a collections of case digests and laws that can help aspiring law students to become a lawyer.
|
People vs. Salvador
G.R. No.201443, April 10, 2013 FACTS: On April 7, 2002, at around 7:30 p.m., Albert rode his Toyota Prado with Plate No. UTJ-112 and drove out of the Coliseum’s parking lot. Ahead was a white Honda Civic car, while behind was a Toyota Hi-Ace van. Upon reaching Imelda Avenue, the Hi-Ace overtook the Civic. Albert was about to follow suit, but the Hi-Ace suddenly stopped and blocked the Civic. Six men with long firearms alighted from the Hi-Ace. Jubert and Morey approached the Civic, which was just about two to two and a half meters away from Albert, pointed their guns at the driver, who turned out to be Pinky, and motioned for her to step out of the car and ride the Hi-Ace. Two men ran after the "watch-your-car" boy in a nearby parking lot, but Albert no longer noticed if the two still returned to the Hi-Ace. Roger and Robert came near the Prado and gestured for Albert to likewise alight from the vehicle and ride the Hi-Ace. Albert and Pinky were handcuffed together and made to wear dark sunglasses. The men took Albert’s wallet containing Php9,000.00, his driver’s license and other documents. They also took his Patek Philippe watch which costs Php400,000.00. Albert and Pinky stayed in the house and were fed food mostly bought from Jollibee until they were rescued on April 12, 2002. Albert and Pinky were brought to Camp Crame between 8:00 a.m. and 9:00 a.m. of April 12, 2002. Some time after lunch, a police line-up with about 15 men was presented. Albert identified seven persons, to wit, Marcelo, Ricky, Jubert, Morey, Jose, Robert and Roger, as among his abductors. Around an hour later, Betty arrived and introduced herself as the owner of the house. She inquired why the police officers were shooting at her house. She was invited by the police to Camp Crame to answer queries anent why a crime was committed in her house. While in Camp Crame, Albert and Pinky identified her as the person who brought them food while they were detained in the safehouse. Betty was thus arrested. ISSUE: Whether or not the accused-appellants conspired in the commission of the crime. Held: Yes. The SC believes that the Court of Appeals correctly found that the essential elements comprising the crime of kidnapping for ransom were present and that the accused-appellants conspired in its commission. In the case at bar, Monico’s assistance extended to Albert when the latter descended the basement stairs and Betty’s visit to the safehouse to bring food could not automatically be interpreted as the acts of principals and conspirators in the crime of kidnapping for ransom. In a conspiracy to commit the crime of kidnapping for ransom, the place where the victim is to be detained is logically a primary consideration. In the case of Betty and Monico, their house in Lumbang Street, Amparo Subdivision has a basement. It can be reasonably inferred that the house fitted the purpose of the kidnappers. Albert's detention was accomplished not solely by reason of the restraint exerted upon him by the presence of guards in the safehouse, but by the circumstance of being put in a place where escape became highly improbable. In other words, Betty and Monico were indispensable in the kidnapping of Albert because they knowingly and purposely provided the venue to detain Albert. The spouses' ownership of the safehouse, Monico's presence therein during Albert's arrival on the evening of April 7, 2002 and Betty's visits to bring food reasonably indicate that they were among those who at the outset planned, and thereafter concurred with and participated in the execution of the criminal design.
0 Comments
People vs. Rubiso
G.R. No.128871, March 18, 2003 Facts: On November 6, 1992, According to the accused, while he was welding a tiller Serafin Hubines, Jr. passed by and kicked it. When he confronted appellant, the latter asked, "Why, do you want to fight?" Then Hubines boxed appellant on his chest. He fell down on a sitting position. At that point, Hubines pulled his gun. Appellant immediately stood up and held Hubines’ hands. They grappled for its possession and both fell on the ground. Then the gun exploded. According to appellant, he was not sure who "caused" the shot. He noticed that many people approached them. Appellant lied down on his stomach and covered his ears. That was the time he heard three or more shots. He stood up and saw Hubines lying on the ground full of blood. He walked a few steps and met PO3 Danilo Opong. Appellant told the latter that he was only defending himself. Patrolman Opong then arrested him and brought him to the Pavia Police Station for investigation. Meanwhile, Romeo Zuspa, a worker in the compound, took the firearm and gave it to Patrolman Opong who, in turn, "surrendered" it to his station. Issue: Whether or not the lower court erred in finding that accused failed to prove by clear and convincing evidence the elements of self-defense despite the fact that the accused proved the three elements of self-defense. Held: No. To successfully claim self-defense, the accused must prove the existence of the following: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed by the person being attacked to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself. Unlawful aggression is a condition sine qua non for the justifying circumstance of self- defense. It contemplates an actual, sudden and unexpected attack, or imminent danger thereof, and not merely a threatening or intimidating attitude. The person defending himself must have been attacked with actual physical force or with actual use of weapon. Appellant insists that when the victim pulled out his gun, both grappled for its possession. They fell and there were bursts of gunfire. He must have killed the victim but he was only defending himself. Assuming that Hubines had a gun and pulled it, however, records show that he did not manifest any aggressive act which may have imperiled the life and limb of herein appellant. It is axiomatic that the mere thrusting of one’s hand into his pocket as if for the purpose of drawing a weapon is not unlawful aggression. Even the cocking of a rifle without aiming the firearm at any particular target is not sufficient to conclude that one’s life was in imminent danger. Hence, a threat, even if made with a weapon, or the belief that a person was about to be attacked, is not sufficient. It is necessary that the intent be ostensibly revealed by an act of aggression or by some external acts showing the commencement of actual and material unlawful aggression. Another factor which militates against appellant’s claim of self-defense is the nature and number of wounds suffered by the victim. Further, the location and presence of gunshot wounds on the body of the victim eloquently refute appellant’s allegation of self-defense. It is an oft repeated rule that the presence of a large number of wounds, their location and their seriousness would negate self-defense. Instead, they indicate a determined effort to kill. The appellant was found guilty beyond reasonable doubt of the crime of murder. People vs. Recto
G.R. No.129069, October 17, 2001 Facts: On April 18, 1994, early afternoon, while SPO4 Rafol and SPO1 Male were leaving the premises, the group of appellant Julio Recto arrived. Barangay Captain Orbe advised them not to create trouble, but Dante Regis pulled a piece of wood and threw it towards them. Thereafter, appellant Recto, while holding a balisong or fan knife, approached Barangay Captain Orbe. The latter responded by telling the former to surrender the balisong. Appellant stepped backward, opened his jacket and pulled out a gun. Upon seeing the gun, Barangay Captain Orbe retreated, while Barangay Kagawad Antonio Macalipay stepped forward with both arms raised and uttered the words: 'Do not do it. We'll just settle this.' Julio Recto, however, immediately pulled the trigger, hitting Barangay Kagawad Macalipay, causing him to fall down on the ground. Then Cornelio Regis, Jr. approached the fallen Macalipay and flipped his bolo at the latter who rolled and fell into the rice paddy. Melchor Recto saw the shooting from his hiding place behind a concrete pillar. He then ran inside the old dilapidated bathroom of the bodega. Barangay Captain Orbe also followed. Inside the bathroom, Melchor Recto peeped through the window and saw appellant Recto fire his gun at Emilio Santos. Santos also fired his revolver at appellant and later, turned around and crawled. While crawling, Santos fired another shot towards Regis, Jr., but the latter was able to reach and hack the former with a bolo. When Melchor could no longer see Julio Recto, he jumped out of the bathroom window and ran. While running, Julio Recto shot him hitting the latter's thigh. Barangay Captain Orbe also got out of the bathroom through the top and landed onto the ricefield. Before he could take a step, he was also shot by appellant Julio Recto at his right elbow, but was still able to continue running and cross the southern portion of the ricefield. He caught up with the wounded Melchor Recto and both went their separate ways. On the other hand, both Barangay Kagawad Antonio Macalipay and Emiliano 'Renato' Santos died due to multiple wounds inflicted on them by herein appellant. Issue: Whether or not the lower court erred in finding the accused-appellant guilty of direct assault in Criminal Case Nos. 1970 and 1972 which accordingly resulted in his being convicted of complex crimes in those cases Held: Yes. First, in Criminal Case No. 1970. Direct assault, a crime against public order, may be committed in two ways. One of which is by any person or persons who, without a public uprising, "shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance.” One way to aggravate this mode is when the offender lays a hand upon a person in authority. In this case, Melchor Recto was clearly an agent of a person in authority. Unquestionably, he was a barangay chief tanod; however, at the crime scene he was a mere bystander. Apparently, he was not acting and had no occasion to act in the performance of his official duties that afternoon. Thus, the attack on him did not amount to direct assault. Thus, appellant's liability amounted only to attempted, not frustrated, homicide. Appellant shall be convicted of attempted homicide. Second, in Criminal Case No. 1972. The court erred in finding the presence of the qualifying circumstance of treachery. Evidently, the victim had all the opportunity to escape or defend himself from the aggression that was to ensue, yet chose not to grab the opportunity and instead placed himself in a position more open to attack. Equally important, his vulnerable position had not been deliberately sought by appellant. It was thrust on the latter by the former himself. In short, appellant did not deliberately choose the mode of attack to kill the victim with impunity and without risk to himself. Absent treachery, the killing is homicide, not murder. Appellant shall be convicted of qualified direct assault with homicide aggravated by the use of a weapon. People vs. Real
G.R. No.93436, March 24, 1995 Facts: On March 17, 1978, at around 9:00 a.m., in the public market of Aroroy, Masbate, appellant and Edgardo Corpus, both vendors, engaged in a heated argument over the right to use the market table to display their fish. The two protagonists momentarily kept their peace but after awhile Corpus raised his voice again and said something to appellant. When Corpus kept on walking to and fro near the disputed fish table, appellant started to sharpen his bolo while murmuring to himself. Once Corpus turned around with his back towards appellant, the latter hacked him on the nape. The blow caused Corpus to collapse. He was rushed to a medical clinic. Appellant admitted hacking Corpus but claimed that he did so out of humiliation and anger when the victim threw his fish in the presence of so many people. After trial, the court convicted appellant and sentenced him to suffer the penalty of reclusion perpetua and to pay the heirs of the victim the sum of P30,000.00 and costs. Hence, this appeal. Issue: Whether or not the trial court and the Solicitor General are in error when they held that the attendant aggravating circumstance was reiteracion and not reincidencia Held: Yes. In recidivism or reincidencia, the offender shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code. In reiteracion, the offender shall have been punished previously for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. Unlike in reincidencia, the offender in reiteracion commits a crime different in kind from that for which he was previously tried and convicted. Appellant was previously convicted of ill-treatment by deed (Revised Penal Code, Article 266, Title Eight) and grave threats (Revised Penal Code, Article 282, Title Nine). He was convicted of homicide in the instant criminal case (Revised Penal Code, Article 249, Title Eight). Inasmuch as homicide and ill- treatment by deed fall under Title Eight, the aggravating circumstance to be appreciated against him is recidivism under Article 14[g] rather than reiteracion under Article 14 (10) of the Revised Penal Code. There is no reiteracion because that circumstance requires that the previous offenses should not be embraced in the same title of the Code. Appellant is therefore convicted of homicide, appreciating in his favor the mitigating circumstance of passion and obfuscation, which is offset by the aggravating circumstance of recidivism. People vs. PO3 Fallorina
G.R. No.137347, March 04, 2004 Facts: On September 26, 1998, at around 2:30 p.m., Vincent asked permission from his mother Felicisima if he could play outside. Together with his playmate Whilcon "Buddha" Rodriguez, Vincent played with his kite on top of the roof of an abandoned carinderia beside the road in Sitio Militar, Barangay Bahay Toro. Beside this carinderia was a basketball court, where fourteen-year-old Ricardo Salvo and his three friends, nicknamed L.A., Nono and Puti, were playing backan, a game of basketball. Ricardo knew that the appellant abhorred children playing on the roof of the carinderia and berated them for it. His friend Ong-ong had previously been scolded by the appellant for playing on the roof. Ricardo called on Vincent and Whilcon to come down from the roof. When the appellant saw Vincent and Whilcon, the former stopped his motorcycle and shouted at them, "Putang inang mga batang ito, hindi kayo magsibaba d'yan!" After hearing the shouts of the appellant, Whilcon immediately jumped down from the roof. Vincent, meanwhile, was lying on his stomach on the roof flying his kite. When he heard the appellant's shouts, Vincent stood up and looked at the latter. Vincent turned his back, ready to get down from the roof. Suddenly, the appellant pointed his .45 caliber pistol towards the direction of Vincent and fired a shot. Vincent was hit on the left parietal area. He fell from the roof, lying prostrate near the canal beside the abandoned carinderia and the basketball court. Issue: Whether or not the appellant is exempt from criminal liability with his affirmative defense that the victim's death was caused by his gun accidentally going off, the bullet hitting the victim without his fault or intention of causing it Held: No. Under Article 12, paragraph 4 of the Revised Penal Code, the basis for the exemption is the complete absence of intent and negligence on the part of the accused. For the accused to be guilty of a felony, it must be committed either with criminal intent or with fault or negligence. In this case, the appellant failed to prove his defense. First, when the investigating prosecutor propounded clarificatory questions on the appellant relating to the pictures, the latter refused to answer. Second, the appellant did not see what part of the gun hit the victim. There is no evidence showing that the gun hit a hard object when it fell to the ground, what part of the gun hit the ground and the position of the gun when it fell from the appellant's waist. Third, the appellant admitted that even if he pulled hard on the trigger, the gun would not fire if the hammer is moved backward with the safety lock in place. Fourth, the gun accidentally dropped on the cemented floor of the courtroom and the gun did not fire and neither was the safety lock moved to its unlock position to cause the hammer of the gun to move forward. Fifth, after the shooting, the appellant refused to surrender himself and his service firearm. He hid from the investigating police officers and concealed himself in the house of his friend. The conduct of the appellant after the shooting belies his claim that the death of the victim was accidental and that he was not negligent. As a police officer, it is hard to believe that he would choose to flee and keep himself out of sight for about three (3) days if he indeed was not at fault. The appellant even uttered invectives at the victim and Whilcon before he shot the victim. In fine, his act was deliberate and intentional. People vs. Pantoja
G.R. No.223114, November 29, 2017 Facts: On July 22, 2010, at around 8:00 o'clock in the morning, Cederina and Pantoja-the accused-appellant were inside their house. She kept an eye on him from time to time but, eventually, she noticed that accused-appellant was gone. She went outside to look for him and noticed that the front door of the house where six-year-old AAA resided was open. She entered the house and, sensing that the cry emanated from upstairs, she went up. Cederina then saw accused-appellant holding a knife and the victim sprawled on the floor, bloodied. She took the knife from him and asked him what happened. He did not respond and appeared dazed. She took him downstairs and out of the house where she called out for help for the victim. Nobody responded, until she saw Glenda, who immediately ran to their house when Cederina told her that her son AAA had been hurt. After a while, barangay officials arrived and brought the accused-appellant with them. Cederina later learned that the victim had died. Issue: Whether or not the accused-appellant must be exempt from criminal liability on the grounds of insanity Held: No. While insanity is one of the exempting circumstances enumerated in Article 12 of the Revised Penal Code (RPC), the courts have established a more stringent criterion for insanity to be exempting as it is required that there must be a complete deprivation of intelligence in committing the act, i.e., the accused is deprived of reason; he acted without the least discernment because there is a complete absence of the power to discern, or that there is a total deprivation of the will. For the defense of insanity to prosper, two (2) elements must concur: (1) that defendant's insanity constitutes a complete deprivation of intelligence, reason, or discernment; and (2) that such insanity existed at the time of, or immediately preceding, the commission of the crime. The proof proffered by accused-appellant is insufficient to sustain his defense of insanity. The accused-appellant’s seemingly odd behavior of repeatedly going in and out of the house in the days prior to the incident does not, in any way, demonstrate his insanity. For purposes of exemption from criminal liability, mere behavioral oddities cannot support a finding of insanity unless the totality of such behavior indubitably shows a total absence of reason, discernment, or free will at the time the crime was committed. In addition, prior confinement at a mental institution does not, by itself, constitute proof of insanity at the time of the commission of the crime. The accused-appellant’s insanity was clearly not continuous, he had lucid intervals. Consequently, it is presumed that he was sane, or was in a lucid interval, at the time he committed the crime. Further, the fact that he was able to escape unnoticed from the institution and to return home by himself is indicative of reasonable intelligence and free will merely a week before the commission of the crime. People vs. Pacificador
G.R. No.139405, March 13, 2001 Facts: That on or about and during the period from December 6, 1975 to January 6, 1976, in Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, Arturo Pacificador, then Chairman of the Board of the National Shipyard and Steel Corporation, a government-owned corporation, and therefore, a public officer, and Jose T. Marcelo, Jr., then President of the Philippine Smelters Corporation, a private corporation, conspiring and confederating with one another and with other individuals, did then and there, willfully, unlawfully and knowingly, and with evident bad faith promote, facilitate, effect and cause the sale, transfer and conveyance by the National Shipyard and Steel Corporation of its ownership and all its titles, rights and interests over parcels of land in Jose Panganiban, Camarines Norte where the Jose Panganiban Smelting Plant is located including all the reclaimed and foreshore areas of about 50 hectares to the Philippine Smelters Corporation by virtue of a contract, the terms and conditions of which are manifestly and grossly disadvantageous to the Government as the consideration thereof is only P85,144.50 while the fair market value thereof at that time was P862,150.00 thereby giving the Philippine Smelters Corporation unwarranted benefits, advantages and profits and causing undue injury, damage and prejudice to the government in the amount of P777,005.50. Respondent, and his erstwhile co-accused, Marcelo were charged before the Sandiganbayan with the crime of violation of Republic Act (R.A.) No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act. Petitioner contends that, contrary to the ruling of the Sandiganbayan, the provision of Act No. 3326 on prescription of offenses punishable under special laws is not applicable to the instant criminal case for the reason that R.A. No. 3019 provides for its own prescriptive period. Section 11 thereof provides that offenses committed and punishable under the said law shall prescribe in fifteen (15) years. Issue: Whether or not the fifteen-year prescriptive period shall be applied in this case Held: No. Section 11 of R.A. No. 3019, as amended by Batas Pambansa Bilang (B.P. Blg.) 195, provides that the offenses committed under the said statute shall prescribe in fifteen (15) years. It appears however, that prior to the amendment of Section 11 of R.A. No. 3019 by B.P. Blg. 195 which was approved on March 16, 1982, the prescriptive period for offenses punishable under the said statute was only ten (10) years. The longer prescriptive period of fifteen (15) years, as provided in Section 11 of R.A. No. 3019 as amended by B.P. Blg. 195, does not apply in this case for the reason that the amendment, not being favorable to the accused (herein private respondent), cannot be given retroactive effect. Hence the crime prescribed on January 6, 1986 or ten (10) years from January 6, 1976. People vs. Macaspac
G.R. No.198954,February 22, 2017 Facts: On July 7, 1988, Macaspac was having drinks with Ricardo Surban, Dionisio Barcomo, Jimmy Reyes, and Jebulan on Pangako Street, Bagong Barrio, Caloocan City. In the course of their drinking, an argument ensued between Macaspac and Jebulan. It became so heated that, Macaspac uttered to the group: Hintayin nyo ako d'yan, wawalisin ko kayo, and then left. After around three minutes Macaspac returned wielding a kitchen knife. He confronted and taunted Jebulan, saying: Ano? Jebulan simply replied: Tama na. At that point, Macaspac suddenly stabbed Jebulan on the lower right area of his chest, and ran away. Surban and the others witnessed the stabbing of Jebulan. The badly wounded Jebulan was rushed to the hospital but was pronounced dead on arrival. The case was archived for more than 15 years because Macaspac had gone into hiding and remained at large until his arrest on July 28, 2004. Upon his arraignment on August 31, 2004, he pleaded not guilty to the foregoing information. Issue: Whether or not evident premeditation must be appreciated in the case instead of treachery Held: No. The requisites for the appreciation of evident premeditation are: (1) the time when the accused determined to commit the crime; (2) an act manifestly indicating that the accused had clung to his determination to commit the crime; and (3) the lapse of a sufficient length of time between the determination and execution to allow him to reflect upon the consequences of his act. The first and second elements of evident premeditation were thereby established, but the third requisite is absent in this case; such that by quickly returning to the group with the knife, Macaspac let no appreciable time pass to allow him to reflect upon his resolve to carry out his criminal intent. It was as if the execution immediately followed the resolve to commit the crime. Accordingly, we cannot appreciate the attendance of evident premeditation in the killing. Without the Prosecution having sufficiently proved the attendance of either treachery or evident premeditation, Macaspac was guilty only of homicide for the killing of Jebulan. People vs. Jugueta
G.R. No.202124, April 05, 2016 Facts: On June 06, 2002, The family of Norberto Divina were all lying down side by side about to sleep at around 9:00 o’clock in the evening, when suddenly their wall made of sack was stripped off by accused-appellant Ireneo Jugueta, Roger San Miguel and Gilberto Alegre. They ordered him to go out of their house and when he refused despite his plea for mercy, they fired at them having hit and killed his two daughters. The family of Norberto Divina were unarmed and his children were at very tender ages. Mary Grace Divina and Claudine who were shot and killed were 13 years old and 3 1⁄2 years old respectively. The Court finds accused-appellant guilty beyond reasonable doubt for double murder defined and punished under Article 248 of the Revised Penal Code and is hereby sentenced to suffer reclusion perpetua for the death of Mary Grace Divina and to indemnify her heirs in the amount of Php50,000.00 and another to suffer reclusion perpetua for the death of Claudine Divina and accused is further ordered to indemnify the heirs of Claudine Divina in the sum of Php50,000.00. In addition, he is hereby ordered to pay the heirs of the victims actual damages in the amount of Php16,150.00 and to pay for the costs.Aggrieved by the trial court's and Court of Appeal’s judgments, appellant appealed to the Supreme Court. Hence, this appeal Issue: Whether or not the lower court imposed proper award of damages on the accused-appellant Held: No. The lower court failed to take into account dwelling as an ordinary aggravating circumstance. In view of the attendant ordinary aggravating circumstance, the Court must modify the penalties and award of damages imposed on accused-appellant. In the case at bar, the crimes were aggravated by dwelling, and the murders committed were further made atrocious by the fact that the victims are innocent, defenseless minors – one is a mere 31⁄2-year-old toddler, and the other a 13-year-old girl. The increase in the amount of awards for damages is befitting to show not only the Court's, but all of society's outrage over such crimes and wastage of lives.
People vs. Glino G.R. No.173793, December 04, 2007 Facts: At around 7:20 p.m., On November 15, 1998, Spouses Domingo and Virginia Boji hailed a passenger jeepney and sat on the two remaining vacant seats on opposing rows of the jeepney. Moments later, the woman seated next to Virginia alighted. Accused-appellant Conrado Glino took her place. He was reeking of liquor. As the jeepney ran its normal route, Virginia noticed accused-appellant inching closer to her. His head eventually found its way on Virginia's shoulder. Irked, Virginia sought accused-appellant's attention and asked him to sit properly, citing adequate space. Accused-appellant angrily replied, "Oh, kung ayaw mong may katabi, bumaba ka, at magtaxi ka!" Virginia decided to ignore his snide remarks. After the heated verbal tussle, accused-appellant and Baloes appeared to have calmed down, confining themselves to whispering to one another. When the jeepney approached Casimiro Village, Baloes turned to the driver and told him that he and Glino were about to alight. As the jeepney ground to a halt, Baloes unexpectedly drew an improvised knife and stabbed Domingo in the chest. Accused-appellant then unfolded a 29-inch Batangas knife and joined Baloes in stabbing Domingo. Surprised and shocked at the sudden attack, Domingo failed to offer any form of resistance to the duo's vicious assault. Virginia tried vainly to shield Domingo from his assailants. She tightly embraced Domingo. Virginia's efforts, however, all went for naught as accused- appellant Glino and Baloes were unrelenting. When the senseless assault ceased, Virginia found herself bloodied from incised wounds in her fingers. Issue: 1.Whether or not Glino must have a lower penalty because it was Baloes who stabbed Domingo 2.Whether or not accused-appellant is guilty of homicide and attempted homicide only, not murder and attempted murder, due to the absence of the qualifying circumstance of treachery Held: 1. No. Even assuming, for the nonce, that it was Baloes who inflicted the fatal stab, accused- appellant cannot escape culpability. There is conspiracy when two or more persons come to an agreement concerning the commission of a crime and decide to commit it. Proof that accused acted in concert, each of them doing his part to fulfill the common design to kill the victim will suffice to support a conviction. In conspiracy, it matters not who among the accused actually killed the victim. The act of one is the act of all; hence, it is not necessary that all the participants deliver the fatal blow. Tersely put, each of the accused will be deemed equally guilty of the crime committed. The acts of Glino and Baloes before, during and after the killing of Domingo are indicative of a joint purpose, concerted action and concurrence of sentiment. 2. No. Treachery or alevosia’s presence is incontrovertible. The essence of this qualifying circumstance is the sudden and unexpected attack by the assailant on an unsuspecting victim, depriving the latter of any real chance to defend himself. The attack was executed in a manner that the victim was rendered defenseless and unable to retaliate. Concededly, Domingo was caught unaware that an attack was forthcoming. Although he had a verbal exchange with accused-appellant and Baloes, the assault was sudden, swift and unexpected. All of the passengers inside the jeepney, including Domingo, thought all along that the tension had ceased and that Glino and Baloes were about to alight. People vs. Deliola
G.R. No.200157, August 31, 2016 Facts: Sometime in the month of June, 2002 and on or about the 1st day of July 2002, in the Municipality of Manapla, Province of Negros Occidental, Philippines, accused, Deliola, 15 years old, with the use of a bladed weapon, through force, threat and intimidation, with the attendant qualifying aggravating circumstances of relationship and minority, the accused being the uncle of herein victim who was less than eighteen years of age, did then and there, willfully, unlawfully and feloniously have carnal knowledge of one MMM, a minor, 11 years old, against her will, to the damage and prejudice. Afraid of accused appellant's threats of killing her, MMM kept mum and did not disclose to anyone the tragedy that happened to her. MMM' s grandmother noticed that there was something unusual in the way MMM was walking. This prompted her to confront MMM. Upon learning of what happened to MMM, the victim's aunt, brought the former to the Municipal Health Office of Manapla, Negros Occidental for examination, and thereafter to the police authorities, before whom the victim executed her sworn statement. Issues: 1) Whether or not the minor accused-appellant shall be held criminally liable for the crime 2) Whether or not the accused-appellant shall be confined in a regular penal institution Held: 1. Yes. The Supreme Court in A.M. No. 02-l-18- SC49 defined the age of criminal responsibility as the age when a child, 15 years and one (1) day old or above but below 18 years of age, commits an offense with discernment. In this case, that the accused-appellant acted with discernment when he raped the victim as demonstrated by the following surrounding circumstances: (1) the victim was a helpless minor; (2) accused-appellant secured the consummation of the offense with a weapon; (3) he satisfied his lust by penetrating the victim from behind; and (4) he threatened the victim not to report what happened. Accused-appellant shall be criminally liable for the crime of Qualified Statutory Rape. 2. No. Due to the accused-appellant’s age when the crime was committed, the privileged mitigating circumstance of minority should be appreciated; thus, the penalty next lower in degree than that prescribed by law shall be imposed. In accordance with the controlling jurisprudence on the matter, the penalty of death is still the penalty to be reckoned with. Thus, the ruling of the lower courts was affirmed and impose upon accused-appellant the penalty of reclusion perpetua. Although it is acknowledged that accused-appellant was qualified for suspension of sentence when he committed the crime, Section 40 of R.A. 9344 provides that the same extends only until the child in conflict with the law reaches the maximum age of 21 years old.
People vs. Campuhan G.R. No. 129433, March 20, 2000 FACTS: On April 25,1996, Ma. Corazon P. Pamintuan, mother of four (4)-year old Crysthel Pamintuan, went down from the second floor of their house to prepare chocolate drinks for her two (2) children. At the ground floor she met Primo Campuhan, the accused who was then busy filling small plastic bags with water to be frozen into ice in the freezer located at the second floor. Primo was a helper of Conrado Plata Jr., brother of Corazon. As Corazon was busy preparing the drinks, she heard one of her daughters cry, "Ayo'ko, ayo'ko!" prompting Corazon to rush upstairs. Thereupon, she saw Primo Campuhan inside her children's room kneeling before Crysthel whose pajamas or "jogging pants" and panty were already removed, while his short pants were down to his knees. As seen by Corazon, Primo was forcing his penis into Crysthel's vagina. Horrified, she cursed the accused, "P - t - ng ina mo, anak ko iyan!" and boxed him several times. He evaded her blows and pulled up his pants. He pushed Corazon aside when she tried to block his path. Corazon then ran out and shouted for help thus prompting her brother, a cousin and an uncle who were living within their compound, to chase the accused. Seconds later, Primo was apprehended by those who answered Corazon's call for help. They held the accused at the back of their compound until they were advised by their neighbors to call the barangay officials instead of detaining him for his misdeed. Physical examination of the victim yielded negative results. No evident sign of extra-genital physical injury was noted by the medico-legal officer on Crysthel's body as her hymen was intact and its orifice was only 0.5 cm. in diameter. ISSUE: Whether or not accused is guilty of consummated statutory rape. RULING: No. Accused is guilty of attempted rape and be sentenced to an indeterminate prison term of 8 years 4 months and 10 days of prision mayor as minimum, to 14 years 10 months and 20 days of reclusion temporal medium as maximum. Under Art. 6, in relation to Art. 335, of the Revised Penal Code, rape is attempted when the offender commences the commission of rape directly by overt acts, and does not perform all the acts of execution which should produce the crime of rape by reason of some cause or accident other than his own spontaneous desistance. All the elements of attempted rape — and only of attempted rape — are present in the instant case, hence, the accused should be punished only for it. People vs. Barde
G.R. No.183094, September 22, 2010 Facts: Around 12:00 midnight on April 15, 1999, Elmer, who was only more or less three (3) meters away from the appellant, saw the latter get a rounded object from his belt bag, which he believed to be a hand grenade as he has previously seen one from military men when he was in Manila. Later, appellant pulled something from that rounded object, rolled it to the ground towards the center of the dancing place where the people were dancing, and left immediately. Five seconds thereafter, the rounded object exploded. At that moment, appellant was already one-half meter away from the gate of the dancing place. The lights went off, people scampered away, and many died and were seriously injured as a result of the said explosion. Hence, this appeal on the decision of the Court of Appeals which affirmed with modifications, the decision of the Regional Trial Court (RTC) finding herein appellant Reynaldo Barde guilty beyond reasonable doubt of the complex crime of multiple murder with multiple frustrated murder. Issue: Whether or not the trial court properly imposed the penalty of reclusion perpetua for the complex crime of murder committed by the appellant, per Article 48 of the Revised Penal Code Held: Yes. Article 48 of 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 shall be imposed, the same to be applied in its maximum period.” A complex crime is committed when a single act constitutes two or more grave or less grave felonies. Appellant’s single act of detonating an explosive device may quantitatively constitute a cluster of several separate and distinct offenses, yet these component criminal offenses should be considered only as a single crime in law on which a single penalty is imposed because the offender was impelled by a single criminal impulse which shows his lesser degree of perversity. Thus, applying the aforesaid provision of law, the maximum penalty for the most serious crime, which is murder, is death. Pursuant, however, to Republic Act No. 9346 which prohibits the imposition of the death penalty, the appellate court properly reduced the penalty of death, which it previously imposed upon the appellant, to reclusion perpetua People vs. Baldogo
G.R. No.128106, January 24, 2003 Facts: Julio Camacho, Sr. and his wife had four children, which include a fourteen-year old Jorge and twelve-year old Julie. He and his family lived in a compound inside the sub-colony. Accused-appellant and Bermas, inmates of the penal colony, were assigned as domestic helpers of the Camacho family. One evening on February 22, 1996, accused-appellant and Bermas served dinner in the house of the Camachos. Afterwards, Julio Sr. left the house. Only Jorge and Julie were left in the house. Momentarily after Julio Sr. had left, Julie was perturbed when she heard a loud sound. This prompted Julie to stand up and run to the kitchen. She was appalled to see Jorge sprawled on the ground near the kitchen, face down and bloodied. Standing over Jorge were accused-appellant and Bermas, each armed with a bolo. The accused-appellant overtook Julie, tied her hands at her back and placed a piece of cloth in her mouth to prevent her from shouting for help. The three then proceeded to climb the mountain. The moment when Bermas and accused-appellant had left, Julie decided to return to the lowlands and sought help from a certain Nicodemus who turned over Julie to police officers. The trial court convicted accused-appellant of murder with the aggravating circumstance of evident premeditation, abuse of superior strength, and recidivism. Issue: Whether or not the trial court erred in appreciating the aggravating circumstance of evident premeditation, taking advantage of superior strength, and quasi-recidivism Held: Yes. While the Court agrees that accused-appellant is guilty of murder, it does not agree with the rulings of the trial court that the crime was qualified by evident premeditation and abuse of superior strength. A finding of evident premeditation cannot be based solely on mere lapse of time from the time the malefactor has decided to commit a felony up to the time that he actually commits it. In this case, the prosecution failed to prove evident premeditation. The barefaced fact that accused-appellant and Bermas hid the bag containing their clothing under a tree not constitute clear evidence that they decided to kill Jorge and kidnap Julie. It is possible that they hid their clothing therein preparatory to escaping from the colony. Hence, abuse of superior strength cannot be deemed to have attended the killing of Jorge. What is clear is that the killing of Jorge was qualified by treachery. The Court has previously held that the killing of minor children who by reason of their tender years could not be expected to put up a defense is attended by treachery. Furthermore, quasi-recidivism as defined in Article 160 of the Revised Penal Code is alleged. In the present case, the prosecution adduced in evidence merely the excerpt of the prison record of accused-appellant showing that he was convicted of homicide by the trial court with a penalty which he was serving at the penal colony. The excerpt of the prison record is not the best evidence under Section 3, Rule 130 of the Revised Rules of Court, said excerpt is merely secondary or substitutionary evidence which is inadmissible, absent proof that the original of the judgment had been lost or destroyed or that the same cannot be produced without the fault of the prosecution. Therefore, the aggravating circumstance of quasi- recidivism cannot be appreciated in this case. People vs. Adriano
G.R. No. 205228, July 15, 2015 FACTS: In March of 2007 in Nueva Ecija, Rolly Adriano, with his three others, overtook a policecar and a maroon Honda CRV. With intent to kill, treachery, and abuse of superior strength, willfully shot Danilo Cabiedes, the driver of CRV, resulting from his instant death. The shooting incident caused a bystander, Ofelia Bulanan, to be hit by a stray bullet and eventually die. Two policemen was able to trace the car used in the incident and ended up arresting Adriano. RTC found accused Rolly Adriano guilty beyond reasonable doubt of Murder, as charged, for the death of Danilo Cabiedes, and also guilty beyond reasonable doubt of Homicide, as charged, for the death of Ofelia Bulanan. CA affrimed the decision of RTC. ISSUE: Whether or not Adriano is responsible for the death of Ofelia Bulanan, a bystander. RULING: YES. Evidently, 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. This is the import of Article 4 of the Revised Penal Code, pursuant to the doctrine of aberratio ictus, which imposes criminal liability for the acts committed in violation of law and for all the natural and logical consequences resulting therefrom. While it may not have been Adriano’s intention to shoot Bulanan, this fact will not exculpate him. Bulanan’s death caused by the bullet fired by Adriano was the natural and direct consequences of Adriano’s felonious deadly assault against Cabiedes. Nacnac vs. People G.R. No.191913, March 21, 2012 Facts: On February 20, 203, Petitioner, the victim and a number of other police officers were on duty. Petitioner, being the highest ranking officer during the shift, was designated the officer-of-the-day. In the evening, the victim, together with then SPO1 Basilio, took the patrol tricycle from the station grounds. When petitioner saw this, he stopped the victim and his colleague from using the tricycle. The victim told petitioner that he (the victim) needed it to go to Laoag City to settle a previous disagreement with a security of a local bar. Petitioner still refused. He told the victim that he is needed at the station and, at any rate, he should stay at the station because he was drunk. This was not received well by the victim. He told petitioner in Ilocano: "Iyot ni inam kapi" (Coitus of your mother, cousin!). The victim alighted from the tricycle. SPO1 Basilio did the same, went inside the office, and left the accused-appellant and the victim alone. The victim took a few steps and drew his .45 caliber gun which was tucked in a holster on the right side of his chest. Petitioner then fired his armalite upward as a warning shot. Undaunted, the victim still drew his gun. Petitioner then shot the victim on the head, which caused the latter’s instantaneous death. The trial court found the accused guilty of the crime charged and held that the claim of self-defense by the accused was unavailing due to the absence of unlawful aggression on the part of the victim. On appeal, the Court of Appeals (CA) affirmed the findings of the trial court and held that the essential and primary element of unlawful aggression was lacking. Issue: Whether or not the justifying circumstances of the petitioner’s acts constitute as valid self- defense. Held: Yes. Article 11 of the Revised Penal Code provides the requisites for a valid self-defense claim. Unlawful aggression is an indispensable element of self-defense. "Without unlawful aggression, self- defense will not have a leg to stand on and this justifying circumstance cannot and will not be appreciated, even if the other elements are present." Ordinarily, there is a difference between the act of drawing one’s gun and the act of pointing one’s gun at a target. The former cannot be said to be unlawful aggression on the part of the victim. Unlawful aggression requires an actual, sudden and unexpected attack, or imminent danger thereof, and not merely a threatening or intimidating attitude x x x. The victim here was a trained police officer. He was inebriated and had disobeyed a lawful order in order to settle a score with someone using a police vehicle. A warning shot fired by a fellow police officer, his superior, was left unheeded as he reached for his own firearm and pointed it at petitioner. Petitioner was, therefore, justified in defending himself from an inebriated and disobedient colleague. Even if we were to disbelieve the claim that the victim pointed his firearm at petitioner, there would still be a finding of unlawful aggression on the part of the victim. Hence, it now becomes reasonably certain that in this specific case, it would have been fatal for the petitioner to have waited for the victim to point his gun before the petitioner fires back. The petitioner was therefore acquitted of homicide on reasonable doubt. Maruhom vs. People
G.R. No.206513, October 20, 2015 Facts: On September 24, 2005, in the City of Las Piñas, accused, with lewd designs, did then and there willfully, unlawfully and feloniously commit a lascivious conduct upon the person of one AAA, who was then a sixteen year old minor, by then and there embracing her, touching her breast and private part against her will and without her consent and the act complained of is prejudicial to the physical and psychological development of the complainant. After trial, the RTC promulgated its Decision which convicted petitioner of the crime charged. Feeling aggrieved, petitioner elevated the case to the Court of Appeals (CA) arguing, among other things, that even assuming he committed the acts imputed, still there is no evidence showing that the same were done without the victim’s consent or through force, duress, intimidation or violence upon her. The CA rendered a Decision adopting the recommendation of the OSG. Petitioner received a copy of CA Decision on July 6, 2012. Instead of further appealing the case, he filed on July 23, 2012 before the CA a manifestation with motion to allow him to apply for probation upon remand of the case to the RTC. Issue: Whether or not the petitioner can avail the benefits of Probation Law Held: No. Section 4 of the Probation Law prohibits granting an application for probation if an appeal from the sentence of conviction has been perfected by the accused. In this case, petitioner appealed the trial court’s judgment of conviction before the CA alleging that it was error on the part of the trial court to have found him guilty of violating Section 5(b), Article III of Republic Act (R.A.) No. 7610. Accused already perfected his appeal and it is late in the day to avail the benefits of probation. Facts: In the Year 1996, Malto and private respondent AAA started to frequently exchange messages and calls. Their conversation always started innocently but he had a way of veering the subject to sex. Soon, they had a "mutual understanding" and became sweethearts. On November 19, 1997, AAA agreed to have lunch with petitioner outside the premises of the college. She was surprised when he brought her to Queensland Lodge on Harrison St. in Pasay City. Once inside the motel room, he kissed her at the back and neck, touched her breasts and placed his hand inside her blouse. She resisted his advances but he was too strong for her. He stopped only when she got angry at him. On November 26, 1997, Malto asked AAA to come with him so that they could talk in private. He again brought her to Queensland Lodge. As soon as they were inside the room, he took off his shirt, lay down in bed and told her, "halika na, dito na tayo mag-usap." She refused but he dragged her towards the bed, kissed her lips, neck and breasts and unsnapped her brassiere. She struggled to stop him but he overpowered her. He went on top of her, lowered her pants and touched her private part. He tried to penetrate her but she pushed him away forcefully and she sat up in bed. He hugged her tightly saying, "Sige na, AAA, pumayag ka na, I won’t hurt you." She refused and said, "Mike, ayoko." Pressured and afraid of his threat to end their relationship, she hesitantly replied "Fine." On hearing this, he quickly undressed while commenting "ibibigay mo rin pala, pinahirapan mo pa ako" and laughed. They had sexual intercourse. In July 1999, AAA ended her relationship with petitioner. She learned that he was either intimately involved with or was sexually harassing his students in Assumption College and in other colleges where he taught. On learning what her daughter underwent in the hands of petitioner, BBB filed an administrative complaint in Assumption College against him. She also lodged a complaint in the Office of the City Prosecutor of Pasay City which led to the filing of Criminal Case No. 00-0691. Issue: Whether or not the Indeterminate Sentence Law can be applied Held: Yes. The penalty prescribed for violation of the provisions of Section 5, Article III of R.A. 7610 is reclusion temporal in its medium period to reclusion perpetua. In the absence of any mitigating or aggravating circumstance, the proper imposable penalty is reclusion temporal in its maximum period, the medium of the penalty prescribed by the law. Notwithstanding that RA 7610 is a special law, petitioner may enjoy the benefits of the Indeterminate Sentence Law. Since the penalty provided in RA 7610 is taken from the range of penalties in the Revised Penal Code, it is covered by the first clause of Section 1 of the Indeterminate Sentence Law. Thus, he is entitled to a maximum term which should be within the range of the proper imposable penalty of reclusion temporal in its maximum period and a minimum term to be taken within the range of the penalty next lower to that prescribed by the law: prision mayor in its medium period to reclusion temporal in its minimum period (ranging from 8 years and 1 day to 14 years and 8 months). FACTS: Petitioner, Gemma Jacinto was an employee of Megafoam International, received a check amounting to Pho 10, 000 as payment of Baby Aquino to her purchase to Megafoam. However, instead of delivering it to Megafoam, she deposited it to her bank account. The check was later discovered to be unfunded. Both RTC and CA ruled that the petitioner was guilty of qualified theft. Petitioner filed a petition for review of certiorari to SC. ISSUE: Whether or not petitioner is correctly convicted for the crime of Qualified Theft. RULING: NO. Petitioner is guilty of committing an impossible crime of theft only. The requisites of an impossible crime are: (1) that the act performed would be an offense against persons or property; (2) that the act was done with evil intent; and (3) that its accomplishment was inherently impossible, or the means employed was either inadequate or ineffectual. Petitioner’s evil intent cannot be denied, as the mere act of unlawfully taking the check meant for Mega Foam showed her intent to gain or be unjustly enriched. Were it not for the fact that the check bounced, she would have received the face value thereof, which was not rightfully hers. Therefore, it was only due to the extraneous circumstance of the check being unfunded, a fact unknown to petitioner at the time, that prevented the crime from being produced. The thing unlawfully taken by petitioner turned out to be absolutely worthless, because the check was eventually dishonored, and Mega Foam had received the cash to replace the value of said dishonored check. Imbo vs. People
G.R. No.197712, April 20, 2015 Facts: While their entire household was asleep and had retired for the night, she was awakened by petitioner, her own father, licking her vagina and mashing her breasts. At the time, AAA was sleeping at the second level of their residence with her younger sister, BBB. AAA immediately and repeatedly shouted for her mother, CCC, who was sleeping outside the room, but to no avail. AAA continued to shout for her mother prompting petitioner to leave and run out of the room. AAA cried herself to sleep, and on the very next day told her mother of what her father, petitioner, had done to her. Adamant on his innocence, petitioner filed a Notice of Appeal to the appellate court maintaining that he did not commit Acts of Lasciviousness against his own daughter, AAA; the charge was only concocted by his wife who, for some reason, wanted to separate from him. The Court of Appeals affirmed the trial court's conviction of petitioner for Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 of R.A. No. 7610. Issue: Whether or not the penalty imposed by the lower court failed to properly apply R.A. No. 4103, the Indeterminate Sentence Law Held: Yes. Section 5(b), Article III of R.A. No. 7610 provides the imposable penalty for Acts of Lasciviousness when the victim is under twelve (12) years of age, albeit the offense is prosecuted under Article 336 of the RPC, is reclusion temporal in its medium period. The range of the imposable penalty on petitioner of reclusion temporal in its medium period is fourteen (14) years, four (4) months and one (1) day to seventeen (17) years and four (4) months. The Indeterminate Sentence Law is applicable to prison sentence both for an offense punished by the RPC and an offense punished "by any other law." The correct application of the Indeterminate Sentence Law has long been clarified in People v. Simon which ruled that the underscored portion of Section 1 of the Indeterminate Sentence Law, i.e. the "offense is punished by any other law," indubitably refers to an offense under a special law where the penalty imposed was not taken from and is without reference to the Revised Penal Code (RPC). Hence, applying the Indeterminate Sentence Law, petitioner is sentenced to an indeterminate penalty of twelve (12) years and one (1) day of reclusion temporal as minimum and seventeen (17) years and four (4) months of reclusion temporal as maximum. Facts: On 28 August 1991, Jose G. Garcia filed with an Affidavit of Complaint charging his wife, private respondent Adela Teodora P. Santos alias "Delia Santos," with Bigamy, Violation of C.A. No. 142, as amended by R.A. No. 6085, and Falsification of Public Documents. However, in his letter of 10 October 1991 to Assistant City Prosecutor George F. Cabanilla, the petitioner informed the latter that he would limit his action to bigamy. On 2 March 1992, the private respondent filed a Motion to Quash alleging prescription of the offense as ground therefore. She contended that by the petitioner's admissions in his testimony given on 23 January 1991 in Civil Case No. 90-52730, entitled "Jose G. Garcia v. Delia S. Garcia," and in his complaint filed with the Civil Service Commission on 16 October 1991, the petitioner discovered the commission of the offense as early as 1974. Pursuant then to Article 91 of the Revised Penal Code (RPC), the period of prescription of the offense started to run therefrom. Thus, since bigamy was punishable by prision mayor, an afflictive penalty which prescribed in fifteen years pursuant to Article 92 of the RPC, then the offense charged prescribed in 1989, or fifteen years after its discovery by the petitioner. The Court of Appeals affirmed the decision of the Trial Court. Hence, this petition Issue: Whether or not the private respondent's many trips abroad suspended the running of the prescriptive period Held: No. The court held that that these trips abroad did not constitute the "absence" contemplated in Article 91 of the Revised Penal Code. These trips were brief, and in every case the private respondent returned to the Philippines. Besides, these were made long after the petitioner discovered the offense and even if the aggregate number of days of these trips are considered, still the information was filed well beyond the prescriptive period Facts:
SPO2 Baxinela was already in the pub drinking with Regimen and Legarda for more than a couple of hours prior to the shooting incident. After witnessing an altercation between Lajo and another customer, Baxinela decided to confront Lajo on why he had a gun with him. Baxinela approached Lajo from behind and held the latter on the left shoulder with one hand while holding on to his .45 caliber service firearm with the other. As Lajo was turning around, to see who was confronting him, Baxinela shot him. The prosecution, on the other hand, contends that Baxinela was already in the pub drinking with Regimen and Legarda for more than a couple of hours prior to the shooting incident. After witnessing an altercation between Lajo and another customer, Baxinela decided to confront Lajo on why he had a gun with him. Baxinela approached Lajo from behind and held the latter on the left shoulder with one hand while holding on to his .45 caliber service firearm with the other. As Lajo was turning around, to see who was confronting him, Baxinela shot him. Baxinela then got Lajo’s wallet and fled the scene with Regimen. The RTC and CA accepted the prosecution’s version. Hence, this petition. Issue: Whether or not the Court of Appeals erred in denying the justifying circumstances of self- defense of in the alternative the lawful performance of official duty under Article 11 paragraphs 1 and 5, respectively, of the Revised Penal Code. Held: No. In order to avail justifying circumstance of lawful performance of an official duty under Article 11, Paragraph 5 of the Revised Penal Code, it must be shown that: 1) the accused acted in the performance of a duty or in the lawful exercise of a right or office; and 2) the injury caused or the offense committed is the necessary consequence of the due performance of duty or the lawful exercise of a right or office. While the first condition is present, the second is clearly lacking. Baxinela’s duty was to investigate the reason why Lajo had a gun tucked behind his waist in a public place. This was what Baxinela was doing when he confronted Lajo at the entrance, but perhaps through anxiety, edginess or the desire to take no chances, Baxinela exceeded his duty by firing upon Lajo who was not at all resisting. The shooting of Lajo cannot be considered due performance of a duty if at that time Lajo posed no serious threat or harm to Baxinela or to the civilians in the pub. Facts:
The respondent spouses Gueco obtained a loan from petitioner now UnionBank to purchase a car. Hence, the Spouses executed promissory notes which were payable in monthly installments and chattel mortgage over the car to serve as security for the notes. The Spouses defaulted in payment. The Bank, therefore, filed a civil action for "Sum of Money with Prayer for a Writ of Replevin" before the MTC. The car was detained inside the Bank’s compound. Dr. Gueco delivered a manager's check in amount of P150,000.00 but the car was not released because of his refusal to sign the Joint Motion to Dismiss for they had not yet filed their Answer. The Bank insisted that the joint motion to dismiss is standard operating procedure in their bank to effect a compromise and to preclude future filing of claims, counterclaims or suits for damages. After several demand letters and meetings with bank representatives, the spouses initiated a civil action for damages. The RTC held that there was a meeting of the minds between the parties as to the reduction of the amount of indebtedness and the release of the car but said agreement did not include the signing of the joint motion to dismiss as a condition sine qua non for the effectivity of the compromise. Issue: 1. Whether or not there was an agreement with respect to the execution of the joint motion to dismiss as a condition for the compromise agreement 2. Whether or not the spouses are entitled for damages arising from fraud. Held: 1. No. Being an affirmative allegation, petitioner has the burden of evidence to prove his claim that the oral compromise entered into by the parties included the stipulation that the parties would jointly file a motion to dismiss. This petitioner failed to do. Notably, even the Metropolitan Trial Court, while ruling in favor of the petitioner and thereby dismissing the complaint, did not make a factual finding that the compromise agreement included the condition of the signing of a joint motion to dismiss. 2. No. The Court failed to see how the act of the petitioner bank in requiring the respondent to sign the joint motion to dismiss could constitute as fraud. Fraud has been defined as the deliberate intention to cause damage or prejudice. Petitioner may have been remiss in informing Dr. Gueco that the signing of a joint motion to dismiss is a standard operating procedure of petitioner bank. However, this cannot in any way have prejudiced Dr. Gueco. The whole point of the parties entering into the compromise agreement was in order that Dr. Gueco would pay his outstanding account and in return petitioner would return the car and drop the case for money and replevin before the Metropolitan Trial Court. The joint motion to dismiss was but a natural consequence of the compromise agreement and simply stated that Dr. Gueco had fully settled his obligation, hence, the dismissal of the case. Hence, petitioner's act of requiring Dr. Gueco to sign the joint motion to dismiss cannot be said to be a deliberate attempt on the part of petitioner to renege on the compromise agreement of the parties. Facts:
Petitioner Saudi Arabian Airlines (SAUDIA) hired private respondent Milagros Morada as a flight attendant in 1988, based in Jeddah. In 1990, while on a lay-over in Jakarta, Indonesia, she went to party with two (2) male attendants, and on the following morning in their hotel, one of the male attendants attempted to rape her. She was rescued by hotel attendants who heard her cry for help. The Indonesian police arrested the two men. Morada returned to Jeddah but was asked by the company to go back to Jakarta and help arrange the release of the 2 male attendants. MORADA did not cooperate when she got to Jakarta. What followed was a series of interrogations from the Saudi Courts which she did not understand as this was in their language. In 1993, she was surprised, upon being ordered by SAUDIA to go to the Saudi court, that she was being convicted of (1) adultery; (2) going to a disco, dancing and listening to the music in violation of Islamic laws; and (3) socializing with the male crew, in contravention of Islamic tradition, sentencing her to five months imprisonment and to 286 lashes. Only then did she realize that the Saudi court had tried her, together with the 2, for what happened in Jakarta. SAUDIA denied her the assistance she requested, but because she was wrongfully convicted, Prince of Makkah dismissed the case against her and allowed her to leave Saudi Arabia. Shortly before her return to Manila, she was terminated from the service by SAUDIA, without her being informed of the cause. On November 23, 1993, Morada filed a Complaint for damages against SAUDIA, and Khaled Al-Balawi (“Al-Balawi”), its country manager. SAUDIA alleges that the existence of a foreign element qualifies the instant case for the application of the law of the Kingdom of Saudi Arabia, by virtue of the lex loci delicti commissi rule. Morada alleges that since her Amended Complaint is based on Articles 19 and 21 of the Civil Code, then the instant case is properly a matter of domestic law. Issue: Whether or not the Philippine courts have jurisdiction to try the case. Ruling: Yes, On the presence of a “Foreign Element” in the case: A factual situation that cuts across territorial lines and is affected by the diverse laws of two or more states is said to contain a “foreign element”. In the instant case, the foreign element consisted in the fact that private respondent Morada is a resident Philippine national, and that petitioner SAUDIA is a resident foreign corporation. Also, by virtue of the employment of Morada with the petitioner Saudia as a flight stewardess, events did transpire during her many occasions of travel across national borders, particularly from Manila, Philippines to Jeddah, Saudi Arabia, and vice versa, that caused a “conflicts” situation to arise. The presence of a foreign element is inevitable since social and economic affairs of individuals and associations are rarely confined to the geographic limits of their birth or conception. The forms in which this foreign element may appear are many. The foreign element may simply consist in the fact that one of the parties to a contract is an alien or has a foreign domicile, or that a contract between nationals of one State involves properties situated in another State. In other cases, the foreign element may assume a complex form. COURT disagrees with Morada that this is purely a domestic case. However, the court finds that the RTC of Quezon City possesses jurisdiction over the subject matter of the suit. Its authority to try and hear the case is provided for under Section 1 of Republic Act No. 7691 Weighing the relative claims of the parties, the court a quo found it best to hear the case in the Philippines. Had it refused to take cognizance of the case, it would be forcing plaintiff (private respondent now) to seek remedial action elsewhere, i.e. in the Kingdom of Saudi Arabia where she no longer maintains substantial connections. That would have caused a fundamental unfairness to her. Moreover, by hearing the case in the Philippines no unnecessary difficulties and inconvenience have been shown by either of the parties. The choice of forum of the plaintiff (now private respondent) should be upheld. The trial court also acquired jurisdiction over the parties. Morada through her act of filing, and SAUDIA by praying for the dismissal of the Amended Complaint on grounds other than lack of jurisdiction. In applying “State of the most significant relationship” rule, to determine the State which has the most significant relationship, the following contacts are to be taken into account and evaluated according to their relative importance with respect to the particular issue: (a) the place where the injury occurred; (b) the place where the conduct causing the injury occurred; (c) the domicile, residence, nationality, place of incorporation and place of business of the parties, and (d) the place where the relationship, if any, between the parties is centered. As already discussed, there is basis for the claim that over-all injury occurred and lodged in the Philippines. There is likewise no question that private respondent is a resident Filipina national, working with petitioner, a resident foreign corporation engaged here in the business of international air carriage. Thus, the “relationship” between the parties was centered here, although it should be stressed that this suit is not based on mere labor law violations. From the record, the claim that the Philippines has the most significant contact with the matter in this dispute, raised by private respondent as plaintiff below against defendant (herein petitioner), in our view, has been properly established. These “test factors” or “points of contact” or “connecting factors” could be any of the following: (1) The nationality of a person, his domicile, his residence, his place of sojourn, or his origin; (2) the seat of a legal or juridical person, such as a corporation; (3) the situs of a thing, that is, the place where a thing is, or is deemed to be situated. In particular, the lex situs is decisive when real rights are involved; (4) the place where an act has been done, the locus actus, such as the place where a contract has been made, a marriage celebrated, a will signed or a tort committed. The lex loci actus is particularly important in contracts and torts; (5) the place where an act is intended to come into effect, e.g., the place of performance of contractual duties, or the place where a power of attorney is to be exercised; (6) the intention of the contracting parties as to the law that should govern their agreement, the lex loci intentionis; (7) the place where judicial or administrative proceedings are instituted or done. The lex fori — the law of the forum — is particularly important because, as we have seen earlier, matters of “procedure” not going to the substance of the claim involved are governed by it; and because the lex fori applies whenever the content of the otherwise applicable foreign law is excluded from application in a given case for the reason that it falls under one of the exceptions to the applications of foreign law; and (8) the flag of a ship, which in many cases is decisive of practically all legal relationships of the ship and of its master or owner as such. It also covers contractual relationships particularly contracts of affreightment. Facts: At about 1:30 a.m. on November 15, 1975, private respondent Leonardo Dionisio was on his way home from cocktails and dinner meeting with his boss. He was proceeding down General Lacuna Street when he saw a Ford dump truck parked askew, partly blocking the way of oncoming traffic, with no lights or early warning reflector devices. The truck was driven earlier by Armando Carbonel, a regular driver of the petitioner company. Dionisio tried to swerve his car to the left, but it was too late. He suffered some physical injuries and nervous breakdown. Dionision filed an action for damages against Carbonel and Phoenix Insurance. Petitioners countered the claim by imputing the accident to respondent’s own negligence in driving at high speed without curfew pass and headlights, and while intoxicated. The trial court and the Court of Appeals ruled in favor of private respondent. Issue: Whether the collision was brought about by the way the truck was parked, or by respondent’s own negligence Held: We find that private respondent Dionisio was unable to prove possession of a valid curfew pass during the night of the accident and that the preponderance of evidence shows that he did not have such a pass during that night. It is the petitioners' contention that Dionisio purposely shut off his headlights even before he reached the intersection so as not to be detected by the police in the police precinct which he (being a resident in the area) knew was not far away from the intersection. We believe that the petitioners' theory is a more credible explanation than that offered by private respondent Dionisio, i.e., that he had his headlights on but that, at the crucial moment, these had in some mysterious if convenient way malfunctioned and gone off, although he succeeded in switching his lights on again at "bright" split seconds before contact with the dump truck. We do not believe that this evidence is sufficient to show that Dionisio was so heavily under the influence of liquor as to constitute his driving a motor vehicle per se an act of reckless imprudence. The conclusion we draw from the factual circumstances outlined above is that private respondent Dionisio was negligent the night of the accident. He was hurrying home that night and driving faster than he should have been. Worse, he extinguished his headlights at or near the intersection of General Lacuna and General Santos Streets and thus did not see the dump truck that was parked askew and sticking out onto the road lane. Nonetheless, we agree with the Court of First Instance and the Intermediate Appellate Court that the legal and proximate cause of the accident and of Dionisio's injuries was the wrongful or negligent manner in which the dump truck was parked in other words, the negligence of petitioner Carbonel. The collision of Dionisio's car with the dump truck was a natural and foreseeable consequence of the truck driver's negligence. The distinctions between "cause" and "condition" which the 'petitioners would have us adopt have already been "almost entirely discredited. If the defendant has created only a passive static condition which made the damage possible, the defendant is said not to be liable. But so far as the fact of causation is concerned, in the sense of necessary antecedents which have played an important part in producing the result it is quite impossible to distinguish between active forces and passive situations, particularly since, as is invariably the case, the latter are the result of other active forces which have gone before. Even the lapse of a considerable time during which the "condition" remains static will not necessarily affect liability. "Cause" and "condition" still find occasional mention in the decisions; but the distinction is now almost entirely discredited. So far as it has any validity at all, it must refer to the type of case where the forces set in operation by the defendant have come to rest in a position of apparent safety, and some new force intervenes. But even in such cases, it is not the distinction between "cause" and "condition" which is important but the nature of the risk and the character of the intervening cause. We believe, secondly, that the truck driver's negligence far from being a "passive and static condition" was rather an indispensable and efficient cause. The improper parking of the dump truck created an unreasonable risk of injury for anyone driving down General Lacuna Street and for having so created this risk, the truck driver must be held responsible. In our view, Dionisio's negligence, although later in point of time than the truck driver's negligence and therefore closer to the accident, was not an efficient intervening or independent cause. The defendant cannot be relieved from liability by the fact that the risk or a substantial and important part of the risk, to which the defendant has subjected the plaintiff has indeed come to pass. Foreseeable intervening forces are within the scope original risk, and hence of the defendant's negligence. The courts are quite generally agreed that intervening causes which fall fairly in this category will not supersede the defendant's responsibility. Thus, a defendant who blocks the sidewalk and forces the plaintiff to walk in a street where the plaintiff will be exposed to the risks of heavy traffic becomes liable when the plaintiff is run down by a car, even though the car is negligently driven; and one who parks an automobile on the highway without lights at night is not relieved of responsibility when another negligently drives into it. We hold that private respondent Dionisio's negligence was "only contributory," that the "immediate and proximate cause" of the injury remained the truck driver's "lack of due care" and that consequently respondent Dionisio may recover damages though such damages are subject to mitigation by the courts. Petitioners also ask us to apply what they refer to as the "last clear chance" doctrine. The common law notion of last clear chance permitted courts to grant recovery to a plaintiff who had also been negligent provided that the defendant had the last clear chance to avoid the casualty and failed to do so. Accordingly, it is difficult to see what role, if any, the common law last clear chance doctrine has to play in a jurisdiction where the common law concept of contributory negligence as an absolute bar to recovery by the plaintiff, has itself been rejected, as it has been in Article 2179 of the Civil Code of the Philippines. Under Article 2179, the task of a court, in technical terms, is to determine whose negligence - the plaintiff's or the defendant's - was the legal or proximate cause of the injury. The relative location in the continuum of time of the plaintiff's and the defendant's negligent acts or omissions, is only one of the relevant factors that may be taken into account. Of more fundamental importance are the nature of the negligent act or omission of each party and the character and gravity of the risks created by such act or omission for the rest of the community. Our law on quasi-delicts seeks to reduce the risks and burdens of living in society and to allocate them among the members of society. To accept the petitioners' pro-position must tend to weaken the very bonds of society. We believe that the demands of substantial justice are satisfied by allocating most of the damages on a 20-80 ratio. Thus, 20% of the damages awarded by the respondent appellate court, except the award of P10,000.00 as exemplary damages and P4,500.00 as attorney's fees and costs, shall be borne by private respondent Dionisio; only the balance of 80% needs to be paid by petitioners Carbonel and Phoenix who shall be solidarity liable therefor to the former. The award of exemplary damages and attorney's fees and costs shall be borne exclusively by the petitioners. Phoenix is of course entitled to reimbursement from Carbonel. We see no sufficient reason for disturbing the reduced award of damages made by the respondent appellate court. |
Archives
May 2024
Categories
All
|