ASG Law

Tag: Damages

  • Abuse of Rights: When Public Works Infringe on Private Water Connections

    The Supreme Court held that the Metropolitan Waterworks and Sewerage System (MWSS) and CMS Construction and Development Corporation are liable for damages for cutting off and transferring a homeowner’s association’s water connection without prior notice or consent. This decision reinforces the principle that even when exercising legitimate rights, entities must act with justice and good faith, particularly when essential services are involved. The ruling serves as a reminder that infrastructure projects must consider and respect the existing rights and needs of affected communities.

    Water Works and Wrongs: Did a Public Project Trample Private Rights?

    This case, Metroheights Subdivision Homeowners Association, Inc. v. CMS Construction and Development Corporation, revolves around a water supply rehabilitation project that inadvertently disrupted the existing water service of a homeowners association. The Metroheights Subdivision Homeowners Association, Inc. had previously invested in improving their water supply by establishing a new water service connection with the MWSS on Visayas Avenue. Later, CMS Construction, contracted by MWSS for a rehabilitation project in the adjacent Sanville Subdivision, cut off and disconnected Metroheights’ water service without prior notice or consent, leading to a three-day water outage. The core legal question is whether MWSS and CMS Construction abused their rights in executing the project, thereby causing damages to the homeowners association.

    The heart of this case lies in the application of Article 19 of the New Civil Code, which embodies the principle of abuse of rights. This article mandates that every person, in exercising their rights and performing their duties, must act with justice, give everyone their due, and observe honesty and good faith. The Supreme Court emphasized that this principle departs from the traditional view that “he who uses a right injures no one.” Instead, it recognizes that even lawful actions can give rise to liability if exercised in an arbitrary or unjust manner.

    Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

    The elements of abuse of rights under Article 19 are: (1) the existence of a legal right or duty; (2) its exercise in bad faith; and (3) the intent to prejudice or injure another. In this case, MWSS and CMS Construction had the right and duty to manage and maintain the water supply system, including undertaking rehabilitation projects. However, the Court found that they exercised this right in bad faith by cutting off Metroheights’ water service without prior notice or consent. This failure to act with justice and consideration for the homeowners’ existing water connection constituted an abuse of rights.

    The Court highlighted the importance of good faith, defining it as an honest intention to abstain from taking any unconscientious advantage of another. The absence of good faith is essential to a finding of abuse of right. In this context, good faith would have required MWSS and CMS Construction to notify Metroheights of the impending disruption and to obtain their consent, or at least provide a reasonable alternative water source during the project.

    A critical point of contention was whether Metroheights had received prior notice of the rehabilitation project. The Court of Appeals (CA) reversed the trial court’s (RTC) finding, concluding that notice had been given. However, the Supreme Court overturned the CA’s decision, emphasizing that factual findings can be reviewed when they contradict those of the trial court. The Court scrutinized the testimonies presented and found that while MWSS and CMS Construction claimed to have a standard operating procedure of notifying affected parties, they failed to produce any concrete evidence of notice to Metroheights.

    The testimony of Tomasito Cruz, President of CMS Construction, was particularly revealing. Despite claiming that permissions were sought from affected homeowners’ associations, he admitted that his company did not personally give written notice to Metroheights. He also conceded that he could not produce any documentary proof of notice from MWSS. This lack of evidence undermined the claim that Metroheights had been properly informed of the project and its potential impact on their water supply.

    The Supreme Court also cited the case of Manila Gas Corporation v. Court of Appeals, reinforcing the principle that entities claiming to have given notices must provide competent and sufficient evidence to prove it. The absence of any written notice or warning in this case weighed heavily against MWSS and CMS Construction.

    Furthermore, the Court noted that Metroheights only discovered the reason for their water loss after investigating the issue themselves. Even then, the reconnection was only temporary, using a rubber hose, and only after the homeowners association complained to CMS Construction. This underscored the lack of proactive communication and consideration for the homeowners’ welfare.

    The Court also addressed the issue of damages. Metroheights sought actual, nominal, and exemplary damages, as well as attorney’s fees. The Court awarded actual damages based on the expenses incurred by Metroheights in establishing their water service connection, but reduced the amount to reflect the proven expenses. Exemplary damages were also awarded to serve as a deterrent and to promote the public good. Attorney’s fees were granted due to Metroheights’ need to litigate to protect its interests. However, the Court denied nominal damages, as they cannot coexist with actual damages. The Court also clarified that while MWSS and CMS Construction were liable, the individual directors and stockholders of CMS Construction (the Cruzes) were not personally liable, as there was no evidence that they acted with gross negligence or bad faith in directing the corporation’s affairs.

    This approach contrasts with situations where the disruption is unavoidable and reasonable efforts are made to mitigate the impact. For instance, if MWSS and CMS Construction had provided temporary water tankers or offered alternative water sources during the project, their actions might have been viewed differently. The key factor is the lack of consideration for the homeowners’ existing rights and the failure to act in good faith.

    In MWSS v. Act Theater, Inc., the Supreme Court similarly held MWSS liable for cutting off a water service connection without prior notice, emphasizing that such actions are arbitrary, injurious, and prejudicial. This case reinforces the principle that public utilities must exercise their rights responsibly and with due regard for the rights of their customers.

    FAQs

    What was the key issue in this case? The key issue was whether MWSS and CMS Construction abused their rights by cutting off Metroheights’ water service without prior notice or consent during a rehabilitation project.
    What is Article 19 of the New Civil Code? Article 19 embodies the principle of abuse of rights, requiring individuals to act with justice, give everyone their due, and observe honesty and good faith in exercising their rights and performing their duties.
    What are the elements of abuse of rights under Article 19? The elements are: (1) the existence of a legal right or duty; (2) its exercise in bad faith; and (3) the intent to prejudice or injure another.
    Did Metroheights receive prior notice of the water service interruption? The Supreme Court found that Metroheights did not receive prior notice of the water service interruption, despite claims by MWSS and CMS Construction.
    What kind of damages were awarded in this case? The Court awarded actual damages (proven expenses), exemplary damages (to deter future misconduct), and attorney’s fees. Nominal damages were denied.
    Were the individual officers of CMS Construction held liable? No, the individual officers (the Cruzes) were not held personally liable because there was no evidence that they acted with gross negligence or bad faith.
    Why was good faith important in this case? Good faith would have required MWSS and CMS Construction to notify Metroheights of the impending disruption and to obtain their consent or provide a reasonable alternative water source.
    What does this case mean for public utilities? This case reinforces that public utilities must exercise their rights responsibly and with due regard for the rights of their customers, especially when providing essential services.

    This case serves as a critical reminder that even in the pursuit of public works and infrastructure improvements, private rights and existing arrangements must be respected and accommodated. Proper communication, good faith, and a commitment to minimizing disruption are essential to avoid liability for abuse of rights. This ruling highlights the importance of balancing public interest with individual rights.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: METROHEIGHTS SUBDIVISION HOMEOWNERS ASSOCIATION, INC. v. CMS CONSTRUCTION AND DEVELOPMENT CORPORATION, G.R. No. 209359, October 17, 2018

  • Carrier’s Duty: Determining Damages for Maritime Negligence

    In the case of Sulpicio Lines, Inc. v. Major Victorio Karaan, the Supreme Court affirmed the Court of Appeals’ decision, holding Sulpicio Lines liable for damages resulting from the sinking of the M/V Princess of the Orient. The Court clarified the standards for awarding temperate and exemplary damages in maritime incidents, emphasizing that common carriers must exercise extraordinary diligence for the safety of passengers. This ruling underscores the responsibility of shipping companies to ensure safe travel and provides guidance on compensation for victims of maritime negligence.

    Navigating Negligence: When a Ship Sinks, Who Pays the Price?

    The tragic sinking of the M/V Princess of the Orient on September 18, 1998, spawned numerous legal battles, including this case involving passengers Major Victorio Karaan, Spouses Napoleon and Herminia Labrague, and Ely Liva. These individuals, having survived the ill-fated voyage, sought damages from Sulpicio Lines, Inc. (now Philippine Span Asia Carrier Corporation) for breach of contract of carriage. The central legal question revolved around the propriety of awarding temperate and exemplary damages, given the circumstances surrounding the maritime disaster.

    The respondents claimed actual, moral, exemplary, and nominal damages, citing the trauma and losses they suffered during the sinking. During the trial, each respondent recounted their harrowing experiences, detailing the lack of assistance from the ship’s crew and the chaotic scene as the vessel went down. Major Karaan described the terrifying moments of being submerged and his subsequent rescue after 15 hours in the water. Napoleon and Herminia Labrague recounted the loss of their daughter, Karen Hope, whose lifeless body was later recovered. Ely Liva corroborated their accounts, emphasizing the panic and confusion that ensued.

    In its defense, Sulpicio Lines presented testimonies from its employees to establish that the vessel was seaworthy and that proper procedures were followed. Nelson Sato, the second mate, testified about the vessel’s equipment and pre-departure inspections. Atty. Geraldine Jorda, the Personnel Officer, vouched for Captain Esrum Mahilum’s competence. Engr. Perry Chan, the Third Engineer, testified about the engine’s condition. Edgar Samson, the Radio Operator, detailed weather reports and communication efforts. Captain Anito Alfajardo from the Philippine Coastguard affirmed the vessel’s clearance for departure. Salvacion Buaron, the Vice-President for passenger service of SLI, stated the assistance provided to the victims. Despite these testimonies, the Regional Trial Court (RTC) and subsequently the Court of Appeals (CA) found Sulpicio Lines liable.

    The RTC initially awarded actual, moral, exemplary, and nominal damages. However, upon appeal, the CA modified the award, replacing actual damages with temperate damages due to insufficient proof of the exact amounts of loss. The CA also upheld the award of exemplary damages, finding that Sulpicio Lines had acted recklessly. The Supreme Court, in its review, affirmed the CA’s decision, emphasizing the importance of extraordinary diligence required of common carriers.

    The Supreme Court addressed the issue of temperate damages, clarifying that they are appropriate when pecuniary loss is evident, but its exact amount cannot be proven with certainty. Article 2224 of the Civil Code supports this principle, stating:

    Article 2224. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty.

    The Court found no error in the CA’s imposition of temperate damages, as the respondents demonstrably suffered losses, even though they could not provide precise documentation. This recognition of temperate damages serves as a vital safety net for victims who experience genuine losses without the ability to substantiate every detail with receipts or documents.

    Moreover, the Supreme Court delved into the propriety of awarding exemplary damages, which are governed by Articles 2229, 2232, 2233 and 2234 of the Civil Code:

    Article. 2229. Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.

    Article. 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.

    The Court concurred with the CA’s assessment that Sulpicio Lines’ negligence warranted exemplary damages. The failure to exercise extraordinary diligence, coupled with the Captain’s erroneous maneuvers, constituted recklessness. Citing Sulpicio Lines, Inc. v. Sesante et. al., the Court reiterated that exemplary damages serve to reshape socially harmful behavior by creating deterrents.

    Clearly, the petitioner and its agents on the scene acted wantonly and recklessly. Wanton and reckless are virtually synonymous in meaning as respects liability for conduct towards others. Wanton means characterized by extreme recklessness and utter disregard for the rights of others; or marked by or manifesting arrogant recklessness of justice or of rights or feelings of others. Conduct is reckless when it is an extreme departure from ordinary care, in a situation in which a high degree of danger is apparent.

    The Court emphasized that the shipping company’s crew failed to undertake proper stability calculations, prepare a detailed cargo stowage plan, and transmit an SOS message through the appropriate channels. Such failures highlighted a disregard for safety and a breach of the extraordinary diligence required of common carriers. These shortcomings ultimately contributed to the tragic loss of life and justified the imposition of exemplary damages.

    The decision serves as a reminder to common carriers of their duty to prioritize passenger safety. Extraordinary diligence entails not only ensuring the seaworthiness of vessels but also implementing rigorous safety protocols and adequately training crew members. The consequences of failing to meet these standards can be severe, both in terms of legal liability and the immeasurable cost of human lives.

    Finally, the Supreme Court modified the interest rate applicable to the monetary awards, imposing a rate of six percent (6%) per annum from the date of the decision’s finality until full payment. This adjustment reflects the guidelines established in Eastern Shipping Lines, Inc. v. CA, as modified by Nacar v. Gallery Frames, et al.

    FAQs

    What was the key issue in this case? The key issue was whether the Court of Appeals correctly awarded temperate and exemplary damages to the respondents for the sinking of the M/V Princess of the Orient. The Supreme Court examined whether the actions of Sulpicio Lines warranted such damages under the Civil Code.
    What are temperate damages? Temperate damages are awarded when the court acknowledges that a pecuniary loss has occurred, but the exact amount cannot be proven with certainty. They are more than nominal damages but less than compensatory damages, offering a middle ground when precise quantification is impossible.
    What are exemplary damages? Exemplary damages are imposed as a form of punishment or correction for the public good, in addition to other forms of damages. In contract and quasi-contract cases, they are awarded if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.
    What is the standard of care for common carriers? Common carriers are required to exercise extraordinary diligence for the safety of their passengers. This high standard of care includes ensuring the seaworthiness of vessels, implementing rigorous safety protocols, and adequately training crew members to handle emergencies.
    What did Sulpicio Lines fail to do in this case? Sulpicio Lines failed to exercise extraordinary diligence by neglecting to perform proper stability calculations, prepare a detailed cargo stowage plan, and transmit an SOS message through internationally accepted channels. The Captain’s erroneous maneuvers also contributed to the sinking.
    Why was the award of actual damages replaced with temperate damages? The Court of Appeals replaced the award of actual damages with temperate damages because the respondents could not provide sufficient documentary evidence, such as receipts, to prove the exact amounts of their losses. However, the loss itself was evident.
    What does it mean to act wantonly or recklessly? To act wantonly means to exhibit extreme recklessness and utter disregard for the rights of others. Reckless conduct involves an extreme departure from ordinary care in a situation where a high degree of danger is apparent, indicating more than mere negligence.
    What was the interest rate imposed on the monetary awards? The Supreme Court imposed an interest rate of six percent (6%) per annum on the total amount of monetary awards. The interest rate is computed from the date of the decision’s finality until full payment, aligning with established legal guidelines.

    This case illustrates the judiciary’s commitment to holding common carriers accountable for ensuring passenger safety and providing appropriate compensation for losses suffered due to negligence. The ruling reinforces the importance of adhering to safety standards and exercising due diligence in maritime operations. The determination of damages, including temperate and exemplary awards, serves both to compensate victims and to deter future misconduct.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: Sulpicio Lines, Inc. v. Major Victorio Karaan, G.R. No. 208590, October 3, 2018

  • Conspiracy in Robbery with Homicide: Upholding Justice Through Eyewitness Testimony

    In the case of People of the Philippines vs. Alvin J. Labagala and Romeo Labagala, the Supreme Court affirmed the conviction of the accused for robbery with homicide, emphasizing the crucial role of eyewitness testimony and the legal concept of conspiracy. The Court underscored that when a homicide occurs during a robbery, all participants in the robbery are held liable as principals, unless they actively tried to prevent the killing. This decision reaffirms the importance of eyewitness accounts and the stringent application of conspiracy laws in ensuring justice for victims of violent crimes.

    The Mango Tree Ambush: How Shared Intent Led to a Murder Conviction

    The case revolves around the tragic death of Mario P. Legaspi, Sr., who was attacked in his home by a group of individuals, including Alvin and Romeo Labagala. On June 12, 2002, while Legaspi was having dinner with Jun Alberto, the accused entered his property and forcibly took his jewelry and personal belongings. During the robbery, Legaspi was fatally injured. The legal question at the heart of the case was whether the accused acted in conspiracy and whether the evidence presented was sufficient to prove their guilt beyond a reasonable doubt.

    At trial, Jun Alberto’s eyewitness account played a pivotal role. He testified that he saw Alvin Labagala pointing a gun at the victim and whipping him with it while others held him in place. This testimony established the element of violence and intimidation essential in robbery with homicide. Furthermore, the court emphasized the credibility of Jun’s testimony, noting that a single, credible witness is sufficient for conviction. It is a well-established principle in Philippine jurisprudence that the testimony of a single witness, if positive and credible, is enough to sustain a judgment of conviction. This principle acknowledges that quality, not quantity, is the measure of evidence.

    The Court referred to the requisites of robbery with homicide, as outlined in Article 294, par. 1 of the Revised Penal Code, which states:

    ART. 294. Robbery with violence against or intimidation of persons – Penalties. – Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:

    1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson.

    The elements that must be proven for a conviction of robbery with homicide include taking of personal property with violence or intimidation, the property belongs to another, intent to gain (animus lucrandi), and that homicide was committed on the occasion or by reason of the robbery. The prosecution successfully demonstrated these elements through Jun’s eyewitness testimony and the established facts of the case.

    One of the critical aspects of the case was the finding of conspiracy among the accused. The court noted that the actions of the accused showed a coordinated effort to commit the crime. Jun Alberto’s account detailed how the accused confederated and mutually aided one another during the robbery, clearly showing that they had a common purpose. The Regional Trial Court emphasized this point, stating, “conspiracy and mutual aid to one another was crystal clear from the acts of [appellants] whose conduct during the commission of the crime clearly indicated that they had the same purpose and were united in its execution.” This underscored the legal principle that when individuals act in concert, their collective actions can establish a shared criminal intent.

    The defense raised by the accused was denial and alibi. Romeo Labagala claimed he was harvesting palay in a different barangay, while Alvin Labagala stated he was helping friends sell vegetables in Navotas. However, the court rejected these defenses, citing the positive identification by a credible witness. It is a fundamental principle that alibi is a weak defense, especially when faced with positive identification by a credible witness. The court found no reason to doubt Jun Alberto’s testimony, emphasizing that he had no motive to falsely accuse the appellants.

    The Court of Appeals affirmed the Regional Trial Court’s decision, emphasizing that the victim’s killing was incidental to the robbery. The appellate court highlighted the concerted actions of the accused, from entering the victim’s property to dragging him inside the house where he was killed. Their coordinated actions were evidence of a clear, unified criminal scheme. The Court of Appeals underscored that “From the circumstances obtaining in this case, it cannot be doubted that the appellants, together with their co-accused who are at large, acted in conspiracy in committing the crime charged.”

    In its analysis, the Supreme Court cited People v. De Jesus, which clarifies that even if an accused did not directly participate in the killing, they can still be held liable as principals in robbery with homicide if they participated in the robbery, unless they clearly show they tried to prevent the homicide. The legal rationale is that those who conspire to commit robbery with homicide are all guilty as principals, regardless of who committed the actual killing.

    The Supreme Court also addressed the award of damages. While affirming the conviction, the Court modified the amounts to align with prevailing jurisprudence. The Court increased civil indemnity and moral damages from P50,000.00 to P75,000.00 each, temperate damages from P25,000.00 to P50,000.00, and awarded exemplary damages of P75,000.00. These adjustments reflect the Court’s consistent effort to ensure that damages awarded are just and commensurate with the harm suffered by the victim’s heirs. Further, the court ordered that all damages awarded would earn interest at 6% per annum from the finality of the decision until fully paid.

    This decision illustrates several crucial legal principles. First, it reaffirms the significance of eyewitness testimony in criminal proceedings. When a witness is credible and provides a clear account, their testimony can be the foundation of a conviction. Second, it underscores the stringent application of conspiracy laws in cases of robbery with homicide. All participants in the robbery are held equally accountable for the resulting homicide, promoting the importance of deterring such violent crimes. Third, it reflects the Court’s commitment to ensuring that damages awarded are fair and just, providing a measure of solace to the victim’s family.

    In conclusion, the Supreme Court’s decision in People vs. Labagala reinforces the vital role of credible eyewitness testimony and the strict application of conspiracy laws in prosecuting robbery with homicide cases. It serves as a reminder that individuals who participate in violent crimes will be held accountable for their actions, ensuring that justice is served and deterring others from engaging in similar unlawful behavior.

    FAQs

    What is robbery with homicide? Robbery with homicide is a crime under Article 294 of the Revised Penal Code, where robbery is committed, and on the occasion or by reason of the robbery, homicide results. The intent to rob must precede the killing, and all who participate in the robbery are liable for the homicide unless they tried to prevent it.
    What are the elements needed to prove robbery with homicide? The elements include the taking of personal property with violence or intimidation, the property belongs to another, intent to gain (animus lucrandi), and the commission of homicide on the occasion or by reason of the robbery. All these elements must be proven beyond a reasonable doubt for a conviction.
    Is eyewitness testimony enough to convict someone of robbery with homicide? Yes, the testimony of a single eyewitness, if positive and credible, is sufficient to sustain a judgment of conviction. The court assesses the credibility of the witness based on their demeanor, consistency, and the plausibility of their account.
    What does it mean to act in conspiracy? To act in conspiracy means that two or more people agree to commit a crime and work together to achieve their unlawful purpose. Each conspirator is held responsible for the actions of the others, provided those actions are within the scope of the conspiracy.
    If someone participates in a robbery but doesn’t directly commit the killing, are they still liable for robbery with homicide? Yes, all those who participate as principals in the robbery are liable as principals in robbery with homicide, even if they did not directly commit the killing. The exception is if they clearly demonstrate they tried to prevent the homicide.
    What is the significance of intent to gain (animus lucrandi) in robbery cases? Animus lucrandi, or intent to gain, is a crucial element in robbery cases. It means that the accused must have intended to profit or benefit from the stolen property. This intent distinguishes robbery from other crimes like theft or simple assault.
    What is the difference between civil indemnity, moral damages, temperate damages, and exemplary damages? Civil indemnity is a sum awarded as a matter of right upon proof of the fact of the crime. Moral damages are awarded for mental anguish, serious anxiety, and wounded feelings. Temperate damages are awarded when the exact amount of damages cannot be determined. Exemplary damages are awarded to set an example or as a deterrent.
    What is the legal effect of raising an alibi as a defense? An alibi is a weak defense, especially when faced with positive identification by a credible witness. For an alibi to be credible, the accused must prove that they were in another place at the time the crime was committed and that it was physically impossible for them to be at the scene of the crime.

    The Labagala case serves as a reminder of the enduring principles that guide the Philippine justice system. The importance of credible witness testimony, the consequences of conspiracy, and the commitment to providing just compensation to victims are all vital components of a fair and effective legal process. These principles ensure that those who commit violent crimes are held accountable and that justice is served.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: PEOPLE OF THE PHILIPPINES, VS. ALVIN J. LABAGALA AND ROMEO LABAGALA, G.R. No. 221427, July 30, 2018

  • Voice Recognition as Valid Identification in Rape Cases: Protecting Victims and Ensuring Justice

    In People v. Andes, the Supreme Court affirmed that a rape conviction can stand even when the victim identifies the perpetrator solely through voice recognition. This ruling underscores the importance of giving credence to victims’ testimonies, especially when they have a prior, intimate familiarity with the accused. It reinforces that the element of force or intimidation in rape cases should be viewed from the victim’s perspective, emphasizing the court’s commitment to protecting vulnerable individuals and ensuring justice, even in the absence of corroborating physical evidence.

    Whispers of Guilt: Can a Voice Alone Convict in a Rape Case?

    The case revolves around Jacinto Andes, who was accused of raping AAA, his stepdaughter. AAA testified that Andes, armed with a bladed weapon, forcibly entered her room while she was sleeping with her son. She identified Andes by his voice and the words he uttered, as she had lived with him for seven years as the live-in partner of her mother. Despite Andes’ denial and alibi, the Regional Trial Court (RTC) convicted him of rape, a decision that the Court of Appeals (CA) later affirmed. The core legal question is whether the victim’s identification of the accused solely through voice recognition, coupled with the circumstances of the crime, is sufficient to sustain a conviction for rape.

    The Supreme Court, in affirming the lower courts’ decisions, emphasized the significance of the victim’s testimony. It reiterated the principle that in rape cases, a conviction can be based on the lone, uncorroborated testimony of the victim, provided it is clear, convincing, and consistent with human nature. The Court highlighted the trial court’s unique position to assess the credibility of witnesses, stating that their findings carry great weight and substance. “In rape cases, the accused may be convicted on the basis of the lone, uncorroborated testimony of the rape victim, provided that her testimony is clear, convincing, and otherwise consistent with human nature,” the Court stated, underscoring the importance of the victim’s account.

    Andes challenged the credibility of AAA’s testimony, pointing out inconsistencies and arguing that her actions after the rape did not align with those of a typical rape victim. He questioned why AAA didn’t resist more forcefully, especially when she had the opportunity to grab his knife. He also argued that the lack of visible injuries and the possibility that the lacerations on AAA’s hymen were due to childbirth cast doubt on her claim. The Court, however, dismissed these arguments, emphasizing that the law does not impose on the rape victim the burden of proving resistance. The court looks at force and intimidation from the perspective of the victim.

    The Court further explained that the victim’s perception and judgment at the time of the commission of the crime are paramount. The intimidation experienced by the victim should be viewed in light of her circumstances. In this case, AAA’s fear for her son’s safety, coupled with Andes’ threat to kill them both, constituted sufficient intimidation. “In rape, the force and intimidation must be viewed in the light of the victim’s perception and judgment at the time of the commission of the crime and not by any hard and fast rule,” the Court noted, highlighting the need to consider the victim’s state of mind during the assault.

    Moreover, the Court addressed the issue of AAA’s post-rape behavior, specifically her initial text message to her cousin stating that Andes had merely “entered” her house. The Court clarified that not all rape victims react the same way, and there is no typical reaction or norm of behavior that ensues from victims of rape. The court underscored that a victim’s emotional state could affect the way she handles the issue. Demanding a standard rational reaction to an irrational experience like rape is unreasonable, the Supreme Court reasoned.

    The Court also addressed the defense’s argument that the presence of healed lacerations on AAA’s hymen was not conclusive evidence of rape, as they could have resulted from childbirth. The Court reiterated that a medical examination is not indispensable in a prosecution for rape. The Supreme Court has held numerous times in the past that a medical examination is not indispensable in a prosecution for rape. Andes was convicted based on the credibility of AAA’s testimony, not solely on the medical findings.

    Finally, the Court dismissed Andes’ defense of alibi and denial. The Court stated that both denial and alibi are inherently weak defenses which cannot prevail over the positive and credible testimony of the prosecution witness that the accused committed the crime. Andes’ defense of alibi failed because he was within the immediate vicinity of the crime scene, making it physically possible for him to commit the rape. His proximity to AAA’s house undermined his claim that he was elsewhere at the time of the incident.

    The Court adjusted the amount of damages awarded to AAA in consonance with existing jurisprudence. Andes was ordered to pay P75,000 as civil indemnity, P75,000 as moral damages, and P75,000 as exemplary damages, with interest at 6% per annum from the finality of the decision. This adjustment ensures that the victim receives adequate compensation for the trauma and suffering she endured as a result of the rape.

    FAQs

    What was the key issue in this case? The key issue was whether the victim’s identification of the accused solely through voice recognition, coupled with the circumstances of the crime, is sufficient to sustain a conviction for rape.
    Can a person be convicted of rape based solely on the victim’s testimony? Yes, in rape cases, the accused may be convicted on the basis of the lone, uncorroborated testimony of the rape victim, provided that her testimony is clear, convincing, and consistent with human nature.
    Is a medical examination indispensable in a rape case? No, a medical examination is not indispensable in a prosecution for rape. The conviction can be based on the credibility of the victim’s testimony.
    How does the court view the element of force or intimidation in rape cases? The force and intimidation must be viewed in the light of the victim’s perception and judgment at the time of the commission of the crime, not by any hard and fast rule.
    What is the court’s view on the defense of alibi in this case? The court dismissed Andes’ defense of alibi because he was within the immediate vicinity of the crime scene, making it physically possible for him to commit the rape.
    What damages were awarded to the victim in this case? Andes was ordered to pay P75,000 as civil indemnity, P75,000 as moral damages, and P75,000 as exemplary damages, with interest at 6% per annum from the finality of the decision.
    Does the law require a rape victim to prove resistance? No, the law does not impose on the rape victim the burden of proving resistance. The focus is on the force or intimidation used by the perpetrator.
    Why did the Court not consider the healed lacerations on the victim’s hymen as conclusive evidence of rape? Because the examining physician testified that the healed lacerations could have resulted from her having given birth twice. Therefore, the court considered the testimony of the victim as evidence.
    How did the Court address the issue of the victim’s post-rape behavior? The Court clarified that not all rape victims react the same way, and there is no typical reaction or norm of behavior that ensues from victims of rape.

    This case underscores the importance of giving credence to victims’ testimonies in rape cases, even when the identification is based solely on voice recognition. It reinforces the principle that the element of force or intimidation should be viewed from the victim’s perspective and that the absence of physical injuries or corroborating evidence does not necessarily negate the crime. The ruling serves as a reminder that justice can be served even in the most challenging circumstances, protecting vulnerable individuals and holding perpetrators accountable.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: People v. Andes, G.R. No. 227738, July 23, 2018

  • Penalty Clauses in Lease Contracts: Balancing Compensation and Enforcement

    In D.M. Ragasa Enterprises, Inc. v. Banco de Oro, Inc., the Supreme Court clarified the application of penalty clauses in lease agreements when a lessee prematurely terminates the contract. The Court ruled that while an automatic termination clause in a lease contract is valid, the lessor is not automatically entitled to the full amount of remaining rentals. Instead, the lessor is limited to the specific penalties stipulated in the contract, such as forfeiture of the security deposit, unless additional actual damages can be proven. This decision highlights the importance of clearly defined penalty clauses and the need for lessors to demonstrate actual losses beyond the contractual stipulations.

    Lease Interrupted: Can a Landlord Claim Full Rent After Early Termination?

    The case revolves around a Lease Contract between D.M. Ragasa Enterprises, Inc. (Ragasa), as the lessor, and Banco de Oro, Inc. (BDO), formerly Equitable PCI Bank, Inc., as the lessee, for commercial space in Quezon City. The five-year lease, commencing on February 1, 1998, was pre-terminated by BDO on June 30, 2001, due to a merger that necessitated the closure of the branch occupying the leased premises. Ragasa, arguing that the pre-termination was a breach of contract, sought to collect the remaining rentals for the unexpired term, amounting to P3,146,596.42. BDO countered that its liability was limited to the forfeiture of the security deposit, as stipulated in the Lease Contract’s penalty clause. The central legal question is: What is the extent of BDO’s liability for prematurely terminating the Lease Contract?

    The Supreme Court emphasized that a contract is the law between the parties, and obligations arising from it must be complied with in good faith. The parties are free to establish stipulations, clauses, terms, and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. The court then examined the pertinent provisions of the Lease Contract.

    2. The TERM of this Lease shall be for a period of five (5) years, commencing on February 1, 1998. x x x

    The Court found that BDO had indeed breached the Lease Contract by serving a Notice of Pre-termination and vacating the premises before the agreed-upon term. The contract did not contain a pre-termination clause. Therefore, the Court needed to determine the appropriate remedy for Ragasa, considering the existence of penalty clauses within the Lease Contract.

    The Lease Contract contained specific provisions addressing non-compliance with the lease term:

    8. The TENANT voluntarily binds himself and agrees to the following without any coercion or force by the LESSOR;

    x x x x

    m) The full deposit shall be forfeited in favor of the LESSOR upon non-compliance of the Term of the Contract of Lease by the TENANT, and cannot be applied to Rental;

    The Court clarified that the word “Term” in item 8(m) specifically refers to the duration of the lease, not just any stipulation within the contract. This distinction is critical because it narrows the scope of the penalty clause to apply specifically to the premature termination of the lease term. Article 1170 of the Civil Code states that those who contravene the tenor of their obligations are liable for damages. Given BDO’s breach, the question became: what damages was Ragasa entitled to?

    Generally, when a party fails to comply with their obligations, the aggrieved party may seek rescission of the contract with damages or simply seek damages while keeping the contract in force. However, the Lease Contract also had an automatic termination clause:

    p) Breach or non-compliance of any of the provisions of this Contract, especially non-payment of two consecutive monthly rentals on time, shall mean the termination of this Contract.

    The Supreme Court has consistently upheld the validity of such automatic termination clauses, referencing cases like Manila Bay Club Corp. v. Court of Appeals and Riesenbeck v. Spouses Silvino Maceren, Jr. and Patricia Maceren. Because of this clause, the Lease Contract was terminated upon BDO’s unauthorized pre-termination. Ragasa could not claim damages to enforce the lease, but was only entitled to indemnification.

    The Court addressed the claim for P3,146,596.42, representing the remaining rentals, explaining that entitlement to rentals after termination is generally only applicable if the lessee refuses to vacate the premises, which was not the case here. The Court then focused on the specific penalty clause, item 8(m), stating that the full deposit of P367,821.00, equivalent to three months’ rent, shall be forfeited. This forfeiture was explicitly stated not to be applicable to unpaid rentals. The Supreme Court determined that this clause was indeed a **penalty or penal clause**, designed to ensure compliance with the lease term.

    The Court explained the three-fold purpose of a penal clause:

    • To coerce the debtor to fulfill the obligation.
    • To serve as liquidated damages.
    • To punish the debtor for non-fulfillment.

    The main question was whether the penalty clause in this contract was intended as a substitute for damages or as an additional punishment. Article 1226 of the Civil Code provides guidance:

    Art. 1226. In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary.

    The Court noted that item 8(m) itself did not expressly reserve an additional claim for damages. However, item 10 of the contract addressed the possibility of court litigation due to non-compliance:

    10. In the event that a Court Litigation has been resorted to by the LESSOR or LESSEE, due to non-compliance of any of the foregoing provisions, the aggrieved party shall be paid by the other party, no less than fifteen thousand (P15,000) pesos, Philippine Currency, for Attorney’s fees, and other damages that the honorable court may allow.

    Construing items 8(m) and 10 together, the Court determined that the parties intended for the penalty to be cumulative, meaning that in addition to the forfeiture of the deposit, Ragasa could recover attorney’s fees and other proven damages. Consequently, the Bank was liable for the forfeiture of the deposit, attorney’s fees, and any other damages suffered by Ragasa because of the breach.

    Article 1227 of the Civil Code prevents the debtor from simply paying the penalty to avoid performance, unless such a right is expressly reserved. The Lease Contract did not contain such a reservation. However, Ragasa could not insist on the continuation of the lease because the automatic termination clause had been triggered. Therefore, Ragasa was only entitled to damages, which they needed to prove.

    Despite the potential for additional damages, Ragasa failed to provide evidence demonstrating actual losses beyond the forfeited deposit. The Court emphasized that Ragasa had the opportunity to lease the premises to another tenant after BDO vacated, but chose not to. Article 2203 of the Civil Code requires a party suffering loss to exercise the diligence of a good father of a family to minimize damages. Since Ragasa did not demonstrate that it actually suffered the claimed damages, the Court held that it was only entitled to the forfeiture of the deposit and attorney’s fees.

    FAQs

    What was the key issue in this case? The key issue was determining the extent of a lessee’s liability for prematurely terminating a lease contract containing both a penalty clause and an automatic termination clause.
    What is a penalty clause? A penalty clause is an accessory obligation in a contract that ensures performance by imposing a special prestation, usually a payment, if the obligation is not fulfilled. It serves to strengthen the coercive force of the obligation.
    What is an automatic termination clause? An automatic termination clause specifies that the contract will end immediately upon the occurrence of a specific event, such as a breach of the contract’s terms. Its validity has been affirmed by the Supreme Court.
    Can a lessor claim full rentals for the unexpired term if a lease is prematurely terminated? Generally, no. If the contract contains an automatic termination clause and the lessor does not continue to occupy the premises, the lessor is limited to the penalties stipulated in the contract and any proven actual damages.
    What damages can a lessor claim if a lease is prematurely terminated? A lessor can claim the penalties stipulated in the lease contract, such as forfeiture of the security deposit, attorney’s fees if litigation is necessary, and any other actual damages they can prove they suffered as a result of the breach.
    What is the effect of Article 1226 of the Civil Code on penalty clauses? Article 1226 states that the penalty substitutes the indemnity for damages and the payment of interests in case of noncompliance, unless there is a stipulation to the contrary. This means the penalty serves as the default compensation for the breach.
    What happens if the lessor does not attempt to mitigate damages after the breach? The lessor’s recovery may be limited, as Article 2203 of the Civil Code requires the injured party to exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission.
    What was the final ruling in the case of D.M. Ragasa Enterprises, Inc. v. Banco de Oro, Inc.? The Supreme Court ruled that Banco de Oro was liable for the forfeiture of the full deposit and attorney’s fees of P15,000.00, but not for the remaining rentals because D.M. Ragasa Enterprises, Inc. failed to prove additional actual damages.

    The D.M. Ragasa Enterprises, Inc. v. Banco de Oro, Inc. case underscores the importance of carefully drafting lease agreements and understanding the implications of penalty and termination clauses. While lessors have the right to seek compensation for breaches, they must also be prepared to demonstrate the actual damages they have incurred. This case helps clarify the interplay between contractual stipulations and legal principles in lease disputes.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: D.M. RAGASA ENTERPRISES, INC. VS. BANCO DE ORO, INC., G.R. No. 190512, June 20, 2018

  • Navigating Interest on Construction Claims: Determining When Legal Interest Begins

    In Arch. Eusebio B. Bernal vs. Dr. Vivencio Villaflor, the Supreme Court clarified when legal interest begins to accrue on monetary awards arising from construction disputes. The Court ruled that interest on such awards, which are not considered loans or forbearances of money, starts accruing from the date the quantification of damages is reasonably ascertained, typically the date of the Court of Appeals’ decision. This decision provides crucial guidance on determining the commencement of legal interest in construction-related claims, especially where the initial amount due is uncertain due to change orders or unliquidated claims.

    From Blueprints to Balance Sheets: Deciding When Construction Debts Start Earning Interest

    This case arose from a dispute over unpaid sums for the construction of a Medical Arts Building in Dagupan City. Architect Eusebio B. Bernal, doing business as Contemporary Builders, sought to recover P3,241,800.00 from Dr. Vivencio Villaflor and Dra. Gregoria Villaflor, representing unpaid balances. The Regional Trial Court (RTC) initially ruled in favor of Bernal, ordering the Villaflors to pay P2,848,000.00 plus legal interest from March 4, 2008. The Court of Appeals (CA) modified this decision, reducing the award to P1,710,271.21 and specifying that interest at 6% per annum would accrue from the finality of the judgment. Bernal then appealed to the Supreme Court, questioning the manner in which the interest was determined, arguing it should be computed from the time of extrajudicial or judicial demand.

    The central legal question revolved around determining the correct reckoning point for legal interest on the monetary award. The Supreme Court partially granted Bernal’s petition, providing clarity on the application of legal interest in cases involving unliquidated claims. The Court anchored its analysis on the principles established in Eastern Shipping Lines, Inc. vs. Court of Appeals, a landmark case that provides guidelines for determining interest awards. According to Eastern Shipping Lines, when an obligation does not constitute a loan or forbearance of money, interest on the amount of damages awarded is discretionary and typically accrues from the time the demand can be established with reasonable certainty.

    The Court emphasized that the discretionary imposition of interest is governed by specific conditions. In cases where the obligation is not a loan or forbearance of money, the imposition of interest on the amount of damages awarded lies within the court’s discretion, set at a rate of 6% per annum. Critically, interest cannot be applied to unliquidated claims or damages until the demand is established with reasonable certainty. When such certainty is achieved, interest accrues from the time the claim is made judicially or extrajudicially, as per Article 1169 of the Civil Code. However, when certainty cannot be reasonably established at the time of demand, interest begins to accrue only from the date of the court’s judgment, which marks the point when damages are deemed reasonably ascertained. The actual computation of legal interest is based on the amount finally adjudged by the court.

    In this particular case, the Supreme Court noted that Bernal’s original demand did not equate to a loan or forbearance of money; instead, it pertained to construction costs and services whose exact amount was uncertain even at the time the complaint was filed with the RTC. This uncertainty stemmed from the numerous change orders during the construction of the Medical Arts Building, which altered the scope and cost of the project. The RTC and CA both adjusted Bernal’s original claim, underscoring the initial uncertainty surrounding the exact amount due.

    The Supreme Court pointed out that the respondents’ liability was reasonably ascertained only when the CA rendered its decision on February 14, 2014. At this point, the amount of P1,710,271.21 was no longer disputed. Citing Eastern Shipping Lines, the Court held that interest should run from the date the quantification of damages was reasonably ascertained, which in this case was the date of the CA’s decision. This clarified that the 6% per annum interest on the award should be reckoned from February 14, 2014.

    The Court distinguished this case from Republic of the Phils. vs. De Guzman, where interest was reckoned from the time of demand. In De Guzman, the unpaid obligation was clear and uncontested from the time the extrajudicial demand was made, which was not the situation in Bernal’s case due to the fluctuating costs associated with the construction project. This distinction highlights the importance of certainty in the amount of the obligation for determining when interest begins to accrue.

    Moreover, the Supreme Court addressed Bernal’s argument for increasing the interest rate to 12% per annum after the judgment became final and executory. The Court clarified that, following Bangko Sentral ng Pilipinas Circular No. 799, issued on June 21, 2013, the legal rate of interest on loans and forbearance of money was reduced from 12% to 6% per annum, effective July 1, 2013. This meant that the applicable interest rate from the finality of the judgment until full satisfaction remained at 6% per annum.

    FAQs

    What was the key issue in this case? The key issue was determining when legal interest begins to accrue on a monetary award related to a construction dispute, specifically when the initial amount due was uncertain.
    When does interest typically start accruing on obligations that aren’t loans? For obligations not constituting a loan or forbearance of money, interest generally accrues from the time the amount of damages is reasonably ascertained, often the date of the court’s decision.
    How did the Court apply the Eastern Shipping Lines ruling? The Court applied the guidelines from Eastern Shipping Lines to determine that interest should run from the date the Court of Appeals rendered its decision, as that was when the amount due was reasonably ascertained.
    Why wasn’t interest reckoned from the date of demand in this case? Interest wasn’t reckoned from the date of demand because the amount owed was uncertain due to numerous change orders during the construction, making the claim unliquidated.
    What is the current legal rate of interest in the Philippines? As of the ruling, the legal rate of interest on loans and forbearance of money is 6% per annum, according to Bangko Sentral ng Pilipinas Circular No. 799.
    What was the effect of the change orders on the interest calculation? The change orders introduced uncertainty in the final amount due, delaying the start of interest accrual until the Court of Appeals determined a fixed amount.
    What was the significance of the CA decision date? The CA decision date was significant because it marked the point when the monetary award was reasonably ascertained, thereby triggering the commencement of legal interest.
    How did this ruling modify the CA decision? This ruling modified the CA decision by clarifying that the 6% interest rate should be reckoned from the date the CA’s decision was promulgated, and not the date of finality of judgment as initially ruled by the CA.

    The Supreme Court’s resolution in Bernal vs. Villaflor offers valuable guidance for determining when legal interest begins to accrue in construction disputes where the initial amounts due are uncertain. This ruling emphasizes the importance of reasonably ascertaining damages before interest can be applied. This provides clarity for contractors, property owners, and legal professionals involved in similar cases, ensuring fair and accurate calculations of monetary awards. Understanding the nuances of interest calculation is crucial for resolving construction disputes efficiently and equitably.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: ARCH. EUSEBIO B. BERNAL VS. DR. VIVENCIO VILLAFLOR AND DRA. GREGORIA VILLAFLOR, G.R. No. 213617, April 18, 2018

  • Unlicensed Contractors and Unfulfilled Promises: Recouping Losses from Defective Renovations

    The Supreme Court ruled that a homeowner was entitled to temperate damages, moral damages, and exemplary damages from an unlicensed contractor who misrepresented himself and performed substandard renovation work, leaving the house uninhabitable. This decision reinforces the principle that contractors must act in good faith and be held accountable for misrepresentation and negligent performance that causes significant harm to homeowners. It serves as a warning to contractors who engage in deceptive practices and provides recourse for homeowners who suffer losses due to such actions, emphasizing the importance of honesty and competence in construction agreements.

    When a ‘Dream Reno’ Turns into a Nightmare: Can You Recover Damages from a Deceptive Contractor?

    In the case of Teresa Gutierrez Yamauchi v. Romeo F. Suñiga, the central issue revolves around a renovation project gone awry. Yamauchi contracted Suñiga to renovate her house, but the project was marred by misrepresentation, delays, and substandard work, ultimately rendering the house uninhabitable. Yamauchi sought rescission of the contract and damages, alleging that Suñiga misrepresented himself as a licensed architect, failed to complete the renovations as agreed, and inflated the costs. The lower courts initially ruled in favor of Yamauchi but reduced the damages awarded. The Supreme Court then stepped in to determine the appropriate remedies for Yamauchi’s losses, focusing on the contractor’s deceitful conduct and the resulting damages to the homeowner.

    The facts of the case reveal a clear breach of contract and elements of fraud on the part of Suñiga. Yamauchi engaged Suñiga, believing him to be a licensed architect, to renovate her house. However, Suñiga was not a licensed architect, and the renovations were poorly executed and left unfinished. Yamauchi testified that the house was left in a state of disrepair, making it uninhabitable. She presented photographs as evidence of the damage and the incomplete nature of the renovations. Suñiga, on the other hand, argued that he had completed a portion of the work and that Yamauchi had failed to pay the full amount due. He also claimed that any delays were due to Yamauchi’s lack of funds.

    The legal framework for this case rests primarily on Article 1191 of the Civil Code, which provides for the rescission of reciprocal obligations in case one of the obligors fails to comply with their part. The Supreme Court noted that rescission aims to restore the parties to their original position before the contract was entered into. Moreover, the Court considered the principles governing the award of damages, including actual or compensatory damages, moral damages, and exemplary damages. It is crucial to remember that actual damages must be proven with a reasonable degree of certainty, while moral damages require a showing of fraud or bad faith.

    The Court’s reasoning focused on the fact that Suñiga misrepresented himself as a licensed architect and engaged in fraudulent practices.

    Bad faith does not simply connote bad judgment or negligence. It imports a dishonest purpose or some moral obliquity and conscious doing of a wrong, a breach of known duty through some motive or interest or ill will that partakes of the nature of fraud. It is, therefore, a question of intention, which can be inferred from one’s conduct and/or contemporaneous statements.

    The Supreme Court found that Suñiga’s actions demonstrated bad faith, justifying the award of moral and exemplary damages. Additionally, the Court addressed the issue of actual damages, noting that while Yamauchi could not prove the exact amount of her losses, she was entitled to temperate damages, as the house had been rendered unusable due to Suñiga’s actions. Temperate damages are awarded when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty.

    In its analysis, the Court highlighted the importance of restoring Yamauchi, as far as practicable, to her original position before the botched renovation. Since the exact amount of loss could not be accurately determined, the Court awarded temperate damages of P500,000.00, considering that Yamauchi could no longer use the house and had lost a significant portion of her investment. In addition, because Suñiga was found to have acted in bad faith by misrepresenting himself and inflating expenses, the Court reinstated the award for moral damages. Furthermore, to deter similar misconduct by contractors, the Court upheld the award for exemplary damages. Finally, Yamauchi was awarded attorney’s fees and legal interest on the total amount due.

    The practical implications of this decision are significant for homeowners who engage contractors for renovation projects. It underscores the importance of verifying the credentials and qualifications of contractors before entering into agreements. Homeowners should also carefully document all agreements and expenses and seek legal advice if they suspect fraudulent or substandard work. The decision also serves as a warning to contractors that they will be held accountable for misrepresentation, breach of contract, and negligent performance.

    FAQs

    What was the key issue in this case? The key issue was whether the homeowner was entitled to damages from an unlicensed contractor who misrepresented himself and performed substandard renovation work, leaving the house uninhabitable. The Court had to determine the appropriate remedies for the homeowner’s losses.
    What are temperate damages? Temperate damages are awarded when the court finds that some pecuniary loss has been suffered, but the amount of loss cannot be proved with certainty. They are more than nominal but less than compensatory damages.
    What constitutes bad faith in a contractual agreement? Bad faith implies a dishonest purpose, moral obliquity, or conscious wrongdoing. It involves a breach of known duty through some motive, interest, or ill will that partakes of the nature of fraud, as inferred from conduct or contemporaneous statements.
    What is rescission of contract? Rescission of contract is the unmaking of a contract, or its undoing from the beginning, and not merely its termination. It creates the obligation to return the object of the contract because to rescind is to declare a contract void at its inception and to put an end to it as though it never existed.
    Why were moral damages awarded in this case? Moral damages were awarded because the contractor acted in bad faith by misrepresenting himself as a licensed architect and inflating the renovation expenses. These actions were deemed to have caused the homeowner emotional distress and suffering.
    What are exemplary damages and why were they awarded? Exemplary damages are awarded to set an example or as a warning to the public and as a deterrent against the repetition of similar underhanded actions. They were awarded in this case to discourage contractors from engaging in fraudulent or deceitful practices.
    What does the Civil Code say about breach of contract? Article 1191 of the Civil Code allows the injured party to choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. It serves as the basis for seeking remedies when one party fails to comply with their contractual obligations.
    How does this case impact homeowners? This case underscores the importance of due diligence when hiring contractors, including verifying their credentials and qualifications. It also highlights the potential for recovering damages if a contractor engages in misrepresentation or performs substandard work.

    In conclusion, the Supreme Court’s decision in Yamauchi v. Suñiga provides a clear framework for addressing disputes arising from defective renovation projects and serves as a crucial safeguard for homeowners against unscrupulous contractors. This case highlights the significance of honesty and competence in construction agreements and the potential consequences for those who fail to uphold these standards.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: Teresa Gutierrez Yamauchi, v. Romeo F. Suñiga, G.R. No. 199513, April 18, 2018

  • Accountability Prevails: Principals Liable for Homicide During Robbery, Regardless of Direct Participation

    In the case of People of the Philippines v. Al Madrelejos, the Supreme Court affirmed that all individuals involved in a robbery are equally liable for homicide committed during the act, regardless of their direct participation in the killing. This ruling underscores the principle that those who conspire to commit robbery also assume responsibility for any resulting homicides, reinforcing the indivisible nature of the crime of robbery with homicide. It clarifies that the intent to rob must precede the taking of human life, highlighting the critical elements required to establish guilt in such cases.

    Hold-Up Havoc: When Does a Robbery Turn into a Homicide, and Who Pays the Price?

    The case began on January 22, 2008, when Al Madrelejos and an accomplice held up a jeepney in Caloocan City. During the robbery, one of the passengers, Jovel Federeso Jacaban, was shot and killed after resisting the robbers’ demands. Madrelejos was subsequently charged with robbery with homicide. At trial, Madrelejos claimed the shooting was accidental, arising from a struggle with another passenger. However, the Regional Trial Court (RTC) found him guilty, a decision that was later modified by the Court of Appeals (CA) to attempted robbery with homicide, reasoning that the asportation of items was not definitively proven. The Supreme Court then reviewed the CA’s decision, focusing on whether the crime was indeed robbery with homicide and if Madrelejos was properly convicted.

    The Supreme Court, in its analysis, reiterated the four essential elements that constitute robbery with homicide. These elements include the taking of personal property through violence or intimidation, the property belonging to another, the intent to gain, and the commission of homicide either during the robbery or as a direct result of it. The Court emphasized that for a conviction of robbery with homicide, the act of robbery must be proven as conclusively as any other element. Citing People v. Ebet, the Court explained that the intent to commit robbery must precede the taking of human life, and it is immaterial whether the death was accidental or if the victim of the homicide was not the direct victim of the robbery.

    In robbery with homicide, the original criminal design of the malefactor is to commit robbery, with homicide perpetrated on the occasion or by reason of the robbery. The intent to commit robbery must precede the taking of human life. The homicide may take place before, during or after the robbery. It is only the result obtained, without reference or distinction as to the circumstances, causes or modes or persons intervening in the commission of the crime that has to be taken into consideration. There is no such felony of robbery with homicide through reckless imprudence or simple negligence. The constitutive elements of the crime, namely, robbery and homicide, must be consummated.

    Building on this principle, the Court addressed the element of asportation, which the Court of Appeals found lacking. The Supreme Court disagreed, pointing to testimonies confirming that the robbers successfully took belongings from other passengers. This established the completion of the robbery, despite any uncertainty about the taking of the deceased’s bag. The Court clarified that as long as a homicide occurs by reason or on the occasion of the robbery, the crime is considered robbery with homicide, irrespective of who the actual robbery victim was.

    Furthermore, the Court reinforced the doctrine of conspiracy in robbery with homicide cases. As articulated in People v. Quemeggen, et al., all individuals who conspire to commit robbery with homicide are equally guilty as principals, even if they did not directly participate in the killing. This is premised on the understanding that co-conspirators adopt the criminal designs of one another, and once the conspiracy materializes, individual culpability is indivisible.

    In essence, if a homicide is committed to facilitate the robbery, aid in the escape, preserve the loot, prevent discovery, or eliminate witnesses, it is deemed connected to the robbery. The physical location of the homicide relative to the robbery is irrelevant, as long as there is a clear nexus between the two crimes. Consequently, even if the deceased was not the primary target of the robbery, the critical factor is the intent to rob, which, once evident, makes all participants liable for any resulting deaths.

    Considering the conviction, the Supreme Court turned to the matter of damages. Referencing People v. Jugueta, the Court adjusted the award to conform to established jurisprudence. The heirs of the victim, Jovel Federeso Jacaban, were entitled to civil indemnity, moral damages, exemplary damages, and temperate damages. The Court reinstated the exemplary damages, which had been removed by the Court of Appeals, and added temperate damages. These adjustments aimed to provide fair compensation to the victim’s family, reflecting the gravity of the crime committed.

    In People v. Jugueta, the proper amounts of damages for the crime of robbery with homicide are: P75,000 as civil indemnity, P75,000 as moral damages, P75,000 as exemplary damages and P50,000 as temperate damages. Here, the CA deleted the RTC’s award of exemplary damages and increased the award of civil indemnity to P75,000. Hence, the award of exemplary damages must be reinstated, and in addition, an award of temperate damages in the amount of P50,000 must likewise be ordered.

    The Supreme Court’s decision in People v. Al Madrelejos serves as a stern reminder of the severe consequences of participating in violent crimes. It highlights that involvement in a robbery carries the risk of being held responsible for any resulting loss of life, regardless of direct involvement. This ruling not only clarifies the legal principles surrounding robbery with homicide but also emphasizes the importance of accountability and justice for victims and their families. The imposition of appropriate damages further underscores the court’s commitment to ensuring that offenders are held fully responsible for their actions.

    FAQs

    What is robbery with homicide? Robbery with homicide is a special complex crime where the intent to commit robbery results in the death of a person. The homicide must occur by reason or on the occasion of the robbery.
    What are the elements of robbery with homicide? The elements are: (1) taking of personal property with violence or intimidation; (2) the property belongs to another; (3) intent to gain; and (4) on the occasion of the robbery, homicide is committed.
    Is it necessary for the robber to directly kill the victim to be convicted of robbery with homicide? No, as long as the homicide is committed during or because of the robbery, all those involved in the robbery can be held liable for robbery with homicide, regardless of who committed the killing.
    What does asportation mean in the context of robbery? Asportation refers to the taking and carrying away of the personal property of another. It is an essential element of robbery, indicating that the perpetrator gained control and possession of the stolen item.
    What is the significance of intent to gain (animus lucrandi) in robbery cases? Intent to gain is the motive of the offender to acquire some material benefit or advantage as a result of the unlawful taking. It is a crucial element that distinguishes robbery from other crimes involving unlawful taking.
    What damages are typically awarded in a robbery with homicide case? Damages typically include civil indemnity, moral damages, exemplary damages, and temperate damages. These are awarded to compensate the victim’s family for the loss and suffering caused by the crime.
    Can someone be convicted of robbery with homicide even if the robbery was not fully completed? Yes, as long as the intent to rob is present and a homicide occurs during the attempt, the crime is still considered robbery with homicide, even if the robbers did not manage to steal all intended items.
    What is the doctrine of conspiracy in relation to robbery with homicide? The doctrine of conspiracy means that if two or more people conspire to commit robbery with homicide, all are equally responsible for the crime, regardless of their individual roles or direct participation in the killing.

    The Supreme Court’s ruling in People v. Al Madrelejos reaffirms the stringent consequences for those involved in robbery, particularly when it results in loss of life. By clarifying the indivisible nature of robbery with homicide and emphasizing the responsibility of all participants, the decision reinforces the legal framework aimed at deterring violent crimes and ensuring justice for victims. This serves as a reminder of the grave risks associated with engaging in criminal activities and the unwavering commitment of the judiciary to uphold the rule of law.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: PEOPLE OF THE PHILIPPINES, V. AL MADRELEJOS, G.R. No. 225328, March 21, 2018

  • Jurisdictional Boundaries in Labor Disputes: When Can Courts Hear Damage Claims?

    In a labor dispute involving an illegal strike, Philippine Airlines (PAL) sought damages from the Airline Pilots Association of the Philippines (ALPAP). The Supreme Court clarified that labor tribunals, not regular courts, have jurisdiction over damage claims arising from strikes due to the inherent connection to employer-employee relations. However, because PAL failed to raise its damage claims during the initial labor dispute resolution, the Court ultimately ruled that PAL could not pursue these claims separately, reinforcing the principle against splitting jurisdiction. This decision underscores the importance of raising all related issues within the primary labor dispute proceedings to avoid losing the right to claim damages.

    Turbulence in the Skies: Did an Illegal Strike Ground PAL’s Right to Damages?

    The case revolves around a strike staged by ALPAP against PAL in 1998, which the Secretary of Labor and Employment (SOLE) declared illegal. Following this declaration, PAL filed a complaint for damages against ALPAP, its officers, and members, alleging significant financial losses due to the strike, including stranded passengers and cancelled flights. The central legal question is whether labor tribunals or regular courts have jurisdiction over PAL’s claims for damages stemming from actions during the illegal strike. The Labor Arbiter (LA) and the National Labor Relations Commission (NLRC) initially dismissed PAL’s complaint, citing a lack of jurisdiction and prescription, while the Court of Appeals (CA) partially granted PAL’s petition, stating that regular courts have exclusive jurisdiction over the claim for damages.

    The Supreme Court, in resolving this issue, turned to Article 217 of the Labor Code, now Article 224, which defines the jurisdiction of Labor Arbiters and the Commission. This article specifies that labor tribunals have the authority to resolve cases involving claims for damages arising from employer-employee relationships. However, the Court acknowledged that not every claim between an employer and employee falls under the labor arbiter’s jurisdiction. Intrinsically civil disputes, even those involving employers and employees, are typically handled by regular courts. To determine jurisdiction, the Court applied the “reasonable connection rule,” stating that a claim for damages must have a reasonable causal connection with any of the claims provided for in Article 217 to be properly cognizable by the labor arbiter.

    Building on this principle, the Supreme Court disagreed with the Court of Appeals, asserting that PAL’s claim for damages did indeed have a reasonable connection to its employer-employee relationship with ALPAP. The Court emphasized that the claimed damages arose from the illegal strike and actions committed during it, which were closely related to ALPAP’s allegations of unfair labor practices against PAL. The Court referenced its previous decisions, such as Goodrich Employees Association v. Hon. Flores, which affirmed that cases involving unfair labor practices fall within the jurisdiction of labor tribunals, and that these tribunals have jurisdiction over all incidental matters connected to the main issue.

    This approach contrasts with cases where the employer-employee relationship is merely incidental to the claim. The Court reinforced the exclusive jurisdiction of labor tribunals over actions for damages arising from labor controversies, citing Holganza v. Hon. Apostol and Philippine Long Distance Telephone Company v. Free Telephone Workers Union, which held that regular courts lack jurisdiction over claims for damages arising from a labor strike. This rule applies even if the strike is deemed illegal, as highlighted in Antipolo Highway Lines Employees Union v. Hon. Aquino, where the Court determined that complaints for damages and injunction related to an illegal strike are incidents of the labor dispute and fall under the labor court’s jurisdiction.

    The Court underscored that splitting jurisdiction is not favored under the Labor Code, aligning with the principle established in earlier cases under the Industrial Peace Act. This perspective was illustrated in National Federation of Labor v. Hon. Eisma, where the Court nullified proceedings in a regular court because the complaint for damages was deeply rooted in a labor dispute. Jurisprudence dictates that if a cause of action for damages arises out of or is intertwined with an alleged unfair labor practice, the labor tribunal has exclusive jurisdiction. The Supreme Court clarified that the regular courts lacked jurisdiction over PAL’s claim for damages because it was intertwined with the labor dispute over which the SOLE had assumed jurisdiction.

    However, the Court ultimately determined that PAL could not recover the alleged damages because the SOLE had already assumed jurisdiction over the labor dispute, including all related questions and controversies. When the SOLE assumed jurisdiction on December 23, 1997, it encompassed all issues arising from the strike. Therefore, when the SOLE declared the strike illegal in its June 1, 1999 resolution, and when the Supreme Court finalized the case on April 10, 2002, the issue of damages was also deemed resolved, even if it was not explicitly addressed. Allowing PAL to recover damages through a separate complaint would sanction a relitigation of the issue, violating the proscription against split jurisdiction.

    Moreover, the Court found that PAL’s claim for damages was barred under the doctrine of immutability of final judgment, which prevents the modification of a final decision. The recovery of damages would depend on evidence from the illegal strike case, which had long attained finality. The Court stated that PAL should have asserted its claim for damages before the SOLE and, if necessary, appealed to the CA. Instead, PAL waited until after the main case had concluded, which was a grave error. The Court reinstated the LA’s decision, dismissing PAL’s complaint for lack of jurisdiction, as the SOLE had exclusive jurisdiction over the matter.

    FAQs

    What was the key issue in this case? The key issue was whether labor tribunals or regular courts have jurisdiction over claims for damages arising from an illegal strike. The Supreme Court determined that labor tribunals have jurisdiction due to the reasonable connection between the strike and the employer-employee relationship.
    What is the “reasonable connection rule”? The “reasonable connection rule” states that for a labor arbiter to have jurisdiction over a claim for damages, there must be a reasonable causal connection between the claim and the employer-employee relationship. This means the damages must arise from the employment context.
    Why was PAL’s claim for damages ultimately denied? PAL’s claim was denied because the SOLE had already assumed jurisdiction over the labor dispute, including all related issues. By failing to raise the damage claim during those proceedings, PAL was barred from pursuing it separately.
    What is the doctrine of immutability of final judgment? The doctrine of immutability of final judgment means that a decision that has become final cannot be altered or modified, even to correct errors of fact or law. This principle ensures stability and finality in legal proceedings.
    What is split jurisdiction and why is it disfavored? Split jurisdiction refers to dividing related issues in a single case between different courts or tribunals. It is disfavored because it can lead to inconsistent rulings, inefficiency, and potential injustice.
    What should PAL have done differently in this case? PAL should have asserted its claim for damages during the proceedings before the SOLE, when the SOLE assumed jurisdiction over the labor dispute. Failing to do so resulted in the claim being deemed waived.
    Does the legality of the strike affect the jurisdiction of labor tribunals? No, the legality of the strike does not change the jurisdiction of labor tribunals over claims for damages arising from it. Whether the strike is legal or illegal, the labor tribunal retains jurisdiction over the related damage claims.
    What is the role of the Secretary of Labor and Employment (SOLE) in labor disputes? The SOLE has the authority to assume jurisdiction over labor disputes that affect national interest, which includes the power to resolve all questions and controversies arising from those disputes. This authority ensures a comprehensive resolution of the issues.

    The Supreme Court’s decision in this case underscores the importance of raising all related issues, including claims for damages, within the primary labor dispute proceedings. Failure to do so may result in the loss of the right to pursue these claims separately, reinforcing the principles against splitting jurisdiction and the immutability of final judgments.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: PHILIPPINE AIRLINES, INC. vs. AIRLINE PILOTS ASSOCIATION OF THE PHILIPPINES, G.R. No. 200088, February 26, 2018

  • Circumstantial Evidence and Conspiracy in Homicide Cases: Establishing Guilt Beyond Reasonable Doubt

    The Supreme Court in Barbosa v. People affirmed the conviction of Roble and Ramdy Barbosa for homicide, emphasizing the role of circumstantial evidence and conspiracy in establishing guilt beyond reasonable doubt. The court underscored that even without direct eyewitness testimony, a series of interconnected circumstances can sufficiently prove culpability. This ruling reinforces the principle that the prosecution can secure a conviction based on a comprehensive analysis of the evidence, demonstrating a clear and logical connection between the accused’s actions and the crime committed. The decision serves as a reminder of the probative value of circumstantial evidence in criminal proceedings.

    From Business Rivalry to Fatal Gunshots: Can Circumstantial Evidence Seal a Homicide Conviction?

    The case originated from an information filed against Roble and Ramdy Barbosa for the death of Artemio Betita, Jr. The prosecution presented evidence indicating a history of rivalry between the Barbosas and the victim, culminating in a fatal shooting. The Regional Trial Court (RTC) found the Barbosas guilty of homicide, a decision later affirmed by the Court of Appeals (CA). The RTC considered several pieces of circumstantial evidence, including the proximity of their houses, business rivalry, a prior altercation, and the presence of the Barbosas armed near the crime scene shortly after the shooting. This led to the finding that they were responsible for Betita’s death.

    The Barbosas appealed, questioning the reliability of the testimony and denying the existence of a conspiracy. The Supreme Court, however, found no merit in their arguments. The Court reiterated the elements of homicide, noting that the prosecution successfully established that Artemio Betita, Jr. was killed, the accused caused his death without justification, they intended to kill him (presumed), and the killing was not qualified as murder, parricide, or infanticide. The victim’s death certificate confirmed the gunshot wound as the cause of death, and witnesses placed the Barbosas at the scene with firearms immediately after the incident.

    The Supreme Court emphasized the significance of circumstantial evidence in establishing the guilt of the accused. It reiterated that circumstantial evidence is sufficient for conviction if: (1) there is more than one circumstance; (2) the facts from which the inferences are derived are proven; and (3) the combination of all circumstances produces a conviction beyond reasonable doubt. The Court found that the circumstances presented in this case met these requisites, forming an unbroken chain that led to the logical conclusion that the Barbosas committed the crime of homicide. The Court outlined seven key pieces of circumstantial evidence.

    First, shortly before the shooting, the victim was heard muttering about envious people. Second, a man challenged the victim to come out of his house. Third, gunshots rang out immediately after the victim emerged. Fourth, the victim was found slumped on the ground with a fatal gunshot wound. Fifth, both petitioners were seen holding firearms near the crime scene. Sixth, the petitioners were inexplicably holding firearms. Seventh, they were the only individuals seen at the scene. These pieces of evidence, taken together, created a compelling inference that the Barbosas were responsible for the crime. The Court stated:

    There are several pieces of circumstantial evidence in this case that form an unbroken chain leading to a fair and logical conclusion that petitioners committed the crime of homicide.

    Moreover, the Supreme Court affirmed the lower courts’ finding of conspiracy between Roble and Ramdy Barbosa. The Court explained that conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. The evidence showed that the Barbosas, father and son, were both armed and confronted the victim together. The Court inferred that they acted in unison with the common objective of killing Artemio Betita, Jr. The Court noted their coordinated actions:

    They clearly acted in unison to achieve the common objective of killing the victim.

    The defense challenged the reliability of the witness testimony. However, the Court gave credence to the witness’s account, noting the absence of any improper motive. The Court has consistently held that the testimony of a witness should be given full faith and credence, especially when there is no showing of ill motive. In this case, the positive identification of the Barbosas as the persons last seen with the victim, combined with the circumstantial evidence, sufficiently established their guilt.

    Building on this principle, the Supreme Court addressed the issue of damages. While affirming the conviction, the Court modified the award of damages. It deleted the award of actual damages due to lack of supporting receipts, replacing it with temperate damages of P50,000.00. The Court also deleted the awards for attorney’s fees and litigation expenses, noting that these are generally not recoverable in criminal actions unless a separate civil action is filed or exemplary damages are awarded. The Court upheld the award of civil indemnity and added an award of moral damages, both in the amount of P50,000.00, in line with prevailing jurisprudence. Furthermore, the Court imposed an interest rate of 6% per annum on all damages from the date of finality of the Resolution until fully paid.

    FAQs

    What was the key issue in this case? The key issue was whether the circumstantial evidence presented by the prosecution was sufficient to prove the guilt of the accused beyond reasonable doubt for the crime of homicide.
    What is circumstantial evidence? Circumstantial evidence is indirect evidence that proves a fact in issue through inference from other proven facts. It requires the establishment of a series of facts that, when taken together, lead to a reasonable and logical conclusion about the matter in dispute.
    What are the requisites for circumstantial evidence to be sufficient for conviction? The requisites are: (1) there is more than one circumstance; (2) the facts from which the inferences are derived are proven; and (3) the combination of all circumstances is such as to produce a conviction beyond reasonable doubt.
    What is conspiracy in law? Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. It requires a common design or purpose to commit the crime.
    What is the difference between actual and temperate damages? Actual damages are compensation for pecuniary loss that must be proven with reasonable certainty, usually through receipts and other evidence. Temperate damages are awarded when some pecuniary loss has been suffered but the amount cannot be proven with certainty.
    Why were the awards for attorney’s fees and litigation expenses deleted in this case? The awards were deleted because attorney’s fees and litigation expenses are generally not recoverable in criminal actions unless a separate civil action is filed or exemplary damages are awarded, neither of which applied in this case.
    What are moral damages? Moral damages are compensation for mental anguish, serious anxiety, wounded feelings, moral shock, social humiliation, and similar injury. They are awarded to compensate for the emotional suffering caused by the wrongful act.
    What is civil indemnity? Civil indemnity is a form of damages awarded automatically to the victim (or the victim’s heirs) in criminal cases, without the need for proof of actual damages. It is intended to compensate for the fact that a crime has been committed.

    This case illustrates the crucial role of circumstantial evidence in criminal proceedings, especially when direct evidence is lacking. The Supreme Court’s decision underscores the importance of establishing a clear and logical connection between the accused’s actions and the crime through a series of proven facts. The careful consideration of evidence, coupled with the application of relevant legal principles, ensures that justice is served, even in the absence of eyewitness testimony.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: Roble Barbosa and Ramdy Barbosa, Petitioners, vs. People of the Philippines, Respondent., G.R. No. 207193, July 24, 2017