January 2013 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are select January 2013 rulings of the Supreme Court of the Philippines on criminal law and procedure:

1.            REVISED PENAL CODE

Conspiracy. Appellant questions the lower courts’ finding of conspiracy between her and co-accused. She claims that she merely accompanied Espiritu in going to the RFC Food Court and had nothing to do with the transaction. As a matter of fact, the shabu was not even found in or recovered from her possession. It just so happened that she was in the area during the delivery of the drugs. The argument did not persuade the Supreme Court. There is conspiracy if two or more persons agree to commit a felony and decide to commit it. Conspiracy must be proven on the same quantum of evidence as the felony subject of the agreement of the parties. Conspiracy may be proved by direct or circumstantial evidence consisting of acts, words, or conduct of the alleged conspirators before, during and after the commission of the felony to achieve a common design or purpose. The existence of conspiracy in this case was clearly established not only by the prosecution’s evidence but also by appellant’s very own testimony. As can be gleaned from appellant’s testimony as well as from the testimony of Carla as to what transpired during the actual buy-bust operation, appellant acted in common concert with her co-accused in the illegal sale of shabu. She cannot therefore isolate her act of merely accompanying Espiritu to the RFC Food Court or carrying the shabu since in conspiracy the act of one is the act of all. To be a conspirator, one need not participate in every detail of the execution; he need not even take part in every act or need not even know the exact part to be performed by the others in the execution of the conspiracy. People of the Philippines v. Simpresueta M. Seraspe, G.R. No. 180919, January 9, 2013.

Extinction of criminal liability and civil liability ex delicto upon death of accused. Article 89(1) of the Revised Penal Code provides that criminal liability is totally extinguished by the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. It is also settled that “upon the death of the accused pending appeal of his conviction, the criminal action is extinguished inasmuch as there is no longer a defendant to stand as the accused; the civil action instituted therein for recovery of civil liability ex delicto is ipso facto extinguished, grounded as it is on the criminal.” While appellant Florencio died way back on February 7, 2007, the said information was not timely relayed to the Supreme Court (SC), such that the SC was unaware of the same when it rendered its December 14, 2011 Decision. It was only later that the SC was informed of Florencio’s death through the June 8, 2012 letter of the Officer-in-Charge of the New Bilibid Prison. Due to this development, it therefore became necessary for the SC to declare Florencio’s criminal liability, as well as his civil liability ex delicto, to have been extinguished by his death prior to final judgment. The judgment of conviction is thus set aside insofar as Florencio is concerned. People of the Philippines v. Florencio Agacer, et al, G.R. No. 177751, January 7, 2013.

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September 2012 Philippine Supreme Court Decisions on Criminal Law and Procedure

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

1.            REVISED PENAL CODE

Conspiracy; evidence. Conspiracy existed here as may be inferred from the concerted actions of the appellants and their co-accused, namely: (1) appellants and their co-accused brought Samuel to a waiting shed located on the left side of the road where the yellow pick-up service vehicle boarded by Mayor Tawan-tawan and his group would pass; (2) appellants and their co-accused, thereafter, assembled themselves on both sides of the road and surreptitiously waited for the aforesaid yellow pick-up service vehicle; (3) the moment the yellow pick-up service vehicle passed by the waiting shed, appellants and their co-accused opened fire and rained bullets thereon resulting in the killing and wounding of the victims; (4) immediately, appellants and their co-accused ran towards the house of Samuel’s aunt to get their bags and other stuff; (5) Samuel followed appellants and their co-accused; and (6) appellants and their co-accused fled. Conspiracy is very much evident from the afore-enumerated actuations of the appellants and their co-accused. They were synchronized in their approach to riddle with bullets the vehicle boarded by Mayor Tawan-tawan and his group. They were motivated by a single criminal impulse ─ to kill the victims. Conspiracy is implied when the accused persons had a common purpose and were united in its execution. People of the Philippines v. Wenceslao Nelmida, et al, G.R. No. 184500, September 11, 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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April 2012 Philippine Supreme Court Decisions on Criminal Law and Procedure

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

1.         REVISED PENAL CODE

Composite crime; defined.  The felony of rape with homicide is a composite crime.  A composite crime, also known as a special complex crime, is composed of two or more crimes that the law treats as a single indivisible and unique offense for being the product of a single criminal impulse. It is a specific crime with a specific penalty provided by law and differs from a compound or complex crime under Article 48 of the Revised Penal Code, which states that “[w]hen a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. People v. Villaflores,G.R. No. 184926, April 11, 2012.

Composite crime and compound crime differentiated. There are distinctions between a composite crime, on the one hand, and a complex or compound crime under Article 48 of the Revised Penal Code, on the other hand. In a composite crime, the composition of the offenses is fixed by law; in a complex or compound crime, the combination of the offenses is not specified but generalized, that is, grave and/or less grave, or one offense being the necessary means to commit the other. For a composite crime, the penalty for the specified combination of crimes is specific; for a complex or compound crime, the penalty is that corresponding to the most serious offense, to be imposed in the maximum period. A light felony that accompanies a composite crime is absorbed; a light felony that accompanies the commission of a complex or compound crime may be the subject of a separate information. People v. Villaflores, G.R. No. 184926, April 11, 2012.

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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.

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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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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.

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