crim 2 digests title 1-7

TITLE ONE: Crimes Against National Security and the Law of NationsPeople s! Lol"lo #$% Phil &'( )e*ruary +,( &'++-Facts:On or about June 30, 1920, two boats left matuta. In one of the boats was an individual on the other are eleven men, women and children. !fter a number of da"s of navi#ation, the second boat arrived between the Islands of $uan# and $u%id. &here the boats were surrounded b" si' vintas manned b" 2( armed )oros. &he" attac%ed some of the men and violated the women. &he" then *laced two of the women to be submer#ed when the" arrived at )aruro. &he two women were able to esca*e.+ol,lo and -araw, two of the )oros returned to &awi,tawi, -ulu, .hili**ine Islands. &he" were arrested and were char#ed with the crime of .irac".Issue:/hether or 0ot defendants are #uilt" of the crime of .irac".1eld:2es. &he crime is *unished under !rt. 122 and 123 of the 3evised .enal 4ode..irac" are in law hostes humani #eneris. .irac" is a crime not a#ainst an" *articular state but a#ainst all of man%ind. It ma" be *unished in the com*etent tribunal of an" countr" where the o5ender ma" be found or into which he ma" be carried. &he 6urisdiction of *irac" has no territorial limits.People s! .oger Tulin #%/$ SC.A &0( August %0( +00&-Facts:On )arch21, 1991, 7)8& &aban#ao9 loaded with %erosene, #asoline and dieselwas sailin# o5 the coast of )indoro near -ilona" Island. &he vessel was suddenl" boarded b" the defendants, : armed *irates. &he" detained the crew and too% control of the vessel and *ainted it with 7;alilee9, re#istered at -an +oren of the 3evised .enal 4ode *rovides that cons*irac" e'ists when two or more *ersons come to an a#reement concernin# the commission of a felon" and decide to commit it. &o be a cons*irator, one need not *artici*ate in ever" detail of e'ecution he need not even ta%e *art in ever" act or need not %now the e'act *art to be *erformed b" the others in the e'ecution of thecons*irac".!rt. 123 of the 3.4 *rovides for the reBuisites of @ualiAed .irac" @ualiAed .irac" e'ists if an" of the followin# circumstances is *resent:1. /henever the o5enders have sei1, she was dia#nosed to have su5ered incom*lete abortion.Issue:/hether or not *etitioner can be convicted of sli#ht *h"sical in6uries under the information char#in# her for direct assault with unintentional abortion. E3&4F1eld:0o. &he *etitioner is #uilt" of =irect !ssault under the second mode E!rt. 1(>F.Dlements:aF &hat the o5ender E1F ma%es an attac%, E2F em*lo"s force, E3F ma%es a serious intimidation, or E(F ma%es a serious resistancebF &hat the *erson assaulted is a *erson in authorit" or his a#ent.cF &hat at the time of the assault the *erson in authorit" or his a#ent a. Is en#a#ed in the actual *erformance of oIcial dutiesb. 1e is assaulted b" reason of *ast *erformance of dutiesdF &hat the o5ender %nows that the one he is assaultin# is a *erson in authorit" or his a#ent in the e'ercise of his duties.eF &here is no *ublic u*risin# !rt 1G2 M .ersons in authorit" and a#ents of *ersons in authorit" 0o evidence that the sla**in# is the *ro'imate cause of the unintentional abortion .etitioner is convicted of the crime =irect !ssault.iera s! People #$/+ SC.A %20( 6une %0( +002-Facts:On )arch 20, 1993, .olice Ins*ector Ddward +e"#o and -.O1 Jose*h $asBuial were conductin# routine *atrol on board a *olice car when the" came u*on a truc% unloadin# sac%s of chic%en dun# at the stall of the accused 3ivera at 1alsema 1i#hwa", -hilan +a &rinidad, $en#uet. Ins*ector +e"#o advised the driver for violation of Ordinance 0o. I,91 which the driver com*lied with the directive. &he *olicemen escorted the truc% bac% to .oblacion, +a &rinidad, $en#uet. 0ot lon# after, another 2 *olicemen sto**ed the same truc% at 4ru of the 3.4. /ell,settled rule that the testimon" of a sin#le witness, if strai#htforward and cate#orical is suIcient to convict. !##ravated when: EaF the assault is committed with a wea*on EbF when the o5ender is a *ublic oIcer or em*lo"ee EcF when the o5ender la"s hand u*on *ersons in authorit".People s! A*alos #+21 SC.A 2+%( 6uly '( &''/-Facts:On )arch 20, 19>3, durin# a baran#a" Aesta .olice )a6or 4ecilia !balos and the defendant &iburcio !balos, his son had a heated ar#ument.&he victim, .fc. -ofronio +abine arrived at the scene to sto* the A#ht. 1e was struc% in the head with a *iece of wood b" the defendant. 1e immediatel" Ped from the scene.Issue:/hether or not the defendant is #uilt" of com*le' crime of =irect !ssault with)urder.1eld:2es. 1e is #uilt" of the second mode of !rt. 1(> of the 3.4. !ll of the elements of =irect !ssault were *resent in this case./hen the assault results in the %illin# of that a#ent or of a *erson in authorit", there arises the com*le' crime of =irect !ssault with )urder or 1omicide.&he %illin# inthe instant case constituted the felon" of murder BualiAed b" alevosia throu#h treacherous means. .fc. +abine was struc% from behind.+abine was a dul" a**ointed member of I0. in 4atbalo#an, -amar and thus, was an a#ent of a *erson in authorit" *ursuant to !rt. 1G2 of the 3.4. 1e was also in the actual *erformance of his duties when assaulted b" defendant, and was wearin# his uniform. People s! 4ural #++% SC.A 2+%( 6une 1( &''%-Facts:On Januar" 31, 19>>, at around 12:00 *m, *rosecution witnesses were at the )acanenen# -t. $a#on# $arrio, 4aloocan 4it" when the" heard successive #unshotsand hid themselves in a concrete fence. !t a distance, the" saw 3 armed men Arin# u*on 2 4a*com -oldiers. &he" also noticed 2 other men at the scene, one was accused $ernardo Itucal who was left to ta%e care of the scene. &he witness then went to 4a*com headBuarters for their testimon".Issue:1. /hether or not the accused E=uralF is #uilt" of the com*le' crime )urder with =irect !ssault2. /hether or not the accused EItucalF is liable for cons*irac"1eld:1. 2es. /itnesses clearl" identiAed him as one of the #unmen. =ural and the 2 #unmen %new that the victims, &8-#t. 4arlos .abon and 4I4 3enato )an#lin#ot, were members of the .hil. 4onstabular" detailed with the 4a*com as the" were in uniform and ridin# an oIcial 4a*com car. &he victims were a#ents of *ersons in authorit" and were in the *erformance of oIcial dut" as *eace oIcers and law enforcers. =ural committed =irect !ssault under !rt. 1(> of the 3.4. For %illin# the victims, he is found #uilt" of two counts of com*le' crimes of murder with =irect !ssault.2. 0o. Itucal did not *ossess an" wea*on and that he arrived at the scene of thecrime when the assailants left.TITLE )O;.: Crimes Against Pu*lic InterestTecson s! CA #%,0 SC.A &1&( Noem*er ++( +00&-Facts:! civilian informer notiAed the 4ash =e*artment of the 4entral $an% of the .hili**ines that a certain )an# !nd" was involved in a s"ndicate en#a#ed in the business of counterfeit C- =ollar 0otes.On !*ril 2H, 1990, a test,bu" o*eration was ordered which resulted in the *urchase of one counterfeit C- dollar note for the *rice of .200.!tt". .io 4han Jr., 4hief of Investi#ation -ta5 of 4$. formed ateam to conduct a bu",bust o*eration. On !*ril 2>, the o*eration was held at Jollibee -ta. 4ru;LA4OsPeople#$1& SC.A 2/' 7!.! No! &20'&0 )e*ruary /( +00/-Facts:On Januar" 11, 19:>, Cl"sses JillaPor, member of $acolod 4it" .olice OIce married !nita )anlan#it. &he" sta"ed at Cl"ses?s mother?s home. Cl"ses was then assi#ned to .a#adian 4it" while his wife moved to -amar. 1e was then re,assi#ned to $acolod 4it" where he bou#ht a house and had a mistress3osemarie ;elo#o. 1etransformed the small house to a 2,store" structure. Cl"ses died and ;elo#o sold the house to *etitioner, who introduced to his relative, s*ouses 4anlas who bou#ht the house.On Januar" 20, 1993, ;elo#oand ;re# 4anlas e'ecuted a deed of sale, as witnessed b" *etitioner. !nita )anlan#it then Aled char#in# 3osemarie ;elo#o, ;on:3)!341 19, 2010F!4&-:On Januar" 2, 2003, *rosecution witness .O1 Dduardo 3o" was on dut" when he made the *re,o*eration re*ort on the bu",bust o*eration to be conducted. 1e then *roceeded to Jollibee 0r#". -an Jicente, @ue>,2GHOctober 11, 1990F!4&-:On -e*tember 12, 19>>, the court issueda writ of e'ecution on a civil case. .etitioner, her husband and ounsel as%ed the res*ondent =e*ut"-heri5 Dd#ardo 0uestro to immediatel" enforce the writ and the" a#reed to #ive .1,000 to the res*ondent aside from e'*enses on the ne't da", the res*ondent as%ed for an additional amount of .G00.00. 1e went to the *ro*ert" and bro%e the *adloc%. &he counsel for defendent arrived with the recei*t of *a"ment of the su*erseades bond to sus*end the e'ecution of the writ.I--CD:/hether or not the res*ondent is #uilt" of the crime of direct briber".1D+=:2es.!ll the elements *rovided in !rt. 210 of the 3F4 are *resent. &he fee is received was distinct fromthe sheri5?s fee and e'*enses for e'ecution and is not intended for that *ur*ose..O=E.TO C8AN79S! PEOPLE(9H -43! 321 ;3 0o. 1HG111Jul" 21, 200HF!4&-:)a%ati &reasurer?s oIce e'aminers Jivian 2u and +enila !H -43! G(G ;3 0o. 1(H21: !*ril :, 200HF!4&-:In 199G, the oIce of the -*ecial .rosecutor char#ed *etitioner, then incumbent ma"or of $unawan, !#usan =el -ur, and his dau#hter, in the -andi#anba"an with falsiAcation of .ublic =ocuments under !rt. 1:1 of the 3F4. &heaccfused falsiAed 3 vouchers, ma%in# it a**ear that .30,000 oflumber was bou#ht from Dsti#o" +umber and not from 3owena /oodcraft, a sin#le *ro*rietorshi* ownedb" the dau#hter 3owena $ustillo.I--CD:/hether or not *etitioner?s sus*ension from oIce *endent lite Ands basis in sec. 13 of 3! 3019.1D+=:2es. -ec. 13 of 3! 3019 *rovides:-us*ension and loss of beneAts M an" incumbent *ublic oIcer a#ainst whom an" criminal *rosecution under a valid information under this act or under &itle I, $oo% II of the 3F4 or for an" o5ense involvin# fraud u*on #overnment or *ublic funds or*ro*ert", whether as a sim*le or as a com*le' o5ense and it whatever sta#e of e'ecution and mode of *artici*ation, is *endin# in court, shall be sus*ended from oIce. -hould he be convicted b" Anal 6ud#ement, he shall lose all retirement or #ratituit" beneAtsunder an" law, but if he is acBuitted, he shall be entitled to reinstatement and to salaries and beneAts which he failed to receive durin# sus*ension, unless in the meantime administrative *roceedin#s have been Aled a#ainst him.S&he case falls undr &itle ( $oo% II, but it involved fraud u*on #overnment or *ublic funds or *ro*ert". Fraud refers to an instance or an act of tric%er" or deceit es*eciall" when involvin# misinter*rentation.)LO.ANTE SO.I@;E> 9S SAN4I7AN=ABAN(1( -43! 222 ;3 0o. 1G3G2H October 2G, 200GF!4&-:On Februar" 29 to June 1G, 199H *etitioner .ro#ran =irector of )t. .inatubo 3ehabilitation .ro6ect )ana#ement OIce E).3,.)OF alon# with 9 other *ublic oIcials of =./1 consented or *ermitted the contractor, atlantic erectons Inc. &o deviate from the *lans and s*eciAcations of a contract in constructin# the &ransverse section of the .asi#,.otrero 3iver =i%in# -"stem E)e#adi%eF in violation of the material *rovision of said contract and allowed to called .3>,2>9,:0>.H1 and which breach of contract causin# *re6udice and dama#e to the #overnment.I--CD:/hether or not is #uilt" of violation of sec. 3EeF of 3! 301H1D+=:2es. !ll the elements *rovided in -ec. 3EeF of 3! 301H are *resent-ec. 3 4orru*t *ractices of *ublic oIcers M in addition to acts or omissions of *ublic oIcers alread" *enali0 *rovides for the elements of the crime:1F &hat the o5ender is a *ublic oIcer who acts b" himself or in connivance with members of the famil", relatives b" aInit" or consan#uinit", business associates subordinates or other *ersons.2F &hat he amassed, accumulated or acBuired ill,#otten wealth throu#h a combination or series of the followin# overt or criminal acts described in-ec.1EdF of 3! :0>0 as amended3F &hat the a##ra#ate amouth or total value of the ill,#otten wealth amassed, accumulated or acBuired is at least .G0,000,000.00-ection 1EdF reads:Ill,#otten wealth means an" assets, *ro*ert", business enter*rise or material *ossession of an" *erson within the *urview of -ec 2 hereof, acBuired b" him directl" or indirectl" throu#h dummies, nominies, a#ents, subordinates and8or business associates b" an" combination or series of the followin# means or similar schemes:1F &hrou#h misa**ro*riation, conversion, misuse or malversation of *ublic fundsor raids on the *ublic treasur".2F $" receivin# directl" or indirectl", an" commission, #ifts, shares *ercenta#e, %ic%bac%s or an" form of *ecuniar" beneAt from an" *erson and8or entit" in connection with an" #overnment contract or *ro6ect or b" reason of the oIceor *osition3F $" the ille#al or fraudulent conve"ance or dis*osition of assetsbelon#in# to the 0ational ;overnment or an" of its subdivision, a#encies or instrumentalities or ;O44s(F $" obtainin# receivin# or acce*tin# directl" or indirectl" an" shares of stoc% eBuit" or an" other form of interest or *artici*ation includin# *romises of future em*lo"ment in an" business enter*rise or underta%in#.GF $" establishin# a#ricultural industrial or commercial mono*olies or other combinations and8or im*lementations of decrees and orders intended to beneAt *articular *erson or s*ecial interests orHF $" ta%in# undue advanta#e of oIcial *osition, authorit", relationshi*, connection or inPuence to un6ustif" enrich himself or themselves at the e'*ense and dama#e and *re6udice of the Fili*ino and the .hili**ines. !ll the elements were *resent: E1F 3es*ondent was then the .resident E2F he acted in connivance with the ;overnor 4havit -in#son and other *ersons in amassin#, accumulatin# and acBuirin# ill,#otten wealth as follows: aFreceivin# bi,mothl" collections from 6ueten# and EbF orderin# the ;-I- and --- to *urchase shares of stoc% of the $elle 4or*oration9IOLETA =A8ILI4A4 9S! PEOPLE;.3 0o. 1>G19G )!341 1:,2010F!4&-: .etitioner with di5erent*ublic oIcials of saran##ani *rovince cons*ired&o#ether in a scheme of #ivin# Fictitious #rants and donations usin# funcisof the *rovincial #overnment. ! s*ecial audit was conducted and found thatalmost 10) of #overnment funds were ille#all" used.

! com*laint was Aled b" a concerned citi>OSCA. PA.;N7AO9S!SAN4I7AN=ABAN;.3 0o.9H02G )!2 1G, 1991F!4&-: &he *rovince of *am*an#a recievs an annual 43$I E4onstruction 3ehabilitation, $ettement and In*rovementF Fund. In 19>0, $r#" ,Jalun# recieve the amount of .1(>G,2G0.00 !nd was released to the *rovincial teasurer Oscar .arun#ao where the *ro6ect is to be im*lemented. 1owever,the fund was use to defra" the labor *a"rolls of the di5erent baran#a"s of *orac.I--CD: /hether or not the *etitioner is #uilt" of the crime ille#a se of *ublic funds.1D+=: 0o. Dlements 3 and ( as *rovide b" the !3&.220 ofthe 3.4 are absent. $asedon the testimon" *rosecution witness +acsamana, the 43$I fund Is a #eneral fund. &he internal a#reement between the =./1 and the $aran#a" 4a*tain was not *rovided for b" law or ordinance.