Documente Academic
Documente Profesional
Documente Cultură
Circle
2016
UNIVERSITY OF SANTO TOMAS
Digested by: DC 2016 Members
Editors:
Tricia Lacuesta
Lorenzo Gayya
Cristopher Reyes
Macky Siazon
Janine Arenas
Ninna Bonsol
Lloyd Javier
CRIMINAL
LAW
Supreme Court decisions penned by Associate
Justice Presbitero J. Velasco, Jr.
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Table of Contents
BOOK 1 REVISED PENAL CODE AND RELATED SPECIAL LAWS
......................................... 3
Felonies .................................................................................................................
............... 3
Conspiracy and Proposal to Commit a
Crime .............................................................. 5
Complex Crimes and Special Complex
Crimes .......................................................... 8
Circumstances affecting criminal liability
.................................................................... 10
Justifying
Circumstances ................................................................................................ 10
Exempting
Circumstances .......................................................................................... 17
Mitigating
Circumstances ............................................................................................... 18
Aggravating
Circumstances .......................................................................................... 19
Defenses .............................................................................................................
............. 26
Alibi .......................................................................................................................
............. 26
Persons Criminally Liable
............................................................................................. 29
Degree of
Participation .................................................................................................. 29
Penalties .............................................................................................................
.......... 31
Prescription of Crimes (RPC and Special Penal Laws)
................................................. 32
BOOK 2 REVISED PENAL CODE AND SPECIAL LAWS
..................................................... 34
Crimes Against Public
Order ....................................................................................... 34
RA 9165 Comprehensive Dangerous Drugs Act and Its Implementing Rules and
Regulations (IRR) ........................................ 35
Art. 171,
RPC ................................................................................................................ 61
Art. 177,
RPC ................................................................................................................ 62
RA 7877 Anti-Sexual Harrasment
Act........................................................................... 63
Crimes Committed by Public
Officers ........................................................................ 64
Arts. 203-245,
RPC ......................................................................................................... 64
RA 3019 Anti-Graft and Corrupt Practices
Act ........................................................... 66
3
Misconduct ............................................................................................................
...... 68
Crimes Against
Persons.................................................................................................... 70
Arts. 246-266,
RPC ............................................................................................................ 70
RA 7610 Anti-Child Abuse
Law ................................................................................... 107
Crimes Against
Property ............................................................................................ 108
Crimes Against
Honor ................................................................................................. 111
Tariffs and Customs
Code ........................................................................................... 113
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On the other hand, the essential elements of a frustrated felony are as follows:
(1) The offender performs all the acts of execution; (2) all the acts performed
would produce the felony as a consequence; (3) but the felony is not produced;
and (4) by reason of causes independent of the will of the perpetrator.
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From the evidence presented to the trial court, it is very much clear that
accused-appellant was able to perform all the acts that would necessarily result
in Adrian’s death. His intention to kill can be presumed from the lethal hacking
blows Adrian received. His attack on Adrian with a bolo was not justified. His
claim of self-defense was not given credence by both the trial and appellate
courts. Neither are there any of the qualifying circumstances of murder,
parricide, and infanticide. The circumstances, thus, make out a case for
frustrated homicide as accused-appellant performed all the acts necessary to
kill Adrian; Adrian only survived due to timely medical intervention as testified
to by his examining physician.
Both the RTC and the CA, however, erred in finding only one count of rape in
the present case. From the information filed, it is clear that accused-appellant
was charged with two offenses, rape under Art. 266-A, par. 1 (d) of the RPC, and
rape as an act of sexual assault under Art. 266-A, par. 2. Accused-appellant was
charged with having carnal knowledge of AAA, who was under twelve years of
age at the time, under par. 1(d) of Art. 266-A, and he was also charged with
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committing an act of sexual assault by inserting his penis into another person’s
mouth or anal orifice, or any instrument or object, into the genital or anal orifice
of another person under the second paragraph of Art. 266-A. Two instances of
rape were indeed proved at the trial, as it was established that there was
contact between accused-appellants penis and AAAs labia; then AAAs
testimony established that accused-appellant was able to partially insert his
penis into her anal orifice.
Aggrieved, petitioners, in their appeal, prayed that the CA reverse the RTC
decision. Tangian claimed that he should not be considered as a conspirator
since he merely innocently obeyed Lañojan’s instructions on the assumption
that the latter was his superior and that he had no criminal intent whatsoever.
Yongco, in his defense, argued that Tangian and his two other helpers asked for
his assistance which he extended in good faith, in view of Lañojan’s statement
earlier that day that the office garage has to be cleared. Lañojan, on the other
hand, insisted that he cannot be considered as a conspirator since he was not
present at the time of taking, and that the mere giving of a thumbs-up sign to
Tangian when the latter delivered the materials to the junk shop does not
amount to conspiracy. CA affirmed RTC’s decision. Hence, this Petition.
Issue:
Whether or not Lañojan is liable for Qualified Theft via conspiracy despite his
absence during the commission of the crime.
Ruling:
Yes. There is conspiracy when two or more persons come to an agreement
concerning a felony and decide to commit it. Well-settled is the rule that in
conspiracy, direct proof of a previous agreement is not necessary as it may be
deduced from the mode, method, and manner by which the offense was
perpetrated. It may be inferred from the acts of the accused before, during, or
after the commission of the crime which, when taken together, would be
enough to reveal a community of criminal design, as the proof of conspiracy is
frequently made by evidence of a chain of circumstances.
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The RTC correctly ruled that Lañojan have instigated and marshalled the entire
scheme. In conspiracy, the act of one is the act of all. Once conspiracy is
established, all the conspirators are answerable as co-principals regardless of
the extent or degree of their participation. The guilt of one is the guilt of all.
Applying this doctrine in the case at bench, it can reasonably be concluded that
despite Lañojan’s lack of physical participation in hauling the items to Tangian’s
truck and bringing them to the junk shop, he can still be liable for Qualified
Theft via conspiracy.
Doctor is, thus, equally guilty and liable with Tomas for the murder of Estrella on
account of conspiracy.
Fernando, Hector and Ortiz were charged with the murder of Buencillo but Ortiz
and another member of the group remained at large. The RTC found the
accused persons guilty beyond reasonable doubt of the crime of murder
qualified by superior strength. The CA affirmed with modification, asserting
conspiracy as a qualifying circumstance.
Issue:
Whether or not conspiracy has transpired.
Ruling:
Yes. Altogether, the incidents prior to the melee, the simultaneous active
participation of the accused and use of their superior strength and number, and
the flight of the Ortiz brothers undoubtedly establish a conspiracy to assault
and harm Jonathan and Edison, leading to Edison’s death. In this case, to
reiterate, the CA observed that (1) Fernando and his group blocked Jonathan
and Edison as the two were on their way home; (2) they all participated in the
attack on Jonathan and Edison; (3) when Jonathan had a chance to flee, Hector
dragged him back; and (4) Hector and Jayson exchanged blows with Jonathan
and Edison as Fernando viciously hit Edison with a steel chair causing the
demise of Edison. All these constitute circumstances that lead to the conclusion
that all the accused conspired to harm their prey. These, taken with the
eyewitness testimonies and the physical evidence supported by the medico-
legal’s findings, establish without doubt the guilt of the accused-appellants.
convicted the accused of the offense as charged. The CA, however, changed
the conviction to multiple murder, ratiocinating that robbery was not proved
and that the killing was qualified by treachery.
Issue:
Whether or not the accused-appellant is guilty of the crime of multiple murder.
Ruling:
Yes. Accused-appellant Orias should be convicted of three (3) counts of murder
and not of the complex crime of murder.
In a complex crime, although two or more crimes are actually committed, they
constitute only one crime in the eyes of the law, as well as in the conscience of
the offender. Hence, there is only one penalty imposed for the commission of a
complex crime. It is clear from the evidence on record that the three (3) crimes
of murder did not result from a single act but from several individual and
distinct acts. Deeply rooted is the doctrine that when various victims expire
from separate shots, such acts constitute separate and distinct crimes.
Facts:
At around 10:25 in the evening in Pangasinan, while Aladino (prosecution’s 1st
witness) was tending to his sari-sari store, he noticed brothers Rommel and
Marlon conversing with each other while seated on a bench beside his store.
While this was transpiring, the accused arrived. The victim, Marlon, stood up
and greeted the accused, who happened to be his brother-in-law, "good
evening."He stated that the accused kept quiet and suddenly raised the right
12
hand of Marlon and stabbed him by the armpit with a knife that he was
carrying. Marlon shouted because of the pain, which caused the people in the
neighborhood to come out. At this instance, the accused ran away. Dr. De
Guzman and Rommel were presented by the prosecution as its corroborating
witnesses.
After his arrest, David Maningding pleaded not guilty of the murder charged
against him. The RTC convicted the accused. The RTC found that treachery
attended the stabbing of the victim, being sudden and unexpected. The RTC
also explained that the facts indicate no showing that there was any altercation
between the accused and the victim immediately prior to the stabbing that
could have warned the latter of the said ensuing incident. The accused
appealed the Decision of the RTC, reiterating his argument of self-defense but
the CA affirmed the lower court’s decision.
Issue:
Whether or not accused-appellant’s stabbing of the victim is justified by self-
defense.
Ruling:
No. Preliminarily, it is a settled rule that when an accused claims the justifying
circumstance of self-defense, an accused admits the commission of the act of
killing. The burden of evidence, therefore, shifts to the accused’s side in clearly
and convincingly proving that the elements of self-defense exist that could
justify the accused’s act. In this case, considering that at the outset, accused-
appellant has already maintained a claim of self-defense, the burden of
evidence rests upon him in proving his act of stabbing as justifiable under the
circumstances.
According to Article 11 of the Revised Penal Code, "any person who acts in
defense of his person or rights" do not incur any criminal liability provided that
the following requisites concur: (1) unlawful aggression; (2) reasonable
necessity of the means employed to prevent or repel it; and (3) lack of
sufficient provocation on the part of the person defending himself. Conversely,
the accused must be able to establish that all three circumstances concur in
order for the accused’s act to be justified under the law.
In this case, the records would show that accused-appellant was clearly not
able to establish the aforementioned requisites. Worse, his sole evidence––his
own testimony––was found by the RTC to be so weak and devoid of any
credibility as against those presented by the prosecution. From the facts of the
13
present case, the RTC gave credence and weight to the evidence presented by
the prosecution, whose testimonies rule out accused-appellant’s claim of self-
defense.
Facts:
Shortly before 10pm, officer-of-the-day Lolito gave a lawful order to SPO1
Eduardo Basilio and the victim SPO1 Doddie Espejo to stop boarding a tricycle.
Lolito told Doddie that he should stay because he was already drunk and that
he is still on duty. Doddie, known for his combative behaviour, alighted from the
tricycle and held his .45 caliber gun. Lolito fired his M-16 armalite upward as a
warning shot. Undaunted, Doddie drew his gun and pointed it at Lolito. The
accused then shot Doddie on the head, killing the victim instantly. Lolito then
surrendered to the station Chief of Police.
Lolito was charged with homicide, but Lolito claimed self-defense. Reverse trial
ensued, and both the RTC and CA found Lolito guilty of homicide for lack of
unlawful aggression on Doddie’s part.
Issue:
Whether or not Lolito should be acquitted on the ground that there was
unlawful aggression on the part of Doddie.
Ruling:
Yes. For self-defense to be credited as a justifying circumstance, the following
elements must be present: (1) Unlawful aggression; (2) Reasonable means
employed to prevent or repel it; (3) Lack of sufficient provocation by the
accused.
Unlawful aggression presupposes an actual, sudden and unexpected attack or
imminent danger on the life and limb of a person at the time the defensive
action was taken against the aggressor, Unlawful aggression does not
contemplate a mere threatening or intimidating attitude. Hence, the act of
Doddie pointing a gun at the accused establishes the presence of unlawful
aggression.
Even assuming that the prosecution is correct in saying that Doddie only drew
his gun without pointing it to Lolito, the accused still had every reason to
suspect that his life was in actual danger. To be sure, jurisprudence holds that
the act of drawing a gun per se is ordinarily insufficient to establish unlawful
aggression. But in this case, the following circumstances confirm the actual and
imminent threat to Lolito’s life when Doddie drew his gun: (1) The victim was
drunk; (2) The victim was a police officer trained to shoot; (3) The victim was
known for his combative behavior; (4) The victim ignored the accused’s lawful
order; and (5) The victim ignored the warning shot by the accused.
resulting in the latter’s death. He then tucked the gun in his waist, raised his
hands, and shouted, O, wala akong ginawang kasalanan at wala kayong nakita.
And he ran towards the direction of the basketball court adjoining the barangay
hall. This was corroborated by the testimonies of two eye witnesses
Leticia if she knew who he was, followed by a remark that he would throw her
into the irrigation ditch. When Ramon was about to board the tricycle, accused-
appellant followed him, shot him three times with a short-barreled gun, then
stabbed him several times. All told, Ramon sustained nine stab wounds on
different parts of his body.
Accused-appellant urges his acquittal on the ground he acted in self-defense.
He asserts that the unlawful aggressor in the fatal episode in question was
Ramon, who started it by calling accused-appellant a fool and then chasing him
around with a knife. Pressing the point, accused-appellant alleges that the
assault came without sufficient provocation on his part, having just arrived from
a farm work when Ramon attacked him. Ramon, so accused-appellant claims,
resented the fact that he, accused-appellant, was presently working on a piece
of land which the former used to till and longed to possess.
Issue:
Whether or not self-defense should be appreciated in the case at bar.
Ruling:
No. There was no self-defense on the part of accused-appellant in the instant
case. The element of unlawful aggression on the part of the victim is absent, or
at least not convincingly proved,accused-appellants claim of self-defense
cannot be appreciated. For unlawful aggression to be present, there must be a
real danger to life or personal safety. There must be an actual, sudden, and
unexpected attack or imminent danger, and not merely a threatening or
intimidating attitude. But assuming arguendo that there was unlawful
aggression on Ramon’s part, the Court distinctly noted that the means accused-
appellant employed to prevent or repel the supposed unlawful aggression were
far from reasonably necessary. The number and nature of the wounds sustained
by Ramon certainly belie a claim of self-defense. It is worth stressing that
accused-appellant inflicted nine stab wounds on Ramon after he pumped a
bullet on the latter’s lower left chest. Said gunshot wound, as medical report
later showed, was by itself already fatal. Significantly, after Ramon fell as a
result of his bullet wound, accused-appellant still proceeded to stab him. As
aptly observed by the trial court, Ramon could not have walked far after he was
hit by the bullet. Accused-appellants pretense, therefore, that he had no
intention to harm Ramon after the shooting and that he only approached the
fallen Ramon to bring him to the doctor, stretches credulity to the absurd and
must be rejected. Certainly, the nature and number of the injuries inflicted by
accused-appellant on the victim should be significant indicia in determining the
plausibility of the self-defense plea.
Morta tried to stab Guevarra and Garong. The two were able to avoid the stab
blows. A single shot was then fired at Morta. When the police investigated the
incident, Morta reported that Garong shot him.
Two criminal cases were filed from this single incident. Morta was charged with
multiple attempted homicide while Garong was charged with frustrated murder.
Garong contends that he acted in self-defense against the real aggressor,
Morta. He theorizes that the plea of self-defense, if considered, would introduce
an element of reasonable doubt which would entitle him to acquittal.
Issue:
Whether or not Garong acted in self-defense.
Ruling:
No. For self-defense to prosper, there must be: (1) unlawful aggression; (2)
reasonable necessity of the means employed to prevent or repel it; and (3) lack
of sufficient provocation on the part of the person defending himself. The
burden of proving the elements of self-defense shifts to the accused.
Exempting Circumstances
PEOPLE OF THE PHILIPPINES v. PAUL ALIPIO
G.R. No. 185285, October 5, 2009, Velasco, Jr., J.
The moral and legal presumption is always in favor of soundness of mind; that
freedom and intelligence constitute the normal condition of a person. It is
improper to assume the contrary.
Facts:
AAA is a 41-year old mentally retarded woman. Marilou Gipit Alipio often hired
AAA to watch over her children. Marilou sent AAA to Sitio Liman, Sorsogon to
borrow money from Marilou’s father, Saul but Saul told AAA that he would give
the necessary amount to Marilou directly. While about to head for home, AAA
heard Paul calling her from his house. Suddenly, Paul held her hand, pushed her
inside and, while covering AAAs mouth, brought her to his bedroom. He then
removed her shorts and panty and likewise, undressed himself. Paul then went
on top of her, kissed her, and fondled her breasts. Eventually, he entered her,
18
first using his finger, then his penis. Before finally letting the crying AAA go,
however, Paul threatened her with death should she disclose to anybody what
had just happened between them. Psychiatric evaluation revealed that AAA,
although 42 years old at that time, had the mental capacity and disposition of a
nine or 10 year-old child. Accused-appellant maintains that the trial court erred
in giving full credence to and reliance on AAAs inculpatory statements in the
witness box, it being his contention that her account of what purportedly
happened reeks of inconsistencies and does not jibe with the normal flow of
things. As asserted, it is quite unnatural for a woman finding herself in a
sexually-charged situation not make an outcry or use her hands to ward off the
advances of a sex fiend.
Mitigating Circumstances
Nemrod Gotis v. People of the Philippines
G.R. No. 157201, September 14, 2007, Velasco, Jr., J.
In order to determine the sufficiency of a provocation for the purpose of
mitigating a crime, one must look into the act constituting the provocation, the
social standing of the person provoked, and the place and time when the
provocation is made. In the present case, a finding that the act of the victim did
not constitute unlawful aggression does not automatically negate the attendant
circumstance of sufficient provocation.
Facts:
Nahom and Nemrod Gotis were brothers. They went to the house of Serafin to
kill him but he was not found thereby threatening to Nilda the wife of Serfin that
19
he would kill the latter. Nilda told Serafin about what happened and he went to
Nahoms house. Upon reaching the gate of Nahoms house, Serafin called for
Nahom and asked him to come out. When Nahom heard the shouts of Serafin,
he immediately called Nemrod for help. Nemrod came over and advised Serafin
to go home, but he refused to leave. Instead, Serafin attempted to hack
Nemrod and tried to enter the gate of Nahoms house. Thereafter, Nahom struck
Serafin on the head with a bolo. Meanwhile, Nemrod his brothers house to look
for a bolo. After being hit, Serafin ran away. Nemrod, however, pursued him,
and hit him several times on the back and arm. Thereafter Nemrod ran away.
The two were charged with homicide. Serafin died eventually during treatment.
Nemrod voluntarily surrender to the authorities. The trial court ruled that they
were guilty beyond reasonable doubt of the crime of homicide. But for Nemrod
a mitigating circumstance of sufficient provocation and voluntary surrender is
thereby credited. However he appealed to the CA and ruled that he has failed
to prove satisfactorily the elements of self defense and that unlawful
aggression did not exist at the time he attacked the Serafin. observed that the
unlawful aggression against Nemrods life had already ceased when petitioner
went inside his brothers house and the victim ran away. Thus, his coming out of
the house with a bolo is indicative of a determination to kill Serafin Gotis and
not merely to defend himself. Thereby he’s not entitled to mitigating
circumstance.
Issue:
Whether or not Nemrod is entitled to mitigating circumstance of sufficient
provocation
Ruling:
Yes. As an element of self-defense, unlawful aggression presupposes an actual,
sudden, and unexpected attack, or imminent danger of the attack, from the
victim. On the other hand, as a mitigating circumstance, sufficient provocation
is any unjust or improper conduct or act of the victim adequate enough to
excite a person to commit a wrong, which is accordingly proportionate in
gravity. Notably, while an act cannot be considered an unlawful aggression for
the purpose of self-defense, the same act can be considered as sufficient
provocation for the purpose of mitigating the crime.
In the present case, a finding that the act of the victim did not constitute
unlawful aggression does not automatically negate the attendant circumstance
of sufficient provocation. In the present case, Nemrod was merely pacifying
Serafin when the latter suddenly attempted to hack the former. Although
Nemrod evaded the attack, Serafins act was enough provocation to anger
Nemrod and cause him to strike back. Thus, SC find that sufficient provocation
attended the crime.
Aggravating Circumstances
PEOPLE OF THE PHILIPPINES v. ROEL RUEL SALLY,
G.R. No. 191254, October 13, 2010, Velasco, Jr., J.
The essence of treachery is the sudden and unexpected attack by the
aggressor on unsuspecting victims, thereby ensuring its commission without
risk to the aggressor, and without the slightest provocation on the part of the
victims. The kind of weapon used is immaterial.
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Facts:
Two criminal informations were filed against Roel Ruel Sally for the murder of
Edwin Lucas and Jose Bersero. According to the prosecution witness Roger Lara,
he saw the accused hit the victims with a piece of pipe while sleeping. Sally
denied the charges against him and alleged that he had no knowledge of the
matters testified to by Lara. The RTC found Sally guilty of murder. In his appeal
to the CA, Sally questioned the finding that treachery attended the killings,
qualifying the crime to murder, instead of homicide. He pointed out that the
prosecution failed to prove that an iron pipe was used in the killing of the
victims as the weapon was not retrieved or presented in evidence, nor was the
medico-legal officer certain if an iron pipe would cause the injuries suffered by
the victims. However, the CA upheld the decision of the RTC. Hence, this
petition.
Issue:
Whether or not Sally should have been convicted of homicide.
Ruling:
No. Article 14, paragraph 16(2) of the Revised Penal Code provides that there is
treachery when the offender commits any of the crimes against the person,
employing means, methods or forms in the execution thereof which tend
directly and specially to insure its execution, without risk to himself arising from
the defense which the offended party might make. This precisely covers the
situation that accused-appellant took advantage of, when he attacked the
victims while they were sleeping. The essence of treachery is the sudden and
unexpected attack by the aggressor on unsuspecting victims, thereby ensuring
its commission without risk to the aggressor, and without the slightest
provocation on the part of the victims.
The RTC was thus correct in appreciating the circumstance of treachery
accompanying the act, which qualifies the killing to murder under the first
paragraph of Art. 248 of the Revised Penal Code, not homicide.
fired while they were struggling. He maintains that treachery did not attend the
killing of Santonia, because there was an altercation between him and the
victim, making it impossible for the latter not to have been forewarned of any
danger to himself. Both the RTC and CA found him guilty of the crime charged
and that there was treachery.
Issue:
Whether or not treachery was correctly appreciated as a qualifying
circumstance.
Ruling:
Yes. The charge of murder was established by the prosecution through its
documentary and testimonial evidence. All the elements of the crime of murder
under Article 248 of the Revised Penal Code were duly proved. Santonia was
shown to have died of internal hemorrhage caused by a gunshot wound. The
accused was positively identified. The testimonies on how the accused shot
Santonia materially corroborated each other. Santonia’s death and the
treachery that qualified the killing to murder were established. The qualifying
circumstance of treachery is present when the offender commits any of the
crimes against persons, employing means, methods or forms in its execution
which tend directly and especially to ensure its execution, without risk to
himself or herself arising from any defense which the offended party might
make. Santonia was not afforded any means of defending himself or an
opportunity to retaliate. The attack on the victim was sudden, unexpected and
without warning because he was on his way home already and had no reason to
feel that his life was in danger. He could not have protected or defended
himself as his back was turned when he was suddenly shot from behind. The
strategy employed by accused-appellant and the means he used to accomplish
the act ensured that the killing of Santonia would be without risk to himself. The
conviction of the accused is affirmed.
Ruling:
Yes. The killing of Walter is qualified by abuse of superior strength, not by
treachery or evident premeditation. In this regard, it is worth noting that
"qualifying circumstances cannot be presumed, but must be established by
clear and convincing evidence as conclusively as the killing itself."
In the present case, the victim, Walter, while being restrained by Vilbar, was
simultaneously stabbed by Paling and Ernie. Plainly, not only did the
perpetrators outnumber their victim, more importantly, they secured advantage
of their combined strength to perpetrate the crime with impunity. Under these
circumstances, it is undeniable that there was gross inequality of forces
between the victim and the three accused.
PEOPLE OF THE PHILIPPINES v. DAVID MANINGDING
G.R. No. 195665, September 14, 2011, Velasco, Jr., J.
There is treachery when "the offender commits any of the crimes against
persons, employing means, methods, or forms in the execution, which tend
directly and specially to insure its execution, without risk to the offender arising
from the defense which the offended party might make.”
Facts:
At around 10:25 in the evening in Pangasinan, while Aladino (prosecution’s 1st
witness) was tending to his sari-sari store, he noticed brothers Rommel and
Marlon conversing with each other while seated on a bench beside his store.
While this was transpiring, the accused arrived. The victim, Marlon, stood up
and greeted the accused, who happened to be his brother-in-law, "good
evening."He stated that the accused kept quiet and suddenly raised the right
hand of Marlon and stabbed him by the armpit with a knife that he was
carrying. Marlon shouted because of the pain, which caused the people in the
neighborhood to come out. At this instance, the accused ran away. Dr. De
Guzman and Rommel were presented by the prosecution as its corroborating
witnesses.
After his arrest, David Maningding pleaded not guilty of the murder charged
against him. The RTC convicted the accused. The RTC found that treachery
attended the stabbing of the victim, being sudden and unexpected. The RTC
also explained that the facts indicate no showing that there was any altercation
between the accused and the victim immediately prior to the stabbing that
23
could have warned the latter of the said ensuing incident. The accused
appealed the Decision of the RTC, reiterating his argument of self-defense but
the CA affirmed the lower court’s decision.
Issue:
Whether or not treachery is present in the case.
Ruling:
Yes. In People v. Dela Cruz, this Court discussed that in order for an accused to
be convicted of murder, the following elements must concur: 1) That a person
was killed, 2) That the accused killed him, 3) That the killing was attended by
any of the qualifying circumstances mentioned in Art. 248, and 4) The killing is
not parricide or infanticide.
Moreover, Art. 248 of the Revised Penal Code states that "[a]ny person who, not
falling within the provisions of Article 246, shall kill another, shall be guilty of
murder and shall be punished by reclusion perpetua, to death if committed with
x x x treachery." There is treachery when "the offender commits any of the
crimes against persons, employing means, methods, or forms in the execution,
which tend directly and specially to insure its execution, without risk to the
offender arising from the defense which the offended party might make."These
means or methods are made in the form of a swift, deliberate and unexpected
attack, without any warning and affording the victim, which is usually unarmed
and unsuspecting, no chance at all to resist or escape the impending attack.
coconut tree. Moments later, when Estose passed by Rustica Dolorido’s coconut
drier, they saw Dolorido suddenly hack Estose twice. When Estose tried to
retreat, he fell down and it was then that Dolorido stabbed him, which caused
his death. For his part, Dolorido raised the defense of self-defense. Dolorido was
found guilty of murder qualified by treachery.
Issue:
Whether or not the prosecution failed to prove the elements of treachery.
Ruling:
No. Paragraph 16 of Article 14 of the Revised Penal Code (RPC) defines
treachery as the direct employment of means, methods, or forms in the
execution of the crime against persons which tend directly and specially to
insure its execution, without risk to the offender arising from the defense which
the offended party might make. In order for treachery to be properly
appreciated, two elements must be present: (1) at the time of the attack, the
victim was not in a position to defend himself; and (2) the accused consciously
and deliberately adopted the particular means, methods or forms of attack
employed by him.
In the case at bar, it was clearly shown that Estose was deprived of any means
to ward off the sudden and unexpected attack by accused-appellant. The
evidence showed that accused-appellant hid behind a coconut tree and when
Estose passed by the tree, completely unaware of any danger, accused-
appellant immediately hacked him with a bolo. Estose could only attempt to
parry the blows with his bare hands and as a result, he got wounded.
Furthermore, when Estose tried to retreat, stumbling in the process, accused-
appellant even took advantage of this and stabbed him resulting in his death.
Evidently, the means employed by accused-appellant assured himself of no risk
at all arising from the defense which the deceased might make. What is
decisive is that the attack was executed in a manner that the victim was
rendered defenseless and unable to retaliate. Without a doubt, treachery
attended the killing.
Issue:
Whether or not there was treachery.
Ruling:
Yes. There was treachery. Settled jurisprudence prescribes two essential
elements in order to support the finding of treachery as an aggravating
circumstance: (1) the employment of means, methods or manner of execution
that would ensure the offenders safety from any retaliatory act on the part of
the offended party, who has, thus, no opportunity for self-defense or retaliation;
and (2) deliberate and conscious choice of means, methods or manner of
execution.
In this factual setting, the selection of the knife as the weapon to kill Ramil was
arrived at so as not to create any noise that can alert the victim. Prince planned
to attack Ramil when Ramils back is turned from appellant to preclude any
window for self-defense or retaliation on the part of Ramil. The attack was swift
and unexpected. He rained numerous stabbing blows on the body of Ramil to
ensure the success of his assault. Ramil was unarmed at the time of the attack
depriving him of any opportunity to defend himself. Indeed, there was a
deliberate, premeditated choice of the means, method, or manner of executing
the crime that would shield appellant from any counterattack from Ramil. Ergo,
the two elements of treachery were unquestionably met.
While Prince may claim that the attack is frontal and Ramil had the opportunity
to defend himself, the Court explained in People v. Segobre that treachery
exists even if the attack is frontal if it is sudden and unexpected, giving the
victim no opportunity to repel it or defend himself, for what is decisive in
treachery is that the execution of the attack made it impossible for the victim to
defend himself or to retaliate. This is the unfortunate case of Ramil who was
unable to repel the attack except only to plead for his life. As the CA aptly
pointed out, even if Ramil was attacked frontally which is definitely not the case
he was bereft of any opportunity to defend himself due to the swiftness and
suddenness of the attack.
Issue:
Whether or not the accused-appellants are guilty of the crime of murder.
Ruling:
No. To appreciate the attendant circumstance of abuse of superior strength,
what should be considered is whether the aggressors took advantage of their
combined strength in order to consummate the offense. Mere superiority in
number is not enough to constitute superior strength. There must be clear proof
that the assailants purposely used excessive force out of proportion to the
defense available to the person attacked.
In this case, although the victim was unquestionably outnumbered, it was not
shown that accused-appellants deliberately applied their combined strength to
weaken the defense of the victim and guarantee the execution of the crime.
Notably, accused-appellants took turns in boxing the victim. When the victim
fell, the prosecution witness was able to hold him, preventing accused-
appellants from further hurting him. Then accused-appellants simply turned
away. To be sure, had accused-appellants really intended to use their superior
strength to kill the victim, they would have finished off the victim, and probably
even the lone prosecution eyewitness.
PEOPLE OF THE PHILIPPINES v. NOEL CUASAY
G.R. No. 180512, October 17, 2008, Velasco, Jr., J.
We held that treachery exists when the offender commits any of the crimes
against the person, employing means, methods or forms in the execution
thereof which tend directly or specially to ensure its execution, without risk to
himself arising from the defense which the offended party might make.
Facts:
Cuasay with treachery, without any justifiable cause and with the deliberate
intent to take the life of Ansuli with a sharp-pointed instrument thereby
inflicting upon the latter mortal wound on the chest, causing his untimely
demise. Cuasay plead "not guilty" to the charge. Cuasay claimed killing Ansuli
in self-defense. RTC found him guilty beyond reasonable doubt and awarded
moral damages to the heirs of the victim. CA affirmed but modified the award.
Issue:
Whether or not the CA erred in appreciating the qualifying circumstance of
treachery.
Ruling:
No. We agree with CA’s finding of treachery. We held that treachery exists when
the offender commits any of the crimes against the person, employing means,
methods or forms in the execution thereof which tend directly or specially to
ensure its execution, without risk to himself arising from the defense which the
offended party might make.
In the case at bar, the victim was unarmed and unsuspecting when accused-
appellant suddenly stabbed him. Treachery was clearly present in Cuasay’s
method. Also, the CA should not have deleted the award of moral damages. In
murder cases, the heirs of the victim should be automatically indemnified in the
amount of P50, 000 as moral damages. No proof is necessary since the
emotional and mental suffering of the heirs is apparent.
DEFENSES
27
Alibi
PEOPLE OF THE PHILIPPINES v. JUANITO APATTAD
G.R. No. 193188, August 10, 2011, Velasco, Jr., J.
Alibi cannot prevail over the positive identification of the accused as the
perpetrator of the crime.
Facts:
Accused Juanito Apattad was charged in four separate informations with the
crime of rape against his 12-year old daughter. The child, AAA, testified that in
2001, she was molested and in June 10 and 11, 2003, she was raped by the
accused. The accused threatened to kill her if she will report the incident to her
mother. However, she finally told her mother on June 13, 2003 that she was
being abused by her father. Her mother whipped her not telling it immediately.
She was interviewed by a DSWD personnel and Dr. Mila Simangan conducted a
physical examination on her and discovered that AAA had a healed hymen
laceration. The accused denied the accusation of rape and claimed that his wife
was the one who initiated the criminal complaint against him because she
thinks that he has a mistress. A defense witness claimed that on the date of the
incident, the accused stayed in the former’s house, which was only three
kilometers away from the house of the accused. The RTC found him guilty of
three counts of rape. CA affirmed with modification as to the award of damages.
Issue:
Whether or not the prosecution was able to establish the guilt of the accused
beyond reasonable doubt.
Ruling:
Yes. The accused contends that while the defense of alibi is frowned upon, it
assumes signifance when corroborated by credible and disinterested witness, in
his case, that of Calimag.
The guidelines for assessing the the defense of alibis and denials are: (1) they
are generally disfavored by the courts for being weak; (2) they cannot prevail
over the positive identification of the accused as the perpetrators of the crime;
(3) for alibi to prosper, the accused must prove not only that they were
somewhere else when the crime was committed, but also that it was physically
impossible for them to be at the scene of the crime at the time of its
commission; (4) alibi assumes significance or strength only when it is amply
corroborated by credible and disinterested witnesses; (5) alibi is an issue of fact
that hinges on the credibility of witnesses, and the assessment made by the
trial court, unless patently and clearly inconsistent, must be accepted.
Issue:
Whether the CA seriously erred in disregarding the accused’s defense of alibi
despite the patent weakness of the prosecution’s evidence.
Ruling:
NO. In considering the physical distance of the accused from the crime scene,
the Court has rejected alibi where the two places are in the same municipality,
where they are easily accessible by any mode of public transportation, where
the distance can be covered by walking for thirty minutes or by riding a vehicle
for twenty minutes, or even when it could be reached after approximately an
hour.
In the present case, the geographical proximity of petitioner to the scene of the
crime at the time of its commission was clearly established by the prosecution.
Petitioner claims that at the time of the alleged killing, he was at home hosting
a party. However, he also testified that it was only 150 meters away from the
crime scene. He even admitted that he went to the crime scene but only after
the shooting took place. Apparently, petitioner failed to show, by clear and
convincing proof, that it was physically impossible for him to have been at the
locus criminis.
Facts:
On November 20, 2001 in a forested area nearby the place and house of the
accused Didong and company, Didong hit with his piece of wood the nape of
Ahladdin (the victim who was also drunk at the time) then held by the hand by
Nante. When Nante released his hold, Didong again hit Ahladdin on the back of
the knees. After Boyet, Nante and Didong stabbed Ahladdin, Fred Gongon shot
him saying “Siguraduhin niyo patay na yan”. The following morning the dead
29
This Court is not bound by the findings of the Sandiganbayan should it discover
that the testimonies of the prosecution witnesses are marred with
inconsistencies that are neither collateral nor trivial, but are material and
substantial in matters determinative of petitioner's guilt beyond reasonable
doubt.
In conclusion, the scant evidence for the prosecution casts serious doubts as to
the guilt of petitioner as principal by inducement. It was not convincingly
established, beyond reasonable doubt, that petitioner indeed ordered his men
to open fire at Santos and Domingo Bawalan. The evidence offered against him
in court does not pass the test of moral certainty and is insufficient to rebut the
presumption of innocence that petitioner is entitled to under the Bill of Rights.
And where there is reasonable doubt as to the guilt of an accused, he must be
acquitted even though his innocence may be questioned, for it is not sufficient
for the proof to establish a probability, even though strong, that the fact
charged is more likely to be true than the contrary.
Tomas fired three more gunshots at the former when she was already down on
the ground. After which, the three accused fled from the scene of the crime.
The RTC convicted the accused Tomas, Doctor and Gatchalian of the offense of
Murder and appreciated the attendance of treachery and conspiracy which the
CA affirmed with modification. Hence, this petition was filed.
Issue:
Whether or not the finding of conspiracy made Gatchalian guilty as a
conspirator.
Ruling:
No. Gatchalian is differently situated as Doctor. The evidence adduced and the
records would show that Gatchalian did not do overt acts for the furtherance of
the shooting of Estrella. The mere presence at the scene of the crime at the
time of its commission without proof of cooperation or agreement to cooperate
is not enough to constitute one a party to a conspiracy.
PENALTIES
ROSVEE C. CELESTIAL v. PEOPLE OF THE PHILIPPINES
G.R. No. 214865, August 19, 2015, Velasco, Jr., J.
Applying article 70 of the RPC, such maximum period shall in no case exceed
forty years. Therefore, in spite of the six (6) penalties of forty (40) years of
reclusion perpetua, petitioner shall only suffer imprisonment for a period not
exceeding 40 years. A downward modification of the penalty imposed by the
RTC is then in order.
Facts:
Celestial was convicted of six counts of qualified theft through falsification of
commercial document. The issue of conviction has attained finality after the
failure of Celestial’s counsel to file her appellant brief. The court now only
delves on the issue of the imposition of proper penalty.
Issue:
What is the proper penalty for Celestial’s conviction of six counts of qualified
theft with the total amount of $50, 000.00
Ruling:
In ascertaining the proper penalty, we are guided by our pronouncement in
People v. Mercado:
First, we get the value of the property stolen as determined by the trial court
32
Second, we determine the imposable base penalty under Art. 309 of the RPC.
Here, since the totality of the stolen amounts for each case exceeds
P22,000.00, the imposable base penalty for each count, as per Art. 309 (1), is
prision mayor in its minimum and medium periods to be imposed in the
maximum period, which is eight (8) years, eight (8) months and one (1) day to
ten (10) years of prision mayor, had the crime charged been simple theft.
Third, since the value of the stolen goods exceeds P22,000.00, We compute for
the additional years of maximum imprisonment under Art. 309 (1) by deducting
P22,000.00 from each case, and by subsequently dividing each difference by
P10,000.00, disregarding any remainder amount.
Fourth, we add the maximum of the base penalty to the above-determined
quotient to arrive at the maximum imprisonment term imposable had the crime
committed been simple theft
Fifth, the maximum imprisonment term should not exceed the 20-year cap
under Art. 309 (1), and any imprisonment term in excess of the cap should be
disregarded. In this case, since all sums exceeded 20 years, the proper penalty
- the maximum period adverted to in Art. 309 (1) - would have been 20 years of
reclusion temporal, before the application of the indeterminate sentence law,
for each count, had petitioner been convicted of simple theft.
Sixth, the penalty for qualified theft is two degrees higher than that for simple
theft. Under Art. 25 of the RPC, two (2) degrees higher than reclusion temporal-
the penalty following reclusion perpetua
Lastly, since petitioner is convicted of six (6) counts of qualified theft through
falsification of commercial documents with corresponding six (6) penalties of
forty (40) years of reclusion perpetua, Art. 70 of the RPC on successive service
of sentences shall apply.
Yes. RA 3019, Section 11 provides that all offenses punishable under said law
shall prescribe in ten years. This period was later increased to 15 years with the
passage of BP Blg. 195, which took effect on March 16, 1982. This does not
mean, however, that the longer prescriptive period shall apply to all violations
of RA 3019. The longer prescriptive period of 15 years pursuant to BP Blg. 195
cannot be applied to crimes committed prior to the effectivity of the said
amending law on March 16, 1982. Considering that the crimes were committed
in 1969, 1970, 1973, 1975, and 1977, the applicable prescriptive period
thereon is the ten-year period set in RA 3019, the law in force at that time.
What is, then, left for determination is the reckoning point for the 10-year
period.
brought him to the hospital where he was examined and found to be positive of
alcohol breath.
35
On the other hand, Sydeco averred that he was signaled to stop by the police
officers and asked him to open the vehicle’s door and to alight from the vehicle
for a body and vehicle search. He refused and insisted on a plain view search
only. By this remark, the policemen told him that he was drunk, boxed him, and
poked a gun at his head. The officers pulled Sydeco out of the vehicle and
brought him to the hospital where they succeeded in securing a medical
certificate depicting Sydeco as positive of alcohol breath.
Sydeco was charged for violation of Section 56(f) of RA 4136 or the Land
Transportation Code and another for violation of Article 151 of the RPC. Sydeco
then filed a complaint-affidavit against the police officers. MeTC found Sydeco
guilty as charged. The RTC affirmed Sydeco’s conviction. This was affirmed by
the CA and upheld the presumption of regularity in the performance of duties
by the police officers.
Issue:
Whether or not the police officers performed their duties as required by law.
Ruling:
No. At the time of Sydeco’s apprehension, or when he was signaled to stop, he
has not committed any crime or suspected of having committed one. Swerving
may become punishable when there is a sign indicating that it is prohibited or
where swerving partakes the nature of reckless driving. Swerving is not
necessarily indicative of imprudent behavior let alone constitutive of reckless
driving. To constitute the offense of reckless driving Sec. 48 of RA 4136, the act
must be something more than a mere negligence in the operation of a motor
vehicle, and a willful and wanton disregard of the consequences is required.
Moreover, the area where Sydeco was spotted was a ”no swerving or
overtaking zone.”
Furthermore, under Article 151 of the RPC, two elements of resistance and
serious disobedience must be present: (1) that a person in authority or his
agent is engaged in the performance of official duty or gives a lawful order to
the offender; and (2) that the offender resists or seriously disobeys such person
or his agent. Clearly, the police officers are persons in authority or agents of a
person in authority manning a legal checkpoint. But Sydeco’s act of exercising
one’s right against unreasonable searches to be conducted cannot be equated
to disobedience nor resisting a lawful order. There is also nothing in RA 4136
that authorized the checkpoint-manning policemen to order Sydeco to get out
of the vehicle for a vehicle and body search. And none of the police officers
denied the allegation of Sydeco about being physically hurt before being
brought to the hospital. What the policemen claimed was that it took the three
of them to subdue Sydeco. Both actions were done in excess of their authority
granted under RA 4136.
showing of bad faith, ill will, or proof that the evidence has been tampered
with. Evidently, the prosecution established the crucial link in the chain of
custody of the seized drugs.
Facts:
Acting upon a tip from a female confidential informant, the District Anti-Illegal
Drugs (DAID) of Quezon City formed a team to conduct a buy-bust operation to
apprehend a certain “Myrna” who was allegedly conducting illegal drug
activities within Quezon City. According to the prosecution, the DAID recovered
the marked 500-peso bill used by the team from "Myrna," as well as two plastic
sachets, at the time of arrest of both "Myrna" and her companion, later
identified as Saguera Samula y Dalunan (Samula). "Myrna," who was later
identified as Nene Quiamanlon, and Samula, as well as the recovered articles
were brought to the station for proper investigation and disposition.
RTC and CA found Sobangee guilty beyond reasonable doubt of having violated
Sec. 5, Art. II of RA No. 9165 or the Comprehensive Dangerous Drugs Act of
2002, for selling methylamphetamine hydrochloride. Sobangee claimed that the
testimonies of the prosecution witnesses suffered from major inconsistencies,
such as: (1) the date the alleged informant came to the DEU office; (2) the time
the buy-bust team left the office to conduct its operation; (3) the place that the
team first went to before going to the buy-bust at Rockwell Center, Makati City;
(4) the location of the operatives during the buy-bust operation; (5) the site
where the illegal substances seized were marked; (6) the amount involved in
the buy-bust; (7) the officer who informed Sobangee of her constitutional rights;
and (8) the identity of the informant.
Issue:
Whether or not Sobangee violated the Comprehensive Dangerous Drugs Act of
2002.
Ruling:
Yes. The inconsistencies referred to are inconsequential. What is important is
that the prosecution was able to establish the key elements needed for a
conviction. Minor variances in the details of the witnesses' accounts, more
frequently than not, are badges of truth rather than indicia of falsehood, and
they often bolster the probative value of their testimonies.
The RTC correctly ruled that the prosecution succeeded in proving the presence
of all the elements of the offense charged. The plastic bags containing white
crystalline substance taken from the accused. The identity of the accused was
38
sell to the former shabu for P500.00. The act of the accused-seller in receiving
the money and delivering the said shabu consummated the sale. The
straightforward testimonies of the witnesses for the prosecution clearly
established the elements. Prosecutions involving illegal drugs depend largely on
the credibility of the police officers who conducted the buy-bust operation. In
cases involving violations of the Comprehensive Dangerous Drugs Act,
credence is given to prosecution witnesses who are police officers for they are
presumed to have performed their duties in a regular manner, unless there is
evidence to the contrary. Absent any indication that the police officers were ill-
motivated in testifying against the accused, full credence should be given to
their testimonies.
In the case at bar, the failure of Inspector Lorilla to testify is fatal to the
prosecution’s case. As the lone key holder and consequentially a link in the
chain, Inspector Lorilla’s testimony became indispensable in proving the guilt of
accused-appellant beyond reasonable doubt.
The prosecution cannot skirt the issue of the broken chain of custody by relying
on the presumption of regularity. This presumption, it must be stressed, is not
41
conclusive. Any taint of irregularity affects the whole performance and should
make the presumption unavailable.
the specimen was allegedly turned over to the desk officer on duty, whose
identity was not revealed. The Court cannot make an inference that PO2 Ibasco
passed the specimen to an unnamed desk officer on duty until it made its way
to the laboratory examination. There are no details on who kept custody of the
specimen, who brought it to the Crime Laboratory, and who received and kept
custody of it until Engr. Jabonillo conducted the forensic examination. The
stipulated facts merely made an allusion that the specimen custodian of the
Crime Laboratory had possession of the specimen and released it for the
proceedings before the trial court.
In sum, considering the multifarious irregularities and non-compliance with the
chain of custody, the accused is acquitted on the ground of reasonable doubt.
On the other hand, in the prosecution for illegal possession of dangerous drugs,
the following elements must be proved with moral certainty: (1) that the
accused is in possession of the object identified as a prohibited or regulatory
drug; (2) that such possession is not authorized by law; and (3) that the
accused freely and consciously possessed the said drug. In the case at bar,
accused-appellant was caught in actual possession of prohibited drugs without
any showing that he was duly authorized by law to possess the same. Having
been caught in flagrante delicto, there is, therefore, a prima facie evidence of
animus possidendi on accused-appellants part.
and who delivered these to the forensic chemist. Thus, there is an unexplained
gap in the chain of custody of the dangerous drug, from the time the same
were supposedly seized by SPO2 Marinda from accused-appellant, until these
were turned-over to the crime laboratory.
The Court particularly notes that of the individuals who came into direct contact
with or had physical possession of the sachets of shabu allegedly seized from
appellant, only SPO1 Marinda testified for the specific purpose of identifying the
evidence. But his testimony failed to sufficiently demonstrate an unbroken
chain, for he himself admits that at the police station he transferred the
possession of the specimen to an investigator at the MPD DAID, one SPO1 Pama
to be precise.
It baffles this Court no end why the prosecution opted not to present the
investigator, identified as SPO1 Pama, to whom SPO1 Marinda allegedly handed
over the confiscated sachets for recording and marking. If SPO1 Pama indeed
received the sachets containing the illegal drugs and then turned them over to
the laboratory for testing, his testimony is vital in establishing the whereabouts
of the seized illegal drugs and how they were handled from the time SPO1
Marinda turned them over to him, until he actually delivered them to the
laboratory. He could have accounted for the whereabouts of the illegal drugs
from the time he possessed them.
the marked items seized from accused-appellant were shabu; and (5) the
marked items were offered in evidence as Exhibits C-1 and C-2.
As it is, there was substantial compliance with the requirements under RA 9165,
and the prosecution adequately established that there was an unbroken chain
of custody over the shabu seized from Elizabeth.
fungible pieces of evidence, all elements of the crime have not been
established beyond reasonable doubt.
police officers conduct was within the acceptable standard of fair and honorable
administration of justice.
In this case, there had been substantial compliance with the legal requirements
on the handling of the seized item. Its integrity and evidentiary value had not
been diminished. The chain of custody of the drugs subject matter of the case
has not been shown to have been broken.
The RTC found all of the accused guilty. Citing Art. 62 of the RPC, it imposed the
maximum penalty of life imprisonment. The RTC also found that the offense was
committed by an organized/syndicated crime group and imposed a fine of P10
million. However, the RTC lowered the penalty of Monongan who was only 17, a
minor at the time of the commission of the offense, to an indeterminate penalty
of imprisonment of fourteen (14) years, eight (8) months and one (1) day of
reclusion temporal, as minimum, to sixteen (16) years of reclusion temporal, as
maximum. The CA affirmed the decision but imposed upon Monongan the
penalty of life imprisonment.
Issue:
Whether or not the penalty of Monongan should be life imprisonment despite
her minority.
Ruling:
No. The CA erred in imposing life imprisonment. Jurisprudence holds that: (a)
pursuant to Sec. 98 of RA 9165, the penalty for acts punishable by life
imprisonment to death provided in the same law shall be reclusion perpetua to
death when the offender is a minor; and (b) that the penalty should be
graduated since the said provision adopted the technical nomenclature of
penalties provided for in the Revised Penal Code. The privileged mitigating
circumstance of minority can now be appreciated in fixing the penalty that
should be imposed.
52
The proper penalty should be one degree lower than reclusion perpetua, which
is reclusion temporal, the privileged mitigating circumstance of minority having
been appreciated. Necessarily, also applying the Indeterminate Sentence Law
(ISLAW), the minimum penalty should be taken from the penalty next lower in
degree which is prision mayor and the maximum penalty shall be taken from
the medium period of reclusion temporal, there being no other mitigating
circumstance nor aggravating circumstance. The ISLAW is applicable in the
present case because the penalty which has been originally an indivisible
penalty (reclusion perpetua to death), where ISLAW is inapplicable, became a
divisible penalty (reclusion temporal) by virtue of the presence of the privileged
mitigating circumstance of minority. Therefore, a penalty of six (6) years and
one (1) day of prision mayor, as minimum, and fourteen (14) years, eight (8)
months and one (1) day of reclusion temporal, as maximum, would be the
proper imposable penalty.
Ruling:
No. The lower courts erred in imposing a fine of P10 million. The records are
bereft of any proof that accused-appellants operated as members of a drug
syndicate. By definition, a drug syndicate is any organized group of two (2) or
more persons forming or joining together with the intention of committing any
offense prescribed under RA 9165. The existence of conspiracy among accused-
appellants in selling shabu was duly established, but the prosecution failed to
provide proof that they operated as an organized group or as a drug syndicate.
Consequently, the aggravating circumstance that "the offense was committed
by an organized/syndicated group" cannot be appreciated. Thus, the maximum
P10 million imposed by the trial and appellate courts upon each of accused-
appellants should be modified to P500, 000.00.
The Court finds that the prosecution has adequately showed the continuous and
unbroken possession and subsequent transfers of the plastic sachet containing
dangerous drugs from the time accused-appellant Rosialda handed it to PO1
Panis to consummate the sale of illicit drugs until it was offered in court. The
fact that the plastic sachet containing shabu was immediately marked by PO1
Panis with such marking remaining until the plastic sachet was presented in
court persuasively proves not only the identity of the shabu as seized from
54
Rosialda, but more importantly that it is the same item seized from the buy-
bust operation. Its integrity and evidentiary value were, thus, duly preserved.
Both the trial and appellate courts made much of the presumption of regularity
in the performance of official functions both with respect to the acts of PO3
Ramos and other PNP personnel at Camp Vicente Lim. This presumption is,
however, disputable and may be overturned by affirmative evidence of
irregularity or failure to perform a duty; any taint of irregularity vitiates the
performance and negates the presumption. Lest it be overlooked, the
presumption of regularity in the performance of official duty always yields to
the presumption of innocence and does not constitute proof beyond reasonable
doubt. For failure then of the prosecution to establish the guilt of accused-
57
People v. Sanchez explains that RA 9165 does not specify a time frame for
immediate marking, or where said marking should be done. What Section 21 of
R.A. No. 9165 and its implementing rule do not expressly specify is the matter
of marking of the seized items in warrantless seizures to ensure that the
evidence seized upon apprehension is the same evidence subjected to
inventory and photography when these activities are undertaken at the police
station rather than at the place of arrest. Consistency with the chain of custody
rule requires that the marking of the seized items to truly ensure that they are
the same items that enter the chain and are eventually the ones offered in
evidence should be done (1) in the presence of the apprehended violator (2)
immediately upon confiscation.
It is clear then that the prosecution was able to provide all the facts necessary
to establish adherence to the chain of custody rule. First, SA Vallejo, upon
consummation of the transaction with accused-appellant, handed the sachets
of shabu to SI Isidoro; second, SI Isidoro marked the sachets at their
headquarters; third, SI Isidoro then personally brought the specimens to
Forensic Chemist Felicisima Francisco, who found the items positive for shabu;
and fourth, the same specimens were presented during trial as Exhibit C.
In People v. Cortez, this Court held that although ideally the prosecution should
offer a perfect chain of custody in the handling of evidence, substantial
compliance with the legal requirements on the handling of the seized item is
sufficient.
Facts:
Pursuant to an information of an alleged illegal drug activities a buy-bust team
was conducted. The team proceeded to Manukan in Las Pias past 9:00 p.m. PO2
Paule (Poseur buyer) and the informant went to Unads Rusiana’s house. The
informant called Unad, who met with them outside. PO2 Paule exchanged the
marked PhP 100 bill with suspected shabu from Unad. PO2 Paule then
introduced himself as a police officer, which made Unad try to resist. He was
caught by PO2 Paule while running back to his house and was frisked. The
marked money and another six (6) plastic sachets were found on his person.
Two other men were found in his house, one of whom threw a sachet. The man
was likewise arrested. Back at the office, all six sachets were marked by the
investigator on duty, PO2 Dalagdagan, with the initials LBR and numbered from
1 to 6.
The defense claims that there were gaps in the chain of custody of the shabu
allegedly seized raising doubts as to the ownership of the shabu. The defense
claims that since the apprehending officers were not the ones who placed the
markings on the shabu immediately after its seizure, there is doubt as to
whether this was the one presented during trial.
Issue:
Whether or not the chain of custody requirement was substantially complied
with.
Ruling:
Yes. As an exception substantial compliance with the legal requirements on the
handling of the seized item is sufficient. Behind this is an acknowledgment that
the chain of custody rule is difficult to comply with. Hence, exceptions must be
recognized, as indeed the Implementing Rules and Regulations (IRR) of RA 9165
does. On its own, a non-compliance with Sec. 21 of RA 9165 will not invalidate
an accuseds arrest or a seizure made in drug cases. What should be of
importance is the preservation of the integrity and the evidentiary value of the
seized items, as the same would be utilized in the determination of the guilt or
innocence of the accused.
As gleaned from PO2 Paules testimony, the chain of custody over the shabu
was preserved. It was established by the prosecution, as follows: (1) plastic
sachets were seized by PO2 Paule from accused-appellant; (2) PO2 Paule turned
the items over to PO2 Dalagdagan, who marked each item with the initials LBR;
(3) a Request for Laboratory Examination was then made by Police Senior
Inspector Vicente V. Raquion; and (4) the items were examined by Forensic
Chemist Abraham Tecson, and his findings documented in Chemistry Report No.
D-432-02 showed that the specimens tested positive for shabu. These links in
the chain are undisputed; the integrity of the seized drugs remains intact. As
jurisprudence has shown, what is of utmost importance is the preservation of
the integrity and evidentiary value of the seized items, a requisite present in
the instant case. The documentary and testimonial evidence, taken together,
59
The defense claims that there were gaps in the chain of custody of the shabu
allegedly seized raising doubts as to the ownership of the shabu. The defense
claims that since the apprehending officers were not the ones who placed the
markings on the shabu immediately after its seizure, there is doubt as to
whether this was the one presented during trial.
Issue:
Whether or not Rusiana is guilty of the crime of unauthorized sale of shabu.
Ruling:
Yes. Jurisprudence dictates that conviction can be had in a prosecution for
illegal sale of regulated or prohibited drugs if the following elements are
present: (1) the identity of the buyer and the seller, the object, and the
consideration; and (2) the delivery of the thing sold and the payment for it. We
hold that these elements have been satisfied by the prosecution’s evidence.
Trial courts are our eyes.. As found by the trial court and affirmed by the CA, the
police officers who testified gave a straightforward narration of the buy-bust
operation. We see no circumstance contradicting this finding.
members corroborated each other's testimonies on how they saw Boy Bicol
talking to Dela Cruz by a table inside the Nipa hut and that table, they testified,
was the same table where they saw the shabu once inside the nipa hut. This
fact was used by the prosecution to show that accused-appellant exercised
dominion and control over the shabu on the table. This is too broad an
application of the concept of constructive possession. Dela Cruz did not have
dominion or control over the nipa hut. Neither was he a tenant or occupant of
the nipa hut, a fact not disputed by the prosecution. The target of the operation
was Boy Bicol. Accused-appellant was merely a guest of Boy Bicol.
While Ferraren was the OIC-M, Pactolin borrowed Abastillas’ letter from the
assistant treasurer, Alma Toledo, to photocopy the same. Afterwards, Pactolin
filed a complaint against Mario with the Ombudsman, alleging that Mario
illegally disbursed public funds in connivance with the then city accountant,
Cynthia Ferarren. Attached as “Annex A” was the alleged falsified version of
Abastillas’ letter. Therein, it was shown that it was Mario, not Fuentes, who
approved the request for financial assistance. Aggrieved, Mario instituted a
criminal complaint against Pactolin before the Sandiganbayan. Pactolin was
charged of falsification of public document under Article 171(2) of the Revised
Penal Code.
Issue:
Whether or not Pactolin is guilty of falsifying a public document.
Ruling:
Yes. The Sandiganbayan had established the following undisputed facts: (1) the
request for financial assistance of the volleyball players, represented by
Abastillas, was approved by Mayor Fuentes and not by OIC-Mayor Mario; (2) the
original Abastillas letter was in the custody of Toledo in her official capacity and
she testified that the approving authority was Mayor Fuentes and no other; (3)
Pactolin borrowed the Abastillas letter for photocopying upon oral request, and
Toledo granted the said request because she knew him as a member of the
Sangguniang Panlalawigan of their province; and (4) Pactolin filed a complaint
against Mario with the Ombudsman for illegal disbursement of public funds, and
62
Ruzol contends on the other hand that as Chief Executive of the municipality of
General Nakar, Quezon, he is authorized to issue permits to transport forest
products pursuant to RA 7160. The Sandiganbayan rendered decision finding
Ruzol guilty offense of Usurpation of Official Functions as defined and penalized
under Article 177 of the Revised Penal Code.
Issue:
Whether or not Ruzol is guilty of Usurpation of Official Functions as defined and
penalized under Article 177 of the Revised Penal Code.
Ruling:
No. The case of usurpation against Ruzol rests principally on the prosecution’s
theory that the DENR is the only government instrumentality that can issue the
permits to transport salvaged forest products. DENR is not the sole government
agency vested with the authority to issue permits relevant to the transportation
63
No. There is no proof that Pescadera misappropriated the amount for his
personal use.
The demand made by Provincial Auditor recommending to the Chairperson of
the COA in the "State Auditor’s Opinion on the Financial Statements" where it
was stated “require the Provincial Treasurer to remit all trust liabilities such as
GSIS premiums/loans repayments/state insurance, MEDICARE AND PAGIBIG” is
not the demand contemplated by law. The demand to account for public funds
must be addressed to the accountable officer. It can be concluded then that
Pescadera was not given an opportunity to explain why the GSIS premiums
were not remitted. Without a formal demand, the prima facie presumption of
conversion under Art. 217 cannot be applied.
The elements of Art. 217 are: (1) the offender is a public officer, (2) he or she
has custody or control of the funds or property by reason of the duties of his
office, (3) the funds or property are public funds or property for which the
offender is accountable, and, most importantly, (4) the offender has
appropriated, taken, misappropriated or consented, or, through abandonment
or negligence, permitted another person to take them. The last and most
important element of malversation. There is no proof that Pescadera used the
GSIS contributions for his personal benefit. The prosecution merely relied on the
presumption of malversation which has already been disproved due to lack of
notice.
Yes. The elements common to all acts of malversation under Article 217 are: (a)
that the offender be a public officer; (b) that he had custody or control of funds
or property by reason of the duties of his office; (c) these funds were public
funds or property for which he was accountable; and (d) that he appropriated,
took, misappropriated or consented or through abandonment or negligence,
permitted another person to take them.
After the government auditors discovered the shortage and demanded an
explanation, Wa-acon was not able to make money readily available,
immediately refund the shortage, or explain satisfactorily the cash deficit.
These facts or circumstances constitute prima facie evidence that he converted
such funds to his personal use. Since Wa-acon lamentably fell short of adducing
the desired quantum of evidence, his weak and unconvincing testimony
standing alone did not overthrow the presumption that he misappropriated
public funds. Without any strong and convincing proof to bring down the
disputable presumption of law, the Court is left with no other option but to
sustain petitioner’s conviction.
held liable for the pertinent offenses under Section 3 of R.A. 3019, in
consonance with the avowed policy of the anti-graft law to repress certain acts
of public officers and private persons alike constituting graft or corrupt
practices act or which may lead thereto.
Misconduct
CORAZON TENORIO, REPRESENTED BY IMELDA TENORIO-ORTIZ v.
ALYN C. PERLAS, SHERIFF III
A.M. No. P-10-2817, January 26, 2011, Velasco, Jr., J.
While it is true that sheriffs must comply with their mandated ministerial duty
to serve court writs, execute all processes and carry into effect all court orders
promptly and expeditiously, it needs to be pointed out that this ministerial duty
is not without limitation. In the performance of their duties, they are deemed to
know what is inherently right and inherently wrong and are bound to discharge
such duties with prudence, caution and attention which careful men usually
exercise in the management of their affairs.
Facts:
According to the letter-complaint of Tenorio, Sheriff Perlas, accompanied by
other persons, arrived at her store, Ten Rey Gravel and Sand and Construction
Materials and served upon her a Notice of Levy on Attachment clearly
addressed to spouses Edgardo Pile and Marissa Pile (spouses Pile) of Apalit,
Pampanga. Tenorio emphasized that Sheriff Perlas served the notice in a
discourteous and arrogant manner. After this, Tenorio showed Sheriff Perlas the
Certificate of Car Registration of their two units of dump trucks and pleaded to
68
her not to take the trucks away because they were the registered owners of the
trucks. However, despite this, Sheriff Perlas forcibly took the two units of trucks
without even verifying with the LTO as to who were the true registered owners
of the trucks. Aggrieved, Tenorio filed a Complaint-Affidavit before the Office of
the Court Administrator, charging Sheriff Perlas with Oppression, Dishonesty
and Grave Misconduct under RA 6713 and with violation of RA 3019. According
to Tenorio, Sheriff Perlas used her public office as Sheriff to oppress and harass
her.
Sheriff Perlas denied all the allegations and recounted that Judge Gaerlan-
Mejorada issued a Writ of Preliminary Attachment against Spouses Pile in
relation to a civil case. She claimed that she acted within the scope of her
authority and maintained that she was not arrogant, discourteous or callous.
Issue:
Whether or not Sheriff Perlas is guilty of simple misconduct.
Ruling:
Yes. The conduct of Sheriff Perlas in implementing the Writ is inexcusable. The
facts clearly show that the two trucks seized by her did not belong to the
spouses Pile but to herein complainant, Tenorio. What is more, she could have
acted in good faith and checked from the LTO the identity of the registered
owners of the said vehicles before proceeding with their seizure. As agents of
the law, sheriffs are called upon to discharge their functions with due care and
utmost diligence because, in serving the court's processes and implementing
its order, they cannot afford to err without affecting the integrity of their office
and the efficient administration of justice.
Misconduct is the unlawful behavior of a public officer. It means the "intentional
wrongdoing or deliberate violation of a rule of law or standard of behaviour,
especially by a government official." In order for misconduct to constitute an
administrative offense, it should be related to or connected with the
performance of the official functions and duties of a public officer. Accordingly,
Sheriff Perlas is only guilty of misconduct in the discharge of her functions.
uttering a word, Tomas drew a gun and shot Estrella twice, while Gatchalian,
without a gun, allegedly blocked the road, and Doctor positioned himself at the
back of Damiana and Angelina and poked a gun at them. Estrella fell down but
Tomas fired three more gunshots at the former when she was already down on
the ground. After which, the three accused fled from the scene of the crime.
The RTC convicted the accused Tomas, Doctor and Gatchalian of the offense of
Murder and appreciated the attendance of treachery and conspiracy which the
CA affirmed with modification. Hence, this petition was filed.
Issue:
Whether or not aleviosa or treachery attended the commission of the crime.
Ruling:
Yes. The issue of the presence of treachery hinges on the account of
eyewitnesses Liezl and Angelita, who witnessed everything from the inception
of the attack until accused-appellants fled from the crime scene. Both were not
only certain and unwavering in their positive identification of accused-
appellants, but their testimony, as aptly noted by the courts a quo, were also
factual, straightforward and convincing on how the murder transpired.
While the party of Estrella was walking, accused-appellants suddenly appeared
from the side of the road. Without uttering any word, Tomas, Sr. drew his gun
and shot Estrella twice, while Doctor simultaneously poked a gun at Angelita
and Damiana. And when Estrella already fell down, Tomas, Sr. shot her thrice
more perhaps to ensure her death. Then accused-appellants fled. It is, thus,
clear that the shooting of Estrella by Tomas, Sr. was done with treachery. The
nefarious act was done in a few moments, it was unexpected as it was sudden.
The act of Doctor in immobilizing Angelita and Damiana in those brief moments
afforded and ensured accused-appellants impunity from the unarmed Estrella
and her three similarly unarmed companions.
the witnesses, the appellate court found no inconsistencies that would question
their credibility. Hence, this petition.
Issue:
Whether or not the guilt of Anthony has been established beyond reasonable
doubt considering the testimonial evidence presented by the prosecution.
Ruling:
Yes. Nida firmly stated that she saw accused-appellants fire at her. The court
further affirms the lower courts reliance on the testimony of Leopoldo,
specifically, that the latter was at the crime scene and witnessed the attack. He
was not among the first to arrive at Nidas house because he hid behind a pile of
soil for three minutes after the shooting incident. Also, a witness inability to
move, help or even to run away when the incident occurs is not a ground to
label his testimony as doubtful and unworthy of belief. There is no prescribed
behavior when one is faced with a shocking event. Moreover, The CA correctly
held that a shotgun can fire a single bullet with several pellets that can cause
multiple injuries or deaths. Anthonys alibi, that he was at Alfredo Dalidas house,
has no merit. Alibi is the weakest of defenses. The Court has patiently
reiterated the requisites for alibi to prosper, that is, the accused was not at the
locus delicti when the offense was committed and it was physically impossible
for him to be at the scene of the crime at the approximate time of its
commission. Anthony failed to comply with the time and distance requisites of
alibi.
It is doctrinal that the trial courts evaluation of the credibility of a witness and
his or her testimony is accorded the highest respect because of the courts
untrammeled opportunity to observe directly the demeanor of a witness and,
thus, to determine whether he or she is telling the truth. It is also settled that
when the trial courts findings have been affirmed by the appellate court, said
findings are generally conclusive and binding upon this Court.
Ruling:
Yes. The elements of murder are established: (1) Jondel was killed; (2) the
accused Cecilia killed him; (3) the killing was attended by treachery, a
qualifying circumstance mentioned in Art. 248, RPC; and (4) the killing is not
parricide or infanticide.
Two elements must be present for treachery to exist: (1) at the time of the
attack, the victim was not in a position to defend himself; and (2) the accused
consciously and deliberately adopted the particular means, methods, or forms
of attack employed by him. Both elements were present when Cecilia
deliberately, swiftly, and unexpectedly stabbed Jondel, who was only lighting a
cigarette, offering the latter no chance to resist or escape.
Issue:
Whether or not the delay impaired Nietes’ credibility.
Ruling:
No. Delay in revealing the identity of the perpetrators of a crime does not
necessarily impair the credibility of a witness, especially where sufficient
explanation is given. No standard form of behavior can be expected from
people who had witnessed a strange or frightful experience. Jurisprudence
recognizes that witnesses are naturally reluctant to volunteer information about
a criminal case or are unwilling to be involved in criminal investigations
because of varied reasons. Some fear for their lives and that of their family;
while others shy away when those involved in the crime are their relatives or
townmates. And where there is delay, it is more important to consider the
reason for the delay, which must be sufficient or well-grounded, and not the
length of delay.
In this case, although it took Nietes more than two years to report the identity
of the assailants, such delay was sufficiently explained. Nietes stated that he
feared for his life because the three accused also lived in the same town and
the incident was the first killing in their area. He only had the courage to reveal
to Dolores what he had witnessed because his conscience bothered him.
On November 20, 2001 in a forested area nearby the place and house of the
accused Didong and company, Didong hit with his piece of wood the nape of
Ahladdin (the victim who was also drunk at the time) then held by the hand by
Nante. When Nante released his hold, Didong again hit Ahladdin on the back of
the knees. After Boyet, Nante and Didong stabbed Ahladdin, Fred Gongon shot
him saying “Siguraduhin niyo patay na yan”. The following morning the dead
body of Ahladdin was discovered. Consequently, based on these established
facts Didong and company were charged of murder qualified by treachery. On
this charge Didong merely provided the defense of alibi and denial. He testified
to being at Tata Freds house from five in the afternoon of November 20, 2001
until seven in the evening. Accordingly, he then headed home and stayed there
the whole night. He only found out about Ahlladins death when his neighbors
informed him about it the next day.
Issues:
Whether or not Didong was guilty of murder for the killing of Ahladdin as
qualified by treachery.
Ruling: Yes. We find that circumstances do exist to justify the finding of
treachery in this case. The prosecution alleged and sufficiently proved that
Ahlladin was too drunk to fight off any aggression from his four assailants, at
least two of them armed. His killers took advantage of his condition and
attacked him without considerable difficulty, as plainly seen in the post mortem
report on Ahlladin’s body.
Where the victim is below 12 years old, the only subject of inquiry is whether
carnal knowledge took place. Proof of force, threat or intimidation is
unnecessary since none of these is an element of statutory rape. There is
statutory rape where, as in this case, the offended party is below 12 years of
age. In light of this perspective, the absence of a struggle or an outcry from
AAA, if this really be the case, vis--vis the first three, i.e., 1997, 1998 and 1999,
dastardly attacks, would not carry the day for Araojo.
considerations and because it is quite incredible that after going through the
process of having the accused apprehended by the police, positively identifying
him as the rapist, and enduring humiliation and examination of her private
parts, the victim would suddenly declare that the wrongful act of the accused
does not merit prosecution.
Facts:
AAA testified sleeping in their house and waking up at around 6 o’clock in the
evening with the feeling of something heavy pressing on her body. It turned out
to be her father, Joselito Orje, who proceeded to strip out her shorts and
underwear and inserted his penis into her vagina. Even though she attempted
to shout and struggle to break free in the beginning, her efforts proved futile as
he was holding her hands and covering her mouth at the same time.
Eventually, she succeeded in extricating herself and got hold of a chair which
she threw at the accused. Two days after the harrowing incident, the accused
slapped her for arriving home late. When she was combing her hair, accused
suddenly came up from behind and started to fondle her breasts. This turn of
events prompted AAA to run to her cousin, BBB, for help and in the latter’s
house, AAA confided what she had gone through. BBB informed her parents
who, in turn, reported the matter to the police. Accused’s arrest followed. AAA
also testified that apart from the above incidents, accused also molested her
two years prior on two different dates. She, however, kept the painful episodes
to herself for fear that her father would make good on his threat to kill her
mother. Apart from AAA’s testimony in the witness stand, the Medico-Legal
Report shows clear evidence of forceful insertion or penetration of something
into AAA’s vagina. The RTC and the CA found accused guilty beyond reasonable
doubt, appreciating the twin qualifying aggravating circumstances of minority
and relationship.
Issue:
Whether or not the prosecution has established accused-appellant’s guilt
beyond reasonable doubt.
Ruling:
Yes. We fully agree with the findings of the RTC, as affirmed by the CA, that
accused-appellant sexually abused AAA. Both courts were correct in giving
credence to AAAs positive testimony the first time around notwithstanding her
retraction of her previous testimonies and the allegations contained in her
affidavit of desistance.
Rape may now be prosecuted de oficio; a complaint for rape commenced by the
offended party is no longer necessary for its prosecution. As corollary
proposition, an affidavit of desistance by the complaining witness is not, by
itself, a ground for the dismissal of a rape action over which the court has
already assumed jurisdiction. An affidavit of desistance is merely an additional
ground to buttress the accused’s defenses, not the sole consideration that can
result in acquittal. There must be other circumstances which, when coupled
with the retraction or desistance, create doubts as to the truth of the testimony
given by the witnesses at the trial and accepted by the judge.
In rape cases, the credibility of the victim is very important because of the
following guiding principles: (a) an accusation for rape is easy to make, difficult
to prove and even more difficult to disprove; (b) in view of the intrinsic nature
of the crime, the testimony of the complainant must be scrutinized with utmost
caution; and (c) the evidence of the prosecution must stand on its own merits
and cannot draw strength from the weakness of the evidence for the defense.
Facts:
While AAA was sleeping with her siblings in her house at around 2pm, the
accused Ben Rubio approached her and removed her shorts and panty. AAA
tried to resist but he was too strong, and Ben succeeded in inserting his penis
inside AAA's vagina.
Ben was charged with qualified rape. During pre-trial, the parties stipulated that
AAA was a minor at the time of the incident and that the accused was AAA’s
father. Both the RTC and CA convicted Ben as charged. The accused appealed
to the SC, challenging the credibility of the victim-complainant based on minor
inconsistencies. The accused also claims that AAA failed to shout during the
alleged assault.
Issue:
Whether or not Ben is guilty of qualified rape.
Ruling:
Yes. There is qualified rape if the crime of rape is committed and coupled with
any of the aggravating circumstances mentioned in Art. 266-B, i.e. when the
victim is under eighteen (18) years of age and the offender is a parent. The
crime of rape is committed when a man shall have carnal knowledge of a
woman against her will through force, threat, or intimidation. Here, the parties
stipulated that the victim was a minor at the time of the incident, and that the
accused was her father. AAA’s testimony also establishes the fact that Ben had
carnal knowledge with her through force and/or intimidation. The fact that she
was not able to shout is immaterial since physical resistance is not an essential
element of rape.
The challenge must fall since (1) rape victims are not expected to make an
errorless recollection of a very humiliating and painful incident, so humiliating
and painful that they might in fact be trying to remove it from their memory.
Inaccuracies, for as long as not material, will not impair AAA’s testimony. (2)
The testimonies of child victims are given full weight and credit, for youth and
immaturity are badges of truth.
her, to which AAA answered in the affirmative. The teacher reported the same
to the DSWD, and BBB, her mother learned the rape incident. Martinez was
then charged with three counts of qualified rape. In his defense, Martinez raised
denial and alibi that he was away from their house during the times that the
alleged rape took place. RTC found Martinez guilty of three counts of rape under
Art. 365 of the RPC. Convinced of AAA’s credibility, the CA affirmed the RTC
decision. Martinez argued that AAA’s testimony is not credible for she is
mentally retarded.
Issue:
Whether or not the credibility of a mentally retarded complaining witness
should be upheld.
Ruling:
Yes. It is a basic doctrine that anyone who can perceive, and perceiving, can
make known such perception to others, may be a witness. Thus, by itself,
mental retardation does not disqualify a person from testifying. What is
essential is the quality of perception, and the manner in which this perception is
made known to the court. The Court ruled in several cases that the credibility of
the mentally retarded complaining witness after noting that the witness spoke
unequivocally on the details of the crime should be upheld. The witness would
not have spoken tenaciously about her experience had it not really happened to
her.
In this case, AAA testified in a straightforward and categorical manner that her
father had raped her. She even demonstrated before the court their relative
positions during the molestations. And even during grueling cross-examination,
she remained consistent with her statement that her father had raped her.
Thus, her conduct before the court does not indicate that she had been
coached.
Ruling:
Yes. The inconsistencies that Martinez faults AAA with are too minor to be
considered. The date of the commission of the crime is not an element of the
crime of rape and has no substantial bearing on its commission. What is
essential is that there be proof of carnal knowledge of a woman against her will.
And the testimony of AAA clearly proved that Martinez had raped her. She
would not have been firm in her allegations had not the same really happened.
Wasit proceeded to insert his finers inside AAA’s sexual organ and told her not
to shout. After the rape incident, AAA report the matter to Wasit’s sister but
prevented her from leaving the boarding house. The next day, AAA told her
teacher about the incident and a few days later, AAA’s uncle brought her to a
hospital for medical examination, wherein it was reported that there was a
notable disruption of the continuity of the hymenal folds. On the other hand,
Wasit, a gardener, denied the rape incident. Wasit then was charged with rape.
RTC found him guilty as charged and this was affirmed by the CA. Wasit then
questioned the credibility of AAA’s testimony.
Issue:
Whether or not the credibility of the complaining victim should be upheld.
Ruling:
Yes. An accused’s conviction or acquittal depends on the credibility of
prosecution’s witnesses, most especially that of the private complainant, and
her candor, sincerity, and like virtues play a very significant role in the
disposition of the case. If, in the eyes, heart, and mind of the trial court, a
complainant’s testimony meets the test of credibility, then the accused may be
convicted solely on that basis. And it is clearly showed that AAA’s testimony on
Wasit’s act of molestation was positive and credible.
Second, the testimony of a minor rape victim is given full weight and credence
as no young woman would plausibly concoct a story of defloration, allow an
examination of her private parts, and thereafter pervert herself by being
subject to a public trial, if she was not motivated solely by the desire to obtain
justice for the wrong committed against her. Youth and immaturity are badges
of truth.
One day the following year, Llanas again sexually abused AAA, now 10 years
old. AAA, now 15 years old, was approached by Llanas and asked her to play.
AAA rejected as she was frightened by the remark but Llanas told her that:
"para lang yan. It's just that. You are not going to be pregnant because I'm
withdrawing my semen." Llanas was again able to have carnal knowledge with
AAA. On a later date, Llanas again attempted to ravish AAA but failed to do so.
Later, AAA disclosed everything to her mother and they reported to the police
the incident. Llanas denied all the allegations about raping AAA and said that
he was working at that time. The RTC found Llanas guilty which was affirmed by
the CA. Llanas questions the credibility of the prosecution’s key witness and its
evidence since AAA’s account is inconsistent and does not jibe with the normal
flow of things.
Issue:
Whether or not the testimony of AAA is sufficient to render conviction for
Llanas.
Ruling:
Yes. Rape is essentially an offense of secrecy involving only two persons and
not generally attempted save in secluded places far from prying eyes. By the
intrinsic nature of rape cases, the crime usually commences solely upon the
word of the offended girl herself and conviction invariably turns upon her
credibility, as the People's single witness of the actual occurrence.
Without hesitation, AAA had pointed an accusing finger at the appellant, her
father no less, as the person who forced himself on her on at least three
occasions and who caused her pain when he inserted his sex organ into her
vagina. As determined by the trial court, AAA's testimony on the fact of
molestation was given "in a straightforward and candid manner, unshaken by
rigid cress-examination that indeed she has been raped by her father in 3
occasions which are the subject of these cases."
Testimonies of rape-victims normally carry and are given full weight and credit,
since when a girl, particularly if she is a minor, says that she has been raped,
she says in effect all that is necessary to show that rape has in fact been
committed. When the offended party is of tender age and immature, courts are
inclined to give credit to her account of what transpired, considering not only
her relative vulnerability but also the shame to which she would be exposed if
the matter to which she testified is not true. Youth and immaturity are generally
badges of truth and sincerity.
lang ito" and pushed her inside the bathroom. Belo kissed and touched AAA's
private parts while pointing the knife at AAA and eventually he was able to
insert his penis into her vagina. Belo threatened her not to tell anybody about
what just happened, or else, he would kill her. AAA told her live-in partner about
it and they reported the incident to the authorities. Belo, in his defense, claims
that it was a consensual sex and that AAA was his girlfriend. Further, he claims
that the absence of bruises and contusions on AAA’s body, based on the
medico-legal report, negates the crime of rape. The RTC found Belo guilty of
rape and was affirmed by the CA.
Issue:
Whether or not Belo is guilty of rape despite his defense of consensual rape.
Ruling:
Yes. Further, the defense of consensual sex must be established by strong
evidence in order to be worthy of judicial acceptance. Notably, apart from
accused-appellant's allegation that he and AAA were sweethearts, no love
letter, memento or picture was presented by him to prove that such romantic
relationship existed. While Vergara testified on his knowledge of the supposed
relationship, he admitted that his basis was merely the information previously
given by accused-appellant and that he really had no personal knowledge
concerning the same. And as correctly observed by the Court of Appeals, even
supposing that the sweetheart theory is true, a love affair does not justify rape,
for the beloved cannot be sexually violated against her will for love is not a
license for lust.
The absence of bruises and contusions does not negate the commission of
rape. As held in People v. Dado (G.R. No. 87775, June 1, 1995): The absence of
finger grips, contusions, bruises or scratches on; the different parts of Eden's
body does not negate the commission of rape. It is not necessary that the
victim should bear marks of physical violence sustained by reason of the
persistence of the sexual attacker, nor is the exertion of irresistible force by the
culprit an indispensable element of the offense. Corollarily, Eden's failure to
shout or offer tenacious resistance cannot be said to render voluntary her
submission to the lustful criminal act of appellant.
intercourse were consensual. The RTC found Garbida liable for 7 counts of
statutory rape but the circumstances of minority and relationship were not
proved beyond reasonable doubt. AAA's birth certificate was not presented as
well as the marriage certificate between Garbida and AAA's mother. The RTC
also ruled that the offense was aggravated by ignominy since the omission was
done in the presence AAA’s mother. The CA modified the penalty imposed
reclusion perpetua due to the abolishment of the death penalty.
Issue:
Whether or not Garbida is guilty of statutory rape.
Ruling:
Yes. The acts were committed by accused-appellant in April of 1997, before RA
8353, the Anti-Rape Law of 1997, took effect on October 22, 1997 and
amended the provisions of the Revised Penal Code on the crime of rape. Thus,
Article 335(3) of the Revised Penal Code defining how statutory rape is
committed is the applicable law. The very act of sexual intercourse was
established, in fact admitted by accused-appellant. The age of AAA was
established before the RTC to be 11 years. The acts of accused-appellant fall
squarely under Art. 335 of the Revised Penal Code, as the elements of the crime
of statutory rape have been sufficiently proved. We held in People v. Lopez
(G.R. No. 179714, October 2, 2009): “It must be remembered that under the
law and prevailing jurisprudence, the gravamen of the offense of statutory rape
as provided under Article 335 of the Revised Penal Code is the carnal
knowledge of a woman below twelve years old. The only elements of statutory
rape are: (1) that the offender had carnal knowledge of a woman; and (2) the
such woman is under twelve (12) years of age.”
The voluntary submission of AAA, even if the Court were convinced that such is
the case, to the sexual desires of accused-appellant will not relieve him of
criminal liability. As she was 11 years old at the time, she could not give
consent, and if she had indicated in any way to accused-appellant that she
consented to having sexual intercourse with him, there is no reason for him,
were he not morally depraved, to take advantage of her consent. Sexual
congress with a girl under 12 years old is always rape.
happened who later helped her in filing the case. AAA underwent 3 medical
examinations. AAA also underwent a psychological examination in which it was
reported that AAA's mental condition is classified as severely retarded. It was
noted that AAA's IQ is equivalent to that of a 5-year-old child and needs to be
under continued counseling to help her develop the skills needed to enable her
to perform her daily living as a normal person. Paler denied the charges against
him. The RTC found him guilty and was affirmed by the CA which upheld AAA’s
credibility despite AAA’s mental capacity.
Issue:
Whether or not the testimony of Paler is guilty of rape despite the fact of AAA’s
mental retardation was not alleged in the informations.
Ruling:
Yes. In Article 256 of the Revised Penal Code, carnal knowledge of a woman who
is a mental retardate is rape. In this circumstance, what needs to be alleged in
the information and proven during trial are the facts of appellant's carnal
knowledge of the victim, and the victim's mental retardation. However, such is
not the situation here. In the case at bar, appellant was charged with rape
through force and intimidation. For conviction to lie, it is necessary for the
prosecution to prove two elements--that appellant had carnal knowledge of the
victim and that such act was done through force or intimidation. Clearly,
contrary to appellant's claims, an allegation in the Information of the victim's
mental retardation was not necessary.
Appellant attacks the victim's capacity to testify based on her weak mental
condition. However, as correctly held by the appellate court, mental
retardation, by itself, does not disqualify a person from testifying. What is
essential is the quality of perception, and the manner in which this perception is
made known to the court. In this case, records show that despite the victim's
mental retardation, she testified in a straightforward and categorical manner
that appellant had raped her.
Appellant's carnal knowledge of the victim was established by her categorical
narration of the incident. The victim clearly recounted how appellant pulled her
in a secluded portion of the cemetery, removed her clothes, and had sexual
intercourse with her. Aware that appellant had committed an act she describes
as "niyotnak" and "eyot", she said that she felt pain after the incident. Her
testimony is supported by the medico-legal findings of lacerations on her
hymen. Lacerations, whether healed or fresh, are the best physical evidence of
forcible defloration.
The aunt immediately reported the matter to the authorities. RTC and the CA
convicted Ofemiano with rape. Hence, this case. Ofemiano argues that it was
unlikely that the complaining witness did not struggle to free herself or scream
for help, considering that her mother and siblings were sleeping beside her and
could easily be awakened. Likewise, accused-appellant questions the fact that
the complaining witness could not remember the dates when the sexual
molestations occurred.
Issue:
Whehter or not Ofemiano is guilty of rape.
Ruling:
Yes. In People v. Corpuz, we acknowledged that even absent any actual force or
intimidation, rape may be committed if the malefactor has moral ascendancy
over the victim. We emphasized that in rape committed by a close kin, such as
the victim’s father, stepfather, uncle, or the common-law spouse of her mother,
moral influence or ascendancy substitutes for violence or intimidation. Thus, in
this case, it was understandable for the victim to have silently endured the
sexual attacks of her mother’s live-in partner. As correctly observed by the
appellate court, accused-appellant evidently used his moral ascendancy over
the victim to carry out his bestial desire.
In this case, the victim was raped almost every night for a year by her mother’s
live-in partner, with her mother turning a deaf ear to her cries for help. Under
these circumstances, we could not expect the victim to recall her harrowing
experiences in an exact, detailed, and flawless testimony. Verily, as in this case,
it is sufficient if the acts complained of are alleged to have taken place as near
to the actual date at which the offenses are committed as the information or
complaint will permit.
In support of his position, Malate draws attention to the fact that during direct
examination, BBB testified that her path was allegedly blocked by him and,
then and there, she was forcibly assaulted. But during her cross-examination,
she stated that Malate passed by her and then suddenly grabbed her from
behind. Likewise, he points out that BBB was positive of the rapist’s identity
because of a light emanating from the houses nearby; but again, during her
cross-examination, she stated that the light came from the brightness of the
moon and a lamp post. To him, the foregoing inconsistencies and discrepancies
in the testimony should suffice to support a judgment of acquittal.
Issue:
Whether or not trial court gravely erred in giving full weight and credence to
the prosecution witness’ materially inconsistent and unreliable testimony.
Ruling:
No. Accused-appellant cannot plausibly bank on the minor inconsistencies in
the testimony of the complainant to discredit her account of the incident. Even
if they do exist, minor and insignificant inconsistencies tend to bolster, rather
than weaken, the credibility of the witness for they show that his testimony was
not contrived or rehearsed. Trivial inconsistencies do not rock the pedestal upon
which the credibility of the witness rests, but enhances credibility as they
manifest spontaneity and lack of scheming. As aptly held in the American case
of State v. Erikson, the rule that a victim’s testimony in sexual assault cases
must be corroborated "does not apply where the inconsistency or contradiction
bears upon proof not essential to the case." Well to point, even the most
truthful witnesses can sometimes make mistakes, but such minor lapses do not
necessarily affect their credibility.
victim is under 18 years old and the offender is her own father, RTC imposed
upon him the mandatory penalty of death by lethal injection.
Issue:
Whether or not RTC erred in allowing the amendment of the Information and in
ruling that Capwa is guilty of raping his daughter
Ruling:
No. Capwa confused the determination of probable cause to hold a person for
trial with the determination of probable cause to issue a warrant of arrest. The
duty to determine the existence of probable cause in order to charge a person
for committing a crime rests on the public prosecutor. On the other hand, the
duty to determine whether probable cause exists to issue a warrant of arrest
rests on the judge––a judicial function to decide whether there is a necessity for
placing the accused under immediate custody in order not to frustrate the ends
of justice. Courts cannot interfere with the discretion of the public prosecutor in
evaluating the offense charged. Thus, it cannot dismiss the information on the
ground that the evidence upon which the information is based is inadequate.
home during the date when the alleged rape occurred. He further alleged that
he did not know why AAA would accuse him of raping her; and the fact that
AAA failed to immediately tell her mother of the rape right after it occurred cast
serious doubt on the credibility of the victim.
Issue:
Whether or not Ela is guilty of raping his minor daughter.
Ruling:
Yes. In prosecuting for rape, the single most important issue is the
complainant's credibility. A medical examination and a medical certificate are
merely corroborative and are not indispensable to a prosecution for rape. The
court may convict the accused based solely on the victim's credible, natural,
and convincing testimony. In rape cases, the lone testimony of the victim, if
credible and free from fatal and material inconsistencies and contradictions,
can be the basis for the prosecution and conviction of the accused. The rule can
no less be true than when a rape victim testifies against her own father;
unquestionably, there would be reason to give it greater weight than usual.
One of the most convincing pieces of evidence that leaves no doubt as to the
guilt of Ela is the testimony of his wife, CCC, who incidentally testified in his
favor. Ela claimed, as an alibi, that he was in Laguna at the time the rape
occurred. It is clear that he would like to make it appear that he was too far
away from their residence in Tagaytay City to rape his daughter. However, CCC
clearly stated in her testimony that when she found out about the rape
incident, she went to Dasmariñas, Cavite where the Ela worked in order to
confront him. Dasmariñas, Cavite is merely a half-an-hour away from Tagaytay
City via public transportation. In other words, it was not physically impossible
for accused-appellant to be in Tagaytay City at the time of the rape. Hence, the
eloquent testimony of the victim, coupled with the medical findings attesting to
her non-virgin state, should be enough to confirm the truth of the charges.
Issue:
Whether or not Achas is guilty.
Ruling:
Yes. Physical resistance need not be established when intimidation is brought to
bear on the victim and the latter submits herself out of fear. As has been held,
the failure to shout or offer tenuous resistance does not make voluntary the
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the crime of rape was committed. Moreover, assuming arguendo that he was
indeed impotent since 1995, it does not discount the possibility that his
erection was cured by drugs like Viagra or Ciales. There was simply no proof of
his alleged impotency on June 6, 1998 when the beastly act of rape was
committed against AAA.
Furthermore, we find the testimony of Cruz’s wife Melinda more harmful than
helpful to the theory of the defense. It can be recalled that she testified as to
having infrequent sexual intercourse with her husband after 1995 because he
had become impotent. This contradicts Cruz’s claim that it was impossible for
him to have raped AAA because of his medical condition. Apparently his alleged
impotence, which started in 1995, did not completely stop him from engaging
in sexual intercourse over the years.
Facts:
Nelso Abon was charged with the crime of qualified rape. He interposed denial
and alibi as his defenses. He further casted doubt on AAA’s credibility by
tagging her as a disturbed child who invented the accusation against him
because he maltreated her. However, the court found him guilty of having
raped his own daughter.
Issue:
Whether the victim’s alleged mental disturbance makes her testimony
incredible.
Ruling:
No. Rape victims, especially those of tender age, would not concoct a story of
sexual violation, or allow an examination of their private parts and undergo
public trial, if they are not motivated by the desire to obtain justice for the
wrong committed against them. Moreover, a rape victim’s testimony against
her father goes against the grain of Filipino culture as it yields unspeakable
trauma and social stigma on the child and the entire family. Thus, great weight
is given to an accusation a child directs against her father.
against her will or without her consent. What is imperative is that the element
of force or intimidation be proven; and force need not always produce physical
injuries.
Facts:
AAA, 14 years old, accompanied her aunt to school to attend a PTA meeting.
She left to get refreshments and on her way back to school, Teczon invited her
to eat in his house but she refused. He then pulled out a fan knife and pointed it
to the left side of her neck, dragged her to a forested area, and raped her there.
Teczon was charged with rape. In his defense, he alleged that on the same day
on his way to see the albularyo, he saw a boy and a girl having sex behind
some tall plants 10-15 meters away from the road. He shouted at them and
they scampered in different directions and allegedly told the story to the
albularyo and school’s canteen operator. The RTC convicted him of rape, which
the CA affirmed.
Issue:
Whether or not Teczon is guilty of rape.
Ruling:
Yes. He is guilty of rape. Infliction of physical injury is not an essential element
of rape. What is imperative is that the element of force or intimidation be
proven; and force need not always produce physical injuries. Notably, force,
violence, or intimidation in rape is a relative term, depending on the age, size,
strength, and relationship of the parties. In her testimony, complainant stated
that accused-appellant dragged her into a forested area with a knife pointed on
her neck. As correctly observed by the trial court, complainant submitted to the
will of accused-appellant because of fear for her life.
Complainant could not be faulted for initially concealing the truth from her
schoolmates and teacher as she was, at that time, still overcome by shock and
fear. There is no standard form of reaction for a woman, much more a minor,
when confronted with a horrifying experience such as a sexual assault. The
actions of children who have undergone traumatic experience should not be
judged by the norms of behavior expected from adults when placed under
similar circumstances.
To stress, when the offended party is a young and immature girl between the
ages of 12 to 16, as in this case, courts are inclined to give credence to her
version of the incident, considering not only her relative vulnerability but also
the public humiliation to which she would be exposed by a court trial if her
accusation were untrue.
him guilty, which the CA affirmed. Ugos contends that the testimonies of AAA
and her mother reveal only the commission of acts of lasciviousness and not
rape since he only inserted his finger into her sex organ.
Issue:
Whether or not Ugos is guilty of rape.
Ruling:
Yes. He is guilty of rape, not mere acts of lasciviousness. The charge of rape
was supported by the testimony of AAA, and the medical report on her physical
injuries. Accused-appellant’s denial of the crime cannot prevail over the positive
testimony of the victim. A rape victim’s straightforward and candid account,
corroborated by the medical findings of the examining physician, is sufficient to
convict the accused. This conclusion becomes all the more firm where, as in this
case, the child-victim takes the witness stand. Previous decisions involving rape
cases have shown us the high improbability that a girl of tender years would
impute to any man a crime so serious as rape if what she claims is not true.
Third, the defenses of denial and alibi do not foreclose the commission of rape
by Ernesto; Fourth, the qualifying blood relationship between the minor AAA
and Ernesto had adequately been proved.
As regard the qualifying circumstance, Minority and relationship which, in a
prosecution for rape, constitute special qualifying circumstances must be
alleged in the information and proved during trial. These aggravating, nay,
qualifying, circumstances have been duly alleged and proved beyond
reasonable doubt. In the instant case, the twin aggravating circumstances of
minority of the victim and her blood ties to the offender were properly
appreciated. The concurrence of the minority of the rape victim and her
relationship to the offender is a special qualifying circumstance which ups the
penalty.
AAA through force and intimidation and without her consent. The trial court
convicted Pepito after finding that sexual congress through force and
intimidation had been sufficiently established. It did not consider the mental
condition of AAA because it was no longer necessary. As correctly ruled by the
CA, AAAs mental retardation was inconsequential because the conviction of the
accused was based on the use of force and intimidation.
rape for fear for her personal safety. The failure of the victim to shout for help
does not negate the commission of rape.
The allegation in the information that the offender is a laborer of the offended
party does not by itself, without more, create the relation of confidence and
intimacy required by law for the imposition of the penalty prescribed for
qualified theft.
Facts:
Private complainant Vedua hired Viray to assist her in feeding the dogs and
cleaning their cage. In October, Vedua, before leaving, locked the doors of her
house, and left Viray to attend to her dogs. Later, Vedua arrived home, entering
through the back door of her house. As she was about to remove her earrings,
she noticed that her other earrings worth P25, 000.00 were missing. She then
searched for the missing earrings but could not find them. She also discovered
that her jacket, jewelry, a gameboy, a compact disc player, a Nokia cellular
phone and a Nike Air Cap were likewise missing. The total value of the missing
items supposedly amounted to P297, 800.00. Witnesses and pieces of evidence
pointed out to the accused.
The RTC held that the offense charged should have been robbery and not
qualified theft as there was an actual breaking of the screen door and the main
door to gain entry into the house. Aggrieved, Viray elevated the case to the CA.
However, the CA found that the Information filed shows that the prosecution
failed to allege one of the essential elements of the crime of robbery, which is
"the use of force upon things." But, the CA still held that a conviction of the
accused for qualified theft is warranted considering that Viray enjoyed Vedua’s
confidence, being the caretaker of the latter’s pets.
Issue:
Whether or not petitioner should be held guilty of simple theft.
Ruling:
Yes. The Court is inclined to agree with the CA that the taking committed by
petitioner cannot be qualified by the breaking of the door, as it was not alleged
in the Information. Also, it cannot be considered as qualified theft since private
complainant did not repose on Viray "confidence" that the latter could have
abused to commit qualified theft. The very fact that petitioner "forced open" the
main door and screen because he was denied access to private complainant’s
house negates the presence of such confidence in him by private complainant.
The offended party’s very own admission that the accused was never allowed
to enter the house where the stolen properties were kept refutes the existence
of the high degree of confidence that the offender could have allegedly abused
by “forcing open the doors of the same house.”
Without the circumstance of a grave abuse of confidence and considering that
the use of force in breaking the door was not alleged in the Information,
petitioner can only be held accountable for the crime of simple theft under Art.
308 in relation to Art. 309 of the RPC.
Facts:
An Information was filed against petitioner Zabala before the RTC, charging him
with theft. The RTC rendered its Judgment convicting petitioner of the offense
charged. Petitioner appealed to the CA but it was denied and the CA likewise
affirmed the decision of the TC. The CA ruled that the prosecution was able to
prove beyond reasonable doubt the guilt of the appellant through
circumstantial evidence.
The CA then found that the series of circumstances present in this case
supports a conviction, and constitutes the basis for a reasonable inference of
the existence of the facts thereby sought to be proved. Rejecting the defense of
petitioner, the CA ruled that he offered no evidence other than an alibi to
exculpate him from the crime charged. It then cited the rule that alibi is a weak
defense, and cannot prevail over the positive testimony of a truthful witness.
Petitioner moved for reconsideration, but CA denied it. Respondent People insist
that the prosecution was able to establish petitioner’s guilt beyond a
reasonable doubt. It argues that the CA correctly ruled that the series of
circumstances presented before the trial court is sufficient to support a
conviction. Petitioner alleges that the evidence presented before the trial court
is insufficient to convict him of the offense charged.
Issue:
Whether or not the evidence presented before the trial court is insufficient to
convict petitioner of theft.
Ruling:
Yes. To sustain a conviction based on circumstantial evidence, it is essential that
the circumstantial evidence presented must constitute an unbroken chain which
leads one to a fair and reasonable conclusion pointing to the accused, to the
exclusion of the others, as the guilty person. The circumstantial evidence must
exclude the possibility that some other person has committed the crime. The
Court finds that the prosecution failed to present sufficient circumstantial
evidence to convict the petitioner of the offense charged. We find that the
pieces of evidence presented before the trial court fail to provide a sufficient
combination of circumstances, as to produce a conviction beyond reasonable
doubt.
and violation of RA 7610. The RTC found Anguac guilty. CA affirmed the RTC’s
ruling but treated the crime of rape charged in Criminal Case No. RTC 2757-I as
a violation of Sec. 5(b) of RA 7610 instead of Sec. 5(a) as found by the trial
court. Anguac on the other hand, questioned the sufficiency of the
prosecution’s evidence
Issue:
Whether or not the character of the crime is determined by the caption of the
information.
Ruling:
No. The character of the crime is determined neither by the caption or
preamble of the information nor by the specification of the provision of law
alleged to have been violated, they being conclusions of law, but by the recital
of the ultimate facts and circumstances in the information. Consequently, even
if the designation of the crime in the information was defective, what is
controlling is the allegation of the facts in the information that comprises a
crime and adequately describes the nature and cause of the accusation against
the accused. Sec. 5(a) of RA 7610 refers to engaging in or promoting,
facilitating, or inducing child prostitution. Sec. 5(b), on the other hand, relates
to offenders who commit the act of sexual intercourse or lascivious conduct
with a child exploited in prostitution or subject to other sexual abuse. Since the
information charged accused-appellant with having sexual congress with AAA
through force, threats, and intimidation the allegations properly fall under a
charge of Sec. 5(b).
Anguac’s claim that it is impossible for AAAs young siblings sleeping beside or
near her not to be awakened while she was allegedly being rape is untenable.
Lust, being a very powerful human urge, is no respecter of time and place.
Rape can be committed in even the unlikeliest places and circumstances, and
by the most unlikely persons. The alleged motive of AAA is unwarranted.
Motives, such as those arising from family feuds, resentment, or revenge, have
not prevented the Court from giving, if proper, full credence to the testimony of
minor complainants.
(2) Whether the amount received was pursuant to a loan and not a trust
agreement.
Ruling:
(1) No. We agree with the CA that demand under this kind of estafa need not be
formal or written. The appellate court observed that the law is silent with regard
to the form of demand in estafa under Art. 315 1(b), thus:
When the law does not qualify, We should not qualify. Should a written demand
be necessary, the law would have stated so. Otherwise, the word demand
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should be interpreted in its general meaning as to include both written and oral
demand. Thus, the failure of the prosecution to present a written demand as
evidence is not fatal.
(2) No. As long as the money was received in trust, on commission, for
administration, or under an obligation to return, failure to account for it upon
demand is punishable under Art. 315 1(b).
In the case at bar, the amount was received by the petitioner for the sole
purpose of using it as show money to the bank. The money was entrusted to
her for a particular purpose. Hence, she did not acquire the right to dispose or
spend the amount as she sees fit; she had the obligation to account for said
amount.
of the Rules of Court mandates the correction of the information, not its
dismissal.
In offenses against property, if the subject matter of the offense is generic and
not identifiable, such as the money unlawfully taken as in Lahoylahoy, an error
in the designation of the offended party is fatal and would result in the acquittal
of the accused. However, if the subject matter of the offense is specific and
identifiable, such as a warrant, as in Kepner, an error in the designation of the
offended party is immaterial.
In the present case, the subject matter of the offense does not refer to money
or any other generic property. Instead, the information specified the subject of
the offense as "various kinds of jewelry valued in the total amount of P705 ,
685.00." The charge was thereafter sufficiently fleshed out and proved by the
Trust Receipt Agreement signed by Senador and presented during trial. The
error in the designation of the offended party in the information is immaterial
and did not violate Senador’s constitutional right to be informed of the nature
and cause of the accusation against her.
writing responsibly when practicing their profession, even when writing about
public figures or matters of public interest.
undertaken to check for contrabands. Notably, the consignee did not file any
complaint against petitioners.
The information charged petitioners for illegally flagging down, searching, and
seizing the three container vans on July 27, 2004. Petitioners, however, could
not also be held liable for these acts. It is a fact that no search and seizure of
the vans was done on the night of July 27, 2004. The act of flagging down the
vehicles is not among those proscribed by Sec. 2203 of the Tariff and Customs
Code. Mere flagging down of the container vans is not punishable under the
said law.
Well-entrenched in jurisprudence is the rule that the conviction of the accused
must rest, not on the weakness of the defense, but on the strength of the
prosecution. The burden is on the prosecution to prove guilt beyond reasonable
doubt, not on the accused to prove his innocence. In this case, the prosecution
failed to show that petitioners committed the acts prohibited by Sec. 2203 of
the Tariff and Customs Code. There is no such evidence, testimonial or
otherwise, that identifies petitioners as responsible for the alleged illegal
search. Hence, acquittal is in order.