CRIMINAL LAW 1 Case Digests 2019-2020

1. JOEY P. MARQUEZ v. SANDIGANBAYAN 5TH DIVISION, GR Nos.

187912-14, 2011-01-31
Facts:

Through this petition for certiorari, prohibition and mandamus with prayer for the
issuance of temporary restraining order and/or writ of preliminary injunction,[1] petitioner Joey
P. Marquez (Marquez) assails the 1] February 11, 2009 Resolution[2] of the 5th Division of the
Sandiganbayan (SB-5th Division) in Criminal Case Nos. 27903, 27904 and 27905; and its 2] May
20, 2009 Resolution[3] denying his motion for reconsideration. In the assailed issuances, the SB-
5th Division denied Marquez's Motion to Refer Prosecution's Evidence for Examination by the
Questioned Documents Section of the National Bureau of Investigation (NBI). From the records,
it appears that as a result of the Report on the Audit of Selected Transactions and Walis Ting-
ting for the City of Parañaque for the years 1996 to 1998, conducted by the Special Audit Team of
the Commission on Audit (COA), several anomalies were... discovered involving Marquez, then
City Mayor and Chairman of the Bids and Awards committee of Parañaque City; and Ofelia C.
Caunan (Caunan), Head of the General Services Office of said city. It was found that, through
personal canvass and without public bidding, Marquez and Caunan secured the procurement of
several thousand rounds of bullets of different calibers that were grossly overpriced from VMY
Trading, a company not registered as an arms and ammunitions... dealer with either the Firearms
and Explosives Division of the Philippine National Police (PNP) or the Department of Trade and
Industry (DTI). Finding the transactions anomalous, the COA Special Audit Team issued
Notices of Disallowances for the overpriced ammunitions. Marquez and Caunan sought
reconsideration of the findings of the team, but their plea was denied. Aggrieved, they elevated
the matter to the COA... but their appeal was denied. At the Office of the Ombudsman (OMB),
in answer to the charges filed against them, Marquez and Caunan filed their Joint Counter
Affidavit[4] with the Evaluation and Preliminary Investigation Bureau of said office. In the said
affidavit, the two... insisted on the propriety of the transactions and raised the pendency of their
appeal with the COA. Having found probable cause to indict them for violation of Section 3 (e)
of Republic Act (R.A.) No. 3019, the OMB, through the Office of the Special Prosecutor (OSP),
filed three (3) informations[5] against Marquez and Caunan. The cases were raffled... to the
Fourth Division of the Sandiganbayan (SB-4th Division). Before arraignment, on November 24,
2003, alleging discovery of the forged signatures, Marquez sought referral of the disbursement
vouchers, purchase requests and authorization requests to the NBI and the reinvestigation of the
cases against him.[6] These were denied by the OSP.

On May 20, 2008, Justice Ong and Justice Hernandez recused themselves from further
participating in the cases. The cases were then raffled to the SB-5th Division.
 CRIMINAL LAW 1 Case Digests 2019-2020

Thereafter, on July 4, 2008, Marquez filed the subject Motion to Refer Prosecution's
Evidence for Examination by the Questioned Documents Section of the National Bureau of
Investigation. In his motion, he again insisted that his purported signatures on the vouchers
were... forged. By way of Comment/Opposition to the motion, the prosecution argued that its
documentary exhibits had already been formally offered in January 2006 and had been duly
admitted by the anti-graft court. The prosecution added that, when confronted with the
questioned transactions... during the COA audit investigation, Marquez never raised the defense
of forgery. Instead, he insisted on the propriety of the transactions. He did not claim forgery
either when he filed his Joint Counter-Affidavit with the OMB. Also, in his verified Motion for
Reconsideration... dated May 29, 2003 and Supplemental Motion dated July 1, 2003 filed with
the COA, no allegation of forgery was made. The prosecution pointed to Section 4, Rule 129 of
the Revised Rules of Court[7] and posited that since Marquez alleged in his pleadings that he
had relied on the competence of his subordinates, there could be no "palpable mistake," thus, he
was estopped... from alleging that his signatures on the subject documents were forged. The
prosecution accused Marquez of filing the motion merely to delay the proceedings.[8]

Issues:

THAT THE PUBLIC RESPONDENT SANDIGANBAYAN - 5TH DIVISION COMMITTED

GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION
WHEN IT ISSUED ITS RESOLUTIONS RESPECTIVELY DATED FEBRUARY 11, 2009 AND
MAY 20, 2009 DENYING THE

PETITIONER'S MOTION TO REFER PROSECUTION'S EVIDENCE FOR EXAMINATION

BY THE QUESTIONED DOCUMENTS SECTION OF THE NATIONAL BUREAU OF
INVESTIGATION WHICH DENIAL IS IN VIOLATION OF HIS RIGHT TO PRESENT
EVIDENCE AND HIS TWIN CONSTITUTIONAL RIGHTS TO DUE PROCESS AND EQUAL
PROTECTION OF LAW.

Ruling:

WHEREFORE, the petition is GRANTED. The February 11, 2009 and May 20, 2009 Resolutions
of the 5th Division of the Sandiganbayan in Criminal Case Nos. 27903, 27904 and 27905 are
hereby REVERSED and SET ASIDE. The 5th Division of the Sandiganbayan is hereby ordered to
allow the petitioner Joey P. Marquez to refer the evidence of the prosecution to the Questioned
Documents Section of the National Bureau of Investigation for examination as soon as possible
and, after submission of... the results to the court and proper proceedings, to act on the case
with dispatch.

Principles:
 CRIMINAL LAW 1 Case Digests 2019-2020

One of the most vital and precious rights accorded to an accused by the Constitution is
due process, which includes a fair and impartial trial and a reasonable opportunity to present
one's defense. Under Section 14, Article III of the 1987 Constitution, it is provided... that:

(1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed
of the nature and cause of the accusation against him, to have a speedy, impartial, and public...
trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance
of witnesses and the production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused provided that he has been... duly notified
and his failure to appear is unjustifiable. (emphasis supplied)

In this connection, it is well settled that due process in criminal proceedings requires
that (a) the court or tribunal trying the case is properly clothed with judicial power to hear and
determine the matter before it; (b) that jurisdiction is lawfully acquired by it over the... person of
the accused; (c) that the accused is given an opportunity to be heard; and (d) that judgment is
rendered only upon lawful hearing.

While the Constitution does not specify the nature of this opportunity, by necessary
implication, it means that the accused should be allowed reasonable freedom to present his
defense if the courts are to give form and substance to this guaranty. Should the trial court fail
to... accord an accused reasonable opportunity to submit evidence in his defense, the exercise by
the Court of its certiorari jurisdiction is warranted as this amounts to a denial of due process.

3. SALVADOR vs PEOPLE.
559 SCRA 461, July 23, 2008

FACTS:

Nover Salvador lived in the house of his parents-in-law, Spouses Ernesto and Margarita
Zuniga, together with his wife who is one of the 3 daughters of Sps. Zunigathe and the victim,
Arlene and another sister of his wife. Arlene’s parents and her other sister went to the wake of a
relative and the petitioner’s wife and Arlene stayed in their house. Nover asked permission to
attend a birthday party.

Nover accompanied by a friend returned home at around 9pm to get some karaoke tapes
and they went back to the party where Nover stayed until 12 midnight before heading home.
The morning after when the parents and sister arrived home from the wake, Arlene was found
dead with stab wounds. While petitioner’s wife proceeded to Arlene’s room, petitioner stayed at
the sala and cried. He was later seen embracing his wife and telling her that he was innocent.
Police found that there was no showing of forced entry into the house, no valuables were
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missing and no bloodstains in other parts of the house except in Arlene’s room. They, likewise,
found the petitioner’s underwear (briefs), tshirt and short pants on top of the kitchen table.
They also found strands of hair on Arlene’s bed. These evidences were brought to the laboratory
for examination.

The medico-legal of the National Bureau of Investigation (NBI) conducted an autopsy of

the deceased and he found that Arlene suffered 21 stab wounds produced by a pointed
instrument, one side of which was sharp like a balisong or a kitchen knife. He further declared the
possibility that Arlene struggled with the assailant before she died. The NBI also examined the
petitioner’s briefs, t-shirt and short pants, and found that the briefs and shirt were positive of
type “O” human blood, Arlene’s blood type.

The aforementioned facts were established during the prosecution’s presentation of

evidence. It was further testified to by the witnesses that—petitioner owned a knife otherwise
known as balisong, which he usually brought every time he went out. Ill motive was shown by
petitioner’s previous act of peeping through the bathroom and Arlene’s room on two
occasions—while she was taking a bath and while she was inside the room with Marianne. For
his part, all that the petitioner could offer was bare denial of the accusations against him.

The RTC found him guilty of homicide in which it considered the circumstantial
evidence sufficient to establish the petitioner’s guilt.

For recit purposes:

“(1) The perpetrator did not use any force or destroy any portion of the house to get inside the house. This implies
that the perpetrator is an occupant of the house. The allegation of the accused that the main door of the house was
open when he returned to get the tape is difficult to believe. It is unthinkable Arlene and Mary Ann, who are both
female, would not take the necessary precaution for their own protection such as locking the door of the house.

(2) There were no personal belongings missing in the house. This shows that the person who entered the room of the
victim had no intention to steal. This fact can better be appreciated if we consider the evidence that the accused was
caught many times peeping at Arlene during her lifetime; and that [bloodstains] were found not in the short pants
of the accused but in his Hanford brief and T-shirt.

(4) That the accused was seen by his parents-inlaw and her sister-in-law and his friend in many occasions to have
in [his] possession a “balisong” or “beinte (sic) nueve.” The disappearance of said bladed weapon and his denial
that he ever owned the same are intriguing because, according to expert testimony, the stab wounds sustained by
 CRIMINAL LAW 1 Case Digests 2019-2020

the victim were produced by a pointed instrument one side of which is sharp like a “balisong” or “beinte (sic)
nueve.”

(5) The presence of human blood with type “O” in the t-shirt and brief of the accused, the finding that the blood type
of the victim belongs to groupd (sic) “O,” and the circumstance that the accused had suffered no scratches or wound
from which to come blood to stain his T-shirt and brief are revealing and could only lead to the conclusion that the
victim was the source of the blood found in the T-shirt and brief of the accused.

(7) The unusual behavior of the accused after the discovery of the dead body of Arlene betrayed the accused. The
parents testified that the accused was seen crying and telling his wife that it was innocent when he has not known of
Arlene’s death and they have not pointed at him as the killer. The actuation of the accused then was that of a
perpetrator of the crime with troubled conscience.”

ISSUES

Whether or not the accused is guilty by means of circumstantial evidence that proved and
established beyond reasonable doubt of the crime of homicide.

RULING

Yes. Direct evidence of the crime is not the only matrix wherefrom a trial court may draw
its conclusion and finding of guilt. The rules of evidence allow a trial court to rely on
circumstantial evidence to support its conclusion of guilt. Circumstantial evidence is that
evidence which proves a fact or series of facts from which the facts in issue may be established
by inference. At times, resort to circumstantial evidence is imperative since to insist on direct
testimony would, in many cases, result in setting felons free and deny proper protection to the
community.

All the circumstances must be consistent with one another, consistent with the
hypothesis that the accused is guilty, and at the same time inconsistent with the hypothesis that
he is innocent. Thus, conviction based on circumstantial evidence can be upheld, provided that
the circumstances proven constitute an unbroken chain which leads to one fair and reasonable
conclusion that points to the accused, to the exclusion of all others, as the guilty person.

Intent to kill was duly established by the witnesses when they testified relative to the
“peeping incident.” Although there was no evidence or allegation of sexual advances, such
incident manifested petitioner’s evil motive. It is a rule in criminal law that motive, being a state
of mind, is established by the testimony of witnesses on the acts or statements of the accused
before or immediately after the commission of the offense, deeds or words that may express it or
from which his motive or reason for committing it may be inferred. Motive and intent may be
considered one and the same, in some instances, as in the present case.
 CRIMINAL LAW 1 Case Digests 2019-2020

The DNA analysis made by the NBI expert placed the petitioner at the scene of the crime.
Such evidence was considered, together with the other circumstances. The individual pieces of
evidence may not be sufficient to point to the accused as the author of the crime. However,
when taken together, they are more than enough to establish beyond reasonable doubt that
petitioner committed the crime of homicide.

4. VIOLETA BAHILIDAD, VS. PEOPLE OF THE PHILIPPINES

March 17, 2010

FACTS:

A Special Audit team conducted a conducted an investigation acting upon a complaint

filed by a "Concerned Citizen of Sarangani Province" with the Office of the Ombudsman-
Mindanao against Mary Ann Gadian, Amelia Carmela Zoleta, Sheryll Desiree Tangan, Public
officials of Saranggani province, for their alleged participation in the scheme of giving fictitious
grants and donations using funds of the provincial government.

Based on its findings, Release of financial assistance intended to NGOs/POs and LGUs
were fraudulently and illegally made thus local development projects do not exist, Financial
Assistance were also granted to Cooperatives whose officials and members were mostly
government personnel or relative of the officials of Sarangani Province.

Included in the list of alleged fictitious associations that benefited from the financial
assistance given to certain Non-Governmental Organizations (NGOs), Peoples Organizations
(POs), and Local Governmental Units (LGUs) was Women in Progress (WIP), which received a
check in the amount of P20,000.00, issued in the name of herein petitioner Bahilidad, as the
Treasurer thereof.

By falsifying or causing to be falsified the corresponding Disbursement Voucher No. 101-

2002-01-822 and its supporting documents, making it appear that financial assistance had been
sought by Women in Progress, Malungon, Sarangani, represented by its President Amelia
Carmela C. Zoleta (Zoleta, who was the daughter of Vice-Governor Constantino, and
simultaneously an Executive Assistant III in the latters office.)

Sandiganbayan found petitioner Bahilidad (alleged treasurer) and Zoleta guilty beyond
reasonable doubt of Malversation of Public Funds through Falsification of Public Documents.
petitioner was found guilty of conspiring with Zoleta and other public officials in the
commission of the crime of Malversation of Public Funds through Falsification of Public
Documents. The trial court relied on the dictum that the act of one is the act of all.

ISSUE: WoN Bahilidad was correctly found guilty of conspiring with the said public officials?

HELD:
 CRIMINAL LAW 1 Case Digests 2019-2020

NO. Other than her being named as the payee, however, there were no overt acts
attributed to her adequate to hold her equally guilty of the offense proved. There was no
showing that petitioner had a hand in the preparation of the requirements submitted for the
disbursement of the check. There was no evidence presented that she was instrumental to the
issuance of the check in favor of WIP, nor was there any showing that she interceded for the
approval of the check. Why the check was issued in her name and not in the name of WIP is
beyond cavil, but this was not incumbent upon her to question.

On being informed by Melanie Remulta that WIPs request for financial assistance was
granted, petitioner went to the provincial capitol to claim the check, because the check was
issued in her name as the Treasurer of WIP. She later encashed the check and distributed the
proceeds to the different members of WIP. There were acknowledgment receipts

The Sandiganbayan faulted petitioner for immediately encashing the check, insisting
that she should have deposited the check first. Such insistence is unacceptable. It defies logic.
The check was issued in petitioners name and, as payee, she had the authority to encash it. The
Disbursement Voucher (No. 101-2002-01-822) clearly states that she is the WIP treasurer, and
the purpose of the voucher is to cash advance financial assistance from grants and donations for
Winds Malugon, Sarangani as per supporting papers hereto attached. Petitioners action cannot,
in itself, be considered as specious.

5. GARCIA vs CA
FACTS: On May 11, 1995, within the canvassing period of 1995 senatiorial elections, Aquilino
Pimintel, Jr., was informed that Arsenia Garcia (Arsenia), along with her co-conspirators,
willfully and unlawfully decreased the number of votes of the candidate from 6,998 to 1921 votes.

Pimintel filed a complaint against Asenia and her co-conspirators. All the accused was acquited
due to lack of evidence except for Arsenia who was found guilty of the crime defined under
Republic Act 6646, Section 27 (b) for decreasing the votes of Senator Pimentel in the total of
5,034 and in relation to BP Blg. 881.

Petitioner appealed to CA which also affirmed the decision of the RTC.

Arsenia appealed to SC, contending that the judgment of CA is erroneous and there was no
motive on her part to reduce the votes of private complainant.

Respondent on the other hand contends that good faith is not a defense in the violation of an
election law, which falls under the class of mala prohibita.

ISSUES: (1) Whether or not a violation of Section 27(b) of Rep. Act No. 6646, classified under
mala in se.
 CRIMINAL LAW 1 Case Digests 2019-2020

(2) Whether or not good faith and lack of criminal intent be valid defenses?

HELD: (1) YES. Section 27(b) of Republic Act No. 6646 provides: Any member of the board of
election inspectors or board of canvassers who tampers, increases, or decreases the votes
received by a candidate in any election or any member of the board who refuses, after proper
verification and hearing, to credit the correct votes or deduct such tampered votes.

Clearly, the acts prohibited in Section 27(b) are mala in se. For otherwise, even errors and
mistakes committed due to overwork and fatigue would be punishable.

(2) NO. Public policy dictates that extraordinary diligence should be exercised by the members
of the board of canvassers in canvassing the results of the elections. Any error on their part
would result in the disenfranchisement of the voters. The Certificate of Canvass for senatorial
candidates and its supporting statements of votes prepared by the municipal board of canvassers
are sensitive election documents whose entries must be thoroughly scrutinized.

The instant petition is DENIED. The assailed Decision of the Court of Appeals sustaining
petitioners conviction but increasing the minimum penalty in her sentence to one year instead of
six months is AFFIRMED.

Additional input:
Generally, mala in se felonies are defined and penalized in the Revised Penal Code. When the
acts complained of are inherently immoral, they are deemed mala in se, even if they are punished
by a special law. Accordingly, criminal intent must be clearly established with the other
elements of the crime; otherwise, no crime is committed. On the other hand, in crimes that are
mala prohibita, the criminal acts are not inherently immoral but become punishable only
because the law says they are forbidden. With these crimes, the sole issue is whether the law has
been violated. Criminal intent is not necessary where the acts are prohibited for reasons of
public policy.

7. Ysidoro vs. People of the PH

G.R NO. 192330, NOV 14, 2012

FACTS:.

The Office of the Ombudsman for the Visayas accused Arnold James M. Ysidoro before
the Sandiganbayan in Criminal Case 28228 of violation of illegal use of public propertry
(technical malversation) under Article 220 of the Revised Penal Code.
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The Municipal Social Welfare and Development Office (MSWDO) of Leyte, Leyte,
operated a Core Shelter Assistance Program (CSAP) that provided construction materials for
the indigent calamity victims with which to rebuild their homes.

Lolita Garcia, the CSAP Officer-in-Charge sought the help pf Cristina Polinio, an officer
of theMSWDO in charge of the municipality’s Supplemental Feeding Program (SFP) that
rationed food to malnourished children. Polinio told Garcia that the SFP still had sacks of rice
and boxes of sardines in its storeroom. And since she had already distributed food to the mother
volunteers, what remained could be given to the CSAP beneficiaries.

Polonio and Garcia went to petitioner Arnold James M. Ysidoro, the Leyte Municipal
Mayor, to ask for his approval. Petitioner approved the release and signed the withdrawal slip
for four sacks of rice and two boxes of sardines worth P3,396.00 to CSAP.

On August 27, 2001 Alfredo Doller, former member of the Sangguniang Bayan of Leyte,
filed a complaint against Ysidoro for committing technical malversation when he approved the
distribution of SFP goods to the CSAP beneficiaries.

In his defense, Ysidoro claims that the diversion of the subject goods to a project also
meant for the poor of the municipality was valid since they came from the savings of the SFP and
the Calamity Fund. Ysidoro also claims good faith, believing that the municipality’s poor CSAP
beneficiaries were also in urgent need of food.

On February 8, 2010 the Sandiganbayan found Ysidoro guilty beyond reasonable doubt of
technical malversation. But, since his action caused no damage or embarrassment to public
service, it only fined him P1,698.00 or 50% of the sum misapplied. The Sandiganbayan held that
Ysidoro applied public property to a public purpose other than that for which it has been
appropriated by law or ordinance. On May 12, 2010 the Sandiganbayan denied Ysidoro’s motion
for reconsideration. On June 8, 2010 Ysidoro appealed the Sandiganbayan Decision to this Court.

ISSUE:

Whether or not good faith is a valid defense for technical malversation.

RULING:

No, good faith is not a valid defense for technical malversation. Petitioner insists that he
acted in good faith since, first, the idea of using the SFP goods for the CSAP beneficiaries came,
not from him, but from Garcia and Polinio; and, second, he consulted the accounting.
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8. URBANO vs IAC
G.R. NO. 157057 - June 26, 2007

FACTS:

Doctrine: Proximate legal cause is that acting first and producing the injury, either immediately or by setting
other events in motion, all constituting a natural and continuous chain of events, each having a close causal
connection with its immediate predecessor, the final event in the chain immediately effecting the injury as a natural
and probable result of the cause which first acted, under such circumstances that the person responsible for the first
event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect at the moment of
his act or default that an injury to some person might probably result therefrom.

FACTS: Marcelino Javier opened the irrigation of a canal by means of cutting grass which
caused the flooding of the storage area of the petitioner. Petitioner got angry and demanded
Javier to pay for the soaked palay. Javier refused and a quarrel between them ensued. Urbano
unsheathed his bolo and hacked Javier hitting him on the right hand and left leg. Javier went to
the hospital for the treatment of the wounds. Two weeks after, Javier returned to his farm and
tended to his tobacco plants.

Then, on a fateful day of November 14, Javier was rushed to the hospital. Doctor’s findings
showed that he was suffering from tetanus infection. The next day, Javier died.

RTC and CA found the petitioner guilty beyond reasonable doubt of homicide. Petitioner raised
the case to the SC arguing that the cause of the death of Javier was due to his own negligence.

ISSUE: WON Urbano’s action was the proximate cause of the death of Javier.

RULING: NO. Pursuant to this provision “an accused is criminally responsible for acts
committed by him in violation of law and for all the natural and logical consequences resulting
therefrom. The rule is that the death of the victim must be the direct, natural, and logical consequence
of the wounds inflicted upon him by the accused

The petitioner reiterates his position that the proximate cause of the death of Marcelo Javier
was due to his own negligence, that Dr. Mario Meneses found no tetanus in the injury, and that
Javier got infected with tetanus when after two weeks he returned to his farm and tended his
tobacco plants with his bare hands exposing the wound to harmful elements like tetanus germs.

Consequently, Javier’s wound could have been infected with tetanus after the hacking incident.
Considering the circumstance surrounding Javier’s death, his wound could have been infected
by tetanus 2 or 3 or a few but not 20 to 22 days before he died. The medical findings, however,
lead us to a distinct possibility that the infection of the wound by tetanus was an efficient
intervening cause later or between the time Javier was wounded to the time of his death. The
infection was, therefore, distinct and foreign to the crime.
 CRIMINAL LAW 1 Case Digests 2019-2020

And if an independent negligent act or defective condition sets into operation the instances
which result in injury because of the prior defective condition, such subsequent act or condition
is the proximate cause.

CA’s decision was SET ASIDE and petioner is ACQUITED of the crime of homicide.

9. AMADO ALVARADO GARCIA VS. PEOPLE OF THE PHILIPPINES

August 28, 2009

FACTS:

Fidel Foz, Jr. and Armando Foz were drinking at their apartment when Chy requested
them to quiet down. Garcia thought that Chy was being arrogant and that one day he would lay
a hand on him.

Two days later, the group decided to drink at a store owned by Chy’s sister, Esquibel.
Chy was about to come out of his house and upon being summoned, Garcia suddenly punched
him. Chy continued to parry the blows and when he found an opportunity to escape, he ran
home and phoned his wife to call the police regarding the mauling. He also complained of
difficulty in breathing. He was found later unconscious on the kitchen floor, salivating.

Cause of death is heart attack to which Garcia appeals that the injuries he caused were
not as violent in nature as to have caused the death of Chy.

Garcia pleaded not guilty to the crime of homicide.

The autopsy doctor confirms that the Garcia’s punching and the hitting of the bottle
beer on the victim could not have caused any direct physical effect to cause the heart attack if
the victim’s heart is healthy. What could have caused said heart attack is the victims emotions
concerning the violence inflicted upon him.

ISSUE:

Whether the circumstance of having no intention to commit so grave a wrong as that

committed should be appreciated

RULING:

The circumstance that the petitioner did not intend so grave an evil as the death of the
victim does not exempt him from criminal liability. Since he deliberately committed an act
prohibited by law, said condition simply mitigates his guilt in accordance with Article 13(3) of
the Revised Penal Code. Nevertheless, said circumstance must be appreciated in favour of the
petitioner. The fact that the physical injuries he inflicted on the victim could not have naturally
and logically caused the actual death of the victim, if the latter’s heart is in good condition.
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Considering this mitigating circumstance, imposable penalty should be in the minimum

period, that is, reclusion temporal in its minimum period. Applying the Indeterminate Sentence
Law, the trial court properly imposed upon petitioner an indeterminate penalty of ten (10) years
of prision mayor, as minimum, to fourteen (14) years and eight (8) months of reclusion temporal
as maximum

10. THE PEOPLE OF THE PHILIPPINES, plaintiff- appellee, vs.WILLIAM

PAGE, defendant- appellant.
G.R. No. L-37507 June 7, 1977

FACT: William Page, an eighteen-year old third year high school student at the Arellano'
University in Pasay City, and Crisanto Camposano, alias Boy Sangkay, were boyhood friends.
The two went to the rotonda or intersection of Taft Avenue and F. B. Harrison Boulevard, where
they boarded a Manila-bound jeepney. Page seated himself beside a male passenger, (Randolf
Scot) who was near the driver (Eduardo Dilla) on the front seat. Camposano took a seat at the
back of the jeepney where two female passengers (Veronica Villaverde-Balacapo and Cesarean
Villaverde) were seated. Page was armed with a balisongknife. Camposano had a revolver.
There, they held up the driver and the three passengers. They got the money and pieces of
jewelry of the passengers and the driver.

When the jeepney was in front of Casa Marcos and El Presidente Hotel, one of the
women (Veronica Balacapo) jumped out of the jeepney causing her to have severe and traumatic
meningeal hemorrhage and became dead when she reached the hospital. The other woman
(Cesarea Villaverde) shouted. Camposano kicked her, thus causing her to fall out of the jeepney
and was brought to the hospital. The record is not clear as to whether she survived.

Page and Camposano directed the jeepney to drop-off near the vicinity of Page's
residence. They left the jeepney together and fled in the same direction.

Scot and Dilla, the driver, reported the holdup to the police of Parañaque. Lieutenant
Casiano Eugenio the precinct commander, showed them a photograph of Camposano. Dilla and
Scot Identified him as one of the two hoodlums.

On the otherhand, Camposano was killed by the Pasay City policemen while he was
committing another crime.

Issue: Whether or not Page, as a fellow conspirator of Camposano, could be held liable
for robbery with homicide.

Ruling: Yes. Conclusion as to conspiracy is borne out by the evidence. Conspiracy to

commit robbery existed between Page and Camposano. The fact that the two armed themselves
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with deadly weapons, a knife and a revolver, signified that they were determined to kill their
victims in order to consummate their things.

The behavior of Page and Camposano inside the jeepney disclosed a synchronization of
their actions, evincing a prior concert and plan to commit robbery with violence against and
intimidation of persons. Page should answer for all the consequences of the conspiracy,
including the homicide which was intertwined with the robbery committed by his conspirator.
The homicide was committed on the occasion or by reason of the robbery. The rule is that where
the conspirarcy to commit robbery was conclusively shown by the concurrent and coordinate
acts of the accused, and homicide was committed as consequence, or on the occasion, of the
robbery, all of the accused are guilty ofrobo con homicidio whether or not they actually
participated in the killing. Of course, Page did not kill the victim. But, under the rules of
conspiracy, he is deemed to be a co-principal in the robbery with homicide.

The lower court's judgment convicting him of robbery with homicide, sentencing him
to reclusion perpetua, and ordering him to pay cost, is AFFIRMED.

11. SULPICIO INTOD v. CA, GR No. 103119, 1992-10-21

Facts:

In the morning of February 4, 1979, Sulpicio Intod, Jorge Pangasian, Santos Tubio and
Avelino Daligdig went to Salvador Mandaya's house... and asked him to go with them to the
house of Bernardina Palangpangan. Thereafter, Mandaya and Intod, Pangasian, Tubio and
Daligdig had a meeting with Aniceto Dumalagan. He told Mandaya that he wanted
Palangpangan to be killed because of a land dispute between them and that Mandaya should
accompany the four (4) men, otherwise, he would also be killed. At about 10:00 o'clock in the
evening of the same day,... Mandaya, Pangasian, Tubio and Daligdig, all armed with firearms,
arrived at Palangpangan's house At the instance of his companions, Mandaya pointed the
location... of Palangpangan's bedroom. Thereafter, Petitioner, Pangasian, Tubio and Daligdig
fired at said room. It turned out; however, that Palangpangan was in another City and her home
was then occupied by her son-in-law and his family. No one was in the room when the accused
fired the... shots. No one was hit by the gun fire. After trial, the Regional Trial Court convicted
Intod of attempted murder.

Petitioner seeks from this Court a modification of the judgment by holding him liable
only for an impossible... crime

Issues:

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.

Ruling:
 CRIMINAL LAW 1 Case Digests 2019-2020

The Revised Penal Code, inspired by the Positivist School, recognizes in the offender his
formidability, andnow penalizes an act which were it not aimed at something quite impossible
or carried out with means which prove inadequate, would constitute a felony against person or
against property. The rationale of Article 4(2) is to... punish such criminal tendencies. To be
impossible under this clause, the act intended by the offender must be by its nature one
impossible of... accomplishment. There must be either (1) legal impossibility, or (2) physical
impossibility of accomplishing the intended act in order to qualify the act as an impossible...
crime. Legal impossibility occurs where the intended acts, even if completed, would not amount
to a crime. Thus: Legal impossibility would apply to those circumstances where (1) the motive,
desire and expectation is to perform an act in violation of the law; (2) there is intention to
perform the physical act; (3) there is a performance of the intended physical act; and (4) the...
consequence resulting from the intended act does not amount to a crime. The impossibility of
killing a person already dead falls in this category. On the other hand, factual impossibility
occurs when extraneous circumstances unknown to the actor or beyond his control prevent the
consummation of the intended crime. One example is the 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. The
case at bar belongs to this category. Petitioner shoots the place where he thought his victim
would be, although in reality, the victim was not present in said place and thus, the petitioner
failed to accomplish his end. In the Philippines, the Revised Penal Code, in Article 4(2),
expressly provided for impossible crimes and made them punishable.

WE hereby hold Petitioner guilty of an impossible crime

Having in mind the social danger and degree of criminality shown by Petitioner, this
Court 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.

Principles:

The rationale of Article 4(2) is to... punish such criminal tendencies

12. JACINTO V. PEOPLE, 592 SCRA 426

GR. 162540 July 13, 2009

FACTS:

The petitioner filed certiorari seeking the reversal of the Decision of the Court of
Appeals, affirming the petitioner’s conviction of the crime of Qualified Theft, and its Resolution
denying the petitioner’s motion for reconsideration.

In June 1997, Isabela Aquino Milabo, also known as Baby Aquino, paid her purchases
from Mega Foam International, Inc., and handed over the BDO check amounting to Php
10,000.00 to the petitioner, who was then the collector of the company. However, the check
 CRIMINAL LAW 1 Case Digests 2019-2020

was deposited to the Land Bank account of Generoso Capitle, the husband of Jacqueline Capitle;
the latter is the sister of the petitioner and also a former employee of Mega Foam International,
Inc.

Rowena Ricablanca, an employee of Mega Foam, received a phone call from Land Bank,
saying that the check was dishonored in the name of Generoso Capitle. Afterward, Ricablanca
told the news to Anita Valencia, a former employee of the company, and was asked to ask Baby
Aquino to replace the check.

Thereafter, Ricablanca was informed that the money would be equally divided into four.
Parties were Valencia, Ricablanca, the petitioner, and the sister of the petition, Jacqueline.
Ricablanca reported the conspiracy to Joseph Dyhengco, the owner of the company. It was
utterly discovered that the money was never remitted to the account of Mega Foam. Henceforth,
Dyhengco filed a case against the four conspirators to the NBI. The NBI then filed a case of
Qualified Theft.

The RTC of Caloocan City convicted the petitioner of qualified theft, but CA modified
the RTC’s decision:

the sentence against accused Gemma Jacinto stands, the sentence against accused Anita
Valencia is reduced to 4 months arresto mayor medium, and The accused Jacqueline
Capitle is acquitted.

ISSUE:

1. WON the petitioner is criminally liable for Qualified Theft.

2. WON check can be the object of theft;

HELD:

1) No. According to the Revised Penal Code, “the personal property subject of the theft
must have some value, as the intention of the accused is to gain from the thing stolen.”
Since the check was dishonored, although the offender commences with all elements of
execution defined in Article 308, in relation to Article 310, there was no personal gain or
loss on both parties. This is further bolstered by Article 309, where the law provides that
the penalty to be imposed on the accused is dependent on the value of the thing stolen.
In this case, the petitioner unlawfully took the postdated check belonging to Mega
Foam, but the same was apparently without value, as it was subsequently dishonored.

2) No. According to Article 4 of the same Code, the act performed by the offender cannot
produce an offense against persons or property because: (1) the commission of the
offense is inherently impossible of accomplishment; or (2) the means employed is
either (a) inadequate or (b) ineffectual. To be impossible under this clause, the act
 CRIMINAL LAW 1 Case Digests 2019-2020

intended by the offender must be by its nature one impossible of accomplishment. There
must be either (1) legal impossibility, or (2) physical impossibility of accomplishing the
intended acts in order to qualify the act as an impossible crime.

13. BALEROS vs PEOPLE

Laws Applicable: RPC Art. 6

Doctrine: Overt or external act has been defined as some physical activity or deed, indicating the intention to
commit a particular crime, more than a mere planning or preparation, which if carried out to its complete
termination following its natural course, without being frustrated by external obstacles nor by the voluntary
desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.

FACTS: In early morning of December 1991, Renato Baleros went to the dormitory room of
Martina Lourdes T. Albano (Malou), placed himself on top of her, and pressed a handkerchief
soaked in chloroform. Malou struggled to free herself in the hands of Baleros and succeeded by
grabbing his sexual organ and squeezing it.

Malou went straight to Marvilou and said “”may pumasok sa kuarto ko pinagtangkaan ako”.

The morning after, the police said to the tenants of the dormitory to grab the things that are
theirs. The room was left with an unclaimed bag which Christian, one of the tenants, knew right
away that was Renato’s. Among the contents of the bag was a handkerchief with a volatile
substance. They later found out that Renato was a suitor of Malou which she rejected a week
ago.

RTC found Renato guilty of attempted rape. CA further affirmed the decision.

ISSUE: WON Renato is guilty of attempted rape.

RULING: NO. Under Article 335 of the Revised Penal Code, rape is committed by a man who
has carnal knowledge or intercourse with a woman under any of the following circumstances:
(1) By using force or intimidation; (2) When the woman is deprived of reason or otherwise
unconscious; and (3) When the woman is under twelve years of age or is demented. Under
Article 6, in relation to the aforementioned article of the same code, rape is attempted when the
offender commences the commission of rape directly by overt acts and does not perform all the
acts of execution which should produce the crime of rape by reason of some cause or accident
other than his own spontaneous desistance.

There is absolutely no dispute about the absence of sexual intercourse or carnal knowledge in
the present case. The next question that thus comes to the fore is whether or not the act of the
petitioner, i.e., the pressing of a chemical-soaked cloth while on top of Malou, constitutes an
overt act of rape.
 CRIMINAL LAW 1 Case Digests 2019-2020

Overt or external act has been defined as some physical activity or deed, indicating the intention
to commit a particular crime, more than a mere planning or preparation, which if carried out to
its complete termination following its natural course, without being frustrated by external
obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen
into a concrete offense.

It cannot be overemphasized that petitioner was fully clothed and that there was no attempt on
his part to undress Malou, let alone touch her private part. For what reason petitioner wanted
the complainant unconscious, if that was really his immediate intention, is anybody’s guess.

Assailed decision was REVERSED and SET ASIDE and a new one entered ACQUITTING
petitioner Renato D. Baleros, Jr. of the charge for attempted rape. Petitioner, however, is
adjudged GUILTY of light coercion and is accordingly sentenced to 30 days of arresto menor and
to pay a fine of P200.00, with the accessory penalties thereof and to pay the costs.

14. KOH TIECK HENG VS PEOPLE

December 21, 1990

FACTS

Koh Tieck Heng, alias Teddy Koh, alias Tomas P. Flores was charged of estafa thru
falsification of a commercial document. After opening a savings account with SBTC under the
name Tomas P. Flores and somehow illegally obtained a PBC check issued by one F. Dycaico,

Also, accused caused alterations and changes in a genuine document w/c changed - its
meaning and thereby affixing his signature at the back of the check, which check was cleared by
the PBC.

Accused did not perform all the acts of execution which should have produced the crime
of estafa thru falsification of a commercial document by reason of some cause other than his own
spontaneous desistance, that is, by timely discovery made by officials/employees of said bank of
the forgery and falsification made on the aforesaid check before payment could be made which
led then and there to the apprehension of said accused

Under the two Information, the mode of falsification attributed to the accused is that of
having erased and altered the dates and amounts of the checks in question, and superimposing
over the original dates and amounts, thereby making alterations and changes in genuine
documents which changed their meaning. Accused misappropriated, misapplied and converted
to his own personal use and benefit checks in various amounts.

ISSUE

WON there was attempted estafa in the absence of deceit and damage.
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HELD

YES. The fact that appellant was the possessor and utterer of the checks in question and
having benefited from the subsequent withdrawals, as well as having attempted to gain by
trying to withdraw an amount thereon. The use of the spurious checks is by itself fraud or
deceit. The appellant made use of and benefited from the falsified document is strong evidence
that he either himself falsified it or caused the same to be falsified, he being criminally
responsible in either case. Since Heng is the only person who stood to be benefited by the
falsification of the document that was found in his possession, it is presumed that he is the
material author of such falsification.

15. LEONIDAS EPIFANIO Y LAZARO,Petitioner, vs.PEOPLE OF THE

PHILIPPINES,Respondent.

Fact: At around 9:00 o'clock in the evening of August 15, 1990, Crisaldo Alberto
(Crisaldo) and his cousin, Allan Perez (Allan), were walking to their respective homes. Allan
walked ahead of the distance with Crisaldo. Suddenly, Crisaldo felt the piercing thrust of a
bladed weapon on his back and made a quick turnaround and saw his attacker, the petitioner.
Allan questioned the stabbing of the petitioner which caused the petitioner to run away. Allan
then brought to home and headed to hospital for medication. Crisaldo stayed for 3 weeks in
order for him to recover.

Petitioner's defense consisted mainly of denial. He was sleeping during the incident and
his wife awakened him because someone was asking for help and immediately assisted the
concern.

Issue: Whether or not the petitioner was guilty for the crime of frustrated murder was
proven beyond reasonable doubt.

Ruling: Yes. RTC found the accused, Leonidas Epifanio y Lazaro guilty beyond
reasonable doubt of the crime of Frustrated Murder punishable under Article 248 in relation to
Article 6 of the Revised Penal Code. The crime was frustrated murder since petitioner performed
"all the acts of execution." In this regard, intent to kill may be proved by evidence of: (a) motive;
(b) the nature or number of weapons used in the commission of the crime; (c) the nature and
number of wounds inflicted on the victim; (d) the manner the crime was committed; and (e)
words uttered by the offender at the time the injuries were inflicted by him on the victim.

The Decision dated of the Regional Trial Court is MODIFIED to the effect that
petitioner is found GUILTY of ATTEMPTED MURDER and is sentenced to suffer an
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indeterminate imprisonment and petitioner is ordered to indemnify Crisaldo Alberto as

temperate damages, and costs.