Documente Academic
Documente Profesional
Documente Cultură
nflicts punishment
nature, and provides for its punishment without trial. Its essence is the substitution of a legislative act for a
judicial determination of guilt.
CRIME – an act committed or omitted in violation of a public law,
forbidding or commanding it Romualdez v COMELEC
SPS. Carlos and Erlinda Romualdez:
SOURCES OF CRIMINAL LAW: - 113 Mariposa Loop, Mariposa St., Bagong Lipunan,
1. RPC (Act No. 3815) and its amendments Krame, QC
2. Special Penal Laws and BP - 935 San Jose St., Barauen, Leyte
3. PDs 1st case: Viol of Sec. 261 (y) 2 and (y) 5 of the Omnibus
Election Code and Viol of RA 8189
People v Santiago - Dennis Garay and Angelino Postol
Gregorio Santiago & Porfirio Parondo 2nd case: Jan 2006; separate information
6m wide highway – 30mins/hr – Wagon between heaps of Mala Prohibita
stones Void for vagueness doctrine holds that a law is facially invalid
Act 2886, amending G.O 58 if men of common intelligence must necessarily guess its
Homicide by Reckless Negligence application
Sec. 2of GO 58 partake the same character as the
provisions in the Consti; said act is valid and constitutional PP v Dacuycuy
Provisions of GO have the character of a statutory law, the Judge Auxencio Dacuycuy
power of the legislature to amend it is self-evident. Celestino Matondo and Cirilo M. Zanoria
Our legislature which enacted Act 2886 is the legal Magna Carta for Teacher (RA 4670)
successor of the military govt Fixing of term penalties
RA 4760 is unconstitutional for it violates the prohibition
US v Pablo against undue delegation of legislative powers by vesting in
Andres Pablo – police; jueteng raid the court the responsibility of imposing a duration of
Francisco Dato – arrested; was just paid to plead guilty punishment
Maximo Malicsi & Antonio Rodrigo – Pablo let them escaped
Pablo’s testimony – denied seeing the 2; was paid P15 Pesigan v Angeles
Perjury under Act. No. 1697 which repealed Arts. 318-324 of Anselmo and Marcelino Pesigan – carabao dealers
RPC re: false testimony Arnulfo Venarosa and Dra. Bella Miranda confiscated the
carabaos for viol of EO 626-A
COMMON LAW CRIMES – body of principles, usages and rules of Replevin
action, which do not rest for their authority upon any express and EO should not be enforced bc it is a penal legislation
positive declaration of the will of the legislature published more than 2 months later in the OG
Summary confiscation was not in order
Art. II, Sec. 5 – The maintenance of peace and order, the protection Restoration of carabaos
of life, liberty and property, and promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of CHARACTERISTICS OF CRIMINAL LAW
democracy 1. General – binding on all persons who live or sojourn in the
Philippine territory
Art VI, Sec. 1 – The legislative power which shall be vested in the Exception: treaties and laws of preferential application
Congress of the PH which shall consist of a Senate and HoR, except - Persons exempted from our criminal laws
to the extent reserved to the people by the provision of initiative and Sovereigns and chief of states
referendum Ambassadors, Ministers Plenipotentiary,
Ministers Residenst and Charges d’
LIMITATIONS ON THE POWER OF THE LAWMAKING BODY TO Affaires
ENACT PENAL LEGISLATION
1. No ex post facto law or bill of attainder shall be enacted Minucher v Scalzo
2. No person shall be held to answer for a criminal offense Khosrow Minucher – labor attache, Iranian; viol of
without due process of law RA 6425; was later acquitted – filed damages
against Scalzo
AN EX POST FACTO LAW IS ONE WHICH:
Arthur Scalzo – special agent of US PEA
1. Makes criminal an act done before the passage of the law
Diplomatic immunity
and which was innocent when done, and punishes such an
act Scalzo was acquitted, for he is an agent of US Drug
2. Aggravates a crime, or makes it greater than it was, when Enforcement Agency, allowed by govt to conduct
committed activities in the country to help contain the problem
3. Changes the punishment and inflicts a greater punishment of drug trafficking.
than the law annexed to the crime when committed
4. Alters the legal rules of evidence, and authorizes conviction Liang v People
upon less or different testimony than the law required at the Jeffrey Liang – works as an economist at ADB
time of the commission of the offense Joyce Cabal – charged Liang for oral defamation
5. Assumes to regulate civil rights and remedies only, in effect Diplomatic immunity: Sec. 45 of the Agreement
imposes penalty or deprivation of a right for something which between ADB and PH Govt HQ
was done when lawful Liang is not covered by the immunity, for slandering
6. Deprives a person accused of a crime some lawful protection is not within the scope official duty
to which he has become entitled, such as the protection of a
former conviction or acquittal, or a proclamation of amnesty 2. Territorial – undertakes to punish crimes with PH territory
Exception: Art. 2 of RPC
Ombudsman – reinvestigation – Amended Info
US v Bull Lacson – principal to accessory
H. N Bull – master of vessel, willfully and unlawfully Lacson questioned the jurisdiction of
transport and bring into the port of Manila the head Sandiganbayan for not all the accused are public
of cattle and carabaos, without providing suitable officials
means for securing animals while in transit, so as Sandiganbayan has jurisdiction to all. It is suffice
to avoid cruelty and unnecessary sufferings that one is a public official
Animals to be tied by means of rings
Bull was found guilty of viol od Acts No. 55 and No. Go v Dimagiba
275 Fernando Dimagiba – guilty of BP 22 for the 13
The PH has jurisdiction over an offense committed dishonored checks issued in favor of Susan Go
on the high seas or within the territorial waters of MR - arrested
our country Dimagiba filed for Writ of Habeas Corpus
English Rule His Petition for WHC aims to reopen the case that
has already become final and executory
People v Wong Cheng SC-AC 12-2000 cannot be applied retroactively
Wong Cheng – illegally smoked opium aboard a because it does not delete the penalty of
merchant vessel Changsa of English nationality imprisonment
while in Manila Bay Not favorable to the accused
PH has jurisdiction. Smoking of opium breached
PH’s public order REVISED PENAL CODE
People v Look Chow Art. 1 – Time when Acts takes effect. January 1, 1932
Upon arrival of steamship Erroll (English
nationality) in the ports of Manila and Cebu, 2 sacks THEORIES IN CRIMINAL LAW
of opium were found during the search of cargo a) Classical Theory
4 cans of opium were also found where the crew - CL: freewill; Penalty: retribution
habitually sleep - Man is a moral creature with an absolute free will to
PH has jurisdiction. In this case, a can of opium is choose between good and evil, placing stress upon
landed from the vessel upon the PH soil, thus, the effect and result if the felonious act than the
committing an open violation of the laws of the land criminal
- Establishes a mechanical and direct proportion
People v Lol-lo and Saraw between crime and penalty
2 boats of Dutch possession left matuta: 1) Dutch - Scant regard to human element
and 2) 11 people from Holland b) Positivist Theory
2nd boat arrived at Buang and Bukid – surrounded - Man is subdued occasionally by a strange and
by Moros, all armed – brutally violated 2 women morbid phenomenon which constrains him to do
(Lol-lo and Saraw) wrong
The 2 were arrested for Piracy - Crime is a social and natural phenomenon
Piracy is a crime not against a particular state, but
against all mankind. It may be punished in the Magno v CA
competent tribunal of any country where the Oriel Magno - lease equipment for his car repair shop
offender may be found or into which he may be Corazon Magno (VP of Mancor) – financier; not known to
carried. Magno
The jurisdiction of piracy has no territorial limits Joey Gomez (LS Finance and Mngmt Corp) - lessor
1st check = Pacific Bank
3. Prospective – A penal law cannot make an act punishable 2nd checks = Piso Bank; 6 checks where 4 bounced
in a manner in which it was not punishable when committed BP 22
Exception: Whenever a new statute dealing with crime Magno was acquitted. Non -disclosure of facts evokes
established conditions more lenient or favorable to the suspicion that the transaction is irregular and immoral per se
accused,it can be given a retroactive effect; BUT, this has Unjust debt
no application when:
A new is expressly made inapplicable Art. 2 – Application of its provisions. Except as provided by treaties
The offender is a habitual criminal and laws on preferential application, the provisions of this Code shall
EFFECTS OF REPEAL ON PENAL LAW be enforced not only within the Philippine archipelago, including its its
If the repeal makes the penalty lighter, the new law atmosphere, its interior waters and its maritime zones, but also
applies outside of its jurisdiction, against those who:
If the new law imposes a heavier penalty, the law 1) Should commit an offense on a PH ship or airship
in force at the time of the commission of the crime 2) Should forge or counterfeit any coin or currency note of the
applies PH Islands, or obligations or securities issued by the
If the law totally repeals the existing law, so that the Government of the PH Islands
act which was penalized under the old law is no 3) Should be liable for acts connected with the introduction into
longer punishable, the crime is obliterated. these Islands of the obligations and securities mentioned in
the preceding number
People v Lacson 4) While being public officers or employees, should commit an
Recaredo Sarmiento – presscon re Kuratong offense in the exercise of their functions; OR
Baleleng case 5) Should commit any of the crimes against national security
Rub out ummary execution and the law of nations, defined in Title One of Book II of this
Lacson + 25 others – murder Code
RULES AS TO JURISDICTION OVER CRIMES COMMITTED People v Ah Chong
ABOARD FOREIGN MERCHANT VESSELS Ah Chong – cook at Officers’ quarters
1. French Rule Pascual Gualberto – houseboy
General Rule: When a ship enters territory = no jurisdiction The two of them were roommates
Exception: Unless, the peace of the ports has been One night – Pascual entered the house which awakened Ah
compromised by a commission of a crime Chong, who constantly asked “Who’s there?”
2. English Rule No answer – “If you enter the room, I will kill you.”
General Rule: When a ship enters territory = jurisdiction Ah Chong struck the intruder with a knife – Pascual died
Exception: Unless, the peace of the ports has not been
RTC: Homicide
compromised
SC: No criminal liability. Mistake of fact. If one has a
o PH follows this Rule
reasonable cause to believe the existence of facts which will
o Not applicable to warships
justify the killing, if without fault or carelessness he does
o Crimes not involving a breach of public order committed on
believe them, he is legally guiltless of the homicide
board a foreign merchant vessel in transit is not triable by
our courts
People v Oanis
Ex: mere possession of opium aboard a foreign
Antonio Oanis and Alberto Galanta – were instructed to
merchant vessel in transit
arrest a notorious criminal, Anselmo Balagtas
Reason: The crime did not spill over, and the peace
of the ports have not been threatened Suspected house – man was sleeping – both fired shots
Innocent man
Art. 3 – Definition. Acts and omissions punishable by law are felonies Oanis and Galanta were criminal liable. No mistake of fact.
(delitos)
People v Pugay
Felonies are committed not only by means of deceit (dolo), Please see Art. 8
but also by means of fault (culpa)
Calimutan v People
There is deceit when the act is performed with deliberate Drinking spree – Cantre and Saňano, with other companions
intent; and there is default when the wrongful act results from While otw, met with Rollie Calimutan and Michael Bulalacao
imprudence, negligence, lack of foresight, or lack of skill Cantre has a grudge against Bulalacao – punched
Calimutan picked a stone as big as a man’s fist – hit Cantre
ELEMENTS OF FELONIES Cantre died. Certificate of Death = cardio respiratory arrest
1) There must be an act or omission due to suspected food poisoning
2) It must be punishable by RPC Dr. Mendez: internal hemorrhage and massive accumulation
3) The act is performed or the omission is incurred by means of blood in his abdominal activity due to his lacerated spleen
of dolo or culpa RTC and CA: Calimutan guilty of homicide
SC: Reckless imprudence resulting to Homicide
FELONIES BY OMMISSION Proximate cause: stone thrown; culpable felony
Anyone who fails to render assistance to any person whom Absence of intent
he finds in an uninhabited place wounded or in danger of
dying, is liable for abandonment of persons in danger Diego v Judge Castillo
Any person entrusted with collection of taxes who voluntarily Cresencia Escoto and Jorge de Perio – married
fails to issue a receipt as provided by law is guilty of illegal Jorge – divorce in Texas
exaction Crescencia – married Manuel Diego
A Filipino who does not disclose his knowledge of any RTC: acquitted C for bigamy. GF by virtue of a divorce
conspiracy against the government decree
SC: Mistake of law does not excuse a person even the lay
NULLUM CRIMEN, NULLA POENE SINE LEGE
persons from liability. It is presumed that everyone knows
There is no crime when there is no law punishing it the law
Judge Castillo – gross ignorance of the law
REQUISITES OF DOLO
1) Freedom
People v Garcia
2) Intelligence
Renato Garcia – jitney – run at a greater speed without
3) Intent
taking necessary precaution
REQUISITES OF CULPA Hit and bumped Sanily Billon – died
1) Freedom Reckless Imprudence resulting in Homicide. Inexcusable
2) Intelligence lack of precaution when he disregarded the traffic signs
3) Imprudence, negligence, lack of foresight or lack of skill cautioning motorists to slow down
People v Bayona B, who was being fired at with a gun by C to kill him, fired his pistol at
Cornelio Bayona – revolver the latter in self-defense, but missed him and instead killed D.
Precint 4 @ Pilar, Capiz – election B is not criminally liable. One acting in self-defense is not
Jose Desiderio committing a felony
Breach of electoral act. Intent is immaterial when a statutory
provision is violated. Any person who creates in another’s mind an immediate
Mala Prohibita. Presumption: Act was intentionally done. sense of danger, which causes the latter to do something
resulting in the latter’s injuries, is liable for the resulting
US v Chico injuries
Go Chico – flags and banners used in the insurrection of the
PH During a robbery in a jeepney, one of the culprits told the women
Viol of Act No. 1696 passengers to bring out their money and not to shout or else there will
be shots. One of the women jumped. She died.
Mala Prohibita. The legislature did not intend that a criminal
intent must exist for there to be a crime. They did commit an The culprit is liable. When he demanded money and
act and the act is the crime itself. threatening to shoot them if they would not bring it out, a
felony was committed.
Estrada v Sandiganbayan If a person whom a criminal assault is directed against
Plunder under RA 7080 reasonably believes himself to be in danger of death or great
bodily harm, impelled by the instinct of self-preservation,
Constitutionality of said act
assailant is liable.
SC: constitutional
Plunder is malum in se which requires criminal intent. It is a Wrong done must be the direct, natural and logical
heinous crime, for the acts were inherently wrong or immoral consequence of a felonious act.
1) The victim was threatened with a knife, so he
MOTIVE – moving power which impels one to action for a definite
jumped into the water, and drown.
result; not an essential element of a crime, and need not be proved 2) Other causes cooperated in producing the fatal
for purposes of conviction results, as long as the wound inflicted is dangerous,
to destroy or endanger life.
INTENT – is the purpose to use a particular means to effect such
3) The victim was suffering from internal malady
result *A- tuberculosis-B gave him fist blows. B is liable
*A-malady-B gave him fist blows-B is liable for his
acts accelerated the death of A
4) The offended party refused to submit to a surgical
Article 4. Criminal Liability. Criminal liability shall be incurred:
operation.
1) By any person committing a felony (delito) although the 5) The resulting injury was aggravated by infection.
wrongful act dome be different from which he intended
PROXIMATE CAUSE – cause, which in natural and continuous One unbroken chain of events
sequence, unbroken by any efficient intervening cause, produces the
injury and without which, the result would have not occurred. People v Mananquil
NATURAL – occurrence in the ordinary course of human life Valentina Mananquil
LOGICAL – rational connection between the act of the Elias Day - pneumonia
accused and the resulting injury or damage Gasoline to Elias – burns
Pneumonia was the complication of the burns sustained
The felony committed is NOT the proximate cause when: Liable
1. There is an active force that intervened between the felony Executive Clemency
committed and the resulting injury
2. The resulting injury is due to the intentional act of the Quinto v Andres
victim.
Edison Garcia – did not join his friends in fishing
Wilson Quinto – died after fishing – cause of death: drowning
The ff are not efficient intervening causes:
with traumatic head injuries
1) The weak or physical condition of the victim (e.g: heart
disease) Dante Andres & Randyver Pacheco
2) Nervousness or temperament of the victim Acquitted for lack of evidence
3) Causes which are inherent to the victim (e.g: not knowing
how to swim; tuba drinking) People v Quianzon
4) Neglect of the victim to refuse medical assistance or surgical Andres Aribuabo went to the kitchen to ask food from Juan
operation Quianzon
5) Erroneous or unskillful medical or surgical treatment Q got irritated – applied a firebrank on A’s neck – attacked
him also with a bamboo spit, causing A’ injury in the
When death is presumed to be the natural consequence of abdomen
physical injuries inflicted A died.
1) The victim was in normal health Q = wound inflicted was not fatal; A would have survived if
2) The death may be expected from the PI sustained he did not remove the drainage
3) The death ensued within a reasonable time. Murder to Homicide = A’s death would have still followed
even if he did not remove the drainage. The wound inflicted
A person is not criminally liable for all the consequences was the cause which determined A’s death, without being
which may immediately follow his felonious act, but only for able to counteract its effects.
such are proximate.
Urbano v IAC
A struck B and knocked him down. A horse jumped on A causing his Filomeno Urbano hacked Marcelo Javier on his right palm
death. and left leg
B is not responsible. The jumping of the horse is the active Settlement: PhP 700
force which produced such result. (People v Rockwell) Javier suffered from lockjaw convulsions due to a tetanus
toxins – died
A inflicted physical injuries on B. B immerses himself deliberately in a Testimonies: Javier immediately went back to work after he
contaminated cesspool. was properly healed; bare hands – exposed the wounds to
A is not liable; not proximate cause tetanus
Homicide to SPI, but Urbano’s liability was extinguished by
Is the accused responsible for the result, if there is a neglect of the the CA
wound or there is an improper treatment of the wound? Infection of the wound was an efficient intervening cause
The neglect of the wound or it unskillful and improper later or between the time Javier was wounded. Remote
treatment, which are of themselves consequences of the cause. Tetanus was the proximate cause.
criminal act, and which might naturally follow in any case,
must in law be deemed to have been among those PP v Marco
consequences which were in the contemplation of the guilty Constancio Sabalbero was approached by Simeon Marco –
party. Unskillful and improper treatment may be an active hunting knife – Constancio ran – he met Rafael Marco –
force, but it is not a distinct act or fact absolutely foreign from round cane
the criminal act Vicente Sabalbero came. He ran with his sons.
Bienvenido was stabbed by Rafael – ran again but was
Is the accused criminally liable for the consequences which originate tripped by vines and fell – Dulcisimo Beltran stabbed him,
through the fault or carelessness of the injured person? followed by Simeon
Yes. All persons who are responsible for an act constituting Rafael = Murder to SPI. His acts were not connected with D
a crime are also liable for all the consequences arising and S. the death of B was not the direct, natural and logical
therefrom and inherent therein, other than those due to consequence of the wound inflicted by Rafael. There was an
incidents entirely foreign to the act executed, or which active intervening cause.
originate through the fault of carelessness of the injured
person. Valenzuela v PP
Aristotle Valenzuela and Jovy Calderon – Super Sale Club
People v Iligan SG Lorenzo Lago
Fernando Iligan hacked Esmeraldo Quiňones, who was later Consummated Theft
hit by a truck
Iligan = liable
Murder to Homicide IMPOSSIBLE CRIMES –
The intentional felony was the hacking of the head Requisites:
Hacking – not the direct cause, but it was the proximate 1) The act performed would be an offense against persons
cause of Esmeraldo’s death or property
2)Act was done with an evil intent consideration the degree of malice and the injury caused by the
3)Its accomplishment is inherently impossible, or that the offense.
means employed is either inadequate or ineffectual
4) Act perform should not constitute a violation against RPC Art. 6 – Consummated, frustrated and attempted felonies.
Examples: Consummated felonies, as well as those which are frustrated and
1) When one tries to kill another by putting in his soup a attempted, are punishable.
substance which he believes to be arsenic when in fact
is a common salt A felony is consummated when all the elements necessary
2) When on tries to murder a corpse for its execution and accomplishment are present; and it is frustrated
when the offender performs all the acts of execution which would
A, who wanted to kill B, looked for him. When A saw B, he found out produce the felony as a consequence, but which, nevertheless, do not
that B was already dead. A still stabbed B to satisfy his grudge. produce it by reasons of causes independent of the will of the
o A did not commit an impossible crime, for A knew that B was perpetrator.
already dead when he stabbed his lifeless body.
There is an attempt when the offender commences the
A, with intent to gain, took a watch from B’s pocket. When A had the commission of a felony directly by overt acts, and does not perform
watch in his possession, he found out that it was the watch which he all the act of execution which should produce the felony by reason of
lost a week before. some cause or accident other than his own spontaneous desistance.
o It is an impossible crime. The act performed could have been
theft, but there is a legal impossibility of accomplishing it Development of a Crime
because in theft, the personal property taken must belong to 1) Internal Acts – mere ideas in the mind of a person; not
another. punishable
2) External Acts –
A wants to poison B. A uses a small quantity of arsenic and mixes it a. Preparatory Acts
with B’s food. B is not killed. Buying of poison
o It is an impossible crime, for the means employed were Carrying of inflammable materials
insufficient and inadequate to kill a person b. Acts of Execution – attempted, frustrated or
o If in case the means employed was sufficient, the crime consummated
committed was attempted murder.
ELEMENTS OF ATTEMPTED FELONY
A put sugar on B’s soup, thinking it was arsenic. 1) The offender commences the commission of a felony by
o It is an impossible crime. The means employed was directly overt acts
ineffectual. 2) He does not perform all the acts of execution which should
produce the penalty
A fired his trigger to B. No bullets were fired. Empty. 3) The offender’s act is not stopped by his own spontaneous
o IC; ineffectual means desistance
4) The non-performance of all acts of execution was due to the
In an impossible crime, the act performed should not cause or accident other than his own spontaneous
constitute another violation of another provision of this Code. desistance
ART. 5 – Duty of the court in connection with acts which should A fired his pistol at B, but it jammed.
be repressed but which are not covered by the law, and in cases o A is liable for an attemted felony. Accident
of excessive penalties. Whenever a court has knowledge of any act
which it may deem proper to repress, and which is not punishable by If the actor does not perform all the acts of execution by
law, it shall render the proper decision and shall report to the Chief reason of his own spontaneous desistance, there is no
Executive, through the Department of Justice, the reasons which attempted felony. The law does not punish them.
induce the court to believe that said act should be made the subject The desistance should be made before all the acts of
of penal legislation. execution are performed.
In the same way, the court shall submit to the Chief A, with intent to kill, fired his pistol at B, but did not hit him. B cried. A
Executive, through the Department of Justice, such statement as may desisted.
be deemed proper, without suspending the execution of the sentence, o A is not liable for attempted homicide, but for grave threats.
when a strict enforcement of the provisions of this Code would result A should not be exempted for the crime he committed before
in the imposition of a clearly excessive penalty, taking into his desistance.
People v Campuhan
ELEMENTS OF FRUSTRATED FELONY Ma. Corazon Pamintuan (mother)
1) The offender performs all the acts of execution Crysthel (4 years old)
2) All the acts performed would have produced the felony as a Primo Campuhan – knelt before Crysthel
consequence Attempted Rape
3) But, the felony is not produced No proof; no erection yet
4) By reason of causes independent of the will of the
perpetrator People v Lamahang
Police (Jose Tumambing) – on patrol
A, with intent to kill, fires his gun at B. The wound inflicted on B was Aurelio Lamahang
a) not mortal – Attempted; b) mortal – Frustrated
Store of cheap goods @ Fuentes St., Iloilo – iron bar
Attempted Robbery to Trespass to Dwelling
FRUSTRATED ATTEMPTED
His evident intention was only to enter the premises. His final
o Offender has o Offender commences
objective, once he succeeded in entering was know known
performed all the acts the commission of a
of execution felony directly by overt
People v Salvilla
acts, and does not
Bienvenido Salvilla with companions – robbery @ New
perform all the acts of
Iloiolo Lumber Yard
execution
o Offender has reached o Subjective phase Rodita Habelbero – hold up
the objective phase Severino Choco – owner
o There is no o There is intervention Daughters: Mary and Mimi
intervention of a and the offender does Took cash and other valuables – hostage
foreign or extraneous not arrive at the point OIC Mayor – negotiated
cause or agency of performing all the Mary’s leg was amputated
between the beginning acts which should Consummated Robbery
of the consummation produce the crime Not necessary that the robber was able to get hold of the
of the crime, and the properties
moment all acts have
been performed Leonidas v People
Crisaldo Alberto (victim)
CONSUMMATED FELONY Leonidas Epifanio (accused)
- All the elements for the respective crime committed shall be Allan Perez (witness)
present Walking – narrow pathway – bladed weapon
Stabbing at the back
HOW TO DETERMINE WHETHER A CRIME IS A, F or C Attempted Murder
1) Nature of a Crime Leonidas never passed the subjective phase. Stopped short
2) Elements by his voluntary desistance
3) Manner of committing the crime
o Consummated Crime People v Sy Pio
o Crimes consummated by mere attempt or Sy Pio – gun – store @ Misericordia, Sta. Cruz, Manila
proposal or by an overt act Pistol – 1st shot: Jose Sy
o Felony by omission
Tan Siong Kiap – asked – was fired – ran
o Crimes requiring the intervention of 2 persons
Ong Pian – boss – different venue
to commit them are consummated by mere
agreement Kiap and Sy – P70 issue – gamblinhg
o Material crimes - 3 stages Frustrated Murder to Attempted Murder
Kiap had escaped
Drawing of a gun = no crime
Firing; jammed = attempted People v Ravelo
Mortal wound = frustrated Pedro Ravelo with companions
Killed = consummated Reynaldo Gaurano – kidnapped while walkibg along Tandag
bridge; was brought to Brgy. Avasian – Detained – kept and
US v Eduave locked at Pedro’s house for 10 hrs – assaulted and was burnt
Protacio Eduave Next day: Joey Lugatima – kidnapped – was brought to
companion’s house – tied with a nylon – told to be killed at
8 ½ inches; 2 inches deep
9am – escaped – police
Threw the body into the bushes
Murder (Gaurano)
Frustrated Murder.
Frustrated Murder to Slight Physical Injuries
Crime was not produced due to something beyond his
Verbal expression is not sufficient to show an actual design
control
of perpetrating a crime.
People v Orita
People v Kalalo
Cielito Orita
Land dispute between Isabel Holgado And Marcelo Kalalo
Cristina Abayan
Parcel of land @ Barrio Calumpang, San Luis, Batangas
Balisong – boarding house
Isabel and Arcadio – land plow – Marcelo knew
No penetration
Brothers: Felipe and Juan; BiL: Gregorio; Cousin: Alejandro
Frustrated Rape to Consummated Rape
Garcia; Mother: Fausta; Aunt: Alipia
Perfect penetration not required
Bolos – ordered – land plow – stop
Isabel with Maria Guiterrez and Hilarion Holgado arrived
Marcelino Panaligan and Arcadio = resume Agapito Listerio and his group, with lead pipes and bladed
Bolo fight weapon
Marcelo v Arcadio – 6 slashes Jeonito Araque and brother, Marlon – stabbed
Felipe, Juan and Gregorio v Marcelo – 14 slashes Frustrated Murder to Attempted Homicide
Marcelo fired shots at Hilarion – 4 times Marlon’s attacker thought he was dead
Arcadio and Marcelo’s death = Murder to Homicide
Hilarion = Discharge of Firearms to Attempted Homicide People v dela Cruz
Cecilia Caparos (neighbor)
US v Dominguez Rosemarie dela Cruz
Dominguez – salesman @ PHL Education Company Whiazel Soriano
Sale of books – P 7.50 – pocketed School
Frustrated Estafa Consummated Kidnapping with SIL to Attempted
No damage. Abuse of confidence Kidnapping with SIL
Commenced her criminal scheme by taking hold of
Pozar v CA Whiazel’s hand and by leading her out of the school’s
James Gregory Pozar – American – SPI premises
Probation – Danilo Ocampo
Documents – P 100 ART. 7 – When light felonies are punishable. Light felonies are
Corruption of public officials = NO punishable only when they have been consummated, with the
Lapsed of 6 months; no reason to conclude that the act of exception of those committed against persons or property.
advancing payment was needed to hasten his application
LIGHT FELONIES – mere infractions of law for the commission of
People v Hernandez which the penalty of arresto menor or a fine not exceeding 200 pesos,
Miguel Dayrit – roof – on fire – saw Hernandez holding a or both, is provided.
stick and was running away from the house - Slight PI
- Theft
Hernandez – culprit – stick with a rag soak with petroleum
- Alteration of boundary marks
Consummated Arson
- Malicious mischief
- Intriguing against honor
US v Valdez
Mrs. MD Lewin – phonecall from Mrs. Auckback
Art. 8 – Conspiracy and proposal to commit felony – Conspiracy
Smoke – lower portion of the house and proposal to commit felony are punishable only in the cases in
Paulino Banal – servant – found a burning jute sack and rag which the law specially provides a penalty therefore
soaked with kerosene which were placed between the
house’s post and partition of entresol A conspiracy exists when 2 or more persons come to an
That time, Severino Valdez was in the entresol agreement concerning the commission of a felony and decide to
Frustrated Arson commit it.
All acts; fire was extinguished on time
There is proposal when the person who has decided to commit a
Velasco v People felony proposes its execution to some other person or persons.
Frederick Maramba – cleaning his jeep
Rodolfo Velasco – fired 6 shots at Maramba not knowing he The RPC provided a penalty for mere conspiracy in the ff cases:
wears a vest - Conspiracy to commit treason
Attempted Murder - Conspiracy to commit coup d’ etat, rebellion or
Velasco failed to consummate the crime because of his poor insurrection
aim and swiftness of Maramba - Conspiracy to commit sedition
Baleros v People When the conspiracy relates to any of the crimes of treason,
Maria Loudes Albano (Malou) – UST rebellion and sedition, but any of them is actually committed,
Marvilou (maid) the conspiracy is not a separate offense; it is only a manner
Renato Baleros (Chito) – piece of cloth with dizzying effects of incurring criminal liability
Bed – pinned down – lying on top of Malou with carnal
knowledge RA 6425 punishes the mere conspiracy to sell, deliver and
Malou kicked Chito and squeeze his sex organ distribute prohibited drugs.
Attempted Rape to Light Coercion
Indications of Conspiracy
Chito was fully clothed and that there was no intention to
undress Malou. Unjust Vexation - When the defendants by their acts aimed at the same object,
one performing one part and the other performing another
People v Almazan act, so as to complete it with the view to the attainment of
the same object, and their acts, through apparently
Henry Almazan – 12 fighting cocks were stolen
independent, were in fact concerted and cooperative,
Searched – went to Vicente Madriaga’s house
indicating closeness of personal association, concerted
Used .38 caliber and fired at Angel Soliva – ran action and concurrence of sentiments, the courts will be
Almazan then shot Noli – died and Noel – was hit in the thigh justified that they were engaged in a conspiracy.
Noli = Murder - Conspiracy = there’s unity of purpose and unity in the
Noel = Frustrated Murder to Attempted Murder execution of the unlawful acts
Not fatal - Collective responsibility when all the accused acted in
concert, each doing his part to fulfill the common design to
People v Listerio kill their victim.
- The acts of the defendants show common design and unity Renato Datingginoo (witness)
of purpose. Arnold Mendoza, Arquillos Tabuso and others
- It is not necessary to prove a previous agreement to commit Renato “Dagul” Bugarin – sustained 2 gun shots in the lungs
a crime if there is a proof that the malefactors have acted in RTC: Murder with Conspiracy
concert and in pursuance of a common objectives SC: No conspiracy
Mendoza was the one who shot Bugarin. Tabuso was blind;
REQUISITES OF CONSPIRACY he cannot serve as a lookout
1) 2 or more persons come to an agreement
2) The agreement concerned the commission of a felony People v Manero
3) The execution of the felony be decided upon Manero Brothers (Norberto, Edilberto, Elpidio), companions
and Arsenio Villamor – conspired to kill communist
REQUISITES OF PROPOSAL symphatizers
1) A person has decided to commit a felony
Fr. Peter Geremias – original victim
2) He proposes its execution to some other person/s
Bantil/ Rufino Robles – Attempted Murder case involvement
– commotion between him and Manero brothers
There is no criminal proposal when:
Bantil escaped, and went to Fr. Peter Domingo-Gomez’
The person who proposes is not determined to commit the
house
felony
Fr. Tulio Favali arrived
- A desires that the present govt be overthrown, but
he’s afraid to do it himself, so he suggested it to Norberto fired at Favali’s head – jumped over 3x – kick 2x –
others shattered the priest’s head – brain scattered on the road –
flaunted Fr’s head to his comrades
There is no decided, concrete and formal proposal
- Above ex: mere suggestion only RTC: Murder with Conspiracy
It is not the execution of a felony that is proposed Severino Lines, Rudy Lines, Efren Plenago and Roger
Bendano appealed
People v Comadre SC: Affirmed
Robert Agbanlog with friends – drinking spree @ Jaime Alibis cannot prevail over positive identifications of the
Agbanlog’s house witnesses.
Robert noticed George, Antonio (both Comadre) and Danilo Not merely bystanders bc they have executed acts to ensure
Lozano – dropped a grenade on the roof of the terrace the commission of the crime
All were hospitalized (shrapnel injuries)
People v Pugay
Robert died
Benjamin Samson – mentally retarded
RTC: Complex Crime of Murder with Multiple Murder (with
conspiracy) Bayani Miranda – poured gasoline
SC: no conspiracy; RTC ruling affirmed only to Antonio Fernando Pugay – burn Samson
Mere presence of George and Danilo at the scene and their SC: no conspiracy
familial bonds was not enough to establish conspiracy, No evidence establishing that they concerted with the act
considering that they did not perform any act for the Individual acts
furtherance of the crime Pugay = Homicide thru Reckless Imprudence
They were just merely looking when Antonio threw the Samson = Homicide
grenade
Art. 9 – Grave Felonies, Less Grave Felonies and Light Felonies.
Kingstone Li v People Grave felonies are those to which the law attaches the capital
1) Prosecution punishment or penalties which in any of their periods are afflictive, in
Christopher Arugay – TV with GF and sister accordance with Art. 25 of this Code.
Peeked thru the window
Kingstone Li and Eddie Boy Sangalang were taking a bath Less grave felonies are those which the law punishes with
naked outside Arugay’s house penalties which in their maximum period are correctional, in
accordance with the above-mentioned article.
Shouting match – street brawl – Li hit Arugay on the head –
Li stabbed Arugay
Light felonies are those infractions of law for the commission
2) Defense
of which the penalty of arresto menor or a fine not exceeding 200
Li – TV – bottles
pesos, or both, is provided.
Shouting match – street brawl – fought with knives
Art. 10 – Offenses not subject to the provisions of this Code.
RTC: Homicide with Conspiracy Offenses which are or in the future may be punishable under special
SC: No conspiracy laws are not subject to the provisions of this Code. This Code shall be
Sangalang’s act of stabbing Arugay is a sponataneous supplementary to such laws, unless the latter should specially provide
reaction because he saw his friend being struck in the head the contrary.
Garcia v People Where the special law adopted penalties from RPC, the rules
CPL Francisco Rolleraie for graduating penalties by degrees or determining the
Fidelino, Wilfredo and Leopoldo (all Garcia) – ganged up proper period should be applied
Paulino Olgera Article 6 of RPC cannot be applied to offenses punished by
Stabbing – bolo – repeat special laws
RTC: Conspiracy Article 10 is not applicable to punish an accomplice under
SC: No conspiracy the special law
Failure to include in the information
Ladonga v People
People v Tabuso
SPS. Adronico and Evangeline Ladonga – regular peril to one’s life, limb or right is actual or
customers in the pawnshop of Alfredo Oculam – loan 3x imminent
3 post-dated checks as security to the loan actual physical force or use of weapon
Insufficiency of deposits and Account closed actual, sudden and unexpected attack
Adronico – signatory; issuer cannot consist in oral threats or a merely
Evangeline – was just present during the signing threatening stance
SPS – BP 22 insulting words, without physical assault, do
Is conspiracy applicable to SL = YES not constitute unlawful aggression
BP 22 – no prohibition against the applicability of RPC’s slapping
suppletory character mere belief on an impending attack is not UA
Evangeline – acquitted; no participation; no criminal design when the aggressor flees, UA ceases
FULFILLLMENT OF A DUTY
Shooting of an offender who refused to surrender
Doctrine of self-help
A doctor who amputated the leg of a patient to save him from
gangrene is not liable for the crime of mutilation
OBEDIENCE TO AN ORER
The subordinate is not liable for carrying out an illegal order
of his superior, if he is not aware of the illegality of the order
and he is not negligent