People v. Campos, G.R. No. 252212, [July 14, 2021]

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People v. Campos

 G.R. No. 252212, [July 14, 2021]

SECOND, LOPEZ, M.V 

Robbery with homicide; Totality of Circumstance 

In evaluating out-of-court identifications, the court must consider the totality of the circumstances, including factors such as the witness's opportunity to view the criminal, the degree of attention, accuracy of prior descriptions, time lapse between the crime and identification, level of certainty demonstrated, and the suggestiveness of the identification procedure. The case establishes that a positive identification, supported by these factors, can be deemed admissible and reliable. The positive identification of the accused by credible witnesses, if not tainted by suggestiveness or procedural flaws, prevails over defenses such as alibi and denial.

 

On April 20, 2003, around 8:00 p.m., Emeliza P. Empon (Emeliza), her boyfriend Eric Sagun (Eric), and neighbor Marilou Zafranco-Rea (Marilou) were in Emeliza's house. While having dinner, an armed man entered, took Emeliza's cellphone, and shot her in the chest, causing her death. Eric and Marilou reported the incident to the police, describing the suspect as "[m]edyo malaki katawan." Acting on information, the police found a man matching the description, arrested him, and recovered a .38 caliber firearm. The arrested man was identified as Roberto G. Campos (Roberto). Roberto pleaded not guilty, claiming he was at a friend's house during the incident. In his defense, Roberto's claims of police misconduct, lack of paraffin test results, and inconsistencies in eyewitness accounts. The RTC convicted Roberto of robbery with homicide based on Eric and Marilou's positive identification. The validity of the out-of-court identification made during a police lineup is the core issue in this appeal. 

 

Whether or not the out-of-court positive identification of Roberto as the perpetrator by Eric and Marilou is admissible and reliable. 

YES. The Court evaluates the out-of-court identification by considering various factors, including the witnesses' opportunity to view the criminal, their degree of attention, the accuracy of prior descriptions, the time lapse between the crime and identification, the level of certainty demonstrated, and the suggestiveness of the identification procedure. In this case, Eric and Marilou's identification satisfied these criteria. They had a good view of the assailant, demonstrated a high degree of attention, and immediately provided a description. The time lapse between the crime and identification was reasonable, and the witnesses were certain in their identification without evidence of suggestiveness.

Roberto's claims of police misconduct, failure to present paraffin test results, and inconsistencies in eyewitness accounts were dismissed. The Court emphasized that the positive identification of Roberto by the witnesses, along with their credibility, prevails over Roberto's alibi and denial. This case reaffirms the principle that the positive identification of the accused by credible witnesses, if not tainted by suggestiveness or procedural flaws, prevails over defenses such as alibi and denial. Eric's reaction during the incident, inconsistent with his military background, is considered a natural human response.

The Court affirmed the conviction for the special complex crime of robbery with homicide, stating that the killing was incidental to the robbery, and the intent to commit robbery is the primary objective. The penalty of reclusion perpetua was deemed appropriate, with adjustments made to the damages awarded in line with prevailing jurisprudence. Roberto is also directed to return the stolen item or pay its value.

 

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People v. Juada y Navarro, G.R. No. 252276, [November 11, 2021]

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People v. Juada y Navarro

 G.R. No. 252276, [November 11, 2021]

FIRST, LOPEZ, M.V

 

Aggravating Circumstance of Treachery; Robbery with homicide 

In robbery with homicide, the presence of treachery in killing the victim is considered as a generic aggravating circumstance in fixing the proper penalty and civil liability of the accused.

 

Jerrico Juada y Navarro (Jerrico) was charged with robbery with homicide before the Regional Trial Court (RTC) under Criminal Case No. 3948-M-2011. The information alleged that on December 18, 2011, in Bocaue, Bulacan, Jerrico, with intent to gain, by means of violence and intimidation, took cash and a firearm from Florante Garcia, resulting in Florante's death. Jerrico pleaded not guilty, and during the trial, the prosecution presented witnesses who testified about the incident and identified Jerrico as the perpetrator. The defense, on the other hand, presented alibi and denial as Jerrico's defenses. Jerrico was found guilty f or the crime of robbery with homicide by the RTC, relying on circumstantial evidence that formed an unbroken chain pointing to his guilt. The Court of Appeals (CA) affirmed the RTC's decision. 

 

Whether or not the circumstantial evidence presented by the prosecution establishes Jerrico's culpability beyond reasonable doubt. 

YES. The SC noted that while none of the witnesses saw Jerrico directly commit the crime, the cumulative effect of their testimonies formed a convincing and unbroken chain of events leading to Jerrico's guilt. The circumstantial evidence included eyewitness accounts of a man in specific clothing shooting Florante and fleeing on a motorcycle, later identified as Jerrico through a booking sheet. The police recovered Florante's belongings and the motorcycle allegedly used in the crime, linked to Jerrico through the motorcycle owner's testimony. Jerrico's apology to the motorcycle owner and inquiry about Florante's case also raised suspicions about his involvement.

The SC rejected Jerrico's defenses of denial and alibi, emphasizing the positive identification by credible witnesses and the lack of clear and convincing proof for the defenses. Robbery with homicide is a special complex crime, and the word “homicide” is used in its generic term, which may include murder or parricide as long as there is incidental killing on the commission of robbery. Furthermore, the SC clarified that the presence of treachery is only appreciated as generic aggravating circumstances, as there was no special complex crime of robbery with murder in the RPC. Robbery with homicide is punishable by death. However, due to RA No. 9346, the law that suspends the death penalty, the imposable penalty was reduced to reclusion perpetua without eligibility for parole. The SC affirmed the CA and RTC decisions on the penalty and civil liability, with the addition of temperate damages.

 

 

 

 

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Cacdac v. Mercado, G.R. No. 242731, [June 14, 2021]

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Cacdac v. Mercado

 G.R. No. 242731, [June 14, 2021]

SECOND, LOPEZ, M.V

 

Civil Liability despite Acquittal; Demurrer to Evidence without Leave of Court; Estafa 

When a demurrer to evidence is filed without leave of court and is granted, the accused is deemed to have waived the right to present evidence on both the criminal and civil aspects. In such cases, the trial court is called upon to decide the entire case based on the evidence presented by the prosecution. The required quantum of proof, preponderance of evidence, to establish civil liability, even when the criminal action is dismissed. 

On December 8, 2004, Roberto Mercado, a gasoline station owner, delivered 10,000 liters of diesel fuel worth P235,000.00 to Byron Express Bus Company through its clerk, Jaivi Mar Juson. Juson executed a trust receipt, committing to remit the proceeds on December 15, 2004. However, Juson failed to fulfill this obligation, prompting Mercado to file an estafa complaint against Juson and Byron Cacdac, the alleged owner of Byron Express. Mercado claimed that Cacdac ordered the fuel, while Juson received the delivery. The Regional Trial Court (RTC) instituted criminal charges against Cacdac and Juson under Article 315 paragraph 1(b) of the Revised Penal Code. At the trial, Mercado testified that Cacdac owned Byron Express but did not present supporting evidence. Cacdac, through a demurrer to evidence, argued that he was not criminally and civilly liable. The RTC dismissed the criminal case against Cacdac but held him civilly liable for P235,000.00. Dissatisfied, Cacdac moved for reconsideration, and the RTC clarified that his civil liability was only civil in nature. The Court of Appeals (CA) affirmed the RTC's findings with a modification in the interest computation.

 

Whether or not Byron Cacdac's civil liability was validly adjudged despite his demurrer to evidence and acquittal in the criminal aspect. 

NO. The Supreme Court granted the petition, reversing the CA's decision. It ruled that Cacdac's civil liability was not validly adjudged. The Court held that the trial court properly decided the civil aspect of the case as Cacdac filed a demurrer without leave of court. However, the evidence did not preponderantly establish Cacdac's civil liability. There was no conclusive proof that Cacdac ordered the diesel fuel or that Juson acted as his agent. The trust receipt agreement and demand letter implicated only Juson and Byron Express. The burden of proof rested on Mercado, and without adequate evidence, Cacdac could not be held liable for corporate obligations. The Court emphasized the need for preponderant evidence to establish civil liability, and since it was lacking, Cacdac's civil liability was deleted.

 

 

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Reyes, Jr. y De Los Reyes v. People, G.R. No. 244545 (Resolution), [February 10, 2021]

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Reyes, Jr. y De Los Reyes v. People

 G.R. No. 244545 (Resolution), [February 10, 2021]

SECOND, LOPEZ, M.V

 

Drug cases; Chain of Custody Rule; Required Witness during inventory and markings 

The constitutional right of the accused to be presumed innocent until proven guilty beyond reasonable doubt cannot be overridden by the presumption of regularity in the performance of duties by law enforcement. 

The Laoag City Police Station conducted a buy-bust operation targeting Franklin Reyes (Reyes), based on information from a police asset. During the operation, PO1 Irving Lorenzo acted as the poseur-buyer, and PO1 Jay Joemar Corpuz and other officers provided backup. Reyes was accused of selling and possessing methamphetamine hydrochloride (shabu). The police asset arranged a drug transaction, and when Reyes handed over the drugs to PO1 Lorenzo, a pre-arranged signal was given, leading to Reyes' arrest. During the inventory and photographing of seized items, there was a notable absence of an insulating witness from the National Prosecution Service or the media. The police conducted an inventory of the seized items in the presence of Barangay Kagawad Helen Bulaun only. Reyes denied the accusations, claiming he was alone in his apartment, and alleged that the police arrested him, beat him, and planted the drugs.

 

Whether or not the prosecution established the guilt of Reyes beyond reasonable doubt for the illegal sale and possession of dangerous drugs. 

NO. The Supreme Court reversed the Court of Appeals' decision, acquitting Reyes of the charges. The Court found a broken chain of custody, emphasizing the absence of an insulating witness during the inventory and photographing of the seized items. The chain of custody must be established to ensure the integrity and admissibility of seized drugs as evidence. It involves marking, turnover, and documentation at each stage, with the presence of insulating witnesses. The Court stressed that the presence of insulating witnesses is crucial to ensuring the integrity of the seized drugs. The absence of a representative of the National Prosecution Service or the media as an insulating witness to the inventory and photograph of the seized item puts serious doubt as to the integrity of the first link. Since the prosecution failed to provide a justifiable reason for the absence of the required witnesses and did not show earnest efforts to secure their attendance, the chain of custody was compromised. Law enforcers must strictly comply with prescribed procedures in drug-related operations, and any deviation may compromise the admissibility of seized items.

Also, the Court also highlighted the presumption of innocence, which cannot be overridden by the presumption of regularity in the performance of duties by law enforcers. Due to the lapses in handling the evidence, Reyes was acquitted, and the decision ordered his immediate release from detention.

 

 

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People v. Diega y Zapico, G.R. No. 255389 (Resolution), [September 14, 2021]

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People v. Diega y Zapico

 G.R. No. 255389 (Resolution), [September 14, 2021]

FIRST, LOPEZ, M.V

 

Rape; Conspiracy to Commit rape; Liability of Co-conspirator 

An accused is responsible not only for the Rape he personally committed but also for the other counts of Rape that his co-conspirators perpetrated although they were unidentified or are at large. Consistent with the rule that where there is a conspiracy, the act of one conspirator is the act of all.

 

Carlo Diega y Zapico, along with three unidentified individuals, was charged with the crime of rape under Article 266-A, Paragraph 1(a) of the Revised Penal Code. The charges stemmed from an incident on April 14, 2013, where the accused, allegedly conspiring together, forcibly had carnal knowledge with AAA, a 12-year-old minor, by means of intoxication. The prosecution presented evidence showing that AAA was invited for a drinking session, forcibly taken to a riverbank and a vacant lot, and raped successively by Carlo and his companions. Medical findings supported AAA's account. 

Carlo pleaded not guilty, denying the accusations and presenting an alibi defense. He claimed he went home early during the drinking spree and later returned to inform AAA that someone was looking for her. Carlo was found guilty by the Regional Trial Court (RTC), which imposed the penalty of reclusion perpetua and ordered him to pay damages to AAA. 

 

Whether Carlo's conviction for rape is valid considering his denial and alibi defenses, and the alleged inconsistencies in AAA's testimony. 

YES. The Court affirmed Carlo's conviction for rape. It emphasized that the assessment of AAA's credibility was best left to the trial court, which had the opportunity to observe her demeanor. The Court found no substantial inconsistencies in AAA's testimony regarding the identity of her rapists. It held that Carlo's denial and alibi were uncorroborated and insufficient to overcome AAA's positive identification. An uncorroborated denial and alibi defenses are self-serving and undeserving of weight in law unless supported by clear and convincing proof. The accused's failure to provide evidence that it was physically impossible for him to be present at the crime scene weakens these defenses.

Likewise, the Court properly appreciated the existence of the conspiracy. Jurisprudence consistently teaches us that conspiracy may be deduced from the mode and manner in which the offense was perpetrated, showing that at the time of the commission of the offense, all the perpetrators have the same purpose and were united in its execution. The records show that Carlo and his three (3) companions successively raped AAA and that while one of them had carnal knowledge of the victim, the others held her arms and kept her from struggling. Viewed in its totality, the individual participation of each perpetrator pointed to a joint purpose and criminal design. Carlo and his three companions, are thus responsible for all four counts of rape. The penalty of reclusion perpetua for each count and the award of damages were affirmed, with Carlo held solidarily liable for each count.

 

 

 

 

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Kucskar v. Sekito, Jr., G.R. No. 237449, [December 2, 2020]

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Kucskar v. Sekito, Jr.

 G.R. No. 237449, [December 2, 2020]

THIRD, LOPEZ, M.

 

Succession; Wills; Probate of Foreigner's Will; Doctrine of Processual Presumption 

A foreign will to be considered for probate in the Philippines, it must comply with the formalities prescribed by the law of the place where it was executed or with Philippine laws. the doctrine of "processual presumption," stating that the party invoking a foreign law has the burden of proving it, and the foreign law must be properly pleaded and proved. In the absence of proof of the foreign law's content, the presumption is that the foreign law is the same as Philippine law.

 

Aida A. Bambao, a naturalized American citizen, executed a Last Will and Testament (will) in California on October 28, 1999. In the will, she nominated her cousin, Cosme B. Sekito, Jr., as a special independent executor over her assets located in the Philippines. Aida passed away on February 5, 2000, in Long Beach, California. Cosme filed a Petition for the Allowance of Will before the Regional Trial Court (RTC) of Pasig City. Linda A. Kucskar, Aida's sister and one of the heirs, opposed the petition, claiming expenses for Aida's adopted minor child, Elsa Bambao.

 

Whether or not Aida's will, executed in California, meets the formalities required for its probate in the Philippines. 

NO. The Court, in remanding the case, held that Aida's will failed to comply with the legal formalities required for its probate in the Philippines. Philippine laws do not prohibit the probate of wills executed by foreigners abroad, but such wills must conform to the formalities prescribed by the law of the place of execution or Philippine laws. Aida's will, executed in California, should have been examined based on California law. However, the petitioner failed to present a copy of the pertinent California law as required by the rules. 

The Court emphasized that the doctrine of "processual presumption" applies, and foreign laws must be pleaded and proven in accordance with the Rules of Court. The will did not meet the requirements for acknowledgment and attestation under Philippine law. Even if the substantial compliance rule was applied to the attestation clause, it could not remedy the lack of acknowledgment. The living trust presented by the proponent did not fill the void, and Linda's failure to object during the probate proceedings did not relieve the proponent from establishing compliance with legal formalities. The case was remanded to the RTC for compliance with the rules on proving foreign laws.

 

 

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Chingkoe v. Chingkoe, G.R. No. 244076, [March 16, 2022]

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Chingkoe v. Chingkoe

 G.R. No. 244076, [March 16, 2022]

THIRD, LOPEZ, M.

 

Land Titles and Deeds; Presumption of Regularity of Notarized Deed of Sale; Clear and Convincing Evidence to prove contrary

 

Notarized documents enjoy a presumption of regularity, authenticity, and due execution, which can only be overturned by clear and convincing evidence. In the absence of such evidence, the court should uphold the presumption and consider the document valid. 

Faustino Chingkoe (Faustino) and his wife, Gloria Chingkoe (Gloria), owned a parcel of land in Quezon City. In 1990, Faustino allowed his brother, Felix Chingkoe (Felix), to occupy the property. At the request of their mother, Tan Po Chu, Faustino signed an undated Deed of Sale conveying the property to Felix, who claimed to have been in possession since 1989. In 1994, a notarized Deed of Sale was executed, but Faustino refused to surrender the Owner's Duplicate of the Transfer Certificate of Title (TCT), hindering its transfer to Felix. Felix filed a complaint for specific performance, leading to an RTC decision in his favor, upheld on appeal, ordering Faustino to surrender the TCT. The CA later reversed the decision, finding the contract void for lack of consideration.

 

Whether or not the CA erred in reversing the RTC's decision and declaring the Deed of Sale void for lack of consideration. 

YES. The Supreme Court granted the petition, reinstating the RTC's decision, which affirmed Felix's entitlement to the property based on the validly executed Deed of Sale. The notarized Deed of Sale carried a presumption of regularity, which could only be overturned by clear and convincing evidence. The CA relied on Tan Po Chu's testimony, but it was insufficient to contest the regularity of the document. Tan Po Chu admitted her incompetence to attest to the sale's validity. The trial court correctly found her testimony insufficient. The court emphasized the trial court's unique position to evaluate witness credibility. The CA erred in declaring the contract void due to Felix's failure to prove payment, as actual payment is not an essential requisite of a valid contract. The Deed of Sale's terms attested to full payment. Faustino's claims were considered flimsy, and Felix's unrealized profits claim lacked evidentiary support. The court upheld the RTC's decision, emphasizing the principle of not relieving parties from voluntarily assumed obligations despite unfavorable contracts. The claim for actual damages was denied due to lack of competent proof. The CA decision was reversed, and the RTC decision was reinstated.

 

 

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