SBCA-SOL BLOCK B 2020 CRIM DIGESTS

With love, Rai Sot Sotello & Lara Murallos

Jacqueline out of the van and forced her to dance for them. However, Marijoy
was left in the van, being raped by Larranaga. After 15 minutes, Rowen went
in, James Anthony, Alberto (the driver), Ariel (the conductor), and then
threw Marijoys body into a 150M-deep ravine. Jacqueline was then brought in
and was raped by Josman, Rusia, and James Andrew (pucha tong James
Andrew na to ang libog dalawang beses nyeta). After, Jacqueline was pulled
out of the van and pushed into the street. She managed to run, but was
mocked by the group. They brought her back into the van. Rowen beat her up
until she passed out.

ARTICLE 8 DIGESTS CONSPIRACY

PEOPLE VS. LARRANAGA
FACTS (talagang mahaba siya cause the details recounted by Rusia are
all important Lara): Mrs. Chiong was expecting her two daughters, Marijoy
and Jacqueline, to come home early. However, due to the rain their mother
suspected them to come home late. Later at night, Mrs. Chiong asked her two
sons to look for them. The two came home, reporting that they didnt find either
Marijoy or Jacqueline. Immediately, at 5AM, the Chiong family asked help from
the local police.

ISSUE: W/N there was conspiracy among the perpetuators.

HELD: Yes. The conspiracy was deduced from the manner the crime was
perpetuated. It can also be inferred from the acts of the accused. The
appellants actions showed that they had the intention to kidnap the Chiong
sisters since Rowen mentioned the big happening to Rusia.

After two days, a body of a young woman was found at the foot of a cliff in Tanawan, Carcar Cebu. The body was found lying on the ground. Attached to her
left wrist was a handcuff, while her pants were torn, shirt raised to her breasts,
bra pulled down, and her neck and face both covered in masking tape. Upon
hearing the news, the Chiong family headed to Tan-awan.

The Court affirmed the trial courts finding that the appellants indeed conspired
in the commission of the crimes.

Fast forward to ten months. Rusia, one of the many perpetrators decided to
break his silence due since his conscience couldnt take it anymore. He agreed
to re-enact the commission and act as a State witness for the crimes
perpetuated to the Chiong sisters.
PEOPLE VS. CUPINO
Rusia recounted that Rowen invited him to a big happening the afternoon
before the abduction. Rusia even added that Rowen said that their meeting
would be at Ayala Center Cebu, at exactly 2PM. In the evening, Rowen
returned with Josman. They met Rusia at the back exit of the mall and then
rode a white van. Rusia then noticed that a red car was following them.
Upon reaching Archbishop Reyes Ave., he saw two women standing at the
waiting shed. Josman stopped the white car and invited the Chiong sisters to
ride with them. The two women refused. Rowen grabbed Marijoy, while
Josman forced Jacqueline inside. The series of unfortunate events didnt
stop there. Jacqueline managed to get out of the car, but Josman chased her
and brought her back inside the van. Rowen then elbowed Jacqueline on the
chest and punched Marijoy on the stomach, to weaken both victims, having
them faint at the exact moment. Rowen then asked Rusia to get the packaging
tape and wrap it around the girls mouths. Rusia also negotiated to hire a van,
but nothing was available.

FACTS: During a celebration of a town fiesta at Cagayan de Oro, Ramon

Galos and Gromyko Valiente were having a heated argument in front of Dods
store, which was owned by a certain Piloton. After losing in the pula-puti game,
Ignacio Cupino and Vincent Dejoras arrived and a fistfight erupted. Cupino,
Dejoras, and Galos ganged up on Valiente.
Valiente fought back, but was obviously outnumbered. Valiente ran, but the trio
chased him. Galos caught up with Valiente and stabbed him with a bolo,
twice in his stomach. Even with the bolo still in his stomach (immortal, mga
bes), Valiente crawled along the pathway. Cupino pulled the bolo from the
victims body, and when he was about to stab Valiente, Dejoras tried to grab
the bolo and got injured in the process. Cupino continued to stab Valiente.
Valiente, seriously wounded, cried for help, and subsequently brought to a
hospital.

The cars sped to The Jozman Aznar Safehouse where the sisters were each
brought in separate rooms. After 15-20 minutes, the girls were brought back to
the white car and then headed to South Bus Terminal where the perpetrators
were able to hire a van driven by Alberto and conducted by Ariel.

ISSUE: W/N there was conspiracy between accused-appellants.

HELD: Yes. However, the conspiracy only existed between Cupino and Galos.
It was obvious that they had the same intention of killing Valiente. The
conspiracy on the part of Galos was seen from his act of grabbing Valiente and
stabbing him twice.

Rowen even bought barbeque and Tanduay Rhum before they headed to
Tan-awan. When they reached their destination, they parked near a
precipice, where they drank and had a pot session. Then, the men pulled

SBCA-SOL BLOCK B 2020 CRIM DIGESTS

With love, Rai Sot Sotello & Lara Murallos
PEOPLE VS. VENTURA

the kamalig, Factao aimed his gun at a hole and fired. Then, Factao and
Labroda sped towards the river. Luckily, the two didnt notice Vicente, but
Vicente quickly pulled up his pants and ran towards the hut. A certain Jose
Sermona also witnessed such.

FACTS: Jamie and Aileen Bocateja were asleep in their room at the first floor
of their house at Alunan-Yulo in Bacolod City. Their kids and niece were at
the second floor of their house, also in deep slumber. At around 2AM, both
Ventura and Flores woke Jamie up by pointing a revolver straight at Jaimes
face. The suspects were able to set foot in the house by cutting a hole in
the kitchen door.

While conversing with the others, Eduardo heard an explosion. He immediately

went outside and saw Tirso moving his head sideways. Eduardo then heard
Fernando pleading for help. Fernando asked to be brought to the hospital as he
was shot. Vicente rushed towards the hut and saw Fernando bathing in his own
blood. Then, they rode a jeep to Pedro Trono Memorial Hospital in Quimbal,
Iloilo.

Ventura then announced a hold-up, hit Jaime on the head with a gun, and
asked for his keys. Ventura continued to strike Jamie. Jamie called out for help
and tried to grab the revolver. Jaime almost succeeded, but Flores stabbed
Jamie thrice. Jamie then threw a plastic tool towards the glass window, and
after it broke, cried out for help. Suddenly, Aileen woke up and began
shouting, but Flores was able to successfully stab her.

ISSUE: W/N there was conspiracy.

HELD: Yes. Conspiracy between Factao and Labroda were adequately
established. The acts before and after the shooting show commonality in the
design. Vicente testified that while Factao was aiming his rifle, Labroda was
checking if there was anyone around.

The police brought the victims to the hospital. Aileen died, while Jaime was
able to survive.
ISSUE: W/N there was conspiracy between Ventura and Flores.
HELD: Yes. The intent of Ventura was clearly showed when he recounted the
reason behind his retaliation. He narrated in his testimony that when he arrived
in Negros Occidental his wife, Johanna, was wearing a ring. When Ventura
confronted his wife about it, Johanna admitted that Jaime was courting her. She
also explained that Jaimes wife discovered their affair and that that was the
reason why she got fired from her job. Since Flores knew where the Bocateja
household was, having been a former employee of the Bocateja family, Ventura
asked him to go with him to confront Jaime about his affair with Johanna.

PEOPLE VS. DAGANI

FACTS: On September 1989, within the compounds of PNR in Tondo,
Manila, Santiago and Dagani responded to a commotion in the canteen of
the said compound. Dagani attempted to restrain Javier, but Javier allegedly
drew a .22 caliber pistol, which he aimed at Dagani. Dagani attempted to
wrestle it away from Javier. Santiago then heard shots coming from inside the
canteen, so he hurriedly went in and saw the commotion. He got hold of
Javiers hands, having Santiago hit Javier twice, at the back of his neck
and on the torso. The two gunshots then caused Javiers death.

The accounts of the appellants show not only their intent to kill Jaime, but also
the calm and methodological manner they sought to carry out his murder. They
obviously have a deliberate plan to carry out a killing. Also, from the time the
appellants left Negros Occidental to their arrival at Bacolod City, the appellants
had sufficient time10 hoursto reflect on the consequences of their actions
and allow their conscience and better judgment to overcome the resolution of
their will and desist from carrying out their evil scheme.

ISSUE: W/N there was conspiracy.

HELD: No. The Court cannot hold that there was conspiracy in the case.
Dagani had shot Javier while being held by Santiago. It follows that the liability
of the accused must be determined on an individual basis.

PEOPLE VS. FACTAO

LI VS. PEOPLE

FACTS: Vicente Manolos, the Sardoma brothers, Rolando Nierves, and Noel
Serrano were in a kamalig near the seashore in San Joaquin Iloilo sometime
past 8PM. Vicente had the urge to poo, so he went beside a boat to relieve
himself. He then witnessed Juan Factao, who was then armed with a rifle,
and Albert Francis Labroda approach the hut. As the two men approached

FACTS: Few hours before the incident happened, Li and Arugay saw each
other. Li was bringing a bag full of liquor, and even asked Arugay to drink
with him. However, Arugay declined since he has work the next day.

SBCA-SOL BLOCK B 2020 CRIM DIGESTS

With love, Rai Sot Sotello & Lara Murallos
Fast forward to 1:15AM. While Arugay was watching TV with his sisters, dela
Camara (girlfriend), and Tan (one of his sisters boyfriend), he suddenly heard
noise coming from outside his house. When they checked it out, they saw Li
and Sangalang, both completely naked, taking a bath, and facing the
house of Arugay. Arugay got pissed, shouted at Li, to which Li retaliated to,
saying putang ina mo, lumabas ka, papatayin kita!

to give in exchange for her husband. It was granted, thus Leonida was able
to raise 1.2M. They finally agreed to meet at Magallanes flyover. The
kidnappers instructed her to open the hood of her car to seem like she was only
having engine trouble.
All this time, Leonida had been coordinating with task force habagat of the
PACC. Eight teams were formed to monitor such transaction. They also
instructed Leonida to wear a green dress so that she could easily be identified.

Arugay went outside (sinabi na ngang papatayin ka, lumabas ka pa). Li beat
Arugay on the head with a baseball bat, which caused Arugay to fall. Li ran
back to his house. While Li was still in his house, dela Camara and Tan
assisted Arugay back to his house, but Li emerged with a knife. Li then
stabbed Arugay. Randomly, Lis sister also struck dela Camara with a bolo.
Dela Camara, although wasnt sure, claimed that Sangalang also stabbed
Arugay.

When Leonida handed the blue Dunlop bag to the appellant, the Toyota
Corolla sped away. The appellant then gave Teofilo P300 for taxi money. But
then they were chased by task force habagat along EDSA towards Cubao (ulol
wala pa bang traffic noong 2003???).
ISSUE: W/N there was conspiracy.

Tan saw Arugay run towards the street after Arugay got stabbed. Li and
Sanggalang chased after Arugay. Tan and dela Camara wasnt able to witness
what happened to Arugay anymore.

HELD: Yes. Conspiracy may be deduced from the appellants acts. They
showed concerted actions and community of interest. Their acts, though
independent, were in fact connected and cooperative, indicating closeness of
personal association and concurrence of sentiment. Consequently, the
conspirators shall be held equally liable because in a conspiracy, the act of one
is the act of all.

ISSUE: W/N a conspiracy existed between Li and Sanggalang.

HELD: No. Spontaneity alone doesnt constitute conspiracy. Sanggalang was
only a direct participant in the crime. There was no evidence that would directly
establish the two into agreeing in doing or committing the same felony.

ARADILLOS VS. CA
PEOPLE VS. HAMTON

FACTS: In the afternoon of February 1992, two carpenters, Adonis Aradillos

and Albino Galabo, were on their way home from work when they saw an
uprooted idyok tree near the wooden bridge they usually pass on. Galabo
started cutting off the roots, but upon seeing them, Gloria who was apparently
drinking tuba with her brother-in-laws, started shouting insults at them. Gloria
and her brother-in-laws also threw stones at the petitioners. Subsequently,
Gloria grabbed the ax near Aradillos, with the intention of stopping Aradillos
from cutting the tree. Aradillos and Gloria struggled with the ax, to which
Aradillos accidentally hit Gloria. Aradillos and Galabo then headed to the purok
leader to report what happened.

FACTS: Teofilo and Leonida Garcia are owners of Garmer Industrial

Machines, sole distributor of Singer Sewing Machines. Around 11AM, Jun
Notarte and Reynold Yambot entered Garcias office and showroom, and
announced a hold-up. They took Teofilo into a light gray Mitsubishi Lancer,
shoved him to the backseat, and blindfolded him. They told him that they only
needed his money, thus they got his 200K-worth ring, 50K-worth bracelet,
50K-worth necklace, and his wallet which has P2,300 in it. When he was
being led out of the car, Leonida saw them. She immediately approached and
asked. The appellant hit her on the nose and pushed her away. The Lancer
sped with Teofilo in it. To prevent Teofilo from escaping, he was brought into a
house where he was confined in a room with no windows and his left wrist was
chained to an iron grill.

ISSUE: W/N there was conspiracy.

HELD: No. Conspiracy only exists when two or more persons come to an
agreement concerning the commission of a felony and decided to commit it.
Like the offense itself, conspiracy must be proved beyond reasonable doubt. It
has been held that neither joint nor simultaneous action is sufficient proof of
conspiracy. The simultaneous acts of petitioners were more of a spontaneous
reaction to what they perceived to be an aggression by Gloria rather than the
result of a common plan to kill the victim.

Manalo called Leonida to give them 10M in exchange for her husband, but
she told them that she couldnt afford it. They called again the next day.
Leonida admitted that she was only able to raise a little amount of money. The
next day, the kidnappers checked on her again. Leonida then asked for the
key of their safe from Teofilo, so that maybe she could have more money