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People v Antonio
G.R. No.-122473 June 8,2000
This is a case of incestuous rape.
Held:
Rape may be committed even when the rapist and the victim are not alone, or while the rapists
spouse are asleep, or in a small room where other family members also slept.A daughter would not
accuse her own father of such unspeakable crime as incestuous rape had she really not been
aggrieved.It is highly improbable for a woman, especially one of tender age, to concoct a brutal
tale of ravishment, allow a gynecologic examination, and undergo the humiliation of a public trial
if she is not motivated solely by a desire to have the culprit apprehended and punished.
People v Mumar
People v Monieva
G.R. No.123912 June 8,2000
The victim was hacked with a bolo and was decapitated by the appellant.
Held:
Inconsistencies and discrepancies in the testimony referring to minor details and not upon the
basic aspect of the crime do not impair the witness credibility. Even where a witness is found to
have deliberately falsified the truth in some particular, and it was not shown that there was such
intended prevarication, it is not required that the entire testimony be rejected, since such
portions thereof deemed worthy of belief may be credited.
Abuse of superior strength means to purposely use excessive force out of proportion to the means
available to the person attacked to defend himself. Before it may be appreciated, it must be
clearly shown that there was deliberate intent on the part of the malefacto to take advantage
thereof.The prosecution is of the opinion that since the appellant was armed with a bolo and was
chasing the unarmed victim who was trying to flee, this shows that the latter was powerless to
offer resistance thereby admitting his inferiority and superiority of the defendant.This is mere
conjecture, it was not all apparent that the appellant consciously adopted that particular means.
The mere fact that the victim was running away from the appellant who was wielding a bolo shows
that the victim was aware of the danger to himself, thus negating the suddenness of the attack for
which reason treachery cannot be appreciated.
People v Cambi
G.R. No.127131 June 8, 2000
The 15 yr old complainant was rape by the appellant.
Held:
The absence of illumination in the place of the commission of the crime does not detract from the
positive identification by Margie of the appellant as her assailant. Although visibility is an
important factor in the identification of a criminal offender, its relative significance depends
largely on the attending circumstances and the discretion of the trial court.In the case at bar, the
assailant was well known to Margie as the former was her employer.Also, the voice of the
appellant was heard when he uttered threats against the complainant.It has been this Courts
observation that it is the most natural reaction for victims of criminal violence to strive to see the
looks and faces of their assailants and observe the manner in which he crime was committed.
Not every rape victim can be expected to act conformably to the usual expectations of
everyone.Some may shout, some may faint; and some may be shocked into insensibility, while
others may openly welcome the intrusion. The force or violence that is required in rape cases is
relative.When applied, it need not be overpowering or irresistible.It is enough that it has enabled
the offender to consummate his purpose to bring about the desired result.It is not even necessary
that the offender be armed with a weapon.
Accused was convicted of murder. Three high school students testified for the prosecution and
claimed that they actually saw the accused in flagrante delicto actually striking and submerging
the head of the victim in the river. Right after the incident, accused apparently saw them by the
riverbank and offered them a ride across the river, to which they readily acceded.
HELD:
Evidence to be believed must not only proceed from the mouth of a credible witness but it must
be credible in itself such as the common experience and observation of mankind can approve as
probable under the circumstances. There can never be a better gauge by which a witness
testimony may be evaluated and analyzed than the ordinary common human experience.
In this case, it is rather unnatural, to say the least, actually defying sound reasons for 3 young
students, to allow themselves to be ferried by an adult male whom they have just recently
witnessed kill and drown a helpless and unsuspecting victim. It makes the court wonder if the 3
supposed eye witness directly saw the actual killing in this case.
By its nature, conspiracy is a joint offense as one person cannot conspire alone. In conspiracy, the
commission of a crime is through the joint act or intent of 2 or more persons. However, there is
nothing irregular with the acquittal of one of the supposed co-conspirators and the conviction of
another. Generally, conspiracy is only a means by which a crime is committed as the mere act of
conspiring is not by itself punishable. Hence, it does not follow that one person alone cannot be
convicted when there is a finding of conspiracy. As long as the acquittal of a co-conspirator does
not remove the basis of a charge of conspiracy, one defendant may be found guilty of the offense.
In the case at bar, it is incorrect to state that the accused was acquitted because conspiracy was
not proved. The evidence established beyond doubt the existence of conspiracy to rub. However,
the evidence proved only the existence of a conspiracy but not the culpability of the appellant.
The trial court noted that the victims had no sufficient opportunity to recognize the acquitted
accused. The evaluation of evidence reveals that the same is true insofar as the appellant is
concerned.
Accused was convicted of murder. The crime was preceded by a heated argument. The accused
left and came back minutes after the altercation and stabbed victim at the latters terrace.
HELD:
Homicide and not murder. Treachery was not proved beyond reasonable doubt. Qualifying and
aggravating circumstances before being taken into consideration for the purpose of increasing the
degree of the penalty to be imposed must be proved with equal certainty and clearness as that
which establishes the commission of the act charged as a criminal offense. Dwelling was correctly
considered aggravating. The word dwelling includes every dependency of the house that forms
part thereof.
The sweethearts defense cannot be appreciated as the defense failed to come up with
convincing proof. Indeed, the accused bears the burden of proving that he and the complainant
had an affair which naturally led to a sexual relationship. The guilt of the accused was also
established by the fact that he offered marriage to the complainant after the incident was
reported to the authorities. As a rule in rape cases, an offer of marriage is an admission of guilt.
Accused was convicted of murder. The conviction was based purely on circumstantial evidence
because there was no eye witness to the actual killing of the victim.
HELD:
A judgment of conviction based purely on circumstantial evidence can be upheld only if the
following requisites concur: (1) there is more than one circumstance; (2) the facts from which the
inferences are derived are proven; (3) the combination of all the circumstances is such as to
produce conviction beyond reasonable doubt. The corollary rule is that the circumstances proven
must constitute an unbroken chain which leads to one fair and reasonable conclusion pointing to
the accused, to the exclusion of all others, as the guilty person.
The 2 accused (Hermogenes and Edwin) were convicted for the murder of Emerita and Ireneo and
the attempted murder of Flor. The 2 were found to have conspired to kill Ireneo. However,
during the commission of the crime, Emerita was also killed and Flor hit by a bullet.
HELD:
Co-conspirators are liable only for acts done pursuant to the conspiracy. For other acts done
outside the contemplation of the co-conspirators or which are not the necessary and logical
consequence of the intended crime, only the actual perpetrators are liable. Evidence only shows
conspiracy to kill Ireneo and no one else. Hence, both can be convicted for the murder of Ireneo.
However, only Hermogenes who fired at Emerita and Flor can be convicted for the murder of
Emerita and Flor respectively.
HELD:
Penalty reduced to reclusion perpetua. The victims minority was not sufficiently proved. In
accusations involving incestuous rape, the relationship of the accused with the offended party as
well as the latters age must be alleged in the information and proven by the prosecution with
competent evidence during their trial. A bare photocopy of the victims birth certificate which is
neither certified nor offered formally in evidence is not sufficient proof of the victims age.
attempted to commit robbery as to show the indiscriminate perpetration thereof. On the other
hand, what the prosecution established was only a single act of depredation is not what is
contemplated under PD 532 as its objective is to deter and punish lawless elements who commit
acts of depredation upon persons and properties of innocent and defenseless inhabitants who
travel from one place to another.
Accused should be held liable for the special complex crime of robbery with homicide as the
allegation in the information are enough to convict him therefore.
HELD:
It is too late for the accused to question the form or substance of the information in these cases
since he did not move to quash the information before he was arraigned. Further, in the crime of
rape, the date of the commission is not an essential element of the crime.