Documente Academic
Documente Profesional
Documente Cultură
Yes. Gorio is liable for the death of the victim as a principal in homicide.
In assisting Gaspar by carry the body of the victim to the well, Gorio
was committing a felony. The offense was that of concealing the body
of the crime to prevent its discovery. Which is being an accessory in the
crime of homicide. Although he may have been unaware that the victim
was still alive when he assisted Gaspar, he is still liable for the direct
and natural consequence of his felonious act, even if the resulting
offense is worse than that intended. The victim at that time was still
alive, and that he died subsequently of drowning. The drowning was the
direct, natural and logical consequence of the felony that Gorio had
intended to commit; it exemplifies praeter intentionem covered by the
Revised Penal Code, a person may be convicted of homicide although
he had no original intent to kill.
The accused is responsible for the death of victim and guilty of the
offense of homicide.
Mistake of fact may relieve the actor from criminal liability, provided
always there is no fault or negligence on his part.
The Supreme Court held that in the performance of his duty, an agent
of the authorities is not authorized to use force, except in an extreme
case when he is attacked or is the subject of resistance, and finds no
other means to comply with his duty or cause himself to be respected
and obeyed by the offender. In this case, the authorities’ quick resolve
to use their firearms when in fact they could have used another
vehicle to pursue their suspects, clearly exceeded the fulfillment of
police duties. The crimes committed in these case are intentional and
not accidental.
(2) that the act was done with evil intent; and
In this case, Maxil performed all the acts to consummate the crime
of qualified theft, which is a crime against property. Her evil intent
cannot be denied, as the mere act of unlawfully taking the check
meant for Mega Inc. showed her intent to gain or be unjustly
enriched. Were it not for the fact that the check bounced, she would
have received the face value thereof, which was not rightfully hers. As
of the time that she took possession of the check meant for Mega Inc.,
she had performed all the acts to consummate the crime of theft, had
it not been impossible of accomplishment in this case.
Absent an intent to kill in firing the gun towards the victim, the accused
should be held liable for the crime of illegal discharge of firearm under
the Revised Penal Code.
Under the Revised Penal code, the elements for the crime are:
In this case, the offender unlawfully entered the house of another. The
entry of a person becomes unlawful if the entry was made despite
prohibition of the owner or without first securing the permission of the
owner.
Under the Revised Penal Code, one of the mode for the commission
of the crime of serious physical injury is by administering injurious
substance. The elements of which are:
Under the law, in conspiracy, the act of one is the act of all and the
conspirators shall be held equally liable for the crime.
The fact that Y’s role was limited to giving victims their food is
immaterial. She was the owner of the safehouse where the victims
were kept. In other words, X and Y were indispensable in the
kidnapping of Albert because they knowingly and purposely provided
the venue to detain the victim. Their house has a basement. It can be
reasonably inferred that the house fitted the purpose of the
kidnappers. The victim’s detention was accomplished by the
circumstance of being put in a place where escape became highly
improbable.
The Revised Penal Code holds liable for Grave Threats any person
who shall threaten another with the infliction upon the person any
wrong amounting to a crime. This felony is consummated as soon as
the threats come to the knowledge of the person threatened.
It is clear that X threat to kill A, B and C and crack open their skull are
wrongs on the person amounting to homicide and serious physical
injuries as penalized under the RPC. These threats were
consummated as soon as A, B, and C heard X utter his threatening
remarks.
In this case, Rex forcibly inserted his fingers into the genital of
Andrea. Hence, the commission of the crime of Rape through
Sexual Assault.
b. No. My answer will not be the same. The crime under the
circumstances is statutory rape.
Under the revised penal code, when the victim is under 12 years
of age, the crime shall be statutory rape.
Under the RPC, rape is committed by a male offender, who had carnal
knowledge with a woman and accomplished the act by using force,
threat or intimidation.
Nena cannot be held liable for child prostitution under RA 7610. The
special law requires the victim to be below 18 years of age. In this
case, there was no indication that Ana was below 18 years old. On the
other hand, Nena as a co-conspirator, voluntarily led the victim into
the location of Noy in exchange for money. In conspiracy, the act of
one is the act of all.
Under the Revised Penal Code, the elements of unlawful taking of that
property and the taking is with the intent to gain must be established.
Intent to gain is an internal act which can be established through the
overt acts of the offender. The unlawful taking of another’s property
gives rise to the presumption that the act was committed with intent to
gain. Taking as an element of robbery means depriving the offended
party of ownership of the thing taken with the character of
permanency. The taking should not be under a claim of ownership.
Under the law, when the evidence should disclose that the
agent acted in conspiracy or connivance with the one who
carried out the actual misappropriation, then the accused would
be answerable for the acts of his co-conspirators. If there is no
such evidence and if the proof is clear that the accused herself
was the innocent victim of her sub-agents faithlessness, her
acquittal is in order.
The RPC provides that there is bigamy when the offender has
been legally married; that the first marriage has not been legally
dissolved or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according to the Civil
Code; that he contracts a second or subsequent marriage; and
that the second or subsequent marriage has all the essential
requisites for validity.
In this case, Wally, by deliberately stating that he will kill Alden proves
his intention to kill the latter. When he was stopped by Jose, the
execution of the crime was prevented due to a cause other than his
own spontaneous desistance. He is, therefore, liable for attempted
homicide.
The case shall be filed with the Regional Trial Court that has
jurisdiction over the area where the crime was committed.
The crime charged shall be the special complex crime of robbery with
homicide against the accused.
b) As counsel for the accused I will highlight the in the defense the
following:
1. That Atty. Sir Chief, Jinggoy, Juan and Joaquin did not
conspire to commit homicide. He merely intended to rob
the victim.
As the trial judge for this case, I find the accused guilty beyond
reasonable doubt of the special complex crime of robbery with
homicide.
x ============================= x
INFORMATION
That on or about December 02, 2018, at about 3:00 p.m., in the City/ of Lucena,
Province of Queazon and within the jurisdiction of this Honorable Court, the said
accused did then and there, while driving his Toyota Innova with Plate No. PL844
under the influence of liquor and in a reckless and imprudent manner, bumped into
a Honda Civic with Plate No. CV543 thereby causing damage to the back bumper of
the said Honda Civic to the damage and prejudice of its owner, COY HERMOSO, in
the amount of P200,000.00.
CONTRARY TO LAW.
CITY PROSECUTOR
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
LUCENA CITY
BRANCH 58
AYESHA VILLACRUEL
Plaintiffs, G.R. No. 80699-0
- Versus - For: Damages
COY HERMOSO
Defendant,
x ============================= x
COMPLAINT
3. On or about December 01, 2018, at about 3:00 p.m., in the City of Lucena,
Province of Queazon and within the jurisdiction of this Honorable Court, the said
defendant, while driving his Honda Civic with Plate No. CV543 in a reckless and
imprudent manner reversed his vehicle, as a result bumped into plaintiff, AYESHA
VILLACRUEL’S Toyota Innova with Plate No. PL844 thereby causing damage to the
front part of the said vehicle to the damage and prejudice of its owner in the
amount of P300,000.00.
DAMAGES
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;
AYESHA VILLACRUEL
Complainant