CRIMINAL LAW REVIEW CASE DIGESTS

CASE/TOPIC
People
of
the
Philippines
vs.
Shirley Casio (2014)

Entrapment
Instigation

vs.

FACTS
Accused Sherley A. Casio
was Charged for violation
of R.A. 9208 also known
as the Anti-Trafficking in
Persons Act of 2003.
Accused
denied
the
allegation; argued that
the entrapment was not
valid considering there
was no prior surveillance.

ISSUE
WON
entrapment
operation
was
valid.
WON
surveillance
is
indispensable.

RULING
YES. A prior surveillance is not a
condition
for
entrapment
operations validity. However the
police carry out its entrapment
operations, for as long as the
rights of the accused have not
been violated in the process, the
Courts will not pass on the
wisdom thereof.
Note:
Use of Subjective and Objective
Test to determine WON there is
valid entrapment. (Pp vs. Doria)
SUBJECTIVE TEST:
-The focus of the inquiry is on the
accuseds
predisposition
to
commit the offense charged, his
state of mind and inclination
before his initial exposure to

government agents.

Rene Ronulo
Vs.
People
of
the
Philippines (2014)

Performance
of
Illegal
Marriage
Ceremony

Ronulo was charged with

violation of Art. 352 when
he
solemnized
the
marriage of Umadac and
Bingayen
without
the
required
marriage
license. In his defense, he
denied that his act of
blessing the couple was
tantamount
to
a
solemnization of marriage
as contemplated by law.

WON
the
blessing was
tantamount
to
celebration
of
marriage
such
that, Ronulo is
liable
for
violation of Art.
352.

OBJECTIVE TEST:
-court considers the nature of
police activity involved and the
propriety of police conduct. The
inquiry
is
focused
on
the
inducements
used
by
government agents, on police
conducts, not on the accused and
his predisposition to commit the
crime.
YES.
What
the
petitioner
conducted
was
a
marriage
ceremony,
as
the
minimum
requirements set by law were
complied with.
While petitioner may view this
merely
a
blessing,
the
presence of the requirements of
the law constitutive of marriage
ceremony
qualified
this
blessing
into
marriage
ceremony as contemplated by
Art. 3 (3) of Family Code and Art.
352, RPC, as amended.
Undoubtedly,
the
petitioner
conducted
the
marriage
ceremony
despite
knowledge
that the essential and formal

Marieta de Castro
vs.
People
of
the
Philippines

ESTAFA; Penalty for

Complex
Crime
(Article 48, RPC)

Edgar Esqueda
vs.
People
of
the
Philippines(2009)

De Castro is a BPI bank

teller was charged with 4
counts of Estafa through
Falsification
of
a
commercial
document.
She took advantage of
the bank depositors who
had trusted in her , to
leave the passbooks with
her upon her instruction.
Without their knowledge
she filled out withdrawal
slips that she signed and
misrepresented by her
fellow bank employees.

WON the crimes

constitute
complex crimes

Edgar Esqueda and one

John Doe were charged
with
2
counts
of
Frustrated Murder in 2
separated
amended

WON Treachery
was
present
notwithstanding
the
warning
made

requirements of the marriage set

by law were lacking. Marriage
ceremony was illegal.
Such offenses were complex
crimes, because Estafa would not
have been consummated without
falsification of withdrawal slips.
In
four
criminal
cases
the
falsification
of
commercial
documents is punished with
priccion
correctional
in
its
medium and maximum periods.
In contrast, Estafa is punished
according
to
value
of
defraudation.
Note:
The court should prescribe the
correct penalties in complex
crimes in strict observance of
Art.
48.
In
Estafa
through
Falsification of Documents, the
court should impose penalty for
graver
offense
in
maximum
period. Otherwise the penalty
prescribed is invalid and will not
attain finality.
YES. There is treachery when the
following elements are present:
(a)At the time of the attack,
the victim was not in a
position to defend himself;

Treachery as element
to qualify the crime
(Alevosia)

informations. After trial,

trial court found that
petitioner only committed
frustrated
homicide;
treachery being absent.
According to Trial Court:
Venencia
was
already
aware of what would
happen
to
Gaudencio
because
she
shouted,
watch
out,
Dong!
before
Gaudencio
was
stabbed.

(b)The accused consciously

and deliberately adopted
the
particular
means,
methods or forms of attack
employed by him.
In the present case, treachery in
the commission of the crime was
proven by the prosecution. When
Gaudencio opened the door and
went outside, Venencia tailed
him. There they found two
persons at the porch, one sitting
at the other standing. Without
warning, the unidentified man
stood and stabbed Gaudencio in
the chest. Upon seeing this,
Vennecia
should
watch
out,
Dong! She turned her back, but
was stabbed by petitioner and
fell on the ground.
The method of attack adopted by
the petitioner placed Venencia in
a situation where it would be
impossible for her to resist the
attack or defend her person.
*The essence of treachery is the
sudden and unexpected attack
by
an
aggressor
on
the
unsuspecting victim, depriving

Atillano Nollora, Jr.

vs.
People
of
the
Philippines(2011)

Bigamy,
Elements;
Sharia Courts

Atillano Nollora, Jr. was

charged of Bigamy for
contracting
second
marriage with Geraldino
while his first marriage to
Jesusa Nollora. Accused
admitted
having
contracted two marriages
but however claimed that
he was Muslim convert
even before he contracted
first marriage.

WON accused is
guilty of Bigamy.

the latter of any chance to

defend
himself
and
thereby
ensuring its commission without
of himself.
YES. The principle in Islam that
monogamy is the general rule
and polygamy is allowed only to
meet urgent needs. Only with the
permission of the court can a
Muslim be permitted to have
second wife.
Accused, in marrying Geraldino,
did not comply with the above
requirement. In an apparent
attempt
to
escape
criminal
liability,
the
accused
recelebrated their marriage in
accordance with Muslim rites.
However, this can no longer cure
criminal liability that has already
been violated.
Trial Court: There are only 2
exceptions to prosecution for
Bigamy:
1. Art. 417 0f the Family Code
2. Art. 1808 of Code of Muslim
Personal laws
Elements of BIGAMY:
a. That the offender has been
legally married;
b. That the marriage has not
been legally dissolved or in

case his or her spouse is

absent, the absent spouse
could not yet be presumed
dead according to civil
code;
c. That he contracts a second
subsequent marriage; and
d. That
the
second
or
subsequent marriage has
all essential requisites for
validity.

PP v Bernabe Cruz
(2014)
Rape/Attempted
Rape
vs Acts
of

Cruz is the step father of

13 yr. old victim. On
Decemer 2003, when the
minor was asleep, the

WON the crime

committed was
rape, attempted
rape or acts of

Note:
In Sharia law, having plurality of
wives is merely tolerated, not
encouraged,
under
certain
circumstances.
Any
Muslim
husband desiring to contract
subsequent
marriage,
before
doing so, shall notify Shairia
court of the place where his
family resides. The clerk shall
serve
notice
to
wives/wife,
should any one objects an Agama
Arbitration
Council
shall
be
constituted. If council fails to
secure
consent,
court
shall
decide WON to sustain objection.
On Dec 2003 incident, the
elements
for
acts
of
lasciviousness were sufficiently
established during trial. Thus,

Lasciviousness

naked
Cruz
undressed
her, sucked her breast
and inserted his penis
into her anus. On Feb
2004, Cruz again did the
same act but this time it
was his finger which was
inserted at the victims
vagina. On March 2004,
Cruz was caught in the
act
upon
lifting
the
victims skirt when she
was asleep of which the
mother caused the filing
of case of rape and
attempted rape against
Cruz.

lasciviousness

even though the crime charged

was for rape through carnal
knowledge, he can be convicted
of
the
crime
of
acts
of
lasciviousness without violating
any of his constitutional rights
because the said crime as proven
in court is included in the crime
charged which is rape.
Sec 4 of Rules on CrimPro, when
there is variance between the
offense charged and the offense
proved, the accused shall be
convicted on the offense proved.
On feb 2004 the same crime of
acts of lasciviousness is also
imposed. The accsused therefore
committed two counts of acts of
lasciviousness.
Note:
Elements
of
Acts
of
lasciviousness
1. The offender commits any
acts of lasciviousness;
2. Act is done through
a. force;
b. intimidation;
c. offended
party
is
deprived of reason; and
d. offended party is under
12 yrs old
3. Offended party is another

Pp vs Conrado Ramin
Special
Complex
Crime:
Rape
with
Homicide

Artillero vs Casimiro
(2012)
Posession
of
Firearms in relation
to
authority
of
Barangay
Captains
under LGC

Private
petitioner
and
Jennifer were walking in
the
rice
fields
when
appellant, with an ice pick
and a lead pipe forcibly
brought them to grassy
area. Upon crying for
help, Jennifer was hit by
the appellant in the head
by a lead pipe and
stabbed her several times
which caused her death.
The
private
petitioner
was also hit on the head
and stabbed on the face
once but the appellant
raped her.

WON the crimes

committed was
separate
crime
of murder and
rape

Artillero
arrested
Aguillon, Brgy Captain of
Ajuy Iloilo, for illegal
possession of M16 rifle
with live ammunitions.
Aguillon
was
albe
to
present license card but
failed to present permit
to carry

WON Brgy Capt

Aguillon
was
guilty of illegal
possession

person of either sex.

The crime committed is a special
complex crime(SCC) of rape and
homicide.
In SCC, the prosecution must
prove each of the component
offenses with the same precision.
In this case, the prosec was able
to prove both rape of AAA and
killing of Jennifer. Thus, he is
liable for rape with homicide.
The term homicide is to be
understood in its generic sense
and includes murder and light
physical injuries committed in
the occasion of rape.
Pp vs Macabales, treachery is to
be
considered
as
generic
aggravating only.
No. the authority of the punong
barangay
to
possess
the
necessary firearm within the
territorial
jurisdiction
is
necessary to enforce their duty
to maintain peace and order
within the Barangay.
Even though Aguillon did not
possess a PTCFOR, he had the
legal authority to carry his
firearm outside his residence, as
required
by
P.D.
1866
as
amended by R.A. 8294.

Corpus vs People of
the Philippines(2014)
Estafa

Miranda
(2012)
Qualified
Penalty

vs

People

Theft;

Tangcoy had some pieces

of jewelry to be sold by
the petitioner Corpuz on a
commission basis. They
agree
to
return
the
proceeds of the sale or
return
the
jewelry
if
unsold after 60 days.
After the lapse of 60 days
no proceeds have been
remitted and no jewelries
have been returned. Upon
demand, Corpuz promised
to pay the total value but
the
same
was
not
fulfilled.
Miranda
was
the
accounting clerk of the
Video
City
who
was
tasked t disburse checks
for accounts she handled
for the period covering
April 28, 1998 to March 2,
2002. Due to constant
absence by the owner in
the country, Miranda took
advantage and encashed

WON Estafa was

committed

WON
Qualified
theft
was
committed

This authority was granted to

him by Section 389 (b) of the LGC
of 1991, which specifically carved
out an exception to P.D. 1866.
Yes. All elements for estafa with
abuse of confidence are present.
a. Money, goods or personal
property is received by the
offender in trust or on
commission and has duty to
return the proceeds/ thing;
b. That
there
e
misappropriation;
c. That such misappropriation
is to the prejudice of the
other;
d. That there is a demand
made by offended to the
offender.
Yes. Theft is consummated when
a person takes the property
owned by another without the
latters permission with intent to
gain without using violence,
intimidation or force.
Theft becomes qualified when it
is committed with grave abuse of
confidence.
Mirandas
actin
suffices the elements oftheft and

42 checks totaling 797,

187. 85 in her personal
benefit.
It was only upon her
resignation
that
the
unauthorized withdrawal
was discovered.

her
grave
abuse
in
the
confidence and trust given to her
by the owner as the bookkeeper
and accountant of the company.
Penalty
Pp vs Mercado on Modification of
penalty provides:
The determination of the penalty
for qualified theft is based on the
value of the property taken.
Since the value exceeds 22k
which is the basic penalty for
Prision Mayor(8 years 8 months
and 1 day) ,to determine the
additional years of imprisonment
to be added to the basic penalty,
this formula is applied:
Total Value ---------797,187.85
Less
Basic penalty amt.
----22,000
Basis for addtl yrs
775,187.85
Divide
by
Constant
value
10, 000
--------------------------------------Equals:
No.
of
addtl
yrs
77 years

The77 years should be added to

basic penalty. Since the crime
committed is qualified theft, 2
degrees
higher,
Reclusion
perpetua should be imposed.