Professional Documents
Culture Documents
1
It is contended that the acts of Susano did not Filipino undercovers lead the Japanese militaries to the
constitute treason. If furnishing women for immoral hideouts of the guerrillas. The accused severely beat
purposes to the enemies was treason because and tortured the guerrilla suspects and even
women's company kept up their morale, so fraternizing prosecuted some of them.
with them, entertaining them at parties, selling them
food and drinks, and kindred acts, would be treason. Issue: Are the torturous acts of accused considered a
separate crime?
Issue: WON the acts constituted treason
Ruling: NO. But it is considered an aggravating
Ruling: NO. circumstance.
The law of treason does not prescribe all kinds of In the nature of things, the giving of aid and comfort
social, business and political intercourse between the can only be accomplished by some kind of action. Its
belligerent occupants of the invaded country and its very nature partakes of a deed or physical activity as
inhabitants. In the nature of things, the occupation of a opposed to a mental operation. (Cramer vs. U.S., ante.)
country by the enemy is bound to create relations of all This deed or physical activity may be, and often is, in
sorts between the invaders and the natives. What aid itself a criminal offense under another penal statute or
and comfort constitute treason must depend upon their provision. Even so, when the deed is charged as an
nature degree and purpose. element of treason it becomes identified with the latter
crime and cannot be the subject of a separate
As general rule, to be treasonous the extent of the aid punishment, or used in combination with treason to
and comfort given to the enemies must be to render increase the penalty as article 48 of the Revised Penal
assistance to them as enemies and not merely as Code provides.
individuals and in addition, be directly in furtherance of
the enemies' hostile designs. To make a simple
This rule would not, of course, preclude the
distinction: To lend or give money to an enemy as a
punishment of murder or physical injuries as such if the
friend or out of charity to the beneficiary so that he
government should elect to prosecute the culprit
may buy personal necessities is to assist him as
specifically for those crimes instead on relying on them
individual and is not technically traitorous. On the
as an element of treason. It is where murder or
other hand, to lend or give him money to enable him to
physical injuries are charged as overt acts of treason
buy arms or ammunition to use in waging war against
that they cannot be regarded separately under their
the giver's country enhance his strength and by same
general denomination.
count injures the interest of the government of the
giver. That is treason.
However, the brutality with which the killing or physical
injuries were carried out may be taken as an
Applying these principles to the case at bar, appellant's
aggravating circumstance. Thus, the use of torture and
first assignment of error is correct. His
other atrocities on the victims instead of the usual and
"commandeering" of women to satisfy the lust of
less painful method of execution will be taken into
Japanese officers or men or to enliven the
account to increase the penalty under the provision of
entertainment held in their honor was not treason even
article 14, paragraph 21, of the Revised Penal Code,
though the women and the entertainment helped to
since they, as in this case, augmented the sufferings of
make life more pleasant for the enemies and boost
the offended parties unnecessarily to the attainment of
their spirit; he was not guilty any more than the
the criminal objective.
women themselves would have been if they voluntarily
and willingly had surrendered their bodies or organized
the entertainment. Sexual and social relations with the
Japanese did not directly and materially tend to
improve their war efforts or to weaken the power of the US vs Bautista
United State. Intent of disloyalty is a vital ingredient in
the crime of treason, which, in the absence of Facts: During the latter part of the year 1903
admission, may be gathered from the nature and a junta was organized and a conspiracy entered into by
circumstances of each particular case. a number of Filipinos, resident in the city of Hongkong,
for the purpose of overthrowing the Government of the
United States in the Philippine Islands by force of arms
and establishing in its stead a government to be known
People vs Prieto as the Republica Universal Democratica Filipina.
Facts: Prieto is prosecuted for treason on 7 counts. Prim Ruiz was recognized as the titular head of this
Count 1, 2, 3 and 7 of the information alleged that conspiracy and one Artemio Ricarte as chief of the
Prieto, as a Japanese undercover, along with other
2
military forces. Ricarte came to Manila and held That state of affairs disclosed body of
several meetings. evidence, . . . the playing of the game of
government like children, the secretaries,
Puzon allegedly held several meetings where they colonels, and captains, the pictures of flags and
were planning for the upcoming insurrection. In said seals and commission, all on proper, for the
meetings, the group planned on a brigandage and purpose of duping and misleading the ignorant
Puzon was assigned as brigader-general of the signal and the visionary . . . should not be dignified by
corps. the name of treason.
People vs Rodriguez
3
Facts: M/V Noria left Jolo for Lauban. After two to three Pilas Island, Province of Basilan, to sell the goods they
hours of its departure a commotion occurred in one of received from Alberto Aurea.
the cabins of its vessel.
They took their dinner and slept that night in the house
The accused (Jaime, Dario, Rico, and Peter) were crew of Omar-kayam Kiram at Pilas Island. They sold the
members of M/V Noria 767. They were armed and they goods in Bulakbulak. The following day group again
helped one other in stealing the crew and passenger’s went to Baluk-Baluk accompanied by Kiram and Siyoh.
belongings (total P3,687,300.00). In the same event,
the accused intentionally killed 30 people and injured On their way back to Pilas after selling the goods,
some others. another pumpboat approached them. Kiram threw a
rope to the other pumpboat which towed de Guzman's
Issue: WON trial court erred in not considering the pumpboat towards Mataja Island. On the way to Mataja
plea of guilty as a mitigating circumstance Island, Antonio de Guzman and his companions were
divested of their money and their goods by Kiram.
Ruling: NO. They were also asked to undress. Kiram with his
Anent the first assigned error, suffice it to say that group killed Antonio’s companions, but Antonio
Presidential Decree No. 532, otherwise known as the survived the incident.
Anti-Piracy Law, amending Article 134 of the Revised Issue: Are the accused guilty beyond reasonable
Penal Code and which took effect on August 8, 1974, doubt of piracy?
provides:
Ruling: YES.
SEC. 3. Penalties.—Any person who
commits piracy or highway
1. That if they were the culprits they could have easily
robbery/brigandage as herein defined,
robbed their victims at the Kiram house or on any of
shall, upon conviction by competent
the occasions when they were travelling together.
court be punished by:
Suffice it to say that robbing the victims at Kiram's
house would make Kiram and his family immediately
a) Piracy.—The penalty of reclusion suspect and robbing the victims before they had sold
temporal in its medium and maximum all their goods would be premature. However, robbing
periods shall be imposed. If physical and killing the victims while at sea and after they had
injuries or other crimes are committed sold all their goods was both timely and provided
as a result or on the occasion thereof, safety from prying eyes.
the penalty of reclusion perpetua shall
be imposed. If rape, murder or no
2. That the accused immediately reported the incident
homocide is committed as a result or
to the PC. The record does not support this assertion.
on the occasion of piracy, or when the
For as the prosecution stated: "It is of important
offenders abandoned the victims
consequence to mention that the witness presented by
without means of saving themselves,
the defense are all from Pilas Island and friends of the
or when the seizure is accomplished by
accused. They claimed to be members of retrieving
firing upon or boarding a vessel, the
team for the dead bodies but no PC soldiers were ever
mandatory penalty of death shall be
presented to attest this fact. The defense may counter
imposed. (Emphasis supplied)
why the prosecution also failed to present the Maluso
Police Daily Event book? This matter has been brought
Clearly, the penalty imposable upon persons found by Antonio not to the attention of the PC or Police but
guilty of the crime of piracy where rape, murder or to an army detachment. The Army is known to have no
homicide is committed is mandatory death penalty. docket book, so why take the pain in locating the army
Thus, the lower court committed no error in not soldiers with whom the report was made?
considering the plea of the three (3) defendants as a (Memorandum, p. 7.) And Judge Rasul also makes this
mitigating circumstance. observation: "..., this Court is puzzled, assuming the
version of the defense to be true, why the lone survivor
Antonio de Guzman as having been allegedly helped by
People vs Siyoh the accused testified against them. Indeed, no
evidence was presented and nothing can be inferred
Facts: People’s version: from the evidence of the defense so far presented
Alberto Aurea was a businessman engaged in selling showing reason why the lone survivor should pervert
dry goods at the Larmitan Public Market, in the the truth or fabricate or manufacture such heinous
province of Basilan. Antonio de Guzman together with crime as qualified piracy with triple murders and
his friends (Anastacio, Rodolfo, and Danilo) who were frustrated murder? The point which makes us doubt
also travelling merchants like him, were on their way to the version of the defense is the role taken by the PC
4
to whom the report was allegedly made by the accused case on June 8, 1981 Anastacio de Guzman was still
immediately after the commission of the offense. missing. But the number of persons killed on the
Instead of helping the accused, the PC law occasion of piracy is not material. P.D. No. 532
enforcement agency in Isabela, perhaps not crediting considers qualified piracy, i.e. rape, murder or
the report of the accused or believing in the version of homicide is committed as a result or on the occasion of
the report made by the lone survivor Antonio de piracy, as a special complex crime punishable by death
Guzman, acted consistently with the latter's report and regardless of the number of victims.
placed the accused under detention for investigation."
(Expediente, pp. 127-128.) 5. That the death certificates are vague as to the
nature of the injuries sustained by the victims; were
3. That the affidavits of Dolores de Guzman, wife of the they hacked wounds or gunshot wounds? The cause of
deceased Anastacio de Guzman, and Primitiva de death stated for Rodolfo de Castro and Danilo Hiolen is:
Castro, wife of the deceased Rodolfo de Castro, state "Hemorrhage due to hacked wounds, possible gunshot
that Antonio de Guzman informed them shortly after wounds." (Exhs. D and E.) The cause is consistent with
the incident that their husbands were killed by the the testimony of Antonio de Guzman that the victims
companions of Siyoh and Kiram. The thrust of the were hacked; that the appellants were armed with
appellants' claim, therefore, is that Namli Indanan and "barongs" while Indanan and Jamahali were armed with
Andaw Jamahali were the killers and not the former. armalites.
But this claim is baseless in the face of the proven
conspiracy among the accused for as Judge Rasul has
stated:
ARBITRARY DETENTION
It is believed that conspiracy as alleged in the Umil vs Ramos
information is sufficiently proved in this case.
In fact the following facts appear to have been Facts: 8 petitioners filed for habeas corpus.
established to show clearly conspiracy: A) On
July 14, 1979, while peddling, the survivor- The respondents uniformly assert that the privilege of
witness Tony de Guzman noticed that near the the writ of habeas corpus is not available to the
window of a dilapidated house, both accused petitioners as they have been legally arrested and are
were talking to two (2) armed strange-looking detained by virtue of valid informations filed in court
men at Baluk-Baluk Island; B) When the against them.
pumpboat was chased and overtaken, the
survivor-witness Tony de Guzman recognized The petitioners counter that their detention is unlawful
their captors to be the same two (2) armed as their arrests were made without warrant and,
strangers to whom the two accused talked in that no preliminary investigation was first conducted,
Baluk- Baluk Island near the dilapidated house; so that the informations filed against them are null and
C) The two accused, without order from the two void.
armed strangers transferred the unsold goods
to the captors' banca; D) That Tony de Guzman Issue: WON the petitioners were validly detained
and companion peddlers were divested of their
jewelries and cash and undressed while the Ruling: YES.
two accused remained unharmed or not
molested. These concerted actions on their An arrest without a warrant of arrest, under Section 5
part prove conspiracy and make them equally paragraphs (a) and (b) of Rule 113 of the Rules of
liable for the same crime (People vs. Pedro, 16 Court, as amended, is justified when the person
SCRA 57; People vs. lndic 10 SCRA 130). The arrested is caught in flagranti delicto, viz., in the act of
convergence of the will of the conspirators in committing an offense; or when an offense has just
the scheming and execution of the crime been committed and the person making the arrest has
amply justifies the imputation of all of them the personal knowledge of the facts indicating that the
act of any of them (People vs. Peralta, 25 person arrested has committed it. The rationale behind
SCRA, 759). (Id., pp. 128-129.) lawful arrests, without warrant, was stated by this
Court in the case of People vs. Kagui Malasugui 1 thus:
4. That there is no evidence Anastacio de Guzman was
killed together with Rodolfo de Castro and Danilo To hold that no criminal can, in any
Hiolen because his remains were never recovered. case, be arrested and searched for the
There is no reason to suppose that Anastacio de evidence and tokens of his crime
Guzman is still alive or that he died in a manner without a warrant, would be to leave
different from his companions. The incident took place society, to a large extent, at the mercy
on July 14, 1979 and when the trial court decided the of the shrewdest, the most expert, and
5
the most depraved of criminals, Espiritu vs. Lim – The respondents claim however, that
facilitating their escape in many the detention of the petitioner is justified in view of the
instances. Information filed against him before the Regional Trial
Court of Manila, docketed therein as Criminal Case No.
The record of the instant cases would show that the 88-683-85, charging him with violation of Art. 142 of
persons in whose behalf these petitions for habeas the Revised Penal Code (Inciting to Sedition).
corpushave been filed, had freshly committed or were
actually committing an offense, when apprehended, so The respondents also claim that the petitioner was
that their arrests without a warrant were clearly lawfully arrested without a judicial warrant of arrest
justified, and that they are, further, detained by virtue since petitioner when arrested had in fact just
of valid informations filed against them in court. committed an offense in that in the afternoon of 22
November 1988, during a press conference at the
Umil vs Ramos – As to Rolando Dural, it clearly appears National Press Club.
that he was not arrested while in the act of shooting
the two (2) CAPCOM soldiers aforementioned. Nor was The record of this case shows that at about 8:30
he arrested just after the commission of the said o'clock in the morning of 14 December 1988, one
offense for his arrest came a day after the said Romulo Bunye II was killed by a group of men near the
shooting incident. Seemingly, his arrest without corner of T. Molina and Mendiola Streets in Alabang,
warrant is unjustified. Muntinglupa, Metro Manila. One of the suspects in the
killing was Ramil Regal who was arrested by the police
However, Rolando Dural was arrested for being a on 28 December 1988. Upon questioning, Regal
member of the New Peoples Army (NPA), an outlawed pointed to Narciso Nazareno as on of his companions in
subversive organization. Subversion being a continuing the killing of the said Romulo Bunye II. In view thereof,
offense, the arrest of Rolando Dural without warrant is the police officers, without warrant, picked up Narciso
justified as it can be said that he was committing an Nazareno and brought him to the police headquarters
offense when arrested. The crimes of rebellion, for questioning.
subversion, conspiracy or proposal to commit such
crimes, and crimes or offenses committed in
furtherance thereof or in connection therewith People vs Burgos
constitute direct assaults against the State and are in
the nature of continuing crimes. Facts: One Cesar testified that he was forcibly
recruited by accused Ruben Burgos as member of the
Roque vs. De Villa – The arrest without warrant of NPA, threatening him with the use of firearm against
Roque was additionally justified as she was, at the time his life, if he refused.
of apprehension, in possession of ammunitions without
license to possess them. Through the help of Pedro Burgos, brother of accused,
the team was able to locate accused, who was plowing
Anonuevo vs. Ramos – The arrest of Domingo his field.
Anonuevo and Ramon Casiple, without warrant, is also
justified under the rules. Both are admittedly members At first accused denied possession of said firearm but
of the standing committee of the NUFC and, when later, upon question profounded by Sgt. Alejandro
apprehended in the house of Renato Constatino, they Buncalan with the wife of the accused, the latter
had a bag containing subversive materials, and both pointed to a place below their house where a gun was
carried firearms and ammunition for which they had no buried in the ground.
license to possess or carry.
Accused, when confronted with the firearm Exhibit "A",
after its recovery, readily admitted the same as issued
The petitioners' (Anonuevo and Casiple) claim that to him by Nestor Jimenez, otherwise known as a certain
they were unlawfully arrested because there was no Alias Pedipol, allegedly team leader of the sparrow unit
previous warrant of arrest, is without merit the record of New People's Army.
shows that Domingo Anonuevo and Ramon Casiple
were carrying unlicensed firearms and ammunition in Issue: Was the arrest of Ruben Burgos lawful? Were
their person when they were apprehended. the search of his house and the subsequent
confiscation of a firearm and documents allegedly
Ocaya vs. Aguirre – The arrest without warrant, found therein conducted in a lawful and valid manner?
of Vicky Ocaya is justified under the Rules, since she
Ruling:
had with her unlicensed ammunition when she was
arrested.
Under Section 6(a) of Rule 113, the officer arresting a
person who has just committed, is committing, or is
6
about to commit an offense must it is made, generally nothing that happened or is
have personal knowledge of that fact. The offense discovered afterwards can make it lawful. The fruit of a
must also be committed in his presence or within his poisoned tree is necessarily also tainted.
view. (Sayo v. Chief of Police, 80 Phil. 859).
7
officialdom can hold the same club over the head of against them; (4) the searches and seizures were
any citizen. made in an illegal manner; and (5) the documents,
papers and cash money seized were not delivered to
As to criminal responsibility, it is true that the Penal the courts that issued the warrants
Code in force in these Islands provides:
In their answer, respondents-prosecutors alleged, 6 (1)
Any public officer not thereunto authorized by that the contested search warrants are valid and have
law or by regulations of a general character in been issued in accordance with law; (2) that the
force in the Philippines who shall banish any defects of said warrants, if any, were cured by
person to a place more than two hundred petitioners' consent; and (3) that, in any event, the
kilometers distant from his domicile, except it effects seized are admissible in evidence against
be by virtue of the judgment of a court, shall herein petitioners, regardless of the alleged illegality of
be punished by a fine of not less than three the aforementioned searches and seizures.
hundred and twenty-five and not more than
three thousand two hundred and fifty pesetas. Issue: WON the search warrants were valid
9
OFFENDING RELIGIOUS FEELINGS REBELLION
Facts: The accused, while holding the funeral of one Facts: About March 15, 1945, Amado Hernandez and
who in life was called Antonio Macabigtas, in other appellants were accused of conspiring,
accordance with the rites of religious sect known as the confederating and cooperating with each other, as well
"Church of Christ", willfully, unlawfully, and criminally as with the thirty-one (31) defendants charged in the
caused the funeral to pass, as it in fact passed, through criminal cases of the Court of First Instance of Manila.
the chruchyard fronting the Roman Catholic Church, They were accused of being members of PKP
which churchyard belongs to the said Church, which Community Party of the Philippines which was actively
churchyard belongs to the said Church and is devoted engaged in an armed rebellion against the government
to the religious worship thereof, against the opposition of the Philippines. With the party of HUKBALAHAP
of the undersigned complainant who, through force (Hukbo ng Bayan Laban sa mga Hapon), they
and threats of physical violence by the accused, was committed the crime of rebellion causing murder,
compelled to allow the funeral to pass through the said pillage, looting plunder, etc., enumerated in 13 attacks
churchyard. An act committed in grave profanation of on government forces or civilians by HUKS.
the place, in open disregard of the religious feelings of
the Catholics of this municipality, and in violation of The government, headed by the Solicitor General,
article 133 of the Revised Penal Code. argued that the gravity of the crime committed
required the denial of bail. Moreover, the complex
Issue: WON the acts of the accused is offensive to crime charged by the government against Hernandez
religious feelings has been successfully imposed with other arrested
communist leaders and was sentenced to life
imprisonment.
Ruling: YES
10
Facts: Senate Minority Floor Leader Juan Ponce Enrile respondent for any of the petitioners, the
was arrested by law enforcement officers led by corresponding bail bond flied with this Court shall
Director Alfredo Lim of the National Bureau of become functus oficio. No pronouncement as to costs.
Investigation on the strength of a warrant ISSUEd by
Hon. Jaime Salazar.
They charged Senator Enrile, the spouses Rebecco and Enrile vs Amin
Erlinda Panlilio, and Gregorio Honasan with the crime
of rebellion with murder and multiple frustrated murder Facts: An information was charged against Senator
allegedly committed during the period of the failed Juan Ponce Enrile for having committed rebellion
coup attempt from November 29 to December 10, complexed with murder with the Regional Trial Court of
1990. Quezon City. Another information was subsequently
filed with the Regional Trial Court 9of Makati, charging
The Solicitor General insists that petitioners’ case don’t the former with a violation of Presidential Decree No.
fall within Hernandez RULING because information in 1829 for willfully and knowingly obstructing or delaying
Hernandez charged murders and other common crimes the apprehension of Ex. Lt. Col. Gregorio “Gringo”
committed as necessary means for the commission of Honasan.
rebellion, whereas, the information against petitioners
charged murder and frustrated murder committed on Allegedly, Senator Enrile entertained and
occasion, but not in furtherance, of rebellion. accommodated Col. Gringo Honasan by giving him food
and comfort on December 1, 1989 in his house and not
Issue: Whether or not the Hernandez RULING shall doing anything to have Honasan arrested or
apply apprehended. It was the prosecution’s contention that
harboring or concealing a fugitive is punishable under
Ruling: YES. a special law while rebellion is based on Revised Penal
Code; thus, the two crimes can be separately punished.
There is one other reason and a fundamental one at
that why Article 48 of the Penal Code cannot be Issue: Can a separate crime of a violation of PD 1829
applied in the case at bar. If murder were not be charged against the petitioner?
complexed with rebellion, and the two crimes were
punished separately (assuming that this could be Ruling: NO.
done), the following penalties would be imposable
upon the movant, namely: (1) for the crime of The Supreme Court used the doctrine that if a person
rebellion, a fine not exceeding P20,000 and prision cannot be charged with the complex crime of rebellion,
mayor, in the corresponding period, depending upon he can neither be charged separately for two different
the modifying circumstances present, but never offenses, where one is a constitutive or component
exceeding 12 years of prision mayor, and (2) for the element or committed in furtherance of rebellion.
crime of murder, reclusion temporal in its maximum
period to death, depending upon the modifying It was also noted that petitioner was already facing
circumstances present. In other words, in the absence charges of rebellion in conspiracy with Honasan. Being
of aggravating circumstances, the extreme penalty in conspiracy thereof, the act of harboring or
could not be imposed upon him. However, under Article concealing Col. Honasan is clearly a mere component
48 said penalty would have to be meted out to him, or ingredient of rebellion or an act done in furtherance
even in the absence of a single aggravating of rebellion. It cannot be made the basis of a separate
circumstance. Thus, said provision, if construed in charge.
conformity with the theory of the prosecution, would
be unfavorable to the movant. Also, the High Court reiterated that in cases of
rebellion, all crimes committed in furtherance thereof
The Court reiterates that based on the doctrine shall be absolved. Hence, the other charge of rebellion
enunciated in People vs. Hernandez, the questioned complexed with murder cannot prosper. All crimes,
information filed against petitioners Juan Ponce Enrile whether punishable under a special law or general law,
and the spouses Rebecco and Erlinda Panlilio must be which are mere components or ingredients, or
read as charging simple rebellion only, hence said committed in furtherance of rebellion, become
petitioners are entitled to bail, before final conviction, absorbed and it cannot be charged as separate crimes.
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 amount of bail to be Ocampo vs Abando
posted by the petitioners. Once bail is fixed by said
11
Facts: On 26 August 2006, a mass grave was the court shall dismiss the original complaint or
discovered by elements of the 43rd Infantry Brigade of information upon the filing of a new one charging the
the Philippine Army at Sitio Sapang Daco, Barangay proper offense in accordance with Section 19, Rule
Kaulisihan, Inopacan, Leyte.1 The mass grave 119, provided the accused shall not be placed in
contained skeletal remains of individuals believed to be double jeopardy. The court may require the witnesses
victims of "Operation Venereal Disease" (Operation VD) to give bail for their appearance at the trial.
launched by members of the Communist Party of the
Philippines/New People’s Army/National Democratic A first jeopardy attaches only after the accused has
Front of the Philippines (CPP/NPA/NDFP) to purge their been acquitted or convicted, or the case has been
ranks of suspected military informers. dismissed or otherwise terminated without his express
consent, by a competent court in a valid indictment for
Prosecutor Vivero recommended the filing of an which the accused has entered a valid plea during
Information for 15 counts of multiple murder against arraignment.
named members of the CPP/NPA/NDFP, including
petitioners herein.
The political offense doctrine is not aground to Issue: Whether or not rebellion is the proper charge
dismiss the charge againstpetitioners prior to a and not murder
determinationby the trial court that the murderswere
committed in furtherance ofrebellion. Ruling: No.
Under political offense doctrine common crimes, Divested of its common complexion therefore, any
perpetrated in furtherance of a political offense, are ordinary act, however grave, assumes a different color
divested of their character as "common" offenses and by being absorbed in the crime of rebellion, which
assume the political complexion of the main crime of carries a lighter penalty than the crime of murder. In
which they are mere ingredients, and, consequently, deciding if the crime committed is rebellion, not
cannot be punished separately from the principal murder, it becomes imperative for our courts to
offense, or complexed with the same, to justify the ascertain whether or not the act was done in
imposition of a graver penalty. furtherance of a political end. The political motive of
the act should be conclusively demonstrated. It is not
When the political offense doctrine is asserted as a enough that the overt acts of rebellion are duly proven.
defense in the trial court, it becomes crucial for the Both purpose and overt acts are essential components
court to determine whether the act of killing was done of the crime. With either of these elements wanting,
in furtherance of a political end, and for the political the crime of rebellion legally does not exist. In fact,
motive of the act to be conclusively demonstrated. even in cases where the act complained of were
committed simultaneously with or in the course of the
Any amendment before plea, which downgrades the rebellion, if the killing, robbing, or etc., were
nature of the offense charged in or excludes any accomplished for private purposes or profit, without
accused from the complaint or information, can be any political motivation, it has been RULING that the
made only upon motion by the prosecutor, with notice crime would be separately punishable as a common
to the offended party and with leave of court. The court crime and would not be absorbed by the crime
shall state its reasons in resolving the motion and rebellion.
copies of its order shall be furnished all parties,
especially the offended party.
12
Facts: The complex crime of which appellants Narciso intended presumably to replenish the supplies of the
Umali, et. al were found guilty was said to have been dissidents in the mountains. For these robberies, only
committed during the raid staged in the town of those who actually took part therein are responsible,
Tiaong, Quezon, between 8:00 and 9:00 in the evening and not the three appellants herein. With respect to
of November 14, 1951, by armed men. The raid took the crime of multiple frustrated murder, while the
place resulting in the burning down and complete assault upon policeman Pedro Lacorte with a hand
destruction of the house of Mayor Marcial Punzalan grenade causing him injuries resulting in his blindness
including its content valued at P24,023; the house of in one eye, may be regarded as frustrated murder; the
Valentin Robles valued at P10,000, and the house of wounding of Ortega, Anselo, Rivano, Garcia and Lector
one Mortega, the death of Patrolman Domingo Pisigan should be considered as mere physical injuries. The
and civilians Vicente Soriano and Leocadio Untalan, crimes committed are, therefore, those of sedition,
and the wounding of Patrolman Pedro Lacorte and five multiple murder, arson, frustrated murder and physical
civilians. injuries.
13
Ruling: YES. of armed forces, to be used when the opportunity
presented itself, for the purpose of overthrowing the
Sedition, in its more general sense, is the raising of present Government and setting up another in its
commotions or disturbances in the State. The stead.
Philippine law on the subject (Act No. 292) makes all
persons guilty of sedition who rise publicly and This contention cannot be maintained. The public
tumultuously in order to obtain by force or outside of presentation of the drama took place in the month of
legal methods any one of vie objects, including that of May, 1903, less than two years after the establishment
inflicting any act of hate or revenge upon the person or of the Civil Government. The smouldering embers of a
property of any official or agent of the Insular wide-spread and dangerous insurrection were not yet
Government or of Provincial or Municipal Government. entirely extinguished, and here and there throughout
The trial court found that the crime of sedition, as the Islands occasional outbreaks still required the use
defined and punished by the law, had been committed, of the armed forces of the Government for their
and we believe that such finding is correct. The object suppression. A junta in the city of Hongkong, composed
of the uprising was to inflict an act of hate or revenge of persons whose announced purpose and object in
upon the persons of the policemen who were public organizing was the overthrow of the present
officers or employees. Government, was actively engaged in the endeavor to
keep the people of these Islands from peaceably
Question: Does sedition absorb common crimes? NO. accepting the authority of that Government, and this
Both in the cases of Umali and Cabrera, the accused junta, acting with confederates in the Philippines, was
were found guilty of sedition and other crimes. still able to keep alive a certain spirit of unrest and
uncertainty which it hoped to fan into open revolt and
rebellion at the first favorable opportunity.
14
with tthe administration of Pres Roxas; and that our speaker or writer is removed from the protection of the
gov't is infested with many Hitlers and Mussolinis for constitutional guaranty.
which reason he cannot hold high brows to the world
with this dirty gov't. He instructed his children to burn If it be argued that the article does not discredit the
pictures of Roxas if and when they come across them. entire governmental structure but only President Roxas
and his men, the reply is that article 142 punishes not
Espuelas was found to be guilty of writing, publish, or only all libels against the Government but also "libels
circulating scurrilous libels against the Government of against any of the duly constituted authorities thereof."
the Philippines or any of the duly constituted The "Roxas people" in the Government obviously refer
authorities thereof or which suggest or incite rebellious of least to the President, his Cabinet and the majority
conspiracies or riots or which tend to stir up the people of legislators to whom the adjectives dirty, Hitlers and
againts the lawful authorities or to disturb the peace of Mussolinis were naturally directed. On this score alone
the community. the conviction could be upRULING.
Issue: Were the acts of Espuelas considered as Question: Define scurrilous? Scurrilous means low,
scurrilous libel? vulgar, mean, or foul.
Ruling: YES.
15
Ruling: No. There is, to be sure, a full recognition of They decided to go to the Puzon Compound with the
the necessity to have members of Congress, and intention to talk to Delfino Beltran and his companions
likewise delegates to the Constitutional Convention. to surrender. When they came near the compound,
They are accorded the constitutional immunity of they saw appellants Delfino Beltran, Rogelio Bugarin
senators and representatives from arrest during their and Domingo Hernandez and suddenly there was a
attendance at the sessions of Congress and in going to simultaneous discharge of gunfire, The mayor's son,
and returning from the same except in cases of Vicente, was hit. Mayor Quirolgico and Patrolman
treason, felony and breach of the peace. In the case at Rolando Tolentino also suffered injuries. When the
bar, the crimes for which Martinez and Bautista were firing had stopped, they decided to bring Vicente to the
arrested fall under the category 0f “breach of peace”. hospital. As the jeep left the compound, three (3) men
Breach of the peace covers any offense whether came out of the Puzon Compound and fired at the
defined by the Revised Penal Code or any special fleeing vehicle. They were Cresencio Siazon, Ceferino
statute. Therefore, Martinez and Bautista cannot Beltran and Noling Puzon. Likewise, Domingo
invoke the privilege from arrest provision of the Hernandez and Minong Beltran and Boy Bugarin tried
Constitution. to give chase. After a while, all the six men returned
inside the compound.
The above conclusion reached by this Court is
bolstered and fortified by policy considerations. There An hour after admission to the hospital Vicente
is, to be sure, a full recognition of the necessity to have Quirolgico died.
members of Congress, and likewise delegates to the
Constitutional Convention, entitled to the utmost Issue: Is the finding of the appellants guilty of double
freedom to enable them to discharge their vital attempted murder with direct assault on Mayor
responsibilities, bowing to no other force except the Quirolgico and Patrolman Rolando Tolentino correct?
dictates of their conscience. Necessarily the utmost
latitude in free speech should be accorded them. When Ruling: YES.
it comes to freedom from arrest, however, it would
amount to the creation of a privileged class, without Considering that Mayor Quirolgico is a person in
justification in reason, if notwithstanding their liability authority and Pat. Rolando Tolentino is a policeman
for a criminal offense, they would be considered who at the time was in his uniform, and both were
immune during their attendance in Congress and in performing their official duties to maintain peace and
going to and returning from the same. There is likely to order in the community, the finding of the trial court
be no dissent from the proposition that a legislator or a that appellants are guilty of attempted murder with
delegate can perform his functions efficiently and well, direct assault on the persons of Mayor Quirolgico and
without the need for any transgression of the criminal Pat. Tolentino is correct.
law. Should such an unfortunate event come to pass,
he is to be treated like any other citizen considering
that there is a strong public interest in seeing to it that
crime should not go unpunished.
16
the Brgy. Captain, who, at that time, was not armed. “Shet, you are a double crosser. One who cannot keep
When the Brgy. Captain fell to the ground and died, the his promise.”
accused in this case took turns in kicking his dead body
and were dancing around said dead body. He suffered The Appellant then grabbed a lead paper weight from
eleven (11) wounds in the different parts of his body, the table of Caridad and challenged the offended party
two of which happened to be at the back of his dead to go out. Appellant left Caridad’s office and was
body. According to the attending physician, Dr. Rogelio followed by De la Cuesta. De la Cuesta asked
Kho who examined the body of the deceased, the the Appellant to put down the paper weight but instead
victim died of "Severe hemorrhage and cardiac the Appellant grabbed the neck and collar of the polo
tamponade due to stab wounds." shirt of the complainant which was torn. Clerk Carlos
Bueno was able to separate them but not before the
The accused Pedro Dollantes, Hamlet Dollantes, complainant had boxed the Appellant several times.
Alfredo Dollantes, Lauro Dollantes, Monico Dollantes,
Sidrito Lokesia, Merlando Dollantes, Hugo Grengia, The Court of First Instance of Ilocos Norte
Danny Esteban and Leonilo Villaester, guilty of the found Petitioner Severino Justo guilty of the crime of
complex crime of assault upon a person in authority assault upon a person in authority which the Court of
resulting in murder. Appeals affirmed.
Issue: Is the finding of the accused guilty of the crime Issue: Has complainant disrobed himself of the mantle
charged correct? of authority and waived the privilege of protection as a
person in authority when he accepted the appelant’s
Ruling: YES. challenge to fight outside and followed the appellant
out of the room of Mr. Caridad?
The records show that the Barangay Captain was in the
act of trying to pacify Pedro Dollantes who was making Ruling: NO.
trouble in the dance hall when he was stabbed to
death. He was therefore killed while in the performance The character of person in authority is not assumed or
of his duties. laid off at will, but attaches to a public official until he
ceases to be in office. Assuming that the complainant
In the case of People v. Hecto (135 SCRA 113), this was not actually performing the duties of his office
Court ruled that "As the barangay captain, it was his when assaulted, this fact does not bar the existence of
duty to enforce the laws and ordinances within the the crime of assault upon a person in authority; so long
barangay. If in the enforcement thereof, he incurs, the as the impelling motive of the attack is the
enmity of his people who thereafter treacherously slew performance of official duty. This is apparent from the
him the crime committed is murder with assault upon a phraseology of Article 148 of our Revised Penal Code,
person in authority." in penalizing attacks upon person in authority “while
engaged in the performance of official duties or on
occasion of such performance”, the words “on
occasion” signifying “because” or “by reason” of the
past performance of official duty, even if at the very
time of the assault no official duty was being
Justo vs CA discharged.
Facts: The offended party Nemesio de la Cuesta is a No other construction is compatible with the evident
duly appointed district supervisor of the Bureau of purpose of the law that public officials and their agents
Public Schools. On October 16, 1950, he went to the should be able to discharge their official duties without
division office in Laoag, Ilocos Norte. De la Cuesta was being haunted by the fear of being assaulted or injured
leaving the office in order to take his meal when he by reason thereof.
saw appellant Severino Justo conversing with Severino
Caridad, the academic supervisor. Appellant requested
De la Cuesta to go with him and Caridad to the office of
the latter. DELIVERY OF PRISONERS FROM JAIL
17
Article 224 of the Revised Penal Code, committed, as consented to, or connived in, the escape of the
follows: prisoner under his custody or charge. No connivance in
the escape of Pablo Denaque from the custody of the
On September 12, 1968, the accused, being then a accused Eligio Orbita can be deduced from the note of
member of the Provincial Guard of Camarines Sur and Gov. Cledera to Jose Esmeralda asking for five men to
specially charged with the duty of keeping under work in the guest house, it appearing that the notes
custody and vigilance detention prisoner Pablo does not mention the names of the prisoners to be
Denaque, did then and there with great carelessness brought to the guest house; and that it was the
and unjustifiable negligence leave the latter unguarded accused Eligio Orbita who picked the men to compose
while in said barrio, thereby giving him the opportunity the work party.
to run away and escape, as in fact said detention
prisoner Pablo Denaque did run away and escape from Neither is there evidence to warrant the prosecution of
the custody of the said accused. Cledera and Esmeralda under Article 224 of the
Revised Penal Code. This article punishes the public
During the cross-examination of prosecution witness officer in whose custody or charge a prisoner has
Jose Esmeralda, assistant provincial warden of escaped by reason of his negligence resulting in
Camarines Sur, the defense brought forth and evasion is definite amounting to deliberate non-
confronted the witness with a note purportedly written performance of duty.
by Gov. Armando Cledera. The note was asking Jose
Esmeralda to send five men to work in the construction
of a fence at his house at Taculod, Canaman,
Camarines Sur, then leased by the province and used EVASION OF SERVICE
as an official guest house. Jose Esmeralda, declared,
however, that he could not remember who handed the Tanega vs Masakayan
note to him; that he was not sure as to genuineness of
the signature appearing therein and that he was not Facts: Petitioner was convicted of slander. He was
present when the note was made and signed by Gov. sentenced to 20 days of Arresto Menor and the
Cledera. execution of sentence was deferred to Feb. 12, 1965,
but on this date, she did not show up in court, and her
Beleiving that the escape of Pablo Denaque was made arrest was ordered.
possible by the note of Gov. Cledera to Jose Esmeralda
and that Cledera and Esmeralda are equally guilty of But she was never arrested and then on Dec. 10, 1966,
the offense for which the accused Eligio Orbita had she moved to quash the warrants of arrest on ground
been charged, the defense counsel filed a motion in of prescription (light penalties prescribed in 1 yr)
court seeking the amendment of the information so as
to include Gov. Cledera and Jose Esmeralda as It was RULING that there was no prescription because
defendants therein. the accused did not EVADE the service of her sentence.
Issue: Are Cledera and Esmeralda equally guilty of the Issue: WON the crime has prescribed
offense for which the accused Eligio Orbita had been
charged? Ruling: NO.
The offense under Art. 156 of the RPC is usually 1. Offender is a convict by final judgment
committed by an outsider who removes from jail any 2. He is serving his sentence which consists in
person therein confined or helps him escape. If the deprivation of liberty
offender is a public officer who has custody or charge 3. He EVADES the service of his sentence by
of the prisoner, he is liable for infidelity in the custody escaping during the term of his sentence
of prisoner. Since Gov. Cledera as governor, is the
jailer of the province, and Jose Esmeralda is the Based on FACTS, the convict who was sentenced to
assistant provincial warden, they cannot be prosecuted imprisonment by final judgment was NEVER placed in
for the escape Of Pablo Denaque under Article 156 of confinement. Also the accused did not evade the
the Revised Penal Code. service of her sentence. Prescription of penalty then,
does not run in her favor.
There is likewise no sufficient evidence to warrant their
prosecution under Art. 223 of the RPC. In order to be
guilty under the aforequoted provisions of the Penal
Code, it is necessary that the public officer had People vs Abilong
18
Facts: That on or about the 17th day of September, The President cancelled the conditional pardon.
1947, in the City of Manila, Philippines, Florentino Petitioner was then arrested and confined in
Abilong, the accused, being then a convict sentenced Muntinlupa to serve unexpired portion of his sentence.
and ordered to serve destierro during which he should
not enter any place within the radius of 100 kilometers Petitioner CLAIMS: that he did not violate his
from the City of Manila for attempted robbery conditional pardon since he has not been convicted by
FINAL JUDGEMENT of 20 counts of Estafa nor Sedition.
He evaded the service of said sentence by going Also, that he was deprived of his right of due process.
beyond the limits made against him and commit
vagrancy. Issue: Whether or not Torres violated the condition of
his pardon
ISSUE: Whether the lower court erred in imposing a
penalty on the accused under article 157 of the Ruling: NO.
Revised Penal Code, which does not cover evasion of
service of "destierro." A convict granted conditional pardon, like the
petitioner, who is recommitted MUST BE CONVICTED
Ruling: NO. BY FINAL JUDGMENT of a court of the subsequent crime
charged to him before the criminal penalty can be
It is clear that the word "imprisonment" used in the imposed upon him.
English text is a wrong or erroneous translation of the
phrase "sufriendo privacion de libertad" used in the The parolee or convict who is prosecuted as having
Spanish text. It is equally clear that although the violated the provisions thereof must be charged,
Solicitor General impliedly admits destierro as not prosecuted and convicted by final judgment before he
constituting imprisonment, it is a deprivation of liberty, can be made to suffer penalty prescribed in Article
though partial, in the sense that as in the present case, 159.
the appellant by his sentence of destierro was deprived
of the liberty to enter the City of Manila. Under the
case of People vs. Samonte, as quoted in the brief of
the Solicitor General that "it is clear that a person QUASI-RECIDIVISM
under sentence of destierro is suffering
deprivation of his liberty and escapes from the People vs Dioso
restrictions of the penalty when he enters the
prohibited area." Facts: The 2 respondents, Abarca and Dioso, having
been previously convicted by final judgment of a crime
of homicide and robbery respectively, committed again
a crime while they were serving their sentence.
Torres vs Gonzales
Dioso and Abarca were members of “Batang
Facts: In 1979, Wilfredo S. Torres was convicted of the Mindanao” gang while victims Reyno and Gomez
crime of estafa (two counts) and was sentenced to an belonged to a group known as “Happy Go Lucky”. One
aggregate prison term and to pay an indemnity. of the bloody clashes of these rival factions resulted in
the death of Balerio member of Batang Mindanao.
On 18 April 1979, a conditional pardon was granted by Suspecting that Reyno and Gomez, had authored the
the President of the Philippines on condition that slaying, the respondents decided to avenge his death.
petitioner would "not again violate any of the penal
laws of the Philippines. Should this condition be While the victims were sick and confined in prison
violated, he will be proceeded against in the manner hospital, they pretended to be sick and went to the
prescribed by law." Petitioner accepted the conditional hospital to seek admission as a patient.
pardon and was consequently released from Then, accused suddenly drew out their improvised
confinement. knives and stabbed the victims.
The Board resolved to recommend to the President to The Trial Court imposed death penalty upon them. The
cancel the conditional parole. It showed that 20 counts accused seek attenuation/reduction of death sentence
of Estafa had been charged against petitioner which imposed by TC invoking the circumstances of voluntary
cases were hen “PENDING” trial before RTC. Record surrender and plea of guilty.
also showed that petitioner was convicted of sedition
but this conviction was then “PENDING” appeal before Issue: WON the mitigating circumstances be
Intermediate Appellate Court. considered to lower the penalty imposed
19
Ruling: NO. Accompanying her appointment is the certification of
the availability of funds issued by the accused.
SC ruled that it is not necessary to discuss the effects
of such mitigating circumstances on penalty imposed It turned out however that no such fund is available
and that the position of Clerk to the Municipal
Suffice it is to say that the accused are QUASI- Secretary is not available. Because of this, complainant
RECIDIVIST, having committed the crime charged while did not receive any salary. She instituted a complaint
serving sentence for a prior offense. for falsification.
As such, the maximum penalty prescribed for the new Accused however alleged that the statements he made
felony is death, regardless of the presence or absence in the certification are conclusions of law and not
mitigating/aggravating circumstance (alevosia) or the narration of facts. Moreover, he had no intent to injure
complete absence thereof. any person and as such, he cannot be held criminally
liable.
Facts: Accused Apolinario del Rosario showed The existence of a wrongful intent to injure a third
complainant Philippine one-peso bills and induced person is not necessary when the falsified document is
complainant to believe that the same were counterfeit a public document.
paper money manufactured by them, although in fact
they were genuine treasury notes of the Philippine The rationale for this principal distinction between
Government one of the digits of each of which had falsification of public and private documents has been
been altered and changed. By virtue of the stated by the Court in this wise: "In the falsification of
inducement, Apolinario succeeded in obtaining from public or official documents, whether by public officials
complainant P1,700.00 for the avowed purpose of or private persons, it is unnecessary that there be
financing the manufacture of more counterfeit treasury present the Idea of gain or the intent to injure a third
notes of the Philippines. person, for the reason that, in contradistinction to
private documents, the principal thing punished is the
Issue: Whether possession of the altered onepeso bills violation of the public faith and the destruction of truth
constitute a violation of Article 168 as therein solemnly proclaimed" [People v. Po Giok To,
supra at 918, citing People v. Pacana, 47 Phil. 48
Held: YES. (1924)]. In falsification of public documents therefore,
the controlling consideration is the public character of
The possession of genuine treasury notes of the a document and the existence of any prejudice caused
Philippines any of “the figures, letters, words or signs to third persons or, at least, the intent to cause such
contained” in which had been erased and or altered, damage becomes immaterial [People v. Pacana,
with knowledge of such notes, as they were used by supra].
petitioner herein and his codefendants in the manner
adverted to above, is punishable under said Article This essential element of falsification of a public
168, in relation to Article 166, subdivision (1), of the document by public officer requires that the offender
Revised Penal Code. "abuse his office or use the influences prestige or
ascendancy which his office gives him, in committing
the crime" [U.S. v. Rodriguez, 19 Phil. 150 (1911)].
Abuse of public office is considered present when the
offender falsifies a document in connection with the
duties of his office which consist of either making or
FALSIFICATION preparing or otherwise intervening in the preparation
of a document [U.S. v. Inosanto 20 Phil. 376 (1911);
Siquian vs People People v. Santiago Uy, 101 Phil. 159 (1957)], as in the
case of petitioner who was charged with the duty of
Facts: Complainant Jesusa Carreon went to the issuing the certification necessary for the appointment
accused Manuel Siquian, then Mayor, to apply for of Jesusa Carreon.
employment in the Office of the Mayor. The Mayor
agreed to employ her. Later, she was appointed clerk
to the Municipal Secretary by the accused.
20
People vs Villalon authorization given to him to mortgage the whole
property is not sustained by the evidence because a
Facts: Accused Federico de Guzman was able to cursory study of the answer made by the witness
procure a loan from a bank. In order to get the loan, complainant clearly shows that what was intended to
accused mortgage a property owned in equal shares be mortgaged was the one-half (1/2) portion pertaining
by the complainant Mariano Carrera and his brother by only to Severo Carrera, excluding that portion
virtue of a notarized special power of attorney pertaining to said complainant.
allegedly executed in February 5, 1964.
21
Issue: Did Capule commit falsification? admitted responsibility for such alterations, claiming he
did not know the contents of the confession, but only
Ruling: YES. signed the same in order that he may be released.
It therefore appears to be plainly proven that the crime Issue: Is the possessor of a falsified document
of falsification of a document has been committed presumed to be the author of the same?
because the defendant executed upon said notarial
document of an official character acts constituting Ruling: YES.
falsification, by counterfeiting therein the intervention
of the married couple Aniceto Maghirang and Isabel The accused is guilty of falsification of a public
Pili, to whom he ascribed statements different from document mainly on the proposition that "the only
what they had made to him and by perverting the truth person who could have made the erasure and the
in the narration of facts, getting two persons to sign in superimpositions is the one who will be benefited by
the name of said married couple through deceit, after the alterations this made" and that "he alone could
giving them to understand that the document have the motive for making such alterations". Besides,
contained a commission or power of attorney, when in accused had a sufficient and strong motive to commit
fact it was a deed of sale of a piece of land, the the falsification. The policy and practice of the MPD
legitimate owners whereof had never intended or was proved to be to arrest a driver who commits a 4th
consented to its alienation. traffic violation instead o f merely issuing to him a TVR,
as is usually done for the 1st, 2md, and 3rd violation.
None of the persons who appear to have signed said Hence, Manansala had the strongest temptation to
document and seem to have been present at its erase the 3 violation in the TVR in question and make it
execution were informed of its true contents, because appear thereon that he only had committed one
they all confided with the greatest good faith in the violation in order to escape arrest in case of a 4th
false and deceitful statements of the defendant, infraction.
believing what he said to the effect that said
instrument was a commission voluntarily conferred Manansala's exclusive possession, opportunity and
upon him by the couple executing it, who never motive to falsify the TVR in question constitute
intended to execute any document of sale of their circumstantial evidence justifying the inference
property to the defendant, who went to the extreme of (presumption of fact) that the forger was himself, in
getting a notary to certify to its ratification before him, the absence of adequate explanation.
made apparently by the alleged vendors in the
contents of the said false document.
Facts: Felix Manansala was apprehended by Corporal Facts: Pio Castillo is one of the 3 clerks in Sheriff
del Rosario for driving his jeepney outside of his route. James Watkin's office. Watkin's blank checkbook was
Required to present his driver's license, Manansala kept in a drawer in gis offcie, and Castillo was left
showed a duplicate of his Traffic Violation Report which alone in the office he having locked the same after all
was previously issued to him on account of his third the clerks have gone.
traffic violation. Noticing that the TVR had been
altered, del Rosario brought Manansala to the police
On the morning of Dec 2, 1905, Pio Castillo presented a
station for investigation.
check for the 56 pesos, Philippine currency, to Chinese
merchant named Lim Ponso. The said check was made
The alterations were found to consist in erasing the payable to bearer and purported to be drawn by one
originally written figure "III" and the word "three", and James J. Watkins. Watkins' signature upon said check
superimposed thereon was the figure "I" and the word was a forgery made in imitation of the genuine
"one". The alterations made thus changed the meaning signature of James J. Watkins, sheriff of the city of
of the said official document, because it was made to Iloilo, and that, in fact, the said James J. Watkins never
appear in said duplicate TVR that Manansala only had signed or issued the said check. Castillo was paid the
one pending case of traffic violation instead of three. su, of moneyThe blank upon which the check was
written was stolen from a book of blank checks.
Manansala admitted having made the alterations in
question, in order to hide his pending traffic violation
cases. At the hearing however, he denied having
22
The trial court found Castillo not guilty of falsification, People vs. Dava
but guilty of the crime of knowingly using with intent to
gain a falsified mercantile document. Facts: On October 19, 1975, while driving a car along
Shaw Boulevard, Mandaluyong, Rizal, petitioner
Michael T. Dava, then holder of non-professional
Issue: Does the uttering of a forged document prove
driver's license No. 1474427 1 with official receipt No.
that the utterer is author of the same?
7023037, bumped pedestrians Bernadette Roxas
Clamor and Dolores E. Roxas, causing death to the
Ruling: YES. former and physical injuries to the latter.
If the utterance of such document is unexplained, it is Dava's driver's license was confiscated and submitted
strong evidence that the utterer himself forged the to the fiscal's office in Pasig, Rizal.
instrument or caused it to be forged. The SC held that
On April 12, 1978, Antonio Roxas, the brother of
Castillo is guilty of falsification as charged.
Bernadette and the father of Dolores, saw Dava driving
a maroon Volkswagen (beetle-type) car. Knowing that
For the purposes of this case it is not necessary to Dava's driver's license was used as an exhibit in court
hold, and we do not hold, that the mere fact that the and that no traffic violation receipt had been issued to
accused uttered the check in question is proof of the Dava, Roxas sought the help of then Minister of
fact that he also forged it or caused it to be forged, but Defense Juan Ponce Enrile in apprehending Dava for
we do hold that the utterance of such an instrument, driving without a license and was assisted by the
when unexplained, is strong evidence tending to Constabulary Highway Patrol Group.
establish the fact that the utterer either himself forged
the instrument or caused it to be forged, and that this On the evening of July 21, 1978, Dava was confronted
evidence, taken together with the further evidence set by M/Sgt. Domingo Lising and S/Sgt. Arturo Viduya and
out above and brought out on the trial of the case, was asked for his driver’s license. They were shown
establishes the guilt of the accused of the crime with non-professional driver's license No. 2706887 with
which he was charged beyond a reasonable doubt. official receipt No. 0605870 issued by Agency 2L
Pampanga in the name of Michael T. Dava. When
The uttering may be so closely connection with the asked about the source of his license, Dava informed
forgers that it becomes when so accomplished, them that his officemate Felizardo Manalili had secured
probable proof of complicity in the forgery. it for him.
23
fact so participate. The information also charges Dava Facts: In 1981, accused Melencio Gigantoni was an
with having knowingly used a false document under employee of Black Mountain Mining Inc. and Tetra
the last paragraph of Article 172. Management Corporation, which are both private
companies doing business in the Philippines.
The elements of the crime of using a falsified
document in transaction (other than as evidence in a On May 14, 1981, Gigantoni went to the office of the
judicial proceed penalized under the last paragraph of Philippine Air Lines (PAL) allegedly to conduct
Article 172 are following: (a) the offender knew that a verification of some travels made by Black Mountain's
document was falsified by another person; (b) the false officials. Upon reaching the said PAL office, he falsely
document is embraced in Article 171 or in any of represented himself to the PAL legal officer as a PC-CIS
subdivisions Nos. 1 and 2 of Article 172; (c he used agent. To further convince the PAL officials of his
such document (not in judicial proceedings), and (d) supposed mission, Gigantoni exhibited his I.D.
the use of the false document caused damage to purporting to show that he was a PC-CIS agent.
another or at last it was used with intent to cause such Thereupon, his aforesaid request was granted, and PAL
damage. Except for last, all of these elements have legal officer Atty. Conrado A. Boro showed to him the
been proven beyond reason doubt in this case. requested PAL records. Gigantoni then secured xerox
copies of the requested manifest.
It is not disputed that it was petitioner himself who
requested Manalili to get him a license. He When Gigantoni was no longer around, PAL general
misrepresented to Manalili that he has not at any time counsel Ricardo Puno, Jr., inquired from Atty. Boro
been issued a driver's license. Through this about Gigantoni's purpose in securing copies of PAL
misrepresentation and capitalizing on Manalili records. They then became suspicious of the accused’s
awareness of the dire necessity of obtaining a driver's real identity prompting them to conduct verification
license the shortest time possible to enable petitioner from the PC-CIS office. They subsequently learned from
to perform duties as detailman, petitioner was able, in General Uy of PC-CIS that Gigantoni was no longer a
a very subtle clever manner, to induce Manalili to deal CIS agent since June 30, 1980 as he had been
with "fixers" in securing the subject driver's license. dismissed from the service.
Manalili, who appeared to have been motivated by a
sincere desire to help a friend, did not hesitate to deal On May 15, 1981, in the presence of Atty. Boro and a
with three fixers whom he paid P70.00 for the license PAL security, Gigantoni was confronted by Atty. Puno
even if the legal fee then was only P15.00. As it was in as to his real Identity. He later admitted that he was no
truth petitioner who induced and left Manalili with no longer with the CIS.
choice but to seek the aid of fixers, the fact that it was The gist of petitioner's contention is that he could not
Manalili and not petitioner who dealt directly with said be guilty of the crime charged because at the time of
fixers cannot exculpate petitioner from the charge of the alleged commission of the offense, he was still a
falsification. He is, beyond reasonable doubt, a CIS agent who was merely suspended and was not yet
principal by inducement in the commission of said informed of his termination from the service.
crime. Furthermore, he avers that the receipt by him of the
The third element of use of the falsified document is notice of dismissal, if there was any, could not be
proven by the fact that when petitioner was established on mere presumption of law that official
apprehended by Lising it was in his possession and it duty has been regularly performed.
was what he presented Lising to show that he had a Issue: Whether or not Gigantoni knowingly and
license. Because he was a detailman who did his job falsely represent himself as an agent of the CIS,
with the use of a car, it is probable that from November Philippine Constabulary
4, 1976 (its date of issuance) until April 12, 1978,
petitioner used the driver's license. Ruling: NO.
The driver's license being a public document, proof of The information charges the accused with the crime of
the fourth element of damage caused to another usurpation of authority for "knowingly and falsely
person or at least intent to cause such damage has representing himself to be an officer, agent or
become immaterial. In falsification of public or official representative of any department or agency of the
documents, the principal thing being punished is the Philippine Government."
violation of the public faith and the destruction of the
truth proclaimed therein. Article 177 of the Revised Penal Code on usurpation of
authority or official functions, under which the
petitioner was charged, punishes any person: (a) who
knowingly and falsely represents himself to be an
USURPATION officer, agent or representative of any department or
Gigantoni vs People agency of the Philippine Government or of any foreign
government; or (b) who, under pretense of official
24
position, performs any act pertaining to any person in Petitioner filed a petition for certiorari under Rule
authority or public officer of the Philippine Government 65[4] before the Court of Appeals. The Court of Appeals
or any foreign government or any agency thereof, dismissed the petition on the ground that it did not fall
without being lawfully entitled to do so. The former under its jurisdiction pursuant to Rep. Act No. 6770.
constitutes the crime of usurpation of authority under The Court of Appeals held that the petition does not fall
which the petitioner stands charged, while the latter under any law as coming within the jurisdiction of the
act constitutes the crime of usurpation of official Court of Appeals.
functions.
Issue: Whether or not respondents are liable for
Petitioner admits that he received a notice of his violation of Art. 177 of the RPC
suspension from the CIS effective June 20, 1980.
However, as to petitioner's alleged dismissal effective Ruling: NO.
June 20, 1980, he denies having been informed Under Art. 177 of the Revised Penal Code, in order for
thereof. The record is bereft of any evidence or proof one to be held liable for Usurpation of Official Function,
adduced by the prosecution showing that the dismissal there must be a clear showing that the person being
was actually conveyed to petitioner. charged had performed an act pertaining to any person
The failure of the prosecution to prove that petitioner in authority or public officer of the Philippine
was duly notified of his dismissal from the service government or any agency thereof, under pretense of
negatives the charge that he "knowingly and falsely" official position, and without being lawfully entitled to
represented himself to be a CIS agent. It was do so.
incumbent upon the prosecution to establish by In this instant case, respondent Hefti was the one
positive evidence the allegation that the accused specifically charged with Usurpation of Official
falsely represented himself as a CIS agent, by Function, in view of her act of issuing the notice of
presenting proof that he knew that he was no longer a constructive distraint against the foreign currency
CIS agent, having been duly notified of his dismissal. It deposit of complainant with the Citibank. The rest of
is essential to present proof that he actually knew at the public respondents and all the private respondents
the time of the alleged commission of the offense that were merely charged in conspiracy with the said
he was already dismissed from the service. A mere respondent. Hence, the issue that must be resolved is
disputable presumption that he received notice of his whether or not respondent Hefti being the Deputy
dismissal would not be sufficient. Commissioner of BIR had indeed usurped the duty of
the BIR Commissioner when she issued the notice of
distraint.
Estrada vs Desierto
While it is true that under Sec. 206 of the NIRC as
Facts: On 23 January 2001, the Bureau of Internal amended, the Commissioner of the BIR and not any
Revenue (BIR) placed petitioner’s foreign currency Officer of the BIR was the one granted with the power
deposit account at Citibank Greenhills Branch under to issue a notice of distraint, it bears to stress,
constructive distraint. however, that when respondent Hefti exercised such
function of the BIR Commissioner, she was then
Contending that the BIR action was unlawful, petitioner designated Officer-In-Charge of the BIR by President
filed a complaint against respondent BIR and Gloria Macapagal-Arroyo, as evidenced by a photocopy
respondent Citibank officers before the Office of the of her Memorandum of Appointment. By virtue of her
Ombudsman for allegedly violating (a) Section 8 of the appointment as Officer-In-Charge of BIR, it necessary
Foreign Currency Deposits Act (Republic Act No. 6426); follows that respondent Hefti can now legally exercise
(b) Article 177 of the Revised Penal Code; and (c) the duties and functions pertaining to the BIR
Section 3(e) of the Anti-Graft and Corrupt Practices Act Commissioner, including the issuance of a constructive
(Rep. Act No. 3019); distraint. Suffice it to say that when respondent Hefti
The Evaluation and Preliminary Investigation Bureau issued the notice of distraint, she was clothed with
(EPIB) of the Office of the Ombudsman issued a authority to issue the same in view of her appointment
Resolution recommending the dismissal of the as the then Officer-In-Charge of the BIR. Hence, the
aforesaid complaint for want of probable cause to charge for Usurpation of Official Function does not
indict respondent bank and BIR officials. apply to said respondent.
Paul Elmer Clemente, Legal Counsel, Acting Director– With the establishment of respondent Hefti’s authority
Office of the Chief Legal Counsel (OCLC), issued a in the issuance of the constructive distraint, the
Memorandum approving EPIB’s recommendation, a subsequent act of respondent Dagdag in serving the
copy of which was received by petitioner on 01 said distraint to the Citibank, as well as the act of
February 2002. respondents Equillos and Albiento in witnessing the
service of the same to the said bank, cannot be
25
construed as act in agreement to commit the crime of has been known since childhood, or such substitute
Usurpation of Authority in the light of the foregoing name as may have been authorized by a competent
discussion. court (Section 1, Commonwealth Act 142). Aside from
the name "Ong Hock Lian," appellee is using
The same thing holds true to the bank officers who the alias "Julian Ong." There is no evidence that
were made respondents in this case, considering that appellee has been baptized with the latter name or
their act in informing complainant regarding the that he has been known by it since childhood, or that
existence of the constructive distraint as well as in the court has authorized the use thereof. Appellee has
implementing the said distraint against the latter’s therefore committed a violation of the Anti-Alias Law.
account with the said bank, [were] merely in
compliance to an order issued by a competent
authority.
Legamia vs IAC
Sec. 2 of Anti Alias Law- Any person desiring to use an On that basis, he was appointed to the position. But
alias shall apply for authority therefor in proceedings contrary to the claim of petitioner, he was never
like those legally provided to obtain judicial authority enrolled at the Cosmopolitan Colleges certified by its
for a change of name and no person shall be allowed to Registrar, neither was he a student at the Harvardian
secure such judicial authority for more than one alias. Colleges, certified by the school’s president. The name
The petition for an alias shall set forth the person’s of the petitioner was not also included in all the
baptismal and family name and the name recorded in enrollment lists of college students submitted to the
the civil registry, if different, his immigrant’s name, if then Bureau of Private Schools.
an alien, and his pseudonym, if he has such names
other than his original or real name, specifying the
Petitioner Reolandi Diaz was charged with the crime of
reason or reasons for the desired alias. The judicial
Falsification of Official Document before the Court of
authority for the use of alias, the Christian name and
first Instance of Pampanga. He was found guilty as
the alien immigrant’s name shall be recorded in the
charged.
proper local civil registry, and no person shall use any
name or names other than his original or real name
unless the same is or are duly recorded in the proper On appeal, the court modified its decision increasing
local civil registry. the penalty of the accused.
c) that the statement or affidavit, the accused made a 2. Those who directly force or induce others to commit
deliberate assertion of a falsehood; it. (Emphasis ours.)
d) that the sworn statement or affidavit containing the 3. Those who cooperate in the commission of the
falsity is required by law or made for a legal purpose. offense by another act without which it would not have
been accomplished.
All the elements enumerated therein are present in the
case at bar, thus the accused is guilty of perjury. The The information charges Alberto Reyes not only with
decision of Court of Appeals was modified, finding the having directly induced Esminia Pudol to testify falsely
accused guilty of perjury, imposing the corresponding under oath and to subscribe the affidavit before a
penalty therein and not of falsification. person authorized by law to administer oath, but also
with having cooperate and taken a direct part in the
execution of said false affidavit, without which
induction, cooperation and participation the false
SUBORNATION OF PERJURY affidavit in question would not have been
accomplished.
People vs Padol
Therefore, the fact that subornation of perjury is not
expressly penalized in the Revised Penal Code does not
Facts: An information had been filed in the Court of
mean that the direct induction of a person by another
First Instance of Ilocos Sur charging Esminia Pudol and
to commit perjury has ceased to be a crime, because
Alberto Reyes with having committed the crime of
said crime is fully within the scope of that defined in
perjury, the former by subscribing a false affidavit by
article 17, subsection 2, of the Revised Penal Code.
induction and with the further cooperation of the latter.
Furthermore, Alberto Reyes, as already stated, is
When the case was called for trial, the provincial fiscal
charged in the present case not only as subowner of
filed a motion asking for the discharge of Esminia Pudol
the perjury committed by his coaccused but also as
in order to utilized as a witness for the prosecution
principal by cooperation and participation in the
against her coaccused and the court dismissed the
preparation of the false affidavit subscribed by Esminia
case as to Esminia Pudol
Pudol.
28
It appears that prior to the second bidding, Ouano and
Echavez orally agreed that only Echavez would make a
bid, and that if it was accepted, they would divide the
property in proportion to their adjoining properties. To
ensure success of their enterprise, they also agreed to
induce the only other party known to be interested in
the property-a group headed by a Mrs. Bonsucan to
desist from presenting a bid.
Ruling: YES.
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