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In People vs. Flora and Flora, G.R. No. 125909, June 23, 2000, the
accused was convicted of two separate counts of murder: for the killing of
two victims, Emerita, the intended victim, and Ireneo, the victim killed
by a stray bullet. The Court, due to the presence of the aggravating
circumstance of treachery, qualified both killings to murder (People vs.
Adriano, G.R. No. 205228, July 15, 2015).
13. In Ysidoro vs. People, G.R. No. 192330, November 14, 2012, the
mayor, who applied ten boxes of food appropriated for feeding program to
the beneficiaries of shelter assistance program, is liable for technical
malversation. Mayor’s act, no matter how noble or miniscule the amount
diverted, constitutes the crime of technical malversation. Criminal intent
is not an element of technical malversation. The law punishes the act of
diverting public property earmarked by law or ordinance for a particular
public purpose to another public purpose. The offense is malum
prohibitum, meaning that the prohibited act is not inherently immoral
but becomes a criminal offense because positive law forbids its
commission based on considerations of public policy, order, and
convenience. It is the commission of an act as defined by the law and not
the character or effect thereof that determines whether or not the
provision has been violated. Hence, malice or criminal intent is
completely irrelevant. Dura lex sed lex.
19. In People vs. Abarca, G.R. No. 74433, September 14, 1987, upon
reaching home, the accused found his wife in the act of sexual intercourse
with the victim. When they noticed the accused, the wife pushed her
paramour who got his revolver. The accused who was then peeping above
the built-in cabinet in their room jumped and ran away. Immediately,
thereafter, the accused went to look for a firearm at Tacloban City.
Thereafter, he went back to his house with a firearm but he was not able
to find his wife and victim. He proceeded to the mahjong session where
he found the victim playing. Accused fired at the victim three times with
his rifle. The victim died. This is death under exceptional circumstance
although about one hour had passed between the time of discovery of
infidelity and killing. Article 247, in requiring that the accused "shall kill
any of them or both of them... immediately" after surprising his spouse in
the act of intercourse, does not say that he should commit the killing
instantly thereafter. It only requires that the death caused be the
proximate result of the outrage overwhelming the accused after chancing
upon his spouse in the act of infidelity. But the killing should have been
actually motivated by the same blind impulse, and must not have been
influenced by external factors. The killing must be the direct by product
of the accused's rage.
20. For purposes of Article 4 of the Revised Penal Code, death under
exceptional circumstance is not an intentional felony. In People vs.
Abarca, G.R. No. 74433, September 14, 1987, according to the Supreme
Court, Article 4 presupposes that the act done amounts to a felony. If the
act constitutes death under exceptional circumstances, and not murder,
the accused cannot be held liable for the injuries sustained by third
persons, who were hit by reason of mistake of blow, on the basis of Article
4. Accused was convicted of reckless imprudence resulting in physical
injuries.
24. The local accountable officers under this Code are those who
has possession or custody of local government funds because of the
nature of their functions or has participated in the use or application of
thereof (Zoleta vs. Sandiganbayan, G.R. No. 185224, July 29, 2015).
Mayor and treasurer have duty to participate in the release of funds. Their
signatures are needed to disburse municipal funds. No payment can be
effected without their signatures. They had control and responsibility
over the funds; hence, they are accountable officer (Manuel vs. Hon.
Sandiganbayan, G.R. No. 158413, February 08, 2012).
In Panganiban vs. People, G.R. No. 211543, December 09, 2015, the
Supreme Court ruled that a mayor with respect to cash advance cash
advance for an official travel that he did not undertake is not an
accountable officer since his duty is not to collect money or property
from the public.
25. Where the penis of the accused was inserted into and
withdrawn from victim’s vagina three times for purpose of changing
position (People vs. Aaron, G.R. Nos. 136300-02, September 24, 2002) or
two times for purpose of resting for 5 to 10 seconds (People v. Pinic, G.R.
No. 186395, June 8, 2011), the several penetrations motivated by a single
criminal intent to satisfy his lust in violation of single penal provision
(Article 266-A of RPC) constitute a continued crime of rape. But where the
penis of the accused was inserted into and withdrawn from victim’s
vagina three times for purpose of resting for 5 minutes, he satisfied his
lust every time he would withdraw his penis to rest. Since the three
penetrations were motivated by separate three criminal impulses to
satisfy his lust, the delito continuado principle is not applicable, and
hence, he is liable for three separate crimes of rape (People vs. Lucena, GR
No. 190632, February 26, 2014).
26. The elements of syndicated estafa under PD No. 1689 are: (a)
estafa or other forms of swindling under the Revised Penal Code is
committed; (b) it is committed by a syndicate of 5 or more persons; and
(c) defraudation results in the misappropriation of moneys contributed by
stockholders, or members of rural banks, cooperative, "samahang nayon,"
or farmers’ associations, or of funds solicited by
corporations/associations from the general public (People vs. Tibayan,
G.R. Nos. 209655-60, January 14, 2015).
The fact that the entity involved was not a rural bank, cooperative,
samahang nayon or farmers' association does not take the case out of the
coverage of PD No. 1689. The law applies to other corporations or
associations operating on funds solicited from the general public (People
vs. Balasa, G.R. No. 106357, September 3, 1998). Thus, the entity can be
a commercial bank (Galvez vs. Hon. CA, G.R. No. 187919, February 20,
2013).
31. In People vs. Figueroa, G.R. No. 186141, April 11, 2012, the
poseur-buyer showed shabu for sale to poseur buyer. The sale was aborted
when the police officers immediately placed accused under arrest. The
crime committed is attempted sale.
In People vs. Tumulak, G.R. No. 206054, July 25, 2016, accused
intended to sell ecstasy and commenced by overt acts the commission of
the intended crime by showing the substance to a police officer. Showing
a sample is an overt act of selling dangerous drugs since it reveals the
intention of the offender to sell it to the poseur-buyer. More importantly,
the only reason why the sale was aborted is because the police officers
identified themselves as such and placed accused under arrest - a cause
that is other than her own spontaneous desistance. Accused was
convicted of attempted sale of dangerous drugs.
In People vs. Burton, G.R. No. 114396, February 19, 1997, the
accused came from a hotel in Parañaque, where he stayed before he
checked in at the NAIA and was bound for Sydney, Australia. At the
departure area of the airport, authorities discovered dangerous drugs in
the two pieces of luggage of the accused. It was held that it is apparent
that he wanted to bring the prohibited drug from Parañaque to Sydney.
However, because he was not able to pursue his trip, he should be
considered only to have attempted to transport the prohibited drug to
Sydney.
In People vs. Dimaano, G.R. No. 174481, February 10, 2016, the
accused, who was caught in possession of dangerous drugs at the
departure area of Manila Domestic Airport was also convicted of
attempted transportation of dangerous drug. However, in People vs.
Jones, G.R. No. 115581, August 29, 1997, the accused was also caught in
possession of dangerous drugs at the departure area of NAIA, and yet, he
was convicted of consummated transportation of dangerous drugs. At any
rate, the penalty prescribed for transportation of dangerous drugs is the
same as that for attempted transportation of dangerous drugs.
32. To be held liable for estafa in relation to the Trust Receipt Law,
the accused must have the obligation to turn over the proceeds of sale of
the entrusted goods, or return the unsold goods to the entruster, but he
has violated this undertaking. Thus, the offender must have acquired the
goods for resale, and not for consumption. In this case, the accused is not
an importer or retail dealer, but one who received the goods to be used for
the fabrication of steel communication towers. Hence, the transaction
between the accused and the bank is simple loan, and not trust receipt.
Failure to perform obligation under this loan agreement is neither estafa
through misappropriation nor a violation of the trust receipt law. To rule
otherwise is to violate the constitutional provision on non-imprisonment
by reason of non-payment of debt (Ng vs. People, G.R. No. 173905, April
23, 2010; Colinares and Veloso vs. CA, G.R. No. 90828, September 5,
2000; Yang vs. People, G.R. No. 195117, August 14, 2013).