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January-December 2013 circumstances which ought to put the holder upon inquiry. It is
Atty. Ramon S. Esguerra actually a question of intent and although something internal, it can
be ascertained by relying not on ones self-serving protestations of
Book II good faith but on evidence of his conduct and outward acts.
FALSIFICATION BY PRIVATE INDIVIDUALS OF A PRIVATE, In this case, Ruzol should be acquitted because he acted in
PUBLIC, OR COMMERCIAL DOCUMENT: ELEMENTS good faith. Contrary to the conclusions made by the
Sandiganbayan, Ruzols act of consulting with the public through an
Tanenggee v. People, G.R. No. 179448, 26 June 2013. organizational meeting was not a badge of bad faith. Rather, it was
a sign supporting Ruzols good intentions to regulate and monitor
On different occasions, accused Tanenggee affixed, forged, the movement of salvaged forest products to prevent abuse and
or caused to be signed the signature of Tan as endorser and payee occurrence of untoward illegal logging.
of the proceeds of the checks at the back of the same to show that
the latter had indeed endorsed the same for payment. He handed MALVERSATION OF PUBLIC FUNDS: PRESUMPTION, MODES
the checks to the loans clerk for encashment. Once said documents OF COMMISSION
were forged and falsified, Tanenggee released and obtained from
the bank Cantos v. People, G.R. No. 184908, 3 July 2013.
All the elements of the crime of estafa through falsification Accused Cantos was convicted of the crime of malversation
of commercial documents were established in this case. of public funds.
First, Tanenggee is a private individual. Second, the acts of Article 217 of the Revised Penal Code (RPC) states that the
falsification consisted in Tanenggees (1) counterfeiting or imitating failure of a public officer to have duly forthcoming any public funds
the victims handwriting or signature and causing it to appear that or property with which he is chargeable, upon demand by any duly
the same is true and genuine in all respects; and (2) causing it to authorized officer, isprima facie evidence that he has put such
appear that victim has participated in an act or proceeding when missing fund or property to personal uses. This presumption,
he did not in fact so participate. Third, the falsification was however, may be rebutted upon evidence that can nullify any
committed in promissory notes and checks which are commercial likelihood that the accused put the funds or property to personal
documents. use.
USURPATION OF OFFICIAL FUNCTIONS: ELEMENTS Cantos failed to overcome this prima facie evidence of guilt.
He failed to explain the missing funds in his account and to
Ruzol v. Sandiganbayan and People, G.R. Nos. restitute the amount upon demand. His claim that the money was
186739-960, 17 April 2013. taken by robbery or theft is self-serving and has not been
supported by evidence. In fact, Cantos even tried to unscrew the
As mayor, accused Ruzol issued permits to transport safety vault to make it appear that the money was forcibly taken.
salvaged forest products to various recipients. An information for Moreover, Cantos explanation that there is a possibility that the
usurpation of authority or official functions was filed against him on money was taken by another is belied by the fact that there was no
the ground that he was not lawfully entitled to issue said permits, sign that the steel cabinet was forcibly opened. Finally, it was only
such authority properly belonging to the Department of Cantos who had the keys to the steel cabinet.
Environment and Natural Resources (DENR).
ANTI-GRAFT AND CORRUPT PRACTICES ACT: CONSPIRACY
The Supreme Court acquitted Ruzol.Good faith is a defense
in criminal prosecutions for usurpation of official functions. The Bacasmas v. People, G.R. Nos. 189343, 189369, and
term good faith is ordinarily used to describe that state of mind 189553, 10 July 2013.
be public land. The City Council
A Commission of Audit (COA) report consequently passed a resolution,
showed that petitioners Bacasmas, Gaviola, authorizing the city mayor to enter into a
Cesa, and Jaca not only signed, certified, contract for and on behalf of the city for
and approved the City Government of said canals construction.
Cebus cash advance vouchers, but also
signed and countersigned the checks A certain Nadela discovered that a
despite the deficiencies, which amounted to canal was being constructed on her lot
violations of R.A. 7160, P.D. 1445, and COA without her consent. Despite the
Circular Nos. 90-331, 92-382 and 97-002.2. governments assurances, it never initiated
efforts to remove the canal,
Petitioners are guilty beyond promptingNadela to file the instant
reasonable doubt of violating Section 3 (e) complaint against Sanchez.
of R.A. No. 3019. Gross and inexcusable
negligence is characterized by a want of Sanchez conviction was
even the slightest care, acting or omitting proper.Section 3(e) of R.A. 3019 may be
to act in a situation in which there is a duty committed either by dolo, as when the
to act not inadvertently, but wilfully and accused acted with evident bad faith or
intentionally, with conscious indifference to manifest partiality or by culpa as when the
consequences insofar as other persons are accused committed gross inexcusable
affected. Bad faith does not simply connote negligence.
bad judgment or simple negligence. It
imports a dishonest purpose or some moral
obloquy and conscious doing of a wrong, a
breach of a known duty due to some motive
or interest or ill will that partakes of the There is manifest partiality when
nature of fraud. there is a clear, notorious, or plain
inclination or predilection to favour one side
Petitioners were well aware of their or person rather than another. Evident bad
responsibilities before they affixed their faith connotes not only bad judgment but
signatures on the cash advance vouchers. also palpably and patently fraudulent and
Yet, they still chose to disregard the dishonest purpose to do moral obliquity or
requirements laid down by the law, rules, conscious wrongdoing for some perverse
and regulations by approving the vouchers motive or ill will. Finally, gross inexcusable
despite the incomplete information therein, negligence refers to negligence
the previous unliquidated cash advances, characterized by want of even the slightest
the absence of payroll to support the cash care, acting or omitting to act in a situation
requested, and the disparity between the where there is a duty to act, not
requested cash advances and the total net inadvertently but wilfully and intentionally,
pay. Worse, they continue to plead their with conscious indifference to
innocence, allegedly for the reason that it consequences insofar as other persons may
was "common practice" in their office not to be affected.
follow the law and rules and regulations to
the letter.
Sanchez failure to validate the
ANTI-GRAFT AND CORRUPT PRACTICES ownership of Nadelas land on which the
ACT: SECTION 3(E) canal is to be built because of his
unfounded belief that it is public land
Sanchez v. People, G.R. No. constitutes gross and inexcusable
187340, 14 August 2013 negligence. Sanchez even impliedly
Petitioner Sanchez, a city engineer, admitted that it fell squarely under his
approved and submitted documents duties to check the ownership of the land
concerning the improvement of an existing with the Register of Deeds. Yet, he
canal to the Cebu City Council. In the concluded that it was public land solely on
course of the project preparation, however, his evaluation of its appearancethat
Sanchez never ordered any of his Nadelas land looked swampy.
subordinates to verify the ownership of the
land through which the canal would pass Plameras v. People, G.R. No.
because, according to him, it appeared to 187268, 4 September 2013;
2
Posadas and Dayco v. People,
G.R. Nos. 168951 and 169000,
27 November 2013. (same The victim was about to ride his
doctrine as discussed above) tricycle when petitioner Escamilla shot the
former four times, hitting him once in the
MURDER: ELEMENTS upper portion of his right chest.
RAPE: ELEMENTS
Escamilla v. People, G.R. No.
188551, 27 February 2013.
3
People v. Buado, Jr., G.R. No. succumbed to the lust of an accused. It is
170634, 8 January 2013; People not an essential element of rape.
v. Zafra, G.R. No. 197363, 26
June 2013; People v. Manalili, Delay in revealing the commission of
G.R. No. 191253, 28 August a crime, such as rape, does not necessarily
2013. render such charge unworthy of belief. This
is because the victim may choose to keep
Carnal knowledge of a female simply quiet rather than expose her defilement to
means a male having bodily connections the cruelty of public scrutiny. Only when the
with a female. The presence or absence of delay is unreasonable or unexplained may it
injury or laceration in the victims genitalia work to discredit the complainant.
is not decisive of whether rape has been
committed. Such injury or laceration is People v. Bacatan, G.R. No.
material only if force or intimidation were 203315, 18 September 2013
an element of the rape charged. Otherwise,
it is merely circumstantial evidence of the In rape cases, the law does not
commission of the rape. impose a burden on the rape victim to
prove resistance because it is not an
People v. Penilla, G.R. No. element of rape. Hence, the absence of
189324, 20 March 2013; People abrasions or contusions in AAAs body is
v. Vitero, G.R. No. 175327, 3 inconsequential. Also, not all victims react
April 2013; People v. Cabungan, the same way. Some people may cry out,
G.R. No. 189355, 23 January some may faint, some may be shocked into
2013; People v. Lomaque, G.R. insensibility, while others may appear to
No. 189297, 5 June 2013; People yield to the intrusion. Some may offer
v. Zafra, G.R. No. 197363, 26 strong resistance while others may be too
June 2013; People v. Basallo, intimidated to offer any resistance at all.
G.R. No. 182457, 30 January The failure of a rape victim to offer
2013; People v. Candellada, G.R. tenacious resistance does not make her
No. 189293, 10 July 2013; People submission to accuseds criminal acts
v. Cedenio, G.R. No. 201103, 25 voluntary. What is necessary is that the
September 2013; People v. force employed against her was sufficient to
Galagar, Jr., G.R. No. 202842, 9 consummate the purpose which he has in
October 2013. mind.
By the very nature of the crime of Sufficient force does not mean great
rape, conviction or acquittal depends or is of such character that is irresistible; as
almost entirely on the credibility of the long as it brings about the desired result, all
complainants testimony because of the considerations of whether it was more or
fact that, usually, only the participants can less irresistible are beside the point.
directly testify as to its occurrence. Since
normally only two persons are privy to the People v. Espenilla, G.R. No.
commission of rape, the evaluation of the 192253, 18 September 2013.
evidence thereof ultimately revolves around
the credibility of the complaining witness. When a rape victims testimony is
straightforward and marked with
The moral character of the victim is consistency despite grueling examination, it
immaterial. Rape may be committed not deserves full faith and confidence and
only against single women, but also against cannot be discarded. If such testimony is
those who are married, middle-aged, clear, consistent and credible to establish
separated, or pregnant. Even a prostitute the crime beyond reasonable doubt, a
may be a victim of rape. conviction may be based on it,
notwithstanding its subsequent retraction.
Physical resistance need not be Mere retraction by a prosecution witness
established in rape when threats and does not necessarily vitiate her original
intimidation are employed, and the victim testimony.
submits herself to her attacker because of
fear. It is not the sole test to determine A retraction is looked upon with
whether a woman has involuntarily considerable disfavor by the courts. It is
4
exceedingly unreliable for there is always anal orifice of another person. It is also
the probability that such recantation may called instrument or object rape, also
later on be repudiated. It can easily be gender-free rape, or the narrower
obtained from witnesses through homosexual rape.
intimidation or monetary consideration. Like
any other testimony, it is subject to the test CONSUMMATED RAPE
of credibility based on the relevant
circumstances and, especially, on the People v. Reyes, G.R. No.
demeanor of the witness on the stand. 173307, 17 July 2013; People v.
Manalili, G.R. No. 191253, 28
People v. Caoile, G.R. No. August 2013; People v. De Jesus,
203041, 5 June 2013; People v. G.R. No. 190622, 7 October
Monticalvo, G.R. No. 193507, 30 2013; People v. Guillen, G.R. No.
January 2013. 191756, 25 November 2013.
The law provides that there are two Slightest penetration of the labia of
circumstances for the carnal knowledge of a the female victim's genitalia consummates
woman with mental disability to be the crime of rape. As the text of the law
considered rape. It may either be rape of a itself shows, the breaking of the hymen of
person deprived of reason or rape of a the victim is not among the means of
demented person. consummating rape. All that the law
requires is that the accused had carnal
The term deprived of reason knowledge of a woman under the
pertains to those suffering from a mental circumstances described in the law. By
abnormality, deficiency, or retardation. definition, carnal knowledge was "the act of
Meanwhile, a demented person pertains a man having sexual bodily connections
to one having dementiaa form of mental with a woman." This understanding of rape
disorder in which cognitive and intellectual explains why the slightest penetration of
functions of the mind are prominently the female genitalia consummates the
affected and where total recovery is not crime.
possible.
In objective terms, carnal
People v. Gaduyon, G.R. No. knowledge, the other essential element in
181473, 11 November 2013 consummated statutory rape, does not
require full penile penetration of the female.
In rape under paragraph 1 or rape The mere touching of the external genitalia
through sexual intercourse, carnal by a penis capable of consummating the
knowledge is the crucial element which sexual act is sufficient to constitute carnal
must be proven beyond reasonable doubt. knowledge. All that is necessary to reach
This is also referred to as organ rape or the consummated stage of rape is for the
penile rape and must be attended by any penis of the accused capable of
of the circumstances enumerated in consummating the sexual act to come into
subparagraphs (a) to (d) of paragraph 1. contact with the lips of the pudendum of
There must be evidence to establish beyond the victim. This means that the rape is
reasonable doubt that the perpetrators consummated once the penis of the
penis touched the labia of the victim or slid accused capable of consummating the
into her female organ, and not merely sexual act touches either labia or the
stroked the external surface thereof, to pudendum.
ensure his conviction of rape by sexual
intercourse. Also, the touching that constitutes
rape does not mean mere epidermal
Rape under paragraph 2 of the contact, or stroking or grazing of organs, or
above-quoted article is commonly known as a slight brush or a scrape of the penis on
rape by sexual assault. The perpetrator, the external layer of the victims vagina, or
under any of the attendant circumstances the mons pubis, but rather the erect penis
mentioned in paragraph 1, commits this touching the labias or sliding into the
kind of rape by inserting his penis into female genitalia. Accordingly, the
another persons mouth or anal orifice, or conclusion that touching the labia majora or
any instrument or object into the genital or the labia minora of the pudendum
5
constitutes consummated rape proceeds People v. Veloso, G.R. No.
from the physical fact that the labias are 188849, 13 February 2013;
physically situated beneath the mons pubis People v. Dela Cruz, G.R. No.
or the vaginal surface, such that for the 183091, 19 June 2013.
penis to touch either of them is to attain
some degree of penetration beneath the Due to its intimate nature, rape is
surface of the female genitalia. It is usually a crime bereft of witnesses and,
required, however, that this manner of more often than not, the victim is left to
touching of the labias must be sufficiently testify for herself. Thus, in the resolution of
and convincingly established. rape cases, the victims credibility becomes
the primordial consideration.
People v. Guillen, G.R. No.
191756, 25 November 2013 It is settled that when the victims
testimony is straightforward, convincing,
Rape may be committed even in and consistent with human nature and the
places where people congregate. Thus, it is normal course of things, unflawed by any
not impossible or unlikely that rape is material or significant inconsistency, it
perpetrated inside a room adjacent to a passes the test of credibility. The accused
room occupied by other persons, as in this then may be convicted solely on the basis
case. thereof.
RAPE: WHEN COMMITTED WITH A Also, the law does not impose a
DEADLY WEAPON burden on the rape victim to prove
resistance. What has to be proved by the
People v. Basallo, G.R. No. prosecution is the use of force or
182457, 30 January 2013. intimidation by the accused in having
sexual intercourse with the victim.
The gravamen of the offense of rape
is sexual intercourse with a woman against RAPE THROUGH FORCE OR
her will or without her consent. Relating INTIMIDATION
thereto, when a victim is threatened with
bodily injury as when the rapist is armed People v. Vitero, G.R. No.
with a deadly weapon, such as a knife or 175327, 3 April 2013; People v.
bolo, such constitutes intimidation sufficient Deligero, G.R. No. 189280, 17
to bring the victim to submission to the April 2013; People v. Amistoso,
lustful desires of the rapist. G.R. No. 201447, 9 January
2013; People v. Diaz, G.R. No.
The victims failure to shout for help 200882, 13 June 2013.
does not negate rape. Even the victims
lack of resistance, especially when In rape committed by close kin, such
intimidated by the offender into submission, as the victims father, stepfather, uncle, or
does not signify voluntariness or consent. the common-law spouse of her mother, it is
The law does not impose an obligation on not necessary that actual force or
the part of the victim to exhibit defiance or intimidation be employed. Moral influence
to present proof of struggle. or ascendancy takes the place of violence
and intimidation.
People v. Penilla, G.R. No.
189324, 20 March 2013. RAPE THROUGH SEXUAL ASSAULT
6
testified in court that accused Pielago has in lascivious conduct under the coercion or
inserted his forefinger in her vagina and influence of an adult.
anus.
Unlike rape, therefore, consent is
STATUTORY RAPE: ELEMENTS immaterial in cases involving violation of
Section 5, Article III, R.A. No. 7610. The
People v. Rayon, Sr., G.R. No. mere act of having sexual intercourse or
194236, 30 January 2013; People committing lascivious conduct with a child
v. Lomaque, G.R. No. 189297, 5 who is exploited in prostitution or subjected
June 2013; Caballo v. People, to sexual abuse constitutes the offense.
G.R. No. 198732, 10 June 2013;
People v. Manalili, G.R. No. QUALIFIED RAPE
191253, 28 August 2013; People
v. Gaduyon, G.R. No. 181473, 11 People v. Rayon, Sr., G.R. No.
November 2013. 194236, 30 January 2013; People
v. Lomaque, G.R. No. 189297, 5
Sexual abuse under Section 5 (b) of June 2013; People v. Candellada,
R.A. No. 7610 has three elements: G.R. No. 189293, 10 July 2013.
7
As to the "sweetheart defense", it is documentary and/or other evidence like
said that love is not a license for lust. "A mementos, love letters, notes, pictures and
love affair does not justify rape for a man the like. The sweetheart theory as a
does not have the unbridled license to defense necessarily admits carnal
subject his beloved to his carnal desires knowledge, the first element of rape.
against her will." In this case, Cruzs Effectively, it leaves the prosecution the
argument that they are lovers may be true; burden to prove only force or intimidation,
however, the sexual incidents between him the coupling element of rape. This
and AAA have not been proven to be admission makes the sweetheart theory
consensual. more difficult to defend, for it is not only an
affirmative defense that needs convincing
People v. Rivera, G.R. No. proof; after the prosecution has successfully
200508, 4 September 2013 established a prima faciecase, the burden
of evidence is shifted to the accused, who
In determining whether the act was has to adduceevidence that the intercourse
consensual and that no force of any kind was consensual.
and degree was employed, circumstances
as to the age, size and strength of both KIDNAPPING AND SERIOUS ILLEGAL
parties must also be looked into because DETENTION: ELEMENTS
force in rape is relative. The sweetheart
defense is an affirmative defense that must People v. Salvador, G.R. No.
be supported by convincing proof. 201443, 10 April 2013.
As correctly ruled by the CA, such Here, the Supreme Court affirmed
defense is "effectively an admission of the accuseds convictions. Based on the
carnal knowledge of the victim and victims clear and categorical testimony,
consequently places on accused-appellant the accuseds overt acts were undoubtedly
the burden of proving the alleged geared toward unlawfully depriving the
relationship by substantial evidence." victim of his liberty and extorting ransom in
Independent proof is required. exchange for his release. That no ransom
was actually paid does not negate the fact
People v. Cayanan, G.R. No. of the commission of the crime, it being
200080, 18 September 2013 sufficient that a demand for it was made.
8
ROBBERY WITH HOMICIDE: ELEMENTS exceed 22,000 pesos; but
if the value of the thing
People v. Cachuela, G.R. No. stolen exceed[s] the latter
191752, 10 June 2013. amount, the penalty shall
be the maximum period
Homicide is said to have been of the one prescribed in
committed by reason or on the occasion of this paragraph, and one
robbery if, for instance, it was committed: year for each additional
ten thousand pesos, but
1 To facilitate the robbery or the the total of the penalty
escape of the culprit; which may be imposed
2 To preserve the possession by the shall not exceed twenty
culprit of the loot; years. In such cases, and
3 To prevent discovery of the in connection with the
commission of the robbery; or accessory penalties which
4 To eliminate witnesses in the may be imposed and for
commission of the crime. the purpose of the other
provisions of this Code,
In this case, the victim was killed to the penalty shall be
facilitate the robbery. The fact that the termed prision mayor or
cartridge bullet shells found at the firing reclusion perpetua, as the
range where the victims lifeless body was case may be.
discovered matched with one of the guns
found from one of the accused during an XXX
entrapment operation clinches the case
against accused insofar as establishing the Art. 310. Qualified theft.The
nexus between the robbery and the victims crime of theft shall be
killing. Also, the gunshot wounds suffered punished by the penalties
by the victim also came from the same next higher by two degrees
caliber of gun recovered from said accused. than those respectively
specified in the next
THEFT: SIMPLE THEFT AND QUALIFIED preceding articles, if
THEFT DISTINGUISHED committed by a domestic
servant, or with grave abuse
Almuete v. People, G.R. No. of confidence, or if the
179611, 12 March 2013. property stolen is motor
vehicle, mail matter or large
This case is an offshoot of an earlier cattle or consists of coconuts
case, convicting petitioner Almuete for taken from the premises of
violating Section 68 of the Revised Forestry the plantation or fish taken
Code of the Philippines, as amended. A from a fishpond or fishery, or
person violating said section shall be if property is taken on the
punished with the penalties imposed under occasion of fire, earthquake,
Articles 309 and 310 of the Revised Penal typhoon, volcanic eruption, or
Code. any other calamity, vehicular
accident or civil disturbance.
Accordingly, Articles 309 and 310 of XXX
the RPC provide:
Perusal of the records would show
Art. 309. Penalties.Any that the Regional Trial Court (RTC) imposed
person found guilty of theft the penalty prescribed in Article 310, which
shall be punished by: is two degrees higher than those specified
in Article 309. This is erroneous considering
1. The penalty of prision that Article 310 only applies if the theft
mayor in its minimum and were committed under the circumstances
medium periods, if the provided therein. In this case, however,
value of the thing stolen none of these circumstances were present.
is more than 12,000 The proper imposable penalty then is that
pesos but does not provided in Article 309.
9
and intelligence would ascertain the fact in
QUALIFIED THEFT performance of his duty to another or would
govern his conduct upon assumption that
Viray v. People, G.R. No. 205180, such fact exists.
11 November 2013
Circumstances normally exist to
The crime charged against petitioner forewarn a reasonably vigilant buyer that
Viray is theft qualified by grave abuse of the object of the sale may have been
confidence. derived from the proceeds of robbery or
theft. Such circumstances include the time
The elements constituting the crime and place of the sale, both of which may
of simple theft are present here. First, it was not be in accord with the usual practices of
proved that the subjects of the offense were commerce. The nature and condition of the
all personal or movable properties, goods sold, and the fact that the seller is
consisting as they were of jewelry, clothing, not regularly engaged in the business of
cellular phone, a media player and a selling goods may likewise suggest the
gaming device. Second, these properties illegality of their source, and therefore
belong to private complainant Vedua. Third, should caution the buyer.
circumstantial evidence places petitioner in
the scene of the crime during the day of the Accused Ong, who was in the
incident, as numerous witnesses saw him in business of buy and sell of tires for the past
Veduas house and his clothes were found 24 years, ought to have known the ordinary
inside the house. He was thereafter seen course of business in purchasing from an
carrying a heavy-looking sack as he was unknown seller. Nevertheless, Ong bought
leaving private complainants house. All the tires subject of this case without even
these circumstances portray a chain of asking for proof of ownership thereof and
events that leads to a fair and reasonable allowing the entire transactionthat is,
conclusion that petitioner took the personal from the proposal to buy until delivery of
properties with intent to gain, especially the tires, to happen in just one day. His
considering that, fourth, Vedua had not experience from the business should have
consented to the removal and/or taking of given him doubt as to the legitimate
these properties. ownership of the tires, considering that it
was his first to transact with the seller of
Notably, however, the very fact that the tires and that the sellers conduct as if
Viray forced open the main door and he were peddling said tires on the streets.
screen because he was denied access to
Veduas house negates the presence of Also, while for all practical purposes,
such confidence in him by Vedua. Without the issuance of a sales invoice or receipt is
ready access to the interior of the house proof of a legitimate transaction and may
and the properties that were the subject of be raised as a defense in the charge of
the taking, it cannot be said that Vedua had fencing, this defense is disputable. Ong
a firm trust on Viray or that she relied on failed to overcome the evidence presented
his discretion and that the same trust by the prosecution in rebutting this
reposed on him facilitated Virays taking of presumption.
the personal properties justifying his
conviction of qualified theft. CARNAPPING WITH HOMICIDE:
ELEMENTS
ANTI-FENCING LAW: ELEMENTS
People v. Mallari, G.R. No.
Ong v. People, G.R. No. 190475, 179041, 1 April 2013.
10 April 2013.
The Supreme Court sustained
As to the element of the crime that Mallaris conviction for the special complex
the accused knew or should have known crime of carnapping with homicide.To prove
that the said article, item, object, or this special complex crime, there must be
anything of value has been derived from proof not only of the essential elements of
the proceeds of the crime of robbery or carnapping, but also that it was the original
theft, the words should know denote the criminal design of the culprit and the killing
fact that a person of reasonable prudence was perpetrated in the course of the
10
commission of the carnapping or on the misappropriating or converting to the
occasion thereof. prejudice of another money, goods, or any
other personal property received by the
Mallari stole the FX taxi driven by offender in trust or on commission, or for
the victim after he agreed to illegally supply administration, or under any other
his co-accused with this type of vehicle. It obligation involving the duty to make
was correctly found that Mallari killed the delivery of or to return the same, even
victim in the course of the commission of though that obligation be totally or partially
the carnapping. guaranteed by a bond; or by denying
having received such money, goods, or
ESTAFA THROUGH FALSIFICATION OF A other property. This is clearly shown by the
PRIVATE, PUBLIC, OR COMMERCIAL factual allegations of the Informations.
DOCUMENT: ELEMENTS
Applying these standards to this
Tanenggee, G.R. No. 179448. case, first, accused Espino received
personal property in the form of checks in
The falsification of a public, official, trust or on commission, with the duty to
or commercial document may be a means deliver it to another. Even though Espino
of committing estafa because, before the misrepresented the existence of a
falsified document is actually utilized to deliverable commission, it is a fact that he
defraud another, the crime of falsification was obliged by the injured party, to deliver
has already been consummated, damage or the check and account for it. Second,
intent to cause damage not being an Espino rediscounted the checks to his aunt-
element of the crime of falsification of in-law. Third, this rediscounting resulted in
public, official, or commercial document. In the wrongful encashment of the checks by
other words, the crime of falsification has someone who was not the payee and
already existed. therefore not lawfully authorized to do so.
Finally, this wrongful encashment
Actually utilizing that falsified public, prejudiced the injured party, which lost the
official, or commercial document to defraud proceeds of the check. When accounting
another is estafa. But the damage is caused was demanded from the accused, he could
by the commission of estafa, not by the not conjure any justifiable excuse.
falsification of the document. Therefore, as
a special complex crime, the falsification of ESTAFA WITH ABUSE OF CONFIDENCE:
the public, official, or commercial document ELEMENTS
is only a necessary means to commit
estafa. Jandusay v. People, G.R. No.
185129, 17 June 2013.
The elements of estafa are obtaining
in this case. By falsely representing that the Misappropriation or conversion may
victim requested accused Tanenggee to be proved by the prosecution by direct
process purported loans on the latters evidence or by circumstantial evidence. The
behalf, Tanenggee counterfeited or imitated failure to account upon demand, for funds
the victims signature in the cashiers or property held in trust, is circumstantial
checks. Thus, Tanenggee succeeded in evidence of misappropriation.
withdrawing money from the bank. Clearly,
he employed deceit in order to take hold of In the instant case, it cannot be
the money, and misappropriated and denied that accused Jandusay, as
converted it to his own personal use and CALAPUPATODA treasurer, received and
benefit, resulting to the damage and held money for administration of and in
prejudice of the bank. trust for the association. He was thus under
an obligation to turn over the same upon
ESTAFA: MODES OF COMMISSION conclusion of his term as treasurer. Instead,
he misappropriated the money to the
Espino v. People, G.R. No. prejudice of the association and, despite
188217, 3 July 2013 demand, failed to account for or return
them. Such failure to account, upon
Article 315, paragraph 1(b) provides demand, of funds or property held in trust is
for the liability for estafa committed by
11
circumstantial evidence of Metrobank outside the ambit of the Trust
misappropriation. Receipts Law.
12
BIGAMY: ELEMENTS 1 that the offender commits any
acts of lasciviousness or
Capili v. People, G.R. No. lewdness;
183805, 3 July 2013 2 that it is done under any of the
following circumstances:
All the elements of the crime of a By using force or
bigamy were present in this case when the intimidation;
Information was filed on 28 June 2004. It is b When the offended party is
undisputed that a second marriage between deprived of reason or
petitioner and private respondent was otherwise unconscious; or
contracted on 8 December 1999 during the c When the offended party is
subsistence of a valid first marriage under 12 years of age.
between petitioner and Karla Y. Medina- 3 that the offended person is
Capili contracted on 3 September 1999. another person of either sex.
Notably, the RTC of Antipolo City itself
declared the bigamous nature of the second To obtain conviction for the same,
marriage between petitioner and private the prosecution is bound to establish the
respondent. Thus, the subsequent judicial elements of sexual abuse under Section 5,
declaration of the second marriage for Article III of Republic Act No. 7610:
being bigamous in nature does not bar the
prosecution of petitioner for the crime of 1 The accused commits the act of
bigamy. sexual intercourse or lascivious
conduct;
Capili may still be charged with the 2 The said act is performed with a
crime of bigamy, even if there is a child exploited in prostitution or
subsequent declaration of the nullity of the subjected to other sexual abuse;
second marriage, so long as the first and
marriage was still subsisting when the 3 The child, whether male or
second marriage was celebrated. female, is below 18 years of age.
13
molesting her by kissing and touching her
private parts, thus, satisfying the required It is material in this crime that the
elements of the crime charged. sale has actually taken place. What
consummates the buy-bust transaction is
DANGEROUS DRUGS ACT: ILLEGAL the delivery of the drugs to the poseur-
SALE OF DANGEROUS DRUGS buyer and, in turn, the sellers receipt of the
marked money. While the parties may have
People v. Linda, G.R. No. agreed on the selling price of the shabu and
200507, 26 June 2013; People v. delivery of the payment was intended,
Lucio, G.R. No. 191391, 19 June these do not prove consummated sale.
2013; People v. Resurreccion,
G.R. No. 188310, 13 June 2013; People v. Aguilar, G.R. No.
People v. Dumalag, G.R. No. 191396, 17 April 2013; People v.
180514, 17 April 2013; People v. Seraspe, G.R. No. 180919, 9
Aguilar, G.R. No. 191396, 17 January 2013.
April 2013; People v. Soriano,
G.R. No. 189843, 20 March 2013; When the accused is charged with
People v. Adrid, G.R. No. the sale of such drugs, the following
201845, 6 March 2013; People v. defenses cannot be set up:
Secreto, G.R. No. 198115, 22
February 2013; People v. Diwa, 1 That facilities for the commission
G.R. No. 194253, 27 February of the crime were intentionally
2013; People v. Tapere, G.R. No. placed in his way;
178065, 20 February 2013; 2 That the criminal act was done at
People v. Galido, G.R. No. the solicitation of the decoy or
192231, 13 February 2013; the poseur-buyer seeking to
People v. Alviz, G.R. No. 177158, expose his criminal act; or
6 February 2013; People v. That police authorities feigning
Manalao, G.R. No. 187496, 6 complicity in the act were
February 2013; People v. De present and apparently assisted
Jesus, G.R. No. 198794, 6 in its commission.
February 2013; People v.
Seraspe, G.R. No. 180919, 9 People v. Gonzales, G.R. No.
January 2013; People v. Hong 182417, 3 April 2013; People v.
Yeng E, G.R. No. 181826, 9 Lagos, G.R. No. 184658, 6 March
January 2013; People v. Somoza, 2013.
G.R. No. 197250, 17 July 2013;
People v. Blanco, G.R. No. To secure a conviction of the
193661, 14 August 2013; People accused of illegal sale of dangerous drugs,
v. Salonga, G.R. No. 194948, 2 the following elementsmust concur:
September 2013; People v.
Enriquez, G.R. No. 197550, 25 1 The transaction or sale took
September 2013; People v. place between the accused and
Monceda and Lai, G.R. No. the poseur buyer; and
176269, 13 November 2013; 2 The dangerous drugs subject of
People v. Spouses Gani, G.R. No. the transaction or sale is
198398, 27 November 2013; presented in court as evidence of
People v. Loks, G.R. No. 203433, the corpus delicti.
27 November 2013.
14
People v. Langcua, G.R. No. DANGEROUS DRUGS ACT: ILLEGAL
190343, 6 February 2013. POSSESSION OF DANGEROUS DRUGS
15
certainty, together with the fact that the include testimony about every link in the
same is not authorized by law. The chain, from the moment the item was
dangerous drug itself constitutes the very picked up to the time it was offered in
corpus delicti of the offense and the fact of evidence, in such a way that every person
its existence is vital to a judgment of who touched the exhibit would describe
conviction. Essential therefore in these how and from whom it was received, where
cases is that the identity of the prohibited it was and what happened to it while in the
drug be established beyond doubt. Be that witness possession, the condition in which
as it may, the mere fact of unauthorized it was received and the condition in which it
possession will not suffice to create in a was delivered to the next link in the chain.
reasonable mind the moral certainty These witnesses would then describe the
required to sustain a finding of guilt. More precautions taken to ensure that there had
than just the fact of possession, the fact been no change in the condition of the item
that the substance illegally possessed in the and no opportunity for someone not in the
first place is the same substance offered in chain to have possession of the same.
court as exhibit must also be established
with the same unwavering exactitude as Hence, every link the chain of
that requisite to make a finding of guilt. custody must not show any possibility of
tampering, alteration, or substitution. But, it
DANGEROUS DRUGS ACT: is accepted that a perfect chain is not the
TRANSPORTATION OF DANGEROUS standard.
DRUGS
Nevertheless, two crucial links must
People v. Laba, G.R. No. 199938, be complied with:
28 January 2013.
1. The seized illegal drug must be
Transport, as used under R.A. No. marked in the presence of the
9165, means to carry or convey from one accused and immediately upon
place to another. The essential element of confiscation; and
the charge is the movement of the 2. The turnover of the seized drugs
dangerous drug from one place to another. at every stagefrom
confiscation from the accused,
Appellant Laba was apprehended in transportation to the police
the airport, as he had intended to board a station, conveyance to the
certain flight with a substantial amount of chemistry lab, and presentation
shabu in his possession. While it may be to the courtmust be shown and
argued that Laba has yet to board the substantiated.
aircraft or travel, it cannot be denied that
his presence at the airport at that particular People v. Quesido, G.R. No.
instance is for the purpose of transporting 189351, 10 April 2013; People v.
or moving the dangerous drugs from one Langcua, G.R. No. 190343, 6
place to another. February 2013; People v.
Manalao, G.R. No. 187496, 6
DANGEROUS DRUGS ACT: CHAIN OF February 2013; People v.
CUSTODY RULE Spouses Oniza, G.R. No. 202709,
3 July 2013; People v. Clara, G.R.
People v. Abdul, G.R. No. No. 195528, 4 July 2013; People
186137, 26 June 2013; People v. v. Enriquez, G.R. No. 197550, 25
Rebotazo, G.R. No. 192913, 13 September 2013.
June 2013; People v. Adrid, G.R.
No. 201845, 6 March 2013; The prosecution must prove the
People v. Sadidia, G.R. No. following links in order to establish the
191263, 16 October 2013. chain of custody in a buy-bust operation:
16
2 The turnover of the illegal drug upon seizure of illegal drug items, the
seized by the apprehending apprehending team having initial custody of
officer to the investigating the drugs shall:
officer;
3 The turnover by the investigating 1. conduct a physical inventory of the
officer of the illegal drug to the drugs;
forensic chemist for laboratory 2. take photographs thereof;
examination; and 3. in the presence of the person from
4 The turnover and submission of whom these items were seized or
the marked illegally drug seized confiscated and;
by the forensic chemist to the 4. a representative from the media and
court. the Department of Justice and any
elected public official; and
People v. Lucio, G.R. No. 5. who shall all be required to sign the
191391, 19 June 2013; People v. inventory and be given copies
Dumalag, G.R. No. 180514, 17 thereof.
April 2013; People v. Aguilar,
G.R. No. 191396, 17 April 2013; People v. Somoza, G.R. No.
People v. Gonzales, G.R. No. 197250, 17 July 2013.
182417, 3 April 2013; Marquez v.
People, G.R. No. 197207, 13 "Marking" is the placing by the
March 2013; Sales v. People, apprehending officer of some distinguishing
G.R. No. 191023, 6 February signs with his/her initials and signature on
2013; People v. Langcua, G.R. the items seized. It helps ensure that the
No. 190343, 6 February 2013; dangerous drugs seized upon apprehension
People v. Manalao, G.R. No. are the same dangerous drugs subjected to
187496, 6 February 2013, inventory and photography when these
People v. Somoza, G.R. No. activities are undertaken at the police
197250, 17 July 2013; People v. station or at some other practicable venue
Enriquez, G.R. No. 197550, 25 rather than at the place of arrest.
September 2013; People v.
Castillo, G.R. No. 190180, 27 People v. Dumalag, G.R. No.
November 2013; People v. Loks, 180514, 17 April 2013; People v.
G.R. No. 203433, 27 November Somoza, G.R. No. 197250, 17
2013. July 2013; People v. Ocfemia,
G.R. No. 185383, 25 September
Failure to strictly comply with the 2013.
chain of custody rule under Section 21 of
R.A. No. 9165 will not render an arrest Consistency with the chain of
illegal or the items seized from the accused custody rule requires that the marking of
inadmissible in evidence. What is crucial is the seized itemsto truly ensure that they
that the integrity and evidentiary value of are the same items that enter the chain and
the seized items are preserved, for they will are eventually the ones offered in evidence
be used in determining the guilt or should be done:
innocence of the accused.
1 in the presence of the
Rontos v. People, G.R. No. apprehended violator; and
188024, 5 June 2013. 2 immediately upon confiscation.
In illegal drugs cases, the identity To be able to create a first link in the
and integrity of the drugs seized must be chain of custody then, what is required is
established with the same unwavering that the marking be made in the presence
exactitude as that required to arrive at a of the accused and upon immediate
finding of guilt. confiscation. Immediate confiscation has
no exact definition. Notably, previous
The chain of custody rule under R.A. jurisprudence has held that testimony that
No. 9165 is intended precisely to ensure the includes the marking of the seized items at
identity and integrity of the dangerous the police station and in the presence of the
drugs seized. This provision requires that accused is sufficient in showing compliance
17
with the rules on chain of custody. Marking
upon immediate confiscation contemplates The importance of the prompt
even marking at the nearest police station marking cannot be denied because
or office of the apprehending team. succeeding handlers of the dangerous
drugs or related items will use the marking
People v. Octavio, G.R. No. as reference. The marking also operates to
199219, 3 April 2013; People v. set apart as evidence the dangerous drugs
Calumbres, G.R. No. 194382, 10 or related items from other materials from
June 2013. the moment they are confiscated until they
are disposed of at the close of the criminal
To be admissible in evidence, the proceedings, thereby forestalling switching,
prosecution must be able to present planting, or contamination of evidence.
through records or testimony the Otherwise stated, the marking immediately
whereabouts of the dangerous drugs from upon confiscation or recovery of the
the time these were seized from the dangerous drugs or related items is
accused by the arresting officers, turned indispensable in preserving their integrity
over to the investigating officer, forwarded and evidentiary value.
to the laboratory for determination of their
composition, and up to the time these were People v. Adrid, G.R. No.
offered in evidence. 201845, 6 March 2013.
18
In the instant case, the Supreme confiscation to receipt in the forensic
Court found meritorious accused-appellant laboratory to safekeeping to presentation in
Secretos appeal. With the requirements of court for destruction.
the chain of custody rule not being
followed, the prosecution has the burden to Such record of movements and
prove that, despite this non-observance, custody of seized item shall include the
the integrity and evidentiary value of the identity and signature of the person who
seized items are nonetheless preserved. held temporary custody of the seized item,
the date and time when such transfer of
This was not done in this case. The custody was made in the course of
prosecution failed to show how SPO1 Pamor safekeeping and use in court as evidence,
had ensured the integrity of the seized and the final disposition.
items from time they had been entrusted to
him at the place of confiscation until the This rule requires that the admission
team had reached the police station, as well of an exhibit be preceded by evidence
as until he had handed them over to PO2 sufficient to support a finding that the
Lagmay for the marking of the sachets. The matter in question is what the proponent
prosecution did not likewise show to whom claims it to be. It would include testimony
the confiscated articles were turned over about every link in the chain, from the
and how they were preserved after the moment the item was picked up to the time
laboratory examination and until their final it is offered into evidence, in such a way
presentation in court as evidence of the that every person who touched the exhibit
corpus delicti. Clearly, these lapses raise would describe how and from whom it was
doubt on the integrity and identity of the received, where it was and what happened
drugs presented as evidence in court. to it while in the witness possession, the
condition in which it was received, and the
The prosecution also did not follow condition in which it was delivered to the
the proper marking of the seized evidence, next link in the chain. These witnesses
pursuant to the chain of custody rule. would then describe the precautions taken
Consistency with the chain of custody rule to ensure that there had been no change in
requires that the marking of the seized the condition of the item and no
itemsto truly ensure that they are the opportunity for someone not in the chain to
same items that enter the chain and are have possession of the same.
eventually the ones offered in evidence
should be done: People v. Nacua, G.R. No.
200165, 30 January 2013.
1 in the presence of the
apprehended violator; and Sale or possession of a dangerous
2 immediately upon confiscation. drug can never be proven without seizure
and identification of the prohibited drug. In
This step initiates the process of prosecutions involving narcotics, the
protecting innocent persons from dubious narcotic substance itself constitutes the
and concocted searches, and of protecting corpus delicti of the offense. The fact of its
as well the apprehending officers from existence is vital to sustain a judgment of
harassment suits based on planting of conviction beyond reasonable doubt.
evidence under Section 29 of R.A. No. 9165
and on allegations of robbery or theft. Of paramount importance in these
cases therefore is that the identity of the
People v. Alviz, G.R. No. 177158, dangerous drug be likewise established
6 February 2013; People v. beyond reasonable doubt.
Salonga, G.R. No. 194948, 2
September 2013. There must be strict compliance with
the prescribed measures to be observed
Chain of custody means the duly during and after the seizure of dangerous
recorded authorized movements and drugs and related paraphernalia, during the
custody of seized drugs or controlled custody and transfer thereof for
chemicals, or plant sources of dangerous examination, and at all times up to their
drugs, or laboratory equipment of each presentation in court. This is considering
stage, from the time of seizure or the unique characteristic of dangerous and
19
illegal drugsthat is, they are indistinct, not The failure to submit the required
readily identifiable, and easily susceptible physical inventory of the seized drugs and
to tampering, alteration, or substitution, the photograph, as well as the absence of a
either by accident or otherwise. member of the media or the DOJ, does not
make the arrest of the accused illegal or the
Relating thereto, previous seized items inadmissible in evidence. What
jurisprudence has settled that the marking is of utmost importance is that the integrity
of seized drugs must be done immediately and evidentiary value of the seized items
after they are seized from the accused. have been preserved. These characteristics
Marking after seizure is the starting point in would be utilized in determining the guilt or
the custodial link; thus, it is vital that the innocence of the accused.
seized contraband are immediately marked
because succeeding handlers of the People v. Spouses Oniza, G.R.
specimens will use the markings as No. 202709, 3 July 2013.
reference.
Section 21 of Republic Act No. 9165
Failure to do so suffices to rebut the prescribes certain procedures in keeping
presumption of regularity in the custody and disposition of seized dangerous
performance of official duties and raises drugs like the shabu that the police
reasonable doubt as to the authenticity of supposedly confiscated from the accused.
the corpus delicti. Compliance with the law, especially the
required physical inventory and photograph
Valleno v. People, G.R. No. of the seized drugs in the presence of the
192050, 9 January 2013; People accused, the media, and responsible
v. Somoza, G.R. No. 197250, 17 government functionaries, would be clear
July 2013; People v. Ocfemia, evidence that the police had carried out a
G.R. No. 185383, 25 September legitimate buy-bust operation.
2013; People v. Spouses Gani,
G.R. No. 198398, 27 November o0o
2013.
20