CASE

1. People vs.
Lamahang

PLACE
Delgado
and
C.R.
Fuentes
streets of the
City of Iloilo

CHARACTERS
Aurelio Lamahang (A)
Tan Yu- store owner
Jose Tomambingpoliceman

CRIME CHARGED
Attempted robbery

COURTS
CFI -> SC (Attempted
trespass to dwelling)

2. People vs.
Sitchon

Batangas,
Street Tondo,
Manila

Emelito Sitchon (A)

Mark Angelo Fernandez (+)
2yrs old

Murder

CFI -> SC

CLAIM

Sitchon he was conscious

when the incident happened
but he simply did not realize
that he had hit the child hard
with the brooms wooden
handle.
Petitioner lower court erred in
finding the accused appellant
guilty of the crime charged
despite clear and convincing
evidence on record, supporting
his plea of insanity.

3. People vs.
Estrada

St. Johns
Cathedral
Dagupan,
Philippines

Roberto Estrada (A)

Rogelio Mararac (+)
Conrado Francisco police
Dr, Maria GawidanSchizophrenic Psychosis

Murder

RTC -> SC (remanded the

case for conduct of
mental examination)

4. People vs.
Ortega

Daangbakal,
Dalandanan,
Valenzuela,
Metro Manila

Benjamin Ortega, Jr. (A)

Manuel Garcia (A)
Romeo Ortega (A)
Andre Mar Masangkay (+)
- Multiple stab wounds
contributory, asphyxia by
submersion in water
Diosdado
Quitlong

witness
Ariel Caranto called
Benjamin Ortega, Sr.
Raquel Ortega being
courted by Andre
Col. Leonardo Orig

Murder

RTC (finds Quitlongs

story more believable)

Benjamin and Romeo should be

only liable for Homicide

->

Manuel Garcia
acquitted

Juan Escote (A)

- Fled and reapprehended

Robbery with Homicide

5. People vs.
Escote

Five Star
Passenger Bus

Notes by: Jameh Jann Rosales Narvasa

SC
Benjamin: Homicide
Manuel: Acquittal

RTC -> SC

should

be

DOCTRINE
Indeterminate crime. Attempt to commit an offense
which the penal code punishes is that which has a
logical relation to a particular, concrete offense; that,
which is the beginning of the execution of the offense
by overt acts of the perpetrator, leading directly to its
realization and consummation.
Artiled 4 (1) although the act done be different xxx.
He who is the cause of the cause xxx
The appellant merely intended to inflict physical
injuries upon the boy, he is nevertheless liable for the
death of the victim
Under the classical theory on which our penal code is
mainly based, the basis of criminal liability is human
free will. Man is rational being xxx When he commits a
felonious or criminal act, the act is presumed done
voluntarily (with F,I,I) Man there should be adjudged or
held accountable for wrongful acts so long as free will
appears unimpaired. Insanity is exempted under Article
12 (1) Insanity exists when there is a complete
deprivation of intelligence in committing the act.
Yes. Abuse of superior strength requires deliberate
intent on the part of the accused to take advantage of
such superiority. It must be shown that the accused
purposely used excessive force that was manifestly out
of proportion to the means available to the victims
defense. There was not testimony as to how the attack
was initiated. The accused and the victim were already
grappling when Quitlong arrived. Nothing in the
foregoing testimony and circumstances can be
interpreted as abuse of superior strength.
Appellant Garcia cannot be convicted of (1) homicide
through drowning in an information that charges
murder by means of stabbing. (2) Accessory penalty for
concealing the body of the crime in order to prevent its
discovery is barred by Article 20 exempting it to
relatives. Garcia is a brother-in-law of Ortega, Maritess
being his wife.
In order to determine the existence of a crime o
robbery with homicide, it is enough that a homicide

going to
Bolinao,
Pangasinan
from Pasay
City. crime
happened
along Plaridel,
Bulacan

but no evidence adduced

Victor Acuyan (A)
Romulo Digap conductor
Rodolfo Cacatian -driver
SPO1 Jose Manio Jr
police (+)
SPO3 Florante S. Ferrer
police
checkpoint
in
Tarlac, Tarlac
Ilarde VIctorino- enemy of
Victor implicating him in
the robbery of 5 star

would result by reason or on the occasion of the

robbery.
All those who took part as principals in the robbery will
also be held guilty as principals of robbery with
homicide although they did not take part in the
homicide, unless it appears that thye endeavored to
prevent the homicide. Hence, Victor and Juan
conspired and confabulated together in robbing the
passengers of the 5 star bus of their money and
valuables and Romulo of his collections of the fares of
the passengers and in killing SP01 Manio.
Death is the proper penalty affirming RTCs decision
because there is existence of treachery absent any
mitigating circumstances.

1. People vs.
Amigo

National High
way of Bajada,
Davao City

Patricio Amigo (A)

Benito Ng Suy (+) (sepsis:
overwhelming infection)

Frustrated Murder
Because of death, it
became Murder

RTC (reclusion perpetua)

SC

Amigo: Under Article 3 Section

19 (abolition of death penalty)
Since the death penalty is not
imposable when the stabbing
and killing happened, the
computation of the penalty
should be regarded from
reclusion perpetua down and
not from death penalty. Hence,
the penalty must be reclusion
temporal

Finally, accused-appellant claims that the penalty of

reclusion perpetua is too cruel and harsh a penalty and
penalty and pleads for sympathy. Courts are not the
forum to plead for sympathy. The duty of courts is to
apply the law, disregarding their feeling of sympathy or
pity for an accused. Dura Lex Sed Lex. The remedy is
elsewhere- clemency from the executive or an
amendment of the law by legislative, but surely, at this
point, this Court cannot but apply the law.

Rape with Homicide

RTC (perpetua) -> SC

(death)

Prosecutor the penalty of

reclusion perpetua imposed by
respondent judge is erroneous
for under Section 11 of RA 7659
(Heinous Crimes Law), reclusion
perpetua to death was the
penalty when by reason or on
the occasion of the rape, a
homicide is committed

when by reason or on the occasion of rape, a

homicide is committed, the penalty shall be death
leaves no room for the exercise of the discretion of
judge unlike other penalty stating reclusion perpetua
to death

Aristotel and Jovy contends that

they were just innocent by-

Article 6 refers to 3 stages of crime. Each felony under

the RPC has a subjective phase or that portion of the

Others:
Jocelyn Ny Suy daughter
2 other boys 2 and 5
y.old

2. People vs.
Veneracion

Warehouse in
Manila
Del Pan st. near
the corner of
Lavaseras St.,
Binondo,
Manila

1.Valenzuela
vs. People

Outside the
Super Sale Club,

Virgilio Abogada driver

of orange tamaraw with
Patricio
Abundio Lagunday (A) died
when tried to arrest
Henry Lagarto (A)
Ernesto Cordero
Rolando Manlangit
Richard Baltazar
Catalino Yaon
Angel Alquiza (+) 7 yrs old
Hon.Lorenzo Veneracion

Aristotel Valenzuela (A&P)

Jovy Calderon (A)

Notes by: Jameh Jann Rosales Narvasa

Consummated Theft

RTC -> CA -> SC

It is its bounden duty to emphasize that a court of law

is no place for a protracted debate on the morality or
propriety of sentence, where the law itself provides for
then a specific penalty in specific well-defined crimes.

a supermaket
within the SM
complex along
North EDSA

Others:
Lorenzo Lago: security
guard

standers

acts constituting the crime

Calderon: withdraw his ATM

accompanied by his neighbor
went to buy snakcs

Attempted: within the subjective phase

Consummated and frustrated: beyond subjective phase
The critical distinction between them is whether the
felony itself was actually produced. The determination
of whether the felony was produced after all the acts
of execution had been performed hinges on the
particular statutory definition of the felony which
furnishes the elements of each crime.

Aristotel: he and his cousin were

about ot head to Pag-asa when
a gunshot was heard causing
them to run.
CA: he should only be convicted
of frustrated theft since he was
never placed in a position to
freely dispose of the articles
stolen.

Elements of theft Article 308

a. that there be taking of personal property
b. that said propeorty belongs to another
c. that the taking be done with intent to gain
d. that the taking be done without the consent of the
owner
e. that the taking be accomplished without the use of
violence against or intimidation of persons or force
upon things.
When is the crime produced?
There would be all but certain unanimity in the
position that hteft is produced when there is
deprivation ofpersonal property due to tis taking by
one with intent to gain.

2. People vs.
Orande

Paco, Manila

Arnulfo Orande (A)

Jessica Castro (V)
Others:
Girlie de la Cruz: mother of
Jessica
Mrs. Adoracion Mojica
teacher of Jessica

Notes by: Jameh Jann Rosales Narvasa

4 counts of rape

RTC (2 counts of simple

rape,1 count of statutory
rape,
1
count
of
frustrated rape)
->
SC (consummated rape

RTCs contention
Orande:
nd
*During the 2 rape incident,
he was driving his pedicab
* Jessica disapproved of his
relationship with her mother
*
improbability
of
rape
inasmuch as the make-up room

Unlawful taking is most material in this respect.

Unlawful taking,w hcih is the deprivation of ones
personal property, is the element which produces the
felony in its consummated stage. At the same time,
without unlawful taking as an act of execution, the
offense could only be attempted theft, if at all.
Therefore only attempted and consummated are the
stages in theft.
We have set the uniform rule that for consummation
of rape, perfect penetration is not essential. Any
penetration of the female organ by the male organ is
sufficient. Entry of the labia or lips of the female organ,
without rupture of the hymen or laceration of the
vagina is sufficient to warrant conviction. Necessarily,
rape is attempted if there is no penetration of the
female organ because not all acts of execution was

Antonia De la Cruz Aunt

of Jessica

not frustrated)
2 simple rape
2 statutory rape

made it impossible for Jessicas

siblings not to wake up during
the commission of the crime.
*failure of Jessica to cry out of
help, knowing that her mothers
relatives were in the same
house
Girlie:
st
nd
1 and 2 rape, Orande was
with her in the fish market
SC:
RTC erred in convicting the
accused or frustrated rape
despite the fact that under
prevailing jurisprudence there is
no such crime.

3. People vs.
Campuhan

Primo Campuhan (A)

Crysthel Pamintuan (V) 4
years old
Others:
Corazon Pamintuan
Conrado Plata borhter of
Corazon, employer of
Primo

Statutory rape

RTC -> SC (Attempted

rape)

Notes by: Jameh Jann Rosales Narvasa

Crystels younger sister

was also in the room
playing while Corazon
was downstairs
Could easily be heard
considering that they
live in the same
compound.
Door was wide open
for anybody to see
what could be taking
place inside.
From where Corazon
stood, she could not
have seen the alleged
touching of the sexual
organs
Absence of external
signs
of
physical
injuries
or
of
penetration
of
Crysthels private parts
more than bolsters his
innocence.

performed. The offender merely commenced the

commission of a felony directly by overt acts. Taking
into account the nature, elements and manner of
execution of the crime of rape and jurisprudence on
the matter, it is hardly conceivable how the frustrated
stage in rape can ever be committed.
Consummated
She felt his sex organ touch hers and she saw
and felt semen come out of his penis and
smear her vagina
Testified that Orande was able to slightly
penetrate her because she felt pain and her
vagina bled
Medico-legal examination finds discoloration
in the inner lips of the vagina, or the labia
minora is already gaping with redness, or the
hymenal tags are no longer visible.
Full penetration of the vaginal orifice is not an essential
ingredient nor is the rupture of the hymen necessary;
there mere touching of the external genitalia by the
penis capable of consummating the sexual 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
female organ and not mere touching done of the mos
pubis or the pudendum.
a. Ayoko ayoko! she did not feel any intense paint
but just felt not happy about what Primo did to her.
In cases where penetration was not fully established,
the court anchored ints conclusion the discoloration
and pain by the victim was not shown in this case.

4.
United
States
vs.
Maghirang

Remedios, San
Pablo, Laguna
Patay-na-tubigriver

Roman Maghirang (A)

Damaso Rivera (A)
Francisco Gutierrez (A)

Frustrated Murder

CFI -> SC (serious injuries)

Others:
Cornelio Briones (V)
Pablo Sahagun: courting
sister-in-law of Briones

Solicitor General:
Crime must be lesions graves
(serious injuries) instead of
frustrated murder as there was
no intent to kill.

According to article 3 xxx

It is clear to our midns that, in this aprticular case, the
accused did not perform all the acts of execution
which should produce the felony as a consequence/
the wounds wer enot located in a vital spot. Neither of
them was mortal nor likely to produce death; in other
words, the wounds inflicted were not such as
should produce death, nor such as would naturally and
ordinarily produce death
It is not attempted because accused voluntarily
desisted from injuring the victim further. They
probably knew, which was the fact, that the injuries
were not inflicted in a vital part of the body.

5. People vs.
Borinaga

Calubian, Leyte

Basilio Borinaga (A)

Juan Lawaan

Frustrated murder

Others:
Harry Mooney (V)
Perpetua Najarro (store of
a neighbor)
People vs.
Masinag
Vda.
De
Ramos

City of Lucena,
Province of
Quezon City
Philippines

Amended Information:
Decena Masinag, Isagani
Guittal, Wilfredo Morelos,
Cesar Osabel, Ariel Dador,
Luisito Guiling, John Doe
@ Purcino
Ariel Dador: State witness
and look out
Romualdo and Leonila Jael
(V)

Notes by: Jameh Jann Rosales Narvasa

Robbery with Double

Homicide

CFI -> SC

Defense of Alibi

This presentse a condition from which we cannot say

that the accused intended to kill. Without this
intention, the crime can be neither frustrated nor
attempted murder.
The essential condition of a frustrated crime, that the
author perform all the acts of execution, attended the
attack. Nothing remained to be done to accomplish the
work of the assailant completely. The cause resulting in
the failure of the attack arose by reason of forces
independent of the will of the perpetrator.