Criminal Law Compiled

University of San Carlos College of Law BAR REVIEWER

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CRIMINAL LAW

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People of the Philippines vs. Manolito Opiana Y Tanael; G.R. No. 200797, January 12, 2015; Second Division, Del Castillo, J. Prosecution under the Dangerous Drugs Act of 2002 What are the elements of illegal sale and illegal possession of Dangerous Drugs, in violation of the Dangerous Drugs Acts of 2002? For sale of illegal drugs the prosecution must satisfactorily establish the following elements: (1) the identity of the buyer and the seller, the object and the consideration; and (2) the delivery of the thing sold and the payment therefor. What is is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti or the illicit drug in evidence. The elements of illegal possession of Dangerous Drugs under RA 9165 are to wit: (1) appellant was shown to have been in possession of shabu, a prohibited drug; (2) his possession was not authorized by law; and (3) he freely and consciously possessed the said illegal drug.

Gary Fantastico and Rolando Villanueva vs. Elpidio Malicse Sr. and People of the Philippines; GR No. 190912, January 12, 2015; Third Division, Peralta, J. Elements of an Attempted Felony/Crime The accused were charged for the Attempted Murder where the victim was unarmed and drunk, while his attackers were all armed. However, it was averred that the inclusion of the phrase "not necessarily mortal" in the information means that there is an absence of intent to kill on their part, negating the attempt to murder. Are they correct? No. Intent to kill is a state of mind that can be discerned only through external manifestations. The elements of an attempted felony are (1) The offender commences the commission of the felony directly by overt acts; (2) He didn’t perform all the acts of execution which should produce the felony; (3) The offender's act be not stopped by his own spontaneous desistance; (4) The non-performance was due to cause or accident other than his spontaneous desistance. What’s important is that all the elements of attempted murder are alleged and proven to be present.

People of the Philippines vs. Arnaldo Bosito y Chavenia; G.R. No. 209346, January 12, 2015; Second Division, Carpio, J. Elements of Self-Defense While watching a game, Bosito hacked Bonaobra with a bolo. The blow to Bonaobra’s head caused him to slump to the ground and while escaping, Bosito repeatedly stabbed Bonaobra. Bosito invoked self-defense as he was allegedly ganged up by Bonaobra’s group. Was there self-defense? No. By invoking self-defense Bosito had the burden to prove that the killing was justified. The elements of self-defense are: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person claiming self-defense. Aside from Bosito’s self-serving

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testimony, they didn’t present other witnesses to corroborate his testimonies. The means employed to prevent or repel the supposed unlawful aggression was beyond what’s reasonably necessary. The number, nature, and gravity of the wounds sustained by Bonaobra reveal a determined effort to kill, negating self-defense.

People of the Philippines vs. Jeric Pavia y Paliza @ "Jeric" and Juan Buendia y Delos Reyes @ "June"; G.R. No. 202687, January 14, 2015; First Division, Perez, J. Prosecution under the Dangerous Drugs Act of 2002 A confidential informant reported to the police that a pot session was taking place in a house in Laguna. The police proceeded to the area where they saw 4 people having a pot session in the living room. They were charged with violation of the Comprehensive Drugs Act of 2002. What are the elements for Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings under RA 9165? The elements under Sec. 13 of RA 9165 are to wit: (1) possession by the accused of an item or object identified to be a prohibited or dangerous drug; (2) such possession is not authorized by law; (3) the free and conscious possession of the drug by the accused, and lastly, (4) the accused possessed the prohibited or dangerous drug during a social gathering or meeting, or in the company of at least two persons.

People of the Philippines vs. Nestor Suarez y Magtagnob; G.R. No. 201151, January 14, 2015 ; First Division, Perez, J. Rape (Conducts of the Rape Victim) Accused was indicted for raping his minor niece. The offender is a relative within the third civil degree by affinity and the victim is a minor under 18 years. Apellant countered that based on AAA’s testimony, there appears to be no significant resistance AAA who did not shout when appellant was allegedly defiling her. Is the accused correct? No. It has been settled that in rape cases, the law does not impose a burden on the rape victim to prove resistance because it is not an element of rape. Not all victims react the same way. Some may appear to yield to the intrusion, others may offer strong resistance. The failure of a rape victim to offer tenacious resistance does not make her submission to accused's criminal acts voluntary. What is necessary is that the force employed against her was sufficient to consummate the purpose which he has in mind.

People of the Philippines vs. Palmy Tibayan and Rico Z. Puerto G.R. Nos. 209655-60, January 14, 2015; First Division, Perlas-Bernable, J. Syndicated Estafa Tibayan and Puerto were charged of Syndicated Estafa. They were engaged in a classic Ponzi scheme where they induced the public to invest by offering a very high monthly interest rate. However, the company later on closed down without the private complainants having been paid. Are they guilty of syndicated estafa?

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Yes. All the elements of Syndicated Estafa, through a Ponzi scheme, are present: (a) the incorporators/directors of TGICI comprising more than five (5) people, made false pretenses and representations to the investing public - the private complainants - for a lucrative investment opportunity with TGICI to solicit money from them; (b) the said false pretenses and representations were made prior to or simultaneous with the commission of fraud; (c) relying on the same, private complainants invested their hard earned money; and (d) the incorporators/directors of TGICI ended up running away with the private complainants' investments, to the latter's prejudice.

People of the Philippines vs. Alfredo Morales Y Lam; G.R. No. 206832, January 21, 2015; First Division, Perez, J. Effect of Death of the accused pending appeal of the Case Alfredo Morales, after trial, was found guilty by the Regional Trial Court and Court of Appeals of illegal sale and possession of dangerous drugs, thereby violating RA 9165. He appealed the case to the Supreme Court. However, pending appeal, he died. What happens to the case? The case is dismissed. The death of accused-appellant Morales pending appeal of his conviction, extinguishes his civil and criminal liabilities, pursuant to Art. 89(1) of the Revised Penal Code. However, there exists no civil liability in violations of RA 9165. Thus, there is no civil liability to extinguish.

People of the Philippines vs. Arnel Balute y Villanueva G.R. No. 212932, January 21, 2015; First Division, Perlas-Bernabe, J. Robbery with Homicide While SPO1 Manaois was on board his owner-type jeepney with his wife and daughter during a heavy traffic, Balute, after poking a gun at the side of SPO1 Manaois and saying "putang ina, ilabas mo!", grabbed SPO1 Manaois's mobile phone from his chest pocket and shot him at the left side of his torso. SPO1 Manaois sustained mortal gunshot wound which was the direct and immediate cause of his death. Is the accused guilty of Robbery with Homicide? Yes. To sustain a conviction for robbery with homicide, the prosecution must prove the following elements: (1) the taking of personal property belonging to another; (2) with intent to gain; (3) with the use of violence or intimidation against a person; and (4) on the occasion or by reason of the robbery, the crime of homicide, as used in its generic sense, was committed. All of these are present in the case. By poking a gun at Manaois and eventually killing him after the taking of the properties herein, such consummated the crime.

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People of the Philippines vs. Chi Chan Liu @ Chan Que and Hui Lao Chung a.ka. Leofe Senglao; G.R. No. 189272, January 21, 2015; Third Division, Peralta, J. Illegal Importation The police forces of Mindoro went to the shore of Ambil Island where men were suspiciously transferring bags of suspected illegal drugs from one boat to another. In the boat, bags full of white crystalline substance were found. The accused, who were in the boat, were detained and charged with Importation of Illegal Drugs. They didn’t respond to questions by the police. Instead, they kept on telling the police that “big money” was waiting if they “called China.” They were convicted of importation. Was the conviction valid? No. Importation necessarily connotes the introduction of something into a certain territory coming from an external source. If the article merely came from the same territory, there cannot be any importation of the same. The mere fact that the accused were from China does not establish, beyond reasonable doubt that the origin of the illegal drugs were from outside Philippine territory.

People of the Philippines vs. Domingo Dilla Y Paular GR No. 200333, January 21, 2015; Second Division, Del Castillo, J. Award of Damages for Criminal Cases May the Supreme Court in a criminal case (murder) validly grant temperate damages in lieu of actual damages notwithstanding that the amount of the actual damages is less than the grant of the temperate damages? Yes. When actual damages proven by receipts during the trial amount to less than P25,000.00, as in this case (as the actual damages with receipt only amount to 15,000), the award of temperate damages of P25,000.00 is justified in lieu of actual damages of a lesser amount. However, in the dispositive portion the decision, the grant of actual damages is DELETED and replaced with temperate damages to the amount aforestated.

People of the Philippines vs. Gerardo Enumerable y De Villa GR No. 207993, January 21, 2015; Second Division, Carpio, J. Prosecution under the Dangerous Drugs Act of 2002 What is the effect when the prosecution fails to sufficiently establish who had custody of the illegal drug from the moment it was allegedly transmitted from the Batangas Provincial Crime Laboratory until it was allegedly delivered to RTC? The accused will be acquitted notwithstanding that he has been convicted both by the RTC and the CA. When the identity of the dangerous drug recovered from the accused is not the same dangerous drug presented to the forensic chemist for review and examination, nor the same dangerous drug presented to the court, the identity of the dangerous drug is not preserved due to the broken chain of custody. With this, an element in the criminal cases for illegal sale and illegal possession of dangerous drugs, the corpus delicti, is not proven, and the accused must then be acquitted based on reasonable doubt.

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People of the Philippines vs. Michael Joson y Rogando G.R. No. 206393, January 21, 2015; First Division, Perez, J. Rape (Needed Degree of Force and Intimidation on the Victim) Appellant was accused with raping his fourteen year old sister when they were left alone at home. Appellant argues that there can be no rape because AAA did not allege that she was threatened by appellant with the use of any firearm or any bladed weapon nor did appellant say anything to threaten or intimidate her. Furthermore, there was even no showing of any resistance on the part of AAA to his alleged sexual advances. Is the appellant correct? No. It has been held that the force or violence that is required in rape cases is relative; when applied, it need not be overpowering or irresistible. That it enables the offender to consummate his purpose is enough. Besides, physical resistance is not the sole test to determine whether a woman voluntarily succumbed to the lust of an accused. After all, resistance is not an element of rape.

Richard Ricalde vs. People of the Philippines; G.R. No. 211002, January 21, 2015; Second Division, Leonen, J. Variance Doctrine and the Penalty Imposable when the Victim is a Child Appellant was charged with rape through sexual assault. He inserted his penis in the anus of a 10-year-old boy. He was found guilty. He averred that the variance doctrine should have been used in imposing his penalty. Is he correct? No. When there’s a variance between the offense charged in the complaint and what’s proven and the offense charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged. Here, no variance exists between what was charged and proven. The prosecution established all elements of the crime. The gravamen is the insertion of the penis into another’s mouth or anal orifice. However, the penalty to be imposed is reclusion temporal in its medium period under RA 7610, higher than the imposable penalty in the Revised Penal Code. A higher penalty is intended when the victim is a child.

Rogelio J. Gonzaga vs. People of the Philippines G.R. No. 195671, January 21, 2015; First Division, Perlas-Bernabe, J. Imposition of Penalties for Complex Crimes Dionesio was driving his motorcycle together with his children. While ascending the curving road, a car driven by Rogelio collided with the motorcycle. The children suffered injuries while Dionesio died. The lower courts found Rogelio guilty of Reckless Imprudence Resulting to Homicide with Double Serious Physical Injuries and Damage to Property and sentenced him a higher indeterminate penalty of (4) years, (2) months of prision correccional maximum, as minimum, to (8) years and (1) day of prision mayor medium, as maximum. Is the penalty based from most serious crime reasonable?

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Yes. The RPC 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, in this case, Reckless Imprudence Resulting to Homicide, shall be imposed, in its maximum period.

Kyle Anthony Zabala vs. People of the Philippines; G.R. No. 210760, January 26, 2015; Third Division, Velasco, J. Prosecution for Theft Kyle was charged for theft. Marlyn his girlfriend testified that she saw Kyle climb through Randolph’s fence and enter his house. She later saw Kyle went out of the house with a big bulge in his pocket. They went shopping for a cellphone later that day. Is Kyle guilty? No. The corpus delicti for the crime of theft is not proven in this case. In theft, corpus delicti has two elements: (1) that the property was lost by the owner, and (2) that it was lost by felonious taking. While it was proven that the property was lost, it cannot be proven that such was lost due to a felonious taking and that it was the petitioner who committed the felonious taking. Marlyn's testimony does not show that when Kyle left the house, he had with him the money. She merely testified that there was a bulge in his pocket.

People of the Philippines vs. Amy Dasigan y Oliva G.R. No. 206229; February 4, 2015; First Division, Perez, J. Prosecution under the Dangerous Drugs Act of 2002 Amy was apprehended for selling illegal drugs in violation of the Dangerous Drugs Act during a buy-bust operation. There, she delivered the shabu but she only saw the money and didn’t receive it. Are the elements of illegal sale of Dangerous present? No, hence, she is not liable for sale of illegal drugs. It is material in illegal sale of dangerous drugs that the sale actually took place, and what consummates the buy-bust transaction is the delivery of the drugs to the poseur-buyer and, in turn, the seller’s receipt of the marked money. Receipt of the marked money, whether done before delivery of the drugs or after, is required.

People of the Philippines vs. Jomer Butial G.R. No. 192785, February 4, 2015; Second Division, Del Castillo, J. Prosecution under the Dangerous Drugs Act of 2002 Accused was caught selling illegal drugs during a buy-bust operation. Thus he was charged for violation of the Comprehensive Dangerous Drugs Act of 2002. However, there was no marking nor were there photographs of the shabu. Will the accused be convicted? No. In the prosecution for the illegal sale of drugs, the identities of the buyer, seller, object, and the consideration; and also the delivery of the thing sold and the payment therefor must be shown. Further, the evidence of corpus delicti must be established beyond doubt where its identity and integrity be definitely shown to have been preserved. The prosecution failed to

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show that the identity and integrity of the corpus delicti were preserved. The confiscated sachets weren’t marked nor were there photographs of the shabu confiscated. The lack of certainty on a crucial element of the crime such as the identity of the corpus delicti, warrants acquittal.

People of the Philippines vs. Pacito Epejon Y Lebios G.R. No. 199445, February 04, 2015; First Division, Perez, J. Prosecution for Rape; Conducts of the Rape Victim AAA, a 12-year old girl, was raped by the accused on 5 different occasions. Accused averred that the lower court failed in its appreciation of AAA’s testimony as it may have overlooked certain circumstances therein. He contends the act of the victim receiving P20.00 from him after each act of rape goes against the case of the victim. Is the accused correct? No. Such receipt P20.00 from the appellant is not prejudicial to the accusations of rape. It neither excuses appellant’s dastardly acts nor implies AAA’s consent thereto. The fact that the money was an unsolicited thing that was handed to AAA after the ruttish subjection, such act which is indignity upon insult. It is incomprehensible that for an ordinary 12-year-old Filipina girl, would just suddenly surrender herself to the sexual desires of a married man almost four times her elder in exchange for money.

People of the Philippines vs. Sander Dacuma Y Lunsod; G.R. No. 205889, February 4, 2015; First Division, Perez J. Prosecution under the Dangerous Drugs Act of 2002 A buy-bust operation was conducted to entrap Dacuma. He was then charged with illegal sale and illegal possession of dangerous drugs. In defense, they raised the issue on the noncompliance with the procedure on custody and safekeeping of seized dangerous drugs. Should he be acquitted? Yes. The requisites for illegal sale of dangerous drugs: (1) identity of the buyer and the seller, the object and consideration of the sale; and (2) the delivery of the thing sold and the payment therefor. What’s essential is to prove that the sale actually took place, coupled with the presentation in court of evidence of the corpus delicti. The sale is perfected the moment the buyer receives the drug from the seller. The prosecution failed to prove that the shabu eventually presented in court were the same ones confiscated by the officers due to its non-marking at the place where the buy-bust operation was committed.

People of the Philippines vs. Oscar Sevillano y Retanal; G.R. No. 200800, February 09, 2015; First Division, Perez, J. Murder; Treachery as Qualifying Circumstance Pablo and the witnesses were seated on a bench at a vacant lot when they saw Oscar. Oscar who appeared to be drunk, walked toward them. Without warning, Oscar pulled out a knife and stabbed Pablo on the chest. Is Oscar guilty of murder?

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YES. The accused is guilty of murder. The prosecution witnesses positively identified the accused as the person who stabbed the victim which eventually caused the latter’s death. There’s treachery as a qualifying circumstance. The attack on the unsuspecting victim, who was merely seated on a bench and talking with his friends, was very sudden, depriving the victim of any chance to defend himself or to repel the aggression, thus insuring its commission without risk to the aggressor and without any provocation on the part of the victim.

Angelita Cruz Benito vs. People of the Philippines; G.R. No. 204644, February 11, 2015; Second Division, Leonen, J. Conspiracy Abadilla and Agbulos entered into several transactions for the sale of jewelry. In all these transactions, Benito accompanied Agbulos. Agbulos misappropriated the jewelry belonging to Abadilla. Was there a conspiracy between Benito and Agbulos in committing Estafa? No. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. So long as the evidence show a "common design or purpose” to commit the crime, all the accused shall be held equally liable as co-principals even if one or more of them didn’t participate in all the details of the execution of the crime. There’s no proof of Benito's direct participation in the commission of the crime. Neither is there proof beyond reasonable doubt of her conspiracy with Agbulos. The fact that Benito accompanied Agbulos in going to Abadilla's residence, doesn’t prove that Benito received any jewelry from Abadilla.

People of the Philippines vs. Abola Bio y Panayangan; G.R. No. 195850, February 16, 2015; Second Division, Del Castillo, J. Prosecution under the Dangerous Drugs Act of 2002 A buy-bust operation was conducted against the accused wherein he sold to PO2 Salonga one plastic sachet of Shabu and that an ensuing body search revealed that he possessed another plastic sachet containing the same illegal substance. What are the elements needed to convict an accused for illegal sale and illegal possession of dangerous drugs? To sustain a conviction under for illegal sale, all that is needed for the prosecution to establish are (1) the identity of the buyer, seller, object and consideration; and (2) the delivery of the thing sold and the payment therefor. In illegal possession of dangerous drugs, it is necessary to prove that: (1) the accused is in possession of an item or object which is identified to be a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the drug.

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People of the Philippines vs. Alfredo Reyes y Santos G.R. NO. 194606, February, 18, 2015; Second Division, Del Castillo, J. Prosecution under the Dangerous Drugs Act of 2002 Alfredo was charged with illegal sale of dangerous drugs under RA 9165 because of a buy-bust operation. However, they argue that there was failure to establish the elements of the illegal sale in proving that payment was given in consideration thereof, in fact there was an absence of a marked money in the buy bust operation. Is he correct? Yes. The crime of illegal sale of dangerous drugs, such as shabu, has the following elements: (1) identity of the buyer and seller, object, and consideration; (2) the delivery of the thing sold and the payment therefor. The delivery of the illicit drug to the poseur-buyer and the receipt by the seller of the marked money successfully consummate the buy-bust transaction. Here, the second element is wanting as SPO1 Acosta even testified that there was no need to give the money as payment during the sale.

People of the Philippines vs. Eric Rosauro y Bongcawil G.R. No. 209588, February 18, 2015; First Division, Perez, J. Prosecution under the Dangerous Act of 2002 On the basis of reports that Eric Rosauro was selling and distributing drugs, an entrapment operation was conducted. In exchange for the (1) sachet of shabu given by Rosauro to the confidential agent, the latter gave him a marked 100-peso bill. Rosauro averred that the operation was a decoy solicitation of persons seeking to expose the criminal and the informant wasn’ t presented in court. The solicitation of drugs from appellant by the informant utilized by the police merely furnishes evidence of a course of conduct. They duly acted on the information received by effecting a drug transaction with appellant. There was no showing the appellant was induced to sell drugs. As a rule, informants are not presented in court for security reasons. Only when the testimony of the informant is considered absolutely essential in obtaining the conviction of the culprit should the need to protect his security be disregarded.

People of the Philippines vs. Dante Dela Peña and Dennis Delima G.R. No. 207635, February 18, 2015; Third Division, Villarama, Jr. Prosecution under the Dangerous Drugs Act of 2002 The accused were caught in a buy bust operation and were charged with illegal sale and illegal possession of dangerous drugs. They argue that their guilt was not established. What are the elements of illegal sale and illegal possession of illegal drugs and the primary consideration in their prosecution? The elements for the prosecution of illegal sale of dangerous drugs are: (1) the identities of the buyer and seller, the object, and consideration; and (2) delivery of the thing sold and the payment therefor. For illegal possession, (a) the accused is in possession of a prohibited or dangerous drug; (b) such possession is not authorized by law; and (c) the accused freely and

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consciously possessed the drug. The primary consideration is to ensure that the identity and integrity of the seized drugs have been preserved from the time they were confiscated from the accused until their presentation in court.

People of the Philippines vs. Virgilio Largo Perondo G.R. NO. 193855, February 18, 2015; Second Division, Del Castillo, J. Prosecution under the Dangerous Drugs Act of 2002 (1)Is the presentation of the poseur-buyer as witness indispensable in a prosecution for violation of Section 5, Article II of R.A. 9165? (2) Is the non-participation of the PDEA fatal to a buy-bust operation? 1. No. As long as all the elements of Illegal sale of drugs were proved beyond reasonable doubt and the police officers presented as witnesses were all part of the buy-bust operation as direct witnesses to the actual sale of the Shabu, the Accused’s arrest immediately thereafter and the recovery from the poseur-buyer of the marked money, the testimony of the poseur-buyer is merely corroborative. 2. No, the coordination with the PDEA is not a crucial requisite of a proper buy-bust operation; it is not invalidated by mere non-coordination with the PDEA.

People of the Philippines vs. Ja Hinlo @ "Inday Kabang" (at large), Richard Palma y Varcas @ "Inday Atet", Ruvico Senido y Hamaybay @ "Ruby" and Edgar Pedroso Y Palasol @ "Libat" G.R. No. 212151, February 18, 2015; Second Division, Del Castillo, J. Robbery with Homicide The accused were all armed with knives when they broke into the house of spouses Clavel, took certain personal properties, and in the course thereof, stabbed Freddie, resulting to his death. This is supported by the testimony of the state witness, Dumagat, who presented a detailed, consistent and credible narrative of the incident and positively identified accusedappellants as perpetrators of the crime. Are they guilty of Robbery with Homicide? Yes. In robbery with homicide, robbery must be the main purpose, the killing is merely incidental to the robbery. The intent to rob must precede the killing, but the killing may occur before, during or after the robbery. Such were present here as shown by the fact that they only killed Freddie when he woke up to go to the bathroom after they have already gained entry by destroying the knob of the kitchen door and took the Spouses’ personal properties.

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People of the Philippines vs. LTSG. Dominador Barabos, LTJG. Manny G. Ferrer, LTJG. Ronald G. Magsino, LTJG. Gerry P. Doctor, Ens. Dominador B. Operio, Jr., and the Hon. Sandiganbayan; G.R. No. 174786 & 171222, February 18, 2015; First Division, Sereno C.J. Liability of Accomplices when the Case is dismissed against the Principals Alvarez et. Al were charged for the crime of hazing in the RTC. Criminal charges were then filed with the Sandiganbayan against the school authorities as accomplices to the aforesaid crime. They presented an Order of Entry of Judgment of the dismissal of the charges against Alvarez et al. There being no more principals, should the case against them be dismissed also? NO. Those charged as accomplices are not ipso facto dismissed in the dismissal of the case against the principals. As long as the commission of the crime can be proven, the trial against the accomplices can proceed independently. The school authorities merely presented the Order of Entry of Judgment. The order does not mention that the case was dismissed against the alleged principals, because no crime had been committed.

People of the Philippines vs. Ronald Nical y Alminario G.R. No. 210430, February 18, 2015; Third Division, Reyes. Rape; (Presence of Physical Injuries on the Victim) For the prosecution of rape, the physician testified that he found no signs of any injury, sexual abuse, lacerations, lesions and bleeding in the private parts of the victim, whose hymen he noted was no longer intact. He clarified that the victim could have had prior sexual intercourse months or years earlier, although his medical findings do not exclude the possibility that she was raped or sexually abused by the accused a few days earlier. Does the absence of physical injuries or lacerations negate the crime of rape? No. It is settled that the absence of physical injuries or fresh lacerations does not negate rape. Although medical results may not indicate physical abuse or hymenal lacerations, rape can still be established by other evidences. In fact, medical findings or proof of injuries are not among the essential elements in the prosecution for rape.

People of the Philippines vs. Mera “Joy” Eleuterio Nielles @ Mera Nielles Delos Reyes G.R. No. 200308, February 23, 2015; Second Division, Del Castillo, J. Qualified Theft Mera Joy as cashier, collected P640,353.86 from the sub-guarantors. However, she didn’t remit the amount to her employer, Flores, nor deposit such in her account. Instead, she issued 15 personal checks totaling P640,353.86 and deposited them to Flores’ account. All checks were dishonored upon presentment due to “account closed.” Can she be liable for qualified theft? Yes. All the elements of qualified theft were present. There was abuse of confidence. Accused herself testified that as a cashier, her functions include collections from agents and the making of deposits and withdrawals in behalf of Flores. An employee who comes into possession of the monies she collected enjoys the confidence reposed in her by her employer. The taking of

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the amount collected was with intent to gain. It was accomplished without the use of violence or intimidation against persons, or force upon things as the payments were voluntarily handed to her by the sub-guarantors.

Cherry Ann Benabaye vs. People of the Philippines G.R. No. 203466, February 25, 2015; First Division; Perlas-Bernabe, J. Estafa Petitioner was the Loans Bookkeeper of Siam Bank Inc. She was authorized to collect and accept loan payments of Siam Bank's clients, issue provisional receipts therefor and remit such payments to her supervisor. The funds were allegedly misappropriated. Did the alleged misappropriation amount to Estafa? No. Estafa’s first element is wanting. Under the first element, when the money, goods, or any other personal property is received by the offender from the offended party (1) in trust or (2) on commission or (3) for administration, he acquires both material and juridical possession of the thing received. Juridical possession means a possession giving the transferee a right over the thing which the transferee may set up even against the owner. Benabaye’s possession was only material. As a collector of loan payments from the clients, the money merely passes into her hands where she takes custody thereof only for the banking day.

People of the Philippines and AAA vs. Court of Appeals 21st Division, Mindanao Station, et al.; GR No. 183652, 25 February 2015; Third Division, Peralta, J. Rape (Conducts of the Rape Victim) After their drinking spree to celebrate their graduation, AAA was raped by the 3 accused. The CA acquitted the accused as there was consensual sex from the fact that AAA did not resist nor did she cry for help. Was there rape? Yes. AAA was heavily intoxicated at the time of the assault. The elements of rape are: (1) the offender had carnal knowledge of the victim; (2) such act was accomplished through force or intimidation; or when the victim is deprived of reason or otherwise unconscious; or when the victim is under twelve years of age. Here, evidence shows that they intentionally made AAA consume hard liquor more than she could handle. They forced her to drink even when she was already obviously inebriated. AAA was clearly deprived of reason at the time the private respondents ravished her negating the claim of consensual sex.

People of the Philippines vs. Domingo Gallano y Jaranilla G.R. No. 184762, February 25, 2015; First Division, Bersamin, J. Qualified Rape Accused is being charged of qualified rape. The aggravating circumstance of minority and relationship are present, the victim being 12 years old and the accused being her relative within the third civil degree. However, during the trial, the age of the child has not been duly proven by

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the prosecution there being inconsistent statements by the witnesses. Is the accused guilty of qualified rape? No. To be convicted of qualified rape, minority and relationship between the victim and the accused must concur and be established with absolute certainty. Hence, the victim's minority must be averred and established "with equal certainty and clearness as the crime itself." Thus, failure to do so such as in this case where the prosecution’s witnesses produced inconsistent evidences on the victim’s age would result in the conviction of the accused of simple rape, and not of qualified rape.

ABS-CBN Corporation vs. Felipe Gozon, Gilberto Duavit, Jr., Marissa L. Flores, Jessica A. Soho, Grace Dela Pena-Reyes, John Oliver T. Manalastas, John Does and Jane Does; ABS-CBN CORPORATION vs. FELIPE GOZON, GILBERTO R. DUAVIT, JR., MARISSA G.R. No. 195956, March 11, 2015; Second Division, Leonen, J. Presence of Intent on Crimes Punishable under Special Penal Laws ABS-CBN conducted a live coverage of Filipino hostage victim’s arrival at the NAIA and a press conference. ABS-CBN allowed Reuters to air the footages under a special embargo agreement. GMA-7 received a live video feed of the coverage from Reuters and immediately carried the live newsfeed in its program. GMA-7 was not aware that Reuters was airing footages of ABS-CBN. May criminal prosecution for such infringement be negated by good faith? No. Acts punished under a special law are malum prohibitum where malice is immaterial. The mere act of rebroadcasting without authority creates probable cause to find that GMA7 violated RA 8293. They knew that there’d be consequences in carrying out the footage as they immediately cut the feed upon seeing ABS-CBN’s logo. To admit a different treatment for broadcasts would mean abandonment of a broadcasting organization's minimum rights. It is the act of infringement, not intent, which causes damage.

People of the Philippines vs. Brian Mercado y Sarmiento G.R. No. 207988, March 11, 2015; First Division, Perez, J. Prosecution under the dangerous Drugs Act of 2002 Accused was arrested for selling and delivering shabu during a buy-bust operation. As a defense, he averred that there were lapses in the safekeeping, making the shabu’s integrity doubtful, in violation of RA 9165. Was the accused guilty? Yes. The elements of illegal sale of drugs under R.A. No. 9165 are (1) identity of the buyer and seller, object and consideration; (2) delivery of the thing sold and payment. It must be established beyond reasonable doubt that the accused sold and delivered a prohibited drug to another, and the former knew that what he sold and delivered was a prohibited drug. Failure to strictly comply with the procedures in the inventory of drugs doesn’t make the items inadmissible. The officers, through their testimonies have successfully established the sale. Furthermore, it has been held that mere possession of prohibited drug constitutes prima facie evidence of animus possidendi sufficient to convict in the absence of satisfactory explanation.

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People of the Philippines vs. Marcelino Oloverio G.R. No. 211159, March 18, 2015; Second Division, Leonen, J. Murder; Passion and Obfuscation as Qualifying Circumstance Oloverio was charged with the crime of murder for allegedly stabbing Gulane treacherously. In his defense, Oloverio alleged that at the time and day of the incident, Gulane had been accusing him of having an incestuous relationship with his mother and continued mocking him in a loud voice despite repeated requests by the former for the latter to go home. Oloverio admitted that he stabbed Gulane because he could no longer bear the insulting remarks against him. Is he entitled to the mitigating circumstance of passion and obfuscation? Yes. Passion and obfuscation, as a mitigating circumstance, need not be felt only in the seconds before the commission of the crime. It may build up and strengthen over time until it can no longer be repressed and will ultimately motivate the commission of the crime.

Renato M. David vs. Editha A. Agbay and People of the Philippines; GR No. 199113, March 18, 2015; Third Division, Villarama, Jr., J. Retroactive effects of Penal laws Renato is a former Filipino citizen who migrated to Canada and became a Canadian citizen by naturalization in 1974. When he returned to the Philippines, he filed a Miscellaneous Lease Application with the DENR, wherein he stated that he was a Filipino citizen. A criminal case was filed against him for falsification of public documents under Art. 172 of the RPC. Can Renato be indicted under Art. 172 of the RPC if he subsequently re-acquires his Filipino citizenship by virtue of RA 9225? Yes. Although, after filing the application, he re-acquired his Filipino citizenship under paragraph 1, Section 3 of RA 9225, the falsification was already a consummated act, the said provision having no retroactive effect insofar as his citizenship status is concerned. Further, under paragraph 1, Article 172 of the RPC, it is not necessary that the idea of gain or intent to injure a third person be present.

Arnulfo @ Arnold Jacaban vs. People of the Philippines G.R. No. 184355, March 23, 2015; Third Division, Peralta, J. Illegal Possession of Firearms and Ammunition Accused was prosecuted for illegal possession of firearms and ammunitions pursuant to a search warrant. The team found a calibre .45 placed in the ceiling of his residence. Accused who was at the living room that time, rushed to the room and grappled with SPO2 Abellana but failed to get hold of the gun. Is the accused guilty? Yes. The essential elements for illegal possession of firearms and ammunitions are: (1) existence of subject firearm; (2) the accused who possessed or owned the same doesn’t have the corresponding license for it. Ownership isn’t an essential element the crime. What’s required is mere possession, actual and constructive or the subjection of the thing to one’s control and management. His act of immediately rushing to where SPO2 Abellana found

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the gun and grappling with the latter for the possession of the gun proved that such was under his control and management.

People of the Philippines vs. Charlie Orosco; G.R. No. 209227, March 25, 2015; Third Division, Villarama, Jr., J. Conspiracy Apellant, along with 2 other John Does were charged of Robbery with Homicide. From the lone testimony of the eyewitness, it was averred that appellant however was not the one who stabbed the victim, the former was only holding the hands of the victim while the stabbing happened on occasion of robbery. Is he guilty of robbery with homicide? Or will it only be Robbery? He is guilty of Robbery with homicide. When there is showing that the perpetrators acted in a concerted manner in attaining the objective of the crime, there is beyond reasonable doubt the presence of conspiracy. In conspiracy, it does not matter who stabbed the victim because the act of one is the act of all. The participation of accused in holding the hands of the victim to restrain her from moving is sufficient to make him liable for the death of the victim.

People of the Philippines vs. Daniel Matibag y De Villa “Dani” or “Danilo” G.R. No. 206381, March 25, 2015; First Division, Perlas-Bernabe, J. Murder; Treachery as Qualifying Circumstance Accused was charged with murder with Treachery as the qualifying circumstance. The victim was walking in their subdivision when Duhan confronted him. He delivered a fist blow to Duhan who teetered backwards. While Duhan remained in that position, Matibag shot him several times. Is the accused guilty? Yes. The killing of must be accompanied by a qualifying circumstance such as treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially ensure its execution, without risk to himself arising from the defense which the offended party might make.awred The prosecution was able to prove that Matibag, was armed with a gun, confronted Duhan, and without any provocation, punched and shot him on the chest. Although the attack was frontal, the sudden and unexpected manner by which it was made rendered it impossible for Duhan to defend himself, adding too that he was unarmed.

Rogelio Roque vs. People of the Philippines G.R. No. 193169, April 6, 2015; Second Division, Del Castillo, J. Frustrated homicide as compared to Physical Injuries Rogelio was charged with frustrated homicide after shooting Reynaldo in the ear and nape and, thereafter, kicking him in the face and back. As a result thereof, Reynaldo was hospitalized for three weeks. Was the crime charged correct?

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Yes. Rogelio is guilty of frustrated homicide, as there was intent to kill the victim; otherwise, he is only liable for physical injuries. Vice-versa, regardless of whether the victim only suffered injuries that would have healed in nine to 30 days, if intent to kill is sufficiently borne out, the crime committed is frustrated homicide. The intent to kill is shown by the kind of weapon used by the offender and the parts of the victim's body at which the weapon was aimed, as shown by the wounds inflicted. It is worth highlighting that Reynaldo received two gunshot wounds in the head. Indeed the location of the wounds plus the nature of the weapon used are ready indications that Rogelio's objective is not merely to warn or incapacitate a supposed aggressor.

Grace San Diego vs. People of the Philippines G.R. No. 176114, April 8, 2015; Third Division, Peralta, J. Qualified Theft as compared to Estafa Grace was an accountant of a cooperative, where she also handled cashiering and tellering functions. She was charged with Qualified Theft after discovery of discrepancies between the actual cash in bank and the amount certified by Grace. Petitioner argues that if the thing is received and then appropriated or converted without the consent of the owner, the crime committed is estafa and not qualified theft. Is Grace’s contention correct? No. In estafa, under Article 315(1)(b) of the RPC, the property is received by the offender under an obligation involving the duty to return the same. Thus, the offender acquires both physical possession and juridical possession of the thing received. In this case, petitioner did not have juridical possession of the sum of money as she did not acquire a right over the money received. Possession of the petitioner was akin to that of a receiving teller of funds received from third persons paid to the bank, where the teller is a mere custodian or keeper of the funds received, and has no independent, autonomous right to retain the money received in consequence of the agency.

People of the Philippines vs. Victoriano Villar G.R. No. 202708, April 13, 2015; Second Division, Del Castillo, J. Conspiracy to commit murder Victoriano was charged and found guilty for murder, in conspiracy with two other accused. The conviction was based on the eyewitness account of the victim’s daughter that while she was sitting in front of their store with his father, the three accused suddenly emerged from the store across and fired shots at her father. In his defense, Victoriano claims that he was in another town on the night of the shooting. Is the conviction correct? Yes. It has been sufficiently established that there was conspiracy among the assailants, i.e., they simultaneously emerged from the ice cream store; successively shot the victim; and fled from the crime scene together. Further, Victoriano’s alibi should be disregarded for being uncorroborated and self-serving, and in view of his positive identification by the eyewitness. Moreover, his unexplained flight and hiding for 18 years was considered an indication of guilt.

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Teresita A. Ciron vs. Ma. Merceditas N. Gutierrez, et al., G.R. No. 194339-41, April 20, 2015; First Division, Perlas-Bernabe, J. Violation of Anti-Graft and Corrupt Practices Act Pursuant to several criminal complaints filed by Santiago, the Office of the City Prosecutor (OCP) found probable cause to indict Teresita for estafa. However, the Informations filed were deficient; thus, the RTC dismissed the criminal case without prejudice to its re-filing. The dismissal subsequently attained finality. Thereafter, the OCP reviewed the evidence and issued Supplemental Resolutions recommending the filing of Informations for estafa against Teresita. Did the OCP violate of Section 3(e) of R.A. 3019? No. The essential elements of such crime are as follows: (a) that the accused must be a public officer discharging administrative, judicial, or official functions (or a private individual acting in conspiracy with such public officers); (b) that he acted with manifest partiality, evident bad faith, or inexcusable negligence; and (c) that his action caused any undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage, or preference in the discharge of his functions. In this case, the acts of issuing the Supplemental Resolutions and filing of new Informations before the RTC, even without Santiago filing a new complaint before the OCP, is in accordance with prevailing rules and jurisprudence and, thus, were not tainted with manifest partiality, evident bad faith, or inexcusable negligence.

Aurora Engson Fransdilla vs. People of the Philippines G.R. No. 197562, April 20, 2015; First Division, Bersamin, J. Conspiracy to commit robbery Aurora was found guilty of conspiracy in committing the crime of robbery due to her acts of introducing herself as a representative of the POEA in order to gain access into the house, distracting the complainant in order to have her cohorts enter the house, and peeping inside the bedroom when her co-accused were tying complainant up to enable themselves to take away jewelry and other valuables without hindrance. Was there conspiracy? Yes. For an accused to be validly held to have conspired with her co-accused in committing the crime, her overt acts must evince her active part in the execution of the crime agreed to be committed. The overt acts of each of the conspirators must tend to execute the offense agreed upon, for the merely passive conspirator cannot be held to be still part of the conspiracy without such overt acts, unless such conspirator is the mastermind. Here, Aurora was satisfactorily shown not to have been a mere passive co-conspirator, but an active one who had facilitated the access into the house by representing herself as an employee of the POEA.

Nonito Imbo vs. People of the Philippines G.R. No. 197712, April 20, 2105, First Division, Perez, J. Imposable penalty for Acts of Lasciviousness under RPC in relation to RA 7610 Nonito was charged with Acts of Lasciviousness under Article 336 of the RPC for kissing the private parts of his 11-year old daughter. He was subsequently found guilty by the RTC and penalized in accordance with Section 5(b) of R.A. No. 7610. Was the RTC correct? USC COLLEGE OF LAW BATCH 2017 DIGEST COMPENDIUM

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Yes. The elements of sexual abuse under R.A. No. 7610 were sufficiently alleged in the Information and duly proven during trial, to wit: (1) the accused commits the act of lascivious conduct; (2) the act is performed with a child exploited in prostitution or subjected to other sexual abuse; and (3) the child, whether male or female, is below 18 years old. Further, it is quite clear by specific provision under R.A. No. 7610 that when the victim is under 12 years of age, the perpetrators shall be prosecuted under the RPC, but the penalty is that which is provided in R.A. No. 7610.

People of the Philippines vs. Eugene Samuya G.R. No. 213214, April 20, 2015; First Division, Perlas-Bernabe, J. Murder attended by Treachery Gabriel was sitting outside a house, with other companions, when he was suddenly approached by Eugene. Without any warning, the latter shot Gabriel in the chest. As Gabriel was trying to escape, Eugene chased him; thereafter, another shot was heard. Subsequently, Gabriel was found dead. Eugene was then charged and convicted of murder as the killing was attended by treachery. Was the conviction correct? Yes. The essence of treachery is the sudden and unexpected attack, without the slightest provocation on the part of the person attacked. A frontal attack does not necessarily rule out treachery; the qualifying circumstance may still be appreciated if the attack was so sudden and so unexpected that the deceased had no time to prepare for his or her defense. In this case, the prosecution was able to prove that Eugene's attack on Gabriel was so swift and sudden, without any warning, which made it impossible for Gabriel to defend himself.

People of the Philippines vs. Ricky Arguta (alias “Joel”) & Wilson Cahipe (alias “Siwit”) G.R. No. 213216, April 20, 2015; First Division, Perlas-Bernabe, J. Qualified Rape In the evening of December 5, 1996, the victim was heading home from school when she was intercepted by Ricky and Wilson, who both threatened her with a bladed weapon and forced her to have carnal knowledge. On January 30, 1997, both accused were charged of Simple Rape under Article 335 of the RPC. Are the accused guilty of simple rape? No, the accused should be convicted of Qualified Rape. Since the crime was committed and the Informations were filed prior to the effectivity of R.A. No. 8353, which was only passed on September 30, 1997, the old rape provision of the RPC should apply. Under such provision, the crime of rape is qualified when it is committed by two or more persons or when it is committed with the use of a deadly weapon. The presence of either circumstance qualifies the crime. If one is present, the remaining circumstance, if also attendant, is not a generic aggravating circumstance.

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Raymundo Zapanta vs. People of the Philippines G.R. Nos. 192698-99, April 22, 2015; Second Division Mendoza, J. Conspiracy; Quantum of Proof Raymundo, vaults/record keeper of the Registry of Deeds, was convicted by the Sandiganbayan for his alleged conspiracy with the Registrar of Deeds in causing the removal or disappearance of a TCT and the subsequent issuance of a derivative title, in violation of Section 3(e) of R.A. No. 3019 and Article 226 of the RPC. Is there conspiracy? No. Conspiracy as a mode of incurring criminal liability must be proven separately from and with the same quantum of proof as the crime itself, i.e., beyond reasonable doubt. To hold an accused guilty as a co-conspirator, he must have performed an overt act in pursuance or furtherance of the complicity. Such is lacking in this case as there was no evidence presented to show with absolute certainty that Raymundo was the one who actually withdrew the original copy of the TCT from the vault.

People of the Philippines vs. Angel Mateo and Vicenta Lapiz G.R. No. 198012, April 22, 2015; Second Division, Del Castillo, J. Illegal Recruitment in Large Scale; Estafa Angel and Vicenta were convicted for illegal recruitment in large scale committed by promising the five private complainants employment in Japan for a fee, without the necessary license from the POEA. They were also convicted of Estafa for the same acts. In their defense, they contend that the prosecution failed to prove the crime as it was not proven that they received any money from the complainants. Were the convictions correct? Yes. The elements of illegal recruitment in a large scale were sufficiently proved by the prosecution. Further, money is immaterial to a prosecution for illegal recruitment considering that the definition of "illegal recruitment" under the law includes the phrase "whether for profit or not." As to the simultaneous conviction of illegal recruitment and estafa, it is a wellsettled rule that a person convicted for illegal recruitment under the law may, for the same acts, be separately convicted for estafa under Article 315, par. 2(a) of the Revised Penal Code provided that the elements of deceit and damage for estafa are also proven, as in this case.

PO1 Crispin Ocampo vs. People of the Philippines G.R. No. 194129, June 15, 2015; First Division, Sereno, C.J. Self-defense; Homicide As a defense against the charge of homicide, Crispin claims that his act of shooting the victim was prompted by the act of the victim in trying to stab him with a knife during a drinking session. Is the accused’s claim of self-defense tenable? No, the accused failed to prove the requisites for self-defense to prosper. Firstly, the accused failed to show any attack by the victim which placed accused’s life in imminent or actual danger considering that the autopsy report disproves accused’s claim that he fired the shots while leaning backward after the victim tried to stab him a second time victim. Secondly, the means

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employed by the accused were grossly disproportionate to the alleged unlawful aggression considering that the victim suffered multiple gunshot wounds. Lastly, the witness’ testimony showed that accused shot the victim without any sufficient provocation from the latter.

People of the Philippines vs. Rudy Nuyok G.R. No. 195424, June 15, 2015; First Division, Bersamin, J. Qualified Rape In the information filed by the victim, the special qualifying circumstance of minority was not alleged. However the minority of the victim at the time of the rape, and the fact that the accused was her paternal uncle were established during the trial. Can the accused be convicted for qualified rape? No. The complaint or information shall state the designation of the offense given by the statute, avert the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. In this case, although the minority of the victim at the time of the rapes and the fact that the accused was her paternal uncle were established during the trial, the accused can only be convicted for four counts of simple rape instead of qualified rape since the special qualifying circumstance of minority was not alleged in the information.

Herman Medina vs. People of the Philippines G.R. No. 182648, June 17, 2015; Third Division, Peralta, J. Simple Theft Herman is a mechanic who was in charge of repairing a jeep owned by Henry. When the jeep was transferred to another mechanic, some vehicle parts were already missing, which Herman contended was installed in another vehicle also owned by Henry. Is Herman guilty of simple theft under Article 308 of the RPC? Yes. Theft is committed by any person who, with intent to gain, but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. In this case, Medina acknowledged without hesitation the taking of the jeep’s parts, but he put up the defense that they were installed in the pick-up of the same owner. With such admission, the burden of evidence is shifted on him to prove that the missing parts were indeed lawfully taken. However, petitioner unsatisfactorily discharged the burden.

People of the Philippines vs. Rodrigo Lapore G.R. No. 191197, June 22, 2015; First Division, Perez, J. Simple Rape Can the circumstances of abuse of confidence and obvious ungratefulness, minority, and use of a deadly weapon, the presence of such duly proven by the prosecution during trial, be appreciated to qualify the crime from simple rape to qualified rape?

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No. Such circumstances are not among those which qualify a crime from simple rape to qualified rape as defined under Article 266-B of the Revised Penal Code, as amended. Thus, even if duly alleged and proven, the crime will still be simple rape. Consequently, as all the elements necessary to sustain a conviction for simple rape are present: (1) that accused had carnal knowledge of victim; and (2) that said act was accomplished through the use of force or intimidation, accused is guilty beyond reasonable doubt of the crime of simple rape.

People of the Philippines vs. Alvin Esugon y Avila G.R. No. 195244, June 22, 2015; First Division, Bersamin, J. Robbery with Homicide The accused questioned his conviction for the crime of robbery with homicide, contending that prosecution failed to establish that the taking of personal property was by violence against or intimidation of any person or by using force upon things. Is the contention correct? No. A conviction requires certitude that the robbery is the main objective of the malefactor and that the killing is merely incidental to the robbery. However, in this case, violence or intimidation was sufficiently proven. It was established that accused carried a long-bladed weapon, such fact competently proves the presence of violence or intimidation against persons that qualified the offense as robbery instead of theft. Further, the patent intent of the accused was originally to commit robbery was proven as the records show that the deceased’s husband was awakened by someone shouting “Magnanakaw!” which was most probably made by the victim, whom the accused then stabbed.

Ricky Dinamling vs. People of the Philippines G.R. No. 199522, June 22, 2015; Third Division, Peralta, J. Anit-Violence Against Women and their Children Is the victim’s physical condition necessary to prove the crime under Section 5(i) of Republic Act No. 9262? No, the victim’s physical condition is not an element of the crime; thus, proof of the same is unnecessary. In fact, neither the physical injuries suffered by the victim nor the actual physical violence done by the perpetrator are necessary to prove the essential elements of the crime. The only exception is when the physical violence done by the accused is alleged to have caused the mental and emotional suffering; in which case, such acts of violence must be proven. In this instance, the physical violence was a means of causing mental or emotional suffering. As such, whether or not it led to actual bodily injury, the physical violence translates to psychological violence since its main effect was on the victim's mental or emotional well-being.

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People of the Philippines vs. Jose Salvador G.R. No. 207815, June 22, 2015; Third Division, Villarama, Jr., J. Rape by Sexual Assault Jose was accused of rape by his then 15-year old daughter who contended that the accused, in one occasion, inserted his finger in her vagina and, in another occasion, pointed his penis to her vagina without inserting it. Is the accused guilty of rape? Yes. There are two ways by which the crime of rape is committed under Section 266-A of the RPC: (1) by sexual intercourse; or (2) by sexual assault. Rape by sexual intercourse is when a man has carnal knowledge with a woman, in which case, there must be proof that his penis touched the labia of the victim or slid into her female organ, and not merely stroked the external surface, to ensure conviction. On the other hand, Rape by sexual assault is committed by any person who inserts his penis in another person’s mouth or anal orifice, or any object or instrument into the genital or anal orifice of another person. In this case, the accused’s insertion of his finger into the victim’s vagina consummated the crime of rape by sexual assault.

People of the Philippines vs. Ernie Inciong G.R. No. 213383, June 22, 2015; First Division, Perlas-Bernabe, J. Self-defense; Murder attended by Treachery Jumar was crossing the street when he encountered Ernie who suddenly poked him with a sumpak, a homemade firearm. Ernie then fired the sumpak, hitting Lumbera in the stomach. Thereafter, he approached Jumar and hit the latter's head twice with the sumpak. Jumar died as a result of the injuries. Thus, accused was charged with murder, attended by treachery. Ernie invoked self-defense alleging that Jumar boxed him and threatened to kill him. Should Ernie be convicted? Yes. Self-defense cannot be invoked as the element of unlawful aggression was not sufficiently proven in this case. The evidence failed to establish that Ernie’s life was in danger when he encountered Jumar. No self-defense can exist without unlawful aggression since there is no attack that the accused will have to prevent or repel. Moreover, treachery as a qualifying circumstance was correctly appreciated. The assault on Jumar left him unable to defend himself or evade the attack; thus, it ensured that Ernie would be able to consummate the crime without risk to his own person.

Guillermo Wacoy vs. People of the Philippines & James Quibac vs. People of the Philippines; G.R. No. 213792 & G.R. No. 213886, June 22, 2015 First Division, Perlas-Bernabe, J. Homicide as compared to Death Caused in a Tumultuous Affray Guillermo and James were accused of punching and kicking Elner in the stomach, which led to the latter’s death. After trial, the RTC convicted the accused for Death Caused in a Tumultuous Affray under Section 251 of the RPC. However, on appeal, the CA modified the conviction to Homicide under Section 249. Is the CA’s modification correct?

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Yes. The crime committed by the accused was Homicide. In this case, there was no tumultuous affray between groups of persons in the course of which Elner died. On the contrary, the evidence clearly established that there were only two persons, the accused, who picked on Elner, and attacked him repeatedly, taking turns in inflicting punches and kicks on the victim. There was no confusion and tumultuous quarrel or affray, nor was there a reciprocal aggression in that fateful incident. Since the accused were even identified as the assailants, the victim's death cannot be said to have been caused in a tumultuous affray.

People of the Philippines vs. Alfredo Dulin G.R. No. 171284, June 29,2015; First Division, Bersamin, J. Self-defense as compared to Retaliation Alfredo was convicted for the death of Francisco, who was inflicted with 12 stab wounds. In his defense, Alfredo claims that it was Francisco who first stabbed him twice and that he was able to disarm Francisco, who immediately chased after him; it was then that the former stabbed the latter. Can Alfredo claim self-defense? No. Unless the victim committed unlawful aggression against the accused, self-defense, whether complete or incomplete, should not be appreciated, for the two other essential elements of self-defense would have no factual and legal bases. In this case, although Francisco initiated the attack against A lfredo, the unlawful aggression from Francisco effectively ceased once Alfredo had wrested the weapon from the latter. Thus, when Alfredo stabbed Francisco, it constituted retaliation, which is not the same as self-defense. In retaliation, the aggression that the victim started already ceased when the accused attacked him, but in self-defense, the aggression was still continuing when the accused injured the aggressor.

People of the Philippines vs. Romeo De Castro and Randolf Pabanil G.R. No. 205316, June 29, 2015; Third Division, Villarama, Jr., J. Murder; Qualifying circumstance of taking advantage of superior strength Respondents were found guilty of murder for killing a police officer. On appeal they argued that the RTC erred in considering the qualifying circumstances of abuse of superior strength. They claimed that accused Randolf punched the victim as he thought the latter was about to shoot co-accused Romeo. When victim fell and drew his gun, Randolf was forced to get the LPG tank and repeatedly hit the victim. Should the qualifying circumstance of abuse of superior strength be considered? Yes. 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. In this case, the victim was already helpless when he was repeatedly attacked with a gas tank. Appellants clearly used excessive force against the already unarmed and defenseless victim.

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Melchor G. Maderazo and Dionesio R. Verden, Jr. vs. People of the Philippines and Sandiganbayan GR No. 209845, July 1, 2015; Second Division, Carpio, J. Elements of Sec. 3(e), R.A. 3019 An Acting Mayor entered into a Job Contract with a local fabricator of tapping saddles for the improvement of the City’s water system. The Acting Municipal Accountant ensured release of the payment the same day the Job Contract was executed. However when the Mayor resumed his position, he found out there were no tapping saddles delivered despite payment. Are the Acting Mayor and Acting Municipal Accountant liable under R.A. No. 3019? Yes. To be liable under the law, the following essential elements must be present: (1) The accused must be a public officer discharging administrative, judicial or official functions; (2) He must have acted with manifest partiality, evident bad faith or gross inexcusable negligence and (3) His action caused undue injury to any party, including the government, or gave any party unwarranted benefits, advantage or preference in the discharge of his functions. All these elements were present in the case. People of the Philippines vs. Alelie Tolentino @ Alelie Tolentino y Hernandez GR No. 208686, July 1, 2015; Second Division, Carpio, J. Prosecution for Estafa Accused offered assistance to the petitioners to find work abroad for a fee. She explained to them the procedure for overseas employment, charged them with fees for the processing of their travel documents and issued vouchers with her signature acknowledging receipts of payment. However the petitioners found out that she has no valid license or authority to engage in recruitment and placement of workers. Is she liable for Estafa? Yes. To be liable under the law, the following essential elements are: (1) The accused defrauded another by abuse of confidence or by means of deceit; (2) The offended or a third party suffered damage or prejudice capable of pecuniary estimation. The accused here deceived them into believing that she had the authority and capability to send them abroad for employment despite having no valid license or authority from POEA. Because of that, the petitioners agreed to pay the amounts asked from them. People of the Philippines vs. Antonio Balcueva y Bondocoy GR No. 214466, July 1, 2015; First Division, Perlas-Bernabe, J. Elements of Qualified Rape Balcueva was charged with Qualified Rape of his 14-year old daughter. He set up the defense of alibi. He was convicted by the RTC and the CA. Should his conviction be upheld? Yes. The elements of Qualified Rape are as follows: (a) victim is a female over 12 years but under 18 years of age; (b) offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; and (c) offender has carnal knowledge of victim either through force, threat or intimidation; or when she is deprived of reason or is otherwise unconscious; or by means of fraudulent machinations or grave abuse of authority. These were present in the case. Balcueva’s flimsy defense of denial and alibi cannot prevail over the victim’s positive and categorical testimony and identification of him as perpetrator of the crime.

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Dandy L. Dungo and Gregorio A. Sibal vs. People of the Philippines GR No. 209464, July 1, 2015; Second Division, Mendoza, J. Hazing by Inducement included in Hazing by Actual Participation; Conspiracy Petitioners violated the Anti-Hazing Law. Petitioners claim that the amended information avers a criminal charge of hazing by actual participation, but the only offense proved during the trial was hazing by inducement. The information states “xxx, the above-named accused, during a planned initiation rite and xxx, in conspiracy.” Correct? No. The “planned initiation rite” as stated in the Information included the act of inducing Villanueva to attend it. The Information need not use the exact language of the statute in alleging the acts or omissions complained of as constituting the offense. Does mere presence in the crime scene amount to conspiracy? Generally, No. Exceptionally, under R.A. No. 8049, participation of the offenders in the criminal conspiracy can be proven by the prima facie evidence due to their presence during the hazing, unless they prevented commission of the acts therein. Olarte y Tarug vs. People of the Philippines GR No. 197731. July 6, 2015; Second Division; Del Castillo, J. Elements of Frustrated Homicide The victim Villostas, with his brother, bought cigarettes from a nearby videoke bar when three men who belonged to a group, suddenly stabbed him on different parts of his body. Olarte, Olavario and Pasquin were charged for frustrated homicide. Were they guilty? Yes, the elements for frustrated homicide were proved. First, testimonies of prosecution witnesses established that Villostas sustained seven stab wounds on vital parts of his body caused by a pointed sharp object. Next, the injuries suffered by Villostas were all fatal. As testified to by Dr. Pascual, Villostas would have succumbed to death due to the said injuries if not for the timely medical attention. Finally, no qualifying circumstance for murder was alleged in the Information to have attended the commission of the crime. People of the Philippines vs. Gersamo GR No. 207098, July 8, 2015; First Division, Perez, J. Pregnancy is Immaterial to the existence of Rape Gersamo was convicted of raping AAA on Aug. 28, 2002. However, when AAA was examined by a medico legal in September 2002 she was already five months pregnant. Gersamo now assails the decision arguing that he did not rape AAA since she was already pregnant when the supposed rape took place. Is the argument correct? No. Even though the result of AAA’s physical examination conducted in Sept. 2002 showed that she was already five months pregnant at that time, it does not necessarily follow that he could not have authored the Aug. 28, 2002 rape against AAA. AAA’s pregnancy is immaterial to the issue since pregnancy is not an essential element of the crime of rape.

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Chua vs. People of the Philippines GR No. 196853, July 13, 2015; Second Division, Del Castillo, J. Prosecution under BP Blg. 22 To be liable for violation of BP 22, the essential elements are: the making, drawing, and issuance of any check to apply for account or for value; the knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment; and the subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment. The 2nd element is wanting if there’s absence of the date of the actual receipt of the demand letter. It prevents the legal presumption of knowledge of insufficiency of funds from arising and there would be no way of reckoning the crucial 5-day period to pay the amount of the check. People of the Philippines vs. Octa y Bas GR No. 195196, July 13, 2015; First Division, Sereno, CJ. Conspiracy Octa appealed the decision convicting him of kidnapping for ransom for: failure to positively identify him as the ransom taker, error in finding him to be a conspirator and error in convicting him on circumstantial evidence. Was the conviction proper? Yes. Fact findings of the trial court are accorded high respect if not conclusive, more so if affirmed by the appellate court unless there be a showing of error. The witness’ positive identification of Octa as the ransom taker was found credible by the lower courts. To hold an accused guilty as a co-conspirator, there must be an overt act in pursuance of the complicity. The receipt of the money is an act showing the common design to commit the felony. Also, at such time, the crime was still continuing, since both victims were still being illegally detained by the kidnappers. The positive identification constitutes direct, and not circumstantial evidence. People of the Philippines vs. Arsenio D. Misa III GR No. 212336, July 15, 2015; Third Division, Villarama, Jr., J. Prosecution for Statutory Rape The RTC found Misa guilty of statutory rape for having carnal knowledge with 11-year-old AAA by means of force and intimidation. The CA however modified the judgment after noticing that while the prosecution included AAA’s birth certificate in its formal offer of exhibits, no such document was surrendered to the trial court. It thus held that Misa could only be found guilty of simple rape because AAA’s minority was not proven in evidence. Was the CA correct? Yes. For a successful prosecution for statutory rape, there are two elements which must be proven: (1) that victim was under 12 years of age at the time of the incident and (2) carnal knowledge by the assailant of the victim. Rule 130 of the Rules on Evidence says that the victim’s birth certificate is the best evidence of her age. Absent such, the crime committed by Misa was only simple rape.

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People of the Philippines vs. Rolly Adriano y Samson, et. al. GR No. 205228, July 15, 2015; First Division, Perlas-Bernabe, J. Treachery in Aberratio Ictus Adriano's original intent was to kill Cabiedes. However, during the commission of the crime of murder, a stray bullet hit and killed Bulanan. Adriano is responsible for the consequences of his act of shooting Cabiedes. May treachery be appreciated in aberratio ictus? Yes. Although Bulanan's death was by no means deliberate, we shall adhere to the prevailing jurisprudence pronounced in People vs. Flora, where the Court ruled that treachery may be appreciated in aberratio ictus. In Flora, the accused was convicted of two separate counts of murder: for the killing of two victims, Emerita, the intended victim, and Ireneo, the victim killed by a stray bullet. The Court, due to the presence of the aggravating circumstance of treachery, qualified both killings to murder. The material facts in Flora are similar in the case at bar. People of the Philippines vs. Sonia Nuarin GR No. 188698, July 22, 2015; Second Division, Brion, J. Prosecution under the Dangerous Drugs Act (RA 9165) During the trial for illegal sale of drugs charged against Nuarin, conflicting statements as to who marked the seized items were given and that they were marked in his presence; the inventory and the photograph of the seized items weren’t also established. Can the accused be acquitted? Yes. The procedure under Sec. 21 of Article II of R.A. 9165 was not shown to have been complied with by the members of the buy-bust team. Strict compliance with the prescribed procedure is required because of the illegal drug's unique characteristic and easily open to tampering, alteration, or substitution either by accident or otherwise. For these lapses, the court has continuously held that an accused can be acquitted for failure to prove the corpus delicti of the crime. Amelia Carmela C. Zoleta vs. Honorable Sandiganbayan and People of the Philippines GR No. 185224, July 29, 2015; Second Division, Brion, J. Elements of Malversation of Public Funds An anonymous complaint was filed against petitioner for participating in the scheme of questionable grants and donations to fictitious entities using provincial funds. Ombudsman charged her with malversation of public funds by falsification of public documents before the Sandiganbayan. Zoleta, a board member, and president of an inexistent association WPI, initiated the request for obligation of allotments and certified and approved the disbursement voucher. Was her conviction proper? Yes. WPI was an unregistered cooperative. The elements common to all acts of malversation under Article 217, RPC are: (a) offender be a public officer; (b) he had custody or control of funds or property by reason of the duties of his office; (c) those funds or property were public funds or property for which he was accountable; and (d) he appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take them. The prosecution established all these.

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Clarita Estrellado-Mainar vs. People of the Philippines GR No. 184320, July 29, 2015; Second Division, Brion, J. Elements of Swindling Petitioner offered for sale to Naval portions of land saying the title thereto had no problems but the area subject of the proposed sale would “still be segregated from the mother title.” Naval made a down payment. Apparently, the lot had been the subject of a dispute between petitioner's family and JS Francisco. Is petitioner guilty of other forms of swindling under Article 316(1), RPC? No. The second element that the offender who is not the owner of said property should represent that he is the owner thereof is wanting. The element of deceit is wanting. From the start, it was clear that the property was still under the name of Mainar’s father, and that the area subject of the sale would still be segregated from the mother title. Naval also admitted that he saw the front page of the land's title showing Nicolas to be its registered owner. People of the Philippines vs. Antonio Edano and Nestor Edano GR No. 206970, July 29, 2015; First Division, Perez J. Treachery as Aggravating Circumstance How can treachery as an aggravating circumstance be proved? What are its elements? There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof, which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. The requisites of treachery are: (1) The employment of means, method, or manner of execution which will ensure the safety of the malefactor from defensive or retaliating acts on the part of the victim, no opportunity being given to the latter to defend himself or to retaliate; and (2) Deliberate or conscious adoption of such means, method, or manner of execution. People of the Philippines vs. Roderick Licayan,et.al. GR No.203961, July 29, 2015; First Division, Leonardo- De Castro, J. Irresistible Force as an Exempting Circumstance What does an accused claiming the exempting circumstance of irresistible force prove? The court held that a person invoking the exempting circumstance of compulsion due to irresistible force admits in effect the commission of a punishable act. Further, He must show that the irresistible force reduced him to a mere instrument that acted only without will but also against his will. The compulsion must be of such character as to leave the accused no opportunity to defend himself or to escape.The duress, force, fear, or intimidation must be present, imminent and impending; and it must be of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done. A threat of future injury is not enough. A speculative, fanciful or remote fear, even fear of future injury, is insufficient.

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People of the Philippines vs. Enrique Galvez, GR. No. 212929, July29, 2015; Third Division, Villarama, Jr., J. Prosecution for Qualified Rape Galvez was charged with rape of his minor niece AAA. Is a detailed testimony of AAA necessary to prove carnal knowledge? No. What is required is the victim be categorical, straightforward, spontaneous and frank in her statements. AAA’s testimony, while not as detailed, is accurate and consistent with her sworn statement. Furthermore, when the testimony is consistent with medical findings, there is sufficient basis to conclude carnal knowledge. May moral ascendancy substitute the element of violence and intimidation? Jurisprudence has settled that said element may be substituted by moral ascendancy. May Galvez be charged with qualified rape? No. Minority must be proven by independent evidence with equal certainty and clearness as the crime itself. Otherwise, accused is guilty only of simple rape. Minority must concur with the third degree relationship between victim and offender. Since the Information did not allege such relationship, the qualifying circumstance of relationship cannot be appreciated. People of the Philippines vs. Rodelio Llobera y Ofiza GR No. 203066, August 5, 2015; First Division, Perez, J. Treachery as Aggravating Circumstance in Murder Betty testified that Rodel suddenly appeared from hiding behind her neighbor’s house when Rodel shot Cristituto from his side with a shotgun. Cristituto died. Was there treachery in the killing? Yes. The RPC defines treachery as the direct employment of means, methods, or forms in the execution of the crime against persons which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make. In the case at bar, treachery is evident. For one, "[t]he use of a . . . shotgun against [an] unarmed [victim] is undoubtedly treacherous, as it denies the [victim] the chance to fend off the offender." For another, the fact that accused-appellant hid first and then blindsided the victim shows his conscious effort to adopt a deliberate attack which affords no warning to the victim. People of the Philippines vs. Sandiganbayan, et al. GR No. 197953, August 5, 2015; Second Division, Brion, J. Falsification of Public Document; Conspiracy Adriatico was charged with falsification of public documents after issuing in 1999 an OR dated August 27, 1997 to De Luna representing payment for his mayor's permit to operate as a pakyaw contractor. Conniving with Adriatico and De Luna, Mayor Saludaga allegedly issued a permit to De Luna for August-December 1997. Was the Sandiganbayan correct in dismissing the case against them?

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Yes. Sandiganbayan was not convinced that Mayor took advantage of his official position; there was failure to establish involvement in the execution and issuance of the OR. Adriatico did not necessarily make untruthful statement of facts as there was truth of receipt of payment. Conspiracy as a basis for conviction must rest on nothing less than a moral certainty and be proven by clear and convincing evidence by showing a series of acts done by each of the accused in concert and in pursuance of a common unlawful purpose. People of the Philippines vs. Efren Basal Cayas GR No. 215714, August 12, 2015; Third Division, Villarama, Jr., J. Prosecution under the Dangerous Drugs Act (RA 9165) Accused is charged with illegal sale of dangerous. In defense, they averred that the prosecution failed to establish the existence of the buy-bust operation because the poseur-buyer was only an “informant” who was not presented in court. Is this tenable? No. The elements of illegal sale of drugs are: the identity of the buyer and the seller, the object and the consideration of the sale; and the delivery to the buyer of the thing sold and receipt by the seller of the payment therefor. What is material is the proof that the transaction actually took place, coupled with the presentation in court of the corpus delicti as evidence. Whatever relevant information the civilian informant may have was also equally known to the police officers who testified for the prosecution. The testimony of the civilian informant was not indispensable. Ligtas vs. People of the Philippines GR No 200751, August 17, 2015; Second Division, Leonen, J. Elements for Theft A tenant, was charged with the crime of theft under Article 308 of the RPC for harvesting the produce of the land he is tilling. Is he liable? No. The essential elements of theft are: (1) taking of personal property; (2) the property taken belongs to another; (3) the taking was done without the owner's consent; (4) there was intent to gain; and (5) the taking was done without violence against or intimidation of the person or force upon things. The existence of the DARAB Decision adjudicating the issue of tenancy negates the existence of the element that the taking was done without the owner's consent. It implies that petitioner had legitimate authority to harvest the abaca. The uncontested declaration of the DARAB negates a finding of theft beyond reasonable doubt. Tenants having rights to the harvest cannot be deemed to have taken their own produce. David vs. People of the Philippines GR 208320, August 19, 2015; Second Division, Carpio, J. Estafa through Falsification of Commercial Documents David was a Traffic and Customs Coordinator of Hella Philippines. She has allegedly been misrepresenting the amount she wrote on several BOC Forms 38-A. She made it appear that payments of additional taxes were made to BOC and falsified Land Bank commercial documents by making it appear that Hella was assessed additional customs duties. The various amounts purportedly for the payment of additional customs duties were misappropriated for her own use. There is complex crime of estafa through falsification of commercial documents. When a single act constitutes two or more crimes, a complex crime is committed for which only one penalty is imposed. Simple estafa is ordinarily committed in the manner defined in RPC, but if the USC COLLEGE OF LAW BATCH 2017 DIGEST COMPENDIUM

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accused resorts to falsification merely to facilitate and insure the commission of estafa, there is a complex crime. BOC Form 38-A is a commercial document that was falsified to facilitate and insure the commission of estafa. People of the Philippines vs. Edgar Bolo GR No. 200295, August 19, 2015; First Division, Perez, J. Prosecution under the Dangerous Drugs Act (RA 9165) Bolo claimed that the police failed to comply with RA 9165 on the requirements of markings, physical inventory and photographs. This translated to their failure to preserve the integrity and the evidentiary value of the seized items. Was conviction proper? Yes, the elements of illegal possession of dangerous drugs are: (1) possession of an item or object identified to be a prohibited drug; (2) such possession was not authorized by law; and (3) free and conscious possession of the said drug. All these elements were proven —the sachets containing shabu - the subjects of the charge, were seen by a Police and found on accusedappellant's person following accused-appellant's arrest in flagrante delicto for the illegal sale of shabu; Bolo was not able to establish his legal authority to possess the shabu; Bolo’s act of giving the Police as buyer, one sachet indicated his free and conscious possession. People of the Philippines vs. Carolina Boquecosa GR No. 202181, August 19, 2015; First Division, Perez, J. Qualified Theft Boquecosa, the vault custodian and Sales Clerk of Gemmary Pawnshop had access to the things inside the vault. She stole and carried away therefrom cash, assorted jewelry items and cell cards all in all valued at P400, 658.80. Was she guilty of qualified theft? Yes, for the prosecution of theft: there is taking of personal property; the property belongs to another; the taking was without the consent of the owner; the taking was done with intent to gain; and the taking was accomplished without violence or intimidation against the person or force upon things. To qualify the crime of simple theft to qualified theft, the crime of theft must be committed with grave abuse of confidence. As such custodian, Boquecosa was entrusted with the vault combination. She abused that trust and confidence, which her employer reposed upon her. Further, she admitted pawning the jewelries presupposing a previous taking. Teofilo Giangan, Santos Bontia (deceased), and Liberato Dumail (deceased) vs. People of the Philippines GR No. 169385, August 26, 2015; First Division, Bersamin, J. Prosecution under the Anti-Graft and Corrupt Practices Act The barangay officials destroyed the fence which Bernadas built on her lot. This is in response to the residents’ complaints that they couldn’t pass through the lot to get to the adjoining barangay. The barangay officials were charged with violation of the Anti-Graft and Corrupt Practices Act. Are they guilty? No. One of the essential elements for prosecution for violation of the said Act is that the public officer must have acted with manifest partiality, evident bad faith, or gross inexcusable negligence in the discharge of his functions. This element is not present in this case. Access through the road had long been permitted by the owner and her predecessor. In that context, the officials acted upon the honest and sincere belief that they were then summarily abating the nuisance that regular users of the obstructed road had just reported to them.

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People of the Philippines vs. Ricardo Bacus GR No. 208354, August 26, 2015; First Division, Perez, J. Moral Ascendency in Rape by Father against Daughter A father was convicted of having raped his own 16-year-old daughter after the court gave credence to the testimony of AAA. Bacus questions his conviction due to the inconsistencies in the testimony of AAA such as the kind of weapon used as stated in the affidavit versus that stated in open court. Should he be acquitted? No. Such matter is insignificant in character since such is not a material element in the crime of rape. Furthermore, an essential element of the crime of rape is the existence of force and intimidation inflicted by the perpetrator upon the victim. In the instant case, the moral ascendancy of the accused-appellant takes the place of the element of force and intimidation. As held in People vs. Garte, the moral and physical ascendancy of the father over his daughter is sufficient to cow her into submission to his bestial desires. People of the Philippines vs. Cristina Samson GR No. 214883, September 2, 2015; Second Division, Mendoza, J. Self-Defense; Flight as Indication of Guilt Cristina was charged with Parricide for killing her husband. She claims self-defense. What are the requisites of self-defense? Is flight and evasion of arrest for 4 years indication of guilt? The requisites of self-defense are: 1) unlawful aggression; 2) reasonable necessity of means employed to prevent or repel it; and 3) lack of sufficient provocation on the part of person defending himself. Generally, flight, absent a credible explanation, would be a circumstance from which inference of guilt might be established, for a truly innocent person would normally grasp the first available opportunity to defend himself and assert his innocence. However, there is no law or dictum holding that staying put is proof of innocence either. Here, Cristina explained that she took flight for fear of her safety because of possible retaliation from husband’s siblings. She did not hide from the law, but from those who would possibly do her harm. People of the Philippines vs. Roberto Hidalgo, et al. GR No. 203313, September 2, 2015; First Division, Perez J. Conspiracy in Rape One of the accused of the crime of rape appealed and argued there was a failure of the victim to specifically point out the overt acts committed by him which would indicate there was conspiracy in raping her. He insisted that the testimony was too broad and general to indicate a common purpose in committing the crime of rape. When is there conspiracy? Conspiracy exists when the acts of the accused demonstrate a common design towards the accomplishment of the same unlawful purpose. The act of one is the act of all. This is shown by the unity of the action to have carnal knowledge with the victim in the crime of rape. Since the victim’s testimony says that the accused, together with the other accused, tied the victim and took turns in having sexual intercourse with her, then all of them are equally guilty of the crime of rape.

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Roldan Carrera vs. People of the Philippines GR No. 217804, September 2, 2015; Third Division, Velasco, Jr., J. Physical Injuries Not an Element of Rape Petitioner was found guilty of the crime of rape by sexual assault. On appeal, petitioner argued that he should be acquitted for lack of any showing of the element of total involuntariness because there is no presence of contusion, bruises, scratches, hematoma, or any injury on the victim. Should the appeal be sustained based on the argument? No. As a matter of settled jurisprudence, when a woman says she has been raped, her testimony alone is sufficient if it satisfies the exacting standard of credibility and consistency needed to sustain a conviction. Conviction usually rests solely on the basis of the testimony of the victim, if credible, natural, convincing, and consistent with human nature and the normal course of things. External signs of physical injuries on the victim is not an element of the crime of rape, and their absence, without more, does not necessarily negate the commission of rape. People of the Philippines vs. Andy Regaspi GR No. 198309, September 7, 2015; Third Division, Peralta J. Alibi as Defense Regaspi was found guilty of raping a 19-year-old woman. He interposed alibi as defense. Will his defense prosper? No. For the alibi to prosper, the accused must establish the following: (1) he was not at the locus delicti at the time the offense was committed; and (2) it was physically impossible for him to be at the scene at the time of its commission. These, Regaspi failed to prove. Further, Regaspi's allegations remain uncorroborated. People of the Philippines vs. Armando Dionaldo y Ebron, et al. GR No. 207949, September 9, 2015; First Division, Perlas-Bernabe, J. Extinguishment of Criminal Liability On 07/23/2014, the SC affirmed the conviction of all accused-appellants for a special complex crime of Kidnapping for Ransom with Homicide. Thereafter, the Court received a letter from the Bureau of Corrections regarding the death of one of the accused-appellants, Renato, on 06/10/2014. Will Renato’s death extinguish his criminal liability and civil liability ex delicto? Yes. As Renato's death transpired before the promulgation of the Court’s Resolution in this case, his criminal liability is totally extinguished pursuant to Article 89, RPC which states that “Criminal liability is totally extinguished: 1. 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.” In People vs. Amistoso, the Court explained that death of the accused pending appeal of his conviction extinguishes his criminal liability, as well as his civil liability ex delicto. People of the Philippines vs. Suzette Arnaiz @ “Baby Rosal” GR No. 205153, September 9, 2015; Third Division, Villarama, Jr., J. Illegal Recruitment in Large Scale Arnaiz is charged with illegal recruitment in a large scale and by a syndicate. During trial, three witnesses testified that they paid Florida Travel and Tours, Arnaiz’s travel agency, for

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deployment abroad. However, POEA confirmed that Arnaiz and her travel agency were not licensed to recruit workers for employment abroad. Should Arnaiz be convicted? Yes. The elements of illegal recruitment in large scale were proven here: (a) offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers; (b) offender undertakes any of the activities within the meaning of "recruitment and placement" under Article 13(b) of the Labor Code, or any of the prohibited practices under Article 34 of the said Code (now Section 6 of RA 8042); and (c) offender committed the same against three or more persons, individually or as a group. Christopher Dela Riva y Horario vs. People of the Philippines GR No. 212940, September 16, 2015; Second Division, Mendoza, J. Prosecution under the Dangerous Drugs Act (RA 9165) Accused of violation of RA 9165, Dela Riva mainly argues that the prosecution failed to establish the identity and integrity of the drugs seized for failure to comply with the chain of custody requirement: There was no representative of the DOJ; the barangay official wasn’t present during arrest; and the taking of photos and inventory weren’t conducted in the place where the arrest was effected. Is Dela Riva guilty? NO. RA 9165 states that immediately after seizure, there must be a physical inventory of the seized items which must be photographed in the presence of the accused/his representative/counsel, with an elected public official and a representative of the DOJ or media who are required to sign the copies of the inventory. Non-compliance thereto doesn’t render the seizure void provided there are “justifiable grounds” and as long as the integrity and evidentiary value of the seized items are preserved. Such, however, was not the case herein. People of the Philippines vs. Henry Caladcadan GR No. 205379, September 23, 2015; First Division, Perez, J. Rape 16-year-old AAA was sleeping when her father suddenly entered her room and forcibly removed her pants and underwear. AAA tried to resist but Caladcadan was too strong, inserted his penis into AAA's vagina while covering her mouth to prevent her from shouting. Two days later, the same incident happened. Months after, AAA’s mother realized AAA was pregnant. Caladcadan disappeared for 9 years wherein the case was archived until his eventual arrest. Caladcadan denies raping AAA alleging AAA had a boyfriend and explained he was trying to save money to hire counsel during his disappearance. Is accused guilty? Yes. AAA's testimony categorically establishes the fact of rape. She positively identified Caladcadan as the perpetrator. If indeed AAA had a boyfriend at that time, it would have been relatively easier to identify her boyfriend as the perpetrator rather than go through the ordeal and shame of accusing her own flesh of rape. People of the Philippines vs. Joel "Anjoy" Buca GR No. 209587, September 23, 2015; Third Division, Villarama, Jr., J. Date not an essential element of Rape Anjoy placed 7-year-old AAA on his lap, pulled down her panties and forcibly inserted his penis into her vagina. Younger brother CCC, hiding below a bench, saw them, came out and pulled AAA away from Anjoy. Anjoy warned AAA not to tell anyone of what he did or else he will kill her parents. AAA told her mother that Anjoy did it to her many times already. Can Anjoy be

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convicted of rape despite failure to allege the exact date of the commission of the crime in the Information? Yes. AAA’s testimony is sufficient to establish the element of carnal knowledge. Testimonies of rape victims who are young and immature deserve full credence. Moreover, the precise date of the commission of the crime of rape is not an essential element of the crime. Failure to specify the exact date when the rape was committed does not render the Information defective. People of the Philippines vs. BonifacioDandanon y Iligan @ “Boning” GR No. 196258, September 28, 2015; First Division, Leonardo-De Castro, J. Totality of Circumstances Test; Flight of Accused as Indication of Guilt Accused was charged with murder with treachery when he shot the victim twice inside a multicab. He was positively identified by two passengers out-of-court. Accused argues that the inconsistencies in description of the shooter destroy the witnesses’ credibility. Further, accused argues that the fact that he did not flee and chose to face prosecution proves his innocence. Applying the totality-of-circumstances test, the out-of-court identification by the two passengers was properly admitted by the RTC. The witnesses who sat across the accused and the victim had the opportunity to view the criminal and the descriptions given matched. On the second point, unlike flight of an accused, which is a competent evidence against him that tends to establish his guilt, non-flight is simply inaction, which may be due to several factors. Hence, it may not be positively construed as an indication of innocence. Albert G. Ambangan, Jr. vs. People of the Philippines GR Nos. 204481-82, October 14, 2015; Third Division, Velasco, Jr., J. Conviction as Principal by Inducement Ambangan was convicted of double homicide by inducement. The prosecution offered the testimony of two eyewitnesses. The first testified that Ambangan ordered his men to open fire at the victims, while the second, who was in closer proximity to Ambangan, denied that Ambangan gave such order. Ambangan was convicted by disregarding substantial inconsistencies in the testimonies of the two star witnesses. Is the conviction valid? No. The conviction of a person as a principal by inducement requires that (1) the inducement be made with the intention of procuring commission of the crime; and (2) such inducement be the determining cause of the commission by the material executor. The substantial inconsistencies in the testimonies of the two witnesses refer not only to minor details but even to facts constituting important aspects of the case, seriously eroding the weight of the prosecution’s evidence, and casting reasonable doubt on the culpability of Ambangan.

People of the Philippines vs. Pancho GR No. 206910, October 14, 2015; First Division, Perez, J. Failure to Strictly Comply with the Chain of Custody Rule Search operation was conducted in the house of Pancho which yielded three big plastic packets of suspected shabu. No representatives from the media and the DOJ during the conduct

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of the inventory of the seized items. Is the absence of representatives from the media and the DOJ during the conduct of the inventory of the seized items fatal? No, the absence is not fatal and will not render an accused's arrest illegal or the items seized/confiscated from him inadmissible. What is of utmost importance is the preservation of the integrity and the evidentiary value of the seized items, as the same would be utilized in the determination of the guilt or innocence of the accused.

People of the Philippines vs. Lafaran y Aclan GR No. 208015, October 14, 2015; First Division, Perez, J. Failure to Strictly Comply with the Chain of Custody Rule Ronwaldo was arrested during a buy-bust operation for selling shabu. The apprehending officers were not members of the PDEA and their buy-bust operation and surveillance were not supervised nor witnessed by any PDEA officer. Is the buy-bust operation invalidated by noncoordination with the PDEA? No. While it is true that Section 86 of Republic Act No. 9165 requires the NBI, PNP, and the BOC to maintain "close coordination with the PDEA on all drug related matters," the provision does not make PDEA's participation a condition sine qua non for every buy-bust operation. After all, a buy-bust is just a form of an in flagrante arrest sanctioned by Section 5, Rule 113 of the Rules of Court, which police authorities may rightfully resort to in apprehending violators of Republic Act No. 9165 in support of the PDEA.

People of the Philippines vs. Oscar Parba y Solon GR No. 214506, October 19, 2015; First Division, Perlas-Bernabe, J. Murder; Treachery as Qualifying Aggravating Circumstance The prosecution alleged that the accused shot a man at the back of the head while the latter was helping his daughter disembark from a motorcycle causing his death. Was he guilty of murder? Yes. There was murder with the aggravating circumstance of treachery. There is treachery when the offender commits any of the crimes against persons, employing means in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. The attack on the victim was so sudden and executed in such a manner that he was caught off-guard on what the accused intended to do. It is inconceivable how the victim could have expected the attack since he merely intended to take his daughter to school. The treacherous nature of the attack rendered him completely defenseless, noting that the attack was from behind.

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People of the Philippines vs. Vergel Ancajas and Allain Ancajas GR No. 199270, October 21, 2015; Third Division, Peralta, J. Circumstantial Evidence to Establish Rape A, walking to her parent’s house, met Accused who held her hands, covered her mouth with a handkerchief and punched her stomach which led her to lose consciousness. As she regained her consciousness, she was only wearing her t-shirt; her bra, panty and maong pants were on her side. Her vagina hurt. Medical examination confirmed laceration. Was there rape even if A was unconscious during its alleged commission? Yes. Although there was no direct evidence that Accused had carnal knowledge of A who was unconscious, proof of the commission of the crime need not always be direct evidence, for circumstantial evidence could also sufficiently and competently establish the crime beyond reasonable doubt if: (1) there is more than one circumstance; (2) the facts from which the inferences are derived are proven; and (3) the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.

People of the Philippines vs. Apolonio Babor @ “Julito” GR No. 215319, October 21, 2015; Third Division, Villarama, Jr., J. Murder While her family was sleeping, Marife was awakened by noise coming from the door. She lighted a kerosene lamp and saw her husband Apolonio carrying a bolo. Apolonio hacked her sleeping father and continued doing so after the latter squatted and fell down lying. Was Marife’s testimony enough to prove the husband guilty of Murder? Yes. The elements of murder are: (1) a person was killed; (2) the accused killed him; (3) the killing was attended with any qualifying circumstance; (4) the killing constitutes neither parricide nor infanticide. Marife was able to identify Apolonio and see the incident through the kerosene lamp. Her testimony was consistent with the post-mortem examinations results. She had no motive to falsely testify against Apolonio. Treachery was present as Apolonio killed the victim with a bolo at night time and while he was sleeping. Clearly, the victim was not in the position to defend himself.

People of the Philippines vs. Edwin Dalawis y Hidalgo GR No. 197925, November 9, 2015; Third Division, Peralta, J. Failure to Strictly Comply with the Chain of Custody Rule Dalawis was convicted of guilty of violating the Comprehensive Dangerous Drugs Act of 2002. He appealed the decision arguing that there are irregularities in the buy-bust operation. In particular, he stressed that there was absence of evidence showing that the buy-bust operation was exercised in coordination with the PDEA or the barangay authorities, and there was failure of the police officers to properly identify and to physically conduct an inventory of the seized items in his presence. Is his appeal meritorious?

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No. The failure to strictly comply with the procedure laid down in Sec. 21 of RA 9165 will not render an arrest illegal or the seized items inadmissible in evidence for as long as the integrity and evidentiary value of the seized items are properly preserved pursuant to the chain of custody rule.

Francisco Inocencio vs. People of the Philippines GR No. 205760, November 9, 2015; Third Division, Reyes, J. Conspiracy The information charging petitioner of theft provides that he, with Clemente, took FEBTC’s money through fraudulent transfers to and withdrawal from the former’s Account Number. Petitioner, however, assail the validity of the information as it has no allegation of conspiracy and that he is the sole accused in the case. Is the information valid? Yes. Although the words "conspire" and "confederated" do not appear in the indictment, there is a clear allegation that the petitioner and Clemente were united in their purpose of fraudulently taking FEBTC's money. An information alleging conspiracy can stand even if only one person is charged except that the court cannot pass verdict on the co-conspirators who were not charged in the information. Hence, the non-inclusion of Clemente does not invalidate the Information filed against the petitioner especially since conspiracy is not charged as a crime, but is merely alleged as a mode of committing the crime.

People of the Philippines vs. Bienvenido Remedios y Saramosing GR No. 211056, November 10, 2015; First Division, Leonardo-De Castro, J. Rape Accused was charged of raping AAA, his 14-year-old daughter, by force, threat and intimidation. However, the accused noted the discrepancies in AAA’s testimonies showing force and intimidation. Is he guilty? Yes. Absent any showing that the trial judge misapplied some facts of weight affecting the case, the assessment of credibility deserves the highest respect. In rape, the prosecution has the burden to prove that the offender had carnal knowledge of a woman, and he accomplished the act through force, threat or intimidation, or when she was deprived of reason or otherwise unconscious, or when she was under 12 years of age or was demented. In incestuous rape of a minor, actual force or intimidation need not be employed where the overpowering moral influence of the father would suffice. The moral and physical dominion of the father is sufficient to cow the victim into submission to his beastly desires.

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People of the Philippines vs. Edgardo Zabala y Balada, et al. GR No. 203087, November 23, 2015; Third Division, Peralta, J. Treachery as Aggravating Circumstance The accused were charged with murder for boxing and smashing with a stone the victim causing his death. It was found that the accused suddenly appeared and followed the victim from behind. The victim’s friends heard his outcry and saw appellant Romeo place his left hand on Joseph's shoulder and boxed him while appellant Edgardo held Joseph's hands from behind. Was there treachery? Yes. The victim was attacked from behind and in an unexpected manner. There is treachery when: (a) the employment of means of execution gave the person attacked no opportunity to defend himself; and (b) the means or method of execution was deliberately and consciously adopted. Here, the victim was walking home unsuspecting of the imminent danger to his life. Accused came from behind and in a sudden and unexpected manner assaulted Joseph who was not able to defend himself from such attack.

People of the Philippines vs. Eddie Salibad y Dilo GR No. 210616, November 25, 2015; Third Division, Villarama, Jr., J. Murder; Treachery and Unlicensed Firearm as Qualifying Aggravating Circumstance Salibad, with the use of an unlicensed firearm fired immediately at Dacuyan as the latter was turning towards the accused. Was there murder and could the aggravating circumstance of using an unlicensed firearm be used against him despite its inadmissibility as it was an invalid warrantless arrest? Yes. All the elements of murder under the Revised Penal Code were present. There was treachery as the sudden appearance of accused-appellant while Dacuyan was preoccupied talking to the others and the use of a firearm resulted in a situation where the attack caught him by surprise, depriving him of the chance to put up any defense before the fatal shot was fired. Moreover, the qualifying aggravating circumstance of using an unlicensed firearm could still be proved despite the inadmissibility of the firearm itself. The prosecution was able to establish its presence through the witnesses’ testimony coupled with the PNP’s certification that such was unlicensed.

People of the Philippines vs. Franco Darmo de Guzman y Yanzon GR No. 214502, November 25, 2015; Third Division, Villarama, Jr., J. Kidnapping: Forcibly or Fraudulently Accused enticed the victim to accompany him to Cogeo, Antipolo under the guise that he had to open a vault. Is force in taking the victim needed for kidnapping to take place? No, the fact that Victim voluntarily went with appellant to Antipolo, upon Accused's pretension that he had to open the vault of his house, is immaterial. What is controlling is the act of the accused in detaining the victim against his or her will after the offender is able to take the

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victim in his custody. In short, the carrying away of the victim in the crime of kidnapping and serious illegal detention can either be made forcibly or, as in the instant case, fraudulently.

Editha B. Saguin and Lani D. Grado vs. People of the Philippines GR No. 210603, November 25, 2015; Second Division, Mendoza, J. Violation of HDMF Law of 1980 The accused were convicted of violation of PD 1752 for refusal or failure without lawful cause or with fraudulent intent the collection and remittance of the employee savings due to HDMF. The accused interposed the defense of devolution of the district hospital to the provincial government transferring the duty to remit to the latter. Were they correctly convicted? No. Although in malum prohibitum cases, good faith is not a defense, the penal clause of PD 1752 punishes the failure to make remittance only when such failure is without cause or with fraudulent intent. The devolution was a lawful cause for their non-remittance. There is no fraudulent intent. Whatever lapses may be attributed to confusion as to the duties and responsibilities brought by the devolution.

Dolores Diaz vs. People of the Philippines and Leticia S. Arcilla GR No. 208113, December 2, 2015; First Division, Perlas-Bernabe, J. Effect of Extinction of Criminal Liability on Civil Liability Consignee Diaz was charged with estafa for failure to remit to consignor Arcilla the proceeds from various consigned merchandise valued at P32,000. The lower courts acquitted Diaz of estafa on grounds of reasonable doubt. However, she was adjudged civilly liable for P32,000, having admitted that she received the merchandise as evidenced by an acknowledgment receipt. Can Diaz be made civilly liable even if she was acquitted from estafa? Yes. The extinction of the penal action does not carry with it the extinction of the civil liability where the acquittal is based on reasonable doubt as only preponderance of evidence is required. The lower court’s ruling was based on the acknowledgment receipt which shows that Diaz acknowledged receipt from Arcilla of the listed items with their corresponding values, and assumed the obligation to return the same if not sold.

People of the Philippines vs. Pamuel A. Magno GR No. 206972, December 2, 2015; First Division, Perez, J. Kidnapping with Rape The evidence established the following: (1) 5-month old baby girl AAA went missing; (2) Eyewitnesses saw ice cream vendor Magno abusing AAA in the public plaza, with AAA’s private parts bloodied; and (3) Medico-legal report revealed that AAA’s hymen had fresh laceration and the edges are sharp, reddened and edematous. Did the evidence establish the complex crime of kidnapping with rape? Yes. Actual taking of the baby without the consent of her parents is clear proof of Magno’s

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intent to deprive AAA of her liberty. Magno cannot say that intent to deprive the victim of the latter's liberty was not proven. The eyewitness’ testimony and the medical findings that AAA suffered injuries in her vagina proved the commission of rape. Magno cannot say that carnal knowledge was not established as the eyewitness did not see him insert his penis in AAA's vagina.

Wilfred Chiok vs. People of the Philippines and Rufina Chua GR No. 179814 & 180021, December 7, 2015; Third Division, Jardeleza, J. Res Judicata in Estafa and BP 22 cases Does Chiok’s acquittal in a previous BP 22 case bar conviction in an estafa case, with similar subject checks? No. Rule 111 expressly allows the institution of a civil action in the crimes of both estafa and violation of BP 22, without need of election by the offended party. There is no forum shopping because both remedies are simultaneously available to the offended party. However, there may only be one recovery of the single civil liability. The basis for Chiok's acquittal therein is the prosecution's failure to show that a notice of dishonor was first given to Chiok. Thus there is no res judicata in the concept of conclusiveness of judgment barring Chua from recovering any civil claims.

People of the Philippines vs. Miraflor Lerio GR No. 209039, December 9, 2015; First Division, Perez, J. Kidnapping Lerio was accused of kidnapping Justin Anniban, a 1-month-old. Justin’s mother realized that after Lerio visited her child in their house, Lerio and her child suddenly disappeared. Lerio argued that she took the child to the pier since her boyfriend requested her to meet with him there. Lerio revealed she had conceived a child around the same time as Anniban but her child died during labor. Is Lerio gulty of kidnapping? Yes. Lerio’s act of taking the infant, without the knowledge or consent of his mother, constituted the crime. The elements of kidnapping under the Revised Penal Code are present: (1) the offender is a private individual; (2) she kidnaps or detains another, or in any other manner deprives the latter of his or her liberty; (3) the act of detention or kidnapping is illegal; and (4) the person kidnapped or detained is a minor, female or a public officer.

People of the Philippines vs. Rodolfo Pateño GR No. 209040, December 9, 2015; First Division, Perez, J. Rape Pateño is the father of 14-year old, AAA. He was accused of raping his own daughter five times. In his defense, Pateño argued that AAA's testimony regarding the time and manner of the purported rape incidents were incredulous; that AAA did not feel any fatherly love towards him and she had the motive to falsely accuse him of rape. Is Pateño guilty?

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Yes. Pateño insisted that AAA's claim of subsequent rape identically done is highly improbable and contrary to human experience. However, the Court in People vs. Solomon held that the victim's uniform testimony regarding the manner by which she was raped does not diminish her credibility. No woman in her right mind, especially a young girl, would fabricate charges of this nature and severity.

People of the Philippines vs. Mark Anthony Roaquin y Navarro GR No. 215201, December 9, 2015; Third Division, Villarama, Jr., J. Denial and Medical Evidence in Prosecution for Rape 17-year-old AAA accused Mark of rape. Two days after the alleged incident, she was examined by a medico-legal officer. Results stated she suffered multiple injuries on her right arm and deep-healed laceration with vaginal bleeding; there was clear evidence of blunt penetrating trauma. Mark denied the allegations and questioned the inconsistencies in AAA’s testimonies and the lacerations healed only after 2 days. Is Mark guilty? Yes. Prosecution established that appellant had carnal knowledge of AAA through AAA’s testimony and the medical report. The finding of healed and not fresh lacerations will not negate commission of rape. Medical evidence is merely corroborative, and even dispensable, in proving rape. Moreover, appellant's defense of denial and alibi are inherently weak and self-serving, especially if uncorroborated. Denial cannot prevail over complainant's direct, positive and categorical assertion.

Adina B. Manansala vs. People of the Philippines GR No. 215424, December 9, 2015; First Division, Perlas-Bernabe, J. Elements of Falsification of Private Documents under Article 172 of the RPC; Acting Under an Impulse of Uncontrollable Fear: Mitigating? On orders of superior Finance Manager Lacanilao, Manansala, UMC Finance and Leasing Corporation’s Petty Cash Custodian, reinserted an already corrected cash advance report, reprinted the same on a scratch paper, and repeatedly folded it to make it look old. Based on such reprinted report, Siy was administratively charged and terminated. Siy then charged Manansala and Lacanilao for falsification under Article 172. Can Manansala be convicted? Yes, all the elements of the crime are present for her conviction: (a) offender committed any of the acts of falsification, except those in Article 171 (7) of the RPC; (b) falsification was committed in any private document; and (c) falsification caused damage to a third party or at least was committed with intent to cause such damage. Here, Manansala made a false cash advance report despite knowledge that Siy did not make such cash advance and the untruthful report became basis for Siy’s termination. Manansala claims that she did the falsification apprehensively under the orders of her superior. Is this a mitigating circumstance in her case? No, acting under an impulse of uncontrollable fear is not a mitigating circumstance; it is an exempting circumstance. For it to be appreciated, the following must concur: (a) the existence of an uncontrollable fear; (b) that the fear must be real and imminent; and (c) the fear of an

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injury is greater than, or at least equal to, that committed. In the case of Manansala, although she was shown apprehensive and unknowing of the repercussions of what was ordered to her, there were no threats, intimidation or coercion that would have compelled her to do the act. Thus, the circumstance cannot be appreciated in her favor.

Domingo Panganiban vs. Republic of the Philippines GR No. 211543, December 9, 2015; First Division, Perez, J. Malversation of Public Funds Panganiban, a mayor, obtained cash advances to cover future official travels. He instructed his personnel to deduct from his salary to defray such advances. Upon investigation, reports show that there still remains an amount from the cash advance that was not liquidated. Was he guilty of malversation of funds? No. The elements that: “he has custody or control of the funds or property by reason of the duties of his office” is wanting. To have custody or control of the funds or property by reason of the duties of his office, he must be any officer tasked with the taking of money or property from the public which they are duty-bound to keep temporarily until such money or property are properly deposited or endorsed to the proper authorities. Panganiban, as Mayor, was not accountable for any public funds or property as it never became his duty to collect money or property from the public.

De Leon vs. People and Spo3 Leonardo G.R. No. 212623, January 11, 2016; Second Division, Mendoza, J. Defamation SPO3 Leonardo pointed a gun to his former jogging buddy, De Leon, because he was not lent money by the latter. As a result, De Leon uttered these words in public, "Walanghiya kang mangongotong na pulis ka, ang yabang yabang mo noon. Patay ka sa akin ngayon." He was found guilty of grave oral defamation in lower courts. He is only guilty of slight oral defamation. Whether the offense committed is serious or slight oral defamation, depends not only upon the sense and grammatical meaning of the utterances but also upon the special circumstances of the case. It is a rule that uttering defamatory words in the heat of anger, with some provocation on the part of the offended party constitutes only a light felony. Their altercation and De Leon's subsequent defamation were not in connection with SPO3 Leonardo's public duties to qualify a conviction of grave oral defamation.

Erwin Libo-On Dela Cruz, vs. People of the Philippines G.R. No. 209387, January 11, 2016; Second Division, Leonen, J. Illegal possession of firearms committed with another crime Upon x-ray scanning inspection of his bag, Erwin was found to be in possession of firearms, explosives and ammunitions during the COMELEC Gun Ban period. He did not have the

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proper documents for the firearms as well as the license to carry it during this period. Is it lawful to convict the person for both illegal possession of firearms and violation of the COMELEC Gun Ban? No. Although it was established that all the requisites for violation of the Gun Ban and Illegal possession of Firearms are present, he cannot be convicted for both offense. Under Republic Act no. 8294, otherwise known as illegal possession of firearms, a person may not be convicted for illegal possession of firearms if another crime was committed. The unlicensed firearm need not be actually used in the course of committing the other crime for the application of Section 1 of Republic Act No. 8294.

People of the Philippines vs. Fernando Ranche Havana G.R. No. 198450, January 11, 2016; Second Division, Del Castillo, J. Chain of custody in Drug Cases Havana was convicted with illegal sale of shabu. On appeal, Havana focuses his argument on the failure of the prosecution to establish a continuous and unbroken chain of custody of the seized illegal drug and the lack of integrity of the evidence in view of the police officers' noncompliance with Section 21, Article II of RA 9165. Should he be acquitted? Yes. The dangerous drug itself constitutes the very corpus delicti of the offense and the fact of its existence beyond reasonable doubt plus the fact of its delivery and/or sale are both vital and essential to a judgment of conviction in a criminal case. In other words, it must be established with unwavering exactitude that the dangerous drug presented in court as evidence against the accused is the same as that seized from him in the first place.

Napoleon Senit vs. People of the Philippines G.R. No. 192914, January 11, 2016; Third Division, Reyes, J. Reckless imprudence Complainant was on board his pick-up with his wife, their 3-year old son, and househelper. He turned left when a speeding bus, driven by petitioner, suddenly overtook a big truck from the right side. Moving too fast, petitioner swerved to the right and crushed into the pick up resulting to the injuries of all the passengers of the latter. Is petitioner guilty of Reckless Imprudence? Yes. Senit recklessly drove and overtook another ten-wheeler truck that slowed at the intersection. Seeing the ten-wheeler truck slow down, it was incumbent upon the petitioner to reduce his speed or apply on the brakes in order to allow the pick-up to safely make a left turn. Instead, he drove at a speed too fast, directly smashing into the pick-up. In flagrantly failing to observe the necessary precautions to avoid inflicting injury or damage to other persons and things, the Senit was recklessly imprudent.

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Cheng y Chu vs. People of the Philippines G.R. No. 174113, January 13, 2016; First Division, Perlas-Bernabe, J. Estafa Rodriguez agreed to deliver jewelry to Cheng for the latter to sell on commission basis. Cheng failed to remit the proceeds of the sale or return the unsold jewelry. Rodriguez demanded that Cheng comply with her undertaking, but the latter disregarded such demand. Is Cheng guilty of Estafa? Yes. The elements of Estafa are as follows: (1) the offender’s receipt of money, goods, or other personal property in trust, or on commission, or for administration, or under any other obligation involving the duty to deliver, or to return, the same; (2) misappropriation or conversion by the offender of the property or money received, or denial of receipt of the money or property; (3) the misappropriation, conversion, or denial of receipt is to the prejudice of another; and (4) demand by the offended party that the offender return the money or property received.

People of the Philippines vs. Alexander “Sander” Bangsoy G.R. No. 204047, January 13, 2016; Second Division, Brion, J. Actions of child witnesses Does a child-victim’s act of returning to the place where she was sexually abused tainted her credibility? No. it is not proper to judge by adult norms of behavior the actions of children who have undergone traumatic experiences. Certainly, a child – more so in the case of a child who is suffering from mild mental retardation – cannot be expected to act like an adult or do what may be expected of mature people under similar circumstances. Does the initial reluctance of a childvictim to reveal the assault tainted her credibility? No, because young girls usually conceal their ordeal because of threats made by their assailants.

People of the Philippines vs. Manuel Macal Bolasco GR No. 211062, January 13 2016; First Division, Perez, J. Parricide Manuel killed his wife using an improvised bladed weapon (belt buckle) and a kitchen knife. He did not refute the allegations of the prosecution that he killed his wife. What crime did he commit? He committed the crime of Parricide. The essential elements of parricide are duly established. First, the fact of Auria's death is incontestable. Second, there is no doubt that Auria was killed by the accused. The stabbing incident was acknowledged by the accused himself. Third, the spousal relationship between Auria and the accused is beyond dispute. This is admitted

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by the accused. The prosecution also produced a copy of the couple's marriage certificate which the defense admitted to be a genuine and faithful reproduction of the original.

People of the Philippines vs. Ma. Fe Torres Solina a.k.a Ma. Fe Baylon Gallo GR No. 196784, January 13 2016; Third Division, Peralta, J. Estafa Solina, by means of false manifestations and fraudulent representations, defrauded the complainants into believing that she had the capacity to deploy complainants for overseas employment and could facilitate the necessary papers, in connection therewith if given the necessary amount and by means of other deceit of similar import, induced complainants to give and deliver to said accused the amount of Php 20,000.00 each. Is she guilty of estafa? Yes. The elements of estafa are: (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. Accused defrauded the complainants into believing that she had the capability to send them for overseas employment and because of such assurances, complainants each parted with P20,000.00 in exchange for said promise of future work abroad. Such promise never materialized, thus, private complainants suffered damages to the extent of the sum of money that they had delivered to accused.

Norberto A. Vitangcol vs. People of the Philippines, G.R. No. 207406, January 13, 2016; Second Division, Leonen, J. Bigamy Norberto was charged with bigamy for marrying Alice despite his subsisting valid marriage with Gina. Norberto argues that his first marriage was invalid by presenting the LCR’s Certification that it has no record of the marriage license issued to Norberto and Gina. Does the Certification prove nullity of Norberto’s first marriage thus exculpating him from the bigamy charge? No. The Certification does not categorically prove that there was no marriage license. The absence of such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from the LCR that no such marriage license was issued to the parties. Assuming without conceding that Norberto's first marriage was solemnized without a marriage license, he remains liable for bigamy as his first marriage was not judicially declared void.

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People of the Philippines vs. Juan Asislo y Matio G.R. No. 206224, January 18, 2016; Third Division, Peralta, J. Non-compliance of RA 9165; Consideration in drug buy-bust; Illegal Transportation of Dangerous Drugs

Convicted of the crime of illegal sale of dangerous drugs, Asislo averred (1) that the procedure mandated by Sec. 21 of RA 9165 was not complied since there was a lapse of time from the seizure to the marking and inventory and (2) that the sale was not consummated for lack of consideration as no buy-bust money was given. Tenable? No. Non-compliance does not make the items seized inadmissible provided the prosecution establishes with moral certainty that the specimen introduced as evidence is the same illegal drug that were confiscated, as its preservation is the primary consideration in the prosecution for illegal sale of dangerous drugs. Consideration is essential to consummate the sale however, accused may still be held liable for illegal transportation of dangerous drugs, which essential element is the movement of the dangerous drug from one place to another and fact of actual conveyance suffices to support the act of transporting.

People vs. Zaldy Salahuddin and Three other Unidentified Companions G.R. 206291, January 18, 2016; Third Division, Peralta, J. Treachery Liezel and Atty. Segundo were riding their car on their way home when they heard two gun shots. Then, she heard another three gunshots from a person riding a motorcycle, who was later identified as Salahuddin. Was there treachery? Yes, the essence of treachery is the sudden attack by the 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. Two conditions must concur for treachery to exist, namely, (a) the employment of means of execution gave the person attacked no opportunity to defend himself or to retaliate; and (b) the means or method of execution was deliberately and consciously adopted. The fatal shooting of Atty. Segundo was attended by treachery because appellant shot the said victim suddenly and without any warning with a deadly weapon.

Mary Elizabeth Ty-Delgado vs. HRET and Philip Arreza Pichay G.R. No. 219603, January 26, 2016; En Banc, Carpio, J. Libel Pichay was convicted by libel and sentenced to pay a fine. Then, Pichay run for public office. His opponent filed a disqualification case on the ground that Pichay was convicted of libel, a crime involving moral turpitude. (1st) He argued that he did not personally perform the acts prohibited and his conviction for libel was only because of his presumed responsibility as

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president of the publishing company. (2nd) the imposition of fine is determinative of the absence of moral turpitude. Is Pichay Correct? 1.) No. The RPC provides that: “Any person who shall publish, exhibit, cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same.” The provision did not distinguish or graduate the penalty according to the nature of degree of the participation of the persons involved in the crime of Libel. 2.) No. The crime still involves moral turpitude even if the penalty of imprisonment is reduced to fine.

People of the Philippines vs. Victor Padit G.R. No. 202978. February 1, 2016; Third Division, Peralta, J. Rape AAA, who was 4 years old at the time of the alleged rape, testified that the accused merely rubbed his penis against her vagina. Does the testimony of AAA fail to prove carnal knowledge as an element of rape? Carnal knowledge is defined as the act of a man having sexual bodily connections with a woman. The slightest penetration of the female genitalia consummates the rape. As such, a mere touching of the external genitalia by the penis capable of consummating the sexual act already constitutes consummated rape.

People of the Philippines vs. Bayker G.R. No. 170192, February 10, 2016; First Division, Bersamin, J. Illegal recruitment Accused, who was a mere employee of the company, represented to the complainants as a recruitment agency; however it concealed the fact that they were not licensed to do so. Accused was convicted for the crimes of illegal recruitment in large scale and estafa. Is a mere employee criminally liable with a company engaged in illegal recruitment? Yes. Even mere employee of a company or corporation engaged in illegal recruitment could be held liable, along with the employer, as principal in illegal recruitment once it was shown that he had actively and consciously participated in illegal recruitment. This is because recruitment and placement include any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers, as well as referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not.

People of the Philippines vs. Eliseo Villamor GR No. 202187, February 10, 2016; Third Division, Peralta, J. Rape AAA testified that while asleep beside her siblings and grandmother, she was awakened by someone fondling her breast and vagina and knew the man to be her father, Eliseo, because

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of his built, smell, and voice. Eliseo challenged AAA’s credibility as she did not see his face and her failure to shout or wake up her siblings. He argues that AAA’s silence affects her credibility. In resolving rape cases, primordial consideration is given to the credibility of the victim's testimony. Even though a witness may not have seen the accused at a particular incident for reasons such as the darkness of the night, hearing the sound of the voice of such accused is still an acceptable means of identification where it is established that the witness and the accused knew each other personally and closely for a number of years. Neither does AAA's silence on the incident affect her credibility. There is no uniform behavior that can be expected from those who had the misfortune of being sexually molested. The perpetrator of the rape hopes to build a climate of extreme psychological terror, which would numb his victim into silence and submissiveness. In fact, incestuous rape further magnifies this terror for the perpetrator in these cases, such as the victim's father, is a person normally expected to give solace and protection to the victim.

People of the Philippines vs. Nestor Roxas GR No. 218396, February 10, 2016; Third Division, Perez, J. Self-defense Roxas was charged with murder. A witness testified that he and the victim were talking when Roxas approached the victim from behind and suddenly stabbed him thrice. Roxas invoked self-defense. He said that the victim punched him and told him “uubusin ko kayong mag-anak” and pulled a knife prompting Roxas to grab the knife from the victim and they both fell on the ground. Roxas noticed he sustained stab wounds and saw the victim lying on the ground. Was there self-defense? No. While the prosecution has the burden of proving the guilt of the accused beyond reasonable doubt, the burden is shifted to the accused when he admits the commission of the crime but interposes self-defense to justify his act. The accused failed to establish the requisites of self-defense. Only the accused himself testified regarding his allegation. The trial court gave great weight and respect to the testimony of the witness detailing who, when, where and how the crime was committed in this case.

People of the Philippines VS. Cristy Dimaano y Tipdas G.R. No. 174481, February 10, 2016; Second Division, Leonen, J. Comprehensive Dangerous Drugs Act Bilugot was detailed as a frisker at the departure area of an airport. He felt a hard object bulging near Cristy’s buttocks. Cristy was then brought to the C.R. and sachets of white crystalline were discovered. When asked what they were, Cristy replied, ‘shabu’ and alleged that she was asked to bring them only. There were inconsistencies in the prosecution’s testimony. Was she validly convicted? Yes, the following was properly observed: 1. The prosecution must prove the existence of the prohibited drug. 2. It must show that the integrity of the corpus delicti has been preserved. 3. It must present a testimony as to the chain of custody of the seized drugs.

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Inconsistencies in the testimonies of prosecution witnesses in cases involving violations of the Comprehensive Dangerous Drugs Act may be excused so long as the identity of the dangerous drugs is proved beyond reasonable doubt and the chain of custody is established with moral certainty.

Ofelia C. Caunan vs. People of the Philippines and the Sandiganbayan G.R. No. 183529, February 24, 2016; Third Division, Reyes, J. Anti-Graft and Corrupt Practices Act An Officer in Charge of the Department of General Services of the City Government was convicted by the Sandiganbayan for violating Section 3 (e) of R.A. No. 3019 or "Anti-Graft and Corrupt Practices Act" because of government's purchase and payment of equipment not delivered or “ghost delivery.” What elements must concur to be found guilty of such provision? To be found guilty under the said provision, the following elements must concur: 1) The accused must be a public officer discharging administrative, judicial or official functions; 2) He must have acted with manifest partiality, evident bad faith or gross inexcusable negligence; and 3) That his action caused undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage or preference in the discharge of his functions.

People of the Philippines vs. Vicente Lugnasin and Devincio Guerrero G.R. No. 208404, February 24, 2016; First Division, Leonardo-De Castro, J. Out-of-Court Identification Vicente and Devinicio were convicted of the crime kidnapping for ransom of one Cordero. The accused alleged that Cordero’s identification of his abductors was questionable because it was dark when he was abducted, he was blindfolded and asked to remove his eyeglasses. Whether Cordero’s identification of the accused is unreliable. No. The out-of-court identification made by Cordero satisfied the totality of circumstances test. Out-of-Court Identification is conducted by considering the following factors: 1) the witness’ opportunity to view the criminal at time of crime; 2) witness’ degree of attention; 3) the accuracy of any prior description given by witness; 4) the level of certainty demonstrated; 5) length of time between the crime and identification; and 6) suggestiveness of the identification procedure. Cordero was able to see the faces of the men due to light from the pedestrian street before he was blindfolded. He was able to describe the men and the kinds of firearms they were approaching. The length of time, which was only 26 days, did not render his identification flawed. But assuming that the out-of-court identification was improper, the subsequent in court identification cured any flaw attending the former.

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People of the Philippines vs. Raul Yamon Tuando G.R. No. 207816, February 24 2016; Third Division, Perez, J. Rape The accused, convicted of Qualified Rape under the Revised Penal Code, is trying to destroy the credibility of AAA, a minor, due to the fact that she tried to live a normal life despite being raped by him. The accused finds fault with AAA when she continued to live normally after she was sexually abused. There is ample basis to conclude that AAA's resumption to normal life after the commission of rape cannot be taken against her. A victim's reaction after a harrowing experience, especially in a crime of rape, is subjective and not everyone responds in the same way. There is no standard form of behavior that can be anticipated of a rape victim following her sexual abuse. People respond differently to emotional stress, particularly minor children subjected to such level of emotional trauma.

People of the Philippines vs. Reman Sariego G.R. No. 203322, February 24, 2016; Third Division, Peralta, J. Rape Sariego was charged with two counts of rape of his own daughter. It was noted by the lower court however, that while the Informations specifically alleged minority and relationship as qualifying circumstances, no birth certificate was shown to evince age. Still, the court deemed the circumstance of relationship sufficient to qualify the offense. Was the court correct in doing so? He cannot be held guilty of rape in its qualified form. In a conviction for qualified rape, the prosecution must prove that 1) the victim is under 18 years of age at the time of the rape, AND 2) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim. It is the concurrence of both minority of the victim and her relationship with the offender, proven beyond reasonable doubt that will be considered as a special qualifying circumstance. Otherwise, the crime shall be considered simple rape.

People of the Philippines vs. Rodriguez G.R. No. 208406, February 29, 2016; Third Division, Peralta, J. Rape On appeal is CA’s decision affirming appellant’s guilt beyond reasonable doubt of the crime rape committed against a 27 year-old-mentally retarded woman, with mental age of a 6year-and-2months-old child. Is the conviction proper? Yes. Carnal knowledge of a female mental retardate with the mental age below 12 years of age is rape of a woman deprived of reason. Proof of force or intimidation is not necessary, as a mental retardate is not capable of giving consent to a sexual act. Rape can be established by the sole testimony of the victim which is credible and untainted with serious uncertainty, much more if it is supported by medical findings, as in this

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case. When the victim's testimony of her violation is corroborated by the physical evidence of penetration, there is sufficient foundation for concluding that there was carnal knowledge.

Solomon Verdadero y Galera vs. People of the Philippines G.R. No. 216021, March 2, 2016; Second Division, Mendoza, J. Insanity as a Defense and Related Civil Liability Will the accused be absolved of both criminal and civil liability by reason of insanity at the time of the killing incident? To be absolved from criminal liability, the defense of insanity or imbecility must be clearly proved for there is a presumption that the acts penalized by law are voluntary. In order for the accused to be exempted from criminal liability under a plea of insanity, he must categorically demonstrate that: (1) he was completely deprived of intelligence because of his mental condition or illness; and (2) such complete deprivation of intelligence must be manifest at the time or immediately before the commission of the offense. An exempting circumstance, by its nature, admits that criminal and civil liabilities exist. Thus, Verdadero is still liable for damages in spite of his exoneration.

Rafael Nadyhan vs. People of the Philippines G.R. No. 193134, March 2, 2016; Third Division, Perez, J. Reasonable Necessity in Self-Defense Four drunk men struck Nadyhan and started beating him with a belt buckle and a club. Starting to lose consciousness, Nadyhan thrust his knife and stabbed Pagaddut who died subsequently. Nadyhan only suffered a wound on the forehead. The trial court ruled that there was no reasonable necessity of the means employed to repel the attack. Accused argues that since the aggressors were ganging up on him, he was put in a situation where he could not control or calculate the blows. No. First, there is intrinsic disproportion between a knife and a belt buckle. Second, he suffered only a lacerated wound on the forehead. Third, the victim Pagaddut and his companions were already drunk before the fatal fight. This state of intoxication, while not critically material to the stabbing that transpired, is still material for purposes of defining its surrounding circumstances, particularly the fact that a belt buckle and a piece of wood might not have been a potent weapon in the hands of a drunk wielder.

People of the Philippines vs. Godofredo Comboy y Cronico G.R. No. 218399, March 2, 2016; First Division, Perlas-Bernabe, J. Statutory Rape Comboy was charged of two counts qualified rape and one count attempted rape against his minor biological daughter. What must be established by the prosecution to convict him?

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To sustain a conviction for statutory rape, the prosecution must establish the following: (a) the age of the complainant; (b) the identity of the accused; and (c) the sexual intercourse between the accused and the complainant. The foregoing acts of Rape shall be qualified pursuant to Article 266-B (1) of the RPC if: (a) the victim is under eighteen (18) years of age; and (b) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.

People of the Philippines vs. Edgardo Perez Y Alavado G.R. No. 208071, March 9, 2016; Third Division, Peralta, J. Allegation of Relationship as a Qualifying Circumstance of Rape Perez was charged with the crime of rape committed against his niece. The Information charging him states he “had carnal knowledge of one AAA… 13 years old… there being present an aggravating circumstance in that the victim is under eighteen (18) years old and the accused is an uncle by affinity of the latter.” Is the allegation sufficient to convict the appellant in its qualified form resulting in a higher award of damages? No. To satisfy the requirements of the RPC, the Information must succinctly state that appellant is AAA’s relative within the third civil degree of consanguinity or affinity, as expressly required by jurisprudence. It is immaterial that appellant admitted that the victim is his niece. If the rape is perpetrated with any of the qualifying circumstances that require the imposition of death penalty, the civil indemnity shall be P75, 000, otherwise, it shall be reduced to P 50, 000 as in this case. ||| People of the Philippines vs. Jugueta GR No. 202124, April 5, 2016; En Banc, Peralta, J. Proper Nomenclature for Criminal Cases Accused were charged for shooting two minor children who died and for shooting the children’s parents and two other siblings who lived. The shooting took place in the victims’ houses. What should be the proper nomenclature for the crimes? They must be penalized for two separate counts of Murder and four counts of Attempted Murder; not the complex crimes of Double Murder and Multiple Attempted Murder. The facts show that, in firing successive and indiscriminate shots at the victims from their respective firearms, they intended to kill the entire family. When several gunmen, indiscriminately fire a series of shots at a group of people, it shows their intention to kill several individuals. Hence, they are committing not only one crime and cannot be classified as a complex crime because "each act by each gunman pulling the trigger of their respective firearms, aiming each particular moment at different persons constitute distinct and individual acts which cannot give rise to a complex crime."

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People of the Philippines vs. Eduardo Yepes GR No. 206766, April 6, 2016; Third Division, Perez, J. Chain of Custody, RA 9165 Accused was charged with illegal sale of shabu allegedly taken from him in an entrapment operation. During trial, testimonies of the police officers had material inconsistencies raising doubts whether an entrapment operation had indeed been made and serious questions regarding the integrity of the corpus delicti. Should the accused be convicted? No. The police did not follow the procedure in Section 21 of R.A. No. 9165. Although justifiable grounds may excuse noncompliance, as long as the integrity and evidentiary value of the seized items are properly preserved, no justifiable reason was given. Most important, the integrity and evidentiary value of the drugs seized were not shown to have been preserved. The inconsistent statements between how many sachets and who handed these to whom bear out the glaring fact that the chain of custody of the seized items was broken even at the very first link thereof.

People of the Philippines vs. John Glen Wile et al. GR No. 208066, April 12, 2016; First Division, Leonardo-De-Castro, J. Conviction on Rape Cases Accused question their conviction for rape alleging among others non- presentation of a vital witness for the prosecution, failure to state the force employed in the commission of the crime, and commission of the crime in a public place. Correct? No. Due to its intimate nature, rape is usually a crime bereft of witness, and the victim is left to testify for herself. The victim’s credibility is thus the primordial consideration in resolving rape cases. When the victim’s testimony is straightforward, convincing, and consistent with human nature, it passes the test of credibility and the accused may be convicted on the basis thereof. The credibility of victims AAA and BBB were established, further bolstered by the unique circumstance that the two victims witnessed the rape of each other and that their testimonies were corroborative, establishing beyond reasonable doubt the commission of the crime.

People of the Philippines vs. Allan Menaling y Canedo GR No. 208676, April 13, 2016; Third Division, Perez, J. Recantation in Trial for Rape With the help of her mother, a minor (12) filed a complaint for rape against her father. During the course of the trial, both the mother and the minor recanted their statements attempting to exculpate the accused. What is the value of such recantation? The accused is still found guilty. A retraction is looked upon with considerable disfavor by the courts. It is exceedingly unreliable for there is always the probability that such recantation may later on be repudiated. It can easily be obtained from witnesses through

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intimidation or monetary consideration. Before allowing the recantation, the court must not be too willing to accept it, but must test its value in a public trial with sufficient opportunity given to the party adversely affected to cross-examine the recanting witness both upon the substance of the recantation and the motivations for it.

People of the Philippines vs. Reynaldo Umanito GR No. 208648, April 13, 2016; Third Division, Perez, J. Testimony of Mental Retardate Victim in Trial for Rape May an accused be convicted of rape when the only evidence is the testimony of a mental retardate victim who has consistently, through hand gestures, pointed the accused as a culprit? Yes. In the case of mentally-deficient rape victims, mental retardation per se does not affect credibility. A mental retardate may be a credible witness. Acceptance of her testimony depends on the quality of her perceptions and the manner she can make them known to the court. When a woman says she has been raped, she says in effect all that is necessary to show that rape has in fact been committed. Thus, the lone testimony of the victim in a prosecution for rape, if credible, is sufficient to sustain a conviction. Owing to the nature of the offense, the only evidence that can be adduced to establish the guilt of the accused is usually only the offended party's testimony.

Luis Derilo y Gepoleo vs. People of the Philippines, GR No. 190466, April 18, 2016; Second Division, Brion, J. Illegal Possession of Drug Paraphernalia Police officers conducted an operation at the residence of Gespoleo. Aside from dangerous drugs, they recovered suspected drug paraphernalia, i.e., new and used aluminum foil, lighters, and a tube, which were scattered in plain view. Is he guilty of illegal possession of drug paraphernalia? No. The elements of illegal possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs are: (1) possession or control by the accused of any equipment, apparatus or other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body; and (2) such possession is not authorized by law. There is no evidence that the aluminum foil, tube, and lighters found were fit or intended for introducing any dangerous drug into the body. They didn’t show that there were traces of shabu on any of these alleged drug paraphernalia. All they can prove is the existence of such paraphernalia.

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People of the Philippines vs. Leo Mendoza GR No. 214349, April 20, 2016; Third Division, Perez, J. Qualified Rape Accused, grandfather of 9-year-old complainant-victim [AAA], by means of force and intimidation and taking advantage of his moral ascendancy over [AAA], did then and there wilfully, unlawfully and feloniously have carnal knowledge of her, against her will. What crime was committed by accused? If committed by a grandfather against his granddaughter under eighteen years of age, the rape is qualified pursuant to Article 266-B of the RPC. Based on the foregoing provision, the elements of qualified rape are: (1) sexual congress; (2) with a woman; (3) by force and without consent; (4) the victim is under eighteen (18) years of age at the time of the rape; and (5) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.

People of the Philippines vs. Elpedio Castanas y Espinosa, GR No. 192428, April 20, 2016; Third Division, Perez, J. Statutory Rape Accused, actuated by lust and taking advantage of the innocence of a 4-year-old minor, willfully, unlawfully and feloniously laid her down and he, in turn took off his pants and underwear, laid on top of said minor, to her damage and prejudice. Was there statutory rape? Yes. Statutory rape is committed by sexual intercourse with a woman below twelve (12) years of age regardless of her consent, or the lack of it to the sexual act. Proof of force, intimidation, or consent is unnecessary. These are not elements of statutory rape as the absence of free consent is conclusively presumed when the victim is below the age of twelve. To convict, the prosecution carries the burden of proving: (1) the age of the complainant; (2) the identity of the accused; and (3) the sexual intercourse between the accused and the complainant.

People of the Philippines vs. Jimmy Ulanday GR No. 216010, April 20, 2016; Third Division, Perez, J. Elements of Rape Accused was charged with statutory rape. His defense was the victim’s inconsistent statement coupled with the Doctor’s finding of healed hymenal lacerations “that could have occurred 5 or more days before the examination” that would negate the rape that occurred 2 months prior. Will it prosper? No. To be convicted of rape the elements are: offender had carnal knowledge of a woman; and that he accomplished this act through force, threat, or intimidation; when she was deprived of reason or otherwise unconscious; by means of fraudulent machination or grave abuse of authority; or when she was under twelve (12) years of age or was demented.

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Inconsistencies on the victim’s statements cannot outweigh the certain and positive identification of the victim of the accused as the person who forced himself on her. In any case, expert testimony like an examining physician is merely corroborative in character and not essential to conviction.

People of the Philippines vs. Amaro y Catubay GR No. 207517, June 1, 2016; Third Division, Peralta, J. Illegal Sale of Dangerous Drugs A buy-bust operation was conducted. When the suspect received the marked money that the poseur-buyer gave him, he handed over to the latter a sachet of white crystalline substance. Upon examination, PO3 Abella immediately told him that he is a police officer and placed him under arrest. Are all the elements to successfully prosecute illegal sale of dangerous drugs present? YES. For a successful prosecution of illegal sale of dangerous drugs R.A. 9165, these must be proved: the identity of the buyer and the seller, the object of the sale, and the consideration; and the delivery of the thing sold and the payment therefor. The delivery of the illicit drug to the poseur-buyer and the receipt by the seller of the marked money consummate the illegal transaction. What matters is the proof that the transaction or sale actually took place, coupled with the presentation in court of the prohibited drug, the corpus delicti, as evidence.

People of the Philippines vs. Ruben Dela Rosa G.R. No. 206419, June 1, 2016, Third Division, Perez. Negative Defenses in Statutory Rape Dela Rosa was convicted of statutory rape when he raped a 31 year-old that has a mental age of 9 years old. He committed the rape in the house of the victim where he and his wife are living with the victim’s mother. The victim testified and narrated how the crime was committed. His alibi was that he was not living anymore at that house on the alleged day of the crime. Will his contention prosper? No. Denial and alibi are inherently weak. Being negative defenses, if not substantiated by clear and convincing evidence, they would merit no weight in law and cannot be given greater evidentiary value than the testimony of credible witnesses who testified on affirmative matters. Positive identification of the appellant, when categorical and consistent and without any ill motive on the part of the eyewitnesses testifying on the matter, prevails over alibi and denial.

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People of the Philippines vs. John Happy Carag GR No. 211672, June 1, 2016; Third Division, Perez, J. Illegal Sale of Dangerous Drugs Carag was was caught in flagrante delicto in a legitimate buy-bust operation and convicted for violating Section 5, Article II of Comprehensive Dangerous Drugs Act of 2002. He assails that he was set up as the police asset’s cell phone was not fixed by his brother. Is he guilty? Yes. In prosecuting the illegal sale of dangerous drugs, the prosecution must establish the following elements: (1) the identity of the buyer and the seller, the object of the sale and the consideration; and (2) the delivery of the thing sold and payment. All of these were clearly established. The asset that allegedly has a grudge on Carag was not part of the buy-bust team. What is material is the proof that the sale actually took place and the presentation in court of the corpus delicti as evidence.

People of the Philippines vs. Delia Cabral, G.R. No. 207811, June 1, 2016, Third Division, Peralta, J. Large Scale Illegal Recruitment Cabral, using Southern Cohabite Landbase Management Corporation as a front, promised the 8 victims employment in Korea within 3 months after payment of placement fee of 75,000php. Not one was sent to Korea after paying the fee. Cabral was convicted of large scale illegal recruitment. Cabral insists that the prosecution failed to prove the elements of the crime charged and that her guilt has not been proven beyond reasonable doubt. Is she correct? No. The elements are: (1) the offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers (2) the offender undertakes any of the activities within the meaning of "recruitment and placement" under the Labor Code and (3) the offender committed the same against 3 or more persons, individually or as a group. All elements were present and were established beyond reasonable doubt.

Jorge Navarra vs. People of the Philippines, et.al. GR No. 203750, June 6, 2016; Third Division, Peralta, J. Intent is immaterial for Violation of BP 22 For being held criminally liable for violation of B.P. 22, Navarra set up the defense that the checks were not issued to apply for account or value but for a mere condition for possible restructuring of the corporation’s loan with HSBC. Will his defense prosper? No. Under B.P. 22, the mere act of issuing a worthless check is malum prohibitum; it is simply the commission of the act that the law prohibits, and not its character or effect, that determines whether or not the provision has been violated. Malice or criminal intent is completely immaterial. The law covers all types of checks; even those that were issued as a form of deposit or guarantee were held to be within its ambit.

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People of the Philippines vs. Quirino Cleofe GR No. 203458, June 6, 2016; Third Division, Peralta, J. Delay of Reporting Rape, not an element of Rape Quirino Cleofe was convicted of three counts of rape committed against his daughter. May the victim’s testimony be accorded with credibility despite the fact of her long-time of silence on the repeated rape incidents and the delay in reporting? Yes. There is no uniform behaviour that can be expected from those who had the misfortune of being sexually molested because a rape victim's actions are oftentimes overwhelmed by fear rather than by reason. Delay in reporting an incident of rape due to death threats does not affect the credibility of the complainant, nor can it be taken against her because the charge of rape is rendered doubtful only if the delay was unreasonable and unexplained. The direct, positive and categorical testimony of the prosecution witnesses in this case, absent any showing of ill-motive, prevails over the defense of denial.

People of the Philippines vs. Renato B. Suedad GR No. 211026, June 8, 2016; Third Division, Perez, J. Rape; Imposable Penalty The accused was charged with four counts of rape of his own 11-year old daughter and was found guilty on the three counts of rape by the lower court which imposed the death penalty. The CA affirmed the guilt of the accused but reduced the penalty to reclusion perpetua. The law provides that the death penalty is proper if rape is qualified by the circumstances of minority and relationship which was proven in this case. Was the CA correct in reducing penalty? Yes. The passage of Republic Act No. 9346 debars the imposition of the death penalty without declassifying the crime of qualified rape as heinous. Thus, the appellate correctly reduced the penalty from death penalty to reclusion perpetua for each count of rape.

People of the Philippines vs. Joan Sonjaco GR No. 196962, June 8, 2016; Third Division, Perez, J. Illegal Sale and Possession of Dangerous Drugs What are the elements required for illegal sale of dangerous drugs? For prosecution for illegal possession of dangerous drugs? a.

The prosecution must establish the following elements: proof that the transaction or sale took place; and the presentation in court of the corpus delicti or the illicit drug as evidence. The offense merely requires the consummation of the selling transaction which happens the moment the buyer receives the drug from the seller.

b.

On the other hand, to sustain a prosecution for illegal possession of dangerous drugs, the following elements must be established: the accused is in possession of an item or object identified to be a prohibited or a regulated drug; such possession is not authorized by law; and the accused freely and consciously possessed said drug.

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Mere possession of a prohibited drug constitutes prima facie evidence of knowledge or animus possidendi sufficient to convict an accused in the absence of any satisfactory explanation of such possession.

Jose Burgos, Jr. vs. Sps. Eladio SJ. Naval and Arlina B. Naval, and Amalia B. Naval GR No. 219468, June 8, 2016; First Division, Perlas-Bernabe, J. Real Party in Interest in Appeal of Criminal Cases A case for Estafa through Falsification of Public Documents filed against the Navals was dismissed by the RTC on the ground of prescription. Private complainant Burgos filed a certiorari petition before the CA which was dismissed for failure to implead the People as required by the Administrative Code of 1987. Was the CA correct? Yes. It is the OSG which possesses the requisite authority to represent the People in an appeal on the criminal aspect of a case. As Burgos’ certiorari petition was filed seeking for relief/s in relation to the criminal aspect of the case, it is necessary that the same be filed with the authorization of the OSG, which, by law, is the proper representative of the People, the real party in interest in the criminal proceedings.

People of the Philippines vs. Edgardo Cruz GR No. 200081, June 8, 2016; Third Division, Perez J. Qualified Theft The business manager of a tire store unlawfully appropriated the proceeds of the merchandises. Is he liable for qualified theft with grave abuse of confidence? Yes.The accused was entrusted to receive payments, issue receipts, and oversee all aspects pertaining to cash purchases and sale of merchandise of the business. By taking advantage of and gravely abusing the trust and confidence of Carlos, Cruz was able to appropriate the proceeds of the missing amounts for his personal benefit. Elements of Qualified Theft committed with grave abuse of confidence: 1. Taking of personal property; 2. Property belongs to another; 3. Taking be done with intent to gain; 4. Done without the owner’s consent; 5. Accomplished without the use of violence or intimidation against persons, nor of force upon things; 6. Done with grave abuse of confidence.

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People of the Philippines vs. Jay Gregorio y Amar, et al. GR. No. 194235, June 8,2016; First Division, Leonardo-De Castro, J. Kidnapping for Ransom The accused-appellants were found guilty by the lower court, and affirmed by the court of appeals, for the crime of kidnapping for ransom. On appeal, accused-appellants question the credibility of the prosecution’s witnesses and further argued that they cannot be guilty of said crime because the ransom was not recovered. Are they correct? NO. Basic is the rule that factual findings of trial courts, including their assessment of the witnesses' credibility, are entitled to great weight and respect by this Court, particularly when the Court of Appeals affirms the findings unless some facts and circumstances of weight and substance, having been overlooked or misinterpreted, might materially affect the disposition of the case. On the qualifying circumstance of extorting ransom: The purpose of the offender in extorting ransom is a qualifying circumstance which may be proved by his words and overt acts before, during and after the kidnapping and detention of the victim. Neither actual demand for nor actual payment of ransom is necessary for the crime to be committed. The failure to recover from accused appellants part of the ransom is immaterial, it being sufficient that motive for kidnapping, collection of ransom, was duly established.

People of the Philippines. vs. Michael Kurt John Bulawan Y Andales, GR No. 204441, June 8, 2016, Third Division, Perez, J. Illegal sale of Dangerous Drugs Accused gave to Officer de la Cerna, who was a poseur-buyer, a pack of dried marijuana. He was charged with unlawfully selling marijuana. Was accused guilty? No. It is material in illegal sale that the sale actually took place. What consummates the transaction is the delivery of the drugs to the poseur-buyer and, in turn, the seller’s receipt of the marked money. When Officer de la Cerna met the accused, he had no money prepared. He was shown the marijuana which he took and inspected before giving the signal for arrest. The prosecution claimed prior negotiation but was unable to prove the same. Consideration in the form of payment, as part of the sale, is needed to convict.

People of the Philippines vs. Manuel Rebanuel Nadera, GR No. 208475, June 8, 2016; First Division, Leonardo-De Castro, J. Elements of Statutory Rape Nine year old AAA testified that she watched a movie that evening with her sister at the “Beta House.” She later went outside to the back portion to urinate. As she was pulling up her panties, accused grabbed her and penetrated her. Accused interposed denial and alibi, saying he stayed in the Beta House between his son-in-law and nephew, without leaving his seat until the movie ended. Was accused guilty of statutory rape?

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Yes. The elements of statutory rape show that the subject of inquiry is the age of the woman and whether carnal knowledge took place. Prosecution established victim’s age. In rape cases the accused may be convicted based solely on the testimony of the victim, provided that testimony is credible and convincing. The defenses of alibi and denial are weak. Accused never established the physical impossibility for him to be present at the scene.

People of the Philippines vs. Manuel Rebanuel Nadera, GR No. 208475, June 8, 2016; First Division, Leonardo-De Castro, J. Statutory Rape Nine year old AAA testified that she watched a movie that evening with her sister at the “Beta House.” She later went outside to the back portion to urinate. As she was pulling up her panties, accused grabbed her and penetrated her. Accused interposed denial and alibi, saying he stayed in the Beta House between his son-in-law and nephew, without leaving his seat until the movie ended. Was accused guilty of statutory rape? Yes. The elements of statutory rape show that the subject of inquiry is the age of the woman and whether carnal knowledge took place. Prosecution established victim’s age. In rape cases the accused may be convicted based solely on the testimony of the victim, provided that testimony is credible and convincing. The defenses of alibi and denial are weak. Accused never established the physical impossibility for him to be present at the scene.

People of the Philippines vs. Mariano Oandasan, Jr. GR No. 194605, June 14, 2016, En Banc, Bersamin, J. Treachery in Murder A, B, C and D were drinking when X arrived and suddenly shot A. After hearing the gunshot, D run away from the crime scene. Upon returning, he saw A, B, and C lying on the ground. A and B died while C survived. The court convicted X for murder of A on the ground of treachery but only Homicide and frustrated-homicide for the B and C respectively. Is the court correct? No. The court should’ve convicted X for A and B’s murder and frustrated murder of C. The shooting of the three victims occurred in quick succession fully called for a finding of the attendance of treachery in the attacks against all the victims. They were unarmed, and did not expect to be shot when the accused shot them. What was decisive is that the execution of the attack made it impossible for the victims to defend themselves or to retaliate.

People of the Philippines vs. Loreto Sonido y Coronel GR No. 208646, June 15, 2016; Third Division, Perez, J. Absence of Injuries and Lacerations in Rape Cases In a prosecution for rape case, the accused argued that there was no rape committed because the medical examination did not show traces of injuries or lacerations. Is he correct?

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No. Hymenal lacerations are not an element of rape. In fact, medical examination is merely corroborative in character and is not an indispensable element for conviction in rape. Of primary importance is the clear, unequivocal and credible testimony of private complainant which we so find in the instant case. For carnal knowledge to take place, full penetration of the vaginal orifice is not an essential ingredient, nor is the rupture of the hymen necessary; the mere touching of the external genitalia by the penis capable of consummating the sexual act is sufficient to constitute carnal knowledge. To be precise, the touching of the labia majora or the labia minora of the pudendum by the penis constitutes consummated rape.

Virginia Jabalde y Jamandron vs. People of the Philippines GR No. 195224, June 15, 2016: Third Division, Reyes, J. Child Abuse under RA 7610 Jabalde was accused of slapping and striking Lin, a 7-year-old Grade 1 pupil, hitting him on his nape and thereafter choking Lin causing him injuries. However, the case records do not show that Jabalde intended to debase, degrade or demean the intrinsic worth and dignity of Lin as a human being. The RTC and CA found Jabalde guilty for violation of Section 10(a), Article VI of RA 7610. Jabalde questions the applicability of RA 7610 in her case. Is she correct? Yes. Jabalde is only liable for slight physical injuries under Article 266(2) of the RPC. Jabalde lacked the intent to debase, degrade or demean the intrinsic worth and dignity of the child as a human being as required in Section 10(a), Article VI of RA 7610 but her acts of laying hands against Lin showed the essential element of intent, a prerequisite in all crimes punishable under the RPC.

People of the Philippines vs. Dione Barberan and Dione Delos Santos, GR No. 208759, June 22, 2016; Third Division, Perez, J. Victim’s Testimony in Rape Trial Barberan and Delos Santos were charged and convicted of two counts of rape of AAA, a 13 year old. The trial court relied on the credible and positive declaration of the victim as against the alibi and denial of the accused. Was the court correct in relying on the testimony of the victim? Yes. It is settled rule that rape may be proven even by the lone uncorroborated testimony of the offended victim, as long as her testimony is clear, positive, and probable. In this case, the victim was able to sufficiently narrate with clarity the circumstances attending the crime from the time she was awaken when Barberan and Delos Santos entered her room and physically restrained her to successfully consummate carnal knowledge.

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People of the Philippines vs. Jaime Brioso @ Talap-Talap GR No. 209344, June 27, 2016; Third Division, Peralta, J. Elements of Statutory Rape Accused was charged with statutory rape. He claims that he should be acquitted because of the victim’s delayed reporting of the rape to her mother and her inconsistencies in her statements and actuations. Will his defense prosper? No. Statutory rape is committed when: the offended party is under twelve years old; and the accused has carnal knowledge of her, regardless of whether there was force, threat or intimidation, whether the victim was deprived of reason or consciousness, or whether it was done through fraud or grave abuse of authority. It is enough that the age of the victim is proven and that there was sexual intercourse Settled is the rule that youth and immaturity are generally badges of truth and sincerity. AAA's delay in reporting is insignificant; a rape victim's actions are oftentimes overwhelmed by fear rather than by reason.

People of the Philippines vs. Gilbert Caballero y Garsola, GR No. 210673, June 29, 2016; Third Division, Perez, J. Positive Identification by Eyewitness in Trial for Murder Gilbert was found guilty of murdering Judge Velasco on the strength of his positive identification by the Judge’s wife Bernadette as one of two persons who shot her husband. Is Gilbert correct in arguing that the police gave impermissible suggestions to Bernadette that led her to identify him as the perpetrator? No. Bernadette gave a clear and categorical testimony in identifying Gilbert as the perpetrator. Findings of the trial court on the credibility of witnesses are given a high degree of respect. Bernadette was able to categorically identify Gilbert in a police line-up with police officers and other guests of the police station. Positive identification where categorical and consistent and without any showing of ill motive on the part of the eyewitness testifying on the matter, prevails over a denial which, if not substantiated by clear and convincing evidence, is negative and selfserving evidence undeserving of weight in law.

Delia L. Belita, et al. vs. Antonio S. Sy, et al. GR No. 191087, June 29, 2016; Third Division, Perez, J. Last element of syndicated estafa under P.D 1689 Will P.D 1689 (syndicated estafa) only apply if the entity involved was a rural bank, cooperative, samahang nayon, or farmer’s association? No, P.D. 1689 does not distinguish the nature of the corporation. It requires, rather, that the funds of such corporation should come from the General public. The operative phrase is "funds of corporations should come from the general public.

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People of the Philippines vs. Cerilo "Iloy" Ilogon GR No. 206294, June 29, 2016; Division, Perez, J. Elements of Statutory Rape Accused was charged of statutory rape. Allegedly, he raped a six year old child. The Regional Trial Court convicted him and relied on the victim’s testimony. Was the RTC correct? Yes. To convict an accused of the crime of statutory rape, the prosecution should prove: the age of the complainant who must be below 12 years old; the identity of the accused; and the sexual intercourse between the accused and the complainant. Testimonies of child victims are given full weight and credit, for when a woman or a girlchild says that she has been raped, she says in effect all that is necessary to show that rape was indeed committed.

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