Del Castillo and Recent SC Decisions in Criminal Law (Campanilla).docx

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Del Castillo and Recent SC Decisions in Criminal Law (Campanilla).docx

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DEL CASTILLO’S CASES (2009-2018) (2009 -2018) AND RECENT SC DECISIONS JUDGE MARLO CAMPANILLA CAMPANILLA

Warning: This is the intellectual property of Judge Campanilla. Copying any parts of this work in writing materials or book for publication without proper attribution is prohibited by law

DEL CASTILLO’S CASES AND RECENT SC DECISIONS

BY JUDGE MARLO CAMPANILLA

1. Territoriality - For purpose of venue and territoriality principle in Artic the Revised Penal Code, the place of commission of the criminal act and the pl occurrence of the effect of such act which is an element of the offense shall be consi If one pulled the trigger of his gun in Quezon City and hit the victim in manila wh as a consequence, Quezon City and manila, which are the places of commission criminal act and the occurrence of the criminal effect, are proper venues. psychological violence consisting of marital infidelity punishable under RA No. 9 committed in a foreign land but the psychological effect occurred in the Philippines the wife and the children of the respondent, who suffered mental anguish, anguish, are resid the Philippines, our court can assume jurisdiction (see: AAA vs. BBB, G.R. no. 21 January 11, 2018). However, However, if the commission commission of the criminal criminal act consumma crime and the effect thereof is not an element of the crime, the place of occurrence effect shall not be considered for purpose of venue and territoriality rule. B committed in a foreign land is beyond the jurisdiction of our court although the of spouse is residing in the Philippines since the psychological effect of bigamy to is not an element thereof.

2. Self-defense - For unlawful aggression to be appreciated, there must "actual, sudden and unexpected attack, or imminent danger thereof, not me threatening or intimidating attitude" and the accused must present proof of pos strong act of real aggression. For this reason, Danny’s observation that one of th was pulling an object from his waist is not a convincing proof of unlawful aggre Threat, even if made made with a weapon weapon or the belief belief that a person was about about to be att is not sufficient. An intimidating or threatening attitude is by no means enough. I case, other than the self-serving allegation of Danny, there is no evidence sufficientl and convincing that the victim indeed attacked him (People v. Campos, G.R. No. 1 July 4, 2011, J. Del Castillo ).

3. Minority - If the accused accused is 15 years of age or below, minority is an exem circumstance (Section 6 of RA No. 9344). Lack of discernment is conclusively pres If the child is above 15 years of age, age, minority is an exempting circumstance if he without discernment, or privilege mitigating circumstance if he acted with discern This privilege mitigating circumstance circumstance shall be appreciated appreciated even if minority proved during the trial and that his birth certificate was belatedly presented on a (People vs. Agacer, G.R. No. 177751, January 7, 2013, J. Del Castillo ) and even penalty is reclusion perpetua to death (People vs. Ancajas, G.R. No. 199270, Octob 2015). 4. Mitigating circumstance - Mitigating circumstance of praeter intentionem be appreciated when there is a notable disparity between the means employed b  accused to commit a wrong and an d the resulting crime criSign me up committed. to vote on thisThe title intention accused at the time of the commission of the crime is manifested from the weapon  Useful  Not useful the mode of attack employed, and the injury sustained by the victim (Peop Buenamer, G.R. No. 206227, August 31, 2016).

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Covering his face with a bonnet during the shooting incident conceal his id constitutes disguise as an aggravating circumstance (People vs. Tirso, G.R. No. 21 March 29, 2017).

In robbery with violence and intimidation against persons, dwelling is aggra because in this class of robbery, the crime may be committed without the neces trespassing the sanctity of the offended party's house. It is considered an aggra circumstance primarily because of the sanctity of privacy that the law accords human abode (People vs. Bringcula, G.R. No. 226400, January 24, 2018).

Treachery is not a qualifying qualifying circumstance circumstance but "a generic aggravating aggravating circum to robbery with homicide although said crime is classified as a crime against pr (People vs. Baron, G.R. No. 185209 June 28, 2010, J. Del Castillo ). When ab superior strength obtains in the special complex crime of robbery with homicide, i be regarded as a generic circumstance, robbery with homicide being a composite with its own definition and special penalty in the Revised Penal Code (People vs. T G.R. No. 189850, September 22, 2014, J. Del Castillo ).

6. Compound crime - Slapping and pushing a public school teacher, a per authority, against a wall divider, while engaged in the performance of duty is assault. Accused initiated her tirades against the teacher. The fact that the te retaliated by similar verbal invectives against the accused, does not mean that sh person in authority already descended descende d to the level of a private person. If the victim su abortion, the offender is liable for complex crime of direct assault with uninten abortion since single act of assaulting a person in authority constitutes two c However, in this case, the prosecution failed to prove that the proximate cause abortion is the commission of direct assault since no doctor, who examined her, w presented as witness to testify on the causal connection connect ion between the two (Gelig vs. P G.R. No. 173150 July 28, 2010, J. Del Castillo).

7. Complex crime proper - When the offender commits on a public, offi commercial document any of the acts of falsification enumerated in Article 171 necessary means to commit another crime like estafa, theft or malversation, th crimes form a complex crime proper (Tanenggee vs. People, G.R. No. 179448 Ju 2013, J. Del Castillo ).

The falsification of a public, official, or commercial document may be a me committing estafa, because before the falsified document is actually utilized to d another, the crime of falsification has already been consummated, damage or int cause damage not being an element of the crime of falsification of public, offic commercial document. In other words, the crime of falsification has already ex Actually utilizing that falsified public, official or commercial document to defraud an  falsifi is estafa. But the damage is caused by the commission nottitle by the Sign upoftoestafa, vote on this of the document. Therefore, the falsification falsifi cation of the public, official or commercial doc  Useful  Not useful is only a necessary means to commit estafa (Tanenggee vs. People, G.R. No. 179448 26, 2013, J. Del Castillo ; People v. Go, G.R. No. 191015, August 6, 2014, J. Del Cas

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involving the duty to make delivery or return such as lease, deposit, commodatu quasi-contract, misappropriation shall be considered as estafa through convers misappropriation (Chua-Burce vs. CA, G.R. No. 109595, April 27, 2000; D’Aigle vs. P G.R. No. 174181, June 27, 2012, J. Del Castillo ). If the accused received the propert the consent of the owner and he acquired ownership in doing so by virtue of a co such as sale, mutuum or loan, failure to perform obligatio n under such contract is n theft nor estafa since the same is purely civil in character (People vs. Montemayor No. L-17449, August 30, 1962).

As a rule, the possession of the employee such as bank teller, collector or custodian is only physical. Hence, misappropriation of property is qualified theft. of confidence is present since the property is accessible to the employee ( Chua-Bu CA, G.R. No. 109595, April 27, 2000; People vs. Tanchanco, G.R. No. 177761 Ap 2012, J. Del Castillo). However, if the employee is an officer of the company discretion on how to use property or fund of the company to further its interes possession is juridical; hence, misappropriation thereof is estafa. Thus, the fol officers are liable for estafa for misappropriating company property: a. A bank pre who held the money in trust or administration for the bank in his fiduciary capacit discreti discretion on on how to to adminis administer ter such such fund fund (People (People vs. Go, G.R. G .R. No. 191015, 1910 15, August Augus t 6 J. Del Castillo ); b. A corporate treasurer who received the money for safe-keepin administration (U.S. vs. Sevilla, G.R. No. 18056, March 16, 1922; c. A corporate with discretion option on how to use bending machine without the participation corporation (D’ Aigle Aigl e vs. People, Peo ple, G.R. No. No. 174181, 174181, June June 27, 2012, 2012, J. Del Castillo). Ho in Remo vs. Devanadera, G.R. No. 192925, December 9, 2016, the Supreme Court that directors of a corporation have no juridical possession over the corporate fund

b. Receiving the property through deceit - If the accused received the pr through deceit but he merely acquired physical possession in doing so, misappropr shall be considered as taking without consent; hence, hence , the crime committed is theft vs. Maglaya, L-29243, November 28, 1969, L-29243). If the bank president received fund through deceit by using falsified loan documents with fictitious borrower misappropriated the money, he is liable for complex crime of complex crime of through misappropriation misappropriation through falsification of commercial documents. documents. His poss over the funds is legal. He did not acquired ownership ownersh ip over the property since he is h the bank fund under trust or administration administration in his fiduciary capacity capacity (People vs. Go No. 191015, August 06, 2014, J. Del Castillo ; Soriano v. People, G.R. No. 1 February 1, 2010, J. Del Castillo ). If a bank manager received bank fund through by using falsified promissory note with fictitious borrower and falsified endorseme the check issued by the bank, he is liable for complex crime of estafa through pretense through falsification of commercial documents (Tanenggee v. People, G. 179448, June 26, 2013, J. Del Castillo ). If a bank employee stole blank cashier falsified the authorized authori zed signatory of the check, and received money from the bank th  deceit by presenting the falsified check for encashment, he is liable for complex cr Sign up to vote on this title qualified theft through falsification of commercial document. document. Deceit shall be cons Useful Not useful  was as a continuation and natural development of the theft, which previously comm (People vs. Salonga, G.R. No. 131131, June 21, 2001).

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evidence, the same shall not be appreciated in carnaping since RA No. 10883, th carnapping law, did not adopt the technical nomenclature of the penalty und Revised Penal Code (e.g. the penalty for simple carnapping is not more than 20 yea not less than 30 years). Since the penalty is not borrowed from the Code, it can applied in its maximum period by taking into consideration syndicated or organize group.

Reclusion perpetua, which has duration of 40 years under Article 27 of RP 30 years under Article 29 of RPC as amended by RA No. 10592 if the convict has und preventive imprisonment imprisonment , is a lighter penalty than life imprisonment, which h duration. Amendatory law, which prescribes reclusion perpetua instead o imprisonment, shall be given a retroactive effect for being favorable to the accused ( vs. Morilla, GR No. 189833, February 5, 2014; Ho Wai Pang v. People, G.R. No. 1 October 19, 2011, J. Del Castillo ).

Reclusion perpetua, which has duration of 40 years under Article 27 of RP 30 years under Article 29 of RPC as amended by RA No. 10592 if the convict has und preventive imprisonment imprisonment , is a lighter penalty than life imprisonment, which h duration. Amendatory law, which prescribes reclusion perpetua instead o imprisonment, shall be given a retroactive effect for being favorable to the accused ( vs. Morilla, GR No. 189833, February 5, 2014; Ho Wai Pang v. People, G.R. No. 1 October 19, 2011, J. Del Castillo ).

Accused was found guilty of parricide punishable by the penalty of perpetua to death. Applying rules for application of indivisible penalties (Article 6 lesser penalty of reclusion perpetua shall be applied if there are two miti circumstance. The penalty cannot be lowered to reclusion temporal, no matter how mitigating circumstances are present. The special mitigating circumstance is fou rules for application of divisible penalties (Article 64), which is not applicable becau penalty is not divisible (People vs. Takbobo, G.R. No. No. 102984, June 30, 1993; P vs. Sales, G.R. No. 177218 October 3, 2011, J. Del Castillo). The Takbobo princ also applicable if the penalty prescribed by law for the crime committed is a indivisible penalty such as reclusion perpetua.

Under Article 78 of RPC, no penalty shall be executed except by virtue of a judgment. Subsidiary Subsidiary imprisonment imprisonment is a penalty since under Article 39 of RPC imposed upon the accused and served by him in lieu of the fine which he fails to p account of insolvency. Where the judgement finding the accused guilty does not im subsidiary imprisonment in case of non-payment of fine by reason of insolvency, the could not legally compel him to serve said subsidiary imprisonment. To rule otherw to violate RPC and the constitutional provision on due process (People vs. Alapan No. 199527, January 10, 2018). Sign up to vote on this title

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9. Failure to render an accounting - In People vs. Lumauig, G.R. No.166680  Useful  Not useful 7, 2014, J. Del Castillo , the accused received cash advance for payment of the insu coverage of motorcycles purchased by the Municipality in 1994. Under COA Cir accused is required to liquidate the same within 20 days after the end of the year

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January 25, 2012; People vs. Devalos, G.R. No. 145229, April 20, 2006). However accountable officer did not misappropriate the cash advance since he was able to ac the same, but the accounting was delayed for more than two months after such acc should be rendered, the crime committed is failure to render an accounting (Peop Lumauig, supra).

Same as in malversation, return of the money in the amount in whic accountable officer failed to render an accounting is a mitigating circumstance anal to voluntary surrender (People vs. Lumauig, G.R. No.166680, July 7, 2014, Castillo).

10. Murder or homicide - Firing his firearm at the residence of the victims, two and inflicting injuries another murder and attempted murder qualified b circumstance of treachery (People vs. Tirso, G.R. No. 214757, March 29, 2017).

Usually, the intent to kill is shown by the kind of weapon used by the offend the parts of the victim’s body at which the weapon was aimed, as shown by the w inflicted. Hence, when a deadly weapon, like a bolo, is used to stab the victim latter’s abdomen, the intent to kill can be presumed (Roque vs. People, G.R. No. 1 April 6, 2015, J. Del Castillo ).

In parricide, if the victim is his parent or child, the relationship can eith legitimate or illegitimate ; if the victim is the spouse, grandparent or grandchil relationship must be legitimate (People vs. Gamez, GR No. 202847, October 23, People v. Sales, G.R. No. 177218 October 3, 2011, J. Del Castillo ). Relations parricide is by blood except where the victim is spouse (Regalado). The qua circumstance of relationship relation ship in parricide is personal. Hence, it can be appreciated a the wife but not against a co-conspirator, who is not related to her husband, the (People vs. Bucsit G.R. No. 17865, March 15, 1922).

11. Rape - In rape through sexual intercourse (organ rape or penile rape), must be evidence to establish beyond reasonable doubt that the perpetrator’s touched the labia of the victim or slid into her female organ, and not merely strok external surface thereof, to ensure his conviction of rape by sexual intercourse. In by sexual assault, the perpetrator commits this kind of rape by inserting his pen another person’s mouth or anal orifice, or any instrument or object into the gen anal orifice of another person. It is also called "instrument "instrument or object rape", also free rape", or the narrower "homosexual rape" (People vs. Gaduyon, G.R. No. 18 November 11, 2013 J. Del Castillo ).

If the accused commits rape and acts of lasciviousness, the latter is absorb the former (People vs. Dy, G.R. Nos. 115236-37, January 29, 2002). But the doctr  absorption is not applicable to rape through sexual Signassault. up to voteInserting on this title lighted cig into the genital orifice and anal orifice of the victim andUseful raping her constitutes two c   Not useful of rape by sexual assault and rape through sexual intercourse (People vs. Crisostom No. 196435, January 29, 2014, J. Del Castillo ). Inserting the penis into the mouth victim and into her genital orifice constitutes rape through sexual assault and orga

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If the crime charged is rape, but the crime proven is acts of lasciviousnes accused will be convicted of the latter because of the variance rule. Acts of lasciviou is a lesser crime, which is necessarily included in the charge of rape. If the crime ch is rape through sexual intercourse, but the crime proven is rape through sexual as the accused cannot be convicted of the latter. The variance rule is not applicable rape through sexual assault is not necessarily included in the charge of  rape th Sign up to vote on this title sexual intercourse. The elements of these two crimes are materially and substa useful different. In such case, the accused will be convicted of acts of Not lasciviousness, wh  Useful necessarily included in the charge of rape through sexual intercourse (People vs. P GR No. 202122, January 15, 2014; People vs. Cuaycong, G.R. No. 196051, Octob

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In the information for rape, it was alleged that rape committed thru forc intimidation. But the evidence shows that the victim was under the sta unconsciousness. However, the information, which fails to allege that the offens committed while the victim was unconscious, is deemed cured by the failure accused to question before the trial court the sufficiency of the information or failure to object to the presentation of evidence tending to establish that the crim committed through such means. Apparently, accused participated in the trial w raising any objection to the prosecution's evidence. evidence . Besides, the victim’s unconsciou was the direct result of the force employed by accused when he boxed the former stomach (People vs. Lagangga, G.R. No. 207633 December 9, 2015, J. Del Castillo

Among the amendments of the law on rape introduced under RA No. 83 Section 266-D, 266-D, which provides “Any “ Any physical overt act manifesting resistance again act of rape in any degree from the offended party, or where the offended party is so si as to render her/him incapable of giving valid consent, may be accepted as evidence prosecution prosecution rape rape ” (People (People vs. Sabadlab, G.R. No. 175924, March 14, 2012). The legis agreed that Article 266-D is intended to soften the jurisprudence on tenacious resi (People vs. Dulay, G.R. Nos. 144344-68, July 23, 2002). Indeed, failure to offer ten resistance does not make the submission sub mission by the victim to the criminal acts act s of the ac voluntary. What is necessary is that the force employed against her be suffici consummate the purpose which he has in mind (People vs. Olesco, G.R. No. 174861 11, 2011, J. Del Castillo; People vs. Nachor, G.R. No. 177779, December 14, 20 Del Castillo). Failure to shout should not be taken against the victim (People vs. R GR No. 200508, September 04, 2013; People vs. Rubio, G.R. No. 195239, March 7, People vs. Penilla, GR No. 189324, March 20, 2013). It is not necessary for the vic sustain physical injuries. She need not kick, bite, hit or scratch the offender wi fingernails to prove that she had been defensive (People vs. Torres, G.R 134766, January 16, 2004). Well-settled is the rule that where the victim is threa with bodily injury, as when the rapist is armed with a deadly weapon, such as a knife, ice pick or bolo, such constitutes intimidation sufficient to bring the vic submission to the lustful desires of the rapist (G.R. No. 176740 June 22, 2011, Pe Dumadag, J. Del Castillo ).

Knowledge of the mental disability of the victim is not an element of rape ( vs. Caoile, GR No. 203041, June 5, 2013) but it is an ingredient of the qua circumstance of mental disability, which must be alleged in the information (Peop Obogne, GR No. 199740, March 24, 2014; People vs. Lascano, G.R. No. 192180, 21, 2012; (People v. Madeo, G.R. No. 176070 October 2, 2009, J. Del Castillo )

If the female consents to have sexual intercourse with the accused, bu withdraws her consent before penetration, and the act is accomplished by force, it i (People vs. Butiong, G.R. No. 168932, October 19, 2011). However, if the female  consents to have sexual intercourse with the accused, withdraws Signbut up tothen vote on this title her cons the course of sexual intercourse because she felt pain, and the act is not rape. It  Useful  Not useful be unfair to convict a man of rape committed against against a woman who, after giving h impression thru her unexplainable silence of her tacit consent and allowing him to sexual contact with her, changed her mind in the middle and charged him with rap

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2. In the absence of a certificate of live birth, similar authentic documents su baptismal certificate and school records which show the date of birth of the victim suffice to prove age.

3. If the certificate of live birth or authentic document is shown to have bee or destroyed or otherwise unavailable, the testimony, if clear and credible, of the v mother or a member of the family either by affinity or consanguinity who is quali testify on matters matter s respecting pedigree such as the exact age or date of birth of the off party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient the following circumstances:

a. If the victim is alleged to be below 3 years of age and what is sought to be p is that she is less than 7 years old;

b. If the victim is alleged to be below 7 years of age and what is sought to be p is that she is less than 12 years old; c. If the victim is alleged to be below 12 years of age and what is sought to be is that she is less than 18 years old.

4. In the absence of a certificate of live birth, authentic document, document, or the test of the victim’s mother or relatives concerning the victim’s age, the complai testimony will suffice provided that it is expressly and clearly admitted by the accu 5. It is the prosecution that has the burden of proving the age of the offende The failure failure of the accused to object object to the testimonial testimonial evidence regarding age shall taken against him. 6. The trial court should always make a categorical finding as to the age victim People vs. Albalate, G.R. No. 174480 December 18, 2009, J. Del Castillo).

The Maria Clara or women’s honor doctrine is a standard used by the co assessing the credibility of a rape victim. Under this principle, women of decent r especially Filipinos, would not publicly admit that she has been sexually abused, u that is the truth, for it is her natural instinct to protect her honor. However, the f setting in 1960 when the "women's honor" doctrine surfaced in our jurisprudence it is natural for a woman to be reluctant in disclosing a sexual assault. Howeve women today have over the years transformed into a strong and confidently inte and beautiful person, willing to fight for her rights. Thus, in assessing the credibili rape victim, the Maria Clara standard should not be used. The testimony of the must be evaluated without gender bias or cultural misconception. It is important to out the Maria Clara notions because an accused may be convicted solely on  t he test Sign up to vote on this title of the victim (People vs. Amarela, G.R. Nos. 225642-43, January 17, 2018, the Su  Useful  Not useful Court, Third Division). 12. Piracy - Under Section 2(a) of PD 532, "Philippine waters" is defined as

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party that might create a high degree of confidence between them which the app abused (People vs. Tanchanco, G.R. No. 177761 April 18, 2012, J. Del Castillo ).

The value of jewelry is not a matter of public knowledge knowledge nor is it capa unquestionable demonstration and in the absence of receipts or any other com evidence besides the self-serving valuation (P1 million) made by the complainan courts may either eit her apply the lowest l owest penalty under unde r Article 309 or fix the value property taken based on the attendant circumstances of the case. In this case, the imposed the lowest penalty (People vs. Mejares, G.R. No. 225735, January 10, 201

14. Robbery by using force upon thing - A store used as a house is not a dw for purpose of appreciating the aggravating circumstance of disregard of dwell dwelling must be a shelter exclusively used for rest and comfort (US vs. Baguio, G. 5332, October 4, 1909). However, for purpose of tresp ass to dwelling and robbery by force upon thing, a store used as a house is a dwelling or inhabited house (Peop Tubog, G.R. No. L-26284, Nov. 17, 1926; People vs. Lamahang, G.R. No. 43530, A 3, 1935). For purpose of robbery by using for upon thing committed inside the located at the first floor while the second floor is used as a dwelling, a store sh considered as a dependency of an inhabited house (U.S. vs. Ventura, G.R. No. L-1 January 22, 1919). For purpose purpose of robbery robbery by using for upon thing committed ins ins store, which is not used as a house, the store shall be considered as a private bu (Marquez vs. People, G.R. No. 181138 December 3, 2012, J. Del Castillo ).

The Information did not specify whether the robbery with force upon thing committed in an inhabited house, or uninhabited house or private building. It m stated that accused committed the robbery by destroying the door lock of the stall. they can only be convicted of the lesser crime of robbery in a private building (Ma vs. People, G.R. No. 181138 December 3, 2012, J. Del Castillo).

15. Falsification - Commercial documents such as promissory note and are, in general, documents document s or instruments which are "used by merchants or busine to promote or facilitate trade or credit transactions (Tanenggee vs. People, G. 179448 June 26, 2013, J. Del Castillo ).

16. Perjury - Person cannot be held liable for perjury involving a complaint af for theft based on the execution of affidavit of desistance. There is no perjury sol the basis of two contradictory statements. The prosecution must additionally prove of the two statements is false and must show the statement to be false by evidence than the contradictory statement (U.S. vs. Capistrano 40 Phil. 902; Masangkay vs. P G.R. No. 164443, June 18, 2010, J. Del Castillo ).

17. Estafa through misappropriation - Demand is not an element of the  or a condition precedent to the filing of a criminal estafa. Indee Signcomplaint up to vote on for this title accused may be convicted of estafa if the prosecution misappropriati  Useful proved  Not useful conversion by the accused of the money or property subject of the Information prosecution for estafa, demand is not necessary where there is eviden misappropriation or conversion (People v. Go, G.R. No. 191015. August 6, 2014,

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19. Collective responsibility - When a homicide takes place by reason or occasion of the robbery, all those who took part shall be guilty of the special co crime of robbery with homicide whether or not they actually participated in the k unless there is proof that they had endeavored to prevent the killing (Crisostom People, G.R. No. 171526 September 1, 2010, J. Del Castillo ; People vs. Bongos, G. 227698, January 31, 2018, Justice Peralta).

Corpus delicti refers to the fact of the commission of the crime charged or body or substance of the crime. In its legal sense, it does not refer to the ransom in the crime of kidnapping for ransom or to the body of the person murdered weapons used in the commission of robbery with homicide (People vs. Torres, G. 189850, September 22, 2014, J. Del Castillo ).

20. Libel – The billboards billboards erected by accused accused simply say "CADIZ FORE "BADING AND SAGAY NEVER". According to complainant, Mayor of Cadiz, nickname is bading, the statement portrayed him as tuta of the City of Sagay. Acc to the Supreme Court, there is nothing in the subject billboards which state, directly or indirectly, that he is a "tuta" or "puppet" of Sagay City. Except for compla not a single prosecution witness testified that the billboards portray him as a "t "puppet" of Sagay City. The controversial statement embarrassed the complainan embarrassment is not automatically equivalent to defamation. Words, which are m insulting or offensive, are not actionable as libel or slander per se. A public officia be attacked, rightly or wrongly. He may suffer under a hostile and an unjust accu for an act committed in connection with his public function. But he must not be too skinned with reference to comments upon his official acts (Lopez vs. People, G. 172203 February 14, 2011, J. Del Castillo).

In Manila Bulletin Publishing Corporation vs. Domingo, G.R. No. 170341, J 2017, the accused published an article where he stated that these national emp should be commended for bringing into the open this garbage that has piled up in the backyard. To Joe Con's successor, the chopping board is ready. All you need is a M kris! Palakulin mo, Pare ko! . This is not libelous. On the first statement, accused is m commending the DTI employees who brought into the open their complaints again private complainant in this case, a DTI officer. This is a fair remark. The last sentences merely meant that heads should roll at the DTI office, which does not a something deprecating against complainant. Moreover, the statement does not refer ascertained or ascertainable person.

In Belen vs. People,G.R. No. 211120, February 13, 2017, accused filed a m  for reconsideration of resolution dismissing a complaint with irrelevan Sign up tofor voteestafa on this title defamatory statement against the investigating prosecutor was filed with the OCP  Useful  Not useful Pablo City and copy furnished to the respondent in the estafa complaint, and the of the Secretary of Justice. Despite the fact that the motion was contained in envelopes, it is not unreasonable unreasonab le to expect that persons other than the one defamed de famed

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Before a statement would come within the ambit of a privileged communicat must be established that: "1) the person who made the communication had a legal, or social duty to make the communication, or at least, had an interest to protect, interest may either be his own or of the one to whom it is made; 2) the communica addressed to an officer or a board, or superior, havi ng some interest or duty in the m and who has the power to furnish the protection sought: and 3) the statements communication are made in good faith and without m In the instant case, accused addressed the memorandum pertaining to the m condition of the complainant not only to the Plant Manager but also to the staff o Undoubtedly, the staff of HPP were not accused's superiors vested with the po supervision over the complainant. They do not have the power to furnish the prot sought. Though private respondent is a public officer, certainly, the defamatory re are not related or relevant to the discharge of her official duties but was purely an on her mental condition which adversely reflect on her reputation and dignity (Laga People G.R. No. 176251, July 25, 2012, J. Del Castillo ).

21. RA No. 3019 – Section 3 of RA No. 3019 reads: “In “ In addition to acts or omi of public officers already penalized by existing law, the following shall constitute c practices of any public officer.” officer.” It is clear then that one may be charged with viola RA No. 3019 in addition to a felony under the Revised Penal Code for the sam (Ramiscal, Jr. vs. Sandiganbayan, G.R. Nos. 169727-28, August 18, 2006). Thu offender in addition to violation of Section 3 RA No. 3019 can be held liable for falsifi of document by public official (Suero vs. People, G.R. No. 156408, January 31, 200 malversation through falsification of document (Pajaro, G.R. Nos. 167860-65, Ju 2008) or failure to render an accounting accounting (Lumauig (Lumauig vs. People, G.R. No. 166680, 166680, J 2014, J. Del Castillo ).

Under Section 3 of RA No. 3019, any incumbent public officer, against who criminal prosecution under a valid information for crime of corruption under RA crimes committed by public officer under the RPC or for any offense involving fraud government or public funds or property is pending in court, shall be suspended office. The allegation of falsification of the three public documents by making it a that the flood control cont rol project was 100% complete when in fact it was not consti tutes upon public funds, which is a ground to preventively suspend a public officer (Abd Sandiganbayan, G.R. No. 184496 December 2, 2013, J. Del Castillo ).

It cannot be denied that the transfer of the vehicles to SFWD was made to e the success of the implementation of the waterworks projects in the province. The of Donation expressly provided that the subject vehicles shall be used for the purpose. There is no showing that th at the accused acted in bad faith in donating the ve Accused was acquitted of violation of RA No. 3019 (Bustillo vs. People, G.R. No. 16 May 12, 2010, J. Del Castillo ). Sign up to vote on this title

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The amount and number of loans (P16 million) million) obtained obtained from the governmen  Useful  Not useful by the private company despite being undercapitalized (P7 million capital stock absence of any action by the bank to collect full payment are showing that the con which is manifestly disadvantageous on the part of the government, violates Sectio

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complainants suffe suffered red undue injury they failed to enjoy the benefits of an inc reased corresponding to their newly appointed positions. Accused was convicted of viola Section 3 (e) of RA No. 3019 (Catacutan vs. People, G.R. No. 175991 August 31, 20 Del Castillo).

22. Inordinate delay doctrine – Inordinate delay in resolving a criminal com is violative of the constitutionally guaranteed right to due process and to the s disposition of cases, which warrants the dismissal of the criminal case. Delay preju the accused or respondent and the State just the same. Prejudice should be asses the light of the interest of the defendant that the speedy trial was designed to p namely: to prevent oppressive pre-trial incarceration; to minimize anxiety and con of the accused to trial; and to limit the possibility that his defense will be impair these, the most serious is the last, because the inability of a defendant adequat prepare his case skews the fairness of the entire system. There is also prejudice defense witnesses are unable to recall accurately the events of the distant past.

In Coscolluela , the fact that it took the Ombudsman eight years to resolve under preliminary investigation was considered violative of the right to speedy dispo of cases. In Cervantes, it took the OSP six years from the filing of the initiatory com before deciding to file an information; this was struck down as well. In Sandiganbayan , a three-year delay in the termination of the preliminary investigat the Tanodbayan was Tanodbayan was considered consi dered violative of the right. In I n Lopez, Jr. v. Office Ombudsman , the preliminary investigation was resolved close to four years from th all the counter- and reply-affidavits were submitted to the Ombudsman, and th similarly struck down. In People v. Sandiganbayan , the fact-finding investigatio preliminary investigation by the Ombudsman lasted nearly five years and five m which the Court considered an inordinate delay. The same is true in Angch Jr., Jr., and Roque v. Office of the Ombudsman , where the delay involved a period of six more or less. In Licaros , the failure of the Sandiganbayan to decide the case even the lapse of more than 10 years after aft er it was submitted for decision was declared decl ared to i "more than just a mere procrastination in the proceedings. In this case, the prelim investigation proceedings in said case took more than 11 long years to resolve. Thu case against petitioner should be dismissed (Almeda vs. Office of the Ombudsman No. 204267, July 25, 2016, J. Del Castillo).

23. RA No. 9165 - The chain of custody refers refers to recorded recorded authorized authorized move and custody of confiscated dangerous drugs. It involves testimony on every link chain - from the confiscation of the illegal drugs to its receipt in the forensic labo up to its presentation in court. It is necessary that every person who touched the item describe how and from whom he or she received it; where and what happene while in the witness’ possession; its condition when received and at the time delivered to the next link in the chain. Generally, there are four links in said ch  custody: 1) the seizure and marking, if practicable, of the illegal drug confiscated fro Sign up to vote on this title accused by the apprehending officer; 2) the turnover of the seized drug b Not useful  Useful by apprehending officer offi cer to the investigating officer; 3) the turnover the investigating of said item to the forensic chemist for examination; and, 4) the turnover and subm thereof from forensic chemist to the court (People vs. Gajo, G.R. No. 217026, Janua

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counsel; (2) the media or representatives of National Prosecution Service and (3 elected public official. RA No. 9165 as amended uses the disjunc tive “or” in the p “the National Prosecution elected public official Service or the media.” Th representative from the media and a representative from the National Prosecution S are now alternatives to each other (People vs. Que, G.R. No. 212994, January 31, 2

The original version version of Section 21 of RA No. 9165 did not provide the place the inventory and photography of the confiscated item shall be conducted. Ho Section 21 of RA No. 9165 as amended by RA No. 10640 now includes includes a specifica locations where the physical inventory and taking of photographs must be cond The amended section uses the mandatory verb "shall" and now includes includes the proviso: Provided, That the physical inventory and photograph shall be conducted place where the the search warrant warrant is served; or at the nearest nearest police station station or at the n office of the apprehending officer/team, whichever is practicable, in case of warra seizures (People vs. Que, G.R. No. 212994, January 31, 2018). 2018) .

The original original version version of Section Section 21 of RA No. 9165 did did not provide provide the effect o compliance of the rule on inventory and photography of the confiscated item. Sect of RA No. 9165 as amended by Republic Act No. 10640, now includes a provis sanctions noncompliance under "justifiable grounds": Provided, finally, noncompliance of these requirements under justifiable grounds, as long as the integri the evidentiary value of the seized items are properly preserved by the appreh officer/team, shall not render void and invalid such seizures and custody over said (People vs. Que, G.R. No. 212994, January 31, 2018). 2018). The justifiable ground fo compliance must be proven as a fact, because the Court cannot presume what grounds are or that they even exist. Moreover, for the above-saving clause to app prosecution must explain the reasons behind the procedural lapses, and that the in and evidentiary value of the seized evidence had nonetheless been preserved (Peop Paz, G.R. No. 229512, January 31, 2018).

The police were able to explain the failure to conduct an inventory and photographs of the seized items. This is because of the intervening fact tha Illuminado Acosta was shot at the time of the buy-bust operation (People vs. Flor No. 216017, January 19, 2018, J. Del Castillo ).

The absence of a physical inventory and the lack of a photograph of the items are not sufficient justifications to acquit the appellant as the Court in several has affirmed convictions despite the failure of the arresting officers to strictly compl the Chain of Custody Rule as long as the integrity and identity of the th e corpus delicti crime are preserved (People vs. Villahermoso, G.R. No. 218208, January 24, 2018, Castillo).

Non-compliance with Section 21, Article II of 9165 isthis not fataland w SignRA up to vote on title render an accused’s arrest illegal or the items seized/confiscated from him inadmi  Useful  Not useful What is of utmost importance is that the integrity and the evidentiary value of the items was properly preserved and safeguarded through an unbroken chain of cu (People vs. Aplat, G.R. No. 191727 March 31, 2014, J. Del Castillo).

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the PDEA will not invalidate a buy-bust operation. Such coordination is n indispensable requirement in buy-bust operations (People vs. Mendosa, G.R. No. 18 February 29, 2012).

Section 23 of RA No. 9165, any person charged under any crime inv dangerous drugs regardless of the imposable penalty shall not be allowed to avail provision on plea-bargaining. However, this provision was declared as unconstitu for contrary to the rule making authority of the Supreme Court (Estipona, Jr. vs. L G.R. No. 226679, August 15, 2017).

24. BP Blg. 22 - In addition to proof of receipt of the notice of dishono prosecution must also establish beyond reasonable doubt the date when the ac received the notice of dishonor. Without proof of the date of receipt, there is no w ascertain when the five-day period under Section 22 of BP 22 would start and en MeTC cannot simply presume that the date of the demand letter lett er (November 30, 199 likewise the date of when the accused received it. There is simply no such presum provided in our rules on evidence (Chua vs. People, G.R. No. 196853 July 13, 20 Del Castillo).

The stipulation on the existence of the demand letter and of accused’s sign thereon is not admission that he received the demand letter. In fact, the accu denying the receipt of the demand letter and claimed that he was required to sign papers where the contents of the demand letter dated November 30, 1993 were intercalated (Chua vs. People, G.R. No. 196853 July 13, 2015, J. Del Castillo ).

A demand letter that precedes the issuance of checks cannot constitu sufficient notice of dishonor within the contemplation of BP 22 (Chua vs. People, G. 196853 July 13, 2015, J. Del Castillo).

Acquittal of the accused for violation of BP Blg. 22 for failure to establish rec notice of dishonor does not entail the extinguishment of his civil liability fo dishonored checks (Chua vs. People, G.R. No. 196853 July 13, 2015, J. Del Castil

25. Trafficking in person - Accompanying a child and offering her sexual se in exchange for money constitutes child prostitution. The accused who offered the to the one who raped her is not liable for rape as principal indispensable coope since bringing the victim to the rapist is not indispensable to the commission of the of rape (People vs. Dulay, GR No. 193854, September 24, 2012). If the accused is offering the sexual service of the child in exchange for money, the crime committed anymore child prostitution. Maintaining or hiring the child as purpose of prosti constitutes qualified trafficking in person because the former took advanta vulnerability of the latter as a child and as one who need money. Minority is qua  circumstance (People vs. Casio, G.R. No. 211465, December 03,on2014; People vs. H Sign up to vote this title G.R. No. 223528, January 11, 2017). Recruiting without license a person, child or useful  Useful  Not to work as a prostitute abroad constitutes the crime of trafficking in person and recruitment. Syndicate is qualifying circumstance in both crimes. Even if the accu less than three, but the allegation and evidence shows that there are at least

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Del Castillo and Recent SC Decisions in Criminal Law (Campanilla).docx

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