February 2014 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are select February 2014 rulings of the Supreme Court of the Philippines on criminal law and procedure:

1. REVISED PENAL CODE

Aiding or abetting; Unsolicited Commercial Communications; Child Pornography. Aiding or abetting has of course well-defined meaning and application in existing laws. When a person aids or abets another in destroying a forest, smuggling merchandise into the country, or interfering in the peaceful picketing of laborers, his action is essentially physical and so is susceptible to easy assessment as criminal in character. These forms of aiding or abetting lend themselves to the tests of common sense and human experience. If such means are adopted, self-inhibition borne of fear of what sinister predicaments await internet users will suppress otherwise robust discussion of public issues. Democracy will be threatened and with it, all liberties. What is more, as the petitioners point out, formal crimes such as libel are not punishable unless consummated. In the absence of legislation tracing the interaction of netizens and their level of responsibility such as in other countries, Section 5, in relation to Section 4(c)(4) on Libel, Section 4(c)(3) on Unsolicited Commercial Communications, and Section 4(c)(2) on Child Pornography, cannot stand scrutiny. Jose Jesus M. Disini Jr., et al v. The Secretary of Justice, et al, G.R. No. 203335, February 11, 2014.

Conspiracy; direct proof. While direct proof is not essential to establish conspiracy as it may be inferred from the collective acts of the accused before, during and after the commission of the crime which point to a joint purpose, design, concerted action, and community of interests, records are, however, bereft of any showing as to how the particular acts of petitioners figured into the common design of taking out the subject volume and inserting the falsified documents therein. It would be a stretch to conclude that the act of Castro of inviting Atibula to Atienza’s party, without any other proof of Castro’s participation, was instrumental or, at the very least, reasonably connected to Atienza and his own alleged participation in the above-stated crimes. Hence, the prosecution’s theory of conspiracy does not deserve any merit. Ricardo L. Atienza and Alfredo A. Castro v. People of the Philippines, G.R. No. 188694, February 12, 2014.

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