Professional Documents
Culture Documents
2016
UNIVERSITY OF SANTO
TOMAS
Digested by: DC 2016 Members
Editors:
Tricia Lacuesta
Lorenzo Gayya
Cristopher Reyes
Macky Siazon
Janine Arenas
Ninna Bonsol
Lloyd Javier
CRIMINAL
LAW
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PEOPLE OF THE PHILIPPINES v. FERNANDO BUCAYO, HECTOR BUCAYO AND JAYSON ORTIZ
G.R. No. 178770, June 13, 2008, Velasco, Jr., J.
There is conspiracy when the separate acts committed, taken collectively, emanate from a
concerted and associated action, albeit each circumstance, if considered separately, may not show
confabulation.
Facts:
In Tondo, Manila, Perez and Buencillo were on their way home when they passed by the
group of Fernando Bucayo, Hector Bucayo and Jayson Ortiz (whom Perez recognized). The group
surrounded and blocked their way, taunting and shouting incentives at them until a rumble ensued.
Perez, who attempted to flee, was dragged back to the melee by Hector. Perez saw Hector and Ortiz
gang up on Buencillo as Fernando struck him repeatedly with a steel chair. As Perez was trying to
escape, he got hold of a barbecue stick and stabbed Hector with it. When his attempt to make the
group stop assaulting Buencillo proved futile, he asked for assistance from the police and went to
Buencillos house. After the melee, Buencillo was pronounced dead by Jose Reyes Memorial Medical
Hospital.
Fernando, Hector and Ortiz were charged with the murder of Buencillo but Ortiz and
another member of the group remained at large. The RTC found the accused persons guilty beyond
reasonable doubt of the crime of murder qualified by superior strength. The CA affirmed with
modification, asserting conspiracy as a qualifying circumstance.
Issue:
Whether or not conspiracy has transpired.
Ruling:
Yes. Altogether, the incidents prior to the melee, the simultaneous active participation of the
accused and use of their superior strength and number, and the flight of the Ortiz brothers
undoubtedly establish a conspiracy to assault and harm Jonathan and Edison, leading to Edisons
death. In this case, to reiterate, the CA observed that (1) Fernando and his group blocked Jonathan
and Edison as the two were on their way home; (2) they all participated in the attack on Jonathan
and Edison; (3) when Jonathan had a chance to flee, Hector dragged him back; and (4) Hector and
Jayson exchanged blows with Jonathan and Edison as Fernando viciously hit Edison with a steel
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Mitigating Circumstances
Nemrod Gotis v. People of the Philippines
G.R. No. 157201, September 14, 2007, Velasco, Jr., J.
In order to determine the sufficiency of a provocation for the purpose of mitigating a crime,
one must look into the act constituting the provocation, the social standing of the person provoked,
and the place and time when the provocation is made. In the present case, a finding that the act of the
victim did not constitute unlawful aggression does not automatically negate the attendant
circumstance of sufficient provocation.
Facts:
Nahom and Nemrod Gotis were brothers. They went to the house of Serafin to kill him but
he was not found thereby threatening to Nilda the wife of Serfin that he would kill the latter. Nilda
told Serafin about what happened and he went to Nahoms house. Upon reaching the gate of
Nahoms house, Serafin called for Nahom and asked him to come out. When Nahom heard the shouts
of Serafin, he immediately called Nemrod for help. Nemrod came over and advised Serafin to go
home, but he refused to leave. Instead, Serafin attempted to hack Nemrod and tried to enter the
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Aggravating Circumstances
PEOPLE OF THE PHILIPPINES v. ALEX PALING, ERNIE VILBAR @ "DODONG" (at large),
and ROY VILBAR ALEX PALING
G.R. No. 185390, March 16, 2011, Velasco, J.
The aggravating circumstance of taking advantage of superior strength is considered
whenever there is notorious inequality of forces between the victim and the aggressors that is plainly
and obviously advantageous to the aggressors and purposely selected or taken advantage of to
facilitate the commission of the crime.
Facts:
On July 1, 1996, accused Paling, accompanied by Vilbar, allegedly killed Walter Nolasco in
Roxas, Cotabato. When arraigned, they both pleaded not guilty. One of the witnesses for the
prosecution, Richard, said that he saw Paling and Ernie stabbing Walter while Vilbar held him. After
killing Walter, the accused warned Richard not to speak about what he saw otherwise, they would
also kill him. On the other hand, the defense denied all the allegations against the accused. The RTC
convicted Paling and Vilbar of the crime of murder with a qualifying circumstance of treachery and
evident premeditation which decision was affirmed by the CA.
Issue:
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DEFENSES
Alibi
PEOPLE OF THE PHILIPPINES v. JUANITO APATTAD
G.R. No. 193188, August 10, 2011, Velasco, Jr., J.
Alibi cannot prevail over the positive identification of the accused as the perpetrator of the
crime.
Facts:
Accused Juanito Apattad was charged in four separate informations with the crime of rape
against his 12-year old daughter. The child, AAA, testified that in 2001, she was molested and in
June 10 and 11, 2003, she was raped by the accused. The accused threatened to kill her if she will
report the incident to her mother. However, she finally told her mother on June 13, 2003 that she
was being abused by her father. Her mother whipped her not telling it immediately. She was
interviewed by a DSWD personnel and Dr. Mila Simangan conducted a physical examination on her
and discovered that AAA had a healed hymen laceration. The accused denied the accusation of rape
and claimed that his wife was the one who initiated the criminal complaint against him because she
thinks that he has a mistress. A defense witness claimed that on the date of the incident, the accused
stayed in the formers house, which was only three kilometers away from the house of the accused.
The RTC found him guilty of three counts of rape. CA affirmed with modification as to the award of
damages.
Issue:
Whether or not the prosecution was able to establish the guilt of the accused beyond
reasonable doubt.
Ruling:
Yes. The accused contends that while the defense of alibi is frowned upon, it assumes
signifance when corroborated by credible and disinterested witness, in his case, that of Calimag.
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PENALTIES
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RA 9165 COMPREHENSIVE DANGEROUS DRUGS ACT AND ITS IMPLEMENTING RULES AND
REGULATION (IRR)
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PEOPLE OF THE PHILIPPINES v. TEDDY BATOON y MIGUEL and MELCHOR BATOON y MIGUEL
G.R. No. 184599, November 24, 2010, Velasco Jr. J.
For conviction of illegal possession of a prohibited drug to lie, the following elements must be
established: (1) the accused was in possession of an item or an object identified to be a prohibited or
regulated drug; (2) such possession is not authorized by law; and (3) the accused was freely and
consciously aware of being in possession of the drug. Notably, exclusive possession of the prohibited
drug is not required.
Facts:
Sometime in 2005, the police received a report that there was rampant selling of shabu
somewhere in Ilocos Norte. According to the report, the brothers Teddy (Teddy) and Melchor
Batoon (Melchor), herein accused-appellants were two of the most notorious sellers of illegal drugs
in the area. Acting on the report, the police conducted a buy-bust operation which led to the arrest
of Teddy and Melchor. Sachets containing shabu were seized from Teddy and Melchor. Thereafter,
Teddy and Melchor were charged with violation of the Dangerous Drugs Act for possession and
selling of illegal drugs.
The RTC and CA found Teddy and Melchor guilty beyond reasonable doubt for the offense
charged. Now, Teddy and Melchor come before the SC assailing the decision of the RTC and CA. In
their defense, they aver that the chain of custody over the alleged confiscated prohibited drugs was
not followed and that there was an absence of regularity in the performance of the police officers
duty when they were arrested. Hence, this petition.
Issue:
Whether or not the conviction of Melchor Batoon of the crime of illegal possession of shabu
is proper.
Ruling:
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PEOPLE OF THE PHILIPPINES v. ASIA MUSA y PINASALO, ARA MONONGAN y PAPAO, FAISAH
ABAS y MAMA, and MIKE SOLALO y MILOK
G.R. No. 199735 October 24, 2012, Velasco, Jr., J.
The privileged mitigating circumstance of minority can be appreciated in fixing the penalty
that should be imposed in prosecutions for violations of the Dangerous Drugs Act.
Facts:
Musa et al. were charged with violating RA 9165 of the Comprehensive Dangerous Drugs
Act of 2002. The Taguig police organized a buy-bust operation upon a tip from an informant that
Musa et. al. were selling drugs. PO1 Memoracion was the poseur-buyer with five P1000 bills as
marked money. Memoracion wanted to buy P5000 worth of shabu from Abas and Solano, but they
didnt have that amount on stock. They accompanied Memoracion to a nearby condomimium where
Memoracion bought shabu from Musa and Monongan. Monongan accepted the marked money
while Musa gave a sachet of shabu to the poseur-buyer. Memoracion then called the rest of the team
and Musa et al were arrested. PO1 Arago confiscated the marked money and Memoracion marked
the seized sachet of shabu with APM or the initials of Aisa Pinasilo Musa. He then delivered the
confiscated item to the PNP Crime Lab and the Report showed that the substance was 4.05 grams of
shabu.
The RTC found all of the accused guilty. Citing Art. 62 of the RPC, it imposed the maximum
penalty of life imprisonment. The RTC also found that the offense was committed by an
organized/syndicated crime group and imposed a fine of P10 million. However, the RTC lowered
the penalty of Monongan who was only 17, a minor at the time of the commission of the offense, to
an indeterminate penalty of imprisonment of fourteen (14) years, eight (8) months and one (1) day
of reclusion temporal, as minimum, to sixteen (16) years of reclusion temporal, as maximum. The
CA affirmed the decision but imposed upon Monongan the penalty of life imprisonment.
Issue:
Whether or not the penalty of Monongan should be life imprisonment despite her minority.
Ruling:
No. The CA erred in imposing life imprisonment. Jurisprudence holds that: (a) pursuant to
Sec. 98 of RA 9165, the penalty for acts punishable by life imprisonment to death provided in the
same law shall be reclusion perpetua to death when the offender is a minor; and (b) that the
penalty should be graduated since the said provision adopted the technical nomenclature of
penalties provided for in the Revised Penal Code. The privileged mitigating circumstance of
minority can now be appreciated in fixing the penalty that should be imposed.
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PEOPLE OF THE PHILIPPINES v. ASIA MUSA y PINASALO, ARA MONONGAN y PAPAO, FAISAH
ABAS y MAMA, and MIKE SOLALO y MILOK
G.R. No. 199735 October 24, 2012, Velasco, Jr., J.
A drug syndicate is any organized group of two (2) or more persons forming or joining
together with the intention of committing any offense prescribed under RA 9165.
Facts:
Musa et al. were charged with violating RA 9165 of the Comprehensive Dangerous Drugs
Act of 2002. The Taguig police organized a buy-bust operation upon a tip from an informant that
Musa et. al. were selling drugs. PO1 Memoracion was the poseur-buyer with five P1000 bills as
marked money. Memoracion wanted to buy P5000 worth of shabu from Abas and Solano, but they
didnt have that amount on stock. They accompanied Memoracion to a nearby condomimium where
Memoracion bought shabu from Musa and Monongan. Monongan accepted the marked money
while Musa gave a sachet of shabu to the poseur-buyer. Memoracion then called the rest of the team
and Musa et al were arrested. PO1 Arago confiscated the marked money and Memoracion marked
the seized sachet of shabu with APM or the initials of Aisa Pinasilo Musa. He then delivered the
confiscated item to the PNP Crime Lab and the Report showed that the substance was 4.05 grams of
shabu.
The RTC found all of the accused guilty. Citing Art. 62 of the RPC, it imposed the maximum
penalty of life imprisonment. The RTC also found that the offense was committed by an
organized/syndicated crime group and imposed a fine of P10 million. However, the RTC lowered
the penalty of Monongan who was only 17, a minor at the time of the commission of the offense, to
an indeterminate penalty of imprisonment of fourteen (14) years, eight (8) months and one (1) day
of reclusion temporal, as minimum, to sixteen (16) years of reclusion temporal, as maximum. The
CA affirmed the decision but imposed upon Monongan the penalty of life imprisonment.
Issue:
Whether or not a fine of P10M should be imposed due to the existence of an aggravating
circumstance of an offense committed by a syndicated group.
Ruling:
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Misconduct
CORAZON TENORIO, REPRESENTED BY IMELDA TENORIO-ORTIZ v.
ALYN C. PERLAS, SHERIFF III
A.M. No. P-10-2817, January 26, 2011, Velasco, Jr., J.
While it is true that sheriffs must comply with their mandated ministerial duty to serve court
writs, execute all processes and carry into effect all court orders promptly and expeditiously, it needs
to be pointed out that this ministerial duty is not without limitation. In the performance of their duties,
they are deemed to know what is inherently right and inherently wrong and are bound to discharge
such duties with prudence, caution and attention which careful men usually exercise in the
management of their affairs.
Facts:
According to the letter-complaint of Tenorio, Sheriff Perlas, accompanied by other persons,
arrived at her store, Ten Rey Gravel and Sand and Construction Materials and served upon her a
Notice of Levy on Attachment clearly addressed to spouses Edgardo Pile and Marissa Pile (spouses
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ANG KEK CHEN v. SPOUSES ATTY. ELEAZAR S. CALASAN and LETICIA B. CALASAN,
G.R. No. 161685, July 24, 2007, Velasco, Jr., J.
For purposes of determining venue, residence is not synonymous with domicile. One may reside
in a place apart from ones legal residence, without changing domicile, and that residence would
constitute actual residence for purposes of determining venue.
Facts:
Atty. Eleazar S. Calasan was born in Aparri. He owns real property, his ancestral home
situated on Quirino Street, Aparri, Cagayan. However, respondent Atty. Calasan also has a house
and lot in Las Pias, Metro Manila, which he and his family live in. Atty. Calasan was acting as
counsel for Jaime Lim. Ang Kek Chen, opponent of Lim, wrote a letter and filed a counter-affidavit
which Atty. Calasan believed maligned him. Atty. Calasan then filed criminal cases for libel against
Ang Kek Chen in Aparri, Cagayan, which were dismissed. Spouses Calasan filed a complaint for
damages with the Aparri, Cagayan RTC for alleged malicious imputations against Atty. Calasan. This
was dismissed on the ground that the venue had been improperly laid. On appeal, CA dismissed the
petition for lack of merit. The spouses filed their MR which was granted.
Issue:
Whether the CA erred in granting the MR of the spouses.
Ruling:
Yes. This case will be resolved on the core issue the interpretation and application of the
third paragraph of Article 360 of the RPC. In Saludo, Jr. v. American Express International, Inc., the
term residence was equated with domicile as far as election law was concerned. However the case
also stated that:
for purposes of venue, the less technical definition of residence is adopted. Thus,
it is understood to mean as the personal, actual or physical habitation of a
person, actual residence or place of abode. It signifies physical presence in a
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