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Criminal Review Case Digest

People of the Philippines v. Salvador Tulagan
G.R. No. 227363, March 12, 2019
Accused-appellant was found guilty beyond reasonable doubt of the crimes of sexual
assault and statutory rape as defined and penalized under Article 266-A, paragraphs 2 and 1(d) of
the Revised Penal Code (RPC), respectively, in relation to Article 266-B. Accused-appellant
allegedly inserted his finger in the private parts of AAA, a minor, then in another occasion brought
AAA his house wherein he undressed, kissed, and inserted his penis in AAA’s vagina. The
accused-appellant denied such allegations however the court ruled that he was guilty beyond
reasonable doubt. The Court of Appeals affirmed the trial court’s decision. Accused-appellant
Whether or not the appeal should be granted
No, however modification of the nomenclature and penalty for the crime of Sexual Assault
and a reduction of damages of the crime of Statutory Rape are in order. It should be Sexual Assault
under paragraph 2, Article 266-A of the Revised Penal Code, in relation to Section 5(b) of Republic
Act No. 7610 as R.A. 7610 must be applied to all children victims. Since AAA, the victim, is a
child therefore the crime of Sexual Assault must be imposed in relation with the penalty prescribed
by R.A. 7610.
Disini v. Department of Interior and Local Government
G.R. No. 203335
February 11, 2014
These are consolidated cases questioning the constitutionality of certain provisions of R.A.
10175 or the Cybercrime Prevention Act of 2012. The said law was enacted in order to regulate
the use of cyberspace and punish wrongdoings committed in cyberspace. Petitioners however
content that said law violate their Constitutional rights. Among the challenged provisions is the
provision penalizing Cyberlibel.
Whether or not the provision on Cyberlibel in the Cybercrime Prevention Act of 2012 is
No, however the provisions on penalizing the aiding and abetting cyberlibel are
unconstitutional. Cyberlibel is a form of libel in cyberspace, it is the author of the defamatory
statement which is liable and punishable by law as such is a valid regulation of free speech. The
provisions of those aiding and abetting cyberlibel are not constitutional because it creates a chilling
effect on the citizens’ right to free speech. As cyberspace is an incomparable medium which entails
numerous parties in disseminating information, the vagueness of the participation of non-authors
of the libelous statement creates a chilling effect if such is penalized by the law and will silence
the netizens.
Rujjeric Z. Palaganas v. People of the Philippines
G.R. No. 165483
September 12, 2006
During a drinking session in Tidbits Videoke in Manaoag, Pangasinan, a fight broke out
between the Ferrer brothers and the Palaganas relatives because of a quarrel over the song “My
Way”. After the rumble, the accused arrived in the scene and shot one of the Ferrer brothers fatally
while the other Ferrer brother was hit on the shoulder. Accused claimed that he was being stoned
by the brothers Ferrer however the Solicitor General posited that it was herein accused who fired
the first shot.
Whether or not the use of unlicensed firearm is a special aggravating circumstance?
Whether or not such aggravating circumstance can be offset with an ordinary mitigating
Yes, the use of unlicensed firearm is a special aggravating circumstance since the passage
of R.A. 8294 and since the crime took place after the effectivity of said law then the use of
unlicensed firearm is a special aggravating circumstance.
No, a special aggravating circumstance cannot be offset with an ordinary mitigating
circumstance therefore the use of unlicensed firearm cannot be offset with an ordinary mitigating
People vs. Apolonio Apduhan
G.R. No. L-19491
August 30, 1968
Accused along with 5 others allegedly entered into the dwelling of the Miano family. They
also hacked and inflicted injuries to two of the residents of the said dwelling afterwards they took
and carried away 322 pesos. Accused was charged with Robbery with Homicide with the special
aggravating circumstance of committing with band as well as other aggravating circumstances.
Accused then pled guilty despite the trial court explaining to him that the death penalty may be
imposed and sentenced to him.
Whether or not Robbery by a Band as provided for by Article 295 is applicable to Robbery
with Homicide.
No. According to Article 295, Robbery by a band will only qualify the last 3 subparagraphs of Article 294. Robbery with Homicide is not included as the law specifically provides
that Robbery by band will only qualify the last 3 sub-paragraphs of Article 294, and Robbery with
Homicide is provided for in sub-paragraph 1 of Article 294. Also, since Article 296 of the RPC is
corollary with Article 295, use of unlicensed firearms shall only qualify the sub-paragraphs 3, 4
and 5 of Article 295.
People of the Philippines v. Joseph Orilla
G.R. Nos. 148939-40
February 13, 2004
On or about the dawn of September 12, 1996 in Bani, Pangasinan, accused allegedly, by
force and intimidation, and armed with a knife, forcefully had sexual intercourse with his younger
sister. Remilyn Orilla, against her will. Remilyn then reported to her sister the following morning.
It was revealed that accused-appellant ejaculated twice inside his sister. Accused is charged with
Rape with the alternative circumstance of relationship.
Whether or not the alternative circumstance of relationship shall be appreciated for the
imposition of the death penalty.
No. For the imposition of the death penalty, the law must be unequivocal in the language
used for the circumstances which aggravate the penalty of a crime to death. Relationship as an
aggravating circumstance is applicable to crimes against chastity however rape has been
reclassified as crime against persons. Relationship is not among the aggravating circumstances as
provided for by Article 14 of the Revised Penal Code. Since the law does not specifically provide
that relationship as an aggravating circumstance in rape, then such circumstance cannot be
appreciated to impose a higher penalty of death. However, for the imposition of damages,
relationship may be appreciated.
People of the Philippines v. Ireneo Jugueta
April 5, 2016 G.R. No. 202124
Accused-appellant allegedly fired with an unnamed caliber gun upon Norberto Divina and
his family which led to the death the latter’s daughters; this happened in Divina’s home. Norberto
Divina is the accused’s brother-in-law and they previously had an altercation stemming from a
complaint filed by Divina against the accused’s brothers as they allegedly molested Divina’s
daughter. Accused-appellant denied being the perpetrators of the act. The accused was
subsequently charged double murder and multiple attempted murder.
Whether or not the lower court imposed the proper damages
No. The attendant modifying circumstances must be put in to account by the Courts in
imposing damages. The Supreme Court ruled that aggravating circumstances must be
contemplated in imposing damages to address the Court and the public’s outrage over such crimes.
The presence of an aggravating circumstance allows the imposition of exemplary damages,
whether ordinary or qualifying as aggravating circumstance in the Civil Code is construed in its
broad definition. Also, aggravating circumstance not alleged in the complaint but proved during
trial does not bar the Court from imposing exemplary damages furthermore, exemplary damages
may be awarded due to the reprehensible conduct of the accused despite the lack of aggravating
People of the Philippines v. Luzviminda Valdez
G.R. Nos. 216007-09, December 08, 2015
Private respondent was the former mayor of Bacolod city. It was alleged that she altered
disbursement vouchers in order to receive an excess amount. She was then charged for violation
of R.A. 3019 and Malversation of Public Funds through Falsification of Public Documents.
Respondents now argue that posting of bail is a matter of right.
Whether or not private respondent is entitled to bail as a matter of right
Yes, private respondent is entitled to bail as a matter of right. For bail to be a matter of
right, the prescribed penalty must not be reclusion perpetua, death or life imprisonment not the
imposable penalty as contemplated in the instant petition. The penalty of private respondent is
reclusion temporal in its maximum to reclusion perpetua. The private respondent is thus entitled
to bail as a matter of right. The imposable penalty is the penalty of the crime wherein the modifying
circumstances are put into account. The word “punishable” is construed as the same as
“prescribed” for purposes of the provisions of bail as a matter of right.
People of the Philippines v. Juan Gonzales Escote, Jr.
G.R. No. 140756. April 4, 2003
The accused a boarded a passenger bus routed to go to Pangasinan from Pasay City. During
the trip they then commenced in robbing the passengers of the bus by firing shots with their
handguns. A policeman aboard the bus was discovered by the accused who thereafter shot the
policeman to death while the policeman pleaded for his life. The accused was later apprehended
as he was impersonating the deceased police officer while driving a cab with no plate.
Whether or not treachery is a generic aggravating circumstance in Robbery with Homicide
Yes, treachery is a generic aggravating circumstance in Robbery with Homicide even
though such is a crime against property because the law looks at the constituent crime of homicide
in the special complex crime of Robbery with Homicide. Treachery increases the penalty for the
crime because it is a generic aggravating circumstance.
Aristotel Valenzuela v. People of the Philippines
G. R. No. 160188
June 21, 2007
Petitioner was charged with consummated theft in relation to an incident wherein he along
with Calderon carried boxes of detergent from SM North EDSA to a haled taxi. The security guard
of SM stopped the taxi when it was about to leave to ask for an official receipt from herein
petitioner however the petitioner fled on food but was nonetheless apprehended. Petitioner
contends that he should only be convicted of frustrated theft because he was not put in a position
to freely dispose of the stolen articles.
Whether or not there is a crime of frustrated theft
No, there is no crime of frustrated theft. Once a person unlawfully takes personal property
of another, with intent to gain and without violence or intimidation or force upon things, then theft
is consummated. Being able to freely dispose of the stolen personal property is not an element of
theft. Unlawful taking is the act which consummates the theft and without it an element is lacking
so it is only in the attempted stage. There is no frustrated theft as contemplated by law.
People of the Philippines v. Felipe Mirandilla, Jr.
G.R. No. 186417
July 27, 2011
AAA was grabbed and detained by accused and his gang while AAA was buying candies.
She was then detained for 39 days and was raped multiple times however she escaped. Accused
denied the allegations and claims that AAA is his live-in partner.
Whether or not the crime committed is Kidnapping with Rape
Yes. The special complex crime of Kidnapping with Rape is the crime committed no matter
how many rapes have been committed during the illegal detention. In comparison, Forcible
abduction with rape is committed when the offender takes the victim with lewd designs and then
rapes her, the subsequent rapes after the first rape will then be separate offenses.
People of the Philippine Islands v. Silverio Daos
G.R. No. L-40331
April 27, 1934
Accused along with his companions boarded a taxicab owned by Malate Taxi Cab Co.,
with the intention of robbing the chauffer. After driving around Manila to Rizal, they attacked the
chauffer and strangled him, however they were only able to take 2 pesos. The accused cites that
the lower court erred in convicting them of Robbery with Homicide and that the proper crime is
simple murder.
Whether or not the crime committed is Robbery with Homicide
Yes, the acts committed by the accused are constitutive of Robbery with Homicide. The
amount retrieved is of no moment as long as the elements of Robbery with Homicide are executed
and consummated. In other words, the price or amount of the goods taken is immaterial for the
commission of the crime of Robbery with Homicide.
People of the Philippines v. Domingo Salazar
G.R. No. 99355 August 11, 1997
Appellants allegedly attacked the security guard of Linda’s Supermarket located in Visayas
Ave., Quezon City. Appellant approached the security guard then subsequently stabbed him
numerous times thereafter appellants stole the security guard’s revolver then fled the scene. The
appellants denied such allegations claiming they were never at the crime scene. They were
convicted with Robbery with Homicide.
Whether or not Robbery with Homicide is the appropriate crime in the case at bar.
No. It is not clear as to what the appellants’ criminal intent is i.e. whether the intent is to
steal the revolver or the intent was to kill the security guard and the taking of the revolver was just
an afterthought. The intimate relationship between the killing and the asportation of the revolver
is not clearly established. The crimes committed are the separate crimes of homicide and theft.
People of the Philippines v. Francisco Juan Larranaga
Rusia, a state witness, came forward to testify the fate of the Chiong sisters in which it was
alleged that appellants kidnapped and raped the Chiong sisters in Cebu. Jacqueline Chiong was
kidnapped, raped, and was thrown to a ravine causing her death while Marijoy Chiong was
kidnapped and raped. The appellants’ defense was that they were not in the crime scene at the time
it happened.
Whether or not the crime committed is a special complex crime
Yes, R.A. 7659 introduced the special complex crime of kidnapping with rape or homicide
in our penal statutes. Regardless if the killing is purposely sought or just an afterthought, such
killing can no longer be complexed with kidnapping but rather the special complex crime of
Kidnapping with Homicide shall be the proper crime. The Revised Penal Code under Article 267
states that: When the victim is killed or dies as a consequence of the detention, or is raped, or is
subjected to torture or dehumanizing acts, the maximum penalty shall be imposed provides for the
special crime.
People of the Philippines v. Condrado Laog
G.R No. 178321
October 5, 2011
In San Rafael, Bulacan, it was alleged that appellant with a lead pipe hit AAA, his niece,
and then hit then stabbed Jennifer with a lead pipe and an icepick respectively which lead to
Jennifer’s death. AAA was then raped by appellant after being knocked down by the initial blow.
Appellant denied the allegations claiming he was with his family. Appellant was charged with the
separate crimes of murder and rape.
Whether or not there are separate crimes committed
No, however a special complex crime is committed which is Rape with Homicide. As long
as killing is done by reason or on occasion of rape then the proper crime is Rape with Homicide,
which is analogous to Robbery with Homicide.
Jaime Araza v People of the Philippines
G.R. 247429 September 8, 2020
Accused was charged for violating the R.A. 9262 or Anti-Violence Against Women and
Children Act of 2004 as it was alleged that his marital infidelity with his paramour, which gave
fruit to three illegitimate offspring, causing psychological abuse. AAA received a message from a
certain couple claiming that her husband, herein accused, is having an affair with their best friend
which led AAA to go to her husband’s place of work wherein she discovered that such claims were
true. Accused denies such and claims that their relationship had gone sour.
Whether or not psychological abuse committed by marital infidelity is a violation of
Yes, there is psychological abuse through marital infidelity and the effect of which is
mental and emotional anguish, this constitutes a violation of R.A. 9262. The expert witness
testified that AAA indeed suffered emotional and mental anguish which stemmed from the
accused’s actions of leaving his conjugal home with AAA to maintain an illicit affair with his
People of the Philippines v. Layug
G.R. No. 223679 September 27, 2017
The state witness alleged that herein appellants stabbed Victorino after they had a shabu
session and thereafter stole his personal property. The accused were convicted of the crime of
Robbery with Homicide with the aggravating circumstance of evident premeditation.
Whether or not evident premeditation is inherent in Robbery with Homicide
Yes, evident premeditation cannot be appreciated in Robbery with homicide because
evident premeditation is inherent in crimes against property. Robbery with Homicide is a crime
against property therefore evident premeditation cannot be appreciated as an aggravating
Bert Pascua v. People of the Philippines
G.R. 250578, September 7, 2020
Accused was charged for violating R.A. 9165 for having possession of shabu. He initially
pleaded not guilty however he entered into a plea bargaining agreement in which he pled guilty
for a lesser offense. The lower court averred that accused is not eligible for probation however
accused claims that the prohibition of probation is only applicable if accused is found guilty of
sale of illegal drugs and not when he is found guilty to a lesser offense.
Whether or not accused may be entitled to probation.
Yes, probation is a matter that is settled after conviction. The accused pled guilty to the
lesser offense of possession of illegal drugs which does not prohibit probation for the accused.
Even though the original information charged the accused with an offense which does not allow
probation, his plea bargaining made him plead guilty to a lesser offense which allow probation.
People of the Philiipines vs. Eduardo Prieto
G.R. L-399, January 29, 1948
Accused was charged with multiple counts of treason. He was seen by different witnesses
executing acts with the Kempetai such as torturing guerrillas and accompanying the Japanese
forces. Different witnesses recount different events wherein the accused gave aid and comfort to
Japanese forces.
Whether or not treason can be complexed with other crimes such as murder
No. The giving of aid and comfort, as an element of treason, can only be accomplished
when some kind of action is executed and not merely a mental operation. When a deed to
accomplish in giving aid in comfort to the enemy is an offense and is an element of the crime of
treason, if charged, then such cannot be prosecuted in another charge. However, prosecution for
the separate common crimes may be if such are not charged as elements of treason.
People of the Philippine Islands vs. Ricardo Mendoza
G.R. L-39275, December 20, 1933
Accused slapped his teacher Iluminada Tinio while she was engaging in the performance
of her duties while in the premises of the high school building. The court then discussed the proper
crime as the question of whether a teacher is a person in authority or not.
Whether or not a public officer and a person in authority are the same
No, agents of authority are those by directly vested with jurisdiction, whether as an
individual or as a member of some court or governmental corporation. A public officer is a person
who shall perform public functions or duties in the government as an employee, agent or
subordinate official, of any rank or class, by direct provision of the law, popular election, or
appointment by competent authority.