Case: (A3) Intestate Estate of Gonzales v. People G.R. No.

181409

Topic: Positivist and classical theories /construction of Penal laws/pro reo/equipoise rule

IMPORTANT LEGAL DOCTRINES/PROVISIONS OF LAW DISCUSSED (USE KEY

WORDS/MNEMONICS, IF APPLICABLE): The fundamental principle in applying and in
interpreting criminal laws is to resolve all doubts in favor of the accused. In dubio pro reo.
When in doubt, rule for the accused. This is in consonance with the constitutional guarantee
that the accused shall be presumed innocent unless and until his guilt is established beyond
reasonable doubt.

in dubio pro reo, the rule applies when the court is faced with two possible interpretations of a
penal statute, one that is prejudicial to the accused and another that is favorable to him. The
rule calls for the adoption of an interpretation which is more lenient to the accused.

Facts: Respondent William Sato, by means of deceit, did, then and there, wilfully, unlawfully
and feloniously defraud the deceased mother in the following manner, to wit: the said accused
induced said deceased, who was already then blind and 79 years old, to sign and thumb mark a
special power of attorney the daughter of said accused, making her believe that said document involved
only her taxes, accused knowing full well that said document authorizes his minor daughter to
sell, assign, transfer or otherwise dispose of to any person or entity of her properties all located
at Tagaytay City. The duly appointed administratrix of petitioner intestate estate of her
deceased mother, filed a complaint-affidavit for estafa against the accused (her brother-in-law,
a Japanese national). The accused moved for the quashal of the Information, claiming that
under Article 332 of the Revised Penal Code, his relationship to the person allegedly defrauded,
the deceased who was his mother-in-law, was an exempting circumstance. The trial court
granted Satos motion and ordered the dismissal of the criminal case. The petition for certiorari
with CA was likewise dismissed. Hence, this petition.

Issue: Whether or not the relationship by affinity created between the husband and the blood
relatives of his wife (as well as between the wife and the blood relatives of her husband)
dissolved by the death of one spouse, thus ending the marriage which created such relationship
by affinity?

Ruling: No. Relationship by affinity between the surviving spouse and the kindred of the
deceased spouse continues even after the death of the deceased spouse, regardless of whether
the marriage produced children or not. While it is true that the death of Zenaida Carungcong-
Sato has extinguished the marriage of accused with her, it does not erase the fact that accused
and Zenaidas mother, herein complainant, are still son[-in-law] and mother-in-law and they
remained son[-in-law] and mother-in-law even beyond the death of Zenaida.
.Case: (D2) Liang vs. People, G. R. NO. 125865

Topic: GENERALITY/presidential immunity /Principles of international law

IMPORTANT LEGAL DOCTRINES/PROVISIONS OF LAW DISCUSSED (USE KEY

WORDS/MNEMONICS, IF APPLICABLE): The Vienna Convention on Diplomatic Relations, a
diplomatic agent, assuming petitioner is such, enjoys immunity from criminal jurisdiction of the
receiving state except in the case of an action relating to any professional or commercial
activity exercised by the diplomatic agent in the receiving state outside his official functions;
the commission of a crime is not part of official duty

Facts: Petitioner Jeffrey Liang, an economist working with the Asian Development Bank (ADB) ,
was charged before the MeTC of Mandaluyong with two counts of grave oral defamation for
allegedly uttering defamatory words against a fellow ADB worker. Liang was arrested but later
released. The next day, the judge received an "office of protocol" from the Department of
Foreign Affairs (DFA) stating that Liang is covered by immunity from legal process under Section
45 of the Agreement between the ADB and the Philippine Government. Based on the said
protocol communication, the judge, without notice to the prosecution, dismissed the two
criminal cases. The RTC set aside the MeTC ruling and ordered the latter court to enforce the
warrant of arrest it earlier issued. Liang appealed arguing that he is covered by immunity under
the Agreement.

Issue: Whether or not Liang is covered with immunity from legal process under Section 45 of
the Agreement between the ADB and the Philippine Government?

Ruling: No. The immunity mentioned under section 45 of the Agreement is not absolute but
subject to the exception that the act was done in "official capacity." It is therefore necessary to
determine if petitioners case falls within the ambit of Section 45(a). Thus, the prosecution
should have been given the chance to rebut the DFA protocol and it must be accorded the
opportunity to present its controverting evidence, should it so desire.
Likewise, slandering a person could not possibly be covered by the immunity agreement
because our laws do not allow the commission of a crime, such as defamation, in the name of
official duty. It is well-settled principle of law that a public official may be liable in his personal
private capacity for whatever damage he may have caused by his act done with malice or in bad
faith or beyond the scope of his authority or jurisdiction.
Moreover, under the Vienna Convention on Diplomatic Relations, a diplomatic agent, assuming
petitioner is such, enjoys immunity from criminal jurisdiction of the receiving state except in the
case of an action relating to any professional or commercial activity exercised by the diplomatic
agent in the receiving state outside his official functions. As already mentioned above, the
commission of a crime is not part of official duty.