EN BANC
G.R. No. 209165, April 12, 2016
LNL ARCHIPELAGO MINERALS, INC., Petitioner, v. AGHAM PARTY LIST (REPRESENTED BY ITS PRESIDENT REP. ANGELO B. PALMONES), Respondent.
D E C I S I O N
CARPIO, J.:
x x x x
The violated ECC conditions have been rectified and clarified while the penalty corresponding to such violation was fully paid and the required rehabilitation and mitigating measures were already implemented as committed. As such, the matter leading to the issuance of the NOV is now resolved.
As ECC holder, you are enjoined to ensure the effective carrying out of your Environmental Management and Monitoring Plan.20ChanRoblesVirtualawlibrary
(1) | Dir. Claudio30 - | ||
a) | That the issues presented by Agham were already subject of the complaint filed by Mayor Marty with the DENR-EMB R3; | ||
b) | That the DENR-EMB R3 issued an ECC to LAMI; | ||
c) | That the DENR-EMB R3 acted on the complaint of Mayor Marty with regard to construction by LAMI of its port facility; | ||
d) | That the DENR-EMB R3 issued a NOV dated 1 June 2012 to LAMI; | ||
e) | That the DENR-CENRO issued a tree cutting permit to LAMI; | ||
f) | That there is no mountain within or inside the property of LAMI in Brgy. Bolitoc, Sta. Cruz, Zambales; | ||
g) | That the cutting of the trees and the partial leveling of a landform (which is determined to be an "elongated mound" but is alleged to be a "mountain" by the petitioner) conducted by LAMI in its property in Brgy. Bolitoc, Sta. Cruz, Zambales do not pose adverse environmental impact on the adjoining communities more so to the larger areas or the entire provinces of Zambales and Pangasinan. | ||
(2) | Eng. Odicta31 - | ||
a) | That the PPA issued a permit to construct to LAMI only after due application and submission of the required documents; | ||
b) | That other private companies, namely: DMCI Mining Corporation and Shangfil/A3Una constructed port facilities along the Brgy. Bolitoc coastline and contiguous to where the port facility of LAMI is located. | ||
(3) | Ms. Susara32 - | ||
a) | That the PPA issued a clearance to develop and a permit to operate to LAMI only after due application and submission of the required documents; | ||
b) | That other private port facilities, namely: DMCI Mining Corporation, Shangfil/A3Una are operating along the Brgy. Bolitoc coastline and contiguous to where the port facility of LAMI is located; and | ||
c) | That since the 1970's, the coastline along Brgy. Bolitoc, Municipality of Sta. Cruz, Zambales, has been the location of port facilities necessary for mining operations in the province of Zambales. | ||
(4) | S/Supt. Santiago33 - | ||
a) | That the members and officials of the ZPPO did not violate, or threaten with violation, petitioner's right to a balanced and healthful ecology; | ||
b) | That the members and officials of the ZPPO did not cover-up any alleged illegal activity of LAMI; and | ||
c) | The contents of the Memorandum (Special Report re: Police Assistance) dated 6 May 2012 submitted by S/Supt. Santiago to the PNP Regional Director. |
WHEREFORE, premises considered, the petition is hereby DENIED.
SO ORDERED.38
WHEREFORE, in view of the foregoing, the Decision dated November 23, 2012 is hereby RECONSIDERED and SET ASIDE and, in lieu thereof, another judgment is rendered GRANTING the petition for WRIT OF KALIKASAN as follows, to wit:
(1) respondent LNL Archipelago Minerals, Inc. (LAMI) is directed to PERMANENTLY CEASE and [DESIST] from scraping off the land formation in question or from performing any activity/ies in violation of environmental laws resulting in environmental destruction or damage;
(2) the respondent LAMI as well as the Secretary of Department of Environment and Natural Resources and/or their representatives are directed to PROTECT, PRESERVE, REHABILITATE and/or RESTORE the subject land formation including the plants and trees therein;
(3) the Secretary of DENR and/or his representative is directed to MONITOR strict compliance with the Decision and Orders of the Court; and make PERIODIC REPORTS on a monthly basis on the execution of the final judgment.
SO ORDERED.41
Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person, entity authorized by law, people's organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.
Sec. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without License. Any person who shall cut, gather, collect, remove timber or other forest products from any forest land, or timber from alienable or disposable public land, or from private land, without any authority, or possess timber or other forest products without the legal documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in the case of partnerships, associations, or corporations, the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation.
x x x x
x x x the following findings and observations are noted:
chanRoblesvirtualLawlibrary1. That the tree cutting implemented/conducted by the company was confined inside Lot No. 2999, Cad 316-D situated at Barangay Bolitoc, Sta. Cruz, Zambales and within the area previously granted for tree cutting;Relative the above findings and in compliance with the terms and conditions of the permit issued, the company should be reminded to replace the trees cut therein as specified in support with the environmental enhancement program of the DENR.
2. It was found that the thirty seven (37) trees of various lesser- known species and fruit bearing trees with a total volume of 7.64 cubic meters as specified in the permit were cut as subject trees are located within the directly affected areas of the port facility project of the company;
3. The other trees previously inventoried and are not directly affected by the project within the same lot are spared; and
4. There are forty four (44) various species of miscellaneous trees counted and left with a computed volume of 6.04 cubic meters.
x x x x
Section 57. Expenditure for Community Development and Science and Mining Technology - A contractor shall assist in the development of its mining community, the promotion of the general welfare of its inhabitants, and the development of science and mining technology.
Section 69. Environmental Protection - Every contractor shall undertake an environmental protection and enhancement program covering the period of the mineral agreement or permit. Such environmental program shall be incorporated in the work program which the contractor or permittee shall submit as an accompanying document to the application for a mineral agreement or permit. The work program shall include not only plans relative to mining operations but also to rehabilitation, regeneration, revegetation and reforestation of mineralized areas, slope stabilization of mined-out and tailings covered areas, aquaculture, watershed development and water conservation; and socioeconomic development.
Section 2. Contents of the petition. - The verified petition shall contain the following:
(c) The environmental law, rule or regulation violated or threatened to be violated, the act or omission complained of, and the environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.
32. Q: One of the complaints of Mayor Marty in his letter dated 27 April 2012, x x x, is that LAMI is "leveling a mountain" in its property in Barangay Bolitoc, Sta. Cruz, Zambales. Is there really a mountain in the property of LAMI in the said place?
A: None, sir. The subject landform is not considered as a mountain based on commonly accepted description of a mountain as having 300 meters to 2,500 meters height over base. The highest elevation of the project area is 23 meters.
33. Q: Do you have any proof that the landform in LAMI's property is not a mountain?
A: Yes, sir. The Mines and Geosciences Bureau (MGB), Regional Office No. Ill, through the OIC of the Geosciences Division, issued a Memorandum dated June 26, 2012 proving that there is no mountain in LAMI's property. The proper description of the landform, according to the said memorandum, is an "elongated mound"48
126. Q: Why do you say that this elevated portion is not a "mountain"? A: The port site where the alleged mountain is located is only 1.8 hectares of alienable and disposable land. It is private property, lawfully possessed by LAMI, with the latter exercising rights based on its occupation thereof. The mound and/or ridge within the private property is only about 23 meters high. The base or footing of the mound therein which the Petitioner insists is a mountain is only 1.5 hectares, and the height is approximately 23 meters. I have been advised that a mountain, as described by the United Nations Environment Programme - World Conservation Monitoring Centre ("UNEP-WCMC"), must be, at least, of a height greater than 300 meters or 984 feet in addition to other requirements on slope and local elevation range. In other countries, the United Kingdom for example, the minimum height requirement is 2,000 ft or 609.6 meters.50
FINDINGS
1. The Bolitoc LAMI Port Facility is approximately centered at the intersection of geographic coordinates 15°45'00.4" north latitude and 119°53' 19.9" east longitude, x x x. It is bounded on the north by the West Philippine Sea (Bolitoc Bay), on the west and east by the continuation of the elevated landform, and to the south by an unnamed creek and a concrete barangay road connecting the Brgy. Bolitoc to the Zambales National Highway.
Brgy. Bolitoc also hosts the port facilities of the DMCI and the Shangfil Corporation both of which occupy the former loading site of the defunct Acoje Mining Corporation.
2. The landform of interest is characterized by a roughly east-west trending elevated and elongated landmass. Within the LAMI site, the elevated landform measures 164 meters in length and about 94 meters in width and is almost parallel to the coastline. It has a maximum elevation located at its eastern end of 26 meters above mean sea level more or less. Its western end has an elevation of 23 meters above mean sea level more or less xxx. The landform is about 16 meters higher than the barangay road and nearby houses xxx.
From the LAMI area, the landform continues eastwards to the DMCI and the Shangfil Port facilities and also westwards to the vicinity of Brgy. Bolitoc proper.
3. The area is underlain by interbedded calcareous sandstone, shale, and siltstone of the Cabaluan Formation (formerly Zambales Formation), xxx. Rock outcrops show the sedimentary sequence displaying almost horizontal to gently dipping beds cut by a minor fault. These rocks weather into a 1 -2 meter silty clay.
DISCUSSION
Considering elevated landform of interest measures 164 meters in length and about 94 meters in width disposed in an elongate manner with a maximum elevation of 26 meters more or less above mean sea level and is about 16 meters higher than the barangay road and nearby houses and using the Glossary of Landforms and Geologic Terms x x x by Hawley and Parsons, 1980 above that the elevated landform is neither a mountain or hill, but instead it is considered elongated landmass/or elongated mound.
CONCLUSION
Based on the above geological and landform (geomorphic) classification, considering its elevation of 23 to 26 meters above mean sea level and which is 16 meters above the barangay road and vicinity, the elevated landform present in the LAMI port facility is neither a hill or mountain. Its elevation of 16 meters above its vicinity is lower than a hill (30 meters). Its height above its vicinity can be possibly categorized as a mound which is defined by the Dictionary of Geological terms (1976) prepared by the American Geological Institute as which defines a mound as "a low hill of earth, natural or artificial." In the United Kingdom, mounds are also called hillocks or knolls. The term elongated is prefixed as a modifier to describe its east-west disposition. Hence, the elevated landform of interest is considered as elongated mound.55 (Emphasis supplied)
Atty. Gallos: Mr, Congressman, you conducted an ocular inspection in Brgy. Bolitoc in Sta. Cruz, Zambales on May 21? Cong. Palmones: Yes.
x x x x
Atty. Gallos: That was the first time you were in Brgy. Bolitoc? Cong. Palmones: Yes.
Atty. Gallos: That was also the first and the last ocular inspection that you did so far in Brgy. Bolitoc? Cong. Palmones: Yes.
x x x x
Atty. Gallos: What is the name of this mountain?
Cong. Palmones: I really don't know the name of the mountain, Your Honor.
Atty. Gallos: What is the elevation or height of this mountain?
Cong. Palmones: I really don't know the elevation of that mountain, Your Honors.
Atty. Gallos: What is the base of this mountain?
Cong. Palmones: I really don't know, Your Honors.
Atty. Tolentino: Your Honor, the witness is incompetent to answer the questions.
Cong. Palmones: I'm not competent to answer that question.
Atty. Gallos: Your Honor, that's exactly our point. He is claiming that there is a mountain but he cannot tell us the height, the slope, the elevation, the base, Your Honor. So you admit now that you do not know, you do not have the competence to state whether or not there is a mountain?
Cong. Palmones: I really don't know what is the technical description of a mountain but based on the information that we got from the community during the consultation it's full of vegetation before it was leveled down by the operation, Your Honors. (Emphasis supplied)
x x x x
Regarding the alleged cutting of trees and leveling of the mountain, we have verified that:
chanRoblesvirtualLawlibrary1. There is no illegal cutting of trees since a Tree Cutting Permit was issued by the Community Environment and Natural Resources Office (CENRO). Monitoring of the compliance with the conditions of the said Permit was also undertaken by the CENRO; and
2. There is no leveling of a mountain. As certified by the Mines and Geosciences Bureau Region 3, the landform in the area is an elongated mound which is 164 meters in length and 94 meters in width and its maximum elevation is 26 meters above mean sea level.
Further, we recognize your efforts in revegetating the exposed side slopes of the cut portion of the mound and the construction of drainage system and silt traps to prevent the siltation of the bay.
The violated ECC conditions have been rectified and clarified while the penalty corresponding to such violation was fully paid and the required rehabilitation and mitigating measures were already implemented as committed. As such, the matter leading to the issuance of the NOV is now resolved.
As ECC holder, you are enjoined to ensure the effective carrying out of your Environmental Management and Monitoring Plan.
x x x x
On 21 February 2013, the Committee on Ecology received a letter from Director Lormelyn E. Claudio, the Regional Director for Region III of the Environment Management Bureau of the DENR. The letter ascertains that, among other things, based on the investigation and monitoring conducted led by Dir. Claudio, LAMI is, to date, in compliance with its environmental commitments as required under the ECC and said Order.
In view thereof, the Committee would like to express its appreciation for the apt and prompt action on the matter. We expect that the subject company's conformity to environmental laws, as well as its activities' impact on the environment, will remain closely monitored and evaluated.
x x x x
A/Sol. Chua Cheng: Madam Witness, you made mention that the cut and fill operations involved the... or the causeway created during the cut and fill operation is 82 meters in length and 8 meters in width. What is the overall environment effect of this cut and fill operation in Barangay Bolitoc?
Dir. Claudio.: It is minimal, insignificant and temporary in nature, Sir, because as I mentioned, only 11,580 cubic meters had been stripped off and the tree cutting which had been issued with a permit is only less than about 37 trees based on the Post Evaluation Report done by the CENRO, Sir.
A/Sol. Chua Cheng: What about the effect of such cut and fill operations as regards the two provinces, Pangasinan and Zambales, does it have any effect or what is the extent of the effect?
Dir. Claudio: It is just localized; it is just confined within the project area because we required them to put up the drainage system, the drainage, the canals and the siltation ponds and the laying of armour rocks for the sea wall and the construction of causeway, Sir, to avoid erosion and sedimentation. We also required them to rehabilitate the exposed slopes which they already did.
x x x x
A/Sol. Chua Cheng: Only in the project area specifically located only in Brgy. Bolitoc?
Dir. Claudio: Brgy. Bolitoc, Sta. Cruz, Zambales, Sir. It does not in any way affect or cannot affect the Province of Pangasinan as alleged, Sir.59 (Emphasis supplied)
6.0 Findings in Relation to the Petition for Writ of Kalikasan
x x x x
1. The LAMI Port is partly situated in a hill and not a mountain. The topographic and geologic maps of NAMRIA and the MGB do not show the presence of a mountain where the port is partly located. The detailed topographic survey moreover indicates that this hill had an original elevation of 23 m.MSL in the portion where it was excavated to accommodate the access road leading to the wharf.
Mountains attain much higher elevations than 23 m.MSL. Kendall et al. (1967), defines a mountain as having a height of at least 900 meters and are usually characterized by a vertical zonation of landscape and vegetation due to increasing elevations.
2. No leveling of a mountain was done. The construction of the access road required a V-cut through the hill that lowered it from 23 m.MSL to 7.5 m.MSL. This elevation is still much higher than the flat land surrounding the hill. The hill had an original length of 600 meters through which the V-cut, which has an average width of 26.5 meters, was excavated. Only a small portion of the hill was therefore altered.
The topographic survey further reveals that the total volume of earth material removed is 24,569 cubic meters, which would fit a room that has a length, width and height of 29 meters. This amount of earth material does not constitute the volume of a mountain.
3. The hill is too small and not in the right location to protect against typhoons. The hill cannot serve as a natural protective barrier against typhoons in Zambales and some towns of Pangasinan because it is too small compared to the magnitude of typhoons. Typhoons approach the country from east and move in a west to northwest direction through Zambales Province as clarified in Figure 7. They are even able to cross the Sierra Madre Range and the Zambales Range before reaching Zambales Province. Since the port is situated at the western coastline of Zambales, it would be the last thing a typhoon would pass by as it moves through Zambales.
4. The hill is too small to protect against the Southwest Monsoon. The hill does not shield any area from the heavy rains that batter the country during the Southwest Monsoon. It is too small to alter the effect of the Southwest Monsoon in the way that the Sierra Madre Range forces the Northwest Monsoon to rise over it and release much of its moisture as orographic precipitation on the windward side of the range such that the leeward side is drier.
5. The hill is not in the right location to protect against flooding due to heavy rains. The hill does not protect against the floods that occur from heavy rains. Since Zambales regionally slopes down to the west, flood water during heavy rains will move from east to west following the flow direction of rivers in the area. Flood water from the Zambales Range will inundate the coastal plain first before reaching the coastline where the hill is situated. Figure 11 depicts the flow direction of flood water in the municipality.
6. The hill is too small to protect against floods due to storm surges. Storm surges appear as large waves that are caused by the pushing of the wind on the surface of the sea or ocean during storm events. Since the hill has a present length of only 420 meters, it is too small to prevent flooding due to storm surges. The large waves will just skirt the hill and sweep through the low-lying coastland to the west and east of the hill.
The hill shields against the direct impact of large, south-moving waves to several homes located immediately south of the hill. Since the V-cut of the access road is small compared to the rest of the hill and terminates at a relatively high 7.5 m.MSL, this protection offered by the hill is not significantly diminished.61
Findings and Observations:
The composite team gathered data and the following are the initial observations:
1. Site preparation which includes site grading/surface stripping, low ridge cut and fill and reclamation works were observed to have been undertaken within the project area;
2. A total volume of approximately 11,580 cubic meters of soil cut/stripped from low ridge was noted being used for causeway construction. Part of the discarded soil with a volume of 5,843 cubic meters was already used for causeway preparation while the remaining 5,735 cubic meters was noted still on stockpile area;
3. Discarded soil generated from ridge cut and fill consists of clay with sandstone and shale;
4. The partial low ridge cut and fill poses minimal or insignificant impact to the environment due to threats of storm surges, strong winds and flooding because the protective natural barriers against northeast monsoon are the mountain ranges in the eastern part of Zambales and Pangasinan which are geologically and historically effective as in the case of the adjoining and operational ports of the DMCI and Shang Fil.
5. The height of the low ridge is still maintained at an elevation of 23.144 meters above sea level while the constructed access road to the causeway has an elevation of 7.46 meters with a width of 8 meters and length of 80-100 meters only.
Remarks and Recommendation:
The construction of the access road on the low ridge does not pose adverse environmental impact to the adjoining communities more so to the larger areas or the entire province of Zambales and Pangasinan.
It was determined as a result of our verification and based on the above findings supported with field GPS reading that there had been no leveling of the mountain undertaken in the project site as there is no mountain existing inside the area covered by the ECC issued by EMB-Region 3. The landform claimed by Mayor Marty to be a mountain is actually an elongated low ridge with a peak of approximately 23 meters above sea level which is located in a private land falling under Block 1, Alienable and Disposable Land per LC Map 635 with Lot No. 2999 originally owned by Mr. Severo Monsalud which was transferred to Sta. Cruz Mineral Port Corporation with a Contract of Lease with LAMI (data provided by CENRO Masinloc through a Memorandum dated June 4, 2012). The proponent (LAMI) only implemented road cutting of low ridge in the middle to make an access way to the proposed marine loading facility. More so, tree cutting done by LAMI is covered by a Permit to Cut issued by DENR-Region 3-CENRO, Masinloc which is responsible for the inventory and monitoring of cut trees.
x x x x63 (Emphasis supplied)
As between the too general and very hypothetical allegation of large-scale environmental damage at one hand, and the remarks of government experts on the other, We are inclined to give more credit to the latter. Below is the further articulation of our stance:
Presumption of regularity
It is a legal presumption, born of wisdom and experience, that official duty has been regularly performed. Therefore, the fact that the "remarks and recommendation" of the composite team from EMB R3, MGB R3, and PENRO Zambales were made in the exercise of their government function, the presumption of regularity in the performance of such official duty stands. It is incumbent upon petitioner to prove otherwise, a task which it failed to do here.
Expert findings are afforded great weight
The findings of facts of administrative bodies charged with their specific field of expertise, are afforded great weight by the courts, and in the absence of substantial showing that such findings are made from an erroneous estimation of the evidence presented, they are conclusive, and in the interest of stability of the governmental structure, should not be disturbed, x x x.64
Endnotes:
1 Under Rule 45 of the 1997 Revised Rules of Civil Procedure.
2Rollo, pp. 115-134. Penned by Associate Justice Danton Q. Bueser, with Associate Justices Amelita G. Tolentino and Ramon R. Garcia concurring.
3 Id. at 395-418.
4 Id. at 419-429.
5 Id. at 449-453.
6 Id. at 454-455.
7 Id. at 1146.
8 Id. at 1186.
9 Id. at 459-460.
10 Id. at 461.
11 Id. at 586-589.
12 Id. at 550-553; dated 18 May 2012.
13 Sangguniang Bayan Resolution No. 99-2224, series of 1999, id. at 469-470; Letter dated 4 June 2012 signed by all members of the Sangguniang Barangay, id. at 630-631; Sangguniang Bayan Resolution No. 12-84 dated 22 October 2012, id. at 2303-2305.
14 Id. at 463.
15 Id. at 464-468.
16 Id. at 2199-2200.
17 Id. at 1021.
18 Id. at 1022-1025.
19 Id. at 2249-2250.
20 Id. at 2250.
21 Docketed as G.R. No. 201918; id. at 227-237.
22 Rule 7, Part III, A.M. No. 09-6-8-SC or the Rules of Procedure for Environmental Cases; approved on 13 April 2010.
23 Sec. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without License.
Any person who shall cut, gather, collect, remove timber or other forest products from any forest land, or timber from alienable or disposable public land, or from private land, without any authority, or possess timber or other forest products without the legal documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in the case of partnerships, associations, or corporations, the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation.
x x x x
24 Revising Presidential Decree No. 389, Otherwise Known as the Forestry Reform Code of the Philippines; took effect on 19 May 1975.cralawred
25 Amending Section 68 of Presidential Decree (P.D.) No. 705, as amended, Otherwise Known as the Revised Forestry Code of the Philippines, for the Purpose of Penalizing Possession of Timber or Other Forest Products Without the Legal Documents Required by Existing Forest Laws, Authorizing the Confiscation of Illegally Cut, Gathered, Removed and Possessed Forest Products, and Granting Rewards to Informers of Violations of Forestry Laws, Rules and Regulations; signed on 25 July 1987.
26 Section 57. Expenditure for Community Development and Science and Mining Technology - A contractor shall assist in the development of its mining community, the promotion of the general welfare of its inhabitants, and the development of science and mining technology.cralawred
27 Section 69. Environmental Protection - Every contractor shall undertake an environmental protection and enhancement program covering the period of the mineral agreement or permit.
Such environmental program shall be incorporated in the work program which the contractor or permittee shall submit as an accompanying document to the application for a mineral agreement or permit. The work program shall include not only plans relative to mining operations but also to rehabilitation, regeneration, revegetation and reforestation of mineralized areas, slope stabilization of mined-out and tailings covered areas, aquaculture, watershed development and water conservation; and socioeconomic development.
28 An Act Instituting a New System of Mineral Resources Exploration, Development, Utilization, and Conservation; approved on 3 March 1995.
29 Docketed as CA-G.R. SP No. 00012.
30Rollo, pp. 934-949.
31 Id. at 1241-1247.
32 Id. at 1060-1068.
33 Id. at 1043-1055.
34 Id. at 1311-1498.
35 Id. at 1499-1689.
36 Id. at 1691-1786.
37 Id. at 137-158. Penned by Associate Justice Danton Q. Bueser, with Associate Justices Amelita G. Tolentino and Ramon R. Garcia concurring.
38 Id. at 158.
39 Id. at 2075.cralawred
40 Id. at 2075-2076.
41 Id. at 133.
42 A.M. No. 09-6-8-SC; approved on 13 April 2010.
43Paje v. Casiño, G.R. No. 207257, 3 February 2015.
44Villarin v. People, 672 Phil. 155 (2011), citing Aquino v. People, 611 Phil. 442, 450 (2009).
45Rollo, p. 461.
46 Id. at 1009.
47 Id. at 934-949.
48 Id. at 944.
49 Id. at 807-844.
50 Id. at 828.
51 Id. at 630-631.
52 Id. at 645-646.
53 Id. at 2199-2200.
54 Id. at 1010-1012.
55 Id. at 1011-1012.
56 Id. at 1403-1405, 1474-1477.
57 Id. at 2249-2250.
58 Id. at 2252.
59 Id. at 1650-1653.
60 Id. at 2207-2234.
61 Id. at 2225-2226.
62 Id. at 1028-1031.
63 Id. at 1029-1031.
64 Id. at 155-156. Citations omitted.