This case has been cited 3 times or more.
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2008-03-04 |
CHICO-NAZARIO, J. |
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| Since it was not convincingly shown that the alleged provocation originated from Rufino, the mitigating circumstance of sufficient provocation should not be appreciated in favor of petitioner. We have held that where there is no evidence as to how the quarrel arose, the accused is not entitled to the mitigating circumstance of sufficient provocation.[39] | |||||
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2005-09-23 |
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| If, on the other hand, Reyes had "retired" from his position as he had previously claimed, such retirement must be understood as in concordance with the GSIS Law, which provides for either compulsory retirement at the age of sixty-five (65)[27] or optional retirement for employees over sixty (60) years of age and with more than fifteen (15) years of government service.[28] In such a case, there is no general demand that retirement meet the approval of the appointing authority, although retirement may be precluded under other circumstances provided by law.[29] However, the applicable Civil Service rules require that a notice stating the date of such retirement be submitted to the Commission. | |||||
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2003-11-24 |
CALLEJO, SR., J. |
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| The accused testified that on August 24, 1990, he was in his house at Vitas, Tondo, Manila, with his live-in partner Rowena Guillero and his younger sister Merly Mahinay.[18] On September 3, 1997, he moved to No. 63 G. San Diego Street, Canumay, Valenzuela City, about twenty meters from the house of his cousin Virgilio.[19] On October 5, 1997, at 5:30 p.m., he was with Virgilio at the latter's house playing tong-its with Roy Moreno. Leny was outside playing with Virgilio's children. The accused ordered Leny and the other children to look for his wife Rowena at No. 21-A G. San Diego Street, Canumay, Valenzuela City. The children returned at 6:00 p.m. and told the accused that they were not able to find Rowena.[20] Leny and her companions asked for money to buy candy. Since the accused had no loose change, he gave Leny and her companions a P100 bill to buy tocino. As they were unable to buy any, the accused ordered them to buy eggs instead. The children did as they were told, and the accused gave Leny P20 afterwards. Leny and her companions then asked permission to watch television in his house. The accused agreed.[21] By 6:30 p.m., when the accused went back home to have dinner, Leny and her companions were no longer there. He went back to Virgilio's house, and resumed playing tong-its. By then, there were already many players. Virgilio's wife, Florida, was accepting bets for the "ending" in a basketball game and it was agreed that the winner would buy beer. The accused and the other players then had a drinking spree in front of Virgilio's house. By midnight, the accused had consumed five glasses of beer and went back home.[22] When he woke up at 6:30 a.m., he took a bath. Florida then arrived and asked him if he had given Leny some money the night before. When he asked what the problem was, she replied that while she was looking for her own money, she discovered that Leny had P300 with her. When she asked where the money had come from, Leny replied that it was given to her by the accused. The accused explained that he gave Leny P20 because she and her playmates asked for money so that they could buy candy. Florida forthwith looked for Leny and scolded her for receiving money from the accused.[23] | |||||