Persons and Family Relations 1 - Cases

CASES Ref. No. Recall Words Topic or Principle

I. BASIC PRINCIPLES IN CRIMNAL LAW
People vs Pabiona SCRA 301, June 30, 2004 CR1_001 Well Doctrine of Pro
Reo/Lenity Rule /
Equipoise Rule

People vs Dimanlanta 440 SCRA 55 October 1, CR1_002 Estafa-Jewelry Doctrine of Pro

2004 Consignment Reo/Lenity Rule /
Equipoise Rule

Magno vs CA 210 SCRA 471, June 26, 1992 CR1_003 Warranty Deposit Utilitarian Theory

II. THE REVISED PENAL CODE - BOOK ONE and RELATED SPECIAL PENAL LAWS
A. Article 2 - Territorial and Extra Territorial Jurisdiction
B. Article 3 - Felonies
People vs Delim, 396 SCRA 386, January 28, CR1_004 Brothers Intent to kill -
2003 Determining factors;
General criminal intent

Rivera vs People, 480 SCRA 188, January 25, CR1_005 Taxi driver Intent to kill -
2006 Determining factors
Recuerdo vs People, 493 SCRA 533, June 27, CR1_006 Estafa-Dentist Intent - General and
2006 specific criminal intent

US vs Ah Chong CR1_007 Accidental Mistake of fact - the act

stabbing would have been lawful
if fact has been known
correctly

Loney vs People, 482 SCRA 195, February 10, CR1_008 Mining Case of Mala in Se
2006 although it is Mala
Prohibita

Garcia vs CA, 484 SCRA 617, March 14, 2006 CR1_009 Election Absorption of Mala in
Se over Mala Prohibita

C. Article 4 - Proximate Cause Theory and Impossibility of Crime Doctrine

Consolidated Cases of Villareal vs People, CR1_010 Hazing Proximate Cause
GRA 151258, People vs CA, et. Al, GR 14954, Theory
Dizon vs People. GR 155101, Villa vs Escalona
II, GR 178057 & 178080, February 1, 2012

Garcia vs People, 597 SCRA 392, August 28, CR1_011 Mauling, Heart Practer Intentionem -
2009 attack Injury resulted more
than what was
intended
 Urbano vs IAC, 157 SCRA 1, January 7, 1988 CR1_012 Stabbing Proximate Cause
Theory and Efficient
Intervening Cause

Peple vs Villacorta , GR 186412, September 7, CR1_013 Stabbing, bamboo Proximate Cause

2011 Theory and Efficient
Intervening Cause

People vs Noel Sales, GR 177218, October 3, CR1_014 Father-son, wood, Proximate Cause
2011 coconut tree Theory, Prater
Intentionem

Intod Vs CA, 215 SCRA 52, October 12, 1992 CR1_015 Gun-peppered Impossibility of Crime -
house Physically and Factual
Impossibility

Jacinto vs People, 592 SCRA 426, July 13, CR1_016 Stealing of check Impossibility of Crime -
2009 Legally Impossibility

D. Article 6 Stages in the Commission of a Felony

People vs Lizada, 396 SCRA 62, January 24, CR1_017 Rape-Bros saw
2003
Baleros vs People, 483 SCRA 10, February 22, CR1_018 Rape-Chemical Directly by overt act;
2006 soaked cloth Indeterminate offense

People vs Labiaga, GR 202867, July 15, 2013 CR1_019 Frustrated or Murder - frustrated or
consummated consummated
murder
Error in Personae
Valenzuela vs People, GR 160188, June 21, CR1_020 Theft - Supersale Consummated theft
2007

People vs Quinanola, GR 126148, May 5, CR1_021 Frustrated and

1999 consummated rape
People vs Orande, 415 SCRA 699, November CR1_022 4 counts of rape; Frustrated and
12, 2003 Frustrated rape consummated rape
People vs Pareja, GR 188979, September 5, CR1_023 Rape-Neck- Attempted rape -
2012 Touching without touching without
inserting penetration, with intent
to penetrate
 People vs Reyes, GR 173307, July 17, 2013 CR1_024 Rape-Store- Consummated rape -
Concusion of labia concusion of labia
majora majora without
breaking of hymen

E. Article 8 - Conspiracy - Kinds and Distinctions

People vs Pagalasan, 404 SCRA 275, June 18, CR1_025 Kidnapping - 4
2003 concerted acts
 People vs Castillo, 425 SCRA 136, March 10, CR1_026 Kidnapping - maid
2004

People vs Larranaga, 421 SCRA 530, February CR1_027 Chiong Sisters

3, 2004
Fernan vs People, GR 145927, August 24, CR1_028
2007
People vs Garchitorena, 597 SCRA 420, CR1_029 Murder-
August 28, 2009 knocked,opened,
fired

People vs Carandang, GR 175926, July 6, 2011 CR1_030 Murder-close door

People vs Bokingco, GR 187536, August 10, CR1_031 Murder - "tara na

2011 patay na siya"

People vs Pondivida, GR 188969, February 27, CR1_032

2013
F. Article 9 - Felonies as to severity - Grave, Less Grave and Light Felonies
G. Articles 11 - Justifying Circumstances
People vs Gutierrez, GR 188602, February 4, CR1_033
2010
 People vs Regalario, 582 SCRA 738, March 31, CR1_034
2009
People vs Fontanilla, GR 177743, January 25, CR1_035
2012
Josue vs People, GR 199579, December 10, CR1_036
2012
Toledo vs People, 439 SCRA 94, September CR1_037
24, 2004
Relate to RA 9262, the Anti-Violence against CR1_038
Women and Children Act - The defense of
Battered Woman Syndrome

H. Article 12 - Exempting Circumstances; Relate to RA 9344 - The Juvenile Justice and Welfare Act
Madali vs People, 595 SCRA 274, August 4, CR1_039
2009
People vs Sarcia, 599 SCRA 20, September 10, CR1_040
2009
People vs Mantalaba, GR 186227, July 20, CR1_041
2011
People vs Agacer, GR 177750, January 7, 2013 CR1_042

People vs Baldogo, 396 SCRA 31, January 24, CR1_043

2003
Ty vs People, 439 SCRA 220, September 27, CR1_044
2004
I. Article 13 Mitigating Circumstances
Urbano vs People, 576 SCRA 826, January 20, CR1_045
2009
People vs Ignas, 412 SCRA 311, September CR1_046
30, 2003
J. Article 14 and 15 Aggravating Circumstances & Alternative Circumstances
People vs Nazareno, GR 196434, October 24, CR1_047
2012
People vs Tabarnero, GR 168169, February CR1_048
24, 2010
People vs Bokingco, GR 187536, August 10, CR1_049
2011
People vs Vilbar, GR 186541, February 1, 2012 CR1_050

People vs Dearo, GR 190862, October 9, 2013 CR1_051

Instigating vs Entrapment CR1_052

People vs Naelga, 599 SCRA 477, September
11, 2009
 Relate to: PD 1866 as Amended by RA 8294 CR1_053
Illegal Possession of Firearms, Section 1

Relate to: RA 9165 Comprehensive

Dangerous Drugs Act, Section 25

K. Articles 16, 17, 18, 19 & 20 - Persons Criminally Liable for Felonies
Relate to: PD 1612 The Anti-Fencing Law; PD CR1_054
1829 Obstruction of Justice
People vs Dulay, GR 193854, September 24, CR1_055
2012
People vs Gamboa, et. Al, GR 172707, CR1_056
October 1, 2013
Ong vs People, GR 190475, April 10, 2013 CR1_057
People vs Dimat, GR 181184, January 25, CR1_058
2012
I. Articles 21-88
Relate to 9346 - Prohibiting the Death Penalty
Imposition
Act 4103 The Indeterminate Sentence Law
PD 968 The Probation Law as amended

People vs Nelmida, GR 184500, September CR1_059

11, 2012
People vs Punzalan, GR 199892, December CR1_060
10, 2012
People vs Quiachon, GR 170236, August 31, CR1_061
2006
People vs Salome, GR 169077, August 31, CR1_062
2006
Colinares vs People, GR 182748, December CR1_063
13, 2011
M. Articles 89-113
People vs Bayot, GR 200030, April 18, 2012 CR1_064

People vs Amistoso, GR 2011447, August 28, CR1_065

2013
People vs Bautista, GR 168641, April 27, 2007 CR1_066

Abellana vs People, GR 174654, August 17, CR1_067

2011
People vs Pangilinan, GR 152552, June 13, CR1_068
2012
Issues Laws Arguments-Petitioner Arguments-Respondent
WON the accused-
appellant is guilty
of QUALIFIED RAPE
 1. WON Baleros
has established
beyond reasonable
doubt the crime of
attempted rape. 2.
WON the act of
Baleros, i.e., the
pressing of a
chemical-soaked
cloth while on top
of Malou,
constitutes an
overt act of rape.

WON Frustrated or Art. 6. Defense: Labiaga claims self- Prosecution: Gregorio Conde
Attempted murder Consummated, defence. Greg, armed with was home with daughters
was committed frustrated, and shotgun, challenged him to fight. Judy and Glenelyn, he
against Gregorio attempted felonies. Greg tried to shoot but gun stepped outside. Labiaga, 5
Conde Consummated jammed. Labiaga tried to take the meters away from Gregorio,
felonies as well as gun, gun accidentally fired. shot the latter. Greg called
those which are Labiaga claims he did not know if Judy. Judy and Glenelyn
frustrated and anyone was hit. Demapanag rushed to Greg. Labiaga shot
attempted, are claims he was in D&D rice mill, 14 Judy in abdomen. The two
punishable. km away from crime scene, other accused were standing
corroborated by his brother behind Labiaga. Labiaga said,
Frederick. Shes already dead, the
three fled the scene. Judy
pronounced dead at Sara
District hospital, Greg fully
recovered.
ISSUE: WON, under Guilty of frustrated theft only, not Consummated theft
the given facts, the consummated theft.
theft should be
deemed as
consummated or
merely
frustrated.

WON frustrated Raped Alibi - ill motive on part of the

rape has been "uncle" of complainant" and
committed (even if insufficient identification.
the medico legal
suggests that
Catalina did not
sustain any
extragenital
injuries and her
hymenal orifice is
still intact)
WONthe Court Raped
erred in finding
accused-appellant
guilty beyond
reasonable doubt
of one count of
statutory rape, one
count of frustrated
rape and two
counts of simple
rape.
Denial and alibi - driving
pedicab, with live-in partner;
Apelant argue that Jessica
disapprove of relationship;
improbability - will alarm
siblings; Jessica's failure to cry
for help - relatives are in the
same house.
WON the touching Article 6 of the RPC Raped No rape since there is no
of the appellant's that there is an slightest penetration of his
penis of the attempt when the penis into the victim's vagina
victim's private offender
part amount to commenced the
carnal knowledge commission of the
such that the crime directly by
appellant should overt acts but does
be held guilty of not perform all the
consummated acts of execution by
rape? reason of some
cause or accident
other than his own
spontaneous
desistance.
WON Slightest Art. 6 - Stages in Raped No rape since there is no
penetration of the Commiting Felony breaking of hymen
labia of the female
victim's genitalia Art. 335 - Rape
consummates the
crime of rape.
Qualified
Kidnapping and
Serious Illegal
Detention
CD-RTC CD-CA
4 counts of Qualified Rape; with death
sentence penalty on each count
Guilty beyond reasonable doubt of the Decision of RTC AFFIRMED
crime attempted rape

Murder of Judy Conde and Frustrated Same, adding moral

murder of Gregorio Conde damages
QC guilty of consummated theft AFFIRM

The court finds the accused guilty

beyond reasonable doubt of frustrated
rape, imposing each
accused the penalty of reclusion
perpetua
4 counts of rape (2 counts of
simple rape, 1 statutory
rape, 1 frustrated rape)
Consummated rape Same -Consummated rape
Guilty of Rape and sentenced to Same
reclusion perpetua.

Under Article 335 of the RPC, rape is

committed by having carnal knowledge
of a woman under any of the following
circumstances: (1) by using force or
intimidation: (2) when the woman is
deprived of reason or otherwise
unconscious: and (3) when the woman is
under 12 years of age or is demented. As
expressly provided for in the said article,
the breaking of the hymen is not among
the circumstance by which rape is
committed. By definition, carnal
knowledge is the act of a man having
sexual bodily connections with a woman.
From this, one may infer that rape is
consummated even with the slightest
penetration of the female genitalia. In
this case, penetration was justified by
the medical finding that the labia majora
is found to be swelling upon examination
which is an indication that the erect
penis of the accused penetrated the
private petitioner's genitalia. Also, in the
case of People v. Teodoro and as quoted,
"All that is necessary to reach the
consummated stage of rape is for the
penis of the accused capable of
consummating the sexual act to come
into contact with the lips of the
pudendum of the victim."
Qualified Kidnapping and Serious Illegal
Detention -with death penalty
CD-SC F-Who
3 counts of simple rape (Criminal Case No.
99-171390, 99-171392, 99-171393);
penalty
of reclusion perpetua on each count
Attempted Rape for Criminal Case No. 99-
171391

The prosecution was able to prove that the

victim was repeatedly sexually abused by
the accused-appellant. The private
complainant being of tender age, it is
possible that the
Decisions of RTC and CA are REVERSED Appelle -
and SET ASIDE. However, Baleros is GUILTY Marvilou Bebania
of light coercion. (Malou) was a
medical student
of UST

Attempted Murder for Gregorio Conde

For Judy Conde - same but increased the

civil and moral damages.
PETITION DENIED Petitioner - Rodel
Montesa
HELD: Theft in the case at bar is deemed
consummated. Theft is produced when Respondent -
there is Solicitor General
deprivation of personal property due to its
taking by one with intent to gain. Unlawful
taking is the element which produces the
felony in its consummated stage.
Furthermore, recognizing that the
elements which constitute a theft as
provided for in art. 308 of RPC, were all
established that there be taking be
accomplished without the use of violence
or intimidation of persons or force upon
things, it cannot be denied that the
petitioner is guilty of consummated theft.
These being said, theft cannot have a
frustrated stage. Theft can only be
attempted or consummated.

Yes, the two are guilty beyond reasonable Plaintiff -

doubt but of two counts of consummated Appellee -
rape and not of frustrated rape. the Caralina Carciller
Revised Penal Code presently so stands,
there is no such crime as frustrated rape. Accussed
In People vs. Orita, the Court has explicitly Appellant - Peto
pronounced: Clearly, in the crime of rape, or Agapito
from the moment the offender has carnal Quinanola;
knowledge of his victim, he actually attains Eduardo
his purpose and, from that moment also Escauadro or
all the essential elements of the offense Botiquil
have been accomplished. Nothing more is
left to be done by the offender, because he
has performed the last act necessary to
produce the crime. Thus, the felony is
consummated.
The Supreme Court held that the Plaintiff-Appellee
prosecution was able to prove beyond - Jessica Castro,
reasonable doubt minor under 12
appellants guilt for two counts of y/o
statutory rape and two counts of simple
rape, there being no such crime as Accused-
frustrated rape in this jurisdiction. Appellant -
Orande
- No young woman would allow an
examination of her private part and
subject herself to the humiliation and rigor
of a public trial if the accusations were not
true, or if her motive were other than a
fervent desire to seek justice.
- The court also held that rape can be
committed in the same room where other
members of the family are also sleeping, in
a house where there are other occupants.
- Delay in reporting the crime does not
necessarily detract from the witness
credibility as long as it's satisfactorily
explained.
Attempted rape Plaintiff-Appellee
- People of
The court ruled to other similar cases, that Philippines
when the "touching" of the vagina by the
penis is coupled with the intent to Accused-
penetrate, attempted rape is committed; Appellant -
otherwise, the crime committed is merely Christopher
acts of lasciviousness. Pareja

In fact, the victim confirmed on cross-

examination that the appellant did not
succeed in inserting his penis into her
vagina. The court modified the decision of
RTC and CA. Therefore, the court convicted
the appellant guilty of crime attempted
rape and not consummated rape.
Same Plaintiff-Appellee
- People of
Affirmed decisions of RTC and CA with Philippines
modification as to civil indemnity (50,000),
moral damages (50,000), and exemplary Accused-
damages (30,000) plus 6% interest per Appellant -
annum from finality of this decision. Victorino Reyes
Appellant -
Elizabeth Castillo
(principal),
Evangeline
Padayhag (co-
principal) and
Imelda Castillo
Wenceslao
(accessory)

Appellee -
Solicitor General

Kidnapped-
"Rocky" or
Horacio Cebrero
IV (6 years old)

Parents - Luis
Cabrero and
Sandra Cabrero
F-What F-Where F-When Other Notes
Malous testimony: December 13, 1991 at 1:50 a.m. Unit 307 December 13,
Baleros went inside Malous room and forcefully (with her 1991 at 1:50
covered her face with a chemical-soaked cloth with maid) in the a.m
dizzying effects and willfully, unlawfully and Celestial
feloniously commenced the commission of rape by Marie
lying on top of her. When she got away from Baleros, Building
she called the Security Guard Ferolin and reported along A.H.
the incident however she did not know who attacked Lacson Street
her. However, she suspected Baleros because they in 1991.
were friends in medical school, when Baleros
confessed his feelings for her, she rejected him.

S/G Ferolins testimony: While he was on duty,

Baleros arrived at 1:30 a.m. (on Dec, 13, 1991).
Baleros was wearing a white shirt with a marking and
the words 1946 UST Medicine and Surgery) and a
black shorts with the brand name Adidas. Ferolin
allowed Baleros to enter the building without
authorization from the buildings tenant.

On the night of December 12, 1991 he attended a

Christmas gathering along with Robert Chan and
Albert Leonardo who were likewise members of the
Tau Sigma Phi Fraternity. Before proceeding to the
party, he came from Celestial Marie Building (where
he left his gray traveling bag at Rm. 306) wearing a
barong tagalog, dark pants and leather shoes. Baleros
returned to the building at 1:30 am wearing a Tau
Sigma Phi shirt (lent by Perla Duran) because he got
dunked in the pool during the party. He went to
Room 306, changed to a thinner shirt and went to
bed. Forensic Chemist Carmelita Vargas who
conducted a laboratory experiment found out that
two of the items in the gray bag contained
chloroform, a volatile poison (being volatile, it
evaporates in 30 seconds without tearing nor staining
the cloth on which it is applied).
Regie Labiaga charged with 2 cases: Murder (of Judy
Conde) with use of Unlicensed firearm and Frustrated
murder (of Gregorio Conde) with use of unlicensed
firearm. He was charged along with Balatong
Barcenas (at large) and Cristy Demapanag (acquitted
for lack of evidence). RTC convicts Labiaga for both
charges (no moral damages). CA affirms with
modification (add moral damages).
Outside Super Sale Club, super market outside SM Super Sale May 19, 1994
North, security guard at the open parking area saw Club- outside at 4:30 PM
Valenzuela er wearing ID as Receiving Dispatching SM North
Unit, hauling a push card with cased of Tide
detergent.Another set of boxes with Tide Ultramatic.
Calderon was waiting the parking area, held taxi -
loaded and boarded vehicle.

Security guard, Lago, asked Valenzuela for receipt.

Petitioner and Calderon fleed, and guard fired
warning shot to alert fellow guards. Petitioner and
Calderon were apprehended.

Dance at 10 pm - Appellee - 15 y/o and 4 mos -with Cebu November 9,

male cousin and another with male companion; 1978
Appellants announced that they are NPA; Escuadro
took care of male companion-urinated - both were
able to escape

Quinanola held Appellee at gunpoint; heard gunshot;

walked behind school; Escuadro undressed appellant,
held her legs; Quinanola unzipped his pants and laid
on top of her, then started push and pull; Catalina felt
organ on hips of her genetalia; Escuadro next - push
and pull movement; Quinanola stood by and kept
smoking cigarrete. Catalina - scampered-went home;
parents learned and reported rape.

Medical report - hymenal orifice was so small as to

preclude complete penetration of an average size
adult penis in erection without producing laceration
1st -Apr 1994 - Appellant is common law husband of Manila 1994 to 1996
her mother, Girlie. Girlie was selling fish (late night
and sometimes early morning); 2 siblings sleeping.
Appellant (armed with a knife) grabbed Jessica's
hand, ordered her to undress, appellant removed his
pants and placed on top of her. Partially penetrated
her - Jessica felt no pain but saw smeared blood and
semen (9 y/o and 4 mos).

2nd - Mar 1995 - 11am - 11 y/o and 3 mos - appellant

sent 2 siblings to play outside. Appellant with
balisong, ordered Jessica to undress, lie down,
mounted her, reached orgasm shortly after slight
penetration; stood up with semen dripping down,
knelt and kissed vagina and mashed breast; stopped -
someone knocked door; Jessica washed herself

3rd - Jan 1996 - 12 y/o and 6 mos - 11 am -from

school - Appellant ordered siblings to visit mother in
Paco Market - armed-ordered to undress - kissed and
fingered vagina, mashed her breast, top of her,
partially penetrated, ejaculated; siblings arrived;
bloodstained panty

4th - Nov 1996 - 11pm - asleep - Jessica refused -

might get pregnant - balisong - covered with blanket -
slightly penetrated

March 1997 - teacher, Mrs Adoracion, noticed

unusual treatment of appellant; Jessica admitted.
Teacher called aunt - filed case.
Genital examination: Hyment estrogenized, health
hymenal tear.
At 3:30 AM, AAA was sleeping beside her 2 y/o Mandaluyong June 16, 2003
nephew BBB on the floor of her sister's room, when
appellant hugged and kissed her nape and neck. AAA
cried but appellant covered her and BBB with
blanket; Appellant removed AAA's clothes and
underwear, undressed himself-shorts and brief, went
on top of AAA. Appellant parted AAA's legs with his
legs and tried to insert his penis but stopped as AAA's
cries got louder. Appellant threatened to kill AAA.

At 6am, CCC (AAA's bro) saw AAA crying. AAA went to

DDD (older sister) and told her the story. Filed rape
case.

AAA confirmed on cross examination that the

appellant did not succeed in inserting his penis into
her vagina.
Reyes appeals his conviction for the rape of his 13- Rosales, December 26,
year-old neighbor AAA, the RTC (April 23, 2001) and Pangasinan 1996
CA (April 20, 2006).

AAA and her 9 y/o sister, BBB, were watching TV at

Reyes' house. At 9pm when they were about to go
home, Reyes pulled AAA inside the store and BBB was
left outside. Reyes kissed & mashed the breast of
AAA; pulled down her pants and underwear; was
able to thrust his penis and make push and pull
movements. Reyes threatened to kill AAA and BB if
they would tell anybody.
March 1, 1995
- Rosanna Baria (victim's yaya) and Femie(another
housemaid), bathed and prepared Rocky (victim). The
parents advised Baria that someone would fetch
Rocky. At 8:00 am, a tricycle arrived and on-board
was Evangeline Padayhag (accused co-principal). They
went to a nearby Mcdonald's and joined by Elizabeth
Castillo (principal).
-5:30 PM - Luis Cabrero arrived home from work. DJ
(other son) informed him that Rocky did not attend
school. Baria said that Rocky was fetched by a woman
to attend a birthday party. Mr. Cabrero went to police
station and report his missing son.
-7:30 PM - A woman called asking for the ATM in
exchange of his son.

March 2, 1995 - A woman called asking for 1 million

pesos. Mr. Cabrero said he doesn't have that money.

March 3, 1995 - No call. Mr. Cabrero as his wife to

raise money and was able to withdrew P800,000. The
bank provided the serial nos. of the money.

March 4, 1995, 9:30 PM - The woman called again

and asked for the ransom. Mr. Cabrero said he only
has half. The woman agreed and instructed them to
be in Paco, Obando, Bulacan at 2AM.