crim 2 digests title 1-7

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TITLE ONE: Crimes Against National Security and the Law of Nations People vs. Lol-lo (43 Phil 19, February 27, 1922) 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. After a number of days of navigation, the second boat arrived between the Islands of Buang and Bukid. There the boats were surrounded by six vintas manned by 24 armed Moros. They attacked some of the men and violated the women. They then placed two of the women to be submerged when they arrived at Maruro. The two women were able to escape. Lol-lo and Saraw, two of the Moros returned to Tawi-tawi, Sulu, Philippine Islands. They were arrested and were charged with the crime of Piracy. Issue: Whether or Not defendants are guilty of the crime of Piracy. Held: Yes. The crime is punished under Art. 122 and 123 of the Revised Penal Code. Piracy are in law hostes humani generis. Piracy is a crime not against any particular state but against all of mankind. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. The jurisdiction of piracy has no territorial limits. People vs. Roger Tulin (364 SCRA 10, August 30, 2001) Facts: On March21, 1991, “M/T Tabangao” loaded with kerosene, gasoline and diesel was sailing off the coast of Mindoro near Silonay Island. The vessel was suddenly boarded by the defendants, 7 armed pirates. They detained the crew and took control of the vessel and painted it with “Galilee”, registered at San Lorenzo, Honduras. The crew was forced to sail to Singapore, sending misleading radio messages to PNDC. PNDC, after losing the radio contact with the vessel, reported the disappearance to the Philippine Coast Guard with the assistance of the Air Force and Navy, but the search rescue yielded negative results. The vessel arrived in the vicinity of Singapore while waiting

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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.