Here are selected September 2010 rulings of the Supreme Court of the Philippines on criminal law and procedure:
1. Revised Penal Code
Attempted rape; acts of lasciviousness. Insisting that there was no attempted rape, petitioner argues that AAA merely testified that he told her that they would have sexual intercourse, and that “this is not equivalent to carnal knowledge, or even an attempt to have carnal knowledge” since there is no showing that he had commenced or attempted to insert his penis into her sexual organ before she fled. Disagreeing with the accused, the Court ruled that while rape and acts of lasciviousness have the same nature, they are fundamentally different. For in rape, there is the intent to lie with a woman, whereas in acts of lasciviousness, this element is absent. Petitioner’s acts, as narrated by AAA, far from being mere obscene or lewd, indisputably show that he intended to have and was bent on consummating carnal knowledge of AAA. Jaren Tibong y Culla-ag vs. People of the Philippines, G.R. No. 191000, September 15, 2010.
Complex Crime; penalty. ART. 48 of the Revised Penal Code provides that when 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. Appellant’s single act of detonating an explosive device may quantitatively constitute a cluster of several separate and distinct offenses, yet these component criminal offenses should be considered only as a single crime in law on which a single penalty is imposed because the offender was impelled by a single criminal impulse which shows his lesser degree of perversity. Thus, applying the aforesaid provision of law, the maximum penalty for the most serious crime, which is murder, is death. Pursuant, however, to Republic Act No. 9346 which prohibits the imposition of the death penalty, the appellate court properly reduced the penalty of death which it previously imposed upon the appellant to reclusion perpetua. People of the Philippines vs. Reynaldo Barde, G.R. No. 183094, September 22, 2010.
Liability of accused; effect of death. The death of the accused during the pendency of his appeal with the Supreme Court totally extinguished his criminal liability. Such extinction is based on Article 89 of the Revised Penal Code. The death of the accused likewise extinguished the civil liability that was based exclusively on the crime for which the accused was convicted (i.e., ex delicto), because no final judgment of conviction was yet rendered by the time of his death. Only civil liability predicated on a source of obligation other than the delict survived the death of the accused, which the offended party can recover by means of a separate civil action. People of the Philippines vs.. Bringas Bunay y Dam-at, G.R. No. 171268, September 14, 2010.