Skanfil Maritime Services, Inc. v. Centeno, G.R. No. 227655, [April 27, 2022]

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SSkanfil Maritime Services, Inc. v. Centeno

 G.R. No. 227655, [April 27, 2022]

THIRD, LOPEZ, M.

 

Collective Bargaining Agreement; Permanent Total Disability Benefits; Damages 

A seafarer who suffered permanent total disability due to a work-related accident is granted disability benefits and attorney's fees after the company-designated physicians failed to issue a valid medical assessment within the prescribed period, while the awards for moral and exemplary damages were deleted due to insufficient evidence of bad faith or fraud.

 

Almario was hired by Skanfil as a mess person on board M/V "DIMI" POS TOPAS in March 2013. On September 26, 2013, Almario fell from a ladder while working and suffered injuries. Almario was brought to a hospital in Japan and was diagnosed with a blunt head injury, blunt back injury, lacerated scalp wound, and brain concussion. Almario was repatriated to the Philippines on October 2, 2013, and was referred to the company-designated physicians for medical assessment and treatment. The physicians assessed Almario's injury as "S/P Suturing of Lacerated Wound on the Scalp, Fracture S3; Mild L3-L4 Disc Bulge." Almario was also treated by other specialists. After weeks of treatment and rehabilitation, Almario was cleared by the company-designated physicians and signed a 10th and Final Report and Certificate of Fitness for Work stating that he was "fit for duty” issued on February 7, 2014, or eight days beyond the prescribed period. However, Almario consulted another physician who declared him permanently unfit to resume sea duties. Almario filed a complaint for permanent disability benefits against Skanfil. 

 

Whether Almario is entitled to permanent total disability benefits, moral and exemplary damages, and attorney's fees. 

YES. The court ruled in favor of Almario, granting him permanent total disability benefits and attorney's fees. The seafarer's entitlement to disability benefits is governed by the law, the parties' contracts, and the medical findings. The company-designated physician must issue a final medical assessment on the seafarer's disability grading within a period of 120 days from the time the seafarer reported to him. If the company-designated physician fails to give his assessment within the period of 120 days, without any justifiable reason, then the seafarer's disability becomes permanent and total.

 

 

Here, the company-designated physicians failed to issue a valid medical assessment within the prescribed period of 120 days from Almario's repatriation. In this case, the 10th and Final Report and the Certificate of Fitness for Work are not final and valid assessments. They are incomplete and not definitive of Almario's state of health and capacity to resume work. Most importantly, they were issued beyond the prescribed period. Therefore, it was not a valid assessment. Consequently, Almario's disability is considered permanent and total. 

Skanfil was adjudged solidarily liable to pay Almario Centeno his total disability benefits under the CBA. The court deleted the awards for moral and exemplary damages, as there was insufficient evidence to show bad faith or fraud on the part of Skanfil. However, the award of attorney's fees was retained. The court also imposed a legal interest of 6% per annum on the total monetary awards until complete payment.

 

 

 

 

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Knutson v. Sarmiento-Flores, G.R. No. 239215, [July 12, 2022]

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Knutson v. Sarmiento-Flores

 G.R. No. 239215, [July 12, 2022]

EN BANC, LOPEZ, M.V

 

VAWC Law; Father can apply for protection orders; Mothers can be offenders under RA 9262 

It is the legislative intent of RA 9262 to protect both women and children from violence, and the use of the gender-neutral term "person" in the law includes offenders of either sex. RA No. 9262 covers a situation where the mother committed violent and abusive acts against her own child.

 

In 2005, Randy Michael Knutson (Randy), an American citizen, married Rosalina Sibal Knutson (Rosalina) in Singapore, and they had a daughter named Rhuby Sibal Knutson (Rhuby). Randy and Rosalina became estranged after he discovered her extra-marital affairs, but Randy supported Rosalina and Rhuby. 

Rosalina got hooked in casinos and incurred large debts from casino financiers prompting her to sell the house and lot, condominium unit, and vehicles that Randy provided for the family. Rosalina rented an apartment and got herself a boyfriend. Randy advised Rosalina to be discreet in her illicit affairs because it is not good for Rhuby to see her mother with another man. Randy discovered later that Rosalina hurt Rhuby by pulling her hair, slapping her face and knocking her head. One time, Rosalina pointed a knife at Rhuby and threatened to kill her. Rosalina even texted Randy about her plan to kill their daughter and commit suicide. The neighbors of Rosalina complained about noisy parties and pot sessions in her apartment. The lessor even terminated the lease after marijuana plants were confiscated in the premise. Randy reported these incidents to the police, but no assistance was provided for domestic issues. 

On December 7, 2017, Randy, on behalf of minor Rhuby, filed against Rosalina a petition under RA No. 9262 for the issuance of Temporary and Permanent Protection Orders before the RTC. Randy averred that Rosalina placed Rhuby in a harmful environment deleterious to her physical, emotional, moral, and psychological development. The Regional Trial Court (RTC) dismissed Randy's petition for protection and custody orders under RA No. 9262, reasoning that the law did not cover a situation where a mother committed violence against her child. 

 

Whether the father can avail remedies under RA No. 9262, on behalf of his minor child, against the mother's violent and abusive acts.

YES. The law criminalizes acts of violence against women and their children perpetrated by women’s intimate partners, i.e., husband; former husband; or any person who has or had sexual or dating relationship with the woman, or with whom the woman has a common child. However, the Court in Garcia emphasized that the law does not single out the husband or father as the culprit. The statute used the gender-neutral word “person” as the offender which embraces any person of either sex. Logically, a mother who maltreated her child resulting in physical, sexual, or psychological violence defined and penalized under RA No. 9262 is not absolved from criminal liability notwithstanding that the measure is intended to protect both women and their children.

RA No. 9262 allows the father of the offended party to apply for protection and custody orders. In Garcia vs. Drilon, Section 9(b) of RA No. 9262 explicitly allows “parents or guardians of the offended party” to file a petition for protection orders. The statute categorically used the word “parents” which pertains to the father and the mother of the woman or child victim. There is no question that the offended party is Rhuby, a minor child, who allegedly experienced violence and abuse. Thus, Randy may assist Rhuby in filing the petition as the parent of the offended party.

 

 

 

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Turalba y Villegas v. People, G.R. No. 216453, [March 16, 2022]

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Turalba y Villegas v. People

 G.R. No. 216453, [March 16, 2022]

THIRD, LOPEZ, M.V

 

Carnapping; Psychosis as Mitigating Circumstance; Insanity Defense 

Anyone who pleads insanity bears the burden to prove it with clear and convincing evidence since the accused invoking the affirmative defense admits to have committed the crime, but claims that he or she is not guilty because of insanity. The burden of proof on the issue of insanity rests on the accused, and mere abnormality of mental faculties is insufficient to exclude imputability. With respect to mitigating circumstance, insanity was recognized only when there was a showing of some impairment of mental faculties but not a complete loss of intelligence or consciousness.

 

Oligario was charged with carnaping for stealing a 1996 model CRV Honda Wagon belonging to Gregorio Calimag. The incident occurred on November 20, 2007, in Olongapo City. Oligario pleaded not guilty, and during the trial, the prosecution presented evidence, including testimonies establishing the elements of the crime. Oligario raised the defense of insanity, supported by the testimony of Dr. Ma. Lourdes Labarcon Evangelista, who assessed him with psychosis due to alcohol and methamphetamine use. In defense, Dr. Evangelista testified and narrated that she first met Oligario on October 24, 2007 at the Mariveles Mental Hospital for evaluation and management of his mental condition. After tests, Dr. Evangelista assessed Oligario with psychosis ("nawawala sa sarili") due to use of alcohol and methamphetamine. She prescribed medication and scheduled a follow-up checkup, but Oligario was not able to come back as he was already detained for the carnapping incident. Oligario contends that his mental condition should either completely absolve him of criminal liability or, at the very least, be considered as a mitigating circumstance. The Regional Trial Court (RTC) convicted Oligario, finding all elements of carnaping present, while the CA affirmed the conviction, rejecting the insanity defense. The case involves the petition for review on certiorari challenging the decision in convicting Oligario for Carnapping. 

 

Whether or not Oligario's alleged insanity is a valid defense for Carnapping in this case. 

NO. The Supreme Court denied Oligario's petition for lack of merit. The Court held that Oligario failed to establish his mental state, particularly his insanity, with clear and convincing evidence. The burden of proof on the issue of insanity rests on the accused, and mere abnormality of mental faculties is insufficient to exclude imputability. Thus, the accused must prove the following: first, that the insanity constitutes a complete deprivation of intelligence, reason, or discernment; and second, the insanity existed at the time of, or immediately preceding, the commission of the crime.

The Court stressed that Oligario did not present witnesses or evidence to demonstrate his abnormal or bizarre behavior immediately before or simultaneous with the commission of the crime. The Court rejected Oligario's insanity defense considering that the manner by which he perpetrated the offense suggests full consciousness of his criminal act. Dr. Evangelista's medical assessment was rendered inconclusive and insufficient proof of the mental condition of Oligario. While Oligario asserted insanity, the Court found it insufficient to warrant exemption from criminal liability.

Regarding the argument for considering insanity as a mitigating circumstance, Oligario failed to establish his mental state, much less his insanity. As held in jurisprudence, insanity was recognized as a mitigating circumstance only when there was a showing of some impairment of mental faculties but not a complete loss of intelligence or consciousness. While it can be true that there was some impairment of Oligario's mental faculties, due to psychosis, the Court held that such impairment was not so complete as to deprive him of his intelligence or the consciousness of his acts.

Moreover, Oligario was charged with violation of RA No. 6539, a special law, which is not governed by the rules of penalties under the RPC. The penalty imposed by the RTC and affirmed by the CA, based on the Indeterminate Sentence Law, was deemed correct. Consequently, Oligario was found guilty of Carnapping and sentenced to an indeterminate penalty of fourteen (14) years and eight (8) months, as minimum, to seventeen (17) years and four (4) months, as maximum. 

 

 

 

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People v. Begino y Rogero, G.R. No. 251150, [March 16, 2022]

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People v. Begino y Rogero

 G.R. No. 251150, [March 16, 2022]

THIRD, LOPEZ, M.V 

large-scale Illegal recruitment; Estafa 

For an offense to be considered large scale illegal recruitment, the prosecution must establish that: (1) The offender has no valid license or authority required by law to lawfully engage in recruitment and placement of workers; (2)The offender undertakes recruitment activities or practices prohibited by law; (3) The offender commits acts of recruitment and placement against three or more persons, individually or as a group.

 

In September 2011, Milagros Osila received a phone call about job opportunities in Canada from Regina Begino and Darwin Arevalo. Milagros traveled to Tabaco City, where she met Regina and Darwin, who were allegedly conducting interviews for jobs abroad. Regina and Darwin claimed to be looking for apple-pickers to be deployed in Canada. Milagros, along with her nieces Maelene Canaveral and Geraldine Ojano, and her friend Gloria Mape, attended interviews and paid various fees for the supposed job placements. Regina received payments for processing fees, terminal fee, additional processing fee, and surety bond, all recorded on index cards. However, none of them were able to leave for Canada, and they did not get their money back. 

The Regional Trial Court (RTC) convicted Regina Begino of large scale illegal recruitment and three counts of estafa. The court found that Regina represented having the authority to send the complainants abroad, and her promises never materialized. The recovered index cards with payment notes established that Regina received various fees from the complainants, causing them damage. Regina's assurances induced the victims to part with their money. The Court of Appeals (CA) affirmed Regina's guilt for large scale illegal recruitment.

 

Whether or not Regina Begino is guilty of large scale illegal recruitment and Estafa. 

YES. The Supreme Court upheld the conviction, emphasizing that all elements of large scale illegal recruitment were present, as Regina engaged in recruitment activities without the required license or authority. Regina's active role in the recruitment process, her receipt of payments, and her lack of authority all contributed to her liability. The prosecution established that Regina engaged in recruitment activities and gave complainants the distinct impression that she had the power or ability to send them abroad for work. Regina directly transacted with the complainants regarding the job prospect in Canada and personally assisted them in completing the requirements for deployment. Regina received money from the complainants as placement fees and gave assurances that they will earn high compensation for their purported jobs abroad. Furthermore, Regina had no authority to engage in recruitment activities. Finally, there are four (4) complainants who testified against Regina which qualified the offense to economic sabotage. Thus, Regina was properly sentenced to life imprisonment and a fine of P5,000,000.00 for large scale illegal recruitment.

However, the Court cited errors in the computation of penalties. Nonetheless, the penalties in the three (3) counts of estafa can no longer be corrected, even if erroneous, because the judgment of conviction has become final and executory after Regina chose not to appeal these cases. An erroneous judgment, as thus understood, is a valid judgment. Whatever mistake the trial court committed in the computation of penalties was merely an error of judgment and not of jurisdiction. The mistake did not affect the intrinsic validity of the decision and can no longer be rectified on appeal no matter how obvious the error may be.

 

 

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Abuyo y Sagrit v. People, G.R. No. 250495, [July 6, 2022]

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Abuyo y Sagrit v. People

 G.R. No. 250495, [July 6, 2022]

SECOND, LOPEZ, M.V

 

Self-defense of a Relative; State of Necessity; 

In self-defense, the elements of unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation must concur. the law does not does not require the accused to use unerring judgment when they had the reasonable grounds to believe that they were in apparent danger of losing their lives or suffering great bodily injury; recognizing the instinct for self-preservation prevailing over rational thinking in such situations.

 

On August 16, 2011, at around 7:30 p.m., petitioner Leo Abuyo and his wife were on their motorcycle heading home when they encountered Cesar Tapel and his son, Charles Tapel, armed with a fan knife and a gun, respectively. Cesar and Charles blocked Leo's way, and a confrontation ensued. Leo's father, Leonardo Abuyo, intervened, but Cesar stabbed him. Leo, in defense, confronted Cesar, and a struggle ensued. Leo, armed with a bolo, eventually stabbed Cesar, resulting in Cesar's death. Leo voluntarily surrendered to the authorities and was charged with Homicide.

 

Whether or not Leo's actions, resulting in the death of Cesar, were justified under self-defense and defense of a relative. 

YES. The court ruled in favor of Leo, stating that the means he employed were reasonably necessary to repel the unlawful aggression. The court emphasized that Leo admitted to being the cause of Cesar's death but invoked self-defense and defense of a relative as justifying circumstances. The burden of proof shifted to Leo to establish these defenses.

In self-defense, the elements of unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation must concur. The court found that the first and third requisites were present, as Cesar attacked and pursued Leonardo without provocation from Leo. The court disagreed with the lower courts' assessment that Leo failed to prove the reasonable necessity of the means employed.The court emphasized that the law does not demand the accused to conduct themselves with the poise of a person not under imminent threat of fatal harm. Leo's actions were viewed from his standpoint at the time of the incident, considering the instinct for self-preservation outweighing rational thinking.

The court highlighted three crucial facts supporting Leo's claim of self-defense: Leo did not take advantage of opportunities to attack the disarmed Cesar, the threatening presence of Charles with a gun, and Leo's voluntary surrender after the incident. Leo's actions were deemed reasonable under the circumstances, and he was acquitted of Homicide.

 

 

 

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Austria v. AAA and BBB, G.R. No. 205275, [June 28, 2022]

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Austria v. AAA and BBB

 G.R. No. 205275, [June 28, 2022]

EN BANC, LOPEZ, M.V 

Double Jeopardy; legal personality to appeal despite Acquittal; OSG Intervention 

The private offended party may file an appeal without the intervention of the OSG, but only insofar as the civil liability of the accused is concerned. Also, the private complainant may file a special civil action for certiorari even without the intervention of the OSG, but only to the end of preserving his or her interest in the civil aspect of the case.No violation of double jeopardy in assailing a decision rendered in grave abuse of discretion amounting to lack or excess of jurisdiction.

 

Austria, a pubic school teacher, was convicted of 5 counts of acts of lasciviousness against two 11-year-old female students. On his motion for reconsideration, he was acquitted by the new presiding judge who resolved the motion. The private complainants a motion for reconsideration, but the same was denied. Thus, the private complainants filed a special civil action for certiorari Rule 65 to the CA. They alleged that the new presiding judge committed grave abuse of discretion in rendering the Joint Orders of acquittal which merely recited the contents of the accused's motion for reconsideration without stating any factual and legal basis. The CA declared the judgment of acquittal as void and that double jeopardy did not attach. 

Austria filed a petition with the SC, invoking his right against double jeopardy and claiming that the private complainants had no legal personality to question his acquittal. The SC required the Office of the Solicitor General to file a comment on the private complainants’ legal standing in a criminal case.  The OSG gave its conformity to the petition for certiorari that private complainants filed before the CA. The OSG argued that the trial court's Joint Orders were void for failure to state clearly the factual and legal bases of Austria's acquittal. 

 

Whether the private complainants had the legal personality to question the acquittal of the accused. 

NO. "In any criminal case or proceeding, only the OSG may bring or defend actions on behalf of the Republic of the Philippines, or represent the People or State before the Supreme Court (SC) and the CA. This is explicitly provided under Section 35(1), Chapter 12, Title III, Book III of the 1987 Administrative Code of the Philippines.

"The rationale behind this rule is that in a criminal case, the state is the party affected by the dismissal of the criminal action and not the private complainant. The interest of the private offended party is restricted only to the civil liability of the accused. In the prosecution of the offense, the complainant's role is limited to that of a witness for the prosecution such that when a criminal case is dismissed by the trial court or if there is an acquittal, an appeal on the criminal aspect may be undertaken only by the State through the OSG.  The private offended party may not take such appeal, but may only do so as to the civil aspect of the case. Differently stated, the private offended party may file an appeal without the intervention of the OSG, but only insofar as the civil liability of the accused is concerned. Also, the private complainant may file a special civil action for certiorari even without the intervention of the OSG, but only to the end of preserving his or her interest in the civil aspect of the case.

While the private complainants filed the petition before the CA without the OSG’s prior conformity, they cannot be faulted for relying on jurisprudence allowing them to assail the criminal aspect of the case through a petition for certiorari on the grounds of grave abuse of discretion and denial of due process. Hence, the Court should not dismiss their remedy. In any event, the OSG joined the cause of private complainants, and gave its conformity to the petition for certiorari that the private complainants filed before the CA.

 

Whether the RTC’s orders of acquittal valid.

NO. The CA properly struck down as a nullity the RTC's Joint Orders which simply copied the allegations of the accused in his motions for reconsideration and memoranda followed by a conclusion "that the prosecution miserably failed to overcome the legal presumption of innocence of the accused beyond cavil of reasonable doubt."  They contained neither an analysis of the evidence nor a reference to any legal basis for the conclusion. Thus, the Joint Orders are void for failure to meet the standard set forth in Section 14, Article VIII of the Constitution.

 

Whether Austria's right against double jeopardy was violated.

NO. The RTC orders, which simply copied the allegations of Austria in his motions for reconsideration and memoranda were not valid. Section 14, Article VIII of the Constitution expressly provides that "no decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. The failure to comply with the constitutional injunction is a grave abuse of discretion amounting to lack or excess of jurisdiction. As the RTC’s acquittal orders were void judgments, they have no legal effect and thus did not terminate the case. Hence, Austria’s right against double jeopardy was not violated.

 

 

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Homol y Romorosa v. People, G.R. No. 191039, [August 22, 2022]

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Homol y Romorosa v. People

 G.R. No. 191039, [August 22, 2022]

SECOND, LOPEZ, M.V 

Abuse of Confidence; Qualified theft; theft vs Estafa; Simple Theft

 

An Information must sufficiently allege the elements of the crime charged to avoid violating the accused's right to be informed of the nature and cause of the accusation; an accused cannot be convicted of an offense not charged in the Information. 

Dr. Jelpha Robillos hired Arlene Homol y Romorosa as a clinic secretary and also tasked her with collecting and remitting installment payments from jewelry customers. Arlene received P1,000.00 from Elena Quilangtang for a gold bracelet but did not remit the money to Dr. Robillos. After Arlene resigned, Dr. Robillos reminded Elena of the unpaid installments, and Elena claimed to have paid Arlene. Dr. Robillos filed a criminal complaint against Arlene for qualified theft. Arlene pleaded not guilty, insisting she remitted the money. While the Information designated the offense as qualified theft, both the RTC and CA convicted Arlene of estafa involving unfaithfulness or abuse of confidence.

 

Whether the Information, which charged Arlene with qualified theft, sufficiently alleged facts constituting estafa, and whether Arlene's conviction for estafa was proper. 

NO. The SC clarified the distinctions between theft and estafa, emphasizing that estafa involves receiving money in trust or under an obligation to deliver. The Information failed to establish that Arlene received the money in a fiduciary capacity or with juridical possession. Arlene, being a mere collector, had material possession, not juridical possession. Thus, the SC found the prosecution failed to prove estafa.

However, the SC determined that the Information sufficiently charged Arlene with qualified theft. The theft was established but the prosecution failed to establish the element of grave abuse of confidence necessary for qualified theft. The SC noted the lack of evidence proving a high degree of confidence or a relationship facilitating the taking of money. Therefore, Arlene is guilty of simple theft, and was sentenced to four months and one day imprisonment. The SC also imposed interest on the P1,000.00 actual damages awarded to Dr. Robillos.

 

 

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