Criminal Case Digest

Case No. 1

Republic of the Philippines G.R. No. 194446 April 21, 2014 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, PHILIPPINES, Plaintiff-Appellee, vs. HERMENIGILDO DELEN y ESCO ILLA, ILL A, Accused-Appellant. Accused-Appellant. Facts: On January January 29, 2008 the accused-app accused-appella ellant nt was charged for qualied qualied rape. The alleged crie of qualied rape was coitted !y the accused against """.

That on or about January 17, !!" at around #:!! o$cloc% &sic' in the (ornin) at *+++ and ithin the urisdiction of this /onorable 0ourt, the above-na(ed accused, (otivated by lust and led desi)ns, throu)h force and inti(idation, did then the n and there illfully illfully,, unlafully and feloniously have carnal %noled)e on one *AAA, a 1-year old (inor, a)ainst the latter$s ill. That the a))ravatin) circu(stances of (inority and relationship, the victi( bein) then a 1-year old (inor and dau)hter of the accused, are attendant in the co((ission of the offense. "

#$$%&' (hether or not the accused should !e con)icted of qualied rape* +uling' es, es, nder Article ##-2 of the Revised Penal 0ode, the cri(e of rape is

3ualified hen the victi( is under ei)hteen &14' years of a)e and the offender is a parent, ascendant, stepparent, )uardian, relative by consan)uinity or affinity ithin the third civil de)ree, or the co((on-la spouse of the parent of the victi(. The (inority of a rape victi( and her relationship, bein) the father of the victi(, victi(, the accused-appellant accused-appellant 3ualified the char)e of rape.

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Case No. 2 Facts:

Accused-appellant and his ife, 555, ere (arried on 6ctober 14, 17". They 8i ved to)ether since then and raised their four &9' children as they put up several businesses over the years. 2ut on July 1#,1, to 8nfor(ations for rape ere filed before the RT0 herein it as alle)ed that the accused raped his ife on to to separate occasions, the accused by (eans of force upon person did then and there ilfully,, unlafully and feloniously have carnal %noled)e ith the private ilfully co(plainant, her ife, a)ainst the latters ill.contrary to and and in ;iolation of R.A. 4<"<, the Anti-Rape =a of 17. "

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Issue: (hether or not the accused can !e con)icted of rape*

Held: Yes, under section Yes, section 1 of R.A 8353, it denes te ter! ter! "!an# in in denin$ ra%e. R.A. >o. 4<"< penali?es the cri(e ithout re)ard to the

rapists le)al relationship ith his victi(. Althou)h Althou)h the accused as the husband of the victi(, the accused can still be convicted of the cri(e of rape as lon) as all the ele(ents that constitute rape are present. the definition of rape in @ection 1 of R.A. >o. 4<"< pertains to: &a' rape, as traditionally %non &b' seBual assault and &c' (arital rape or that here the victi( is the perpetrators on spouse. The sin)le definition for all three for(s of the cri(e shos that the la does not distin)uish beteen rape co((itted in edloc% and those co((itted ithout a (arria)e. /ence, the la affords protection to o(en raped by their husband and those raped by any other (an ali%e.









FAC'(: On May 5, 2004, 2004, the accused Pareja Pareja was charged charged for the crime of rape rape by sexual assaul ass ault t The alleged crie of qualied rape was coitted !y the accused

against """. !ernabe Pareja y "ru#, being the common law spouse of the minor $ictim%s mother, through force, threats and intimidation, did then and there wil&l'fully, unlawfully and feloniously commit an act of sexual assault upon the person of &((( ) ', a minor *) years of age, by then and there mashing her breast and inserting his finger inside her $agina against her will

I(()*: (hether or not the accused !e con)icted of the crie of rape !y seual assault

H*+: es,  es, +nder section 2 of epublic (ct -o .)5) or the (nti/ape aw of *11, ape is committed by any person who, under any of the circumstances mentioned in paragraph * hereof, shall commit an act of sexual assault by inserting his penis into another person%s mouth or anall ori ana orific fice, e, or any instrume instrument nt or obj object ect,, int into o the gen genita itall or ana anall ori orific fice e of anot another her person ((( positi$ely and consistently stated that Pareja, in 3ecember 200), inserted his penis into her anus hile she may not ha$e ha$e been certain about about the details of the ebruary 2004 incident, she was positi$e that Pareja had anal sex with her in 3ecember 200), thus, clearly establishing the occurrence of rape by sexual assault 6n other words, her testimony on this account was, as the "ourt of (ppeals found, clear clear,, positi$e, and probable









Case No. 5 FAC'(: On arch 20, 20//, the accused-appellant was charged for qualied rape. The alleged crie of qualied rape was coitted !y the accused against """. +oel egara y 1la)ero, being the common law spouse of the minor $ictim%s mother, , with force and intiidation, did, then and there, willfully, unlawfully and feloniously had carnal nowledge with a inor, 9 years of age, 3"""4, without her consent and against her will. The accused-appellant pleaded not guilty guilty to the charge upon arraignent. arraignent.

#$$ue' (hether or not the accused !e con)icted con)icted of statutory statutory rape 5eld' es,  es, Rape under para)raph < of article ## of the Revised Penal 0ode is

ter(ed statutory rape as it departs fro( the usual (odes of co((ittin) rape. Chat the la punishes in statutory rape is carnal %noled)e of a o(an belo telve &1' years old. Thus, force, inti(idation and physical evidence of inury are not relevant considerations the only subect of in3uiry is the a)e of the o(an and hether carnal %noled)e too% place. The la presu(es that the victi( does not and cannot have a ill of her on on account of her tender years the child$s consent is i((aterial because of her presu(ed incapacity to discern )ood fro( evil. 8n the case at bar, the prosecution as able to establish beyond reasonable doubt that accused-appellant had carnal %noled)e %no led)e of AAA in the afternoon of @epte(ber 1, !!9, hen AAA as ust nine years old.









Case No. Facts: n (pril 22, 2005, the the accused Mer$in Mer$in 7ahi, was charged charged for the crime of rape defined under (rticle 288/( of the e$ised Penal "ode the abo$e/named accused, with deliberate intent and with lewd designs and by use of force and intimidation, armed with a 9nife, did then and there willfully, unlawfully unlawfully ) and feloniously had carnal 9nowledge with :sic; &((( ' against her will and a *8&/'year old girl, to her damage and prejudice 4 hen he was arraigned on -o$ember 4, 2002, appellant pleaded <-O= 7+6=>? 7+6=>? to the charges le$eled against him

Issue: (hether or not the accused is guilty of rape 5eld' es,  es, (rticle 288/( of the e$ised Penal "ode defines when and how the felony of rape is committed, to wit@ ape is committed /

chanobles$irt ualawlibrar y

*; !y a man who shall ha$e carnal carnal 9nowledge of a woman under any of the following circumstances@ :a; =hrough force, force, threat or intimidationA chanobles$ irtualawlibr ary

:b; hen the offended party is depri$ed of reason or is otherwise unconsciousA :c; !y means of fraudulent fraudulent machination or gra$e abuse abuse of authorityA :d; hen the offended party is under twel$e :*2; years of age or is demented, e$en though none of the circumstances mentioned abo$e be present (ccording to the prosecution, appellant used force or intimidation in order to successfully ha$e unlawful carnal 9nowledge of ((( =o be exact, appellant is alleged to ha$e utili#ed, on two occasions, a 9nife and the threat of bodily harm to









Case No. 7 Facts:

the petitioner as cau)ht in fla)rante delicto hile in the act of deliverin) 1.1" )ra(s and in actual possession of another 1!.74 )ra(s of (etha(pheta(ine hydrochloride &shabu' as a result of an entrap(ent operation conducted by the police on the basis of infor(ation received fro( 2enito Darcelo re)ardin) petitioners ille)al dru) trade. The petitioner as arrested upon the subse3uent sei?ure of a ba) of shabu inserted inside the cover of her chec%boo% that as ustified and le)al in li)ht of the prevailin) rule that an officer (a%in) an arrest (ay ta%e fro( the person arrested any property found upon his person in order to find and sei?e thin)s connected ith the cri(e. I(()*: /eter or not te accused 0e conicted for ille$al %ossession of dan$erous dru$s H*+: Yes, Y es, )nder section section 15 Article 888 of Republic Act >o. #9", also

%non as the Ean)erous Ean)ero us Eru)s Act of 17, as a(ended by b y Republic Act >o. 7#".in order To secure secure a conviction for ille)al sale of dan)erous dru)s, li%e shabu, the folloin) essential ele(ents (ust be duly established: &1' identity of the buyer and the seller, the obect, and consideration and &' the delivery of the thin) sold and the pay(ent therefor. @uccinctly, the delivery of the illicit dru) to the poseur-buyer, as ell as the receipt of the (ar%ed (oney (one y by the seller, successfully consu((ates the buy-bust transaction. /ence, hat is (aterial is the proof that the transaction or sale transpired, coupled ith the presentation in court of the corpus delicti as evidence. 8n the case at bench, the prosecution as able to establish the aboveenu(erated ele(ents beyond (oral certainty. <4

<











Case No.8 : FAC'(:

The accused-appellant, =u(aho as char)ed ith one count of the cri(e of 3ualified rape under Art. ##-A and 2 of the Revised Penal 0ode as a(ended in relation to Republic Act >o. 7#1!. in the (ornin) of Eece(ber, !!7, Asipulo, Asipulo, 8fu)ao, , the accused E8E then and there illfully illfully,, unlafully and feloniously by force and inti(idation have seBual intercourse ith one *AAA, a (inor, seven &7' years of a)e, at the ti(e of the co((ission of the offense and a dau)hter of the accused, a)ainst her ill and consent. The accused pleaded not )uilty to the offense char)ed. 

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I(()*: /eter or not te accuseda%%el accuseda%%ellant lant 0e conicted of ualied ra%e H*+: Yes, Y es, As conclusively proven by the prosecution, accused =u(aho

had carnal %noled)e of his 7-year-old child AAA throu)h force and inti(idation and the cri(e of rape as 3ualified because under Article ##2 of the Revised Penal 0ode, the cri(e of rape is 3ualified hen the victi( is under ei)hteen &14' years of a)e and the offender is a parent, ascendant, stepparent, )uardian, relative by consan)uinity or affinity ithin









Case No.4 :

FAC'(: Dales, without n October 25 200.,the accusedBappellant, Cdward (driano y Dales, being authori#ed by law, sell, deli$er, and gi$e away to a poseur buyer, #ero point twel$e :0*2; gram of a white crystalline substance, commonly 9nown as EshabuE which is a dangerous drug, in consideration of the amount of =w =wo o Fundred Pesos :Php20000; and was charged for for the crime of illegal sale of shabu punishable shabu punishable under Dection 5, (rticle 66 of the epublic (ct -o 1*85 :( -o 1*85;, otherwise 9nown as "omprehensi$e 3angerous 3rugs (ct :"33(; of 2002

hen arraigned, (driano pleaded not guilty to the crime charged

I(()*: /erter or not te accuseda%%el accuseda%%ellant lant !ust 0e conicted of ille$al sale of dan$erous du$s H*+: Yes, Y es, 6n prosecutions for illegal sale of dangerous drugs, the following two :2; elements must be duly established@ :*; proof that the transaction or sale too9 placeA and :2; the presentation in court of the corpus delicti or or the illicit drug as ** e$idence 6n the case at bar, bar, the prosecution duly established e stablished the two :2; elements@ :*; to account that the transaction or sale indeed too9 place, PO* Morales narrated the transaction in a clear and direct mannerA and :2; the sei#ed illegal ill egal drugs and mar9ed money were presented before the trial court as proof of the identity of the









Case No.1 : %eo%le  anda6a FAC'(:

On 3ecember *8, 2002 at !rgy !rgy Dan Gose Dico, !atangas "ity, the accusedB appellant, P(!6=O (-3(>( > C(-O, was alleged not being authori#ed by law, l aw, did then and there, willfully, unlawfully and feloniously, sell, dispense or deli$er, more more or less 001 gram:s; of Methamphetamine Fydrochloride :shabu;, a dangerous drug and was charged for for the crime of illegal sale of shabu shabu punishable punishable under Dection 5, (rticle 66 of the epublic (ct -o 1*85 :( -o 1*85;, otherwise 9nown as "omprehensi$e 3angerous 3rugs (ct :"33(; of 2002 +pon arraignment,) (ndaya pleaded not guilty to to the charge

I(()*: /H*'H*R R N' the ProsecutionHs nonBpresentation of the confidential informant was ad$erse to the Prosecution, indicating that his guilt was not pro$ed beyond reasonable doubt

H*+: N, =he nonBpresentation of the confidential informant as a witness does not ordinarily wea9en the DtateHs case against the accused Fowe$er, if the arresting lawmen arrested the accused based on the preBarranged signal from the confidential informant who acted as the poseur buyer, his nonBpresentation must be credibly explained and the transaction established by other ways in order to satisfy the Iuantum of proof beyond reasonable doubt because the arresting lawmen did not themsel$es participate in the buyBbust transaction with the accused









FAC'(: On (pril 21, 2008 at 2@)0 oHcloc9 in the th e morning, more or less, at "apitol ($enue, near 7aisano Mall, !utuan "ity, Philippines, and the accusedBappellant accused, conspiring and confederating together and mutually helping one another another,, with intent to 9ill, e$ident premeditation, and abuse of superior strength, did then and there willfully, unlawfully, unlawfully, and feloniously, attac9 and stab one M(J6M66("(DO-( > ("O6J, with the use of an ice pic9, hitting the latter at his left breast and left portion of his stomach, which directly caused his death (ccusedBappellants pleaded not guilty during their arraignment

I(()*: /eter or not te accuseda%%el accuseda%%ellant lant sould 0e conicted for !urder H*+: aggra$ating circumstance of e$ident e$iden t premeditation to be No, or the aggra$ating appreciated, the following must be pro$en beyond reasonable doubt@ :*; th e time when the accused determined to commit the crimeA :2; an act manifestly indicating that the accused clung to his determinationA and :); sufficient lapse of time between such determination and execution to allow him to reflect upon the circumstances of his act =he prosecution li9ewise failed to pro$e beyond reasonable doubt the aggra$ating circumstance of e$ident premeditation which would Iualify the 9illing of Maximillian to murder murder the e$ents leading to the stabbing of Maximillian by accusedBappellant (rnel happened swiftly and unexpectedly, une xpectedly, with accusedBappellant (rnel instantaneously inst antaneously and spontaneously stabbing Maximillian with a barbecue stic9 he found in the area (ccusedBappellant (rnel clearly had no opportunity for cool thought and reflection









FAC'(:

6n Au)ust !!1, in the afternoon, at Puro% 1A, baran)ay Poblacion, (unicipality of Ean)ca)an, province of 2u%idnon, Philippines, the accused, Porferio 2alino , ith led desi)n, did did then and there illfully, illfully, unlafully and cri(inally ith the use of force and inti(idation have seBual intercourse ith *AAA, an 4 year old child, a)ainst her ill. The accused as char)ed ith the cri(e of statutory rape. pon arrai)n(ent, the accused pleaded not )uilty to said char)e I(()*: /eter or not te accused is $uilt6 of te cri!e of statutor6 ra%e

H*+: Yes, Y es, seBual intercourse ith a )irl belo telve years of a)e is

statutory rape. Thus, force, inti(idation, and physical evidence of inury are not relevant considerations the only subect of in3uiry is the a)e of the o(an and hether carnal %noled)e too% place. The la presu(es that the victi( does not and cannot have a ill of her on on account of her tender years the child$s consent is i((aterial because of her presu(ed incapacity to discern )ood fro( evil. 8n the case at bench, AAA, hile recountin) her unfortunate ordeal, positively identified the accused as the perpetrator she never avered in this identification. 14

1











FAC'(:

authori?ed n February 1, !!", the accused-appellant , not bein) authori?ed by la to sell, deliver, transport, distribute or )ive aay to another any dan)erous dru)s, did then and there illfully, unlafully and feloniously, @== A>E A>E E=8;R to P6 JAAFA JAAFAR R /. JAD28RA>, a (e(ber of the P>P,, ho acted as buyer, to &' heat sealed transparent plastic sachet P>P each containin) hite crystalline substance havin) a total ei)ht of !.!!# )ra(, hich hen subected to 3ualitative eBa(ination )ave positive result to the tests for the presence of orth of o f DT/ADP/TAD8> DT/ADP/TAD8> /GER60/=6R8E &shabu', %noin) the sa(e to be a dan)erous dru). The appellant-accused as char)ed ith the cri(e of ille)al sale of dan)erous dru)s. 6n 19 April !!", appellant, assisted by his counsel, pleaded not )uilty to the cri(e char)ed. I(()*:









FAC'(:

6n Darch #, 14, the accused-appellant ,Rosendo A(aro, by (eans of deceit at the be)innin) and of force and inti(idation later and ith led desi)ns, did then and there illfully illfully,, unlafully and feloniously abduct one *AAA, a seven &7' year old )irl, by forcin) her and too% her to his house and ithout any ustifiable reason, accused detained and deprived her of her liberty for a period of tenty ei)ht &4' *sic days that hile she is bein) detained accused R6@>E6 ADAR6 had carnal %noled)e of said AAA all co((itted a)ainst her ill. The accusedappellant as char)ed ith the cri(e of forcible abduction ith rape. <

The accused- Appellant pleaded not )uilty for the cri(e char)ed.

I(()*: /eter or not te accuseda%%e accuseda%%ellant llant sould 0e conicted of te co!%le7 cri(e of forcible abduction ith rape.









FAC'(:

Eurin) the period fro( 14 to Au)ust !!1, the accused-appellant, @tanley 2una)an y Juan bein) then the uncle of HAAAH, (inor, 1# years of a)e, by (eans of force and inti(idation, did then and there ilfully, unlafully and feloniously have carnal %noled)e of the co(plainant a)ainst her ill and consent. 

The accused-appellant as char)ed ith the cri(e of rape. I(()*: /eter or not te accuseda%%e accuseda%%ellant llant sould 0e conicted of te cri(e of rape. H*+: Yes, te accused sould Yes, sould 0e conicted conicted of ra%e.)nder ra%e.)nder article 2--A of te reised %enal code Rape (ay be co((itted by a (an

havin) carnal %noled)e of a o(an throu)h threat or inti(idation. 8n the 14









FAC'(:

Day11,, !!, , the accused-appellant, Ieor)e apata y n Day11 ;iana hile ar(ed ith a .9" caliber pistol, bein) the husband of victi( K>G APATA G R@P, ith intent to %ill, treachery and evident pre(editation, durin) ni)htti(e, ni)h tti(e, did then and there illfully, unlafully and feloniously attac%, assault and *shoot said victi( K>G APATA G R@P on *her left chest thereby causin) (ortal ounds hich caused her death soon thereafter. The accused-appellant as char)ed ith the cri(e of parricide. The accused-a ppellant entered a plea of not )uilty hen arrai)ned on June ", !!. I(()*: /eter or not te accuseda%%el accuseda%%ellant lant is $uilt6 of %arricide H*+:









Case No.1: %eo%le  Re6es FAC'(:

@o(eti(e in the (onth of Day, !!, , the accused-appellant, CHARLES RE!ES y MARASIGAN M ARASIGAN,, (otivated by lust and led desi)n, and by (eans of force and inti(idation, in ti(idation, illfully, illfully, unlafully and feloniously did lie, and succeeded in havin) carnal %noled)e *of *AAA, an eleven &11' year-old*- dau)hter of his co((on-la ife, a)ainst her ill and ithout her consent, to the da(a)e and preudice of the latter.The accused-appellant as char)ed ith the cri(e of 3ualified rape.

Chen arrai)ned, the accused-appellant pleaded not )uilty to the cri(e char)ed.

I(()*: /eter or not te accuseda%%el accuseda%%ellant lant is $uilt6 of ualied











Case No.18: %eo%le  'rai$o FAC'(:

8n its July 1#, !! decision, the RT0 convicted the accusedappellant, Fred Trai)o of the cri(e 3ualified rape for the seBual abuse co((itted a)ainst AAA @epte(ber !!9,. 8t found credible AAA$s AAA$s testi(ony that the appellant inserted his penis into her va)ina and her testi(ony as as corroborated by the 8nitial Dedico-=e)al Report shoin) that she suffered deep-healed hy(enal lacerations. The 0A also ruled that the eBact date of the rape is i((aterial, and that AAA$s AAA$s delay in reportin) the incident of rape rap e as understandable since the appellant threatened to %ill her (other, 222, if she ould reveal the incident to anyone. The accused-appellant as









Case No.14: %eo%le  /ata!a!a FAC'(:

6n # 6ctober 14, Francisco Arobo, Jr. &Arobo', 0ali(, and five other far(ers ere at the far( of Ali @a(ad &@a(ad' located in @itio Datin)ao, Dalapa), 0ar(en, 0otabato. They ere plou)hin) the unplanted area, hile @a(ad as tendin) his corn plants. Arobo as five (eters ahead of 0ali( hen the for(er heard )unfire co(in) fro( behind. Arobo i((ediately loo%ed to the rear and sa Didti(ban) and appellant firin) )arand rifles at 0ali(, ho as then slu(ped near his plo. Didti(ban) and appellant ere positioned ten &1!' (eters apart and five (eters obli3uely behind 0ali(. 2ecause of the successive )unshots, Arobo and









Case No.2: %eo%le  'a!a6o FAC'(:

>or(an Pleno , Cilson Kuinto &', Alvin /ernae? &', and =eonard Diranda &' testified that in the early (ornin) of April 4, !!9, hile Joey D. 6ba(en &', Cilson, Alvin, and =oren?o Iloria &' ere havin) drin% and (erri(ent beside the 8)lesia >i 0risto &' chapel chap el on =acson @treet @tree t in Tondo, Tondo, Danila, so(eone hurled e(pty bottles of )in at the(. Retaliatin), Joey and his )roup thre stones and e(pty )in bottles at accused rin and his co(panions. nra)ed, the latter )roup )ave chase to Joey and the others ith hi(. nfortunately, Joey tripped on an iron chain that )uarded the 8>0$s par%in) area and fell to the )round. /e as in <

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Case No.3: %eo%le 
the police stopped hi(. h i(. @P61 A(ado Dirasol, Jr. searched and found four sachets of suspected shabu and the (ar%ed (oney on Junaide. @ubse3uently, the police brou)ht accused Junaide to the police station here @P61 Dirasol (ar%ed the four sachets sei?ed fro( hi( and turned these over to the case case investi)ator, @P61 Federico =indo, Jr The









ite(s by the arrestin) officer or the poseurLbuyer. poseurLbuyer. This (ust be done in in the presence of the accused shortly after arrest 8n the case at bar, co(pliance ith the re3uire(ent of (ar%in) is not clear. Thus Iuilt in that char)e has not, therefore, been proved beyond reasonable doubt

Criminal Case Digest

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