With the backdrop of these assertions, we deem it proper to reevaluate the factual findings and the conclusions reached by both the trial court and the Court of Appeals. Recovery of Real or Personal Property, Damages, etc... Non-payment / Underpayment of Salaries and Benefits. In the Information dated February 20, 2001, Macayan was charged with robbery as follows: That on or about the 16th day of February 2001, in Quezon City, Philippines, the said accused, with intent to gain and by means of force and intimidation, did then and there willfully, unlawfully and feloniously rob / divest one ANNIE UY JAO of the amount of P4,000.00 in cash in the manner as follows: on the date and in the place afore-mentioned, said accused threatened complainant that he would destroy her and her entire family and that he will have her and members of her family kidnapped unless she gives to him the amount of P200,000.00, Philippine Currency and thereafter negotiated with said Annie Uy Jao at McDonalds located at Quezon Avenue, this City, thus creating fear in the mind of said complainant who was compelled to give as in fact she gave and delivered to the accused the amount of P4,000.00, Philippine Currency, to the damage and prejudice of said Annie Uy Jao in the amount aforementioned.
He specifically draws attention to the following: First, Jaos claim that, immediately after the postponement of the February 12, 2001 conference in the illegal dismissal case and in the presence of Angel, Macayan threatened to harm and/or kidnap the members of her family, despite the records in the same case showing that Jao never attended any of the 11 conferences that were set or conducted; Second, the prosecutions unjustified failure to present Angel as a witness and its sole reliance on Jaos testimony, considering that it was Angel who can confirm if, indeed, Macayan threatened Jaos family immediately after the postponement of the February 12, 2001 conference; Third, Jaos reliance on nothing more than how she was addressed as "Madam" by the person speaking to her on the phone as basis for concluding that it must have been Macayan who was supposedly calling and threatening her and her family; Fourth, the inconsistency and absurdity of Jaos conduct in considering Macayans threats of such serious nature that she needed to report it to the National Bureau of Investigation for the prospective conduct of an entrapment operation, and yet not telling her husband about the threats simply because he would easily get annoyed; and. Macayan must be acquitted. Q-01-98670 and raffled to Branch 101 of the Regional Trial Court, Quezon City.4, During trial, the prosecution presented as it witnesses: Annie Uy Jao, the private complainant; Rodrigo Mapoy, team leader of the NBI operatives who conducted the supposed entrapment operation that led to Macayans arrest; and Resurreccion R. Bajado, a forensic chemist.
In criminal law, motive is distinct from intent. Civil Cases: Preponderance of Evidence. What he said. This court, however, is not a trier of facts. Exhibit "2" was the minutes/constancia of the February 12, 2001 conference.
Proof of motive, without more evidence tying a defendant to the alleged crime, is insufficient to support a conviction.
508, 521522 (2008) [Per J. Velasco, Jr., Second Division]. In any case, if there was any particular significance to this February 12 conference, then, all the more, her presence or attendance should have been indicated in the records. On its face, this is a form by the NLRC containing the caption, the name of the parties and the case number, date of hearing and the time. A:He repeated the threat again that I have to give him P200,000.00 or else, he will harm y [sic] family; and he set a place to give the money. No. In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. "49 It added that, in any case, the act of intimidation happened after, and not during, the conference. It remains, however, that they do not establish any certainty as to the circumstances surrounding his handling of the bills, among these: whether there was, indeed, unlawful taking by Macayan, and whether Jao did hand him the bills because he extorted them from her. "21 It accorded the presumption of regularity to the entrapment operation and held that the forensic findings connecting the marked money to Macayan militated against his defense.22. The defense introduced as its Exhibits "2" to "12" the minutes and/or constancias of these conferences.
She added that Jao wanted to pay him already, as Jao was leaving for Hong Kong. ii). The NBI operatives asked her to prepare bills totalling 4,000.00 to be marked and used in the operation.9, On February 16, 2001, Jao, Angel, and the NBI operatives arrived at McDonalds Banawe.
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