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The testimony of Marquez reveals a glaring mistake of substantial proportion on the part of the CA it mistook the utterances of Dizon for those of Villareal. Such inaccuracy cannot be tolerated, especially because it was the CAs primary basis for finding that Villarreal had the intent to kill Lenny Villa, thereby making Villareal guilty of the intentional felony of homicide. To repeat, according to Marquezs testimony it was Dizon who uttered both "accusations" against Villa and Marquez. Villareal had no participation whatsoever in the specific threats referred to by the CA. It was " Dizon who stepped on Marquezs thigh"; and who told witness Marquez, "Ito, yung pamilya nito ay pinapatay yung kapatid ko." It was also Dizon who jumped on Villas thighs while saying, "This guy, his father stole the parking space of my father." With the testimony clarified, we find that the CA had no basis for concluding the existence of intent to kill based solely thereon. As to the existence of animus interficendi on the part of Dizon, we refer to the entire factual milieu and contextual premise of the incident to fully appreciate and understand the testimony of witness Marquez. The neophytes were briefed that they would be subjected to psychological pressure in order to scare them. They knew that they would be mocked, ridiculed, and intimidated. They heard fraternity members shout, "Patay ka, Recinto," "Villa, akin ka," "Asuncion, gulpi ka," "Putang ina mo, Asuncion," "Putang ina nyo, patay kayo sa amin," or some other words to that effect. While beating the neophytes, Dizon accused Marquez of the death of the formers purported NPA brother, and then blamed Lenny Villas father for stealing the parking space of Dizons father. According to the Solicitor General, these statements, including those of the accused Dizon, were all part of the psychological initiation employed by the Aquila Fraternity. Thus, to our understanding, accused Dizons way of inflicting psychological pressure was through hurling make-believe accusations at the initiates. He concocted the fictitious stories, so that he could "justify" giving the neophytes harder blows, all in the context of fraternity initiation and role playing. Even one of the neophytes admitted that the accusations were untrue and made-up. The infliction of psychological pressure is not unusual in the conduct of hazing. Thus, without proof beyond reasonable doubt, Dizons behavior must not be automatically viewed as evidence of a genuine, evil motivation to kill Lenny Villa. Rather, it must be taken within the context of the fraternitys psychological initiation. We cannot sustain the
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MANUEL vs. PEOPLE FACTS: On Nov. 7, 2001, a complaint was filed in the RTC. The following facts were presented: a. On Apr. 22, 1996, Eduardo P. Manuel, respondent, contracted a second marriage with Tina GandaleraManuel, complainant. It so appeared in the marriage contract that Manuel was single. b. Eduardo P. Manuel was previously legally married to Rubylus Gana without the said marriage having been legally dissolved before the second marriage. c. Tina Gandalera-Manuel did not know the existence of the first marriage of the respondent to Rubylus Gana. d. On July 28, 1975, Eduardo was married to Ruby. e. On January 1996, Eduardo met Tina in Dagupan City. Afterwards, Eduardo went to Baguio to visit her and he proposed assuring her that he was single. f. Starting 1999, Manuel started making himself scarce and went to their house only twice or thrice a year. g. Sometime in January 2001, Eduardo took all his clothes, left, and did not return. He stopped giving financial support. h. Sometime in August 2001, Tina learned that Eduardo had been previously married. i. Eduardo testified that he declared that he was single because he believed in good faith that his marriage was invalid. He said he did not know he had to go to the court to seek for nullification of his first marriage before marrying Tina. Ruby was jailed and he had not heard from her for more than 20 years. On July 2, 2002, RTC found Eduardo guilty beyond reasonable doubt of bigamy. Manuel appealed the decision to the CA. He insisted that conformably to Article 3 of the RPC, there must be malice for one to be criminally liable for a felony. He posited that the RTC should have taken into account Article 390 of the New Civil Code.
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PEOPLE vs. FORD GUTIERREZ y DIMAANO FACTS: While walking, one in the group cursed Gutierrez and shouted "tang ina mo!". Since he was the only passerby, Gutierrez stopped and looked at them, but two from the group approached him. He was suddenly boxed by Regis Ado, while Dalit was just beside Ado. When Gutierrez fell on the ground, Ado continuously beat him, then suddenly, a gun fell from Leo Regis. Gutierrez immediately got hold of it, and when Leo Regis was supposed to attack him again, Gutierrez kicked Leo which made him fall down. When Gutierrez stood up and saw Regis standing up, Gutierrez fired a shot at him. He continuously fired the gun, which was directed towards the ground so as to warn the others. RTC convicted Gutierrez of murder, frustrated murder and attempted murder. Hence this appeal. Appellant admits having killed Regis and wounding Dalit, but insists that he did so in self-defense. ISSUE: 1. Whether or not the act of Guitierrez was in self-defense. 2. Whether or not appellant is guilty of attempted murder, not of frustrated murder. HELD: 1. Self-defense is an affirmative allegation and offers exculpation from liability for crimes only if satisfactorily proved. It requires (a) unlawful aggression on the part of the victim; (b) reasonable necessity of the means employed by the accused to repel it; and (c) lack of sufficient provocation on his part. One who admits killing or fatally injuring another in the name of self-defense bears the burden of proving: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it; and
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INTESTATE ESTATE OF MANOLITA GONZALES VDA. DE CARUNGCONG vs. PEOPLE FACTS: Carungcong, in her capacity as the duly appointed administratrix of petitioner intestate estate of her deceased mother Manolita Gonzales vda. de Carungcong, filed a complaint-affidavit for estafa against her brother-in-law, William Sato, a Japanese national. Sato moved for the quashal of the Information, claiming that under Article 332 of the Revised Penal Code, his relationship to the person allegedly defrauded, the deceased Manolita who was his mother-in-law, was an exempting circumstance. Trial court granted Satos motion and ordered the dismissal of the criminal case. The appellate court affirmed the trial courts order. Hence, this petition. ISSUES: 1. Whether or not the death of Williams wife and Manolitas daughter, Zenaida, extinguished the relationship by affinity between William and Manolita. 2. Whether or not William should be exempt from criminal liability for reason of his relationship to Manolita. HELD: 1. No. Relationship by affinity between the surviving spouse and the kindred of the deceased spouse continues even after the death of the deceased spouse, regardless of whether the marriage produced children or not. 2. No. The absolutory cause under Article 332 of the Revised Penal Code only applies to the felonies of theft, swindling and malicious mischief. Under the said provision, the State condones the criminal responsibility of the offender in cases of theft, swindling and malicious mischief. As an act of grace, the State waives its right to prosecute the offender for the said crimes but leaves the private offended party with the option to hold the offender civilly liable. However, the coverage of Article 332 is strictly limited to the felonies mentioned therein. The plain, categorical and unmistakable language of the provision shows that it applies exclusively to the simple crimes of theft, swindling and
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AMANQUITON vs. PEOPLE FACTS: Petitioner Julius Amanquiton was a purok leader. As a purok leader and barangay tanod, he was responsible for the maintenance of cleanliness, peace and order of the community. At 10:45 p.m. on Oct. 30, 2001, petitioner heard an explosion. He, together with two auxiliary tanod, Dominador Amante and a certain Cabisudo, proceeded to Sambong Street where the explosion took place. Thereafter, they saw complainant Baaga being chased by Gepulane. Upon learning that Baaga was the one who threw the pillbox that caused the explosion, petitioner and his companions also went after him. On reaching Baagas house, petitioner, Cabisudo and Amante knocked on the door. When no one answered, they decided to hide some distance away. After five minutes, Baaga came out of the house. At this juncture, petitioner and his companions immediately apprehended him. Baaga was later brought to the police station. On the way to the police station, Gepulane suddenly appeared from nowhere and boxed Baaga in the face. This caused petitioner to order Gepulanes apprehension along with Baaga. During the investigation, petitioner learned Baaga had been previously mauled by a group made up of a certain Raul, Boyet and Cris but failed to identify two others. The mauling was the result of gang trouble in a certain residental compound in Taguig City. Thereafter, an Information for the crime of child abuse was filed against petitioner, Amante and Gepulane. RTC found petitioner and Amante guilty beyond reasonable doubt of the crime charged. Hence, this petition. ISSUE: Whether or not petitioner is guilty beyond reasonable doubt. HELD: The Constitution itself provides that in all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. An accused is entitled to an acquittal unless his guilt is shown beyond reasonable doubt. It is the primordial duty of the prosecution to present its side with clarity and persuasion, so that conviction becomes the only logical and inevitable conclusion, with moral certainty. Proof beyond reasonable doubt lies in the fact that in a criminal prosecution, the State is arrayed against the subject; it enters the contest with a prior inculpatory finding in its hands; with unlimited means of command; with counsel usually of authority and capacity, who are regarded as public officers, as therefore as speaking semi-judicially, and with an attitude of tranquil majesty often in striking contrast to that of defendant engaged in a perturbed and distracting struggle for liberty if not for life. These inequalities of position, the law strives to meet by the rule that there is to be no conviction where there is reasonable doubt of guilt. However, proof beyond reasonable doubt requires only moral certainty or that degree of proof which produces conviction in an unprejudiced mind. The RTC and CA hinged their finding of petitioners guilt beyond reasonable doubt of the crime of child abuse solely on the supposed positive identification by the complainant and his witness Alimpuyo of petitioner and his coaccused as the perpetrators of the crime. We note Baagas statement that, when he was apprehended by petitioner, there were many people around. Yet, the prosecution presented only Baaga and Alimpuyo, as witnesses to the mauling incident. Furthermore, Baaga failed to controvert the validity of the barangay blotter he signed regarding the mauling incident which happened prior to his apprehension by petitioner. Neither did he ever deny the allegation that he figured in a prior battery by gang members. All this raises serious doubt on whether Baagas injuries were really inflicted by petitioner to the exclusion of other people. In fact, petitioner testified clearly that Gepulane came out of nowhere and punched Baaga while the latter was being brought to the police station. Gepulane, not petitioner, could very well have caused Baaga's injuries.
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PEOPLE vs. ROLANDO LAYLO FACTS: PO1 Reyes and PO1 Pastor, both wearing civilian clothes, were conducting anti-drug surveillance operations. While the police officers were in front of a sari-sari store at around 5:40 p.m., Laylo and his live-in partner, Ritwal, approached them and asked, "Gusto mong umiskor ng shabu?" PO1 Reyes replied, "Bakit mayroon ka ba?" Laylo then brought out two plastic bags containing shabu and told the police officers, " Dos (P200.00) ang isa." Upon hearing this, the police officers introduced themselves as cops. PO1 Reyes immediately arrested Laylo. Ritwal, on the other, tried to get away but PO1 Pastor caught up with her. PO1 Pastor then frisked Ritwal and found another sachet of shabu in a SIM card case which Ritwal was carrying. PO1 Reyes and PO1 Pastor marked the three plastic sachets of shabu recovered from Laylo and Ritwal and forwarded them to the Philippine National Police Crime Laboratory for forensic testing. Forensic Chemist Police Inspector Manaog conducted the laboratory examination on the specimens submitted and found the recovered items positive for methylamphetamine hydrochloride or shabu, a dangerous drug. The police officers charged Laylo for attempted sale of illegal drugs and used the two plastic sachets containing shabu as basis while Ritwal was charged for possession of illegal drugs using as basis the third sachet containing 0.02 grams of shabu. RTC found Laylo of Attempted Sale of Dangerous Drugs and Ritwal guilty beyond reasonable doubt of illegally possessing shabu. CA affirmed. Hence, this appeal. ISSUE: Whether or not Laylo is guilty beyond reasonable doubt. HELD: The appeal lacks merit. The elements necessary for the prosecution of illegal sale of drugs are: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment. Section 26(b), Article II of RA 9165 provides: Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: (b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical. Here, appellant intended to sell shabu and commenced by overt acts the commission of the intended crime by showing the substance to PO1 Reyes and PO1 Pastor. The sale was aborted when the police officers identified themselves and placed appellant and Ritwal under arrest. From the testimonies of the witnesses, the prosecution was able to establish that there was an attempt to sell shabu. In addition, the plastic sachets were presented in court as evidence of corpus delicti. Thus, the elements of the crime charged were sufficiently established by evidence. Appellant claims that he was a victim of a frame up. However, he failed to substantiate his claim. The witnesses presented by the defense were not able to positively affirm that illegal drugs were planted on appellant by the police officers when they testified that "they saw someone place something inside appellants jacket." In Quinicot v. People, we held that allegations of frame-up and extortion by police officers are common and standard defenses in most dangerous drugs cases. They are viewed by the Court with disfavor, for such defenses can easily be concocted and fabricated. Further, appellant did not attribute any ill-motive on the part of the police officers. The presumption of regularity in the performance of the police officers official duties should prevail over the self-serving denial of appellant.
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FERNAN & TORREVILLAS vs. PEOPLE FACTS: Petitioners are co-conspirators of the other accused, headed by Chief Accountant Mangubat, who were similarly convicted of multiple instances of estafa through falsification of public documents. ISSUE: Whether or not petitioners acted in conspiracy with one another. HELD: Yes, petitioners acted in conspiracy with one another. Petitioners vigorously claim error on the part of the lower court when it made the finding that they were coconspirators with the other parties accused despite the dearth of evidence to amply demonstrate complicity. We are not convinced by petitioners postulation. Indeed, the burden of proving the allegation of conspiracy falls to the shoulders of the prosecution. Considering, however, the difficulty in establishing the existence of conspiracy, settled jurisprudence finds no need to prove it by direct evidence. In Estrada vs. Sandiganbayan, the Court categorized 2 structures of multiple conspiracies, namely: (1) the socalled wheel or circle conspiracy, in which there is a single person or group (the hub) dealing individually with two or more other persons or groups (the spokes); and (2) the chain conspiracy, usually involving the distribution of narcotics or other contraband, in which there is successive communication and cooperation in much the same way as with legitimate business operations between manufacturer and wholesaler, then wholesaler and retailer, and then retailer and consumer. The conspiracy in the instant cases resembles the wheel conspiracy. The 36 disparate persons who constituted the massive conspiracy to defraud the govt were controlled by a single hub, namely: Mangubat (chief accountant), Preagido (accountant), Sayson (budget examiner) and Cruz (clerk), who controlled the separate spokes of the conspiracy. Petitioners were among the many spokes of the wheel. It is clear that without the fake tally sheets and delivery receipts signed by petitioners, the general voucher cannot be prepared and completed. Without the general voucher, the check for the payment of the supply cannot be made and issued to the supplier. Without the check payment, the defraudation cannot be committed and successfully consummated. Thus, petitioners acts in signing the false tally sheets and/or delivery receipts are indispensable to the consummation of the crime of Estafa thru Falsification of Public Documents.
LONEY vs. PEOPLE FACTS: Marcopper Mining Corp. had been storing mine tailings or wastes from its operations in a pit in Mt. Tapian, Marinduque. At the base of the pit ran a drainage tunnel leading to the Boac and Makulapnit rivers. The tailings gushed out of the tunnel and tons of tailings were discharged into the Boac and Makulapnit rivers. Marcopper was charged before the MTC, Boac of the following cases: Violation of the Water Code of the Philippines, PD 1067; Violation of the National Pollution Control Decree of 1976, PD 984; Violation of the Philippine Mining Act of 1995, RA 7942; and Article 365, RPC for Reckless Imprudence Resulting in Damage to Property. Marcopper contended that they should be charged with one offense only Reckless Imprudence Resulting in Damage to Property because all the charges filed against them proceeded from and are based on a single act or incident of polluting the Boac and Makulapnit rivers, and the charge for Reckless Imprudence absorbs the other charges. ISSUE: Whether or not crimes mala in se are absorbed in crimes mala prohibita. HELD: No. crimes mala in se are not absorbed in crimes mala prohibita. On the petitioners claim that the charge for violation of Art. 365, RPC absorbs the charges for violation of PD 1067, PD 984 and RA 7042, suffice it to say that a mala in se felony cannot absorb mala prohibita crimes. What makes the former a felony is criminal intent (dolo) or negligence (culpa); what make the latter crimes are the special laws enacting them. Likewise, double jeopardy does not lie because in each of the laws in which petitioners were charged, there is one essential element not required of the others.
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