L[aw]rd's Lair

FACTS: The accused were election inspectors and poll clerks whose duty among others was to transfer the names of excess voters in other precincts to the list of a newly created precinct.Several voters were omitted in the list.Because their names were not in the list, some of them were not allowed to vote. The accused were prosecuted for violation of Secs. 101 and 103 of the Revised Election Code. The accused claimed that they made the omission in good faith.The trial court seemed to believe that notwithstanding the fact that the accused committed in good faith the serious offense charged, the latter are criminally responsible therefor, because such offense is malum prohibitum, and, consequently, the act constituting the same need not be committed with malice or criminal intent to be punishable. ISSUE: Is the act of the accused merely a mala prohibita? HELD: The acts of the accused cannot be merely mala prohibita - they are mala in se . The omission or failure to include a voter’s...

FACTS: Andrea Mayor is a businesswoman engaged. Sometime in 1987, she was introduced to herein petitioner, Roberto Cruz who at that time was engaged in the business of selling ready-to-wear clothes at the Pasay Commercial Center. From then on, petitioner has been borrowing money from Mayor. On March 15, 1989, petitioner borrowed from Andrea Mayor one hundred seventy six thousand pesos (P176,000.00). On April 6, 1989, Mayor delivered the said amount to petitioner himself in the latter’s stall at the Pasay Commercial Center. Cruz, in turn, issued Premiere Bank Check No. 057848 postdated April 20, 1989 for same amount. When the check matured, complaining witness presented it to the drawee bank for payment but the same was dishonored and returned for reason "account closed." When notified of the dishonor, petitioner promised to pay his obligation in cash. No payment was made, hence, an information for violation of Batas Pambansa Bilang 22 was filed against the petitioner. peti...

FACTS: Petitioner is a duly licensed retailer and wholesaler of scrap iron in Davao City using the business name Dunlao Enterprise. Fortunato Mariquit and Carlito Catog, both employees of Lourdes Farms, were instructed by its proprietor, Mrs. Lourdes Du, to go to petitioners premises together with police officers Pfc. Epifanio Sesaldo and Pat. Alfredo Ancajas to verify information received that some farrowing crates and G.I. pipes stolen from Lourdes Farms were to be found thereat. Upon arrival at petitioners compound, the group saw the farrowing crates and pipes inside the compound. After he was informed by the police operatives that said pipes were owned by Lourdes Farms and had been stolen from it, petitioner voluntarily surrendered the items. These were then taken to the police station. Dunlap was found guilty. Petitioner then appealed his conviction to the Court of Appeals. On May 10, 1993, the appellate court promulgated its decision affirming the judgment of the trial court. He...

FACTS: Charged with and convicted on a plea of guilty, in the Court of First Instance of Lanao del Norte, Branch IV in Iligan City, for the crime of cattle rustling, Saglala Macatanda. From the judgment of conviction, Saglala Macatanda (hereinafter referred to as appellant) appealed direct to this Court. The Solicitor General comes up with a reply that Article 64 of the Revised Penal Code does not apply to penalties prescribed by special laws. He considers P.D. 533, otherwise known as "Anti- Cattle Rustling Law of 1974" as a special law, and in accordance with existing rulings, 8 the penalty should not be governed by the Revised Penal Code. ISSUE: Whether the contention of the Solicitor-General is valid. RULING: The court do not agree with the Solicitor General that P.D. 533 is a special law, entirely distinct from and unrelated to the Revised Penal Code. From the nature of the penalty imposed which is in terms of the classification and duration of penalties as prescribe...

FACTS: Defendant was charged with the crime of libel. Upon said complaint the defendant was duly arraigned. Upon arraignment the defendant, by his attorneys, presented the following demurrer:I. The facts alleged in the complaint do not constitute a crime. II. It appears from the allegation in the complaint that if there were a crime it has prescribed. With reference to the second ground, counsel for the defense maintains that the crime has prescribed under the provisions of the laws in force in the Islands and supports such conclusion by asserting that in the absence of a definite provision in Act No. 277 of the Philippine Commission, which fixes the time during which the penal action arising from the crime of libel may be exercised, the time which article 131 of the Penal Code fixes for the prescription of the crimes of calumny and insults is strictly applicable. Against this contention of the defense, the Attorney-General and the private prosecutor maint...