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PEOPLE V ACOSTA PEREZ V CA

Facts.
That on or about June 14, 1998 in the evening at Brgy. Pinmaludpod, FACTS:
Urdaneta City, and within the jurisdiction of this Honorable Court, the above- • March 25, 1988: Julita Tria was in the kitchen doing the dishes when
named accused Erasto Atto Acosta, Sr., Carlo Acosta, Richard Acosta, Adelmo Perez Y Agustin appeared at her back with unzipped shorts and bare
Sigfredo Acosta, Arnold Acosta, Avelino Acosta and Rosendo Tara, armed torso, embraced her and warned not to make a sound or he’ll kill her
with a piece of wood (dos por dos) with protruding nail, lead pipe, icepick • April 14, 1988 morning: After Julita was through with washing the dishes,
and bamboo pole with intent to kill, treachery and taking advantage of she proceeded to the bedroom to store away their, beddings. Suddenly
superior strength, conspiring with one another, did then and there wilfully Adelmo appeared pulling her by the hand, embraced her from behind and
(sic), unlawfully and feloniously box, hit, stab and maul NESTOR ADAJAR held her breasts. He pulled her to the bamboo bed, positioned himself on top
inflicting upon him which caused the instant death of said NESTOR of her and placed her hands behind her as he kissed her lips and neck. She
ADAJAR and thereafter accused Ambong Narte and Ernesto Erning Salazar tried to avoid his kisses by moving her head from side to side. As she was
well knowing of the commission of the criminal act of the above-mentioned pinned, he managed to insert his right hand inside her t-shirt and bra and
principal accused and without having participated therein, with the intention squeezed nipples. Then, he tried to raise her balloon-like skirt with his right
of concealing or destroying the body of the crime or the effects thereof in hand, inserted it inside her panty and while making up and down
order to prevent its discovery carried and brought the dead body of NESTOR motions. Adelm said: “Sige na, pagbigyan mo na ako.” She then cried out
ADAJAR and placed it on the pavement of the highway to give semblance “Inay”.
that the latter was a victim of a hit and run, to the damage and prejudice of • Eufemia Tria: She peeped into their window which was just a few meters
the heirs of said Nestor Adajar. from where she was and there saw her daughter Julita lying flat on a bamboo
bed with her skirt raised and Adelmo on top of Julita as her hands pinned
down. She then rushed to the room and found Adelmo hiding under the
bamboo bed. She thought of hacking him with a bolo but realized she
Issue. THE COURT A QUO GRAVELY ERRED IN FINDING THE couldn’t so she brought him to his parents’ house to tell them what happened.
• Dr. Emmanuel Cortez-Asuncion: extent of injuries sustained by her and
Held. The Court sustains the conviction of appellants for the crime of murder, that the slight physical injuries could have been caused by attempted rape
but the death penalty imposed by the trial court should be reduced • Adelmo: He invited Julita as they were already becoming intimate to the
to reclusion perpetua. room where they could not be seen by her mother. But, her mother called her
and went into the room. Sensing this, he stood up and hid under the bed.
APPELLANTS GUILTY BEYOND REASONABLE DOUBT OF THE
• RTC: Attempted rape
CRIME OF MURDER DESPITE INSUFFICIENCY OF EVIDENCE.
• CA: Affirmed
The trial court erred in awarding exemplary damages of P20,000.00. In
criminal offenses, exemplary damages as part of the civil liability may be ISSUE: W/N there is attempted rape
imposed when the crime was committed with one or more aggravating
circumstances.[80] In this case, no aggravating circumstances attended the HELD: NO. MODIFIED acts of lasciviousness
commission of the crime. Hence, the award of exemplary damages should be • Under Article 6 of the Revised Penal Code, there is an attempt when the
deleted. offender commences the commission of a felony directly by overt acts, and
does not perform all the acts of execution which should produce the felony
Further, the heirs of the victim are entitled to civil indemnity by reason of some cause or accident other than his own spontaneous
of P50,000.00, which needs no proof other than the commission of the desistance.
crime.[81] • In the crime of rape, penetration is an essential act of execution to produce
the felony. Thus, for there to be an attempted rape, the accused must have NO. Appellants are guilty of two counts of rape with forcible
commenced the act of penetrating his sexual organ to the vagina of the victim abduction absorbed in the former offense.
but for some cause or accident other than his own spontaneous desistance, the
penetration, however slight, is not completed. RATIO:
• There is no showing in this case that petitioner’s sexual organ had even
touched complainant’s vagina nor any part of her body. As to the crime committed by the appellants, the trial court correctly
• acts constitute acts of lasciviousness. The elements of said crime are: (1) held that forcible abduction is absorbed in the crime of rape if the main
that the offender commits any act of lasciviousness or lewdness; (2) that it is objective of the appellant is to rape the victim.
done (a) by using force and intimidation or (b) when the offended party is
deprived of reason or otherwise unconscious, or (c) when the offended party The appellants are charged of conspiring and confederating with
is under 12 years of age; and (3) that the offended party is another person of each other in the commission of the offense charged. No doubt the evidence
either sex. show the appellants through force and intimidation and conspiring with each
other successfully raped the victim by taking turns in raping her while the
other held the child of the victim and threatened her against resisting.
Obviously two (2) rapes were committed by the appellants. In a conspiracy
People vs. Godines the act of one is the act of all.

FACTS:
People v Bohos
Private complainant Esther Ancajas was awakened from her sleep GR no. L-40995; June 25, 1980
by a commotion emanating from an adjacent room. She lit a lamp and went
to the room to see for herself what was going on. She saw appellants Rolando FACTS
Godines and Danny Moreno talking to the spouses Vilaksi. Godines exacted Myrna dela Vega, 16 years old left her residential home at Kapabagan, Lanao
money from the couple and eventually hacked Milagros Vilaksi. Ancajas del Norte in the afternoon to see a movie. Eventually it was already in the
tried to escape with her child but she was grabbed by appellants. They evening when myrna left the movie house to go home. Myrna walked in the
dragged her and the child out of the house about 600 meters therefrom to a highway is the same route she usually takes in going home. By that time, the
vacant grassy lot. There, appellants took turns in having carnal knowledge of highway was already deserted and the people were already asleep. Suddenly
Ancajas under threats to kill the latter if she would resist. Ancajas took refuge she noticed four men \ approaching her. She tried to run away but she was
in the house of a neighbor where she fainted. When she regained immediately overtaken by the four en. A cargo truck bound for Iligan City
consciousness, she narrated to her neighbor the ordeal she went through. In was stopped and she was dragged along with it. The four men rode with her
an information, appellants were charged of forcible abduction with rape but at the rear of the truck. As two men held her arms, a handkerchief was then
was convicted by the RTC of rape only holding that forcible abduction is place inside her mouth. Her panty was removed and right there on the truck,
absorbed in the latter crime. one of men abused her sexually. The truck stopped at a house were se was
taken and raped again twelve times as te four me took turns in raping her three
ISSUE: times each. After that night, Myrna’s hands and feet wre tied. The following
morning however, the four men untied Myrna and each one again took turns
Whether or not the RTC erred in convicting appellants for rape only. in raping her. All in all Myrna was raped 17 times. Accused Felix Pakis
Teotimo Babanto, Eulalio Bohos and Agustin Nodado were found guilty of
RULING: 13 counts of complex crime of Forcible abduction with rape.
ISSUE 4
In its Comment/Manifestation, appellee, through the Office of the Solicitor
Whether or not the trial court was correct in ruling that the accused were
General, interposed no objection to the motion, finding the marriage to have
guilty of 13 counts of complex crime of forcible abduction with rape.
been contracted in good faith, and the motion to be legally in order.
HELD
NO. There was only one forcible abduction, with rape and that was the one The motion should be granted.
allegedly committed on the truck or jeep. Any subsequent acts of intercourse
in the house against her will would be only separate acts of rape and can no In cases of seduction, abduction, acts of lasciviousness, and rape, the
longer be considered separate complex crimes of forcible abduction with
rape. In other words, the crimes of rape should be detached from, and marriage of the offender with the offended party shall
considered independently of, that of forcible abduction with rape and,
therefore, the former can no longer be complexed with the latter.The crimes extinguish the criminal action or remit the penalty already imposed upon him.
thus proved to have been committed are forcible abduction with rape and x x x.”
sixteen (16) separate rapes attended by the aggravating circumstances of
superiority and use of a motor vehicle without any mitigating circumstance. On several occasions, we applied these provisions to marriages contracted
Thus, the judgment appealed from is modified in that Eulalio Bohos is 5
between the offender and the offended party in the crime of rape, as well as
sentenced to suffer not thirteen (13) but seventeen (17) death penalties 6
in the crime of abuse of chastity, to totally extinguish the criminal liability
of and the corresponding penalty that may have been imposed upon those
found guilty of the felony. Parenthetically, we would like to mention here that
prior to the case at bar, the last case bearing similar circumstances was
\ decided by this Court in 1974, or around 36 years ago.
PEOPLE V DE GUZMAN 7
Based on the documents, including copies of pictures taken after the
G.R. No. 185843. March 3, 2010. ceremony and attached to the motion, we find the marriage between appellant
and private complainant to have been contracted validly, legally, and in good
In the instant motion, appellant alleges that he and private complainant faith, as an expression of their mutual love for each other and their desire to
contracted marriage on August 19, 2009, solemnized by Reverend Lucas R. establish a family of their own. Given public policy considerations of respect
Dangatan of Jeruel Christ-Centered Ministries, Inc. at the Amazing Grace for the sanctity of marriage and the highest regard for the solidarity of the
Christian Ministries, Inc., Bldg. XI-A, Bureau of Corrections, Muntinlupa family, we must accord appellant the full benefits of Article 89, in relation to
1 Article 344 and Article 266-C of the
City. Attached to the motion is the pertinent Certificate of Marriage and a
joint sworn statement executed by appellant and The motion was granted and the appellant Ronie de Guzman was absolved of
the two (2) counts of rape against private complainant Juvilyn Velasco, on
private complainant, attesting to the existence of a valid and legal marriage account of their subsequent marriage, and is ordered released from
between them. Appellant, thus, prays that he be absolved of his conviction imprisonment.
for the two counts of rape and be released from imprisonment, pursuant to
3
Article 266-C of the Revised Penal Code Domingo vs. Rayala (596 SCRA 90)
Domingo vs. Rayala environment for the employee.
546 Scra 90
even if we were to test Rayala’s acts strictly by the standards set in Section
Facts: 3, RA 7877, he would still be administratively liable. It is true that this
Ma. Lourdes T. Domingo (Domingo), then Stenographic Reporter III at the provision calls for a “demand, request or requirement of a sexual favor.” But
NLRC, filed a Complaint for sexual harassment against Rayala, the chairman it is not necessary that the demand, request or requirement of a sexual favor
of NLRC. be articulated in a categorical oral or written statement. It may be discerned,
She alleged that Rayala called her in his office and touched her shoulder, part with equal certitude, from the acts of the offender. Holding and squeezing
of her neck then tickled her ears. Rayala argued that his acts does not Domingo’s shoulders, running his fingers across her neck and tickling her
constitute sexual harassment because for it to exist, there must be a demand, ear, having inappropriate conversations with her, giving her money allegedly
request or requirement of sexual favor. for school expenses with a promise of future privileges, and making
statements with unmistakable sexual overtones – all these acts of Rayala
Issue: resound with deafening clarity the unspoken request for a sexual favor.
Whether or not Rayala commit sexual harassment.
ANTONE V. BERONILLA
Rulings:
Yes. FACTS:

The law penalizing sexual harassment in our jurisdiction is RA 7877. Section


Myrna Antone alleged in her Affidavit-Complaint,filed in March 2007, that
3 thereof defines work-related sexual harassment in this wise: she and Leo were married in 1978. However, Leo contracted a second
Sec. 3. Work, Education or Training-related Sexual Harassment Defined. – marriage with CecileMaguillo in 1991. The prosecution filed the Information
Work, education or training-related sexual harassment is committed by an
in the Regional Trial Court (RTC) in a criminal case of Bigamy.
employer, 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 Pending the setting of the case for arraignment, Leo moved to quash the
environment, demands, requests or otherwise requires any sexual favor from Information on the ground that the facts charged do not constitute an offense
the other, regardless of whether the demand, request or requirement for because his marriage with Myrna was declared null and void as of April 2007
submission is accepted by the object of said Act. and became final and executory on May 2007. Leo argues that since the
(a) In a work-related or employment environment, sexual harassment is marriage had been declared null and void from the beginning, there was
committed when: actually no first marriage to speak of. Thus, absent the first marriage, the facts
(1) The sexual favor is made as a condition in the hiring or in the employment, alleged in the Information do not constitute the crime of bigamy. The
re-employment or continued employment of said individual, or in granting prosecution argued that the marriage of Myrna and Leo on 1978 was not
said individual favorable compensation, terms, conditions, promotions, or severed prior to his second marriage on 1991, for which bigamy has already
privileges; or the refusal to grant the sexual favor results in limiting, been committed before the court declared the first marriage null and void on
segregating or classifying the employee which in a way would discriminate, 2007.
deprive or diminish employment opportunities or otherwise adversely affect
said employee; The RTC sustained the motion to quash relying on Morigo v.
. (2) The above acts would impair the employee’s rights or privileges under People. Similarly, the Court of Appeals dismissed the petition for certiorari.
existing labor laws; or
. (3) The above acts would result in an intimidating, hostile, or offensive ISSUE:
Whether a subsequent declaration of nullity of the first marriage only after ‘prepared’, but Dr. Macaspac would not answer and instead asked
contracting the subsequent marriage is immaterial in the crime of bigamy. for clarification.
 Petitioner then said, “I doubt how did you become a doctor.” Dr.
HELD:Yes. Macaspac thus instituted a complaint for slander against petitioner.
 Petitioner filed a motion to quash on the ground that "the facts
charged do not constitute an offense."
RULING: Article 40 of the Family Code has reversed the previous ruling
 Respondent Judge denied the motion to quash, as well as the motion
of People v. Mendoza (under the Civil Code) declaring that: (a) a case for
bigamy based on a void abinitio marriage will not prosper because there is for reconsideration raising the ground that the court has no
no need fora judicial decree to establish that a void ab initiomarriage is jurisdiction because the facts charged in the information are
privileged communication.
invalid; and (b) a marriage declared void ab initio has retroactive legal effect
 Petitioner contended that the statement did not constitute an offense
such that there would be no first valid marriage to speak of after all, which
since it was uttered during cross-examination, and that utterances
renders the elements of bigamy complete.
made in the course of judicial proceedings are absolutely privileged.
In fact, this was exhaustively discussed in Mercado v. Tan. It stated that, SUBSTANTIVE ISSUES
under the Family Code a subsequent judicial declaration of the nullity of the Issue: WON statements uttered in the course of judicial proceedings are
first marriage is immaterial in a bigamy case because, by then the crime had absolutely privileged and exempt from liability in libel or slander cases
already been consummated. Otherwise stated, a person who contracts a Held: YES
subsequent marriage absent a prior judicial declaration of nullity of a previous Ratio: Utterances made in the course of judicial or administrative
marriage is guilty of bigamy. proceedings are absolutely privileged in aid and for the advantage of the
administration of justice, so that members of the legislature, judges, jurors,
While, Morigo v. People was promulgated after Mercado, the facts are lawyers and witnesses may speak freely and exercise their respective
different. In Mercado, the first marriage was actually solemnized, although functions without incurring the risk of a criminal prosecution or action for
later declared void ab initio. While in Mendoza, no marriage ceremony was damages.
performed by a duly authorized solemnizing officer, because what occurred
was a mere signing of a marriage contract through a private act. Thus, there  Absolute privilege is defined as “In this class of cases it is
is no need to secure a judicial declaration of nullity before Morigo can considered in the interest of public welfare that all persons should
contract a subsequent marriage. The ruling of Morigo is not applicable to this be allowed to express their sentiments and speak their minds fully
case. and fearlessly upon all questions and subjects; and all actions for
words so spoken are absolutely forbidden, even if it be alleged and
Malit v. People proved that the words were spoken falsely, knowingly and with
GR No. L-58681 express malice.”
Facts:  Where the libelous or slanderous words published in the course of
 Petitioner Alfredo Malit was Ruth Fernandez’s counsel in an judicial proceedings are connected with, or are relevant, pertinent or
administrative case filed against her by Dr. Corazon Macaspac. material to, the cause in hand or subject of inquiry, they may be
During the hearing, Dr. Macaspac identified certain exhibits on the considered privileged communication, and the counsel, parties or
witness stand. witnesses are exempt from liability.
 On cross-examination, petitioner asked Dr. Macaspac if she knew  The courts are inclined to be liberal as to the degree of relevancy or
who “made” a certain exhibit, to which she replied that she did not pertinence required to make the alleged defamatory matter
understand the word “made”. Petitioner tried to explain that it meant privileged. For it not to be covered by privilege, it must be so
palpably wanting in relation to the subject matter of the controversy the Mindalano name and reputation, and thus interposed a claim for the award
that no reasonable man can doubt its irrelevance and impropriety. In of moral and exemplary damages, attorney's fees, and litigation expenses, all
the instant case, the utterance was made when Dr. Macaspac would in the aggregate amount of P2,350,000.00. Reacting to the complaint,
not answer and repeatedly evaded the question posed to her and thus Bulletin, et. al. filed on 6 August 1986 a Motion to Dismiss urging that (a)
is relevant. venue had been improperly laid, (b) the complaint failed to state a cause of
action, and (c) the complainants lacked the capacity to bring the suit. In an
Dispositive: Order dated 30 October 1986, however, Judge Edilberto Noel (Presiding
TC orders reversed. Respondent ordered to desist and refrain from proceeding Judge of Branch VIII of the Regional Trial Court, 12th Judicial Region with
with the trial of the criminal case. station in Marawi City) denied the Motion to Dismiss and directed Bulletin,
et. al. to file their answer to the complaint. Bulletin, et. al. filed the petition
Bulletin Publishing Corp. v. Noel for certiorari and prohibition with the Supreme Court.

Facts: Issue:
 On 3 July 1986, 21 persons claiming to be the nearest relatives of the late Whether the Bulletin’s article, which did not include the late Amir Mindalano
Amir Mindalano, suing on their own behalf and on behalf of the entire as a member of a royalclan, be considered defamatory.
Mindalano clan of Mindanao, filed a Complaint for damages (Civil Case
81-86) before Branch 8 of the Regional Trial Court of Marawi City Held:
charging the Bulletin Publishing Corp. represented by its President,  It is axiomatic in actions for damages for libel that the published work
Martin Isidro and its Publisher, Apolonio batalla, Ben F. Rodriguez, Fred alleged to contain libelous material must be examined and viewed as a whole.
J. Reyes, Jamil Maidan Flores, et. al. with libel. The Mindalanos' action In its entirety, the subject article "A Changing of the Guard" is in essence a
was anchored on a feature article written by Flores entitled "A Changing popular essay on the general nature and character of Mindanao politics and
of the Guard," which appeared in the 22 June 1986 issue of Philippine the recent emergence of a new political leader in the province of Lanao del
Panorama, a publication of Bulletin Publishing Corporation. In Sur. The essay is not focused on the late Amir Mindalano nor his family. Save
particular, exception was taken to the following excerpt: "The division in the excerpts complained about, the name of the Mindalano family or clan
of Lanao into Sur and Norte in 1959 only emphasized the feudal nature is not mentioned or alluded to in the essay. The identification of Amir
of Maranaw politics. Talk of Lanao politics and you find yourself Mindalano is thus merely illustrative or incidental in the course of the
confined to a small circle of the Alonto, Dimaporo, Dimakuta, Dianalan, development of the theme of the article. The language utilized by the article
Lucman families and a few more. These are big, royal families. If you in general and the above excerpts in particular appears simply declaratory or
are a Maranaw with aspirations for political leadership, you better be a expository in character, matter-of-fact and unemotional in tone and tenor. No
certified bona fide member of one or several of these clans. xxx About derogatory or derisive implications or nuances appear detectable at all,
the only time that one who was not of any royal house became a leader however closely one may scrutinize the above excerpts. There is no evidence
of consequence in the province was during the American era when the of malevolent intent either on the part of the author or the publisher of the
late Amir Mindalano held some sway. article in the quoted excerpts. Further, although the Court takes judicial notice
 They alleged that, contrary to the article, the Mindalanos "belong to no of the fact that titles of royalty or nobility have been maintained and appear
less than 4 of the 16 Royal Houses of Lanao del Sur," that the statement that to be accorded some value among some members of certain cultural groups
the late Amir Mindalano, grand patriarch of the Mindalano clan, had lived in our society, such titles of royalty or nobility are not generally recognized
with an American family, a statement which, they alleged, apart from being or acknowledged socially in the national community. No legal rights or
absolutely false, "has a distinct repugnant connotation in Maranao society." privileges are contingent upon grant or possession of a title of nobility or
Contending finally that Bulletin, et. al. had with malice inflicted "so much royalty and the Constitution expressly forbids the enactment of any law
damage upon the social standing of the plaintiffs" as to "irreparably injure" conferring such a title. Thus, the status of a commoner carries with it no legal
disability. Assuming for present purposes only the falsity (in the sense of (PEPCI). PEPCI was aplanholders of Pacific Plans, Inc. (PPI) owned by the
being inaccurate or non-factual) of the description in the Panorama article of the Yuchengco family. PPI refused to honor its obligations to PEPCI which
Amir Mindalano as not belonging to a royal house, the Court believes that the latter created and maintained different websites which tend to be the
such a description cannot in this day and age be regarded as defamatory, as forum for redress by the planholders. These websites are easily accessible to
an imputation of "a vice or defect," or as tending to cause "dishonor, discredit the public or by anyone logged on to the internet. Gimenez alleged that upon
or contempt," or to "blacken the memory of one who is dead" in the eyes of accessing such websites by the PEPCI in Makati, he was appalled to read
an average person in our community. The above excerpts complained of do numerous articles, maliciously and recklessly caused to be published by [the
not disparage ar deprecate Maranao titles of royalty or nobility, neither do accused] containing highly derogatory statements and false accusations,
they hold up to scorn and disrespect those who, Maranao or not, are relentlessly attacking the Yuchengco Family. The Makati City Prosecutor’s
commoners. There is no visible effort on the part of Bulletin, et. al. to cast Office find pobable cause and charge them with libel. Petitioners moved to
contempt and ridicule upon an institution or tradition of members of a cultural quash the Amended Information[25] which, they alleged, still failed to vest
or ethnic minority group, an "indigenous cultural community" in the language jurisdiction upon the public respondent because it failed to allege that the
of the Constitution, whose traditions and institutions the State is required to libelous articles were “printed and first published” by the accused
respect and protect. What the Mindalanos assert is defamatory is the simple in Makati; and the prosecution erroneously laid the venue of the case in the
failure to ascribe to the late Amir membership in a Maranao royal house, the place where the offended party accessedthe internet-published article.
ascription, in other words, to him of a factual condition shared by the ISSUE:
overwhelming majority of the population of this country, both Maranao and W/N venue of internet-published article libel is where the offended party
non-Maranao, Muslim and non-Muslim. In a community like ours which is accessed the libellous article
by constitutional principle both republican in character and egalitarian in HELD:
inspiration, such an ascription, whether correct or not, cannot be defamatory. No. in this situation there is no need to embark on a quest to determine
Furthermore, personal hurt or embarassment or offense, even if real, is not, with precision where the libelous matter was printed and first published.
however, automatically equivalent to defamation. The law against It is clear that the venue of libel cases where the complainant is a private
defamation protects one's interest in acquiring, retaining and enjoying a individual is limited to only either of two places, namely: 1) where the
reputation "as good as one's character and conduct warrant" in the community complainant actually resides at the time of the commission of the offense; or
and it is to community standards — not personal or family standards — that 2) where the alleged defamatory article was printed and first published. The
a court must refer in evaluating a publication claimed to be defamatory. Information in the present case opted to lay the venue by availing of the
Hence, the article "A Changing of the Guard" is clearly one of legitimate second. Thus, it stated that the offending article “was first published
public interest. The newspaper in the exercise of freedom of speech and of and accessed by the private complainant in Makati City.” In other words, it
the press have kept well within the generally accepted moral and civil considered the phrase to be equivalent to the requisite allegation of printing
standards of the community as to what may be characterized as defamatory. and first publication.
The complaint in the court below failed to state a cause of action and should Republic Act No. 4363 was enacted to prevent the accused from
have been dismissed by the Judge. harrasment. It lays down specific rules as to the venue of the criminal
action so as to prevent the offended party in written defamation cases
BONIFACIO vs RTC of Makati branch 149 G.R. No. 184800 from inconveniencing the accused by means of out-of-town libel suits,
meaning complaints filed in remote municipal courts
FACTS: Clearly, the evil sought to be prevented by the amendment to Article 360 was
Private respondent Jessie John P. Gimenez[3] (Gimenez) filed on behalf of the the indiscriminate or arbitrary laying of the venue in libel cases in distant,
Yuchengco Family and of the Malayan Insurance Co., Inc. (Malayan), [4] a isolated or far-flung areas, meant to accomplish nothing more than harass or
criminal complaint, for thirteen (13) counts of libelunder Article 355 against intimidate an accused. The disparity or unevenness of the situation becomes
officers, trustees, and members of Parents Enabling Parents Coalition, Inc. even more acute
The same measure cannot be reasonably expected when it pertains to HELD: This ruling is a mere reiteration of previous pronouncements made
defamatory material appearing on a website on the internet as there would be by this Honorable Court in People v. Santos, 98 Phil. 11 and Mangila v.
no way of determining the situsof its printing and first publication. To credit Lantik, 30 SCRA 82. Still for another reason, assuming arguendo that
Gimenez’s premise of equating his first access to the defamatory article on adultery which is a private crime, and prostitution which is a public crime,
petitioners’ website in Makati with “printing and first publication” would are both imputed to complainant, criminal action may still be instituted
spawn the very ills that the amendment to Article 360 of the RPC sought to without her complaint because public interest, which is always paramount to
discourage and prevent. It hardly requires much imagination to see the chaos private interest, so requires (People v. Yu, 1 SCRA 199).
that would ensue in situations where the website’s author or writer, a blogger It must be noted that it is only when derogatory remarks clearly and
or anyone who posts messages therein could be sued for libel anywhere in categorically reflect the elements constituting adultery would the complaint
the Philippines that the private complainant may have allegedly accessed the for libel by the offended party be necessary to commence prosecution (People
offending website. v. Padilla, 105 Phil. 45). In this case, however, the derogatory remarks of
accused-respondent, not only do not clearly show the elements of adultery,
but on the contrary, such remarks indubitably impute the crime of
PEOPLE V JUDGE ORCULLO prostitution. Therefore, the information for libel can be filed without the
complaint of the offended party.
The petition alleges that on September 4, 1978, a special counsel in the Office Indeed, the words quoted in the information are indubitably an imputation of
of the City Fiscal of Cagayan de Oro City filed an information with the City the crime of prostitution which can be prosecuted de oficio.
Court of Cagayan de Oro, Branch I, charging the respondent Venida the petition is granted, the order dismissing Criminal Case No. 40117 of the
Peralta alias Edat Peralta with oral defamation committed as follows: City Court of Cagayan de Oro City is set aside, and the respondent judge,
That on or about August 17, 1978, at 7:00 o'clock in the evening, at Hon. Antonio A. Orcullo, is ordered to reinstate said criminal case and to try
Gumamela Extension Street, Carmen, Cagayan de Oro City, Philippines, the same on the merits.
and within the jurisdiction of this Honorable Court, the above-named
accused, with deliberate intent to cast undue shame, public ridicule, Socorro Ramirez vs Court of Appeals
discredit, disrepute and contempt against one Lydia Flores, did then and
there wilfully, unlawfully and feloniously speak and shouted the Facts:
following words towards the latter: "Hostess ug nangabit, bisan unsa lang A civil case for damages was filed by petitioner Socorro Ramirez in the RTC
oten and nakapaslak "; which approximately means in English.- "A of Quezon City alleging that the private respondent, Ester Garcia, in a
hostess and has a paramour, any kind of penis had penetrated your confrontation in the latter’s office, allegedly vexed, insulted and humiliated
vagina", or words of similar import, directed to the said Lydia Flores, in her in a “hostile and furious mood” and in a manner offensive to petitioner’s
the presence and with the hearing of many people, well-knowing that dignity and personality, “contrary to morals, good customs and public
what she uttered were not only defamatory but downright false, causing policy.”
the offended party by said utterance to suffer undue shame, public
ridicule, disrepute, discredit and contempt, to the great damage and In support of her claim, petitioner produced a verbatim transcript of the event.
prejudice of the said Lydia Flores. The transcript on which the civil case was based was culled from a tape
Contrary to Article 358 of the Revised Penal Code. recording of the confrontation made by petitioner.
As a result of petitioner’s recording of the event and alleging that the said act
ISSUE: whether the derogatory remarks — "A hostess and has a paramour, of secretly taping the confrontation was illegal, private respondent filed a
any kind of penis had penetrated your vagina" — imputes adultery or criminal case before the RTC of Pasay City for violation of RA 4200, entitled
prostitution. “An Act to Prohibit and Penalize Wiretapping and Other Related Violations
of Private Communication, and Other Purposes.”
Upon arraignment, in lieu of a plea, petitioner filed a Motion to Quash the Their son Richard intervened & for that reason appellant got his shotgun and
Information on the ground that the facts charged do not constitute an offense
particularly a violation of RA 4200. The trial court granted the Motion to shot Richard 

Quash, agreeing with petitioner.
From the trial court’s Order, the private respondent filed a Petition for Review Ricardo ran but eventually surrendered to the barangay
on Certiorari with this Court, which forthwith referred the case to the CA.
captain who accompanied him 
 to the police authorities 

Respondent Court of Appeals promulgated its assailed Decision declaring the
trial court’s order null and void.
Richard dies at Region I Medical Center at Dagupan
Issue: City 
 Crime: Parricide 
 Contention of the Accused:
 While he
W/N RA 4200 applies to taping of a private conversation by one of the parties
to a conversation. was cleaning his homemade shotgun which he intended to bring to
night patrol 
 in their barangay, the gun accidentally went off &
Held: Section 1 of RA 4200 clearly and unequivocally makes it illegal for
any person, not authorized by all parties to any private communication, to Richard’s buttock was hit. (Accidental shooting) 
 Appellant
secretly record such communication by means of a tape recorder. The law contends that since he was only negligent, he should have been
makes no distinction as to whether the party sought to be penalized by the
convicted, not of parricide, but only of reckless imprudence
statute ought to be a party other than or different from those involved in the
private communication. The statute’s intent to penalize all persons resulting in homicide. 

unauthorized to make such recording is underscored by the use of qualifier
“any.” Consequently, as respondent CA correctly concluded, “even a Issue: whether or not the accused is guilty of reckless imprudence resulting
(person) privy to a communication who records his private conversation with
another without the knowledge of the latter (will) qualify as a violator under to homicide.
this provision of RA 4200.
Held: In the case at bar, appellant got his shotgun and returned to the
The unambiguity of the express words of the provision therefore plainly kitchen to shoot his son, 
 who had intervened in the quarrel
supports the view held by the respondent court that the provision seeks to
penalize even those privy to the private communications. Where the law between the former and Conchita. It must also be pointed out that
makes no distinctions, one does not distinguish. the firearm was a shotgun that would not have fired off without first
being cocked. Undoubtedly, appellant cocked the shotgun before
discharging it, showing a clear intent to fire it at someone. 


People vs Agliday, 367 SCRA 273 GR no. 140794 (October 16, 2001) Reckless imprudence consists of voluntarily doing or failing to do,
without malice, an act from which material damage results by reason
Facts: Conchita & Ricardo quarreled over former’s working as a of an inexcusable lack of precaution on the part of the person
laundrywoman 
 performing or failing to perform such act. 
 Appellant’s external
acts prove malice or criminal intent. A deliberate intent to do an
unlawful act is inconsistent with reckless imprudence. 
 Ruling:
The appeal is denied & the lower court’s decision has been affirmed.

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