Case: People vs Abarca (1987)

Topic: Death or physical injuries inflicted under exceptional circumstances

Outcome: Yes.
Satisfies requisites of 247
o Caught in the act (wife and paramour)
o killed the deceased in a fit of passionate outburst
motivated by same blind impulse
not influenced by external factors
death caused be the proximate result of the outrage
overwhelming the accused
killing must be the direct by-product of the accused's
rage.
conviction of murder by trial court is wrong
although one hour has passed, it is a continuation of the pursuit of the
victim
o immediately thereafter does not mean instantly

247 merely provides or grants a privilege or benefit; not a crime
o exemption from an adequate punishment
o applies to a legally married person or parent who shall surprise
his spouse or daughter in the act of committing sexual
intercourse with another and shall kill any or both of them
immediately thereafter
o destierro intended more for the benefit of the accused than a
punishment

treachery cannot be appreciated, 247 not being a crime

The accused-appellant did not have the intent to kill the Amparado
couple. (caught in the crossfire)
o as a rule, one committing an offense is liable for all the
consequences of his act, that rule presupposes that the act
done amounts to a felony.
9
But the case at bar requires
distinctions.
the accused-appellant was not committing murder
when he discharged his rifle upon the deceased.
Inflicting death under exceptional circumstances is not
murder. We cannot therefore hold the appellant liable
for frustrated murder for the injuries suffered by the
Amparados.
Doe not mean he is not liable. We nonetheless find
negligence on his part. Accordingly, we hold him
liable under the first part, second paragraph, of Article
365, that is, less serious physical injuries through
simple imprudence or negligence.
Quick facts:
Wife of abarca had illicit sex
Was not able to catch the train. Went to back to house
Caught in the act of sex (peeped)
Paramour was able to run away
Got an armalite (M16 rifle)
Proceeded to mahjong session
Fired 3 times with his rifle
Paramour died
Injured two other people
Charge of trial court is murder (qualifying is treachery) + 2 frustrated
homicide
Recommended executive clemency, not full pardon
SC said, cannot be convicted of murder
o Death under exceptional circumstances
o absolved
What is the doctrinal value of this case:
One cannot be convicted of murder if the death is covered under
exceptional circumstances provided under Art 247.
Immediately thereafter does not mean instantly, continuation of the
pursuit of victim









Case: Baleros vs People - 2007
Topic: Unjust Vexation (Guilty)
Doctrinal value:
A person can be convicted for unjust vexation even if charge alleged in the
information is different. The fact that such information contained elements of unjust
vexation is sufficient for a person to be convicted thereof if proven in the trial.

Quick facts:
Adjudged guilty of light coercion by CA while the charge is attempted rape
Accused says he cannot be convicted of unjust vexation
o Cited people vs Contreras.
However, the elements of unjust vexation do not form
part of the crime of rape as defined in Art.335 of the
Revised Penal Code. Moreover, the circumstances stated
in the information do not constitute the elements of the
said crime (from statutory rape charge to conviction of
unjust vexation)
However, the instant case is different from Contreras in that, the information
filed contained elements of unjust vexation
o That about 1:50 in the morning or sometime thereafter of
13 December 1991 in Manila and within the jurisdiction of
this Honorable Court, the above-named accused, by
forcefully covering the face of Martina Lourdes T. Albano
with a piece of cloth soaked in chemical with dizzying
effects, did then and there willfully, unlawfully and
feloniously commenced the commission of rape by lying
on top of her with the intention to have carnal knowledge
with her but was unable to perform all
the acts of execution by reason of some cause or
accident other than hisown spontaneous desistance, said
acts being committed against her will and consent to her
damage and prejudice. (Italics ours.)

Contrary to law.
Counter argument of Petitioner is that the Information, as quoted
above, does not allege that the complained act of covering the face
of the victim (Malou) with a piece of cloth soaked in chemical caused
her annoyance, irritation, torment, distress and disturbance.

SC: DENIED. (Motion for Partial Reconsideration)

o Malice, compulsion or restraint need not be alleged in an
Information for unjust vexation.
o Unjust vexation exists even without the element of
restraint or compulsion for the reason that the term is
broad enough to include any human conduct which,
although not productive of some physical or material
harm, would unjustly annoy or irritate an innocent
person.
[4]
As pointed out in the Decision sought to be
reconsidered:
o Essence is whether the offender's act causes annoyance,
irritation, torment, distress, or disturbance to the mind of
the person to whom it is directed.
Malou cried after relaying to her classmates the
incident
Filed case for attempted rape proved that she
has been disturbed if not distressed by the acts


______________
Case: People vs Ty (1989)
Topic: Failure to return a minor (ACQUITTED) 270
Doctrinal value:
Failure to return a minor is a deliberate act.

Defined deliberateness of an act;
Important element in art 270 is deliberateness of act (failing to return)
Quick Facts:
May-ari ng clinic, failed to return a minor (7 years old)
Convicted by the trial court 270
Penalty is reclusion perpetua

Dinala sa clinic kasi may sakit (bronchitis, diarrhea)
Pina confine as advised
After 3 days, ready to discharge na ung bata, hindi kinuha ng magulang
Bumalik after one week, kaso wala namang pambayad sa charges ng hospital
(P300)
Nakiusap na iwan muna ung bata sa custody ng ospital. (P50 / day) ward to
nursery
Nirekomenda sa kanya na maghire na lang ng yaya,
o kesa magbayad ng 50 araw araw, yaya (P400) lng
Nag-agree
Tinransfer from nursery to extension of clinic
Tapos nito, hindi na binalikan ng nanay
Ung asawa, nagpunta sa ospital pero hindi naman kinuha ung bata
Ospital, nag effort kontakin
o Walang namang iniwang address o telephone number
Nireport ng ospital sa barangay, abandonment of child
Ospital na muna nag-alaga

After 2 years, hindi pa din kinukuha, may dentist (taga-ospital) nagrekomend
na ihanap na lng ng guardian
Tiyahin nung dentist ung kumupkop

After 5 years (1992) kinukuha na ung bata nung nanay

nag file ng habeas corpus

Nagfile ng criminal case

Nagfile administrative against the dentist
RTC:
Ginrant.
Ibalik ang bata sa magulang
CA:
Nireverse
Not guilty of kidnapping and failure to return a minor
o Hindi pareho ung batang nandon sa custody ng dentist (Cristina) at
ung hinahanap ng magulang (Arabella)
SC:
Agree with CA (ACQUITTED)
o no deliberate refusal or failure on the part of the accused-
appellants to restore the custody of the complainants child to
her.

The efforts taken by the accused-appellants to help
the complainant in finding the child clearly negate the
finding that there was a deliberate refusal or failure on
their part to restore the child to her mother. Evidence
is simply wanting in this regard.

When the accused-appellant learned that complainant
wanted her daughter back after five (5) long years of
apparent wanton neglect, they tried their best to help
herein complainant find the child as the latter was no
longer under the clinics care
Accused-appellant Dr. Ty did not have the address of
Arabellas guardians but as soon as she obtained it
from Dr. Fe Mallonga who was already working
abroad, she personally went to the guardians
residence and informed them that herein complainant
wanted her daughter back
Sought the help of the NBI to compel the guardians return
the minor

accused-appellants conduct from the moment the
child was left in the clinics care up to the time the
child was given up for guardianship was motivated by
nothing more than an earnest desire to help the child
and a high regard for her welfare and well-being.


o No evidence that Cristina is Arabella
In fact sabi ng respondents, 1988 pinabinyagan si Cristina.
E si Arabella asa ospital pa non, kasi nga 1989 binalikan pa
sya ng nanay nya, at nakita na andun pa sya.
Nag set ng hearing si justice (who is also a mother) para
maobserve ung demeanor nung nanay pag nakita ung anak
e dare darecho lang si mother, hindi man lang huminto
para tingnan ung anak niya
no sign of endearment
did not embrace
no sign of affection

o hindi na kelangan patunayan kung lawfully acquired si Cristina, kasi
hindi naman napatunayan na siya si Arabella



Article 270
(a) the offender has been entrusted with the custody of the minor, and
(b) the offender deliberately fails to restore said minor to his parents or guardians.

Essence:
The essential element herein is that the offender is entrusted
with the custody of the minor but what is actually punishable is
not the kidnapping of the minor, as the title of the article seems
to indicate, but rather the deliberate failure or refusal of the
custodian of the minor to restore the latter to his parents or
guardians

Said failure or refusal, however, must not only be
deliberate but must also be persistent as to oblige the
parents or the guardians of the child to seek the aid of
the courts in order to obtain custody

Deliberate, adj. Well advised; carefully considered; not sudden or rash;
circumspect; slow in determining. Willful rather than merely
intentional. Formed, arrived at, or determined upon as a result of careful
thought and weighing of considerations, as a deliberate judgment or
plan. Carried on coolly and steadily, especially according to a preconceived
design; given to weighing facts and arguments with a view to a choice or
decision; careful in considering the consequences of a step; slow in action;
unhurried; characterized by reflection; dispassionate; not rash. People v.
Thomas, 25 Cal. 2d 880, 156 P. 2d 7, 17, 18.

By the use of this word, in describing a crime, the idea is
conveyed that the perpetrator weighs the motives for the act
and its consequences, the nature of the crime, or other things
connected with his intentions, with a view to a decision
thereon; that he carefully considers all these, and that the act
is not suddenly committed. It implies that the perpetrator must
be capable of the exercise of such mental powers as are called
into use by deliberation and the consideration and weighing of
motives and consequences.
[13]


The word is derived from two Latin words which mean literally concerning
and to weigh, it implies the possession of a mind capable of conceiving a
purpose to act, and the exercise of such mental powers as are called into use
by the consideration and weighing of the motives and the consequences of
the act; and has been defined as meaning to consider, reflect, take counsel, or
to weigh the arguments for and against a proposed course of action; to
consider and examine the reasons for and against, consider maturely, ponder,
reflect upon, or weigh in the mind; to reflect, with a view to make a choice; to
weigh the motives for an act and its consequences, with a view to a decision
thereon.

Essentially, the word deliberate as used in the article must imply
something more than mere negligence; it must be premeditated,
obstinate, headstrong, foolishly daring or intentionally and maliciously
wrong.
















Case: Kwan vs CA
Topic: Unjust Vexation (287)

Doctrinal value: Unjust vexation is committed by causing an act which unjustly
annoys or vexes another person

Side Issues:
Although a memorandum decision is permitted under certain conditions,
it cannot merely refer to the findings of fact and the conclusions of law
of the lower court (CA, kinopya lang desisyon na MTC, nagdagdag lng
ng dalawang paragraph). Rule 120, Sec. 2, 1985 Rules on Criminal
Procedure
o Did not even attempt to explain
o lackadaisical performance cannot be tolerated
moral damages and exemplary damages, when applicable:
o Moral damages may be recovered if they were the proximate
result of defendants wrongful act or omission.
[18]

o An award of exemplary damages is justified if the crime was
committed with one or more aggravating
circumstances.
[19]
There is no evidence to support such
award. Hence, we delete the award of moral damages,
exemplary damages, and attorneys fees.
Quick Facts:
Petitioner admitted having ordered the cutting of the electric, water and
telephone lines of complainants business establishment because these
lines crossed his property line. He failed, however, to show evidence
that he had the necessary permit or authorization to relocate the
lines. Also, he timed the interruption of electric, water and telephone
services during peak hours of the operation of business of the
complainant. Thus, petitioners act unjustly annoyed or vexed the
complainant. Consequently, petitioner Ong Chiu Kwan is liable for
unjust vexation

MTC sabi, unjust vexation
o Kulong 20 days
o Pay moral and exemplary + attorneys fees
Caused interruption of business
Para di na ulitin
Nag-appeal sa RTC. Adopted MTC
Nag-appeal sa CA. Adopted MTC
SC:
Si CA nagdesisyon, pero inadopt lang ung sa MTC, without an explanation
bakit ganun ung ruling nila
o Lackadaisical performance
o case may be remanded to the lower court for compliance with
the constitutional requirement of contents of a
decision. However, considering that this case has been
pending for sometime, the ends of justice will be fully served if
we review the evidence and decide the case
moral damages and exemplary damages were deleted
o not proper.
Hindi proximate result ng damage ung act
Exemplary, mag apply lng kung may aggravating
circumstance

Penalty: bayad lng ng 200 pesos













Case: People vs Whisenhunt (Guilty)
Topic: Murder
Doctrinal Value:
Quick facts:
RTC guilty sa murder
Direct appeal to SC

Pinatay si Elsa
Stabbed in different parts of the body
Outraged or Scoffed her corpse
o Chopped off head
o Chopped different parts of the body

Lovers daw sila
Nadeveloop kasi magkatrabaho (manager + assistant personnel manager)
o Parehong kasal, pero parehong hiwalay sa asawa
o Nagresign si elsa, pero tuloy ang relasyon
Pinasundo ni Whisenhunt si elsa sa katrabaho niya. (Sept 23)
o Sinundo malapit sa bahay ng parent
o Nadescribe ang suot, pati hawak na gamit
o Dinala sa condominium ni Whisenhunt
o Inutusan muna si Demetrio pero pinabalik din
Sya daw maghatid kay Elsa 10pm
10 pm na, di ba din lumalabas si Whisenhunt kaya unuwi
na sya
Bumalik si Demetrio sa condo (Sept 25)
o Inutusan ulet (kua daw sya damit, punta silang Bagak Bataan
o Tinanong sya ni Amy kung andun pa si Elsa sa room ni Whisenhunt
Sabi nya yes
o Kumuha sya ng damit at bumalik ulet sa condo
Sabi sa kanya ihanda ang kotse
Nilapitan sya ni Whisenhunt, nag emote sila (how long are you going to work
for me / forever / embrace)
o Confessed Elsa is dead, because of bangungot
o Said he already beheaded her
Bumili sila ng dalawang malaking bag na may zipper at gulong
Tinulungan nyang ilagay sa garbage bag (3) at nilagay sa 2 bag na may zipper
at roller
o Pira-piraso na ung katawan ni elsa
o Nakita nya mukha mismo ni elsa
Isinakay nila sa trunk ng kotse at bumiyahe na sila
o Si Demetrio nagdrive
Itinapon nila sa Sta Rosa
Tumuloy na sila sa Bataan
o Si Demetrio na nagdrive
Bago makarating ng Bataan, huminto sa tuloy
o Hinulog doon ung isa pang bag
Habang nakasakay sa kotse, tinapon din niya ung Giordano bag,
o May pinunit sya at tinapon sa bintana
Natulog sya sa mansion ni Whisenhunt sa bataan
Kiunabukasan, pinalinis ang trunk ng kotse sa kanya
Bumiyahe.
Pinababa si Demetrio kasi may pupuntahan daw si Whisenhunt
o Binigyan ng pamasahe
o Nangako na magbibigay ng pera
o Magbakasyon daw muna sya
Paguwi, sinabi ni Demetrio sa asawa
Kinabukasan, nagreport sa fiscal

NBI pumunta sa sta rosa laguna, nakita ung bangkay.
o Confirmed na si Elsa
Kinabukasan, inaresto na si Whisenhunt
o Binuksan ung car (foul smell emanated)


Inquested
Requested preliminary investigation
o Signed waiver of 125 of RPC
Investigation, nakita sa bahay (hairstrands, bloodstains, shoes, vicks)
o Nag match
Postem: stab wounds ang kinamatay





Defense:
Denied seeing Demetrio (Sept 24)
Pumunta daw sila sa Bagak (Sept 25)
Si Demetrio daw ang humiram ng sasakyan
Said he received two threatening letters from the husband of Elsa
That he cannot kill Elsa because he was in love with her
Regla daw ung dugo na nakita sa bed sheet
RTC:
Guilty
SC:
Star witness Demetrio Ravelos narrative is both convincing and consistent in
all material points. (Sole witness)
o Logical and coherent ang version ni Demetrio
Description perfectly jived (body parts)
Statements made by accused-appellant
o Deserves full faith and credit
Did not waver on difficult and lengthy examinations
Findings of trial court; respected
o Findings of forensic biologist point to death of Elsa inside his room
o Stabbing is the cause of death
o Kitchen knife inside his room was seen by Demetrio
Physical evidence is a mute but eloquent manifestation of
truth, and it ranks high in the hierarchy of our trustworthy
evidence.
[68]
For this reason, it is regarded as evidence of
the highest order. It speaks more eloquently than a
hundred witnesses
While it may be true that there was no eyewitness to the
death of Elsa, the confluence of the testimonial and
physical evidence against accused-appellant creates an
unbroken chain of circumstantial evidence that naturally
leads to the fair and reasonable conclusion that accused-
appellant was the author of the crime, to the exclusion of
all others
Circumstantial evidence may be resorted to in proving the
identity of the accused when direct evidence is not
available, otherwise felons would go scot-free and the
community would be denied proper protection. The rules
on evidence and jurisprudence sustain the conviction of an
accused through circumstantial evidence when the
following requisites concur: (1) there must be more than
one circumstance; (2) the inference must be based on
proven facts; and (3) the combination of all circumstances
produces a conviction beyond doubt of the guilt of the
accused.
[70]

o He is the only suspect to the killing
Died in his room
o Demetrio cannot be the suspect
Reported to authorities immediately
o Letters do not have any weight
Addressed to him, not Elsa
Fact remains that Elsa died in his room
o No abuse of superior strength
Just because victim is woman, does not readily mean
abuse of superior strength
Accused is only a small frame / maliiit na tao
o Outraging and scoffing; correctly appreciated as qualifying
Dismembered the dead body
o Moral damages modified to 1,000,000