Reinstatement

Under the law and prevailing jurisprudence, an illegally dismissed employee is entitled to reinstatement as a matter of right. However, if reinstatement would only exacerbate the tension and strained relations between the parties, or where the relationship between the employer and the employee has been unduly strained by reason of their irreconcilable differences, particularly where the illegally dismissed employee held a managerial or key position in the company, it would be more prudent to order payment of separation pay instead of reinstatement (Bank of Lubao, Inc. Vs. Rommel J. Manabat, et al., G.R. No. 188722. February 1, 2012).

Appeal - Certiorari

In the present case, the Order of the RTC dismissing the complaint against respondent is a final order because it terminates the proceedings against respondent but it falls within exception (g) of the Rule since the case involves two defendants, Intermodal and herein respondent and the complaint against Intermodal is still pending. Thus, the remedy of a special civil action for certiorari availed of by petitioner before the CA was proper and the CA erred in dismissing the petition (D.M. Ferrer & Associates Corporation Vs. University of Santo Tomas, G.R. No. 189496. February 1, 2012).

Appeal from Acquittal

The state may challenge the lower court’s acquittal of the accused or the imposition of a lower penalty on the latter in the following recognized exceptions: (1) where the prosecution is deprived of a fair opportunity to prosecute and prove its case, tantamount to a deprivation of due process; (2) where there is a finding of mistrial;  or (3) where there has been a grave abuse of discretion.  (Artemio Villareal Vs. People of the Philippines/People of the Philippines Vs. The Honorable Court of Appeals, et al./Fidelito Dizon Vs. People of the Philippines/Gerarda H. Villa Vs. Manuel Lorenzo Escalona II, et al., G.R. No. 151258/G.R. No. 154954/G.R. No. 155101/G.R. Nos. 178057 & G.R. No. 178080. February 1, 2012)

Waiver of Right to Present Evidence

Nevertheless, as in the case of an improvident guilty plea, an invalid waiver of the right to present evidence and be heard does not per se work to vacate a finding of guilt in the criminal case or to enforce an automatic remand of the case to the trial court.  In People v. Bodoso, we ruled that where facts have adequately been represented in a criminal case, and no procedural unfairness or irregularity has prejudiced either the prosecution or the defense as a result of the invalid waiver, the rule is that a guilty verdict may nevertheless be upheld if the judgment is supported beyond reasonable doubt by the evidence on record.

We do not see any material inadequacy in the relevant facts on record to resolve the case at bar. Neither can we see any “procedural unfairness or irregularity” that would substantially prejudice either the prosecution or the defense as a result of the invalid waiver. In fact, the arguments set forth by accused Dizon in his Petition corroborate the material facts relevant to decide the matter. Instead, what he is really contesting in his Petition is the application of the law to the facts by the trial court and the CA. Petitioner Dizon admits direct participation in the hazing of Lenny Villa by alleging in his Petition that “all actions of the petitioner were part of the traditional rites,” and that “the alleged extension of the initiation rites was not outside the official activity of the fraternity.” He even argues that “Dizon did not request for the extension and he participated only after the activity was sanctioned.” (Artemio Villareal Vs. People of the Philippines/People of the Philippines Vs. The Honorable Court of Appeals, et al./Fidelito Dizon Vs. People of the Philippines/Gerarda H. Villa Vs. Manuel Lorenzo Escalona II, et al.,
G.R. No. 151258/G.R. No. 154954/G.R. No. 155101/G.R. Nos. 178057 & G.R. No. 178080. February 1, 2012)

Liability Extinguished by Death of Accused

According to Article 89(1) of the Revised Penal Code, criminal liability for personal penalties is totally extinguished by the death of the convict. In contrast, criminal liability for pecuniary penalties is extinguished if the offender dies prior to final judgment. The term “personal penalties” refers to the service of personal or imprisonment penalties, while the term “pecuniary penalties” (las pecuniarias) refers to fines and costs,  including civil liability predicated on the criminal offense complained of (i.e., civil liability ex delicto).  However, civil liability based on a source of obligation other than the delict survives the death of the accused and is recoverable through a separate civil action (Artemio Villareal Vs. People of the Philippines/People of the Philippines Vs. The Honorable Court of Appeals, et al./Fidelito Dizon Vs. People of the Philippines/Gerarda H. Villa Vs. Manuel Lorenzo Escalona II, et al.,
G.R. No. 151258/G.R. No. 154954/G.R. No. 155101/G.R. Nos. 178057 & G.R. No. 178080. February 1, 2012)

Hearsay - Entries in Official Records

In Alvarez v. PICOP Resources, this Court reiterated the requisites for the admissibility in evidence, as an exception to the hearsay rule of entries in official records, thus: (a) that the entry was made by a public officer or by another person specially enjoined by law to do so; (b) that it was made by the public officer in the performance of his or her duties, or by such other person in the performance of a duty specially enjoined by law; and (c) that the public officer or other person had sufficient knowledge of the facts by him or her stated, which must have been acquired by the public officer or other person personally or through official information.      

Notably, the presentation of the police report itself is admissible as an exception to the hearsay rule even if the police investigator who prepared it was not presented in court, as long as the above requisites could be adequately proved (Malayan Insurance Co., Inc. Vs. Rodelio Alberto and Enrico Alberto Reyes, G.R. No. 194320. February 1, 2012).

Inconsistency in Testimony

The RTC and the Court of Appeals brushed aside the alleged inconsistencies in the testimonies of Maria Liza and Pedro, these being relatively trivial and insignificant, neither pertaining to the act constitutive of the crime committed nor to the identity of the assailant.  (People of the Philippines Vs. Vicente Vilbar @ "Dikit",  G.R. No. 186541. February 1, 2012).