001 DIGESTS 1 Crim

G.R. No.
125865 March 26, 2001

JEFFREY LIANG (HUEFENG) vs. PEOPLE OF THE PHILIPPINES
Nature:
Petition for review on certiorari of a decision of the Regional Trial Court of Pasig
City, Br. 160.
Facts:
Petitioner is an economist for ADB who was charged by the MeTC of

Mandaluyong City for allegedly uttering defamatory words against her fellow
worker with counts of grave oral defamation. MeTC judge then received an office
of protocol from the Department of Foreign Affairs, stating that petitioner is
covered by immunity from legal process under section 45 of the Agreement
between ADB and the Philippine government.
MeTC judge, w/o notice, dismissed the two criminal cases.
Prosecution filed a writ of mandamus and a certiorari and ordered the MeTC to
enforce the warrant of arrest.
Issues:
1. WON the petitioner is covered by immunity under the stated

agreement;
Held: No
Ratio:
He is not covered by immunity because the commission of a crime is part of the

performance of official duty.
Courts cannot blindly adhere and take on its face the communication from the
DFA that a certain person is covered by immunity. That a person is covered by
immunity is preliminary. Due process is right of the accused as much as the
prosecution.
Slandering a person is not covered by the Agreement because our laws do not
allow the commission of a crime such as defamation in the name of official duty.
Under the Vienna convention on Diplomatic Relations, commission of a crime is

not part of official duty.
2. WON there was a preliminary investigation held before the criminal

cases were filed in court.
HELD: No
Preliminary investigation isn’t a matter of right in cases cognizable by the MeTC

such as the one at bar.
Being purely a statutory right, preliminary investigation may be invoked only when
specifically granted by law.
The rule on criminal procedure is clear than no preliminary investigation is required

in cases falling within the jurisdiction of the MeTC.
The absence of preliminary investigation doesn’t affect the court’s jurisdiction nor
does it impair the validity of the information or otherwise render it defective.
G.R. No. 148560 November 19, 2001

JOSEPH EJERCITO ESTRADA vs. SANDIGANBAYAN (Third Division) and
PEOPLE OF THE PHILIPPINES
Issues:
1. WON Plunder Law is unconstitutional for being vague
HELD : NO
As long as the law affords some comprehensible guide or rule that would
inform those who are subject to it what conduct would render them liable to its
penalties, its validity will be sustained. The amended information itself closely
tracks the language of law, indicating w/ reasonable certainty the various
elements of the offense w/c the petitioner is alleged to have committed.
We discern nothing in the foregoing that is vague or ambiguous that will

confuse petitioner in his defense.
Petitioner however bewails the failure of the law to provide for the statutory
definition of the terms “combination” and “series” in the key phrase “a
combination or series of overt or criminal acts. These omissions, according to
the petitioner, render the Plunder Law unconstitutional for being
impermissibly vague and overbroad and deny him the right to be informed of
the nature and cause of the accusation against him, hence violative of his
fundamental right to due process.
A statute is not rendered uncertain and void merely because general terms are
used herein, or because of the employment of terms without defining them.
A statute or act may be said to be vague when it lacks comprehensible

standards that men of common intelligence most necessarily guess at its
meaning and differ in its application. In such instance, the statute is repugnant
to the Constitution in two (2) respects – it violates due process for failure to
accord persons, especially the parties targeted by it, fair notice of what
conduct to avoid; and, it leaves law enforcers unbridled discretion in carrying
out its provisions and becomes an arbitrary flexing of the Government muscle.
A facial challenge is allowed to be made to vague statute and to one which is

overbroad because of possible “chilling effect” upon protected speech. The
possible harm to society in permitting some unprotected speech to go
unpunished is outweighed by the possibility that the protected speech of other
may be deterred and perceived grievances left to fester because of possible
inhibitory effects of overly broad statutes. But in criminal law, the law cannot
take chances as in the area of free speech.
2. WON the Plunder Law requires less evidence for providing the predicate
crimes of plunder and therefore violates the rights of the accused to due
process
HELD: NO
Sec. 4 (Rule of Evidence) states that: For purposes of establishing the crime of
plunder, it shall not be necessary to prove each and every criminal act done by
the accused in furtherance of the scheme or conspiracy to amass, accumulate
or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable
doubt a pattern of overt or criminal acts indicative of the overall unlawful
scheme or conspiracy.
In a criminal prosecution for plunder, as in all other crimes, the accused always
has in his favor the presumption of innocence guaranteed by the Bill of Rights,
and unless the State succeeds in demonstrating by proof beyond reasonable
doubt that culpability lies, the accused is entitled to an acquittal.
The “reasonable doubt” standard has acquired such exalted stature in the
realm of constitutional law as it gives life to the Due Process Clause which
protects the accused against conviction except upon proof of reasonable
doubt of every fact necessary to constitute the crime with which he is charged.
Not everything alleged in the information needs to be proved beyond

reasonable doubt. What is required to be proved beyond reasonable doubt is
every element of the crime charged—the element of the offense.
Relative to petitioner’s contentions on the purported defect of Sec. 4 is his

submission that “pattern” is a “very important element of the crime of
plunder;” and that Sec. 4 is “two-pronged, (as) it contains a rule of evidence
and a substantive element of the crime, “ such that without it the accused
cannot be convicted of plunder –
We do not subscribe to petitioner’s stand. Primarily, all the essential elements

of plunder can be culled and understood from its definition in Sec. 2, in relation
to sec. 1 par. (d). Sec. 4 purports to do no more than prescribe a rule of
procedure for the prosecution of a criminal case for plunder. Being a purely
procedural measure, Sec. 4 does not define or establish any substantive right
in favor of the accused but only operated in furtherance of a remedy.
What is crucial for the prosecution is to present sufficient evidence to engender

that moral certitude exacted by the fundamental law to prove the guilt of the
accused beyond reasonable doubt.
3. WON Plunder as defined in RA 7080 is a malum prohibitum, and if so,

whether it is within the power of Congress to so classify it.
HELD: NO
It is malum in se which requires proof of criminal intent. Precisely because the

constitutive crimes are mala in se the element of mens rea must be proven in a
prosecution for plunder. It is noteworthy that the amended information alleges
that the crime of plunder was committed “willfully, unlawfully and criminally.”
It thus alleges guilty knowledge on the part of petitioner.
In support of his contention In support of his contention that the statute

eliminates the requirement of mens rea and that is the reason he claims the
statute is void, petitioner cites the following remarks of Senator Tañada made
during the deliberation on S.B. No.733
Senator Tañada was only saying that where the charge is conspiracy to commit
plunder, the prosecution need not prove each and every criminal act done to
further the scheme or conspiracy, it being enough if it proves beyond
reasonable doubt a pattern of overt or criminal acts indicative of the overall
unlawful scheme or conspiracy. As far as the acts constituting the pattern are
concerned, however, the elements of the crime must be proved and the
requisite mens rea must be shown.
The application of mitigating and extenuating circumstances in the Revised

Penal Code to prosecutions under the Anti-Plunder Law indicates quite clearly
that mens rea is an element of plunder since the degree of responsibility of the
offender is determined by his criminal intent.
Finally, any doubt as to whether the crime of plunder is a malum in se must be

deemed to have been resolved in the affirmative by the decision of Congress in
1993 to include it among the heinous crimes punishable by reclusion perpetua
to death.
The evil of a crime may take various forms. There are crimes that are, by their
very nature, despicable, either because life was callously taken or the victim is
treated like an animal and utterly dehumanized as to completely disrupt the
normal course of his or her growth as a human being.
There are crimes however in which the abomination lies in the significance and
implications of the subject criminal acts in the scheme of the larger socio-
political and economic context in which the state finds itself to be struggling to
develop and provide for its poor and underprivileged masses.
The legislative declaration in R.A. No.7659 that plunder is a heinous offense

implies that it is a malum in se. For when the acts punished are inherently
immoral or inherently wrong, they are mala in se and it does not matter that
such acts are punished in a special law, especially since in the case of plunder
the predicate crimes are mainly mala in se.
Held:
Supreme Court holds that RA 7080 otherwise known as the Plunder Law, as
amended by RA 7659, is CONSTITUTIONAL.

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G.R. No.

125865 March 26, 2001

Petitioner is an economist for ADB who was charged by the MeTC of

MeTC judge, w/o notice, dismissed the two criminal cases.

1. WON the petitioner is covered by immunity under the stated

He is not covered by immunity because the commission of a crime is part of the

Under the Vienna convention on Diplomatic Relations, commission of a crime is

2. WON there was a preliminary investigation held before the criminal

Preliminary investigation isn’t a matter of right in cases cognizable by the MeTC

The rule on criminal procedure is clear than no preliminary investigation is required

G.R. No. 148560 November 19, 2001

1. WON Plunder Law is unconstitutional for being vague

We discern nothing in the foregoing that is vague or ambiguous that will

A statute or act may be said to be vague when it lacks comprehensible

A facial challenge is allowed to be made to vague statute and to one which is

Not everything alleged in the information needs to be proved beyond

Relative to petitioner’s contentions on the purported defect of Sec. 4 is his

We do not subscribe to petitioner’s stand. Primarily, all the essential elements

What is crucial for the prosecution is to present sufficient evidence to engender

3. WON Plunder as defined in RA 7080 is a malum prohibitum, and if so,

It is malum in se which requires proof of criminal intent. Precisely because the

In support of his contention In support of his contention that the statute

The application of mitigating and extenuating circumstances in the Revised

Finally, any doubt as to whether the crime of plunder is a malum in se must be

The legislative declaration in R.A. No.7659 that plunder is a heinous offense

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