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died instantaneously but the spouses were able to Thereafter, Edgardo left the house and called the
247) survive due to time medical assistance. Arnold was police. Meanwhile, the neighbors brought Tita to
PEOPLE V. PUEDAN (G.R. No. 139576) hit in the kidney. He was not able to work for 1 the hospital. She died on the way to the hospital.
Facts: Florencio Ilar, accompanied by his and 1⁄2 months because of his wounds and he was Accused admitted the killings. However, he argued
grandson, Reymark, went to the house of receiving P1000 as salary. He spent 15K for that he killed them both under the exceptional
appellant Luceno Tulo to buy a piglet. Luceno was hospital while his wife spent 1K for the same circumstances provided in Article 247 of the
fashioning out a mortar for pounding palay near his purpose. Revised Penal Code.
house when Florencio and Reymark arrived. 47 48
Florencio told Luceno that he wanted to buy a The lower court found the accused guilty of the Issue: Whether the accused is entitled to invoke
piglet from him. complex crime of murder with double frustrated the exceptional circumstances provided in Article
Appellant suddenly arrived and stabbed Florencio murder and sentenced him to suffer death 247 of the Revised Penal Code
five times using a sharp pointed knife locally penalty. However, considering the circumstances Held: The Supreme Court acquitted the accused of
known as plamingco. Terrified of what he of the crime, the RTC believes that accused is the crime charged, finding that the accused is
witnessed, Luceno fled towards the house of his deserving of executive clemency, not of full entitled to the exceptional circumstances provided
neighbor. Young Reymark ran back to his parents’ pardon but of substantial if not radical reduction in Article 247 of the Revised Penal Code.
house and told his mother, Erlinda, what or commutation of his death sentence. At the outset, accused admitted killing his wife
transpired. Issue: Whether the trial court is correctly and her paramour. He invoked Article 247 of the
Erlinda ran swiftly to Luceno’s place but Florencio convicted the accused of complex crime of murder Revised Penal Code as an absolutory and an
was already dead, bathed in his own blood and with double frustrated murder instead of entering exempting cause. "An absolutory cause is present
lying by the side of the rice paddy. The body a judgment of conviction under Art. 247 'where the act committed is a crime but for
remained where it had fallen until the arrival of Held: The accused is entitled to the defense of reasons of public policy and sentiment there is no
the police later that day. death under exceptional circumstance under Art. penalty imposed.'"
Leah, wife of appellant, admitted having an illicit 247 of RPC. There is no question that the accused Article 247 of the Revised Penal Code prescribes
relationship with Florencio. Their relationship had surprised his wife and her paramour in the act of the following essential elements for such a
been going on for two years and was known in illicit copulation. The foregoing elements of Art. defense: (1) that a legally married person surprises
their Barangay. In the morning of February 21, 247 of RPC are present in this case: his spouse in the act of committing sexual
1995, Florencio came to their house, while she was legally married surprises spouse in the act of sex intercourse with another person; (2) that he kills
breastfeeding her child, and was looking for her with another person; and that he kills any or both any of them or both of them in the act or
husband. of them in the act or immediately after. immediately thereafter; and (3) that he has not
Issue: Whether the accused is entitled to invoke Although an hour has passed between the sexual promoted or facilitated the prostitution of his wife
the defense of death under exceptional act and the shooting of Koh, the shooting must be (or daughter) or that he or she has not consented
circumstances under Article 247 of the Revised understood to be the continuation of the pursuit of to the infidelity of the other spouse
Penal Code. the victim by the accused. Articvle 247 only The accused was able to prove all the foregoing
Held: The Supreme Court ruled that by raising requires that the death caused be the proximate elements.
Article 247 of the Revised Penal Code as his result of the outrage overwhelming the accused There is no question that the first element is
defense, appellant admitted that he killed the after chancing upon his spouse in the basest act of present in the case at bar. The crucial fact that
victim. infidelity. But the killing should have been actually accused must convincingly prove to the court is
By invoking this defense, appellant waives his right motivated by the same blind impulse and must not that he killed his wife and her paramour in the act
to the constitutional presumption of innocence have been influenced by external factors. The of sexual intercourse or immediately thereafter.
and bears the burden of proving the following: (1) killing must be the direct by-product of the Admittedly, accused-appellant surprised his wife
that a legally married person (or a parent) accused's rage. and her lover in the act of sexual intercourse. The
surprises his spouse (or his daughter, under 18 Regarding the physical injuries sustained by the accused chanced upon Jesus at the place of his
years of age and living with him), in the act of Amparado spouses, the Supreme Court held that wife. He saw his wife and Jesus in the act of
committing sexual intercourse with another the accused is only liable for the crime of less having sexual intercourse. Blinded by jealousy and
person; (2) that he or she kills any or both of them serious physical injuries thru simple negligence or outrage, accused stabbed Jesus who fought off and
or inflicts upon any or both of them any serious imprudence under 2nd paragraph of Article 365, kicked the accused. He vented his anger on his
physical injury in the act or immediately and not frustrated murder. The accused did not wife when she reacted, not in defense of him, but
thereafter; and (3) that he has not promoted or have the intent to kill the spouses. Although as a in support of Jesus. Hence, he stabbed his wife as
facilitated the prostitution of his wife (or rule, one committing an offense is liable for all the well several times.
daughter) or that he or she has not consented to consequences of his act, the rule presupposes that The law imposes very stringent requirements
the infidelity of the other spouse. the act done amounts to a felony. In this case, the before affording the offended spouse the
To satisfy this burden, appellant must prove that accused was not committing murder when he opportunity to avail himself of Article 247, Revised
he actually surprised his wife and the victim in discharged rifle upon the deceased. Inflicting Penal Code. As the Court put it in People v.
flagrante delicto, and that he killed the man death under exceptional circumstances is not Wagas:
during or immediately thereafter. murder. "The vindication of a Man's honor is justified
However, all that appellant established was the PEOPLE V. OYANIB (G.R. Nos. 130634-35) because of the scandal an unfaithful wife creates;
victim's promiscuity, which was inconsequential to Facts: Accused Manolito Oyanib and Tita Oyanib the law is strict on this, authorizing as it does, a
the killing. What is important is that his version of were married on February 3, 1979 and had two man to chastise her, even with death. But killing
the stabbing incident is diametrically opposed to children, Desilor and Julius. the errant spouse as a purification is so severe as
the convincing accounts of the prosecution In 1994, due to marital differences, Manolito and that it can only be justified when the unfaithful
witnesses. Tita separated, with Manolito keeping custody of spouse is caught in flagrante delicto; and it must
PEOPLE VS. ABARCA (G.R. NO. L-74433) their two children. Tita rented a room at the be resorted to only with great caution so much so
Facts: Accused Francisco Abarca has a wife who second floor of the house of Edgardo Lladas, not that the law requires that it be inflicted only
had an illicit relationship with Khingsley Paul Koh far from the place where her family lived. during the sexual intercourse or immediately
which started when he was reviewing for the 1983 At about 9:30 in the evening of September 4, thereafter."
Bar exam in Manila and his wife was left in 1995, while Edgardo and his family were watching PEOPLE V. SABILUL (G.R. No. L-3765)
Tacloban. Upon reaching home, he found his wife TV at the sala located at the ground floor of their Facts: In the afternoon of September 14, 1949,
Jenny and Khingsley Koh in the act of sexual house, they heard a commotion coming from the while appellant Moro Sabilul was plowing in the
intercourse. When the wife noticed the accused, second floor rented by Tita. The commotion and vicinity of his house and, he asked his wife, Mora
she pushed her paramour who got his revolver. The the noise lasted for quite some time. When it died Mislayan, for some water. The latter proceeded
accused who was peeping above the build-in down, Edgardo went upstairs to check. towards the creek, but no sooner had she arrived
cabinet ran away. He went to look for a firearm Upstairs, Edgardo saw Tita wearing a duster, at the place than the appellant heard a noise.
and got a rifle. He went back to his house but was bloodied and sprawled on the floor. He saw This caused the appellant to rush to the scene
not able to find his wife and her paramour so he Manolito stabbing Jesus Esquierdo while sitting on where he found Moro Lario wrestling with and on
went to the mahjong session where Khingsley the latter's stomach. Jesus was wearing a pair of top of Mora Mislayan who was shouting "don't,
hangouts. He found him playing and then he fired long black pants. When Edgardo asked Manolito don't".
at him 3 times with rifle. Koh was hit. Arnold and what he was doing, accused told Edgardo not to Whereupon, picking up a pira (a Yakan bladed
Lina Amparado who were occupying the adjacent interfere. weapon) which he noticed nearby, the appellant
room of the mahjong room were hit as well. Koh slashed Moro Lario on the right side of the face.
Appellant’s wife ran away upon appellant's arrival. appellant failed to inform the police that he killed bedspread, covers and in the trunk of his car, all
Moro Lario also attempted to flee, but he was his wife. Therefore, appellant is guilty of parricide matched Elsa’s blood type.
overtaken and slashed a few more times by the for killing his wife. Accused appellant was charged with the crime of
appellant, after which Moro Lario fell and died. 50 murder. The lower court convicted him as charged
49 MURDER/HOMICIDE (ARTS. 248, 249) and sentenced him to reclusion perpetua. Hence
Issue: Whether the defendant is guilty of murder PEOPLE V. ENGUITO (G.R. NO. 128812) this appeal.
for killing his wife’s paramour Facts: Appellant Thadeos Enguito bumped and hit Issue: Whether accused-appellant is guilty of
Held: The Supreme Court found appellant had the motoreala which Wilfredo Achumbre was murder
killed Moro Lario in actual adultery with riding. As a consequence, his driver Felipe 51
appellant's wife, and thus was sentenced to Requirme and his wife Rosita Requirme sustained Held: The trial court was correct in convicting
destierro under article 247 of the Revised Penal bodily injuries while Achumbre was able to run accused-appellant of the crime of murder,
Code. towards the railings at Marcos Bridge. qualified by outraging and scoffing at the victim’s
The murder was committed while the deceased However, appellant with intent to kill Achumbre, person or corpse. This circumstance was both
Lario was in the act of committing sexual immediately rammed and hit the latter with his alleged in the information and proved during the
intercourse with appellant's wife, Mora Mislayan. driven vehicle cutting the latter’s right leg. trial.
In the main it is argued that, if appellant's wife Unsatisfied, appellant further ran over Achumbre The mere decapitation of the victim's head
was really forced by Moro Lario, she would not thereby causing mortal harm which was the direct constitutes outraging or scoffing at the corpse of
have run away upon appellant's arrival. and immediate cause of instantaneous death of the victim, thus qualifying the killing to murder
PEOPLE V. GELAVER (G.R. NO. 95357) the latter. In this case, accused-appellant not only beheaded
Facts: Appellant was married to Victoria Appellant was charged with murder with multiple Elsa. He further cut up her body like pieces of
Pacinabao, with whom he begot four children. less serious physical injuries. meat. Then, he strewed the dismembered parts of
They lived together at their conjugal home until Issue: Whether appellant is guilty of murder by use her body in a deserted road in the countryside,
July 3, 1987 when she abandoned her family to of a motor vehicle leaving them to rot on the ground. Therefore,
live with her paramour. He did not know the name Held: The Supreme Court held that appellant is accused-appellant is guilty of murder.
of his wife's paramour nor the name of the owner guilty of complex crime of murder. The killing of PEOPLE VS. MALLARI (G.R. NO. 145993)
of the house where his wife and her paramour had Wilfredo Achumbre was attended with the Facts: Joseph Galang was watching a basketball
lived together. aggravating circumstance of ―by use of motor game at the barangay basketball court when
On March 24, 1988, after appellant was informed vehicle.‖ appellant Rufino Mallari and his brothers
by his daughter that his wife and paramour were The use of a motor vehicle qualifies the killing to attempted to stab him. Galang ran away but
living at a house in front of the Sto. Niño Catholic murder if the same was perpetrated by means appellant pursued him with the truck. Appellant
Church, appellant immediately repaired to that thereof. continued chasing Galang until the truck ran over
place. Upon entering the house, he saw his wife Appellant's claim that he merely used the motor the latter, which caused his instantaneous death.
lying on her back and her paramour on top of her, vehicle, Kia Ceres van, to stop the victim from Appellant was charged with the crime of murder,
having sexual intercourse. The paramour took a escaping is belied by his actuations. By his own qualified by use of motor vehicle.
knife placed on top of the bedside table and admission, he testified that there was a police The lower court convicted appellant guilty of
attacked appellant. The appellant was able to mobile patrol near the crossing. Moreover, murder and sentenced him to suffer the penalty of
wrest possession of the knife and then used it accused-appellant already noticed the deceased death.
against the paramour, who evaded the thrusts of trying to jump out of the motorela but he still Hence this automatic review.
the appellant by hiding behind the victim. Thus, it continued his pursuit. He did not stop the vehicle Issue: WON appellant is guilty of murder qualified
was the victim who received the stab intended for after hitting the deceased. Accused-appellant by ―means of motor vehicle‖
the paramour. further used the vehicle in his attempt to escape. Held: Yes.The Supreme Court held that appellant
Appellant also stabbed his wife because his mind He was already more than 1 kilometer away from is guilty of murder qualified ―by means of motor
had been "dimmed" or overpowered by passion and the place of the incident that he stopped his vehicle.‖ Appellant deliberately bumped Galang
obfuscation by the sight of his wife having carnal vehicle upon seeing the police mobile patrol which with the truck he was driving. The evidence shows
act with her paramour. was following him. that Rufino deliberately used his truck in pursuing
Issue: Whether the appellant can invoke the Moreover, accused-appellant already noticed the Joseph. Upon catching up with him, Rufino hit him
exceptional circumstance under Art. 247 deceased trying to jump out of the motorela but with the truck, as a result of which Joseph died
Held: Before Article 247 of the Revised Penal Code he still continued his pursuit. Accused-appellant instantly. It is therefore clear that the truck was
can be operative, the following requisites must be was allegedly "still very angry" while he was the means used by Rufino to perpetrate the killing
present: following, bumping and pushing the motorela of Joseph.
1) That a legally married person or a parent which was in front of him. Clearly, Under Article 248 of the Revised Penal Code, a
surprises his spouse or his daughter, the latter accused-appellant's state of mind after he was person who kills another ―by means of motor
under 18 years of age and living with him, in the mauled and before he crushed Achumbre to death vehicle‖ is guilty of murder. Thus, the use of
act of committing sexual intercourse with another was such that he was still able to act reasonably. motor vehicle qualifies the killing to murder. The
person. 2) That he or she kills any or both of them In fact, he admitted having seen a police mobile penalty for murder is reclusion perpetua to death.
or inflicts upon any or both of them any serious patrol nearby but instead, he chose to resort to The aggravating circumstances of evident
physical injury in the act or immediately the dastardly act which resulted in the death of premeditation and treachery, which were alleged
thereafter. 3) That he has not promoted or Achumbre and in the injuries of the spouses in the information, were not proved. What was
facilitated that prostitution of his wife or Requerme. proved was the mitigating circumstance of
daughter, or that he or she has not consented to PEOPLE V. WHISENHUNT (G.R. NO. 123391) voluntary surrender through the testimonies of
the infidelity of the other spouse." Facts: Elsa Santos Castillo was brought to Rufino and Myrna, which were not rebutted by the
Implicit in this exceptional circumstance is that accused-appellant’s condominium unit. The prosecution. In view of the absence of an
the death caused must be the proximate result of following day, accused-appellant’s housemaid aggravating circumstance and the presence of one
the outrage overwhelming the accused after Demetrio Ravelo was looking for her kitchen knife mitigating circumstance, reclusion perpetua, not
chancing upon his spouse in the act of infidelity. and accused-appellant gave it to her, saying that it death, should be the penalty to be imposed on
In this case, the appellant failed to prove that he was in his bedroom. The accused-appellant and Rufino.
caught his wife and the latter’s paramour in the Ravelo collected the dismembered body parts of PEOPLE VS. TEEHANKEE (G.R. Nos. 111206-08)
act of sexual intercourse. There are several Elsa and disposed of Elsa’s cadaver and personal Facts: Jussi Leino invited Roland Chapman,
contradictions in appellant's testimony. It is belongings in Bataan. Maureen Hutlman and and other friends for a party
contrary to human nature appellant's claims that Ravelo, after being convinced by his wife, at his house. They later proceeded to a pub and
he went to confront the paramour of his wife reported the incident to the authorities. The returned to Leino's house to eat.
unarmed and that he never learned the name of police and the NBI agents found the mutilated After a while, Hultman requested Leino to take
the paramour inspite of the fact that his wife, body parts a female cadaver, which was later her home. Chapman tagged along. When they
allegedly, had been living with the paramour in identified as Elsa, where Demetrio pointed. The entered the village, Hultman asked Leino to stop
the same town for almost a year before the hair specimens found inside accused-appellant’s the car because she wanted to walk the rest of the
incident. Furthermore, as noted by the Solicitor bathroom and bedroom showed similarities with way to her house. Leino offered to walk with her
General, the natural thing for a person to do under hair taken from Elsa’s head, and that the while Chapman stayed in the car and listened to
the circumstances was to report to the police the bloodstains found on accused-appellant’s the radio.
reason for killing his wife. However, in this case,
Leino and Haultman started walking on the Held: No. The Supreme Court held that appellant Norberto, Jr., taunted Edilberto if that was the
sidewalk when appellant Claudio Teehankee, Jr., Alberto Antonio is liable for the crime of homicide, only way he knew to kill a priest. Slighted over the
alighted from his car, approached them and asked: not murder. There was no treachery in this case. remark, Edilberto jumped over the prostrate body
"Who are you? (Show me your) I.D." Leino took out There is no basis for the trial court's conclusion three (3) times, kicked it twice, and fired anew.
his plastic wallet, and handed to accused his I.D. "that accused Antonio consciously and deliberately The burst of gunfire virtually shattered the head of
Chapman saw the incident and inquired what was adopted his mode of attack to insure the Fr. Favali, causing his brain to scatter on the road.
going on. Accused pushed accomplishment of his criminal design without risk As Norberto, Jr., flaunted the brain to the
52 to himself." It is not only the sudden attack that terrified onlookers, his brothers danced and sang
Chapman, pulled out a gun and fired at him. Leino qualifies a killing into murder. There must be a "Mutya Ka Baleleng" to the delight of their
knelt beside Chapman to assist him but accused conscious and deliberate adoption of the mode of comrades- in-arms who now took guarded positions
ordered him to get up and leave Chapman alone. attack for a specific purpose. Since the sudden to isolate the victim from possible assistance.
Appellant then pointed his gun at Leino. Haultman shooting of Tuadles was preceded by a heated From this judgment of conviction only accused
became hysterical and started screaming for help. verbal altercation between Tuadles and appellant Severino Lines, Rudy Lines, Efren Pleñago and
Appellant ordered them to sit on the sidewalk. Antonio, then it cannot be concluded that the Roger Bedaño appealed with respect to the cases
Leino was later hit on the upper jaw. Leino heard shooting was committed with treachery. The for Murder and Attempted Murder. The Manero
another shot and saw Haultman fall beside him. He evidence clearly shows that the incident was an brothers as well as Rodrigo Espia did not appeal;
lifted his head to see what was happening and saw impulse killing. Consequently, Antonio can only be neither did Norberto Manero, Jr., in the Arson
appellant return to his car and drive away. convicted of the lesser crime of homicide under case. Consequently, the decision as against them
Appellant was charged with murder. Article 249 of the Revised Penal Code. already became final.
Issue: Whether appellant is guilty of murder 53 Issue: Whether or not the appellants can be
qualified by treachery PEOPLE VS. MANERO (G.R. NOS. 86883-85) exculpated from criminal liability on the basis of
Held: The Supreme Court held that the Facts: On 11 April 1985, the Manero brothers defense of alibi which would establish that there is
prosecution failed to prove treachery in the killing Norberto Jr., Edilberto and Elpidio, along with no conspiracy to kill.
of Chapman, but found it present in the wounding Rodrigo Espia, Severino Lines, Rudy Lines, Efren Held: The court did not appreciate the defense of
of Leino and Hultman. Pleñago and Roger Bedaño, were inside the eatery alibi of the Lines brother, who according to them,
Absent any qualifying circumstance, appellant of one Reynaldo Diocades. They were conferring were in a farm some one kilometre away from the
should only be held liable for Homicide for the with three others of a plan to liquidate a number crime scene. The court held that ―It is axiomatic
shooting and killing of Chapman. The shooting of of suspected communist sympathizers. Among that the accused interposing the defense of alibi
Chapman was carried out swiftly and left him with their targets are: Fr. Peter, Domingo Gomez, must not only be at some other place but that it
no chance to defend himself. Even then, there is Bantil, Fred Gapate, Rene alias Tabagac and must also be physically impossible for him to be at
no evidence on record to prove that appellant Villaning." "Fr. Peter" is Fr. Peter Geremias, an the scene of the crime at the time of its
consciously and deliberately adopted his mode of Italian priest suspected of having links with the commission.‖ There is no physical impossibility
attack to insure the accomplishment of his communist movement; "Bantil" is Rufino Robles, a where the accused can be at the crime scene in a
criminal design without risk to himself. It Catholic lay leader who is the complaining witness matter of 15-20 minutes by jeep or tricycle. More
appeared that appellant acted on the spur of the in the Attempted Murder; Domingo Gomez is important, it is well-settled that the defense of
moment. Their meeting was by chance. They were another lay leader, while the others are simply alibi cannot prevail over the positive identification
strangers to each other. The time between the "messengers". On the same occasion, the of the authors of the crime by the prosecution
initial encounter and the shooting was short and conspirators agreed to Edilberto Manero's proposal witnesses. In this case, there were two
unbroken. The shooting of Chapman was thus the that should they fail to kill Fr. Peter Geremias, eyewitnesses who positively identified the
result of a rash and impetuous impulse on the part another Italian priest would be killed in his stead. accused.
of appellant rather than a deliberate act of will. They later on nailed a placard near the carinderia Contrary to the claim of the Lines brothers, there
Mere suddenness of the attack on the victim would bearing the names of their intended victims. is a community of design to commit the crime.
not, by itself, constitute treachery. Later, at 4:00 pm, the Manero brothers, together Based on the findings of the lower court, they are
However, as to the wounding of Leino and the with Espia and the four (4) appellants, all with not merely innocent bystanders but in fact were
killing of Hultman, the Supreme Court held that assorted firearms, proceeded to the house of vital cogs in the murder of Fr. Fuvali. They
treachery clearly attended the commission of the "Bantil", their first intended victim, which was also performed overt acts to ensure the success of the
crimes. After shooting Chapman, appellant in the vicinity of Deocades'carinderia. After a commission of the crimes and the furtherance of
ordered Leino to sit on the pavement. Haultman heated confrontation, Edilberto drew his revolver the aims of the conspiracy. While
became hysterical and wandered to the side of and fired at the forehead of Bantil who was able accused-appellants may not have delivered the
appellant's car. When appellant went after her, to parry and was hit at the lower portion of his fatal shots themselves, their collective action
Haultman moved around his car and tried to put ear. Bantil tried to run but he was again fired upon showed a common intent to commit the criminal
some distance between them. After a minute or by Edilberto. Though Bantil was able to seek acts.
two, appellant got to Haultman and ordered her to refuge in the house of a certain Domingo Gomez, There is conspiracy when two or more persons
sit beside Leino on the pavement. While seated, Norberto Jr. ordered his men to surround the come to an agreement to commit a crime and
unarmed and begging for mercy, the two were house so that Bantil would die of hemorrhage. decide to commit it. It is not essential that all the
gunned down by appellant. Clearly, appellant Moments later, while Deocades was feeding his accused commit together each and every act
purposely placed his two victims in a completely swine, Edilberto strewed him with a burst of constitutive of the
defenseless position before shooting them. There gunfire from his M-14 Armalite. Deocades cowered 54
was an appreciable lapse of time between the in fear as he knelt with both hands clenched at the offense. It is enough that an accused participates
killing of Chapman and the shooting of Leino and back of his head. This again drew boisterous in an act or deed where there is singularity of
Hultman — a period which appellant used to laughter and ridicule from the dreaded purpose, and unity in its execution is present
prepare for a mode of attack which ensured the desperados. At 5:00 o'clock, Fr. Tulio Favali While it may be true that Fr. Favali was not
execution of the crime without risk to himself. arrived at Km. 125 on board his motorcycle. He originally the intended victim, as it was Fr. Peter
Treachery was thus correctly appreciated by the entered the house of Gomez. While inside, Geremias whom the group targetted for the kill,
trial court against appellant insofar as the killing Norberto, Jr., and his co-accused Pleñago towed nevertheless, Fr. Favali was deemed a good
of Hultman and the wounding of Leino are the motorcycle outside to the center of the substitute in the murder as he was an Italian
concerned. PEOPLE VS. ANTONIO (G.R. NO. highway. Norberto, Jr., opened the gasoline tank, priest. The accused agreed that in case they fail to
128900) spilled some fuel, lit a fire and burned the kill the intended victims, it will be suffice to kill
Facts: An amiable game of cards that started the motorcycle. As the vehicle was ablaze, the felons another priest as long as the person is also Italian
night before turned into tragic event that resulted raved and rejoiced. Upon seeing his motorcycle on priest.
in the fatal shooting of Arnulfo Tuadles by Alberto fire, Fr. Favali accosted Norberto, Jr. But the 55
Antonio. The victim, Arnulfo Tuadles, a former latter simply stepped backwards and executed a DEATH CAUSED IN TUMULTUOUS AFFRAY (ART.
professional basketball player, succumbed thumbs-down signal. At this point, Edilberto asked 251)
instantaneously to a single gunshot wound right the priest: "Ano ang gusto mo, padre (What is it PEOPLE vs. UNLAGADA (G.R. NO. 141080)
between the eyes, inflicted with deadly precision you want, Father)? Gusto mo, Father, bukon ko Facts: ANECITO UNLAGADA y SUANQUE alias ‖
by the bullet of a .9mm caliber Beretta pistol. ang ulo mo (Do you want me, Father, to break Lapad " was charged and subsequently convicted
Antonio was charged with murder. your head)?" Thereafter, in a flash, Edilberto fired by thecourt a quo and sentenced to reclusion
Issue: WON appellant is guilty of murder qualified at the head of the priest. As Fr. Favali dropped to perpetua and ordered to pay the heirs of thevictim
by treachery the ground, his hands clasped against his chest, P100,000.00 as moral damages,P50,000.00 as
temperate damages, andanother P50,000.00 as chest, thereby inflicted the wound which caused rush to Salcedo's aid. Sumilang tried to pacify the
exemplary damages.In the evening Danilo Laurel hisd eath. maulers so he could extricate Salcedo from them.
left his house togetherwith Edwin Selda, a visitor Issue: Whether accused is guilty of death caused in But the maulers pursued Salcedo unrelentingly,
from Bacolod City, to attend a public dance at tumultuous affray instead of murder. boxing him with stones in their fists. Somebody
Rizal St., Mag-asawang Taytay, Hinigaran, Negros Held: There was no merit in accused’s position gave Sumilang a loyalist tag which Sumilang
Occidental. Two (2) hours later, or around 11:00 that he should be held liable only for death caused showed to Salcedo's attackers. They backed off for
o'clockthat evening, Danilo asked Edwin to take a intumultuous affray under Article 251 of the a while and Sumilang was able to tow Salcedo
short break from dancing to attend to their Revised Penal Code. It was in such situation away from them. But accused Raul Billosos
personalnecessities outside the dance hall. Once thataccused came at the scene and joined the fray emerged from behind Sumilang as another man
outside, they decided to have a drink and bought purportedly to pacify the protagonists boxed Salcedo on the head. Accused Richard de los
two(2) bottles of Gold Eagle beer at a nearby whenMiguelito attacked him causing four stab Santos also boxed Salcedo twice on the head and
store.Not long after, Danilo, halfway on his first wounds in different parts of his body. Assuming kicked him even as he was already fallen. Salcedo
bottle, left to look for a place to relievehim. that arumble or a free-for-all fight occurred at the tried to stand but accused Joel Tan boxed him on
According to Edwin, he was only about three (3) benefit dance, Article 251 of the Revised the left side of his head and ear. Accused Nilo
meters from Danilo who was relievinghimself when Codecannot apply because prosecution witnesses Pacadar punched Salcedo on his nape. Sumilang
a short, dark bearded man walked past him, Ricardo and RegarderDonato positively tried to pacify Pacadar but the latter lunged at the
approached Danilo and stabbed himat the side. identifiedthe accused as Miguelito’s killer. While victim again. Accused Joselito Tamayo boxed
Danilo retaliated by striking his assailant with a the accused himself suffered multiple stab Salcedo on the left jaw and kicked him as he once
half-filled bottle of beer. Almost simulitaneously, wounds, whichat first, may lend verity to his claim more fell. Banculo saw accused Romeo Sison trip
a group of men numbering about seven, ganged up that a rumble has ensued and that Miguelito Salcedo and kick him on the head, and when he
on Danilo and hit him with assorted weapons, i.e., inflicted uponhim these wounds, the evidence was tried to stand, Sison repeatedly boxed him. 6
bamboo poles, stones and pieces of wood. Edwin, inadequate to consider them as mitigating Sumilang saw accused Gerry Neri approach the
who waspetrified, could only watch helplessly as circumstancebecause defense’s version stood victim but did not notice what he did.
Danilo was being mauled and overpowered by discredited in light of the more credible version of The mauling resumed at the Rizal Monument and
hisassailants. Danilo fell to the ground and died theprosecution as to the circumstances continued along Roxas Boulevard until Salcedo
before he could be given any medical assistance. surrounding Miguelito’s death. However, the collapsed and lost consciousness. Sumilang flagged
Issue: Whether the testimony of prosecution Supreme Courtdid not subscribe to trial court’s down a van and with the help of a traffic officer,
witness was credible; andWhether the lower court appreciation of treachery, which was discussed brought Salcedo to the Medical Center Manila but
is right in convicting the accused of murder only in thedispositive portion of the decision and he was refused admission. So they took him to the
qualified by treachery andnot death in a which was based solely on the fact that the Philippine General Hospital where he died upon
tumultuous affray. accused useda firearm in killing the victim arrival.
Held: Art. 251. Death caused in a tumultuous Miguelito. In the absence of any convincing proof For their defense, the principal accused denied
affray. - When, while several persons, not that the accusedconsciously and deliberately their participation in the mauling of the victim and
composinggroups organized for the common adopted means by which he committed the crime offered their respective alibis.The trial court
purpose of assaulting and attacking each other in order to ensureits execution, the Supreme Court rendered a decision finding Romeo Sison, Nilo
reciprocally,quarrel and assault each other in a resolved the doubt in favor of the accused. And Pacadar, Joel Tan, Richard de los Santos and
confused and tumultuous manner, and in the since treacherywas not adequately proved, the Joselito Tamayo guilty as principals in the crime of
course of theaffray someone is killed, and it accused was convicted of homicide only. The murder qualified by treachery. On appeal, the CA
cannot be ascertained who actually killed the Supreme Courtmodified the judgment appealed modified the decision of the trial court by
deceased, but theperson or persons who inflicted from and found the accused guilty beyond acquitting Annie Ferrer but increasing the penalty
serious physical injuries can be identified, such reasonable doubt of homicide, defined and of the rest of the accused, except for Joselito
person orpersons shall be punished by prision penalized under Article 249 of the Revised Penal Tamayo, to reclusion perpetua. The appellate
mayor. Verily, the attack was qualified by Code, for the killing of MiguelitoDonato without court found them guilty of murder qualified by
treachery. Thedeceased was relieving himself, the attendance of any modifying circumstance. abuse of superior strength, but convicted Joselito
fully unaware of any danger to his person when Accordingly, the Courtsentenced the accused to Tamayo of homicide
suddenly theaccused walked past witness Edwin suffer the indeterminate penalty of ten years of Issue: Whether accused are guilty of violation of
Selda, approached the victim and stabbed him at prision mayor, asminimum, to seventeen years, Art. 251 of the RPC.
theside. There was hardly any risk at all to and four months of reclusion temporal, as Held: Appellants claim that the lower courts erred
accused-appellant; the attack was completely maximum, with all itsaccessory penalties, and to in finding the existence of conspiracy among the
withoutwarning, the victim was caught by surprise, pay the heirs of Migueltio in the amount of principal accused and in convicting them of
and given no chance to put up any defense. P10,000 as actualdamages and P50,000 as death murder qualified by abuse of superior strength,
Thepenalty for murder under Art. 248 of The indemnity. not death in tumultuous affray. A tumultuous
Revised Penal Code is reclusion temporal in 57 affray takes place when a quarrel occurs between
itsmaximum period to death. Absent any SISON VS. PEOPLE (G.R. NOS. 108280-83) several persons and they engage in a confused and
aggravating or mitigating circumstance, the Facts: On July 27, 1986, in support to the Marcos tumultuous affray, in the course of which some
penaltyshould be imposed in its medium period government, Marcos loyalists had a rally at Luneta. person is killed or wounded and the author thereof
which, as correctly imposed by the court a quo, is At about 4:00 p.m., a small group of loyalists cannot be ascertained.
reclusion perpetua. converged at the Chinese Garden. There, they saw 58
56 Annie Ferrer, a popular movie starlet and Death in a tumultuous affray is defined in Article
PEOPLE vs. MARAMARA (G.R. NO. 110994) supporter of President Marcos, jogging around the 251 of the Revised Penal code as follows:
Facts: The case is an appeal from the decision of fountain. They approached her and informed her Art. 251. Death caused in a tumultuous affray. —
the Regional Trial Court of Masbate convicting of their dispersal and Annie Ferrer angrily ordered When, while several persons, not composing
theaccused CresencianoMaramara of murder and them "Gulpihin ninyo and mga Cory hecklers!" Then groups organized for the common purpose of
sentencing him to suffer the penalty of she continued jogging around the fountain assaulting and attacking each other reciprocally,
reclusionperpetua and to pay the victim’s heirs the chanting. A few minutes later, Annie Ferrer was quarrel and assault each other in a confused and
amount of P10,000 as medical and funeral arrested by the police. However, a commotion tumultuous manner, and in the course of the
expensesand P50,000 as moral damages. The ensued and Renato Banculo, a cigarette vendor, affray someone is killed, and it cannot be
accused challenged the findings of the trial court saw the loyalists attacking persons in yellow, the ascertained who actually killed the deceased, but
in order tosecure an acquittal or, at the least, color of the "Coryistas." Renato took off his yellow the person or persons who inflicted serious
being held liable only for the death of shirt. He then saw a man wearing a yellow t-shirt physical injuries can be identified, such person or
MiguelitoDonato in atumultuous affray as defined being chased by a group of persons shouting. The persons shall be punished by prison mayor.
in Article 251 of the Revised Penal Code.The man in the yellow t-shirt was Salcedo and his If it cannot be determined who inflicted the
information against the accused alleged that in the pursuers appeared to be Marcos loyalists. They serious physical injuries on the deceased, the
evening of November 18, 1991, inBarangay Calpi, caught Salcedo and boxed and kicked and mauled penalty ofprision correccional in its medium and
Claveria, Masbate, the accused, with intent to kill, him. Salcedo tried to extricate himself from the maximum periods shall be imposed upon all those
evident premeditation,treachery and taking group but they again pounced on him and who shall have used violence upon the person of
advantage of nighttime, assaulted and shot with a pummelled him with fist blows and kicks hitting the victim.
hand gun MiguelitoDonato and hit the latter on the him on various parts of his body. Banculo saw For this article to apply, it must be established
Ranulfo Sumilang, an electrician at the Luneta, that: (1) there be several persons; (2) that they
did not compose groups organized for the common act of all.Although the agreement need not be cause the death of the child while still in its
purpose of assaulting and attacking each other directly proven, circumstantial evidence of such maternalwomb,thereby committing both crimes of
reciprocally; (3) these several persons quarrelled agreementmust nonetheless be convincingly PARRICIDE and INTENTIONAL ABORTION as to the
and assaulted one another in a confused and shown. In the case at bar, petitioner and accused damageand prejudice of the heirs of said woman
tumultuous manner; (4) someone was killed in the Eraso’sseemingly concerted and almost and child in the amount as the Honorable Court
course of the affray; (5) it cannot be ascertained simultaneous acts were more of a spontaneous shallassess.
who actually killed the deceased; and (6) that the reaction ratherthan the result of a common plan to Issue:Should Filomeno Salufrania be held liable for
person or persons who inflicted serious physical kill the victim. Evidently, the prosecution failed to for the complex crime of parricide withuni
injuries or who used violence can be identified. 62 provethat the metallic fragments found in the ntentional abortion?
A tumultuous affray takes place when a quarrel fatal wound of the victim were particles of a .45 Held: The evidence on record, therefore,
occurs between several persons and they engage in caliberbullet that emanated from the .45 caliber establishes beyond reasonable doubt that accused
a confused and tumultuous affray, in the course of pistol fired by petitioner. Hence, the Supreme FilomenoSalufrania committed and should be held
which some person is killed or wounded and the Courtset aside the decision of the Court of Appeals liable for the complex crime of parricide
author thereof cannot be ascertained. 63 affirming the conviction of petitioner for the withunintentional abortion. The abortion, in this
The quarrel in the instant case, if it can be called crimeof homicide and acquitted the petitioner of case, was caused by the same violence that
a quarrel, was between one distinct group and one the crime charged on the ground of causedthe death of Marciana Abuyo, such violence
individual. Confusion may have occurred because reasonabledoubt. A new decision was entered being voluntarily exerted by the herein
of the police dispersal of the rallyists, but this finding petitioner Geronimo Dado guilty of the accusedupon his victim.It has also been clearly
confusion subsided eventually after the loyalists crime of illegaldischarge of firearm and sentenced established (a) that Marciana Abuyo was seven (7)
fled to Maria Orosa Street. It was only a while him to suffer the indeterminate penalty of six (6) to eight (8) monthspregnant when she was killed;
later after said dispersal that one distinct group months of arresto mayor, as minimum, to two (2) (b) that violence was voluntarily exerted upon her
identified as loyalists picked on one defenseless years and eleven (11) months of prision by herhusband accused; and (c) that, as a result of
individual and attacked him repeatedly, taking correccional, asmaximum. said violence, Marciana Abuyo died together with
turns in inflicting punches, kicks and blows on him. 60 the fetus in her womb.
There was no confusion and tumultuous quarrel or UNINTENTIONAL ABORTION (ART. 257)
affray, nor was there a reciprocal aggression at PEOPLE vs. GENOVES (G.R. NO. 42819) MUTILATION (ART. 262)
this stage of the incident. Facts: Crispin Genoves and deceased Soledad AGUIRRE vs. SECRETARY (G.R. NO. 170723)
59 Rivera were laborers in adjoining cane fields. FACTS: On June 11,2002 petitioner Gloria Aguirre
DISCHARGE OF FIREARM (ART. 254) Riveraclaimed that the yoke of the plow which the instituted a criminal complaint for the violation of
DADO vs. PEOPLE (G.R. NO. 131421) accused was repairing belonged to her and tried Revised Penal Codeparticularly Articles 172 and
Facts: The present case is a petition for review totake it by force. The accused struck her with his 262, both in relation to Republic Act No.7610
under Rule 45 of the Rules of Court assailing fist causing her to fall to the ground. She got against respondents Pedro Aguirre, Olondriz,Dr.
thedecision of the Court of Appeals which affirmed upand returned to the quarrel where she received Agatep, Dr. Pascual and several John/Jane Doe
the decision of the Regional Trial Court of Kudarat another fist blow on the left cheek causing her alleging that John/Jane Doe upon the apparent
finding the Geronimo Dado and Francisco Eraso tofall again to the ground. Immediately after the instructions of respondents Michelina
guilty of the crime of homicide. Theinformation incident, the deceased proceeded to themunicipal Aguirre-Olondriz and Pedro Aguirre actually
charged both Dado and Eraso with murder building, she complained to the chief of police of scouted, prospected, facilitated solicited and/or
allegedly committed by said the accused,armed pain in the abdomen as she waspregnant at the procured the medical services of respondents Dr.
with firearms, with intent to kill, with evident time. For a few days, the deceased suffered from Pascual and Dr. Agatep on the intended mutilation
premeditation and treachery, and shotSilvestre hemorrhage and pain whichresulted in the painful via bilateralvasectomy of Laureano
Balinas thereby inflicting gunshot wounds upon the and difficult premature delivery of one of the twin Aguirre.Olondriz denied that the prospected,
latter which caused his instantdeath.The babies that she waycarrying, but the other baby scouted, facilitated, solicited and/or procured any
antecedent facts as narrated by prosecution could be delivered. Both babies were false statement mutilatedor abused his common
witnesses Alfredo Balinas and Rufo Alga wereas dead.Genoves was convictedin the Court of First law brother, Laureano Aguirre. She further
follows: On the night of May 25, 1992, the Instance of Occidental Negros of the complex contends that his common law brother went
Esperanza, Sultan Kudarat Police Station crime of homicide withabortion. An appeal was through avasectomy procedure but that does not
formedthree teams to intercept some cattle made by the accused. amount to mutilation.Dr. Agatep contends that the
rustlers. The Team composed of the petitioner Issue: Should the accused be held guilty for the complainant has no legal personality to file a case
SPO4Geronimo Dado and CAFGU members death of the victim and her unborn child? since she is only a common lawsister of Larry who
Francisco Eraso, AflredoBalinas and Rufo Alga Held: It is generally known that a fall is liable to has a legal guardian in the person of Pedro
waitedbehind a large dike. Alfredo Balinas and cause premature delivery, and the evidence shows Aguirre. He further contends that Vasectomy does
Rufo Alga, who were both armed with M14 acomplete sequel of events from the assault to her not inany way equate to castration and what is
armaliterifles, were positioned between the death. The accused must be held responsiblefor touched in vasectomy is not considered an organ in
petitioner, who was armed with a caliber .45 the natural consequences of his act.However, the the context of law andmedicine.The Assistant City
pistol, andaccused Francisco Eraso, who was mitigating circumstances of lack of intentto Prosecutor held that the facts alleged did not
carrying an M16 armalite rifle. At around 11:00 of commit so grave a wrong as that inflicted and amount to mutilation, the vasectomy operationdid
that sameevening, the team saw somebody provocation are present, as the offended partyby not deprived Larry of his reproductive organ.Gloria
approaching at a distance of 50 meters. When he force induced the accused to use force on his Aguirre then appealed to the Secretary of the DOJ
was about 5 meters away from the team, Alfredo part.The abortion in this case is but Chief State Prosecutor dismissed the petition
Balinas noticed that Francisco Eraso was making unintentionalabortion denounced by Article 257 of statingthat the Secretary of Justice may motu
somemovements. Balinas told Eraso to wait, but the Revised Penal Code. propio dismiss outright the petition if there is no
before Balinas could beam his flashlight, Eraso PEOPLE vs. SALUFRANIA (G.R. NO. L-508804) showing of any reversible error inthe questioned
firedhis M16 armalite rifle at the approaching man. Facts: Before the court is information, dated 7 May resolution.
Immediately thereafter, petitioner fired a 1976, Filomeno Salufrania y Aleman was ISSUE: Whether or not the respondents are liable
singleshot from his .45 caliber pistol. The victim chargedbefore the Court of First Instance of for the crime of mutilation
turned out to be Silvestre ―Butsoy‖ Balinas, Camarines Norte, Branch I, with the complex HELD: No, the court held that Article 262 of the
thenephew of Alfredo Balinas. Eraso embraced crime of parricide with intentional abortion, Revised Penal Code provides that Art. 262.
Alfredo Balinas to show his repentance for his committed that on or about the 3rd day of Mutilation. 1⁄43 The penalty of reclusion temporal
deed. December, 1974,in Tigbinan, Labo, Camarines to reclusion perpetua shall be imposed upon
Issue: Whether accused is guilty of homicide Norte, Philippines, and within the jurisdiction of anyperson who shall intentionally mutilate another
instead of illegal discharge of firearm only. the HonorableCourt the accused Filomeno by depriving him, either totally or partially, of
Held: In convicting the petitioner, both the trial Salufrania y Aleman did then and there, willfully, some essential organ for reproduction. Any other
court and the Court of Appeals found that unlawfully, andfeloniously attack, assault and use intentional mutilation shall be punished by prision
conspiracyattended the commission of the crime. personal violence on MARCIANA ABUYO- mayor in its medium and maximum periods. A
The Court of Appeals ruled that petitioner Dado SALUFRANIA, thelawfully wedded wife of the straightforward scrutiny of the above provision
andaccused Eraso conspired in killing the accused, by then and there boxing and stranging shows that the elements of mutilation under the
deceased, thus, it is no longer necessary to her, causing uponher injuries which resulted in her first paragraph of Art.262 of the Revised Penal
establish whocaused the fatal wound in as much as instantaneous death; the accused likewise did then Code to be 1) that there be a castration, that is,
conspiracy makes the act of one conspirator the and therewillfully, unlawfully, and feloniously mutilation of organs necessary for generation;and
2) that the mutilation is caused purposely and by Arugay. It cannot be assumed that Sangalang committed at any time as near to the actual date
deliberately, that is, to deprive the offended party did what he did with the knowledge or assent of when the offense was committed an information is
of some essentialorgan for reproduction. According Li, much more in coordination with each other. It sufficient.
to the public prosecutor, the facts alleged did not was also proved that Li, already weak and injured, In this case, although the indictments did not state
amount to the crime of mutilation as defined could possibly inflict fatal stab wounds on Arugay. with particularity the dates when the sexual
andpenalized above, i.e., â1⁄4 Absent any clear showing of conspiracy, Kingstone assaults took place, we believe that the
[t]he vasectomy operation did not in any way Li cannot answerfor the crime of Eduardo allegations therein that the acts were committed
deprived (sic) Larry of his reproductive Sangalang. Petitioner Kingstone Li is ACQUITTED of ―sometime during the month of March 1996 or
organ,which is still very much part of his physical the charge of Homicide for lack of evidence thereabout‖, ―sometime during the month of
self. beyond reasonable doubt. However, he is found April 1996 or thereabout‖, ―sometime during the
62 GUILTY of the crime of SLIGHT PHYSICAL INJURIES. month of May 1996 or thereabout‖ substantially
SLIGHT PHYSICAL INJURIES (ART. 266) 63 apprised appellant of the crimes he was charged
LI vs. PEOPLE (G.R. NO. 127962) RAPE (ART. 266-A) with since all the elements of rape were stated in
Facts: One morning in April 1993, street brawl PEOPLE VS. SALALIMA (G.R. NOS. 137969-71) the informations. As such, appellant cannot
ensued between Christopher Arugay and his Facts: 15 year old Miladel Q. Escudero was left complain that he was deprived of the right to be
neighbor, Kingstone Li. Arugay sustained multiple alone by her mother one day when the latter went informed of the nature of the cases filed against
stab wounds causing his death while Li to work as a manicurist. She was left with her him. Accordingly, appellant’s assertion that he was
sustainedhack wounds on the head and contusions. younger sister, Lovelymae, whom she took care of deprived of the opportunity to prepare for his
Two different versions of the incident were constantly while her mother was away at times. defense has no leg to stand on.
presented. According to the first version, Arugay That same morning, the accused arrived and ate 64
was watching the television with his sisters Cristy breakfast at their house, and afterwards went to PEOPLE VS. LOYOLA (G.R. NO. 126026)
and Baby Jane and Tan, boyfriend of Baby Jane, attend to some work up in the mountains. Miladel Facts: 16 year old Stecy Gatilogo took a trip from
when they heard a noise caused by Li and then went to her sister’s room to get some sleep. Cebu City to visit her grandmother in Lanao del
Sangalang who were then bathing naked outside She was awakened by the presence of the Sur. It was during this trip that she saw and
their house. Enraged, Arugay went outside and appellant, who managed to have sexual became acquainted with accused Mauricio Loyola,
confronted the two which eventually ended up intercourse with the victim after threatening to a bus conductor, who seemed to take special
with Li striking Arugay with a baseball bat on the kill her and holding a bolo to her throat. After interest in her. He saw to it that he could sit by
head and later stabbing him with a knife. satisfying his lust, appellant walked away, warning her side after issuing bus tickets to the other
Sangalang was also seen stabbing the victim at again complainant not to reveal what had passengers, and striking a conversation with her.
least once with a knife. The second version, happened, otherwise he will kill her and her The bus was not able to reach its destinationthat
offered by Li however presented that Li was mother. Complainant recalled that she was also day because the road became too slippery for the
watching the television with a friend when Arugay sexually abused by appellant the following month bus to continue. As she was about to get down
and his girlfriend hurled objects and kicked the that year. It took place in the kitchen of their from the bus, Loyola blocked her way and advised
gate of his house. Upon seeing that Arugay has house while her mother was in the poblacion. her not to go anymore as it was getting dark. Stecy
gotten himself two kitchen knives, Li armed Another assault was repeated that same year. The was prevailed upon to stay in the bus. The bus
himself with a baseball bat. Li managed to evade victim was not able to report the three incidents turned around and traveled back to the nearest
Arugay’s thrusts and successfully hit him with the to the authorities and to her relatives since the town known as Kalilangan, Bukidnon. At about
bat on the shoulder with which Arugay ran back to accused threatened to kill her and her family. seven-thirty, the bus parked at the terminal,
his house and emerged carrying a bolo. Arugay The victim also testified that the sexual assaults where she was invited by the accused to have
tried to hit Li with the bolo but Li raised his right were all committed by appellant during daytime. dinner at a local carinderia. Afterwards, the two
hand to protect himself but Arugay was able to hit When asked if the penis of appellant was able to went back to the bus to get some rest.
him on his right temple, right wrist, and right penetrate her vagina, she frankly declared that in At about midnight, Stecy was startled when she
shoulder. Li passed out. Sangalang was also the first encounter only half of the penis felt that someone had touched her breast. When
present when the incident started. Arugay died of penetrated her vagina but in the second and third the person told her not to shout, Stecy recognized
multiple stab wounds while Li was brought to the incidents, appellant’s entire penis penetrated her accused by his voice. Stecy begun to cry and
hospital. vagina. became frightened when accused threatened to
RTC charged Li with homicide and ruled the One time, the victim’s mother had an altercation kill her if she would cry for help. She found herself
existence of conspiracy although concluded that it with appellant. The quarrel became quite serious unable to rise because her arm had stuck into a
was Sangalang, and not Li, who stabbed Arugay. that appellant said something about his relation small gap between the seat and seat armrest
Court of Appeals affirmed RTC’s decision but with complainant by telling Erenita, ―Ang imong during her sleep. With her feet touching the floor,
opined that since it has not been established anak dugay na nakong nakuha, siguro buntis na‖ accused rode on top of her and begun to open the
which wound was inflicted by either one of them, (―I have had sexual intercourse with your daughter button and zipper of her pants. Stecy's pleas were
they should both be held liable and each one is a long time ago, maybe she is already pregnant‖). unheaded. With one arm trapped by the seat
guilty of homicide, whether or not a conspiracy When confronted by her mother, Miladel revealed armrest, Stecy's resistance was futile. Accused
exists. the sexual abuses done to her by appellant. Asked drew down her pants and panty, spread her legs
Issue: Whether or not there was conspiracy why she did not reveal these abuses, complainant and succeeded in having sexual intercourse with
between Li and Sangalang. If there is not, what told her mother that appellant had threatened her. Afterwards, the accused stood up and said
acts are imputable to Li. her. Erenita immediately brought complainant to "keep quiet, anyway it was already finished". Then
Held: No, RTC erred in concluding an implied the doctor for medical examination. Assisted by he sat by Stecy and tried to comfort and reassure
conspiracy. The facts that Li and Sangalang were her mother, lodged complaints for rape against her even as she continued to sob. Because her own
in the same house at the same time; and that they appellant. Afterwards, appellant was arrested and shirt had been badly soiled, she agreed to the
both armed themselves before going out to meet detained. After trial, the accused was convicted of offer of the accused to put on his shirt.
Arugay are not in themselves sufficient to establish the crime of rape. The next morning, the bus with only Stecy as its
conspiracy. Issue: Whether or not the informations are passenger, The driver decided to return to
Sangalang stabbed Arugay only after petitioner had defective because the date and time of Cagayan de Oro City instead. When the bus passed
become unconscious. Before that point, even as Li commission of the crimes are not stated with by Pangantucan, Stecy got off at her mother's
struck Arugay with a baseball bat, it was not particularity. house. Stecy did not have the heart to report the
proven that Li had asked for, or received, any Held: The Supreme Court overruled this argument incident to her mother. However, a close friend
assistance from Sangalang. Based on these and affirmed the guilt of the accused, sentencing noticed that the victim was distraught and
circumstances, Sangalang and Li had not acted in him to reclusion perpetua. managed to get the whole story of the incident;
concert to commit the offense. After Arugay had Failure to specify the exact dates or time when the friend reported the incident to her brother,
struck hack wounds on Li and as Li lay the rapes occurred does not ipso facto make the who was a policeman. Maribel and her
incapacitated, possibly unconscious, it remained information defective on its face. The reason is grandmother with other relatives brought Stecy to
highly doubtful whether he had any further obvious. The precise date or time when the victim the police station.
participation in the brawl. At that point, was raped is not an element of the offense. The After trial on the merits of the case, the accused
Sangalang, emerged and stabbed Arugay to death. gravamen of the crime is the fact of carnal was found guilty of rape. The accused now argues
In fact, the stabbing of Arugay could very well be knowledge under any of the circumstances that the incident between him and the victim was
construed as a spur-of-the- moment reaction by enumerated under Article 335 of the Revised Penal consensual and free from duress, since he actually
Sangalang upon seeing that his friend Li was struck Code. As long as it is alleged that the offense was
courted the victim and the latter agreed to be his The SC ruled that the assertion that the Held: The SC said yes. An accusation for rape can
girlfriend. commission of such crime during broad daylight be made with facility; it is difficult to prove but
Issue: Whether or not the sweetheart defense may was highly improbable – is illogical. It said that lust even more difficult to disprove by the person
relied upon as a ground for acquittal in the crime is no respecter of time and place. Rape can be charged, though innocent; (2) in view of the
of rape committed in places where people congregate, in intrinsic nature of the crime of rape where only
Held: The Supreme Court said that this was not a parks, alongside the road, within school premises, two persons are usually involved, the testimony of
valid defense, and that the accused was guilty inside a house where there are other occupants, the complainant must be scrutinized with extreme
nonetheless. and even in the same room where there are other caution; and (3) the evidence of the prosecution
The "sweetheart defense" has often been raised in members of the family who are sleeping. How must stand or fall on its own merits, and cannot be
rape cases. It has been rarely upheld as a defense much more in a remote hilly place where houses allowed to draw strength from the weakness of the
without convincing proof. Here, the accused bears are distantly situated, such as in the instant case. evidence for the defense.
the burden of proving that he and complainant had While the defense tried to establish through The Court has repeatedly ruled that the lone
an affair that naturally led to a sexual prosecution eyewitness Reoveros that there were testimony of the victim may suffice to convict the
relationship. Jurisprudence tells us that no young other houses near the victim's, it has not shown rapist. When a victim says she has been raped, she
Filipina of decent repute would publicly admit she that there were occupants present during the says in effect all that is necessary to show that
had been raped unless that was the truth. Even in perpetration of the crime who could have rape has been committed and if her testimony
these modern times, this principle still holds true. witnessed or perceived it, but failed to. Nothing meets the test of credibility, the accused may be
The accused was not able to present any proof to on record contradicts the eyewitness' testimony as convicted on the basis thereof.
show that he and the complainant were indeed to the commission of the crime by appellant during In this case, the SC agrees with the lower court
lovers, that he had courted her and that she had that fateful hour and day at the place where the that the credibility of the victim has not been
accepted him. Other than his self- serving victim was found. impaired by her alleged inconsistencies alluded to
statement, "no documentary evidence of any sort, The defense of alibi, as a rule, is considered with by the defendant. Although there may be some
like a letter or a photograph or any piece of suspicion and is always received with caution, not inconsistencies in her testimony, but these are
memento, was presented to confirm a liaison only because it is inherently weak and unreliable minor ones that do not destroy her credibility
between accused and the complainant. The Court but also because it can be easily fabricated. It neither weakens the case of the prosecution. It
found that the same is but a mere concoction by cannot prevail over the positive identification of even impressed of the mind of the Court that the
appellant in order to exculpate himself from any the appellant by a credible eyewitness who has no same is not fabricated. It is expected also
criminal liability. ill motive to testify falsely. For such defense to considering the nightmare she has gone through
65 prosper, it must be convincing enough to preclude which some people would like to forget. The
The SC also said that even if indeed accused and any doubt on the physical impossibility of the relationship between a stepfather and
complainant were sweethearts, this fact does not presence of the accused at the locus criminis at stepdaughter is akin to the relationship of a
necessarily negate rape. A sweetheart cannot be the time of the incident. natural father and a natural daughter especially if
forced to have sex against her will. Definitely, a But, according to Paraiso, his house was merely the stepdaughter grew up recognizing him as her
man cannot demand sexual gratification from a about two thousand meters from that of the own. Such relationship necessarily engendered
fiancee and, worse, employ violence upon her on Recilla's. Even by foot, such distance is not moral ascendancy of the stepfather over the
the pretext of love. Love is not a license for lust. impossible to trek in less than an hour.26 By the step-daughter.
PEOPLE vs. PARAISO (G.R. No. 131823) 66 67
Facts: One day from mid morning to noon, the eyewitness' account, the victim's unlawful PEOPLE vs. WATIMAR (G.R. Nos. 121651-52)
victim’s father was having a drinking spree with defilement took no more than five minutes and, Facts: 20 year old Myra Watimar testified that one
the defendant and some other people at the place immediately thereafter, appellant savagely hacked evening, she slept together with her brothers and
of a copra dealer. The defendant then told his her neck. All these could, therefore, have sisters, namely Bernardo, Marilou, Leonardo, Ariel
buddies that he had to proceed to the place of the happened when defense witness Buizon was out and Lea, without her mother who went to the
'pamanhikan' which concerned his son. Defendant gathering bamboo trees. She simply presumed that hospital as her aunt was about to give birth; that
likewise asked the victim’s father who were the appellant was asleep all throughout. Given the her father slept with them in the same room. At
persons in their house, and the latter told the positive identification of appellant by a credible early dawn, she felt that somebody was on top of
defendant that his children Arlene(the victim) and eyewitness -- his own nephew -- as the her and kissing her neck. The defendant proceeded
two year-old Dona Janice will be left in their rapist-killer, his defense of alibi must necessarily to threaten the victim and succeeded in having
house, as the other two children will buy rice. fail. PEOPLE vs. BALACANO (G.R. No. 127156) sexual intercourse against her will. Another
On the same day late that afternoon, one of the Facts: The 14 year old victim, Esmeralda Balacano, incident happened shortly thereafter; when the
neighbors of the victim heard the voice of a young alleged that she was raped five times by her victim was again assaulted in their communal
child shouting 'Diyos ko po, Diyos ko po, tama, na stepfather, the accused. She could not anymore kitchen while she was preparing her meals.
po, tama na po.' He was thus impelled to proceed remember the dates she was ravished except that Afterwards, she was threatened by her father not
to the place where the shout came from. When he which happened on August 9, 1995. She also to tell anyone about the incident. The accused
was already near, he saw defendant Isagani narrated that on the said date, at around 7:00 denied the incident and alleged the defense of
Paraiso carrying a child face down, with his two o'clock in the evening, she and her sister alibi, and that he was not at home when the said
hands. He hid himself in a shrubby place where Peñafrancia were in their residence when the crime happened.
there were several anahaw trees. The he saw appellant entered the room, asked her sister to go Issues: Whether or not the possibility of rape is
appellant put down the child with her face up on out, and ordered her (victim) to undress. Sensing negated by the presence of family members in the
.the ground. The child was Arlene Recilla. He saw that appellant was drunk and afraid of his anger, place where the crime happened
appellant remove the shorts of Arlene then raise she complied. Appellant then inserted his penis Held: The possibility of rape is not negated by the
her upper clothes and pull down his pants. Paraiso into her vagina. After satisfying his lust, he slept. presence of even the whole family of the accused
then placed himself on top of Arlene and raped her She then went out of the house to look for her inside the same room with the likelihood of being
for about five minutes. Thereafter, the accused sister and they waited for their mother. Upon the discovered. For rape to be committed, it is not
hacked Arlene on the neck with a bolo. Because of arrival of the latter, they went to the police necessary for the place to be ideal, or the weather
fear, the witness. He reported the incident to station where the investigation of the incident to be fine, for rapists bear no respect for locale
Barangay Captain who in turn summoned his took place. and time when they carry out their evil deed.
barangay kagawad and they went to the place Balacano denied the whole thing. According to Rape may be committed even when the rapist and
where they found the victim already dead. After him, on the alleged date of commission of the the victim are not alone, or while the rapist's
trial on the merits, the trial court found the crime, he was alone, sleeping inside their rented spouse was asleep, or in a small room where other
defense of alibi of the defendant unavailing, and room. He denied having raped the victim. No other family members also slept, as in the instant case.
convicted him. witness was presented to corroborate his The presence of people nearby does not deter
Issue: Whether or not there is merit in the defense testimony. The trial court found the evidence for rapists from committing their odious act. Rape
of the accused - that the commission of the crime the prosecution enough to convict appellant Jaime does not necessarily have to be committed in an
was improbable because it was committed during Balacano for raping his step-daughter Esmeralda isolated place and can in fact be committed in
daytime Balacano. places which to many would appear to be unlikely
Held: The SC affirmed the decision of the trial Issue: Whether or not the lone testimony of the and high-risk venues for sexual advances.
court convicting the defendant, based mainly on victim of the crime of rape is sufficient to convict Whether or not the rape victim has to prove that
the testimony of the primary witness. the accused she resisted the assault The law does not impose
upon a rape victim the burden of proving
resistance, especially where there is intimidation. of 1997, to include not only "rape by for ransom in the amount of P100,000.00. Johnny
Physical resistance need not be established in rape sexualintercourse" but now likewise "rape by immediately reported the call to the PACC Task
when intimidation is exercised upon the victim and sexual assault." The Supreme Court observed that Force.
she submits herself against her will to the rapist's boththe trial court and the appellate court failed The next day, Suriaga called Mercedita, introduced
lust because of fear for her life or personal safety. to provide civil liability ex delicto, an himself and asked her if she and her husband
In rape cases, it is not necessary that the victim indemnityauthorized by prevailing judicial policy would give the amount to which the latter
should have resisted unto death or sustained to be an equivalent of actual or compensatory responded in the positive. Suriaga instructed
injuries in the hands of the rapist. It suffices that damages incivil law. The award of P50,000.00 civil Mercidita as to the how the money should be
intercourse takes place against her will or that she indemnity and P100,000.00 moral damages delivered to him with a warning that if she will not
yields because of a genuine apprehension of great adjudged bythe trial court for each count of sexual deliver the money ,her daughter would be placed
harm. In incestuous rape, actual force and assault were excessive and were reduced to in a plastic bag or thrown in a garbage can.
intimidation is not even necessary. The reason for P25,000.00civil indemnity and P25,000.00 moral Thereafter, with the cash money, and while being
this is that in a rape committed by a father against damages for each count. The award of tailed by PACC agents, Mercida proceeded to
his own daughter, the moral ascendancy of the exemplarydamages was deleted for lack of legal deliver the money to Suriaga. The PACC agents
former over the latter substitutes for violence and basis. The Supreme Court affirmed the judgment arrested Suriaga and his companion Isidera after
intimidation. appealedtherefrom and convicted Geronimo Mercida gave the money to them. Prior thereto,
Whether or not there must be medical findings Ordinario of rape by sexual assault on twelve (12) Nicole was rescued in a shanty where Rosita’s
presented as evidence of the alleged crime A counts. sister lived.
medical examination is not indispensable to the PEOPLE vs. DELA TORRE Issue: Whether or not there was a deprivation of
prosecution of rape as long as the evidence on Facts: On or about the 2nd week of September at the victim’s liberty in this case
hand convinces the court that conviction for rape Barangay Tumarbong, in the Municipality of Held: The Supreme Court said that there was, and
is proper. Although the results of a medical Roxas,Palawan, the accused Butchoy Dela Torre in affirmed the guilt of the accused. The essence of
examination may be considered strong evidence to conspiracy and confederating with his wife, Fe the crime of kidnapping is the actual deprivation
prove that the victim was raped, such evidence is DelaTorre, by means of force, threat and of the victim’s liberty, coupled within dubitable
not indispensable in establishing intimidation, did then and there willfully, proof of the accused’s intent to effect the same.
accused-appellant's guilt or innocence. A medical unlawfully andfeloniously have carnal knowledge And if the person detained is a child, the question
examination is not indispensable in a prosecution with one Baby Jane Dagot, a girl of 16 years of age that needs to be addressed is whether there is
for rape. Medical findings or proof of injuries, against her will and consent, to her damage and evidence to show that in taking the child, there
virginity, or an allegation of the exact time and prejudice. Nine criminal cases were consolidated was deprivation of the child’s liberty and that it
date of the commission of the crime are not and joint trial conducted before the Regional Trial was the intention of the accused to deprive the
essential in a prosecution for rape. Court of Palawan and Puerto Prinsesa City. mother of the child’s custody. Undoubtedly, the
ORDINARIO vs. PEOPLE OnMarch 1995, the appellants were found guilty elements of kidnapping for ransom have been
Facts: The case before the Supreme Court relates and sentenced to reclusion perpetua for sufficiently established by the prosecution
to an affirmance by the Court of Appeals of the eachcount. They were also ordered to indemnify considering the following circumstances:
jointdecision rendered by the Regional Trial Court the complainant the sum of Php 5000.00 as appellant, a private individual, took the young
of Makati City convicting Geronimo Ordinario actualdamages and Php 90000.00 as moral and Nicole without personally seeking permission from
ontwelve (12) counts, of having committed exemplary damages, and to pay the costs. her father
punishable acts under Article 266-A of the Issue: Is the accused guilty in conspiracy and Here, appellant took the girl and brought her to a
RevisedPenal Code. The charges, under the twelve confederating with his wife to have caused Baby shanty where Rosita’s sister lived, without
(12) separate informations filed in volved JaneDagot damage and prejudice? informing her parents of their whereabouts He
thecommission of acts of sexual assault by Held: The credibility of witnesses can also be detained the child and deprived her of her liberty
Ordinario against Jayson Ramos, a ten (10) assessed on the basis of the substance of their by failing to return her to her parents overnight
68 testimonyand the surrounding circumstances. The and the following day; and He demanded a ransom
year oldmale, by inserting his penis into the greatest weight is accorded to the findings of P100,000.00 through telephone calls and gave
complainant’s mouth. The accused plead not guilty andconclusions reached by the lower court, owing instructions where and how it should be delivered.
to all thecharges. Complainant Jayson Ramos and to the courts unique position to see, hear PEOPLE vs. UBONGEN G.R. No. 126024
the accused were student and teacher, andobserve the witnesses testify. The judgment of Facts: The victim Rose Ann Posadas was three
respectively, atNicanor Garcia Elementary School the RTC is hereby MODIFIED. The appellants years and ten months old at the time of the
during the time the alleged crime was arefound guilty and sentenced to suffer the alleged kidnapping. She lived with her mother
perpetrated.The accused vehemently denied the penalty of reclusion perpetua and to indemnify Rosalina at their beauty parlor / house at La
accusations against him and claimed that his class theoffended party the sum of Php 50000.00 as civil Trindidad, Benguet. Her mother testified that one
scheduleat the school starts in the morning and indemnity, 50000.00 as moral damages afternoon, Rose Ann went to the parlor and told
ends at 1:00 P.M. so it would have been impossible and25000.00 as exemplary damages. With the her that an old man invited her to go with him to
forhim to have molested the child at 6:00 in the respect to cases 11313 – 11320, the appellants buy a banana and an orange. Since Rosalina was
evening. However, he occasionally went back areacquitted for failure of prosecution to prove then attending to a customer, Rosalina didn’t
tothe school late in the afternoon to feed the their guilt beyond reasonable doubt. bother to check on the old man and just told her
chicken as part of his duty as overseer of the 69 daughter to sit behind her. A few minutes later,
school’spoultry project. In addition, witnesses KIDNAPPING & SERIOUS ILLEGAL DETENTION (ART. she noticed her daughter
were presented by the defense who claimed that 267) 70
they didnot notice any change in the attitude or PEOPLE vs. SURIAGA (G.R. no. 123779) was nowhere in sight. She inquired around and
appearance of the complainant, that nothing Facts: Edwin Ramos was cleaning the car of his sought the help of her neighbors. They reported
unusualwas noted during the moments of the older brother, Johnny who was taking care of his Rose Ann’s disappearance to the police.
alleged molestations, etc. 2-year old daughter, Nicole, playing inside the car. Two search teams in two cars were organized. A
Issue: Whether accused is guilty of rape. Suriaga, a cousin of the Ramos brothers, arrived. certain Rosaline Fontanilla, a child who lived in
Held: Alibi cannot be sustained where it is not only He was accompanied by his live-in-partner Rosita. the neighborhood, informed the searchers that she
without credible corroboration, but it also does Suriaga requested Edwin if he could drive the car, saw Rose Ann with an old man walking towards
noton its face demonstrate the physical butte latter declined, saying he did not have the Buyagan Road. Rosaline thought the old man was
impossibility of the accused’s presence at the keys. Meanwhile, Johnny returned to his house Rose Ann’s grandfather. The searchers drove
place andtime of the commission of the offense. because a visitor arrived. At this instance, Rosita towards Buyagan road. After 45 minutes, the first
Appellant himself has admitted that while his class held Nicole and cajoled her. Rosita asked Edwin if car reached Taltala’s Store located one kilometer
wouldend at one o’clock in the afternoon, he she could take Nicole with her to buy barbeque. from the beauty parlor. Garcia, one of the
occasionally would still go back to school late in Having been acquainted with Rosita for a long time searchers, entered the store and found Rose Ann
theafternoon to oversee the school’s poultry and because he trusted her, Edwin acceded. When with the old man who was later identified as the
project. The appellate court was correct in holding Rosita and the child left, Suriaga joined them. defendant. When asked why he had the child with
thatthe exact date of the commission of the More than an one hour has passed but the two him, he just kept silent. While on the way to the
offense of rape is not an element of the crime. failed to return with Nicole. Edwin, Johnny and his police station at La Trinidad, Philip Leygo, Jr., one
Thedefinition of the crime of rape has been wife, Mercedita, then began searching but they of the searchers, allegedly slapped At the police
expanded with the enactment of Republic Act No. could not find their daughter and Rosita. Nicole’s station, Rosalina executed a sworn statement. The
8353,otherwise also known as the Anti-Rape Law grandfather then receive a call from Suriaga asking defendant was charged with kidnapping.
The defendant alleged that en route to the police second floor of the house. She went down with Niu Pavillare then forced him to give the phone
station, he merely chanced upon the child and and Sweet. Sweet was well-dressed and smiling. numbers of his relatives so they can make their
wanted to help the child reach her home, but the She ran to her father and embraced him. Niu then demand from them. Singh gave the phone number
three men on board the police car started to slap voluntarily turned Sweet over to her father and of his cousin Lakhvir Singh and the appellant made
him. While he was detained in the police station, a the policemen. the call. The private complainant also stated in
certain Sgt. Salvador called for the brother of A complaint for kidnapping a minor was filed court that it was accused- appellant who haggled
appellant. When the brother arrived he noticed against Acbangin Niu and two others who were with his cousin for the amount of the ransom.
that appellant’s face and eyes were swollen and unidentified. When the amount of twenty five thousand was
his nose was bleeding. Appellant told his brother For her part, Jocelyn testified that for six years, agreed upon the complainant stated that the
that he had been mauled. The following day, she was employed as Niu's housemaid. While kidnappers took him to the corner of Aurora
appellant was brought to the provincial jail. A working for Niu, she took care of several children Boulevard and Boston streets and parked the cab
lawyer met with him four days later. of different ages. The number of children in Niu's there. The accused- appellant and two of the male
After trial on the merits, the accused was household would vary from seven to fourteen. abductors alighted while the driver and their lady
convicted of the crime alleged. According to Jocelyn, Niu was in the business of companion stayed with the complainant in the car.
Issue: Whether or not intent to deprive the victim selling children. On April 23, 1993, Sweet was When the complainant turned to see where the
of liberty is essential in the crime of kidnapping & brought to Niu's house by a certain Celia and accused-appellant and his, companions went he
serious illegal detention Helen. Jocelyn recognized Sweet as her niece. saw his uncle and his cousin in a motorcycle and
Held: The Supreme Court ruled that it was, and Upon seeing Sweet, she decided to go to Sweet's together with the kidnappers they entered a
that the absence of the same in this case warrants parents in Bacoor, Cavite. She then accompanied mini-grocery. Later the kidnappers brought the
the acquittal of the accused. Kidnapping or serious Sweet's father, along with some policemen to Niu's complainant to the mini-grocery where he met his
illegal detention is committed when the following house. relatives. The ransom money was handed to the
elements of the crime are present: (1) that the After trial on the merits, the court convicted the appellant by the complainant's cousin, after which
offender is a private individual; (2) that he kidnaps accused of the crime of kidnapping and serious the accused-appellant counted the money and
or detains another, or in any manner deprives the illegal detention. then, together with his cohorts, immediately left
latter of his liberty; (3) that the act of detention Issue: Whether or not there was intention on the the scene.
or kidnapping must be illegal; and (4) in the part of the defendant to deprive the parents of Pavillare alleged in his defense that on the whole
commission of the offense, any of the following the custody of the child day of the incident, he was at the job site in
circumstances is present: (a) that the kidnapping Held: The Supreme Court ruled in the affirmative Novaliches where he had contracted to build the
or detention lasts for more than 5 days; or (b) that and upheld the decision of the lower court. In house of a client and that he could not have been
it is committed simulating public authority; or (c) cases of kidnapping, if the person detained is a anywhere near Roces Avenue at the time the
that any serious physical injuries are inflicted upon child, the question is whether there was actual complainant was allegedly kidnapped. One of his
the person kidnapped or detained or threats to kill deprivation of the child's liberty, and whether it employees, an electrician, testified that the
him are made; or (d) that the person kidnapped or was the intention of the accused to deprive the accused-appellant was indeed at the job site in
detained is a minor, female, or a public officer. parents of the custody of the child. The intention Novaliches the whole day of February 12, 1996.
The primary element of the crime of kidnapping is to deprive Sweet's parents of her custody is After trial on the merits, the lower court found
actual confinement, detention and restraint of the indicated by Jocelyn's hesitation for two days to the accused guilty and convicted him of the crime
victim. A review of the prosecution’s own disclose Sweet's whereabouts and more so by her of kidnapping for ransom.
narration of events shows that the prosecution did actual taking of the child. Jocelyn's motive at this Issue: Whether or not the accused should instead
not establish actual confinement, detention or point is not relevant. It is not an element of the be liable for simple robbery instead of the crime
restrain of the child, which is the primary element crime. alleged, since they were only motivated with the
of kidnapping. Since the evidence does not In this case, Jocelyn knew for two days where intent to gain
adequately prove that the victim was forcefully Sweet was. In fact, it was she who brought Sweet Held: The Supreme Court said no; and affirmed his
transported, locked up or restrained, the accused to Niu's house. The fact that she later on felt conviction. The Court did not consider Pavillara’s
cannot be held liable for kidnapping. Here, there remorse for taking Sweet to Tondo, Manila and argument that he should have been convicted of
is no indubitable proof of a purposeful or knowing showed Sweet's father where the child was, cannot simple robbery and not kidnapping with ransom
action by the accused to forcibly restrain the absolve her. At that point, the crime was because the evidence proves that the prime
victim, hence there was no taking coupled with consummated. Jocelyn's repentance and motive of the accused- appellant and his
intent to complete the commission of the offense. desistance came too late. Sweet was deprived of companions is to obtain money and that the
In a prosecution for kidnapping, the intent of the her liberty. True, she was treated well. However, complainant was detained only for two hours
accused to deprive the victim of the latter’s there is still kidnapping. For there to be The crime is said to have been committed when:
liberty, in any manner, needs to be established by kidnapping, it is not necessary that the victim be any private individual who shall kidnap or detain
indubitable proof. But in this case, we are placed in an enclosure. It is enough that the victim another, or in any other manner deprive him of
constrained to rule against the prosecution’s is restrained from going home. Given Sweet's liberty, shall suffer the penalty of reclusion
attempt to establish that appellant had intended tender age, when Jocelyn left her in Niu's house, perpetua to death; 1......If the kidnapping or
to deprive the child of her liberty. at a distant place in Tondo, Manila, unknown to detention shall have lasted more than three days.
71 her, she deprived Sweet of the freedom to leave 2......If it shall have been committed simulating
PEOPLE vs. ACBANGIN (G.R. No. 117216) the house at will. It is not necessary that the public authority. 3......If any serious physical
Facts: One evening, Danilo Acbangin was worried detention be prolonged. injuries shall have been inflicted upon the person
when his daughter, four-year old Sweet Grace 72 kidnapped or detained; or if threats to kill him
Acbangin did not come home. He last saw Sweet PEOPLE vs. PAVILLARE (G. R. No. 129970) shall have been made. 4......If the person
on the same day, at six o'clock in the evening, Facts: The victim, an Indian national named kidnapped or detained shall be a minor, except
playing in Jocelyn's house.Jocelyn was the Sukhjinder Singh testified in court that at about when the accused is any of the parents, female or
common-law wife of his second cousin, Remy noon of one day, while he was on his way back to a public officer.
Acbangin. Danilo went to Jocelyn's house and his motorcycle parked at the corner of Scout Reyes The penalty shall be death where the kidnapping
looked for Sweet. There was no one there. and Roces Avenue, three men blocked his way. or detention was committed for the purpose of
Thereafter, Danilo reported to the Barangay and The one directly in front of him, whom he later extorting ransom from the victim or any other
the Bacoor Police Station that Sweet was missing. identified as herein Pavillare, accused him of person, even if none of the circumstances
Later that evening, Jocelyn arrived at Danilo's having raped the woman inside the red Kia taxi 73
house without Sweet. When asked where the child cab parked nearby. Singh denied the accusation, above mentioned were present in the commission
was, Jocelyn denied knowing of the child's the three men nevertheless forced him inside the of the offense. When the victim is killed or dies as
whereabouts. taxi cab and brought him somewhere near St a consequence of the detention or is raped, or is
The next day, Danilo made a second report to the Joseph's College in Quezon City. One of the the subjected to torture or dehumanizing acts, the
Bacoor Police Station, stating that Jocelyn abductors took the key to his motorcycle and maximum penalty shall be imposed.
returned without the child.m Jocelyn informed drove it alongside the cab. Singh testified that the The testimonies of both the private complainant
Danilo's mother-in-law that Sweet was in Niu's accused-appellant and his companions beat him up and his cousin are replete with positive
house in Tondo, Manila. Jocelyn then accompanied and demanded one hundred thousand pesos declarations that the accused-appellant and his
Danilo, Sweet's grandfather and police officers to (P100,000.00) for his release but Singh told him he companions demanded money for the
Niu's house. Jocelyn personally knew Niu and was only had five thousand pesos (P5,000.00) with him. complainant's release. The pretense that the
first to enter the house. Jocelyn went up to the money was supposedly in exchange for the
dropping of the charges for rape is not supported in the house of the Torrals. Appellant Cortez even attempt to prove what he might have said on that
by the evidence. The complainant's cousin bound her hands with a belt. Although at the time occasion. The confession made by him afterwards
testified that at the agreed drop-off point of the rescue, she was found outside the house at the Public Attorneys' Office at Butuan City
Pavillare demanded the ransom money and stated, talking to Pablo Torral, she explained that she did shows it to have been executed voluntarily.
"Andiyan na ang tao ninyo ibigay mo sa akin ang not attempt to leave the premises for fear that 75
pera". Pavillare released the complainant when the appellants would make good their threats to Issue: Whether or not kidnapping was the principal
the money was handed over to him and after kill her should she do so. Her fear is not baseless objective of the defendant in this case
counting the money Pavillare and his companions as the appellants knew where she resided and they Held: The Supreme Court said that it was not. The
immediately left the scene. This clearly indicated had earlier announced that their intention in "kidnapping" was not the principal objective; it
that the payment of the ransom money is in looking for Lolita's cousin was to kill him on sight: was merely incidental to the forcible taking of the
exchange for the liberty of the private Certainly, fear has been known to render people vehicle. Unfortunately, by reason or on the
complainant. immobile. Indeed, appeals to the fears of an occasion of the seizure of the "Pajero" — and (as
The duration of the detention even if only for a individual, such as by threats to kill or similar far as the proofs demonstrate) without
few hours does not alter the nature of the crime threats, are equivalent to the use of actual force fore-knowledge on Sinoc's part — its driver was
committed. The crime of kidnapping is committed or violence which is one of the elements of the killed, and the lone passenger seriously injured.
by depriving the victim of liberty whether he is crime of kidnapping under Article 267 (3) of the There was thus no kidnapping as the term is
placed in an enclosure or simply restrained from Revised Penal Code. understood in Article 267 of the Revised Penal
going home. As squarely expressed in Article 267, PEOPLE vs. SINOC (G.R. Nos. 113511-12) Code — the essential object of which is to "kidnap
above-quoted the penalty of death is imposable Facts: In the morning of September 21, 1991, or detain another, or in any other manner deprive
where the detention is committed for the purpose Isidoro Viacrusis, manager of Taganito Mining him of his liberty." The idea of "kidnapping" in this
of extorting ransom, and the duration of the Corporation, was on his way from the company case appears to have been the result of the
detention is not material. compound to Surigao City, on a company vehicle, a continuous but uninformed use of that term by the
PEOPLE vs. CORTEZ (G.R. Nos. 131619-20) Mitsubishi Pajero. As Viacrusis and his driver were peace officers involved in the investigation,
Facts: The kidnap victim Lolita Mendoza was in her approaching the public cemetery of Clarer they carelessly carried over into the indictments and
house, in Sitio Catmon, San Rafael, Rodriguez, were stopped by several armed men who the record of the trial, and even accepted by the
Rizal, when Cortez and two others, all armed with identified themselves as member of the New RTC.
bolos, arrived. They were looking for Lolita's People's Army. Upon reaching Barobo, Surigao del The offense actually committed is Robbery with
cousin, and were threatening to kill him on sight. Norte, Viacrusis and his driver were ordered to violence against or intimidation of persons —
Unable to find Santos, they decided to abduct alight and proceed to a coconut grove with their Penalties. — Any person guilty of robbery with the
Lolita to prevent her from reporting the incident hands bound behind their back. After the two were use of violence against any person shall suffer: 1.
to the police. Accompanied by the other two, made to lie face down on the ground, they were The penalty of reclusion perpetua to death, when
accused Callos pointed his bolo at Lolita's back and shot several times. Viacrusis miraculously survived, by reason or on occasion of the robbery, the crime
dragged her to the mountain. They brought her to while the driver died. of homicide shall have been committed, or when
the house of Pablo Torral, an uncle of accused In an affidavit executed by Viacrusis, he was able the robbery shall have been accompanied by rape
Cortez, and thereafter continued their search for to identify by name only one — Danilo Sinoc. In the or intentional mutilation or arson. . . ." It is
Santos. Hours later, the policemen and the morning of September 21, 1991, a secret germane to observe that even if the intent to
barangay captain rescued Lolita in the house of informant reported to the Police Station at deprive of liberty were as important or primordial
the Torrals. Montkayo, Davao del Norte that the stolen an objective as the asportation of the "Pajero," the
A witness rushed to the Montalban municipal hall (carnapped) Pajero was parked behind the kidnapping would be absorbed in the robbery with
and reported Lolita's abduction. Police went back apartment of a certain Paulino Overa at Poblacion, homicide; and that the term, "homicide," is used in
to the crime scene to gather more information, Monkayo. A police team went to the place and the quoted article in the generic sense — i.e., as
and thereafter they proceeded to the residence of posted themselves in such a manner as to keep it also including murder, the nature of the offense
accused Cortez. The police officers then saw Lolita in view. They saw a man approach the Pajero who, not being altered by the treacherous character, or
outside the nipa hut of the Torrals, conversing on seeing them, tried to run away. They stopped the number, of the killings in connection with the
with Pablo Torral. Lolita told them that the Torrals him and found out that the man, identified as robbery.
did not prevent her from leaving their house. Danilo Sinoc, had the key of the Pajero, and was In this case, there is no avoiding the fact that a
However, she did not attempt to escape for fear acting under instructions of some companions who homicide — although not agreed to or expected by
that the accused would make good their threat to were waiting for him at the Star Lodge at Tagum, him — was committed on the occasion of the
kill her. One officer brought her back to the house Davao del Norte. The police turned over Sinoc to robbery, of the "Pajero," and he could not but
of accused Cortez where she identified the three the 459th Mobile Force, together with the Pajero. have realized or anticipated the possibility of
accused as her abductors. The police then took the Sinoc was brought to the Public Attorneys' Office serious harm, even death, being inflicted on the
accused into custody. in Butuan City where he asked one of the person or persons in the "Pajero" targeted for
The accused argues that at the time of the rescue, attorneys there, Atty. Alfredo Jalad, to assist him robbery, since two of his companions were armed
Lolita was not physically confined inside the house in making an Affidavit of Confession. Atty. Jalad with guns, even if in his mind, to repeat, his
as they found her standing outside, conversing told Sinoc that he had the right to choose his own agreement with them did not include killing. The
with Pablo Torral. They stress that Lolita herself counsel, and to remain silent. Sinoc said he most that can be conceded is to credit him with
declared that she was not prevented by the Torrals wanted to make the affidavit nonetheless, and be the mitigating circumstance of having no intention
from leaving the house; that she was not under assisted by Jalad in doing so. Atty. Jalad then had to commit so grave a wrong as that committed.
duress at that time. This was not appreciated by Sinoc narrate the occurrence. Jalad asked Sinoc if Sinoc may not be held liable in Case No. 3565 for
the lower court, and the accused were tried and the CIS had promised him anything for the affidavit the separate offense of frustrated murder as
convicted of the crime alleged. he would execute. Sinoc said no. Only then did the regards Viacrusis. In this particular case, the
Issue: Whether or not the victim was deprived of CIS officers commence to take Sinoc's statement. evidence shows that he agreed only to the plan to
her liberty in this case Jalad read to Sinoc the contents of his statement. "carnap" the "Pajero," but not to any assault or
Held: The Court affirmed the findings of the RTC The statement was thereafter signed by Sinoc and killing. Nor is it logical to convict him twice of
on the guilt of the accused. In a prosecution for by Jalad, the latter being described as "witness to robbery of the same property under the same
kidnapping, the State has the burden of proving all signature." Since was next brought to Prosecutor circumstances. Hence, he may not be pronounced
the essential elements of an offense. For the Brocoy so that he might take oath on his responsible for the separate offense of robbery of
crime of kidnapping to prosper, the intent of the statement. City Fiscal Brocoy told Sinoc that the the same "Pajero," in addition to being declared
accused to deprive the victim of his liberty, in any statement was very damaging. Sinoc stood by his guilty of robbery, (of that same "Pajero") with
manner, has to be established by indubitable answers, saying that they had been voluntarily homicide under Article 294.
proof. However, it is not given. Evidently satisfied of the voluntariness of 76
74 the statement, Brocoy administered the oath to SLIGHT ILLEGAL DETENTION (ART. 268)
necessary that the offended party be kept within Sinoc. Sinoc's assault against the propriety of his People vs. Llaguno (G.R. No. 91262)
an enclosure to restrict her freedom of interrogation after his warrantless arrest because Facts: On February 5, 1987 the appellant Judy
locomotion. it was conducted without advice to him of his Reyes, chief security and rattan controller of an
In the case at bar, the deprivation of Lolita's constitutional rights, is pointless. It is true that export company informed Tomas Banzon, the
liberty was amply established by evidence. When the initial interrogation of Sinoc was made without company duty guard, that he caught a thief on
the appellants failed to find Lolita's cousin, they his first being told of his corresponding rights. This February 4, 1987. Appellant then took Banzon to
forcibly dragged her to the mountains and kept her is inconsequential, for the prosecution never his room where a person named Bienvenido
Mercado was found tied to a wooden post in the group to talk to her husband inside their house but responsible for the death of Moronia is a different
room. Appellant told Banzon that Mercado was the her request was unheeded. When Francisca matter. The Rules did not authorize that from this
thief he caught. protested, the appellant's group told her that they disputable presumption of death, it should be
In the afternoon of February 6, 1987, the company would free Alipio and Dionisio if they surrender the further presumed that the person with whom the
manager, called up Banzon by phone inquiring if firearms of their two other sons. Unable to absentee was last seen shall be responsible for the
there was any unusual incident. Banzon replied surrender the said firearms, the appellant's group subsequent unexplained absence/disappearance of
that he would give a report after 2 hours. forced Alipio and Dionisio to walk with them to an the latter. The conviction of accused-appellant for
However, appellant warned Banzon to keep quiet unknown place. Since then Francisca has not heard the serious crime of kidnapping with murder
about Mercado’s detention or be killed. Appellant from either her husband or her son. cannot be allowed to rest on the vague and
at the time was armed with a .45 caliber pistol. On the same day, a few minutes after the Alipio nebulous facts established by the prosecution. As
When the company manager went to the office she Tehidor and his sons were forcibly taken by the discussed earlier, the evidence presented by the
was told by the appellant that it was all finished appellant's group, while salvador and his family prosecution surrounding the events of that fateful
and that he is going to Sto. Nino to confess that he were in their house, they heard somebody calling day are grossly insufficient to establish the alleged
had killed someone. them from outside which they have identified as liability of accused-appellant for the death of
The following day, Banzon asked appellant about the appellant and 9 others, all of whom are Moronia.
Mercado and appellant said that he had disposed armed. Salvador and his son left with the group to Since none of the circumstances mentioned in
of him. Banzon, at that time, noticed that an unknown destination. And like Francisca, Article 267 of the Revised Penal Code (kidnapping
appellant’s arm had teeth marks, which according Luzviminda never saw her husband and son again with serious illegal detention) was proved and only
to the appellant, was hit by a piece of wood. after that night. the fact of kidnapping of Anatalio Moronia was
On the same day, the body of Bienvenido Mercado Issue: Whether or not appellant is guilty of established, we find that the crime committed is
was found by the police with gunshot wound on kidnapping as charged. slight illegal detention under Article 268 of the
the forehead and multiple abrasions in the arms Held: The court ruled that the appellant is guilty Revised Penal Code. In the execution of the crime,
and body. beyond reasonable doubt of kidnapping. However, more than three (3) armed malefactors acted
In the place where they found the body, the police "since none of the circumstances mentioned in together in its commission. Thus, since the generic
also found an empty shell of a .45 caliber bullet. Article 267 of the RPC (kidnapping with serious aggravating circumstance of band attended the
Issue: Whether or not appellant is guilty of illegal detention) was proved and only the fact of commission of the crime and there being no
kidnapping with murder as charged in the kidnapping . . . was established, SC ruled that the mitigating circumstance present, the penalty of
information or of murder as convicted by the lower crime committed is slight illegal detention under reclusion temporal in its maximum period as
court or of slight illegal detention only. Held: The Article 268. Moreover, in the execution of the maximum and prision mayor as minimum should be
SC found that the appellant is liable only for slight crime against the first two (2) victims, Salvador imposed on accused-appellant.
illegal detention and not of murder nor of and Antonio Alipan, more than three (3) armed 79
kidnapping with murder. The evidence presented malefactors acted together in its commission. FAILURE TO RETURN A MINOR (ART. 270)
by the prosecution, which was sustained by the Thus, since the generic aggravating circumstance PEOPLE vs. PASTRANA (G.R. No. 143644)
trial court, clearly established that appellant had of band attended the commission of the crime and Facts: Sometime in January 1997, while in Canada,
in fact detained the victim without authority to do there being no mitigating circumstance present, Erma was introduced by her sister to spouses
so. Banzon testified that he witnessed the victim the penalty is reclusion temporal in its maximum Leopoldo and Rebecca Frias who informed her that
hanging by the arms in appellant's room. Banzon's period. For the slight illegal detention of the latter their daughter, accused- appellant Rubirosa
testimony significantly jibes with the physical two (2) victims, Alipio and Dionisio Tehidor, the Pastrana, can help process Willy’s travel
evidence showing that the victim sustained aggravating circumstance that the crime was documents to Canada. Erma agreed to hand the
multiple abrasions in both arms. Furthermore, Dr. committed by a band as alleged in the information processing of her son’s papers to
Ceniza narrated that several employees called her finds no sufficient factual basis since the accused-appellant and consequently sent her, on
up in the morning of February 5, 1987 asking for testimonies of the prosecution witnesses do not various occasion
permission to go home because there was a "man disclose that at least four (4) of the malefactors Accused went to the house of Erma and introduced
hanging at the back in one of the buildings of GF were armed. Hence there being no aggravating nor herself to the children of Erma as the one who will
International." Dr. Ceniza's testimony was mitigating circumstance attendant in the work out the processing of their travel documents
unrebutted. All these ineludibly prove beyond commission of the crime, the penalty of reclusion to Canada. On several occasions, accused solicited
reasonable doubt that the victim was deprived of temporal should be imposed in its medium period. money from Erma on account of the illness and
his liberty by appellant. Sc held that the trial 78 such other needs of the latter's children.
court merely made a finding that appellant could PEOPLE vs. ROLUNA (G.R. No. 101797) Erma later on found out from Aresola that accused
not be convicted of serious illegal detention for Facts: In an Information dated June 26, 1990, did not return Willy to Caloocan. Few days after
the sole reason that the victim's detention did not eight (8) persons were charged with the crime of such knowledge, accused went to Caloocan to
exceed five days. The lower court, however, found Kidnapping with Murder. Only the appellant was inform Doroteo that Willy is missing. They
that appellant illegally detained the victim for at arrested, tried and convicted. searched for Willy but their efforts were fruitless.
least one day, which act by itself constitutes slight On May 27, 1984, Sombilon was on his way to The same propmted Erma to return to the
illegal detention. Besides, the trial court attend to the pasture of his carabao. He saw his Philippines.
appreciated the act constituting slight illegal neighbor, Anatalio Moronia, stopped in his tracks Accused-appellant vehemently denied the charges
detention as a qualifying circumstance, i.e., and taken captive by accused Abundio Roluna. against her.
employing means to weaken the defense. While we Roluna was then accompanied by seven (7) other Issue: Whether or not accused is guilty of
find no proof beyond reasonable doubt to sustain a persons. Accused Roluna was armed with an kidnapping and failure to return the minor.
conviction for murder, the records indisputably armalite while his companions were carrying short Held: Yes. Kidnapping and failure to return a
prove culpability for slight illegal detention. firearms. Using an abaca strip, he saw Carlos minor under Article 270 of the Revised Penal Code
77 Daguing tie up the hands of Moronia at the back. has two essential elements, namely: (1) the
PEOPLE vs. DADLES (G.R. No. 118620-21) Frightened, he did not shout for help and offender is entrusted with the custody of a minor
Facts: This case involves the alleged kidnapping of proceeded on his way. With the exception of his person; and (2) the offender deliberately fails to
two farmers, Alipio Tehidor and Salvador Alipan wife, he did not inform anyone about what he saw restore the said minor to his parents or guardians.
and their respective sons, Dionisio and Antonio that fateful day. What is actually being punished is not the
from their homes in Barangay Amontay, From that time on, both witnesses testified that kidnapping of the minor but rather the deliberate
Binalbagan, Negros Occidental on May 24, 1989. Moronia was never seen or heard from. failure of the custodian of the minor to restore the
Among the accused, only the appellant was Issue: Whether or not the appellant is guilty of the latter to his parents or guardians. The word
arraigned where he pleaded not guilty. crime of kidnapping with murder. deliberate as used in Article 270 must imply
On May 24, 1989, the appellant together with 5 Held: However, the circumstances presented by something more than mere negligence - it must be
others arrived at the residence of one of the the prosecution would not be enough to hold premeditated, headstrong, foolishly daring or
victims, Alipio Tehidor, his wife and their two sons accused-appellant responsible for the death of intentionally and maliciously wrong.
were awakened from their sleep when the Moronia. In the case at bar, there is no question that
appellant and his companions called Alipio from There being no evidence to the contrary, the accused was entrusted with the custody of 9-year
downstairs. The group which was known to the disputable presumption under Section 5 (x) (3), old Willy. Erma and her children trusted
Tehidor family was allowed to enter by Alipio's Rule 131 of the Rules of Court would apply, but accused-appellant that they sent her money for
wife. They told Francisca that they wanted to talk only insofar as to establish the presumptive death the processing of Willy’s travel documents, and
to Alipio downstairs. Alipio's wife requested the of Moronia. Whether accused-appellant is more importantly, they allowed Willy to stay in
her apartment. Regardless of whether Willy stayed From then on, nothing was heard of the It developed that from the Luneta the accused
in accused-appellant’s apartment permanently or complainant. She neither visited her child nor brought the child to Tramo Street, Pasay City
temporarily, the first element of the offense called to inquire about her whereabouts. Efforts to where she claimed before some residents that the
charged is satisfied because during said period get in touch with the complainant were child was that of a hostess friend of hers who
Willy was entrusted to accused-appellant who unsuccessful as she left no address or telephone being gravely ill of leprosy was in dire need of
undertook the responsibility of seeing to it that he number where she can be reached. money, and that she was asked to sell the child for
was well-taken care of. Two years after Arabella was abandoned by P 250.00.
Evidence of the case showed that the accused complainant, Dr. Fe Mallonga, a dentist at the The accused offered Mrs. Navarette to buy the
deliberately failed to return Willy to their house. clinic, suggested during a hospital staff conference child. She, she however declined the offer because
80 that Arabella be entrusted to a guardian who could of its illegality. Accused insisted on momentarily
PEOPLE vs. BERNARDO (G.R. No. 144316) give the child the love and affection, personal leaving the child with Mrs. Navarette. Intending to
Facts: On May 13, 1999, 12-year old Maria Roselle attention and caring she badly needed as she was have the child returned to his mother, Mrs.
and her 15-day old sister, Rosalyn, were with their thin and sickly. Navarette asked her sister to go with the accused
mother at the Fabella Memorial Hospital. In 1992, complainant came back to claim the to look for the child's mother
While Rosita was undergoing medical check up daughter she abandoned some five (5) years back. Sometime later, the accused reappeared at the
inside the hospital, her two daughters waited at When her pleas allegedly went unanswered, she Luneta Police Station obstensibly to visit a
the lobby. Roselle was seating on a bench with her filed a petition for habeas corpus against accused. detainee thereat. It was then that the police
15-day old sister on her lap when the appellant sat Issue: Whether or not accused-appellant is guilty officer on duty recognized her. She was questioned
beside her and befriended her. of kidnapping and failure to return a minor. regarding the whereabouts of the boy. Threatened
The appellant deceived Roselle by asking her to Held: Under the facts and ruling in Sombong, as with arrest, she revealed that she had left the boy
buy ice water. She saw the accused running away well as the evidence adduced in this case with Mrs. Navarette in Pasay City. That led to the
with her baby sister. She chased the appellant and accused-appellants must perforce be acquitted of recovery of Edward Policarpio and his eventual
when she caught up with her, the appellant told the crime charged, there being no reason to hold return to his parents twenty days after the
her that she was running after her mother. The them liable for failing to return one Cristina Grace accused took him away.
chase ensued as Roselle tried to prevent appellant Neri, a child not conclusively shown and Issue: Whether or not accused is guilty of
from running away. established to be complainant's daughter, kidnapping and failure to return a minor.
A kagawad came to help Roselle. He took the baby Arabella. Held: The court held that accused-appellant is
from the appellant and looked for the mother of The foregoing notwithstanding, even if we were to guilty of Kidnapping and Serious Illegal Detention
the two children inside the hospital where he consider Cristina Grace Neri and Arabella Sombong beyond reasonable doubt. It has been established
confirmed Rosita's identity. as one and the same person, still, the instant by the clear, strong and positive evidence of the
Appellant was convicted by the lower court of criminal case against the accused- appellants must prosecution that the taking of the minor child
kidnapping and failure to return a minor. fall. Edward was without the knowledge and consent of
Issue: whether or not accused-appellant is guilty of Before a conviction for kidnapping and failure to his parents.
kidnapping and failure to return a minor. return a minor under Article 270 of the Revised While the Information against accused-appellant is
Held: The crime committed by appellant in the Penal Code can be had, two elements must captioned "Kidnapping and Failure to Return a
case at bar falls under Article 267 of the RPC. concur, namely: (a) the offender has been Minor", the allegations in the body thereof
It has two essential elements, namely: (1) the entrusted with the custody of the minor, and (b) properly constitute the crime of kidnapping and
offender is entrusted with the custody of a minor the offender deliberately fails to restore said Serious Illegal Detention. Thus, instead of alleging
person; and (2) the offender deliberately fails to minor to his parents or guardians. The essential the elements of kidnapping and Failure to Return a
restore the said minor to his parents or guardians. element herein is that the offender is entrusted Minor that the offender had been entrusted with
In People vs. Ty (263 SCRA 745 [1996]), The Court with the custody of the minor but what is actually the custody of a minor person and that said
stated that the essential element of the crime of punishable is not the kidnapping of the minor, as offender had deliberately failed to restore the
kidnapping and failure to return a minor is that the the title of the article seems to indicate, but latter to his parents or guardians, the text of the
offender is entrusted with the custody of the rather the deliberate failure or refusal of the Information alleged the elements of the crime of
minor, but what is actually being punished is not custodian of the minor to restore the latter to his kidnapping and Serious Illegal Detention.
the kidnapping of the minor but rather the parents or guardians. Said failure or refusal, It is well-settled that the real nature of the
deliberate failure of the custodian of the minor to however, must not only be deliberate but must criminal charge is determined not from the caption
restore the latter to his parents or guardians. also be persistent as to oblige the parents or the or preamble of the Information nor from the
Indeed, the word deliberate as used in Article 270 guardians of the child to seek the aid of the courts specification of the provision of law alleged to
of the Revised Penal Code must imply something in order to obtain custody. The key word therefore have been violated, they being conclusions of law,
more than mere negligence – it must be of this element is deliberate but by the actual recital of facts in the complaint
premeditated, headstrong, foolishly daring or In the case at bar, it is evident that there was no or information.
intentionally and maliciously wrong. deliberate refusal or failure on the part of the 83
When Roselle entrusted Roselyn to appellant accused-appellants to restore the custody of the GRAVE COERCION (ART. 286)
before setting out on an errand for appellant to complainant's child to her. When the PEOPLE vs. SANTOS (G.R. No. 140074)
look for ice water, the first element was accused-appellants learned that complainant Facts: It is not unknown that a debtor occasionally
accomplished and when appellant refused to wanted her daughter back after five (5) long years would suffer from the malady of selective
return the baby to Roselle despite her continuous of apparent wanton neglect, they tried their best amnesia.The case is a tale of one unfortunate
pleas, the crime was effectively accomplished. In to help herein complainant find the child as the creditor who might have sought to rouse her
fine, we agree with the trial court’s finding that latter was no longer under the clinic's care. absent-minded debtor from the haze of
appellant is guilty of the crime of kidnapping and It is worthy to note that accused-appellants' forgetfulness.
failure to return a minor. conduct from the moment the child was left in the On 10 December 1996, at six o'clock in the
81 clinic's care up to the time the child was given up morning, Leonida de la Peña was at home
PEOPLE vs. TY (G.R. No. 121519) for guardianship was motivated by nothing more inBarangay Resurreccion, Umingan, Pangasinan,
Facts: Vicente Ty and Carmen Ty were charged than an earnest desire to help the child and a high with her eight-year old niece, Christine LovelyMae
with the crime of kidnapping and failure to return regard for her welfare and well- being. Delanos, when a passenger jeepney arrived. Five
a minor. On November 18, 1987, complainant 82 decently dressed men stepped down from the
Johanna Sombong brought her sick daughter PEOPLE vs. MENDOZA (G.R. No. L-67610) vehicle and entered the house. The first, who was
Arabella, then only 7 months old, for treatment to Facts: On September 28, 1982 spouses Ernesto and attired in a business suit, introducedhimself as
the Sir John Medical and Maternity which was Eugenia Policarpio along with their two children Rocky Alberto and his companions as agents of the
owned and operated by the accused-appellants. were at the Luneta Park. A woman who turned out Criminal Investigation Service("CIS").[1] Alberto
Arabella was diagnosed to be suffering bronchitis to be accused Angelina Mendoza, but who had asked Leonida about her unpaid obligation to
and diarrhea, thus complainant was advised to introduced herself as 'Rosalinda Quintos' accosted Josephine Santos. Leonidaanswered that she had
confine the child at the clinic for speedy recovery. them. She struck a conversation with the spouses already paid the debt before the barangay captain
Few days later, Arabella was well and was ready to and even offered them food particularly to of Umingan. Momentslater, another vehicle, a
be discharged but complainant was not around to Edward. Subsequently, accused played with brown colored car, stopped in front of the house.
take her home. Arabella stayed in the clinic and Edward and lured him away from his mother. Henry Salimbay (thebarangay captain of Umingan),
later on in the nursery as complainant has no Shortly, the accused carried Edward and took him Josephine Santos, Manny Baltazar and two
money to pay the bills. away with her. unidentified malesand one unidentified female,
alighted. Leonida rushed to confront Salimbay, Under the law, as presently worded, it is essential continued fighting off her attacker by kicking him
telling him thatJosephine had sent the CIS agents that the kidnapping or detention was committed until at last her right hand got free. With this
to demand payment of her debt and that it was for the purpose of extorting ransom. In the instant ...the opportunity presented itself when she was
Josephinewho should instead be accosted. Sensing case, there is no showing whatsoever that Villamar able to grab hold of his sex organ which she then
an escalating tension between the two women, wanted to extort money from Cortez prior to their squeezed.
thebarangay captain decided to leave, telling the confrontation. Chito was in the Building when the attack on
parties that it was best for both of them to When accused-appellant coerced Cortez to reveal MALOU took place. He had access to the room of
justamicably settle their differences. the whereabouts of the "Sinampaang Salaysay" for MALOU as Room 307 where he slept the night over
Issue: Whether or not accused -appellant is guilty the purpose of destroying the same, the act had a window which allowed ingress and egress to
of grave coercion. merely constituted grave coercion, as provided in Room 306 where MALOU stayed. Not only the
Held: The circumstances that have surfaced Article 286 of the RPC. The crime of grave Building security guard, S/G Ferolin, but Joseph
instead warrant a conviction for grave coercion. coercion has three elements: (a) that any person is Bernard Africa as well confirmed that CHITO was
Grave coercion is committed when a person prevented by another from doing something not wearing a black "Adidas" shorts and fraternity
prevents another from doing something not prohibited by law, or compelled to do something T-shirt when he arrived at the Building/Unit 307 at
prohibited by law or compelling him to do against his or her will, be it right or wrong; (b) 1:30 in the morning of December 13, 1991. Though
something against his will, whether it be right or that the prevention or compulsion is effected by it was dark during their struggle, MALOU had made
wrong, and without any authority of law, by means violence, either by material force or such a display out the feel of her intruder’s apparel to be
of violence, threats or intimidation. Its elements of it as would produce intimidation and, something made of cotton material on top and
are - First, that the offender has prevented consequently, control over the will of the offended shorts that felt satin-smooth on the bottom.
another from doing something not prohibited by party; and (c) that the person who restrains the From CHITO’s bag which was found inside Room
law, or that he has compelled him to do something will and liberty of another has no right to do so; in 310 at the very spot where witness Renato
against his will, be it right or wrong; second, that other words, that the restraint is not made under Alagadan saw CHITO leave it, were discovered the
the prevention or compulsion is effected by authority of law or in the exercise of any lawful most incriminating evidence: the handkerchief
violence, either by material force or such display right. stained with blue and wet with some kind of
of force as would produce intimidation and control While Villamar did compel Cortez to do something chemicals; a black "Adidas" satin short pants; and a
over the will of the offended party; and, third, against the latter's will, it must be stressed that white fraternity T-shirt, also stained with blue. A
that the offender who has restrained the will and the same cannot be categorized as an act of illegal different witness, this time, Christian Alcala,
liberty of another did so without any right or detention. Still, when Villamar was erroneously identified these garments as belonging to CHITO.
authority of law. Where there is a variance charged for illegal detention, such oversight will As it turned out, laboratory examination on these
between the offense charged in the complaint or not preclude a guilty verdict for the crime of grave items and on the beddings and clothes worn by
information and that proved and the offense coercion. In the early case of U.S. v. Quevengco, MALOU during the incident revealed that the
charged necessarily includes the lesser offense and, recently, in People v. Astorga, we ruled that handkerchief and MALOU’s night dress both
established in evidence, the accused can be the offense of grave coercion is necessarily contained chloroform, a volatile poison which
convicted of the offense proved. included in illegal detention; as such, an causes first degree burn exactly like what MALOU
84 information for illegal detention will not bar the sustained on that part of her face where the
PEOPLE vs. VILLAMAR (G.R. No. 121175) accused from being convicted of grave coercion, chemical-soaked cloth had been pressed.
Facts: Marilyn Villamar was charged with the crime instead of the original charge. Issue: Whether the offender's act causes
of illegal detention and frustrated murder in an 85 annoyance, irritation, torment, distress, or
information. PEOPLE vs. ASTORGA (G.R. No. 110097) disturbance to themind of the person to whom it is
On February 11, 1993, Villamar went to the house Facts: Appellant Astorga tricked Yvonne to go with directed, which is a paramount question in a
of the private offended party Cortez and inquired him by telling her that they were going to buy prosecution forunjust vexation?
if the latter was interested in adopting her candy. When Yvonne recognized the deception, Held: In the present case, the positive
daughter, explaining that her offer was due her she demanded that she be brought home, but identification of the petitioner forms part of
husband's hasty departure. Unable to refuse, appellant refused and instead dragged her toward circumstantial evidence, which, when taken
Cortez accepted the offer and immediately the opposite direction against her will. While it is together with the other pieces of evidence
prepared a "Sinumpaang Salaysay" to formalize the unclear whether Appellant Astorga intended to constituting an unbroken chain, leads to only fair
adoption. Unfortunately, on June 5, 1993, detain or "lock up" Yvonne, there is no question and reasonable conclusion, which is that petitioner
Villamar, apparently regretting her decision, went that he forced her to go with him against her will. was the intruder in question.
to the house of Cortez and decided to take her Issue: Whether or not accused-appellant is guilty There is absolutely no dispute about the absence
daughter back. This sudden reversal was, of of kidnapping. of sexual intercourse or carnal knowledge in the
course, not taken lightly by Cortez, who Held: No. The accused-appellant should be present case. Overt or external act has been
vehemently refused to relinquish custody of the convicted only of grave coercion. defined as some physical activity or deed,
girl to Villamar. Grave coercion or coaccion grave has three indicating the intention to commit a particular
Thereupon, a scuffle ensued between the two, elements: (a) that any person is prevented by crime, more than a mere planning or preparation,
during which Villamar managed to hit Cortez with another from doing something not prohibited by which if carried out to its complete termination
a chisel on the head rendering the latter weak and law, or compelled to do something against his or following its natural course, without being
immobilized, after which she threatened her with her will, be it right or wrong; (b) that the frustrated by external obstacles nor by the
a pair of scissors. Villamar was demanding that prevention or compulsion is effected by violence, voluntary desistance of the perpetrator, will
Cortez reveal where the "Sinumpaang Salaysay" either by material force or such a display of it as logically and necessarily ripen into a concrete
was located. Meanwhile, attracted by the would produce intimidation and, consequently, offense.
commotion, a curious crowd was already gathering control over the will of the offended party; and (c) Verily, while the series of acts committed by the
outside the Cortez residence. Sensing imminent that the person who restrains the will and liberty petitioner do not determine attempted rape, as
danger, Villamar demanded money and a get-away of another has no right to do so or, in other words, earlier discussed, they constitute unjust vexation
vehicle to extricate herself from her predicament. that the restraint is not made under authority of a punishable as light coercion under the 2nd
However, on her way to the car, a melee ensued law or in the exercise of any lawful right. When paragraph of Article 287 of the RPC. There is no
resulting in her immediate arrest by the appellant forcibly dragged and slapped Yvonne, he need to allege malice, restraint or compulsion in
responding policemen. took away her right to go home to Binuangan. an information for unjust vexation. As it were,
Issue: Whether or not accused is guilty of serious Appellant presented no justification for preventing unjust vexation exists even without the element of
illegal detention. Yvonne from going home, and we cannot find any. restraint or compulsion for the reason that this
Held: No. The court is of the opinion that the 86 term is broad enough to include any human
accused had no intention to kidnapor deprive UNJUST VEXATION (ART. 287) conduct which, although not productive of some
Cortez of her personal liberty. BALEROS vs. PEOPLE (G.R. No. 138033) physical or material harm, would unjustly annoy or
What actually transpired was the rage of a woman Facts: On December 13, 1991, Malou was irritate an innocent person.
scorned. The undeniable fact that the purpose of awakened by the smell of chemical on a piece of ONG CHIU KWAN vs. CA (G.R. No. 113006)
Villamar was to seek the return of her child was cloth pressed on her face. She struggled but could 87
never assailed by the prosecution. Until the not move. Somebody was pinning her down on the Facts: On January 31, 1991, Bayona filed an
defendant's purpose to detain the offended party bed, holding her tightly. She wanted to scream for information charging petitioner with unjust
is shown, a prosecution for illegal detention will help but the hands covering her mouth with cloth vexation for cutting the electric wires, water pipes
not prosper. wet with chemicals were very tight. Still, she and telephone lines of ―Crazy Feet,‖ a business
establishment owned and operated by Mildred warning shot which caused the three to run rob/extort one John Doe (not his real name) in the
Ong. towards Phase I, Lapu-lapu Avenue. He chased manner as follows: on the date and place
On April 24, 1990, at around 10:00am, Ong Chiu them but when he saw the victim, he hailed a aforementioned, the said accused called up by
Kwan ordered Wilfredo Infante to ―relocate‖ the tricycle and asked the driver to bring the victim to phone the Executive Secretary of said complainant
telephone, electric and water lines of ―Crazy the nearest hospital. He continued chasing the and demanded the amount of P200,000.00,
Feet,‖ because said lines posed as a disturbance. suspects up to Phase II until he reached Agora, but Philippine Currency, in exchange for the
However, Ong Chiu Kwan failed to present a the suspects were gone. The incident happened information regarding the robbery case and slaying
permit from appropriate authorities allowing him swiftly but PO1 Molato had a good look at the face of Geronimo Gabilo on July 26, 1995, as in fact
to cut the electric wires, water pipe and of the one who stabbed the victim as he was about said accused, took, robbed and carried away the
telephone lines of the business establishment. 8 to 10 meters away from them. aforesaid amount of P200,000.00, Philippine
After due trial, on September 1, 1992, the lower After trial, the lower court rendered a judgment Currency, to the damage and prejudice of the said
court found Ong Chiu Kwan guilty of unjust of conviction offended party." When arraigned on September 24,
vexation, and sentenced him to ―imprisonment for According to accused - appellant, the vital 1996, appellants, with the assistance of counsel,
twenty days." The court also ordered him to pay element of animus lucrandi was not sufficiently pleaded "not guilty." In due course, they were
moral damages,exemplary damages and to pay established as the taking of the watch could have tried and found guilty by the court a quo.
attorney's fees. been a mere afterthought and the real intent of ISSUE: Whether or not Suela is guilty of robbery.
Issue: Whether or not the petitioner is guilty of the malefactors was to inflict injuries upon the HELD: "Simple robbery is committed by means of
unjust vexation. victim. Moreover, there was no evidence of violence against or intimidation of persons as
Held: Petitioner admitted having ordered the ownership of the wristwatch, as it may have distinguished from the use of force upon things,
cutting of the electric, water and telephone lines belonged to the two persons who attacked the but the extent of the violence or intimidation does
of complainant’s business establishment because victim. Lastly, there was no evidence of not fall under pars. 1 to 4 of Article 294 (Revised
these lines crossed his property line. He failed, conspiracy. Penal Code)‖ "Unfortunately, in the case at bar,
however, to show evidence that he had the ISSUE: Whether or not conviction of robbery with the prosecution failed to prove that appellant
necessary permit or authorization to relocate the homicide is warranted. Edgar Suela employed force or intimidation on
lines. Also, he timed the interruption of electric, HELD: A conviction for robbery with homicide private complainant John Doe (not his real name)
water and telephone services during peak hours of requires proof of the following elements: (a) the by instilling fear in his mind so as to compel the
the operation of business of the complainant. taking of personal property with violence or latter to cough out the amount of P200,000.00.
Thus, petitioner’s act unjustly annoyed or vexed intimidation against persons or with force upon Instead, what was established was that he had
the complainant. Consequently, petitioner Ong things; (b) the property taken belongs to another; agreed to give the P200,000.00 in exchange for
Chiu Kwan is liable for unjust vexation. (c) the taking be done with animus lucrandi (intent information regarding the identity and
88 to gain); and (d) on the occasion of the robbery or whereabouts of those who robbed him and killed
89 by reason thereof, homicide in its generic sense his friend.
ROBBERY (ART. 293) was committed. The offense becomes a special There was no showing that appellant Edgar Suela
PEOPLE VS. BASAO complex crime of robbery with homicide under had exerted intimidation on him so as to leave him
Facts: On the testimony of Gilbert Basao, in the Article 294 (1) of Revised Penal Code if the victim no choice but to give the money. Instead, what is
afternoon of April 14, 1994, the accused- is killed on the occasion or by reason of the clear was that the giving of the money was done
appellantPepe Iligan shot Lt. Joerlick Faburada robbery not out of fear but because it was a choice private
and wife, Dra. Arlyn Faburada who was four 90 complainant opted because he wanted to get the
monthspregnant, with an armalite rifle as the Animus lucrandi or intent to gain is an internal act information being offered to him for the
spouses were riding a motorcycle. When Dra. which can be established through the overt acts of consideration of P200,000.00 In fact, the money
Faburadaattempted to reach her h u s b a n d ’ s the offender. Although proof of motive for the was delivered not due to fear but for the purpose
firearm, she was again shot by t he crime is essential when the evidence of the of possibly having a lead in solving the case and to
accused-appellant. Afterwards, Iligan took away robbery is circumstantial, intent to gain oranimus possibly bring the culprit to justice (ibid.). As
Lt. Joerlick Faburada’s ―PNPA‖ gold ring, one .45 lucrandi may be presumed from the furtive taking such, the elements of simple robbery have not
caliber pistol andthe latter’s radio handset.On of useful property pertaining to another, unless been established in the instant case, hence,
April 19, 1994, Basao and accused-appellant went special circumstances reveal a different intent on appellant Edgar Suela should be acquitted of that
to the apartment of one Reynaldo Angelesin the part of the perpetrator. The intent to gain may charge."
Butuan City. Iligan asked Angeles to pawn a ring. be presumed from the proven unlawful taking.[6] 91
He acceded to the request. In the case at bar, the act of taking the victim’s People v. Donato Del Rosario (G.R. No. 13106)
Issue: Whether the accused-appellant has wristwatch by one of the accused Cergontes while FACTS: An information was filed against Donato
committed robbery with murder. Held: No. The accused-appellant Reyes poked a knife behind him del Rosario charging him of robbery with homicide
accused-appellant did not commit robbery with sufficiently gave rise to the presumption. committed as follows:
murder. The ruling in People vs. Salazar is In conspiracy, proof of an actual planning of the That accused steal and carry away jewelries,
doctrinal. If the original criminal design does not perpetration of the crime is not a condition belonging to Emelita Paragua, and on the occasion
clearly comprehend robbery but robberyfollows precedent. It may be deduced from the mode and of said robbery and for the purpose of enabling
the homicide as an afterthought or as a minor manner in which the offense was committed or him to take, steal and carry away the items and
incident of the homicide, the criminal actshould inferred from the acts of the accused evincing a taking advantage of superior strength and with
be viewed as constitutive of two offenses and not joint or common purpose and design, concerted intent to kill treacherously attack, assault, hit her
of a single complex crime. Robberywith homicide action and community of interest. with a hard object on the head and then strangle
arises only when there is a direct relation, an People vs. Suela et.al (GR No. 133570-71) and tie the neck of Raquel Lopez (niece of Emelita
intimate connection, between therobbery and the FACTS: Brothers Edgar and Nerio Suela, and Paragua) to prevent her from breathing and
killing, even if the killing is prior to, concurrent Edgardo Batocan sporting ski masks, bonnests and making an outcry, inflicting upon said Raquel
with, or subsequent to therobbery.In the instant gloves, brandishing handguns and knife barged into Lopez asphyxia injuries which directly caused her
case, it is apparent that the taking of the personal the room of Director Rosas who was watching death.
properties from the victim wasan afterthought. television together with his adopted son, Norman Emelita Paragua’s house was set on fire, some of
The personal properties were taken after accused- and his friend Gabilo. They threatened Rosas, her jewelries were missing and niece Raquel Lopez
a p p e l l a n t h a s a l r e a d y successfully Norman and Gabilo to give the location of their was found dead at the kitchen. The police
carried out his primary criminal intent of killing Lt money and valuables, which they eventually took. received information that Donato Del Rosario was
Faburada and the taking did notnecessitate the They dragged Gabilo downstairs with them. Upon seen outside the house of Paragua before the
use of violence or force upon the person of the Nerio’s instructions, Batocan stabbed Gabilo 5 incident happened and disappeared since then.
victim. Thus the crime is theftunder Article 308 of times which caused the latter’s death. The trial A few days later, Del Rosario surrendered himself
the Revised Penal Code which provides, viz.: court sentenced Edgar, Nerio and Batocan to to a police officer and volunteered that he will
Wherefore, the decision of theRegional Trial Court suffer the penalty of death appreciating the accompany them in recovering the stolen jewelries
was AFFIRMED with MODIFICATION. aggravating circumstance of disguise which was from where he sold them. After the jewelries were
People vs. Danilo Reyes (G.R. No. 135682) not alleged in the Information against the three. recovered, with the assistance of his lawyer, the
FACTS: PO1 Eduardo C. Molato saw the victim The Information against Edgar Suela reads as suspect signed a waiver and confession for killing
being held up by two persons. The one in front of follows: "xxx the said accused, with intent to gain, Raquel Lopez, robbery and setting the house of
the victim forcibly took his wristwatch while the and by means of intimidation against person, did Paragua on fire.
other one stabbed him at the back. He fired one then and there wilfully, unlawfully and feloniously
Del Rosario was charged for Robbery with 1. The penalty of from reclusion perpetua to abandoned by the accused and recovered by the
Homicide before the Regional Trial Court of death, when by reason or on occasion of the owner.
Olongapo City. During the arraignment, the robbery, the crime of homicide shall have been In People v. Salvilla, the Court held that in
accused pleaded not guilty for the crime charged. committed; or when the robbery shall have been robbery, the element of asportation — which
The trial court found the accused guilty beyond accompanied by rape or intentional mutilation or requires the taking of personal property out of the
reasonable doubt hence, an appeal. arson. possession of its owner, without his privity and
ISSUE: Whether or not the essential requisites of The elements of the crime of robbery with consent and withoutanimus revertendi — is present
the crime of Robbery with Homicide are present? homicide are: (1) the taking of personal property is once the property is in fact taken from the owner:
HELD: Yes, the essential requisites of the crime of committed with violence or intimidation against Severance of goods from the possession of the
robbery with homicide are present. persons; (2) the property taken belongs to owner and absolute control of the property by the
Case law has it that when a stolen property is another; (3) the taking is done with animo taker, even for an instant, constitutes asportation.
found in the possession of a person who is not the lucrandi; and (4) by reason of the robbery or on In the case at bar, all the elements of robbery,
owner thereof, will be presumed the thief if he the occasion thereof, homicide (used in its generic i.e., (a) personal property belonging to another;
cannot satisfactorily explain his possession. The sense) is committed. [29] (b) was unlawfully taken; (c) with intent to gain;
accused knew exactly where he can recover the Contrary to appellant’s contention in the second and (d) with the use of force upon things — were
stolen jewelries and was positively identified by assignment of error, his guilt for the crime of present. Because the homicide was committed by
witnesses. robbery with homicide was adequately proven reason or on the occasion of the robbery,
Intent to gain is assumed in an information where primarily by the testimony of the sole prosecution appellants are guilty of the special complex crime
it is alleged that there was unlawful taking and eyewitness which we found to be honest and of robbery with homicide under Article 294 of the
appropriation by the offender of the properties credible. Unless expressly required by law, the Revised Penal Code.
stolen. The jewelries recovered were pawned and testimony of a single witness, if found credible and 94
sold by the accused and was positively identified positive such as in the case at bench, is sufficient ROBBERY WITH HOMICIDE (ART. 294 [1])
by the owner of the establishments. to convict for the truth is established not by the People vs. Legaspi (GR 117802)
Homicide may occur before or after robbery, what number of witnesses but by the quality of their FACTS: For the robbery-slay of Police Officer
is important is there is an intimate connection testimonies. Carlos Deveza and the physical injuries inflicted on
between the killing and the robbery. The court found the testimony of the sole Wilfredo Dazo, the RTC convicted
People v. Zinampan (G.R. No. 126781) prosecution eyewitness as honest and credible and accused-appellants Dennis Legaspi and Emilio
FACTS: Appellant Elvis Doca and his co-accused, further holds that a credible and positive Franco, for the special complex crime of Robbery
Calixto Zinampan alias Gorio, Artemio Apostol alias testimony of a single eyewitness is sufficient. A with Homicide.
Temy, Ignacio Cusipag, Robert Cusipag, Roger conviction for the truth is determined by the Legaspi and Franco were charged and convicted of
Allan and Miguel Cusipag were charged with the quality of the testimony and not by the number of the special complex crime of robbery with
crime of robbery with homicide defined and witnesses. homicide. They were identified as perpetrators of
penalized under Article 294(1) of the Revised 93 the crime by someone from a group of eleven
Penal Code People vs. Apolinario (G.R. No. 97426) residents who were invited for questioning by the
92 FACTS: Romeo Apolinario and Antonio Rivera police. The accused now claims that their rights
Elvis Doca, Artemio Apostol, Calixto Zinampan and appeal from a decision of the RTC finding them during custodial investigation were violated.
Roger Allan entered the sari-sari store of Henry guilty of robbery with homicide. ISSUE: Was the special complex crime of robbery
and Gaspara Narag of Linao, Tuguegarao, Cagayan Appellants were charged in an information which with homicide duly established by the evidence
and forced their way into the house adjacent to reads as follows: presented by the prosecution?
the store. The housekeeper, Marlyn Calaycay was Xxx the above-named accused, armed with bolos HELD: The evidence adduced established all the
pulled back to the store by Elvis Doca as Henry was and with intent of (sic) gain, conspiring, elements of the special complex crime of robbery
taken to the sala. Henry was repeatedly ordered to confederating and mutually helping one another, with homicide. For in the crime of robbery with
produce his gun and money and when he refused by means of force upon things entered the house homicide, the homicide may precede the robbery
Artemio hit him in the head with his gun. Henry of the Spouses SIMON HIBALER and RESTITUTA or may occur after the robbery, as what is
gave them money but insisted that he did not have HIBALER through the window jealousy (sic) and essential is that there is a direct relation, an
a gun for which Calixto hit him with the butt of a once inside, by means of violence and intimidation intimate connection between the robbery and the
gun at the back of his head while Gaspara pleaded did then and there wilfully, unlawfully and killing.
for their lives. The intruders then carried away feloniously take, steal and carry away personal This special complex crime is primarily a crime
property and money that they had obtained from properties including Cash money, silver coings. against property and not against persons, homicide
the couple. Henry died five days later due to the Assorted jewelries et.al and that on the occasion being a mere incident of the robbery with the
injuries suffered from the robbery. Gaspara Narag and in the furtherance of the robbery, Simon latter being the main purpose and object of the
passed away while the criminal case was pending Hibaler was boloed several times causing death criminal. In the instant case, the records show that
with the trial court leaving Marlyn as the lone thereafter. the fatal shooting of Carlos Deveza, while it
witness left. The trial court found Elvis Doca guilty Appellants contend that they could not be preceded the robbery, was for the purpose of
of robbery with homicide and sentenced him to convicted of robbery with homicide because the removing an opposition to the robbery or
reclusion perpetua. robbery had not been proven as there was no suppressing evidence thereof. NewÓ miso
It appears that the spouses Henry and Gaspara conclusive evidence that they had carried the The phrase "by reason" covers homicide committed
Narag, together with their housemaid Marlyn money and other personal properties away from before or after the taking of personal property of
Calaycay, were the only persons present when four the Hibaler house another, as long as the motive of the offender (in
(4) men robbed their house in Linao, Tuguegarao, ISSUE: Whether appellants are guilty of special killing a person before the robbery) is to deprive
Cagayan in the early evening of December 8, 1988. complex crime of robbery with homicide. the victim of his personal property which is sought
Henry Narag died five (5) days after slipping into HELD: The element of taking or asportation in the to be accomplished by eliminating an obstacle or
coma due to the severe head injuries which he crime of robbery, in the instant case, was opposition, or to do away with a witness or to
suffered from the hands of the robbers. completed when appellants and Mario Sion took defend the possession of stolen property.
Incidentally, Gaspara Narag passed away while the the personal property, even if (and this is not true Obviously, the killing of Carlos Deveza and the
instant criminal case was pending with the trial in the case at bar) they had no subsequent shooting of Wilfredo Dazo were perpetrated by
court, before she could testify as witness for the opportunity to dispose of the same. Restituta had reason of or on the occasion of the robbery. Thus,
prosecution. Marlyn Calaycay was the testified that after the robbery, she made an the physical injuries sustained by Dazo are deemed
prosecution’s lone eyewitness. inventory and found many of their personal absorbed in the crime of robbery with homicide.
ISSUE: Whether or not the guilt of the accused for belongings missing. The later disposition of the Taken in its entirety, the overt acts of
the crime of robbery with homicide was proven by property taken, or the failure to dispose of such accused-appellant Legaspi prove that the lone
the testimony of the single witness? property, is without moment so far as the motive for the killing of Deveza and the shooting
HELD: Yes, the guilt of the accused was characterization of the crime as robbery is of Dazo was for the purpose of consummating and
sufficiently proven by the sole prosecution witness concerned. In People v. Puloc, it was held that: ensuring the success of the robbery.
for the crime of robbery. . . .. As early as People v. Patricio, the settled The shooting of Dazo was done in order to defend
ART. 294. Any person guilty of robbery with the rule is that when the fact of asportation has been the possession of the stolen property. It was
use of violence against or intimidation of any established beyond reasonable doubt, the therefore an act which tended to insure the
person shall suffer: conviction of the accused is justified even if, as in successful termination of the robbery and secure
this case, the thing subject of the robbery was to the robber the possession and enjoyment of the
goods taken. Accused-appellant’s argument that HELD: The elements of Robbery with Homicide are HELD: Article 294 (1) of the Revised Penal Code, as
the element of "taking" was not proved is thus as follows: amended by R.A. 7659, provides:
unavailing. (1) the taking of personal property is committed Article 294. Robbery with violence against or
95 with violence or intimidation against persons; intimidation of persons. – Penalties. – Any person
People vs. Robles (GR No. 101335) (2) the property taken belongs to another; guilty of robbery with the use of violence against
FACTS: Patrolmen were on board a police vehicle (3) the taking is done with animo lucrandi; and or intimidation of any person shall suffer:
patrolling. The police car came alongside a taxicab (4) by reason of the robbery or on the occasion 1. The penalty of reclusion perpetua to death,
with two male passengers. When the policemen thereof, homicide is committed. when by reason or on occasion of the robbery, the
noticed that the passengers were acting A conviction for robbery with homicide requires crime of homicide shall have been committed, or
suspiciously and could not look directly at them, certitude that the robbery is the main purpose and when the robbery shall have been accompanied by
they signalled the taxicab driver to stop for objective of the malefactor and the killing is rape or intentional mutilation or arson.
routine inspection. The one seated beside the merely incidental to the robbery. The animo That accused-appellant did not shoot Gomez is
driver was identified as Manas, while the one at lucrandi must proceed the killing. immaterial. Article 294 (1) of the Revised Penal
the back seat was appellant Robles. The policemen If the original design does not comprehend Code is clear and leaves no room for any other
saw two bags on the floor of the back of the robbery, but robbery follows the homicide either interpretation. For, for robbery with homicide to
taxicab. When asked whether the bags belonged to as an afterthought or merely as an incident of the exist, it is sufficient that a homicide results by
them, the two men initially refused to answer. homicide, then the malefactor is guilty of two reason or on the occasion of robbery.[35] The law
However, Robles broke down and admitted that separate crimes, that of homicide or murder and of course exculpates a person who takes part in
they had robbed the house of one Jose Macalino in robbery, and not of the special complex crime of the robbery from the special complex crime of
Makati. Detective then went to the house of robbery with homicide, a single and indivisible robbery with homicide and punishes him only for
Macalino and there they discovered two dead offense. It is the intent of the actor to rob which simple robbery when there is proof that he tried to
persons inside the house, later identified as supplies the connection between the homicide and prevent the homicide. No such proof, however,
household helpers of Macalino. the robbery necessary to constitute the complex was offered.
Appellant was convicted of robbery with homicide. crime of robbery with homicide. Whenever homicide is committed as a
He was apprehended after admitting the crime. However, the law does not require that the sole consequence or on the occasion of the robbery, all
ISSUE: Whether or not complex crime of Robbery motive of the malefactor is robbery and commits those who took part as principals in the robbery
with Homicide was committed. homicide by reason or on the occasion thereof. will also be held guilty as principals in the special
HELD: Robles is guilty of Robbery with Homicide. Even if the malefactor intends to kill and rob complex crime of robbery with homicide although
The unexplained possession of stolen articles gives another, it does not preclude his conviction for the they did not take part in the homicide, unless it is
rise to a presumption of theft, unless it is proved special complex crime of robbery with homicide. clearly shown that they endeavored to prevent the
that the owner of the articles was deprived of In People v. Damaso, this Court held that the fact homicide.
possession by violence, intimidation, in which case that the intent of the felons was tempered with a As conspiracy has been established, all the
the presumption becomes one of robbery. desire also to avenge grievances against the victim conspirators are liable as co-principals regardless
In robbery with homicide cases, the prosecution killed, does not negate the conviction of the of the manner and extent of their participation
need only to prove these elements: the taking of accused and punishment for robbery with since, in conspiracy, the act of one is the act of
personal property is perpetrated by means of homicide. all.
violence or intimidation against a person; property A conviction for robbery with homicide is proper People vs. Montinola (G.R. Nos. 131856-57)
taken belongs to another; the taking is even if the homicide is committed before, during FACTS: Two criminal cases were filed against
characterized by intent to gain or animus lucrandi, or after the commission of the robbery. The Montinola and he was later on sentenced to
and on the occasion of the robbery or by reason homicide may be committed by the actor at the reclusion perpetua for robbery with homicide and
thereof the crime of homicide, here used in a spur of the moment or by mere accident. Even if death for illegal possession of firearm.
generic sense is committed. two or more persons are killed and a woman is Montinola boarded a passenger jeepney driven by
The homicide may precede the robbery or may raped and physical injuries are inflicted on Hibinioda. Among the passengers was Reteracion.
occur after the robbery. What is essential is that another, on the occasion or by reason of robbery, All of a sudden, appellant drew his gun, an
there is an intimate connection between robbery there is only one special complex crime of robbery unlicensed firearm, .380 cal pistol and directed
and the killing whether the latter be prior or with homicide. What is primordial is the result Reteracion to hand over his money or else he
subsequent to the former or whether both crimes obtained without reference or distinction as to the would be killed. Montinola aimed the firearm at
be committed at the same time. The rule is that circumstances, cause, modes or persons the neck of Reteracion and fired successive shots
whenever homicide has been committed as a intervening in the commission of the crime. at the latter. As a result Reteracion slumped dead.
consequence of or on occasion of the robbery, all Robbery with homicide is committed even if the Montinola was charged with robbery with homicide
those who took part as principals in the robbery victim of the robbery is different from the victim and illegal possession of firearm. He entered a
will also be held guilty as principals of the crime of of homicide, as long as the homicide is committed plea of not guilty but withdrew the same after the
robbery with homicide although they did not take by reason or on the occasion of the robbery. It is prosecution presented 3 witnesses. When
part in the homicide, unless it clearly appears they not even necessary that the victim of the robbery rearraigned, he pleaded "guilty" to the 2 charges.
endeavored to prevent the homicide. is the very person the malefactor intended to rob. ISSUE: Whether the use of an unlicensed firearm
PEOPLE vs. DANIELLA (G.R. No. 139230) People vs. Ricardo Napalit (G.R. Nos. 142919) on the killing perpetrated by reason or on occasion
FACTS: An Information for Robbery with Homicide FACTS: The Information charges accused-appellant of the robbery may be treated as a separate
was filed against Manuel and Jose in the Regional with robbery in band with homicide defined and offense or as an aggravating circumstance in the
Trial Court of Cebu City, which reads: penalized under Article 294 (as amended by R. A. crime of robbery with homicide?
―That the said accused, conniving and 7659) and Article 296 of the Revised Penal Code. HELD: Where either homicide or murder is
confederating together and mutually helping each Accused-appellant argues nevertheless that committed with the use of an unlicensed firearm,
other, armed with bladed weapons and handguns, assuming that he had indeed participated in the such use shall constitute an ―aggravating
with deliberate intent and with intent to kill, did incident, he should only be held liable for robbery circumstances‖. – but the same cannot be given
then and there attack, assault and use personal and not for the special complex crime of robbery retroactive effect to herein accused.
violence upon one Ronito Enero by stabbing him on with homicide. For, so he claims, the shooting of 98
the vital parts of his body with said bladed Gomez by his companions was beyond his Sec. 1 of P.D.1866 provides that if homicide or
weapons, thereby inflicting upon him physical contemplation and he never intended to murder is committed with the use of an unlicensed
injuries thus causing his instantaneous death, and perpetrate any killing, hence, only the actual firearm, the penalty of death shall be imposed.
with intent of gain, did then and there take and perpetrators of the killing should be held liable Said Presidential Decree was however, amended
carry away there from jewelries consisting of therefore and the killing should not be by R.A. 8294, while Montinola’s case was still
earrings, necklaces, wristwatch and rings. 97 pending.
The defense argues that appellant never had the appreciated to increase his liability. He further R.A. 8294 provides that if homicide or murder is
original design to rob when he went to the Co adds that his carrying of a firearm was only for the committed with the use of an unlicensed firearm,
compound. purpose of threatening the victims so that they such use of an unlicensed firearm shall be
ISSUE: Whether or not the prosecution proved the would not offer any resistance to him and his considered as an aggravating circumstance.
crime of robbery with homicide companions. No separate conviction for illegal possession of
96 ISSUE: Whether or not accused shall be held liable firearm if homicide or murder is committed with
HELD: for robbery and not for the special complex crime the use of an unlicensed firearm; instead, such use
of robbery with homicide. shall be considered merely as an aggravating
circumstance in the homicide or murder Held: Yes. Robbery was the main intent of contention of fabrication must be rejected as
committed. Hence, insofar as the new law will be appellant. AAA’s death resulted by reason of or on thecomplainant has no ill motive to falsely
advantageous to WILLIAM as it will spare him from occasionthereof. Following Article 294 (1) and implicate him in the commission of the offense.
a separate conviction for illegal possession of Article 62 (1)1 of RPC, rape should have been Also, herconducts after the crime, strenghtened
firearm, it shall be given retroactive effect.” appreciatedas an aggravating circumstance her account and fortified her credibility. No
Pursuant to the third paragraph of Section 1 of instead. Wherefore, the decisio n of CA is affirmed decent andsensible woman will publicly admit
P.D. No. 1866, as amended by R.A. No. 8294, use withmodification. Michael Hipona is guilty of being a rape victim and thus run the risk of public
of an unlicensed firearm is a special aggravating robbery with homicide. contemptunless she is, in fact, a rape victim.
circumstance in the homicide or murder 100 101
committed. ―At any rate, even assuming that the ROBBERY WITH RAPE (ART. 294 [2]) THEFT (ART. 308)
aggravating circumstances present in the PEOPLE cs. VERCELES LAUREL vs. ABROGAR
commission of homicide or murder may be counted Facts: On October 19, 1996, in the morning, in Facts: On or about September 10-19, 1999, or prior
in the determination of the penalty for robbery barangay Malibong in Pangasinan, the accused, thereto in Makati City, the accused, conspiring
with homicide, we cannot appreciate in this case MarioVerceles, Felix Corpus, Mamerto Soriano, andconfederating together and all of them
the special aggravating circumstance of use of an Pablo Ramos and Jerry Soriano, entered the house mutually helping and aiding one another, with
unlicensed firearm mentioned in the third of Mrs. Rosita Quilates by forcibly destroying the intent togain and without the knowledge and
paragraph of Section 1 of P.D. No. 1866, as grills of the window which they used as an consent of the Philippine Long Distance Telephone
amended by R.A. No. 8294. Such law was not yet ingressand once inside, did, then and there, (PLDT),did then and there willfully, unlawfully and
enacted when the crime was committed by willfully and unlawfully cart away the following feloniously take, steal and use the international
WILLIAM; it cannot, therefore, be given retroactive personalproperties: 1 colored TV, 1 VHS, assorted longdistance calls belonging to PLDT by conducting
effect for being unfavorable to him.‖ jewelries, 1 alarm clock and 1 radio cassette, International Simple Resale (ISR), which is
The Court further held ―Under Article 294 of the allvalued at P60,000.00, and that on the same amethod of routing and completing international
Revised Penal Code, as amended by R.A. No. 7659, occassion, the said accused feloniously have long distance calls using lines, cables,
robbery with homicide is punishable by reclusion sexualintercourse with Maribeth Bolito against her antenae,and/or air wave frequency which connect
perpetua to death, which are both indivisible will to the damage of the said victims. directly to the local or domestic exchange
penalties. Article 63 of the same Code provides Issue: Whether accused-appellants are guilty of facilities of the country where the call is destined,
that in all cases in which the law prescribes a the crime of Robbery with Rape. effectively stealing this business from PLDT while
penalty composed of two indivisible penalties, the Held: On the matter of whether rape was using itsfacilities in the estimated amount of
greater penalty shall be applied when the committed, the SC agree with the trial court's P20,370,651.92 to the damage and prejudice of
commission of the deed is attended by one ruling that thehealed lacerations on the vagina of PLDT, inthe said amount.
aggravating circumstance. If we would apply the victim nor the absence of spermatozoa negates Issue: Whether international long distance calls
retroactively the special aggravating circumstance rape.Thevictim's delaration of her sexual ordeal and the business of providing telecommunication
of use of unlicensed firearm under Section 1 of given in a convincing manner, shows no other ortelephone services are considered as personal
P.D. No. 1866, as amended by R.A. No. 8294, the intentionthan to obtain justice for the wrong done properties subjected to theft.
imposable penalty would be death. Conformably to her. Wherefore, the court finds the Held:In the instant case, the act of conducting ISR
with our ruling in People v. Valdez, insofar as the accused-appellants guilty of the crime of Robbery operations by illegally connecting
new law would aggravate the crime of robbery with Rape and punished to suffer penalty of variousequipment or apparatus to private
with homicide and increase the penalty from ReclusionPerpetua, and to award damages in the respondent PLDTs telephone system, through
reclusion perpetua to death, it would not be given amount of P50,000.00 as mo ral damages which petitioneris able to resell or re-route
retroactive application, lest it would acquire the andP50,000.00 as civil indemnity to the rape international long distance calls using respondent
character of an ex post facto law. Hence, we shall victim. PLDTs facilitiesconstitutes all three acts of
not appreciate that special aggravating PEOPLE vs. TAMAYO subtraction mentioned above.
circumstance. There being no modifying Facts: On March 29, 1998, Mary Ann Guazon, a LUCAS vs. CA
circumstances, the lesser penalty of reclusion 24-year old sewer, was alone in her home in Facts: Herminigildo Lucas was charged with theft
perpetua shall be imposed upon accused-appellant Tatalon,Quezon City, her husband at work in before the Regional Trial Court of Binangonan,
WILLIAM.‖ Baliwag, Bulacan, while her children are with her Rizal,together with Wilfredo Navarro and Enrique
In this case, the accused had been charged with aunt inFairview Quezon City,. At 1 in the morning, Lovena. The Information alleged that on or about
two offenses: robbery with homicide and illegal she was suddenly roused from her sleep by a 8June 1990 the three (3) accused, conspiring,
possession of firearms. During the pendency of the man,who simulteneously covered her mouth and confederating and mutually helping one
case, the amended law came into force. The court poked a knife to at the side of her neck. She another,with intent to gain, willfully, unlawfully
then held that insofar as R.A. 8294 was favorable wastold not to move or she would b killed. The and feloniously stole and carried away one
to the accused in that it spared him from separate light on her house has been turned off, but stereocomponent, a 14-inch colored TV, an
prosecution for illegal possession, the charge for sherecognized the man as accused-appellant electric fan, twenty-three (23) pieces of cassette
illegal possession was dropped. Insofar, however, Nelson Tamayo, because of the light coming from tapes,one (1) box of car toys, four (4) pieces of
as it increased the penalty for robbery with themarket outside.Despite the fierce resistance Pyrex crystal bowls, cash of P20,000.00 and
homicide, the aggravating circumstances of the Mary Ann showed, the accused succeeded in jewelryworth P10,000.00, valued at P100,000.00
use of unlicensed weapon could not be rapingher. After he had finished, she sensed that all belonging to Luisito Tuazon.Petitioner
appreciated. the accused was going to kill her. She thus HerminigildoLucas and his co-accused Wilfredo
99 pretendedthat she enjoyed the encounter and Navarro pleaded not guilty. Their co-accused
PEOPLE vs. HIPONA pleaded with him to spare her. Accused relented Enrique Lovenaremains at large.
Facts: On or about June 12, 2000 at 1: 00 am in and warnedher not to report the incident or else Issues: Whether the trial court erred to prove the
Cagayan de Oro, appellant Michael Hipona she will be killed. He told her to get dressed and conspiracy between the accused;- Whether the
togetherwith Romulo Seva, Jr. and one John Doe handedover her clothes. It was then that she trial court erred in proving the credibility of the
conspired and feloniously had a carnal knowledge discovered that the P500.00 she earned from witnesses; and- Whether the trial court erred in
withthe offended party AAA who is the aunt of doinglaundry that day, which she kept in her imposing the penalties therein of the
accused Michael Hipona. On occasion of the said shorts' pocket, was gone. accused-appellant
rape,accused, with evident premeditation, Issue: Whether the the trial court erred in finding Held: The court ruled that conspiracy need not be
treachery and abuse of superior strength and accused-appellant guilty of the special complex proved by direct evidence of a prior agreement
dwelling,choked and strangulated the victim. The crimeof robbery with rape, despite his guilt not tocommit the crime. It may be deduced from the
victim’s brown bag worth P3,800; cash money in having been proven beyond reasonable ground. concerted acts of the accused,
theamount of no less than P5,000; and gold Held: Yes. That the accused is the person who indubitablydemonstrating their unity of purpose,
necklace were stolen by all the accused but the raped complainant and stole the P500.00 is intent and sentiment in committing the crime.
goldnecklace were later on recovered and beyonddoubt. The court finds his identification as Thus, it isnot required that the accused were
confiscated in the person of accused Michael the pepetrator of the crime to be positive and acquainted with one another or that there was an
Hipona.For failure to prove the guilt of accused certain.It was sufficiently explaines that the light agreementfor an appreciable period prior to the
Romulo Seva, Jr. beyond reasonable doubt, he is coming from the market was bright enough to occurrence.
dulyacquitted. enablecomplainant to identify him as the one who 102
Issue: Whether appellant is liable of the crime of raped her.She also took note of specific details QUALIFIED THEFT (ART. 310)
robbery with homicide. thatwould ascertain the identity of the rapist. The QUINAO vs. PEOPLE
Facts: A petition was filed for review on certiorari 2. Whether or not qualified theft may be Arriving at appellant’s house, he did not find the
seeking the reversal of the Decision of the CA committed when the personal property is in the taxi there, appellant’s wife telling him that her
findingConchita Quinao and Salvador Cases guilty lawful possession of the accused prior to the husband had not yet arrived. Thereafter, Cipriano
of the crime Usurpation of Real Property. commission of the alleged felony? went to the Commonwealth Avenue police station
Bothaccused and complainant are claiming HELD: The Supreme Court acquitted the accused and reported that his taxi was missing.
ownership over the land in question. The land was for the crime of qualified theft. The prosecution On January 9, 1997, appellant’s wife went to the
alreadylitigated and awarded to the parents of the failed to prove by direct or sufficient garage of ESC Transport and revealed that the taxi
complainant in a decided Civil Case. circumstantial evidence that there was a taking of had been abandoned in Regalado Street, Lagro,
Complainant'switness Bienvenido Delmonte personal property by petitioner. Quezon City. Cipriano recovered the said taxi.
declared that on February 2, 1993 at around 9 Theft as defined in Article 308 of the Revised Bustinera was charged for the crime of qualified
o'clock in themorning while he was busy working in Penal Code requires physical taking of another’s theft.
the agricultural land which he owns in common property without violence or intimidation against The RTC convicted the accused for the crime of
withcomplainant Francisco Delmonte, accused persons or force upon things. qualified theft.
together with their other close relatives The crime of theft is akin to the crime of robbery. ISSUE: Whether or not appellant is guilty of the
suddenlyappeared and while there, with the use of The only difference is in robbery there is force crime of qualified theft.
force, violence and intimidation, usurped and upon things or violence or intimidation against HELD: The Supreme Court acquitted Luisito D.
tookpossession of their landholding, claiming that persons in taking of personal properties. In the Bustinera for the crime of qualified theft but,
the same is their inheritance from their crime of theft the taking of the personal property convicted him for the crime of carnapping under
ascendantsand while there, accused immediately with intent to gain is without violence against or Republic Act No. 6539.
gathered coconuts and made them into intimidation of persons nor force upon things and Appellant was convicted of qualified theft under
copra.Complainant was forcibly driven out by the the taking shall be without the consent of the Article 310 of the Revised Penal Code, as amended
accused from their landholding and was owner. In robbery, the taking is against the will of for the unlawful taking of a motor vehicle.
threatenedthat if he will try to return to the land the owner. However, Article 310 has been modified, with
in question, something will happen to him. Under Article 308 of the Revised Penal Code, the respect to certain vehicles, by Republic Act No.
Issue: Whether accused-petitioner who claims to following are the elements of the crime of theft: 6539, as amended, otherwise known as "AN ACT
be the owner of the land in question could be 1. Intent to gain; PREVENTING AND PENALIZING CARNAPPING."
heldliable of usurpation of her own property. 2. Unlawful taking; When statutes are in pari materia or when they
Held: As ruled by the trial court and affirmed by 3. Personal property belonging to another; relate to the same person or thing, or to the same
the CA, the issue of ownership over the land 4. Absence of violence or intimidation against class of persons or things, or cover the same
inquestion having been decided in Civil Case No. persons or force upon things. specific or particular subject matter, or have the
3516 in favor of the complainant in 1949, thesame The foregoing requirements presume that the same purpose or object, the rule dictates that
will not be disturbed. The accused has to respect personal property is in the possession of another, they should be construed together.
the findings of the court. unlike estafa, [where] the possession of the thing In construing them the old statutes relating to the
The Court fullyagreed with the findings on the is already in the hands of the offender. same subject matter should be compared with the
issue of the ownership of the lot involved in this The juridical possession of the thing appropriated new provisions and if possible by reasonable
case. Theevidence on record sufficiently refuted did not pass to the perpetrators of the crime, but construction, both should be so construed that
petitioner's claim of ownership. In order to sustain remained in the owners; they were agents or effect may be given to every provision of each.
aconviction for "usurpacion de derecho reales servants of the owners and not bailees of the However, when the new provision and the old
," the proof must show that the real property. But it has been suggested that one of relating to the same subject cannot be reconciled
propertyoccupied or usurped belongs, not to the the essential elements of the crime of theft is that the former shall prevail as it is the latter
occupant or usurper, but to some third person, and the intent to misappropriate the property taken expression of the legislative will
thatthe possession of the usurper was obtained by must exist at the time of the asportation and that The elements of the crime of theft as provided for
means of intimidation or violence done to while this element clearly existed in the De Vera in Article 308 of the Revised Penal Code are: (1)
theperson ousted of possession of the property. case, it is not as apparent in the case at bar. that there be taking of personal property; (2) that
The trial court and the CA ruled in the In the present case, what is involved is the said property belongs to another; (3) that the
affirmativebased on the testimony of prosecution possession of money in the capacity of a bank taking be done with intent to gain; (4) that the
witness Bienvenido Delmonte. The petition was teller. In People v. Locson,[15] cited above, this taking be done without the consent of the owner;
denied forlack of merit, and the decision of the CA Court considered deposits received by a teller in and (5) that the taking be accomplished without
was affirmed. behalf of a bank as being only in the material the use of violence against or intimidation of
ROQUE vs. PEOPLE (G.R. No. 138954) possession of the teller. This interpretation applies persons or force upon things.
FACTS:Petitioner Asuncion Roque was charged of with equal force to money received by a bank Theft is qualified when any of the following
qualified theft in the Regional Trial Court of teller at the beginning of a business day for the circumstances is present: (1) the theft is
Guagua Pampanga. purpose of servicing withdrawals. Such is only committed by a domestic servant; (2) the theft is
On November 16, 1989, accused Asuncion Roque, a material possession. Juridical possession remains committed with grave abuse of confidence; (3) the
teller of the Basa Air Base Savings and Loan with the bank. In line with the reasoning of the property stolen is either a motor vehicle, mail
Association Inc. (BABSLA) with office address at Court in the above-cited cases, beginning with matter or large cattle; (4) the property stolen
Basa Air Base, Floridablanca, Pampanga. As a People v. De Vera, if the teller appropriates the consists of coconuts taken from the premises of a
teller he was authorized and reposed with the money for personal gain then the felony plantation; (5) the property stolen is fish taken
responsibility to receive and collect capital committed is theft and not estafa. Further, since from a fishpond or fishery; and (6) the property
contributions from its member/contributors of said the teller occupies a position of confidence, and was taken on the occasion of fire, earthquake,
corporation, and having collected and received in the bank places money in the teller’s possession typhoon, volcanic eruption, or any other calamity,
her capacity as teller of the BABSLA the sum of ten due to the confidence reposed on the teller, the vehicular accident or civil disturbance.
thousand pesos (P10,000.00), Roque, with intent felony of qualified theft would be committed. 105
to gain, and with grave abuse of confidence and 104 On the other hand, Section 2 of Republic Act No.
without the knowledge and consent of the PEOPLE vs. BUSTINERA (G. R. No. 148233) 6539, as amended defines "carnapping" as "the
corporation, take away the amount of P10,000.00, FACTS: Sometime in 1996, Edwin Cipriano, who taking, with intent to gain, of a motor vehicle
by making it appear that a certain depositor by the manages ESC Transport hired appellant, Luisito belonging to another without the latter's consent,
name of Antonio Salazar withdrew from his Savings Bustinera as a taxi driver and assigned him to drive or by means of violence against or intimidation of
Account No. 1359, when in truth and in fact said a Daewoo Racer. It was agreed that appellant persons, or by using force upon things." The
Antonio Salazar did not withdraw the said amount would drive the taxi from 6:00 a.m. to 11:00 p.m, elements of carnapping are thus: (1) the taking of
of P10,000.00. after which he would return it to ESC Transport’s a motor vehicle which belongs to another; (2) the
103 garage and remit the boundary fee in the amount taking is without the consent of the owner or by
The RTC found the petitioner guilty beyond of P780.00 per day. means of violence against or intimidation of
reasonable doubt of the crime charged. On appeal, On December 25, 1996, appellant admittedly persons or by using force upon things; and (3) the
the appellate court affirmed the decision of the reported for work and drove the taxi, but he did taking is done with intent to gain.
RTC in toto. not return it on the same day as he was supposed Carnapping is essentially the robbery or theft of a
ISSUES: to. motorized vehicle, the concept of unlawful taking
1. Whether or not the accused is guilty of qualified The following day, Cipriano went to appellant’s in theft, robbery and carnapping being the same.
theft. house to ascertain why the taxi was not returned.
Since appellant is being accused of the unlawful that specified in Article 309 of the Revised Penal FACTS: Appellant Ruben Sison is the Assistant
taking of a Daewoo sedan, it is the anti- Code. Two (2) degrees higher than prision mayor in Manager of the Philippine Commercial
carnapping law and not the provisions of qualified its minimum and medium periods is reclusion International Bank (PCIB). He concurrently held
theft which would apply. temporal in its medium and maximum periods. the position of Branch Operation Officer of PCIB
The designation in the information of the offense In addition, forging the signatures of the bank Luneta Branch. As such, appellant was able to
committed by appellant as one for qualified theft officers authorized to sign the subject cashier’s changed the account name from Solid Electronics,
notwithstanding, appellant may still be convicted check was resorted to in order to obtain the sum Inc. to Solid Realty Development Corporation and
of the crime of carnapping. Amistake in the of P36,480.30 for the benefit of the accused. that appellant made the back office withdrawals
caption of an indictment in designating the correct Since falsification of the subject cashier’s check in behalf of Solid Realty Development Corporation.
name of the offense is not a fatal defect as it is was a necessary means to commit the crime of He also facilitated the crediting of two (2)
not the designation that is controlling but the facts qualified theft resulting in a complex crime. fictitious remittances in the amounts of
alleged in the information which determines the Hence, Article 48 of the Revised Penal Code, P3,250,000.00 and P4,755,000 in favor of Solid
real nature of the crime. applies, which provides that, ― x x x where an Realty Development Corporation, an equally
In the case at bar, the information alleges that offense is a necessary means for committing the fictitious account, and then later the withdrawal
appellant, with intent to gain, took the taxi owned other, the penalty for the more serious crime in its of P6,000,000.00 from the PCIB Luneta Branch.
by Cipriano without the latter’s consent. Thus, the maximum period shall be imposed.‖ Considering The trial court convicted appellant of qualified
indictment alleges every element of the crime of that qualified Theft is more serious than theft.
carnapping, and the prosecution proved the same. falsification of bank notes or ISSUE: Whether or not Ruben Sison is guilty of
106 107 qualified theft?
PEOPLE vs. SALONGA (G.R. No. 131131) certificates which is punished under Article 166 (2) HELD: The Supreme Court affirmed the RTC
FACTS: Accused-appellant Abelardo Salonga was of the Revised Penal Code with prision mayor in its decision convicting the accused for qualified theft.
employed by Metrobank as an acting assistant minimum period, the correct penalty is fourteen Art.'s 308 and 310, respectively of the Revised
cashier. In such capacity, he was in charge of (14) years and eight (8) months of reclusion Penal Code provides:
managing money market placements and payments temporal as minimum to twenty (20) years of Who are liable for theft. — Theft is committed by
of maturing money placement investments. reclusion temporal as maximum. any person who, with intent to gain but without
Accused-appellant was the custodian of the blank CARIAGA vs. CA (G.R. No. 143561) violence against or intimidation of persons nor
Metrobank cashier’s check which was processed FACTS: Luis Miguel Aboitiz, employed as Systems force upon things, shall take personal property of
and encashed. When a spot audit was conducted Analyst of the Davao Light & Power Company, Inc. another without the latter's consent.
by Arthur Christy Mariano it was discovered that (DLPC), received reports that some private Qualified Theft. — The crime of theft shall be
there was a discrepancy in the proof sheet brought electricians were engaged in the clandestine sale punished by the penalties next higher by two
about by the issuance of a cashier’s check of DLPC materials and supplies. He initiated a degrees than those respectively specified in the
numbered 013702 made payable to Firebrake Sales covert operation and sought the assistance of Sgt. next preceding article, if committed by a domestic
and Services in the amount P36,480.30. In order to Fermin Villasis, Chief, Theft & Robbery Section, servant, or with grave abuse of confidence, or if
facilitate the illegal transaction, San Pedro Patrol Station, DavaoHe also hired one the property stolen is motor vehicle, mail matter
accused-appellant falsified the signature of the Florencio Siton, a welder as undercover agent or large cattle or consists of coconuts taken from
bank manager. under the pseudonym 'Canuto Duran', an the premises of a plantation, fish taken from a
Hence, he was charged of the crime of qualified 'electrician from Kabakan, Cotabato. fishpond or fishery or if property is taken on the
theft through falsification of commercial Canuto Duran struck an acquaintance with one occasion of fire, earthquake, typhoon, volvanic
document. Ricardo Cariaga, who offered to supply 'Canuto eruption, or any other calamity, vehicular accident
On July 19, 1993, the RTC rendered its decision Duran' with electrical materials, saying that he has or civil disturbance.
finding Salonga guilty beyond reasonable doubt of a cousin from whom he can procure the same. His Under Article 308 of the said Code, the elements
Qualified Theft through Falsification of cousin is petitioner Jonathan Cariaga. of the crime of theft are:
Commercial Document. Petitioner Jonathan Cariaga was an employee of 1. that there be taking of personal property;
ISSUE: Whether or not Abelardo Salonga is guilty of DLPC; he was permanently assigned as driver of 2. that said property belongs to another;
the crime of qualified theft through falsification of Truck "S-143" had charge of all the DLPC 3. that the taking be done with intent to gain;
commercial document with the penalty of equipment and supplies kept in his vehicle, 4. that the taking be done without the consent of
reclusion perpetua. including lightning arresters, cut-out and wires, the owner; and
HELD: The Supreme Court affirmed the decision of which were generally used for the installation of 5. that the taking be accomplished without the use
the Court of Appeals. with the modification that transformers and power lines; and specifically of violence against intimidation of persons or force
the penalty is reduced to fourteen (14) years and stored therein for emergency operations at night upon things.
eight (8) months of reclusion temporal as minimum when the stockroom is closed that he had access Theft becomes qualified when any of the following
to twenty (20) years of reclusion temporal as to the electrical supplies of said company; and circumstances is present:
maximum. that with grave abuse of confidence, he stole 1. the theft is committed by a domestic servant;
The crime charged is Qualified Theft through electrical materials belonging to DLPC. 2. the theft is committed with grave abuse of
Falsification of Commercial Document. The The RTC found Jonathan Cariaga guilty of theft, confidence;
information alleged that the accused took qualified by grave abuse of confidence, under 3. the property stolen is a (a) motor vehicle, (b)
P36,480.30 with grave abuse of confidence by Article 310, in relation to Article 309, par. 2, of mail matter or (c) large cattle;
forging the signature of officers authorized to sign the Revised Penal Code, as charged, aggravated by 4. the property stolen consists of coconuts taken
the subject check and had the check deposited in the use of motor vehicle which is not offset by any from the premises plantation;
the account of Firebrake Sales and Services, a mitigating circumstance. On appeal, the Court of 109
fictitious payee without any legitimate transaction Appeals affirmed the decision of the trial court. 5. the property stolen is fish taken from a fishpond
with Metrobank. ISSUE: Whether or not Jonathan Cariaga is guilty of or fishery; and
Theft is qualified if it is committed with grave the crime of qualified theft. 6. the property was taken on the occasion of fire,
abuse of confidence. The fact that accused- HELD: The Supreme Court affirmed the decision of earthquake, typhoon, volcanic eruption, or any
appellant as assistant cashier of Metrobank had the lower court. other calamity, vehicular accident or civil
custody of the aforesaid checks and had access not The SC states that while the mere circumstance disturbance.
only in the preparation but also in the release of that the petitioner is an employee or laborer of The crime perpetuated by appellant against his
Metrobank cashier’s checks suffices to designate DLPC does not suffice to create the relation of employer, the Philippine Commercial and
the crime as qualified theft as he gravely abused confidence and intimacy that the law requires to Industrial Bank (PCIB), is qualified theft. Appellant
the confidence reposed in him by the bank as designate the crime as qualified theft, it has been could not have committed the crime had he not
assistant cashier. Since the value of the check is held that access to the place where the taking been holding the position of Luneta Operation
P38,480.30, the imposable penalty for the felony took place or access to the stolen items changes Officer which gave him not only sole access to the
of theft is prision mayor in its minimum and the complexion of the crime committed to that of bank vault but also control of the access of all
medium periods and one year of each additional qualified theft. Thus, theft by a truck driver who bank employees in that branch, except the Branch
ten thousand pesos in accordance with Article 309, takes the load of his truck belonging to his Manager, to confidential and highly delicate
paragraph 1 of the Revised Penal Code. employer is guilty of qualified theft as was proven computerized security systems designed to
However, under Article 310 of the Revised Penal in this case. safeguard, among others, the integrity of
Code, the crime of qualified theft is punished by 108 telegraphic fund transfers and account names of
the penalties next higher by two (2) degrees than PEOPLE vs. SISON (G.R. No. 123183) bank clients. The management of the PCIB reposed
its trust and confidence in the appellant as its maintains that she owns the property involved Although the earlier quoted paragraph 2(a) and
Luneta Branch Operation Officer, and it was this herein. the immediately quoted paragraph 2(d) of Article
trust and confidence which he exploited to enrich 111 315 have a common element - false pretenses or
himself to the damage and prejudice of PCIB in the However, the issue of ownership over the land in fraudulent acts - the law treats Estafa under
amount of P6,000,000.00. question have been decided in Civil Case No. 3561 paragraph 2(d) by postdating a check or issuing a
110 in favor of the complainant in 1949.Further, as bouncing check differently. Thus, under paragraph
USURPATION OF REAL PROPERTY (ART. 312) established by the commissioner appointed by the 2(d), failure to fund the check despite notice of
QUIANAO vs. PEOPLE (G.R. No. 139603) trial court to look into petitioner's defense, it was dishonor creates
FACTS: On February 2, 1993, at about 9:00 o'clock found out that the area claimed by the accused 113
in the morning, at Sitio Bagacay, Bgy. Petong, encroached the area of the plaintiffs. a prima facie presumption of deceit constituting
Lapinig, Northern Samar, accused Salvador Cases 112 false pretense or fraudulent act, which is not an
and Conchita Quinao, together with their other ESTAFA (ART. 315) element of a violation of paragraph 2(a).
close relatives suddenly appeared and with the use ONG VS. PEOPLE (G.R. No. 165275 Under paragraph 2(d), if there is no proof of notice
of force, violence and intimidation, usurped and FACTS: Petitioner Goretti Ong, had for years been of dishonor, knowledge of insufficiency of funds
took possession of a real property owned by buying jewelry from Gold Asia which is owned and cannot be presumed, and unless there is a priori
Francisco F. del Monte, claiming that the same is operated by the family of Rosa Cabuso (the private intent, no Estafa can be deemed to exist. In the
their inheritance from their ascendants and while complainant). While she normally bought jewelry case of People v. Ojeda.
there, accused immediately gathered coconuts and on cash basis, she was allowed to issue postdated x x x [N]otice of dishonor is required under both
made them into copra. Complainant was forcibly checks to cover the jewelry she bought in par. 2(d) Art. 315 of the R[evised] P[enal] C[ode]
driven out by the accused from their landholding December 1994 up to February 1995, upon her and Sec. 2 of BP 22. While the RPC prescribes that
and was threatened that if he will try to return to assurance that the checks would be funded on the drawer of the check must deposit the amount
the land in question, something will happen to their due dates. When, on maturity, the checks needed to cover his check within three days from
him. Complainant was thus forced to seek were deposited, they were returned with the receipt of notice of dishonor, BP 22, on the other
assistance from the Lapinig Philippine National stamp "Account Closed." hand, requires the maker or drawer to pay the
Police. Hence, petitioner was indicted for Estafa. She was amount of the check within five days from receipt
The trial court rendered judgment finding both likewise indicted for 10 counts of violation of B.P. of notice of dishonor. Under both laws, notice of
accused guilty of the crime of Usurpation of Real 22 before the RTC of Manila, docketed as Criminal dishonor is necessary for prosecution (for estafa
Rights in Property. On 25 September 1997, it was Case Nos. 213645-CR to 213654- CR. and violation of BP 22). Without proof of notice of
learned that accused Cases died on April 9,1995. However, the Information dated August 10, 1995, dishonor, knowledge of insufficiency of funds
The trial court convicted the accused for the crime petitioner was charged before the Regional Trial cannot be presumed and no crime (whether estafa
charged. Petitioner appealed her conviction to the Court (RTC) of Manila for Estafa, without or violation of BP 22) can be deemed to exist.
CA. The appellate court, however, affirmed the specification under what mode in Article 315 of Notice of dishonor being then an element of a
decision of the trial court. the Revised Penal Code the offense was allegedly charge under Article 2(d) under which petitioner
ISSUE: Whether or not the accused is guilty for the committed. was clearly charged, failure to prove it is a ground
crime of the usurpation of real property. The RTC convicted petitioner of Estafa under for acquittal thereunder.
HELD: The Supreme Court affirmed the decision of Article 315, paragraph 2(a) of the Revised Penal In the case at bar, petitioner was charged under
the Court of Appeals finding petitioner Conchita Code. The Court of Appeals affirmed the paragraph 2(d), but there is no evidence that
Quinao and Salvador Cases guilty of the crime of conviction on appeal but modified the penalty and petitioner received notice of dishonor of all,
Usurpation of Real Property. the amount of indemnity. except one (Allied Bank Check No. 7600042 for
Article 312 of Revised Penal Code defines and ISSUE: Whether or not the accused-appellant can P76,654), of the questioned checks. Hence, with
penalizes the crime of usurpation of real property be convicted of the crime of estafa despite the respect to all but one of the checks, the prima
as follows: failure of the prosecution to prove her guilt facie presumption of knowledge of insufficiency of
Art. 312. Occupation of real property or usurpation beyond reasonable doubt. funds did not arise.
of real rights in property. - Any person who, by HELD: The Supreme Court acquitted Goretti Ong, Petitioner's defenses of good faith and lack of
means of violence against or intimidation of of the crime charged for failure of the prosecution criminal intent, defenses to a malum in se like
persons, shall take possession of any real property to establish all the elements of Estafa under Estafa. On notice of the lack of sufficient funds in
or shall usurp any real rights in property belonging Article 315, paragraph 2(d) of the RPC. her bank account, to cover the Allied Bank check,
to another, in addition to the penalty incurred for Section 14(2) of Article III of the Constitution petitioner offered to pay in installment, to which
the acts of violence executed by him shall be grants the accused the right to be informed of the the private complainant agreed, the amount
punished by a fine from P50 to P100 per centum of nature and cause of the accusation. This is to covered by the said check, as well as the others.
the gain which he shall have obtained, but not less enable the accused to adequately prepare for his As reflected above, the prosecution stipulated that
than P75 pesos. defense. An accused cannot thus be convicted of petitioner had made a total payment of P338,250,
If the value of the gain cannot be ascertained, a an offense unless it is clearly charged in the which amount is almost one- third of the total
fine from P200 to P500 pesos shall be imposed. complaint or information. amount of the ten checks or more than the amount
The requisites of usurpation are that the accused From the allegations in an information, the real covered by the P76,654 Allied Bank check.
took possession of another's real property or nature of the crime charged is determined. 114
usurped real rights in another's property; that the In the case at bar, the Information alleged that VELOSO vs. PEOPLE (G.R. No. 149354)
possession or usurpation was committed with petitioner issued the questioned checks knowing FACTS: Shangri-la Finest Chinese Cuisine, at No. 4
violence or intimidation and that the accused had that she had no funds in the bank and failing to Times Street, West Triangle, Quezon City, is a
animo lucrandi. In order to sustain a conviction for fund them despite notice that they were restaurant owned and operated by the Developers
"usurpacion de derecho reales," the proof must dishonored. These allegations clearly constitute a Group of Companies, Inc. Ramon Sy Hunliong
show that the real property occupied or usurped charge, not under paragraph 2(a) as the lower (Ramon) was its president and general manager.
belongs, not to the occupant or usurper, but to courts found but, under paragraph 2(d) of Article Petitioner Roland Veloso, claiming to be a
some third person, and that the possession of the 315 of the Revised Penal Code which is committed consultant of then Congressman Antonio V.
usurper was obtained by means of intimidation or as follows: x x x x Cuenco, was an occasional guest at the restaurant.
violence done to the person ousted of possession (a) 2(d) By postdating a check, or issuing a check Before the May 1995 elections, petitioner and then
of the property. in payment of an obligation when the offender had Congressman Cuenco, while at the said restaurant,
More explicitly, in Castrodes vs. Cubelo, the Court no funds in the bank, or his funds deposited had a conversation with Ramon. This led to a
stated that the elements of the offense are (1) therein were not sufficient to cover the amount of friendly bet between petitioner and Ramon on
occupation of another's real property or usurpation the check. The failure of the drawer of the check whether or not Ferdinand Marcos, Jr. would win as
of a real right belonging to another person; (2) to deposit the amount necessary to cover this a Senator. Ramon assured that Marcos, Jr. is a sure
violence or intimidation should be employed in check within three (3) days from receipt of notice winner, but petitioner claimed otherwise. They
possessing the real property or in usurping the real from the bank and/or the payee or holder that both agreed that the loser will host a dinner for
right, and (3) the accused should be animated by said check has been dishonored for lack or ten (10) persons. After the elections, official
the intent to gain. insufficiency of funds shall be prima facie results showed that Marcos, Jr. lost in his
Thus, in order to absolve herself of any liability for evidence of deceit constituting false pretense or senatorial bid. Hence, petitioner won in the bet.
the crime, petitioner insists that the elements of fraudulent act. On August 22, 1995, Congressman Cuenco’s
the crime are not present in this case. Petitioner x x x x secretary called Eva Anne Nanette Sto. Domingo,
the restaurant’s assistant dining manager, to
reserve a dinner for one table corresponding to ten Bonifacio guilty beyond reasonable doubt of the Floro deposited the aforementioned checks at
persons on behalf of petitioner. Ramon, the loser, crime of estafa under Par. 1 (b), Art. 315 of the Liberty Savings & Loan Association, Meyc[a]uayan,
informed Eva that he would pay for one table, his Revised Penal Code. On appeal, the appellate Bulacan. Upon presentment for encashment by
commitment to petitioner. court affirmed the RTC decision but modified the said depositary bank with the different drawee
However, when petitioner arrived at the penalty: banks on their respective maturity dates, the six
restaurant on August 23, 1995, he asked that four ISSUE: Whether or not the element of (6) Prudential Bank checks were all dishonored for
(4) additional tables be set, promising he would misappropriation or conversion was proved to having been drawn against closed accounts. With
pay for the same. Hence, Eva had four additional convict petitioner for the crime of estafa under her pieces of jewelry still unpaid, Floro, through
tables prepared in addition to the one under article 315 (1)(b), RPC. counsel, made formal demands requiring Requerdo
Ramon’s account. The Sales Invoice for the HELD: The Supreme Court affirmed the decision of to pay the amounts represented by the dishonored
additional four tables amounted to P11,391.00. the Court of Appeals. checks (Record, supra, pp. 123, 138, and 151).
When the Sales Invoice was presented to The essence of estafa under Article 315 (1)(b), RPC Floro’s efforts to obtain payment, though, only
petitioner, he refused to pay, explaining he was a is the appropriation or conversion of money or proved futile as Requerdo continuously refused to
guest of Ramon. Due to petitioner’s stubborn property received, to the prejudice of the owner. pay the value of the purchased pieces of jewelry.
refusal to pay, Eva asked him where she should The words ―convert‖ and ―misappropriate‖ The trial court found the petitioner Recuerdo
send the bill. Petitioner instructed her to send it connote an act of using or disposing of another’s guilty of two (2) counts of estafa, defined and
to Congressman Cuenco’s office as he was always property as if it were one’s own, or of devoting it penalized under Article 315, par. 2[b] (sic) of the
present there. It turned out, however, that he was to a purpose or use different from that agreed Revised Penal Code. On appeal, , the CA rendered
no longer reporting at that office. Hence, the bill upon. judgment affirming with modification the decision
was sent to his address at 63 Benefit Street, GSIS In an agency for the sale of jewelry, it is the of the RTC as to the penalty meted on the
Village, Quezon City, but still, he refused to agent’s duty to return the jewelry on demand of appellant
pay.The lawyer for the restaurant sent a demand the owner. The demand for the return of the thing HELD: The Supreme Court affirmed the decision of
letter to petitioner, but to no avail. delivered in trust and the failure of the the Court of Appeals. Estafa through false
Consequently, petitioner was charged with estafa accused-agent to account for it are circumstantial pretense or fraudulent act under Paragraph 2(d) of
before the Metropolitan Trial Court (MeTC), evidence of misappropriation. Article 315 of the Revised Penal Code, as amended
Branch 31, Quezon City. Here, petitioner admitted that she received the by Republic Act No. 4885, is committed as follows:
After trial on the merits, the MeTC rendered a pieces of jewelry on commission. She likewise By postdating a check, or issuing a check in
decision finding petitioner guilty of the crime admitted that she failed to return the items or payment of an obligation when the offender had
charged. The said decision was affirmed by the their value on Santos’ demand. On the other hand, no funds in the bank, or his funds deposited
Regional Trial Court and the Court of Appeals. the testimony of her lone witness, Lilia Pascual, therein were not sufficient to cover the amount of
ISSUE: Whether the Court of Appeals erred in failed to rebut the prosecution’s evidence that she the check. The failure of the drawer of the check
affirming the RTC Decision finding petitioner guilty misappropriated the items or their corresponding to deposit the amount necessary to cover his check
of estafa under Article 315 (2)(e) of the Revised value. She also never appeared in the trial court to within three (3) days from receipt of notice from
Penal Code. refute the charge against her. Hence, the trial and the bank and/or the payee or holder that said
HELD: The Supreme Court affirmed the decision of appellate courts’ conclusion of guilt by check has been dishonored for lack or insufficiency
the Court of Appeals finding petitioner Roland V. misappropriation was a logical consequence of the of funds shall be prima facie evidence of deceit
Veloso guilty beyond reasonable doubt of the established facts. constituting false pretense or fraudulent act.
crime of estafa. The Court found that petitioner 116 The essential elements of the felony are: (1) a
and his guests, occupying four tables, ate the food RECUERDO VS. PEOPLE G.R. No. 168217 check is postdated or issued in payment of an
he ordered. When asked to pay, he refused and FACTS: Private respondent Yolanda Floro is obligation contracted at the time it is issued; (2)
insisted he was a mere guest of Ramon. It bears engaged in the business of buying and selling of lack or insufficiency of funds to cover the check;
emphasis that the understanding between jewelry. She regularly conducts business at her and (3) damage to the payee thereof. It is criminal
petitioner and Ramon was that the latter would residence located in Poblacion, Meycauayan, fraud or deceit in the issuance of a check which is
pay for only one table. Further, it agreed with the Bulacan. Petitioner Joy Lee Recuerdo, is a dentist made punishable under the Revised Penal Code,
Solicitor General’s brief that petitioner employed by profession, who was introduced to Floro by the and not the non-payment of a debt. Deceit is the
fraud in ordering four additional tables, partaking latter’s cousin Aimee Aoro. Recuerdo became her false representation of a matter of fact whether
of the food ordered and then illegally refusing to customer. Sometime in the second week of by words or conduct by false or misleading
pay, which makes him liable for estafa under December 1993, at around 7:30 in the evening, allegations or by concealment of that which should
Article 315 (2)(e) of the Revised Penal Code. Recuerdo went to the house of Floro and have been disclosed
115 purchased from her two pieces of jewelry, to wit: 117
BONIFACIO VS. PEOPLE (G.R. No. 153198) a 2.19 carat diamond round stone in white gold which deceives or is intended to deceive another
FACTS: On March 21, 1996, petitioner Crisanta setting worth P220,000.00 pesos, and one piece of so that he shall act upon it to his legal injury.
Bonifacio received several pieces of jewelry from loose 1.55 karat marquez diamond with a value of Concealment which the law denotes as fraudulent
private complainant Ofelia Santos, who is a P130,000.00 pesos. implies a purpose or design to hide facts which the
businesswoman and a buy-and-sell agent of For the 2.19 carat diamond stone, accused issued other party ought to have. The postdating or
jewelry. Bonifacio signed a document and delivered to the complainant then and there issuing of a check in payment of an obligation
acknowledging receipt of the jewelry and agreeing ten post-dated checks each in the amount of when the offender had no funds in the bank or his
to sell these items on commission basis. She also P22,000.00 drawn against Unitrust Development funds deposited therein are not sufficient to cover
promised to remit the proceeds of the sale or Bank, Makati Commercial Center Branch. Only six the amount of the check is a false pretense or a
return the unsold items to Santos within 15 days. (6) postdated checks, are subject of Criminal Case. fraudulent act.
Petitioner failed to turn over the proceeds of the For the 1.55 carat marquez loose diamond, There is no false pretense or fraudulent act if a
sale within the given period. She, however, accused issued and delivered to complainant then postdated check is issued in payment of a
returned some of the unsold items at a later date. and there ten (10) postdated checks, each in the pre-existing obligation.
The value of the pieces unaccounted for amounted amount of P13,000.00 drawn against PCI Bank, Estafa is a felony committed by dolo (with malice).
toP154,000. Makati, Dela Rosa Branch. Six of those checks are For one to be criminally liable for estafa under
On March 28 and April 3, 1996, petitioner asked subject of Criminal Case. paragraph (2)(d) of Article 315 of the Revised
Santos for new sets of jewelry to sell under the In another transaction that transpired on February Penal Code, malice and specific intent to defraud
same terms and conditions. In both transaction, 7, 1994, Recuerdo once again bought another set are required.
petitioner failed to account. Santos sent a letter of jewelry, this time a pair of diamond earrings There can be no estafa if the accused acted in
to the petitioner demanding from the latter the worth P768,000.00 pesos. She was given seven (7) good faith because good faith negates malice and
payment of the total amount of P244,500. postdated checks one for P168,000.00 as deceit.
Petitioner gave her two checks amounting to downpayment and another six (6) postdated In the present case, petitioner’s defense of good
P30,000 as partial payment. However, the checks, checks drawn against Prudential Bank, Legaspi faith is belied by the evidence of the prosecution
bounced for being drawn against insufficient funds Village, Makati Branch, each for P100,000.00 and her own evidence. Petitioner never offered to
and being drawn against a closed account, representing the balance in the aggregate amount pay the amounts of the checks after she was
respectively. Petitioner was thereafter charged of P600,000.00 pesos (Checks Nos. 100783, 01184, informed by the private complainant that they had
with the crime of estafa under Article 315 (1)(b) of 01185, 011786, 011787 and 011788, Record, been dishonored by the drawee banks, the private
the Revised Penal Code (RPC). The trial court Criminal Case No. 2750-M-94, pp. 138-150) subject complainant thus charged her with estafa before
rendered a decision, finding accused Crisanta matter of Crim. Case No. 2751-M-94. the RTC.
Moreover, estafa is a public offense which must be bounced, she failed to give an adequate Planters Bank (UCPB), Naga Branch, with the L-300
prosecuted and punished by the State on its own explanation why Potenciana’s account was closed. Versa Van as collateral. Azotea offered to make
motion even though complete reparation had been Citing the case of Echaus v. Court of Appeals, the the necessary arrangements with the UCPB for the
made for the loss or damage suffered by the Court ruled that "the fact that the postdated consummation of the loan transaction. The couple
offended party. The consent of the private checks...were not covered by sufficient funds, agreed. On November 10, 1995, the spouses
complainant to petitioner’s payment of her civil when they fell due, in the absence of any executed a Promissory Note for the amount of
liability pendente lite does not entitle the latter explanation or justification by petitioner, satisfied P692, 676.00 as payment of the balance on the
to an acquittal. Subsequent payments does not the element of deceit in the crime of estafa, as purchase price, and as evidence of the chattel
obliterate the criminal liability already incurred. defined in paragraph 2 of Article 315 of the mortgage over the van in favor of UCPB.
Criminal liability for estafa is not affected by a Revised Penal Code." 120
compromise between petitioner and the private 119 ISSUE: Whether or not Guinhawa violated
complainant on the former’s civil liability. OTHER DECEITS (ART. 318) paragraph 1, Art. 318 of the RPC, or the crime of
118 CHUA vs. PEOPLE other deceits?
RAMOS-ANDAN vs. PEOPLE G.R. No. 136388 Facts: On November 25, 1982, petitioner Anita HELD: Yes. The false or fraudulent representation
FACTS: On February 4, 1991,petitioner, Anicia Chua issued to Araceli Estigoy, complainant, by a seller that what he offers for sale is brand
Ramos-Andan, and Potenciana Nieto approached fivepostdated checks drawn against Pacific Bank in new is one of those deceitful acts envisaged in
Elizabeth E. Calderon and offered to buy the payment of imported items. Petitioner wentagain paragraph 1, Art. 318 of the RPC. This provision
latter’s 18-carat heart-shaped diamond ring. to Estigoy’s house to purchase some imported includes any kind of conceivable deceit other than
Elizabeth agreed to sell her ring. In turn, items and issued eight postdated checksdrawn those enumerated in Arts. 315 to 317 of the RPC.
Potenciana tendered her three (3) postdated against the same bank. On their due dates, It is intended as the catchall provision for that
checks complainant deposited the checks but thesame purpose with its broad scope and intendment. It is
Since the three checks were all payable to cash, were dishonored. She then notified the petitioner evident that such false statement or fraudulent
Elizabeth required petitioner to endorse them, the and demanded payment, to which thepetitioner representation constituted the very cause or the
latter complied. When Elizabeth deposited the failed to redeem or pay the amounts of the only motive for the spouses to part with their
checks upon maturity with the drawee bank, they checks.Appellant admitted using the checks but property.
bounced for the reason "Account Closed." She then interposed the defense that she issued the checks 121
sent Potenciana a demand letter to pay, but she ascollateral and by way of accommodation of the ARSON (ART. 320/ P.D. 1613)
refused. complainant who requested for the checks. PEOPLE V. MALNGAN (GR. NO. 170470)
The Provincial Prosecutor filed the corresponding Issue: Whether issuance of unfunded checks as FACTS:On January 2, 2001, Edna, one hired as a
Information for Estafa with the Regional Trial collateral or security for the goods does not housemaid by Roberto Separa Sr. was accused of
Court (RTC), Branch 8, Malolos, Bulacan. constituteestafa under Art 315 (2)(d) of the setting fire the house of his employer resulted in
Subsequently, petitioner was arrested but Revised Penal Code (RPC). the destruction of his employer’s house and the
Potenciana has remained at large. Held: All the elements of estafa are present in the death of six persons including his employer
During the hearing, petitioner denied buying a case. Petitioner’s defense is not worthy of Roberto Separa Sr., some seven adjoining
diamond ring from Elizabeth, maintaining that she credence.Trial court correctly found and affirmed residential houses, were also razed by fire.
signed the receipt and the checks merely as a by CA clearly showed that they were intended She was apprehended by the Barangay Chairman
witness to the transaction between Elizabeth and aspayments for the items she obtained from and was brought to the Barangay Hall. She was
Potenciana. Thus, she could not be held liable for complainant. Complainant would not have parted then identified by a neighbor, whose house was
the bounced checks she did not issue. withhis goods in exchange of bum checks. It is also burned, as the housemaid of the Separas and
After hearing, the trial court rendered a decision likewise contrary to ordinary human experience upon inspection, a disposable lighter was found
finding petitioner guilty as charged. The trial court andto sound business practice for petitioner to inside accused-appellant’s bag. Thereafter,
held that while it was Potenciana who issued the issue so many unfunded checks as ―collateral‖ or accused-appellant confessed to the Barangay
checks, nonetheless, it was petitioner who induced ―byway of accommodation‖. As an experienced Chairman.
Elizabeth to accept them and who endorsed the businesswoman, petitioner could not have been On January 9, 2001, an information was filed
same. sonaïve as not to know that she could be held before the RTC of Manila, charging the accused-
On appeal, the Court of Appeals rendered a criminally liable for issuing unfunded checks. appellant with the crime of Arson with multiple
decision affirming with modification as to the TheSupreme Court denied the petition for lack of homicide. The RTC as well as the Court of Appeals
penalty. merit. finds the accused guilty beyond reasonable doubt
ISSUE: Whether the prosecution has proved GUINHAWA V PEOPLE (GR 162822) of the crime of Arson with multiple homicide.
petitioner’s guilt beyond reasonable doubt; and FACTS: Jaime Guinhawa was engaged in the ISSUE: Whether or not Edna Malngan was guilty of
HELD: The Supreme Court affirmed the decision of business of selling brand new motor vehicles, the crime of destructive arson or simple arson?
the Court of Appeals. In the present case, while including Mitsubishi vans, under the business name HELD: The crime committed by the
Potenciana, who remains at large, was the drawer of Guinrox Motor Sales. On March 17, 1995, accused-appellant is Simple Arson and not Arson
of the checks, however, it was petitioner who Guinhawa purchased a brand new Mitsubishi L-300 with Multiple Homicide. The Supreme Court ruled
directly and personally negotiated the same. It Versa Van with Motor No. 4D56A- C8929 and Serial that there is no complex crime of Arson with
was she who signed the receipt evidencing the No. L069WQZJL-07970 from the Union Motors Multiple Homicide. There are two laws that govern
sale. It was she who handed the checks to Corporation (UMC) in Paco, Manila. The van bore the crime of arson where death results therefrom –
Elizabeth and endorsed them as payment for the Plate No. DLK 406. Guinhawa’s driver, Leopoldo Article 320 of the Revised Penal Code and Section
ring. It is thus clear that petitioner and Potenciana Olayan, drove the van from Manila to Naga City. 5 of Presidential Decree 1613, quoted hereunder,
acted in concert for the purpose of inducing and However, while the van was traveling along the to wit:
defrauding Elizabeth to part with her jewelry. The highway in Labo, Daet, Camarines Norte, Olayan Revised Penal Code
elements of the offense as defined and penalized suffered a heart attack. The van went out of Art. 320. Destructive Arson – xxxx If as a
by Article 315, paragraph 2(d) of the Revised Penal control, traversed the highway onto the opposite consequence of the commission of any of the acts
Code, as amended, are: (1) postdating or issuance lane, and was ditched into the canal parallel to penalized under this Article, death results, the
of a check in payment of an obligation contracted the highway. mandatory penalty of death shall be imposed.
at the time the check was issued; (2) lack of or Sometime in October 1995, the spouses Ralph and Presidential Decree No. 1613
insufficiency of funds to cover the check; and (3) Josephine Silo wanted to buy a new van for their Sec. 5. Where Death Results from Arson – if by
the payee was not informed by the offender and garment business. They went to Guinhawa’s office, reason of or on the occasion of the arson death
the payee did not know that the offender had no and were shown the L-300 Versa Van which was on results, the penalty of reclusion perpetua to death
funds or insufficient funds. display. The couple inspected its interior portion shall be imposed.
All these elements are present in this case. The and found it beautiful. They no longer inspected Both laws provide only one penalty for the
prosecution proved that the checks were issued in the under chassis since they presumed that the commission of arson, whether considered
payment of a simultaneous obligation. The checks vehicle was brand new. Unaware that the van had destructive or otherwise, where death results
bounced when Elizabeth deposited them for the been damaged and repaired on account of the therefrom. The reason is that arson is itself the
reason "Account Closed." There is no showing accident in Daet, the couple decided to purchase end and death is simply the consequence.
whatsoever that before petitioner handed and the van for P591, 000.00. Azotea suggested that The case falls under simple arson since from a
endorsed the checks to Elizabeth, she took steps the couple make a down payment ofP118, 200.00, reading of the body of the information it can be
to ascertain that Potenciana has sufficient funds in and pay the balance of the purchase price by seen that it states that ―the accused, with intent
her account. Upon being informed that the checks instalments via a loan from the United Coconut to cause damage, xxx deliberately set fire upon
the two-storey residential house, xxx that by throwing of chair inside the house of complainant. reconsideration. Thus, the petitioner filed an
reason and on the occasion of the said fire, xxx When she peeped through her kitchen door, she instant petition forreview.
which were the direct cause of their death xxx.” It saw appellant inside complainant’s house, which ISSUE: Whether the pendency of the petition for
is clear that her intent was merely to destroy her was unoccupied at that time. Thereafter, the declaration of nullity of marriage bas ed
employer’s house through the use of fire. appellant poured kerosene on the bed (papag) and onpsychological incapacity under Article 36 of the
When fire is used with the intent to kill a lighted it with cigarette lighter. The fire was easily Civil Code is a prejudicial question that should
particular person who may be in a house and that put off by appellant’s wife who arrived at the merit the suspension of criminal case for
objective is attained by burning the house, the place. concubinage.
crime is murder only. When the Penal Code ISSUE: Whether or not the accused is guilty of HELD:
declares that killing committed by means of fire is arson. The pendency of the case for declaration of nullify
murder, it intends that fire should be purposely HELD: In this case, we find the trial court correctly of petitioner’s marriage is not a
adopted as a means to that end. There can be no held that the following circumstances taken prejudicialquestion to the concubinage case. For a
murder without a design to take life. In other together constitute an unbroken chain of events civil case to be considered prejudicial to a
words, if the main object of the offender is to kill pointing to one fair and logical conclusion, that criminalaction, it must appear not only that the
by means of fire, the offense is murder. But if the accused started the fire which gutted the house of said civil case involves the same facts upon which
main objective is the burning of the building, the private complainant. thecriminal prosecution would be based, but also
resulting homicide may be absorbed by the crime 123 that in the resolution of the issue raised in
of arson. The latter being the applicable one in Although there is no direct evidence linking theaforesaid civil action, the guilt or innocence of
this case. appellant to the arson, we agree with the trial the accused would necessarily be determined.The
court in holding him guilty thereof in the light of subsequent pronouncement that his marriage is
PEOPLE V. OLIVIA (GR. NO. 170470) the following circumstances duly proved and on void does not acquit him from the crime of
FACTS: On August 23, 1993, at around eleven record: concubinage. He who cohabits with a woman other
o'clock in the evening, Avelino and his family First, appellant had the motive to commit the than his wife before the judicial declarationof
weresleeping in their house. Avelino went out to arson. It is not absolutely necessary, and it is nullity of marriage assumes the risk of being
urinate. He saw the accused- appellant set roof of frequently impossible for the prosecution to prove prosecuted for concubinage
their house on fire with a lighted match. One of the motive of the accused for the commission of VERA-NERI VS PEOPLE (GR. NO. 96602)
the neighbors, Benjamin, went to the nearbyriver the crime charged, nevertheless in a case of arson FACTS: On November 2, 1982, accused, Mrs. Ruby
and fetched water with a pail. As Benjamin was like the present, the existence or non-existence of Vera Neri in the company of Mrs. Linda Sare and
helping put out the fire, he was shot by a sufficient motive is a fact affecting the witness Jabunan, took the morning plane to
theaccused. The gunshot wound caused Benjamin's credibility of the witnesses. Appellant had every Baguio. Arriving at around 11:00 a.m.,
death. Information for arson and for murderwas reason to feel aggrieved about the incident and to theydropped first at the house of Mrs. Vera,
filed separately against the accused and the other retaliate in kind against Montesclaros and his mother of Ruby Vera at Crystal Cave, Baguio City
three co-accused. grandmother. thenproceeded to the Mines View Park
ISSUE: Whether or not the accused is guilty of Second, appellant’s intent to commit the arson Condominium of the Neri spouses. At around 7:00
arson. was established by his previous attempt to set on o’ clock © evening, accused Eduardo Arroyo
HELD: Whether the victim was shot while he was fire a bed ("papag") inside the same house (private arrived at the Neris’ condominium. Witness
on the street or when he was pouring water on complainant’s) which was burned later in the opened thedoor for Arroyo who entered, he went
theburning roof is irrelevant to the crime. The two night. Prosecution witness Mona Aquino testified down to and knocked at the master’s bedroom
witnesses on that aspect are not that at around 5:00 in the afternoon of the same whereaccused Ruby Vera Neri and her companion
necessarilyinconsistent. The Court agrees with the day, she saw appellant carrying a gas stove and Linda Sare were. On accused Ruby Vera
solicitor general that Benjamin could have been on knife. When she asked him what he was going to Neri’srequest, Linda Sare left the master’s
thestreet while pouring water on the burning roof. do with the stove, he answered that he was going bedroom and went upstairs to the sala leaving the
There is no need to prove that the accused to burn the house of private complainant. twoaccused. About forty-five minutes later, Arroyo
hadactual knowledge that the was burned is Third, appellant was not only present at the locus Jr. came up and told Linda Sare that she
inhabited. There was treachery where the victim, criminis before the incident, he was seen inside couldalready come down. Three of them,
whilehe was merely acting as good neighbor, the yard of the burning house during the height of thereafter, went up to the sala then left the
innocently helping out the fire, when shot, the fire. At around 1:00 in the morning of February condominium.(Court of Appeals Decision.)
unaware of the fatal attack on him. 28, 1996, prosecution witness Lina Videña was ISSUE: Whether Dr. Neri’s alleged extra-marital
PEOPLE V. ACOSTA (GR. NO. 126351) awakened by the barking of their dog, so she went affair precludes him from filing the criminal
FACTS: Appellant Raul Acosta y Laygo was a to the back of their house to investigate. complainton the ground of pari delicto
38-year old mason, married, and a resident of Fourth, appellant’s actions subsequent to the HELD: Deliberating on the Motion for
Barrio Makatipo, Kalookan City, at the time of the incident further point to his culpability. At around Reconsideration in G.R. No. 96602, the Court belie
offense charged. He used to be a good friend of 12:00 noon of the same day, private complainant ves thatpetitioner Arroyo has failed to show any
Almanzor "Elmer" Montesclaros, the grandson of went with prosecution witness Lina Videña to the ground that would warrant the Court reversing
private complainant, Filomena M. Marigomen. On place of Kagawad Tecson. They were about to itsResolution dated 24 April 1991; and on the
February 27, 1996, a few hours before the fire, leave when appellant arrived. Private complainant Petition for Review docketed as G.R. No. 96715,
Montesclaros, in the belief that appellant and his asked him why he burned her house and appellant the Court considers that petitioner Ruby Vera Neri
wife were the ones hiding his live-in partner from answered, "So what if I burned your house?" Then has failed to show reversible
him, stormed the house of appellant and burned appellant stared meanly at private complainant, 125
their clothes, furniture, and appliances. who got nervous and had to take medications. The error on the part of the Court of Appeals in issuing
Montesclaros lived in the house owned by said following day, appellant threatened prosecution its Decision dated 21 May 1990 and its Resolution,
complainant and located at Banahaw St., Mountain witness Mona Aquino, saying that if she would dated 18December 1990. Petitioner Arroyo did not
Heights Subdivision, Barrio Makatipo, Kalookan testify against him, he would also burn her house. convince this Court in G.R. No. 96602 to dismiss
City. It was this house allegedly set on fire by 124 the criminal case on the basis of Dr. Neri’s
appellant. ADULTERY/ CONCUBINAGE (ART. 333. 334) pardon.ACCORDINGLY, the Motion for
At about 4:00 to 5:00 o’clock in the afternoon of BELTRAN V PEOPLE (GR. NO. 137567) Reconsideration in G.R. No. 96602 is hereby
February 27, 1996, the nephew of prosecution FACTS: Petioner and wife Charmaine Felix were DENIED for lack of merit and this denial is FINAL.
witness Mona Aquino called the latter, married on June 16, 1973. On February 7, 1997, The Petition for Review in G.R. No. 96715 is
simultaneously shouting that appellant Raul after twenty- four years of marriage petitioner hereby similarlyDENIED for lack of merit. Costs
Acosta, their neighbor, was carrying a stove and a filed for nullify of marriage on the ground of against petitioners.
kitchen knife. She went out of her house and psychological incapacity. In the answer of ACTS OF LASCIVIOUSNESS (ART. 336)
approached appellant who, when asked why he Charmaine, he alleged that petitioner abandoned PEOPLE V MONTERON (GR. NO. 130709)
was carrying a stove and a knife, replied that he theconjugal home and lived with a certain woman. FACTS:
would burn the house of complainant Filomena M. She filed a criminal complaint for On March 7, 1996, at 12:10 p.m., fifteen year-old
Marigomen. concubinage.Petitioner argued that the pendency Mary Ann Martenez was walking home fromWangan
Owing to the fearsome answer of appellant to of the civil case for declaration of nullity of his National Agricultural School, Davao City. While she
witness Aquino’s query, she returned immediately marriageposed a prejudicial question to the was walking on a secluded portionof the road,
to her house. A few minutes after closing the door, determination of the criminal case. The RTC Mary Ann was hit on the head by a slingshot. She
she heard the sound of broken bottles and the denied hismotion as well as his motion for turned to see where the stonecame from; she was
hit again on the mouth. She fell down unconscious. was unemployed, was left in their house with the pain in her anus and something sticky ―like
When Mary Ann cameto, she found herself lying on children.[7] paste‖ flowed out from his penis. Her vagina
the grass naked. Accused-appellant was lying on Under this setup, the abuses against Myra ached from Jessie’s earlier attempt to defile her.
top of her, alsonaked. She struggled but continued. One morning in March 1993, while Myra She saw Jessie close his eyes as though he was
accused-appellant, who was stronger, restrained was taking a bath, accused-appellant entered the enjoying himself.
her. He placed hispenis on top of her vagina, bathroom, removed his shorts, then started On 5 June 1993 Julie and Reggie went to the
which caused her to feel pain. She frantically embracing and kissing her. Myra, who was only in Marikina public market, again leaving Messeah and
grabbed his erect penis and pushed it away from her undergarments, tried to push him away, but Metheor alone with Jessie. Messeah was resting on
her. was unsuccessful. Accused-appellant, while seated the sofa while Metheor was in the garage when
ISSUE: on the toilet bowl, made Myra straddle him as he Jessie grabbed Messeah and dragged her upstairs.
Whether accused is guilty of consummated rape. did the sexual act.[8] She screamed and Jessie tried to cover her mouth.
HELD: The fourth rape incident took place in the evening She was crying as Jessie told her to take off her
Time-tested is the rule that between the positive of April 1993, after Myra and her two younger shorts and panties, took off his shorts, pressed her
assertions of prosecution witnesses and the siblings had gone to bed. Their mother had not yet legs apart with his two (2) legs, and rubbed his
negative averments of the accused, the former arrived from work. Myra was awakened as penis against her thighs, until it touched her
undisputedly deserves more creden ce andentitled accused-appellant was undressing her. She vagina. She told him to stop because she was
to greater evidentiary weight. In the case at bar, instinctively kicked him, but she was warned not hurting but he did not heed her plea. The intimate
Mary Ann Martenez positively to make any noise. Accused-appellant then started encounter went on for some ten (10) to fifteen
identifiedaccused-appellant as her molester. Mary kissing her and pinned down her left leg with his (15) minutes.
Ann’s testimony pointing to accused- appellant as feet while undressing. He then proceeded with the The third molestation happened on 7 July 1993.
theauthor of th crime is corroborated by her sexual intercourse with Myra who was crying while Again, only Metheor, Jessie and Messeah were at
cousin Arnel Arat. Accused-appellant has her father violated her. [9] home. Metheor was upstairs sleeping while
commencedthe commission of the rape directly by The fifth rape took place in November 1995. Messeah was resting on the sofa when Jessie
overt acts, i.e., that of undressing himself and the During the wake for her grandfather, while Myra suddenly entered the living room armed with a
victimand lying on top of her, but he did not was serving coffee to those who came to condole knife. Messeah called for her older brother twice,
perform all the acts of execution which should with the family, she was told by accused- but Reggie had already gone out. She only stopped
producethe felony by reason of some cause or appellant to go home. A short while after when Jessie pointed the knife at her and
accident other than his own spontaneous complainant arrived, her father followed. They threatened to stab her if she shouted again. He
desistance. © case at bar, it was Mary Ann’s were the only ones in the house. She was then told then forced her to walk backwards to the kitchen
violent resistance which prevented the insertion of to prepare the beddings and, while she was doing where he told her again to remove her shorts and
accused-appellant’s penis in her vagina. The so, accused-appellant embraced and started panties. She resisted but Jessie insisted and even
foregoing conclusion is supported by the medical kissing her. She resisted but was told to keep tried twice to stab her if she did not comply. He
findings of Dr. Danilo P. Ledesma that Mary Ann’s quiet. Although accused-appellant was only able to used one of his hands to remove his shorts and
hymen was intact and had no laceration. lower her pants and underwear down to her knees, briefs. He forced Messeah to sit on a steel chair
126 he succeeded in abusing her. and told her to spread her legs. She sat with her
PEOPLE vs. GIANAN (135288-93) 127 legs closed together but he got mad and
FACTS: ISSUE: Whether accused-appellant is guilty of threatened to stab her if she did not open her
The first incident of rape happened sometime in multiple rape and that the information against him legs. She reluctantly opened her legs slightly and
December 1992, at around 9 o’clock in the is void. Jessie spread them wider with his free hand as the
evening, Myra (then eleven years old) asked HELD: The evidence shows that accused-appellant other hand was holding the knife. Jessie then told
permission forom his father if she could go to was able to consummate each of the rapes through Messeah to sit at the edge of the steel chair, like
hebut told Myra to stay and give him a massage. force and intimidation. Myra testified that her before. He stood with one hand holding on to her
Myra obeyed her father. Afterwards, she again father threatened to kill her and the other shoulder, the other holding the knife, and stood
asked permission to go to their neighbor’s house members of their family if she revealed the sexual straddling her legs. He then inserted his penis
and was already at the door when attacks to anyone. The threats cannot be between her thighs and used his legs to press her
accused-appellant pulled her and started kissing minimized considering the moral influence of thighs together (apart?). Then he rubbed his penis
her. Startled, she resisted by pushing and hitting accused-appellant over her. Indeed, we have against her thighs for some three (3) to five (5)
her father, but she was warned to keep quiet or consistently ruled that in cases of incestuous minutes until it touched her vagina.
else she would be killed. She was made to lie down rapes, the father’s moral ascendancy over the 128
by accused-appellant who then took off her victim substitutes for violence and intimidation. Jessie again took advantage of the situation on 17
clothes. He also undressed and proceeded to have This especially holds true in the case of Filipino October 1993 when everybody in the Dumaoal
sexual intercourse with her. After children who are traditionally raised to obey and household, except for the two (2) youngest
accused-appellant was through, he got up, dressed to respect their elders. children, were away from home. As Messeah was
and then left. For fear that her father would make With regard to the incident in December 1992 changing her clothes after coming from the party,
good his threats, Myra kept to herself what during which accused-appellant kissed complainant Jessie again entered her room, told her to remove
happened. in various parts of her body in the bathroom where her panty, and inserted his smallest finger
A few days later, while Myra was taking a bath in she was taking a bath, the crime committed was (kalingkingan) into her vagina while telling her to
their house in Tondo, accused-appellant entered acts of lasciviousness. The elements of the crime keep silent. He then removed his pants and briefs
the bathroom and started kissing her on the lips, are: (1) that the offender commits any act of and went on top of her. This time, he was not able
neck and genitalia. Because she resisted and lasciviousness or lewdness; (2) that it is done (a) to touch her vagina with his penis because Messeah
pushed him away, accused-appellant left. by using force or intimidation or (b) when the cried and screamed and called for Metheor who
Still, in the same month of December 1992, Myra offended party is deprived of reason or otherwise again went up and told Jessie, ―Get away from my
was again molested by accused- appellant. She unconscious, or (c) when the offended party is sister.‖ Jessie stopped but threatened to throw
was cleaning the room of their house and her under 12 years of age; and (3) that the offended the children to the sharks if they told their parents
father was the only other person in the house. party is another person of either sex. Although the what happened.
Accused-appellant suddenly seized her and started information filed was for multiple rape, accused- ISSUE: Whether or not the accused is guilty of
kissing her. As before, her father succeeded in appellant can be convicted of acts of multiple rape
undressing her despite her resistance and lasciviousness because the crime of acts of HELD: The trial court was correct in finding
eventually consummated the sexual act. Like the lasciviousness is included in rape. accused-appellant guilty of three (3) counts of acts
first incident, she did not mention this incident to PEOPLE V COLLADO (GR. NO. 135667-70) of lasciviousness. The SC took however to its
her mother for fear that accused-appellant would FACTS: The first of four (4) unfortunate occasions finding that statutory rape was committed by him
carry out his earlier threats. was on 27 April 1993 when Julie and her oldest son on 5 June 1993. A thorough evaluation of the
Shortly afterwards, the Gianan’s house was Reggie went to Cubao. Messeah was resting in her records will show that accused-appellant should
destroyed by fire, as a result of which the family bedroom upstairs when Jessie suddenly barged only be convicted for acts of lasciviousness and not
moved to Barangay Pag-asa in Dasmariñas, Cavite. into her room. Jessie then parted her legs and tied for consummated rape.
Myra’s mother was able to land a job as them apart, pulling down her garterized shorts and The SC held that absent any showing of the
bookkeeper at the Santos Pension House where she panties until her ankles. He tried forcing his penis slightest penetration of the female organ, i.e.
was required to work from 7:30 in the morning to into her vagina, but when he failed in his attempt, touching of either the labia of the pudendum by
9 o’clock in the evening. Accused-appellant, who he inserted it into her anus instead. Messeah felt the penis, there can be no consummated rape; at
most, it can only be attempted rape, if not acts of the questions put to her. She answered ―yes‖ and shouted for help, accused-appellant boxed and hit
lasciviousness. ―no‖ to questions and, when unable to articulate her stomach to unconsciousness and there, against
The SC found accused guilty of 4 counts of acts of what was done to her by petitioner, Andrea complainant’s will and consent, had carnal
lasciviousness, aggravated by obvious demonstrated what she meant. During her knowledge with her. The complainant noticed
ungratefulness. Applying the Indeterminate interrogation, she showed an understanding of upon regaining consciousness that she was already
Sentence Law, accused-appellant was sentenced what was being asked. She was consistent in her raped, and the accused threatened her of death if
to an indeterminate prison term of four (4) months answers to the questions asked by the prosecutor, she would reveal the incident to her mother or to
and twenty (20) days of arresto mayor maximum as the defense counsel, and even by the judge. anybody else. This incident happened again
minimum, to four (4) years six (6) months and ten PEOPLE vs. PEREZ (G.R. No. 141647-51) sometime in November and December 1994, which
(10) days of prision correccional maximum as Facts: Jobelyn Ramos, then eleven (11) years old, resulted to the complainant’s pregnancy.
maximum, in each count of Acts of Lasciviousness. was with her four younger siblings sleeping in the Accused-appellant denied the charges against him
Accused- appellant was further directed to pay the sala of their house. The accused, said to be an alleging that the same were engineered by his
private complainant P30,000.00 as civil indemnity, uncle of Jobelyn, entered the house, approached mother-in-law, who despises him for being a
P40,000.00 for moral damages, P20,000.00 for Jobelyn and unceremoniously pulled down her drunkard. He further declared that Julia is an
exemplary damages, in each of the four (4) counts shorts and underwear. Followingly, the accused errant daughter, who after reaching the age of 14,
of Acts of Lasciviousness, and to pay the costs. removed his shorts, pinned the girl down and started attending dances and acquired several
DULLA V. COURT OF APPEALS (GR. NO. 123164) "pressed" his penis against her vagina. Her sweethearts but only one of them paid visits at
FACTS: On February 2, 1993, Andrea, who was struggles failed to dissuade the accused. He their house. Thus, he beat her, especially when he
then three years old, came home crying, with sucked her breast and attempted to penetrate discovered her to be pregnant.
bruises on her right thigh. She told her guardian, Jobelyn. With his penis still touching Jobelyn's The accused-appellant also posed the defense of
Iluminada Beltran, that her uncle, herein private part, he threatened to kill her family if she alibi contending that he was working at the time
petitioner, touched her private part. In her own were to report the incident to anyone. the rape incidents happened.
words, she said, ―Inaano ako ng uncle ko,” while In the early morning of 23 January 1998, Jobelyn After trial, the RTC rendered judgment finding
doing a pumping motion with the lower part of her was roused from slumber when she felt the accused-appellant Amado Sandrias Javier, guilty of
body to demonstrate what had been done to her. accused caressing her hair. He covered her with a rape in Criminal Case No. 95-136 and of Qualified
She also said that petitioner showed his penis to blanket upon seeing her awake. He pulled down Seduction in Criminal Cases Nos. 95-147 and
her. her shorts and underwear and placed himself on 95-148.
The matter was reported to Barangay Councilor top of her. He tried to force his penis into her but Hence this appeal.
Carlos Lumaban who, with the child, the latter’s she struggled to forestall the assault. Amidst sobs, ISSUE
guardian, and three barangay tanods, went to the Jobelyn told the accused that she would report his Whether the trial court correctly found the
house of petitioner to confront him. As abuses to her mother. He repeated his prior threat accused-appellant guilty of the crimes charged.
petitioner’s father refused to surrender his son to and, again, she was forced into silence. HELD
Lumaban and his party, Lumaban sought assistance The incident was repeated once more when The trial court correctly convicted
from the nearby Western Police District (WPD) Jobelyn was pretending to be asleep while accused accused-appellant of the crime of rape in Criminal
Station No. 7. It appears, however, that petitioner forced her to lie face-up and he inserted his penis Case No. 95-136. However, this court cannot agree
took advantage of the situation and ran away. into her anus after removing her shorts and with RTC judgment insofar as Criminal Cases No.
ISSUE: Whether or not the accused is guilty of underwear. 95-147 and 95-148 are concerned.
crime of acts of lasciviousness The incident of rape was repeated twice. RATIO
HELD: Petitioner questions the competence of Issue: Whether the accused was correctly The Trial court erred when it proceeded to convict
Andrea as a witness. He argues that Andrea is not convicted by the lower court for the crime of acts accused-appellant merely of qualified seduction
capable of understanding the questions of lasciviousness. under Article 337 of the Revised Penal Code in the
propounded to her. Moreover, she did not take an Held: In Criminal Case No. 19120, the trial court aforementioned cases.
oath and the fact that she was asked purely correctly found appellant guilty of acts of This court finds that the accused-appellant
leading questions shows that she was only coached lasciviousness. Appellant was shrouded with lust in employed practically the same force and
by her guardian. The contention has no merit. As a trying, although unsuccessfully, to get the young intimidation in committing the crime on October
general rule, all persons who can perceive, and girl to suck his penis. 20, 1994, November 18, 1994 and December 19,
perceiving, can make known their perception to 130 1994. The commission of rape with force and
others, may be witnesses. Under Rule 130, §21 of The elements of this crime are that: (a) the intimidation under Article 335 (par. 2) of the
the Rules of Court, only children who, on account offender commits any act of lasciviousness or Revised Penal Code is clearly established by the
of immaturity, are incapable of perceiving the lewdness; (b) by using force or intimidation, or testimony of complainant herself. Said
facts respecting which they are examined and of when the offended party is deprived of reason or 132
129 otherwise unconscious, or the offended party is testimony plainly shows how accused-appellant
relating them truthfully are disqualified from under 12 years of age. In acts of lasciviousness, took advantage of his moral ascendancy over
being witnesses. In People v. Mendoza, the Court the acts complained of are prompted by lust or complainant despite her struggle and resistance.
held: lewd design where the victim has not encouraged Moreover, assuming that the prosecution failed to
It is thus clear that any child, regardless of age, such acts. In cases of acts of lasciviousness, the prove the use of force by accused- appellant, the
can be a competent witness if he can perceive, offender is deemed to have accomplished all the latter cannot be convicted of qualified seduction.
and perceiving, can make known his perception to elements necessary for the existence of the felony It is only when the complaint for rape contains
others and of relating truthfully facts respecting once he has been able, by his overt acts, to allegations for qualified seduction that the
which he is examined. In the 1913 decision in actually achieve or attain his purpose. accused may be convicted of the latter in case the
United States vs. Buncad, this Court stated: 131 prosecution fails to prove the use of force by the
Professor Wigmore, after referring to the QUALIFIED SEDUCTION(ART. 337) accused. To do otherwise would be violating the
common-law precedents upon this point, says: PEOPLE vs. JAVIER, (G.R. No. 126096) constitutional rights of the accused to due process
―But this much may be taken as settled, that no FACTS: Under review are three separate and to be informed of the accusation against him.
rule defines any particular ageas conclusive of complaints filed against accused-appellant The accused charged with rape cannot be
incapacity; in each instance the capacity of the charging him with rape committed against his convicted of qualified seduction under the same
particular child is to be investigated.‖ (Wigmore daughter, Julia Ratunil Javier, on October 20, 1994 information. Then, too, rape and qualified
on Evidence, vol. I, p. 638) and sometime in November, 1994 and December, seduction are not identical offenses. While the two
. . . 1994. felonies have one common element which is carnal
The requirements then of a child’s competency as The complainant is a minor of 16 years of age. She knowledge of a woman, they significantly vary in
a witness are the: (a) capacity of observation, (b) testified that on October 20, 1994, at more or less all other respects.
capacity of recollection, and (c) capacity of 1 o’clock in the afternoon, by means of force, What the trial court should have done was to
communication. And in ascertaining whether a violence, and intimidation, while inside their dismiss the charges for rape in Criminal Cases No.
child is of sufficient intelligence according to the dwelling house, accused-appellant and her 95-147 and 95-148, if indeed, in its opinion, the
foregoing, it is settled that the trial court is called daughter, herein complainant were alone in their prosecution failed to sufficiently establish the
upon to make such determination. house. complainant’s mother during that time was existence of force and intimidation, and order
In the case at bar, Andrea was three years and 10 out doing laundry work as a laundry woman. The instead the filing of the appropriate information.
months old at the time she testified. Despite her accused-appellant pulled complainant to his Be that as it may, this Court believes otherwise
young age, however, she was able to respond to bedroom in and as she refused, wrestled and
and is fully convinced that accused-appellant is Criminal Case Nos. 100767 to 100773, with respect intercourse. But the fact that she had voluntarily
guilty as well of these two other counts of rape. to rapes committed from November 2, 1991 to gone with her father to Tarlac suggests that the
PEOPLE vs. MANANSALA (G.R. Nos. 110974-81) November 8, 1991. crime was not rape but, quite possibly qualified
FACTS: Eight (8) criminal cases for rape were ISSUES: Whether the appellant is guilty of the seduction, considering the age of complainant (14
commenced against accused-appellant, upon crime of rape as charged? Whether the appellant at the time of the crime). This is especially true
complaint of his daughter Jennifer, in the RTC of could be convicted of the crime of qualified because she said she had been given money by her
Manila. seduction? father everytime they had an intercourse.
Accused-appellant was a ―taho‖ vendor. He lived HELD: The fact that she could describe the lurid details
in the ―taho‖ factory located at 1223 Asuncion This Court is constrained to reverse the conviction of the sexual act shows that it was not an ordeal
Street, Tondo, Manila, after separating from of the accused-appellant on the ground of that she went through but a consensual act. One
Jennifer’s mother with whom he had lived in reasonable doubt. subjected to sexual torture can hardly be
common law relation. Since the charge does not include qualified expected to see what was being done to her. What
The prosecution’s version of the facts of the case seduction, the appellant could not be convicted is clear from complainant’s testimony is that
is quite vague. Its principal witness, Jennifer thereof although accused-appellant had had sexual
Manansala, declared during her direct examination RATIO intercourse with her, it was not done by force or
that, on November 1, 1991, she was taken by her The trial court finding was based solely on the intimidation. Nor was the rape made possible
father to the ―taho‖ factory in Tondo and she testimony of the complainant. In so doing, the trial because of accused- appellant’s moral ascendancy
was ordered to proceed to a room on the upper court disregarded the contradictory testimony of over her, for the fact is that accused-appellant
floor of the factory where the Accused-appellant Jennifer’s own mother, Teresita, who stated on was not living with them, having separated from
proceeded to do the sexual act or rape. She cross examination that Jennifer was with complainant’s mother in 1986.
further testified that this sexual torture was accused-appellant in Tarlac from November 1, Thus, considering the allegations in the complaint
repeatedly happened eight times on 2nd , 3rd ,4th 1991 up to November 13, 1991 and that Jennifer that the rape in this case was committed ―by
,6th and 8th of November. These all happened in told her the sexual assaults took place in Tarlac. means of force, violence and intimidation,‖
the ―taho‖ factory in Tondo. . Accused-appellant could not therefore have raped accused-appellant cannot possibly be convicted of
However, on cross examination, Jennifer changed his daughter in Manila on November 1, 1991. qualified seduction without offense to the
her statement that the rapes were committed in This court in many instances sustained the constitutional rights of the accused to due process
the ―taho‖ factory. She told the court that only conviction of an accused on the basis of the lone and to be informed of the accusation against him.
the first one was committed there and that was on testimony of the victim, especially because the That charge does not include qualified seduction.
November 1, but the rest were committed in crime is generally committed with only the Neither can qualified seduction include rape.
Tarlac, from November 2, 1991 to November 8, accused and the victim present. But in order to This court reversed the decision of the RTC
1991. When again queried by the defense counsel justify the conviction of the accused, the acquitting accused-appellant Dante Manansala Y
where she had been raped - whether in Tarlac or testimony must be credible, natural, convincing Manalansang on the ground of reasonable doubt of
at the ―taho‖ factory in Manila - she said at the and consistent with human nature. the crime of rape.
―taho‖ factory. In the case at bar, the trial court erred in relying 135
On March 20, 1992, the next hearing, she was on the claim of complainant as basis for its finding PEOPLE vs. SUBINGSUBING (G.R. Nos. 104942-43)
again asked, this time by the court, where she had that although seven rapes had been committed by FACTS
been raped on November 3, 1991 and she said, accused-appellant against her in Tarlac on Accused-appellant Napoleon Subingsubing was
without limiting herself to November 3, that successive days from November 2 to 8, 1991, one charged with the crime of rape in three (3)
―what actually happened is that she was raped in was committed on November 1, 1991 in Manila, in separate informations in CRIMINAL CASES NO. 772.
Tarlac.‖ She explained that the reason why she view of inconsistencies in her statements as to the 773 and 774.
claimed she had been raped at the ―taho‖ place of commission of the crime. If, as the The complainant, Mary Jane Espilan testified that
factory in Manila was because she was afraid her complainant implied one rape — the one allegedly she is sixteen years old, unmarried and lived with
complaints might be dismissed for improper venue. committed on November 1, 1991 — was committed her grandmother for the past three years at the
Accused-appellant denied the accusations against in Manila, there would be no basis for her fear of latter's house at Bo. Fiangtin, Barlig, Mountain
him. He testified, among others, that he was in total failure of prosecution in Manila. Province. The accused Napoleon Subingsubing is
Tarlac from October 31, 1991 up to November 14, The truth is that complainant ran into a series of the complainant's uncle, who was then living with
1991; that Jennifer was with him in Tarlac on contradictions because her mother, on February his mother and his niece in the same house as
those dates; that he did not do any of the acts 11, 1992, had told the court that complainant was mentioned. On Nov. 25, 1989, at 1:00 P.M., Mary
alleged in the complaints; [and that the reason the in Tarlac with accused-appellant from November Jane and Napoleon were alone in the house, the
complaints were filed against him was because his 1-13, 1991. Complainant could not therefore have grandmother having gone to the fields. When Mary
wife Teresita was angry at been raped in Manila as she had claimed before. Jane was about to go out to attend her afternoon
133 134 classes in school, Napoleon forcibly pulled her to
him for his refusal to give her money. Inconsistencies in the testimonies of the the bedroom of the grandmother, pointed his
Accused-appellant said that Teresita was a very prosecution witnesses, especially the complainant Garand rifle at her, then punched her in the
violent person and that she beat Jennifer herself, cannot be dismissed as trivial. They call stomach, as a result of which, the former lost
whenever she was angry. On several occasions, into question the credibility of complainant. It was consciousness. When the complainant regained her
Jennifer showed him the scratches and marks error for the trial court to rely on complainant’s senses, she noticed that she was en dishabille and
caused by her mother. He said at one time even he testimony for evidence that accused-appellant had her vagina was bloody. She felt pain in her private
had been chased by his wife with a knife. raped her on November 1, 1991 in Manila. Trial parts and is quite certain she was raped or abused.
He insisted that Jennifer had been instigated by courts must keep in mind that the prosecution The accused who was then standing outside the
her mother to file the cases against him. Dante’s must be able to overcome the constitutional room warned the complainant not to tell anybody
testimony that he did not rape Jennifer and that presumption of innocence beyond a reasonable what happened or else he will kill her. In the
he and Jennifer were both in Tarlac from October doubt to justify the conviction of the accused. The morning of November 28, 1989, at 10:30 o' clock
31, 1991 up to November 14, 1991 was prosecution must stand or fall on its own evidence; A.M., Mary Jane arrived from school and Napoleon
corroborated by the testimonies of the it cannot draw strength from the weakness of the was alone in the house. The latter again sexually
accused-appellant’s mother, Adriana Manansala evidence for the defense. abused or took advantage of the complainant
and his aunt Rebecca M. Bautista. The prosecution’s evidence is not only shot second time around. All the while, Napoleon was
The trial court found accused-appellant guilty of through with inconsistencies and contradictions, it holding unto his rifle and Mary Jane was afraid to
having raped his daughter in the ―taho‖ factory is also improbable. If complainant had been raped scream for he might squeeze the trigger.
in Tondo, Manila on November 1, 1991. However on November 1, 1991, the Court cannot Immediately thereafter, the complainant gathered
although said court found that the understand why she went with her father to Tarlac up all her clothes and went to their own family
accused-appellant had also raped his daughter on November 2 and stayed there with him until house at Bo. Pat-tog, Barlig, which is less than a
from November 2, 1991 to November 8, 1991, but November 14, 1991. She was supposed to have kilometer away from her grandmother's residence.
since he committed these rest of the crimes in gone through a harrowing experience at the hands She wanted to get away from her uncle, hence she
Tarlac, it is beyond the court a quo’s jurisdiction. of her father but the following day and for stayed alone in the house until November 30, 1989
Accordingly, it held accused-appellant Dante thirteen more days after that she stayed with him. in the morning when the accused followed her.
Manansala guilty of rape committed in Manila on It is true the medico-legal examination conducted She was cleaning the ceiling of their house when
November 1, 1991, as charged in Criminal Case No. on November 17, 1991 showed that she was no Napoleon sneaked up behind her, and when the
91-100766, but dismissed the complaints in longer a virgin and that she had had recent sexual former tried to scream, the accused placed a
piece of cloth with some sort of chemical over the The records and the testimony of the complainant legal provision, has been interpreted judicially as
nose of the complainant and the latter fainted. disclose contradictions and inconsistencies on vital —
When she awoke, Mary Jane found herself lying on details which lead one to seriously doubt the . . . Upon the word domestic being employed in
the floor stark naked. She felt that she had again veracity of her story. The complainant on 05 March said legal provision segregating it from that of a
been sexually molested. The accused who was 1991 testified that on 25 November 1989 and 28 servant, the term is applied to persons usually
outside the house menacingly ordered the November 1989, the accused employed force and living under the same roof, pertaining to the same
complainant to pack her clothes and go back home threats which rendered her unconscious and house, and constituting, in the sense, a part
with him. The afternoon of the same day, Mary unable to feel anything when ravished by the thereof, distinguishing it from the term servant
Jane and Napoleon went back to the house of the accused. whereby a person serving another on a salary is
former's grandmother. The complainant did not However, her testimony on 05 March 1991, and designated; in this manner, it has been properly
reveal to anybody the things that happened to her which rendered her "unconscious," is belied by her used.
for fear that the accused might really kill her as own testimony on 02 April 1991, when she gave a Under the circumstances of the case at bench, the
the accused had threatened to do. Months later, detailed description of what transpired during court holds that a conviction for qualified
when she was with her parents in Baguio, Mary those incidents. seduction is proper in Criminal Case No. 774. The
Jane finally divulged everything to her mother The Court also cannot help but question the verified complaint for rape contains allegations,
Rosita Espilan. They went back to Barlig and conduct of the complainant after the alleged sans averment on the use of force, which impute
reported the incidents to the police station where incidents of rape. The complainant did not reveal the crime of qualified seduction. Any deficiency in
the statement of the complainant was taken. the incidents to her grandmother allegedly the complaint is supplied by the supporting
Thereafter, she had herself physically examined at because the accused told her not to and that he affidavit, where complainant averred that the
the Barlig hospital by a government physician and would kill the complainant and her grandmother if accused Napoleon Subingsubing, her uncle, who
was found pregnant. On August 29, 1990 in Baguio, she told anyone. Neither did she tell her mother was living in the same house as the complainant,
the complainant delivered a baby boy. The latter upon the latter's arrival at barlig on 28 April 1990 had sexual intercourse with her. The accused took
before all these things happened to her was a or soon after the complainant was brought by her advantage of his moral ascendancy if not
virgin with no prior sexual experience. She did not mother to Philex Mines in Baguio City. The mother dominance over the complainant. She was
even have a boyfriend. In open court, Mary Jane was told of the alleged incidents only on 15 May presumably a virgin. As already stated, the
Espilan singled out the accused Napoleon 1990. It is quite unnatural for a girl not to reveal accused was a domestic in relation to the
Subingsubing as the culprit in all of the incidents such assaults on her virtue (if indeed they complainant within the meaning of Art. 337 of the
she earlier testified to. occurred) immediately after they happened or Revised Penal Code.
The accused Napoleon Subingsubing denied the when the alleged threat on her life and her Hence, the court modified the judgement of the
charge of rape as narrated above and proferred a grandmother's had ceased, as in this case, when trial court and convicted the accused of the crime
different story. He interposed consent on the part complainant had gone to Baguio. The complainant of Qualified Seduction instead of rape under
of the complainant as a defense. likewise admitted that after the alleged incidents Criminal Case No. 774 and was acquitted in
To bolster the claim of the accused, his mother, in November 1989, she still went out with the Criminal Case No. 772 based on reasonable doubt.
Rufina Subingsubing, who is also the grandmother accused to watch betamax movies or get food for 138
of the complainant, testified among others, that the pigs in the ricefields. Such behaviour directly PEOPLE vs.ALVAREZ (G.R. No. L-34644)
the three (3) of them were living in one house and contradicts the normal or expected behaviour of a FACTS
that their relationship was happy, even after the rape victim. There is no way she could possibly A complaint for rape by the offended party was
month of November 1989; that the complainant forgive, to say the least; and yet, complainant filed against appellant Nicanor Alvarez. It was
left her house in March 1990 for a vacation and interacted immediately with her assailant. Viewed alleged in said complaint that on or about June 6,
was fetched by her mother; that the only thing she in its entirety, such behaviour of the complainant 1969, the accused rape and have sexual
observed about the complainant was that her appears to be inconsistent with her charge of rape. intercourse Loreta T. dela Concepcion, a virgin, 13
breasts were becoming bigger; that the 137 years of age and sister-in-law of the accused while
complainant and the accused got food for the pigs The accused, on the other hand, while admitting she was asleep.
on Saturdays and that when the latter would that indeed he had sexual intercourse with the The complainant in her testimony identified the
receive his monthly salary, the complainant would complainant on 25 November 1989, set up the appellant and stated that the latter was a
ask him to take her to the movies. defense that the latter consented to such act. The brother-in-law, his wife being an elder sister of
136 Two (2) succeeding incidents were however denied the complainant. She was in his house because the
Three (3) other witnesses for the defense were by the accused. While we find such defenses weak, appellant asked permission from her father to take
presented who corroborated the story of the we nevertheless stress once more the care of the appellant’s son. She admitted that the
accused and testified that indeed, the time-honored principle that the prosecution must son, then almost one year old, and her sister were
complainant and the accused were seen going out rely on the strength of its evidence rather than on in the house during the incident. When she arrived
together and sharing happy moments months after the weakness of the defense. in the afternoon at five o'clock the day before, the
November 1989 (when the alleged rapes were Appellant's exculpation from the offense of rape accused was not present, returning only at around
committed). does not mean, however, that his responsibility is 9:00 o'clock that evening. She and the appellant’s
The trial court found the case meritorious for the merely moral and not penal in character. wife were sleeping in the sala when the appellant
prosecution in Criminal Case Nos. 772 and 774 in For failure to prove guilt beyond reasonable doubt, arrived and afterwards raped her. She maintained
view mainly of the testimony of the complainant the court set aside the trial court's judgments of that she was asleep at the outset, but after waking
which was found credible. Accused- appellant was, conviction for rape. However, the Court finds up she resisted but she could not overcome the
therefore, convicted for rape in said cases. conclusive evidence (no less than the accused strength. She added that during that time,
However, he was acquitted in Criminal Case No. accused-appellant's admission) that on 25 he threatened to kill her if she ever revealed to
773. November 1989, the accused Napoleon anybody what was done. She also said that she
Hence this appeal. Subingsubing had sexual intercourse with Mary reported to her sister the following morning but
ISSUE Jane Espilan when she was only 16 years of age. the sister did not say any word. She did not,
Whether or not the correctly found the accused The complainant and the accused were living in however, report to her mother or father allegedly
guilty of the crime of rape in Criminal Cases No. the same house. The accused is the uncle of the because she was afraid and that she might be
772 and 774. complainant, brother of her own mother. punished, because she knew that what had
HELD Qualified seduction is the act of having carnal happened to her was bad. The complainant
The accused is guilty of the crime of Qualified knowledge of a virgin over 12 years to 18 years of informed her parents about the incident only in
Seduction instead of rape under Criminal Case No. age and committed by any of the persons January of 1970.
774, while acquitted in Criminal Case No. 772 enumerated in Art. 337 of the Revised Penal Code, The trial court then sentenced Nicanor Alvarez to
based on reasonable doubt. to wit: any person in public authority, priest, reclusion perpetua for committing a crime of rape.
RATIO home-servant, domestic, guardian, teacher, or any ISSUE
Records of this case reveals, even if were to person who, in any capacity, shall be entrusted Whether or not the accused-appellant is guilty of
assume arguendo that the defense of consent on with the education and custody of the woman the crime of rape.
the part of the complainant was not sufficiently seduced. Abuse of confidence is the qualifying Whether or not the accused-appellant could be
established, that the evidence for the prosecution circumstance in the offense. Notably, among the convicted of the crime of qualified seduction.
cannot, on its own, stand and suffice to establish persons who can commit qualified seduction is a HELD
the guilt of the accused for the crime of rape "domestic". And a "domestic," for purposes of said
beyond reasonable doubt.
No. The holding that appellant was guilty of rape in August 1995 and on January 20, 1996. Anna was 142
through the use of force or intimidation cannot not able to shout because she was afraid that the PEOPLE vs.TEODOSIO (G.R. No. 97496)
stand. appellant would kill her and, just like Liza, she did FACTS
Yes. For having taken advantage of a young not tell her mother that the appellant molested Fernando Teodosio y Carreon was charged of the
teenager over whom appellant did exercise moral her out of fear. Private complainants’ mother, crime of rape filed by Elaine R. Cesar in the
ascendancy, it is fitting and appropriate that such Leticia Paragas, learned of her daughters’ ordeal Regional Trial Court. In the case at bar, it was
act falls within the concept of qualified seduction through her older daughter, Rosalina, who, in established that at time of the incident on
to which the appellant should be held responsible. turn, came to know of the rape incidents from the December 19, 1985, the offended party, Elaine
RATIO appellant’s granddaughter. Apparently the Cesar, was only 12 years and 6 months old and a
The story of the incident as elicited in the granddaughter witnessed the appellant as he was mere 6th grader while the accused was already 20
complaining witness's testimony, that is, that, she raping Liza and told Rosalina about it. At the trial, years old and a 4th year college student; and that
was raped before the very eyes of her sister, wife the appellant admitted having sexual intercourse the accused is a sexually hot individual as borne by
of herein accused-appellant, without the latter with private complainants but insisted that Liza the fact that he admittedly masturbates at least
raising a finger, challenges human credulity. and Anna freely consented to the repeated sexual once a week. The offended party, Elaine Cesar,
Viewed from human observation and experience acts in exchange for money ranging from P5 to testified in a simple, honest and straight-forward
not even a confirmed sex maniac would dare do his P10. On several occasions, Liza and Anna allegedly manner whereas the accused testified in an
thing before the eyes of strangers, how much more visited him at home asking for money and sexual evasive and sometimes incredible and inconsistent
for a healthy husband before the eyes of his very satisfaction. In fact, it was private complainants’ manner. Elaine, at the time of the incident, being
wife? Then, again, testimony that her sister before supposed persistence which drove him to accede only 12 years and 6 months old and a mere Grade 6
whose very eyes the alleged raping incident took to their demands to have sex, even if he was student, was quite gullible and easily deceived by
place did not lift a finger to her, mocks at human having difficulty achieving erection as he was the accused. This court also noted that the
sensibility. In the natural course of things, this suffering from hernia. Thus, there was never an accused admitted, on cross- examination, that he
piece of evidence is repugnant to common instance when the appellant forced or threatened and Elaine agreed that they would stay in the
experience and observation in that the natural private complainants into having sexual Champion Lodging House for only 'a short time
reaction wife would be that of righteous intercourse with him. On November 14, 1996, the which would be for 3 to 4 hours' only.
indignation rather than passive [acquiescence]and trial court rendered its assailed decision finding The accused claimed that when they first arrived
the natural response of a sister would be to the accused guilty beyond reasonable doubt of the at that motel in the afternoon of December 19,
protect the virtue of a younger sister from abuse crime of Rape. 1985, he phoned his house and talked to her sister,
of her husband.’ ISSUE Whether or not the private complainants Imelda, to tell his family that he would arrive
139 voluntarily consented to the sexual desires of the home late that day. In order to satisfy his lustful
Appellant is therefore entitled to a reversal of the accused-appellant, thus, should be acquitted with desires, the accused who is a sexually hot person,
decision insofar as it would hold him liable for the crime of rape. Whether or not the drugged the softdrink or pineapple juice which
rape. accused-appellant is liable for simple seduction. Elaine later drank inside the room in that motel so
It does not follow, however, that appellant's HELD The appellant’s defense that the victims that she became dizzy and eventually lost
exculpation from the offense of rape means that consented to his lascivious desires is simply too consciousness. Once Elaine was unconscious, the
his responsibility is merely moral and not penal in preposterous to deserve serious consideration. The accused raped her.
character. It is clear from the information that the appellant actually employed force or intimidation When she woke up at 5:00 A.M. on the following
elements of the crime of qualified seduction were on the two victims to satisfy his lust, hence liable morning, December 20, 1985, Elaine found blood
included in the facts alleged. He cannot be heard for two counts of rape. The argument of the on her private part or vagina and she felt pain in
to complain thereafter that he is entitled to appellant that, if he is at all liable for anything, it her body; when she asked the accused what
complete acquittal. As a matter of fact, in his should only be for simple seduction is untenable. happened, the accused lied by saying that nothing
defense, rightfully given credence by us, he did RATIO Indeed, after admitting that he had carnal happened. On the following day, December 21,
admit his having taken advantage of an knowledge of private complainants on several 1985, when Elaine told her mother what happened
inexperienced adolescent, the younger sister of his occasions, the appellant assumed the burden of at the motel, her mother got angry and lost no
wife, to whom he ought to have been bound by the proving his defense by substantial evidence. The time in bringing her to the PC Crime Laboratory
closest ties of affinity, considering also, as record shows that, other than his self-serving before 5:00 o'clock in the afternoon to have Elaine
testified to by him, how close she felt towards assertions, the appellant had nothing to support physically examined by the expert Medico-Legal
him. his claim that private complainants were Examiner, Col./Dr. Gregorio Blanco. Dr. Blanco
140 teenagers of loose morals and that the repeated testified positively that in the course of his
SIMPLE SEDUCTION (ART. 338) acts of sexual intercourse were consensual. physical examination of Elaine, he found her
PEOPLE vs. PASCUA (G.R. Nos. 128159-62) 141 hymen to have a fresh laceration at 5:00 o'clock
FACTS Private complainants Liza and Anna, both This court entertains no doubt that Liza and Anna and that said fresh laceration meant that there
surnamed Paragas, are twins born on July 12, told the truth. It is clear from their testimony that was a very recent sexual intercourse, and he also
1983. The appellant was their neighbor. Liza and private complainants tried to scream but the concluded that the child, Elaine Cesar, was
Anna considered appellant as their grandfather appellant prevented them by threatening to kill therefore in a non-virgin state because of that
although he was not related to them. On August 6, them. Also, after each rape incident, private fact. Considering that the accused first met Elaine
1995, private complainants were playing near the complainants were warned by the appellant not to Cesar only on September 11, 1985, it is difficult to
house of the appellant when the latter called Liza tell their mother what happened to them. It is believe that the said young girl, being only 12
and instructed her to buy juice at the store. Liza settled that a rape victim is not required to resist years and 6 months old at that time, would have
obeyed. After she returned from the store, the her attacker unto death. Force, as an element of consented to go with the accused to a motel on
appellant ordered Liza to go inside his house and rape, need not be irresistible; it need only be December 19, 1985 for the purpose of submitting
lie down on the floor. Appellant then removed present and so long as it brings about the desired her virginity to him. The accused also admitted on
Liza’s pants and underwear, went on top of her, result, all considerations of whether it was more cross-examination that while he and Elaine were
inserted his penis into her vagina and made push or less irresistible is beside the point. Indeed, inside the room in that motel that he kissed and
and pull movements. Liza tried to scream but physical resistance need not be established in rape embraced Elaine and that he asked Elaine to give
appellant threatened to kill her. After the sexual when, as in this case, intimidation was used on the her virginity to him "three times". The accused,
intercourse, the appellant gave Liza P10 and victim and she submitted to the rapist’s lust for being much older than Elaine, took advantage of,
warned her not to reveal the incident to her fear of her life or her personal safety. deceived and abused the latter sexually by raping
mother. Liza then went home but did not tell her Jurisprudence holds that even though a man lays her when she was unconscious on account of her
mother what happened for fear that her mother no hand on a woman, yet, if by an array of having drunk the drugged softdrink or pineapple
would punish her. The same thing happened on physical forces, he so overpowers her mind that juice.
January 27, 1996 when Liza was called by the she does not resist or she ceases resistance After trial, a decision was rendered by the trial
appellant as she was passing by his house. After through fear of greater harm, the consummation court convicting the accused of the offense
her ordeal, this time, the appellant gave Liza P5 of unlawful intercourse by the man is rape. charged as penalized under Article 335 of the
and reminded her not to tell her mother what Without question, the prosecution was able to Revised Penal Code.
happened. So Liza went home without telling her prove that force or intimidation was actually ISSUES
mother that she was sexually abused by the employed by the appellant on the two victims to Whether or not the appellant is guilty of the crime
appellant. Liza’s twin sister, Anna, suffered the satisfy his lust. Hence the crime committed is not of rape.
same fate at the hands of the appellant sometime merely simple seduction.
Whether the appellant could be held liable of the known to her since they were her former barangay captain of Sitio Dalag while the accused
crime of simple seduction. neighbors. Lining poked a kitchen knife at and Lenie stayed that same night in a house in
HELD Emelina’s breast and the two held her hands. Sitio Dalag.
No. appellant cannot be held liable for rape as it Emelina was dragged towards the rice field and On 7 January 1997 accused Lito Egan forced Lenie
was a consensual affair. was forcibly carried to an unoccupied house owned to escort him to Sitio Sayawan, Miokan, Arakan,
143 by Mila Salvacion.[ Cotabato, still threatening to kill her if she
No. appellant cannot be held liable for simple Inside the house, Lining removed Emelina’s t-shirt, shouted or resisted, and there stayed in the house
seduction either because such was not alleged in pants and undergarments. She was pushed to the of a sister of Lito. It was in this place where under
the information. floor and while Salvacion was holding her hands the cover of darkness and desolation he allegedly
RATIO and kissing her, Lining inserted his penis inside her raped Lenie. (She would however change her
Elaine admitted that she knew appellant some vagina. Emelina shouted and tried to ward off her recollection of the alleged rape when she later
three months before the alleged incident took attackers, but to no avail. After Lining had testified that the crime had happened on 6
place because they were neighbors. Apparently, satisfied his lust, he held Emelina’s hands and January 1997 at the house where they lodged in
they fell in love with each other for Elaine gave kissed her while Salvacion in turn inserted his Sitio Dalag and that no other incidents of rape
appellant her photograph with her handwritten penis inside her vagina. Thereafter, the two subsequently took place).
dedication. directed Emelina to put on her clothes. The For four (4) months the datus of Sitio Salaysay,
The contradictions in the testimony of Elaine accused then looked for a vehicle to transport who interceded for Lenie’s safe release,
where she attempted to prove that their coition Emelina to Barangay Maningcol. Emelina saw an attempted a customary settlement of the
was involuntary rather than fortify the case of the opportunity to escape. Accompanied by the friend abduction in accordance with Manobo traditions. It
prosecution, served to demolish the same. of her father, the complainant went to the appears that the accused agreed to give two (2)
What is obvious and clear is that these two young barangay captain then to the police station where horses to the family of Lenie in exchange for her
lovers, carried by their mutual desire for each she was subjected to a medical examination. The hand in marriage. The accused however reneged
other, in a moment of recklessness, slept together Chief of Police immediately ordered the arrest of on his promise to give two (2) horses. So since the
and thus consummated the fruition of their brief Lining but Salvacion was able to escape. amicable settlement was not realized, the accused
love affair. Appellant cannot be held liable for Accused Lining denied the accusations against him forcibly relocated Lenie to Cabalantian, Kataotao,
rape as there was none committed. It was a and disputed the findings of the trial court. He Bukidnon, where she was eventually rescued on 15
consensual affair. interposed an alibi that he was not able to attend May 1997.
Based on the evidence the crime committed by the dance party because his brother-in-law, Lenie lost no time in denouncing the accused and
appellant is simple seduction. Article 338 of the Artemio, requested him to look after the palay in exposing to her village elders the disgrace that had
Revised Penal Code provides: his house. After trial, the court found Gerry Lining befallen her. She and her father also reported the
Art. 338. Simple seduction. — The seduction of a guilty beyond reasonable doubt for the crime of crime at the police station in Lamundao, Marilog,
woman who is single or a widow of good forcible abduction with rape, and for another Davao City. She was turned over to the Balay
reputation, over twelve but under eighteen years count of rape. Dangupan, a shelter house of the DSWD, which
of age, committed by means of deceit, shall be ISSUE: Whether or not the accused-appellant is helped her in obtaining a medico-legal
punished byarresto mayor. guilty of the complex crime of forcible abduction examination and executing the necessary
All the elements of the offense are present. That; with rape. affidavit-complaint against accused Lito Egan.
Elaine was over 12 and under 18 years of age. HELD: No. Forcible abduction is absorbed in the Information for forcible abduction with rape was
She is single and of good reputation. crime of rape in this case. filed against the accused and was finally arrested.
The offender had sexual intercourse with her. RATIO The accused-appellant could only be The trial court rejected the defenses of accused
It was committed by deceit. convicted for the crime of rape, instead of the Lito Egan and convicted him of a complex crime of
Appellant said he planned to marry Elaine and for complex crime of forcible abduction with rape. forcible abduction with rape; hence, this appeal.
this reason he successfully persuaded her to give Indeed, it would appear from the records that the ISSUE: Whether or not the accused is guilty of
up her virginity. This is the deceit contemplated main objective of the accused when the victim forcible abduction with rape.
by law that attended the commission of the was taken to the house of Mila Salvacion was to HELD: No. Accused-appellant is instead declared
offense. rape her. Hence, forcible abduction is absorbed in guilty of Forcible Abduction only under Art. 342 of
Unfortunately, the essential ingredients of simple the crime of rape. The Court sustains the trial The Revised Penal Code.
seduction are not alleged nor necessarily included court in not appreciating the aggravating RATIO All the elements of forcible abduction were
in the offense charged in the information. The only circumstances of nocturnity, abuse of superior proved in this case. Accused-appellant Lito Egan
elements of the offense alleged in the sworn strength and the use of a knife in the commission was charged with forcible abduction with rape of
complaint of the offended party is that she is over of the crime of rape. Accused-appellant is deemed twelve (12)-year old Lenie T. Camad. Although
12 years of age when appellant had carnal a co-conspirator for the act of rape committed by from the records it appears that Lenie was less
knowledge of her. Thus, appellant cannot be his co- accused Lian Salvacion. Thus, he is found than twelve (12) years old as shown by her birth
convicted even for simple seduction either. guilty beyond reasonable doubt of two (2) counts certificate when the abduction took place and the
This court rendered its judgment acquitting the of rape and is sentenced to suffer the penalty of alleged rape was
appellant of the offense charged. reclusion perpetua in each case. 146
144 145 perpetrated a day after, the criminal liability of
FORCIBLE ABDUCTION (ART. 342) PEOPLE vs. EGAN (G.R. No. 139338) accused-appellant would nevertheless be confined
PEOPLE vs. LINING (G.R. No. 138401) FACTS only to the crime alleged in the Information.
FACTS Gerry Lining and Lian Salvacion were both Lito Egan alias Akiao, thirty-six (36) years old, was Article 342 of the Revised Penal Code defines and
charged with the crime of Abduction with Rape. an avid admirer of a twelve (12)-year old girl penalizes the crime of forcible abduction. The
On October 4, 1997, at around 12:30 in the named Lenie T. Camad. Both the accused and elements of forcible abduction are; that the
afternoon, Emelina Ornos, then fifteen (15) years Lenie were members of the Manobo indigenous person abducted is a woman, regardless of her
old, requested permission from her parents to visit cultural community in Mindanao and residents of age, civil status, or reputation; that the abduction
her aunt Josephine at Oriental Mindoro where she Sitio Salaysay, Marilog, Davao City. is against her will; and, That the abduction is with
was supposed to spend the night. She arrived at On 6 January 1997 Lenie and her cousin Jessica lewd designs. On the other hand, Art. 335 of the
her aunt’s house at around one o’clock in the Silona were fetching water at a deep well several same Code defines the crime of rape and provides
afternoon. While in her aunt’s house, Emelina was meters from Lenie’s house in Sitio Salaysay. At for its penalty. The elements of rape pertinent to
invited by one Sajer to a dance party to be held at around 2:00 o'clock in the afternoon, the accused this case are: that the offender had carnal
the barangay basketball court. Emelina accepted appeared from nowhere and forcibly dragged and knowledge of a woman; and, That such act is
the invitation and at around seven o’clock in the pushed Lenie towards Sitio Dalag, Arakan, accomplished by using force or intimidation.
evening of the same day, she went to the party, Cotabato. He threatened to kill her if she resisted. Nonetheless even assuming that the accused and
accompanied by her aunt. Josephine then left Before leaving the site of the deep well, he the complainant were engaged by virtue of the
Emelina at the party, telling her that she had to go likewise terrorized Jessica by brandishing his dowry he had offered, this fact alone would not
home but she would return later to fetch her. hunting knife which forced the girl to scamper for negate the commission of forcible abduction. An
At around 12:30 in the morning, the party ended safety. About 5:00 o'clock that same afternoon, indigenous ritual of betrothal, like any other love
but Josephine still had not returned. Emelina Jessica was able to report to Lenie’s father, affair, does not justify forcibly banishing the
decided to go home alone. On her way to her Palmones Camad, the abduction of his daughter. beloved against her will with the intention of
aunt’s house, Emelina was accosted by Gerry Palmones with a friend proceeded to Sitio Dalag to molesting her. It is likewise well-settled that the
Lining and Lian Salvacion, both of whom were look for Lenie. They sought the help of the giving of money does not beget an unbridled
license to subject the assumed fiancée to carnal and feels dizzy. She shouted, then she felt a fist RATIO The two elements of forcible abduction, as
desires. By asserting the existence of such blow on her stomach and she fell unconscious. defined in Article 342 of the Revised Penal Code,
relationship, the accused seeks to prove that the When Cleopatra woke, she was inside a room. She are: the taking of a woman against her will and
victim willingly participated in the act. But, as was totally undressed and was lying flat on her with lewd designs.
shown by the evidence, she certainly did not. The back on a bed. In the room with her were four The crime of forcible abduction with rape is a
evidence clearly does not speak of consensual love men. One of them, who had Bombay features, was complex crime that occurs when there is carnal
but of criminal lust which could not be disguised also totally naked while the other three were clad knowledge with the abducted woman under the
by the so-called sweetheart defense or its variant in briefs and smoking cigarettes. The following circumstances: by using force or
as in the instant case. Finally, as held in People v. Bombay-looking man lay on top of her. She tried to intimidation; when the woman is deprived of
Crisostomo, the intention to marry may constitute push him away but he held her left arm. Another reason or otherwise unconscious; and when the
unchaste designs not by itself but by the man with long hair, whom she later identified as woman is under twelve years of age or is
concurring circumstances which may vitiate such accused- appellant Jeffrey Garcia, burned her demented.
an intention, as in the case of abduction of a right chin with a lighted cigarette. Cleopatra In the case at bar, the information sufficiently
minor with the latter's consent, in which the male fought back but accused-appellant held her right alleged the elements of forcible abduction, i.e.,
knows that she cannot legally consent to the arm. While accused-appellant was seated on her the taking of complainant against her against her
marriage and yet he elopes with her. In the case at right side and holding her, the Bombay-looking will and with lewd design. It was likewise alleged
bar, there is no denying the fact that Lenie was man proceeded to have sexual intercourse with that accused-appellant and his three co-accused
incapacitated to marry accused-appellant under her. She tried to kick him and close her legs, but conspired, confederated and mutually aided one
Manobo or Christian rites since she was still a two men were holding her feet. The two men another in having carnal knowledge of complainant
minor thereby demonstrating the existence of boxed her thighs and burned her legs with by means of force and intimidation and against her
lewd designs. cigarettes. will.
As to the charge of rape, although the prosecution After the Bombay-looking man finished having Aside from alleging the necessary elements of the
has proved that Lenie was sexually abused, the sexual intercourse with Cleopatra, accused- crimes, the prosecution convincingly established
evidence proffered is inadequate to establish appellant and then the other two men took their that the carnal knowledge was committed through
carnal knowledge. Sexual abuse cannot be equated turn, successively. After the fourth man finished force and intimidation. Moreover, the prosecution
with rape. In the case at bar, there is no evidence raping her, he got up. She felt dizzy and her sufficiently proved beyond reasonable doubt that
of entrance or introduction of the male organ into private parts were aching. She opened her eyes accused- appellant succeeded in forcibly abducting
the labia of the pudendum. Lenie's testimony did and tried to move, but accused-appellant hit her the complainant with lewd designs, established by
not establish that there was penetration by the sex on the abdomen. the actual rape.
organ of the accused or that he tried to penetrate One of the men again sprayed something on Hence, accused-appellant is guilty of the complex
her. The doctor who examined Lenie's vagina Cleopatra’s face which made her vision blurred. crime of forcible abduction with rape. He should
would in fact admit upon questioning of the trial She heard somebody say that it was 1:30. After also be held liable for the other three counts of
judge that "there was no interlabia contact." that, she blacked out. When she regained rape committed by his three co- accused,
Under the circumstances, the criminal liability of consciousness, she was lying by the roadside considering the clear conspiracy among them
accused-appellant is only for forcible abduction somewhere between Tam-awan and Longlong. It shown by their obvious concerted efforts to
under Art. 342 of The Revised Penal Code. The was still dark. She already had her clothes on. She perpetrate, one after the other, the crime. As
sexual abuse which accused- appellant forced upon felt pain all over her body and was unable to borne by the records, all the four accused helped
Lenie constitutes the lewd design inherent in move. A taxi passed by and picked her up. one another in consummating the rape of
forcible abduction and is thus absorbed therein. Although she was afraid to ride the taxi, she complainant. While one of them mounted her, the
The indecent molestation cannot form the other boarded it just to get home. The taxi brought her other three held her arms and legs. They also
half of a complex crime since the record does not to her house. At home, after when she was able to burned her face and extremities with lighted
show that the principal purpose of the accused regain her composure, she told her aunt and cigarettes to stop her from warding off her
was to commit any of the crimes against chastity siblings that she had been raped by four men. aggressor. Each of them, therefore, is responsible
and that her abduction would only be a necessary The following day, July 15, 1998, Cleopatra was not only for the rape committed personally by him
means to commit the same. Surely it would not brought to the Baguio City Police Station and gave but for the rape committed by the others as well.
have been the case that accused-appellant would her testimony. She was also brought to the Crime However, as correctly held by the trial court,
touch Lenie only once during her four (4)-month Laboratory of the Baguio City Police for there can only be one complex crime of forcible
captivity, as she herself admitted, if his chief or examination. Two days after, she came back to abduction with rape. The crime of forcible
primordial intention had been to lay with her. the said police station and gave a description of abduction was only necessary for the first rape.
Instead, what we discern from the evidence is that the four rapists to the cartographer. Thus, the subsequent acts of rape can no longer be
the intent to seduce the girl forms part and parcel Meanwhile, accused-appellant was arrested at 4:30 considered as separate complex crimes of forcible
of her forcible abduction and shares equal p.m. of July 17, 1998 in connection with another abduction with rape. They should be detached
importance with the other element of the crime rape charge against him filed by a certain Gilda from and considered independently of the forcible
which was to remove the victim from her home or Mangyo. abduction. Therefore, accused-appellant should be
from whatever familiar place she may be and to The cartographic sketches were published in the convicted of one complex crime of forcible
take her to some other. Stated otherwise, the Sun-Star newspaper. Police Officers Gilbert Bulalit abduction with rape and three separate acts of
intention of accused-appellant as the evidence and Archibald Diaz saw the sketches and noticed rape.
shows was not only to seduce the victim but also that one of the suspects depicted in the 149
to separate her from her family, especially from cartographic sketch bore a striking resemblance to PEOPLE vs. ABLANEDA (G.R. No. 131914)
her father Palmones, clearly tell-tale signs of accused-appellant, who was in their custody. On FACTS
forcible abduction. July 26, 1998, Cleopatra was summoned to identify On February 18, 1993, at around 7:00 o’clock in
Verily the single sexual abuse of Lenie although accused- appellant. she recognized the morning, six-year old Magdalena Salas, a Grade
accused-appellant had other opportunities to do so accused-appellant and then gave a supplemental I pupil was walking to school. Along the way,
was itself the external manifestation of his lewd statement to the police, confirming her accused-appellant Jaime Ablaneda, also known as
design, and hence he could not be punished for it identification of accused-appellant as one of her Joey Capistrano, approached her and asked if he
either separately or as part of a complex crime. rapists. could share her umbrella, since it was raining.
147 Formal charges for forcible abduction with rape Suddenly, accused-appellant boarded a trimobile
PEOPLE vs. GARCIA (G.R. No. 141125) were brought against accused-appellant and three with Magdalena and brought her to a small hut.
FACTS The victim, Cleopatra Changlapon, was 19 John Does. In the trial , accused-appellant denied While inside, accused-appellant removed his
years old and a sophomore student of B.S. Physical the charges of rape and interposed a defense of underwear and the child’s panties. He applied
Therapy at the Baguio Central University. On July alibi. cooking oil, which he had bought earlier, on his
14, 1998, she left school at 6:30 p.m. to go home. 148 organ and on Magdalena’s. Then, he proceeded to
As she was crossing Bonifacio Street, Baguio City, ISSUE: Whether or not the is accused-appellant have sexual intercourse with the little girl.
she saw a white van approaching so she stopped to guilty of one count of forcible abduction with rape Magdalena felt pain but was too terrified to speak
let it pass. Suddenly, the van stopped in front of aNd three counts of rape as charged. or cry out. After satisfying his lust,
her. The rear door slid open and Cleopatra was HELD: Yes. The trial court did not err in convicting accused-appellant ordered Magdalena to go home.
pulled by the arms into the van. She struggled as accused-appellant of the complex crime of forcible When Magdalena arrived at their house, Ailene
the door closed and the van sped away. Something abduction with rape. Villaflores, her uncle’s sister-in-law, noticed that
was sprayed on her face which made her eyes sting she looked pale and weak, and found traces of
blood on her dress. Ailene asked her what twelve years, regardless of whether she consented Esmaylita obeyed. Appellant had intercourse with
happened, but Magdalena merely said that her thereto or not, constitutes statutory rape. her. After some minutes, appellant made
classmate had pushed her. Ailene did not believe The imposition of the penalty of reclusion Esmaylita stand up. Esmaylita begged to be
this, so she brought her to a quack doctor. The perpetua, for the crime of forcible abduction with allowed to go home, but appellant ignored her and
latter told her that Magdalena had been raped. rape was correct. No qualifying or aggravating ordered her to sit on top of him. Esmaylita
Ailene then brought Magdalena to the Daet Police circumstance was proven in this case and there remained motionless as he put his organ into her
Station and, later, to the Camarines Norte was none alleged in the information. vagina. Angered, appellant ordered her to do what
Provincial Hospital to have her medically 151 she usually does with her husband. Esmaylita then
examined. When Ailene saw Magdalena’s bloodied PEOPLE vs. NAPUD (G.R. No. 123058) made up-and-down motions with her buttocks.
panties, she again asked her what happened. This FACTS: At around 1:00 A.M. on September 21, After some five minutes of sexual intercourse,
time, Magdalena confessed that she was raped by 1994, appellant with his co-accused, Tomas appellant made her stand up, forced her legs
a man who had a scar on the stomach. Amburgo and Romel Brillo, went to the house of apart, and again inserted his penis inside her
Dr. Nilda Baylon, the Medico-Legal Officer who the spouses Esmaylita and Ernesto Benedicto at vagina. Appellant then had sexual intercourse with
examined Magdalena, found that the latter’s Barangay Jibolo, Janiuay, Iloilo. Amburgo called her until his lust was satisfied. At around four
hymen was completely lacerated, thus confirming aloud for the occupants of the house to come o’clock in the morning, Esmaylita was finally
that she had indeed been raped. Sometime down. The Benedictos were awakened by the call, released and allowed to go home. (Criminal Case
thereafter, Magdalena and Ailene were summoned but just kept quiet since they sensed that it would No. 44263)
by the police because a man had been be dangerous to respond. Unable to elicit any Meanwhile, Esmaylita’s husband, Ernesto, had fled
apprehended. At the precinct, Magdalena response from the Benedictos, the trio then to the house of their barangay councilor located a
positively identified accused-appellant as her approached the house of Esmaylita’s parents, the kilometer away from the Benedicto house and
rapist. spouses Evelyn and Manuel Cantiller, just a few reported the incident. The barangay official then
Consequently, accused-appellant was charged meters away. Again, they called for the residents accompanied Ernesto to the nearest police
before the Regional Trial Court of Daet, Camarines of the house to come down. The Cantillers were detachment. When Ernesto and the
Norte, with the complex crime of Forcible awakened by the call but chose to remain silent. 152
Abduction with Rape. Their grandson Greg Cantiller, who was staying law enforcers arrived at the Benedicto house,
At his arraignment, accused-appellant pleaded not with them, also remained quiet. Minutes later, Esmaylita was already there. She told them that
guilty. After trial, the lower court rendered Amburgo forcibly pushed the door of the she had been raped.
judgment finding the accused guilty of the Cantillers’ house open. He found Evelyn and On November 3, 1994, the Provincial Prosecutor of
complex crime of forcible abduction with rape as Manuel lying on the floor. Amburgo at once pinned Iloilo filed an information for Robbery with Rape
defined and penalized by Art. 342 of the Revised down Manuel’s head. Meanwhile, appellant broke against appellant and his co-accused with the
Penal Code in conjunction with Art. 335 (S.3) of into the chicken coop beneath the Benedictos’ Regional Trial Court of Iloilo City. On the same
the Revised Penal Code and Art. 48 of the Revised house, caught ten (10) chickens, and handed them day, Esmaylita also filed two separate complaints,
Penal Code. to Brillo who was waiting outside. Appellant then one for rape and another for forcible abduction
Hence this appeal barged into the Cantillers’ house. He asked Manuel with rape
ISSUE; Whether there is sufficient evidence to if he had a daughter in the house. The latter said When arraigned in each of the three cases, both
sustain the accused-appellant conviction for the he didn’t. Appellant then told the 59 year-old Napud and Amburgo pleaded not guilty to the
complex crime of forcible abduction with rape. Evelyn Cantiller to step out of the house. He led charges. The third accused, Romel Brillo, has
HELD: Yes. All the elements of both the crimes of her to the back of the house and told her to remained at large. Both Amburgo and Napud raised
forcible abduction and rape were proven in this undress. When she refused, appellant threatened the defense of denial and alibi.
case. her with a knife. Out of fear, Evelyn removed her The trial court declared Napud and his co-accused,
RATIO The elements of the crime of forcible skirt, appellant then raped her. After a few Amburgo, guilty beyond reasonable doubt of the
abduction, as defined in Article 342 of the Revised minutes of coitus, appellant asked Evelyn to charges against them.
Penal Code, are: (1) that the person abducted is assume the woman-on- top position. Warning her Only Napud seasonably filed his notice of appeal.
any woman, regardless of her age, civil status, or that she and her husband would be killed should His co-accused, Amburgo, opted not to appeal his
reputation; (2) that she is taken against her will; she attempt to flee, appellant then had Evelyn conviction.
and (3) that the abduction is with lewd designs. On mount him. The rape was ended when Amburgo ISSUES: Whether the appellant is correct in
the other hand, rape is committed by having saw them and asked appellant to stop, reminding alleging that the trial court erred in convicting the
carnal knowledge of a woman by force or the latter that Evelyn was an old woman. (Criminal appellant of rape by means of force and
intimidation, or when the woman is deprived of Case No. 44262) intimidation absent physical injuries found on the
reason or is unconscious, or when she is under Amburgo then grabbed Greg Cantiller and ordered bodies of either complainants. Whether the
twelve years of age. him to summon the Benedictos. Greg did as he was penalties imposed for the offenses committed by
All these elements were proven in this case. The told, but the Benedictos would not respond. the appellant is proper.
victim, who is a woman, was taken against her Angered, Amburgo threatened to burn down their HELD No. The absence of external injuries does
will, as shown by the fact that she was house. Left with no choice, the Benedictos not negate rape. Yes. The trial court correctly
intentionally directed by accused-appellant to a stepped out. Amburgo then ordered Greg to return held that the crime of rape charged and proved in
vacant hut. At her tender age, Magdalena could to the Cantillers’ residence. Criminal Case No. 44263 already absorbed the
not be expected to physically resist considering Once outside, Esmaylita explained that her forcible abduction with rape complained of in
that the lewd designs of accused-appellant could husband, Ernesto, had a stomach ailment. Ernesto Criminal Case No. 44264 and also found the
not have been apparent to her at that time. then asked permission to answer a call of nature. accused-appellant guilty of the special complex
Physical resistance need not be demonstrated to Amburgo acceded to his request but warned crime of robbery with rape under Criminal Case
show that the taking was Ernesto not to flee or report to the authorities. No. 44262
150 When Ernesto failed to return, Amburgo then RATIO Under Article 335 of the Revised Penal
against her will. The employment of deception grabbed Esmaylita and brought her to a banana Code, the gravamen of the crime of rape is carnal
suffices to constitute the forcible taking, plantation located in Barangay Calansonan, some knowledge of a woman by force or intimidation
especially since the victim is an unsuspecting 1-1/2 kilometers away from her house. Still and against her will or without her consent. What
young girl. Finally, the evidence shows that the wielding his knife, Amburgo commanded her to lie consummates the felony is penile contact,
taking of the young victim against her will was down. He removed her lower garments, lay on top however slight, with the labia of the victim’s
effected in furtherance of lewd and unchaste of her, and had sexual intercourse with her. vagina without her consent. Consequently, it is not
designs. Such lewd designs in forcible abduction is Esmaylita pleaded with him to stop as she had a required that lacerations be found on the private
established by the actual rape of the victim. small child, but Amburgo threatened to knife her. complainant’s hymen. Nor is it necessary to show
In the case at bar, Magdalena testified in open After Amburgo’s lust was spent, he told Esmaylita that the victim had a reddening of the external
court that accused-appellant inserted his penis to put on her clothes and brought her over to genitalia or sustained a hematoma on other parts
into her private parts. The fact of sexual appellant, who had been watching the whole affair of her body to sustain the possibility of a rape
intercourse is corroborated by the medical findings from a short distance. (Criminal Case No. 44264) charge. For it is well-settled that the absence of
wherein it was found that the victim suffered from Appellant dragged Esmaylita some distance away external injuries does not negate rape. This is
complete hymenal laceration. Whether or not she from Amburgo. He forcibly stripped her naked. He because in rape, the important consideration is
consented to the sexual contact is immaterial then told her to lie down. When Esmaylita refused, not the presence of injuries on the victim’s body,
considering that at the time thereof, she was appellant poked a knife at her and made signs that but penile contact with the female genitalia
below twelve years of age. Sex with a girl below he would kill her. Faced with imminent death, without the woman’s consent. Hence, appellant’s
reliance upon the findings of Dr. Renato Armada, case of the nullity of his marriage other than proof Issue: Whether or not the affidavit of desistance
who testified that he examined Evelyn and found of a final judgment declaring his marriage void. filed by the offended party extinguished the
no lacerations or hematoma in any part of her A subsequent pronouncement that marriage is void criminal liability of the accused?
body could not prevail over the positive testimony from the beginning is not a defense in a Held: An affidavit of desistance by itself, even
of the offended party and her witnesses that she concubinage case. He who cohabits with a woman when construed as a pardon in the so-called
was sexually abused. not his wife before the judicial declaration of "private crimes," is not a ground for the dismissal
As to the propriety of the penalties imposed on nullity of the marriage assumes the risk of being of the criminal case once the action has been
appellant, the trial court found that the forcible prosecuted for concubinage. instituted. The affidavit, nevertheless, may, as so
abduction with rape alleged in Criminal Case No. People v. Tipay earlier intimated, possibly constitute evidence
44264 was absorbed by the rape charged in Facts: This is a criminal case of rape filed by Susan whose weight or probative value, like any other
Criminal Case No. 44263. The evidence for the Pelaez, 15, suffering from mild mental retardation piece of evidence, would be up to the court for
prosecution shows that Esmaylita was brought by and transient psychotic illness, assisted by her proper evaluation.
Amburgo and appellant to a banana plantation grandmother Flora Deguino against her stepfather Paragraph 3 of Article 344 of the Revised Penal
some 1-1/2 kilometers away from her house for named Romeo Tipay. Code prohibits a prosecution for seduction,
the purpose of raping her. Both men then The prosecution’s evidence showed that the abduction, rape, or acts of lasciviousness, except
successively had carnal knowledge of her at said accused raped his stepdaughter several times upon a complaint made by the offended party or
place. Where complainant was forcibly taken away whenever the latter’s mother and siblings were her parents, grandparents, or guardian, nor, in any
for the purpose of sexually assaulting her, then the out of the house. The victim was threatened by case, if the offender has been expressly pardoned
rape so committed may absorb the forcible the accused that he would kill Susan’s family by the above-named persons, as the case may be.
abduction. The trial court, thus, correctly held member if she would tell anyone about it. One It does not prohibit the continuance of a
that the rape charged and proved in Criminal Case day, Susan complained to her grandmother that prosecution if the offended party pardons the
No. 44263 already absorbed the forcible abduction her head was aching. Flora had Susan checked up offender after the case has not been instituted,
with rape complained of in Criminal Case No. by a midwife. The midwife found out that Susan is nor does it order the dismissal of said case.
44264. Coming now to Criminal Case No. 44262, 4-months pregnant and it was at this moment that Note: Rape is now a public crime.
the information charged appellant and his co- Susan confided to her grandmother that she was 157
accused with robbery with rape. When appellant being raped by her stepfather. Arroyo v. CA
forcibly entered the Cantillers’ chicken coop and Sometime in 1996, the lower court convicted the Facts: Dr. Jorge B. Neri filed a criminal complaint
took their chickens, while his confederate accused of the crime of rape under Art. 344 of the for adultery against his wife, Ruby Vera Neri, and
Amburgo was threatening the Cantiller spouses, he Revised Penal Code as amended by RA 7659 and Eduardo Arroyo committed on 2 November 1982.
committed the crime of robbery. The elements of sentenced the accused to Death Penalty which Both defendants pleaded not guilty but were
the offense -viz: (a) personal caused the automatic review by the Supreme subsequently found guilty by the trial court.
153 Court. When the case was pending with the CA on
property belonging to another; (b) unlawful taking; Issues: Is the criminal complaint fatally defective certiorari, Ruby Neri filed a motion for
(c) intent to gain; and (d) violence or intimidation due to the fact that it was the grandmother of the reconsideration or a new trial alleging that her
- were all present. Though robbery appears to victim and not her mother who assisted her in husband already pardoned her and had contracted
have preceded the rape of Evelyn, it is enough filing the complaint? marriage to another with whom he is presently
that robbery shall have been accompanied by rape 156 cohabiting. Dr. Neri also filed a manifestation
to be punished under the Revised Penal Code (as Held: No. Under the Rules of Court, in Sec. 5, par. praying that the case against petitioners be
amended) for the Code does not differentiate 3 of Rule 110, it is provided that where the dismissed as he had "tacitly consented" to his
whether the rape was committed before, during, offended party is a minor, her parents, wife's infidelity. The co-accused petitioners then
or after the robbery. Thus, Accused- appellant is grandparents, or guardian may file the complaint. filed a motion praying for the dismissal of the case
found guilty of the special complex crime of The right to file the action granted to parents, citing as basis the manifestation of Dr. Neri.
robbery with rape and sentenced by this court to grandparents or guardian shall be exclusive of all CA did not grant the motions.
reclusion perpetua with damages. other persons and shall be exercised successively Issue: Whether or not Dr. Neri's affidavit of
154 in the order herein provided. However, with the desistance and the compromise agreement operate
155 advent of RA 8353, which reclassified rape as a as a pardon meriting a new trial.
PROSECUTION OF THE CRIMES OF ADULTERY, crime against person and no longer a private Held: No. The rule on pardon is found in Article
CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE crime, the complaint can now be instituted by any 344 of the Revised Penal Code which provides:
AND ACTS OF LASCIVIOUSNESS (ART. 344) person. ART. 344. ... — The crime of adultery and
Beltran v. People It is also worthy to note that in the case of People concubinage shall not be prosecuted except upon a
Facts: The petitioner Meynardo Beltran and his vs. Estrebella, it was held that any technical complaint filed by the offended spouse. The
wife Charmaine Felix got married. After 24 years defect in a complaint for rape would be remedied offended party cannot institute criminal
and having four children, Beltran filed a petition by testimony showing the consent and willingness prosecution without including both parties, if they
for declaration of nullity of marriage on the of the family of the complainant who cannot give are both alive, nor in any case, if he shall have
ground of psychological incapacity. Charmaine her consent (due to minority or mental consented or pardoned the offenders. xxx xxx xxx
Felix, in her Answer, alleged that it was Beltran retardation, for instance) to have the private While there is a conceptual difference between
who abandoned the conjugal home and cohabited offense publicly tried. In the case at bar, Marilyn consent and pardon in the sense that consent is
with another woman named Milagros. Thereafter, Deguino (complainant’s mother) herself requested granted prior to the adulterous act while pardon is
she filed a criminal complaint for concubinage Susan’s grandmother to take care of the case. given after the illicit affair, nevertheless, for
against Beltran and his paramour. Alonte v. Savellano either consent or pardon to benefit the accused, it
Beltran argued that the pendency of the civil case Facts: This is a case praying for the reversal of the must be given prior to the filing of a criminal
for declaration of nullity of marriage posed a decision convicting Bayani M. Alonte and complaint. In the present case, the affidavit of
prejudicial question to the determination of the Buenaventura Concepcion of rape. desistance was executed only after the trial court
criminal case of concubinage against him. An information for rape was filed on December 5, had already rendered its decision dated.
Issue: Whether or not the declaration of nullity of 1996 against petitioners Alonte and his accomplice It should also be noted that while Article 344 of
marriage is a prejudicial question to the criminal Concepcion based on a complaint filed by Juvie-lyn the Revise Penal Code provides that the crime of
case of concubinage. Punongbayan. It was alleged that the accused adultery cannot be prosecuted without the
Held: It is not a prejudicial question. Under Article Concepcion brought Juvie-lyn to Alonte’s offended spouse's complaint, once the complaint
40 of the Civil Code, it is provided that the resthouse and left her to Alonte after receiving has been filed, the control of the case passes to
absolute nullity of a previous marriage may be P1,000.00. Alonte gave Juvie-lyn water to drink the public prosecutor. Enforcement of our law on
invoked for the purposes of remarriage on the which made her dizzy and weak. Afterwards, adultery is not exclusively, nor even principally, a
basis solely of a final judgment declaring such against her will, Alonte raped her. matter of vindication of the private honor of the
previous marriage void. Sometime in 1996, during the pendency of a offended spouse; much less is it a matter merely
In view of such provision, it follows that for petition for change of venue, Juvie-lyn, assisted by of personal or social hypocrisy. Such enforcement
purposes other than remarriage, other evidence is her parents and counsel, executed an affidavit of relates, more importantly, to protection of the
acceptable. Therefore in a case for concubinage, desistance. basic social institutions of marriage and the family
the accused, like the herein petitioner, need not Upon arraignment, petitioners both pleaded ―not in the preservation of which the State has the
present a final judgment declaring his marriage guilty‖ to the charge. strongest interest; the public policy here involved
void for he can adduce evidence in the criminal Trial ensued and they were both found guilty. is of the most fundamental kind.
In U.S. v. Topiño, the Court held that: claimed he was forced to marry Tina because she main basis was the good faith on the part of the
... The husband being the head of the family and threatened him that she would commit suicide. accused.
the only person who could institute the Upon conviction in the trial court, Eduardo, on Issue: Whether or not the acquittal in the bigamy
prosecution and control its effects, it is quite clear appeal, claimed that his first wife Gaña had been case was proper.
that the principal object in penalizing the offense "absent" for 21 years since 1975 and under Article Held: No. The Supreme Court, in People v. Bitdu,
by the state was to protect the purity of the 390 of the Civil Code, she was presumed dead as a carefully distinguished between a mistake of fact,
family and the honor of the husband, but now the matter of law. He points out that, under the first which could be a basis for the defense of good
conduct of the prosecution, after it is once paragraph of Article 390 of the Civil Code, one faith in a bigamy case, from a mistake of law,
commenced by the husband, and the enforcement who has been absent for seven years, whether or which does not excuse a person, even a lay person,
of the penalties imposed is also a matter of public not he/she is still alive, shall be presumed dead from liability. Bitdu held that even if the accused,
policy in which the Government is vitally for all purposes except for succession, while the who had obtained a divorce under the
interested to the extent of preserving the public second paragraph refers to the rule on legal Mohammedan custom, honestly believed that in
peace and providing for the general welfare of the presumption of death with respect to succession. contracting her second marriage she was not
community. ... Issue: Whether or not Manuel should be acquitted committing any violation of the law, and that she
158 on the bigamy charge on the ground of had no criminal intent, the same does not justify
Pilapil v. Ibay-Somera presumption of death of his first wife due to her act. The Supreme Court further stated therein
Facts: Imelda Pilapil, a Filipino citizen, was absence. that with respect to the contention that the
married to private respondent Erich Ekkehard Held: No, he is liable for bigamy. accused acted in good faith in contracting the
Geiling, a German national. Due to conjugal In the present case, the prosecution proved that second marriage, believing that she had been
disharmony, the private respondent initiated a the petitioner was married to Gaña and such validly divorced from her first husband, it is
divorce proceeding against petitioner in Germany marriage was not judicially declared a nullity; sufficient to say that everyone is presumed to
and the petitioner then filed an action for legal hence, the marriage is presumed to subsist. The know the law, and the fact that one does not know
separation, support and separation of property. A prosecution also proved that the petitioner that his act constitutes a violation of the law does
divorce decree was granted. married the private complainant long after the not exempt him from the consequences thereof.
The private respondent then filed two complaints effectivity of the Family Code. Moreover, squarely applicable to the criminal case
for adultery alleging that while still married to The petitioner is presumed to have acted with for bigamy, is People v. Schneckenburger, where it
Imelda, she ―had an affair with William Chia and malice or evil intent when he married the private was held that the accused who secured a foreign
another man named Jesus Chua. complainant. As a general rule, mistake of fact or divorce, and later remarried in the Philippines, in
Issue: Whether private respondent can prosecute good faith of the accused is a valid defense in a the belief that the foreign divorce was valid, is
petitioner for adultery even though they are no prosecution for a felony by dolo; such defense liable for bigamy.
longer husband and wife as a decree of divorce negates malice or criminal intent. However, People v. Abunado
was already issued. ignorance of the law is not an excuse because Facts: Salvador Abunado married Narcisa Arceno
Held: The law specifically provided that in everyone is presumed to know the law. Ignorantia sometime in 1967. Salvador later contracted a
prosecution for adultery and concubinage, the legis neminem excusat. second marriage with Zenaida Binas. A case for
person who can legally file the complaint should It was the burden of the petitioner to prove his bigamy was filed by Narcisa against Salvador and
be the offended spouse and nobody else. In this defense that when he married the private Zenaida. Salvador was convicted of the crime of
case, private respondent is the offended spouse complainant, he was of the well-grounded belief bigamy.
who obtained a valid divorce in his country. The that his first wife was already dead, as he had not The Court of Appeals affirmed the ruling
said divorce decree and its legal effects may be heard from her for more than 20 years. He should appreciating the mitigating circumstance that the
recognized in the Philippines in so far as he is have adduced in evidence a decision of a accused was seventy six years of age then.
concerned. Thus, under the same consideration competent court declaring the presumptive death Salvador avers that the information filed against
and rationale, private respondent is no longer the of his first wife as required by Article 349 of the him was defective as it stated that the alleged
husband of petitioner and has no legal standing to Revised Penal Code, in relation to Article 41 of the bigamous marriage was contracted in 1995 when in
commence the adultery case under the imposture Family Code. Such judicial declaration also fact it should have been 1989.
that he was the offended spouse at the time he constitutes proof that the petitioner acted in good 161
filed suit. faith, and would negate criminal intent on his part He claims that he should be acquitted on the
159 when he married the private complainant and, as a ground that he was not sufficiently informed of the
ART. 349: BIGAMY consequence, he could not be held guilty of nature and the cause of the accusation against
Manuel v. People bigamy in such case. The petitioner, however, him.
Facts: Eduardo Manuel was prosecuted for bigamy. failed to discharge his burden. Issue: Whether or not the petitioner should be
The prosecution were able to adduce evidence 160 acquitted of bigamy on the ground that he was not
that Eduardo was married to Rubylus Gaña in The phrase "or before the absent spouse has been sufficiently informed of the nature and cause of
Makati. Eduardo met complainant Tina B. declared presumptively dead by means of a the accusation against him.
Gandalera and proposed to her on several judgment rendered on the proceedings" in Article Held: No, the conviction is upheld. The statement
occasions, assuring her that he was single. He even 349 of the Revised Penal Code was not an in the information that the crime was committed
made his parents meet her and assure her that he aggroupment of empty or useless words. The in ―January 1995‖ was merely a typographical
was single. requirement for a judgment of the presumptive error, for the same information clearly states that
The couple was happy during the first three years death of the absent spouse is for the benefit of the petitioner contracted a subsequent marriage to
of their married life. However, Manuel started spouse present, as protection from the pains and Zenaida Abunado on January 10, 1989. The
making himself scarce and went to their house the consequences of a second marriage, precisely petitioner failed to object to the alleged defect in
only twice or thrice a year. Tina was jobless, and because he/she could be charged and convicted of the Information during the trial and only raised the
whenever she asked money from Eduardo, he bigamy if the defense of good faith based on mere same for the first time on appeal before the Court
would slap her. testimony is found incredible. of Appeals.
After a while, Eduardo took all his clothes, left, Diego v. Castillo Morigo v People
and did not return. Worse, he stopped giving Facts: An administrative complaint was filed Facts: Lucio Morigo and Lucia Barrete got married
financial support. Tina became curious and made against RTC Judge Silverio Q. Castillo for allegedly sometime in 1990. A year after, a decree of
inquiries from the National Statistics Office (NSO) knowingly rendering an unjust judgment in a divorce was granted to them by a court in Ontario.
in Manila where she learned that Eduardo had criminal case and/or rendering judgment in gross In 1992, Lucio Morigo married Maria Jececha
been previously married. She secured an ignorance of the law. Lumbago. A bigamy case was then filed against
NSO-certified copy of the marriage contract. She The Administrative complaint stemmed from the him. In 1993, the accused filed a complaint for
was so embarrassed and humiliated when she Judgment of the Judge in a Bigamy case filed judicial declaration of nullity of marriage on the
learned that Eduardo was in fact already married against Lucena Escoto by Jorge de Perio, Jr. ground that no marriage ceremony actually took
when they exchanged their own vows. Prior that filing of the case, the Family District place.
For his defense, Eduardo claimed Tina knew he Court of Texas granted a decree of Divorce on The trial court convicted Morigo of bigamy.
was already married. He also claimed that he Lucena Escoto and Jorge de Perio, Jr.’s marriage. Issue: Whether or not petitioner committed
stated that he was still ―single‖ in his marriage Later on, Lucena Escoto contracted marriage with bigamy.
contract with Tina because he believed in good the brother of the complainant, Manuel P. Diego. Held: No, the first element of bigamy as a crime
faith that his first marriage was void. He also After the trial of the bigamy case, respondent requires that the accused must have been legally
Judge acquitted the accused and stated that his married.
The existence and the validity of the first marriage The June 14, 1995 headline and lead story of the considered public figures for being personalities in
being an essential element of the crime of bigamy, tabloid says thatit is improbable for Annabelle the entertainment business, media people,
it is but logical that a conviction for said offense Rama to go to the US should it betrue that she is including gossip and intrigue writers such as
cannot be sustained where there is no first evading her conviction in an estafa case here in petitioner, do not have the unbridled license to
marriage to speak of. thePhilippines for she and husband Eddie have malign their honor and dignity by indiscriminately
No marriage ceremony at all was performed by a more problems/casesto confront there. This was airing fabricated and malicious comments,
duly authorized solemnizing officer. Petitioner and said to be due to their, especiallyAnnabelle's, whether in broadcast media or in print, about
Lucia Barrete merely signed a marriage contract using fellow Filipinos’ money, failure to remit their personal lives.
on their own. proceedsto the manufacturing company of the In view of the foregoing disquisitions, the
Te vs. CA cookware they were sellingand not being on good conviction of petitioner for libel should be upheld.
Facts: Arthur Te and Liliana Choa got married in terms with the latter. With respect to the penalty to be imposed for this
civil rites on 1988. They did not live together after Annabelle Rama and Eddie Gutierrez filed libel conviction, we note that the Court issued on 25
marriage although they would meet each other cases againstFermin and Tugas before RTC of QC, January 2008, Administrative Circular No. 08-2008
regularly. In 1989, Liliana gave birth to a girl. Br. 218. entitled Guidelines in the Observance of a Rule of
Thereafter, Arthur stopped visiting her. RTC: Fermin and Tugas found guilty of libel. Preference in the Imposition of Penalties in Libel
Arthur contracted a second marriage while his CA: Tugas was acquitted on account of Cases. The circular expresses a preference for the
marriage with Liliana was still subsisting. Liliana non-participation butFermin's conviction was imposition of a FINE rather than imprisonment,
then filed a bigamy case against Arthur and affirmed. given the circumstances attendant in the cases
subsequently an administrative case for revocation Fermin's motion for reconsideration was denied. cited therein in which only a fine was imposed by
of his engineering license for grossly immoral act. She argues thatshe had no knowledge and the Court on those convicted of libel. It also states
For his defense, Arthur alleged that his first participation in the publication of thearticle, that that, if the penalty imposed is merely a fine but
marriage was null and void. the article is not libelous and is covered by the the convict is unable to pay the same, the RPC
Issue: Whether or not the nullity of the first freedomof the press. provisions on subsidiary imprisonment should
marriage of the accused is a defense in a bigamy Issue: Whether petitioner is guilty of libel. apply.
case. Held: A Libel is defined as a public and malicious However, the Circular likewise allows the court, in
Held: The formed decisions of the Supreme Court imputation of a crime, or of a vice or defect, real the exercise of sound discretion, the option to
holding that no judicial decree is necessary to or imaginary, or any act, omission, condition, impose imprisonment as penalty, whenever the
establish the invalidity of a marriage which is ab status, or circumstance tending to cause the imposition of a fine alone would depreciate the
initio is overturned. The prevailing rule is Art. 40 dishonor, discredit, or contempt of a natural or seriousness of the offense, work violence on the
of the Family Code which states that the absolute juridical person, or to blacken the memory of one social order, or otherwise be contrary to the
nullity of a previous marriage may not be invoked who is dead. In determining whether a statement imperatives of justice.
for purposes of remarriage unless there is a final is defamatory, the words used are to be construed BUATIS vs. PEOPLE (G.R. NO. 142509)
judgment declaring such previous marriage void. in their entirety and should be taken in their plain Facts: On August 18, 1995, the wife of
162 and ordinary meaning as they would naturally be private-complainant Atty. Jose J. Pieraz (Atty.
Under the law, a marriage, even one which is void understood by persons reading them, unless it Pieraz), retrieved a letter from their mailbox
or voidable, shall be deemed valid until declared appears that they were used and understood in addressed to her husband. The letter was open,
otherwise in a judicial proceeding. another sense. not contained in an envelope, and Atty. Pieraz’
Mercado vs. Tan To say that the article, in its entirety, is not wife put it on her husband’s desk. On that same
FACTS: Dr. Vicent Mercado was previously married libelous disturbs one's sensibilities; it would day, Atty. Pieraz came upon the letter and made
with Thelma Oliva in 1976 before he contracted certainly prick one's conscience. There is evident out its content.
marriage imputation of the crime of malversation, or vices Not personally knowing who the sender was, Atty.
with Consuelo Tan in 1991 which the latter claims or defects for being fugitives from the law. and of Pieraz, nevertheless, responded and sent a
she did not know. Tan filed bigamy against being a wastrel. The attribution was made communication by registered mail to said Buatis,
Mercado and publicly, considering that Gossip Tabloid had a Jr. who dispatched a second letter later on.
after a month the latter filed an action for nationwide circulation. The victims were Reacting to the insulting words used by Buatis, Jr.,
declaration of nullity of marriage against Oliva. identified and identifiable. More importantly, the particularly: "Satan, senile, stupid, [E]nglish
The decision in 1993 article reeks of malice, as it tends to cause carabao," Atty. Pieraz filed a complaint for libel
declared marriage between Mercado and Oliva null dishonor, discredit, or contempt of the against accused-appellant. Subject letter and its
and void. complainants. contents came to the knowledge not only of his
ISSUE: Whether Mercado committed bigamy in Petitioner claims that there was no malice on her wife but of his children as well and they all chided
spite of filing the declaration of nullity of the part because allegedly, the article was merely a him telling him: "Ginagawa ka lang gago dito."
former marriage. fair and honest comment on the fact that Issue: Whether accused is guilty of libel.
HELD: A judicial declaration of nullity of a previous Annabelle Rama Gutierrez was issued a warrant of Held: Article 353 of the Revised Penal Code
marriage is necessary before a subsequent one can arrest for her conviction for estafa before Judge defines libel as a public and malicious imputation
be Palattao's court. of a crime, or of a vice or defect, real or
legally contracted. One who enters into a It can be gleaned form her testimony that imaginary, or any act, omission, condition, status,
subsequent marriage without first obtaining such petitioner had the motive to make defamatory or circumstance tending to cause the dishonor,
judicial imputations against complainants. Thus, petitioner discredit, or contempt of a natural or juridical
declaration is guilty of bigamy. This principle cannot, by simply making a general denial, person, or to blacken the memory of one who is
applies even if the earlier union is characterized convince us that there was no malice on her part. dead.
by statute as Verily, not only was there malice in law, the For an imputation to be libelous, the following
―void.‖ article being malicious in itself, but there was also requisites must concur: (a) it must be defamatory;
In the case at bar, Mercado only filed the malice in fact, as there was motive to talk ill (b) it must be malicious; (c) it must be given
declaration of nullity of his marriage with Oliva against complainants during the electoral publicity; and (d) the victim must be identifiable.8
right after Tan filed campaign. 165
bigamy case. Hence, by then, the crime had Neither can petitioner take refuge in the The last two elements have been duly established
already been consummated. He contracted second constitutional guarantee of freedom of speech and by the prosecution. There is publication in this
marriage of the press. Although a wide latitude is given to case. In libel, publication means making the
without the judicial declaration of the nullity. The critical utterances made against public officials in defamatory matter, after it is written, known to
fact that the first marriage is void from the the performance of their official duties, or against someone other than the person against whom it
beginning is not a public figures on matters of public has been written.9 Petitioner’s subject
defense in a bigamy charge. 164 letter-reply itself states that the same was copy
163 interest, such criticism does not automatically fall furnished to all concerned. Also, petitioner had
LIBEL (ARTS. 353, 354) within the ambit of constitutionally protected dictated the letter to his secretary. It is enough
FERMIN vs. PEOPLE speech. If the utterances are false, malicious, or that the author of the libel complained of has
Facts: On complaint of spouses Annabelle Rama unrelated to a public officer's performance of his communicated it to a third person.10
Gutierrez and Eduardo (Eddie) Gutierrez, two (2) duties or irrelevant to matters of public interest Furthermore, the letter, when found in the
criminal informations for libel were filed against involving public figures, the same may give rise to mailbox, was open, not contained in an envelope
Cristinelli S. Fermin and Bogs C. Tugas. criminal and civil liability. While complainants are thus, open to public.
The victim of the libelous letter was identifiable application for probation and simultaneously filed found guilty in a Decision promulgated on
as the subject letter-reply was addressed to a notice of appeal. December 20, 1994, sentencing her to a total
respondent himself. ISSUE: Whether or not the petition for certiorari prison term of fifty-four (54) years and to pay
We shall then resolve the issues raised by was validly dismissed by the RTC on the ground of P3,989,175.10 to the private respondent.
petitioner as to whether the imputation is petitioner’s failure to comply with its Order dated Petitioner therefore, filed an application for
defamatory and malicious. August 2, 1996. probation, which was referred by Presiding Judge
In determining whether a statement is HELD: Yes Umali to the Probation Officer of Marikina, for
defamatory, the words used are to be construed in RATIO: The trial court categorically directed investigation, report, and recommendation.
their entirety and should be taken in their plain, petitioner, in its August 2, 1996 Order, to furnish Private respondent opposed subject application for
natural and ordinary meaning as they would the City Prosecutor’s Office with a copy of her probation on the grounds that: the petitioner is
naturally be understood by persons reading them, memorandum and of the assailed judgment. not eligible for probation because she has been
unless it appears that they were used and Petitioner’s counsel did not comply, prompting the sentenced to suffer an imprisonment of fifty-four
understood in another sense.11 court to dismiss the petition for certiorari. (54) years, and she failed to pay her judgment
For the purpose of determining the meaning of any Even assuming that the Regional Trial Court did debt to the private respondent.
publication alleged to be libelous, we laid down not order the said dismissal, petitioner’s special The trial court judge approved the probation but
the rule inJimenez v. Reyes,12 to wit: civil action, questioning the denial of her notice of the Court of Appeals reversed.
In Tawney vs. Simonson, Whitcomb & Hurley Co. appeal, would still fail. Petitioner filed an ISSUE: Whether or not the petitioner is entitled to
(109 Minn., 341), the court had the following to application for probation. Section 7, Rule 120, of probation. RULING: No
say on this point: "In determining whether the the Rules on Criminal Procedure is explicit that a RATIO: Probation is a just privilege the grant of
specified matter is libelous per se, two rules of judgment in a criminal case becomes final when which is discretionary upon the court. Before
construction are conspicuously applicable: (1) That the accused has applied for probation. This is granting probation, the court must consider the
construction must be adopted which will give to totally in accord with Section 4 of Presidential potentiality of the offender to reform, together
the matter such a meaning as is natural and Decree No. 968 (Probation Law of 1976, as with the demands of justice and public interest,
obvious in the plain and ordinary sense in which amended), which in part provides that the filing of along with other relevant circumstances. 10 The
the public would naturally understand what was an application for probation is deemed a waiver of courts are not to limit the basis of their decision to
uttered. (2) The published matter alleged to be the right to appeal. Thus, there was no more the report or recommendation of the probation
libelous must be construed as a whole." opportunity for petitioner to exercise her right to officer, which is at best only persuasive.
In applying these rules to the language of an appeal, the judgment having become final by the It can be gleaned unerringly that petitioner has
alleged libel, the court will disregard any subtle or filing of an application for probation. shown no remorse for the criminal acts she
ingenious explanation offered by the publisher on PABLO vs. CASTILLO committed against the private respondent. Her
being called to account. The whole question being FACT: Petitioner Pablo was charged with a issuing subject fifty-four (54) bouncing checks is a
the effect the publication had upon the minds of violation of Batas Pambansa Bilang 22, otherwise serious offense. To allow petitioner to be placed
the readers, and they not having been assisted by known as the Bouncing Checks Law, in three on probation would be to depreciate the
the offered explanation in reading the article, it separate Informations, for issuing three bad checks seriousness of her malefactions. Worse, instead of
comes too late to have the effect of removing the to complainant Mandap. Docketed as Criminal complying with the orders of the trial court
sting, if any there be, from the words used in the Cases Nos. 94-00197-D, 94-00198-D and requiring her to pay her civil liability, she even
publication.13 94-00199-D, respectively, the three cases were not resorted to devious schemes to evade the
Gauging from the above–mentioned tests, the consolidated. The first two were raffled and execution of the judgment against her. Verily,
words used in the letter dated August 18, 1995 assigned to Branch 43 while the third case to petitioner is not the penitent offender who is
sent by petitioner to respondent is defamatory. In Branch 41 of the RTC in Dagupan City. eligible for probation within legal contemplation.
using words such as "lousy", "inutile", "carabao ISSUE: Whether or not the denial of petitioner’s Her demeanor manifested that she is incapable to
English", "stupidity", and "satan", the letter, as it application for probation valid. be reformed and will only be a menace to society
was written, casts aspersion on the character, RULING: Yes should she be permitted to co- mingle with the
integrity and reputation of respondent as a lawyer RATIO: Section 9 paragraph (c) of the Probation public.
which exposed him to ridicule. No evidence Law, P.D. 968 provides that those who have 168
aliunde need be adduced to prove it. As the CA previously been convicted by final judgment of an People v. Que Ming Kha
said, these very words of petitioner have caused offense punished by imprisonment of not less than Facts: On May 16, 1997, members Central Police
respondent to public ridicule as even his own one month and one day and/or fine of not less District received a phone call from an informant
family have told him: "Ginagawa ka lang gago than two hundred pesos cannot avail of the that a blue Kia Pregio van with plate number UPN
dito."14 benefits of probation. It is a basic rule of statutory 595 which was being used in the transport of shabu
Any of the imputations covered by Article 353 is construction that if a statute is clear, plain and has been seen within the vicinity of Barangay Holy
defamatory; and, under the general rule laid down free from ambiguity, it must be given its literal Spirit, Quezon City. A tem was immediately
in Article 354, every defamatory imputation is meaning and applied without any interpretation. dispatched to the reported place.
presumed to be malicious, even if it be true, if no Not only that; in the matter of interpretation of Around 5:00 o'clock in the afternoon, the team
good intention and justifiable motive for making it laws on probation, the Court has pronounced that spotted the blue Kia van on the opposite side of
is shown. Thus, when the imputation is the policy of liberality of probation statutes the street going toward the direction of
defamatory, the prosecution need not prove cannot prevail against the categorical provisions of Commonwealth Avenue. Before reaching
malice on the part of petitioner (malice in fact), the law. Commonwealth Avenue, in front of Andok's Litson
for the law already presumes that petitioner’s 167 Manok, the van hit. A concerned motorist picked
imputation is malicious (malice in law).15 A In the present case of petitioner, when she applied up the boy and rushed him to the hospital.
reading of petitioner’s subject letter-reply showed for probation in Criminal Cases Nos. 94- 00197-D When the police finally intercepted the van, they
that he malevolently castigated respondent for and 94-00198-D, she had a previous conviction in introduced themselves as police officers to the
writing such a demand letter to Mrs. Quingco. Criminal Case No. 94-00199-D, which thereby driver and passenger of the van and informed them
There was nothing in the said letter which showed disqualified her from the benefits of probation. that they committed the crime of reckless
petitioner’s good intention and justifiable motive SANTOS VS. CA (G.R. No. 127899) imprudence and asked for his driver's license. The
for writing the same in order to overcome the FACTS: Petitioner issued fifty-four (54) checks in police noted that Go was on the driver's seat while
legal inference of malice. the total amount of Three Million Nine Hundred Que sat on the passenger's seat.
166 Eighty Nine Thousand One Hundred Seventy-Five The police peered through the window of the van
PROBATION LAW and 10/100 (P3,989,175.10) Pesos, all of which and noticed several sacks placed on the floor at
VICOY VS. PEOPLE OF THE PHILIPPINES checks were dishonored upon presentment to the the back of the van. They opened one of the sacks
FACTS: On August 24, 1995, MTCC of Tagbilaran drawee bank. and noticed that it contained several plastic bags
promulgated a judgment of conviction against On October 12, 1993, the petitioner was charged containing white crystalline substance.
Vicoy for violation of City Ordinance No. 365-B for with fifty-four (54) counts of violation of Batas The arresting officers thereafter forwarded the
peddling fish outside the Agora Public Market and Pambansa Bilang 22 ("BP 22") in fifty-four (54) seized substance to the PNP Crime Laboratory for
of the crime of Resistance and Serious separate Informations, docketed as Criminal Case examination. Each of the nine sacks contained 253
Disobedience To Agents Of A Person In Authority. Nos. 102009 to 102062, respectively, before plastic bags which contained around one kilo of
Petitioner then filed an application for probation Branch 160 of the Regional Trial Court of Pasig the white crystalline substance. Upon
on the same day. On September 18, 1995, City. To the said accusations, petitioner pleaded examination, the substance was found positive for
however, petitioner filed a motion to withdraw her not guilty upon arraignment. After trial, she was methamphetamine hydrochloride or shabu. 5
Both Go and Que claim ignorance about the The Ombudsman found probable cause to indict Accounting Department and requesting for
presence of shabu at the back of the van. petitioner and her brother Jade Ian D. Serana for someone with whom he could talk to regarding the
Issue: Whether appellants are guilty of violation of estafa and filed the case to the Sandiganbayan. assessment.
the Dangerous Drugs Act Petitioner moved to quash the information. She On May 15, 1991, Magat and San Mateo met for
Held: claimed that the Sandiganbayan does not have any lunch at the Makati Sports Club. 8 Chang later
The Supreme Court found appellant Go guilty of jurisdiction over the offense charged or over her joined the two, and the three agreed that if GDI
transporting prohibited drugs, but acquitted person, in her capacity as UP student regent. The could pay P125,000 by the end of May 1991, the
appellant Que. Sandiganbayan denied petitioner’s motion for lack assessment would be "resolved."
It has been established that Go was driving the van of merit. Petitioner filed a motion for During their second meeting, on May 29, 1991,
that carried the contraband at the time of its reconsideration but was denied with finality. petitioners offered GDI that if they could pay
discovery. He was therefore caught in the act of Issue: Whether Sandiganbayan has jurisdiction over P125,000, the tax would be ―settled.‖ Thinking
transporting a regulated drug without authority the estafa case filed against petitioner, a student that it was the right tax assessment, GDI prepared
which is punishable under the Dangerous Drugs regent of UP P125,000 in check. Petitioners made it clear that
Act. Section 15, Article III of the Dangerous Drugs Held: it was not the tax due and gave two options:
Act penalizes "any person who, unless authorized The rule is well-established in this jurisdiction that either to pay the petitioners P125,000 or pay the
by law, shall sell, dispense, deliver, transport or statutes should receive a sensible construction so Municipality P494,000.
distributed any regulated drug." as to avoid an unjust or an absurd conclusion. GDI then alerted the NBI and the petitioners were
To exonerate himself, Go claimed that he was not Every section, provision or clause of the statute caught in an entrapment operation.
aware of the existence of the contraband at the must be expounded by reference to each other in Issue: Whether the petitioners were guilty of
back of the van. We are not persuaded. The crime order to arrive at the effect contemplated by the corrupt practices under Sec. 3(b) of R.A. 3019
under consideration is malum prohibitum. In such legislature. Held: Section 3(b) of the Anti-Graft and Corrupt
case, the lack of criminal intent and good faith do Evidently, from the provisions of Section 4(B) of Practices Act provides: SEC. 3. Corrupt practices
not exempt the accused from criminal liability. P.D. No. 1606, the Sandiganbayan has jurisdiction of public officers. — In addition to acts or
Thus, Go's contention that he did not know that over other felonies committed by public officials in omissions of public officers already penalized by
there were illegal drugs inside the van cannot relation to their office. Plainly, estafa is one of existing law, the following shall constitute corrupt
constitute a valid defense. Mere possession and/or those other felonies. The jurisdiction is simply practices of any public officer and are hereby
delivery of a regulated drug without legal subject to the twin requirements that (a) the declared to be unlawful: xxx xxx xxx
authority is punishable under the Dangerous Drugs offense is committed by public officials and 172
Act employees mentioned in Section 4(A) of P.D. No. (b) Directly or indirectly requesting or receiving
Regarding the criminal liability of appellant Que, 1606, as amended, and that (b) the offense is any gift, present, share, percentage, or benefit,
the Supreme Court acquitted Que. Que had committed in relation to their office. for himself or for any other person, in connection
nothing to do with the loading and transport of the Petitioner falls under the jurisdiction of the with any contract or transaction between the
shabu. Not one reliable eyewitness pointed to him Sandiganbayan, even if she does not have a salary Government and any other party, wherein the
as having been with Go inside the van when it hit grade 27, as she is placed there by express public officer in his official capacity has to
Elmar Cawiling. No less than the Solicitor General provision of law. intervene under the law.
himself entertains doubt on the guilt of Que and Section 4(A)(1)(g) of P.D. No. 1606 explictly vested The elements of violation of Section 3(b) of the
recommends his acquittal. When the prosecution the Sandiganbayan with jurisdiction over Anti-Graft and Corrupt Practices Act are:
itself says it failed to prove Que's guilt, the Court Presidents, directors or trustees, or managers of the offender is a public officer who requested or
should listen and listen hard, lest it locks up a government-owned or controlled received a gift, a present, a share, a percentage,
person who has done no wrong. 171 or a benefit on behalf of the offender or any other
In People v. Pagaura, the Supreme Court made a corporations, state universities or educational person in connection with a contract or
cautionary warning that "the court must be extra institutions or foundations. Petitioner falls under transaction with the government in which the
vigilant in trying drug cases lest an innocent this category. public officer, in an official capacity under the
person is made to suffer the unusually heavy As the Sandiganbayan pointed out, the BOR law, has the right to intervene.
penalties for drug performs functions similar to those of a board of In this case, all the above-stated elements were
169 trustees of a non-stock corporation. By express satisfactorily established by the prosecution.
offenses. In our criminal justice system the mandate of law, petitioner is, indeed, a public Petitioners were undisputedly public officers at
overriding consideration is not whether the court officer as contemplated by P.D. No. 1606. the time of the commission of the offense. Mere
doubts the innocence of the accused but whether Chang v. People denial by the petitioners’ refusal to request
it entertains a reasonable doubt as to his guilt. Facts: anything from GDI to settle its assessed deficiency
170 Petitioner Roberto Estanislao Chang (Chang) was is contrary to evidence since San Mateo met Magat
ANTI-GRAFT & CORRUPT PRACTICES the Municipal Treasurer of Makati who was tasked on various meetings to negotiate the settlement of
Serena v. Sandiganbayan to, among other things, examine or investigate tax the assessed deficiency tax. Petitioners told to
Facts: returns of private corporations or companies Magat that GDI only had two options to prevent
Petitioner Hannah Eunice D. Serana was a senior operating within Makati, and determine the the closure of the company, either to pay the
student of the UP-Cebu. She was appointed by sufficiency or insufficiency of Income Tax assessed assessed amount of P494,601 to the Municipality,
then President Joseph Estrada on December 21, on them and collect payments therefor. Petitioner or pay the amount of P125,000 to them.
1999 as a student regent of UP, to serve a Pacifico San Mateo was the Chief of Operations, Furthermore, the prosecution was able to establish
one-year term starting January 1, 2000 and ending Business Revenue Examination, Audit Division, beyond reasonable doubt the presence of
on December 31, 2000. Makati Treasurer's Office. conspiracy between San Mateo and Chang. The
On September 4, 2000, petitioner, with her Makati Treasurer's Office examiners Vivian Susan burden of the evidence having shifted to him, it
siblings and relatives, registered with the SEC the Yu and Leonila Azevedo conducted an examination was incumbent for Chang to present evidence to
Office of the Student Regent Foundation, Inc. of the books of accounts and other pertinent controvert the prosecution evidence. He opted not
(OSRFI). One of the projects of the OSRFI was the records of GDI, and found that GDI incurred a tax to, however. He is thus deemed to have waived his
renovation of the Vinzons Hall Annex. deficiency inclusive of penalty in the total amount right to present evidence in his defense.
President Estrada gave P15,000,000 to the OSRFI of P494,601. 173
as financial assistance for the proposed The Office of the Treasurer thus issued an Initial ILLEGAL POSSESSION
renovation. The source of the funds was the Office Assessment Notice dated January 25, 1991 to GDI Sayco vs People
of the President. However, the renovation of for it to pay the tax deficiency within four days Facts: Petitioner is a planter who was recruited to
Vinzons Hall Annex failed to materialize. from receipt. assist in the counter-insurgency campaign of the
The succeeding student regent, Kristine Clare No word having been received by the Office of the AFP. He offered no evidence that he is in the
Bugayong, and Christine Jill De Guzman, Secretary Treasurer from GDI, it issued a Second Assessment regular plantilla of the AFP or that he is receiving
General of the KASAMA sa U.P., a system-wide Notice 6 dated February 14, 1991, reminding GDI regular compensation from said agency. He
alliance of student councils within the state to settle the amount due within three days from presented the following evidence: 1. Memorandum
university, consequently filed a complaint for receipt. Receipt for Equipment; 2. Mission Orders. He was
Malversation of Public Funds and Property with the The assessment notices were personally received convicted of illegal possession of firearms.
Office of the Ombudsman. by Mario Magat, Chief Operating Officer of GDI, in Sayco insists that he is a confidential agent of the
April 1991. Magat was later able to talk via Armed Forces of the Philippines (AFP), and it was
telephone to San Mateo who had been calling GDI's in that capacity that he received the subject
firearm and ammunitions from the AFP. As said Appellants immediately fled by scaling the fence Fifteen Thousand pesos (P15,000) shall be imposed
firearm and ammunitions are government property of a nearby school. upon any person who shall unlawfully
duly licensed to the Intelligence Security Group The object, which turned out to be a hand manufacture, deal in, acquire, dispose, or possess
(ISG) of the AFP, the same could not be licensed grenade, exploded ripping a hole in the roof of the any low powered firearm, such as rimfire handgun,
under his name, instead, what he obtained were a house. Robber Agbanlog and his companions were .380 or .32 and other firearm of similar firepower,
Memorandum Receipt and a Mission Order whereby hit by shrapnel and slumped unconscious on the part of firearm, ammunition, or machinery, tool or
ISG entrusted to him the subject firearm and floor. They were all rushed to the hospital for instrument used or intended to be used in the
ammunitions and authorized him to carry the same medical treatment. However, Robert Agbanlog manufacture of any firearm or ammunition.
around Bacolod City. Petitioner further argues that died before reaching the hospital for wounds Provided, that no other crime was committed x x x
he merely acted in good faith when he relied on sustained which the grenade explosion inflicted. x If homicide or murder is committed with the use
the Memorandum Receipt and Mission Order for Robert’s companions sustained shrapnel injuries. of an unlicensed firearm, such use of an
authority to carry said firearm and ammunitions; The appellants were arrested the following day but unlicensed firearm shall be considered as an
thus, it would be a grave injustice if he were to be denied any participation in the incident, claimed aggravating circumstance.
punished for the deficiency of said documents. they were elsewhere when the incident occurred Issue: WON the use of unlicensed firearm can be
Issue: WON the petitioner, who is not in the and that they had no animosity towards the appreciated as a speacial aggravating
regular plantilla of the AFP nor receive regular victims whatsoever. circumstance in the instant case
compensation from AFP is licensd to carry the After trial, the court a quo convicted appellants of Held: The use of an unlicensed firearm cannot be
subject firearm and ammunition. the complex crime of Murder with Multiple considered however as a special aggravating
Held: Sayco cannot be considered a regular civilian Attempted Murder for having conspiring, circumstance in Crim. Case No. 23-498 and Crim.
agent but a mere confidential civilian agent. As confederating and mutually helping one another, Case No. 23-494. For one, it was not alleged as an
such, he was not authorized to receive the subject with intent to kill and by means of treachery and aggravating circumstance in the Informations for
government-owned firearm and ammunitions. The with the use of an explosive. murder and frustrated murder which is necessary
memorandum receipt he signed to account for said Issue: Whether or not the use of explosive qualifies under our present Revised Rules of Criminal
government properties did not legitimize his the crime to murder? Procedure. Moreover, even if alleged, the
possession thereof. The rules governing Whether or not appellants conspired to kill the circumstance cannot be retroactively applied to
memorandum receipts and mission orders covering victims? prejudice accused- appellant; it must be stressed
the issuance to and the possession and/or carrying Held: Yes, the killing by means of explosives that. In any event, as correctly observed by the
of government- owned firearms by special or qualifies the crime to murder. The information Solicitor General, there is no evidence proving the
confidential civilian agents may be synthesized as alleges that both treachery and the ―use of illicit character of the .38 cal. revolver used by
follows: explosive attended the crime. appellant in killing Mayolito Cabatu and in trying
First, special or confidential civilian agents who Since both circumstances can qualify the killing to to kill Florencia Cabatu, as to which requisite of
are not included in the regular plantilla of any murder under Article 248 of the Revised Penal the crime the record is eerily silent.
government agency involved in law enforcement or Code, the Supreme Court held that when the The foregoing amendments obviously blur the
receiving regular compensation for services killing is perpetrated with treachery and by means distinctions between murder and homicide on one
rendered are not exempt from the requirements of explosives, the latter shall be considered as a hand, and qualified illegal possession of firearms
under P.D. No. 1866, as amended by R.A. No. qualifying circumstance. Not only does used in murder or homicide on the other. We have
8294, of a regular license to possess firearms and a jurisprudencesupport this view but also, since the declared that the formulation in RA 8294, i.e., "[i]f
permit to carry the same outside of residence; use of explosives is the principal mode of attack, homicide or murder is committed with the use of
Second, said special or confidential civilian agents reason dictates that this attendant circumstance an unlicensed firearm, such use of an unlicensed
are not qualified to receive, obtain and possess should qualify the offense instead of treachery firearm shall be considered as an aggravating
government-owned firearms. Their ineligibility will which will then be relegated merely as a generic circumstance," signifies a legislative intent to treat
not be cured by the issuance of a memorandum aggravating circumstance. as a single offense the illegal possession of
receipt for equipment covering said No, there was no conspiracy. The undisputed facts firearms and the commission of murder or
government-owned firearms. Neither will they show that when Antonio Comadre was in the act of homicide with the use of an unlicensed firearm.
qualify for exemption from the requirements of a throwing the hand grenade, George Comadre and Thus where an accused used an unlicensed firearm
regular firearms license and a permit to carry Danilo Lozano merely looked on without uttering a in committing homicide or murder, he may no
firearms by the mere issuance to them of a single word of encouragement or performed any longer be charged with what used to be the two
government-owned firearms covered by a act to assist him. (2) separate offenses of homicide or murder under
memorandum receipt; and A conspiracy must be established by positive and The Revised Penal Code and qualified illegal
Third, said special or confidential civilian agents conclusive evidence. It must be shown to exist as possession of firearms used in homicide or murder
do not qualify for mission orders to carry firearms clearly and convincingly as the commission of the under PD 1866; in other words, where murder or
(whether private- owned or government-owned) crime itself. Mere presence of a person at the homicide was committed, the penalty for illegal
outside of their residence. scene of the crime does not make him a possession of firearms is no longer imposable since
The foregoing rules do not apply to special or conspirator for conspiracy transcends it becomes merely a special aggravating
confidential civilian agents in possession of or companionship. circumstance.
bearing private-owned firearms that are duly The evidence shows that George Comadre and 176
licensed and covered by permits to carry the same Danilo Lozano did not have any participation in the ANTI-PIRACY (PD 532)
outside of residence. Set against the foregoing commission of the crime and must therefore be set PEOPLE vs. AGOMO-O (G.R. No. 131829)
rules, it is clear that petitioner is not authorized free. Their mere presence at the scene of the Facts: On the evening of September 22, 1993, a
to possess and carry the subject firearm and crime as well as their close relationship with passenger jeepney driven was stopped by three
ammunition, notwithstanding the memorandum Antonio are insufficient to establish conspiracy men, among them was the accused in this case,
receipt and mission order which were illegally considering that they performed no positive act in Ronnie Agomo-o, who, armed with a gun,
issued to him. furtherance of the crime. There being no announced a hold-up and ordered the driver to
174 conspiracy, only Antonio Comadre must answer for turn off the engine.
People v. Comadre (G.R. No. 153559) the crime. As a consequence of gunshots fired during the
Facts: At around 7:00 o’clock in the evening of 175 hold-up, the driver of the jeep died while few of
August 6, 1995, Robert Agbanlog, Jimmy Wabe, People vs Tadeo its passengers were wounded.
Gerry Bullanday, Rey Camat and Lorenzo Eugenio Facts: RA 8294 took effect only on 6 July 1994 Issue: Whether or not accused-appellants are
were having a drinking spree on the terrace of the while the crimes involved herein were committed guilty of highway robbery?
house of Robert’s father, Jaime Agbanlog. Jaime on 4 November 1993. Said RA decriminalized Held: Highway robbery is now governed by P.D.
was seated on the banister of the terrace listening violations of PD 1866 where the unlicensed firearm No. 532, otherwise known as the Anti-Piracy and
to the conversation of the companions of his son. is used in carrying out the commission of other Anti-Highway Robbery Law of 1974. This law
As the drinking session went on, Robert and the crimes - provides:
others noticed appellants Antonio Comadre, Sec. 1. Unlawful Manufacture, Sale, Acquisition, Sec. 2. (e). Highway Robbery/Brigandage. — The
George Comadre and Danilo Lozano walking. The Disposition or Possession of Firearms or seizure of any person for ransom, extortion or
three stopped in front of the house. While his Ammunition or Instruments Used or Intended to be other unlawful purposes, or the taking away of the
companions looked on, Antonio suddenly lobbed an Used in the Manufacture of Firearms or property of another by means of violence against
object which fell on the roof of the terrace. Ammunition. - The penalty of prision correccional or intimidation of person or force upon things or
in its maximum period and a fine of not less than
other unlawful means, committed by any person 178 dated January 15, 1992 in the amount of P365,750
on any Philippine highway. BATAS PAMBANSA BLG. 22 and Metrobank check no. 464743 dated January
In the case of People v. Puno, it was held that P.D. GARCIA VS. CA G.R. No. 138197 22, 1992 in the amount of P429,000. Check no.
No. 532 amended Art. 306 of the Revised Penal FACTS: Sometime in 1994, petitioner Ma. Eliza C. 464728 was dishonored upon presentment for
Code and that it is no longer required that there Garcia introduced herself as a stockbroker to having been drawn against insufficient funds while
be at least four armed persons forming a band of private complainant Carl Valentin and convinced check no. 464743 was not presented for payment
robbers. The number of offenders is no longer an him to invest in the stock market. Consequently, upon request of petitioners who promised to
essential element of the crime of highway robbery. Garcia purchased and sold shares of stocks for the replace the dishonored check.
Hence, the fact that there were only three account of Valentin as evidenced by the purchase An Information for the crime of estafa was filed
identified perpetrators is of no moment. P.D. No. and sale confirmation slips issued to him by with the RTC against petitioners. Thereafter, the
532 only requires proof that persons were petitioner. trial court issued a warrant for the arrest of herein
organized for the purpose of committing highway In the course of their business dealings, petitioner petitioners,
robbery indiscriminately. "The robbery must be Garcia issued to private complainant Valentin, two Petitioner Jovencio Lim was arrested by virtue of
directed not only against specific, intended or checks drawn against City Trust Banking the warrant of arrest issued by the trial court and
preconceived victims, but against any and all Corporation . Both checks were payable to private was detained at the Quezon City Jail. However,
prospective victims." In this case, the accused, complainant. Upon presentment of the checks for petitioner Teresita Lim remained at large.
intending to commit robbery, waited at the payment, the drawee bank dishonored them for Petitioners contend that, (by virtue of BP22)
Barangay Mapili crossing for any vehicle that would the reason "account closed..". Valentin notified inasmuch as the amount of the subject check is
happen to travel along that road. The driver petitioner of the dishonor and the latter promised P365,750, they can be penalized with reclusion
Rodito Lasap and his passengers were not to pay the value thereof within a period of three perpetua or 30 years of imprisonment. This
predetermined targets. Rather, they became the (3) months. Thereafter, petitioner gave Carl penalty, according to petitioners, is too severe and
accused's victims because they happened to be Valentin a check in the amount of P100,000. disproportionate to the crime they committed and
traveling at the time when the accused were However, the said check bounced. infringes on the express mandate of Article III,
there. There was, thus, randomness in the Despite repeated demands, petitioner failed to Section 19 of the Constitution which prohibits the
selection of the victims, or the act of committing pay her obligation.Thus, private complainant file infliction of cruel, degrading and inhuman
robbery indiscriminately, which differentiates this an action against her in the Metropolitan Trial punishment.
case from that of a simple robbery with homicide. Court of Pasig City, Branch 69 for violation of B.P. ISSUE: Whether or not PD 818 violates the
177 22. constitutional provisions on due process, bail and
PEOPLE vs. CERBITO (G. R. No. 126397) After trial, the Metropolitan Trial Court of Pasig imposition of cruel, degrading or inhuman
Facts: On the 3rd day of September 1992 at around City rendered a verdict of conviction.On appeal, punishment.
2:20 p.m. the passengers of a Philippine Rabbit the Regional Trial Court in Pasig City affirmed the HELD: The Court upholds the constitutionality of
Bus travelling on the North Expressway on its way lower court’s decision. PD 818RATIO
to Manila were victimized in a hold- up committed Petitioner elevated the case to the Court of RATIO
by four men who boarded the bus as it was Appeals by way of petition for review which the PD 818 section 1 provides;
approaching the Tabang tollgate. A policeman who respondent court denied in the first assailed SECTION 1. Any person who shall defraud another
was a passenger in the bus shot one of the decision, affirming the trial court’s decision. by means of false pretenses or fraudulent acts as
holduppers. The policeman was shot in turn by ISSUE: Whether petitioner Ma. Eliza C. Garcia has defined in paragraph 2(d) of Article 315 of the
another holdupper; the policeman died. been erroneously convicted and sentenced for Revised Penal Code, as amended by Republic Act
After these accused divested her co-passengers of violation of the Bouncing Checks Law (Batas No. 4885, shall be punished by:
their cash and belongings, Jimboy pointed the gun Pambansa Bilang 22). 1st. The penalty of reclusion temporal if the
to the driver and Vicente Acedera was also near HELD: Yes. The elements of the violation of B.P. amount of the fraud is over 12,000 pesos but does
him was seated at the right side of the driver, 22 are: (1) the accused makes, draws, or issues not exceed 22,000 pesos, and if such amount
while Cerbito was divesting all passengers. any check to apply on account or for value; (2) the exceeds the later sum, the penalty provided in this
The accused raised the defense of denial and alibi. accused knows at the time of issue that he does paragraph shall be imposed in its maximum period,
The lower court convicted the accused guilty not have sufficient funds in or credit with the adding one year for each additional 10,000 pesos
beyond reasonable doubt of the crime of robbery drawee bank for the payment of such check in full but the total penalty which may be imposed shall
with homicide penalized under PD 532. upon its presentment; and (3) the check is in no case exceed thirty years. In such cases, and
Issue: Whether or not the accused-appellants were subsequently dishonored by the drawee bank for in connection with the accessory penalties which
correctly convicted by the lower court of the insufficiency of funds or credit or would have been may be imposed under the Revised Penal Code,
crime of robbery with homicide under PD532. dishonored for the same reason had not the the penalty shall be termedreclusion perpetua;
Held: After a careful examination of the entire drawer, without any valid reason, ordered the 2nd. The penalty of prision mayor in its maximum
evidence, the SC resolved to affirm the judgment bank to stop payment. 14 We find the foregoing period, if the amount of the fraud is over 6,000
of conviction. SC agreed with the trial court’s elements present in this case. Petitioner issued pesos but does not exceed 12,000 pesos.
rejection of the defense of alibi for the reason City Trust Check No. 057066, dated January 8, 3rd. The penalty of prision mayor in its medium
that said defense cannot prevail over the positive 1996, in the amount of P323,113.50 and payable to period, if such amount is over 200 pesos but does
identification made by the two eyewitnesses Carl Valentin, representing proceeds of his stock not exceed 6,000 pesos; and
presented by the prosecution. Confronted with market investments which she brokered. She also 4th. By prision mayor in its minimum period, if
contradictory declarations and statements, the issued for the same purpose City Trust Check No. such amount does not exceed 200 pesos.
trial court cannot be faulted for giving greater 057067, dated January 24, 1996, in the amount of 180
weight to the positive testimonies of the witnesses P146,886.50 also payable to Carl Valentin. It is Settled is the rule that a punishment authorized by
who have not been shown to have any motive to undisputed that she did not have sufficient funds statute is not cruel, degrading or disproportionate
falsely implicate the accused-appellants, and to cover the checks at the time she issued it. The to the nature of the offense unless it is flagrantly
whose credibility has not been placed in doubt. checks, which were deposited on the date and plainly oppressive and wholly disproportionate
Alibi has generally been regarded with disfavor by indicated on each, were subsequently dishonored to the nature of the offense as to shock the moral
the court because it is easily fabricated and we because the account from which the money should sense of the community. It takes more than merely
have no reason to deviate from this rule. have been drawn against was closed by petitioner. being harsh, excessive, out of proportion or severe
Highway robbery/brigandage is defined in Section Despite demands made on her by private for a penalty to be obnoxious to the Constitution.
2(e) of P. D. 532 entitled "Anti-Piracy and complainant to pay the value of the check, Based on this principle, the Court has consistently
Anti-Highway Robbery Law" as "(t)he seizure of any petitioner failed to pay. Neither did she make overruled contentions of the defense that the
person for ransom, extortion or other unlawful arrangements for payment in full of the checks by penalty of fine or imprisonment authorized by the
purposes, or the taking away of the property of the bank within five banking days after notice of statute involved is cruel and degrading.
another by means of violence against or dishonor so as to absolve her of any liability for Petitioners also argue that while PD 818 increased
intimidation of person or force upon things or issuing a bouncing check. the imposable penalties for estafa committed
other unlawful means, committed by any person 179 under Article 315, par. 2 (d) of the Revised Penal
on any Philippine Highway." The robbery must be LIM vs. PEOPLE Code, it did not increase the amounts
directed not only against specific, intended or GR. 149276. September 27, 2002 corresponding to the said new penalties. Thus, the
preconceived victims, but against any and all FACTS: In December 1991, petitioner spouses original amounts provided for in the Revised Penal
prospective victims. All the above elements were issued to private respondent two postdated Code have remained the same notwithstanding
established. checks, namely, Metrobank check no. 464728
that they have become negligible and insignificant sufficient funds inor credit with the drawee bank bag and the bottom of the other were slashed
compared to the present value of the peso. for the payment of the check in full upon its open. Found inside, sandwiched between thin
Clearly, the increase in the penalty, far from being presentment; and (3) the subsequent dishonor of plastic slabs attached to the upper and lower sides
cruel and degrading, was motivated by a laudable the check by the drawee bank for insufficiency of of one bag, and forming the false bottom of the
purpose, namely, to effectuate the repression of funds or credit or dishonor for the same reason other, were 12 rectangular bricks and 1 square
an evil that undermines the country’s commercial had not the drawer, without any valid cause, brick of dark brown materials, each with a
and economic growth, and to serve as a necessary ordered the bank to stop payment. There is thickness of about 1/3 of an inch. Their total
precaution to deter people from issuing bouncing deemed to be a prima facie evidence of knowledge weight was 5.6 kilos.
checks. The fact that PD 818 did not increase the on the part of the maker, drawer or issuer of During his investigation, the accused was observed
amounts corresponding to the new penalties only insufficiency of funds in or credit with the drawee to be walking in an uneasy manner. Suspecting
proves that the amount is immaterial and bank of the check issued if the dishonored check is that there was something hidden in his shoes, the
inconsequential. What the law sought to avert was presented within 90 days from the date of the investigator requested Burton to remove his shoes
the proliferation of estafa cases committed by check and the maker or drawer fails to pay to which the accused consented. Retrieved from
means of bouncing checks. Taking into account the thereon or to make arrangement with the drawee inside the shoes, hidden between their soles and
salutary purpose for which said law was decreed, bank for that purpose. The statute has created the the upper covers, were four (4) blocks, each about
we conclude that PD 818 does not violate Section prima facie presumption evidently because one-fourth (1/4) of an inch thick, of the same dark
19 of Article III of the Constitution. "knowledge" which involves a state of mind would brown substance shaped according to the contour
Moreover, when a law is questioned before the be difficult to establish. The presumption does not of the soles of the shoes. The articles taken from
Court, the presumption is in favor of its hold, however, when the maker, drawer or issuer the two bags and from the pair of shoes of the
constitutionality. To justify its nullification, there of the check pays the holder thereof the amount accused were suspected to be marijuana or
must be a clear and unmistakable breach of the due thereon or make sarrangement for payment in 'hashish' by the Customs and the police
Constitution, not a doubtful and argumentative full by the drawee bank of such check within 5 investigators. Representative samples of the
one. The burden of proving the invalidity of a law banking days after receiving notice that such substance were referred to the National Bureau of
rests on those who challenge it. In this case, check has not been paid by the drawee bank Investigation (NBI) for examination.
petitioners failed to present clear and convincing 182 The NBI Forensic Chemistry Division and the
proof to defeat the presumption of Anti-Wire Tapping PNP-Crime Laboratory Service found the materials
constitutionality of PD 818. Navarro v. CA to be 'hashish', a derivative of marijuana. This
With respect to the issue of whether PD 818 Facts: Two local media men, Stanley Jalbuena, substance is a prohibited drug. (Sec. 2(e)(1 )(i),
infringes on Section 1 of Article III of the Enrique Lingan went to the police station to report Republic Act No. 6425)"
Constitution, petitioners claim that PD 818 is an alledged indecent show in one of the night Appellant William Robert Burton, a British
violative of the due process clause of the establishment in the City. At the station, a heated national, was convicted by the Regional Trial Court
Constitution as it was not published in the Official confrontation followed between Lingan and of Pasay City, for attempting to transport 5.6
Gazette. This claim is incorrect and must be Navarro who was then having drinks outside the kilograms of hashish, a prohibited drug, through
rejected. Publication, being an indispensable part headquarters. Lingan was hit by the handle of the the Ninoy Aquino International Airport.
of due process, is imperative to the validity of accused's gun below the left eyebrow, followed by Issue: Whether there is animus possidendi of
laws, presidential decrees and executive orders. a fist blow which resulted in his death. The prohibited drugs to convict appellant under PD
PD 818 was published in the Official Gazette on exchange of words was recorded on tape, 1675
December 1, 1975. specifically the frantic exclamations made by Held:
181 Navarro after the altercation that it was the victim Section 4 of Article II of the Dangerous Drugs Act
Domagsang v. CA who provoked the fight. During the trial, Jalbuena of 1972, as amended by Presidential Decree No.
Facts: The petitioner was convicted of 18 counts testified and presented in evidence the voice 1675 penalizes the acts of selling, administering,
of violation of BP22. It would appear that the recording he had made of the heated discussion at delivering, giving away to another, distributing,
petitioner approached complainant Ignacio Garcia, the police station between the police officer dispatching in transit or transporting any
an AssistantVice President of METROBANK, to ask Navarro and the deceased, Lingan, which was prohibited drug. While sale and delivery are given
for financial assistance. Garcia accommodated taken without the knowledge of the two. technical meanings under said Act, transportation,
petitioner and gave him a loan in the sum of Issue: Whether or not the voice recording is distribution and dispensation are not defined.
P573,800.00. In exchange, the petitioner issued admissible in evidence in view of RA 4200, which However, in indictments for violation of said
and delivered to the complainant 18 postdated prohibits wire tapping. provision, the prosecution must establish by clear
checks for the repayment of the loan. When the Held: Yes. The law prohibits the overhearing, and convincing evidence that the accused
checks were, in time, deposited, the instruments intercepting, or recording of private committed any of said unlawful acts at a particular
were all dishonored by the drawee bank for this communications (Ramirez v Court of Appeals, 248 time, date and place.
reason: ―Account closed.‖ The complainant SCRA 590 [1995]). Snce the exchange between Knowledge refers to a mental state of awareness
demanded payment allegedly by calling up petitioner Navarro and Lingan was not private, its of a fact. Since courts cannot penetrate the mind
petitioner at her office. Failing to receive any tape recording is not prohibited. of an accused and thereafter state its perceptions
payment for the value of the dishonored checks, 183 with certainty, resort to other evidence is
the complainant referred the matter to his lawyer DANGEROUS DRUG ACT necessary. Animus possidendi, as a state of mind,
who supposedly wrote petitioner a letter of People v. Burton may be determined on a case-to-case basis by
demand but that the latter ignored the demand. Facts: taking into consideration the prior or
During trial, the notice of dishonor was not offered In the evening of December 26, 1992, appellant contemporaneous acts of the accused, as well as
in evidence. William Burton y Robert, a British national, the surrounding circumstances. Its existence may
Issue: Whether or not conviction of a violation of checked in at the Ninoy Aquino International and usually must be inferred from the attendant
BP 22 is proper. Airport (NAIA), Pasay City, for his trip to Sydney, events in each particular case.
Held: The conviction is not proper. Penal statutes Australia. In this case, the Supreme Court held that
are strictly construed against the State. In this The appellant had two pieces of luggage with him appellant has animus possidendi of prohibited
case, a demand letter was sent by a counsel of the which he passed through the x-ray machine at the drugs at the time of the arrest. Appellant’s excuse
complainant because of the failure of the departure area of the airport. However, the is undeserving of credence as it is contrary to
prosecution to formally offer it in evidence. Courts machine showed certain portions of the sidings of common experience. The
are bound to consider as part of the evidence only one bag and the bottom of the other to be dark in
those which are formally offered for judges must color, making its operator to suspect that Court also finds incredible appellant's allegation
base their findings strictly on the evidence something illegal was inside them. Upon the that he had no idea that the luggage and rubber
submitted by the parties at the trial. Without the request of the Customs examiner in the NAIA to shoes he "purchased" from a certain John Parry
written notice of dishonor, there can be no basis whom the x-ray finding was referred, appellant contained prohibited drugs. A mere
for establishing the presence of "actual knowledge removed all his belongings from the travelling uncorroborated claim of the accused that he did
of insufficiency of funds." bags. The two bags of the accused were then not know that he had a prohibited drug in his
The law enumerates the elements of the crime to subjected to another x-ray examination. The same possession is insufficient. Any evasion, false
be the following: (1) the making, drawing and finding was revealed. statement, or attempt at concealment on his part,
issuance of any check to apply for account or for The appellant, together with his two pieces of in explaining how the drug came into his
value; (2) the knowledge of the maker, drawer, or baggage, was brought to the Customs Office at the possession, may be considered in determining his
issuer that at the time of issue he does not have NAIA, where, with his consent, the sidings of one guilt.
The 5.6 kilos of hashish cleverly and painstakingly
concealed inside appellant's luggage and rubber
shoes can be said to be in the possession and
control of appellant with his knowledge. Not only
were the blocks and bars of the prohibited drug of
a considerable amount, but they were placed
inside three different objects in order to escape
detection by the authorities.
In several cases, the Court has held that possession
of a considerable quantity of marijuana cannot
indicate anything except the intention of the
accused to sell, distribute and deliver said
prohibited drug.
Similarly, in the case People vs. Alfonso, the Court
disregarded a similar excuse, saying that if it were
true that the accused was not really the owner
and that he simply accepted the errand from one
who was not even a friend, the explanation,
standing by itself, is too trite and hackneyed to be
accepted at its face value, since it is obviously
contrary to human experience.