J.A.B. Bulao & Associates

CASE 2016-0029: PEOPLE VS. JIMMY ULANDAY (G.R. 216010, 20 APRIL 2016, PERES J.) (SUBJECT/S: RAPE; REQUISITE ELEMENTS; CIVIL INDEMNITIES; HOW MUCH CIVIL INDEMNITY, MORAL DAMAGES AND EXEMPLARY DAMAGES BE AWARDED BASED ON RECENT JURISPRUDENCE)

DISPOSITIVE:

“WHEREFORE, the Court AFFIRMS with MODIFICATION the May 23, 2014 Court of Appeals Decision in CA-G.R. CR-HC No. 05692. Appellant JIMMY ULANDAY @ “SAROY” is found GUILTY beyond reasonable doubt of the crime of Rape, and sentenced to suffer the penalty of reclusion perpetua. He is ordered to pay the victim XYZ the following: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; ( c) P75,000.00 as exemplary damages; and (d) interest of six percent (6%) per annum on all damages awarded from the date of finality of this judgment until fully paid.

 SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT ARE THE REQUISITE ELEMENTS OF THE CRIME OF RAPE?

TO BE CONVICTED OF RAPE UNDER ARTICLE 266-A PARAGRAPH 1 OF THE REVISED PENAL CODE, THE REQUISITE ELEMENTS ARE:

( 1) THAT THE OFFENDER HAD CARNAL KNOWLEDGE OF A WOMAN; AND

(2) THAT HE ACCOMPLISHED THIS ACT THROUGH FORCE, THREAT, OR INTIMIDATION; WHEN SHE WAS DEPRIVED OF REASON OR OTHERWISE UNCONSCIOUS; BY MEANS OF FRAUDULENT MACHINATION OR GRAVE ABUSE OF AUTHORITY; OR WHEN SHE WAS UNDER TWELVE (12) YEARS OF AGE OR WAS DEMENTED.

MUST THE COURT AWARD PECUNIARY LIABILITIES IN A RAPE CASE?

YES. IT IS MANDATORY.

HOW MUCH DAMAGES BE IMPOSED?

THE RECENT CASE OF PEOPLE V. JUGUETA43S INCREASED THE AMOUNTS OF CIVIL INDEMNITY, MORAL DAMAGES AND EXEMPLARY DAMAGES TO P75,000.00, P75,000.00 AND P75,000.00, RESPECTIVELY.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

SCD-2016-0029-ULANDAY

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.

CASE 2016-0028: PROSECUTOR III LEO C. TABAO VS. SHERIFF IV JOSE P. CABCABIN, ETC. (A.M. NO. P-16-3437. 20 APRIL  2016, PERALTA, J.) (SUBJECT/S: NOT SHERIFF’S DUTY TO  ACCEPT VOLUNTARY SURRENDER OF ACCUSED)

 DISPOSITIVE:

“WHEREFORE, premises considered, the Court finds respondent Sheriff IV Jose P. Cabcabin of the Office of the Clerk of Court, Regional Trial Court, Tacloban City, guilty of Simple Misconduct, and imposes a FINE of Five Thousand Pesos (P5,000.00) to be deducted from his retirement benefits. Let a copy of this decision be attached to his personal records.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

SHERIFF CABCABIN ACCEPTED THE VOLUNTARY SURRENDER OF ACCUSED. WAS HIS ACT PROPER?

NO.

THE DUTY OF A SHERIFF IS TO EXECUTE JUDGMENTS AND ORDERS. IT IS NOT ONE OF HIS DUTIES TO ENTERTAIN THE VOLUNTARY SURRENDER OF AN ACCUSED.

“The duty of a sheriff is to execute judgments and orders of a Court. Perusal of the above-quoted responsibilities pertaining to a Sheriff IV reveals that it is not one of the official duties of respondent to entertain the voluntary surrender of accused Miralles for the purpose of posting cash bond. While the said act of surrendering to respondent is not expressly mentioned, it cannot also be implied from the express duties of a Sheriff IV under the law.”

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 SCD-2016-0028-TABAO

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.

CASE 2016-0027: OFFICE OF THE COURT ADMINISTRATOR VS. JUDGE ROMEO B. CASALAN (A.M. NO. RTJ-14-2385, 20 APRIL 2016, PERALTA, J.) (SUBJECT/S: DEADLINE IN DECIDING CASES; SANCTIONS)

DISPOSITIVE:

“WHEREFORE, THE COURT FINDS JUDGE ROMEO B. CASALAN OF THE REGIONAL TRIAL COURT OF CULASI, ANTIQUE, BRANCH 13, GUILTY OF THE LESS SERIOUS CHARGES OF UNDUE DELAY IN RENDERING DECISION OR ORDER AND OF VIOLATION OF SUPREME COURT RULES AND DIRECTIVES, UNDER SECTION 9, RULE 140 OF THE RULES OF COURT. PURSUANT TO SECTION 11 OF THE SAME RULE, HE IS ORDERED TO PAY A FINE IN THE AMOUNT EQUIVALENT TO THREE (3) MONTHS’ SALARY AT THE TIME OF HIS RETIREMENT FOR UNDUE DELAY IN THE DISPOSITION OF CASES AND FOR INSUBORDINATION, TO BE DEDUCTED FROM HIS RETIREMENT/GRATUITY BENEFITS.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT IS THE DEADLINE OF THE JUDGE IN RENDERING DECISION?

NOT MORE THAN 90 DAYS FROM THE TIME A CASE IS SUBMITTED FOR DECISION.

JUDGES ARE TO DISPOSE OF THE COURT’S BUSINESS PROMPTLY AND DECIDE CASES WITHIN THE PERIOD SPECIFIED IN THE CONSTITUTION, THAT IS, 3 MONTHS FROM THE FILING OF THE LAST PLEADING, BRIEF OR MEMORANDUM.

FAILURE TO OBSERVE SAID RULE CONSTITUTES A GROUND FOR ADMINISTRATIVE SANCTION AGAINST THE DEFAULTING JUDGE, ABSENT SUFFICIENT JUSTIFICATION FOR HIS NONCOMPLIANCE THEREWITH.

CAN A JUDGE CHOOSE HIS DEADLINE IN DECIDING CASES?

NO, UNLESS THERE IS AN EXTENSION GRANTED BY THE SUPREME COURT.

THE FAILURE TO DECIDE EVEN A SINGLE CASE WITHIN THE REQUIRED PERIOD CONSTITUTES GROSS INEFFICIENCY THAT MERITS ADMINISTRATIVE SANCTION.

WHAT IS ARE TH OBJECTIVES OF THE  DEALINE IN DECIDING CASES?

TO PRESERVE THE INTEGRITY, COMPETENCE AND INDEPENDENCE OF THE JUDICIARY AND MAKE THE ADMINISTRATION OF JUSTICE MORE EFFICIENT.

TO MINIMIZE, IF NOT TOTALLY ERADICATE, THE TWIN PROBLEMS··. OF CONGESTION AND DELAY THAT HAVE LONG PLAGUED OUR COURTS.

WHAT IS THE NATURE OF THE REQUIREMENT ON DEADLINE?

MANDATORY.

FAILURE TO DECIDE CASES WITHIN THE REGLEMENTARY PERIOD CONSTITUTES A GROUND FOR ADMINISTRATIVE LIABILITY.

EXCEPTION:  WHEN THERE ARE VALID REASONS FOR THE DELAY. 6

HOW IS THE HONOR AND INTEGRITY OF THE JUDICIAL SYSTEM  MEASURED?

BY THE FAIRNESS AND CORRECTNESS OF DECISIONS RENDERED AND BY THE EFFICIENCY WITH WHICH DISPUTES ARE RESOLVED.7

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

SCD-2016-0027-JUDGE CASALAN

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “JABBULAO AND THE TOPIC”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “JABBULAO AND FORUM SHOPPING”.