Digest Compilation

7/26/2019 Digest Compilation

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PEOPLEV. DIOSOANDABARCA23 Oct 1984 / Escolin / Appeal from the judgment of the Circuit Criminal Court

FACTSThe crime of murderas committed in the New Bilibid Prison! here both !!usedwereser"in# senten!e "Abr!as pre#iousl$ con#icted of homi!ide% Dioso! of robber$&'

The to accused and the #ictims "(e$no and )ome*& ere members o% ri"l %!tions1!hich ere in#ol#ed in intermittent and sometimes +lood$ !lshes! the latest of hich resulted inthe deth o% Blerioof the Batang Mindanaogang'

,uspecting that (e$no and )ome* authored the sla$ing of their gangmate!2the two!!used were determined to "en#e his deth' The$ learned that Re$no nd &ome'eresic- and !on%ined in the (rison hos(itl' Abr!) %ei#nin# illness) went to the hos(itl to bedmitted s (tient) nd Dioso !!om(nied him. Inside *rd +) the$ %ound Re$noeating+rea-fast nd &ome'l$ing don on a tarima "ooden +ed& under a mos.uito net' iosoapproached (e$no and spo-e to him! hile A+arca headed toards the tarima' Both !!useddrew out their im(ro"ised ,ni"es nd stbbed the two "i!tims. Dioso went to the tarimatohel( Abr! %inish o%% &ome'.After rushing out of the 0ard! the$ ere met +$ a prison guard!and the to accused ga#e themsel#es up and handed their eapons to him'

Both !!used "oluntril$ entered the (le o% #uilt$! and at the hearing! the$ac-noledged the #oluntar$ eecution of their confessions'

ISS-EANDOLDIN&0O the accused are .uasirecidi#ists'/ES

DISC-SSIONThe accused are .uasirecidi#ists! ha#ing committed the crime charged hile ser#ing sentencefor a prior offense' The trial court correctl$ found that the crime as perpetrated ith alevosia"tre!her$&! +ecause the #ictims ere not in the position to defend themsel#es from the suddenand unepected assault' The accused sought attenuation / ea-ening of the death sentence +$in#o-ing the circumstances of "oluntr$ surrenderand (le o% #uilt' The maimum penalt$prescri+ed for murder is deth! regardless of the presence or a+sence of mitigating oraggra#ating circumstance' oe#er! the Court as constrained to commute the death sentenceto reclusion perpetua for the lac- of re.uisite #otes'

PEOPLEV. 0ON&LEON15 6an 197 / a+rador / Appeal from C:; judgment

FACTSong eon! a goldsmith! as sellingillegall$ fa+ricated ?, gold dollar coins' t' @erso*a sent ahead =oro =ansu to pretend to +u$dollar coins from >ong eon' The police searched >ong eons goldsmith shop "o' B22&! andthe$ found goldsmith tools! as ell as a gold foil! gold nugget! coins of foreign currencies! andsome unfinished coins "1 (ie!e 23 !oin) 4 (ie!es 215 !oin&! on the ta+le inside the fitting room't' @erso*a searched >ong eons person and found in his poc-et 6 (ie!es o% 245 !oins3

1Abarca and Dioso belonged to the Batang Mindanao gang, while Reyno and Gomez were part of theHappy Go Lucky

gang.

2In their testimony, they did not say that Reyno and Gomez were the ones directly responsible for Balerios death, b!t they

"acc!sed# committed the crime to a$enge Balerio.

%Hereinafter, the items inbold and underlineshall be referred to as The Coins.


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rapped in paper' The articles ere sei*ed and +rought to the station together ith >ong eon'The police also searched ,tore o' 7BB! thin-ing that it as in that store that >ong eon effectedthe sales of his coins! +ut the$ found nothing material there'

>ong eon as su+jected to .uestioning ith the help of a Chinese interpreter' ;n hisstatement! he admitted ha#ing fa+ricated The Coins' The gold pieces! nuggets! and coins erereferred to a chemist of the =anila ong eon upon ground of reasona+le dou+t on the .uestion of facts!

and/or in not dismissing the case outright of the .uestion of la

DISC-SSIONIssue #1>ong eon made "through interpretation& and signed the statement himself! and that constitutes aconfession and OT hearsa$ as he claims'

Issue #2

>ong eon epressl$ admitted in his confession that he made the 8 pieces of 2 coins'etecti#e =aloles +elie#es that these ere ta-en from the shop' Assuming t' @erso*astestimon$ is incorrect insofar as the place here these coins ere found! it does not mean thatthe$ ere not found in >ong eons possession' The discrepanc$ is immaterial +ecause >ongeon possessed and controlled it an$a$'

t' @erso*a ordered =oro Arais =ansu to pretend to +u$ coins from >ong eon! not toinduce the latter to counterfeit them and then sell them to him' =oro Arais =ansu as supposedto +u$ legitimate coins! and >ong eon as epected to +ring out his counterfeit coins instead'There is no inducement to commit an offense% it as a simple tric- to catch >ong eon inflagrante.

Issue #3At the time of in#estigation! >ong eon admitted the room to +e his! and that he oned the

implements found on the ta+le in that room! and the$ could not ha#e +een an$+od$ elses sincethe tailor no longer occupied the room! and +ecause the implements ere those of a goldsmithand not of a tailor' o one in the premises as a goldsmith ecept >ong eon'

Issue #4(egarding the contention that he did not manufacture the coins! he as a goldsmith +$profession% he had the implements and materials used in the trade% the ma-ing of coins is ithinthe scope of his -noledge and a+ilit$% counterfeit coins ere found on his ta+le! and he admittedha#ing made them in his statement' These constitute proof +e$ond reasona+le dou+t that he


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made the counterfeit coins' It is not ne!essr$ tht somebod$ testi%$ to h"in# seen 0on#Leon %bri!tin# !oins.

Issue #5There is a legal contention that gold coins ha#e ceased to +e a ?, currenc$ +$ the operation ofthe pro#isions of the ?, )old (eser#e Act of 1934! and that >ong eon ma$ not +e consideredguilt$ of a #iolation of (ong eonthat the$ ere to +e passed to =oros ho #alue them as relics or rare o+jects'

SER&IO DEL ROSARIO! petitioner! #s' PEOPLE OF TE PILIPPINES! respondent' "19B1&Ponente= Con!e(!ion

ELDF decision affirmed% guilt$ of counterfeiting

FACTS=,ergio del (osario! Alfonso Araneta and Genedicto del


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manufacture of more counterfeit treasur$ notes of the


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;ssueF 0O the acts of )alano constitutes a #iolation of (


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:or a con#iction of forger$ to +e #alid! the )o#ernment must +e defrauded or at the #er$ least! theculprit had the intention of defrauding the go#ernment' ,tate in other orse! the act shouldad#ersel$ affect the go#ernmentLs credit rating'

:orger$ isnot malum prohi+itum'

A!!used did not de%rud the #o"ernment.True! the +ill as remo#ed from circulation +ut it isnot disputed that the +ill is still orth one peso' ;t ma$ $et +e presented to the proper go#ernmentofficials for redemption and replacement' The placing of the ord M@ictor$N did not ma-e it an$more genuine/#alid that it alread$ is'

Castro finds him guilt$ instead under (


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Argument for Rtio=1' *ONthe acts as alleged constitute a crime IE,

- Claimed +$ the defense that it as onl$ the eaminers ho could chec- the papers! andsince this as an irregularit$ herein 6ustice (omualde* created another committee ofcorrectors! the special circumstances do not arrant a crime' SC= inter#ention of theJcorrectorsJ as just as legal as that of the attorne$s that prepared the .uestions! and theinter#ention of the to groups of attorne$s as perfectl$ regular and #alid'

- efenseF not official and pu+lic documents' SC= eamination of candidates for admissionto the +ar is a judicial function' The$ are pu+lic and official documents'

- :alsification of pu+lic and official documents "(


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- ,C agrees ith arguments of the prosecution' 6ustice (omualde* as designated +$ theChief 6ustice to conduct the eamination in accordance ith the la and the (ules ofCourt' e himself had no such authorit$ as he is alleged to ha#e gi#en his secretar$' eis presumed to ha#e discharged his duties in accordance ith the la' ;t is inconcei#a+lethat he ould ithout an$ arrant of la gi#e or attempt to gi#e his secretar$ theunlimited authorit$ hich she claims to ha#e recei#ed! there+$ ena+ling her to alter at ill

an$ grade or an$ paper! ithout ma-ing an$ record thereof or an$ report to an$+od$'- The testimon$ of 6ustice (omualde* to the effect that the accused acted ithin the

authorit$ granted her in changing the grades in .uestion as a mere epression ofopinion' ;t as clearl$ inadmissi+le and not +inding on the court' o eplanation gi#en +$accused to justif$ her changes' o e#idence of delegation of authorit$ aside from6ustices testimon$'

3' *ONadmissions of accused ere made in good faith O


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her time records that she as not so a+sent from the office! hen in fact she ell -ne that onsuch date or time she as in the C:; of


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change in the pu+lic document must +e such as to affect the integrit$ of the same or change theeffects hich it ould otherise produce' :or! unless that happens! there could not eist theessential element of the intention to commit the crime hich is re.uired +$ Article 1 "no Article 3&of the


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of hich eceeded the #alue of the three pa$chec-s and the #alue of the chec-s as simpl$deducted from the mone$ #alue of the lea#es'

o damage does not automaticall$ impl$ no falsification' G?T a+sence of damage is an elemtn to+e considered to determine criminal intent' "seeF page 238 sa (e$es&

ac- of compassion on the part of the prosecutor! C:;! and CA'A compassionate order repeatedl$ urge +$ first lad$ imelda =arcos ould ha#e +een in orderunder the circumstances'


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The ,andigan+a$an held that the alterations amounted to%lsi%i!tion o% (ubli! oro%%i!il do!ument underRPC 1G1;9


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The three are accused of conspiring to misappropriate go#ernment funds allocated for projectsli-e repair of +ridges! roads! etc' The trial court ac.uitted the auditor' oe#er! ,enda$diego and,amson ere con#icted of the comple crime of mal#ersation through falsification of pu+licdocuments' Goth of the con#icts are no appealing to the ,C'


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"2& is signature is not genuine and"3& There is no e#idence that the sum as reall$ misappropriated'

Issues=*ON Smson !n be !onsidered s the uthor o% the %lsi%i!tion. /ES) (resumed

A person in possession of falsified document and made use of it is presumed to +e the materialauthor of the falsification' ;n addition the use or uttering of the falsified document as so closel$connected in time ith the forger$ that the user or possessor had the capacit$ to commit theforger$'

*ON the RTC !orre!t in !on"i!tin# the two !!used o% the !om(le !rime o% ml"erstionthrou#h %lsi%i!tion o% (ubli! do!umentsMo! the (TC is rong'The falsification as resorted to hide mal#ersation' Therefore falsification and mal#ersation areseparate offenses! not comple crime' Each falsification of a #oucher constitutes one crime andfalsification of each #oucher constitutes one offense'

*ON Smson !n be held lible %or the ml"erstion.Ies! he is lia+le for mal#ersation' This rule is different from the rule in parricide or .ualified theft' Apri#ate person conspiring ith an accounta+le pu+lic officer in committing mal#ersation is alsoguilt$ of mal#ersation'

*ON Send$die#o m$ !lim #ood %ith nd honest mist,e s de%ense.o! the court does not +elie#e that he did it out of good faith and honest mista-e of fact' Theconspirac$ to defraud the pro#incial go#ernment as present'

*ON the !:uittl o% the uditor will led to the !:uittl o% the tresurer.o! he is guilt$ +ased on documentar$ e#idences' ;t does not follo that the treasurer should +eac.uitted due to the fact of the ac.uittal of the auditor' This is +ecause the e#idence presentedand the charges against them are different' The auditor as charged onl$ as an accomplice',enda$diego as charged as principal' The auditor as misled +$ the treasurerUs certificationhich the auditor apparentl$ assumed to ha#e +een made in good faith hen in truth it as madein +ad faith'

*ON there is need to institute nother !om(lint bsed on !i"il libilit$ due toSend$die#os deth.o! it is considered that the criminal action is etinguished +ut the ci#il action remains' "5&o!there as compliance ith that rule' eath etinguishes criminal lia+ilit$ +ut ci#il lia+ilit$ sur#i#es'On this point 6ustice Garredo dissents +ut concurs ith the opinion' is dissent is concerns theprocedural part onl$' e sa$s that the dismissal due to the death should +e un.ualified that is+oth criminal and ci#il' The part$ has the remed$ to institute a separate ci#il action' oe#er! the$did not o+ject to the procedure ta-en +$ the court'

*ON the (rose!ution "iolted the Rules o% Court tht the (ro"in!il %is!l must be the oneto re(resent the (ro"in!e.The record shos that at e#er$ hearing the pro#incial fiscal! the cit$ fiscal or an assistant fiscalere present together ith the pri#ate prosecutor' There as su+stantial compliance since the

criminal action as prosecuted under the direction and control of the fiscal'

*ON Hud#e who !ondu!ted the (reliminr$ in"esti#tion nd %ound (robble !use isbrred %rom tr$in# the !se on merit.The rule assumes that the judge could impartiall$ tr$ the case' 0e cannot assume that the judgeis opinionated and narrominded insomuch that the$ ould in#aria+l$ +e iron+ound +$ theirfindings at the preliminar$ in#estigation'

oteF ,enda$diegoUs estate is lia+le solidaril$ for


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condense it +ut this a$F 0hate#er the total penalt$ is! it should not eceed 4 $ears for sure"


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2nd ElementF egal O+ligationThe second element of the offense is li-eise present' ?nder the ci#il ser#ice rules and

regulations! specificall$ the )uidelines in the


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On 46 @r!h 1G9! more than ten "1& $ears after the registration of the ,


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PETITION DIS@ISSED.

A@A @, J'

a#aLs defenseF e onl$ re.uested the help of his friend =analili +ecause he as in dire need ofa license "due to his or- as a detailman5&' =analili testifed' is testimon$F

a sales representati#e of a drug manufacturer


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=analili ent to the ,an :ernando office of the and Transportation Commission "TC& here heused to secure on license' There! he as helped +$ fiers ho o+tained a license for him in justan hour for 5pesos' "legit price is just 17pesos&'

6udgmentF )uilt$ of falsification' a#a is a principal +$ inducement';AC affirms'


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is eplanation is unsatisfactor$ as it consists mainl$ in passing the +uc- to his friend! =analili'As stated a+o#e! =analili himself could not ha#e acted on his on accord ithout the prodding ofpetitioner'

de!ision o% the res(ondent ((ellte !ourt is hereb$ %%irmed.

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