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.

Continue reading

Advertisements

January 2011 Philippine Supreme Court Decisions on Political Law

Here are selected January 2011 rulings of the Supreme Court of the Philippines on political law:

Constitutional Law

Bill of Rights; Rights under custodial investigation. As found by the Court of Appeals, (1) there is no evidence of compulsion or duress or violence on the person of Nagares; (2) Nagares did not complain to the officers administering the oath during the taking of his sworn statement; (3) he did not file any criminal or administrative complaint against his alleged malefactors for maltreatment; (4) no marks of violence were observed on his body; and (5) he did not have himself examined by a physician to support his claim. Moreover, appellant’s confession is replete with details, which, according to the SC, made it highly improbable that it was not voluntarily given. Further, the records show that Nagares was duly assisted by an effective and independent counsel during the custodial investigation in the NBI. As found by the Court of Appeals, after Nagares was informed of his constitutional rights, he was asked by Atty. Esmeralda E. Galang whether he accepts her as counsel. During the trial, Atty. Galang testified on the extent of her assistance. According to her, she thoroughly explained to Nagares his constitutional rights, advised him not to answer matters he did not know, and if he did not want to answer any question, he may inform Atty. Galang who would be the one to relay his refusal to the NBI agents. She was also present during the entire investigation. Thus, the SC held that there was no duress or violence imposed on the person of Nagares during the custodial investigation and that Nagares was duly assisted by an independent counsel during such investigation in the NBI. People of the Philippines vs. Rodolfo Capitle and Arutor Nagares, G.R. No. 175330, January 12, 2010.

Bill of Rights; Double jeopardy. As a rule, a judgment of acquittal cannot be reconsidered because it places the accused under double jeopardy. On occasions, however, a motion for reconsideration after an acquittal is possible.  But the grounds are exceptional and narrow as when the court that absolved the accused gravely abused its discretion, resulting in loss of jurisdiction, or when a mistrial has occurred. In any of such cases, the State may assail the decision by special civil action of certiorari under Rule 65. Here, although complainant Vizconde invoked the exceptions, he was not able to bring his pleas for reconsideration under such exceptions. Complainant Vizconde cited the decision in Galman v. Sandiganbayan as authority that the Court can set aside the acquittal of the accused in the present case.  But the Court observed that the government proved in Galman that the prosecution was deprived of due process since the judgment of acquittal in that case was “dictated, coerced and scripted.”  It was a sham trial.  In this case, however, Vizconde does not allege that the Court held a sham review of the decision of the CA.  He has made out no case that the Court held a phony deliberation such that the seven Justices who voted to acquit the accused, the four who dissented, and the four who inhibited themselves did not really go through the process. Antonio Lejano vs. People of the Philippines / People of the Philippines vs. Hubert Jeffrey P. Webb, et al., G.R. No. 176389/G.R. No. 176864. January 18, 2011.

Continue reading

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.

Continue reading

July 2009 Philippine Supreme Court Decisions on Political Law

Here are selected July 2009 Philippine Supreme Court decisions on political law:

Constitutional Law

Double positions. The office of the Chairman of the Philippine National Red Cross is not a government office or an office in a government-owned or controlled corporation for purposes of the prohibition in Section 13, Article VI of the 1987 Constitution, which provides: “No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.”  Dante Liban, et al. vs. Richard J. Gordon, G.R. No. 175352, July 15, 2009.

Illegal search. Even assuming that petitioner or any lawful occupant of the house was not present when the search was conducted, the search was done in the presence of at least two witnesses of sufficient age and discretion residing in the same locality. Manalo was the barangay chairman of the place while Velasco was petitioner’s employee. Petitioner herself signed the certification of orderly search when she arrived at her residence. Clearly, the requirements of Section 8, Rule 126 of the Rules of Court were complied with by the police authorities who conducted the search. Further, petitioner failed to substantiate her allegation that she was just forced to sign the search warrant, inventory receipt, and the certificate of orderly search. In fact, the records show that she signed these documents together with three other persons, including the barangay chairman who could have duly noted if petitioner was really forced to sign the documents against her will.

Articles which are the product of unreasonable searches and seizures are inadmissible as evidence pursuant to Article III, Section 3(2) of the Constitution. However, in this case, the Supreme Court sustained the validity of the search conducted in petitioner’s residence and, thus, the articles seized during the search are admissible in evidence against petitioner.  Rosario Panuncio  vs. People of the Philippines, G.R. No. 165678, July 17, 2009.

Continue reading

April 2009 Decisions on Constitutional and Related Laws

Here are selected April 2009 decisions of the Supreme Court on constitutional and related laws:

Constitutional Law

Administrative regulation; void. Executive Order No. 566, which grants the CHED the power to regulate review center, is unconstitutional as it expands Republic Act No. 7722,. The CHED’s coverage under RA 7722 is limited to public and private institutions of higher education and degree-granting programs in all public and private post-secondary educational institutions.  EO 566 directed the CHED to formulate a framework for the regulation of review centers and similar entities.    A review center is not an institution of higher learning as contemplated by RA 7722.  It does not offer a degree-granting program that would put it under the jurisdiction of the CHED. Review Center Associations of the Philippines vs. Executive Secretatry Eduardo Ermita, et al., G.R. No. 180046,  April 2, 2009.

Agrarian reform; coverage. For the parcels of land subject of this petition to come within the coverage of P.D. No. 27, it is necessary to determine whether the land is agricultural. Here, the subject parcels of land cannot be considered as within the ambit of P.D. No. 27 considering that the subject lots were reclassified by the DAR Secretary as suited for residential, commercial, industrial or other urban purposes way before petitioner filed a petition for emancipation under P.D. No. 27.  Laureano V. Hermoso, et al. vs. Heirs of Antonio Francia and Petra Francia, G.R. No. 166748,  April 24, 2009.

Compensation. Officers who in good faith have discharged the duties pertaining to their office are legally entitled to the compensation attached to the office for the services they actually rendered. Although the present petition must inevitably be dismissed on a technicality that serves as penalty for the pernicious practice of forum shopping, the Court nevertheless cannot countenance the refund of the compensation differential corresponding to petitioner’s tenure as HEDF head with the upgraded rank of Director III, since she had actually rendered services in the office with the elevated grade for that period.  Alicia D. Tagaro vs. Ester A. Garcia, etc.,G.R. No. 173931, April 2, 2009.

Continue reading