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 ...