Crim 1 Digests
Crim 1 Digests
Crim 1 Digests
However, the Court of Appeals found the defendant and appellant Nena
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, Tanalega of slight physical injuries through reckless imprudence, and
vs. sentenced her to pay two hundred pesos (P200) and to pay the costs. The
LEON CASTILLO, ET AL., accused. NENA TANALEGA RAYMUNDO, appellant. Court of Appeals deemed it unnecessary to pass upon the defense of
C. A. NO. 227, February 1, 1946 prescription urged by defendant and appellant, stating that the offense of
DE HOYA, J.: which she was found guilty and the penalty imposed upon her are correctional
in nature.
FACTS:
Mr. Silvino Belarmino presented for dispensation at the Escudero Drug Store ISSUE:
and bought one-third formula of the following prescription of Dr. Antonio G. Whether or not Nena Tanalega Raymundo is criminally liable to the
Sison, to wit: prescription of wrong medicines to Mr. Silvino Belarmino.
Spartein sulphate 1.00
Phenobarbital 0.50 HELD:
Cabromal 5.00 YES. Section 751 of the Revised Administrative Code provides that “Every
Mx. Div. et pone pharmacist shall be responsible for the quality of all drugs, chemicals,
in cap No. XV medicines, and poisons he may sell or keep for sale; and it shall be unlawful for
Sig.: One capsule any whomsoever to manufacture, prepare, sell, or administer any prescription,
drug, chemical, medicine, or poison under any fraudulent name, direction, PEOPLE OF THE PHILIPPINES ISLANDS, plaintiff-appellee,
pretense or to adulterate any drug, chemical, medicine, or poison so used, sold, vs.
or offered for sale. Any drug, chemical, medicine, or poison shall be held to be JOSEFINA BANDIAN, defendant-appellant.
adulterated or deteriorated within the meaning of this section if it differs from H. R. No. 45186, September 30, 1936
the standard of quality or purity given in the United States Pharmacopoeia.” A DIAZ, J.:
violation of the said section 751 os punished in accordance with the provisions
of section 2676 which provides that “ Any person engaging in practice of FACTS:
pharmacy in the Philippines contrary to any provision of the Pharmacy Law or At about 7 o’clock in the morning of January 31, 1936, Valentin Aguilar, the
violating any provision of said law for which no specific penalty is provided appellant’s neighbor, saw the appellant go to a thicket about four or five brazas
shall, for each offense, be punished by a fine not to exceed five hundred pesos, from her house, apparently to respond to a call of nature because it was there
or by imprisonment for not more than six months, or both, in the discretion of that the people of the place used to go for that purpose. A few minutes later, he
the court. again saw her emerge from the thicket with her clothes stained with blood
both in the front and back, staggering and visibly showing signs of not being
The profession of pharmacy demands care and skill; and druggists must able to support herself. He ran to her aid, and, having noted that she was very
exercise care of a specially high degree, the highest degree of care known to weak and dizzy, he supported and helped her go up to her house and placed
practical men. In other words, druggist must exercise the highest practical her in her own bed. Aguilar called Adriano Comcom , who lived nearby, to help
degree of prudence and vigilance, and the most exact and reliable safeguards them, and later requested him to take bamboo leaves to stop the hemorrhage
consistent with the reasonable conduct of the business, so that human life may which had come upon the appellant. Comcom had scarcely gone about five
not constanty be exposed to the danger flowing from the substitution of deadly brazas when he saw the body of a newborn baby near a path adjoining the
poisons for harmless medicines. thicket where the appellant had gone a few moments before. Comcom
informed Aguilar about what he found and asked the appellant whether the
In reality, for the fruggist, mistake is negligence and care is no defense. And in baby is hers or not, in which the appellant answered in the affirmative.
Criminal Law, run the same rigorous rules. Apothecaries, or apothecaries
clerks, who are guilty of negligence in the sale of medicine when death ensues Upon being notified of the incident at 2 o’clock in the afternoon of said day, Dr.
in consequence, have been held guilty of manslaughter. Emilio Nepomuceno went to the appellant’s house and found her lying in bed
and still bleeding. Her bed, the floor of her house and beneath it were full of
The Court declares that the preparation of one medicine for another, by a blood. The physician declared that the appellant gave birth in her house and in
pharmacy clerk, under a false name, whether it be through negligence, accident her own bed; that after giving birth she threw her child into the thicket to kill it
or mistake, is punishable under the law. Therefore, Nena Raymundo is for purpose of concealing her dishonor from the man, Luis Kirol, with whom
criminally liable for giving a wrong medicine to Mr. Silvino Belarmino. she had therefore been living maritally, because the child was not his but of
another man with whom she had previously had amorous relations. He even
testified that the appellant had admitted to him that she had killed her child
when he went to her house at the time on the said above-stated.
The lower court held that the appellant was an infanticide. The Solicitor- THE UNITED STATES. Plaintiff-appellee,
General does not agree, stating that the appellant may be guilty of abandoning vs.
a minor under subsection 2 of Article 276 of the RPC, the abandonment having AH CHONG, defendant-appellant.
resulted in the death of the minor allegedly abandoned. G. R. No. L-5272, March 19, 1910
CARSON, J.:
ISSUE:
Whether or not Josefina Bandian is criminally liable for the crime of infanticide. FACTS:
One night, at about 10 o'clock, the defendant was suddenly awakened by
RULING: someone trying to force open the door of the room. He sat up in bed and called
NO. Under the law, infanticide and abandonment of a minor, to be punishable, out twice, "Who is there?" He heard no answer and was convinced by the noise
must be committed willfully or consciously, or at least it must be result of a at the door that it was being pushed open by someone bent upon forcing his
voluntary, conscious and free act or omission. Even in cases where said crimes way into the room.
are committed through are committed through mere imprudence, the person
who commits them, under said circumstances, must be in the full enjoyment of The room was very dark and the defendant, fearing that the intruder was a
his mental faculties, or must be conscious of his acts, in order that he may be robber or a thief, leaped to his feet and called out. "If you enter the room, I will
held liable. kill you." At that moment he was struck just above the knee by the edge of the
chair which had been placed against the door.
In the present case, the act performed by the appellant in the morning in
question, by going in the thicket, according to her, to respond to call of nature, In the darkness and confusion the defendant thought that the blow had been
notwithstanding the fact that she caused a wrong as that of giving birth to her inflicted by the person who had forced the door open, whom he supposed to be
child in the same place and later abandoning it, not because of imprudence or a burglar, though in the light of after events, it is probable that the chair was
any other reason than that she was overcome by strong dizziness and extreme merely thrown back into the room by the sudden opening of the door against
debility, she should not be blamed therefore because it all happened by mere which it rested.
accident, from liability any person who so acts and behaves under such
circumstances. eizing a common kitchen knife which he kept under his pillow, the defendant
struck out wildly at the intruder who, it afterwards turned out, was his
Therefore, the Court ruled that Josefina Bandian is not criminally liable of roommate, Pascual.
infanticide.
ISSUES:
RULING:
THE UNITED STATES, plaintiff-appellee, NO. Article 568 of the said code, which reads as follows: "He who shall execute
vs. through reckless negligence an act that, if done with malice, would constitute a
A.H. BARNES, defendant-appellant. grave crime, shall be punished with the penalty of prision mayor in its
G.R. No. 4774, November 18, 1908 maximum degree to prision correccional in its minimum degree, and with
TORRES, J.: arresto mayor in its minimum and medium degrees, if it shall constitute a less
grave crime" According to article 1 of the said code crimes or misdemeanors
RECKLESS NEGLIGENCE. — When an act which causes injury to another are voluntary acts and omissions punished by law, once having been fully
person is involuntary, free from malice or criminal intent, it does not constitute demonstrated in this case that the third shot fired from the gun which the
a crime nor any other offense by reason of reckless negligence, inasmuch as accused Barnes had in his hands on the morning of the occurrence and which
acts executed negligently are voluntary although done without malice or caused the death of the said individual, was an entirely involuntary act, as it
criminal design. has not been proven in any manner that he fired the weapon purposely in the
direction of the ducks, but that it went off at the moment when he pressed the
gun against his knee in order to force the cartridge into the chamber which
FACTS: showed some kind of obstruction, and without aiming at the birds, or doing
At about 10 o’clock on the morning of the 15th of December, 1906, A. H. something to cause the weapon to discharge, it follows that such act being an
Barnes, J. A. Ryan, and three Filipinos, one of whom was Pedro Leonardo, were involuntary one, should not be considered as constituting reckless negligence.
out duck shooting and went through the barrio of San Pablo, sitio of Muyot, in
the municipality of San Antonio, Nueva Ecija; when they were about to return it Therefore, the said death was not the result of a voluntary and criminal act, nor
was noticed that there were ducks on an estero or stream; Barnes at once fired of an omission or reckless negligence, but an involuntary act devoid of a
his gun twice, the said Pedro Leonardo being near to him at the time; when criminal character, that is a regrettable and unfortunate accident without any
trying to reload the weapon, the cartridge would not, go in easily, and Barnes effort of the will. Thus, Barnes is not criminally liable.
had to force it by closing the breech of the gun which is automatic, pressing the
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, willfully, unlawfully and feloniously have sexual intercourse with Magdalena
vs. Asegurado, a virgin over twelve (12) and under eighteen (18) years of age, and
RESTITUTO FALLER, defendant-appellant. as a consequence thereof, the said minor was infected with venereal diseases
G.R. No. L-45964, April 25, 1939 and caused physical injuries which resulted in her death on October 22, 1933.
AVANCENA, C.J.:
The defendant was suffering from gonorrhea and naturally he infected the
FACTS: offended party. The offended party did not complain to her mother nor did she
Restituto Faller was charged with the crime of damage caused to another’s suffer from the serious consequences of the infection until September when
property maliciously and willfully. The Court of First Instance found that the she complained of intense pains in the abdomen.
damage was not caused maliciously of and willfully, but through reckless
imprudence. Faller was sentenced under paragraph 3 of Article 365 of the RPC, The Trial Court convicted the defendant of the crimes of rape and homicide.
as principal in the crime of damage through reckless imprudence. Taking into consideration the weight of the evidence and the fact that both
crimes, rape and homicide, were the result of a singular act, which is the sexual
ISSUE: intercourse.
Whether or not the CFI erred in sentencing the crime of Restituto Faller.
ISSUE:
RULING: Whether or not the proven facts should be considered as independent crimes
The court has not committed this error. The appellant was convicted of the of rape and homicide, or as the complex crime of rape with homicide.
same crime of damage to property with which he is charged. Reckless
imprudence is not a crime itself. It is simply a way of committing it and merely RULING:
determines a lower degree of criminal liability. The information alleges that the The defendant shall be convicted with the complex crime of rape with
appellant acted willfully, maliciously, unlawfully and criminally. Negligence homicide. The penalty of reclusion temporal prescribed for both crimes should
being a punishable criminal act when it results in a crime, the allegation in the be imposed in its maximum degree, and nocturnity and abuse of superior
information that the appellant also committed the acts unlawfully and strength should be taken into consideration as aggravating circumstances in
criminally includes the charge that he acted with negligence. the commission of the crime. A mitigating circumstance of lack of intention to
commit so grave a wrong shall be taken into the consideration of the
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, defendant.
vs.
MARCEINO ACOSTA y RIVERA, defendant-appellant. Therefore, the penalty for the crime shall be from twelve years of prision
G.R. No. 40903, April 28, 1934 mayor to twenty years of reclusion temporal.
IMPERIAL, J.:
FACTS:
Between July 1933 and October 22, of the same year, in the City of Manila, the
accused, with force, intimidation and abuse of confidence, did then and there
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs. vs.
GERARDO CORNEL, defendant-appellant. JUAN QUIANZON, defendant-appellant.
G.R. No. L-204, May 16, 1947 G.R. No. 42607, September 28, 1935
PARAS, J.: RECTO, J.:
FACTS: FACTS:
Trinidad Coral personally saw appellant suddenly assault her deceased
husband, Francisco Burac, with a bolo as the latter was descending the stairs of Charged with and convicted of the crime of homicide in the Court of First
his house in the Barrio of San Miguel, Tabaco, Albay, at about 6 o’clock in the Instance of Ilocos Norte, and sentenced to an indeterminate penalty of from six
afternoon of June 8, 1945. After Burac (then wounded in the forehead) fell, the years and one day of prision mayor, as minimum to fourteen years, seven
appellant threw a stone which hit Burac’s right clavicle, and the appellant months and one day of... reclusion temporal, as maximum, Juan Quianzon
thereafter fled in the direction of his house. appeals to this court for the review of the case.
Dr. Mariano Cruel, a government witness, described the wound on Burac’s On February 1, 1934, a novena for the suffrage of the soul of a deceased person
forehead as “an incised vertical wound extending from a little above the middle was being held in the house of Victorina Cacpal... municipality of Paoay, Ilocos
of the eyebrows down to the lower root of the nose”, and cutting “the frontal Norte. It was the second or third time that Aribuabo approached Quianzon with
and the nasal bones also,” was produced not by a bolo but by an irregular and the same purpose whereupon the latter, greatly peeved, took hold of a
hard object with a sharp edge such as a heavy piece of stone. It has been firebrand and applied it to the neck of the man who so pestered him. Aribuabo
certified by Cruel that Burac died “of tetanus secondary to the infected wound”. died as a result of this wound.
ISSUE:
Gregorio Dumlao, a barrio lieutenant, who, upon being informed of the
Whether or not the CFI erred in sentencing the defendant for the crime of
incident, forthwith conducted an investigation, questioned Aribuabo and the
homicide, an indeterminate prison term ranging from 8 years and 1 day of
latter told him that it was the accused who had wounded him. He likewise
prision mayor to 14 years, 8 months and 1 day of reclusion temporal.
questioned the accused and the latter, in turn, stated that he had wounded the
deceased with a bamboo spit. Upon being brought before Julian Llaguno, chief
RULING:
of police of Paoay, for questioning, Quianzon confessed to Llaguno that he had
YES. Appellant’s surmise that Fabian might not have died of tetanus because
applied a firebrand to Aribuabo's neck and had later wounded him with a
there are other diseases sometimes exhibiting symptoms of tetanus cannot
bamboo spit. Before the chief of police could put this confession of Quianzon in
prevail against the conclusion of Dr. Cruel.
writing, the latter retracted, denying that he had wounded Aribuabo, for which
reason in the affidavit Exhibit B the fact of having applied a firebrand to
Therefore, the appellant must be held responsible for the natural consequences
Aribuabo's neck appears admitted by Quianzon but not that of having wounded
of his unlawful act.
the deceased with a bamboo spit.
ISSUE: it was difficult... to determine whether he could survive or not." It was a wound
Whether or not Juan Quianzon killed Aribuabo. in the abdomen which occasionally results in traumatic peritonitis. The
infection was caused by the fecal matter from the large intestine which had
RULING: been perforated. The possibility, admitted by said physician, that... the patient
Inasmuch as the mitigating circumstances of lack of instruction and of might" have survived said wound had he not removed the drainage, does not
intention to commit so grave a wrong as that committed should be taken into mean that that act of the patient was the real cause of his death. Even without
consideration in favor of the appellant, without any aggravating circumstances said act the fatal consequence could have followed, and the fact that the patient
adverse to him, we modify the appealed judgment by... sentencing him to an had so acted in a paroxysm of... pain does not alter the juridical consequences
indeterminate penalty with a minimum of four years of prision correctional of the punishable act of the accused.
and a maximum of eight years of prision mayor, affirming it in all other
respects, with costs to said appellant. "One who inflicts an injury on another is deemed by the law to be guilty of
homicide if the injury contributes mediately or immediately to the death of
Principles: such other. The fact that other causes contribute to the death does not relieve
the actor of responsibility
The defense of the accused consisted simply in denying that he had wounded
the deceased and that he had confessed his guilt to the witnesses Bagabay, The Supreme Court of Spain, in a decision of April 3, 1879, said in a case similar
Dumlao and Llaguno. But such denial cannot prevail against the adverse to the present, the following:
testimony of these three veracious and disinterested... witnesses, all the more
because neither the accused nor any other witness for the defense has stated "Inasmuch as a man is responsible for the consequences of his act and... in this
or insinuated that another person, not the accused, might be the author of the case the physical condition and temperament of the of fended party nowise
wound which resulted in Aribuabo's death, and because it is admitted by the lessen the evil, the seriousness whereof is to be judged, not by the violence of
defense that it was the... accused, whom Aribuabo had been pestering with the means employed, but by the result actually produced; and as the wound
request for food, who attacked the latter, burning his neck with a firebrand, which the appellant inflicted upon the... deceased was the cause which
after which Aribuabo appeared wounded in the abdomen, without the accused determined his death, without his being able to counteract its effects, it is
and the witnesses for the defense explaining how and by whom the aggression evident that the act in question should be qualified as homicide, etc."
had... been made.
"While the courts may have vacilated from time to time it may be taken to be
It is contended by the defense that even granting that it was the accused who the settled rule of the common law that one who inflicts an injury on another
inflicted the wound which resulted in Aribuabo's death, he should not be will be held responsible for his death, although it may appear that the deceased
convicted of homicide but only of serious physical injuries because said wound might have recovered if he had... taken proper care of himself, or submitted to a
was not necessarily fatal and the deceased would... have survived it had he not surgical operation, or that unskilled or improper treatment aggravated the
twice removed the drainage which Dr. Mendoza had placed to control or isolate wound and contributed to the death, or that death was immediately caused by
the infection. This contention is without merit., According to the physician who a surgical operation rendered necessary by the condition of the wound. The...
examined and attended him, the "wound of the deceased was very serious and principle on which this rule is founded is one of universal application, and lies
at the foundation of all criminal jurisprudence. It is, that every person is to be A girl named Alfonsa, about 13 years of age when the incident happened, was a
held to contemplate and to be responsible for the natural consequences of his servant for Feliciano Divino and his family. Her feet were the focus in this case
own acts. because it is said that Feliciano burned her feet, in a very unorthodox and
harmful way in a sense, by setting her feet on fire after applying petroleum to it
If a person inflicts a... wound with a deadly weapon in such a manner as to put and tying her down to the floor. He argued in the Court that when Alfonsa came
life in jeopardy, and death follows as a consequence of this felonious and to their home, her body was full of scars and ulcers, and that the ulcer in her
wicked act, it does not alter its nature or diminish its criminality to prove that body, through his efforts, was cured, except those on her feet. He tried many
other causes co-operated in producing the fatal result. times to cure her feet but failed because the girl would always walk barefoot
outside and that she would run whenever she was being cured because of the
Amid the... conflicting theories of medical men, and the uncertainties attendant pain being inflicted in the process. On the day of the incident, Feliciano said to
upon the treatment of bodily ailments and injuries, it would be easy in many have tied her up so she won’t run during the process and then left her feet
cases of homicide to raise a doubt as to the immediate cause of death, and burning for about an hour and then afterwards locked her up. He argued that
thereby to open a wide door by which persons guilty of the... highest crime the ulcer was getting worse and smelled quite offensively.
might escape conviction and punishment."
ISSUE:
Whether or not Feliciano Divino can be acquitted because he argued that he
acted in good faith and did not mean any harm to the girl, except to help her get
THE UNITED STATES, plaintiff-appellee, cured.
vs.
FELICIANO DIVINO, defendant-appellant. RULING:
GR. No. 4490, December 4, 1908 Medical arguments were brought in the light of the decision and that a doctor
ARRELANO, C.J.: clearly identified that the scars on Alfonsa’s feet were indeed because of burns
and that the became worse on account of Feliciano’s efforts to cure them.
MALPRACTICE; NEGLIGENCE; CRIMINAL RESPONSIBILITY. - One who, not Certainly it was found certain that the acts of the guilty person do not seem to
being a regular practitioner, undertakes to render medical assistance to have been intended to cause an evil, but rather as a remedy. However, Article
another person, is liable for any injuries resulting from such treatment, and the 568 of the RPC clearly states that a person that undertakes medical assistance
fact that he acted in good faith and according to the best of his ability does not to another person is liable for any injuries resulting from such treatment, and
relieve him from responsibility, although his ignorance may be considered as a that the fact that he acted in good faith and according to the best of his
mitigating circumstance. (Article 568, RPC) circumstance. In lieu, the Court reversed the ruling of the CFI and sentenced
Divino to simple imprudence to the penalty of four months and suspension
FACTS: from office and right to suffrage and to pay the costs of both instances.
The CFI convicted Feliciano Divino for the crime of lesiones graves and was
sentenced to two years and eleven months and suspension from public office.
THE UNITED STATES, plaintiff-appellee, Neither the Court believe that the fact that he made a mistake in the killing the
vs. wrong man should be considered as a mitigatig circumstance.
VALERIO MENDIETA, defendant-appellant.
GR. No. L-11000, March 14, 1916 Therefore, Valerio Mendieta is criminally liable for killing Pedro Acierto.
JOHNSON, J.:
RTC and CA found the petitioner guilty beyond reasonable doubt of homicide. CA’s decision was SET ASIDE and petioner is ACQUITTED of the crime of
Petitioner raised the case to the SC arguing that the cause of the death of Javier homicide.
was due to his own negligence.
THE UNITED STATES, plaintiff-appellee,
ISSUE: Whether or not Urbano’s action was the proximate cause of the death of vs.
Javier. ANASTASIO MAISA, defendant-appellant.
GR. No. L-3728, September 25, 1907
ARELLANO, C.J.:
RULING: NO. Pursuant to this provision “an accused is criminally responsible FACTS:
for acts committed by him in violation of law and for all the natural and logical It was proven in this case that while Anastasio Maisa and Jose Machon were
consequences resulting therefrom. The rule is that the death of the victim must engaged in a fight, Isaac Monrayo tried to separate them and gave Maisa a oush
be the direct, natural, and logical consequence of the wounds inflicted upon him which caused the latter to fall to the ground, and on getting up Maisa struck
by the accused Monrayo in the face, hitting him in the right eye, which became completely
disable. The accused alleged that the blow was aimed at Machon, and not at
Monrayo. Although the wrongful act be committed against a person other than
The petitioner reiterates his position that the proximate cause of the death of the one whom it was intended to injure, this fact does not excuse the offender
Marcelo Javier was due to his own negligence, that Dr. Mario Meneses found no from criminal liability for the voluntary commission of a wrongful act or
tetanus in the injury, and that Javier got infected with tetanus when after two misdemeanor, according to paragraph 3 of Article 1 of the Penal Code.
weeks he returned to his farm and tended his tobacco plants with his bare
hands exposing the wound to harmful elements like tetanus germs. ISSUE:
Whether or not Anastasio Maisa is criminally liable for the killing of Isaac
Consequently, Javier’s wound could have been infected with tetanus after the Monrayo.
hacking incident. Considering the circumstance surrounding Javier’s death, his
wound could have been infected by tetanus 2 or 3 or a few but not 20 to 22 RULING:
days before he died. The medical findings, however, lead us to a distinct YES. Anastasio Maisa is crimially liable.
possibility that the infection of the wound by tetanus was an efficient
intervening cause later or between the time Javier was wounded to the time of
his death. The infection was, therefore, distinct and foreign to the crime.
NO. IMPOSSIBLE CRIME PART: the recklessness and clumsiness of Balmores in
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, falsifying the ticket did not make the crime impossible under Art.4 Par.2.
vs. Examples of impossible crimes are as follows: trying to kill another by putting
RAFAEL BALMORES y CAYA, defendant-appellant. an arsenic substance in the latter’s soup but it turns out the substance was just
GR. No. L-1896, February 16, 1950 common salt; or when one tries to murder a corpse. In this case, even if the
OZAETA, J.: ticket was patently falsified on its face, it cannot be said that it was impossible
to consummate the crime of estafa thru falsification.
FACTS:
Balmores is being prosecuted for the crime of estafa through falsification of a OTHER MATTERS: It is argued that for the June 29, 1947 draw (which is the
security. It is alleged that Balmores tore off the bottom (cross wise) of a date when the winning number of 07400 was drawn) there could’ve been no
genuine 1/8 unit Phil Charity Sweepstakes Ticket. This way, the real number genuine 1/8 unit PCSO ticket because the PCSO issued only ¼ units for each
on such ticket was removed and that by substituting and using an ink Balmores ticket. Also, it was not shown that the number removed from the ticket is not
allegedly wrote 07400 instead which is actually the winning number. (the the same as that written in ink.
removal of the bottom portion and writing in ink the number was pleaded
guilty to by Balmores)Balmores presented the ticket as genuine to the PCSO so The court will not take judicial notice of the fact that only ¼ units of tickets has
he could claim the money. However, he was not able toperform all the acts of been issued because it is not of common knowledge. Besides, if it were true
execution which would produce the crime of estafa through falsification of a that no 1/8 units were issued, then it only supports the prosecution’s theory
security because Bayani Miler, the employee to whom the ticket was presented, that balmores’ ticket was spurious. Note that in this case, Balmores pleaded
immediately discovered the falsification and caused Balmores’ apprehension. guilty to removing the true and unidentified number of the ticket and
(in short, no exchange of money and ticket took place) substituting in ink a new figure. There would’ve been no need for such removal
and substitution if the original number was the same as that written in ink.
ISSUE:
(real issue is actually whether there was estafa) (note: in this case, SC said Balmores is merely guilty of an attempt to commit
estafa. But since what is involved here is falsification of a government
As to the impossible crime part: since the falsification of the ticket was so obligation ---sweepstake ticket ---he still has to suffer the fully brunt of the
obvious, is the consummation of the crime actually impossible? penalty of the law).
Digester’s explanation: the ticket was obviously falsified (as in very patent on its PARAS’ DISSENT: There was an impossible crime. The falsification was
face na spurious siya) hence, it is argued that impossible naman maconsummate inherently inadequate and is certainly to be detected. In short, Balmores could
yung crime of estafa since nobody will give the money in exchange for the ticket not have succeeded in chasing the ticket. In fact, the matter of falsification was
(kasi nga obvious na fake ---as what happened in the case).So question is, do we immediately detected by Miler.Also the fact that only 1/4units of the ticket was
have an impossible crime here? actually issued could’ve proved in court (thus taken judicial notice of) if only
Balmores had counsel to assist him. (Balmores is actually an illiterate and
HELD: during the entire proceeding from the lower court, he waived his right to be
assisted by counsel)
but due to a cause of accident otherthat petitioner’s and his co-accused’s own
spontaneous desistance (Art. 3). Palangpangan did not sleep at her house at
SULPICIO INTOD, petitioner, that time. Had it not been for this fact, the crime is possible.
vs.
HONORABLE COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES, ISSUE: WON he is liable for attempted murder?
respondent.
GR. No. 103119, October 21, 1992 RULING:
CAMPOS, JR., J.: NO. Only impossible crime. Article 4, paragraph 2 is an innovationof the
Revised Penal Code. This seeks to remedy the void in the Old Penal Code
FACTS: where:”. . . it was necessary that the execution of the act has been commenced,
Petitioner, Sulpicio Intod, filed this petition for review of the decision of the that the person conceiving the idea should have set about doing the deed,
Court of Appealsaffirmingin totothe judgment of the RTC, finding him guilty of employing appropriate means in order that his intent might become a reality,
the crime of attempted murder. and finally, that the result or end contemplated shall have been physically
possible. So long as these conditions were not present, the law and the courts
Sulpicio Intod and 3 other men went to Salvador Mandaya’s house to ask him did not hold him criminally liable.”
to go with them to the house of Bernardina Palangpangan. The group had a
meeting with Aniceto Dumalagan who told Mandaya that he wanted This legal doctrine left social interests entirely unprotected.The RPC, inspired
Palangpangan to be killed because of a land dispute between them and that by the Positivist School, recognizes in the offender his formidability,and now
Mandaya should accompany the 4 men otherwise he would also be killed. At penalizes an act which were it not aimed at something quite impossible or
10:00 p.m. of that same day, Intod and companions, all armed with firearms carried out with means which prove inadequate, would constitute a felony
arrived at Palangpangan’s house. Thereafter, petitioner fired at the said room. against person or against property.The rationale of Article 4(2) is to punish
It turned out the Palangpangan was in another city and her home was then such criminal tendencies.Article 4(2) provides and punishes an impossible
occupied by her son-in-law and his family. No one was in the room when the crime—an act which, were it not aimed at something quite impossible or
accused fired. No one was hit by the gunfire. carried out with means which prove inadequate would constitute a felony
against person or family. For this provision to apply, there must be either (1)
The RTC convicted Intod of attempted murder. Intod seeks a modification of legal responsibility, or (2) physical impossibility of accomplishing the intended
the judgment on the ground that he is only liable for an impossible crime Art. act in order to qualify the act as an impossible crime.
4(2). Intod contends that, Palangpangan's absence from her room on the night
he and his companions riddled it with bulletsmade the crime inherently Legal impossibility occurs where the intended acts even if completed, would
impossible. On the other hand, Respondent (People of the Phil) argues that the not amount to a crime. Thus, legal impossibility would apply to those
crime was not impossible instead the facts were sufficient to constitute an circumstances where: (1) the motive, desire and expectation is to perform an
attempt and to convict Intod for attempted murder. Respondent likewise act in violation of the law; (2) there is no intention to perform the physical act;
alleged that there was intent. Further, in its Comment to the Petition, (3) there is a performance of the intended physical act; and (4)the
respondent pointed out that the crime of murder was not consummated, not consequence resulting from the intended act does not amount to a crime.
because of the inherent impossibility of its accomplishment (Art 4 (2), RPC), Factual impossibility occurs when extraneous circumstances unknown to actor
or beyond control prevent consummation of intended crime. Factual Whether or not the penalty imposed for the sentence Maria Orifon is excessive.
impossibility of the commission of the crime is not a defense. If the crimecould RULING:
have been committed had the circumstances been as the defendant believed YES. In view of the horrible wrong which this young woman suffered at the
them to be, it is no defense that in reality, the crime was impossible of hands of her father and of the obviously depressed state of mind and body
commission. Legal impossibility on the other hand is a defense which can be which she must have suffered when she premeditated the act of madness and
invoked to avoid criminal liability for an attempt. revenge for which she is now condemned under the letter of law to suffer life
imprisonment, the court, invoking the provisions of Article 5, second
The factual situation in the case at bar presents a physical impossibility which paragraph of the RPC, submits to the Chief Executive through the Department
rendered the intended crime impossible of accomplishment and under Article of Justice, its sincere opinion that the penalty imposed in this case (and the law
4, paragraph 2 of the Revised Penal Code, such is sufficient to make theact an does not permit any lower penalty) is a clearly excessive penalty, having regard
impossible crime.To uphold the contention of respondent that the offense was to the condition of the accuse and the circumstances which impelled her to
Attempted Murder because the absence of Palangpangan was a supervening commit the crime for which she stands convicted.
cause independent of the actor's will, will render useless the provision in
Article 4, which makesa person criminally liable for an act "which would be an However, the law does not allow the Court for any alternative to lower the
offense against persons or property, were it not for the inherent impossibility penalty. Therefore, Maria Orifon is criminally liable for killing his father.
of its accomplishment …”
FACTS: The judicial power shall be vested in one Supreme Court and in such lower courts
Maria Orifon was sentenced to cadena perpetua for the murder of her father. as may be established by law.
She pleaded guilty to the charge at the preliminary investigation but on the
arraignment upon the information filed in the CFI she pleaded not guilty. The Judicial power includes the duty of the courts of justice to settle actual
principal evidence against the accused consisted of her confession which she controversies involving rights which are legally demandable and enforceable,
wrote out in her own handwriting and in her own dialect (Ilocano). and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
No objection was made by her counsel to the admission of the said confession instrumentality of the Government. (Sec. 1, Art. VIII, 1987 Constitution)
by her counsel.
FACTS:
ISSUE:
Ang Cho Kio was convicted of various offenses and was granted conditional
pardon in 1959. He was never to return to the Philippines. In violation of his
pardon, he returned in 1966 under the name "Ang Ming Huy". However, he was 2. The recommendatory power of the courts in this jurisdiction are limited to
identified by an inspector of the Immigration Bureau. Thus, he was arrested. those expressly provided in the law — and such law is the provision of Section
The Executive Secretary, by authority of the President, ordered him 5 of the Revised Penal Code as follows:
recommitted to prison to serve the unexpired portion of the sentence that Whenever a court has knowledge of any act which it may
were imposed on him, for having violated the conditioned of his pardon. deem proper to repress and which is not punishable by
law, it shall render the proper decision, and shall report to
He filed a petition for habeas corpus which the CFI of Rizal denied. The CA the Chief Executive, through the Department of Justice, the
affirmed the decision but made a recommendation that Ang may be allowed to reasons which induce the court to believe that said act
leave the country on the first available transportation abroad. should be made the subject of penal legislation.
In the same way the court shall submit to the Chief
The Solicitor General filed a motion for reconsideration praying for the Executive, through the Department of Justice such
deletion of the recommendation. The Solicitor General maintains that the statement as may be deemed proper, without suspending
recommendation is not a part of the decision and was uncalled for; that it gives the execution of the sentence, when a strict enforcement of
the decision a political complexion, because courts are not empowered to make the provisions of this Code would result in the imposition of
such a recommendation, nor is it inherent or incidental in the exercise of a clearly excessive penalty, taking into consideration the
judicial powers. He also contends that allowing convicted aliens to leave the degree of malice and the injury caused by the offense.
country is an act of the state exercises solely in the discretion of the Chief Certainly, the recommendation in the majority opinion of the special division of
Executive. It is urged that the act of sending an undesirable alien out of the the CA, now in question, is not authorized under the aforequoted provision of
country is political in character, and the courts should not interfere with, nor Article 5 of the Revised Penal Code. The CA was not called upon to review any
attempt to influence, the political acts of the President. sentence that was imposed on Ang Cho Kio. It was simply called upon to
determine whether Ang Cho Kio was illegally confined, or not, in the insular
ISSUES: penitentiary under the Director of Prisons.
1. Whether or not the decision of the Court of Appeals was proper.
2. Whether or not the Court of Appeals can make recommendations. It was improper for the CA justices to make a recommendation that would
suggest a modification or a correction of the act of the Chief Executive. The
RULING: matter of whether an alien who violated the laws in this country may remain or
1. No. The case before the CA was for habeas corpus. The only question to be be deported is a political question that should be left entirely to the Chief
resolved by the CA was whether, or not, the CFI of Rizal, had rightly dismissed Executive to decide. Under the principle of separation of powers, it is not
the petition of Ang Cho Kio for habeas corpus. The CA was not called upon to within the province of the judiciary to express an opinion, or express a
review any sentence imposed upon Ang Cho Kio. The sentence against him had suggestion, that would reflect on the wisdom or propriety of the action of the
long become final, and, in fact, he was pardoned. The majority opinion should Chief Executive on matters purely political in nature.
have been limited to the affirmance of the decision of the lower court, and no
more. After all, courts are not concerned with the wisdom or morality of laws, but
only in the interpretation and application of the law. We believe that judges execution. But it is not sufficient, for the purpose of imposing penal sanction,
should refrain from expressing irrelevant opinions in their decisions which that an act objectively performed constitute a mere beginning of execution; it is
may only reflect unfavorably upon their competence and the propriety of their necessary to establish its unavoidable connection, like the logical and natural
judicial actuations. relation of the cause and its effect, with the deed which, upon its
consummation, will develop into one of the offenses defined andpunished by
the Code; it is necessary to prove that said beginning of execution, if carried to
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, its complete termination following its natural course, without being frustrated
vs. by external obstacles nor by the voluntary desistance of the perpetrator, will
AURELIO LAMAHANG, defendant-appellant. logically and necessarily ripen into a concrete offense.
GR. No. L-43530, August 3, 1935
RECTO, J.: Thus, in case of robbery, in order that the simple act of entering by means of
force or violence another person's dwelling may be considered an attempt to
FACTS: commit this offense, it must be shown that the offender clearly intended to take
Lamahang was caught by a policeman the act of making an opening with an possession, for the purpose of gain, of some personal property belonging to
iron baron the wall of a store of cheap goods. The accused had only succeeded another. In the instant case, there is nothing in the record from which such
in breaking one board and in unfastening another from the wall, when the purpose of the accused may reasonably be inferred.
policeman showed up, who instantly arrested him and placed him under
custody. The lower court found him guilty of attempted robbery. In offenses not consummated, as the material damage is wanting, the nature of
the action intended (accion fin) cannot exactly be ascertained, but the same
ISSUE: must be inferred from the nature of the acts executed (accion medio).-Acts
Whether or not Aurelio Lamahang is guilty of attempted robbery. susceptible of double interpretation, that is, in favor as well as against the
culprit, and which show an innocent as well as a punishable act, must not and
RULING: cannot furnish grounds by themselves for attempted nor frustrated crimes.
NO. He is guilty of attempted trespass to dwelling. The attempt to commit an
offense which the Penal Code punishes is that which has a logical relation to a
particular, concrete offense; that, which is the beginning of the execution of the THE UNITED STATES, plaintiff-appellee,
offense by overt acts of the perpetrator, leading directly to its realization and vs.
consummation. The attempt to commit an indeterminate offense, inasmuch as PROTASIO EDUAVE, defendant-appellant.
its nature in relation to its objective is ambiguous, is not a juridical fact from GR. No. L-12155, February 2, 1917
the standpoint of the Penal Code. MORELAND, J.:
There is no doubt that in the case at bar it was the intention of the accused to FACTS:
enter Tan Yu's store by means of violence, passing through the opening which Defendant was charged of the crime of rape resulting to the pregnancy of Ms. X
he had started to makeon the wall, in order to commit an offense which, due to who happens to be the daughter of his paramour. Incensed, defendant rushed
the timely arrival of the police, did not develop beyond the first steps of its to the girl and struck here from behind, in part at least, with a sharp bolo
producing a frightful gash in the lumbar region and slightly to the side 8 1/2
inches long and 2 inches deep severing all of the muscles and tissues of that
part. There was no question that defendant was guilty. The only dilemma is the ARISTOTEL VALENZUELA y NATIVIDAD, petitioner,
precise crime of which he should be convicted. vs.
PEOPLE OF THE PHILIPPINES and COURT OF APPEALS, respondent.
ISSUE: GR. No. 160188, June 21, 2007
Whether or not accused should be convicted of frustrated murder. TINGA, J.:
RULING: FACTS:
YES. The accused should be convicted of frustrated murder. Valenzuela and Calderon were charged in an information with the crime of
theft. The two were sighted outside the Super Sale Club (a supermarket within
A felony is frustrated when the offender performs all the acts of execution SM North EDSA) by security guard Lago. Valenzuela, wearing a Receiving
which should produce the felony as a consequence, but which, nevertheless do Dispatching Unit ID, was seen hauling a push cart with cases of Tide (twice)
not produce it by reason of causes independent of the will of the prepetrator. and unloading these cases in an open parking space, where Calderon was
(See Art 3, Revised Penal Code) waiting. Valenzuela then called a cab and the two loaded the cartoons of Tide
and boarded the vehicle. Lago tried to stop them by asking for a receipt, but the
The essential element which distinguishes attempted from frustrated felony is two reacted by fleeing on foot, prompting Lago to fire a warning shot.
that, in the latter, there is no intervention of a foreign or extraneous cause or Valenzuela and Calderon were apprehended and 4 cases of Tide Ultramatic, 1
agency between the beginning of the commission of the crime and the moment case of Ultra 25 grams and 3 cases of detergent were recovered.
all of the acts have been performed which should result in the consummated
crime. While in the former there is such intervention and the offender does not Valenzuela and Calderon pleaded not guilty on arraignment and claimed to be
arrive at the point of performing all the acts which should produce the crime. innocent bystanders. According to Calderon, he went to the said supermarket
with his neighbor Rosulada to withdraw from his ATM. Due to the long queue,
In case of an attempt, the offender never passes the subjective phase of the they decided to buy snacks and went outside after hearing a gunshot. Suddenly,
offense. He is interrupted and compelled to desist by the intervention of they were grabbed by a security guard. As for Valenzuela, he and his cousin
outside causes before the subjective phase is passed. Gregorio were walking in the parking lot to ride a tricycle when they saw Lago
fire a shot. People started running and he was apprehended by Lago. During
In case of frustrated crimes, the subjective phase is completely passed. Valenzuela’s cross-examination, he admitted that he had been employed as a
Subjectively, the crime is complete. Nothing interrupted the offender while he “bundler” of GMS Marketing, “assigned at the supermarket” though not at SM.
was passing throught he subjective phase. The crime, however, is not
consummated by reason of the causes independent of the will of the offender. RTC: Valenzuela and Calderon guilty of consummated theft. The RTC found
He did all that was necessary to commit the crime. If the crime did not result as credible the testimonies of the prosecution witnesses and established the
a consequence it was due to something beyond his control. convictions on the positive identification of the accused as perpetrators of the
crime.
Only Valenzuela filed a brief with CA, causing the dismissal of Calderon’s turn unravel the particular requisite acts of execution and accompanying
appeal. Valenzuela argued in CA that he should only be convicted of frustrated criminal intent. there is only one operative act of execution by the actor
theft since at the time he was apprehended, he was never placed in a position involved in theft ─ the taking of personal property of another. It is also clear
to freely dispose of the articles stolen. CA: affirmed RTC (consummated theft). from the provision that in order that such taking may be qualified as theft,
Valenzuela filed Petition for Review. there must further be present the descriptive circumstances that the taking
was with intent to gain; without force upon things or violence against or
ISSUE: intimidation of persons; and it was without the consent of the owner of the
Whether or not the theft should be deemed as consummated or merely property.
frustrated?
As applied to the present case, the moment Valenzuela obtained physical
RULING: possession of the cases of detergent and loaded them in the pushcart, such
Consummated. Theft is already “produced” upon the “taking of personal seizure motivated by intent to gain, completed without need to inflict violence
property of another without the latter’s consent.” There is no frustrated theft. or intimidation against persons nor force upon things, and accomplished
without the consent of the SM Super Sales Club, Valenzuela forfeited the
Each felony under the Revised Penal Code has a “subjective phase,” or that extenuating benefit a conviction for only attempted theft would have afforded
portion of the acts constituting the crime included between the act which him. The theft would have been frustrated only, once the acts committed by
begins the commission of the crime and the last act performed by the offender petitioner, if ordinarily sufficient to produce theft as a consequence, “do not
which, with prior acts, should result in the consummated crime. After that produce [such theft] by reason of causes independent of the will of the
point has been breached, the subjective phase ends and the objective phase perpetrator.” There are clearly two determinative factors to consider: that the
begins. It has been held that if the offender never passes the subjective phase of felony is not “produced,” and that such failure is due to causes independent of
the offense, the crime is merely attempted. On the other hand, the subjective the will of the perpetrator. The second factor ultimately depends on the
phase is completely passed in case of frustrated crimes, for in such instances, evidence at hand in each particular case. The first, however, relies primarily on
subjectively the crime is complete. a doctrinal definition attaching to the individual felonies in the Revised Penal
Code as to when a particular felony is “not produced,” despite the commission
Truly, an easy distinction lies between consummated and frustrated felonies of all the acts of execution.
on one hand, and attempted felonies on the other. So long as the offender fails
to complete all the acts of execution despite commencing the commission of a So, in order to ascertain whether the theft is consummated or frustrated, it is
felony, the crime is undoubtedly in the attempted stage. Whether a crime is necessary to inquire as to how exactly is the felony of theft “produced.” Parsing
frustrated or consummated necessitates an initial concession that all of the acts through the statutory definition of theft under Article 308, there is one
of execution have been performed by the offender.The critical distinction apparent answer provided in the language of the law —that theft is already
instead is whether the felony itself was actually produced by the acts of “produced” upon the “tak[ing of] personal property of another without the
execution. The determination of whether the felony was “produced” after all latter’s consent.”
the acts of execution had been performed hinges on the particular statutory
definition of the felony. It is the statutory definition that generally furnishes the The ability of the offender to freely dispose of the property stolen is not a
elements of each crime under the Revised Penal Code, while the elements in constitutive element of the crime of theft.It finds no support or extension in
Article 308, whether as a descriptive or operative element of theft or as the With these considerations, we can only conclude that under Article 308 of the
mens rea or actus reus of the felony. To restate what this Court has repeatedly Revised Penal Code, theft cannot have a frustrated stage. Theft can only be
held: the elements of the crime of theft as provided for in Article 308 of the attempted or consummated. The presumed inability of the offenders to freely
Revised Penal Code are: (1) that there be taking of personal property; (2) that dispose of the stolen property does not negate the fact that the owners have
said property belongs to another; (3) that the taking be done with intent to already been deprived of their right to possession upon the completion of the
gain; (4) that the taking be done without the consent of the owner; and (5) that taking. There is no language in Article 308 that expressly or impliedly allows
the taking be accomplished without the use of violence against or intimidation that the “free disposition of the items stolen” is in any way determinative of
of persons or force upon things. whether the crime of theft has been produced.
FACTS: FACTS:
Complainants alleged that a certain Ariel Escobedo was picked up by several One evening in February 2003, Police Officer Lolito Nacnac had an argument
unknown male persons believed to be police officers for allegedly selling drugs. with Police Officer Doddie Espejo within the premises of the Dingras Police
Complainants were instructed to proceed to the Gorordo Police Station. They Station in Dingras, Ilocos Norte. Espejo, who had a history of workplace
met “James” at the Police Station, who demanded from them P100,000.00 violence, was then drunk and was armed with a calibre .45 tucked in his holster
which was later lowered to P40,000.00, in exchange for the release of Ariel. on his right side. Nacnac was armed with a M-16 armalite. At the heat of the
argument, Espejo acted as if to draw his gun. This prompted Nacnac to fire a
The accused was nabbed after an entrapment operation was conducted. The warning shot. Undaunted, Espejo still drew his gun and Nacnac shot Espejo on
accused was later brought to the forensic laboratory where he was required to the head which resulted in Espejo’s death. Nacnac was charged with the death
submit his urine for drug testing. The test yielded a positive result for presence of Espejo. Nacnac invoked self-defense. He was convicted by the trial court as
of dangerous drugs. the latter was not convinced that there was unlawful aggression on the part of
Espejo to justify self-defense on the part of Nacnac.
ISSUE:
Whether or not the drug test conducted upon the petitioner is legal. ISSUE: Whether or not there is unlawful aggression on the part of Espejo.
HELD: RULING: YES. Ordinarily, the cocking of a rifle (gun) without aiming the
NO. The drug test in Section 15 does not cover persons apprehended or firearm at any particular target is not sufficient to conclude that one’s life was
arrested for any unlawful act, but only for unlawful acts listed under in imminent danger. Hence, a threat, even if made with a weapon, or the belief
Article II of the law. that a person was about to be attacked, is not sufficient. It is necessary that the
intent be ostensibly revealed by an act of aggression or by some external acts
The drug test was in violation of the petitioner’s right to privacy and right showing the commencement of actual and material unlawful aggression.
against self-incrimination. It is incontrovertible that petitioner refused to have
his urine extracted and tested for drugs.
But this case is different because Espejo was a trained police officer. Espejo
was inebriated and had disobeyed a lawful order from Nacnac who was his
superior. A warning shot fired by Nacnac was left unheeded as Espejo reached
for his own firearm and pointed it at Nacnac. Nacnac was, therefore, justified in evident premeditation and with intent to kill, did, then and there, wilfully,
defending himself from an inebriated and disobedient colleague. A police unlawfully and feloniously shoot and spray with bullets the jeep driven by
officer is trained to shoot quickly and accurately. A police officer cannot earn Lorenzo de Leon resulting in the deaths of Vicente de Leon, Aldren de Leon 1
his badge unless he can prove to his trainors that he can shoot out of the and Guillermo Tapiador and the wounding with serious gunshot injuries of
holster quickly and accurately. Given this factual backdrop, there is reasonable Racquel Agbuya, Catalina de Leon, Gregoria de Leon and Lorenzo de Leon. The
basis to presume that the appellant indeed felt his life was actually threatened. accused having performed all the acts of execution which would produced (sic)
Facing an armed police officer like himself, who at that time, was standing a the crime of Murder as a consequence but which, nevertheless, did not produce
mere five meters from Nacnac, Nacnac knew that he has to be quick on the it by reason of causes independent of the will of the perpetrators and that is
draw. It is worth emphasizing that Espejo, being a policeman himself, is due to the able and (sic) medical attendance extended to the said victims which
presumed to be quick in firing. prevented their death to the damage and prejudice of the victims and the heirs
of the deceased victims.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, The RTC convicted Zacarias Castillo with 3 counts of murder and 4 counts of
vs. frustrated murder.
MANUEL GUTIERREZ (at large); JUANCHO GUTIERREZ (at large); ESTING
CARIO (at large) and ZACARIAS CASTILLO, defendant-appellant.
GR. No. 137610-11, February 6, 2002
PUNO, J.:
FACTS:
Several men did not live to see daylight at the break of dawn on January 8,
1992. Still several others suffered in the darkness of their fear and coldness of
their pain as they bled. In a rough and deserted road, the accused peppered the
victims' vehicle and bodies with bullets in a matter of minutes.
On March 23, 1992, an information was filed against the accused Manuel
Gutierrez, Juancho Gutierrez, Esting Cario and Zacarias Castillo for the crime of
multiple murder and multiple frustrated murder.
RULING:
YES. There was conspiracy among the accused is unmistakable. Conspiracy may be inferred from the acts of the
perpetrators before, during, and after the crime, which indicate a common design, concerted action and
concurrence of sentiments.24 In the case at bar, the prosecution witnesses saw the four accused in the vicinity of
the crime scene, they (the accused) carried firearms and fired at them, the police recovered empty shells
matching these firearms at the scene of the crime after the firing took place, and all the accused ran towards the
mango trees going to Malicer after the attack. The four accused clearly conspired. When conspiracy is shown, the
act of one is the act of all the conspirators. 25 It is of no import therefore who delivered the fatal shots and the
shots resulting in the injury of the victims as the act of one of the accused is the act of all.
The attack was undoubtedly treacherous. The essence of treachery is the sudden and unexpected attack on an
unsuspecting victim by the perpetrator of the crime, depriving the victim of any chance to defend himself or
repel the aggression, thus insuring its commission without risk to the aggressor and without any provocation on
the part of the victim. 26 Needless to say, the unsuspecting victims in the jeep driven by Lorenzo de Leon were
taken by surprise and had no means to defend themselves. They were simply on their way to attend a hearing in
another town in Pangasinan and had no inkling that such a gruesome attack would befall them at the break of
dawn.
Anent the accused's defense of alibi, suffice it to say that the defense of alibi is inherently weak and easily
fabricated, particularly when it is corroborated by relatives and friends of the accused as in the case at bar. 27
While the defense presented a voucher showing that the accused Castillo worked and was paid for his work at
the Landhaus Property and Development Corporation on the day the crime was committed or on January 8,
1992, such voucher was not identified by the person who issued it, and therefore has no probative value for
being hearsay.28 We note, too, that the accused failed to present his time record despite the opportunity to do so.
The accused Castillo's defense of alibi cannot prevail over the prosecution witnesses' positive testimonies
detailing how they were attacked by the four accused on that fateful day of January 8, 1992. 29crä lä wvirtualibrä ry
We now come to the characterization of the crimes for which the trial court convicted the accused Castillo. The
trial court found the accused Castillo guilty of three counts of murder and four counts of frustrated murder.
While the information charged the accused with the complex crime of multiple murder with multiple frustrated
murder, we agree with the trial court that he should be held guilty of three separate counts of murder in
accordance with prevailing jurisprudence. 30 We, however, find that the trial court erred in convicting the accused
Castillo of four counts of frustrated murder as the evidence on record shows that only Catalina de Leon's gunshot
wounds could have been fatal were it not for the timely medical treatment she received. For this, the accused is
guilty of one count of frustrated murder. As there is a dearth of evidence that Gregoria de Leon, Lorenzo de Leon,
and Racquel Agbuya sustained fatal wounds, it cannot be said that the accused performed the last act necessary
to produce the consummated crime of murder. While the accused may have had the intent to kill these three
victims as manifested by their use of deadly weapons in their attack, the absence of evidence that they sustained
fatal wounds compels us to convict the accused of three counts of attempted murder.