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DR. ULPIANO P.
SARMIENTO III
Dean
ATTY. CARLO D. BUSMENTE
Vice Dean
ATTY. MARIA ELIZA CAMILLE B. YAMAMOTO-SANTOS
Prefect of Student Affairs
ATTY. ROBEN B. CADUGO JR.
Administrative Officer
TTY. ROBEN B. CADUGO JR.
A
ATTY. PAULINO Q. UNGOS III
Advisers
SAMUEL JOSHUA CRUZ
Overall Chairperson
REX ROLAND REGIO MARIA LOURDES MENDOZA
Chairperson, Academics Chairperson, Finance
MAEIA MIKHAELA MAYUGA DIAZMEAN KYLA SOTELO
hairperson, Assessment, Learning &
C Chairperson, Recruitment & Membership
Development
BRYAN AREVALO
PIA MONICA DIMAGUILA hairperson, Partnership & External
C
Chairperson, Bar Matters Relations
ANDREA JOSES TAN THERESE JEANNE BELARMINO
Chairperson, Communications Chairperson, Operations & Logistics
MIGERN COLE ESTABILLO ROSANNA NAIG
Chairperson, Secretariat Chairperson, EDP
MA. LOLITA KIM PALENCIA
Chairperson, Bar Mentoring Program
YRREL DAVE NAVELA
Z USTINE VINCENT PASCUAL
J
MARK COLOCADO JOEL REMENTILLA
eputy Chairpersons, Operations &
D Deputy Chairpersons, Academics
Logistics
GISELLE MARIE DIAZ
Deputy Chairperson, Communications
NTONINA CONCEPCION
A
MIER DELA CRUZ ILL QUIMSON
J
Deputy Chairperson, Membership
MARIEL ARAGON
Deputy Chairpersons, ALD
RAMAINE BALON
A
MICHAEL DOMINIQUE ISIDRO JASMINE JAGUNAP
Deputy Chairpersons, Finance
Deputy Chairperson, Bar Matters
NGEL ROSE CINCO
A ARON FRANCISCO
A
MA. REGINA SANTIAGO RHIANA NAVARRO
AUBREY ANGELI TAN eputy Chairpersons, Bar Mentoring
D
ZAMANTHA JOSH ALCAZAR Program
DOMSKI CANDOLITA
Deputy Chairpersons, EDP AARMIE GOCE
L
ERIKA PACA
KATHERINE ANNE LABAYO Deputy Chairpersons, Secretariat
Deputy Chairperson, Ex Parte
HANZ CHRISTIAN MIRAFLOR KIMBERLY JOY NAPARAN
Commercial Law Political Law
ISABELA SOFIA ELEAZAR ANTHONY JOHN RODRIGUEZ
Legal Ethics Taxation Law
LANCE LIZOR PUNZALAN LOUISE ATHENA MONSERRAT
Remedial Law Civil Law
FELICE LEONAJOY HERNANDEZ ERYL AMRHEIN AGUSTIN
Criminal Law Labor Law
QUENNIE SERENO ENRIC ALCAIDE
Commercial Law Political Law
SOFIA REGINA YASAY ROSCH MANUEL
Legal Ethics Taxation Law
NALA ANOVER HILLARY SANTILLAN
Remedial Law Civil Law
JANNAH ODTUHAN BIANCA VELASCO
Criminal Law Labor Law
ABEGAIL CRUZ
FRANCIA MARIE DIMACULANGAN
ARIELLE GONZALES
ANALYN HUGO
JASMINE JAGUNAP
SAGE LINGATONG
KELLY TSANG
TREXIE VERGARA
JOSHUA WALO
This work is the intellectual property of the SAN BEDA COLLEGE ALABANG
SCHOOL OF LAW and SAN BEDA COLLEGE ALABANG CENTRALIZED BAR
OPERATIONS 2024. It is intended solely for the use of the individuals to
which it is addressed – the Bedan community.
Publication, reproduction, dissemination, and distribution, or copying of
the document without the prior consent of the SAN BEDA COLLEGE
ALABANG SCHOOL OF LAW CENTRALIZED BAR OPERATIONS ACADEMICS
COMMITTEE 2024 is strictly prohibited.
Material includes cases penned by Justice Lopez and recent landmark
cases decided by the Supreme Court.
COPYRIGHT © 2024
AN BEDA COLLEGE ALABANG SCHOOL OF LAW
S
SAN BEDA COLLEGE ALABANG SCHOOL OF LAW CENTRALIZED BAR
OPERATIONS 2024
ALL RIGHTS RESERVED BY THE AUTHORS
TABLE OF CONTENTS
REVISEDPENALCODE-BOOKONE........................................................................................1
CIRCUMSTANCESAFFECTINGCRIMINALLIABILITY.........................................................1
JustifyingCircumstances(RevisedPenalCode,Art.11)...................................................1
AbuyoySagritvPeople...............................................................................................1
ExemptingCircumstances(RevisedPenalCode-Art.12)...............................................4
PeoplevLeocadioyLabrador.....................................................................................4
AggravatingCircumstances(RevisedPenalCode,Art.14)..............................................6
PeoplevSualog...........................................................................................................6
AggravatingCircumstances(RevisedPenalCode,Art.14)..............................................9
PeoplevJuadayNavarro............................................................................................9
CivilLiabilityEx-Delicto....................................................................................................11
Matobato,Sr.vPeopleofthePhilippines..................................................................11
CivilLiabilityEx-Delicto....................................................................................................13
ByronCacdacvRobertoMercado.............................................................................13
REVISEDPENALCODE-BOOKTWO.....................................................................................16
TITLE7-CRIMESCOMMITTEDBYPUBLICOFFICERS(ARTICLES203-245)................16
Anti-Graft and Corrupt Practices Act - R.A. No. 3019, as amended by B.P. Blg. 195 and
R.A.No.10910,Sections2-6,9and11...........................................................................16
IsmaelvPeople.........................................................................................................16
Anti-GraftandCorruptPracticesAct-R.A.No.3019......................................................18
MacasilvFraudAuditandInvestigationCommission-CommissiononAudit..........18
Anti-GraftandCorruptPracticesAct-R.A.No.3019-Section3(e)...............................20
QuioguevEstacio,Jr.................................................................................................20
TITLE8-CRIMESAGAINSTPERSONS(ARTICLES246-266-D)......................................23
Rape(Art.266-A).............................................................................................................23
PeoplevDiegayZapico............................................................................................23
TITLE10-CRIMESAGAINSTPROPERTY(ARTICLES293-332)......................................26
TheftandQualifiedTheft(Art.308inrelationtoArt.310)...............................................26
HomolyRomorosavPeople.....................................................................................26
RobberywithHomicide....................................................................................................29
PeoplevRonaldLagudayRobisido..........................................................................29
TITLE14-QUASI-OFFENSES(ARTICLES365).................................................................31
Quasi-Offenses................................................................................................................31
RamosvRosell..........................................................................................................31
SPECIALPENALLAWS.............................................................................................................34
Anti-TraffickinginPersonsActof2003..................................................................................34
(R.A.No.9208,asamendedbyR.A.Nos.10364and11862,Sections4-6)........................34
PeoplevArrazyRodriguez.......................................................................................34
Anti-ViolenceAgainstWomenandtheirChildrenActof2004...............................................36
(R.A.9262.Secs.3,5,8-16,and24-27)..............................................................................36
KnutsonvSarmiento-Flores......................................................................................36
Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165, as amended by R.A. No.
10640, Secs. 4, 5, 6, 11-15, 21, 23-27, 29, 66, 68 and 98; A.M. 18-03-16- SC; IRR of R.A.
No.9165,Sec.21).................................................................................................................39
ComprehensiveDangerousDrugsActof2002-ChainofCustody................................39
PeoplevBalbarezyHernandez................................................................................39
ComprehensiveDangerousDrugsActof2002-ChainofCustody................................42
PeoplevIlaganyGarcia............................................................................................42
ComprehensiveDangerousDrugsActof2002-ValidityofBuyBustOperation.............45
JasperTanySiavPeopleofthePhilippines.............................................................45
ComprehensiveDangerousDrugsActof2002-ChainofCustody................................48
PeoplevGandawaliyMawarao................................................................................48
ComprehensiveDangerousDrugsActof2002-ChainofCustody................................50
PeoplevFloresyCasero...........................................................................................50
ComprehensiveDangerousDrugsActof2002-ChainofCustody................................54
PeoplevPaduayCequeña.......................................................................................54
Illegal sale and possession of dangerous drugs; Validity of warrantless arrest; Validity of
warrantless searches (Search of moving vehicle; Stop and Frisk); Timely questioning of
thelegalityofarrestandsearch.......................................................................................57
QuiapyEvangelistavPeople....................................................................................57
IllegalsaleandPossessionofDangerousDrugs............................................................60
Reyes,Jr.yDeLosReyesvPeople..........................................................................60
ChainofCustody-Witnesses..........................................................................................63
PeoplevRowanBunielyRamos...............................................................................63
ChainofCustody.............................................................................................................66
PeoplevMazoyYbañez...........................................................................................66
An Act Providing for Stronger Protection Against Rape and Sexual Exploitation and Abuse,
IncreasingtheAgeforDeterminingtheCommission ofStatutoryRape..............................69
(R.A.No.11648,Secs.1-3)...................................................................................................69
StatutoryRape.................................................................................................................69
PeoplevXXX.............................................................................................................69
REVISED PENAL CODE - BOOK ONE
CIRCUMSTANCES AFFECTING CRIMINAL
LIABILITY
Justifying Circumstances (Revised Penal Code, Art. 11)
Abuyo y Sagrit v People
LOPEZ, M., J.
G.R. NO. 250495 | July 6, 2022
DOCTRINE
he admission of self-defense or defense of a relative frees the prosecution
T
fromtheburdenofprovingthattheaccusedcommittedthecrime.Theburdenis
shifted to the accused to prove that their act was justified. These justifying
circumstances must be clearly established through convincing evidence. They
cannot be appreciated ifuncorroboratedbycompetentevidenceorispatently
doubtful. In self-defense, the following elements must concur: (1) unlawful
aggression on the part of the victim; (2) reasonable necessity of the means
employed to prevent or repel such aggression; and (3) lack of sufficient
provocationonthepartofthepersonresortingtoself-defense.Indefenseofa
relative, the accused likewise needs to establish the first two requisites of
self-defense. In lieu of thethirdrequirement,however,theaccusedmustprove
that "in case the provocation was given by the person attacked, that the one
making the defense had no part therein."
FACTS
eoAbuyoySagrit(Leo) waschargedwithHomicide.Leowasaccusedforthe
L
deathofCesarTapelyBacerdo(Cesar)bydoingafeloniousattack,assaultand
stabbing. Leo sought reconsideration for the decision made by the Regional
Trial Court and Court of Appeals.
t around 7:30 p.m. Leo with his wife going home using their motorcycle,
A
blocked their way by Cesar with his son, Charles Tapel (Charles), who were
armed with a fan knife (balisong) and a gun. Leo swerved the motorcycle
towards Leonardo Abuyo’s (Leonardo) house,Leo’s father.Charleswenttothe
houseofLeonardoandkickedthebamboofenceandpointedhisgunatpeople
and yelled so Leo would come out. Leonardo tried topacifyCharlesbutCesar
arrived so then he got stabbed. Leonardo in the lower left part of his chest.
Leonardo ran but Cesar still pursued him with the fan knife.
1
eowentoutsidethenCesartriedtostabLeosoasadefenseheusedaboloon
L
topofthetableandhackedCaesar'srighthand.Cesartriedtogetthefanknife
againso Leostabbedhimagaininthelowerpartofhisstomachwhichcaused
the ultimately death of Cesar. Leo voluntarily surrendered to the authorities
after the incident.
eoclaimedthathisactionswereself-defenseanddefenseofarelative.Andhe
L
should not be guilty. Leo claimed that the means he used was reasonably
necessary to repel the unlawful aggression. At the time of the incident Cesar
and Charles have a clear intent tokillhim,bothofthemwerearmedwithbolo
and a gun.
eo was convicted beyond reasonable doubt of the crime of Homicidebythe
L
Regional Trial Court ofDaet,CamarinesNorte,Branch38beingfailedtoprove
all the elements of self-defense because the means employed were not
reasonably necessary to repel the unlawful aggression. The CA affirmed the
decisionofRTC withmodificationandorderedhimtopaytheheirsofCesarfor
moral damages, civil indemnity, and temperate damages.
ISSUE
Was Leo’s act a necessary means to repel the unlawful aggression.
RULING
Yes, Leo’s action was reasonably necessary to repel the unlawful aggression.
In self-defense, the following elements must concur:
(1) unlawful aggression on the part of the victim;
(2) reasonable necessityofthemeansemployedtopreventorrepelsuch
aggression; and
(3) lack of sufficient provocation on the part of the person resorting to
self-defense.
I n defense of a relative, the accused likewise needs to establish the first two
requisitesofself-defense.Inlieuofthethirdrequirement,however,theaccused
mustprovethat"incasetheprovocationwasgivenbythepersonattacked,that
the one making the defense had no part therein."
he test was whether the accused's subjective belief as to the imminenceand
T
seriousnessofthedangerwasreasonableornot,andthereasonablenessofthe
accused's belief must be viewed from their standpoint at the time they acted.
The law requires rational equivalence, not material commensurability. The
instinct of self-preservation prevailed upon the accused during the fateful
incident.
2
I n this case, the first and third requisites of self-defense and defense of a
relative were undisputedly present. When Cesar attacked Leonardo and
attempted to stab Leo there's unlawful aggression and Leo had the right to
protect himself and his father. There's also no provocation on the part of Leo
becausetheonewhooriginallyattackedwasCesarandCharles.Leowhowasin
a survival and death, had no equanimity to think, calculate, and make
comparisons that can easily be made in the calmness of reason. Leo’s action
was based on fear of death, not criminal intent.
eostabbedCesarforhimtosavehislifeandhisfather's.First,Leonevertook
L
advantage oftheopportunitytoraceoffanattackinsteadLeoheldhisground
andwasforcedtoactonlywhenCesarrepossessedthefanknife.Second,there
was a threatening presence of Charles who was holding a gun that could be
fired at any given moment during the incident. If Leo was actuated by
homicidal intentions, he would have persisted in his attack against Cesar and
thereafter,hewouldhavealsoracedoffanattackagainstCharlestopreempta
possible gunfire. Leo would have attempted to kill Charles as well, but he did
nothingofthatsort.Leoonlyactedreactivelyandretaliatedblowsonlyagainst
the striking aggressor. Third, Leo voluntarily surrendered himself to the
authoritiesaftertheincident.TheCourtrepeatedlyobserved,unexplainedflight
was an indication of guilt. The guilty flee when no man pursueth but the
innocent are as bold as a lion.
herefore, Leo shouldbeacquittedofthecrimeofHomicideonthegroundsof
T
self-defense and defense of relatives. Leo used reasonable means to defend
himself and his father to repel or prevent the attack depending upon the
imminent danger of injury.
3
Exempting Circumstances (Revised Penal Code - Art. 12)
People v Leocadio y Labrador
LOPEZ, M., J.
G.R. NO. 227396 | February 22, 2023
DOCTRINE
heessentialrequisitesofanaccidentasanexemptingcircumstance,are:(1)a
T
personisperformingalawfulact;(2)withduecare;(3)he/shecausesaninjury
to another by mere accident; and (4) without fault or intention of causing it.
FACTS
AA227396 wasinstructedbyBBB227396andCCC227396,togetherwithhistwo
A
siblings,tocollectthepaymentofricecakesfromtheirneighbor,MiloLeocadio
y Labrador (Milo). AAA227396 did not return and was reported missing the
followingday.ThelifelessbodyofAAA227396wasfoundinthehouseofMiloby
barangay officials. AAA227396 was found underneathMilo'swoodenbedlying
flat on her back with a cloth wrapped around her mouth and nose, and with
both hands tied and twisted at her back. After investigation, the autopsy
reported that AAA227396 died due to asphyxia by suffocation. The medical
examinationalsorevealedthatAAA227396sustainedhymenallacerationsatthe
3o'clockpositionandsufferedatotalof33injuriesandabrasionsonherchest,
abdomen, neck, back, extremities, forehead, ears, nose, eyelid, lips, and throat.
ilowaschargedwiththecomplexcrimeofrapewithhomicidebeforetheRTC
M
of Romblon. Milo pleaded guilty and admitted in the trialthatheindeedkilled
AAA227396butclaimedthatitwasaccidental.Miloclaimedthathewassleeping
at the time the incident happened and AAA227396 awakened him abruptly,
making him unconsciously throw a punch that hit the latter. As a result,
AAA227396 bumpedthewallandfellontheground,anddied.Afterwhich,Milo
requested his mother to seek help from the barangay. The police authorities
arrived and investigated the case and Milo denied raping AAA227396.
TC found Milo guilty of rape with homicide. Milo elevated the case to the CA
R
and assailed that there is no sufficient circumstantial evidence existstoprove
thathedidthecrimeandinvokedaccidentalkillingandmaintainedthathedid
not rape the victim. The CA affirmed the RTC’s findings with modification by
imposing interest on the award of damages. Hence, this recourse.
ISSUE
Is the exempting circumstance of accident applicable in this case.
4
RULING
No, the exempting circumstance of accident is inapplicable in this case.
he essential requisites of accident as an exempting circumstance, are: (1) a
T
personisperformingalawfulact;(2)withduecare;(3)he/shecausesaninjury
to another by mere accident; and (4) without fault or intention of causing it.
I n this case,theactofboxingAAA227396onthechestisunlawful,constituting
at least the felony of physical injuries. Further, the evidence to proveintentto
kill in crimes against persons may consist, inter alia, inthemeansusedbythe
malefactors, the nature, location, and number of wounds sustained by the
victim.Theintenttokillispresumedifthevictimdiesasaresultofadeliberate
act of the malefactors. Here, AAA227396 died due to asphyxia by suffocation
and was found underneath Milo's bed with a cloth wrapped aroundhermouth
andnose,andwithbothhandstiedandtwistedatherback.Worse,AAA227396
suffered a total of 33 injuries and abrasions on different parts of her body.
I narguably, the autopsy report loudly speaks against Milo's alleged lack of
intent. The report corroboratesthefactthattheseinjuriescouldnothavebeen
inflicted withouttheaccusedhavingplacedhimselfincontrolofhisvictim.The
report also supports the conclusion that theinjurieswereinflictedtorepelany
resistance that the victim may offer the accused. As the examining physician
testified, the rope marks found on the forehead of the victim was meant to
prevent her from fighting the accused. The abrasionsmighthavebeencaused
by hitting or striking the victim's body with a hard object such as a piece of
woodorfistblows.Theasphyxiawasaresultofcoveringorwrappingthemouth
andnasalorificewithaclothorexertingpressurebytheuseofhumanhandsor
any other means.
Therefore, the exempting circumstance of accident is not applicable.
5
Aggravating Circumstances (Revised Penal Code, Art. 14)
People v Sualog
LOPEZ, M., J.
G.R. NO. 250852 | October 10, 2022
DOCTRINE
nyInformationwhichallegesthataqualifyingoraggravatingcircumstance—
A
in which the law uses a broad term to embrace various situations in which it
may exist, such as but are not limited to (1) treachery; (2) abuse of superior
strength; (3) evident premeditation; (4) cruelty — is present, must state the
ultimatefactsrelativetosuchcircumstance.Otherwise,theinformationmaybe
subject to a motion to quash under Section 3(e) (i.e., that it does not conform
substantially to the prescribed form), Rule 117 oftheRevisedRulesofCriminal
Procedure,oramotionforabillofparticularsundertheparameterssetbysaid
Rules.
FACTS
ohn Francis Sualog (John Francis) was charged with three counts of murder
J
againstAmado,EppieandJessa.Ineachoftheinformation,itstatedthatJohn
Francis, armed with a bolo, with intent to kill, did then and there willfully,
unlawfully and feloniously attack, assault, hack, and stab with the said bolo:
Amado Maglantay, Eppie U.Maglantay,andJessaAmieU.Maglantaywiththe
qualifying aggravating circumstances of evident premeditation, treachery,
takingadvantageofnighttimeandsuperiorstrengthandthecommissionofthe
offensewascharacterizedbycrueltyandaddingignominytothenaturaleffects
of the crime.
pon the arraignment, John Francis pleaded guilty. RTC did not require the
U
prosecution to present evidence to prove the precise degree of John Francis’
culpability although the charges involved a capital offense. TheRTCconvicted
JohnFranciswiththreecountsofmurderandimposedthepenaltyofdeathfor
each case and then the case was forwarded to the court for automatic review.
he Court transferred the case to the CA for appropriate action, the CA
T
remanded the case to the RTC to prove John Francis’ precise degree of
culpability. April Magsipoc (April), the foster daughter oftheMaglantayfamily
was presented as witness. She assailedthatshewasinsideherroomwhenshe
heard her fosterfatherAmadoyellaswellasherfostermother,Eppie.Shegot
up the bed and opened her bedroom door, she saw John Francis hacking her
sister, Jessa, with a bolo. She thenimmediatelyturnedoffthelight,lockedthe
door,andremainedquiet.AprilwasscaredthatJohnFranciswouldkillher.After
6
fewminutes,AprilnoticedthatJohnFranciswasleavingthehouse,shewent
a
tothelivingroomwhereshesawAmado,EppieandJessalifeless.JohnFrancis
waived his right to present evidence.
TC found John Francis guilty of three counts of murder and appreciated the
R
qualifying circumstances of treachery, evident premeditation, and unlawful
entry. John Francis elevated the case totheCAallegingthatthespecificfacts
constituting the qualifying aggravating circumstances and to prove the
essential elements of murder. In contrast, the Office of the Solicitor General
countered that treachery qualified the killing to murder. The weapon used,
coupled with the location and number of the wounds, showed John Francis'
clear intent to kill the unsuspecting victims.
A affirmed John Francis’ conviction for three counts of murder. The CA
C
explained that John Francis is deemed to have waived any objection against
the sufficiency of the Informations for his failuretoquestionanydefectinthe
charges during the trial. The CA also ruled that the prosecution proved
treachery considering that the attack was carried out in a sudden and
unexpected manner.
Hence, the appeal before this court.
ISSUE
id the prosecution fail to allege the specific facts constituting the qualifying
D
aggravating circumstances to prove the essential elements of murder.
RULING
es, the prosecution failed to allege the specific facts constituting qualifying
Y
aggravating circumstances to prove the essential elements of murder.
ndertheRevisedPenalCode,anyInformationwhichallegesthataqualifying
U
oraggravatingcircumstance—inwhichthelawusesabroadtermtoembrace
various situations in which it may exist, such as but are not limited to (1)
treachery; (2) abuse of superior strength;(3)evidentpremeditation;(4)cruelty
— is present, must state the ultimate facts relative to such circumstance.
Otherwise, the information maybesubjecttoamotiontoquashunderSection
3(e)(i.e.,thatitdoesnotconformsubstantiallytotheprescribedform),Rule117
of the Revised Rules ofCriminalProcedure,oramotionforabillofparticulars
under the parameters set by said Rules.
Here, the Information against John Francis were defective absent factual
details describing the qualifying circumstances of treachery and evident
premeditation. The Court has consistently ruled that treachery cannot be
appreciated where the prosecution only proved the events after the attack
happened, but not the manner of how the attack commenced or how the act
which resulted in thevictim'sdeathunfolded.Intreachery,theremustbeclear
and convincing evidence on how the aggression was made,howitbegan,and
howitdeveloped.Wherenoparticularsareknownastothemannerinwhichthe
7
ggression was made or how the act which resulted inthedeathofthevictim
a
began and developed, it cannot be established from the suppositions drawn
onlyfromthecircumstancespriortotheverymomentoftheaggression,thatan
accusedperpetratedthekillingwithtreachery.Accordingly,treacherycannotbe
considered where the lone witness did not see the commencement of the
assault.
he witnessneithersawthecommencementoftheassaultnortheunfoldingof
T
the events that ultimately resulted in the death of the Maglantay family. The
witness chanced upon a slim portion or momentary episode of the attack.
Thereafter, April hid from John Francis. The prosecution also did not establish
with moral certainty that the three victims were utterly oblivious to the
impending attack or that they had no opportunity to mount a meaningful
defense. Inarguably, there was reasonable doubt on how the aggression
started,developed,andended.Also,theprosecutionfailedtopresentevidence
to show the relative disparity in age, size, strength, or force between John
Francis and his victims. The presence of John Francis who was armed with a
bolo, is insufficient to indicate superior strength against the three unarmed
victims. Neither ignominy nor cruelty attended the commission of the crimes.
ohn Francis is liable only for three counts of homicide for failure of the
J
prosecutiontoprovetheallegedqualifyingcircumstances.Onthispoint,itmust
be recalled that John Francis entered a plea of guilty when he was arraigned.
ence, the appeal is DISMISSED. The CA decision is AFFIRMED with
H
MODIFICATION. Accused-appellant John Francis Saulog is GUILTY of three
counts of homicide.
8
Aggravating Circumstances (Revised Penal Code, Art. 14)
People v Juada y Navarro
LOPEZ, M., J.
G.R. NO. 252276 | November 11, 2021
DOCTRINE
reacheryisnotanelementofrobberywithhomicide.Neitherdoesitconstitute
T
a crime speciallypunishablebylawnorisitincludedbythelawindefiningthe
crime of robberywithhomicideandprescribingthepenaltytherefor.Treachery
islikewisenotinherentinthecrimeofrobberywithhomicide.Hence,treachery
should be considered as a generic aggravating circumstance in robbery with
homicide for the imposition of the proper penalty for the crime.
FACTS
errico Juada y Navarro (Jerrico) was charged with the crimeofrobberywith
J
homicide penalized under theprovisionsofArt.294oftheRevisedPenalCode,
as amended by Republic Act No. 7659,committed against Florante Garcia
(Florante) beforetheRegionalTrialCourt(RTC),committedasfollows: Thaton
oraboutthe18thdayofDecember2011,inthemunicipalityofBocaue,province
of Bulacan, the above-named accused, did then and there willfully, unlawfully
and feloniously, with intent togainandbymeansofviolenceandintimidation,
take, robandcarryawaywithhimcashamountingto[P]110,000.00andaColt
MK IV caliber 45 pistol, belonging to one Florante Garcia y Celestino, to the
damage and prejudice of the latter, that on the occasion of the said robbery
andbyreasonthereof,saidaccuseddidthenandtherewillfully,unlawfullyand
feloniously, with intent to kill, treacherously assault, attack and shoot with a
firearm he was then provided with Florante Garcia y Celestino, who suffered
mortal wounds that caused his instantaneous death.
errico pleaded not guilty. At the trial, the prosecution presented Amalia
J
Valentin(Amalia),PO2CarlitoBucco,Jr.(PO2Bucco,Jr.),AngelBonbon(Angel),
PO3 Richard Higoy (PO3 Higoy), Marlon Geronimo (Marlon), and Jonathan
Garcia(Jonathan).ThesewitnessestestifiedtoseeingJerricocommitthecrime.
TheydescribedhowJerricoshotFloranteandtookhisbelongingsbeforefleeing
onamotorcycle.Thepoliceofficersalsorecoveredthesuspect'sbelongingsata
nearby location. On the other hand, the defense presented Jerrico, Jayson
Duhilag(Jayson)andImeldaSantos(Imelda).Thesewitnessesclaimedtohave
seen Jerrico elsewhere on the day of the incident. Jerrico denied any
involvement in the crime.
9
heRegionalTrialCourt(RTC)convictedJerricoofrobberywithhomicidebased
T
on circumstantial evidence. The court foundthetestimoniesoftheprosecution
witnesses to be more credible and reliable. The chain of events and the
testimonies pointed to Jerrico's guilt beyond reasonable doubt. Treachery was
consideredagenericaggravatingcircumstanceinthekillingofFlorante.Jerrico
appealed the RTC's decision to the CourtofAppeals(CA).TheCAaffirmedthe
RTC's findings.TheprosecutionhadprovenJerrico'sidentityastheperpetrator
of the crime. Jerrico's defenses of denial and alibi were not deemed credible.
The CA upheld the imposition of the penalty of reclusion perpetua without
eligibility for parole and the award of damages to the victim's heirs.
ISSUE
as theprosecutioncorrectinprovingJerrico'sguiltbeyondreasonabledoubt
W
for the crime of robbery with homicide.
RULING
es, the prosecution was correct. The Supreme Court affirmed Jerrico's
Y
conviction for robbery with homicide. To reiterate, the crime of robbery with
homicidecarriesthepenaltyof reclusionperpetua todeath.UnderArticle63of
RevisedPenalCode,inallcasesinwhichthelawprescribesapenaltycomposed
of two indivisible penalties, the greater penalty shall be applied when in the
commission of the deed there is present only one aggravating circumstance.
I n this case, the presence of treachery asagenericaggravatingcircumstance
wouldhavemeritedtheimpositionofthedeathpenalty.InviewofRANo.9346,
however, the Court is mandated to impose on Jerrico the penalty of reclusion
perpetuawith qualification that he is not eligiblefor parole.
reacheryisnotanelementofrobberywithhomicide.Neitherdoesitconstitute
T
a crime speciallypunishablebylawnorisitincludedbythelawindefiningthe
crimeofrobberywithhomicideandprescribingthepenaltytherefore.Treachery
islikewisenotinherentinthecrimeofrobberywithhomicide.Hence,treachery
should be considered as a generic aggravating circumstance in robbery with
homicide for the imposition of the proper penalty for the crime.
10
Civil Liability Ex-Delicto
Matobato, Sr. v People of the Philippines
LOPEZ, M., J.
G.R. NO. 229265 & 229624 | February 15, 2022
DOCTRINE
very personcriminallyliableforafelonyisalsocivillyliable.Yet,thedismissal
E
of the criminal action does not carry with it the extinction of the civil liability
where:"(a)theacquittalisbasedonreasonabledoubtasonlypreponderanceof
evidence is required; (b) the court declares that the liability of the accused is
only civil; and (c) the civil liability of the accused doesnotarisefromorisnot
baseduponthecrimeofwhichtheaccusedisacquitted."Thequantumofproof
to establish civil liability is preponderance of evidence which is definedasthe
"weight, credit, and value of the aggregate evidence on either side and is
usually considered to be synonymous with the term 'greater weight of the
evidence' or 'greater weight of the credible evidence.
nder the "threefold liability rule," the wrongful acts or omissions of public
U
officers may give rise tocivil,criminalandadministrativeliabilities.Corollarily,
public officers could still be held civilly liable to reimburse the injured party
notwithstanding their acquittal.
FACTS
he Sangguniang Bayan of the Municipality of Pantukan, Compostela Valley,
T
passed Resolution No. 164, Series of 1994 authorizing Silvino B. Matobato, Sr.
(Silvino), the Municipal Treasurer, to transfer an unspecified amount of
municipal funds from the Land Bank of the Philippines (LBP) to Davao
Cooperative Bank (DCB). Accordingly, Silvino opened a time deposit account
with DCB andtransferredthereinvariousamountsfrom1994to1998.However,
DCBsufferedinsolvencyin1998,andwasplacedunderreceivership.Asaresult,
the Municipality of Pantukan failed to withdraw the deposited amounts. In its
Annual Audit Report for 1998, the Commission on Audit (COA) found that the
Sangguniang Bayan of Pantukan treated thefundsdepositedwithDCBasidle
funds.
hus, the COA recommended the filing of criminal and administrative charges
T
against the municipal officials involved in the transaction with DCB. Acting on
theCOA'sreport,theOmbudsmanfiledanInformation4forviolationofSection
3 (e) of Republic Act (RA) No. 3019 against Silvino and Sangguniang Bayan
members Walter B. Bucao (Walter), and Cirila A. Engbino (Cirila), along with
seven other municipal officials before the Sandiganbayan. The Information
11
hargedtheaccusedofconspiracyandgrossinexcusablenegligenceinissuing
c
Resolution No. 164,Seriesof1994.Allegedly,thefundswerenotidlefundsthat
may be deposited at any bank under a time deposit account. Moreover, the
accused authorized the transaction without investigating DCB's financial status.
ISSUE
houldSilvino,Walter,andCirilabeheldcivillyliablefornegligentlytransferring
S
municipal funds to an insolvent bank.
RULING
ES. Silvino, Walter, and Cirila are civilly liable for negligently transferring
Y
municipal funds to an insolventbank.Thedismissalofthecriminalactiondoes
not extinguish the civil liability of the accused.
very personcriminallyliableforafelonyisalsocivillyliable.Yet,thedismissal
E
of the criminal action does not carry with it the extinction of the civil liability
where:"(a)theacquittalisbasedonreasonabledoubtasonlypreponderanceof
evidence is required; (b) the court declares that the liability of the accused is
only civil; and (c) the civil liability of the accused doesnotarisefromorisnot
baseduponthecrimeofwhichtheaccusedisacquitted."Thequantumofproof
to establish civil liability is preponderance of evidence which is definedasthe
"weight, credit, and value of the aggregate evidence on either side and is
usually considered to be synonymous with the term 'greater weight of the
evidence' or 'greater weight of the credible evidence.'
otably, the Sandiganbayan acquitted Silvino, Walter,andCirilabecausetheir
N
guilt was not proven beyond reasonabledoubt.Thus,anycivilliabilitysurvives
because only preponderant evidence is necessary to establish it. Here, the
requiredquantumofproofwasmettosustaintheSandiganbayan'sfindingson
thecivilliabilityofSilvino,Walter,andCirila.Underthe"threefoldliabilityrule,"
the wrongful acts or omissionsofpublicofficersmaygiverisetocivil,criminal
and administrativeliabilities.Corollarily,publicofficerscouldstillbeheldcivilly
liable to reimburse the injured party notwithstanding their acquittal.
12
Civil Liability Ex-Delicto
Byron Cacdac v Roberto Mercado
LOPEZ, M., J.
G.R. NO. 242731 | JUNE 14, 2021
DOCTRINE
very personcriminallyliableforafelonyisalsocivillyliable.Yet,thedismissal
E
of the criminal action does not carry with it the extinction of the civil liability
where:(a)theacquittalisbasedonreasonabledoubtasonlypreponderanceof
evidence is required; (b) the court declares that the liability of the accused is
only civil; and (c) the civil liability of the accused doesnotarisefromorisnot
based upon the crime of which theaccusedisacquitted.Notablythequantum
ofprooftoestablishcivilliabilityispreponderanceofevidence,whichisdefined
astheweight,credit,andvalueoftheaggregateevidenceoneithersideandis
usually considered to be synonymous with the term "greater weight of the
evidence" or "greater weight of the credible evidence." It is evidence that is
more convincing to the court as worthy of belief than that which is offered in
opposition thereto.
FACTS
etitioner Byron Cacdac (Cacdac) was involved in an estafa case with Byron
P
Express Bus Company’s (Byron Express) clerk Jaivi Mar Juson (Juson) as filed
by Respondent Roberto Mercado(Mercado),whowasagasolinestationowner
and fuel retailer. Through Mercado’s employee, it delivered to Byron Express
10,000 liters of diesel fuel. On the same day, ByronExpress'clerkreceivedthe
fuel and executed a trust receipt with the duty to remit the proceeds. On the
due date, Juson didn’t comply with his obligation to Mercado despite demand.
ggrieved, Mercado filed a complaint for estafa, involving unfaithfulness or
A
abuse of confidence, under Article 315 paragraph 1 (b) of the Revised Penal
Code(RPC)inrelationtotheTrustReceiptsLawagainstJusonandCacdac,the
alleged owner of Byron Express. The public prosecutor found probable cause
and filed an information before the Regional Trial Court (RTC).
acdac moved for a demurrer to evidence without leave of court and argued
C
thathewasnotcriminallyandcivillyliable.Cacdacmaintainedthathewasnot
a party to the trust receipt agreement, the transaction was a sale, and the
demand letter was solely addressed to Juson.
13
heRTCgrantedthedemurreranddismissedthecriminalcaseagainstCacdac,
T
but held him liable to pay Mercado regarding the delivered fuel. The RTC
exonerated Juson from any liability, considering that he merely acted as an
agent. Cacdac filed reconsideration but was denied. The Court explained that
thecriminalactionagainstCacdacwasdismissedbecausehisliabilitywasonly
civilinnaturebeingtheownerofByronExpress,theemployerofJuson,andthe
real buyer of the diesel fuel. Consequently, the jurisprudence barring the
imposition of civil liability in caseofacquittaldoesnotapplyastheoffenseof
estafadoesnotexistbecausethetransactionbetweenthepartiesisoneofsale.
TheCourtwouldalsoliketoclarifythattheaccusedwasnotactuallyacquitted
of theoffenseofestafa.Thechargeofestafafiledagainstthetwo(2)accused
was dismissed for the reason that the accused’s' obligation was purely civil in
character, nothing more, nothing less. Cacdac elevated the case totheCAbut
was likewise denied, affirming in toto RTC’s findings as to his civil liability.
ISSUE
Was the accused civilly liable despite acquittal from the criminal charge.
RULING
O. The accused should not be held civilly liable as there is no preponderant
N
evidence to establish the civil liability of the accused.
very personcriminallyliableforafelonyisalsocivillyliable.Yet,thedismissal
E
of the criminal action does not carry with it the extinction of the civil liability
where:(a)theacquittalisbasedonreasonabledoubtasonlypreponderanceof
evidence is required; (b) the court declares that the liability of the accused is
only civil; and (c) the civil liability of the accused doesnotarisefromorisnot
based upon the crime of which theaccusedisacquitted.Notablythequantum
ofprooftoestablishcivilliabilityispreponderanceofevidence,whichisdefined
astheweight,credit,andvalueoftheaggregateevidenceoneithersideandis
usually considered to be synonymous with the term "greater weight of the
evidence" or "greater weight of the credible evidence." It is evidence that is
more convincing to the court as worthy of belief than that which is offered in
opposition thereto.
I n this case, both the CA andtheRTCheldthatCacdac'sliabilityispurelycivil
beingtheownerofthebuscompany,theemployerofJuson,andtherealbuyer
of the diesel fuel. Nevertheless, the required quantum of proofwasnotmetto
sustain these findings:
(1) No preponderantevidencethatitwasCacdacwhoorderedthediesel
fuel;
(2) Mercado failed to prove Cacdac's participation in the questioned
transaction;
(3) No proof thatJusonmerelyactedasanagentofCacdacasthetrust
receipt agreement did not bearCacdac'snameorsignatureandissilent
on what capacity Juson received the fuel;
(4)theagreementisclearthatitwasJusonwhoexpresslyboundhimself
toremittheproceedsfromthesaleofthefuelandtobeliableincasehe
reneged on his obligation; and
14
( 5)NoevidencetosupporttheclaimthatCacdacwastheownerofByron
Express.
erily, the burden of proof rests upon thepartywhoassertstheaffirmativeof
V
an issue and not upon he who denies it. The nature of things is that one who
denies a fact cannot produce any proof of it.
ence, Cacdac cannot generally be held liable for corporate obligations. It is
H
settled that a juridical entity has a personality separate and distinct from the
officers and the persons composing it.
15
REVISED PENAL CODE - BOOK TWO
TITLE 7 - CRIMES COMMITTED BY PUBLIC
OFFICERS (ARTICLES 203-245)
Anti-Graft and Corrupt Practices Act - R.A. No. 3019, as amended by B.P.
Blg. 195 and R.A. No. 10910, Sections 2-6, 9 and 11
Ismael v People
LOPEZ, M., J.
G.R. NO. 234435-36 | February 6, 2023
DOCTRINE
oconvicttheaccusedforviolationofSection3(e)ofRANo.3019,thefollowing
T
elements must be proved beyond reasonabledoubt:(1)theaccusedmustbea
publicofficerdischargingadministrative,judicial,orofficialfunctions;(2)he[or
she] must have acted with manifest partiality, or evident bad faith, or gross
inexcusable negligence; and (3) his [or her] action caused undue injurytoany
party, including the Government, or gave any private party unwarranted
benefits, advantage, or preference in the discharge of his functions.
FACTS
ince1997,theMunicipalityofLantawaninBasilanhadoutstandingarrearages
S
onunremittedGSISpremiums,whichescalatedwhenIsmaelassumedofficein
2001.Despitecollectionlettersandpenalties,themunicipalityfailedtosettleits
GSIScontributions,leadingtothesuspensionofloanprivilegesformembers.In
2004,acomplaintformalversationofpublicfundswasfiledagainstIsmaeland
Ajijon. The Ombudsman charged them before the Sandiganbayan with
violations related to their failure to remit GSIS premiums totaling PHP
3,118,005.07.
he Sandiganbayan, in a decision on August 2, 2017, found Ismael and Ajijon
T
guiltyofviolatingSection3(e)ofRANo.3019andSection3.3.1oftheIRRofRA
No. 8291. They were sentenced to imprisonment andperpetualdisqualification
from public office. The court rejected the motion for reconsideration on
September 19, 2017.
16
I n their appeal, the petitionersarguethattheInformationsareinvalidasthey
allege conspiracy but fail to include the municipal accountant and budget
officer, who are crucial in completingtheoffensescharged.Petitionersclaima
violationoftheirrighttobeinformed.Theyalsoargueaviolationoftheirright
to speedy disposition, pointing out the delay fromthefilingofInformationsin
2005totheresolutionin2017.Onthemerits,petitionerscontendtheirfailureto
remit GSIS contributions was due to factors beyond their control, such as
terrorism in the area, arrearagesfromthepreviousadministration,andlimited
municipal resources. They seek dismissal of the criminal cases.
ISSUE
as the Sandiganbayan correct in convicting the petitioners of violation of
W
Section 3(e) of RA No. 3019.
RULING
NO. Petitioners are not liable under Section 3(e) of RA No. 3019
nder Section 3(e) of RA No. 3019, the following elements must be proved
U
beyond reasonable doubt:
(1) the accused must be a public officer discharging administrative,
judicial, or official functions;
(2) he [or she] must have acted with manifest partiality, or evident bad
faith, or gross inexcusable negligence: and
(3) his [or her] action caused undue injury to any party, including the
Government,orgaveanyprivatepartyunwarrantedbenefits,advantage,
or preference in the discharge of his functions.
I nrelationtothesecondelement,thecourtdisagreedthattheaccusedIsmael
and Ajijon acted with evident bad faith because they were in breach of their
respective sworn duties. The court stated that sheer failure to discharge a
statutory duty does not automatically serve as basis for conviction under
Section3(e)ofRANo.3019. Asanelementoftheoffense,theprosecutionmust
present proof beyond reasonable doubt that the officer's act or omission is
accompanied with the elements of manifest partiality, evident bad faith, or
grossinexcusablenegligencetojustifytheconviction.Noevidencesupportsthe
conclusion that evident bad faith or even gross inexcusable negligence
attended such failure.
he Sandiganbayan gravely erred in equating petitioners' failure to discharge
T
theirdutiesunderRANo.8291toevidentbadfaith.Neithercansuchfailurebe
deemed as gross and inexcusable as contemplated under RA No. 3019.
Violations of RA No. 3019, as its title implies, must be grounded on graft and
corruption,whichentailsdishonestorfraudulentactionsforacquisitionofgains.
Absent a showing of bad faith, gross negligence, or acts of dishonesty and
fraud, petitioners cannot be held liable under Section 3(e) of RA No. 3019.
Therefore, the Sandiganbayan was incorrect in convicting the petitioners.
17
Anti-Graft and Corrupt Practices Act - R.A. No. 3019
Macasil v Fraud Audit and Investigation Commission -
Commission on Audit
LOPEZ, M., J.
G.R. NO. 226898 | May 11, 2021
DOCTRINE
robable cause for filing a criminal information constitutes facts sufficient to
P
engender a well-founded belief that a crime hasbeencommittedandthatthe
respondent is probably guilty thereof.
FACTS
hePublicAssistanceandCorruptionPreventionOfficeFact-FindingUnitfileda
T
Complaint againstMaterialsEngineerJoselNemensioM.Macasil(Macasil)and
otherofficialsforviolationofSection3(e)ofRANo.3019ortheAnti-Graftand
CorruptPracticesActandFalsificationunderArt.171oftheRevisedPenalCode
before the Office of the Deputy Ombudsman Visayas.
heComplaintwasgroundedonthefactthatbasedontheinvestigationofthe
T
infrastructure projects of the Tacloban City Sub-District Engineering Office for
the years 2003 and 2004, it was found that 32 infrastructure projects did not
complywithapprovedplansandwereoverpaidduetobloatedaccomplishment
reports.
owever,MacasildeniedthechargesonthegroundthathisworkasaMaterials
H
Engineer revolves around the quality control aspect of the infrastructure
projects. Macasil also claims that he didnotparticipateintheoverpaymentof
theprojectssincehewasnotincludedintheteamthatrecommendedpayment
of the contract price to the contractors.
heOfficeoftheOmbudsmanissuedaresolutionwhereinitstatedthatthereis
T
probable cause to indict MacasilontheallegedviolationofSection3(e)ofRA
No. 3019,asamended,andparagraph4,Article171oftheRevisedPenalCode.
MacasilfiledforaMotionforReconsideration,however,itwasdenied.Thus,this
Petition for Certiorari.
18
ISSUE
as there probable cause against Macasil for violation of Section 3 (e) of RA
W
No. 3019, as amended, and paragraph 4, Article 171 of the Revised Penal Code.
RULING
o, the Court held that there is no probable cause to charge Macasil for
N
violationofSection3(e)ofRANo.3019,asamended,andparagraph4,Article
171 of the Revised Penal Code.
he Supreme Court provided the elements of the offense (Section 3(e)ofRA
T
No. 3019, as amended: a) The accused must be a public officer discharging
administrative, judicial, or official functions; b) He must have acted with
manifest partiality, evident bad faith, or inexcusable negligence; and c) His
actioncausedanyundueinjurytoanyparty,includingthegovernment,orgave
any private party unwarranted benefits, advantage or preference in the
discharge of his functions.
I nthepresentcase,astothefirstelement,itwasestablishedinthefactsofthis
casethatMacasilisaMaterialsEngineeroftheDepartmentofPublicWorksand
Highways (DPWH) of Tacloban City and is performing governmental functions
for the benefit of thepublic.However,theSupremeCourtheldthatthesecond
and third elements are absent in this case since the different modes of
committingtheoffenseasstatedinthe2ndelementwasnotestablishedinthe
case.Asforthethirdelement,itcanbeestablishedbasedontheStatementsof
Work Accomplished that Macasil (as the Materials Engineer) isnotresponsible
for certifying the percentage of the completion of the infrastructure projects
and their compliance with the approved plants and specifications. That asthe
materialengineer,heisonlytaskedtocertifythequalityofthematerialsused,
and the fact that such materials underwent and passed the required tests.
herefore,thereisnoprobablecausetochargeMacasilforviolationofSection
T
3 (e) of RA No. 3019, as amended, and paragraph 4,Article171oftheRevised
Penal Code.
19
Anti-Graft and Corrupt Practices Act - R.A. No. 3019 - Section 3(e)
Quiogue v Estacio, Jr.
LOPEZ, M., J.
G.R. NO. 218530 | January 13, 2021
DOCTRINE
ec.3(e)ofRANo.3019maybecommittedeitherbydolo,aswhentheaccused
S
acted with evident bad faith or manifest partiality, or by culpa as when the
accusedcommittedgrossinexcusablenegligence.Manifestpartialitysignifiesa
clear, notorious, or plain inclination or predilection to favor onesideorperson
ratherthananother.Meanwhile,evidentbadfaithentailsnotonlybadjudgment
butalsoapalpablyandpatentlyfraudulentanddishonestpurposetodomoral
obliquity or conscious wrongdoing for some perverse motive or ill will. This
requires the state of mind to be affirmatively operating with furtive design or
withsomemotiveorself-interestorillwillorforulteriorpurposes.Lastly,gross
inexcusablenegligenceisthedegreeofnegligencecharacterizedbythewantof
even the slightestcare,actingoromittingtoactinasituationwherethereisa
duty to act, not inadvertently but willfully and intentionally, with conscious
indifference to consequences insofar as other persons may be affected.
FACTS
stacio was elected as a member of the board of directors of Independent
E
Realty Corporation Group of Companies (IRC), composed of various
corporations surrendered by former President Marcos to the government and
presently supervised by PCGG. Prior to the expiration of his term, Estacioand
other IRC board of directors passed a resolution which granted separation
benefits to them. Petitioner LuisQuiogue(Quiogue)filedaComplaint-Affidavit
against Estacio onthegroundthattheemolumentscausedundueinjurytothe
government in violation of Sec. 3(e) of RA No. 3019.
stacio maintained that the Ombudsman has no jurisdiction over him as he is
E
not a public officer. He explained that while the IRC was sequestered by the
government and is being supervised by the PCGG, it remains a private
corporation.Estaciomaintainedthatthereleaseofthebenefitswaspursuantto
a board resolution passed in good faith, hence, is valid under the principle of
"business judgment rule."
he Ombudsman ruled that Estacio is a public officer since the State owns
T
481,181 out of the 481,184 subscribed shares of IRC, making it a
government-owned or controlled corporation (GOCC). However, it found no
violation of Sec. 3 (e) of RA No. 3019 since Estacio's act of receiving the
questionedbenefitswasnotdoneintheperformanceofjudicial,administrative,
20
r official functions, which is an essential element of the offense. The
o
Ombudsman ruled that Estacio's participation in the approval thereof is not
tainted with manifest partiality, or evident bad faith, or gross inexcusable
negligence.
uiogue imputes grave abuse of discretion amounting to lack or excess of
Q
jurisdiction on the part of the Ombudsman for its alleged unjust refusaltofile
Information against Estacio for violation of Sec. 3(e) of R.A. No. 3019.
ISSUE
as the Ombudsman correct in not filing an Information against Estacio for
W
violation of Sec. 3(e) of R.A. No. 3019.
RULING
es,theOmbudsmancorrectlyruledthattherewasnoprobablecausetoindict
Y
Estacio for violation of the said law.
ec.3(e)ofRANo.3019maybecommittedeitherbydolo,aswhentheaccused
S
acted with evident bad faith or manifest partiality, or by culpa as when the
accusedcommittedgrossinexcusablenegligence.Manifestpartialitysignifiesa
clear, notorious, or plain inclination or predilection to favor onesideorperson
ratherthananother.Meanwhile,evidentbadfaithentailsnotonlybadjudgment
but also palpably and patently fraudulent and dishonest purpose to do moral
obliquity or conscious wrongdoing for some perverse motive or ill will. This
requires the state of mind to be affirmatively operating with furtive design or
withsomemotiveorself-interestorillwillorforulteriorpurposes.Lastly,gross
inexcusablenegligenceisthedegreeofnegligencecharacterizedbythewantof
even the slightestcare,actingoromittingtoactinasituationwherethereisa
duty to act, not inadvertently but willfully and intentionally, with conscious
indifference to consequences insofar as other persons may be affected.
he board resolution which granted separation paybenefitsisacorporateact
T
and Estacio is only one among the board of directors of IRC. Also, a simple
reading of the board resolution reveals that the corporation has previously
granted separation benefits toallemployeesofIRCexclusiveofitsofficers.In
issuingtheboardresolution,theIRCboardofdirectorssimplyrecognizedthatit
is equitable to grant the same separation benefits being enjoyed by IRC
employees to its officers. How can there be evident bad faith when the
perceived benefit has longbeenenjoyedbyallemployeesofIRCbeforeitwas
granted to the officers such as Estacio?
here is no evident bad faith or some perverse motiveorillwillonthepartof
T
Estacioastherewasnoshowingthathewasundulyfavoredbytheissuanceof
the board resolution. Estacio's participation in the approval of the board
resolutioncannotbeconstruedasbadfaith,andhisconsequenceofhisservice
to the corporation. Any benefit which he may have derived from the board
resolutionispurelyincidentaltothepositionhewasthenoccupyingandcannot
21
e deemed as an act which is intended to cause undue injury to any partyor
b
the government. Indeed, there is no such thing as presumption ofbadfaithin
cases involving violations of the "Anti-Graft and Corrupt Practices Act."
herefore,theOmbudsmancorrectlyruledthattherewasnoprobablecauseto
T
file an Information against Estacio for violation of Sec. 3(e) of R.A. No. 3019.
22
TITLE 8 - CRIMES AGAINST PERSONS
(ARTICLES 246-266-D)
Rape (Art. 266-A)
People v Diega y Zapico
LOPEZ, M., J.
G.R. NO. 255389 | September 14, 2021
DOCTRINE
n accused is responsible not only for the Rape he personally committed but
A
alsofortheothercountsofRapethathisco-conspiratorsperpetratedalthough
they were unidentified or are at large.
FACTS
arloDiegayZapico(Carlo),togetherwiththree(3)"JohnDoes",werecharged
C
withthecrimeofRapeunderArticle266-A,Paragraph1(a)oftheRevisedPenal
Code beforetheRegionalTrialCourt(RTC),thus:thatonoraboutthe14thday
of April 2013 in x x x and within the jurisdiction of this Honorable Court, the
above-named accused,conspiringtogether,confederatingandmutuallyaiding
oneanother,withlewddesign,bymeansofforce,andbydeprivingtheoffende
victim of reason or otherwise unconscious, that is, by intoxication employed
upon the person of AAA, 4 12 years old, minor, did then and there willfully,
unlawfully and feloniously have carnal knowledge with the said AAA, 12 years
old,minor,againstherwillandwithoutherconsent.Afterperformingaphysical
and genital examination on AAA, Police Senior Inspector Ma. Felicidad
Mercedes A. Aulida (PSI Aulida) concluded that the "anogenital findings
show[ed] recent evidence of blunt penetrating trauma to the genitalia." PSI
Aulida explained that the injuries on the hymen of the victim couldhavebeen
caused by an erected penis or any instrument with soft smooth edges. The
findings were consistent with the narrative of AAA in the Sexual Crimes Protocol.
he RTC found Carlo guilty of Rape and gave credence totheaccountofAAA
T
which was supported by medical findings. The RTC furtherheldthatCarloand
his three (3) companions conspired with each other to commit the crime of
Rape.
23
ISSUE
1 . S hould Carlo and his co-accused be guilty of the crime of Simple Rape.
2. Should the acts of Carlo's conspirators be taken as his act.
RULING
1. Y es, Carlo and his co-accused John Does are guilty of the crime simple
rape.
nderArticle266-A1 oftheRevisedPenalCode,theelementsofRapeare:
U
(1) the offenderhadcarnalknowledgeofawoman;and(2)suchactwas
accomplished through the use of force, threat, or intimidation. In this
case, the above testimony is sufficient to establish that Carlo and his
three companions hadcarnalknowledgeofAAAandthattheyemployed
force toconsummatethebestialacts.Itissettledthatforceneednotbe
irresistible but just enough to bring about the desired result. It is not
necessary that the rape victim resisted unto death. The rule is that
resistance may be proved by any physical overt act in any degree from
theoffendedparty.Inthiscase,AAAprotestedandresistedbutCarloand
his companions forced her to submit to their bestial designs.
2. Yes, the acts of Carlo's conspirators should also be taken as his act.
1
OTE: Art. 266-A is now amended by R.A. No. 11648,March 04, 2022.
N
Article 266-A. Rape;When and How Committed. - Rapeis committed:
1)Byapersonwhoshallhavecarnalknowledgeofanotherpersonunderanyof
the following circumstances:
"x x x"
) When the offended party is under sixteen(16)yearsofageorisdemented,
d
even thoughnoneofthecircumstancesmentionedabovebepresent:Provided,
That there shall be no criminal liability on the part of a person having carnal
knowledge of another person under sixteen (16) years of age when the age
difference between thepartiesisnotmorethanthree(3)years,andthesexual
act in question is proven to be consensual, non-abusive, and non-exploitative:
Provided, further, That if the victim is under thirteen (13) years of age, this
exception shall not apply.
s used in this Act, non-abusive shall mean the absence of undue influence,
A
intimidation, fraudulent machinations, coercion, threat, physical, sexual,
psychological,ormentalinjuryormaltreatment,eitherwithintentionorthrough
neglect, during theconductofsexualactivitieswiththechildvictim.ℒαwρhi৷On
theotherhand,non-exploitativeshallmeanthereisnoactualorattemptedact
or acts of unfairly taking advantage of the child's position of vulnerability,
differential power, or trust during the conduct of sexual activities.
24
I n several cases, the Court held the accused-appellant responsible not
onlyfortheRapehecommittedbutalsofortheothercountsofRapethat
his co- conspirators perpetrated although they were unidentified or at
large.
he following jurisprudence: People v. Plurad, People v. Catubig, Jr.,
T
People v. Sabal, and People v. Rondina, are consistent with therulethat
wherethereisaconspiracy,theactofoneconspiratoristheactofall.In
Plurad, the accused-appellant was responsible not only for the Rape
committedpersonallybyhimbutalsoforthetwo(2)othercountsofRape
committedbyhisco-accusedRobertoBernadasandJuvanieCañedowho
remained at large. In Catubig, Jr., the Court affirmed the trial court's
decision convicting the accused- appellant with five (5) counts of Rape
committed by him and four (4) other unidentified persons. In Sabal,the
appellantsToneloSabalandArmandoJuarezwereheldliablenotonlyfor
their own unlawful acts but also for those of the other four (4)
unidentifiedmalefactorsfor,inconspiracy,theactofoneistheactofthe
other. Therefore, the Court affirmed the trial court's conviction of both
accused of six (6) counts of Rape. In Rondina, the accused-appellants,
together with a third person who is still unidentified and at large, in
conspiracywithandhelpingeachother,tookturnsinrapingthevictim.In
view of theestablishedconspiracyamongthethree,eachoneofthemis
guiltyofthree(3)Rapes,fortheone(1)hecommittedandforthetwo(2)
wherehehelpedhiscompanionstocommit.Consequently,Carlomustbe
held liable for four counts of Rape.
I n this case, the records show that Carlo and his three (3) companions
successivelyrapedAAAandthatwhileoneofthemhadcarnalknowledge
of the victim, the others held her arms and kept her from struggling.
Viewed in its totality, the individual participation of each perpetrator
pointedtoajointpurposeandcriminaldesign.Therapeswerecommitted
inthefollowingorder,firstbyCarlo,secondbyKalbo,thirdbyIsmael,and
fourth by Obat. Thus, the victim was raped four (4) times.
25
TITLE 10 - CRIMES AGAINST PROPERTY
(ARTICLES 293-332)
Theft and Qualified Theft (Art. 308 in relation to Art. 310)
Homol y Romorosa v People
LOPEZ, M., J.
G.R. NO. 191039 | August 22, 2022
DOCTRINE
heft iscommittedbyanypersonwho,withintenttogainbutwithoutviolence
T
against or intimidation of persons nor force upon things, shall take personal
propertyofanotherwithoutthelatter'sconsent.Ifcommittedwithgraveabuse
ofconfidence,thecrimeoftheftbecomesqualified.Thecrimeofqualifiedtheft
underArticle308inrelationtoArticle310oftheRPCrequirestheconfluenceof
the following elements
1. There was a taking of personal property;
2. The said property belongs to another;
3. The taking was done without the consent of the owner;
4. The taking was done with intent to gain;
5. The taking was accomplished without violence or intimidation against
person, or force upon things; and
6. The taking was done under any of the circumstances enumerated in
Article 310 of the RPC, i.e., with grave abuse of confidence.
FACTS
r. Jelpha Robillos y Jimenez (Dr. Robillos) hired Arlene Homol y Romorosa
D
(Arlene)asaclinicsecretary.Also,Dr.RobillostaskedArlenetocollectandremit
installmentpaymentsfromcustomerswhopurchasedjewelry.Arlenereceiveda
totalofP1,000.00fromElenaQuilangtang(Elena)forthegoldbraceletthatshe
bought. However, Arlene did not give the money to Dr. Robillos. On March 14,
2002,Arleneresignedfromwork.Thefollowingday,Dr.RobillosremindedElena
of her unpaid installments. Elena replied that she already paid to Arlene.
Aggrieved, Dr. Robillos filed a criminal complaint against Arlene.
26
rRobillosfiledacaseandwaschargedbythepublicprosecutorwithqualified
D
theft before the RTC. Arlenepleadednotguiltyanddidnotdenyreceiptofthe
P1,000 but insisted that she remitted it to Dr Robillos. RTCconvictedArleneof
estafa involving unfaithfulness or abuse of confidence under Article 315,
paragraph1(b)oftheRPC.RTCheldthatArlenemisappropriatedthepayment
and violated the trust of Dr.Robillos and Elena.
rlene elevated the case to the CA and argued that the RTC erroneously
A
convicted her for estafawhenthechargewasforqualifiedtheft.Also,alleging
that theinformationisfatallydefectiveforfailuretoallegejuridicalpossession
which is an element of estafa. CA affirmed the RTC ruling and stated that all
elementsofestafainvolvingunfaithfulnessorabuseofconfidencewerealleged
and proven.
he CAruledthatArlenewasguiltyofestafabecauseshewasinpossessionof
T
the money when she misappropriated it. The CA explained that what
distinguishes theft from estafa is the possession of the thing. In theft, it is
presumed that the personal property is in the possession of another, unlike in
estafa,wherethepossessionofthethingisalreadyinthehandsoftheoffender.
Arlene sought consideration but was denied. Hence, this recourse.
ISSUE
idtheRTCandCAerroneouslyconvicttheoffenderforestafawhenthecharge
D
was for qualified theft.
RULING
es,theRTCandCAerroneouslyconvictedtheoffenderforestafawhenhewas
Y
guilty for simple theft.
heft iscommittedbyanypersonwho,withintenttogainbutwithoutviolence
T
against or intimidation of persons nor force upon things, shall take personal
propertyofanotherwithoutthelatter'sconsent.Ifcommittedwithgraveabuse
ofconfidence,thecrimeoftheftbecomesqualified.Thecrimeofqualifiedtheft
underArticle308inrelationtoArticle310oftheRPCrequirestheconfluenceof
the following elements
1 . here was a taking of personal property;
T
2.The said property belongs to another;
3.The taking was done without the consent of the owner;
4.The taking was done with intent to gain;
5. The taking was accomplished without violence or intimidation against
person, or force upon things; and
. The taking was done under any of the circumstances enumerated in
6
Article 310 of the RPC, i.e., with grave abuse of confidence.
27
he requirements to prove estafa involving unfaithfulness or abuse of
T
confidence under Article 315, paragraph 1 (b) of the RPC are the following:
1. t hatmoney,goodsorotherpersonalpropertyisreceivedbytheoffender
in trust, or on commission, or for administration, or under any other
obligation involving the duty to make delivery of, or to return the same;
2. that there be misappropriation or conversion ofsuchmoneyorproperty
by the offender or denial on his part of such receipt; SCaI
3. that such misappropriation or conversion or denial is totheprejudiceof
another; and
4. that there is a demand made by the offended party on the offender.
rave abuse of trust is a "circumstance which aggravates and qualifies the
G
commission of the crime of theft; hence, the imposition of a higher penalty is
necessary." In qualified theft, the taking must be the result of a relation by
reasonofdependence,guardianship,orvigilance,betweentheaccusedandthe
offended party that has created a high degree of confidence between them.
Thus, grave abuse of confidence by a thieving employee should be
contextualized not only by the relationship between the employer and
employee, but also by the purpose for which the employee was given the
employer's trust.
ere, the court finds that the prosecution only established only simple theft.
H
First,ArlenereceivedP1,000.00fromElenabutfailedtoremittheamounttoDr.
Robillos. Second, the money belongs to Dr. Robillosasitcomprisedinstallment
paymentsfromcustomerswhopurchasedjewelry.Third,theabsenceofconsent
was shown in Dr. Robillos' attempt to recover the unpaid installments from
Elena. Fourth, the furtive taking of the money, raised the reasonable
presumption of intent to gain. Fifth, Arlene got hold of the money in the
performance of her duty as a collector without force, violence or intimidation.
Yet, the prosecution failed to establish the element of grave abuse of
confidence.
I t was not proven that Dr. Robillos had special trust, or high degree of
confidence in Arlene. The allegation in the Information that Arlene is a
"secretary/collector" of Dr. Robillos doesnotbyitself,withoutmore,createthe
relation of confidence and intimacyrequiredinqualifiedtheft.Moretellingare
theminusculeamountsinvolvedandthefactthatDr.RobillosallowedArleneto
resign without any question, discounting the existence of a high degree of
confidence between them. The prosecution, likewise, failed to substantiatethe
gravityofhowArlenebetrayedDr.Robillos'supposedspecialtrusttoqualify,or
facilitatethetakingofthemoney.Dr.RobillosprincipallyhiredArleneasaclinic
secretary while her task as a collector is foreign to her usual duties. The
circumstancesdonotshowthatArlene'sjobwasinstrumentalinfacilitatingthe
takingofthemoney.ThereisnoevidencethatArlenecouldnothavecommitted
the crime had she not been holding the position of a secretary orcollector.To
reiterate, abuse of confidence must be grave. On this point, the Court is
convinced that Arlene took advantage of her position incommittingthecrime
but not on the level of grave abuse of confidence.
Thus, Arlene is guilty only of simple theft.
28
Robbery with Homicide
People v Ronald Laguda y Robisido
LOPEZ, M., J.
G.R. NO. 244843 | October 7, 2020
DOCTRINE
I n Robbery with Homicide, the offender's original intent is to commit robbery
and thehomicidemustonlybeincidental.Thekillingmayoccurbefore,during,
or even after the robbery. It is only the result obtained, without reference or
distinctionastothecircumstances,causes,modesorpersonsinterveninginthe
commissionofthecrime,thathastobetakenintoconsideration.Itisalsoofno
moment that the victim of homicide is one of the robbers. Specifically, the
special complex crime of robbery with homicidehasthefollowingelements,to
wit: (1) Thetakingofpersonalpropertywiththeuseofviolenceorintimidation
againsttheperson;(2)Thepropertytakenbelongstoanother;(3)Thetakingis
characterized by intent to gain oranimuslucrandi;and,(4)Ontheoccasionof
the robbery or by reason thereof the crime of homicide was committed.
FACTS
jeepneywasheldupbyaccusedRonaldLagudayRobisidoaka“Bokay”with
A
anicepick.Thereafter,themanwenttoanearbytricyclewiththreeunidentified
menwaitinganddroveoff.Uponhearingthescreamsforhelp.PO2JoelMagno
y Rivera(PO2Magno)andCarloMijaresyZamora(Carlo)arrivedatthescene,
the tricycle came back and one of the men shot PO2 Magno in the forehead
causing his death.
poninvestigation,itwasfoundoutthatthemanwhorobbedthejeepneywas
U
Ronald as confirmed by witnesses passengers Herminia Solon y Bolantes
(Herminia) and Marieta dela Rosa y Apelado (Marieta). He was alsoidentified
by Carlo as the companion of the person who shot PO2 Magno.
ccordingly, Ronald was charged with the complex crime of robbery with
A
homicide before the RTC.
pon appeal, Ronald denied the accusation and asserted that he did not
U
conspire in killing PO2 Magno; however, CA still affirmed the lower court’s
decision.
29
ISSUE
as the Court of Appeal’s conviction of Ronald With Robbery with Homicide
W
proper.
RULING
Yes. Ronald’s conviction of the crime of robbery with homicide is proper.
I n the special complex crime of robbery with homicide, the offender's original
intentistocommitrobberyandthehomicidemustonlybeincidental.Thekilling
may occur before, during, or even after the robbery. It is only the result
obtained, without reference or distinction as to the circumstances, causes,
modes or persons intervening in the commission of the crime, that has to be
taken into consideration. For it to be robbery with homicide, the following
elements must be present:
(1)The taking of personal property with the use of violence or intimidation
against the person;
(2)The property taken belongs to another;
(3)The taking is characterized by intent to gain or animus lucrandi; and,
(4)Ontheoccasionoftherobberyorbyreasonthereofthecrimeofhomicide
was committed.
onspiracyoccurswhentwoormorepersonscometoanagreementconcerning
C
the commission of a felony and decide to commit it. Proof of the actual
agreementtocommitthecrimeneednotbedirectbecauseconspiracymaybe
implied or inferred from their acts.
I n this case, the implied conspiracybetweenRonaldandhisthreecompanions
is evident from the mode and manner in which they perpetrated the crime.
Ronald and his companions, after achieving their common purpose –
committingtherobbery,fledaltogether.Ronaldmaneuveredthetricyclearound
so his companion could shootthepoliceofficertoensuretheirescape.Neither
did he alert the authorities about the incident which does not speak of his
innocence.
herefore,itcanbeconcludedthatRonaldisinconspiracywiththeotherthree
T
men for committing the crime of robbery with homicide and petitioner is
sentenced to suffer the penalty of reclusion perpetua.
30
TITLE 14 - QUASI-OFFENSES (ARTICLES 365)
Quasi-Offenses
Ramos v Rosell
LOPEZ, M., J.
G.R. NO. 241363 | September 16, 2020
DOCTRINE
n act done in good faith,whichconstitutesonlyanerrorofjudgmentandfor
A
no ulterior motives and/or purposes, is merely simple negligence. Simple
negligencemeansthefailureofanemployeeorofficialtogiveproperattention
toataskexpectedofhimorher,signifyingadisregardofadutyresultingfrom
carelessness or indifference.
FACTS
he Civil Service Commission Regional Office No.XIformallychargedTeresita
T
B.RamoswithadministrativeoffensesofSeriousDishonesty,GraveMisconduct,
Conduct Prejudicial to the Best Interest, and Falsification of Official Documents.
TheCSCOfficeissuedaspotverificationreportstatingthatRamosdeclaredin
her Personal Data Sheet (PDS) that she took the Career Service
Sub-Professional Eligibility (CSSPE) and passed. However, the records did not
show a career service examination was conducted on that date as well as
RamosbeingeligibleintheRegisterofEligibles.Instead,Ramoswasonlyissued
aBarangayOfficialCertificateofEligibility(COE).ThiswasadmittedbyRamos
but contended that the false entries were not used to deceive for her benefit.
She was declared guilty and dismissed, with perpetual disqualification and
benefits and eligibility forfeited.
amos filed a petition for review before the CSC arguing that a BOE is
R
equivalent to a CSSPE; hence, she should not be faulted for writing "CS
Sub-Professional" as her eligibility. She insisted that the substitute PDS should
be admissible in evidence.
pon appeal to the CA, the court sustained the findings andconclusionofthe
U
CSC thatthesubstitutePDScannotbeconsiderednewlydiscoveredevidence
and that Ramos was guilty of the administrative charges.
31
amos insists on the admissibility of the substitute PDS claiming that she
R
exerted earnest efforts to secure a copy from the HRMO but failed. She
reiteratesthatshedidnotintendtofalsifyherMarch28,2005PDSbecauseshe
honestly believed that a BOE isthesameasaCSSPE.Thefalseentriesdidnot
affect her eligibility for promotion or cause any damage or prejudice to the
government or any party. As such, the dishonesty, if it exists, is only simple
dishonesty that is punishable by suspension. Further, she cannotbeheldliable
for grave misconduct since the act complained of is not related to the
performanceofherofficialduties;orforconductprejudicialtothe bestinterest
of service because shedidnotcommitanyactthatcouldtarnishtheimageor
integrity of the public office
ISSUE
Was Ramos guilty of the administrative charges against her.
RULING
o. Ramos is not liable for Serious Dishonesty, Grave Misconduct, Conduct
N
Prejudicial to the Best Interest of the Service, and Falsification of Official
Documents. She is only liable for simple negligence only.
ishonesty,likebadfaith,isnotsimplybadjudgmentornegligence.Dishonesty
D
is a question of intention. In ascertaining the intentionofapersonaccusedof
dishonesty,considerationmustbetakennotonlyofthefactsandcircumstances
which gave rise to the act committed bythepetitioner,butalsoofhisstateof
mindatthetimetheoffensewascommitted,thetimehemighthavehadathis
disposal for thepurposeofmeditatingontheconsequencesofhisact,andthe
degree of reasoning he could have had at that moment.
I n this case, based on the pertinententriesinherPDS,theratingof80.03was
writtenintheMarch28,2005PDSonly,andthereafterdeletedinthesubstitute
PDS on the same day. Ramos reasoned that there were many forms tofillout
then and she might have copied from her co-employees. To be sure, the
submission of the substitute PDS could have cured the erroneous entry in the
March 28, 2005 PDS. Unfortunately for her, the March 28, 2005 PDS was the
document forwarded by the HRMO to the CSC instead of the substitute PDS.
However,thisshouldnotbeentirelyfaultedtoRamosasthesubstitutePDSwas
with the records of the HMRO all along; the HMRO had its own share of
negligence in not submitting the correct PDS.
hereisalsonosubstantialevidencethatRamoswasimpelledbyanycorruptor
T
ill motive or intent to gain or profit that would constitute theoffenseofgrave
misconduct. Grave misconduct is defined as the transgression of some
established and definite rule of action, more particularly, unlawfulbehavioror
gross negligence by a public officer coupled with the elements of corruption,
willful intent to violate the law or to disregard established rules. Ramos
repeatedly explained and stressed that thefalseentriesontheMarch28,2005
PDS had no effect on her promotion to a higher position.
32
herefore,Ramosisonlyliableforsimplenegligencewhenshedeclaredthatshe
T
was a CSSPE holder and that she obtained a rating of 80.03 in the CS
examination. She was likewise negligent when she failed to verify that the
HRMO forwarded the corrected or updated PDS to the CSC.
33
SPECIAL PENAL LAWS
nti-Trafficking in Persons Act of 2003
A
(R.A. No. 9208, as amended by R.A. Nos. 10364
and 11862, Sections 4-6)
People v Arraz y Rodriguez
LOPEZ, M., J.
G.R. NO. 252353 | July 6, 2022
DOCTRINE
he elements of trafficking in persons are as follows: “SEC. 3. x x x: (a)
T
Trafficking in Persons — refers to "recruitment, obtaining, hiring, providing,
offering, transportation, transfer, maintaining, harboring, or receipt ofpersons
with or without the victim's consent or knowledge, within or across national
borders by means of threat, or use of force, or other forms of coercion,
abduction,fraud,deception,abuseofpowerorofposition,takingadvantageof
the vulnerability of the person, or, the giving or receiving of payments or
benefitstoachievetheconsentofapersonhavingcontroloveranotherperson
forthepurposeofexploitationwhichincludesataminimum,theexploitationor
the prostitution of others or other formsofsexualexploitation,forcedlaboror
services, slavery, servitude or the removal or sale of organs.”
FACTS
errieArrazyRodriguez,thedefendant,Jerriewaschargedwithtwocountsof
J
traffickingunderSection4(a)and(e)inrelationtoSection3(a),(c),(h),and(j),
qualifiedunderSection6(h), andpenalizedunderSection10(e)36ofRepublic
Act (RA) No. 9208,asamendedbyRANo.10364againstAAA252353.Thelatter
came from a poor family and testified that her sister, BBB252353, who was
entrustedbytheirparentstoJerrie,calledherandinvitedhertoworkforJerrie.
One day, Jerrie called AAA252353 into his room and told her to take off her
clotheswhilehewaschattingwithaforeigneronhislaptop.Shecompliedoutof
fear. AAA252353 was also directed to pose naked in front of the camera and
perform oral sex on him and forced her to have intercourse. She did not tell
BBB252353 what happened. Jerrie, on the other hand, received payment from
the foreigner through a remittance center. This first incident was followed by
other occasions of prostitution and other forms of sexual exploitation such as
makingAAA252353goingtohotelsorbarstohavesexualintercoursewithother
foreigner and sometimes, even with Jerrie.
34
he Regional Trial Court (RTC) found Jerrie guiltybeyondreasonabledoubtof
T
twocountsofthe"Anti-TraffickinginPersonsActof2003”.RTCfoundthatJerrie
hired AAA252353 for sexual exploitation andthatJerrietookadvantageofthe
latter’s defenselessness. Furthermore, since the acts were committed over a
period of 60 days, Jerrie is guilty of qualified trafficking.
n appeal, Court of Appeals (CA) affirmed Jerrie’s conviction and that
O
AAA252353candidlynarratedherdistressingexperiencesinthehandsofJerrie
andhisclients.Sherecountedtheseveralincidentsofrapeandtrafficking,and
identifiedthepersonsinvolved.AAA252353'sfailuretoimmediatelyaskforhelp
does not erode her credibility. Hence, this recourse.
ISSUE
as Jerrie guilty of two counts of trafficking under Section 4 (a) and (e) in
W
relation to Section 3 (a), (c), (h), and (j), qualified under Section 6 (h), and
should be penalized under Section 10 (e) 36 of Republic Act (RA) No. 9208, as
amended by RA No. 10364.
RULING
Yes, Jerrie is guilty in violation of the said law.
he elements of trafficking in persons are as follows: “SEC. 3. x x x: (a)
T
Trafficking in Persons — refers to "recruitment, obtaining, hiring, providing,
offering, transportation, transfer, maintaining, harboring, or receipt ofpersons
with or without the victim's consent or knowledge, within or across national
borders by means of threat, or use of force, or other forms of coercion,
abduction,fraud,deception,abuseofpowerorofposition,takingadvantageof
the vulnerability of the person, or, the giving or receiving of payments or
benefitstoachievetheconsentofapersonhavingcontroloveranotherperson
forthepurposeofexploitationwhichincludesataminimum,theexploitationor
the prostitution of others or other formsofsexualexploitation,forcedlaboror
services, slavery, servitude or the removal or sale of organs.”
I nhertestimony,AAA252353narratedthatJerriehiredherasadomestichelper
in March 2014. Jerrie took advantage of her lack of money and relatives in
Manila, and used force a and intimidation to compel her (1) to remove her
clothesaandexhibithernakedbodybeforeawebcamerafortheviewingand
enjoyment of foreign clients, (2) to have intercourse and to perform other
lascivious acts with Jerrie and Mark in front of a web camera while foreign
clients were watching, and (3) tohaveintercourseandtoperformothersexual
actswithforeignclientsformoneyandotherconsiderationfromMarchtoJune
2014.Jerriealsotooksensitivephotosand/orvideosofAAA252353andemailed
them to clients for money. This instance did notstopthere.Therewereseveral
instances which AAA252353 is being compelled to go to hotels or bars just for
her to have sexual intercourse with Jerrie or with another man and this was
qualifiedbythefactthatthecrimewascommittedforover60days.Therefore,
Jerrie is guilty of the two counts of qualified trafficking in persons.
35
Anti-Violence Against Women and their
Children Act of 2004
( R.A. 9262. Secs. 3, 5, 8-16, and 24-27)
Knutson v Sarmiento-Flores
LOPEZ, M., J.
G.R. NO. 239215 | July 12, 2022
DOCTRINE
ection 9 (b) of RA No. 9262 explicitly allows "parents or guardians of the
S
offended party"tofileapetitionforprotectionorders.Theexactprovisionwas
incorporatedinSection12(b)oftheImplementingRulesandRegulationsofRA
No. 9262 and Section 8 (b) of A.M. No. 04-10-11-SC, or the Rule on Violence
Against Women and Their Children. The statute categorically used the word
"parents'' which pertains to the father and the mother of the woman or child
victim. Absolute Sentencia Expositore Non Indiget. The law speaks in clear
language and no explanation is required. There isnooccasionfortheCourtto
interpret but only to apply the law when it is not ambiguous. Similarly, the
statutedidnotqualifyonwhobetweentheparentsofthevictimmayapplyfor
protectionorders.Ubilexnondistinguit,necnosdistingueredebemus.Whenthe
law does not distinguish, the courts must not distinguish.
FACTS
etitioner RandyMichaelKnutson(Randy),anAmericancitizen,gotmarriedto
P
Rosalina Sibal Knutson (Rosalina) and they had a child named Rhuby Sibal
Knutson (Rhuby). They became estranged after Randy discovered the
extra-marital affairs of Rosalina. He also learned that Rosalina incurred large
debts in the casino and even got herself a boyfriend. Randy also learnedthat
RosalinamaltreatedherownmotherinRhuby’spresenceandlateron,Rosalina
hurt Rhuby by pulling her hair, slapping her face and knocking her head. One
time,RosalinapointedaknifeatRhubyandthreatenedtokillher.Rosalinaeven
texted Randy about her plan to kill their daughter and commit suicide.
andy reported the matter to the police station but he was told that they
R
cannot assist him in domestic issues. Randy, on behalf of their minor child
Rhuby, filed a case against Rosalina under RA No. 9262 for the issuance of
Temporary and Permanent Protection Orders (TPO) before the Regional Trial
Court (RTC) of Taguig City.
36
TC dismissed thepetitionexplainingthatprotectionandcustodyordersinRA
R
No. 9262 cannot be issued against a mother who allegedly abused her own child.
andy moved forreconsiderationandarguedthatRA9262usedtheterm“any
R
person” which is not limited to male offenders. RTC denied the motion and
reiterated that RA No. 9262 does not apply to a situation where the mother
committed violence against her own child. The RTC expounded that the word
"children"shouldnotbeisolatedwiththeterm"women"becausethetitleofthe
law used the conjunction "and" which denotes joinder of words, phrases, and
clauses.
ence, this Petition for Certiorari ascribing grave abuse of discretion on the
H
part of RTC in dismissing the application for protection and custody orders.
ISSUE
as there grave abuse of discretion on the part of RTC in dismissing the
W
petitionfiledbyRandyinrepresentationofherminorchildagainstRosalina,the
latter’s mother.
RULING
es,thereisgraveabuseofdiscretiononthepartofRTCwhenitdismissedthe
Y
petition filed by Randy because RA No. 9262 allows thefatheroftheoffended
party to apply for protection and custody orders.
ection 9 (b) of RA No. 9262 explicitly allows "parents or guardians of the
S
offended party"tofileapetitionforprotectionorders.Theexactprovisionwas
incorporatedinSection12(b)oftheImplementingRulesandRegulationsofRA
No. 9262 and Section 8 (b) of A.M. No. 04-10-11-SC, or the Rule on Violence
Against Women and Their Children. The statute categorically used the word
"parents'' which pertains to the father and the mother of the woman or child
victim. Absolute Sentencia Expositore Non Indiget. The law speaks in clear
language and no explanation is required. There isnooccasionfortheCourtto
interpret but only to apply the law when it is not ambiguous. Similarly, the
statutedidnotqualifyonwhobetweentheparentsofthevictimmayapplyfor
protectionorders.Ubilexnondistinguit,necnosdistingueredebemus.Whenthe
law does not distinguish, the courts must not distinguish.
I nthiscase,Randyfiledapetitiononbehalfoftheirminordaughter,Rhuby.The
petition is principally and directly for the protectionoftheminorchildandnot
the father. Admittedly, Randy also asked for the temporary custody of their
daughterbecausethemotherwasallegedlyunfit.Yet,theRTCdidnotevaluate
thecasewhetherthemothermaybedivestedofcustodyoverthechild.TheRTC
ignored the evidence on the pretext that the fatherisnotallowedtoapplyfor
protection and custody orders because he is not a woman victim of violence.
37
ence,theCourtfindsthatthereisgraveabuseofdiscretiononthepartofthe
H
RTC that amounted to an evasion of a positive duty or to a virtual refusal to
perform a duty enjoined by law, or to act at all in contemplation of law, as
wherethepowerisexercisedinanarbitraryanddespoticmannerbyreasonof
passion and hostility.
38
omprehensive Dangerous Drugs Act of 2002
C
(R.A. No. 9165, as amended by R.A. No. 10640,
Secs. 4, 5, 6, 11-15, 21, 23-27, 29, 66, 68 and 98;
A.M. 18-03-16- SC; IRR of R.A. No. 9165, Sec. 21)
Comprehensive Dangerous Drugs Act of 2002 - Chain of Custody
People v Balbarez y Hernandez
LOPEZ, M., J.
G.R. NO. 246999 (Resolution) | June 15, 2020
DOCTRINE
nder RA 9165, the absence of the required insulating witnesses during the
U
inventory and photograph of the seized items puts serious doubt as to the
integrityofthechainofcustody.Shouldthepartiesdecidetodispensewiththe
attendance of the police chemist, they should stipulate that the latter would
have testified that he took the following precautionary steps: (1) that he
received the seized article as marked, properly sealed and intact; (2) that he
resealed it after examination of the content; and (3) that he placed his own
marking on the same to ensure that it could not be tampered pending trial.
FACTS
he municipal police planned a buy-bust operation against Marvin based on
T
reports that he was selling shabu. In the briefing, the police asset was
designated as poseur-buyer while Police Officer Michael Angelo Palanca,
PO1 Ruperto Lapitan, Jr., and PO1 Jeremias Ramosactedasapprehending
officers. Aftercoordinationwiththe Philippine Drug EnforcementAgency,
theoperativesproceededtothetargetarea. Thereat, theposeur-buyergave
theboodlemoneyto Marvin. Uponreceiptofthepayment,Marvinhandedto
the poseur-buyer a plastic sachet containing white crystalline substance.
39
he buy-bust team rushed in, introduced themselves as police officers, and
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arrestedMarvin.Theposeur-buyerturnedoverthesachettoPO1Ramos.Onthe
other hand, PO2 Palanca searched Marvin and recoveredfromhimtwoplastic
sachets.PO1Ramosmarkedthethreesachetsfound.Also,theentrapmentteam
took photographs of the seized items at the police station. Thereafter, PO1
Ramos forwarded the contrabands to Police Chief Inspector Dona Villa
Huelgas for laboratory examination. The substances tested positive for
methamphetamine hydrochloride. Thus, Marvin was charged with violation of
Sections 5 and 11, Article II of Republic Act (RA) No. 9165 before the RTC.
heRTCconvictedMarvinofthecharges.However,theCAacquittedMarvinof
T
Illegal sale but affirmed his guilt as to the illegal possession.
ISSUE
Was the court able to prove that there is an unbroken chain of custody.
RULING
NO. The records reveal a broken chain of custody.
I nearliercases,theCourtruledthatthedeviationfromthestandardprocedure
in Section 21 dismally compromises the evidence, unless (1) such
non-compliance was under justifiable grounds; and (2) the integrity and the
evidentiary value of the seized items are properly preserved by the
apprehending team. Later, the Court emphasized the importance of the
presenceofthethreeinsulatingwitnessesduringthephysicalinventoryandthe
photograph of the seized items. Furthermore, the Court explained thatincase
the presence of any or all the insulating witnesses was not obtained, the
prosecution must allege and prove not only the reasons for their absence,but
also the fact that earnest efforts were made to secure their attendance.
he Court also identified thefollowingmatterswhichareordinarilycoveredby
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thetestimonyoftheforensicchemistwhoexaminestheseizeditems:(1)thathe
received the seized article as marked, properly sealed and intact; (2) that he
resealed it after examination of the content; and (3) that he placed his own
marking on the same to ensure that it could not be tampered pending trial.
Shouldthepartiesdecidetodispensewiththeattendanceofthepolicechemist,
they should stipulate that the latter would have testified that he took the
precautionary steps mentioned.
40
I nthiscase,therewasnorepresentativefromthemediaandtheDepartmentof
Justice, and any elected public official. The allegation that Marvin made a
sceneduringthearrestwhichpromptedthepolicetoleavethecrimescenewas
unsubstantiated.Worse,therewasnoattemptonthepartofthebuy-bustteam
tocomplywiththelawanditsimplementingrules.Theoperativeslikewisefailed
to provide any justification showing that the integrity of the evidence had all
along been preserved.
oreover, the link between the investigating officer and the forensic chemist
M
was not established with certainty. The police officers did not describe the
precautions taken to ensure that therehadbeennochangeintheconditionof
theitemandnoopportunityforsomeonenotinthechaintohavepossessionof
thesame.First,therecordsdonotshowwhetherPO1Ramosistheinvestigating
officer. Secondly, testimony lacks details on how the seized items fell into the
hands of the forensic chemist. Third, the request for laboratory examination
indicates the possibility that a certain PO1 Geminano and PO1 Valencia are
included in the chain of custody but were not presented as witnesses. Lastly,
P/Chief Insp. Huelgas' testimony and the stipulation of the parties are
insufficient.
I n sum, the utter disregard of the required procedures created a huge gap in
the chain of custody. Hence, Marvin must be acquitted of the charge against
him given the prosecution's failure to prove an unbroken chain of custody.
41
Comprehensive Dangerous Drugs Act of 2002 - Chain of Custody
People v Ilagan y Garcia
LOPEZ, M., J.
G.R. NO. 244295 | November 9, 2020
DOCTRINE
sregardsthecorpusdelictiinIllegalSaleandPossessionofDangerousDrugs,
A
thefactofexistenceofthecontrabanditselfisvitaltoajudgmentofconviction.
Thus, it isessentialtoensurethatthesubstancerecoveredfromtheaccusedis
thesamesubstanceofferedincourt.Indeed,theprosecutionmustsatisfactorily
establish the movement and custody of the seized drug through the following
links: (1) the confiscation and marking, if practicable, of the specimen seized
from the accused by the apprehending officer; (2) the turnover of the seized
item by the apprehending officer to the investigating officer; (3) the
investigating officer's turnover of the specimen to the forensic chemist for
examination; and (4) the submission of the itembytheforensicchemisttothe
court.
FACTS
he Intelligence Section of Calamba City Police Station conducted a buy-bust
T
operation against the accused Leo Ilagan (Leo).PO1JulianB.MalateIII(PO1
Malate) is designated as poseur-buyer. Once there, the informant knocked at
the door. Leo peeked to ask PO1 Malate how much he will buy. PO1 Malate
replied P500.00 only, while handing over the amount of P500.00. Leo reached
into his right pocket to get a small plastic sachet containing the suspected
shabu (methamphetamine hydrochloride), which he gave to PO1 Malate.
Thereafter, PO1 Malate placed the plastic sachet in his left pocket and
immediately informed accused-appellant that he is a police officer.
ustthen,theothermembersofthebuy-bustteam,whowerepositionedabout
J
sevenmetersawayfromthegateofthehouse,rushedintothescene,together
withBrgy.CouncilorTeodoraHinggan(CouncilorHinggan).Therewasnomedia
representativepresentasthelatterallegedlywentstraighttothepolicestation.
PO1 Malate apprised the accused-appellant of his rights under the Miranda
doctrine.PO1Malatetookouttheplasticsachetcontainingthesuspectedshabu
from his left pocket and marked it "PNP-BB-1-14-17" in the presence of
Councilor Hinggan.
42
O1 Malate also conducted a preventive search on Leo, and he was able to
P
recover the P500.00-marked money and another heat-sealed plastic sachet
which he marked as LI-1. Likewise recovered on Leo’s bed were two (2)
aluminumstrips,animprovisedtooter,andadisposablelighter,markedasLI-2
toLI-4.Theitemswereseized,andphotographsweretakenduringthephysical
inventory conducted by PO1 Malate in the presence of accused-appellant and
the barangay official. After giving a copy of the inventory to Leo and the
barangay official, the seized items were placed by PO1 Malate in a plastic
evidencebagwithziplock,beforekeepingthesameinhisemptyhandbag.The
team first brought the accused-appellant to Jose P. (JP) Rizal Hospital for a
medicalexaminationbeforeproceedingtothepolicestation.Uponarrivalatthe
police station, the investigator prepared a request for drug testing and
laboratory examination. The seized items were then brought by PO1 Malateto
the RegionalCrimeLaboratoryandthesewerereceivedbytheofficeronduty,
PO3 Randy Legaspi (PO3 Legaspi). The two heat-sealed plastic sachets
containing white crystallinesubstancegavepositiveresultsforthepresenceof
shabu. Two information were filed against Leo for Illegal Sale and Illegal
Possession of Dangerous Drugs in Regional Trial Court (RTC).
TC found Leo guilty of the said charge. Court of Appeals (CA) affirmed the
R
ruling. Hence, this appeal inviting the Court’s attention to the irregularities in
the marking and inventory of the shabu allegedly recovered from him.
ISSUE
Was the rule on unbroken chain of custody followed.
RULING
No, there is a broken chain of custody.
sregardsthecorpusdelictiinIllegalSaleandPossessionofDangerousDrugs,
A
thefactofexistenceofthecontrabanditselfisvitaltoajudgmentofconviction.
Thus, it isessentialtoensurethatthesubstancerecoveredfromtheaccusedis
the same substance offered in court.
I ndeed,theprosecutionmustsatisfactorilyestablishthemovementandcustody
of the seized drug through the following links:
(1) the confiscation and marking, if practicable, of the specimen seized
from the accused by the apprehending officer;
(2) the turnover of the seized item by the apprehending officer to the
investigating officer;
(3) the investigating officer's turnover of the specimen to the forensic
chemist for examination; and
(4) the submission of the item by the forensic chemist to the court.
43
I n this case,thefirstlinkthatinvolvesthemarkingandinventoryoftheseized
itemsalreadydisplaysinfirmities.Theheat-sealedplasticsachetcontainingthe
shabu subject of the buy-bust was marked by PO1 Malate only in front of
Councilor Hinggan. Also, the pictures taken during the physical inventory and
the Receipt/Inventory for Property Seized showed that only one witness was
present, Councilor Hinggan. The police officers did not give a sufficient
explanationfortheirfailuretosummonamediarepresentativeoronefromthe
NPS at the place of arrest. Instead, the prosecution simply claimed that the
media representative went straight to the police station. However, there is no
showing that a media representative indeed arrived at the police station, not
even at that time when Leo was already brought there for investigation and
booking procedures.
urthermore,regardingthesecondlink,aperusaloftheChainofCustodyForm
F
showsthatPO3Reyes'nameandsignaturearenotreflectedtherein.Thismeans
thatseizeditemswerenottransferredtotheinvestigatingofficer.Asregardsto
thethirdlink,goingovertheChainofCustodyForm,onewouldnoticethatthere
areonlytwoentriesoneindicatesthenameofthearrestingofficerPO1Malate
and the other pertains to the Duty Desk Officer of the Crime Laboratory, PO3
Legaspi. Notably, there is no information on how PO3 Legaspi handled the
seized items and when these items were transferred to the custody of the
forensicchemist.Thelastlinkinvolvesthesubmissionoftheseizeddrugsbythe
forensic chemist to the court when presented asevidenceinthecriminalcase.
No testimonial or documentary evidence was given whatsoever as to howthe
drugs were kept while in the custody of the forensic chemist until it was
transferredtothecourt.Theforensicchemistshouldhavepersonallytestifiedon
thesafekeepingofthedrugs,butthepartiesresortedtoageneralstipulationof
her testimony.
Therefore, the rule on unbroken chain of custody was not followed.
44
Comprehensive Dangerous Drugs Act of 2002 - Validity of Buy Bust
Operation
Jasper Tan y Sia v People of the Philippines
LOPEZ, M., J.
G.R. NO. 232611 | April 26, 2021
DOCTRINE
o determine the validity of a buy-bust operation, the Court has consistently
T
applied the "objective test". The "objective test" requires the details of the
purported transaction during the buy-bust operation to be clearly and
adequately shown, i.e., the initial contact between the poseur-buyer and the
pusher, the offer to purchase the drug, and the promise or payment of the
consideration, payment using the buy-bust or marked money, up to the
consummation of the salebythedeliveryoftheillegaldrugsubjectofthesale
whether to the informant alone or the police officer. All these details must be
subject to strict scrutiny by courts to ensure that citizens are not unlawfully
induced to commit an offense.
FACTS
etitioner Jasper Tan y Sia (Tan) was chargedbythePeopleofthePhilippines
P
(People) with Illegal Sale and Illegal Possession of Dangerous Drugs under
Sections 15 and 16, Article III of Republic Act (RA) No. 6425 before the RTC.
Duringtrial,theprosecutionpresentedtwo(2)witnesseswhoarebothmembers
ofthe(PNP)DipologCityStationAnti-ViceTeam. Theytestifiedthattheyhave
been conducting surveillance operations against Jasper beginning the last
week of May 2002. On June 21, 2002, the police officers applied for a search
warrant with the Judge of Municipal Trial Court in Cities (MTCC).
he next day, the police officers gave two (2) marked 100-peso bills to the
T
poseur-buyer who transacted with Tan at the gate of the latter's house. The
police officers were observingthetransactioncovertly.Thebuy-bustoperation
was successful so they handcuffed Jasper, and served him a search warrant.
Thereafter, they searched Jasper's room in the presence of Barangay Captain
Emerenciana Velasco. Recovered were the marked money, amounting to
P2,100.00,drugparaphernalia,andwhitecrystallinesubstanceinsidesix(6)big
plasticsachetsandtwo(2)smallplasticsachetsfoundonatableandontopof
45
cabinet inside his room. The sachets with white crystalline substance were
a
delivered to the crime laboratory for examination and all tested positive for
shabu (methamphetamine hydrochloride). For his part, Jasper offered the
defense of denial and frame-up.
TC convicted Jasper of the charges against him. The trial court ruled that
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denial is a weak defense, and the prosecutionwasabletoproveJasper'sguilt
beyond reasonable doubt in both cases.
an filed an appeal before the CA wherein he questioned the validity of the
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buy-bust operation, the prosecution's failure to account for each link in the
chain of custody, the validity of thesearchwarrant,andthesufficiencyofone
of the testimonies to establish his guilt. People, through the Office of the
SolicitorGeneral,contendsthattheprosecutionhasclearlyestablishedJasper's
guilt beyond reasonable doubt in both charges of Illegal Sale and Illegal
Possession of ProhibitedDrugsandstatesthattheprosecutionhasestablished
the conduct of the buy-bust operation, and consequently, the legality of
Jasper's arrest.
The CA affirmed his conviction. Hence this petition.
ISSUE
Was the buy-bust operation valid.
RULING
O, it was not valid. Petitioner Jasper Tan y Sia is acquitted for failure of the
N
prosecution to prove his guilt beyond reasonable doubt.
o determine the validity of a buy-bust operation, the Court has consistently
T
applied the "objective test". the Court explained that the "objective test"
requires thedetailsofthepurportedtransactionduringthebuy-bustoperation
to be clearly and adequately shown, i.e., the initial contact between the
poseur-buyerandthepusher,theoffertopurchasethedrug,andthepromiseor
payment of the consideration, payment using the buy-bust or marked money,
uptotheconsummationofthesalebythedeliveryoftheillegaldrugsubjectof
the sale whether to the informant alone or the police officer. All these details
must be subject of strict scrutiny by courts to ensure that citizens are not
unlawfully induced to commit an offense.
ere,theprosecutionfailedtoclearlyestablishthedetailsofthepurportedsale.
H
Nothing in the records showstheinitialcontactbetweentheposeur-buyerand
the seller, and the manner by which the initial contact was made. Theofferto
46
uy, the willingness to sell, and the agreed purchase price were not
b
satisfactorily shown.
o witness who had personalknowledgeoftheallegedtransactionwhichtook
N
place between the poseur-buyerandJasperwaspresented.Thepoliceofficers
could not hear or see what was happening between the poseur-buyer and
Jasper, considering the distance of their position from the location of the
transaction along with the size of the subject of this transaction. Again, the
"objective test" requires that the prosecution paint a clear picture of how
the initial contact between the buyer and the pusher was made. It is not
enoughtoshowthattherewasanexchangeofmoneyandillegaldrugs.The
detailsthatledtosuchexchangemustbeclearlyandadequatelyaccountedfor.
Failinginwhichwillcertainlycastadoubtontheveracityofthewholebuy-bust
operation.Onthisnotealone,theguiltofJasperastoillegalsaleofdangerous
drugs is already doubtful. Nonetheless, the lapses that the buy-bust team
committed in this case are worth mentioning.
he court also found discrepancies in the chain of custody. The prosecution
T
failedtoestablishtheauthorizedmovementsandcustodyofthedrugsfromthe
time of seizure totheirpresentationincourt.Thereweregapsinthetestimony
regarding the turnover of the drugs and the marking of the seized items.
DiscrepanciesintheweightoftheseizeddrugsasstatedintheInformationand
theactualweighttestifiedbytheforensicchemistwerenoted.TheCourtfurther
found that the search conducted in Jasper's room was invalid. The search
warrant did not have a specific description of the house and its premises.
Jasper was not present during the search as required by law. The presenceof
the barangay captain as a witness to thesearchdidnotcomplywiththelegal
requirement.
ased on the violations and failures on the part of the prosecution, Jasper's
B
guiltwasnotprovenbeyondreasonabledoubt.Therefore,heisacquittedofthe
charges and ordered to be released from detention.
47
Comprehensive Dangerous Drugs Act of 2002 - Chain of Custody
People v Gandawali y Mawarao
LOPEZ, M., J.
G.R. NO. 242516 (Resolution) | June 8, 2020
DOCTRINE
orpusdelicticannotbedeemedpreservedabsentanyacceptableexplanation
C
forthedeviationfromtheproceduralrequirementsofthechainofcustodyrule
under Section 21 of R.A. No. 9165. Similarly, in Matabilas v. People, sheer
statements of unavailability of the insulating witnesses, without actualserious
attempt to contact them, cannot justify non-compliance.
FACTS
n October 4, 2014, the District Anti-Illegal Drugs Special Operations Task
O
Group planned a buy-bust operation against Zainodin, Jenelyn, and Nurodin
based on information about their alleged drug-selling activities.Theoperation
was carried out on October 5, 2014, at SM Fairview, where PO3 Napoleon
Zamora posed as a buyer. Nurodin handed over a plastic sachet containing a
white crystalline substance. Upon receipt of the drugs, PO3 Zamora gave
Zainodin the boodle money. After the signal, the rest of the entrapment team
rushedinandarrestedZainodin,Jenelyn,andNurodin.PO3Zamoramarkedthe
plastic sachet.
hereafter, the mall security guard requested the team to leave the area
T
because a crowd is forming and their presence is starting to cause a
commotion.ThepoliceofficersthenproceededtoGreaterLagroBarangayHall
where they conducted an inventory and photograph of the seized item.
Afterwards, PO3 Zamora personally delivered the marked item to the Quezon
CityDistrictCrimeLaboratorywhichwastestedpositiveformethamphetamine
hydrochloride.
ainodin, Jenelyn, and Nurodin were then charged with violation of Section5,
Z
ArticleIIofR.A.No.9165beforetheRegionalTrialCourt(RTC).Zainodindenied
the charges, claiming they were arbitrarilyarrested,anddemandedmoneyfor
their release. Despite their denial, the RTC convicted them of illegal drug sale.
he Court ofAppeals(CA)affirmedtheRTC'sdecisiononMay29,2018,stating
T
an unbroken chain of custody of the seized drugs. The accused appealed,
alleging mishandling of evidence during the buy-bust operation, but their
appealwasdismissedonJuly15,2019,forfailuretodemonstrateanyreversible
48
rror by the CA. The appellants insisted that the police mishandled the seized
e
item, leading to their arrest.
Hence, this review.
ISSUE
as there proper handling and custody of theseizediteminthecourseofthe
W
buy-bust operation.
RULING
NO, there was no proper handling and custody of the seized items.
I n illegal sale of dangerous drugs, the contraband itself constitutes the very
corpus delicti of the offenseandthefactofitsexistenceisvitaltoajudgment
of conviction. It is essential to ensure that the substance recovered from the
accused is the same substance offered in court.
nderRA9165,theprosecutionmustsatisfactorilyestablishthemovementand
U
custody of the seized drug through the following links:
(1) the confiscation and marking, if practicable, of the specimen seized
from the accused by the apprehending officer;
(2) the turnover of the seized item by the apprehending officer to the
investigating officer;
(3) the investigating officer's turnover of the specimen to the forensic
chemist for examination; and,
(4) the submission oftheitembytheforensicchemisttothecourt.Here,
the records reveal a broken chain of custody.
A justifiable reason for such failureorashowingofanygenuineandsufficient
effort to secure the required witnesses must be adduced.
I n this case, only an elected public official signed the inventory of evidence.
There wasnoattemptonthepartofthebuy-bustteamtocomplywiththelaw
and its implementing rules. The operatives likewise failed to provide any
justification showing that the integrity of the evidence had all along been
preserved.Theydidnotdescribetheprecautionstakentoensurethattherehad
beennochangeintheconditionoftheitemandnoopportunityforsomeonenot
in the chain to have possession of the same.
PO3DiomampoandPO3Zamoraacknowledgedtheimportanceofthepresence
of an insulating witness. Yet, they did not offer any justification for
non-compliance. Their testimonies show on the part of the buy-bust team an
utter disregard of the required procedure laid down in Section 21 of R.A. No.
9165 which created a huge gap in the chain of custody.
herefore, the court was incorrect in the conviction of Zainodin Gandawali,
T
Jenelyn Gumisad, and Nurodin Elian for illegal sale of dangerous drugs and
later on was acquitted.
49
Comprehensive Dangerous Drugs Act of 2002 - Chain of Custody
People v Flores y Casero
LOPEZ, M., J.
G.R. NO. 246467 (Resolution) | June 15, 2020
DOCTRINE
I n People v. Lim, it was explained that in case the presence of any or all the
insulating witnesses was not obtained, the prosecution must allege and prove
not only the reasons for their absence, but also the fact that earnest efforts
were made to secure their attendance, thus:
I t is well to note that the absence of these requiredwitnessesdoesnotperse
render the confiscated items inadmissible. Howeverajustifiablereasonforher
such failure or a showing of any genuine and sufficient effort to secure the
required witnesses under Section 21 of RA 9165 must be adduced.
FACTS
he Muntinlupa City Police Station Anti-Illegal Drugs Special Operations Task
T
Group planned a buy-bust operation against Diego based on the information
and surveillance report thatheissellingshabutojeepneydrivers.PO1Michael
Leal was designated as the poseur-buyer. The following day, the confidential
informant arranged a meeting in Diego's house. Theentrapmentteamwentto
the target area. Thereafter, PO1 Leal gave Diego the boodle money. Upon
receipt of the payment, Diego handed to PO1 Leal a plastic sachetcontaining
white crystalline substance. At that moment, PO1 Leal drew his gun and
introduced himself as a police officer. The rest oftheentrapmentteamrushed
in. They arrested Diego andrecoveredfromhimagun,threeammunitionsand
the buy-bust money.
Immediately, the team proceeded to the police station because a crowd was
forming which included Diego's relatives and their presence might cause a
commotion.Atthestation,PO1LealmarkedthesachetwithDiego'sinitials.The
police officers conducted an inventory and photograph of the seized items
witnessedbyarepresentativefromtheCityDrugAbusePreventionandControl
Office.
50
fterwards, PO1 LealandPO3Enrilepersonallydeliveredthemarkeditemtoa
A
non-uniformedpersonneloftheSPDCrimeLaboratoryOffice,whothengaveit
to the forensic chemist PCI Abraham Verde Tecson. After examination, the
substancetestedpositiveformethamphetaminehydrochloride.PCITecsonthen
markedthesachetwithhisinitials andhandedittotheevidencecustodianfor
safekeeping.Accordingly,DiegowaschargedwithviolationofSection5,Article
II of R.A. No. 9165 before the Regional Trial Court.
iegodeniedtheaccusationandclaimedthathewasonhiswaytoworkwhen
D
a police mobile parked beside him. Suddenly, three armed men in civilian
clothes alighted and pointed their guns at him. One of themsearchedhimbut
found nothing. Yet, he was forcibly brought to the police station and was
interrogated. The person who earlier searched him demanded P5,000.00 in
exchange for his liberty. Unable to produce themoney,theydetainedhimand
was placed under inquest proceedings.
TC convicted Diego of illegal sale of dangerous drugs. The CA affirmed the
R
RTC's findings ruling that the prosecution presented an unbroken chain of
custody of dangerous drugs.
ISSUE
as the prosecution able to establish an unbroken chain of custody of the
W
seized drugs, which is essential in proving the illegal sale of dangerous drugs.
RULING
o.Theprosecutionwasnotabletoestablishthattherewasanunbrokenchain
N
of custody.
otably, the alleged crime happened before R.A. No. 10640 amended R.A. No.
N
9165. Thus, the original provisions of Section 21 and its IRR shall apply, to wit:
[Section 21, paragraph 1, Article II of RA 9165]
( 1)Theapprehendingteamhavinginitialcustodyandcontrolofthedrugsshall,
immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/herrepresentativeor
counsel,arepresentativefromthemediaandtheDepartmentofJustice(DOJ),
and any elected public official who shall be required to sign the copies of the
inventory and be given a copy thereof.
51
[Section 21(a), Article II of the IRR of RA 9165]
( a)Theapprehendingteamhavinginitialcustodyandcontrolofthedrugsshall,
immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/herrepresentativeor
counsel,arepresentativefromthemediaandtheDepartmentofJustice(DOJ),
and any elected public official who shall be required to sign the copies of the
inventory and be given a copy thereof: Provided, further, thatnon-compliance
with these requirements under justifiable grounds, aslongastheintegrityand
the evidentiary value of the seized items are properly preserved by the
apprehending officer/team, shall not render void and invalid such seizures of
and custody over said items.
I n People v. Lim, theCourtnotedthattheabsenceattheserequiredwitnesses
doesnotperserendertheconfiscateditemsinadmissible.Howeverajustifiable
reason her such failure or a showing of any genuine and sufficient effort to
secure the required witnesses under Section 21 of RA 9165 must be adduced.
Verily, mere statements of unavailability, absent actual serious attempts to
contact the required witnesses are unacceptable as justified grounds for
non-compliance. These considerations arise from the fact that police officers
are ordinarily given sufficient time — beginning from the moment they have
receivedtheinformationabouttheactivitiesoftheaccuseduntilthetimeofhis
arrest — to prepare for a busy-bust operation and consequently, make the
necessary arrangements beforehand knowing full well thattheywouldhaveto
strictly comply with the set procedure prescribed in Section 21 of RA 9165. As
such, police officers are compelled not only to state reasons for their
non-compliance, but must in fact, also convince the Court that they exerted
earnest efforts to comply with the mandated procedure, and that under the
given circumstances, their actions were reasonable.
I n this case,theCourtacknowledgedthattherewasathreattothesecurityof
theentrapmentteamwhichforcedthemtoimmediatelyproceedtothenearest
police station. At that time, a crowd was forming and their presence might
cause a commotion. Moreover, Diego could potentially resist arrest with help
from his relatives. Nevertheless, the absence of the required insulating
witnessesduringtheinventoryandphotographoftheseizeditemsputsserious
doubt as to the integrity of the chain of custody. Here, there was no
representativefromthemediaandtheDepartmentofJustice,andanyelected
public official.Admittedly,thebuy-bustteamnolongerwaitedfortherequired
witnesses so they could timely deliver the suspected drugs to the crime
laboratory. Thus, a representative from the City Drug Abuse Prevention and
Control Office signed the inventory. This is unacceptable considering that
members of the buy-bust team have ample opportunity to prepare and make
necessary arrangements to observe the rigidities of Section 21 of R.A. No. 9165.
52
ence, Diego must be acquitted of the charge against him given the
H
prosecution's failure to prove an unbroken chain of custody.
53
Comprehensive Dangerous Drugs Act of 2002 - Chain of Custody
People v Padua y Cequeña
LOPEZ, M., J.
G.R. NO. 244287 (Resolution) | June 15, 2020
DOCTRINE
erestatementsofunavailability,absentactualseriousattemptstocontactthe
M
required witnesses are unacceptable as justified grounds for noncompliance.
Theseconsiderationsarisefromthefactthatpoliceofficersareordinarilygiven
sufficienttime-beginningfromthemomenttheyhavereceivedtheinformation
abouttheactivitiesoftheaccuseduntilthetimeofhisarrest-topreparefora
buy-bust operation and consequently, make the necessary arrangements
beforehandknowingfullwellthattheywouldhavetostrictlycomplywiththeset
procedure prescribed in Section 21 of RA 9165. As such, police officers are
compelled not only to state reasonsfortheirnon-compliance,butmustinfact,
also convince the Court that they exerted earnest efforts to comply with the
mandated procedure, and that under the given circumstances, their actions
were reasonable.
FACTS
n December 17, 2014, the Binangonan Police Station conducted a buy-bust
O
operation against Jemuel, suspecting him of selling illegal drugs. During the
operation, PO1 Zaldy A) upheld the RTC's decision on September 19, 2018,
statingthattheManigbasposedasabuyer,andJemuelallegedlysoldaplastic
sachet containing a white crystalline substance. The arrest was made after a
struggle,andtwomoresachetsandtwostripsofaluminumfoilwererecovered
from Jemuel. The items were marked and inventoried in the presence of a
barangay official. Subsequent testing confirmed the substance as
methamphetamine hydrochloride.
emuel, however, denied the charges, claiming he was forcibly taken by four
J
men while on his way home. Despite his denial, on February 26, 2017, the
Regional Trial Court (RTC) convicted Jemuel of Illegal Sale and Illegal
Possession of Dangerous Drugs.
heCourtofAppeals(CA)affirmedRTC’srulingandfoundthattheprosecution
T
successfully established the elements of the offenses and maintained an
unbroken chain of custody of the seized drugs. Hence, this review.
54
ISSUE
as the CA’s ruling correct in affirming the decision of the RTC, convicting
W
Jemuel Padua for Illegal Sale and Possession of Dangerous Drugs.
RULING
NO. The CA erred in affirming the decision of the RTC.
I n RA 9165, it is essential to ensure that the substance recovered from the
accused is the same substance offered in court. The prosecution must
satisfactorily establish the movement and custody of the seized drug through
the following links:
(1)theconfiscationandmarkingofthespecimenseizedfromtheaccusedby
the apprehending officer;
(2)the turnover of the seized item by the apprehending officer to the
investigating officer;
(3)the investigating officer's turnover of the specimen to the forensic
chemist for examination; and,
(4)the submission of the item by the forensic chemist to the court.
I n People v. Umpiang, the Court held that the prosecution must show that
earnest efforts were employed in contacting the representatives enumerated
under the law for "a sheer statement that representatives were unavailable
withoutsomuchasanexplanationonwhetherseriousattemptswereemployed
tolookforotherrepresentatives,giventhecircumstancesistoberegardedasa
flimsy excuse."
erily, mere statements of unavailability, absent actual serious attempts to
V
contact the required witnesses are unacceptable as justified grounds for
noncompliance.Theseconsiderationsarisefromthefactthatpoliceofficersare
ordinarilygivensufficienttime-beginningfromthemomenttheyhavereceived
the informationabouttheactivitiesoftheaccuseduntilthetimeofhisarrest-
to prepare for a buy-bust operation and consequently, make the necessary
arrangements beforehand knowing full well that they would have to strictly
comply with the set procedure prescribed in Section 21 of RA 9165.
s such, police officers are compelled not only to state reasons for their
A
non-compliance, but must in fact, also convince the Court that they exerted
earnest efforts to comply with the mandated procedure, and that under the
given circumstances, their actions were reasonable.
heabsenceoftheserequiredwitnessesdoesnotperserendertheconfiscated
T
itemsinadmissible.However,ajustifiablereasonforsuchfailureorashowingof
anygenuineandsufficientefforttosecuretherequiredwitnessesunderSection
21 of RA 9165 must be adduced.
55
I n this case, the absence of a representative of the National Prosecution
Service or the mediaasaninsulatingwitnesstotheinventoryandphotograph
of the seized item20 puts serious doubt as to the integrity of the chain of
custody. To be sure, only an elected public official signed the inventory of
evidence at the place of arrest. Worse, the items were photographed at the
police station without the presence of any insulating witness. However, the
operatives failed to provide any justification for non-compliance showing that
the integrity of the evidence had all along been preserved. They did not
describe the precautionstakentoensurethattherehadbeennochangeinthe
condition of the item and noopportunityforsomeonenotinthechaintohave
possessionofthesame.Theutterdisregardoftherequiredprocedurescreated
a huge gap in the chain of custody.
Therefore, the court erred in the conviction of the said accused.
56
I llegal sale and possession of dangerous drugs; Validity of warrantless
arrest; Validity of warrantless searches (Search of moving vehicle; Stop
and Frisk); Timely questioning of the legality of arrest and search
Quiap y Evangelista v People
LOPEZ, M., J.
G.R. NO. 229183 (Resolution) | February 17, 2021
DOCTRINE
he absence of the required witnesses does not per se render the confiscated
T
itemsinadmissible.However,ajustifiablereasonforsuchfailureorashowingof
anygenuineandsufficientefforttosecuretherequiredwitnessesunderSection
21 of RA 9165 must be adduced.
FACTS
olice Senior Inspector Jefferson Parra-Ison, SPO1 Efren Sales (SPO1 Sales),
P
PO1 Ryan Virtudes, and PO2 Garcia organized an entrapment team after
receivingaphonecallfromaconfidentialassetthatLeonidesalias"Kacho"was
onhiswaytoSta.CruzLagunatoobtainshabuandthatheandKachowereon
board a passenger jeepney going to Calamba Crossing.
heentrapmentteamproceededtoagasolinestationandwaitedforthetarget
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jeepney. After five minutes, the identified passenger jeepney arrived and was
flagged down. Kacho was about to throw out of the window a small object
wrappedwithelectricaltapebutPO2GarciaheldhishandandaskedKachoto
unwrap the object which yielded a small plastic sachet containing white
crystalline substance.PO2GarciaconfiscatedthesachetandbroughtKachoto
the police station.
O2 Garcia and SPO1 Sales delivered the seized item to the crime laboratory,
P
the qualitative examination on the specimen was tested positive for
methamphetaminehydrochloride.Thus,Leonideswaschargedwithviolationof
Section 11, Article II of RA No. 9165 before the RTC.
Leonides elevated the case to theCAquestioningthevalidityofhisarrestand
raised the failure of thepoliceofficerstocomplywiththeproperhandlingand
custody of dangerous drug, however, the CA affirmed Leonides conviction
explaining that the supposed defect in Leonides' arrest is deemed waived
absent any objection before his arraignment.
57
ISSUE
Should Leonides be held guilty of Illegal Possession of Dangerous Drugs.
RULING
o,LeonidesshouldnotbeheldguiltyofIllegalPossessionofDangerousDrugs
N
given that the prosecution failed to prove an unbroken chain of custody.
nder the Chain of Custody in Illegal Possession of Dangerous Drugs, the
U
contrabanditselfconstitutestheverycorpusdelictioftheoffense,andthefact
ofitsexistencewasvitaltoajudgmentofconviction.Itwasessentialtoensure
thatthesubstancerecoveredfromtheaccusedwasthesamesubstanceoffered
in court. The prosecution must satisfactorily establish the movement and
custody of the seized drug through the following links namely (1) the
confiscation and marking of the specimen seized from the accused by the
apprehending officer, (2) the turnover of the seized item by the apprehending
officertotheinvestigatingofficer,(3)theinvestigatingofficer'sturnoverofthe
specimentotheforensicchemistforexamination,and(4)thesubmissionofthe
item by the forensic chemist to the court. Also, jurisprudence tells us that the
deviation from the standardprocedureinSection21dismallycompromisesthe
evidence, unless such noncompliance was under justifiable grounds and the
integrity and the evidentiary value of the seized items are properly preserved
by the apprehending team and insulating witnesses during the physical
inventory and the photograph of the seized items.
I nthiscase,thevalidityofthewarrantlessarrestandseizurewereestablished;
however, the records reveal a broken chain of custody on the identity and
credibility of the confiscated evidence. The absence of the required insulating
witnesses during the inventory and photographoftheseizeditemputsserious
doubt as to the integrity of the chain of custody. Admittedly, there was no
representativefromthemediaandtheDepartmentofJustice,andanyelected
publicofficial.Therewasnoattemptonthepartofthebuy-bustteamtocomply
with the law and its implementing rules. The operatives failed to provide any
justification showing that the integrity of the evidence had all along been
preserved. The link between the investigating officer and the forensic chemist
was not established with certainty. The police officers did not describe the
precautions taken to ensure that therehadbeennochangeintheconditionof
the seized item and no opportunity for someone not in the chain to have
possession of the dangerous drug. The records show that SPO2 Macabajon
received the specimen from PO3 Sales. Yet SPO2 Macabajondidnottestifyon
howtheseizeditemfellintothehandsoftheforensicchemistPSIBombasi.The
stipulated testimony of PSI Bombasi was insufficient to explain this gap.
Undeniably, the presence of the insulating witnesses was the firstrequirement
to ensure the preservation of the identity and evidentiary value of the seized
drugs.
herefore, Leonides should be acquitted. The presumption of regularity in the
T
performance of duties enjoyed by law enforcers cannot prevail over the
constitutional right of the accused to be presumed innocent, and it cannot by
58
itself constitute proof of guilt beyond reasonable doubt. The presumption of
regularity was disputable, and cannot be regarded as binding truth.Whenthe
performance of duty was tainted with irregularities, such presumption was
effectively destroyed.
59
Illegal sale and Possession of Dangerous Drugs
Reyes, Jr. y De Los Reyes v People
LOPEZ, M., J.
G.R. NO. 244545 (Resolution) | February 10, 2021
DOCTRINE
I ncasethepresenceofanyoralltheinsulatingwitnesseswasnotobtained,the
prosecution must allege and prove not only the reasons for their absence,but
also the fact that earnest efforts were made to secure their attendance.
FACTS
ranklinReyes,Jr.yDeLosReyes(Reyes),thecomplainantappealingtoreview
F
the decision alleging him for Illegal Sale and Possession of Dangerous Drugs
because police officers failed to comply with the chain of custody rule and
failed to establish his guilt beyond reasonable doubt
eyesalias“idol”waspeddlingillegaldrugsalongMagatSalamatStreet.Reyes
R
received a text message that therewasabuyerofShabuworthP1,000.Inthe
buy-bust operation, PO1 Irving Lorenzo (PO1 Lorenzo) was designated as the
poseur-buyer while PO1 Jay Joemar Corpuz (PO1 Corpuz) and other police
officersactedasback-up.PoliceassetandPO1Lorenzoinvitedtheminsidethe
four-doorapartment.Subsequently,PO1Lorenzohandedthemarkedmoneyto
Reyes and then pulledoutarolledpaperenvelopefromhispocket.Reyestook
out asmallplasticsachetcontainingwhitecrystallinesubstanceandgaveitto
PO1Lorenzo.Immediately,PO1Lorenzoplacedthesachetinsidehispocketand
discreetly gave the signal. Thereafter, PO1 Lorenzo introduced himself as a
police officer and arrested Reyes.PO1CorpuzfriskedReyesandrecoveredthe
small brown paper envelope, the P1,000.00 buy-bust money and three other
sachets. The buy-bust team brought Reyes to the police station and they
contactedmediaandbarangayofficials;however,onlyKagawadHelenBulauan
(Kagawad Bulauan) was present. The specimen that was brought directly by
PO1 Lorenzo and Corpuz to PNP Crime Laboratory tested positive for the
presence of Shabu.
I n the version of Reyes, he deniedtheaccusationbecauseonthatdayhewas
aloneinhisapartmentandsomecalledhimsohewenttohisgateandsawthe
five (5) police officers and brought him inside his apartment. Police Officers
searched his apartment and asked him to go with them butherefused.Reyes
claimedthathewasbeatenandkickedwhilehandcuffed.Reyesclaimedthathe
was in the investigation room and they took his fingerprints and photo and
60
r equiredtosignseveralitemsbutherefused.Reyesalsoclaimedthatthepolice
officerdidnotfriskduringarrestandthattherecovereditemswerenotowned
by him.
n January 28 2016, Reyes waschargedseparatelybeforetheRTCwithillegal
O
Sale and Possession of Dangerous Drugs. On the First Charge, it was alleged
that Reyes sold and delivered to a police poseur buyer one (1) heat-sealed
Shabuandthathepossessedthree(3)heat-sealedtransparentplasticsachetin
different sizes of shabu. On March 7, 2017, the RTC found Reyes Guiltybeyond
reasonable doubt. On July 20, 2018, Reyes elevated the case to the Court of
AppealsbutsuchwasstilldeniedandinsteadaffirmedthedecisionofRTCwith
modification in the Fines. Reyes sought for review on the decision of RTC and
CA.
ISSUE
Should Reyes be held guilty of illegal possession of dangerous drugs.
RULING
o, Reyes should not be held guilty of the charge of illegal possession of
N
dangerous drugs.
I n Illegal Sale and Possession of Dangerous Drugs, the contraband itself
constitutes the very corpus delicti of the offense and the fact of its existence
was vital to a judgment of conviction. Thus, it is essential to ensure that the
substance recovered from the accused is the same substance offered in court.
he prosecution mustsatisfactorilyestablishthemovementandcustodyofthe
T
seized drug through the following links namely:
( 1)theconfiscationandmarking,ifpracticable,ofthespecimenseizedfromthe
accused by the apprehending officer,
(2) the turnover of the seized item by the apprehending officer to the
investigating officer,
(3) the investigating officer's turnover of the specimen to the forensic chemist
for examination; and,
(4) the submission of the item by the forensic chemist to the court.
he absence of a representative of the National Prosecution Service or the
T
media as an insulating witness to the inventory and photograph of the seized
itemputsseriousdoubtastotheintegrityofthefirstlink.Weemphasizedthat
the presence of the insulating witnesses is the first requirement to ensure the
preservation of the identity and evidentiary value of the seized drugs.
I ntheabsenceofsuchwitnesses,prosecutionshouldprovenotonlythereasons
for the witnesses’ absence,butalsothefactthatearnesteffortsweremadeto
securetheirattendance.Thustheabsenceoftheserequiredwitnessesdoesnot
per se render the confiscated items inadmissible.However,ajustifiablereason
61
f or such failure or ashowingofanygenuineandsufficientefforttosecurethe
required witnesses under Section 21 of RA 9165 must be adduced. A sheer
statement that representatives were unavailable without so much as an
explanation on whether serious attempts were employed to look for other
representatives, given the circumstances is to be regarded as a flimsy excuse.
ere, the records reveal a broken chain of custody. There's doubt as to the
H
integrity in the first link because there's no National Prosecution Service or
media representativeasaninsulatingwitnesstotheinventoryandphotograph
of the seized item.
urther,itwasonlyKagawadBulaunwhosignedtheinventoryofevidence.The
F
operatives failed to provethattheintegrityoftheevidencehadallalongbeen
preserved. PO1 Lorenzo testifiedthatnoneofthemedianorbarangayofficials
came aside from Bulaun and that those present at the time of marking were
Bulaun and Franklin Reyes. Bulaun admitted that she saw the items on top of
the table but did not see the actual operation and marking of the items.
herefore, Reyes should be acquitted of the charges because of the
T
prosecution's failure to prove an unbroken chain of custody. When the
performance of duty was tainted with irregularities, such presumption was
effectively destroyed. The provisions of Section 21 of RA No. 9165embodythe
constitutional aim to prevent the imprisonment of an innocent man. The lax
approach of the law enforcers in handling the very corpus delicti of the crime
should not be tolerated.
62
Chain of Custody - Witnesses
People v Rowan Buniel y Ramos
LOPEZ, M., J.
G.R. NO. 243796 (Resolution) | September 8, 2020
DOCTRINE
I t is well to note that the absence of these requiredwitnessesdoesnotperse
rendertheconfiscateditemsinadmissible.However,ajustifiablereasonforsuch
failure or ashowingofanygenuineandsufficientefforttosecuretherequired
witnesses under Section 21 of RA 9165 must be adduced.
FACTS
ponareportofaninformant,abuy-bustoperationwasorganizedtodealwith
U
RowenaBunielyRamos(Weng),appellant.Uponpaymentofthemarkedmoney
and receiptofthesachet,PO2DennisReyes(PO2Reyes)removedhiscapasa
sign that the transaction had been completed, to which the back-up team
rushed to the area. PO2 Reyes searched Weng and recovered the buy-bust
money. He also frisked Weng’s companion andrecoveredfromherasachetof
white crystalline substance. After proceeding to the police station, Weng was
identified as appellant Buniel and her companion, Rowena Simbulan y
Encarnado (Simbulan).
pon the chain of custody, only Rene Crisostomo, a member of the media
U
connectedwiththetabloidRemate,waspresent.PO2Reyesmarkedthesachet
from Weng as “TK” and the sachet from Simbulan as “TK1”. PO2 Reyes
conducted the inventory, prepared the Receipt of Property/Evidence Seized,
and the Chain of Custody Form. PO3 Archie Bernabe took photographs and
prepared the Request for Inquest and Laboratory Examination, and Booking
Sheets and Arrest Report. Thereafter PO2 turned over the plastic sachets and
buy-bust money to PO3 Bernabe. The specimen and Request for laboratory
examination to the crime laboratory were received by forensic chemist PCI
Reyes, to which she identified both sachets containing shabu.
Thereafter,presentedandturnedoverthespecimenstotheprosecutorandthe
defense counsel.
nlyWengdeniedthecharges,claimingthattheywereset-upforextortion.The
O
trial court rendered a decision convicting Weng of illegal sale of drugs and
acquitted Simbulan of illegal possession. Upon appeal, the CA affirmed the
lower court’s decision. Stating that Crisostomowitnessingtheinventory-taking
without presenting proof of his identity was not fatal because the parties
63
s tipulatedonCrisostomo'stestimonythathesignedtheReceiptofInventoryof
Property/Evidence Seized as a member of the media.TheCApointedoutthat
neither law nor jurisprudence requires the presentation of any money used in
the buy-bust operation. It was sufficient that the sale of the dangerous drug
was adequately proven and that the corpus delicti was presented in court.
ISSUE
Was there a proper chain of custody.
RULING
No. The Chain of custody was improper.
rticle II, Section 21 (a) of the Implementing RulesandRegulationsofRANo.
A
9165enumeratestheprocedurestobeobservedbytheapprehendingofficersto
confirm the chain of custody:
(a)Theapprehendingofficer/teamhavinginitialcustodyandcontrol
of the drugs shall, immediately after seizure and confiscation,
physicallyinventoryandphotographthesameinthepresenceofthe
accused or the person/s from whom such items were confiscated
and/or seized, or his/herrepresentativeorcounsel,arepresentative
from the media and the Department of Justice (DOJ), and any
elected publicofficialwhoshallberequiredtosignthecopiesofthe
inventory and be given a copy thereof: Provided, that the physical
inventoryandphotographshallbeconductedattheplacewherethe
search warrant is served; or at the nearest police station or at the
nearest office of the apprehending officer/team, whichever is
practicable, in case of warrantless seizures; Provided, further that
non-compliancewiththeserequirementsunderjustifiablegrounds,as
longastheintegrityandtheevidentiaryvalueoftheseizeditemsare
properly preserved by the apprehending officer/team, shall not
render void and invalid such seizures of and custody over said items;
owever,inpastjurisprudence,itwasclarifiedthatdeviationfromthestandard
H
procedure in Section 21 will notipsofactorendertheseizureandcustodyover
theitemsasvoidandinvalid,providedthattheprosecutionsatisfactorilyproves
that:
(1)there is justifiable ground for non-compliance; and
(2)the integrity and evidentiary value of the seized items are properly
preserved.
The prosecution must explain the reasons behind the procedural lapses and
must show that the integrity and evidentiary value oftheseizedevidencehad
been preserved.
I n this case, there is no showing that the marking and inventoryweredonein
thepresenceofthethreeinsulatingwitnesses.Thefirstandsecondphotographs
submitted in evidence only show PO2 Reyes markingtheplasticsachetsinthe
presence of accused-appellant and Simbulan; while the third photograph, the
64
uy-bust money and the marked plastic sachets. That the marking and
b
inventoryweredonewithouttheinsulatingwitnesses,isevidentinthetestimony
ofCrisostomo,whoisakagawadofanotherbarangayandamediapractitioner,
that "he did not see the two (2) accused when he signed the inventory." And,
even if Crisostomo waspresent,hesignedintheinventoryasamemberofthe
media. In the Receipt of Property/Evidence Seized, Crisostomo is the lone
signatory. Meanwhile, the police officers did not explain the absence of a
representative from the DOJ and another elected public official.
herefore, the breaches in the procedure provided in Section 21, Article II of
T
R.A. 9165 committed by police officers and left unexplained by the State,
militate against the convictionofaccused-appellantbeyondreasonabledoubt,
as the integrity and evidentiary value of the corpus delicti had been
compromised. Rowena Buniel is acquitted.
65
Chain of Custody
People v Mazo y Ybañez
LOPEZ, M., J.
G.R. NO. 242273 | November 23, 2020
DOCTRINE
I n illegal sale and possession of dangerous drugs, the contraband itself
constitutes the corpus delicti of the offenses, and establishing the chain of
custody is vital for a judgment of conviction. The court emphasizes that the
prosecution must satisfactorily establish the movement and custody of the
seized drug through specific links, includingmarking,turnover,examinationby
a forensic chemist, and submission to the court
FACTS
buy-bust operation wasconductedbytheStationAnti–IllegalDrugs-Special
A
Operations Task group, apprehending Nico Mazo y Ybanez (Nico) and Joey
Domdona y Abletes (Joey), and Mary Joy Garcia y Vitug (Joy) seizing three
plastic sachets containing white crystalline substance. From their arrest, the
police officers proceeded to the barangay hall where they conducted an
inventory and photograph of the seized items in the presence of a Barangay
Kagawad. After examination, Nico, Joey, and Joy were then charged with
violations of Sections (Sec.)5and11,ArticleIIofRepublicAct(RA)No.916511
before the Regional Trial Court (RTC).
he accused denied the accusations. Nico claimed that he wassleepinginside
T
theirhousewhenseveralmenbargedinandbroughtthemtothepolicestation.
On the other hand, Joey narrated that he was on his way tobuyfoodwhena
policeman arrested him.
TC convicted Nico and Joey of illegal sale of dangerous drugs. Also, it held
R
Nico guilty ofillegalpossessionofdangerousdrugs.TheRTCgavecredenceto
the prosecution's version as to the transaction that transpired between them
and the poseur-buyer. However, Joy was acquitted.
ggrieved, Nico and Joey elevated the case to the CA. They argued that no
A
actual buy-bust operation transpired and thattheywereframed-up.Moreover,
the apprehending officers did not comply with the chain of custody requirement.
heCAaffirmedtheRTC'sfindingsandruledthattheprosecutionpreservedthe
T
integrity and evidentiary value of thedangerousdrugs,astheyestablishedan
unbroken chain of custody and proper handling of the seized items. From the
testimony of PO1 Amante (poseur-buyer police), the prosecution established
66
t hat he had the custody of the drug seized from accused-appellants from the
moment they were arrested, during thetimethattheyweretransportedtothe
police station, and up to the time that the drug was submitted to the crime
laboratory for examination.Subsequently,theysoughtreconsiderationbutwas
denied, hence this petition.
ISSUE
as the prosecution able to establish an unbroken chain of custody for the
W
seizeditems,whichisessentialinprovingtheguiltoftheaccusedinillegaldrug
cases.
RULING
NO. The prosecution failed to establish an unbroken chain of custody.
I n illegal sale and possession of dangerous drugs, the contraband itself
constitutestheverycorpusdelictioftheoffensesandthefactofitsexistenceis
vital to a judgment of conviction. Thus, it is essential to ensure that the
substance recovered from the accused is the same substanceofferedincourt.
Indeed,theprosecutionmustsatisfactorilyestablishthemovementandcustody
of the seized drugthroughthefollowinglinks:(1)theconfiscationandmarking
of the specimen seized from the accused by the apprehending officer; (2) the
turnover of the seized item by the apprehending officer to the investigating
officer; (3) the investigating officer's turnover of the specimen to the forensic
chemist for examination; and, (4) the submission of the item by the forensic
chemist to the court. Here, the records reveal a broken chain of custody.
he first stage in the chain of custody is the marking of dangerous drugs
T
whichisindispensableinthepreservationoftheirintegrityandevidentiary
value.Themarkingoperatestosetapartasevidencethedangerousdrugsfrom
othermaterials,andforestallsswitching,planting,orcontaminationofevidence.
The succeeding handlers of dangerous drugs will also use the marking as
reference. In this case, the prosecution, likewise, failed to account thedetails
on how the confiscated items were marked. PO1 Amante testified that he
marked the sachet of shabu he bought with "NICO," and the two sachets he
recovered during frisking with "NICO-1" and "NICO-2." Yet, there was no
showing where and when the seized drugs were marked. In his affidavit, it
simply stated that the drugs were "later marked"withoutprovidingthedetails
surrounding the initial handling of the drugs.
I n other words, the place of marking remains unknown. Corollary, lacking
material details regarding the marking of the seized drugs, the prosecution
failed to remove any suspicion of tampering, switching, or planting of evidence.
imilarly, the chain of custody rule requires the conduct of inventory and
S
photographoftheseizeditemsimmediatelyafterseizureandconfiscation,
which is intended by law to be made immediately after, orattheplaceof
apprehension. If not practicable, the implementing rules allow the inventory
and photograph as soon as the buy-bust team reaches the nearest police
67
s tation, or the nearest office of the apprehending team. In this case, the
inventoryandphotographoftheconfiscateditemswerenotmadeimmediately
at the place of arrest but at the barangay hall.
astly, the absence of a representative of the National Prosecution Service or
L
the media as an insulating witness to the inventory and photograph of the
seized items, puts serious doubt as to the integrity of the confiscated items.
Admittedly, only an elected public official signed the inventory of evidence.
There was no attempt on the part of the entrapment team tocomplywiththe
law and its implementing rulesdespitetheplannedbuy-bustoperation.Worse,
it appears that the barangay official was absent when the drugs were seized.
TheprosecutionstipulatedthatKagawadCabo"hadnopersonalknowledgeas
to the circumstancesregardingtheallegedconfiscationoftheitemsxxx." On
this point, it must be stressed that the presence of the witnesses must be
securednotonlyduringtheinventorybut,moreimportantly,atthetimeof
thewarrantlessarrest.Itisatthispointinwhichthepresenceofthewitnesses
is most needed, as it is their presence at the time of seizure and confiscation
thatwouldbelieanydoubtastothesource,identity,andintegrityoftheseized
drug.
ence,NicoandJoeymustbeacquittedofthechargesagainstthemgiventhe
H
prosecution's failure to prove an unbroken chain of custody.
68
n Act Providing for Stronger Protection
A
Against Rape and Sexual Exploitation and
Abuse, Increasing the Age for Determining the
Commission of Statutory Rape
(R.A. No. 11648, Secs. 1-3)
Statutory Rape
People v XXX
LOPEZ, M., J.
G.R. NO. 243988 | August 27, 2020
DOCTRINE
nderArticle266-A,paragraph1(d)oftheRPCasamendedbyRANo.8353,the
U
crime of statutory rape has the following elements: (1) the offended party is
under12yearsofage;and(2)theaccusedhadcarnalknowledgeofthevictim.
Previously,theCourtruledthatthecrimeisstatutoryRapewhenthevictimhas
a mental age of a person below 12 years old. It ruled further that, a person's
capacitytodecidewhethertogiveconsentortoexpressresistancetoanadult
activity is determined not by his or her chronological age but by his or her
mental age.Therefore,indeterminingwhetherapersonis"twelve(12)yearsof
age"underArticle266-A(1)(d),theinterpretationshouldbeinaccordancewith
either the chronological age of the child if he or she is not suffering from
intellectual disability, or the mental age if intellectual disability is established
I n A.M. No. 15-08-02-SC, this Court set theguidelinesfortheuseofthephrase
"without eligibility for parole" to remove any confusion, to wit:
1. I ncaseswherethedeathpenaltyisnotwarranted,thereisnoneedtouse
thephrase"withouteligibilityofparole"toqualifythepenaltyofreclusion
perpetua; it is understood that convicted persons penalized with an
indivisible penalty are not eligible for parole; and
2. When circumstances are present warranting the imposition of the death
penalty, but this penalty is not imposed because of [RepublicAct](R.A.)
[No.]9346,thequalificationof"withouteligibilityofparole"shallbeused
to qualify reclusion perpetua in order to emphasize that the accused
should have been sentenced to suffer the death penalty haditnotbeen
for R.A. No. 9346.
69
FACTS
AA, a mentally retarded 29-year old, confessed to BBB, her mother, that she
A
was pregnant and that XXX, a distant relative and long-time neighbor, is the
fatherorthechild.XXXexpressedhiswillingnesstomarryandsupportthechild
AAA, after he was confronted by the latter'sfather,buttheplansformarriage
did not push through.
ore than four years later, AAA was pasturing a cow when XXX suddenly
M
dragged her into the shrubs, removed her underwear, covered hermouthwith
clothes,wentontopofher,andinsertedhispenisintohervagina.AAAresisted
and hit XXXwithapieceofwoodandstone.Later,AAAdisclosedthatshehad
sex with XXX several times but he threatened to kill her if she told her mother.
XX was charged with Rape under Article 266-A, par. 1(d) and Sexual Abuse
X
underSec.5(b)ofArt.7610.Duringthetrial,BBBtestifiedthatAAAisalready29
yearsoldbutisamentalretardateandanilliterate.Thepsychologistconfirmed
that AAA has a mental age comparable to that of a six-year old child.
XX admitted having sexual intercourse with AAA but alleged that they were
X
lovers. He knew that AAA bore his child,hefinanciallysupportedthechildand
planned to marry AAA but her father and siblings threatened to maul him.He
also argued that AAA was not a mental retardate becauseshespokewelland
can perform basic household chores, such as laundry, gardening and
baby-sitting.
he RTC found XXX guilty beyond reasonable doubt of the crime of Rapeand
T
sentenced him with a penalty of reclusion perpetua, without possibility for
parole.
XX appealed to the CA, however, the CA affirmed RTC's findings. Hence, the
X
petition.
ISSUE
1 . Did the court abletoestablishtheguiltofXXXbeyondreasonabledoubtfor
the crime of qualified rape.
. Did the court err in imposing the penalty of Reclusion Perpetua, "without
2
possibility for parole.
RULING
1. N O. The prosecution was able to establish the guilt of XXX beyond
reasonable doubt for the crime of Statutory Rape not for Qualified Rape.
70
nder Article 266-A, paragraph 1(d) of the RPC as amended by RA No.
U
8353, the crime of statutory rape has the following elements: (1) the
offended party is under 12 years of age;and(2)theaccusedhadcarnal
knowledge of the victim. Previously, the Court ruled that the crime is
statutory Rape when the victim has a mental age of a person below 12
years old. It ruled further that, a person's capacitytodecidewhetherto
give consent or to express resistance to an adult activity is determined
not by his or her chronological age but by his or her mental age.
Therefore, in determining whether a person is "twelve (12) yearsofage"
underArticle266-A(1)(d),theinterpretationshouldbeinaccordancewith
eitherthechronologicalageofthechildifheorsheisnotsufferingfrom
intellectual disability, or the mental age if intellectual disability is
established.
ere, all the elementsofstatutoryRapewereprovenbeyondreasonable
H
doubt. Foremost, it was established that AAA is incapable of giving
rationalconsentandhasnotreachedthelevelofmaturitythatwouldgive
her the capacity to make prudent decisions, especially on matters
involving sexuality.
otably, XXX was charged with Rape committed against a mental
N
retardatequalifiedbythecircumstanceunderArticle266-Bparagraph10
of the RPCthattheoffenderknewofthevictim'smentaldisabilityatthe
time of the commission of the crime. The penalty for Qualified Rape is
death penalty. In this case, however, the prosecution failed to prove
beyond reasonable doubtthatXXXwasawareofAAA'smentaldisability
at the time he committed the crime. The prosecution did not controvert
XXX'sdenialandallegationthatAAAfunctionedlikeanormalperson.Itis
settled that qualifying circumstances must be sufficiently alleged in the
informationandprovedduringtrial.Thus,XXXisguiltyofStatutoryrape
with a penalty of reclusion perpetua not qualified rape.
2. Y ES. The court erred in including the phrase "without possibility for
parole".
I nA.M.No.15-08-02-SC,38thisCourtsettheguidelinesfortheuseofthe
phrase "without eligibility for parole" to remove any confusion, to wit:
1. I ncaseswherethedeathpenaltyisnotwarranted,thereisnoneed
to use the phrase "without eligibility of parole" to qualify the
penalty of reclusion perpetua; it is understood that convicted
persons penalized with an indivisible penalty are not eligible for
parole; and
71
2. W
hen circumstances are present warranting the imposition of the
deathpenalty,butthispenaltyisnotimposedbecauseof[Republic
Act] (R.A.) [No.] 9346, the qualification of "without eligibility of
parole" shall be used to qualify reclusion perpetua in order to
emphasize that the accused should have beensentencedtosuffer
the death penalty had it not been for R.A. No. 9346.
XXisguiltyofstatutoryRape.ApplyingArticle266-BoftheRPC,theCA
X
and the RTC correctly imposed the penalty of reclusion perpetua.
However, the phrase "without possibility for parole" in the dispositive
portion of the RTC's Decisionmustbeclarified.Hence,thereisaneedto
qualifythattheaccusedisnot"eligibleforparole"onlyincaseswherethe
imposablepenaltyshouldhavebeendeathwereitnotfortheenactment
of RA No. 9346 or the Anti-Death Penalty Law.XXXisguiltyofstatutory
Rape penalized with reclusion perpetua and there is noneedtoindicate
that he was ineligible for parole.2
2
OTE: Art. 266-A is now amended by R.A. No. 11648, March 04, 2022.
N
Article 266-A. Rape; When and How Committed. - Rape is committed:
1) By a person who shall have carnal knowledge of another person under any of
the following circumstances:
"x x x"
) When the offended party is under sixteen (16) years of age or is demented,
d
even though none of the circumstances mentioned above be present: Provided,
That there shall be no criminal liability on the part of a person having carnal
knowledge of another person under sixteen (16) years of age when the age
difference between the parties is not more than three (3) years, and the sexual
act in question is proven to be consensual, non-abusive, and non-exploitative:
Provided, further, That if the victim is under thirteen (13) years of age, this
exception shall not apply.
s used in this Act, non-abusive shall mean the absence of undue influence,
A
intimidation, fraudulent machinations, coercion, threat, physical, sexual,
psychological, or mental injury or maltreatment, either with intention or through
neglect, during the conduct of sexual activities with the child victim. On the
other hand, non-exploitative shall mean there is no actual or attempted act or
acts of unfairly taking advantage of the child's position of vulnerability,
differential power, or trust during the conduct of sexual activities.
72
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