November 2012 Philippine Supreme Court Decisions on Criminal Law and Procedure

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

1.            REVISED PENAL CODE

Proximate cause; definition. The Supreme Court rejected the argument of petitioners that the Court of Appeals failed to consider in its entirety the testimony of the doctor who performed the autopsy. What really needs to be proven in a case when the victim dies is the proximate cause of his death. Proximate cause has been defined as “that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.” The autopsy report indicated that the cause of the victim’s death is multiple organ failure. According to Dr. Wilson Moll Lee, the doctor who conducted the autopsy, it can be surmised that multiple organ failure was secondary to a long standing infection secondary to a stab wound which the victim allegedly sustained. Thus, it can be concluded that without the stab wounds, the victim could not have been afflicted with an infection which later on caused multiple organ failure that caused his death. The offender is criminally liable for the death of the victim if his delictual act caused, accelerated or contributed to the death of the victim. Rodolfo Belbis Jr. y Competente and Alberto Brucales v. People of the Philippines, G.R. No. 181052, November 14, 2012.

Rape; qualifying circumstances; concurrence of minority and relationship. Under Article 266-B of the Revised Penal Code, as amended by R.A. No. 8353 or the Anti-Rape Law of 1997, the concurrence of minority and relationship qualifies the crime of rape. To warrant the imposition of the death penalty, however, both the minority and the relationship must be alleged in the Information and proved during the trial. In the instant case, both circumstances were properly alleged in the Informations and proved during trial. The Informations alleged that AAA was 15 years old when the crimes were committed. Her minority was established not only by her Certificate of Live Birth but also by her testimony that she was born on November 6, 1985. Anent AAA’s relationship with appellant, the Informations sufficiently alleged that AAA is appellant’s daughter. This fact was likewise openly admitted by the appellant and further bolstered by the said Certificate of Live Birth indicating appellant as AAA’s father. Moreover, the relationship between appellant and AAA became the subject of admission during the pre-trial conference. Hence, pursuant to the said article, the presence of the above special qualifying circumstances increases the penalty to death.  In view, however, of the passage of R.A. No. 9346 proscribing the imposition of death penalty, the proper penalty imposable on appellant, in lieu of death and pursuant to Section 2 thereof, is reclusion perpetua. People of the Philippines v. Enerio Ending y Onyong, G.R. No. 183827, November 12, 2012.

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June 2012 Philippine Supreme Court Decisions on Criminal Law and Procedure

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

1. REVISED PENAL CODE

Estafa; elements. Entrenched in jurisprudence are the following essential elements of Estafa under Article 315, paragraph 1(b) of the Revised Penal Code: (a) that money, goods or other personal properties are 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; (2) that there is a misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; (3) that such misappropriation or conversion or denial is to the prejudice of another; and (4) that there is a demand made by the offended party on the offender. In this case, all these elements have been sufficiently established by the prosecution in this case. Andre L. D’Aigle v. People of the Philippines, G.R. No. 174181, June 27, 2012.

Estafa; misappropriation;Trust Receipts Law. In order that the respondents may be validly prosecuted for estafa under Article 315, paragraph 1(b) of the Revised Penal Code, in relation with Section 13 of the Trust Receipts Law, the following elements must be established: (a) they received the subject goods in trust or under the obligation to sell the same and to remit the proceeds thereof to [the trustor], or to return the goods if not sold; (b) they misappropriated or converted the goods and/or the proceeds of the sale; (c) they performed such acts with abuse of confidence to the damage and prejudice of the entrustor; and (d) demand was made on them by [the trustor] for the remittance of the proceeds or the return of the unsold goods. Land Bank of the Philippines v. Lamberto C. Perez, et al., G.R. No. 166884, June 13, 2012.

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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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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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March 2010 Philippine Supreme Court Decisions on Criminal Law and Procedure

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

Criminal Law

1.     Revised Penal Code

Acts of lasciviousness; elements. The crime of Acts of Lasciviousness, as defined in Article 336 of the Revised Penal Code, 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. Salvador Flordeliz y Abenojar v. People of the Philippines, G.R. No. 186441, March 3, 2010.

Arson; categories. There are actually two categories of arson, namely: Destructive Arson under Article 320 of the Revised Penal Code and Simple Arson under Presidential Decree No. 1316. Said classification is based on the kind, character and location of the property burned, regardless of the value of the damage caused. Article 320 contemplates the malicious burning of structures, both public and private, hotels, buildings, edifices, trains, vessels, aircraft, factories and other military, government or commercial establishments by any person or group of persons.  On the other hand, Presidential Decree No. 1316 covers houses, dwellings, government buildings, farms, mills, plantations, railways, bus stations, airports, wharves and other industrial establishments. People of the Philippines v. Jessie Villegas Murcia, G.R. No. 182460, March 9, 2010.

Arson; evidence. In the prosecution for the crime of arson, proof of the crime charged is complete where the evidence establishes: (1) the corpus delicti, that is, a fire because of criminal agency; and (2) the identity of the defendant as the one responsible for the crime. In arson, the corpus delicti rule is satisfied by proof of the bare fact of the fire and of it having been intentionally caused. People of the Philippines v. Jessie Villegas Murcia,  G.R. No. 182460, March 9, 2010.

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June 2009 Philippine Supreme Court Decisions on Remedial Law, Legal/Judicial Ethics and Criminal Law

Here are selected June 2009 Philippine Supreme Court decisions on  remedial law, legal/judicial ethics and criminal law.

Remedial Law

Actions;  quasi in rem. The petition for cancellation of entries annotated at the back of OCT No. 40287 ought to have been directed against specific persons: namely, the heirs of Juan Soriano as appearing in Entry No. 20102 and, indubitably, against their successors-in-interest who have acquired different portions of the property over the years because it is in the nature of an action quasi in rem. Accordingly, the Salazars should have impleaded as party defendants the heirs of Juan Soriano and/or Vicenta Macaraeg as well as those claiming ownership over the property under their names because they are indispensable parties. This was not done in this case. Since no indispensable party was  ever impleaded by the Salazars in their petition for cancellation of entry filed before Branch 63 of the RTC of Tarlac, herein petitioners are not bound by the dispositions of the said court. Consequently, the judgment or order of the said court never even acquired finality. Zenaida Acosta, et al. vs. Trinidad Salazar, et al., G.R. No. 161034.  June 30, 2009

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