Sunday, February 15, 2015

juvy's digest



JOSELITA SALITA vs. HON. DELILAH MAGTOLIS
G.R. No. 106429,  June 13, 1994

FACTS:
Erwin Espinosa and Joselita Salita were married at the Roman Catholic Church in Ermita, Manila. A year later, their union turned sour. They separated in fact. Subsequently, Erwin sued for annulment on the ground of Joselita’s psychological incapacity which incapacity existed at the time of the marriage although the same became manifest only thereafter. Dissatisfied with the allegation in the petition, Joselita moved for a bill of particulars which the trial court granted. Subsequently, in his Bill of Particulars, Edwin specified that  at the time of their marriage, Joselita was psychologically incapacitated to comply with the essential marital obligations of their marriage in that she was unable to understand and accept the demands made by his profession — that of a newly qualified Doctor of Medicine — upon his time and efforts so that she frequently complained of his lack of attention to her even to her mother, whose intervention caused petitioner to lose his job.
Still petitioner was not contented with the Bill of Particulars. She insists that the allegations in the Bill of Particulars constitute a legal conclusion, not an averment of ultimate facts, and fail to point out the specific essential marital obligations she allegedly was not able to perform, and thus render the Bill of Particulars insufficient if not irrelevant to her husband’s cause of action. She rationalizes that her insistence on the specification of her particular conduct or behavior with the corresponding circumstances of time, place and person does not call for information on evidentiary matters because without these details she cannot adequately and intelligently prepare her answer to the petition.
ISSUE:
Whether or not the allegations in the petition for annulment of marriage and the subsequent bill of particulars filed in amplification of the petition is sufficient.
HELD:
Ultimate facts are important and substantial facts which either directly from the basis of the primary right and duty, or which directly make up the wrongful acts or omission of the defendant. It refers to acts which the evidence on trial will prove, and not the evidence which will be required to prove the existence of those facts. The Supreme Court ruled that on the basis of the allegations, it is evident that petitioner can already prepare her responsive pleading or for trial. Private respondent has already alleged that petitioner was unable to understand and accept the demands made by his profession. To demand for more details would indeed be asking for information on evidentiary facts — facts necessary to prove essential or ultimate facts. The additional facts called for by petitioner regarding her particular acts or omissions would be evidentiary, and to obtain evidentiary matters is not the function of a motion for bill of particulars.
WHEREFORE, there being no reversible error, the instant petition is DENIED and the questioned Resolution of respondent Court of Appeals is AFFIRMED.

RAMON L. BLANCO vs. JOSE BERNABE
G.R. No. L-44970,   March 31, 1936


FACTS:
In compliance with Section 76 of Act No. 190 which states the requisites in perfecting an appeal, herein petitioner filed an appeal for civil case No. 105831 of the municipal court of Manila, following all the requisites enumerated in the above-cited section. On October 7, 1935, there was received in the clerk's office of said court the notice of appeal of the defendant, together with a money order for the sum of P16 and a copy of the communication addressed by the attorney for the defendant to the Collector of Internal Revenue. The money order referred to in the communication was returned to the sender by the Collector of Internal Revenue, the latter alleging that he had no authority, under the law, to be its depositary, whereupon, the defendant caused the same to be attached to the record of the case. As a result thereof, petitioner failed to present to the court from whose judgment he appealed the deposit certificate referred to in the last portion of the above-cited section.

ISSUE:

Whether or not the petitioner has duly complied with the requisites of Section 76 of Act 190.


HELD:

Technicalities, when they are not in aid to justice deserve scant consideration from the court. To interpret the law otherwise is to sacrifice the ends of justice to technicalities. It is true that procedural laws are no other than technicalities in their entirety, but they were adopted not as ends in themselves for the compliance with which courts have been organized and function, but as means conducive to the realization of the administration of the law and of justice. The provision of the Code of Procedure should be liberally construed in order to promote the purpose of the legislator, which is to assist the parties in obtaining speedy justice. It is the general and constant practice of the courts to give every opportunity to the parties to have exceptions and appeals from reviewable rulings and decisions taken before the superior court, unless such action is manifestly contrary to the law.

The only purpose of the law in requiring the presentation of the certificate in question is to evidence duly that the deposit required by law has been made. If the deposit has in fact been effected in the form and time prescribed, the fact that the corresponding receipt thereof has not been issued, or has been destroyed or mislaid, or the failure to present the same in due time, should not affect the remedy. It appears that the non-presentation of this certificate was not due to petitioner's failure or omission but to the refusal of the Collector of Internal Revenue to receive the deposit tendered by said petitioner. Wherefore, the remedy prayed for is granted, with the costs of the present proceeding to be assessed against the respondent, "The Lawyers Cooperative Publishing Co."




PRIMO T. TANALA, vs. NATIONAL LABOR RELATIONS COMMISSION
G.R. No. 116588,   January 24, 1996

FACTS:

Petitioner was employed as a service driver of respondent company for almost fifteen years without any derogatory record. However, on November 9, 1992, an incident occurred outside company premises after office hours where petitioner had an altercation with his co-employee, Rodolfo Laurente, which could have resulted into a fight were it not for the timely intervention of some bystanders. The security guard on duty reported the incident to respondent company. Based on said report petitioner allegedly took a knife from his bag inside the garage of the company, which was a violation of house rules. Private respondent placed both petitioner and Rodolfo Laurente under preventive suspension for thirty days. By reason of his suspension, petitioner filed a complaint  with the labor arbiter for illegal suspension, non-payment of allowances, separation pay and retirement benefits and was later on amended and consolidated in a complaint for illegal dismissal when petitioner was not readmitted to work after the lapse of the period of preventive suspension. Two of his witnesses executed their affidavits stating the course of the incident. In their said affidavits, affiants merely attested to the fact that they did not notice petitioner carrying any knife or deadly weapon, whereas in the written report of the security guard it was specifically affirmed in a detailed and straightforward manner that petitioner brought out a knife from his bag inside the company’s garage.

ISSUE:

Whether or not public respondent acted with grave abuse of discretion tantamount to excess or lack of jurisdiction and without regard to the facts on record, the law, as well as established jurisprudence.

HELD:

Positive testimony is entitled to greater weight. Testimony is positive when the witness affirms that a fact did or did not occur, and negative when he says that he did not see or know of the factual occurrence. In the instant case, the findings of the labor arbiter and the NLRC are contrary to each other. Hence there is a necessity to review the records to determine which of them should be preferred as more conformable to the evidentiary facts. A review of the decision rendered by the NLRC discloses that in upholding the legality of the dismissal of herein petitioner, the commission relied on the fact that on the day of the incident herein petitioner took a knife from his bag inside the garage of respondent company in violation of its Company House Rules and Regulations.  The Supreme Court agree with the finding of the NLRC which was based on the report made by the security guard on duty who has not been shown to be harboring any ill feeling against petitioner.




CLEMENTE CALDE vs. THE COURT OF APPEALS
G.R. No. 93980 June 27, 1994

FACTS:
Calibia Lingdan Bulanglang, the decedent, left behind nine thousand pesos (P9,000.00) worth of property. She also left a Last Will and Testament, and a Codicil and named Nicasio Calde the executor or the Will and Codicil. Both documents contained the thumbmarks of decedent. They were also signed by three (3) attesting witnesses each, and acknowledged before Tomas A. Tolete, then the Municipal Judge and Notary Public Ex-Officio of Bauko, Mt. Province. The named executor filed a Petition for its allowance. Unfortunately, he died during the pendency of the proceedings, and was duly substituted by petitioner. Private respondents, relatives of decedent, opposed the Petition filed by Calde, questioning the legality and validity of the said documents under Art. 805 of the Civil Code.
Two (2) of the six (6) witnesses testified that only one ballpen was used in signing the two testamentary documents and were subscribed and attested by the instrumental witnesses during a single occasion. However, on the face of the document, the signatures of some of the attesting witnesses in the decedent’s will and its codicil were written in blue ink while the others were in black. In addition, Judge Tomas A. Tolete testified in narration as to how the documents in question were subscribed and attested, starting from decedent’s thumbmarking thereof, to the alleged signing of the instrumental witnesses thereto in consecutive order.

ISSUE:
Whether or not, based on the evidence submitted, respondent appellate court erred in concluding that both decedent’s Last Will and Testament, and its Codicil were subscribed by the instrumental witnesses on separate occasions.

HELD:
Evidence may generally be classified into three (3) kinds, from which a court or tribunal may properly acquire knowledge for making its decision, namely: real evidence or autoptic preference, testimonial evidence and circumstantial evidence.
In the case at bench, the autoptic proference contradicts the testimonial evidence produced by petitioner. Thus, it was not erroneous nor baseless for respondent court to disbelieve petitioner’s claim that both testamentary documents in question were subscribed to in accordance with the provisions of Art. 805 of the Civil Code. Neither did respondent court err when it did not accord great weight to the testimony of Judge Tomas A. Tolete since nowhere in Judge Tolete’s testimony is there any kind of explanation for the different-colored signatures on the testaments. The petition for review is denied. The Supreme Court affirmed in toto the Decicion of the Court of Appeals.


PEOPLE OF THE PHILIPPINES vs. RENE MAMALIAS Y FIEL
G.R. No. 128073. March 27, 2000



FACTS:
Accused Rene Mamalias y Feil was convicted of murder and frustrated murder, for the death of Francisco de Vera y Del Valle, and the gunshot wound inflicted on Alexander Bunag. He seeks his acquittal on the ground that the trial court convicted him purely on the basis of hearsay evidence but he escaped pending decision of his appeal.
The prosecution presented only two (2) witnesses, namely police investigator SPO3 Manuel Liberato of the Western Police District Command, who took the Affidavit of Epifanio Raymundo, the alleged eyewitness of the shooting incident and Dr. Remigio Rivera, a resident physician at Mary Johnston Hospital in Tondo, Manila, who testified that he treated the gunshot wounds of Alexander Bunag.
The prosecution tried to present Alexander Bunag, the heirs of Francisco De Vera and Epifanio Raymundo as additional witnesses but the authorities could not locate them. For lack of other material witnesses, the prosecution rested its case.

ISSUE:

Whether or not  the guilt of the accused-appellant was established beyond reasonable doubt.


HELD:


To overcome the presumption of innocence, proof beyond reasonable doubt of every fact essential to constitute the offense with which the accused is charged must be clearly established by the prosecution. The Constitution mandates that in all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. This presumption of innocence is anchored on the basic principles of justice. It cannot be overcome by suspicion or conjecture, a probability that the accused committed the crime or that he had the opportunity to do so. 
In the case at bar, the trial court merely relied on hearsay evidence, particularly on the testimony of SPO3 Liberato and the sworn statement of Epifanio Raymundo who did not testify in the trial court. The records clearly show that prosecution witness SPO3 Liberato has no personal knowledge of the facts surrounding the shooting incident. The Progress Report and the Booking and Arrest Report he prepared were based on information related to him by Epifanio Raymundo almost five (5) months after the crimes were committed. Clearly, his knowledge of the circumstances surrounding the shooting incident was limited to the matters relayed to him by his co-policemen and the alleged eyewitness, hence, hearsay. Wherefore the accused is acquitted for the crimes charged due to reasonable doubt.


DOMINADOR B. BUSTOS vs. ANTONIO G. LUCERO
G.R. No. L-2068,   October 20, 1948

FACTS:
The petitioner herein, an accused in a criminal case, filed a motion with the Court of First Instance of Pampanga after he had been bound over to that court for trial, praying that the record of the case be remanded to the justice of the peace court of Masantol, the court of origin, in order that the petitioner might cross-examine the complainant and her witnesses in connection with their testimony, on the strength of which warrant was issued for the arrest of the accused. The accused, assisted by counsel, appeared at the preliminary investigation. In that investigation, the justice of the peace informed him of the charges and asked him if he pleaded guilty or not guilty, upon which he entered the plea of not guilty. Then his counsel moved that the complainant present her evidence so that she and her witnesses could be examined and cross-examined in the manner and form provided by law. The fiscal and the private prosecutor objected, invoking section 11 of rule 108, and the objection was sustained. In view thereof, the accused's counsel announced his intention to renounce his right to present evidence, and the justice of the peace forwarded the case to the court of first instance.
ISSUE:
Whether or not the Justice of the Peace court of Masantol committed grave abuse of discretion in refusing to grant the accused's motion to return the record.

HELD:
Evidence is the mode and manner of proving competent facts and circumstances on which a party relies to establish the fact in dispute in judicial proceedings. It is fundamentally a procedural law. The Supreme Court that section 11 of Rule 108 does not curtail the sound discretion of the justice of the peace on the matter. Said section defines the bounds of the defendant's right in the preliminary investigation, there is nothing in it or any other law restricting the authority, inherent in a court of justice, to pursue a course of action reasonably calculated to bring out the truth.
The foregoing decision was rendered by a divided court. The minority went farther than the majority and denied even any discretion on the part of the justice of the peace or judge holding the preliminary investigation to compel the complainant and his witnesses to testify anew.
Upon the foregoing considerations, the present petition is dismissed with costs against the petitioner.







FRANCISCO S. TANTUICO, JR vs. REPUBLIC OF THE PHILIPPINES
G.R. No. 89114,  December 2, 1991


FACTS:
Petitioner Francisco S. Tantuico, Jr. was included as defendant in civil case entitled "Republic of the Philippines vs. Benjamin Romualdez, et al." for reconveyance, reversion, accounting, restitution and damages on the theory that: (1) he acted in unlawful concert with the principal defendants in the misappropriation and theft of public funds, plunder of the nation's wealth, extortion, blackmail, bribery, embezzlement and other acts of corruption, betrayal of public trust and brazen abuse of power;  (2) he acted as dummy, nominee or agent, by allowing himself to be incorporator, director, board member and/or stockholder of corporations beneficially held and/or controlled by the principal defendants;  (3) he acted singly or collectively, and/or in unlawful concert with one another, in flagrant breach of public trust and of their fiduciary obligations as public officers, with gross and scandalous abuse of right and power and in brazen violation of the Constitution and laws of the Philippines, embarked upon a systematic plan to accumulate ill-gotten wealth ;  (4) he (petitioner) taking undue advantage of his position as Chairman of the Commission on Audit and with grave failure to perform his constitutional duties as such Chairman, acting in concert with defendants Ferdinand E. Marcos and Imelda R. Marcos, facilitated and made possible the withdrawals, disbursements and questionable use of government funds;  and (5) he acted as dummy, nominee and/or agent by allowing himself to be used as instrument in accumulating ill-gotten wealth through government concessions, orders and/or policies prejudicial to plaintiff, or to be incorporator, director, or member of corporations beneficially held and/or controlled by defendants Ferdinand E. Marcos, Imelda R. Marcos, Benjamin Romualdez and Juliette Gomez Romualdez in order to conceal and prevent recovery of assets illegally obtained. 
On 11 April 1988, after his motion for production and inspection of documents  was denied by respondent court in its resolution dated 9 March 1988, petitioner filed a Motion for a Bill of Particulars,  alleging inter alia that he is sued for acts allegedly committed by him as (a) a public officer-Chairman of the Commission on Audit, (b) as a private individual, and (c) in both capacities, in a complaint couched in too general terms and shorn of particulars that would inform him of the factual and legal basis thereof, and that to enable him to understand and know with certainty the particular acts allegedly committed by him and which he is now charged with culpability, it is necessary that plaintiff furnish him the particulars sought therein.
In his petition for certiorari, mandamus and prohibition with a prayer for the issuance of a writ of preliminary injunction and/or restraining order, the petitioner seeks to annul and set aside the resolution of the Sandiganbayan, dated 21 April 1989, denying his motion for a bill of particulars as well as its resolution, dated 29 May 1989, which denied his motion for reconsideration; to compel the respondent PCGG to prepare and file a bill of particulars, or that said respondent be ordered to exclude petitioner as defendant in Civil Case No. 0035 should they fail to submit the said bill of particulars; and to enjoin the respondent Sandiganbayan from further proceeding against petitioner until the bill of particulars is submitted, claiming that the respondent Sandiganbayan acted with grave abuse of discretion amounting to lack of jurisdiction in promulgating the aforesaid resolutions and that there is no appeal, nor any plain, speedy and adequate remedy for him in the ordinary course of law other than the present petition.

ISSUE:

 Whether or not the respondent Sandiganbayan acted with grave abuse of discretion in issuing the disputed resolutions.


HELD:

Ultimate facts are conclusions drawn from intermediate and evidentiary facts, or allegations of mixed law and fact; they are conclusions from reflection and natural reasoning on evidentiary fact. The ultimate facts which are to be pleaded are the issuable, constitutive, or traversible facts essential to the statement of the cause of action; the facts which the evidence on the trial will prove, and not the evidence which will be required to prove the existence of those facts.
The complaint does not contain any allegation as to how petitioner became, or why he is perceived to be, a dummy, nominee or agent. There is no averment in the complaint how petitioner allowed himself to be used as instrument in the accumulation of ill-gotten wealth, what the concessions, orders and/or policies prejudicial to plaintiff are, why they are prejudicial, and what petitioner had to do with the granting, issuance, and or formulation of such concessions, orders, and/or policies. Moreover, the complaint does not state which corporations petitioner is supposed to be a stockholder, director, member, dummy, nominee and/or agent. More significantly, the petitioner's name does not even appear in annex of the complaint, which is a listing of the alleged "Positions and Participations of Some Defendants". The allegations in the complaint, above-referred to, pertaining to petitioner are, therefore, deficient in that they merely articulate conclusions of law and presumptions unsupported by factual premises. Hence, without the particulars prayed for in petitioner's motion for a bill of particulars, it can be said the petitioner can not intelligently prepare his responsive pleading and for trial.
Furthermore, the particulars prayed for such as names of persons, names of corporations, dates, amounts involved, a specification of property for identification purposes, the particular transactions involving withdrawals and disbursements, and a statement of other material facts as would support the conclusions and inferences in the complaint, are not evidentiary in nature. On the contrary, those particulars are material facts that should be clearly and definitely averred in the complaint in order that the defendant may, in fairness, be informed of the claims made against him to the end that he may be prepared to meet the issues at the trial.
The Supreme Court ruled that respondent Sandiganbayan acted with grave abuse of discretion amounting to lack or excess of jurisdiction in promulgating the questioned resolutions. The petition is granted and the resolutions in question are annulled and set aside. The respondents are ordered to prepare and file a Bill of Particulars containing the facts prayed for by petitioner, or otherwise, respondent Sandiganbayan is ordered to exclude the herein petitioner as defendant in the above-mentioned civil case.













PEOPLE OF THE PHILIPPINES vs. LEODEGARIO RAMOS
G.R. No. 110600,  August 7, 1996

FACTS:
Accused-appellants Leodegario Ramos and Nilo Alfaro together with Willy Anova, who remains at large, were charged with the crime of murder. The accused, with intent to kill, with treachery and taking advantage of superior strength, armed with deadly weapons, conspiring, confederating and helping one another, did then and there willfully, unlawfully, and feloniously attack, assault and hack with said weapons one Bienvenido dela Cruz, thereby inflicting upon the latter fatal wounds which have been the cause of his direct and immediate death. When arraigned, accused-appellants pleaded “Not Guilty”. Trial on the merits was ensued wherein the prosecution and the defense adduced their respective evidence.
The prosecution presented their witnesses, namely: Nelia Denila, the principal witness, gave a vivid and detailed account of how the accused attacked and killed the victim with their bolos and knife; Leonora dela Cruz and Delia Fetalver, the victim’s wife and daughter respectively, who testified seeing all the accused with bladed weapon while looking for the victim; and Dr. Rodolfo Jovellano who testified relative to the examination he conducted on the remains of Bienvenido de la Cruz and his findings were indicated in the Medico-Legal Certificate. The testimony of Denila is consistent with and corroborated by the testimonies of all the other witnesses.
The defense on the other hand presented accused-appellants Leodegario Ramos who testified that he was inside his residence helping his wife cook at the time of the killing as corroborated by his wife Elsita Ramos, and Nilo Alfaro and corroborated by his wife Cristina Alfaro, testified that he was also busy cooking as preparation for the baptismal of his two (2) children the following day; Desabilita Dawis, a local quack doctor who testified that she was inside the house of the principal witness from 5:30-7:00,  treating her as she was suffering from swollen neck, making it impossible for her to have witnessed the crime; and Raymundo Regudo who testified only to the good character of the accused-appellant Leodegario Ramos.

ISSUE:
Whether or not the evidence adduced by the prosecution has established proof beyond reasonable doubt of the crime of murder and aggravating circumstances as to justify the imposition of the severe penalty of reclusion perpetua.

HELD:
Circumstantial evidence is that evidence that which indirectly proves a fact in issue. The fact-finder must draw an inference or reason from the circumstantial evidence while direct evidence is that evidence which proves a fact in issue directly without any reasoning or inference being drawn on the part of the fact-finder.
And in the present case, the consistency of the testimony of the principal witness as corroborated by the testimonies of the two (2) relatives of the victim plus the findings of the medico-legal, all indirectly proved the fact in issue beyond reasonable doubt. Thus, the Supreme Court finds no compelling reason to disturb the trial court’s appreciation of the testimony of the witnesses in this case. The decision of the trial court, as modified by the Court of Appeals is affirmed.  
PEOPLE OF THE PHILIPPINES vs. ABE VALDEZ
G.R. No. 129296,   September 25, 2000

FACTS:
Abe Valdez y Dela Cruz, accused-appellant, is charged for violating Section 9 of the Dangerous Drugs Act of 1972 (R.A. No. 6425), as amended by R.A. No. 7659. The accused was allegedly caught in flagrante delicto and without authority of law, planted, cultivated and cultured seven (7) fully grown marijuana plants known as Indian Hemp from which dangerous drugs maybe manufactured or derived. Appellant was arraigned and with assistance of counsel, pleaded not guilty to the charge. Trial on the merits then ensued.
The prosecution presented its witnesses, namely: SPO3 Marcelo Tipay, SPO2 Noel V. Libunao, SPO2 Pedro S. Morales, SPO1 Romulo G. Tobias and PO2 Alfelmer I. Balut, all member of the police force, who testified how the information was received, the commencement of their operation and its details under the specific instruction of Inspector Parungao. Accordingly, they found appellant alone in his nipa hut. They, then, proceeded to look around the area where appellant had his kaingin and saw seven (7) five-foot high, flowering marijuana plants in two rows, approximately 25 meters away from his nipa hut. PO2 Balut asked appellant who owned the prohibited plants and, according to Balut, the latter admitted that they were his. They uprooted the seven marijuana plants, took photos of appellant standing beside the cannabis plants and arrested him. One of the said plants was sent to the Philippine National Police Crime Laboratory for analysis which produced a positive result. The prosecution also presented a certification from the Department of Environment and Natural Resources that the land cultivated by appellant where the growing marijuana plants were found, was part of the public domain. Appellant was acknowledged in the certification as the occupant of the lot, but no Certificate of Stewardship had yet been issued in his favor.
The defense presented appellant as its sole witness. He testified he was weeding his vegetable farm when he was called by a person whose identity he does not know. He was asked to go with the latter to see something. This unknown person then brought appellant to the place where the marijuana plants were found, approximately 100 meters away from his nipa hut. Five armed policemen were present and they made him stand in front of the hemp plants. He was then asked if he knew anything about the marijuana growing there. When he denied any knowledge thereof, SPO2 Libunao poked a fist at him and told him to admit ownership of the plants. Appellant was so nervous and afraid that he admitted owning the marijuana. The police team then brought him to the police station at Villaverde. At the police headquarters, appellant reiterated that he knew nothing about the marijuana plants seized by the police. Appellant contends that there was unlawful search. First, the records show that the law enforcers had more than ample time to secure a search warrant. Second, that the marijuana plants were found in an unfenced lot does not remove appellant from the mantle of protection against unreasonable searches and seizures. The right against unreasonable searches and seizures is the immunity of one's person, which includes his residence, his papers, and other possessions.

ISSUE:
(1)  Whether or not the search and seizure of the marijuana plants in the present case is lawful and the seized evidence admissible.
(2)  Whether or not the seized plants is admissible in evidence against the accused.

(3)  Whether or not the prosecution has proved appellant's guilt beyond reasonable doubt.

(4)  Whether or not the sentence of death by lethal injection is correct.

HELD:
In the instant case, there was no search warrant issued by a judge after personal determination of the existence of probable cause given the fact that police had ample time to obtain said warrant. The protection against illegal search and seizure is constitutionally mandated and only under specific instances are searches allowed without warrants. The mantle of protection extended by the Bill of Rights covers both innocent and guilty alike against any form of high-handedness of law enforcers, regardless of the praiseworthiness of their intentions.

With respect to the first issue, the confiscated plants were evidently obtained during an illegal search and seizure. As to the second issue, which involves the admissibility of the marijuana plants as evidence for the prosecution, the said plants cannot, as products of an unlawful search and seizure, be used as evidence against appellant. They are fruits of the proverbial poisoned tree. It was, therefore, a reversible error on the part of the court a quo to have admitted and relied upon the seized marijuana plants as evidence to convict appellant.

In the third issue, it is fundamental in criminal prosecutions that before an accused may be convicted of a crime, the prosecution must establish by proof beyond reasonable doubt that a crime was committed and that the accused is the author thereof. The evidence arrayed against the accused, however, must not only stand the test of reason, it must likewise be credible and competent.  Competent evidence is "generally admissible" evidence. Admissible evidence, in turn, is evidence "of such a character that the court or judge is bound to receive it, that is, allow it to be introduced at trial. And as earlier discussed, it was error on the trial court's part to have admitted evidences against the accused and to have relied upon said proofs to convict him for said evidence is doubly tainted.

In the fourth issue, the Constitution decrees that, "In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved." To justify the conviction of the accused, the prosecution must adduce that quantum of evidence sufficient to overcome the constitutional presumption of innocence. The prosecution must stand or fall on its evidence and cannot draw strength from the weakness of the evidence for the accused. Absent the required degree of proof of an accused's guilt, he is entitled to an acquittal.



THE PEOPLE OF THE PHILIPPINES vs. JAIME RAMOS
G.R. No. L-30420 September 22, 1971

FACTS:
Herein accused Jaime Ramos who is charged of the crime of murder, allegedly attack, assault and use personal violence with intent to kill upon one Rogelio Dumasig by then and there stabbing the latter with a sharp pointed instrument on the abdomen, inflicting upon him a mortal wound which was the direct and immediate cause of his death thereafter.
The prosecution, presented Bibiana Baclit as lone witness who testified to have witnessed the stabbing incident and identified the accused as the assailant. She further stated that there were several persons during the incident, one of whom was Lydia Brinzon, the defense’s counter witness.
The defense, on the other hand, presented the accused who claimed he was not at the scene of the crime at that ill-fated time and date but working at a Pet Shop in Pasay City, and disclaimed knowledge of the stabbing incident.
Another witness presented by the defense is Lydia Brinzon who testified to have been a few meters away from the scene of the crime at that ill-fated time and date and have talked to the deceased a few minutes before he was stabbed. She testified in details the events of the incident and said to have had a good look at the assailant’s face and that it’s not the accused. She also denied having seen the prosecution’s witness as one of those present at the scene of the stabbing.

ISSUE:
Whether or not the evidence presented is enough to prove the guilt of the accused beyond reasonable doubt.

HELD:
A distinction must be made between testimony which is negative in form and that which is negative in character; so testimony may be positive in character even though it amounts to a negative statement or tends to show a negative situation, and if a witness who was in a position to observe testifies not merely that he did not see or hear, but that the event did not occur, this is clearly positive testimony.
Considering that Brinzon's presence at the locus criminis was admitted by prosecution's sole witness Baclit; that the latter is without corroborative support and that there is nothing to contradict appellant's own sworn assertion of his whereabouts on the time and date of the crime, the guilt of the accused-appellant is not proven beyond reasonable doubt. The evidence on record is meager, thus he is entitled to an acquittal.


People of the Philippines vs. Rodrigo Calma
G.R. No. 127126,    September 17, 1998


FACTS:
Accused-appellant Rodrigo Calma was charged with two (2) counts of Rape on his two daughters, namely, Annalyn and Roselyn, ages 15 years old and 11 years old respectively, and one (1) count of Acts of Lasciviousness on his youngest daughter, Irene, age 5 years old.
All three witnesses testified on the repeated loathsome acts done by their own father to them in details as examined and cross-examined by both prosecution and defense. The testimony of the three victims, withstood the test of cross-examination. They spontaneously, clearly and credibly spoke of the details of their defilement. Their testimonies were also corroborated by the medico-legal report conducted by Dr. Jesusa Vergara, the medico-legal officer who examined them. The defense did not dispute the time, the place, the manner and the frequency of the sexual abuses. Neither did the defense show that their hymenal lacerations were the results of other causes. 
On defense, the accused-appellant denied his daughters' accusations. He charged that Myrna Ignacio, his common law wife and mother of his children, coached his daughters to lie. He claimed that he had seriously hurt her in the past, twice by electrocution on suspicion of infidelity. Also, seeking to help accused-appellant, his mother, Catalina Calma, and their neighbors, testified that accused-appellant's daughters, especially Annalyn, showed much affection towards their father.

ISSUE:
Whether or not the trial court erred in convicting the accused of the crimes charged despite failure of the prosecution to prove his guilt beyond reasonable doubt.

HELD:
 A reasonable doubt is not such doubt as any man may start by questioning for the sake of a doubt; nor a doubt suggested or surmised without foundation in facts or testimony, for it is possible always to question any conclusion derived from testimony, but such questioning is not what reasonable doubt is. Rather, it is that state of the case which, after the entire comparison and consideration of all the evidence leaves the mind of the judge in that condition that he cannot say that he feels an abiding conviction to a moral certainly of the truth of the charge. Absolute certainty is not demanded by the law to convict of any criminal charge but moral certainty is required, and this certainty must attend every proposition of proof requisite to constitute the offense. Absolute, mathematical, or metaphysical certainty is not essential, and besides, in judicial investigation, it is wholly unattainable. Moral certainty is all that can be required. The arguments of accused-appellant are premised on the misconception that reasonable doubt is anything and everything that removes a statement from the matrix of certitude. It bears repeating that even inconsistencies and discrepancies in the prosecution evidence, unless treating of the elements of the crime, would not necessarily bring about a judgment of acquittal. In this case, there is not even any inconsistency or discrepancy to speak of. All things considered, the evidence against the accused-appellant established his guilt beyond reasonable doubt on all three (3) charges. The appeal is denied. Death penalty is accordingly imposed.

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