MODULE 4 – CRIM 1 – ATTY JUANICO

CONSPIRACY AND PROPOSALS TO COMMIT A 3. That the recruit, neophyte or applicant is placed
FELONY (ART. 8, RPC) AND FELONIES AS TO in some embarrassing or humiliating situations such
SEVERITY (ART. 7 AND 9, RPC) as forcing him to do menial, silly, foolish and other
similar tasks or activities or otherwise subjecting
1. Dungo v. People, G.R. No. 209464, 1 July him to physical or psychological suffering or injury.
2015 Classes of direct participants are: the first class of
principals would be the actual participants in the
Facts: On January 14, 2006, at Villa Novaliches, hazing. If the person subjected to hazing or other
Brgy. Pansol, Calamba City, Laguna, the Alpha Phi forms of initiation rites suffers any physical injury or
Omega Fraternity in conspiracy with more or less dies as a result thereof, the officers and members
twenty other members and officers conducted of the fraternity, sorority or organization who
initiation rite. MARLON VILLANUEVA y MEJILLA, a actually participated in the infliction of physical
neophyte was subjected to physical harm. harm shall be liable as principals. The second class
After the initiation rites, accused Sibal inquired of principals would be the officers, former officers,
about Villanueva's condition but he was ignored by or alumni of the organization, group, fraternity or
Castillo. He then called co-accused Dungo for help. sorority who actually planned the hazing. The third
After Dungo arrived at the resort, they hailed a class of principals would be the officers or members
tricycle and brought Villanueva to JP Rizal Hospital. of an organization group, fraternity or sorority who
There, he gave a false name to the security guard as knowingly cooperated in carrying out the hazing by
he heard that Dungo had done the same. inducing the victim to be present thereat due to
their indispensable cooperation in the crime by
RTC found Dungo and Sibal guilty of the crime of inducing the victim to attend the hazing. The next
violating Section 4 of the Anti-Hazing Law and class of principals would be the fraternity or
sentenced them to suffer the penalty of reclusion sorority's adviser. The last class of principals would
perpetua. be the parents of the officers or members of the
fraternity, group, or organization.
The CA ruled that the appeal of Dungo and Sibal Exceptionally, under R.A. No. 8049, the
was bereft of merit. participation of the offenders in the criminal
conspiracy can be proven by the prima facie
Issue: Whether or not herein accused were guilty of evidence due to their presence during the hazing,
violation of R.A. No. 8049. unless they prevented the commission of the acts
Ruling: Yes, they are guilty of violation of R.A. No. therein.
8049.
2. People v. Aguilos, G.R. No. 121828, 27 June
Section 1 of R.A. No. 8049 defines hazing as an 2003
initiation rite or practice as a prerequisite for FACTS:On February 5, 1988 11:30 in the evening,
admission into membership in a fraternity, sorority Elisa Roldan was inside their store waiting for
or organization by placing the recruit, neophyte or husband to arrive. Joselito Capa and Julian Azul, Jr.
applicant in some embarrassing or humiliating were drinking beer. Although already drunk, Edmar
situations such as forcing him to do menial, silly, Aguilos and Odilon Lagliba joined them. Aguilos had
foolish and other similar tasks or activities or a heated argument with Azul. Elisa pacified Edmar
otherwise subjecting him to physical or and advised them to go home as she was already
psychological suffering or injury. From the said going to close her store. Aguilos and Lagliba left
definition, the elements of the crime of hazing can then returned to block Capa and Azul. Aguilos took
be determined: off his eyeglasses and punched Azul in the face.
1. That there is an initiation rite or practice as a Elisa shouted "Tama na, tama na!" but she was
prerequisite for admission into membership in a ignored as they continue to rumble until they reach
fraternity, sorority or organization; the end of the street. Lagliba positioned himself on
2. That there must be a recruit, neophyte or top of a pile of hollow blocks and watched the two
applicant of the fraternity, sorority or organization; swapped punches. As Capa tried to stop the fight,
and Lagliba pulled out his knife with his right hand and
stepped down from his perch. He placed his left

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arm around Capa's neck, and stabbed him. Ronnie be implied if it is proved that two or more persons
and Rene Gayot Pilola, who were across the street, aimed by their acts towards the accomplishment of
saw their gang-mate Lagliba stabbing the victim and the same unlawful object, each doing a part so that
decided to join the fray. Ronnie took a knife from their combined acts, though apparently
the kitchen of Teresita and the two rushed to the independent of each other, were, in fact, connected
scene and stabbed Capa. As Capa was stabbed 11 and cooperative, indicating a closeness of personal
times (6 fatal stab wounds), he fell in the association and a concurrence of sentiment. There
canal. Lagliba and Pilola fled while Ronnie went may be conspiracy even if an offender does not
after Azul who ran dear life. When Azul noticed know the identities of the other offenders, and
that Ronnie was no longer running after him, he even though he is not aware of all the details of the
looked back and saw Ronnie pick up a piece of plan of operation or was not in on the scheme from
hollow block and bashed Capa's head. Then, the beginning. One need only to knowingly
Ronnie got a piece of broken bottle and struck Capa contribute his efforts in furtherance of it. One who
once more before fleeing from the scene. Capa joins a criminal conspiracy in effect adopts as his
died on the spot. Elisa rushed to Capa's house and own the criminal designs of his co-conspirators. If
informed his wife and brother of the incident. conspiracy is established, all the conspirators are
Agripina Gloria, a female security guard, liable as co-principals regardless of the manner and
saw Ronnie repeatedly stabbed Capa and fled extent of their participation since in contemplation
towards the direction of the mental hospital. She of law, the act of one would be the act of all. Each
did not see Lagliba. of the conspirators is the agent of all the others.
On the other hand, Elisa's cross-
examination had an inconsistency, she stated that it • Even if two or more offenders do not
was Aguilos who struck the victim (before it was conspire to commit homicide or murder, they may
Ronnie) be held criminally liable as principals by direct
RTC: Pilola GUILTY beyond reasonable participation if they perform overt acts which
doubt of Murder punished under Art. 248 of the mediately or immediately cause or accelerate the
RPC qualified by treachery and sentenced to death of the victim.
reclusion perpetua. Pilola is hereby ordered to • Art. 4. Criminal liability. – Criminal liability
indemnify the heirs of Capa in the amount of shall be incurred:
50,000 as civil indemnity ex delictom and moral By any person committing a felony
damages of 50,000 and exemplary damages of (delito) although the wrongful act done be
25,000 different from that which he
ISSUE: WON Pilola is guilty of murder intended
RULING: Yes. Pilola is GUILTY of murder. • Art 18. Accomplices. - Accomplices are the
• The identity of the person who hit the persons who, not being included in Article 17,
victim with a hollow block is of de minimis cooperate in the execution of the offense by
importance. The perceived inconsistency in Elisa's previous or simultaneous acts.
account of events is a minor and collateral detail • To hold a person liable as an accomplice,
that does not affect the substance of her testimony, two elements must concur:
as it even served to strengthen rather than destroy 1. the community of criminal design -
her credibility. No showing of any improper motive knowing the criminal design of the principal by
on the part of a witness to testify falsely against the direct participation, he
accused or to falsely implicate the latter in the concurs with the latter in his purpose
commission of the crime - the testimony is worthy 2. the performance of previous or
of full faith and credence simultaneous acts that are not indispensable to the
• There is conspiracy when two or more commission of the crime
persons agree to commit a felony and decide to • Accomplices do not decide whether the
commit it. Conspiracy as a mode of incurring crime should be committed; they merely assent to
criminal liability must be proved separately from the plan of the principal by direct participation and
and with the same quantum of proof as the crime cooperate on its accomplishment. However, where
itself. Secrecy and concealment are essential one cooperates in the commission of the crime by
features of a successful conspiracy. Conspiracy may performing overt acts which by themselves are acts

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of execution, he is a principal by direct 2. that after stopping by a safehouse at
participation, and not merely an accomplice. Guadalupe, Cebu City, the group thereafter
headed to the South Bus Terminal where
• There is treachery when the offender they met Alberto and Ariel, and hired the
commits any of the crimes against persons, white van driven by the former. They
employing means, methods or forms in the traveled towards Tan-awan, leaving the red
execution thereof, which tend directly and specially car at the South Bus Terminal,
to insure its execution, without risk to himself 3. that after parking their vehicles near a
arising from the defense, which the offended party precipice, they drank and had a pot session.
might make. The essence of treachery is the swift Later, they started to rape Marijoy inside
and unexpected attack on the unarmed victim the vehicle, and thereafter raped
without the slightest provocation on his part Jacqueline,
- attack on the unarmed victim was sudden. The 4. that Josman instructed Rowen and Ariel to
aggravating circumstance of abuse of superior bring Marijoy to the cliff and push her into
strength is absorbed by treachery. the ravine, and
5. that they made fun of Jacqueline, who was
3. People v. Larranaga, 421 SCRA 530, 3 made to run while being followed by the
February 2004 group while boarding the van; and was
Appellants: Francisco Juan Larrañaga, Josman beaten until she passed out.
Aznar, Rowen Adlawan, Alberto Caño, Ariel
Balansag, Davidson Rusia, James Anthony Uy, In his defense, Larrañaga, through his witnesses,
James Andrew Uy claimed the following:
Per curiam decision 1. that on July 16, 1997, he was at Quezon City
FACTS: taking his mid-term examinations at the
On the rainy night of July 16, 1997, Marijoy and Center for Culinary Arts,
Jacqueline Chiong, sisters, failed to come home on 2. that he also attended his teacher’s lecture
the expected time. Two days after, a young woman in Applied Mathematics,
was found dead at the foot of a cliff in Tan-awan, 3. that in the evening of that day until 3:00 in
Carcar Cebu. Her pants were torn, her t-shirt was the morning of July 17, 1997, he was with
raised up to her breast and her bra was pulled his friends at the R & R Bar and Restaurant,
down. Her face and neck were covered with Quezon City,
masking tape, and attached to her left wrist was a 4. that representatives of four airline
handcuff. The woman was identified as companies plying the route of Manila-Cebu-
Marijoy. After almost ten months, accused Manila presented proofs showing that
Davidson Rusia surfaced and admitted before the Larrañaga does not appear in their records
police having participated in the abduction of the from July 15 to July 17, 1997, and
sisters. He identified appellants Francisco Juan 5. that his neighbors at Loyola Heights
Larrañaga, Josman Aznar, Rowen Adlawan, Alberto Condominium, Quezon City, including the
Caño, Ariel Balansag, James Anthony Uy, and James security guard saw him in his condo unit in
Andrew Uy as co-perpetrators in the crime. Rusia the evening of July 16, 1997.
provided the following before the trial court: The brothers James Anthony and James Andrew
1. that he met Rowen and Josman at Ayala claimed that they were at their home in Cebu City,
Mall at 10:30 in the evening of July 16, celebrating their father’s 50th birthday, which
1997, who told him to ride with them in a ended at 11:30 in the evening.
white car. Following them were Larrañaga, Alberto and Ariel claimed that they had the van’s
James Anthony and James Andrew, who aircon repaired in the evening of July 16, 1997,
were in a red car. Josman stopped in front accompanied by the former’s wife and the owners
of the waiting shed where Marijoy and of the van. The repair shop was only able to finish
Jacqueline were standing, and were then the work at 10:00 the following morning.
forced to ride the car. Rusia taped their Josman claimed that he was at his house together
mouths while Rowen handcuffed them with his friends about 8:00 in the evening of July 16,
jointly, 1997, ate dinner and drank, and thereafter went to

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BAI Disco, transferred to DTM Bar, and went home years old when the crimes were committed. As
at 3:00 the following morning. penalty for the special complex crime of kidnapping
Rusia was discharged as an accused and became a and serious illegal detention with homicide and
state witness. Still, the body of Jacqueline was rape is death, the correct penalty to be imposed
never found. The trial court found the other should be reclusion perpetua. On the other hand,
appellants guilty of two crimes of kidnapping and the penalty for simple kidnapping and serious illegal
serious illegal detention and sentenced each of detention is reclusion perpetua to death. One
them to suffer the penalties of two (2) reclusiones degree lower from the said penalty is reclusion
perpetua. The appellants assailed the said decision, temporal. There being no aggravating and
arguing inter alia, that court erred in finding that mitigating circumstance, the penalty to be imposed
there was consipiracy. James Anthony was also on him should be reclusion temporal in its medium
claimed to be only 16 years old when the crimes period. Applying the Indeterminate Sentence Law,
were committed. he should be sentenced to suffer the penalty of
ISSUES: twelve (12) years of prision mayor in its maximum
1) Whether there was conspiracy. period, as minimum, to seventeen (17) years of
2) Whether the trial court erred in characterizing reclusion temporal in its medium period, as
the crime. maximum. With regard to the rest of the
3) Whether the trial court erred in imposing the appellants, the statutory penalty as provided above
correct penalty. should be imposed. Therefore, trial court erred in
HELD: merely imposing “two (2) reclusiones perpetua”.
1) Yes. Conspiracy may be deduced from the mode
and manner by which the offense was perpetrated, 4. People v. Garchitorena, 597 SCRA 420,
or may be inferred from the acts of the accused August 28, 2009
themselves, when such point to a joint design and Facts: Petitioner was charged in the Sandiganbayan
community of interest. The appellants’ actions with violation of Sec. 3(e) of RA 3019, Anti-Graft
showed that they had the same objective to kidnap and Corrupt Practices Act, allegedly committed by
and detain the Chiong sisters. The Court affirmed her favoring “unqualified” aliens with the benefits
the trial court’s finding that the appellants indeed of the Alien Legalization Program. Petitioner filed
conspired in the commission of the crimes charged. this case to enjoin Sandiganbayan from proceeding
2) Yes. The rule is that when the law provides a with the case, on the ground that it was intended
single penalty for two or more component offenses, solely to harass her as she was then a presidential
the resulting crime is called a special complex candidate. After her petition was dismissed, she
crime. Article 267 of the Revised Penal Code, as then filed a motion for inhibition of Presiding
amended by Section 8 of R.A. 7659, provides that in Justice Garchitorena.
the crime of kidnapping and serious illegal [A lot of procedural issues and controversies were
detention, when the victim is killed or dies as a discussed, but for the purpose of limiting this digest
consequence of the detention, or is raped or is to Criminal Law 1, the author did not include it.]
subjected to torture or dehumanizing acts, the Petitioner next claims that the Amended
maximum penalty shall be imposed. Thus, the Informations did not charge any offense punishable
resulting crime will change from complex crime to under Section 3 (e) of R.A. No. 3019 because the
special complex crime. In the present case, the official acts complained of therein were authorized
victims were raped and subjected to dehumanizing under Executive Order No. 324 and that the Board
acts. Thus, the Court held that all the appellants of Commissioners of the Bureau of Investigation
were guilty of the special complex crime of adopted the policy of approving applications for
kidnapping and serious illegal detention with legalization of spouses and unmarried, minor
homicide and rape in the case where Marijoy is the children of “qualified aliens” even though they had
victim; and simple kidnapping and serious illegal arrived in the Philippines after December 31, 1983.
detention in the case of Jacqueline. She concludes that the Sandiganbayan erred in not
3) Yes. Article 68 of the Revised Penal Code granting her motion to quash the informations.
provides that by reason of minority, the imposable In a motion to quash, the accused admits
penalty to the offender is one degree lower than hypothetically the allegations of fact in the
the statutory penalty. James Anthony was only 16 Information. Therefore, petitioner admitted

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hypothetically in her motion that: 1) she was a The 32 Amended Informations aver that the
public officer; 2) she approved the application for offenses were committed on the same period of
legalization of the stay of aliens, who arrived in the time, i.e., on or about October 17, 1988. The strong
Philippines after January 1, 1984; 3) those aliens probability even exists that the approval of the
were disqualified; 4) she was cognizant of such fact; application or the legalization of the stay of the 32
and 5) she acted in evident bad faith and manifest aliens was done by a single stroke of the pen, as
partiality in the execution of her official functions; when the approval was embodied in the same
thereby constituting the elements of the offense document. Likewise, the public prosecutors
defined in Sec. 3(e) of RA 3019. manifested at the hearing the motion for a bill of
It bears noting that the public prosecutors filed a particulars that the Government suffered a single
total of 32 Informations against the petitioner for harm or injury.
the violation of such law. SC ordered the Ombudsman to consolidated the 32
Issue: Amended Informations into one Information
How is the violation of Sec. 3(e) of RA 3019 charging only one offense.
committed?
Held: 5. People v. Carandang, G.R. No. 175926, 6
There are two ways of violating Section 3 (e) of R.A. July 2011
No. 3019. These are: (a) by causing undue injury to Doctrine: Unlike evident premeditation, there is no
any party, including the Government; and (b) by requirement for conspiracy to exist that there be a
giving any private party any unwarranted benefit, sufficient period of time to elapse to afford full
advantage or preference. opportunity for meditation and reflection. Instead,
Issue #2: conspiracy arises on the very moment the plotters
Whether or not the filing of 32 Amended agree, expressly or impliedly, to commit the subject
Informations against petitioner was proper. felony
Held #2: NO. FACTS: In the afternoon of April 2001, La Loma
Only one crime was committed in petitioner’s case, Police Station received a request from the sister of
and hence, there should only be one Information to accused Milan that there is a drug trade that is
be filed against her. happenning on their house in Quezon City. At
The 32 Amended Informations charge what is arounf 4:00 PM, SPO2 Wilfredo Pilar (Red) along
known as delito continuado or “continued crime” with Police Officer 2 Dionisio Alonzo, SPO1 Estores,
and sometimes referred to as “continuous crime.” A and SPO1 Montecalvo went to Milan’s house and
delito continuado consists of several crimes but in surrounded the area. The door of the house was
reality there is only one crime in the mind of the open, enabling the police officers to see Carandang,
perpetrator. See full text for the discussion and Milan, and Chua inside.
examples of delito continuado as discussed by SC. PO2 Alonzo and SPO2 Red pushed the door open,
In the case at bench, the original information and shouted “Walang gagalaw!”. They are instantly
charged petitioner with performing a single criminal shot and failed to return fire causing their instant
act — that of her approving the application for death. SPO1 Montecalvo fell on the ground, SPO1
legalization of aliens not qualified under the law to Estores heard Chua say to Milan “Sugurin mo na!”.
enjoy such privilege. The original information also Milan lunged Montecalvo but failed to maul him
averred that the criminal act : (i) committed by because the police officer was able to fire his gun to
petitioner was in violation of a law — Executive Milan. Thereafter, Estores went inside the house to
Order No. 324 dated April 13, 1988, (ii) caused an pull Montecalvo out.
undue injury to one offended party, the RTC found the three guilty beyond reasonable
Government, and (iii) was done on a single day, i.e., doubt of the crime of murder. Likewise, they were
on or about October 17, 1988. The 32 Amended also found guilty of attempted murder in Relation
Informations reproduced in verbatim the allegation to Article 6 par 2, having been acted in conspiracy.
of the original information, except that instead of CA affirmed the decision.
the word “aliens” in the original information each Accused appealed to SC, arguing that the court a
amended information states the name of the quo erred in holding that ther is conspiracy among
individual whose stay was legalized. the appellants.

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ISSUE: WON accused-appelants are guilty of testimony of the prosecution’s first and second
conspiracy to commit murder against SPO1 witness. The said witness further testified that she
Montefalco. suffered civil and moral damages [due to] the death
RULING: YES. Conspiracy exists when two or more of her husband.
persons come to an agreement concerning the After trial was concluded, a guilty verdict was
commission of a felony and decide to commit handed down by the trial court finding appellants
it. Evidence need not establish the actual guilty beyond reasonable doubt of murdering
agreement among the conspirators showing a Pionio Yacapin.
preconceived plan or motive for the commission of ISSUE: WHETHERTHE COURT A QUO GRAVELY
the crime. Proof of concerted action before, during ERRED IN CONVICTING APPELLANTS OF THE CRIME
and after the crime, which demonstrates their unity CHARGED DESPITE FAILURE OF THE PROSECUTION
of design and objective, is sufficient. When TO PROVE THEIR GUILT BEYOND REASONABLE
conspiracy is established, the act of one is the act of DOUBT.
all regardless of the degree of participation of each. HELD: NO [T]he issue raised by accused-appellant
In the case at bar, the conclusion that Milan and involves the credibility of [the] witness, which is
Chua conspired with Carandang was established by best addressed by the trial court, it being in a better
their acts (1) before Carandang shot the victims position to decide such question, having heard the
(Milans closing the door when the police officers witness and observed his demeanor, conduct, and
introduced themselves, allowing Carandang to wait attitude under grueling examination. These are the
in ambush), and (2) after the shooting (Chuas most significant factors in evaluating the sincerity
directive to Milan to attack SPO1 Montecalvo and of witnesses and in unearthing the truth, especially
Milans following such instruction). These facts are in the face of conflicting testimonies.
convincing circumstantial evidence of the unity of Given the natural frailties of the human mind and
purpose in the minds of the three. As co- its capacity to assimilate all material details of a
conspirators, all three are considered principals by given incident, slight inconsistencies and variances
direct participation. in the declarations of a witness hardly weaken their
Neither can the rapid turn of events be considered probative value. It is well-settled that immaterial
to negate a finding of conspiracy. Unlike evident and insignificant details do not discredit a
premeditation, there is no requirement for testimony on the very material and significant point
conspiracy to exist that there be a sufficient period bearing on the very act of accused-appellants. As
of time to elapse to afford full opportunity for long as the testimonies of the witnesses
meditation and reflection. Instead, conspiracy corroborate one another on material points, minor
arises on the very moment the plotters agree, inconsistencies therein cannot destroy their
expressly or impliedly, to commit the subject credibility. Inconsistencies on minor details do not
felony. undermine the integrity of a prosecution witness.

6. People v. Dadao, G.R. No. 201860, 22 7. People v. Octa, G.R. No. 195196, 13 July
January 2104 2015
FACTS : Prosecution’s first witness, Ronie Dacion, a
14-year old stepson of the victim, Pionio Yacapin, Doctrine: There must be intentional participation in
testified that on July 11, 1993 at about 7:30 in the the transaction with a view to the furtherance of
evening he saw accused Marcelino Dadao, Antonio the common design and purpose.
Sulindao, Eddie Malogsi and [A]lfemio Malogsi FACTS: On the morning on Septemebr 25 2003,
helping each other and with the use of firearms and while Johnny Corpuz and Mike Batuigas are on
bolos, shot to death the victim, Pionio Yacapin in board in a Honda Civic travelling in Sampaloc,
their house at Barangay Salucot, Talakag, Bukidnon. Manila, some four armed men blocked their way
The testimony of the second witness for the and insisted to get inside their car. The armed men
prosecution, Edgar Dacion, a 12-year old stepson of deemed successful in getting in the car and was
the victim, corroborates the testimony of his older ordered Johnny to take the back seat. Also, he was
brother Ronie Dacion. handcuffed, blindfolded, and even boxed while
Prosecution’s third witness, Nenita Yacapin, the travelling.
widow of the victim, also corroborates the

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When they reached the safehouse, the armed men 8. People v. Feliciano, G.R. No. 196735, 5 May
called Johnny’s wife Ana Marie to inform her that 2104
they are indeed kidnapped. The armed men started PONENTE: Leonen
demanding P 20 Million but were reduced to TOPIC: right to be informed of their offenses,
P538,00. disguise, res gestae, treachery
Finally, on September 30, 2003, Ana Marie were FACTS: On December 8, 1994, at around 12:30 to
instructed to give the ransom money to a man 1:00 in the afternoon, seven (7) members of the
wearing a red cap that she will see on Caltex Auto Sigma Rho fraternity were eating lunch at the Beach
Supply. She reached the location before giving the House Canteen, near the Main Library of the
money to the man, who was further discovered to University of the Philippines, Diliman, when they
be Estanly Octa, she first phoned the kidnappers to were attacked by several masked men
confirm whether or not Octa is one of them. Johnny carrying baseball bats and lead pipes. Some of them
and Mike were released on October 1 2003. sustained injuries that required hospitalization. One
RTC found Octa guilty beyond reasonable doubt of of them, Dennis Venturina, died from his injuries.
kidnapping, and was sentenced to suffer maximum An information for murder was filed against several
prison term of reclusion perpetua. CA affirmed the members of the Scintilla Juris fraternity and
decision. separate informations were also filed against them
Octa contended that the trial court gravely erred in for the attempted and frustrated murder of Sigma
finding him to be a conspirator to the crime Rho fraternity members.
charged. Hence, the appeal. RTC found Alvir, Feliciano Jr., Soliva, Medalla and
ISSUE: WON accused-appellant was guilty of Zingapan guilty beyond reasonable doubt of murder
kidnapping as co-conspirator. and attempted murder. Others were acquitted. The
RULING: YES. Conspiracy exists when two or more case against Guerrero was ordered archived by the
persons come to an agreement concerning the court until his apprehension. CA affirmed
commission of a felony and decide to commit RTC’s decision.
it. Where all the accused acted in concert at the ISSUES:
time of the commission of the offense, and it is 1. Whether or not accused-appellants’
shown by such acts that they had the same purpose constitutional rights were violated when the
or common design and were united in its execution, information against them contained the
conspiracy is sufficiently established. It must be aggravating circumstance of the use of
shown that all participants performed specific acts masks despite the prosecution presenting
with such closeness and coordination as to indicate witnesses to prove that the masks fell off
a common purpose or design to commit the felony. 2. Whether or not the RTC and CA correctly
Evidently, to hold an accused guilty as a co-principal ruled, on the basis of the evidence, that
by reason of conspiracy, he must be shown to have accused-appellants were sufficiently
performed an overt act in pursuance or furtherance identified.
of the complicity. There must be intentional
participation in the transaction with a view to the HELD:
furtherance of the common design and purpose. FIRST ISSUE: No.
Thus, accused-appellants’ argument that he is a The Court held that an information is sufficient
mere accomplice must fail. He is liable as a principal when the accused is fully apprised of the charge
for being a co-conspirator in the crime of against him to enable him to prepare his defense.
Kidnapping for Ransom under Art. 267 of the RPC, The argument of appellants that the information
as amended by R.A. 7659. filed against them violates their constitutional right
While his receipt of the ransom money was not a to be informed of the nature and cause of the
material element of the crime, it was nevertheless accusation against them holds no water. The Court
part of the grand plan and was in fact the main found no merit on the appellants’ arguments that
reason for kidnapping the victims. the prosecution should not have included the
Appeal is dismissed. CA’s decision is affirmed with phrase “wearing masks and/or other forms of
modifications. disguise” in the information since they were
presenting testimonial evidence that not all the

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accused were wearing masks or that their masks fell According to the testimony of U.P. Police Officer
off. Salvador, when he arrived at the scene, he
It should be remembered that every interviewed the bystanders who all told him that
aggravating circumstance being alleged must be they could not recognize the attackers since they
stated in the information. Failure to state an were all masked. This, it is argued, could be
aggravating circumstance, even if duly proven at evidence that could be given as part of the res
trial, will not be appreciated as such gestae.
It was, therefore, incumbent on the prosecution to There is no doubt that a sudden attack on a group
state the aggravating circumstance of “wearing peacefully eating lunch on a school campus is a
masks and/or other forms of disguise” in the startling occurrence. Considering that the
information in order for all the evidence, statements of the bystanders were made
introduced to that effect, to be admissible by the immediately after the startling occurrence, they
trial court. are, in fact, admissible as evidence given in res
In criminal cases, disguise is an gestae.
aggravating circumstance because, like nighttime, it The statements made by the bystanders,
allows the accused to remain anonymous and although admissible, have little persuasive value
unidentifiable as he carries out his crimes. since the bystanders could have seen the events
The introduction of the prosecution of testimonial transpiring at different vantage points and at
evidence that tends to prove that the accused were different points in time. Even Frisco Capilo, one of
masked but the masks fell off does not prevent the bystanders at the time of the attack, testified
them from including disguise as an that the attackers had their masks on at first, but
aggravating circumstance. later on, some remained masked and some were
What is important in alleging disguise as an unmasked.
aggravating circumstance is that there was a When the bystanders’ testimonies are weighed
concealment of identity by the accused. The against those of the victims who witnessed the
inclusion of disguise in the information was, entirety of the incident from beginning to end at
therefore, enough to sufficiently apprise the close range, the former become merely
accused that in the commission of the offense they corroborative of the fact that an attack occurred.
were being charged with, they tried to conceal their Their account of the incident, therefore, must be
identity. given considerably less weight than that of the
The introduction of evidence which shows that victims.
some of the accused were not wearing masks is also Accused-appellants were correctly charged with
not violative of their right to be informed of their murder, and there was treachery in the
offenses. commission of the crime
The information charges conspiracy among the The victims in this case were eating lunch
accused. Conspiracy presupposes that “the act of on campus. They were not at a place where they
one is the act of all.” This would mean all the would be reasonably expected to be on guard for
accused had been one in their plan to conceal their any sudden attack by rival fraternity men.
identity even if there was evidence later on to The victims, who were unarmed, were also
prove that some of them might not have done so. attacked with lead pipes and baseball bats. The only
SECOND ISSUE: Yes. way they could parry the blows was with their
The Court held that the accused were sufficiently arms. In a situation where they were unarmed and
identified by the witnesses for the prosecution. It outnumbered, it would be impossible for them to
was held that the trial court, in weighing all the fight back against the attackers. The attack also
evidence on hand, found the testimonies of the happened in less than a minute, which would
witnesses for the prosecution to be credible. Slight preclude any possibility of the bystanders being
inconsistencies in their statements were immaterial able to help them until after the incident.
considering the swiftness of the incident. The swiftness and the suddenness of the attack
Evidence as part of the res gestae may gave no opportunity for the victims to retaliate or
be admissible but have little persuasive value in even to defend themselves. Treachery, therefore,
this case was present in this case.

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9. People v. Morilla, G.R. No. 189833, 5 of a felony and decide to commit it. To determine
February 2014 conspiracy, there must be a common design to
FACTS: During a checkpoint, Mayor Mitra, Willie commit a felony.
Yang and Ruel Dequilla were caught illegally Morilla’s argument that the mere act of driving the
transporting methamphetamine hydrochloride by ambulance on the date he was apprehended is not
means of two (2) motor vehicles, namely a Starex sufficient to prove that he was part of a syndicated
van with commemorative plate to read "Mayor" group involved in the illegal transportation of
and a municipal ambulance. dangerous drugs is misplaced.
During the trial, Mayor Mitra argued that he In conspiracy, it need not be shown that the parties
was without any knowledge of the contents of the actually came together and agreed in express terms
sacks and explained that he only accommodated to enter into and pursue a common design. The
the request of a certain Ben Tan because the latter assent of the minds may be and, from the secrecy
bought his fishing boat. Likewise, Morilla insisted of the crime, usually inferred from proof of facts
that he thought what he was transporting were and circumstances which, taken together, indicate
wooden tiles and electronic spare parts together that they are parts of some complete whole. In this
with Dequilla. The other passenger of the case, the totality of the factual circumstances leads
ambulance, Yang, in his defense, did not bother to to a conclusion that Morilla conspired with Mayor
inquire about the contents of the vehicle as he was Mitra in a common desire to transport the
merely an accommodated passenger of the dangerous drugs. Both vehicles loaded with several
ambulance. sacks of dangerous drugs, were on convoy from
Quezon to Manila. If indeed he was not involved in
ISSUES: conspiracy with Mayor Mitra, he would not have
1) Whether or not intent or knowledge is material told the police officers that he was with the mayor.
in determining the culpability of an accused in drug
cases (NO) 10. People v. Bokingco, G.R. No. 187536, 10
2) Whether or not the finding of conspiracy is August 2011
correct (YES) Ponente: Associate Justice Jose Portugal Perez
Doctrine:
HELD: FACTS: Noli and Elsa Pasion were an owner of a
pawnshop and a two-row apartment in Angeles
1) NO, intent or knowledge is not material in City, Pampanga.
determining the culpability of an accused in drug In the midnight of February 2000, Dante Vitaliano
cases. saw Michael Bokingco hitting something on the
The very act of transporting methamphetamine floor. He headed on his apartment unit and there
hydrochloride is malum prohibitum since it is he discovered that it was Noli Pasion, his brother-
punished as an offense under a special law. Morilla in-law, that was hit by Bokingco. Upon seeing him,
and Mayor Mitra were caught in flagrante delicto in Bokingco ran towards him and attacked him with a
the act of transporting the dangerous drugs on hammer. Vitaliano managed to push him away and
board their vehicles. "Transport" as used under the proceeded to Pasion’s house to inform Elsa, Noli’s
Dangerous Drugs Act means "to carry or convey wife, that his husband was already dead.
from one place to another." It was well established Meanwhile, Elsa also heard the commotion while
during trial that Morilla was driving the ambulance she was in the master’s bedroom. She immediately
following the lead of Mayor Mitra, who was driving went down to check what was happenning but
a Starex van going to Manila. The fact of before reaching the kitchen, she was blocked by co-
transportation of the sacks containing dangerous accused Reynante Col. She asked Col why he was in
drugs need not be accompanied by proof of their house but he refused to answer, instead, he
criminal intent, motive or knowledge. sprayed tear gas on Elsa’s eyes. Col instructed her
to open the vault of their pawnshop but she told
2) YES, the finding of conspiracy is correct. him that she doesn’t know the combination lock.
The finding of conspiracy by both courts is correct. He then proceeded to drag her in the back door.
A conspiracy exists when two or more persons Before they reached the door, Bokingco openned
come to an agreement concerning the commission the screen door and shouted “tara na, patay na

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MODULE 4 – CRIM 1 – ATTY JUANICO
s’ya!” Col immediately let her go and ran away with Pasion because of his pent-up anger, Col was
Bokingco. attempting to rob the pawnshop.
Later, Vitaliano and Elsa discovered Noli lying on Appellant Reynante Col is ACQUITTED on ground of
the floor, bathing with his own blood. Necropsy reasonable doubt. Appellant Michael Bokingco is
reported that Noli suffered 29 injuries, and that the found GUILTY beyond reasonable doubt of the
injuries sustained by Noli on his skull was the cause crime of Homicide. He is hereby sentenced to suffer
of his death. the penalty of six years (6) and one (1) day of
Prosecution filed a case against Bokingco and Col. prision mayor as minimum to 14 years, eight (8)
RTC found them guilty of murder and sentenced months and one (1) day of reclusion temporal, as
them to suffer the penalty of death. CA affirmed maximum.
the decision but reduced the sentence to life
imprisonment without parole. 11. Fernan v. People, G.R. No. 145927, 24
Appellant sought reversal to the decision August 2007
contending that Col is not guilty of conspiring with “CONSPIRACY: INFAMOUS 86 MILLION HIGHWAY
Bokingco. SCAM”
ISSUE: WON Col is guilty of murder as co- Facts:
conspirator. COA Regional Director solicited for the
RULING. NO. Indeed, in order to convict Col as a authentication and report on the sub-allotment
principal by direct participation in the case before advises issued to highway engineering districts in
us, it is necessary that conspiracy between him and Cebu particularly Cebu City, Cebu 1st, Cebu 2nd and
Bokingco be proved. Conspiracy exists when two or Mandaue City Highway Engineering Districts.
more persons come to an agreement to commit an Apparently, the two sets of LAA’s were received by
unlawful act. It may be inferred from the conduct of the districts. One set consists of regular LAA’s in
the accused before, during, and after the authenticated and normally processed manner
commission of the crime. Conspiracy may be while the other set consists of fake LAA’s all of
deduced from the mode and manner in which the these were approved for the Finance Officer by
offense was perpetrated or inferred from the acts Chief Accountant Rolando Mangubat. Mangubat,
of the accused evincing a joint or common purpose however, had no authority to approve them
and design, concerted action, and community of because he had already been detailed to the MPH
interest. Unity of purpose and unity in the Central Office. It was found out that the practice of
execution of the unlawful objective are essential to using fake LAA’s had been going on for years.
establish the existence of conspiracy. Four of the accused hatched an ingenious
Based on these acts alone, it cannot be logically plan to siphon off large sums of money from the
inferred that Col conspired with Bokingco in killing government coffers using fake LAA’s, vouchers and
Pasion. At the most, Col’s actuations can be other documents to conceal the traces.
equated to attempted robbery, which was actually The anti-graft court has found the case has
the initial information filed against appellants merit and that Fernan Jr. and Expedito Torrevilas
before it was amended, on motion of the along with the other accused guilty as co-principals
prosecution, for murder. in the crime of Estafa through falsification of Public
Elsa testified that she heard Bokingco call out to Col Documents as defined and penalized in Articles 318
that Pasion had been killed and that they had to and 171, in relation to Article 48 of the Revised
leave the place. This does not prove that they acted Penal code, and there being no modifying
in concert towards the consummation of the crime. circumstances in attendance, sentenced each of
It only proves, at best, that there were two crimes them to imprisonment and payment of the
committed simultaneously and they were united in penalties.
their efforts to escape from the crimes they Issue:
separately committed. Whether or not the honourable
Their acts did not reveal a unity of purpose that is sandiiganbayan erred in convicting petitioners as
to kill Pasion. Bokingco had already killed Pasion co-conspirators despite the prosecution’s failure to
even before he sought Col. Their moves were not specifically prove beyond reasonable doubt the
coordinated because while Bokingco was killing facts and circumstances that would implicate them
as co-conspirators and justify their conviction.

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Ruling: positions, authority, relationships, connections or
No. The Sandigan Bayan has accurately influence, conniving, conspiring and confederating
ruled on conviction of the petitioners as co- with one another, did then and there willfully,
conspirators in spite of the prosecution’s failure to unlawfully and criminally amass, accumulate and/or
prove such. The court explained why direct proof of acquire, directly or indirectly, ill-gotten wealth in
prior agreement is not necessary: “Secrecy and the aggregate amount or total value of
concealment are essential features of a successful PHP365,997,915.00, more or less, [by raiding the
conspiracy. It may be inferred from the conduct of public treasury].
the accused before, during and after the Thereafter, accused GMA and Aguas separately
commission of the crime, showing that they had filed their respective petitions for bail which were
acted with a common purpose and design. denied by the Sandiganbayan on the ground that
Conspiracy may be implied if it is proved that two the evidence of guilt against them was strong.
or more persons aimed their acts toward the After the Prosecution rested its case, accused GMA
accomplishment of the same unlawful object, each and Aguas then separately filed their demurrers to
doing a part so that their combined acts, though evidence asserting that the Prosecution did not
apparently independent of each other, were in fact, establish a case for plunder against them. The same
connected and cooperative, which indicates were denied by the Sandiganbayan, holding that
closeness of personal association and concurrence there was sufficient evidence to show that they had
of sentiment. To hold an accused guilty as a co- conspired to commit plunder. After the respective
principal by reason of conspiracy, he must have motions for reconsideration filed by GMA and
shown to have performed a concerted act to the Aguas were likewise denied by the Sandiganbayan,
furtherance of the common design and purpose. they filed their respective petitions for certiorari.
ISSUES:
12. Gloria Macapagal-Arroyo v. People, G.R. Procedural:
No. 220598, 19 July 2016 1. Whether or not the special civil action
for certiorari is proper to assail the denial of
Bersamin, J: the demurrers to evidence.
FACTS: Substantive:
The Court resolves the consolidated petitions 1. Whether or not the State
for certiorari separately filed by former President sufficiently established the existence of
Gloria Macapagal-Arroyo and Philippine Charity conspiracy among GMA, Aguas, and Uriarte
Sweepstakes Office (PCSO) Budget and Accounts ;
Manager Benigno B. Aguas. 2. Whether or not the State sufficiently
On July 10, 2012, the Ombudsman charged in the established all the elements of the crime of
Sandiganbayan former President Gloria Macapagal- plunder: (a) Was there evidence of
Arroyo (GMA) and PCSO Budget and Accounts amassing, accumulating or acquiring ill-
Manager Aguas (and some other officials of PCSO gotten wealth in the total amount of not
and Commission on Audit whose charges were later less than P50,000,000.00? (b) Was the
dismissed by the Sandiganbayan after their predicate act of raiding the public treasury
respective demurrers to evidence were granted, alleged in the information proved by the
except for Uriarte and Valdes who were at large) for Prosecution?
conspiracy to commit plunder, as defined by, and RULING:
penalized under Section 2 (b) of Republic Act (R.A.) Re procedural issue:
No. 7080, as amended by R.A. No. 7659. The special civil action for certiorari is generally not
The information reads: That during the period from proper to assail such an interlocutory order issued
January 2008 to June 2010 or sometime prior or by the trial court because of the availability of
subsequent thereto xxx accused Gloria Macapagal- another remedy in the ordinary course of law.
Arroyo, the then President of the Philippines xxx Moreover, Section 23, Rule 119 of the Rules of
Benigno Aguas, then PCSO Budget and Accounts Court expressly provides that “the order denying
Manager, all public officers committing the offense the motion for leave of court to file demurrer to
in relation to their respective offices and taking evidence or the demurrer itself shall not be
undue advantage of their respective official reviewable by appeal or by certiorari before

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judgment.” It is not an insuperable obstacle to this information alleges conspiracy either: (1) with the
action, however, that the denial of the demurrers use of the word conspire, or its derivatives or
to evidence of the petitioners was an interlocutory synonyms, such as confederate, connive, collude,
order that did not terminate the proceedings, and etc; or (2) by allegations of the basic facts
the proper recourse of the demurring accused was constituting the conspiracy in a manner that a
to go to trial, and that in case of their conviction person of common understanding would know
they may then appeal the conviction, and assign the what is being conveyed, and with such precision as
denial as among the errors to be reviewed. Indeed, would enable the accused to competently enter a
it is doctrinal that the situations in which the writ plea to a subsequent indictment based on the same
of certiorari may issue should not be limited, facts. We are not talking about the sufficiency of
because to do so “x x x would be to destroy its the information as to the allegation of conspiracy,
comprehensiveness and usefulness. So wide is the however, but rather the identification of the main
discretion of the court that authority is not wanting plunderer sought to be prosecuted under R.A. No.
to show that certiorari is more discretionary than 7080 as an element of the crime of plunder. Such
either prohibition or mandamus. In the exercise of identification of the main plunderer was not only
our superintending control over other courts, we necessary because the law required such
are to be guided by all the circumstances of each identification, but also because it was essential in
particular case ‘as the ends of justice may require.’ safeguarding the rights of all of the accused to be
So it is that the writ will be granted where properly informed of the charges they were being
necessary to prevent a substantial wrong or to do made answerable for. The main purpose of
substantial justice.” requiring the various elements of the crime charged
The exercise of this power to correct grave abuse to be set out in the information is to enable all the
of discretion amounting to lack or excess of accused to suitably prepare their defense because
jurisdiction on the part of any branch or they are presumed to have no independent
instrumentality of the Government cannot be knowledge of the facts that constituted the offense
thwarted by rules of procedure to the contrary charged.
or for the sake of the convenience of one side. This Despite the silence of the information on who the
is because the Court has the bounden main plunderer or the mastermind was, the
constitutional duty to strike down grave abuse of Sandiganbayan readily condemned GMA in its
discretion whenever and wherever it is resolution dated September 10, 2015 as the
committed. Thus, notwithstanding the mastermind despite the absence of the specific
interlocutory character and effect of the denial of allegation in the information to that effect. Even
the demurrers to evidence, the petitioners as the worse, there was no evidence that substantiated
accused could avail themselves of the remedy such sweeping generalization.
of certiorari when the denial was tainted with In fine, the Prosecution’s failure to properly allege
grave abuse of discretion. the main plunderer should be fatal to the cause of
Re first substantive issue: The Prosecution did not the State against the petitioners for violating the
properly allege and prove the existence of rights of each accused to be informed of the
conspiracy among GMA, Aguas and Uriarte. charges against each of them.
A perusal of the information suggests that what Re second substantive issues:
the Prosecution sought to show was an implied (a) No proof of amassing, or accumulating, or
conspiracy to commit plunder among all of the acquiring ill-gotten wealth of at least Php50
accused on the basis of their collective actions prior Million was adduced against GMA and Aguas.
to, during and after the implied agreement. It is The corpus delicti of plunder is the amassment,
notable that the Prosecution did not allege that the accumulation or acquisition of ill-gotten wealth
conspiracy among all of the accused was by express valued at not less than Php50,000,000.00. The
agreement, or was a wheel conspiracy or a chain failure to establish the corpus delicti should lead to
conspiracy. the dismissal of the criminal prosecution.
We are not unmindful of the holding in Estrada v. As regards the element that the public officer
Sandiganabayan [G.R. No. 148965, February 26, must have amassed, accumulated or acquired ill-
2002, 377 SCRA 538, 556] to the effect that an gotten wealth worth at least P50,000,000.00, the
information alleging conspiracy is sufficient if the Prosecution adduced no evidence showing that

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either GMA or Aguas or even Uriarte, for that treasury requires the raider to use the property
matter, had amassed, accumulated or acquired ill- taken impliedly for his personal benefit.
gotten wealth of any amount. There was also no As a result, not only did the Prosecution fail to show
evidence, testimonial or otherwise, presented by where the money went but, more importantly, that
the Prosecution showing even the remotest GMA and Aguas had personally benefited from the
possibility that the CIFs [Confidential/Intelligence same. Hence, the Prosecution did not prove the
Funds] of the PCSO had been diverted to either predicate act of raids on the public treasury beyond
GMA or Aguas, or Uriarte. reasonable doubt.
(b) The Prosecution failed to prove the predicate WHEREFORE, the Court GRANTS the petitions for
act of raiding the public treasury (under Section 2 certiorari; ANNULS and SETS ASIDE the resolutions
(b) of Republic Act (R.A.) No. 7080, as amended) issued in Criminal Case No. SB-12-CRM-0174 by the
To discern the proper import of the phrase raids on Sandiganbayan on April 6, 2015 and September 10,
the public treasury, the key is to look at the 2015; GRANTS the petitioners’ respective
accompanying words: misappropriation, conversion, demurrers to evidence; DISMISSES Criminal Case
misuse or malversation of public funds [See Sec. 1(d) No. SB-12-CRM-0174 as to the petitioners GLORIA
of RA 7080]. This process is conformable with the MACAPAGAL-ARROYO and BENIGNO AGUAS for
maxim of statutory construction noscitur a sociis, by insufficiency of evidence; ORDERS the immediate
which the correct construction of a particular word release from detention of said petitioners; and
or phrase that is ambiguous in itself or is equally MAKES no pronouncements on costs of suit.
susceptible of various meanings may be made by
considering the company of the words in which the 13. Go-Tan v. Tan, G.R. No. 168852, September
word or phrase is found or with which it is 30, 2008
associated. Verily, a word or phrase in a statute is
always used in association with other words or Subject Matter: Applicability of the doctrine of
phrases, and its meaning may, therefore, be conspiracy under the Revised Penal Code to R.A.
modified or restricted by the latter. 9262 (Anti-Violence Against Women and Children
To convert connotes the act of using or disposing of Act of 2004)
another’s property as if it were one’s own;
to misappropriate means to own, to take something Facts:
for one’s own benefit; misuse means “a good, On April 18, 1999, Sharica Mari Go-Tan and Steven
substance, privilege, or right used improperly, Tan were married. Out of this union, two female
unforeseeably, or not as intended;” children were born, Kyra Danielle and Kristen
and malversation occurs when “any public officer Denise. On January 12, 2005, barely six years into
who, by reason of the duties of his office, is the marriage, petitioner Go-Tan filed a petition with
accountable for public funds or property, shall prayer for the issuance of a Temporary Protective
appropriate the same or shall take or Order (TPO) against Steven, in conspiracy with
misappropriate or shall consent, through respondents, were causing verbal, psychological,
abandonment or negligence, shall permit any other and economic abuses upon her in violation of
person to take such public funds, or property, Section 5, paragraphs (e) (2) (3) (4), (h) (5) and (i) of
wholly or partially.” The common thread that binds Republic Act No. 9262.
all the four terms together is that the public officer Issue:
used the property taken. Considering that raids on Whether or not respondents-spouses, Perfecto and
the public treasury is in the company of the four Juanita, parents-in-law of Sharica, may be included
other terms that require the use of the property in the petition for the issuance of a protective
taken, the phrase raids on the public order, in accordance with RA 9262.
treasury similarly requires such use of the property
taken. Accordingly, the Sandiganbayan gravely Held:
erred in contending that the mere accumulation Yes, the Court ruled in favor of the petitioner. While
and gathering constituted the forbidden act of raids the provisions of RA 9262 provides that the
on the public treasury. Pursuant to the maxim offender be ralted or connected to the victim by
of noscitur a sociis, raids on the public marriage, former marriage, or a sexual or dating
relationship, it does not preclude the application of

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the principle of conspiracy under the RPC. In Verified Motion for Reconsideration. The RTC
Section 47 of RA 9262, it has expressly provides for reasoned that to include respondents under the
the suppletory application of the RPC. Hence, legal coverage of R.A. No. 9262 would be a strained
principles developed from the Penal Code may be interpretation of the provisions of the law.
applied in a supplementary capacity to crimes Issues:
punished under special laws, such as RA 9262 in WHETHER OR NOT RESPONDENTS-SPOUSES
which the special law is silent on a particular PERFECTO & JUANITA, PARENTS-IN-LAW OF
matter. SHARICA, MAY BE INCLUDED IN THE PETITION FOR
Facts: THE ISSUANCE OF A PROTECTIVE ORDER, IN
On April 18, 1999, Sharica Mari L. Go-Tan ACCORDANCE WITH REPUBLIC ACT NO. 9262,
(petitioner) and Steven L. Tan (Steven) were OTHERWISE KNOWN AS THE "ANTI-VIOLENCE
married AGAINST WOMEN AND THEIR CHILDREN ACT OF
Kyra Danielle[4] and Kristen Denise. 2004".
On January 12, 2005,... barely six years into the Ruling:
marriage, petitioner filed a Petition with Prayer for The Court rules in favor of the petitioner.
the Issuance of a Temporary Protective Order While the said provision provides that the offender
(TPO)[6] against Steven and her parents-in-law, be related or connected to the victim by marriage,
Spouses Perfecto C. Tan and Juanita L. Tan former marriage, or a sexual or dating relationship,
(respondents) before the RTC. She alleged... that it does not preclude the application of the principle
Steven, in conspiracy with respondents, were of conspiracy under the RPC.
causing verbal, psychological and economic abuses Considering the Court's ruling that the principle of
upon her conspiracy may be applied suppletorily to R.A. No.
On January 25, 2005, the RTC issued an 9262, the Court will no longer delve on whether
Order/Notice[9] granting petitioner's prayer for a respondents may be considered indispensable or
TPO. necessary parties. To do so would be an exercise in
On February 7, 2005, respondents filed a Motion to superfluity.
Dismiss with Opposition to the Issuance of WHEREFORE, the instant petition is GRANTED. The
Permanent Protection Order Ad Cautelam and assailed Resolutions dated March 7, 2005 and July
Comment on the Petition,[10] contending that the 11, 2005 of the Regional Trial Court, Branch 94,
RTC lacked jurisdiction over their persons since, Quezon City in Civil Case No. Q-05-54536 are
as... parents-in-law of the petitioner, they were not hereby PARTLY REVERSED and SET ASIDE insofar as
covered by R.A. No. 9262. the... dismissal of the petition against respondents
On February 28, 2005, petitioner filed a Comment is concerned.
on Opposition[11] to respondents' Motion to
Dismiss arguing that respondents were covered by 14. Republic Act No. 10951
R.A. No. 9262 under a liberal interpretation thereof An Act Adjusting the Amount or the Value of
aimed at promoting the protection and safety of Property and Damage on Which a Penalty is Based
victims of... violence. and the Fines Imposed Under the Revised Penal
On March 7, 2005, the RTC issued a Resolution[12] Code, Amending for the Purpose Act No. 3815,
dismissing the case as to respondents on the Otherwise Known as "The Revised Penal Code", as
ground that, being the parents-in-law of the Amended
petitioner, they were not included/covered as
respondents under R.A. No. 9262 under the well-
known rule of law
"expressio unius est exclusio alterius."
On March 16, 2005, petitioner filed her Verified
Motion for Reconsideration
On April 8, 2005, respondents filed their Comment
on the Verified Motion for Reconsideration
On July 11, 2005, the RTC issued a Resolution[16]
denying petitioner's

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