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.

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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.

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April 2011 Philippine Supreme Court Decisions on Criminal Law and Procedure

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

1.     Revised Penal Code

Conspiracy; liability of conspirators. When conspiracy is established, the responsibility of the conspirators is collective, not individual. This renders all of them equally liable regardless of the extent of their respective participations, the act of one being deemed to be the act of the other or the others, in the commission of the felony. . People of the Philippines v. Dima Montanir, Ronald Norva and Eduardo Chua, G.R. No. 187534, April 4, 2011.

Conspiracy; liability of conspirators. Each conspirator is responsible for everything done by his confederates which follows incidentally in the execution of a common design as one of its probable and natural consequences even though it was not intended as part of the original design. Responsibility of a conspirator is not confined to the accomplishment of a particular purpose of conspiracy but extends to collateral acts and offenses incident to and growing out of the purpose intended. Conspirators are held to have intended the consequences of their acts and by purposely engaging in conspiracy which necessarily and directly produces a prohibited result, they are, in contemplation of law, chargeable with intending that result. Conspirators are necessarily liable for the acts of another conspirator unless such act differs radically and substantively from that which they intended to commit. People of the Philippines v. Dima Montanir, Ronald Norva and Eduardo Chua, G.R. No. 187534, April 4, 2011.

Damages; indemnity for death. Consistent with prevailing jurisprudence, the heirs of Haide is granted P75,000.00 as death indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages. Damages in such amounts are to be granted whenever the accused are adjudged guilty of a crime covered by R.A. 7659, like the murder charged and proved herein. Indeed, the principal consideration for the award of damages is the penalty provided by law or imposable for the offense because of its heinousness, not the public penalty actually imposed on the offender.  In other words, the litmus test in the determination of the civil indemnity is the heinous character of the crime committed, which would have warranted the imposition of the death penalty, regardless of whether the penalty actually imposed is reduced to reclusion perpetua. People of the Philippines v. Gilberto Villarico Sr. aka “Berting”, Gilberto Villarico Jr., Jerry Ramentos, and Ricky Villarico, G.R. No. 158362, April 4, 2011.

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January 2011 Philippine Supreme Court Decisions on Criminal Law and Procedure

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

CRIMINAL LAW

Revised Penal Code

Aggravating circumstance; abuse of superior strength. To take advantage of superior strength is to purposely use excessive force, out of proportion to the means of defense available to the person attacked. As testified by Santiago Arasula, the lone eyewitness, the two accused were stabbing his brother, who was unarmed and intoxicated.  It is clear, therefore, that Armando was in no position to defend himself from two armed assailants, who, as Santiago testified, were armed with small bolos.  While it is true that superiority in number does not per se mean superiority in strength, accused-appellants in this case did not only enjoy superiority in number, but were armed with weapons, while the victim had no means with which to defend himself. Accused-appellants took advantage of their number and weapons, as well as the condition of the victim, to commit the crime. People of the Philippines vs. Hemiano De Jesus and Rodelo Morales, G.R. No. 186528, January 26, 2011.

Criminal liability; principal by inducement. Accused Rohmat is criminally responsible under the second paragraph of Article 17 of the Revised Penal Code, specifically, the provision on “principal by inducement.” The instructions and training he had given Asali on how to make bombs – coupled with their careful planning and persistent attempts to bomb different areas in Metro Manila and Rohmat’s confirmation that Trinidad would be getting TNT from Asali as part of their mission – prove the finding that Rohmat’s co-inducement was the determining cause of the commission of the crime. Such “command or advice [was] of such nature that, without it, the crime would not have materialized.” Further, the inducement was “so influential in producing the criminal act that without it, the act would not have been performed.” People of the Philippines vs. Khaddafy Janjalani, et al, G.R. No. 188314, January 10, 2011.

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August 2010 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are selected August 2010 rulings of the Supreme Court of the Philippines on criminal law and procedure:

CRIMINAL LAW

Acts of lasciviousness; elements. Appellant’s acts of removing the towel wrapped in the body of AAA, laying her on the sofa and kissing, and touching her private parts do not exactly demonstrate the intent of appellant to have carnal knowledge of AAA on that particular date but merely constitute the elements of the crime of acts of lasciviousness as defined in the Revised Penal Code, in relation to Section 5, Article III of R.A. 7610, AAA, being a minor when the incident happened.  People vs. Alejandro Rellota y Tadeo, G.R. No. 168103, August 3, 2010.

Acts of lasciviousness; elements. The elements of the crime of acts lasciviousness are: (1) that the offender commits any act of lasciviousness or lewdness; (2) that it is done: (a) by using force and 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. Section 32, Article XIII, of the Implementing Rules and Regulations of RA 7610 or the Child Abuse Law defines lascivious conduct, as follows: “The 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 vs. Alejandro Rellota y Tadeo, G.R. No. 168103, August 3, 2010.

Aggravating circumstance; treachery. As to the manner by which appellant killed the victim, there is no doubt that the same was attended by treachery. Time and again, the Supreme Court has held that an attack on a victim who has just wakened or who was roused from sleep is one attended by treachery because in such situation, the victim is in no position to put up any form of defense. There is treachery where the attack was sudden and unexpected, rendering the victim defenseless and ensuring the accomplishment of the assailant’s purpose without risk to himself. The essence of treachery is the swift and unexpected attack on an unsuspecting and unarmed victim who does not give the slightest provocation. In this case, it was evident that the victim was not aware that he would be attacked by appellant. He had just wakened when appellant stabbed him having been roused from his sleep by appellant’s act of kicking the door behind which the victim usually sleeps. It must also be pointed out that the victim was drunk when the attack happened, having been earlier engaged in a drinking spree with appellant, thus rendering him even more powerless to defend himself from appellant’s assault. Clearly, the victim’s guard was down when appellant stabbed him with the bolo. People vs. Charlie Nazareno y Melanios, G.R. No. 180915, August 9, 2010.

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July 2010 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are selected July 2010 rulings of the Supreme Court of the Philippines on criminal law and procedure:

CRIMINAL LAW

1.     Revised Penal Code

Aggravating circumstance; treachery. In the killing of victims in this case, the trial court was correct in appreciating the aggravating circumstance of treachery. There is treachery when the attack is so sudden and unexpected that the victim had no opportunity either to avert the attack or to defend himself. Indeed, nothing can be more sudden and unexpected than when a father stabs to death his two young daughters while they were sound asleep and totally defenseless. People of the Philippines vs. Calonge y Verana, G.R. No. 182793, July 5, 2010.

Aggravating circumstance; treachery. The Court held that treachery can still be appreciated even though the victim was forewarned of the danger to his life because what is decisive is that the attack was executed in a manner that the victim was rendered defenseless and unable to retaliate. Although the victim knew that the accused held a grudge against him, he never had any inkling that he would actually be attacked that night. The way it was executed made it impossible for the victim to respond or defend himself. He just had no opportunity to repel the sudden attack, rendering him completely helpless. Accused, moreover, used a firearm to easily neutralize the victim, which was undeniably a swift and effective way to achieve his purpose. Lastly, but significantly, the accused aimed for the face of the victim ensuring that the bullet would penetrate it and damage his brain. These acts are distinctly indicative of the treacherous means employed by the accused to guarantee the consummation of his criminal plan. Thus, as treachery attended the killing of Loreto Cruz, such circumstance qualified the killing as murder, punishable under paragraph 1 of Article 248 of the Revised Penal Code. People of the Philippines vs. Pedro Ortiz, Jr. y Lopez, G.R. No. 188704, July 7, 2010.

Attempted homicide; civil liability; temperate damages. The Supreme Court modified the decision of the Court of Appeals with respect to the petitioner’s civil liability for being erroneous and contrary to prevailing jurisprudence. The Court of Appeals ordered actual damages to be paid in the amount of P3,858.50. In People v. Andres, the Supreme Court held that if the actual damages, proven by receipts during the trial, amount to less than P25,000.00, the victim shall be entitled to temperate damages in the amount of P25,000.00 in lieu of actual damages. The award of temperate damages is based on Article 2224 of the New Civil Code which states that temperate or moderate damages may be recovered when the court finds that some pecuniary loss was suffered but its amount cannot be proven with certainty. In this case, the victim is entitled to the award of P25,000.00 as temperate damages considering that the amount of actual damages is only P3,858.50. Actual damages should no longer be awarded. Giovani Serrano y Cervantes vs. People of the Philippines, G.R. No. 175023, July 5, 2010.

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June 2010 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are selected June 2010 rulings of the Supreme Court of the Philippines on criminal law and procedure:

Criminal Law

1. Revised Penal Code

Aggravating circumstance; evident premeditation. In order for evident premeditation to be appreciated, the following requisites must be proven: (1) the time when the offender determined to commit the crime; (2) an act manifestly indicating that the culprit has clung to his determination; and (3) a sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. In the instant case, appellant uttered the words “iyang mama na iyan, may araw din siya sa akin.” Even conceding that these utterances were in the form of a threat, it still cannot be presumed that at the time they were made, there was indeed a determination to kill and that appellants had indeed clung to that determination, planning and meditating on how to kill the victim. People of the Philippines vs. Jonel Falabrica Serenas, et al, G.R. No. 188124, June 29, 2010.

Aggravating circumstance; evident premeditation. For evident premeditation to be considered, the following must be established: (1) the time when the accused determined (conceived) to commit the crime; (2) an overt act manifestly indicating that he clung to his determination to commit the crime (kill his victim); and (3) a sufficient lapse of time between the decision to commit the crime and the execution thereof to allow the accused to reflect upon the consequences of his act. Premeditation presupposes a deliberate planning of the crime before executing it. The execution of the criminal act, in other words, must be preceded by cool thought and reflection. In this case, there was a showing of a plan or preparation to kill, or proof that the accused meditated and reflected upon his decision to execute the crime. People of the Philippines vs. Albert Sanchez y Galera, G.R. No. 188610, June 29, 2010.

Aggravating circumstance; treachery. There is treachery when the offender commits any of the crimes against persons, employing means, methods or forms which tend directly and specially to ensure its execution, without risk to himself arising from the defense, which the offended party might make. For treachery to be appreciated, two conditions must concur: (a) the employment of means, methods or manner of execution that would ensure the offender’s safety from any defense or retaliatory act on the part of the offended party; and (b) the offender’s deliberate or conscious choice of means, method or manner of execution. People of the Philippines vs. Albert Sanchez y Galera, G.R. No. 188610, June 29, 2010.

Aggravating circumstance; treachery. The essence of treachery is the sudden attack by an aggressor without the slightest provocation on the part of the victim, depriving the latter of any real chance to defend himself, thereby ensuring the commission of the crime without risk to the aggressor. Jurisprudence teaches that there is treachery when an adult person attacks and causes the death of a child of tender years. As the Supreme Court elucidated in People vs. Cabarrubias, the killing of a child is characterized by treachery even if the manner of assault is not shown. For, the weakness of the victim due to his tender years results in the absence of any danger to the accused. People of the Philippines vs. Albert Sanchez y Galera, G.R. No. 188610, June 29, 2010.

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