CRIMINAL LAW I allegations necessary to support the charge for violation of

Section 10(g) and (j), in relation to Section 45(j) of Republic Act

ART 1-10 No. 8189.
CASE DIGESTS Petitioners cannot be said to have been denied due process on
the claim that the election offenses charged against them by
MAGNO v CA private respondent are entirely different from those for which
they stand to be accused of before the RTC, as charged by the
FACTS:
COMELEC. In the first place, there appears to be no
Oriel Magno, lacking fund in acquiring complete set of
incongruity between the charges as contained in the
equipment to make his car repair shop operational,
Complaint-Affidavit and the Informations filed before the RTC,
approached Corazon Teng, Vice President of Mancor
notwithstanding the denomination by private respondent of the
Industries. VP Teng referred Magno to LS Finance and
alleged violations to be covered by Section 261(y)(2) and
Management Corporation, advising its Vice President, Joey
Section 261(y)(5) of the Omnibus Election Code and Section
Gomez, that Mancor was willing to supply the pieces of
12 of Republic Act No. 8189. Evidently, the Informations
equipment needed if LS Finance could accommodate Magno
directed to be filed by the COMELEC against petitioners, and
and and provide him credit facilities. The arrangement went on
which were, in fact, filed with the RTC, were based on the
requiring Magno to pay 30% of the total amount of the
same set of facts as originally alleged in the private
equipment as warranty deposit but Magno couldn't afford to
respondent’s Complaint-Affidavit.
pay so he requested VP Gomez to look for Without Magno's
knowledge, Corazon was the one who provided that amount. In Lacson, we underscored the elementary rule that the
As payment to the equipment, Magno issued six checks, two of jurisdiction of a court is determined by the allegations in the
them were cleared and the rest had no sufficient fund. Because Complaint or Information, and not by the evidence presented
of the unsuccessful venture, Magno failed to pay LS Finance by the parties at the trial. Indeed, in Lacson, we articulated that
which then pulled out the equipment. Magno was charged of the real nature of the criminal charge is determined NOT from
violation of BP Blg. 2 (The Bouncing Checks Law) and found the caption or preamble of the Information nor from the
guilty. specification of the provision of law alleged to have been
  violated, they being conclusions of law, but by the actual recital
ISSUE: Whether or not Magno should be punished for the of facts in the Complaint or Information.
issuance of the checks in question.
  Petitioners’ reliance on Lacson, however, does not support
HELD: No. To charge Magno for the refund of a warranty their claim of lack of due process because, as we have said,
deposit which he did not withdraw as it was not his own the charges contained in private respondent’s Complaint-
account, it having remained with LS Finance, is to even make Affidavit and the charges as directed by the COMELEC to be
him pay an unjust debt since he did not receive the amount in filed are based on the same set of facts. In fact, the nature of
question. All the while, said amount was in the safekeeping of the criminal charges in private respondent’s Complaint-Affidavit
the financing company which is managed by the officials and and that of the charges contained in the Informations filed with
employees of LS Finance. the RTC, pursuant to the COMELEC Resolution En Banc are
the same, such that, petitioners cannot claim that they were not
able to refute or submit documentary evidence against the
ROMUALDEZ v COMELEC charges that the COMELEC filed with the RTC. Petitioners
were afforded due process because they were granted the
Facts:
opportunity to refute the allegations in private respondent’s
                Garay and Apostol filed a complaint against Sps. Complaint-Affidavit. On 2 April 2001, in opposition to the
Romualdez for violation of the OEC and RA 8189 or Voter’s Complaint-Affidavit, petitioners filed a Joint Counter-Affidavit
Registration Act of 1996 for making false information as to their with Motion to Dismiss with the Law Department of the
residence in their applications as new voters in Burauen, Leyte. COMELEC. They similarly filed a Memorandum before the said
body. Finding that due process was not dispensed with under
                The Complaint-Affidavit contained a prayer that a the circumstances in the case at bar, we agree with the stance
preliminary investigation be conducted by the COMELEC, and of the Office of the Solicitor General that petitioners were
if the evidence so warrants, the corresponding Information reasonably apprised of the nature and description of the
against petitioners be filed before the Regional Trial Court charges against them. It likewise bears stressing that
(RTC) for the prosecution of the same. preliminary investigations were conducted whereby petitioners
were informed of the complaint and of the evidence submitted
                Sps. Romualdez contend that they intend to reside in against them. They were given the opportunity to adduce
Burauen, Leyte since 1989. On May 2000, they took actual controverting evidence for their defense. In all these stages,
residence in Burauen by leasing for 5 years the house of petitioners actively participated. 
Renomeron.

The Complaint-Affidavit contained a prayer that a preliminary

investigation be conducted by the COMELEC, and if the PEOPLE V DACUYCUY
evidence so warrants, the corresponding Information against
petitioners be filed before the Regional Trial Court (RTC) for Facts:
the prosecution of the same.
On April 4, 1975, private respondents Celestino S. Matondo,
Issue: WON due process was violated. Segundino A. Caval, and Cirilio M. Zanoria, public school
officials from Leyte were charged before the Municipal Court of
Held: No. Hindang, Leyte for violating Republic Act No. 4670 (Magna
Carta for Public School Teachers). The respondents pleaded
First, the Complaint-Affidavit filed by private respondent with not guilty and petitioned for certeriori and prohibition with
the COMELEC is couched in a language which embraces the
preliminary injuction before the Court of First Instance of Leyte, Scalzo subsequently filed a motion to dismiss the complaint on
Branch VII alleging that: the ground that, being a special agent of the United States
Drug Enforcement Administration, he was entitled to
a. The Municipal Court of Hindang has no jurisdiction over the diplomatic immunity. He attached to his motion Diplomatic Note
case due to the correctional nature of the penalty of of the United States Embassy addressed to DOJ of the
imprisonment (as state in Sec. 32 of R.A. No. 4670) prescribed Philippines and a Certification of Vice Consul Donna
for the offense Woodward, certifying that the note is a true and faithful copy of
its original. Trial court denied the motion to dismiss.
b. Section 32 of R.A. No. 4670 is unconstitutional because, (1)
the term of imprisonment is unfixed and may run to reclusion ISSUE
perpetua; and (2) it constitutes an undue delegation of
legislative power, the duration of the penalty of imprisonment Whether or not Arthur Scalzo is indeed entitled to diplomatic
being solely left to the discretion of the court as if the latter immunity.
were the legislative department of the Government.

RULLING: YES.
On March 30, 1976, the petition was transferred to Branch IV
where the respondent Judge, Judge Dacuycuy ruled that R.A. A foreign agent, operating within a territory, can be cloaked
No. 4670 is valid and constitutional but cases for its violation with immunity from suit as long as it can be established that he
fall outside of the jurisdiction of municipal and city courts. is acting within the directives of the sending state.

Issue: The consent or imprimatur of the Philippine government to the

activities of the United States Drug Enforcement Agency,
Whether or not Repbulic Act No. 4670 is unconstitutional. however, can be gleaned from the undisputed facts in the
case.
Whether or not the municipal and city courts have jurisdiction
over the case. -The official exchanges of communication between agencies
of the government of the two countries

-Certifications from officials of both the Philippine

Held: Department of Foreign Affairs and the United States
Embassy
Yes, Republic Act No. 4760 is unconstitutional.
-Participation of members of the Philippine Narcotics
Section 32 violates the constitutional prohibition against undue Command in the “buy-bust operation” conducted at the
residence of Minucher at the behest of Scalzo
delegation of legislative power by vesting in the court the
responsibility of imposing a duration on the punishment of These may be inadequate to support the “diplomatic status” of
imprisonment, as if the courts were the legislative department the latter but they give enough indication that the Philippine
of the government. government has given its imprimatur, if not consent, to the
activities within Philippine territory of agent Scalzo of the
Yes, the municipal and city courts have jurisdiction over the
United States Drug Enforcement Agency.
case.
The job description of Scalzo has tasked him to conduct
Republic Act. No. 296, as amended by Republic Act No. 3828,
surveillance on suspected drug suppliers and, after having
considers crimes punishable by fine of not more than Php
ascertained the target, to inform local law enforcers who would
3,000.00 fall under the original jurisdiction of municipal courts.
then be expected to make the arrest.
Decision:
In conducting surveillance activities on Minucher, later acting
The decision and resolution of respondent Judge (Judge as the poseur-buyer during the buy-bust operation, and then
Dacuycuy) are hereby REVERSED and SET ASIDE. Criminal becoming a principal witness in the criminal case against
Case No. 555 filed against private respondents herein is Minucher,
hereby ordered to be remanded to the Municipal Trial Court of
Scalzo hardly can be said to have acted beyond the scope of
Hindang, Leyte for trial on the merits.
his official function or duties.
MINUCHER V SCALDO
LIANG v PEOPLE
Facts
FACTS:
Violation of the “Dangerous Drugs Act of 1972,” was filed
Petitioner is an economist working with the Asian Development
against Minucher following a “buy-bust operation” conducted
Bank (ADB). Sometime in 1994, for allegedly uttering
by Philippine police narcotic agents accompanied by Scalzo in
defamatory words against fellow ADB worker Joyce Cabal, he
the house of Minucher, an Iranian national, where heroin was
was charged before the MeTC of Mandaluyong City with two
said to have been seized. Minucher was later acquitted by the
counts of oral defamation. Petitioner was arrested by virtue of a
court.
warrant issued by the MeTC. After fixing petitioner’s bail, the
Minucher later on filed for damages due to trumped-up charges MeTC released him to the custody of the Security Officer of
of drug trafficking made by Arthur Scalzo. ADB. The next day, the MeTC judge received an “office of
protocol” from the DFA stating that petitioner is covered by
Scalzo on his counterclaims that he had acted in the discharge immunity from legal process under section 45 of the
of his official duties as being merely an agent of the Drug Agreement between the ADB and the Philippine Government
Enforcement Administration of the United States Department of regarding the Headquarters of the ADB in the country. Based
Justice. on the said protocol communication that petitioner is immune
from suit, the MeTC judge without notice to the prosecution The petitioners contend that even on the assumption that the
dismissed the criminal cases. The latter filed a motion for respondent expressly consented to a provisional dismissal of
reconsideration which was opposed by the DFA. When its Criminal Cases Nos. Q-99-81679 to Q-99-81689 and all the
motion was denied, the prosecution filed a petition for certiorari heirs of the victims were notified of the respondent's motion
and mandamus with the RTC of Pasig City which set aside the before the hearing thereon and were... served with copies of
MeTC rulings and ordered the latter court to enforce the the resolution of Judge Agnir, Jr. dismissing the eleven cases,
warrant of arrest it earlier issued. After the motion for the two-year bar in Section 8 of Rule 117 of the Revised Rules
reconsideration was denied, the petitioner elevated the case to of Criminal Procedure should be applied prospectively and not
the SC via a petition for review arguing that he is covered by retroactively against the State. To apply the time limit...
immunity under the Agreement and that no preliminary retroactively to the criminal cases against the respondent and
investigation was held before the criminal case. his co-accused would violate the right of the People to due
process, and unduly impair, reduce, and diminish the State's
ISSUES: substantive right to prosecute the accused for multiple murder.
(1) Whether or not the petitioner’s case is covered with They submit that in case of conflict between the Revised Penal
immunity from legal process with regard to Section 45 of the Code and the new rule, the former should prevail. They also
Agreement between the ADB and the Philippine Gov’t. insist that the State had consistently relied on the prescriptive...
periods under Article 90 of the Revised Penal Code. It was not
(2) Whether or not the conduct of preliminary investigation
accorded a fair warning that it would forever be barred beyond
was imperative.
the two-year period by a retroactive application of the new rule.
HELD:
For his part, the respondent asserts that the new rule under
(1) NO. The petitioner’s case is not covered by the immunity. Section 8 of Rule 117 of the Revised Rules of Criminal
Courts cannot blindly adhere to the communication from the Procedure may be applied retroactively since there is no
DFA that the petitioner is covered by any immunity. It has no substantive right of the State that may be impaired by its
binding effect in courts. The court needs to protect the right to application to the criminal cases in question... since '[t]he
due process not only of the accused but also of the State's witnesses were ready, willing and able to provide their
prosecution. Secondly, the immunity under Section 45 of the testimony but the prosecution failed to act on these cases until
Agreement is not absolute, but subject to the exception that the it became politically expedient in April 2001 for them to do
acts must be done in “official capacity”. Hence, slandering a so.'[29] According to the respondent, penal laws,... either
person could not possibly be covered by the immunity procedural or substantive, may be retroactively applied so long
agreement because our laws do not allow the commission of a as they favor the accused.[30] He asserts that the two-year
crime, such as defamation, in the name of official duty. period commenced to run on March 29, 1999 and lapsed two
years thereafter was more than reasonable opportunity for the
(2) NO. Preliminary Investigation is not a matter of right in State... to fairly indict him.[31] In any event, the State is given
cases cognizable by the MeTC such as this case. Being purely the right under the Court's assailed Resolution to justify the
a statutory right, preliminary investigation may be invoked only filing of the Information in Criminal Cases Nos. 01-101102 to
when specifically granted by law. The rule on criminal 01-101112 beyond the time-bar under the new rule.
procedure is clear that no preliminary investigation is required
in cases falling within the jurisdiction of the MeTC. The Court agrees with the respondent that procedural laws
may be applied retroactively. As applied to criminal law,
PEOPLE V LACSON procedural law provides or regulates the steps by which one
who has committed a crime is to be punished. further
Facts:
It further ruled therein that a procedural law may not be applied
the respondent and his co-accused were charged with multiple retroactively if to do so would work injustice or would involve
murder for the shooting and killing of eleven male person... intricate problems of due process or impair the independence
bandied as members of the Kuratong Baleleng Gang. of the Court.
The Court also held therein that although Section 8, Rule 117 Remedial legislation, or procedural rule, or doctrine of the
of the Revised Rules of Criminal Procedure could be given Court designed to enhance and implement the constitutional
retroactive effect, there is still a need to determine whether the rights of parties in criminal proceedings may be applied
requirements for its... application are attendant. retroactively or prospectively depending upon several factors,
such as the history of the new rule,... its purpose and effect,
and whether the retrospective application will further its
It emphasized that the new rule fixes a time-bar to penalize the operation, the particular conduct sought to be remedied and
State for... its inexcusable delay in prosecuting cases already the effect thereon in the administration of justice and of criminal
filed in court laws in particular

In support of their Motion for Reconsideration, the petitioners Issues:

contend that (a) Section 8, Rule 117 of the Revised Rules of whether the 2-year period to revive it has already lapse...
Criminal Procedure is not applicable to Criminal Cases Nos. Q- whether there is any... justification for the filing of the cases
99-81679 to Q-99-81689; and (b) the time-bar in said rule beyond the 2-year period
should not be applied... retroactively.
Ruling:
The petitioners aver that Section 8, Rule 117 of the Revised
Rules of Criminal Procedure is not applicable to Criminal In this case, the Court agrees with the petitioners that the time-
Cases Nos. Q-99-81679 to Q-99-81689 because the essential bar of two years under the new rule should not be applied
requirements for its application were not present when Judge retroactively against the State.
Agnir, Jr., issued his resolution of March 29, 1999.
The Court agrees with the petitioners that to apply the time-bar whether the Petition for habeas corpus was validly granted
retroactively so that the two-year period commenced to run on
March 31, 1999 when the public prosecutor received his copy Ruling:
of the resolution of Judge Agnir, Jr. dismissing the criminal
The issue of retroactivity of SC-AC No. 12-2000 was settled in
cases is inconsistent with the... intendment of the new rule.
De Joya v. Jail Warden
Instead of giving the State two years to revive provisionally
dismissed cases, the State had considerably less than two
years to do so.
In the present case, the Petition for a writ of habeas corpus
If the Court applied the new time-bar retroactively, the State was anchored on the ruling in Vaca and on SC-AC No. 12-
would have only one year and three months or until March 31, 2000, which allegedly prescribed the imposition of a fine, not
2001 within which to revive these criminal cases. imprisonment, for convictions under BP 22.
The two-year period fixed in the new rule is for the benefit of Respondent sought the retroactive... effect of those rulings,
both the State and the accused. It should not be emasculated thereby effectively challenging the penalty imposed on him for
and reduced by an inordinate retroactive application of the being excessive.
time-bar therein provided merely to benefit the accused. For to
do so would cause an The following alternative penalties are imposable under BP 22:
(1) imprisonment of not less than 30 days, but not more than
"injustice of hardship" to the State and adversely affect the one year; (2) a fine of not less or more than double the amount
administration of justice in general and of criminal laws in of the check, a fine that shall in no case exceed P200,000; or
particular. (3) both such fine and... imprisonment, at the discretion of the
court

When the circumstances of the case clearly indicate good faith

the petitioners' Motion for Reconsideration is GRANTED.
or a clear mistake of fact... without taint of negligence, the
Principles: imposition of a fine alone may be considered as the preferred
penalty.
Section 8, Rule 117 of the Revised Rules of Criminal
Procedure reads: Should the... judge deem that imprisonment is appropriate,
such penalty may be imposed
Sec. 8. Provisional dismissal. A case shall not be provisionally
dismissed except with the express consent of the accused and SC-AC No. 12-2000 did not delete the alternative penalty of
with notice to the offended party. imprisonment. The competence to amend the law belongs to
the legislature, not to this Court.
In a per curiam... decision in Stefano v. Woods,[49] the United
States Supreme Court catalogued the factors in determining Petitioners argue that respondent is not entitled to the
whether a new rule or doctrine enunciated by the High Court benevolent policy enunciated in SC-AC No. 12-2000, because
should be given retrospective or prospective effect: he is not a "first time offender... t is the trial court's discretion to
impose any penalty within the confines of the law. SC-AC No.
"(a) the purpose to be served by the new standards, (b) the 13-2001 explains thus:... good faith or a clear mistake of fact...
extent of the reliance by law enforcement authorities on the old without taint of negligence, the imposition of a fine alone
standards, and (c) the effect on the administration of justice of should be considered as the more appropriate penalty.
a retroactive application of the new standards." Needless to say, the determination of whether the
circumstances warrant the imposition of a fine alone rests
GO v DIMAGIBA solely upon the Judge.
Facts: The Judges concerned, may in the exercise of sound
discretion, and taking into consideration the peculiar
Respondent Fernando L. Dimagiba issued to Petitioner Susan
circumstances of each case, determine whether the imposition
Go thirteen (13) checks which, when presented to the drawee
of a fine alone would best serve the interests of justice, or
bank for encashment or payment on the due dates, were
whether forbearing to impose imprisonment... would depreciate
dishonored for the reason "account closed.
the seriousness of the offense, work violence on the social
Dimagiba was subsequently prosecuted for 13 counts of order, or otherwise be contrary to the imperatives of justice
violation of BP 22
The Court notes that the Petition for a writ of habeas corpus
On February 27, 2001, Dimagiba filed a Motion for relied mainly on the alleged retroactivity of SC-AC No. 12-
Reconsideration of the MTCC Order. He prayed for the recall 2000, which supposedly favored BP 22 offenders
of the Order of Arrest and the modification of the final Decision,
The rule on retroactivity states that criminal laws may be
arguing that the penalty of fine only, instead of imprisonment
applied retroactively if favorable to the accused.
also, should have been imposed on... him.
SC Admin. Circular No. 12-2000 is not a penal law; hence,
The RTC held that this rule should be retroactively applied in
Article 22 of the Revised Penal Code is not applicable.
favor of Dimagiba.[23] It further noted that (1) he was a first-
time... offender and an employer of at least 200 workers who
would be displaced as a result of his imprisonment; and (2) the
civil liability had already been satisfied through the levy of his The circular applies only to those cases pending as of the
properties.[24]... questions of law date of its effectivity and not to cases already terminated
by final judgment.
Issues:
SC Admin. Circular No. 12-2000 merely lays down a rule of into the Philippine Islands, when the prohibited drug is found
preference in the application of the penalties for violation of under this person's control on a vessel which has come direct
B.P. Blg. 22. It does not amend B.P. Blg. 22, nor defeat the from a foreign country and is within the jurisdiction limits of the
legislative intent behind... Philippines, is guilty of the crime of illegal importation of opium,
unless contrary circumstances exist or the defense proves
In... other words, the Administrative Circular does not confer otherwise.
any new right in favor of the accused, much less those
convicted by final judgment. MIQUIABAS v COMMANDING GENERAL

Indeed, SC-AC No. 12-2000 necessarily requires a review FACTS: Miquiabas is a Filipino citizen and civilian employee of
of all factual circumstances of each case. Such a review the US army in the Philippines who had been charged of
can no longer be done if the judgment has become final disposing in the Port of Manila Area of things belonging to the
and executory. US army in violation of the 94th article of War of the US. He
was arrested and a General Court-Martial was appointed. He
Hence, RTC-Branch 5 did not have the jurisdiction to was found guilty. As a rule, the Philippines being a sovereign
modify the lawful judgment in the guise of granting a writ nation has jurisdiction over all offenses committed within its
of habeas corpus territory but it may, by treaty or by agreement, consent that the
US shall exercise jurisdiction over certain offenses committed
WHEREFORE, the Petition is GRANTED and the assailed
within said portions of territory.
Orders NULLIFIED.
ISSUES:
Respondent's Petition for habeas corpus is hereby DENIED.
1. Whether or not the offense has been committed within a US
Principles:
base thus giving the US jurisdiction over the case.
writ of habeas corpus... required the imposition of a fine only...
No. The Port of Manila Area where the offense was
if the accused was not a recidivist or a habitual delinquent.
committed is not within a US base for it is not names in Annex
The writ of habeas corpus applies to all cases of illegal A or B of Article XXVI of the Military Base Agreement (MBA)
confinement or detention in which individuals are deprived of and is merely part of the temporary quarters located within
liberty presented limits of the city of Manila. Moreover, extended
installations and temporary quarters are not considered to have
The writ may not be availed of when the person in custody is the same jurisdictional capacity as permanent bases and are
under a judicial process or by virtue of a valid judgment governed by Article XIII paragraphs 2 and 4. The offence at
bar, therefore is in the beyond the jurisdiction of military courts.
However, as a post-conviction remedy, it may be allowed
when, as a consequence of a judicial proceeding, any of the 2. WON the offender is a member of the US armed forces
following... exceptional circumstances is attendant: (1) there
has been a deprivation of a constitutional right resulting in the No. Under the MBA, a civilian employee is not
restraint of a person; (2) the court had no jurisdiction to impose considered as a member of the US armed forces. Even under
the sentence; or (3) the imposed penalty has been excessive, the articles of war, the mere fact that a civilian employee is in
thus voiding the... sentence as to such excess... it is merely... a the service of the US Army does not make him a member of
rule of preference as to which penalty should be imposed the armed forces.
under the peculiar circumstances of a case.
US v BULL
The law punishes the act not as an offense against property
Subject Matter: Applicability of Art. 2 of the Revised Penal
but an offense against public order."
Code
US v Ah Sing
Facts:
Facts:
On December 2, 1908, a steamship vessel engaged in the
Ah Sing is a fireman at the steamship Shun Chang, a foreign transport of animals named Stanford commanded by H.N. Bull
vessel which arrived in the port of Cebu from Saigon. He docked in the port of Manila, Philippines. It was found that said
bought 8 cans of opium in Saigon, brought them on board and vessel from Ampieng, Formosa carried 674 heads of cattle
had them in his possession during the said trip. The 8 cans of without providing appropriate shelter and proper suitable
opium were found in the ashes below the boiler of the means for securing the animals which resulted for most of the
steamer's engine by authorities who made a search upon animals to get hurt and others to have died while in transit.
anchoring on the port of Cebu. The defendant confessed that
This cruelty to animals is said to be contrary to Acts No. 55 and
he was the owner of the opium and that he had purchased it in
No. 275 of the Philippine Constitution. It is however contended
Saigon. He dis not confess, however, as to his purpose in
that cases cannot be filed because neither was it said that the
buying the opium. He did not say that it was his intention to
court sitting where the animals were disembarked would take
import the prohibited drug.
jurisdiction, nor did it say about ships not licensed under
Issue: Philippine laws, like the ships involved.

Whether or not the crime of illegal importation of opium into the Issue:
Philippine Islands is criminally liable in the Philippines.
Whether or not the court had jurisdiction over an offense
Held: committed on board a foreign ship while inside the territorial
waters of the Philippines.
Yes. As stated in the Opium Law, we expressly hold that any
person who unlawfully imports or brings any prohibited drug
Held: Issue:

Yes. When the vessel comes within 3 miles from the headlines Whether or not courts of local state can exercise its jurisdiction
which embrace the entrance of Manila Bay, the vessel is within over foreign vessels stationed in its port.
territorial waters and thus, the laws of the Philippines shall
apply. A crime committed on board a Norwegian merchant Held:
vessel sailing to the Philippines is within the jurisdiction of the
Yes. The Philippine courts have jurisdiction over the matter.
courts of the Philippines if the illegal conditions existed during
The mere possession of a thing of prohibited use in these
the time the ship was within the territorial waters - regardless of
Islands, aboard a foreign vessel in transit, in any of their ports,
the fact that the same conditions existed when the ship settled
does not, as a general rule, constitute a crime triable by the
from the foreign port and while it was on the high seas,
courts of this country, on account of such vessel being
In light of the above restriction, the defendant was found guilty considered as an extension of its own nationality. However, the
and sentenced to pay a fine of two hundred and fifty pesos with same rule does not apply when the article, whose use is
subsidiary imprisonment in case of insolvency, and to pay the prohibited within the Philippines, in the present case, a can of
costs. opium, is landed from the vessel upon the Philippine soil, thus
committing an open violation of the penal law in force at the
PEOPLE v WONG CHENG place of the commission of the crime. Only the court
established in the said place itself has competent jurisdiction,
Subject Matter: Applicability of Art. 2 of the Revised Penal in the absence of an agreement under an international treaty.
Code
PEOPLE v LOLO and SARAW
Facts:
Facts:
The appellant, in representation of the Attorney General, filed
an appeal that urges the revocation of a demurrer sustained by On June 30, 1920, sixer vintas intercepted two Dutch boats
the Court of First Instance of Manila presented by the which were on its way in the midst of the islands of Buang and
defendant. The defendant, accused of having illegally smoked Bukid in the Dutch East Indies. The six vintas were manned by
opium aboard the merchant vessel Changsa of English 24 armed Moros. The said Dutch boats were carrying men,
nationality while the said vessel was anchored in Manila Bay, women and children. At first, the Moros asked for food. But
two and a half miles from the shores of the city. In the said when they got on the Dutch boats, they asked for themselves
demurrer, the defendant contended the lack of jurisdiction of all the vessel’s cargo, attacked nearly all of the men and
the lower court of the said crime, which resulted to the brutally violated two of the women by methods too tremendous
dismissal of the case. to be described. All of the persons on the Dutch boat, except
the two young women, were again placed on it and holes were
Issue: made in it, the idea that it would submerge. The Moros finally
arrived at Maruro, a Dutch possession. Two of the Moro
Whether or not the Philippine courts have jurisdiction over the
marauders were Lol-lo, who also raped one of the women, and
crime committed aboard merchant vessels anchored in our
Saraw. At Maruro, the two women were able to escape.
jurisdictional waters.
Lol-lo and Saraw later returned to their home in South Ubian,
Held:
Tawi-Tawi, Sulu. They were arrested there and were charged
Yes. The crime in the case at bar was committed in our internal in the Court of First Instance of Sulu with the crime of piracy.
waters thus the Philippine courts have a right of jurisdiction
Issue:
over the said offense. The Court said that having the opium
smoked within our territorial waters even though aboard a Whether or not Philippine courts have jurisdiction over the
foreign merchant ship is a breach of the public order because it crime of piracy alleged in this case.
causes such drugs to produce pernicious effects within our
territory. Therefore, the demurrer is revoked and the Court Held:
ordered further proceedings.
Yes, the Philippine courts have jurisdiction on the case. Piracy
PEOPLE v LOOK CHOW is a villainy not against any particular state but against all
mankind. It should be tried and punished in the sufficient
Facts: tribunal of any country where the offender may be found or into
which he may be carried. The jurisdiction of piracy, unlike all
Between 11 and 12 o'clock a.m. in August 19, 1909, the Port of
other crimes, has no territorial limits.
Cebu and internal revenue agent of Cebu, respectively, went
aboard the steamship Erroll to inspect and search its cargo, PEOPLE v AH CHONG
and found two sacks containing opium. The defendant stated
freely and voluntarily that he had bought these sacks of opium FACTS:
in Hong Kong with the intention of selling them as contraband
in Mexico or Vera Cruz, and that as his hold had already been • August 14, 1908 About 10 pm: Ah Chong, a cook was
searched several times for opium he ordered two other suddenly awakened by some trying to force open the door of
chinamen to keep the sack. All the evidence found properly the room. He sat up in bed and called out twice, "Who is
constitutes corpus delicti. there?" He heard no answer and was convinced by the noise
at the door that it was being pushed open by someone bent
upon forcing his way into the room. The defendant, fearing
that the intruder was a robber or a thief, leaped to his feet and
It was established that the steamship Erroll was of English called out. "If you enter the room, I will kill you." At that moment
nationality, that it came from Hong Kong, and that it was bound he was struck just above the knee by the edge of the chair
for Mexico, via the call ports in Manila and Cebu. (thought to be an unlawful aggression) which had been placed
against the door. Seizing a common kitchen knife which he or recklessness or even carelessness in falling into his mistake
kept under his pillow, the defendant struck out wildly at the as to the facts, or in the means adopted by him to defend
intruder who, it afterwards turned out, was his roommate, himself from the imminent danger which he believe threatened
Pascual who is a house boy or muchacho who in the spirit of his person and his property and the property under his charge.
mischief was playing a trick on him
PEOPLE v OANIS
• Seeing that Pascual was wounded, he called to his
employers and ran back to his room to secure bandages to FACTS:
bind up Pascual's wounds.
Ø Captain Godofredo Monsod, Constabulary Provincial
• There had been several robberies not long prior to the date Inspector at Cabanatuan, Nueva Ecija, received from Major
of the incident, one of which took place in a house where he Guido a telegram of the following tenor: "Information received
was employed as cook so he kept a knife under his pillow for escaped convict Anselmo Balagtas with bailarina and Irene in
his personal protection. Cabanatuan get him dead or alive." Captain Monsod
accordingly called for his first sergeant and asked that he be
• trial court held it as simple homicide given four men.

ISSUE: W/N defendant can be held criminally responsible who, Ø The same instruction was given to the chief of police Oanis
by reason of a mistake as to the facts, does an act for which he who was likewise called by the Provincial Inspector.
would be exempt from criminal liability if the facts were as he
supposed them to be, but which would constitute the crime of Ø Defendants Oanis and Galanta then went to the room of
homicide or assassination if the actor had known the true state Irene, and an seeing a man sleeping with his back towards the
of the facts at the time when he committed the act. door where they were, simultaneously or successively fired at
him with their .32 and .45 caliber revolvers. Awakened by the
HELD: trial court should be reversed, and the defendant gunshots, Irene saw her paramour already wounded, and
acquitted of the crime looking at the door where the shots came, she saw the
defendants still firing at him. Shocked by the entire scene.
NO. GR: acts constituting the crime or offense must Irene fainted; it turned out later that the person shot and killed
be committed with malice or with criminal intent in order that was not the notorious criminal Anselmo Balagtas but a
the actor may be held criminally liable peaceful and innocent citizen named Serapio Tecson, Irene's
paramour.
EX: it appears that he is exempted from liability under
one or other of the express provisions of article 8 of Ø According to Appellant Galanta, when he and chief of police
the code Oanis arrived at the house, the latter asked Brigida where
Irene's room was. Brigida indicated the place, and upon further
• Article 1 RPC of the Penal Code is as follows:
inquiry as to the whereabouts of Anselmo Balagtas, she said
Crimes or misdemeanors are voluntary acts and ommissions that he too was sleeping in the same room.
punished by law.
ISSUE: W/N they may, upon such fact, be held responsible for
o A person voluntarily committing a crime or misdemeanor the death thus caused to Tecson
shall incur criminal liability, even though the wrongful act
HELD: appellants are hereby declared guilty of murder with
committed be different from that which he had intended to
the mitigating circumstance
commit.
YES.
o voluntary act is a free, intelligent, and intentional act
Ø ignorantia facti excusat, but this applies only when the
o "malice" signifying the intent
mistake is committed without fault or carelessness
o Actus non facit reum nisi mens sit rea - "the act itself does
Ø appellants found no circumstances whatsoever which would
not make man guilty unless his intention were so
press them to immediate action. The person in the room being
o “ Actus me incito factus non est meus actus” - an act done then asleep, appellants had ample time and opportunity to
by me against my will is not my act ascertain his identity without hazard to themselves, and could
even effect a bloodless arrest if any reasonable effort to that
• GR: courts have recognized the power of the legislature to end had been made, as the victim was unarmed.
forbid, in a limited class of cases, the doing of certain acts, and
to make their commission criminal WITHOUT regard to the Ø "No unnecessary or unreasonable force shall be used in
intent of the doer making an arrest, and the person arrested shall not be subject
to any greater restraint than is necessary for his detention."
• EX: intention of the lawmaker to make the commission of
certain acts criminal without regard to the intent of the doer is Ø a peace officer cannot claim exemption from criminal liability
clear and beyond question the statute will not be so construed if he uses unnecessary force or violence in making an arrest

• ignorantia facti excusat applies only when the mistake is Ø The crime committed by appellants is not merely criminal
committed without fault or carelessness negligence, the killing being intentional and not accidental. In
criminal negligence, the injury caused to another should be
• defendant at the time, he acted in good faith, without unintentional, it being simply the incident of another act
malice, or criminal intent, in the belief that he was doing no performed without malice.
more than exercising his legitimate right of self-defense; that
had the facts been as he believed them to be he would have Ø 2 requisites in order that the circumstance may be taken as
been wholly exempt from criminal liability on account of his act; a justifying one:
and that he can not be said to have been guilty of negligence
offender acted in the performance of a duty or in the lawful MANUEL v PEOPLE
exercise of a right-present
Facts:
injury or offense committed be the necessary consequence of
Eduardo Manuel married Rubylus Gaña on July 28, 1975. He met Tina
the due performance of such duty or the lawful exercise of
Gandalera in 1996. Eduardo proposed marriage on several occasions,
such right or office.-not present assuring her that he was single. Eduardo even brought his parents to
Baguio City to meet Tina’s parents, and was assured by them that their
Ø According to article 69 of the Revised Penal Code, the son was still single. Tina finally agreed to marry Eduardo. They were
penalty lower by 1 or 2 degrees than that prescribed by law married on April 22, 1996 before Judge Antonio C. Reyes. It appeared
shall, in such case, be imposed. in their marriage contract that Eduardo was “single”. However, starting
1999, Manuel started making himself scarce and went to their house
PEOPLE v GARCIA only twice or thrice a year. Tina was jobless, and whenever she
asked money from Eduardo, he would slap her. In January 2001,
FACTS: Eduardo took all his clothes, left, and did not return. Worse, he stopped
giving financial support. In August 2001, Tina became curious and
Appellant Renato Garcia y Romano was charged with Murder before made inquiries from the NSO in Manila where she learned that
the Regional Trial Court of Quezon City. On May 1998, drove an Isuzu Eduardo had been previously married.
Jitney in a careless, reckless, and negligent manner driving at a speed
greater than was reasonable. Garcia hit and bumped Sanily Billon y For his part, Eduardo testified that he met Tina sometime in 1995 in a
Trinidad, a pedestrian, thereafter, with intent to kill, qualified by evident bar where she worked as a GRO. He fell in love with her and married
premeditation and use of motor vehicle. her. He informed Tina of his previous marriage to Rubylus Gaña, but
she nevertheless agreed to marry him. Their marital relationship was in
On arraignment, appellant pleaded not guilty. Appellant admitted order until this one time when he noticed that she had a “love-bite” on
having ran over the victim, but claimed that it was an accident. her neck. He then abandoned her. Eduardo further testified that he
declared he was “single” in his marriage contract with Tina because he
ISSUE: Whether or not appellant is guilty of murder or reckless believed in good faith that his first marriage was invalid. He did not
imprudence resulting in homicide know that he had to go to court to seek for the nullification of his first
marriage before marrying Tina. He insisted that he married Tina
HELD: The court found that the unfortunate incident was the result of
believing that his first marriage was no longer valid because he had not
reckless imprudence than of malicious intent
heard from Rubylus for more than 20 years.
Elements of evident premeditation:
The lower court found Eduardo guilty of bigamy. He was
(1) a previous decision by the appellant to commit the crime; sentenced to an indeterminate penalty of from six (6) years and ten
(2) an overt act/acts manifestly indicating that the appellant clung to his (10) months, as minimum, to ten (10) years, as maximum, and directed
determination; and to indemnify the private complainant Tina Gandalera the amount of
(3) a lapse of time between the P200,000.00 by way of moral damages, plus costs of suit. Eduardo
decision to commit the crime and its actual execution sufficient to allow appealed the decision to the CA. He alleged that he was not
appellant to reflect upon the consequences criminally liable for bigamy because when he married the private
of his acts. complainant, he did so in good faith and without any malicious intent.
He maintained that at the time that he married the private complainant,
We find that no sufficient time elapsed for appellant to decide to he was of the honest belief that his first marriage no longer subsisted.
commit the crime and reflect on its consequences. There was no The CA rendered judgment affirming the decision of the RTC.
showing that appellant performed other overt acts to show that he was
Issue:
determined to commit murder.
Furthermore, appellant’s act of bringing the victim to the hospital Whether or not the CA erred in affirming the lower court’s decision in
despite numerous opportunities to flee from the scene is more awarding a moral damage when it has no basis in fact and in law.
compatible with a state of mind devoid of criminal intent
Ruling:
Thus, appellant is guilty of reckless imprudence resulting in
homicide defined in Article 365 Moral damages include physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation, wounded feelings, moral
shock, social humiliation, and similar injury. Though incapable of
GARCIA VS. COURT OF APPEALS pecuniary computation, moral damages may be recovered if they are
the proximate result of the defendant’s wrongful act or omission. An
award for moral damages requires the confluence of the following
conditions: first, there must be an injury, whether physical, mental or
psychological, clearly sustained by the claimant; second, there must
be culpable act or omission factually established; third, the wrongful
act or omission of the defendant is the proximate cause of the injury
sustained by the claimant; and fourth, the award of damages is
predicated on any of the cases stated in Article 2219 or Article 2220 of
the Civil Code. Indeed, bigamy is not one of those specifically
mentioned in Article 2219 of the Civil Code in which the offender may
be ordered to pay moral damages to the private complainant/offended
party. Nevertheless, the petitioner is liable to the private complainant
for moral damages under Article 2219 in relation to Articles 19, 20 and
21 of the Civil Code.

According to Article 19, “every person must, in the exercise of his

rights and in the performance of his act with justice, give everyone his
due, and observe honesty and good faith.” This provision contains
what is commonly referred to as the principle of abuse of rights and
sets certain standards which must be observed not only in the exercise
of one’s rights but also in the performance of one’s duties. The
standards are the following: act with justice; give everyone his due; and
observe honesty and good faith. The elements for abuse of rights are:
(a) there is a legal right or duty; (b) exercised in bad faith; and (c) for For it to be appreciated prosecution needs to prove:
the sole intent of prejudicing or injuring another.
a. employment of means of execution which gives the person no
In the present case, the Eduardo courted Tina and proposed to opportunity to defend himself
marry her. He assured her that he was single. He even brought his
parents to Tina’s house where he and his parents made the same b. the means of execution is deliberately and consciously adopted in
assurance – that he was single. Thus, Tina agreed to marry the him, the appellants case there are no evidence to the particulars on how
who even stated in the certificate of marriage that he was single. She Modesto was assaulted and killed and this in fact does mean that
lived with Eduardo and dutifully performed her duties as his wife, treachery cannot be proven since it cannot be presumed that modesto
believing all the while that he was her lawful husband. For two years or was defenseless during the time that he was being attacked and shot
so until Eduardo heartlessly abandoned her, Tina had no inkling that at by the appellants.
he was already married to another before they were married.
Sheer numbers by the appellants when they attacked modesto does
Thus, Tina was an innocent victim of the petitioner’s chicanery not constitute proof that the three took advantage of their numerical
and heartless deception, the fraud consisting not of a single act superiority and their handguns when Modesto was shot and stabbed.
alone, but a continuous series of acts. Day by day, he maintained the
appearance of being a lawful husband to the private complainant, who HELD:
changed her status from a single woman to a married woman, lost the
consortium, attributes and support of a single man she could have APPELLANTS ARE GUILTY BEYOND REASONABLE DOUBT OF
married lawfully and endured mental pain and humiliation, being bound THE FELONY OF HOMICIDE (THE DECISION OF THE LOWER
to a man who it turned out was not her lawful husband. COURTS WERE MODIFIED TO LOWER THE CRIME FROM
MURDER TO HOMICIDE)
The Court rules that the Eduardo’s collective acts of fraud and deceit
before, during and after his marriage with Tina were willful, deliberate IVLER v SAN PEDRO
and with malice and caused injury to the latter. That she did not
sustain any physical injuries is not a bar to an award for moral FACTS: Following a vehicular collision in August 2004, petitioner
damages. The Court thus declares that the petitioner’s acts are against Jason Ivler (petitioner) was charged before the Metropolitan Trial Court
public policy as they undermine and subvert the family as a social of Pasig City (MTC), with two separate offenses: (1) Reckless
Imprudence Resulting in Slight Physical Injuries for injuries sustained
institution, good morals and the interest and general welfare of society .
by respondent Evangeline L. Ponce (respondent Ponce); and (2)
Reckless Imprudence Resulting in Homicide and Damage to Property
PEOPLE v DELIM
for the death of respondent Ponce’s husband Nestor C. Ponce and
FACTS OF THE CASE: damage to the spouses Ponce’s vehicle.

It is due to the automatic review of the decision of the RTC Branch 46 Petitioner posted bail for his temporary release in both cases. On 2004,
(Urdaneta City) finding the appellants, guilty beyond reasonable doubt petitioner pleaded guilty to the charge on the first delict and was meted
and sentencing them to death for the murder of Modesto Bantas. out the penalty of public censure. Invoking this conviction, petitioner
moved to quash the Information for the second delict for placing him in
Appellants pleaded not guilty to the charge. The appellants and victim jeopardy of second punishment for the same offense of reckless
are “related” for modesto is an adopted son of their father. On January imprudence.
23,1999 Marlon, Robert and Ronald Delim charged into the house and
poked a gun at modesto and herded him outside the house. Leon and The MTC refused quashal, finding no identity of offenses in the two
Manuel Delim both armed stayed put and made sure that randy and cases.
rita stayed put.
The petitioner elevated the matter to the Regional Trial Court of Pasig
Modesto's lifeless body was then found on January 25, 1999. Marlon, City (RTC), in a petition for certiorari while Ivler sought from the MTC
Ronald, and Leon used denial and alibi as their evidence against the the suspension of proceedings in criminal case, including the
charge. arraignment his arraignment as a prejudicial question.

*alibis are the weakest of all defenses since it is easy to contrive and Without acting on petitioner’s motion, the MTC proceeded with the
difficult to disprove arraignment and, because of petitioner’s absence, cancelled his bail
and ordered his arrest.
ISSUES OF THE CASE:
Seven days later, the MTC issued a resolution denying petitioner’s
Is conspiracy and treachery present in this case to ensure that murder motion to suspend proceedings and postponing his arraignment until
can be the crime? after his arrest. Petitioner sought reconsideration but as of the filing of
this petition, the motion remained unresolved.
HELD: Yes there is:
ISSUES:
CONSPIRACY- is determined when two or more persons agree to
commit a felony and decide to commit it. Conspiracy must be proven 1. Whether petitioner forfeited his standing to seek relief from his
with the same quantum of evidence as the felony itself, more petition for certiorari when the MTC ordered his arrest following his
specifically by proof beyond reasonable doubt. It is not essential that non-appearance at the arraignment in Reckless Imprudence Resulting
there be proof as to the existence of a previous agreement to commit a in Slight Physical Injuries for injuries sustained by respondent; and
crime. It is sufficient if, at the time of commission of the crime, the
accused had the same purpose and were united in its executed. 2. Whether petitioner’s constitutional right under the Double Jeopardy
Clause bars further proceedings in Reckless Imprudence Resulting in
appellants acted in unison when they abducted Modesto. So their acts Homicide and Damage to Property for the death of respondent Ponce’s
were synchronized and executed with precision evincing a husband.
preconceived plan to kill Modesto
RULING:

The accused negative constitutional right not to be "twice put in

There is no: jeopardy of punishment for the same offense" protects him from,
among others, post-conviction prosecution for the same offense, with
TREACHERY- there is treachery when the offender commits any of the the prior verdict rendered by a court of competent jurisdiction upon a
crimes against person, employing means, methods, or forms in the valid information.
execution thereof which tend directly and especially to insure its
execution, without risk to himself arising from the defense which the
offended party might make.
Petitioner adopts the affirmative view, submitting that the two cases victim Cantre was cardio-respiratory arrest due to suspected food
concern the same offense of reckless imprudence. The MTC ruled poisoning
otherwise, finding that Reckless Imprudence Resulting in Slight
Physical Injuries is an entirely separate offense from Reckless · With the help of the Lingkod Bayan-Circulo de Abogadas of the
Imprudence Resulting in Homicide and Damage to Property "as the ABS-CBN Foundation, an autopsy was done by Dr. Ronaldo B.
[latter] requires proof of an additional fact which the other does not." Mendez which showed that there was internal hemorrhage and
massive accumulation of blood in his abdominal cavity due to his
The two charges against petitioner, arising from the same facts, were lacerated spleen caused by a blunt object like a stone.
prosecuted under the same provision of the Revised Penal Code, as
amended, namely, Article 365 defining and penalizing quasi-offenses. · RTC issued a warrant of arrest and during arraignment
Calimutan pleaded not guilty to the crime of homicide
The provisions contained in this article shall not be applicable. Indeed,
the notion that quasi-offenses, whether reckless or simple, are distinct · RTC: Essentially adopting the prosecution’s account of the
species of crime, separately defined and penalized under the incident, held that Calimutan was guilty beyond reasonable doubt of
framework of our penal laws, is nothing new. homicide with a penalty of imprisonment from 8 years of Prision Mayor
as minimum, to 12 years and 1 day of Reclusion Temporal as
The doctrine that reckless imprudence under Article 365 is a single maximum, and to indemnify the heirs of Philip Cantre the sum of
quasi-offense by itself and not merely a means to commit other crimes P50,000 as compensatory damages and the sum of P50,000 as moral
such that conviction or acquittal of such quasi-offense bars subsequent damages
prosecution for the same quasi-offense, regardless of its various
resulting acts, undergirded this Court’s unbroken chain of o NOT defense of stranger , because after the boxing Bulalacao, he
jurisprudence on double jeopardy as applied to Article 365. was able to run thereby the unlawful aggression by Cantre ceased

These cases uniformly barred the second prosecutions as o The act of throwing a stone from behind which hit the victim at his
constitutionally impermissible under the Double Jeopardy Clause. back on the left side was a treacherous

Our ruling today secures for the accused facing an Article 365 charge a o criminally liable for all the direct and natural consequences of this
stronger and simpler protection of their constitutional right under the unlawful act even if the ultimate result had not been intended
Double Jeopardy Clause. True, they are thereby denied the beneficent
effect of the favorable sentencing formula under Article 48, but any · CA: Affirmed RTC
disadvantage thus caused is more than compensated by the certainty
of non-prosecution for quasi-crime effects qualifying as "light offenses" · Calimutan filed a petition for review on certiorari contending that
(or, as here, for the more serious consequence prosecuted belatedly). the dissimilar findings on the cause of death constituted reasonable
If it is so minded, Congress can re-craft Article 365 by extending to doubt
quasi-crimes the sentencing formula of Article 48 so that only the most
severe penalty shall be imposed under a single prosecution of all
resulting acts, whether penalized as grave, less grave or light offenses. ISSUE: W/N he is guilty beyond reasonable doubt of homicide
This will still keep intact the distinct concept of quasi-offenses.
Meanwhile, the lenient schedule of penalties under Article 365, befitting
crimes occupying a lower rung of culpability, should cushion the effect
of this ruling. HELD: NO. MODIFIED Calimutan is found GUILTY beyond reasonable
doubt of reckless imprudence resulting in homicide, under Article 365
CALIMUTAN v PEOPLE of the Revised Penal Code, and is accordingly sentenced to
imprisonment for a minimum period of 4 months of arresto mayor to a
FACTS: maximum period of two years and one day of prision correccional.
Petitioner Calimutan is further ORDERED to pay the heirs of the victim
·February 4, 1996 around 10 am: Cantre and witness Sañano, together Cantre the amount of P50,000.00 as civil indemnity for the latter’s
with two other companions, had a drinking spree at a videoke bar but death and P50,000.00 as moral damages
as they were headed home, they crossed paths with Calimutan and
Michael Bulalacao. · Proof beyond reasonable doubt requires only a moral certainty
or that degree of proof which produces conviction in an unprejudiced
· Cantre, 26 years old and 5 ft. 9 inches, had a grudge against mind (NOT absolute certainty and the exclusion of all possibility of
Bulalacao, a 15 year-old boy of 5ft. for suspecting that he threw stones error)
at the his house on a previous night so he punched him
o Dr. Mendez’s testimony as an expert witness is evidence, and
Seeking to protect Bulalacao and to stop Cantre, Calimutan picked a although it does not necessarily bind the courts, it is accorded great
stone, as big as a man’s fist and hitting Cantre at the left side of his weight and probative value § may sufficiently establish the causal
back not noticing that Bulalacao was already able to ran away. relationship between the stone thrown by the Calimutan and the
lacerated spleen of the Cantre which resulted in the latter’s death
o Cantre stopped for a moment and held his back and Calimutan
desisted from any other act of violence · Proximate cause - cause, which, in natural and continuous
sequence, unbroken by any efficient intervening cause, produces the
·Witness Sañano then brought Cantre home where he complained of
injury, and WITHOUT which the result would NOT have occurred
backache and also of stomach ache and was unable to eat
o Prosecution was able to establish that the proximate cause of the
·By night time, he felt cold then warm then he was sweating profusely
death of the Cantre was the stone thrown at him by petitioner
and his entire body felt numb
Calimutan.
o Having no vehicle, they could not bring him to a doctor so his
· Comparing the limited autopsy conducted by Dr. Ulanday and
mother just continue to wipe him with a piece of cloth and brought him
her unconfirmed suspicion of food poisoning of the victim Cantre, as
some food when he asked.
opposed to the exhaustive autopsy performed by Dr. Mendez and his
o After eating a little, he vomited. definitive finding of a ruptured spleen as the cause of death, then the
latter, without doubt, deserves to be given credence by the courts
o Shortly after complaining again of his backache and stomach ache,
he died. · Article 3 of the Revised Penal Code classifies felonies according
to the means by which they are committed, in particular:
· The Post-Mortem Examination Report and Certification of Death,
issued and signed by Dr. Ulanday, stated that the cause of death of (1) intentional felonies - existence of malicious intent § act is performed
with deliberate intent (with malice) (2) culpable felonies - absence of
malicious intent § act or omission of the offender is NOT malicious § PEOPLE v BAYONA
the wrongful act results from imprudence, negligence, lack of foresight
or lack of skill The facts: The defendant, who was a special agent of the Philippine
Constabulary, contends that he stoppedhis automobile in front of the
· Absence of intent, Calimutan guilty beyond reasonable doubt of the municipal building of Pilar for the purpose of delivering to Major
culpable felony of reckless imprudence resulting in homicide under Agdamag a revolver that the defendant had taken that day from one
Article 365 of the Revised Penal Code Tomas de Martin, who had no license therefor; that he did not know
there was a polling place near where he parked his motor car; that he
 Reckless imprudence consists in voluntarily, but without was sixty-three meters from the electoral college when the revolver
malice, doing or failing to do an act from which material was taken from him by Jose E. Desiderio, a representative of the
damage results by reason of inexcusable lack of precaution Secretary of the Interior. The evidence shows, however, that the
on the part of the person performing or failing to perform defendant was only ten or twelve meters from the polling place when
such act, taking into consideration his employment or he was found standing near his automobile with a revolver in his belt,
occupation, degree of intelligence, physical condition and and that the municipal building could not be seen from the polling
other circumstances regarding persons, time and place. place; that the defendant was at the time employed as a chauffeur by a
senator for that district, and that he had been sent to Pontevedra, a
DIEGO v CASTILLO municipality adjoining Pilar. The defendant did not arrest Tomas de
Martin, nor does it appear that he caused him to be prosecuted. Tomas
FACTS: de Martin was not called as a witness in this case. Furthermore, there
is one other fact of record which completely discredits the testimony of
· January 9, 1965: Crescencia Escoto contracted marriage with
the defendant. Major Agdamag, to whom the defendant claims he
Jorge de Perio, Jr., both Filipinos, solemnized before then Mayor
intended to deliver the revolver, was not the provincial commander of
Liberato Reyna of Dagupan City
Capiz, but an officer sent from Cebu to Capiz for the purpose of
· February 15, 1978: Jorge filed a Decree of Divorce in Texas supervising the elections in that province; and taking into consideration
the intelligence of the defendant and the nature of his employment.
· June 4, 1987: Crescencia Escoto using the name Lucena Escoto
married Manuel P. Diego before the Rev. Fr. Godoy, parish priest of Issue: Whether or not appellant’s intent should be taken into
Dagupan City consideration in the instant case.

· The sister of Manuel P. Diego filed a criminal case of bigamy against Held: No. Appeal is denied. The court does not believe that appellant
Escoto did not know the location of the polling place in question. The law
which the defendant violated is a statutory provision, and the intent
· RTC: Acquittal since state failed to prove guilt beyond whisper of a with which he violated it is immaterial. The act prohibited by the
doubt and gave credence to the defense of the accused that she acted Election Law was complete. The intention to intimidate the voters or to
without any malicious intent for believing in good faith that her marriage interfere otherwise with the election is not made an essential element
was already annulled by a foreign judgment of the offense. The rule is that in acts mala in se there must be a
criminal intent, but in those mala prohibita it is sufficient if the
· An administrative case is filed against Judge Silverio Q. Castillo for prohibited act was intentionally done. “Care must be exercised in
Knowingly rendering an unjust judgment under Article 204[7] of the distinguishing the difference between the intent to commit the crime
Revised Penal Code and the intent to perpetrate the act. …” (U.S. vs. Go Chico, 14 Phil.
128.
ISSUE: W/N Castillo should be liable against Article 204[7] of the
Revised Penal Code US v CHICO

HELD: NO. Regional Trial Court Judge Silverio Q. Castillo is FINED Facts: Defendant is charged with the violation of section 1 of Act No.
P10,000 with a STERN WARNING that a repetition of the same or 1696 of the Philippine Commissio “Any person who shall expose, or
similar acts will be dealt with more severely cause or permit to be exposed, to public view on his own premises…
any flag, banner, emblem, or device used during the late insurrection in
· The law requires that the Philippine Islands to designate or identify those in armed rebellion
against the United States”.
o (a) the offender is a judge;
defendant was tried in the Court of First Instance of the city of Manila
o (b) he renders a judgment in a case submitted to him for and was found guilty and sentenced to pay a fine of P500, and to
decision; suffer subsidiary imprisonment

o (c) the judgment is unjust; appellant Go Chico displayed in one of the windows and one of the
show cases of his store, No. 89 Calle Rosario, a number of medallions,
o (d) he knew that said judgment is unjust imprinted in miniature the picture of Emilio Aguinaldo, and the flag or
banner or device used during the late insurrection in the Philippine
· Even assuming that a judge erred in acquitting an accused, he still Islands/
cannot be administratively charged lacking the element of bad faith,
malice or corrupt purpose ISSUE: The appellant rests his right to acquittal upon two propositions:
· As a matter of public policy then, the acts of a judge in his official 1. that before a conviction under the law cited can be had, a
capacity are not subject to disciplinary action, even though such acts criminal intent upon the part of the accused must be proved
are erroneous. beyond a reasonable doubt.
· Good faith and absence of malice, corrupt motives or improper HELD: it is not necessary that the appellant should have acted with
considerations are sufficient defenses in which a judge charged with the criminal intent. In many crimes, made such by statutory enactment,
ignorance of the law can find refuge. the intention of the person who commits the crime is entirely
immaterial.
· error committed by respondent Judge being gross and patent, the
same constitutes ignorance of the law of a nature sufficient to warrant It is clear from the authorities cited that in the act under
disciplinary action consideration the legislature did not intend that a criminal intent should
be a necessary element of the crime.

The judgment of the court below and the sentence imposed

thereunder are hereby affirmed.
ESTRADA v SANDIGANBAYAN government funds translates to an actual threat to the very existence of
government, and in turn, the very survival of people it governs over.
Facts:
PEOPLE v ILIGAN
Joseph Ejercito Estrada (Estrada), the highest-ranking official to be
prosecuted under RA 7080 (An Act Defining and Penalizing the Crime TOPIC: Wrongful done be different from what was intended
of Plunder) as amended by RA 7659..
TERMS: Proximate legal cause - that acting first and producing the
Estrada wishes to impress the Court that the assailed law is so injury, either immediately or by setting other events in motion, all
defectively fashioned that it crosses that thin but distinct line which constituting a natural and continuous chain of events, each having a
divides the valid from the constitutionality infirm. That there was a clear close causal connection with its immediate predecessor, the final event
violations of the fundamental rights of the accused to due process and in the chain immediately effecting the injury as a natural and probable
to be informed of the nature and cause of the accusation. result of the cause which first acted, under such circumstances that the
person responsible for the first event should, as an ordinarily prudent
Issue/s: and intelligent person, have reasonable ground to expect at the
moment of his act or default that an injury to some person might
Whether or not the Plunder Law is unconstitutional for being vague. probably result therefrom.”
Whether or not Plunder Law requires less evidence for providing the LAWS/PROVISIONS: Article 4, Par. 1 of the RPC: Criminal liability
predicate crimes of plunder and therefore violates the rights of the shall be incurred:
accused to due process.
oBy any person committing a felony although the wrongful
Whether Plunder as defined in RA 7080 is a malum prohibitum. act done be different from that which he intended
Ruling: FACTS:
No. A statute is not rendered uncertain and void merely because  August 4, 1980 After a barrio fiesta in Vinzons, Camarines Norte,
general terms are used therein, or because of the employment of terms Edmundo pushed aside the group of Esmeraldo Quinones, Jr., Zaldi
without defining them. There is no positive constitutional or statutory Asis, and Felix Lukban, and even prompted Zaldi to box. Fernando
command requiring the legislature to define each and every word in an brought out his bolo when he saw Edmundo on the ground, hacked
enactment. Congress’ inability to so define the words employed in a Zaldi but missed. The group of Quinones was then pursued by the
statute will not necessary result in the vagueness or ambiguity of the three accused.
law so long as the legislative will is clear, or at least, can be gathered
from the whole act, which is distinctly expressed in the Plunder Law.  Upon seeing they were no longer being chased, Quinones invited
the other two to his house so that he could change to his working
It is a well-settled principle of legal hermeneutics that words of a clothes as a bus conductor.
statute will be interpreted in their natural, plain, and ordinary
acceptation and signification, unless it is evident that the legislature While the trio were walking along a national highway towards the
intended a technical or special legal meaning to those words. victim s house, the three accused suddenly emerged on the road side.
That was the time when Fernando hacked Quinones, Jr. on his face,
Every provision of the law should be construed in relation and with causing fatal injuries on the latter’s face which resulted in his death.
reference to every other part.
 The accused denied having perpetrated the crime and stated that
There was nothing vague or ambiguous in the provisions of R.A. they were on their respective houses when the crime occurred.
7080
The lower court found that Iligan’s group conspired to kill anyone or
all members of the group of the victim to vindicate the boxing on the
face of Edmundo. Fernando and Edmundo were then charged with the
No. The legislature did not in any manner refashion the standard crime of murder with aggravating circumstances of evident
quantum of proof in the crime of plunder. The burden still remains premeditation and treachery.
with the prosecution to prove beyond any iota of doubt every fact or
element necessary to constitute a crime. ISSUE: WON Fernando could be absolved of his criminal liability given
that the victim was subsequently run over by a vehicle
What the prosecution needs to prove beyond reasonable doubt is only
a number of acts sufficient to form a combination or series which would HELD
constitute a pattern and involving an amount of at least 1st issue : Denied.
P50,000,000.00. There is no need to prove each and every other act
alleged in the information to have been committed by the accused in  Based on the doctrine:“el que es causa de la causa es causa del
furtherance of the overall unlawful scheme or conspiracy to amass, mal causado (he who is the cause of the cause is the cause of the evil
accumulate or acquire ill-gotten wealth. caused), the essential requisites of Article 4 are: (a) that an intentional
felony has been committed, and (b) that the wrong done to the
No. It is malum in se. The legislative declaration in RA No. 7659 that aggrieved party be the direct, natural and logical consequence of the
plunder is a heinous offense implies that it is a malum in se. For when felony committed by the offender.
the acts punished are inherently immoral or inherently wrong, they are
mala in se and it does not matter that such acts are punished in a These requisites are present in this case. The intentional felony was
special law, especially since in the case of plunder that predicate the hacking by Fernando.
crimes are mainly mala in se.
 The second requisite was also met. Given that the incident
Its abomination lies in the significance and implications of the subject happened on a national highway where vehicles are expected to pass,
criminal acts in the scheme of the larger socio-political and economic Fernando’s hacking of Quinones’s head was the proximate, might not
context in which the state finds itself to be struggling to develop and be direct, cause of the latter’s death. The sequence of events from
provide for its poor and underprivileged masses. Reeling from decades Fernando’s assault to the time Quinones was run over by a vehicle is
of corrupt tyrannical rule that bankrupted the government and one unbroken chain of events. With that said, it did not really matter if
impoverished the population, the Philippine Government must muster he directly caused Quinones’s death or if he actually meant it. Having
the political will to dismantle the culture of corruption, dishonesty, triggered such events, Iligan cannot escape liability even though the
green and syndicated criminality that so deeply entrenched itself in the autopsy indicated that the death was caused by a vehicular accident.
structures of society and the psyche of the populace. [With the
government] terribly lacking the money to provide even the most basic Since treachery and evident premeditation were not established, the
services to its people, any form of misappropriation or misapplication of lower court’s charge for Fernando was modified from murder to
homicide.
However, it was not clearly established that Edmundo took any direct At around 7:30 a.m. on November 13, 1995, eleven-year-old Edison
part in the hacking incident since mere knowledge/approval of the act Garcia, a Grade 4 elementary school pupil, and his playmate, Wilson
without cooperation is not enough to charge him a co-principal. Quinto, who was also about eleven years old, were at Barangay San
Therefore, he deserved exoneration Rafael, Tarlac, Tarlac. They saw respondents Dante

PEOPLE v MANANQUIL Andres and Randyver Pacheco by the mouth of a drainage culvert.
Andres and Pacheco invited Wilson to go fishing with them inside the
Facts: drainage culvert.[1] Wilson assented. When Garcia saw that it was
dark inside, he opted to remain seated in a... grassy area about two
VALENTINA MANANQUIL y LAREDO was accused of PARRICIDE meters from the entrance of the drainage system.[2]
That on or about the 6th day of March, 1965, in Pasay City, Respondent Pacheco had a flashlight. He, along with respondent
Philippines, and within the jurisdiction of this Hon. Court, the above- Andres and Wilson, entered the drainage system which was covered
named accused, did then and there wilfully, unlawfully and feloniously, by concrete culvert about a meter high and a meter wide, with water
with evident premeditation, that is, having conceived and deliberated about a foot deep.[3] After a while, respondent
to... kill her husband, Elias Day y Pablo, with whom she was united in
lawful wedlock, enter (sic) the NAWASA building situated at Pasay Pacheco, who was holding a fish, came out of the drainage system and
City, where said Elias Day y Pablo was working as a security guard; left[4] without saying a word. Respondent Andres also came out, went
and the said accused, having in her possession a bottle containing back inside, and emerged again, this time, carrying Wilson who was
gasoline... suddenly and without warning, poured the contents on the already dead. Respondent Andres laid the... boy's lifeless body down
person of her husband, Elias Day y Pablo, ignited the gasoline, as a in the grassy area.[5] Shocked at the sudden turn of events, Garcia
result of which, said Elias Day y Pablo suffered burns and injuries fled from the scene.[6] For his part, respondent Andres went to the
which subsequently caused his death. house of petitioner Melba Quinto, Wilson's mother, and informed her
that... her son had died. Melba Quinto rushed to the drainage culvert
On March 6, 1965, at about 11:00 o'clock in the evening, appellant while respondent Andres followed her.[7]
went to the NAWASA Building at Pasay City where her husband was
then working as a security guard. She had just purchased ten (10) CAUSE OF DEATH: Asphyxia by drowning; traumatic head injuries,
centavo-worth of gasoline from the Esso Gasoline Station at Taft contributory.[9]
Avenue which... she placed in a coffee bottle (t.s.n., p. 13, January 13,
1969). She was angry at her husband, Elias Day y Pablo, because the Issues:
latter had burned her clothing, was maintaining a mistress and had
been taking all the food from their house. Upon reaching the NAWASA WHETHER OR NOT THE EXTINCTION OF RESPONDENTS' CRIMINAL
Building, she... knocked at the door. Immediately, after the door was LIABILITY, LIKEWISE, CARRIES WITH IT THE EXTINCTION OF THEIR CIVIL
LIABILITY.
opened, Elias Day shouted at the appellant and castigated her saying,
"PUTA BUGUIAN LAKAW GALIGAON" (t.s.n., p. 14, id). The appellant WHETHER OR NOT PREPONDERANT EVIDENCE EXISTS TO HOLD
tired of hearing the victim, then got the bottle of gasoline and poured RESPONDENTS CIVILLY LIABLE FOR THE DEATH OF WILSON QUINTO.
the contents... thereof on the face of the victim (t.s.n., p. 14 id). Then,
she got a matchbox and set the polo shirt of the victim aflame. Ruling:

Upon the other hand, the victim was taken first to the Philippine Every person criminally liable for a felony is also civilly liable.
General Hospital and then to the Trinity General Hospital at Sta. Ana,
Manila, when he died on March 10, 1965. (Exh. "C", p. 208, rec.) due a person committing a felony is criminally liable for all the natural and
to 'Pneumonia, lobar bilateral. Burns 2°... secondary'. logical consequences resulting therefrom although the wrongful act
done be different from that which he intended.
In that... investigation, appellant categorically admitted having thrown
gasoline at her husband and thereafter set him aflame as evidenced by The felony committed must be the proximate cause of the resulting
this pertinent portion of her statement injury.

Issues: If a person inflicts a wound with a deadly weapon in such a manner as

to put life in jeopardy and death follows as a consequence of their
whether or not appellant's extrajudicial confession was voluntarily felonious act, it does not alter its nature or diminish its criminality to
given... whether or not the burns sustained by the victim contributed to prove that other causes cooperated in producing the factual... result.
cause pneumonia which was the cause of the victim's death. The offender is criminally liable for the death of the victim if his delictual
act caused, accelerated or contributed to the death of the victim.

In the present case, the respondents were charged with homicide by

Ruling: dolo.

The evidence shows that... pneumonia was a mere complication of the In the present case, we rule that, as held by the trial court and the CA,
burns sustained. While accepting pneumonia as the immediate cause the prosecution failed to adduce preponderant evidence to prove the
of death... this could not have resulted had not the victim suffered from facts on which the civil liability of the respondents rest, i.e., that the
second degree burns. It concluded, and rightly... so, that with petitioner has a cause of action against the... respondents for
pneumonia having developed, the burns became as to the cause of damages.
death, merely contributory
He presented two possibilities: (a)... that the deceased could have
One who inflicts injury on another is deemed guilty of homicide if the been hit by a blunt object or instrument applied with full force; or (b) the
injury contributes immediately or immediately to the death of such deceased could have slipped, fell hard and his head hit a hard object:
other
The trial court gave credence to the testimony of Dr. Aguda that the
It is that every person is held to contemplate and be responsible for the deceased might have slipped, causing the latter to fall hard and hit his
natural consequences of his own... acts. head on the pavement,... However, the absence of any ill-motive to kill
the deceased is relevant and admissible in evidence to prove that no
Principles: violence was perpetrated on... the person of the deceased. In this
case, the petitioner failed to adduce proof of any ill-motive on the part
Appellant's case falls squarely under Art. 4, Par. 1 of the Revised of either respondent to kill the deceased before or after the latter was
Penal Code invited to join them in fishing. Indeed, the petitioner testified that
respondent
QUINTO v ANDRES
Andres used to go to their house and play with her son before the
Facts:
latter's death:
Principles: Principles:

The prime purpose of the criminal action is to punish the offender in when a person dies in consequence of an internal hemorrhage brought
order to deter him and others from committing the same or similar on by moving about against the doctor's orders, not because of
offense, to isolate him from society, to reform and rehabilitate him or, in carelessness or a desire to... increase the criminal liability of his
general, to maintain social order. assailant, but because of his nervous condition due to the wound
inflicted by said assailant, the crime is homicide and not merely slight
The... sole purpose of the civil action is the restitution, reparation or physical injuries, simply because the doctor was of the opinion that the
indemnification of the private offended party for the damage or injury wound might have healed,in... seven days... one who inflicts an injury
he sustained by reason of the delictual or felonious act of the accused on another will be held responsible for his death, although it may
appear that the deceased might have recovered if he had... taken
Natural" refers to an occurrence in the ordinary... course of human life proper care of himself, or submitted to a surgical operation, or that
or events... logical" means that there is a rational connection between unskilled or improper treatment aggravated the wound and contributed
the act of the accused and the resulting injury or damage to the death, or that death was immediately caused by a surgical
operation rendered necessary by the condition of the wound.
Proximate cause is that cause which... in natural and continuous
sequence, unbroken by an efficient intervening cause, produces the The... principle on which this rule is founded is one of universal
injury, and without which the result would not have occurred. application, and lies at the foundation of all criminal jurisprudence. It is,
that every person is to be held to contemplate and to be responsible for
There must be a relation of "cause and effect," the cause being the the natural consequences of his own acts.
felonious act of the offender, the effect being the resultant injuries
and/or death of the victim. URBANO v IAC
PEOPLE v QUIANZON FACTS: Marcelino Javier opened the irrigation of a canal by means of
cutting grass which caused the flooding of the storage area of the
Facts: On February 1, 1934, a novena for the suffrage of the soul of a petitioner. Petitioner got angry and demanded Javier to pay for the
deceased person was being held in the house of Victorina Cacpal in a soaked palay. Javier refused and a quarrel between them ensued.
barrio, near the poblacidn, of the municipality of Paoay, Ilocos Norte, Urbano unsheathed his bolo and hacked Javier hitting him on the right
with the usual attendance of relatives and friends. The incident that hand and left leg. Javier went to the hospital for the treatment of the
led... to the filing of these charges took place between 3 and 4 o'clock wounds. Two weeks after, Javier returned to his farm and tended to his
in the afternoon. Andres Aribuabo, one of the persons present, went to tobacco plants.
ask for food of Juan Quianzon, then in the kitchen, who, to all
appearances, had the victuals in his care. Aribuabo was a Then, on a fateful day of November 14, Javier was rushed to the
sexagenarian and so... was Quianzon. It was the second or third time hospital. Doctors findings showed that he was suffering from tetanus
that Aribuabo approached Quianzon with the same purpose infection. The next day, Javier died.
whereupon the latter, greatly peeved, took hold of a firebrand and
applied it to the neck of the man who so pestered him. Aribuabo ran to RTC and CA found the petitioner guilty beyond reasonable doubt of
the place where the people were... gathered exclaiming that he was homicide. Petitioner raised the case to the SC arguing that the cause
wounded and was dying. Raising his shirt, he showed to those present of the death of Javier was due to his own negligence.
a wound in his abdomen below the navel. Aribuabo died as a result of
this wound on the tenth day after the incident. ISSUE: WON Urbano’s action was the proximate cause of the death of
Javier.
Victim's statement immediately after receiving the wound, naming the...
accused as the author of the aggression, and the admission forthwith RULING: NO. Pursuant to this provision “an accused is criminally
made by the accused that he had applied a firebrand to Aribuabo's responsible for acts committed by him in violation of law and for all the
neck and had wounded him, besides, with a bamboo spit "wound of the natural and logical consequences resulting therefrom. The rule is that
deceased was very serious and it was difficult... to determine whether the death of the victim must be the direct, natural, and logical
he could survive or not." consequence of the wounds inflicted upon him by the accused

Issues: It is contended by the defense that even granting that it was The petitioner reiterates his position that the proximate cause of the
the accused who inflicted the wound which resulted in Aribuabo's death of Marcelo Javier was due to his own negligence, that Dr. Mario
death, he should not be convicted of homicide but only of serious Meneses found no tetanus in the injury, and that Javier got infected
physical injuries because said wound was not necessarily fatal and the with tetanus when after two weeks he returned to his farm and tended
deceased would... have survived it had he not twice removed the his tobacco plants with his bare hands exposing the wound to harmful
drainage which Dr. Mendoza had placed to control or isolate the elements like tetanus germs.
infection.
Consequently, Javier’s wound could have been infected with tetanus
The possibility, admitted by said physician, that... the patient might" after the hacking incident. Considering the circumstance surrounding
have survived said wound had he not removed the drainage, does not Javier’s death, his wound could have been infected by tetanus 2 or 3 or
mean that that act of the patient was the real cause of his death. Even a few but not 20 to 22 days before he died. The medical findings,
without said act the fatal consequence could have followed, and the however, lead us to a distinct possibility that the infection of the wound
fact that the patient had so acted in a paroxysm of... pain does not alter by tetanus was an efficient intervening cause later or between the time
the juridical consequences of the punishable act of the accused. Javier was wounded to the time of his death. The infection was,
therefore, distinct and foreign to the crime.
Ruling:
And if an independent negligent act or defective condition sets into
"One who inflicts an injury on another is deemed by the law to be guilty operation the instances which result in injury because of the prior
of homicide if the injury contributes mediately or immediately to the defective condition, such subsequent act or condition is the proximate
death of such other. The fact that other causes contribute to the cause.
death does not relieve the actor of responsibility.
CA’s decision was SET ASIDE and petioner is ACQUITED of the
crime of homicide.

accused is wrong in imputing the natural consequences of his criminal

act to an act of his victim.

Inasmuch as the mitigating circumstances of lack of instruction and of

intention to commit so grave a wrong as that committed should be
taken into consideration in favor of the appellant, without any
aggravating circumstances adverse to him