Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
DIGESTS
ATENEO CENTRAL BAR OPERATIONS 2002
OCTOBER 1999
PEOPLE V. NARIDO
October 1, 1999
Accused raped his 11-year-old daughter while they are gathering firewood. On another
occasion, his common law wife caught him lying on top of his daughter.
Issue:
W/N said crime is punishable by death? (special circumstance imposing death penalty
automatically - victim is under 18 years of age and offender is a parent.)
HELD: No.
Guilty only of simple statutory rape and not qualified rape for want of allegation of relationship.
Said special circumstances introduced by RA 7659 which sanction automatic imposition of
death penalty partake of the nature of qualifying circumstances since these circumstances
increase the penalty for rape by one degree. Nonetheless, to be properly appreciated as a
qualifying circumstance, it must be specifically pleaded in the information. Information in this
case reveals that although the complainant's minority was alleged, the fact of relationship, albeit
proven during the trial, was not so specified.
PEOPLE V. PADAMA
October 1, 1999
Victim Gatchalian was chased by the two accused, each armed with a knife, and stabbed
simultaneously several times. He eventually died of severe blood loss. Said killing arose from a
previous incident where victim confronted accused regarding their plan of stealing from the store
of the former.
Issue: W/N there was treachery? Yes.
W/N there was evident premeditation? No.
HELD:
The conclusion that the killing was attended with treachery or taking advantage of superior
strength, as the two accused each armed with bladed weapons and continuously attacking and
raining knife thrusts upon the unarmed and unsuspecting victim which caused his eventual
death is also not to be disturbed. The evidence shows that the two accused took turns in
stabbing the victim while the latter had already fallen down on the pavement.
Proof of the alleged resentment does not constitute conclusive proof of evident premeditation.
An expression of hatred does not necessarily imply a resolution to commit a crime; there must
be a demonstration of outward acts of a criminal intent that is notorious and manifest.
PEOPLE V. VILLABLANCA
October 1, 1999
Villablanca brothers barged in to the house of victim Pedro Natanio late in the night. Pedro and
his family were awakened by their chickens flying off the perch. Victim was made to kneel on the
floor and then stabbed him on the stomach with a samurai, while the other pointed a gun to his
face. Victim rolled to his side and was again stabbed thrice which led to his death
Issue: W/N there was treachery? Yes.
W/N there was abuse of superior strength? No.
W/N there was conspiracy? Yes.
HELD:
Pedro may have been warned of a possible danger to his person. However, what is decisive is
that the attack was executed in a manner making it impossible for Pedro to retaliate. When
Pedro was made to kneel on the floor, he was unarmed. There was no risk to the accused when
they commenced the stabbing. Pedro's helplessness was bolstered by the fact that he was
suffering from a congenital limpness, which allowed him to walk only short distances.
There is no evidence that accused took advantage of superior strength. In any event, even if it
was present it was absorbed in treachery. Both accused shall suffer the same fate, as there was
conspiracy between them. When the other pointed a gun to Pedro, he provided his brother with
moral assistance. This is enough to make him a co-conspirator. It is not necessary to show that
he actually he hit and killed Pedro to make him liable for his brother's acts.
PEOPLE V. VERGEL
October 4, 1999
Vergel and Duran, both drunk and armed with a gun and a fan knife, fetched and forcibly
brought victim on board a tricycle to an apartment. Vergel had carnal knowledge with said victim
after he poked the gun at her side and pulled her into a bedroom, while Duran stayed guard
near the door of the sala.
Issue: W/N there was rape?
HELD: Yes.
It is clear there was rape. The prosecution was able to prove that (1) the accused had carnal
knowledge of the complainant (2) because he intimidated her by pointing a gun at her. Failure to
shout or offer tenacious resistance did not make voluntary the complainant's submission to the
criminal acts of the accused. Such resistance is not an element of the felony. It is enough that
the malefactor intimidated the complainant into submission. Not every victim of rape can be
expected to act with reason or in conformity with the usual expectation of everyone.
PEOPLE V. YABUT
October 5, 1999
Spouses Yabut on several occasions received money from complainants promising them they
will be able to work in Japan. After several cancellation of their scheduled departure,
complainants discovered that said spouses were not licensed to engage in recruitment and
placement activities. Wife eluded arrest and remains at-large. Husband contends that he was
not engaged in recruitment for overseas employment and but only in processing visas. He was
acquitted of the crime of estafa.
Issue: W/N accused could be convicted of illegal recruitment in large scale despite his acquittal
of the crime of estafa?
HELD: Yes.
It is settled that a person who commits illegal recruitment may be charged and convicted
separately of illegal recruitment under the Labor Code and estafa Art. 315 of the RPC. The
former is mala prohibitum where the criminal intent of the accused is not necessary for
conviction, while estafa is mala in se where the criminal intent of the accused is crucial for
conviction.
PEOPLE V. CARATAY
October 5, 1999
Accused in several occasions had carnal knowledge with his common-law wife's 13 year-old
niece. In one occasion he drugged the lugaw of said victim.
Issue: Was there rape?
HELD: Yes.
We have ruled that if the ability to resist is taken away by administering a drug, even though the
woman may be conscious, sexual intercourse with her will be rape. Moral character is
immaterial in the prosecution and conviction of the accused in a rape case. We have ruled that
even prostitutes can be rape victims.
PEOPLE V. SUELTO
October 7, 1999
Appellant came home late, and his wife was angry with him because she believed that he came
from Sing-A-Long. Quarrel ensued resulting to death of the wife after being shot on the head.
Issue: W/N guilty of parricide?
HELD: Yes.
Appellant was the only person with his wife when she was shot in their room. Considering, that
his defense was built on the theory that the shooting was purportedly accidental, appellant has
the inescapable burden of proving the elements of the exempting circumstance of accident.
PEOPLE V. FLORO*
October 7, 1999
Witness and victim were walking along a trail on a cassava plantation owned by accused, who
suddenly appeared and shot the victim then striked the head several times with the gun.
Issue: W/N guilty of murder?
HELD: Yes.
The killing in this case is murder qualified by treachery. The evidence shows that accused
suddenly sprang from the cassava plants and shot the victim. The victim was unarmed and
unsuspecting of any impending peril to his life and limb at the time he was shot by accused. The
swift and unexpected attack by accused rendered the victim helpless.
The rule that treachery may be shown if the victim is attacked from behind does not mean it
cannot be appreciated if the attack is frontally launched. The suddenness of the shooting
without the slightest provocation from he victim who was unarmed and had no opportunity to
defend himself, ineluctably qualified the crime with treachery.
PEOPLE V. ORTIZ
October 7, 1999
Accused threw stones on the roof of the victim's house. After the victim hurled challenge for the
stone thrower to come out, the four accused suddenly emerged from the dark. Victim was held
by the arms and dragged towards the barangay hall. Accused fired their rifles on the ground to
dissuade witnesses from coming to his aid. Later, bursts of gunfire were heard coming from the
direction of the barangay hall. Lifeless body of the victim was later found near the barangay hall.
Issue: W/N guilty of murder? W/N there was conspiracy?
HELD: Yes.
The only clear circumstance that qualifies the killing to murder in this case is the abuse of
superior strength between the victim and his four aggressors, as well as the degree of force and
the weapons used by the latter.
Conspiracy among the four assailants was proven by proof beyond reasonable doubt. The
accused were together when two of them held the victim, while one was firing his rifle. All of
them dragged the latter towards the barangay hall. To establish conspiracy, it is not necessary
that there be proof of the previous agreement to commit the crime, it being enough that the
malefactors shall have acted in concert pursuant to the same objective. At the very instant the
plotters agree, expressly or impliedly, to commit the crime and decide to pursue it, each and
everyone of the conspirators is criminally liable for the crime committed by anyone of them.
PEOPLE V. APELADO
October 11, 1999
Victim Rodolfo de Jesus was overtaken by Jose Apelado and his group while walking in front of
a house. His line of way was cut. De Jesus asked him, "What is my fault to you?" He raised his
hands and prepared to fight. German hit his lower legs with a piece of wood. He fell down. The
three surrounded him. German pulled out a knife and stabbed him at his legs and then at his
throat. Apelado hacked him with a bolo using his left hand. De Jesus was hit twice - at the top of
his head and nape. Robert thrust an ice pick at his back and side below the armpit. They then
ran away and left him sprawled on the ground.
HELD:
To establish conspiracy, it is not essential that there be proof as to the previous agreement to
commit a crime. It is sufficient that the form and manner in which the attack was accomplished
clearly indicate unity of action and purpose. In this instance, the fact that the assailants followed,
overtook, surrounded and took turns in inflicting injuries to the victim show a common purpose.
Abuse of superior strength also attended the commission of the crime. This circumstance is
appreciated when the aggressors purposely use excessive force out of proportion to the means
of defense available to the person attacked. In the case at bar, the aggressors who were all
armed first hit the legs of their unarmed victim, which caused him to fall kneeling. This was
followed by a stab above the knee. Having deprived him of his means to stand or run, they took
turns in inflicting mortal wounds on him.
Neither treachery nor evident premeditation was present in the commission of the crime.
Treachery is absent as the accused-appellants were not entirely risk free during their attack. As
stated, the victim prepared to fight it out with the accused-appellants. Evident premeditation
cannot be considered for lack of evidence that accused-appellants preconceived the crime.
PEOPLE V. RENATO
October 11, 1999
Victim Ludovico Romano and his wife Melecia were selling tuba in a makeshift hut, several
meters away from the highway. Melecia sat on a bench, while Ludovico squatted on the ground,
waiting for customers to arrive. Suddenly, a shot was fired. Melecia hid herself in an irrigation
canal while Ludovico stood up and tried to find out where the shot came from. When another
shot was fired, Melecia shouted for Ludovico to duck. Ludovico then stood an arm's length away
from the highway. It was too late, Melecia saw accused-appellant Ruben Ronato shoot
Ludovico. Victim was rushed to the hospital and died two days later.
Issue: W/N there was treachery? Yes.
HELD:
The essence of treachery is the sudden and unexpected attack, without the slightest
provocation on the part of the person attacked. There is treachery when the attack on the victim
was made without giving the latter warning of any kind and thus rendering him unable to defend
himself from an assailant's unexpected attack. What is decisive is that the attack was executed
in such a manner as to make it impossible for the victim to retaliate. As testified to by Melecia,
the victim was "squatting on the ground" in their makeshift hut when the shooting started. The
victim stood up to find out what was happening. On the third time, accused-appellant shot him
point blank and in a helpless position.
PEOPLE V. LACHICA
October 12, 1999
Accused boarded the tricycle of Pascasio as his tricycle was running on the shoulder of the
road, he heard somebody inside the tricycle cry out 'aray' and felt warm blood spurt from inside
the sidecar of the tricycle landing at the back of his right palm. He then stopped the tricycle and
accused brought out victim Rodolfo Pamoleras, Jr. and started to stab him while others served
as lookout.
Issue: W/N there was conspiracy? Yes.
W/N there was treachery? Yes.
HELD:
Conspiracy - The act of Junuario dela Cruz of hiring a tricycle on the pretext of needing to throw
something; their strategic seating positions inside the tricycle, depriving the deceased an
opportunity to free himself; their respective acts of stabbing the deceased, and their washing the
blood off the tricycle all evinced a unity of action and common design to kill the victim. It is not
necessary that there be evidence of a previous plan or agreement to embark upon the assault.
It is sufficient that their actions indicate a common intent such that the act of one is the act of all.
Treachery - They appeared to be in a jubilant mood even as they were singing "Tayo na sa
Heaven". Evidently, from all appearances the deceased was lured into going with the assailants
who suddenly stabbed him inside the moving tricycle, giving the latter no opportunity to retaliate
or defend himself from the means or method consciously adopted by the felons in taking his life.
Qualifying circumstance of treachery suffices to qualify the offense to murder.
PEOPLE V. MANEGDEG
October 13, 1999
Accused was seen running through the rice fields towards the house of the victim. At about that
time, Federico, his wife Lorie and son Ronel, were inside their house listening to the radio.
Federico requested Ronel to switch to another radio station while he will go out to urinate and
proceeded to the door. As Federico held the doorframe with his hand, appellant stabbed him.
Prior said incident, accused was requesting Federico's consent to marry his daughter but to
which he replied that is more honorable for his daughter to marry son of accused.
Issue: W/N there was treachery?
HELD: Yes.
Circumstances surrounding the killing of the victim Federico Abian clearly indicate the presence
of alevosia or treachery, for accused-appellant attacked the victim while he was about to exit his
house to urinate, with no inkling whatsoever that he would be attacked. A sudden and
unexpected attack, without the slightest provocation on the person of the one attacked, is the
essence of treachery. Moreover, the trial court correctly considered the generic aggravating
circumstance of dwelling. Where the crime was committed in the place of abode of the victims,
the aggravating circumstance of dwelling shall be appreciated against the accused.
PEOPLE V. GAILO
October 13, 1999
Sotela and Maale went to the store to drink beer. Some minutes later, they were joined in their
drinking by Renato Gailo and his elder brother, Ronaldo Gailo, alias "Mukong". A minor
altercation ensued when Ronaldo boxed the victim, but the two were soon pacified and the
group resumed their drinking. Ronaldo then invited Sotela and the victim to his house, where
allegedly there was a birthday party.
On the way to the said party, Gailos assaulted the victim. Sotela witnessed Ronaldo stab the
victim on the face with a bolo, then Renato stabbed the victim on the back, and Rudy hit the
victim with a lead pipe on the neck. A minute later, three other accused arrived, and for five
minutes, helped stone the victim, hitting him on the head and body.
Issue: W/N guilty of murder? Yes.
W/N nighttime was aggravating? No.
HELD:
Said killing was qualified to murder by the use of superior strength, the accused having clearly
overpowered the victim in terms of number and weapons used.
There are two tests for nocturnity to be aggravating - the objective test, under which nocturnity
is aggravating because it facilitated the commission of the offense, and the subjective test,
under which nocturnity is aggravating because it was purposely sought by the offender in order
to facilitate the achievement of his objectives, prevent discovery or evade capture. In the instant
case, there is no evidence that nighttime was sought for any of these purposes, or that it aided
the accused in the consummation of the murder. Moreover, at the time of the killing, there was
sufficient illumination from the moon such that the two eyewitnesses were able to identify the six
accused.
PEOPLE V. PANIQUE*
October 13, 1999
Complainant, eldest child of the accused, was left to the care of latter when her mother went to
Hong Kong to work as a domestic helper. While complainant was asleep, accused laid himself
on top of her. When she awoke, she found accused fondling her breasts even as he inserted his
penis into her vagina. All she could do was cry, because she was afraid of her father whom she
knew was hooked on drugs.
Issue: W/N there was rape?
HELD: Yes.
In a rape committed by a father against his own daughter, the former's moral ascendancy and
influence over the latter substitutes for violence or intimidation.
The minority of the victim and her relationship to the offender constitute a special qualifying
circumstance, which should be alleged in the information and proved to warrant the imposition
of the death penalty. For this reason, said penalty should be reduced to reclusion perpetua.
PEOPLE V. LANGRES
October 13, 1999
Sindo bothers attended a dance which ended about midnight. They proceeded to the house of
their elder brother. They sat on a bench opposite said house while sharing light moments.
Restituto greeted PO3 Langres when he came, who instead gave a fist blow on the former
without provocation. Victim Teodorico intervened to ask what is his brother's fault. Accused drew
his gun and shot the victim at the forehead.
Issue: W/N there was self-defense?
HELD: No.
The unlawful aggression contemplated under the law must come from the victim himself. Mere
belief of an impending attack is not sufficient to constitute unlawful aggression. Neither is an
intimidating or threatening attitude. Even a mere push or shove not followed by other acts
placing in peril the life or personal safety of the accused is not unlawful aggression. It is
noteworthy that the Sindo brothers were unarmed. They were young men having a jovial,
innocuous conversation when appellant passed by. Without such imminent threat on his life, the
person invoking self-defense has nothing to repel.
PEOPLE V. CLEMENTE
October 13, 1999
Complainant was selling balut in front of Lanai beerhouse when she met accused. They had
sexual intercourse in friend's house.
Issue: W/N there was rape?
HELD: No.
In rape cases alleged to have been committed by force, it is imperative for the prosecution to
establish that the element of voluntariness on the part of the victim to be absolutely lacking.
Testimony inexorably shows that complainant obviously consented to the sexual act which was
done not only once but twice. No woman would meekly give in to a sexual intruder where her
life is not in serious jeopardy.
PEOPLE V. AGUNOS
October 13, 1999
Accused raped complainant while her husband was away serving as a poll watcher.
Issue: W/N there was rape?
HELD: Yes.
Force and violence in rape cases need not be overpowering or irresistible when applied. The
record shows that amidst complainant's pleas and struggles, accused pinned complainant's
hand behind her back, covered her mouth with his hand and pulled her underwear to her knee
before spreading hr legs apart with such force that her undergarments were ripped.
PEOPLE V. GABALLO
October 13, 1999
Two construction workers heard a girl scream for a distance, then saw her being hugged and
pulled by accused towards the ipil trees. When they reached the place, they saw the girl in
school uniform lying face down. They also saw the accused sitting down, who immediately ran
away. Unfortunatey, they were not able to apprehend the unidentified man.
Issue: W/N there was treachery?
HELD: YES.
The killing of children, who by reason of their tender years cannot be expected to put up a
defense, is considered attended with treachery even if the manner of attack is not precisely
shown.
PEOPLE V. COSTELO
October 13, 1999
Accused Conde grabbed victim Remy by the neck, then stabbed her at the mouth and at the
back. When Remy was able to escape from Conde, she ran towards Costelo, who pushed her
towards Conde, who again squeezed Remy's mouth and dragged her. Pablo, who suddenly
appeared, sat on her chest and stabbed her more than fifteen times. Costelo held Remy on the
shoulders in a stooping position while the latter was being stabbed by Pablo.
Issue: W/N there was treachery? Yes.
W/N there was conspiracy? Yes.
HELD:
That the locus criminis was a heavily populated area where others could thus intervene is not
significant at all. The essence of treachery is that the attack was deliberate and without warning.
The victim need not be actually hit by each of the conspirators for the act of one of them is
deemed the act of all. Their prior act of waiting for the victim outside her house affirms the
existence of conspiracy, for it speaks of a common design and purpose.
PEOPLE V. CELIS
October 20, 1999
Complainant Racquel arrived from Manila at Maguindanao and boarded the passenger jeep
driven by accused appellants Roque and Carlos. Upon reaching the terminal, Racquel
discovered that there was no more tricycle trip going to San Antonio. Accused invited Racquel to
sleep in their house, who agreed after the initial hesitation because she is not familiar with the
area. She was raped in several occasions, once in a makeshift hut and twice in a school
building.
Issue: W/N there was a rape?
HELD: Yes.
For rape to exist, it is not necessary that the force or intimidation employed be so great or of
such character as could not be resisted. It is only necessary that the force or intimidation be
sufficient to consummate the purpose which the appellant had in mind. Threatening the victim
with a knife, a deadly weapon, is sufficient to cow the victim. It constitutes an element of rape.
PEOPLE V. TABION
October 20, 1999
Accused in several occasions, raped his 16- year old daughter while his wife is away. She could
not resist the accused because she was afraid of him and of his threat to kill her and her family.
Issue: W/N there was rape?
HELD: Yes.
In the incestuous rape of a minor, proof of force and violence exerted by the aggressor is not
essential. The moral and physical ascendancy of the father over his daughter-victim is sufficient
to cow her into submission to his bestial desires.
PEOPLE V. MARAMARA
October 20, 1999
A quarrel transpired between the friend of the accused and the victim in a benefit dance.
Accused shot to death victim after a rumble occurred.
Issue: W/N accused is guilty of murder?
HELD: No. Guilty of Homicide only
The use of a firearm is not sufficient indication of treachery. In the absence of any convincing
proof that accused-appellant consciously and deliberately adopted the means by which he
committed the crime in order to ensure its execution, the Court must resolve doubt in favor of
the accused. Accused cannot be held liable only for death caused in a tumultuous affray
because he joined the fray purportedly to pacify the protagonist before shooting the victim.
PEOPLE V. LAZARO
October 26, 1999
The accused was found guilty of illegal possession of firearms and ammunition. In his appeal
the accused-appellant raises the sole assignment of error that the trial court erred in finding the
accused guilty beyond reasonable doubt of the crime of illegal possession of firearms and
ammunition qualified by homicide.
HELD:
In cases involving illegal possession of firearms under P.D. 1866, the prosecution has the
burden of proving the elements thereof, viz.: (a) the existence of the subject firearm; and (b) the
fact that the accused who owned or possessed it does not have the corresponding license or
permit to possess the same.
Republic Act No. 8294 has since amended P.D. No. 1866 by reducing the penalties for
simple and aggravated forms of illegal possession and considering the use of an unlicensed
firearm simply as an aggravating circumstance in murder or homicide. The law now provides:
Provided, however, That no other crime was committed by the person arrested. If
homicide or murder is committed with the use of unlicensed firearm, such use of an unlicensed
firearm shall be considered as an aggravating circumstance.
Thus in People v. Molina, it was held:"Fortunately for appellants, however, RA 8294
has now amended the said decree and considers the use of an unlicensed firearm simply as an
aggravating circumstance in murder or homicide, and not as separate offense.
HELD: NO.
It has been held that there is passion and obfuscation when the crime was committed due to an
uncontrollable burst of passion provoked by prior unjust or improper acts, or due to a legitimate
stimulus so powerful as to overcome reason. The obfuscation must originate from lawful
feelings. The turmoil and unreason which naturally result from a quarrel or fight should not be
confused with the sentiment or excitement in the mind of a person injured or offended to such a
degree as to deprive him of his sanity and self-control, because the cause of this condition of
mind must necessarily have preceded the commission of the offense.
NOVEMBER 1999
PEOPLE V. SUBA
November 29, 1999
The accused raped his niece twice. He was caught in the act by the victim's brother on the
second time and was reported to the police. Charged with rape, he denied the charge against
him. No sperm was found in the victim's vagina.
HELD:
Guilty. Trial courts assessment as to the credibility of witnesses is to be accorded great weight.
Both the victim and her brother positively identified the accused as the rapist.
The absence of spermatozoa in the vagina does not negate the commission of rape. There
may be a valid explanation for such absence, as when the sperm was washed away or the
accused failed to ejaculate.
PEOPLE V. PARAISO
November 29, 1999
Accused, with 1 John Doe, Forced their way into the house of the victim. The victim's 4 children
were herded into 1 room while the accused ransacked the house for cash and other valuables.
Before leaving, the accused stabbed the victim who died. He was charged of robbery with
homicide aggravated by dwelling, superior strength and disregard of sex. Accused raised the
defense of alibi.
HELD:
Guilty. The aggravating circumstance of dwelling is appreciated since robbery may be
committed without trespassing the sanctity of the home. He who goes to another's house to
hurt or do wrong is guiltier than he who offends elsewhere.
Superior strength is also present since there was a notorious inequality between the accused
who were both armed males and the unarmed female victim.
Disregard of sex is not an aggravating circumstance here since it only applies to crimes against
honor and persons.
PEOPLE V. OCUMEN
GR 120493-94 & 117692
Ocumen was accused of murder & frustrated murder. He was at a wedding party & argued with
2 guests. He pulled out a knife and chased the 2 but went amok and stabbed 2 other people
instead. One man died while his other victim, a 14-yr. old girl, lived.
HELD:
Guilty of homicide and frustrated homicide only. There was no treachery here. The fact that
both victims were unarmed does not amount to treachery. An altercation precedes both
incidents.
But, the aggravating circumstance of abuse of superior strength must be considered since his
2nd victim was an unarmed 14-yr. old, 4'11'' girl.
PEOPLE V. BARELLANO
November 29, 1999
The victim was drinking tuba with friends when the accused walked up to the victim from behind
and shot him in the head. The victim fell to the ground and was shot again in the head.
Charged with murder, the accused raised the defense of alibi.
HELD:
Guilty. The accused was positively identified by witnesses as the perpetrator of the crime.
Treachery was present since the victim was approached from behind, was unarmed and totally
defenseless.
DECEMBER 1999
PEOPLE V. PEREZ
December 2, 1999
Perez was a boarder who raped the 5-year-old niece of the boarding house's owner. It was
done in the bodega of the house. A medical exam showed no lacerations but showed a
reddening of the victim's labia majora, which corroborated the victim's testimony that she was
raped. Accused denied the whole thing citing inconsistencies in the victim's testimonies in court
and that the victim's mother put her child up to lying because of a grudge against the accused.
HELD:
Guilty. For rape to be consummated, full penetration is not necessary. Even the slightest
penetration of the lips of the sex organ constitutes carnal knowledge.
It is also unnatural for a parent to use her offspring as an engine of malice, especially if it will
subject a daughter to embarrassment and even stigma.
PEOPLE V. TUMARU
December 2, 1999
The accused shot and killed a municipal councilor and OIC in Kalinga Apayao. The prosecution
was based on 12-yr. old Miguel's testimony as he saw the crime occur. Found guilty of murder,
they appealed saying that the judge erred in not holding witness Miguel's testimony as biased
and imputing motive to the accused without any evidence.
HELD:
Proof of motive is not crucial where the identity of the accused has been amply established.
Witness Miguel's testimony was sufficient to convict the accused. The testimony of minors of
tender age will suffice to convict a person of a crime as long as it is credible. The fact that
Miguel eventually stayed with one of the victim's widows does not prove bias. It is but natural
for the bereaved family to be concerned about the safety of the lone witness. The concern for
the victim does not make him biased or unreliable.
PEOPLE V. DE LEON
December 3, 1999
Accused was charged with raping his 9-year-old daughter 17 times. He denied the charge and
his defense was that the charge was filed because his daughter was jealous of her father's
affection for another sibling. He was convicted for all 17 charges of rape.
HELD:
He was found guilty of only one count of rape. Each and every charge of rape is a separate and
distinct crime so that each of the 16 other rapes charged should be proven beyond reasonable
doubt. The victims testimony was overly generalized and lacked specific details on how each of
the alleged 16 rapes was committed. Her bare statement that she was raped so many times on
certain weeks is clearly inadequate and grossly insufficient to establish the guilt of accused-
appellant insofar as the other sixteen rapes charged are concerned.
PEOPLE V. LADRILLO
December 8, 1999
Facts:
The accused asked the 8-year-old victim to come to his house to pick lice from his head. But
then after, he stripped naked and stripped the victim of his clothes and raped her 4 times during
that one day. He raised the defenses of denial and alibi and questioned the sufficiency of the
information since it states that the crime was committed "on or about 1992".
HELD:
ACQUITTED of rape based on insufficiency of evidence and reasonable doubt. Denial and alibi
may be weak but courts should not at once look at them with disfavor. There are situations
where an accused may really have no other defenses but denial and alibi which, if established
to be the truth, may tilt the scales of justice in his favor, especially when the prosecution
evidence itself is weak. The crime was supposedly narrated by the victim 2 yrs. after. The crime
was alleged to have been perpetrated at the accused's residence when the accused was not
even living in Abanico at that time. The victim's narration of the incident was also not credible
PEOPLE V. SEVILLA
December 8, 1999
The accused raped his 14 yr. old daughter. He started making sexual advances when she was
6 and finally had sexual intercourse with her 8 yrs. later. Appellant questions the credibility of
the victim's testimony since it took 8 yrs. before she complained of his acts.
HELD:
Guilty. The fact that Myra did not complain to her mother or her aunts about the sexual abuses
committed by her father against her for eight long years, is of no moment. Myra, who was of a
very tender age when the horrible events in her life began to unfold, could have, in all
probability, been confused and bewildered by her experience that for more than half of her
young life, she was shocked into utter insensibility.
Furthermore, a rape victims testimony is entitled to greater weight when she accuses a
close relative of having raped her, as in the case of a daughter against her father.
applied by the courts regardless of any mitigating or aggravating circumstances that may have
attended the commission of the deed."
PEOPLE V. CABALIDA
December 15, 1999
Accused raped his then 15 yr. old grandniece at gunpoint and threatened her with death if she
told on him. The victim became pregnant and only then did she tell her mother about the crime.
HELD:
Acquitted for failure to prove beyond reasonable doubt. The victim supposedly told nobody of
the crime since she feared for her life. But accused had left for Manila already for several
months and the victim supposedly only told her mother when it was obvious she was pregnant.
Second, victim's motive for accusing appellant is only so that her stepfather will not be
suspected of being the father of the child. Finally. accused returned to Zamboanga City to clear
his name. This is a strong indication of innocence.
JANUARY 2000
PEOPLE V. LEON LUMILAN
January 25, 2000
Accused-appellants Leon Lumilan and Antonio Garcia were found by the RTC of Ilagan, Isabela
guilty beyond reasonable doubt of three (3) counts of murder, two (2) counts of frustrated
murder, and three (3) counts of attempted murder, under an Information charging them and
accused Fred Orbiso with the crime of Qualified Illegal Possession of Firearms Used in Murder,
in violation of Presidential Decree (P.D.) No. 1866.
Issue:
Whether or not appellants may be properly convicted of murder, frustrated murder and
attempted murder under an Information that charges them with qualified illegal possession of
firearms used in murder in violation of Section 1 of Presidential Decree (P.D.) No. 1866?
HELD:
At the time the trial court promulgated its judgment of conviction in September 1990, it had
already been six (6) months since We held in People v. Tac-an that the unlawful possession of
an unlicensed firearm or ammunition, whether or not homicide or murder resulted from its use,
on one hand, and murder or homicide, on the other, are offenses different and separate from
and independent of, each other. While the former is punished under a special law, the latter is
penalized under the Revised Penal Code. Consequently, the prosecution for one will not bar
prosecution for the other, and double jeopardy will not lie.
We observe that the Information charging appellants with Qualified Illegal Possession of
Firearms Used in Murder, violates Sec. 1 of P.D. No. 1866, as amended by R.A. No. 8294,
which obliterated the now obsolete concept of qualified illegal possession of firearms or illegal
possession of firearms in its aggravated form, i.e., where the penalty for illegal possession is
increased to reclusion perpetua or death by the attendance of homicide or murder. In fact,
qualified illegal possession of firearms, which used to be a distinct offense, no longer exists in
our statute books.
established by the prosecution, through the testimony of the victim's mother, Criselda Fuentes,
and further corroborated by Crisselle's Certificate of Live Birth.
FEBRUARY 2000
PEOPLE V. MAGDATO
February 7, 2000
Before us for automatic review of the Criminal Cases finding accused-appellant Pepito Alama
Magdato (hereafter PEPITO) guilty beyond reasonable doubt of six (6) counts of rape
committed on her 12-year old daughter Cherry Ann Magdato.
HELD:
We find to be correct the penalty of death imposed by the trial court for each of the six (6)
crimes of qualified rape. Such penalty is justified under Article 335 of the Revised Penal Code,
as amended by R.A. 7659. The informations for rape in these cases explicitly allege that
CHERRY ANN is the daughter of PEPITO and she was only twelve (12) years old when he
committed the rapes in question. Under Article 335 of the Revised Penal Code, as amended by
Section 11 of R.A. No. 7659, the death penalty shall be imposed if the crime of rape is
committed with, inter alia, the following attendant circumstances:
1. When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil
degree, or the common-law spouse of the parent of the victim.
With the passage of Republic Act No. 8294 on June 6, 1997, the use of an unlicensed firearm in
murder or homicide is now considered, not as a separate crime, but merely a special
aggravating circumstance. In the case at bar, appellant JULIAN CASTILLO y LUMAYRO was
charged with Murder and Illegal Possession of Firearms.
HELD:
P.D. 1866, was amended on June 6, 1997 by Republic Act 8294. Aside from lowering the
penalty for said crime, R.A. 8294 also provided that if homicide or murder is committed with the
use of an unlicensed firearm, such use shall be considered as a special aggravating
circumstance. This amendment has two (2) implications: first, the use of an unlicensed firearm
in the commission of homicide or murder shall not be treated as a separate offense, but merely
as a special aggravating circumstance; second, as only a single crime (homicide or murder with
the aggravating circumstance of illegal possession of firearm) is committed under the law, only
one penalty shall be imposed on the accused.
Two (2) requisites are necessary to establish illegal possession of firearms: first, the existence
of the subject firearm, and second, the fact that the accused who owned or possessed the gun
did not have the corresponding license or permit to carry it outside his residence. The onus
probandi of establishing these elements as alleged in the Information lies with the prosecution.
MARCH 2000
PEOPLE V. MITRA
G.R. No. 130669. March 27, 2000.
Rape physical resistance
HELD:
It is well-settled that "physical resistance need not be established in rape when intimidation is
exercised upon the victim and the latter submits herself, against her will, to the rapists
advances because of fear for her life and personal safety." It is sufficient that the intimidation
produces fear in the mind of the victim that if she did not submit to the bestial demands of the
accused, something far worse would befall her at the time she was being molested. As
pronounced by the Court, "if resistance would nevertheless be futile because of intimidation,
then offering none at all does not mean consent to the assault so as to make the victims
submission to the sexual act voluntary."
PEOPLE V. CULA
G.R. No. 133146. March 28, 2000.
Rape physical resistance; burden of proving victims minority
The law does not impose upon a rape victim the burden of proving resistance. Physical
resistance need not be established in rape when intimidation is exercised upon the victim and
she submits herself against her will to the rapist's lust because of fear for life and personal
safety.
At all events, it is the burden of the prosecution to prove with certainty the fact that the victim
was below 18 when the rape was committed in order to justify the imposition of the death
penalty. The record of the case is bereft of any independent evidence, such as the victim's duly
certified Certificate of Live Birth, accurately showing private complainant's age.
PEOPLE V. CABINGAS
G.R. No. 79679. March 28, 2000.
Rape with a feeble-minded person
HELD:
Sexual intercourse with a feeble-minded woman is rape. The offense charged is within the
contemplation of paragraph 2 of Article 335 of the Revised Penal Code, like when the offender
had carnal knowledge of a woman deprived of reason.
PEOPLE V. AQUINO
G.R. No. 129288. March 30, 2000.
Robbery with homicide
Accused-appellants were charged and convicted of the complex crime of robbery with homicide.
They contend that they should have been convicted of homicide only.
HELD:
In robbery with homicide, the important consideration is that there be a nexus between the
robbery and the killing whether prior, subsequent to or committed at the same time.
PEOPLE V. CAMPUHAN
G.R. No. 129433. March 30, 2000.
Stages of rape
Where the accused failed to achieve an erection, had a limp or flaccid penis, or an oversized
penis which could not fit into the victim's vagina, the Court nonetheless held that rape was
consummated on the basis of the victim's testimony that the accused repeatedly tried, but in
vain, to insert his penis into her vagina and in all likelihood reached the labia of her pudendum
as the victim felt his organ on the lips of her vulva, or that the penis of the accused touched the
middle part of her vagina.
Thus, a grazing of the surface of the female organ or touching the mons pubis of the pudendum
is not sufficient to constitute consummated rape. Absent any showing of the slightest
penetration of the female organ, i.e., touching of either labia of the pudendum by the penis,
there can be no consummated rape; at most, it can only be attempted rape, if not acts of
lasciviousness.
construed as a manifestation of consent. Thirdly, the coitus was against her will and without her
consent.
Insofar as the evidentiary value of a medical examination is concerned, we have that a medical
examination is not indispensable to the prosecution of rape as long as the evidence on hand
convinces the court that a conviction for rape is proper.
APRIL 2000
PEOPLE VS. DELOS SANTOS
G.R. No. 121906. April 5, 2000.
Qualifying circumstance alleged in the information
Accused-appellant was sentenced to death after he was convicted of raping his stepdaughter.
He argues that the Information filed against him failed to state that he is the stepfather of the
victim, hence, his relationship with the victim may not be considered as a qualifying
circumstance to justify the imposition of the death penalty.
HELD:
The circumstances under the amendatory provisions of Section 11 of Republic Act 7659 the
attendance of any which mandates the single indivisible penalty of death, instead of the
standard penalty of reclusion perpetua to death prescribed in Article 335 of the Revised Penal
Code, are in the nature of qualifying circumstances." Qualifying circumstances must be properly
pleaded in the indictment.
PEOPLE V. BAGO
G.R. No. 122290(6 April 2000)
Appellant was accused and convicted of the crime of qualified theft through taking cold-rolled
steel from the company which he is employed as a leader in the cutting department.
HELD:
Clearly, when all the elements of theft were established, to wit: (1) there was a taking of
personal property; (2) the property belongs to another; (3) the taking was without the consent of
the owner; (4) the taking was done with intent to gain; and (5) the taking was accomplished
without violence or intimidation against the person or force upon things. When the theft is
committed with grave abuse of confidence, accused is guilty of qualified theft.
PEOPLE V. SUZA
G.R. No. 130611(6 April 2000)
Appellant was convicted of the crime of robbery with homicide, based on the testimony of a lone
eye-witness who saw how he and his co-accused killed the victim, and was sure that they took
the victims clothes, money and other wares, which she sold.
HELD:
a. On the crime of robbery with homicide.
It is well settled that in order to sustain a conviction for robbery with homicide, it is necessary
that the robbery itself be proven conclusively as any other essential element of a crime. In order
for the crime of robbery with homicide to exist, it is necessary that it be clearly established that a
robbery has actually taken place, and that, as a consequence or on the occasion of such
robbery, a homicide be committed. Where the evidence does not conclusively prove the robbery,
the killing of the victim would therefore, be classified either as a simple homicide or murder,
depending upon the absence or presence of any qualifying circumstance, and not the complex
offense of robbery with homicide.
b. On the aggravating circumstance of use of superior strength
There was a clear and notorious disparity of force between the victim and the aggressors as the
former was unarmed and alone. The felons took advantage of their collective strength to
overwhelm their comparatively defenseless victim. Thus, it was held that "an attack made by a
man with a deadly weapon upon an unarmed and defenseless woman constitutes the
circumstance of abuse of that superiority which his sex and the weapon used in the act afforded
him, and from which the woman was unable to defend herself.
PEOPLE V. RAMOS
G.R. No. 120280 (12 April 2000)
The appellant was convicted of raping his own 10-year old daughter and relies solely on the
defense of denial of the said accusation against him.
HELD:
A rape victim's testimony is entitled to greater weight when she accuses a close relative of
having raped her, as in the case of a daughter against her father. Earlier and long-standing
decisions of this Court have likewise held that when a woman testifies that she has been raped,
she says all that is needed to signify that the crime has been committed. This is true when made
against any man committing the crime; it is more so when the accusing words are said against a
close relative.
PEOPLE V. FRANCISCO*
G.R. 121682(12 April 2000)
Appellant was convicted of the crime of murder qualified by the aggravating circumstance of
treachery and pleads the justifying circumstance of defense of relative.
HELD:
a. on the claim of defense of relative
As correctly pointed out by the trial court, anyone who admits the killing of a person but invokes
the defense of relative to justify the same has the burden of proving these elements by clear
and convincing evidence. The accused must rely on the strength of his own evidence and not
on the weakness of that of the prosecution, for even if the prosecution evidence is weak it
cannot be disbelieved if the accused has admitted the killing.
b. on the essence of treachery
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 especially to ensure
its execution without risk to himself arising from the defense which the offended party might
make.
PEOPLE V. BALLENAS
G.R. No. 124299(12 April 2000)
The appellants abducted a 19-year old girl from her dwelling, raped her several times, and
stabbed her to death 13 times.
HELD:
a. On the aggravating circumstances of nighttime and cruelty
For the court to consider nighttime as an aggravating circumstance, it must have been
deliberately taken by the perpetrator to augment the wrong they committed, not being necessary
for its completion. It has been held that when the scene of the crime was sufficiently illuminated
by a lamp, nocturnity cannot be appreciated.
The aggravating circumstance of cruelty is present when "the wrong done in the commission of
the crime is deliberately augmented by causing other wrong not necessary for its commission".
There is cruelty when the culprit enjoys and delights in making his victim suffer slowly and
gradually, causing him unnecessary physical pain in the consummation of the criminal act.
b. Whether the accused indeed committed forcible abduction with rape
The accused committed the crime of forcible abduction with rape punished under Article 335 of
the Revised Penal Code in relation to Article 342 and 48 of the same Code. The two elements of
forcible abduction are (1) the taking of a woman against her will and (2) with lewd designs. The
crime of forcible abduction with rape is a complex crime that occurs when there is carnal
knowledge with the abducted woman under the following circumstances: (1) by using force or
intimidation; (2) when the woman is deprived of reason or otherwise unconscious; and (3) when
the woman is under twelve years of age or is demented
PEOPLE V. BAER
G.R. No. 130333(April 12, 2000)
The appellant is the step grandfather of the victim who at her tender age was repeatedly raped
by the appellant. The appellant argued that the victim did not resist his alleged sexual assault,
since she did not even scream. As to the amount of force required to constitute rape
HELD:
In rape cases, the force applied need not be irresistible. It merely has to be enough to
successfully carry out the assailants carnal desire. In the present case, appellant did apply
sufficient force and intimidation to consummate his lustful desire.
PEOPLE V. REYES
G.R. No. 133647(April 12, 2000)
The appellants assail the ruling of the court finding that conspiracy attended their attack to the
victim. Whether direct evidence is necessary to prove conspiracy.
HELD:
Direct proof of previous agreement to commit a crime is not necessary. It may be deduced from
the mode and manner in which the offense was perpetrated, or inferred from the acts of the
accused which point to a joint purpose and design, concerted action, and community of interest.
The actuations of the appellants clearly established a conspiracy. One started the attack with an
utterance coupled with the actual stabbing of victim. Finally, the rest of the assailants'
companions ganged up on the helpless victim by successively stabbing and hitting him. All
these acts sufficiently prove that they conspired to kill victim.
PEOPLE V. FRAGA*
G.R. No. 134130-33(April 12, 2000)
The appellant had an altercation before they embarked to go out to sea, after they came back
the accused with his CAFGU firearm went to the house of the victim and shot him to death. The
appellant raises the defense of self-defense. Whether or not the appellant is entitled to the
justifying circumstance of self-defense.
HELD:
The invocation of self-defense is an admission of the killing and of its authorship. By this
admission, the burden of proof shifts to the accused who must now establish with clear and
convincing evidence all the elements of this justifying circum, stance, to wit: (a) unlawful
aggression on the part of the victim; (b) reasonable necessity of the means employed to prevent
or repel it; and, (c) lack of sufficient provocation on the part of the person resorting to self-
defense. In proving these elements, the accused must rely on the strength of his own evidence.
He can no longer assail the weakness of the evidence against him simply because it cannot be
disbelieve after his open admission of responsibility for the killing. Indeed, a plea of self-defense
cannot be justifiably appreciated where it is not only uncorroborated by independent and
competent evidence, but also extremely doubtful by itself. It is an oft- repeated rule that the
nature and number of wounds inflicted by the accused are constantly and unremittingly
considered as important indicia which disprove a plea for self-defense because they
demonstrate a determined effort to kill the victim and not just defend oneself.
PEOPLE V. GUIWAN
G.R. No. 117324(April 27, 2000)
The victim was the biological daughter of the appellant who was raped several times by the
latter and was only able to disclose such bestial acts after two years.
HELD:
Two important doctrines on rape
The moral influence of a father over his daughter suffices to establish rape.
At any rate, although a woman may be viewed by the public as unchaste or impure she can
still be raped, as she is still free to refuse a man's lustful advances. The victim's character in
rape is immaterial.
PEOPLE V. LEGASPI
G.R. No. 117802(April 27 2000)
What is required to establish the defense of alibi?
Alibi is one of the weakest defenses an accused can invoke, and the courts have always looked
upon it with caution, if not suspicion, not only because it is inherently unreliable but likewise
because it is rather easy to fabricate. To prosper, alibi must strictly meet the requirements of
time and place. Thus, we have consistently ruled that it does not suffice to prove that the
accused was somewhere else at the time of the commission of the crime. Similarly,
jurisprudence dictates that the element of physical impossibility be clearly shown; The accused
must clearly establish that he was so far away that it was not possible for him to have been
physically present at the locus criminis or its immediate vicinity at the time of the commission of
the crime.
What constitutes robbery with homicide?
In this specie of offense, the phrase "by reason" covers homicide committed before or after the
taking of personal property of another, as long as the motive of the offender (in killing a person
before the robbery) is to deprive the victim of his personal property which is sought to be
accomplished by eliminating an obstacle or opposition, or to do away with a witness or to
defend the possession of stolen property.
What is the proof necessary to establish conspiracy?
Similar to the physical act constituting the crime itself, the elements of conspiracy must be
proven beyond reasonable doubt. For this purpose overt acts of the accused may consist of
active participation in the actual commission of the crime itself, or it may consist of moral
assistance to his co-conspirators by being present at the time of the commission of the crime, or
by exerting moral ascendancy over the other co-conspirators by moving them to execute or
implement the conspiracy.
PEOPLE V. ACURAM
G.R. No. 117954(April 27, 2000)
The appellant shot the victim who later died. After charges were filed and his commanding
officer was told of the incident, he was ordered not to leave camp, where he surrendered.
HELD:
Whether the accused is entitled to the mitigating circumstance of voluntary surrender
The essence of voluntary surrender is spontaneity and the intent of the accused to give himself
up and submit himself unconditionally to the authorities either because he acknowledges his
guilt or he wishes to save them the trouble and expense necessarily incurred in his search and
capture. In this case, it was appellant's commanding officer who surrendered him to the custody
of the court. Being restrained by one's superiors to stay within the camp without submitting to
the investigating authorities concerned, is not tantamount to voluntary surrender as
contemplated by law.
PEOPLE V. VILLA
G.R. No. 129899(April 27, 2000)
The appellant fired his rifle at the victim causing the latters death. After such incident the
appellant surrendered to his commanding officer and pleaded guilty before the court but claimed
the defense of temporary insanity. Whether the appellant is entitled to the defense of insanity
HELD:
No. The fact that immediately after the incident (accused) thought of surrendering to the law-
enforcement authorities is incontestable proof that he knew that what he had done was wrong
and that he was going to be punished for it." Similarly, a feeling of remorse is inconsistent with
insanity, as it is a clear indication that he was conscious of his acts, he acknowledged his guilt
and was sorry for them.
PEOPLE V. BAUTISTA
G.R. No. 131840(April 27, 2000)
The appellants were convicted for conspiring to murder the victim. One of the co-conspirators
surrendered voluntarily. Whether the liability of each co-conspirator should be always equal.
HELD:
No. Since the existence of a conspiracy does not prevent the appreciation of a mitigating
circumstance exclusively in favor of the co-conspirator to whom such circumstance may relate,
to him alone.
What constitutes civil liability arising from a crime?
The civil liability of accused-appellants for indemnity for death and actual and moral damages,
however, is solidary and not joint as ruled by the trial court. Moral Damages. Under Art. 2206 of
the Civil Code, the spouse, legitimate and illegitimate descendants and ascendants of the
deceased are entitled to moral damages "for mental anguish by reason of the death of the
deceased." The victims widow testified that she suffered pain from the death of her husband.
Thus, in accordance with recent decisions of this Court, accused-appellants should be awarded
the additional amount of P50,000.00 as moral damages. Exemplary Damages. Under Art. 2230
of the Civil Code, "exemplary damages as a part of the civil liability may be imposed when the
crime was committed with one or more aggravating circumstances."
PEOPLE V. SULTAN
G.R. No. 132470(April 27, 2000)
The victim was abducted by the appellant, who brought her to his house. When they arrived at
the appellants house the victim was divested of her jewelry and other valuables, after which she
was raped several times. The appellant was convicted of the special complex crime of robbery
with homicide. Whether multiple rape can be considered as an aggravating circumstance.
HELD:
No. In several cases the Court realized that there was no law providing for the additional rape/s
or homicide/s for that matter to be considered as aggravating circumstance. It further observed
that the enumeration of aggravating circumstances under Art. 14 of the Revised Penal Code is
exclusive, unlike in Art. 13 of the same Code which enumerates the mitigating circumstances
where analogous circumstances may be considered, hence, the remedy lies with the legislature.
Consequently, unless and until a law is passed providing that the additional rape/s or homicide/s
may be considered aggravating, the Court must construe the penal law in favor of the offender
as no person may be brought within its terms if he is not clearly made so by the statute. Under
this view, the additional rape committed by accused-appellant is not considered an aggravating
circumstance. Applying Art. 63, par. (2), of the Revised Penal Code which provides that "(i)n all
cases in which the law prescribes a penalty composed of two indivisible penalties, the following
rules shall be observed in the application thereof x x x x 2. (w)hen there are neither mitigating
nor aggravating circumstances in the commission of the deed, the lesser penalty shall be
applied," the lower penalty of reclusion perpetua should be imposed on accused-appellant. Spp
MAY 2000
PEOPLE V TANOY
GRNo 115692 May 12,2000
After a prior incident, the victim went to the police station. The victim therein found the appellant
who is a policeman. After, a few exchanges appellant shot the victim with an armalite hitting him
in the chest. He alleges that they were grappling for the gun before the "accident" occurred thus
he is entitled to an exempting circumstance under par 4 Art 12.
HELD:
The shooting was intentional as shown by the location and nature of the wounds. Also a brown
envelope remained tucked under his arm and was bloodied after he was shot. If they were
grappling for possession of the gun then the envelope containing his complaint should have
fallen. It would be highly inconceivable for a retired PC colonel to hold the barrel of the gun
pointing towards him while grappling for its possession.
It is settled jurisprudence that the assessment of the credibility of the witnesses lies within the
province and expertise of the trial courts. Absent any showing of abuse of discretion or that trial
courts overlooked material and relevant facts which could affect the outcome of the case, their
findings are accorded great weight and respect.
There is also treachery in the commission of the crime. The deceased did not expect any attack
coming from the accused when he went to the police station. Treachery may still be appreciated
even when the victim was forewarned of the danger to his person. What is decisive is that the
execution of the attack made it impossible for the victim to defend himself or retaliate. The victim
was totally defenseless when he went out of his hiding place (went behind a cemented wall
when the accused pointed the gun). He was 71 years old and his left hand was extended as if in
supplication and surrender but the accused shot him nonetheless.
PEOPLE V MADARANG
Gr. No. 132319 May 12,2000
Appellant was convicted of parricide for stabbing his wife, causing her death. Appellant alleges
he was in a state of insanity and claims he had no recollection of the stabbing incident. He
insists that he was deprived of intelligence, making his act involuntary. His psychiatric evaluation
revealed he was suffering from schizophrenia but after two years in the National Center for
Mental Health his condition improved thus, he was released.
HELD:
In the Philippines, the courts have established a more stringent criterion for insanity to be
exempting as it is required that there must be a complete deprivation of intelligence in
committing the act,i.e., the accused is deprived of reason; he acted without the least
discernment because there is a complete absence of the power to discern, or that there is total
deprivation of the will. Mere abnormality of the mental faculties will not exclude imputability.The
issue of insanity is a question of fact. The state or condition of a man's mind can only be
measured and judged by his behavior. Establishing one's insanity requires testimony of an
expert witness, such as a psychiatrist. The proof must relate to the time preceding or
coetaneous with the commission of the offense with which he is charged. None of the witnesses
declared that he exhibited any of the symptoms associated with schizophrenia immediately
before or simultaneous with the stabbing incident. Also schizophrenics have lucid intervals
during which they are capable of distinguishing right from wrong.
PEOPLE V DEQUITO
G.R. No.-132544 May 12,2000
A fifteen-year-old girl was raped by the common-law husband of her sister in the field.
HELD:
A torn underwear is not indispensable to prove the crime of rape. Rape can be committed
without damaging the apparel of the victim. The victim testified that appellant already started to
remove her clothes but she ran away. He caught up with her and forced himself on her. The
delay in reporting the incident cannot diminish her credibility. Our consistent doctrine is that
delay in reporting a rape, if sufficiently explained, does not affect the credibility of the witness. In
this case, she was dependent on him, her parents were absent. Appellant threatened that he
would leave the victim's sister if the victim reported the incident. Also the information is
sufficient alleging therein that rape was committed on or about the month of July 1996.Thus, the
prosecutor's error in stating that what was being tried was the last rape committed in July in his
offer of proof did not prejudice the rights of the appellant. Also, counsel for the defendant did not
object to the offer of victim's testimony. Sec 34-36 of Rule 132 governs.
PEOPLE V RIMORIN
GRNo-124309 May 16,2000
Two persons were kidnapped and brought to a forest area where they were killed. The bodies
were set afire while in a pit then buried in the same spot. A helper of the suspects and the
families of the victims were threatened with retaliation if they reported the incident. Ten years
later, the helper, after learning that one of the suspects have died, reported the incident and the
bodies were then exhumed. Appellants were convicted of kidnapping with murder.
Issue:W/N guilt was established beyond reasonable doubt.
HELD:
The trial courts are in the best position to view the witness' demeanor and deportment during
the trial. Since the offense were committed prior to RA7659 on December 31, 1993 thus said
law amending Art267 of the RPC providing: "when the victim is killed or dies as a consequence
of the detention or is raped or is subjected to torture or dehumanizing acts, the maximum
penalty shall be imposed. Since in this instance the purpose of the appellant and his
companions when they kidnapped the victims was to kill them the two counts of complex crime
of kidnapping with murder is valid. However, as ruled in P v Ramos 297SCRA618, the rule now
is: where the person kidnapped is killed in the course of the detention, regardless of whether the
killing was purposely sought or was merely an afterthought, the kidnapping and murder or
homicide can no longer be complexed under the last paragraph of Art267as amended by
RA7659.
There was also treachery as the victims' hands were tied behind their backs when they were
killed. However, there is no evident premeditation. There was no showing by the prosecution of
the 1)time when the offender determined to commit the crime 2)act manifestly indicating that the
offender had clung to his determination3)sufficient lapse of time between the determination to
commit the crime and the execution thereof, to allow the offender to reflect on the consequence
of his act.
PEOPLE V TOLEDANO
G.R. No.-110220 May 18,2000
Bunao, while a member of Sangguniang Bayan, entered into a lease contract covering 2 public
market stalls. Two administrative cases were filed against against him violating RA3019 and
R6713 with the Ombudsman. However, said cases were dismissed. An information for violation
of Sec41(1) in relation to Sec221 of BP337 was filed against respondent before the RTC of Iba,
Zambales which prohibits gov't officials from engaging in any business transaction with the local
government unit. The RTC, upon motion of the accused, dismissed the criminal case on the
ground of the dismissal of the administrative cases.
HELD:
There is nothing in the law(Art 89RPC) which states that exoneration from an administrative
charge extinguishes criminal liability. It is a fundamental principle of administrative law that
administrative law that administrative cases an independent from criminal actions for the same
act or omission. RA 7160,LGC of 1991, which replaced BP337 reenacted in its Sec89 the legal
provision of Sec 41 of BP337.Thus, the act committed before the reenactment continuous to be
a crime.
PEOPLE V SARAGINA
G.R. No.-128281 May 30,2000
Accused stabbed and killed a Vulpangco, who uttered malicious remarks and showed his
private part to the appellant's sister a week earlier. He admits the incident but claims it was self-
defense.
HELD:
Because of this claim, the burden of proof was shifted to the appellant to establish the elements
thereof a)unlawful aggression on the part of the victim;b)reasonable necessity of the means
employed to prevent or repel it; c)lack of sufficient provocation on the part of the person
defending himself. The first element is lacking. Evidence must positively show that there was a
previous unlawful and unprovoked attack on the person of the accused which placed him in
danger and justified him in inflicting harm upon his assailant through the employment of
reasonable means to repel the aggression. In this, case the appellant attacked the victim while
the latter was fanning charcoal.
The second element is also absent. The nature, location and number of the wounds belie
appellant's defense. Even considering he was able to wrest the knife away from Vulpanco and
stab him on the chest, he still ran after the victim and stabbed him again in the face. However,
there was no treachery because before he attacked, the appellant uttered "Ano pare,
umpisahan na natin?".Also, victim's niece shouted "Tiyong Takbo".The victim was able to run
away but the accused caught up with him. Treachery cannot be appreciated when the victim
was aware of the attack against him and was even able to flee even though briefly from his
attacker.
Also, there is o evident premeditation. The prosecution failed to adduce evidence showing when
and how the accused planned and prepared to kill Vulpangco.The mere fact that the accused
learned that Vulpangco was pestering his sister a week before the killing is insufficient to prove
evident premeditation beyond reasonable doubt.
PEOPLE V FRANCISCO
May 31, 2000
The appellant was convicted of frustrated murder. Together with two more persons, he
assaulted and stabbed Ariel while seated in the driver's seat of a jeepney.
HELD:
The mere fact that the principal witness was the victim of the crime does not make him a biased
witness and does not make his testimony incredible. It would be unnatural and illogical for him
to impute the crime to an innocent person and let the culprit escape prosecution.
A conspiracy exists when two or more persons come to an agreement concerning the
commission of a crime and decide to do it. Proof of the agreement need not rest on direct
evidence as the same may be inferred from the conduct of the parties indicating a common
understanding among them with respect to the commission of the offense. It is not necessary to
show that two or more persons met together and entered into an explicit agreement setting out
the details of an unlawful scheme or the details by which an illegal objective is to be carried out.
It may be deduced from the mode and manner in which the offense was perpetrated or inferred
from the acts of the accused evincing a joint or common purpose and design, concerted action
and community of interest. In this case, the two John Does pulled the victim out of the jeepney.
As the victim was getting down, he was stabbed by the appellant. As to Antonio his participation
was limited to shouting "heto na sila".In a case, we ruled that the phrase "andiyan na", which
has similar import with the phrase herein, does not have conclusive conspiratorial meaning for
the supposedly damning utterances are susceptible of varied interpretations. One's overt act, to
be shown in pursuance of the conspiracy, may consist of active participation in the actual
commission of the crime itself, or it may consist of moral assistance to his conspirators by being
present at the time of the commission of the crime, by exerting moral ascendancy over the other
co-conspirators by moving them to execute or implement the conspiracy.
As to Ricardo's physical disability, the limp suffered by him due to polio has not been shown to
restrict his means of action, defense or communication with his fellow beings as required by Art
13(8). The locations of the stab wounds (stomach) manifest his intention to kill thus
contradicting his claim of not intending to commit so grave a wrong.
The mitigating circumstance of sufficient provocation must immediately preceded the act and
that it was adequate to excite a person to commit a wrong, which must accordingly be
proportionate in gravity.
The lack of aversion in the information of "intent to kill" does not make it insufficient. An
information is sufficient if it states the designation of the offense by statute. The information
more than substantially satisfies the requirement of designating the offense of frustrated murder
considering that it contains the acts constituting the felony, the name of the crime by statue and
the stage (frustrated) of the commission of the crime by definition. Besides the absence of the
averment of intent to kill may be inferred from the allegation that the stab wound would have
caused the death of the victim.
PEOPLE V BALORA
G.R. No.-124976 May 31, 2000
The victim was raped inside the cubicle of the women's restroom of the cinema theater of
Manuela Complex. The appellant went over the divider and banged the head of the victim on
the wall. After the incident, he was captured by the guards and mobbed by the other watchers.
HELD:
Appellant avers that the victim could not be made to lie on the floor there being a toilet bowl in
the middle and the cubicle was too small. The evil in man has no conscience. The beast in him
bears no respect for time and place, driving him to commit rape anywhere--even in places
where people congregate. Rape does not necessarily have to be committed in an isolated place
and can in fact be committed in places which to many would appear to be unlikely and high-risk
venues for sexual advances.
Physical resistance need not be established in rape when intimidation is exercised upon the
victim and the latter submits herself, against her will, to the rapist's advances because of fear for
her life and personal safety. It is sufficient that the intimidation produces fear in the mind of the
victim that if she did not submit to the bestial demands of the accused, something far worse
would befall her at the time she was being molested. In P v Luzorate we held that intimidation
was addressed to the mind of the victim and therefore subjective, its presence could not be
tested by any hard-and-fast rule but must be viewed in light of the victim's perception and
judgment at the time of the crime. When a victim become paralyzed with fear, she cannot be
expected to think and act coherently, her failure to take advantage of the early opportunity to
escape does not automatically vitiate the credibility of her account. Complainant cannot be
faulted for not taking any action inasmuch as different people react differently to a given type of
situation, there being no standard form of human behavioral response when one is confronted
with a strange, startling or frightful experience.
Lack of lacerated wounds does not negate sexual intercourse. A freshly broken hymen is not an
essential element of rape.
PEOPLE V MAMAC
G.R. No.-130332 May 31,2000
Appellant woke up the victim by poking her with along stick while lying alongside her brother
and sister. When she opened the window, she saw appellant brandishing a bolo and ordered
her to go down. Appellant brought her to the bank of the river and raped her there while sticking
the bolo at her.
HELD:
We have long recognized that different people react differently to a given type of situation and
there is no standard behavioral response when one is confronted with a strange, startling or
frightful experience. Appellant cannot claim that the victim had no reason to be cowed outside
by his mere act of stabbing her with a stick or mere brandishing of the bolo. The information
does not charge appellant with qualified rape and he cannot be sentenced to death. Unlike a
generic aggravating circumstance which may be proved even if not alleged, a qualifying
aggravating cannot be proved unless alleged in the information. It must be alleged to properly
inform the accused of the nature and cause of accusation against him in order not to violate due
process.
The appellant is not a step-grandfather. he co-habited and lived with the material grandmother
of Bernadette without the benefit of marriage. The word "step", when used as a prefix in
conjunction with a degree of kinship, is repugnant to blood relationship and is indicative of
relationship by affinity. There is no relationship by affinity between Bernadette and appellant,
thus he cannot be considered as a step-grandfather. At most he is a common law husband of
Bernadette's grandmother thus not a parent, ascendant, stepparent, guardian, relative by
consanguinity or affinity within the 3rd civil degree or the common law spouse of the parent of
the victim. Thus only reclusion perpetua may be imposed. .
PEOPLE V OBOSA
G.R. No.-132069 May 31, 2000
The appellant, with two other persons, waylaid former Secretary of Local Government Jaime
Ferrer and his driver. The appellant's defense is that as a prison inmate who based on prison
records was inside the compound of the Nat'l Bilibid Prisons on the date and time of the
incident, he could not have participated in the ambush; and if indeed he was able to leave the
prison premises it is unbelievable that an escaped convict would return to prison.
HELD:
The cited circumstances do not present a physical impossibility for the appellant to have
participated in the commission of the crime. First, the logbook presented in court referred only to
the south gate. The Director of the Bureau of Prisons testified that Obosa was given preferential
treatment in prison and was allowed to park his vehicle inside the prison compound despite
prohibition.
Appellant's objection to the admissibility of the testimony of an inmate that the accused confided
his participation in the crime is without merit. A convicted felon is not disqualified by the Rules of
Evidence from testifying in Court. The judgment of conviction did not rest on the alleged
confession made by Obosa. Treachery is present for the car was shot at while it was slowing
down as it approached a corner ensuring the accomplishment of the attack and eliminating any
risk from possible defenses that the victim may put up.
JUNE 2000
PEOPLE V ROBLES
G.R. No.-101335 June 8,2000
Appellant was convicted of robbery with homicide. He was apprehended after admitting the
crime. He was with the other perpetrators in a taxi which was stopped in a routine inspection.
HELD:
The unexplained possession of stolen articles gives rise to a presumption of theft, unless it is
proved that the owner of the articles was deprived of possession by violence, intimidation, in
which case the presumption becomes one of robbery. In robbery with homicide cases, the
prosecution need only to prove these elements: 1)the taking of personal property is perpetrated
by means of violence or intimidation against a person; 2)property taken belongs to another;
3)the taking is characterized by intent to gain or animus lucrandi, and 4)on the occasion of the
robbery or by reason thereof the crime of homicide, here used in a generic sense is committed.
The homicide may precede the robbery or may occur after the robbery. What is essential is that
there is an intimate connection between robbery and the killing whether the latter be prior or
subsequent to the former or whether both crimes be committed at the same time. The rule is
that whenever homicide has been committed as a consequence of or on occasion of the
robbery, all those who took part as principals in the robbery will also be held guilty as principals
of the crime of robbery with homicide although they did not take part in the homicide, unless it
clearly appears they endeavored to prevent the homicide.
PEOPLE V ANTONIO
G.R. No.-122473 June 8,2000
This is a case of incestuous rape.
HELD:
Rape may be committed even when the rapist and the victim are not alone, or while the rapist's
spouse are asleep, or in a small room where other family members also slept. A daughter would
not accuse her own father of such unspeakable crime as incestuous rape had she really not
been aggrieved. It is highly improbable for a woman, especially one of tender age, to concoct a
brutal tale of ravishment, allow a gynecologic examination, and undergo the humiliation of a
public trial if she is not motivated solely by a desire to have the culprit apprehended and
punished.
PEOPLE V MUMAR
G.R. No.-123155 June 8,2000
The victim was shot while his back was turned towards his assailants.
HELD:
A direct proof to show that the accused had come to an agreement to commit a felony is not
necessary. It is sufficient that all the accused manifested by their acts a common intent to do
harm to the victim.
PEOPLE V MONIEVA
G.R. No.123912 June 8,2000
The victim was hacked with a bolo and was decapitated by the appellant.
HELD:
Inconsistencies and discrepancies in the testimony referring to minor details and not upon the
basic aspect of the crime do not impair the witness credibility. Even where a witness is found to
have deliberately falsified the truth in some particular, and it was not shown that there was such
intended prevarication, it is not required that the entire testimony be rejected, since such
portions thereof deemed worthy of belief may be credited.
Abuse of superior strength means to purposely use excessive force out of proportion to the
means available to the person attacked to defend himself. Before it may be appreciated, it must
be clearly shown that there was deliberate intent on the part of the malefacto to take advantage
thereof. The prosecution is of the opinion that since the appellant was armed with a bolo and
was chasing the unarmed victim who was trying to flee, this shows that the latter was powerless
to offer resistance thereby admitting his inferiority and superiority of the defendant. This is mere
conjecture, it was not all apparent that the appellant consciously adopted that particular means.
The mere fact that the victim was running away from the appellant who was wielding a bolo
shows that the victim was aware of the danger to himself, thus negating the suddenness of the
attack for which reason treachery cannot be appreciated.
PEOPLE V CAMBI
G.R. No.127131 June 8, 2000
The 15 yr old complainant was rape by the appellant.
HELD:
The absence of illumination in the place of the commission of the crime does not detract from
the positive identification by Margie of the appellant as her assailant. Although visibility is an
important factor in the identification of a criminal offender, its relative significance depends
largely on the attending circumstances and the discretion of the trial court. In the case at bar,
the assailant was well known to Margie as the former was her employer. Also, the voice of the
appellant was heard when he uttered threats against the complainant. It has been this Court's
observation that it is the most natural reaction for victims of criminal violence to strive to see the
looks and faces of their assailants and observe the manner in which he crime was committed.
Not every rape victim can be expected to act conformably to the usual expectations of
everyone. Some may shout, some may faint; and some may be shocked into insensibility, while
others may openly welcome the intrusion. The force or violence that is required in rape cases is
relative. When applied, it need not be overpowering or irresistible. It is enough that it has
enabled the offender to consummate his purpose to bring about the desired result. It is not even
necessary that the offender be armed with a weapon.
Homicide and not murder. Treachery was not proved beyond reasonable doubt. Qualifying and
aggravating circumstances before being taken into consideration for the purpose of increasing
the degree of the penalty to be imposed must be proved with equal certainty and clearness as
that which establishes the commission of the act charged as a criminal offense. Dwelling was
correctly considered aggravating. The word dwelling includes every dependency of the house
that forms part thereof.
HELD:
Delay or vacillation in criminal accusations does not necessarily impair the complainants
credibility if such delay is satisfactorily explained. It is not uncommon to conceal rape because
of rapists threats to life, fear of public humiliation and lack of courage. Silence is not an odd
behavior of a rape victim. The presumption is always in favor of potency. Impotency is
considered an abnormal condition and should not be presumed. The doctors testimony stated
that his sex organ was diseased but never was there even a hint that accused was impotent.
The trial court also observed that accused was still strong, agile and capable of committing the
sexual act and seriously doubts that he is 82 years old.
JULY 2000
PEOPLE V. AGAPITO LISTERIO
G.R. NO. 122099
The accused was convicted of murder and frustrated murder committed with conspiracy. He
assails the testimony of the witness as insufficient to convict him of her crime charged.
HELD:
It is well settled that witnesses are to be weighed, not numbered, such that the testimony of a
single, trustworthy and credible witness could be sufficient to convict an accused. The trial court
found the witness testimony as candid and straightforward. Court defer to the lower courts
findings consistent with the principle that the trial judge is the best and the most competent
person who can weigh and evaluate the testimony of witnesses.
Conspiracy was also proven. A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide to commit it. To establish the
existence of a conspiracy, direct proof is not essential since it may be shown by facts and
circumstances from which may be logically inferred the existence of a common design among
the accused to commit the offense charged, or it may be deduced from the mode and manner in
which the offense was perpetrated. If there is a chain of circumstances to that effect, conspiracy
can be established.
HELD:
Pursuant to Section 5, Rule 110 of the Rules on Criminal Procedure, the offended party can
initiate a prosecution for rape even if she is a minor, unless she is incompetent or incapable of
doing so upon grounds other than her minority. Although the victim in this case is no longer a
minor, it is undisputed that she is a mental retardate and suffering from physical deformity. No
woman would come out in the open, inform the authorities of the injustice done to her, unless
her purpose is to redress the wrong done against her honor. Once the violation of the law
becomes known through a direct original participation initiated by the victim, the requirement of
Art 344 of the RPC to the effect that the offense of rape shall not be prosecuted excerpt upon a
complaint filed by the offended party or her parents are satisfied. Said provision is not
determinative of the jurisdiction of courts over the private offenses because the same is
governed by the Judiciary law, not the RPC. The complaint required in Art 344 is but a condition
precedent to the exercise by the proper authorities of the power to prosecute the guilty parties.
The complaint simply starts the prosecutory proceeding but does not confer jurisdiction on the
court to try the case.
AUGUST 2000
PEOPLE V. FRANCISCO VILLANOS
G.R. NO. 126648
Accused was convicted of rape. The victim was raped when unconscious.
HELD:
In cases where the victim is raped in a state of unconsciousness, the fact of sexual assault and
the identity of the assailant can be established from the events preceding or following the
victims loss of consciousness. True, there was no test conducted to determine the presence of
any sedative or drug in the drinks given to the victims which caused them to lose momentarily
control of their faculties. But this is of little consequence as the same is not an indispensable
element in a prosecution for rape. Under the circumstances, it suffices that the victim was found
to have been unconscious at the time the offender had carnal knowledge of her.
necessary that the victim be placed in an enclosure. It is enough that the victim is restrained
from going home. The intention to deprive the childs parents of her custody is indicated by the
accuseds hesitation for 2 days to disclose the whereabouts of the child and more so by her
actual taking of the child. Accuseds motive at this point is not relevant. It is not an element of
the crime. The fact that she later on felt remorse and showed the childs parents where the
former was, cannot absolve her. At that point, the crime was consummated.
The testimony of the child is also credible. A witness young age will not deter him or her from
being a competent and credible witness. To be a competent child witness, the following must be
met: (a) capacity of observation; (b) capacity of recollection; (c) capacity of communication
SEPTEMBER 2000
PEOPLE V. FAUSTINO CAMPOS
G.R. NO. 133373-77
Accused, 72 years of age, was convicted of 5 counts of rape committed against 2 minors. He
insists in his appeal that he could not be convicted considering that the medical examination
showed that the complaining witnesses suffered no lacerations, abrasions or contusions.
HELD:
Medical examination is not indispensable in a prosecution for rape. In fact, there can be rape
even if the medical examination shows no vaginal laceration. Medical findings only serve to
corroborate the testimonies of the victims. The accused may be convicted on the basis of the
lone uncorroborated testimony of the rape victim provided that her testimony is clear, positive,
convincing and consistent with human nature and the normal course of this.
identification of the accused. For alibi to prosper it must be shown that it was physically
impossible to be at the scene of the crime at the time of its commission (place of alibi was only 5
minutes away).
Even if there are flaws in the testimony as to who stabbed the victim is immaterial because
conspiracy was proven. They masqueraded as passengers, positioned themselves strategically
inside the jeep, pulled out their knives simultaneously, concertedly inflicted stab wounds upon
learning that he was a policeman. It is no moment that an accused has not taken part in actual
commission of every act constituting the crime. The precise modality or extent of participation of
each individual conspirator becomes secondary since the act of one is the act of all.
As to the report of the gun, it is merely hearsay. The authors of the newspaper reports had no
personal knowledge of the identity of the perpetrators. Such was only obtained from the police
investigators handling the case. This fact is of no moment for a possession thereof could have
reached this person for a number of reasons.
PEOPLE V. GENOSA
GRNo.-135891 Sept. 29, 2000
Appellant was found guilty of parricide. She now requests an examination by psychologists to
determine her state of mind then under the ground of the "battered woman syndrome".
HELD:
There are four characteristics of the syndrome:1)woman believes that the violence was her
fault;2)she has an inability to place the responsibility for the violence elsewhere;3)she fears for
her life and/or the children's lives;4)she has an irrational belief that the abuser is omnipresent
and omniscient. Trapped in a cycle of violence and constant fear, it is not unlikely that she would
succumb to her helplessness and fail to perceive possible solutions to the problem than to injure
or kill her batterer. She is seized by fear of an existing or impending lethal aggression and thus
would have no opportunity beforehand to deliberate o her acts and to choose a less fatal means
of eliminating her sufferings.
Petition granted. In P v Pares, after a final conviction of appellant therein, the Court granted his
Urgent Omnibus Motion and allowed him to undergo mental and neuralgic other examinations to
determine that he was a deaf-mute. Based on that finding and that he was unaided in the trial,
he was granted a rearrangement and retrial. This action is justified on the rule that only upon
proof of guilt beyond reasonable doubt may an accused to consigned to a lethal injection
chamber. Also as Justice Pun said, man should be adjudged or held accountable for wrongful
acts so long as free will appears unimpaired.
OCTOBER 2000
PEOPLE V. SANTIAGO
GRNO.129371 OCT. 4, 2000
Appellant was convicted of murder for shooting the victim after a prior street altercation that
erupted when the parties' vehicles collided.
HELD:
Only Homicide. No treachery. Treachery must be proved by clear and convincing evidence, or
as conclusively as the killing itself. When the witnesses did not see how the attack was carried
out and cannot testify how it began, the trial court cannot presume from the circumstances of
the case that there was treachery. Treachery cannot be considered where the lone witness did
not see the commencement of the assault. Since the lone witness failed to witness the initial
attack inflicted upon the victim, treachery cannot be considered a qualifying circumstance.
All the elements of evident premeditation must also be proven. Premeditation to kill must be
plain notorious and sufficiently proven by the evidence of outward acts showing the intent to kill.
A 15-minute interval is not sufficient time for the accused to coolly reflect on their plan to kill the
victim. In one case, 30 minutes was held also insufficient time between determination to commit
and the execution is insufficient for full meditation on the consequences of the act.
Liability of one whose participation in crime was limited to driving for the killers is only that of an
accomplice. The lack of complete evidence of conspiracy, which creates the doubt whether he
has acted as principal or an accomplice, implies the court to resolve the question in favor of the
accused.
PEOPLE V. LOPEZ
GRNo.-132168 October 10, 2000
An old woman was hacked to death by appellant because of a land dispute.
HELD: There was treachery. Accused suddenly and unexpectedly grabbed the hair of the
deceased and simultaneously hacked her to death. The deceased had no inkling whatsoever of
the murderous intent of the accused. The essence of treachery is that the attack comes without
warning and in a swift, deliberate and unexpected manner, affording the unarmed and
unsuspecting victim no chance to resist, to avoid or escape.
Abuse of superiority was proved. She was unarmed. The accused was a 22-year old male, in
the prime of his life, and armed with a deadly weapon. Since alevosia is already appreciated as
a qualifying circumstance, abuse of superiority is absorbed therein.
The fact that the victim has 7 hacking wounds does not conclusively demonstrate cruelty. The
number of wounds does not per se give rise to cruelty. The test is whether the accused
deliberately and sadistically augmented the wrong by committing another wrong not necessary
for its commission, or inhumanely increased the victim's suffering, or outraged or scoffed at his
person or corpse. Records are bereft of evidence showing the accused continued to hack the
victim when she was already dead. Passion or obfuscation to be appreciated must arise from
lawful sentiments. The act of victim demanding the family of appellant to vacate her land was
not unlawful or unjust. The exercise of a lawful right cannot be a proper source of obfuscation
that may be considered a mitigating circumstance.
NOVEMBER 2000
PEOPLE V. BALMORIA
GRNo.-134539 November 15, 2000
A case of rape of an eight-year old.
HELD: It is not uncommon for young girls to conceal for some time the assault against their
virtue because of the threat on their lives. A young girl, unlike a mature woman, can not be
expected to have the courage and intelligence to immediately report a sexual assault committed
against her especially when a death threat hangs over her head. We cannot reject the
testimony of victim on the ground that her 3 other companions were not awakened by her
groans while she was being raped. It is not impossible to commit rape in a small room even if
there are several persons in it.
PEOPLE V. VELASQUEZ
GRNo.-137383-84 Nov. 23, 2000
Appellant used a toy gun in abducting and raping the victim.
HELD: The mere fact that Karen did not attempt to escape when the opportunity resented itself
should not be construed as a manifestation of consent and does not necessarily negate her
charge of rape or taint her credibility considering the accused employed force and intimidation. A
complainant's act in immediately reporting the commission of rape is a factor in strengthening
her credibility.
Appellant imputes no ill motive towards the victim to falsely accuse him. In the absence of such
motive, it is presumed that no such motive exists. To support a conviction for rape, the court
may rely solely on the testimony of the victim provided such testimony is credible, natural,
convincing and consistent with human nature and the normal course of things. By its nature,
rape is committed with the least possibility of being seen by the public.
FEBRUARY 2001
PEOPLE V. BAYOD
GR 122664; Feb 5, 2001
Accused was charged with murder and frustrated homicide
HELD: Accused is GUILTY of MURDER and FRUSTRATED MURDER not frustrated
HOMICIDE. There was intent to kill and treachery, accused and his companions ganged up with
advantage in number and strength, in both instances; a felony is frustrated when the offender
performs all the acts of execution which would produce the felony as a consequence which
nevertheless, do not produce it by reason or causes independent of the will of the perpetrator. In
this case, timely medical attention.
PEOPLE. V. OPTANA
GR 133922; Feb.12,2001
4 informations for the violation of the sec. 5 RA7610 (Special Protection of Children against
Child Abuse) and 4 informations for rape were filed against the accused.
HELD: The SC affirms the decision of the trial court convicting the accused for one incident of
rape, sentencing him to reclusion perpetua and one charge violating RA7610, sentencing him to
suffer 8yrs and 1 day of prison mayor as minimum to 17 yrs. and 4mos of reclusion temporal as
maximum. The other informations failed to be proven beyond reasonable doubt. Likewise,
charging the accused with two different offenses for the same act committed on the same date
against the same victim is erroneous and illegal except where the law itself so allows. This is not
allowed by RA7610. It specifically provides that in instances where the victim is under 12, the
case should fall under art. 335 of the RPC, thus only cases where the victim is over 12 but
under 18 can fall under this law. In the case at bar, where the accused was charged for several
occasions of rape and abuse the conviction or acquittal on the informations was based on the
age of the child, the concept of non-multiplicity of suits, and the evidence presented. Thus, only
one rape case prospered (incident when the child was below 12) and one violation of RA7610
(when the child was above 12 but below 18).
PEOPLE V. VELASCO
GR 128089; Feb13,2001
The accused was indicted for parricide under art 246 of the RPC for the killing of his wife.
HELD: The accused is guilty of parricide and was sentenced to reclusion perpetua. Parricide is
committed when 1) a person is killed; 2)the deceased is killed by the accused; 3)the deceased
is the...or the legitimate spouse of the accused. The key element is the relation of the offender
to the victim. In case of a marital relationship the best evidence is the marriage certificate. The
own testimony of the accused as married to the victim may also be taken as an admission
against penal interest. The case was proved through circumstantial evidence sufficiently
establishing the malefactor, destroying the presumption of innocence, and fulfilling the standard
of moral certainty. Circumstantial evidence may be resorted in the absence of eyewitnesses and
is sufficient for conviction if, a)there is more than one circumstance; b) the facts from which that
inferences were derived are proven; and c) the combination of all circumstances is such as to
produce a conviction beyond reasonable doubt. Further, a conviction based on such can be
upheld if the circumstances established would lead to a fair and reasonable conclusion pointing
to the accused, to the exclusion of all others, as the author of the crime.
PEOPLE V. AVECILLA
GR117033; Feb.15, 2001
Accused was charged of qualified illegal possession of a firearm; accused willfully, unlawfully,
and feloniously with intent to kill, and actually killing a victim as a consequence, possess and
carry an unlicensed firearm.
ISSUE: Conviction and Retroactivity of RA8294 (An act Amending the Provisions of PD 1866)
HELD: SC dismissed the case. Originally he could have been convicted of illegally possessing a
firearm separately from his conviction on the killing that occurred as a consequence thereof,
which happened in 1991. With the passage of RA 8294 in 1997 amending PD1866, the
possession of an unlicensed firearm has become merely an aggravating circumstance to a
murder or homicide charge. As a general rule, penal laws have prospective effect EXCEPT
where the new law will be advantageous to the accused, as in this case, sparing him of two
separate convictions.
PEOPLE v. NAAG*
GR No. 136394; Feb. 15, 2001
Accused was charged and found guilty by the lower court of the special complex crime of
robbery with rape.
ISSUE: Was there rape? Was he guilty of the special complex crime of robbery with rape?
HELD: There was rape. In rape cases, what is material is that there is penetration no matter
how slight. The only essential point is to prove the entrance or at least the introduction of the
male organ into the labia of the pudendum. The moment the accuseds penis knocks at the door
of the of the pudenda it suffices to constitute the crime of rape. Accused is guilty of separate
crimes of rape and theft. Facts show that the primary intent of accused was to rape the victim
and not to rob her. Moreover, the crime of taking away the property is theft and not robbery
because of the absence of violence and intimidation.
PEOPLE V. MANALO
GR 135964-71; Feb. 21, 2001
Accused was charged of 8 counts of rape of two minors (4 counts of rape for each child). One
was 6 yrs. old and the other 7.
HELD: The accused is guilty and is sentenced to death. According to art.335 of the RPC, the
death penalty shall be imposed if rape is committed on a child below seven yrs. of age.
MARCH 2001
PEOPLE v. ROBERT NUEZ y LAGASCA
G.R. No. 112092. March 1, 2001.
Accused was found guilty of Illegal possession of firearm resulting to the death of the victim and
pursuant to P.D. 1866 in relation to the 1987 Constitution the court sentences the said accused
to suffer the penalty of life imprisonment and with costs.
HELD:
Appellant was convicted of "illegal possession of firearms resulting to the death of the victim." At
the time of the commission of the crime, the existing jurisprudence was People v. Quijada. The
SC held then that the use of an unlicensed firearm in a killing results in two separate crimes
one for the aggravated form of illegal possession of firearm and two, for homicide or murder. In
the meantime, however, Congress passed Republic Act No. 8294, 27 which lowered the
penalties for illegal possession of firearms. Further, Section 1, third par. of R.A. No. 8294
provides If homicide or murder is committed with the use of an unlicensed firearm, such use
of an unlicensed firearm shall be considered as an aggravating circumstance.
The Court held that accordingly, appellant should only be convicted of simple illegal possession
of firearms. The lowered penalties as provided in R.A. No. 8294, being favorable to the
accused, should be applied retroactively.
R. A. 7659. The following ordinary aggravating circumstances were present in the commission
of the crime:
1. Abuse of public office due to the use of his service firearm in the killing;
2. Use of motor vehicle which facilitated the commission of the crime; and
3. Aid of armed men in the commission of the crime.
There is present only one (1) mitigating circumstance of voluntary surrender.
The accused was sentenced to suffer the MAXIMUM PENALTY OF DEATH.
HELD:
The SC held that with respect to the attendant circumstances, the use of a motor vehicle cannot
be considered as an aggravating circumstance, as the police vehicle used to reach the Sanicas
residence was not used directly or indirectly to facilitate the criminal act.
Neither may the aggravating circumstance of aid of armed men be appreciated in this case. The
trial court found that during the shooting, an armed companion was on board the patrol car
pointing his rifle in the direction of Dejoras. In the first place, this aggravating circumstance
contemplates more than one-armed man, as the use of the plural form easily suggests. In the
second place, the requisites of this aggravating circumstance are: 1) that armed men or persons
took part in the commission of the crime, directly or indirectly, and 2) that the accused availed
himself of their aid or relied upon them when the crime was committed. Neither circumstance
was proven present; it is clear from the evidence that the accused-appellant carried out the
killing all by himself and did not rely on his companion for assistance.
The SC also did not agree that the fact that accused-appellant used his service firearm in
shooting Vaflor should be considered as an aggravating circumstance as he took advantage of
his public position. There is authority to the effect that for public position to be appreciated as an
aggravating circumstance, the public official must use his influence, prestige and ascendancy
which his office gives him in realizing his purpose. In the absence of proof that advantage was
taken by appellant, the aggravating circumstance of abuse of position could not be properly
appreciated against him.
the New Civil Code, "(I)n criminal offenses, exemplary damages as a part of the civil liability
may be imposed when the crime was committed with one or more aggravating circumstances."
baby of accused with his REAL wife. One night after a drinking session, accused told victim to
sleep beside him, but the latter refused. Accused pointed a knife at her, forcing her to transfer to
his bed and to undress herself. Accused later raped victim. This happened again the following
night, after which victim fled to the house of her Ate Betty. The latters husband brought the
victim to the Barrio Councilman. Accused convicted of rape.
ISSUE: W/N accused may be convicted beyond reasonable doubt of the crime of rape in light
of the facts stated above.
HELD: JUDGMENT AFFIRMED!
The absence of spermatozoa is not a negation of rape. The presence or absence of
spermatozoa is immaterial since it is penetration, not ejaculation, which constitutes the crime of
rape.
The fact that lacerations in the hymen of the victim were at least a month old only shows that
victim was no longer a virgin at the time she was raped, but not that she had not been raped. In
any case, virginity is not an essential element of rape.
Nonetheless, accused may not be sentenced with the supreme penalty of death since the
qualifying circumstance (of minority and relationship) is neither specifically alleged nor proved.
Accused is sentenced to suffer the penalty of Reclusion Perpetua for each count of rape.
the house, where he undressed and kissed her, finally forcing his dick unto her pussy. Accused
was later charged with rape. Before the trial court rendered judgment, the defense presented as
evidence an affidavit of retraction that is supposedly voluntarily executed by victim.
ISSUE: W/N the trial court erred in not giving weight to the affidavit of retraction executed by
victim.
HELD: Judgment Affirmed
The affidavit in question must be looked upon with disfavor. The mere retraction by a
prosecution witness does not necessarily vitiate his original testimony.
The affidavit was merely signed Labalan instead of her usual signature Juvelyn B. Labalan.
There is thus doubt as to the voluntariness of the affidavit which cautions against its admission.
Retractions are unreliable and are looked upon with disfavor by the courts.
As a defense, the accused questions the credibility of the complaining witness, the
inconsistencies in the testimony, the moral character and paternity of the child the victim was
pregnant with, alleged grudge of the defendant, denial and bias
Held:
Moral Character and Paternity of the child
Both are not material in rape cases. Moreover, even if a woman is on the family way at around
eight months (as the victim was in this case), the woman is still susceptible to sexual
intercourse.
PEOPLE VS UBONGEN
GR No. 126024, April 20, 2001
Accused found guilty of kidnapping and serious illegal detention. Victim is a three-year-old
child. Accused contends that he did not kidnap the child nor did he have an intention to detain
her but actually wanted to help and secure the safety of the child whom he chanced upon on the
road. They were found by the policemen in a restaurant in the same day the child was allegedly
lost.
ISSUE: WON accused is guilty of the crime charged
HELD: No
1. Not kidnapping. Primary element of kidnapping is actual confinement, detention and
restraint of the victim. Evidence does not prove that the victim was forcibly transported,
locked up or restrained. No proof of a knowing action by accused to forcibly restrain victim.
2. ACOSTA CASE: The boy was transferred from one house to another. The fact that the boy
was allowed to play in the house where he was detained is immaterial since the child was
practically a captive. One of the kidnappers knew the parents of the child.
FLORES CASE: Accused was housemaid of childs family. Even with the lack of criminal
intent, it is still kidnapping because she took the child without telling the father.
In this case, the accused is a complete stranger and no proof that he knew where the child
lived.
PEOPLE VS CONCEPCION, ET AL
GR No. 131477, April 20, 2001
Accused was convicted of the crime of robbery with homicide. Conviction had from
circumstantial evidence.
ISSUE: WON accused is guilty of the crime charged
HELD: Not robbery with homicide but 2 distinct offenses of theft and homicide.
1. Prosecution failed to substantiate allegation of the presence of criminal design to commit
robbery, independent of the intent to commit homicide. There is no evidence showing that
the death of the victim occurred by reason of or on the occasion of the robbery. Where the
homicide is NOT conclusively shown to have been committed for the purpose of robbing the
victim, or where the robbery was not proven at all, there can be no conviction for robbery
with homicide.
2. Though things were stolen, there can be no robbery because there is no evidence that any
wall, roof or floor has been broken. Hence, accused should be convicted of a separate
offense of theft, instead of robbery, force upon things not having been proven.
PEOPLE VS PAGADOR
GR No 14006-10, April 20, 2001
Accused was found guilty of 2 counts of murder and 3 counts of frustrated murder. He killed the
parents of his girlfriend and wounded the 3 other sisters. The subject of this appeal is the 3
counts of frustrated murder.
1st count: Accused chased her, pulled her hair which caused her to stumble; then accused sat
on her stomach and hacked her. She pretended to be dead to stop the assault.
2nd count: Found by her sisters to be lying on top of their dead mother holding her bleeding
stomach
3rd count: Left index finger was cut when accused swung his bolo as she approached her
mother. She ran and jumped out of the window.
ISSUE: WON accused is guilty of three counts of frustrated murder
HELD:
1st count: Yes. The accused had already performed all the acts of execution which tended to
produce the death but failed to cause her death by reason independent of his own free will.
Perpetrator stood up and left the crime scene on the belief that he had consummated his
heinous act.
2nd count: No. Intent on the part of the assailant to take the life of the person attacked is
lacking. When such intent is lacking but wounds were merely inflicted, the crime is not
frustrated murder but physical injuries only.
3rd count: No. Accused did not pursue her as she ran and jumped out of the window.
Apparently, his purpose was merely to drive away the 4 sisters and dissuade them from
attacking him. No intent to kill. Physical injuries only.
PEOPLE VS ACA-OC
GR No. 142500, April 20, 2001
Accused was found guilty of frustrated rape by the TC. Victim was 11 years old. There was no
laceration of the hymen.
ISSUE: WON accused is guilty of frustrated rape
HELD: No. Accused is guilty of statutory rape.
1. Rape is either attempted or consummated. There can be no frustrated rape.
2. Mere touching of the labia or pudendum by the male organ is enough to consummate the
crime of rape. It is enough that there is penetration, however slight, of the external genitalia.
The fact that there was no laceration of the hymen does not preclude finding of rape.
3. Since victim was then only 11 years old, the crime is statutory rape.
PEOPLE VS ABLANEDA
GR No. 131914, April 30, 2001
Accused was found guilty of the complex crime of forcible abduction with rape. Victim is 6 years
old. Accused approached the victim and asked her if he could share her umbrella. Then they
boarded a trimobile and he brought the victim to a small hut.
ISSUE: WON accused is guilty
HELD: Yes.
1. There is forcible abduction. The victim, who is a woman, was taken against her will.
Physical resistance need not be demonstrated to show that taking was against victims will.
Employment of deception suffices to constitute the forcible taking, especially since the victim
is an unsuspecting young girl.
2. The taking of the young girl against her will was effected in furtherance of lewd and
unchaste designs. Such lewd designs in forcible abduction is established by the actual rape
of the victim.
PEOPLE VS AGONCILLO
GR No. 138983, May 23, 2001
Automatic review of the death penalty case for the crime of rape committed with the use of a
deadly weapon. Victim was a 14-year-old girl. Accused was armed with a scythe used to
threaten the child. Aggravating circumstance considered: dwelling, nighttime and uninhabited
place.
PEOPLE VS COMPO
GR No. 112990, May 28, 2001
Appeal of Compo who was found guilty for conspiring to kill the victim.
ISSUE: WON there was conspiracy
HELD: No conspiracy
1. Compo was merely present. No overt act was established to prove that he shared and
concurred with the criminal design. Mere knowledge, acquiescence or agreement to
cooperate is not enough to constitute one as a party to conspiracy absent any active
participation in the commission of the crime, with a view to the furtherance of the common
design and purpose. Conspiracy transcends companionship.
2. Accused not also an accomplice. An accomplice is one who, not being a principal,
cooperates in the execution of the offense by previous or simultaneous acts. To be
convicted of such, it is necessary that he be aware of the criminal intent of principal and
cooperate knowingly or intentionally by supplying material or moral aid. This was not
established.
PEOPLE VS FLORES, ET AL
GR No. 116488, May 31, 2001
Accused, all members of the local CAFGU, were found guilty of kidnapping and serious illegal
detention.
ISSUE: WON the accused are guilty of the crime charged
HELD: No
The first element of the crime of kidnapping and serious illegal detention is that the offender
must be a private individual. In the case at bar, the accused were members of the CAFGU at
the time the alleged crime was committed. CAFGU was created for the purpose of
complementing the operations of the regular force formation in a locality. As public officers,
accused can only be liable for arbitrary detention. This was not proven in this case however.
PEOPLE VS ELLASOS, ET AL
GR. NO. 139323, June 6, 2001
Accused was convicted of the crime of carnapping with homicide. He now assails the finding of
carnapping. He contends that the essential element of carnapping: the intent to gain was not
proven; that the taking of the wheel of the tricycle can, under the circumstances, be conclusively
presumed to be a mere afterthought, and if indeed a crime has been committed, it can only be
theft of the wheel of the tricycle.
ISSUE: WON it was carnapping
HELD: Yes.
Intent to gain, or animus lucrandi, as an element of the crime of carnapping, is an internal act
and hence presumed from the unlawful taking of the vehicle. Unlawful taking is the taking of the
vehicle without the consent of the owner, or by means of violence against or intimidation of
persons, or by using force upon things; it is deemed complete from the moment the offender
gains possession of the thing, even if he has no opportunity to dispose of the same. Further,
the accused may be held liable for the unlawful taking of the whole vehicle even if only a part
thereof is ultimately taken and/or appropriated while the rest of it is abandoned.
PEOPLE vs ASUNCION
GR Nos. 123916, June 19, 2001
Facts: The victim filed an information against accused-appellant for allegedly raping her. The
information charged accused-appellant of rape committed with the use of force and intimidation
under paragraph 1 of article 335 and also with the use of deadly weapon within the purview of
the same article.
Issue: Whether the crime of rape was roved beyond reasonable doubt.
Held: The court affirms the finding of the lower court that accused-appellant is guilty beyond
reasonable doubt of the crime of rape committed with use of force and intimidation. Accused-
appellant having been found to have likewise committed the crime with the use of deadly
weapon, the penalty should be RP to death. As there was neither aggravating nor mitigating
circumstance, the lesser penalty of RP should be imposed.
PEOPLE vs UGANAP
G.R. Nos. 130605, June 19, 2001
Facts: Felix Uganap was convicted by the trial court of murder qualified by treachery. The
charge of conspiracy was dismissed by the trial court for having no basis. Only accused-
appellant was convicted out of the five charged.
Issue: Was treachery present to qualify the offense as murder?
Was there conspiracy? If there was, should the other co-conspirators be convicted also?
Held: Conspiracy is revealed by the acts before, during, and after the commission of the crime
which indicate the joint purpose, concerted action, and concurrence of sentiments. In the
instant case, there is direct proof that, owing to an eyewitness account, there was previous
agreement to kill the victim. A conspiracy having been unquestionably shown, it is actually
unnecessary to establish who among the malefactors inflicted the fatal blow. All conspirators
are liable as co-principals regardless of intent and character of participation. However, the
accused- appellant may not invoke the acquittal of the other conspirators to reverse his
conviction. There is nothing irregular with the acquittal of one of the supposed co-conspirators
and the conviction of another.
The information alleges that the crime was attended by treachery and evident
premeditation. The Supreme Court held that there is no treachery in the instant case.
According to the trial court, as the victim was slumping down, accused shot him. This is purely
conjecture on the part of the trial court. Treachery cannot be acknowledged on the basis of
mere presumptions. On the other hand, all the elements of evident premeditation are met in this
case.
PEOPLE vs DE LEON
GR Nos. 132160, June 19, 2001
Facts: Mario and Freddie de Leon were charged of murder qualified by treachery.
Issue: Was there a qualifying circumstance of treachery?
Held: The trial court correctly found treachery in the manner by which the accused-appellant
killed the victim. Accused-appellant shot the victim from behind while the victim was playing
billiards. The victim was totally unaware and was thus rendered defenseless.
Held: The intent to kill determines whether the crime committed is physical injuries or
homicide. The intent to kill is absent in this case. For evident lack of criminal intent to kill, the
information for attempted homicide must fail.
The mitigating circumstances of voluntary surrender, passion and obfuscation,
incomplete defense of a relative, and lack of intent to commit so grave a wrong, pleaded by the
defense, were not convincingly proved.
Andres act of shouting at the appellants son is not sufficient to produce passion and
obfuscation. The plea of the mitigating circumstance of incomplete defense of a relative is also
unmeritorious since the act of Andres in cursing at the appellant and his son does not amount to
an unlawful aggression. The plea of lack of intent to commit so grave a wrong is likewise devoid
of merit. This circumstance obtains only when there is disparity between the means employed
and the resulting crime committed. The use of a gun is sufficient to produce the resulting
crimes.
PEOPLE vs MATYAONG
GR Nos. 140206, June 21, 2001
Facts: The accused-appellant beat his wife using a piece of wood. Two days after the beating,
the wife died. The lower court convicted the accused-appellant of the crime of parricide.
Issue: Whether or not the beating was the proximate cause of the death of the victim.
Held: In order to hold a person liable for the death of another, it must be established beyond
reasonable doubt that the accuseds criminal act was the proximate cause of such death. Such
proof is especially crucial when there are several possible causes of death. In the case at bar,
even assuming that the victim was afflicted with food poisoning, the accused-appellant may still
be held liable for death if the prosecution had presented proof that accused-appellants beating
was the efficient cause, which it did not. There being no evidence on the injuries sustained by
the deceased and the cause of her death, accused-appellant is entitled to an acquittal.
PEOPLE vs CATAPANG
GR Nos. 128126, June 25, 2001
Facts: Accused-appellant shot the victim while the latter was on board the tricycle. The lower
court convinced accused-appellant of murder qualified by treachery and attended by the
aggravating circumstance of nighttime.
Issue: Whether the aggravating circumstance of nighttime should be appreciated separately
from treachery.
Held: The aggravating circumstance of nighttime cannot be appreciated separately as it is
absorbed in treachery. Nighttime was evidently an integral part of the treacherous means and
manner adopted to ensure the execution of the crime, or that it facilitated the treacherous
character of the attack.
PEOPLE vs PANGANIBAN
GR Nos. 138439-41, June 25, 2001
Facts: Accused-appellant was charged of raping his own daughter.
Issue: Whether death penalty should be meted out as punishment in this case.
Held: The SC does not concur with the trial courts imposition of death penalty in criminal cases
nos. 97-158615 and 97-158616. The rape in criminal case nos. 97-158615 was committed
sometime in November 1986 or prior to the effectivity of the Death Penalty Law. Hence,
pursuant to the constitution, the death penalty cannot be imposed. As to the other criminal
case, the information fails to allege the qualifying circumstance of age and relationship. To
impose the death penalty on the basis of a qualifying circumstance which was not alleged in the
information would violate the accused-appellants constitutional right.
PEOPLE VS ESPINA
GR. No. 132325-26, July 26, 2001
Accused was convicted of the crime of Murder qualified by Illegal Possession of firearms.
Evidence showed that the accused was urinated on by the victim in front of the guests.
Mitigating circumstance of immediate vindication of a grave offense was considered by the TC.
ISSUE: WON accused is guilty of the crime charged
HELD: Affirmed with modification
1. Illegal possession of firearm not aggravating: RA No. 8294, which took effect on July 6,
1997 provide that if homicide or murder is committed with the use of an unlicensed firearm,
such use of an unlicensed firearm shall be used as an aggravating circumstance. However,
the offenses at bar were perpetrated on September 30, 1992. It cannot be applied yet, lest it
acquires the character of an ex post facto law.
2. The act of the victim of urinating on the accused, which undoubtedly insulted and humiliated
accused came within the purview of a grave offense.