CRIMINAL LAW I CASE DIGESTS

ARTICLE IV: IMPOSSIBLE CRIMES

PEOPLE VS. DOMASIAN FACTS: Ponente: Justice Cruz, 1993 Petitioner: Pablito Domasian the kidnapper Dr. Samson Tan he was a resident physician in the hospital owned by Enricos father. Respondent: People of the Philippines, Solicitor-General Victim: Enrico Paulo Agra Witnesses: Enrico Agra Tirso Ferreras Enricos Classmate Alexander Grate Tricycle Driver where Agra and Domasian rode, he speculated that the latter was a kidnapper and reported the incident to the tanods. Events: Enrico was walking with a classmate when a man, Domasian, approached him and asked for his assistance in getting his fathers signature on a medical certificate. Enrico agreed and rode with him in a tricycle. Enrico became apprehensive when instead of going to the hospital; he was forced by petitioner inside a mini-bus, holding him firmly all the while. They rode another tricycle and alighted from where they walked in a market. Domasian talked to a jeepney driver and handed a letter address to Dr. Enrique Agra, the boys father. They then boarded the tricycle of Grate, which aroused his the latters suspicion and reported the incident to the barangay tanods, together with Grate, they went after Domasian and Enrico. They were able to recover Enrico, Domasian escaped. Afternoon of that day, a ransom note arrived to Dr. Agra, asking for 1 million pesos in exchange of his son, Enrico, who was able to return home earlier that day, after having been recovered from Domasian. Dr. Agra identified the handwriting in the letter as Dr. Tans, and this was confirmed by an investigation made by the NBI.

Filling of the Case: Regional Trial Court convicted Domasian and Tan of Kidnapping ISSUES: Convictions of Reclusion Perpetua are subject to review by the Supreme Court. Domasian petitions that he was forced to confess the crime in violation of his constitutional rights. Tan petitions that his act of crime, if indeed proven, only constituted an impossible crime. W/N the act committed by Dr. Tan constitutes an Impossible Crime. RULING: The decision of the Regional Trial Court was affirmed. Article 4 Section 2 of the Revised Penal Code States: Criminal Liability shall be incurred: b. By a person committing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment, or on account of the employment of inadequate or ineffectual means. On the matter of Conspiracy: the acts done by Domasian and Tan were complementary to each other. Kidnapping of Enrico by Domasian, and Ransom note of Tan, with one end goal in mind, which is, the ransom of 1 million pesos from Dr. Agra. Court held that even before the ransom note was received, the crime of kidnapping with serious illegal detention had already been committed. The delivery of the ransom note after the rescue of the victim did not extinguish the offense, which had already been consummated when Domasian deprived Enrico of his liberty.