CRIMINAL LAW ICASE DIGESTS

ARTICLE IV: IMPOSSIBLE CRIMES

PEOPLE VS. DOMASIAN

FACTS:
Ponente: Justice Cruz, 1993
Petitioner:Pablito Domasian – the kidnapper
Dr. Samson Tan – a resident physician in the hospital owned by Enrico’s father.
Respondent: People of the Philippines, Solicitor-General
Victim:Enrico Paulo Agra
Witnesses:
Enrico Agra
Tirso Ferreras – Enrico’s Classmate
Alexander Grate – Tricycle Driver where Agra and Domasian rode, he speculated that the latterwas a
kidnapper and reported the incident to the tanods.Events:

Enrico was walking with a classmate when a man, Domasian, approached him and asked for his
assistance in getting his father’s signature on a medical cert
ificate. Enrico agreed and rode withhim in a tricycle.

Enrico became apprehensive when instead of going to the hospital; he was forced by petitionerinside a
mini-bus, holding him firmly all the while.

They rode another tricycle and alighted from where they walked in a market.

Domasian talked to a jeepney driver and handed a letter address to Dr. Enrique Agra, the boy’s
father.

They then boarded the tricycle of Grate, which aroused his the latter’s suspicion and reported
the incident to the barangay tanods, together with Grate, they went after Domasian and Enrico.They were
able to recover Enrico, Domasian escaped.

Afternoon of that day, a ransom note arrived to Dr. Agra, asking for 1 million pesos in exchangeof his
son, Enrico, who was able to return home earlier that day, after having been recoveredfrom Domasian.

Dr. Agra identified the handwriting in the letter as Dr. Tan’s, and this was confirmed by an
investigation made by the NBI.

Filling of the Case:

Regional Trial Court convicted Domasian and Tan of KidnappingISSUES:

Convictions of Reclusion Perpetua are subject to review by the Supreme Court.

Domasian petitions that he was forced to confess the crime in violation of his constitutional rights.

Tan petitions that his act of crime, if indeed proven, only constituted an impossible crime.

ISSUE: W/N the act committed by Dr. Tan constitutes an Impossible Crime.

RULING:
The decision of the Regional Trial Court was affirmed.

Article 4 Section 2 of the Revised Penal Code States:Criminal Liability shall be incurred:b. By a person
committing an act which would be an offense against persons or property, were itnot for the inherent
impossibility of its accomplishment, or on account of the employment of inadequate or ineffectual means.

On the matter of Conspiracy

: the acts done by Domasian and Tan were complementary to eachother. Kidnapping of Enrico by
Domasian, and Ransom note of Tan, with one end goal in mind,which is, the ransom of 1 million pesos
from Dr. Agra.

Court held that even before the ransom note was received, the crime of kidnapping with serious illegal
detention had already been committed.

The delivery of the ransom note after the rescue of the victim did not extinguish the offense,which had
already been consummated when Domasian deprived Enrico of his liberty.