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violation of Article 125 of the Revised Penal Code cannot be said

tohave been conjured out of thin air as it was properly backed up

 Soria vs Desierto 125 phil 313 Art 125 by law and jurisprudence.Regarding the complaint of Soria, based
Facts: on applicable laws and jurisprudence, anelection day or a special
holiday, should not be included in the computation of the period
Petitioners Rodolfo Soria and Edimar Bista were arrested on May prescribed by law for the filing of complaint/information in
13, 2001 (a Sundayand the day before May 14 elections) without courts in cases of warrantless arrests,it being a 'no-office day.
a warrant by respondents for alleged illegal possession of Hence, there could be no arbitrary detention or violation of
firearms and ammunition. One police identified Bista to have a Article 125of the Revised Penal Code.In the same vein, the
standing warrant of arrest for violation of BP Blg. 6.From the time complaint of Bista against the respondents for Violation of
of Soria’s detention up to the time of his release, 22 hours had Article125, will not prosper because the running of the thirty-six
already elapsed and Bista was detained for 26 days. The crimes (36)-hour period prescribed by law for the filing of the complaint
for which Soria was arrested without warrant are punishable by against him from the time of his arrest was tolled by one day
correctional penalties or their equivalent, thus, criminal (electionday). Moreover, he has a standing warrant of arrest for
complaints or information should be filed with the proper judicial Violation of B.P. Blg. 6 and he couldonly be released if he has no
authorities within 18 hours of his arrest. The crimes for which other pending criminal case requiring his continuous detention.
Bista was arrested are punishable by afflictive or capital
penalties, or their equivalent, thus, he could only bedetained for  Villavicencio vs Lukban, At 127
36 hours without criminal complaints or information having been Justo Lukban as Manila City's Mayor together with Anton
filed with the proper judicial authorities. Hohmann, the city's Chief of Police, took custody of about 170
women at the night of October 25, 1918 without the women’s
Article 125 stated that Delay in the delivery of detained persons knowledge and consent and thereafter were shipped to Mindanao
to the proper judicial authorities. - The penalties provided in the specifically in Davao where they were signed as laborers in a
next preceding article shall be imposed upon the public officer or banana plantation. Said women are inmates of the houses of
employee who shall detain any person for some legal ground and prostitution situated in Gardenia Street, in the district of
shall fail to deliver such person to the proper judicial authorities Sampaloc.
within the period of: twelve (12) hours, for crimes or offenses
punishable by light penalties, or their equivalent; eighteen (18)  The purpose of sending this women to davao is to
hours, for crimes or offenses punishable by correctional exterminate vice, ordered the segregated district for
penalties, or their equivalent; and thirty-six (36)hours, for crimes women of ill repute, which had been permitted for a
or offenses punishable by afflictive or capital penalties, or their number of years.
Some of the women were able to escape and return to Manila. The
Petitioners filed with the Office of the Ombudsman for Military attorney for the relatives and friends of a considerable number of
Affairs a complaint-affidavit for violation of Art. 125 of the the deportees presented an application for heabes corpus to the
Revised Penal Code against herein private respondents. The office Supreme Court.
dismissed the complaint for lack of merit. Petitioners then filed
their motion for reconsideration which was denied for lack of The City of Manila Mayor and police moved to dismiss the case
merit in the second assailed Resolution saying that those women were already out of their jurisdiction
and that, it should be filed in the city of Davao instead.
.Issue:W/O officers of the Office of the Ombudsman gravely
abused their discretion in dismissing the complaint for violation ISSUE RELEVANT TO SECTION 1 ARTICLE II of the
of Article 125 of the Revised Penal Code (Delay in the delivery of Constitution
detained persons)
Grave abuse of discretion is such capricious and whimsical
exercise of judgment on the part of the public officer concerned OTHER ISSUE
which is equivalent to an excess or lack of jurisdiction. Theabuse
of discretion must be so patent and gross as to amount to an 2. WHETHER OR NOT THE CITY OF MANILA DOES NOT HAVE A
evasion of a positive duty or avirtual refusal to perform a duty JURISDICTION TO ISSUE A WRIT OF HABEAS CORPUS TO DAVAO
No grave abuse of discretion can be attributed to the
respondents. Their disposition of petitioners' complaint for HELD:

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· The petition was granted. Respondent Lukban is found in ISSUE:
contempt of court for not following the order of the court to
produce the body of the women and shall pay into the office of Whether or not the act complained of is notoriously offensive to
the clerk of the Supreme Court within five days the sum of one the religious feelings of the Catholics, thereby violating Article
hundred pesos (P100) 133 of the RPC.


1. On the first issue, the court’s decision is based on the The facts alleged in the complaint constitute the offense defined
principle of Republicanism wherein “Ours is a government of and penalized in article 133 of the Revised Penal Code, and
laws and not of men” should the fiscal file an information alleging the said facts and a
trial be thereafter held at which the said facts should be
Law defines power. Centuries ago Magna Charta decreed that”No conclusively established, the court may find the accused guilty of
freeman shall be taken, or imprisoned, or be disseized of his the offense complained of, or that of coercion, or that of trespass
freehold, or liberties, or free customs, or be outlawed, or exiled, or under article 281 of the Revised Penal Code.
any other wise destroyed; nor will we pass upon him nor condemn
him, but by lawful judgment of his peers or by the law of the land.
No official, no matter how high, is above the law. The courts
are the forum which functionate to safeguard individual Whether or not the act complained of is offensive to the religious
liberty and to punish official transgressors feelings of the Catholics, is a question of fact which must be
judged only according to the feelings of the Catholic and not those
2. On the second issue, the court believed that the true of other faithful ones. Laurel dissent: Offense to religious feelings
principle should be that, if the respondent (Mayor Lukban) is should not be made to depend upon the more or less broad or
within the jurisdiction of the court and has it in his power to obey narrow conception of any given particular religion, but should be
the order of the court and thus to undo the wrong that he has gauged having in view the nature of the acts committed and after
inflicted, he should be compelled to do so. The writ of habeas scrutiny of all the facts and circumstance which should be viewed
corpus was devised and exists as a speedy and effectual remedy to through the mirror of an unbiased judicial criterion. Otherwise,
relieve persons from unlawful restraint, and as the best and only the gravity or leniency of the offense would hinge on the
sufficient defense of personal freedom. Any further rights of the subjective characterization of the act from the point of view of a
parties are left untouched by decision on the writ, whose given religious denomination or sect, and in such a case, the
principal purpose is to set the individual at liberty. application of the law would be partial and arbitrary, withal,
3. In other words, If the mayor and the chief of police, acting
under no authority of law, could deport these women from especially in a country said to be "once the scene of religious
the city of Manila to Davao, the same officials must intolerance and persecution.”
necessarily have the same means to return them from Davao
to Manila. The respondents, within the reach of process, may
not be permitted to restrain a fellow citizen of her liberty by
forcing her to change her domicile and to avow the act with Article 133, RPC:
impunity in the courts, while the person who has lost her
birthright of liberty has no effective recourse. The great writ Offending the religious feelings. – The penalty of arresto mayor in
of liberty may not thus be easily evaded. its maximum period to prision correccional in its minimum
period shall be imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any religious
ceremoncy, shall perform acts notoriously offensive to the
 Pp vs Baes, 68 phil 203, Art 133 feelings of the faithful.

Baes, the parish priest of the Roman Catholic Church of Lumban,

Laguna, charged the accused  Pp vs Hernandez, Rebellion
with an offense against religion for causing the funeral of a
member of the “Church of Christ” to pass About March 15, 1945, Amado Hernandez and other appellants
were accused of conspiring, confederating and cooperating with
through the churchyard fronting the Roman Catholic Church, each other, as well as with the thirty-one (31) defendants charged
belonging to said church and devoted to the religious worship in the criminal cases of the Court of First Instance of Manila. They
thereof. The parish priest opposed this, but through force and were accused of being members of PKP Community Party of the
threats of physical violence by the accused, was compelled to Philippines which was actively engaged in an armed rebellion
allow the funeral to pass through the said churchyard.
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against the government of the Philippines. With the party of committing the rebellion, as it would not be done in
HUKBALAHAP (Hukbo ng Bayan Laban sa mga Hapon), they preparation or in furtherance of the latter.
committed the crime of rebellion causing murder, pillage, looting
plunder, etc., enumerated in 13 attacks on government forces or
civilians by HUKS.  Enrile vs Salazar 186 scra 217 Rebellion
Crime Committed:
In the afternoon of February 27, 1990, Senate Minority Floor
Rebellion with multiple murder, arsons and robberies Leader Juan Ponce Enrile was arrested by law enforcement
officers led by Director Alfredo Lim of the National Bureau of
Contention of the State: Investigation on the strength of a warrant issued by Hon. Jaime
Salazar of the Regional Trial Court of Quezon City Branch 103, in
The government, headed by the Solicitor General,
Criminal Case No. 9010941.
argued that the gravity of the crime committed required the
denial of bail. Moreover, the complex crime charged by the
The warrant had issued on an information signed and earlier that
government against Hernandez has been successfully imposed
day filed by a panel of prosecutors composed of Senior State
with other arrested communist leaders and was sentenced to life
Prosecutor Aurelio C. Trampe, State Prosecutor Ferdinand R.
Abesamis and Assistant City Prosecutor Eulogio Mananquil, Jr.,
Contention of the Accused: charging Senator Enrile, the spouses Rebecco and Erlinda
Panlilio, and Gregorio Honasan with the crime of rebellion with
An appeal prosecuted by the defendants regarding the murder and multiple frustrated murder allegedly committed
judgment rendered by the CFI in Manila that rebellion cannot be a during the period of the failed coup attempt from November 29 to
complex crime with murder, arson or robbery. December 10, 1990.

Ruling: Senator Enrile was taken to and held overnight at the NBI
headquarters on Taft Avenue, Manila, without bail, none having
The court ruled that “murder, arson, and robbery are been recommended in the information and none fixed in the
mere ingredient of the crime of rebellion as means “necessary” arrest warrant. The following morning, February 28, 1990, he
for the perpetration of the offense. Such common offense is was brought to Camp Tomas Karingal in Quezon City where he
absorbed or inherent of the crime of rebellion. Inasmuch as the was given over to the custody of the Superintendent of the
acts specified in Article 135 constitutes, one single crime it Northern Police District, Brig. Gen. Edgardo Dula Torres.
follows that said acts offer no occasion for the application of
Article 48 which requires therefore the commission of at least On the same date of February 28, 1990, Senator Enrile, through
two crimes. counsel, filed the petition for habeas corpus herein (which was
followed by a supplemental petition filed on March 2, 1990),
*** HERNANDEZ DOCTRINE: Rebellion cannot be
alleging that he was deprived of his constitutional rights.
complexed with common crimes such as killings, destruction of
property, etc., committed on the occasion and in furtherance
thereof. The thinking is not anymore correct more so that there is
no legal basis for such rule now. Rebellion constitutes ONLY ONE
(a) Whether the petitioner has committed complex crimes (delito
CRIME. ***
compleio) arising from an offense being a necessary means for
committing another, which is referred to in the second clause of
Article 48, Revised Penal Code?

 Pp vs Geronimo, Rebellion
Not every act of violence is deemed absorbed in the There is one other reason and a fundamental one at that why
crime of rebellion solely because it was committed Article 48 of the Penal Code cannot be applied in the case at bar. If
simultaneously with or in the course of the rebellion. murder were not complexed with rebellion, and the two crimes
If the killing, robbing, etc. were done for private were punished separately (assuming that this could be done), the
purposes or profit, without any political motivation, following penalties would be imposable upon the movant,
the crime would be separately punishable and would namely: (1) for the crime of rebellion, a fine not exceeding
not be absorbed by the rebellion and the individual P20,000 and prision mayor, in the corresponding period,
misdeed could not be taken with the rebellion to depending upon the modifying circumstances present, but never
constitute a complex crime, for the constitutive acts exceeding 12 years of prision mayor, and (2) for the crime of
and intent would be unrelated to each other. The murder, reclusion temporal in its maximum period to death,
individual crime would not be a means necessary for depending upon the modifying circumstances present. In other

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words, in the absence of aggravating circumstances, the extreme On the eve of the election, at the house of Pasumbal’s father,
penalty could not be imposed upon him. However, under Article Congressman Umali instructed Pasumbal to contact the Huks
48 said penalty would have to be meted out to him, even in the through Commander Abeng so that Punzalan would be killed. It
absence of a single aggravating circumstance. Thus, said would seem that Umali and Pasumbal had a feeling that Punzalan
provision, if construed in conformity with the theory of the was going to win in the election and that his death was the surest
prosecution, would be unfavorable to the movant. way to eliminate him from the electoral fight.

The plaint of petitioner's counsel that he is charged with a crime In the evening of the same day, Pasumbal reported to Umali about
that does not exist in the statute books, while technically correct his conference with Commander Abeng, saying that the latter was
so far as the Court has ruled that rebellion may not be complexed agreeable to the proposition and even outlines the manner of
with other offenses committed on the occasion thereof, must attack.
therefore be dismissed as a mere flight of rhetoric. Read in the
context of Hernandez, the information does indeed charge the After waiting for sometimes, Abeng and his troops numbering
petitioner with a crime defined and punished by the Revised about fifty, armed with garlands and carbines, arrived.
Penal Code: simple rebellion. Congressman Umali, holding a revolver, was seen in the company
of Huk Commander Torio and about 30 armed men. The shots
Petitioner finally claims that he was denied the right to bail. In the were heard. Afterwards they saw Umali and his companions leave
light of the Court's reaffirmation of Hernandez as applicable to in the direction of Taguan, by way of railroad tracks.
petitioner's case, and of the logical and necessary corollary that
Issue: Whether or not the crime is of rebellion or sedition.
the information against him should be considered as charging
only the crime of simple rebellion, which is bailable before Held:
conviction, that must now be accepted as a correct proposition.
But the question remains: Given the facts from which this case The crime committed were not rebellion but rather that of
arose, was a petition for habeas corpus in this Court the sedition. The purpose of the raid and the act of the raiders is
appropriate vehicle for asserting a right to bail or vindicating its rising publicly and taking up arms was not exactly against the
denial? The criminal case before the respondent Judge was the Government and for the purpose of doing things defined in
normal venue for invoking the petitioner's right to have Article 134 of the RPC.
provisional liberty pending trial and judgment. The original
jurisdiction to grant or deny bail rested with said respondent. The
correct course was for petitioner to invoke that jurisdiction by The raiders did not even attack the Presidencia, the seat of the
filing a petition to be admitted to bail, claiming a right to bail per local Government. Rather the object was to attain by means of
se by reason of the weakness of the evidence against him. Only force, intimidation, etc., one object, to wit, to inflict an act of hate
after that remedy was denied by the trial court should the review or revenge upon the person or property of a public official,
jurisdiction of this Court have been invoked, and even then, not namely Punzalan who was then mayor of Tiaong.
without first applying to the Court of Appeals if appropriate relief
was also available there. ***Common crimes are not absorbed in sedition***

The Court reiterates that based on the doctrine enunciated in

People vs. Hernandez, the questioned information filed against
petitioners Juan Ponce Enrile and the spouses Rebecco and
Erlinda Panlilio must be read as charging simple rebellion only,
hence said petitioners are entitled to bail, before final conviction,
as a matter of right. The Court's earlier grant of bail to petitioners
being merely provisional in character, the proceedings in both
cases are ordered remanded to the respondent Judge to fix the On June 9 and June 24, 1947, both dates inclusive, in the town of
amount of bail to be posted by the petitioners. Once bail is fixed Tagbilaran, Bohol, Oscar Espuelas y Mendoza had his picture
by said respondent for any of the petitioners, the corresponding taken, making it to appear as if he were hanging lifeless at the end
bail bond flied with this Court shall become functus oficio. No of a piece of rope suspended form the limb of the tree, when in
pronouncement as to costs. truth and in fact, he was merely standing on a barrel. After
securing copies of his photograph, Espuelas sent copies of same
to Free Press, the Evening News, the Bisayas, Lamdang of general
circulation and other local periodicals in the Province of Bohol
but also throughout the Philippines and abroad, for their
publication with a suicide note or letter, wherein he made to
appear that it was written by a fictitious suicide, Alberto
Reveniera and addressed to the latter's supposed wife translation
of which letter or note, stating his dismay and administration of
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President Roxas, pointing out the situation in Central Luzon and On the composition of a bar candidate, the grades 73%-Civil Law
Leyte, and directing his wife his dear wife to write to President and 64%-Remedial Law were written by an employee of the SC,
Truman and Churchill of US and tell them that in the Philippines after striking out the grade of 63% and 58%.
the government is infested with many Hitlers and Mussolinis.
WON the altered grades were public or official documents.
Whether the accused is liable of seditious libel under Art. 142 of
the RPC against the Government of the Philippines? HELD:

Held: The examination of candidates for admission to the bar is a

judicial function. The alterations made in such papers, under the
Yes. The accused must therefore be found guilty as charged. And circumstances proven in this case, of the grades given to them by
there being no question as to the legality of the penalty imposed the correctors, constitute the crime of falsification of public
on him, the decision will be affirmed with costs. documents.

Analyzed for meaning and weighed in its consequences, the The acts of falsification are
article written bybthe accused, cannot fail to impress thinking
persons that it seeks to sow the seeds of sedition and strife. The 1. Making alterations on genuine document,
infuriating language is not a sincere effort to persuade, what with
the writer's simulated suicide and false claim to martyrdom and 2. Making it appear that correctors had participated in blotting
what with is failure to particularize. When the use irritating out the grades and
language centers not on persuading the readers but on creating
3. Attributing to the correctors statements other than those made
disturbances, the rationable of free speech cannot apply and the
by them.
speaker or writer is removed from the protection of the
constitutional guaranty.

If it be argued that the article does not discredit the entire  Pp v sendaydiego 81 scra 120 Art 172
governmental structure but only President Roxas and his men, Facts:
the reply is that article 142 punishes not only all libels against the
Government but also "libels against any of the duly constituted
authorities thereof." The "Roxas people" in the Government
obviously refer of least to the President, his Cabinet and the In these three cases of malversation through falsification, the
majority of legislators to whom the adjectives dirty, Hitlers and prosecution's theory is that in 1969 Licerio P. Sendaydiego, the
Mussolinis were naturally directed. On this score alone the provincial treasurer of Pangasinan, in conspiracy with Juan
conviction could be upheld. Samson y Galvan, an employee of a lumber and hardware store in
Dagupan City, and with Anastacio Quirimit, the provincial auditor,
Regarding the publication, it suggests or incites rebellious as an accomplice, used six (6) forged provincial vouchers in order
conspiracies or riots and tends to stir up people against the to embezzle from the road and bridge fund the total sum of
constituted authorities, or to provoke violence from opposition P57,048.23.
who may seek to silence the writer. Which is the sum and
substance of the offense under consideration.

The essence of seditious libel may be said to its immediate The provincial voucher in these cases has several parts. In the
tendency to stir up general discontent to the pitch of illegal upper part with the legend "ARTICLE OR SERVICE" the nature of
courses; that is to say to induce people to resort to illegal the obligation incurred is indicated. That part is supposed to be
methods other than those provided by the Constitution, in order signed by two officials of the provincial engineer's office and by
to repress the evils which press upon their minds. the governor's representative.

 PP VS ROMUALDEZ 57 PHIL 151 ART 171 The middle part of the voucher contains five numbered printed
Facts: paragraphs.

Case of Bar Exam where the scores of a certain Mabunay were

Paragraph 1 is a certificate to be signed by the creditor. It is stated
therein that the creditor vouches that the expenses "were actually
and necessarily incurred". In the instant cases paragraph 1 was

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not signed presumably because it is not relevant to the purchase Pangasinan in the same amount (Criminal Case No. 23350, L-
of materials for public works projects. Paragraph 2 is a 33253). For the malversation of the sum of P9,769.64 covered by
certification that the expenses are correct and have been lawfully voucher No. 11871 (Exh. R), Samson is sentenced to an
incurred. It is signed by the provincial engineer. Paragraph 3 indeterminate penalty of nine (9) years of prision mayor medium,
contains these words: "Approved for pre-audit and payment, as minimum, to thirteen (13) years of reclusion temporal
appropriations and funds being available therefore." This is minimum, as maximum; to pay a fine of P9,769.64, and to
signed by the provincial treasurer. Paragraph 4 is a certification indemnify the province of Pangasinan in the same amount
which, as filed up in Exhibit K, Voucher No. 10724 dated February (Criminal Case No. 23350, L-33253). For the malversation of the
28, 1969, certifying that the voucher has been pre-audited and sum of P5,187.28, covered by voucher No. 11869 (Exh. P),
signed by the auditor. Paragraph 5 is a certification signed by the Samson is sentenced to an indeterminate penalty of five (5) years
provincial treasurer that the account mentioned in the provincial of prision correccional maximum, as minimum, to eight (8) of
engineer's certification "was paid in the amount and on the date prision mayor minimum, as maximum; to pay a fine of P5,187.28,
shown below and is chargeable as shown in the summary hereof. and to indemnify the province of Pangasinan in the same amount
" It may be noted that the provincial treasurer signs two part of (Criminal Case No. 23350, L-33253).
the voucher.

For the malversation of the sum of P4,501.38 covered by voucher

Issue: no. 11872 (Exh. S), Samson is sentenced to an indeterminate
penalty of five (5) years of prision correccional maximum, as
minimum, to eight (8) years of prision mayor minimum, as
maximum; to pay a fine of P4,501.38, and to indemnify the
Whether or not appellants are liable for the crimes of province of Pangasinan in the same amount (Criminal Case No.
falsicification of public documents and six crimes of 23350, L-33253). In the service of the twelve penalties meted to
malversation? Samson, the threefold limit provided for in article 70 of the
Revised Penal Code should be observed (People vs. Escares, 102
Phil. 677), meaning that the maximum penalty that he should
Held: serve is three times the indeterminate sentence of twelve (12)
years to seventeen (17) years, the severest penalty imposed on
him, or thirty-six (36) years to fifty-one (51) years (see People vs.
Penñ as, 68 Phil. 533). The maximum duration of his sentences
Samson is convicted of six crimes of falsification of a public should not exceed forty (40) years (Penultimate par. of art. 70;
document and six crimes of malversation. In lieu of the penalties People vs. Alisub, 69 Phil. 362; People vs. Concepcion, 59 Phil.
imposed by the trial court, he is sentenced to the following 518, 68 Phil. 530 and 69 Phil. 58).
penalties: For each of the six falsification of the vouchers (Exh. K,
O, P, Q, R and S), Samson is sentenced to an indeterminate penalty The estate of the late Licerio P. Sendaydiego is ordered to
of two (2) years of prison correccional minimum, as minimum, to indemnify the province of Pangasinan in the sum of P57,048.23.
four (4) years of prision correccional medium, as maximum, and Samson and the said estate are solitarily liable for the said
to pay a fine of three thousand pesos. For the malversation of the indemnity (Art. 110, Revised Penal Code). Samson should pay
sum of P16,727.52 covered by voucher No. 10724 (Exh. K), one-half of the costs. SO ORDERED.
Samson is sentenced to an indeterminate penalty of twelve (12)
years of prision mayor maximum, as minimum, to seventeen (17)
years of reclusion temporal medium, as maximum; to pay a fine in
the amount of P16,727.52, and to indemnify the province of
Pangasinan in the same amount (Criminal Case NO. 23349, L-  US VS TU LE PIU 35 PHIL 4 ART 178
33252). For the malversation of the sum of P14,571.81 covered
by voucher No. 11995 (Exh. O), Samson is sentenced to an  PEOPLE VS ESTRADA GR NO. 164368
indeterminate penalty of twelve (12) years of prision mayor FACTS:
maximum, as minimum, to seventeen (17) years of reclusion
temporal medium, as maximum; to pay a fine in the sum of
P14,571.81, and to indemnify the province of Pangasinan in the
same amount (Criminal Case No. 23351, L-33254). For the
malversation of the sum of P6,290.60 covered by voucher No.
11870 (Exh. Q), Samson is sentenced to an indertiminate penalty
of nine (9) years of prision mayor medium, as minimum, to
thirteen (13) years of reclusion temporal minimum, as maximum;
to pay a fine of P6,290.60, and to indemnify the province of

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On 4 April 2001, an Information for plunder was filed against (b) by DIVERTING, RECEIVING, misappropriating, converting OR
former President Joseph Ejercito Estrada (aâ €œFPres. misusing DIRECTLY OR INDIRECTLY, for HIS OR THEIR
Estradaaâ €), together with Jose aâ €œJinggoyaâ € Estrada, Charlie PERSONAL gain and benefit, public funds in the amount of ONE
aâ €˜Atongaâ € Ang, Edward Serapio, Yolanda T. Ricaforte, Alma HUNDRED THIRTY MILLION PESOS [P130,000,000.00], more or
Alfaro, Eleuterio Tan, a.k.a. Eleuterio Ramos Tan or Mr. Uy, Jane less, representing a portion of the TWO HUNDRED MILLION
Doe a.k.a. Delia Rajas, and John & Jane Does, for the crime of PESOS [P200,000,000.00] tobacco excise tax share allocated for
Plunder defined and penalized under R.A. No. 7080, as amended the Province of Ilocos Sur under R.A. No. 7171, BY HIMSELF
by Sec. 12 of R.A. No. 7659. The Information was subsequently AND/OR in CONNIVANCE with co-accused Charlie aâ €˜Atongaâ €™
amended, as follows: Ang, Alma Alfaro, JOHN DOE a.k.a. Eleuterio Tan OR Eleuterio
Ramos Tan or Mr. Uy, and Jane Doe a.k.a. Delia Rajas, AND OTHER

AMENDED INFORMATION (c) by directing, ordering and compelling, FOR HIS PERSONAL
GAIN AND BENEFIT, the Government Service Insurance System
The undersigned Ombudsman Prosecutor and OIC-Director, EPIB, (GSIS) TO PURCHASE, 351,878,000 SHARES OF STOCKS, MORE
Office of the Ombudsman, hereby accuses former PRESIDENT OF OR LESS, and the Social Security System (SSS), 329,855,000
Jose aâ €˜Jinggoyaâ €™ Estrada, Charlie aâ €œAtongaâ € Ang, Edward BILLION ONE HUNDRED TWO MILLION NINE HUNDRED SIXTY
Serapio, Yolanda T. Ricaforte, Alma Alfaro, JOHN DOE a.k.a. FIVE THOUSAND SIX HUNDRED SEVEN PESOS AND FIFTY
Eleuterio Tan OR Eleuterio Ramos Tan or Mr. Uy, Jane Doe a.k.a. CENTAVOS [P1,102,965,607.50] AND MORE OR LESS SEVEN
Delia Rajas, and John DOES & Jane Does, of the crime of Plunder, HUNDRED FORTY FOUR MILLION SIX HUNDRED TWELVE
defined and penalized under R.A. No. 7080, as amended by Sec. THOUSAND AND FOUR HUNDRED FIFTY PESOS
12 of R.A. No. 7659, committed as follows: [P744,612,450.00], RESPECTIVELY, OR A TOTAL OF MORE OR
That during the period from June, 1998 to January, 2001, in the
Philippines, and within the jurisdiction of this Honorable Court,
accused Joseph Ejercito Estrada, THEN A PUBLIC OFFICER,
with his co-accused, WHO ARE MEMBERS OF HIS FAMILY,
then and there willfully, unlawfully and criminally amass,
accumulate and acquire BY HIMSELF, DIRECTLY OR INDIRECTLY,
ill-gotten wealth in the aggregate amount OR TOTAL VALUE of (d) by unjustly enriching himself FROM COMMISSIONS, GIFTS,
SEVENTEEN CENTAVOS [P4,097,804,173.17], more or less, JANE DOES, in the amount of MORE OR LESS THREE BILLION
combination OR A series of overt OR criminal acts, OR SIMILAR THE SAME UNDER HIS ACCOUNT NAME aâ €œJOSE VELARDEaâ € 
(a) by receiving OR collecting, directly or indirectly, on SEVERAL CONTRARY TO LAW.
HUNDRED FORTY-FIVE MILLION PESOS (P545,000,000.00), After the prosecution finished presenting its evidence, FPres.
MORE OR LESS, FROM ILLEGAL GAMBLING IN THE FORM OF Estrada filed, with leave of court, a demurrer to evidence. The
GIFT, SHARE, PERCENTAGE, KICKBACK OR ANY FORM OF demurrer, however, was denied by the court. Accused Serapio
PECUNIARY BENEFIT, BY HIMSELF AND/OR in connivance with opted not to present his own evidence, and instead adopted the
co-accused CHARLIE aâ €˜ATONGaâ €™ ANG, JOSE aâ €˜Jinggoyaâ €™ evidence presented by FPres. Estrada and Jinggoy Estrada.
Estrada, Yolanda T. Ricaforte, Edward Serapio, AND JOHN DOES
AND JANE DOES, in consideration OF TOLERATION OR Incidentally, in 2007, the Sandiganbayan approved the Plea
PROTECTION OF ILLEGAL GAMBLING; Bargaining Agreement between the prosecution and accused
Atong Ang, the latter pleading guilty to a lesser offense of
Page 7 of 36
Corruption of Public Officials under Article 212 in relation to 3) By the illegal or fraudulent conveyance or disposition of asset
Article 211 of the Revised Penal Code. Accused Atong Ang was belonging to the National Government or any of its subdivision,
sentenced to two years and four months of prision correccional agencies or instrumentalities or government-owned or
minimum, as minimum, to six years of prision correccional aâ €“controlled corporations and their subsidiaries;
maximum, as maximum, and to pay the amount of
P25,000,000.00 to the Government as his civil liability. Accused 4) By obtaining, receiving or accepting directly or indirectly any
Atong Ang is now out of jail under probation. shares of stock, equity or any other form of interest or
participation including promises of future employment in any
RULING OF THE COURT business enterprise or undertaking;

The elements of the crime of plunder, pursuant to RA 7080 and as 5) By establishing agricultural, industrial or commercial
laid down by the Supreme Court in the earlier case of Joseph monopolies or other combinations and/or implementation of
Ejercito Estrada vs. Sandiganbayan (G.R. No. 148560, 19 decrees and orders intended to benefit particular persons or
November 2001), are as follows: special interests; or

(1) That the offender is a public officer who acts by himself or in 6) By taking undue advantage of official position, authority,
connivance with members of his family, relatives by affinity or relationship, connection or influence to unjustly enrich himself or
consanguinity, business associates, subordinates or other themselves at the expense and to the damage and prejudice of the
persons; Filipino people and the Republic of the Philippines.

(2) That he amassed, accumulated or acquired ill-gotten wealth The prosecution has proven beyond reasonable doubt the
through a combination or series of the following overt or criminal elements of plunder as against former President Estrada, thus:
acts described in Section 1 (d) of R.A. No. 7080 as amended; and
(a) The principal accused Joseph Ejercito Estrada, at the time of
(3) That the aggregate amount or total value of the ill-gotten the commission of the acts charged in the Amended Information
wealth amassed, accumulated or acquired is at least was the President of the Republic of the Philippines;
(b) He acted in connivance with then Governor Luis
The terms aâ €œCombinationaâ € and aâ €œSeriesaâ € were aâ €œChavitaâ € Singson, who was granted immunity from suit by
likewise defined in the above-cited case. aâ €œCombinationaâ € the Office of the Ombudsman, and with the participation of other
refers to at least two acts falling under different categories of persons named by prosecution witnesses in the course of the trial
enumeration provided in Sec. 1, par. (d), e.g., raids on the public of this case, in amassing, accumulating and acquiring ill-gotten
treasury in Sec.1, par. (d), subpar. (1), and fraudulent conveyance wealth as follows:
of assets belongings to the National Government under Sec.1, par.
(d), subpar. (3). On the other hand, to constitute a aâ €œseriesaâ €, (i) by a series of acts of receiving bi-monthly collections from
there must be two or more overt or criminal acts falling under the aâ €œjuetengaâ €, a form of illegal gambling, during the period
same category of enumeration found in Sec. 1, par. (d), say, beginning November 1998 to August 2000 in the aggregate
misappropriation, malversation and raids on the public treasury, amount of P545,291,000.00. Out of this amount, P200,000,000.00
all of which fall under Sec. 1, par. (d), subpar. (1). was deposited in the Erap Muslim Youth Foundation; and

Section 1 (d) reads: (ii) by a series consisting of two acts of ordering the GSIS and the
SSS to purchase shares of stock of Belle Corporation and
Ill-gotten wealth means any asset, property, business enterprise collecting or receiving commission from the sales of Belle Shares
or material possession of any person within the purview of in the amount of P189,700,000.00 which was deposited in the
Section Two (2) hereof, acquired by him directly or in directly Jose Velarde account.
through dummies, nominees, agents, subordinates and/or
business associates by any combination or series of the following These two acts – (i) and (ii) – correspond to sub-paragraphs (a)
means or similar schemes: and (c) of the Amended Information. However, there is
uncertainty as to the participation of Jinggoy Estrada and Serapio
1) Through misappropriation, conversation, misuse, or in the allegations under sub-paragraph (a) of the Amended
malversation of public funds or raids on the public treasury; Information (both are not included in sub-paragraph [c] of the
Amended Information).
2) By receiving, directly or indirectly, any commission, gift, share,
percentage, kickbacks or any other form of pecuniary benefit With respect to Jinggoy Estrada, there was no evidence that the
from any person and/ or entity in connection with any money he turned over to Gov. Singson or the latteraâ €™s
government contract or project or by reason of the office or representatives was part of the jueteng protection money
position of the public officer concerned; collected from Bulacan or that he received funds from a certain
Viceo. The prosecution did not also rebut the bank certification
presented by the defense that Jinggoy Estrada did not have an
Page 8 of 36
account with the United Overseas Bank, disproving the testimony the other or in combination with each other, unquestionably
of Emma Lim that the deposit slip in the amount said to be part of constitute the crime of plunder as defined by Section 2, in
jueteng money was turned over to her by Jinggoy Estrada from relation to Section 1(d) of RA 7080 as amended.
his account at the United Overseas Bank. The gaps in the
prosecutionaâ €™s evidence as to Jinggoy Estrada create A pattern was established by the carefully planned system of
uncertainty in the mind of the Court as to the participation of jueteng money collection on a regular bi-monthly basis from the
Jinggoy Estrada in the collection and receipt of jueteng money. dfferent provinces nationwide to enrich FPres. Estrada with the
connivance and/or participation of Gov. Singson, Yolanda
With respect to Serapio, neither Gov. Chavit Singsonaâ €™s Ricaforte, Emma Lim, Carmencita Itchon, SPO2 Artates, Jamis
testimony nor the ledger entries proved that Serapio was Singson and other jueteng collectors referred to in the Amended
involved in any way in the collection or disbursement of jueteng Information as aâ €œJohn Doesaâ € and aâ €œJane Does.aâ € As
protection money. It is difficult to presume any criminal intent on proven, the collections in aâ €œseveral instancesaâ € from illegal
the part of Serapio to conceal or launder jueteng protection gambling money went way beyond the minimum of
money in order to contribute to the amassing and accumulation P50,000,000.00 set by the Anti-Plunder Law. These repeated
of ill-gotten wealth by FPres. Estrada in connection with the collections of jueteng money from November 1998 to August
transfer of the P200,000,000.00 to the Erap Muslim Youth 2000 would fall within the purview of a aâ €œseriesaâ €  of illegal
Foundation. acts constituting plunder. The said series of acts, on its own,
would have been sufficient to convict the principal accused,
FPres. Estrada. However, this Court also finds that FPres. Estrada
is criminally liable for plunder for receiving commissions from
On the other hand, the prosecution failed to establish beyond the purchase of Belle Shares by the GSIS and by the SSS in grave
reasonable doubt the allegations under sub-paragraph (b) and abuse of his power on two separate occasions as charged in sub-
(d) of the amended Information: paragraph (b) of the Amended Information. Clearly, the receipt of
these commissions on two occasions likewise meets the
1. Acts under sub-paragraph (b) of the Amended Information. –
definition of a series of two similar unlawful acts employing the
With respect to the act of divesting, receiving or misappropriating
same scheme to accumulate ill-gotten wealth.
a portion of the tobacco excise tax share allocated for the
Province of Ilocos Sur, the paper trail in relation to the It is unnecessary to indulge in an exposition of whether the two
P130,000,000.00 diverted tobacco excise taxes began with Gov. series of acts falling under sub-paragraphs (a) and (c) of the
Singson and ended with Atong Ang. This Court does not find the Amended Information, proven in the course of the trial could
evidence sufficient to establish beyond reasonable doubt that have amounted to two (2) counts of plunder. It would be a purely
FPres. Estrada or any member of his family had instigated and/or academic exercise, as the accused cannot be convicted of two
benefited from the diversion of said funds. The prosecution failed offenses or two counts of plunder on the basis of a single
to prove, beyond reasonable doubt, who among the accused Information, clearly charging him of only one count of plunder,
benefited from the misappropriation of the excise tax share of because that would violate his constitutional rights to due
Ilocos Sur and in what amounts. process, given the severity of the crime charged in this case.
2. Acts under sub-paragraph (d) of the Amended Information. – The predicate acts alleged in sub-paragraphs (a) and (c) of the
While the prosecution presented overwhelming evidence that Amended Information, which formed two separate series of acts
there were numerous deposits of astoundingly large sums of of a different nature, were linked by the fact that they were
money into the Jose Velarde account, it failed to prove the plainly geared towards a common goal which was the
predicate act/s as defined under Section 1(d) of R.A. No. 7080 accumulation of ill-gotten wealth for FPres. Estrada and that they
through which the said deposits could have been acquired or shared a pattern or a common method of commission which was
amassed, except for the amount of P189,700,000.00, representing the abuse or misuse of the high authority or power of the
illegal commissions from the sales of Belle shares and the money Presidency.
collected from illegal gambling. It is not per se the accumulation
of wealth which is proscribed by the Anti-Plunder Law. The In sum, the Court finds that prosecution has proven beyond
acquisition of wealth of not less than P50,000,000.00 must be reasonable doubt the commission by the principal accused
linked to the commission of overt or criminal acts falling within former President Joseph Ejercito Estrada of the crime of plunder
the ambit of the said law. All that the prosecution has succeeded but not so in the case of former Mayor Jose Jinggoy Estrada and
in showing is that the Jose Velarde account is the repository or Atty. Edward Serapio.
receptacle of vast wealth belonging to FPres. Estrada.
However, the two different series of predicate acts outlined above
(particularly, first, the regular and methodical acquisition of ill- Former President Joseph Ejercito Estrada is GUILTY beyond
gotten wealth through collections from illegal gambling, and, reasonable doubt of the crime of PLUNDER, defined in and
second, the receipt of unlawful commissions from the sales of penalized by Republic Act No. 7080, as amended. On the other
Belle shares twice), whether taken separately or independently of hand, for failure of the prosecution to prove and establish their
Page 9 of 36
guilt beyond reasonable doubt, the Court finds the accused Jose (1) Whether or not the repeal of Section 3 of Act No. 1697 by the
aâ €œJinggoyaâ € Estrada and Atty. Edward S. Serapio NOT GUILTY enactment of the Administrative code had the effect of providing
of the crime of plunder, and accordingly, the Court hereby orders new and distinct penalties for the commission of the crime of
their ACQUITTAL. perjury.
(2) Whether or not the new penalties are more favorable to the
convict in the case at bar than those imposed by the trial judge.

The penalty imposable for the crime of plunder under Republic Held:
Act No. 7080, as amended by Republic Act No. 7659, is Reclusion (1) Section 3 of Act No. 1697, which defined and penalized the
Perpetua to Death. There being no aggravating or mitigating crime of perjury, repealed the provisions of the Penal Code
circumstances, however, the lesser penalty shall be applied in defining and penalizing the crime of perjury, not expressly, but by
accordance with Article 63 of the Revised Penal Code. implication, and we are of opinion that the repeal of Act No. 1697
Accordingly, accused Former President Joseph Ejercito Estrada is revived those provisions of the code. The old rule continues in
hereby sentenced to suffer the penalty of Reclusion Perpetua and force where a law which repeals a prior law, not expressly but by
the accessory penalties of civil interdiction during the period of implication, it itself repealed; and that in such cases the repeal of
sentence and perpetual absolute disqualification. the repealing law revives the prior law, unless the language of the
repealing statute provides otherwise. In the case at bar, the
express repeal of section 3 of Act No. 1697 by the enactment of
Moreover, in accordance with Section 2 of Republic Act No. 7080, the Administrative Code (Act No. 2657) revived the provisions of
as amended by Republic Act No. 7659, the Court hereby declares the Penal Code touching perjury, which were themselves
the forfeiture in favor of the government of the following: (1) The repealed, not expressly but by implication, by the enactment of
total amount of P545,291,000.00, with interest and income Act No. 1697.
earned, inclusive of the amount of P200,000,000.00, deposited in (2) The penalties prescribed in the Penal Code is less than that
the name and account of the Erap Muslim Youth Foundation; (2) imposed in Section 3 of Act # 1697. Hence, the penalty imposed
The amount of P189,000,000.00, inclusive of interests and by the court below must be revoked and the penalty prescribed in
income earned, deposited in the Jose Velarde account; and (3) the Penal Code should be imposed.
The real property consisting of a house and lot dubbed as
aâ €œBoracay Mansionaâ € located at #100 11th Street, New
Manila, Quezon City.  PP VS BANZIL

Appellant herein is a twenty-eight (28) year-old construction

worker residing in Quiapo, Manila, who wasarrested by a team of
policemen, upon an informer's tip that appellant was one of the
Soliman, testifying in his on behalf in the course of another
suspects in the killingof three persons some weeks before in
criminal case in which he, with several others, was charged with
Quiapo, Manila.
estafa, swore falsely to certain material allegations of fact. He
testified falsely that a sworn statement offered in evidence in Responding to the information, the officers proceeded to the
support of the charge of estafa, which was in effect an Muslim area. One of said persons had asuspicious bulge in his
extrajudicial confession of his guilt, had not been executed stomach, and when frisked, a .45 cal. pistol with an extended
voluntarily, and that its execution had not been procured by the magazine and six (6)live bullets was recovered from the center
police by the use of force, intimidation and prolonged torture. front of his waist line.
The trial judge who presided in the former case acquitted him on
the ground that there was room for reasonable doubt. Soliman is That same day, SPO3 Mendoza received the person of the accused
however, guilty of perjury as defined and penalized in Section 3 of and the subject firearm for safekeeping. The defendant
Act No. 1697. However, since judgement was entered on categorically denies ever having in his possession a gun at the
November 1915, section 3 of Act No. 1697 was expressly repealed time he was arrested
by the enactment of the Administrative Code which was effective
on july 1, 1916 and it has been suggested that the judgement RTC: “[T]he accused is hereby found guilty beyond reasonable
convicting and sentencing the accused under the provisions of doubt of Violation of P.D. 1866 as chargedand therefore, the
that statute should not be sustained and the repeal of the statute accused, Datukon Bansil y Alog is hereby sentenced to suffer the
should be held to have the effect of remitting and extinguishing penalty of reclusionperpetua”
the criminal liability of the accused incurred under the provisions
of the repealed law prior to the enactment of the Administrative ISSUE: WoN the trial court erred in relying on the testimony of
Code. the prosecution witnesses in convicting appellant?

Issues: HELD:

Page 10 of 36
Yes. We find the same insufficient to prove beyond reasonable the MPH, Region VII, holding the position of Accountant III,
doubt the culpability of the appellant for the crime charged. We sometime in the last week of January 1977,accused Mangubat,
find the testimony of SPO4 Clemente full of inconsistencies on Chief Accountant of RegionVII, asked her to stay after office hours
and told her that they could get a big money out of the simulated
material points. We find that there was no probable cause for the
LAAs by selling them to the Contractors, District Accountant,
warrantless arrest of the appellant notwithstanding the putative District Engineer and the Assistant District Engineer. Fe delos
application of Section5 of Rule 113 of the 1985 Rules on Criminal Reyes, then Auditing Examiner II at theCebu 2 nd HED, likewise an
Procedure based on the informant's tip and the "bulging accused-turned state witness, testified that sometime in the first
waistline" of theaccused. The arresting team was only armed with quarter of 1977, she was instructed by petitioner Auditor Efren
the knowledge of the suspect's "attire" which the prosecution Coyoca to inspect the delivery of supplies and materials at the
witness admitted during trial he cannot even remember. The project site of the Argao Dalaguete project but she found no
deliveries therein. She then reported the non-delivery to
team did not have a physical description of the suspect nor his
petitioner Coyoca who told her that he had to confer the matter
name. They were not even given a specific place within which to with petitioner Engr.Rafael Rabaya, Jr. She was later called by
target their search of the suspect, only av icinity of the Muslim petitioner Coyoca to his office and told her, in the presence of
Area in Quiapo, near the Muslim Mosque. Yet the arresting team petitioner Rabaya, to just sign all the prepared tally sheets and
directly zeroed in on the accused and his companions who were inspection reports as Coyoca would assume the responsibility if
only eating halo-halo at a small restaurant, surely not a crime in anything went wrong. Thereafter, she just signed tally sheets and
itself. WhileSPO4 Clemente claims that accused had a "bulging reports without actually going to the jobsites to inspect the
deliveries of supplies and materials because she knew that there
waistline", this alone, in the light of the availing circumstances, is
would be no deliveries to be made.
insufficient to constitute probable cause for the arrest of the
accused. Further, the essence of the crime of illegal possession is Issue:
the possession, whether actual or constructive, of the subject Whether the evidence of the prosecution has proven beyond
firearm, without which there can be no conviction for illegal reasonable doubt that the crime charged was committed by
possession. Faced with outright denial of the accused of the petitioners.
possession of the gun, the prosecution had all the opportunity to
cross-examine the accused and his witness in order to ferret out
The evidence for the prosecution had clearly established the
the truth and expose the falsity of their allegations. This the existence of these fake LAAs and SACDCs which became the bases
public prosecution failed to do. of the subject 199 general vouchers and checks issued to
contractors/suppliers in payment for the alleged deliveries of
WHEREFORE, the appealed decision is REVERSED and SET materials in the different project sites. Prosecution witnesses
ASIDE, and appellant DATUKON BANSIL is hereby ACQUITTED for Ruth Paredes and Felicitas Ona, both COA Auditors who were
insufficiency of evidence to prove his guilt beyond reasonable tasked to investigate the issuances of these fake LAAs and
doubt. Appellant's immediate release is ordered unless he is SACDCs, had clearly identified the badges of fraud in the
issuances of these fake LAAs which were released to Cebu 2nd
detained for some other lawful
HED. It was established among others that while the regular LAAs
were recorded in the logbook maintained by the Regional Office,
the fake LAAs and SACDCs following their issuances were not
entered in the logbook. The entry in the logbook is an important
 ALVIZO VS SB safeguard against fraud; thus, the failure to enter the LAAs and
Facts: SACDCs in the logbook necessarily indicates irregularity and
Petitioners Alvizo were charged of violation of RA 3019 fraud.
(Anti-graft and corrupt practices act) for issuances of fake Letters
of Advice of Allotments (LAAs) and Sub-Advices of Cash Such finding by the COA were corroborated by no less than
Disbursement Ceilings (SACDCs) during the period of 1976-1978 prosecution witness Delia Preagido, an accused-turned-state
in various Highway Engineering Districts (HEDs) of Region VII. witness, who had a first hand knowledge of how such falsification
The Audit team found out that fake LAAs and SACDCs were issued was done. The plea of guilty entered by accused Regional
in the year 1977 leading to irregular disbursements of public Accountant Rolando Mangubat as the author of such fraud and
funds for the payment of the signatory of all the fake LAAs and SACDCs, in effect, confirms
“ghost” projects. the testimony of Delia Preagido on the falsity of the LAAs.

Testimonies which the prosecution presented are:

Of the then Supervising COA Auditor Ruth Paredes which  FLORDELIS VS HIMALALOAN GR L-48088
established the standard operating procedure in the releases of The information in question, which was filed with the City Court
allotments to fund the highway projects or the maintenance and
of Tagbilaran City, presided over by respondent judge, on January
repair of the existing ones in the different regions of the MPH;
Prosecution witness Felicitas Ona, then Auditor V, who was 13, 1978 reads as follows:
assigned as a member of the team formed by the Performance
Audit Office to investigate the extent of the anomaly in the MPH
Central and the Regional Offices; Prosecution witness Manuel
Dionisio, a Senior Agent of the NBI and member of the Special The undersigned, 3rd Assistant City Fiscal, City of Tagbilaran,
Task Force of the Cabinet Committee; Accused-turned-state Philippines, hereby accuses Gotardo Flordelis of the crime of
witness, Delia Preagido who testified that she was employed in Perjury, committed as follows:

Page 11 of 36
That, on or about the 2nd day of July, 1977, in the City of The Court is not yet in the position to resolve the issues thus
Tagbilaran, Philippines, and within the jurisdiction of this raised in the motion to quash filed by the accused thru counsel at
Honorable Court, the above-named accused, moved by a desire to this stage of the proceedings without allowing the People to
evade payment of a just debt and Attorneys' fees for legal services present in Court the questioned pleadings as basis of the charge
rendered, did then and there willfully, unlawfully and feloniously of perjury, otherwise, the Court would be denied of its right to
execute and sign a verified answer to the complaint of Atty. scrutinize the evidence of the prosecution if the case will be
Sulpicio Tinampay and filed with the City Court of Tagbilaran City quashed, and if also, the prosecution is not given a chance to
and which alleges, among other things, that the herein accused present the questioned document or pleadings as evidence in
did not owe anything from Atty. Sulpicio Tinampay, much less, did Court.
he engage his legal services, when in truth and in fact, as said
accused fully well knew, such statement on a material matter is
false for the records would show that said accused had actually
engaged the legal services of Atty. Sulpicio Tinampay in the cases Thus, the issues adverted to in the motion to quash are all
of THE PEOPLE OF THE PHILIPPINES VS. GOTARDO FLORDELIS', question of evidence which the Court cannot resolve without
docketed as Criminal Case No. 4639, for Usurpation of Official allowing the People to present first its evidence in Court.
MAR, ET AL.", docketed as Criminal Case No. 4640, for Perjury;
thus, said accused herein had in said manner willfully, unlawfully WHEREFORE, the motion to quash filed by the accused thru
and feloniously made an untruthful statement in a narration of counsel should be denied, as it is hereby denied for being
facts, thereby causing upon said Atty. Sulpicio Tinampay trouble premature.
and embarrassment, to his damage and prejudice in the amount
to be proved during the trial of the case.

Notify the prosecuting Fiscal and Atty. Amado R. Olis of this order
Acts committed contrary to the provisions of Article 183 of the
Revised Penal Code.

SO ORDERED. (Page 41, Record.)

City of Tagbilaran, Philippines, December 28, 1977.

It is plain from even a cursory reading of the above-quoted

information that the allegedly false statement attributed to the
(Sgd.) MARIANO CAPAYAS 3rd Asst. City Fiscal petitioner was made by him in "a verified answer to the
complaint of Atty. Sulpicio Tinampay and filed with the City Court
of Tagbilaran City".

Without delving any further into the detailed circumstances of

(Sgd.) JOVENCIO S. ORCULLO City Fiscal the proceeding in the City Court of Tagbilaran City referred to in
the information and confining Our attention even only to the
mention thereon of "a verified answer to a complaint — filed in
the City Court", it is at once apparent that one element of the
(Pages 24-25, Record.) crime of perjury is absent in the charge as filed against petitioner,
namely, that the sworn statement complained of must be
required by law. (The Revised Penal Code by Justice Ramon C.
Aquino, Vol. 111, 1976 ed., pp. 1062-1063.) The answer to a
On February 13, 1978, petitioner filed a motion to quash this complaint in an ordinary civil action need not be under oath.
information on the two grounds already stated at the outset of
this opinion. On even date, respondent judge denied the said
motion to quash thus:
Moreover, it is likewise clear that any statement contained in an
appropriate pleading filed in court that is relevant to the issues in
the case to which it relates is absolutely privileged and it is the
Page 12 of 36
law that the same may not be made the subject of a criminal "Any person who shall threaten another with the infliction upon
prosecution. (People vs. Aquino, 18 SCRA 555.) the person, honor or property of the latter or of his family of any
wrong amounting to a crime" * * *. (Art. 282, R.P.C.) It is argued
that the alleged threat upon the complainant, by telling her that
she would be reported to the Bureau of Internal Revenue for tax
The assertion of respondent judge in his order in question that evasion, does not amount to a crime.
the prosecution should first be allowed to "present in court the
questioned pleadings as basis of the charge of perjury" overlooks Held:
quite surprisingly that petitioner had attached to his motion to
quash the complaint and the verified answer, and it is not claimed We agree with this view. However, Sia Sy Ho, together with his co-
that the authenticity of any of them has been put in issue by the accused, committed another crime — that of light threats,
prosecution. Thus, further evidence to show (1) that those contrary to the contention of his counsel that no crime was
pleadings were filed in an ordinary action where there is no committed by him. As the threat made by the accused, that they
requirement that the answer to a complaint does not have to be would report the offended party to the authorities, did not
verified and (2) the relevancy of the allegedly perjured constitute a crime, the crime committed by them when they made
statements and consequently their absolutely privileged the threat demanding money was only light threats, defined and
character was superfluous. Actual presentation thereof at the penalized in Article 283 of the Revised Penal Code.
formal trial could not have altered their legal import in the
determination of whether or not under the facts alleged in the
information petitioner could be convicted of perjury.
 PP VS CABAHUG 3/4/05 (phobe)

Facts: F:

According to the employee of Salustiana Dee by the name of Tee Petitioner is the president of Push-Thru Marketing, Inc., which
Tek Suan, Hao Y. Chao and Sia Sy Ho dropped in her store three or leases commercial, owned by Tutuban Properties, Inc., (TPI). On
four times sometime in December, 1953, telling said Tee Tek Suan June 30, 1999, Angelina Hipolito, merchandising officer of Push-
that they knew his employer had bought a parcel of land in Thru Marketing, received a notice of disconnection of utilities
Binondo, that she had evaded payment of taxes; and that they from private respondent Grace Guarin, the Credit and Collection
were going to report the case to the authorities. When Mrs. Dee Manager of TPI, for failure of Push-Thru Marketing to settle its
was apprised about the matter by Tee Tek Suan, she became outstanding obligations for Common Usage and Service Area
fearful, especially because the two were not known to her. She (CUSA) charges, utilities, electricity and rentals.
then instructed her employee that should the pair come around
again, he should tell them to wait and treat them with drinks. Petitioner settled the charges for CUSA, utilities and electricity,
Thus, when Hao Y. Chao and Sia Sy Ho came to the store on which payment was accepted by private respondent Guarin, but
December 21, 1953, Tee Tek kept them waiting. On the other petitioner failed to pay the back rentals. Thus, on July 1, 1999,
hand, Mrs. Dee contacted the office of the city mayor, reporting private respondents Guarin, together with several armed guards,
the presence of the pair. In response to the call, detectives disconnected the electricity in the stalls occupied by Push-Thru
Florentino Jueco and Gerardo Tamayo were dispatched. Mrs. Marketing.
Detective Jueco, who was in civilian clothes, was led into the room
Aggrieved, petitioner filed a criminal complaint for Grave
of Dee, and pretending to be a Chinese customer and reading the
Coercion against TPI and its officers,.4 The complaint alleged that
Chinese newspaper, he seated himself in a corner. Hao Y. Chao and
TPI and its officers cut off the electricity in petitioner’s stalls "in a
Sia Sy Ho were then brought inside the office of Mrs. Dee. Hao Y.
violent and intimidating manner"5 and by unnecessarily
Chao showed a piece of paper concerning the acquisition of a
employing "several armed guards to intimidate and frighten"6
piece of land in Binondo by Mrs. Dee and, accusing her of tax
petitioner and his employees and agents.
evasion, threatened to report the matter to the Bureau of Internal
Revenue and to the N.B.I, for which she would be prosecuted and I:
deported like Co Pak and others unless she come across with
Pl.OOO. Under the circumstances, Mrs. Dee handed P1,000 to Tee Whether private respondents’ act of disconnecting the supply of
Tek Suan who in turn delivered the same to Hao Y. Chao. The electricity to petitioner’s stalls and the manner by which it was
money was subsequently turned over to Sia Sy Ho who after carried out constitute grave coercion.
wrapping the same with his handkerchief, pocketed it. At that
juncture, detective Jueco arrested the pair from whom he R:
recovered the amount of P1,000. Counsel for appellant Sia Sy Ho
maintains that he was erroneously declared guilty of the crime of After carefully considering petitioner’s appeal, we are in
grave threats, which is committed in the following manner — agreement to deny it for utter lack of merit.

Page 13 of 36
The crime of grave coercion has three elements: (a) that a person Instead of addressing the defect, OPI instituted an action for
is prevented by another from doing something not prohibited by ejectment before the MeTC against Alejandro for failure to pay
law, or compelled to do something against his or her will, be it rentals.
right or wrong; (b) that the prevention or compulsion is effected
by violence, either by material force or such a display of it as During the pendency of the ejectment case or on June 10, 2004,
would produce intimidation and, consequently, control over the OPI, allegedly through respondent Atty. Marie Lourdes Sia-Bernas
will of the offended party; and (c) that the person who restrains (Sia-Bernas), ordered that the Unit be padlocked.
the will and liberty of another has no right to do so; in other
words, that the restraint is not made under authority of law or in MeTC issued a Temporary Restraining Order in favor of
the exercise of any lawful right.17 Alejandro.

The records show that there was no violence, force or the display OPI thru Atty. Jose Bernas, again padlocked the Unit. It was
of it as would produce intimidation upon petitioner’s employees executed by Amor, as Property Manager and respondent Eduardo
when the cutting off of petitioner’s electricity was effected. On the Aguilar (Aguilar) as head of the security unit, together with
contrary, it was done peacefully and after written notice to security officers John Doe and Peter Doe. Respondents, likewise,
petitioner was sent. We do not subscribe to petitioner’s claim that cut off the electricity, water and telephone facilities
the presence of armed guards were calculated to intimidate him
MeTC Decision in the ejectment case in favor of Alejandro as
or his employees. Rather, we are more inclined to believe that the
suspension of payment was justified. RTC reversed and set aside
guards were there to prevent any untoward or violent event from
occurring in the exercise of TPI’s rights under the lease
agreements. If the respondents desired a violent result, they CA affirm
would have gone there unannounced or cut petitioner’s
electricity through less desirable and conspicuous means. October 27, 2004, petitioners filed acriminal complaint for grave
coercionagainst respondents Bernas, Sia-Bernas, Amor, Aguilar,
It is likewise clear from the penalty clause in the Contracts of Peter Doe and John Doe with the Office of the City Prosecutor
Lease entered into by the parties that TPI is given the option to (OCP)
cut off power and other utility services in petitioner’s stalls in
case petitioner fails to pay at any time the installments on the Petitioners claimed that the padlocking of the Unit was illegal,
priority premium, lease rentals or CUSA and utility charges felonious and unlawful which prevented them from entering the
corresponding to a total of three months until full payment of premises and that the cutting off of facilities had unduly
said charges, expenses, penalty and interest is made.18 The prejudiced them
stipulation under said clause is clear; there is no ambiguity in
what is stated. There could be no grave coercion in the private Defense:nowhere in petitioners’ complaint was
respondents’ act of exercising in behalf of TPI a right afforded to
TPI under the solemn and unequivocal covenants of a contract to it alleged that respondents employed violence which is an
which petitioner had agreed and which he did execute and sign. essential element of grave coercion. And that petitioners in fact
We find that the resort to the penalty clause under the lease gained access to the Unit by forcibly destroying the padlock.
agreements was justified.
The OCP held that respondents could not be charged with grave
coercion as no violence was employed by the latter. In padlocking
the leased premises and cutting off of facilities, respondents
 ALEJANDRO ET AL VS BERNAS GR NO. 179243 Amor and Aguilar were found to be probably guilty of the crime
9/17/11,ART 286 (louys) of unjust vexation.

Secretary of the Department of Justice (DOJ) but the appeal was

Petitioner Joseph Anthony M. Alejandro (Alejandro) is the lessee- dismissed for their failure to submit a legible true copy of the
purchaser of condominium unit with the lessor-seller Oakridge joint counter-affidavit
Properties, Inc. (OPI).
CA: On whether or not there was probable cause for the crime of
On October 15, 2000, Alejandro sub-leased the Unit to the other grave coercion (no). as the mere presence of the security guards
petitioners Firdausi I.Y. Abbas (Firdausi), Carmina M. Alejandro- was insufficient to cause intimidation WON there was grave
Abbas (Carmina) and Ma. Elena Go Francisco (Ma. Elena) to be coercion (no)
used as a law office.
On probable cause: determination of whether probable cause
A defect in the air-conditioning unit prompted petitioners to exists to warrant the prosecution in court of an accused should be
suspend payments until the problem is fixed by the management. consigned and entrusted to the DOJ, as reviewer of the findings of
public prosecutors. This Court, as a rule, does not interfere with
the prosecutor’s determination of probable cause

Page 14 of 36
Probable cause for purposes of filing a criminal information is -Complaint adequately alleged the elements of unjust vexation.
defined as such facts as are sufficient to engender a well-founded The second paragraph of Article 287 of the Revised Penal Code
belief that a crime has been committed and the respondent is which defines and provides for the penalty of unjust vexation is
probably guilty thereof, and should be held for trial person of broad enough to include any human conduct which, although not
ordinary caution and prudence to believe or entertain an honest productive of some physical or material harm, could unjustifiably
or strong suspicion that a thing is so. annoy or vex an innocent person.Nevertheles

On grave coercion: s, Amor and Aguilar may disprove petitioners’ charges but such
matters may
For grave coercion to lie, the following elements must be present:
only be determined in a full-blown trial on the merits
1. that a person is prevented by another from doing something
not prohibited by law, or compelled to do something against his  ZULUETA VS CA GR. NO, 10783 2/20/96 ART 290
will, be it right or wrong; 2. that the prevention or compulsion is FACTS:
effected by violence, threats or intimidation; and 3. that the
person who restrains the will and liberty of another has no right Petitioner Cecilia Zulueta is the wife of private respondent
to do so, or in other words, that the restraint is not made under Alfredo Martin. On March 26, 1962, petitioner entered the clinic
authority of law or in the exercise of any lawful right. of her husband, a doctor of medicine, and in the presence of her
mother, a driver and private respondent's secretary, forcibly
Admittedly, respondents padlocked the Unit and cut off the opened the drawers and cabinet of her husband's clinic and took
electricity, water and telephone facilities. Petitioners were thus 157 documents consisting of private respondents between Dr.
prevented from occupying the Unit and using it for the purpose Martin and his alleged paramours, greeting cards, cancelled
for which it was intended check, diaries, Dr. Martin's passport, and photographs. The
documents and papers were seized for use in evidence in a case
The problem, however, lies on the second element. for legal separation and for disqualification from the practice of
medicine which petitioner had filed against her husband.
We find that the mere presence of the security guards is
insufficient to cause intimidation to the petitioners.

There is intimidation when one of the parties is compelled by a ISSUE: Whether or not the papers and other materials obtained
reasonable and well-grounded fear of an imminent and grave evil from forcible entrusion and from unlawful means are admissible
as evidence in court regarding marital separation and
upon his person or property, or upon the person or property of disqualification from medical practice.
his spouse, descendants or ascendants, to give his consent
Material violence is not indispensable
Indeed the documents and papers in question are
for there to be intimidation. I inadmissible in evidence. The constitutional injuction declaring
"the privacy of communication and correspondence to be
ntense fear
inviolable" is no less applicable simply because it is the wife (who
produced in the mind of the victim which restricts or hinders the thinks herself aggrieved by her husband's infedility) who is the
exercise of the will is sufficient petitioners claim that respondents party against whom the constitutional provision is to be enforced.
padlocked the Unit and cut off the facilities in the presence of The only exception to the prohibition in the constitution is if
security guards. But it was not alleged that the security guards there is a "lawful order from the court or which public safety or
committed anything to intimidate petitioners, nor was it alleged order require otherwise, as prescribed by law." Any violation of
that the guards were not customarily stationed there and that this provision renders the evidence obtained inadmissible "for
they produced fear on the part of petitioners. any purpose in any proceeding."

To determine the degree of the intimidation, the age, sex and

condition of the person shall be borne in mind.
The intimacies between husband and wife do not justify
Here, the petitioners who were allegedly intimidated by the anyone of them in breaking the drawers and cabinets of the other
guards are all lawyers who presumably know their rights and in ransacking them for any telltale evidence of marital
infedility. A person, by contracting marriage, does not shed
On Unjust vexation: her/his integrity or her/his right to privacy as an individual and
the constitutional protection is ever available to him or to her.
Petitioners’ Joint Affidavit
The law insures absolute freedom of communication between
the spouses by making it privileged. Neither husband nor wife
Page 15 of 36
may testify for or against the other without the consent of the aparador. Thereafter, she was brought to the kitchen, still hogtied
affected spouse while the marriage subsists. Neither may be and was raped again by the accused.
examined without the consent of the other as to any
communication received in confidence by one from the other He was convicted in the lower court but accused-appellant
during the marriage, save for specified exceptions. But one thing appealed his criminal case at the Regional Trial Court in Masbate.
is freedom of communication; quite another is a compulsion for He questioned the sufficiency of the prosecution’s evidence in
each one to share what one knows with the other. And this has identifying him as one of the perpetrators of the crime charged.
nothing to do with the duty of fidelity that each owes to the other. And based on medico-legal, Dr. Conchita Ulanday, a health officer
of Aroroy, testified herself that the complaining witness “either”
voluntarily submitted to a sexual act or was forced into one.

 US VS ALBAO 29 PHIL 86 Issue:

(a) Whether additional rape committed in a crime of robbery be
Defendant Alejandro Albao, a police officer, seized a quantity of considered as an aggravating circumstance?
opium from one Vicente Lizarraga by pointing a revolver to the
latter and telling him that if Lizarraga took the tins of opium with Held:
him, they would catch him again and Albao will be bribed P6, 000
by one Anatalio Ariola to get the tins back. Albao was charged On cross-examination, both Nerissa Tagala and Consuelo Arevalo,
with robbery. separately testified that they saw the face of Regala, despite of no
electricity at the commission of the crime, because he used a
During the trial, Albao tried to prove that Lizarraga was not the flashlight and took off the mask he was wearing, and thus, they
owner, but just a possessor, of the tins of opium. It was further remembered him wearing an earring of his left ear, which he was
found out that Albao seized the opium upon arrangement with its still wearing at the time of the police line-up inside the police
supposed buyer that the opium will be obtained via swindle. station.

Issue: WON Albao is guilty of robbery. The trial court held that contradiction referred to a minor detail,
cannot detract from the fact, that both Nerissa and Consuelo
Held: positively identified the accused-appellant. As correctly pointed
out by the appellee, the victim was a 16-year old barrio lass, not
Yes. In U.S. V. Navarro, the acts of the defendants in entering the exposed to the ways of the world and was not shown to have any
store of a Chinaman, displaying a badge and pretending to be ill-motive to falsely implicate accused-appellant, who was a
revenue officers, and later searching the premises and finding a stranger. Hence, Dr. Ulanday’s testimony does not support the
small amount of opium, then offering to release the Chinaman contention of accused-appellant that the victim voluntarily
upon payment of P400, were held to constitute robbery. submitted to sexual advances of Regala.

In robbery, it is sufficient that the property is taken by means of The crime of robbery with rape was committed in 1995 when RA
threats and violence, for the purpose of gain. Possession of the 7659 was already in force. Under Article 294 of the Revised Penal
property is sufficient. Ownership is not necessary. Code as amended, now provides, under paragraph 1 thereof: (1)
The penalty of reclusion perpetua to death, when for any reason
of or on occasion of the robbery, the crime of homicide shall have
been committed, or when the robbery shall have been
 PP VS REGALA 4/5/00
accompanied by rape or intentional mutilation or arson.
In this case, the additional rape committed by herein accused-
On the night of September 11, 1995, at Barangay Bangon in
appellant should not be considered as aggravating. The penalty of
Aroroy, Masbate, then 16-year old victim Nerissa Tagala and her
reclusion perpetua imposed by the trial court is proper. The
grandmother, Counselo Arevalo, were sleeping, when appellant
judgment convicting Armando Regala y Abriol guilty beyond
Armando Regala and his two other companions entered the
reasonable doubt of the crime of Robbery with Rape, where the
former’s house.
victim is entitled to an additional award of P50,000.00 as civil
Appellant and his companions entered the house through the indemnity.
kitchen and went to the room of the victims and poked at 8-inch
 PP VS SULTAN 4/27/00
gun on them, one after the other, and hogtied both of them.
Armando raped Nerissa in bed while her grandmother was
hogtied on the floor. Later, she saw her grandmother’s aparador Complaining witness Juditha Bautistaa was on her way home
being opened where two rings, two wrist watches, and money when a certain FernandoSultan pointed an ice pick on her,
were taken from the aparador. After raping her in bed, Nerissa announcing it was hold-up. The accused grabbed Bautista onhis
saw accused-appellant counting the money taken from the house and get all her jewelries of the latter and a sum of P 130.00.
Page 16 of 36
After taking the valuable,Sultan raped Bautista two times using  PP VS SURILLA JR G.R. No. 178540
intimidation. The accused was found guilty of the crime of rape committed
against his 14 year old daughter.
Crime Committed:
Special Complex Crime of Robbery and Rape
There are 3 guiding principles in rape cases: (1) an accusation for
Contention of the People: rape can be made with facility; it is difficult to prove but more
difficult for the person accused, though innocent to disprove; (2)
All elements of the crime of robbery as stated by Article 293 of in view of the intrinsic nature of the crime of rape where only 2
theRevised Penal Code were present. Likewise, on the crime of persons are usually involved, the testimony of the complainant
rape, the used of intimidation wassufficient to make the must be scrutinized with extreme caution; and (3) the evidence
complainant submit herself to him against her will for fear of life for the prosecution must stand or fall on its own merits and
andpersonal safety. cannot be allowed to draw strength from the weakness of the
evidence for the defense. Here, the trial court’s finding as to the
Contention of the Accused:
credibility of the complainant’s testimony deserve respect.
For the crime of robbery, the testimony of the complaint should Further, the accused escaped from jail and was only recaptured.
notbe given weight and credence as no evidence was presented in Flight is an implied admission of guilt and his desire to evade
the court to prove her claim. Asto the rape, the requisite for or responsibility therefore. Death penalty however cannot be
intimidation was not proven beyond reasonable doubt imposed because relationship of complainant with the accused
becauseconsent to the sexual intercourse was given. was not alleged in the information.


Fernando Sultan was found guilty of the special complex of crime  PP VS OPERO 6/11/1981
of robbery with rape,however, the additional rape committed was Facts:
not considered aggravating circumstance becausethere is no law
At about 4:00 o'clock in the morning of April 27, 1978, Salvador
passed providing that the additional rape/s may be considered
Oliver, a GSIS security guard assigned to the House International
Hotel at Ongpin Street, Binondo, Manila, was informed by
 PP VS TIMPLE 238 SCRA 52 Demetrio Barcing another security guard, that the latter picked
Robbery with Homicide; where rape was committed during the up a little girl about three years old loitering at the second floor
course of the robbery with homicide, the rape is considered as an of the building. Rafael Ordona a janitor of the House International
aggravating circumstance.- The trial court correctly designated Hotel, told Oliver that the little girl is residing at Room 314 of the
the crime as robbery with homicide, with rape being considered hotel. Oliver called up Room 314 by telephone and when nobody
as an aggravating circumstance. In the two instances when the answered, he and Barcing brought the little girl to said Room 314.
assailants struck, their overriding intention was to commit Upon reaching Room 314, Oliver knocked at the door, and when
robbery. After the children had been hogtied in the Semacios nobody answered, he pushed the door open but he smelled foul
premises, one of the armed men demanded money and jewelry. odor emanating from the room. Oliver covered his nose with a
Thereafter, they started to ransack the house. When the husband handkerchief and together with Barcing and the little girl, they
of Zenaida arrived, the robbers went out promptly and killed him entered the room where they saw prostrate on a bed a dead
and his luckless companions. In the house of the Samoys, all the person with the face down and both feet tied. Oliver called up the
male occupants were asked to come out first. Only then did the homicide division of the Manila Police. Patrolman Fajardo who
men begin to ransack the place. After ransacking the house, the was assigned to investigate the report of Oliver, together with
male occupants were shot to death. As for the rapes committed some funeral parlor men arrived at the scene, and they saw a
then, the trial court was correct in treating the rapping of Elvira small baby crying and trying to get out of a crib near the bed of
Samoh and Zenaida Semacio as an aggravating circumstance. the dead person.

The number of persons killed does not alter the characterization The dead body at Room 314 of the House International Hotel was
of the offense as robbery with homicide, but the multiplicity of that of Liew Soon Ping, Room 314 had been ransacked and
the victims slain should be appreciated as an aggravating personal belongings thrown all around. The hands and feet of the
circumstance.- While the number of persons killed does not alter dead person were tied and the body was bloated. A towel was
the characterization of the offense as robbery with homicide, the tied around the mouth of the victim.
multiplicity of the victims slain should have been appreciated as
After conducting a preliminary inquiry around the vicinity of the
an aggravating circumstance. This would preclude an anomalous
incident, Patrolman Fajardo made an advance report naming
situation where, from the standpoint of the gravity of the offense,
therein three suspects, namely, Diego Opero, Milagros Villegas,
robbery with one killing should be treated in the same way that
Asteria Avila and a fourth unidentified suspect. Diego Opero and
robbery with multiple killings would be.
Page 17 of 36
Asteria Avila were picked up by the Samar P.C. and some of the six years. This wasconfirmed by AAA¶s physical examination
missing articles, namely, one (1) camera, flashlight, bill fold, and indicating prior and recent penetration injuries.BBB
other personal belongings were recovered from them corroborated AAA¶s testimony. She testified that she knew about
appellant¶s dastardly acts. However, because he would beat her
Opero in his supplemental statement admitted that he had up and accuse AAA of lying whenever she confronted him, she
robbed the victim and Identified some of the missing articles kept her silence.Thus, when she caught appellant in the act of
recovered from his possession. He described in detail how he molesting her daughter on December 25, 1999, she immediately
planned the robbery and named the rest of his coaccused as proceeded to the police station and reported the incident.The
willing participants. He also narrated in his said supplemental Trial Court found appellant guilty beyond reasonable doubt of
statement that he and his co-accused Lacsinto subdued the victim committing the crime of rape under Article335 of the Revised
by assaulting her, tying up her hands and feet stabbing her and Penal Code in relation to Section 5 Article III of RA 7610 and
stuffing her mouth with a piece of pandesal. In his first sentenced him to death.The appellate court on the other hand
assignment of error, appellant advances the theory that he never affirmed the findings of the trial court but modified the penalty
intended to kill the deceased, his intention being merely to rob and awardof damages. In view of the enactment of RA 8353 and
her, for if indeed he had the intention to kill her, he could have RA 9346, the CA found appellant guilty only of simplerape and
easily done so with the knife, and therefore, his liability should be reduced the penalty imposed to reclusion perpetua.
only for robbery.
Issue: Whether or not the appellant is guilty of robbery only.
Is the accused correctly charged with simple rape?
No. It was been repeatedly held that when direct and intimate
connection exists between the robbery and the killing, regardless The decision of the Court of Appeals is affirmed with
of which of the two precedes the other, or whether they are modification. He is found guilty of simple rape and issentenced to
committed at the same time, the crime committed is the special suffer the penalty of reclusion perpetua and pay damages.
complex crime of robbery with homicide. If the circumstances
would indicate no intention to kill, as in the instant case were
evidently, the intention is to prevent the deceased from making
an outcry, and so a "pandesal" was stuffed into her mouth, the Under Section 5(b), Article III of RA 7610 in relation to RA 8353,
mitigating circumstance of not having intended to commit so if the victim of sexual abuse is below 12years of age, the offender
grave a wrong may be appreciated. The stuffing of the "pandesal" should not be prosecuted for sexual abuse but for statutory rape
in the mouth would not have produced asphyxiation had it not under Article 266-A(1)(d) of the Revised Penal Code and
slid into the neckline, "caused by the victim's own movements, " penalized with reclusion perpetua.
according to Dr. Singian. The movements of the victim that caused
the "pandesal" to slide into the neckline were, however, On the other hand, if the victim is 12years or older, the offender
attributable to what appellant and his co-accused did to the should be charged with either sexual abuse under Section 5(b) of
victim, for if they did not hogtie her, she could have easily RA 7610 or rape under Article 266-A (except paragraph 1[d]) of
removed the "pandesal" from her mouth and avoided death by the Revised Penal Code. However, the offender cannot be accused
asphyxiation. of both crimes for the same act because his right against double
jeopardy will be prejudiced. A person cannot be subjected twice
It may not avail appellant to contend that the death was by mere to criminal liability for a single criminal act. Likewise, rape cannot
accident for even if it were so, which is not even beyond doubt for be complexed with a violation of Section 5(b) of RA 7610. Under
the sliding of the pandesal into the neckline to produce Section 48 of the Revised Penal Code (on complex crimes),a
asphyxiation could reasonably have been anticipated, it is a felony under the Revised Penal Code (such as rape) cannot be
settled doctrine that when death supervenes by reason or on the complexed with an offense penalized by a special law. In this case,
occasion of the robbery, it is immaterial that the occurrence of the victim was more than 12 years old when the crime was
death was by mere accident. What is important and decisive is committed against her. The Information against appellant stated
that death results by reason or on the occasion of the robbery. that AAA was 13 years old at the time of the incident. Therefore,
appellant may be prosecuted either for violation of Section 5(b)
of RA 7610 or rape under Article 266-A (except paragraph1[d]) of
the Revised Penal Code. While the Information may have alleged
 PP VS ABAY JR 9/19/08ART 299 the elements of both crimes, the prosecution’s evidence only
Facts: established that appellant sexually violated the person of AAA
through force and intimidation by threatening her with a bladed
Appellant Roberto Abay was charged with the rape of AAA, a
instrument and forcing her to submit to his bestial designs.
minor, 13 years of age. According to Dr.Guerrero-Manalo, AAA
Thus ,rape was established.
confided to her that appellant had been sexually abusing her for

Page 18 of 36
robbers; and the presumption in the Code that said accused are
brigands if they use unlicensed firearms no longer obtains under
 PP VS PUNO 219 SCRA 85 ART 299 the decree.
The main object of the Brigandage Law is to prevent the
In the afternoon of January 13, 1988, the accused Isabelo Puno formation of bands of robbers. The heart of the offense consists in
who is the personal driver of Mrs Sarmiento’s husband (who was the formation of a band by more than three armed persons for
away in Davao) told Mrs. Socorro that her own driver was not the purpose indicated in art. 306. Such formation is sufficient to
available so Isabelo had to take his place. Going home, a young constitute a violation of art. 306. It would not be necessary to
man, accused Enrique Amurao, boarded the car. The car sped off show, in a prosecution under it, that a member or members of the
north towards the North superhighway. There Isabelo, Beloy as band actually committed robbery or kidnapping or any other
he is called, asked Ma. Socorro to issue a check for P100,000.00. purpose attainable by violent means. The crime is proven when
Ma. Socorro complied. She drafted 3 checks in denominations of the organization and purpose of the band are shown to be such as
two for P30 thousand and one for P40 thousand. Mrs Socorro are contemplated by art 306. On the other hand, if robbery is
was able to jump out of the car and flag down a fish vendor van. committed by a band, whose members were not primarily
She then reported the matter to the authorities. organized for the purpose of committing robbery or kidnapping,
etc., the crime would not be brigandage, but only robbery
RTC: Robbery with extortion committed on a highway (Violation
of P.D. 532) sentenced to reclusion perpetua and indemnify the It is hard to conceive of how a single act of robbery against a
victim. particular person chosen by the accused could be considered as
committed on the “innocent and defenseless inhabitants who
Issue: W/N the crime committed is kidnapping for ransom under travel from one place to another” and which would be capable of
Art. 267 as charged in the information or violation of the PD 532 “stunting economic and social progress of the people.” Moreover,
(anti-Piracy and Anti-Highway Robbery Law of 1974) as found by The court erred in ruling that the fact that the crime of robbery
the trial court, or the offense of simple robbery punished by par. committed by appellants should be covered by the said
5, Art. 294, as claimed by the defense? amendatory decree just because it was committed on a highway.
SC: RTC decision SET ASIDE. Convicted of Simple Robbery, par 5 3. The crime IS simple robbery defined in Art. 293 punished
of Article 294 in rel to Art. 295 of the RPC. Imposing on them an under par 5 of Art. 294 of the RPC. Appellants have indisputably
indeterminate sentence of 4 years and 2 months of prision acted in conspiracy as shown by their concerted acts evidentiary
correctional as minimum to 10 years of prison mayor as of a unity of thought and community of purpose. In the
maximum and to indemnify victims plus damages. determination of their respective liabilities, the aggravating
circumstances of craft shall be appreciated against both
appellants and that of abuse of confidence shall be further
1. The crime is not kidnapping for ransom. For this crime to exist, applied against appellant Puno, with no mitigating circumstance
there must be proof that the actual intent of the malefactors was in favor of either of them. At any rate, the intimidation having
to deprive the victim of her liberty and not where such restraint been made with the use of a firearm, the penalty shall be imposed
of her freedom of action was merely an incident in the in the maximum period as decreed by Article 295 of the Code.
commission of another offense primarily intended by the
No procedural obstacle on conviction of appellants despite the
offenders. In this case, the defendants had no intention
information charging them with kidnapping for ransom, since the
whatsoever to kidnap or to deprive the complainant of her
former offense which has been proved is necessarily included in
personal liberty as demonstrated in the confessional testimony of
the latter offense with which they are charged.
Puno. (They were willing to let her go after receiving the money)

Neither was there ransom, which is defined as the money, price or

consideration paid or demanded for redemption of a captured  VALENZUELA VS PEOPLE 6/21/07ART 308
person or persons, a payment that releases from captivity. The Principle:
complainant gave cash and checks demanded from her at
gunpoint which cannot be reconciled with the concept of ransom The most fundamental notion in the crime of theft is the taking of
in the law of kidnapping. the thing to be appropriated into the physical power of the thief,
which idea is qualified by other conditions, such as that the
2. The crime is not of highway robbery as contemplated by PD taking must be effected animo lucrandi and without the consent
532, which is a modification of Art. 306 and 307 on brigandage. of the owner; and it will be here noted that the definition does
PD 532 punishes as highway robbery or brigandage only acts of not require that the taking should be effected against the will of
robbery perpetrated by outlaws indiscriminately against person the owner but merely that it should be without his consent, a
on Philippine highways. Furthermore, the decree does not require distinction of no slight importance.
that there be at least four armed persons forming a band of

Page 19 of 36
Facts: 3. Any person who shall enter an
inclosed estate or a field
Accused Valenzuela was charged for the crime of theft. where trespass is forbidden
He and Jovy Calderon were spotted by Security Guard Lorenzo or which belongs to another
Lago within the Super Sale Club, inside SM complex along North and without the consent of
Edsa. Lago saw the accused hauling a push cart with cases of Tide its owner, shall hunt or fish
detergent. The accused unloaded the cases in an open parking upon the same or shall
space, returned inside the supermarket with more Tide gather cereals, or other
detergent. He then hailed a taxi and headed to where Calderon forest or farm products.
waited. All the detergents were loaded on board the taxi. Lago
then asked him for a receipt of the merchandise, both the accused
and Calderon fled on foot but Lago fired a warning shot to alert
other security guards in the area. They were apprehended. The Article 308 provides for a general definition of theft, and three
aggregate value of the goods amounted to P12,090.00. They were alternative and highly idiosyncratic means by which theft may be
charged with theft. committed. In the present discussion, we need to concern
ourselves only with the general definition since it was under it
that the prosecution of the accused was undertaken and
sustained. On the face of the definition, there is only one
The RTC convicted both of the accused for the crime of operative act of execution by the actor involved in theft ─ the
consummated theft and were sentenced to two years of prision taking of personal property of another. It is also clear from the
correccional as minimum to seven years of prision mayor as provision that in order that such taking may be qualified as theft,
maximum. Only the accused petitioner filed his brief before the there must further be present the descriptive circumstances that
Court of Appeals, arguing that he should be liable only for the the taking was with intent to gain; without force upon things or
crime of frustrated theft since he was never placed in a position violence against or intimidation of persons; and it was without
to freely dispose of the article stolen. The Court of Appeals the consent of the owner of the property.
rejected this contention.

Essential matter to ask whether the crime of theft is

Issue: Whether or not he committed theft in its Frustrated or frustrated or consummated.
Consummated theft.
On the critical question of whether it was consummated or
Ruling: Consummated theft. frustrated theft, we are obliged to apply Article 6 of the Revised
Penal Code to ascertain the answer. Following that provision, the
Statutory definition of theft. theft would have been frustrated only, once the acts committed by
petitioner, if ordinarily sufficient to produce theft as a
consequence, do not produce [such theft] by reason of causes
Art. 308. Who are liable for theft. Theft is independent of the will of the perpetrator. There are clearly two
committed by any person who, with intent to determinative factors to consider: that the felony is not produced,
gain but without violence against or and that such failure is due to causes independent of the will of
intimidation of persons nor force upon things, the perpetrator. The second factor ultimately depends on the
shall take personal property of another evidence at hand in each particular case. The first, however, relies
without the latters consent. primarily on a doctrinal definition attaching to the individual
felonies in the Revised Penal Code as to when a particular felony
Theft is likewise committed by: is not produced, despite the commission of all the acts of
execution. So, in order to ascertain whether the theft is
1. Any person who, having found consummated or frustrated, it is necessary to inquire as to how
lost property, shall fail to exactly is the felony of theft produced. Parsing through the
deliver the same to the local statutory definition of theft under Article 308, there is one
authorities or to its owner; apparent answer provided in the language of the law that theft is
already produced upon the tak[ing of] personal property of
2. Any person who, after having another without the latters consent.
maliciously damaged the
property of another, shall
remove or make use of the
fruits or object of the When is there unlawful taking; in the case at bar; only
damage caused by him; and attempted or consummated.

Page 20 of 36
Indeed, we have, after all, held that unlawful taking, the accused to return it to Lucio Pilares. The purse was never
or apoderamiento, is deemed complete from the moment the returned. As a result, the Pilares made a complaint and Tiburcio
offender gains possession of the thing, even if he has no was arrested. He initially denied knowledge of the purse but
opportunity to dispose of the same. And long ago, we asserted eventually told the authorities that he handed the purse to
in People v. Avila: Clemente Avila. A search warrant was procured and the search in
the home of the accused produced a solitaire stone and a locket
containing picture of Lucio Pilares and his wife.

x x x [T]he most fundamental notion in the

crime of theft is the taking of the thing to be
appropriated into the physical power of the Issue: 1st, whether or not Tiburcio de los Santos is liable for the
thief, which idea is qualified by other crime of theft.
conditions, such as that the taking must be
effected animo lucrandi and without the 2nd, whether or not Clemente was properly accused of Theft.
consent of the owner; and it will be here noted
that the definition does not require that the
taking should be effected against the will of the
owner but merely that it should be without his
consent, a distinction of no slight importance. 1st issue, No.

Insofar as we consider the present question, unlawful taking is In the meeting the case thus sketched the efforts of the defense
most material in this respect. Unlawful taking, which is the appear to have been chiefly directed towards the creation of a
deprivation of ones personal property, is the element which doubt upon the point whether or not the valuables might not
produces the felony in its consummated stage. At the same time, have been appropriated by Tiburcio de los Santos, but a perusal
without unlawful taking as an act of execution, the offense could of the testimony of the two girls who got into the carretela at the
only be attempted theft, if at all. With these considerations, we same time as the accused is convincing that the purse was
can only conclude that under Article 308 of the Revised Penal delivered intact to him by Tiburcio, and without knowledge on
Code, theft cannot have a frustrated stage. Theft can only be the part of the latter of the valuable contents contained therein.
attempted or consummated. Nor do we think there is any force in the suggestion that the
officers searching the house of the accused may have
surreptitiously introduced the objects which were found in or
 PEOPLE VS AVILA under the dresser.
Eman, a vagrant, found a bag containing identification cards and a
diamond ring along Roxas Blvd. Knowing that it was not his, he
went to a nearest police station to seek help in finding the owner 2nd issue, Theft.
of the bag. At the precint PO1 Melvin attended to him. In the
investigation Eman proposed to PO1 Melvin, "in case you don't Fundamental Considerations.
find the owner let's just pawn straight to the pawnshop and
pawned the ring for P50,000.00 Eman never saw PO1 Melvin The most fundamental notion in the crime of theft is the taking of
again. the thing to be appropriated into the physical power of the thief,
which idea is qualified by other conditions, such as that the
a. What is the criminal liability of Eman, If any? Explain. taking must be effected animo lucrandi and without the consent
( 3% ) of the owner; and it will be here noted that the definition does
b. What is the criminal liability of PO1 Melvin, is any?
not require that the taking should be effected against the will of
Explain ( 3% )
the owner but merely that it should be without his consent, — a
distinction of no sight importance.

The wife of Lucio Pilares carried a purse containing

paper money, a gold coin and jewels. When they alighted from the Upon these considerations it is evident that the taking and
carratela, she left the purse in the carratela. The driver of the appropriation of a thing by one who finds it, knowing the same to
carratela, Tiburcio de los Santos, cleaned or arranged the interior have been misplaced or lost by the true owner, and with
and found the purse and picked it up. The accused, Clemente knowledge of his identity, is legitimately within the classical
Avila, policeman, alos boarded the carratela, along with two other definition of theft; and in giving expression to the second
passenger. Tiburcio handed the purse to the accused and asked subsection of article 517 of the Penal Code, the authors of the

Page 21 of 36
Code have merely extended the general definition to a special
case about which otherwise some doubt might have existed; and
we cannot impute to them the clumsy mistake of having imported The same writer then passes on to a proposition more directly
into the law of theft a form of offense foreign to that conception connected with the case now before us, since it relates to the act
and which should properly have been incorporated in the chapter of misappropriation by one who receives the property by
dealing with estafa. voluntary substitution from the actual finder. Upon this the rule
there formulated is this: "One who receives property from the
finder thereof assumes, in legal contemplation, by voluntary
substitution, as to the property and the owner, the relation
What has been said is of the greatest practical importance in occupied by the finder, placing himself in the finder's stead. In
dealing the problem now in hand, for it determines the proper such a case, whether the person taking the property in guilty
point of view for the correct interpretation of the provision must be determined on the same principles that govern in the
relating to the theft of found property; namely, that the provision case of the actual finder." (17 R. C. L., 36.)
should be interpreted according to its true spirit and conformably
with the doctrines that inform it. If we had discovered that this
form of theft is really a specifies of estafa wrenched from its
proper associations and artificially placed under a heading where In Allen vs. State (91 Ala., 19), some children found a pocketbook
it does not belong, much could be said in favor of a strict and containing money and certain papers sufficient to identify the
literal interpretation; but when it is made to appear that the owner. Upon arriving home, the children delivered the purse to
criminal misappropriation of found property is theft upon their father, who converted it to his own use. It was held that the
general principles of jurisprudence and not some other crime, it accused was properly convicted and that his guilt was to be
becomes obvious that the provision in question should be applied determined by the same principles that would have governed if
in accordance with its true spirit. he had been the actual finder. In the course of the opinion the
following language was used:

* * * Finding it, and its delivery to the defendant by the

Why Theft? finder, did not deprive the money, as to the owner, of the
character or status of lost property; the ownership
We now approach the noteworthy fact, which is, that although the remained in him, drawing to it, constructively, the right
common law has exactly the same general definition of theft as of possession. When defendant took the money from his
that found in the Spanish Code, and notwithstanding the further children, he knew it had been lost, and took it as such. It
fact that the crime has never been specially defined so as to is manifest the children had no felonious intent, and
include the offense of misappropriation by the finder, properly delivered the money to their father for his
nevertheless the common-law courts in modern times are disposition. By receiving it from his children, knowing it
unanimous upon the proposition that the misappropriation of was lost, defendant assumed, in legal contemplation, by
lost property, under the conditions defined in subsection 2 of voluntary substitution, as to the money and the owner,
article 517 of the Penal Code, constitutes theft and no other the relation occupied by the finders, placing himself in
crime. We shall not incumber this opinion with any detailed their stead. Otherwise a person knowingly receiving lost
statements of the development of American and English law on property from the finder, who had no intent to steal,
this subject; but we insert reference that will enable any person with the felonious intent to appropriate it to his own
whose curiosity has been aroused to examine the matter for use, escapes punishment. In such case, whether or not
himself. (Stephen, History of Criminal Law of England, vol. III, pp. the person taking the money is guilty of larceny must be
121-176; Pollock, Possession in Common Law, pp. 171-187; determined on the same principles which govern in the
State vs. Hayes, 37 L. R. A., 116, 121, et seq.; People vs. Miller, 88 case of the actual finder.
Am. St. Rep., 546, 559; 25 Cyc., 35.) Says the author of the title
"Larceny" in Ruling Case Law; ". . . The place where the property
is found does not affect the question whether it is a subject of
larceny. The accepted definition of the offense extends to the  PEOPLE VS LAOG GR 1783281
taking and carrying away of goods from any place. Property
which has been thrown away and abandoned becomes no man's
property. The former owner loses his title and all claim to it, and  SERRANO VS CA ART 315
one who finds it can claim it as his own. Hence, property which ROSALINDA SERRANO, petitioner, vs. COURT OF APPEALS and
has been abandoned is not the subject of larceny. It is a crime PEOPLE OF THE PHILIPPINES, respondents.
against the United States to steal property from a wrecked
[G.R. No. 123896. June 25, 2003]
vessels. Property must have been voluntarily abandoned or the
taking may constitute larceny. Thus it has been held to be larceny Facts:
to take clothes from a dead body cast up by the sea, on the ground
that they were not voluntarily abandoned." (17 R. C. L., 36.)
Page 22 of 36
Three informations were filed on June 18, 1985, charging remit the boundary fee in the amount of P780.00 per day. On
petitioner, along with Nelia Giron (Nelia) and Edna Sibal (Edna), December 25,1996, appellant admittedly reported for work and
with estafa through falsification of commercial documents. drove the taxi, but he did not return it on the same day as he was
supposed to. The owner of ESC reported the taxi stolen. On
Petitioner posits that from the handwritten memorandum dated January 9, 1997, Bustinera's wife went to ESC Transport and
June 8, 1988 reading: revealed that the taxi had been abandoned. ESC was able to
recovered. The trial court found him guilty beyond reasonable
Witnesses hereat confirms (sic) that Edna Sibal signed a doubt of qualified theft.
promissory note for P553,500.- dated October 9, 1984 in favor of
Mr. Ramon C. Mojica. This supersedes the promissory note of HELD:
Edna Sibal signed in favor of Rosalina (sic) Serrano.
Bustinera was convicted of qualified theft under Article 310 of
below which Mojica affixed his signature along with two others, the Revised Penal Code, as amended for the unlawful taking of a
she is exculpated from criminal liability. motor vehicle. However, Article 310 has been modified, with
respect to certain vehicles, by Republic Act No. 6539, as amended,
By petitioners claim, under the promissory note dated October 9, otherwise known as "AN ACT PREVENTING AND PENALIZING
1984 mentioned in the above-quoted handwritten memorandum CARNAPPING. "When statutes are in pari materia or when they
which note was, by the way, never presented in evidence, Edna relate to the same person or thing, or to the same class of persons
undertook to return the proceeds of the subject dollar or things, or cover the same specific or particular subject matter,
transactions, which undertaking was allegedly unconditionally or have the same purpose or object, the rule dictates that they
accepted by Mojica. To petitioner, the acceptance by Mojica of should be construed together. The elements of the crime of theft
Ednas promise to pay effectively converted or novated the as provided for in Article 308 of the Revised Penal Code are: (1)
transactions of the parties into ordinary creditor-debtor that there be taking of personal property; (2) that said property
relationship, hence, Mojica is in estoppel to insist on their original belongs to another; (3) that the taking be done with intent to
relationship. gain; (4) that the taking be done without the consent of the
owner; and (5) that the taking be accomplished without the use
of violence against or intimidation of persons or force upon
Petitioners position is bereft of merit. Novation is not one of the things. Theft is qualified when any of the following circumstances
grounds prescribed by the Revised Penal Code for the extinction is present: (1) the theft is committed by a domestic servant; (2)
of criminal liability. the theft is committed with grave abuse of confidence; (3) the
property stolen is either a motor vehicle, mail matter or large
[I]t is well-settled that criminal liability for estafa is not affected cattle; (4) the property stolen consists of coconuts taken from the
by compromise or novation of contract, for it is a public offense premises of a plantation; (5) the property stolen is fish taken
which must be prosecuted and punished by the Government on from a fish pond or fishery; and (6) the property was taken on the
its own motion though complete reparation should have been occasion of fire, earthquake, typhoon, volcanic eruption, or any
made of the damage suffered by the offended party. As was said in other calamity, vehicular accident or civil disturbance. On the
the case of People vs. Gervacio, a criminal offense is committed other hand, Section 2 of Republic Act No.6539, as amended
against the People and the offended party may not waive or defines "car napping" as "the taking, with intent to gain, of a
extinguish the criminal liability that the law imposes for the motor vehicle belonging to another without the latter's consent,
commission of the offense. The fact, therefore, that the accused or by means of violence against or intimidation of persons, or by
herein had, with the consent of the offended party, assumed the using force upon things." The elements of car napping are thus:
obligation of paying the rentals, which he collected, out of his own (1) the taking of a motor vehicle which belongs to another; (2)
salary after he had committed the misappropriation, does not the taking is without the consent of the owner or by means of
obliterate the criminal liability incurred. violence against or intimidation of persons or by using force upon
things; and (3) the taking is done with intent to gain. Car napping
The handwritten memorandum, even assuming that the alleged is essentially the robbery or theft of a motorized vehicle, the
promissory note of Edna mentioned therein actually exists, concept of unlawful taking in theft, robbery and car napping
cannot exculpate petitioner from criminal liability, especially in being the same. From the foregoing, since appellant is being
the absence of a showing that there was an unmistakable intent accused of the unlawful taking of a Daewoo sedan, it is the anti-
to extinguish the original relationship between Mojica on the one car napping law and not the provisions of qualified theft which
hand, and petitioner, Nelia and Edna on the other. would apply.

 PP VS BUSTINERA 6/8/04 ART 315  PP VS NERY 10 SCRA 244

FACTS: Estafa-Novation

ESC Transport hired Luisito Bustinera as a taxi driver. It was F:

agreed that appellant would drive the taxi from 6:00 a.m. to 11:00
p.m., after which he would return it to ESC Transport's garage and
Page 23 of 36
On 15 November 1954, in a market stall in Bacolod City, the said The novation theory may perhaps apply prior to the filing of the
accused received from Federico Matillano two (2) diamond rings criminal information in court by the state prosecutors because up
to be sold by her on commission. The agreement was for the to that time the original trust relation may be converted by the
accused to deliver, on the following the sum of P230.00 to her parties into an ordinary creditor-debtor situation, thereby
principal, to whom the accused had represented having a ready placing the complainant in estoppel to insist on the original trust.
buyer, and whatever overprice price could be obtained in the sale But after the justice authorities have taken cognizance of the
would be retained the accused as her commission. crime and instituted action in court, the offended party may no
longer divest the prosecution of its power to exact the criminal
Soledad Nery failed to show up on the following day; after several liability, as distinguished from the civil.
days, in a casual encounter with Francisco Matillano, she claimed
that her prospective buyer withdrew from the transaction and In the Galsim case, the principal had accepted the sub-agent to
that she was looking for another buyer. Days, weeks, and months answer for the jewelry, thereby releasing the agent. In the case of
passed; and, his patience exhausted, Federico brought the matter Trinidad, the Court expressly found that the compromise had
to attention of the police authorities of Bacolod on 5 January taken place "immediately after the loss of the money in question,
1955. In no time, Soledad was found and brought to the police and long before the case was brought to court". In the case before
station; then and there, she promised, in writing (Exh. "A"), to us, however, the alleged novation occurred after the criminal case
deliver the price of the rings on 25 January 1955. had been instituted, and while it was pending trial. The novation
theory advanced by the accused has been rejected by the
When the last-mentioned date arrived and Soledad failed to Supreme Court.
comply with her promise, the City Attorney, at the instance of
Federico Matillano, filed on 12 February 1955 a complaint with  PP VS LEE 4/11/05
the municipal court. The case was either withdrawn or dismissed,
however, the accused making two payments of P20.00 each to  PP VS NEPOMOCENO 4/ 30/08
Federico. After these payments the accused failed to pay further;
hence, the fiscal filed the corresponding information dated 30  GUINGONA VS CITY FISCAL OF MANILA 128
June 1958 with the court of first instance. SCRA 577

On 10 October 1958, during the pendency of the case in the court  U.S. VS. KOTTINGER
of first instance, the accused, assisted by counsel, Atty. Marcos Facts:
Gomez, executed a deed, which is copied hereunder as follows:
On 24 November 1922, detective Juan Tolentino raided the
Bacolod City premises known as Camera Supply Co. at 110 Escolta, Manila. He
found and confiscated the post-cards which subsequently were
October 10, 1958 used as evidenced against J. J. Kottinger, the manager of the
company. The information filed in court charged him with living
I hereby promise to pay Mr. Federico Matillano, the sum of One kept for sale in the store of the Camera Supply Co., obscene and
Hundred Ninety Pesos (P190.00) Philippine Currency, to be paid indecent pictures, in violation of section 12 of Act 277. To this
in the following manner: information, Kottinger interposed a demurrer based upon the
ground that the facts alleged therein did not constitute an offense
For the month of Nov. 1958 — P50.00 and were not contrary to law; but the trial court overruled the
demurrer. Following the presentation of evidence by the
For the month of Dec. 1958 — 40.00 Government and the defense, judgment was rendered finding
Kottinger guilty of the offenses charged and sentencing him to
For the month of Jan. 1959 — 100.00
pay a fine of P50 with subsidiary imprisonment in case of
During the month of March, 1959, the accused Soledad Nery insolvency, and the costs. Kottinger appealed.
tendered a P50.00-payment to Federico Matillano, which the
Issue: Whether pictures portraying the inhabitants of the
latter accepted, but the balance of the price of type two rings was
country in native dress and as they appear and can be seen in the
never paid.
regions in which they live, are obscene or indecent.
The accused in the present case insists that there is no
The pictures which it is argued offend against the law on account
prohibition in our law to prevent the parties to a contract to
of being obscene and indecent, disclose six different postures of
novate it so that any incipient criminal liability under the first is
non-Christian inhabitants of the Philippines ("Philippines, Bontoc
thereby avoided.
Woman"; a picture of five young boys and carries the legend
R: "Greetings from the Philippines"; "Ifugao Belle, Philippines.
Greetings from the Philippines"; "Igorrot Girl, Rice Field

Page 24 of 36
Costume"; "Kalinga Girls, Philippines"; and "Moros, Philippines") PEOPLE VS ABELLO
None of the pictures represented posses which he had not [G.R. No. 151952. March 25, 2009.
observed on various occasions, and that the costumes worn by
FACTS: The victim in these cases is twenty-one (21) year old
the people in the pictures are the true costumes regularly worn
AAA. She contracted polio when she was seven (7) months old.
by them, according to Dr. H. Otley Beyer, Professor in the She was not able to study on account of her difficulty in walking.
University of the Philippines. Although the Federal statutes
prohibits the importation of shipment into the Philippine Islands
On June 30, 1998 at around 4:00 o'clock (sic) in the
of the following: "Articles, books, pamphlets, printed matter, early morning, AAA was sleeping in their house in
manuscripts, typewritten matter, paintings, illustrations, or Kalyeng Impiyerno, Navotas, Metro Manila along with
objects of obscene or indecent character or subversive of public her sister-in-law and nephew. She was suddenly
order"; there are, in the record, copies of reputable magazines awakened when Abello . . . mashed her breast. Come July
which circulate freely thru-out the United States and other 2, 1999 at around 3:00 a.m. Abello again mashed the
breast of AAA practically under the same previous
countries, and which are admitted into the Philippines without
situation while the latter was sleeping. In these two
question, containing illustrations into the Philippines without occasions AAA was able to recognize Abello because of
question, containing illustrations identical in nature to those in the light coming from outside which illuminated the
the present case. Publications of the Philippine Government have house. Then on July 8, 1998, at around 2:00 a.m., Abello
also been offered in evidence such as Barton's "Ifugao Law," the this time placed his soft penis inside the mouth of AAA.
"Philippine Journal of Science" for October, 1906, and the Reports The latter got awaken when Abello accidentally kneeled
of the Philippine Commission for 1903, 1912, and 1913, in which on her right hand. AAA exclaimed "Aray" forcing the
accused to hurriedly enter his room. He was
are found illustrations either exactly the same or nearly akin to
nevertheless seen by AAA. The victim on the same date
those which are now impugned. Tested by the standard set up by reported the incident to her sister-in-law and mother.
the Congress of the United States, it would be extremely doubtful
if the pictures here challenged would be held obscene or indecent ISSUE: WON AAA is a covered under the definition of
by any state of Federal court. It would be particularly unwise to child in RA 7610.
sanction a different type of censorship in the Philippine than in
the United States, or for that matter in the rest of the RULING: NO.
Constitutional Law II, 2005 ( 42 ) Narratives (Berne Guerrero)
world. The pictures in question merely depict persons as they More importantly, AAA cannot be considered a child under
actually live, without attempted presentation of persons in Section 3 (a) of R.A. No. 7610 which reads:
unusual postures or dress. The aggregate judgment of the
Philippine community, the moral sense of all the people in the (a) "Children" refers to person below
Philippines, would not be shocked by photographs of this type. eighteen (18) years of age or
The court is convinced that the post-card pictures in the present those over but are unable to
case cannot be characterized as offensive to chastity, or foul, or fully take care of themselves or
filthy. protect themselves from abuse,
neglect, cruelty, exploitation or
discrimination because of a
physical or mental disability or
condition; [Emphasis supplied]

The implementing rules elaborated on this definition when it

defined a "child" as one who is below 18 years of age or over
said age who, upon evaluation of a qualified physician,
psychologist or psychiatrist, is found to be incapable of
taking care of herself fully because of a physical or mental
disability or condition or of protecting herself from abuse.

While the records show that the RTC, the CA and the investigating
prosecutor who filed the corresponding Informations, considered
AAA's polio as a physical disability that rendered her incapable of
normal function, no evidence was in fact presented showing the
prosecution's compliance with the implementing rules.
Specifically, the prosecution did not present any evidence,
testimonial or documentary, of any medical evaluation or
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX medical finding from a qualified physician, psychologist or
psychiatrist attesting that AAA's physical condition rendered
her incapable of fully taking care of herself or of protecting
herself against sexual abuse. Under the circumstances, we
RA 7610 cannot consider AAA a child under Section 3 (a) of R.A. No. 7610.

Page 25 of 36
In arriving at this conclusion, we consider that since R.A. No. to complain. However, we have held that a child who is "a person
7610 is a special law referring to a particular class in society, the below eighteen years of age or those unable to fully take care of
prosecution must show that the victim truly belongs to this themselves or protect themselves from abuse, neglect, cruelty,
particular class to warrant the application of the statute's exploitation or discrimination because of their age or mental
provisions. Any doubt in this regard we must resolve in favor of disability or condition" is incapable of giving rational consent 71
the accused. DcIHSa to any lascivious act or sexual intercourse. In fact, the absence of
free consent is conclusively presumed when the woman is below
From another perspective, we also note that no evidence has the age of twelve.
been adduced showing that AAA's physical disability prevented
her from resisting Abello's attacks; the evidence only reveals that Under R.A. No. 7610, Sec. 31 (c), relationship is not a
Abello took advantage of the opportunity presented to him (i.e., qualifying circumstance but only an ordinary generic
that AAA and her companions who were then asleep) to commit aggravating circumstance. Thus, although it was not alleged in
the sexual abuses; this inference is supported by the fact that he the information it can nevertheless be taken into account in fixing
stopped his sexual assault when AAA started to awaken. It can the penalty for the crime because it was proven. 74 A generic
also be reasonably deduced from these circumstances that Abello aggravating circumstance provides for the imposition of the
sought to commit the sexual abuses with impunity — without prescribed penalty in its maximum period, while a qualifying
AAA's knowledge and without any interference on her part. circumstance changes the nature of the crime. 75

In light of these conclusions, we cannot hold Abello liable In the case at bar, the only evidence presented to establish AAA's
under R.A. No. 7610. However, we still find him liable for acts alleged relationship to appellant is her birth certificate 76 which
of lasciviousness under Article 336 of the RPC, as amended. mentions appellant as the father. However, said document does
not bear appellant's signature. In fact, appellant, in his testimony,
||| denied that he is AAA's father.
G.R. No. 169143. February 2, 2007||| PEOPLE VS OLAYON
FACTS:Accused Simplicio Delantar y Redondo delivered his [G.R. No. 171863. August 20, 2008.]|||
daughter [AAA] to an Arab national by the name of Mr. Hammond FACTS: The then 22-year old herein respondent Gaspar Olayon
from their house at 2165-A P. Burgos St., Pasay City sometime in was charged with violation of Section 10 (a) of Republic Act No.
1994 selling her in prostitution to the said [A]rab who committed 7610 (THE SPECIAL PROTECTION OF CHILDREN AGAINST
acts of lasciviousness on her person by kissing her on her lips, her ABUSE, EXPLOITATION, AND DISCRIMINATION ACT) in two
breast, her private parts and even rubbing his penis against her separate Informations filed before the Regional Trial Court (RTC)
private parts. of Pasig City, of which the then 14-year old AAA was alleged to be
the victim.||
Accused Simplicio Delantar pimped and delivered the
complainant, an eleven (11) year old minor to Congressman | On or about 10:00 a.m. and 2: 00 pm of January 27, 1997 in
Romeo Jalosjos of the First District of Zamboanga del Norte at the Taguig, Metro Manila and within the jurisdiction of this
Ritz Tower in Makati where the said Congressman for eight (8) Honorable Court, the accused, with lewd designs, did then and
times committed acts of lasciviousness on her person when he
there willfully, unlawfully and feloniously have sexual intercourse
kissed her on her lips, private organ and even raped her. That all
these times, the accused brought his child from their residence at with and commit lewd and lascivious acts upon the person of
2165-A P. Burgos St., Pasay City [AAA], a minor, fourteen (14) years of age.

ISSUE: WON there was a violation of RA 7610. ISSUE: whether consensual sexual intercourse with a minor is
classified as child abuse under Section 10 of R.A. No. 7610.

RULING: YES. Appellant's violation of Sec. 5, Art. III of R.A. No. RULING: NO. As Section 10 refers to acts of child abuse prejudicial
7610 is as clear as day. The provision penalizes anyone who to the child's development other than child prostitution and other
engages in or promotes, facilitates or induces child prostitution sexual abuse 16 under Section 5, attempt to commit child
either by: (1) acting as a procurer of a child prostitute; or (2) prostitution, 17 child trafficking, 18 attempt to commit child
inducing a person to be a client of a child prostitute by means of trafficking, 19 and obscene publications and indecent shows, 20
written or oral advertisements or other similar means; or (3) by the Court of Appeals did not commit grave abuse of discretion in
taking advantage of influence or relationship to procure a child as holding that ". . . 'sexual abuse' [as defined under Section 5] . . . is
a prostitute; or (4) threatening or using violence towards a child a completely distinct and separate offense from 'child abuse' [as
to engage him as a prostitute; or (5) giving monetary defined under Section 10]."
consideration, goods or other pecuniary benefits to the child with
the intent to engage such child in prostitution. CIHAED

The purpose of the law is to provide special protection to children

from all forms of abuse, neglect, cruelty, exploitation and
discrimination, and other conditions prejudicial to their
development. 70 A child exploited in prostitution may seem to
"consent" to what is being done to her or him and may appear not

Page 26 of 36
Consensual sexual intercourse or even acts of lasciviousness with intimidation, did then and there willfully, unlawfully and
a minor who is 12 years old or older could constitute a violation knowingly commit sexual abuse and lascivious conduct
of Section 5 (b) of R.A. No. 7610. For Section 5 (b) punishes sexual against [AAA], a minor, 13 years of age, by then and
intercourse or lascivious conduct not only with a child exploited there kissing her breast and whole body, lying on top of
in prostitution but also with a child subjected to other sexual her and inserting his penis into her vagina, thus
abuse. 21 succeeded in having carnal knowledge of her, against
her will and consent thereafter threatening to kill her
Section 2 (g) of the Rules and Regulations on the Reporting and should she report the incident, thereby gravely
Investigation of Child Abuse Cases, promulgated to implement endangering her survival and normal growth and
R.A. No. 7610, defines "sexual abuse" as including "the development, to the damage and prejudice of [AAA].
employment, use, persuasion, inducement, enticement or
coercion of a child to engage in, or assist another person to ISSUE: WON ACCUSED IS GUILTY UNDER RA 7610.
engage in, sexual intercourse or lascivious conduct or the
molestation, prostitution, or incest with children." (Underscoring RULING: NO.
In view of the enactment of RA 8353 7 and RA 9346, 8 the CA
For consensual sexual intercourse or lascivious conduct with a found appellant guilty only of simple rape and reduced the
minor, who is not exploited in prostitution, to thus fall within the penalty imposed to reclusion perpetua.|||
purview of Section 5 (b) of R.A. No. 7610, "persuasion,
inducement, enticement or coercion" of the child must be
present. Under Section 5 (b), Article III of RA 7610 12 in relation to RA
8353, 13 if the victim of sexual abuse 14 is below 12 years of age,
In People v. Larin, 22 the information alleged that the therein the offender should not be prosecuted for sexual abuse but for
accused took advantage of his authority, influence, and moral statutory rape under Article 266-A (1) (d) of the Revised Penal
ascendancy as trainor/swimming instructor of the minor victim Code 15 and penalized with reclusion perpetua. 16 On the other
23 which the Court found constituted "psychological coercion". hand, if the victim is 12 years or older, the offender should be
24 In convicting the therein accused for lascivious acts, the Court charged with either sexual abuse 17 under Section 5 (b) of RA
held: 7610 or rape under Article 266-A (except paragraph 1 [d]) of the
Revised Penal Code.However, the offender cannot be accused of
both crimes 18 for the same act because his right against double
It must be noted that [Republic Act No. jeopardy will be prejudiced. A person cannot be subjected twice
7610] covers not only a situation in which a to criminal liability for a single criminal act. 19 Likewise, rape
child is abused for profit, but also one in cannot be complexed with a violation of Section 5 (b) of RA 7610.
which a child, through coercion or Under Section 48 of the Revised Penal Code (on complex crimes),
intimidation, engages in any lascivious 20 a felony under the Revised Penal Code (such as rape) cannot
conduct. 25 (Emphasis and underscoring be complexed with an offense penalized by a special law. 21
supplied) DCASEc

And even in Malto v. People 26 wherein the accused was convicted In this case, the victim was more than 12 years old when the
for violation of Section 5 (b) of R.A. No. 7610, the information crime was committed against her. The Information against
alleged, and the prosecution proved, that the therein accused who appellant stated that AAA was 13 years old at the time of the
was the minor's professor obtained the minor's consent by taking incident. Therefore, appellant may be prosecuted either for
advantage of his relationship and moral ascendancy to exert violation of Section 5 (b) of RA 7610 or rape under Article 266-A
influence on her. SDHTEC (except paragraph 1 [d]) of the Revised Penal Code.While the
Information may have alleged the elements of both crimes, the
In the case at bar, even if respondent were charged under Section prosecution's evidence only established that appellant sexually
5 (b), instead of Section 10 (a), respondent would just the same violated the person of AAA through force and intimidation 22 by
have been acquitted as there was no allegation that an element of threatening her with a bladed instrument and forcing her to
the offense — coercion or influence or intimidation — attended submit to his bestial designs. Thus, rape was established.
its commission.
PEOPLE VS ABAY [G.R. No. 169533. March 20, 2013.]|||
[G.R. No. 177752. February 24, 2009.]|||
on May 11, 2002, Jayson dela Cruz (Jayson) and Roldan, his older
On March 8, 2000, appellant Roberto Abay y Trinidad was brother, both minors, joined the evening procession for the Santo
charged with rape in relation to Section 5 (b), Article III of RA Ninñ o at Oro Site in Legazpi City; that when the procession passed
7610 in the Regional Trial Court (RTC) of Manila, Branch 4 1 in front of the petitioner's house, the latter's daughter Mary Ann
under the following Information: Rose, also a minor, threw stones at Jayson and called him "sissy";
that the petitioner confronted Jayson and Roldan and called them
That sometime in December 1999, in the City of Manila, names like "strangers" and "animals"; that the petitioner struck
Philippines, [appellant] by means of force and Jayson at the back with his hand, and slapped Jayson on the face;

Page 27 of 36
4 that the petitioner then went to the brothers' house and Although the petitioner, as a schoolteacher, could duly discipline
challenged Rolando dela Cruz, their father, to a fight, but Rolando Michael Ryan as her pupil, her infliction of the physical injuries
did not come out of the house to take on the petitioner; that on him was unnecessary, violent and excessive. The boy even
Rolando later brought Jayson to the Legazpi City Police Station fainted from the violence suffered at her hands. 13 She could not
and reported the incident; that Jayson also underwent medical justifiably claim that she acted only for the sake of disciplining
treatment at the Bicol Regional Training and Teaching Hospital; 5 him. Her physical maltreatment of him was precisely prohibited
that the doctors who examined Jayson issued two medical by no less than the Family Code, which has expressly banned the
certificates attesting that Jayson suffered the following infliction of corporal punishment by a school administrator,
contusions, to wit: (1) contusion .5 x 2.5 scapular area, left; and teacher or individual engaged in child care exercising special
(2) +1 x 1 cm. contusion left zygomatic area and contusion .5 x parental authority (i.e., in loco parentis)|||
2.33 cm. scapular area, left
In the crime charged against the petitioner, therefore, the
ISSUE: WON accused is guilty of Child Abuse under RA 7610. maltreatment may consist of an act by deeds or by words that
debases, degrades or demeans the intrinsic worth and dignity of a
Ruling: NO. child as a human being. The act need not be habitual. The CA
The law under which the petitioner was charged, tried and found concluded that the petitioner "went overboard in disciplining
guilty of violating is Section 10 (a). Michael Ryan, a helpless and weak 7-year old boy, when she
pinched hard Michael Ryan on the left thigh and when she held
him in the armpits and threw him on the floor[; and as] the boy
The records did not establish beyond reasonable doubt that his fell down, his body hit the desk causing him to lose consciousness
laying of hands on Jayson had been intended to debase the [but instead] of feeling a sense of remorse, the accused-appellant
"intrinsic worth and dignity" of Jayson as a human being, or that further held the boy up by his ears and pushed him down on the
he had thereby intended to humiliate or embarrass Jayson. The floor." 15 On her part, the trial judge said that the physical pain
records showed the laying of hands on experienced by the victim had been aggravated by an emotional
trauma that caused him to stop going to school altogether out of
fear of the petitioner, compelling his parents to transfer him to
Jayson to have been done at the spur of the moment and in anger, another school where he had to adjust again. 16 Such established
indicative of his being then overwhelmed by his fatherly concern circumstances proved beyond reasonable doubt that the
for the personal safety of his own minor daughters who had just petitioner was guilty of child abuse by deeds that degraded and
suffered harm at the hands of Jayson and Roldan. With the loss of demeaned the intrinsic worth and dignity of Michael Ryan as a
his self-control, he lacked that specific intent to debase, degrade human being.
or demean the intrinsic worth and dignity of a child as a human
being that was so essential in the crime of child abuse. DE OCAMPO VS SEC. OF JUSTICE
[G.R. No. 147932. January 25, 2006.|||
Not every instance of the laying of hands on a child
constitutes the crime of child abuse under Section 10 (a) of
Republic Act No. 7610. 1 Only when the laying of hands is FACTS:
shown beyond reasonable doubt to be intended by the
accused to debase, degrade or demean the intrinsic worth The present case arose from a sworn statement of respondent
and dignity of the child as a human being should it be Magdalena B. Dacarra ("Magdalena") executed before the
punished as child abuse. Otherwise, it is punished under the Women's Desk of the CPD Police Station in Batasan Hills, Quezon
Revised Penal Code.||| City on 10 December 1999. Magdalena stated that on 4 December
1999, her nine-year-old son Ronald complained of dizziness upon
Considering that Jayson's physical injury required five to seven arriving home at about six in the evening. Ronald then vomited,
days of medical attention, 19 the petitioner was liable for slight prompting Magdalena to ask what happened. Ronald replied that
physical injuries under Article 266 (1) of the Revised Penal Code||| petitioner, who was Ronald's teacher, banged his head against
that of his classmate Lorendo Orayan ("Lorendo"). Magdalena
ROSALDES VS PEOPLE inspected Ronald's head and saw a woundless contusion. Due to
[G.R. No. 173988. October 8, 2014.]||| Ronald's continued vomiting, Magdalena brought him to a quack
doctor (arbularyo) on 5 December 1999. The following morning,
FACTS: The petitioner, a public schoolteacher, was charged with Magdalena brought Ronald to the East Avenue Medical Center
and found guilty of child abuse, a violation of Republic Act No. where he underwent an x-ray. The attending physician informed
7610. 1 The victim was her own Grade 1 pupil whom she Magdalena that Ronald's head had a fracture. Blood oozed out of
physically maltreated for having accidentally bumped her knee Ronald's nose before he died on 9 December 1999
while she was drowsing off on a bamboo sofa as he entered the
ISSUE: Whether there is probable cause against petitioner for
classroom. Her maltreatment left him with physical injuries, as
homicide under Article 249 of the Revised Penal Code in relation
duly certified by a physician.
to Section 10(a), Article VI of RA 7610 and for violation of Section
ISSUE: WON Court of Appeals erred in convicting the petitioner 10(a), Article VI of RA 7610.|||
by holding that the acts of the petitioner constitute child abuse
penalized under Section 10 (a) of Republic Act No. 761O


Page 28 of 36
RULING: There is probable cause for the offenses charged against The team went to Queensland Motel and rented Rooms 24 and
petitioner. Probable cause is the existence of such facts and 25. These rooms were adjacent to each other. Room 24 was
circumstances as would excite the belief in a reasonable mind designated for the transaction while Room 25 was for the rest of
that a crime has been committed and the respondent is probably the police team. 10
guilty of the crime. 23
PO1 Luardo and PO1 Veloso proceeded to D. Jakosalem Street in
In the present case, Ronald, a nine-year-old student, died five Barangay Kamagayan, Cebu City's red light district. Accused
days after his teacher, petitioner in this case, allegedly banged his noticed them and called their attention by saying "Chicks mo
head against that of his classmate Lorendo. There is nothing in dong?" (Do you like girls, guys?). 11 HcaDIA
the records showing petitioner's specific denial of the occurrence
of such act. Petitioner simply stated that "the head-banging During trial, PO1 Luardo and PO1 Veloso testified that their
incident happened but [she] did not perpetrate it." 24 In effect, conversation with accused went as follows:
petitioner admits the occurrence of the head-banging incident
but denies committing it.
Accused:Chicks mo dong? (Do you like girls, guys?)
The alleged intervening events before Ronald died, namely: (a)
the consultation with a quack doctor, and (b) the three-day PO1 Luardo:Unya mga bag-o? Kanang batan-on kay naa
confinement in the East Avenue Medical Center, are not sufficient mi guests naghulat sa motel. (Are they new? They must
to break the relation of the felony committed and the resulting be young because we have guests waiting at the motel.)
injury. Were it not for the head-banging incident, Ronald might
not have needed medical assistance in the first place. Accused:Naa, hulat kay magkuha ko. (Yes, just wait and
I'll get them.) 12

At that point, PO1 Luardo sent a text message to PSI Ylanan that
Charges of Homicide and Child Abuse
they found a prospective subject. 13

Petitioner's single act of allegedly banging the heads of her

After a few minutes, accused returned with AAA and BBB, private
students had two distinct victims, namely Ronald and Lorendo.
complainants in this case. 14
Therefore, petitioner has to face prosecution for cruelty to each
victim. For Ronald's death, petitioner is being charged with
homicide under Article 249 of the Revised Penal Code 27 in Accused: Kining duha kauyon mo ani? (Are you satisfied
relation to Section 10(a), Article VI of RA 7610 punishable by with these two?)
reclusion perpetua. 28 However, this does not mean that
petitioner is being charged with the distinct offenses of homicide PO1 Veloso: Maayo man kaha na sila modala ug kayat?
and child abuse for Ronald's death. On the other hand, for her (Well, are they good in sex?) 15
cruelty to Lorendo, petitioner is being charged with violation of
Section 10(a), Article VI of RA 7610 punishable by prision mayor
Accused gave the assurance that the girls were good in sex. PO1
in its minimum period.
Luardo inquired how much their services would cost. Accused
replied, "Tag kinientos" (PhP500.00). 16

PO1 Veloso and PO1 Luardo convinced accused to come with

RA 9208 them to Queensland Motel. Upon proceeding to Room 24, PO1
Veloso handed the marked money to accused. 17
"Anti-Trafficking in Persons Act of 2003."|||
As accused counted the money, PO1 Veloso gave PSI Ylanan a
PEOPLE VS CASIO missed call. This was their pre-arranged signal. The rest of the
[G.R. No. 211465. December 3, 2014.]||| team proceeded to Room 24, arrested accused, and informed her
of her constitutional rights. The police confiscated the marked
FACTS: money from accused. 18 Meanwhile, AAA and BBB "were brought
to Room 25 and placed in the custody of the representatives from
Accused Shirley A. Casio was charged for the violation of Republic the IJM and the DSWD."
Act No. 9208, Section 4 (a), qualified by Section 6 (a).|||
ISSUE: Whether accused was properly convicted of trafficking in
On May 2, 2008, International Justice Mission (IJM), 5 a non- persons, considering that AAA admitted that she works as a
governmental organization, coordinated with the police in order prostitute.|||
to entrap persons engaged in human trafficking in Cebu City. 6
RULING: Knowledge or consent of the minor is not a defense
Chief PSI George Ylanan, SPO1 Felomino Mendaros, SPO1 Fe under Republic
Altubar, PO1 Albert Luardo, and PO1 Roy Carlo Veloso composed Act No. 9208.|||
the team of police operatives. 7 PO1 Luardo and PO1 Veloso were
designated as decoys, pretending to be tour guides looking for
girls to entertain their guests. 8 IJM provided them with marked
money, which was recorded in the police blotter. 9
Page 29 of 36
As defined under Section 3 (a) of Republic Act No. 9208, The prosecution was able to prove beyond reasonable doubt that
trafficking in persons can still be committed even if the victim accused committed the offense of trafficking in persons, qualified
gives consent. by the fact that one of the victims was a child. As held by the trial
SEC. 3. Definition of Terms. — As used in this Act:
[T]he act of "sexual intercourse" need not have been
a. Trafficking in Persons — refers to the recruitment, consummated for the mere "transaction" i.e., that
transportation, transfer or harboring, or receipt of 'solicitation' for sex and the handing over of the "bust
persons with or without the victim's consent or money" of Php1,000.00 already consummated the said
knowledge, within or across national borders by means act.
of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of |||
position, taking advantage of the vulnerability of the
Elements of
persons, or, the giving or receiving of payments or
trafficking in
benefits to achieve the consent of a person having
control over another person for the purpose of
exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms The elements of trafficking in persons can be derived from its
of sexual exploitation, forced labor or services, slavery, definition under Section 3 (a) of Republic Act No. 9208, thus:
servitude or the removal or sale of organs.
(1) The act of "recruitment, transportation, transfer or
The recruitment transportation, transfer, harboring or harbouring, or receipt of persons with or without the
receipt of a child for the purpose of exploitation shall victim's consent or knowledge, within or across national
also be considered as "trafficking in persons" even if it borders."
does not involve any of the means set forth in the
preceding paragraph. 70(Emphasis supplied) (2) The means used which include "threat or use of
force, or other forms of coercion, abduction, fraud,
The victim's consent is rendered meaningless due to the coercive, deception, abuse of power or of position, taking
abusive, or deceptive means employed by perpetrators of human advantage of the vulnerability of the person, or, the
trafficking. 71 Even without the use of coercive, abusive, or giving or receiving of payments or benefits to achieve
deceptive means, a minor's consent is not given out of his or her the consent of a person having control over another;
own free will. and

Section 4 of Republic Act No. 9208 enumerates the different acts (3) The purpose of trafficking is exploitation which
of trafficking in persons. Accused was charged under Section 4 includes "exploitation or the prostitution of others or
(a), which states: other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of
SEC. 4. Acts of Trafficking in Persons. — It shall be
unlawful for any person, natural or judicial, to commit
any of the following acts. The Court of Appeals found that AAA and BBB were recruited by
accused when their services were peddled to the police who
acted as decoys. 65 AAA was a child at the time that accused
a. To recruit, transport, transfer, harbor, provide, or
peddled her services. 66 AAA also stated that she agreed to work
receive a person by any means, including those done
as a prostitute because she needed money. 67 Accused took
under the pretext of domestic or overseas employment
advantage of AAA's vulnerability as a child and as one who need
or training or apprenticeship, for the purpose of
money, as proven by the testimonies of the witnesses.|||
prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage; 72
People v. Lalli y Purih
Based on the definition of trafficking in persons and the [G.R. No. 195419. October 12, 2011.]|||
enumeration of acts of trafficking in persons, accused performed
all the elements in the commission of the offense when she
peddled AAA and BBB and offered their services to decoys PO1 FACTS:
Veloso and PO1 Luardo in exchange for money. The offense was
also qualified because the trafficked persons were minors.
This is a consolidated criminal case filed against the accused-
appellants for the crimes of Illegal Recruitment (Criminal
Here, AAA testified as to how accused solicited her services for Case No. 21930) and Trafficking in Persons (Criminal CaseNo.
the customers waiting at Queensland Motel. AAA also testified
that she was only 17 years old when accused peddled her. Her
certificate of live birth was presented as evidence to show that
she was born on January 27, 1991. In the evening of June 3, 2005, while Lolita Sagadsad Plando, 23
years old, single, was in Tumaga, Zamboanga City on her way to
the house of her grandfather, she met Ronnie Masion Aringoy and

Page 30 of 36
Rachel Aringoy Canñ ete. Ronnie greeted Lolita, "Oy, it's good you
are here" ("oy, maayo kay dia ka"). Rachel asked Lolita if she is Illegal recruitment when committed by a syndicate or in
interested to work in Malaysia|||
large scale shall be considered an offense involving
On June 6, 2005, Lolita went to Zamboanga City wharf at 2:00 economic sabotage.
o'clock in the afternoon bringing a bag containing her make-up
and powder. She met at the wharf Hadja Jarma Lalli, Ronnie
xxx xxx xxx
Aringoy, Honey and Michele. Ronnie gave to Lolita her boat ticket
for the vessel M/V Mary Joy bound for Sandakan, Malaysia; a
passport in the name of Marife Plando but with Lolita's picture on Illegal recruitment is deemed committed by a syndicate
it, and P1,000.00 in cash. Hadja Jarma, Lolita, Honey, Michele and
if carried out by a group of three (3) or more persons
two other women boarded the boat M/V Mary Joy bound for
Sandakan. Ronnie Aringoy did not go with them. He did not board conspiring or confederating with one another.
the boat. . . . After the boat sailed, Hadja Jarma Lalli and Nestor
Relampagos approached Lolita and her companions. Nestor told (Emphasis supplied)
them that they will have a good job in Malaysia as restaurant
entertainers. They will serve food to customers. They will not be
harmed.||| It is clear that a person or entity engaged in recruitment and
placement activities without the requisite authority from the
M/V Mary Joy arrived at the port of Sandakan, Malaysia at 10:00 Department of Labor and Employment (DOLE), whether for profit
o'clock in the morning of June 7, 2005. When they were already at or not, is engaged in illegal recruitment. |||
the restaurant, a Filipina woman working there said that the
place is a prostitution den and the women there are used as
prostitutes.||| Lolita Plando was forced to work as entertainer at It is clear that through the concerted efforts of Aringoy, Lalli and
Pipen Club.|||
Relampagos, Lolita was recruited and deployed to Malaysia to
ISSUE: whether the Court of Appeals committed a reversible work as a prostitute. Such conspiracy among Aringoy, Lalli and
error in affirming in toto the RTC Decision which found accused-
appellants guilty beyond reasonable doubt of the crimes of Illegal Relampagos could be deduced from the manner in which the
Recruitment and Trafficking in Persons.|||
crime was perpetrated — each of the accused played a pivotal
Ruling: NO.
role in perpetrating the crime of illegal recruitment, and evinced
Criminal Case No. 21930 (Illegal Recruitment)||| a joint common purpose and design, concerted action and

community of interest.
Section 6 of Republic Act No. 8042 (RA 8042) defines illegal

recruitment, as follows: For these reasons, this Court affirms the CA Decision, affirming

the RTC Decision, declaring accused Ronnie Aringoy y Masion and

[I]llegal recruitment shall mean any act of canvassing,
Hadja Jarma Lalli y Purih guilty beyond reasonable doubt of the
enlisting, contracting, transporting, utilizing, hiring, or
crime of illegal recruitment committed by a syndicate in Criminal
procuring workers and includes referring, contact
Case No. 21930, with a penalty of life imprisonment and a fine of
services, promising or advertising for employment
P500,000 imposed on each of the accused.
abroad, whether for profit or not, when undertaken

by a non-licensee or non-holder of Criminal Case No. 21908 (Trafficking in Persons)|||

authority contemplated under Article 13(f)

||| Section 3 (a) of Republic Act No. 9208 (RA 9208), otherwise
of Presidential Decree No. 442, as amended, otherwise
known as the Anti-Trafficking in Persons Act of 2003, defines
known as the Labor Code of the Philippines. EHACcT
Trafficking in Persons, as follows: DaTICE

xxx xxx xxx

Page 31 of 36
Trafficking in Persons — refers to the recruitment, ordinance. 51 The prohibition on double jeopardy does not apply

transportation, transfer or harboring, or receipt of to an act or series of acts constituting different offenses.

persons with or without the victim's consent or

knowledge, within or across national borders by means CASES ON VAWC

of threat or use of force, or other forms of coercion, DABALOS VS QUAIMBAO

GR NO. 193960, JAN. 7, 2013
abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the

person, or, the giving or receiving of payments or  Petitioner was charged with violation of Section 5 (a) of
RA 9262.
benefits to achieve the consent of a person having  After examining the supporting evidence, the RTC found
probable cause and consequently, issued a warrant of
control over another person for the purpose of arrest against petitioner on November 19, 2009. ||
 Petitioner averred that at the time of the alleged
exploitation which includes at a minimum, the incident on July 13, 2009, he was no longer in a dating
relationship with private respondent; hence, RA 9262
exploitation or the prostitution of others or other forms was inapplicable.|||
 In her affidavit, private respondent admitted that her
of sexual exploitation, forced labor or services, slavery, relationship with petitioner had ended prior to the
subject incident. She narrated that on July 13, 2009, she
servitude or the removal or sale of organs. . . . (Emphasis
sought payment of the money she had lent to petitioner
but the latter could not pay. She then inquired from
petitioner if he was responsible for spreading rumors
||| about her which he admitted. Thereupon, private
respondent slapped petitioner causing the latter to
inflict on her the physical injuries alleged in the
Trafficking in Persons under Sections 3 (a) and 4 of RA 9208 is Information. |||

not only limited to transportation of victims, but also includes the ISSUE: WON ACCUSED CAN BE CHARGED WITH RA 9262.

act of recruitment of victims for trafficking. In this case, since it RULING. YES.

has been sufficiently proven beyond reasonable doubt, as

discussed in Criminal Case No. 21930, that all the three accused The law is broad in scope but specifies two limiting qualifications
for any act or series of acts to be considered as a crime of violence
(Aringoy, Lalli and Relampagos) conspired and confederated with against women through physical harm, namely: 1) it is committed
against a woman or her child and the woman is the offender's
one another to illegally recruit Lolita to become a prostitute in wife, former wife, or with whom he has or had sexual or dating
relationship or with whom he has a common child; and 2) it
Malaysia, it follows that they are also guilty beyond reasonable results in or is likely to result in physical harm or suffering.

doubt of the crime of Qualified Trafficking in Persons committed In Ang v. Court of Appeals, 5 the Court enumerated the elements of
the crime of violence against women through harassment, to wit:
by a syndicate under RA 9208 because the crime of recruitment

for prostitution also constitutes trafficking. 1. The offender has or had a sexual or dating
relationship with the offended woman;

When an act or acts violate two or more different laws and

2. The offender, by himself or through
constitute two different offenses, a prosecution under one will another, commits an act or series of acts of
harassment against the woman; and
not bar a prosecution under the other. 50 The constitutional right
3. The harassment alarms or causes
against double jeopardy only applies to risk of punishment twice substantial emotional or psychological
distress to her. 6
for the same offense, or for an act punished by a law and an
Notably, while it is required that the offender has or had a
sexual or dating relationship with the offended woman, for

Page 32 of 36
RA 9262 to be applicable, it is not indispensable that the act to Filipino citizens. By analogy, the same principle applies to
of violence be a consequence of such relationship. Nowhere foreigners such that they are governed by their national law with
in the law can such limitation be inferred. respect to family rights and duties. 36

As correctly ruled by the RTC, it is immaterial whether the The obligation to give support to a child is a matter that falls
relationship had ceased for as long as there is sufficient under family rights and duties. Since the respondent is a citizen of
evidence showing the past or present existence of such Holland or the Netherlands, we agree with the RTC-Cebu that he
relationship between the offender and the victim when the is subject to the laws of his country, not to Philippine law, as to
physical harm was committed. whether he is obliged to give support to his child, as well as the
consequences of his failure to do so.
Accordingly, the Information having sufficiently alleged the
necessary elements of the crime, such as: a dating relationship It cannot be gainsaid, therefore, that the respondent is not
between the petitioner and the private respondent; the act of obliged to support petitioner's son under Article 195 of the
violence committed by the petitioner; and the resulting physical Family Code as a consequence of the Divorce Covenant obtained
harm to private respondent, the offense is covered by RA 9262 in Holland. This does not, however, mean that respondent is
which falls under the jurisdiction of the RTC in accordance with not obliged to support petitioner's son altogether. EHaASD
Sec. 7 of the said law.

DEL SOCORRO VS VAN WILSEM In international law, the party who wants to have a foreign law
GR NO. 193707 applied to a dispute or case has the burden of proving the foreign
law. 40 In the present case, respondent hastily concludes that
being a national of the Netherlands, he is governed by such laws
FACTS: on the matter of provision of and capacity to support. 41 While
respondent pleaded the laws of the Netherlands in advancing his
 Petitioner Norma A. Del Socorro and respondent Ernst position that he is not obliged to support his son, he never proved
Johan Brinkman Van Wilsem contracted marriage in the same.
Holland on September 25, 1990. 2 On January 19, 1994,
they were blessed with a son named Roderigo Norjo Van We emphasize, however, that as to petitioner herself,
Wilsem, who at the time of the filing of the instant respondent is no longer liable to support his former wife.
petition was sixteen (16) years of age.|||
 Unfortunately, their marriage bond ended on July 19, Finally, we do not agree with respondent's argument that
1995 by virtue of a Divorce Decree issued by the granting, but not admitting, that there is a legal basis for charging
appropriate Court of Holland. 4 At that time, their son violation of R.A. No. 9262 in the instant case, the criminal liability
was only eighteen (18) months old. 5 Thereafter, has been extinguished on the ground of prescription of crime 52
petitioner and her son came home to the Philippines.||| under Section 24 of R.A. No. 9262.
 respondent made a promise to provide monthly support
to their son in the amount of Two Hundred Fifty (250) The act of denying support to a child under Section 5 (e) (2)
Guildene (which is equivalent to Php17,500.00 more or and (i) of R.A. No. 9262 is a continuing offense, 53 which
less). 7 However, since the arrival of petitioner and her started in 1995 but is still ongoing at present. Accordingly,
son in the Philippines, respondent never gave support to the crime charged in the instant case has clearly not
the son, Roderigo.||| prescribed. |||
 Not long thereafter, respondent came to the Philippines
and remarried in Pinamungahan, Cebu, and since then, REPUBLIC VS YAHON
have been residing thereat.||| G.R. No. 201043. June 16, 2014.
 On August 28, 2009, petitioner, through her counsel,
sent a letter demanding for support from respondent. FACTS:
However, respondent refused to receive the letter|||
 Daisy R. Yahon (respondent) filed a petition for the
ISSUE: Whether or not a foreign national can be held criminally issuance of protection order under the provisions of
liable under R.A. No. 9262 for his unjustified failure to support his Republic Act (R.A.) No. 9262, 3 otherwise known as the
minor child. "Anti-Violence Against Women and Their Children Act of
2004," against her husband, S/Sgt. Charles A. Yahon
RULING: YES. (S/Sgt. Yahon), an enlisted personnel of the Philippine
Army who retired in January 2006. Respondent and
To determine whether or not a person is criminally liable under S/Sgt. Yahon were married on June 8, 2003. The couple
R.A. No. 9262, it is imperative that the legal obligation to support did not have any child but respondent has a daughter
exists.||| with her previous live-in partner.|||
 On September 28, 2006, the RTC issued a TPO, as
we agree with respondent that petitioner cannot rely on Article
195 34 of the New Civil Code in demanding support from
To insure that petitioner can receive a fair share of
respondent, who is a foreign citizen, since Article 15 35 of the
respondent's retirement and other benefits, the
New Civil Code stresses the principle of nationality. In other
following agencies thru their heads are directed to
words, insofar as Philippine laws are concerned, specifically the
provisions of the Family Code on support, the same only applies
Page 33 of 36
WITHHOLD any retirement, pension and other child whether legitimate or illegitimate, within or without the
benefits of respondent, S/SGT. CHARLES A. YAHON.” family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse
ISSUE: whether petitioner military institution may be ordered to including threats of such acts, battery, assault, coercion,
automatically deduct a percentage from the retirement benefits harassment or arbitrary deprivation of liberty." CScaDH
of its enlisted personnel, and to give the same directly to the
latter's lawful wife as spousal support in compliance with a While the said provision provides that the offender be related or
protection order issued by the RTC pursuant to R.A. No. 9262 connected to the victim by marriage, former marriage, or a sexual
or dating relationship, it does not preclude the application of the
RULING: YES. principle of conspiracy under the RPC.

the principle of conspiracy may be applied to R.A. No. 9262. For

It is basic in statutory construction that in case of irreconcilable
once conspiracy or action in concert to achieve a criminal design
conflict between two laws, the later enactment must prevail,
is shown, the act of one is the act of all the conspirators, and the
being the more recent expression of legislative will. 17 Statutes
precise extent or modality of participation of each of them
must be so construed and harmonized with other statutes as to
becomes secondary, since all the conspirators are principals.
form a uniform system of jurisprudence. 18 However, if several
laws cannot be harmonized, the earlier statute must yield to the
later enactment. The later law is the latest expression of the
[G.R. No. 182835. April 20, 2010.]
legislative will. 19
We hold that Section 8 (g) of R.A. No. 9262, being a later  This case concerns a claim of commission of the crime
enactment, should be construed as laying down an exception to of violence against women when a former boyfriend
the general rule above-stated that retirement benefits are exempt sent to the girl the picture of a naked woman, not her,
from execution. The law itself declares that the court shall order but with her face on it.|||
the withholding of a percentage of the income or salary of the  The public prosecutor charged petitioner-accused
respondent by the employer, which shall be automatically Rustan Ang (Rustan) before the Regional Trial Court
remitted directly to the woman "[n]otwithstanding other laws to (RTC) of Baler, Aurora, of violation of the Anti-Violence
the contrary. Against Women and Their Children Act or Republic Act
(R.A.) 9262|||
|||  complainant Irish Sagud (Irish) and accused Rustan
GO-TAN VS SPS TAN were classmates at Wesleyan University in Aurora
[G.R. No. 168852. September 30, 2008.]||| Province. Rustan courted Irish and they became "on-
and-off" sweethearts towards the end of 2004. When
FACTS: Irish learned afterwards that Rustan had taken a live-in
On April 18, 1999, Sharica Mari L. Go-Tan (petitioner) and Steven partner (now his wife), whom he had gotten pregnant,
L. Tan (Steven) were married. 3 Out of this union, two female Irish broke up with him.|||
children were born, Kyra Danielle 4 and Kristen Denise. 5 On  In the early morning of June 5, 2005, Irish received
January 12, 2005, barely six years into the marriage, petitioner through multimedia message service (MMS) a picture of
filed a Petition with Prayer for the Issuance of a Temporary a naked woman with spread legs and with Irish's face
Protective Order (TPO) 6 against Steven and her parents-in-law, superimposed on the figure (Exhibit A). 2 The sender's
Spouses Perfecto C. Tan and Juanita L. Tan (respondents) before cellphone number, stated in the message, was 0921-
the RTC. She alleged that Steven, in conspiracy with respondents, 8084768, one of the numbers that Rustan used. Irish
were causing verbal, psychological and economic abuses upon surmised that he copied the picture of her face from a
her in violation of Section 5, paragraphs (e) (2) (3) (4), (h) (5), shot he took when they were in Baguio in 2003 (Exhibit
and (i) 7 of Republic Act (R.A.) No. 9262, 8 otherwise known as B).|||
the "Anti-Violence Against Women and Their Children Act of  After she got the obscene picture, Irish got other text
2004" messages from Rustan. He boasted that it would be easy
for him to create similarly scandalous pictures of her.
ISSUE: WHETHER OR NOT RESPONDENTS-SPOUSES PERFECTO And he threatened to spread the picture he sent through
KNOWN AS THE "ANTI-VIOLENCE AGAINST WOMEN AND THEIR ISSUES: Whether or not a "dating relationship" existed
CHILDREN ACT OF 2004”. between Rustan and Irish as this term is defined in R.A.

RULING: The Court rules in favor of the petitioner.

Whether or not a single act of harassment, like
the sending of the nude picture in this case, already
Section 3 of R.A. No. 9262 defines ''[v]iolence against women and constitutes a violation of Section 5 (h) of R.A. 9262;
their children'' as "any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating RULING:
relationship, or with whom he has a common child, or against her
Page 34 of 36
Section 3 (a) of R.A. 9262 provides that violence against women during periods of misunderstanding. Explaining what "away-bati"
includes an act or acts of a person against a woman with whom meant, Irish explained that at times, when she could not reply to
he has or had a sexual or dating relationship. Rustan's messages, he would get angry at her. That was all.
Section 5 identifies the act or acts that constitute violence against
Indeed, she characterized their three-month romantic relation as
women and these include any form of harassment that causes
substantial emotional or psychological distress to a woman. ||| continuous.||| (Ang y Pascua v. Court of Appeals, G.R. No. 182835,
[April 20, 2010], 632 PHIL 609-624)
The above provisions, taken together, indicate that the elements
the Court cannot measure the trauma that Irish experienced
of the crime of violence against women through harassment are:
based on Rustan's low regard for the alleged moral sensibilities of
today's youth. What is obscene and injurious to an offended
1.The offender has or had a sexual or dating woman can of course only be determined based on the
relationship with the offended circumstances of each case. Here, the naked woman on the
woman; picture, her legs spread open and bearing Irish's head and face,
was clearly an obscene picture and, to Irish a revolting and
2.The offender, by himself or through offensive one. Surely, any woman like Irish, who is not in the
another, commits an act or series pornography trade, would be scandalized and pained if she sees
of acts of harassment against the herself in such a picture. What makes it further terrifying is that,
woman; and as Irish testified, Rustan sent the picture with a threat to post it in
the internet for all to see. That must have given her a
3.The harassment alarms or causes
substantial emotional or
psychological distress to her.
[G.R. No. 170701. January 22, 2014.

One. The parties to this case agree that the prosecution needed to FACTS:
prove that accused Rustan had a "dating relationship" with Irish.
Section 3 (e) provides that a "dating relationship" includes a  On May 20, 2005, respondent Rossana Honrado-Tua
situation where the parties are romantically involved over time
and on a continuing basis during the course of the relationship. (respondent) filed with the Regional Trial Court (RTC)
Thus: of Imus, Cavite a Verified Petition 2 for herself and in
behalf of her minor children, Joshua Raphael, Jesse
(e)"Dating relationship" refers to a Ruth Lois, and Jezreel Abigail, for the issuance of a
situation wherein the parties live as protection order, pursuant to Republic Act (RA) 9262
husband and wife without the benefit of or the Anti-Violence Against Women and their Children
marriage or are romantically involved Act of 2004, against her husband, petitioner Ralph Tua.
over time and on a continuing basis The case was docketed as Civil Case No. 0464-05 and
during the course of the relationship. A
raffled-off to Branch 22. Respondent claimed that she
casual acquaintance or ordinary
socialization between two individuals in and her children had suffered from petitioner's abusive
a business or social context is not a conduct; that petitioner had threatened to cause her
dating relationship. and the children physical harm for the purpose of
controlling her actions or decisions; that she was
||| it seems clear that the law did not use in its provisions the actually deprived of custody and access to her minor
colloquial verb "romance" that implies a sexual act. It did not say children; and, that she was threatened to be deprived of
that the offender must have "romanced" the offended woman. her and her children's financial support.|||
Rather, it used the noun "romance" to describe a couple's  On May 23, 2005, the RTC issued a Temporary
relationship, i.e., "a love affair." 9 Protection Order (TPO)|||)
 Petitioner contended that the issuance of the TPO on
R.A. 9262 provides in Section 3 that "violence against women . . . May 23, 2005 is unconstitutional for being violative of
refers to any act or a series of acts committed by any person the due process clause of the Constitution.|||
against a woman . . . with whom the person has or had a sexual or ISSUE: A.) The issue of constitutionality of RA 9262 was raised by
dating relationship." Clearly, the law itself distinguishes a sexual petitioner in his Comment to respondent's Petition with Urgent
relationship from a dating relationship. Indeed, Section 3 (e) Motion to Lift TPO ||)
above defines "dating relationship" while Section 3 (f) defines
"sexual relations." The latter "refers to a single sexual act which B. WON there is an invalid delegation of legislative power to the
may or may not result in the bearing of a common child." The
court and to barangay officials to issue protection orders.
dating relationship that the law contemplates can, therefore, exist
even without a sexual intercourse taking place between those
||| An "away-bati" or a fight-and-kiss thing between two lovers is
a common occurrence. Their taking place does not mean that the
romantic relation between the two should be deemed broken up
Page 35 of 36
A. In Garcia v. Drilon, 13 wherein petitioner therein argued that determine that the violent acts against women and their children
Section 15 of RA 9262 is a violation of the due process clause of for the issuance of a TPO have been committed.||)
the Constitution, we struck down the challenge and held:

A protection order is an order issued to

prevent further acts of violence against
women and their children, their family or
household members, and to grant other
necessary reliefs. Its purpose is to safeguard
the offended parties from further harm,
minimize any disruption in their daily life
and facilitate the opportunity and ability to
regain control of their life. AEIHaS

The scope of reliefs in protection orders is

broadened to ensure that the victim or
offended party is afforded all the remedies
necessary to curtail access by a perpetrator
to the victim. This serves to safeguard the
victim from greater risk of violence; to
accord the victim and any designated family
or household member safety in the family
residence, and to prevent the perpetrator
from committing acts that jeopardize the
employment and support of the victim. It
also enables the court to award temporary
custody of minor children to protect the
children from violence, to prevent their
abduction by the perpetrator and to ensure |||
their financial support.

The rules require that petitions for

protection order be in writing, signed and
verified by the petitioner thereby
undertaking full responsibility, criminal or
civil, for every allegation therein. Since "time
is of the essence in cases of VAWC if further
violence is to be prevented," the court is
authorized to issue ex parte a TPO after
raffle but before notice and hearing when
the life, limb or property of the victim is in
jeopardy and there is reasonable ground to
believe that the order is necessary to protect
the victim from the immediate and
imminent danger of VAWC or to prevent
such violence, which is about to recur.

B. the issuance of a BPO by the Punong Barangay or, in his

unavailability, by any available Barangay Kagawad, merely orders
the perpetrator to desist from (a) causing physical harm to the
woman or her child; and (2) threatening to cause the woman or
her child physical harm. Such function of the Punong Barangay is,
thus, purely executive in nature, in pursuance of his duty under
the Local Government Code to "enforce all laws and ordinances,"
and to "maintain public order in the barangay." |||

Clearly, the court is authorized to issue a TPO on the date of the

filing of the application after ex parte determination that there is
basis for the issuance thereof. Ex parte means that the
respondent need not be notified or be present in the hearing for
the issuance of the TPO. Thus, it is within the court's discretion,
based on the petition and the affidavit attached thereto, to

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