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Title: Wanted sa Radyo
Date: November 23, 2019
Host: Trixie Arre
Topic: Subsidiary Imprisonment and Complex Crime

Segment 1: People vs. Alapan

Opening song for 10-20 seconds.

Trixie (Maffy Tulfo): Intro of the show. State name, date and time.
Introduce case briefly. Introduce Brianna Ricafort.

Brianna Ricafort (Mods): Narrate her side of story.

Trixie (Maffy Tulfo): Introduce Spouses Alano—Myra and James.

Myra and James Alano (Kirk and Jane): Narrate side of story. No
money. Good faith. Confirms the 8 checks. She is willing to pay
the checks.

Brianna Ricafort (Mods): Explain decision of MTC. State amount.

Leaves it to Myra.

Myra (Jane): Ask if pwede pa mag-appeal for subsidiary sa MTC.

Brianna Ricafort (Mods): Di pwede kasi walang sinabi na inimpose

nila yun na pwede silang makulong dahil di sila makapagbayad.

Trixie (Tulfo): Ask audience questions. 1) Ask if may alam ng

subsidiary imprisonment. 2) Pwede ba i-apply sa mag-asawang Alano.
Turnover to Atty. Rosario Ramos for explanation and advice after.

*Show general rule for S.I.*

Atty. Rosario Ramos (Marmee): Explains case. As stated in People

vs. Alapan, ART. 39. Subsidiary penalty. - If the convict has no
property with which to meet the fine mentioned in paragraph 3 of
the next preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each five hundred
pesos (depending on highest minimum wage), subject to the following
rules: ...
Article 78 of Chapter V of the same Code, in its pertinent part,
which deals with the execution and service of penalties, provides:
ART. 78. When and how a penalty is to be executed. - No penalty
shall be executed except by virtue of a final judgment.
A penalty shall not be executed in any other form than that
prescribed by law, nor with any other circumstances or incidents
than those expressly authorized thereby. The judgment of
conviction did not provide for the possibility of subsidiary
penalty. Subsidiary penalty for non-payment is not allowed and is
not an accessory penalty. Not an accessory penalty. General rule
for subsidiary penalty.

Trixie (Tulfo): Ask more questions for Atty. Ramos to answer.

Atty. Ramos: Answer.

Trixie (Tulfo): Thank Atty. Ramos, witnesses, parties. Commercial.


II. People vs. Subido

Trixie (Tulfo): Welcome the audience back. Introduce witness Agnes

dela Cruz—the offended party. Ask a question to start conversation.

Mayor Flores (Jane): Narrate story. Why there is libel. What

happened. Libel against me is nagkakalat ng information na
pumupunta ako sa men's club.

Trixie (Tulfo): Ask resolution.

Mayor Flores (Jane): Filed a petition.

Trixie (Tulfo): Introduce Agatha dela Cruz (Mods).

Agatha dela Cruz (Mods): Discuss fine.

Trixie (Tulfo): Ask why cannot pay a fine

Agatha (Mods): Property. Indemnification. Civil Liability.

Trixie (Tulfo): Introduce Atty. Adrian Richards. Turnover to Atty.

Richards for explanation and advice.

*Insert slide for exceptions for S.I.*

Atty. Adrian Richards (Kirk): Explains case. Attachment issue.


Subsidiary Penalties – Attachment doesn’t operate as a satisfaction of the judgment on

the civil liability; subsidiary penalties can’t apply to failure to pay for
indemnification. There must first be a prior determination of the question
of solvency of the accused.
Exceptions to the application of subsidiary penalty
- When the penalty imposed is:
o Higher than prision correccional

- Failure to pay for:

o The reparation of damage caused
o Indemnification of consequential damages
o Costs of proceedings

- Penalty imposed is fine and a penalty not to be executed by confinement in a penal

o Must have no fixed duration

Trixie (Tulfo): Ask audience through Rees Morado (Marmee)—Tulfo’s

sidekick lmao.

*Audience will be asked several questions by Reese—who imposes the

fine? When is it an additional penalty?*

Trixie (Tulfo): Thank Kirk, Reese, witnesses, parties.

*Flash show banner*

III. US vs. Hernandez

Trixie (Tulfo): Welcome the audience back. Introduce case.

Introduce Roberta Aglipay—Mods. Ask a question to start

Roberta Aglipay (Mods): Learned that marriage is fake.

Trixie (Tulfo): Introduce Antonio Aglipay—one of the accused.

Antonio Aglipay (Marmee): Admit to what she did.

Trixie (Tulfo): Legal Separation. Introduce Atty. Olivia Mendrez.

Atty. Mendrez (Jane): Explains how she found out the fake marriage.

Roberta Aglipay (Mods): Asks what cases can be filed against Jack
Perez (Antonio’s friend).

Trixie (Tulfo): Turnover to Atty. Richards for explanation and


Atty. Richards (Kirk): Explains case.

 The complex crime was simple seduction by means of usurpation of official functions. The
usurpation of official function was an essential element of the deception to accomplish
seduction. Without legal authority, Bautista performed an act properly pertaining to a
person in authority by assuming the official character of a minister of a religious sect in
order to make the girl believe that she was legally married to accused Hernandez who
had the intention to seduce her. The girl would not have been seduced were it not for the
act of accused Bautista. This fulfills the requisites of a complex crime proper where at
least 2 offenses were committed (usurpation of public function, Art 177 RPC, and simple
seduction Art 338); where the usurpation was necessary to commit seduction; and that
both offenses are punishable under the same statue (Penal Code at the time). Discussion
on complex crimes in general, pro reo, kinds of complex crimes, continued crimes,
plurality of crimes, conspiracy

Q&A: Idea of concealment and jurisdiction of the court.

Trixie (Tulfo): Thank Kirk, witnesses, parties. Commercial.

*Flash Show banner* *Commercial*


Trixie (Tulfo): Welcome the audience back. Introduce witness

Eunice David. Ask a question to start conversation.

Eunice David (Mods): Narrate story. Nakitang pumihit. Nakatalikod

si Aleli.

Trixie (Tulfo): Introduce Accused-Appellant Amelia “Meli” Burgos.

Amelia “Meli” Burgos (Jane): Narrate her side of story. Gun in

burst fire.

Trixie (Tulfo): Introduce Ali Silverio

*Show profile—sister of a victim*

Ali Silverio (Marmee): Shows anger

Trixie (Tulfo): Thank Silverio. Turnover to Atty. Adrian Richards

for explanation and advice.

Atty. Adrian Richards (Kirk): Explains case. Nakatalikod si Aleli

(victim) kay Meli nung binaril ito. Answer.
 More discussion on complex crimes and plurality of crimes; the two bursts of gunshots
are considered as separate acts in the case.

Trixie (Tulfo): Thank Atty. Richards. Ask about the continuing

crime of the two chickens to the audience. Ask questions.

*Q&A: 1) give at least 3 special complex crimes; and 2) ask on

scenario of illegal possession of firearm*

Trixie (Tulfo): Thank witnesses, parties after.

*Flash show banner*

V. Gonzales vs. Arcilla

Trixie (Tulfo): Welcome back blah blah blah. Introduce the case.
Introduce Felicidad “Fely” Espejo (Jane).

Mildred Rosales (Mods): Narrate her side of story.

Trixie (Maffy Tulfo): Introduce Mildred Rosales (Mods).

Felicidad “Fely” Espejo (Jane): Narrate her side of story.

*screaming match and tearing of t-shirt*

*Josefino Rosales tries to butt in but was not given the chance to
speak due to the quarrel of 2 ladies*

Trixie (Tulfo): Turn over to Atty. Rosario Ramos for explanation

and advice

Atty. Rosario Ramos (Marmee): Explains case. There is a complex

crime when a single act constitutes two (2) or more grave or less
grave felonies, or when an offense is a necessary means for
committing another. In this case, complex crime is not applicable.

Trixie (Tulfo): Ask more questions for Atty. Ramos to answer.

Atty. Ramos: Answer

Trixie (Tulfo): Start Q&A with audience

*Q&A: 1) what is libel and slander; and 2) who’s your favorite


Trixie (Tulfo): Thank Atty. Ramos, witnesses, parties. Conclude