Académique Documents
Professionnel Documents
Culture Documents
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No intervention of a foreign or extraneous There is such intervention and the offender
cause or agency between the beginning of the does not arrive at the point of performing all of
commission of the crime and the moment when the acts which should produce the crime. He is
all of the acts have been performed which stopped short of that point by some cause apart
should result in the consummated crime. from his voluntary desistance.
Subjective phase is completely passed. Never passes the subjective phase of the
offense.
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· SUBJECTIVE PHASE – between the act which begins the commission of the crime and the last act
performed by the offender. Period which the offender has control. From that time forward the phase is
OBJECTIVE.
· Case is frustrated.
· Penalty – 13 years of cadena temporal there being neither aggravating nor mitigating circumstance.
Facts:
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- A petition for review of the decision of the Court of the Appeals wherein the same court
affirmed with modifications, the Decision of the RTC of Cavite, in the criminal case
involving Esmeraldo and his two brothers Ismael and Edgardo Rivera and founding them
guilty of attempted murder of one Ruben Rodil
- At noon of May 2, 1998, Ruben went to a nearby store to buy food. Edgardo mocked
him for being jobless and dependent on his wife for support. Ruben resented the rebuke
and hurled invectives at Edgardo. A heated exchange of words ensued.
- On the subsequent day, May 3, 1998. Ruben, together with his 3 year old daughter, went
to the store to buy food and look for his wife when He was immediately attacked the
petitioners who emerged from their house and mauled Ruben with fist blows that resulted
with him falling to the ground
- From that helpless position, Edgardo hit Ruben three times with a hollow block on the
parietal area and the other two Rivera brothers continued mauling Ruben
- People who saw the incident shouted: Awatin sila! Awatin sila! Ruben felt dizzy but
managed to stand up. Ismael threw a stone at him, hitting him at the back. When
policemen on board a mobile car arrived, Esmeraldo, Ismael and Edgardo fled to their
house and Ruben was immediately brought to the hospital.
- His attending physician, Dr. Lamberto Cagingin, Jr., signed a medical certificate in
which he declared that Ruben sustained lacerated wounds on the parietal area, cerebral
concussion or contusion, hematoma on the left upper buttocks, multiple abrasions on the
left shoulder and hematoma periorbital left. The doctor declared that the lacerated wound
in the parietal area was slight and superficial and would heal from one to seven days.
- The accused and their witness gave their respective testimonies which the RTC gave no
credence and they were found guilty of frustrated murder.
- Subsequently, the accused appealed to the CA which rendered the judgement, affirming,
with modification, the appealed decision. The Decision was modified from frustrated
murder to attempted murder.
- The accused then, raised the Decision in the Supreme Court
Issue(s):
1. WON there is intent to kill on the part of the accused
2. WON t he accused are only liable for physical injuries based on the testimony of the
attending physician, Dr. Cagigin.
3. WON there is treachery
Ruling:
1. Yes, the Supreme Court held that the intent to kill is presumed even though the wounds
sustained by the victim were merely superficial and could not have produced his death.
The head wounds sustained by the victim were merely superficial and could not have
produced his death does not negate petitioners criminal liability for attempted murder.
Even if Edgardo did not hit the victim squarely on the head, petitioners are still criminally
liable for attempted murder.
2. No, the CA was correct when they found the accused guilty of attempted murder. Since
based on the last paragraph Art. 6 of the RPC, There is an attempt when the offender
commences the commission of a felony directly by overt acts, and does not perform all
the acts of execution which should produce the felony by reason of some cause or
accident other than his own spontaneous desistance. In the case at bar, petitioners, who
acted in concert, commenced the felony of murder by mauling the victim and hitting him
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three times with a hollow block; they narrowly missed hitting the middle portion of his
head. If Edgardo had done so, Ruben would surely have died.
3. Yes, since Ruben had no chance to defend himself and retaliate. He was overwhelmed by
the synchronized assault of the three siblings. The essence of treachery is the sudden and
unexpected attack on the victim. Even if the attack is frontal but is sudden and
unexpected, giving no opportunity for the victim to repel it or defend himself, there
would be treachery. Obviously, petitioners assaulted the victim because of the altercation
between him and petitioner Edgardo Rivera a day before. There being conspiracy by and
among petitioners, treachery is considered against all of them
Facts:
- May 19, 1994 4:30 pm: Aristotel Valenzuela and Jovy Calderon were sighted outside the Super
Sale Club, a supermarket within the ShoeMart (SM) complex along North EDSA, by Lorenzo
Lago, a security guard who was then manning his post at the open parking area of the
supermarket
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- Lago saw Valenzuela, who was wearing an ID with the mark “Receiving Dispatching Unit
(RDU)” who hauled a push cart with cases of detergent of “Tide” brand and unloaded them in an
open parking space, where Calderon was waiting
- He then returned thereafter from the supermarket and came back more cartons of Tide again
unloaded these boxes to the same area in the open parking space.
- He then left the parking area and called a taxi.
- He boarded the cab and directed it towards the parking space where Calderon was waiting.
Calderon loaded the cartons of Tide Ultramatic inside the taxi, then boarded the vehicle.
- Lago watched them, he proceeded to stop the taxi as it was leaving the open parking area and
asked Valenzuela for a receipt of the merchandise but Valenzuela and Calderon reacted by
running on foot.
- Lago fired a warning shot to alert his fellow security guards.
- Valenzuela and Calderon were apprehended at the scene and the stolen merchandise recovered
worth P12,090.
- Valenzuela, Calderon and 4 other persons were first brought to the SM security office before
they were transferred to the Baler Station II of the Philippine National Police but only Valenzuela
and Calderon were charged with theft by the Assistant City Prosecutor
- During the arraignment at the RTC of Quezon City, they both pleaded not guilty.
- Calderon’s Alibi: On the afternoon of the incident, he was at the Super Sale Club to withdraw
from his ATM account, accompanied by his neighbor, Leoncio Rosulada. As the queue for the
ATM was long, he and Rosulada decided to buy snacks inside the supermarket. While they were
eating, they heard the gunshot fired by Lago, so they went out to check what was transpiring and
when they did, they were suddenly grabbed by a security guard
- Valenzuela’s Alibi: He is employed as a “bundler” of GMS Marketing and assigned at the
supermarket. He and his cousin, a Gregorio Valenzuela, had been at the parking lot, walking
beside the nearby BLISS complex and headed to ride a tricycle going to Pag-asa, when they saw
the security guard Lago fire a shot causing evryon to start running. Then they were apprehended
by Lago.
- RTC: guilty of consummated theft
- Both accused filed a notice of appeal but only Valenzuela filed a brief with the CA, causing the
appeal of Calderon as abandoned and dismissed.
- CA: Confirmed RTC and rejected his contention that it should only be frustrated theft since at the
time he was apprehended, he was never placed in a position to freely dispose of the articles
stolen.
Issue:
- WON Valenzuela should be guilty of consummated theft.
Ruling:
- Yes, Valenzuela is guilty of consummated theft.
- Article 6 defines those three stages, namely the consummated, frustrated and attempted felonies.
- A felony is consummated “when all the elements necessary for its execution and accomplishment
are present.”
- Each felony under the Revised Penal Code has a subjective phase “ortion of the acts constituting
the crime included between the act which begins the commission of the crime and the last act
performed by the offender which, with prior acts, should result in the consummated crime”.
- If the offender never passes the subjective phase of the offense, the crime is merely attempted.
- Subjective phase is completely passed in case of frustrated crimes.
- Article 308 of the Revised Penal Code (Elements of Theft):
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1. that there be taking of personal property - only one operative act of execution by the
actor involved in theft
2. property belongs to another
3. taking be done with intent to gain - descriptive circumstances
4. taking be done without the consent of the owner - descriptive circumstances
5. taking be accomplished without the use of violence against or intimidation of persons or
force upon
- We are satisfied beyond reasonable doubt that the taking by the petitioner was completed in this
case. With intent to gain, he acquired physical possession of the stolen cases of detergent for a
considerable period of time that he was able to drop these off at a spot in the parking lot, and long
enough to load these onto a taxicab.
- Article 308 of the Revised Penal Code, theft cannot have a frustrated stage. Theft can only be
attempted (no unlawful taking) or consummated (there is unlawful taking).
- Hence, Valuenzuela is guilty of Consummated theft and not frustrated theft.
Issue:
Whether or not Aurelio Lamahang is guilty of attempted robbery.
Ruling:
No, the accused is not guilty of attempted robbery rather, attempted trespass to dwelling since
when the offense is not fully consummated, the nature of the action intended cannot clearly be
ascertained. According to Article 280 of the Revised Penal Code, trespassing is committed when a person
forced its way through a private dwelling of an individual without the consent of the latter.
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FACTS:
An american named Harry H. Mooney, a resident of Calubian, Leyte, contracted with one Juan Lawaan
for the construction of a fish corral. Basilio Borinaga was associated with Lawaan in the construction of
the corral. On March 4, 1929, Lawasan with his men, went to Mooney's shop to collect the whole amount
fixed by the contract, notwithstanding two-thirds of the fish corral had been finished. Mooney refused to
pay and Lawaan warned him that if he did not pay, something would happen to him.
On the evening, Mooney was in the store of a neighbor Perpetua when Basilio from the window strike a
knife at Mooney but fortunately the knife lodged in the back of the chair. Borinaga ran away towards the
market place. But Borinaga was persistent, ten minutes after the first attack, he returned, knife in hand, to
renew it, but was unable to do so because Mooney and Perpetua were then on their guard and turned a
flashlight on Borinaga, frightening him away.
ISSUE:
Whether or not the facts constitute frustrated murder or attempted murder within the meaning of Article 3
of the Penal Code
HELD:
Yes. The crime committed was that of frustrated murder. This is true notwithstanding the admitted fact
that Mooney was not injured in the least. The essential condition of a frustrated crime, Borinaga
performed all the acts of execution, attended the attack. Nothing remained to be done to accomplish the
work of the assailant completely. The cause resulting in the failure of the attack arose by reason of forces
independent of the will of the perpetrator. The assailant voluntarily desisted from further acts. What is
known as the subjective phase of the criminal act was passed.
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Prior to the three crimes, the appellant Marcelo Kalalo and Isabela Holgado had a litigation over a
parcel of land situated in the barrio of Calumpang of the municipality of San Luis, Province of Batangas.
On September 28, 1931 and on December 8th of the same year, Marcelo Kalalo filed a complaint against
the said woman in the Court of First Instance of Batangas. Marcelo Kalalo cultivated the land in question
during the agricultural years 1931 and 1932, but when harvest time came Isabela Holgado reaped all that
had been planted thereon.
On October 1, 1932, Isabela Holgado and her brother Arcadio Holgado, decided to order the
aforesaid land plowed, and employed several laborers for that purpose. Marcelo Kalalo proceeded to the
place accompanied by his brothers Felipe and Juan Kulalo, his brother-in-law Gregorio Ramos and by
Alejandro Garcia, who were later followed by his mother Fausta Abrenica and his aunt Alipia Abrenica.
The first five were all armed with bolos, they ordered those who were plowing to stop.
Marcelino Panaligan, cousin of Isabela and Arcadio arrived. Having been informed of the said
suspension of the work, Marcelino Panaligan ordered said Arcadio and other laborers to again hitch their
respective carabaos to continue the work already began. At this juncture, Marcelo Kalalo approached
Arcadio and the other appellants approached Marcelino Panaligan. At the remark of Fausta Abrenica, they
all simultaneously struck with their bolos. Arcadio Hodalgo and Marcelino Panaligan died instantly from
the wounds received by them. The plowmen hired by Arcadio and Isabela all ran away.
ISSUE:
Whether or not the sentences of the appellants are in accordance with the law
HELD:
The Attorney General maintains that they are guilty of murder in view of the presence of the qualifying
circumstance of abuse of superior strength in the commission of the acts to which the said two cases
particularly refer. The trial court was of the opinion that they are guilty of simple homicide but with
aggravating circumstance of abuse of superior strength.
Court is of the opinion that the acts established in cases Nos. 6858 and 6859, merely constitute two
homicides, with no modifying circumstance to be taken into consideration because none has been proved.
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As to case No. 6860, the acts committed by the said appellant Marcelo Kalalo constitute attempted
homicide with no modifying circumstance to be taken into consideration, because none has been
established.
Facts:
- Lolito SORIANOwas a fish dealer in Davao City
- His helpers were TAN a driver, and LAROA.
- January 19, 1983, they went to Butuan to sell fish using a Ford Fiera
- Jan. 20, Soriano went to Buenavista along with LAROA and one COMENDADOR.
- TAN was left behind in Butuan to dispose the remaining fish left at the market.
- He however, followed them later in the morning.
- TRINIDAD, a member of the Integrated Police Unit assigned at Nasipit Station, asked for a ride
to Bayugan, which was on the way to Davao. He was wearing a uniform and had 2 guns (carbine
and side arm)
- SORIANO, LAROA, TAN and TRINIDAD left butuan 5:20 pm of Jan. 20.
- Tan was drivng the car and seated to his right were SORIANO, LAROA TRINIDAD,
respectively.
- When they reached the strech of El Rio and Afga, TRINIDAD told them to slow down because
the road was dangerous.
- All of a sudden TAN heard 2 gun shots, SORIANO and LAROA were dead.
- TAN did not saw the shooting of LAROA but because he was alerted by the first shot, he saw
shooting on SORIANO. Both were shot in the head.
- He then jumped out of the FIERA and ran towards the direction of Butuan and hid in the bushes.
- He heard a shot coming from the Fiera.
- When a jeep came by, he ran towards the jeep and rode in while seating in front, he noticed that
Trinidad was also in the same jeep seating at the back side.
- When he was seen by Trinidad, he was ordered by the latter to go down the jeep, however, they
ended up running around the jeepney.
- When the driver started to move the jeep, he was able to clung towards the side of the jeep which
prompted Trinidad to shoot him which resulted to his injury in his thigh.
- When another jeepney passed by, he jumped unto it but the passengers didnt want him there
because they dont want to get involved.
- Tan crawled until a P.C. chanced upon him and helped him board a bus going to BUTUAN.
- TRINIDAD’s alibi: he was at Cagayan De Oro during the time of the incident. He reported to
work on Jan 19 but asked for a day off because the next day was his birthday. He took a bus
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going to CDO and arrived there at 8:00 pm and went to his sister’s house at Camp Alagar to get
his subsistence allowance as his sister is working at the Financial Section. He further claimed that
he left CDO the following day around 6:00 PM and went to his house directly to get his service
carbine. He was on his way to Nasipit to report for duty on Jan 21 when he was arrested around
6:00 pm at Buenavista.
- RTC Bayugan, Agusan Del Sur, held him guilty for 2 counts of murder and frustrated murder.
Issue:
- WON Trinidad is guilty of Frustrated Murder.
Held:
- No, Trinidad is not guilty of frustrated murder. He is guilty of attempted murder. He commenced
the commission of the felony directly by overt acts but was unable to perform all the acts of
execution which would have produced it by reason of causes other than his spontaneous
desistance, such as, that the jeep to which TAN clung was in motion, and that there was a spare
tire which shielded the other parts of his body. Moreover, the wound inflicted by Trinidad was
not fatal and the doctrinal rule is that where the wound inflicted to the victim is not sufficient
to cause his death, the crime is only attempted murder, the accused not having performed all
the acts of execution that would’ve brought about death. Hence, Trinidad shall only liable for
attempted murder.
MARTINEZ V. COURT OF APPEALS & THE PEOPLE OF THE PHILIPPINES
G.R. No. 168827 April 13, 2007
FACTS: On February 3, 1999, Dean Dongui-is had an encounter with Benjamin Martinez at the Tubao
Credit Coop. Office. As Dean Dongui-is was leaving the building, the latter, armed with a bolo, emerged
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and stabbed him on the left breast. Dean was able to go to the bank office as he was being chased by
Benjamin but he was again stabbed on the right elbow. Thereafter, Dean fell on the ground and was
stabbed again on the left breast. He was able to seek refuge inside a counter which was partitioned with a
glass. Unable to get inside, Benjamin Martinez shouted at Dean: “You kneel down because I will really
kill you now this day.”
Afterwards, Benjamin Martinez was brought to the police station and was placed in jail by SPO1
Sulatre. Dean Dongui-is was transferred to Ilocos Regional Hospital (IRH) in San Fernando, La Union
where he was examined and operated on by Dr. Nathaniel Rimando. He sustained two stab wounds in the
anterior chest, left, and a lacerated wound in the right elbow, forearm.
On the other hand, Benjamin contended that he was acting in self-defense since Dean shouted insults,
spatted, and threw punches at him. He just defended himself by getting his bolo from his tricycle and
stabbing Dean. Prior to the incident, Benjamin said that Dean was so jealous of him for the reason that his
mistress, Elvisa Basallo, was also Benjamin’s mistress; and that the civil case filed against him by Dean,
was only meant for harassment.
On April 30, 2001, the Regional Trial Court convicted Petitioner of frustrated homicide and on
February 21, 2005, the Court of Appeals affirmed the decision of the RTC with modification regarding
the awarding of damages.
ISSUES:
1. WON the Petitioner is guilty of frustrated homicide.
2. WON he can invoke self-defense.
HELD:
1. No. Petitioner is found guilty beyond reasonable doubt of frustrated murder. The petitioner, without a
doubt, intended to kill Dean Dongui-is. He performed all the acts of execution but the crime was not
consummated because of the timely medical intervention applied on the victim. The intent to kill may be
proved by evidence of the following: (a) motive; (b) the nature or number of weapons used in the
commission of the crime (c) the nature and number of wounds inflicted on the victim; (d) the manner the
crime was committed and (e) words uttered by the offender at the time the injuries are inflicted by him on
the victim.
In the case at bar, the Petitioner was proven to have:
A. Motive: He and Dean had a history of personal animosity which started from the issue
with Elvisa Basallo and the filing of lawsuit against Benjamin.
B. Weapon: He was armed with a 14 1/2 inch bolo.
C. Nature and number of wounds inflicted: The presence of the wounds, their location and
their seriousness indicate a determined effort to kill.
D. Manner the crime was committed: The Petitioner ambushed an unarmed Dean Dongui-is.
E. Words uttered by the offender: Petitioner shouted "You kneel down because I will really
kill you now" at Dean Dongui-is during the commission of the crime.
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Aside from intent to kill, there is also ample evidence of treachery. There is treachery when the offender
commits any of the crimes against the person, employing means, methods, or forms in the execution
thereof which tend directly and specially to insure its execution without risk to himself arising from the
defense which the offended party might take. When Dean was attacked, he was unarmed. He had just
exited the building and had no inkling that he would be attacked. Petitioner was also armed with a deadly
14 1/2-inch bolo. The attacked on Dean was swift and unannounced; undeniably, petitioner's attack was
treacherous.
2. No. The petitioner cannot invoke self-defense. The essential elements for the defense as provided in
Article 11, paragraph 1 of the Revised Penal Code include: (a) unlawful aggression; (b) reasonable
necessity of the means employed to prevent or repel it and (c) lack of sufficient provocation on the part of
the person defending himself.
The Petitioner failed to prove that he acted in self defense during the incident because:
A. Petitioner failed to surrender himself to the responding authorities who arrived and the
bolo he used in stabbing the victim. One who acted in self defense is expected to
surrender, not only himself, but also the weapon he used to kill or inflict physical injuries
on the victim.
B. The victim, Dean Dongui-is, sustained fatal stab wounds which indicated the intent to kill
of the petitioner.
C. There was no evidence that Dean Dongu-is punched the Petitioner.
Issue:
WON Mondragon is guilty of attempted homicide.
Held:
No. The element of intent to kill which is an essential element of frustrated or attempted homicide not
having been duly established, and considering that the injuries suffered by the offended party were not
necessarily fatal.
Facts:
Months prior to the root incident, Sy Pio, going by the Filipino name Policarpio De La Cruz,
together with his wife, Vicenta, was employed in a restaurant belonging to a certain Ong Pian and his
partner, Eng Cheng Suy. One day, his wife’s relatives ask for Vicenta’s financial assistance as her father
is ill. Sy Pio, then, asked for money to Ong Pian, but the latter only gave him P1.00. Meanwhile, Vicenta
was able to gather P20.00 from her employer. Eng Cheng Suy. Eventually, the accused was relieved from
his work and settled as a peddler instead. Ong Pian, however, showed the accused of a written list of his
debts, and these debts were deducted through his wife’s salary, although he cannot recall the debt as his.
This prompted resentment towards Ong Pian.
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The root incident happened on the 3rd of September, 1949, on an early morning. Sy Pio, equipped
with a .45 caliber which he got from a certain Ngo Cho, went to the store located in 511 Misericordia, Sta.
Cruz, Manila, and started firing. The first one to get shot was Jose Sy. The next one was Tan Siong Kiap,
who, after being shot, immediately ran and hide in a room behind the store. Tan Siong Kap was later
admitted to Chinese General Hospital where he would return from the 3rd of September to 12th of the same
month, 1949. It was learned later that he was also able to shoot Ong Pian.
Issue:
W/N is guilty of frustrated murder
Ruling:
NO, the Supreme Court held that the accused was not able to execute the necessary stages in the
acts of execution in order to build up the indictment that he is guilty of frustrated murder. They also
reiterated the scenario that the victim, although wounded, was able to hid himself in another room. The
accused, conscious of the situation, knows that he failed to do the task at hand. Thus, he was not able to
perform the necessary stages in order for him to be guilty of frustrated murder, but rather, he is guilty of
attempted murder.
Facts:
On July 24, 1971, Crispulo Alega, a civil engineer working at the Sugar Construction Company,
went to Southeastern College, to fetch his girlfriend, Remedios Maniti, a third year high school student.
They went to Pasay City public market. While walking, Remedios walking in front of Crispulo, heard the
dropping of her folders, being carried by Crispulo. When she looked backed, she saw Danilo Tobias
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twisting Crispulo’s neck and Hernando Dio holding Crispulo’s two hands. They wanted to get Crispulo’s
Seiko watch but Crispulo resisted and fought the robbers. Because of this, Tobias stabbed Crispulo on the
left side of his chest. Crispulo ran down the stairs and followed Remedios who shouted for help. Crispulo
died at the front of Pasay Commercial Bank. At the time of his death the watch was still strapped to his
wrist.
On October 24, 1972, Hernando Dio was arrested. He was convicted of special complex crime of
robbery with homicide and sentenced to death penalty. That the appellant and his companion, with intent
to gain, and by means of force, take Crispulo’s Seiko watch. And pursuant to their conspiracy, with intent
to kill, assaulted and stabbed Crispulo Alega, causing his death.
Appellant argues that he should not be convicted of the special complex crime of robbery with
homicide because the robbery was not consummated.
Issue:
(1) Whether or not the appellant is guilty of special complex crime of robbery with homicide
or not.
Ruling:
No, appellant is not guilty of special complex crime of robbery with homicide. Appellant is only
guilty of attempted robbery with homicide because the evidence has shown that the appellant and his
companion were unsuccessful in their criminal venture of divesting the victim of his wrist watch so as to
constitute the consummation of the crime of robbery.
Issue:
Whether or not it is an attempted or a consummated robbery.
Whether or not there is an illegal detention or only incidental to the crime of robbery.
Whether or not the voluntary surrender of the accused is considered as a mitigating circumstance.
Ruling:
(1) It is a consummated robbery. One element of robbery is the taking of one’s personal property and
in the case at bar, it is sufficiently proved through the testimonies of Rodita Hablero that when the
Mayor handed the P50,000 cash to her, she handed it to one of the holduppers. The money
demanded as well as the wristwatches were also taken within the control and the dominion of the
appellants. Also, even if the property were only taken for a short period of time, it is already
consummated.
(2) It is an illegal detention and not incidental to robbery because they took ransom money as well
from the people outside the establishment. Even when they finally completed their job which is
the taking of the personal properties of the victims, they still did not release them to extort
additional amount.
(3) It is not a mitigating circumstance because they only surrendered when they felt that there is no
chance for them to escape since they were already being surrounded by a lot of forces.
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PEOPLE vs. ORITA
G.R. No. 88724 April 3, 1990
FACTS:
· Cristina S. Abayan – 19 year old freshman student at St. Joseph’s College (Borongan, Eastern
Samar)
· Ceilito “LITO” Orita – Philippine Constabulary soldier
· March 20, 1983 at about 1:30 in the morning, complainant arrived at her boarding house. Her
classmates had just brought her home from a party. Shortly after her classmates had left, she knocked
at the door of her boarding house. All of a sudden, somebody held her and poked a knife to her neck.
She then recognized appellant who was a frequent visitor of another boarder.
· He ordered her to go upstairs with him using the back door leading to the second floor. With the
Batangas knife still poked to her neck, they entered complainant’s room.
· Upon entering the room appellant pushed complainant who hit her head on the wall.
· Appellant undressed himself and ordered complainant to take off her clothes.
· He ordered her to lie down on the floor and then mounter her. Made her hold his penis and insert it
in her vagina. Only a portion of his penis entered her as she kept on moving.
· Appellant lay down on his back and commanded her to mount him. Only a small part of his penis
was inserted. At this stage, appellant had both his hands flat on the floor. She dashed out to the next
room and locked herself in. Appellant climbed the partition. She ran to another room and was still
followed. She ran to another room and jumped out through a window.
· Still naked, she darted to the municipal building. Pat. Donceras took off his jacket and wrapped it
around her. The policemen rushed to the boarding house but failed to apprehend the appellant.
· Dr. Ma. Luisa Abude – examined complainant.
TRIAL COURT: frustrated rape
Accused assigned the following errors:
1. Substantial inconsistencies in the testimonies of witnesses
- Court: Trivial inconsistencies only; not sufficient to blur or cast doubt on the
witnesses’ straightforward attestations; not rehearsed.
- Accused: testimony of the victim that the accused asked her to hold and guide his
penis is strange. Court: but victim also testified that he was holding a Batangas knife.
2. Frustrated rape
ISSUE: WON the accused’s conviction for frustrated rape is proper.
RATIO:
Trial court: no conclusive evidence of penetration of the genital organ
Accused: no crime of frustrated murder
(See: Article 356 and 6 of RPC; page 113 - case)
· For the consummation of rape, perfect penetration is not essential.
· It is hardly conceivable how the frustrated stage in rape can ever be committed.
· The alleged variance between the testimony of the victim and the medical certificate does not exist.
· The fact is that in a prosecution for rape, the accused may be convicted even on the sole basis of the
victim’s testimony if credible.
· Dr. Zamora’s testimony is merely corroborative.
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· The evidence sufficient to prove his guilt beyond reasonable doubt of the crime of consummated
rape.
· Lito Orita is hereby found guilty beyond reasonable doubt of the crime of RAPE and sentenced to
RECLUSION PERPETUA.
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PEOPLE V. CAMPUHAN
G.R. No. 129433. March 30, 2000.
FACTS: On April 25, 1996, at around 4pm, Corazon Pamintuan heard her daughter, Crysthel (4 years
old) shout “Ayoko! Ayoko!” and upon entering the latter’s room, Corazon saw Primo Campuhan (helper
of Corazon’s brother) kneeling before Chrystel whose jogging pants and panties were already removed,
while his short pants were down to his knees. According to Corazon, Primo was forcing his penis into
Crysthel’s vagina. Primo was then brought to the Barangay hall.
The medico-legal officer noted on the physical examination of Crysthel that there was no sign of
extra-genital physical injury and that her hymen was still intact. Primo kept his innocence and argued that
Corazon’s statements were not credible since she has ill-will against him. He also asserted that he and
Crysthel were just playing when she suddenly pulled him down and that was how Corazon saw them.
On May 27, 1997, the trial court found Primo Campuhan guilty of statutory rape.
HELD: No. Primo Campuhan was found guilty of attempted rape.
The Supreme Court held that in order for rape to be consummated, there must be a penetration of the
labia majora and not merely for the penis to stroke the surface of the female organ. In the case at bar, the
physical examination results showed that there was no external signs of physical injuries to conclude that
penetration had taken place. The Medico legal officer also stated that there was no medical basis to hold
that there was sexual contact between the accused and the victim.
Moreover, the prosecution failed to prove that there was inter-genital contact through the testimony
of Corazon Pamintuan. During the incident, Primo Campuhan’s kneeling position did not allow Corazon
to have an unobstructed view of the sexual contact. Also, Crysthel, herself stated that she resisted Primo’s
advances by closing her legs and she did not feel any pain.
Under Art. 6, in relation to Art. 335, of the Revised Penal Code, rape is attempted when the offender
commences the commission of rape directly by overt acts, and does not perform all the acts of execution
which should produce the crime of rape by reason of some cause or accident other than his own
spontaneous desistance. All the elements of attempted rape are present in the instant case.
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US v VALDES
GR No. L-14128 10 December 1918
Torres, J.:
FACTS:
· In the morning of 28 April 1918, Mrs Auckback, a resident at the same neighbourhood as the Lewins,
called Mrs Lewin to inform the latter that much smoke was issuing from the lower floor of her house.
Mrs Lewin ordered the servant Paulino Banal to look for the fire, as he did and he found, so asked
with kerosene oil and placed between a post of the house and a partition of the entresol, a piece of a
jute sack and a rag which were burning. At that moment the defendant Valdes was in the entresol
engaged in his work of cleaning, while the other defendant Hugo Labarro was cleaning the horses
kept at the place.
· On the same morning, the police arrested the defendants. Severino Valdes, after his arrest, admitted
that it was he who had set fire to the sack and the rag and he also started the several other fires which
had occurred in the said house on previous days through the inducement of Hugo Labarro.
· In his affidavit, Severino Valdes admitted to the declarations he made in the police stations, however,
he denied having placed the rag and piece of jute sack, soaked with kerosene, in the place where they
were found, and stated that I was the servant Paulino who had done so.
ISSUE:
Whether or not Severino Valdes can be charged with frustrated arson or consummated arson
HELD:
The crime is classified only as frustrated arson, inasmuch as the defendant performed all the acts
conceive to the burning of said house, but the criminal act he intended was not produced. The offense
cannot be classified as consummated arson by the burning of said house, for the reason that no part of the
building had yet commenced to burn.
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Pp. v. Aguilos
G.R. No. 121828, 27 June 2003
Facts: On the night of February 1988, the group of Joselito Capa consisting of Julian Azul, Edmar
Aguilos and Odilon Lagliba were all drinking at a nearby store. Suddenly, their conversations resulted in
an angry dispute, which owner Elisa Rolan tried to settle before closing her store. Capa and Azul were
about to leave but Aguilos and Lagliba blocked their way. The group swapped fist blows, all the while
Rolan was shouting “Tama na!”.
Capa, trying to act as a referee, was stabbed by Lagliba. When Ronnie Diamante and Rene Pilola
saw his gangmate stabbing Capa, they joined in and stabbed him some more. Capa fell into a canal and
the culprits fled the scene. Azul tried to look back and saw Diamante pick up a piece of hollow block and
subsequently a broken bottle and bashed Capa’s head. The victim died on the spot.
Accused-appellants interposed the defense of alibi.
Issue: W/n the trial court erred in concluding that there was conspiracy anent assailed incident
Held: Yes. Supreme Court ruled that there is conspiracy when two or more persons agree to commit a
felony and decided to commit it. Conspiracy as a mode of incurring criminal liability must be proved
separately from and with the same quantum of proof as the crime itself.
Art. 4, par. 1 of RPC states that criminal liability shall be incurred by:
1. By any person committing a felony (delito) although the wrongful act done be different from that
which he intended
It is not necessary that each of the separate injuries is fatal in itself. It is sufficient if the injuries
cooperated in bringing about victim’s death. In the case at bar, the victim died because of multiple stab
wounds inflicted by two or more persons. The argument that by the time Diamante and Pilola joined
Lagliba in stabbing the victim, the crime was already consummated was untenable because there is no
evidence that the victim was already dead before the two arrived.
Supreme Court held that Diamante and Pilola conspired with Lagliba to kill the victim; therefore,
all of them are criminally liable. Pilola is not merely an accomplice but is a principal by direct
participation, because he cooperated in the commission of the crime by performing overt acts which by
themselves are acts of execution.
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