L[aw]rd's Lair

Facts: Apolonia Aramburo, then in the early bloom of her youth, she was allegedly detained by the accused in his 2m. x 3m. dwelling for about two weeks, and there raped every night while his wife, at one time, watched with amusement. This is the version of the prosecution. Thus by reason of the evidence presented by the prosecution, which the trial court pronounced to be credible, accused PABLO LACTAO was found guilty of the crime of rape with serious illegal detention. He is now before us insisting on his innocence. The accused on the other hand asseverated the he never raped nor had sexual intercourse with Apolonia before or after 15 April 1979. He was merely accused of raping Apolonia because he failed to leave the land of Gabriel Aramburo, father of Apolonia and Avelina. Issue: Is there a complex crime of rape with serious illegal detention? Ruling: It may be worth to mention at the outset that there is no complex crime of rape with serious illegal detention. If the p...

Facts: Provincial Prosecutor accuses Edgar Bacalso of the crime of Double murder with Frustrated Murder. It was alleged that the accused killed Artemio Cariit, Remelie Cariit  and Jerry Cariit by throwing a hand-grenade at said victims, thereby inflicting upon them multiple mortal wounds which were the direct and immediate cause of the deaths of said Artemio Cariit and Remelie Cariit and the serious wounding of said Jerry Cariit as a result of said explosion, which is contrary to law and in violation of Article 248 of the Revised Penal Code. Arraigned, the accused, assisted by counsel, entered a plea of "not guilty." Thereafter the RTC found the accused-appellant Edgar Bacalso guilty beyond reasonable doubt of the complex crime of double murder with frustrated murder.   The sentence of death having been imposed, the case has been elevated to this Court by way of automatic appeal. Issue: WON the testimonies of the witnesses are enough to establish the criminal liabil...

Facts: Aniceto Martin was found guilty of parricide for killing his wife, Laura Luiz, by strangling her with a rope inside the family toilet. He made a confession which he signed and swore to before the provisional fiscal. In this appeal the accused contends that the death of Laura was not due to the strangling, but to her heart disease, as stated in the testimony of Dr. De la Cuesta, resident Physician who performed the autopsy on the corpse of Laura. That the cause of death was heart failure due to fright or shock. Issue: WON Aniceto Martin can still be held liable for the death of his wife even when the findings of the autopsy stated that the cause of death was not by strangling but due to the victims heart disease. Ruling: It should be noted that the heart failure was due to the fright or shock caused by the strangling, and consequently, the defendant was responsible for the death, notwithstanding the fact that the victim was already sick. Had not the defendant stran...

Facts: Defendant, an unmarried woman gave birth to a child and a short time thereafter carried the infant a distance of 150 meters from the house and buried it. The body was disinterred and found to be that of a child born in perfect condition of health, but with an abrasion on both sides of the nose apparently caused by heavy external pressure. Issue: WON the acts of the accused are sufficient to sustain conviction for infanticide. Ruling: All the acts performed by the accused immediately after her confinement, reveal in a clear and unquestionable manner her decided intent to kill the newly born child in order to conceal her dishonor; and the signs of violence found on the body demonstrate that she actually effected her purpose. The aforesaid signs, together with the above mentioned conduct of the accused, constitute conclusive proof of her guilt as the author of the crime of infanticide herein prosecuted. The judgment appealed from is confirmed.

Facts: Severa Jaca and Proceso Rasalan was charged for the killing of a newborn child before it was 3 days old, to conceal the dishonor of Severa Jaca, the mother. The CFI acquitted Severa Jaca, but convicted Proceso Rasalan of Infanticide. It was shown in the evidence that Rasalan killed the newborn child after Severa Jaca had given birth by wrapping up the baby in a cloth which asphyxiated it resulting to its death. Issue: WON Proceso Rasalan is guilty of Infanticide. Ruling: Since it has been established in the record that the crime charged was committed, and that the defendant committed it; that, inasmuch as he is not an ascendant of the dead child, he has incurred, according to the law the penalty for murder and guilty of this crime, the judgment appealed from is affirmed, except for the indemnity which has been voted down by a majority of the court.

Facts: While Teodorica Saguisin was in a Chinese shop a man named D.B. Jeffrey appeared and without any apparent reason whatever, struck the woman 3 times on the hip with a bottle that he was carrying, in consequence of which the woman fell to the ground with an abundant hemorrhage from the womb; she was immediately taken to her home in a carretela, and being eight months pregnant she had a miscarriage in the following day, according to the examination made by the president of the Municipal board of health, as seen by the said physician certified the fact of abortion. The provincial fiscal with the CFI charged D.B. Jeffrey with the crime of Lesiones menos graves, whereupon trial and conviction was instituted. From this judgment defendant’s counsel has appealed. Issue: WON D.B. Jeffrey can be lawfully sentenced for the crime of abortion, having been accused of a different crime. Ruling: Even though it was not the criminal intent of the defendant to cause the abortion, the ...

Facts: Appellant, Leoncio Radaza was on of the councilors of the town of Burawen and in charge of the barrio of La Paz. Francisco Tirado paid to the appellant the sum of P5.00 being as he thought, for the privilege of slaughtering a carabao. The appellant represented himself as having authority and being the person in charge of the collection of these fees. He promised to obtain a receipt for Tirado for this amount, however, he not only failed to obtain the official receipt for this amount but converted the same to his own use. Appellant was charged and convicted for the crime of malversation of public funds. Issue: Is the crime of the appellant malversation of public funds or estafa? Holding: The real crime committed by the appellant is that of estafa and not malversation of public funds. The appellang did not receive the P5.00 in his official capacity. It was not his duty to collect these fees, and he had no authority to do so. For these reasons he is not guilty of th...

Facts: Juanito Merencillo was charged of violation of Sec. 3 (b) of RA 3019 and Direct bribery. Petitioner demanded from private complainant Ma. Angeles Ramasola Cesar P20,000.00 in exchange for the approval of the Certificate Authorizing Registration (CAR). Due to the repeated demand of the petitioner and delaying the release of CAR, private complainant seek the help of the authorities. As a result, petitioner was caught in the entrapment instituted by the police. After trial, the RTC found petitioner guilty as charged. Petitioner appealed the decision to the Sandiganbayan which was denied affirming the RTC decision. Hence, this petition for review of certiorari, contending that he was twice in jeopardy when he was prosecuted for violation of Sec. 3 (b) of RA 3019 and for direct bribery. Issue: WON the petitioner was placed in double jeopardy. Holding: No. Section 3(b) of RA 3019 begins with the following statement: Sec.3 In addition to acts or omissions of public offic...

Facts: Oscar Purangao was a former municipal treasurer, he was charged with malversation of public funds for he allegedly misappropriated the fund he received from the Ministry of Public Works and Highways the amount of P185,250.00 known as the fund for construction, rehabilitation, betterment and Improvement (CRBI) for the concreting of Barangay Jalung Road in Porac, Pampanga. In his defense, petitioner accounted for the P185,250.00 fund as follows: A) P126,095.57 = was disbursed for materials delivered by the contractor; B) P59,154.41 = was used to pay, upon the insistence of the then Porac Mayor Ceferino Lumanlan, the labor payrolls of the different barangays in the municipality. After hearing, the respondent Sandiganbayan rendered decision acquitting the petitioner of the crime charged but convicting him of the crime of illegal use of public funds. Petitioner filed motion of reconsideration which was denied, hence this petition for review. Issue: May the Sandiganbayan...

Facts: This is a petition for review of a decision of the Sandiganbayan. In convicting the petitioner of violation of Sec. 3(e) of RA 3019 (Anti-graft and corrupt practices Act). The municipality of Palapag Northern Samar, by its OIC Vice-mayor Teodoro Bello entered into a contract with the Flores Construction Company, represented by Eduardo Guevarra, for construction of the municipal public market. The period of completion of the project was 100 days. The price was P652,562.60. The petitioner issued (4) PNB checks in favor of the contractor in total amount of P650,000.00. However, sometime in June 1988, after receipt of said payments, the contractor abandoned the project. The COA special Audit Team inspected the progress of the construction of the Palapag Municipal Market. It discovered several irregularities. It found out that only about 36.24% of the construction of the municipal market has been completed despite the lapse of the contract period of 100 days. The actual cost of...

Facts: Petitioner Emiliano Cimafranca Jr. was the provincial fisheries inspector. He was issued a revolver and a Briggs and Stratton engine. When his temporary appointment expired, he was advised by the provincial Governor and the OIC of the Office of the Treasurer to return the revolver and engine. Petitioner did not comply. During the property audit directed by the provincial auditor on the ten(10) government officials including the petitioner, they found out that, although separated from the service, petitioner had not yet settled his property accountabilities, despite demands. Petitioner was charged of malversation of public property. During the trial the revolver and engine was returned to the Government by the petitioner. After trial, the petitioner was found guilty as charged. Hence, this appeal. Issue: WON an accountable public officer may be criminally liable for malversation of public property when he fails to return or produce the  same upon demand, although aft...

Facts: This is a petition for certiorari by Petitioner Arturo Quizo, assailing the resolution of the respondent Sandiganbayan, which denied the motion to dismiss filed by the Tanodbayan, as well as the resolution which denied the motion for reconsideration. Petitioner is the Money Teller of Cagayan de Oro Post office. It appears that after an audit conducted by Commission of Audit, it was found to have incurred a shortage in his cash and other accounts of P17,421.74. On the same day, Petitioner reimbursed the amount of P406.18; three days after, P10,515.56; and on September 19, 1983, the balance of P6,500.00. Notwithstanding full restitution, an information for malversation of public funds against the Petitioner was filed by the Tanodbayan before the Sandiganbayan. After the reinvestigation, the Tanodbayan filed a motion to dismiss on the following grounds: a) no damage was inflicted on the Government as there was full restitution of the malversed funds within a reasonable time; ...

Facts: This case is about a petition for review on certiorari filed by the petitioner, argues for the reversal of the crime of malversation of public funds. Petitioner is a postmaster, he was audited of his cash and accounts for period from August 29, 1984-May 28, 1985. The audit examination disclosed that petitioner incurred a shortage of P160,905.03. Required to produce immediately the missing funds and to explain in writing within 72 hours the fact of the shortage. Petitioner neither restituted the missing sum nor made any written explanation. As a consequence, Petitioner was charged with malversation of public funds before the Sandiganbayan. Petitioner was found guilty as charged, hence this appeal. He contended that he cannot be convicted of intentional malversation since there is no evidence showing that he appropriated the funds for his personal use. Issue: Is direct evidence required to convict a public officer of malversation? Holding: Malversation may thus be ...

Facts: Petitioner De Guzman work as Traveling collector. He collected the total amount of P 204,349.32 from various agencies but remitted to the General Teller, Cash Division Department of Finance, only P 127, 797.95, thus resulting in a shortage of P76,521.37. Petitioner contends that his accountability was not proven considering that the audit examination was conducted in his absence and after he signed the Report of Examination in blank presented to him by Auditing Examiner Maximo Pielago, thus making the procedure irregular.  Auditing Examiner Pielago candidly admitted that he made the accused sign the Report of Examination in blank even before any examination could be conducted because upon his first demand to the Petitioner for the production of his cash and cash items the latter told him that he had nothing to account for anyone since he ceased making collection. Pielago proceeded with the audit examination of Petitioner’s accountability from the official records. He w...

Timeline: The centuries-old tug-of-war over Sabah

SC junks plea to stop Smartmatic from supplying CF cards for May polls

FACTS: Petitioner Leticia P. Ligon (hereafter LIGON) is the mortgagee in three deeds of mortgage covering two parcels of land located along Tandang Sora, Barangay Culiat, Quezon City, belonging to the Islamic Directorate of the Philippines (hereafter IDP).  These deeds of mortgage were executed by certain Abdulrahman R.T. Linzag and Rowaida Busran-Sampaco as security for the loans of P3 million, P2 million, and P4 million, respectively, which IDP allegedly obtained from LIGON. Two groups had earlier vied for control of the IDP, namely, (1) the Carpizo group and (2) the Abbas group. The Carpizo group caused the signing of an alleged Board Resolution authorizing the sale of the two parcels of land mentioned above to private respondent Iglesia ni Cristo. The sale was evidenced by a Deed of Absolute Sale, wherein IDP and INC stipulated that the former would evict all squatters and illegal occupants in the two lots within forty-five (45) days from execution of the sale. IDP f...

FACTS: Dynetics  and  Garcia  filed  a  complaint  for  declaratory  relief  and/or  injunction  against  PISO,  BPI,  LBP,  PCI  Bank  and  RCBC  or  the consortium  with  the  RTC  of  Makati,  seeking  judicial  declaration,  construction  and  interpretation  of  the  validity  of  the  surety  agreement that Dynetics and Garcia  entered into with  the consortium  and to perpetually enjoin the latter from claiming, collecting and  enforcing any  purported obligations  which Dynetics  and Garcia might have undertaken in the  agreement. Seven  months  later,  Dynetics,  Garcia  and  Matrix  ...

FACTS: This is a case filed by former Representative Bondoc charging Judge Aquino-Simbulan with partiality, gross ignorance of the law and gross misconduct in the handling of Criminal case entitled “People v Totaan”. Complainant bewailed: (1) the respondent’s attempt to have the cases settled in an “off-the-record” huddle with the parties’ lawyers because she did not want the accused to be administratively suspended; (2) the respondent’s order to “fast track” the cases because the accused had been suspended upon the motion of the private prosecutors. The complainant then narrated the instances when his lawyers were alleged given a hard time and subjected to indignities by the respondent in her desire to fast track the criminal case. On the other hand, the respondent pointed out that an examination of the complaint would readily show that it was prepared by the private prosecutors, Attys. Stephen David and Lanee David, who wove a tale lies and distortions regarding the proceedings to ...

FACTS: Flores was the defendant in a civil case which involved an admitted indebtedness of Flores to the plaintiff, Rolando Ligon, of about 1.8 million pesos. A judgment based on compromise was rendered by the late Judge Castro, providing for payment of the debt in stated installments and, in the event of default, acceleration of the obligation and the surrender of the “Paranaque Cockpit” (held by Flores under lease) to Ligon for the latter to manage and operate. The Trial court promulgated an order declaring Flores to have breached the compromise judgment, the writ of execution was issued. Flores appealed the order to the CA to nullify the writ and filed certiorari action in the same court. The decision of the CA favors Flores –vindicating his right to possess the cockpit on a finding that he had not infringed the compromise judgment. Flores asked the Trial court to restore possession of the cockpit, this was granted by Judge Abesamis (April 5, 1988) but only on April 20, 1988 b...

FACTS: Suan filed this complaint alleging that respondent engaged in unlawful, dishonest, immoral or deceitful conduct when he submitted the certification to the RTC despite knowing that the same is applicable only for transactions before the MTCC; and that the bond was defective because it was released by SICI despite respondent’s failure to put up the required P100,000.00 collateral. Suan also claimed that in the complaint filed by respondent, together with Eduardo, Purisima, Ruben, and Manuel, all surnamed Tan, before the  Bangko Sentral ng Pilipinas  (BSP) against Ismael E. Andaya and the members of the Board of Directors of the Rural Green Bank of Caraga, Inc. for alleged gross violation of the principles of good corporate governance, they represented themselves as the bank’s minority stockholders with a total holdings amounting to more or less  P5 million  while the controlling stockholders own approximately  80%  of the authorized capital ...

FACTS: Petitioners secured the services of Atty. Paneda to help and defend them in the civil case filed against them. Atty. Paneda failed to submit the pre-trial brief for the petitioners behalf despite the order and notice of the court. He also failed to appear during the pre-trial hearing. As a result, petitioners were declared in default because of the failure of their counsel to file and submit pre-trial brief, the court allowed to hear the case ex parte. The court issued decision against the petitioners. Atty. Paneda filed motion for reconsideration but the same was dismissed. Atty. Paneda told petitioners that he will appeal the case to the CA and they agreed. He filed a notice of appeal. Petitioners paid the required fees and he even required petitioners to shell out more money for the preparation of the Appeal brief. Petitioner waited for so long for the decision of the CA and found out later that their appeal was dismissed due to lack of appeal brief only when they went to A...

FACTS: Accused Hilaria Cabero presented a written complaint, statement and affidavit to the court of the justice of peace, duly subscribed and sworn to by her before the justice of the peace, when in fact she well knew that the said complaint, statement and affidavit were false and untrue. She was charged with the crime of perjury. However, the lower court dismissed the information as it does not fall under Art. 183 of the RPC or  Art. 180 of the said Code. Hence, the Solicitor- General brought this appeal. ISSUE: Can a false affidavit in a complaint give rise to perjury? HOLDING: The indictment in the complaint closely follows Art. 183 and alleges every fact required by that article. An affidavit was made upon material matters before the competent person authorized to administer an oath required by law. It is further clearly alleged that the accused well knew that the affidavit in question made by her was false and untrue upon the material matters recited. It would ...

FACTS: This case is by virtue of an appeal interposed by the Solicitor-General to the resolution of the Court of First Instance of Cavite dismissing said case for the following reasons: first, that the accused Sotero Peji Bautista was not given a preliminary investigation before trial; and second, that said accused had been twice put in jeopardy. The accused Bautista was charged by one Ong Loo in the justice of the peace court of Kawit, Cavite, with having violated the provisions of article 183 of the Revised Penal Code on May 30, 1935 by knowingly subscribing under oath a false affidavit. After the preliminary investigation required by law, the justice of the peace remanded the case to the Court of First Instance because it did not fall under his jurisdiction and he reached the conclusion that there were reasonable grounds to believe that the crime was committed by the accused. However , the provincial fiscal, filed another charging him with false testimony in a criminal case ...

People v. Capistrano [40 Phil. 902] FACTS: Accused-appellant Barbara Capistrano stated under oath two contradictory statement: one before the Assistant prosecutor who conducted the preliminary investigation before filing the information against her father Alejo Capistrano for Rape, statement whereby she was accusing the latter of the said crime; and another before the Court of first instance at the hearing of the same cause for rape, saying that the one call Juan Sol, and that for her fear to the latter who had threatened her, she made the former statement before the fiscal imputing the commission of the crime to his father. In view thereof, the fiscal filed a case against her for the crime of perjury. ISSUE: WON the two contradictory sworn statement are enough to convict the accused of perjury. HOLDING: The Court ruled that in order to hold the accused guilty of the crime of perjury, it was necessary to prove that she did not believe said testimony as true or, what amoun...