CHAPTER 5 – DRUGS produces a physiological

(COMPREHENSIVE DANGEROUS action similar to

DRUGS ACT OF 2002 (RA 9165) amphetamine, and
3. Hypnotic drugs, or any
A dangerous drug is a drug whose other compound producing
use is attended by risk and therefore similar physiologic effects
is unsafe, perilous and hazardous to Drug Dependence – a cluster of
people and society. A drug is any physiological, behavioral and
substance, vegetable, mineral or cognitive phenomena of variable
animal in origin, used in the intensity, in which the use of
composition or preparation of psychoactive drug takes on a high
medicines or any substance used as priority thereby involving, among
medicine. others a strong desire or a sense of
compulsion to take the substance
The Dangerous Drugs Act of 1972, and the difficulties in controlling
include the following Dangerous substance- taking behavior in terms
Drugs: of its onset, termination, or levels of
• Prohibited Drugs: (OCA- use.
HAO)
1. Opium and its active Two classes of Drug Dependence:
componentsand
derivatives such as A. Drug Addiction –
heroine and morphine (Both mind and
2. CocaLeafandits body) A state of
derivatives, principally periodic or chronic
cocaine intoxication
3. Alpha and beta eucaine, produced by the
hallucinogenic drugs such repeated
as mescaline, (LSD) and consumption of a
other substances drug, whether
producing similar effects synthetic or natural
4. Indian Hemp and its and found to be
derivatives detrimental to the
5. All preparations from any individual.
of the foregoing and;
6. Other drugs whether Characteristics of
natural or synthetic with Drug Addiction:
the physiological effects of (DIDD)
a narcotic drug. 1. An overpowering
• Regulated Drugs (SHA) Desire or need to
1. Self-inducing sedatives. continue taking
Any drug which, contains the drug or obtain
salt or a derivative of a salt it by any means.
of barbituric acid. 2. A tendency to
2. Any salt, isomer or salt of Increase the
an isomer. Any drug which dose
 3. A psychological *Based on discussion, 50 grams of
and physical shabu and 500 grams of Marijuana-
Dependence on Life imprisonment
the effects of the
drug The legal meaning of possession: 3 requisites
4. A Detrimental OA2
effect to the 1. There is
society and to Occupancy
the individual 2. There is
Apprehension
B. Drug Habituation 3. The taking be
(Mind)- is the desire with intent to
to have a continuous possess
use of the drug but otherwise known
with the capacity to as Animus
refrain physically Possedendi
from using it. *The term possession includes
“Constructive Possession”
st
Characteristics of 1 offense – minimum of 6 months
Drug Habituation: rehabilitation
(PLIP)
1. The desire to use Chain of Custody Rule - the custody
the drug is not and disposition of confiscated,
compulsive but seized and or surrendered
merely Physical dangerous drugs, Plant Sources of
2. There is Little or dangerous drugs, controlled
no tendency to precursors and essential chemicals,
increase the instruments/paraphernalia and or
dose. laboratory equipment – the PDEA
3. The dependence shall take charge and have custody
is not physical of all dangerous drugs, plant sources
but merely and of dangerous drugs, controlled
Psychical precursors and essential chemicals,
4. The detrimental as well as instruments paraphernalia
effect if any, is and laboratory equipment so
primarily on the confiscated, seized and or
Individual surrendered, for proper disposition.

Possession of Dangerous drugs – Pharmacologic Classification of

Penalty of life imprisonment to death Dangerous Drugs:
and a fine ranging from Php 500k to 1. Hypnotics
Php 10M for possession (depending 2. Sedatives and Tranquilizers
on the quantity p. 251, Legal 3. Hallucinogens and
Medicine volume 1) regardless of Psychomimetics
purity 4. Stimulants
5. Depressants
 6. Deliriants and Intoxicants complainants were instructed to go
to Gorondo Police Office wherein
Drug Related Death is classified into they met James who demanded
3 types: (PDS) money worth Php 100k which was
1. Primary Drug Fatality lowered to Php 40k in exchange of
– arises when death the release of Ariel. After the
is due to toxic or meeting they went to the NBI to file
adverse effect of the the complaint. Thus, the NBI
dangerous drug with conducted an entrapment operation.
or without During the course of the entrapment,
contributory the officers were able to nab Jaime
influences of Dela Cruz by using a pre-marked
preexisting unrelated 500 bill dusted with fluorescent
natural disease powder which was made part of the
2. Secondary drug amount demanded by James and
fatality – death due and handed by Corazon. After that,
tomedical petitioner was required to submit his
complicationsof urine for drug testing which produced
dangerous drug a positive result for having presence
abuse such as viral of dangerous drug. However,
hepatitis and petitioner denied the charge against
bacterial endocritis him.
3. Drug-related fatality Issue: WON the drug test conducted
– death due to upon the petitioner was legal
homicidal, suicidal, Held: No. The drug test can be
or accidental made upon persons who were
violence directly or apprehended or arrested under the
indirectly related to situations listed in Art. 2 of RA 9165.
drug abuse It must be noted that the accused
was arrested in the alleged act of
CASE: Jaime Dela Cruz vs People extortion
of the Philippines
CHAPTER 6 – SEXUAL
Facts: The petitioner, a police officer DYSFUNCTIONS AND SEXUAL
was charged of violation of Sec. 15 CRIMES
of RA 9165. According to the
prosecution, the NBI received a Sexual Response has four stages:
complaint from Corazon and Charito (DAOR)
that Ariel, who was the live-in partner 1. Desire – That ardent wish to
of Corazon and the son of Charito engage in sexual activity. It
was picked up by unknown persons may be triggered by thoughts
whom were believed to be police or verbal and visual
officers for allegedly selling drugs. suggestions
After that, an errand boy came and 2. Arousal – The state of sexual
gave a phone number to the excitement. During arousal,
complainants. During the call, blood flow to the genital area
 increases, leading to an 4. Auto Sexual – It is a form
erection in men, and in of sexual self-gratification
enlargement of the clitoris, (masturbation)
engorgement of the vaginal 5. Gerontophilia – the sexual
walls and increased vaginal desire with elder persons
secretions in women 6. Necrophilia – the sexual
3. Orgasm – is the peak or perversion characterized
climax of sexual excitement. by erotic desire or coitus
In men, semen ejaculates with a cadaver
from the penis. In women, the 7. Incest – sexual relations
muscles surrounding the between persons who are
vagina contracts rhythmically. relatives by blood
4. Resolution – A sense of well relationship [Lannisters!!!]
being and general muscular B. As to instinctual strength of
relaxation follows orgasm. the sexual urge
1. Over sex – Satyriasis in
Sexual Dysfunctions: men, Nymphomania in
A. As to choice of sexual women
partners 2. Under sex or sexual
1. Homosexual – The sexual frigidity
desire is toward the same C. As to the mode of sexual
sex. (sexual orientation). expression
2 kinds of Homosexuals: 1. Oralism – The use of the
a. Overt – Persons who mouth as a way of sexual
are conscious of their gratification.
homosexual cravings a. Fellatio
and who makes no b. Cunnilingus
attempt to disguise c. Analism
their intention. They 2. Sado-masochism – pain or
make advances cruel acts are inflicted on
towards members of the sexual partner for
their own sex openly. sexual gratification [50
b. Latent – Persons who shades]
may or may not be a. Sadism
aware of the tendency b. Masochism
in that direction but are 3. Fetishism – is the sexual
nevertheless incline to perversion wherein the
repress the urge to give real or fantasized
way to their presence of an object or
homosexual yearning. bodily part is necessary for
2. Infanto Sexual – the sexual stimulation and or
sexual desire is towards gratification
minors. Pedophilia a. Anatomic
3. Besto Sexual – A sexual b. Clothing
desire towards animals c. Necrophilic
d. Odor
 4. Narcissism – A person has 5. Healed laceration with
extreme admiration and rounded non-coaptible
love of ones self. Sexual borders and retraction of the
gratification is attained by edges (after one month)
looking at the mirror and
appreciating hiss own self Death related to the sexual
Body parts to be examined to act:
determine virginity: 1. Death of the male partner
1. Breast 2. Death of the female
2. Vaginal canal- Generally in partner
virgins, the vaginal canal is 3. Death of both partners
tight and the rugosities are Sex crimes in the RPC:
sharp and prominent A. Rape
3. Labia Majora and Labia B. Carnal Knowledge
Minora C. Seduction
4. Fourchette D. Acts of lasciviousness
5. Hymen E. Acts of lasciviousness with the
*Defloration – this is the laceration or consent of the offended party
rupture of the hymen, as a result of F. Abduction
sexual intercourse. G. Adultery
H. Concubinage
Parts of the genitalia to be examined I. Bigamy
to determine defloration: J. Marriage contracted against
1. Pudendum – also called the the provisions of law
vulca. K. Premature marriage
2. Fourchette – the fold of skin L. Performance of illegal
about one inch from the anus, marriage ceremony
forming the posterior margin M. Prostitution
of the vulva.
3. Vaginal canal CASES: People of the Philippines
4. Hymen vs Heinrich S. Ritter
Duration of Hymenal Laceration: FACTS: On or about October 10,
1. Fresh bleeding laceration – 1986, Ritter brought Jessie Ramirez
the laceration is of recent and Rosario Baluyot in a hotel room in
origin Olongapo. Ritter masturbated Jessie
2. Fresh healing – usually occurs and fingered Rosario. Afterwards, he
after 24 hours to 4 days inserted a foreign object to the vagina
3. Healed laceration with of Rosario. The next morning, Ritter
congested edges and with gave Jessie 200, and Rosario 300.
sharp coaptsble borders – Rosario told Jessie that Ritter inserted
recently healed laceration (4- an object inside her vagina. Sometime
10 days) the following day, Rosario said that the
4. Healed laceration with sharp object has already been removed from
coaptible borders without her vagina. On May 14, 1987,
congestion (11-30 days) Alcantara saw Rosario with bloody
skirt, foul
smelling. Rosario was brought and Ruby Vera-Neri vs People of the
confined to Olongapo City general Philippines and CA
Hospital. An OB-Gyne tried to Maria Victoria B. Ventura vs Atty.
remove the object inside her vagina Danilo Samson
using forceps but failed because it
was deeply embedded and covered CHAPTER 7 – MENTAL HEALTH
by tissues. She was having DISORDERS
peritonitis. She told the attending
physician that a Negro inserted the Mental Health disorders include
object to her vagina 3 months ago. disturbances in thinking, emotion
Ritter was made liable for rape with and behavior. There is a complex
homicide. RTC found him guilty of interaction between the physical,
rape with homicide. psychological, social, cultural and
hereditary influences, in maintaining
ISSUE: W/N Ritter was liable for good mental health.
rape and homicide
Some factors that contribute to the
development of Mental disorders:
HELD: No. The prosecution failed to 1. Hereditary
prove that Rosario was only 12 years 2. Incestuous Marriage
old when the incident with Ritter 3. Impaired Vitality
happened. And that Rosario 4. Poor moral training and
prostituted herself even at the tender breeding
age. As evidence, she received 300 5. Psychic factors
from Ritter the following morning. A 6. Physical Factors
doctor/specialist also testified that
the inserted object in the vagina of Kinds of mental health disorders:
Rosario Baluyot by Ritter was 1. Psychosomatic disorders –
different from that which caused her often been employed to
death. Rosario herself said to Jessie physical disorders caused by
the following day that the object has psychological disorders
been removed already. She also told 2. Somatoform disorders
the doctor that a Negro inserted it to 3. Generalized anxiety disorders
her vagina 3 months ago. Ritter was – consist of excessive, almost
a Caucasian. daily anxiety and worry lasting
six (6) months or longer
However, it does not exempt him for 4. Panic attacks and panic
the moral and exemplary damages disorder
he must award to the victim’s heirs. It 5. Phobic disorders –this anxiety
does not necessarily follow that the involves persistent,
appellant is also free from civil unrealistic, intense anxiety in
liability which is impliedly instituted response to specific external
with the criminal action. Ritter was situations
deported. 6. Obsessive-compulsive
disorder – Obsessions. An
urge or compulsion to do
 some thing that will relieve the a. Illusion
discomfort caused by an b. Hallucination
obsession. 2. Disorders of Memory
a. Dementia
7. Post traumatic stress disorder 3. Amnesia
– This is an anxiety disorder
caused by exposure to an The following are the distinctions
overwhelming traumatic between true and false insanity:
event, in which the person Classification of mental deficiency:
later repeatedly re- 1. Idiot – the idiot’s intelligence
experiences the event. never exceeds that of a
8. Depression and Mania – normal child over 2 years old.
these disorders represents This is usually congenital. An
the two major poles of mood idiot is usually deficient in
disorders. intelligence, will power and
9. Bipolar disorder – also called emotion.
as manic depressive illness. 2. Imbecile – intelligence
Condition in which periods of compared to a normal child
depression alternate with from 2-7 years old and the IQ
periods of mania or lesser is only 20-40
degrees of excitement. 3. Feeble minded – his mentality
10. Suicidal behavior- the final act is similar to that of a normal
in the course of self child between 7-12 years old.
destruction IQ is 40-70
11. Eating disorders: 4. Moron – A feeble minded
a. Anorexia person with a higher IQ than
b. Bulimia that of an imbecile
c. Binge eating disorder 5. Morally defective – he is
12. Personality disorder devoid of moral sense and
*Narcissistic personality adheres to the hedonistic
*Anti-social personality principle of “live today for
13. Dissociative disorders tomorrow we die”
a. Dissociative Amnesia Malingerer: a person who pretends
b. Dissociative Fugue or protracts illness or injury to
c. Dissociative Identity escape work or duty
Disorder Case: People of the Philippines vs
14. Schizophrenia – symptoms Roger Ringor Umawid
must persist for at least 6
mos. Facts: On November 26, 2002 at
15. Delusional Disorder around 4 o'clock in the afternoon,
16. Psychological Incapacity Vicente Ringor was staying with his
two-year old granddaughter,
Some manifestations of mental Maureen Joy Ringor, at the terrace
disorders: of their house located at Villanueva,
1. Disorders of cognition San Manuel, Isabela. Suddenly,
(knowing) Roger Ringor Umawid appeared and
started attacking Vicente with a long and found that the latter was evident
bolo (panabas) without any reason. od psychotic symptoms. However,
While Vicente was able to escape he could not tell with certainty
Umawid's blows, the latter whether Umawid was psychotic at
nevertheless hit Maureen on her the time of the commission of the
abdomen and back, causing her crimes. On the other hand, Dr.
instant death. Upon seeing Maureen Juliana failed to testify on Umawid's
bloodied, Umawid walked away. mental stare since she merely
referred the latter to another doctor
Thereafter, Umawid went to a nearby for further evaluation.
house which was only five meters
away from Vicente's house where his Issue:
nephew, Jeffrey Mercado, was Whether or not the accused is
sleeping. Awaken by the sudden exempted from criminal liablity due
noise, Jeffrey went outside only to to insanity?
see his uncle rushing to attack him
with his panabas. Ruling:
No. Under Article 12 of the RPC:
Jeffrey, along with his sister and
cousin, rushed inside the house to Article 12. Circumstances which
seek for safety. However, Umawid exempt from criminal liabity - The
was able to prevent Jeffrey from following are exempt from criminal
closing the door and the former liability:
barge into the house. Jeffrey 1. An imbecile or an insane person,
crouched and covered his head with unless the latter has acted during a
his arms to shield him from lucid interval.
Umawid's impending attacks.
The defense of insanity is in the
Umawid delivered fatal hacking nature of confession and avoidance
blows to Jeffrey, causing the because an accused invoking the
mutilation of the latter's fingers. same admits to have committed the
Umawid only stopped upon seing crime but claims that he or she is not
Jeffrey, who was then pretending to guilty because of insanity. The
be dead, leaning on the wall and presumption is in favor of sanity,
blood-stained. anyone who pleads the said defense
bears the burden of proving it with
In court, Umawid set up the defense of clear and convincing evidence.
insanity, but did not, however, take the Considering the case, the evidence
witness stand to attest the same. must relate to the time immediately
Instead, he presented the before or during the commission of
testimonies of Dr. Arthur M. Quincina the offense/s with which one is
and Dr. Leonor Andres Juliana to charged. Also, to support the
support his claim. Dr. Quincina defense of insanity, it must be shown
testifies that he evaluated Umawid's that the accused had no full and
psychiatric condition in May 2002, clear understanding of the nature
February 2003, and on March 2003 and consequences of his or her acts.
 Prisons justify the basis for the
In this case, Umawid relied solely on imprisonment of petitioner Reynaldo
the defense of Dr. Quincina and Dr. de Villa; and second, that petitioner
Juliana to support his claim of be granted a new trial.
insanity. However, Dr. Quincina only
examined Umawid six months before In People of the Philippines v.
he committed the crime and three Reynaldo de Villa, the trial court
months and four months thereafter. found petitioner guilty of the rape of
Her findings as she admitted did not Aileen Mendoza, his niece by affinity;
include Umawid's mental disposition sentenced him to suffer the penalty
immediately before or during the of reclusion perpetua. During the
commission of the crimes. Also, trial, the prosecution established that
given that Dr. Juliana failed to testify sometime in the third week of April
in favor of the accused, Umawid's 1994, at about 10:00 in the morning,
defense of insanity remained Aileen Mendoza woke up to find
unsubstiantiated, hence, he was petitioner on top of her. She was
properly adjudged by the RTC and unable to shout for help because
CA as criminally liable. petitioner covered her mouth with a
pillow and threatened to kill her.
Aileen could not do anything but cry.
This encounter allegedly resulted in
CHAPTER 8 – FORENSIC DNA Aileen's pregnancy, which was
EVIDENCE noticed by her mother, Leonila
Mendoza, sometime in November
Assessment of probative value of 1994. When confronted by her
DNA evidence: mother, Aileen revealed that
In assessing the probative value of petitioner raped her. Aileen's parents
the DNA evidence presented, the then brought her to the Pasig Police
court shall consider the following: Station, where they lodged a criminal
1. Chain of Custody complaint against petitioner. On
2. Methodology automatic review, we found that the
3. Accreditationor date of birth of Aileen's child was
competence of the laboratory medically consistent with the time of
4. Reliability of the testing the rape.
results
Three years after the
Case: June De Villa vs The Director, promulgation of our Decision, we are
New Bilibid Prisons once more faced with the question of
Reynaldo de Villa's guilt or
Facts: This is a petition for the innocence. Petitioner-relator in this
issuance of a writ of habeas corpus case, June de Villa, is the son of
under Rule 102 of the Rules of Reynaldo. He alleges that during the
Court. Petitioner Reynaldo de Villa, trial of the case, he was unaware
joined by his son, petitioner-relator that there was a scientific test that
June de Villa, seeks a two-fold relief: could determine once and for all
First, that respondent Director of ifReynaldo was the father of the
victim's child, Leahlyn. Thus,
petitioner's brief in People v. de Villa
sought the conduct of a blood type CHAPTER 9 – VEHICULAR
test and DNA test in order to ACCIDENTS
determine the paternity of the child A vehicular accident by medicolegal
allegedly conceived as a result of the definition, is an unexpected,
rape.12 This relief was implicitly unforeseen happening by chance. It
denied in our Decision of February is not planned, certain and
21, 2001. Petitioner-relator was premeditated or designed.
undaunted by these challenges.
Having been informed that DNA Road accident types:
tests required a sample that could be 1. Head on collision
extracted from saliva, petitioner- 2. Run off road collision
relator asked Billy Joe de Villa, a 3. Rear end collision
grandson of Reynaldo de Villa and a 4. Side collision
classmate of Leahlyn Mendoza, to 5. Rollover collision
ask Leahlyn to spit into a new, sterile 6. Single vehicle
cup. 16Leahlyn readily agreed and crash Sea accidents
did so. Billy Joe took the sample Motorcycle accidents
home and gave it to the petitioner- Under RA 10586 the following
relator, who immediately labeled the field sobriety tests shall be done to
cup as "Container A." initially assess and determine
After testing, the alcohol or drug intoxication:
DNA Laboratory rendered a 1. The Eye test
preliminary report on March 21,2003, 2. The walk and turn test
which showed that Reynaldo de Villa 3. The one leg stand test
could not have sired Leahlyn due to Airplane crashes
the absence of a match between the
pertinent genetic markers. Hence, Case: PAL vs CA
this instant petition. Summary: Nicanor Padilla died in a
plane crash on board a Philippine
Issue: Was the DNA result a valid Airlines flight. The trial court and CA
basis for habeas corpus and new awarded Natividad Padilla, his
trial? mother and only legal heir, indemnity
using Nicanor’s life expectancy as
Ruling: No. Dismissed for lack of basis. PAL contends that the CA
merit. Although the DNA evidence erred in computing the awarded
was undoubtedly discovered after indemnity on the basis of life
the trial, we nonetheless find that it expectancy of Nicanor rather than
does not meet the criteria for “newly the life expectancy of Natividad. It
discovered evidence” that would argued that in the controlling element
merit a new trial. in determining loss of earnings
arising from death is the life
expectancy of the deceased or of the
beneficiary, whichever is shorter.
The SC held that indemnity to the
heirs of a victim of a breach of whether any medical diagnosis and
contract of carriage should be treatment before death was
computed on the basis of the life appropriate.
expectancy of the deceased, and not
that of the beneficiary. Types of Autopsies:
 Forensic or coroner’s
Doctrine: Under Art. 1764 and autopsies seek to find the
Article 22016 (1) of the Civil Code, cause and manner of death
the award of damages for death is and to identify the decedent.
computed on the basis of the life o Natural o
expectancy of the deceased not the Accident o
beneficiary Murder o
Homicide o
CHAPTER 10 – EXHUMATION AND Suicide
AUTOPSY o Undetermined

Exhumation or disinterment is the • Clinical or academic

digging up of a buried body, and is autopsies are performed for
generally considered sacrilege or research purposes.
taboo, by most cultures that bury
their dead, except under the Death certificate: conclusive
following circumstances: evidence only as to the fact of death
a. The court may order of the deceased
the exhumation of the
dead for the proper Case: Stronghold insurance
administration of justice b. company vs CA
Whenever the solicitor
general, provincial or city FACTS: Petitioner: Stronghold
fiscal as authorized by Insurance Respondent: Court of
existing laws, shall deem Appeals, Northern Motors, Inc. ·
it necessary (to Leisure Club, Inc. filed civil case
determine the cause of against Northern Motors Inc. for
death replevin and damages. It sought the
c. Whenever the nearest recovery of certain office pieces of
kin shall request in furniture and equipments. The lower
writing the authorities court ordered the delivery of subject
concerned to ascertain properties to Leisure Club Inc.
the cause of death subject to the posting of the requisite
Autopsy – to determine the cause bond under Section 2, Rule 60 of the
and manner of death and to evaluate Rules of Court. Accordingly, Leisure
any disease or injury that may be Club Inc. posted a replevin bond
present issued by Stronghold Insurance Co.,
Purpose: The principal aim of an Inc. In due course, the lower court
autopsy is to determine the cause of issued the writ of replevin, thereby
death, the state of health of the enabling Leisure Club Inc. to take
person before he or she died, and possession of the disputed
properties. · Northern Motors Inc. continuance in order to present its
filed a counter bond for the release own witness. Stronghold, however,
of the disputed properties. However, never presented any witness. · The
efforts to recover these properties lower court issued its now disputed
proved futile as Leisure Club Inc. Order finding Stronghold liable under
was never heard of again. · For its surety bond for the damages
failure to appear in the pre-trial of the awarded to Northern Motors Inc. ·
case, Leisure Club, Inc. was The thrust of the opposition of the
declared non-suited. Northern bonding company is to the effect that
Motors Inc. presented its evidence the motion for a writ of execution is
ex-parte and the lower court not the proper remedy but an
rendered its decision in favor of application against the bond should
Northern Motors Inc. · Northern have been the remedy pursued. The
Motors Inc. filed a "Motion for surety company contends that it is
Issuance of Writ of Execution not a party to the case and that the
Against Bond of Plaintiff's Surety" decision clearly became final and
which was treated by the lower court executory and, therefore, is no
as an application for damages longer liable on the bond. The surety
against the replevin bond. · At the company likewise raised the issue as
hearing of the said motion as well as to when the decision became final
the opposition thereto filed by and executory. Moreover, the surety
Stronghold Insurance Co., Inc., company avers that the defendant
Northern Motors Inc. presented one failed to prove any damage by
witness in the person of its former reason of the insurance of replevin
manager Clarissa G. Ocampo, bond. · Sec. 20 of Rule 57, in
whose testimony proved that: · (a) relation to Sec. 10 of Rule 60,
Northern Motors Inc., and Macronics provides that the party against whom
Marketing entered into a leased the bond was issued may recover on
agreement wherein the latter leased the bond for any damage resulting
certain premises from the former. · from the issuance of the bond upon
(b) Macronics failed to pay its bills to application and hearing. The
Northern Motors Inc., so the latter application must be filed either:
was forced to terminate the lease. · before trial; before appeal is
(c) Because of Macronics' unpaid perfected; before judgment becomes
liabilities to Northern Motors Inc., the final and executory. · Being the
latter was forced to sell off the prevailing party, it is undeniable that
former's properties in an auction sale the defendant is entitled to recover
wherein Northern Motors Inc. was against the bond. The application for
the buyer. Macronics was duly that propose was made before the
notified of the sale. · (d) These decision became final and before the
properties sold were the sole means appeal was perfected. Both the
available by which Northern Motors prevailing and losing parties may
Inc. could enforce its claim against appeal the decision. In the case of
Macronics. · Stronghold Insurance the plaintiff appears that its counsel
Co., Inc. did not cross-examine the did not claim the decision which was
said witness. Instead it asked for sent by registered mail on June 20,
1986 and filed the motion for nature of the proceedings to recover
execution against the bond on July damages against a surety, in this
3, 1986. Hence, with respect to the wise: · In such case, upon
defendant the motion against the application of the prevailing party,
bond was filed before any appeal the court must order the surety to
was instituted and definitely on or show cause why the bond should not
before the judgment became final. · respond for the judgment of
Although the claim against the bond damages. If the surety should
was denominated as a motion for contest the reality or reasonableness
issuance of a writ of execution, the of the damages claimed by the
allegations are to the effect that the prevailing party, the court must set
defendant is applying for damages the application and answer for
against the bond. In fact, the hearing. The hearing will be
defendant invokes Sec. 10, Rule 60, summary and will be limited to such
in relation to Sec. 20, Rule 57, Rules new defense, not previously set up
of Court. Evidently, therefore, the by the principal, as the surety may
defendant is in reality claiming allege and offer to prove. ·
damages against the bond. · It is Stronghold Insurance Co., Inc.,
undisputed that the replevin bond never denied that it issued a replevin
was obtained by the plaintiff to bond. Under the terms of the said
answer for whatever damages the bond, Stronghold Insurance together
defendant may suffer for the with Leisure Club Inc. solidarily
wrongful issuance of the writ. By bound themselves in the sum of
virtue of the writ, the plaintiff took P42,000 — · (a) for the
possession of the auctioned
prosecution of the action, · (b) for
properties. Despite a redelivery bond
the return of the property to the
issued by the defendant, the plaintiff
defendant if the return thereof be
refused to return the properties and
adjudged, and · (c) for the payment
in the fact repossessed the same.
of such sum as may in the cause be
Clearly, defendant suffered damages
recovered against the plaintiff and
by reason of the wrongful replevin, in
the costs of the action. · In the case
that it has been deprived of the
at bar, all the necessary conditions
properties upon which it was entitled
for proceeding against the bond are
to enforce its claim. Moreover, the
present, to wit: · (i) the plaintiff a
extent of the damages has been
quo, in bad faith, failed to prosecute
qualified in the decision dated June
the action, and after relieving the
9, 1986. · CA affirmed the Order.
property, it promptly disappeared; ·
Hence, this petition.
(ii) the subject property disappeared
with the plaintiff, despite a court
ISSUE: WON Northern Motors is
order for their return; and · (iii) a
entitled for damages against the reasonable sum was adjudged to be
surety due to respondent, by way of actual
and exemplary damages, attorney's
HELD : In the case of Visayan
fees and costs of suit. · On the
Surety & Insurance Corp. vs.
propriety of the award for damages
Pascual, the Court explained the and attorney's fees, suffice it to state,
that as correctly observed by the exemplary damages under Art. 2232
Court of Appeals, the record shows of the Civil Code.
that the same is supported by
sufficient evidence. Northern Motors
proved the damages it suffered thru
evidence presented in the hearing of CHAPTER 11 – HANDING OF THE
the case itself and in the hearing of EVIDENCE
its motion for execution against the
replevin bond. No evidence to the Helpful hints to safeguard the chain
contrary was presented by of custody:
Stronghold Insurance Co., Inc. in its 1. Limit the number of
behalf. It did not impugn said award individuals handling evidence
of exemplary damages and attorney's 2. Confirm that all names,
fees despite having every opportunity identification numbers, and
to do so. · As correctly held by dates are listed on the chain
respondent Court of Appeals of custody documents
Stronghold Insurance, Inc. has no 3. Ensure that all evidence
ground to assail the awards against it packaging is properly sealed
in the disputed Order. Unless it has a and marked prior to
new defense, it cannot simplistically submission
dissociate itself from Leisure Club, Inc. 4. Obtain signed or otherwise
and disclaim liability vis-a-vis the secure receipts upon transfer
findings made in the Decision of the of evidence.
lower court dated June 9, 1986. Under The importance of avoiding cross
Section 2, Rule 60 the bond it filed is contamination can not be
to ensure "the return of the property to overemphasized.
the defendant if the return thereof be Evidence even if not formally offered,
adjudged, and for the payment to the may be admitted and considered by
defendant of such sum as he may the trial court.
recover from the plaintiff in the action."
The bond itself ensures, inter alia, "the The foundation
payment of such sum as may in the
cause be recovered against the In law, a foundation is sufficient
plaintiff and the cost of the action." preliminary evidence of the
(pp. 24-25, Rollo) · Beside, Leisure authenticity and Relevance for the
Club Inc.'s act of filing a replevin suit admission of material evidence in the
without the intention of prosecuting the form Of exhibits or testimony of
same but for the mere purpose of witnesses. Material evidence is
disappearing with the provisionally important evidence that may serve to
recovered property in order to evade determine the outcome of a case.
lawfully contracted obligations Microbial forensic evidence
constitutes a
wanton, fraudulent, reckless, CHAPTER 12 – THE CRIMINAL
oppressive and malevolent breach of MIND
contract which justifies award of
Medical science discloses that, Calderon were sighted outside the
Genetics and Environment work super sale club, a supermarket
together to encourage violent within the ShoeMart (SM) complex
behavior. along North Edsa, by Lorenzo Lago,
a security guard who was manning
Brain-imaging studies have his post at the open parking area of
documented impairments in the supermarket. Lago saw petitioner
offenders. Murderers for instance, who was wearing an identification
tend to have poorer functioning in card with the mark “Receiving
the prefrontal cortex—the “guardian Dispatching Uni”t hauling a push cart
angel” that keeps the breaks on with cases of detergent of the well
impulsive, disinhibited behavior and known “Tide” brand.
volatile emotions. For a crime to exist in our legal law,
it is not enough that mens rea be
Irresistible Impulse Test (Parsons vs shown; there must also be an actus
State) “the duress of such mental reus. A final ruling by the Court that
disease that he had… lost the lowe there is no crime of frustrated theft in
to choose between right and wrong” this jurisdiction will not lead to
scholastic pariah. “in theft or robbery
Scans revealed a distinct lack of the crime is consummated after the
activation in the ventral prefrontal accused had material possession of
cortex- the brain region that helps the thing with intent to appropriate
regulate emotions and control the same, although his act of making
impulses use of the thing was frustrated”.
There us no crime of frustrated theft
Personality disorders and traits:
Attention Deficit Hyperactivity
Disorder (ADHD), Conduct Disorder
(CD), Oppositional Defiance
Disorder (ODD)

M’Naghten test is a rule for criminal

insanity

Mens Rea- the mental state or mens

rea is the person’s guilty state of
mind when committing the act.

Aristotel Valenzuela vs People of the

Philippines and CA (crime of
consummated theft)

Petitioners, Aristotel Valenzuela and

Jovy Calderon was charged with the
crime of theft. On May 19, 1994 at
around 4:30pm petitioner and