Case Notes

11.
GR NO 200090 MARCH 6 2013

PEOPLE VS. SAN MATEO
Issue:
Whether San Mateo is guilty of BP 22 – act penalizing the making or drawing and
issuance of a check without sufficient funds and credit and for other purposes
Facts:
Accused: ERLINDA C. SAN MATEO
- Ordered resorted yarns P 327, 394.14 from ITSP international,
incorporated
- Partial fulfillment: P134, 275.00 postdated checks Metrobank
OCT 6 2005 – Deposited check – JULY 25, 2005 - Dishonored for
insufficiency of funds
ELEMENTS OF BP 22/ CONVICTION
1) the making, drawing, and issuance of any check to apply for account or
for value; / ADEQUATELY ESTABLISHED
2) the knowledge of the maker, drawer, or issuer that at the time of issue
he does not have sufficient funds in or credit with the drawee bank for the
payment of the check in full upon its presentment; / NOT SUFFICIENTLY
ESTABLISHED
3) the subsequent dishonor of the check by the drawee bank for

insufficiency of funds or credit or dishonor for the same reason had not the
drawer, without any valid cause, ordered the bank to stop payment. / NO
BASIS IN CONCLUDING
Ruling:
there is insufficient proof that San Mateo actually received the notice of dishonor,
the presumption that she knew of the insufficiency of her funds cannot arise. For
this reason, the Court cannot convict her with moral certainty of violation of B.P.
22.
Ruling:
GUILT NOT ESTABLISHED/ ACQUITTED – Indemnified to pay the compliant
P134,275 + 12% interest.
12. GR NO 119987-88 OCT 12, 1995
PEOPLE VS. VENERCION
Issue:
Whether or not the respondent judge acted with grave abuse of discretion resulting
to lack or excess of jurisdiction when he failed to attach the corresponding penalty
of the crime Rape with Homicide.
Facts:
Del Pan St. near corner of Lavesares St. Binondo Manila, AUGUST 2, 1994
Victim: ANGEL ALQUIZA y LAGMAN, 7 years old.
- Wrapped in a sack and yellow table cloth tied with nylon cord with both feet
and left hand protruding.
- Light colored duster without panty
- Gaping wounds – left side of the face, left chin, left ear, laceration of genital
area, head bashed in.
Charged with Homicide: AUGUST 8, 1994
CRIMINAL CASE NO. 94-138071
ACCUSED:
- ABUNDIO LAGUNDAY / jeofrey * no address
- HENRY LAGARTO y PETILLA * 288 Area H., Parola Compound, Tondo,
Manila
- charged with Reclusion Perpetua with all accessories provided by law.
PETITION FOR MOTION FOR RECONSIDERATION: FEB 8, 1995

- DEATH PENALTY SHOULD BE IMPOSED - Denied
- Issue for LACK OF JURISDICTION: FEB 10, 1995 refused to impose the
mandatory penalty of death under RA 7659 after finding the accused guilty.
Ruling:
Death penalty should be imposed in case of Rape with Homicide since it is what
the law provides and that there is no room for exercise of discretion. NO ANY
OTHER CONVICTIONS SUCH AS RELIGIOUS BELIEFS. It is a matter upon
which judges have no choice. And a judge should impose the proper penalty and
civil liability provided for the law on the accused.
13. GR NO 160188 JUNE 21 2007
PEOPLE VS. VALENZUELA
Issue:
Whether ARISTOTEL VALENZUALE y NATIVIDAD should be guilty of frustrated
theft or consummated theft
Facts:
Accused: ARISTOTEL VALENZUALA, JOVY CALDERON – charged of theft, May
20, 1994
Apprehended by Lorenzo Lago – security guard
- Stolen merchandise recovered
- 4 case of Tide Ultramatic
- 1 case of 25 grams
- 3 additional cases of detergent
- Goods with P 12, 090 value
- May 19, 1994/ 4:30 pm/ SUPER SALE CLUB supermarket within SM
complex along North EDSA
Ruling:
RPC Article 6 applied – 3 stages of crimes
a. Elements for execution present and accomplish – consummated
b. Performed all acts but no felony produced – frustrated
c. Have not perform all acts due to desistance or accident – attempted
RPC Art 308 applied:
a. There should be taking
b. Property must belong to another
c. With intent to gain
d. Without consent
e. Accomplished without violence/ force upon things
NOTE:
it is immaterial that the offender is able or unable to freely dispose the property
stolen since he has already committed all the acts of execution. PETITION
DENIED.
6. 56 PHIL 358
PEOPLE VS. SILVESTRE AND ATIENZA
Issue:
- Whether Romana Silvestre is guilty as accomplice of the crime arson - The
fire destroyed about forty-eight houses.
Facts:
- cohabited with her codefendant Martin Atienza from the month of March,
1930, in the barrio of Masocol, municipality of Paombong, Province of
Bulacan
- 8:00 pm, of November 25, 1930, while Nicolas de la Cruz and his wife,
Antonia de la Cruz, were gathered together with the appellants herein after
supper, Martin Atienza told said couple to take their furniture out of the
house because he was going to set fire to revenged upon the people of
Masocol.
- Martin Atienza was at that time armed with a pistol
- saw Martin Atienza going away from the house where the fire started, and
Romana Silvestre leaving it.
Ruling:
- The complicity which is penalized requires a certain degree of cooperation,

whether moral, through advice, encouragement, or agreement, or material,
through external acts.
- There is no evidence of moral or material cooperation, and none of an
agreement to commit the crime in question.
- Her mere presence and silence while they are simultaneous acts, do not
constitute cooperation, for it does not appear that they encouraged or
nerved Martin Atienza to commit the crime of arson
- Her failure to give the alarm, that being a subsequent act it does not make
her liable as an accomplice.
14. 184 SCRA 505
GR NO 88724 APRIL 3 1990
PEOPLE VS. ORITA
Issue:
Whether appellant is guilty of frustrated rape
Facts:
Accused: Ceilito Orita/ Lito – CONSUMMATED RAPE
March 20, 1983, 1:30 AM, boarding house at Victoria St. Poblacion,
Borongan, Eastern Samar, PH.
Victim: Cristina Abayan, 19 y.o., freshman – st. joseph’s college of borongan,
eastern samar
Ruling:
1. No conclusive evidence of penetration on the genital organ
2. Dr. Reinerio Zamora did not rule out penetration – there is no certainty
whether or not there was penetration
3. The victim admitted that the organ is inserted but only a portion of it.
Note:
The fact is that in a prosecution for rape, the accused may be convicted even on the
sole basis of the victim's testimony if credible.
Dr. Zamora's testimony is merely corroborative and is not an indispensable element
in the prosecution of this case.
Although the second assignment of error is meritorious, it will not tilt the scale in favor
of the accused because after a thorough review of the records, we find the evidence
sufficient to prove his guilt beyond reasonable doubt of the crime of consummated
rape.
ELEMENT OF CONSUMATION OF THE CRIME IS PRESENT
VICTIM STATEMENT IS GIVEN GREAT WEIGHT

NOT GUILTY OF FRUSTRATED RAPE – no conclusive evidence such as full
penetration that leads to frustrated crime.
15. 234 SCRA 532
PEOPLE VS. MANUEL
GR NO 93926-28 JULY 28 1994
Issue:
Whether Lucila Manuel is guilty of murder of Jesus Tolentino
Facts:
Victim:Jesus Tolentino, Jr., and his driver, Dominador Santos - 02
April 1984 killed
Accused:
(a) Segundo Manuel, Lucila Manuel, John Doe and Peter Doe for
the murder of Tolentino,
(b) Segundo Manuel, John Doe and Peter Doe for the murder of
Santos
(c) Segundo Manuel for his violation of Presidential Decree No.
1866.
Judgement redered on AUGUST 14 1987 xxx declares LUCILA

MANUEL GUILTY OF MURDER OF JESUS TOLENTINO –
principal sentence life imprisonment xxx
Lucila appealed:
- Faults the trial court for reling too much on testimony of Teresa Manuel
- Contends the trial court should not believe testimony of Segmundo
- Disputes the finding by the trial court of conspiracy and qualifying
circumstance of evident premeditation.
RULINGS:
NOT GUILTY OF MURDER. - The judgment of the lower court appealed

from is MODIFIED insofar as sole appellant Lucila Manuel is concerned who
is hereby found guilty as an accomplice in the commission of homicide
for the killing of Jesus Tolentino, Jr.
- Lucila's presence may have encouraged Segundo to kill
Tolentino, or she may have even clearly cooperated with him in its
commission but, beyond that, * her own direct participation in the
crime is not sufficiently shown. *
9. 215 SCRA 52 / GR NO 1031119
CA VS. INTOD OCTOBER 21 1992
Issue:
Whether Intod is guilty of an Impossible Crime
Facts:
Accused:
Sulpicio Intod – attempted murder – petitioned for impossible crime
February 4, 1979, 10:00 o'clock in the evening of the same day, Intod,
Mandaya, Pangasian, Tubio and Daligdig, all armed with firearms, arrived
at Palangpangan's house in Katugasan, Lopez Jaena, Misamis Occidental.
Intod, Pangasian, Tubio and Daligdig fired at said room. It turned out,
however, that Palangpangan was in another City and her home was then
occupied by her son-in-law and his family. No one was in the room when
the accused fired the shots. No one was hit by the gun fire.
Intod and his companions were positively identified by witnesses.
Ruling:
the petition is hereby GRANTED, the decision of respondent Court of

Appeals holding Petitioner guilty of Attempted Murder is hereby MODIFIED.
We hereby hold Intod guilty of an impossible crime
Note:
Where the offense is legally impossible of accomplishment, the actor

cannot be held liable for any crime.
The impossibility of accomplishing the criminal intent is not merely a

defense, but an act penalized by itself.
In that case all circumstances which prevented the consummation of

the offense will be treated as an accident independent of the actor's will
which is an element of attempted and frustrated felonies.
7. 50 OG 5880
SUNICO ET AL VS PEOPLE
Issue:
Whether the accused is guilty of mala prohibita
Facts:
1. Sunico and Abuyan omitted the former 6 names and 42 persons

that should have been included in the registry list of voters in
Precinct No. 7
2. November 8, 1949 several names omitted appeared recorded and
allowed to vote, some were not.
Ruling:
No. the accused is only guilty of mala in se. not merely mala prohibita.
As there is no clear showing that in the instant case the appellant
intentionally, willfully, and maliciously omitted or failed to include the
names of voter that were not allowed to vote.
Note:
The omission or failure to include the name in the voters’ name registry is
prohibited but it must be proved as a fact that it is done with malice.

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11.

GR NO 200090 MARCH 6 2013

3) the subsequent dishonor of the check by the drawee bank for

PETITION FOR MOTION FOR RECONSIDERATION: FEB 8, 1995

- The complicity which is penalized requires a certain degree of cooperation,

VICTIM STATEMENT IS GIVEN GREAT WEIGHT

Judgement redered on AUGUST 14 1987 xxx declares LUCILA

NOT GUILTY OF MURDER. - The judgment of the lower court appealed

Sulpicio Intod – attempted murder – petitioned for impossible crime

Intod and his companions were positively identified by witnesses.

the petition is hereby GRANTED, the decision of respondent Court of

Where the offense is legally impossible of accomplishment, the actor

The impossibility of accomplishing the criminal intent is not merely a

In that case all circumstances which prevented the consummation of

Whether the accused is guilty of mala prohibita

1. Sunico and Abuyan omitted the former 6 names and 42 persons

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