CASE CASE TITLE FACTS Crime RTC CA SC

NO. Charged
6 Aristotle Valenzuela v -Aristotle Valenzuela and Theft Consummated Consummated Consummated
People Jovy Calderon Theft Theft Theft
-Super Sale Club
Supermarket -time he was Unlawful taking-
-Lago(security guard of apprehended, he element which
SM) was never placed in produces the felony
a position to freely in its consummated
- Tide detergent
dispose the articles stage (deprivation
*Should theft be deemed - People v. Dino of ones personal
as consummated or and People v Flores property)
frustrated? (rely on Spanish
jurisprudence) ART 308 Theft has
no frustrated stage
7 People v Mera Joy Mera Joy Nieles Qualified Theft Qualified Theft Qualified Theft Qualified Theft
Eleutierio Nielles cashier of Juanila Flores
- took 640,353 -all elements of Nielles: Flores was Flores Cross-
pesos (via 15 qualified theft are out of th country, examination
present she could not have conducted
personal checks)
personally known if investigation (sub-
-received/collect -4 years of prision appellant collected guarantors admitted
payments from correctional, as min such amonts from making payments to
sub-guarantors to 20 yrs of sub-guarantors Nieles; upon
and failed to remit reclusion temporal arriving from
money belonging as max -reclusion perpetua Hongkong Flores
to Flores admitted to
-grave abuse of converting
confidence collections to her
personal use

-reclusion perpetua
(two degrees
higher)

8 Engr. Anthony
Zapanta v People
Engr. Zapanta (project Qualified Theft Qualified Theft Qualified Theft Qualified Theft
manager of Porta vaga
blg.cons) and Concordio -flange steel ---Zapanta claims -deleted award for (1) Sufficiency of
Layao,Jr. or Jun beams of different that he is an moral damages the allegation of
(telescopic crane sizes total amount employee of date of commission
AMCGs not Anmar of crime
operator) of 2, 267, 732
and that his plan to - approximate date
pesos build his company is of the commission
Engr. Marigondon;s of offense

9 People v Trinidad Cahilig cashier at 30 cases qualified
Cahilig Wyeth Loan Assoc Inc.
(WPESLAI)
30 cases of qualified theft
total amount of 6,268,300
pesos
-handling managing,
receiving and disbursing
money from WPESLAIs 27,considering all
depositors and other
funds of the association
-she deliberately misled
the board of directors into
authorizing
disbursements for money
-w/o consent of motive for false sometime in the
Gen. Manager accusations month of 2001, Nov
Lorna Marigondon 2011 (not an
element of the
crime)
-can be committed
on the date as near
as possible to the
actual date of
commission
(2) w/ grave abuse
of discretion
(3) corpus delicti is
the fact of the
commission of the
crime
-failure to present
stolen beams
PENALTY:
reclusion perpetua
Qualified Theft Qualified Theft Qualified Theft
theft , only 3 went -present in every
thru tiral -cashier of charge must be the result
WPESLAI,was of the rel. by reason
-parties shall granted trust and (1) Cahilig took of dependence,
confidence by the proceeds of guardianship or
adopt the results
key officers of the WPESLAI checks vigilance, bet the
on 3 trials in association issued in her name appellant and the
remaining -she enjoyed as cashier of assoc offended party that
access to the funds w/c are supposed to might created a
cases arose from and financial be redeposited to high defree of
similar modus records of the another acct. of confidence btw
operandi or same assoc, facilitiating WPESLAI them w/c the
methods her easy withdrawal (2) belongs to appellant abused
of funds for her WPESLAI
personal use (3) w/o consent of PENALTIES: trial
owner court erred in
(4) took funds by penalty imposed for
means of modus 6 cass (20k, 46k ,
operandi normal 25k, 30k, 40k, and
course of business 35 k respectively)
and with approval of --thus reclusion
WPESLAI perpetua
 (5)w/o violence and
intimidation
(6) her position as
cashier permeates
trust and confidence
10 People v Renato Lagat Lagat and Palalay Carnapping RA Qualified Qualified Qualified
and James Palalay 6539 Carnapping Carnapping Carnapping
-tricycle used to steel
cavans of palay from -yasuki tricycle -reclusion perpetua -affirmed -Lagat and Palalay
store in Isabela that owned by Jose failed to give any
belonged to Esteban Biag valued at reason why they
had Biags tricycle
70,000
-the owner of tricycle was -in the course and -unlawful taking or
killed and dumpled along occasion of apoderamiento and
the Angadan and San carnapping, intent to gain or
Guillero Road inflicting multiple animus lucrandi
stab and hacking
wounds w/c Circumstantial
directly caused evidence- evidence
Joses death w/c proves a fact or
series of facts from
w/c the facts in
-entered plea-
issue may be
bargaining established by
proposals asked inference
to plead guilty of
Homicide and -reclusion perpetua
mitigating when the owner,
circumstances of friver or occumpant
plea of guilt and/or of the carnapped
no intention to motor vehicle Is
commit so grave a killed or raped in the
course of the
wrong be
commission of the
considered in their carnapping or on
favor the occasion thereof
11 People v Joel Aquino Joel Aquino alias akong (1) Murder (1) Murder (1) Murder Physical
-armed with ice reclusion perpetua reclusion perpetua Impossibility
-son Jefferson pick, hitting Jesus w/o eligibility of SanJose Del Monte
Lita on the diff. (2) Violated RA parole Bulacan and
6539 or the Anti- Dasmarinas
-w/ Noynoy Almoguerra parts of his body
Carnapping Law (2) Simple Caviteis 4-5 hours
aka Negro, Rodnal, Bing, life imprisonment Carnapping - RA away
John Doe and Peter Doe (2) RA6539 pursuant to Sec 14 6539- penalty of
imprisonment of 14
-tricycle owned by yrs and 8 months, (1) MURDER-
Jesus and Sisinio as minimum to 17 qualifying
Contridas, amount yrs and 4 months as circumstance of
of 120,500 and on max treachery
(unexpected attack
the occasion or by
by the aggressr on
reason of said an unsuspecting
carnapping, victim,depriving him
accused stab of any real chance
Jesus LIta, owner to defend himself)
and driver of -no abuse of
tricyle superior strength as
aggravating
-PENALTY
RECLUSION
PERPETUA

(2) NOT life

imprisonment
(replaced by
recperpetua to
death) because
not carnapping with
homicide
- must prove that
the original criminal
design of the culprit
and killing was
perpetrated in the
course of the
commission of the
carnapping or on
the occasion thereof
-CARNAPPING was
an afterthought
when the victims
death was already
fait accompli
-GUILTY OF
SIMPLE
CARNAPPING
-Imprisonment of 14
yrs and 8 months as
min to 17 yrs and 4
months as
maximum
12 JAMIE ONG V Jamie Ong
PEOPLE
Francisco- firestone tires
(44 Firestone Truck
Tires), with receipt and
specifically described by
serial numbers (it is of a
specific model, marked
by chalk)
-sold 6 of the tires
-38 remaining were
stolen from warehouse
-JONGS MARKETING- to have been
store selling tires in Paco
where the other tires
were found
-BUY BUST
OPERATION ENSUED
TITO ATIENZA- poseur
buyer from the buy bust
operation
ONG: be assisted by a
representative from
barangay because its
past 10 pm
-13 tires were
confiscated including the
item bought
P.D. 1612 Anti Fencing law Anti-Fencing Law Anti-Fencing Law
Anti Fencing Law
PENALTY- Affirmed (1) Francisco
-received from an imprisonment of 10 testimony, which
years and 1 day to was corrobated by
unknown person
16 years with Jose Cabal the
13 truck tires accessory penalty caretaker of
worth P65,975 of temporary warehouse that a
(belongs to disqualification robbery had been
Francisco Azajar) commited
(2) although no
-sold one truck evidence linking
knowing the same ONG and the
robbery, Ong never
derived from denied the fact of
13 tires of Francisco
robbery
were in his
possession (He was
ARGUMENT OF also neither a
ACCUSED- he principal or
has bought if from accomplice)
Ramon Go for 45k (3) Ong should
know that the said
article, item, object
or anything of value
has been derived
from the proceeds
of the crime of
robbery or theft
SHOULD KNOW
(4) evident intent to
gain for himself
FENCING IS
MALUM
PROHIBITUM
prima facie
presumption of
fencing from
evidence of
possession

PENALTY: 6 years
of prision
correctional
13 MEL DIMAT V. Mel Dimat argument Anti-fencing law Anti-Fencing Law ANTI-FENCING
PEOPLE he bought Nissan safari LAW
in good faith from PENALTY: MODIFIED
MANUEL TOLENTINO oimprisonment of PENALTY: 8 years (1) 1988 Nissan
10 years, 8 months, and 1 day of prision Safari was
-he later sold vehicle to
and 1 day of prision mayor in its medium carnapped, 1990
DELGADO, SONIA mayor to 20 years period, as minimum, Dimat sold it to
-claims that Nissan from of reclusion to 17 years, 4 Delgado for
Delgado and one which temporal months and 1 day 850,000(engine
police officers took into of reclusion number and chassis
custody were not the temporal in its number similar to
same maximum that stolen from
Mantequillao)
Jose Mantequilla- DEED OF SALE did
registered owner of the not reflect the
correct numbers of
1977 NISSAN SAFARI
the vehicles engine
-vehicle was carnappped and chassis)
at Robinsons Galleria (2) LACK OF
parking area CRIMINAL INTENT
PD 1612 is a
special law violation
is regarded as
MALUM
PROHIBITUM,
requiring no proof of
criminal intent

TOLENTINO: Dimat
met him in a
Casino, Nissan
Safari as collateral
for a loan
-likewise Tolentino
failed to delivier the
documents, he only
showed the old
certificate of
registration and
official receipt
14 NENITA CARGANILLO Teresita Lazaro (rice ESTAFA ESTAFA ESTAFA ESTAFA committed
V PEOPLE trader in Nueva Ecija) with grave abuse of
gave Nenita 132,000 for PENALTY: -elements of the confidence
the purpose of buying indeterminate crime of estafa
sentence law 4 yrs (1) Nenita received
palay
and 1 day of prision in trust the amount
 NENITA CARGANILLO- correccional as min ARGUMENTS OF of 135,000 from
alleged ahente or agent to 20 yrs of NENITA: Teresita for purpose
in buy and sell of palay reclusion temporal (1) Nenita maintains of buying palay
and agreed to deliver the as max that she is not
engaged in the (2) misappropriated
palay to LAZARO PALAY
business of buying it when she failed to
BUYING STATION and selling of palay retun the said
amoung to Teresita
KASUNDUAN- nenita (2) kasunduan upon demand
shall earn commission of between her and
20 cents; but if no palay Teresita does not (3) KASUNDUAN
is purchased or delivered constitute real as a simple loan
on November 28 Nenita agreement of a Nenita failed to
must return the 132,000 simple money loan support her claims
to Teresita within 1 week by documentary
(3) prosec fails to and testimonial
after said date
establish violation of evidence
art 315 because
she never received ARGUMENT OF
135,000 NENITA FRAUD
VITIATE CONSENT
PENALTY: 4 yrs (must be casual and
and 2 months of serious) tricked by
prision correcciona, Teresita into signing
as min, to 8 yrs of a blank kasunduan
prision mayor as
max,plus 1 year for
each additional 10k
(in excess of 22k),
equivalen to 11
yrs,or a total of 19
yrs
15 LITO CORPUZ V LITO CORPUZ- sell said ESTAFA ESTAFA par 1 ESTAFA PETITION FOR
PEOPLE pieces of jewelry on subparagraph b of REVIEW ON
commission basis -98 k RPC Modified penalty: 4 CERTORIARI WAS
-under express yrs and 2 monhts of DENIED
ARGUMENT OF prision correccional,
DANILO TANGCOY obligation on the
CORPUZ: He and as min, to 8 yrs of (1) PROCEDURAL
met at the Admiral part of the said Tangcoy were prision mayor, as ISSUE : admitting a
Royale casino accused to collecting agents of mx plus 1 yr of each photocopied
-engaged in the business remitthe proceeds Antonio Balajadia additional 10,000 or evidence; formally
of lending money to of the sale of the for every collection total of 7 years defective
casino players said items or made, they earn a information (period
-agreed thus turning over return the same if commission PENALTY of supposedly
jewelries with aggregate not sold PRESCIRBED IN return of jewelries
ART 315 and date of the
 value of 98k as -with abuse of PENALTY: (1)Maximum- 6 yrs, commission of
evidenced by receipt confidence indeterminate of 4 8 months, 21 days crime)
-AGREEMENT: Corpuz -to damage and yrs and 2 mnths of to 8 yrs
shall remit the proceeds prejudice of said prision correccional (2) Medium- 5 yrs, 5 (2)LAST ELEMENT
in its medium months, 11 days to OF ESTAFA THAT
of the sale and or if Danilo Tangcoy
period, as min, to 6 yrs, 8 months, 20 THERE BE
unsold to return the same 14 yrs and 8 days DEMAND NOT
items within a period of months of reclusion (3) Minimum- 4 yrs, PROVED
60 days temporal in its 2 months, 1 day to testimony of
minimum as max. 5 yrs, 5 months, 10 tangcoy he was
days able to locate
Corpuz after 2
months
DEMAND need not
to be formal; it may
be verbal

PENALTY:
INDETERMINATE
PENALTY from 3
years, 2 months
and eleven days of
prision correccional
as min to 15 years
as maximum
16 VILMA SULIMAN V Vilma Suliman owner 2 counts of Illegal 2 counts of illegal AFFIRMED BUT AFFIRMED
PEOPLE and general manager of Recruitment recruitment MODIFIED
SULIMAN INTL PENALTY Sec 6 (a), (l), (m) of
-has control, 4 counts of Estafa 3 counts of estafa RA 8042
2 counts of illegal (1) they separately
management and
recruitment charged the private
direction of business of RA 8042- Migrant complainants the
said company Workers and 3 counts of estafa ( amounts of
Overseas Filipinos Anthony, Perlita and P132.460,
Luz Garcia- act of 1995- Jimmy) P120,000, P21,400
undertaken by a as placement fees
6 informations non-license or -failed to filed MFR (2) failed to actually
-2 counts of illegal non-holder of within 15-day deploy without valid
recruitment under sec 6 authority reglementary period reasons
of RA 8042 -new counsel (3) failed to
Motion to admit reimburse said
-4 counts of estafa (ART
attached motion for complainants after
315) reconsideration such failure to
(denied) deploy
-Garcia- eluded arrest
and remained at large ESTAFA
 -claims gross ART 315 Par 2
negligence by (1) false pretense
former counsel for employment
either in SK, Saudi
and Canada
(2)
misrepresentation
was made prior to
payment of
placement fees
(3)
misrepresentation
or false pretense
made by the
accused INDUCED
private
complainants to part
their money
(4) as a result they
suffered damages
as the promised
employment abroad
never materialized,
and payments were
not recovered

17 PEOPLE V PALMY Tibayan and Puerto MULTIPLE SIMPLE ESTAFA SYNDICATED AFFIRMED CA
TIBAYAN AND RICO CRIMINAL failed to allege in ESTAFA DECISION OF 6
PUERTO Tibayan Group CASES FOR the info that they SEPARATE CRIM
Investment Company Inc SYNDICATED formed a -modified respective CASES/
SYNDICATEwith penalties to SYNDICATED
(TGICI) investment ESTAFA
intention of imprisonment for ESTAFA
company registered with defrauding the each count TIBAYAN 13
the Securities and public -increaased actual PUERTO- 11
Exchange commission damages to Clarita --PENALTY is LIFE
(SEC) ISSUED 6 IMPRISONMENT
-TGICI- selling securities SEPARATE -TGICI- were FOR EACH COUNT
to public w/o a DECISION: engaged in a
registration statement in ESTAFA under item PONZI SCEME
violation of RA 8799 (The 2 (a) ppar 4 of art which relied on ELEMENTS OF
securities regulation 315 in rel to PD investors to pay its SYNDICATED
1689 earlier investors ESTAFA
code)
(PD 1689 punishes) (a) estafa or other
-submitted fraudulent Tibayan- 13counts forms of swindling
treasurers affidavit Puerto- 11 counts -compromised of ART 315 and 316
before the SEC more than 5
 persons thus (b) committed by a
FIVE OTHER SYNDICATED syndicate of 5 or
ACCUSED- Jesus, ESTAFA more persons
Ezekiel, Liborio, Jimmy (c) defraudation
results in
and Nelda remained at
misappropriation of
large moneys contributed
by stockholders,
TWELVE PRIVATE members x x x
COMPLAINANTS- were
enticed to invest in TGICI -modus operandi
due to offer of high inducing pblic to
interest rates, as well invest, investment
assurance that they will would be returned
recover their investments with a very high
monthly interest
rate ranging from
PUERTO- signature was 3% to 5.5%
forged ,and that since
January 2002, not a
director

TIBAYAN- her signature

was forged, she was
neither an incorporator
nor a director of TGICI
18 MA. GRACIA HAO Manuel Dy filed SYNDICATED SYNDICATED SYNDICATED SIMPLE ESTAFA
AND DANNY HAO V criminal complaint ESTAFA ESTAFA ESTAFA
PEOPLE against Victor Ngo for (1) PROCEDURAL
Syndicated estafa 6 co-accused and Argument of CONSIDERATION-
accused: no Denial of twin
-longtime client of GRACIA AND
evidence that state motions to defer
Asiatrust bank DANNY resources was arraignment and to
formed to defraud life warrant of arrest
NGO- manager of bank public in general
-gave advice to Dy in --thus crime should (2) PROBABLE
terms of the latters only be simple CAUSE FOR
investment with a higher estafa ISSUANCE OF
return -denial of WOA- Judge
petitioners motion Marques made a
Ma. GRACIA Ho (Mina to life warrant of personal
arrest determination of
Tna HAo_- officer and
probcause
incorporator of State --DECEIT
Resources
 DY- invested 10 (3) SYNDICATED
MILLION ESTAFA
-promised interest, at the ELEMENTS
urging of Gracia, to -3rd element is
lacking; funds
increase investment to
fraudulently
100M solicited by the
---Gracia issued several corporation must
checks as earnings for come from the
his investment general public; DY
(114,286,086) hadno co-
-dishonored complainants

-NGO resigned from (4) JUDICIAL

ASIATRUST and cant be PROBABLE
CAUSE
located
DETERMINATION
yes only for a
-GRACIA invested crime of simple
money in the business of estafa
husband, DANNY HAO -simple estafa and
syndicated; former
is necessarily
included in the
former
-thus warrants shall
not be nullified

(5) SUSPENSION
OF
ARRAIGNMENT-
period of
suspension should
not exceed 60 days
counted from the
fling of petition

19 PEOPLE V GILBERT Gilbert Wagas charged ESTAFA ESTAFA ACQUITED OF

REYES WAGAS of estafa in RTC CEBU ESTAFA
-issued BPI checks in the PENALTY: -but still to pay
amount of 200,000 indeterminate LIgaray of 200,000
penalty of from 12 as actual damages
payment of obligation
years of prision plus interest of
(200 bags of rice) mayor, as min, to 6%per anum
30 years of
-such check was reclusion perpetua ARGUMENTS FOR
dishonored due to as max NEW TRIAL
INSUFFICIENT FUNDS (1) testimony of
-promised to settle but to ELEMENTS OF Canada was out of
ESTAFA: the country
no avail
(2) Ligarays
(1) wagas issued a testimony given
Alberto Ligaray postdated check as against Wagas in
deposited such checks in payment for an another crim case
Solid Bank OBLIGATION of BP 22
contracted at the
-TELEPHONE time check was DENIED
TRANSACTION issued
(2) he failed to IDENTITY OF
ROBERT CANADA- deposit an amount LIGARAY was not
sufficient to cover established by proof
brother in law of Wagas
check despite beyond reasonable
-seafarer having been doubt through the
-accrdg. to WAGAS it informed that check phone; no
was Canada who had been personally meeting
transacted with Ligaray dishonored NEGOTIABLE
(3) Ligaray released INSTRUEMENTS:
the goods upon payable to
receipt of post cash/bearer
dated check and possible to wagas
upon Wagas issued check not to
assurance Ligaray but to
another person

CANADA who
received rice from
him and who
delivered check to
him no records
that Canada acted
in behalf of WAGAS

LIgarays
transaction with
Wagas had no
factual basis
20 PEOPLE V JULIE VERSION OF ESTAFA ESTAFA ESTAFA ESTAFA
GRACE VILLANUEVA PROSECUTION: -under ART 315 par
VERSION OF 2 in relation to PD 8 years and 1 day ALL ELEMENTS
LORETO MADARANG- DEFENSE NO. 818 of prision mayor, as WERE PRESENT:
minimum, to 30
sells jewelry, went to -Villanueva- met
PENALTY: 14 yrs 8 years of reclusion (1) Villanueva
Villanuevas residence Madarang 3 times months and 1 day perpetua as issued the checks
-SOLD five sets of -issued 6 checks to 20 years maximum to Madarang in
jewelry worth P1,010,000 for the 6 sets of reclusion temporal exchange of jewelry
jewelries. 5 were in its medium and she had purchased
VILLANUEVA- made out postdated maximum period
9 checks drawn against -insisted that she (2) checks were
PNB, 8 of which were did not receive -pay Loreto 995,000 dishonoted upon
postdated any notice from presentment due to
-Madarang received Madarang insufficiency of
funds or because
check because of Vs regarding the
the accounts was
assurance that they dishonor of already closed
would be honored upon checks
presentation (3) Madarang
-only 2 were paid by suffered prejudice
drawee bank, while 7 by her failure to
were dishonored due to collect from
ACCOUNT CLOSED Villanueva the
balance of
P995,000

PENALTY IS
AFFIRMED

21 MARITA DE CASTRO AMPARO MATUGUINA ESTAFA through ESTAFA through AFFIRMED ESTAFA- by
V PEOPLE AND MILAGROSE Falsification of a Falsification of a ESTAFA defrauding BPI, in
CORNEJO left savings commercial commercial various sums
account passbook with document document Except the portion withdrawn from the
requiring accsued to bank accounts of
De Castro (bank teller at
(1) 20,000 pay BPI FAMILY Matuguina and
BPI) 2000 Corneo
(2) 2,000
(3) 10,000 FALSIFICATION
-4 counts of estafa OF COMMERCIAL
(4) 35,000
committed on separate DOCU- forging
occasions by forging signatures in the
signatures of bank withdrawal slips in
depositors in withdrawal order to enable her
slips thereby enabling
 herself to withdraw a total
of 65k and 2k from
respective savings
accounts of Matugina
and Cornejo
Cynthia Zialcita- Branch
manager
22 MA.ROSARIO P Campos 14 counts of METROPOLITAN
CAMPOS V PEOPLE violation of BP 22,
AND FIRST WOMENS Bouncing checks law -14 COUNTS OF
CREDIT
CORPORATION Obtained a loan, payable
on installments,from First
Womens Credit PENALTY: 6
Corporaion (FWCC) in
the amount of P50,000
-issued several
postdated checks in favor
of FWCC to cover the
agreed installment
payments
Metropolitan trial court
tried in absentia
to withdraw such
amounts
-right against self-
incrimination-
administrative
investigation, nor
coerced to give
evidence
--misrepresentation
to her co-
employees enabled
her to receive the
amounts stated in
the withdrawal slips
14 counts of 14 counts of AFFIRMED
TRIAL COURT violation of BP 22 violation of BP 22
Notice of dishonot-
VIOLATION OF ARGUMENT OF as means to
CAMPOS: establish that the
BP 22
(1) her knowledge ISSUER of a check
at the time of the was AWARE of
checks issuance insufficiency of funs
months of that she did not when he issued the
imprisonment for have sufficient check and the bank
each violation and funds with the dishonored it
indemnify sum of drawee bank for -PRESUMPTION
P46,666 payment of check in OF KNOWLEDGE
full- not established OF
by prosec INSUFFICIENCY
(2) denies having OF FUNDS
received a notice of presented within 90
dishonor from days or unless
FWCC discredits drawer pays holder
the MetCs reliance of amount, or
on a supposed makes arrangement
notice of dishonor for payment in full
was sent to her by within 5 banking
FWCC through days after receiving
registered mail notice that such
(3) good faith with check has not been
her arrangements paid by the drawee
 -campos would not
have entered into
alleged
arrangements if she
had not received a
notice of dishonor
from her creditor/ or
had no knowledge
of insufficiency of
funds
23 ARIEL T LIM V Ariel Lim- issued two 2 INFORMATION BP 22 WITH AFFIRMED IN ACQUITED had
PEOPLE checks payable to CASH were filed in the RESPECT TO TOTO paid amount of
in the amount of 100,000 MeTC SECOND CRIM dishonored checks
for each check CASE AND IS 6 months before
ORDERED TO PAY filing of info with the
2 COUNTS OF
100,000 court
Mr Willie CASTOR- VIOLATION OF
checks were given for his BP 22 FIRST CRIM CASE
candidacy in 1998 - LOWER COURT Griffith v CA
elections OF MANILA HAS acquitted accused
-ordered the delivery of NO JURISDICTION paid the
printing materials and OF CRIME complainant an
used Lims checks to pay CHARGED amount greater than
for the same HAPPENED IN value of bounced
-printing materials were QUEZON CITY checks- two years
before the filing of
delivered too late, Castor
information
instructed Lim to issue a -involved corporate
STOP PAYMENT order check thus,
for two checks existence of
confusion
MAGNA B BADIEE- sent
two demand letters to CASE: issuer of
petitioner,filed a check had already
complaint paid the value of
-AFTER ONE MONTH dishonored check
after having
FROM RECEIPT of
received the
demand letters, after subposena from the
receiving subpoena, LIM Office or Prosec
issued a replacement should have
check in amount of 200k forestalled filling of
-was able to encash said Info in court
replacement hecck
DIFFERENT FROM
ESTAFA cases-
 6 MONTHS after LIM damage and deceit
paid amount of bounced are essential
checks two infos were elements of
filed offense- check is
merely the
accuseds tool in
committing fraud;
thus paying value of
dishonored check
will not free
accused from
criminal
responsibility
24 DANTE BUSBOS AND JANUARY 1, 1994 AT 3 ARSON PD 1613 ARSON SIMPLE ARSON AFFIRMED IN
SARMELITO BUEBOS AM Sarmelito Buebos, FULL THE CA
V PEOPLE Dante Buebos, Antoio PENLALTY: 6 years MODIFIED DECISION
Cornel , Rolando Buela and 1 day of prision PENALTY- 6 years
mayor , as min to prision correctional PD 1613
in front of the hut,fire on
14 yrs, 8 months as min to 10 years Revised by PD
the roof and 1 day of prision mayor as No1744 reinstating
RECUSION maximum Art 320 of the RPC
ADELINA BORBE- TEMPORAL AS
hacienda owner; taking MAX --accused could (1)
care of her sick child only be convicted CIRCUMSTANTIAL
shouted for help SEC 3 of PD 1613 by SIMPLE EVIDENCE-
other cases of ARSON, and not unbroken chain of
OLPIANO BERJUELA- arson (2) any FOR BURNING AN events leading to
drinking; heard the shout inhabited house or INHABITED conclusion that
dwelling HOUSE, punishable petitioners burned
of Adelina
by rec temporal to the hut
-saw the four accused ELEMENTS: reclusion perpetua
running away (a) there is -INFORMATION (2) CONSPIRACY-
intentional burning failed to specifically common
(b) what is alleged actual crime understanding
intentionally burned committed among them; acted
is an inhabited in concert, each of
house or dwelling them doing his part
to fulfill common
design

(3) CRIME
CHARGED AND
PENALTY must
constituted offense
given by statute and
specify its qualifying
 and generic
aggravating
circumstances
-no allegation that
house was
INTENTIONALLY
BURNED AND
INHABITED
25 PEOPLE V ALAMADA ALAMADA DESTRUCTIVE DESTRUCTIVE DESTRUCTIVE SIMPLE ARSON
MACABANDO MACABANDO - 4 pm on ARSON ARSON ARSON PD 1613
Dec 21; broke bottles on
the road while holding a PENALTY: -AFFIRMED IN -INDETERMINATE
RELCUSION TOTO PENALTY OF 10
G.I pipe,shouting he
PERPETUA YRS AND 1 DAY
wanted to get even OF PRISION
-uttered he would burn MAYOR AS MIN
his house TO 16 YRS AND 1
DAY OF
CORNELIO FELICIA RECLUSION
saw smoke coming fro TEMPORAL AS
macabandos house MAX
ERIC ran to barangay to
get fire extinguisher (1) SUFFICIENCY
OF PROSEC
-went to MACABANDOs
EVIDENCE-
house with the latter circumstantial
carrying a traveling bag evidence was
and gun, fired 3 shots in proved
the air -preventing
-people who would put neighbors from
out the fire would be putting out fire, gun
killed and carrying a
traveling bag,
*fire gutted many houses showing
preparedness to
in his barangay
free the raging fire
-MACABANDO
Fire marshals of Bureau failed to impute any
of Fire Protection reveled impoper motive
that fire started in the against the prosec
appellants house , and witnesses
that it had been
intentional (2) CRIME
CHARGED-info
alleged that
MACABANDO set
 fire to his wn
house,and that the
fire spread to other
inhabited houses
-it only showed that
Macabando
intended to burn his
own house, but the
conflagration
spread to
neighboring houses

(3) PROPER
PENALTY -
26 INTESTATE ESTATE
OF MANOLITA
GONZALES VDA. DE
CARUNGCONG REP.
BY MEDIATRIX
CARUNGCONG AS
ADMINISTRATIX V
PEOPLE AND
WILLIAM SATO