Wednesday, February 11, 2015

Aristotle A Ong Case Digest




Aristotle A Ong              


1.        People v. Mesias G.R. No. L-67823, July 9, 1991
FACTS:
This is an appeal from a decision of the then Court of First Instance of Rizal, Branch XXXI, Quezon City, through Judge Rodolfo A. Ortiz, finding Danilo Mesias y Sebastian guilty of the crime of robbery with homicide committed against Vivencio Cruz y Ramos. The dispositive part reads:
At around 8:00 o'clock in the evening of September 26, 1980, while Mrs. Olympia Cruz was setting the table for dinner, five (5) armed men, four of them wearing masks, barged into their house situated at No. 41 Kasunduan St., Barangay Commonwealth, Quezon City. Her husband, Vivencio Cruz, was in the living room while their son, Marlon, then six (6) years old, was in the bedroom watching television. Three (3) men poked their guns at Vivencio.. Then, she heard the armed men ransacking their house.
Marlon was allowed by the malefactors to return to the bedroom to watch television. Then through the open door, Marlon saw the robber without a mask stab Vivencio three times, twice on the chest and once on the left neck, with what appeared to be an icepick. Upon seeing his father wounded, Marlon ran to his mother and exclaimed "Nanay, naku si Tatay!" Olympia removed her blindfold and saw Vivencio apparently lifeless and bathed in his own blood.
Of the alleged five offenders, only Mesias was charged. At his arraignment, he pleaded not guilty to the crime of robbery with homicide. Trial followed. On January 26, 1982, the lower court rendered the assailed judgment of conviction.
In this appeal, accused Mesias insists on his innocence. His principal defense is alibi. He alleges that on the night of September 26, 1980, he slept early in his sister's house located at the IBP site, Constitution Hills, Quezon City, about a half (1/2) kilometer away from the crime scene. This was corroborated by his sister, Leni Claudio, who testified that Mesias was in her house between 6:00 in the evening of September 26, 1980 and 6:00 in the morning of September 27, 1989. 6
To further support his claim of innocence, Mesias alleges that the victim's widow and young son, mistook him for another person because there is another man who looks just like him, which he calls his "double", and who happens to live in the same area.
ISSUE:
Whether or not the Defense of Alibi of Mesias is tenable given the facts of the case.



DECISION:
Accused's defense of alibi deserves little consideration. In no way did it prove that Mesias could not have been at the scene of the crime at the time of its commission. In fact, Mesias even admitted that the house of his married sister Leni where he was allegedly sleeping, was a mere one-half kilometer from the Cruz' residence.
In the case of People vs. Reunir, 10 it was held that for an effectual alibi, it must be shown that not only was the accused at some other place at the same time but that it was physically impossible for him to have been at the scene of the crime when it occurred.
During direct and cross-examination, the boy Marlon, a six-year old kindergarten pupil, remained firm in his assertion that it was none other than Danilo Mesias, the unmasked one, who stabbed his father. The defense, on cross-examination, repeatedly asked Marlon who killed his father and each time Marlon replied that it was the accused Mesias. In the light of Marlon's categorical and straightforward testimony which recounted the violence that transpired on September 26, 1980, as well as his consistent declaration that among the five (5) men who entered their house, it was Mesias who fatally knifed his father, we cannot but conclude that the boy Marlon was indeed telling the truth and that what he stated on the witness stand was what he had actually witnessed on the night in question.
Children of sound mind are likely to be more observant of incidents which take place within their view than older persons, and their testimony is therefore likely to be more correct in detail than that of older persons; and when once established that they understood the nature and character of an oath, full faith and credit should be given to their testimony.


2.        People vs Opida G.R. No. L-46272, July 13, 1986
FACTS:
This is an automatic review of the Decision of the Circuit Criminal Court, Seventh Judicial District, imposing the death penalty upon Alberto Opida and Virgilio Marcelo for the crime of murder.
On July 31, 1976, in Quezon City, several persons ganged up on Fabian Galvan, stoned and hit him with beer bottles until finally one of them stabbed him to death. The actual knife-wielder was identified as Mario del Mundo. 3 Nonetheless, Alberto Opida and Virgilio Marcelo were charged with murder as conspirators and, after trial, sentenced to death. 4
The basis of their conviction by the trial court was the testimony of two prosecution witnesses, neither of whom positively said that the accused were at the scene of the crime, their extrajudicial confessions, which were secured without the assistance of counsel, and corroboration of the alleged conspiracy under the theory of interlocking confession.
What is striking about this case is the way the trial judge conducted his interrogation of the two accused and their lone witness, Lilian Layug. It was hardly judicious and certainly far from judicial, at times irrelevant, at Worst malicious. Reading the transcript, one gathers the impression that the judge had allied himself with the prosecution to discredit at the outset the credibility of the witnesses for the defense.
ISSUE:  
 1. Whether or not the extrajudicial confession that was used as a basis for conviction was admissible as evidence.
2.  Whether or not the evident hostility and bias of the judge in the case at bar is proper.
DECISION:
1. We have consistently held that, aside from the required assistance of counsel,  the rights guaranteed during a custodial investigation are not supposed to be merely communicated to the suspect, especially if he is unlettered, but must be painstakingly explained to him so he can understand their nature and significance. Moreover, manhandling of any sort will vitiate any extrajudicial confession that may be extracted from him and renders it inadmissible in evidence against him.
2. Time and again this Court has declared that due process requires no less than the cold neutrality of an impartial judge.  we have added that the judge must not only be impartial but must also appear to be impartial, to give added assurance to the parties that his decision will be just. This guaranty was not observed in this case. Given the obvious hostility of the judge toward the defense, it was inevitable that all the protestations of the accused in this respect would be, as they in fact were, dismissed. And once the confessions were admitted, it was easy enough to employ them as corroborating evidence of the claimed conspiracy among the accused.
The judge disregarded these guarantees and was in fact all too eager to convict the accused, who had manifestly earned his enmity. When he said at the conclusion of the trial, "You want me to dictate the decision now?" 23, he was betraying a pre-judgment long before made and obviously waiting only to be formalized.
WHEREFORE, the conviction of Alberto Opida and Virgilio Marcelo is reversed and they are hereby ordered released immediately. No costs.




3.        People vs Concepcion G.R. No. L-1553, October 25, 1949
 FACTS:          
This is an appeal from a judgment of the People's Court finding the appellant, Francisco Concepcion, guilty of treason and sentencing him to life imprisonment and to pay a fine of P10,000 and the costs. The appellant was found guilty of treason.
The appellant was found guilty of collaborating with the enemy – the Japanese Imperial Army during the occupation in Cebu City. Appellant assails now the action of the lower court of receiving new evidence after the prosecution has rested its case during the trial.
ISSUE: 
Whether or not appellant’s assignment of error on the part of the lower court in receiving and admitting new evidence after the prosecution has rested  its case was correct.

DECISION:
No. The error assigned by counsel for the appellant as having been committed by the lower court has reference to its action in allowing the prosecution to present evidence of appellant's Filipino citizenship after the prosecution had rested its case and the defense had moved for dismissal. This assignment is untenable, as the matter of reopening a case for the reception of further evidence after either the prosecution or the defense has rested is within the discretion of the trial court (23 C.
The appealed judgment, being in conformity with the facts and the law, is affirmed. So ordered with costs.



4.        People vs Pido G.R. No. 92427, August 2, 1991
FACTS:          
This is an appeal from the decision of the lower court convicting, ROBERTO R. PIDO of the crime of rape, committed as follows:
That on or about the 15th day of April 1980, in the City of Manila, Philippines, the said accused did then and there willfully, unlawfully and feloniously, by means of force and intimidation, to wit: by holding the neck of the complainant simultaneously poking a deadly bladed instrument against her, threatening to kill her should she shout for help and ordering her to remove her entire clothings, have sexual intercourse with the undersigned complainant, against her will.
The complaint was filed with the then Court of First Instance (now Regional Trial Court) of Manila. It was docketed therein as Criminal Case No. 61752 and was assigned to Branch 35 thereof.
The accused entered a plea of not guilty when arraigned on 13 July 1981.
On January 3, 1990, the trial court promulgated its decision convicting the accused of the crime of rape and sentencing him to a penalty of reclusion perpetua.
In summary the testimonial evidence as presented by the prosecution as part of or as res gestae points to the accused as having committed rape based on the testimony of the alleged victim Teresita Gam and her cousin Lydia Sulit who allegedly saw the accused leave the house after committing the heinous act. (She did not see the actual rape). On the other hand, the accused denies the accusation and on his part alleged that it was Teresita Gam who invited her into the house and had consensual sexual intercourse with him. He further narrates that they were former sweethearts and they broke up previously because Teresita worked in a club and became a prostitute. The alleged rape took place on April 15, 1980, Teresita reported the alleged crime the following month – May 1980.
ISSUE:
 The basic issue which these conflicting theories raise is whether or not the guilt of the accused-appellant has been established beyond reasonable doubt.

DECISION:
We have carefully and meticulously reviewed and analyzed the evidence for the prosecution in this case and, guided by the jurisprudential principles and considerations adverted to in the exordium of this decision, We find that the prosecution failed to discharge its duty to establish the guilt of the accused beyond reasonable doubt. Reversal of the decision appealed from is inevitable.
It is the teaching in various rulings that in rape cases, the testimony of the offended party must not be accepted with precipitate credulity. Common sense and logic, and above all the duty to render impartial justice, which is expected from judges, demand that the testimonies of witnesses must be viewed in their totality. This of course means that due attention must be given to the cross-examination. It is the province of the latter to test the credibility of the witnesses, expose falsehood or half-truth, uncover the truth which rehearsed direct-examination testimonies may successfully suppress, and demonstrate inconsistencies on substantial matters which create reasonable doubt. In short, cross-examination is an indispensable instrument of criminal justice to give substance and meaning to the Constitutional right of the accused to confront the witnesses against him and to show that the presumption of innocence has remained steadfast and firm.
This case then provides one more occasion for this Court to take exception to the rule that appellate courts will generally not disturb the factual findings of the trial court considering that it is in a better position to decide the question, having heard the witnesses themselves and observed their deportment and manner of testifying. 33 Two special considerations in this case justify such departure. Firstly, it was another judge (Judge Alfredo Lazaro) who heard and received the whole testimony on direct examination of the complainant and the major portion of her testimony on cross-examination. Judge Makasiar, who decided the case, did not then have sufficient basis to form an opinion as to the complainant's deportment and manner of testifying. Secondly, the trial court had ignored or overlooked substantial facts and circumstances, as hereafter shown, which would affect the result of the case.
WHEREFORE, for failure of the prosecution to establish the guilt of the accused for the crime of rape as charged beyond reasonable doubt, the decision of the trial court in Criminal Case No. 61752 is hereby REVERSED and another is hereby entered ACQUITTING the accused Roberto R. Pido, with costs de officio.
SO ORDERED.



5.        Talino vs Sandiganbayan G.R. Nos. L-75511-14, March 16, 1987
FACTS:          
It is settled that if a separate trial is allowed to one of two or more defendants, his testimony therein imputing guilt to any of the co-accused is not admissible against the latter who was not able to cross-examine him. 1
The petitioner, along with several others, were charged in four separate informations with estafa through falsification of public documents for having allegedly conspired to defraud the government in the total amount of P26,523.00, representing the cost of repairs claimed to have been undertaken, but actually not needed and never made, on four government vehicles, through falsification of the supporting papers to authorize the illegal payments. 2 Docketed as CC Nos. 6681, 6682, 6683 and 6684, these cases were tried jointly for all the accused until after the prosecution had rested, when Genaro Basilio, Alejandro Macadangdang and petitioner Talino asked for separate trials, which were allowed. They then presented their evidence at such trials, while the other accused continued defending themselves in the original proceedings, at which one of them, Pio Ulat gave damaging testimony against the petitioner, relating in detail his participation in the questioned transactions. 4 In due time, the Sandiganbayan rendered its decision in all the four cases finding Talino, Basilio, Macadangdang Ulat and Renato Valdez guilty beyond reasonable doubt of the crimes charged while absolving the other defendants for insufficient evidence. This decision is now challenged by the petitioner on the ground that it violates his right of confrontation as guaranteed by the Constitution.
ISSUE:
The issue in this case is whether or not the testimony in a separate trial was considered by the respondent court against the petitioner, who claims that it was in fact the sole basis of his conviction.
DECISION:
NO. It was not considered in its finding of facts but the court has this to say on the issue.
In its decision, the respondent court * makes the following remarks about the separate trial:
It would really have been simpler had there been no separate trial because the accused Pio B. Ulat said so many incriminatory things against the other accused when he took the stand in his own defense. But because Basilio, Talino and Macadangdang were granted separate trials and they did not cross examine Ulat because, as a matter of fact, they were not even required to be present when the other accused were presenting their defenses, the latter's testimonies cannot now be considered against said three accused.
The grant of a separate trial rests in the sound discretion of the court and is not a matter of right to the accused, especially where, as in this case, it is sought after the presentation of the evidence of the prosecution. 6 While it is true that Rule 119, Section 8, of the Rules of Court does not specify when the motion for such a trial should be filed, we have held in several cases that this should be done before the prosecution commences presenting its evidence, although, as an exception, the motion may be granted later, even after the prosecution shall have rested, where there appears to be an antagonism in the respective defenses of the accused. 7 In such an event, the evidence in chief of the prosecution shall remain on record against an accused, with right of rebuttal on the part of the fiscal in the separate trial of the other accused. 8
The rule in every case is that the trial court should exercise the utmost circumspection in granting a motion for separate trial, allowing the same only after a thorough study of the claimed justification therefor, if only to avoid the serious difficulties that may arise, such as the one encountered and regretted by the respondent court, in according the accused the right of confrontation.
The right of confrontation is one of the fundamental rights guaranteed by the Constitution 9 to the person facing criminal prosecution who should know, in fairness, who his accusers are and must be given a chance to cross-examine them on their charges. No accusation is permitted to be made against his back or in his absence nor is any derogatory information accepted if it is made anonymously, as in poison pen letters sent by persons who cannot stand by their libels and must shroud their spite in secrecy. That is also the reason why ex parte affidavits are not permitted unless the affiant is presented in court 10 and hearsay is barred save only in the cases allowed by the Rules of Court, like the dying declaration. 11
We have carefully studied the decision under challenge and find that the respondent court did not consider the testimony given by Ulat in convicting the petitioner. The part of that decision finding Talino guilty made no mention of Ulat at all but confined itself to the petitioner's own acts in approving the questioned vouchers as proof of his complicity in the plot to swindle the government.
The factual findings of the respondent court being supported by substantial evidence other than Ulat's testimony, we see no reason to disturb them. It is futile for the petitioner to invoke his constitutional presumption of innocence because his guilt has in the view of the trial court been established beyond reasonable doubt, and we agree.
WHEREFORE, the judgment appealed from is AFFIRMED, with costs against the petitioner.




6.        Cosep vs People G.R. No. 110353, May 21, 1998
FACTS:         
Petitioner, Tomas Cosep, was the Municipal Planning and Development Coordination Officer of Olutanga, Zamboanga del Sur.  In 1987, the Municipality decided to construct an artesian well for one of its localities.  Hence, it secured the services of private complainant Angelino E. Alegre to undertake the said project, under a “pakyaw” arrangement for the contract price of P5,000.00 payable after completion of the project.
After the project was finished, petitioner secured the amount of P5,000.00 from the Municipal Treasurer. However, only P4,500 was given to the private complainant, the balance being allegedly withheld by petitioner as reimbursement for his expenses in processing the papers in the Municipal Treasurer’s Office.
On April 10, 1992, petitioner entered a plea of not guilty to the charge.  Thereafter, trial on the merits ensued. The Sandiganbayan found him guilty of the charge.
Petitioner has filed the instant petition contending that:  (a) he was not accorded an impartial trial by the Sandiganbayan and (b) his guilt was not proven beyond reasonable doubt to justify his conviction.
ISSUE:
Whether or not petitioner was accorded impartial trial by the Sandiganbayan and that his guilt was not proven beyond reasonable doubt.
DECISION:
Regarding the first assignment of error, petitioner bewails the fact that during his testimony the Justices of the  Sandiganbayan actively participated in the proceeding by propounding no less than sixty-eight questions[4] which, in his opinion, were indications of partiality or prejudgment of guilt. 
We do not agree.
Admittedly, petitioner, like any other accused individual, is entitled to a fair trial before an “impartial and neutral judge” as an indispensable imperative of due process.[6] Judges must not only be impartial, but must also appear to be impartial as an added assurance to the parties that the decision will be just.[7] However, this is not to say that judges must remain passive or silent during the proceedings.  Since they are in a better position to observe the demeanor of the witness as he testifies on the witness stand, it is only natural for judges to ask questions to elicit facts with a view to attaining justice for the parties.  Questions designed to clarify points[8] and to elicit additional relevant evidence are not improper.[9] Also, the judge, being the arbiter, may properly intervene in the presentation of evidence to expedite and prevent unnecessary waste of time.[10]
While we do not see any merit in petitioner’s first assigned error, we, however, agree with him that his guilt was not adequately proven beyond reasonable doubt by the prosecution.
It is well settled that whether the accused is guilty or not of the offense charged is a question which involves a determination of facts as presented by the prosecution and the defense.  The duty to ascertain which is more credible is lodged with the trial court which had the opportunity to observe the witness directly and to test his credibility by his demeanor on the stand.  Thus, the Sandiganbayan’s factual findings are generally accorded respect, even finality, unless: (1) the conclusion is a finding grounded entirely on speculations, surmises and conjectures; (2) the inferences made are manifestly mistaken; (3) there is grave abuse of discretion; (4) the judgment is based on misapprehension of facts or premised on the absence of evidence on the record.[12] A re-examination of the entire proceedings of the instant case compels us to take exception to the aforementioned general rule.
Where the state fails to meet the quantum of proof required to overcome the constitutional presumption, the accused is entitled to acquittal, regardless of the weakness or even the absence of his defense[14] for any conviction must rest on the strength of the prosecution’s case and not on the weakness of the defense.
WHEREFORE, in view of the foregoing, the assailed decision of the Sandiganbayan insofar as it convicted and sentenced petitioner Tomas Cosep of violating Section 3(b) of R.A. No. 3019 is hereby SET ASIDE.  Petitioner Cosep is ACQUITTED on grounds of reasonable doubt.  Costs against the appellant.
SO ORDERED.




7.     People Vs Rivera G.R. No. 98376 August 16, 1991
FACTS:
The special civil action of certiorari at bar instituted in this Court to annul an order rendered by the Regional Trial Court at Kalookan City, Branch 129, in a prosecution for arson docketed in that Court as Criminal Case No. 28820 (87).Accused in that case of arson is Wilfredo L. Sembrano. It is the prosecution's theory that he wilfully caused the fire in the early morning of May 21, 1987 which totally burned and destroyed the second and third floors of the "I Love You Restaurant and Sauna Bath" owned by Juanita L. Tan, located at No. 2 L. Bustamante St. Kalookan City
Among the witnesses presented by the Government to demonstrate Sembrano's culpability was Benjamin Lee, a room boy of the restaurant and bath. Lee testified on direct examination at the hearing of December 8, 1987. His testimony was essentially that Sembrano had run out of the VIP room where the fire had started and refused to heed his (Lee's) call to stop.
The prosecution completed presentation of its evidence-in-chief in due course. But before it could rest its case, and two (2) months or so after Benjamin Lee had completed his testimony, the defendant's original counsel, Benjamin Formoso, withdrew his appearance and was substituted by another attorney, Eduardo S. Rodriguez.  The latter then filed a motion on June 8, 1988 to recall Benjamin Lee for further examination.  Motion granted.
ISSUE:
The basic issue is whether or not it is proper for the court to grant the motion of the Defendant Counsel and to order the recall to the stand of the witness Benjamin Lee.
DECISION:
No. It was not proper for the lower court to grant the motion to recall the witness for insufficiency of grounds to do so.
There is no doubt that a Trial Court has discretion to grant leave for the recall of a witness. This is clear from a reading of Section 9, Rule 132 of the Rules of Court, as amended,
Recalling witness.- After the examination of a witness by both sides has been concluded, the witness cannot be recalled without leave of the court. The court will grant or withhold leave in its discretion, as the interests of justice may require.
The discretion to recall a witness is not properly invoked or exercisable by an applicant's mere general statement that there is a need to recall a witness "in the interest of justice," or "in order to afford a party full opportunity to present his case," or that, as here, "there seems to be many points and questions that should have been asked" in the earlier interrogation. To regard expressed generalities such as these as sufficient ground for recall of witnesses would make the recall of witness no longer discretionary but ministerial. Something more than the bare assertion of the need to propound additional questions is essential before the Court's discretion may rightfully be exercised to grant or deny recall. There must be a satisfactory showing of some concrete, substantial ground for the recall. There must be a satisfactory showing on the movant's part, for instance, that particularly identified material points were not covered in the cross-examination, or that particularly described vital documents were not presented to the witness whose recall is prayed for, or that the cross-examination was conducted in so inept a manner as to result in a virtual absence thereof. Absent such particulars, to repeat, there would be no foundation for a trial court to authorize the recall of any witness.
In the case at bar, the respondent Trial Court granted the defendant's motion for recall on nothing more than said movant's general claim that certain questions - unspecified, it must be stressed - had to be asked. In doing so, it acted without basis, exercised power whimsically or capriciously, and gravely abused its discretion.

WHEREFORE, the petition is GRANTED and the respondent Court's challenged Order dated October


































































No comments:

Post a Comment