Annu NOTES 2019 Pre-BAR Review UPDATES IN JURISPRUDENCE BY: PROF. ROLAND YSRAEL R. ATIENZA: Professor; Bar Reviewer; Lecturer; Legal Officer’ POLITICAL OFFENSE DOCTRINE; REBELLION. Under the political offense doctrine, "common crimes, perpetrated in furtherance of a political offense, are divested of their character as "common" offenses and assume the political complexion of the main crime of which they are mere ingredients, and, a consequently, cannot be m_the or_comy with t to im of a Penalty. Any ordinary act assumes a different nature by being absorbed in the crime of rebellion. Thus, when a killing is committed in furtherance Of rebellion, the killing is not homicide or murder. Rather, the killing asinarei Weetra Migdang Stare Unimoony (ORS, CORE are a 2019 Pre Bar Review assumes the political complexion of rebellion as its mere ingredient and must be prosecuted and punished as rebellic However, this e not to 01 on_erimes. No one disputes the well-entrenched principle in criminal procedure that the institution of criminal charges, including whom and what to charge, is addressed to the sound discretion of the public prosecutor. hen the ffense st public itors are ol ited, We had already ruled that the burden of demonstrating political motivation must be discharged by the defense, since motive is a state of mind which only the accused knows. The proof showing Political motivation is adduced during trial where the accused is assured an opportunity to present evidence supporting his defense. (Saturnino Ocampo vs. Hon, Ephrem 8. Abando, GR 176830, February 11, 2014) PAYMENT OF THE AMOUNT OF THE BOUNCED CHECK EXONERATE THE ACCUSED FOR VIOLATION OF BP 22. Petitioner in this case issued one check which bounced upon presentment but he paid the total amount of the check upon receipt of subpoena from the prosecutor for violation of BP 2. It is consistent rule that State and liberally in favor of the accused. And since penal laws should not be applied mechanically, the Court must determine whether the application of the penal law is consistent with the purpose and reason of the law. Thus, although Payment of the value of the bounced check, if made beyond the 5-day period provided for in B.P. Blg. 22, would normally not extinguish criminal liability, ho 1e_Court, s the existence of rt caset ‘court... (Arlel T. Lim ve. People, GR 190834, Hovember 26, 2014) 2 ’ , Prof. Roland Ysrael R. Atienza I 2019 Notes in Criminal LawTHE SPIRIT OF THE LAW WHICH, FOR B.P. BLG. 22, is the protection of the credibility and stability of the b: ‘ould not be served by penalizing people who have evidently made amends for their mistakes and made restitution for damages even before charges have been filed against them. In effect, the payment of the checks before the filing of the information has already attained the purpose of the law. (Ariel T. Lim va. People, GR 190834, November 26, 2014) PAYMENT OF THE VALUE OF THE BOUNCED CHECK AFTER THE INFORMATION HAS BEEN FILED IN COURT WOULD NO LONGER HAVE Meee that ee RONBRATING THE ACCUSED It should be emphasized Big. 22. Since from the commencement of the criminal proceedings in court, there is no circumstance whatsoever to show that the accused had every intention to mitigate or totally alleviate effects of his issuance of the unfunded check, then there is no equitable and compelling reason to preclude his prosecution. In such a case, the letter of the law should be applied to its full extent. (ariel 7, Lim va. People, GR 190824, November 26, 2014) PAYMENT OF THE AMOUNT OF THE BOUNCED CHECK TO EXONERATE THE ACCUSED FOR VIOLATION OF BP 22 DOES NOT APPLY TO VIOLATION OF ART. 215 (2D). The Court's JMG be_well le_315, Bid) of the Revised Penal Code, ‘where the fraud is perpetuated by pastdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. in said case of estafa, damage and deceit are check is merely the accus of the disi Eriminat fiabileae Te will merely satiefy the ctuil tiabittg of the crime but not the criminal Wability. (Ariel T. Lim vs. People, GR 190834, November 26, 2014) ‘THE DEPRIVATION OR DENIAL OF FINANCIAL SUPPORT TO THE CHILD 18 CONSIDERED AN ACT OF VIOLENCE AGAINST WOMEN AND’ CHILDREN UNDER RA 9262. A foreign national residing in the Philippines 2019 Pre Bar Review cma refused to give financial support to his son to a Filipina wife cit national law. The SC ruled that foreign law should not be applied wl application would work undeniable injustice to the citizens or residents forum. To give justice is the most important function of law; hence, a law, or judgment or contract that is obviously unjust negates the fundamental principles of Conflict of Laws. Applying the foregoing, even if the laws of the Netherlands rt his child nor. lance therewith, such is still dul 5 it would injustice to the child to be denied of financial support when the latter is entitled thereto. may be made ly refusing or failing to give support to pet ‘son, (Norma A. Del Socorro, for and in behalf of hhet minor ehild Roderigo Norjo Van Wilsem, vs. Ernst Johan Brinkman Van Wilsem, G.R. Wo. 198707, December 10, 2014) RA 9262 APPLIES TO FOREIGN NATIONAL RESIDING IN THE PHILIPPINES. Considering that respondent is currently living in the Philippines, we find strength in petitioner's claim that the Territoriality ‘mational law and to le that the alleged i ilippines as all of the parties herein are adenteat the Province of Cebu City. As such, our courts have territorial jurisdiction over the offense charged against respondent. It is likewise irrefutable that Jurisdiction over the respondent was acquired upon his arrest. (Norma A. Del Socorro, for and in behalf of her minor child Roderigo Norjo Van Wilsem, vs. Ernst Johan Brinkman Van Wilsem, G.R. No. 193707, December 10, 2014) ELEMENTS OF SELLING AND POSSESSION OF DRUGS. To sustain a conviction under Section 5, Article II of R.A. 9165, all that is needed for the prosecution to establish are (1) the identity of the buyer, seller, object and consideration; and (2) the delivery of the thing sold and the payment therefor. In illegal possession of dangerous drugs, on the other hand, it is necessary to prove that: (1) the accused is in possession of an item or object Prof. Roland Ysrael R. Atienza I 2019 Notes in Criminal Lawwhich is identified to be a prohibited drug; (2) such possession is not authorized by law; and, (3) the accused freely and consciously possessed the drug. (People vs. Abola Bio, G.R. No, 195850, February 16, 2015) LINKS THAT MUST BE ESTABLISHED IN THE CHAIN OF CUSTODY IN THE BUY-BUST SITUATION. In the recent case of People us. Jakar Mapan Le, the Supreme Court clarified that there are links that must be established in the chain of custody in the buy:bust situation: first, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; seco turnover of the illegal drug seized by the apprehending officer to tl igating officer; third, the turnover by the investigating officer of irug to the forensic chemist for laboratory examination; and fourth, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court. (People vs. Abola Bio, G.R. No. 195850, February 16, 2018) A PERSON CONVICTED FOR ILLEGAL RECRUITMENT UNDER THE LAW MAY, FOR THE SAME ACTS, BE SEPARATELY CONVICTED FOR ESTAFA UNDER ARTICLE 315, PAR. 2(A) OF THE REVISED PENAL CODE. The accused, Mateo was charged with illegal recruitment and estafa when he promised jobs in Japan but after collecting various fees no deployment was made. Mateo was not a registered recruiter under the POEA. However, Matco questioned the validity of the Estafa case on top of his Illegal recruitment case. All the elements are present in this case; first, the RTC found appell to have undertaken a recruitment activity when they promised p: complainants employment in Japan for a fee; second, the Certification issued by the POEA unmistakably reveals that appellants neither have a established that there were five complainants. Money is not material to a prosecution for illegal recruitment considering that the definition of ‘legal recruitment” under the law includes the phrase ‘whether for profit or not’. On the otherhand the elements of estafa are: another by abuse of confidence or by means of di estimation. All these elements are likewise present in this case. (People of the Philippines vs, Mateo, G.R. No. 198012, April 22 2015) 2019 Pre Bar Review | Criminal Law el SECTION 5{I) PENALIZES SOME FORMS OF PSYCHOLOGICAL VIOLENCE THAT ARE INFLICTED ON VICTIMS WHO ARE WOMEN AND CHILDREN. Petitioner-accused, Ricky Dinamling was charged in two (2) criminal Informations in the Regional ‘Trial Court (RTC) for violation of Section 5( relation to Section 6(f) of RA No, 9262. From the aforequoted Section 5 relation to other sections of RA No. 9262, the elements of the crime are derived as follows: (1) The offended party 1s a woman and/or her child or children; (2) The woman is either the wife or former wife of the offender, er is @ woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common ehild. As for the woman's child or children, they may be legitimate or illegitimate, or living within or without the family abode; (3) The offender causes on the woman and/or child mental or emotional Dinaznling vs. People, @.R. No. 199822, June 22, 2015) A CHILD 18 DEEMED SUBJECTED TO "OTHER SEXUAL ABUSE" WHEN assault was allegedly committed during a fraterni aside AAA during the fraternity i and smoke marijuana until the exploited in prosti or subjected to other sexual abuse, when the child indulges in sexual intercourse or lascivious conduct any other consideration; or (b) under the coercion syndicate or group. The law covers not only a sit through coercion or intimidation, engages in any las People, G.R. No. 197458, November 11, 2018) ryatensa PURPOSE OF CHAIN OF CUSTODY. Statutory rules on preserving the chain of custody of confiscated prohibited drugs and related items are designed to ensute the integrity and reliability of the evidence to be presented Prof. Roland Ysrael R. Atienza I 2019 Notes in Criminal Law2019 Pre Bar Review possession or illegal sale of dangerous drugs. (People vs. Fernando Ranche Havana GR No. 198450, January 11, 2016) CORPUS DELICTI OR THE ILLICIT DRUG AS EVIDENCE. In a prosecution for illegal sale of dangerous drugs, the following elements must be duly established: (1) proof that the transaction or sale took place; and (2) the ‘ctiminal case. And more than just the fact of sale, therefore x x x is that the identity of the danger established beyond reasonable doubt. In other words, it must be established with unwavering exactitude that the dangerous drug presented in court as evidence against the accused is the same as that seized from him in the first place. The chain of custody requirement performs this function in that in ensures that unnecessary doubts concerning the identity of the evidence are removed. (People vs. Fernando Ranche Havana G.R. No, 198450, January 11, 2016) PERFERCT CHAIN OF CUSTODY IS ALMOST ALWAYS IMPOSSIBLE. [W]hile the chain of custody should ideally be perfect [and unbroken], in as they will be used to determine the guilt the case at bench, this Court finds it exceedingly difficult to believe that the integrity and evidentiary value of the drug have been properly preserved by the apprehending officers. The inexplicable failure of the police officers to testify as to what they did with e Court declared irregular manner which plagued the handling of the evidence before the same ‘was offered in court, whittles down the chances of the government to obtain a successful prosecution in a drug-related case. (People ve, Fernando Ranche Havana G.R. No, 198450, January 11, 2016) Criminal Law Bg NON-COORDINATION WITH PDEA DOES NOT INVALIDATE BUY-BUST OPERATION. The appellant contends that the belated submission of the pre- operation report to the PDEA after the buy-bust operation violates RA 9165; We held in People v. Abedin that coordination with the PDEA is not an indispensable requirement before pol xy carry out a buy-bust operation; that in fact, even the abs ion with the PDEA will not invalidate a buy-bust operation. 198480, January 11, 2016) INFORMANT IS DISPENSIBLE TO THE SUCCESS OF PROSECUTION OF DRUG CASES. The appellant contends that non-presentation of the unnamed presentation of the informant indispensable to the success in prosecuting drug-related cases. Informers are almost always never presented in court because of the need to preserve their invaluable service to the police. Unless their testimony is absolutely essential to the convict corroborative to the testimonies of the buy-bust Ranche Havana G-R. No, 198480, January 11, 2016) ELEMENTS OF ILLEGAL POSSESSION OF EQUIPMENT INSTRUMENT, APPARATUS AND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS. The elements of illegal possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs under Section 12, Article Il of RA. No. 9165 are: (1) possession or control by the accused of any equipment, apparatus or other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body; and (2) such possession is not authorized by law. In this case, the prosecution has convincingly established that Saraum was in possession of drug paraphernalia, particularly aluminum tin foil, rolled tissue paper, and lighter, all of which were offered and admitted in evidence. (Amado Saraum vs. People, GR No. 205472, January 25, 2016) APPLICATION OF INCREMENTAL PENALTY FOR ESTAFA IN Code, the penalty prescribed for esta over P12,000.00 but does not exceed which the amougt of the fraud is 9,000.00 is prision correctional in its Prof. Roland Ysrael R. Atienza I 2019 Notes in Criminal Lawshall form a period, with the maximum period being then imposed. However, the floor of the maximum period - six years, eight months and 21 days - is fixed in the absence of any aggravating circumstance, or of any showing of the greater extent of the evil produced by the erime, fo zhich is then added the ine: P22,000.00, or three years in all. The nites total penalty i is nine = eight months and 21 days of prision mayor, which shall be the maximum of the indeterminate sentence. The months), the penalty next lower to that prescribed by Article 315 of the Revised Penal Code. In view of the foregoing, the indeterminate sentence for 7 caries mee tas ne GR 170192, rer) THE ESSENCE OF TREACHERY IS THAT THE ATTACK COMES WITHOUT A WARNING AND IN A SWIFT, DELIBERATE, AND UNEXPECTED MANNER, AFFORDING THE HAPLESS, UNARMED, AND UNSUSPECTING VICTIM NO CHANCE TO RESIST OR ESCAPE. In this case which happened in Tondo, Manila accused barged into the room where Corazon and her live-in partner Joan were having breakfast and pulled out a balisong (fan kni Without warning, accused grabbed Corazon by the neck and stabbed he: the back, causing her to fall down on the bed. He continued to stab Corazon on the left side of her body, and near her heart. Appellant was charged and convicted of Murder with the qualifying circumstances of treachery and evident premeditation. Appellant's sudden attack on Corazon inside her apartment demonstrates that treachery was employed in the commission of the crime. Corazon could not have been aware that her life was in imminent danger inside the comforts of her own home. When appellant barged in, 2019 Pre Bar Review Criminal Law i Corazon was having coffee with Joan totally unaware that she would be attacked inside the confines of her own house. When appellant grabbed her neck and stabbed her in the back, was 10 chance to defend herself and retaliate or repel the attack. Although she struggled, such was not ‘enough to protect or extricate her from the harm posed by appellant. (People vs, De La Cruz, G.R. No, 207389, February 17, 2016) FOR THE AGGRAVATING/QUALIFYING CIRCUMSTANCE OF EVIDENT PREMEDITATION TO BE CONSIDERED, IT MUST BE SHOWN THAT sfcient to arrive ata calm ivdement The prosecution adduced no evidence to show that sufficient time had lapsed before appellant (accused) decided to indeed clung to his determination to kill the victim; let alone that sufficient time had indeed lapsed or transpired between the decision to kill and its actual execution, to allow appellant time or opportunity to reflect upon the consequences of his act of Killing Corazon. (People vs. De La Crus, O.R. No. 207389, February 17, 2016) rationea A PERSON MUST BE CALLED TO ACCOUNT FOR ALL THE NATURAL AND LOGICAL CONSEQUENCES OF HIS FELONIOUS ACT; AND HENCE MUST BE DEEMED TO HAVE INCURRED CRIMINAL LIABILITY, ALTHOUGH THE FELONIOUS ACT HE COMMITTED MIGHT HAVE BEEN DIFFERENT FROM THAT WHICH HE INTENDED. An information for robbery with homicide was filed against Stanley Buenamer and Jerome Lambada when they boarded a passenger FX taxi; declared a hold-up and demanded the valuables of the passengers. One of the passengers tried to regain possession of his belongings, and Buenamer boxed the passenger with such force that the latter lost his grip on the handlebar of the vehicle, Sell off and run over by the vehicle's rear tire. The RTC convicted Buenamer of robbery with homicide while Lambada was convicted of simple robbery. Buenamer contended that the mitigating.circumstance of haviag no intention to commit so grave a wrong as that he committed as provided in Art. Prof. Roland Ysrael R. Atienza I 2019 Notes in Criminal Law13, Sec. 3 of the RPC should be appreciated in his favor which the Hight Court denied. Article 3 of the RPC decrees that every person shall be held responsible for all the natural and logical consequences of his felonious act. Complementing this Article 4 provides that criminal liability shall be incurred by any person committing a felony, although the wrongful act is different from that which he intended.. He must be called to account for all the natural and logical consequences of his felonious act. Hence, he must be deemed to have incurred criminal liability, although the felonious act he committed might have been different from that which he intended. (People v. Busnamer, G.R. No, 206227, August 31, 2016) ELEMENTS OF PARRICIDE. Under Article 246 of the RPC, the crime of Parricide is committed when: (1) a person is killed; (2) the deceased is killed the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legit descendants, or the legitimate spouse of the accused. (People vs. Antonio Dacanty, G.R. No. 216064, November 07, 2016) IN RAPE, FAILURE TO SHOUT FOR HELP DOES NOT DIMINISHED THE VICTIM’s CREDIBILITY. It must be emphasized that there is no standard form of reaction for a woman, much more a minor, when confronted with a horrifying experience such as sexual assault. The actions of children who have undergone traumatic experience should not be judged by the norms of behavior expected from adults when placed under similar circumstances. People react differently to emotional stress and rape victims are no different from them. (People ve. Jhun Villalon, G.R. No, 218198, November 09, 2016) AFFIDAVIT OF DESISTANCE IS VIEWED WITH SUSPICION AND RESERVATION. It must be stressed that, as a rule, it is viewed with id reservation. It has been regarded as exceedingly unreliable, fan easily be secured from a poor and ignorant witness, usually timidation or for monetary consideration, and attains no probative light of the alleged affiant's testimony to the contrary. Moreover, there is always the probability that it would later on be repudiated, and criminal prosecution would thus be interminable. (People vs. Jhun Villalon, @.R. Wo, 215198, November 09, 2016) ELEMENTS OF ACCIDENT AS A DEFENSE. The following’are exempt from criminal liability: x x x 4. Any person who, while performing a lawful act with 2019 Pre Bar Review — | due care, causes an injury by mere accident without fault or intention of causing it. The basis for exemption under the above-stated provision is the complete absence of negligence and intent. The accused commits a crime but there is no criminal liability. An accident is a fortuitous circumstance, event ‘or happening; an event happening wholly or partly through human agency, an event which under the circumstances is unusual or unexpected by the person to whom it happens. It is an affirmative defense which the accused is burdened to prove by clear and convincing evidence. To successfully claim the ‘causes an injury to another by mere accident; and intention of causing the injury. None of these circumstances are present in this case, (Bonifacio Nieva vs. People, GR 188751, November 16, 2016) DRAWING A WEAPON IS AN UNLAWFUL ACT ABSENT OF SELF-DEFENSE, In People v. Nepomuceno, Jr., we ruled that drawing a weapon in the course of gun jammed; yet, Nieva did not stop until the gun finally fired and hit its target. This ciearly shows that Nieva intentionally and persistently performed the act complained of in order to successfully aim Judy. He cannot now claim that he is without fault. (Bonifacio Mieva va. People, GR 188751, November 16, 2016) his initial attempts, the bullet of PROOF OF INTENT TO KILL. In Rivera v. People, we explained that intent to cll may be proved by: (a) the means used by the malefactors; (b) the nature, location and number of wounds sustained by the victim; (c)' the conduct of the malefactors before, at the time, or immediately after the killing of the victim; (d) the circumstances under which the crime was committed; and (e) the motives of the accused. (Bonifacio Neva ve. People, GR 188781, November 16, 2016) ELEMENTS OF SALE OF DRUGS. The essential elements in the successful prosecution of offenses involving the illegal sale of dangerous or prohibited drugs under Section 5, Article II of R.A. No. 9165 are: (1) the identity of the buyer and the seller, the object of the sale and the consideration; and (2) the delivery of the thing sold and payment,therefor. Material in the successful prosecution is the proof that the transaction or sale actually took. place, Prof. Roland Ysrael R, Atienza | 2019 Notes in Criminal Lawcoupled with the presentation in court of evidence of corpus delicti. People ve. Rodelio Lopez, G.R. No. 221465, November 16, 2016) ELEMENTS OF ILLEGAL POSSESSION OF DRUGS. In the charge of illegal ion of a dangerous drug, the prosecution such possession authorized by law; and (3) the accused freely and consciously possessed the drug. (People vs. Rodelio Lopes, G.R. No. 221465, November 16, 2016) ELEMENTS OF FALSIFICATION. Elements of falsification by a public officer or employee or notary public as defined in Article 171 of the Revised Penal Code are that: (1) the offender is a public officer or employee or notary public; (2) the offender takes advantage of his official position; and (3) he or she falsifies a document by committing any of the acts mentioned in Article 171 of the Revised Penal Code. On the other hand, the elements of falsifeation by private ual under paragraph 1, Article 172 of the Revised Penal Code are that: (1) the offender is a private individual, or a public officer or employee who did not take advantage of his official position; (2) the offender committed any of the acts mentioned in Article 171 of the Revised Penal Code; (3) the falsification was committed in a public or official or commercial document. (Alberto Garong va. People, G.R. No. 172539, November 16, 2016) TWO THINGS NECESSARY IN CRIMINAL PROSECUTION. Worthy to mention that in every criminal conviction, the prosecution is required to prove two things beyond reasonable doubt: tor of the crime. (Mayor Amado Corpus vs. People, G.R. Nos. 212686-57, November 23, 2016) ELEMENTS OF FALSIFICATION BY FALSE NARRATION OF FACTS. It bears emphasis that what is punished in falsification of a public document is the violation of the public fait layee, or notary public (2) he takes advantage at he falsifies a docu of the ways it is done. Specifcalh the said Arti ires that: (af the offender makes fh a public document “untruthful statements in a 2019 Pre Bar Review Criminal Law a narration of facts; (b) the offender has a legal obligation to disclose the truth of the facts narrated by him; and (c) the facts narrated by the offender are absolutely false. In addition to the aforecited element: that the public officer or employee had taken advant in making the falsification. In yf when (1) he has the duty to make or prepare or otherwise to intervene in the Preparation of a document; or (2) he has the official custody of the document which he falsifies. (iayor Amado Corpus vs. People, G.R. Nos, 212656-57, November 23, 2016) ELEMENTS OF MURDER. In the prosecution of the crime of murder as defined in Article 248 of the Revised Penal Code (Rl must be established: (1) that a person was killed; that persor killing was attended by killing is not infanticide or parricide. (People vs. Elson Satuille, G.R. No, 214772, Wovember 21, 2016) RAPE CAN BE COMMITTED EITHER THROUGH SEXUAL INTERCOURSE OR SEXUAL ASSAULT. Rape can be committed either through sexual intercourse or sexual assault. Rape under paragraph 1 of the above-cited article is rape through sexual intercourse; often denominated as "organ rape" or "penile rape,’ carnal knowledge is its central element and must be proven beyond reasonable doubt. It must be attended by any of the circumstances enumerated in subparagraphs (a) to (d) of paragraph 1. Rape under paragraph 2 of Article 266-A is commonly known as rape by sexual assault. Under any of the attendant circumstances mentioned in paragraph 1, the perpetrator commits this kind of rape by inserting his penis into another person's mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person. It is also called “instrument or object rape," also "gender-free rape. (People vs. Eduardo Marmol, Jr., G.R. No. 217379, November 23, 2016) QUALIFIED RAPE. Rape is qualified when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the ‘common-Jaw spouse of the parent of the victim. The elements of qualified rape are: (1) sexual congress; (2) with a woman; (3) done by force and without Prof. Roland Ysrael R. Atienza I 2019 Notes in Criminal Law) the victim is under eighteen years of age at the time of the rape; offender is a parent (whether legitimate, illegitimate or adopted) of (People vs. Eduardo Marmol, Jr., G.R. No, 217379, November 22, 2016) ELEMENTS OF STATUTORY RAPE. Statutory rape is committed when (1) the offended party is under twelve (12) years of age and (2) the accused had carnal knowledge of her, regardless of whether there was force, threat or intimidation, whether the victim was deprived of reason or consciousness, or whether it was done through fraud or grave abuse of authori statutory rape as it departs from the usual modes of committing rape. The law presumes that the victim does not and cannot have a will of her own on account of her tender years. What the law punishes in statutory rape is carnal knowledge of a woman below twelve (12) years old. Thus, force, intimidation and physical evidence of injury are not relevant considerations; the only pertinent concern is the age of the woman and whether carnal knowledge indeed took place. (People vs, Marlon Manson, G.R. No. 218941, November 28, 2016) ‘THE CRIME I8 QUALIFIED TRAFFICKING IN PERSONS WHEN VICTIMS ARE MINOR. Hirang, also known as Jojit and Jojie, was charged before the RTC of Pasig City with the crime of qualified trafficking. The information filed against Hirang sufficiently alleged the recruitment and transportation of the minor victims for sexual activities and exploitation, with the offender taking advantage of the vulnerability of the young girls through the guarantee of a good time and financial gain. Pursuant to Section 6 of R.A. No. 9208, the crime committed by Hirang was qualified trafficking, as it was committed in a large scale and his four victims were under 18 years of age. (People of the Philippines ve. Jeftrey R. Hirang, O.R. No, 223828, January 11, 2017) THERE IS NO INSTIGATION WHEN THE IDEA AND THE RESOLVE TO COMMIT THE CRIME COMES FROM THE ACCUSED. In this case, it was established during trial that Hirang had been recruiting and deploying young girls for customers in the sex ‘The 1JM personnel approached him for Birls precisely because of his activities. Also, Hirang was not first approached for prostitutes by or government authorities, but by investigators of IJM, which is a non-profit and non-governmental 4 organization. IJM-tnly sought coordination with the police officers after Hirang, Sarmiento and Villagracia had determined to meet on June 27, 2007 .2019 Pre Bar Review tion with the purported Korean customers. Clearly, there could ion by officers, as barred by law, to speak of. (People of the jeffrey R. Hirang, G.R. No, 223828, January 11, 2017) US DRUGS. The the identity of the ideration; and (2) the important is that , the object of the sale and delivery of the thing sold and the payment therefor. WI the sale transaction of drugs actually took place and that the object of the transaction is properly presented as evidence in court and is shown to be the same drugs seized from the accused. In illegal possession of buyer and the dangerous drugs, the following elements must be established was in possession of dangerous drugs; (2) such pos: was not authorized by law; and (3) the accused was freely and consciously aware of being in possession of dangerous drugs. (People vs. Salim Ismael, G.R. No. 208093, ‘February 20, 2017) 10 ESTABLISH THE OFFENSE OF ILLEGAL POSSESSION OR SALE OF DANGEROUS DRUGS, THE ELEMENTS OF THE CRIME MUST BE ESTABLISHED COUPLED WITH THE PRESENTATION IN COURT OF EVIDENCE OF CORPUS DELICTI. PNP Guiuan Police Station conducted a surveillance on Gayoso after receiving reports she was peddling prohibited drugs. After confirming that she is selling drugs, the police officers conducted a “confirmatory test-buy.” The sale was consummated and Gayoso took the marked money, hence search warrant was served. They found sachets of shabu and several drug paraphernalia. Information for the illegal sale of a dangerous drug and for illegal possession of a dangerous drug was filed against her. Gayoso denied the charges against her. She averred that the search warrant was presented to her only after the search and that the police officers fabricated the charges against her. The SC acquitted the accused Gayoso for failure of the police to mark the items seized and to establish the other links of the chain, thus failing to establish the corpus delicti of the crime. In the prosecution for illegal sale and mn of prohibited drugs, there must be proof that these offenses were , coupled with the presentation in court of evidence of corpus icti. The sustod ‘be duly established, and the integrity of the -scized drugs must be’ preserved. (People vs.‘Miyrna Gayoso, G.R. No. 206590, March 27, 2017) Prof. Roland Ysrael R. Atienza I 2019 Notes in Criminal LawWHILE A VICTIM MAY HAVE BEEN WARNED OF POSSIBLE DANGER TO HIS PERSON, THERE 18 TREACHERY NONETHELESS WHEN THE ATTACK WAS EXECUTED IN SUCH A MANNER AS TO MAKE IT IMPOSSIBLE FOR THE VICTIM TO RETALIATE. Information charging the accused Soriano of murder for the death of Perfecto Narag was filed when accused grabbed his neck and immediately stabbed him at the right chest while uttering the words "I will kill you.” Edérlina (victim's wife) tfied to stop him from stabbing her husband but he pushed her away and stabbed her instead at the right wrist and forehead. Villamor, the tricycle driver in their employ, came in and forced accused out of Perfecto's room. However, accused was able to return inside the room and stabbed Perfecto at the back again and hurriedly left thereafter. The totality of the circumstances leads to the inevitable conclusion that the victim was caught unaware and unable to defend himself and the accused deliberately chose a manner of attack that insured the attainment of his violent intention with no risk to hat himself. The victim had no opportunity to defend himself precisely because it was simply unexpected to be the subject of an attack right inside his own abode and he was unarmed, with no opportunity to put up a defense. It must also be noted that the victim bi an sufficiently ward off the attack. (People vs. Soriano, G, R. NO. 216063 June 5, 2017) DWELLING AGGRAVATES A FELONY WHERE THE CRIME WAS COMMITTED IN THE DWELLING OF THE OFFENDED PARTY, IF THE LATTER HAS NOT GIVEN PROVOCATION OR IF THE VICTIM WAS KILLED INSIDE HIS HOUSE. The victim was killed not merely in his house but in his own room, the aggravating circumstance of dwelling should be appreciated against the accused. (People vs. Soriano, @. R. NO, 216063 June 5, 2017) RAPE; LACK OF RESISTANCE. The prosecution had to overcome the Presumption of innocence of appellant by presenting evidence that would establish the elements of ray i under paragraph 1, the offender is a man; (2) the offender had complished by using force, 2019 Pre Bar Review the element of voluntariness on the part of the victim be absolutely lacking. The prosecution must prove that force or intimidation was actually em; ‘by accused upon his victim to achieve his end. Failure to do so is fatal to its cause. (People vs. Juan Richard Tionloe, G.R. No. 212193, February 18, 2017) THE MERE PRESENCE OF A KNIFE LYING NEAR WHERE THE COMMISSION OF THE RAPE WAS COMMITTED CANNOT BE CONSIDERED AS FORCE, THREAT OR INTIMIDATION. After accused, Meneses, she (victim) claimed that Tionloc asked her if he can also have sex with her, she did not respond. She claimed to be afraid because there was a ‘knife that was lying on the table that has been used to cut hotdog. The court ruled that fc ‘an element must be sufficient to consummate the w Intimidation includes the moral kind as the feat caused by threat gitl with a knife or pistol. A k nearby which could be utilized to kill her if she resisted is not sufficient, the fear is mere product of one’s imagination. The knife which was placed nearby must precisely be used to threaten or intimidate her, (People vs. Juan Richard Tionloc, G.R. No. 212192, February 15, 2017) TREACHERY; EVIDENT PREMEDITATION. When the victim was alerted to the impending lethal attack due to the preceding he ment between him and the accused, with the latter even uttering threats against the former, ‘treachery cannot be appreciated as an attendant circumstance. When the resolve to commit the crime was immediately followed its execution, evident premeditation cannot be appreciated. Hence, the crime is homicide, not murder. (People vs. Rodrigo Macaspac, @.R. No. 198954, February 22, 2017) ELEMENTS OF TREACHERY. There is treachery when the offender commits ing means and methods or forms in ensure its i the defense which the offended party might make. Two conditions must concur in order for treachery to be appreciated, namely: one, the assailant employed means, methods or forms in the execution of the criminal act which give the person attacked no Prof, Roland Ysrael R, Atfenza I 2019 Notes in Criminal Lawopportunity to defend himself or to retaliate; and two, said means, methods or forms of execution were deliberately or consciously adopted by the assailant. (People vs. Rodrigo Macaspac, G.R. Ho. 198984, February 22, 2017) TREACHERY IS PRESENT WHEN THE OFFENDER EMPLOYS MEANS, METHODS, OR FORMS IN THE EXECUTION THEREOF WHICH TEND OFFENDED PARTY MIGHT MAKE. Information for murder and attempted murder were filed against Sibbu and other John Does when they fired upon the victims and killing them. Witness Bryan Julian was with his parents and child when he saw from a distance a person with a long firearm slung across his chest and a black bonnet over his head. He also saw two men in crouching position. Fearing the worst, he shouted a warning to his family. He identified Tirso Sibbu as the person with a long firearm. He testified that when the armed man inched closer to the house, Sibbu tried to fix his bo: the exe: thereof which tend directly and especially to ensure its execution, without risk to himself arising from the defense which the offended party might make. In this case, at the time of the shooting incident, the tims were on the porch of their attack. In addition, they were all w defense in the event of an attack. On the other hand, appellant and his cohorts were armed. They also surreptitiously approached the residence of the victims. Sibbu wore camouflage uniform to avoid detection. In fine, appellant employed deliberate means to ensure the accomplishment of his purpose of Killing his victims with minimal risk to his safety. (People v. Sibbu, G.R. No. 214787, March 29, 2017) wasensa FOR THE CIRCUMSTANCE OF DWELLING TO BE CONSIDERED IT IS NOT NECESSARY THAT THE ACCUSED SHOULD HAVE ACTUALLY ENTERED THE DWELLING OF THE VICTIM TO COMMIT THE OFFENSE; IT IS ENOUGH THAT THE VICTIM WAS ATTACKED INSIDE HIS OWN HOUSE. rman Tirso Sibu fired the shot from outside the house, (People v. Tirsu Sibbu, G.R. No. 214787, March 29, 2017) 2019 Pre Bar Review 7 Criminal Law | | THE USE OF A BONNET FOR THE PURPOSE OF CONCEALING ONE’S ‘IDENTITY IN THE COMMISSION OF THE CRIME SUFFICIENTLY PROVES THE AGGRAVATING CIRCUMSTANCE OF DISGUISE. The use of disguise was likewise correctly appreciated as an aggravating circumstance in this case. Bryan testified that the appellant covered his face with a bonnet during the shooting incident There could be no other possible purpose for wearing a bonnet over ay t's face but to conceal his identity, especially since Bryan and appellant live in the same barangay and are familiar with each other. (People v. Tirsu Sibbu, G.R. No, 214757, March 29, 2017) LASCIVIOUS CONDUCT UNDER SEC. 5(B) OF RA 7610 MAY BE COMMITTED EVEN WITHOUT PRIOR SEXUAL AFFRONT. Before an accused can be held criminally liable for lascivious conduct under Sec. 5(b) of RA 7610, the requisites of Acts of Lasciviousness as penalized under Art. 336 of the RPC earlier enumerated must be met in addition to the requis sexual abuse under Sec. 5(b) of RA 7610, which are as follows: aside from the act complained of. For it refers to the maltreatment, whether habitual or not, of the child. Thus, a violation of Sec. 5(b) of RA 7610 occurs even though the accused committed sexual abuse against the child victim only once, even without a prior sexual affront. (Béuardo B. Quimvel vv. People of the Philippines, G.R. No. 214497, April 18, 2017) ACCESS DEVICE FRAUD; RA 8484, The possession and use of a sounterfeit credit card is considered access device fraud and is punishable ‘by law. To successfully sust (Anthony De Silva Cruz vs. People of the Philippines, G.R. No. 210266, June 7, 2017) QUALIFIED CARNAPPING; CARNNAPING WITH HOMICIDE. In this case, all the elements are present as the pieces of evidence presented by the pyosecution show that’ there were two (2)ten both wearing jackets and bonnets, together with the appellant who approached the victim and the Prof. Roland Ysrael R, Atienza I 2019 Notes in Criminal Lawwitness Kathlyn and employed force and intimidation upon them and thereafter forcibly took the victim's motorcycle and then shot the victim on the neck causing his death. What the prosecution needs to do is to prove the essential requisites of carnapping and of the homicide or murder of the victim, and more importantly, 1 must-ahow that the original-criminal the culprit _was snd_that ited "in the course the occasion thereof’ Consequently, where the elements of carnapping are not proved, the provisions of the Anti-Carnapping Act would cease to be applicable and the homicide or murder (if proven) would be punishable under the Revised Penal Code, (People of the Philippines vo. Jeffrey P. Macaranas, @.R. No. 226846, June 21, 2017) 1 7610. Escalante was convicted by the RTC of of R.A. No. 7610. The correct provision, of R.A. No, 7610, which imposes a higher SEXUAL ABUSE; SEC 5(B), Performed with a child exploited in prostitution or subjected to other sexual abuse; and (3) the child, whether male or female, is below 18 years of age. It further ruled: It must be noted that the law covers not only a ‘situation in which a child is abused for profit, but also in which a child, through coercion or intimidation, engages in any lascivious conduct. Hence, the foregoing provision penalizes not only child prostitution, the essence of which is profit, but also other forms of sexual abuse of children In the present case, the Information alleged that Escalante kissed AAA's neck down to his sex organ and forcibly inserted AAA's penis into his anus. Further, the evidence on record proves that AAA was coerced into submitting to Escalante's will as he was unable to put up any resistance out of fear. As earlier stated, AAA's minority was satisfactorily established. In the case at bench, both the Information and the evidence on record spell out a case of sexual abuse punishable under Section 5(b) of RA. No. 7610. To recapitulate, Section 10(a}, Article VI of R.A. No. 7610, wherein a penalty of prision mayor in its minimum period is prescribed, contemplates any other acts’ of child abuse, cfuclty or exploitation or other conditioné Prejudicial to the child's development. In contrast, Section 5(b) thereof 2019 Pre Bar Review Criminal Law i | gpecifoally applies to the commission of the act of sexual intercourse_or ted to other sexual abuse, Based on the Section 10(a), of R.A. No. 7610. (Richard Escalante vs. People, OR 218970, June 28, 2017) GUIDELINES IN DESIGNATING OR CHARGING THE PROPER OFFENSE IN CASE'LASCIVIOUS CONDUCT I8 COMMITTED UNDER SECTION 5(B) OF R.A. NO. 7610; IMPOSABLE PENALTY. Accordingly, for the guidance of public prosecutors and the courts, the Court takes this opportunity to Prescribe the following guideli desis offense in : (1.) The age of the ating or charging the offense, and in determining the imposable penalty. (2.) If the victim is under twelve 12) vears of age, the nomenclature of the crime should be "Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to ‘A. No. 7610." Pursuant to the second proviso in Section 5(b) , the imposable penalty is reclusion temporal in its medium (12) but below eighteen (18) years of age, or is eighteen (18) years old or older but is unable to fully take care of herself/himself or protect herself/himself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, the erime should be designated ivious Conduct R.A. No. 7610," and the imposable penalty is reclusion femporal in its medium period to reclusion ‘Perpetua. (People vs. Noel Go Caoil! aka Boy Tagalog, GR 196942, August 8, 2017) atienma RAPE BY SEXUAL ASSAULT IS NOT SUBSUMED IN RAPE THROUGH SEXUAL INTERCOURSE. By jurisprudence, however, an accused charged in the Information wit 1 ilty_of rape by sexual assault, even though the latter crime was proven during trial. This is due to the substantial distinctions between these two modes of rape. The elements of rape through sexual intercourse offender is a man; (2) that the offender had carnal knowl and (3) that such act is accomplished by using force or intimi ‘sexual intercgurse is a crime committed by a man against a central element is carnal knowledge. On the other hand, the elements of Prof. Roland Ysrael R. Atienza I 2019 Notes in Criminal Lawrape by sexual assault are: (1) that the offender commits an act of sexual assault; (2) that the act of sexual assault is committed by inserting his penis into another person's mouth or anal orifice or by inserting any instrument or object into the genital or anal orifice of another person; and that the act of sexual assault is accomplished by using force In the first mode (rape by sexual intercourse] offender is always a ‘man; (2) the offended party is always a woman; (3) rape is committed through penile penetration of the vagina; and (4) the penalty is reclusion ~ Perpertua. In the second mode (rape by sexual assault): (1) the offender may be a man or a woman; (2) the offended party may be a man or a woman; (3) rape is committed by inserting the penis into another Person's mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person; and (4) the penalty is prision mayor. In fine, given the mate istinctions be mo introduced in R.A, No, 8353, # latter. (People vs. Hoel Go Caoill aka Boy Tagalog, GR 196942, August 8, 2017) RAPE; THE RELATIONSHIP OF THE VICTIM TO THE ACCUSED AND THE MINORITY OF THE VICTIM ARE SPECIAL QUALIFYING CIRCUMSTANCES WHICH MUST BE ALLEGED AND PROVED BY THE PROSECUTION. Three separate charges of rape were filed against Melchor Panes (accused) by his daughter. She alleged that on three separate occasions, her father succeeded in forcing her to have sexual intercourse. Panes denied the rape and claimed that he could not have raped AAA as all of his children were in the house. In this case the court ruled that the qualifying circumstance of minority and relationship were sufficiently alleged in the information. (People vs. Panes, G.R. No, 218730, September 11, 2017) ryatiensa IT I8 NOT NECESSARY THAT THE PLACE WHERE THE RAPE IS COMMITTED BE ISOLATED. The clement of intimidation exists when the assailant is the father of the victim. Victims of tender age are easily intimidated and cowed into silence even by the mildest threat against their lives; hence even if all of his children were in the house rape may still be committed. (People vs. Panes, G.R. No. 215730, September 11, 2017) ’ + > 2019 Pre Bar Review a ELEMENTS OF FALSIFICATION UNDER ARTS. 171 AND 172 OF RPC. The Sandiganbayan erred in convicting Alid of the crime of falsification of a private document under paragraph 2 of Article 172 of the Revised Penal Code for altering plane ticket, Article 171 - the basis of the indictment of Alid - punishes public officers for falsifying a document by making any alteration or intercalation in a genuine document which changes i elements of falsification under this provisi @ public officer, employee, or The offender takes advantage of his or her official po: falsifies a document by committing any of the acts of falsification under Article 171, Paragraph 2 of Article 172 was the basis of Alid’s conviction. Its elements are as follows: (1) The offender committed any of the acts of falsification, except those Article 171(7); (2) The falsification was committed on a private document; 3. ‘The falsification caused damage or was committed with intent to cause damage to a third party. Comparing the two provisions and the elements of falsification respectively enumerated therein, it is readily apparent that the two felonies are different. Falsification under paragraph 2 of Article 172 goes beyond the elements of falsification enumerated under Article 1¢ former requires additional independent evidence of damage tion to cause the same to a third person. Simply put, in Artic! damage is not an element of the crime; but in paragraph 2 of Articl falsification of a private document, damage is an element necessary for conviction. Therefore, not all the elements of the crime punished by paragraph 2, Article 172 are included under Article 171. Specifically, the er res the element of damage, which is not a requisite i r. Indeed, the Information charging Alid of a felony did not s alleged falsification caused damage or was committed OF FALSIFICATION UNDER ARTICLE 172 OF THE REVISED PENAL CODE CONTAINS THREE PUNISHABLE ACTS. It reads: Art. 172. Falsification by Private Individuals and Use of Falsified Documents. - The penalty of prision correccional in its medium and maximum periods and a fine of not more than 5,000 pesos shall be imposed upon: (1) Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any Public or official document or letter of exchange or any other’kind of commercial document; and (2) Any person who, to the damage of a third Prof. Roland Ysrael R, Atienza I 2019 Notes in Criminal LawParty, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article, Any person who shall introduce in evidence in ‘any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree. (Abusama M. alld va. People, GR 198598, August 2, 2017) CRIMINAL LIABILITY; FALSIFICATION. Criminal intent or mens rea must be shown in felonies committed by means of dolo, such as falsification. Such intent is a mental state, the existence of which is shown by the overt acts of a person. Thus, the acts of Alid must have displayed, with moral certainty, his intention to pervert the truth before we adjudge him criminally liable. In (1) the accused did not benefit from the falsification; and (2) no damage was caused either to the government or to a third person. Considering, therefore, the obvious intent of Alid in altering the PAL Ticket - to remedy his liquidation of casl with the his rescheduled travel - we find no malice on his part when he falsified the document, For this reason, and seeing the overall circumstances in the case at bar, we cannot justly convict Alid of falsification of a commercial document under paragraph 1 of Article 172, (abusama M. Alld vs. People, GR 198598, August 2, 2017) TAKING ADAVANTAGE OF OFFICIAL POSITION IN FALSIFICATION jing a document if (1) they had the duty to make or Prepare or otherwise intervene in the preparation of the document; ot (2) they had official custody of the falsified document. Here, the accused definitely did not have the duty to make, prepare, or intervene in the preparation of the PAL Ticket. Neither was it in his official custody. Therefore, when he falsified the PAL Ticket, he did not take advantage of his official position as Assistant Regional Director of the DA. (Abusama M. Alid ve. People, GR 198598, August 2, 2017) ELEMENTS OF TRAFFICKING IN’PERSONS. Based ort Section 3(a) of RA 9208, the elements of trafficking in persons are: (1) The act of "recruitment, 2019 Pre Bar Review Criminal Law a transportation, transfer or harbouring, or receipt of persons with or without "threat or use of force, or other forms of coercion, ., abuse of power or of position, taking advantage inerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another;" and (3) The purpose of trafficking is exploitation which includes at a minimum "exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale Of organs. (People vs. Jehlson A. Aguirre, et.a., GR 219982, November 20, 2017) CONSENT IS IMMATERIAL IN VIOLATION OF RA 9208. As the RTC found, private complainants were still in their teens when: they testified. That accused-appellants took advantage of their youth and vulnerabil thus, beyond doubt. In fact, as the RTC noted, DDD testified that although she agreed to have sex with a foreigner, she felt scared and even wanted to turn back but had no choice because they were already in Quezon City. To be sure, the recruitment and transportation punished under Section sta) of RA 9208 may be " private complainants, (People ve. Jehleon A. Aguirre, et.al., GR 219952, November 20, 2017) rwienen NON-COMPLIANCE TO CHAIN OF CUSTODY RULE MUST BE JUSTIFIED. Section 21, Article Il of RA 9165 provides the chain of custody rule, outlining the procedure police officers must follow in handling the seized drugs, in order to preserve their integrity and evidentiary value. Under the said section, the apprehending team shall, immediately after seizure and confiscation, conduct a physical inventory and photograph the seized items in the presence of the accused or the person from whom the items were seized, his representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy of the same; also, the seized drugs must be tured over tothe PNP Crime Laboratory within twenty four (24) hours from confiscation for examination. jon-compliance—with these Prof. Roland Ysrael R. Atienza I 2019 Notes in Criminal Lawid items. However, for this saving clause to apply, the Prosecution must explain the reasons behind the procedural lapses, and that the integrity and evidentiary value of the seized evidence had nonetheless been preserved. The justifiable ground for non-compliance must be proven as a fact because the Court cannot presume what these grounds are or that they even exist. (People vs. Alexander D. Alvaro, et.al, GR 1228596, January 10, 2018) WOMEN’S HONOR DOCTRINE. More often than not, where the alleged victim survives to tell her story of sexual: depredation, rape cases are solely decided based on the credibility of the testimony of the private complainant. In doing that is the truth, for it is her natural instinct to protect her ‘honor. However, this-misconceation ticularly conviction of three (3) armed robbers who took turns raping a person named Herminigilda Domingo. The Court, speaking through Justice Alejo Labrador, opinion borders on the fallacy of non sequitor. And while the factual setting back then would have been appropriate to say it is natural for a years transformed into a strong and confidently intelligent and beautiful person, willing to fight for her rights. In this way, we can evaluate the cultural_misconception. It is important to weed out these unnecessary notions because an accused may be convicted solely on the testimony of the victim, provided of course, that the testimony is credible, natural, 2019 Pre Bar Review things. Thus, in order for us to affirm a conviction for rape, we must believe ‘beyond reasonable doubt the version of events narrated by the victim. (People Juvy D, Amerala, et.al, GR 228642-43, January 17, 2018) rytena CONSUMMATED RAPE BY SEXUAL INTERCOURSE. In this case there is no appellant made an attempt to penetrate "AAA's" vagina. The prosecution's evidence lacks definite details regarding penile penetration. On the contrary, "AAA" and "BBB" stated that appellant merely "brushed or rubbed” his Penis on their respective private organs. While "BBB" testified that appellant tried to insert his penis into her vagina, she nevertheless failed to clear on record is that appellant merely brushed {t. Rape is committed by having carnal knowledge of a woman with the use of force, threat or thereof, to produce a conviction of rape ob ‘sexual intercourse. The Court held in People v. Butiong that "the labia majora must be entered for rape to be consummated, and not merely for the penis to stroke the surface of the female organ. Thus, a grazing of the surface of the female organ or touching the mons publs of the pudendum ts not sufficient to constitute attempted rape, if = acta of lneciviousnees” While the mere touching of the external genitalia by the penis capable of consummating the sexual act is sufficient to constitute carnal knowledge, "the act of touching should be understood here as inherently part of the entry of the penis into the labias of the female organ and not mere touching alone of the mons caused pain, but it cannot be presumed that carnal knowledge indeed took place-by reason thereof, (People vs. Noel R. Bejim, GR 208835, January 19, 2018) Prof. Roland Ysrael R, Atienza I 2019 Notes in Criminal LawFULL PENILE PENETRATION IS NOT A CONSUMMATING INGREDIENT IN THE CRIME OF RAPE. The Court is convinced that in Criminal Case Nos. 07-CR-6768 and 07-CR-6771, there was a slight penetration on "CCC's" genitalia. "CCC" positively testified that appellant's penis indeed touiched her vagina. That appellant's penis was not inserted enough only indicates that he was able to penetrate her even partially. Anyway, complete ition is not “Pull penile penetration is not a consummating ingredient in the erime of rape.” Thus, from the testimonial account of "CCC," the Court could reasonably conclude that there was indeed carnal knowledge by appellant of the victim "CCC." We therefore sustain the CA in finding appellant guilty of statutory rape in Criminal Case Nos. 07-CR-6768 and 07-CR-6771, the only elements of which are "(1) that the offender had carnal knowledge of a woman; and (2) that such woman is under 12 years of age or is demented.” (People vs. Hoel R. Bojim, GR 208835, January 19, 2018) PIRACY IN PHILIPPINE WATERS; RIVERS. Under Section 2(a) of PD 632, "Philippine waters" is defined as follows: /AJll bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the ago, irrespective of its depth, breadth, length waters belonging to the Philippines by historic or {egal tte, including terrteial sea, the sea-bed, the insular shelves and other submarine areas over the Philippine: clear that a river is considered part of Philipping waters. The Information also clearly alleged that the vessel's cargo, equipment, and personal belongings of the passengers were taken by the appellant and his armed companions. It stated, in no uncertain terms, that 13 sacks of copra were taken by the appellant through force and intimidation. Undoubtedly, these sacks of copra were part of the vessel's cargo. The Information also stated that the vessel's equipment which consisted of the engine, propeller tube, and tools were taken and carried away by the appellant. Furthermore, the Information also stated that the personal belongings of the passengers consisting of two watches, jewelry, cellphone, and cash money were taken by the appellant and his armed companions. The appeliant was able to seize these items when he, along with armed ‘companions, boarded the victims’ pump boat and seized control of the same. Armed with firearms, appellant and his companions ti¢d Jose's hands, covered his head, and operated their pump boat. They travelled to an island 2019 Pre Bar Review in Samar where they unloaded the sacks of copra. Thereafter, appellant and his armed companions travelled to another island where the engine, propeller tube, and tools of the pump boat were taken out and loaded on appellant's boat. From the foregoing, the Court finds that the prosecution was establish that the victims' pump boat was in Philippine waters when apy and his armed companions boarded the same and seized its cargo, equi and the personal belongings of the passengers. (People ve. Maximo Dela Pena, GR 219581, January 31, 2018) ROBBERY WITH RAPE. Robbery with rape is a special complex crime under Article 294 of the RPC. To be convicted of robbery with rape, the following slements must concur: (1) the taking of personal property is committed with violence or intimidation against persons; (2) the property taken belongs to another; (3) the taking is characterized by intent to gain or animus Iuerandi; and (4) the robbery is accompanied by rape. For a conviction of the crime of robbery with rape to stand, it must be shown that not the other way around. This special complex crime under Article 294 of the Revised Penal Code contemplates a situation where the original intent of the ac as_an accompanying crime. (People ve. Hernando Bongos, GR 227698, January 31, 2018) DELAY IN REPORTING INCIDENT OF RAPE. Delay in reporting an ility of t x. The charge of rape is acide nor can it be taken against Fendered doubeful only T the delay was unreasonable and unexplained. AAA explained that she did not immediately report that she was also raped during the occasion of the robbery incident because appellant, who was also a neighbor, threatened to kill her if she does. Nonetheless, the 9-days delay in reporting the rape incident cannot be said to be unreasonable considering the shame and fear that AAA felt. Such delay does not affect the truthfulness of the charge in the absence of other circumstances that show the same to be a mere concoction or impelled by some ill motive. (People vs. Hernando Bongos, GR 227698, Janvary 31, 2018) Prof. Roland Ysrael R. Atienza I 2019 Notes in Criminal LawMEDICO-LEGAL REPORT IS NOT INDISPENSABLE TO THE PROSECUTION OF A RAPE CASE. Insofar as the evidentiary value of a medical examination is concerned, we have held that a medico-legal report is not indispensable to the prosecution of a rape case, it being merely corroborative in nature. In convicting rapists based entirely on the testimony of their victim, we have said that a medico-legal report is bu no means controlling. Thus, since it is merely corroborative in character, @ the actual incident, cannot testify on what exactly happened és his testimony would not be based on personal knowledge or derived from his own perception. Consequently, a medico-legals testimony cannot establish a certain fact es it can only suggest what most likely happened. In the legals finding serious doubt as to the credibilit victim, (People Juvy D. Amerala, et.al, GR 225642-43, January 17, 2018) SPECIFIC LOCATION OF A VAGINAL LACERATION CANNOT DISTINGUISH CONSENSUAL FROM NON-CONSENSUAL SEX, In a similar study comparing injuries from consensual and non-consensual intercourse, the authors discovered that the statistical results of the locations of vaginal laceration are almost the same. Their findings suggest that the injuries are similar after consensual and non-consensual 5 Considered (ouch 0, the frequency of lacerations and whether they are located in different positions) to determine whether the sexual act was (People Juvy D. Amerala, et.al., GR 225642-43, January 17, 2018) LACERATIONS, WHETHER HEALED OR FRESH, ARE THE BEST PHYSICAL EVIDENCE OF FORCIBLE DEFLORATION. Inaccuracies and inconsistencies in the testimony of a rape victim is not unusual considering that the painful experience is oftentimes not remembered in detail ds "filt causes deep psychological wounds that scar the victim for life and which her 2019 Pre Bar Review Criminal Law BB conscious and subconscious mind would opt to forget.” Besides, the determination of the credibility of a witness is best left to the trial court, Which had the opportunity to observe the deportment and demeanor of the witness while testifying. Moreover, the Court has consistently ruled that there is sufficient basis to conclude the existence of carnal knowledge when the testimony of a rape victim is corroborated by the medical findings of the examining physician as “[Ijacerations, whether healed or fresh, are the best physical evidence of forcible deflratin." tn this case, the i sician, who testified that the presence of deep healed lacerations on the victim's genitalia is consistent with the dates the alleged sexual acts were committed. (People vs. Emiliano De Chaves, GR 218427, January 31, 2018) ostens WHEN THE LASCIVIOUS ACT IS NOT COVERED BY R.A. 8353, THEN ARTICLE 336 OF THE RPC IS APPLICABLE, EXCEPT WHEN THE LASCIVIOUS CONDUCT IS COVERED BY R.A. 7610. R.A. 8353 did not expressly repeal Article 336 of the RPC, as amended. Section 4 of R.A. 8353 regulations inconsistent with or contrary to the provisions thereof amended, modified or repealed, accordingly. when the lascivious conduct is covered by R.A ct, R.A. 8353 only modified Article. 336 of the RPC, as follows: (1) ky carrying over to acts of lasciviousness the additional circumstances applicable to rape, viz: threat and fraudulent machinations or grave abuse of authority; (2) by retaining the circumstance that the offended party is under 12 or demented, is presumed incapable of giving rational consent; and (3) by removing from the scope of acts of lasciviousness and placing under the crime of rape by sexual assault the specific lewd act of inserting the offender's penis into another person's mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person. In fine, Article 336 of the RPC, as amended, is still a good law despite the Prof, Roland Yerael R, Atienza 1 2019 Notes in Criminal Lawenactment of R.A. 8353 for there is no irreconcilable inconsistency between their provisions. (People vs. Béwin Dagea aka Wing-Wing, GR 219889, Januaty 29, 2018) QUALIFIED TRAFFICKING IN PERSON. Appellant Nangcas was charged and convicted for qualified trafficking in persons under Section 4(a), in relation to Section 6(a) and (c), and Section 3(a), (b), and (d) of R.A. No. 9208, which read: Section 4, . ~ It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recrut transport, transfer; harbor, provide, or receive a person by any ing those done under the pretext of domestic oF overseas raining or apprenticeship, for the purpose of prostitution, Pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; Section 6. Qualified Trafficking in Persons. - The following are considered as qualified t person is a child; xxx (c) When the crime is commi large scale. Trafficking is deemed committed by group of three (3) or more persons conspiring or confederating with one another, It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group. (People ve. Gloria Nangeas, GR 218806, ‘June 13, 2018) FRAUD IN TRAFFICKING IN PERSONS; RA 9208. Appellant Nangkas employed fraud and deception in order to bring the victims to Marawi City. Deceit is the false representation of a matter of fact whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury; while fraud is every kind of deception whether in the form of insidious machinations, manipulations, concealments or misrepresentations, for the purpose of leading another party into error and thus execute a particular act. From the factual milieu, it is clear that actual fraud and deception are present in this case, such as when Nangcas induced and coaxed the victims to go with her. She promised the victims and their parents that their daughters would be working within Cagayan De Oro City, with an enticing salary of P1,500.00 per month. X X X The record shor was planned, contrary to her defense that she only took them there after the supposed employet in lligan changed htr mind to accept thein as her house helpers. It was sufficiently established that in Marawi City, Nangcas already 2019 Pre Bar Review * and collect her fees. Nangcas’ failure to not had Baby and Cairon ready and waiting for her to bring the recruits 69 them whereabouts bolsters the allegation that it was really her intent the fact. i i Oro; her acts thus constitute de: Gloria Nangeas, GR 218806, June 13, and fraud as defined by law. (People vs. FORCED LABOR, SLAVERY OR INVOLUNTARY SERVITUDE UNDER RA 5208, ‘The victims were sold for forced labor, slavery or involuntary servitude. Slavery is defin tion of work or services from ant petson by enticement, violence, intimidation or threat, use of force. or ‘coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt bondage or deception.5! In this case, Judith and the three (3) other minor victims were enticed to work as house helpers after Nangcas had told them of their supposed salary and where they would be working; only to discover that they were brought to another place without their consent. In Marawi, the victims were constrained to work with the intention to save money for their fare going back home; however, when they asked for their salary they were told that it had already been given to Nangcas. (People vs. Glorla Nangeas, GR 218806, June 13, 2018) RA 8353 AMENDING THE RPC SHOULD NOW BE UNIFORMLY APPLIED IN CASES INVOLVING SEXUAL INTERCOURSE COMMITTED AGAINST F RA 7610. The_Court_remains of sexual intercourse against and without the consent of AAA, who was only fifteen (15) years old at that time. As such, she is considered under 4 former. Verily, penal laws are crafted by’ legislature to punis#f certain acts, and when two (2) penal laws may both theoretically apply to the same case, Prof, Roland Ysrael R, Atienza | 2019 Notes in Criminal Lawthen the law which is more special in nature, regardless of the time of enactment, should prevail. After much deliberation, the Court herein ai and_not Section § (b) of RA 7610. Indeed, wifile RA 7610 has been considered as a special law that covers the sexual abuse of minors, RA 8353 has expanded the reach of our already existing rape laws. These existing rape laws should not only pertain to the old Article 335% of the RPC but also to the provision on sexual intercourse under Section 5 (6° of RA 7610 which, applying Quimvel's characterization of a child “exploited in prostitution or subjected to other abuse,” virtually punishes the rape of a minor. Based on the foregoing considerations, the Court therefore holds that in instances where an accused is charged and eventually convicted of having sexual intercourse_with_a_minor, the provisions on rape under RA 8353 amending the RPC should prevail over Section 5 (b) of RA 7610. Further, to reiterate, the ‘focus of evidence” approach used in the Tubillo, et gl rulings had already been abandoned. (People vs. Francisco Bjercito, OR 229861, July 2, 2018) QUALIFIED TRAFFICKING IN PERSONS COMMITTED BY PARENTS. Section 3 (a) of RA 9208 defines the term “Trafficking in Persons" as the “recruitment, transportation, transfer or harboring, or receipt of persons with or without the consent or knowledge, within or across of the vulnerability of the person, or, the giving or receiving of payments or 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 forms of sexual exploitation, forced labor or services, slave: removal or sale of organs." The same wision further recruitment tion, ." ." The crime of “Trafficking in Persons" becomes qualified under, among others, the following circumstances: Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking: (a) When the trafficked person is a child; x XXX (d) When the offender is an ascendant, parent, sibling, guardian or 2019 Pre Bar Review @ person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; x x x x As etly rules i e (3) counts of sd Trafficking in Perso: under Section 4 (e) in relation to Section 6 (a) and (d) of RA 9208 as the prosecution had established beyond reasonable doubt that: (a) they admittedly are the blological parents of AAA, BBB, and CCC, who were ail minors when the crimes against them were committed; (b) they made their children perform acts of cybersex for different fore! and thus, engaged them in prostitution and pornography; (c) they received various amounts of money in exchange for the sexual exploitation of their children; and (4) they achieved their criminal design by taking advantage of their children's vulnerability as minors and deceiving them that the money they make from their lewd shows are needed for the family's daily sustenance. In the same manner, the courts a quo likewise correctly convicted XXX of one (1) count of the same crime, this time under Section 4 (a) in relation to Section 6 (a) and (d) of RA 9208, as it was shown that XXX transported and provided her own minor biological child, AAA, to a foreigner in Makati City for the purpose of prostitution, again under the pretext that the money acquired from such illicit transaction is needed for their ‘family’s daily sustenance. (People vs. XXX and YY¥, GR 235652, July 9, 2018) yxicnn “God Bless those who share” and Bar Reviewer in Criminal Law: University of the East, C.M. Recto Era University, Qi ity; Uni ‘San Sebastian College- Manila; VLC-MLQU; Review Program; Lex University (WMSU), CPRS- 2 + ’ Prof. Roland Yerael R. Atienza I 2019 Notes in Criminal Law