Lessons Applicable:

it with some records in the hospital, he gave the note to the police, which
referred it to the NBI for examination

Laws Applicable: Art. 4

March 11, 1982 1:45 pm: Agra received an envelope containing a ransom

note demanding P1 million otherwise Enrico will be killed. . Agra thought the
FACTS:

handwriting in the note was familiar so he referred it to the NBI for

examination and it turned out to be Dr. Samson Tans signature.

March 11, 1982 morning: While Enrico was walking with Tirso Ferreras,

his classmate, along Roque street in the poblacion of Lopez, Quezon, he

Domasian and Tan were subsequently charged with the crime of

was approached by Pablito Domasian who requested his assistance in

kidnapping with serious illegal detention in the Regional Trial Court of

getting his father's signature on a medical certificate. Enrico agreed to help

Quezon

and rode with the man in a tricycle to Calantipayan, where he waited outside

while the man went into a building to get the certificate. Enrico became

game in a friend's house and later went to an optical clinic with his wife for

apprehensive and started to cry when, instead of taking him to the hospital,

the refraction of his eyeglasses

the man flagged a minibus and forced him inside, holding him firmly all the

Dr. Tans alibi: he was in Manila

while. The man told him to stop crying or he would not be returned to his

Enrico, Tirso Ferreras and Grate all pointed Domasian.

father. When they alighted at Gumaca, they took another tricycle, this time

RTC: Domasian and Tan guilty as charged and sentenced them to suffer

bound for the municipal building from where they walked to the market. Here

the penalty of reclusion perpetua and all accessory penalties

the man talked to a jeepney driver and handed him an envelope addressed

Domasians alibi: at the time of the incident he was watching a mahjong

Appealed

to Dr. Enrique Agra, the boy's father. The two then boarded a tricycle headed
for San Vicente. As Enrico was crying and being firmly held, Alexander
Grate, the tricycle driver became suspicious and asked Domasian about his

ISSUE: W/N Domasian and Tan is guilty of kidnapping kidnapping with

relationship with the boy who told him they were brothers. Their physical

serious illegal detention

differences and the wide gap between their ages made Grate doubt so he
immediately reported the matter to two barangay tanods when his

HELD: YES. appealed decision is AFFIRMED

passengers alighted from the tricycle. Grate and the tanods went after the

two and saw the man dragging the boy. Noticing that they were being

placing a person in an enclosure but also in detaining him or depriving him in

pursued, Domasian was able to escape, leaving Enrico behind. Enrico was

any manner of his liberty

on his way home in a passenger jeep when he met his parents, who were

riding in the hospital ambulance and already looking for him.

ransom note was an impossible crime which he says is not punishable.

At about 1:45 in the afternoon of the same day, after Enrico's return, Agra

Art. 267. Kidnapping and serious illegal detention may consist not only in

Tan claims that the lower court erred in not finding that the sending of the
Tan conveniently forgets the first paragraphs of the same article, which

received an envelope containing a ransom note. The note demanded P1

clearly applies to him, thus:

million for the release of Enrico and warned that otherwise the boy would be

Art. 4.

killed. Agra thought the handwriting in the note was familiar. After comparing

1.

Criminal liability. Criminal liability shall be incurred:

By any person committing a felony (delito) although the wrongful act

done be different from that which he intended.

Intod v. CA

Even before the ransom note was received, the crime of kidnapping with

serious illegal detention had already been committed. The act cannot be

G.R. No. 103119 October 21, 1992

considered an impossible crime because there was no inherent improbability

of its accomplishment or the employment of inadequate or ineffective

Lessons Applicable:

means. The sending of the ransom note would have had the effect only of
increasing the penalty to death under the last paragraph of Article 267

Laws Applicable:

although this too would not have been possible under the new Constitution.

On the issue of conspiracy, we note first that it exists when two or more

FACTS:

persons come to an agreement concerning the commission of a felony and

decide to commit it, whether they act through physical volition of one or all,

Avelino Daligdig went to Salvador Mandaya's house and asked him to go

proceeding severally or collectively. These acts were complementary to each

with them to the house of Bernardina Palangpangan. Thereafter, they had a

other and geared toward the attainment of the common ultimate objective,

meeting with Aniceto Dumalagan who told Mandaya that he wanted

viz., to extort the ransom of P1 million in exchange for Enrico's life.

Palangpangan to be killed because of a land dispute between them and that

Mandaya should accompany them. Otherwise, he would also be killed.

The motive for the offense is not difficult to discover. According to Agra,

February 4, 1979: Sulpicio Intod, Jorge Pangasian, Santos Tubio and

Tan approached him 6 days before the incident happened and requested a

February 4, 1979 10:00 pm: All of them armed arrived at Palangpangan's

loan of at least P15,000.00. Agra said he had no funds at that moment and

house and fired at Palangpangan's bedroom but there was no one in the

Tan did not believe him, angrily saying that Agra could even raise a million

room.

pesos if he really wanted to help.

Labels: 1993, art 4 rpc, Case Digest, cases, crim law 1, G.R. No.

witness

RTC: convicted Intod of attempted murder based on the testimony of the

95322, Juris Doctor, March 1, People v. Domasian

ISSUE: W/N Intod is guilty attempted murder since it is an impossible crime
under Art. 4 (2)
HELD: YES. petition is hereby GRANTED, the decision of respondent Court
of Appeals holding Petitioner guilty of Attempted Murder is hereby
MODIFIED. sentences him to suffer the penalty of six (6) months of arresto
mayor, together with the accessory penalties provided by the law, and to pay
the costs

Art. 4(2). CRIMINAL RESPONSIBILITY. Criminal Responsibility shall

be incurred:

xxx xxx xxx

People v. Oanis, 74 Phil. 257

2. By any person performing an act which would be an offense against

G.R. No.L-47722 July 27, 1943

persons or property, were it not for the inherent impossibility of its

MORAN, J.

accomplishment or on account of the employment of inadequate or

ineffectual means.

Lesson applicable: mitigating circumstances

Petitioner contends that, Palangpangan's absence from her room on the

night he and his companions riddled it with bullets made the crime inherently
impossible.

The Revised Penal Code, inspired by the Positivist School, recognizes in

FACTS:
Captain Godofredo Monsod, Constabulary Provincial Inspector at
Cabanatuan, Nueva Ecija, received from Major Guido a telegram of

the offender his formidability to punish criminal tendencies in Art. 4(2)

the following tenor: "Information received escaped convict Anselmo

Balagtas with bailarina and Irene in Cabanatuan get him dead or

Legal impossibility occurs where the intended acts, even if completed,

would not amount to a crime

alive." Captain Monsod accordingly called for his first sergeant and

asked that he be given four men.

Legal impossibility would apply to those circumstances where

1.

the motive, desire and expectation is to perform an act in violation of the

The same instruction was given to the chief of police Oanis who was
likewise called by the Provincial Inspector.

law

Defendants Oanis and Galanta then went to the room of Irene, and

2.

there is intention to perform the physical act

3.

there is a performance of the intended physical act

an seeing a man sleeping with his back towards the door where

4.

the consequence resulting from the intended act does not amount to a

they were, simultaneously or successively fired at him with their .

crime

32 and .45 caliber revolvers. Awakened by the gunshots, Irene saw

Ex: The impossibility of killing a person already dead

her paramour already wounded, and looking at the door where the

Factual impossibility occurs when extraneous circumstances unknown to

shots came, she saw the defendants still firing at him. Shocked by

the actor or beyond his control prevent the consummation of the intended

the entire scene. Irene fainted; it turned out later that the person

crime this case

shot and killed was not the notorious criminal Anselmo Balagtas

but a peaceful and innocent citizen named Serapio Tecson, Irene's

Ex: man who puts his hand in the coat pocket of another with the

intention to steal the latter's wallet and finds the pocket empty

United States: where the offense sought to be committed is factually

paramour.
According to Appellant Galanta, when he and chief of police Oanis

impossible or accomplishment - attempt to commit a crime; legally

arrived at the house, the latter asked Brigida where Irene's room

impossible of accomplishment - cannot be held liable for any crime

was. Brigida indicated the place, and upon further inquiry as to the

Labels: 1992, Case Digest, crim law 1, G.R. No. 103119, intod v.

whereabouts of Anselmo Balagtas, she said that he too was

ca, Juris Doctor, October 21, SECOND DIVISION

sleeping in the same room.

ISSUE: W/N they may, upon such fact, be held responsible for the
death thus caused to Tecson

Labels: 1943, Case Digest, crim law 1, G.R. No. L-47722, July
HELD: appellants are hereby declared guilty of murder with the

27, mitigating circumstances, People v. Oanis

mitigating circumstance
YES.
ignorantia facti excusat, but this applies only when the mistake is
committed without fault or carelessness
appellants found no circumstances whatsoever which would press
them to immediate action. The person in the room being then
asleep, appellants had ample time and opportunity to ascertain his
identity without hazard to themselves, and could even effect a

People v. Campuhan

bloodless arrest if any reasonable effort to that end had been

made, as the victim was unarmed.

G.R. No. 129433

March 30, 2000

"No unnecessary or unreasonable force shall be used in making an

arrest, and the person arrested shall not be subject to any greater

Lessons Applicable: Attempted rape

restraint than is necessary for his detention."

a peace officer cannot claim exemption from criminal liability if he

Laws Applicable:

uses unnecessary force or violence in making an arrest

The crime committed by appellants is not merely criminal

FACTS:

negligence, the killing being intentional and not accidental. In

criminal negligence, the injury caused to another should be

Crysthel Pamintuan, went to the ground floor of their house to prepare Milo

unintentional, it being simply the incident of another act performed

chocolate drinks for her 2 children. There she met Primo Campuhan, helper

without malice.

of Conrado Plata Jr., brother of Corazon, who was then busy filling small

2 requisites in order that the circumstance may be taken as a

justifying one:
1.

offender acted in the performance of a duty or in the lawful

exercise of a right-present

2.

injury or offense committed be the necessary consequence

April 25, 1996 4 pm: Ma. Corazon P. Pamintuan, mother of 4-year old

plastic bags with water to be frozen into ice in the freezer located at the
second floor.

Then she heard Crysthel cry, "Ayo'ko, ayo'ko!" so she went upstairs and

saw Primo Campuhan inside her children's room kneeling before Crysthel
whose pajamas or "jogging pants" and panty were already removed, while

of the due performance of such duty or the lawful exercise of

his short pants were down to his knees and his hands holding his penis with

such right or office.-not present

his right hand

According to article 69 of the Revised Penal Code, the penalty lower

Horrified, she cursed "P - t - ng ina mo, anak ko iyan!" and boxed him

by 1 or 2 degrees than that prescribed by law shall, in such case,

several times. He evaded her blows and pulled up his pants. He pushed

be imposed.

Corazon aside who she tried to block his path. Corazon then ran out and

shouted for help thus prompting Vicente, her brother, a cousin and an uncle
who were living within their compound, to chase the Campuhan who was

apprehended. They called the barangay officials who detained.

consummated

Primo's kneeling position rendered an unbridled observation impossible

intact

Crysthel made a categorical statement denying penetration but her

vocabulary is yet as underdeveloped

Physical examination yielded negative results as Crysthel s hymen was

Campuhan: Crysthel was in a playing mood and wanted to ride on his

People v. De la Pea: labia majora must be entered for rape to be

back when she suddenly pulled him down causing both of them to fall down

on the floor.

thus showing that he had yet to attain an erection to be able to penetrate his

victim

RTC: guilty of statutory rape, sentenced him to the extreme penalty of

Corazon narrated that Primo had to hold his penis with his right hand,

death

belied by the child's own assertion that she resisted Primo's advances by

Thus, subject to automatic review

the possibility of Primo's penis having breached Crysthel's vagina is

putting her legs close together and that she did not feel any intense pain but
ISSUE: W/N it was a consummated statutory rape

just felt "not happy" about what Primo did to her. Thus, she only shouted
"Ayo'ko, ayo'ko!" not "Aray ko, aray ko!

HELD: NO. MODIFIED. guilty of ATTEMPTED RAPE and sentenced to an

no medical basis to hold that there was sexual contact between the

indeterminate prison term of eight (8) years four (4) months and ten (10)

accused and the victim

days of prision mayor medium as minimum, to fourteen (14) years ten (10)
months and twenty (20) days of reclusion temporal medium as maximum.

Labels: 2000, attempted rape, Case Digest, crim law 1, G.R. No.

Costs de oficio.

129433, Juris Doctor, March 30,People v. Campuhan