People vs.

Delim, GR 142773, January 28, 2003

Facts: It is due to the automatic review of the decision of the RTC Branch 46
(Urdaneta City) finding the appellants, guilty beyond reasonable doubt and
sentencing them to death for the murder of Modesto Bantas.
Appellants pleaded not guilty to the charge. The appellants and victim are related
for Modesto is an adopted son of their father. On January 23, 1999 Marlon, Robert
and Ronald Delim charged into the house and poked a gun at Modesto and herded
him outside the house. Leon and Manuel Delim both armed stayed put and made
sure that Randy and Rita stayed put.
Modesto's lifeless body was then found on January 25, 1999. Marlon, Ronald, and
Leon used denial and alibi as their evidence against the charge.
*alibis are the weakest of all defences since it is easy to contrive and difficult to
disprove.
Issue: Is conspiracy and treachery present in this case to ensure that murder can be
the crime?
Held:
Yes there is:
CONSPIRACY- is determined when two or more persons agree to commit a felony
and decide to commit it. Conspiracy must be proven with the same quantum of
evidence as the felony itself, more specifically by proof beyond reasonable doubt. It
is not essential that there be proof as to the existence of a previous agreement to
commit a crime. It is sufficient if, at the time of commission of the crime, the
accused had the same purpose and were united in its executed.
Appellants acted in unison when they abducted Modesto. So their acts were
synchronized and executed with precision evincing a preconceived plan to kill
Modesto
There is no:
TREACHERY- there is treachery when the offender commits any of the crimes
against person, employing means, methods, or forms in the execution thereof which
tend directly and especially to insure its execution, without risk to himself arising
from the defense which the offended party might make.
For it to be appreciated prosecution needs to prove:
A. employment of means of execution which gives the person no opportunity
to defend himself
B. the means of execution is deliberately and consciously adopted
in the appellants case there are no evidence to the particulars on how Modesto was
assaulted and killed and this in fact does mean that treachery cannot be proven
since it cannot be presumed that modesto was defenseless during the time that he
was being attacked and shot at by the appellants.
Sheer numbers by the appellants when they attacked modesto does not constitute
proof that the three took advantage of their numerical superiority and their
handguns when Modesto was shot and stabbed
APPELLANTS ARE GUILTY BEYOND REASONABLE DOUBT OF THE FELONY OF
HOMICIDE (THE DECISION OF THE LOWER COURTS WERE MODIFIED TO
LOWER THE CRIME FROM MURDER TO HOMICIDE).

U.S vs Go Chico, GR No. 4963, September 15, 1909

Facts: Go Chico was charged in violation of section 1 of Act No. 1696 of the
Philippine Commission. The case which was filed before the RTC Manila, alleged the
following:

The appellant displayed in one of the windows and of the show cases of his
store, a number of medallions, in form of a small button, upon the faces of
which were imprinted the picture of Emilio Aguinaldo and a flag or banner or
device that had been used during the late insurrection of the Philippine
Island.
He also testified that the said medallions were being purchased at a public
sale made under the authority of the sheriff on the Manila.
On that day also, he stated that he was arranging his stock of goods for the
purpose of displaying displaying them to the public and in so doing placed in
his showcase and in one of the windows of his store which medallions
described.
He also said that he was ignorance of the existence law against the display of
the medallions in question and had consequently no corrupt intention.

After tried at the Court of Manila, they found it that the appellant guilty of the crime
and sentenced him to pay a 500 pesos and to pay a costs of action and suffer
subsidiary imprisonment which was prescribed by law until the said fine was paid.
However, the appellant was filed a Motion for reconsideration to dismiss the said
case due to the following propositions:

The court must prove that he had a criminal intent in doing such an act.
That the prohibition of the law is directed against the use of the identical
banners, devices, or emblems actually used during the Philippine insurrection
by those in armed rebellion against the United States.

Issues:
Whether or not the accused was guilty under section 1 of Act No. 1696 of the
Philippine Commission.
Was criminal intent should be existed in doing such an act?
Held:
The Supreme Court denied the petition of the appellant and affirmed the sailed
decision of the RTC Manila. The court believed that it is not necessary that appellant
should have acted with criminal intent. In many crimes, made such statutory
enactment, the intention of a person who commits crime is an immaterial.
Furthermore, it is clear cited from the authority did not intend that a criminal intent
should be necessary an element of a crime; because they believed that in doing this
act shall be done wilfully and knowingly. Thus, the accused was guilty under section
1 of Act No. 1696 of the Philippine Commission.

People vs Iligan, 191 SCRA 643, GR No. 75369, November 26, 1990
Facts: The accused, Fernando Iligan and Edmundo Asis, was convicted crime
of murder and to indemnify the heirs of Esmeraldo Quiones, Jr. in the
amount of P30, 000 for the latters death and P256, 960 representing the
victims unrealized income. The case which was filed against murder,
treachery and premeditation before the Court of First Instance of Camarines
Norte, alleged following particulars:

The victim, Esmeraldo Quiones, Jr., and his companions Zaldy Asis
and Felix Lukban were walking home after attending barrio fiesta until
they met the accused, Fernando Iligan, Edmundo Asis, and Juan
Macandog.
Edmundo Asis pushed them and Zaldy Asis able to block him; then
Felix Lukban quickly told them that they had no defire to fight.
Fernando Iligan saw Quinones fell down. He drew his bolo at his back and
hacked Zaldy Asis but missed.
The victim were ran about half of an hour. However, they stopped running
only noticed that they were no longer being chased.
While walking at the house of Quinones, the 3 accused were suddenly
emerged. Fernando Iligan hacked Quinones with his bolo hitting him on the
forehead and causing him to fell down.
The body of Quinones was being autopsied and found out that he died due to
shock and massive cerebral hemorrhages due to a vehicular accident.

The accused filed a petition seeking for a reversal of the decision. Because they
were stated that during the incident happened, they were at their respective
houses. The accused Fernando Iligan said that he met left his wife to go to the party.
Along the way, he saw his nephew, Edmund Asis. He presumed that his nephew
were drank thats why he bring his nephew to their house. Edmund Asis was
strongly agreed to Iligans Testimony. During the trial, the accused Fernando Iligan
were insisted his alibi that the cause of death of Quinones was due to a vehicular
accident.
Issues:
Whether or not the Court of Instance made a correct decision and providing
penalties with corresponds to the facts.
Were the accused guilty to crime murder?
Were they subject also to treachery and premeditation?
Was the death certificate issued after autopsied the victims body can be used as a
strong defense to the accused?
Held:
No while the factual findings of the trial court are generally given due respect by
the appellate court, an appeal of a criminal case throws it open for a complete
review of all errors, by commission or omission, as may be imputable to the trial
court. In this instance, the lower court erred in finding that the maceration of one
half of the head of the victim was also caused by Iligan for the evidence on record

point to a different conclusion. Supreme Court convinced beyond peradventure that

indeed, after Quiones, Jr. had fallen from the bolo-hacking perpetrated by Iligan, he
was run over by a vehicle. This finding, however, does not in any way exonerate
Iligan from liability for the death of Quiones, Jr.
No Under these circumstances, Supreme Court hold that while Iligans hacking of
Quiones, Jr.s head might not have been the direct cause, it was the proximate
cause of the latters death. Proximate legal cause is defined as "that acting first and
producing the injury, either immediately or by setting other events in motion, all
constituting a natural and continuous chain of events, each having a close causal
connection with its immediate predecessor, the final event in the chain immediately
effecting the injury as a natural and probable result of the cause which first acted,
under such circumstances that the person responsible for the first event should, as
an ordinarily prudent and intelligent person, have reasonable ground to expect at
the moment of his act or default that an injury to some person might probably
result therefrom. In other words, the sequence of events from Iligans assault on
him to the time Quiones, Jr. was run over by a vehicle is, considering the very short
span of time between them, one unbroken chain of events.
No Supreme Court disagree with the lower court with regards to its findings on the
aggravating circumstances of treachery and evident premeditation. Treachery has
been appreciated by the lower court in view of the suddenness of the attack on the
group of Quiones, Jr. Suddenness of such attack, however, does not by itself show
treachery. There must be evidence that the mode of attack was consciously
adopted by the appellant to make it impossible or hard for the person attacked to
defend himself. In this case, the hacking of Edmundo Asis by Iligan followed by the
chasing of the trio by the group of Iligan was a warning to the deceased and his
companions of the hostile attitude of the appellants. The group of Quiones, Jr. was
therefore placed on guard for any subsequent attacks against them.
No The death Certificate issued by Dra. Abas as being an alibi for the said case
were not able to use and cannot turn the tide in favor of the accused because when
the accused positively found on the scene and identified by a witness.
Thus, appellant Fernando Iligan y Jamito is hereby convicted of the crime of
homicide for which he is imposed the indeterminate penalty of six (6) years and one
(1) day of prision mayor as minimum to fourteen (14) years, eight (8) months and
one (1) day of reclusion temporal medium as maximum and he shall indemnify the
heirs of Esmeraldo Quiones, Jr. in the amount of fifty thousand pesos (P50,000).
Appellant Edmundo Asis is hereby acquitted of the crime charged against him. Costs
against appellant Iligan.

People vs Mananquil, GR No. 35574, September 28, 1984

Facts: That on or about the 6th day of March, 1965, in Pasay City, Philippines, and
within the jurisdiction of this Hon. Court, the above named accused, did then and
there wilfully, unlawfully and feloniously, with evident premeditation, that is, having
conceived and deliberated to kill her husband, Elias Day y Pablo, with whom she
was united in lawful wedlock, enter (sic) the NAWASA building situated at Pasay
City, where said Elias Day y Pablo was working as a security guard; and the said
accused, having in her possession a bottle containing gasoline suddenly and without
warning, poured the contents on the person of her husband, Elias Day y Pablo,
ignited the gasoline, as a result of which, said Elias Day y Pablo suffered burns and
injuries which subsequently caused his death.
Issues:
Whether or not appellants extrajudicial confession was voluntarily given.
Whether or not the burns sustained by the victim contributed to cause pneumonia
which was the cause of the death.
Held:
Yes The defendant insisted that she didnt know the contents and fully understood
the statement which she signed. However, the Supreme Court didnt find anything
because all her recitals and statements was repeatedly on the witness stand. Also,
Supreme Court find no error in the trial court's pronouncement that appellant's
sworn statement was voluntarily given by her; that she fully understood its
contents; and that she willingly affixed her signatures thereto. With regards the
extrajudicial confession, it is presumed to be voluntary unless the contrary is
proven.
Yes - The cause of death as shown by the necropsy report is pneumonia, lobar
bilateral. Burns 2' secondary. There is no question that the burns sustained by the
victim as shown by the post-mortem findings immunity about 62% of the victim's
entire body. The evidence shows that pneumonia was a mere complication of the
burns sustained. While accepting pneumonia as the immediate cause of death, the
court a quo held on to state that this could not litem resulted had not the victim
suffered from second degree burns. It concluded, and rightly so, that with
pneumonia having developed, the burns became as to the cause of death, merely
contributory. The Supreme Court agree.
Thus, the Supreme Court imposed upon her the obligation to indemnify the heirs of
the deceased amounting to 30,000 pesos. The judgment appealed from is hereby
AFFIRMED with costs against appellant. However, since the defendant was already
71 y/o, the court recommends exclusive clemency.

Quinto vs Andres, GR No. 155791, March 16, 2005

Facts: The Petitioner filed a case against Andres and Pacheco for homicide. The case
filed which was before the RTC Taguig, alleged the following:

Edison Garcia, an eleven year old and Grade 4 elementary student, together
with his playmate Wilson Quinto, who was also about eleven year old, they
saw the respondents Dante Andres and Randy Pacheco by the mouth of a
drainage culvert.
The Respondents Andres and Pacheco invited Wilson and Edison to join with
them to go fishing inside the drainage. However, Edison did not go with them,
he feel scared because the drainage was so dark.
Respondent Andres and Pacheco, came out of the drainage and left without
saying a word. However, Only Andres came back to the inside of the
drainage.
Respondent Andres left the drainage together the cadaver of Wilson. And He
put the body of Wilson in the grass. Then Garcia fled from the scene.
Respondent Andres immediately report to the mother of Wilson that her son
was already dead.
Then, Melba Quinto, mother of Wilson, rushed to the drainage to see her son.
The cadaver of Wilson buried without conducting an autopsy report.
However, after one year, the cadaver was exhumed and conducted an
autopsy by Dr. Aguda of the NBI. And he found out that the cause of the
death of Wilson were asphyxia by drowning and traumatic head injuries.
NBI was filed a homicide case against to the respondents Andres and
Pacheco.

The respondents filed a demurrer of evidence which the trial court granted a ground
of insuffiency of evidence. However, the petitioner Melba Quinto filed a petition for
review of the case because he insists that the behavior of the respondents after the
commission of the crime betrayed their guilt, considering that respondent Pacheco
left the scene, leaving respondent Andres to bring out Wilsons cadaver, while
respondent Andres returned inside the drainage system only when he saw Garcia
seated in the grassy area waiting for his friend Wilson to come out. Also, the
petitioner contends that there is preponderant evidence on record to show that
either or both the respondents caused the death of her son and, as such, are jointly
and severally liable therefor.

Issues:
Whether or not the extinction of respondents criminal liability, likewise carries with
it the extinction of their civil liability.

Whether or not preponderant evidence exists to hold respondents civilly liable for
the death of Wilson Quinto.
Held:
No Every person criminally liable for a felony is also civilly liable. The civil liability
of such person established in Articles 100, 102 and 103 of the Revised Penal Code
includes restitution, reparation of the damage caused, and indemnification for
consequential damages.
No In this case, the petitioner/prosecution failed to adduce preponderant evidence
to prove the facts on which civil liability of the respondents. Also, they failed to
adduce preponderance of evidence that either or both the respondents hit the
deceased with a blunt object or instrument, and, consequently, any blunt object or
instrument that might have been used by any or both of the respondents in hitting
the deceased.
Thus, the petition is DENIED for lack of merits. No costs.

People vs Quianzon, GR No. 42607, September 28, 1935

Facts: Charged with and convicted of the crime of homicide in the Court of First
Instance of Ilocos Norte, and sentenced to an indeterminate penalty of from six
years and one day of prision mayor, as minimum to fourteen years, seven months
and one day of reclusion temporal, as maximum, Juan Quianzon appeal to this court
for the review of the case.
On February 1, 1934, a novena for the suffrage of the soul of the deceased person
was being held in the house of Victoria Cacpal in a barrio, near the poblacion, of the
municipality of Paoay, Ilocos Norte, with the usual attendance of the relatives and
friends. The incident that led to the filling of these charges took place between 3 to
4 o'clock in the afternoon. Andres Aribuabo, one of the persons present, went to ask
for food of Juan Quianzon, then in the kitchen, who, to all appearances, had the
victuals in his care. It was the second or third time that Aribuabo approached
Quianzon with the same purpose whereupon the latter, greatly peeved, took hold of
a firebrand and applied ran to the place where the people were gathered exclaiming
that he is wounded and was dying. Raising his shirt, he showed to those present a
wound in his abdomen below the navel. Aribuabo died as a result of this wound on
the tenth day after the incident.
Issue:
Was the accused subject to homicide or to serious physical injury?
Whether or not the Court of first instance made a correct decision.
Held: The court in deciding the question stated that "when a person dies in
consequence of an internal hemorrhage brought on by moving about against the
doctor's orders, not because of carelessness or a desire to increase the criminal
liability of his assailant, but because of his nervous condition due to the wound
inflicted by said assailant, the crime is homicide and not merely slight physical
injuries, simply because the doctor was of the opinion that the wound might have
healed in seven days."
No - Inasmuch as the mitigating circumstances of lack of instruction and of
intention to commit so grave a wrong as the committed should be taken into
consideration in favor of the appellant, without any aggravating circumstances
adverse to him, we modify the appealed judgment by sentencing him to an
indeterminate penalty with a minimum of four years of prision correccional and a

maximum of a eight years of prision mayor, affirming it in all other respect, with
cost to said appellant.

Urbano vs Hon. Intermediate Appellate Court and People, GR No.

72964, January 7, 1988
Facts: This is a petition to review the decision of the then Intermediate Appellate
Court which affirmed the decision of the then Circuit Criminal Court of Dagupan City
finding petitioner Filomeno Urban guilty beyond reasonable doubt of the crime of
homicide, alleged the following:

Filomno Urban, the defendant, went to his ricefield at Barangay Anonang, San
Fabian, Pangasinan.
The defendant found out his palay flooded with water coming from the
irrigation canal nearby which had overflowed.
Urbano went to elevated portion of canal to see what is happening and he
saw Marcello Javier and Emilio Erfe cutting the grass.
The defendant asked the two who was the responsible for opening of the
canal and Javier admitted he was the one.
Urbano got angry and unsheathed his bolo and hacked Javier on the right side
of his palm.
Javier was ran but Urbano got him and hacked again hitting Javiers left leg.
Antonio Erfe, Emilio Erfe and Felipe Erfe brought to the Barangay Captain but
he/she was not there. However, they went to the Felipe Solis, Barrio
Councilman.
Marcelo Javier, together with his companions, went to the physician.
Urbano agreed to settle medical expenses incurred by Javier.
At about 1:30am, Javier was rushed to the Nazareth General Hospital. He
experienced lockjaw and had convulsions. Then Javier Died.
Dr. Exconde, found that the cause of death of Javier was tetanus toxin.

The defendant filed a motion for reconsideration for reviewing his case. The
defendant reiterates that the proximate cause of death of Javier was due to
negligence of Dr. Mario Meneses, found no tetanus in the injury. Also, it was not
clear when the tetanus inflicted to Javier.
Issue:

Whether or not there was an efficient intervening cause from the time Javier was
wounded until his death which would exculpate Urbano from any liability for Javier's
death.
Held:
No - Doubts are present. There is a likelihood that the wound was but
the remote cause and its subsequent infection, for failure to take necessary
precautions, with tetanus may have been the proximate cause of Javier's death with
which the petitioner had nothing to do.
Thus, the respondent court increased the P12,000.00 indemnification imposed by
the trial court to P30,000.00. However, since the indemnification was based solely
on the finding of guilt beyond reasonable doubt in the homicide case, the civil
liability of the petitioner was not thoroughly examined. This aspect of the case calls
for fuller development if the heirs of the victim are so minded.
The instant petition is hereby GRANTED. The questioned decision of the then
Intermediate Appellate Court, now Court of Appeals, is REVERSED and SET ASIDE.
The petitioner is ACQUITTED of the crime of homicide.

Sulpicio Intod vs Court of Appeals, GR No. 103119, October 21, 1992

Facts: The Petitioner, Sulpicio Intod, was convicted guilty of the crime of attempted
murder, alleged following:

Sulpicio Intod, Jorge Pangasinan, Santos Tubio, and Avelino Daligdig, the
petitioners, went to the house of Salvador Mandaya and asked him to go with
them to the house of Bernardina Palangpangan.
They had meeting with Aniceto Dumalagan. He wanted Palangpangan to be
killed because of the land dispute between them.
The petitioners arrived at Palangpalangans house. MAndaya pointed the
location of the bedroom of Palangpalangan. Then suddenly, the petitioners
fired at the said room.
Luckily, no one inside the room because Palangpangan was on the another
City.
Petitioners and his companions were positively identified the witness.

Petitioner filed a modification of a case from Attempted Murder to an Impossible

Crime. The petitioner insisted that the crime was not inherently possible because
Palangpalangan was not on the house and no one got hurt.
The Petition is granted.
Issues:
Whether or not the petitioner was under the crime of attempted murder.
Held:

No Under Article 4 (2) of the Revised Penal Code states there that "which would be
an offense against persons or property, were it not for the inherent impossibility of
its accomplishment. Meaning, In that case all circumstances which prevented the
consummation of the offense will be treated as an accident independent of the
actor's will which is an element of attempted and frustrated felonies.
Thus, the petition is hereby granted and the Attempted Murder was modified to
impossible crime. However, the court sentences him to suffer the penalty of six (6)
months of arresto mayor, together with the accessory penalties provided by the
law, and to pay the costs.

People vs Domasian, 219 SCRA 245, GR No. 985322, March 1, 1993

Facts: The victim Enrico Paulo Agra, 8 yrs old at the time of the incident, was
kidnapped by Pablito Domasian, who conspired with another, in the person of
Samson Tan, wherein the latter prepared the ransom note in the amount of One
Million Pesos ( Php 1,000,000.00 ). Both suspects were sentenced to suffer the
penalty of reclusion perpetua and all other accessory penalties. They were also
ordered to pay the indemnities in the amount of Two Hundred Thousand Pesos (Php
200,000.00) to Dr. and Mrs Enrique Agra the actual, moral damages and attorneys
fees.
Issues: Are the suspects guilty of the crime charge?
Held:
Yes - The appealed decision was affirmed by the Supreme Court, with costs against
the accused-appellants. A copy of said order was sent to the Commission of the
Human Rights to conduct investigation on the alleged violation of constitutional
rights of Pablo Domasian. The motive for the offense was well establish when the
accused Tan, approached Mr. Agra (father of the victim) six (6) days before the
kidnapping and sought the help of the latter by asking a loan in the amount of
Fifteen Thousand Pesos (Php 15,000.00), but was not able to have any from Mr. Agra
as he was turned down by the latter. Tan, having it said that even a million he could
have afforded by Agra, but only end up in dismay. In the Accused defense, he
claimed that there was no concrete evidence that will link his participation, however

the ransom note was received by Mr. Agra and in comparison, conformed the
handwriting specimen of the accused established his participation in the crime. As
for Domasian, he was positively identified by his victim and the witnesses as the
one who perpetrated the crime. These were all presented and accepted as a matter
of fact by the court a quo. Although, Domasian claimed in his defense that he was
arrested without a warrant, tortured to extort confession and treated
incommunicado. However, said alibi did not vitiate his conviction, as the court a quo
finds no confession on the record. Thus, the affirmation held the consequences of
the crime charge.

U.S vs Eduave, 36 Phil 209, February 2, 1917

Facts: Defendant Protasio Eduave is the querido of the victims mother. Eduave
attacked the victim from behind using a bolo creating a gash 8 1/2 inches long and
2 inches deep because the latter accused defendant of having commiting rape
against said victim. Upon thinking that he has already killed the victim, he threw the
body into the bushes and left.
Issues: What is the crime committed by Eduave?
Held: Accused is guilty of frustrated murder. The fact that Eduave attacked the
victim from behind, in a vital portion of the body, shows treachery qualifying it as
murder. The crime was not consummated because the elements of the crimes
execution and accomplishment were not complete as the victim did not die. Neither
was the crime an attempted one because the accuseds actions has already passed
the subjective phase, that is, there was no external force preventing defendant from
performing all the acts of execution necessary to commit the felony. Consequently,
the victim did not die because an external element has prevented such death after

Eduave has performed all the necessary acts of execution that would have caused
the death of the victim.

People vs Orita, 184 SCRA 306

Facts: Ceilito Orita was accused of frustrated rape by the RTC. He appealed to the
Court of Appeals for review. The accused poke a balisong to college freshman
Cristina Abayan as soon as she got into her boarding house early morning after
arriving from a party. She knew him as a frequent visitor of another boarder. She
was dragged inside the house up the stairs while his left arm wrapped around her
neck, and his right hand poking the Batangas knife to her neck. Upon entering her
room, he pushed her in and got her head hit on the wall. He immediately undressed
while still holding the knife with one hand, and ordered her to do the same. He
ordered her to lie down on the floor and then mounted her. He asked her to hold his
penis and insert it in her vagina, while still poking the knife to her. She followed, but
the appellant could not fully penetrate her in such a position. Next, he laid down on
his back and commanded her to mount him, but he cannot fully penetrate her.
When Oritas hands were both flat on the floor, complainant escaped naked. She ran
from room to room as appellant pursued her, and finally jumped out through a
window. She went to the municipal building nearby and knocked on the back door
for there was no answer. When the door opened, the policemen inside the building
saw her crying and naked. She was given a jacket for covering by the first
policeman who saw her. The policemen dashed to her boarding house but failed to
apprehend the accused. She was brought to a hospital for physical examination. Her
PE revealed that she is still a virgin, with abrasions on the left breast, left and right
knees, and multiple pinpoint marks on her back, among others. The trial court
convicted the accused of frustrated rape.
Issues:
Whether or not the frustrated stage applies to the crime of rape?
Held:
No - The decision of the RTC is hereby MODIFIED. The accused Ceilito Orita is
hereby found guilty beyond reasonable doubt of the crime of rape [consummated]
and sentenced to reclusion perpetua as well as to indemnify the victim in the
amount of P30, 000.00.
Clearly, in the crime of rape, from the moment the offender has carnal knowledge of
his victim he actually attains his purpose and, from that moment also all the
essential elements of the offense have been accomplished. Nothing more is left to
be done by the offender, because he has performed the last act necessary to
produce the crime. Thus, the felony is consummated. [Art. 266 and Art. 6]
We have set the uniform rule that for the 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

Valenzuela vs People, 525 SCRA 306

Facts: May 19, 1994 4:30 pm: Aristotel Valenzuela and Jovy Calderon were sighted
outside the Super Sale Club, a supermarket within the ShoeMart (SM) complex along
North EDSA, by Lorenzo Lago, a security guard who was then manning his post at
the open parking area of the supermarket. Lago saw Valenzuela, who was wearing
an ID with the mark Receiving Dispatching Unit (RDU) who hauled a push cart with
cases of detergent of Tide brand and unloaded them in an open parking space,
where Calderon was waiting. He then returned inside the supermarket and emerged
5 minutes after with more cartons of Tide Ultramatic and again unloaded these
boxes to the same area in the open parking space. Thereafter, he left the parking

area and haled a taxi. He boarded the cab and directed it towards the parking space
where Calderon was waiting. Calderon loaded the cartons of Tide Ultramatic inside
the taxi, then boarded the vehicle. As Lago watched, he proceeded to stop the taxi
as it was leaving the open parking area and asked Valenzuela for a receipt of the
merchandise but Valenzuela and Calderon reacted by fleeing on foot. Lago fired a
warning shot to alert his fellow security guards. Valenzuela and Calderon were
apprehended at the scene and the stolen merchandise recovered worth P12,090.
Valenzuela, Calderon and 4 other persons were first brought to the SM security
office before they were transferred to the Baler Station II of the Philippine National
Police but only Valenzuela and Calderon were charged with theft by the Assistant
City Prosecutor.
They pleaded not guilty.
Calderons Alibi: On the afternoon of the incident, he was at the Super Sale Club
to withdraw from his ATM account, accompanied by his neighbor, Leoncio Rosulada.
As the queue for the ATM was long, he and Rosulada decided to buy snacks inside
the supermarket. While they were eating, they heard the gunshot fired by Lago, so
they went out to check what was transpiring and when they did, they were suddenly
grabbed by a security guard
Valenzuelas Alibi: He is employed as a bundler of GMS Marketing and
assigned at the supermarket. He and his cousin, a Gregorio Valenzuela, had been at
the parking lot, walking beside the nearby BLISS complex and headed to ride a
tricycle going to Pag-asa, when they saw the security guard Lago fire a shot causing
everyone to start running. Then they were apprehended by Lago.
RTC: guilty of consummated theft
CA: Confirmed RTC and rejected his contention that it should only be frustrated
theft since at the time he was apprehended, he was never placed in a position to
freely dispose of the articles stolen.
Issues:
Whether or not Valenzuela should be guilty of consummated theft.
Held:
Yes - Article 6 of the Revised Penal Code provides that a felony is consummated
when all the elements necessary for its execution and accomplishment are present.
In the crime of theft, the following elements should be present: (1) that there be
taking of personal property; (2) that said property belongs to another; (3) that the
taking be done with intent to gain; (4) that the taking be done without the consent
of the owner; and (5) that the taking be accomplished without the use of violence
against or intimidation of persons or force upon things. The Court held that theft is
produced when there is deprivation of personal property by one with intent to gain.
Thus, it is immaterial that the offender is able or unable to freely dispose the
property stolen since he has already committed all the acts of execution and the
deprivation from the owner has already ensued from such acts. Therefore, theft
cannot have a frustrated stage, and can only be attempted or consummated.

People vs Lamahang, 61 Phil 703

Facts: Aurelio Lamahang was caught opening with an iron bar a wall of a store
cheap goods in Fuentes, Iloilo. He broke one board and was unfastening another

when a patrolling police caught him. Owners of the store were sleeping inside store
as it was early down. Convicted of attempt of rape.
Issues:
Whether or not crime is attempted robbery?
Held:
No - Attempted trespass to dwelling. Attempt should have logical relation to a
particular and concrete offense which would lead directly to consummation.
Necessary to establish unavoidable connection & logical & natural relation of cause
and effect. Important to show clear intent to commit crime. In case at bar, we can
only infer that his intent was to enter by force, other inferences are not justified by
facts. Groizard: infer only from nature of acts executed. Acts susceptible of double
interpretation cant furnish ground for themselves. Mind should not directly infer
intent. Spain SC: necessary that objectives established or acts themselves obviously
disclose criminal objective.