Professional Documents
Culture Documents
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PEOPLE v. DECENA
Facts: On Christmas day, around 4pm, Luzviminda (14 y.o., daughter of the
Jaime Ballesteros, victim), saw Decena rushing towards her father with a
long bladed weapon prompting her to warn her father.
Decena, however, stabbed him on the right chest causing his death.
At about 4pm, the victim was drunk and for no apparent reason, he held the
appellant by the neck and poked a fork against it. A barangay tanod
intervened and advised the appellant to go home. Appellant left but was
later followed by Jaime (victim).
Biala, uncle of the appellant, testified that he saw Jaime attacking the
appellant with a balisong. Appellant was able to parry the blow, and
overpowering Jaime, thruste the knife into his body.
Held: No. In criminal cases, the burden of proof is on the prosecution which
may rely on the strength of its evidence and not on the weakness of the
defense. However, upon invoking self-defense, the accused admits that he
killed the victim and the burden of proof is upon him in proving that he
really acted in self-defense.
It must be shown that there was a previous unlawful and unprovoked attack
that placed the life of the accused in danger forcing him to inflict wounds
upon his assailant
According to the defense, the unlawful aggression started when the victim
started poking the appellant with a fork
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The defense failed to establish that the victim persisted in his design to
attack the appellant
Whenever the victim was drunk, he would look for trouble (refuted by the
testimony of the wife)
Facts: dela Cruz and San Antonio were currently living together when
Macapagal (victim, San Antonios ex-live-in partner) went to their
apartment, holding a gun (9mm caliber pistol) and banged the door of the
bedroom ahere dela Cruz was demanding him to go out
Dela Cruz opened the door, and upon seeing that Macapagal was pointing
the gun at him, he immediately went back to the room and closed the door.
The next time he went out, he, too, was already holding a gun (.35 caliber
revolver).
The two immediately grappled each other and not long after, shots were
heard and Macapagal fell dead on the floor.
Appellant told San Antonio to call the police and when they arrive, he
surrendered the gun he used and told the police that he shot Macapagal in
self defense.
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Issue: W/N the accused is able to prove to the court the elements of self-
defense in order to extenuate him from the crime.
In this case, the victim banged at the bedroom door with his gun but the
appellant, upon seeing the victim pointing a gun at him was able to prevent
at this stage harm to himself by promptly closing the door. He could have
stopped there. Instead, he confronted the victim.
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ISSUES:
1. Whether or not CFI erred in convicting defendant-appellant despite the
fact that he acted in defense of his person.
No. The courts concurred that the fencing and chiselling of the walls of the
house of the defendant was indeed a form of aggression on the part of the
victim. However, this
aggression was not done on the person of the victim but rather on his rights
to property. On the first issue, the courts did not err. However, in
consideration of the violation of property rights, the courts referred to Art.
30 of the civil code recognizing the right of owners to close and fence their
land.
Although is not in dispute, the victim was not in the position to subscribe to
the article because his ownership of the land being awarded by the
government was still pending, therefore putting ownership into question. It
is accepted that the victim was the original aggressor.
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Since not all requisites present, defendant is credited with the special
mitigating circumstance of incomplete defense, pursuant to Art. 13(6) RPC.
These mitigating circumstances are: voluntary surrender and passion and
obfuscation (read p. 405 explanation) Crime is homicide (2 counts) not
murder because treachery is not applicable on account of provocation by
the deceased. Also, assault was not deliberately chosen with view to kill
since slayer acted instantaneously. There was also no direct evidence of
planning or preparation to kill. Art. 249 RPC: Penalty for homicide is
reclusion temporal. However, due to mitigating circumstances and
incomplete defense, it can be lowered three degrees (Art. 64) to
arrestomayor.
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FACTS:
January 16, 1998 8pm: Brothers Servillano, Melton and Michael Ferrer
were on a drinking spree in their house because Melton visited his brothers
in Pangasinan all the way from San Fernando, La Union.
January 16, 1998 9:45 pm: The brothers decided to go to Tidbits
Videoke bar to continue their drinking spree and to sing. They were the
only customers
January 16, 1998 10:30 pm: Jaime Palaganas, Ferdinand Palaganas
and Virgilio Bautista arrived and they occupied a different table. When
Jaime sang My Way, Melton sang along. But, Jaime resented this,
approached the brother and said in Pangasinan dialect "As if you are tough
guys. You are already insulting me in that way." Jaime struck Servillanos
head with the microphone and a fight ensued. Virgilio Bautista did not
joined in and just left. During the rumble, Ferdinand went out of the
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ISSUE: W/N Rujjeric was guilty of the crime of Homicide and 2 counts of
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Frustrated Homicide
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standing outside the videoke bar and were not carrying any weapon
o When the Ferrer brothers started throwing stones, petitioner was not in
a state of actual or imminent danger considering the wide distance (4-5
meters) of the latter from the location of the former. He was still capable of
avoiding the stones by running away or by taking cover. He could have also
called or proceeded to the proper authorities for help
Second. Reasonable necessity of the means employed to prevent or
repel it;
o gun was far deadlier compared to the stones thrown by the Ferrer
brothers.
Third. Lack of sufficient provocation on the part of the person defending
himself. x x x.
unlawful aggression is a primordial element in self-defense. It is an
essential and indispensable requisite, for without unlawful aggression on
the part of the victim
As the burden of evidence is shifted on the accused to prove all the
elements of self-defense, he must rely on the strength of his own evidence
and not on the weakness of the prosecution
1.) In frustrated felony, the offender has performed all the acts of
execution which should produce the felony as a consequence; whereas in
attempted felony, the offender merely commences the commission of a
felony directly by overt acts and does not perform all the acts of execution.
2.) In frustrated felony, the reason for the non-accomplishment of the
crime is some cause independent of the will of the perpetrator; on the other
hand, in attempted felony, the reason for the non-fulfillment of the crime is
a cause or accident other than the offender's own spontaneous desistance.
when the accused intended to kill his victim, as manifested by his use of
a deadly weapon in his assault, and his victim sustained fatal or mortal
wound/s but did not die because of timely medical assistance, the crime
committed is frustrated murder or frustrated homicide depending on
whether or not any of the qualifying circumstances under Article 249 of the
Revised Penal Code are present. However, if the wound/s sustained by the
victim in such a case were not fatal or mortal, then the crime committed is
only attempted murder or attempted homicide.
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If there was no intent to kill on the part of the accused and the wound/s
sustained by the victim were not fatal, the crime committed may be serious,
less serious or slight physical injury
Michals wound took six to eight days to heal - attempted homicide
use of an unlicensed firearm - special aggravating circumstance by
Republic Act. No. 8294 on June 6, 1997
Generic aggravating circumstances are those that generally apply to all
crimes such as those mentioned in Article 14, paragraphs No. 1, 2, 3, 4, 5,
6, 9, 10, 14, 18, 19 and 20, of the Revised Penal Code. It has the effect of
increasing the penalty for the crime to its maximum period, but it cannot
increase the same to the next higher degree. It must always be alleged and
charged in the information, and must be proven during the trial in order to
be appreciated. Moreover, it can be offset by an ordinary mitigating
circumstance. On the other hand, special aggravating circumstance,
CANNOT be offset by an ordinary mitigating circumstance
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Issue: W/N appellant Juan Padernal can invoke the justifying circumstance
of avoidance of a greater evil or injury
Treachery was also appreciated in the case. The trial court convicted the
appellants with lesiones leves, from an attempted murder charge with
respect to Marianito de Leon.
(Note: Severo Padernal withdrew his appeal, thus, in effect, accepted the
prosecutions version of the case and trial courts finding of guilt.)
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When Vivencio and his parents went to her house, they brought chickens and
goats and they agreed to buy a wedding dress, 2 vestidas, shoes, P20 for the
sponsors and to repair the uncles roof.
Norma Hernandez averred that Vivencio was really courting her but that she
wasnt really in love with him. Her parents tried to persuade her to accept the
proposal and that she only accepted it out of obedience to her parents and the
uncles insistence.
Before Vivencios parents came to their home, she already counselled them not to
bring the chickens and that they should not regret whatever may happen later.
Appellant said she felt torture because she wasnt honestly in love with Vivencio
and so she decided to leave home as last recourse to prevent the marriage.
RTC convicted her of serious slander by deed because she purposely and
deliberately fled to prevent celebration of marriage. Thus, she appealed.
HELD:
RATIO:
Malice, one of the essential requisites of slander hasnt been proven. There is no
malice in the act of the appellant changing her mind. She was merely exercising
her right not to give her consent the marriage after mature consideration.
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Appellant has the privilege to reconsider her previous commitment to marry and
it would be utterly inconsistent to convict her for slander by deed simply because
she desisted in continuing with the marriage. If she would be liable then that
would be tantamount to compelling her to go into a marriage without her free
consent.
Appellant had the right to avoid to herself the evil of going through a loveless
marriage. (Art. 11 par.4, RPC
Facts: Lorenzo Napilon escaped from the jail. Some days afterwards,
policeman Felipe Delima found him in the house of Jorge Alegria, armed
with a pointed piece of bamboo in the shape of a lance, and demanded his
surrender. Napilon answered with a stroke of his lance. Delima dodged, it,
and to impose his authority fired his revolver, but the bullet did not hit
him. Napilon ran away, without parting with his weapon. Delima went after
him and fired again his revolver, this time hitting and
killing him. Delima was tried and convicted for homicide and sentenced to
reclusion temporal and the accessory penalties.
Held:
The killing was done in the performance of a duty. The deceased was
under the obligation to surrender, and had no right, after evading service of
his sentence, to commit assault and disobedience with a weapon in the
hand, which compelled the policeman to resort to such an extreme means,
which, although it proved to be fatal, was justified by the
circumstances. (People vs. Delima, G.R. No. L-18660, December 22, 1922)
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Lagata ordered the prisoners to go to the nursery to pick up gabi. Not long
afterwards, they were called to assemble. Epifanio Labong was missing so
Lagata ordered the 5 remaining prisoners to go look for him.
Eusebio Abria said that while they were gathering gabi, he heard 3
shots. He was wounded by the 2nd one. They were already assembled by
the 1st shot and that he did not see Tipace being shot. He said he ran
away because he was afraid that he might be shot again and that his
companions were also probably scared and that is why they ran.
Another prisoner, Mariano Ibaez stated that Epifanio Labong did not
answer their call so Ignacio Lagata ordered to go look for him in the
mountain. He said that Abria went to the camote plantation and found
footprints and called on Lagata to inform him about the footprints. When
Abria told Lagata of the flattened grass and that he was unable to look for
Labong, Ignacio Lagata fired at him and he was hit on his left arm. Abria
told Lagata he was wounded and in turn, Lagata told them to
assemble. Once they were assembled, Lagata cocked his gun and shot
Ceferino Tipace. Mariano said that when he saw Tipace was shot, he ran
away because he also could have been shot.
Ignacio Lagata, however, said that he fired his gun because the prisoners
were running far from him when he already ordered them to stop. He said
that he would be the one in jail if a prisoner escaped under his
custody. Furthermore, he would be discharged from duty like the
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HELD: Court ruled that Lagata should be sentenced for homicide and
serious physical injuries.
While custodians should take care for prisoners not to escape, only
ABSOLUTE NECESSITY would authorize them to fire against them.
The defense rejects this testimony, alleging that they were the only ones at
the dark rooftop when Mamangun noticed a crouching man who suddenly
continued to run. Mamangun shouted Pulis, tigil! whereupon the person
stopped and raised a steel pipe towards Mamanguns head. This prompted
Mamangun to shoot the person. The three police claim that Contreras only
said Hindi ako, hindi ako only when they approached him. Mamangun
then asked Why did you go to the rooftop? You know there are policemen
here. Mamangun reported the incident to the desk officer who directed
investigator Hernando Banez to investigate the incident. Banez later on
found a steel pipe on the roof.
Issue: W/N the death of the victim was the necessary consequence of the
petitioners fulfillment of his duty
Held: No. The Court denies the instant petition and affirms
Sandiganbayans decision after finding the petitioners testimony to be
nothing but a concocted story designed to evade criminal liability. Per
Sandiganbayans observations, the defense was self-serving for the
accused and biased with respect to his co-policemen-witnesses because:
Mamanguns admission that he did not ask the victim Why did you try to hit
me, if you are not the one? clearly belies their claim
The location of the entry of bullet belies their claim because it appears that
the victim instinctively shielded himself instead
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Additionally, petitioners pretense that Contreras struck him was not initially
reported to the desk and was only conveniently remembered when the
investigator found a pipe in the crime scene.
Acts in the fulfillment of duty and self-defense does not completely justify
the petitioners firing the fatal gunshot. The element of unlawful aggression
on the part of the victim was absent, which leads to the failure of the
petitioners plea. Also, there can only be incomplete justification (a
privileged mitigating circumstance) in the absence of a necessary justifying
circumstance the injury was caused by necessary consequence of due
performance of duty.
Upon the return of Borjal and his family to Abra, to escape bombing in
Bangued, he was placed under custody and tried and sentenced to death
by the jury based on various complaints made by the residents. Beronilla
reported this to Col. Arnold who replied, saying I can only compliment
you for your impartial but independent way of handling the whole case.
Two years thereafter, Beronilla, along with the executioner, digger and jury,
were indicted for the murder of Borjal. Soon after, President Manuel Roxas
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The rest of defendants applied and were granted amnesty, but Beronilla
and others were convicted on the grounds that the crime was made on
purely personal motives and that the crime was committed after the
expiration of time limit for amnesty proclamation.
Held: Yes. The accused acted upon orders of their superior officers, which
as military subordinates, they could not question and obeyed in good faith
without the being aware of its illegality.
The evidence is sufficient to sustain the claim of the defense that arrest,
prosecution and trial of Borjal was done in pursuant to express orders of
superiors. Additionally, it could not be established that Beronilla received
the radiogram from Colonel Volckmann, overall area commander, which
called attention to the illegality of Borjals conviction and sentence. Had
Beronilla known the violation, he would not have dared to report it to
Arnold. The conduct of the accused also does not show malice on their part
because of the conduct of the trial, defense through counsel given to Borjal,
suspension of trial based on doubts of illegality and death sentence review
sent to the superior officers.
Criminal intent then could not be established. The maxim here is actus non
facit reum, nisi mens rea (Crime is not committed if the mind of the person
performing the act complained of to be innocent).
Additionally, the lower court should not have denied their claim to the
benefits of the Guerilla Amnesty Proclamation No. 8 inspite of contradictory
dates of liberation of La Paz, Abra. Even if the dates were contradictory,
the court should have found for the Beronila, et al because if there are any
reasonable doubt as to whether a given case falls within the (amnesty)
proclamation should be resolved in favor of the accused.
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Tabuena v Sandiganbayan
Facts: Then President Marcos instructed Luis Tabuena over the phone to
pay directly to the presidents office and in cash what the Manila
International Airport Authority (MIAA) owes the Philippine National
Construction Corporation (PNCC), pursuant to the 7 January 1985
memorandum of then Minister Trade and Industry Roberto Ongpin.
Tabuena agreed. About a week later, Tabuena received from Mrs. Fe Roa-
Gimenez, then private secretary of Marcos, a Presidential Memorandum
dated 8 January 1986 reiterating in black and white such verbal instruction.
In obedience to President Marcos verbal instruction and memorandum,
Tabuena, with the help of Gerardo G. Dabao and Adolfo Peralta, caused
the release of P55 Million of MIAA funds by means of three (3) withdrawals.
On 10 January 1986, the first withdrawal was made for P25 Million,
following a letter of even date signed by Tabuena and Dabao requesting
the PNB extension office at the MIAA the depository branch of MIAA funds,
to issue a managers check for said amount payable to Tabuena. The
check was encashed, however, at the PNB Villamor Branch. Dabao and
the cashier of the PNB Villamor branch counted the money after which,
Tabuena took delivery thereof. The P25 Million in cash was delivered on
the same day to the office of Mrs. Gimenez. Mrs. Gimenez did not issue
any receipt for the money received. Similar circumstances surrounded the
second withdrawal/encashment and delivery of another P25 Million, made
on 16 January 1986. The third and last withdrawal was made on 31
January 1986 for P5 Million. Peralta was Tabuenas co-signatory to the
letter- request for a managers check for this amount. Peralta accompanied
Tabuena to the PNB Villamor branch as Tabuena requested him to do the
counting of the P5 Million. After the counting, the money was loaded in the
trunk of Tabuenas car. Peralta did not go with Tabuena to deliver the
money to Mrs. Gimenez office. It was only upon delivery of the P5 Million
that Mrs. Gimenez issued a receipt for all the amounts she received from
Tabuena. The receipt was dated January 30,1986. Tabuena and Peralta
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People v Taneo
hand and upon meeting his wife who tried stop him, he wounded her int eh
abdomen. Several others were also attacked, this includes his father, and
his guests, Fred Tanner and Luis Malinao. It was claimed that he was
dreaming when the crime happened. The trial court found Potenciano guilty
of parricide and was sentenced to reclusion perpetua.
HELD:No. The defendant acted while in a dream and his acts with which he
was charged were not voluntary in the sense of entailing criminal liability.
The expert witness claimed that the defendant was under the influence of
hallucination and not in his right mind. The defendant is not criminally liable
however, he was ordered to be confined in an insane asylum.
The defense now appeals, claiming the lower court made errors in finding
Bonoan suffered dementia only occasionally and intermittently, did not
show any kind of abnormality, that the defense did not establish the
defendants insanity and finding accused guilty.
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liability, and orders for his confinement in San Lazaro Hospital or other
hospital for the insane. This ruling was based on the following evidence:
Accused was sent the Psychopatic hospital on the same day of crime and
arrest, indicating the polices doubt of his mental normalcy
People v Dungo
Facts: On March 16, 1987 between 2:00 and 3:00pm, the accused went to
Mrs. Sigua's office at the Department of Agrarian Reform, Apalit,
Pampanga. After a brief talk, the accused drew a knife from the envelope
he was carrying and stabbed Mrs. Sigua several times. After which he
departed from the office with blood stained clothes, carrying a bloodied
bladed weapon. The autopsy report revealed that the victim sustained 14
wounds, 5 of which were fatal.
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The accused, in defense of himself, tried to show that he was insane at the
time of the commission of the offense:
Two weeks prior to March 16, 1987, Rosalino's wife noticed that he
appears to be in deep thought always, maltreating their children when he
was not used to it before. There were also times that her husband would
inform her that his feet and head were on fire when in truth they were not.
Dr. Santiago and Dr. Echavez of the National Center for Mental Health
testified that the accused was confined in the mental hospital, as per order
of the trial court dated Aug. 17, 1987. Based on the reports of their staff,
they concluded that Rosalino was psychotic or insane long before, during
and after the commission of the alleged crime and classified his insanity as
an organic mental disorder secondary to cerebro-vascular accident or
stroke. But Dr. Balatbat who treated the accused for ailments secondary to
stroke, and Dr. Lim who testified that the accused suffered dorm occlusive
disease, concluded that Rosalino was somehow rehabilitated after a series
of medical treatment in their clinic.
Issue: Whether or not the accused was insane during the commission of
the crime charged.
Held: No. For insanity to relieve the person of criminal liability, it is
necessary that there be a complete deprivation of intelligence in committing
the act, that he acts w/o the least discernment and that there
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Evidence of insanity must refer to the mental condition at the very time of
doing the act. However, it is also permissible to receive evidence of his
mental condition for a reasonable period before and after the time of the act
in question. The vagaries of the mind can only be known by outward acts.
It is not usual for an insane person to confront a specified person who may
have wronged him. But in the case at hand, the accused was able to Mrs.
Sigua. From this, it can be inferred that the accused was aware of his acts.
This also established that the accused has lucid intervals.
Moreover, Dr. Echavez testified to the effect that the appellant could have
been aware of the nature of his act at the time he committed it when he
shouted (during laboratory examination) that he killed Mrs. Sigua. This
statement makes it highly doubtful that the accused was insane when he
committed the act.
The fact that the accused was carrying an envelope where he hid the fatal
weapon, that he ran away from the scene of the incident after he stabbed
the victim several times, that he fled to Manila to evade arrest, indicate that
he was conscious and knew the consequences of his acts in stabbing the
victim. (This was taken from the TC's decision).
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FACTS: Complainant Estelita Ronaya was only 14 years old when hired as
a househelper by the mother of the accused. The accused Policarpio
Rafaran and his family lived with his mother in the same house. Policarpio
was married and has children. One evening, the mother of the accused
called complainant to help him close the door. When the complainant went
near him, he pulled her inside the store and raped her despite her
resistance. After that, he warned the complainant not to tell anyone about it
or he will kill her. The next day, the family of the accused knew what
happened. Appellant claimed that he is suffering from schizophrenia when
he inflicted violent intentions to Estelita. Trial court suspended the tria; and
ordered his confinement to National Mental Hospital in Mandaluyong. After
2 years, he was reported to be behaved and in improved condition and in
mental condition to stand court in trial. Trial of case resumed.
ISSUE: W/N the reason of insanity is sufficient to relieve him from criminal
liability
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FACTS: This case stemmed from the killing of Ben Genosa, by his wife
Marivic Genosa, appellant herein. During their first year of marriage,
Marivic and Ben lived happily but apparently thereafter, Ben changed and
the couple would always quarrel and sometimes their quarrels became
violent. Appellant testified that every time her husband came home drunk,
he would provoke her and sometimes beat her. Whenever beaten by her
husband, she consulted medical doctors who testified during the trial. On
the night of the killing, appellant and the victim were quarreled and the
victim beat the appellant. However, appellant was able to run to another
room. Appellant admitted having killed the victim with the use of a gun. The
information for parricide against appellant, however, alleged that the cause
of death of the victim was by beating through the use of a lead pipe.
Appellant invoked self defense and defense of her unborn child. After trial,
the Regional Trial Court found appellant guilty beyond reasonable doubt of
the crime of parricide with an aggravating circumstance of treachery and
imposed the penalty of death.
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ISSUE:
1. Whether or not appellant herein can validly invoke the battered woman
syndrome as constituting self defense.
2. Whether or not treachery attended the killing of Ben Genosa.
Ruling: 1. The Court ruled in the negative as appellant failed to prove that
she is afflicted with the battered woman syndrome.
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against the latter. Taken altogether, these circumstances could satisfy the
requisites of self-defense. Under the existing facts of the present case,
however, not all of these elements were duly established.
The defense fell short of proving all three phases of the cycle of violence
supposedly characterizing the relationship of Ben and Marivic Genosa. No
doubt there were acute battering incidents but appellant failed to prove that
in at least another battering episode in the past, she had gone through a
similar pattern. Neither did appellant proffer sufficient evidence in regard to
the third phase of the cycle.
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The first circumstance arose from the cyclical nature and the severity of the
battery inflicted by the batterer-spouse upon appellant. That is, the
repeated beatings over a period of time resulted in her psychological
paralysis, which was analogous to an illness diminishing the exercise of her
will power without depriving her of consciousness of her acts.
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fatal night in the hands of her batterer-spouse, in spite of the fact that she
was eight (8) months pregnant with their child, overwhelmed her and put
her in the aforesaid emotional and mental state, which overcame her
reason and impelled her to vindicate her life and that of her unborn child.
NOTE: After this case was decided by the Supreme Court, R.A. 9262,
otherwise known as Anti-Violence Against Women and their Children Act of
2004 was enacted. Sec. 26 of said law provides that "xxx. Victim-survivors
who are found by the courts to be suffering from battered women syndrome
do not incur any criminal and civil liability nothwithstanding the absence of
any of the elements for justifying circumstances of self-defense under the
Revised Penal Code.xxx"
Facts: Between 1-2 pm of Nov. 19, 1938, Juan Ragojos and Epifanio
Rarang were playing volleyball in the yard of their school in Sual,
Pangasinan. Valentin Doquena, the accused, intercepted the ball, and
threw it a Ragojos, who was hit in the stomach. Miffed, Ragojos chased
Doquena, and upon catching him, slapped Doquena on the nape, and
punched him in the face. After doing this, Ragojos went back to Rarang to
resume playing volleyball. Insulted, Doquena looked for something to throw
at Ragojos, finding none, he got his cousin's (Romualdo Cocal) knife, and
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Facts:At the time of commission of rape, the accused was 13 years old
while the victim was 6. The case was pending when the Juvenile Justice
and Welfare Act of 2006 (R.A. 9344) was enacted amending among others
the age of criminal irresponsibility being raised from 9 to 15 years old. At
the time of the promulgation of judgment, the accused already reached the
age of majority.
Issue:Whether or not the Juvenile Justice and Welfare Act of 2006 (R.A.
9344) should be applied, in the resolution of the case.
Held:The Juvenile Justice and Welfare Act of 2006 (R.A. 9344) should be
applied. By virtue of R.A. No. 9344, the age of criminal irresponsibility has
been raised from 9 to 15 years old, this law is evidently favorable to the
accused. Petitioner was only 13 years old at the time of the commission of
the alleged rape. This was duly proven by the certificate of live birth, by
petitioner's own testimony, and by the testimony of his
mother. Furthermore, petitioners age was never assailed in any of the
proceedings before the RTC and the CA. Indubitably, petitioner, at the time
of the commission of the crime, was below 15 years of age. Under R.A. No.
9344, he is exempted from criminal liability.
G.R. No. 186227, July 20, 2011 | People of the Philippines vs Allen
Udtojan Mantalaba
RTC found Mantalaba guilty beyond reasonable doubt and was penalized
of reclusion perpetua to death and fine of 500k for selling shabu and (2) for
illegally possessing shabu, Mantalaba was penalized, in application of the
ISL, 6 yrs and 1 day as minimum and 8 yrs as maximum of prision mayor
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and fine of 300k. CA affirmed in toto the decision of the RTC. Thus, the
present appeal.
Mantalaba: the lower court gravely erred in convicting him and that there
was no evidence of actual sale between him and the poser-buyer during
the buy-bust operation. He also claims that the chain of custody of the
seized shabu was not established.
Ruling:
The buy-bust operation was valid, establishing the following: (1) the identity
of the buyer and the seller, the object, and the consideration; and (2) the
delivery of the thing sold and the payment therefore. From the above
testimony of the prosecution witness, it was well established that the
elements have been satisfactorily met. The seller and the poseur-buyer
were properly identified. The subject dangerous drug, as well as the
marked money used, were also satisfactorily presented. The testimony was
also clear as to the manner in which the buy-bust operation was conducted.
As to his minority, Mantalaba was minor during the buy-bust operation but
was of legal age during the promulgation of the decision. It must be noted
that RA 9344 took effect after the promulgation of the RTC's decision
against Mantalaba. The RTC did not suspend the sentence in accordance
with PD 603 (Child and Youth Welfare Code) and Rule on Juveniles in
Conflict with the Law that were applicable at the time of the promulgation of
the judgment. However, as ruled in People vs Sarcia, suspension of
sentence can still be applied but NOT when the offender upon the
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US v Tanedo
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US v. CABALLEROS
4 Phil. 350 (1905)
Facts:
Issue:
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Held:
Yes. Not only is Baculis confession that he only assisted in the burial of the
corpses because he was compelled by the murderers, but this was
corroborated by the only eyewitness to the crime, Sabate. Sabate said that
he was present when the Americans were killed; that Baculi was not a
member of the group of murderers but he was in the banana plantation
gathering some bananas; that when he heard the shots he began to run;
that he was, however, seen by Damaso and Isidro, the leaders of the band;
that the latter called to him and striking him with the butts of their guns
forced him to bury the corpses. As for Caballeros, there was no proof that
he took any part in the execution of the crime; there was conclusive proof
to the contrary. Sabate and Baculi declared that Caballeros did not take
any part in the burial of the aforesaid corpses, nor was he even in the place
of the occurrence when the burial took place. Their failure to report the
crime is not an offense punished by the Penal Code.
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that the appellant, in causing her childs death in one way or another, or in
abandoning it in the thicket, did so willfully, consciously or imprudently. She
had no cause to kill or abandon it, to expose it to death, because her affair
with a former lover, which was not unknown to her second lover, Kirol, took
place three years before the incident; her married life with Kirolshe
considers him her husband as he considers him his wifebegan a year
ago; as he so testified at the trial, he knew of the pregnancy and that it was
his and that theyve been eagerly awaiting the birth of the child. The
appellant, thus, had no cause to be ashamed of her pregnancy to Kirol.
Apparently, she was not aware of her childbirth, or if she was, it did not
occur to her or she was unable, due to her debility or dizziness, which
cause may be considered lawful or insuperable
to constitute the seventh exempting circumstance, to take hernchild from
the thicket where she had given it birth, so as not to leave it abandoned
and exposed to the danger of losing its life. If by going into the thicket to
pee, she caused a wrong as that of giving birth to her child in that same
place and later abandoning it, not because of imprudence or any other
reason than that she
was overcome by strong dizziness and extreme debility, she could not be
blamed because it all happened by mere accident, with no fault or intention
on her part. The law exempts from liability any person who so acts and
behaves under such circumstances (Art. 12(4), RPC). Thus, having the
fourth and seventh exempting circumstances in her favor, she is acquitted
of the crime that she had been accused of.
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