Lawren

The second paragraph of Art. 5 of the Revised Penal Code has no application to the offense defined and penalized by a special law.  Appeal from the decision of the CFI of Manila finding appellant guilty of illegal possession of a sub machine gun and sentencing him to five years imprisonment and to pay costs. Appellant contends that the trial judge erred in not recommending executive clemency inasmuch as the weapon had already been forfeited to the Government, and no showing was made that he was a hardened criminal. He obviously referred to the provision of Article 5 of the Revised Penal Code; whereas the legal provision violated by appellant is another piece of legislation. Besides, no questioning was made in the hearing, and no manifestation whatsoever were uttered either by the accused or by his counsel to explain the circumstances surrounding the case. Consequently no elements appear of record in the light of which could be appreciated the degree of malice of the injury caused b...

  The People of the Philippines, Plaintiff-Appellee Vs. Patricio Amigo alias "Bebot," Accused-Appellant   G.R. No. 116719, January 18, 1996   Facts: On December 29, 1989 at around 1:00 Pm, Benito Ng Suy was driving their gray Ford Fiera back home, with his daughters, Jocelyn Ng Suy and a younger one together with his two year old son. An accidental head on collision occurred between the Fiera and the Tamaraw being driven by one Virgillio Abogado, with Abogado was the accused, Patricio Amigo alias "Bebot". The collision caused slight damage to the right bumper of the Tamaraw.   While Abogado and Benito were having a verbal confrontation, Amigo approached Ng Suy asking the latter to leave the incident as it was only a minor incident. However, Ng Suy said that Amigo should not interfere, which made Amigo irritated and caused the latter to stab Ng Suy, rendering the victim into a critical condition which later caused his death due to a sepsis infection...

Judge has the duty to apply the law as interpreted by the Supreme Court.  If a Judge of a lower court feels, in the fulfillment of his mission of deciding cases, that the application of a doctrine promulgated by the Supreme Court is against his way of reasoning, or against his conscience, he may state his opinion on the matter, but rather than disposing of the case in accordance with his personal view, he must first think that it is his duty to apply the law as interpreted by the Highest Court of the land, and that any deviation from a principle laid down by the latter would unavoidably cause, as a sequel, unnecessary inconveniences, delays and expenses to the litigants. (People vs. Santos, et al, 104 Phil. 560)

People vs Olaes [G.R. No. L-11166. April 17, 1959.] "WHEREFORE, the accused Eugenio Olaes is hereby declared guilty of robbery with homicide and frustrated homicide defined and penalized in Article 294, Case No. 1, Revised Penal Code. Although the crime was attended by the aggravating circumstances of nocturnity and in band, in view of the attitude of the Chief Executive on death penalty, the accused is hereby sentenced to life imprisonment, to indemnify the heirs of Maria Argame in the sum of P6,000 without subsidiary imprisonment in case of insolvency, and to pay the costs. In the service of his sentence, the accused should be credited with one-half of the period of preventive imprisonment suffered by him since January 24, 1955." "although the crime was attended by the aggravating circumstances of nocturnity and in band, in view of the attitude of the Chief Executive on death penalty", the accused was sentenced only to life imprisonment. Without attempting, even ...

T his is an appeal to suspend the decision of conviction for the crime of triple murder sentencing the accused-appellant Ricardo Limaco to "life imprisonment at hard labor, without hope of any pardon or reprieve whatsoever, to indemnify the heirs of the deceased Severa Envelino, Sofia Envelino and Matrina Amores in the sum of P6,000 each (People  vs.  Amansec, G.R. No. L-927, March 11, 1948) * , without subsidiary imprisonment in case of insolvency, and to pay the costs." One aggravating circumstance, namely, that of dwelling. We notice that the trial court imposed only one penalty for the three murders. In this, the trial court erred. There should be a penalty for each of the three separate crimes caused by separate acts or blows committed and inflicted by the appellant. The crime committed in this case is truly shocking. Three innocent girls, two of tender age, apparently without any provocation, were butchered and hacked to death. While some members of this Court are for i...

That on or about the 1st day of November, 1950, in Pasay City, Philippines, the above named accused, Tiu Ua, did then and there willfully, unlawfully and feloniously violate the provisions of Republic Act No. 509 by selling a can of powdered Klim milk for P2.20, to Eusebio Perez, when the ceiling price for that commodity was P1.80 only. After the trial the accused was found guilty and sentenced to pay a fine of P5,000, or, in case of insolvency, to suffer the corresponding subsidiary imprisonment, and to pay the costs. In addition to this penalty the trial court declared that the accused, being an alien, "shall be upon, upon final conviction, subject to immediate deportation without the necessity of any further proceedings on the part of the Deportation Board. chanroblesvirtualawlibrary   chanrobles virtual  ISSUES 1. The trial court erred in not holding that the present case is one of entrapment the prosecution of which should not have been sustained on grounds of public poli...

  Prosecuted in the Court of First Instance of Lanao for homicide through reckless imprudence and illegal possession of firearm under one information, the appellant was acquitted of the first offense and found guilty of the second, for which he was sentenced to one year imprisonment. This appeal is from that sentence raising factual, legal and constitutional questions. The constitutional question, set up after the submission of the briefs, has to do with the objection that the penalty — from 5 to 10 years of imprisonment and fines — provided by Republic Act No. 4 is cruel and unusual. Without deciding whether the prohibition of the Constitution against infliction of cruel and unusual punishment applies both to the form of the penalty and the duration of imprisonment, it is our opinion that confinement from 6 to 10 years for possessing or carrying firearm is not cruel or unusual, having due regard to the prevalent conditions which the law proposes to suppress or curb. The rampant ...

People vs. Manlapaz, No. L-41819, Feb. 28, 1979, 88 SCRA 704, 719 Appellant Manlapaz, taking advantage of Therese's mental deficiency and immaturity (she had barely reached the age of puberty) and subordinating his wig to his concupiscence or animal instincts, was able to have carnal intercourse twice with a ten-year-old girl who was not aware of the disgrace and dishonorable consequences resulting from that immoral act. The crime committed by the accused is simple rape. No modifying circumstances can be appreciated in this case. The trial court properly sentenced him to  reclusion perpetua  [Arts. 63 and 335(2), Revised Penal Code]. Before article 335 was amended, simple rape was penalized by  reclusion temporal  or twelve years and one day to twenty years. Republic Act No. 4111 raised the penalty for simple rape to reclusion perpetua and made qualified rape a capital offense. Taking notice of the rampancy of sexual assaults, ensuing from the lawlessness and deterio...

For having killed her husband Pedro Jongque, the appellant Teopista Canja was convicted of parricide by the court of first instance of Antique, and was sentenced to imprisonment for life, plus indemnity of P2,000, and costs. chanroblesvir The pertinent part of Exhibit C reads as follows: That on Tuesday, May 25, 1948 at about six o'clock in the evening, my husband Pedro arrived from the tuba-drinking place and he was very drunk. And when he was already inside our house, because he was drunk, he immediately boxed in my stomach and I immediately fainted. When I gained consciousness, I asked him why he boxed me. And he answered me that if I will resist he will do it again. So I just kept quiet and immediately prepared our supper. While we were eating our supper with our children, he did not eat but instead threw away the rice from the plate. After we had eaten, he went down according to him to look for tobacco-to-chew in the house of my brother. In a short while, he returned, he again...

  Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-36345             November 25, 1932 THE PEOPLE OF THE PHILIPPINE ISLANDS,  plaintiff-appellee, vs. PEDRO MONTANO and WENCESLAO CABAGSANG,  defendants-appellants. M. H. de Joya for appellants. Attorney-General Jaranilla for appellee. BUTTE,  J.: This is an appeal from the decision of the Court of First Instance of Cavite, convicting the defendants-appellants of the crime of falsification of public documents. The defendant Wenceslao Cabagsang was the chief of police and the defendant Pedro Montano was the justice of the peace of the municipality of Tanza in the Province of Cavite, in the month of September, 1930, when the crimes for which they were convicted occurred. It appears from the evidence that on September 5, 1930, a criminal complaint against one Arturo A. Soriano for the crime of qualified seduction was filed with the said justice of the peace. The justice, app...

Father and son were convicted of qualified theft for stealing ten tender coconut fruits from two coconut trees in a coconut plantation, for the family's consumption. The court sentenced each of them to an indeterminate penalty of from four (4) months and one (1) day of arresto mayor to three (3) years, six (6) months and twenty-one (21) days of prision correccional, according to Art. 310 of the Revised Penal Code.  The Court of Appeals held: In the light of the circumstances surrounding the case, we are of the belief that the degree of malice behind the appellants' felonious act does not warrant the imposition of so stiff a penalty as we are now constrained to mete out under the law.  We recommend, therefore, that they be pardoned after they shall have served four (4) months of the penalty so imposed. Let a copy of this decision be forwarded to His Excellency,  the President of the Philippines, through the Honorable, the Secretary of Justice. (People vs. Espino, et al., C...

People vs. Monleon December 10, 1946 (74 SCRA 263) PARTIES: plaintiff-appellee: People of the Philippines accused- appellant: Cosme Monleon FACTS: On June 1, 1970, Cosme Monleon in his inebriated state asked whether the carabao was already fed. To check the veracity of the statement, he went to see the carabao. He discovered that the carabao had not been adequately fed. He was about to hit Marciano, his 10 year old son, when Concordia, his wife, intervened. Monleon choked her, bashed her head against the post, and kicked her abdomen. Concordia died the following day due to trauma or external violence. ISSUE: WON the accused is criminally liable although he had no intention to kill his wife. HELD: Yes. Art 4 of the Revised Penal Code provides that criminal liability is incurred by any person committing a felony although the wrongful act don be different than that which he intended to do. The maltreatment inflicted by the accused on his wife was the proximate cause of her death. He could...