ART.

3 - FELONIES that his team was conducted an investigation when they were
summoned for police assistance by David, under the instruction of
YAPYUCO v. SANDIGANBAYAN Pamintuan, concerning a reported presence of NPA members. He
GR NO. 120744-46 | June 25, 2012 |J. PERALTA then instructed his men to suit up and bring their M-16 rifles.
FELONIES – MISTAKE OF FACT o They met with Pamintuan who informed him that 4 men were seen
carrying guns and they convened at the house of Naron.
DOCTRINE: Pamintuan then announced the approach of the suspects, who
The justification of an act which is otherwise criminal on the basis of a mistake of turned out to be the group of Licup. Yapyuco flagged down the
fact, must preclude negligence or bad faith on the part of the accused. target vehicle but it did not stop which prompted them to fire
warning shots.
FACTS: o He claimed that the shots did not come from his team but the
 There was a shooting incident on April 5, 1998 at San Fernando, Pampanga. Cafgu members from neighboring barangays, who were with
The incident resulted to the death of the Leodevince Licup and injured Noel Pamintuan, but the said shot were only fired after the jeep passed
Villanueva. the road.
 The accused are: o They inspected the jeep and found no firearms.
o Members of the Integrated National Police (INP)  Sandiganbayan: Found Yapyuco, et.al. guilty as co-principals of homicide
 Salvador Yapyuco, Jr. and attempted homicide (instead of the information of murder and
 Generoso Cunanan attempted murder).
 Ernesto Puno o The acts of of the group were willfully under the guise of
o Barangay Captains of Quebiawan and Del Carmen maintaining peace and order and the execution of the plan without
 Jose Pamintuan risk to themselves was a clear intent to kill the occupants of the
 Mario Reyes jeep.
o Members of the Civil Home Defense Force and civilian volunteer o In addition, the defense of mistaken belief has no ground because
officers of Barangay Quebiawan: there was no showing that they had sufficient basis or probable
 Ernesto Puno cause to rely fully on Pamintuan’s report that the victims were NPA
 Andres Reyes members and they had no evidence to preclude ulterior motives or
 Virgilio Manguerra gross negligence in their actions.
 Carlos David o The shooting incident was not a product of a well-planned and
 Ruben Lugtu well-coordinated police operation but a result of a hidden agenda
 Moises Lacson by Pamintuan and Reyes or a hasty and amateurish attempt to
 Renato Yu gain commendation.
 Jaime Pabalan o Circumstantial evidence of culpability of the Yapyuco group:
 The accused were all acting on an information about the alleged presence nature and location of the bullet holes, gunshot wounds of the
of NPAs in the area. They conducted surveillance in the barangay. victims, number, location and trajectory of the bulled, strategic
 Version of the Prosecution: placement of the accused, deliberate shutting off of the lights in
o The group of Licup were at the residence of one Salangsang as the nearby houses and lamppost; and positive ballistic findings.
guest at the barrio fiesta celebration. The left his house at around  On appeal, Yapyuco invoked the concept of mistake of fact and attributed
7:30PM. They were on board a Tamaraw jeepney, with Villanueva to Pamintuan the responsibility on why, he and the other accused
driving the jeep and Licup at the passenger seat. As they were entertained the belief that the suspects were armed rebels.
approaching a curve on the road, they were suddenly met with a
burst of gunfire and Villanueva and Licup were wounded. ISSUE:
o Flores (another member of the Licup group), claimed that after the Whether or not there was mistake of fact in act of Yapyuco, et.al.?
shooting he saw Pamintuan at the house of a certain Naron which
was located at the end of the curve. He told Pamintuan that they HELD:
were employees of San Miguel Corporation. NO. Mistake of fact is a misapprehension of a fact which, if true, would have justified
o Salangsang affirmed that Licup’s group was his visitors and heard the act or omissions which is the subject of the prosecution. Generally, a reasonable
the gunshot and also saw Pamintuan and other men in Naron’s mistake of fact is a defense to a charge of crime where it negates the intent
house. He claims that the scene (the curve) because the electric component of the crime. It may be a defense even if the offense charged requires
post was strangely not lit and the neighboring houses was not proof of only general intent. The inquiry is into the mistaken belief of the defendant
illuminated. and does not look at all to the belief or state of mind of any other person.
 Version of the Defense:
o Only Yapyuco took the stand for the defense. He identified himself Mistake of fact to be invoked requires the ff.:
as the commander of the Sindalan Police Substation. He claimed a. That the mistake be honest and reasonable;
b. That it be a matter of fact; and
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 c. That it negate the culpability required to commit the crime or the existence  Villacorta pleaded not guilty and denied stabbing Cruz. He recounted that
of the mental state which the statute prescribes with respect to an element he was on his way home from work at around 2am. Upon arriving home,
of the offense. Villacorta drank coffee then went outside to buy cigarettes at a nearby
store. When Villacorta was about to leave the store, Cruz put his arm
As held in US v. Ah Chong: “The maxim of Ignorantia facti excusat (“Ignorance of around Villacorta’s shoulder. This prompted Villacorta to box Cruz, after
mistake in point of fact is, in all cases of supposed offense, a sufficient excuse”). which, Villacorta went home. Villacorta did not notice that Cruz got hurt.
Since evil intent is in general an inseparable element in every crime, any such Villacorta only found out about Cruz’s death upon his arrest on 31 July
mistake of fact as shows the act committed to have proceeded from no sort of evil in 2002.
the mind necessarily relieves the actor from criminal liability, provided always there  RTC found Villacorta guilty of murder, qualified with treachery. CA affirmed
is no fault or negligence on his part and as laid down by Baron Parke, “The guilt of in toto.
the accused must depend on the circumstances as they appear to him.”
ISSUE #1: W/N the stabbing was the proximate cause of Cruz’s death, thereby
As applied in this case, there can be no valid defense of mistake of fact. In addition, making Villacorta liable for murder.
the acts of the officers exceeded their duties and was not a necessary consequence
of its fulfillment. A law enforces is justified in using force as is reasonably necessary HELD #2: No. The proximate death of Cruz was his severe tetanus
to secure and detain the offender, overcome resistance, prevent escape, recapture infection. Villacorta is guilty of slight physical injuries.
and protect himself. However, it does not justify the use of unnecessary force or  SC held that there was merit in the argument proferred by Villacorta that in
resorting to dangerous means to effect an arrest. It must be noted that the the event he is found to have indeed stabbed Cruz, he should only be held
circumstances surrounding this case showed that there was no immediate danger liable for slight physical injuries for the stab wound he inflicted upon Cruz.
against Yapyuco’s group from Licup’s group which warrants the force they used. The proximate cause of Cruz’s death is the tetanus infection, and not the
Further, there was no sufficient basis to rely on Pamintuan’s report that indeed stab wound.
Licup’s group was NPA.  Proximate cause has been defined as “that cause, which in natural and
continuous sequence, unbroken by any efficient intervening cause,
produces the injury, and without which the result would not have occurred.”
ART. 4 – CRIMINAL LIABILITY  In this case, immediately after he was stabbed by Villacorta, Cruz was
rushed to and treated as an out-patient at the Tondo Medical Center. Cruz
PEOPLE OF THE PHILIPPINES v. ORLITO VILLACORTA was admitted to the San Lorenzo Hospital for symptoms of severe tetanus
GR NO. 186412 | 7 September 2011 | Leonardo-De Castro, J. infection, where he died the following day. The prosecution did not present
Criminal Liability – Wrongful Act Different from that Intended evidence of the emergency medical treatment Cruz received at the Tondo
Medical Center, subsequent visits by Cruz to Tondo Medical Center or any
DOCTRINE: The intent must be proved in a clear and evident manner to exclude other hospital for follow-up medical treatment of his stab wound, or Cruz’s
every possible doubt as to the homicidal or murderous intent of the aggressor. The activities between 23 January to 14 February.
onus probandi lies not on the accused but on the prosecution. The inference that the  There had been an interval of 22 days between the date of the stabbing
intent to kill existed should not be drawn in the absence of circumstances sufficient and the date when Cruz was rushed to the hospital, exhibiting symptoms of
to prove this fact beyond reasonable doubt. severe tetanus infection. If Cruz acquired severe tetanus infection from the
stabbing, then the symptoms would have appeared a lot sooner than 22
FACTS: days later. As the Court noted in Urbano v. IAC, severe tetanus infection
 Witness Cristina Mendeja (Mendeja) narrated that on 23 January 2002, she has a short incubation period, less than 14 days; and those that exhibit
was tending her sari-sari store in Navotas. Both Danilo Salvador Cruz (Cruz) symptoms with 2-3 days from the injury, have 100% mortality. Ultimately,
and Orlito Villacorta (Villacorta) were regular customers of Mendeja’s store. the Court can only deduce that Cruz’s stab wound was merely the remote
At around 2am, while Cruz was ordering bread at Mendeja’s store, cause, and its subsequent infection with tetanus might have been the
Villacorta suddenly appeared and, without uttering a word, stabbed Cruz on proximate cause of Cruz’s death. The infection of Cruz’s stab wound by
the left side of Cruz’s body using a sharpened bamboo stick. The bamboo tetanus was an efficient intervening cause later or between the time Cruz
stick broke and was left in Cruz’s body. Immediately after the stabbing was stabbed to the time of his death.
incident, Villacorta fled. Mendeja chased but failed to catch Villacorta.  However, Villacorta is not totally without criminal liability. Villacorta is guilty
When Mendeja returned to her store, she saw her neighbor Aron removing of slight physical injuries under RPC 266(1) for the stab wound inflicted
the broken bamboo stick from Cruz’s body. Mendeja and Aron then brought upon Cruz. Although the charge in the instant case is for murder, a finding
Cruz to Tondo Medical Center. of guilt for the lesser offense of SPI may be made considering that the latter
 Witness Dr. Domingo Belandres, Jr. (Dr. Belandres), Head of the Tetanus offense is necessarily included in the former since the essential ingredients
Department at the San Lazaro Hospital, treated Cruz as an out-patient. Cruz of SPI constitute and form part of those constituting the offense of murder.
was only brought to the hospital on 14 February, where he died the  The Court cannot hold Villacorta criminally liable for attempted or
following day on 15 February. While admitting that he did not personally frustrated murder because the prosecution was not able to establish
treat Cruz, Dr. Belandres was able to determine, using Cruz’s medical chart Villacorta’s intent to kill.
and diagnosis, that Cruz died of tetanus infection secondary to stab wound.

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  [DOCTRINE] When such intent is lacking but wounds were inflicted, the  The call was received by another Mega Foam employee, Ricablanca.
crime is not frustrated murder but physical injuries only. Ricablanca then called Anita Valencia, another former Mega Foam
 There was no other evidence to establish that Cruz was incapacitated for employee and the Capitles’ neighbor, to relay to Jacqueline the issue
labor and/or required medical attendance for more than 9 days. Without regarding the check.
such evidence, the offense is only slight physical injuries.  Valencia informed Ricablanca that the check was from Baby Aquino and
instructed Ricablanca to advice Aquino to replace the check with cash. The
ISSUE #2: W/N there was treachery in stabbing Cruz. cash was meant to be divided among Jacinto, Valencia, Jacqueline, and
Ricablanca.
HELD #2: Yes, there was treachery.  However, Ricablanca was advised by Mega Foam’s accountant to inform
 The Court still appreciated treachery as an aggravating circumstance, it the owner, Dyhengco, about the criminal plot of Jacinto’s group.
being sufficiently alleged in the Information and proved during trial.  Upon learning of the plot, Dyhengco filed a complaint with the National
 Treachery exists when an offender commits any of the crimes against Bureau of Investigation.
persons, employing means, methods, or forms which tend directly or  An entrapment operation was conducted which led to the arrest of Jacinto,
especially to ensure its execution, without risk to the offender, arising from Valencia, and Jacqueline.
the defense that the offended party might make. This definition sets out o On the August 21, 2007, Ricablanca went to Jacinto’s house, where
what must be shown by evidence to conclude that treachery existed, she met Jacinto and Jacqueline. Jacinto, her husband, and
namely: (1) the employment of such means of execution as would give the Ricablanca went to the house of Valencia, but Jacqueline decided
person attacked no opportunity for self-defense or retaliation; and (2) the not to go with them because she decided to go shopping. Upon
deliberate and conscious adoption of the means of execution. arriving at Baby Aquino’s house, Ricablanca entered the premises,
 To reiterate, the essence of qualifying circumstance is the suddenness, pretending that she was getting cash from Baby Aquino. However,
surprise, and the lack of expectation that the attack will take place, thus, the cash she got was the marked money used by the NBI.
depriving the victim of any real opportunity for self-defense while ensuring Ricablanca divided the money and gave it to Valencia, and Jacinto.
the commission of the crime without risk to the aggressor. Likewise, even Thereafter, Jacinto and Valencia were arrested by NBI agents, who
when the victim was forewarned of the danger to his person, treachery may had been watching the whole time.
still be appreciated since what is decisive is that the execution of the attack  Jacinto, and Valencia denied the charges filed against them and contended
made it impossible for the victim to defend himself or to retaliate. that it was Ricablanca who plotted the whole thing.
 RTC: convicted Jacinto, Valencia, and Jacqueline for qualified theft. CA
CA DECISION REVERSED AND SET ASIDE. VILLACORTA GUILTY BEYOND Affirmed
REASONABLE DOUBT OF THE CRIME OF SLIGHT PHYSICAL INJURIES.
ISSUE: Whether or not petitioner was guilty qualified theft
JACINTO v. PEOPLE
G.R. No. 162540 | July 13, 2009 | Peralta, J. HELD: NO. The petitioner is only guilty of an IMPOSSIBLE CRIME.
Criminal Liability – Impossible Crimes
The requisites of an impossible crime are:
DOCTRINE: The requisites of an impossible crime are: (1) that the act performed 1. That the act performed would be an offense against persons or property;
would be an offense against persons or property; (2) that the act was done with evil 2. That the act was done with evil intent; and
intent; and (3) that its accomplishment was inherently impossible, or the means 3. That its accomplishment was inherently impossible, or the means
employed was either inadequate or ineffectual. employed was either inadequate or ineffectual.

FACTS: The aspect of the inherent impossibility of accomplishing the intended crime under
 Petitioner Gemma Jacinto, along with two other women, Anita de Valencia Article 4(2) of the Revised Penal Code was further explained by the Court in Intod in
and Jacqueline Capitle, was charged before RTC-Caloocan with the crime of this wise: Under this article, the act performed by the offender cannot produce an
Qualified Theft. offense against persons or property because: (1) the commission of the offense is
 Jacinto was the collector of Mega Foam Int’l while Jacqueline was the sister inherently impossible of accomplishment; or (2) the means employed is either (a)
of Jacinto. inadequate or (b) ineffectual. That the offense cannot be produced because the
 Sometime in June, Isabelita Aquino Milabo (also known as Baby Aquino) commission of the offense is inherently impossible of accomplishment is the focus of
handed a BDO Check with the amount of Php 10,000 to Jacinto for the this petition. To be impossible under this clause, the act intended by the offender
payment of Baby Aquino’s purchases from Mega Foam Int’l. must be by its nature one impossible of accomplishment. There must be either (1)
 The check was deposited in the Land Bank account of Generoso Capitle, the legal impossibility, or (2) physical impossibility of accomplishing the intended act in
former pricing, merchandising and inventory clerk of Mega Foam. Generoso order to qualify the act as an impossible crime. Legal impossibility occurs where the
was also the brother-in-law of Jacinto. intended acts, even if completed, would not amount to a crime.
 Later in July, Land Bank called Mega Foam to inform them that the BDO
check was dishonored. The fact that petitioner was later entrapped receiving the P5,000.00 marked money,
which she thought was the cash replacement for the dishonored check, is of no
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moment. The Court held in Valenzuela v. People (525 SCRA 306 [2007]) that under  Thereafter, petitioner Intod, Pangasian, Tubio, and Daligdig fired at said
the definition of theft in Article 308 of the Revised Penal Code, “there is only one room.
operative act of execution by the actor involved in theft—the taking of personal  It turned out, however, that Palangpangan was in another city and her
property of another.” Elucidating further, the Court held, thus: x x x Parsing through home was then occupied by her son-in-law and his family.
the statutory definition of theft under Article 308, there is one apparent answer  No one was in the room when the accused fired the shots. Hence, no one
provided in the language of the law—that theft is already “produced” upon the was hit by the gun fire.
“tak[ing of] personal property of another without the latter’s consent.”  RTC convicted Intod of attempted murder. CA Affirmed

There can be no question that as of the time that petitioner took possession ISSUE: Whether or not the act committed by Intod and his accomplices constitutes
of the check meant for Mega Foam, she had performed all the acts to an Impossible Crime
consummate the crime of theft, had it not been impossible of
accomplishment in this case. The circumstance of petitioner receiving the HELD: YES. That the offense cannot be produced because the commission of the
P5,000.00 cash as supposed replacement for the dishonored check was no offense is inherently impossible of accomplishment is the focus of this petition.
longer necessary for the consummation of the crime of qualified theft.
Obviously, the plan to convince Baby Aquino to give cash as replacement for the To be impossible under this clause, the act intended by the offender must be by its
check was hatched only after the check had been dishonored by the drawee bank. nature one impossible of accomplishment. There must be either (1) legal
Since the crime of theft is not a continuing offense, petitioner’s act of receiving the impossibility, or (2) physical impossibility of accomplishing the intended act in order
cash replacement should not be considered as a continuation of the theft. At most, to qualify the act as an impossible crime.
the fact that petitioner was caught receiving the marked money was
merely corroborating evidence to strengthen proof of her intent to gain. Legal Impossibility vs. Factual Impossibility

Moreover, the fact that petitioner further planned to have the dishonored check Legal impossibility occurs where the intended acts, even if completed, would not
replaced with cash by its issuer is a different and separate fraudulent scheme. amount to a crime. Thus: Legal impossibility would apply to those circumstances
Unfortunately, since said scheme was not included or covered by the allegations in where (1) the motive, desire and expectation is to perform an act in violation of the
the Information, the Court cannot pronounce judgment on the accused; otherwise, it law; (2) there is intention to perform the physical act; (3) there is a performance of
would violate the due process clause of the Constitution. If at all, that fraudulent the intended physical act; and (4) the consequence resulting from the intended act
scheme could have been another possible source of criminal liability. does not amount to a crime. Legal impossibility, on the other hand, is a defense
which can be invoked to avoid criminal liability for an attempt. On the other hand,
IN VIEW OF THE FOREGOING, the petition is GRANTED. The Decision of the Court of factual impossibility occurs when extraneous circumstances unknown to the actor
Appeals, dated December 16, 2003, and its Resolution dated March 5, 2004, are or beyond his control prevent the consummation of the intended crime. One
MODIFIED. Petitioner Gemma T. Jacinto is found GUILTY of an IMPOSSIBLE CRIME as example is the man who puts his hand in the coat pocket of another with the
defined and penalized in Articles 4, paragraph 2, and 59 of the Revised Penal Code, intention to steal the latter’s wallet and finds the pocket empty. Factual impossibility
respectively. Petitioner is sentenced to suffer the penalty of six (6) months of the commission of the crime is not a defense. Factual impossibility of the
of arrresto mayor, and to pay the costs commission of the crime is not a defense

INTOD v. CA In the Philippines, the Revised Penal Code, in Article 4(2), expressly provided for
G.R. No. 103119 | October 21, 1992| Campos, Jr., J. impossible crimes and made them punishable. Whereas, in the United States, the
Criminal Liability – Impossible Crimes Code of Crimes and Criminal Procedure is silent regarding this matter. What it
provided for were attempts of the crimes enumerated in the said Code. Furthermore,
DOCTRINE: To be impossible, the act intended by the offender must be by its in said jurisdiction, the impossibility of committing the offense is merely a defense to
nature one impossible of accomplishment. The impossibility of accomplishing the an attempt charge. In this regard, commentators and the cases generally divide the
criminal intent is not merely a defense, but an act penalized by itself. impossibility defense into two categories: legal versus factual impossibility.

FACTS: In American law, there is no such thing as an impossible crime. However, in our
 On February 4, 1979, petitioner Sulpicio Intod, along with Santos Tubio and jurisdiction, impossible crimes are recognized. The impossibility of
Avelino Daligdig went to Mandaya’s house and asked Mandaya to go with accomplishing the criminal intent is not merely a defense, but an act
them to the house of Bernardina Palangpangan penalized by itself. Furthermore, the phrase “inherent impossibility” that is found
 Mandaya, Intod, Pangasian, Tubio, and Daligdig had a meeting with Aniceto in Article 4(2) of the Revised Penal Code makes no distinction between factual or
Dumalagan. Dumalagan told Mandaya that he wanted Palangpangan to be physical impossibility and legal impossibility. Ubi lex non distinguit nec nos
killed because of a land dispute between them and that Mandaya should distinguiere debemos.
accompany the four (4) men, otherwise, he would also be killed.
 Petitioner, Mandaya, Pangasian, Tubio and Daligdig, all armed with The factual situation in the case at bar presents a physical impossibility which
firearms, arrived at Palangpangan's house rendered the intended crime impossible of accomplishment. And under Article 4,
 Mandaya pointed the location of Palangpangan's bedroom.

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paragraph 2 of the Revised Penal Code, such is sufficient to make the act an eating that they heard the gunshot fired by Lago and they were
impossible crime. suddenly grabbed when they went outside of the supermarket
o Valenzuela claims that he had been at the parking lot and was
WHEREFORE, PREMISES CONSIDERED, the petition is hereby GRANTED, the about to board a trike when they heard the gunshot and he was
decision of respondent Court of Appeals holding Petitioner guilty of Attempted apprehended after.
Murder is hereby MODIFIED. WE hereby hold Petitioner guilty of an impossible crime  RTC convicted both as it found credible the testimonies of the prosecution
as defined and penalized in Articles 4, paragraph 2, and 59 of the Revised Penal witnesses and positive identification of the accused as perpetrators of the
Code, respectively. Having in mind the social danger and degree of criminality crime.
shown by Petitioner this Court sentences him to suffer the penalty of six (6) months  In the CA, Petitioner argued that the should only be convicted of frustrated
of arresto mayor, together with the accessory penalties provided by the law, and to theft since he was never placed in a position to freely dispose of the stolen
pay the costs. goods.
o CA affirmed conviction

ART. 6 – STAGES OF EXECUTION ISSUE:

Whether or not Petitioner should be guilty of only frustrated theft.
VALENZUELA v. PEOPLE
GR NO. 160188 | June 21, 2007 | J. Tinga HELD:
Stages of Execution No, in this case the SC decided with finality that there can be no crime of frustrated
theft.
DOCTRINE:  RPC Art. 6: A felony is consummated when all the elements necessary for
There is no more crime of frustrated theft. The crime of theft is consummated for as its execution and accomplishment are present. It is frustrated when the
long as there is unlawful taking of property of another. The ability of the offender to offender performs all the acts of execution which would produce the felony
freely dispose of the property taken should not be used to determine that there is a as a consequence but which, nevertheless, do not produce it by reason of
crime of frustrated theft. causes independent of the will of the perpetrator. It is attempted when the
offender commences the commission of a felony directly by overt acts, and
FACTS: does not perform all the acts of execution which should produce the felony
 An information was filed charging Petitioner Valenzuela and Calderon with by reason of some cause or accident other than his own spontaneous
the crime of theft desistance.
o Petitioner and Calderon were sighted outside the SM North EDSA  The critical distinction between consummated and frustrated felony is
Super Sale Club by Lago, the security guard that was manning the whether the felony was produced after all the acts of execution had been
open parking are of the supermarket. performed.
o Lago saw Petitioner wearing and ID with the mark “Receiving  In the crime of theft, there is only one operative act of execution – the
Dispatching Unit (RDU)” hauling a push cart with cases of Tide. taking of personal property of another. Elements of theft are as follows:
Petitioner unloaded these in an open parking space where o Taking of personal property
Calderon was waiting. He then returned inside the supermarket o Said property belongs to another
and came out with more cartons of Tide which he also unloaded in o Taking be done with intent to gain
the same open parking space. o Taking was done without the consent of the owner
o Petitioner then got a cab and directed it towards the said parking
o Taking be accomplished without the use of violence against or
space where Calderon loaded the cartons of Tide inside the taxi
intimidation of persons or force upon things.
and boarded the vehicle after.
 Parsing through such, there is only one conclusion that one can make: that
o Lago asked Petitioner for the receipt of the merchandise and their
the theft is already produced upon the taking of personal property of
reaction was to flee the scene on foot. However, Lago was able to
another without the latter’s consent.
fire a warning shot alerting his fellow security guards. Due to this,
o The cases of People v. Adiao and People v. Sobrevilla are
Petitioner and Calderon were apprehended and the stolen
instructive that there is no frustrated theft.
merchandise was recovered.
o However, the cases of People v. Diño and People v. Flores illustrate
 It appears from the police investigation records that apart from petitioner
that there is such a crime as frustrated theft.
and Calderon, 4 other persons were apprehended. However only Petitioner
 People v. Diño: The ability of the actor to freely dispose of
and Calderon were charged with theft.
the items stolen at the time of the apprehension is
 They pleaded not guilty on arraignment and during trial they both claimed
determinative as to whether the theft is consummated or
that they were just innocent bystanders and that they were haled by the
frustrated.
security guards after commotion.
 Unlawful taking is most material in this respect. Unlawful taking is the
o Lago claims that he was withdrawing from the ATM but then
element which produces the felony in its consummated stage. At the same
decided to buy snacks while inside the supermarket. It was while

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 time, without unlawful taking as an act of execution, the offense could only mere planning or preparation, which if carried out to its complete
be attempted theft, if at all. termination following its natural course, without being frustrated
by external obstacles nor by the voluntary desistance of the
Baleros, Jr. V. PP perpetrator, will logically and necessarily ripen into a concrete
G.R. No. 138033 | January 30, 20077 | GARCIA, J. offense
Stages of Execution o IT CANNOT BE OVEREMPHASIZED that MALOU was fully clothed
and there was NO ATTEMPT on his part to undress MALOU, let
DOCTRINE: alone touch her private parts. For reason what reason petitioner
(1) From the 2006 Decision: Overt or external acct has been defined as wanted the complainant unconscious, if that was really his
some physical or deed, indicating the intention to commit a particular immediate intention, is anybody’s guess.
crime, more than a mere planning or preparation, which if carried out to its  NOW WE GO TO THE RESOLUTION:
complete termination following its natural course, without being frustrated o BALEROS’ really not wanting to serve jail time (was held guilty of
by external obstacles nor by the voluntary desistance of the perpetrator, unjust vexation with a penalty of Arresto Menor, with prison time
will logically and necessarily ripen into a concrete offense of 30 days and fine of P200 Kape lang to eh) Argued that Light
(2) From the Resolution: The paramount question [in a prosecution for Coercion or Unjust Vexation was not alleged in the complaint not
unjust vexation] is whether the offender's act causes annoyance, irritation, information.
torment, distress, or disturbance to the mind of the person to whom it is
directed. That Malou, after the incident in question, cried while ISSUE:
relating to her classmates what she perceived to be a sexual attack and the Whether or not Renato Baleros may be held guilty of Unjust Vexation?
fact that she filed a case for attempted rape proved beyond cavil that she
was disturbed, if not distressed, by the acts of the petitioner. HELD:
YEP.
FACTS:
(The case in the syllabus pointed to the RESOLUTION, but putting here the earlier Petitioner argues, however, that the Information, as quoted above, does not allege
DECISION para cute) that the complained act of covering the face of the victim (Malou) with a piece of
 Early Morning of December 1991, Renato BALEROS went to the dormitory cloth soaked in chemical caused her annoyance, irritation, torment, distress and
of Martina Lourdes ALBANO (MALOU). He placed himself on top of her tapos disturbance. We wish to stress that malice, compulsion or restraint need not be
naglagay siya ng panyo na may chloroform (pampatulog). Malou was able alleged in an Information for unjust vexation. Unjust vexation
to escape by being able to grab BALEROS’ dick and squeezing it. exists even without the element of restraint or compulsion for the reason that the
 MALOU, in despair, sought the comfort of Marvilou and made kwento of the term is broad enough to include any human conduct which, although not productive
happening. She told her “May pumasok sa kuarto ko at pinagtangkaan of some physical or material harm, would unjustly annoy or irritate
ako.” And subsequently reported to the police. an innocent person.[4] As pointed out in the Decision sought to be reconsidered:
 The next day, the police told the tenants to grab their things and clear the
dormitory. Everything was removed except for a BAG, which was The paramount question [in a prosecution for unjust vexation] is whether the
instantaneously recognized by a certain Christian to be BALEROS’. And offender's act causes annoyance, irritation, torment, distress, or disturbance to the
inside the bag was a handkerchief with a violative substance. (Nalaman din mind of the person to whom it is directed. That Malou, after the incident in question,
pala na manliligaw pala ni Malou si Baleros). cried while relating to her classmates what she perceived to be a sexual attack and
 RTC: Guilty of ATTEMPTED RAPE the fact that she filed a case for attempted rape proved beyond cavil that she was
 CA: AFFIRMED disturbed, if not distressed, by the acts of the petitioner.
 SC DECISION: Modified ATTEMPTED RAPE and held BALEROS’ guilty of
UNJUST VEXATION. For being a mere rehash of those already passed upon and found to be without merit
o Rape is committed by a man who has carnal knowledge or in the Decision sought to be reconsidered, the other grounds relied upon by the
intercourse with a woman by petitioner in his Motion for Partial Reconsideration in support of his plea for a
I. Using force or intimidation complete acquittal need not be belabored anew.
II. Woman is deprived of reason or otherwise unconscious and
III. When woman is under 12. WHEREFORE, the motion under consideration is DENIED with FINALITY.
o Under Art 6, in re to the aforementioned article of the same code SO ORDERED.
rape is attempted when the offender commences the commission
of rape directly BY OVERT ACTS and DOES NOT PERFORM all acts PEOPLE VS ALMAZAN
of execution which should produce the crime by reason of some G.R. Nos. 138943-44 | September 17, 2001 | J Bellosillo
cause or accident OTHER than his own spontaneous desistance. TOPIC: STAGES OF EXECUTION
o Overt or external acct has been defined as some physical or deed,
indicating the intention to commit a particular crime, more than a DOCTRINE

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For the charge of frustrated murder to flourish, the victim should sustain a RATIO
fatal wound that could have caused his death were it not for timely medical  Nevertheless, we find that the accused-appellant should be held liable
assistance. According to jurisprudence, if the victim was wounded with an for attempted murder, not frustrated murder. For the charge of frustrated
injury that was not fatal, and could not cause his death, the crime would murder to flourish, the victim should sustain a fatal wound that could
only be attempted.18 The observation that the conviction should be for slight have caused his death were it not for timely medical assistance. This is
physical injuries only is likewise improper as the accused-appellant was not the case before us. The court a quo anchored its ruling on the
motivated by the same impetus and intent, i.e., to exact vengeance and statement of Dr. Ticman on cross-examination that the wound of Noel
even kill, if necessary, when he shot Noel Madriaga. The fact that the wound could catch infection or lead to his death if not timely and properly
was merely a minor injury which could heal in a week becomes treated. However, in his direct testimony, Dr. Ticman declared that the
inconsequential. wound was a mere minor injury for which Noel, after undergoing
treatment, was immediately advised to go home.15 He even referred to
FACTS the wound as a slight physical injury that would heal within a week 16
1. This is an appeal from the Joint Decision1 of the trial court declaring and for which the victim was in no danger of dying .
accused-appellant Henry Almazan guilty of murder and frustrated murder  Clear as the statement is, coupled with the fact that Noel was indeed
2. It traces its origin to two (2) Informations charging Henry Almazan with immediately advised to go home as he was not in any danger of death,
shooting Noli S. Madriaga with a handgun, aggravated by treachery and we have no reason to doubt the meaning and implications of Dr.
evident premeditation, which caused the latter's death; and with shooting Noel Ticman's statement. His statement that Noel could catch infection was
Madriaga with the same handgun which would have produced the latter's based on pure speculation rather than on the actual nature of the
death if not for timely medical attendance wound which was a mere minor injury , hence, not fatal.
3. While a chess game was underway between the victims and a few of their  According to jurisprudence, if the victim was wounded with an injury that
friends, Henry Almazan unexpectedly arrived and brandished a .38 caliber was not fatal, and could not cause his death, the crime would only be
revolver in front of the group. Almazan's fighting cocks had just been stolen attempted.18 The observation that the conviction should be for slight
and he suspected Angel, one of the spectators, to be the culprit. He shot physical injuries only is likewise improper as the accusedappellant was
Angel twice but failed. motivated by the same impetus and intent, i.e., to exact vengeance and
4. Vicente Madriaga stood up and tried to calm down Henry, but the latter even kill, if necessary, when he shot Noel Madriaga. The fact that the
refused to be pacified. Angel ran away and Henry aimed his gun instead at wound was merely a minor injury which could heal in a week becomes
Noli. Henry shot Noli at the left side of his stomach sending him immediately inconsequential.
to the ground. Henry then turned on Noel and shot him on the left thigh. Noel
managed to walk lamely but only to eventually fall to the ground. Thereafter, PEOPLE v. LISTERIO
Vicente Madriaga called on his neighbors who brought Noli and Noel to the G.R. No. 122099| July 5, 2000 | Ynares - Santiago, J.
hospital. Noli however died before reaching the hospital, while Noel survived STAGES OF EXECUTION - FRUSTRATED
his injuries.
5. Dr. Misael Jonathan Ticman, attending physician of Noel, in turn declared DOCTRINE:
that the gunshot wound on the left thigh of Noel was a minor injury that Frustrated When the subjective phase is completely passed and
would heal in a week.4 Noel was never admitted in the hospital as his subjectively the crime is complete.
doctor sent him home the same day.5 On cross-examination, Dr. Ticman 1. The offender has performed all the acts of execution
testified that if not medically treated the wound might get infected or lead to which would produce the felony.
the victim's death. 2. The felony is not produced due to causes independent
6. Witnesses for the defense narrated a different version. They pointed to of the perpetrator’s will.
Angel Soliva instead as the person to blame for Noli Madriaga's death while
justifying Noel Madriaga's wound as a result of self-defense. FACTS:
7. accused-appellant contends that the trial court erred in holding him guilty  Criminal Case No. 91-5842 and Criminal Case No. 91-5843 were filed
of frustrated murder as the wound sustained by Noel Madriaga was not fatal against Agapito Listerio y Prado and Samson dela Torre y Esquela
that could have caused his death if not for timely medical assistance.  Upon arraignment, accused Agapito Listerio y Prado and Samson dela Torre
Moreover, accused-appellant claims that he shot Noel only to forestall any y Esquela pleaded not guilty to the crimes charged.
attack on him and not to kill Noel intentionally.  Version of the Prosecution from Marlon Araque as witness: Around
5:00pm, Marlon and his brother Jeonito were in Purok 4, Alabang,
ISSUE Muntinlupa to collect a sum of money from Tino. Having failed to collect
W/N the court erred in holding accused guilty of frustrated murder? anything from them, they returned back and as they were passing Tramo
near Tino’s place, a group, composed of Agapito Listerio, Samson dela
HELD Torre, George dela Torre, Marlon dela Torre and Bonifacio Bancaya blocked
YES, IT SHOULD HAVE BEEN ATTEMPTED MURDER ONLY. their path and attacked them with lead pipes and bladed weapons.
COURT MODIFIED DECISION FINDING ACCUSED GUILTY OF ATTEMPTED MURDER. o Jeonito Araque was stabbed from behind with 3 stab wounds:

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1. upper right portion of his back, 2. lower right portion and 3. middle portion of the phase is objective.
left side of his back causing him to fall down. Objective Forward the subjective phase. That period occupied by the acts
o Marlon was hit on the head by Samson dela Torre and Bonifacio phase of the offender over which he has control – that period between
Bancaya with lead pipes and momentarily lost consciousness. the point where he begins and the point where he voluntarily
o When he regained consciousness 3 minutes later, Jeonito was desists
already dead and the group fled. He was brought to the hospital Period If between these two points the offender is stopped by reason of
for treatment of his forearm and the shoulder between the any cause outside of his own voluntary desistance, the
 Version of the accused, Agapito Listerio: Agapito Listerio is a 39 years point where subjective phase has not been passed and it is an attempt. If
old, married, side walk vegetable vendor and a resident of Purok 4. That at he begins he is not so stopped but continues until he performs the
1:00 pm: He was in store of Nimfa Agustin drinking beer with Edgar and the last act, it is frustrated
Demolador and Andres Gininao. At 2:00 pm: He went to his house and point where
slept. At 5:00 pm: Remolador and Gininao woke him up and told him there he
was a quarrel near the railroad track. At 6:00 pm: 2 policemen passed by voluntarily
going to the house of Samson de la Torre while he was chatting with desists
Remolador and Gininao and invited them for questioning. But, the two
were sent home. He was handed a Sinumpaang Salaysay executed by Frustrated When the subjective phase is completely passed and
Marlon Araque, implicating him for the death of Jeonito Araque and the subjectively the crime is complete.
frustrated murder of Marlon Araque. When he confronted Marlon as to why 3. The offender has performed all the acts of execution
he was being included in the case, the latter replied “because you ejected which would produce the felony.
us from your house.” 4. The felony is not produced due to causes independent
 Dr. Bievenido Munoz, NBI Medico Legal Officer conducted an of the perpetrator’s will.
autopsy on the cadaver of Jeonito Araque and prepared an Autopsy Attempted When the offender never passes the subjective phase of
Report. The findings are as follows: the offense.
 Nature on Marlon Araques injuries: 2 wounds on the forearm and the 1. The offender commits overt acts to commence the
shoulder were caused by a sharp object like a knife while the other 2 were perpetration of the crime.
caused by a blunt instrument such as a lead pipe. 2. The offender is not able to perform all the acts of
o 2 wounds located on ear execution which should produce the felony; and
o 2 on the forehead 3. His failure to perform all the acts of execution was due
o A lacerated wound on the forearm to some cause or accident other than his spontaneous
o A stab wound on the right shoulder at the collar desistance.
 Dr. Bievenido Munoz, NBI Medico Legal Officer conducted an
autopsy on the cadaver of Jeonito Araque and prepared an Autopsy
Report. The findings are as follows: It bears stressing that intent to kill determines whether the infliction of injuries
 3 stab wounds were inflicted from behind by a sharp, pointed and single- should be punished as attempted or frustrated murder, homicide, parricide or
bladed instrument like a kitchen knife, balisong or any similar instrument. consummated physical injuries. Homicidal intent must be evidenced by acts which at
Considering the involvement of a vital organ and a major blood vessel, the the time of their execution are unmistakably calculated to produce the death of the
first wound was considered fatal. Unlike the first, the second and third victim by adequate means. Suffice it to state that the intent to kill of the malefactors
wounds were non-fatal. The first and second wounds were inflicted by knife herein who were armed with bladed weapons and lead pipes can hardly be doubted
thrusts delivered starting below going upward by assailants who were given the prevailing facts of the case. It also cannot be denied that the crime is a
standing behind the victim frustrated felony not an attempted offense considering that after being stabbed and
RTC: Attempted Homicide only on the basis of Dr. Manimtim’s testimony that none clubbed twice in the head as a result of which he lost consciousness and fell,
of the wounds sustained by Marlon Araque were fatal Marlon’s attackers apparently thought he was already dead and fled. It cannot be
denied that the crime is a frustrated felony not an attempted offense considering
ISSUE: WON the accused should be charged with Attempted Murder for the that after being stabbed and clubbed twice in the head as a result of which he lost
reason that none of the wounds sustained by Marlon were fatal? NO consciousness and fell, Marlon’s attackers apparently thought he was already dead
 What determines whether a felony is attempted or frustrated is whether or and fled
not the subjective phase in the commission of an offense has been passed
and not the gravity of the wound. ISSUE: WON there is conspiracy? YES
 There are three phases:
Conspiracy may be inferred from the acts of the accused before, during and after
Subjective Portion of the acts constituting the crime included between the
the commission of the crime which indubitably point to and are indicative of a joint
phase act which begins the commission of the crime and the last act
purpose, concert of action and community of interest.
performed by the offender which, with the prior acts, should
result in the consummated crime. From that time forward, the

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A conspiracy exists when two or more persons come to an agreement concerning
the commission of a felony and decide to commit it. To establish the existence of a DOCTRINE:
conspiracy, direct proof is not essential since it may be shown by facts and In concluding that carnal knowledge took place, full penetration of the vaginal orifice
circumstances from which may be logically inferred the existence of a common is not an essential ingredient, nor is the rupture of the hymen necessary; the mere
design among the accused to commit the offense charged, or it may be deduced touching of the external genitalia by the penis capable of consummating the sexual
from the mode and manner in which the offense was perpetrated. act is sufficient to constitute carnal knowledge. But the act of touching should be
understood here as inherently part of the entry of the penis into the labias of the
Conspiracy need not be established by direct evidence of acts charged, but may and female organ and not mere touching alone of the mons pubis or the pudendum.
generally must be proved by a number of indefinite acts, conditions and
circumstances, which vary according to the purpose accomplished. Previous Under Art. 6, in relation to Art. 335, of the Revised Penal Code, rape is attempted
agreement to commit a crime is not essential to establish a conspiracy, it being when the offender commences the commission of rape directly by overt acts, and
sufficient that the condition attending to its commission and the acts executed may does not perform all the acts of execution which should produce the crime of rape
be indicative of a common design to accomplish a criminal purpose and objective. If by reason of some cause or accident other than his own spontaneous desistance.
there is a chain of circumstances to that effect, conspiracy can be established.
FACTS:
Thus, the rule is that conspiracy must be shown to exist by direct or circumstantial 1. PROSECUTION: Ma. Corazon P. Pamintuan, mother of four (4)-year old
evidence, as clearly and convincingly as the crime itself. In the absence of direct Crysthel Pamintuan, went down from the second floor of their house to
proof thereof, as in the present case, it may be deduced from the mode, method, prepare Milo chocolate drinks for her two (2) children. At the ground floor
and manner by which the offense was perpetrated, or inferred from the acts of the she met Primo Campuhan who was then busy filling small plastic bags with
accused themselves when such acts point to a joint purpose and design, concerted water to be frozen into ice in the freezer located at the second floor. Primo
action and community of interest. Hence, it is necessary that a conspirator should was a helper of Conrado Plata Jr., brother of Corazon. As Corazon was busy
have performed some overt acts as a direct or indirect contribution in the execution preparing the drinks, she heard one of her daughters cry, "Ayo'ko, ayo'ko!"
of the crime planned to be committed. The overt act may consist of active prompting Corazon to rush upstairs. Thereupon, she saw PRIMO CAMPUHAN
participation in the actual commission of the crime itself, or it may consist of moral inside her children's room kneeling before Crysthel whose pajamas or
assistance to his con-conspirators by being present at the commission of the crime "jogging pants" and panty were already removed, while his short pants
or by exerting moral ascendancy over the other co-conspirators. were down to his knees.

In this case, the presence of accused and his colleagues, all of them armed According to Corazon, Primo was forcing his penis into Crysthel's vagina.
with deadly weapons at the locus criminis, indubitably shows their criminal Horrified, she cursed the accused, "P - t - ng ina mo, anak ko iyan!" and boxed him
design to kill the victims. several times. He evaded her blows and pulled up his pants. He pushed Corazon
aside when she tried to block his path. Corazon then ran out and shouted for help
As to the qualifying circumstances, the commission of the crime was attended by thus prompting her brother, a cousin and an uncle who were living within their
treachery. The manner in which the stab wounds were inflicted on the deceased compound, to chase the accused. Seconds later, Primo was apprehended by those
were clearly meant to kill without posing any danger to the malefactors considering who answered Corazon's call for help.
their locations and the fact that they were caused by knife thrusts starting below
going upward by assailants who were standing behind the victim. Treachery is 2. DEFENSE: maintained his innocence and assailed the charge as a mere
present when the offender commits any of the crimes against persons employing scheme of Crysthel's mother who allegedly harbored ill will against him for
means, methods or forms in the execution thereof which tend directly and specially his refusal to run an errand for her. He asserted that in truth Crysthel was
to insure its execution, without risk to himself arising from the defense which the in a playing mood and wanted to ride on his back when she suddenly pulled
offended party might make. That circumstance qualifies the crime into murder. The him down causing both of them to fall down on the floor. It was in this fallen
crime was also attended by abuse of superior strength on account of the fact that position that Corazon chanced upon them and became hysterical. Corazon
accused and his companions were not only numerically superior to the victims but slapped him and accused him of raping her child. He got mad but
also because all of them, armed with bladed weapons and lead pipes, purposely restrained himself from hitting back when he realized she was a woman.
used force out of proportion to the means of defense available to the persons Corazon called for help from her brothers to stop him as he ran down from
attacked. However, this aggravating circumstance is already absorbed in treachery. the second floor.
Furthermore, although alleged in the information, evident premeditation was not
proved by the prosecution. In the light of the finding of conspiracy, evident 3. Physical examination of the victim yielded negative results . No evident sign
premeditation need not be further appreciated, absent concrete proof as to how and of extra-genital physical injury was noted by the medico-legal officer on
when the plan to kill was hatched or what time had elapsed before it was carried Crysthel's body as her hymen was intact and its orifice was only 0.5 cm. in
out. diameter.

PEOPLE OF THE PHILIPPINES v. PRIMO CAMPUHAN Y BELLO 4. Although Primo Campuhan insisted on his innocence, the trial court on 27
GR NO. 129433| March 30, 2000 | BELLOSILLO, J. May 1997 found him guilty of statutory rape, sentenced him to the extreme
Stages of Execution

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 penalty of death, and ordered him to pay his victim P50,000.00 for moral variance in the medical certificate, would be productive of unwarranted or
damages, P25,000.00 for exemplary damages, and the costs. even mischievous results. It is necessary to carefully ascertain whether the
penis of the accused in reality entered the labial threshold of the female
ISSUE: Whether or not evidence presented is sufficient to rule that the penis of the organ to accurately conclude that rape was consummated. Failing in this,
accused was able to penetrate the vagina of the victim so as to warrant the ruling the thin line that separates attempted rape from consummated rape will
that accused consummated the crime of rape over the victim. significantly disappear.

HELD: No, at most, only an attempted rape took place. WHEREFORE, the Decision of the court a quo finding accused PRIMO "SONNY"
CAMPUHAN Y BELLO guilty of statutory rape and sentencing him to death and to pay
1. Touching when applied to rape cases does not simply mean mere damages is MODIFIED. He is instead found guilty of ATTEMPTED RAPE and sentenced
epidermal contact, stroking or grazing of organs, a slight brush or a scrape to an indeterminate prison term of eight (8) years four (4) months and ten (10) days
of the penis on the external layer of the victim's vagina, or the mons pubis, of prision mayor medium as minimum, to fourteen (14) years ten (10) months and
as in this case. There must be sufficient and convincing proof that the penis twenty (20) days of reclusion temporal medium as maximum. Costs de oficio. SO
indeed touched the labias or slid into the female organ, and not merely ORDERED.
stroked the external surface thereof, for an accused to be convicted of
consummated rape. PEOPLE v. DE LA CRUZ
G.R. NO. 120988 | August 11, 1997 | J. Melo
2. A review of the records clearly discloses that the prosecution utterly failed Stages of Execution
to discharge its onus of proving that Primo's penis was able to penetrate
Crysthel's vagina however slight. DOCTRINE: To our mind, the felony committed is kidnapping and serious illegal
detention of a minor in the attempted stage only. The attempted phase of a felony is
3. When asked by the court how Primo was holding her daughter, Corazon defined as when the offender commences the commission of a felony, directly by
demonstrated in such a way that the chest of the accused is pinning down overt acts, and does not perform all the acts of execution which should produce the
the victim, while his right hand is holding his penis and his left hand is felony by reason of some cause or accident other than his own spontaneous
spreading the legs of the victim. desistance (Article 6, Revised Penal Code). The overt act must be an external one
which has direct connection with the felony, it being necessary to prove that said
4. Not even a vantage point from the side of the accused and the victim would beginning of execution, if carried to its complete termination following its natural
have provided Corazon an unobstructed view of Primo's penis supposedly course without being frustrated by external obstacles nor by the voluntary
reaching Crysthel's external genitalia, i.e., labia majora, labia minora, desistance of the offender, will logically and necessarily ripen to a concrete offense.
hymen, clitoris, etc., since the legs and arms of Primo would have hidden
his movements from Corazon's sight, not to discount the fact that Primo's FACTS:
right hand was allegedly holding his penis thereby blocking it from  Accused-appellant Rosemarie de la Cruz was caught holding a seven-year old
Corazon's view. schoolgirl by the hand and leading her out of the school grounds. 
o Charged with kidnapping and serious illegal detention of a minor, she
5. Crysthel, when asked by the court: was convicted, and accordingly sentenced to suffer the penalty
Q: Did the penis of Primo touch your organ? of no less than reclusion perpetua. 
A: Yes, sir. o Accused-appellant contends that her guilt has not been established by
Q: But did his penis penetrate your organ? proof beyond reasonable doubt and that the entire case is nothing but
A: No, sir. an overreaction to the situation.
This testimony alone should dissipate the mist of confusion that enshrouds the  The Information charged:
question of whether rape in this case was consummated. Corazon did not say, nay, o That on or about September 27, 1994, in the City of Manila, Philippines,
not even hint that Primo's penis was erect or that he responded with an erection. On the said accused, being then a private individual and without authority
the contrary, Corazon even narrated that Primo had to hold his penis with his right of law, did then and there willfully, unlawfully and feloniously kidnap,
hand, thus showing that he had yet to attain an erection to be able to penetrate his detain or in any manner deprive one WHIAZEL SORIANO y CRUZ, seven
victim. years of age, of her liberty, against her will and consent.
 The case was docketed as Criminal Case No. 94-139168 before the Regional
6. The possibility of Primo's penis having breached Crysthel's vagina is belied Trial Court of the National Capital Judicial Region (Branch 35, Manila). 
by the child's own assertion that she resisted Primo's advances by putting  After accused-appellant entered a plea of not guilty, trial commenced. But as
her legs close together; consequently, she did not feel any intense pain but mentioned above, she convicted of the crime. Hence this petition with the
just felt "not happy" about what Primo did to her. following arguments:
o Accused-appellant interposed the instant appeal, contending that
7. In cases of rape where there is a positive testimony and a medical
her act of holding the child by the hand and leading her out of
certificate, both should in all respects complement each other; otherwise,
the school premises cannot be considered an act of kidnapping
to rely on the testimonial evidence alone, in utter disregard of the manifest
without leaving room for reasonable doubt.  
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 o Accused-appellant points out that Whiazel did not categorically state case at bar, the Court may choose to substitute its own findings
that accused-appellant tried to kidnap her.  (People vs. Padua, 215 SCRA 266 [1992]).
 On the contrary, the child testified that she voluntarily went  READ DOCTRINE.
with accused-appellant and that she was neither forced nor  In the case at bar, accused-appellant already commenced her criminal scheme
intimidated into accompanying accused-appellant.  by taking hold of Whiazel by the hand and leading her out of the school
o Also, it is said, accused-appellants excuse for going to Whiazels school premises. As mentioned earlier, these do not sufficiently establish that
to look for Dr. Medina is buttressed by the fact that she had a tooth kidnapping had been consummated. 
extracted in jail sometime in November 1994; and that contrary to  However, considering other attendant facts and circumstances, it does
Whiazels statement, the guidance teacher, Eufemia Magpantay, reveal that accused-appellant had less than noble intentions with the
testified that even persons not connected with the school are allowed victim. 
to consult Dr. Medina at the schools dental clinic.  o Firstly, the child was led to believe that accused-appellant wanted to
o Accused-appellant thus contends that she had a valid reason for being see the dentist. It is not clear, however, that there really was a Dr.
at the school premises, as indeed, she did not run away and instead Medina employed by the school as dentist. Not even the guidance
faced her accuser. All these circumstances, accused-appellant submits, counselor who testified for the defense made any specific mention of
constitute reasonable doubt as to her guilt which, therefore, the doctor. 
necessitate her acquittal. o Secondly, if accused-appellant wanted to see the dentist, why was
 The People, through the Office of the Solicitor General, argue that Whiazel was she on her way out? If it is true she had already gone to the clinic and
deprived of her liberty, no matter how short a time, the moment accused- found no one there and that she then decided to leave, what else was
appellant, a person unknown to Whiazel, prevented her from going over to her she doing with the child? 
neighbor, Cecilia Caparos. Under the circumstances, considering that she is of o Thirdly, accused-appellant did not simply ask for directions; she
such tender age, deprivation of liberty was consummated even in the absence wanted the victim to accompany her. That seems suspicious
of force or threats upon the victim. enough. And of all people, why ask a seven-year old? Fortunately, the
further progress and completion of accused-appellants felonious design
ISSUE: WON accused appellant Rosemarie de la Cruz is guilty of the crime. (YES. was thwarted by the timely intervention of Cecilia Caparos, the victims
But only attempted kidnapping and serious illegal detention.) neighbor.
 The Court thus holds that the felony committed by accused-appellant in the
HELD: case at bar is not kidnapping and serious illegal detention of a minor in the
 In a prosecution for kidnapping, the intent of the accused to deprive the victim consummated stage, but rather in its attempted stage.
of the latter’s liberty, in any manner, needs to be established by indubitable  Since the crime is only in its attempted stage, the penalty imposable under
proof (People vs. Puno, 219 SCRA 85 [1993]).  Article 267 of the Revised Penal Code, as amended by R.A. 7659, which
 The acts held by the trial court, and maintained by the People, as is reclusion perpetua to death, has to be lowered by two degrees (Article 51,
consummating the crime of kidnapping in this case are those when accused- Revised Penal Code). Two degrees lower from reclusion perpetua to death
appellant held the victims hand and refused to let go when the victim asked to would be prision mayor, which has to be imposed in its medium period in the
go over to her neighbor, who by then already saw what was happening.  absence of any mitigating or aggravating circumstance (Article 64, Revised
o This happened for only a very brief span of time and the evidentiary Penal Code). Applying further the Indeterminate Sentence Law, the imposable
record shows that there were a good number of people present at that penalty would range from prision correccional, as the minimum, to prision
time, that a guard was stationed at the gate, and that there was at mayor in its medium period, as the maximum.
least a teacher nearby. The child could have just as easily shouted for
help. SC= WHEREFORE, premises considered, the appealed decision is MODIFIED
 While it does not take much to scare the wits out of a small child like Whiazel, in that accused-appellant is found guilty beyond reasonable doubt of
under the attendant circumstances, we cannot say with certainty that she was attempted kidnapping and serious illegal detention.  Accordingly, accused-
indeed deprived of her liberty.  appellant is sentenced to suffer an indeterminate penalty of two (2) years
o It must further be noted that up to that brief moment when and one (1) day of prision correccional,  as minimum, to eight (8) years and
Cecilia saw them, and the child asked to be let go, the victim one (1) day of prision mayor, as maximum. The award for moral damages
had gone with accused-appellant voluntarily.  Without any in the amount of P50,000 is hereby DELETED.
further act reinforcing the inference that the victim may have
been denied her liberty, even taking cognizance of her PEOPLE v. CEILITO “Lito” ORITA
minority, the Court hesitates to find that kidnapping in the GR NO.88724 | April 3, 1990 | J. Medialdea
case at bar was consummated.   Stages of Execution
o While it is a well-entrenched rule that factual findings of trial courts,
especially when they concern the appreciation of testimony of DOCTRINE:
witnesses, are accorded great respect, by exception, when the There are only two stages of execution in the crime of Rape: it is Attempted when
judgment is based on a misapprehension of facts, as we perceive in the there is no penetration of the female organ on the other hand it is Consummated

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when there is perfect penetration or even entry of the labia without rupture of be done by the offender, because he has performed the last act necessary to
hymen or laceration. produce the crime. Thus, the felony is consummated.
We have set the uniform rule that for the consummation of rape, perfect penetration
FACTS: is not essential. Any penetration of the female organ by the male organ is sufficient.
 Orita is a Philippine Constabulary soldier who was charged with the crime of Entry of the labia or lips of the female organ, without rupture of the hymen or
Rape because of the following incidents laceration of the vagina is sufficient to warrant conviction. Necessarily, rape is
 Sometime in March 1983, a 19 year old college freshman Cristina Abayan attempted if there is no penetration of the female organ because not all acts of
was brought home by her classmates after going to a party. When she execution was performed.
knocked at the door of her boarding house somebody held her and poked a IN THIS CASE, although there was no laceration, the penetration was not negated.
balisong knife to her neck. Turned out, that somebody is Orita who happens The finding by the physician of redness and tenderness of the vulva plus the
to be a frequent visitor of another boarder. testimony of victim Cristina herself is sufficient evidence to prove beyond
 Orita, using force, ordered and dragged Cristina to go upstairs and find a reasonable doubt that Rape was consummated.
room. Upon entering the room Orita while still holding the knife undressed
himself and ordered Cristina to remove her clothes. Cristina obeyed due to RTC decision MODIFIEED. Guilty of Rape and sentenced to Reclusion
fear. Perpetua and P30k.
 Since Cristina was scared, she followed whatever Orita had ordered. Thus,
Orita made her hold his penis and insert to her vagina. Only a portion of his
penis was inserted because she kept on moving. TOPIC: ART. 11 - JUSTIFYING CIRCUMSTANCES
 It was only when Orita laid down on his back and instructed Cristina to
mount him that she was able to escape. Even though she was naked, she PEOPLE v. NARVAEZ
jumped out the window and darted to the municipal building where she was G.R. Nos. L-33466-67 | April 20, 1983| Makasiar, J.
found by police officers. Justifying circumstances
 Upon Cristina’s recount of the incident, the police officers rushed to the
boarding house to arrest Orita yet they failed to apprehend him. DOCTRINE: Incomplete self-defense is not considered as a justifying act, but
merely a mitigating circumstance; The justifying circumstance herein incomplete. He
 Meanwhile, the medical – physical examination of Cristina yielded neither
is only entitled to special mitigating circumstance of incomplete defense, pursuant
abrasions nor any fresh hymen laceration but the vulva was erythematous
to Art. 13(6) Revised Penal Code.
(abnormal redness due to inflammation) and tender.
 With that, the RTC convicted Orita of Frustrated Rape with ISL penalty of
FACTS:
10y1d Prision Mayor as min to 12yPrison Mayor as max plus 4k w/o
 At about 2:30 in the afternoon of August 22, 1968, Graciano Juan, Jesus
subsidiary imprisonment.
Verano and Cesar Ibanez together with the two deceased Davis Fleischer
 Unsatisfied, Orita appealed claiming there is no crime of Frustrated Rape.
and Flaviano Rubia, were fencing the land of George Fleischer, father of
CA forwarded such appeal to the Supreme Court.
deceased Davis Fleischer. The place was in the boundary of the highway
and the hacienda owned by George Fleischer.
ISSUE:
 At the place of the fencing is the house and rice drier of appellant Mamerto
Whether there is a Frustrated stage in Rape
Narvaez At that time, appellant was taking his rest, but when he heard that
the walls of his house were being chiselled, he arose and there he saw the
HELD:
fencing going on. If the fencing would go on, appellant would be prevented
NO, because there are only two stages of execution in the crime of Rape: it is
from getting into his house and the bodega of his ricemill. So he addressed
Attempted when there is no penetration of the female organ on the other hand it is
the group, saying 'Pare, if possible you stop destroying my house and if
Consummated when there is perfect penetration or even entry of the labia without
possible we will talk it over what is good,' addressing the deceased Rubia,
rupture of hymen or laceration.
who is appellant's compadre. The deceased Fleischer, however, answered:
The requisites of a frustrated felony are: (1) that the offender has performed all the
'No, gademit, proceed, go ahead.'
acts of execution which would produce the felony and (2) that the felony is not
produced due to causes independent of the perpetrator’s will.  Appellant apparently lost his equilibrium and he got his gun and shot
The essential element which distinguishes attempted from frustrated felony is that, Fleischer, hitting him. As Fleischer fell down, Rubia ran towards the jeep,
in the latter, there is no intervention of a foreign or extraneous cause or agency and knowing there is a gun on the jeep, appellant fired at Rubia, likewise
between the beginning of the commission of the crime and the moment when all of hitting him. Both Fleischer and Rubia died as a result of the shooting.
the acts have been performed which should result in the consummated crime; while  It appears, however, that this incident is intertwined with the long drawn
in the former there is such intervention and the offender does not arrive at the point out legal battle between the Fleischer and Co., Inc. of which deceased
of performing all of the acts Fleischer was the secretary-treasurer and deceased Rubia the assistant
Clearly, in the crime of rape, from the moment the offender has carnal knowledge of manager, on the one hand, and the land settlers of Cotabato, among whom
his victim, he actually attains his purpose and, from that moment also all the was appellant.
essential elements of the offense have been accomplished. Nothing more is left to o Appellant was among those persons from northern and central
Luzon who went to Mindanao in 1937 and settled in Maitum, a
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CRIMREV - ATTY. TICMAN
 former sitio of Kiamba and now a separate municipality of South o Third. Lack of sufficient provocation on the part of the person
Cotabato. He established his residence therein, built his house, defending himself (Art. 11, par. 1, Revised Penal Code, as
cultivated the area, and was among those who petitioned then amended).
President Manuel L. Quezon to order the subdivision of the defunct  The aggression referred to by appellant is the angry utterance by deceased
Celebes Plantation and nearby Kalaong Plantation totalling about Fleischer of the following words: "Hindi, sigue, gademit, avante", in answer
2,000 hectares, for distribution among the settlers. to his request addressed to his compadre, the deceased Rubia, when he
o Shortly thereafter, Fleischer and Company, headed by George W. said, "Pare, hinto mona ninyo at pag-usapan natin kung ano ang mabuti.”
Fleischer, an American landowner in Negros Oriental, filed sales This was in reaction to his having been awakened to see the wall of his
application No. 21983 on June 3, 1937 over the same area house being chiselled. The verbal exchange took place while the two
formerly leased and later abandoned by Celebes Plantation deceased were on the ground doing the fencing and the appellant was up
Company, covering 1,017.2234 hectares. in his house looking out of his window. According to appellant, Fleischer's
o At the time of the shooting, the civil case was still pending for remarks caused this reaction in him: "As if, I lost my senses and
annulment (settlers wanted granting of property to Fleisher and unknowingly I took the gun on the bed and unknowingly also I shot Mr.
Co. to be annulled). At time of the shooting, defendant had leased Fleischer, without realizing it, I shot Mr. Fleischer" The question is, was the
his property from Fleisher (though case pending and ownership aggression unlawful or lawful? Did the victims have a right to fence off the
uncertain) to avoid trouble. On June 25, 1968, defendant received contested property, to destroy appellant's house and to shut off his ingress
letter terminating contract because he allegedly didn't pay rent. and egress to his residence and the highway.
He was given six months to remove his house from the land.  Article 30 of the Civil Code recognizes the right of every owner to enclose
Shooting was barely two months after letter. or fence his land or tenements. However, at the time of the incident on
o On August 21, 1968, both deceased, together with their laborers, August 22, 1968, Civil Case no. 755 for annulment of the order of award to
commenced fencing Lot 38 by putting bamboo posts along the Fleischer and Company was still pending in the Court of First Instance of
property line parallel to the highway. The fence, when finished, Cotabato. The parties could not have known that the case would be
would have the effect of shutting off the accessibility to appellant's dismissed over a year after the incident on August 22, 1968, as it was
house and rice mill from the highway, since the door of the same dismissed on January 23, 1970 on ground of res judicata, in view of the
opens to the Fleischers' side. The fencing continued on that fateful dismissal in 1965.
day of August 22, 1968, with the installation of four strands of  The following provisions of the Civil Code of the Philippines are in point:
barbed wire to the posts. o Art. 536. In no case may possession be acquired through force or
o At about 2:30 p.m. on the said day, appellant who was taking a intimidation as long as there is a possessor who objects thereto.
nap after working on his farm all morning, was awakened by some He who believes that he has an action or a right to deprive
noise as if the wall of his house was being chiselled. Getting up another of the holding of a thing must invoke the aid of the
and looking out of the window, he found that one of the laborers of competent court, if the holder should refuse to deliver the thing.
Fleischer was indeed chiselling the wall of his house with a o Art. 539. Every possessor has a right to be respected in his
crowbarwhile deceased Rubia was nailing the barbed wire and possession; and should he be disturbed therein he shall be
deceased Fleischer was commanding his laborers. The jeep used protected in or restored to said possession by the means
by the deceased was parked on the highway. established by the laws and the Rules of Court (Articles 536 and
 Appellant now questions the propriety of his conviction, assigning the 539, Civil Code of the Philippines).
following errors: That the lower court erred in convicting defendant-  Conformably to the foregoing provisions, the deceased had no right to
appellant despite the fact that he acted in defense of his person; and that destroy or cause damage to appellant's house, nor to close his accessibility
the court a quo also erred in convicting defendant-appellant although he to the highway while he was pleading with them to stop and talk things
acted in defense of his rights over with him. The assault on appellant's property, therefore, amounts to
ISSUE: Whether or not the act of killing the two deceased constituted self-defense unlawful aggression as contemplated by law. Illegal aggression is
on the part of Narvaez. equivalent to assault or at least threatened assault of immediate and
HELD: imminent kind (People vs. Encomiendas, 46 SCRA 522).
 No. The justifying circumstance herein incomplete. He is only entitled to  In the case at bar, there was an actual physical invasion of appellant's
special mitigating circumstance of incomplete defense, pursuant to Art. property which he had the right to resist, pursuant to Art. 429 of the Civil
13(6) Revised Penal Code. Code of the Philippines which provides:
 Defense of one's person or rights is treated as a justifying circumstance o Art. 429. The owner or lawful possessor of a thing has the right to
under Art. 11, par. 1 of the Revised Penal Code, but in order for it to be exclude any person from the enjoyment and disposal thereof. For
appreciated, the following requisites must occur: this purpose, he may use such force as may be reasonably
o First. Unlawful aggression; necessary to repel or prevent an actual or threatened unlawful
o Second. Reasonable necessity of the means employed to prevent physical invasion or usurpation of his property.
or repel it;  The reasonableness of the resistance is also a requirement of the justifying
circumstance of self-defense or defense of one's rights under paragraph 1

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CRIMREV - ATTY. TICMAN
 of Article 11, Revised Penal Code. When the appellant fired his shotgun • Gacheco. Gacheco and his family were defeated in a civil case in the CFI of Manila,
from his window, killing his two victims, his resistance was disproportionate which, if not overturned by the SC, would lead to Gacheco and co. losing 2/3s of
to the attack. the inheritance left by a Paulino Gacheco.
 However, the third element of defense of property is not present, i.e., lack • Hiong sided with the party that defeated Gacheco.
of sufficient provocation on the part of appellant who was defending his • This created tension and Gacheco wrote the Chief Finance Agent of the
property. As a matter of fact, there was no provocation at all on his part, Department of Finance charging Hiong with tax evasion and the use of fake
since he was asleep at first and was only awakened by the noise produced citizenship. He then wrote a letter to Vice President Fernando Lopez accusing
by the victims and their laborers. His plea for the deceased and their men Hiong of illegal transactions with the government.
to stop and talk things over with him was no provocation at all. • A letter was written by a certain Benito Solipco to Hiong. (The SC says Solipco was
 Be that as it may, appellant's act in killing the deceased was not justifiable, undoubtedly if not Gacheco himself, acting under Gacheco’s inducement.) It said
since not all the elements for justification are present. He should therefore that the members of the Go Family Association, of which Gocheco belonged, told
be held responsible for the death of his victims, but he could be credited Solipco that they will make every vengeance against Hiong, such as paying some
with the special mitigating circumstance of incomplete defense, pursuant to persons to kill him, or reporting him to every Philippine Government Authority that
paragraph 6, Article 13 of the Revised Penal Code. he is a communist and other kinds of vengeance. The letter warned Hiong to be
 The crime committed is homicide on two counts. The qualifying careful as the Go Family were all his enemies now and that they will make every
circumstance of treachery cannot be appreciated in this case because of vengeance against him at all cost. The letter was contained in an envelope along
the presence of provocation on the part of the deceased. The element of a with a rope which contained a note saying “this serves for your personal use.”
sudden unprovoked attack is therefore lacking. • Hiong received threats on the phone and was denounced as a communist through
 Moreover, in order to appreciate alevosia, "it must clearly appear that the anonymous letters.
method of assault adopted by the aggressor was deliberately chosen with a • Gocheco then caused to be published articles entitled “Doubtful
special view to the accomplishment of the act without risk to the assailant Citizenship” in the Feb 11, 1952 issue of the Manila Chronicle. It said that
from any defense that the party assailed might have made. This cannot be while the Commissioner of Immigration had certain evidences supporting the
said of a situation where the slayer acted instantaneously ..." (People vs. Filipino citizenship of Hiong, the Commissioner’s decision was based on
Cañete, 44 Phil. 481). questionable proofs.
 The Court likewise finds the aggravating (qualifying) circumstance of • In response, Hiong caused “Seriously Speaking” to be published in the
evident premeditation not sufficiently established. The only evidence Manila Chronicle. It said: “This investigation was only one of a series of other
presented to prove this circumstance was the testimony of Crisanto Ibañez, investigations conducted by different agencies of our government at the
37 years old, married, resident of Maitum, South Cotabato, and a laborer of instigation of Mr. Gocheco, who appears to be obsessed with a persecution mania
Fleischer and Company. This single evidence is not sufficient to warrant in order to besmirch my name and reputation and harass me and my family. To
appreciation of the aggravating circumstance of evident premeditation. my eternal shame and misfortune, Mr. Cesario T. Gocheco is my nephew. As such,
There must be "direct evidence of the planning or preparation to kill the he is cognizant of all of the facts of my life for he has known me for the past 25
victim.... it is not enough that premeditation be suspected or surmised, but years….Why then this sudden concern over my citizenship? Why this mad desire
the criminal intent must be evidenced by notorious outward acts evincing to bring harm to me and my family? The reason is not hard to find – personal
the determination to commit the crime" (People vs. Ordioles, 42 SCRA 238). revenge is the moving passion in this drama of intrigues and persecution to which
 Appellant is guilty of two crimes of homicide only, the killing not being I and my family have been subjected.… It is easy to imagine the gloom,
attended by any qualifying nor aggravating circumstance, but extenuated despondency and despair, that must have seized the Gocheco family when the
by the privileged mitigating circumstance of incomplete defense-in view of above decision was handed down as that would divest them of everything that
the presence of unlawful aggression on the part of the victims and lack of they now have and thus face stark poverty… It is obvious that the name “Benito
sufficient provocation on the part of the appellant-and by two generic Sulipco” is fictitious, as it is the most natural thing that my enemies should
mitigating circumstance of voluntary surrender and passion and cowardly hide behind the cloak of anonymity, but, one need not stretch the
obfuscation. imagination too far to be able to guess the “mastermind behind these threats...
For what could be better or more convenient to my enemies than my untimely
PEOPLE v. CHUA HIONG death, or for that matter, my deportation from this country had they been able to
G.R. No. 10413-R | OCTOBER 20, 1954| prove their charges filed with the different government agencies. What better or
Justifying Circumstances – Self Defense more convenient weapon can my enemies avail of then a this systematic and
malicious persecution in order to coerce or cajole me into submitting to their
DOCTRINE: demands that I should desist from proceeding with the civil case I have instituted
against the Gocheco family which shall ultimately reduce them to the poverty of
Self-defense applies to libel. Person libelled justified to hit back with another libel. theproverbial church- mouse?”
• Because of the article above, Hiong was found guilty of libel by the RTC. He now
FACTS: appeals.

• Federico Chua Hiong is the uncle of Cesareo ISSUE: WON Chua Hiong’s libelous publication was a proper act of self-defense. –
YES.

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  While Toring testified that Samuel was aiming his shotgun at the chest of
HELD: Ely Amyon (Amion), prosecution witness Joel Escobia claimed that he was at
the receiving end of Samuel's thrusts with the butt of his shotgun. To the
• Self-defense applies to the crime of libel. court, such discrepancy is fatal to the defense because in appreciating the
• Self-defense is a man’s inborn right. justifying circumstance of defense of a stranger, the court must know "with
• In a physical assault, retaliation becomes unlawful after the attack has ceased, definiteness the identity of the stranger defended by the accused.
because there would be no further harm to repel.  Upon appeal, Toring seeks his exoneration by contending that his assault
• But that is not the case when it is aimed at a person’s good name. Once the on Samuel was justified because he acted in defense of his first cousin, Joel
aspersion is cast its sting, clings and the one thus defamed may avail Escobia is the first cousin of Toring their fathers being brothers, although
himself of all necessary means to shake it off. He may hit back with no explanation appears on record why they have different surnames. At
another libel which, if adequate, will be justified. any rate, this allegation on relationship was not rebutted by the
• Granting that the “Seriously Speaking” column of the Manila Chronicle caused by prosecution.
Hiong was libelous, is it unnecessarily libelous? It was intended to counteract  Escobia attested that as he was about to dance with a girl, Samuel stopped
the impression left in the mind of the public by the article “Doubtful him, pointed his shotgun at him, took a bullet from his jacket pocket,
Citizenship” which Gocheco caused to be published in the Manila Chronicle on showed it to Escobia. Samuel pointed the shotgun at his chin and told him
Feb. 11, 1952. to eat the bullet.
• Hiong was living as a Filipino, his livelihood depended mainly upon enterprises  The trial court convicted the accused for murder (principal, accomplice,
only Filipinos can engage in. It is perfectly conceivable that any attempt to assail accessory) believing that the deceased did not carry a firearm during the
his Filipino citizenship should meet the keenest defense from him. incident on account that he is not a public official entitled to possess a
• To flout in public the genuineness of one’s citizenship is slanderous, nobody would firearm; and would have been arrested if he truly carried one.
dare deny, the more so Hiong’s case for obvious reasons.  The accused appealed with the SC, arguing that there is a valid defense of
• The Doubtful Citizenship column makes it appear that his citizenship was acquired a relative on account that the deceased was assaulting his first cousin,
through questionable means and that an investigation is currently being Escobia.
conducted with respect to the legality of his citizenship.
• Gocheco’s purpose was to malign Hiong. Because he lost in the civil case, Gocheco ISSUE: Whether there was a valid invocation of defense of a relative.
decided to air his grievances through the press. Hiong’s Seriously Speaking
Column is not necessarily libelous because Hiong is entitled to show Gocheco’s HELD: No. There was no valid defense of a relative in the present case.
motive behind Doubtful Citizenship and to dispel the bad impression about him of
those who had read it. During trial, Escobia testified that Samuel pointed his shotgun towards him when he
was about to dance with a girl and averred “do you like this dong?”; that Samuel got
a bullet and loaded it in the shotgun and pointed the same to Escobia; that upon
PEOPLE VS TORING seeing such, Toring stabbed the deceased.
GR No. 56358| Oct 26, 1990 | Fernan, CJ
JUSTIFYING CIRCUMSTANCES This testimony is not controverted by the prosecution, hence must be given full
credence.
DOCTRINE: the presence of unlawful aggression on the part of the victim and the
lack of proof of provocation on the part of Toring notwithstanding, full credence SC ruled that there was no reason to doubt Joel Escobia's assertion of Samuel's
cannot be given, to Toring's claim of defense of a relative.  unlawful aggression and that prosecution failed to prove that Joel testified to favor
Toring. However, the presence of unlawful aggression on the part of the victim and
FACTS: the lack of proof of provocation on the part of Toring notwithstanding, full credence
 A benefit dance was held in one sitio in Lapu lapu City forthe last cannot be given, to Toring's claim of defense of a relative. 
canvassing of votes for the candidates for princesses, attended by the
entire family of one of the candidates. Also present were members of the Toring himself admitted in court that in 1979, he was shot with a .22 caliber revolver
kwaknit gang, headed by Toring, noted for their bird-like way of dancing by Edgar Augusto, Samuel's brother. It cannot be said, therefore, that in attacking
and their propensity for drunkenness and provoking trouble. Samuel, Toring was impelled by pure compassion or beneficence or the lawful desire
 Samuel, the father of the declared winner, while answering the call of to avenge the immediate wrong inflicted on his cousin. Rather, he was motivated by
nature, was approached by Toring and two others and was stabbed from revenge, resentment or evil motive because of a "running feud" between the
behind by Toring using a knife handed to him by a companion. Samuel died Augusto and the Toring brothers. Indeed, vendetta appears to have driven both
of stab wound he sustained on the right side of his abdomen. camps to commit unlawful acts against each other. 
 An information for MURDER was filed against Toring.
 The lower court rendered a decision discrediting Toring's claim that the
LUIS A. TABUENA v. SANDIGANBAYAN and PEOPLE
killing of Samuel was justified because it was done in defense of a stranger.
GR NO. 103501-03| February 17, 1997| FRANCISCO, J.
Justifying Circumstances: Obedience to an Order
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CRIMREV - ATTY. TICMAN
 ISSUE:
DOCTRINE: Whether accused acted in good faith when they were merely following order.
Good faith by reason of obedience to an order is a valid defense and justifying •
circumstance to excuse an accused from criminal liability. HELD:
Yes, he is in good faith and entitled to the justifying circumstance of “Any
FACTS: person who acts in obedience to an order issued by a superior for some
 Then President Marcos instructed Tabuena over the phone to pay directly to lawful purpose”
the presidents office and in cash what the Manila Int’l Airport Authority
(MIAA) owes the Philippine National Construction Corporation (PNCC), to As a general rule, GF is a valid defense in a prosecution for malversation for it would
which Tabuena replied, Yes, sir, I will do it.  negate criminal intent on the part of the accused. Court has held in previous case
o About a week later, Tabuena received a Presidential Memorandum that to constitute a crime, the act must, except in certain crimes made such by
dated January 8, 1986 (hereinafter referred to as MARCOS statute, be accompanied by a criminal intent, or by such negligence or indifference
Memorandum) reiterating in black and white such verbal to duty or to consequences as, in law, is equivalent to criminal intent. The maxim
instruction is actus non facit reum, nisi mens sit rea - a crime is not committed if the mind of
 In obedience to President Marcos verbal instruction and memorandum, the person performing the act complained of is innocent.
Tabuena caused the release of P55 Million of MIAA funds by means of three
(3) withdrawals. In so far as Tabuena is concerned, with the due presentation in evidence of the
o The first withdrawal was by a manager’s check payable to MARCOS Memorandum, we are swayed to give credit to his claim of having caused
Tabuena. It was encashed then placed in peerless boxes and duffle the disbursement of the P55 Million solely by reason of such memorandum. From
bags and delivered to President’s private secretary who did not this premise flows the following reasons and/or considerations that would buttress
issue any receipt for the money received. (Php25M) his innocence of the crime of malversation. Tabuena had no other choice but to
o Similar circumstances surrounded the second make the withdrawals, for that was what the MARCOS Memorandum required him to
withdrawal/encashment (Php25M) do. He could not be faulted if he had to obey and strictly comply with the
o For the third and last withdrawal, Peralta was co-signatory in presidential directive. Marcos was undeniably Tabuenas superior the former being
requesting bank to issue the manager’s check. The encashed then the President of the Republic who unquestionably exercised control over
money was placed in 2 peerless boxes which were loaded in the government agencies such as the MIAA and PNCC. As a recipient of such kind of a
trunk of Tabuenas car. It was only upon delivery of the P5 Million directive coming from the highest official of the land no less, good faith should be
that Mrs. Gimenez issued a receipt for all the amounts she read on Tabuenas compliance, without hesitation nor any question, with the
received from Tabuena. MARCOS Memorandum. Tabuena therefore is entitled to the justifying
circumstance of “Any person who acts in obedience to an order issued by a
 3 criminal cases was filed before Sandiganbayan against Tabuena (General
superior for some lawful purpose.” The subordinate-superior relationship
Manager, MIAA) and Peralta (Acting Manager, Financial Services
between Tabuena and Marcos is clear. And so too, is the lawfulness of the order
Department, MIAA) for the 3 withdrawals made.
contained in the MARCOS Memorandum, as it has for its purpose partial payment of
 Prosecution: no outstanding obligations to PNCC at the time of the
the liability of one government agency (MIAA) to another (PNCC). 
disbursement. Note that:
However, against the contention of the unlawfulness of the MARCOS Memorandum
o Tabuena and Peralta described the disbursement as out of the
because the liability was shown to only be about P34.5M, Court held that it shall not
ordinary and not based on the normal procedure because no
affect Tabuenas good faith so as to make him criminally liable. The MARCOS
vouchers were prepared to support the disbursement, the P55
Memorandum is patently legal (for on its face it directs payment of an
Million was paid in cold cash, and no PNCC receipt was presented. 
outstanding liability) and that Tabuena acted under the honest belief that
o Defense witness Senior Assistant Vice President and Corporate
the P55 million was a due and demandable debt and that it was just a
Comptroller of PNCC, affirmed in court that there were no portion of a bigger liability to PNCC. Even if the order is illegal if it is patently
payments made to PNCC by MIAA for the months of January to legal and the subordinate is not aware of its illegality, the subordinate is not liable,
June of 1986. for then there would only be a mistake of fact committed in good faith.
 Defense: Good Faith because merely complying with the MARCOS
Memorandum which ordered him to forward the cash as partial payment of Even if the disbursement process was out of the ordinary, Tabuena cannot be
MIAAs obligations to PNCC, and that Tabuena was of the belief that MIAA faulted because he did not have the luxury of time to observe all auditing
indeed had liabilities to PNCC. Peralta raised the same belief and so he procedures of disbursement considering the fact that the MARCOS Memorandum
heeded the request of Tabuena, his superior. enjoined his immediate compliance with the directive that he forward to the
 Sandiganbayan: guilty of malversation under Article 217 Presidents Office the P55 Million in cash. Tabuena cannot escape responsibility for
 Hence, this Petition where petitioners allege that: such omission. Nevertheless, since he was acting in good faith, his liability should
o The info charged them of intentional malversation, but they were only be administrative or civil in nature, and not criminal. 
convicted of malversation by negligence
o They were in GF because merely following Marcos’ order. There was no conversion (as necessary element of offense of embezzlement, being
• the fraudulent appropriation to ones own use of anothers property which does not

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necessarily mean to ones personal advantage but every attempt by one person to
dispose of the goods of another without right as if they were his own is conversion to
his own use; it presuppose that the thing has been devoted to a purpose or use
different from that agreed upon. To appropriate to ones own use includes not only
conversion to ones personal advantage but every attempt to dispose of the property
of another without right). MARCOS Memorandum directed Tabuena to pay
immediately the Philippine National Construction Corporation, thru this office, the
sum of FIFTY FIVE MILLION...., and that was what Tabuena precisely did when he
delivered the money to president’s private secretary.

Not every unauthorized payment of public funds is malversation. There is

malversation only if the public officer who has custody of public funds should
appropriate the same, or shall take or misappropriate or shall consent, or through
abandonment or negligence shall permit any other person to take such public
funds. Where the payment of public funds has been made in good faith, and there is
reasonable ground to believe that the public officer to whom the fund had been paid
was entitled thereto, he is deemed to have acted in good faith, there is no criminal
intent, and the payment, if it turns out that it is unauthorized, renders him only
civilly but not criminally liable. There is no showing that Tabuena had anything to do
whatsoever with the execution of the MARCOS Memorandum. Nor is there proof that
he profited from the felonious scheme; no conspiracy was established.

The principles underlying all that has been said above in exculpation of Tabuena
equally apply to Peralta in relation to the P5 Million for which he is being held
accountable, i.e., he acted in good faith when he, upon the directive of
Tabuena, helped facilitate the withdrawal of P5 Million of the P55 Million of the MIAA
funds.

ISSUE:
Whether the Sandiganbayan convicted them of a crime not charged in the amended
informations.
•
HELD:
No, because even if the mode charged differs from the mode proved, the
same offense of malversation is involved and conviction thereof is proper.

SC has already explained in a previous case that “Even on the putative assumption
that the evidence against petitioner yielded a case of malversation by negligence
but the information was for intentional malversation, under the circumstances of the
case his conviction under the first mode of misappropriation would still be in
order. Malversation is committed either intentionally or by negligence. The dolo or
the culpa present in the offense is only a modality in the perpetration of the
felony. Even if the mode charged differs from the mode proved, the same offense of
malversation is involved and conviction thereof is proper.”

In a falsification case, SC explained that “While a criminal negligent act is not a

simple modality of a willful crime, but a distinct crime in our Penal Code, designated
as a quasi offense in our Penal Code, it may however be said that a conviction for
the former can be had under an information exclusively charging the commission of
a willful offense, upon the theory that the greater includes the lesser offense. This is
the situation that obtains in the present case. 

ACQUIT.

17
DimDoms Digest Compilation
CRIMREV - ATTY. TICMAN