses that the while a startling occurrence is taking place or immediately prior
accused committed the crime. But such testimonies must be or subsequent thereto with respect to the circumstances thereof,
credible and must come from credible witnesses. Several may be given in evidence as part of the res gestae. x x x These
circumstances militate against the mauling victims’ testimonies statements are spontaneous reactions inspired by the excitement
that they were able to identify their attackers. of the moment. It may be assumed that, unlike tardy witnesses,
Remedial Law; Evidence; View that the circumstances of the the bystanders who made the statements had no opportunity to
separate identifications, taking place in split seconds, defy belief. deliberate or fabricate. The words they uttered are part of the
—Just what are the chances that four out of five witnesses who commotion they described. The res gestae contradicts the attempt
were fleeing and, indeed, running for their lives would just look of prosecution witnesses to show that a number of the attackers
back, risk stumbling and crashing down, to put in evidence the wore masks or that identification was possible because the masks
identities of some of those whom the RTC and the CA convicted? of some fell off.
Very little. It appears a convenient excuse for providing evidence Constitutional Law; Right to Remain Silent; View that the
where none right to silence is given to persons under suspicion for committing
154
some crimes, not to the victims whose duty is to promptly assist
1 SUPREME COURT REPORTS ANNOTATED
the police investigators in pinpointing criminal responsibilities.—
54
The right to silence is given to persons under suspicion for
People vs. Feliciano, Jr. committing some crimes, not to the victims whose duty is to
existed. The circumstances of the separate identifications, promptly assist the police investigators in pinpointing criminal
taking place in split seconds, defy belief. What baffles me is the responsibilities. No evidence has been presented to show that the
fact that the trial court acquitted SJ Morano whom SR Fortes and UP police force was partial to the opposing fraternity. I am thus
Gaston identified while looking back on the run but convicted SJ unable to blame the accused for believing that the only possible
Zingapan, Soliva, and Medalla who were also targets of lookback reason in this case for withholding information from the police
testimonies. from day one was that the victims and their counsel had yet to
Same; Same; Res Gestae; View that the statement of the put their acts together.
bystanders, made while some of the wounded were bleeding there Criminal Law; Aggravating Circumstances; Treachery; View
and the excitement lingered, may be given in evidence as part of that while the attack by masked men is doubly condemnable, not
the res gestae.—The statement of the bystanders, made while only for the treachery involved but also for the cowardice and
some of the wounded were bleeding there and the excitement deception
lingered, may be given in evidence as part of the res gestae. 155
Section 42, Rule 130 of the Rules of Evidence provides: VOL. 724, MAY 5, 2014 155
People vs. Feliciano, Jr. Yet, there are elements within this academic milieu that trade
that came with it, the Supreme Court cannot hastily send to misplaced concepts of perverse brotherhood for these hopes.
Fraternity rumbles exist because of past impunity.
prison those charged with these crimes without proof beyond
156
reasonable doubt that they committed them.—While the attack by 156 SUPREME COURT REPORTS ANNOTATED
masked men is doubly condemnable, not only for the treachery
People vs. Feliciano, Jr.
involved but also for the cowardice and deception that came with
This has resulted in a senseless death whose justice is now the
it, the Court cannot hastily send to prison those charged with
subject matter of this case. It is rare that these cases are
these crimes without proof beyond reasonable doubt that they
prosecuted. It is even more extraordinary that there are credible
committed them. The Constitution ordains this. In a case like
witnesses who present themselves courageously before an able
this, where the identities and participations of the several
and experienced trial court judge.
accused involved are difficult to prove, the ideal solution is to
This culture of impunity must stop. There is no space in this
convince the least guilty of them, the one who showed the most
society for hooliganism disguised as fraternity rumbles. The
reluctance and delivered the lightest blows, to turn state
perpetrators must stand and suffer the legal consequences of
witness. I am unable to say if efforts in this direction were taken
their actions. They must do so for there is an individual who now
by the NBI or the prosecutors to ensure that they had a good case.
lies dead, robbed of his dreams and the dreams of his family.
APPEAL from a decision of the Court of Appeals.
Excruciating grief for them will never be enough.
The facts are stated in the opinion of the Court.
It is undisputed that on December 8, 1994, at around 12:30 to
Office of the Solicitor General for plaintiffappellee.
1:00 in the afternoon, seven (7) members of the Sigma
De Castro & Cagampang Law Offices for accusedappellant
Rho Fraternity were eating lunch at the Beach House Canteen,
Christopher Soliva.
near the Main Library of the University of the Philippines,
Villareal, Rosacia, Dino & Patag Law Offices for appellant Diliman, when they were attacked by several masked men
Alvir. carrying baseball bats and lead pipes. Some of them sustained
Estelito P. Mendoza for appellant Zingapan. injuries that required hospitalization. One of them, Dennis
LEONEN, J.: Venturina, died from his injuries.
It is in the hallowed grounds of a university where students, An information[1] for murder, docketed as Criminal Case No.
faculty, and research personnel should feel safest. After all, this is Q9561133, was filed against several members of the Scintilla
where ideas that could probably solve the sordid realities in this Juris Fraternity, namely, Danilo Feliciano, Jr., Julius
world are peacefully nurtured and debated. Universities produce Victor L. Medalla, Warren L. Zingapan, Robert Michael Beltran
hope. They incubate all our youthful dreams. Alvir, Christopher L. Soliva, Reynaldo G. Ablanida, Carlo Jolette
Fajardo, George Morano, Raymund E. Narag, Gilbert Merle
Magpantay, Benedict Guerrero, and Rodolfo Peñalosa, Jr. with
the Regional Trial Court of Quezon City, Branch 219. The The facts, according to the prosecution, are as follows:
information reads: Leandro Lachica, Arnel Fortes, Dennis Venturina, Mervin
That on or about the 8th day of December 1994, in Quezon Natalicio, Cristobal Gaston, Jr., Felix Tumaneng,[7]and Cesar
City, Philippines, the abovenamed accused, wearing masks Mangrobang, Jr. are all members of the Sigma Rho Fraternity.
and/or other forms of disguise, conspiring, confederating with On December 8, 1994, at around 12:30 to 1:00 p.m., they were
other personswhose true having lunch at Beach House Canteen, located at the back of the
_______________ Main Library of the University of the Philippines,
[1] Original records, Vol. I, p. 3. _______________
157 [2] Docketed as Q9561134.
VOL. 724, MAY 5, 2014 157 [3] Docketed as Q9561135.
People vs. Feliciano, Jr. [4] Docketed as Q9561136.
names, identities and whereabouts have not as yet been [5] Docketed as Q9561137.
ascertained, and mutually helping one another, with intent to [6] Docketed as Q9561138.
kill, qualified with treachery, and with evident premeditation, [7] Felix Tumaneng was not presented as a witness by the
taking advantage of superior strength, armed with baseball bats, prosecution.
lead pipes, and cutters, did then and there willfully, unlawfully 158
and feloniously attack, assault and employ personal violence upon 158 SUPREME COURT REPORTS ANNOTATED
the person of DENNIS F. VENTURINA, by then and there hitting People vs. Feliciano, Jr.
him on the head and clubbing him on different parts of his body Diliman, Quezon City.[8] Suddenly, Dennis Venturina
thereby inflicting upon him serious and mortal injuries which shouted, “Brods, brods!”[9]
were the direct and immediate cause of his death, to the damage According to Leandro Lachica, Grand Archon of Sigma
and prejudice of the heirs of said DENNIS F. VENTURINA.
Rho Fraternity, he looked around when Venturina shouted, and
(Emphasis supplied)
he saw about ten (10) men charging toward them.[10]The men
were armed with baseball bats and lead pipes, and their heads
Separate informations were also filed against them for the
were covered with either handkerchiefs or shirts.[11] Within a
attempted murder of Sigma Rho Fraternity members Cesar few seconds, five (5) of the men started attacking him, hitting him
Mangrobang, Jr.,[2] Cristobal Gaston, Jr.,[3] and Leandro with their lead pipes.[12] During the attack, he recognized one of
Lachica,[4] and the frustrated murder of Sigma Rho Fraternity the attackers as Robert Michael Beltran Alvir because his mask
members Mervin Natalicio[5] and Arnel Fortes.[6] Only 11 of the fell off.[13]
accused stood trial since one of the accused, Benedict Guerrero, Lachica tried to parry the blows of his attackers, suffering
remained at large. scratches and contusions.[14] He was, however, able to run to the
A trial on the merits ensued. nearby College of Education.[15] Just before reaching it, he
looked back and saw Warren Zingapan and Julius (30) seconds, they stopped hitting him.[26] He was lying on his
Victor L. Medalla holding lead pipes and standing where the back and when he looked up, he saw another group of four (4) to
commotion was.[16] Both of them did not have their masks on. five (5) men coming toward him, led by Benedict Guerrero.
[17] He was familiar with Alvir, Zingapan, and Medalla because [27]This group also beat him up.[28] He did not move until
he often saw them in the College of Social Sciences and another group of masked men beat him up for about five (5) to
Philosophy (CSSP) and Zingapan used to be his friend.[18] The eight (8) seconds.[29] When the attacks ceased, he was found
attack lasted about thirty (30) to fortyfive (45) seconds.[19] lying on the ground.[30] Several bystanders brought him to the
According to Mervin Natalicio, the Vice Grand Archon U.P. Infirmary where he stayed for more than a week for the
of Sigma Rho, he looked to his left when Venturina shouted.[20] treatment of his wounds and fractures.[31]
_______________ According to Cesar Mangrobang, Jr., member of Sigma Rho,
[8] TSN, June 5, 1995, pp. 911. he also looked back when Venturina shouted and saw a group of
[9] TSN, July 3, 1995, p. 7. men with baseball bats and lead pipes. Some of them wore pieces
[10] TSN, June 5, 1995, p. 25. of cloth around their heads.[32] He ran when they attacked, but
[11] Id., at pp. 1112. two (2) men, whose faces were covered with pieces of cloth,
[12] Id., at p. 12. blocked his way and hit him with lead pipes.[33] While running
and parrying the blows, he recognized them as
[13] Id.
_______________
[14] Id., at p. 13.
[21] Id.
[15] Id., at pp. 1314.
[22] Id., at p. 10.
[16] Id., at pp. 4546.
[23] Id.
[17] Id., at pp. 1314.
[24] Id., at pp. 1213.
[18] Id.
[25] Id., at pp. 1416.
[19] Id., at p. 33.
[26] Id., at p. 16.
[20] TSN, July 3, 1995, p. 7.
159He saw about fifteen (15) to twenty (20) men, most of who [27] Id., at pp. 1617.
were wearing masks, running toward them.[21] He was stunned, [28] Id., at p. 17.
and he started running.[22] He stumbled over the protruding [29] Id., at p. 19.
roots of a tree.[23] He got up, but the attackers came after him [30] Id., at pp. 1920.
and beat him up with lead pipes and baseball bats until he fell [31] Id.
down.[24] While he was parrying the blows, he recognized two (2) [32] TSN, September 28, 1995, pp. 1415.
of the attackers as Warren Zingapan and Christopher L. Soliva
[33] Id., at p. 16.
since they were not wearing any masks.[25] After about thirty
160
160 SUPREME COURT REPORTS ANNOTATED [39] Id., at p. 28.
People vs. Feliciano, Jr. [40] Id., at pp. 2829.
Gilbert Merle Magpantay and Carlo Jolette Fajardo because [41] Id., at p. 33.
their masks fell off.[34] He successfully evaded his attackers and [42] Id., at p. 34.
ran to the Main Library.[35] He then decided that he needed to
[43] Id., at p. 35.
help his fraternity brothers and turned back toward Beach House.
[44] Id., at p. 36.
[36] There, he saw Venturina lying on the ground.[37] Danilo
[45] TSN, October 11, 1995, p. 15.
Feliciano, Jr. was beating Venturina up with a lead pipe while
Raymund E. Narag was aiming to hit Venturina.[38] When they [46] Id.
saw him, they went toward his direction.[39] They were about to [47] Id., at pp. 1617.
hit him when somebody shouted that policemen were coming. 161
Feliciano and Narag then ran away.[40] VOL. 724, MAY 5, 2014 161
Cesar Mangrobang, Jr. then saw Arnel Fortes. Fortes People vs. Feliciano, Jr.
accompanied him to his car so they could bring Venturina to the of the attackers approached him.[48] One struck him with a
U.P. Infirmary.[41] When they brought the car over, other people, heavy pipe while the other stabbed him with a bladed instrument.
presumably bystanders, were already loading Venturina into [49] He was able to parry most of the blows from the lead pipe,
another vehicle.[42] They followed that vehicle to the U.P. but he sustained stab wounds on the chest and on his left
Infirmary where they saw Natalicio.[43]He stayed at the forearm.[50] He was able to run away.[51]When he sensed that no
infirmary until the following morning.[44] one was chasing him, he looked back to Beach House Canteen and
According to Cristobal Gaston, Jr., member of Sigma Rho, he saw Danilo Feliciano, Jr., Warren Zingapan, and George Morano.
immediately stood up when he heard someone [52] He decided to go back to the canteen to help his fraternity
shout, “Brods!”[45] He saw a group of men charging toward them brothers.[53]When he arrived, he did not see any of his fraternity
carrying lead pipes and baseball bats.[46] Most of them had brothers but only saw the ones who attacked them.[54] He ended
pieces of cloth covering their faces.[47] He was about to run when up going to their hangout instead to meet with his other
two (2) fraternity brothers.[55] They then proceeded to the College of
_______________ Law where the rest of the fraternity was already discussing the
[34] Id., at pp. 1718. incident.[56]
[35] Id., at pp. 2021. According to Arnel Fortes, member of Sigma Rho, he also ran
when he saw the group of attackers coming toward them.
[36] Id., at pp. 2122.
[57] When he looked back, he saw Danilo Feliciano, Jr. hitting
[37] Id., at p. 23.
Venturina.[58] He was also able to see Warren Zingapan and
[38] Id., at pp. 2326. George Morano at the scene.[59]
Leandro Lachica, in the meantime, upon reaching the College U.P. where the Sigma RhoFraternity members held a meeting.
of Education, boarded a jeepney to the College of Law to wait for [65]
their other fraternity brothers.[60] One of his fraternity brothers, On the night of December 8, 1994, the officers of Sigma
Peter Corvera, told him that he received informa Rho advised the victims to lodge their complaints with the
_______________ National Bureau of Investigation.[66] Their counsel, Atty. Frank
[48] Id., at pp. 1718. Chavez, told the U.P. Police that the victims would be giving their
[49] Id., at pp. 1920. statements before the National Bureau of Investigation,
[50] Id., at p. 24. promising to give the U.P. Police copies of their statements. In the
[51] Id., at p. 31. meantime, Venturina was transferred from the U.P. Infirmary to
St. Luke’s Hospital on December 8, 1994. He died on December
[52] Id., at pp. 3132.
10, 1994.[67]
[53] Id., at p. 33. On December 11, 1994, an autopsy was conducted on the
[54] Id., at pp. 3435. cadaver of Dennis Venturina.[68] Dr. Rolando Victoria, a medico
[55] Id., at p. 40. legal officer of the National Bureau of Investigation, found that
[56] Id., at pp. 4445. Venturina had “several contusions located at the back of the
[57] TSN, October 30, 1995, p. 74. upper left arm and hematoma on the back of both
[58] Id., at pp. 3031. hands,”[69] “two (2) lacerated wounds at the back of the head,[70]
_______________
[59] Id., at pp. 7778.
[61] TSN, June 5, 1995, p. 14.
[60] TSN, June 21, 1995, pp. 56.
162 [62] Id.
162 SUPREME COURT REPORTS ANNOTATED [63] Id., at pp. 1415.
People vs. Feliciano, Jr. [64] Id., at p. 17.
tion that members of Scintilla Juris were seen in the west wing of [65] Id., at p. 15.
the Main Library and were regrouping in SM North.[61] Lachica [66] Id., at p. 20.
and his group then set off for SM North to confront Scintilla [67] TSN, September 16, 1996, pp. 1014.
Juris and identify their attackers.[62] [68] TSN, July 24, 1995, pp. 67.
When they arrived in SM North, pillboxes and stones were [69] Id., at pp. 1416.
thrown at them.[63] Lachica saw Robert Michael Beltran Alvir [70] Id., at pp. 1617.
and Warren Zingapan and a certain Carlo Taparan.[64] They had 163
no choice but to get away from the mall and proceed instead to VOL. 724, MAY 5, 2014 163
People vs. Feliciano, Jr.
generalized hematoma on the skull,”[71] “several fractures on the [77] TSN, June 5, 1995, p. 17.
head,”[72] and “intercranial hemmorrhage.”[73] The injuries, [78] TSN, July 31, 1995, p. 14.
according to Dr. Victoria, could have been caused by a hard blunt [79] Id., at p. 46.
object.[74] Dr. Victoria concluded that Venturina died of [80] Id., at pp. 2628.
traumatic head injuries.[75]
[81] Id., at p. 46.
On December 12, 1994, Lachica, Natalicio, Mangrobang,
164
Fortes, and Gaston executed their respective affidavits[76]before
164 SUPREME COURT REPORTS ANNOTATED
the National Bureau of Investigation and underwent medicolegal
examinations[77] with their medicolegal officer, Dr. Aurelio People vs. Feliciano, Jr.
Villena. According to Dr. Villena, he found that Mervin Natalicio (1) to nine (9) days of medical attention.”[82] He found on Leandro
had “lacerated wounds on the top of the head, above the left ear, Lachica “contusions on the mid auxiliary left side, left forearm
and on the fingers; contused abrasions on both knees; contusion and lacerated wound on the infra scapular area, left side.”[83] On
on the left leg and thigh,”[78] all of which could have been caused Christopher Gaston, Jr. he found “lacerated wounds on the
by any hard, blunt object. These injuries required medical anterior chest, left side, left forearm; swollen knuckles of both
attendance for a period of ten (10) days to thirty (30) days from hands; contusions on the mid auxiliary left side, left forearm and
the date of infliction.[79] lacerated wound on the infra scapular area, left side.”[84]
Dr. Villena found on Arnel Fortes “lacerated wounds on the On September 18, 1997, after the prosecution presented its
head and on the right leg which could have been caused by a evidenceinchief, the court granted the demurrer to evidence filed
blunt instrument.”[80] These injuries required hospitalization for by Rodolfo Peñalosa, Jr. on the ground that he was not identified
a period of ten (10) days to thirty (30) days from date of infliction. by the prosecution’s witnesses and that he was not mentioned in
[81] He also found on Cesar Mangrobang, Jr. a “healed abrasion any of the documentary evidence of the prosecution.[85]
on the left forearm which could possibly be caused by contact with Upon the presentation of their evidence, the defense
[a] rough hard surface and would require one introduced their own statement of the facts, as follows:
_______________ According to Romeo Cabrera,[86] a member of the U.P. Police,
[71] Id., at p. 18. he was on foot patrol with another member of the U.P. Police,
Oscar Salvador, at the time of the incident. They were near the
[72] Id., at pp. 1920.
College of Arts and Sciences (Palma Hall) when he vaguely heard
[73] Id., at p. 22. somebody shouting, “Rumble!” They went to the place where the
[74] Id., at p. 41. alleged rumble was happening and saw injured men being helped
[75] Id., at p. 23. by bystanders. They helped an injured person board the service
[76] TSN, June 5, 1995, p. 17; TSN, July 3, 1995, p. 20; TSN, vehicle of the Beach House Canteen. They asked what his name
September 28, 1995, pp. 116117; TSN, October 20, 1995, p. 34; was, and he replied that he was Mervin Natalicio. When he asked
TSN, October 11, 1995, p. 48. Natalicio who hit him, the latter was not able to reply but instead
told him that his attackers were wearing masks. Oscar commotion happened. She saw around fifteen (15) to eighteen (18)
Salvador[87]corroborated his testimony. masked men attack a group of Sigma Rhoans. She did not see any
_______________ mask fall off. Her sorority sister and another U.P. student, Luz
[82] Id., at p. 401. Perez,[91]corroborated her story that the masked men were
[83] Id., at pp. 3133. unrecognizable because of their masks. Perez, however, admitted
[84] Id. that a member of Scintilla Juris approached her to make a
[85] RTC Decision, p. 15. statement.
[86] TSN, November 11, 1995. Another sorority sister, Bathalani Tiamzon,[92] testified on
[87] TSN, November 20, 1995. substantially the same matters as Panganiban and Perez. She
165 also stated that she saw a person lying on the ground who
VOL. 724, MAY 5, 2014 165 _______________
[88] TSN, November 27, 1995.
People vs. Feliciano, Jr.
[89] TSN, December 4, 1995.
Benjamin Lato,[88] a utility worker of the Beach House
[90] TSN, December 11, 1995.
Canteen, likewise testified that the identities of the attackers
were unrecognizable because of their masks. He, however, [91] Id.
admitted that he did not see the attack; he just saw a man [92] TSN, December 18, 1995.
sprawled on the ground at the time of the incident. 166
Frisco Capilo,[89] a utility worker of U.P. assigned to the Main 166 SUPREME COURT REPORTS ANNOTATED
Library, was buying a cigarette at a vendor located nearby. From People vs. Feliciano, Jr.
there, he allegedly saw the whole incident. He testified that ten was being beaten up by about three (3) to five (5) masked men.
(10) men, wearing either masks of red and black bonnets or with She also stated that some of the men were wearing black masks
shirts covering their faces, came from a red car parked nearby. He while some were wearing white tshirts as masks. She did not see
also saw three (3) men being hit with lead pipes by the masked any mask fall off the faces of the attackers.
men. Two (2) of the men fell after being hit. One of the victims According to Feliciana Feliciano,[93] accusedappellant Danilo
was lifting the other to help him, but the attackers overtook him. Feliciano, Jr.’s mother, her son was in Pampanga to visit his sick
Afterwards, the attackers ran away. He then saw students grandfather at the time of the incident. She alleged that her son
helping those who were injured. He likewise helped in carrying went to Pampanga before lunch that day and visited the school
one of the injured victims, which he later found out to be Arnel where she teaches to get their house key from her.
Fortes. According to Robert Michael Beltran Alvir,[94] he had not
A U.P. student and member of the Sigma Alpha NuSorority, been feeling well since December 5, 1994. He said that he could
Eda Panganiban,[90] testified that she and her friends were in not have possibly been in U.P. on December 8, 1994 since he was
line to order lunch at the Beach House Canteen when a absent even from work. He also testified that he wore glasses and,
thus, could not have possibly been the person identified by buy a gift for a friend’s wedding but ran into a fraternity brother.
Leandro Lachica. He also stated that he was not enrolled in U.P. He also alleged that some Sigma Rhoans attacked them in SM
at the time since he was working to support himself. North that day.
According to Julius Victor Medalla,[95] he and another On February 28, 2002, the trial court rendered its
classmate, Michael Vibas, were working on a school project on decision[100] with the finding that Robert Michael Alvir, Danilo
December 8, 1994. He also claimed that he could not have Feliciano, Jr., Christopher Soliva, Julius Victor Medalla, and
participated in the rumble as he had an injury affecting his Warren Zingapan were guilty beyond reasonable doubt of murder
balance. The injury was caused by an incident in August 1994 and attempted murder and were sentenced to, among other
when he was struck in the head by an unknown assailant. His penalties, the penalty of reclusion perpetua.[101] The trial court,
testimony was corroborated by Jose Victor Santos[96] who stated however, acquitted Reynaldo Ablanida, Carlo Jolette Fajardo,
that after lunch that day, Medalla played darts with him and, Gilbert Magpantay, George Morano, and Raymund Narag.
afterwards, they went to Jollibee. [102] The case against Benedict Guerrero was ordered archived
Christopher Soliva,[97] on the other hand, testified that he by the court until his apprehension.[103]
was eating lunch with his girlfriend and another friend in The trial court, in evaluating the voluminous evidence at
Jollibee, Philcoa, on December 8, 1994. They went back to hand, concluded that:
_______________ After a judicious evaluation of the matter, the Court is of the
[93] TSN, November 27, 1995. considered view that of the ten accused, some were sufficiently
[94] TSN, February 2, 2000. identified and some were not. The Court believes that out of the
[95] TSN, September 22, 1999. amorphous images during
[96] TSN, August 11, 1999. _______________
[97] TSN, June 16, 1999. [98] TSN, November 23, 1998.
167 [99] TSN, May 12, 1999.
VOL. 724, MAY 5, 2014 167 [100] Penned by the Hon. Jose Catral Mendoza, now an
People vs. Feliciano, Jr. Associate Justice of this Court (CA Rollo, pp. 576644).
U.P. before 1:00 p.m. and went straight to their fraternity hang [101] RTC Decision, pp. 8183.
out where he was told that there had been a rumble at the Main [102] Id., at pp. 8283.
Library. He also met several Sigma Rhoansacting suspiciously as [103] Id., at p. 83.
they passed by the hangout. They were also told by their head, 168
Carlo Taparan, not to react to the Sigma Rhoans and just go 168 SUPREME COURT REPORTS ANNOTATED
home. Anna Cabahug,[98] his girlfriend, corroborated his story.
People vs. Feliciano, Jr.
Warren Zingapan[99] also testified that he was not in U.P. at
the pandemonium, the beleaguered victims were able to espy and
the time of the incident. He claimed to have gone to SM North to
identify some of the attackers etching an indelible impression in
their memory. In this regard, the prosecution eyewitnesses were Leagogo and Isaias P. Dicdican also voluntarily inhibited, but the
emphatic that they saw the attackers rush towards them wielding reason was not shown in the records.
deadly weapons like baseball bats, lead pipes, pieces of wood and 169
bladed ones, and pounce on their hapless victims, run after them, VOL. 724, MAY 5, 2014 169
and being present with one another at the scene of the crime People vs. Feliciano, Jr.
during the assault. Although each victim had a very strong On December 26, 2010, the Court of Appeals, in a Special First
motive to place his fraternity rivals permanently behind bars, not Division of Five, affirmed[108] the decision of the Regional Trial
one of them testified against all of them. If the prosecution Court, with three (3) members concurring[109] and one
eyewitnesses, who were all Sigma Rhoans, were simply bent on (1) dissenting.[110]
convicting Scintilla Juris members for that matter, they could The decision of the Court of Appeals was then brought to this
have easily tagged each and every single accused as a participant court for review.
in the atrocious and barbaric assault to make sure that no one The issue before this court is whether the prosecution was
else would escape conviction. Instead, each eyewitness named able to prove beyond reasonable doubt that accusedappellants
only one or two and some were candid enough to say that they did attacked private complainants and caused the death of Dennis
not see who delivered the blows against them.[104] Venturina.
On the basis, however, of the arguments presented to this
Because one of the penalties meted out was reclusion court by both parties, the issue may be further refined, thus:
perpetua, the case was brought to this court on automatic appeal. 1. Whether accusedappellants’ constitutional
However, due to the amendment of the Rules on Appeal,[105] the rights were violated when the information against
case was remanded to the Court of Appeals.[106] In the Court of them contained the aggravating circumstance of the
Appeals, the case had to be reraffled several times[107] before it use of masks despite the prosecution presenting
was eventually assigned to Presiding Justice Andres B. Reyes, Jr. witnesses to prove that the masks fell off; and
for the writing of the decision. 2. Whether the Regional Trial Court and the
_______________ Court of Appeals correctly ruled, on the basis of the
[104] Id., at pp. 4849. evidence, that accusedappellants were sufficiently
[105] Per People v. Mateo, G.R. Nos. 14767887, July 7, 2004, identified.
433 SCRA 640, which modified the rules on direct appeal to the
Supreme Court. I
[106] Per resolution of this Court dated April 13, 2005, An information is sufficient when
CA Rollo, p. 297. the accused is fully apprised of
[107] Justice Romeo F. Barza voluntarily inhibited due to the charge against him to enable
membership in Sigma Rho Fraternity. Justices Celia C. Librea him to prepare his defense
It is the argument of appellants that the information filed The test of sufficiency of Information is whether it enables a
against them violates their constitutional right to be informed person of common understanding to know the charge against him,
_______________ and the court to render judgment properly. x x x The purpose is to
[108] Rollo, pp. 472; CA Rollo, pp. 14801551. allow the accused to fully prepare for his defense, precluding
[109] Justices Amelita G. Tolentino, Jose C. Reyes, Jr., and surprises during the trial.[114]
Mariflor P. PunzalanCastillo. _______________
[110] Justice Stephen C. Cruz. [111] Const., Art. III, Sec. 14(1).
170 [112] Const., Art. III, Sec. 14(2).
170 SUPREME COURT REPORTS ANNOTATED [113] 424 Phil. 482; 373 SCRA 461 (2002) [Per J. Carpio, Third
People vs. Feliciano, Jr. Division].
of the nature and cause of the accusation against them. They [114] People v. Wilson Labeo, 424 Phil. 482, 497; 373 SCRA 461,
argue that the prosecution should not have included the phrase 473 (2002) [Per J. Carpio, Third Division], citing Jumawan v.
“wearing masks and/or other forms of disguise” in the information Eviota,
since they were presenting testimonial evidence that not all the 171
accused were wearing masks or that their masks fell off. VOL. 724, MAY 5, 2014 171
It is enshrined in our Bill of Rights that “[n]o person shall be
People vs. Feliciano, Jr.
held to answer for a criminal offense without due process of
Contrary to the arguments of the appellants, the inclusion of
law.”[111] This includes the right of the accused to be presumed
the phrase “wearing masks and/or other forms of disguise” in the
innocent until proven guilty and “to be informed of the nature and
information does not violate their constitutional rights.
accusation against him.”[112]
It should be remembered that every aggravating circumstance
Upon a finding of probable cause, an information is filed by
being alleged must be stated in the information. Failure to state
the prosecutor against the accused, in compliance with the due
an aggravating circumstance, even if duly proven at trial, will not
process of the law. Rule 110, Section 1, paragraph 1 of the Rules
be appreciated as such.[115] It was, therefore, incumbent on the
of Criminal Procedure provides that:
prosecution to state the aggravating circumstance of “wearing
A complaint or information is sufficient if it states the name of
masks and/or other forms of disguise” in the information in order
the accused; the designation of the offense given by the statute;
for all the evidence, introduced to that effect, to be admissible by
the acts or omissions complained of as constituting the offense;
the trial court.
the name of the offended party; the approximate date of the
In criminal cases, disguise is an aggravating circumstance
commission of the offense; and the place where the offense was
because, like nighttime, it allows the accused to remain
committed.
anonymous and unidentifiable as he carries out his crimes.
In People v. Wilson Labeo,[113] this court has stated that: The introduction of the prosecution of testimonial evidence
that tends to prove that the accused were masked but the masks
fell off does not prevent them from including disguise as an Findings of the trial court, when
aggravating circumstance.[116] What is important in alleging affirmed by the appellate court,
disguise as an aggravating circumstance is that there was are entitled to great weight and
a concealment of identity by the accused. The inclusion of disguise credence
in the information was, therefore, enough to sufficiently apprise As a general rule, the findings of fact by the trial court, when
the accused that in the commission of the offense they were being affirmed by the appellate court, are given great weight and
charged with, they tried to conceal their identity. credence on review. The rationale for this was explained in People
The introduction of evidence which shows that some of the
v. Daniel Quijada,[118] as follows:
accused were not wearing masks is also not violative of their right Settled is the rule that the factual findings of the trial court,
to be informed of their offenses. especially on the credibility of witnesses, are accorded great
_______________ weight and respect. For, the trial court has the advantage of
G.R. Nos. 8551213, July 28, 1994, 234 SCRA 524 [Per J. observing the witnesses through the different indicators of
Mendoza, En Banc]. truthfulness or falsehood, such as the angry flush of an insisted
[115] Rules of Criminal Procedure, Rule 110, Sec. 8. assertion or the sudden pallor of a discovered lie or the tremulous
[116] See People v. Sabangan Cabato, 243 Phil. 262; 160 SCRA mutter of a reluctant answer or the forthright tone of a ready
98 (1988) [Per J. Cortes, Third Division] and People v. Veloso, 197 reply; or the furtive glance, the blush of conscious shame, the
hesitation, the sincere or the flippant or sneering tone,
Phil. 846; 112 SCRA 173 (1982) [Per Curiam, En Banc].
_______________
172
[117] People v. Halil Gambao, G.R. No. 172707, October 1,
172 SUPREME COURT REPORTS ANNOTATED
2013, 706 SCRA 508 [Per J. Perez, En Banc].
People vs. Feliciano, Jr.
The information charges conspiracy among the accused. [118] 328 Phil. 505; 259 SCRA 191 (1996) [Per J. Davide, En
Conspiracy presupposes that “the act of one is the act of Banc].
all.”[117] This would mean all the accused had been one in their 173
plan to conceal their identity even if there was evidence later on VOL. 724, MAY 5, 2014 173
to prove that some of them might not have done so. People vs. Feliciano, Jr.
In any case, the accused were being charged with the crime of the heat, the calmness, the yawn, the sigh, the candor or lack of
murder, frustrated murder, and attempted murder. All that is it, the scant or full realization of the solemnity of an oath, the
needed for the information to be sufficient is that the elements of carriage and mien.[119]
the crime have been alleged and that there are sufficient details There are, of course, recognized exceptions to this rule.
as to the time, place, and persons involved in the offense. In People v. Leticia Labarias, [120] this court stated that:
II
It is the policy of this Court to sustain the factual findings of 174 SUPREME COURT REPORTS ANNOTATED
the trial court on the reasonable assumption that it is in a better People vs. Feliciano, Jr.
position to assess the evidence before it, particularly the decision, the trial court acquitted six (6) and convicted five (5) of
testimonies of the witnesses, who reveal much of themselves by the accused. On the basis of these numbers alone, it cannot be
their deportment on the stand. The exception that makes the said that the trial court acted arbitrarily or that its decision was
rule is where such findings are clearly arbitrary or “so lacking in basis” that it was arrived at without a judicious and
erroneous as when they are tainted with bias or hostility or exhaustive study of all the evidence presented.
are so lacking in basis as to suggest that they were Inasmuch, however, as the trial court’s findings hold great
reached without the careful study and perceptiveness that persuasive value, there is also nothing that precludes this court
should characterize a judicial decision.[121] (Emphasis from coming to its own conclusions based on an independent
supplied) review of the facts and the evidence on record.
In criminal cases, the exception gains even more importance The accused were sufficiently
since the presumption is always in favor of innocence. It is only identified by the witnesses for the
upon proof of guilt beyond reasonable doubt that a conviction is prosecution
sustained. The trial court, in weighing all the evidence on hand, found
In this case, a total of eleven (11) witnesses for the prosecution the testimonies of the witnesses for the prosecution to be credible.
and fortytwo (42) witnesses for the defense were put on the stand In its decision, the trial court stated that:
from 1995 to 2001. In an eightythree (83)page x x x. Although each victim had a very strong motive to place
_______________ his fraternity rivals permanently behind bars, not one testified
[119] People v. Daniel Quijada, 328 Phil. 505, 530531; 259 against all of them. If the prosecution eyewitnesses, who
SCRA 191, 212213 (1996) [Per J. Davide, En Banc], citing People were all Sigma Rhoans, were simply bent on
v. De Guzman, G.R. No. 76742, August 7, 1990, 188 SCRA 407 convicting Scintilla Juris members for that matter, they
[Per J. Cruz, First Division]; People v. De Leon, 315 Phil. 584; 248 could have easily tagged each and every accused as a
SCRA 609 (1995) [Per J. Davide, Jr., First Division]; People v. participant in the atrocious and barbaric assault to make
sure no one would escape conviction. Instead, each
Delovino, 317 Phil. 741; 247 SCRA 637 (1995) [Per J. Davide, Jr.,
eyewitness named only one or two and some were candid
First Division]; Creamer v. Bivert, 214 MO 473, 474 (1908); M.
enough to say that they did not see who delivered the
Frances Mcnamara, 200 Famous Legal Quotations, p. 548 (1967).
blows against them.
[120] G.R. No. 87165, January 25, 1993, 217 SCRA 483 [Per J. Thus, the prosecution witnesses, Ernest Paulo Tan, Dennis
Cruz, First Division]. Gaio and Darwin Asuncion, testified to have seen it all but they
[121] Id., at p. 484. could not, and did not, disclose any name. Lachica, on the other
174 hand, said that he did not have the opportunity to see and
identify the person who hit him in the back and inflicted a two while the other may not observe or remember. In fact,
inch cut. His forearm was also hit by a lead pipe but he did not jurisprudence even warns against a perfect dovetailing of
see who did it. Natalicio, one of the other three who were narration by different witnesses as it could mean that their
hospitalized, was testimonies were prefabricated and rehearsed.
175 [125] (Emphasis supplied)
VOL. 724, MAY 5, 2014 175 _______________
People vs. Feliciano, Jr. [122] RTC Decision, p. 49.
severely beaten by three waves of attackers totalling more than [123] Id., at p. 57.
15 but he could only name 3 of them. He added, however, that he [124] G.R. No. 175980, February 15, 2012, 666 SCRA
would be able to recognize those he saw if he would see them 174 [Per J. Del Castillo, First Division].
again. Of them, Mangrobang pointed to at least 5 but he stressed [125] Id., at p. 191, citing People v. Lacbayan, 393 Phil. 800,
that he did not see Zingapan, Soliva, Guerrero, Del Rosario, 807; 339 SCRA 396, 401 (2000) [Per J. YnaresSantiago, First
Daraoay, Denoista, and Peñalosa during the onslaught. Gaston
Division].
could have named any of the accused as the one who repeatedly
176
hit him with a heavy pipe and stabbed him but he frankly said
176 SUPREME COURT REPORTS ANNOTATED
their faces were covered. Like Natalicio, Fortes was repeatedly
beaten by several groups but did not name any of the accused as People vs. Feliciano, Jr.
one of those who attacked him. The persons he identified were According to their testimonies, Lachica was able to identify
those leading the pack with one of them as the assailant of Alvir, Zingapan, and Medalla;[126] Natalicio was able to identify
Venturina, and the two others who he saw standing while he was Medalla, Zingapan, and Soliva;[127] and Fortes was able to
running away. He added that he saw some of the accused during identify Feliciano, Medalla, and Zingapan.[128] Their positive
the attack but did not know then their names.[122] (Emphasis identification was due to the fact that they either wore no masks
supplied) or that their masks fell off.
It would be in line with human experience that a victim or an
We agree. eyewitness of a crime would endeavor to find ways to identify the
The trial court correctly held that “considering the swiftness of assailant so that in the event that he or she survives, the criminal
the incident,”[123] there would be slight inconsistencies in their could be apprehended. It has also been previously held that:
statements. In People v. Adriano Cabrillas,[124] it was previously It is the most natural reaction for victims of criminal violence
observed that: to strive to see the looks and faces of their assailants and observe
the manner in which the crime was committed. Most often the
It is perfectly natural for different witnesses testifying face of the assailant and body movements thereof, creates a
on the occurrence of a crime to give varying details as lasting impression which cannot be easily erased from their
there may be some details which one witness may notice memory.[129]
In the commotion, it was more than likely that the masked A Yes, sir.[134]
assailants could have lost their masks. It had been testified by
the victims that some of the assailants were wearing masks of While the attack was swift and sudden, the victims would
either a piece of cloth or a handkerchief and that Alvir, have had the presence of mind to take a look at their assailants if
[130] Zingapan,[131] Soliva,[132] and Feliciano[133] had masks they were identifiable. Their positive identification, in the
on at first but their masks fell off and hung around their necks. absence of evidence to the contrary, must be upheld to be credible.
Equally telling was the testimony of defense witness Frisco It has been argued that the trial court did not give
_______________ Mangrobang’s testimony credence while Gaston’s testimony was
[126] TSN, June 5, 1995, pp. 1113. found to be “hazy.” This argument is unmeritorious.
[127] TSN, July 3, 1995, pp. 2122. It should be noted that it was the trial court itself that stated
[128] TSN, October 30, 1995, pp. 91, 112. that the acquittal of the Scintilla Juris members identified by
[129] People v. Opiniado Dolar, G.R. No. 100805, March 24, Mangrobang “should not be. misinterpreted to mean that the
1994, 231 SCRA 414, 423 [Per J. Puno, Second testimony of Mangrobang was an absolute fabrication.”[135] The
Division], citing People v. Sartagoda, G.R. No. 97525, April 7, court went on to state that they “were exonerated merely because
they were accorded the benefit of the doubt as their identification
1993, 221 SCRA 251, 257 [Per J. Campos, Jr., Second Division].
by Mangrobang, under tumultuous and chaotic circumstances
[130] TSN, June 21, 1995, p. 33.
[131] TSN, July 5, 1995, p. 24. were [sic] not corroborated and their alibis, not
refuted.”[136] There was, therefore, no basis to say
[132] Id., at pp. 4852.
_______________
[133] TSN, September 28, 1995, p. 24.
177 [134] TSN, December 4, 1995, p. 47; See also RTC Decision, p.
51.
VOL. 724, MAY 5, 2014 177
[135] RTC Decision, p. 64.
People vs. Feliciano, Jr.
[136] Id.
Capilo during crossexamination who observed that some of the
178
attackers were wearing masks and some were not, thus:
178 SUPREME COURT REPORTS ANNOTATED
Q Mr. Capilo, do you know this Scintilla Juris Fraternity?
A No, sir. People vs. Feliciano, Jr.
Q During the incident of December 8, 1994, there were a lot that Mangrobang was not credible; it was only that the evidence
of people eating in the Beach House Canteen, and then presented was not strong enough to overcome the presumption of
running towards different directions, is it not? innocence.
A Yes, sir. Gaston’s testimony, on the other hand, was considered
Q And some people were wearing masks and some were “hazy”[137] by the trial court only with regard to his
not? identification of Zingapan’s companion. Gaston testified that he
saw Zingapan with Morano, with Zingapan moving and Morano As a general rule, “[a] witness can testify only to the facts he
staying in place. Fortes, however, testified that both Zingapan knows of his personal knowledge; that is, which are derived from
and Morano were running after him. Lachica also testified that it his own perception, x x x.”[140] All other kinds of testimony are
was Medalla, not Morano, who was with Zingapan. Because of hearsay and are inadmissible as evidence. The Rules of Court,
this confusion, the trial court found that there was doubt as to however, provide several exceptions to the general rule, and one
who was really beside Zingapan. The uncertainty resulted into an of which is when the evidence is part of res gestae, thus:
acquittal for Morano. Despite this, the court still did not impute Section 42. Part of res gestae.—Statements made by a
doubt in their testimonies that Zingapan was present at the person while a starting occurrence is taking place or immediately
scene. prior or subsequent thereto with respect to the circumstances
Be that as it may, the acquittals made by the trial court
thereof, may be given in evidence as part of res gestae. So, also,
further prove that its decision was brought about only upon a
statements accompanying an equivocal act material to the issue,
thorough examination of the evidence presented. It accepted that
and giving it a legal significance, may be received as part of
there were inconsistencies in the testimonies of the victims but
the res gestae.[141]
that these were minor and did not affect their credibility. It ruled
that “[s]uch inconsistencies, and even probabilities, are not In People v. Rodrigo Salafranca,[142] this court has previously
unusual ‘for there is no person with perfect faculties or discussed the admissibility of testimony taken as part of res
senses.’”[138] gestae, stating that:
Evidence as part of the res gestae A declaration or an utterance is deemed as part of the res
may be admissible but have little gestae and thus admissible in evidence as an exception to the
persuasive value in this case hearsay rule when the following requisites concur, to wit: (a) the
According to the testimony of U.P. Police Officer Salvador, principal act, the res gestae, is a startling occurrence; (b) the
[139] when he arrived at the scene, he interviewed the bystanders statements are made before the declarant had time to contrive or
who all told him that they could not recognize the devise; and (c) the statements must concern the occurrence in
_______________ question and its immediately attending circumstances.
[137] Id., at p. 65.
[138] Id., at p. 58. x x x x
_______________
[139] TSN, November 20, 1995, p. 20.
[140] Rules of Civil Procedure, Rule 130, Sec. 36.
179
[141] Rules of Civil Procedure, Rule 130(C)(6), Sec. 42.
VOL. 724, MAY 5, 2014 179
[142] G.R. No. 173476, February 22, 2012, 666 SCRA 501
People vs. Feliciano, Jr.
[Per J. Bersamin, First Division].
attackers since they were all masked. This, it is argued, could be
180
evidence that could be given as part of the res gestae.
180 SUPREME COURT REPORTS ANNOTATED
People vs. Feliciano, Jr. 600 [Per J. Puno, Second Division]; Alhambra Bldg. & Loan Ass’n
v. DeCelle, 118 P. 2d 19, 47 C.A. 2d 409; Reilly Tar & Chemical
The term res gestae has been defined as “those circumstances
Corp. v. Lewis, 61 N.E. 2d 297, 326 Ill. App. 117; Kaiko v.
which are the undesigned incidents of a particular litigated act
and which are admissible when illustrative of such act.” In a Dolinger, 440 A. 2d 198, 184 Conn. 509; Southern Surety Co. v.
general way, res gestae refers to the circumstances, facts, and Weaver, Com. App., 273 S.W. 838; People v. Sanchez, G.R. No.
declarations that grow out of the main fact and serve to illustrate 74740, August 28, 1992, 213 SCRA 70, 79 [Per J. Davide, Jr.,
its character and are so spontaneous and contemporaneous with Third Division]; Molloy v. Chicago Rapid Transit Co., 166 N.E.
the main fact as to exclude the idea of deliberation and 530, 335 Ill. 164; Campbell v. Gladden, 118 A. 2d 133, 383 Pa.
fabrication. The rule on res gestae encompasses the exclamations 144, 53 A.L.R. 2d 1222.
and statements made by either the participants, victims, or 181
spectators to a crime immediately before, during, or immediately VOL. 724, MAY 5, 2014 181
after the commission of the crime when the circumstances are People vs. Feliciano, Jr.
such that the statements were made as a spontaneous reaction or rence. Considering that the statements of the bystanders were
utterance inspired by the excitement of the occasion and there made immediately after the startling occurrence, they are, in fact,
was no opportunity for the declarant to deliberate and to fabricate admissible as evidence given in res gestae.
a false statement. The test of admissibility of evidence as a part of In People v. Albarido,[144] however, this court has stated that
the res gestae is, therefore, whether the act, declaration, or “in accord to ordinary human experience”:
exclamation is so intimately interwoven or connected with the x x x persons who witness an event perceive the same from
principal fact or event that it characterizes as to be regarded as a their respective points of reference. Therefore, almost always,
part of the transaction itself, and also whether it clearly negatives they have different accounts of how it happened. Certainly,
any premeditation or purpose to manufacture testimony.[143] we cannot expect the testimony of witnesses to a crime to be
consistent in all aspects because different persons have different
There is no doubt that a sudden attack on a group peacefully impressions and recollections of the same incident.
eating lunch on a school campus is a startling occur x x x[145] (Emphasis supplied)
_______________
The statements made by the bystanders, although admissible,
[143] People v. Rodrigo Salafranca, G.R. No. 173476, February
have little persuasive value since the bystanders could have seen
22, 2012, 666 SCRA 501, 512514 [Per J. Bersamin, First
the events transpiring at different vantage points and at different
Division], citingPeople v. Peralta, G.R. No. 94570, September 28, points in time. Even Frisco Capilo, one of the bystanders at the
1994, 237 SCRA 218, 224 [Per J. Cruz, First Division]; People v. time of the attack, testified that the attackers had their masks on
Maguikay, G.R. Nos. 10322628, October 14, 1994, 237 SCRA 587,
at first, but later on, some remained masked and some were effect that when she asked Natalicio who attacked them,
unmasked. Natalicio answered that he did not know because they were
When the bystanders’ testimonies are weighed against those masked.
of the victims who witnessed the entirety of the incident from It must be remembered that the parties involved in this case
beginning to end at close range, the former become merely belong to rival fraternities. While this court does not condone
corroborative of the fact that an attack occurred. Their account of their archaic and oftentimes barbaric traditions, it is conceded
the incident, therefore, must be given considerably less weight that there are certain practices that are unique to fraternal
than that of the victims. organizations.
_______________ It is quite possible that at this point in time, they knew the
[144] 420 Phil. 235; 368 SCRA 194 (2001) [Per J. Sandoval identities of their attackers but chose not to disclose it without
Gutierrez, Third Division]. first conferring with their other fraternity brothers. This
[145] Id., at p. 245; pp. 202203, citing People v. Real, 367 Phil. probability is bolstered by the actions of Sigma Rho after the
524; 308 SCRA 244 (1999) [Per J. Pardo, First Division]. This incident, which showed that they confronted the members
statement was used in order to justify that minor inconsistencies of Scintilla Juris in SM North. Because of the tenuous
do not affect the witnesses’ credibility so long as they concur on relationship of rival fraternities, it would not have been prudent
the material aspects of the incident. for Sigma Rho to retaliate against the wrong fraternity.
182 Their act of not disclosing the correct information to the U.P.
182 SUPREME COURT REPORTS ANNOTATED Police or to Dr. Mislang does not make the police officer or the
People vs. Feliciano, Jr. doctor’s testimonies more credible than that of the
The belated identification by the _______________
victims do not detract from their [146] TSN, November 13, 1995, pp. 3738.
[147] TSN, September 16, 1998, p. 20.
positive identification of the ap
183
pellants
VOL. 724, MAY 5, 2014 183
It is argued that the fact that the victims stayed silent about
the incident to the U.P. Police or the Quezon City Police but People vs. Feliciano, Jr.
instead executed affidavits with the National Bureau of victims. It should not be forgotten that the victims actually
Investigation four (4) days after the incident gives doubt as to the witnessed the entire incident, while Officer Salvador, Officer
credibility of their testimonies. Cabrera, and Dr. Mislang were merely relaying secondhand
U.P. Police Officer Romeo Cabrera[146] testified that on their information.
way to the U.P. Infirmary, he interviewed the victims who all told The fact that they went to the National Bureau of
him they could not recognize the attackers because they were all Investigation four (4) days after the incident also does not affect
wearing masks. Meanwhile, Dr. Mislang[147] testified to the their credibility since most of them had been hospitalized from
their injuries and needed to recover first. Since a fraternity moves It can be seen that the U.P. Police is employed by U.P.
as one unit, it would be understandable that they decided to wait primarily for campus security. They are by no means an actual
until all of them were well enough to go to the National Bureau of police force that is equipped to handle a fullblown murder
Investigation headquarters in order to give their statements. investigation. Fraternityrelated violence in U.P. has also
Seniority is also often the norm in fraternities. It was upon the increasingly become more frequent, which might possibly have
advice of their senior “brods” and their legal counsel that they desensitized the U.P. Police in such a way that would prevent
executed their sworn statements before the National Bureau of their objectivity in the conduct of their investigations. The
Investigation four (4) days after the incident. victims’ reliance on the National Bureau of Investigation,
The decision to report the incident to the National Bureau of therefore, is understandable.
Investigation instead of to the U.P. Police was the call of their
III
legal counsel who might have deemed the National Bureau of
Alibi cannot prevail over the posi
Investigation more equipped to handle the investigation. This
tive identification of the victim
does not, however, affect the credibility of the witnesses since
they were merely following the legal advice of their counsel. It is settled that the defense of alibi cannot prevail over the
Indeed, there is reason to believe that the National Bureau of positive identification of the victim.[149] In People v. Benjamin
Investigation is better equipped than the U.P. Police to handle Peteluna,[150] this court is stated that:
the investigation of the case. As stated in the U.P. College of It is a timehonored principle that the positive identification of
Economics website: the appellant by a witness destroys the defense of alibi and
The UP Diliman Police (UPDP) is tasked with maintaining denial. Thus:
campus security. Their station is located in front of the College
of Architecture. x x x. It is wellentrenched that alibiand
The primary missions of the UPDP are to maintain peace and
denial are inherently weak and have always
order, secure and protect lives and property, enforce basic laws,
been viewed with disfavor by the courts due
applicable Quezon City Ordinances, and University Rules and
to the facility with which they can be
Regulations including policies and standards; and to perform such
concocted. They warrant the least credibility
other functions relative
_______________
184
[148] UP Diliman Police, <http://www.econ.upd.edu.ph/up
184 SUPREME COURT REPORTS ANNOTATED
diliman
People vs. Feliciano, Jr. police/> (visited March 4, 2014).
to the general safety and security of the students, employees, and
[149] People v. Benjamin Peteluna, G.R. No. 187048, January
residents in the U.P. Diliman Campus. x x x.[148] (Emphasis
23, 2013, 689 SCRA 190, 197 [Per J. Perez, Second Division].
supplied)
[150] G.R. No. 187048, January 23, 2013, 689 SCRA 190 Accusedappellants were correctly
[Per J. Perez, Second Division]. charged with murder, and there
185 was treachery in the commission
VOL. 724, MAY 5, 2014 185 of the crime
People vs. Feliciano, Jr. _______________
[151] Id., at p. 197, citing People v. Barde, G.R. No. 183094,
or none at all and cannot prevail over the September 22, 2010, 631 SCRA 187, 211 [Per J. Perez, First
positive identification of the appellant by the Division]; People v. Estepano, 367 Phil. 209, 217218; 307 SCRA
prosecution witnesses. For alibi to prosper, it 701, 708709 (1999) [Per J. Bellosillo, Second Division]; People v.
is not enough to prove that appellant was Berdin, 462 Phil. 290, 304; 416 SCRA 582, 593 (2003) [Per J.
somewhere else when the crime was
SandovalGutierrez, En Banc]; People v. Francisco, 397 Phil. 973,
committed; he must also demonstrate that it
was physically impossible for him to have 985; 344 SCRA 110, 120121 (2000) [Per CJ. Davide, Jr., En
been at the scene of the crime at the time of Banc].
its commission. Unless substantiated by 186
clear and convincing proof, such defense is 186 SUPREME COURT REPORTS ANNOTATED
negative, selfserving, and undeserving of People vs. Feliciano, Jr.
any weight in law. Denial, like alibi, as an According to the provisions of Article 248 of the Revised Penal
exonerating justification[,] is inherently Code, the accusedappellants were correctly charged with murder.
weak and if uncorroborated regresses to Article 248 states:
blatant impotence. Like alibi, it also ART. 248. Murder.—Any person who, not falling within the
constitutes selfserving negative evidence provisions of Article 246, shall kill another, shall be guilty of
which cannot be accorded greater evidentiary murder and shall be punished by reclusion perpetua, to death if
weight than the declaration of credible committed with any of the following attendant circumstances:
witnesses who testify on affirmative matters. 1. With treachery, taking advantage of superior strength,
[151] with the aid of armed men, or employing means to
In this case, the victims were able to positively identify their weaken the defense, or of means or persons to insure or
attackers while the accusedappellants merely offered alibis and afford impunity;
denials as their defense. The credibility of the victims was upheld x x x x
by both the trial court and the appellate court while giving little
credence to the accusedappellants’ alibis. There is, thus, no It is undisputed that on December 8, 1994, a group of men
reason to disturb their findings. armed with lead pipes and baseball bats attacked Dennis
Venturina and his companions, which resulted in Venturina’s the hapless, unarmed, and unsuspecting victim no chance
death. to resist or escape. For treachery to be considered, two
As correctly found by the trial court and the appellate court, elements must concur: (1) the employment of means of execution
the offense committed against Dennis Venturina was committed that gives the persons attacked no opportunity to defend
by a group that took advantage of its superior strength and with themselves or retaliate; and (2) the means of execution were
the aid of armed men. The appellate court, however, incorrectly deliberately or consciously adopted.[154](Emphasis supplied)
ruled out the presence of treachery in the commission of the
offense. The appellate court, in affirming the conviction of the accused
It has been stated previously by this court that: appellants, ruled that contrary to the findings of the trial court,
there was no treachery involved. In particular, they ruled that
[T]reachery is present when the offender commits any of the although the attack was sudden and unexpected, “[i]t was done in
crimes against persons, employing means, methods, or forms in broad daylight with a lot of people who could see them”[155] and
the execution, which tend directly and specially to insure its that “there was a possibility for
execution, without risk to the offender arising from the defense _______________
which the offended party might make.[152] Laurio, G.R. No. 182523, September 13, 2012, 680 SCRA 560,
_______________
571572 [Per J. LeonardoDe Castro, First Division].
[152]People v. Gary Vergara, G.R. No. 177763, July 3, 2013, [153] G.R. No. 188353, February 16, 2010, 612 SCRA 738
700 SCRA 412, 423 [Per J. De Castro, First [Per J. Velasco, Third Division].
Division], citing People v. [154] People v. Leozar Dela Cruz, G.R. No. 188353, February
187
16, 2010, 612 SCRA 738, 747 [Per J. Velasco, Third
VOL. 724, MAY 5, 2014 187
Division], citing People v. Amazan, 402 Phil. 247, 270; 349 SCRA
People vs. Feliciano, Jr.
218, 233 (2001) [Per J. Mendoza, Second Division]; People v.
Similarly, in People v. Leozar Dela Cruz,[153] this court stated Bato, 401 Phil. 415, 431; 348 SCRA 253, 260 (2000) [Per J. Pardo,
that: First Division]; People v. Albarido, 420 Phil. 235, 252; 368 SCRA
194, 208 (2001) [Per J. SandovalGutierrez, Third
There is treachery when the offender commits any of the Division], citing People v. Francisco, 389 Phil. 243, 266; 333 SCRA
crimes against persons, employing means, methods, or forms in
725, 746 (2000) [Per J. Kapunan, First Division].
the execution, which tend directly and specially to insure its
[155] CA Decision, p. 59.
execution, without risk to the offender arising from the defense
188
which the offended party might make. The essence of
188 SUPREME COURT REPORTS ANNOTATED
treachery is that the attack comes without a warning and
in a swift, deliberate, and unexpected manner, affording People vs. Feliciano, Jr.
the victims to have fought back or that the people in the canteen 189
could have helped the victims.”[156] VOL. 724, MAY 5, 2014 189
This reasoning is clearly erroneous. The victims in this case People vs. Feliciano, Jr.
were eating lunch on campus. They were not at a place where pursuing them and from inflicting harm to them, which shows
they would be reasonably expected to be on guard for any sudden that they did not have the intent to do more than to make them
attack by rival fraternity men. suffer pain by slightly injuring them.”[158] It also pointed out
The victims, who were unarmed, were also attacked with lead that the wound inflicted on Gaston “was too shallow to have been
pipes and baseball bats. The only way they could parry the blows done with an intent to kill.”[159]Thus, it concluded that the
was with their arms. In a situation where they were unarmed and accusedappellants would have been guilty only of slight physical
outnumbered, it would be impossible for them to fight back injuries.
against the attackers. The attack also happened in less than a This is erroneous.
minute, which would preclude any possibility of the bystanders It should be remembered that the trial court found that there
being able to help them until after the incident. was conspiracy among the accusedappellants[160]and the
The swiftness and the suddenness of the attack gave no appellate court sustained this finding.[161]Conspiracy, once
opportunity for the victims to retaliate or even to defend proven, has the effect of attaching liability to all ofthe accused,
themselves. Treachery, therefore, was present in this case. regardless of their degree of participation, thus:
The presence of conspiracy makes Once an express or implied conspiracy is proved, all of
all of the accusedappellants liable the conspirators are liable as coprincipals regardless of
for murder and attempted murder the extent and character of their respective active
In the decision of the trial court, all of the accusedappellants participation in the commission of the crime or crimes
were found guilty of the murder of Dennis Venturina and the perpetrated in furtherance of the conspiracy because in
attempted murder of Mervin Natalicio, Cesar Mangrobang, Jr.,
contemplation of law the act of one is the act of all. The
Leandro Lachica, Arnel Fortes, and Cristobal Gaston, Jr. The
foregoing rule is anchored on the sound principle that “when two
appellate court, however, modified their liabilities and found that
or more persons unite to accomplish a criminal object, whether
the accusedappellants were guilty of attempted murder only
through the physical volition of one, or all, proceeding severally or
against Natalicio and Fortes, and not against Mangrobang,
collectively, each individual whose evil will actively contributes to
Lachica, and Gaston.
the wrongdoing is in law responsible for the whole, the same as
It is the appellate court’s reasoning that because Lachica and
though performed by himself alone.” Although it is axiomatic that
Mangrobang “were no longer chased by the attackers,”[157] it
no one is liable for acts other than his own, “when two or more
concluded that accusedappellants “voluntary desisted from
persons agree or conspire to commit a crime, each is responsible
_______________
for all the acts of the others, done in furtherance of the agreement
[156] Id. or conspiracy.” The
[157] CA Decision, p. 61.
_______________ The liabilities of the accusedappellants in this case arose from
[158] Id. a single incident wherein the accusedappellants were armed with
[159] Id. baseball bats and lead pipes, all in agreement to do the highest
amount of damage possible to the victims. Some were able to run
[160] See RTC Decision, pp. 7879.
away and take cover, but the others would fall prey at the hands
[161] See CA Decision, pp. 2223. of their attackers. The intent to kill was already present at the
190 moment of attack and that intent was shared by all of the
190 SUPREME COURT REPORTS ANNOTATED accusedappellants alike when
People vs. Feliciano, Jr. _______________
imposition of collective liability upon the conspirators is [162] People v. Peralta, et al., 134 Phil. 703; 25 SCRA 759
clearly explained in one case where this Court held that (1968) [Per Curiam, En Banc], citing U.S. v. Ramos, 2 Phil. 434
(1903) [Per J. Willard, En Banc]; U.S. v. Maza, 5 Phil. 346 (1905)
... it is impossible to graduate the
[Per J. Johnson, En Banc]; U.S. v. Grant and Kennedy, 18 Phil.
separate liability of each (conspirator)
without taking into consideration the close 122 (1910) [Per J. Trent, En Banc]; U.S. v. Ipil, 27 Phil. 530
and inseparable relation of each of them with (1914) [Per J. Johnson, En Banc]; U.S. v. Synder, 3 McCrary,
the criminal act, for the commission of which 377; People v. Bannaisan, 49 Phil. 423 (1926) [Per J. Villa
they all acted by common agreement ... The Real, En Banc]; U.S. v. Bundal, et al., 3 Phil. 89 (1903) [Per J.
crime must therefore in view of the solidarity
Torres, En Banc].
of the act and intent which existed between
191
the ... accused, be regarded as the act of the
VOL. 724, MAY 5, 2014 191
band or party created by them, and they are
all equally responsible. People vs. Feliciano, Jr.
Verily, the moment it is established that the the presence of conspiracy was proven. It is, therefore, immaterial
malefactors conspired and confederated in the to distinguish between the seriousness of the injuries suffered by
the victims to determine the respective liabilities of their
commission of the felony proved, collective liability of the
attackers. What is relevant is only as to whether the death occurs
accused conspirators attaches by reason of the conspiracy,
as a result of that intent to kill and whether there are qualifying,
and the court shall not speculate nor even investigate as
aggravating or mitigating circumstances that can be appreciated.
to the actual degree of participation of each of the The appellate court, therefore, erred in finding the accused
perpetrators present at the scene of the crime. x x x. appellants guilty only of slight physical injuries. It would be
[162] (Emphasis supplied) illogical to presume that despite the swiftness and suddenness of
the attack, the attackers intended to kill only Venturina,
Natalicio, and Fortes, and only intended to injure Lachica, is AFFIRMED insofar as the accusedappellants Danilo
Mangrobang, and Gaston. Since the intent to kill was evident Feliciano, Jr., Julius Victor Medalla, Christopher Soliva, Warren
from the moment the accusedappellants took their first swing, all L. Zingapan, and Robert Michael Beltran Alvir are
of them were liable for that intent to kill. found GUILTY beyond reasonable doubt of Murder in Criminal
For this reason, the accusedappellants should be liable for the Case No. Q9561133 with the MODIFICATION that they be
murder of Dennis Venturina and the attempted murder of Mervin found GUILTY beyond reasonable doubt of Attempted Murder in
Natalicio, Cesar Mangrobang, Jr., Leandro Lachica, Arnel Fortes, Criminal Case Nos. Q9561136, Q9561135, Q9561134, Q95
and Cristobal Gaston, Jr. 61138, and Q9561137.
A Final Note SO ORDERED.
It is not only the loss of one promising young life; rather, it is
Sereno** (CJ.) and Del Castillo,*** JJ., concur.
also the effect on the five other lives whose once bright futures
Peralta, J.,**** I join the dissent of J. Abad.
are now put in jeopardy because of one senseless act of bravado.
There is now more honor for them to accept their responsibility Abad, J., See Dissenting Opinion.
and serve the consequences of their actions. There is, however, _______________
nothing that they can do to bring back Dennis Venturina or fully ** Chief Justice Maria Lourdes P.A. Sereno was designated as
compensate for his senseless and painful loss. acting member of the Third Division, vice Associate Justice
This is not the first fraternityrelated case to come to this Presbitero J. Velasco, Jr., per Raffle dated February 1, 2012.
court; neither will it be the last. Perhaps this case and many *** Associate Justice Mariano C. Del Castillo was designated
cases like it can empower those who have a better view of as acting member of the Third Division, vice Associate Justice
masculinity: one which valorizes courage, sacrifice and honor in Jose Catral Mendoza who penned the lower court decision, per
more lifesaving pursuits.192 Raffle dated April 29, 2014.
192 SUPREME COURT REPORTS ANNOTATED **** Associate Justice Diosdado M. Peralta was designated as
Acting Chairperson of the Third Division, vice Associate Justice
People vs. Feliciano, Jr.
Presbitero J. Velasco, Jr. recused himself due to close relation to
“Giting at dangal” are words of the anthem of the University one of the parties.
of the Philippines. It colors the stories of many who choose to 193
expend their energy in order that our people will have better VOL. 724, MAY 5, 2014 193
lives. Fraternity rumbles are an anathema, an immature and
People vs. Feliciano, Jr.
useless expenditure of testosterone. It fosters a culture that
DISSENTING OPINION
retards manhood. It is devoid of“giting at dangal.”
ABAD, J.:
This kind of shameful violence must stop.
I strongly dissent from the majority Decision.
WHEREFORE, the decision of the Court of Appeals in C.A.
The incident in this case was an offshoot of a campus war
G.R. CR No. 01158 dated November 26, 2010
between members of two fraternities at the University of the
Philippines (UP) where one group, allegedly masked, surprised that attack, the mask of one of them, SJ Robert Michael Beltran
and beat up the other, resulting in injuries to some and death to Alvir, with whom he was familiar, fell off. SR Lachica got away
one. from those who were beating him but he looked back while
Alleging conspiracy, the City Prosecutor of Quezon City filed running and saw SJ Warren Zingapan and Julius Victor Medalla,
an information for murder, two informations for frustrated two of the attackers, no longer wearing masks. The attack lasted
murder, and three informations for attempted murder against 12 for about 30 to 45 seconds.[1]
accused, belonging to the Scintilla JurisFraternity, before the SR Mervin Natalicio, a 4th year law student and ViceGrand
Regional Trial Court (RTC) of Quezon City in Criminal Cases Archon of his fraternity, testified that while most of the attackers
Q9561133 to 38 with no bail recommended. Only 11 of the running towards their group wore masks, one of them, SJ
accused were tried, however, since accused Benedict Guerrero Medalla, wore none. Natalicio tried to scamper away but he
remained at large. tripped on a tree root and fell. About 10 attackers, including SJ
The Facts and Case Zingapan and Christopher Soliva who also wore no masks,
The evidence for the prosecution shows that seven Sigma bludgeoned him on the back, arms, left shoulder, hips, toes, and
right hand.[2]
Rho Fraternity members were taking lunch at the Beach House
After his initial attackers left SR Natalicio, a group of four or
Canteen inside the UP campus in Diliman, Quezon City, between
five others led by SJ Benedict Guerrero, took over and beat him
12:30 and 1:00 p.m. on December 8, 1994 when about 15 men,
up, too. A third group came and also mauled him on the left side
carrying baseball bats or lead pipes, with some wearing masks,
of his body. When Natalicio was so hurt he could no longer move,
swooped down upon them. SR Dennis Venturina shouted an
some people brought him to the UP Infirmary where they treated
alarm, “Brods! Brods!” His brods scampered away but the his injuries.[3]
attackers got to some of them. (To avoid confusion, SR or SJ is SR Natalicio later went to the National Bureau of
affixed before the names of those involved to distinguish members Investigation (NBI), gave his statement, and submitted himself to
of the Sigma Rho Fraternity from members of the Scintilla medicolegal examination. He said that Scintilla Juris members
Juris Fraternity.) attacked them as an offshoot of an August 1994 rumble despite a
signed truce.[4]
SR Leandro Lachica, his fraternity’s Grand Archon, testified SR Cesar Mangrobang testified that after SR Venturina
that the attackers all wore improvised masks of cloth or tshirts. sounded the alarm, he saw a group of men, some with cloth
Five of them went after SR Lachica, hitting him on the back and masks, approach with lead pipes and clubs. As he received a blow
forearms as he parried the blows. In the course of on his back, he tried to run but two masked men blocked his way
194 and repeatedly beat him up. When their masks fell
194 SUPREME COURT REPORTS ANNOTATED _______________
People vs. Feliciano, Jr. [1] TSN, June 5, 1995, pp. 1114.
[2] TSN, July 3, 1995, pp. 616.
[3] Id., at pp. 1719. none. SR Fortes managed to run away but, as he looked back, he
[4] Id., at pp. 2023. saw SJ Zingapan and Morano, who also wore no masks, running
195 after him. They hit him on the back,
_______________
VOL. 724, MAY 5, 2014 195
[5] TSN, September 28, 1995, pp. 1419.
People vs. Feliciano, Jr.
[6] Id., at pp. 2030.
off, the two turned out to be SJ Gilbert Magpantay and Carlo
Fajardo.[] [7] Id., at pp. 2834.
SR Mangrobang succeeded in running away until he reached [8] TSN, October 11, 1995, pp. 1738.
the corner of the Main Library. On glancing back, he saw no one [9] Id., at pp. 4446.
after him. He then decided to return to the scene of the 196
commotion where he saw from three to four meters away SJ 196 SUPREME COURT REPORTS ANNOTATED
Danilo Feliciano, Jr. and Raymund Narag hitting SR Venturina People vs. Feliciano, Jr.
with lead pipes. SJ Feliciano’s cloth mask had fallen off. SR causing him to fall. He stood up and tried to run again but a
Mangrobang also saw SJ Reynaldo Ablanida wielding a lead pipe group of 10 men attacked him for five to eight seconds, hitting his
while running.[6] head five to seven times. They also hit him on the legs. He did not
SJ Narag and Feliciano were about to turn on SR Mangrobang recognize any of his attackers. But, standing up again after the
when somebody shouted, “Pulis! Takbo! Takbo!” prompting the second attack, SR Fortes saw SJ Feliciano beating up SR
two to run in the direction of the Main Library. SR Mangrobang Venturina. SJ Feliciano’s mask fell off in the process.[10]
and others helped carry SR Venturina into a passenger jeepney to Dr. Rolando Victoria described the injuries that SR Venturina
bring him to the Infirmary.[7] suffered.[11] Dr. Aurea Villena, on the other hand, testified on the
SR Cristobal Gaston, Jr. testified that, of the men who came, results of her medical examinations of SR Natalicio, Fortes,
two attacked him: the first with a lead pipe, hitting him on the Mangrobang, Lachica, and Gaston four days after the mauling
arms and hands as he tried to cover his head, while the second incident.[12]
stabbed him on the left chest and forearm. The two wore masks. Emmanuel Batungbakal testified that he saw a group of men
SR Gaston got away and ran towards Palma Hall but, as he board three cars that had no plate numbers. The cars sped past
looked back, he saw SJ Zingapan, Feliciano and George Morano the back of the law library. SJ Feliciano was one of those on
at the scene.[8] SR Gaston went to confer with his fraternity board. Batungbakal did not, however, witness the reported
brothers at the College of Law building. Later that evening, they incident that followed.[13]
met with their alumni brothers.[9] Ernesto Paolo Tan testified that he was at the Beach House
SR Arnel Fortes testified that some of the men who attacked Canteen during the incident. He saw three separate groups of
them wore masks but some did not. He saw SJ Feliciano, whom men, some of whom wore masks, attack SR Natalicio. After the
he recognized despite a cloth mask, and SJ Medalla who wore attackers left, he helped Natalicio board a service vehicle.[14]
Dennis Gaio testified that he was having lunch outside the where SR Venturina was attacked but he could not identify any of
canteen when three of the attackers came from the Arts and the attackers because they were all wearing masks and none of
Science Building followed by 10 more from the College of Law. these fell off during the attack.[18]
Some wore masks but the others did not. They attacked the group Alpha Sigma Nu Sorority members, Eda Pangilinan, Luz
that was having lunch, including SR Venturina. He tried to help Perez, and Bathalani Tiamson testified that they were unable to
the latter after he had fallen but one of the attackers stopped identify the attackers because they all wore masks. Pangilinan
him. Gaio had two women companions but he and Tiamson insisted that they did not see any of the attackers’
_______________ masks fall off.[19]
[10] TSN, October 16, 1995, pp. 4263. UP police officer Romeo Cabrera testified that he and fellow
[11] TSN, July 24, 1995, pp. 1124. officer, Oscar Salvador, were at the Arts and Science Building
[12] TSN, July 31, 1995, pp. 910. when they responded to reports that a rumble was taking place at
[13] TSN, November 6, 1995, pp. 3339, 6162. the back of the Main Library. On arrival at
[14] TSN, September 3, 1996, pp. 1617, 2454. _______________
197 [15] TSN, April 3, 1997, pp. 1022.
VOL. 724, MAY 5, 2014 197 [16] TSN, November 27, 1995, pp. 1012.
People vs. Feliciano, Jr. [17] TSN, December 4, 1995, p. 13.
told them to run towards the sunken garden when he sensed the [18] TSN, September 17, 1997, pp. 716.
arrival of the masked men.[15] [19] RTC Decision, p. 37.
The defense presented 42 witnesses. To prove its claim that 198
the identities of the attackers were unrecognizable because of 198 SUPREME COURT REPORTS ANNOTATED
their masks, the defense presented, among others, Benito Lato People vs. Feliciano, Jr.
and Frisco Capilo, both utility workers at UP and some student the Beach House Canteen, they saw the wounded SR Natalicio
customers at the canteen. Lato recalled that he was collecting with some companions. They put him on board a jeepney and
plates at the canteen when the attackers came. But he was brought him to the UP Infirmary with his companions. On the
unable to recognize them because they wore masks and he could way, Cabrera asked SR Natalicio who attacked his group. He
see only their eyes.[16] Capilo, on the other hand, testified that he replied that he did not recognize any of them because they wore
was on his way to the Main Library to work when several men, all masks. Cabrera asked SR Natalicio the same question after he
wearing masks and carrying lead pipes, rushed towards the had received treatment. SR Natalicio gave the same answer.
canteen and attacked some who were eating there.[17] Cabrera could not interrogate SR Venturina because the latter
Daniel Mabazza testified that he was on his way out of the suffered serious injuries.[20]
canteen when 15 men arrived from the South wing of the Main UP police officer Salvador testified that when he and Cabrera
Library and attacked some customers who were eating at the responded to reports of commotion, they noticed a mauling victim,
tables. He testified further that he was about 3 to 5 meters from SR Natalicio, surrounded by some people. Salvador asked some of
the bystanders who the culprits were. They said they did not suffered from an August 1994 head injury that affected his
recognize them since they were wearing mass.[21] balance.[26] Jose Victor Santos testified that he and Medalla
The police officers brought SR Natalicio and his three played darts after lunch on December 8 and they later went to
companions to the Infirmary using the canteen’s jeepney. On the Jollibee since Medalla had to treat him after losing the game.
way, Cabrera asked SR Natalicio and the others with him who [27] Dr. Gerardo Legaspi corroborated Medalla’s testimony
attacked them. They replied that they could not tell since the men regarding his previous head injuries.[28]
wore masks. Salvador saw SR Venturina and Gaston being SJ Soliva testified that he was having lunch with his
treated at the Infirmary. After SR Natalicio was treated, Cabrera girlfriend and her lady friend at Jollibee Philcoa when the
asked him again if he recognized the men who hit him. Natalicio incident took place. They returned to UP at around 1:00 p.m.
replied that he did not because they wore masks. When asked Soliva went straight to his “tambayan” where he learned of the
how many hit him, Natalicio said that he could not tell because he rumble at the main library.[29] Anna Cabahug, Soliva’s
had his back on them.[22] girlfriend, corroborated his testimony.[30]
SJ Feliciano testified that he was in Pampanga on December SJ Zingapan testified that he could not have taken part in the
8, 1994, visiting his grandfather whom he thought had undergone incident at UP since he was at that time having lunch with
surgery of the prostate gland.[23]His mother, Feliciana, and an Teodoro Canay in Kamuning, Quezon City. From there, he went
elementary school teacher, Rogelio Yumul, corroborated his to the SM City mall at around 1:00 p.m. to buy an electric
testimony. Yumul testified that he was on his thermos as a wedding gift for a town mate. He was on his way out
_______________ of the mall when he chanced upon two of his “brods.”[31]
[20] TSN, November 13, 1995, pp. 2253. _______________
[21] TSN, November 20, 1995, pp. 1522. [24] TSN, November 12, 1997, pp. 710.
[22] Id., at pp. 2240. [25] TSN, February 2, 2000, pp. 916.
[23] TSN, February 17, 1999, pp. 89. [26] TSN, September 22, 1999, pp. 421.
199 [27] TSN, August 11, 1999, pp. 712.
VOL. 724, MAY 5, 2014 199 [28] TSN, September 15, 1999, pp. 1025.
People vs. Feliciano, Jr. [29] TSN, June 16, 1999, pp. 1221.
way to the principal’s office at around noon of December 8 when [30] TSN, November 23, 1998, pp. 527.
he saw Feliciano seated at a waiting shed.[24] [31] TSN, May 12, 1999, pp. 718.
SJ Alvir testified that he had been ill since December 5. 200
Consequently, he neither reported for work nor went to UP on 200 SUPREME COURT REPORTS ANNOTATED
December 8.[25] People vs. Feliciano, Jr.
SJ Medalla testified that on the day in question he was with
his classmate Michael Vibas working on a school project. He
claimed that he could not have taken part in the rumble since he
The RTC absolved SJ Rodolfo Peñalosa on a demurrer to with a party, a counsel, or a fraternity involved in the case. See:
evidence since none of the prosecution witnesses testified that he Court of Appeals Decision, pp. 2627.
had taken part in the attack. 201
On February 28, 2002 the RTC rendered judgment[32]finding VOL. 724, MAY 5, 2014 201
SJ Alvir, Feliciano, Soliva, Medalla, and Zingapan guilty beyond
People vs. Feliciano, Jr.
reasonable doubt of one count of murder and four counts of
over the latter’s defenses and alibis. It regarded the
attempted murder. The comi gave credence to the testimonies of
inconsistencies in the testimonies of the witnesses as trivial and
the victims who identified their attackers. It thought little of the
did not tarnish their credibility. The CA held that the delay in the
failure of some of the victims to name them when asked by the
identification of the accused had been explained: SR Natalicio and
UP police officers and the physicians at the Infirmary. It did not
Fortes needed medical attention; the others with them wanted to
agree that the victims’ delayed identification of their attackers
come together when they filed their complaints.
tainted their testimonies. The RTC held that the accused
The CA explained that it characterized the crimes charged in
conspired in the commission of the crimes charged. But it
Criminal Cases Q9561136, Q9561135, and Q9561134 as mere
acquitted SJ Ablanida, Fajardo, Magpantay, Morano, and Narag
slight physical injuries since the intent to kill was not evident,
for failure of the prosecution to prove their guilt beyond
given that none of the accused chased them. SR Gaston, said the
reasonable doubt.
CA, suffered only a lacerated wound near his breast, precluding
On appeal, the Court of Appeals (CA), Special First Division of
an attempt on his life.
Five,[33] with one Justice dissenting, affirmed the RTC Decision
and found SJ Alvir, Feliciano, Soliva, Medalla, and Zingapan The Issue Presented
guilty of three counts of slight physical injuries in Criminal Cases The central issue in this case is whether or not the CA erred,
Q9561136, Q9561135, and Q9561134; two counts of attempted like the RTC, in not rejecting the victims’ identification of their
murder in Criminal Cases Q9561138 and Q9561137; and one assailants as mere fabrications to go around the fact that the
count of murder in Criminal Case Q9561133. The CA imposed on latter wore masks and in thus not absolving the accused of the
the accused the penalties that corresponded to the offenses and charges.
ordered them to pay various civil indemnities to the victims or, in In every criminal action, the prosecution has to establish the
the case of SR Venturina, to his heirs. identity of the offender, like the crime itself, by proof beyond
The CA ruled that the witnesses’ positive identification of SJ reasonable doubt. Indeed, its first duty is to prove the identity of
Alvir, Feliciano, Soliva, Medalla, and Zingapan prevailed the offender for, even if the commission of the offense can be
_______________ established, no conviction can take place without proof of his
[32] Penned by Hon. Jose Catral Mendoza, now a member of identity beyond reasonable doubt.[34]
the Court. True, alibi is a weak defense in the face of positive testimonies
[33] The cases were reraffled many times after several Court of prosecution witnesses that the accused committed
of Appeals justices inhibited themselves, claiming close relation _______________
[34] People v. Pineda, 473 Phil. 517, 548; 429 SCRA 478, 504 SR Lachica also testified that as he ran away from his
(2004); People v. Esmale, 313 Phil. 471, 492; 243 SCRA 578, 592 assailants, he looked back running and was able to place the
accused SJ Zingapan and Medalla at the scene.[38] But, consid
(1995), citing Tuason v. Court of Appeals, 311 Phil. 813, 817; 241
_______________
SCRA 695, 697 (1995).
202 [35] People v. Mansueto, 391 Phil. 611, 633; 336 SCRA 715,
202 SUPREME COURT REPORTS ANNOTATED 724 (2000); People v. Crispin, 383 Phil. 919, 932; 327 SCRA 167,
179 (2000).
People vs. Feliciano, Jr.
[36] TSN, June 5, 1995, p. 11.
the crime. But such testimonies must be credible and must come
from credible witnesses.[35] [37] Id., at p. 29.
Several circumstances militate against the mauling victims’ [38] Id., at p. 13.
testimonies that they were able to identify their attackers: 203
1. SR Lachica, one of the victims, himself testified that the VOL. 724, MAY 5, 2014 203
men he saw coming to attack his group, at least 10 in number, all People vs. Feliciano, Jr.
wore masks. He said: ering that SR Lachica was trying to get away from the men who
Q: When one of your brod you heard shouted “Brods,” what did were beating him up, it was not likely, having succeeded in
you do? sprinting away, that he would look back and risk slowing down
A: I stood up and I was alarmed. I stood up and looked back and his escape. He did not even claim that SJ Zingapan and Medalla
from my side, I saw at least ten (10) armed men and masked were among those who attacked him. He appears to have just
men. made up the statement to get on record evidence that the two
Q: You said armed men, you saw armed men when you looked were part of the attackers.
back. With what were they armed with? 2. SR Natalicio testified that the men who attacked them
A: They were armed with lead pipes and baseball bats. mostly wore masks but SJ Medalla who led those men wore no
Q: You also mentioned that these men were wearing masks. mask.[201] This is not easy to believe since SR Lachica, the other
What kind of masks? prosecution witness, testified that the attackers all wore masks
A: They were wearing handkerchiefs, piece of clothes, and some but when he looked back while getting away, he saw SJ Medalla
tshirts.[36] already without a mask, implying that the latter lost it, thus
belying SR Natalicio’s testimony that SJ Medalla wore no mask
SR Lachica also said that, as five of the attackers beat him up from the start.
on the back, he covered his head with his forearms. SR Natalicio testified that while parrying his attackers’ blows,
[37] Consequently, it was not likely that, as he would claim, he he saw SJ Zingapan and Soliva.[202] These two must be near
saw SJ Alvir’s mask fall off his face. each other since he saw them at glance. But, contradicting SR
Natalicio, SR Gaston also saw SJ Zingapan, not with Soliva but when he moved, the latter stood in the same place. Later, he said
with Morano.[203] that both were there at the same time. Granting arguendo that
3. The RTC itself gave no credence to SR Mangrobang’s Morano was moving, his story does not entirely jibe with that of
testimony and for this reason acquitted SJ Magpantay and Fortes.[42]
Fajardo, two of his attackers whose masks supposedly fell off. The
trial court also acquitted SJ Narag, whom SR Mangrobang said 5. SR Fortes was the fourth witness to foist the same look
he saw, when he returned to the scene of the commotion, hitting back proposition. He ran away after seeing about 15 men, armed
SR Venturina with the aid of SJ Feliciano. It is quite unbelievable with lead pipes and clubs, coming to attack his group. But he
that having narrowly escaped his attackers, SR Mangrobang looked back while on the run to see SJ Zingapan and Morano,
would go back while the mauling was still in progress. Finally, who supposedly had no masks, right behind him. They hit him on
the trial court acquitted SJ Ablanida whom SR Mangrobang said the back, causing him to fall. As he stood up and tried to run
he saw wielding a lead pipe while running because it simply could again, a group of 10 men attacked him for five to eight seconds.
not believe this witness. He recognized none of them. But, standing up again after the
_______________ second attack, he supposedly saw SJ Feliciano whose mask fell off
[39] TSN, July 3, 1995, p. 9. while beating up SR Venturina.
[40] Id., at pp. 1416. Just what are the chances that four out of five witnesses who
[41] TSN, October 11, 1995, p. 143. were fleeing and, indeed, running for their lives would just look
back, risk stumbling and crashing down, to put in evidence the
204 identities of some of those whom the RTC and the CA convicted?
204 SUPREME COURT REPORTS ANNOTATED Very little. It appears a convenient excuse
People vs. Feliciano, Jr. _______________
4. After SR Lachica and Natalicio, the third witness to use [42] RTC Decision, p. 65.
the lookback proposition was SR Gaston. He testified that one of 205
two masked men tried to bludgeon him on the head as the other VOL. 724, MAY 5, 2014 205
lunged at him with a knife, wounding his chest and forearm. As People vs. Feliciano, Jr.
SR Gaston ran and escaped from those two men, he managed to for providing evidence where none existed. The circumstances of
look back just to place SJ Zingapan and Morano at the scene of the separate identifications, taking place in split seconds, defy
the mauling. belief. What baffles me is the fact that the trial court acquitted
The trial court itself found something terribly wrong with SR SJ Morano whom SR Fortes and Gaston identified while looking
Gaston’s testimonies. It said: back on the run but convicted SJ Zingapan, Soliva, and Medalla
In this regard, Gaston related a hazy story. At one point, he who were also targets of lookback testimonies.
said that he saw Zingapan and Morano at the same place but not
at the same time explaining that the former was there first and
The trial court had reason to further doubt SR Fortes’ 7. Notably, the two sides gave conflicting testimonies
testimonies. It said: regarding the victims’ opportunity to identify their attackers. The
By the way, the Court has not ignored the testimony of Arnel prosecution witnesses claim that some of the attackers could be
Fortes that Morano repeatedly struck him with a lead pipe. It identified because they wore no masks or their masks fell off. The
was, however, given during the rebuttal stage. When he sat at the defense witnesses testified that all the attackers wore masks and
witness stand for the first time, he said nothing of that sort. He none of these fell off. Since identification of the attackers is the
could have been saying the truth and that what he related was key issue, the Court has to consider which witnesses and stories
not an afterthought but still the cloud of doubt remains. As there appear to be more credible.
still that haziness, the barrier remains uncleared.[43] I am impressed with the testimony of UP police officer
6. Emmanuel Batungbakal of course testified that he saw Salvador, who had served the UP’s police force for 18 years and
three plateless cars rush out towards the Main Library[44] with had no motive to fabricate or lie. He testified that when he and
SJ Feliciano on board one car. But this testimony is inconclusive fellow officer Cabrera arrived at the scene of the mauling, he
since Batungbakal admitted on crossexamination that he was asked the bystanders the identities of the assailants. The
not sure it was SJ Feliciano he saw. Besides, as pointed out bystanders replied that they were unable to identify the attackers
above, no credible testimony supports the view that SJ Feliciano because they wore masks. Salvador testified:
in fact took part in the mauling. Q: Upon being informed by the blue guard that there was a
The trial court acquitted some of the accused after rejecting rumble near the Beach House canteen, tell the Court what
the testimonies of SR Mangrobang who fingered SJ Feliciano as did you and Cabrera do?
well. On the other hand, although SR Gaston did not mention SJ A: We rushed to the place where the incident took place, sir.
Feliciano on direct testimony, he brought up his name only on Q: And upon reaching the area of the Beach House Canteen,
cross, a catchup kind of testimony that the trial court rejected in what did you notice?
SJ Morano’s case. SR Fortes, the final witness against SJ A: I noticed one victim together with some people, sir, and I
Feliciano, said an uncanny thing: two groups of attackers had just asked some of the bystanders if they saw what happened
bludgeoned him one after the other, yet SR and they said they did not recognize the attackers because
_______________ they were wearing mask.[45]
[43] Id.
[44] TSN, November 6, 1995, pp. 31, 33. The statement of the bystanders, made while some of the
206 wounded were bleeding there and the excitement lingered, may
206 SUPREME COURT REPORTS ANNOTATED be given in evidence as part of the res gestae. Section 42, Rule 130
People vs. Feliciano, Jr. of the Rules of Evidence provides:
Fortes claimed that he still managed to stand up in time to _______________
observe SJ Feliciano attacking SR Venturina. [45] TSN, November 20, 1995, pp. 1920.
207 [47] TSN, December 11, 1995, pp. 80, 85.
VOL. 724, MAY 5, 2014 207 208
People vs. Feliciano, Jr. 208 SUPREME COURT REPORTS ANNOTATED
Sec. 42. Part of the res gestae.—Statements made by a People vs. Feliciano, Jr.
person while a startling occurrence is taking place or immediately his three companions admitted to the two UP police officers
prior or subsequent thereto with respect to the circumstances investigating the mauling incident that they could not identify
thereof, may be given in evidence as part of the res gestae. x x x their attackers because the latter wore masks. UP police officer
These statements are spontaneous reactions inspired by the Cabrera testified:
excitement of the moment. It may be assumed that, unlike tardy Q On you way to the Infirmary, please tell the court if
witnesses, the bystanders who made the statements had no anything had transpired.
opportunity to deliberate or fabricate. The words they uttered are A I asked Marvin Natalicio of his names, sir.
Q What else did you ask him, if any?
part of the commotion they described.[46] The res
A I asked him who hit him, sir.
gestae contradicts the attempt of prosecution witnesses to show Q What did he say?
that a number of the attackers wore masks or that identification A He told me he did not recognize any of them because they
was possible because the masks of some fell off. were wearing masks, sir.
In fact, Luz Perez, a 3rd year Interior Design student, then Q What about his companions who were with you in this
lining up to get food at the Beach House Canteen, testified like vehicle, did you not ask them?
many others that she was unable to identify the attackers A They answered the same thing, they did not recognize any
because they all wore masks. She said: of them, sir.
Q. How many masked men did you see Miss Perez? x x x x
A. There were about ten to fifteen masked men. Q Now, upon arriving at the Infirmary, please tell the Court
x x x x what transpired?
ATTY. W. CHUA A At the Infirmary, there were two (2) other persons who
Q. And can you identify any of the attackers that you saw? were also injured, Sir.
WITNESS Q Please tell the court what you did at the U.P. Infirmary?
A. No, I cannot. A I asked Marvin again if he recognized the two (2) other
Q. Why can you not identify them? persons who hit him and he answered the same thing as
A. Because they were wearing masks.[47] what I have asked him when we were at the vehicle, Sir.[48]
8. In the same way, while the startling incident and the
pains it caused still occupied their minds, SR Natalicio and Notably, as SR Fortes testified, it was “SOP” for all fratmen to
_______________ familiarize themselves with the faces and names of the members
[46] 2 Jones, Sec. 10:1, 6th Edition.
of other fraternities.[49] This being the case, there was no reason SR Natalicio of course denied having said that he could not
for SR Natalicio and his companions, all frat identify their assailants when the police officers and the doctor
_______________ asked him and his companions about it. But between the latter,
[48] TSN, November 13, 1995, pp. 3740. on the one hand, and those officers and the doctor, on the other,
[49] TSN, October 30, 1995, p. 12. the Court should have been more inclined to believe the latter.
209 Indeed, there is no evidence that SR Natalicio, Lachica,
VOL. 724, MAY 5, 2014 209 Fortes, Gaston, Mangrobang, and Tumaneng, who survived
People vs. Feliciano, Jr. _______________
men, not to promptly name the attackers from the rival fraternity [50] TSN, September 16, 1998, pp. 2021.
when first queried by the police officers. [51] Id.
9. Besides, Dr. Carmen Mislang, a physician who had been 210
serving at the UP Infirmary for 20 years, also testified that when 210 SUPREME COURT REPORTS ANNOTATED
asked, SR Natalicio and his companions told her that they could People vs. Feliciano, Jr.
not identify their attackers because the latter were masked. the mauling, gave statements shortly after the incident either to
[212] Dr. Mislang in fact included this information in her medical the UP police officers or the Quezon City police which had
report. She thus testified: primary jurisdiction over the crimes. They took four days mulling
Q You said doctor, in this history of present illness, marked as over it before going to the NBI to name their assailants.
Exhibit 9a2=zingapan, that I quote: 10. SR Natalicio of course gave a different version of his
“x x x he was allegedly hit by a lead pipe during the rumble interview with the UP police officers. When they asked him who
by unknown assailants.” What was the basis of your their assailants were, he said that he requested them to come
statement here? back as he was not feeling well.[52] There is testimony that two of
A He told us, the group because they came with friends, they his Sigma Rho brothers conferred with him to discuss what
alleged that he was hit by a group of people masked by a happened and their strategy for getting back at those whom they
lead pipe. I asked if they know the assailants and they said believed were responsible. Further to this, SR Lachica[53] and
no because they are masked. Gaston[54] testified that they met with their alumni brothers that
Q You said he, to whom are you referring to? evening. SR Natalicio said that when the police officers came back
A The patient and their friends around because there are also to ask him the identities of the attackers, a senior fraternity
commotion in the emergency room, sir. brotherlawyer was present and he told the police officers that the
Q Are you referring to the patient by the name of Mervin statements would be given to the NBI and they would just be
Natalicio? furnished copies.[55]
A Yes, sir.[51] This is ludicrous. The right to silence is given to persons under
suspicion for committing some crimes, not to the victims whose
duty is to promptly assist the police investigators in pinpointing Magpantay; and (e) SJ Fajardo per SR Mangrobang’s testimony
criminal responsibilities. No evidence has been presented to show that the masks of these two fell off.[58] SR Fortes also testified
that the UP police force was partial to the opposing that he saw SJ Feliciano’s mask fell off as he was hitting SR
fraternity. I am thus unable to blame the accused for believing Venturina.[59]
that the only possible reason in this case for withholding Just what are the chances that the masks of five out of 12
information from the police from day one was that the victims and accused just fell off during the mauling? Quite little or nil since it
their counsel had yet to put their acts together. was not actually a fraternity rumble where the protagonists hit
11. The supposed identification of the accused came four each other creating the possibility that any mask they were
days later at the NBI office in Manila. Admittedly, the victims wearing could fall off. Here, the victims testified that they bore
and their brods waited for everyone to be ready before they the punishment and were unable to fight back since their
_______________ attackers were numerous and carried lead pipes and clubs.
[52] TSN, July 12, 1995, p. 3. Indeed, none of the victims testified that his action in protecting
[53] TSN, June 5, 1995, p. 15. his head resulted in the unmasking of one or some of his
[54] TSN, October 11, 1995, pp. 46, 148149. attackers. Evidently, the attackers deliberately wore masks to
[55] TSN, February 7, 2001, p. 31. hide their identities. It made no sense for them to wear masks
211 that would just fall off when one sneezes.
VOL. 724, MAY 5, 2014 211 _______________
[56] TSN, June 5, 1995, p. 12.
People vs. Feliciano, Jr.
came as a group to give their statements at the NBI office. The [57] Id., at p. 13.
excuse that SR Natalicio and Fortes needed medical attention and [58] TSN, September 28, 1995, pp. 1718.
that the others with them wanted to come together when they [59] TSN, October 16, 1995, pp. 6263.
filed their complaints at the NBI is not a valid excuse. Since they
claim that they were terribly aggrieved and that one of them lost 212
his life, the natural thing was for them to demand immediate 212 SUPREME COURT REPORTS ANNOTATED
justice and action from the police or the NBI on the afternoon of People vs. Feliciano, Jr.
December 8, 1994. Those who swing bats to strike at objects before them rarely
12. The prosecution witnesses testified that the masks of five hit their own faces. Only in funny movies like The Three Stooges
of the accused just fell off to reveal who they were. These were (a) can that happen. What are the chances that a mask would just
SJ Alvir per SR Lachica’s testimony;[56] (b) SJ Zingapan; and (c) fall off from the face of the person wearing it? Construction and
SJ Medalla also per SR Lachica’s testimony that the two were not industrial laborers doing strenuous work wear mask all day long
wearing masks when he looked back and saw them,[57] implying to protect themselves from dusts, chemicals, or fumes. Food
that they had masks at the beginning of the attack; (d) SJ processing workers wear them at work to prevent food
contamination. They are not likely to be heard experiencing
unpredictable falling off of masks taking place in great number. In a case like this, where the identities and participations of
Here, if the prosecution were to be believed, five out of just 12 the several accused involved are difficult to prove, the ideal
accused lost their masks in only 30 to 45 seconds. The odds of this solution is to convince the least guilty of them, the one who
happening are unbelievable. showed the most reluctance and delivered the lightest blows, to
Indeed, prosecution witness Gaio himself who was at the scene turn state witness. I am unable to say if efforts in this direction
of the commotion testified that he did not see any of the attackers were taken by the NBI or the prosecutors to ensure that they had
losing their masks at any point in time. He said: a good case.
ATTY. CHUA: I condemn the senseless death of SR Venturina and
Q: At any point in time, did you see any mask pulling [sic] off? commiserates with the sufferings of his family. Fraternity wars,
WITNESS: many of them cruel and barbaric, are the scourge of many
A: I did not see anything, sir.[60] campuses. New recruits are romanticized with the mystery, pride,
Gaio also belied SR Fortes’ testimony that SJ Feliciano’s mask fell and drama of brotherhood or kinship with senior members of
off while he was hitting SR Venturina. Gaio said: great reputation. This of course invites envy and annoyance from
Q: Mr. Dennis Venturina was hit and fell down, was the other brotherhoods for none is greater or more courageous than
person who hit Dennis wearing mask? one’s own. They thus test each other’s unity, capability, and
A: Their faces were covered, sir. resolve, destroying each other, and subordinating the real
Q: All of them? purpose of their being in school. They forget that true
A: Yes, sir. brotherhood comes from mutual kindness and respect.
Q: There is no way to recognize them? ACCORDINGLY, I vote to GRANT the petition, REVERSE
A: None, sir.[61] AND SET ASIDE the judgment of conviction of the Regional
_______________ Trial Court in Criminal Cases Q9561133 to 38 dated February
[60] TSN, April 3, 1997, pp. 4849. 28, 2002, and ACQUIT the accusedappellants Robert Michael
[61] Id., at p. 49. Beltran Alvir, Danilo A. Feliciano, Jr., Christopher L. Saliva,
213 Julius Victor L. Medalla, and Warren L. Zingapan on ground of
VOL. 724, MAY 5, 2014 213 reasonable doubt.
People vs. Feliciano, Jr. Judgment affirmed with modification.
While the attack by masked men is doubly condemnable, not G.R. No. 158362. April 4, 2011.*
only for the treachery involved but also for the cowardice and PEOPLE OF THE PHILIPPINES, plaintiff
deception that came with it, the Court cannot hastily send to appellee, vs.GILBERTO VILLARICO, SR. @ “BERTING”,
prison those charged with these crimes without proof beyond GILBERTO VILLARICO, JR., JERRY RAMENTOS, and RICKY
reasonable doubt that they committed them. The Constitution VILLARICO, accusedappellants.
ordains this.
Criminal Procedure; Evidence; The first duty of the seeking justice for the victim and bringing the malefactor before
prosecution is not to prove the crime but to prove the identity of the the law.
criminal, for, even if the commission of the crime can be
_______________
established, there can be no conviction without proof of the
identity of the criminal beyond reasonable doubt.—The first duty * THIRD DIVISION.
of the prosecution is not to prove the crime but to prove the 44
identity of the criminal, for, even if the commission of the crime 4 SUPREME COURT REPORTS ANNOTATED
can be established, there can be no conviction without proof of the 4
identity of the criminal beyond reasonable doubt. In that regard,
People vs. Villarico, Sr.
an identification that does not preclude a reasonable possibility of
Same; Res Gestae; In a general way, res gestae includes the
mistake cannot be accorded any evidentiary force. The
intervention of any mistake or the appearance of any weakness in circumstances, facts, and declarations that grow out of the main
the identification simply means that the accused’s constitutional fact and serve to illustrate its character and which are so
right of presumption of innocence until the contrary is proved is spontaneous and contemporaneous with the main fact as to
not overcome, thereby warranting an acquittal, even if doubt may exclude the idea of deliberation and fabrication.—The term res
cloud his innocence. Indeed, the presumption of innocence
gestae refers to “those circumstances which are the undesigned
constitutionally guaranteed to every individual is forever of
incidents of a particular litigated act and which are admissible
primary importance, and every conviction for crime must rest on
when illustrative of such act.” In a general way, res
the strength of the evidence of the State, not on the weakness of
the defense. gestae includes the circumstances, facts, and declarations that
grow out of the main fact and serve to illustrate its character and
Evidence; Witnesses; The familiarity of the witness with the
which are so spontaneous and contemporaneous with the main
assailant erased any doubt that the witness could have erred.—
fact as to exclude the idea of deliberation and fabrication. The
The close relationship of Remedios and Francisco with the victim
rule on res gestae encompasses the exclamations and statements
as well as their familiarity with the accused who were their
neighbors assured the certainty of their identification as Haide’s made by either the participants, victims, or spectators to a crime
assailants. In Marturillas v. People, the Court observed that the immediately before, during, or immediately after the commission
familiarity of the witness with the assailant erased any doubt of the crime when the circumstances are such that the statements
that the witness could have erred; and noted that a witness were made as a spontaneous reaction or utterance inspired by the
related to the victim had a natural tendency to remember the excitement of the occasion and there was no opportunity for the
faces of the person involved in the attack on the victim, because declarant to deliberate and to fabricate a false statement.
relatives, more than anybody else, would be concerned with
Same; Same; Test of admissibility of evidence as a part of the among them on perpetrating the crime. Thus, the concerted acts
res gestae; Requisites of Res Gestae.—The test of admissibility of of the four manifested their agreement to kill Haide, resulting in
each of them being guilty of the crime regardless of whether he
evidence as a part of the res gestae is whether the act, declaration,
actually fired at the victim or not. It is axiomatic that once
or exclamation is so intimately interwoven or connected with the
conspiracy is established, the act of one is the act of all; and that
principal fact or event that it characterizes as to be regarded a
all the conspirators are then liable as coprincipals.
part of the principal fact or event itself, and also whether it
clearly negatives any premeditation or purpose to manufacture Same; Same; Positive Identification; Two Types of Positive
testimony. A declaration or an utterance is thus deemed as part of Identification Distinguished.—Relevantly, the Court has
the res gestae that is admissible in evidence as an exception to the distinguished two types of positive identification in People v.
hearsay rule when the following requisites concur: (a) the Gallarde, 325 SCRA 835 (2000), namely: (a) that by direct
principal act, the res gestae, is a startling occurrence; (b) the evidence, through an eyewitness to the very commission of the
statements were made before the declarant had time to contrive act; and (b) that by circumstantial evidence, such as where the
or devise; and (c) the statements must concern the occurrence in accused is last seen with the victim immediately before or after
question and its immediately attending circumstances. the crime.
Criminal Law; Evidence; Conspiracy; A conspiracy exists Same; Same; Alibis; A positive identification that is
when two or more persons come to an agreement concerning the categorical, consistent, and devoid of any showing of ill or vile
commission of a felony and decide to commit it; It is axiomatic motive on the part of the Prosecution witnesses always prevails
that once conspiracy is established, the act of one is the act of all. over alibi and denial that are in the nature of negative and self
—In the face of the positive identification of all the four accused, serving evidence.—Long judicial experience instructs that their
it did not matter whether only one or two of them denial and alibis, being too easy to invent, could not overcome
had actually fired the fatal shots. Their actions indicated that a their positive identification by credible Prosecution witnesses
conspiracy existed among them. In whose motives for the identification were not shown to be ill or
45 vile. Truly, a positive identification that is categorical, consistent,
and devoid of any showing of ill or vile motive on the part of the
VOL. 647, APRIL 4, 2011 45
Prosecution witnesses always prevails over alibi and denial that
People vs. Villarico, Sr.
are in the nature of negative and selfserving evidence. To be
deed, a conspiracy exists when two or more persons come to accepted, the denial and alibi must be substantiated by clear and
an agreement concerning the commission of a felony and decide to convincing evidence establishing not only that the accused did not
commit it. Direct proof of a previous agreement among the take part in the commission of the imputed criminal act but also
accused to commit the crime is not necessary, for conspiracy may that it was physically impossible for the accused to be at or near
be inferred from the conduct of the accused at the time of their the place of the commission of the act at or about the time of its
commission of the crime that evinces a common understanding
commission. In addition, their proffered alibis were really On appeal by the accused is the decision of the Court of
unworthy of credit because only the accused themselves and their Appeals (CA) promulgated on June 6, 2003,1 finding Gilberto
relatives and other intimates substantiated them.46 Villarico, Sr., Gilberto Villarico, Jr., Jerry Ramentos, 2 and
4 SUPREME COURT REPORTS ANNOTATED
6 _______________
People vs. Villarico, Sr.
1 CA Rollo, pp. 173184; penned by Associate Justice Hakim S.
Same; Aggravating Circumstances; Treachery; It is the
Abdulwahid, and concurred by Associate Justice Bennie Adefuin
suddenness of the attack coupled with the inability of the victim to Dela Cruz (retired) and Jose I. Sabio, Jr. (retired).
defend himself or to retaliate that brings about treachery; 2 At times spelled as Ramientos in the records and in the RTC
Treachery may still be appreciated even if the victim was facing decision.
the assailant.—There is treachery when: (a) at the time of the 47
attack, the victim was not in a position to defend himself; and (b) VOL. 647, APRIL 4, 2011 47
the accused consciously and deliberately adopted the particular People vs. Villarico, Sr.
means, methods, or forms of attack employed by him. The essence Ricky Villarico guilty of murder for the killing of Haide Cagatan,
of treachery lies in the suddenness of the attack that leaves the and imposing the penalty of reclusion perpetua on each of them,
victim unable to defend himself, thereby ensuring the commission thereby modifying the decision of the Regional Trial Court (RTC),
of the offense. It is the suddenness of the attack coupled with the Branch 16, in Tangub City that had pronounced them guilty of
inability of the victim to defend himself or to retaliate that brings homicide aggravated by dwelling.3
about treachery; consequently, treachery may still be appreciated With treachery having attended the killing, we affirm the CA
even if the victim was facing the assailant. but correct the civil liability to accord with pertinent law and
APPEAL from a decision of the Court of Appeals. jurisprudence.
The facts are stated in the opinion of the Court.
Office of the Solicitor General for plaintiffappellee. Antecedents
Public Attorney’s Office for accusedappellants.
On October 7, 1999, an information for murder was filed in the
BERSAMIN, J.:
Regional Trial Court in Misamis Occidental (RTC) against all the
The identification of the accused as the person responsible for
accused,4 the accusatory portion of which reads:
the imputed crime is the primary duty of the State in every
“That on or about August 8, 1999, at about 7:50 o’clock in the
criminal prosecution. Such identification, to be positive, need not
morning at Barangay Bolinsong, Municipality of Bonifacio,
always be by direct evidence from an eyewitness, for reliable
Province of Misamis Occidental, Philippines, and within the
circumstantial evidence can equally confirm it as to overcome the
jurisdiction of this Honorable Court, the abovenamed accused,
constitutionally presumed innocence of the accused.
conspiring, confederating and mutually helping one another, with
intent to kill, armed with a short firearms (sic), did then and Sr. was at the right side, with Ramentos behind him. When
there willfully, unlawfully, feloniously suddenly and Gilberto, Jr. noticed Remedios, he pointed his gun at her,
treacherously shoot HAIDE CAGATAN at the back penetrating prompting Remedios to drop to the ground and to shout to Lolita
through the neck which cause(d) the instant death of said victim Cagatan, her motherinlaw and Haide’s mother: Nay, Nay tawo
and that he had no chance to avoid or defend himself from the Nay (Mother, mother, there are people outside, mother). At that
attack. instant, Remedios heard three gunshots.5
CONTRARY TO LAW.” Francisco Cagatan, the father of Haide, also heard the
All the accused pleaded not guilty at their December 15, 1999 gunshots just as he was coming out of the toilet, making him
arraignment. instinctively jump into a hole, from where he was able to see and
recognize Gilberto, Sr., Gilberto, Jr. and Ricky who were then
Version of the Prosecution standing by the kitchen door. They were aiming their guns
upward, and soon after left together with Ramentos.6
At around 7:50 p.m. on August 8, 1999, Haide was busy Lolita also heard the gunshots while she was in the sala.She
preparing dinner in the kitchen of his family’s residence in recalled that Haide then came towards her from the kitchen,
Bolinsong, Bonifacio, Misamis Occidental. The kitchen, lo asking for help and saying: Tabang kay gipusil ko ni Berting (I
was shot by Berting).7At that, she and Remedios brought the
_______________
wounded Haide to Clinica Ozarraga, where he was treated for
gunshot wounds on his left scapular region (back of left shoulder)
3 Rollo, pp. 4569; penned by Judge Resurrection T. Inting.
and right elbow. He succumbed shortly thereafter due to
4 Records, pp. 12. hypovolemic shock or massive loss of blood.8
48
48 SUPREME COURT REPORTS ANNOTATED _______________
People vs. Villarico, Sr.
cated at the rear of the residence, had a wall whose upper portion 5 TSN, March 29, 2000, pp. 56.
was made of threefeet high bamboo slats (sasa) and whose lower 6 TSN, March 10, 2000, pp. 67.
portion was also made of bamboo slats arranged like a chessboard 7 TSN, February 24, 2000, pp. 19 and 24.
with fourinch gaps in between. At that time, Haide’s sisterin 8 See Exhibits “A” and “B” for the Prosecution (Records, pp.
law Remedios Cagatan was attending to her child who was 5354).
answering the call of nature near the toilet. From where she was, 49
Remedios saw all the accused as they stood at the rear of the VOL. 647, APRIL 4, 2011 49
kitchen aiming their firearms at the door—Ricky Villarico was at People vs. Villarico, Sr.
the left side, and Gilberto, Jr. stood behind him, while Gilberto, Version of the Defense
The accused denied the accusations and each proffered an 14 TSN, April 4, 2000, pp. 4557.
alibi. 50
Gilberto, Sr. claimed that he was sleeping in his home with a 50 SUPREME COURT REPORTS ANNOTATED
fever when he heard a gunshot. He insisted that he learned that People vs. Villarico, Sr.
Haide had been shot only in the next morning. 9 His denial and To discredit the testimony about Haide being able to identify
alibi were corroborated by his wife Carmelita 10 and his daughter his assailants, the Defense presented Peter Ponggos, who
Jersel.11
narrated that he had been on board a motorcycle (habalhabal)
Gilberto, Jr. testified that on the day of the incident, he went
when Lolita and Remedios asked for his help; and that he then
to Liloan, Bonifacio, Misamis Occidental at around 5:00 p.m. to
aided Lolita and Remedios in bringing Haide to the hospital.
visit his girlfriend together with Charlie Bacus and Randy
According to Peter, he asked Haide who had shot him, but Haide
Hernan. They stayed there until 9:00 p.m. Thereafter, they
replied that there had been only one assailant whom he did not
proceeded to Tiaman to attend the wake for one Helen Oligario
recognize.15
Cuizon, and were there for an hour. They then returned to
Bolinsong and spent the night in the house of Randy. It was only Ruling of the RTC
in the morning that Randy’s father informed them that Haide had
been shot.12 After trial, the RTC convicted the four accused of homicide
Ricky declared that he stayed throughout the whole evening of aggravated by dwelling, disposing:16
August 8, 1999 in the house of his aunt Flordeliza. 13 Myrna “WHEREFORE, premises considered, the Court finds all the
Hernan, a neighbor of Flordeliza, corroborated his testimony.14 accused guilty beyond reasonable doubt of the crime of Homicide,
Ramentos alleged that he was drinking tuba with others at with one aggravating circumstance of dwelling, and applying the
the store owned by Cinderella Bacus at the time of the shooting; Indeterminate Sentence Law, hereby sentences each one of them
and that he went home at around 9:00 p.m. after his group was to a penalty of imprisonment ranging from 6 years and 1 day, as
done drinking. He did not recall hearing any gunshots while its minimum to 17 years, 4 months and 1 day, as its maximum, to
drinking and came to know of the shooting only from a certain suffer the accessory penalties provided for by law, to pay jointly
Anecito Duyag on the following morning. and solidarily, the heirs of the victim P50,000.00, as civil liability
and to pay the costs.
_______________ Let all the accused be credited of the time that they were
placed in jail under preventive imprisonment, applying the
9 TSN, May 31, 2000, pp. 45. provisions of Art. 29 of the Revised Penal Code, as amended.
10 TSN, July 21, 2000, pp. 317. SO ORDERED.”
11 TSN, April 11, 2000, pp. 4358. The RTC accorded faith to the positive identification of the
12 TSN, May 31, 2000, p. 1415. accused by the Prosecution’s witnesses, and disbelieved their
13 TSN, June 29, 2000, pp. 45. denial and alibis due to their failure to show the physical
improbability for them to be at the crime scene, for the distances Criminal Procedure, We render JUDGMENT without entering it,
between the crime scene and the places where the accused as follows:
allegedly were at the time of the commission of the 1. We find all accused guilty beyond reasonable doubt of
MURDER. Each accused is hereby SENTENCED TO
_______________ SUFFER the penalty of reclusion perpetua.
2. The Division Clerk of Court is hereby directed to CERTIFY
15 TSN, April 4, 2000, pp. 317. and ELEVATE the entire records of this case to the
16 Records, p. 138. Supreme Court for review.
51
VOL. 647, APRIL 4, 2011 51 _______________
People vs. Villarico, Sr.
crime were shown to range from only 100 to 700 meters. 17The 17 The distance between the house of Gilberto, Sr. and Haide’s
RTC found, however, that the Prosecution was not able to prove house was only 100 meters (TSN, May 31, 2000, p. 21). Gilbert,
treachery because: Jr. testified that his girlfriend’s house was only 500 meters away
“x x x The medical report of “gunshot wound left scapular from Bolinsong (TSN, May 31, 2000, pp. 1921). Ricky claimed
region” which the doctor interpreted to be at the back of the left that the house of his aunt was only 700 meters from Haide’s
shoulder is not sufficient to prove treachery, it being susceptible house (TSN, June 29, 2000, p. 9).
to 2 different interpretations: one: that victim had his back 18 Records, p. 137.
towards his assailants, and two: that he was actually facing them 19 CA Rollo, p. 173184.
but he turned around for cover upon seeing the armed “group of 52
Berting”. The Court is inclined to believe the second 52 SUPREME COURT REPORTS ANNOTATED
interpretation because the victim was able to see and identify his People vs. Villarico, Sr.
assailants. Two prosecution witnesses testified that the victim SO ORDERED.”20
identified to them who shot him.”18
Citing People v. Valdez,21 the CA explained that the
attendance of treachery did not depend on the position of the
Ruling of the CA
victim at the time of the attack, for the essence of treachery was
in the element of surprise the assailants purposely adopted to
On intermediate review, the CA modified the RTC’s decision,
ensure that the victim would not be able to defend himself.
holding instead that murder was established beyond reasonable
Considering that the accused had purposely positioned
doubt because the killing was attended by treachery, viz.:19
themselves at night outside the door to the kitchen from where
“WHEREFORE, the appealed Decision is hereby MODIFIED.
they could see Haide, who was then busy preparing dinner,
Pursuant to Section 13, paragraph 2 of Rule 124 of the Rules of
through the holes of the kitchen wall, the CA concluded that
Haide was thus left unaware of the impending assault against People vs. Villarico, Sr.
him. THE PROSECUTION TO PROVE THE IDENTITY OF THE
ASSAILANT AS WELL AS ACCUSEDAPPELLANTS’ GUILT
Issues BEYOND REASONABLE DOUBT.
II
In this recourse, the accused raise the following errors: THE COURT OF APPEALS GRAVELY ERRED IN
I CONSIDERING THE QUALIFYING CIRCUMSTANCE OF
THE COURT OF APPEALS GRAVELY ERRED IN TREACHERY, ON THE ASSUMPTION THAT INDEED
CONVICTING ACCUSEDAPPELLANTS OF MURDER ACCUSEDAPPELLANTS ARE GUILTY.
DESPITE FAILURE OF The accused contend that the Prosecution witnesses failed to
positively identify them as the persons who had actually shot
_______________ Haide; that treachery was not attendant because there was no
proof showing that they had consciously and deliberately adopted
20 Id., at p. 183. the mode of attacking the victim; and that assuming that they
21 G.R. No. 127663, March 11, 1999, 304 SCRA 611, where the committed the killing, they could only be convicted of homicide.
Court pointed out: The decisive queries are, therefore, the following:
Under paragraph 16, Article 14 of the Revised Penal Code, the
(a) Should an identification, to be positive, have to be made
qualifying circumstance of treachery is present when the offender
by a witness who actually saw the assailants?
employs means, methods, or forms in the execution of the crime
(b) Was treachery attendant in the killing of Haide as to
which tend directly and especially to ensure its execution without
qualify the crime as murder?
risk to himself arising from any defensive or retaliatory act which
the victim might make (People vs. Santos, 270 SCRA 650
Ruling
[1997]). The settled rule is that treachery can exist even if
the attack is frontal if it is sudden and unexpected, giving We affirm the finding of guilt for the crime of murder, but
the victim no opportunity to repel it or defend himself modify the civil liability.
against such attack. What is decisive is that the execution
of the attack, without slightest provocation from the 1.
victim who is unarmed, made it impossible for the victim Positive identification refers to
to defend himself or to retaliate (People vs. Javier, 269 SCRA proof of identity of the assailant
181 [1997]).
53 The first duty of the prosecution is not to prove the crime but
VOL. 647, APRIL 4, 2011 53 to prove the identity of the criminal, for, even if the commission of
the crime can be established, there can be no conviction without Nos. 7274445, April 18, 1997, 271 SCRA 344, 377; People v.
proof of the identity of the criminal beyond Maongco, G.R. Nos. 10896365, March 1, 1994, 230 SCRA 562,
54 575.
54 SUPREME COURT REPORTS ANNOTATED 24 People v. Raquel, G.R. No. 119005, December 2, 1996, 265
People vs. Villarico, Sr. SCRA 248, 259; People v. Salguero, G.R. No. 89117, June 19,
reasonable doubt. In that regard, an identification that does not
22
1991, 198 SCRA 357; Natividad v. Court of Appeals, G.R. L
preclude a reasonable possibility of mistake cannot be accorded
40233, June 25, 1980, 98 SCRA 335, 346.
any evidentiary force.23 The intervention of any mistake or the
appearance of any weakness in the identification simply means 25 Pecho v. People, G.R. No. 111399, September 27, 1996, 262
that the accused’s constitutional right of presumption of SCRA 518, 533; Perez v. Sandiganbayan, G.R. Nos. 7620304,
innocence until the contrary is proved is not overcome, thereby December 6, 1989, 180 SCRA 9; People v. Sadie, No. L66907,
warranting an acquittal,24 even if doubt may cloud his April 14, 1987, 149 SCRA 240; U.S. v. Gutierrez, 4 Phil. 493
innocence.25 Indeed, the presumption of innocence constitutionally (1905).
guaranteed to every individual is forever of primary importance, 26 People v. Pidia, G.R. No. 112264, November 10, 1995, 249
and every conviction for crime must rest on the strength of the SCRA 687, 702.
evidence of the State, not on the weakness of the defense.26 55
The accused contend that the Prosecution witnesses did not VOL. 647, APRIL 4, 2011 55
actually see who had shot Haide; hence, their identification as the
People vs. Villarico, Sr.
malefactors was not positively and credibly made.
Haide. Their identification as his assailants by Remedios and
We cannot uphold the contention of the accused.
Francisco was definitely positive and beyond reasonable doubt.
The established circumstances unerringly show that the four
Specifically, Remedios saw all the four accused near the door to
accused were the perpetrators of the fatal shooting of
the kitchen immediately before the shots were fired and
_______________ recognized who they were. She even supplied the detail that
Gilberto, Jr. had trained his firearm towards her once he had
22 People v. Pineda, G.R. No. 141644, May 27, 2004, 429 noticed her presence at the crime scene. On his part, Francisco
attested to seeing the accused near the door to the kitchen
SCRA 478; People v. Esmale, G.R. Nos. 10298182, April 21, 1995,
243 SCRA 578. holding their firearms right after he heard the gunshots, and also
recognized them.
23 People v. Fronda, G.R. No. 130602. March 15, 2000, 328
The collective recollections of both Remedios and Francisco
SCRA 185;Natividad v. Court of Appeals, G.R. No. L40233, June
about seeing the four accused standing near the door to the
25, 1980, 98 SCRA 335, 346; People v. Beltran, L31860,
kitchen immediately before and after the shooting of Haide inside
November 29, 1974, 61 SCRA 246, 250; People v. Manambit, G.R. the kitchen were categorical enough, and warranted no other
logical inference than that the four accused were the persons who A. In the sala.
had just shot Haide. Indeed, neither Remedios nor Francisco Q. Could you possibly tell the Honorable Court what actually
needed to have actually seen who of the accused had fired at took place when your son was shot?
Haide, for it was enough that they testified that the four armed A. He came from the kitchen at that time when I heard
accused: (a) had strategically positioned themselves by the gunreports, he said “Nay” help me because I was
kitchen door prior to the shooting of Haide; (b) had still been in shot by Berting.29
the same positions after the gunshots were fired; and (c) had x x x
continuously aimed their firearms at the kitchen door even as Atty. Anonat:
they were leaving the crime scene. Q. And that affidavit was executed by you at the Bonifacio
The close relationship of Remedios and Francisco with the Police Station?
victim as well as their familiarity with the accused who were A. Yes.
their neighbors assured the certainty of their identification as
_______________
Haide’s assailants. In Marturillas v. People,27 the Court observed
that the familiarity of the witness with the assailant erased any
28 Id., at p. 301; see also People v. Evangelista, G.R. No. 84332
doubt that the witness could have erred; and noted that a witness
33, May 8, 1996, 256 SCRA 611 (holding that where the
related to the victim had a natural tendency to remember the
identification made by the wife of the victim was held to be
faces of the person involved in the attack on the victim, because
reliable because she had known the accused for a long time
relatives, more than anybody
and was familiar with him, considering her being positive
_______________ that it was the accused who had shot her husband although
she saw only the back part and the body contour of the
27 G.R. No. 163217, April 18, 2006, 487 SCRA 273. assailant. At the time she saw him, the accused was only
56 four meters away, and there was sufficient illumination from
56 SUPREME COURT REPORTS ANNOTATED a lamp post six meters away from the house of the victim
and his wife); People v. Jacolo, G.R. No. 94470, December 16,
People vs. Villarico, Sr.
else, would be concerned with seeking justice for the victim and 1992, 216 SCRA 631 (holding that where the conditions of
bringing the malefactor before the law.28 visibility were favorable and the witness did not appear to
Moreover, the following portions of Lolita’s testimony show be biased against the man on the dock, his or her assertions
that Haide himself recognized and identified his assailants, to as to the identity of the malefactor should normally be
wit: accepted, more so where the witnesses were the victims, or
Atty. Fernandez: nearrelatives of the victims, because these people usually
Q. And where were you at that time when he was shot? strove to remember the faces of the assailants).
29 TSN, February 24, 2000, p. 19; bold emphasis supplied. thereof, may be given in evidence as part of the res gestae. So,
57 also, statements accompanying an equivocal act material to the
VOL. 647, APRIL 4, 2011 57 issue, and giving it a legal significance, may be received as part of
People vs. Villarico, Sr. the res gestae.” (36 a)
x x x
Q. And you affirm to the truth of what you have stated in this _______________
affidavit?
A. Yes. 30 Id., at p. 24; bold emphasis supplied.
Q. On question No. 7 you were asked in this manner—“Giunsa 58
man nimo pagkasayod nga sila maoy responsible sa 58 SUPREME COURT REPORTS ANNOTATED
kamatayon sa imong anak? How do you know that People vs. Villarico, Sr.
they were responsible (for) the death of your son? The term res gestae refers to “those circumstances which are
And your answer is this “Tungod kay ang biktima the undesigned incidents of a particular litigated act and which
nakasulti pa man sa wala pa siya namatay ug ang are admissible when illustrative of such act.” 31In a general
iyang pulong mao nga TABANG NAY KAY GIPUSIL way, res gestae includes the circumstances, facts, and declarations
KO NILA NI BERTING ug nasayod ako nga sila that grow out of the main fact and serve to illustrate its character
gumikan sa akong mga testigos.” which translated and which are so spontaneous and contemporaneous with the
into English—Because the victim was able to talk main fact as to exclude the idea of deliberation and
before he died and the words which he told me help fabrication.32 The rule on res gestae encompasses the exclamations
me Nay I am shot by the group of Berting and I know and statements made by either the participants, victims, or
this because of my witnesses.30 spectators to a crime immediately before, during,
x x x or immediately after the commission of the crime when the
The statement of Haide to his mother that he had just been circumstances are such that the statements were made as
shot by the group of Berting—uttered in the immediate aftermath a spontaneous reaction or utterance inspired by the excitement of
of the shooting where he was the victim—was a true part of the occasion and there was no opportunity for the declarant to
the res gestae. The statement was admissible against the accused deliberate and to fabricate a false statement.33
as an exception to the hearsay rule under Section 42, Rule 130 of The test of admissibility of evidence as a part of the res
the Rules of Court, which provides: gestae is whether the act, declaration, or exclamation is so
“Section 42. Part of the res gestae.—Statements made by a intimately interwoven or connected with the principal fact or
person while a startling occurrence is taking place or immediately event that it characterizes as to be regarded a part of the
prior or subsequent thereto with respect to the circumstances principal fact or event itself, and also whether it clearly negatives
any premeditation or purpose to manufacture testimony. 34 A after the shooting. And, thirdly, the statement directly concerned
declaration or an utterance is thus deemed as part of the res the startling occurrence itself and its attending circumstance
gestae that is admissible in evidence as an exception to the (that is, the identities of the assailants). Verily, the statement
hearsay rule when the following requisites concur: (a) the was reliable as part of the res gestae for being uttered in
principal act, the res gestae, is a startling occurrence; (b) spontaneity and only in reaction to the startling occurrence.
In the face of the positive identification of all the four accused,
_______________ it did not matter whether only one or two of them
had actually fired the fatal shots. Their actions indicated that a
31 Alhambra Bldg. & Loan Ass’n v. DeCelle, 118 P. 2d 19, 47 conspiracy existed among them. Indeed, a conspiracy exists when
C.A. 2d 409; Reilly Tar & Chemical Corp. v. Lewis, 61 N.E. 2d two or more persons come to an agreement concerning the
297, 326 Ill. App. 117. commission of a felony and decide to commit it. 36 Direct proof of a
32 Kaiko v. Dolinger, 440 A. 2d 198, 184 Conn. 509; Southern previous agreement among the accused to commit the crime is not
necessary,37 for conspiracy may be inferred from the conduct of
Surety Co. v. Weaver, Com. App. 273 S.W. 838.
the accused at the time of their commission of the crime that
33 People v. Sanchez, G.R. No. 74740, August 28, 1992, 213 evinces a common understanding
SCRA 70.
34 Molloy v. Chicago Rapid Transit Co., 166 N.E. 530, 335 Ill. _______________
164; Campbell v. Gladden, 118 A. 2d 133, 383 Pa. 144, 53 A.L.R.
2d 1222. 35 People v. Guillermo, G.R. No. 147786, January 20, 2004,
59 420 SCRA 326; People v. Dela Cruz, G.R. No. 152176, October 1,
VOL. 647, APRIL 4, 2011 59 2003, 412 SCRA 503; People v. Ignas, G.R. Nos. 14051415,
People vs. Villarico, Sr. September 30, 2003, 412 SCRA 311; People v. Lobrigas, G.R. No.
the statements were made before the declarant had time to 147649, December 17, 2002, 394 SCRA 170; People v. Peralta,
contrive or devise; and (c) the statements must concern the G.R. No. 94570, September 28, 1994, 237 SCRA 218; People v.
occurrence in question and its immediately attending
Maguikay, G.R. Nos. 10322628, October 14, 1994, 237 SCRA 587,
circumstances.35
600.
We find that the requisites concurred herein. Firstly, the
36 Article 8, Revised Penal Code.
principal act—the shooting of Haide—was a startling
37 People v. Ronquillo, G.R. No. 126136, April 5, 2002, 380
occurrence. Secondly, his statement to his mother about being
SCRA 266; People v. Geguira, G.R. No. 130769, March 13, 2000,
shot by the group of Berting was made before Haide had time to
328 SCRA 11, 3233.
contrive or to devise considering that it was uttered immediately
60
60 SUPREME COURT REPORTS ANNOTATED 39 People v. Sotes, G.R. No. 101337, August 7, 1996, 260 SCRA
People vs. Villarico, Sr. 353, 365; People v. Pablo, G.R. Nos. 12039497, January 16, 2001,
among them on perpetrating the crime.38 Thus, the concerted acts 349 SCRA 79.
of the four manifested their agreement to kill Haide, resulting in 40 People v. Peralta, G.R. No. L19069, October 29, 1968, 25
each of them being guilty of the crime regardless of whether he SCRA 759, 776777; People v. Pablo, supra.
actually fired at the victim or not. It is axiomatic that once 41 G.R. No. 133025, February 17, 2000, 325 SCRA 835.
conspiracy is established, the act of one is the act of all; 39 and that 61
all the conspirators are then liable as coprincipals. 40 VOL. 647, APRIL 4, 2011 61
But did not the fact that the name Berting without any
People vs. Villarico, Sr.
surname being too generic open the identification of the accused as where the accused is last seen with the victim immediately
as the assailants to disquieting doubt about their complicity? before or after the crime. The Court said:
We hold that there was no need for a surname to be attached “x x x Positive identification pertains essentially to
to the nickname Berting in order to insulate the identification by proof of identity and not per se to that of being an
Haide from challenge. The victim’s res gestae statement was only eyewitness to the very act of commission of the
one of the competent and reliable pieces of identification evidence. crime. There are two types of positive identification. A witness
As already shown, the accused were competently incriminated may identify a suspect or accused in a criminal case as the
also by Remedios and Francisco in a manner that warranted the perpetrator of the crime as an eyewitness to the very act of the
logical inference that they, and no others, were the assailants. commission of the crime. This constitutes direct evidence. There
Also, that Berting was the natural nickname for a person whose may, however, be instances where, although a witness may not
given name was Gilberto, like herein accused Gilberto, Sr. and have actually seen the very act of commission of a crime,
Gilberto, Jr., was a matter of common knowledge in the he may still be able to positively identify a suspect or
Philippines. In fine, the pieces of identification evidence,
accused as the perpetrator of a crime as for instance when
including Haide’s res gestaestatement, collaborated to render the latter is the person or one of the persons last seen with
their identification unassailable.
the victim immediately before and right after the
Relevantly, the Court has distinguished two types of positive
commission of the crime. This is the second type of positive
identification in People v. Gallarde,41 namely: (a) that by direct
identification, which forms part of circumstantial evidence, which,
evidence, through an eyewitness to the very commission of the
when taken together with other pieces of evidence constituting an
act; and (b) that by circumstantial evidence, such unbroken chain, leads to only fair and reasonable conclusion,
which is that the accused is the author of the crime to the
_______________ exclusion of all others. If the actual eyewitnesses are the only
ones allowed to possibly positively identify a suspect or accused to
38 People v. Geguira, supra.
the exclusion of others, then nobody can ever be convicted unless categorical, consistent, and devoid of any showing of ill or vile
there is an eyewitness, because it is basic and elementary that motive on the part of the Prosecution witnesses always prevails
there can be no conviction until and unless an accused is over alibi and denial that are in the nature of negative and self
positively identified. Such a proposition is absolutely absurd, serving evidence.43 To be accepted, the denial and alibi must be
because it is settled that direct evidence of the commission of a substantiated by clear and convincing evidence establishing not
crime is not the only matrix wherefrom a trial court may draw its only that the accused did not take part in the commission of the
conclusion and finding of guilt. If resort to circumstantial imputed criminal act but also that it was physically impossible for
evidence would not be allowed to prove identity of the accused on the accused to be at or near the place of the commission of the act
the absence of direct evidence, then felons would go free and the at or about the time of its commission. In addition, their proffered
community would be denied proper protection.”42 alibis were really unworthy of credit because only the accused
To conclude, the identification of a malefactor, to be positive themselves and their relatives and other intimates substantiated
and sufficient for conviction, does not always require direct them.44
evidence from an eyewitness; otherwise, no conviction will be
possible in crimes where there are no eyewitnesses. Indeed, 2.
trustworthy circumstantial evidence can equally con The essence of treachery is in the mode of attack,
not in the relative position of the victim
_______________ and the assailant
42 Id., at pp. 849850; bold emphasis supplied. _______________
62
62 SUPREME COURT REPORTS ANNOTATED 43 People v. Gonzales, G.R. No. 140676, July 31, 2002, 385
People vs. Villarico, Sr. SCRA 573, 580; People v. Ocampo, G.R. No. 80262, September 1,
firm the identification and overcome the constitutionally 1993, 226 SCRA 1; People v. Herico, G.R. Nos. 8968283,
presumed innocence of the accused. December 21, 1990, 192 SCRA 655;People v. Fulinara, G.R. No.
Faced with their positive identification, the four accused had
88326, August 3, 1995, 247 SCRA 28; People v. Cardesan, G.R.
to establish convincing defenses. They opted to rely on denial and
No. L29090, April 29, 1974, 56 SCRA 631.
their respective alibis, however, but both the RTC and the CA
rightly rejected such defenses. 44 People v. Abendan, G.R. Nos. 13202627, June 28, 2001, 360
The rejection was warranted. Long judicial experience SCRA 106, 121122.
instructs that their denial and alibis, being too easy to invent, 63
could not overcome their positive identification by credible VOL. 647, APRIL 4, 2011 63
Prosecution witnesses whose motives for the identification were People vs. Villarico, Sr.
not shown to be ill or vile. Truly, a positive identification that is
The RTC ruled out the attendance of treachery due to its 47 People v. Sanchez, G.R. No. 188610, June 29, 2010, 622
persuasion that the victim must have been facing his assailants SCRA 548; People v. Dela Cruz, G.R. No. 188353, February 16,
at the time of the assault and was thus not taken by surprise. The
2010, 612 SCRA 738, 747; People v. Escote, Jr., supra, pp. 632
CA differed from the RTC, however, and stressed that regardless
633.
of the position of the victim, the essence of treachery was the
48 People v. Aguilar, 88 Phil 693 (1951).
element of surprise that the assailants purposely adopted to
ensure that the victim was not able to defend himself.45 64
We uphold the ruling of the CA. 64 SUPREME COURT REPORTS ANNOTATED
There is treachery when: (a) at the time of the attack, the People vs. Villarico, Sr.
victim was not in a position to defend himself; and (b) the accused The argument of the accused that the Prosecution did not
show that they had consciously and deliberately adopted the
consciously and deliberately adopted the particular means,
manner of killing Haide had no substance, for the testimonies of
methods, or forms of attack employed by him. 46 The essence of
Remedios and Francisco disclose the contrary.
treachery lies in the suddenness of the attack that leaves the
Remedios’ testimony about seeing the four accused taking
victim unable to defend himself, thereby ensuring the commission
positions near the door to the kitchen immediately preceding the
of the offense.47 It is the suddenness of the attack coupled with
shooting of Haide was as follows:
the inability of the victim to defend himself or to retaliate that
Atty. Fernandez:
brings about treachery; consequently, treachery may still be
x x x
appreciated even if the victim was facing the assailant. 48
Q. Were you present when the late Haide Cagatan was shot?
Here, the elements of treachery were present. His assailants
A. Yes, I was present.
gunned Haide down while he was preoccupied in the kitchen of
Q. Could you possibly tell the Court in what particular place
his own abode with getting dinner ready for the household. He
you were when the alleged incident took place?
was absolutely unaware of the imminent deadly assault from
A. I was in the ground floor.
outside the kitchen, and was for that reason in no position to
Q. What were you doing there?
defend himself or to repel his assailants.
A. I attended my child (to) answer(ing) the call of his ( sic)
_______________ nature.
Q. Now, could you possibly describe before this Honorable
45 CA Rollo, p. 182. Court, Mrs. Cagatan, the exact event that took place when
the alleged shooting incident took place in your presence?
46 People v. Escote, Jr., G.R. No. 140756, April 4, 2003, 400
A. At that time, I attended my child (to) answer(ing) the
SCRA 603, 632; People v. Ave, G.R. Nos. 13727475, October 18,
call of (his) nature and after doing that when I was
2002, 391 SCRA 225, 246.
about to stand up to go up I saw the Villarico’s was
(sic) at the back of the kitchen.
Q. At the time you saw them was (sic) any one of them A. Gilberto Villarico, Sr. was on the right side; Ricky
saw you likewise? Villarico was on the left side and behind Gilberto
A. There was. Villarico, Sr. was Jerry Ramientos and behind Ricky
Q. Who was he? Villarico is (sic) Gilberto Villarico Jr.
A. Gilberto Villarico, Jr. Q. What were Ricky and Gilberto Villarico, Jr. doing at
Q. At that precise time when you saw them and one of the time?
them saw you, what did Villarico, Jr. do? A. They were also dropping themselves on the ground
A. He aimed his gun to me.65 and aimed their guns.
VOL. 647, APRIL 4, 2011 65 Q. To what particular object that they were aiming their
People vs. Villarico, Sr. guns?
Q. Could you possibly demonstrate that to the Court? A. To the door of our kitchen.
A. (Witness demonstrated by squatting position) Q. How about Ramientos, where was he at that time
Q. Now at that precise moment when you saw Villarico, when you saw the accused pointing their guns
Jr. on a squatting position pointing his gun at you, towards the door of your kitchen?66
what was the exact action that you did? SUPREME COURT REPORTS ANNOTATED
A. When he aimed his gun to me I immediately dropped People vs. Villarico, Sr.
to the ground. A. Ramientos was standing behind Gilberto Villarico
x x x Sr.49
Q. Since you were personally present could you still Likewise, Francisco saw the four accused in the same
remember Mrs. Cagatan how many gun burst you positions that Remedios had seen them moments prior to the
head at that precise moment when you dropped to shooting. He claimed that they were aiming their firearms at the
the ground because Villarico Jr. was aiming his gun kitchen and continued aiming their firearms even as they were
at you. How many gun burst did you hear? leaving the crime scene, viz.:
A. Three gunbursts. Atty. Fernandez:
Q. Let us go back to the time when Villarico, Jr. pointed x x x
his gun to you. Do you still remember what were the Q. Now you said that you saw all of the accused at the time
other accused doing or where were they at that when your late son Haide Cagatan was murdered in the
time? evening of August 8. Could you possibly explain to this
A. I can remember. Honorable Court at the very first time what did you see?
A. After I came from the toilet I was proceeding to the kitchen
Q. Please tell the Honorable Court.
because Haide was preparing food and he was calling for
dinner. When Haide Cagatan was calling for dinner and at themselves could not but reveal their deliberate design to thereby
the time I was proceeding to the door of the kitchen, when I ensure the accomplishment of their design to kill Haide without
was near the door I heard the gun shots. any possibility of his escape or of any retaliation from him. Aptly
Q. At the time when you heard gunshots, what did you do? did the CA observe:
A. I laid down flat on the ground while my head is (sic) “A perusal of the information shows that treachery was
looking up and there I saw the 3 Villaricos bringing properly alleged to qualify the killing of Heide [sic] Cagatan to
a revolver. They came from aiming their guns murder. The prosecution was likewise able to prove treachery
towards upstairs and they are about to withdraw through the element of surprise rendering the victim unable to
from that place together with Jerry Ramientos. defend himself. In this case, the evidence shows that the victim,
x x x who was in the kitchen preparing dinner, could be seen from the
Q. Now, since you said that you saw the accused outside through the holes of the wall. The witnesses consistently
Villaricos, could you possibly tell the Court, what described the kitchen’s wall as three feet high bamboo splits (sa
were their responsible position(s) in relation to the sa), accented with bamboo splits woven to look like a chessboard
door of the kitchen? with 4inch holes in between. The accusedappellants, likewise,
A. They were in shooting position as they aimed upward positioned themselves outside the kitchen door at night where the
victim could not see them. When the accusedappellants shot him,
and they were bringing revolver aiming upstairs.
he was caught unaware.”51
_______________
3.
49 TSN, March 29, 2000, pp. 56. Penalty and Damages
67
There is no question that the CA justly pronounced all the four
VOL. 647, APRIL 4, 2011 67
accused guilty beyond reasonable doubt of murder, and punished
People vs. Villarico, Sr.
them with reclusion perpetua pursuant to Article 24852 of
Q. In relation to the door of the kitchen, could you
the Revised Penal Code, in relation to Article 63,
possibly tell the Court what were their responsible
position at that time when you saw them?
_______________
A. The four of them were situated in front of the kitchen
door. Villarico Jr. and Villarico Sr. were facing each 50 TSN, March 10, 2000, pp. 57.
other while Ricky Villarico and Jerry Ramientos 51 CA Rollo, pp. 182183.
were also facing each other.50
52 Article 248. Murder.—Any person who, not falling within
The testimonies of Remedios and Francisco on how and where
the provisions of Article 246 shall kill another, shall be guilty of
the four accused had deliberately and strategically positioned
68 53 Article 2206. The amount of damages for death caused by
68 SUPREME COURT REPORTS ANNOTATED a crime or quasidelict shall be at least three thousand pesos,
People vs. Villarico, Sr. even though there may have been mitigating circumstances. In
paragraph 2, of the Revised Penal Code, considering the absence addition:
of any generic aggravating circumstance. (1) The defendant shall be liable for the loss of the earning
However, the CA did not explain why it did not review and capacity of the deceased, and the indemnity shall be paid to the
revise the grant by the RTC of civil liability in the amount heirs of the latter; such indemnity shall in every case be assessed
and awarded by the court, unless the deceased on account of
of only P50,000.00. Thereby, the CA committed a plainly
permanent physical disability not caused by the defendant, had
reversible error for ignoring existing laws, like Article 2206 of
no earning capacity at the time of his death;
the Civil Code,53 which prescribes a death indemnity sepa
(2) If the deceased was obliged to give support according to
the provisions of article 291, the recipient who is not an heir
_______________
called to the decedent’s inheritance by the law of testate or
intestate succession,
murder and shall be punished by reclusion perpetua to death, if 69
committed with any of the following attendant circumstances:
VOL. 647, APRIL 4, 2011 69
1. With treachery, taking advantage of superior strength, People vs. Villarico, Sr.
with the aid of armed men, or employing means to weaken the rately from moral damages, and Article 2230 of
defense or of means or persons to insure or afford impunity. the Civil Code,54 which requires exemplary damages in case of
2. In consideration of a price, reward, or promise. death due to crime when there is at least one aggravating
3. By means of inundation, fire, poison, explosion, circumstance; and applicable jurisprudence, specifically, People v.
shipwreck, stranding of a vessel, derailment or assault upon a Gutierrez,55 where we held that moral damages should be
railroad, fall of an airship, or by means of motor vehicles, or with awarded to the heirs without need of proof or pleading in view of
the use of any other means involving great waste and ruin. the violent death of the victim, and People v. Catubig,56
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a volcano, _______________
destructive cyclone, epidemic or other public calamity.
5. With evident premeditation. may demand support from the person causing the death, for a
6. With cruelty, by deliberately and inhumanly augmenting period not exceeding five years, the exact duration to be fixed by
the suffering of the victim, or outraging or scoffing at his person the court;
or corpse. (As amended by Section 6, Republic Act No. 7659,
approved on December 13, 1993).
(3) The spouse, legitimate and illegitimate descendants and 70
ascendants of the deceased may demand moral damages for 70 SUPREME COURT REPORTS ANNOTATED
mental anguish by reason of the death of the deceased. People vs. Villarico, Sr.
54 Art. 2230. In criminal offenses, exemplary damages as a where we ruled that exemplary damages were warranted
part of the civil liability may be imposed when the crime was whenever the crime was attended by an aggravating
committed with one or more aggravating circumstances. Such circumstance, whether qualifying or ordinary. Here, the
damages are separate and distinct from fines and shall be paid to aggravating circumstance of treachery, albeit attendant or
the offended party. qualifying in its effect, justified the grant of exemplary damages.
55 G.R. No. 188602, February 4, 2010, 611 SCRA 633. Plain oversight might have caused both the RTC and the CA
56 G.R. No. 137842, August 23, 2001, 363 SCRA 621, where to lapse into the serious omissions. Nonetheless, a rectification
the Court explained: should now be made, for, indeed, gross omissions, intended or not,
The term “aggravating circumstances” used by should be eschewed. It is timely, therefore, to remind and to
the Civil Code, the law not having specified exhort all the trial and appellate courts to be always mindful of
otherwise, is to be understood in its broad or generic and to apply the pertinent laws and jurisprudence on the kinds
sense. The commission of an offense has a two and amounts of indemnities and damages appropriate in criminal
pronged effect, one on the public as it breaches the cases lest oversight and omission will unduly add to the
social order and the other upon the private victim as sufferings of the victims or their heirs. Nor should the absence of
it causes personal sufferings, each of which is specific assignment of error thereon inhibit the sua
addressed by, respectively, the prescription of sponte rectification of the omissions, for the grant of all the proper
heavier punishment for the accused and by an kinds and amounts of civil liability to the victim or his heirs is a
award of additional damages to the victim. The matter of law and judicial policy not dependent upon or controlled
increase of the penalty or a shift to a graver felony by an assignment of error. An appellate tribunal has a broad
underscores the exacerbation of the offense by the discretionary power to waive the lack of proper assignment of
attendance of aggravating circumstances, whether errors and to consider errors not assigned,57 for technicality
ordinary or qualifying, in its commission. Unlike the should not be allowed to stand in the way of equitably and
criminal liability which is basically a State concern, completely resolving the rights and obligations of the parties.
Indeed, the trend in modern day procedure is to accord broad
the award of damages, however, is likewise, if not
discretionary power such that the appellate court may consider
primarily, intended for the offended party who
matters bearing on the issues submitted for resolution that the
suffers thereby. It would make little sense for an
parties failed to raise or that the lower court ignored.58
award of exemplary damages to be due the private Consistent with prevailing jurisprudence, we grant to the
offended party when the aggravating circumstance heirs of Haide P75,000.00 as death indemnity; 59P75,000.00 as
is ordinary but to be with
moral damages;60 and P30,000.00 as exemplary damages. 61 As statements and verbal acts. (Talidano vs. Falcon Maritime and
clarified in People v. Arbalate,62damages in such amounts are to Allied Services, Inc., 558 SCRA 279 [2008])
be granted whenever the accused are adjudged guilty of a crime
covered by Republic Act No. 7659, like the murder charged and ——o0o——
proved herein. Indeed, the Court, observing in People v.
Sarcia,63 citing People v. Salome64 and People v. Quiachon,65 that © Copyright 2018 Central Book Supply, Inc. All rights
the “principal consideration for the award of damages x x x is the reserved.
penalty provided by law or imposable for the offense because of its
heinousness, not the public penalty actually imposed on the
offender,” announced that:
“The litmus test[,] therefore, in the determination of the civil
indemnity is the heinous character of the crime committed, which
would have warranted the imposition of the death penalty, VOL. 207, MARCH 23, 1992 461
regardless of whether the penalty actually imposed is reduced Philippine Airlines, Inc. vs. Ramos
to reclusion perpetua.” G.R. No. 92740. March 23, 1992.*
WHEREFORE, we affirm the decision promulgated on June 6, PHILIPPINE AIRLINES, INC., petitioner, vs. JAIME M.
2003 in CAG.R. CR No. 24711, finding GILBERTO VILLARICO, RAMOS, NILDA RAMOS, ERLINDA ILANO, MILAGROS
SR., GILBERTO VILLARICO, JR., JERRY RAMENTOS, and ILANO, DANIEL ILANO AND FELIPA JAVALERA,
RICKY VILLARICO guilty of murder and sentencing each of respondents.
them to suffer reclusion perpetua, subject to the modification that Evidence; Documentary evidence; Writing or document made
they are held jointly and solidarily liable to pay to the heirs of the contemporaneously with transaction regarded as more reliable
late Haide Cagatan death indemnity of P75,000.00, moral
proof than oral testimony.—In the absence of any controverting
damages of P75,000.00, and exemplary damages of P30,000.00.
evidence, the documentary evidence presented to corroborate the
The accused shall pay the costs of suit.
SO ORDERED. testimonies of PAL’s witnesses are prima facie evidence of the
truth of their allegations. The plane tickets of the private
CarpioMorales (Chairperson), Brion, Villarama,
respondents, exhs. “1,” “2,” “3,” “4,” (with emphasis on the printed
Jr.and Sereno, JJ., concur.
condition of the contract of carriage regarding checkin time as
Judgment affirmed. well as on the notation “late 4:02” stamped on the flight coupon by
Note.—Section 42 of Rule 130 of the Rules of Court mentions the checkin clerk immediately upon the checkin of private
two acts which form part of the res gestae, namely: spontaneous respondents) and the passenger Manifest of Flight PR 264, exh.
“5,” (which showed the nonaccommodation of Capati and Go and
the private respondents) are entries made in the regular course of action or inaction and the ensuing cancellation of their tickets by
business which the private respondents failed to overcome with PAL is only proper.
substantial and convincing evidence other than their testimonies.
Consequently, they carry more weight and credence. A writing or PETITION for review on certiorari of the decision of the Court of
Appeals.
_______________
The facts are stated in the opinion of the Court.
*
FIRST DIVISION. Ricardo V. Puno, Jr., Caesar R. Dulay & Marceliano C.
462 Calica for petitioner.
4 SUPREME COURT REPORTS ANNOTATED Marcos L. Estrada, Jr. for private respondents.
62
Philippine Airlines, Inc. vs. Ramos MEDIALDEA, J.:
document made contemporaneously with a transaction in
which are evidenced facts pertinent to an issue, when admitted as This petition for review on certiorari seeks to reverse the decision
proof of those facts, is ordinarily regarded as more reliable proof of the Court of Appeals dated March 15, 1990 affirming in toto the
and of greater probative force than the oral testimony of a witness decision of the Regional Trial Court of Imus, Cavite, Branch 21,
as to such facts based upon memory and recollection (20 Am Jur S directing the Philippine Airlines, Inc. (PAL, for short) to pay the
1179, 1029 cited in Francisco, Revised Rules of Court in the private respondents the amounts specified therein as actual,
Philippines Annotated, 1973 Edition, Volume VII, Part II, p. 654). moral and temperate damages as well as attorney’s fees and
Same; Same; Exception to hearsay rule; Res gestae.—The expenses of litigation.
hearsay rule will not apply in this case as statements, acts or The antecedent facts are briefly recounted by the appellate
conduct accompanying or so nearly connected with the main court, as follows:
transaction as to form a part of it, and which illustrate, elucidate, 463
qualify or characterize the act, are admissible as part of the res VOL. 207, MARCH 23, 1992 463
gestae (32 C.J.S., S. 411, 3031). Philippine Airlines, Inc. vs. Ramos
“Plaintiffs Jaime Ramos, Nilda Ramos, Erlinda Ilano, Milagros
Common carriers; Contract of carriage; Passengers bound by
Ilano, Daniel Ilano and Felipa Javalera, are officers of the Negros
conditions of contract.—When the private respondents purchased
Telephone Company who held confirmed tickets for PAL Flight
their tickets, they were instantaneously bound by the conditions
No. 264 from Naga City to Manila on September 24, 1985,
of the contract of carriage particularly the checkin time
scheduled to depart for Manila at 4:25 p.m. The tickets were
requirement. The terms of the contract are clear. Their failure to
bought sometime in August 1985. Among the conditions included
come on time for checkin should not militate against PAL. Their
in plaintiff’s tickets is the following:
nonaccommodation on that flight was the result of their own
‘1. CHECKIN TIME—Please check in at the Airport Passenger 3. “3)P20,000.00—for each of the plaintiffs for moral and
checkin counter at least one hour before PUBLISHED departure temperate damages; and
time of your flight. We will consider your accommodation forfeited
in favor of waitlisted passengers if you fail to checkin at least 30 4. “4)P5,000.00—for attorney’s fees and expenses of
minutes before PUBLISHED departure time. (Exhs. (1AA, 2A litigation.”
1, SA, OA1, tsn, Nov. 23, 1987, p. 8).’
“Plaintiffs claim in their Complaint that they went to the (Rollo, pp. 3536)
checkin counter of the defendant’s Naga branch at least one (1) PAL appealed to the Court of Appeals. On March 15, 1990, the
hour before the published departure time but no one was at the appellate court rendered a decision, the dispositive portion of
counter until 30 minutes before departure, but upon checkingin which, reads:
and presentation of their tickets to the employee/clerk who “WHEREFORE, the decision appealed from is AFFIRMED in
showed up, their tickets were cancelled and the seats awarded to toto,with costs against appellant.
chance passengers; plaintiffs had to go to Manila by bus, and seek “SO ORDERED.” (Rollo, p. 42)
actual, moral and exemplary damages, and attorney’s fees for Hence, this present petition with the following legal questions:
breach of contract of carriage.
“Defendant disclaims any liability, claiming that the non 1. “1.Can the Honorable Court of Appeals validly
accommodation of plaintiffs on said flight was due to their having promulgate the questioned decision by the simple
checkin (sic) late for their flight. It is averred that even if expedient of adopting in toto the trial court’s finding that
defendant is found liable to the plaintiffs such liability is confined defendantappellant is liable for damages on the sole
to, and limited by, the CAB Economic Regulations No. 7 in issue of credibility of witnesses without considering the
conjunction with P.D. 589. material admissions made by the plaintiffs and other
The trial court rendered judgment finding defendant guilty of evidence on record that substantiate the defense of
breach of contract of carriage in bumpingoff the plaintiffs from defendantappellant.
its F264 flight of September 25, 1985, and ordered defendant to
pay: 2. “2.Can the Honorable Court award legally moral and
temperate damages plus attorney’s fees of P5,000.00
1. “1)P1,250.20—the total value of the tickets; contrary to the evidence and established jurisprudence.”
(Rollo, p. 9)
2. “2)P22.50—the total value of airport security fees and
terminal fees; Under Section 1, Rule 131 of the Rules of Court, each party in a
case is required to prove his affirmative allegations. In civil cases,
the degree of evidence required of a party in order to support his
claim is preponderance of evidence or that evidence adduced by flight is not fully booked and seats are available (ibid, pp. 1718).
one party which is more conclusive and credible than that of the On September 24, 1985, flight 264 from Naga to Manila was fully
other party (Stronghold Insurance Company, Inc. vs. Court of booked owing to the Peñafrancia Festival (TSN, January 25,
Appeals, et al., G.R. No. 83376, May 29, 1989, 173 SCRA 619, 1988, p. 5). In addition, PAL morning flights 261 and 262 were
625). cancelled resulting in a big number of waitlisted passengers.
The case at bar presents a simple question of fact: Whether or (TSN, November 23, 1987, p. 6).
not the private respondents were late in checkingin for their The private respondents claim that they were on time in
flight from Naga City to Manila on September 24, 1985. It is checkingin for their flight; that no PAL personnel attended to
immediately apparent from the records of this case that the them until much later which accounted for their late checkin;
claims of the parties on this question are dramatically opposed. that PAL advanced the checkin time and the departure of their
As a rule, the determination of a question of fact depends largely flight resulting in their nonaccommodation; and that they
on the credibility of witnesses unless some documentary evidence suffered physical difficulties, anxieties and business losses.
is available which clearly substantiates the issue and whose The evidence on record does not support the above
genuineness and probative value is not disputed (Legarda v. contentions. We note that there were two other confirmed
Miaile, 88 Phil. 637, 642). The exception to the rule now runs true passengers who came ahead of the private respondents but were
in this case. refused accommodation because they were late. Edmundo
We reverse. This case once more illustrates Our power to Araquel, then the checkinclerk, testified on this point, as
reweigh the findings of lower courts when the same are not follows:
supported by the record or not based on substantial evidence “Atty. Marcelino C. Calica, counsel for PAL
(see Cruz v. Villarin, G.R. No. 75679, January 12, 1990, 181 Q Before the plaintiffs arrive (sic) at the checkin counter, do you recall if there
SCRA 53, 61). were other passengers who arrived at the counter and they were advised that
It is an admitted fact that the private respondents knew of the
they were late?
required checkin time for passengers. The time requirement
A Yes, sir.
is prominently printed as one of the conditions of carriage on their
Q Who were those persons?
tickets, i.e., that the airport passenger should checkin at least
A My former classmates at Ateneo, sir, Rose Capati and Go, Merly.
one hour before published departure time of his flight and PAL
shall consider his accommodation forfeited in favor of waitlisted Q Were these two passengers also confirmed passengers on this flight?
passengers if he fails to checkin at least 30 minutes. A Yes, sir.
We note that while the aforequoted condition has always been Q I show to you a document which is entitled ‘Passenger Manifest of flight
applied strictly and without exception (TSN, December 16, 1987, 264, September 24, 1985,’ which we request to be marked as Exh. ‘5’ you
p. 11), the station manager, however, may exercise his discretion said earlier that aside
to allow passengers who checkedin late to board provided the
from the plaintiffs here there were two other passengers who A Yes, sir.
also checked in but they were also late and you mentioned the Q I am showing to you Exhs. ‘A,’ ‘B,’ ‘C,’ and ‘D,’ which are the tickets of
names of these passengers as Capati and Go, please point to Mr. & Mrs. Jaime Ramos for Exh. ‘A,’ Exh. ‘B’ ticket of Mr. & Mrs.
us that entry which will show the names of Go and Capati??
Daniel Ilano, ‘C’ ticket of Felipa Javalera and ‘D’ ticket of Erlinda Ilano,
A Here, sir, numbers 13 and 14 of the Manifest.
will you please go over the same and point to us the notations you said you
“ATTY. CALICA: We request that passengers 13 and 14 be
467
marked in evidence, Go for 13 and Capati for 14 as Exh. ‘5A.’
Q You said that these two passengers you mentioned were also VOL. 207, 467
similarly denied accommodations because they checked in MARCH 23,
late, did they check in before or after the plaintiffs? 1992
A Before, sir. Philippine Airlines, Inc. vs. Ramos
Q What time did they appear at the counter? made on these tickets?
A 4:01 p.m., sir. A This particular time, sir. (Witness pointing to the notation
Q What happened when they checked in at 4:01?
‘Late’ and the time ‘4:02’ appearing at the upper righthand of
A I told them also that they were late so they cannot be
the tickets Exhs. ‘A,’ ‘B,’ ‘C,’ and ‘D.’)
accommodated and they tried to protest, but they decided later
on just to refund the ticket.” (TSN of November 23, 1987, pp. Q How long did it take after the tickets were tendered to you for
1112) checking in and before you made this notation?
Shortly after, the private respondents followed the aforesaid two A It was just seconds, sir.
passengers at the counter. At this juncture, Araquel declared, Q On the tickets being tendered for checkin and noting that they
thus: were late, you mean to say you immediately made
“Q Now, you said that you met the plaintiffs in this case because they were annotations?
passengers of Flight 264 on September 24, 1985 and they were not A Yes, sir. That is an S.O.P. of the office.
accommodated because they checked in late, what time did these plaintiffs Q So on what time did you base that 4:02?
check in? A At the checkin counter clock, sir.
A Around 4:02 p.m., sir. Q At the time you placed the time, what was the time reflected at
Q Who was the clerk at the check in counter who attended to them? the counter clock?
A I was the one, sir. A 4:02, sir.” (ibid, pp. 811)
x x x The private respondents submitted no controverting evidence. As
Q You said when you were presented the tickets of the plaintiffs in this case clearly manifested above, the intervening time between Capati
and noting that they were late for checking in, immediately after advising and Go and the private respondents took only a mere second. If
them that they were late, you said you made annotation on the tickets? indeed, the private respondents were at the checkin counter at
3:30 p.m., they could have been the first ones to be attended to by many times. Everytime that you checkin, how many personnel are
Araquel than Capati and Go. They could have also protested if manning the checkin counter?
they were the earliest passengers at the counter but were ignored A There are about three (3) or four (4), sir.
by Araquel in favor of Go and Capati. They did not.
Q Everytime, there are three (3) or four (4)?
It is likewise improbable that not a single PAL personnel was
A Everytime but not that time.
in attendance at the counter when the checkin counter was
supposed to be opened at 3:25 p.m. It must be remembered that Q I am referring to your previous trips, I am not referring to this incident.
the morning flight to Manila was cancelled and hence, it is not On previous occasions when you took the flight with Pili Airport and you
farfetched for Us to believe that the PAL personnel then have see three (3) or four (4) personnel everytime, are all these three (3) or four
their hands full in dealing with the passengers of the morning (4) personnel at the counter or some are standing at the counter or others
flight who became waitlisted passengers. Moreover, the emphatic are seated on the table doing something or what? Will you describe to us?
assertions of private respondent Daniel Javalora Ilano regarding Q Some are handling the baggages and some are checkingin the tickets.
the absence of a PAL personnel lost its impact during the cross
Q So, on most occasions when you checkin and say, there were at least three
examination:
(3) of four (4) people at the checkin counter, one would attend to the
“ATTY. CALICA—
tickets, another to the check in baggage, if any. Now, do you notice if
Q So, you maintain therefore that for all the time that you waited there for the
somebody evade when you checkin your ticket. This other person would
whole twenty (20) minutes the checkin counter and other PAL Offices there
receive the flight coupon which is detached from your ticket and record it
—the whole counter was completely unmanned? I am referring to the whole
on what we call passenger manifest?
468
A That’s true.
468 SUPREME COURT REPORTS ANNOTATED
Q Now, it is clear one would attend to the baggage, another person would
Philippine Airlines, Inc. vs. Ramos
receive the ticket, detach the coupon and one would record it on the
area there where it is enclosed by a counter.
passenger manifest. What about the fourth, what was he doing, if you
I will describe to you, for the benefit of the court.
recall?
When you approach the counter at Naga Airport, the counter is enclosed, I
A I think, putting the identification tags on the baggages (sic).” (TSN,
mean, you cannot just go inside the PAL office, right? there is some sort of
November 17, 1986, p. 38)
counter where you deal with the PAL personnel and you approximate this
Ilano’s declaration becomes even more patently unreliable in the
counter to be five (5) to six (6) meters. Now, this space after the counter, face of the Daily Station Report of PAL dated September 24, 1985
did you observe what fixtures or enclosures are contained there inside the which contained the working hours of its personnel from
enclosed space? 469
A I am not sure whether there are offices or enclosures there. VOL. 207, MARCH 23, 1992 469
Q You have been travelling and had opportunity to checkin your tickets so Philippine Airlines, Inc. vs. Ramos
0600 to 1700 and their respective assignments, as follows: personnel at the airport?
“ATTY. CALICA A Yes, sir.
Q Normally upon opening of the checkin counter, how many PAL personnel Q I show to you a daily station report for 24 September 1985 covering working
are assigned to man the counter? hours 0600 to 1700, will you please go over the same and thereafter tell us
“EDMUNDO ARAQUEL from the personnel listed in this Daily Station Report what were the name
A A total of four personnel with the assistance of others. (sic) of the personnel assigned to man the checkin counter at that time?
Q Who are these personnel assigned to the counter and what specific duties A There (sic) persons assigned were Mr. Oropesa, Mr. Espiritu,
they performed? Mr. Medevilla, myself and Mr. Valencia.
A Mr. Oropesa handled the cargo, Mr. Espiritu handled the ticketing, Mr. Q You mentioned about Mr. Espiritu, what was his specific task
Valencia and me handled the checking in of passengers. at that time?
A He was handling the ticketing, sir.
Q Are you referring to this particular flight 264 on September 24, 1985?
Q What about Mr. Medevilla?
A Yes, sir.
A He was taking care of the ramp handling.
Q Who was assigned as checkin clerk that particular time? Q And Mr. Oropesa?
A I was the one with Mr. Valencia, sir. A He was handling the incoming cargo.
Q What was Mr. Valencia doing? “ATTY. CALICA: We request that this Daily Station Report be
A He assisted me, sir. marked Exh. ‘6’ and the portion of the Report which shows the
Q How? deployment of personnel of PAL Naga Station on September
A If a group of passengers simultaneously check in, we divided the work 24, 1985 as ‘6A.’
Q Plaintiffs in this case testified that when they checked in there
between us. (TSN, November 23, 1987, p. 7)
was nobody manning the counter and they had to wait for
“x x x
twenty minutes before someone came in to the counter, what
Q When the plaintiffs testified in this case particularly plaintiff Daniel Ilano can you say to that?
and Felipa Javalera at the previous hearings said plaintiffs stated that they A It is not true because all the time we were there from the start,
arrived at the checkin counter at about 3:25 or 3:30 and there was nobody in an hour before the flight we were there because we were
the counter, what can you say to that? assigned there.
A We cannot leave the counter, sir. That was always manned from 3:25 up to Q Plaintiff Daniel Ilano testified that he went to the counter
the last minute. We were there assigned to handle the checking in of twice, first at 3:25 and it was only at 4:00 p.m. that somebody
passengers. went to the counter and attended to him and while he
expected his boarding pass he was told instead that plaintiffs
Q You mentioned earlier that aside from you there were other personnel
could not be accommodated because they were late, what can
assigned to the checkin counter and you even mentioned about a certain
you say to that?
Valencia assisting you, do you have any evidence to show said assignment of
A The truth is we were always there and we never left the Philippines Annotated, 1973 Edition, Volume VII, Part II, p. 654).
counter from the start of the checkin time of 3:25 we were all Spoken words could be notoriously unreliable as against a written
there, we never left the counter. document that speaks a uniform language (Spouses Vicente and
Q Until what time did you remain at the checkin counter? Salome de Leon v. CA, et al., G.R. No. 95511, January 30, 1992).
A At around 4:15 p.m., sir. This dictum is amply demonstrated by the diverse allegations of
Q You said that the checkin counter was closed at 3:55, for what the private respondents in their complaint (where they claimed
purpose were you still manning the checkin counter? that no one was at the counter until thirty (30) minutes before the
A To attend to the passengers who are late in checking in because published departure time and that the employee who finally
they also need assistance in explaining to them the situation. attended to them marked them late, Records, p. 2) and in their
Q So it was for that purpose you were there?
testimonies (where they contended that there were two different
A Yes, sir.” (ibid., pp. 1618)
PAL personnelwho attended to them at the checkin counter,
It is significant to note that there were no other passengers who
checkedin late after the private respondents (TSN, November 23, TSNs of November 17, 1986, pp. 4145 and of May 18, 1987, pp. 5
1987, p. 13). In the absence of any controverting evidence, the 6). Private respondents’ only objection to these documents is that
documentary evidence presented to corroborate the testimonies of they are selfserving cannot be sustained. The hearsay rule will
not apply in this case as statements, acts or conduct
PAL’s witnesses are prima facie evidence of the truth of their
accompanying or so nearly connected with the main transaction
allegations. The plane tickets of the private respondents, exhs.
as to form a part of it, and which illustrate, elucidate, qualify or
“1,” “2,” “3,” “4,” (with emphasis on the printed condition of the
characterize the act, are admissible as part of the res gestae (32
contract of carriage regarding checkin time as well as on the
notation “late 4:02” stamped on the flight coupon by the checkin C.J.S., S. 411, 3031). Based on these circumstances, We are
clerk immediately upon the checkin of private respondents) and inclined to believe the version of PAL. When the private
the passenger Manifest of Flight PR 264, exh. “5,” (which showed respondents purchased their tickets, they were instantaneously
the nonaccommodation of Capati and Go and the private bound by the conditions of the contract of carriage particularly
respondents) are entries made in the regular course of business the checkin time requirement. The terms of the contract are
which the private respondents failed to overcome with substantial clear. Their failure to come on time for checkin should not
and convincing evidence other than their testimonies. militate against PAL. Their nonaccommodation on that flight
Consequently, they carry more weight and credence. A writing or was the result of their own action or inaction and the ensuing
document made contemporaneously with a transaction in which cancellation of their tickets by PAL is only proper.
are evidenced facts pertinent to an issue, when admitted as proof Furthermore, We do not find anything suspicious in the fact
of those facts, is ordinarily regarded as more reliable proof and of that PAL flight 264 departed at 4:13 p.m. instead of 4:25 p.m.
greater probative force than the oral testimony of a witness as to Apart from their verbal assertions, the private respondents did
such facts based upon memory and recollection (20 Am Jur S not show any evidence of irregularity. It being clear that all the
passengers have already boarded, there was no sense in keeping
1179, 1029 cited in Francisco, Revised Rules of Court in the
them waiting for the scheduled time of departure before the plane _______________
could take flight.
ACCORDINGLY, the petition is GRANTED. The questioned *
SECOND DIVISION.
decision of the Court of Appeals dated March 15, 1990 is hereby 44
ANNULLED and SET ASIDE. No costs. 4 SUPREME COURT REPORTS ANNOTATED
SO ORDERED. 4
Narvasa (C.J.), Cruz and GriñoAquino, JJ., concur. Lao vs. Standard Insurance Co., Inc.
Bellosillo, J., On leave. need not be proved. But a complainant must still show that
Petition granted; decision annulled and set aside. he is entitled to moral, temperate or compensatory damages
before the court may consider the question of whether or not
VOL. 409, AUGUST 14, 2003 43 exemplary damages should be awarded.
Lao vs. Standard Insurance Co., Inc.
PETITION for review on certiorari of a decision of the Court of
G.R. No. 140023. August 14, 2003.* Appeals.
RUDY LAO, petitioner, vs. STANDARD INSURANCE CO., INC.,
respondent. The facts are stated in the opinion of the Court.
Evidence: Documentary Evidence; Police Blotter; A police William P. Demaisip for petitioner.
blotter is admissible if the following requisites are met.—The The Law Office of Mirano, Mirano & Mirano for private
police blotter was admitted under Rule 130, Section 44 of the respondent.
Rules of Court. Under the said rule, the following are the
requisites for its admissibility: (a) that the entry was made by a QUISUMBING, J.:
public officer, or by another person, specially enjoined by law to
do so; (b) that it was made by the public officer in the performance The instant petition seeks the reversal of the Court of Appeals’
of his duties, or by such other person in the performance of a duty Decision1 dated February 4, 1999, as well as its Resolution, 2 dated
specially enjoined by law; (c) that the public officer or other September 7, 1999, in CAG.R. CV No. 47227. The assailed
person had sufficient knowledge of the facts by him stated, which decision dismissed petitioner’s appeal and the resolution denied
must have been acquired by him personally or through official petitioner’s motion for reconsideration.
information. The original action was lodged before the Regional Trial Court
Damages: Exemplary Damages; Although exemplary of Iloilo City, Branch 25, as Civil Case No. 17045 for breach of
damages cannot be recovered as a matter of right, they also need contract and damages, as a result of the insurance company’s
not be proved.—Although exemplary damages cannot be recovered refusal of petitioner’s claim on the insurance policy of his truck
as a matter of right, they also which figured in an accident during the effectivity of the policy.
The following are the antecedent facts: addition, respondent cited the following excerpts from the police
Petitioner Rudy Lao is the owner of a Fuso truck with Plate blotter of the Iloilo INP, to wit:
No. FCG538. The truck was insured with respondent Standard CUN85 DAMAGE TO PROPERTY W/ PHY INJURIES—
Insurance Co., Inc. under Policy No. CV21074 3for the maximum R/IMPRUDENCE
amount of P200,000 and an additional sum of P50,000 to cover 11:30 PM—Sgt. A. Bernas informed this office that a collision
any damages that might be caused to his goods. took place at Brgy. Buhang, Jaro, IC. Investigation conducted by
While the policy was in effect, an accident occurred. At around Pat. Villahermosa, assisted by Lt. P. Baclaron (OD), disclosed
8:00 p.m. of April 24, 1985, in Barangay Buhang, Jaro, Iloilo City, that at about 8:00 PM this date at the aforementioned place, a
the insured truck bumped another truck, with Plate No. FBS917, collision took place between a truck (Hino) with Plate Nr FB[S]
also owned by petitioner Lao. The latter truck was running ahead 917 owned by Rudy Lao and driven by BOY GIDDIE Y COYEL,
of the insured truck and was bumped from the rear. The insured 38 yrs., a res. of Balasan, Iloilo, with License Nr DLR 1108142
and another truck with Plate Nr. FCG538 owned by Rudy Lao
_______________ and driver (sic) by LEONARDO ANIT Y PANES, 33 yrs, a res, of
Brgy Lava, Balasan, Iloilo with License Nr 1836482 . . . .
1
Rollo, pp. 5664.
(Emphasis supplied.)6
2
Id., at pp. 7879.
3
Records, pp.67. _______________
45
VOL. 409, AUGUST 14, 2003 45 Id., at p. 195; Restriction Code 2.
4
Lao vs. Standard Insurance Co., Inc. Id., at p. 121; AUTHORIZED DRIVER:
5
truck sustained damages estimated to be around P110,692, while Any of the following:
the damage to the other truck and to properties in the vicinity of
the accident, were placed at P35,000 more or less.
1. (a)The insured
Petitioner filed a claim with the insurance company for the
proceeds from his policy. However, the claim was denied by the
2. (b)Any person driving on the Insured’s order or with his
insurance company on the ground that when its adjuster went to
permission.
investigate the matter, it was found that the driver of the insured
truck, Leonardo Anit, did not possess a proper driver’s license at
the time of the accident. The restriction 4 in Leonardo Anit’s Provided that the person driving is permitted, in accordance
driver’s license provided that he can only drive fourwheeled with the licensing law or other regulations, to drive the Scheduled
vehicles weighing not more than 4,500 kgs. Since the insured vehicle, or has been permitted and is not disqualified by order of a
truck he was driving weighed more than 4,500 kgs., he therefore Court of Law or by reason of any enactment or regulation—that
violated the “authorized driver” clause5 of the insurance policy. In behalf, provided that for Sections I and II only of this Policy an
authorized driver shall include a duly licensed driver whose On appeal with the Court of Appeals, the RTC decision was
license at the time of the accident had expired. (Emphasis affirmed. The petition was dismissed and the motion for
supplied.) reconsideration was denied. The CA stated:
6
Records, p. 193. IN VIEW OF THE FOREGOING, the decision appealed from is
46 hereby AFFIRMED. Consequently, the complaint is DISMISSED
46 SUPREME COURT REPORTS ANNOTATED for lack of merit.
Lao vs. Standard Insurance Co., Inc. SO ORDERED.”9
Petitioner claims that at the time of the accident, it was in fact In his petition for review now before us, petitioner cites the
another driver named Giddie Boy Y Coyel who was driving the following as grounds therefor:
insured truck. Giddie Boy possessed a driver’s license authorizing
him to drive vehicles such as the truck which weighed more than 1. A.THE HONORABLE COURT OF APPEALS AND THE
4,500 kgs. As evidence, petitioner presented the Motor Vehicle LOWER COURT RELIED MAINLY ON SECTION 44,
Accident Report7wherein the Investigating Officer, Pat. Felipe D. RULE 130 OF THE RULES OF COURT IN
Villahermosa, stated that it was Giddie Boy driving the insured UPHOLDING THE ENTRY IN THE POLICE BLOTTER
truck and not Leonardo Anit. The said report was made three WHICH STATED THAT THE DRIVER OF THE
days after the accident or on April 27, 1985. However, respondent INSURED VEHICLE
insurance company was firm in its denial of the claim.
Hence, petitioner filed the civil case before the RTC. After _______________
trial, the court disposed of the case as follows:
“WHEREFORE, premises considered, the Court finds that 7
Id., at p. 11.
plaintiff lacks sufficient cause of action against the defendant and 8
Rollo, p. 30.
hence ordered his case dismissed and further orderes (sic) him to 9
Id., at p. 63.
pay the defendant the following: 47
VOL. 409, AUGUST 14, 2003 47
1. 1)P20,000.00 as attorney’s fees plus P500.00 for Lao vs. Standard Insurance Co., Inc.
appearance fee; and
1. WAS LEONARDO ANIT Y PANES, WHO WAS NOT AN
2. 2)P50,000.00 as exemplary damages. AUTHORIZED DRIVER. UNDER THE SAID SECTION
44, RULE 130 ITSELF HOWEVER, THE POLICE
SO ORDERED.8 BLOTTER IS MERELY A PRIMA FACIE EVIDENCE
OF THE FACTS STATED THEREIN WHICH MAY BE
NULLIFIED BY OTHER EVIDENCE;10
2. B.PERCEPTION OF THE HONORABLE COURT OF JURISPRUDENCE ESTABLISHED BY THIS
APPEALS’ ON THE “DIMINISHED” CREDIBILITY OF HONORABLE SUPREME COURT AS WELL AS
PAT. FELIPE VILLAHERMOSA, THE TRAFFIC CLEAR MISAPPREHENSION OF THE FACTS IN
POLICE INVESTIGATOR, IS MISPLACED AND THIS CASE.15
UNFOUNDED;11
Three issues must be resolved: (1) The admissibility and
3. C.THE DRIVER OF THE INSURED TRUCK WITH probative value of the police blotter as evidence; (2) The
PLATE NR. FCG538 WAS GIDDIE BOY Y COYEL, AN assessment of the credibility of witnesses; and (3) The propriety
AUTHORIZED DRIVER OF THE SAID TRUCK. THE and basis of the
DRIVER OF THE OTHER TRUCK INVOLVED IN THE
ACCIDENT WITH PLATE NR. FBS917 WAS _______________
LEONARDO ANIT Y PANES;12
10
Id., at p. 10.
4. D.THE HONORABLE COURT OF APPEALS
11
Id., at p. 12.
MISAPPLIED ARTICLES 2232 AND 2208 OF THE
12
Id., at p. 13.
NEW CIVIL CODE IN GRANTING EXEMPLARY 13
Id., at p. 15.
DAMAGES AND ATTORNEY’S FEES TO 14
Id., at p. 17.
RESPONDENT. UNDER ARTICLES 2229 AND 2234 15
Id., at p. 19.
OF THE NEW CIVIL CODE, EXEMPLARY DAMAGES 48
CANNOT BE AWARDED IN THE ABSENCE OF AN
48 SUPREME COURT REPORTS ANNOTATED
AWARD FOR MORAL, TEMPERATE, LIQUIDATED
OR COMPENSATORY DAMAGES;13 Lao vs. Standard Insurance Co., Inc.
awards for exemplary damages and attorney’s fees. Also pertinent
here is the factual issue of whether or not Leonardo Anit, an
5. E.TESTIMONIES OF THE WITNESSES OF unauthorized driver, was driving the insured truck at the time of
RESPONDENT NAMELY, SGT. BERNAS, THE DESK
the accident.
OFFICER AND ROMEO GUIERGEN, INSURANCE
Petitioner assails the admissibility and evidentiary weight
ADJUSTER, WERE INCONSISTENT AND
given to the police blotter, as a basis for the factual finding of the
UNRELIABLE;14 and
RTC and the CA. He contends that the same entry was belied by
the Motor Vehicle Accident Report and testimony of the
6. F.THE HONORABLE COURT OF APPEALS UPHELD investigating policeman himself, attesting that it was Giddie Boy
THE DECISION OF THE LOWER COURT DESPITE Coyel, not Leonardo Anit, who was driving the insured vehicle. 16
GLARING MISAPPLICATION OF THE LAW AND
Respondent avers that the same police report and testimony officer of the Philippines, or by a person in the performance of a
were of dubious nature. Both trial and appellate courts noted that duty specially enjoined by law, are prima facie evidence of the
the report was made three days after the accident and did not facts therein stated.
form part of the official police records.17 19
Africa v. Caltex (Phil.) Inc., 123 Phil. 272, 277; 16 SCRA
The police blotter was admitted under Rule 130, Section 44 of 448 (1966).
the Rules of Court.18 Under the said rule, the following are the 20
People v. Dy, G.R. No. L74517, 23 February 1988, 158
requisites for its admissibility:
SCRA 111, 125.
49
1. (a)that the entry was made by a public officer, or by
VOL. 409, AUGUST 14, 2003 49
another person, specially enjoined by law to do so;
Lao vs. Standard Insurance Co., Inc.
evidence of the fact therein stated, and their probative value may
2. (b)that it was made by the public officer in the
be either substantiated or nullified by other competent
performance of his duties, or by such other person in the
evidence.21 Although police blotters are of little probative value,
performance of a duty specially enjoined by law;
they are nevertheless admitted and considered in the absence of
competent evidence to refute the facts stated therein.
3. (c)that the public officer or other person had sufficient In this case, the entries in the police blotter reflected the
knowledge of the facts by him stated, which must have information subject of the controversy. Stated therein was the
been acquired by him personally or through official fact that Leonardo Anit was driving the insured truck with plate
information.19
number FCG538. This is unlike People v. Mejia,22 where we said
that “entries in the police blotters should not be given undue
We agree with the trial and appellate courts in finding that the
significance or probative value,” since the Court there found that
police blotter was properly admitted as they form part of official
“the entries in question are sadly wanting in material
records.20 Entries in police records made by a police officer in the
particulars”.
performance of the duty especially enjoined by law are prima Furthermore, in this case the police blotter was identified and
facie formally offered as evidence. The person who made the entries
was likewise presented in court; he identified and certified as
_______________ correct the entries he made on the blotter. The information was
supplied to the entrant by the investigating officer who did not
16
Rollo, pp. 1011. protest about any inaccuracy when the blotter was presented to
17
Id., at p. 171. him. No explanation was likewise given by the investigating
18
Rule 130, Section 44. Entries in official records.—Entries in officer for the alleged interchange of names.
official records made in the performance of his duty by a public
Petitioner also assails the credence given by the trial court to instituting the claim for damages. Perforce, the award of
the version of the respondents visàvis the testimonies of the attorney’s fees was improper.
witnesses. Time and again we have reiterated the settled doctrine WHEREFORE, the assailed Decision and Resolution of the
that great weight, and even finality, is given to the factual Court of Appeals are AFFIRMED, with the MODIFICATION that
conclusions of the Court of Appeals which affirm those of the trial the award of exemplary damages and attorney’s fees is hereby
courts.23 We find on this score no reason to overturn such DELETED. No pronouncement as to costs.
conclusions. SO ORDERED.
On the issue of damages, we agree with petitioner that the Bellosillo (Chairman), AustriaMartinez and Tinga,
award of exemplary damages was improper. In Tiongco v. Atty. JJ., concur.
Deguma24 we held that the entitlement to the recovery of Callejo, Sr., J., On leave.
exemplary damages must be shown. In the case at bar, Judgment and resolution affirmed with modification.
respondent have not shown sufficient evidence that petitioner Note.—The testimonies of the three police officers carry with
indeed schemed to procure the dubious documents and lied it the presumption of regularity in the performance of official
through his teeth to establish his version of the facts. What was functions. (People vs. Barita, 325 SCRA 22 [2000])
found was that the document he presented was inadmissible, and
its contents were dubious. However, no proof was adduced to ——o0o——
sufficiently establish that it came to his hands through his
employment of underhanded means. In Tiongco, we further G.R. No. 193261. April 24, 2012.*
stated: MEYNARDO SABILI, petitioner, vs. COMMISSION ON
Although exemplary damages cannot be recovered as a matter of ELECTIONS and FLORENCIO LIBREA, respondents.
right, they also need not be proved. But a complainant must still Election Law; Election Protests; The additional rule
show that he is entitled to moral, temperate or compensatory
requiring notice to the parties prior to promulgation of a decision
damages before the court may consider the question of whether or
not exemplary damages should be awarded.25 is not part of the process of promulgation.—In Lindo v.
Thus, it was error for the courts below to award exemplary Commission on Elections, 194 SCRA 25 (1991), petitioner claimed
damages in the absence of any award for moral, temperate or that there was no valid promulgation of a Decision in an election
compensatory damages. protest case when a copy thereof was merely furnished the
The award of attorney’s fees must also be deleted. Such award parties, instead of first notifying the parties of a set date for the
was given in its extraordinary concept as indemnity for damages promulgation thereof, in accordance with Section 20 of Rule 35 of
to be paid by the losing party to the prevailing party. 26 But it was the COMELEC’s own Rules of Procedure, as follows: “Sec.
not sufficiently shown that petitioner acted maliciously in 20. Promulgation and Finality of Decision.—The decision of the
court shall be promulgated on a date set by it of which due notice
must be given the parties. It shall become final five (5) days after relevant evidence as a reasonable mind will accept as adequate to
promulgation. No motion for reconsideration shall be entertained. support a conclusion.
Rejecting petitioner’s argument, we held therein that the Same; Same; Residence; It is not required that a candidate
additional rule requiring notice to the parties prior to should have his own house in order to establish his residence or
promulgation of a decision is not part of the process of
domicile in a place. It is enough that he should live in the locality,
promulgation. Since lack of such notice does not prejudice the
even in a rented house or that of a friend or relative.—The Dissent
rights of the parties, noncompliance with this rule is a procedural
lapse that does not vitiate the validity of the decision. claims that the registration of the property in Palomares’s name
does not prove petitioner’s residence as it merely showed
Same; Domicile; To establish a new domicile of choice,
“donative intent” without the necessary formalities or payment of
personal presence in the place must be coupled with conduct taxes. However, whatever the nature of the transaction might be,
indicative of the intention to make it one’s fixed and permanent this point is immaterial for the purpose of ascertaining
place of abode.—In the present case, the parties are in agreement petitioner’s residence. We have long held that it is not required
that the domicile of origin of Sabili was Brgy. Sico, San Juan, that a candidate should have his own house in order to establish
Batangas. He claims that he abandoned his domicile of origin and his residence or domicile in a place. It is enough that he should
established his domicile of choice in Brgy. Pinagtongulan, Lipa live in the locality, even in a rented house or that of a friend or
City, thereby making him qualified to run for Lipa City mayor. relative. What is of central concern then is that petitioner
On the other hand, respondent COMELEC held that no such identified and established a place in Lipa City where he intended
change in domicile or residence took place and, hence, the entry to live in and return to for an indefinite period of time.
in his Certificate of Candidacy showing that he was a resident of Same; Same; Same; Section 117 of the Omnibus Election
Brgy. Pinagtongulan, Lipa City constituted a misrepresentation Code provides that transfer of residence to any other place by
that disqualified him from running for Lipa City mayor. To
reason of one’s “occupation; profession; employment in private and
establish a new domicile of choice, personal presence in the place
public service; educational activities; work in military or naval
must be coupled with conduct indicative of the
_______________ reservations; service in the army, navy or air force, the
* EN BANC. constabulary or national police force; or confinement or detention
665 in government institutions in accordance with law” is not deemed
VOL. 670, APRIL 24, 2012 665 as loss of residence.—We have held that “absence from residence
Sabili vs. Commission on Elections to pursue studies or practice a profession or registration as a
intention to make it one’s fixed and permanent place of voter other than in the place where one is elected, does not
abode. As in all administrative cases, the quantum of proof constitute loss of residence.” In fact, Section 117 of the Omnibus
necessary in election cases is substantial evidence, or such Election Code provides that transfer of residence to any other
place by reason of one’s “occupation; profession; employment in
private and public service; educational activities; work in military facts must have been acquired by him personally or through
or naval reservations; service in the army, navy or air force, the official information.
constabulary or national police force; or confinement or detention Election Law; Domicile; Residence; To successfully challenge
in government institutions in accordance with law” is not deemed a winning candidate’s qualifications, the petitioner must clearly
as loss of residence.666
demonstrate that the ineligibility is so patently antagonistic to
6 SUPREME COURT REPORTS ANNOTATED
constitutional and legal principles that overriding such
66
ineligibility and thereby giving effect to the apparent will of the
Sabili vs. Commission on Elections
people, would ultimately create greater prejudice to the very
Same; Same; Same; There is nothing “wrong in an
democratic institutions and juristic traditions that our
individual changing residences so he could run for an elective
Constitution and laws so zealously protect and promote.—We
post, for as long as he is able to prove with reasonable certainty
reiterate our ruling in Frivaldo v. Commission on Elections, 337
that he has effected a change of residence for election law purposes SCRA 574 (2000), that “(t)o successfully challenge a winning
for the period required by law.”—More importantly, we have gone candidate’s qualifications, the petitioner must clearly
so far as to rule that there is nothing “wrong in an individual demonstrate that the ineligibility is so patently antagonistic to
changing residences so he could run for an elective post, for as constitutional and legal principles that overriding such
long as he is able to prove with reasonable certainty that he has ineligibility and thereby giving effect to the apparent will of the
effected a change of residence for election law purposes for the people, would ultimately create greater prejudice to the very
period required by law.” democratic institutions and juristic traditions that our
Remedial Law; Evidence; Entries in Official Records; Three Constitution and laws so zealously protect and promote.”
(3) requisites must concur for entries in official records to be Similarly, in Japzon v. Commission on Elections, 576 SCRA 331
admissible in evidence.—In Country Bankers Insurance (2009), we concluded that “when the evi
Corporation v. Lianga Bay and Community Multipurpose 667
Cooperative, Inc., 374 SCRA 653 (2002), we explained that the VOL. 670, APRIL 24, 2012 667
following three (3) requisites must concur for entries in official Sabili vs. Commission on Elections
records to be admissible in evidence: (a) The entry was made by a dence of the alleged lack of residence qualification of a
public officer, or by another person specially enjoined by law to do candidate for an elective position is weak or inconclusive and it
so; (b) It was made by the public officer in the performance of his clearly appears that the purpose of the law would not be thwarted
duties, or by such other person in the performance of a duty by upholding the victor’s right to the office, the will of the
specially enjoined by law; and (c) The public officer or other electorate should be respected. For the purpose of election laws is
person had sufficient knowledge of the facts stated by him, which to give effect to, rather than frustrate, the will of the voters.”
VELASCO, JR., J., Dissenting:
Election Law; Domicile; Residence; View that to establish a primarily on his allegation that he purchased a house and lot
new domicile of choice, personal presence in the place must be thereat in the same month, registered the property in the name of
his “commonlaw spouse,” Bernadette Palomares (Palomares),
coupled with conduct indicative of that intention. Bodily presence
and actually resided therein since April 2007 together with
in the new locality is not the only requirement; there must be a
668
declared and probable intent to make it one’s fixed and permanent 6 SUPREME COURT REPORTS ANNOTATED
place of abode.—For the petitioner to overcome the presumption 68
of the continuity of his domicile of origin, he must show by clear
Sabili vs. Commission on Elections
and convincing evidence of (1) an actual removal or an actual
Palomares and their children. To say the least, this claim is
change of domicile; (2) a bona fide intention of abandoning the not only questionable but appalling. Petitioner’s temerity in
former place of residence and establishing a new one; and (3) asserting that he had been living with Palomares for 20
definite acts which correspond with the purpose. Thus, years, while he was legally married to another, and so
to establish a new domicile of choice, personal presence in should be considered to have followed his paramour’s residence
the place must be coupled with conduct indicative of that simply goes against the norms of decency, if not the law against
intention. Bodily presence in the new locality is not the concubinage under Article 334 of the Revised Penal Code. Thus,
only requirement; there must be a declared and probable We cannot now recognize his residency in Lipa City on the pretext
intent to make it one’s fixed and permanent place of that his “commonlaw spouse” lives therein. Commodum ex
abode. Indeed, the most important requirements for the injuria sua non habere debet. No person ought to derive
establishment of a new domicile is (1) an actual and physical any advantage of his own wrong.Even in RomualdezMarcos
presence in the new locality; and (2) a clear and declared intent to
v. COMELEC, 248 SCRA 300 (1995), this Court did not consider
abandon the old domicile (animus non revertendi) and remain in Mrs. Marcos to have followed the residence of former President
the new place of residence (animus manendi). Marcos, her legal spouse. Why should this Court now consider
Same; Same; Same; View that petitioner’s temerity in Sabili to have adopted a domicile of choice in Lipa just because
asserting that he had been living with Palomares for 20 years, his “commonlaw spouse” has a house registered in her name
while he was legally married to another, and so should be located in the same city? To consider a man to follow the
residence of the woman who he cannot marry is dangerous
considered to have followed his paramour’s residence simply goes
precedent.
against the norms of decency, if not the law against concubinage
Same; Same; Same; View that all the requisites for a valid
under Article 334 of the Revised Penal Code; To consider a man to
change of domicile or residence is necessary for election law
follow the residence of the woman who he cannot marry is
purposes. In the absence of even just one element, the presumption
dangerous precedent.—Indeed, petitioner heavily anchors his
is in favor of the maintenance and continuity of the domicile of
claimed residency in Pinagtongulan, Lipa City since April 2007
origin.—In the clear absence of the most important element in the elections, he had been twice elected (in 1995 and in 1998) as
establishment of a domicile—animus manendi—it is of no use to Provincial Board Member representing the 4th District of
discuss the consequence of testimonies as to his bodily presence in Batangas. During the 2007 elections, petitioner ran for the
the locality. As stated, all the requisites for a valid change of position of Representative of the 4th District of Batangas, but
lost. The 4th District of Batangas includes Lipa City. 2 However, it
domicile or residence is necessary for election law purposes. In
is undisputed that when petitioner filed his COC during the 2007
the absence of even just one element, the presumption is in favor
elections, he and his family were then staying at his ancestral
of the maintenance and continuity of the domicile of origin.
Hence, in this case, petitioner is presumed to still be a resident of home in Barangay (Brgy.) Sico, San Juan, Batangas.
San Juan, Batangas and disqualified from taking the mayoralty Private respondent Florencio Librea (private respondent) filed
position in Lipa City, Batangas. a “Petition to Deny Due Course and to Cancel Certificate of
SPECIAL CIVIL ACTION in the Supreme Court. Certiorari. Candidacy and to Disqualify a Candidate for Possessing Some
The facts are stated in the opinion of the Court. Grounds for Disqualification”3 against him before the COMELEC,
Romulo B. Macanlintal and Edgardo Carlo L. Vistan II for docketed as SPA No. 09047 (DC). Citing Section
_______________
petitioner.
1 Rollo, p. 79.
Manalo, Jocson & Enriquez Law Office for private
2 The 4th district of Batangas is composed of the
respondent.
municipalities of Ibaan, Padre Garcia, Rosario, San Jose, San
669
Juan and Taysan, and the City of
VOL. 670, APRIL 24, 2012 669
Lipa. http://www.batangas.gov.ph/index.php?p=15 (last accessed
Sabili vs. Commission on Elections on 30 January 2012).
SERENO, J.: 3 Rollo, pp. 7076.
Before us is a Petition for Certiorari under Rule 64 in relation 670
to Rule 65 of the Rules of Court, seeking to annul the Resolutions 670 SUPREME COURT REPORTS ANNOTATED
in SPA No. 09047 (DC) dated 26 January 2010 and 17 August
Sabili vs. Commission on Elections
2010 of the Commission on Elections (COMELEC), which denied
78 in relation to Section 74 of the Omnibus Election Code, 4private
due course to and canceled the Certificate of Candidacy (COC) of
respondent alleged that petitioner made material
petitioner Meynardo Sabili (petitioner) for the position of Mayor
misrepresentations of fact in the latter’s COC and likewise failed
of Lipa City for the May 2010 elections. At the heart of the
to comply with the oneyear residency requirement under Section
controversy is whether petitioner Sabili had complied with the
39 of the Local Government Code.5 Allegedly,
oneyear residency requirement for local elective officials.
_______________
When petitioner filed his COC1 for mayor of Lipa City for the
4 Section 78. Petition to deny due course to or cancel a
2010 elections, he stated therein that he had been a resident of
the city for two (2) years and eight (8) months. Prior to the 2010 certificate of candidacy.—A verified petition seeking to deny
due course or to cancel a certificate of candidacy may be panlungsod, or sangguniang bayan, the district where he
filed by any person exclusively on the ground that any intends to be elected; a resident
material representation contained therein as required 671
under Section 74 hereof is false. The petition may be filed at VOL. 670, APRIL 24, 2012 671
any time not later than twentyfive days from the time of the Sabili vs. Commission on Elections
filing of the certificate of candidacy and shall be decided, after due petitioner falsely declared under oath in his COC that he had
notice and hearing, not later than fifteen days before the election. already been a resident of Lipa City for two years and eight
. . . . . . . . . months prior to the scheduled 10 May 2010 local elections.
Section 74. Contents of certificate of candidacy.—The In support of his allegation, private respondent presented the
certificate of candidacy shall state that the person filing it following:
is announcing his candidacy for the office stated therein 1. Petitioner’s COC for the 2010 elections filed on 1
and that he is eligible for said office; if for Member of the December 20096
2. 2009 Tax Declarations for a house and lot (TCT Nos.
Batasang Pambansa, the province, including its component
173355, 173356 and buildings thereon) in Pinagtongulan,
cities, highly urbanized city of district or sector which he
Lipa City registered under the name of Bernadette
seeks to represent; the political party to which he belongs;
Palomares, petitioner’s commonlaw wife7
civil status; his date of birth; residence; his post office 3. Lipa City Assessor Certification of Property Holdings of
address for all election purposes; his profession or properties under the name of Bernadette Palomares8
occupation; that he will support and defend the Constitution of 4. Affidavit executed by private respondent Florencio Librea 9
the Philippines and will maintain true faith and allegiance 5. Sinumpaang Salaysay executed by Eladio de Torres10
thereto; that he will obey the laws, legal orders, and decrees 6. Voter Certification on petitioner issued by COMELEC
promulgated by the duly constituted authorities; that he is not a Election Officer Juan D. Aguila, Jr.11
permanent resident or immigrant to a foreign country; that the 7. 1997 Voter Registration Record of petitioner12
obligation imposed by his oath is assumed voluntarily, without 8. National Statistics Office (NSO) Advisory on Marriages
mental reservation or purpose of evasion; and that the facts regarding petitioner13
stated in the certificate of candidacy are true to the best of _______________
his knowledge. (Emphasis supplied.) therein for at least one (1) year immediately preceding
5 Section 39. Qualifications.— the day of the election; and able to read and write Filipino
(a) An elective local official must be a citizen of the or any other local language or dialect. (Underscoring
Philippines; a registered voter in the barangay, supplied.)
municipality, city, or province or, in the case of a member 6 Id., at p. 137.
of the sangguniang panlalawigan, sangguniang 7 Id., at pp. 138, 152155.
8 Id., at p. 139. _______________
9 Id., at pp. 140141. 14 Id., at p. 148.
10 Id., at pp. 142143. 15 Id., at p. 149.
11 Id., at p. 144. 16 Id., at p. 150.
12 Id., at pp. 145146. 17 Id., at p. 156.
13 Id., at p. 147. 18 Id., at pp. 157158.
672 19 Id., at p. 159.
672 SUPREME COURT REPORTS ANNOTATED 20 Id., at p. 160.
Sabili vs. Commission on Elections 21 Id., at p. 161.
9. Lipa City Assessor Certificate of No Improvement on 22 Id., at p. 162.
Block 2, Lot 3, Brgy. Lood, Lipa City registered in the name 23 Id., at p. 163.
of petitioner14 673
10. NSO Certificate of No Marriage of Bernadette
VOL. 670, APRIL 24, 2012 673
Palomares15
Sabili vs. Commission on Elections
11. Lipa City Assessor Certificate of No Improvement on
Block 2, Lot 5, Brgy. Lood, Lipa City registered in the name 19. Petitioner’s 2007 COC for Member of House of
of petitioner16 Representative24
12. Lipa City Permits and Licensing Office Certification that For ease of later discussion, private respondent’s evidence
petitioner has no business therein17 shall be grouped as follows: (1) Certificates regarding ownership
13. Apparent printout of a Facebook webpage of petitioner’s of real property; (2) petitioner’s Voter Registration and
daughter, Mey Bernadette Sabili18 Certification (common exhibits of the parties); (3) petitioner’s
14. Department of Education (DepEd) Lipa City Division COCs in previous elections; (3) Certifications regarding
Certification that the names Bernadette Palomares, Mey petitioner’s family members; and (4) Affidavits of Lipa City
Bernadette Sabili and Francis Meynard Sabili (petitioner’s residents.
son) do not appear on its list of graduates19 On the other hand, petitioner presented the following evidence
15. Certification from the Office of the Election Officer of to establish the fact of his residence in Lipa City:
Lipa City that Bernadette Palomares, Mey Bernadette 1. Affidavit executed by Bernadette Palomares25
Sabili and Francis Meynard Sabili do not appear in its list 2. Birth Certificate of Francis Meynard Sabili26
of voters20 3. Affidavit of Leonila Suarez (Suarez)27
16. Affidavit executed by Violeta Fernandez21 4. Certification of Residency issued by Pinagtongulan
17. Affidavit executed by Rodrigo Macasaet22 Barangay Captain, Dominador Honrade28
18. Affidavit Executed by Pablo Lorzano23 5. Affidavit executed by Rosalinda Macasaet29
6. Certificate of Appreciation issued to petitioner by the 16. Joint Affidavit of twentyone (21) Pinagtongulan
parish of Sto. Nino of Pinagtongulan30 residents, including past and incumbent Pinagtongulan
7. Designation of petitioner in the Advisory Body (AB) of officials.40
Pinagtongulan, San Jose/Lipa City Chapter of Guardians For ease of later discussion, petitioner’s evidence shall be
Brotherhood, Inc.31 grouped as follows: (1) his Income Tax Returns and corresponding
8. COMELEC Voter Certification on petitioner issued by Official Receipts for the years 2007 and 2008; (2) Certification
Election Officer Juan Aguila, Jr.32 from the barangay captain of Pinagtongulan; (3) Affidavit of his
_______________ commonlaw wife, Bernadette Palomares; and (4) Affidavits from
24 Id., at p. 164. a previous property owner, neighbors, Certificate of Appreciation
25 Id., at p. 102. from the barangay parish and Memorandum from the local
26 Id., at p. 103. chapter of Guardians Brotherhood, Inc.
27 Id., at p. 104. _______________
28 Id., at p. 105. 33 Id., at p. 110.
29 Id., at p. 106. 34 Id., at p. 111.
30 Id., at p. 107. 35 Id., at p. 112.
31 Id., at p. 108. 36 Id., at p. 113.
32 Id., at p. 109. 37 Id., at p. 114.
674 38 Id., at p. 187.
674 SUPREME COURT REPORTS ANNOTATED 39 Id., at p. 190.
Sabili vs. Commission on Elections 40 Id., at pp. 211212.
9. COMELEC Application for Transfer/Transfer with 675
Reactivation dated 6 June 2009 signed by Election Officer VOL. 670, APRIL 24, 2012 675
Juan Aguila, Jr.33 Sabili vs. Commission on Elections
10. Petitioner’s Income Tax Return for 200734 The COMELEC Ruling
11. Official Receipt for petitioner’s income tax payment for In its Resolution dated 26 January 2010, 41 the COMELEC
200735 Second Division granted the Petition of private respondent,
12. Petitioner’s Income Tax Return for 200836 declared petitioner as disqualified from seeking the mayoralty
13. Official Receipt for petitioner’s income tax payment for post in Lipa City, and canceled his Certificate of Candidacy for
200837 his not being a resident of Lipa City and for his failure to meet
14. Birth Certificate of Mey Bernadette Sabili38 the statutory oneyear residency requirement under the law.
15. Affidavit executed by Jacinto Cornejo, Sr.39
Petitioner moved for reconsideration of the 26 January 2010 this Case) under Rule 64 in relation to Rule 65 of the Rules of
Resolution of the COMELEC, during the pendency of which the Court, seeking the annulment of the 26 January 2010 and 17
10 May 2010 local elections were held. The next day, he was August 2010 Resolutions of the COMELEC. Petitioner attached to
proclaimed the duly elected mayor of Lipa City after garnering his Petition a Certificate of Canvass of Votes and proclamation of
the highest number of votes cast for the said position. He Winning Candidates for Lipa City Mayor and ViceMayor issued
accordingly filed a Manifestation42 with the COMELEC en banc to by the City/Municipal Board of Canvassers, 44 as well as a copy of
reflect this fact. his Oath of Office.45 He also attached to his Petition another
In its Resolution dated 17 August 2010, 43 the COMELEC en Certification of Residency46 issued by Pinagtong
banc denied the Motion for Reconsideration of petitioner. ulan Barangay Captain Dominador Honrade and sworn to before
Although he was able to receive his copy of the Resolution, no a notary public.
prior notice setting the date of promulgation of the said On 7 September 2010, this Court issued a Status Quo
Resolution was received by him. Meanwhile, Section 6 of Ante Order47 requiring the parties to observe the
COMELEC Resolution No. 8696 (Rules on Disqualification Cases status quoprevailing before the issuance of the assailed
Filed in Connection with the May 10, 2012 Automated National COMELEC Resolutions. Thereafter, the parties filed their
and Local Elections) requires the parties to be notified in advance responsive pleadings.
of the date of the promulgation of the Resolution.
“SEC. 6. Promulgation.—The promulgation of a Decision or Issues
Resolution of the Commission or a Division shall be made on a
date previously fixed, notice of which shall be served in advance The following are the issues for resolution:
upon the parties or their attorneys personally, or by registered 1. Whether the COMELEC acted with grave abuse of discretion
mail, telegram, fax, or thru the fastest means of communication.” when it failed to promulgate its Resolution dated 17 August
_______________ 2010 in accordance with its own Rules of Procedure; and
41 Id., at pp. 4862. 2. Whether the COMELEC committed grave abuse of discretion
42 Id., at pp. 296299. in holding that Sabili failed to prove compliance with the one
year residency requirement for local elective officials.
43 Id., at pp. 6369.
_______________
676
44 Id., at p. 294.
676 SUPREME COURT REPORTS ANNOTATED
45 Id., at p. 295.
Sabili vs. Commission on Elections
46 Id., at p. 300.
Hence, petitioner filed with this Court a Petition (Petition
for Certiorari with Extremely Urgent Application for the Issuance 47 Id., at pp. 314315.
677
of a Status Quo Order and for the Conduct of a Special Raffle of
VOL. 670, APRIL 24, 2012 677
Sabili vs. Commission on Elections The latter shall within two (2) days thereafter certify the case to
The Court’s Ruling the Commission en banc.
1. On whether the COMELEC acted The Clerk of the Commission shall calendar the Motion for
with grave abuse of discretion when Reconsideration for the resolution of the Commission en
it failed to promulgate its Resolution bancwithin three (3) days from the certification thereof.”
dated 17 August 2010 in accordance 678
with its own Rules of Procedure 678 SUPREME COURT REPORTS ANNOTATED
Petitioner argues that the assailed 17 August 2010 Sabili vs. Commission on Elections
COMELEC Resolution, which denied petitioner’s Motion for However, the COMELEC Order dated 4 May 201048suspended
Reconsideration, is null and void. The Resolution was allegedly Section 6 of COMELEC Resolution No. 8696 by ordering that “all
not promulgated in accordance with the COMELEC’s own Rules resolutions be delivered to the Clerk of the Commission for
of Procedure and, hence, violated petitioner’s right to due process immediate promulgation” in view of “the proximity of the
of law. Automated National and Local Elections and lack of material
The rules governing the Petition for Cancellation of COC in time.” The Order states:
this case is COMELEC Resolution No. 8696 (Rules on ORDER
Disqualification of Cases Filed in Connection with the May 10, “Considering the proximity of the Automated National and
2010 Automated National and Local Elections), which was Local Elections and lack of material time, the Commission hereby
promulgated on 11 November 2009. Sections 6 and 7 thereof suspends Sec. 6 of Resolution No. 8696 promulgated on November
provide as follows: 11, 2009, which reads:
“SEC. 6. Promulgation.—The promulgation of a Decision or Sec. 6. Promulgation.—The promulgation of a
Resolution of the Commission or a Division shall be made on a Decision or Resolution of the Commission or a Division
date previously fixed, notice of which shall be served in advance shall be made on a date previously fixed, notice of which
upon the parties or their attorneys personally, or by registered shall be served upon the parties or their attorneys
mail, telegram, fax or thru the fastest means of communication. personally, or by registered mail, telegram, fax or thru the
SEC. 7. Motion for Reconsideration.—A motion to reconsider fastest means of communication.”
a Decision, Resolution, Order or Ruling of a Division shall be filed Let all resolutions be delivered to the Clerk of the Commission
within three (3) days from the promulgation thereof. Such motion, for immediate promulgation.
if not proforma, suspends the execution for implementation of SO ORDERED.”
the Decision, Resolution, Order or Ruling. Petitioner claims that he did not receive notice of the said
Within twentyfour (24) hours from the filing thereof, the suspension of Section 6 of COMELEC Resolution No. 8696. Thus,
Clerk of the Commission shall notify the Presiding Commissioner. his right to due process was still violated. On the other hand, the
COMELEC claims that it has the power to suspend its own rules
of procedure and invokes Section 6, Article IXA of the of Immigration, L24800, May 27, 1968, 23 SCRA 812). It is the
Constitution, which gives it the power “to promulgate its own delivery of a court decision to the clerk of court for filing and
rules concerning pleadings and practice before it or before any of publication (Araneta v. Dinglasan, 84 Phil. 433). It is the filing of
its offices.”
the signed decision with the clerk of court (Sumbing v. Davide,
We agree with the COMELEC on this issue.
G.R. Nos. 8685051, July 20, 1989, En Banc Minute Resolution).
In Lindo v. Commission on Elections,49 petitioner claimed that
The additional requirement imposed by the COMELEC rules of
there was no valid promulgation of a Decision in an election
notice in advance of promulgation is not part of the process of
protest case when a copy thereof was merely furnished
promulgation. Hence, We do not agree with petitioner’s
_______________
contention that there was no promulgation of the trial court’s
48 Id., at p. 739. decision. The trial court did not deny that it had officially made
49 271 Phil. 844; 194 SCRA 25 (1991). the decision public. From the recital of facts of both parties, copies
679 of the decision were sent to petitioner’s counsel of record and
VOL. 670, APRIL 24, 2012 679 petitioner’s (sic) himself. Another copy was sent to private
Sabili vs. Commission on Elections respondent.
the parties, instead of first notifying the parties of a set date for What was wanting and what the petitioner apparently
the promulgation thereof, in accordance with Section 20 of Rule objected to was not the promulgation of the decision but the
35 of the COMELEC’s own Rules of Procedure, as follows: failure of the trial court to serve notice in advance of the
“Sec. 20. Promulgation and Finality of Decision.—The promulgation of its decision as required by the COMELEC rules.
decision of the court shall be promulgated on a date set by it of The failure to serve such notice in advance of the promulgation
which due notice must be given the parties. It shall become final may be considered a proce
five (5) days after promulgation. No motion for reconsideration 680
shall be entertained.” 680 SUPREME COURT REPORTS ANNOTATED
Rejecting petitioner’s argument, we held therein that the Sabili vs. Commission on Elections
additional rule requiring notice to the parties prior to dural lapse on the part of the trial court which did not prejudice
promulgation of a decision is not part of the process of the rights of the parties and did not vitiate the validity of the
promulgation. Since lack of such notice does not prejudice the
decision of the trial court nor (sic) of the promulgation of said
rights of the parties, noncompliance with this rule is a procedural
decision.”
lapse that does not vitiate the validity of the decision. Thus:
Moreover, quoting Pimping v.
“This contention is untenable. Promulgation is the process by
which a decision is published, officially announced, made known COMELEC, citing Macabingkil v. Yatco, we further held in the
50 51
Blount, 199 U.S. 142, 26 S. Ct. 1, 50 L. Ed. 125 (1905); Nicholson
t shall be produced from the properdepository:
v. Eureka Lumber Co., 156 N.C. 59, 72 S.E. 86 (1911); Gibson v.
x x x that thereby credit is given to its genuineness. Were it no
Poor, 21 N.H. 440, 1850 WL 2344 (1850). See Herrera, Remedial
tfor its antiquity, and the presumption that consequently arises t
Law, Vol. V, pp. 186187, 1999 edition.
hatevidence of its execution cannot be obtained, it would have to b
30 Gibson v. Poor, id.
eproved. It is not that any one particular place of deposit can have
529
more virtue in it than another, or make that true which is false; b
VOL. 752, MARCH 11, 2015 529
utthe fact of its coming from the natural and proper place, tends t
CercadoSiga vs. Cercado, Jr.
oremove presumptions of fraud, and strengthens the belief in itsg
enuineness. It may be false, and so shown, notwithstanding thepr they should have been in the place where they are actuallyfou
esumptions in its favor. If found where it would not properly andn nd; for it is obvious, that while there can be only one place ofdepos
aturally be, its absence from the proper place must besatisfactoril it strictly and absolutely proper, there may be many andvarious t
y accounted for; but that being done and all suspicionsagainst its hat are reasonable and probable, though differing indegree; some
genuineness removed, we can discover no reason why itmay not b being more so, some less; and in those cases theproposition to be d
e read in evidence. The real question which is to affect itsconsider etermined is, whether the actual custody is soreasonably and prob
ation is, whether the instrument offered is genuine, andcontains a ably accounted for, that it impresses the mindwith the conviction,
true statement of what it purports to. In the Bishop of Meath v. that the instrument found in such custody mustbe genuine.” Som
Marquis of e authorities hold, that the antiquity of thedocument is alone suffi
Winchester, 2 Bing. 183, Tindal, CJ., speakingof ancient documen cient to entitle it to be read, and that theother circumstances only
ts, holds this language. “It is not necessary thatthey should be fou go to its effect in evidence.
nd in the best and most proper place of deposit. Ifdocuments conti
nued in such custody, there never would be anyquestion as to thei In Bartolome v. Intermediate Appellate
r authenticity; but it is when documents arefound in other than t Court, theCourt ruled that the requirement of proper custody wa
31
heir proper place of deposit, that theinvestigation commences whe smet when the ancient document in question was presentedin cou
rt by the proper custodian thereof who is an heir ofthe person who t she was born to Vicente andBenita. These two affiants were nev
would naturally keep it. In this casehowever, we find that Simplic er presented in court.Thus, their statement is tantamount to hear
ia also failed to prove herfiliation to Vicente and Benita. She mere say evidence.
ly presented abaptismal certificate which has long been held “as e Petitioners also presented certifications from the localcivil regi
videnceonly to prove the administration of the sacrament on thed strar certifying that the records of birth from 1930to 1946 were de
ates therein specified, but not the veracity of thedeclarations ther stroyed by fire and/or war. In saiddocuments, there contains an a
ein stated with respect to her kinsfolk.“The same is conclusive onl dvice that petitioners maymake a further verification with the NS
y of the baptism administered,according to the rites of the Catholi O because the localcivil registrar submits a copy of the birth certif
c Church, by the priestwho baptized subject child, but it does not icate ofevery registered birth with the NSO. The advice was nothe
prove theveracity of the declarations and statements contained in eded. Petitioners failed to present a certification fromNSO whethe
the certificate concerning the relationship of the personbaptized.”3 r such records do exist or not.
2
As such, Simplicia cannot be considered as anheir, in whose cust While we acknowledge the difficulty of obtaining oldrecords, w
ody the marriage contract is expected tobe found. It bears reiterat e simply cannot ignore the rules on evidence,specifically the rule o
ion that Simplicia testified thatthe marriage contract was given t n authentication with respect toprivate documents which is precis
o her by Benita but thatSimplicia cannot ely in place to preventthe inclusion of spurious documents in the
_______________ body of evidencethat will determine the resolutions of an issue.
Considering that petitioners failed to prove the validityof the
31 262 Phil. 113, 122123; 183 SCRA 102, 109110 (1990).
marriage between Vicente and Benita, it follows thatthey do not h
32 Heirs of Pedro Cabais v. Court of Appeals, 374 Phil. 681,
ave a cause of action in the case for thedeclaration of nullity of th
689; 316 SCRA 338, 344 (1999), citing Macadangdang v. Court of
e Extrajudicial Settlement of theEstate of Vicente and Leonora.
Appeals, 188 Phil. 192, 201; 100 SCRA 73, 8485 (1980); Paa v.
WHEREFORE, the petition is DENIED. The 5 August2008
Chan, 128 Phil. 815, 822; 21 SCRA 753, 759 (1967).
Decision of the Court of Appeals in C.A.G.R. CV No.89585 reversi
530
530 SUPREME COURT REPORTS ANNOTATED ng and setting aside the 30 January 2007Decision and 16 April 20
CercadoSiga vs. Cercado, Jr. 07 Resolution of the Regional TrialCourt, Branch 69 of Binangona
n, Rizal in Civil Case No. R98047 is AFFIRMED.
make out the contents of said document because shecannot rea
531
d and write.
VOL. 752, MARCH 11, 2015 531
On the other hand, the document presented to proveLigaya’s k
CercadoSiga vs. Cercado, Jr.
inship is a Joint Affidavit executed by twopersons to the effect tha
SO ORDERED.
Sereno (CJ., Chairperson), LeonardoDe Castro, the public utility firm’s employees.—–Petitioner warns that if the
Bersamin and PerlasBernabe, JJ., concur. wage increase of P2,200.00 per month as ordered by the Secretary
Petition denied, judgment affirmed. is allowed, it would simply pass the cost covering such increase to
Notes.—Before private documents can be received in the consumers through an increase in the rate of electricity. This
evidence, proof of their due execution and authenticity must be is a non sequitur. The Court cannot be threatened with such a
presented. (Ledesco Development Corporation vs. Worldwide misleading argument. An increase in the prices of electric current
needs the approval of the appropriate regulatory government
Standard International Realty, Inc., 636 SCRA53 [2010])
agency and does not automatically result from a mere increase in
Proof of due execution and authenticity required before any
the wages of petitioner’s employees. Besides, this argument
private document offered as authentic is received in evidence.
presupposes that petitioner is capable of meeting a wage increase.
(Meneses vs. Venturozo, 659 SCRA 577 [2011])
Same; Same; Evidence; Commercial Lists; A mere newspaper
——o0o——
account is not considered a commercial list—it is at most an
© Copyright 2018 Central Book Supply, Inc. All rights
reserved. analysis or opinion which carries no persuasive weight in
determining the rate of wage increase.—–Under the aforequoted
rule, statement of matters contained in a periodical may be
admitted only “if that compilation is published for use by persons
engaged in that occupation and is generally used and relied upon
by them therein.” As correctly held in our Decision dated January
27, 1999, the cited report is a mere newspaper account and not
even a commercial list. At most, it is but an analysis or opinion
172 SUPREME COURT REPORTS ANNOTATED which carries no persuasive weight for purposes of this case as no
sufficient figures to support it were presented. Neither did
Manila Electric Company vs. Quisumbing
anybody testify to its accuracy. It cannot be said that
G.R. No. 127598. February 22, 2000.*
businessmen generally rely on news items such as this in their
MANILA ELECTRIC COMPANY, petitioner, vs. Hon. occupation. Besides, no evidence was presented that the
SECRETARY of LABOR LEONARDO QUISUMBING and publication was regularly prepared by a person in touch with the
MERALCO EMPLOYEES and WORKERS ASSOCIATION market and that it is generally regarded as trustworthy and
(MEWA), respondents. reliable. Absent extrinsic proof of their accuracy, these reports are
Labor Law; Collective Bargaining Agreements; Public not admissible. In
Utilities;An increase in the prices of electric current needs the
approval of the appropriate regulatory government agency and __________________
does not automatically result from a mere increase in the wages of
SPECIAL FIRST DIVISION.
*
effectivity depends on the agreement of the parties. On the other
173 hand, the law is silent as to the retroactivity of a CBA arbitral
VOL. 326, FEBRUARY 22, 2000 173 award or that granted not by virtue of the mutual agreement of
Manila Electric Company vs. Quisumbing the parties but by intervention of the government. Despite the
the same manner, newspapers containing stock quotations silence of the law, the Court rules herein that CBA arbitral
are not admissible in evidence when the source of the reports is awards granted after six months from the expiration of the last
available. With more reason, mere analyses or projections of such CBA shall retroact to such time agreed upon by both employer
reports cannot be admitted. In particular, the source of the report and the employees or their union. Absent such an agreement as to
in this case can be easily made available considering that the retroactivity, the award shall retroact to the first day after the
same is necessary for compliance with certain governmental sixmonth period following the expiration of the last day of the
requirements. CBA should there be one. In the absence of a CBA, the Secretary’s
determination of the date of retroactivity as part of his
Same; Same; Arbitral Awards; Retroactive Effect; Collective
discretionary powers over arbitral awards shall control.
Bargaining Agreement arbitral awards granted after six months
Same; Same; Same; An arbitral award can be considered as
from the expiration of the last Collective Bargaining Agreement
an approximation of a collective bargaining agreement which
shall retroact to such time agreed upon by both employer and the
would otherwise have been entered into by the parties.—–It is true
employees or their union, and in the absence of such an agreement
that an
as to retroactivity, the award shall retroact to the first day after
174
the sixmonth period following the expiration of the last day of the 1 SUPREME COURT REPORTS ANNOTATED
Collective Bargaining Agreement should there be one, or, in the 74
absence of a Collective Bargaining Agreement, the Secretary’s Manila Electric Company vs. Quisumbing
determination of the date of retroactivity as part of his arbitral award cannot per se be categorized as an agreement
discretionary powers over arbitral awards shall control.—–The voluntarily entered into by the parties because it requires the
Court in the January 27, 1999 Decision, stated that the CBA shall interference and imposing power of the State thru the Secretary
be “effective for a period of 2 years counted from December 28, of Labor when he assumes jurisdiction. However, the arbitral
1996 up to December 27, 1999.” Parenthetically, this actually award can be considered as an approximation of a collective
covers a threeyear period. Labor laws are silent as to when an bargaining agreement which would otherwise have been entered
arbitral award in a labor dispute where the Secretary had into by the parties. The terms or periods set forth in Article 253A
assumed jurisdiction by virtue of Article 263 (g) of the Labor Code pertains explicitly to a CBA. But there is nothing that would
shall retroact. In general, a CBA negotiated within six months prevent its application by analogy to an arbitral award by the
after the expiration of the existing CBA retroacts to the day Secretary considering the absence of an applicable law.
immediately following such date and if agreed thereafter, the
Same; Same; Same; Cooperatives; The award of loans for VOL. 326, FEBRUARY 22, 2000 175
housing is justified because it pertains to a basic necessity of life, Manila Electric Company vs. Quisumbing
but providing seed money for the establishment of an employee’s Same; Same; Same; Same; The management cannot be
cooperative is a matter in which the employer has no business denied the faculty of promoting efficiency and attaining economy
interest or legal obligation.—–On the allegation concerning the by a study of what units are essential for its operation—it has the
grant of loan to a cooperative, there is no merit in the union’s ultimate determination of whether services should be performed by
claim that it is no different from housing loans granted by the its personnel or contracted to outside agencies; Contracting out of
employer. The award of loans for housing is justified because it
services is an exercise of business judgment or management
pertains to a basic necessity of life. It is part of a privilege
recognized by the employer and allowed by law. In contrast, prerogative.—–Hiring of workers is within the employer’s
providing seed money for the establishment of the employee’s inherent freedom to regulate and is a valid exercise of its
cooperative is a matter in which the employer has no business management prerogative subject only to special laws and
interest or legal obligation. Courts should not be utilized as a tool agreements on the matter and the fair standards of justice. The
to compel any person to grant loans to another nor to force parties management cannot be denied the faculty of promoting efficiency
to undertake an obligation without justification. On the contrary, and attaining economy by a study of what units are essential for
it is the government that has the obligation to render financial its operation. It has the ultimate determination of whether
assistance to cooperatives and the Cooperative Code does not services should be performed by its personnel or contracted to
make it an obligation of the employer or any private individual. outside agencies. While there should be mutual consultation,
eventually deference is to be paid to what management decides.
Same; Same; Management Prerogatives; Contracting Out of
Contracting out of services is an exercise of business judgment or
Services; The employer is allowed to contract out services for six management prerogative. Absent proof that management acted in
months or more.—–The added requirement of consultation a malicious or arbitrary manner, the Court will not interfere with
imposed by the Secretary in cases of contracting out for six (6) the exercise of judgment by an employer. As mentioned in the
months or more has been rejected by the Court. Suffice it to say January 27, 1999 Decision, the law already sufficiently regulates
that the employer is allowed to contract out services for six this matter. Jurisprudence also provides adequate limitations,
months or more. However, a line must be drawn between such that the employer must be motivated by good faith and the
management prerogatives regarding business operations per se contracting out should not be resorted to circumvent the law or
and those which affect the rights of employees, and in treating must not have been the result of malicious or arbitrary actions.
the latter, the employer should see to it that its employees are at These are matters that may be categorically determined only
least properly informed of its decision or modes of action in order when an actual suit on the matter arises.
to attain a harmonious labormanagement relationship and
enlighten the workers concerning their rights. MOTION FOR RECONSIDERATION of a decision of the
175 Supreme Court.
The facts are stated in the resolution of the Court. resolution
Rolando R. Arbues, Atilano S. Guevarra, Jr. and Marianito Wages P1,900.00 for 199596 P2,200.00
D. Miranda and Siguion Reyna, Montecillo & Ongsiako for X’mas bonus modified to one month 2 months
petitioner. Retirees remanded to the Secretary granted
Perfecto V. Fernandez, Jose P. Fernandez and Cristobal P. Loan to coops denied granted
Fernandez for Meralco Employees and Workers Association. GHSIP, HMP and Housing loans granted up to P60,000.00 granted
M.B. Tomacruz Law Office and Jesus S. Silo for First Line Signing bonus denied granted
Asso. of Meralco Supervisory Employees. Union leave 40 days (typo error) 30 days
176 High voltage/ not apply to those who are not members
176 SUPREME COURT REPORTS ANNOTATED pole exposed to the risk of a team
Manila Electric Company vs. Quisumbing Collectors no need for cash bond, no need
R E S O L U T I O N to reduce quota and MAPL
YNARESSANTIAGO, J.: _________________
In the Decision promulgated on January 27, 1999, the Court Decision promulgated January 27, 1999, G.R. No. 127598
1
retroactive. In dismissing this contention this Court held: 183
“Therefore, in the absence of a specific provision of law VOL. 326, FEBRUARY 22, 2000 183
prohibiting retroactive of the effectivity of arbitral awards issued
Manila Electric Company vs. Quisumbing
by the Secretary of Labor pursuant to Article 263(g) of the Labor
Code, such as herein involved, public respondent is deemed It is true that an arbitral award cannot per se be categorized as
vested with plenary and discretionary powers to determine the an agreement voluntarily entered into by the parties because it
effectivity thereof.” requires the interference and imposing power of the State thru
The Court in the January 27, 1999 Decision, stated that the CBA the Secretary of Labor when he assumes jurisdiction. However,
shall be “effective for a period of 2 years counted from December the arbitral award can be considered as an approximation of a
28, 1996 up to December 27, 1999.” Parenthetically, this actually collective bargaining agreement which would otherwise have been
covers a threeyear period. Labor laws are silent as to when an entered into by the parties. 19 The terms or periods set forth in
arbitral award in a labor dispute where the Secretary had Article 253A pertains explicitly to a CBA. But there is nothing
assumed jurisdiction by virtue of Article 263 (g) of the Labor Code that would prevent its application by analogy to an arbitral award
shall retroact. In general, a CBA negotiated within six months by the Secretary considering the absence of an applicable law.
after the expiration of the existing CBA retroacts to the day Under Article 253A: “(I)f any such agreement is entered into
immediately following such date and if agreed thereafter, the beyond six months, the parties shall agree on the duration of
effectivity depends on the agreement of the parties. 18On the other retroactivity thereof.” In other words, the law contemplates
hand, the law is silent as to the retroactivity of a CBA arbitral retroactivity whether the agreement be entered into before or
award or that granted not by virtue of the mutual agreement of after the said sixmonth period. The agreement of the parties
the parties but by intervention of the government. Despite the need not be categorically stated for their acts may be considered
silence of the law, the Court rules herein that CBA arbitral in determining the duration of retroactivity. In this connection,
the Court considers the letter of petitioner’s Chairman of the
Board and its President addressed to their stockholders, which nor to force parties to undertake an obligation without
states that the CBA “for the rankandfile employees covering the justification. On the contrary, it is the government that has the
period December 1, 1995 to November 30, 1997 is still with the obligation to render financial assistance to cooperatives and the
Supreme Court,”20 as indicative of petitioner’s recognition that the Cooperative Code does not make it an obligation of the employer
CBA award covers the said period. Earlier, petitioner’s or any private individual.22
negotiating panel transmitted to the Union a copy of its proposed Anent the 40day union leave, the Court finds that the same is
CBA covering the same period inclusive. 21 In addition, petitioner a typographical error. In order to avoid any confusion, it is herein
does not dispute the allegation that in the past CBA arbitral declared that the union leave is only thirty (30) days as granted
awards, the Secretary granted retroactivity commencing from the by the Secretary of Labor and affirmed in the Decision of this
period immediately following the last day of the expired CBA. Court.
Thus, by petitioner’s own actions, the Court sees no reason to The added requirement of consultation imposed by the
retroact the subject CBA awards to a different date. The period is Secretary in cases of contracting out for six (6) months or more
herein set at two (2) years from December 1, 1995 to November has been rejected by the Court. Suffice it to say that the em
30, 1997.
___________________
_________________
See Section 2, R.A. No. 6838 (Cooperative Code of the
22
19
Mindanao Terminal and Brokerage Service, Inc. v. Philippines) which provides: “It is the declared policy of
Confesor, 338 Phil. 671; 272 SCRA 161 (1997). the State to foster the creation and growth of cooperative as a
20
Rollo, p. 2347. practical vehicle for promoting selfreliance and harnessing
21
Annex “C” of the Petition. people power towards the attainment of economic development
184 and social justice. The State shall encourage the private sector to
184 SUPREME COURT REPORTS ANNOTATED undertake the actual formation of cooperatives and shall create
Manila Electric Company vs. Quisumbing an atmosphere that is conducive to the organizational growth and
On the allegation concerning the grant of loan to a cooperative, development of the cooperatives. Towards this end,
there is no merit in the union’s claim that it is no different from the Government and all its branches, subsidiaries,
housing loans granted by the employer. The award of loans for instrumentalities, and agencies shall ensure the provision of
housing is justified because it pertains to a basic necessity of life. technical guidelines, financial assistance, and other services to
It is part of a privilege recognized by the employer and allowed by enable said cooperative to development into viable and responsive
law. In contrast, providing seed money for the establishment of economic enterprises and thereby bring about a strong
the employee’s cooperative is a matter in which the employer has cooperative movement that is free from any conditions that might
no business interest or legal obligation. Courts should not be
utilized as a tool to compel any person to grant loans to another
infringe upon the autonomy or organizational integrity of categorically determined only when an actual suit on the matter
cooperatives. arises.
185 WHEREFORE, the motion for reconsideration is PARTIALLY
VOL. 326, FEBRUARY 22, 2000 185 GRANTED and the assailed Decision is MODIFIED as follows: (1)
Manila Electric Company vs. Quisumbing the arbitral award shall retroact from December 1, 1995 to
ployer is allowed to contract out services for six months or more. November 30, 1997; and (2) the award of wage is increased from
However, a line must be drawn between management the original amount of One Thousand Nine Hundred Pesos
(P1,900.00) to Two Thousand Pesos (P2,000.00) for the years 1995
prerogatives regarding business operations per se and those
and 1996. This Resolution is subject to the monetary advances
which affect the rights of employees, and in treating the latter,
granted by petitioner to its rankandfile employees during the
the employer should see to it that its employees are at least
pendency of this case assuming such advances had actually been
properly informed of its decision or modes of action in order to
distributed to them. The assailed Decision is AFFIRMED in all
attain a harmonious labormanagement relationship and
other respects.
enlighten the workers concerning their rights. 23 Hiring of workers
SO ORDERED.
is within the employer’s inherent freedom to regulate and is a
valid exercise of its management prerogative subject only to Davide, Jr. (C.J.), Melo, Kapunan and Pardo, JJ., concur.
special laws and agreements on the matter and the fair standards Petition partially granted, judgment modified.
of justice.24 The management cannot be denied the faculty of Notes.—–A “public utility” under the Constitution and the
promoting efficiency and attaining economy by a study of what Public Service Law is one organized “for hire or compensation” to
units are essential for its operation. It has the ultimate serve the public, which is given the right to demand its service.
determination of whether services should be performed by its (Bagatsing vs. Committee on Privatization, 246 SCRA 334 [1995])
personnel or contracted to outside agencies. While there should be The signing of the CBA is not determinative of the question
mutual consultation, eventually deference is to be paid to what whether “the agreement was entered into within six months from
management decides.25 Contracting out of services is an exercise the date of expiry of the term of such other provisions as fixed in
of business judgment or management prerogative. 26 Absent proof such collective bargaining agreement” within the contemplation
that management acted in a malicious or arbitrary manner, the of Art. 253A of the Labor Code where the parties already had a
Court will not interfere with the exercise of judgment by an meeting of the minds before the end of the said sixmonth period.
employer.27 As mentioned in the January 27, 1999 Decision, the (Mindanao Terminal and Brokerage Service, Inc. vs. Roldan
law already sufficiently regulates this matter. 28 Jurisprudence
Confesor, 272 SCRA 161[1997])
also provides adequate limitations, such that the employer must
A CBA which is part of an arbitral award may be made
be motivated by good faith and the contracting out should not be
retroactive to the date of expiration of the previous agreement
resorted to circumvent the law or must not have been the result of
since Art. 253A of the Labor Code refers to CBAs entered into by
malicious or arbitrary actions.29 These are matters that may be
the parties as a result of their mutual agreement, not to arbitral
awards. (Manila Central Line Corporation vs. Manila Central Article 39(c) of the Labor Code. Corollarily, where the offense is
Line Free Workers UnionNational Federation of Labor, 290 committed against three or more persons, it is qualified to illegal
SCRA 690 [1998]) recruitment in large scale which provides a higher penalty under
Article 39(a) of the same Code.
180 SUPREME COURT REPORTS ANNOTATED
Same; Same; Same; Right of Confrontation; The right of
People vs. OrtizMiyake
confrontation has two purposes: first, to secure the opportunity of
G.R. Nos. 11533839. September 16, 1997.*
crossexamination; and, second, to allow the judge to observe the
PEOPLE OF THE PHILIPPINES, plaintiffappellee, vs. LANIE
ORTIZMIYAKE, accusedappellant. deportment and appearance of the witness while testifying.—
Under the aforecited rules, the accused in a criminal case is
Labor Law; Criminal Law; Illegal Recruitment; Words and
guaranteed the
Phrases; “Recruitment and Placement,” Defined.—The Labor Code
defines recruitment and placement as “x x x any act of _______________
canvassing, enlisting, contracting, transporting, utilizing, hiring
or procuring workers and includes referrals, contract services, SECOND DIVISION.
*