PEOPLE vs.

MOISES
Moises brothers were convicted with murder for the killing of Jose Solaria.
AUTOPSY FINDINGS
1.

2.

3.

4.

5.

6.

7.

Lacerated wound on the head

at the vertex 3 inches long.
The parietal bones fractured
at its junction.
Incised wound below the left
ear, from the angle of the left
lower jaw to the middle of
the neck. Two thirds of the
neck was cut.
Incised wound on the back
between the two scapulas on
the level of the third rib, 5
inches long and involved the
skin and subcutaneous
tissues.
Bullet wound entrance on the
back on the medial border of
the scapula on the level of the
5th interspace, right, with a
diameter of about .45 of an
inch. There is no visible
powder burn.
Similar bullet wound
entrance on the neck, left
side of the sagittal line on the
level of the 3rd cervical
vertebrae coming out in front
beside the
sternocleidomastoid muscle
on its lateral side about its
mid portion.
Similar bullet wound
entrance on the back at the
tip of the inferior angle of the
left scapula coming out in
front on the level of the ninth
rib on the posterior axillary
line, right.
A bullet wound entrance
similar to the rest of the
bullet wounds in front on the
anterior axillary line, right,
level of the 8th rib coming out
on the bank on the posterior
axillary line, left, on the level
of the ninth rib.

Testimony of Dr. Ananias Ramos

(who performed the autopsy)
located on top of the victim's
head could have been possibly
caused by a blunt instrument
such as a stone
located under the victim's left ear
running to the middle of the back
neck, almost severing the neck
was probably caused by a bolo

Fatal

Fatal

located at the victim's back was

caused by a sharp-bladed
instrument

Not fatal

bullet wound located at the

middle of the right portion of the
victim's back was without any
exit wound

Fatal

bullet wound located at the back

of the victim's neck exited below
the left ear

Fatal

bullet wound located at the lower

right portion of the right breast

Fatal

bullet wound located below the

victim's right nipple exited
through the left lower portion of
the back

Fatal

CAUSE OF DEATH: Shock due to profuse internal and external hemorrhages secondary to gunshot and
incise wounds.
CONCLUSION: Which injuries resulted in the death of Jose Soloria instantaneously thereafter

People vs. Deang

Deang, Espiritu and Catli were convicted of kidnapping for ransom with homicide. Victim is Jay-Jay
Tanhueco. The boys body was found in Sitio Kaynalawit, Barangay Dayap, Laurel, Batangas along the
Tagaytay ridge below a ravine 15 to 30 meters from the road.
The post-mortem examination of the cadaver revealed the cause of death as follows:
VICTIM DATA: An unidentified male dead person, around 14 to 15 years old, wearing Giordano white
shirt, black pants, Gamosa shoes
PLACE OF INCIDENCE: Sitio Kaynalawit, Barangay Dayap Itaas, Laurel, Batangas
NATURE OF INCIDENCE: Mauling
PLACE DATE AND TIME OF AUTOPSY: Police station, Laurel, Batangas at about 9:50 pm, July 17, 1995
GENERAL FINDINGS
1. Skull fracture over left temporo parietal area
2. Multiple lacerated wounds: 1-1/2 inches (L) temporo parietal area
3. Hematoma 2 inches over (R) eye
CAUSE OF DEATH: Cerebral haemorrhage

MARCIANO vs. SAN JOSE

CHI MING TSOI vs. CA and GINA LAO-TSOI

Case for declaration of nullity of marriage filed by wife Gina against her husband
Defendant submitted himself to a physical examination. His penis was examined by Dr. Sergio Alteza, Jr.,
for the purpose of finding out whether he is impotent. As a result threrof, Dr. Alteza submitted his
Doctors Medical Report and it is stated there that there is no evidence of impotency and he is capable of
erection.
The doctor said, that he asked the defendant to masturbate to find out whether or not he has an erection
and he found out that from the original size of two (2) inches, or five (5) centimeters, the penis of the
defendant lengthened by one (1) inch and one centimetre. Dr. Alteza said that the defendant had only a
soft erection which is why his penis is not in its full length. But, still is capable of further erection, in that
with his soft erection, the defendant is capable of having sexual intercourse with a woman.
SC declared the marriage void.
The issue of whether or not the husband is psychologically incapacitated to discharge a basic marital
obligation was resolved upon a review of both the documentary and testimonial evidence on record.
Husband admitted that he did not have sexual relations with his wife after almost 10 months of
cohabitation, and it appears that he is not suffering from any physical disability. Such abnormal
reluctance or unwillingness to consummate his marriage is strongly indicative of a serious personality
disorder which clearly demonstrates an utter insensitivity or inability to give meaning and significance to
the marriage within the meaning of Article 36 of the Family Code.

JIMENEZ vs. CAIZARES

Joel Jimenez prayed for a decree annulling his marriage to Remedios Canizares upon the ground that the
orifice of her genitals or vagina was too small to allow the penetration of a male organ or penis for
copulation.
TC ordered Remedios to submit to physical examination by a competent lady physician to determine her
physical capacity for copulation and to submit a medical certificate on the result thereof. Remedios did
not comply with the order. TC annulled the marriage.
SC held that the marriage may not be annulled on the strength only of the lone testimony of the husband
who claimed and testified that his wife was and is impotent and remanded the case.
Whether the wife is really impotent cannot be deemed to have been satisfactorily established, because
from the commencement of the proceedings until the entry of the decree she had abstained from taking
part therein. Although her refusal to be examined or failure to appear in court show indifference on her
part, yet from such attitude the presumption arising out of the suppression of evidence could not arise or
be inferred because women of this country are by nature coy, bashful and shy and would not submit to a
physical examination unless compelled to by competent authority.
This the Court may do without doing violence to and infringing in this case is not self-incrimination. She
is not charged with any offense. She is not being compelled to be a witness against herself. "Impotency
being an abnormal condition should not be presumed. The presumption is in favor of potency." The lone
testimony of the husband that his wife is physically incapable of sexual intercourse is insufficient to tear
asunder the ties that have bound them together as husband and wife.

BACCAY vs. BACCAY

Noel and Maribel were schoolmates in college. After years of courting, they became sweethearts. Noel
considered Maribel as the snobbish and hard-to-get type, which traits he found attractive.
Noel observed that Maribel was inordinately shy when around his family so to bring her closer to them, he
always invited Maribel to attend family gatherings. She, however, would try to avoid his invitations and
whenever she attended those occasions with Noels family, he observed that AMribel was invariably aloof
or snobbish. Not once did she try to get close to any of his family members. Noel would talk to Maribel
about her attitude towards his family and she would promise to change, but she never did.
Noel decided to break up with Maribel because he was already involved with another woman. He tried to
break up with Maribel, but Maribel refused and offered to accept Noels relationship with the other
woman so long as they would not sever their ties. To give Maribel some time to get over their relationship,
they still continued to see each other albeit on a friendly basis. Despite their efforts to keep their meetings
strictly friendly, however, Noel and Maribel had several romantic moments together. Noel took these
episodes of sexual contact casually since Maribel never demanded anything from him except his company.
Then, sometime in November 1998, Maribel informed Noel that she was pregnant with his child. Upon
advice of his mother, Noel grudgingly agreed to marry Maribel.
After the marriage ceremony, Noel and Maribel agreed to live with Noels family in their house at Rosal,
Pag-asa, Quezon City. During all the time she lived with Noels family, Maribel remained aloof and did not
go out of her way to endear herself to them. She would just come and go from the house as she pleased.
Maribel never contributed to the familys coffer leaving Noel to shoulder all expenses for their support.
Also, she refused to have any sexual contact with Noel.
Surprisingly, despite Maribels claim of being pregnant, Noel never observed any symptoms of pregnancy
in her. He asked Maribels office mates whether she manifested any signs of pregnancy and they
confirmed that she showed no such signs. Then, sometime in January 1999, Maribel did not go home for a
day, and when she came home she announced to Noel and his family that she had a miscarriage and was
confined at the Chinese General Hospital where her sister worked as a nurse.
Noel sought to have their marriage annulled. RTC granted Noels petition for declaration of nullity, upon
finding that Maribel failed to perform the essential marital obligations of marriage, and such failure was
due to a personality disorder called Narcissistic Personality Disorder characterized by juridical
antecedence, gravity and incurability as determined by a clinical psychologist. The RTC cited the findings
of Nedy L. Tayag, a clinical psychologist presented as witness by Noel, that Maribel was a very insecure
person. She entered into the marriage not because of emotional desire for marriage but to prove
something, and her attitude was exploitative particularly in terms of financial rewards. She was
emotionally immature, and viewed marriage as a piece of paper and that she can easily get rid of her
husband without any provocation.
CA and SC reversed and refused to grant the petition.
In this case, the totality of evidence presented by Noel was not sufficient to sustain a finding that Maribel
was psychologically incapacitated. Noels evidence merely established that Maribel refused to have sexual
intercourse with him after their marriage, and that she left him after their quarrel when he confronted her
about her alleged miscarriage. He failed to prove the root cause of the alleged psychological incapacity
and establish the requirements of gravity, juridical antecedence, and incurability. As correctly observed
by the CA, the report of the psychologist, who concluded that Maribel was suffering from Narcissistic
Personality Disorder traceable to her experiences during childhood, did not establish how the personality
disorder incapacitated Maribel from validly assuming the essential obligations of the marriage. Indeed,
the same psychologist even testified that Maribel was capable of entering into a marriage except that it
would be difficult for her to sustain one. Mere difficulty, it must be stressed, is not the incapacity
contemplated by law.

PEOPLE vs. MEDINA

Marciano Medina was convicted of robbery for breaking into the house of James Rockwell and taking 2
watches.
Investigation revealed that a silver box, which had been taken from the room of Mrs. Rockwell on the
night of the robbery, was found in the garden the next morning and that when it was examined I the
Intelligence Division of the Constabulary, it showed a finger print on the top.
Agripino Ruiz, a Constabulary agent and finger print expert, took the finger prints of the accused and
compared them with his records (accused had served 3 terms in Bilibid prison for theft). Ruiz then
compared a photograph of the finger print on the top of the silver box stolen from the bedroom of Mrs.
Rockwell and found that they coincided in ten (10) points. He concluded that the 2 impressions were from
the same person, and that the finger print on the box was that of Medina.
Evidence was to the correspondence of finger prints is admissible for the purpose of proving identity.
The history of the finger print system of identification is stated in the one of the leading cases, People vs.
Sallow:
Scientific authority declares that finger prints are reliable as a means of identification. The first recorded
finger prints were used as a manual seal, to give a personal mark of authenticity to documents. Such
prints are found in the Assyrian clay tablets in the British Museum. Finger prints were first used to record
the identity of individuals officially by Sir William Herschel, in Bengal, to check forgeries by natives in
India in 1858. Finger print records have been constantly used as a basis of information for the courts
since Sir Francis Galton proved that the papillay ridges which cover the inner surface of the hands and the
soles of the feet form patterns, the main details of which remain the same from the sixth month of the
embryonic period until decomposition sets in after death, and Sir Edward Henry, the head of the
Metropolitan Police Force of London, formulated a practical system of classification, subsequently
simplified by an Argentine named Vucetich. The system has been in general use in the criminal courts in
England since 1891. It is claimed that by means of finger prints the metropolitan police force of London
during the 13 years from 1901 to 1914 have made over 103,000 identifications, and the Magistrates' Court
of New York City during the 4 years from 1911 to 1915 have made 31,000 identifications, without error.
Their value has been recognized by banks and other corporations, passport bureaus of foreign
governments, and civil service commissions as a certain protection against impersonation. It was held in
1909 by the Lord Chief Justice of England that the court may accept the evidence of finger prints, though
it be the sole ground of identification.
Referring to the care necessary in photographing accidental imprints, Wentworth and Wilder in their
work, "Personal Identification" (1932), say that these imprints at best will be poor; that one will never find
an accidental imprint that is absolutely perfect; that it is seldom, indeed, that a very good one is found.
A photograph showing an enlargement of the finger print found on the box was marked at the trial Exhibit
A. Further enlargements of it are shown in Exhibits A-1 and A-2. Exhibit B is an enlargement of a
photograph of the impression of the middle finger of Medina's right hand, taken while he was a prisoner
in Bilibid.
When asked which were the ten points of agreement between the two impressions in question, the finger
print expert replied that there were three classes of characteristics, namely: the endings of the ridges, the
bifurcation of the ridges, and the core. The ten points of identity, which were marked on the photographs,
are as follows:
1. Upward end of a ridge,
2. Core,
3. Both ends of a short ridge,
4. Both ends of a short ridge,

5. Downward end of a ridge,

6. Upward end of a ridge,
7. Bifurcation,
8. Upward end of a ridge,
9. Upward end of a ridge,
10. Bifurcation.
The witness stated that in his opinion eight characteristics are sufficient to identify a person. According to
Frederick Kuhn of the Bureau of Criminal Identification, Police Department of the City of New York, in
the "Finger Print Instructor", p.12, "characteristics" are the peculiarities of the ridges, such as abrupt
endings, bifurcations, the formation of what is termed an island, short ridge lines, ridge dots, some
peculiarity as to the information of the delta or core; in fact any peculiarity out of the ordinary may be
considered a characteristic point, and serve as a positive means of identification.
The Galton details, the ends, forks, islands and so on, are so numerous and so variable that even in a small
area a duplication is impossible; so far as we know all the infinite possibilities in the formation of the
ridges are widely open in each individual case, so that it is quite safe to say that no two people in the world
can have, even over a small area, the same set of details, similarly related to the individual units; the only
possible confusion might result from an area so small and so featureless as to show nothing but complete
and parallel ridges, and without details, and could never occur in connection with the formation of a
pattern, where the ridges are called upon to make eccentric turns, and to fill up spaces of irregular shape.
Explaining the ten points of identity, the expert witness in the case at bar testified that he found four
endings of ascending ridges in Exhibit B that corresponded exactly to those of Exhibit A; that as to the
number and location with respect to the core, which he marked 2 in both photographs, he found that they
agreed; that he found in Exhibit B two bifurcations or forks that corresponded exactly to those in Exhibit
A as to number and location; that he found in Exhibit B a short ridge, the two ends of which he marked 3
and 4, that was identical with the corresponding short ridge in Exhibit A, which he also marked 3 and 4.
Although there is some differences of opinion among the authorities as to what constitutes proof of
identity, the older writers regarding twelve points as necessary to prove certain identity; and more than
that for absolute identification, the more recent writers think that six or eight homologous points of
comparison leave no room for reasonable doubt. "In the end it is the microscopic identity of the ridge
characteristics (Galton's minutiae) that settles the question."
In the present case the qualifications of the expert witness were admitted. He stated under oath that in his
opinion the finger print in question is that of the defendant, and gave the reasons for his conclusion,
which seem to us to be reasonable and to be sustained by the best authorities available. No reason has
been adduced that would justify us in rejecting his findings and conclusion.
Conviction affirmed.

OPLE vs. TORRES

Issue on the constitutionality of Administrative Order No. 308 issued by Pres. Fidel V. Ramos (Adoption
of a National Computerized Identification Reference System)
AO 308 was declared unconstitutional primarily because the subject matter was not a proper subject of an
AO, but rather of a law. Assuming that the AO need not be a subject of a law, still it cannot pass
constitutional muster as an administrative legislation because facially it violates the right to privacy.
The heart of AO 308 lies in its Section 4 which provides for a Population Reference Number (PRN) as a
common reference number to establish a linkage among concerned agencies through the use of
Biometrics Technology and computer application designs.
Biometry or biometrics is the science of the application of statistical methods to biological facts; a
mathematical analysis of biological data. The term biometrics has now evolved into a broad category of
technologies which provide precise confirmation of an individuals identity through the use of the
individuals own physiological and behavioral characteristics.
A physiological characteristic is a relatively stable physical characteristic such as a fingerprint, retinal
scan, hand geometry or facial features. A behavioral characteristic is influenced by the individuals
personality and includes voice print, signature and keystroke. Most biometric identification systems use a
card or personal identification number (PIN) for initial identification. The biometric measurement is used
to verify that the individual holding the card or entering the PIN is the legitimate owner of the card or
PIN.
A most common form of biological encoding is finger scanning where technology scans a fingertip and
turns the unique pattern therein into an individual number which is called a biocrypt. The biocrypt is
stored in computer data banks and becomes a means of identifying an individual using a service. This
technology requires ones fingertip to be scanned ever time service or access is provided. Another method
is the retinal scan. Retinal scan technology employs optical technology to amp the capillary pattern of
the retina of the eye. This technology produces a unique print similar to a finger print. Another biometric
method is known as the artificial nose. This device chemically analyses the unique combination of
substances excreted from the skin of people. The latest on the list of biometric achievements is the
thermogram. Scientists have found that by taking pictures of a face using infra-red cameras, a unique
heat distribution pattern is seen. The different densities of bone, skin, fat, and blodd vessels all contribute
to the individuals personal heat signature.
In the last few decades, technology has progressed at a galloping rate. Some science fictions are now
science facts. Today, biometrics is no longer limited to the use of fingerprint to identify an individual. It is
a new science that uses various technologies in encoding any and all biological characteristics of an
individual for identification. It is noteworthy that A.O. No. 308 does not state what specific biological
characteristics and what particular biometrics technology shall be used to identify people who will seek its
coverage. Considering the banquet of options available to the implementors of A.O. No. 308, the fear that
it threatens the right to privacy of our people is not groundless.

SPS. BERNALES vs. HEIRS OF SAMBAAN

Julian Sambaan, married to Guillerma, was the registered owner of a parcel of land. This land was
mortgaged to their daughter Myrna Bernales. When Julian was ambushed and hospitalized due to a
gunshot wound, he requested that the other children redeem the land mortgaged to Myrna. Sps. Bernales
refused. Thereafter, TCT to the land was transferred to the names of the Sps. Bernales by virtue of a Deed
of Sale signed by Julian and Guillerma.
NBI found the signatures forged and RTC annulled the Deed of Sale. CA affirmed.
The examination conducted by the NBI disclosed that Julian and Guillermas signatures were forged.
RTC and CA gave probative value to the testimony of NBI Senior Examiner Caroline Moldez
Pitoy, who categorically testified that the signatures of Julian and Guillerma were forged:
Q: What was the result of the findings on the signatures of Julian Sambaan and Guillerma Saarenas
Sambaan appearing on the Deed of Sale dated December 12, 1990.
A: After [conducting] comparative examinations x x x on the standard specimen signatures of Julian
Sambaan [and Guillerma Sambaan] as well as the x x x questioned x x x signatures x x x we found out that
[they were] not written by one and the same person
Q: What was the procedure which you have taken x x x in examining the authenticity of the signatures of
Guillerma Saarenas Sambaan?
A: Per Standard Operating Procedures, the first thing we did upon receipt of the documents submitted to
us is to check x x x the documents attached to the basic letter-request and then the questioned and
standard documents were classified as to the sufficiency and appropriateness of the standards, and then
these were evaluated, after which, they were marked accordingly, then we go to examining all the
standard/specimens first, to determine whether the handwriting is done by one and the same person
before comparing with the questioned and standard signatures. x x x After they were found to be written
by one and the same person, before comparing with the questioned documents, the handwriting
characteristics were properly observed in these two (2) sheets of photographs, then, the final evaluation is
made, after which, a written report is made as a result of the examination, then the same is forwarded to
the Document Examiner for re-examination and this Examiner affixes his signature and submits the same
to the Chief of the Division for approval and the said report passes to the office of the Regional Director
for final approval.
The findings of the NBI document examiner were corroborated by the trial courts own observation, as
affirmed by the CA, that even a cursory examination of Guillermas questioned signature from her
specimen signatures in the enlarged photographs (Exhibits F and F-1) would show that it needs no
expert witness to notice the wide difference in stroke, as well as the writing style in capital G. What is
more, Emma S. Felicilda, the daughter of the deceased Guillerma, likewise testified that in fact my
mother was the one who filed the complaint in this instant case because according to her, she did not sign
the said document.

LEE vs. PEOPLE

Allied Bank filed a complaint against Norberto Lee (Account Service Representative of Managers Check
and Gift Check Processor at the banks Cash Department) alleging that, on several occasions, he forged the
signatures of responsible bank officers in several managers checks causing damage to it.
Lee filed Motion for Documentation and Handwriting Examination by the NBI.