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9/4/2019 G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v.

NES v. JOSELITO ESCARDA : OCTOBER 2001 - PHILIPPINE SUPREM…

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SECOND DIVISION

[G.R. No. 120548. October 26, 2001.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSELITO ESCARDA, JOSE VILLACASTIN


JR., HERNANI ALEGRE, and RODOLFO CAÑEDO, Accused, JOSE VILLACASTIN, JR., Accused-
Appellant.

DECISION

QUISUMBING, J.:

On appeal is the decision dated September 21, 1994, of the Regional Trial Court of Cadiz City, Branch 60,
in Criminal Case No. 586-S, finding accused Joselito Escarda and Jose Villacastin Jr., guilty beyond
reasonable doubt of violation of the Anti-Cattle Rustling Law. In its decision, the trial court decreed: chanrob1es virtual 1aw library

WHEREFORE, in view of the foregoing circumstances, this Court finds both accused JOSELITO ESCARDA
and JOSE VILLACASTIN, JR., guilty beyond reasonable doubt of the crime of "Viol. of P.D. 533" (Anti-
Cattle Rustling Law), and there being the presence of three generic aggravating circumstances of
[r]ecidivism, nighttime and unlawful entry, with no mitigating circumstances to offset the same, as such,
the accused are each sentenced to suffer, considering the Indeterminate Sentence Law, the
imprisonment of EIGHTEEN (18) YEARS, EIGHT (8) MONTHS and ONE (I) DAY as the minimum to
RECLUSION PERPETUA as the maximum, together with all the accessory penalties imposed by law and to
indemnify the offended party, Joel Barrieses, in the amount of P5,000.00 without subsidiary
imprisonment in case of insolvency. chanrob1es virtua1 1aw 1ibrary

DebtKollect Company, Inc. The accused being detained, are hereby entitled to the full credit of their preventive imprisonment as
provided for under R.A. 6127.

Costs against both accused.

SO ORDERED. 1

In an information dated April 18, 1988, Provincial Fiscal Othello Villanueva charged accused with violation
of Presidential Decree No. 533, otherwise known as Anti-Cattle Rustling Law of 1974, as follows: chanrob1es virtual 1aw library

The undersigned Provincial Fiscal accuses JOSELITO ESCARDA, JOSE VILLACASTIN, JR., HERNANI
ALEGRE (at-large) and RODOLFO CAÑEDO (at-large) of the crime of Violation of Presidential Decree No.
533, (Anti-Cattle Rustling Law of 1974), committed as follows: chanrob1es virtual 1aw library

That on or about the 29th day of July, 1987, in the Municipality of Sagay, Province of Negros Occidental,
Philippines, and within the jurisdiction of this Honorable Court, the first two (2) above-named accused, in
company of their two (2) other co-accused, namely: Hernani Alegre and Rodolfo Cañedo, who are both
still-at-large, conspiring, confederating and mutually help[ing] one another, with intent of gain, did then
and there, wilfully, unlawfully and feloniously take, steal and carry away two (2) female carabaos, valued
in the total amount of FIVE THOUSAND PESOS (P5,000.00), Philippine Currency, belonging to JOEL
BARIESES, without the consent of the latter, to the damage and prejudice of the said owner in the
aforestated amount. chanrob1es virtua1 law library

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9/4/2019 G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA : OCTOBER 2001 - PHILIPPINE SUPREM…
ChanRobles Intellectual Property
CONTRARY TO LAW. 2
Division
Upon arraignment, Accused Escarda and Villacastin, assisted by counsel, entered a plea of not guilty.
Thereafter, trial on the merits ensued.

The facts as presented by the prosecution and summarized by the trial court are as follows: chanrob1es virtual 1aw library

[Dionesio Himaya] testified that on July 29, 1987 at about 2:00 o’clock in the morning in [Hacienda]
Ricky, Jose Villacastin, Jr. and his group passed by his house. [He] was still awake at that time because
he was watching over his cornfield and while doing so, he saw the two accused remove the cyclone wire
which was used as the corral for the two (2) carabaos of Rosalina Plaza. He was able to see Jose
Villacastin, Jr. cut the cyclone wire because he was just four (4) arms length away from them and after
Jose Villacastin cut the wire, they swept it aside and untied the two (2) carabaos. After untying the
carabaos, they rode on it and proceeded to the canefields. [He] saw two (2) persons riding on the
carabao whom he identified as Jose Villacastin, Jr. together with Joselito Escarda. He awakened Rosalina
Plaza who thereafter went to Joel Barrieses, owner of the carabaos, to inform the latter that his carabaos
were stolen.

[Rosalina Plaza] testified that on July 29, 1987 at about 2:00 o’clock in the morning, in the residence of
Joel Barrieses, Dionesio Himaya called her and informed her that the carabaos were stolen and when
asked who stole the carabaos, Dionesio Himaya only mentioned Jose Villacastin, Jr. Before the incident of
July 29, 1987, she already knew the person of Jose Villacastin, Jr., because the latter always passed by
their house. After she was informed of the stealing of the carabaos, she went to the corral to check
whether the carabaos were there but discovered that the beasts were no longer there and the cyclone
wire was destroyed. She informed Joel Barrieses, that Jose Villacastin, Jr., stole the carabaos and she
went to the 334th PC Company and reported the incident. 3

In their defense, Escarda and Villacastin denied the charges. Escarda claimed that he was sleeping in the
house of Gilda Labrador during the incident while Villacastin declared that he too was sleeping in his
house at that time. 4 The defense version of the incident was summarized by the trial court as follows: chanrob1es virtual 1aw

library

. . . Joselito Escarda testified that he did not know his co-accused in this case, specifically, Jose
Villacastin, Hernani Alegre and Rodolfo Cahedo. Neither did he know of somebody by the name of
Dionesio Himaya although he knew somebody by the name of Gilda Labrador. In the early morning of
July 29, 1987, he was working as cane cutter and hauler in the hacienda of Javelosa located in Barrio
Malubon, Sagay, Negros Occidental which is fifteen (15) kilometers away from the house of his mother
where he was residing. On July 29, 1987, he started working at 8:00 o’clock in the morning and ended at
11:00. After he finished working in the field, he went to the house of his mother where he ate lunch and
October-2001 Jurisprudence rested until 3:00 o’clock in the afternoon. In the evening of July 29, 1987, he slept at the house of Gilda
Labrador starting at 7:00 o’clock in the evening and woke up at 6:00 o’clock in the morning of July 30,
G.R. No. 137841 October 1, 2001 - PEOPLE OF THE 1987. Sometime on August 29, 1987, he left alone for the dance hall located at Hda. Ricky to attend a
PHIL. v. ALBERTO CHUA dance held there because there was a fiesta at that time. While he was at the dance hall, he was arrested
by the PC elements and brought to the 334th PC Company where he was maltreated. He was asked
G.R. No. 117512 October 2, 2001 - REBECCA ALA- whether or not he stole the carabaos at Hda. Ricky but he denied the commission of the crime and again,
MARTIN v. HON. JUSTO M. SULTAN he was maltreated. He suffered injuries when they maltreated him so he made a confession before them
but did not sign the same. His injuries were not treated by a physician because the PC would not let him
G.R. No. 120098 October 2, 2001 - RUBY L. TSAI v. go out of the jail, so, his injuries healed while he was in jail. He did not know the names of the PC who
HON. COURT OF APPEALS EVER TEXTILE MILLS maltreated him and forced him to admit the loss of the carabaos at Hda. Ricky because the maltreatment
happened in the evening. Furthermore, he did not know the complainant in this case, i.e. Joel Barrieses.
G.R. No. 124037 October 2, 2001 - PEOPLE OF THE
chanrob1es

PHILIPPINES v. REYNALDO DE GUZMAN virtua1 1aw 1ibrary

G.R. No. 126592 October 2, 2001 - ROMEO G. x x x


DAVID v. JUDGE TIRSO D.C. VELASCO, ET AL.

G.R. No. 129900 October 2, 2001 - JANE CARAS y [Jose Villacastin, Jr. testified] that on or before July 29, 1987, he did not know the accused Joselito
SOLITARIO v. HON. COURT OF APPEALS and PEOPLE Escarda, Hernani Alegre and Rodolfo Cañedo because in the early morning of July 29, 1987, at more or
OF THE PHILIPPINES less 2:00 o’clock to 3:00 o’clock, he had not gone with Joselito Escarda, Hernani Alegre and Rodolfo
Cañedo because he was sleeping in his house which is located in Sitio Candiis. He started sleeping at
G.R. No. 133000 October 2, 2001 - PATRICIA 8:00 o’clock in the evening of July 28, 1987 and woke up the next day, July 29, 1987 at 7:00 in the
NATCHER petitioner v. HON. COURT OF APPEALS AND morning. On August 29, 1987 at 10:00 o’clock in the evening, he was attending a dance at Hda. Ricky
THE HEIRS OF GRACIANO DEL ROSARIO-LETICIA DEL
and while watching the dance, he was arrested and brought to the 334th PC Headquarters in Tan-ao,
ROSARIO
Sagay, Negros Occidental. When they arrived at the PC Headquarters, they were investigated about the
G.R. No. 133895 October 2, 2001 - ZENAIDA M. stealing of the carabaos and the PC elements wanted them to admit it. He denied what they were
SANTOS v. CALIXTO SANTOS, ET AL. accusing him of because he has not committed the crime. He does not know of anybody by the name of
Joel Barrieses. When he denied the commission of the crime, he was maltreated and was forced to admit
G.R. Nos. 135522-23 October 2, 2001 - PEOPLE OF it and to make a confession. They were detained for about a month at the 334th PC Headquarters and
THE PHIL. v. AMORSOLO G. TORRES they were transferred to the Municipal Jail of Sagay, Negros Occidental and there was no lawyer present
during his refusal to admit the stealing of the carabaos. 5
G.R. No. 137777 October 2, 2001 - THE
PRESIDENTIAL AD-HOC FACT FINDING COMMITTEE, The trial court found the testimonies of the prosecution witnesses credible, while it disbelieved the
ET AL. v. THE HON. OMBUDSMAN ANIANO DESIERTO, defense of denial and alibi of accused Escarda and Villacastin. They were found guilty as charged.
ET AL. However, the charge against accused Rodolfo Cañedo was dismissed for insufficiency of evidence. Earlier,
the charge against co-accused Hernani Alegre was dismissed on motion by the prosecution, for lack of
G.R. No. 138322 October 2, 2001 - GRACE J.
GARCIA v. REDERICK A. RECIO evidence.

G.R. No. 138929 October 2, 2001 - PEOPLE OF THE Insisting on their innocence, Escarda and Villacastin filed their notice of appeal. In their assignment of
PHIL. v. FLORENTINO DEL MUNDO error, they alleged that the trial court erred in convicting them of the crime charged. 6

G.R. No. 139050 October 2, 2001 - REPUBLIC OF On November 27, 1995, we required the trial court to order the commitment of Escarda and Villacastin to
THE PHILIPPINES v. THE COURT OF TAX APPEALS and the Bureau of Corrections or the nearest national penal institution. However, Executive Judge Renato
AGFHA Munez requested that their commitment to the Bureau of Corrections be deferred until the termination of
the other criminal case 7 against them pending before the said trial court. Further, Captain Eduardo
G.R. No. 142877 October 2, 2001 - JINKIE Legaspi, Acting Provincial Warden of Negros Occidental, also requested to hold in abeyance the
CHRISTIE A. DE JESUS and JACQUELINE A. DE JESUS
commitment of Escarda and Villacastin in view of their pending criminal cases before the Regional Trial
v. THE ESTATE OF DECEDENT JUAN GAMBOA DIZON
Court of Cadiz City. 8 Accordingly, we granted the aforesaid request for deferment. 9 On August 12,
G.R. No. 125081 October 3, 2001 - PEOPLE OF THE
1998, they were eventually committed to the New Bilibid Prison, Muntinlupa City. 10
PHILIPPINES v. REMEDIOS PASCUA
On October 12, 1998, Escarda sought the approval of this Court to withdraw his appeal. 11 We required
G.R. No. 128195 October 3, 2001 - ELIZABETH LEE the Director of the New Bilibid Prison to confirm the voluntariness of said withdrawal. 12 In his
and PACITA YULEE v. REPUBLIC OF THE PHILIPPINES certification dated July 15, 1999, Atty. Roberto Sangalang, who personally examined Escarda, attested
that Escarda executed his urgent motion to withdraw appeal on his own free will and fully understood the
G.R. Nos. 128514 & 143856-61 October 3, 2001 - consequences of the same. On August 9, 1 999, we granted Escarda’s motion to withdraw appeal. 13
PEOPLE OF THE PHILIPPINES v. NILO LEONES
Accordingly, we are now concerned only with the appeal of the remaining appellant, Jose Villacastin, Jr.
G.R. Nos. 142602-05 October 3, 2001 - PEOPLE OF In his brief, he assigns only one error:
THE PHILIPPINES v. BONIFACIO ARIOLA
chanrob1es virtual 1aw library

THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED OF THE CRIME CHARGED BEYOND
A.M. No. 01-6-192-MCTC October 5, 2001 - Request
To Designate Another Judge To Try And Decide REASONABLE DOUBT.
Criminal Case No. 3713
Appellant contends that the element of "taking away of carabaos by any means, method or scheme
without the consent of the owner" was not proven by the prosecution. He also alleges that his identity

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9/4/2019 G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA : OCTOBER 2001 - PHILIPPINE SUPREM…
A.M. No. RTJ-01-1610 October 5, 2001 - ATTY. was not established beyond reasonable doubt, thus, he should be acquitted. He adds that the prosecution
EDGAR H. TALINGDAN v. JUDGE HENEDINO P. failed to prove ownership of the stolen carabaos by presenting the certificate of ownership, 14 as
EDUARTE required by the Anti-Cattle Rustling Law. chanrob1es virtua1 1aw 1ibrary

G.R. No. 124498 October 5, 2001 - EDDIE B. Cattle rustling is the taking away by any means, method or scheme, without the consent of the owner or
SABANDAL v. HON. FELIPE S. TONGCO Presiding
raiser of cow, carabao, horse, mule, ass, or other domesticated member of the bovine family, whether or
Judge
not for profit or gain, or whether committed with or without violence against or intimidation of any
G.R. No. 127441 October 5, 2001 - DOROTEO person or force upon things. Cattle rustling includes the killing of large cattle, or taking its meat or hide
TOBES @ DOTING v. COURT OF APPEALS without the consent of the owner or raiser. 15

G.R. No. 130499 October 5, 2001 - PEOPLE OF THE In this case, the overt act which gives rise to the crime of cattle rustling is the taking away of the
PHILIPPINES v. PAMFILO QUIMSON @ "NOEL carabaos by the accused without the consent of the caretaker. Dionisio Himaya testified that he saw
QUIMSON appellant cut the cyclone wire used as corral for the carabaos. Afterwards, appellant untied the two
carabaos. Then, appellant rode on one carabao while co-accused Escarda rode on the other and
G.R. No. 130962 October 5, 2001 - PEOPLE OF THE immediately proceeded to the canefield. 16 The taking was confirmed by Rosalina Plaza, the caretaker of
PHILIPPINES v. JOSE REAPOR y SAN JUAN the carabaos, who declared that after she was informed by Himaya about the incident, she went right
away to the corral and discovered that indeed the two carabaos were missing.
G.R. No. 131040 October 5, 2001 - PEOPLE OF THE
PHIL. v. MICHAEL FRAMIO SABAGALA
Appellant’s assertion that his identity was not positively established deserves no serious consideration.
G.R. No. 132044 October 5, 2001 - PEOPLE OF THE Prosecution witness Dionisio Himaya identified appellant and Escarda as the rustlers. In his testimony,
PHILIPPINES v. ANTONIO @ Tony EVANGELISTA Y Himaya said he was awake at that time as he was watching over his cornfield nearby, and there was
BINAY enough illumination from the moon. 17 He was just four arm’s length away. He saw appellant and
Escarda unleash the two carabaos. He stated that appellant rode on one carabao while Escarda rode on
G.R. No. 132718 October 5, 2001 - PEOPLE OF THE the other, and both immediately went away. He said he easily recognized appellant as he knew him long
PHILIPPINES v. JOSE CASTILLON III and JOHN DOE before the incident. According to the witness, appellant was the nephew of his wife and used to visit
them before. During the trial, the witness positively identified appellant as the same person who stole the
G.R. Nos. 135452-53 October 5, 2001 - PEOPLE OF carabaos. Appellant’s contention concerning lack of proper identification is, in our view, baseless and
THE PHIL. v. IRENEO M. ALCOREZA unmeritorious. chanrob1es virtua1 1aw 1ibrary

G.R. No. 139760 October 5, 2001 - FELIZARDO S.


Similarly, appellant’s assertion, that the prosecution should have first presented the certificate of
OBANDO v. HON. COURT OF APPEALS
ownership of the stolen carabaos to warrant his conviction, is untenable. It is to be noted that the
G.R. No. 144189 October 5, 2001 - R & M GENERAL gravamen in the crime of cattle-rustling is the "taking" or "killing" of large cattle or "taking" its meat or
MERCHANDISE v. COURT OF APPEALS, ET AL. hide without the consent of the owner. The "owner" includes the herdsman, caretaker, employee or
tenant of any firm or entity engaged in the raising of large cattle or other persons in lawful possession of
G.R. No. 121948 October 8, 2001 - PERPETUAL such large cattle. In this case Rosalina Plaza, the caretaker of the carabaos, did not consent to the taking
HELP CREDIT COOPERATIVE v. BENEDICTO away of the carabaos. She immediately informed Joel Barrieses, the owner, that the carabaos were
FABURADA stolen and reported the incident to the police. Note that the ownership was never put in issue during the
trial in the lower court and is now raised belatedly. It is settled that, generally, questions not raised in
G.R. No. 123075 October 8, 2001 - PEOPLE OF THE the trial court will not be considered on appeal. 18
PHIL. v. PEDRO L. NUELAN
Appellant’s alibi must likewise fail. He insists that he was sleeping in his house at the time the crime
G.R. No. 129926 October 8, 2001 - PEOPLE OF THE
occurred. He slept at 8:00 P.M., July 28, 1987 and woke up the next day, July 29, 1987 at 7:00 A.M. As
PHIL. v. NOLE M. ZATE
the trial court noted, it is difficult to believe appellant’s claim that he slept for eleven hours straight just
G.R. No. 137599 October 8, 2001 - PEOPLE OF THE like Escarda. Besides, the rule is settled that alibi cannot prosper unless it is proven that during the
PHILIPPINES v. GILBERT BAULITE and LIBERATO commission of the crime, the accused was in another place and that it was physically impossible for him
BAULITE to be at the place where the crime was committed. 19 In this case, appellant failed to demonstrate
satisfactorily that it was physically impossible for him to be in the crime scene at the time of the incident.
G.R. No. 138941 October 8, 2001 - AMERICAN Admittedly, the scene of the crime was only a fifteen-minute walk from appellant’s house. chanrob1es virtua1 1aw 1ibrary

HOME ASSURANCE COMPANY v. TANTUCO


ENTERPRISES We note that the trial court appreciated the aggravating circumstances of nighttime, unlawful entry and
recidivism, without any mitigating circumstance. The prosecution, however, failed to specify these
G.R. No. 141297 October 8, 2001 - DOMINGO R. circumstances in the charge filed before the trial court, as now required expressly by the Code of
MANALO v. COURT OF APPEALS (Special Twelfth
Criminal Procedure effective December 1, 2000 but applicable retroactively for being procedural and pro
Division) and PAIC SAVINGS AND MORTGAGE BANK
reo. 20
A.M. No. 01-9-246-MCTC October 9, 2001 - OFFICE
OF THE COURT ADMINISTRATOR v. JUDGE ALIPIO M. Moreover, we find that the trial court also erred in appreciating the aggravating circumstance of
ARAGON recidivism. A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the Code. In its decision, the
G.R. No. 138886 October 9, 2001 - PEOPLE OF THE trial court merely mentioned that appellant was convicted for cattle rustling under Criminal Case No. 627-
PHILIPPINES v. SP01 WILFREDO LEAÑO SP01 S on February 8, 1993, at the time when the case at bar was being tried. It did not state that said
FERDINAND MARZAN SPO1 RUBEN B. AGUSTIN SP02 conviction was already final. Even the records did not show that appellant admitted his previous
RODEL T. MADERAL * SP02 ALEXANDER S. MICU and conviction. As we had held before, there can be no recidivism without final judgment. 21 The best
SP04 EMILIO M. RAMIREZ evidence of a prior conviction is a certified copy of the original judgment of conviction, and such evidence
is always admissible and conclusive unless the accused himself denies his identity with the person
G.R. No. 141182 October 9, 2001 - HEIRS OF convicted at the former trial. 22
PEDRO CUETO Represented by ASUNCION CUETO v.
chanrob1es virtua1 1aw 1ibrary

HON. COURT OF APPEALS (SPECIAL FORMER FIRST


DIVISION) and CONSOLACION COMPUESTO P.D. 533 does not supersede the crime of qualified theft of large cattle under Articles 309 23 and 310 24
under the Revised Penal Code. It merely modified the penalties provided for qualified theft of large cattle
A.M. No. 99-12-03-SC October 10, 2001 - RE: under Article 310 by imposing stiffer penalties thereon under special circumstances. 25 Under Section 8
INITIAL REPORTS ON THE GRENADE INCIDENT THAT 26 of P.D. 533, any person convicted of cattle rustling shall, irrespective of the value of the large cattle
OCCURRED AT ABOUT 6:40 A.M. ON DECEMBER 6, involved, be punished by prision mayor in its maximum period to reclusion temporal in its medium period
1999 if the offense is committed without violence against or intimidation of persons or force upon things. If the
offense is committed with violence against or intimidation of persons or force upon things, the penalty of
G.R. No. 129313 October 10, 2001 - SPOUSES MA. reclusion temporal in its maximum period to reclusion perpetua shall be imposed.
CRISTINA D. TIRONA and OSCAR TIRONA v. HON.
FLORO P. ALEJO as Presiding Judge In the instant case, the offense was committed with force upon things as the perpetrators had to cut
through the cyclone wire fence to gain entrance into the corral and take away the two carabaos
G.R. Nos. 135679 & 137375 October 10, 2001 -
therefrom. Accordingly, the penalty to be imposed shall be reclusion temporal in its maximum period to
PEOPLE OF THE PHILIPPINES v. GODOFREDO RUIZ
reclusion perpetua. Applying the Indeterminate Sentence Law, the penalty imposable on appellant is only
G.R. No. 136258 October 10, 2001 - PEOPLE OF THE prision mayor in its maximum period as minimum, to reclusion temporal in its medium period as
PHIL. v. CARLOS FELICIANO maximum. Thus, it is proper to impose on appellant only the indefinite prison term of ten (10) years and
one (1) day of prision mayor as minimum; to fourteen (14) years, ten (10) months and twenty-one (21)
A.M. No. 2001-9-SC October 11, 2001 - DOROTEO days of reclusion temporal as maximum. chanrob1es virtua1 1aw 1ibrary

IGOY v. GILBERT SORIANO


WHEREFORE, the assailed decision dated September 21, 1994, of the Regional Trial Court of Cadiz City,
A.M. No. RTJ-99-1485 October 11, 2001 - TEOFILO Branch 60, in Criminal Case No. 586-S, is AFFIRMED with MODIFICATION. Appellant Jose Villacastin, Jr.,
C. SANTOS v. JUDGE FELICIANO V. BUENAVENTURA is declared guilty of violating the Anti-Cattle Rustling Law (P.D. 533) and sentenced to suffer the
indeterminate penalty of ten (10) years and one (1) day of prision mayor as minimum; to fourteen (14)
G.R. No. 80796 & 132885 October 11, 2001 - years, ten (10) months and twenty-one (21) days of reclusion temporal as maximum; and to indemnify
PROVINCE OF CAMARINES NORTE v. PROVINCE OF
offended party Joel Barrieses the amount of P5,000, and to pay the costs.
QUEZON

G.R. No. 118387 October 11, 2001 - MARCELO LEE SO ORDERED.


v. COURT OF APPEALS and HON. LORENZO B.
VENERACION and HON. JAIME T. HAMOY Bellosillo, Mendoza, Buena and De Leon Jr., JJ., concur.

G.R. Nos. 123913-14 October 11,2001


Endnotes:
PEOPLE OF THE PHIL. v. PABLO CALLOS

G.R. No. 130415 October 11, 2001 - PEOPLE OF THE


PHILIPPINES v. ALVIN YRAT y BUGAHOD and RAUL 1. RTC Records, p. 214.
JIMENA, ET AL.
2. Id., at 1.

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G.R. No. 130562 October 11, 2001 - Brigida
Conculada v. Hon. Court Of Appeals 3. Id., at 206-207.

G.R. No. 112526 October 12, 2001 - STA. ROSA 4. TSN, August 13, 1991, p. 8.
REALTY DEVELOPMENT CORPORATION v. COURT OF
APPEALS
5. Id., at 208-210.
G.R. No. 122710 October 12, 2001 - PHILIPPINE
NATIONAL BANK v. COURT OF APPEALS and 6. Id., at 59.
REMINGTON INDUSTRIAL SALES CORPORATION
7. Criminal Case No. 609-S for Robbery in band; Rollo, p. 38.
G.R. Nos. 134769-71 October 12, 2001 - PEOPLE OF
THE PHIL. v. ROBERTO BATION 8. Criminal Case No. 609-S for Robbery in band; Criminal Case No. 1505-S for Theft of
large cattle; Criminal Case Nos. 566-S and 616-S for Illegal Possession of Firearms. Rollo,
G.R. No. 137843 October 12, 2001 - PEOPLE OF THE p. 41.
PHIL. v. EDUARDO S. AÑONUEVO
9. Rollo, p. 45.
G.R. No. 139904 October 12, 2001 - PEOPLE OF THE
PHIL. v. CONRADO MERCADO
10. Id., at 140.
G.R. No. 136470 October 16, 2001 - VENANCIO R.
NAVA v. COMMISSION ON AUDIT 11. Id., at 123-124.

G.R. No. 140794 October 16, 2001 - PEOPLE OF THE 12. Id., at 148.
PHIL. v. RICARDO T. AGLIDAY
13. Id., at 152-153.
A.M. No. P-00-7-323-RTJ October 17, 2001 - RE:
RELEASE BY JUDGE MANUEL T. MURO, RTC, BRANCH 14. Id. at 64-66.
54 MANILA, OF AN ACCUSED IN A NON-BAILABLE
OFFENSE 15. Section 2, P.D. No. 533 (Anti-Cattle Rustling Law of 1974).
A.M. No. P-00-1419 October 17, 2001 - OFFICE OF
16. TSN, November 8, 1990, pp. 6-17.
THE COURT ADMINISTRATOR v. MAGDALENA G.
MAGNO
17. RTC Records, p. 6.
A.M. No. RTJ-97-1390 & AM RTJ-98-1411 October
17, 2001 - ATTY. CESAR B. MERIS v. JUDGE CARLOS C. 18. People v. Sison, G.R. No. 119307, 312 SCRA 792, 801 (1999).
OFILADA
19. People v. Arillas, G.R. No. 130593, June 19, 2000, p. 7.
G.R. No. 123137 October 17, 2001 - PEOPLE OF THE
PHILIPPINES v. PO2 ALBERT ABRIOL 20. Rule 110, Sec. 8. Designation of the offense. — The complaint or information shall
state the designation of the offense given by the statute, aver the acts or omissions
G.R. No. 124513 October 17, 2001 - ROBERTO constituting the offense, and specify its qualifying and aggravating circumstances. If there
ERQUIAGA v. HON. COURT OF APPEALS is no designation of the offense, reference shall be made to the section or subsection of
the statute punishing it.
G.R. No. 127540 October 17, 2001 - EUGENIO
DOMINGO v. HON. COURT OF APPEALS
21. R. C. Aquino. The Revised Penal Code, vol. 1, 1997 ed., p. 353 citing People v. Lopido,
G.R. No. 127830 October 17, 2001 - MANOLET 65 Phil 189 (1937).
LAVIDES v. ERNESTO B. PRE
22. R. C. Aquino. The Revised Penal Code, vol. 1, 1997 ed., p. 352 citing United Stares v.
G.R. No. 129069 October 17, 2001 - PEOPLE OF THE Ah Tung, 26 Phil 321, 327 (1913).
PHIL. v. JULIO R. RECTO
23. ART. 309. Penalties. — Any person guilty of theft shall be punished by: chanrob1es virtual 1aw library

G.R. No. 129236 October 17, 2001 - PEOPLE OF THE


PHIL. v. RAYMUNDO G. DIZON 1. The penalty of prision mayor in its minimum and medium periods, if the value of the
thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos; but if the value
G.R. No. 129389 October 17, 2001 - PEOPLE OF THE
of the thing stolen exceed the latter amount, the penalty shall be the maximum period of
PHILIPPINES v. TEODORICO UBALDO
the one prescribed in this paragraph, and one year for each additional ten thousand pesos,
G.R. Nos. 132673-75 October 17, 200 but the total of the penalty which may be imposed shall not exceed twenty years. In such
cases, and in connection with the accessory penalties which may be imposed and for the
PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ purpose of the other provisions of this Code, the penalty shall be termed prision mayor or
reclusion temporal, as the case may be.
G.R. No. 136291 October 17, 2001 - LETICIA M.
MAGSINO v. REPUBLIC OF THE PHILIPPINES 2. The penalty of prision correccional in its medium and maximum periods, if the value of
the thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.
G.R. No. 136869 October 17, 2001 - PEOPLE OF THE
PHILIPPINES v. DENNIS MAZO 3. The penalty of prision correccional in its minimum and medium periods, if the value of
the property stolen is more than 200 pesos but does not exceed 6,000 pesos.
G.R. No. 141673 October 17, 2001 - MANUEL L.
QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC
(Third Division), ET AL. 4. Arresto mayor in its medium period to prision correccional in its minimum period, if the
value of the property stolen is over 50 pesos but does not 200 pesos.
G.R. No. 142726 October 17, 2001 - PEOPLE OF THE
PHIL. v. APOLONIO ACOSTA 5. Arresto mayor to its &11 extent, if such value is over 5 pesos but does not exceed 50
pesos.
G.R. No. 143190 October 17, 2001 - ANTONIO P.
BELICENA v. SECRETARY OF FINANCE 6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5
pesos.
G.R. No. 143990 October 17, 2001 - MARIA L.
ANIDO v. FILOMENO NEGADO and THE HONORABLE 7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the
COURT OF APPEALS circumstances enumerated in paragraph 3 of the next preceding article and the value of
the thing stolen does not exceed 5 pesos. If such value exceeds said amount, the
G.R. Nos. 121039-45 October 18, 2001 - THE
PEOPLE OF THE PHILIPPINES v. MAYOR ANTONIO L. provisions of any of the five preceding subdivision shall be made applicable.
SANCHEZ
8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value
G.R. No. 132869 October 18, 2001 - GREGORIO DE of the thing stolen is not over 5 pesos, and the offender shall have acted under the
VERA v. COURT OF APPEALS impulse of hunger, poverty, or the difficulty or earning a livelihood for the support of
himself or his family.
G.R. No. 143486 October 18, 2001 - PEOPLE OF THE
PHILIPPINES v. MARIO DUMAGAY TUADA 24. ART. 310. Qualified theft. — The crime of theft shall be punished by the penalties next
higher by two degrees than those respectively specified in the next preceding article, if
G.R. No. 144735 October 18, 2001 - YU BUN GUAN committed by a domestic servant, or with grave abuse of confidence, or if the property
v. ELVIRA ONG stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the
premises of a plantation, fish taken from a fishpond or fishery, or if property is taken on
G.R. No. 116285 October 19, 2001 - ANTONIO TAN
v. COURT OF APPEALS and the .C.C.P the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance. (As amended by CA No. 417; RA 120; and BP Blg.
G.R. Nos. 121201-02 October 19, 2001 - THE 71, May 1, 1980.)
PEOPLE OF THE PHILIPPINES plaintiff-appellee v. GIO
CONCORCIO @ JUN 25. People v. Martinada, G. R. Nos. 66401-03, 194 SCRA 36, 46-47 (1991); People v.
Macatanda, G.R. No. L-51368, 109 SCRA 35, 40 (1991).
G.R. No. 129995 October 19, 2001 - THE PROVINCE
OF BATAAN v. HON. PEDRO VILLAFUERTE 26. SECTION 8. Penal provisions. — Any person convicted of cattle rustling as herein
defined shall, irrespective of the value of the large cattle involved, be punished by prision
G.R. No. 130730 October 19, 2001 - HERNANDO mayor in its maximum period to reclusion temporal in its medium period if the offense is
GENER v. GREGORIO DE LEON and ZENAIDA committed without violence against or intimidation of persons or force upon things. If the
FAUSTINO
offense is committed with violence against or intimidation of persons or force upon things,
the penalty of reclusion temporal in its maximum period to reclusion perpetua shall be

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G.R. No. 133002 October 19, 2001 - PEOPLE OF THE imposed. If a person is seriously injured or killed as a result or on the occasion of the
PHILIPPINES v. INTOY GALLO @ PALALAM commission of cattle rustling, the penalty of reclusion perpetua to death shall be imposed.
G.R. No. 137904 October 19, 2001 - PURIFICACION When the offender is a government official or employee, he shall, in addition to the
M. VDA. DE URBANO v. GOVERNMENT SERVICE foregoing penalty, be disqualified from voting or being voted upon any election/referendum
INSURANCE SYSTEM (GSIS)
and from holding any public office or employment.
A.M. No. 99-12-497-RTC October 23, 2001 -
REQUEST OF JUDGE FRANCISCO L. CALINGIN When the offender is an alien, he shall be deported immediately upon the completion of
the service of his sentence without further proceedings.
G.R. No. 121267 October 23, 2001 - SMITH KLINE &
FRENCH LABORATORIES v. COURT OF APPEALS, ET
AL.

G.R. No. 124036 October 23, 2001 - FIDELINO


GARCIA v. COURT OF APPEALS, ET AL. Back to Home | Back to Main

G.R. No. 124295 October 23, 2001 - JUDGE RENATO


A. FUENTES v. OFFICE OF THE OMBUDSMAN-
MINDANAO QUICK SEARCH

G.R. No. 125193 October 23, 2001 - MANUEL


BARTOCILLO v. COURT OF APPEALS and the PEOPLE
OF THE PHILIPPINES
1901 1902 1903 1904 1905 1906 1907 1908
G.R. No. 130846 October 23, 2001 - PEOPLE OF THE 1909 1910 1911 1912 1913 1914 1915 1916
PHILIPPINES v. ROGELIO PAMILAR y REVOLIO
1917 1918 1919 1920 1921 1922 1923 1924
G.R. No. 131841 October 23, 2001 - PEOPLE OF THE 1925 1926 1927 1928 1929 1930 1931 1932
PHILIPPINES v. RUBEN VILLARMOSA
1933 1934 1935 1936 1937 1938 1939 1940
G.R. No. 132373 October 23, 2001 - PEOPLE OF THE 1941 1942 1943 1944 1945 1946 1947 1948
PHILIPPINES v. TIRSO ARCAY @ "TISOY" and
TEODORO CLEMEN @ "BOY 1949 1950 1951 1952 1953 1954 1955 1956
1957 1958 1959 1960 1961 1962 1963 1964
G.R. No. 134740 October 23, 2001 - IRENE V. CRUZ
v. COMMISSION ON AUDIT 1965 1966 1967 1968 1969 1970 1971 1972
1973 1974 1975 1976 1977 1978 1979 1980
G.R. No. 135481 October 23, 2001 - LIGAYA S.
SANTOS v. COURT OF APPEALS, ET AL. 1981 1982 1983 1984 1985 1986 1987 1988
1989 1990 1991 1992 1993 1994 1995 1996
G.R. No. 136105 October 23, 2001 - PEOPLE OF THE
PHILIPPINES v. ANTONIO PAREDES y SAUQUILLO 1997 1998 1999 2000 2001 2002 2003 2004
2005 2006 2007 2008 2009 2010 2011 2012
G.R. No. 136337 October 23, 2001 - PEOPLE OF THE
PHILIPPINES v. NELSON CABUNTOG 2013 2014 2015 2016 2017 2018

G.R. No. 139114 October 23, 2001 - PEOPLE OF THE


PHILIPPINES v. ROMAN LACAP Y CAILLES

G.R. No. 139274 October 23, 2001 - QUEZON


PROVINCE v. HON. ABELIO M. MARTE
Main Indices of the Library ---> Go!
G.R. No. 139329 October 23, 2001 - PEOPLE OF THE
PHILIPPINES v. ERLINDO MAKILANG

G.R. Nos. 140934-35 October 23, 2001 - PEOPLE OF


THE PHILIPPINES v. CONDE RAPISORA y ESTRADA

A.M. No. RTJ-01-1634 October 25, 2001 - OFFICE


OF THE COURT ADMINISTRATOR v. SILVERIO Q.
CASTILLO

G.R. No. 102367 October 25, 2001 - PEOPLE OF THE


PHILIPPINES v. ABUNDIO ALBARIDO and BENEDICTO
IGDOY

G.R. No. 126359 October 25, 2001 - PEOPLE OF THE


PHIL v. CARLITO OLIVA

G.R. No. 127465 October 25, 2001 - SPOUSES


NICETAS DELOS SANTOS v. COURT OF APPEALS

G.R. No. 133102 October 25, 2001 - PEOPLE OF THE


PHILIPPINES v. DINDO AMOGIS y CRINCIA

G.R. Nos. 134449-50 October 25, 2001 - PEOPLE OF


THE PHILIPPINES v. PEDRO HERNANDEZ y PALMA

G.R. No. 135813 October 25, 2001 - FERNANDO


SANTOS v. Spouses ARSENIO and NIEVES REYES

G.R. No. 135822 October 25, 2001 - PEOPLE OF THE


PHILIPPINES v. PIO DACARA y NACIONAL

G.R. Nos. 137494-95 October 25, 2001 - THE


PEOPLE OF THE PHILIPPINES v. SOTERO REYES alias
"TURING"

G.R. Nos. 142741-43 October 25, 2001 - PEOPLE OF


THE PHILIPPINES v. ROMEO MANAYAN

A.M. No. P-01-1474 October 26, 2001 - ANTONIO C.


REYES v. JOSEFINA F. DELIM

G.R. No. 120548 October 26, 2001 - PEOPLE OF THE


PHILIPPINES v. JOSELITO ESCARDA

G.R. Nos. 121492 & 124325 October 26, 2001 -


BAN HUA UY FLORES v. JOHNNY K.H. UY

G.R. No. 132169 October 26, 2001 - PEOPLE OF THE


PHILIPPINES v. SANICO NUEVO @ "SANY

G.R. No. 133741-42 October 26, 2001 - PEOPLE OF


THE PHILIPPINES v. LINO VILLARUEL

G.R. No. 134802 October 26, 2001 - PEOPLE OF THE


PHILIPPINES v. RENATO Z. DIZON

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G.R. No. 135920 October 26, 2001 - ENCARNACION
ET AL. v. SEVERINA REALTY CORPORATION

G.R. No. 140719 October 26, 2001 - NICOLAS UY


DE BARON v. COURT OF APPEALS

G.R. No. 140912 October 26, 2001 - PEOPLE OF THE


PHILIPPINES v. RODRIGO DIAZ Y SEVILLETA

G.R. No. 141540 October 26, 2001 - EDUARDO TAN


v. FLORITA MUECO and ROLANDO MUECO

G.R. No. 143231 October 26, 2001 - ALBERTO LIM


v. PEOPLE OF THE PHILIPPINES

G.R. No. 144237 October 26, 2001 - WINSTON C.


RACOMA v. MA. ANTONIA B. F. BOMA

G.R. Nos. 146319 & 146342 October 26, 2001 -


BENJAMIN E. CAWALING v. THE COMMISSION ON
ELECTIONS

G.R. No. 146593 October 26, 2001 - UNITED


COCONUT PLANTERS BANK v. ROBERTO V. ONGPIN

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