Justice Bersamin Ponencia - Criminal Law

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Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman
G.R. No. 181571. December 16, 2009 extinguished only when the death of the offender occurs
before final judgment.
Section 1 of the Indeterminate Sentence Law, as amended, xxx xxx xxx
provides:
Section 1. Hereafter, in imposing a prison sentence for an G.R. No. 171268. September 14, 2010
offense punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to an The death of the accused likewise extinguished the civil
indeterminate sentence the maximum term of which shall liability that was based exclusively on the crime for which
be that which, in view of the attending circumstances, the accused was convicted (i.e., ex delicto), because no final
could be properly imposed under the rules of the said judgment of conviction was yet rendered by the time of his
Code, and the minimum which shall be within the range of death. Only civil liability predicated on a source of
the penalty next lower to that prescribed by the Code for obligation other than the delict survived the death of the
the offense; and if the offense is punished by any other law, accused, which the offended party can recover by means of
the court shall sentence the accused to an indeterminate a separate civil action
sentence, the maximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not be
less than the minimum term prescribed by the same. G.R. No. 173822. October 13, 2010
The straight penalty the CA imposed was contrary to the It is a basic rule of appellate adjudication in this jurisdiction
Indeterminate Sentence Law, whose Section 1 requires that that the trial judge's evaluation of the credibility of a
the penalty of imprisonment should be an indeterminate witness and of the witness' testimony is accorded the
sentence. The imposition of an indeterminate sentence highest respect because the trial judge's unique
with maximum and minimum periods in criminal cases not opportunity to observe directly the demeanor of the
excepted from the coverage of the Indeterminate Sentence witness enables him to determine whether the witness is
Law pursuant to its Section 2 is mandatory, viz.: telling the truth or not. Such evaluation, when afrmed by
the CA, is binding on the Court unless facts or
The need for specifying the minimum and maximum circumstances of weight have been overlooked,
periods of the indeterminate sentence is to prevent the misapprehended, or misinterpreted that, if considered,
unnecessary and excessive deprivation of liberty and to would materially affect the disposition of the case. We thus
enhance the economic usefulness of the accused, since he apply the rule, considering that the petitioners have not
may be exempted from serving the entire sentence, called attention to and proved any overlooked,
depending upon his behavior and his physical, mental, and misapprehended, or misinterpreted circumstance.
moral record. The requirement of imposing an Fortifying the application of the rule is that Mirandilla's
indeterminate The requirement of imposing an positive declarations on the identities of the assailants
indeterminate sentence in all criminal offenses whether prevailed over the petitioners' denials and alibi.
punishable by the sentence in all criminal offenses whether
punishable by the Revised Penal Code or by special laws,
with definite minimum and maximum or by special laws, G.R. No. 173822. October 13, 2010
with definite minimum and maximum terms, as the Court
deems proper within the legal range of the penalty terms, Under the law, a conspiracy exists when two or more
as the Court deems proper within the legal range of the persons come to an agreement concerning the commission
penalty specified by the law must, therefore, be deemed of a felony a n d decide to commit it. Yet, the State did not
mandatory. have to prove the petitioners' previous agreement to
commit the murder, because their conspiracy was deduced
from the mode and manner in which they had perpetrated
G.R. No. 171268. September 14, 2010 their criminal act. They had acted in concert in assaulting
Llona, with their individual acts manifesting a community of
By letter of the Chief Superintendent of the New Bilibid purpose and design to achieve their evil end. As it is, all the
Prison, submitted the death certificate of the accused. conspirators in a crime are liable as co-principals. Thus,
Under the foregoing circumstances, the death of the they cannot now successfully assail their conviction as co-
accused during the pendency of his appeal in this Court principals in murder.
totally extinguished his criminal liability. Such extinction is
based on Article 89 of the Revised Penal Code, which
pertinently provides: G.R. No. 173822. October 13, 2010
Art. 89. How criminal liability is totally extinguished. Murder is defined and punished by Article 248 of the RPC,
Criminal liability is totally extinguished: as amended by Republic Act No. 7659, which provides:
1. By the death of the convict, as to the personal penalties Art. 248.

and as to pecuniary penalties, liability therefor is
To have knowledge, you must first have reverence for the Lord. (Proverbs 1:7)
COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

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Murder . Any person who, not falling within the Such manner constituted a deliberate adoption of a
provisions of Article 246 shall kill another, shall be guilty of method of attack that ensured their unhampered execution
murder and shall be punished by reclusion temporal in its of the crime.
maximum period to death, if committed with any of the
following attendant circumstances:
G.R. No. 173822. October 13, 2010
1. With treachery, taking advantage of superior strength,
with the aid of armed men, or employing means to weaken Reclusion perpetua was not the correct penalty for MMM
the defense or of means or persons to insure or afford due to his being a minor over 15 but under 18 years of age.
impunity.
The foregoing showing of MMM's minority was legally
2. In consideration of a price, reward, or promise. sufficient, for it conformed with the norms subsequently
set under Section 7 of Republic Act No. 9344, also known as
3. By means of inundation, fire, poison, explosion, the Juvenile Justice and Welfare Act of 2006, viz.:
shipwreck, stranding of a vessel, derailment or assault upon
a street car or locomotive, fall of an airship, by means of SEC. 7. Determination of Age. - The child in conflict with the
motor vehicles, or with the use of any other means law shall enjoy the presumption of minority. He/She shall
involving great waste and ruin. enjoy all the rights of a child in conflict with the law until
he/she is proven to be eighteen (18) years old or older. The
4. On occasion of any of the calamities enumerated in the age of a child may be determined from the child's birth
preceding paragraph, or of an earthquake, eruption of a certificate, baptismal certificate or any other pertinent
volcano, destructive cyclone, epidemic or other public documents. In the absence of these documents, age may
calamity. be based on information from the child himself/herself,
testimonies of other persons, the physical appearance of
5. With evident premeditation. the child and other relevant evidence. In case of doubt as to
the age of the child, it shall be resolved in his/her favor.
6. With cruelty, by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at his Any person contesting the age of the child in conflict with
person or corpse. the law prior to the filing of the information in any
appropriate court may file a case in a summary proceeding
for the determination of age before the Family Court which
G.R. No. 173822. October 13, 2010 shall decide the case within twenty-four (24) hours from
receipt of the appropriate pleadings of all interested
There is treachery when the offender commits any of the parties.
crimes against the person, employing means, methods or
forms in the execution thereof which tend directly and If a case has been fiied against the child in conflict with the
specially to insure its execution, without risk to himself law and is pending in the appropriate court, the person
arising from the defense which offended party might make. shall file a motion to determine the age of the child in the
For treachery to be attendant, the means, method, or form same court where the case is pending. Pending hearing on
of execution must be deliberated upon or consciously the said motion, proceedings on the main case shall be
adopted by the offenders. Moreover, treachery must be suspended.
present and seen by the witness right at the inception of
the attack. In all proceedings, law enforcement officers, prosecutors,
judges and other government officials concerned shall exert
The CA held that MMM's testimonial narrative "sufficiently all efforts at determining the age of the child in conflict
established that treachery attended the attack o[n] the with the law.
victim" because AAA's shooting the victim at the latter's
back had been intended to ensure the execution of the Pursuant to Article 68 (2) of the RPC, 34 34 when the
crime; and that AAA and MMM's conspiracy to kill the offender is over 15 and under 18 years of age, the penalty
victim was proved by their presence at the scene of the next lower than that prescribed by law is imposed. Based
crime each armed with a handgun that they had red except on Article 61 (2) of the RPC, reclusion temporal is the
that MMM's handgun did not fire. penalty next lower than reclusion perpetua to death.
Applying the Indeterminate Sentence Law and Article 64 of
We concur with the CA on the attendance of treachery. The the RPC, therefore, the range of the penalty of
petitioners mounted their deadly assault with suddenness imprisonment imposable on MMM was prision mayor in
and without the victim being aware of its imminence. any of its periods, as the minimum period, to reclusion
Neither an altercation between the victim and the temporal in its medium period, as the maximum period.
assailants had preceded the assault, nor had the victim Accordingly, his proper indeterminate penalty is from six
provoked the assault in the slightest. The assailants had years and one day of prision mayor, as the minimum
designed their assault to be swift and unexpected, in order period, to 14 years, eight months, and one day of reclusion
to deprive their victim of the opportunity to defend himself. temporal, as the maximum period.

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strength of his own evidence, not on the weakness of that

MMM has been detained for over 16 years, that is, from of the Prosecution, for, even if the Prosecution's evidence is
the time of his arrest on May 18, 1994 until the present. weak, it cannot be disbelieved in view of the accused's
Given that the entire period of Monreal's detention should admission of the killing.
be credited in the service of his sentence, pursuant to
Section 41 of Republic Act No. 9344, the revision of the
penalty now warrants his immediate release from the G.R. No. 179709. July 6, 2010
penitentiary.
Alibi is an inherently weak and unreliable defense, because
it is easy to fabricate and difficult to disprove. To establish
G.R. No. 173822. October 13, 2010 alibi, the accused must prove: (a) that he was actually in
another place at the time of the perpetration of the crime;
The benefits in favor of children in conflict with the law as and (b) that it was physically impossible for him to be at the
granted under Republic Act No. 9344, which aims to scene of the crime when the crime was perpetrated.
promote the welfare of minor offenders through programs Physical impossibility refers to the distance between the
and services, such as delinquency prevention, intervention, place where the accused was when the crime transpired
diversion, rehabilitation and re-integration, geared towards and the place where the crime was committed, as well as to
their development, are retroactively applied to Monreal as the facility of access between the two places.
a convict serving his sentence. Its Section 68 expressly so
provides:
G.R. No. 179709. July 6, 2010
SEC. 68. Children Who Have Been Convicted and are
Serving Sentence. - Persons who have been convicted and The Civil Code provides that exemplary damages may be
are serving sentence at the time of the effectivity of this imposed in criminal cases as part of the civil liability "when
Act, and who were below the age of eighteen (18) years at the crime was committed with one or more aggravating
the time the commission of the offense for which they circumstances." The Civil Code allows such damages to be
were convicted and are serving sentence, shall likewise awarded "by way of example or correction for the public
benefit from the retroactive application of this Act. They good, in addition to the moral, temperate, liquidated or
shall be entitled to appropriate dispositions provided under compensatory damages."
this Act and their sentences shall be adjusted accordingly.
They shall be immediately released if they are so qualified Unlike the criminal liability which is basically a State
under this Act or other applicable law. concern, the award of damages, however, is likewise, if not
primarily, intended for the offended party who suffers
thereby. It would make little sense for an award of
G.R. No. 179709. July 6, 2010 exemplary damages to be due the private offended party
when the aggravating circumstance is ordinary but to be
withheld when it is qualifying. Withal, the ordinary or
The essential elements of self-defense are: ( a ) unlawful qualifying nature of an aggravating circumstance is a
aggression; ( b ) reasonable necessity of the means distinction that should only be of consequence to the
employed to prevent or repel it; and ( c ) lack of sufficient criminal, rather than to the civil, liability of the offender.
provocation on the part of the person defending himself.
In fine, relative to the civil aspect of the case, an
By invoking self-defense, the accused must prove by clear aggravating circumstance, whether ordinary or qualifying,
and convincing evidence the elements of self-defense. The should entitle the offended party to an award of exemplary
rule consistently adhered to in this jurisdiction is that when damages within the unbridled meaning of Article 2230 of
the accused admitted that he was the author of the death the Civil Code Civil Code.
of the victim and his defense was anchored on self-defense,
it becomes incumbent upon him to prove the justifying
circumstance to the satisfaction of the court. The rationale G.R. Nos. 177105-06. August 4, 2010
for this requirement is that the accused, having admitted
the felonious wounding or killing of his adversary, is to be RA 3019 was enacted to repress certain acts of public
held criminally liable for the crime unless he establishes to officers and private persons alike that constitute graft or
the satisfaction of the court the fact of self-defense. corrupt practices or may lead thereto. The law enumerates
the punishable acts or omissions and provides their
Thereby, however, the burden to prove guilt beyond corresponding penalties. Section 3 (e) of RA 3019, under
reasonable doubt is not lifted from the shoulders of the which petitioner was charged and found guilty, relevantly
State, which carries it until the end of the proceedings. In provides:
other words, only the onus probandi has shifted to him,
because self-defense is an affirmative allegation that must
be established with certainty by sufficient and satisfactory Section 3. Corrupt practices of public officers. In addition to
proof. He must now discharge the burden by relying on the acts or omissions of public officers already penalized by

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existing law, the following shall constitute corrupt practices Art. 13. Mitigating circumstances. The following are
of any public officer and are hereby declared to be mitigating circumstances;
unlawful:
2. That the offender is under eighteen year of age or over
xxx xxx xxx seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provisions of Art.
80.
(e) Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted The Sandiganbayan thereby erred. The mitigating
benefits, advantage or preference in the discharge of his circumstance of old age under Article 13 (2) of the Revised
official administrative or judicial functions through manifest Penal Code applied only when the offender was over 70
partiality, evident bad faith or gross inexcusable negligence. years at the time of the commission of the offense. The
This provision shall apply to officers and employees of petitioner, being only 63 years old when he committed the
offices or government corporations charged with the grant offenses charged, was not entitled to such mitigating
of licenses or permits or other concessions. circumstance.
xxx xxx xxx

G.R. Nos. 177105-06. August 4, 2010
The essential elements of the offense under Section 3 (e)
are the following: Under Section 9 of RA 3019, the penalty for violation of
Section 3 (e) of RA 3019 is imprisonment for not less than
1. The accused must be a public officer discharging six years and one month nor more than 15 years, and
administrative, judicial, or official functions; perpetual disqualification from public office. Pursuant to
Section 1 of the Indeterminate Sentence Law, if the offense
2. He must have acted with manifest partiality, evident bad is punished by a special law, the accused is punished with
faith, or gross inexcusable negligence; and an indeterminate sentence the maximum of which does not
exceed the maximum fixed by the law violated, and the
3. His action caused any undue injury to any party, including minimum is not less than the minimum term prescribed by
the Government, or gave any private party unwarranted the law violated.
benefits, advantage, or preference in the discharge of his
functions
G.R. No. 172606
G.R. Nos. 177105-06. August 4, 2010 By pleading self-defense, an accused admits the killing, and
thereby assumes the burden to establish his plea of self-
Article 241 of the Revised Penal Code states: defense by credible, clear and convincing evidence;
otherwise, his conviction will follow from his admission of
Art. 241. Usurpation of judicial functions. The penalty of killing the victim. Self-defense cannot be justifiably
arresto mayor in its medium period to prision correccional appreciated when it is uncorroborated by independent and
in its minimum period and shall be imposed upon any competent evidence or when it is extremely doubtful by
officer of the executive branch of the Government who itself. Indeed, the accused must discharge the burden of
shall assume judicial powers or shall obstruct the execution proof by relying on the strength of his own evidence, not on
of any order or decision rendered by any judge within its the weakness of the State's evidence, because the
jurisdiction. existence of self-defense is a separate issue from the
existence of the crime, and establishing self-defense does
In usurpation of judicial function, the accused, who is not a not require or involve the negation of any of the elements
judge, attempts to perform an act the authority for which of the offense itself.
the law has vested only in a judge. However, the
petitioner's task as Provincial Adjudicator when he To escape liability, the accused must show by sufficient,
rendered judgment in DARAB Case No. 034 was to satisfactory and convincing evidence that:
adjudicate the claims of the opposing parties. As such, he (a) the victim committed unlawful aggression amounting to
performed a quasi-judicial function, closely akin to the an actual or imminent threat to the life and limb of the
function of a judge of a court of law. He could not be held accused claiming self-defense;
liable under Article 241 of the Revised Penal Code, (b ) there was reasonable necessity in the means employed
therefore, considering that the acts constitutive of to prevent or repel the unlawful aggression; and
usurpation of judicial function were lacking herein. (c) there was lack of sufficient provocation on the part of
the accused claiming self-defense or at least any
provocation executed by the accused claiming self-defense
G.R. Nos. 177105-06. August 4, 2010 was not the proximate and immediate cause of the victim's
aggression.

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aggressor, without the slightest provocation on the part of

G.R. No. 172606 the victim. What is decisive is that the execution of the
attack made it impossible for the victim to defend himself
Unlawful aggression on the part of the victim is the or to retaliate.
primordial element of the justifying circumstance of self-
defense. Without unlawful aggression, there can be no Treachery may also be appreciated when the victim,
justified killing in defense of oneself. The test for the although warned of the danger to his life, is defenseless
presence of unlawful aggression under the circumstances is and unable to flee at the time of the infliction of the coup
whether the aggression from the victim put in real peril the de grace.
life or personal safety of the person defending himself; the
peril must not be an imagined or imaginary threat.
G.R. No. 164457
Accordingly, the accused must establish the concurrence of
three elements of unlawful aggression, namely: Article 315. Swindling (estafa). Any person who shall
(a) there must be a physical or material attack or assault; defraud another by any of the means mentioned
(b) the attack or assault must be actual, or, at least, hereinbelow shall be punished by:
imminent; and
(c) the attack or assault must be unlawful. xxx
4th. By arresto mayor in its maximum period, if such
Unlawful aggression is of two kinds: (a) actual or material amount does not exceed 200 pesos, provided that in the
unlawful aggression; and (b) imminent unlawful aggression. four cases mentioned, the fraud be committed by any of
the following means:
Actual or material unlawful aggression means an attack xxx
with physical force or with a weapon, an offensive act that 1. With unfaithfulness or abuse of confidence, namely:
positively determines the intent of the aggressor to cause xxx
the injury. Imminent unlawful aggression means an attack (b) By misappropriating or converting, to the prejudice of
that is impending or at the point of happening; it must not another, money, goods, or any other personal property
consist in a mere threatening attitude, nor must it be received by the offender in trust or on commission, or for
merely imaginary, but must be offensive and positively administration, or under any other obligation involving the
strong (like aiming a revolver at another with intent to duty to make delivery of or to return the same, even
shoot or opening a knife and making a motion as if to though such obligation be totally or partially guaranteed by
attack). Imminent unlawful aggression must not be a mere a bond; or by denying having received such money, goods,
threatening attitude of the victim, such as pressing his right or other property.
hand to his hip where a revolver was holstered,
accompanied by an angry countenance, or like aiming to
throw a pot. G.R. No. 164457
Nugas did not credibly establish that Glen had first punched The elements of the offense charged were as follows:
him and then reached for his clutch bag on the dashboard, (a) That the offender received money, goods or other
making Nugas believe that he had a gun there. For one, as personal property in trust, or on commission, or for
the CA pointed out, Nugas admitted not actually seeing if administration, or under any other obligation involving the
Glen had a gun in his clutch bag. And, secondly, the CA duty to make delivery of, or to return, the same;
correctly found and declared Nugas' testimony about Glen (b) That the offender misappropriated or converted such
punching him to be improbable. money, goods or other personal property, or denied his
part in its receipt;
(c) That the misappropriation or conversion or denial was
G.R. No. 172606 to the prejudice of another; and
(d) That the offended party made a demand on the
Treachery is present when two conditions concur, namely: offender for the delivery or return of such money, goods or
(a) that the means, methods and forms of execution other personal property.
employed gave the person attacked no opportunity to
defend himself or to retaliate; and (b) that such means,
methods and forms of execution were deliberately and G.R. No. 164457
consciously adopted by the accused without danger to his
person. It would seem that the accused is of the idea that because
the crime charged in the [i]nformation is merely [e]stafa
The essence of treachery lies in the attack that comes and not [e]stafa [t]hru [f]alsification of documents, the
without warning, and the attack is swift, deliberate and prosecution could not prove falsification. Such
unexpected, and affords the hapless, unarmed and argumentation is not correct. Since the information charges
unsuspecting victim no chance to resist or escape, thereby accused only of misappropriation pursuant to Art. 315, par.
ensuring its accomplishment without the risk to the (1b) of the Revised [P]enal Code, the Court holds that there

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is no necessity of alleging the falsification in the Information

as it is not an element of the crime charged.
G.R. No. 169084
Distinction should be made as to when the crimes of Estafa
and Falsification will constitute as one complex crime and Unlawful aggression is of two kinds:
when they are considered as two separate offenses. The (a) actual or material unlawful aggression; and
complex crime of Estafa Through Falsification of Documents (b) imminent unlawful aggression.
is committed when one has to falsify certain documents to
be able to obtain money or goods from another person. In Actual or material unlawful aggression means an attack
other words, the falsification is a necessary means of with physical force or with a weapon, an offensive act that
committing estafa. However, if the falsification is positively determines the intent of the aggressor to cause
committed to conceal the misappropriation, two separate the injury. Imminent unlawful aggression means an attack
offenses of estafa and falsification are committed. In the that is impending or at the point of happening; it must not
instant case, when accused collected payments from the consist in a mere threatening attitude, nor must it be
customers, said collection which was in her possession was merely imaginary, but must be offensive and positively
at her disposal. The falsified or erroneous entries which she strong (like aiming a revolver at another with intent to
made on the duplicate copies of the receipts were shoot or opening a knife and making a motion as if to
contrived to conceal some amount of her collection which attack). Imminent unlawful aggression must not be a mere
she did not remit to the company. threatening attitude of the victim, such as pressing his right
hand to his hip where a revolver was holstered,
accompanied by an angry countenance, or like aiming to
G.R. No. 167057 throw a pot.
In a prosecution for possession of illegal substances, proof

of animus possidendi on the part of the accused is G.R. No. 169084
indispensable. But animus possidendi is a state of mind, and
is thus to be determined on a case-to-case basis by taking Conspiracy exists when two or more persons come to an
into consideration the prior and contemporaneous acts of agreement concerning the commission of a felony and
the accused, as well as the surrounding circumstances. It decide to commit it.
may and must be inferred usually from the attendant
events in each particular case. Upo the States p ese ti g Conspiracy is either express or implied. Thus, the State does
to the trial court of the facts and circumstances from which not always have to prove the actual agreement to commit
to infer the existence of animus possidendi, it becomes the crime in order to establish conspiracy, for it is enough
incumbent upon the Defense to rebut the inference with to show that the accused acted in concert to achieve a
evidence that the accused did not exercise power and common purpose. Conspiracy may be deduced from the
control of the illicit thing in question, and did not intend to mode and manner of the commission of the offense, or
do so. For that purpose, a mere unfounded assertion of the from the acts of the accused before, during and after the
accused that he did not know that he had possession of the commission of the crime indubitably pointing to a joint
illegal drug is insufficient, and animus possidendi is then purpose, a concert of action and a community of interest.
presumed to exist on his part because he was thereby
shown to have performed an act that the law prohibited Where the acts of the accused collectively and individually
and punished. demonstrate the existence of a common design towards
the accomplishment of the same unlawful purpose,
conspiracy is evident, and all the perpetrators will be liable
G.R. No. 169084 as principals. Once a conspiracy is established, each co-
conspirator is as criminally liable as the others, for the act
The requisites of defense of strangers are, namely: of one is the act of all. A co-conspirator does not have to
(a) unlawful aggression by the victim; participate in every detail of the execution; neither does he
(b) reasonable necessity of the means to prevent or repel it; have to know the exact part performed by the co-
and conspirator in the execution of the criminal act.
(c) the person defending be not induced by revenge,
resentment, or other evil motive.
G.R. No. 169084
Abuse of superior strength is an aggravating circumstance
G.R. No. 169084 that qualifies the killing of a person to murder. It is present
if the accused purposely uses excessive force out of
In self-defense and defense of strangers, unlawful proportion to the means of defense available to the person
aggression is a primordial element, a condition sine qua attacked, or if there is notorious inequality of forces
non. If no unlawful aggression attributed to the victim is between the victim and aggressor, and the latter takes
established, self-defense and defense of strangers are advantage of superior strength. Superiority in strength may
unavailing, because there would be nothing to repel. refer to the number of aggressors and weapons used.

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It cannot be disputed that DDD had animus possidendi. His

A gross disparity of forces existed between the accused and conduct prior to and following his apprehension evinced his
the victims. Not only did the six accused outnumber the guilty knowledge of the contents of the gift-wrapped box
three victims but the former were armed with bolos while as shabu. His uncorroborated story of having been
the latter were unarmed. The accused clearly used their summoned to help in the cleaning of Unit 6 was a sham
superiority in number and arms to ensure the killing of the excuse that he peddled to explain his presence in the S
victims. Abuse of superior strength is attendant if the Condominium. His explanation was useless, however,
accused took advantage of their superiority in number and because he was no longer employed as a janitor of the S
their being armed with bolos. Accordingly, the crimes Condominium at the time of his arrest after being already
committed were three counts of murder. terminated from employment. Correlatively, his willingness
to run for WWW the errand of delivering the gift-wrapped
box to the unnamed person near the Jollibee extension
G.R. No. 169084 branch proved that he was serving as a courier of shabu.
Besides, his guilty knowledge was confirmed by his
In order that voluntary surrender is appreciated as a unreasonable refusal to exit from Unit 6 despite the
mitigating circumstance, the following requisites must demand of the NBI agents to do so, and by his stealthy
concur: (a) the accused has not been actually arrested; (b) transfer to the adjoining Unit 7. Had he been truly innocent,
the accused surrenders himself to a person in authority or he would have voluntarily cooperated with the NBI agents
the latte s age t; a d c) surrender is voluntary. instead of attempting to escape from them.
The third requisite requires the surrender to be

spontaneous, indicating the intent of the accused to G.R. No. 173474
unconditionally submit himself to the authorities, either
because he acknowledges his guilt or he wishes to save The elements of illegal possession of marijuana under
them the trouble and expenses necessary for his search and Republic Act No. 6425, as amended, are that:
capture. (a) the accused is in possession of an item or object that is
identified to be marijuana, a prohibited drug;
Although HHH went to Barangay Chairman AAA after the (b) such possession is not authorized by law; and
killings, he did so to seek protection against the retaliation (c) the accused freely and consciously possessed the said
of the i ti s elati es, ot to ad it his pa ti ipatio i the drug.
killing of the victims. Even then, HHH denied any
involvement in the killings when the police went to take What must be proved beyond reasonable doubt is the fact
him from Chairman AAAs house. As such, HHH did not of possession of the prohibited drug itself. This may be
unconditionally submit himself to the authorities in order to done by presenting the police officer who actually
acknowledge his participation in the killings or in order to recovered the prohibited drugs as a witness, being the
save the authorities the trouble and expense for his arrest. person who has the direct knowledge of the possession.
G.R. No. 170839

G.R. No. 173474
In a prosecution for possession of illegal substances, proof
of animus possidendi on the part of the accused is The Prosecution failed to establish the identity of the
indispensable. But animus possidendi is a state of mind, and prohibited drug that constituted the corpus delicti itself.
is thus to be determined on a case-to-case basis by taking The omission naturally raises grave doubt about any search
into consideration the prior and contemporaneous acts of being actually conducted and warrants the suspicion that
the accused, as well as the surrounding circumstances. It the prohibited drugs were planted evidence.
may and must be inferred usually from the attendant
events in each particular case. In every criminal prosecution for possession of illegal drugs,
the Prosecution must account for the custody of the
Upo the States p ese ti g to the t ial ou t of the fa ts incriminating evidence from the moment of seizure and
and circumstances from which to infer the existence confiscation until the moment it is offered in evidence. That
of animus possidendi, it becomes incumbent upon the account goes to the weight of evidence. It is not enough
Defense to rebut the inference with evidence that the that the evidence offered has probative value on the issues,
accused did not exercise power and control of the illicit for the evidence must also be sufficiently connected to and
thing in question, and did not intend to do so. For that tied with the facts in issue. The evidence is not relevant
purpose, a mere unfounded assertion of the accused that merely because it is available but that it has an actual
he did not know that he had possession of the illegal drug is connection with the transaction involved and with the
insufficient, and animus possidendi is then presumed to parties thereto. This is the reason why authentication and
exist on his part because he was thereby shown to have laying a foundation for the introduction of evidence are
performed an act that the law prohibited and punished. important.

8
G.R. No. 173474 While testimony about a perfect chain is not always the
standard because it is almost always impossible to obtain,
The chain-of-custody requirement ensures that all doubts an unbroken chain of custody becomes indispensable and
concerning the identity of the evidence are removed. The essential when the item of real evidence is not distinctive
requirement has come to be associated with prosecutions and is not readily identifiable, or when its condition at the
for violations of Republic Act No. 9165 (Comprehensive time of testing or trial is critical, or when a witness has
Drugs Act of 2002), by reason of Section 21 of Republic Act failed to observe its uniqueness. The same standard
No. 9165 expressly regulating the actual custody and likewise obtains in case the evidence is susceptible to
disposition of confiscated and surrendered dangerous alteration, tampering, contamination and even substitution
drugs, controlled precursors, essential chemicals, a d e ha ge. I othe o ds, the e hi its le el of
instruments, paraphernalia, and laboratory equipment. susceptibility to fungibility, alteration or tampering
Section 21(a) of the Implementing Rules and Regulations of without regard to whether the same is advertent or
Republic Act No. 9165 issued by the Dangerous Drugs otherwise notdictates the level of strictness in the
Board pursuant to its mandate under Section 94 of Republic application of the chain of custody rule.
Act No. 9165 reiterates the requirement, stating:
xxx G.R. No. 173794
(a) The apprehending officer/team having initial custody Section 21 of Republic Act No. 9165 provides the procedure
and control of the drugs shall, immediately after seizure to be followed in the seizure and custody of prohibited
and confiscation, physically inventory and photograph the drugs, to wit:
same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or Section 21. Custody and Disposition of Confiscated, Seized,
his/her representative or counsel, a representative from and/or Surrendered Dangerous Drugs, Plant Sources of
the media and the Department of Justice (DOJ), and any Dangerous Drugs, Controlled Precursors and Essential
elected public official who shall be required to sign the Chemicals, Instruments/Paraphernalia and/or Laboratory
copies of the inventory and be given a copy thereof: Equipment. The PDEA shall take ha ge a d ha e ustod
Provided, that the physical inventory and photograph shall of all dangerous drugs, plant sources of dangerous drugs,
be conducted at the place where the search warrant is controlled precursors and essential chemicals, as well as
served; or at the nearest police station or at the nearest instruments/paraphernalia and/or laboratory equipment so
office of the apprehending officer/team, whichever is confiscated, seized and/or surrendered, for proper
practicable, in case of warrantless seizures; Provided, disposition in the following manner:
further that non-compliance with these requirements (1) The apprehending team having initial custody and
under justifiable grounds, as long as the integrity and the control of the drugs shall, immediately after seizure and
evidentiary value of the seized items are properly preserved confiscation, physically inventory and photograph the same
by the apprehending officer/team, shall not render void in the presence of the accused or the person/s from whom
and invalid such seizures of and custody over said items. such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media
and the Department of Justice (DOJ), and any elected public
G.R. No. 173474 official who shall be required to sign the copies of the
inventory and be given a copy thereof;
The chain of custody is essential in establishing the link xxx
between the article confiscated from the accused to the The provisions of Article II, Section 21(a) of the
evidence that is ultimately presented to the court for its Implementing Rules and Regulations (IRR) of Republic Act
appreciation. No. 9165 provide:
xxx
As a method of authenticating evidence, the chain of (a) The apprehending office/team having initial custody and
custody rule requires that the admission of an exhibit be control of the drugs shall, immediately after seizure and
preceded by evidence sufficient to support a finding that confiscation, physically inventory and photograph the same
the matter in question is what the proponent claims it to in the presence of the accused or the person/s from whom
be. It would include testimony about every link in the chain, such items were confiscated and/or seized, or his/her
from the moment the item was picked up to the time it is representative or counsel, a representative from the media
offered into evidence, in such a way that every person who and the Department of Justice (DOJ), and any elected public
touched the exhibit would describe how and from whom it official who shall be required to sign the copies of the
was received, where it was and what happened to it while inventory and be given a copy thereof: Provided, that the
i the it ess possessio , the o ditio i hi h it as physical inventory and photograph shall be conducted at
received and the condition in which it was delivered to the the place where the search warrant is served; or at the
next link in the chain. These witnesses would then describe nearest police station or at the nearest office of the
the precautions taken to ensure that there had been no apprehending officer/team, whichever is practicable, in
change in the condition of the item and no opportunity for case of warrantless seizures; Provided, further that non-
someone not in the chain to have possession of the same. compliance with these requirements under justifiable

9
grounds, as long as the integrity and the evidentiary value for the crime in the interest of affording the accused
of the seized items are properly preserved by the sufficient notice to defend himself.
apprehending officer/team, shall not render void and
invalid such seizures of and custody over said items;
G.R. No. 175924
G.R. No. 173794 Article 266-D. Presumptions. - Any physical overt act
manifesting resistance against the act of rape in any degree
It is crucial in ensuring the integrity of the chain of custody, from the offended party, or where the offended party is so
which is defined in Section 1(b) of Dangerous Drugs Board situated as to render her/him incapable of giving valid
Regulation No. 1, Series of 2002, thus: consent, may be accepted as evidence in the prosecution of
the acts punished under Article 266-A.
b. "Chain of Custody" means the duly recorded authorized
movements and custody of seized drugs or controlled
chemicals or plant sources of dangerous drugs or G.R. No. 177320
laboratory equipment of each stage, from the time of
seizure/confiscation to receipt in the forensic laboratory to To secure a conviction for illegal sale of shabu, the
safekeeping to presentation in court for destruction. Such following essential elements must be established:
record of movements and custody of seized item shall (a) the identities of the buyer and the seller, the object of
include the identity and signature of the person who held the sale, and the consideration; and
temporary custody of the seized item, the date and time (b) the delivery of the thing sold and the payment for the
when such transfer of custody were made in the course of thing.
safekeeping and use in court as evidence, and the final
disposition; What is material in prosecutions for illegal sale of shabu is
the proof that the transaction or sale actually took place,
coupled with the presentation in court of the corpus delicti
G.R. No. 173794 as evidence.
In a prosecution of the sale and possession of

methamphetamine hydrochloride prohibited under G.R. No. 177320
Republic Act No. 9165, the State not only carries the heavy
burden of proving the elements of the offense of, but also For illegal possession of a dangerous drug, like shabu, the
bears the obligation to prove the corpus delicti, failing in elements are:
which the State will not discharge its basic duty of proving
the guilt of the accused beyond reasonable doubt. It is (a) the accused is in possession of an item or object that is
settled that the State does not establish the corpus identified to be a prohibited or dangerous drug;
delictiwhen the prohibited substance subject of the (b) such possession is not authorized by law; and
prosecution is missing or when substantial gaps in the chain (c) the accused freely and consciously possessed the drug.
of custody of the prohibited substance raise grave doubts
about the authenticity of the prohibited substance
presented as evidence in court. Any gap renders the case G.R. No. 177320
for the State less than complete in terms of proving the
guilt of the accused beyond reasonable doubt. In drug-related prosecutions, the State bears the burden
not only of proving the elements of the offenses of sale and
possession of shabu under Republic Act No. 9165, but also
G.R. No. 175602 of proving the corpus delicti, the body of the crime.
Treachery is the employment of means, methods or forms "Corpus delicti has been defined as the body or substance
in the execution of any of the crimes against persons which of the crime and, in its primary sense, refers to the fact that
tend to directly and specially insure its execution, without a crime has been actually committed. As applied to a
risk to the offending party arising from the defense which particular offense, it means the actual commission by
the offended party might make. It encompasses a wide someone of the particular crime charged.
variety of actions and attendant circumstances, the
appreciation of which is particular to a crime committed. The corpus delicti is a compound fact made up of two (2)
Corollarily, the defense against the appreciation of a things, viz: the existence of a certain act or result forming
circumstance as aggravating or qualifying is also varied and the basis of the criminal charge, and the existence of a
dependent on each particular instance. Such variety criminal agency as the cause of this act or result."
generates the actual need for the state to specifically aver
the factual circumstances or particular acts that constitute The dangerous drug is itself the very corpus delicti of the
the criminal conduct or that qualify or aggravate the liability violation of the law prohibiting the possession of the
dangerous drug. Consequently, the State does not comply

10
with the indispensable requirement of proving corpus To hold a person liable under B.P. Blg. 22, the prosecution
delicti when the drug is missing, and when substantial gaps must not only establish that a check was issued and that
occur in the chain of custody of the seized drugs as to raise the same was subsequently dishonored, it must further be
doubts on the authenticity of the evidence presented in shown that accused knew at the time of the issuance of the
court. check that he did not have sufficient funds or credit with
the drawee bank for the payment of such check in full upon
its presentment.
G.R. No. 177320
This knowledge of insufficiency of funds or credit at the
Verily, defenses of frame-up and extortion are not looked time of the issuance of the check is the second element of
upon with favor due to their being conveniently concocted the offense. Inasmuch as this element involves a state of
and usually asserted by culprits arrested for violations of mind of the person making, drawing or issuing the check
Republic Act No. 9165. which is difficult to prove, Section 2 of B.P. Blg. 22 creates a
prima facie presumption of such knowledge. Said section
reads:
G.R. No. 177438
SEC. 2. Evidence of knowledge of insufficient funds. The
For a violation of Batas Pambansa Blg. 22, the Prosecution making, drawing and issuance of a check payment of which
must prove the following essential elements, namely: is refused by the drawee because of insufficient funds in or
(1) The making, drawing, and issuance of any check to apply credit with such bank, when presented within ninety (90)
for account or for value; days from the date of the check, shall be prima facie
(2) The knowledge of the maker, drawer, or issuer that at evidence of knowledge of such insufficiency of funds or
the time of issue there were no sufficient funds in or credit credit unless such maker or drawer pays the holder thereof
with the drawee bank for the payment of such check in full the amount due thereon, or makes arrangements for
upon its presentment; and payment in full by the drawee of such check within five (5)
(3) The dishonor of the check by the drawee bank for banking days after receiving notice that such check has not
insufficiency of funds or credit or the dishonor for the same been paid by the drawee.
reason had not the drawer, without any valid cause,
ordered the drawee bank to stop payment. For this presumption to arise, the prosecution must prove
the following:
G.R. No. 177438 (a) the check is presented within ninety (90) days from the
date of the check;
What Batas Pambansa Blg. 22 punished was the mere act of (b) the drawer or maker of the check receives notice that
issuing a worthless check. The law did not look either at the such check has not been paid by the drawee; and
actual ownership of the check or of the account against (c) the drawer or maker of the check fails to pay the holder
which it was made, drawn, or issued, or at the intention of of the check the amount due thereon, or make
the drawee, maker or issuer. Also, that the check was not arrangements for payment in full within five (5) banking
intended to be deposited was really of no consequence to days after receiving notice that such check has not been
her incurring criminal liability under Batas Pambansa Blg. paid by the drawee.
22.
The gravamen of the offense is the act of making and G.R. No. 177438
issuing a worthless check or any check that is dishonored
upon its presentment for payment and putting them in A notice of dishonor received by the maker or drawer of
circulation. The law includes all checks drawn against banks. the check is thus indispensable before a conviction can
The law was designed to prohibit and altogether eliminate ensue. The notice of dishonor may be sent by the offended
the deleterious and pernicious practice of issuing checks party or the drawee bank. The notice must be in writing. A
with insufficient or no credit or funds therefor. Such mere oral notice to pay a dishonored check will not suffice.
practice is deemed a public nuisance, a crime against public The lack of a written notice is fatal for the prosecution.
order to be abated. The mere act of issuing a worthless
check, either as a deposit, as a guarantee, or even as an
evidence of a pre-existing debt or as a mode of payment is G.R. No. 177743
covered by B.P. 22. It is a crime classified as malum
prohibitum. It is basic that once an accused in a prosecution for murder
or homicide admitted his infliction of the fatal injuries on
the deceased, he assumed the burden to prove by clear,
G.R. No. 177438 satisfactory and convincing evidence the justifying
circumstance that would avoid his criminal liability.
Having thus admitted being the author of the death of the
victim, Fontanilla came to bear the burden of proving the

11
justifying circumstance to the satisfaction of the court, and what was of utmost importance was the preservation of the
he would be held criminally liable unless he established integrity and the evidentiary value of the seized or
self-defense by sufficient and satisfactory proof. He should confiscated articles, considering that they were to be
discharge the burden by relying on the strength of his own utilized in the determination of the guilt or innocence of
evidence, because the Prosecutio s e ide e, e e if the accused.
weak, would not be disbelieved in view of his admission of
the killing. Nonetheless, the burden to prove guilt beyond
reasonable doubt remained with the State until the end of G.R. No. 181491
the proceedings.
Article 266-A. Rape, When and How Committed. Rape is
committed
G.R. No. 177743 1. By a man who shall have carnal knowledge of a woman
under any of the following circumstances:
The imposition of reclusion perpetua by the CA was a. Through force, threat or intimidation;
warranted under Article 248 of the Revised Penal Code, b. When the offended party is deprived of reason or is
which prescribes reclusion perpetua to death as the penalty otherwise unconscious;
for murder. Under the rules on the application of indivisible c. By means of fraudulent machination or grave abuse of
penalties in Article 63 of the Revised Penal Code, the lesser authority;
penalty of reclusion perpetua is imposed if there are d. When the offended party is under twelve (12) years of
neither mitigating nor aggravating circumstances. Yet, the age or is demented, even though none of the
Court points out that the RTC erroneously imposed circumstances mentioned above be present.
"RECLUSION PERPETUA TO DEATH" as the penalty. Such xxxx
imposition was bereft of legal justification, for reclusion
perpetua and death, being indivisible, should not be Article 266-B. Penalties. Rape under paragraph 1 of the
imposed as a compound, alternative or successive penalty next preceding article shall be punished by reclusion
for a single felony. In short, the imposition of one precluded perpetua.
the imposition of the other. xxxx
The death penalty shall also be imposed if the crime of rape
is committed with any of the following
G.R. No. 177780 aggravating/qualifying circumstances:
1. when the victim is under eighteen (18) years of age and
Estafa through falsification of public document the the offender is a parent, ascendant, step-parent, guardian,
elements of which are: relative by consanguinity or affinity within the third civil
(a) the accused uses a fictitious name, or falsely pretends to degree, or the common-law-spouse of the parent of the
possess power, influence, qualifications, property, credit, victim. x x x
agency, business or imaginary transactions, or employs xxxx
other similar deceits;
(b) such false pretense, fraudulent act or fraudulent means The elements of the offense charged are that:
must be made or executed prior to or simultaneously with (a) the victim is a female over 12 years but under 18 years
the commission of the fraud; of age;
(c) the offended party must have relied on the false (b) the offender is a parent, ascendant, step-parent,
pretense, fraudulent act or fraudulent means, that is, he guardian, relative by consanguinity or affinity within the
was induced to part with his money or property because of third civil degree, or the common-law spouse of the parent
the false pretense, fraudulent act or fraudulent means; and of the victim; and
(d) as a result thereof, the offended party suffered damage. (c) the offender has carnal knowledge of the victim either
through force, threat or intimidation; or when she is
It is required that the false statement or fraudulent deprived of reason or is otherwise unconscious; or by
representation constitutes the very cause or the only means of fraudulent machinations or grave abuse of
motive that induced the complainant to part with the thing. authority.
G.R. No. 180177 G.R. No. 181491
The non-compliance by the buy-bust team with Section 21, Rape is qualified and punished with death when committed
supra, was held not to be fatal for as long as there was the i ti s pa e t, as e da t, step-parent, guardian, or
justifiable ground for it, and for as long as the integrity and relative by consanguinity or affinity within the third civil
the evidentiary value of the confiscated or seized articles degree, or by the common-la spouse of the i ti s
were properly preserved by the apprehending officer or parent. However, an accused cannot be found guilty of
team. The Court further pronounced therein that such non- qualified rape unless the information alleges the
compliance would not rende a a useds a est illegal o i u sta es of the i ti s o e 12 years but under 18
the items seized or confiscated from him inadmissible, for years of age and her relationship with him. The reason is

12
that such circumstances alter the nature of the crime of G.R. No. 184926
rape and increase the penalty; hence, they are special
qualifying circumstances. As such, both the age of the The felony of rape with homicide is a composite crime. A
victim and her relationship with the offender must be composite crime, also known as a special complex crime, is
specifically alleged in the information and proven beyond composed of two or more crimes that the law treats as a
reasonable doubt during the trial; otherwise, the death single indivisible and unique offense for being the product
penalty cannot be imposed. of a single criminal impulse. It is a specific crime with a
specific penalty provided by law, and differs from a
compound or complex crime under Article 48 of the
G.R. No. 181491 Revised Penal Code.
The term "aggravating circumstances" used by the Civil

Code, the law not having specified otherwise, is to be G.R. No. 184926
understood in its broad or generic sense. The ordinary or
qualifying nature of an aggravating circumstance is a Article 48. Penalty for complex crimes. When a single act
distinction that should only be of consequence to the constitutes two or more grave or less grave felonies, or
criminal, rather than to the civil, liability of the offender. In when an offense is a necessary means for committing the
fine, relative to the civil aspect of the case, an aggravating other, the penalty for the most serious crime shall be
circumstance, whether ordinary or qualifying, should entitle imposed, the same to be applied in its maximum period.
the offended party to an award of exemplary damages There are distinctions between a composite crime, on the
within the unbridled meaning of Article 2230 of the Civil one hand, and a complex or compound crime under Article
Code. 48, supra, on the other hand. In a composite crime, the
composition of the offenses is fixed by law; in a complex or
compound crime, the combination of the offenses is not
G.R. No. 181544 specified but generalized, that is, grave and/or less grave,
or one offense being the necessary means to commit the
Hymenal injury has never been an element of rape, for a other. For a composite crime, the penalty for the specified
female might still be raped without such injury resulting. combination of crimes is specific; for a complex or
The essence of rape is carnal knowledge of a female either compound crime, the penalty is that corresponding to the
against her will (through force or intimidation) or without most serious offense, to be imposed in the maximum
her consent (where the female is deprived of reason or period. A light felony that accompanies a composite crime
otherwise unconscious, or is under 12 years of age, or is is absorbed; a light felony that accompanies the
demented). It is relevant to know that carnal knowledge is commission of a complex or compound crime may be the
simply the act of a man having sexual bodily connections subject of a separate information.
with a woman. Thus, although AAA testified on her sexual
penetration by TTT, the fact that her hymenal injury was
not fresh but already deep-healed was not incompatible G.R. No. 184926
with the evidence of rape by him.
The phrases by reason of the rape and on the occasion of
the rape are crucial in determining whether the crime is a
G.R. No. 182230 composite crime or a complex or compound crime. The
phrase by reason of the rape obviously conveys the notion
There must be proof beyond reasonable doubt of at least that the killing is due to the rape, the offense the offender
the introduction of the male organ into the labia of originally designed to commit. The victim of the rape is also
the pudendum of the female genital organ, which required the victim of the killing. The indivisibility of the homicide
some degree of penetration beyond the vulva in order to and the rape (attempted or consummated) is clear and
touch the labia majora or the labia minora. admits of no doubt. In contrast, the import of the phrase on
the occasion of the rape may not be as easy to determine.
To understand what homicide may be covered by the
G.R. No. 183100 phrase on the occasion of the rape, a resort to the meaning
the framers of the law intended to convey thereby is
Carnal knowledge as an element of rape does not require helpful. Indeed, during the floor deliberations of the Senate
penetration. Carnal knowledge is simply the act of a man on Republic Act No. 8353, the legislative intent on the
having sexual bodily connections with a woman.12 Indeed, import of the phrase on the occasion of the rape to refer to
all that is necessary for rape to be consummated is for the a killing that occurs immediately before or after, or during
penis of the accused to come into contact with the lips of the commission itself of the attempted or consummated
the pudendum of the victim. Hence, rape is consummated rape, where the victim of the homicide may be a person
once the penis of the accused touches either labia of other than the rape victim herself for as long as the killing is
the pudendum linked to the rape, became evident.

13
G.R. No. 189330 employment of such ways and means for the purpose of
trapping or capturing a lawbreaker. Thus, in instigation,
The presumption of regularity in the performance of duty officers of the law or their agents incite, induce, instigate or
could not prevail over the stronger presumption of lure an accused into committing an offense which he or she
innocence favoring the accused. Otherwise, the would otherwise not commit and has no intention of
constitutional guarantee of the accused being presumed committing. But in entrapment, the criminal intent or
innocent would be held subordinate to a mere rule of design to commit the offense charged originates in the
evidence allocating the burden of evidence. Where, like mind of the accused, and law enforcement officials merely
here, the proof adduced against the accused has not even facilitate the apprehension of the criminal by employing
overcome the presumption of innocence, the presumption ruses and schemes; thus, the accused cannot justify his or
of regularity in the performance of duty could not be a her conduct. In instigation, where law enforcers act as co-
factor to adjudge the accused guilty of the crime charged. principals, the accused will have to be acquitted. But
entrapment cannot bar prosecution and conviction. As has
been said, instigation is a "trap for the unwary innocent,"
while entrapment is a "trap for the unwary criminal."
G.R. No. 162826
Novation is not a ground under the law to extinguish G.R. No 191726

criminal liability. Article 89 (on total extinguishment) and
Article 94 (on partial extinguishment) of the Revised Penal As a general rule, a buy-bust operation, considered as a
Code list down the various grounds for the extinguishment form of entrapment, is a valid means of arresting violators
of criminal liability. Not being included in the list, novation of Republic Act No. 9165. It is an effective way of
is limited in its effect only to the civil aspect of the liability, apprehending law offenders in the act of committing a
and, for that reason, is not an efficient defense in estafa. crime. In a buy-bust operation, the idea to commit a crime
This is because only the State may validly waive the criminal originates from the offender, without anybody inducing or
action against an accused. The role of novation may only be prodding him to commit the offense.
either to prevent the rise of criminal liability, or to cast A poli e offi e s a t of soli iti g d ugs f o the a used
doubt on the true nature of the original basic transaction, during a buy-bust operation, or what is known as a "decoy
whether or not it was such that the breach of the obligation solicitation," is not prohibited by law and does not render
would not give rise to penal responsibility, as when money invalid the buy-bust operations. The sale of contraband is a
loaned is made to appear as a deposit, or other similar kind of offense habitually committed, and the solicitation
disguise is resorted to. si pl fu ishes e ide e of the i i als ou se of
conduct. In People v. Sta. Maria, the Court clarified that a
The novation theory may perhaps apply prior to the filing of "decoy solicitation" is not tantamount to inducement or
the criminal information in court by the state prosecutors instigation:
because up to that time the original trust relation may be It is no defense to the perpetrator of a crime that facilities
converted by the parties into an ordinary creditor-debtor for its commission were purposely placed in his way, or that
situation, thereby placing the complainant in estoppel to the criminal act was done at the "decoy solicitation" of
insist on the original trust. But after the justice authorities persons seeking to expose the criminal, or that detectives
have taken cognizance of the crime and instituted action in feigning complicity in the act were present and apparently
court, the offended party may no longer divest the assisting its commission. Especially is this true in that class
prosecution of its power to exact the criminal liability, as of cases where the office is one habitually committed, and
distinguished from the civil. The crime being an offense the solicitation merely furnishes evidence of a course of
against the state, only the latter can renounce it conduct.
It may be observed in this regard that novation is not one of

the means recognized by the Penal Code whereby criminal G.R. No 191726
liability can be extinguished; hence, the role of novation
may only be to either prevent the rise of criminal liability or The law deplores instigation or inducement, which occurs
to cast doubt on the true nature of the original basic when the police or its agent devises the idea of committing
transaction, whether or not it was such that its breach the crime and lures the accused into executing the offense.
would not give rise to penal responsibility, as when money Instigation absolves the accused of any guilt, given the
loaned is made to appear as a deposit, or other similar spontaneous moral repulsion from using the powers of
disguise is resorted to. government to beguile innocent but ductile persons into
lapses that they might otherwise resist.
G.R. No 191726
G.R. No. 157943
Instigation is the means by which the accused is lured into
the commission of the offense charged in order to Article 315, paragraph 2(d) of the Revised Penal Code, as
prosecute him. On the other hand, entrapment is the amended, provides:

14
Article 315. Swindling (estafa). Any person who shall facts upon which the criminal prosecution would be based,
defraud another by any of the means mentioned but also that the resolution of the issues raised in the civil
hereinbelow shall be punished by: action would be necessarily determinative of the guilt or
xxxx innocence of the accused.
2. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously with
the commission of the fraud: G.R. No. 169533
xxxx
(d) By postdating a check, or issuing a check in payment of Child abuse, the crime charged, is defined by Section 3 (b)
an obligation when the offender had no funds in the bank, of Republic Act No. 7610, as follows:
or his funds deposited therein were not sufficient to cover
the amount of the check. The failure of the drawer of the Section 3. Definition of terms. x x x x
check to deposit the amount necessary to cover his check
within three (3) days from receipt of notice from the bank (b) "Child Abuse" refers to the maltreatment, whether
and/or the payee or holder that said check has been habitual or not, of the child which includes any of the
dishonored for lack or insufficiency of funds shall be prima following:
facie evidence of deceit constituting false pretense or (1) Psychological and physical abuse, neglect, cruelty,
fraudulent act. sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or
In order to constitute estafa under this statutory provision, demeans the intrinsic worth and dignity of a child as a
the act of postdating or issuing a check in payment of an human being;
obligation must be the efficient cause of the defraudation. (3) Unreasonable deprivation of his basic needs for survival,
This means that the offender must be able to obtain money such as food and shelter; or
or property from the offended party by reason of the (4) Failure to immediately give medical treatment to an
issuance of the check, whether dated or postdated. In other injured child resulting in serious impairment of his growth
words, the Prosecution must show that the person to and development or in his permanent incapacity or death.
whom the check was delivered would not have parted with xxxx
his money or property were it not for the issuance of the
check by the offender.
G.R. No. 169533
G.R. No. 159823 Considering that JJJs ph si al i ju e ui ed fi e to se e

days of medical attention, the petitioner was liable for
A prejudicial question generally comes into play in a slight physical injuries under Article 266 (1) of the Revised
situation where a civil action and a criminal action are both Penal Code, to wit:
pending, and there exists in the former an issue that must
first be determined before the latter may proceed, because Article 266. Slight physical injuries and maltreatment.
howsoever the issue raised in the civil action is resolved The crime of slight physical injuries shall be punished:
would be determinative juris et de jure of the guilt or
innocence of the accused in the criminal case. The rationale 1. By arresto menor when the offender has inflicted
for the suspension on the ground of a prejudicial question physical injuries which shall incapacitate the offended party
is to avoid conflicting decisions. for labor from one to nine days, or shall require medical
attendance during the same period. x x x x
G.R. No. 159823

G.R. No. 169533
For a civil action to be considered prejudicial to a criminal
case as to cause the suspension of the criminal proceedings In imposing the correct penalty, however, we have to
until the final resolution of the civil, the following requisites consider the mitigating circumstance of passion or
must be present: (1) the civil case involves facts intimately obfuscation under Article 13 (6) of the Revised Penal Code,
related to those upon which the criminal prosecution would because the petitioner lost his reason and self-control,
be based; (2) in the resolution of the issue or issues raised thereby diminishing the exercise of his will power. Passion
in the civil action, the guilt or innocence of the accused or obfuscation may lawfully arise from causes existing only
would necessarily be determined; and (3) jurisdiction to try in the honest belief of the accused. It is relevant to
said question must be lodged in another tribunal. mention, too, that in passion or obfuscation, the offender
suffers a diminution of intelligence and intent. With his
If both civil and criminal cases have similar issues or the having acted under the belief that JJJ and RRR had thrown
issue in one is intimately related to the issues raised in the stones at his two minor daughters, and that JJJ had burned
other, then a prejudicial question would likely exist, CCCs hai , the petitio e as e titled to the itigati g
provided the other element or characteristic is satisfied. It circumstance of passion. Arresto menor is prescribed in its
must appear not only that the civil case involves the same minimum period (i.e., one day to 10 days) in the absence of

15
any aggravating circumstance that offset the mitigating

circumstance of passion. Accordingly, with the G.R. No. 170634
Indeterminate Sentence Law being inapplicable due to the
penalty imposed not exceeding one year, the petitioner Under Article 266-B of the Revised Penal Code, the death
shall suffer a straight penalty of 10 days of arresto menor. penalty is imposed if the rape is committed with the
attendance of any "aggravating/ qualifying circumstances."
One of such "aggravating/qualifying circumstances" is
G.R. No. 170634 "when the victim is under eighteen (18) years of age and
offender is a parent, ascendant, step-parent, guardian,
In reviewing rape convictions, the Court has been guided by relative by consanguinity or affinity within the third civil
three principles, namely: degree, or the common-law spouse of the parent of the
(a) that an accusation of rape can be made with facility; it is victim." Both minority and actual relationship must be
difficult for the complainant to prove but more difficult for alleged and proved; otherwise, conviction for rape in its
the accused, though innocent, to disprove; qualified form will be barred.
(b) that in view of the intrinsic nature of the crime of rape
as involving only two persons, the rapist and the victim, the To establish the age of the minor victim, either as an
testimony of the complainant must be scrutinized with element of the crime or as a qualifying circumstance, the
extreme caution; and Court has set the guidelines as follows:
(c) that the evidence for the Prosecution must stand or fall
on its own merits, and cannot be allowed to draw strength In order to remove any confusion that may be engendered
from the weakness of the evidence for the Defense. by the foregoing cases, we hereby set the following
guidelines in appreciating age, either as an element of the
crime or as a qualifying circumstance.
G.R. No. 170634
1. The best evidence to prove the age of the offended party
Ultimately and frequently, the resolution of the charge of is an original or certified true copy of the certificate of live
rape hinges on the credibilit of the i ti s testi o . The birth of such party.
Court has consistently relied on the assessment of such
credibility by the trial court, because the factual findings of 2. In the absence of a certificate of live birth, similar
the trial court, particularly those bearing on such authentic documents such as baptismal certificate and
assess e t, a e the p odu t of the t ial judges peculiar school records which show the date of birth of the victim
opportunity to observe the deportment and demeanor of would suffice to prove age.
the witnesses while they personally appear and testify
during the trial, as contrasted with the dependence by the 3. If the certificate of live birth or authentic document is
appellate courts on the mute pages of the records of the shown to have been lost or destroyed or otherwise
trial. unavailable, the testimony, if clear and credible, of the
i ti s othe o a e e of the fa il eithe affi it
or consanguinity who is qualified to testify on matters
G.R. No. 170634 respecting pedigree such as the exact age or date of birth
of the offended party pursuant to Section 40, Rule 130 of
Carnal knowledge of a female simply means a male having the Rules on Evidence shall be sufficient under the
bodily connections with a female. As such, the presence or following circumstances:
absence of injury or laceration in the genitalia of the victim a. If the victim is alleged to be below 3 years of age and
is not decisive of whether rape has been committed or not. what is sought to be proved is that she is less than 7 years
Such injury or laceration is material only if force or old;
intimidation is an element of the rape charged; otherwise, b. If the victim is alleged to be below 7 years of age and
it is merely circumstantial evidence of the commission of what is sought to be proved is that she is less than 12 years
the rape. old;
c. If the victim is alleged to be below 12 years of age and
what is sought to be proved is that she is less than 18 years
G.R. No. 170634 old.
Verily, a medical examination and a medical certificate, 4. In the absence of a certificate of live birth, authentic
albeit corroborative of the commission of rape, are not do u e t, o the testi o of the i ti s othe o
indispensable to a successful prosecution for rape. The elati es o e i g the i ti s age, the o plai a ts
accused may then be convicted solely on the basis of the testimony will suffice provided that it is expressly and
i ti s edi le, atu al a d o i i g testi o . This is clearly admitted by the accused.
no less true when the rape victim testifies against her own
father; unquestionably, there would be reason to give her 5. It is the prosecution that has the burden of proving the
testimony greater weight than usual. age of the offended party. The failure of the accused to

16
object to the testimonial evidence regarding age shall not

be taken against him.
G.R. Nos. 169823-24
6. The trial court should always make a categorical finding
as to the age of the victim. For crimes punishable by the Revised Penal Code, Article 91
thereof provides that prescription starts to run from the
day on which the crime is discovered by the offended party,
G.R. No. 173307 the authorities, or their agents.
During her examination of AAA, the doctor found

pa a aga s elli g o the i ti s la ia ajo a. The G.R. Nos. 169823-24
doctor opined that such swelling was possibly caused by
the insertion of a hard object, like a hard penis, or by The elements of corruption of public officials under Article
friction with hard objects even without removing the 212 of the Revised Penal Code are:
panties or pants of AAA. Although such medical finding, left 1. That the offender makes offers or promises, or gives gifts
alone, was susceptible of different probable or presents to a public officer; and
i te p etatio s, AAAs testi o ial a atio a out ho RRR 2. That the offers or promises are made or the gifts or
had sexually assaulted her, including how his penis had only presents are given to a public officer under circumstances
slightly penetrated her vagina, confirmed that he had carnal that will make the public officer liable for direct bribery or
knowledge of her. indirect bribery.
G.R. No. 175602 February 13, 2013 G.R. No. 159031
There being no circumstances modifying criminal liability, Any person who contracts a second marriage without first
the penalty is applied in its medium period (ie., 14 years, 8 having a judicial declaration of the nullity of his or her first
months and 1 day to 17 years and 4 months). Under marriage, albeit on its face void and inexistent for lack of a
the Indeterminate Sentence Law, the minimum of the marriage license, is guilty of bigamy as defined and
indeterminate sentence is taken from prision mayor, and penalized by Article 349 of the Revised Penal Code.
the maximum from the medium period of reclusion
temporal. Hence, the Court imposes the indeterminate
sentence of 10 years of prision mayor as minimum to 17 G.R. No. 159031
years of reclusion temporal as maximum for each count of
homicide. The law on bigamy is found in Article 349 of the Revised
Penal Code, which provides:
G.R. No. 175876 Article 349. Bigamy. The penalty of prision mayor shall
be imposed upon any person who shall contract a second
The elements of statutory rape are that: or subsequent marriage before the former marriage has
(a) the victim is a female under 12 years or is demented; been legally dissolved, or before the absent spouse has
and been declared presumptively dead by means of a judgment
(b) the offender has carnal knowledge of the victim. rendered in the proper proceedings.
Considering that the essence of statutory rape is carnal The elements of the crime of bigamy are as follows:
knowledge of a female without her consent, neither the use (1) that the offender has been legally married;
of force, threat or intimidation on the female, nor the (2) that the marriage has not been legally dissolved or, in
fe ales dep i ation of reason or being otherwise case his or her spouse is absent, the absent spouse could
unconscious, nor the employment on the female of not yet be presumed dead according to the Civil Code;
fraudulent machinations or grave abuse of authority is (3) that he or she contracts a second or subsequent
necessary to commit statutory rape. marriage; and (4) that the second or subsequent marriage
has all the essential requisites for validity.
G.R. No. 181753 This Court concedes that the marriage between accused-
appellant LLL and private complainant PPP was void
There can be no self-defense, whether complete or because of the absence of a marriage license or of an
incomplete, if no unlawful aggression from the victim is affidavit of cohabitation. The ratificatory religious wedding
established. In self-defense, unlawful aggression is a ceremony could not have validated the void marriage.
primordial element, a condition sine qua non. If no unlawful Neither can the church wedding be treated as a marriage in
aggression attributable to the victim is established, self- itself for to do so, all the essential and formal requisites of a
defense is not a defense, because there would then be valid marriage should be present. One of these requisites is
nothing to repel on the part of the accused.

17
a valid marriage license except in those instances when this G.R. No. 163753
requirement may be excused.
It is axiomatic that every person criminally liable for a
There having been no marriage license nor affidavit of felony is also civilly liable. Nevertheless, the acquittal of an
cohabitation presented to the priest who presided over the accused of the crime charged does not necessarily
religious rites, the religious wedding cannot be treated as a extinguish his civil liability.
valid marriage in itself. But then, as the law and
jurisprudence say, petitioner should have first secured a
judicial declaration of the nullity of his void marriage to G.R. No. 163753
private complainant PPP before marrying JJJ. Actually, he
did just that but after his marriage to JJJ. Consequently, he Our law recognizes two kinds of acquittal, with different
violated the law on bigamy. effects on the civil liability of the accused. First is an
acquittal on the ground that the accused is not the author
of the act or omission complained of. This instance closes
G.R. No. 159031 the door to civil liability, for a person who has been found
to be not the perpetrator of any act or omission cannot and
The first and second elements of bigamy were present in can never be held liable for such act or omission. There
view of the absence of a judicial declaration of nullity of being no delict, civil liability ex delicto is out of the
marriage between the accused and Socorro. The question, and the civil action, if any, which may be
requirement of securing a judicial declaration of nullity of instituted must be based on grounds other than the delict
marriage prior to contracting a subsequent marriage is complained of. This is the situation contemplated in Rule
found in Article 40 of the Family Code, to wit: 111 of the Rules of Court. The second instance is an
acquittal based on reasonable doubt on the guilt of the
Article 40. The absolute nullity of a previous marriage may accused. In this case, even if the guilt of the accused has
be invoked for purposes of remarriage on the basis solely of not been satisfactorily established, he is not exempt from
a final judgment declaring such previous marriage void. civil liability which may be proved by preponderance of
evidence only.
G.R. No. 159031

G.R. No. 166414
The Family Code has settled once and for all the conflicting
jurisprudence on the matter. A declaration of the absolute Article 265. Less serious physical injuries Any person who
nullity of a marriage is now explicitly required either as a shall inflict upon another physical injuries x x x which shall
cause of action or a ground for defense. Where the incapacitate the offended party for labor for ten days or
absolute nullity of a previous marriage is sought to be more, or shall require medical assistance for the same
invoked for purposes of contracting a second marriage, the period, shall be guilty of less serious physical injuries and
sole basis acceptable in law for said projected marriage to shall suffer the penalty of arresto mayor.
be free from legal infirmity is a final judgment declaring the x x x x.
previous marriage void. Based on the law, the elements of the crime of less serious
physical injuries are, namely: (1) that the offender inflicted
The Family Law Revision Committee and the Civil Code physical injuries upon another; and (2) that the physical
Revision Committee which drafted what is now the Family injuries inflicted either incapacitated the victim for labor for
Code of the Philippines took the position that parties to a 10 days or more, or the injuries required medical assistance
marriage should not be allowed to assume that their for more than 10 days.
marriage is void even if such be the fact but must first
secure a judicial declaration of the nullity of their marriage
before they can be allowed to marry again. In fact, the G.R. No. 166441
requirement for a declaration of absolute nullity of a
marriage is also for the protection of the spouse who, The attempt to commit an offense which the Penal Code
believing that his or her marriage is illegal and void, marries punishes is that which has a logical relation to a particular,
again. With the judicial declaration of the nullity of his or concrete offense; that, which is the beginning of the
her marriage, the person who marries again cannot be execution of the offense by overt acts of the perpetrator,
charged with bigamy. leading directly to its realization and consummation. It is
necessary to prove that said beginning of execution, if
In numerous cases, this Court has consistently held that a carried to its complete termination following its natural
judicial declaration of nullity is required before a valid course, without being frustrated by external obstacles nor
subsequent marriage can be contracted; or else, what by the voluntary desistance of the perpetrator, will logically
transpires is a bigamous marriage, reprehensible and and necessarily ripen into a concrete offense.
immoral.
G.R. No. 166441

18
Requisites of a frustrated felony under Article 6 of the Under the Indeterminate Sentence Law, the minimum of
Revised Penal Code are: the indeterminate sentence should be within the penalty
(1) the offender has performed all the acts of execution next lower than the imposable penalty, which, herein, was
which would produce the felony; and prision correccional (i.e., six months and one day to six
(2) that the felony is not produced due to causes years). For the maximum of the indeterminate sentence,
i depe de t of the pe pet ato s ill. prision mayor in its medium period eight years and one
day to 10 years was proper because there were no
mitigating or aggravating circumstances present.
G.R. No. 166441
The intent of the offender to lie with the female defines the G.R. No. 176102
distinction between attempted rape and acts of
lasciviousness. The felony of attempted rape requires such Rule on Juveniles in Conflict with the Law) provides certain
intent; the felony of acts of lasciviousness does not. Only guiding principles in the trial and judging in cases involving
the direct overt acts of the offender establish the intent to a child in conflict with the law. One of them is that found in
lie with the female. However, merely climbing on top of a Section 46 (2), in conjunction with Section 5 (k), whereby
naked female does not constitute attempted rape without the restrictions on the personal liberty of the child shall be
proof of his erectile penis being in a position to penetrate limited to the minimum.
the female's vagina.
G.R. No. 176102

G.R. No. 173988
Conformably with Section 9(a) of Presidential Decree 968,
Section 3 of RepublicAct No. 7610 defines child abuse which disqualifies from probation an offender sentenced to
thusly: serve a maximum term of imprisonment of more than six
xxxx years, the petitioner could not qualify for probation.
(b) "Child abuse" refers to the maltreatment, whether
habitual or not, of the child which includes any of the
following: G.R. No. 176102
(1) Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment; Although Section 38 of Republic Act No. 9344 allows the
(2) Any act by deeds or words which debases, degrades or suspension of the sentence of a child in conflict with the
demeans the intrinsic worth and dignity of a child as a law adjudged as guilty of a crime, the suspension is
human being; available only until the child offender turns 21 years of age,
(3) Unreasonable deprivation of his basic needs for survival, pursuant to Section 40 of Republic Act No. 9344, to wit:
such as food and shelter; or Section 40. Return of the Child in Conflict with the Law to
(4) Failure to immediately give medical treatment to an Court. If the court finds that the objective of the
injured child resulting in serious impairment of his growth disposition measures imposed upon the child in conflict
and development or in his permanent incapacity or death. with the law have not been fulfilled, or if the child in
xxxx conflict with the law has wilfully failed to comply with the
conditions of his/her disposition or rehabilitation program,
In the crime charged against the petitioner, therefore, the the child in conflict with the law shall be brought before the
maltreatment may consist of an act by deeds or by words court for execution of judgment.
that debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being. The act need not be If said child in conflict with the law has reached eighteen
habitual. (18) years of age while under suspended sentence, the
court shall determine whether to discharge the child in
accordance with this Act, to order execution of sentence, or
G.R. No. 176102 to extend the suspended sentence for a certain specified
period or until the child reaches the maximum age of
Article 249 of the Revised Penal Code prescribes the twenty-one (21) years.
penalty of reclusion temporal for homicide. Considering
that the petitioner was then a minor at the time of the We note that the petitioner was well over 23 years of age
commission of the crime, being 17 years, four months and at the time of his conviction for homicide by the RTC.
28 days old when he committed the homicide, such Hence, the suspension of his sentence was no longer legally
minority was a privileged mitigating circumstance that feasible or permissible.
lowered the penalty to prision mayor.
G.R. No. 176102

G.R. No. 176102

19
Imprisonment of children in conflict with the law is by no of the penalty next lower than that prescribed by the
means prohibited. While Section 5 (c) of Republic Act No. Revised Penal Codefor the offense committed.
9344 bestows on children in conflict with the law the right
not to be unlawfully or arbitrarily deprived of their liberty;
imprisonment as a proper disposition of a case is duly G.R. No. 178145
recognized, subject to certain restrictions on the imposition
of imprisonment, namely: (a) the detention or "Reckless imprudence consists involuntary, but without
imprisonment is a disposition of last resort, and (b) the malice, doing or failing to do an act from which material
detention or imprisonment shall be for the shortest damage results by reason of inexcusable lack of precaution
appropriate period of time. Thereby, the trial and appellate on the part of the person performing of failing to perform
courts did not violate the letter and spirit of Republic Act such act, taking into consideration his employment or
No. 9344 by imposing the penalty of imprisonment on the occupation, degree of intelligence, physical condition and
petitioner simply because the penalty was imposed as a last other circumstances regarding persons, time and place." To
recourse after holding him to be disqualified from constitute the offense of reckless driving, the act must be
probation and from the suspension of his sentence, and the something more than a mere negligence in the operation of
term of his imprisonment was for the shortest duration the motor vehicle, but a willful and wanton disregard of the
permitted by the law. consequences is required.
G.R. No. 178512

G.R. No. 176317
The elements of frustrated homicide are:
Article 217. Malversation of public funds or property; (1) the accused intended to kill his victim, as manifested by
Presumption of malversation. Any public officer who, by his use of a deadly weapon in his assault;
reason of the duties of his office, is accountable for public (2) the victim sustained fatal or mortal wound but did not
funds or property, shall appropriate the same or shall take die because of timely medical assistance; and
or misappropriate or shall consent, through abandonment (3) none of the qualifying circumstances for murder under
or negligence, shall permit any other person to take such Article 248 of the Revised Penal Code, as amended, is
public funds, or property, wholly or partially, or shall present.
otherwise be guilty of the misappropriation or malversation
of such funds or property, shall suffer: x x x x
G.R. No. 178512
In all cases, persons guilty of malversation shall also suffer
the penalty of perpetual special disqualification and a fine The essential element in frustrated or attempted homicide
equal to the amount of the funds malversed or equal tothe is the intent of the offender to kill the victim immediately
total value of the property embezzled. x x x x before or simultaneously with the infliction of injuries.
Intent to kill is a specific intent that the State must allege in
the information, and then prove by either direct or
G.R. No. 176317 circumstantial evidence, as differentiated from a general
criminal intent, which is presumed from the commission of
To determine the maximum periods of the penalties to be a felony by dolo. Intent to kill, being a state of mind, is
imposed on the petitioner, therefore, we must be guided discerned by the courts only through external
by the following rules, namely: manifestations, i.e., the acts and conduct of the accused at
(1) the penalties provided under Article 217 of the Revised the time of the assault and immediately thereafter.
Penal Code constitute degrees; and
(2) considering that the penalties provided under Article
217 of the Revised Penal Code are not composed of three G.R. No. 178512
periods, the time included in the penalty prescribed should
be divided into three equal portions, which each portion The following factors determine the presence of intent to
forming one period, pursuant to Article 65 of the Revised kill, namely:
Penal Code. (1) the means used by the malefactors;
(2) the nature, location, and number of wounds sustained
by the victim;
G.R. No. 176317 (3) the conduct of the malefactors before, during, or
immediately after the killing of the victim; and
Under Section 1 of the Indeterminate Sentence Law, an (4) the circumstances under which the crime was
indeterminate sentence is imposed on the offender committed and the motives of the accused.
consisting of a maximum term and a minimum term. The
maximum term is the penalty under the Revised Penal Code We have also considered as determinative factors the
properly imposed after considering any attending motive of the offender and the words he uttered at the
circumstance; while the minimum term is within the range time of inflicting the injuries on the victim.

20
G.R. No. 182794 According to Article 48 of the Revised Penal Code, the
penalty for a complex crime is that corresponding to the
Conviction for rape may be based on circumstantial most serious crime, the same to be applied in its maximum
evidence when the victim cannot testify on the actual period. Otherwise, the penalty will be void and ineffectual,
commission of the rape as she was rendered unconscious and will not attain finality.
when the act was committed, provided that more than one
circumstance is duly proved and that the totality or the
unbroken chain of the circumstances proven lead to no G.R. No. 197562
othe logi al o lusio tha the appella ts guilt of the
i e ha ged. CCCs positi e ide tifi atio of the appella t Article 294 of the Revised Penal Code provides:
as the person who came to the room where she slept one
early morning towards the end of May 1994, and that he Article 294. Robbery with violence against or intimidation of
covered her nose and mouth with a foul smelling persons; Penalties. Any person guilty of robbery with the
handkerchief until she lost consciousness, the blood and use of violence against or intimidation of any person shall
white substance she found on her vagina which ached the suffer:
following morning, her torn shorts and her panty removed,
all lead to one inescapable conclusion that the appellant 1. The penalty of reclusin perpetua to death, when by
raped her while she was unconscious. reason or on occasion of the robbery, the crime of
homicide shall have been committed.21
G.R. No. 195668 2. The penalty of reclusion temporal in its medium period to
reclusin perpetua when the robbery shall have been
Denial, essentially a negation of a fact, does not prevail over accompanied by rape or intentional mutilation, or if by
an affirmative assertion of the fact. Thus, courts both trial reason or on occasion of such robbery, any of the physical
and appellate have generally viewed the defense of denial injuries penalized in subdivision 1 of Article 263 shall have
in criminal cases with considerable caution, if not with been inflicted; Provided, however, that when the robbery
outright rejection. Such judicial attitude comes from the accompanied with rape is committed with a use of a deadly
recognition that denial is inherently weak and unreliable by weapon or by two or more persons, the penalty shall
virtue of its being an excuse too easy and too convenient be reclusion perpetua to death (As amended by PD No.
for the guilty to make. To be worthy of consideration at all, 767).
denial should be substantiated by clear and convincing
evidence. The accused cannot solely rely on her negative 3. The penalty of reclusion temporal, when by reason or on
and self-serving negations, for denial carries no weight in occasion of the robbery, any of the physical injuries
law and has no greater evidentiary value than the penalized in subdivision 2 of the article mentioned in the
testimony of credible witnesses who testify on affirmative next preceding paragraph, shall have been inflicted.
matters.
4. The penalty of prision mayor in its maximum period
to reclusion temporalin its medium period, if the violence or
G.R. No. 195668 intimidation employed in the commission of the robbery
shall have been carried to a degree clearly unnecessary for
Under Article 2211 of the Civil Code, interest as part of the the commission of the crime, or when the course of its
damages may be adjudicated in criminal proceedings in the execution, the offender shall have inflicted upon any
discretion of the court. person not responsible for its commission any of the
physical injuries covered by sub-divisions 3 and 4 of said
Article 263
G.R. No. 199139
5. The penalty of prisin correccional in its maximum period
It is a basic rule of statutory construction that penal to prision mayorin its medium period in other cases. (As
statutes are to be liberally construed in favor of the amended by R. A. 18).
accused. Every reasonable doubt must then be resolved in
favor of the accused. This means that the courts must not
bring cases within the provision of a law that are not clearly G.R. No. 197562
embraced by it. In short, no act can be pronounced criminal
unless it is clearly made so by statute prior to its Article 299 of the Revised Penal Code states:
commission (nullum crimen, nulla poena, sine lege). So,
too, no person who is not clearly within the terms of a Article 299. Robbery in an inhabited house or public building
statute can be brought within them. or edifice devoted to worship. Any armed person who
shall commit robbery in an inhabited house or public
building or edifice devoted to religious worship, shall be
G.R. No. 171672

21
punished by reclusion temporal, if the value of the property deceit, the affirmance of her guilt for estafa as charged was
taken shall exceed 250 pesos, and if: in order.
(a) The malefactors shall enter the house or building in

which the robbery was committed, by any of the following G.R. No. 172539
means:
1. Through an opening not intended for entrance or egress. The elements of falsification by a public officer or employee
2. By breaking any wall, roof, or floor or breaking any door or notary public as defined in Article 171 of the Revised
or window. Penal Code are that:
3. By using false keys, picklocks or similar tools. (1) the offender is a public officer or employee or notary
4. By using any fictitious name or pretending the exercise of public;
public authority. (2) the offender takes advantage of his official position; and
(3) he or she falsifies a document by committing any of the
Or if acts mentioned in Article 171 of the Revised Penal Code.
(b) The robbery be committed under any of the following G.R. No. 172539
circumstances:
The elements of falsification by a private individual under
1. By the breaking of doors, wardrobes, chests, or any other paragraph 1, Article 172 of the Revised Penal Code are that:
kind of locked or sealed furniture or receptacle; (1) the offender is a private individual, or a public officer or
employee who did not take advantage of his official
2. By taking such furniture or objects to be broken or forced position;
open outside the place of the robbery. (2) the offender committed any of the acts mentioned in
Article 171 of the Revised Penal Code;
When the offenders do not carry arms, and the value of the (3) the falsification was committed in a public or official or
property taken exceeds 250 pesos, the penalty next lower commercial document.
in degree shall be imposed.
The same rule shall be applied when the offenders are G.R. No. 172539
armed, but the value of the property taken does not exceed
250 pesos. Article 39 of the Revised Penal Code states that "[i]f the
convict has no property with which to meet the fine
When said offenders do not carry arms and the value of the mentioned in paragraph 3 of the next preceding article,
property taken does not exceed 250 pesos, they shall suffer he shall be subject to a subsidiary personal liability xxxx." To
the penalty prescribed in the two next preceding conform with the provision, the imposition of the subsidiary
paragraphs, in its minimum period. imprisonment was necessary in order not to trivialize the
prescription of the fine as part of the compound penalty.
If the robbery be committed in one of the dependencies of
an inhabited house, public building, or building dedicated to
religious worship, the penalties next lower in degree than G.R. No. 179749
those prescribed in this article shall be imposed.
Courts are cognizant of the presumption of regularity in the
performance of duties of public officers. This presumption
G.R. No. 170192 can be overturned if evidence is presented to prove either
of two things, namely:
The elements of estafa as charged are, namely: (1) that they were not properly performing their duty, or
(1) the accused defrauded another by abuse of confidence (2) that they were inspired by any improper motive.
or by means of deceit; and
(2) the offended party, or a third party suffered damage or
prejudice capable of pecuniary estimation. G.R. No. 198954
The requisites for the appreciation of evident

G.R. No. 170192 premeditation are:
(1) the time when the accused determined to commit the
The active representation by the accused-appellant of crime;
having the capacity to deploy MMM abroad despite not (2) an act manifestly indicating that the accused had clung
having the authority or license to do so from the POEA to his determination to commit the crime; and
constituted deceit as the first element of estafa. Her (3) the lapse of a sufficient length of time between the
representation induced the victim to part with his money, determination and execution to allow him to reflect upon
resulting in damage that is the second element of the consequences of his act.
the estafa. Considering that the damage resulted from the

Justice Bersamin Ponencia - Criminal Law

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1

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

1. By the death of the convict, as to the personal penalties Art. 248.

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

strength of his own evidence, not on the weakness of that

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

xxx xxx xxx

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

aggressor, without the slightest provocation on the part of

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

is no necessity of alleging the falsification in the Information

In a prosecution for possession of illegal substances, proof

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

It cannot be disputed that DDD had animus possidendi. His

The third requisite requires the surrender to be

G.R. No. 170839

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

xxx G.R. No. 173794

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

In a prosecution of the sale and possession of

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

G.R. No. 180177 G.R. No. 181491

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

The term "aggravating circumstances" used by the Civil

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

Novation is not a ground under the law to extinguish G.R. No 191726

It may be observed in this regard that novation is not one of

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

G.R. No. 159823 Considering that JJJs ph si al i ju e ui ed fi e to se e

G.R. No. 159823

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

any aggravating circumstance that offset the mitigating

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

object to the testimonial evidence regarding age shall not

During her examination of AAA, the doctor found

G.R. No. 175602 February 13, 2013 G.R. No. 159031

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

G.R. No. 159031

G.R. No. 166441

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

G.R. No. 176102

G.R. No. 176102

COMPILED BY ATTY. R.A.L. CASABAR RESEARCHED BY J. MANINGDING

Ponencia by Justice Lucas P. Bersamin, 2017 Bar Chairman

G.R. No. 178512