Wednesday, February 11, 2015

ganzon digests



(1)PEOPLE OF THE PHILIPPINES VS JOEL DE GUZMAN
G.R. No.132071 (October 16, 2000)

Facts:
Corazon Deliso y Reyes (Private complainant) alleged that she was rape by her husband cousin Joel  De Guzman, which the latter poked a knife on her neck and warned private complainant not to report the incident to anyone.
Defendant-Appellant In his defense said, he and private complainant were lovers and they have engaged in sexual intercourse many times during their six-month affair. The night of the alleged rape, private complainant told appellant that she was ready to leave her husband to go with him. But, appellant rebuffed her as he informed private complainant of his plan to go to Manila. At this juncture, private complainant allegedly told him that if he left she would charge him with rape.
Upon arraignment, appellant, assisted by counsel, entered a plea of not guilty. Thereafter, trial on the merits ensued. The trial court rendered judgment against the appellant founding him guilty beyond reasonable doubt for the crime of rape.
Appellant avers that the court erred in giving credence to the testimony of the victim.
ISSUE: Whether or not the trial court erred in giving credence to the testimony of the victim?
RULING:
To begin with, appellant's claim that their sexual intercourse was consensual is concoction born out of desperation. It is true that this Court has sustained the defense of consensual sex in a number of rape cases. It is to be noted, however, that in these cases, evidence like love notes, mementos and witnesses attesting to a consensual relationship were presented. Here, other than appellant's story he only had a fellow detainee to corroborate his tale. Ironically, his fellow detainee, Barro, contradicted him on major details.
We also note that the records show that private complainant cried during her direct examination. The cry of the victim during her testimony bolsters the credibility of the rape charge with the verity born out of human nature and experience.
What is significant is that she was clear and consistent in asserting that appellant had threatened and raped her. Thus, we see no reason to doubt private complainant's story. There is nothing to show that private complainant was actuated by ill motive to implicate appellant in the commission of the crime. The logical conclusion is that no such improper motive exists and the testimony of private complainant is worthy of full faith and credit.


(2)PEOPLE OF THE PHILIPPINES VS. DELA TORRE
G.R No. 121213 and 121216-23 (January 13, 2004)

FACTS:
Appellant-spouses Butchoy and Fe de la Torre employed Baby Jane Dagot as housemaid, That on or about the 2nd week of September, 1992 At around 12:00 o’clock midnight, appellant Fe de la Torre woke Baby Jane and her husband Butchoy , Fe then ordered Butchoy to have sex with Baby Jane.  The accused Butchoy de la Torre, in conspiracy and confederating with his wife, Fe de la Torre, by means of force, threat and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge with BABY JANE DAGOT, a girl of 16 years of age against her will and consent.
The rape was repeated once a week from the second week of September 1992 on to the fourth week of October 1992 and repeated again in the second week of December.
Appellant-spouses Butchoy and Fe de la Torre were charged in nine (9) separate Amended Complaints with rape.
The appellant-spouses denied the allegations of rape; the appellants profess that the imputations of rape against them may have been instigated by Baby Jane’s father, Rafael Dagot, who was also an employee of the spouse appellants. She allegedly caught him stealing. The appellants also insist that Baby Jane was already married to one Eddie Tabi when they took her as their maid.  This explains why, according to them, Baby Jane was no longer a virgin.
The nine criminal cases were consolidated and joint trial conducted before the Regional Trial Court, the Court found the appellants guilty of all nine (9) counts of rape charged in the nine Amended Complaints and sentenced them to reclusion perpetua for each count.
 ISSUE:
Whether or not the trial court erred in believing the private offended party accounts of the supposed rape?

RULING:
From the outset it should be noted that while the appellants assail the credibility of the complainant’s testimony, they actually do not point to specific inconsistencies or contradictions in her testimony.  True, the trial court relied solely on the testimony of the complainant regarding the rape incidents, but the determinative question before the trial court was whether the complainant’s testimony is credible.
The test to determine the value of the testimony of a witness is whether such is in conformity with knowledge and consistent with the experience of mankind.  Further, the credibility of witnesses can also be assessed on the basis of the substance of their testimony and the surrounding circumstances.
The greatest weight is accorded to the findings and conclusions reached by the lower court regarding the credibility of witnesses and their testimony, owing to the court’s unique position to see, hear and observe the witnesses testify.  Unless it is shown that the court overlooked or misunderstood some facts or circumstances of weight and substance which would affect the outcome of the case, or that its findings of fact and conclusions on the credibility of witnesses are not supported by the evidence on record, its determination is left undisturbed. In the present case, we see no need to overturn this well-settled principle.
But then, on the basis of the evidence adduced by the prosecution, the appellants may be convicted only of the rape committed in the first week of September 1992.  The evidence for the prosecution proves only the first charge of rape.  Baby Jane’s testimony on the commission of the eight other charges does not satisfy the standard of proof beyond reasonable doubt to justify the appellants’ conviction.
Each and every charge of rape is a separate and distinct crime; hence, each of the eight other rape charges should be proven beyond reasonable doubt. 
WHEREFORE, the judgment of the Regional Trial Court is MODIFIED.  In Criminal Case No. 11199, the appellants are found GUILTY beyond reasonable doubt of rape.

(3)PEOPLE VS. GODOY
G.R. Nos. 115908-09 (December 6, 1995)

FACTS:
Godoy was found guilty beyond reasonable doubt of the crimes of rape and kidnapping with serious illegal detention, and sentencing him to the maximum penalty of death in both cases by the Regional Trial Court.
The private complainant Mia Taha allegedly said that her teacher Danny Codoy(Appellant) by means of force, threat and intimidation, by using a knife and by means of deceit, have carnal Knowledge with her and kidnap or detained her, for a period of five (5).
The defense presented a different version of what actually transpired.
His defense was that they were lovers, as evidenced by the letters wrote by the complainant (Mia Taha) to the accused and the same was corroborated by the testimonies of the defense witnesses.
ISSUES:
Can Godoy be convicted of rape and kidnapping with illegal detention?

RULING:
No. They were in fact lovers.
This notwithstanding, the basic rule remains that in all criminal prosecutions without regard to the nature of the defense which the accused may raise, the burden of proof remains at all times upon the prosecution to establish his guilt beyond a reasonable doubt. If the accused raises a sufficient doubt as to any material element, and the prosecution is then unable to overcome this evidence, the prosecution has failed to carry its burden of proof of the guilt of the accused beyond a reasonable doubt and the accused must be acquitted.
There are three well-known principles that guide an appellate court in reviewing the evidence presented in a prosecution for the crime of rape. These are: (1) while rape is a most detestable crime, and ought to be severely and impartially punished, it must be borne in mind that it is an accusation easy to be made, hard to be proved, but harder to be defended by the party accused, though innocent;(2) that in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) that the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.
In the case at bar, several circumstances exist which amply demonstrate and ineluctably convince this Court that there was no rape committed on the alleged date and place, and that the charge of rape was the contrivance of an afterthought, rather than a truthful plaint for redress of an actual wrong.
The challenged decision definitely leaves much to be desired. The court below made no serious effort to dispassionately or impartially consider the totality of the evidence for the prosecution in spite of the teaching in various rulings that in rape cases, the testimony of the offended party must not be accepted with precipitate credulity. In finding that the crime of rape was committed, the lower court took into account only that portion of the testimony of complainant regarding the incident and conveniently deleted the rest. Taken singly, there would be reason to believe that she was indeed raped. But if we are to consider the other portions of her testimony concerning the events which transpired thereafter, which unfortunately the court a quo wittingly or unwittingly failed or declined to appreciate, the actual truth could have been readily exposed.
It is basic that for kidnapping to exist, there must be indubitable proof that the actual intent of the malefactor was to deprive the offended party of her liberty. In the present charge for that crime, such intent has not at all been established by the prosecution. Prescinding from the fact that the Taha spouses desisted from pursuing this charge which they themselves instituted, several grave and irreconcilable inconsistencies bedevil the prosecution's evidence thereon and cast serious doubts on the guilt of appellant.
The Court takes judicial cognizance of the fact that in rural areas in the Philippines, young ladies are strictly required to act with circumspection and prudence. Great caution is observed so that their reputations shall remain untainted. Any breath of scandal which brings dishonor to their character humiliates their entire families.80 It could precisely be that complainant's mother wanted to save face in the community where everybody knows everybody else, and in an effort to conceal her daughter's indiscretion and escape the wagging tongues of their small rural community, she had to weave the scenario of this rape drama.

(4)PEOPLE VS LIWAG
G.R. No. 89112 (August 3, 1993)

FACTS:
In the morning of September 9, 1979, Ely A. Lee was been murdered. Before the said killing took place, the prosecution witnesses Emilio Cerillo about five (5) meters away, saw appellant Mario Bolaños hand a gun to accused Liwag while talking to each other. Moments later, they heard gunshots. Cerillo stood up from the dug-out of the machine where he had been and saw accused Liwag with a gun, shooting at someone, whom he later on identified as the deceased Ely A. Lee.
Purita Lee, wife of the deceased, rushed to the ricemill and there she saw the victim lying on his own blood. Purita cradled her husband and asked: "Daddy, who shot you?" In his dying words, the victim uttered: "Si Mario" The victim was taken to the hospital, but was pronounced dead on arrival.
The Police arrived at the area and cordoned the same knowing that the gunman was still inside, but appellant Bolaños met with the police officers and denied that the gunman was still inside the building. However an hour after Bolanos informed the police that the gunman liwag will surrender.
Accused Liwag refused to give any statements to the police. Sworn statements obtained from several witnesses, including Emilio Cerillo, Domingo Hallare, Roger Castañeda, and Dionisio Orbon, implicated accused Liwag. Thereafter, the police conduct a search where Bolaños and his family lived and where the gunman had sought refuge after the shooting but Bolaños refused to allow the search, this time invoking the absence of a warrant therefore.
One day after, the police searched the Bolaños residence after having obtained the proper search warrant. In the course thereof, the lethal weapon was found inside and it was fully loaded .22 caliber licensed in the name of, and admittedly owned by appellant Bolaños.
A ballistic examination was then conducted by the PC Crime Laboratory on the said firearm. It was confirmed that the specimen slugs as well as the test slugs were fired from the gun recovered from the Bolaños residence. In other words, the specimen and test slugs were all fired from the same .22 caliber owned by Bolaños.
Accused Liwag made a confession before the Station Commander of Iriga City, claiming that it was appellant Bolaños who had ordered the killing of Lee, it was made with the assistance of counsel, Atty. Rudito Espiritu, whom the police asked to assist the said accused.
The trial court rendered a decision convicting the accused Andres Liwag and appellant Mario Bolaños of the crime of murder attended by the qualifying aggravating circumstance of treachery and the generic aggravating circumstance of evident premeditation and cruelty. Hence, this appeal.
ISSUES:
A.WHETHER OR NOT THE TRIAL COURT ERRED IN ADMITTING AND GIVING PROBATIVE VALUE OF THE EXTRAJUDICIAL CONFESSION OF ACCUSED ANDRES LIWAG?
B. WHETHER OR NOT THE TRIAL COURT ERRED IN CONSIDERING AS CIRCUMSTANTIAL EVIDENCE AGAINST DEFENDANT BOLANOS ALL HIS ACTS?

RULINGS:
A.  Well-settled is the rule that the extrajudicial confession of an accused is binding only upon himself and is not admissible against his co-accused. It is merely hearsay evidence as far as other accused are concerned. However, this rule is not without exceptions, one of which provides that the extrajudicial confession of an accused is admissible against his co-accused where the confession is used as circumstantial evidence to show the probability of participation of the co-accused in the killing of the victim.
More importantly, the extra-judicial confession of accused Liwag was made with the assistance of counsel, Atty. Rudito Espiritu, under the circumstances, Liwag's earlier affidavit with the assistance of counsel implicating appellant Bolaños cannot easily be set aside. More, Liwag's confession contained details which were corroborated on material points by the witnesses for the prosecution in establishing the link of circumstantial evidence which, among others, warrant the conviction of herein appellant.

B. Circumstantial evidence is the evidence of collateral facts or circumstances from which an inference may be drawn as to the probability or improbability of the facts in dispute. Not only the prior and coetaneous actuations of the accused in relation to the crime, but also his acts or conduct subsequent thereto can be considered as circumstantial evidence of guilt. To warrant conviction in criminal cases upon circumstantial evidence, such evidence must be more than one, derived from facts duly proven, and the combination of all of them must be such as to produce conviction beyond reasonable doubt.
The confession of accused Liwag with respect to the fact that accused-appellant was the one who handed him the murder weapon was corroborated by the testimony of witness Cerillo that he saw accuse-appellant give accused Liwag a gun immediately before the shooting.
WHEREFORE, the judgment of conviction is hereby AFFIRMED in toto. Costs against appellant.



(5)People of the Philippines vs. Honesto Manuel y Padilla
G.R. No. 121539 (October 21, 1998)

FACTS:
The Private offended party Nestcel  Marso y Gorospe,eleven (11) years of age, a minor was left in the care of spouses HONESTO MANUEL and ANNABELLE MANUEL. On the night of May 23, 1993, when only the accused and the private offended party are left in the house, Honesto by mean of violence and intimidation have carnal knowledge with Nestcel.

On arraignment, accused pleaded not guilty, the prosecution presented a Medico-legal Officer of the PNP crime Laboratory as an expert witness, the father of the victim and the victim itself was presented as witness for the prosecution.
The victim was subjected to a medical examination with the following finding: Findings are compatible with recent loss of virginity. There are no external signs of recent application of any form of violence.
The victim Nestcel testified that she was awakened from sleep to see accused-appellant by her side looking down at her. The latter the undressed and embraced her. Thereafter, accused-appellant played with his organ and tried to penetrate her from behind. Before Nestcel could close her legs, she felt accused-appellant penis touch her vagina and thereafter felt a fluid-like sticky substance flowing thereon.
The accused appellant denied the allegations, saying that he managed to relieve himself of his urge by means of masturbation.
The trial court gave credence to the version of the victim.
Accused-appellant Honesto Manuel was found to be guilty beyond reasonable doubt, as principal of the crime of Statutory Rape, defined and penalized in Article 335 of the Revised Penal Code.
ISSUE:
Whether or not the trial court gravely erred in giving credence to the testimony of the minor witness Nestcel Marzo (VICTIM)?

RULING:
Time and again, this Court has held that when the decision hinges on the credibility of the witnesses and their respective testimonies, the trial courts observation and conclusions deserve great respect and are often accorded finality, unless there appears in the record some facts or circumstances of weight which the lower court may have overlooked, misunderstood or misappreciated and which, if properly considered, would alter the results of the case. The trial judge enjoys the advantage of observing the witness deportment and manner of testifying, her furtive glance, blush of conscious shame, hesitation, flippant or sneering tone, calmness, sigh or the scant or full realization of an oath.—all of which are useful aids for an accurate determination of a witness honesty and sincerity.
It is settled that where there is no evidence to show any dubious  reason or improper motive why a prosecution witness would testify falsely against an accused or falsely implicate him in a crime, the testimony is worthy of full faith and credit.
It is settled  jurisprudence that testimonies of child-victims are given full weight  and credit, since when a woman or a girl-child says that she has been raped, she says in effect all the is necessary to show that rape was indeed committed.
WHEREFORE, premises considered, the assailed Decision is hereby AFFIRMED with MODIFICATION.
                                            
(6)PEOPLE VS. PILONES
G.R. No. L-32754-5 (July 21, 1978)

FACTS:
Manuel Pilones was convicted by the Circuit Criminal Court of Manila for the crime of murder, for the killing of Antonio G. Renolia (A.K.A Tony), and frustrated murder against Nicanor Ilagan.

 Ilagan was shot in the knee. Tony went to assist and tried to lift llagan but was shot buy the same assailant. Llagan saw his assailants face, because of the light of the electric lamp on the street. The assailant and his companions, Danny Banlag, Milo and others, who were armed with arrows and carried stones, ran away.

Tony died on the way to the hospital. Ilagan was also brought to the hospital where he was treated for two weeks.

Pilones refused to give any statement or comment upon investigation.

At the trial Pilones relied on an alibi, but the same was not corroborated by testimonies of possible witnesses.

ISSUE:
Whether Pilones was sufficiently identified by the prosecution's sole eyewitness, Ilagan?

RULING:
Pilones conspired with his companion in shooting llagan and killing Renolia.
The decisive fact is that Pilones was not only Identified by Ilagan but at the confrontation in the police precinct between accuser and accused, Pilones, as the accused, just kept silent and did not deny Ilagan's accusation and the Identification made by Renolia's mother. "He who remains silent when he ought to speak cannot be heard to speak when he should be silent". Rule 130 of the Rules of Court provides:
SEC. 23. Admission by silence. — Any act or declaration made in the presence and within the observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, may be given in evidence against him.
Silence is assent as well as consent, and may, where a direct and specific accusation of crime is made, be regarded under some circumstances as a quasi-confession. An innocent person will at once naturally and emphatically repel an accusation of crime, as a matter of self-preservation and self-defense, and as a precaution against prejudicing himself. A person's silence, therefore, particularly when it is persistent, will justify an inference that he is not innocent.
The trial court erred in holding that the crime as to Ilagan is frustrated murder. The wound in his knee was not sufficient to cause his death. The crime is only attempted murder.
WHEREFORE, the lower court's judgment is affirmed with the modification.

(7)PEOPLE VS. RAQUEL
G.R. No. 119005 (December 2, 1996)

FACTS:
At midnight of July 4, 1986, tragedy visited the peaceful lives of spouses Juliet and Agapito Gambalan, Jr. Thinking of a neighbor in need, Agapito attended to the person knocking at the backdoor of their kitchen. Much to his surprise, heavily armed men emerged at the door, declared a hold-up and fired their guns at him.

Juliet went out of their room after hearing gunshots and saw her husband’s lifeless while a man took her husband’s gun and left hurriedly. She shouted for help at their window and saw a man fall beside their water pump while two (2) other men ran away but she did not seen their faces. The police came and found one of the perpetrators of the crime wounded and lying at about 8 meters from the victim’s house. He was identified as Amado Ponce.

Amado Ponce revealed to P/Sgt. Andal S. Pangato that appellants Sabas and Valeriano Raquel were the perpetrators of the crime.
Upon arraignment thereafter, all the accused pleaded not guilty. While trial was in progress, however, and before he could give his testimony, accused Amado Ponce escaped from jail. Upon the other hand, appellants relied on alibi as their defense and presented witnesses to support their alibi.

The trial court rendered judgment finding all of the accused guilty beyond reasonable doubt for the crime of robbery with homicide and sentenced them accordingly.

ISSUE:
Whether or not the trial court erred in convicting the appellants of the crime charged, despite absence of evidence positively implicating them as the perpetrators of the crime?

RULING:
A careful review and objective appraisal of the evidence convinces us that the prosecution failed to establish beyond reasonable doubt the real identities of the perpetrators of, much less the participation of herein appellants in, the crime charged.
The lone eyewitness, Juliet Gambalan, was not able to identify the assailants of her husband as base from his testimonies.
A thorough review of the records of this case readily revealed that the identification of herein appellants as the culprits was based chiefly on the extrajudicial statement of accused Amado Ponce pointing to them as his co-perpetrators of the crime.  As earlier stated, the said accused escaped from jail before he could testify in court and he has been at large since then.
The extrajudicial statements of an accused implicating a co-accused may not be utilized against the latter, unless these are repeated in open court. If the accused never had the opportunity to cross-examine his co-accused on the latter’s extrajudicial statements, it is elementary that the same are hearsay as against said accused. That is exactly the situation, and the disadvantaged plight of appellants, in the case at bar.
The res inter alios rule ordains that the rights of a party cannot be prejudiced by an act, declaration, or omission of another.  An extrajudicial confession is binding only upon the confessant and is not admissible against his co-accused.  The reason for the rule is that, on a principle of good faith and mutual convenience, a man’s own acts are binding upon him, and are evidence against him.  So are his conduct and declarations.  Yet it would not only be rightly inconvenient, but also manifestly unjust, that a man should be bound by the acts of mere unauthorized strangers; and if a party ought not to be bound by the acts of strangers, neither ought their acts or conduct be used as evidence against him.
This extrajudicial statement, ironically relied upon as prosecution evidence, was made in violation of the constitutional rights of accused Amado Ponce. Extrajudicial statements made during custodial investigation without the assistance of counsel are inadmissible and cannot be considered in the adjudication of the case. While the right to counsel may be waived, such waiver must be made with the assistance of counsel. These rights, both constitutional and statutory in source and foundation, were never observed.
WHEREFORE, on reasonable doubt, the appealed judgment is REVERSED and accused-appellants Sabas Raquel and Valeriano Raquel are hereby ACQUITTED of the offense charged, with costs de oficio.

(8)People of the Philippines VS. Solito Tena
G.R. No.100909 (October 21, 1992)

FACTS:
Alfredo Altamarino Sr was found dead in his own residence, bore eight (8) Stab wounds and his personal properties are missing. The Daughter of the victim sought the help of the National Bureau of Investigation (NBI).

The NBI conducted their investigation. Mauban Police Station Commander informed the NBI that suspicion as to the authorship of the crime had shifted to a syndicate. This syndicate was reportedly involved in the robbery at nearby Municipalities and a member thereof was in detention named Adelberto Camota. The NBI agents interrogated Camota. 

Sensing that Camota knew of the incident, the NBI agents conducted polygraph examination on Camota, allegedly with his consent. Alberto Camota executed an extrajudicial confession in the presence of a lawyer, admitting participation in the robbery-killing of Alfredo Almarino and pointing to Solito Tena and three others as his companions in the crime. Solito Tena pleaded not guilty.

Solito Tena with other accused was found guilty beyond reasonable doubt of the complex crime of Robbery with Homicide and was sentenced to a prison term of 20 years of Reclusion Perpetua.

Only Solito Tena appealed.

ISSUE:
Whether the extrajudicial confession of Camota is binding against other co-accused?

RULING:
The judgment of conviction was based chiefly on the extrajudicial confession of accused Adelberto Camota which repudiated by Camota in open court. Used of Camota’s extrajudicial confession is precluded by section28, of Rule 130 of the Rules of Court, viz:

Section 28. Admission by third Party.—the rights of a party cannot be prejudiced by the act, declaration, or omission of another, except as hereinafter provided.

This rule admits of certain exceptions, to be sure, one of which is found in section 30 of rule 130 of the Rules of Court, which states:

            Section 30. Admission by conspirator.—The act or declaration of a conspirator relating to the conspiracy and during its existence, may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act or declaration.

This exception does not however apply. In order that the admission of a conspirator may be received against his co-conspirator, it is necessary that (a) the conspiracy be first proved by evidence other than the admission itself; (b) the admission relates to the common object; (c) it has been made while the declarant was engaged in carrying out the conspiracy.

Several factors bar the application of said Section 30 to the case at bar. More importantly, camota , instead of conforming  his extrajudicial confession in court, repudiated the same, denied knowledge of the crime charged and denied knowing accused-appellant Tena.

The extrajudicial confession of Camota thus being inadmissible against his co-accused and being no evidence independently of said confession,linking accused appellant Tena to the crime, this Court declares Tena not guilty of the complex crime of Robbery with homicide with which he is charged.

(9)PRIME WHITE CEMENT VS IAC
G.R. No. L-68555 (March 19, 1993)

FACTS:
Zosimo Falcon and Justo Trazo entered into an agreement with Alejandro Te whereby it was agreed that, Te shall be the sole dealer of 20,000 bags Prime White cement in Mindanao. Falcon was the president of Prime White Cement Corporation (PWCC) and Trazo was a board member thereof. Te was likewise a board member of PWCC. It was agreed that the selling price for a bag of cement shall be P9.70.
Before the bags of cement can be delivered, Te already made known to the public that he is the sole dealer of cements in Mindanao. Various hardware’s then approached him to be his sub-dealers, hence, Te entered into various contracts with them.
But then apparently, Falcon and Trazo were not authorized by the Board of PWCC to enter into such contract. Nevertheless, the Board wished to retain the contract but they wanted some amendment which includes the increase of the selling price per bag to P13.30 and the decrease of the total amount of cement bags from 20k to 8k only plus the contract shall only be effective for a period of three months and not 6 years.
Te refused the counter-offer. PWCC then awarded the contract to someone else.
Te then sued PWCC for damages. PWCC filed a counterclaim and in said counterclaim, it is claiming for moral damages the basis of which is the claim that Te’s filing of a civil case against PWCC destroyed the company’s goodwill. The lower court ruled in favor Te.
ISSUE: Whether or not the "dealership agreement" referred by the President and Chairman of the Board of petitioner corporation is a valid and enforceable contract?
HELD:
No. Te is what can be called as a self-dealing director – he deals business with the same corporation in which he is a director. There is nothing wrong per se with that. However, Sec. 32 provides that:
SEC. 32.     Dealings of directors, trustees or officers with the corporation. —- A contract of the corporation with one or more of its directors or trustees or officers is voidable, at the option of such corporation, unless all the following conditions are present:
1.  That the presence of such director or trustee in the board meeting in which the contract was approved was not necessary to constitute a quorum for such meeting;
2.  That the vote of such director or trustee was not necessary for the approval of the contract;
3.  That the contract is fair and reasonable under the circumstances; and
4.  That in the case of an officer, the contract with the officer has been previously authorized by the Board of Directors.

In this particular case, the Supreme Court focused on the fact that the contract between PWCC and Te through Falcon and Trazo was not reasonable. Hence, PWCC has all the rights to void the contract and look for someone else, which it did. The contract is unreasonable because of the very low selling price. The Price at that time was at least P13.00 per bag and the original contract only stipulates P9.70. Also, the original contract was for 6 years and there’s no clause in the contract which protects PWCC from inflation. As a director, Te in this transaction should protect the corporation’s interest more than his personal interest. His failure to do so is disloyalty to the corporation.


(10)Soriano v. Compania General de Tabacos de Filipinas
G.R. No. L-17392 (18 SCRA 999)

FACTS:
Defendant was the creditor of the plaintiff appellant; they executed a deed of mortgage in favor of defendant, entitled "Credito Sobre Azucar Renovacion De hipoteca Con Garnatia Adicional" granting the defendant authority to export or sell the sugar of the plaintiff delivered to it by the latter and mortgaging to the defendant the properties specified and described therein, that to guarantee the payment of this crop loans plus the interest that would be due thereon as well as the payment of the outstanding balance under the previous crop loans, plaintiff mortgaged in favor of defendant the same sugar plantations formerly mortgaged under the previous deed; that as additional security therefore, plaintiff likewise mortgaged the sugar cane crops that would be planted and harvested during the 1941-42 crop year, the proceeds of which sale to be credited to plaintiff's account.
Plaintiff was informed by the defendant that said sugar was destroyed during the war.
Plaintiff investigated as to what really happened to the export sugar he delivered to defendant and discovered that, instead of having been burned and destroyed during the last war as falsely represented by the defendant to plaintiff, had actually been shipped to and sold by the defendant in the United States on different dates in 1941, months before the outbreak of the war; that the proceeds of such sale were kept and retained by defendant for its own use without crediting the same for the account of plaintiff.
Defendant alleged that the totality of the export sugar produced by plaintiff and delivered to it for the 1940-41 crop year; that in accordance with the agreement, plaintiff irrevocably authorized defendant to receive the former's export sugar in the latter's own name and for the latter's sale and disposition under the obligation to sell the same for the account of the plaintiff, whenever ordered to do so; that it was and has been the long established practice known to plaintiff for defendant.
ISSUE:
Whether or not the long established practice is controlling over the written agreement?

RULING:
This contention is untenable. Although defendant presented evidence to show its alleged practice of first securing its client's permission to sell sugar, the evidence is inadmissible. The agreement between the parties had been reduced to writing, and under its terms defendant could sell and was so authorized to sell plaintiff's sugar in any manner it deemed convenient, provided that the proceeds thereof be credited to plaintiff's account. Defendant now cannot be permitted to adduce evidence to prove its alleged practice, which to all purposes, would alter the terms of the written agreement.
Section 22, Rule 123 of the Rules of Court provides: "When the terms of an agreement have been reduced to writing, it is to be considered as containing all those terms, and therefore, there can be, between the parties and their successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: ...." Whatever therefore is not found in the writing must be understood to have been waived and abandoned.
Inasmuch as the case at bar does not fall under any of the exceptions mentioned in the Rule cited, defendant may not adduce evidence to show a practice other than that permitted by the terms of the agreement.
The lower court therefore correctly ruled against the admissibility of such evidence.

(11)PEOPLE VS. ADOFINA
G.R. No. 109778 (December 8, 1994)

FACTS:
Diomedes Adofina y Alcantara was convicted by the RTC for the crime of MURDER, committed against the deceased Julio San Marcos y Pontipedra. Both parties are security guard of same school.
The court based its judgment of conviction on what it considered as circumstantial evidence, after conceding that there was no eyewitness to the incident.
The Prosecution presents the testimonies of witnesses to string the circumstances.
·         Accused was seen roaming around the compound where the shooting incident happened, before the shooting incident.
·        Accused had threatened the deceased because the latter is testifying on a case against the accused.
·        Accused was subjected to a paraffin test. His both hands were found positive of gun powder.
·        One Alicia Urrera saw Accused run towards the house of Sgt. Raymundo and that he fled afterwards, but the same failed to testify.
While dependant Adofina base his defense on ALIBI. This was supported by the testimony of his Brother.
·        Accused said that when the killing happened, he was already off duty and was sleeping in his house.
·        Accused said that he fired a toy gun three or four times. This toy gun, is filled with powder called "perminante" .
ISSUE:
Whether the testimonial evidence presented by the prosecution is sufficient to overcome the constitutional right of appellant to be presumed innocent?
RULING:
NO. We are convinced that the prosecution has failed to establish his guilt with the moral certitude mandated by reglementary standards derived from a constitutional foundation. We do not believe that the judicial conscience can rest easy upon a conviction anchored upon intrinsically flawed evidence collated through a labored correlation.
Section 5, Rule 133 of the Rules of Court provides that circumstantial evidence is sufficient for conviction if (a) there is more than one circumstance; (b) the facts from which the inferences are derived are proven; and (c) the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.
We are reasonably persuaded that the People's so-called string of circumstances presented in evidence is insufficient to produce that total moral certainty in an unprejudiced mind which can overcome the constitutional presumption of innocence in appellant's favor. Moreover, much of the prosecution's evidence presented in court were either hearsay or based on speculations and were consequently inadmissible in evidence. It is elementary law that a witness can testify only to those facts which he knows of his own knowledge, 28 save in certain instances which, however, do not obtain or are inapplicable in the instant case. Furthermore, the testimonies of some prosecution witnesses, far from bearing down on appellant's putative guilt, even bolster his innocence.
WHEREFORE, on reasonable doubt, the judgment appealed from is REVERSED and SET ASIDE and another one is hereby rendered ACQUITTING accused-appellant.


(12)Bagajo v. Hon. Marave and People
86 SCRA 389 (G.R. No. L-33345)

FACTS:
MARCELA M. BAGAJO (petitioner) was convicted by the Municipal Trial Court for the crime of slight physical injuries committed against her pupil Wilma Alcantara.
There was an accident happen in the petitioner’s classroom which causes one pupil to be hurt and fainted, allegedly cause by the complainant Wilma Alcantara. The petitioner asked Wilma about what happen but the later denied having to do with what had just taken place. Petitioner thereupon became angry and with a piece of bamboo stick whipped Wilma, which causes injuries to the latter.
Petitioner on her defense said that, she was just trying to discipline her pupil and she was not actuated by any criminal intent.
ISSUE:
Whether the evidence rendered constitute criminally liability against the petitioner?

RULING:
NO, petitioner did not incur any criminal liability for her act of whipping her pupil, in the circumstances proven in the record. Independently of any civil or administrative responsibility for such act she might be found to have incurred by the proper authorities, we are persuaded that she did not do what she had done with criminal intent. That she meant to punish Wilma and somehow make her feel such punishment may be true, but we are convinced that the means she actually used was moderate and that she was not motivated by ill-will, hatred or any malevolent intent. The nature of the injuries actually suffered by Wilma, a few linear bruises and the fact that petitioner whipped her only behind the legs and thigh, show, to Our mind, that indeed she intended merely to discipline her. And it cannot be said, that Wilma did not deserve to be discipline. In other words, it was farthest from the thought of petitioner to commit any criminal offense. Actus non facit reum, nisi mens sit rea.
There is no indication beyond reasonable doubt, in the evidence before the trial court, that petitioner was actuated by a criminal design to inflict the injuries suffered by complainant as a result of her being whipped by petitioner. What appears is that petitioner acted as she did in the belief as a teacher exercising authority over her pupil in loco parentis; she was within her rights to punish her moderately for purposes of discipline. Whether or not she exceeded the degree of moderation permitted by the laws and rules governing the performance of her functions is not for us, at this moment and in this case, to determine.





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