March 2012 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are select March 2012 rulings of the Supreme Court of the Philippines on criminal law and procedure:

1.         REVISED PENAL CODE

Estafa; elements. The offense of estafa committed with abuse of confidence has the following elements under Article 315, paragraph 1(b) of the Revised Penal Code, as amended: (a) that 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; (b) that there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; (c) that such misappropriation or conversion or denial is to the prejudice of another; and (d)there is demand by the offended party to the offender. Esla Macandog Magtira v. People of the Philippines, G.R. No. 170964, March 7, 2012.

Estafa; elements. The Supreme Court ruled that all the above elements [of estafa] are present in this case, having been established by the prosecution’s evidence and by the petitioner’s own admissions. The first element was established by the evidence showing that the petitioner received various sums of money from the private complainants to be held in trust for them under the Paluwagan operation. The petitioner admitted that she was under obligation, at a fixed date, to account for and to deliver the Paluwagan funds to the private complainants in the sequential order agreed upon among them. The second element was established by the evidence that the petitioner failed to account for and to deliver the Paluwagan funds to the private complainants on the agreed time of delivery. The third and fourth elements of the offense were proven by evidence showing that the petitioner failed to account for and to deliver the Paluwagan funds to the private complainants despite several demands made upon her by the private complainants. Each of the private complainants testified as to how they were prejudiced when they failed to receive their allotted Paluwagan funds. Given the totality of evidence, the Supreme Court upheld the conviction of the petitioner of the crime charged. Esla Macandog Magtira v. People of the Philippines, G.R. No. 170964, March 7, 2012.

February 2012 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are select February 2012 rulings of the Supreme Court of the Philippines on criminal law and procedure:

1.         REVISED PENAL CODE

Conspiracy. The inconsistencies pointed out are inconsequential given the presence of conspiracy between the appellant and Olaso in killing the victim. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. The presence of conspiracy may be inferred from the circumstances where all the accused acted in concert at the time of the commission of the offense. Conspiracy is sufficiently established when the concerted acts show the same purpose or common design and are united in its execution.  Moreover, when there is conspiracy, it is not important who delivered the fatal blow since the act of one is considered the act of all. The overt acts of the appellant and Olaso showing their conspiracy to kill the victim are: (1) the appellant and Olaso flagged down the tricycle being driven by the victim; (2) the appellant seated himself at the back of the driver’s seat while Olaso went inside the tricycle; (3) the appellant and Olaso simultaneously assaulted the victim – the appellant embracing the victim while Olaso stabbed him; and (4) both men immediately fled the scene after the stabbing.  The above circumstances plainly show the common design and the unity of purpose between the appellant and Olaso in executing their plan to kill the victim.  People of the Philippines v. Rolly Angelio, G.R. No. 197540, February 27, 2012.

Estafa; elements. The offense of estafa, in general, is committed either by (a) abuse of confidence or (b) means of deceit. The acts constituting estafa committed with abuse of confidence are enumerated in item (1) of Article 315 of the Revised Penal Code, as amended; item (2) of Article 315 enumerates estafa committed by means of deceit. Deceit is not an essential requisite of estafa by abuse of confidence; the breach of confidence takes the place of fraud or deceit, which is a usual element in the other estafa. In this case, the charge against the petitioner and her subsequent conviction was for estafa committed by abuse of confidence. Thus, it was not necessary for the prosecution to prove deceit as this was not an element of the estafa that the petitioner was charged with. Carmina G. Brokmann v. People of the Philippines, G.R. No. 199150, February 6, 2012.

January 2012 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are selected January 2012 rulings of the Supreme Court of the Philippines on criminal law and procedure:

1.         REVISED PENAL CODE

Estafa; probable cause. East Asia acted as dealer of commercial papers and custodian of the same on Zamora’s behalf.  This is clear from the terms of its sale invoice and custodian receipt.  East Asia acquired the commercial papers in trust and was obliged to deliver them and their proceeds to Zamora, failing which, its responsible officers could be prosecuted for estafa.  However, there was no probable cause to charge the respondents with estafa.  Zamora failed to identify the particular officers of East Asia who were responsible for the misappropriation or conversion of her funds. She simply assumed that since she had been communicating with them in connection with her investments, they all had a part in misappropriating her money or converting them to their use.  Many of them were evidently mere employees doing work for East Asia.  She did not submit proof of their specific criminal role in the transactions she assailed.  It is settled that only corporate officers who actually had part in the crime may be held liable for it. Virginia A. Zamora v. Jose Armado L. Eduque, et al, G.R. No. 174005, January 25, 2012.

Estafa through falsification; presumption of authorship. Metrobank urges the application of the presumption of authorship against Tobias based on his having offered the duplicate copy of the spurious title to secure the loan, and posits that there is no requirement that the presumption shall apply only when there is absence of a valid explanation from the person found to have possessed, used and benefited from the forged document. Metrobank’s theory was not sustained here. First, a presumption affects the burden of proof that is normally lodged in the State. The effect is to create the need of presenting evidence to overcome the prima facie case that shall prevail in the absence of proof to the contrary. As such, a presumption of law is material during the actual trial of the criminal case where in the establishment thereof the party against whom the inference is made should adduce evidence to rebut the presumption and demolish the prima facie case. This is not so in a preliminary investigation, where the investigating prosecutor only determines the existence of a prima facie case that warrants the prosecution of a criminal case in court. Second, the presumption of authorship, being disputable, may be accepted and acted upon where no evidence upholds the contention for which it stands. It is not correct to say, consequently, that the investigating prosecutor will try to determine the existence of the presumption during preliminary investigation, and then to disregard the evidence offered by the respondent. Moreover, the presumption that whoever possesses or uses a spurious document is its forger applies only in the absence of a satisfactory explanation.  Metropolitan Bank and Trust Co. (Metrobank), represented by Rosella A. Santiago v. Antonio O. Tobias III, G.R. No. 177780, January 25, 2012.

July 2011 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are selected July 2011 rulings of the Supreme Court of the Philippines on criminal law and procedure:

1. CRIMINAL LAW

Qualifying circumstance; treachery. The Supreme Court affirmed the findings of the trial court that the qualifying circumstance of treachery attended the commission of the crime. Milan’s act of closing the door facilitated the commission of the crime, allowing Carandang to wait in ambush. The sudden gunshots when the police officers pushed the door open illustrate the intention of appellants and Carandang to prevent any chance for the police officers to defend themselves. Treachery is thus present in the case at bar, as what is decisive for this qualifying circumstance is that the execution of the attack made it impossible for the victims to defend themselves or to retaliate. People of the Philippines v. Restituto Carandang, et al, G.R. No. 175926, July 6, 2011.

 2. SPECIAL PENAL LAWS

 Dangerous drugs; chain of custody. The Supreme Court upheld the conviction of the accused by ruling that the failure of the policemen to make a physical inventory and photograph the two plastic sachets containing the shabu subject of this case do not render the confiscated items inadmissible in evidence. Likewise, the failure of the policemen to mark the two plastic sachets containing shabu at the place of arrest does not render the confiscated items inadmissible in evidence. In People v. Resurreccion, G.R. No. 186380, 12 October 2009, 603 SCRA 510, it was held that “the failure of the policemen to immediately mark the confiscated items does not automatically impair the integrity of chain of custody.” Francisco Imson y Adriano vs. People of the Philippines, G.R. No. 193003, July 13, 2011.

Dangerous drugs; chain of custody. The failure to strictly comply with Section 21(1), Article II of RA 9165 does not necessarily render an accused’s arrest illegal or the items seized or confiscated from him inadmissible. What is of utmost importance is the preservation of the integrity and the evidentiary value of the seized items, as these would be utilized in the determination of the guilt or innocence of the accused. The presumption is that the policemen performed their official duties regularly. In order to overcome this presumption, the accused must show that there was bad faith or improper motive on the part of the policemen, or that the confiscated items were tampered. In this case, the accused failed to do so. Francisco Imson y Adriano vs. People of the Philippines, G.R. No. 193003, July 13, 2011.

June 2011 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are selected June 2011 rulings of the Supreme Court of the Philippines on criminal law and procedure:

1. CRIMINAL LAW

Act of lasciviousness against a minor under the Revised Penal Code and R.A. 7610. Acts of lasciviousness as defined in Article 336 of the Revised Penal Code (“RPC”) has the following elements: (1)  that the offender commits any act of lasciviousness or lewdness; (2)  that it is done under any of the following circumstances: a) by using force or intimidation; or b) when the offended party is deprived of reason or otherwise unconscious; or c) when the offended party is under 12 years of age; and; (3)  that the offended party is another person of either sex. Pursuant to the foregoing provision, before an accused can be convicted of child abuse through lascivious conduct committed against a minor below 12 years of age, the requisites for acts of lasciviousness under Article 336 of the RPC must be met in addition to the requisites for sexual abuse under Section 5 of R.A. 7610. To establish sexual abuse under Section 5, Article III of R.A. 7610, the following elements must be present: (1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the said act is performed with a child exploited in prostitution or subjected to other sexual abuse; (3) the child, whether male or female, is below 18 years of age. Corollarily, Section 2(h) of the rules and regulations of R.A. No. 7610 defines “lascivious conduct” as “[t]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.”  People of the Philippines v. Ireno Bonaagua y Berce, G.R. No. 188897, June 6, 2011.

Act of lasciviousness of a minor under the Revised Penal Code and R.A. 7610. The Supreme Court affirmed the findings of the Court of Appeals (“CA”) that the accused was guilty of the crime of acts of lasciviousness under Section 5(b) of R.A. 7610. Undeniably, all the aforestated elements are present in Criminal Case No. 03-0255.  The accused committed the crime of lascivious acts by touching the  breasts and licking the vagina of AAA, who was 8 years old at the time as established by her birth certificate.  As correctly found by the CA, the accused is guilty of the crime of acts of lasciviousness under Section 5(b) of R.A. No. 7610.  People of the Philippines v. Ireno Bonaagua y Berce, G.R. No. 188897, June 6, 2011.

Estafa; elements. In every prosecution for estafa under Article 315(2)(a) of the Revised Penal Code, the following elements must be present:  (a) that there must be a false pretense, fraudulent act or fraudulent means; (b) that such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud; (c) that the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means; (d) that as a result thereof, the offended party suffered damage. Elvira Lateo y Eleazar, et al v. People of the Philippines, G.R. No. 161651, June 8, 2011.

June 2011 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are selected June 2010 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Administrative proceedings; quantum of evidence.  It is a settled rule that in administrative proceedings that the complainant has the burden of proving the allegations in his or her complaint with substantial evidence.  In the absence of evidence to the contrary, the presumption that the respondent has regularly performed his duties will prevail.  Illupa vs. Abdullah, A.M. No. SCC-11-16-P. June 1, 2011

Administrative proceedings; mitigating circumstances.  In several jurisprudential precedents, the Court has refrained from imposing the actual administrative penalties prescribed by law or regulation in the presence of mitigating factors.  Factors such as the respondents’ length of service, the respondents’ acknowledgement of his or her infractions and feeling of remorse, family circumstances, humanitarian and equitable considerations, respondent’s advanced age, among other things, have had varying significance in the determination by the Court of the imposable penalty. Office of the Court Administrator vs. Aguilar, A.M. No. RTJ-07-2087, June 7, 2011

Court personnel; conduct prejudicial to the best interest of the service.  Respondent was found to have knowingly delayed the release of a warrant of arrest against an accused in a criminal case until the accused had left the country.  For knowingly delaying the release of the warrant of arrest, respondent had placed the court in a very negative light.  It prejudiced the Court’s standing in the community as it projected an image of a Court that is unable to enforce its processes on time.  For this reason, we find her liable not only for simple neglect of duty, but for the more serious offense of conduct prejudicial to the best interest of the service.  Respondent clerk of court’s very much delayed action on the complainant’s request for a copy of the warrant of arrest in the criminal case and in the delivery of the warrant to the police authorities cast doubts on the capability of the court to administer justice fairly and expeditiously. Such act is likely to reflect adversely on the administration of justice.  Thus, the respondent should be made to answer for her infraction in a way that will serve as a lesson to everyone in the judiciary to be forthright in his dealings with the public, and to act speedily on matters within his area of responsibility, regardless of who is involved. The prejudice she caused and her liability for her conduct can in no way be extinguished or mitigated by the issuance of a second warrant of arrest, or by the complainant’s subsequent voluntary desistance from pursuing the case.  The harm had already been done on the aggrieved party and on the judiciary when these developments transpired. Sonido vs. Ilocso, A.M. No. P-10-2794. June 1, 2011