City Government of Tacloban v. Court of Appeals, G.R. No. 221554 (Resolution), [February 3, 2021]

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City Government of Tacloban v. Court of Appeals

 G.R. No. 221554 (Resolution), [February 3, 2021]

SECOND, LOPEZ, M.V 

Civil Procedure; Doctrine of Res Judicata; Compromise Agreement; Wit of Execution 

One and the same cause of action shall not be twice litigated between the same parties or their privies. Case law explained that if there is identity of parties, subject matter, and causes of action in the two cases, then res judicata in its aspect as a "bar by prior judgment" would apply. If, as between the two cases, only identity of parties can be shown, but not identical causes of action, then res judicata as "conclusiveness of judgment" applies.

 

The case involves Spouses Sacramento's land in Tacloban City, subject to an eminent domain complaint by the City Government. A Compromise Agreement between the parties was initially ratified but later withdrawn by the City Council. Spouses Sacramento sought enforcement, leading to conflicting court decisions. The RTC eventually granted their motion, issuing a Writ of Execution, which is upheld by the CA. When the RTC ordered the enforcement without an alias writ, the City Government appealed again, but the CA dismissed the petition citing res judicata. 

 

Whether or not it was proper for the CA to dismiss the petition applying the principle of res judicata. 

YES. The CA correctly applied the principle of res judicata in dismissing the petition for certiorari. It bears emphasis that a compromise agreement is in the nature of both a contract and a judgment on the merits. Spouses Sacramento and the City Government of Tacloban freely and voluntarily entered into a compromise agreement. The terms and conditions of the agreement are likewise clear. Moreover, the RTC approved the agreement and the Sangguniang Panlungsod ratified it. As such, the City Government of Tacloban cannot, later, relieve itself of liability simply because the city council changed its position. Thus, the CA correctly applied the principle of res judicata in dismissing the petition for certiorari.

Case law explained that if there is identity of parties, subject matter, and causes of action in the two cases, then res judicata in its aspect as a "bar by prior judgment" would apply. If, as between the two cases, only identity of parties can be shown, but not identical causes of action, then res judicata as "conclusiveness of judgment" applies.

Here, as opposed to the CA's conclusion, all the requisites of res judicata under the concept of "bar by prior judgment" and not "conclusiveness of judgment" are present. The two cases involve similar causes of action. The test to determine whether the causes of action are identical, is to ascertain whether the same evidence will sustain both actions, or whether there is an identity in the facts essential to the maintenance of the two actions. If the same facts or evidence would sustain both, the two actions are considered the same, and a judgment in the first case is a bar to the subsequent action.

The fact that two cases involve different RTC resolutions does not prevent the application of res judicata. Suffice it to say that a party cannot, by varying the form of action or adopting a different method of presenting his case, escape the operation of the principle that one and the same cause of action shall not be twice litigated between the same parties or their privies.

 

 

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Pioneer Insurance & Surety Corp. v. TIG Insurance Co., G.R. No. 256177, [June 27, 2022]

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Pioneer Insurance & Surety Corp. v. TIG Insurance Co.

 G.R. No. 256177, [June 27, 2022]

SECOND, LOPEZ, M.V

 

Civil Procedure; Verification and Non-forum shopping; ADR Rules 

The enforcement of a foreign arbitral award will not be refused on the grounds of public policy unless the award violates fundamental principles of justice and morality or is blatantly injurious to public interests. Additionally, failure to attach a secretary's certificate or special power of attorney authorizing the person who signed the verification and certification against forum shopping does not invalidate a petition filed under the Special Rules on Alternative Dispute Resolution.

 

Pioneer Insurance & Surety Corporation (Pioneer), a domestic corporation, entered into an agreement with Clearwater Insurance Company (Clearwater), a foreign entity, regarding reinsurance contracts. Clearwater filed a petition in the Regional Trial Court of Makati City to confirm, recognize, and enforce an arbitral award issued in its favor. The arbitral award stemmed from Pioneer's failure to pay Clearwater certain outstanding amounts, leading Clearwater to initiate arbitration proceedings in New York. The arbitral panel awarded Clearwater a substantial sum, which Pioneer failed to pay despite receiving the final award.

 

Whether or not the Philippine courts should confirm, recognize, and enforce the arbitral award in favor of Clearwater despite Pioneer's objections regarding procedural irregularities, prescription of claims, and violation of public policy.

 

YES. The Court upheld the decisions of the lower courts and confirmed, recognized, and enforced the arbitral award in favor of Clearwater. It found that Clearwater's petition complied with the Special Rules on Alternative Dispute Resolution (ADR) regarding verification and certification against forum shopping, and failure to attach a secretary's certificate did not invalidate the petition. The Court also dismissed Pioneer's arguments regarding prescription of claims, noting that Pioneer failed to prove the illegality or immorality of the arbitral award. Enforcement of the award was deemed not contrary to public policy, as it did not violate fundamental principles of justice and morality or injure public interests. Therefore, the Court affirmed the decisions of the lower courts and upheld the enforcement of the arbitral award in favor of Clearwater.

 

 

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Republic v. Salinas, G.R. No. 238308 (Resolutions), [October 12, 2022]

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Republic v. Salinas

 G.R. No. 238308 (Resolutions), [October 12, 2022]

SECOND, LOPEZ, M.V

 

Notice of Appeal; Filing of Pleading 

The filing date of a pleading submitted to the court through registered mail is proved by the post office-stamped date appearing on the envelope of the pleading or that stated in the registry receipt.

  

A Petition for Declaration of Nullity of Marriage filed by respondent Teresita I. Salinas was granted by the RTC. The Republic filed a motion for reconsideration (MR) but was denied in an Order which it received on August 4, 2015. It, thus, had until August 19, 2015 to file an appeal. However, the RTC received a Notice of Appeal via registered mail, contained in an envelope rubber stamped with the date "October 5, 2015," which it found to be imprinted by the postmaster. Thus, the RTC denied the Republic's Notice of Appeal for being filed late. 

The CA found no grave abuse of discretion on the part of the RTC in denying the Notice of Appeal for being filed beyond the 15-day reglementary period. The CA considered the OSG Inner Registered Sack Bill akin to a registry receipt. However, the CA observed that the Republic failed to present an affidavit of the person who purportedly mailed the Notice of Appeal as required under Section 12, Rule 13 of the Rules. 

 

Whether or not the CA erred in finding no grave abuse of discretion on the part of the RTC when it denied the Republic's Notice of Appeal for being filed late. 

NO. No grave abuse of discretion can be imputed to the RTC in considering the date stamped on the envelope of the Republic's Notice of Appeal, which was October 5, 2015, as the date of the pleading's filing.

The pleading's filing date can be proved either by:

2.1. the post stamp on the envelope, which is considered part of the records; or

2.2. the registry receipt 

Contrary to the CA's ruling, the photocopy of the OSG Inner Registered Sack Bill cannot be equated to a registry receipt nor given probative value. Unlike a registry receipt, the OSG's Inner Registered Sack Bill was not issued or signed by the postmaster or any authorized receiving personnel of the concerned post office; hence, unverified to be authentic.

In addition, the Republic could have conveniently presented the registry receipt corresponding to its Notice of Appeal, which would have constituted the best evidence of its claim that it filed its Notice of Appeal on August 18, 2015, even if a different date appears on the envelope. Unfortunately, the Republic failed to present such original receipt nor has it offered any explanation for its failure to do so, which only leads to a conclusion that such evidence would operate to its prejudice and support the case of the adversary.

 

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People v. Mazo y Ybañez, G.R. No. 242273 (Resolution), [November 23, 2020]

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People v. Mazo y Ybañez

 G.R. No. 242273 (Resolution), [November 23, 2020]

SECOND, LOPEZ, M.V

 

Illegal Sale and Possesion of dangerous drugs; Buy-bust Operation;  Chain of Custody 

The court emphasized the importance of strict adherence to the chain of custody rule outlined in RA 9165 to maintain the integrity of seized drugs as evidence. Provisions of Sec. 21 of RA No. 9165 embody the constitutional aim to prevent the imprisonment of an innocent man. The Court cannot tolerate the lax approach of law enforcers in handling the very corpus delicti of the crime.

 

On January 12, 2017, the Station Anti-Illegal Drugs-Special Operations Task Group planned a buy-bust operation against Nico, based on information alleging drug selling activities in Barangay La Paz, Makati City. During the operation, PO1 Andrew O. Amante acted as the poseur-buyer, with PO1 Nathaniel Maculi and PO1 Stephanie Limjap as back-ups. Nico was identified by an informant and subsequently engaged in a transaction with the poseur-buyer, handing over sachets of methamphetamine hydrochloride. Nico, Joey, and Joy were arrested, and the confiscated items were submitted for examination, resulting in positive drug identification. 

However, critical procedural lapses emerged concerning the chain of custody of the seized drugs. First, there was ambiguity regarding where and when the confiscated items were marked. Although PO1 Andrew O. Amante testified to marking the sachets, details on the actual marking process were lacking, creating uncertainty about the integrity of the evidence. Second, the inventory and photograph of the seized items were conducted not immediately after the seizure but at the barangay hall, without justification for the delay. Moreover, the absence of representatives from the National Prosecution Service or the media during the inventory further undermined the integrity of the process. These lapses raised questions about the preservation of the identity and evidentiary value of the seized drugs, violating the chain of custody rule under RA 9165. 

 

Whether or not the prosecution established an unbroken chain of custody over the seized drugs, as required by law, thus ensuring the integrity and evidentiary value of the seized items. 

NO. The court acquitted Nico and Joey due to a broken chain of custody. It found that the prosecution failed to satisfy the essential requirement of proving the movement and custody of the seized drugs from the time of confiscation to their presentation in court. In illegal sale and possession of dangerous drugs, the contraband itself constitutes the very corpus delicti of the offenses and the fact of its existence is vital to a judgment of conviction.20 Thus, it is essential to ensure that the substance recovered from the accused is the same substance offered in court.21 Indeed, the prosecution must satisfactorily establish the movement and custody of the seized drug through the following links: (1) the confiscation and marking of the specimen seized from the accused by the apprehending officer; (2) the turnover of the seized item by the apprehending officer to the investigating officer; (3) the investigating officer's turnover of the specimen to the forensic chemist for examination; and, (4) the submission of the item by the forensic chemist to the court.22 Here, the records reveal a broken chain of custody.

In this case, the prosecution failed to provide adequate explanations for deviations from these procedural requirements. The apprehending team failed to provide justifiable reasons for non-compliance with Section 21 Chain of Custody Rule, and they likewise failed to demonstrate that the integrity and evidentiary value of the seized drugs were preserved despite procedural lapses. Specifically, there were deficiencies in the marking, inventory, and witness presence during the seizure, casting doubt on the integrity of the evidence. The police officers only made a general statement that the place of arrest was hostile without elaborating any threat on their security. The operatives also failed to provide any justification showing that the integrity of the evidence had all along been preserved. Worse, it appears that the barangay official was absent when the drugs were seized. Lastly, no representative of the National Prosecution Service or the media as an insulating were present to witness to the inventory and photograph of the seized items.

The court emphasized the importance of strict adherence to procedural requirements to prevent the imprisonment of innocent individuals. Therefore, Nico and Joey were acquitted, and the resolution reversed and set aside, with immediate release ordered unless lawfully held for another cause.

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People v. Arraz y Rodriguez, G.R. No. 252353, [July 6, 2022]

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People v. Arraz y Rodriguez

 G.R. No. 252353, [July 6, 2022]

SECOND, LOPEZ, M.V

 

Cybercrime Prevention Act; Special penal Law; Rape; Trafficking in Persons 

Each crime has its own set of elements and factual basis, and thus, convictions must be based on separate and independent grounds. The concept of multiple convictions for distinct offenses; it underscores the importance of ensuring that each charge is supported by sufficient evidence and stands on its own merits, without unjustified merging or overlap with other offenses. 

 

Jerrie was charged with multiple offenses including trafficking in persons, rape, and violation of the Cybercrime Prevention Act of 2012. The case involved Jerrie allegedly exploiting AAA252353, enticing her with promises of a better life - whom he hired as a domestic helper, and then subjecting her to sexual exploitation, including live nude shows and intercourse, online prostitution, coerced sexual acts, and distribution of explicit content, which he facilitated through online platforms. Jerrie also allegedly arranged encounters with foreigners who engaged in sexual activities with AAA in exchange for money. The victims, including AAAand CCC, were brought from their hometown to Manila under false pretenses. 

The prosecution presented evidence including testimony from AAA and CCC, who detailed the abuse they suffered at Jerrie's hands, as well as digital evidence retrieved from Jerrie's residence, which included photos and videos of the victims engaged in compromising acts. Law enforcement officers conducted surveillance and an entrapment operation, leading to Jerrie's arrest. Jerrie denied the charges, claiming that the allegations were fabricated and that the victims willingly engaged in sexual activities with him and others. 

 

Whether or not Jerrie is guilty for trafficking in persons, rape, and violation of the "Cybercrime Prevention Act of 2012. 

YES. The court rendered a comprehensive ruling, affirming Jerrie's guilt on all charges. Regarding trafficking in persons, the court found Jerrie guilty based on the prosecution's evidence demonstrating his exploitation of AAA for commercial sex acts through force, coercion, and intimidation. For the rape charges, the court relied on AAA credible testimony detailing multiple instances of sexual assault perpetrated by Jerrie, rejecting his defenses of denial and questioning the victim's credibility. Additionally, Jerrie was found guilty of violating cybercrime laws by engaging in online exploitation and distributing lewd content for profit.

The court imposed appropriate penalties, including life imprisonment, hefty fines, and awards for damages to the victim, reflecting the gravity of the offenses and the need for deterrence and restitution. Ultimately, the court dismissed Jerrie's appeal, underscoring the importance of protecting vulnerable individuals from exploitation and upholding the rule of law in combating heinous crimes.

 

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People v. Sualog, G.R. No. 250852, [October 10, 2022]

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People v. Sualog

 G.R. No. 250852, [October 10, 2022]

SECOND, LOPEZ, M.V

 

Murder; Qualifying Circumstance of treachery not proved - charged modified to homicide on appeal 

Any Information which alleges that a qualifying or aggravating circumstance is present, must state the ultimate facts relative to such circumstance. In order for aggravating circumstances to be appreciated, they must be specifically alleged in the information and proven during trial. Likewise, it is insufficient for the prosecution to merely indicate the presence of qualifying circumstances without describing the acts that constitute those circumstance. Failure to do so may result in the disregard of such circumstances in determining the appropriate penalty. 

 

John Francis Sualog was charged with three counts of murder for the deaths of Amado Chavez Maglantay, Eppie U. Maglantay, and Jessa Amie U. Maglantay. The incidents occurred on October 12, 2003, in the Municipality of Libertad, Province of Antique, Philippines. The charges were filed before the Regional Trial Court (RTC) of Culasi, Antique, with each count alleging that John Francis, armed with a bolo, willfully, unlawfully, and feloniously attacked, assaulted, hacked, and stabbed the victims, causing their instantaneous deaths. The prosecution asserted the presence of qualifying aggravating circumstances, including evident premeditation, treachery, taking advantage of nighttime, and superior strength, with the commission of the offenses characterized by cruelty and adding ignominy to the natural effects of the crime. John Francis pleaded guilty to the charges, and the RTC convicted him of three counts of murder, imposing the death penalty for each case. 

 

Whether or not the killings qualify as murder and whether the aggravating circumstances alleged by the prosecution were properly proven. 

NO. While the killings were initially charged as murder with qualifying aggravating circumstances, the Court found that the aggravating circumstances of treachery and evident premeditation were not sufficiently alleged in the Information. The Court ruled out treachery due to a lack of clear evidence on how the attack commenced and developed. The prosecution also did not establish with moral certainty that the three victims were utterly oblivious to the impending attack or that they had no opportunity to mount a meaningful defense. Inarguably, there was reasonable doubt on how the aggression started, developed, and ended.

Likewise, evident premeditation was not proven, as there was no evidence of when John Francis decided to commit the crime and had sufficient time to reflect on its consequences. The Court discounted evident premeditation because there is no proof as to how and when the plan to kill was decided, and how much time had elapsed before it was carried out.The aggravating circumstances of nighttime, abuse of superior strength, cruelty, and ignominy were also disregarded due to insufficient evidence. Therefore, John Francis was found guilty of three counts of homicide instead of murder.

Considering his plea of guilt, the Court applied the mitigating circumstance of plea of guilt and imposed an indeterminate sentence of six years and one day of prision mayor to twelve years and one day of reclusion temporal for each count. Civil liability was also modified, with John Francis directed to pay P50,000.00 civil indemnity, P50,000.00 moral damages, and P50,000.00 temperate damages for each count, all with legal interest at the rate of 6% per annum. The grant of exemplary damages was deleted due to the absence of aggravating circumstances.

 

 

 

 

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People v. Leocadio y Labrador, G.R. No. 227396, [February 22, 2023]

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People v. Leocadio y Labrador

 G.R. No. 227396, [February 22, 2023]

SECOND, LOPEZ, M.V

 

Rape with Homicide; Exempting Circumstance of Accident; Circumstantial Evidence of Guilt 

The court emphasized that for accident to be considered an exempting circumstance, there must be a complete absence of intent or negligence on the part of the accused. In this case, the court upheld the conviction based on circumstantial evidence, that constitute an unbroken chain of events leading to one fair and reasonable conclusion, that points to the accused's guilt to the exclusion of all others. Despite the absence of direct witnesses to the crime, the court found the circumstantial evidence presented by the prosecution to be sufficient for conviction.

 

On March 26, 2002, AAA, a 12-year-old girl, was sent by her parents, BBB and CCC, to collect payment from their neighbor, Milo Leocadio y Labrador (Milo), for rice cakes. AAA did not return home, causing her parents to search for her. The next day, they reported her disappearance to the police. It was later discovered that AAA's lifeless body was found in Milo's house. She was found under Milo's bed with a cloth wrapped around her mouth and nose, hands tied behind her back, and signs of sexual assault and multiple injuries. 

During the trial, Milo admitted to killing AAA but claimed it was accidental. He stated that he was sleeping when AAA suddenly touched his shoulder, causing him to unconsciously throw a punch that led to her death. Milo denied any sexual assault and maintained that he did not rape AAA. He asserted that the injuries sustained by the victim were caused by a single blow he delivered, which led to her accidental death. 

 

Whether or not Milo is guilty beyond reasonable doubt of the complex crime of rape with homicide. 

YES. The Court affirms the decision finding Milo guilty of rape with homicide. Despite Milo's claim of accidental killing, the circumstances do not support the exemption from criminal liability due to accident. The court emphasized that accident requires the absence of intent or negligence on the part of the accused, and Milo's actions did not meet this standard.

In crimes against persons, such as rape with homicide, the intent to kill is presumed if the victim dies as a result of a deliberate act of the perpetrator. The court noted that AAA's death, caused by asphyxia and multiple injuries, indicated a deliberate and intentional act by Milo. The extent and nature of the injuries sustained by the victim suggested an intent to kill, which belies Milo's claim of accidental killing.

The defense of accident is struck down due to Milo's failure to establish it with clear and convincing proof. Additionally, circumstantial evidence convincingly links Milo to the rape and murder of AAA. In this case, the prosecution presented a chain of events and medical findings that pointed to Milo's guilt. Despite the absence of direct witnesses to the rape and murder, the circumstantial evidence, including AAA's disappearance after visiting Milo's house and the nature of her injuries, formed a solid basis for conviction. Hence, Milo is sentenced to suffer reclusion perpetua without parole and ordered to pay various damages to the victim's heirs with legal interest. 

 

 

 

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