Professional Documents
Culture Documents
March 27, 2000] applicable to the present case involving a petition for
naturalization.
ONG CHIA, petitioner, vs. REPUBLIC OF THE PHILIPPINES and
THE COURT OF APPEALS, respondents. marie Rule 143 of the Rules of Court which provides that -
ISSUE
HELD
NO. The court held that the evidences are admissible. The court
noted that under Rule 143 of RRC that the rule on formal offer of
evidence (Rule 132, 34) being invoked by petitioner is clearly not
G.R. No. 107383 February 20, 1996
FACTS
ISSUE
HELD
The intimacies between husband and wife do not justify any one
of them in breaking the drawers and cabinets of the other and in
ransacking them for any telltale evidence of marital infidelity. A
person, by contracting marriage, does not shed his/her integrity
or his right to privacy as an individual and the constitutional
protection is ever available to him or to her.
Judilyn Pas-a and her first cousin, seventeen year old Kathylyn DNA evidence collected from a crime scene can link a suspect to
Uba, were on the ground floor of the house of their grandmother, a crime or eliminate one from suspicion in the same principle as
Isabel Dawang, in Liwan West, Rizal, Kalinga. They were talking fingerprints are used.26 Incidents involving sexual assault would
about the letter sent by their aunt, Luz Yatar, to her husband, leave biological evidence such as hair, skin tissue, semen, blood,
appellant Joel Yatar, through Kathylyn’s friend, Cecil Casingan. or saliva which can be left on the victim’s body or at the crime
Kathylyn handed the letter to appellant earlier that morning.3 scene. Hair and fiber from clothing, carpets, bedding, or furniture
could also be transferred to the victim’s body during the
assault.27Forensic DNA evidence is helpful in proving that there
At 9:00 a.m. of the same day, Judilyn and her husband, together was physical contact between an assailant and a victim. If
with Isabel Dawang, left for their farm. Kathylyn was left alone in properly collected from the victim, crime scene or assailant, DNA
the house. can be compared with known samples to place the suspect at the
scene of the crime.28
Wania and fifteen year old Beverly Deneng stopped by the house
of Isabel. They saw appellant at the back of the house. They went Independently of the physical evidence of appellant’s semen
inside the house through the back door of the kitchen to have a found in the victim’s vaginal canal, the trial court appreciated the
drink of water. Anita asked appellant what he was doing there, following circumstantial evidence as being sufficient to sustain a
and he replied that he was getting lumber to bring to the house of conviction beyond reasonable doubt: (1) Appellant and his wife
his mother.5 were living in the house of Isabel Dawang together with the
victim, Kathylyn Uba; (2) In June 1998, appellant’s wife left the
At 12:30 p.m., while Judilyn was on her way home from house because of their frequent quarrels; (3) Appellant received
Nagbitayan, she saw appellant descend the ladder from the from the victim, Kathylyn Uba, a letter from his estranged wife in
second floor of the house of Isabel Dawang and run towards the the early morning on June 30, 1998; (4) Appellant was seen by
back of the house.6 She later noticed appellant, who was wearing Apolonia Wania and Beverly Denneng at 1:00 p.m. of June 30,
a white shirt with collar and black pants, pacing back and forth at 1998 near the kitchen of the house of Isabel Dawang, acting
the back of the house. She did not find this unusual as appellant strangely and wearing a dirty white shirt with collar; (5) Judilyn
and his wife used to live in the house of Isabel Dawang.7 Pas-a saw appellant going down the ladder of the house of Isabel
at 12:30 p.m., wearing a dirty white shirt, and again at 1:30 p.m.,
this time wearing a black shirt; (6) Appellant hurriedly left when
At 1:30 p.m., Judilyn again saw appellant when he called her near the husband of Judilyn Pas-a was approaching; (7) Salmalina
her house. This time, he was wearing a black shirt without collar Tandagan saw appellant in a dirty white shirt coming down the
and blue pants. Appellant told her that he would not be getting the ladder of the house of Isabel on the day Kathylyn Uba was found
lumber he had stacked, and that Isabel could use it. She noticed dead; (8) The door leading to the second floor of the house of
that appellant’s eyes were "reddish and sharp." Appellant asked Isabel Dawang was tied by a rope; (9) The victim, Kathylyn Uba,
her where her husband was as he had something important to tell lay naked in a pool of blood with her intestines protruding from
him. Judilyn’s husband then arrived and appellant immediately her body on the second floor of the house of Isabel Dawang, with
left and went towards the back of the house of Isabel.8 her stained pants, bra, underwear and shoes scattered along the
periphery; (10) Laboratory examination revealed sperm in the
In the evening of the same day, Isabel Dawang arrived home and victim’s vagina (Exhibit "H" and "J"); (11) The stained or dirty
found that the lights in her house were off. She called out for her white shirt found in the crime scene was found to be positive with
granddaughter, Kathylyn Uba. She went up the ladder to the blood; (12) DNA of slide, Exhibit "J" and "H", compared with the
second floor of the house to see if Kathylyn was upstairs. She DNA profile of the appellant are identical; and (13) Appellant
found that the door was tied with a rope, so she went down to get escaped two days after he was detained but was subsequently
a knife. While she groped in the dark, she felt a lifeless body that apprehended, such flight being indicative of guilt.35
was cold and rigid.9
Circumstantial evidence, to be sufficient to warrant a conviction,
Isabel moved her hand throughout the entire body. She found out must form an unbroken chain which leads to a fair and
that it was the naked body of her granddaughter, Kathylyn. She reasonable conclusion that the accused, to the exclusion of
called for help. Judilyn and her husband arrived. Isabel was given others, is the perpetrator of the crime. To determine whether there
a flashlight by Judilyn. She focused the beam and saw Kathylyn is sufficient circumstantial evidence, three requisites must
sprawled on the floor naked, with her intestines protruding out of concur: (1) there is more than one circumstance; (2) facts on
her stomach. Meanwhile, neighbors had arrived to offer which the inferences are derived are proven; and (3) the
assistance. A daughter of Isabel, Cion, called the police.10 combination of all the circumstances is such as to produce a
conviction beyond reasonable doubt.36
At 9:00 that evening, SP04 Melchor Faniswa received a report that
a dead woman was found in Isabel Dawang’s house. Together
with fellow police officers, Faniswa went to the house and found
the naked body of Kathylyn Uba with multiple stab wounds.
ISSUE
HELD
The present case arose from a controversy involving a parcel of Private respondents should have presented other evidence to
land denominated as Lot 56 of Subdivision plan Psd-31182, sufficiently prove their allegation that Daniela, in fact, had no
located at Abelarde St., Cadiz City, Negros Occidental. The intention of disposing of her property when she executed the
subject lot, containing an area of 200 square meters, was owned subject deed of sale in favor of petitioner. As in all civil cases, the
by Daniela Solano Vda. de Tating (Daniela) as evidenced by burden is on the plaintiff to prove the material allegations of his
Transfer Certificate of Title. Daniela sold the subject property to complaint and he must rely on the strength of his evidence and
her granddaughter, herein petitioner Nena Lazalita Tating (Nena). not on the weakness of the evidence of the defendant.28 Aside
The contract of sale was embodied in a duly notarized Deed of from Daniela’s sworn statement, private respondents failed to
Absolute Sale executed by Daniela in favor of present any other documentary evidence to prove their claim.
Nena.4 Subsequently, title over the subject property was Even the testimonies of their witnesses failed to establish that
transferred in the name of Nena.5 She declared the property in her Daniela had a different intention when she entered into a contract
name for tax purposes and paid the real estate taxes due thereon of sale with petitioner.
for the years 1972, 1973, 1975 to 1986 and 1988. 6 However, the
land remained in possession of Daniela.
Carlos informed Nena that when Daniela died they discovered the
sworn statement she executed on December 28, 1977 and, as a
consequence, they are demanding from Nena the return of their
rightful shares over the subject property as heirs of Daniela. Nena
did not reply. Efforts to settle the case amicably proved futile.
Carlos and Felicidad, represented by her son Salvador, filed a
complaint with the RTC against Nena praying for the nullification
of the Deed of Absolute Sale executed by Daniela in her favor,
cancellation of the TCT issued in the name of Nena, and issuance
of a new title and tax declaration in favor of the heirs of Daniela.
Trial court held in favor the heirs of Daniela and declaring the
Deed of Sale null and void. Nena filed an appeal with the CA. The
CA rendered its Decision affirming the judgment of the RTC.
ISSUE
HELD
HELD
On the pre trial, the plaintiff and the defendant SCC Chemical
Corporation the latter acting through defendants Danilo E. Arrieta
and Pablito Bermundo agreed that the latter executed a
promissory note last December 13, 1983 for the amount of
P129,824.48 with maturity date on January 12, 1984.2
ISSUE
HELD
YES. The court held that the Court of Appeals found that SCC
failed to appear several times on scheduled hearing dates despite
due notice to it and counsel. On all those scheduled hearing
dates, petitioner was supposed to cross-examine the lone witness
offered by SIHI to prove its case. Petitioner now charges the
appellate court with committing an error of law when it failed to
disallow the admission in evidence of said testimony pursuant to
the "hearsay rule" contained in Section 36, Rule 130 of the Rules
of Court.