P V.

Tac-an

Facts
Renato Tac-an appealed the decision of the RTC of Tagbiliran City, convicting him of qualified
illegal possession of a firearm and ammunition in Criminal Case No. 4007 and of murder in Criminal
Case No. 4012 and imposing upon him the penalty of death in both cases.

Issue
Whether or not the court erred in not holding that the defendant was placed twice in double
jeopardy?
Whether or not the killing was justified?

Held
The decision of the trial court is hereby modified in the following manner and to the following
extent only:
1. In Criminal Case No. 4007, appellant shall suffer the penalty of reclusion perpetua;
2. In Criminal Case No. 4012- (a) the aggravating circumstances of evident premeditation and of
having acted with contempt of or insult to the public authorities shall be deleted and not taken into
account; and (b) the special aggravating circumstances of acting while under the influence of dangerous
drugs and with the use of an unlicensed firearm shall similarly be deleted and not taken into account.
There being no generic aggravating nor mitigating circumstances present, shall the appellant suffer the
penalty of reclusion perpetua.

P V. Ladjaalam

Facts
Walpan Ladjaalam y Mihajil appeals before us the decision of the Regional Trial Court (RTC) of
Zamboanga City, which he was found guilty of three out of the four charges lodge against him.

Issue
Whether or not the accused was deprived of the request of ocular inspection?
Whether or not the guilt of the accused-appellant was proved beyond reasonable doubt?

Held

The appealed decision is hereby affirmed with modification that appellant is found guilty only of
two offenses: (1) direct assault and multiple attempted homicide with the use of a weapon; and (2)
maintaining a drug den, for which he was correctly sentenced by the trial court to reclusion perpetua.
Costs against appellant.

Wright V. CA
Facts
The decision of RTC ordering the deportation of the petitioner was further affirmed by CA. Petitioner
contends that giving retroactive effect to the provisions of the Treaty of Extradition amounts to expost
facto law which violates Sec. 21 of Art. VI of the Constitution.

Issue
Whether or not the treaty violate the Constitutional prohibition against ex post facto law?

Held
The treaty provides for the extradition of persons wanted for prosecution of an offense or crime
which offense or crime was already committed or consummated at the time the treaty was ratified.
Nicolas V. Romulo

Facts
These are petitions for certiorari, as special civil actions and/ or for review of the decision of the CA in
Lance Corporal Daniel J. Smith v. Hon. Benjamin T. Pozon. The accused-appellant was charged with the
crime rape.
Issue
Whether or not Sec. 10 of Art. V of VFA is valid and applicable?

Held

The petitions are partly granted. The respondent Sec. of Foreign Affairs is hereby ordered to
negotiate with the U.S. representatives for the appropriate agreement on the detention facilities under
Philippine authorities as provided in Art. V, Sec. 10 of the VFA, pending which the status quo shall be
maintained until further orders by this Court.

Shauf v. CA 191 SCRA 713

SHAUF vs. COURT OF APPEALS
Petition for certiorari to review the decision of CA with the condition that if a vacancy occurs, she will
be automatically selected to fill the vacancy. But if no vacancy occurs after 180 days, she will be released
but will be selected to fill a future vacancy if she’s available. Shauf accepted the offer. During that time,
Mrs. Mary Abalateo’s was about to vacate her position. But Mrs. Abalateo’s appointment was extended
thus, Shauf was never appointed to said position. She claims that the Abalateo’s stay was extended
indefinitely to deny her the appointment as retaliation for the complaint that she filed against Persi.
Persi denies this allegation. He claims it was a joint decision of the management & it was in accordance
of with the applicable regulation.

ISSUE:

WON private respondents are immune from suit being officers of the US Armed Forces
HELD:

Respondents ordered, jointly and severally, to pay petitioners the sum of P100K as moral damages, P20K
for atty’s fees.

Samson V. CA
Facts
Appellant Samson was found guilty of committing the crime of estafa through gross
imprudence. Dissatisfied with his conviction, Samson sued out the present petition for review.

Issue
Whether or not the acts done by the appellant constitute gross imprudence?

Held
Reckless imprudence is not a crime in itself. It is simply a way of committing it and
merely determines a lower degree of criminal. The information alleges, that tha appellant acted wilfully,
maliciously, unlawfully and criminally. To this information no objection was interposed. Negligence
being a punishable criminal act when it results in a crime, the allegation in the information that the
appellant also committed the acts charged unlawfully and criminally includes the charge that acted with
negligence.

US V. Valdez

Facts
The accused Calixto Valdez, acting as helmsman abused his men with offensive epithets. Upon
this, Venancio Gargantel remonstrated, saying that it would be better, if he would not insult them.
Valdez took this remonstrance as a display of subordination; and rising in rage he moved towards
Venancio, with a big knife in hand, threatening to stab him. In great fear, Venancio threw himself into
the water and got drowned.

Issue
Does accuse incur criminal responsibility being the cause of death of the victim?

Held
If man creates in another’s mind an immediate sense of danger which causes such person to try
to escape, and in so doing he injures himself, the person who creates such state of mind is responsible
for the injuries which result.

P V. Saladino
Facts
Corado Salandino y Dingle was convicted of three (3) counts of rape and one (1) attempted rape of and
sentenced to death. Consenquently, the above named accused filed a petition for review.
Issue
Whether or not the complainant alleged minority and relationship in the Information to qualify the
crime as punishable by death?
Held
Accused-appelant Conrado Saladino y Dingle is found guilty of the (3) counts of Simple Rape and
sentenced to suffer the reclusion perpetua for each count.

P V. ORITA
Facts
The accused, Celito Orita, was charged with the crime of the crime of rape before the RTC, Branch II,
Borangan, Eastern Samar.
The above named accused with purpose and with threats and intimidation, did then and there wilfully,
unlawfully and feloniously lay with and succeeded in having sexual intercourse with Cristina S. Abayan
against her will.
Issue
Whether or not the crime committed by the accused is frustrated rape?
Held
Art. 335, paragraph 3, of the RPC provides that whenever the crime of rape is committed with the use of
a deadly weapon, the penalty weapon, the penalty shall be reclusion perpetua to death.
*A crime cannot be attempted unless the offender, after beginning the commission of the crime by
overt acts, is prevented, against his will, by some outside cause from performing all the acts which
should produce the crime.
*If he has performed all of the acts which should result in the consummation of the crime and voluntary
desists from proceeding the further, it cannot be attempted. The essential element which distinguishes
attempted from frustrated felony is that, in the latter, there is no intervention of a foreign or extraneous
cause or agency between the beginning of the commission of the crime and at the moment when all the
acts have been performed which should result in the consummated crime; while in the former there is
such intervention and the offender does not arrive at the point of performing all the acts which should
produce the crime. He stopped short of that point by some cause apart from his voluntary desistance.
*The crime of rape, from the moment the offender has a carnal knowledge of his victim he actually
attains his purpose and, from that moment also all the essential elements of the offense have been
accomplished.
P V. Bohol

Facts
On appeal is the decision of the CA affirming the decision of the RTC of Manila, convicting
appellant Ricardo Bohol of violating some provisions of R.A. 91655 also known as the Comprehensive
Dangerous Drugs Act of 2002.
Issue
Whether or not the accused-appellant’s search and arrest as illegal?

Held
The arrest of Bohol is legal. The Constitution proscribes unreasonable arrest, search and seizure
can be made without a valid warrant issued by competent judicial authority. However, it is a settled
exception to the rule that an arrest made after an entrapment operation does not require a warrant.
Such warrantless arrest is considered reasonable and valid.

P V. Pinto

Facts

Accused Narciso Buenaflor, Jr. and Daniel Pinto, Jr. were found guilty of killing Bello but also 9-
year old Richard Tiongson and Rosalio Andes and seriously wounding Maria Theresa Tiongson.

Issue

Whether or not the accused can be held liable for different and distinct crime they actually
committed?

Held

It is not even necessary to pinpoint who between Pinto and Buenaflor actually caused the death of
Richard or the wounding of Maria Theresa in the presence of proof beyond reasonable doubt that they
acted in conspiracy with each other.

P V. Paycana

Facts
Appellant Jesus Paycana Jr. was charged with complex crime of parricide with unintentional
abortion before the RTC of Iriga City. Appellant pleaded not guilty during the arraignment. Pre-trial
ensued, in which appellant admitted that the victim Lilybeth Balandra-Paycana who is his legitimate
wife.

Issue
What penalty shall be imposed if the crime committed is complex crime?

Held
In complex crime, the penalty for the most serious crime shall be imposed, the same shall be
applied in its maximum period irrespective of the presence of modifying circumstances. Applying the
said provision of law, the maximum penalty for the most serious crime (parricide) is death commuted to
reclusion perpetua.

P V. Sicat
Facts
This is an appeal from the decision of the RTC of Tarlac, finding the accused Fernando Sicat
guilty of Parricide committed against his legal wife Aida Sicat.

Issue
Whether or not the accused acted in self defense to justify his act?
Held
Self defense is further negated by the manner of infliction and the number of physical injuries
sustained by his wife. The appellant’s wife suffered six (6) stab wounds, two (2) of which were fatal
wounds. The stabbing of the wife was not even necessary.

Mahawan V. P

Facts

Petitioner Fernando Mahawan filed a petition for review the decision of the CA affirming in toto
the Decision of Cebu RTC, finding him guilty of frustrated homicide.

Issue

Whether or not the Honorable CA erred in affirming that the second and third elements of self-
defense are wanting in the case at bar?
Whether or not CA erred in concluding that the petitioner failed to establish that unlawful
aggression preceded his attack on the private offended party?

Held

We have held that crime of frustrated homicide is committed if the following are present: (1)
the accused intended to kill his victim, as manifested by his use of deadly weapon in his assault; (2) the
victim sustained fatal or mortal wound/s but did not die because of timely medical assistance; and (3)
none of the qualifying circumstance for murder under Article 248 of the RPC is present.

Ang V. CA

Fats
This case concerns a claim of commission of the crime of violence against women when a former
boyfriend Rustan Ang sent to Irish Sagud of a naked woman, not her, but with her face on in.
Issue
Whether or not the RTC properly admitted in evidence the obscene picture presented in the
case?

Did the prosecution prove each and every element of the crime charged beyond reasonable
doubt?

Held
The objection to the admissibility of the obscene picture is too late since he should have
objected to the admission of the picture on such ground at the time it was offered in evidence.

P V. Sy

Facts
Jason Sy was charged before the RTC of San Fernando, Pampanga, finding the accused-appellant
guilty of illegal sale of shabu.

Issue
Whether or not there is extortion exerted on the part of the accused-appellant?

Held
The testimony of the buy-bust team established that an entrapment operation was legitimately
and successfully carried out, where the accused appellant was caught selling grams of shabu.
The decision of the court is hereby affirmed.

P V. Malejana
Facts
A petition for review on certiorari of the decision of RTC, Sorsogon convicting appellant Floro
Malejana of murder.

Issue
Can passion and obfuscation be appreciated in favour of the appellant?

Held

To be entitled to this mitigating circumstances, the following, the following elements must be
present: (1) there should be an act both unlawful and sufficient to produce such condition of mind; (2)
the act the produced the obfuscation was not far removed from the commission of the crime by
considerable length of time, during which the perpetrator might recover his equal equanimity. The bare
assertion that the victim and appellant had an argument does not provide justifiable basis for applying
to him this mitigating circumstance.
 P V. Sayaboc

Facts
The trial court found Benjamin Sayaboc guilty of the crime murder. Appellants contend that the
extrajudicial confession of Sayaboc may not be admitted in evidence against him because Atty. Cornejo,
the lawyer during his custodial examination, was not a competent and independent lawyer.

Issue
Whether or not judicial confession of Sayaboc is not admissible in evidence?

Held
Our jurisprudence provides that extrajudicial confessions are presumed to be voluntary. The
condition for this presumption, however, is that the prosecution is able to show that the constitutional
requirement safely guarding the accused rights during custodial investigation has been denounced.

P V. Cayabyab

Facts
Accused-appellant Benjamin Cayabyab was charged with the crime murder that is committed
against Rommel P. Torio.

Issue

Whether or not the court erred in appreciating the aggravating circumstance of night time?
Held
Night time is not an aggravating circumstance. It becomes so only when (1) it is specially sought
by the offender; (2) it is taken advantage of by him, (3) it facilitates the commission of the crime, by
insuring the offender’s immunity from capture. In the instant case, other than the time of the crime,
nothing else suggests that appellant deliberately availed himself, or took advantage, of the circumstance
of nigtime.

P V. Regalario
Facts
The accused-appellant Ramon Regalario was found guilty of the crime murder among others and
was sentenced to suffer the penalty of reclusion perpetua.

Issue
Did the court err in finding that there was conspiracy among the accused and that the
commission of the offense was attended by the qualifying circumstances of abuse of superior strength
and scoffing at the body of the victim?

Held
 Both the CA and the trial court were correct in appreciating the qualifying circumstance of abuse
of superior strength in killing the victim. To take advantage of superior strength is to use force out of
proportion to the means available to the person attacked to defend himself. In the case, as testified to
by the prosecution eyewitnesses, accused-appellants Ramon, Sotero, and Bienvinido, with exception of
Marciano, were armed with nightsticks while Noel was holding knife. Clearly they took advantage of
their superiority in umber and arms in killing the victim, as shown by numerous wounds the latter
suffered in different parts of his body.

P V. Guevarra

This is a petition for review on certiorari decision of CA affirming with modification on the
damages the decision of the RTC, finding Rodolfo Guevarra and Joey Guevarra guilty of the crimes of
frustrated homicide and homicide.

Issue
Whether or not the petitioners acted in self defense?

Held
As the RTC and CA did, we find the absence of the element of unlawful aggression on the part
of the victims. As the prosecution fully established, Erwin and David were just passing by the petitioner’s
compound when David was suddenly attacked by Joey while Erwin was attacked by Rodolfo. These,
circumstances, coupled with the nature and number of wounds sustained by the victims, clearly show
that the petitioners did not act in self defense in killing David and ounding Erwin. The petitioners were,
in fact, the real aggressors.

People V. Abdul
Facts
This is an appeal from the decision of the Regional Trial Court of Basilan, Branch 2, dated July 1,
1996, finding the accused-appellant Minya Abdul guilty beyond reasonable doubt of the crime of
Robbery with Double Homicide and Triple Frustrated Homicide in Criminal Case No. 1445-51.
Issues
Whether or not the accused-appellant participated in the commission of the crime?
Whether the prosecution has established the fact of death and injuries of the victims beyond reasonable
doubt?
Held
The appealed decision of the Regional Trial Court is hereby MODIFIED, and the accused-
appellant is found GUILTY OF ROBBERY WITH HOMICIDE and is sentenced to reclusion PERPETUA.
Accused-appellant is further ordered to pay the heirs of Annih Tanjing and Abraham Anuddin P50,
000.00 each as death indemnity.
 P V. TINO
Facts
For the death of Francisco Miguel, eight persons were charges with the crime Robbery
with Homicide. Among the accused were: Moises Moka Fernandez, Florentino “Tino” Dalmata ,
Modesto Mongkil, and Enilio Manib, alias Bitong, alias Gabriel, alias Antes, and alias Brahim.

Issue
Whether or not the accused conspired in killing the victim?

Held
The question of who shot the victim is immaterial because conspiracy has been
established. We have ruled that respective acts hacking and firing at the victim and strafing the
house and setting it on fire show unity of action and a singleness of purpose. It is sufficient that
at the time of the aggression, all the accused manifested by their acts a common intent or desire
to attack so that the act of one accused becomes the act of all.

P V. Amion
Facts
SPO2 Baltazar Amion, a member of Bacolod City Police Office was charged of the crime of
Murder for the death of PO3 Victor Vaflor, a member of the Escalante Police Station.

Issues
Whether or not the accused-appellant took advantage of his public position in killing the victim?

Held
Although the victim was killed with appellant’s armalite rifle which was issued to him there was
nothing to show that the appellant took advantage of his position. In the absence of proof that
advantage was taken by the appellant, the aggravating circumstance of abuse of position could not be
properly appreciated against him.

P V. Santiago

Facts
For review is the decision CA affirming with modification RTC, Manila finding accused-appellants
Edgardo G. Santiago, Vicente Santiago, and Vladimir S. Amado guilty of illegal sale of shabu, and
imposing upon them the death penalty.

Issue
Whether or not the lower court erred in appreciating conspiracy as an aggravating circumstance
which was not even alleged in the information and was not proven at all?

Held
 The aggravating circumstance was not specifically alleged in the information. Both law and
jurisprudence require aggravating circumstances to be expressly and specifically alleged in the complaint
or information; otherwise, the same will not be considered by the court even proved during the trial.