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Article 172(3)
The elements if the crime penalized under Article 172, paragraph 3, of
the Revised Penal Code are all present in this case, namely: the documents is
false; the offender had knowledge that such document was false; and, the
offender introduced in evidence in any judicial proceeding such false or
falsified document.
KIDNAPPING
The crime of kidnapping, defined under Article 267 of the Revised Penal
Code as amended by Republic Act No. 7659, is committed when any private
individual who shall kidnap or detain another, or in any other manner deprive
him of his liberty, shall suffer the penalty of reclusion perpetua to death
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through the following circumstances: (a) If the kidnapping or detention shall
have lasted more than five days. (b) If it shall have been committed simulating
public authority. (c) If any serious physical injuries shall have been inflicted
upon the person kidnapped or detained; or if threats to kill him shall have been
made. (d) If the person kidnapped or detained shall be a minor, female or a
public officer. The penalty shall be death where the kidnapping or detention
was committed for the purpose of extorting ransom from the victim or any
other person, even if none of the circumstances above-mentioned were
present in the commission of the offense.
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of a woman under any of the following circumstances: a) Through force, threat,
or intimidation; b) When the offended party is deprived of reason or otherwise
unconscious; c) By means of fraudulent machination or grave abuse of
authority; and d) When the offended party is under twelve (12) years of age or
is demented, even though none of the circumstances mentioned above be
present.
• AAA still felt severe pain in her private part when she
was being given a bath by her mother after her
molestation. The kind of pain could not have been the
result of mere superficial rubbing of accused
appellant's sex organ with that of the victim. Such pain
could be nothing but the result of penile penetration
sufficient to constitute rape.
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is imposed without eligibility for parole. (People vs Padit,
782 SCRA 562, February 01, 2016)
The crime of rape, defined under Article 266-A paragraph 1 of the Revised
Penal Code, as amended by Republic Act No. 8353, is committed by having
carnal knowledge of a woman under any of the three circumstances: (a)
through force, threat or intimidation; (b) when the offended party is deprived of
reason or is otherwise unconscious; (c) by means of fraudulent machination or
grave abuse of authority; and, (d) when the offended party is under twelve (12)
years of age or is demented, even though none of the circumstances
mentioned above be present. And penalized under Article 266-B by reclusion
perpetua or death.
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• In this case, the three (3) blows to the head with a stick
and several blows using his fist that caused AAA's
unconsciousness definitely enabled accused-appellant
to carry out his evil deed without any defense on the
part of the victim. He also testified that he boxed AAA
and when she fell, accused-appellant sat on her
stomach and boxed her again. (People of the Philippines vs.
Daryl Polonio y Tuangcay June 08, 2016 G.R. No. 211604
Leonardo-De Castro, J.)
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common-law husband of the victim such relationship or
circumstance shall not qualify the rape but only a
simple one. (People Of The Philippines vs. Vicente R.
Salvador, July 20, 2016 G.R. No. 217381 Reyes, J.)
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indispensable to the prosecution of a rape case. (People
vs Tuboro GR No. 220023 August 8, 2016)
FRUSTRATED MURDER
Evident Premeditation
not present
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• The essence of evident premeditation is that the execution
of the criminal act is preceded by cool thought and reflection
upon the resolution to carry out the criminal intent within a
space of time sufficient to arrive at a calm judgment.
• In this case, the Court views that the prosecution was unable
to establish the element of evident premeditation to qualify
the crime to frustrated murder.
MURDER
1. Treachery
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victim was just casually conversing with another person
at that time.
In this case, the victim was merely unwarily texting inside the
tent when the two men held him from behind so that the appellant
can deliver blows to his abdomen. The victim was too unprepared
and helpless to defend himself against these three men.
Furthermore, appellant's acts of dragging him to the nearby hut
and shooting him with a lead pipe (sumpak) evidently shows that
he consciously adopted means to ensure the execution of the
crime. (People vs Buenafe G.R. No. 212930 August 3, 2016)
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reasonable doubt. (People of the Philippines vs. JovenGeron y Yema August
24, 2016, G.R. No. 208758)
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THEFT
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1. The original criminal design of the malefactor is to commit
robbery
To warrant a conviction for Robbery with Homicide, the prosecution must prove the confluence of the
following elements:
(1) the taking of personal property with the use of violence or intimidation against a person;
(2) the property thus taken belongs to another;
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2. The qualifying circumstance of abuse of superior strength
considered as
a generic aggravating circumstance
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some of which were even found in the houses of his co-
accused.
• Even though the appellant only acted as a lookout he is
also guilty for the crime of Robbery with homicide because
there is a conspiracy between him and his co-accused.
• Conspiracy can be inferred from and established by the
acts of the accused themselves when said acts point to a
joint purpose and design, concerted action and community
of interests. There should be a proof establishing that the
accused were animated by one and the same purpose.
The State had satisfactorily established the essential elements of that felony:
"a) the taking of personal property is committed with violence or intimidation
against persons; b) the property taken belongs to another; c) the taking is done
with animo lucrandi, and d) the robbery is accompanied by rape
DOCTRINE The crime of robbery with rape is defined and penalized in Article
294, paragraph 1 of the Revised Penal Code (RPC), and sentencing them to
death. It is committed by any person who, with intent to gain, shall take any
personal property belonging to another, by means of violence or intimidation of
any person, or using force upon anything shall be guilty of robbery. When
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robbery is accompanied by rape, the penalty is reclusion perpetua to death.
Although the trial court imposed the death penalty, the CA correctly modified
the penalty to reclusion perpetua, without eligibility for parole, pursuant to RA
9346.
ESTAFA
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that the money, goods or other personal property is received by
the offender in trust or on commission, or for administration, or
under any other obligation involving the duty to make delivery of,
or to return, the same; (2) that there be misappropriation or
conversion of such money or property by the offender, or denial
on his part of such receipt; (3) that such misappropriation or
conversion or denial is to the prejudice of another; and (4) that
there is demand by the offended party to the offender.
Later, Hiroshi asked Belen to check the state of the factory because the
petitioners had been rejecting his phone calls. Belen saw a two-door studio-
type apartment, instead of a two-storey factory, and took pictures of the same.
Hiroshi was never shown the plan for a two-door studio-type apartments, which
Rosalinda presented in court.
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COMPLEX CRIME OF
ESTAFA THRU FALSIFICATION OF PUBLIC DOCUMENT.
Elements
SYNDICATED ESTAFA
Not present
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samahangnayon(s), or farmers association, or of funds solicited by
corporations/associations from the general public.
Manzano is not guilty of estafa. Our laws penalize criminal fraud which
causes damage capable of pecuniary estimation through estafa under Article
315 of the Revised Penal Code. In general, the elements of estafa are:
1. That the accused defrauded another (a) by abuse of confidence, or (b) by
means of deceit; and
2. That damage or prejudice capable of pecuniary estimation is caused to
the offended party or third person.
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• In this case, the petitioner failed to show that Manzano
personally received the P2,800,000 from petitioner with
the duty to hold it in trust for or to make delivery to the
latter.
Estafa under Article 315, paragraph 2(a) of the Revised Penal Code is
committed by any person who defrauds another by using fictitious name, or
falsely pretends to possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions, or by means of similar deceits
executed prior to or simultaneously with the commission of fraud.
The elements of estafa by means of deceit are the following: (a) that
there must be a false pretense or fraudulent representation as to his power,
influence, qualifications, property, credit, agency, business of imaginary
transactions; (b) that such false pretense or fraudulent representation was
made or executed prior to or simultaneously with the commission of the fraud;
(c) that the offended party relief on the false pretense, fraudulent act, or
fraudulent means and was induced to part with his money or property; and (d)
that, as a result thereof, the offended party suffered damage.
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• Such misrepresentation came before private
complainants delivered various amounts for purportedly
travel expenses and visa assistance to appellant.
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