Escolar Documentos
Profissional Documentos
Cultura Documentos
LISTENING TO CONVERSATION
IN EXTENSION LINE OF TELEPHONE
IS NOT WIRE-TAPPING
An extension telephone cannot be placed in the same
category as a dictaphone, dictagraph or the other devices
enumerated in Section 1 of RA 4200 as the use thereof
cannot be considered as tapping the wire or cable of a
telephone line. The telephone extension in this case was not
installed for that purpose. It just happened to be there for
ordinary office use. It is a rule in statutory construction that in
order to determine the true intent of the legislature, the
particular clauses and phrases of the statute should not be
taken as detached and isolated expressions, but the whole
and every part thereof must be considered in fixing the
meaning of any of its parts. (66 SCRA 113,120)
RELIGIOUS INSTRUCTION
PD 1210
ARTICLE 191 OF PD 603 IS HEREBY
AMENDED TO READ AS FOLLOWS
"Article 101. Care of Youthful Offender Held for Examination
or Trial. - A youthful offender held for physical and mental
examination or trial or pending appeal, if unable to furnish
bail, shall from the time of his arrest be committed to the care
of the Dept. of Social Services and Development or the local
rehabilitation center or a detention home in the province or
city which shall be responsible for his appearance in court
whenever required: Provided, that in the absence of any such
center or agency within a reasonable distance from the venue
of the trial, the provincial, city and municipal jail shall provide
quarters for youthful offenders separate from other detainees.
The court may, in its discretion upon recommendation of the
Department of Social Services & Development or other
agency or agencies authorized by the Court, release a
youthful offender on recognizance, to the custody of his
parents or other suitable person who shall be responsible for
his appearance whenever required. However, in the case of
those whose cases fall under the exclusive jurisdiction of the
Military Tribunals, they may be committed at any military
PD 1210
ARTICLE 192 OF PD 603 AS AMENDED IS FURTHER
AMENDED TO READ AS FOLLOWS:
"Art. 192. Suspension of sentence and Commitment of
Youthful Offender. - If after hearing the evidence in the proper
proceedings, the court should find that the youthful offender
has committed the acts charged against him, the court, shall
determine the imposable penalty, including any civil liability
chargeable against him. However, instead of pronouncing
judgment of conviction, the court upon application of the
youthful offender and if it finds that the best interest of the
public as well as that of the offender will be served thereby,
may suspend all further proceedings and commit such minor
to the custody or care of the Department of Social Services
and Development or to any training institution operated by the
government or any other responsible person until he shall
have reached twenty one years of age, or for a shorter period
as the court may deem proper, after considering the reports
and recommendations of the Department of Social Services
and Development or the government training institution or
responsible person under whose care he has been
committed.
Upon receipt of the application of the youthful offender for
suspension of his sentence, the court may require the
Department of Social Services and Development to prepare
and submit to the court a social case study report over the
offender and his family.
The Youthful offender shall be subject to visitation and
supervision by a representative of the Department of Social
Services & Development or government training institution as
the court may designate subject to such conditions as it may
prescribe.
The benefits of this article shall not apply to a youthful
offender who has once enjoyed suspension of sentence
under its provisions or to one who is convicted of an offense
punishable by death or life imprisonment or to one who is
convicted for an offense by the Military Tribunals.
PD 1179
APPEAL
The order of the court denying an application for suspension
of sentence under the provisions of Article 192 above shall
not be appealable."
RA 7610
CHILD ABUSE LAW
ATTEMPT TO COMMIT
CHILD PROSTITUTION
There is an attempt to commit child prostitution under Section
5, paragraph (a) hereof when any person who, not being a
relative of a child, is found alone with the said child inside the
room or cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other similar establishments, vessel,
vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution
and other sexual abuse.
CHILD TRAFFICKING
ATTEMPT TO COMMIT
CHILD TRAFFICKING
There is an attempt to commit child trafficking under Section 7
of this Act:
(a) When a child travels alone to a foreign country without
valid reason therefor and without clearance issued by the
Department of Social Welfare and Development or written
permit or justification from the child's parents or legal
guardian;
(b) When a person, agency, establishment or child-caring
institution recruits women or couples to bear a children for the
purpose of child trafficking; or
OBSCENE PUBLICATIONS
AND INDECENT SHOWS
Any person who shall hire, employ, use, persuade, induce or
coerce a child to perform in obscene exhibitions and indecent
shows, whether live or in video, or model in obscene
publications or pornographic materials or to sell or distribute
the said materials shall suffer the penalty of prision mayor in
its medium period.
If the child used as a performer, subject or seller/distributor is
below twelve (12) years of age, the penalty shall be imposed
in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity
with the care of a child who shall cause and/or allow such
child to be employed or to participate in an obscene play,
scene, act, movie or show or in any other acts covered by this
section shall suffer the penalty of prision mayor in its medium
period.
(a) Chi
en shall not be the object of attack and shall
be entitled to special respect. They shall be
protected from any form of threat, assault,
torture or other cruel, inhumane or
degrading treatment;
not be recruited to become
members of the Armed Forces of the
Philippines of its civilian units or other
armed groups, nor be allowed to take part in
the fighting, or used as guides, couriers, or
spies;
(b) Children shall
RA 7658
EMPLOYMENT OF CHILDREN
Children below fifteen (15) years of age shall not be employed
except:
1) When a child works directly under the sole responsibility of
his parents or legal guardian and where only members of the
employer's family are employed: Provided, however, That his
employment neither endangers his life, safety, health and
morals, nor impairs his normal development; Provided,
further, That the parent or legal guardian shall provide the
said minor child with the prescribed primary and/or secondary
education; or
2) Where a child's employment or participation in public
entertainment or information through cinema, theater, radio or
DEFINITIONS OF TERMS
Chemical Diversion the sale, distribution, supply or transport
of legitimately imported, in-transit, manufactured or procured
controlled precursors and essential chemicals, in diluted,
mixtures or in concentrated form, to any person or entity
engaged in the manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud, destruction of
documents, fraudulent use of permits, misdeclaration, use of
front companies or mail fraud.
Controlled Delivery The investigative technique of allowing
an unlawful or suspect consignment of any dangerous drug
and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be
derived directly or indirectly from any offense, to pass into,
through or out of the country under the supervision of any
unauthorized officer, with a view to gathering evidence to
identify any person involved in any dangerous drug related
offense, or to facilitate prosecution of that offense.
Controlled Precursor and Essential Chemicals Includes
those listed in Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex, which is
an integral part of this Act.
Drug Dependence As based on the World Health
Organization definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority
thereby involving, among others, a strong desire or a sense of
compulsion to take the substance and the difficulties in
controlling substance-taking behavior in terms of its onset,
termination, or levels of use.
ACCESORY PENALTIES
Any person convicted under this Law (R.A.9165 ) shall be
disqualified to exercise his/her civil rights such as, but not
AGGRAVATING CIRCUMSTANCES
DRUG RELATED CASES
1.) If the importation or bringing into the Philippines of any
dangerous drugs and/or controlled precursor and essential
chemicals was done through the use of diplomatic passport,
diplomatic facilities or any other means involving his/her
official status intended to facilitate the unlawful entry of the
same
2.) The sale trading, administration, dispensation, delivery,
distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpired within
one hundred (100) meters from the school
3.) The drug pusher use minors or mentally incapacitated
individuals as runners, couriers and messenger, or in any
other capacity directly connected to the dangerous drug
and/or controlled precursor and essential chemical trade.
4.) The victim of the offense is a minor or mentally
incapacitated individual, or should a dangerous drug and/or
controlled precursor and essential chemicals involved `in any
offense be the proximate cause of death of a victim.
5.) In case the clandestine laboratory is undertaken or
established under the following circumstances:
a.) Any phase of the manufacturing process was conducted in
the presence or with the help of minor/s
b.) Any phase of manufacturing process was established or
undertaken within one hundred (100) meters of a residential,
business, church or school premises.
c.) Any clandestine laboratory was secured or protected with
booby traps.
d.) Any clandestine laboratory was concealed with legitimate
business operations.
e.) Any employment of a practitioner, chemical engineer,
public official or foreigner.
TERMINATION OF THE
GRANT OF IMMUNITY
The immunity above-granted shall not attach should it turn out
subsequently that the information and/or testimony is false,
malicious, or made only for the purpose of harassing,
molesting or in any way prejudicing the persons described in
Section 33 against whom such information or testimony is
directed. In such case, the informant or witness shall be
subject to prosecution and the enjoyment of all rights and
benefits previously accorded him under the Law or any other
law, decree or order shall be deemed terminated.
In case the informant or witness under the Law fails or refuse
to testify without just cause, and when lawfully obliges to do
so, or should he/she violate any condition accompanying such
immunity as provided above, his/her immunity shall be
removed and he/she shall be likewise be subjected to
contempt and/or criminal prosecution, as the case may be
and the enjoyment of all rights and benefits previously
accorded him under the Law or in any other law, decree or
order shall be deemed terminated. (Sec 34.)
In case the informant or witness referred to under the Law
falls under the applicability of Section 34, such individual
cannot avail of the provision under Article VIII of the Law.
B. Composition
Under R.A. 6424 as amended, the Dangerous Drug board
was composed of seven ex officio members as follows: (a)
The Minister of Health or his representative; (b) the Minister of
Justice or his representative; (c) The Minister of National
Defense or his representative; (d) The Minister of Education
and Culture or his representative; (e) The Minister of Finance
or his representative; (f) The Minister of Social Service and
Development or his representative; and (g) The Minister of
Local Government or his representative (Sec. 35 Art. 8, R.A.
6424)
The Minister of Health shall be the Chairman of the Board and
the Director of the National Bureau of Investigation shall be
the permanent consultant of the Board.
Under Section 78 of R.A. 9165, the membership of the
Dangerous Drugs Board was expanded to seventeen (17)
members, three (3) of which are permanent members, twelve
(12) shall be in ex officio capacity, and the remaining two (2)
shall be regular members.
The three (3) permanent members, who shall possess At
least seven-year training andexperience in the field of
dangerous drugs andin any of the following fields: in law,
medicine, criminology, psychology or social work, shall be
appointed by the President of the Philippines. The President
shall designate a Chairman, who shall have the rank of a
secretary from among the three (3) permanent members who
shall serve for six (6) years. Of the two (2) other members,
who shall have the rank of undersecretary, one (1) shall serve
for four (4) and the other for two (2) years. Thereafter, the
person appointed to succeed such members shall hold office
for a term of six (6) years and until their successors shall have
been duly appointed and qualified.
The other twelve (12) members who shall be ex officio
members of the Board are the following: (1) Secretary of the
Department of Justice or his/her representative; (2) Secretary
of the Department of Health or his/her representative; (3)
Secretary of the Department of National Defense or his/her
representative; (4) Secretary of the Department of Finance or
his/her representative; (5) Secretary of the Department of
Labor and Employment or his/her representative; (6)
Secretary of the Department of Interior and Local Government
or his/her representative; (7) Secretary of the Department of
Social Welfare and Development or his/her representative; (8)
Secretary of the Department of Foreign Affairs or his/her
representative; (9) Secretary of the Department of Education
or his/her representative; (10) Chairman of the Commission of
Higher Education or his/her representative; (11) Chairman of
the National Youth Commission; and (12) Director General of
the Philippine Drug Enforcement Agency.
Cabinet secretaries who are members of the Board may
designate their duly authorized and permanent
representatives whose rank shall in no case be lower than
undersecretary.
The two (2) regular members shall be as follows: (a) The
President of the Integrated Bar of the Philippines; and (b) The
chairman or president of a non- chairman or president of a
non- chairman or president of a non-government organization
involved in dangerous drug campaign to be appointed by the
President of the Philippines.
PRELIMINARY INVESTIGATION
OF DANGEROUS DRUG CASES
The preliminary investigation of cases filed under this Act
shall be terminated within the period of thirty (30) days from
the date of their filing
When the preliminary investigation is conducted by a public
prosecutor and probable cause is established, the
corresponding information shall be filed in court within twentyfour (24) hours from the termination of the investigation. If the
preliminary investigation is conducted by a judge and a
probable cause is found to exist, the corresponding
information shall be filed by the proper prosecutor within fortyeight (48) hours from the date of receipt of the records of the
case. (Sec. 90)
The Department of Justice shall designate special
prosecutors to exclusively handle cases involving violations of
the Dangerous Drug Act of 2002 (Sec. 90)
Notwithstanding the provision of any law to the contrary, a
positive finding for the use of dangerous drugs shall be a
qualifying aggravating circumstance in the commission of a
crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be applicable
(Sec. 25)
Confiscation and Forfeiture of the Proceeds or Instruments of
the Unlawful Act, including the Properties or Proceeds
Derived from the Illegal Trafficking of Dangerous Drugs and/or
Precursors and Essential Chemicals
Every penalty imposed for the unlawful importation, sale,
trading, administration, dispensation, delivery, distribution,
transportation or manufacture of any dangerous drug and/or
controlled precursor and essential chemical, the cultivation or
culture of plants which are sources of dangerous drugs, and
the possession of any equipment, instrument, apparatus and
other paraphernalia for dangerous drugs including other
a qualitative examination;
3. A certification of the forensic laboratory examination results,
which shall be under oath by the forensic laboratory examiner,
shall be issued within twenty-four (24) hours after the receipt
of the subject items/s: Provided, that when the volume of
dangerous drugs, and controlled precursors and essential
chemicals does not allow the completion of testing within the
time frame, a partial laboratory examination report shall be
provisionally by the forensic laboratory: Provided, however,
that a final certification on the same within the next twentyfour (24) hours;
4. After the filing of the criminal case, the Court shall within
seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs,
plant sources of dangerous drugs, and controlled precursor
and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours
thereafter proceed with the destruction or burning of the
same, in the presence of the accused or the person/s from
which such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media
and the DOJ, civil society group and any elected public
official. The Board shall draw up the guidelines on the manner
of proper disposition and destruction of such item/s which
shall be borne by the offender; Provided, That those item/s of
lawful commerce, as determined by the Board, shall be
donated, used or recycled for legitimate purposes; Provided,
further, That a representative sample, duly weighed and
recorded, is retained;
5. The Board shall then issue a sworn statement as to the fact
of destruction or burning of the subject item/s together with
the representative sample/s shall be kept to a minimum
quantity as determined by the Board;
6. The alleged offender or his/her representative or counsel
shall be allowed to personally observe all of the above
proceedings and his/her presence shall not constitute an
admission of guilt. In case the said offender or accused
refuses or fails to appoint a representative after due notice in
writing to the accused or his/her counsel within seventy-two
(72) hours before the actual or destruction of the evidence in
question, the Secretary of Justice shall appoint a member of
the public attorneys office to represent the former;
7. After the promulgation of judgment in the criminal case
wherein the representative sample/s was presented as
evidence in court, the trial prosecutor shall inform the Board
of the final termination of the case and in turn, shall request
the court for leave to turn over the said representative
sample/s to the PDEA for proper disposition and destruction
within twenty-foru (24) hours from receipt of the same; and
8. Transitory Provision: a.) Within twenty-four hours from the
effectivity of this Act (R.A. 9165), dangerous drugs defined
herein which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in
SUSPENSION OF SENTENCE OF
FIRST-TIME MINOR OFFENDER
An accused who is over fifteen (15) years of age at the time of
the commission of the offense mentioned in Section 11 of
R.A. 9165 but not more that eighteen (18) years of age at the
time when the judgment should have been promulgated after
having been found guilty of said offense, may be given the
benefits of a suspended sentence, subject to the following
conditions:
a.) He/She has not been previously convicted of violating any
provision of this Act, or of the Dangerous Drugs Act of 1972,
as amended; or of the Revised Penal Code; or any special
penal laws;
b.) He/She has not been previously committed to a Center or
to the care of a DOH-accredited physician; and
c.) The Board favorably recommends that his/her sentence be
suspended.
sentence, the
applicable rules and regulations of the
Board exercising supervision and
rehabilitative surveillance over him,
including the rules and regulations of the
Center should confinement be required, the
court shall pronounce judgment of
conviction and he/she shall serve sentence
EXCEPTION TO NECESSITY
OF A SEARCH WARRANT
There is no doubt that the warrantless search incidental to a
lawful arrest authorizes the arresting officer to make a search
upon the person arrested. An officer making an arrest may
take from the person arrested any money or property found
upon his person which was used in the commission of the
crime or was in fruit of the crime or which might furnish the
prisoner with the means of committing violence or of
escaping, which may be used as evidence in the trial of the
case. (People v. Musa; GR 96177, 1/27/93)
BUY-BUST OPERATION
Is a form of entrapment employed by peace officers as an
effective way of apprehending a criminal in the act of the
commission of the offense. Entrapment has received judicial
sanction as long as it is carried out with due regard to
constitutional and legal safeguards. (People v. Basilgo; GR
107327, 8/5/94)
POSEUR-BUYER, GENERALLY
NEED NOT TESTIFY
The testimony of the poseur-buyer or of the confidential
informant is no longer material considering that accusedappellants drug pushing was positively attested to. Moreover,
informants are generally not presumed in court because of
the need to hide their identity and preserve their invaluable
service to the police. (People v. Girang; GR 97949, 2/1/95)
the accused must not solely rely on the pardon as a basis for
the release of the accused from confinement. (People v.
Maquilan)
crime. Neither was she about to commit one nor had she just
committed a crime. Accused-appellant was merely crossing
the street and was not acting in any manner that would
engender a reasonable ground for the NARCOM agents to
suspect and conclude that she was committing a crime. It was
only when the informant pointed to accused-appellant and
identified her to the agents as the carrier of the marijuana that
she was singled out as the suspect. The NARCOM agents
would not have apprehended accused-appellant were it not
for the furtive finger of the informant because, as clearly
illustrated by the evidence on record, there was no reason
whatsoever for them to suspect that accused-appellant was
committing a crime, except for the pointing finger of the
informant. This the Court could neither sanction nor tolerate
as it is a clear violation of the constitutional guarantee against
unreasonable search and seizure. Neither was there any
semblance of any compliance with the rigid requirements of
probable cause and warrantless arrests.
Consequently, there was no legal basis for the NARCOM
agents to effect a warrantless search of accused-appellant's
bag, there being no probable cause and the accusedappellant not having been lawfully arrested. Stated otherwise,
the arrest being incipiently illegal, it logically follows that the
subsequent search was similarly illegal, it being not incidental
to a lawful arrest. The constitutional guarantee against
unreasonable search and seizure must perforce operate in
favor of accused-appellant. As such, the articles seized could
not be used as evidence against accused-appellant for these
are "fruits of a poisoned tree" and, therefore, must be
rejected, pursuant to Article III, Sec. 3(2) of the Constitution.
(People v. Menguin)
MEANING OF TO TRANSPORT
IN DRUG CASES
In People vs. Lo Ho Wing, the Court defined the term
"transport", as used under the Dangerous Drugs Act to mean
"to carry or convey from one place to another" , the operative
words being "to carry or to convey". The fact that there is
actual conveyance suffices to support a finding that the act of
transporting was committed. It is immaterial whether or not
the place of destination was reached. (People v. Latura)
xxx
Lawmen cannot be allowed to violate the very law they are
expected to enforce. The Court is not unmindful of the
difficulties of law enforcement agencies in suppressing the
illegal traffic of dangerous drugs. However, quick solutions of
crimes and apprehension of malefactors do not justify a
callous disregard of the Bill of Rights. We need not
underscore that the protection against illegal search and
seizures is constitutionally mandated and only under specific
instances are seizures allowed without warrants.
In this case, the prosecutions evidence clearly established
that the police conducted a search of accuseds backyard
garden without warrant; they had sufficient time to obtain a
search warrant; they failed to secure one. There was no
showing of urgency or necessity for the warrantless search, or
the immediate seizure of the marijuana plants. (People vs.
Alberto Pasudag)
Criminal Law
Book II
Case Digests
Abad, J.:
Facts:
Sonia Delgado, wife of herein respondent, brought a Nissan
Safari from Mel Dimat. Spouses Delgado where driving along
E. Rodriguez Ave. when they were apprehended by the Traffic
Management Group (TMG), afterwards they found out that
the vehicle was a stolen property. Samson and Mantequilla,
the registered owner of the vehicle, filed charges against Mel
Dimat for violation of the Anti-Fencing Law. On his defense he
claims that he did not know Mantequilla, and that he bought it
in good faith for value.
SO ORDERED.
The RTC found him to guilty and which the CA affirms with
modification.
Issue:
vs.
Facts:
Jovita Rodriguez hired Pacita Linghon as a household helper.
Sometime in October Pacita contacted his brother, Macario,
and asked him to sell some jewelries, which the latter obliged
and sold them to Ernesto. After sometime Jovita found out
that her jewelries were gone and accused Pacita for stealing
the same, which was then proved by the court. Later on Jovita
filed against Ernesto Francisco for violation of PD 1612 or
Anti-Fencing Law.
Accused contends that he did not know Pacita and he only
saw her during the preliminary investigation, and that he
never had transactions with Macario. RTC ruled against him
which was affirmed by the CA.
Accused then petitioned that the court erred in proving him
guilty beyond reasonable doubt and that there was no
sufficient evidence to prove that he was liable for PD 1612.
Issue:
Whether or not there is sufficient quantum of evidence for the
accused to be liable for PD 1612.
Facts:
Issue:
Whether or not the accused is liable for Anti-Fencing Law.
Ruling:
Fencing is the act of any person who, with intent to gain for
himself or for another, shall buy receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy and sell, or in
any other manner deal in any article, item, object or anything
of value which he knows, or should be known to him, to have
been derived from the proceeds of the crime of robbery or
theft.[12] The essential elements of the crime of fencing are:
At any rate, the law does not require proof of purchase of the
stolen articles by the accused as mere possession thereof is
enough to give rise to a presumption of fencing. GABRIEL,
who was in possession of at least two of the stolen items, has
not rebutted this presumption.
PARDO, J.:
Facts:
Rosalita Lim is the owner of Bueno Metal Industries and
Manuelito Mendez was her employee. Sometime in February
Mendez left the company. Afterwards Lim found out that some
brass propellers and screws and boats spare parts were
missing. Later on Mendez was found to be the one who stole
the articles and confessed to Lim that he sold the same to
Ramon Tan. Lim then instituted charges against Ramon Tan
for violation of PD 1612. Petitioner denies the allegation
stating that he was engaged in selling hardware parts. That
he never bought the stolen articles and talked to Mendez.
RTC ruled against him which the CA affirms.
Issue:
Whether or not the prosecution has successfully established
the elements of fencing as against petitioner.
Ruling:
Fencing, as defined in Section 2 of P.D. No. 1612 is "the act
of any person who, with intent to gain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal,
sell or dispose of, or shall buy and sell, or in any manner deal
in any article, item, object or anything of value which he
knows, or should be known to him, to have been derived from
the proceeds of the crime of robbery or theft. The law on
fencing does not require the accused to have participated in
the criminal design to commit, or to have been in any wise
involved in the commission of, the crime of robbery or theft.
vs.
COMMISSION ON ELECTIONS and MARCIAL
VILLANUEVA, respondents.
Francisco, J.:
Facts:
Herein petitioner is trying to run for Mayor of Cavinti, Laguna
but he was disqualified by COMELEC on the grounds that
petitioner has been sentenced by final judgment of a crime
involving moral turpitude. The petitioner was sentenced for
violation of the Anti-Fencing Law. He now petitions for the
nullity of the resolution issued by the COMELEC.
Issue:
Ruling:
Consequently, the prosecution has failed to establish the
essential elements of fencing, and thus petitioner is entitled to
an acquittal.
Costs de oficio.
SO ORDERED.
MARCH 6, 2002
FACTS:
This is a Petition for review of the decision made by the
Sandiganbayan. In July 22, 1996, Dr. Rico S. Jacutin, then
the City Health Officer of Cagayan de Oro City was charged
before the Sandiganbayan, the crime of Sexual Harassment
by Ms. Juliet Yee, a 22 year old fresh graduate of Bachelor of
Science of Nursing who was seeking employment in the office
of the accused. On the pretext of undergoing a physical
examination relative to a family planning research, Ms. Yee
was asked to expose her body and allow her private parts to
be mashed and be stimulated by the accused.
ISSUES:
Petitioner can not be convicted of the crime of sexual
harassment in view of the inapplicability of Republic act No.
7877 to the case at bar.
HELD:
The above contentions of petitioner are not meritorious.
Section 3 of Republic Act 7877 provides:
"SEC. 3. Work, Education or Training-related Sexual
Harassment Defined. Work, education or training-related
sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person who,
having authority, influence or moral ascendancy over another
in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the
other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said
Act.
FACTS:
Petitioner is a public school teacher of Pandan Elementary
School, Pandan,
Mambajao, Camiguin Province. Respondent Eduardo O.
Wahiman is the father of AAA, an elementary school student
of the petitioner.AAA claimed that on August 16, 1995,
petitioner asked her to be at his office to do an errand. Once
inside, she saw him get a folder from one of the cartons on
the floor near his table, and place it on his table. He then
asked her to come closer, and when she did, held her hand,
then touched and fondled her breast. She stated that he
fondled her breast five times, and that she felt afraid. A
classmate of hers, one Vincent B. Sorrabas, claiming to have
witnessed the incident, testified that the fondling incident did
happen just as AAA related it.
ISSUE:
Whether or not he could be guilty of acts of sexual
harassment, grave misconduct, which was a different offense
from or what is not alleged in the formal charge filed against
him at the inception of the administrative case.
HELD:
It is clear that petitioner was sufficiently informed of the basis
of the charge against him, which was his act of improperly
touching one of his students. Thus informed, he defended
himself from such charge. The failure to designate the
offense specifically and with precision is of no moment in this
administrative case. The formal charge, while not specifically
mentioning RA 7877, The Anti-Sexual Harassment Act of
1995, imputes on the petitioner acts covered and penalized
by said law. Contrary to the argument of petitioner, the
demand of a sexual favor need not be explicit or
stated. In Domingo v. Rayala, it was held, It is true that this
provision calls for a demand, request or requirement of a
sexual favor. But it is not necessary that the demand,
request, or requirement of a sexual favor be articulated in a
categorical oral or written statement. It may be discerned,
with equal certitude, from the acts of the offender. The CSC
found, as did the CA, that even without an explicit demand
from petitioner his act of mashing the breast of AAA was
sufficient to constitute sexual harassment. Moreover, under
Section 3 (b) (4) of RA 7877, sexual harassment in an
education or training environment is committed (w)hen the
sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or apprentice. AAA
even testified that she felt fear at the time petitioner touched
her. It cannot then be said that the CSC lacked basis for its
ruling, when it had both the facts and the law. The CSC found
the evidence presented by the complainant sufficient to
support a finding of grave misconduct. It is basic that factual
findings of administrative agencies, when supported by
substantial evidence, are binding upon the Court.
WHEREFORE, in view of the foregoing, this Petition is
hereby DISMISSED, and the decision of the CA in CA-GR SP
No. 51900 is hereby AFFIRMED.
vs.
ISSUES:
FACTS:
Before this Court are three Petitions for Review on Certiorari.
All three petitions stem from the same factual antecedents.
On November 16, 1998, Ma. Lourdes T. Domingo, then
Stenographic Reporter III at the NLRC, filed a complaint for
sexual harassment against Rogelio Rayala, then NLRC
Chairman, before Secretary Bienvenido Laguesma of the
Department of Labor and Employment. Upon receipt of the
Complaint, the DOLE Secretary referred the Complaint to the
OP, Rayala being a presidential appointee. But was instructed
to proceed with the investigation. Secretary Laguesma
submitted a copy of the Committee Report to the OP. The OP
then, thru Executive Secretary Ronaldo Zamora found
Rogelio Rayala guilty of the grave offense of disgraceful and
immoral conduct and orders his dismissal. Rayala filed a
motion for reconsideration with the Court of Appeals, which
then led to the filing of Petition by Ma. Lourdes Domingo
assailing the modifications made by the Court of Appeals.
Rayala, on his part also filed a petition with the Supreme
Court. The same way that the Republic thru theOffice of the
President also filed a petion with the Supreme Court. The
reason why the Supreme Court directed the consolidation of
the three petitions.
HELD:
It is noteworthy that the five CA Justices who deliberated on
the case were unanimous in upholding the findings of the
Committee and the OP. They found the assessment made by
the Committee and the OP to be a "meticulous and
dispassionate analysis of the testimonies of the complainant
(Domingo), the respondent (Rayala), and their respective
witnesses." 38 They differed only on the appropriate
imposable penalty.
That Rayala committed the acts complained of and was
guilty of sexual harassment is, therefore, the common
factual finding of not just one, but three independent bodies:
the Committee, the OP and the CA. It should be remembered
that when supported by substantial evidence, factual findings
made by quasi-judicial and administrative bodies are
accorded great respect and even finality by the courts.39 The
principle, therefore, dictates that such findings should bind
us.40
Indeed, we find no reason to deviate from this rule. There
appears no valid ground for this Court to review the factual
findings of the CA, the OP, and the Investigating Committee.
These findings are now conclusive on the Court. And quite
significantly, Rayala himself admits to having committed some
of the acts imputed to him.
Yet, even if we were to test Rayalas acts strictly by the
standards set in Section 3, RA 7877, he would still be
administratively liable. It is true that this provision calls for a
"demand, request or requirement of a sexual favor." But it is
not necessary that the demand, request or requirement of a
sexual favor be articulated in a categorical oral or written
statement. It may be discerned, with equal certitude, from the
acts of the offender. Holding and squeezing Domingos
shoulders, running his fingers across her neck and tickling her
ear, having inappropriate conversations with her, giving her
money allegedly for school expenses with a promise of future
privileges, and making statements with unmistakable sexual
overtones all these acts of Rayala resound with deafening
clarity the unspoken request for a sexual favor.
In yet another case, this Court declared:
As a managerial employee, petitioner is bound by more
exacting work ethics. He failed to live up to his higher
standard of responsibility when he succumbed to his moral
perversity. And when such moral perversity is perpetrated
against his subordinate, he provides a justifiable ground for
his dismissal for lack of trust and confidence. It is the right,
nay, the duty of every employer to protect its employees from
oversexed superiors.60
FACTS:
Challenged via Petition for Review on Certiorari are the
Decision dated June 29, 2006 and Resolution dated April 2,
2007 of the Court of Appeals in CA-G.R. SP No.
93165 which nullified the Decision dated July 19, 2004 of the
Office of the Ombudsman, as modified, finding Victorio N.
Medrano guilty of sexual harassment in the administrative
complaint against him and dismissed the said complaint for
lack of jurisdiction. Sometime in May, 2003, Ma. Ruby A.
Dumalaog, a teacher at Jacobo Z. Gonzales Memorial
National High School in Bian, Laguna, filed a sworn lettercomplaint before the Office of the Ombudsman charging her
superior-herein respondent, Officer-In-Charge of the school
and concurrently the principal of San Pedro Relocation Center
National High School in San Pedro, Laguna, with violation of
Republic Act No. 7877 docketed as OMB-L-C-03-0613-E.
ISSUES:
Whether the petition has become moot and academic, Ma.
Ruby having executed an affidavit of desistance and the
HELD:
The Court holds in the negative. The flaw in respondent's
argument that the execution of Ma. Ruby's Affidavit of
Desistance and the dismissal of the criminal case must result
in the dismissal of the administrative case is that it ignores the
whale of a difference between those two remedies.
In Gerardo R. Villaseor and Rodel A. Mesa v.
Sandiganbayan and Louella Mae Oco-Pesquerra (Office of
the Special Prosecutor, Ombudsman), the Court stressed the
distinct and independent character of the remedies available
to an offended party against any impropriety or wrongdoing
committed by a public officer, thus:
Significantly, there are three kinds of remedies available
against a public officer for impropriety in the performance of
his powers and the discharge of his duties: (1) civil,
(2) criminal, and (3) administrative.These remedies may be
invoked separately, alternately, simultaneously or
successively. Sometimes, the same offense may be the
subject of all three kinds of remedies.
Defeat of any of the three remedies will not necessarily
preclude resort to other remedies or affect decisions reached
thereat, as different degrees of evidence are required in these
several actions. In criminal cases, proof beyond reasonable
doubt is needed, whereas a mere preponderance of evidence
will suffice in civil cases. In administrative cases, only
substantial evidence is required.
It is clear, then, that criminal and administrative cases are
distinct from each other. The settled rule is that criminal and
civil cases are altogether different from administrative
matters, such that the first two will not inevitably govern or
affect the third and vice versa. Verily, administrative cases
may proceed independently of the criminal proceedings.
At any rate, an affidavit of desistance (or recantation) is, as a
rule, viewed with suspicion and reservation because it can
easily be secured from a poor and ignorant witness, usually
through intimidation or for monetary consideration. And there
is always the probability that it would later be repudiated, and
criminal prosecution would thus be interminable. Hence, such
desistance, by itself, is not usually a ground for the dismissal
of an action once it has been instituted in court
The suspicious and unreliable nature of Ma. Ruby's Affidavit
of Desistance is evident.Firstly, her affidavit was executed
only on September 17, 2007 or more than three (3) years
after petitioner had rendered its July 19, 2004 Decision, as
modified by its Joint Order of April 8, 2005 finding respondent
guilty of sexual harassment. Secondly, unlike her six-page
sworn letter-complaint of May 13, 2003 wherein she narrated
in her own Pilipino dialect the factual details of respondent's
acts complained of, Ma. Ruby's one-page Affidavit of
Desistance is couched in English with legal terms
JV Ejercito, Petitioners
Ruling:
vs.
Sandiganbayan, Respondent
Facts:
Petitioner Joseph Victor Ejercito owns two bank accounts that
were the subjects of the subpoenas filed by the
Sandiganbayan in lieu of the Criminal Case No. 26558,
People vs. Estrada et. al. Ejercito filed various motions to
quash the such subpoenas, in which he claimed that his bank
accounts are covered by R.A. No. 1405 (The Secrecy of Bank
Deposits Law) and do not fall under any of the exceptions
stated therein. He further claimed that the specific
identification of documents in the questioned subpoenas,
including details on dates and amounts, could only have been
made possible by an earlier illegal disclosure thereof by the
EIB and the Philippine Deposit Insurance Corporation (PDIC)
in its capacity as receiver of the then Urban Bank. The
disclosure being illegal, he concluded, the prosecution in the
case may not be allowed to make use of the information.
Ruling:
Cases of unexplained wealth are similar to cases of bribery or
dereliction of duty and no reason why these two classes of
cases cannot be excepted from the rule making bank deposits
confidential and, undoubtedly, cases for plunder involve
unexplained wealth. The crime of bribery and the overt acts
constitutive of plunder are crimes committed by public
officers, and in either case the noble idea that a public office
is a public trust and any person who enters upon its discharge
does so with the full knowledge that his life, so far as relevant
to his duty, is open to public scrutiny applies with equal force.
Facts:
Petitioner et al. were charged with plunder before the
Sandiganbayan. They assailed the jurisdiction of the
Sandiganbayan. Petitioner contends that since none of the
accused holds a position with Salary Grade "27" and higher,
jurisdiction over the case falls with the Regional Trial Court. 7
On the other hand, respondent Sandiganbayan's position is
that Republic Act No. 7080 which defines and penalizes the
crime of "plunder" vests in the Sandiganbayan jurisdiction
thereof, and since it is a special law, it constitutes an
exception to the general law, Republic Act No. 8249.
Issue:
Whether the Sandiganbayan has jurisdiction over the case at
hand.
Ruling:
SECOND DIVISION
ARTEMIO VILLAREAL,
G.R.No.151258
Petitioner,
- versus -
FIDELITO DIZON,
Petitioner,
Petitioner,
- versus - versus -
GERARDA H. VILLA,
x-------------------------------------------------x
DECISION
SERENO, J.:
The public outrage over the death of Leonardo Lenny
Villa the victim in this case on 10 February 1991 led to a
very strong clamor to put an end to hazing. Due in large part
to the brave efforts of his mother, petitioner Gerarda Villa,
groups were organized, condemning his senseless and tragic
death. This widespread condemnation prompted Congress to
enact a special law, which became effective in 1995, that
2.
1.
3.
2.
4.
3.
5.
4.
6.
5.
7.
6.
8.
7.
9.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Twenty-six of the accused Aquilans in Criminal Case No. C38340(91) were jointly tried. On the other hand, the trial
against the remaining nine accused in Criminal Case No. C38340 was held in abeyance due to certain matters that had
to be resolved first.
On 8 November 1993, the trial court rendered judgment in
Criminal Case No. C-38340(91), holding the 26
accused guilty beyond reasonable doubt of the crime of
homicide, penalized with reclusion temporal under Article 249
of the Revised Penal Code. A few weeks after the trial court
rendered its judgment, or on 29 November 1993, Criminal
Case No. C-38340 against the remaining nine
accused commenced anew.
On 10 January 2002, the CA in (CA-G.R. No. 15520)
set aside the finding of conspiracy by the trial court in Criminal
Case No. C-38340(91) and modified the criminal liability of
each of the accused according to individual participation.
Accused De Leon had by then passed away, so the following
Decision applied only to the remaining 25 accused, viz:
1.
Nineteen of the accused-appellants Victorino,
Sabban, Lledo, Guerrero, Musngi, Perez, De Guzman,
Santos, General, Flores, Lim, Montecillo, Ranada, Mendoza,
Verdadero, Purisima, Fernandez, Abas, and Brigola
(Victorino et al.) were acquitted, as their individual guilt was
not established by proof beyond reasonable doubt.
2.
Four of the accused-appellants Vincent Tecson,
Junel Anthony Ama, Antonio Mariano Almeda, and Renato
Bantug, Jr. (Tecson et al.) were found guilty of the crime
of slight physical injuries and sentenced to 20 days of arresto
menor. They were also ordered to jointly pay the heirs of the
victim the sum of 30,000 as indemnity.
3.
Two of the accused-appellants Fidelito
Dizon and Artemio Villareal were found guilty beyond
reasonable doubt of the crime of homicide under Article 249
of the Revised Penal Code. Having found no mitigating or
aggravating circumstance, the CA sentenced them to an
indeterminate sentence of 10 years of prision mayor to 17
years of reclusion temporal. They were also ordered to
indemnify, jointly and severally, the heirs of Lenny Villa in the
sum of 50,000 and to pay the additional amount of
1,000,000 by way of moral damages.
ISSUES
1. Whether the forfeiture of petitioner Dizons right to
present evidence constitutes denial of due process;
2. Whether the CA committed grave abuse of discretion,
amounting to lack or excess of jurisdiction when it dismissed
the case against Escalona, Ramos, Saruca, and Adriano for
violation of the right of the accused to speedy trial;
3. Whether the CA committed grave abuse of discretion,
amounting to lack or excess of jurisdiction, when it set aside
the finding of conspiracy by the trial court and adjudicated the
liability of each accused according to individual participation;
4.
DISCUSSION
Resolution on Preliminary Matters
Under Section 2(c), Rule 114 and Section 1(c), Rule 115 of
the Rules of Court, Crisostomos non-appearance during the
22 June 1995 trial was merely a waiver of his right to be
present for trial on such date only and not for the succeeding
trial dates
xxx
xx
xxx
xxx
xx
xxx
5) The fact that the records of the case were elevated to the
Court of Appeals and the prosecutions failure to comply with
xxx
xx
xxx
xxx
xx
xxx
[T]he absence of the records in the trial court [was] due to the
fact that the records of the case were elevated to the Court of
Appeals, and the prosecutions failure to comply with the
order of the court a quo requiring it to secure certified true
copies of the same. What is glaring from the records is the
fact that as early as September 21, 1995, the court a quo
already issued an Order requiring the prosecution, through
the Department of Justice, to secure the complete records of
the case from the Court of Appeals. The prosecution did not
comply with the said Order as in fact, the same directive was
repeated by the court a quo in an Order dated December 27,
1995. Still, there was no compliance on the part of the
prosecution. It is not stated when such order was complied
with. It appears, however, that even until August 5, 2002, the
said records were still not at the disposal of the trial
court because the lack of it was made the basis of the said
court in granting the motion to dismiss filed by co-accused
Concepcion x x x.
xxx
xx
xxx
the spiked medals through the shirts and into the chests of
the victims.
In State v. Allen, decided in 1995, the Southeast Missouri
State University chapter of Kappa Alpha Psi invited male
students to enter into a pledgeship program. The fraternity
members subjected the pledges to repeated physical abuse
including repeated, open-hand strikes at the nape, the chest,
and the back; caning of the bare soles of the feet and
buttocks; blows to the back with the use of a heavy book and
a cookie sheet while the pledges were on their hands and
knees; various kicks and punches to the body; and body
slamming, an activity in which active members of the
fraternity lifted pledges up in the air and dropped them to the
ground. The fraternity members then put the pledges through
a seven-station circle of physical abuse.
In Ex Parte Barran, decided in 1998, the pledge-victim went
through hazing by fraternity members of the Kappa Alpha
Order at the Auburn University in Alabama. The
hazing included the following: (1) having to dig a ditch and
jump into it after it had been filled with water, urine, feces,
dinner leftovers, and vomit; (2) receiving paddlings on the
buttocks; (3) being pushed and kicked, often onto walls or into
pits and trash cans; (4) eating foods like peppers, hot sauce,
butter, and yerks (a mixture of hot sauce, mayonnaise,
butter, beans, and other items); (5) doing chores for the
fraternity and its members, such as cleaning the fraternity
house and yard, being designated as driver, and running
errands; (6) appearing regularly at 2 a.m. meetings, during
which the pledges would be hazed for a couple of hours; and
(7) running the gauntlet, during which the pledges were
pushed, kicked, and hit as they ran down a hallway and
descended down a flight of stairs.
In Lloyd v. Alpha Phi Alpha Fraternity, decided in 1999, the
victim Sylvester Lloyd was accepted to pledge at the
Cornell University chapter of the Alpha Phi Alpha Fraternity.
[170] He participated in initiation activities, which included
various forms of physical beatings and torture, psychological
coercion and embarrassment.[171]
In Kenner v. Kappa Alpha Psi Fraternity, decided in 2002, the
initiate-victim suffered injuries from hazing activities during the
fraternitys initiation rites. Kenner and the other initiates went
through psychological and physical hazing, including being
paddled on the buttocks for more than 200 times.
In Morton v. State, Marcus Jones a university student in
Florida sought initiation into the campus chapter of the
Kappa Alpha Psi Fraternity during the 2005-06 academic
year. The pledges efforts to join the fraternity culminated in a
series of initiation rituals conducted in four nights. Jones,
together with other candidates, was blindfolded, verbally
harassed, and caned on his face and buttocks. In these rituals
described as preliminaries, which lasted for two evenings,
he received approximately 60 canings on his buttocks. During
the last two days of the hazing, the rituals intensified. The
pledges sustained roughly 210 cane strikes during the fournight initiation. Jones and several other candidates
passed out.
more than two years or not less than 180 days. Under Utah
law, if hazing results in serious bodily injury, the hazer is guilty
of a third-degree felony. A person who has been convicted of
a third-degree felony may be sentenced to imprisonment for a
term not to exceed five years.[201] West Virginia law provides
that if the act of hazing would otherwise be deemed a felony,
the hazer may be found guilty thereof and subject to penalties
provided therefor. In Wisconsin, a person is guilty of a Class
G felony if hazing results in the death of another. A
Class G felony carries a fine not to exceed $25,000 or
imprisonment not to exceed 10 years, or both.
In certain states in the U.S., victims of hazing were left with
limited remedies, as there was no hazing statute. This
situation was exemplified in Ballou v. Sigma Nu General
Fraternity, wherein Barry Ballous family resorted to a civil
action for wrongful death, since there was no anti-hazing
statute in South Carolina until 1994.
The existence of animus interficendi or intent to kill not proven
beyond reasonable doubt
The presence of an ex ante situation in this case, fraternity
initiation rites does not automatically amount to the absence
of malicious intent or dolus malus. If it is proven beyond
reasonable doubt that the perpetrators were equipped with a
guilty mind whether or not there is a contextual background
or factual premise they are still criminally liable for
intentional felony.
The trial court, the CA, and the Solicitor General are all in
agreement that with the exception of Villareal and Dizon
accused Tecson, Ama, Almeda, and Bantug did not have
the animus interficendi or intent to kill Lenny Villa or the other
neophytes. We shall no longer disturb this finding.
As regards Villareal and Dizon, the CA modified the Decision
of the trial court and found that the two accused had
the animus interficendi or intent to kill Lenny Villa, not merely
to inflict physical injuries on him. It justified its finding of
homicide against Dizon by holding that he had apparently
been motivated by ill will while beating up Villa. Dizon kept
repeating that his fathers parking space had been stolen by
the victims father. As to Villareal, the court said that the
accused suspected the family of Bienvenido Marquez, one of
the neophytes, to have had a hand in the death of Villareals
brother. The CA then ruled as follows:
The two had their own axes to grind against Villa and
Marquez. It was very clear that they acted with evil and
criminal intent. The evidence on this matter is unrebutted and
so for the death of Villa,appellants Dizon and Villareal must
and should face the consequence of their acts, that is, to be
held liable for the crime of homicide. (Emphasis supplied)
Witness
Villa akin ka, Asuncion patay ka,
Recinto patay ka sa amin, etc., sir.
Atty. Tadiar
And those utterances and threats, how long
did they continue during the rocking of the van which lasted
for 5 minutes?
xxx
xxx
xxx
xxx
xxx
Witness
Upon arrival, we were instructed to bow
our head down and to link our arms and then the driver of the
van and other members of the Aquilans who were inside left
us inside the van, sir.
xxx
xxx
xxx
xxx
Witness
We were escorted out of [Michael
Musngis] house and we were made to ride a van and we
were brought to another place in Kalookan City which I later
found to be the place of Mariano Almeda, sir.
xxx
xxx
Witness
Even after they rocked the van, we still
kept on hearing voices, sir.
xxx
xxx
xxx
Atty. Tadiar
During the time that this rounds [of physical
beating] were being inflicted, was there any utterances by
anybody?
Witness
Yes sir. Some were piercing, some were
discouraging, and some were encouraging others who were
pounding and beating us, it was just like a fiesta atmosphere,
actually some of them enjoyed looking us being pounded, sir.
xxx
Witness
We heard voices shouted outside the van
to the effect, Villa akin ka, Asuncion Patay ka and the
people outside pound the van, rock the van, sir.
Atty. Tadiar
Will you please recall in what tone of voice
and how strong a voice these remarks uttered upon your
arrival?
Atty. Tadiar
you heard?
Witness
One particular utterance always said was,
they asked us whether matigas pa yan, kayang-kaya pa
niyan.
Atty. Tadiar
Do you know who in particular uttered those
particular words that you quote?
Witness
Some were almost shouting, you could feel
the sense of excitement in their voices, sir.
xxx
xxx
xxx
Atty. Tadiar
During all these times that the van was
being rocked through and through, what were the voices or
utterances that you heard?
Witness
I cannot particularly point to because there
were utterances simultaneously, I could not really pin point
who uttered those words, sir.
xxx
xxx
xxx
Atty. Tadiar
Were there any utterances that you heard
during the conduct of this Bicol Express?
Witness
Atty. Tadiar
Will you please recall to this Honorable
Court what were the utterances that you remember?
xxx
Atty. Tadiar
accused?
Witness
Witness
Of course, I knew sir that it was not true
and that he was just making it up sir. So he said that I knew
nothing of that incident. However, he just in fact after the Bicol
Express, he kept on uttering those words/statements so that it
would in turn justify him and to give me harder blows, sir.
xxx
xxx
xxx
Atty. Tadiar
You mentioned about Dizon in particular
mentioning that Lenny Villas father stole the parking space
allotted for his father, do you recall who were within hearing
distance when that utterance was made?
Witness
utterance, sir.
xxx
xxx
Atty. Tadiar
Can you tell the Honorable Court when was
the next accusation against Lenny Villas father was made?
Witness
When we were line up against the
wall, Boyet Dizon came near to us and when Lenny Villas
turn, I heard him uttered those statements, sir.
Atty. Tadiar
What happened after he made this
accusation to Lenny Villas father?
Witness
Atty. Tadiar
When Boyet Dizon at that particular time
was accusing you of having your family have his brother
killed, what was your response?
xxx
Witness
There were different times made this
accusation so there were different people who heard from
time to time, sir.
xxx
Witness
For example, one person particularly Boyet
Dizon stepped on my thigh, he would say that and I quote ito,
yung pamilya nito ay pinapatay yung kapatid ko, so that
would in turn sort of justifying him in inflicting more serious
pain on me. So instead of just walking, he would jump on my
thighs and then after on was Lenny Villa. He was saying to
the effect that this guy, his father stole the parking space of
my father, sir. So, thats why he inflicted more pain on Villa
and that went on, sir.
xxx
Atty. Tadiar
Witness
There were slaps and he knelt on Lenny
Villas thighs and sometime he stand up and he kicked his
thighs and sometimes jumped at it, sir.
xxx
xxx
xxx
Atty. Tadiar
We would go on to the second day but not
right now. You mentioned also that accusations made
by Dizon you or your family had his brother killed, can you
inform this Honorable Court what exactly were the
accusations that were charged against you while inflicting
blows upon you in particular?
Witness
While he was inflicting blows upon me, he
told me in particular if I knew that his family who had his
brother killed, and he said that his brother was an NPA, sir
so I knew that it was just a story that he made up and I said
that I knew nothing about it and he continued inflicting blows
on me, sir. And another incident was when a talk was being
given, Dizon was on another part of the pelota court and I was
sort of looking and we saw that he was drinking beer, and he
said and I quote: Marquez, Marquez, ano ang tinitingin-tingin
mo diyan, ikaw yung pamilya mo ang nagpapatay sa aking
kapatid, yari ka sa akin, sir.
Judge Purisima
You were also told beforehand that there
would be physical contact?
Witness
Atty. Tadiar
What else?
xxx
Witness
xxx
xxx
Atty. Tadiar
And on that first night of February 8, 1991,
did ever a doctor or a physician came around as promised to
you earlier?
Witness
Witness
Yes, sir.
Judge Purisima
Witness
Victorino.
Witness
Yes, sir, because they informed that we
could immediately go back to school. All the bruises would be
limited to our arms and legs, sir. So, if we wear the regular
school uniforms like long sleeves, it would be covered actually
so we have no thinking that our face would be slapped, sir.
Judge Purisima
So, you mean to say that beforehand that
you would have bruises on your body but that will be
covered?
Witness
Yes, sir.
JudgePurisima
So, what kind of physical contact or
implements that you expect that would create bruises to your
body?
Witness
At that point I am already sure that there
would be hitting by a paddling or paddle, sir.
xxx
xxx
xxx
Judge Purisima
Will you kindly tell the Honorable Court
what they told you to expect during the initiation?
Judge Purisima
Now, will you admit Mr. Marquez that
much of the initiation procedures is psychological in nature?
Witness
They told us at the time we would be
brought to a particular place, we would be mocked at, sir.
Witness
xxx
xxx
xxx
Judge Purisima
So, you expected to be mocked at,
ridiculed, humiliated etc., and the likes?
Witness
Yes, sir.
Atty. Jimenez
The initiation that was conducted did not
consist only of physical initiation, meaning body contact, is
that correct?
Witness
Yes, sir.
Witness
No, sir, perhaps it is one but the main
reason, I think, why he was saying those things was because
he wanted to inflict injury.
Atty. Jimenez
Part of the initiation was the so-called
psychological initiation, correct?
Atty. Jimenez
He did not tell that to you. That is your only
perception, correct?
Witness
Witness
No, sir, because at one point, while he was
telling this to Villareal, he was hitting me.
Yes, sir.
Atty. Jimenez
And this consisted of making you believe of
things calculated to terrify you, scare you, correct?
Witness
Atty. Jimenez
But did you not say earlier that you [were]
subjected to the same forms of initiation by all the initiating
masters? You said that earlier, right?
Yes, sir.
Witness
Atty. Jimenez
In other words, the initiating masters made
belief situation intended to, I repeat, terrify you, frighten you,
scare you into perhaps quitting the initiation, is this correct?
Witness
Yes, sir.
Atty. Jimenez
Are you saying also that the others who
jumped on you or kicked you said something similar as was
told to you by Mr. Dizon?
No, sir.
Atty. Jimenez
You said on direct that while Mr. Dizon was
initiating you, he said or he was supposed to have said
according to you that your family were responsible for the
killing of his brother who was an NPA, do you remember
saying that?
Atty. Jimenez
But the fact remains that in the Bicol
Express for instance, the masters would run on your thighs,
right?
Witness
Witness
Yes, sir.
Yes, sir.
Atty. Jimenez
You also said in connection with that
statement said to you by Dizon that you did not believe him
because that is not true, correct?
Atty. Jimenez
This was the regular procedure that was
followed by the initiating masters not only on you but also on
the other neophytes?
Witness
Witness
Yes, sir.
Atty. Jimenez
In other words, he was only psychologizing
you perhaps, the purpose as I have mentioned before,
terrifying you, scaring you or frightening you into quitting the
initiation, this is correct?
Yes, sir.
Atty. Jimenez
In other words, it is fair to say that whatever
forms of initiation was administered by one master, was also
administered by one master on a neophyte, was also
administered by another master on the other neophyte, this is
correct?
Witness
xxx
xxx
of the trial court, the Solicitor General then posits that since all
of the accused fraternity members conspired to inflict physical
injuries on Lenny Villa and death ensued, all of them should
be liable for the crime of homicide pursuant to Article 4(1) of
the Revised Penal Code.
In order to be found guilty of any of the felonious acts under
Articles 262 to 266 of the Revised Penal Code, the
employment of physical injuries must be coupled withdolus
malus. As an act that is mala in se, the existence of malicious
intent is fundamental, since injury arises from the mental state
of the wrongdoer iniuria ex affectu facientis consistat. If
there is no criminal intent, the accused cannot be found guilty
of an intentional felony. Thus, in case of physical injuries
under the Revised Penal Code, there must be a
specific animus iniuriandi or malicious intention to do wrong
against the physical integrity or well-being of a person, so as
to incapacitate and deprive the victim of certain bodily
functions. Without proof beyond reasonable doubt of the
required animus iniuriandi, the overt act of inflicting physical
injuries per se merely satisfies the elements of freedom and
intelligence in an intentional felony. The commission of the act
does not, in itself, make a man guilty unless his intentions are.
Thus, we have ruled in a number of instancesthat the mere
infliction of physical injuries, absent malicious intent, does not
make a person automatically liable for an intentional felony.
In Bagajo v. People, the accused teacher, using a bamboo
stick, whipped one of her students behind her legs and thighs
as a form of discipline. The student suffered lesions and
bruises from the corporal punishment. In reversing the trial
courts finding of criminal liability for slight physical injuries,
this Court stated thus: Independently of any civil or
administrative responsibility [w]e are persuaded that she
did not do what she had done with criminal intent the
means she actually used was moderate and that she was not
motivated by ill-will, hatred or any malevolent intent.
Considering the applicable laws, we then ruled that as a
matter of law, petitioner did not incur any criminal liability for
her act of whipping her pupil. In People v. Carmen, the
accused members of the religious group known as the
Missionaries of Our Lady of Fatima under the guise of a
ritual or treatment plunged the head of the victim into a
barrel of water, banged his head against a bench, pounded
his chest with fists, and stabbed him on the side with a
kitchen knife, in order to cure him of nervous breakdown by
expelling through those means the bad spirits possessing
him. The collective acts of the group caused the death of the
victim. Since malicious intent was not proven, we reversed
the trial courts finding of liability for murder under Article 4 of
the Revised Penal Code and instead ruled that the accused
should be held criminally liable for reckless imprudence
resulting in homicide under Article 365 thereof.
Indeed, the threshold question is whether the accuseds initial
acts of inflicting physical pain on the neophytes were attended
by animus iniuriandi amounting to a felonious act punishable
under the Revised Penal Code, thereby making it subject to
Article 4(1) thereof. In People v. Regato, we ruled that
malicious intent must be judged by the action, conduct, and
external acts of the accused. What persons do is the best
xxx
xxx
xxx
SENATOR LINA. x x x
To me, that is the basic difference and that is what will prevent
or deter the sororities or fraternities; that they should really
shun this activity called hazing. Because, initially, these
fraternities or sororities do not even consider having a
neophyte killed or maimed or that acts of lasciviousness are
even committed initially, Mr. President.
xxx
xxx
xxx
acts that lead to the result. But if these results are not going to
be proven by intent, but just because there was hazing, I am
afraid that it will disturb the basic concepts of the Revised
Penal Code, Mr. President.
This is the lusot, Mr. President. They might as well have been
charged therefore with the ordinary crime of homicide,
mutilation, et cetera, where the prosecution will have a
difficulty proving the elements if they are separate offenses.
xxx
xxx
xxx
xxx
xxx
SENATOR LINA. Thank you very much.
Witness
All together nothing in concert to cause to
the demise of the victim. So, it is not fair for us to isolate such
injuries here because we are talking of the whole body. At the
same manner that as a car would not run minus one (1)
wheel. No, the more humane in human approach is to
interpret all those injuries in whole and not in part.[267]
There is also evidence to show that some of the accused
fraternity members were drinking during the initiation rites.