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Mag-agad nalang diay ni kung giunsa pagconstruct ang sentence. Clever husband.

By Nancy C. Carvajal, Ronnel Domingo, TJ Burgonio
Philippine Daily Inquirer

In a daring daylight attack, gunmen opened fire yesterday on the Quezon City house of Social Security System President Romulo Neri (a Bol-anon), a controversial figure of late for his role in the NBN-ZTE scandal that has entangled President Gloria Macapagal-Arroyo.

Neri told reporters he was in the shower when two vans pulled up outside his residence with a group of armed men in military uniforms who shot at his house and parked vehicle.

The gate and walls of Neri’s two-story house and his car were riddled with bullet holes but Neri and members of his household were unhurt.

Chief Inspector Jesus Bacani, head of the city’s Scene of Crimes Operatives said more than a hundred shells of M-16 rifles was recovered from the street, at the garage and on the roof.

He said the bullet hole count was close to 150. At least 50 bullet holes were found on Neri’s van. All came from M-16 rifles, Bacani said.

Chief Superintendent Elmo San Diego, head of the Quezon City Police District, said the attack occurred at about 9 a.m.

It was carried out very quickly and with precision, lasting for no more than 10 minutes, witnesses said.

A “shaken” Neri reported for work at the SSS but agreed to be interviewed while having lunch.

He said he could not imagine why he would be attacked. He said he had even earlier reduced his security staff because “I did not think there was any threat against me.”

“I have no enemies. I don’t know of anyone being angry with me,” he said.

The President condemned “in the strongest possible terms” the attack on Neri, said Press Secretary Cerge Remonde.

She also ordered the Philippine National Police to secure Neri and set up a task force to investigate the incident.

In eye of scandal

Last year, Neri was caught in the middle of the NBN-ZTE scandal in which the President’s husband and other high officials were accused of allegedly getting kickbacks from a Chinese company, ZTE Corp., in exchange for a contract to set up a national broadband network.

Let's plant more corn, paw, camote, ubi, gabi, biga, cassava, and banana and lessen our dependence on rice.

Let's hope Arroyo would still remember this project after the end of her term in 2010. Once all the lots have been bought, happy days are here again for the politicians and businessmen who will benefit most of the airport project.

Are you disappointed with Pres Gloria Arroyo?

Do you sing while taking a bath?

If you were the city mayor, how will you make Tagbilaran crime-free?

How will you solve rice shortage in the Philippines? Any innovative ideas to share?

http://www.youtube.com/watch?v=8oJ7zhduESY
China vs. Africa

If people fight over a bus seat, unsa na kaha ug yuta?

Just before John Ashcroft was being sworn in as a US senator, he met with family and friends for prayer. As they gathered around him, he saw his dad trying to get up from the couch where he sat. Since his father was in frail health, Ashcroft told him, “That’s okay, Dad. You don’t have to stand up to pray for me.” His father replied, “I’m not struggling to stand up. I’m struggling to kneel.”

His father’s effort reminds me of the exertion it sometimes takes to intercede for a fellow believer. In Colossians, Paul refers to Epaphras as a bondservant who is “always laboring fervently for you in prayers, that you may stand perfect and complete in all the will of God” (Col. 4:12). “Laboring fervently” is the translation of a Greek word from which we get our word agony. It was used of wrestlers who in the Greek gymnastic games strained to overcome an opponent.

Epaphras interceded for other believers to become mature in their walk with the Savior. Asking God to overcome obstacles to spiritual growth in the lives of others requires our concentration and discipline. Are we willing to labor “fervently” in prayer to ask God to meet the needs of our loved ones?  â€" Dennis Fisher, Our Daily Bread - www.rbc.org

The e-mail contained nothing but Bible verses, and it came from someone I didn’t know very well at a time when there was disagreement among members of a church committee I was on. I assumed that the verses were aimed at me in an accusing way, and I was angry that someone who didn’t know all the issues involved would use Scripture to attack me.

Before I could retaliate, my husband, Jay, suggested I give her the benefit of the doubt instead of assuming the worst. “Perhaps there’s an innocent explanation,” he said. I couldn’t imagine what it would be, but I followed his advice and called. “Thank you so much for calling,” she said. “My computer has a virus and it spewed out e-mails using pieces of our Sunday school lesson to random people in my address book.” Gulp. I’m thankful that God used Jay to keep me from creating a problem where none existed.

By jumping to a conclusion that was logical but untrue, I came dangerously close to unnecessary conflict. The Israelites did the same thing. They were ready to go to war because they wrongly assumed that the altar built by their brothers was a sign of rebellion against God (Josh. 22:9-34). To avoid making wrong judgments, we must be careful to get the facts right.  â€" Julie Ackerman Link, Our Daily Bread

I went to a bookstore and I asked the woman behind the counter where the self-help section was. she said, "If I told you, that would defeat the whole purpose." - Brian Kiley

A rejection slip sent to a writer by a Chinese economics journal was delicately phrased as follows:

   "We read your manuscript with boundless delight. If we were to publish your paper, it would be impossible for us to publish any work of a lower standard. And as it is unthinkable that, in the next thousand years, we shall see its equal, we are, to our regret, compelled to return your divine composition and beg you a thousand times to overlook our short sight and timidity."

   English translation: "Don't ever send us this kind of rubbish again."

Opera is when a guy gets stabbed in the back, and instead of bleeding he sings. - Ed Gardner

2009 Top Ten Universities in the World

Harvard University
Cambridge University
Yale University
University College London
Imperial College London
Oxford University
University of Chicago
Princeton University
Massachusetts Institute of Technology
California Institute of Technology
Columbia University

A typhoon has made landfall in Japan for the first time in two years, causing widespread disruption.

Reports say one person has been killed and more than 20 injured in strong winds and heavy rain.

Typhoon Melor struck south-west of Tokyo on the main island of Honshu, flooding roads, uprooting trees, and ripping roofs from houses.

Many flights and train services were suspended, stranding commuters in the morning rush-hour.

The car-maker Toyota halted production at factories in central Japan. - BBC

A glass of thick, yellow human fat, marbled with blood vessels, is the latest weapon in America's war on obesity.

The new shock adverts, which are accompanied by the words "Are you pouring on the pounds?", target the billions of hidden calories which Americans consume each year in sodas and other sugary drinks.

America has a serious soda habit: residents drink 15 billion gallons of the fizzy stuff each year.

New York health officials say the images used in the new campaign are intended to be "ugly" and are designed to give people a jolt.

"We really wanted to make a statement and grab people's attention," said Cathy Nonas, director of the city health department's Physical Activity and Nutrition Programs. - BBC

Romantic idea. What is yours?
From: Country Living Magazine

A modern and water-saving faucet design. Country Living Magazine calls it "faucet with a conscience."

The US budget deficit more than tripled to a record $1.4 trillion (£877bn) in the year to 30 September, according to US Congress estimates.

Congressional analysts had previously predicted a deficit of $1.6tn but revised their latest estimate, which comes after the end of the fiscal year.

The huge deficit was put down to increased government spending and a big drop in tax revenues.

The Treasury Department will report the actual deficit later this month.

The Congressional Budget Office (CBO) said the deficit was equal to 9.9% of gross domestic product (GDP).

The previous record deficit was $459bn, set last year.

The CBO said the increased spending was due in large part to the government's Troubled Asset Relief Program, the $787bn economic stimulus and the rescue of mortgage giants Fannie Mae and Freddie Mac. -bbc

The Poet's Dream
By Percy Bysshe Shelley

        On a Poet's lips I slept
        Dreaming like a love-adept
        In the sound his breathing kept;
        Nor seeks nor finds he mortal blisses,
        But feeds on the aerial kisses
        Of shapes that haunt Thought's wildernesses.
        He will watch from dawn to gloom
        The lake-reflected sun illume
        The yellow bees in the ivy-bloom,
          Nor heed nor see, what things they be--
        But from these create he can
        Forms more real than living Man,
          Nurslings of immortality!

Nature and the Poet
By William Wordsworth

     I was thy neighbour once, thou rugged Pile!
     Four summer weeks I dwelt in sight of thee:
     I saw thee every day; and all the while
     Thy form was sleeping on a glassy sea.

     So pure the sky, so quiet was the air!
     So like, so very like, was day to day!
     Whene'er I look'd, thy image still was there;
     It trembled, but it never pass'd away.

     How perfect was the calm! It seem'd no sleep,
     No mood, which season takes away, or brings:
     I could have fancied that the mighty Deep
     Was even the gentlest of all gentle things.

     Ah! then if mine had been the painter's hand
     To express what then I saw; and add the gleam,
     The light that never was on sea or land,
     The consecration, and the Poet's dream,--

     I would have planted thee, thou hoary pile,
     Amid a world how different from this!
     Beside a sea that could not cease to smile;
     On tranquil land, beneath a sky of bliss.

     A picture had it been of lasting ease,
     Elysian quiet, without toil or strife;
     No motion but the moving tide, a breeze,
     Or merely silent Nature's breathing life.

     Such, in the fond illusion of my heart,
     Such picture would I at that time have made;
     And seen the soul of truth in every part,
     A steadfast peace that might not be betray'd.

     So once it would have been,--'tis so no more
     I have submitted to a new control:
     A power is gone, which nothing can restore;
     A deep distress hath humanised my soul.

     Not for a moment could I now behold
     A smiling sea, and be what I have been:
     The feeling of my loss will ne'er be old;
     This, which I know, I speak with mind serene.

     Then, Beaumont, Friend! who would have been the friend
     If he had lived, of him whom I deplore,
     This work of thine I blame not, but commend;
     This sea in anger, and that dismal shore.

     O 'tis a passionate work!--yet wise and well,
     Well chosen is the spirit that is here;
     That hulk which labours in the deadly swell,
     This rueful sky, this pageantry of fear!

     And this huge Castle, standing here sublime,
     I love to see the look with which it braves,
     --Cased in the unfeeling armour of old time--
     The lightning, the fierce wind, and trampling waves.

     Farewell, farewell the heart that lives alone,
     Housed in a dream, at distance from the Kind!
     Such happiness, wherever it be known,
     Is to be pitied; for 'tis surely blind.

     But welcome fortitude, and patient cheer,
     And frequent sights of what is to be borne!
     Such sights, or worse, as are before me here:
     Not without hope we suffer and we mourn.


Note: Written soon after the death, by shipwreck, of Wordsworth's brother John. This Poem should be compared with Shelley's following it. Each is the most complete expression of the innermost spirit of his art given by these great Poets:--of that Idea which, as in the case of the true Painter (to quote the words of Reynolds), "subsists only in the mind: The sight never beheld it, nor has the hand expressed it; it is an idea
residing in the breast of the artist, which he is always labouring to impart, and which he dies at last without imparting."

     A CONSOLATION
     By William Shakespeare

     When in disgrace with Fortune and men's eyes
     I all alone beweep my outcast state,
     And trouble deaf heaven with my bootless cries,
     And look upon myself, and curse my fate;

     Wishing me like to one more rich in hope,
     Featured like him, like him with friends possest,
     Desiring this man's art, and that man's scope,
     With what I most enjoy contented least;

     Yet in these thoughts my self almost despising,
     Haply I think on Thee--and then my state,
     Like to the lark at break of day arising
     From sullen earth, sings hymns at heaven's gate;

     For thy sweet love remember'd, such wealth brings
     That then I scorn to change my state with kings.

     How like a winter hath my absence been
     From Thee, the pleasure of the fleeting year!
     What freezings have I felt, what dark days seen,
     What old December's bareness everywhere!

     And yet this time removed was summer's time:
     The teeming autumn, big with rich increase,
     Bearing the wanton burden of the prime
     Like widow'd wombs after their lords' decease:

     Yet this abundant issue seem'd to me
     But hope of orphans, and unfather'd fruit;
     For summer and his pleasures wait on thee,
     And, thou away, the very birds are mute;

     Or if they sing, 'tis with so dull a cheer,
     That leaves look pale, dreading the winter's near.

Absence
By William Shakespeare

     Being your slave what should I do but tend
     Upon the hours and times of your desire?
     I have no precious time at all to spend,
     Nor services to do, till you require:

     Nor dare I chide the world-without-end hour
     Whilst I, my sovereign, watch the clock for you,
     Nor think the bitterness of absence sour
     When you have bid your servant once adieu:

     Nor dare I question with my jealous thought
     Where you may be, or your affairs suppose,
     But like a sad slave, stay and think of nought
     Save where you are, how happy you make those;--

     So true a fool is love, that in your will,
     Though you do any thing, he thinks no ill.

   

By Pumza Fihlani
BBC News, Durban

South African businessman Milton Mbele broke all the traditional rules of a polygamous wedding when he recently married four women on the same day.

The four brides dressed in flowing white gowns walked down the aisle together, before saying "We do" to the 44-year-old groom.

Mr Mbele says he didn't marry them purely for the spectacle but also because it made financial sense.

"I don't know how much four different weddings would have cost me but I know doing it all at once saved money," he explains.

"For example I only needed one tent, I needed to hire one caterer and one photographer for the entire ceremony."

"I began putting money aside for the event towards the end of 2007 and started collecting quotes for things like the tent and catering costs early last year."

He says he loves all his wives - Thobile Vilakazi, Zanele Langa, Baqinisile Mdlolo and Smangele Cele - equally and also treats them that way.

Mr Mbele himself wears four rings on his finger - he says this is a sign of his commitment to all his wives.

The wives say they were shocked by the news that Mr Mbele wanted to marry them at once but add that they agreed because they love him.

continuation...

Under Rule 133, §4 of the Rules on Evidence, cricumstantial evidence is sufficient for conviction if (a) there is more than one circumstance; (b) the facts from which the inference are derived are proven; and (c) the combination of all circumstances is such as to produce a conviction beyond reasonable doubt. As the foregoing discussion shows, these requisites have been established in this case.

Fourt. With respect to the circumstances attending the commission of the crime, the trial court correctly appreciated the qualifying circumstance of treachery against accused-appellant. To appreciate treachery, two conditions must be present: (1) the employment of means of execution that gives the person attacked np opportunity to defend himself or to retaliate and (2) the means of execution is deliberately or consciously adopted.61 Both requisites have been established in this case.

Anent the first requisite, Dr. Roldan testified that based on her findings, the victim was not in a position to fight the assailant and that she might have been stabbed while she was asleep.62 As regards the second requisite, the number and nature of the wounds sustained by the victim lead to no other conclusion thatn that accused-appellant employed means in killong the victim which tended directly and specially to ensure its execution without risk to himself arising from the defense so many wounds, a total 10, half of which were fatal, if he had not deliberately adopted such manner of attack.63 Abuse of superior strength also attended the killing since accused-appellant, a man and armed with a knife, attacked the victim, an unarmed and dfenseless woman.64 However, since abuse of superior strength is absorbed in treachery, there is no need to appreciate it separately as an independent aggravating circumstance.65

The trial court correctly held that there was no proof of evident premeditation since the requisites thereor, to wit, (a) the time when the accused determined to commit the crime; (b) an act manifestly indicating that the accused had clung to his determination; and (c) sufficient lapse of time between such determination and execution to allow him to reflect upon the consequence of his act,66 have not been established in this case.

Nor can the generic aggravating circumstance of dwelling be appreciated against accused-appellant since the latter and the victim lived in the same house.67

The aggravating circumstance of abuse of confidence, however, is present in this case. For this aggravating circumstance to exist, it is essential to show that the confidence between the parties must be immediate and personal such as would give the accused some advantage or make it easier for him to commit the criminal act. The condifence must be a means of facilitating the commission of the crim, the culprit taking advantage of the offended party's belied that the former would not abuse said confidence.68 In this case, while the victim may have intimated her fear for her safety for which reason she entrusted her jewelry and bank book to Erlinda Arrojado Magdaluyo, her fears were subsequently allayed as shown by the fact that she took back her personal effects from Erlinda.69 Thinking that accused-appellant would not do her any harm, because he was after all her first cousin, the victim allowed accused-appellant to sleep in the same room with her father and left the bedroom doors unlocked.70

The murder in this case took place after the effectivity of R.A. No. 7659 on December 31, 1993 which increased the penalty for murder from reclusion temporal maximum to death to reclusion perpetua to death. In view of the presence of the aggravating circumstance of abuse of confidence and in accordance with Art. 63(1) of the Revised Penal Code, the trial court should have imposed the penalty of death on accused-appellant. However, on December 1, 2000, the Revised Rules of Criminal Procedure took effect, requiring that every complaint or information state not only the qualifying but also the aggravating circumstances.71 This provision may be given retroactive effect in the light of the well settled rule that "statutes regulating the procedure of the court will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retroactive in that sense and to that extent."72 The aggravating circumstance of abuse of confidence not having been alleged in the information, the same therefore could not be appreciated to raise accused-appellant's sentence to death.1âwphi1.nêt

In accordance with the ruling in People v. Lucas73 that the penalty of reclusion perpetua remains indivisible notwithstanding the fixing of its duration from twenty (20) years and one (1) day to forty (40) years,74 the trial court erred in imposing on accused-appellant the penalty of 30 years of reclusion perpetua. In the with the ruling in Lucas, accused-appellant should suffer the entire extent of forty (40) years of reclusion perpetua.75

Consistent with current case law,76 the civil indemnity for the crime of murder should be reduced from P60,000.00 to P50,000.00, while the award of moral damages in the amount of P80,000.00 should be reduced to P50,000.00.

WHEREFORE, the decision of the Regional Trial Court, Branch 19, Roxas City, is AFFIRMED with the MODIFICATION that accused-appellant Salvador Arrojado is sentenced to suffer the penalty of reclusion perpetua in its entire duration and to its full extent. Furthermore, he is ordered to pay the heirs of the victim Mary Ann Arrojado the amount of P50,000.00 as civil indemnity and the further sum of P50,000.00 as moral damages and the costs.

SO ORDERED.

Bellosillo, Quisumbing, Buena.JJ: concur.

Republic of the Philippines
SUPREME COURT
Manila

SECOND DIVISION

G.R. No. 130492        January 31, 2001

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
SALVADOR ARROJADO, accused-appellant.

MENDOZA, J.:

This is appeal from the decision1 of the Regional Trial Court, Branch 19, Roxas City, finding accused-appellant Salvador Arrojado guilty of murder and sentencing him to suffer the penalty of 30 years of reclusion perpetua and to pay the amounts of P60,000.00 as civil indemnity, P80,000.00 as moral damages, and the costs to the heirs of the victim Mary Ann Arrojado.2

The Information against accused-appellant alleged:

That on or about the 1st day of June, 1996, in the City of Roxas, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a knife, with intent to kill, with treachery and evident premeditation, did then and there willfully, unlawfully, and feloniously attack, assault, and stab one Mary Ann Arrojado, on the different parts of the body, to wit:

1. Stab wound, gaping, 1.5 cm. Length with a depth of 5 cm. Located at the supra sternal area;

2. Stab wound, gaping, measuring 3 cm. in length, 10 cm. depth, directed downward 5 cm. above the left nipple area the level of midclavicular line;

3. Stab wound, elongated, gaping, measuring 2.5 cm. in length, 5.5 cm. depth, located 4 cm. above the left nipple area, midclavicular line;

4. Stab wound, elongated, gaping measuring 3 cm. in length, 18.53 cm. in depth, directed medially downward, located 3 cm. above the left nipple, midclavicular line;

5. Stab wound, elongated, gaping measuring 3 cm. in length, 10.5 cm. depth, located 3 cm. medial to the left nipple;

6. Stab wound, elongated, gaping, measuring 3.5 cm. in length, 12 cm. in depth, directed laterally downward, located, 12 cm. in depth, directed laterally downward, located 2 cm. medial to the left nipple;

7. Stab wound, elongated, gaping, measuring 3.5 cm. in length, 12 cm. in depth, directed laterally, located 2 cm. medial to the left nipple;

8. Stab wound, elongated, gaping measuring 3 cm. in length, 5.5 cm. in depth directed downward, located at the xiphoid area;

9. Stab wound, elongated gaping, measuring 3 cm. in length, 4 cm. in depth, directed medially, located 4 cm. below the left nipple;

10. Stab wound penetration, measuring 4 x 4 cm. in length with [e]visceration of the small intestine;

Thereby inflicting upon her serious and mortal wounds which were the direct and immediate cause of her death.

That by reason of the death Mary Ann Arrojado, her heirs incurred actual and moral damages which may be awarded under the Civil Code of the Philippines.

CONTRARY TO LAW.4

The information was read and explained to accused-appellant in his native dialect, after which he pleaded not guilty.5 Trial on the merits then ensued.

The evidence for the prosecution shows the following:

Accused-appellant Salvador Arrojado and the victim Mary Ann Arrojado are first cousins, their fathers being brothers. The victim's father, Alberto Arrojado, who was living in Canada, suffered a stroke for which reason he decided to come home to Roxas City and spend the remainder of his days there. The victim accompanied her father to the Philippines. They eventually settled in a house in Barangay Tanque, Roxas City, where they lived on the financial support of the victim's sister Asuncion, who continued to live in Canada, and her brother Buenaventura, who continued to live in Canada, and her brother Buenaventura, who lived in Manila.

Starting February 15, 1996, accused-appellant lived with the victim and her father. He helped care for the victim's father, for which he was paid a P1,000.00 monthly salary.6

In the early morning of June 1, 1996, accused-appellant went to the house cousin, Erlinda Arrojado Magdaluyo, and reported that the victim had committed suicide. In response, Erlinda, together with her husband Romulo Magdaluyo and her father Teodorico Arrojado, went with accused-appellant to the house in Barangay Tanwue where they found the victim dead. The victim, who was bloodied, was lying on her left side facing the bedroom door with her hands clasped together. On her bed was a rosary and a cruifix. Near her was a knife (Exh. C).7 Erlinda recognized it to be the knife kept in the kitchen. Erlinda also noticed that the electric fan was turned on full blast, while all the windows were closed except the window on the east side which was slightly open. As he went to the other room, where the victim's father stayed, accused-appellant told Erlinda that he was afraid he might be suspected as the one responsible for the victim's death.8

The matter was reported to the police which noticed that the victim's room "was very neat as if nothing happened." The police saw no signs of forcible entry.9 They made a sketch of the victim's position in relation to the whole house (Exh. D)10 and took pictures of her (Exhs. E-E-3).11

Dr. Ma. Lourdes Roldan, of the Roxas City Health Office, conducted the postmortem examination of the victim at 1:30 p.m. of June 1, 1996. Her findings revealed that the victim sustained the following stab wounds:

1. Stab wound, gaping, 1.5 cm. Length with a depth of 5 cm. Located at the supra sternal area;

2. Stab wound, gaping, measuring 3 cm. in length, 10 cm. depth, directed downward 5 cm. above the left nipple area the level of midclavicular line;

3. Stab wound, elongated, gaping, measuring 2.5 cm. in length, 5.5 cm. depth, located 4 cm. above the left nipple area, midclavicular line;

4. Stab wound, elongated, gaping measuring 3 cm. in length, 18.53 cm. in depth, directed medially downward, located 3 cm. above the left nipple, midclavicular line;

5. Stab wound, elongated, gaping measuring 3 cm. in length, 10.5 cm. depth, located 3 cm. medial to the left nipple;

6. Stab wound, elongated, gaping, measuring 3.5 cm. in length, 12 cm. in depth, directed laterally downward, located, 12 cm. in depth, directed laterally downward, located 2 cm. medial to the left nipple;

7. Stab wound, elongated, gaping, measuring 3.5 cm. in length, 12 cm. in depth, directed laterally, located 2 cm. medial to the left nipple;

8. Stab wound, elongated, gaping measuring 3 cm. in length, 5.5 cm. in depth directed downward, located at the xiphoid area;

9. Stab wound, elongated gaping, measuring 3 cm. in length, 4 cm. in depth, directed medially, located 4 cm. below the left nipple;

10. Stab wound penetration, measuring 4 x 4 cm. in length with [e]visceration of the small intestine;12

Dr. Roldan testified that the victim died at around midnight of May 31, 1996 from wound nos. 2, 4, 6, 7, and 10, which she deemed fatal.13 Thus, in the victim's death certificate (Exb. B),14 she listed "HEMORRHAGIC SHOCK as the victim's immediate cause of death and "multiple stab wounds" as the antecedent cause.

Erlinda Arrojado Magdaluyo testified that the relationship between the victim and accused-appellant had been strained as the victim constantly picked on accused-appellant even for the slighest mistake. Erlinda remembered the scolding that the victim gave accused-appellant on May 27, 1996 over the loss of keys. Accused-appellant was badly hurt by the victim's tonguelashing, according to Erlinda, and complained to the victim, "You're too much." Erlinda said she offered to take the victim in her house, but the latter refused, saying that her place was with her father. The victim entrusted, however, her jewelry and bank book with signed withdrawal slips to Erlinda. Three days later, on May 30, 1996, Erlinda returned the same and told the victim that she should no be afraid of accused-appellant because he was taking care of both her (the victim) and her father. Erlinda said she again met the victim on May 31, 1996 when she reminded the latter of their agreement to go out the following day, June 1, 1996. On that day, however, the victim was found dead.15

Another relative of accused-appellant and the victim, Thelma Arrojado, corroborated Erlinda's testimony. The father of Thelma's husband, Roque Arrojado, is a brother of the victim's father and that of accused-appellant. Thelma said that she and her husband lived at one time with the victim, and she knew the latter to be a snob ("suplada") and overly strict. Because they did not get along with the victim, Thelma and her husband eventually left. She testified that accused-appellant was angry at the victim and in fact passed by her store thrice (on May 27, 29, and 31, 1996), complaining to her of the victim's maltreatment of him.16

Accused-appellant testified in his behalf. He told the court that on June 1, 1996, at around 6:00 a.m., Alberto Arrojado asked him for food, so accused-appellant went to the kitchen to find out if the victim had already prepared breakfast. When accused-appellant found that the victim was not in the kitchen, he proceeded to the victim's room. From the doorway, he saw the victim lying on her bed, bloodied. He thought that the victim had committed suicide because the victim had told him that she felt tied down taking care of her father. She in fact once remarked that "It would be better that my father and I commit suicide." Accused-appellant said that the victim scolded him only once and that was for buying rotten cabbage.17 He said that the victim was the one who was constantly being scolded by her father who often found fault with her. When presented with the knife found on the victim's bed (Exh. C), accused-appellant admitted he was familiar with the knife as he saw the victim using it in kitchen.1âwphi1.nêt

On April 21, 1997, the trial court rendered its decision, the dispositive portion of which reads:

WHEREFORE, in view of all the foregoing, this Court finds and declares accused Salvador Arrojado GUILTY beyond reasonable doubt of the heinous crime of murder, defined and penalized by Art. 248 of the Revised Penal Code, as amended by Section 6 of Republic Act 7659, and, there being no aggravating circumstance, hereby sentences him to imprisonment of thirty (30) years of reclusion perpetua, and to indemnity the heirs of the deceased Mary Ann Arrojado in the amount of P60,000.00, pay them moral damages of P80,000.00, and pay the costs of this action.

In the service of his sentence consisting of deprivation of liberty, the accused, who is a detention prisoner and not otherwise disqualified, shall be credited with the full time of his confinement under preventive imprisonment, provided he voluntarily agrees in writing to abide by the same disciplinary rules imposed on convicted prisoners, pursuant to Art. 29 of the Revised Penal Code.

SO ORDERED.18

The trial court held that there was sufficient circumstantial evidence to convict accused-appellant for the victim's death. In its decision, the trial court said:

The accused was the only person in the world who had the strong motive to eliminate from earthly existence the deceased, who had no known enemies, as he could no longer endure the verbal abuse to which he was frequently subjected, even on trivial matters, by the deceased whom he must have perceived as his evil tormetor. Being older [but] every now and then scolded, insulted, and humiliated, he must have felt that the deceased had no respect for him as a person and elder cousin. Suicide being physically impossible and there being no shared of evidence showing that an intruder could have surreptitiously entered the house as all doors and windows were securely closed, the killing could have been done only by someone who was already inside the house. Certainly it could not have been the deceased's old and invalid father who could not stand on his own, much less walk from his room to the kitchen, get the fatal weapon, the kitchen knife, from where it was placed therein, walk to his daughter's room, and then stab her. As there were only the three of them inside the house, that leaves no one else, by the process of elimination, who could have perpetrated the dastardly act but the accused who had the only motive to do it and who was inside the house at the time of the commission of the crime. Reinforcing this conclusion is the admission of the accused that when he peeped into the room of the deceased and allegedly saw for the first time the lifeless body of the victim, he was already sure, even without going near or touching her body and asking aloud what happened to her, that she was already dead because he stabbed her not only once, but ten (10) times, inflicting five (5) mortal wounds. And he had the gall to attribute his cousin's untimely death to suivide because he could not concoct any other reason to save himself.19

Hence this appeal. Accused-appellants assigns the following errors as allegedly having been committed by the trial court:

THE REGIONAL TRIAL COURT ERRED IN FINDING THAT MARY ANN ARROJADO WAS STABBED TEN TIMES AT HER HOME.

THE REGIONAL TRIAL COURT ERRED IN RULING THAT MARY ANN ARROJADO COULD NOT HAVE COMMITTED SUICIDE.

THE REGIONAL TRIAL COURT ERRED IN FINDING THAT THE HOUSE OF MARY ANN RROJADO WAS TOTALLY CLOSED AND LOCKED AGAINST INTRUDERS.

THE REGIONAL TRIAL COURT ERRED IN FINDING THAT ACCUSED-APPELLANT WAS ABUSED AND OPPRESSED BY MARY ANN ARROJADO THAT LED ACCUSED-APPELLANT TO KILL MARY ANN ARROJADO.20

First. Accused-appellant claims that most of the victim's wounds were inflicted after she had already committed suicide to make it appear that she was murdered. He says that he saw only one wound in the victim's stomach,21 while Erlinda Arrojado Magdaluyo said she saw only two wounds, one on the victim's neck and the other in her abdomen. These are wound nos. 1 and 10 in the postmortem examination.22 Of these two, the stomach wound was fatal, according to Dr. Roldan.23 accused-appellant says that the other wounds may have been inflicted on the victim between the time the body was brought out of the house in the morning and the time Dr. Roldan examined the same at around 1:30 o'clock in the afternoon og June 1, 1996 at the De Jesus funeral parlor.24

Accused-appellant's contention has no merit. That accused-appellant only saw one wound while Erlinda Magdaluyo saw two one wound while Erlinda Magdaluyo saw two wounds on the victim does not necessarily mean that the other wounds were inflicted upon the victim afterwards. The two might have simply missed seeing the other wounds. In accused-appellant's case, it may be because he did not go inside the room but only viewed the body from a distance.25 On the other hand, while Erlinda Arrojado Magdaluyo went near the victim's chest because the latter was dressed.26 But Dr. Roldan, who conducted a postmortem examination, testified that the victim actually sustained ten wounds. Between the cursory examination of the victim by accused-appellant and Erlinda Arrojado Magdaluyo and Dr. Roldan's exhaustive examination, there is no doubt that the latter's findings are entitled to credence.

Accused-appellant also argues that the varying depths of wound nos. 2, 4, 5, 8 and 9 (10 cm., 10.5 cm., 5.5 cm., and 4 cm.) despite the fact that they had the same surface length of 3 cm. could only mean that after the victim was found dead, she was again stabbed with a knife or knives other than the one (Exh. C) found beside her.27

The contention is without merit. The variance in depth does not necessarily mean that more than one weapon was used. As has been stated:

t is not possible to determine the depth of penetration of a stab wound with any degree of accuracy, inasmuch as effusion of blood into the tissues, changes in the position of the viscera, or numerous other circumstances may alter the conditions existing at the time when the wound was inflicted. Consequently, the depth of the track at autopsy may be different from the actual penetration of the instrument at the time of the stabbing. Moreover, it is not always possible to correlate the depth of the wound with the blade of the stabbing instrument. For example, a short blade of two inches can penetrate four inches into a soft area like the thigh or through the anterior abdominal wall because the force of the thrust may dent the tissues appreciably and thus deepen the wound. Conversely, a long blade may not be thrust into its full length, and the wound may be shorter than the blade. For these reasons attempts to correlate the depth of the track and the length of the weapon should be made with caution.28

Dr. Roldan in fact testified that the kitchen knife, marked as Exh. C, could have caused all the wounds sustained by the victim.29 She also testified that the stab wounds could have all been inflicted in the span of one minute.30 Having examined no less than 100 victims of violence,31 Dr. Roldan's conclusions should be given credence.

Moreover, with the exception of wound no. 10, all the wounds were described by Dr. Roldan as "gaping." As stated in Forensic Medicine:

… An ante-mortem wound gapes; there is eversion of the edges; a large amount of blood is present, this is coagulated and infiltrating the wound; and there is swelling and signs of inflammation and repair. In a post-mortem wound there is no gaping. The bleeding is slight, if any, and it does not infiltrate the wound.32

This belies accused-appellant's theory that the victim committed suicide and that it was only after she was found dead that she was again stabbed to make it appear that she had been killed.

Nor were the bloodsstains which PO2 Orly Baril33 and Erlinda Arrojado Magdaluyo34 found on the victim's hands necessarily evidence of the victim's suicide. The bloodstains could have come from the wounds sustained by her rather than from her attempt to kill herself.

Accused-appellant also insists the victim committed suicide because she was feeling respondent over her remaining single, her lack of regular employment which made her dependent on the support of her siblings, and the responsibility of taking care of her father who had become an invalid. He cites Erlinda Arrojado Magdaluyo's testimony that the victim entrusted her jewelry and bankbook to her four days before she died.35

Erlinda, however, testified that the victim did this because she had a premonition that accused-appellant might harm her, and not became of any intimation that she (the victim) would kill herself.36

Contrary to the claim of accused-appellant that the victim was a depressed person with a low sense of self-worth, Erlinda Arrojado Magdaluyo described the victim as "a jolly person" who had many friends who go to her house. Moreover, according to Erlindam, the victim, while not earning a fixed income, was not without means of livelihood. The victim was good at cooking and took orders from neighbors. Erlinda also disclosed that on the very day the victim was found dead, she and the victim had plans to go out for relaxation.37 This negates any theory that the victim committed suicide.

Second. Somewhat inconsistently with his claim that the victim was a suicide, accused-appellant disputes the trial court's conclusion that only one of those residing in the house could have killed the victim because the police found not sign of a break-in. Accused-appellant says that in the morning of June 1, 1996, he found that the kitchen door leading outside was open.38

Accused-appellant's contention must fail. Accused-appellant admitted that it did not occur to him that an intruder was in the house in the evening of May 31, 1996 because "No person could get inside because the windows were closed and besides the doors were closed."39

Significantly, Erlinda Arrojado Magdaluyo testified that accused-appellant also said that no person could get inside the house because the doors and the windows were closed.40 Accused-appellant never told Erlinda that the kitchen door was open that morning. Indeed, Erlinda testified that "it is not possible that somebody would enter the house as the doors were securely locked… with additional barrel bolts, and the windows have grills."41

Third. Accused-appellant contends that Thelma Arrojado's testimony does not deserve consideration because, by her own admission,42 the victim's sister Asuncion asked her to testify on accused-appellant's complaints against the victim's treatment of him. He also claims that it was inconsistent for Erlinda to testify, on the one hand, that the victim was "loving friendly, and reasonable" and, on the other to say that she was strict and domineering. Accused-appellant cites the testimony of the victim's brother, Buenaventura Arrojado, that before her death the victim denied having any quarrel with accused-appellant.43

To be sure, the evaluation of the trial court of the credibility of witnesses will not be disturbed on appeal unless it is shown that it overlooked certain facts or circumstances of substance that, if considered, could have affected the outcome of case. This is because the trial court is in a better position to decide the question of credibility having heard the witnesses and observed their deportment during the trial.44 In this case, accused-appellant's contention that the testimonies of Thelma Arrojado and Erlinda Arrojado Magdaluyo are incredible is without merit. Thelma Arrojado's admission that the victim's sister Asuncion had asked her to testify does not impair her credibility. Thelma was can did enough to say that at first she was hesitant to testify because accused-appellant is also her relative. But she denied having been coached on what to say, stating that she only testified as to "what Salvador Arrojado said to me" which is that he could not bear the victim's maltreatment.45

As for Erlinda Arrojado Magdaluyo, she said that she suspected accused-appellant but she did not want to say anything until she had proof.46 She testified also that so far as she knew, only accused-appellant harbored a grudge against the victim, and that accused-appellant himdelf told her so.47 With regard to Erlinda's seemingly inconsistent description of the victim, suffice it to say that the victim's treatment of accused-appellant does not necessarily reflect her attitude and behavior toward other people.

Anent the testimony of the victim's brother, Buenaventura Arrojado, that the victim denied having any quarrel with accused-appellant when he called her up two weeks before her death,48 it is possible that the victim did not want to bother her brother who was after all too far (since he lived in Manila) to be of much help. It is only to be expected that Erlinda Arrojado Magdaluyo and Thelma Arrojdo, who lived near accused-appellant and the victim, have a much more accurate assessment of the real relationship between accused-appellant and the victim. Buenaventura Arrojado testified that it was Erlinda Arrojado Magdaluyo who told him of the alleged quarrel between the victim and accused-appellant.49

In sum, the following circumstances point to accused-appellant as the perpetrator of the crime:

1. Accused-appellant, the victim, and the latter’s father were the only ones living in the house in which the crime was committed in the evening of May 31, 1996.50

2. No one from the outside can gain entry since all doors of the house were locked and the windows had grills.51

3. Accused-appellant had access to the victim’s bedroom because the bedroom doors were left unlocked so that the victim could check on her father’s condition during the night. Accused-appellant sleeps in the same bedroom as the victim’s father.52

4. The murder weapon was a kitchen knife readily accessible to the occupants of the house.53 As the Solicitor General observed, common sense dictates that if an outsider entered the house with the intent to kill the victim, he would have brought his own weapon to ensure the execution of his purpose.54

5. None of the victim’s belongings was missing or disturbed, indicating that the motive for the crime was not gain but revenge.55

6. Judging from the number and severity of the wounds (10 stab wounds, half of which were fatal),56 the killer felt deep-seated resentment and anger toward the victim. Accused-appellant had admitted those feelings to Erlinda Arrojado Magdaluyo and Thelma Arrojado.57

7. Aside from accused-appellant, no one was known to harbor a grudge against the victim.58

8. As the Solicitor General also pointed out, accused-appellant’s behavior in the morning of June 1, 1996 was inconsistent with someone who had just found his cousin and employer, a person he claims to get along with, dead.59 By his testimony, he did not even go inside the room to check on her condition on the lame excuse that he was afraid. He also did not inform his neighbors about the incident for the equally flimsy reason that he did not know them nor did he go to the police.60

Republic of the Philippines
SUPREME COURT
Manila

SECOND DIVISION

G.R. No. 128088 & 146639        January 31, 2001

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
WILSON RONAS, accused-appellant.

MENDOZA, J.:

This is an appeal from the decision of the Regional Trial Court, Branch 23, Isabela, finding accused-appellant Wilson Ronas guilty of murder for the death of Mariano Buenaventura and frustrated murder for the wounding of Mariano's brother, Santiago Buenaventura, in San Manuel, Isabela, on December 10, 1991.

The information2 for murder alleged

That on or about the 10th day of December 1991, in the municipality of San Manuel, province of Isabela, Philippines and within the jurisdiction of this Honorable Court, the said accused, with evident premeditation and treachery, did then and there, willfully, unlawfully and feloniously, with intent to kill suddenly and unexpectedly and without giving him chance to defend himself, assault, attack and shoot for several times with a firearm one Mariano Buenaventura Jr., inflicting upon him gunshot wounds on the different parts of his body, which directly caused his death.

CONTRARY TO LAW.

On the other hand, the information3 for frustrated murder alleged

That on or about the 10th day of December 1991, in the municipality of San Manuel, province of Isabela, Philippines and within the jurisdiction of this Honorable Court, the said accused, with evident premeditation and treachery, did then and there, willfully, unlawfully and feloniously, with intent to kill, suddenly and unexpectedly and without giving him chance to defend himself, assault, attack and shoot with a firearm one Santiago Buenaventura, thus performing all the acts of execution which should have produced the crime of murder as a consequence, but nevertheless, did not produce it, by reason of causes independent of his will, that is, by the timely and able medical assistance rendered to the said Santiago Buenaventura, which prevented his death.

CONTRARY TO LAW.

Accused-appellant pleaded not guilty, whereupon he was tried. The evidence for the prosecution consisted of the testimonies of Santiago Buenaventura, Jose Buenaventura, Dr. Harry Soller, and Dr. Maximino Picio.

Santiago Buenaventura, who survived the attack, testified that he, the deceased, who was his brother, and a certain Rolando Espiritu were raising ducks, owned by his other brother, Jose Buenaventura, in San Manuel, Isabela. To keep watch of the duck farm, they built a tent where they slept at night. The tent had canvass sidings on the northern and southern side, while its western side was covered with a sack which did not touch the ground but allowed a view of the outside. The eastern side was open and served as the entrance to the tent.4

Santiago Buenaventura testified that at midnight on December 9, 1991, he, his brother Mariano, and Rolando were awakened by the noise and movements of the ducks. When they looked through the opening between the hanging sack and the ground on the western side, they saw four men, each one holding a lighted flashlight. About six meters away from their tent the four stopped. They were talking to each other, but Santiago could not understand what they were saying.5

Santiago testified that one of the men was accused-appellant. He recognized him because of the illumination provided by their flashlights. He knew accused-appellant because the latter had asked them several times for duck eggs. On three occasions, Santiago and his group obliged accused-appellant but, when he asked for the fourth time, he was told that there was none to give as the owner of the farm, Jose Buenaventura, had taken everything. This angered accused-appellant, who told Santiago and his group, "Matatapang na kayo, tingnan natin." Santiago said that he did not know who the others were.6

According to Santiago, after briefly talking to each other, accused-appellant and his companions resumed walking toward the tent and, when they were two meters from the tent, the group shouted at them, "Hoy gising, matatapang." Then the group started firing their guns at Santiago and his companions. Santiago said accused-appellant fired at him and his brother Mariano with a 22 cal. gun. The record does not show whether Santiago's other companion, Rolando, was hurt. Then the assailants fled.

Santiago went to town for help. He and his brother Mariano were taken to the hospital but the latter died an hour later.7

Santiago was treated for his injuries by Dr. Harry Soller of the Manuel A. Roxas District Hospital who found that the former had sustained gunshot wounds on the left thigh and an exit wound at the left buttock. Dr. Soller testified that Santiago's wounds could not have caused his immediate death. With respect to Mariano Buenaventura, Dr. Soller testified that the former died because of massive brain injury and multiple gunshot wounds.8 Dr. Maximino Picio, the Municipal Health Officer of Isabela, performed an autopsy on the body of Mariano. His findings showed that the fatal wounds sustained by the victim, Mariano, were those on the left parietal bone which penetrated his skull and those on the left parietal lobe of the brain.9

The last witness for the prosecution, Jose Buenaventura, testified that, on account of the death of Mariano, he incurred expenses amounting to more or less P 100,000.00. He claimed that he had lost the receipts for his expenses.10

Accused-appellant testified in his defense. He denied the allegations against him, claiming that from 7:00 in the evening of December 9, 1991 until 5:00 in the morning of December 10, 1991, he was at his grandmother's wake at District 2, San Manuel, Isabela, about one kilometer away from the place where the shooting incident occurred. He said that he played a card game, locally known as "tong-its," at the wake and that, among others, he saw barangay kagawad Larry Laureta.11 Another defense witness, Josefino Calacam, corroborated accused-appellant. He said that he was also at the wake and that he saw accused-appellant there. Calacam stated, however, that accused-appellant left between 4:30 a.m. to 5:00 a.m. of December 10, 1991.12

Accused-appellant was arrested at around 7:00 a.m. of December 10, 1991 and brought to the Municipal Hall of San Manuel, Isabela for investigation. He denied any knowledge of the shooting of the Buenaventuras. Accused-appellant said he could not remember if he signed any affidavit or statement. According to him, he was kept in the municipal jail until January 8, 1992 when he was released on recognizance. Two years later, on March 8, 1994, he was arrested for the killing of Mariano and the wounding of Santiago.13

Another defense witness was Alfred Bernardo, barangay captain of San Manuel, Isabela, at the time of the incident, and the then Barangay Councilman Felino Baldoz. Bernardo testified that the Peace and Order Committee of District 2, San Manuel, headed by Baldoz, conducted an investigation of the shooting incident,14 but found that accused-appellant had no participation in the crime because he was at the wake of his grandmother at the time. On the other hand, Baldoz testified that a certain Juan Cabanilla said he had seen Boy Madrid, Nilo Cuanan, and Gil Matias having a drinking spree on the day of the incident.15 The three, according to Baldoz, were notorious characters in the barangay. The three were hunted by the police. Matias and Cuanan were killed, but Madrid was able to escape.16

On the same day of December 11, 1991, Baldoz relayed the results of their investigation to Brgy. Capt. Bernardo, who in turn orally reported their findings to the police authorities.17 Bernardo said he later accompanied accused-appellant to Camp Melchor, Echague, Isabela where the latter was given a paraffin test and found negative for gunpowder nitrates.18

On the basis of the evidence presented by the prosecution and the defense, the trial court rendered its decision on April 1, 1996, the dispositive portion of which reads:19

AS A CONSEQUENCE OF ALL THE FOREGOING, the Court finds Wilson Ronas guilty beyond reasonable doubt of the crime of Murder provided for and penalized under Article 248 of the Revised Penal Code and hereby sentences [him] to suffer the penalty of Reclusion Perpetua; to indemnify the heirs of the victim Fifty Thousand (P50,000.00) Pesos for life and One Hundred Thousand (P100,000.00) Pesos for expenses incurred during the wake, burial and coffin of the late Mariano Buenaventura, without however subsidiary imprisonment in case of insolvency; and to pay the cost.1âwphi1.nêt

Likewise, the Court finds him guilty of the crime of Frustrated Murder beyond reasonable doubt provided for and penalized by Article 248 of the Revised Penal Code in relation to Article 50 of the same code. Applying in his favor the indeterminate sentence law, the Court condemns him to suffer imprisonment ranging from six (6) years, one (1) month and eleven (11) days of prision mayor as minimum, to twelve (12) years, five (5) months and eleven (11) days of Reclusion Temporal as maximum; to indemnify the complaining witness the sum of Twenty Five (P25, 000.00) Pesos as actual expenses in the treatment of his injury without subsidiary imprisonment in case of insolvency; and to pay the cost.

The accused, being a detention prisoner, is accredited the full term of his detention relative to the Frustrated Murder case only.

SO ORDERED.

Hence, this appeal. Accused-appellant contends that

I. THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF MURDER AND FRUSTRATED MURDER.

II. THE COURT A QUO GRAVELY ERRED IN NOT GIVING WEIGHT AND CREDENCE TO ACCUSED-APPELLANT'S ALIBI.

Accused-appellant's contentions have no merit.

First. Accused-appellant contends that the prosecution failed to establish the identity of the assailants. He claims that it was dark on the night of the incident and that the alleged assailants, who were carrying flashlights, focused them on the victims, so that when they were fired upon, Santiago and his companions could not have seen the faces of the assailants nor the type of firearms they were carrying. In addition, it is alleged that Santiago and his companions could not have seen the assailants through the gap between the hanging sack covering one side of the tent and the ground.

These contentions are without merit. The trial court correctly relied on the following testimony of the surviving victim, Santiago Buenaventura, in finding that accused-appellant was one of the three men who had attacked them in the early morning of December 10, 1991:20

COURT:

Q:       You said there were 4 persons who went to your camp that night. From what direction did they come from?

A:       They came from the west sir.

Q:       According to you, you were lying down when those 4 men arrived. Will you describe to the court how were your beds or mats were arranged at that time?

A:       We were side by side sir.

Q:       To what direction was your head pointed?

A:       Our head were pointed to the west sir.

Q:       When you noticed that your herds consisting of ducks were becoming noisy what did you do?

A:       We just observed sir.

. . . .

ATTY. ALBANO:

Q:       By the way, what you mean is your tent is made of a tolda canvass, is that right?

A:       Yes sir.

Q:       And the canvass is nailed, all the sides of the canvass is nailed to the ground where you erected your tent, is that correct?

A:       Only both sides were nailed sir, camarin type.

Q:       And the other sides, opposite two sides are open, is that correct?

A:       On the west of our tent we placed some sacks but it does not touch the ground. There is some space. (Witness demonstrating one foot).

. . . .

ATTY. ALBANO:

Q:       Now in other words you did not notice their whereabouts immediately because your sight is being obstructed by the canvass?

A:       Because the sacks that we covered do not touch the ground sir.

COURT:

Q:       How far were the accused from you when you first noticed their presence?

A:       They were quite far from us but they were already near the ducks we herd sir.

Q:       And when you noticed their presence when according to you they were very near already, what did they say or what did they do?

A:       I did not hear their conversation sir. When we saw the men nearing use we just kept on observing sir.

Q:       Who was holding the flashlight?

A:       All of them have flashlights sir.

Q:       The four of them were holding flashlights?

A:       Yes sir.

. . . .

ATTY. ALBANO:

Q:       Now when you noticed the presence of these people, what did you do? Is it not a fact that your brother and Espiritu were both asleep?

A:       We were being awakened sir.

Q:       Who awakened your brother and Espiritu?

A:       When we heard the noise of our ducks and they are coming from the west, we simultaneously awoke sir.

Q:       Despite the fact that you were awakened you were still lying down?

A:       Yes sir we were lying down and observing.

Q:       Is it not a fact that on that night it was very dark night on December 10, 1991?

A:       Yes sir.

Q:       When you were awakened you did not light any lamp or candle inside your tent?

A:       No sir because we kept on observing.

. . . .

ATTY. ALBANO:

Q:       Is it not a fact that they also focused their flashlights inside your tent?

A:       Yes sir when they fired at us that was the time they focused their flashlights to us.

Q:       And that was the first time that you noticed that they have a flashlight?

A:       When they were coming to us and stopped sir I know that they have already flashlights and that was the time I recognized Wilson Ronas.

. . . .

ATTY. ALBANO:

Q:       What I mean when you first saw them, is it not a fact that they were positioned in scattered places?

A:       No sir they were together.

Q:       They were not sporting their flashlights at the time? They were not lighting their flashlights?

A:       Their flashlights were on before sir.

Q:       And the direction of the flashlight was towards your tent, is that correct?

A:       When they were having their conversation, not yet focused to us sir.

Q:       Could you tell more or less their exact position when they were conversing?

A:       They were together in circle sir.

Q:       They were in circle position?

A:       Yes sir.

Q:       So more or less what you could see were the back of their bodies because they were in circle?

A:       Wilson Ronas was facing our tent before and their flashlights were on that is why I recognized Wilson Ronas.

Q:       But did you not say that they were in circle position and because of their position the physical appearance of one then is obstructed by the back of the body of the other member, is that correct?

A:       Because the two had their back facing our tent while the other two were facing our tent sir.

Q:       In other words you want to tell the honorable court that they were focusing their flashlights between themselves?

A:       Because the night was very dark their flashlights were open and it reflects their faces sir.

COURT:

Q:       How far were these accused from you when you allegedly recognized Wilson Ronas?

A:       From the place where I am seated to the other side of that table sir. (Witness pointing to the table of the RTC Aide which is estimated to be more or less (6) meters away.)

Q:       You want the court to understand that at that distance of 6 meters before the accused attacked, they have a conference yet?

A:       They have a short conversation.

. . . .

COURT:

Q:       Now according to you the 4 persons had a conference, two with their back at you and the two were facing you, did you come to know who were the two facing you direction?

A:       One of the two sir.

Q:       Why were you not able to recognize the other?

A:       I am not familiar with the face of the other one sir.

Q:       Yes, but it was dark according to you. You want to tell the court that at that distance of 6 meters you were able to recognize one of them?

A:       Because it was only he whom I know already sir that is why I recognized him.

. . . .

ATTY ALBANO:

Q:       Is it not a fact that the ray of the flashlight is only visible from waist down of these 4 persons that you stated?

A:       No sir because not all the flashlights were focused downwards by the reflection of the light of the flashlight.

Q:       When you say reflection, does it mean a little light or ray coming from the back of the flashlight?

A:       It came in front of the flashlight sir.

The assailants stopped within six meters of the tent where Santiago and his companions stayed. While they may have trained their flashlights on the victims' tent, there was nonetheless illumination of the place which enabled the witness to recognize accused-appellant. Thus, it has been held that "Illumination produced by kerosene lamp or a flashlight is sufficient to allow identification of persons. Wicklamps, flashlights, even moonlight or starlight may, in proper situations, be considered sufficient illumination, making the attack on the credibility of witnesses solely on that ground unmeritorious."21

Indeed, accused-appellant was known to this witness. He had been demanding duck eggs from them, and he resented it when the victims did not give him any before the incident in question.

Second. The records disclose that the incident happened between the midnight of December 9, 1991 and the wee hours of December 10, 1991. Accused-appellant claims that at that time he was at his grandmother's wake. But, as the trial court held, accused-appellant's alibi cannot prevail over his positive identification by Santiago Buenaventura. After all, the place where accused-appellant claimed to be at the time of the incident is just a kilometer away from the place of the crime and the distance could easily be negotiated by tricycle or bicycle. Alibi is an inherently weak defense. It cannot stand against the positive identification of accused-appellant. In this case, the weakness of accused-appellant's defense is compounded by the fact that it was not physically impossible for him to be present at the place where the crime was committed.

In a futile attempt to prove accused-appellant's defense of alibi, defense witness Calacam stated that he was also at the wake and that he saw accused-appellant there. However, Calacam admitted that he saw accused-appellant going from table to table between 8:00 p.m. until 11:00 p.m. of December 9, 1991. He did not know where accused-appellant went after the wake, although he said he knew that accused-appellant left between 4:30 a.m. to 5:00 a.m. of December 10, 1991. Thus, it is still possible for accused-appellant to sneak out to go to the place of the crime and afterward return to the wake or for him to commit the crime after leaving the wake. After all, the exact time of the incident cannot be determined. What is proven is that the shooting took place between midnight of December 9, 1991 and the early morning of the next day, December 10.

Third. Nor can credit be given to the testimonies of Bernardo and Baldoz that in the course of their investigation of the incident they found that the assailants were three notorious characters in the neighborhood, namely, Gil Matias, Boy Madrid, and Nilo Cuanan. Baldoz based his finding on the information allegedly given by a certain Juan Cabanilla that he saw the three suspects having a drinking spree and later on passing by his house just before the incident. This is too slender a ground on which to base a finding of liability. Not even the notoriety of the three suspects nor the fact that in a police encounter two of them were killed while one escaped prevail over the positive identification of accused-appellant as one of the assailants. Baldoz and Bernardo should have made a written report of their investigation. Their alleged oral report of the investigation to the authorities cannot be given weight.

On the other hand, the negative result of the paraffin test conducted on accused-appellant is not conclusive proof that he did not fire a gun. It is possible for a person to fire a gun and yet not have traces of nitrates or gunpowder, because he may have washed his hands or his hands may have perspired and removed traces of gunpowder.22

Fourth. The two informations filed against accused-appellant alleged treachery in the commission of the crime. This qualifying circumstance was duly proved. Santiago Buenaventura testified that the shooting incident happened so fast that he and his companions had no chance to run away. The flashlights were focused on them. Even if the victims saw accused-appellant coming, they nonetheless had no chance to escape. They could only remain quiet inside the tent. Thus, the means consciously adopted by the assailants in this case directly and specially insured the execution of the crime.23

But evident premeditation, though also alleged in the two informations against accused-appellant, cannot be appreciated, as there was no evidence that the execution of the criminal act was preceded by thought and reflection upon the resolution to carry out the criminal intent for a period of time sufficient to arrive at a calm judgment.24 Even if the assailants stopped within six meters of the place where the victims were and talked before executing their deed, this fact is insufficient to show premeditation.

For the foregoing reasons, we hold that accused-appellant is guilty of murder against Mariano Buenaventura. However, his conviction for frustrated murder for the wounding of Santiago Buenaventura could be sustained because the wounds suffered by Santiago were not fatal, and the lack of immediate medical attention would not have caused the victim's immediate death. Indeed, Santiago was even able to run to the town, about one kilometer away from the place of incident, to call for help. In the terminology of Art. 6 of the Revised Penal Code, accused-appellant did not perform all the acts of execution which would have produced the felony.25 Thus, in one case, where the victim sustained a stab wound at the right back portion of his body, this Court held:26

Although we affirm appellant's conviction of two counts of murder, we hold that under the third Information he is guilty of attempted, not frustrated, murder. While the prosecution established that there was intent to kill, it failed to present evidence showing that the wound inflicted on Cabactulan was fatal and would have caused his death had medical help not been provided. Where the wounds inflicted on the victim were not proven to be sufficient to cause his death, the crime is only attempted murder, as the accused has not performed all the acts of execution that would have brought about the victim's death.

Accordingly, the imposable penalty for the crime of attempted murder, following Art. 51 of the Revised Penal Code, is prision correccional in its maximum period to prision mayor in its medium period. Applying the Indeterminate Sentence Law, the minimum of the penalty to be imposed should be within the range of arresto mayor in its maximum period to prision correccional in its medium period, and the maximum of the penalty to be imposed should be within the range of prision correccional in its maximum period to prision mayor in its medium period. Since no generic aggravating nor mitigating circumstance attended the commission of the crime of attempted murder, the penalty should be 2 years and 4 months of prision correccional, as minimum, and 8 years of prision mayor, as maximum.

The award of damages should be modified. For the death of the victim Mariano Buenaventura, the trial court awarded P 50,000.00 as indemnity and P 100,000.00 as actual damages to the heirs of the victim. The award of P 50,000.00 as indemnity is correct. But the award of P 100,000.00 as actual damages must be deleted as there is no competent proof to support it, no receipts showing the expenses incurred during the wake and burial of the victim having been presented as required by Art. 2199 of the Civil Code.27 Jose Buenaventura claimed that he lost the receipts for expenses in connection with Mariano's burial. Under Art. 2224, temperate damages may be recovered as it cannot be denied that the heirs suffered some pecuniary loss although the exact amount cannot be proved with certainty.28 Hence, an award of P 25,000.00 by way of temperate damages would be appropriate. In addition, the heirs of the victim are entitled to moral damages in the amount of P 50,000.00.29 The purpose of making such award is not to enrich the heirs of the victim but to compensate them for injuries to their feelings.30 For the injuries sustained by Santiago Buenaventura, the trial court gave an award of P 25,000.00 for actual damages. This should be deleted for lack of evidence to support it. However, the amount of P 3,500.00 as temperate damages may be made in its place.

WHEREFORE, the decision of the Regional Trial Court, Branch 23, Isabela, is AFFIRMED with the following modifications:

1. In G.R. No. 146639 (Crim. Case No. 23-555), for the death of Mariano Buenaventura, accused-appellant is ordered to pay the heirs of the victim, in addition to the award of P 50,000.00 as civil indemnity, the amounts of P 50,000.00 as moral damages and P 25,000.00 as temperate damages. The award of P 100,000.00 as actual damages is deleted.

2. In G.R. No. 128088 (Crim. Case No. 23-554), for the injuries sustained by Santiago Buenaventura, accused-appellant is found guilty of attempted murder and is sentenced to 2 years and 4 months of prision correccional, as minimum, and 8 years of prision mayor, as maximum, and to pay Santiago Buenaventura the amount of P 3,500.00 as temperate damages.

SO ORDERED.

Bellosillo, (Chairman), Quisumbing, Buena, and De Leon, Jr., JJ., concur.

Republic of the Philippines
SUPREME COURT
Manila

SECOND DIVISION

G.R. No. 125923       January 31, 2001

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
TORADIO SILVANO, accused-appellant.

DE LEON, JR., J.:

Before us is an appeal from the Decision1 of the Regional Trial Court of Cebu City, Branch 13, in Criminal Case No. CBU-30317 convicting appellant Toradio Silvano of the crime of murder.1âwphi1.nêt

Appellant Toradio Silvano was charged with the crime of murder defined and penalized under Article 248 of the Revised Penal Code in an Information that reads:

That on April 14, 1993 at 6:30 o'clock in the evening, more or less, in Barangay Lambug, Municipality of Badian, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with deliberate intent and with evident premeditation and treachery, did then and there wilfully, unlawfully and feloniously attack, assault and hack one Ildefonso Palabrica with the use of a sharp bladed weapon, thereby hitting the latter multiple hack wounds at the back of his neck which resulted his instantaneous death.

CONTRARY TO LAW.

Upon being arraigned on July 6, 1993, appellant Toradio Silvano, assisted by his counsel, entered the plea of "Not guilty" to the Information in this case. Pre-trial was waived by the defense. Thereafter, trial on the merits ensued.

On March 20, 1995, the trial court rendered a decision finding the appellant guilty beyond reasonable doubt of the crime of murder, the dispositive portion of which reads:

WHEREFORE, in view of the foregoing, judgment is hereby rendered finding the accused TORADIO SILVANO GUILTY beyond reasonable doubt of the crime of MURDER, and sentences him to a penalty of Reclusion Perpetua.

He is directed to indemnify the heirs of Ildefonso Palabrica the sum of P50,000.00.

SO ORDERED.

Aggrieved by the decision, Toradio Silvano interposed the instant appeal.

It appears that in the late afternoon of April 14, 1993, Ildefonso Palabrica and his 15-year old son, Richard, left their house in Sitio Manay-as, Barangay Lambug, Badian, Cebu.2 Ildefonso was going to meet his wife, Leonarda, at the corner of the Green Island Beach Resort which was about one (1) kilometer away from his house.3

During the day Leonarda sold biscuits locally known as "salvaro" in the Badian Public Market. After selling her goods in the afternoon of April 14, 1993, Leonarda bought fifty (50) kilos of flour that she loaded in a tricycle en route to the corner of Green Island Beach Resort where Ildefonso would fetch her.4 After a while Leonarda spotted Ildefonso being followed by their son. She had no idea of the impending tragedy that would befall her husband.

From a distance of one hundred (100) meters, Leonarda saw her nephew, Toradio Silvano, approached Ildefonso from behind and suddenly hacked the latter on the nape with a bolo locally known as "pinute". Ildefonso staggered before he fell down on his face. Toradio sat beside the fallen victim and hacked him three (3) times before delivering another hacking blow on his forehead. Leonarda and her son Richard, who also witnessed the incident, were helpless and could only manage to cry for help.5

Richard was trailing behind his father by twenty (20) meters when Toradio emerged among the pandan plants that were growing by the roadside. After catching up with Ildefonso, Toradio suddenly delivered successive hacking blows on the nape and on the forehead of the victim.6

Incidentally, Richard's cry for help drew the attention of Arnolfo Coronel who was on his way home after gathering fodder for his cow. Arnolfo witnessed Ildefonso staggered on the road and fell down on his face after he was hacked by Toradio on the nape. Toradio turned the victim's face upward and hacked him again on the forehead.7

Leonarda, Richard and Arnolfo approached the lifeless body of Ildefonso after Toradio hurriedly left the crime scene. The head of Ildefonso was almost severed due to the wounds that he suffered on his nape.8 Jaime Silvano also arrived as he became curious upon accidentally meeting his uncle along the road carrying a bolo and was walking hurriedly while he kept looking behind him as if he was in trouble.9

Leonarda disclosed, during the trial, that her husband and the appellant had a quarrel when the latter attempted to occupy a portion of their land three (3) years before the hacking incident on April 14, 1993. Since then the two were not in good terms. On April 10, 1993, Ildefonso reprimanded Toradio for intruding into the land of Eutiquia Silvano who was an aunt of the appellant.10

Dra. Urduja Espiritu, M.D., Municipal Health Officer of Badian, Cebu conducted a post mortem examination on the cadaver of Ildefonso Palabrica. The autopsy report11 that was prepared and signed by Dra. Espiritu, shows the following findings:

FACE:

1. Lacerated wound located on the right side of the forehead 6 cm. above the right eyebrow measuring 3 cm. in length gaping about 0.5 cm. wide going deep down and cutting a little the skull surface.

2. Multiple abrasions and purple red discoloration of the skin, contusion.

EAR:

Avulsion of the inferior lobe of the R pinna.

NECK:

Multiple hack wounds from the level of the inferior portion of the ears running horizontally about 8 inches in length gaping about 1 inch wide cutting through the muscles at the back of the neck. Going down below is a portion of the skin measuring about 1 inch wide. Next to it is another hack wound gaping about 3 inches wide cutting deep down through the muscles, blood vessels and almost ½ of the depth of the cervical vertebra.

ELBOWS:

Abrasions on both sides L and R.

HANDS:

1. Lacerated wound, 2 cm. in length at the proximal 3rd of the left thumb.

2. Lacerated wound, 1 cm. in length at the distal 3rd of the left thumb.

KNEES:

Abrasions on both left and right.

PROBABLE CAUSE OF DEATH:

Hypovolemic Shock, Irreversible

Hemorrhage, Severe, External

Multiple hack wounds at the back of the neck.

Meanwhile, at 11:00 o'clock in the evening of April 14, 1993, appellant Toradio Silvano surrendered to Teofilo Delubio, a distant relative of the appellant and a barangay councilman in Barangay Lambug, Badian, Cebu. Toradio admitted that he had killed Ildefonso Palabrica for the reason that the latter allegedly took advantage of him ("gilupigan"). Consequently, Teofilo brought Toradio to the Municipal Police Station in Badian, Cebu and turned him over to Pat. Vicente Suerte, Jr. for investigation.12

Appellant Toradio Silvano admitted killing Ildefonso Palabrica in the late afternoon of April 14, 1993 but interposed self-defense. Based on his testimony, Toradio was going to fetch his wife in Badian Public Market in Badian, Cebu when he met Ildefonso in the middle of the road leading to the corner of the Green Island Beach Resort. As Toradio approached, he called Ildefonso "Santaran" which was the name he used to address the victim, and the latter merely asked what he (Toradio) wanted. Subsequently, Ildefonso attempted to stab him with a short bolo that was previously hidden behind the victim's right leg, but missed. After wresting the bolo, Toradio hacked Ildefonso successively on the forehead and on the nape causing him to stagger before falling down on his face. Thereafter, he surrendered to Teofilo Delubio who turned his person over to the police.13

Toradio also admitted that the wife of Ildefonso is a second cousin of his father. However, he denied that anyone had witnessed the incident in the late afternoon of April 14, 1993.14 He also denied harboring any grudge against the deceased victim although Toradio admitted that he regarded Ildefonso as a land grabber.15

In his Brief,16 appellant Toradio Silvano interposed the following assignments of error:

I

THE TRIAL COURT GRAVELY ERRED IN NOT GIVING EXCULPATORY WEIGHT TO THE THEORY OF SELF-DEFENSE INTERPOSED BY ACCUSED-APPELLANT.

II

THE TRIAL COURT GRAVELY ERRED IN GIVING FULL WEIGHT AND CREDENCE TO THE CONFLICTING AND CONTRADICTORY TESTIMONIES OF THE PROSECUTION WITNESSES.

III

THE TRIAL COURT GRAVELY ERRED IN APPRECIATING THE QUALIFYING CIRCUMSTANCES OF TREACHERY AND EVIDENT PREMEDITATION DESPITE FAILURE OF THE PROSECUTION TO PROVE THEIR ATTENDANCE IN THE COMMISSION OF THE CRIME CHARGED.

IV

THE TRIAL COURT GRAVELY ERRED IN APPRECIATING THE AGGRAVATING CIRCUMSTANCE OF NIGHTTIME ALTHOUGH THE HACKING INCIDENT WAS COMMITTED ON DAYTIME.

We cannot sustain appellant's plea of self-defense. By invoking self-defense, appellant Toradio Silvano admitted killing the victim, Ildefonso Palabrica. The burden is, therefore, upon him to prove the existence by clear and convincing evidence of its essential requisites which are: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself.17 He must rely on the strength of his own evidence and not on the weakness of that of the prosecution, for even if the latter were weak, it could not be disbelieved after he himself admitted the killing.18

The appellant miserably failed to discharge such burden. His uncorroborated testimony failed to prove clearly and convincingly that there was unlawful aggression on the part of his victim, Ildefonso Palabrica. To prove unlawful aggression, Toradio Silvano impressed upon the Court that he was not armed in the late afternoon of April 14, 1993. Toradio ascribed ownership of the bolo to the victim and claimed that he merely wrested it when the latter attempted to stab him in the middle of the road. If Toradio were unarmed and that he merely wrested the bolo from Ildefonso, his failure to produce the same before the police and during the trial of his case simply puzzles the Court. He cannot justify his failure to produce the bolo with the lame excuse that he threw the same at an undisclosed place. The evidence on record does not clearly show that he gave the same bits of information when he surrendered to the police.19 The bolo which allegedly belonged to the victim is a vital evidence to prove his plea of self-defense. His failure to produce the same in court impugns his credibility.

Even assuming, ex gratia arguendo, that the bolo did not belong to appellant Toradio Silvano, the Court still failed to find any justification for his act of killing the helpless victim. From appellant's own account, Ildefonso waited for him in the middle of the road that leads toward the corner of Green Island Beach Resort in Barangay Lambug, Badian, Cebu. As he approached Ildefonso, the latter asked him what he wanted. By the time he was about to pass, Ildefonso suddenly attempted to stab him, but which he was able to parry.

After successfully wresting the bolo from Ildefonso, the imminent danger on the person of the appellant ceased to exist to still warrant the application of extreme force against the victim. Admittedly, the appellant has bigger and stronger physical constitution than the victim owing to his training and knowledge in martial arts.20 Nevertheless, Toradio inflicted multiple hack blows on Ildefonso that almost decapitated his head. Apparently not satisfied, Toradio turned the fallen victim and hacked him on the forehead and other parts of the body.

Having inflicted multiple hack wounds, the appellant cannot claim that he merely intended to repel a purported attack by the victim. The multiple hack wounds unmistakably manifested a calculated pursuit of a decision to kill. Indeed, the locations, number and gravity of the wounds inflicted on the victim belie the appellant's pretensions that he acted in self-defense. Physical evidence is evidence of the highest order. It speaks more eloquently than a hundred witnesses.21

Besides, the prosecution adduced more than sufficient evidence to prove the guilt of the appellant for the crime charged in the Information beyond reasonable doubt. It has been established from the testimony of prosecution eyewitnesses Leonarda Palabrica and her son, Richard, that Ildefonso was walking along the road leading to the corner of the Green Island Beach Resort to fetch his wife. Leonarda arrived earlier and she had been waiting at their rendezvous when she spotted her approaching husband together with their son. Subsequently, Toradio appeared from the roadside and surreptitiously approached Ildefonso from behind. Suddenly, Toradio hacked the unsuspecting victim on different parts of the body that inevitably led to his death. Their eyewitness accounts were corroborated on material points by Arnolfo Coronel, whose attention was drawn to the unfolding crime by the cries of Richard Palabrica for help.

Appellant claims that the testimonies of the prosecution's alleged eyewitnesses suffer from contradictions and inconsistencies that militate against their credibility. He contends that the testimony of Leonarda Palabrica runs counter to the statement that she made in her affidavit22 that she did not witness the killing of her husband; that the attention of Arnolfo Coronel was drawn only when Richard cried for help that came after his father had already fallen to the ground;23 that Leonarda could not have possibly left the flour and other articles with her son24 for the reason that Richard and Ildefonso failed to reach their rendezvous; and that, according to Richard, Toradio bent over his father25 contrary to Leonarda's testimony that the attacker was in a sitting position as he continued to hack the victim after the latter had fallen.

The said contentions are not persuasive. After a careful scrutiny of the record, We find that the contents of the affidavit executed by Leonarda Palabrica on April 15, 1993 in connection with the death of her husband belie the appellant's misleading contention. The declarations of Leonarda in her affidavit were based on personal knowledge. Leonarda stated therein that she witnessed the killing of her husband and she emphasized that Toradio hacked Ildefonso several times even as the latter had already fallen down on his face. Whatever vagueness there may have been in the contents of her affidavit was sufficiently clarified by Leonarda on the witness stand when she explained that at the time of the execution of her affidavit she was not yet in her normal state of mind due to the killing of her husband on April 14, 1993.26 Affidavits, being ex-parte, are almost always incomplete and often inaccurate but do not really detract from the credibility of witnesses.27

The credibility of Arnolfo Coronel may not be validly impeached on the mere contention that his attention was drawn by the cries of Richard for help that came only after his father had already fallen to the ground. The evidence on record established that Toradio continued hacking Ildefonso even after the latter had fallen down to the ground. Although Arnolfo may have missed the earlier segment of the entire scenario of Ildefonso's killing, this prosecution witness positively identified the appellant during the trial as the only person who was hacking the fallen victim.

The other alleged inconsistencies in the testimonies of Leonarda Palabrica and her son, Richard, refer to minor details that do not affect either the substance of their declaration, their veracity, or the weight of their respective testimonies. These inconsistencies even tend to strengthen, rather than weaken, the credibility of witnesses as they negate any suspicion of a rehearsed testimony.28 The testimonies of the various witnesses should not be expected to be identical and coinciding with each other. It is enough that the principal points covered by such testimonies are established although they may not dovetail in all details.29

The trial court correctly appreciated treachery which qualifies the crime in this case to murder. It appears clear from the testimonies of Leonarda Palabrica and her son, Richard, that Ildefonso was completely unaware of the presence of the appellant who approached surreptitiously from behind the victim. The attack was deliberate, sudden and unexpected that denied the victim any opportunity to defend himself. The essence of treachery is the sudden and unexpected attack without the slightest provocation on the part of the person attacked.30

However, evidence is wanting to establish sufficiently the existence of the aggravating circumstance of nighttime. The appellant himself admitted that the crime occurred in the late afternoon of April 14, 1993. For nighttime to be appreciated as an aggravating circumstance, there must be a convincing showing that the accused had purposely sought such time of the day in order to facilitate the commission of the crime or to prevent its discovery or to evade the culprit's capture.31

Likewise, there is no sufficient evidence to sustain the finding of existence of the aggravating circumstance of evident premeditation. The requisites of evident premeditation are: (1) the time when the accused determined to commit the crime; (2) an act manifestly indicating that the accused has clung to his determination; and (3) a sufficient lapse of time between such determination and execution to allow him to reflect upon the consequences of his act.32 Such factual requisites clearly do not obtain in the case at bar.

On the other hand, the defense sufficiently proved the existence of the mitigating circumstance of voluntary surrender. The requisites of voluntary surrender are: (a) the offender has not been actually arrested; (b) the offender surrendered himself to a person in authority or to an agent of a person in authority; and (c) the surrender was voluntary.33 The facts of this case show that the appellant voluntarily surrendered at 11:00 o'clock in the evening to Teofilo Delubio, a barangay councilman of Barangay Lambug, Badian, Cebu on the same day that he killed the victim. Thereafter, the appellant was brought to the Badian Police Station where he remained incarcerated for investigation.

The Information in this case indicates that the crime of murder was committed by the appellant on April 14, 1993 which was before the effectivity of Republic Act No, 7659 on December 31, 1993 amending Article 248 of the Revised Penal Code on murder. Prior to its amendment the penalty for the crime of murder under Article 248 of the Revised Penal Code was reclusion temporal in its maximum period to death. Considering that the mitigating circumstance of voluntary surrender can be appreciated in favor of the appellant with no aggravating circumstance in offset, the imposable penalty is reclusion temporal in its maximum period. Applying the Indeterminate Sentence Law, the maximum penalty to be imposed on the appellant is the maximum period of reclusion temporal and the minimum shall be within the range of the penalty next lower to that prescribed by the Revised Penal Code for the offense, that is, prisio mayor.

Moral damages in the amount of P50.000.00 should be awarded on account of the mental anguish34 suffered by the widow of the victim as a result of the violent death of her husband. Actual damages in the amount of P7.000.00 is supported by evidence in the form of receipts for funeral expenses.35 The award of P50,000.00 for civil indemnity ex delicto is justified under prevailing jurisprudence.36

WHEREFORE, the appealed Decision of the Regional Trial Court, Branch 13, in Criminal Case No. CBU-30317 convicting appellant Toradio Silvano of the crime of murder is hereby AFFIRMED with the MODIFICATION that the said appellant is hereby sentenced to suffer the indeterminate penalty of imprisonment for twelve (12) years, as minimum, to seventeen (17) years, four (4) months and one (1) day, as maximum, and to pay the heirs of the victim the amount of P50,000.00 as civil indemnity ex delicto, P50,000.00 as moral damages and P7,000.00 by way of actual damages.1âwphi1.nêt

SO ORDERED.

Bellosillo, Mendoza, Quisumbing, and Buena, JJ., concur.

Can China buy America? Check this list

GI Joe, The Rise of Cobra is perhaps the worst movie ever. It only shows that no matter how much computer animation you put into the movie but without a good story/plot on it, everything would be a waste of time.

Yes, Ongbak 2 Movie was a disappointment. Poor sound editing. Poor story. Poor video editing.

Ongbak 1 was the best. No more part 3, please.

Ipaambit ang imong sugilanon sa gugma o kaha sugilanon sa gugma sa uban nga imong nahibaloan ug nadunggan sa usa lang ka paragraph. Mura ni ug Handumanan Sa Usa Ka Awit nga drama sa radyo. Pakapini pud ug Youtube video song nga haom sa maong love story kintahay.

http://www.youtube.com/watch?v=hg23WyUa1mI
Surprise Marriage Proposal

US officials are expected to announce plans that would allow illegal immigrants not considered a threat to be taken out of prisons, reports say.

The new policy would list immigrants according to the risk they may pose, the Wall Street Journal reports.

Detainees who are not criminals could be kept in hotels and nursing homes, according to leaks of the plans.

Homeland Security Secretary Janet Napolitano is expected to give details of the plans later.

Her department is hoping to cut the costs of detaining immigrants, which stood at almost $2bn (£1.3bn) in 2008. - BBC News

Saudi business tycoon Ali Al Faraj has completed his takeover of Portsmouth, acquiring a 90% stake in the club.

Sulaiman Al Fahim retains a 10% share, just six weeks after completing his own buy-out of the Premier League outfit.

"The takeover will ensure Portsmouth's future is safe and will bring financial stability," read a club statement.

"Contracts have been signed between the parties to enable funds to be released to pay the players and executive board on Tuesday."

Al Fahim's decision to sell the bulk of his shares to Falcondrone Limited, a company owned by Al Faraj, was announced late on Monday night.

Lawyers for both camps had spent most of the day locked in discussions about the future of the club after Al Fahim said he was willing to relinquish full control in the event of a suitable offer.

Australian police are gearing up for an annual crackdown on motor-racing fans - limiting race-goers to 24 cans of beer a day.

Spectators at the Bathurst 1000 - a three-day race meeting staged this week - will be told to stick to just the one "slab" of beer while at the racetrack.

Wine-drinkers must also show restraint, facing a four litres per day limit.

Police hope the limits will prevent the famous New South Wales race being blighted by alcohol-related violence.

Known as "The Great Race", the Bathurst 1000 is a 1,000km (621 mile), three-day race held annually in the town of the same name.

Boasting a long, proud history, the race - seen as the most prestigious motor event in Australia - is currently contested by teams of drivers racing powerful touring cars equipped with V8 engines.

The "one-slab" limit was first imposed in 2007, with police insisting drunken hooligans were tarnishing the reputation of the race and causing disruption in town.

Those choosing to drink lower-strength beer will be allowed to bring in 36 cans, police said. - BBC News

US chat show host David Letterman has made an on-air apology to his wife after admitting sexual relationships with female members of his staff.

CBS employee Robert "Joe" Halderman has pleaded not guilty to trying to blackmail Letterman over the affairs.

On his Monday night show, Letterman vowed to mend his relationship with his wife, Regina Lasko.

The host admitted she had been "horribly hurt" by his behaviour but the affairs were firmly in the past.

Letterman married Lasko in March but they have been together since 1986. The couple have a six year old son, Harry.

He told his audience that making it up to her was not going to be easy: "Let me tell you folks, I got my work cut out for me," - bbc

US Central Command chief, Gen David Petraeus, was successfully treated for early-stage prostate cancer this year, his office has said in a statement.

It said he was diagnosed with the illness in February and underwent two months of radiation treatment at an army hospital in Washington DC.

The treatment had "minimal impact on his work schedule", the statement said.

It added that top US officials were aware, including President Barack Obama and Defence Secretary Robert Gates.

Gen Petraeus - who is responsible for overseeing US military operations across the Middle East, Afghanistan and Central Asia - kept his illness private because he regarded it as a "personal matter" and it did not interfere with his duties, the statement said. -bbc

Three scientists who corralled light to transform our communications systems share this year's physics Nobel Prize.

Briton Charles Kao is lauded for his work in helping to develop fibre optic cables, the slender threads of glass that carry phone and net data as light.

Willard Boyle and George Smith, both North Americans, are recognised for their part in the invention of the charged coupled device, or CCD.

This light detector lies at the heart of nearly all digital cameras.

The Royal Swedish Academy of Sciences, which administers the prize, said half of the award would go to Kao, who was born in Shanghai and is a UK-US citizen.

It was his insight while working in the UK in the 1960s, said the academy, which allowed researchers to take fibre optics to a new level - to enable these thin cables to transmit light over much longer distances than had previously been possible.

Kao's team at Standard Telecommunication Laboratories in Harlow, UK, proposed the means to improve dramatically the purity - and therefore the efficiency - of the glass material used to construct the fibres.

Today, fibre optics underpin the communication age.

The hair-like cables speed data around the globe in the form of rapid pulses of light.

The modern telephony system is built on the technology, and high-speed broadband internet would not be possible without it.

The global recession provides a window of opportunity to curb climate change and build a low-carbon future, says the International Energy Agency (IEA).

It calculates that global greenhouse gas emissions will fall by 3% this year - an increase on previous estimates.

If governments take this opportunity to invest in clean technology, the global temperature rise can be kept below the G8 goal of 2C (3.6F), the agency says.

The findings were released at UN climate talks in Bangkok.

"The message is simple and stark: if the world continues on the basis of today's energy and climate policies, the consequences of climate change will be severe," said IEA executive director Nobuo Tanaka.
   
"Energy is at the heart of the problem - and so must form the core of the solution."

The recession is likely to mean emissions being 3% lower this year than last - and it will have a longer term impact, the IEA says, with emissions in 2020 projected to be 5% less than they would have been without an economic dip.

The biggest carbon cuts will come from improving energy efficiency, it says. -bbc

There are several versions of counterfeit coin puzzles where it is necessary to find the counterfeit coin, or coins, from a number of weighings. Most of these puzzles assume you have balance type scales available with two pans, where one object can be weighed against another. In this puzzle you have a single scale only with just one pan, which will weigh just one object, or group of objects at a time. You have three bags with an unspecified number of coins in each bag. One of the bags consists entirely of counterfeit coins weighing 75 grams each; the genuine coins weigh 70 grams each.

Question: What is the minimum number of weighing operations you need to carry out before you can be certain of identifying the bag of counterfeit coins?

source: Philip Carter and Ken Russell

Air Canada Tragedy

The great bathroom accident...

By Michael Buck

A Ross Township woman who keeps exotic animals as pets was killed this evening after she was attacked by her pet black bear, an official with the Pennsylvania Game Commission said.

Pennsylvania State Police said they were summoned about 5 o'clock to a home in the 7200 block of Dogwood Lane for a report of the attack. Kelly Ann Walz, 37, was found with fatal injuries she received in the attack, state police at Lehighton said.

Tim Conway, the game commission’s information educational supervisor for the northeast region, said Walz went inside the bear’s 15-by-15-foot steel and concrete cage to clean it and feed the bear.

While she was inside, the 350-pound bear turned on Walz and killed her, officials said.
Initial reports indicate a neighbor shot the bear while it was on top of Walz, Conway said.

Conway said the bear had been kept as a pet since 2000 when the owners applied for a license.

Outgoing congressman Edgar Chatto may, after all, keep his throne in the first district within the family.

The newly merged administration party Lakas-CMD-Kampi is eyeing his wife Pureza as candidate for the first district as the positioning for next year’s elections has to be finalized with the deadline for filing of candidacy on November 30 inches closer.

In the initial meeting of Bohol administration party leaders held in Manila last September 25 with President Arroyo’s political adviser Gabriel Claudio, the “Pureza for Congressman” idea came up as an option for congressman Chatto if in case his gubernatorial plan changes.

Governor Erico Aumentado, who is the Lakas-CMD-Kampi concurrent party provincial and regional committee chairman said that in the discussions for a mode in the elimination process to select the official candidate for governor, if the outcome tilts in favor of another aspirant, Vice Gov. Julius Herrera, Congressman Chatto’s wife will be offered the seat to be vacated by her husband.

But if Chatto gets the official nomination, Herrera will likewise have to switch as candidate for congressman in the first district. -Bohol Standard

Some cruise ship passengers are glad to be back in Florida after their ship collided with another one off the coast of Mexico.

Passengers aboard Carnival Legend arrived at the Port of Tampa Sunday morning. Carnival officials say the incident happened on Wednesday when their cruise ship bumped into Royal Caribbean's Enchantment of the Seas, which was docked at the Cozumel, Mexico port.

Several of the passengers on both of the ships had plenty to say about what they experienced.

Kelly Blakeney was aboard Carnival Legend and says, "Next thing I know they hit each other and I was like we hit the other ship!"

Tim Fenton was aboard Royal Caribbean's Enchantment of the Seas and says, "We were in our cabin and the boat kind of rocked, we heard a noise and when I went out. Stuff was falling in our shower." -Source

Are your eyes getting a little heavy staring at that computer screen? If so, you may be among the 34% of Americans who take a nap on a typical day. More men than women catch some shut-eye during the day (38% to 31%), but the gender gap occurs almost entirely among older adults.

While 41% of men ages 50 and older nap, only 28% of women in that age bracket do the same. There is no difference in napping habits between the sexes under the age of 50. Older Americans nap more, but only among the very old; all adults younger than age 80 nap daily at roughly the same rate. And while many may look forward to extra sleep on the weekend, there is no statistically significant difference in the prevalence of weekend versus weekday napping.Yahoo

Sony has shown off a new single-lens camera able to capture 3D images.

The majority of existing 3D set-ups use two-camera systems to record images tailored specifically for the left and right eye of the viewer.

The new camera takes a single image that is split by mirrors and recorded on two sensors, resulting in a "smoother" picture, according to Sony.

The prototype camera will be unveiled at next week's Ceatec electronics show in Tokyo, Japan. -bbc

Sen. Benigno "Noynoy" Aquino III topped the latest nationwide survey on presidentiables conducted by independent polling firm StratPOLLS Inc.

The survey, conducted September 17 to 24, showed Aquino enjoying 37 percent of electoral support, followed by Sen. Manuel Villar at 19 percent, or a whooping 18 percent difference.

Sen. Francis Escudero and former president Joseph Estrada are tied for third and fourth with 11 percent while Vice President Noli de Castro came in fifth with seven percent.

Sen. Loren Legarda and Defense Sec. Gilbert Teodoro are tied at sixth and seventh places with five percent each.
       
In the survey, the Liberal party standard-bearer got the highest votes across, and has encroached deeply into, the known geographic bailiwicks, age groups and socioeconomic classes earlier dominated by his rivals.-bohol chronicle

Image Source

"I will reveal their names in the right time," assured a lot owner at the Dampas dumpsite as she narrated that three ranking officials of the city government were allegedly involved in the overpricing of lot purchase.

The area to be acquired by the city government is a closed dumpsite as far as the Department of Environment and Natural
Resources (DENR) is concerned since open dumpsites are no longer allowed to operate under the law.

The lot owner who requested anonymity told the Chronicle she was approached several times by a city hall official who pegged the price at no less than P500 per square meter when the City Assessors Office valuation is only P70/sq.m.

He said the city hall negotiator explained the "overpriced cost has to be followed since three ranking officials were demanding commissions on the lot sale." He said the three city hall personalities are closely identified with the city mayor.

In fact, two of them has figured in controversies at the city hall.

"I will reveal their names on the right time," the lot owner committed even as he was barred from talking to the media regarding the lot deal.

The controversy on the lot acquisition in Dampas came after the majority bloc pushed for the approval of P15 million to pay a 2.5 hectare of lot now being used as a dumpsite. - Bohol Chronicle

By Kit Bagaipo

A senator has called for an independent team of policemen from Camp Crame to dig deeper into the “attempted killing of former Panglao mayor Dr. Doloreich Dumaluan last August 22.

Senator Aquilino Pimentel Jr. personally asked Deputy Director General Jefferson Soriano, PNP chief for operations, to “send a reliable team of officers of the PNP to Panglao to handle the investigation” into the shooting of Dumaluan.

Complaints have reached Pimentel, a PDP-Laban party-mate of Dumaluan, that Police Provincial Director Edgardo Ingking “is pressuring witnesses who have executed statements identifying those involved in the shooting of the former mayor”.

According to Pimentel, he received information from concerned individuals who have cast doubt on the credibility of the provincial commander to conduct an investigation due to his alleged meeting with the suspect of the shooting incident who is detained at Camp Dagohoy.

During that said meeting, SSupt. Ingking purportedly offered the suspect, Teodulo Macalandag, a lawyer after the latter already expressed willingness to reveal the truth about the shooting incident.

Ingking also barred Dumaluan from visiting the detention cell of Macalandag. This directive from the provincial police director however is being carried out by guards at the police headquarters who could not present a written order or memorandum to prevent the former mayor from entering the camp.

Pimentel said in his letter to General Soriano that the independent investigation should be made “to avoid any suspicions of a cover up and afford Dumaluan justice”.

Pimentel condemned the slay attempt on Dumaluan as he called on law enforcement authorities to solve the case with dispatch.

Dumaluan sustained a gunshot wound in his left shoulder when he was fired upon by his assailant, Macalandag, at his beach resort in Barangay Bolod.

The senator likewise decried the ineptness of law enforcers to arrest the wave of killings which reflects the deteriorating law and order situation in the country.

Please join our survey: Cesar Montano vs Julius Caesar Herrera
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Please join our advanced online voting. This thread is focused on Edgar Chatto and Cesar Montano.
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A thread focused on the candidacies of Edgar Chatto and Julius Herrera. Let's hear the people's political heartbeat.

Please tell us what this kuradang dance is.

...says one editorial... God, have mercy on our government.

To all future mothers and fathers: Will you still name your baby boy "Ondoy"?

By Dionesio C. Grava - Part-time community journalist based in Los Angeles and editorial writer at Forum Asia.

Regarding Yuko Takei's quote of the Malaya editorial touching on La Gloria's extravagance in New York and her excessive junkets with planeloads of entourage in tow as a result of which the government's calamity and contingency funds are emptied just to sustain her indecent vanity, Pedestrian Observer is accurate in characterizing Mikey Arroyo's heroics in defense of mommy dearest as sanctimonious and making too much ado about his pakitang tao - supposedly feeding the desperately hungry flood victims with soda each.

'Yan ang mga napapala natin sa mga hudas ng bayan, ninakaw lahat ang laman ng kaban-publiko dahil sa sariling kasibaan. I suggest that we include in the blame our other bloated and shameless elected officials who kowtow to the dictates and wishes of GMA as well as those who participate in raiding public coffers through secret disbursements, pork barrel allocations, needless travels overseas, etc., etc.

While this should not have been the time to be assigning blames, still the grossness of the sins committed against the people they've sworn to serve and protect simply beg to be addressed. Because of their collective abuses and wanton disregard especially to the less fortunate, we are now in an unimaginable situation wherein the government is unable to launch immediate and systematic rescue efforts. Thus we are confronted with people shivering in rooftops; men and women wading neck-deep in dirty flood water and even doing acrobatics on electric cables just to stay dry; hungry mobs fighting for meager food distributed, if any; and such other heart-rending scenes. And all this supposed leader of our banana republic did is come up with a publicity stunt -- opening the gates of Malacanang. And, yes, there's that instant, shameless calling for international assistance.

Such unprincipled actuation's may have been telegraphed to the country's official representatives abroad. For example, I attended a fund-raising event Wednesday evening held by various community organizations at the consulate general in Los Angeles. After Pete Cruz and other community personalities called attention to the fact that government agencies concerned are obviously derelict in their responses -- even the various arms of the armed forces, Cruz said, have not provided their six-by-sixes, water vehicles, helicopters, etc. to assist the flood victims immediately -- Gloria's alter-ego in this part, Consul General Mary Jo A. Bernardo-Aragon, cautioned against finger-pointing stating instead that the calamity is a wake-up call for all of us, that there's already some kind of disaster preparedness bill in congress, that we all are to blame for causing global warming. Following Aragon's line of justification, the robber barons who by their profligacy and unscrupulous ways steal clean the people's treasury including even the money reserved for this kind of calamities are not to blame because, in the first place, this kind of calamities is caused by our own carbon emissions that cause global warming. Neat alibi, huh? - blog source

The Murder of a Japanese in Ubay, Bohol Island
By Arlaine Cecile Berdin

        In response to the request of the consulate-general of Japan in the Philippines, Governor Erico Aumentado and Ubay Mayor Eutiquio Bernales are set to negotiate with the funeral parlor in Ubay to lower the accumulated charges for funeral services for a Japanese murder victim.

        The billing reportedly reached P250,000 already as of September 30.

        After receiving the letter of the consulate-general of Japan in the Philippines on October 29, Aumentado immediately called Bernales to coordinate for the planned meeting with the management of the funeral parlor.

        The consulate-general of Japan in the Philippines told the governor that he hoped the incident would not affect the relations of the two countries.

        One Joseph Cerelijia, the cousin of Japanese victim Masaki Yushimura’s live-in partner, Juliet Dumduman, now face murder raps along with his bodyguard- -Esmeraldo Chavez- -who served as accomplice.

        Cerelijia denied the accusation, saying he was not at the scene of the crime when it happened in the night of August 14.

        But Third Assistant Provincial Prosecutor Margie Tan-Alvaro found the defense of alibi as the weakest.

        Alvaro explained that for the alibi to prosper, it is not enough for the respondent to prove that he was somewhere else when the crime was committed.

        In her six-page resolution dated August 27, 2009, Alvaro recommended that a case of murder be filed against Cerelijia and Chavez before the Regional Trial Court based in Talibon.

        “He must likewise prove that he could not have been physically present at the scene of the crime or its immediate vicinity at the time of its commission. The acts before, during and after the crime clearly indicate a joint purpose, a unity of action and the concurrence of intent,” according to the assistant prosecutor.

        Police Inspector John Gelbert Basalo of the Bohol Police Provincial Office will be filing the case before the RTC in Talibon.

        Dumduman and Yushimura came home on July 14 this year to wait for the schedule that she would deliver their baby as was then nine months pregnant.

        After Yushimura’s one-week leave of absence from work expired, he returned to Japan and came back on August 7, two days after Dumduman gave birth to their baby boy.

        Dumduman’s younger sister, Rosalyn, who had helped bring Yushimura to the hospital where he died of gunshot wounds, testified that at a distance of 15 meters, she saw the suspects leaving the crime scene when it happened.

        She said both had guns in their hands.

        In the afternoon of August 14, Cerelijia was reportedly irked when Yushimura refused to put Juliet on the line when the sister of the accused, Bonifacia Hamamoto, called through cellphone from Japan.

        Juliet was having her siesta then when Cerelijia arrived at around 2 pm and Yushimura did not want her to be disturbed.

        But when the accused flared up, they were frightened and woke Juliet up.

        In their conversation, Bonifacia allegedly advised Juliet to leave Yushimura, as she commented on the actuations of the Japanese.

        At around 8 pm that day, Cerelijia and his bodyguard allegedly came and shot the victim twice while Juliet was in the kitchen and he (Yushimura) was boiling water.

        Juliet rushed to Yushimura’s location and saw him slumped on a wooden chair with blood dripping on his face.

        She noticed two persons with semblance of the two accused standing near Yushimura with guns in their hands.

        Paraffin test showed Cerelijia positive of gunpowder and Chavez negative.

        In his version of the story, Cerelijia said he was at the fishpond of Allan Templa in barangay Fatima with Chavez until 11:30that evening.

        Chavez did not submit a counter-affidavit. (AV/PGMA)

Your personal opinion: Who do you think was the best governor of Bohol ever? And why?

      Officials of the island barangay Pandanon filed a formal complaint against the municipal officials asking the Provincial Board to “reject the endorsement of Sangguniang Bayan here for disposal of public beach to the private entity.”

      In their complaint dated August 25, 2009, the complainants also asked PB to declare Getafe Municipal Resolution 82, series of 2009, a premature resolution endorsing the expanded public land to favor Antonio Ouano family.

      The complainants also wanted the disputed beach area be declared as a Community Beach so the barangay can develop it into community-based eco-tourism project.

      The complainants include barangay captain Lydia Abapo, Honorio Baculao and members of the barangay council and the respondents are Mayor Theresa Camacho and all SB members.

      The beach feud between the barangay and the Ouano family stemmed from an attempt of the latter to expand its beach resort that has been there for almost 20 years already.

      AS tourism booms, islanders led by their officials and Ouano family, operator of a beach resort in a six-hectare island barangay of Pandanon, Getafe, locked horns to possess a certain portion of the white sand beach that is now attracting foreign visitors from Cebu.

      This developed following the protest filed by barangay folks led by captain Lydia Abapo.

      Abapo sent a letter to the provincial government questioning the approval of Municipal Resolution 82 endorsing in effect the application for foreshore lease of a certain Antonio Ouano Sr.

      Earlier, In a separate petition dated April 26, 2009 signed by 707 residents, Abapo asked the Talibon based Community Environment Natural Resources Office (CENRO) headed by Officer-in-charge CENRO Alejandro Estopa to look into Ouano’s application for foreshore lease.

      Pandanon officials passed on April 11 a resolution “opposing the foreshore lease application (FLA) of Mary  Ouano adjacent to approved FLA (VII-2)  615 of Ernesto Ouano Sr. at barangay Pandanon, Getafe, Bohol and any other application involving the same family.”

      For his part, Acting Vice-Mayor Camilo Torrefranca, in his response to Pandanon officials’s demand, questioned why SB was not the addressee nor furnished of the barangay resolution protesting the Ouano’s application for an expanded beach resort.

      But Torrefranca admitted before the committee hearing that Abapo had caused the endorsement for the SB through Vice-Mayor Cary Camacho “to fairly act immediately to help disapprove the pending application” of the Ouanos.

      But he said that the said endorsement dated April 27, 2009 was received too late by SB’s office on May 5, 2009 since SB Resolution 82, series of 2009 was already passed.

      “Do not put us in the midst of your personal conflict with the Ouano family. We are only doing what we believe is right and not dictated by anybody,” Torrefranca said.

      The barangay officials raised the concern whether or not the barangay folks must be consulted prior to the approval of SB Resolution 82, series of 2009.

      The Ouano family represented by GEtafe councilor Antonio Ouano and Antonio Ouano, Sr. said why only now that the barangay officials are very interested to develop a certain portion of the beach.

      Antonio Ouano  Sr. asked the DENR to give priority in approving their FLA for resort expansion because the Ouanos has been there on the island applying for FLA since 1980s. - Sunday Post

Mayor Diezon faces tough choice in ’10

This low profile town executive of the coastal town of Clarin personifies the dilemma of most municipal mayors when confronted with the reality of a Chatto-Herrera gubernatorial showdown. He did, in fact, face a tough choice.

Although this is one confrontation mostly awaited by the Bohol electorate (after being subjected to the politics of unification), a showdown between Cong. Edgar Chatto and V-Gov. Julius Ceasar Herrera for Bohol governor put on the spot several mayors “caught between  two loves”.

This is where Clarin Mayor Hermogenes Diezon is placed in a tight fix because according to him “both protagonists occupies a soft spot in his heart”.

But Diezon is not alone in his political misery.

Several mayors are in a similar bind and putting their cards close to their chest as to who their choice   between two formidable aspirants, is part of the hard and painful equation.

According to Mayor Diezon, the solution to the political puzzle of most mayors is when Gov. Erico Aumentado, the ruling party’s chieftain, will announce  his fair-haired boy for governor.

“That’s when we are obligated to toe the line”, Diezon said matter-of-factly.

Another big problem confronting the mayors is the choice of presidential contender.

The occasional forays of presidentiable Sen. Manuel Villar in Bohol made “stomachs of several mayors crawling with butterflies.”

The same mayors including Mayor Diezon do have problems dealing with the Villa factor as the presidential aspirant is making headway in his Bohol sorties.

Villa is a shoo-in in the hearts of most mayors because of his close affiliation with Gov. Aumentado.

When Villar was the speaker of the House, he made Aumentado one of his deputies.

There are even talks circulating around that will surely massage the ego of the governor. Talks are ripe that if he makes it again as second district congressman (of which  he is a cinch of a winner knowing the caliber of the opponent he is rumored to be pitted against), the come backing lawmaker is a strong contender to become the next  Speaker in the event of a Villar presidency.

In fact, several Bohol mayors took their oath before Villar’s Nacionalista Party only to change allegiance at the first sign of the Lakas chieftain (Aumentado) starting to crack the party whip for them to “toe the administration line”.

NO TOUGH DECISION

Another decision where the Clarin mayor  did not find it tough to decide is the matter of his own political plan after serving his last and final term as town executive.

In consultation of his ward leaders, Diezon come to the conclusion that the best option available is for him to run for vice mayor.

The decision is a welcome development to the  Clarin voting population because it will pave the way for the elevation of the well-loved V-Mayor Ray Allen Piezas as the next Clarin mayor.

Being the next vice mayor is not new to Mayor Diezon. He was once a vice mayor after the death of then mayor Saturnino Salera.

He was elected number one councilor when the mayor died catapulting him to the position of vice mayor.

LAST TERM

As he presides over the end of his term, Mayor Diezon is looking forward to completing what he has started since assuming the mayoralty in 2001.

High on top of his agenda is the completion of the Clarin Waterworks System.

An ambitious project in the annals of what legacy he is leaving to his beloved town, Mayor Diezon forged and agreement with the local Waterworks Administration (LWUA) for a joint venture to develop the water undertaking.

The LGU earmarked P300,000 for the conduct of a feasibility study to finish the joint venture to provide enough water supply for the town’s 24 barangays.

Once operational, the water project is designed for a 24-hour water service in the municipality.

The funding support is part of Clarin’s infrastructure outlay of P16,048,065.25 for the year 2008 until to date. (See Clarin’s Accomplishment Report elsewhere in this issue)

For this particular project to be finished, Gov. Erico Aumentado has pledged P 2 million.

Cong. Roberto Cajes of the second district is considered Clarin’s godfather in terms of public works.

Considered to be in the top tier of Cajes’ radar screen, Clarin was a beneficiary of P2.3 million pork barrel of the congressman.

The money was parceled to the town’s many road concreting and graveling projects.

The municipality is also a recipient of a new patrol car. It was an addition to an existing unit to compliment the town’s peace and order initiatives.

An ambulance is also due for delivery through the efforts of Cong. Cajes and Cong. Edgar Chatto.  - Sunday Post

In a bid to set the record straight, the administration of Gov. Celestino Gallares Memorial Hospital (GCGMH) broke its silence and explained why the need for an autopsy of the  two-month old baby girl who died of severe pneumonia, Dr. Edgar Pizarras, hospital spokesman, said in an exclusive interview yesterday.

This came following the alleged removal of the heart organ from a dead baby girl by “heartless” perpetrator that has caused too much heartache of the baby’s parents.

Pizarras said that Creslyn G. Lamoste, 2-month old, admitted at the hospital on Sept. 21, 2009 and she died at around 7:35 AM two days after due to what he called “pediatric community acquired pneumonia D, Sepsis.” The baby girl had also suffered from “severe malnutrition,” he added.

Creslyn Lamoste’s death certificate issued on September 23, 2009 was signed by Catherine H. Operario, M. D., medical officer III of said hospital. The said document was received by her grandmother Olympia Lamoste.

Licensed embalmer Gelfon Dano, 27, single and resident of Ubujan district presently working at Rodan Memorial Funeral Homes, Sta., Cruz, Calape town who did the embalming of the cadaver of the dead baby, said in his affidavit that he was “surprised because there was no more heart inside.” He said he immediately informed the parents of what he uncovered.

This reportedly prompted the parents ---- Cresencio Lamoste and Adeline Gonzales Lamoste, residents of San Roque, Maribojoc town ---- to seek assistance from authorities concerned.

Pizarras said that the autopsy was done in a legal manner because CReslyn’s mother had given consent in a signed document to the doctor or pathologist, who did the autopsy. Pizarras refused to name the doctor or pathologist in removing of the heart.

He also confirmed that the doctor or doctors who did the autopsy had taken samples or specimens from kidney, liver, and lungs of the dead baby.

He said this is like a standard operating procedure in taking specimens from the cadaver when autopsied considering that GCGMH is a training hospital.

It appeared that gathering specimens is a must-do for a training facility like the GCGMH or any government-run hospital to sustain or maintain its status and accreditation, he said.

He said that the parents were apprised when they sign the consent for the autopsy procedure. But he said that the way it was explained about the procedure of autopsy may not be thoroughly elaborated especially the taking of the heart organ.

He said when the news broke into the air last week the hospital did not answer immediately on queries because, as spokesman, he has to meet first the doctors concerned.

He said that the hospital has yet to receive complaints arising from the incident as of presstime yesterday but it will prepare to face and answer them. (RVO)

I can't imagine people can do like this. So young, so corrupt.

By Anne Harding Anne Harding

NEW YORK (Reuters Health) â€" Older women may complain about their sleepless nights more than men do, but new research shows they're actually catching more Z's.

Meanwhile, older men say their sleep is more restful than it really is. "Men completely, and much more than women, overestimate the quality of their sleep," Dr. Henning Tiemeier of Erasmus Medical Center in Rotterdam, The Netherlands, who led the study, told Reuters Health.

In fact, he added, it's not so much that women grumble more about their restless nights, but that they're simply more accurate in describing them.

Women of all ages are more likely to say they have insomnia and other sleep problems than men, Tiemeier and his colleagues note in the journal SLEEP. But studies looking at gender differences in sleep have had mixed results.

Gapuli-puli man lang ni anak ug amahan sa paglubog sa kahayay sa Third District sa Bohol. Sakto ba ni alang sa mga Bol-anon nga mobalik na sab ang amahan nga si Eladio Jala pagdagan isip Congressman sa Third District sa Bohol?

Daghang nag-ingon nga, sama sa iyang amahan, walay nabuhat. Sakto ba ang maong pagtuo nga walay nabuhat si Adam Jala?

Bohol Gov. Erico Aumentado will end his term next year and the governor has officially declared his ambition to return to the second district as candidate for congressman. Question: Aumentado held for 3 terms the congressional post at the second district of Bohol, and now at the end of his gubernatorial career he is returning to his turf, maayo ba kini? Angayan kaha nga mopahulay nalang si Gov. ug tagaan niya ug higayon ang uban nga mamunuan sa maong distrito?

Unsa ang imong panahom mahitungod niini?

“Top 20 law schools in the Philippines in terms of their percentile passing rate.”

These schools were Ateneo de Manila University, San Beda College, University of the Philippines, Far Eastern University-DLSU (Juris Doctor-MBA), Ateneo de Davao University, University of San Carlos, University of Santo Tomas, University of Cebu, University of Perpetual Help-Rizal and Arellano University.

Also listed were the Xavier University, Far Eastern University, Pamantasan ng Lungsod ng Maynila, University of San Agustin, University of Batangas, Palawan State University, Polytechnic University of the Philippines, Saint Louis University, Lyceum of the Philippines and the San Sebastian College-Recolectos de Manila. - PDI

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WHERE ARE THE AIRPORTS?
(an editorial of the Bohol Chronicle, Sept 20 2009)    

Will the proposed Panglao Bohol International Airport ever be built?

The dream remains elusive, it seems, dating back two decades, spanning the terms of Governors David Tirol, and Rene Relampagos plus the nine years of incumbent Governor Rico Aumentado. Soon, the election ban on public works bidding and projects are mandated by law.

If this project will not be realized, then Boholanos can conclude that it was just a propaganda ploy of the Arroyo administration to "reward" Bohol, being one of the top provinces who delivered a landslide victory of GMA over FPJ during the 2004 election.

Are we just being taken for a ride by politicians - long in promises and short in delivery?

The mega project which created quite a stir between both pros and cons from among the Boholano communities was perceived as a done deal when Pres. Arroyo herself came to Panglao Island to lay the corner stone and announce that the airport project will become a part of Bohol's economic landscape, being a prime tourist destination. In fact, it was during that ceremony that the President herself wanted the project to be inaugurated during her natal day in April of next year, or barely three months before ending her term as President.

That would have been symbolic and sentimental.

In fairness to the President, it was only during her term when the airport project sounded closest to the reality of taking off. Unlike in previous administrations where there were no clear cut statements on the availability of funds. But, when the economist President Arroyo said it was green light for the Panglao Airport, everyone took her economist's words that it was then really a "go" project for Bohol. Is the green light, now yellow or red.?

None of the top Bohol officials, of course, ever doubted that it was just an empty commitment of the President.

But, sad to say that nearing the end of PGMA's term, there seems to be no significant movement at all for the project since not even the bidding has been done. Whatever happened to the "creative financing" deal involving the DOTC and the receivables of Lucio Tan for PAL's use of the new NAIA? Has the P250-billion government budget deficit caught up with the high-flying promises? Have funds been re-aligned - to where?

Or were the interests of some people just to get the funding for the payment of the lots - for their own very personal reasons? If the project slows down nearing oblivion, the prices of Panglao real estate-premised on the airport erection - could plummet down. It's a food for thought - just in case people think the abortion of the airport will not be a serious economic mistake.

Knowing its impact in the tourism industry, we try not to lose hope even though technical bidding takes 30-45 days from the start of the project. Big time players as Marriot, Shangrila and the like are keeping their ears to the ground waiting if the so much propaganda will turn to reality. The new airport would indeed be a major breakthrough for tourism.

What about the other airport - just in case we are left with no other choice?

The existing Tagbilaran City Airport is a joke. It is a confirmed risk due to its limited runway and to the houses nearby the runway. The airport's appearance, as well, does not do justice to the billing of Bohol as a prime tourist destination. It is always very congested and lacks parking area.

This kind of airport would have passed scrutiny years ago when Bohol was not yet known in the country as a promising province. This is the same airport when Bohol used to land small planes like the Sunriser of PAL servicing Tagbilaran City via Cebu.

But now, seven Airbus planes are touching down daily on the same God-forsaken airport. The air-conditioned pre-departure area becomes over crowded every time a plane departs. The arrival section is armed with the tiniest of a carousel for the passengers to valiantly look for their luggage. It is both painful and funny to watch.

Now that the latest expansion programs are done, there is in turn no more parking area fronting the terminal building. Vehicles, therefore, have to line up the streets outside the airport.

What a shame to parade such an airport for a top tourist destination in the country. Boholanos deserve a new airport of international standards.

To us, it has always been a puzzle why the Government can spend millions in overseas tourism advertisement when even such prime destinations like Bohol are not ready to greet the visitors with a wide smile because even our basic facilities are not passable - or below par.

Should we judge a book by its cover? Should we judge a province by its airports?
In a tourist province like Bohol, yes we should.

Unfortunately, the present city airport is a dismal sight, poorly structured and ill-equipped. The other - somewhere in Panglao - remains a figment of the imagination. A fairy tale that may not come true.

Our politicians should wake up - the people are watching.

Local chess player will troop to the new playing venue this coming Wednesday afternoon, Sept. 23 to compete with each other in friendly games during the opening of the chess competition dubbed as "The 1st MacJac Open Chess Tournament" which will be held at the MacJac Fast Food Center located along J.S. Torralba St., this city.         

The chess event organized by the Bohol Chess Development Center (BCDC) in cooperation with Archie Sarmiento, proprietor of said business establishment offers cash prizes to the top ten winners where the champion gets the lion share of P3,000.

Runner up will receive P2,000 and P1,000 to the third placer. P500 and P300 will be given to the fourth and fifth placers respectively, while top category champions get P200 each.

Seven round Swiss System will be applied with one hour time control. Game time is set at 5 p.m. to 7 p.m. from Sept. 23 to 29. For more information kindly visit the venue and look for Agustin Penales, club manager. (Renzkie Ligan)

Basketball Association of the Philippines national office (BAP) appointed Engr. Robert T. Rio, the administrator of the Grace Christian School, to assume the leadership of the newly created position of Provincial Director of its local chapter.

The appointment came after BAP have received the endorsements from the local BAP and its affiliated league - organization members in Region VII which are the stakeholders of the national governing body for basketball. They are the Bohol Schools Amateur Athletic Association (BSAAA); Bohol Professionals Basketball League (BPBL); and the Bohol Basketball Association (BBA).

Further endorsements for Rio came from BAP National Commissioner for Referees - Technical Commission; and chairman of the BAP Accreditation/Membership Commission.

And as such Engr. Rio is tasked to coordinate with the members of the BAP Provincial Chapter and its Commissioners, responsible for training, examination, and qualification of our provincial referees, technical assistants, supervisors, instructor, and commissioners as well as preparing them for provincial, regional, and national competitions for men's and women's basketball, including all matters concerning the application of the Official Basketball Rules.

Prior to his appointment, Rio had been greatly involved in sports development, participating in the Milo Olympic, and competing in the BSAAA and the BPBL.         

Bobby, as he is fondly called, was born in Manila on Dec. 22, 1957 from parents Dr. Nelson D. Rio and the former Fe Hernandez Tormo. He finished his elementary studies at the College of the Holy Spirit (Now Holy Spirit School) in 1969.

He enrolled at the Bohol National High School in his first year as high school but in the proceeding year his father was contracted to work as emergency physician in the City of Pasadena. And at the age 13, events dictated his transfer to Temple City High School, in Southern California, U.S.A. where he pursued his high school studies. But in his senior year he came home and enrolled at the Divine Word College (now Holy Name University).

He earned his bachelor's degree in Mechanical Engineering at the University of Bohol and became an engineer in 1983.

He married his long time girl friend, Trinidad Ebsolo-Wong with whom they have three children; Cecile Faith, 21 who is nurse, Charis Faith, 19 a third year Special Education (BSSPED) student, and Robert Jr., 18 a third year Electronic and Communications Engineering (BSECE) student.

The task is not new to him because he has been actively involved in all kind of sports development. With his enthusiasm and interests to we can expect basketball to grow more in this part of the country.

BAP Bohol Chapter has all praises for the newly appointed Provincial Director and they welcome him with open arms. - the bohol chronicle

BIR District Officer Atty. Rogelio T. Balaga with recently installed assistant Revenue District Officer Tohammie L. Yahya invites all taxpayers particularly VAT taxpayers and accounting practitioners to attend a seminar on BIR Updates on Sept. 28, 2009 at JJ's Seafoods Village, this city. Topics will focus on the Rights and Obligations of Taxpayers, Oplan Kandado, Relief System/Summary Lists & Purchases (SLSP) and Letter Notice (LN).         

BIR Commissioner Sixto S. Esquivias believes in better information and better services for a better collection performance. Thus no less than the Deputy Commissioner on Operations Nelson M. Aspe will render this tax education drive with the assistance of Regional Director Rodita B. Galanto and assistant Regional Director Hermino A. Palamine of BIR Region 13, Cebu City.

Atty. Balaga hopes that the Boholano taxpaying public will again give 100% priority concern to this activity as BIRs partners in its mission of tax collection. A well educated taxpayer is a compliant taxpayer is the vision of the revenuers. For more details, dial BIR RVAT hotline Tel. No. 501-8399. (ERLomantas, BIR)- bohol chronicle

GreAtMinds' Bravehearts' Yora Dale Bongato bested 300 aspiring teens during GMA 7's Regional Auditions for this year's Starstruck V.

Last September 5-6 & 12-13, 2009 at the SM City Cebu Carpark, Yora, together with fellow Bravehearts Halcyon Abraham Ramirez, Camille Erika Berou and Rasec Marc Ortega showcased the Boholano talent amidst a crowd of mostly Cebuano audience.         

Of the 300 aspirants only 20 made it to the final call back and Bohol's very own Yora Bongato proved that Boholanos indeed got talent.

She and the rest of the finalist will undergo a week-long workshop come September 21-26 in Cebu City. Finally on September 27, still in Cebu City, Yora has yet to prove that she has what it takes to compete for Starstruck Nationals to be held in Manila.

Yora as fondly called by family and friends is a senior student at Bohol Wisdom School.

She is the 3rd child of Mrs. Zita Bongato of Cogon District this city. Yora has been actively joining Model Search, Modeling (ramp/ photo) and just recently Theater (GreAtMinds' Bravehearts: Buhi sa Kanunay). Should she make it through the Regionals, Yora will represent Bohol in the National level of Starstuck V. - bohol chronicle

By ARIEL E. FULLIDO

The big sale is back at the Island City Mall on September 25, 26, and 27 where up to 50% discounts are given away on great selections at the Home & Fashion Department and participating tenant shops.

Events will spice up the 3-Day Sale. Bossa nova diva Raffi Quijano is set to perform this Saturday, September 26, 5 PM, at the Island City Mall Activity Center. The newest addition to the roster of bossa nova artists like Sitti and Sofia, Raffi will promote her "Manila Blend" album which features pop favorites done in bossa nova way.         

Released under Viva Records, the album includes four hits, "Heavenly Crazy," "I Don't Want You To Go," "Pangako Ko Sa`Yo," and the carrier single, "Before You Say Goodbye." Her other album, "Soul of the 70's Bossa Blend," is also making waves in the airlanes and topping the charts.

Other events in the 3-Day Sale are Sunnex Cooking Demo with chefs Chef Niño Logarta of QTV 11's "Ka-Togue: Lutong Barkada" and Chef Mitchie Sison of GMA 7's Morning Show "Sis," plus the Versatile Band, this Friday, September 25, 1 PM, at the Home & Fashion Department; and a comedy show with D' Drag Queens at the Activity Center at 4 PM.

The Denim Invasion II Fashion Show with Levi's will take centerstage this Saturday, September 26, 4 PM at the Activity Center, while the Search for Miss Calendar Girl 2009 for the Month of September is on September 27 (Sunday), 5 PM, at the Island City Mall Activity Center.

By ARIEL E. FULLIDO

Entries are now accepted for the participation in the Alturas Drum and Bugle Corps Showdown 2009, scheduled at the CPG Sports Complex on November 22, this year.

Dubbed as the "greatest show in town", the Alturas Drum and Bugle Corps Showdown is now on its 22nd year of pitting the best drum and bugle corps not only in the province of Bohol, but also of other provinces as well. In recent years, contingents from General Santos City, Zamboanga del Norte, Cagayan de Oro City, Cebu City, Mandaue City, Lapu-Lapu City, Biliran Province, and Southern Leyte had already participated in the Showdown.

The main highlight of the 24th Anniversary Celebration of Alturas Supermarket, the Showdown aims to promote goodwill and encourage the development of the youth worthwhile endeavors as well as hone their potentials in music-related fields.

More than a million pesos of cash prizes and allowances are given away in this year's competition. Aside from the major prizes in each of the three categories, special awards are also given to the corps adjudged as Best in Production Design, Best in Instrumentation, Best in Choreography, Best in Rhythm and Dynamics, Best in Uniform, Best in Discipline, Best in Parade Impact, Best Corps Major, Best Corps Majorette, Darling of the Crowd, Best in Entertainment, Most Colorful Corps, Best in Boholano Ambience, Best in Synchronization, and Best in Jingle.         

Trophies are also awarded for the Liveliest Corps, Most Elegant, Best in Projection, Most Promising Neophyte, Neophyte of the Year, Most Impressive Neophyte, and Most Inspiring Corps.

The Alturas Drum & Bugle Corps Showdown is presented in cooperation with the Department of Education (DepEd). With its educational thrust to inculcate discipline among young students, aside from giving them the venue for their cultural and musical talents, DepEd renews its co-sponsorship of the Showdown. Dr. Elpidio M. Jala had already signed a memorandum that encourages all public schools to participate in the annual competition.

Entry forms are now available at the Public Relations & Marketing (PRM) Department of the Alturas Group of Companies. For further particulars, visit the PRM Department Office, located at the 2nd Floor of Island City Mall, or call telephone numbers (038) 501-6270; (038) 411-2952, or 09177551358.

The political tsunami that is called "Nonoy" has hit Bohol shores.

Tomorrow, multi sectors of Boholanos will launch the MOVE (Movement of Volunteers to Elect) NONOY - their local version of the many voluntary organizations now spouting around the country to help elect Sen. Benigno Simeon "Nonoy" Aquino III as the next Philippine president.

The date also coincides with the declaration of martial law 37 years ago by the late dictator Ferdinand Marcos which effectively snuffed out democracy in the country, made the late Sen. Ninoy Aquino (Noynoy's father) as its first detainee and was only finally stamped out with the assumption of Cory Aquino (Noynoy's mother) as president following the EDSA Revolution.

The movement launching will be held at the JJ's Seafood Village, K of C Drive this city at 2:30 p.m. It will be preceded by a motorcade at 1:30 pm starting from Plaza Rizal and winding along the city's main thoroughfares.
         
Two siblings of Sen. Aquino - Ballsy Aquino-Cruz and Pinky Aquino-Abellana - will grace the affair and address the assembly.

Their presence serves as an inspiration to the movement members even as it also highlights the Aquinos fondness of and gratefulness to the province.

It maybe recalled that Bohol was among the first provinces where a signature campaign was initiated to convince Sen. Aquino to run for the 2010 presidential elections.

A recent random survey conducted by the top-rated Radyo Merkado program of the station DYRD-AM found 78% of the respondents favoring Sen. Aquino as their president bet.

During the program MOVE NOYNOY will also start the Piso-Piso Para Kang Noynoy fund-raising campaign aside from presenting the strategies to be adopted to bring the movement to all the barangays, and spread it among all the sectors, in the province.

The group was specifically buoyed with the latest SWS survey in Luzon where the youthful senator got the nod of 50% of those polled as their presidential choice with Sen. Manny Villar a far second with 14% and former Pres. Erap Estrada at third with 13%.

The volunteers-driven movement strongly believes that a Noynoy Aquino presidentcy will bring about good governance, transparency and accountability, political will to combat graft and corruption, social justice and sound economic development to the country. - the bohol chronicle

Dengue cases caused by aedis aegypti mosquito have surged to 379 with seven human casualties as of the middle of September 2009, according to the monitoring report of the Provincial Health Office (PHO).

The figures are much higher than the entire year 2008 with only 145 cases and five deaths, said the same report obtained by The Freeman.

It was not known who the victims are. They died because of the dreaded disease during the same period.

Calape town posted three deaths and Tagbilaran City, two. The municipalities of Talibon and Tubigon have one each.
         

Most of these deaths occurred during the month of July with four and August, three, the report said.

Comparatively, Dengue cases posted a highest record high of 1,679 cases from January to December 2007 and the death toll reached to 16, PHO's ten-year (2000-2009) record showed.

During the 2007 upsurge, total cases recorded in the municipalities totaled to 1,195 and Tagbilaran City contributed 483.

Bohol experienced 231 cases and 3 deaths in 2006; 1,113 and 21 deaths in 2005; 283 and 5 deaths in 2004; 365 and 3 deaths in 2003; 289 and 2 deaths in 2002; 712 cases and 5 deaths in 2001; and 70 and zero deaths in 2000.

Health authorities reminded the populace to always keep their surroundings clean, especially those stagnant waters in containers. - the Bohol Chronicle

Bohol Gov. Erico Aumentado has ordered the strict monitoring of the cases of influenza A (H1N1) to stem its further spread in the province.

This following the confirmed spread of the virus in Inabanga town in the later part of July, apparently picked up by just one pupil of the Lawis Elementary School from a visit to nearby Negros Island .

Aumentado instructed the Provincial Health Office (PHO) to strengthen its surveillance and monitoring in order to curb the spread of the highly contagious virus.

He said Bohol is lucky that the virus that hit the province is of the mild strain, knowing fully well that the severe strain can be fatal and has in fact claimed lives elsewhere in the country and abroad.

Provincial Health Officer Reymoses Cabagnot however said that provided people take necessary precautions, the local A (H1N1) virus is less dreadful than dengue fever.

Frequent washing of the hands, covering the nose and mouth when one sneezes or coughs, and social distancing, among others, can curb further contamination as this virus is spread through droplets. On the other hand, dengue is spread by mosquitoes.
         

For her part, Dr. Fruserma Mary Uy, head of the Provincial Epidemiology and Surveillance Unit (Pesu) said Bohol has 48 confirmed cases so far: the first two in Tagbilaran City, 45 in Inabanga and the latest three in Buenavista town..

She admits though that the number might increase when the results of the latest batch of throat swabs now being examined at the Vicente Sotto Memorial Medical Center in Cebu City come in on Tuesday.

While the contamination in Inabanga is now under control - now down to one or two in each of the 10 affected barangays, she said Pesu continues to conduct surveillance in nearby towns especially those barangays near the boundary with Inabanga.

A check of Clarin town proved negative, but true enough, she said, a report of mass flu-like cases in Cangawa Highs School in Buenavista prompted her team to go to the place. The throat swabs of three out of six students with flu-like manifestations turned out to be positive.

She prescribed Tamiflu tablets for those with fever, and conducted intense information drive on preventing the virus' spread among students, teachers, parents and even the community.

Uy also said her team's visit to Barangay Dait apparently was "too late." Students there had manifested flu-like symptoms but were already cured when they got there.

But the situation in Barangay Rufo Hill was different. Like in Lawis, 16 students in one classroom exhibited flu-like symptoms. She also requested the local authorities to fetch by ambulance the feverish students in Barangay Lubang already adjacent to Danao town so that her team may take throat swabs.

She "covered" these areas, meaning she prescribed Tamiflu for those with fever and those in contact with the former like what she did in Inabanga.

Sha added that Inabanga Mayor Jose Jono Jumamoy did the right thing when he postponed the municipal athletic meet to only two weeks ago - until after the Influenza A (H1N1) cases subsided, and when he asked Aumentado to skip his town in the simultaneous medical missions that the Philippine Charity Sweepstakes Office (PCSO) conducted all over Bohol last September 7.

She thanked Jumamoy for the cooperation his administration has extended to contain the spread of the virus. She also asked Buenavista Mayor Elsa Tirol to follow suit so that the cases in her town will similarly subside early.

Uy also said the alleged cases in Sagbayan are "mere hearsay" on the part of PHO, especially that she has not received reports to the effect from government or health authorities there.

If she had her way, she would like to keep the virus off Danao and Sagvayan as these towns now also have rapidly-growing tourism attractions - the former with its zip line, canyon swing and cable car ride, cliff climbing with tree roots as footholds, trekking and going into the Magtangtang Cave - the lair of local hero Francisco Sendrijas, a.k.a. Francisco Dagohoy who led an 85-year revolt against the Spaniards.

On the other hand, Sagbayan has developed its version of Disneyland with bigger than life-size replicas of Disney characters, swimming pools, butterfly dome, conference area and a cemented pathway with railings that come off as a smaller "Great Wall of China" leading to an observation deck that offers a panoramic view of the Chocolate Hills, the sea, Bohol's islets and the province of Cebu beyond.

There is hope that pending cases filed in the courts of law here will be resolved expeditiously as new first and second-level courts will be created in the province.

In an interview with the Chronicle, Senator Francis "Chiz" Escudero yesterday announced that the Senate Committee on Justice and Human Rights has approved the creation of new first and second-level courts in the province out of the 636 proposed for the whole country.

The number of additional courts will still be determined by the Senate justice panel, according to Escudero, who is chairman of the upper chamber's committee on justice.         

"Our country's justice system has somewhat been debilitated by a shortage of courts of law. Our dockets are always clogged and justice moves at a glacial pace. Creating more courts will definitely increase the rate of resolving pending cases," Escudero said.

First level courts are comprised of Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs) and Metropolitan Trial Courts (MeTCs), while second-level courts refer to Regional Trial Courts (RTCs).

In Region VII there will be a total of 88 new tribunals which will be distributed across the provinces of Bohol, Cebu, Negros Oriental and Siquijor.

On a nationwide basis, the proposed increase of 636 new courts in the country constitutes almost 30 percent of existing first and second-level tribunals. Presently, there are 2,174 first and second-level courts in the country.

"An effective and prompt administration of justice is a vital component of economic growth. Establishing more courts in the Visayas and Mindanao serves this goal," Escudero concluded. - bohol chronicle

The Central Visayas State College for Agriculture, Forestry and Technology (CVASCAFT), where the main campus is located in this agriculturally-rich town, was not qualified to become a state university but its application was considered.

Regional director Marlene Catalina Rodriguez of the National Economic Development Authority (NEDA) region 7, issued the statement during the CVSCAFT Board of Trustees (BoT) meeting and forum held here to thresh out kinks.

She is a BoT member who attended the said meeting on September 14, 2009 presided over by Commission on Higher Education commissioner William Medrano. The forum tackled on resolving the furor over transferring the main campus to Tagbilaran City by Bilar populace led by Mayor Fanuel Cadelina and former mayor and incumbent provincial Board Member Ester Corazon J. Galbreath.

Rodriguez, who described herself as "staunchest" critic to the bill, converting CVSCAFT to a state university, said that CVSCAFT did not qualify under the strict criteria set for a state university since CVSCAFT was still at level I. Based on the said criteria, a state college to become a state university should have attain the level IV status. But she was short of explaining what level IV of excellence is all about.

But she changed her mind "after a soul-searching" and after her own economic analysis of the CVSCAFT application. Stressing her stand based on logic and objectivity, Rodriguez ended up supporting the bill passed recently by both the House and the Senate.

"We evaluate (it) in a macro view, we don't do it at a very micro view," was how she described the NEDA endorsement of the CVSCAFT's conversion into Bohol Island State University or BISU, for short.

She added, "BISU can become a major instrument of triggering a development for Bohol country-sides, thus fast-tracking its growth that will redound to the uplifting of people's quality of life."         

Rodriguez' revelation came out minutes after Congressmen Edgar Chatto, Roberto Cajes, first and second districts respectively, left the forum apparently to catch the flight back to Manila to attend the regular session of the House in the afternoon of Monday (Sept. 14, 2009).

Rep. Adam Relson Jala (3rd district) was visibly absent in the forum but was represented by his father then congressman Eladio Jala, who favored for the retention of Bilar as the main campus of the university.

The timing of the conversion of the school to a state university is suspect, said an official who is very vocal of the retention of the main campus. The official said if Rodriguez telltales are to be taken at face value, then what are the "considerations" that CVSCAFT was converted to a state university if it is not qualified. Were there other agenda in what she called "railroading" the passage of the bill?

Almost all of the stakeholders, including the local government unit here, are in favor of converting it to a state university, anyway.

Bilar town officials, alumni, faculty and student associations, however, are opposed to the transfer of the main campus to Tagbilaran City when BISU becomes operational.

The oppositors to the transfer of the main campus said that they were not consulted with regard to the said transfer concocted by the school administration led by its president Dr. Elpidio Magante.

APPEAL JUNKED

The appeal of the faculty, studentry and officials here turned to naught when BoT turned down during the same forum the proposal to retain the main campus here even if "in the name only" while the "administrative operations" will be in Tagbilaran City .

Norris Oculam, a BoT member representing the private sector, confirmed this in an interview yesterday.

The BoT decision (junking Bilar appeal for campus retention) has dimmed the hope for Bilar people and stakeholders' dream of having the main campus retained in their turf for academic upgrading and for some "sentimental" reasons. Right now, the CVSCAFT system is practically operating under this set up.

It appeared that BoT was not convinced of the grounds advanced by the Bilar stakeholders and despite proposal of Cong. Roberto Cajes to classify main campuses based on the specialization of each satellite campuses.

Cajes, who was present during the forum, hinted for a "win-win" solution to the BISU campus transfer uproar. He said that, if everybody is agreeable, Bilar campus could be referred to as the main campus for agriculture or Tagbilaran City , main campus for technology.

Bot was also in a hurry because it was given by the congressmen until only last Wednesday (Sept. 16, 2009) to submit their recommendation as to the transfer of the main campus for reconsideration prior to the signature of the President for the bill to become a law.

Rep. Edgar Chatto, who also spoke on the CVSCAFT conversion during the same forum, stressed that the CVASCAFT family should have a unified voice on the main campus to hasten the signing of the bill by the President.

Both Chatto and Cajes assured the stakeholders for a speedy approval of the bill for the entire CVSCAFT to become a state university.

BACKLASH

If the campus transfer will be effected, Chatto and Cajes could face a backlash on their political career. Chatto and Cajes, who are on their last terms and are considering tossing their hats for governor and vice-governor in 2010, respectively, an observer here said.

But Cajes, reports said, appeared unfazed of the threat if Bilar people to junk him in the elections. He was quoted as saying that he just doing his job in crafting the law of CVSCAFT conversion to a state university for accessible and affordable university education.

The alleged railroading of the passage of the bill for BISU was seen here as a political ploy to gain political mileage for some politicians without directly referring to the sponsors of the bill, said an observer.

Ched commissioner William Medrano, chair of the BoT, reiterated the grounds for the campus transfer mainly for "operational efficiency" aside from the fact that Tagbilaran City is the hub of transportation and communication. CVSCAFT Tagbilaran City campus has more infrastructure to offer for the various courses than what Bilar has, he said.

NO RETREAT, NO SURRENDER

Mayor Fanuel Cadelina has never given up the fight for the campus retention in Bilar.

In his letter to Vice-Gov. Julius Herrera, Cadelina urged the SP to make strong representation by way of a Resolution addressed to Congress to still retain the campus in Bilar even if the school is already a state university.

"We all the reasons to claim the retention of the main campus of CVSCAFT system in Bilar as soon as it will be elevated to a university status because in the first place the name CVSCAFT existed because of the tedious and collective efforts of then Mayor Ester Corazon Galbreath, the Sangguniang Bayan of Bilar, (then) congressman Isidro Zarraga and the school's alumni association coupled by the school's geographical location and land area which had convinced Congress to enact RA 8659 converting Bohol Agricultural College into CVSCAFT," Cadelina lamented.

CVSCAFT OPERATIONS

The state college operates by virtue of a law (RA 8659) on June 22, 1998 with a total annual budget of PhP125,132,000. Personnel services (salaries) got the lion's share to the tune of PhP96 million while PhP 25 million and PhP4million + for maintenance and other operating expenses (MOOE) and capital outlay, respectively.

It accommodates a total of 10,247 enrolment with a 219 teaching force, 87 master degree holders and 33 doctorate holders. Tagbilaran City campus has the biggest student population with a total of 5,620 for schoolyear 2009-2010.

Its satellite campuses are located in the towns of Bilar (Bohol Agricultural college), Clarin (Clarin School of Fisheries), Candijay, (Bohol School of Fisheries in Cogtong), Calape (Calape National School of Fisheries) and Tagbilaran City (Bohol School of Arts and Trades).

Bilar main campus has an area of 89.5 hectares and 3,020 hectares for agricultural and forestry reserve, respectively and Tagbilaran City , 1.4 has.; Candijay campus, 30.95 has.; Clarin, 25.45 has.; and Calape, 3.24 has.

The school takes pride in its at least 14 "exemplary performance in board examinations" and numerous topnotchers.

The school is governed by BoT composed of Medrano, as chairman; Sen. Alan Peter Cayetano representing the Senate; Rep. Cynthia Villar for the House; Rodriguez for NEDA; Dept. of Agriculture regional director Ric Oblena; Rene Burt Llanto for Dept. of Science and Technology; AVelina Escudero for faculty association; Arnelos Olandria for federated alumni association; Argeo Melisimo and businessman Norris Oculam, both for private sector; and Anjo Bantono (Clarin) for the student government, members.

Villar, Cayetano and Melisimo were not around during the BoT meeting presided over by Medrano. (RVO), Bohol Chronicle

Airline passengers here will brace for a round of increase of passenger fee from P20 per passenger to a whooping P200 or a 1,000% jack-up described as "excessive."

This came after the Civil Aviation Authority of the Philippines announced to conduct public consultation on the proposed imposition based on the Department Order No. 98-1178, series of 1998, prescribing schedule of fees and charges for alternate international airport and national airport. But date for the public consultation has not been set.

The city council together with various sectors led by Kag. Butchie Zamora are up in arms against this passenger fee hike by passing Resolution No. 09-93, "vehement opposing the ten-fold or one thousand percent of the present rate increase in the passenger service charge to be collected in the Tagbilaran City Airport."
         
The council said in its Resolution passed Sept. 4, 2009 pointed out that "such a gargantuan" increase in the said passenger service charge "is highly unconscionable considering that the same is not commensurate to the services to the services available in the Tagbilaran City airport as compared to services available in the Ninoy Aquino International Airport that is charging P200 passenger service charge."

The city council asked the provincial government for support in preventing the imposition and collection of the said charge as can be gleaned in the Resolution furnished to the city mayor, governor and the Sangguniang Panlalawigan.

The city council was given notice of public hearing merely "to notify" on the said increase of airport charges.

Tagbilaran City is classified as "principal class 1 airport," according to the Resolution.

The city Resolution was being referred to the committee on public utilities of the Sangguniang Panlalawigan for action.

A passenger who declined to be named, said in an interview why can't the authorities concerned wait for the Panglao airport slated to be constructed within the year. (RVO)

A Boholano judge is one of the recipients of the "2009 Awards For Judicial Excellence" given by the Supreme Court to members in the judiciary who holds the integrity, competence and efficiency in the performance of their duties.

Executive Judge Sisinio C. Virtudazo of the Municipal Trial Court in Cities (MTCC) Tagbilaran City received the award during formal awarding ceremonies held at the session hall of the Supreme Court last Friday.

He is the first Boholano to receive the prestigious award from the High Tribunal.

The Jagna born judge garnered a passing mark for his "unassailable integrity, proven competence and efficiency, selfless public service, speedy disposition of cases, judicial decorum towards lawyers, litigants and the public, knowledge of law and his contributions to law and jurisprudence...         

Aside from being the executive judge, he was also designated to hear and decide electoral protests as well as assigned to handle a special environment court.

Virtudazo is a self-made man as he pursued his college education as a striver at the University of Bohol where he completed his bachelor of laws in 1982. He passed the bar examinations at the Manuel L Quezon University on the same year with a rating of 80.725%. He was a consistent scholar graduating valedictorian at the Faraon Barangay High School.

Presently, he is a part time instructor atof the UB College of Businsss and Accountancy.

The awardee balanced his activities by being active also in church related activities.

He is a facilitator of Family & Life Apostolate, trustee of the Immaculate Heart of Mary Seminary Foundation, member of Chapel Pastoral Council.

The 51-year old judge is married to Alice Regonas, an employee of the University of Bohol and blessed with three children, Khristian Ray, Justil Val and Alyssa Shiena. - Bohol Chronicle

By Kyle Lucas (Sept 19, 2009) DoghouseBoxing

The magnificently talented Manny Pacquiao is NOT injecting Anrold Schwarzenegger-Juice in his veins and he is NOT a coke-head or pot-head. According to a report out by the NSAC, not only is Manny Pacquiao not using illegal steroids, but he also isn't using cocaine or marijuana.

The Nevada State Athletic Commission which vigorously tests Athletes for illegal substances, have come out on record to clear Manny Pacquiao's name. Recently Floyd Mayweather Sr. made allegations that he believes Pacquiao is on some sort of enhancement. To be fair, Mayweather Sr. did not accuse Pacquiao of using Marijuana or Cocaine, but strongly indicated to the Grand Rapids Press that he believed Pacquiao was using something to boost his performance.

Keith Kizer, the executive director for the NSAC, has now gone on record to defend Pacquiao and gave insight to the tests Pacquiao has passed. Quoted by abs-cbnNEWS.com, Kizer stated:"All I can tell you is that Pacquiao, every time he's fought here (in Nevada, has) been tested, as well as his opponents. He passed every drug test we did to him, every steroid test we did to him."

Kizer went on to explain just how in-depth the NSAC goes when conducting searches of the athletes when it comes to Title fights. Not only do they look for performance enhancing drugs, but also illegal drugs, such as Marijuana and Cocaine. "Title fights (we have) tests for steroids and drug abuse. (We look out for) marijuana, cocaine. We collect urine (for tests) before and after the fight," stated Kizer.

There you have it Folks.... Manny Pacquiao is CLEAN!

By Tessa Salazar
Philippine Daily Inquirer

Often called a “superfood” by nutritionists, the medical field may now start calling the lowly curry the same moniker.

Nutrition specialists like Jonny Bowden, PhD (as written in his book “The 150 Healthiest Foods on Earth”), have known for a long time about the “enormous” anti-inflammatory action of curry. Aside from that, curry has been proven to support liver health and is a powerful antioxidant.

Phyllis A. Balch, nutritional consultant and author of “Prescription for Dietary Wellness,” writes that curry (or curcumin or turmeric), derived from the large, deep yellow rhizome (underground stem) of the plant Curcuma domestica (robust, rhizomatous, perennial herb native to Tropical Asia), occupies a venerable medicinal position in Asian and Indian healing. Curcumin (or “curry” in culinary circles) is considered a tonic for the body.

In a recent study published at the American Association of Pharmaceutical Scientists journal titled “Curcumin and Cancer Cells: How Many Ways Can Curry Kill Tumor Cells Selectively?” by Jayaraj Ravindran, Sahdeo Prasad and Bharat B. Aggarwal, curcumin was shown to have “killed” tumor cells.

The abstract stated: “We show that curcumin modulates growth of tumor cells through regulation of multiple cell signaling pathways including cell proliferation pathway (cyclin D1, c-myc), cell survival pathway (Bcl-2, Bcl-xL, cFLIP, XIAP, c-IAP1), caspase activation pathway (caspase-8, 3, 9), tumor suppressor pathway (p53, p21), death receptor pathway (DR4, DR5), mitochondrial pathways and protein kinase pathway (JNK, Akt and AMPK).”

The study described, in detail, how curcumin selectively kills tumor cells, and leaves normal cells untouched.