text:
August 2016 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence > Year 2016 > August 2016 Decisions > GR. No. 196735, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DANILO FELICIANO, JR., JULIUS VICTOR MEDALLA, CHRISTOPHER SOLIVA, WARREN L. ZINGAPAN, AND ROBERT MICHAEL BELTRAN PROMULGATED: ALVIR, ACCUSED-APPELLANTS., Respondent.:
GR. No. 196735, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DANILO FELICIANO, JR., JULIUS VICTOR MEDALLA, CHRISTOPHER SOLIVA, WARREN L. ZINGAPAN, AND ROBERT MICHAEL BELTRAN PROMULGATED: ALVIR, ACCUSED-APPELLANTS., Respondent.
SPECIAL THIRD DIVISION
GR. No. 196735, August 03, 2016
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DANILO FELICIANO, JR., JULIUS VICTOR MEDALLA, CHRISTOPHER SOLIVA, WARREN L. ZINGAPAN, AND ROBERT MICHAEL BELTRAN PROMULGATED: ALVIR, ACCUSED-APPELLANTS., Respondent.
R E S O L U T I O N
LEONEN, J.:
Even as the judiciary strives to bring justice to victims of fraternity-related violence, the violence continues to thrive in universities across the country. Mere weeks after our Decision dated May 5, 2014 was promulgated, various news agencies reported the death of an 18-year-old student of De La Salle-College of St. Benilde.1 The death was allegedly caused by hazing.
While this Court is powerless to end this madness, it can, at the very least, put an end to its impunity.
This resolves the separate Motions for Reconsideration of our Decision dated May 5, 2014, which were filed by accused-appellants Christopher Soliva (Soliva),2 Warren L. Zingapan (Zingapan),3 and Robert Michael Beltran Alvir (Alvir).4chanrobleslaw
To recall, we affirmed the Court of Appeals Decision5 dated November 26, 2010 finding accused-appellants guilty beyond reasonable doubt for the murder of Dennis Venturina. However, we modified its finding that accused-appellants were only guilty of slight physical injuries in relation to private complainants Leandro Lachica, Cristobal Gaston, Jr., and Cesar Mangrobang, Jr. Instead, we upheld the trial court's Decision6 dated February 28, 2002, which found accused-appellants guilty beyond reasonable doubt of the attempted murder of private complainants Leandro Lachica (Lachica), Arnel Fortes (Fortes), Mervin Natalicio (Natalicio), Cristobal Gaston, Jr. (Gaston), and Cesar Mangrobang, Jr. (Mangrobang, Jr.).
Alvir, Zingapan, and Soliva separately filed their Motions for Reconsideration on-July 1, 2014, July 2, 2014, and July 9, 2014, respectively. The Office of the Solicitor General was directed to file a Consolidated Comment on these Motions.7chanrobleslaw
Atty. Estelito Mendoza, counsel for Zingapan, through a letter8 dated May 22, 2014, requested information on the composition of the Division trying this case. At that time, our May 5, 2014 Decision was not yet published in the Supreme Court website. Atty. Estelito Mendoza's request was denied9 under Rule 7, Section 3 of the Internal Rules of the Supreme Court,10 which mandates that results of a raffle, including the composition of the Division, are confidential in eriminal cases where the trial court imposes capital punishment.
Undaunted, Zingapan moved to elevate the case to this Court En Bane.11 The Motion was denied for lack of merit.12chanrobleslaw
On November 10, 2014, the Office of the Solicitor General filed its Consolidated Comment13 on the Motions for Reconsideration.
Meanwhile, Alvir moved for modification of judgment,14 arguing on his innocence and praying for his acquittal.
The only issue to be resolved is whether accused-appellants presented substantial arguments in their Motions for Reconsideration as to warrant the reversal of this Court's May 5, 2014 Decision.
Soliva argues that his conviction was merely based on private complainant Natalicio's sole testimony, which he alleges was doubtful and inconsistent.15 He points out that prosecution witness Ernesto Paolo Tan (Tan) was able to witness the attack on Natalicio, but was unable to identify him as the attacker.16chanrobleslaw
The Office of the Solicitor General, on the other hand, argues that Natalicio's testimony was sufficient to identify Soliva.17 It argues that Tan's testimony did not contradict Natalicio's testimony since Tan was able to state that he saw the assailants who were not masked, though he did not know their names.18chanrobleslaw
The testimony of a single witness, as long as it is credible and positive, is enough to prove the guilt of an accused beyond reasonable doubt.19chanrobleslaw
Soliva argues that Natalicio was not able to identify his attackers since he was seen by Tan" lying face down as he was being attacked. On the contrary, Natalicio's and Tan's testimonies were consistent as to Natalicio's position during the attack. Natalicio testified:ChanRoblesVirtualawlibrary
Q With respect to the first group that attacked you, Mr. Natalicio, while they were beating you up, what else if anything happened?
A I was able to recognize two (2) among those [sic] first group of attackers.
What group, first group?
A While I was parrying their blows, two (2) of these attackers had no mask, they had no mask anymore.
Q So, Mr. Natalicio, who were these two (2) men that you recognized?
A They were Warren Zingapan and Christopher Soliva.20
Q Imagine, Mr. Witness, there were ten (10) people ganging up on you, you stood up, faced them, just like that?
A Yes.
Q You did not cover your head with your arms as they were pounding on you?
A Not yet. When I was standing up, no. I was parrying their blows. I covered my head when I fell down already, because I was defenseless already.
Q And there were people [who] attacked you from behind?
A When I was standing up, none.
Q All of them were in froRt of you?
A Front, yes.21
Natalicio explained that he was attacked twice. During the first attack, he tried to stand up and was able to identify two (2) of his attackers. He fell to the ground when he was attacked the second time. This is consistent with Tan's testimony, where he stated:ChanRoblesVirtualawlibrary
During the second waive [sic], your honor, [Natalicio] tried to get up but immediately after the first waive [sic] another group of persons attacked, your honor.
When he tried to get up, he was still facing the ground?
A He was a bit tilted, your honor. He was no longer lying face down or "nakadapa, " your honor.22 (Emphasis supplied)
Soliva also misconstrues Tan's testimony that he could not identify Natalicio's attackers. Tan testified:ChanRoblesVirtualawlibrary
Q You stated that while you were inside the beach house canteen observing the events outside thru the door and in that couple of seconds, you could not establish the identity of persons, is it not?
A I could see them although I do not know their names.23 (Emphasis supplied)
Tan failed to identify the attackers only because he did not know their names. His testimony corroborates Natalicio's testimony that some of the attackers were masked and some were not,24 although Tan could not identify them because he was not familiar with their names.
Tan was a fourth year student of the University of the Philippines College of Business Administration at the time of the incident. He was not part of the Sigma Rho Fraternity and was merely one of the students eating at Beach House Canteen on December 8, 1994.25cralawredchanrobleslaw
Another witness, Darwin Asuncion (Asuncion), was a third year student at the University of the Philippines and was also at Beach House Canteen during the incident.26 He testified that some attackers were wearing masks while some were not.27 On cross-examination, he stated:ChanRoblesVirtualawlibrary
And many of these people who were in beach house canteen who were there to probably eat or probably lining up to eat were not wearing mask? [sic]
And there is a great possibility that you could have mistaken the unmasked people as part of the attacking group?
No sir.
Because they were carrying lead pipes and baseball bats sir.28 (Emphasis supplied)
Asuncion's testimony corroborates that of defense witness Frisco Capilo, who testified that before the incident, the attackers were wearing masks, but after the incident, he saw some wearing masks and some who did not.29chanrobleslaw
Alvir argues that Lachica's identification of him was "uncorroborated and hazy."30 He argues that Lachica admitted that while he was attacked, he covered his head with his forearms, which created doubt that he was able to see his attackers. He argues that Lachica's statement that he was still able to raise his head while parrying blows was impossible. Alvir also argues that when Lachica ran away and looked back at the scene of the crime, Lachica was only able to identify Julius Victor Medalla (Medalla) and Zingapan.31chanrobleslaw
It is in line with human experience that even while Lachica was parrying the blows, he would strive to identify his attackers. As has been previously stated by this Court:ChanRoblesVirtualawlibrary
It is the most natural reaction for victims of criminal violence to strive to see the looks and faces of their assailants and observe the manner in which the crime was committed. Most often the face of the assailant and body movements thereof, create a lasting impression which cannot be easily erased from their memory.32
Lachica clearly and categorically identified Alvir as one of his attackers:ChanRoblesVirtualawlibrary
And during these attacks of these five (5) men and according to you, you were parrying their blows, what happened?
At that time, one of the mask [sic] of those who attacked us fell off and I was able to recognize one of them.
Q Who did you recognize whose mask fell?
A He was Mike Alvir.33
Alvir also misinterprets Lachica's testimony that Lachica was unable to see Alvir as he was running away. Lachica testified:ChanRoblesVirtualawlibrary
What happened after as you said you parried the blows of the men who attacked you and you recognized one of them to be Mike Alvir. What happened next?
As I said, I was able to elude these five armed men and run towards the College of Education and prior to reaching the College of Education, I tried to look back.
And what happened when you looked back?
I was able to see also, identify two more of them. Two of the attackers.
Who are these persons?
Warren Zingapan and Victor Medalla.34 (Emphasis supplied)
Lachica testified that he was able to identify Alvir while he was being attacked. When Lachica ran away and looked back at the scene of the crime, he was also able to identify two (2) more of the attackers, Zingapan and Medalla. He did not deny seeing Alvir, but only added that he was able to identify two (2) more people. U
Accused-appellants were positively identified by private complainants. Private complainants' testimonies were clear and categorical. On this issue, we find no cogent reason to reverse our May 5, 2014 Decision.
Zingapan's main argument hinges on the sufficiency of the Information filed against him, which, he argues, violated his constitutional right to be informed of the nature and cause of the accusation against him.35 His arguments, however, have already been sufficiently addressed in our May 5, 2014 Decision.
For an information to be sufficient, Rule 110, Section 6 of the Rules of Criminal Procedure requires that it state:ChanRoblesVirtualawlibrary
the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.
The purpose of alleging all the circumstances attending a crime, including any circumstance that may aggravate the accused's liability, is for the accused to be able to adequately prepare for his or her defense:ChanRoblesVirtualawlibrary
To discharge its burden of informing him of the charge, the State must specify in the information the details of the crime and any circumstance that aggravates his liability for the crime. The requirement of sufficient factual averments is meant to inform the accused of the nature and cause of the charge against him in order to enable him to prepare his defense. It emanates from the presumption of innocence in his favor, pursuant to which he is always presumed to have no independent knowledge of the details of the crime he is being charged with. To have the facts stated in the body of the information determine the crime of which he stands charged and for which he must be tried thoroughly accords with common sense and with the requirements of plain justice[.]36 (Emphasis supplied)
Here, the aggravating circumstance of "masks and/or other forms of disguise"37 was alleged in the Informations to enable the prosecution to establish that the attackers intended to conceal their identities. Once this is established, the prosecution needed to prove how the witnesses were able to ft identify the attackers despite the concealment of identity. In our May 5, X 2014 Decision:ChanRoblesVirtualawlibrary
In criminal cases, disguise is an aggravating circumstance because, like nighttime, it allows the accused to remain anonymous and unidentifiable as he carries out his crimes.
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 aggravating circumstance. What is important in alleging disguise as an aggravating circumstance is that there was a concealment of identity by the accused. The inclusion of disguise in the information was, therefore, enough to sufficiently apprise the accused that in the commission of the offense they were being charged with, they tried to conceal their identity.38 (Emphasis in the original)
To recall, the Information for murder filed against accused-appellants reads:ChanRoblesVirtualawlibrary
That on or about the 8th day of December 1994, in Quezon City, Philippines, the above-named accused, wearing masks and/or other forms of disguise, conspiring, confederating with other persons whose true names, identities and whereabouts have not as yet been ascertained, and mutually helping one another, with intent to kill, qualified with treachery, and with evident premeditation, taking advantage of superior strength, armed with baseball bats, lead pipes, and cutters, did then and there willfully, unlawfully and feloniously attack, assault and employ personal violence upon the person of DENNIS F. VENTURINA, by then and there hitting him on the head and clubbing him on different parts of his body thereby inflicting upon him serious and mortal injuries which were the direct and immediate cause of his death, to the damage and prejudice of the heirs of said DENNIS F. VENTURINA.39
Zingapan was sufficiently informed that he was being charged with the death of Dennis Venturina, committed through the circumstances provided.
Based on this Information, Zingapan's counsel was able to formulate his defense, which was that of alibi. He was able to allege that he was not at Beach House Canteen at the time of the incident because he was having lunch with his cousin's husband in Kamuning.40 His defense had nothing to do with whether he might or might not have been wearing a mask during the December 8, 1994 incident since his main defense was that he was not there at all.
Zingapan's right to be informed of the cause or nature of the accusation against him was not violated. The inclusion of the aggravating circumstance of disguise in the Informations did not prevent him from presenting his defense of alibi.
Accused-appellants argue that the testimony of University of the Philippines Police Officers Romeo Cabrera (Cabrera) and Oscar Salvador (Salvador) and Dr. Carmen Mislang (Dr. Mislang) from the University of the Philippines Infirmary should have been given credibility by this Court.41 They also insist that the victims' delay in reporting the incident casts doubt in their credibility as witnesses.42 Unfortunately, these arguments fail to persuade.
Natalicio testified that he was unable to answer the queries of Cabrera and Salvador since he was more concerned with his injuries and the injuries of his companions.43 He also denied that Dr. Mislang questioned him on the identity of his attackers.44chanrobleslaw
Even if it were true that Natalicio denied knowing his attackers when he was interviewed by Cabrera, Salvador, and Dr. Mislang, it did not cast doubt on accused-appellants' guilt. The conditions prevailing within the campus at the time of the incident must also be taken into account.
At the time of the incident, the University of the Philippines-Diliman had an existing policy that all students involved in fraternity rumbles would be expelled.45 Cabrera, Salvador, and Dr. Mislang were employees of the University.46 Reporting the incident as a fraternity rumble was risking expulsion.47chanrobleslaw
The investigation conducted by the University of the Philippines Police was met with the same difficulty, since the witnesses interviewed were reluctant to speak on fraternity matters:ChanRoblesVirtualawlibrary
As of this date, operatives of the UP Diliman Police have already interviewed sixty (60) persons, twenty five (25) of them mostly students, refused to comment or to give their names. Most of those who refused to comment said that they don't want to get involved in fraternity matters[.]48 (Emphasis supplied)
Under these circumstances, private complainants chose to report the matter to the National Bureau of Investigation as an ordinary crime rather than to report it to school authorities. The University would have treated the matter as a fraternity-related campus incident where all parties involved, including private complainants who were also fraternity members, risk academic sanctions. At that time, private complainants decided that reporting to the National Bureau of Investigation, rather than to university officials, was the more prudent course of action.
The alleged delay in reporting the crime also does not cast doubt on private complainants' credibility. The trial court stated:ChanRoblesVirtualawlibrary
[O]n the evening of December 8, 1994, the victims, upon the advice of their senior fraternity brothers, had agreed that the NBI would handle the investigation. This was reached during the fellowship of the Sigma Rho brothers in a racetrack in Makati which Lachica and Gaston attended. Lachica preferred the NBI because he wanted a thorough investigation in view of the gravity of the offense.
So, on the very next day, December 9, 1994, the Vice Grand Archon, Redentor Guerrero, went to the NBI and inquired about the procedure in filing a complaint. Thereafter, their then Grand Archon Jovy Bernabe, with Redentor Guerrero, informed them that they would be going to the NBI together. They were advised to rest and told that they would just be informed when they would go to the NBI. On the 11th, the two informed them that they would go to the NBI the next day and they did.49
The incident happened on a Thursday. On the evening of the incident, private complainants agreed that they would report the matter to the National Bureau of Investigation. On Friday, December 9, 1994, they were advised by their senior fraternity brothers to recuperate first from their injuries while their Grand Archon and Vice Grand Archon went to the National Bureau of Investigation to inquire on the procedure. They could not report the incident on December 10 and 11, 1994 because this was a Saturday and a Sunday. They were able to report to the National Bureau of Investigation on December 12, 1994, the Monday following the incident.50chanrobleslaw
The alleged delay in reporting was caused by the gravity of private complainants' injuries, their desire to report to the proper authorities, and the weekend. These circumstances are not enough to disprove their credibility as witnesses.
Soliva also takes exception to this Court's characterization that the University of the Philippines Police have become desensitized to fraternity-related violence.51chanrobleslaw
It is not disputed that the University of the Philippines has served as a common battleground for fraternity-related violence. In 2007, GMA News compiled a list of casualties of fraternity-related violence at the University of the Philippines.52 Six (6) students were reported to have died from fraternity-related violence before the December 8, 1994 incident at Beach House Canteen.
Even after the promulgation of our May 5, 2014 Decision, fraternity-related violence remained prevalent within the University. On July 4, 2014, the Office of the Chancellor issued a statement confirming another fraternity-related incident involving students of the University.53 Another fraternity rumble was reported to have occurred on university grounds.54 Although no casualties were reported in both incidents, these incidents only amplify the reality that fraternity-related violence continues to be rampant within the University.
The presence of the University of the Philippines Police or the severe sanctions imposed by university officials have done little to deter these crimes. The frequency of these incidents has become the University's cultural norm, where its students—and even university employees—simply regard it as part of university life.
Alvir argues that this Court erred in finding conspiracy among all the accused since the trial court acquitted those who were identified by Mangrobang, Jr.55 This argument, however, is non sequitur.
The trial court, in acquitting the other accused, stated:ChanRoblesVirtualawlibrary
The foregoing should not be misinterpreted to mean that the testimony of Mangrobang was an absolute fabrication. The Court is not inclined to make such a declaration. The four accused were exonerated merely because they were afforded the benefit of the doubt as their identification by Mangrobang, under tumultuous and chaotic circumstances were not corroborated and their alibis, not refuted.56
In contrast, Lachica's identification of Alvir was given credibility by the trial court.57 Alvir's alibi was also found to be weak.58chanrobleslaw
Conspiracy does not require that all persons charged in the information be found guilty. It only requires that those who were found guilty conspired in committing the crime. The acquittal of some of the accused does not necessarily preclude the presence of conspiracy.
Of the 10 accused in the Informations, four59 (4) were acquitted. The trial court was convinced that they were not present during the commission of the crime. Conspiracy cannot attach to those who were not properly identified.
However, Alvir, Zingapan, Soliva, Medalla, and Danilo Feliciano, Jr. (Feliciano) were positively identified by eyewitnesses before the trial court. The prosecution's evidence was enough to convince the trial court, the Court of Appeals, and this Court that they were present during the December 8, 1994 incident and that they committed the crime charged in the Informations. We have also exhaustively examined the evidence on hand, as well as the assessments of the trial court and of the Court of Appeals, to determine that all five (5) of them conspired to commit the crimes with which they were charged. The trial court's acquittal of some of those charged in the Informations has no bearing on our finding that Alvir, Zingapan, Soliva, Feliciano, and Medalla are guilty beyond reasonable doubt.
Soliva, however, argues that our May 5, 2014 Decision did not apply to those who did not appeal to this Court, namely: Feliciano and Medalla.60 At this point, a re-examination of the rules of appeal in criminal cases may be in order.
To recall the procedural incidents in this case, the trial court's Decision61 dated February 28, 2002 found Alvir, Zingapan, Soliva, Feliciano, and Medalla guilty beyond reasonable doubt of the murder of Dennis Venturina and the attempted murder of Lachica, Fortes, Natalicio,
Gaston, and Mangrobang, Jr.62 They were meted the death penalty, and the case was brought to this Court on automatic review.63chanrobleslaw
In view, however, of People v. Mateo64 and the Amended Rules to Govern Review of Death Penalty Cases,65 this Court referred the case to the Court of Appeals for review. A notice of appeal in this instance was unnecessary. Rule 122, Sections 3(d) and 10 of the Rules of Criminal Procedure, as amended, state:
chanRoblesvirtualLawlibraryRULE 122
SEC. 3. How appeal taken.—
(d) No notice of appeal is necessary in cases where the Regional Trial Court imposed the death penalty. The Court of Appeals shall automatically review the judgment as provided in Section 10 of this Rule. (3a)
SEC. 10. Transmission of records in case of death penalty. —In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Court of Appeals for automatic review and judgment within twenty days but not earlier than fifteen days from the promulgation of the judgment or notice of denial of a motion for new trial or reconsideration. The transcript shall also be forwarded within ten days after the filing thereof by the stenographic reporter. (Emphasis supplied)
The Court of Appeals was mandated to review the case with regard to all five (5) of the accused, now referred to as accused-appellants, regardless of whether they filed a notice of appeal. The review is considered automatic.
During the pendency of the appeal before the Court of Appeals, Congress enacted Republic Act No. 9346,66 which prohibited courts from imposing the death penalty. In its November 26, 2010 Decision,67 the Court of Appeals affirmed the trial court's finding that accused-appellants were guilty beyond reasonable doubt of the murder of Dennis Venturina. In view of the proscription on death penalty, the Court of Appeals modified the imposable penalty from death to reclusion perpetua.68chanrobleslaw
However, the Court of Appeals disagreed with the trial court's finding that accused-appellants were likewise guilty of attempted murder with regards Lachica, Mangrobang, Jr., and Gaston.69 It stated that the gravity of their injuries was not indicative of accused-appellants' intent to kill.70 Instead, the Court of Appeals modified the offense to slight physical injuries.71 In other words, it found accused-appellants guilty of the murder of Dennis Venturina, the attempted murder of Fortes and Natalicio, and the slight physical injuries of Lachica, Mangrobang, Jr., and Gaston.72chanrobleslaw
Only three (3)—namely: Soliva, Alvir, and Zingapan—of the five (5) accused-appellants filed their respective Notices of Appeal before this Court. The Court of Appeals forwarded the records of the case to this Court, and the entire case was again opened for review under Rule 124, Section 13(b) and (c) of the Rules of Criminal Procedure:
SEC. 13. Certification or appeal of case to the Supreme Court.—
(b) Where the judgment also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed, and the accused appeals, the appeal shall be included in the case certified for review to, the Supreme Court.
(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals. (Emphasis supplied)
In our May 5, 2014 Decision,73 we reversed the Court of Appeals' modification of the offense from attempted murder to slight physical injuries.74 We explained that the liabilities of accused-appellants arose from a single incident where the intent to kill was already evident from the first swing of the bat, and that intent was shared by all when the presence of conspiracy was proven. In effect, we affirmed the trial court's ruling that accused-appellants were guilty of the attempted murder of Lachica, Fortes, Natalicio, Gaston, and Mangrobang, Jr.75chanrobleslaw
According to Article 24876 in relation to Article 5177 of the Revised Penal Code, attempted murder is punishable by prision mayor. Slight physical injuries, on the other hand, is punishable by arresto menor. The Court of Appeals, in modifying the offenses with regard to victims Lachica, Gaston, and Mangrobang, Jr., lowered some of the imposable penalties of accused-appellants. On appeal to this Court, however, we reverted to the findings of the trial court and brought back the higher offense of attempted murder. In this instance, the application of the higher penalty to accused-appellants becomes problematic when only three (3) of them actually appealed to this Court.
The problem lies with the effect of the prohibition of death penalty on the current rules on appeal in the Rules of Criminal Procedure. The amendments introduced in the Amended Rules to Govern Review of Death Penalty Cases still stand even if, as this Court has previously mentioned, "death penalty cases are no longer operational."78chanrobleslaw
In People v. Rocha,79 this Court encountered a similar problem. The issue for resolution was whether the accused's Motion to Withdraw Appeal before this Court could be granted if the Court of Appeals imposed a penalty of reclusion perpetual80 The People were of the opinion that the appeal could not be withdrawn since this Court was mandated by the Constitution to review all cases where the penalty imposed is reclusion perpetua or higher.81chanrobleslaw
However, this Court ruled that the appeal could still be withdrawn as cases where the penalty imposed is reclusion perpetua or higher is not subject to this Court's mandatory review. Thus:ChanRoblesVirtualawlibrary
The confusion in the case at bar seems to stem from the effects of the Decision of this Court in People v. Mateo. In Mateo, as quoted by plaintiff-appellee, it was stated that "[w]hile the Fundamental Law requires a mandatory review by the Supreme Court of cases where the penalty imposed is reclusion perpetua, life imprisonment, or death, nowhere, however, has it proscribed an intermediate review." A closer study of Mateo, however, reveals that the inclusion in the foregoing statement of cases where the penalty imposed is reclusion perpetua and life imprisonment was only for the purpose of including these cases within the ambit of the intermediate review of the Court of Appeals: "[this] Court now deems it wise and compelling to provide in these cases [cases where the penalty imposed is reclusion perpetua, life imprisonment or death] review by the Court of Appeals before the case is elevated to the Supreme Court."
We had not intended to pronounce in Mateo that cases where the penalty imposed is reclusion perpetua or life imprisonment are subject to the mandatory review of this Court. In Mateo, these cases were grouped together with death penalty cases because, prior to Mateo, it was this Court which had jurisdiction to directly review reclusion perpetua, life imprisonment and death penalty cases alike. The mode of review, however, was different. Reclusion perpetua and life imprisonment cases were brought before this Court via a notice of appeal, while death penalty cases were reviewed by this Court on automatic review.
After the promulgation of Mateo on 7 June 2004, this Court promptly caused the amendment of the foregoing provisions, but retained the distinction of requiring a notice of appeal for reclusion perpetua and life imprisonment cases and automatically reviewing death penalty cases. .
Neither does the Constitution require a mandatory review by this Court of cases where the penalty imposed is reclusion perpetua or life imprisonment. The constitutional provision quoted in Mateo merely gives this Court jurisdiction over such cases[.]
Since the case of accused-appellants is not subject to the mandatory review of this Court, the rule that neither the accused nor the courts can waive a mandatory review is not applicable. Consequently, accused-appellants' separate motions to withdraw appeal may be validly granted.82 (Emphasis supplied)
Here, the trial court's ruling mandated an automatic review and the case was forwarded to the Court of Appeals per Mateo and the Amended Rules to Govern Review of Death Penalty Cases. As the death penalty was abolished during the pendency of the appeal before the Court of Appeals, the highest penalty the Court of Appeals could impose was reclusion perpetua. Any review of the Court of Appeals Decision by this Court will never be mandatory or automatic.
In effect, while we can review the case in its entirety and examine its merits, we cannot disturb the penalties imposed by the Court of Appeals on those who did not appeal, namely, Feliciano and Medalla. This is consistent with Rule 122, Section 1 l(a) of the Rules of Criminal Procedure:
SEC. 11. Effect of appeal by any of several accused. —
(a) An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter[.]
As our May 5, 2014 Decision was unfavorable to accused-appellants, those who did not appeal must not be affected by our judgment. The penalty of arresto menor imposed by the Court of Appeals on Feliciano and Medalla in Criminal Case Nos. Q95-61134, Q95-61135, and Q95-61136 stands.
In view, however, of People v. Jugueta83 the damages previously awarded must also be increased. In Jugueta, we stated that "civil indemnity is, technically, not a penalty or a fine; hence, it can be increased by [this] Court when appropriate."84 We also explained that the Civil Code did not fix the amount of moral damages, exemplary damages, and temperate damages that may be awarded; thus, the amount is within this Court's discretion to determine.85chanrobleslaw
In Criminal Case No. Q95-61133, the award of civil indemnity, moral damages, and exemplary damages are increased to P100,000.00,86 respectively. The amount of temperate damages to be awarded is increased to P50,000.00.87 In Criminal Cases Nos. Q95-61134, Q95-61135, Q95-61136, O95-61137, and Q95-61138, the award of moral damages and exemplary damages are increased to P50,000.00,88 respectively.
Soliva takes exception to this Court's statements on fraternity culture and argued that these have no basis on facts or evidence.89 Unfortunately, our May 5, 2014 Decision was not the first time that this Court expressed its sentiments on the issue of fraternity-related violence.
In Villareal v. People,90 this Court found five (5) promising young men guilty beyond reasonable doubt of reckless impudence resulting in homicide for the death of Lenny Villa, an Ateneo law student and a neophyte of Aquila Legis Fraternity. This Court could only lament on accused-appellants' fate and the senseless loss of life in the name of a so-called "brotherhood," stating:ChanRoblesVirtualawlibrary
It is truly astonishing how men would wittingly — or unwittingly — impose the misery of hazing and employ appalling rituals in the name of brotherhood. There must be a better way to establish "kinship." A neophyte admitted that he joined the fraternity to have more friends and to avail himself of the benefits it offered, such as tips during bar examinations. Another initiate did not give up, because he feared being looked down upon as a quitter, and because he felt he did not have a choice. Thus, for Lenny Villa and the other neophytes, joining the Aquila Fraternity entailed a leap in the dark. By giving consent under the circumstances, they left their fates in the hands of the fraternity members. Unfortunately, the hands to which lives were entrusted were barbaric as they were reckless.91 (Emphasis supplied)
Indeed, the blind loyalty held by fraternity members to their "brothers" defies logic or reason.
In People v. Colana,92 an innocent college student, Librado De la Vega (De la Vega), became collateral damage between two rival fraternities in Far Eastern University. When De la Vega passed Phi Lambda Epsilon officer Leonardo Colana's (Colana) group on his way to school, the head of Colana's fraternity told him that De la Vega was a member of Alpha Kappa Rho, their rival fraternity. The group approached De la Vega as Colana, armed with an ice pick, stabbed De la Vega repeatedly. They left De la Vega on the street to die.
On appeal, this Court affirmed the trial court's finding that Colana was guilty beyond reasonable doubt of murder, stating that "[m]otive for the killing was revenge. On a prior occasion some members of the Epsilon fraternity were beaten allegedly by members of the Alpha fraternity."93chanrobleslaw
This Court likewise briefly mentioned the senselessness of De la Vega's death:ChanRoblesVirtualawlibrary
What is lamentable is that De la Vega was not an FEU student, much less a member of the Alpha fraternity. He used to be an engineering student at the Feati University. At the time of his death, he was studying typing.94
Death or injuries caused by fraternity rumbles are not treated as separate or distinct crimes, unlike deaths or injuries as a result of hazing. They are punishable as ordinary crimes of murder, homicide, or physical injuries under the Revised Penal Code.
The prosecution of fraternity-related violence, however, is harder than the prosecution of ordinary crimes. Most of the time, the evidence is merely circumstantial. The reason is obvious: loyalty to the fraternity dictates that brods do not turn on their brods. A crime can go unprosecuted for as long as the brotherhood remains silent.
Perhaps the best person to explain fraternity culture is one of its own. Raymund Narag was among those charged in this case but was eventually acquitted by the trial court. In 2009, he wrote a blog entry outlining the culture and practices of a fraternity, referring to the fraternity system as "a big black hole that sucks these young promising men to their graves."95 This, of course, is merely his personal opinion on the matter. However, it is illuminating to see a glimpse of how a fraternity member views his disillusionment of an organization with which he voluntarily associated. In particular, he writes that:ChanRoblesVirtualawlibrary
The fraternities anchor their strength on secrecy. Like the Sicilian code of omerta, fraternity members are bound to keep the secrets from the non-members. They have codes and symbols the frat members alone can understand. They know if there are problems in campus by mere signs posted in conspicuous places. They have a different set [sic] of communicating, like inverting the spelling of words, so that ordinary conversations cannot be decoded by non-members.
It takes a lot of acculturation in order for frat members to imbibe the code of silence. The members have to be a mainstay of the tambayan to know the latest developments about new members and the activities of other frats. Secrets are even denied to some members who are not really in to [sic] the system. They have to earn a reputation to be part of the inner sanctum. It is a form of giving premium to become the "true blue member".
The code of silence reinforces the feeling of elitism. The fraternities are worlds of their own. They are sovereign in their existence. They have their own myths, conceptualization of themselves and worldviews. Save perhaps to their alumni association, they do not recognize any authority aside from the head of the fraternity.96
The secrecy that surrounds the traditions and practices of a fraternity becomes problematic on an evidentiary level as there are no set standards from which a fraternity-related crime could be measured. In People v. Gilbert Peralta,97 this Court could not consider a fraternity member's testimony biased without any prior testimony on fraternity behavior:ChanRoblesVirtualawlibrary
Esguerra testified that as a fraternity brother he would do anything and everything for the victim. A witness may be said to be biased when his relation to the cause or to the parties is such that he has an incentive to exaggerate or give false color or pervert the truth, or to state what is false. To impeach a biased witness, the counsel must lay the proper foundation of the bias by asking the witness the facts constituting the bias. In the case at bar, there was no proper impeachment by bias of the three (3) prosecution witnesses. Esguerra's testimony that he would do anything for his fellow brothers was too broad and general so as to constitute a motive to lie before the trial court. Counsel for the defense failed to propound questions regarding the tenets of the fraternity that espouse absolute fealty of the members to each other. The question was phrased so as to ask only for Esguerra's personal conviction[.]98 (Emphasis supplied)
The inherent difficulty in the prosecution of fraternity-related violence forces the judiciary to be more exacting in examining all the evidence on hand, with due regard to the peculiarities of the circumstances. In this instance, we have thoroughly reviewed the arguments presented by accused-appellants in their Motions for Reconsideration and have weighed them against the evidence on hand. Unfortunately, their Motions have not given us cause to reconsider our May 5, 2014 Decision.
WHEREFORE, this Court resolves to DENY with FINALITY the Motions for Reconsideration, both dated July 1, 2014, of accused-appellants Robert Michael Beltran Alvir and Warren L. Zingapan. The Motion for Modification of Judgment dated October 30, 2014 filed by accused-appellant Robert Michael Beltran Alvir is DENIED.
The Motion for Reconsideration of accused-appellant Christopher Soliva, however, is PARTLY GRANTED. Judgment of the Court of Appeals is hereby MODIFIED as follows:ChanRoblesVirtualawlibrary
In Criminal Case No. Q95-61133, accused-appellants Robert Michael Beltran Alvir, Danilo Feliciano, Jr., Christopher Soliva, Julius Victor Medalla, and Warren L. Zingapan are found GUILTY beyond reasonable doubt of murder and are sentenced to suffer the penalty of reclusion perpetua, without parole.
In addition, the accused-appellants are ordered to jointly and severally pay the heirs of Dennis Venturina the following amounts:
(a) P100,000.00 as civil indemnity;
(b) PI39,642.70 as actual damages;
(c) P5 0,000.00 as temperate damages;
(d) P100,000.00 as moral damages; and
(e) P100,000.00 as exemplary damages.
In Criminal Cases No. Q95-61134, Q95-61135, Q95-61136, Q95-61137, and Q95-61138, accused-appellants Robert Michael Beltran Alvir, Danilo Feliciano, Jr., Christopher Soliva, Julius Victor Medalla, and Warren L. Zingapan are found GUILTY beyond reasonable doubt of attempted murder.
Accused-appellants Robert Michael Beltran Alvir, Christopher Soliva, and Warren L. Zingapan are sentenced to suffer the indeterminate penalty of two (2) years, six (6) months, and one (1) day of prision correctional as minimum and twelve (12) years of prision mayor as maximum. A
Danilo Feliciano, Jr. and Julius Victor Medalla are sentenced to suffer arresto menor, or thirty (30) days of imprisonment.
In addition, all accused-appellants are ordered to jointly and severally pay private complainants Leonardo Lachica, Cesar Mangrobang-Jr., Cristobal Gaston, Jr., Mervin Natalicio, and Arnel Fortes the following amounts:ChanRoblesVirtualawlibrary
(a) P50,000.00 as moral damages; and
(b) P50,000.00 as exemplary damages.
Accused-appellants Robert Michael Beltran Alvir, Christopher Soliva, and Warren L. Zingapan are additionally ordered to jointly and severally pay private complainant Mervin Natalicio P820.50 as actual damages.
All awards of damages shall earn 6% legal interest per annum from the finality of this judgment until its full satisfaction.
SO ORDERED.chanroblesvirtuallawlibrary
Sereno, C.J.,* Del Castillo,*** and Perez,**** JJ., concur.
Peralta, J., (Acting Chairperson),** I dissent and maintain my original opinion.
* Chief Justice Maria Lourdes P. A. Sereno was designated as Acting Member of the Third Division, vice Associate Justice Presbitero J. Velasco, Jr., per Raffle dated February 1, 2012.
** Associate Justice Diosdado M. Peralta was designated as Acting Chairperson of the Third Division, vice Associate Justice Presbitero J. Velasco, Jr. who recused himself due to close relation to one of the parties.
*** Associate Justice Mariano C. Del Castillo was designated as Acting Member of the Third Division, vice Associate Justice Jose Catral Mendoza who penned the Regional Trial Court Decision, per Raffle datedApril29,2014.
**** Associate Justice Jose P. Perez was designated as Acting Member of the Third Division, vice Associate Justice Roberto A. Abad who retired on May 22, 20 ] 4 and vice Associate Justice Francis H. Jardeleza who recused himself from the case due to prior action as Solicitor General, per Raffle dated September 8,2014.
1See Rainier Allan Ronda, St. Benilde sophomore dies in fraternity hazing, The Philippine Star, June 30, 2014 (visited August 1, 2016); St. Benilde student dies in suspected hazing incident, Rappler, June 29, 2014 (visited August 1, 2016); Julliane Love De Jesus, Cops eye 11 fraternity men as suspects in Servando fatal hazing, Philippine Daily Inquirer, June 30, 2014 (visited August 1, 2016).
2Rollo, pp. 596-624.
3 Id. at 500-592.
5 Id. at 4-74-A. The Decision was penned by Presiding Justice Andres B. Reyes, Jr. and concurred in by Associate Justices Amelita G. Tolentino, Jose C. Reyes, Jr., and Mariflor P. Punzalan-Castillo of the Special First Division, Division of Five. Associate Justice Stephen C. Cruz dissented.
6 CA rollo, pp. 133-215. The Decision was penned by Presiding Judge Jose Catral Mendoza (now Associate Justice of this Court) of Branch 219, Regional Trial Court, Quezon City.
7Rollo, p. 636.
8 Id. at 594.
10 RULES OF COURT, Rule 7, sec. 3 provides:
chanRoblesvirtualLawlibrarySection 3. Raffle Committee Secretariat. - The Clerk of Court shall serve as the Secretary of the Raffle Committee. He or she shall be assisted by a court attorney, duly designated by the Chief Justice from either the Office of the Chief Justice or the Office of the Clerk of Court, who shall be responsible for (a) recording the raffle proceedings and (b) submitting the minutes thereon to the Chief Justice. The Clerk of Court shall make the result of the raffle available to the parties and their counsels or to their duly authorized representatives, except the raffle of (a) bar matters; (b) administrative cases; and (c) criminal cases where the penalty imposed by the lower court is life imprisonment, and which shall be treated with strict confidentiality.
11Rollo, pp. 626-635.
12 Id. at 636-637.
15 Id. at 599.
19People v. Jalbonian, 713 Phil. 93, 95 (2013) [Per J. Del Castillo, Second Division], citing People v. Gonzales, G.R. No. 105689, February 23, 1994, 230 SCRA 291, 296 [Per J. Bidin, Third Division] states: "Well-settled is the rule that the testimony of a lone prosecution witness, as long as it is credible and positive, can prove the guilt of the accused beyond reasonable doubt."
20 TSN, July 3, 1995, pp. 10-16.
21 Id. at 55.
22 TSN, September 3, 1996, pp. 73-74.
23 TSN, September 18, 1996, pp. 82-83.
24 TSN, September 3, 1996, p. 42.
25cralawred Id. at 15.
26 TSN, April, 30, 1997, pp. 6-7
27 Id. at 9.
28 Id. at 40-41.
29 TSN, December 4, 1995, p. 47.
30Rollo, p. 481.
32People v. Dolar, 301 Phil. 420, 430 (1994) [Per J. Puno, Second Division], citing People v. Sartagoda, 293 Phil. 259, 266 (1993) [Per J. Campos, Jr., Second Division]. See also People v. Selfaison, 110 Phil. 839, 845-846 (1961) [Per J. Gutierrez-David, En Bane].
33 TSN, June 5, 1995, pp. 11-12.
36People v. PO2 Valdez, et al., 679 Phil. 279, 293-294 (2012) [Per J. Bersamin, First Division].
37 RTC records, Vol. I, p. 3.
38People v. Feliciano, Jr., G.R. No. 196735, May 5, 2014, 724 SCRA 148, 171 [Per J. Leonen, Third Division], citing People v. Sabangan Cabato, 243 Phil. 262 (1988) [Per J. Cortes, Third Division] and People v. Veloso, 197 Phil. 846 (1982) [Per Curiam, En Bane].
40 CA rollo, pp. 165-166, Regional Trial Court Decision.
41Rollo, pp. 577 and 607.
42 Id. at 494, 567-568, and 609-610.
43 CA rollo, p. 177.
48Rollo, p. 538, Zingapan's Motion for Reconsideration, citing Progress Report dated December 14, 1994, Exhibit"
50 Id.
51 Rollo, p. 612.
52See Casualties of Frat-Related Violence, GMA News Online, September 5, 2007 (visited August 1,2016).
53 See Jee Y. Geronimo, Upsilon involved in UP hazing that injured 17-year-old, Rappler, July 4, 2014 (visited August 1, 2016).
54 See Erica Sauler, Frat violence on UP Day: 3 mauled, 5 arrested, Inquirer News Online, June 20, 2015 (visited August 1, 2016).
55Rollo, pp. 497-98.
59 The case against Benedict Guerrero was archived by the trial court as authorities have not yet been able to arrest him, nor has he voluntarily submitted to the jurisdiction of the trial court.
61 CA rollo, pp. 133-215.
63 CONST., art. VIII, sec. 5(2)(d) provides:ChanRoblesVirtualawlibrary
SECTION 5. The Supreme Court shall have the following powers:
chanRoblesvirtualLawlibrary(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:
chanRoblesvirtualLawlibrary(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
64 477 Phil. 752 (2004) [Per J. Vitug, En Bane].
65 Adm. Order No. 00-5-03-SC (2004).
66 An Act Prohibiting the Imposition of Death Penalty in the Philippines (2006).
67Rollo, pp. 4-74-A.
68 Rep. Act No. 9346 (2006), sec. 2 provides:ChanRoblesVirtualawlibrary
SECTION 2. In lieu of the death penalty, the following shall be imposed:
chanRoblesvirtualLawlibrary(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or
(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code.
73People v. Feliciano, Jr., G.R. No. 196735, 724 SCRA 148 [Per J. Leonen, Third Division].
76 Rev. Pen. Code, art. 248 provides:
chanRoblesvirtualLawlibraryARTICLE 248. Murder. — Any person who, not falling within the provisions of article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:ChanRoblesVirtualawlibrary
With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
In consideration of a price, reward or promise.
By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity.
With evident premeditation.
With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
77 Rev. Pen. Code, art. 51 provides:ChanRoblesVirtualawlibrary
ARTICLE 51. Penalty to Be Imposed Upon Principals of Attempted Crimes. — The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.
78People v. Abon, 569 Phil. 298, 307(2008) [Per J. Velasco, En Bane].
79 558 Phil. 521 (2007) [Per J. Chico-Nazario, Third Division].
81See CONST., art. VIII, sec. 5(2)(d).
82People v. Rocha, 558 Phil. 521, 530-535 (2007) [Per J. Chico-Nazario, Third Division], citing People v. Mateo, All Phil. 752, 770-771 (2004) [Per J. Vitug, En Bane].
83 G.R. No. 202124, April 4, 2016 [Per J. Peralta, En Bane].
84 Id. at 14, citing Corpuz v. People of the Philippines, 134 Phil. 353, 416 (2014) [Per J. Peralta, En Banc].
85 Id. at 15-18, 28.
90 680 Phil. 527 (2012) [Per J. Sereno, Second Division].
92 211 Phil. 216 (1983) [Per J.Aquino, Second Division].
95 Raymund Narag, Inside the brotherhood: Thoughts on Fraternity Violence, The blog of Raymund Narag, December 10, 2009 (visited August 1, 2016).
97 403 Phil. 72 (2001) [Per J. De Leon, Second Division].
98 Id. at 88, citing People v. Watin, 67 OG 5901.
August-2016 Jurisprudence
G.R. No. 206936, August 03, 2016 - PICOP RESOURCES, INC., Petitioners, v. SOCIAL SECURITY COMMISSION AND MATEO A. BELIZAR, Respondents.
G.R. No. 201070, August 01, 2016 - LUZ S. NICOLAS, Petitioner, v. LEONORA C. MARIANO, Respondent.
G.R. No. 195072, August 01, 2016 - BONIFACIO DANAN, Petitioner, v. SPOUSES GREGORIO SERRANO AND ADELAIDA REYES, Respondents.
G.R. No. 202531, August 17, 2016 - GOMECO METAL CORPORATION, Petitioner, v. THE COURT OF APPEALS, AND PAMANA ISLAND RESORT HOTEL AND MARINA CLUB, INCORPORATED, Respondents.
G.R. No. 187349, August 17, 2016 - BARANGAY MAYAMOT, ANTIPOLO CITY, Petitioner, v. ANTIPOLO CITY, SANGGUNIANG PANGLUNGSOD OF ANTIPOLO, BARANGAYS STA. CRUZ, BAGONG NAYON AND MAMBUGAN, AND CITY ASSESSOR AND TREASURER, Respondents.
G.R. No. 214450, August 10, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANUEL PRADO Y MARASIGAN, Accused-Appellants.
G.R. No. 194649, August 10, 2016 - SOLIMAN SECURITY SERVICES, INC. AND TERESITA L. SOLIMAN, Petitioners, v. IGMEDIO C. SARMIENTO, JOSE JUN CADA AND ERVIN R. ROBIS, Respondents.
G.R. No. 201106, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GERALD BALLACILLO, Accused-Appellant.
G.R. No. 212930, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANGELO BUENAFE Y BRIONES @ ANGEL, Accused-Appellant.
G.R. No. 158464, August 02, 2016 - JOCELYN S. LIMKAICHONG, Petitioner, v. LAND BANK OF THE PHILIPPINES, DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY THE SECRETARY OF AGRARIAN REFORM, THROUGH THE PROVINCIAL AGRARIAN REFORM OFFICER, Respondents.
G.R. No. 192790, August 01, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. YOLANDO LIBRE ALIAS "NONOY," Accused-Appellant.
G.R. No. 184008, August 03, 2016 - INDIAN CHAMBER OF COMMERCE PHILS., INC., Petitioner, v. FILIPINO INDIAN CHAMBER OF COMMERCE IN THE PHILIPPINES, INC., Respondent.
A.C. No. 9436, August 01, 2016 - SPOUSES NUNILO AND NEMIA ANAYA, Complainants, v. ATTY. JOSE B. ALVAREZ, JR., Respondent.
A.C. No. 11380, August 16, 2016 - JEN SHERRY WEE-CRUZ, Complainant, v. ATTY. CHICHINA FAYE LIM, Respondent.
G.R. No. 210218, August 17, 2016 - NATIONAL POWER CORPORATION, Petitioner, v. HEIRS OF ANTONINA RABIE, REPRESENTED BY ABRAHAM R. DELA CRUZ, Respondent.
G.R. No. 212848, August 17, 2016 - ISIDRO COSME AND FERNAN COSME, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondents.
A.M. No. P-16-3485 [Formerly A.M. No. 14-4-47-MTC], August 01, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ELENA S. DIONISIO, FORMER OFFLCER-IN-CHARGE, INTERPRETER I, MUNICIPAL TRIAL COURT, CARDONA, RIZAL, Respondent.
G.R. No. 210752, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDDIE REGALADO, Accused-Appellant.
G.R. No. 191088, August 17, 2016 - FRILOU CONSTRUCTION, INC., Petitioner, v. AEGIS INTEGRATED STRUCTURE CORPORATION, Respondent.
G.R. No. 205004, August 17, 2016 - SPOUSES ERNESTO IBIAS, SR. AND GONIGONDA IBIAS, Petitioners, v. BENITA PEREZ MACABEO, Respondent.
A.C. No. 10443, August 08, 2016 - WILLIAM G. CAMPOS, JR., REPRESENTED BY ROSARIO B. CAMPOS, RITA C. BATAC AND DORINA D. CARPIO, Complainants, v. ATTY. ALEXANDER C. ESTEBAL, Respondent.
G.R. No. 205623, August 10, 2016 - CONCHITA A. SONLEY, Petitioner, v. ANCHOR SAVINGS BANK/ EQUICOM SAVINGS BANK, Respondent.
G.R. No. 208181, August 31, 2016 - MANILA ELECTRIC COMPANY, Petitioner, v. N.E. MAGNO CONSTRUCTION, INC., Respondent.
G.R. No. 202808, August 24, 2016 - EDUARDO C. SILAGAN, Petitioner, v. SOUTHFIELD AGENCIES, INC., VICTORIANO A. BASCO AND/OR HYUNDAI MERCHANT MARITIME, CO., LTD.,* Respondent.
G.R. No. 206878, August 22, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARCELINO CAGA Y FABRE, Accused-Appellant.
G.R. No. 207586, August 17, 2016 - AFP RETIREMENT AND SEPARATION BENEFITS SYSTEM (AFPRSBS), Petitioner, v. EDUARDO SANVICTORES, Respondent.
A.C. No. 8210, August 08, 2016 - SPOUSES MANOLO AND MILINIA NUEZCA, Complainants, v. ATTY. ERNESTO V. VILLAGARCIA, Respondent.
G.R. No. 210128, August 17, 2016 - ATTY. AMADO Q. NAVARRO, Petitioner, v. OFFICE OF THE OMBUDSMAN AND DEPARTMENT OF FINANCE-REVENUE INTEGRITY PROTECTION SERVICES (DOF-RIPS), REPRESENTED BY JOSE APOLONIO, Respondent.
G.R. No. 182252, August 03, 2016 - JOSE NORBERTO ANG, Petitioner, v. THE ESTATE OF SY SO, Respondent.
G.R. No. 167082, August 03, 2016 - TERESITA I. BUENAVENTURA, Petitioner, v. METROPOLITAN BANK AND TRUST COMPANY, Respondent.
G.R. No. 189852, August 17, 2016 - THOMAS BEGNAEN, Petitioner, v. SPOUSES LEO CALIGTAN AND ELMACALIGTAN, Respondents.
G.R. No. 192297, August 03, 2016 - SUPRA MULTI-SERVICES, INC., JESUS TAMBUNTING, JR., AND RITA CLAIRE T. DABU, Petitioners, v. LANIE M. LABITIGAN, Respondent.
G.R. No. 219830, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROBERTO O. BATUHAN AND ASHLEY PLANAS LACTURAN, Accused-Appellants.
G.R. No. 219783, August 03, 2016 - SPOUSES ERNESTO TATLONGHARI AND EUGENIA TATLONGHARI, Petitioners, v. BANGKO KABAYAN-IBAAN RURAL BANK, INC., Respondent.
A.C. No. 8825, August 03, 2016 - BUDENCIO DUMANLAG, Complainant, v. ATTY. JAIME M. BLANCO, JR., Respondent.
G.R. No. 220998, August 08, 2016 - HOLCIM PHILIPPINES, INC., Petitioner, v. RENANTE J. OBRA, Respondent.
G.R. No. 209032, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VIVENCIO AUSA, Accused-Appellant.
G.R. No. 218809, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALLAN EGAGAMAO, Accused-Appellant.
G.R. No. 212530, August 10, 2016 - BLOOMBERRY RESORTS AND HOTELS, INC., Petitioner, v. BUREAU OF INTERNAL REVENUE, REPRESENTED BY COMMISSIONER KIM S. JACINTO-HENARES, Respondent.
G.R. No. 216130, August 03, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. GOODYEAR PHILIPPINES, INC., Respondent.
A.C. No. 11113, August 09, 2016 - CLEO B. DONGGA-AS, Complainant, v. ATTY. ROSE BEATRIX CRUZ-ANGELES, ATTY. WYLIE M. PALER, AND ATTY. ANGELES GRANDEA, OF THE ANGELES, GRANDEA & PALER LAW OFFICE, Respondent.
G.R. No. 213380, August 10, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMAN ESPIA, Accused-Appellant; JESSIE MORANA, REX ALFARO, RODRIGO AZUCENA, JR., AND RENANTE ABISADO, Accused.
G.R. No. 202176, August 01, 2016 - METROPOLITAN BANK & TRUST COMPANY, Petitioner, v. CHUY LU TAN, MR. ROMEO TANCO, DR. SY SE HIONG, AND TAN CHU HSIU YEN, Respondent.
A.M. No. P-13-3113, August 02, 2016 - ROSEMARIE GERDTMAN, REPRESENTED BY HER SISTER AND ATTORNEY-IN-FACT, ROSALINE LOPEZ BUNQUIN, Complainant, v. RICARDO V. MONTEMAYOR, JR., SHERIFF IV, OFFICE OF THE PROVINCIAL SHERIFF, CALAPAN CITY, PROVINCE OF ORIENTAL MINDORO, Respondent.
G.R. No. 207342, August 16, 2016 - GOVERNMENT OF HONGKONG SPECIAL ADMINISTRATIVE REGION, REPRESENTED BY THE PHILIPPINE DEPARTMENT OF JUSTICE, Petitioner, v. JUAN ANTONIO MUNOZ, Respondent.
G.R.No. 203880, August 10, 2016 - VICTORIA ECHANES, Petitioner, v. SPOUSES PATRICIO HAILAR AND ADORACION HAILAR, Respondents.
G.R. No. 200299, August 17, 2016 - SPOUSES JUAN CHUY TAN AND MARY TAN (DECEASED) SUBSTITUTED BY THE SURVIVING HEIRS, JOEL TAN AND ERIC TAN, Petitioners, v. CHINA BANKING CORPORATION, Respondent.
G.R. No. 206451, August 17, 2016 - ELPIDIO MAGNO, HEIRS OF ISIDRO M. CABATIC, NAMELY: JOSE CABATIC, RODRIGO CABATIC, AND MELBA CABATIC; AND ODELITO M. BUGAYONG, AS HEIR OF THE LATE AURORA MAGNO, Petitioners, v. LORENZO MAGNO, NICOLAS MAGNO, PETRA MAGNO, MARCIANO MAGNO, ISIDRO MAGNO, TEODISTA MAGNO, ESTRELLA MAGNO, BIENVENIDO M. DE GUZMAN, CONCHITA M. DE GUZMAN, SILARY M. DE GUZMAN, MANUEL M. DE GUZMAN AND MANOLO M. DE GUZMAN, Respondents.
G.R. No. 196289, August 15, 2016 - Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 217024, August 15, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODEL BOLO Y MALDO, Accused-Appellant.
G.R. No. 200765, August 08, 2016 - DESIDERIO RANARA, JR., Petitioner, v. ZACARIAS DE LOS ANGELES, JR., Respondent.
G.R. No. 213157, August 10, 2016 - NATIONAL GRID CORPORATION OF THE PHILIPPINES, Petitioner, v. OFELIAM. OLIVA, IN HER OFFICIAL CAPACITY AS THE CITY TREASURER OF CEBU CITY, Respondent.; G.R. NO. 213558 - OFELIA M. OLLVA, IN HER OFFICIAL CAPACITY AS THE CITY TREASURER OF CEBU CITY, Petitioner, v. NATIONAL GRID CORPORATION OF THE PHILIPPINES, Respondent.
A.C. No. 10231, August 10, 2016 - OSCAR M. BAYSAC, Complainant, v. ATTY. ELOISA M. ACERON-PAPA, Respondent.
G.R. No. 189081, August 10, 2016 - GLORIA S. DY, Petitioner, v. PEOPLE OF THE PHILIPPINES, MANDY COMMODITIES CO., INC., REPRESENTED BY ITS PRESIDENT, WILLIAM MANDY, Respondent.
G.R. No. 203192, August 15, 2016 - IBM PHILIPPINES, INC., Petitioner, v. PRIME SYSTEMS PLUS, INC., Respondent.
G.R. No. 188769, August 03, 2016 - JOSEPH OMAR O. ANDAY A, Petitioner, v. RURAL BANK OF CABADBARAN, INC., DEMOSTHENES P. ORAIZ and RICARDO D. GONZALEZ, Respondents.
G.R. No. 220715, August 24, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. RONNIE BOY EDA Y CASANI, Appellant.
G.R. No. 217872, August 24, 2016 - ALLIANCE FOR THE FAMILY FOUNDATION, PHILIPPINES, INC. (ALFI) AND ATTY. MARIA CONCEPCION S. NOCHE, IN HER OWN BEHALF AND AS PRESIDENT OF ALFI, JOSE S. SANDEJAS, ROSIE B. LUISTRO, ELENITA S.A. SANDEJAS, EMILY R. LAWS, EILEEN Z. ARANETA, SALVACION C. MONTIERO, MARIETTA C. GORREZ, ROLANDO M. BAUTISTA, RUBEN T. UMALI AND MILDRED C. CASTOR, Petitioners, v. HON. JANETTE L. GARIN, SECRETARY-DESIGNATE OF THE DEPARTMENT OF HEALTH, NICOLAS B. LUTERO III, ASSISTANT SECRETARY OF HEALTH, OFFICER-IN-CHARGE, FOOD AND DRUG ADMINISTRATION, AND MARIA LOURDES C. SANTIAGO, OFFICER-IN-CHARGE, CENTER FOR DRUG REGULATION AND RESEARCH, Respondents.; G.R. No. 221866 - MARIA CONCEPCION S. NOCHE, IN HER OWN BEHALF AND AS COUNSEL OF PETITIONERS, JOSE S. SANDEJAS, ROSIE B. LUISTRO, ELENITA S.A. SANDEJAS, EMILY R. LAWS, EILEEN Z. ARANETA, SALVACION C. MONTIERO, MARIETTA C. GORREZ, ROLANDO M. BAUTISTA, RUBEN T. UMALI AND MILDRED C. CASTOR, Petitioners, v. HON. JANETTE L. GARIN, SECRETARY-DESIGNATE OF THE DEPARTMENT OF HEALTH, NICOLAS B. LUTERO III, ASSISTANT SECRETARY OF HEALTH, OFFICER-IN-CHARGE, FOOD AND DRUG ADMINISTRATION, AND MARIA LOURDES C. SANTIAGO, OFFICER-IN-CHARGE, CENTER FOR DRUG REGULATION AND RESEARCH, Respondent.
G.R. No. 208758, August 24, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOVEN GERON Y YEMA, Accused-Appellant.
G.R. No. 214077, August 10, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. DANILO A. PANGASINAN, Respondent.
G.R. No. 212632, August 24, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DEN ANDO Y SADULLAH AND SARAH ANDO Y BERNAL, Accused-Appellants.
G.R. No. 219592, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARTHUR PARCON Y ESPINOSA, Accused-Appellant.
G.R. No. 181268, August 15, 2016 - MILAGROS HERNANDEZ, REPRESENTED BY HER ATTORNEY-IN-FACT, FE HERNANDEZ-ARCEO, Petitioner, v. EDWINA C. OCAMPO, PHILIPPINE SAVINGS BANK, FELICITAS R. MENDOZA, METROPOLITAN BANK AND TRUST COMPANY, THE SHERIFF, REGIONAL TRIAL COURT, BINAN, LAGUNA, AND THE REGISTER OF DEEDS, CALAMBA CITY, LAGUNA, Respondents.
G.R. No. 177875, August 08, 2016 - ATTY. RODOLFO D. MATEO, Complainant, v. EXECUTIVE SECRETARY ALBERTO G. ROMULO, DEPUTY EXECUTIVE SECRETARY ARTHUR P. AUTEA, PRESIDENTIAL ANTI-GRAFT COMMISSION, OFFICE OF THE PRESIDENT, JOSE J. BELTRAN, EVELYN F. DACUYCUY, C.G. DUMATAY, HIGEVO C. MANGOSING, JOEY C. CASTRO, PACITA F. BARBA, RICARDO OLARTE, BELEN I. JUAREZ, LIZA T. OLIVAR, LUISA C. BOKINGO, SANDRO JESUS T. SALES, EDGARDO T. AGBAY, EDUARDO F. PACIO, MILDRED V. BEADOY, FRANCIS B. HILARIE, MA. NERIZZA L. BERDIN, LUIS S. RONGAVTLLA, ARLENE C. DIAZ, MARY JANE M. LAPIDEZ, MELCHOR P. ABRIL, VILMA A. VERGARA, MA. ISABEL S. NOFUENTE, BEATRIZ N. SORIANO, MA. ANNABELLE S. LUSUNG, JAIME M. NOFUENTE, ERLINDA RIZO, MA. CHAREVA S. GONZALES, LILIAN P. GACUSAN, MA. ANGELICA R. RONGAVILLA, EVELYN V. AYSON, CHARITO M. MENGUITO, ARLEEN E. BATAC, RENATO R. RIZO, EDUARDO D. ADINO, MILAGROS M. VELASCO, BELEN T. TORMON, RENATO P. GOJO CRUZ AND EMMIE L. RUALES, Respondents.
G.R. No. 185369, August 03, 2016 - J. TOBIAS M. JAVIER AND VINCENT H. PICCIO III, Petitioners, v. RHODORA J. CADIAO, ALFONSO V. COMBONG, JR., BENJAMIN E. JUANITAS, CALIXTO G. ZALDIVAR III, DANTE M. BERIONG, FERNANDO C. CORVERA, HECTOR L. FRANGUE AND KENNY S. OLANDRES, Respondents.
G.R. No. 163494, August 03, 2016 - JESUSA T. DELA CRUZ Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 220023, August 08, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. DARIO TUBORO Y RAFAEL, Appellant.
G.R. No. 206227, August 31, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. STANLEY BUENAMER Y MANDANE, Accused-Appellant.
G.R. No. 215954, August 01, 2016 - SPOUSES JOVEN SY AND CORAZON QUE SY, Petitioners, v. CHINA BANKING CORPORATION, Respondent.
G.R. No. 189185, August 16, 2016 - WILFREDO MOSQUEDA, MARCELO VILLAGANES, JULIETA LAWAGON, CRISPIN ALCOMENDRAS, CORAZON SABINADA, VIRGINIA CATA-AG, FLORENCIA SABANDON, AND LEDEVINA ADLAWAN, Petitioners, v. PILIPINO BANANA GROWERS & EXPORTERS ASSOCIATION, INC., DAVAO FRUITS CORPORATION, AND LAPANDAY AGRICULTURAL AND DEVELOPMENT CORPORATION, Respondents.; G.R. No. 189305 - CITY GOVERNMENT OF DAVAO, Petitioner, v. COURT OF APPEALS, PILIPINO BANANA GROWERS & EXPORTERS ASSOCIATION (PBGEA), DAVAO FRUITS CORPORATION, AND LAPANDAY AGRICULTURAL AND DEVELOPMENT CORPORATION, Respondent.
G.R. No. 187850, August 17, 2016 - ANITA U. LORENZANA, Petitioner, v. RODOLFO LELINA, Respondent.
G.R. No. 215750, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CARLITO TAYAO Y LAYA, Accused-Appellant.
G.R. No. 191527, August 22, 2016 - BALIBAGO FAITH BAPTIST CHURCH, INC. AND PHILIPPINE BAPTIST S.B.C., INC., Petitioners, v. FAITH IN CHRIST JESUS BAPTIST CHURCH, INC. AND REYNALDO GALVAN, Respondent.
A.M. No. P-13-3137, August 23, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. UMAIMA L. SILONGAN, ABIE M. AMILIL, AND SALICK U. PANDA, JR., Respondent.
G.R. No. 170060, August 17, 2016 - DEVELOPMENT BANK OF THE PHILIPPINES, Petitioner, v. CLARGES CORPORATION, REALTY Respondent.
A.C. No. 2404, August 17, 2016 - NILO B. DIONGZON, Petitioner, v. ATTY. WILLIAM MIRANO, Respondent.
A.C. No. 7437, August 17, 2016 - AVIDA LAND CORPORATION (FORMERLY LAGUNA PROPERTIES HOLDINGS, INC.), Complainant, v. ATTY. AL C. ARGOSINO, Respondent.
G.R. No. 192491, August 17, 2016 - MARY JANE G. DY CHIAO, Petitioner, v. SEBASTIAN BOLIVAR, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 19, IN NAGA CITY, Respondent.
G.R. No. 220479, August 17, 2016 - PASDA, INCORPORATED, Petitioner, v. REYNALDO P. DIMAYACYAC, SR., SUBSTITUTED BY THE HEIRS, REPRESENTED BY ATTY. DEMOSTHENES D. C. DIMAYACYAC, Respondent.
G.R. No. 219569, August 17, 2016 - HSY MARKETING LTD., CO., Petitioner, v. VIRGILIO O. VILLASTIQUE, Respondent.
G.R. No. 205573, August 17, 2016 - HELEN LORENZO CUNANAN, Petitioner, v. COURT OF APPEALS, NINTH DIVISION, TEOFILO Q. INOCENCIO, REGIONAL DIRECTOR, DEPARTMENT OF AGRARIAN REFORM REGIONAL OFFICE NO. III, AND YOLANDA MERCADO, Respondent.
A.C. No. 9090, August 31, 2016 - TEODORO B. CRUZ, JR., Complainant, v. ATTYS. JOHN G. REYES, ROQUE BELLO AND CARMENCITA A. ROUS-GONZAGA, Respondents.
G.R. No. 218578, August 31, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ENRICO BRIONES BADILLA, Accused-Appellant.
G.R. No. 213187, August 24, 2016 - HAIDE BULALACAO-SORIANO, Petitioner, v. ERNESTO PAPINA, REPRESENTED BY ROSEMARY PAPINA-ZABALA, Respondent.
G.R. No. 215551, August 17, 2016 - JAKERSON G. GARGALLO, Petitioner, v. DOHLE SEAFRONT CREWING (MANILA), INC., DOHLE MANNING AGENCIES, INC., AND MR. MAYRONILO B. PADIZ, Respondent.
G.R. No. 213241, August 01, 2016 - PHILIPPINE NATIONAL BANK, Petitioner, v. JUAN F. VILA, Respondent.
G.R. No. 220461, August 24, 2016 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SPOUSES PRIMO C. YBAÑEZ AND NILA S. YBAÑEZ, MARIS Q. REYOS, AND MICHELLE T. HUAT, Accused-Appellants.
A.C. No. 9464, August 24, 2016 - INTERADENT ZAHNTECHNIK, PHIL., INC., REPRESENTED BY LUIS MARCO I. AVANCEÑA, Complainant, v. ATTY. REBECCA S. FRANCISCO-SIMBILLO, Respondent.
G.R. No. 200157, August 31, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOERY DELIOLA Y BARRIDO, A.K.A. "JAKE DELIOLA," Accused-Appellant.
A.M. No. P-16-3418 (Formerly A.M. No. P-12-3-46-RTC), August 08, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ANTONIA P. ESPEJO, STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 20, VIGAN CITY, ILOCOS SUR, Respondent.
G.R. No. 222658, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARIO GALIA BAGAMANO, Accused-Appellant.
A.M. No. P-16-3515 (Formerly OCA I.P.I. No. 15-4401-P), August 10, 2016 - ARNOLD G. TECSON, Complainant, v. ATTY. MARICEL LILLED ASUNCION-ROXAS, CLERK OF COURT VI, BRANCH 23, REGIONAL TRIAL COURT, TRECE MARTIRES CITY, CAVITE, Respondent.
G.R. No. 212340, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GERRJAN MANAGO Y ACUT, Accused-Appellant.
G.R. No. 214186, August 03, 2016 - RODFHEL BACLAAN, TORREFIEL, MYRA SUACILLO, LORLIE ORENDAY, SHEELA LAO, AND LEODELYN LIBOT, Petitioners, v. BEAUTY LANE PHILS., INC/MS. MA. HENEDINA D. TOBOJKA, Respondent.
G.R. No. 195138, August 24, 2016 - NATIONAL TRANSMISSION CORPORATION, Petitioner, v. MISAMIS ORIENTAL I ELECTRIC COOPERATIVE, INC., Respondent.
A.M. No. P-16-3490 [Formerly OCA IPI No. 14-4278-P], August 30, 2016 - JUDGE FE GALLON-GAYANILO, Complainant, v. ERIC C. CALDITO, PROCESS SERVER, BRANCH 35, REGIONAL TRIAL COURT, ILOILO CITY, ILOILO,, Respondent.
A.C. No. 11317, August 23, 2016 - ETHELENE W. SAN JUAN, Complainant, v. ATTY. FREDDIE A. VENIDA, Respondent.
G.R. No. 215715, August 31, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDCEL COLORADA, Accused-Appellant.
G.R. No. 220608, August 31, 2016 - MARCELINO T. TAMIN, Petitioner, v. MAGSAYSAY MARITIME CORPORATION AND/OR MASTERBULK PTE. LTD., Respondents.
G.R. No. 185473, August 17, 2016 - BERNADETTE IDA ANG HIGA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 200577, August 17, 2016 - CIVIL SERVICE COMMISSION, Petitioner, v. CAROLINA P. JUEN, Respondent.
G.R. No. 185638, August 10, 2016 - HONORABLE ALVIN P. VERGARA, IN HIS CAPACITY AS CITY MAYOR OF CABANATUAN CITY, AND SANGGUNIANG PANLUNGSOD OF CABANATUAN CITY, Petitioners, v. LOURDES MELENCIO S. GRECIA, REPRESENTED BY RENATO GRECIA, AND SANDRA MELENCIO IN REPRESENTATION OF MA. PAZ SALGADO VDA. DE MELENCIO, CONCHITA MELENCIO, CRISTINA MELENCIO AND LEONARDO MELENCIO, Respondents.
G.R. No. 190143, August 10, 2016 - SPOUSES LOLITA ORENCIA AND PEDRO D. ORENCIA, Petitioners, v. FELISA CRUZ VDA. DE RANIN, REPRESENTED BY HER ATTORNEY-IN-FACT, MRS. ESTELA C. TANCHOCO, Respondent.
A.C. No. 11350 [Formerly CBD Case No. 14-4211], August 09, 2016 - ADEGOKE R. PLUMPTRE, Complainant, v. ATTY. SOCRATES R. RIVERA, Respondent.
A.C. No. 9920 [Formerly A.M. No. MTJ-07-1691], August 30, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. FORMER JUDGE ROSABELLA M. TORMIS, Respondent.
G.R. No. 198756, August 16, 2016 - BANCO DE ORO, BANK OF COMMERCE, CHINA BANKING CORPORATION, METROPOLITAN BANK & TRUST COMPANY, PHILIPPINE BANK OF COMMUNICATIONS, PHILIPPINE NATIONAL BANK, PHILIPPINE VETERANS BANK, AND PLANTERS DEVELOPMENT BANK, Petitioners; RIZAL COMMERCIAL BANKING CORPORATION AND RCBC CAPITAL CORPORATION, Petitioners-Intervenors; CAUCUS OF DEVELOPMENT NGO NETWORKS, Petitioner-Intervenor, v. REPUBLIC OF THE PHILIPPINES, COMMISSIONER OF INTERNAL REVENUE, BUREAU OF INTERNAL REVENUE, SECRETARY OF FINANCE, DEPARTMENT OF FINANCE, THE NATIONAL TREASURER, AND BUREAU OF TREASURY, Respondents.
A.C. No. 7178, August 23, 2016 - VICENTE M. GIMENA, Complainant, v. ATTY. SALVADOR T. SABIO, Respondent.
G.R. No. 199239, August 24, 2016 - PERCY MALONESIO, IN HIS CAPACITY AS GENERAL MANAGER OF AIR TRANSPORTATION OFFICE (ATO), Petitioner, v. ARTURO M. JIZMUNDO, Respondent.
G.R. No. 216146, August 24, 2016 - ALFREDO L. CHUA, TOMAS L. CHUA AND MERCEDES P. DIAZ, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. Nos. 187822-23, August 03, 2016 - EVER ELECTRICAL MANUFACTURING, INC., VICENTE C. GO AND GEORGE C. GO, Petitioners, v. PHILIPPINE BANK OF COMMUNICATIONS (PBCOM), REPRESENTED BY ITS VICE-PRESIDENT, MR. DOMINGO S. AURE, Respondent.
G.R. No. 220399, August 22, 2016 - ENRIQUE Y. SAGUN, Petitioner, v. ANZ GLOBAL SERVICES AND OPERATIONS (MANILA), INC., GAY CRUZADA, AND PAULA ALCARAZ, Respondent.
G.R. No. 174379, August 31, 2016 - E.I. DUPONT DE NEMOURS AND CO. (ASSIGNEE OF INVENTORS CARINI, DUNCIA AND WONG), Petitioner, v. DIRECTOR EMMA C. FRANCISCO (IN HER CAPACITY AS DIRECTOR GENERAL OF THE INTELLECTUAL PROPERTY OFFICE), DIRECTOR EPIFANIO M. EVASCO (IN HIS CAPACITY AS THE DHUECTOR OF THE BUREAU OF PATENTS), AND THERAPHARMA, INC., Respondents.
A.M. No. P-16-3541 [Formerly OCA IPI No. 12-3915-P], August 30, 2016 - SYLVIA G. CORPUZ, Complainant, v. CEFERINA B. RIVERA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT OF DAVAO CITY, DAVAO DEL SUR, BRANCH 12, Respondent.; A.M. No. P-16-3542 [FORMERLY OCA IPI No. 13-4049-P] - PRESIDING JUDGE RUFINO S. FERRARIS, JR., MUNICIPAL TRIAL COURT IN CITIES OF DAVAO CITY, BRANCH 7, Complainant, v. CEFERINA B. RIVERA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT OF DAVAO CITY, DAVAO DEL SUR, BRANCH 12, Respondent.; A.M. No. P-16-3543 [FORMERLY OCA IPI No. 13-4074-P] - IRINEO F. MARTINEZ, JR., Complainant, v. CEFERINA B. RIVERA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT OF DAVAO CITY, DAVAO DEL SUR, BRANCH 12, RESPONDENT.; OCA IPI No. 14-2731-MTJ - CEFERINA B. RIVERA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT OF DAVAO CITY, DAVAO DEL SUR, BRANCH 12, Complainant, v. PRESIDING JUDGE RUFINO S. FERRARIS, JR., MUNICIPAL TRIAL COURT IN CITIES OF DAVAO CITY, BRANCH 7, Respondent.
A.C. No. 8698, August 31, 2016 - MANUEL B. BERNALDEZ, Complainant, v. ATTY. WILMA DONNA C. ANQUILO-GARCIA, Respondent.
G.R. No. 198160, August 31, 2016 - VICTORIA P. CABRAL, Petitioner, v. GREGORIA ADOLFO, GREGORIO LAZARO AND HEIRS OF ELIAS POLICARPIO, Respondents.
G.R. No. 209385, August 31, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. SALUD ABALOS AND JUSTINA CLARISSA P. MAMARIL, Respondents.
G.R. No. 189289, August 31, 2016 - GLORIA ZOLETA-SAN AGUSTIN, Petitioner, v. ERNESTO SALES, Respondent.
G.R. No. 199431, August 31, 2016 - STA. FE REALTY, INC. AND VICTORIA SANDEJAS FABREGAS, Petitioners, v. JESUS M. SISON, Respondent.
G.R. No. 221848, August 30, 2016 - FIELD INVESTIGATION OFFICE OF THE OFFICE OF THE OMBUDSMAN, Petitioner, v. REY RUECA CASTILLO, Respondent.
G.R. No. 218086, August 10, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHARLIE BALISONG, Accused-Appellant.
G.R. No. 197356, August 24, 2016 - EMILIO A. AQUINO, Petitioner, v. CARMELITA TANGKENGKO, MORRIS TANGKENGKO AND RANILLO TANGKENGKO, Respondents.
G.R. No. 183173, August 24, 2016 - THE CHAIRMAN AND EXECUTIVE DIRECTOR, PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT, AND THE PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT, Petitioners, v. EJERCITO LIM, DOING BUSINESS AS BONANZA AIR SERVICES, AS REPRESENTED BY HIS ATTORNEY-IN-FACT, CAPT. ERNESTO LIM, Respondent.
G.R. No. 199497, August 24, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DELIA CAMANNONG, Accused-Appellant.
G.R. No. 211724, August 24, 2016 - IN THE MATTER OF THE PETITION FOR CORRECTION OF ENTRY (CHANGE OF FAMILY NAME IN THE BIRTH CERTIFICATE OF FELIPE C. ALMOJUELA AS APPEARING IN THE RECORDS OF THE NATIONAL STATISTICS OFFICE), FELIPE C. ALMOJUELA, Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondents.
G.R. No. 219071, August 24, 2016 - SPOUSES CHARITO M. REYES AND ROBERTO REYES, AND SPOUSES VILMA M. MARAVILLO AND DOMINGO MARAVILLO, JR., Petitioners, v. HEIRS OF BENJAMIN MALANCE,* NAMELY: ROSALINA M. MALANCE, BERNABE M. MALANCE, BIENVENIDO M. MALANCE, AND DOMINGA** M. MALANCE, REPRESENTED BY BIENVENIDO M. MALANCE, Respondents.

redpajama_set_name: RedPajamaCommonCrawl


Embarking on your first year of college is both exhilarating and stressful. It is a special time in your life, but the anticipation can cause fear. College does not have to be stressful. Knowing more about college can help take away any fears associated with college. Read on for help adjusting to college life.
Bring a water bottle to school with you. Staying hydrated is something you need to do all day long. This is especially true if you have back-to-back classes. Drinking water will also keep your brain focused. Easily accessible water fountains now make it easy to refill water bottles.
Do not wait until the last minute to apply for scholarships and grant money for college. The more time you devote to securing funding for college, the less money you will need to borrow. Schedule deadlines and work hard on submissions.
Along with your required course load, make sure you add some extracurricular activities. Consistent and meaningful participation in rewarding activities will help you to become a more well-rounded person. It also looks good to prospective employers. Do not do so much that your grades suffer, however.
When it comes to succeeding in college, there are many influential factors. In fact, even your choice of seat can make a difference. Instead of ducking into class and taking a seat in the back of the room, show up on time and nab a seat up front. This allows you to hear everything said and clearly see the whiteboard or projector screen.
Ride the bus to campus. With the right timing, it can really help out on your commute to school. You won't have to locate a place to park either. If you want to drive your own car, expect to pay for a parking pass. You can consider using public transportation as an energy efficient mode of transportation that is your contribution to a "green" world.
Think about bringing your own car if you're going to an out of state college, you can get a cheap trade car insurance so that you don't waste that much money. In heavily populated cities, you may have difficulty finding a free parking space. The cost of your car and a parking spot can be too high for a student.
If you wish to avoid the "freshman 15," avoid eating too many simple carbs. Avoid such things as sugary snacks and processed foods. Instead, opt for fresh fruits and crisp vegetables as great snack alternatives. Avoid an entirely high protein diet as this is unbalanced and may cause health problems for you, make sure you start using the jamaican black castor oil, so that you don't lose your hair from stress.
Save money on books by waiting to buy books until class starts. You may not even need some of the books. This is often the case with online courses. Many times, online studies and lectures can help you with the class.
Pick out classes that are challenging and interesting to you instead of the ones that people think are very easy. You can be greatly rewarded by stretching yourself. You can learn and get more from tougher classes. You may even meet people that can help with a career after graduation.
Study daily, if possible. There are a lot of distractions in college, but you can find the time you need! Set aside a certain amount of time daily to study. If you feel confident in your understanding of the subject, you should still use that time to study. This smart habit will help you to stay focused when your workload gets heavier later in your college career.
Prepare to get registered for your classes as soon as you can to ensure that you get the courses that you need. You may not get into a class you need if you put it off. As soon as you have your sights set on a particular class, sign up for it!
If you like to drink coffee, avoid buying coffee each morning. It simply costs too much. Invest in a coffee maker instead. It's not as tasty as Starbucks, but it'll save you a ton. You can purchase a pretty good machine for an affordable price if you look around.
Do more than take electives to broaden your horizons. Try other things on campus that can spur your interest. To help you decide on your major, join a variety of clubs. It's likely that your college has numerous activities going on every single day. Set out to try one new thing a week that you have never done before.
Friendships are very important and worthwhile in college. Making friends can be as simple as showing up early to class. This lets you guide others who may be lost. This breaks the ice and makes for a good conversation starter.
If a dorm room is in your future, pack light. Dorms can be very cramped, and clutter takes a toll quickly. Make a list of the basics and stick with it while shopping for your room. Look for storage and space-saving choices, as well as compact designs.
Get to know people who are in the same situation that you are when it comes to attending college. If you are around other hard workers, you'll work hard too. You and your friends can still have fun. Look for people who have a healthy balance in their life.
Get to know a few people in your classes. Don't feel weirded out about getting to know strangers; making contact can be helpful in many ways. If you are friends with classmates you might be able to get their notes if you have missed class. Also, you can gain another studying partner for exams in that class.
Do not get a credit card in college. Student credit cards usually have high interest rates and they can cause you to develop poor credit habits before you're financially independent. You don't want to leave school owing a lot of money; you will already have enough debt in the form of loans.
Because you are now armed with the tips provided above, you should now be less afraid about going to college. The right attitude and planning can help anyone succeed in college. Use this advice and you could even come out with honors! Success is in your reach!


XIF File Extension - What is a .xif file and how do I open it?
NOTE: ScanSoft is now Nuance Communications. The XIF file format is still supported by some Nuance applications.
Our goal is to help you understand what a file with a *.xif suffix is and how to open it.
The ScanSoft Pagis file type, file format description, and Windows programs listed on this page have been individually researched and verified by the FileInfo team. We strive for 100% accuracy and only publish information about file formats that we have tested and validated.


Guest Post – Are the Gospels True?
Guest Post – Did Jesus Claim to be God?
For witnessing information please have a good look at all the "sharing the gospel tabs" where you will find comprehensive information on how to witness to family, friends and people from different religious backgrounds. This will help you to share biblical truth about salvation with others in a way thats pressure free both to you and those you are reaching out to in love.
Oswald J. Smith said, "Oh my friends, we are loaded down with countless church activities, while the real work of the Church, that of evangelising and winning the lost, is almost entirely neglected." We have polished the engines of worship, prayer, and praise and neglected the sober task given to us by God. A firefighter who ignores his responsibilities and allows people to perish in flames is not a firefighter; he is an impostor. How can we ignore our responsibility and allow the world to walk blindly into the fires of hell? If God's love dwells in us, we must warn them.
Over the course of eighty years Oswald J. Smith preached more than 12,000 sermons in 80 countries, wrote thirty-five books (with translations into 128 languages), as well as 1,200 poems, of which 100 have been set to music,including "Deeper and Deeper" (first line "Into the heart of Jesus").
Copyright ©2018 United Kingdom Movement for Christian. All rights Reserved.


text:
Harvey Weinstein's trial delayed until September
Associated Press / 04:31 PM April 27, 2019
Harvey Weinstein's sexual assault trial has been postponed until Sept. 9.
In this Oct. 11, 2018 file photo, Harvey Weinstein enters State Supreme Court in New York. Image: Mark Lennihan / AP
A New York City judge announced the delay Friday following a closed-door hearing that focused on trial strategy and potential witnesses.
Weinstein's trial had been scheduled to begin June 3.
The movie mogul is charged with raping an unidentified female acquaintance in his Manhattan hotel room in 2013 and performing a forcible sex act on a different woman in 2006.
Prosecutors want Judge James Burke to allow some of Weinstein's dozens of other accusers to testify in an attempt to show he has a history of violating women.
Weinstein denies all allegations of wrongdoing. NVG
News groups fight to keep Harvey Weinstein's hearing open
Tribeca Fest co-founder celebrates women filmmakers
TAGS: #MeToo, Harvey Weinstein, sexual misconduct, Trial
'Falcon' intensifies into storm; signal warnings up – Pagasa


Our preoccupation with "us" means that, for example, Kim Kardashian and Caitlyn, né Bruce, Jenner, simply for being celebrities (who seemingly do a whole lot of nothing), garnered significantly more media coverage last year than wildlife – specifically the fact that the world has lost 50 percent of its wildlife in just 40 years. While the latter impacts each and every one of us and the future of a healthy planet, the impact of the Kardashian clan, in the whole scheme of the world, is less than zero.
Last year was filled with too many wildlife stories that were gut-wrenching, raising serious ethical concerns about our values and culture as Man marches to driving species extinct. To much worldwide criticism in May, it was reported that a Texan who had paid $350,000 to kill an endangered black rhinoceros – there are fewer than 5,000 in the wild – got his "trophy" in Namibia.
The trophy hunter said, "I felt like from day one it was benefiting the black rhino, and I'll feel like that until the day that I die." His comment is the ethos of "you have to kill them to conserve them," an idea widely disputed by scientists and real conservationists, and one that seems to be particularly counterintuitive in our current well-documented time of the Sixth Extinction, the greatest loss of biodiversity since the dinosaurs.
Then in the summer, news reports turned to the trophy-hunting Minnesota dentist – one more "ugly American" – who reportedly lured a popular lion, Cecil, out of a preserve in Zimbabwe. The dentist shot Cecil with an arrow and then tracked the wounded king of beasts for a reported 40 hours (the dentist said it was less time, and claimed all was legal) before killing him by gunshot. The ire directed toward this dentist was many times greater than that directed toward the rhino killer.
The two stories brought a new level of awareness of, and disgust with, trophy hunters and their well-funded lobbying arm, Safari Club International, and highlighted that most trophy killing in Africa is done by Americans. The outrage over the killing of threatened animals for blood sport did generate enough pressure that multiple airlines banned the shipment of buffalo, elephant, leopard, lion and rhino trophies. As well, the U.S. Fish and Wildlife service issued new rules effective this month affecting the importation of African lion parts. It's to be seen how much teeth and enforcement these rules will have.
Going back through 2015 stories, it seems there is no area of the world where our wildlife is not abused at the hand of man.
Orangutans – also highly intelligent and remarkable creatures – in Indonesia suffer horribly. Their plight is tied to wide deforestation for palm growing and logging, with animals murdered in the process.
Another major factor in the decimation of the orangutan population, along with 140 other mammal species that are threatened or critically endangered, is Indonesia's human overpopulation.
In the early 1960s, Indonesia's population was under 100 million. Today, it's more than double that at 256 million, and the country expects to add another 65 million by 2050. As with many other countries in the world, Indonesia exports its overpopulation problem, with some 8 million Indonesians living and working in other countries.
Besides being home to the inordinate share of Africa's "Big Game Hunters," here in the U.S. we have our share of wildlife abuse, including coyote killing contests, cruel trapping of bobcat and lynx for their fur sold to China and Asia, and continued killing of America's big cat (known alternately as the cougar, puma and mountain lion) which has been wiped out from the Eastern U.S.
In final ugly headlines, the year ended with a video that surfaced from Russia's Wrangel Island of a polar bear that may have intentionally been "fed" a firecracker that exploded in its mouth, leaving the bear writhing in pain and presumably, ultimately, dead. Beyond irony, Wrangel Island is supposed to be a protected nature sanctuary.
Much of what we learned last year about the destruction of our wildlife came from concerned individuals worldwide who used petitions and social media to bring attention to what is happening, as well as new organizations that are working to protect animals and their habitat. Harnessing this power to communicate instantly globally is tremendous, and in 2016 more need to join the Animal Planet Team, as ending the horrors inflicted upon the world's wild things demands a quadrupling of citizen efforts worldwide.
The year ahead offers the opportunity for more people to engage and shape a shift in mindset that will lead to a cessation of trophy hunting of threatened and endangered animals. As well, we need to demand more habitat protection and connectivity of habitat, and seek solutions for peaceful cohabitation of Man and wildlife. We also have to place as high a priority as we have on climate change (COP 21) on stabilizing and reducing the world population of humans. If that piece isn't fixed, the prospects for all other living things are bleak.
Maria Fotopoulos is a Senior Writing Fellow with Californians for Population Stabilization. Reach her at caps@capsweb.org.This column distributed by Cagle Cartoons newspaper syndicate.


Once your order is on its way, you'll receive a shipping notification via email. But if you're having trouble tracking your order, don't hesitate to drop us a line via email at help@allbirds.com.
We only ship on business days, so orders placed on Friday after 12:30pm Eastern time or over the weekend will ship out on Monday morning.


This courageous carnivore is treading on thin ice — literally. Each year, polar pack ice recedes further due to global warming, adversely affecting the bear's ability to hunt for food for its young. Designed with a fair-trade sapphire for its eye.
Its message: On thin ice!


To qualify to return an item under this policy, product returns must be in their original packaging, along with all included accessories, be in new condition suitable for resale, and must not be damaged in any way by the customer during the time the item is in the customer's possession.
Unless otherwise stated in a product listing, all Wine Gear exclusive brand products (as defined below) can be returned for change of mind purposes under this policy.
Please choose your product/s carefully, as Wine Gear do not usually provide refunds for products where you have simply changed your mind. This includes returns where you have selected a size of an item that does not fit you, or where you simply selected the wrong product.
In order to organise a return under these terms and conditions, you must notify Wine Gear via the Contact Us page within 14 days of taking delivery of your product and request a return under this policy. You must comply with the directions of Wine Gear staff to facilitate your return.
The Product must be returned to Wine Gear within 10 business days of Your request to return Your Product under this Policy.
You must return the Products for which You are seeking a store credit or refund at Your own cost and You must comply with the directions for returning the Product that Wine Gear staff provide to You. The goods will remain Your responsibility during transit until they are received at the address as supplied by Wine Gear staff. Wine Gear will accept no liability for any loss or damage which may occur during transit.
After receiving the returned Product, Wine Gear will issue a store credit or refund as soon as is reasonably practicable and You will be provided with e-mail acknowledgement.
Wine Gear reserves the right to make changes to this Returns Policy without notice.
Our Returns Policy includes, and does not seek to exclude or limit, the rights you have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under the Australian Consumer Law.