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    Criminal Cases - Part 3

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    LAW10101
    The defendant Magdalena Caliso is found guilty of murdering Emilio Esmeralda's 9-month old son. The prosecution argues the aggravating circumstance of grave abuse of confidence is present given Caliso was a domestic servant of the family. The court agrees, finding Caliso was motivated by revenge rather than a sudden outburst, and was not provoked by the victim. In a separate case, the court does not find grave abuse of confidence for defendants accused of kidnapping and killing Henry Chua. While with Chua on the night of his death, there was no special relationship of trust between them, merely an overdue debt, and Chua did not fear the defendant. Confidence did not facilitate

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    Criminal Cases - Part 3

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    LAW10101
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    The defendant Magdalena Caliso is found guilty of murdering Emilio Esmeralda's 9-month old son. The prosecution argues the aggravating circumstance of grave abuse of confidence is present given Caliso was a domestic servant of the family. The court agrees, finding Caliso was motivated by revenge rather than a sudden outburst, and was not provoked by the victim. In a separate case, the court does not find grave abuse of confidence for defendants accused of kidnapping and killing Henry Chua. While with Chua on the night of his death, there was no special relationship of trust between them, merely an overdue debt, and Chua did not fear the defendant. Confidence did not facilitate

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    The defendant Magdalena Caliso is found guilty of murdering Emilio Esmeralda's 9-month old son. The prosecution argues the aggravating circumstance of grave abuse of confidence is present given Caliso was a domestic servant of the family. The court agrees, finding Caliso was motivated by revenge rather than a sudden outburst, and was not provoked by the victim. In a separate case, the court does not find grave abuse of confidence for defendants accused of kidnapping and killing Henry Chua. While with Chua on the night of his death, there was no special relationship of trust between them, merely an overdue debt, and Chua did not fear the defendant. Confidence did not facilitate

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    58 views2 pages

    Criminal Cases - Part 3

    Uploaded by

    LAW10101
    The defendant Magdalena Caliso is found guilty of murdering Emilio Esmeralda's 9-month old son. The prosecution argues the aggravating circumstance of grave abuse of confidence is present given Caliso was a domestic servant of the family. The court agrees, finding Caliso was motivated by revenge rather than a sudden outburst, and was not provoked by the victim. In a separate case, the court does not find grave abuse of confidence for defendants accused of kidnapping and killing Henry Chua. While with Chua on the night of his death, there was no special relationship of trust between them, merely an overdue debt, and Chua did not fear the defendant. Confidence did not facilitate

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    of 2

    Aggravating: Abuse of Confidence rebuked by her mistress.

    The defendant Magdalena


    PEOPLE VS. MAGDALENA CALISO Caliso is therefore found guilty of the crime of murder,
    58 Phil. 283 01 JUL 1933
    ISSUE: Whether or not the aggravating circumstance of
    FACTS: On the afternoon of February 8, 1932, while the grave abuse of confidence is present in the case.
    spouses Emilio Esmeralda and Flora Gonzalez were
    sleeping taking a nap, suddenly Ms. de Esmeralda RULING: Yes. Grave abuse of confidence was present
    suddenly awoke because I heard a cry acute son of since appellant was a domestic servant of the family. It
    Emilio Esmeralda, 9 months old, who was sleeping in a is inherent in the offense of murder by means of
    bed opposite the place where she was sleeping with her poisoning. In poisoning the child, it was actuated more
    husband. When Ms. de Esmeralda arrived, followed by by a spirit of lawlessness and revenge than any sudden
    her husband, to the bed where she had left her son boost of natural and uncontrollable fury. It was not
    asleep, when she lifted the mosquito net from the bed, provoked by prior unjust or improper acts of the victim
    she immediately perceived a strong odor of acetic acid or his parents.
    and found her son, who was still crying heavily, with
    white eyes, swollen and whitish lips, and a bruised face, PEOPLE v. BENJAMIN ONG Y KHO
    and when he perceived the smell of acetic acid in the GR No. L-34497, Jan 30, 1975
    child's breath. Then she shouted asking who had put 159 Phil. 212 | 62 SCRA 174
    acetic acid in the mouth of her son, and since she is a FERNANDEZ, J.
    pharmacist by profession, she immediately agreed on
    an antidote that could neutralize the effects of acetic FACTS: On or about April 23 to April 24, 1971, in the
    acid and she herself lime water and wetting a municipality of Parañaque, province of Rizal, the
    hydrophilic cotton, cleaned the boy's mouth, and at the accused (1) Benjamin Ong y Kho, (2) Bienvenido Quintos
    same time sent his husband to telephone the doctor. y Sumaljag, (3) Fernando Tan, alias, "Oscar Tan," and (4)
    After some time, they arrived, from Bacolod, Baldomero Ambrosio alias "Val”, being then private
    Drs. Orosa and Ochoa, who by telephone had also been individuals, conspiring and confederating together and
    called by the victim's father. Dr. Orosa is the chief mutually helping one another did then and there
    physician of the Provincial Hospital of this province, and wilfully, unlawfully and with treachery and known
    Dr. Ochoa is one of the doctors residing in that hospital, premeditation and for the purpose of killing one Henry
    a specialist in diseases of the five senses. Both doctors Chua and thereafter extorting money from his family
    stated positively that they had perceived the odor of through the use of a ransom note, kidnap(ped) and
    acetic acid in the child's breathing, and having carry(ied) away said Henry Chua, initially by means of a
    concluded that the boy had become acetic acid, applied friendly gesture and later through the use of force, in an
    the cure to remove that substance from the child's automobile, and later after having taken him to an
    body, and after making the first cures, took the child to uninhabited place in Caloocan City, with the use of force
    the provincial hospital and died there a few minutes detained him (Henry Chua) and killed) him in the
    after arriving. following manner to wit: The accused after gagging and
    A few hours before the event, the accused – tying up Henry Chua and repeatedly threatening him
    Magdalena Caliso, being a house maid to the the with death, assured him that if he would write and sign
    Esmeralda, was the only one in the house who had a ransom note for the payment by his family of the sum
    received insults from the child's mother. None had any of $50,000.00 (US), he would not be killed and would be
    reason for resentment toward any of the deceased's released upon receipt of the ransom money, but after
    family members other than the accused. The said Henry Chua agreed and did execute such a ransom
    prosecution found circumstantial evidences that are note, he was again gagged and tied up by the accused,
    made towards her accusation. She herself admitted and thereafter stabbed in the abdominal region, several
    during her testimony that on that day she had been times with an icepick, inflicting upon him (Henry Chua)
    mortal wounds on his vital organs, which directly
    caused his death.

    ISSUE: Whether or not the aggravating circumstance of


    grave abuse of confidence is present in the case.

    RULING: No. In order for the aggravating circumstance


    of abuse of confidence to obtain, it is necessary that
    there be a relation of trust and confidence between the
    accused and the one against whom the crime was
    committed, and that the accused made use of such
    relation to commit the crime,[59] It is essential too that
    the confidence be a means of facilitating the
    commission of the crime, the culprit taking advantage of
    the offended party's belief that the former would not
    abuse said confidence.[60]

    Nowhere in the records does it appear that Henry Chua


    reposed confidence upon the person of Benjamin Ong.
    If any, Henry Chua was simply not afraid of Benjamin
    Ong, having told and bragged to the latter about his
    violent exploits in the past and threatened him with
    bodily harm in case of failure to pay.[61] He knew that
    he was far stronger than Benjamin Ong in terms of
    influence and money. He thought that Benjamin Ong
    would fear him. The fact that Henry Chua invited Ong
    for nightclubbing that fatal evening and accommodated
    him in his car on their way home from the nightclub
    does not mean that Henry Chua had confidence in him.
    There was no special relation of confidence between
    them. He knew that Benjamin owed him a substantial
    amount and that its settlement had long been overdue
    which fact irritated him very much. Benjamin Ong and
    Henry Chua were together that night in the nightclub as
    well as in the car not because of said confidence. It was
    simply because Benjamin Ong had some accounts to
    settle with him.

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