Criminal Law,  Legally Yours

Del Castillo Case Doctrines (Criminal Law – Revised Penal Code Book 2)

Del Castillo Case Doctrines

Summaries of case doctrines penned by Justice Del Castillo.

Criminal Law Revised Penal Code Book 2

Crisostomo v. People
G.R. No. 171526, September 1, 2010

When a homicide takes place by reason or on the occasion of the robbery, all those who took part shall be guilty of the special complex crime of robbery with homicide whether or not they actually participated in the killing unless there is proof that they had endeavored to prevent the killing.

Gelig v. People
G.R. No. 173150, July 28, 2010

Proof that the accused committed the crime of direct assault does not necessarily prove that the same physical force employed on the victim also resulted in the crime of unintentional abortion.

Lagaya v. People
G.R. No. 176251, July 25, 2012

The defense of privileged communication in libel must prove that the statement must have been sent only to persons who have some duty in the matter alleged and who have the power to furnish the protection sought by the author of the statement.

Lopez y Aberasturi v. People
G.R. No. 172203, February 14, 2011

An allegation is considered defamatory if it ascribes to a person the commission of a crime, the possession of a vice or defect, real or imaginary, or any act or omission, condition, status, or circumstance which tends to dishonor or discredit or put him in contempt or which tends to blacken the memory of the one who is dead.

Malabunga, Jr. v. Cathay Pacific Steel Corporation
G.R. No. 198515, June 15, 2015

The company cannot accuse its employees of theft when the loss was caused by its failure to secure the company property from pilferage.

Masangkay v. People
G.R. No. 164443, June 18, 2010

A conviction for perjury cannot be obtained by merely showing the inconsistent or contradictory statements of the accused even if both statements are sworn. The prosecution must additionally prove which of the two statements is false by evidence other than the other contradictory statement.

Metropolitan Bank and Trust Company v. Reynado and Adrandea
G.R. No. 164538, August 9, 2010

The criminal liability for estafa is not affected by a compromise or novation of the contract. Reimbursement of or compromise as to the amount misappropriated, after the commission of the crime, affects only the civil liability of the offender, and not his criminal liability.

People v. Alfonso
G.R. No. 182094, August 18, 2010

Insertion of a finger into the genitalia of the victim constitutes rape by sexual assault.

People v. Asis y Lacson
G.R. No. 179935, April 19, 2010

Rape is punishable by death penalty if the crime is committed when the victim is under eighteen years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. However, with the passage of R 9346, the correct penalty to be imposed is reclusion perpetua.

People v. Banig
G.R. No. 177137, August 23, 2012
In rape cases, physical resistance from the victim is not necessary when force or intimidation attended the commission of the crime.

People v. Beduya
G.R. No. 175315, August 9, 2010

Abuse of superior strength is present whenever there is a notorious inequality of forces between the victim and the aggressor. The presence of two persons in attacking the victim does not per se establish that the crime was committed with abuse of strength.

People v. Cabungan
G.R. No. 189355, January 23, 2013

A delay in reporting a rape case for two months or longer cannot be taken against the rape victim. A rape charge becomes doubtful only when the delay or inaction in revealing its commission is unreasonable and unexplained.

People v. Crisostomo y Malliar
G.R. No. 196435, January 29, 2014

The gravamen of the crime of rape by sexual assault is the insertion of the penis into another person’s mouth or anal orifice, or any instrument or object, into another person’s genital or anal orifice.
In statutory rape, the law presumes that the victim does not and cannot have a will of her own on account of her tender years.

People v. Delfin
G.R. No. 190349, December 10, 2014

The use of a slingshot to threaten the victim into submission makes the sexual act rape.

People v. Dimachua
G.R. No. 191060, February 2, 2015

To establish the crime of murder, the killing must be attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code.

People v. Ending
G.R. No. 183827, November 12, 2012

Under Article 266-B of the Revised Penal Code, as amended by RA 8353 (Anti-Rape Law of 1997), the concurrence of minority and relationship qualifies the crime of rape. Both the minority and the relationship must be alleged in the Information and proved during the trial.

People v. Escoton
G.R. No. 183577, February 1, 2010

The penalty of death is proper when the accused is an uncle of the victim he raped. Nevertheless, in view of the prohibition of the imposition of death penalty under RA 9346, the proper penalty to be imposed is reclusion perpetua.

People v. Estrada
G.R. No. 178318, January 15, 2010

The allegation that the accused is a relative within the 3rd civil degree by consanguinity or affinity of the victim must be categorically stated in the Information in order to qualify the crime of rape. Otherwise, accused can only be convicted of the crime of simple rape.

People v. Gaduyon y Tapispisan
G.R. No. 181473, November 11, 2013

The sexual abuse of a minor may either constitute rape under the Revised Penal Code or a violation of RA 7610.

People v. Lomaque
G.R. No. 189297, June 35, 2013

In rape cases, the special qualifying circumstances of minority and relationship of the victim to the offender must be properly alleged in the information and subsequently proven in trial.

People v. Madeo
G.R. No. 176070, October 2, 2009

Knowledge by the accused of the mental disability of the victim is necessary to qualify the crime of rape under Article 266-B of the Revised Penal Code (Anti-Rape Law of 1997). Otherwise, the offender may only be held liable for simple rape.

People v. Martinez y Dulay
G.R. No. 158627, March 5, 2010

The elements for the crime of estafa are:
1) that the accused defrauded another by abuse of confidence or by means of deceit; and
2) the damage or prejudice suffered is capable of pecuniary estimation.

Criminal liability for estafa is not affected by the fact that a portion of the money was returned to the victim.

People v. Nachor
G.R.No. 177779, December 14, 2010

In incestuous rape, the father’s moral ascendancy and influence over his daughter sufficiently substitutes for force and intimidation.

People v. Napalit y De Guzman
G.R No. 181247, March 19, 2010

Attacking the victim from behind may constitute treachery even if the victim had been verbally warned moments before the attack. Thus, that the appellant shouted, “ano, gusto nyo, away?” immediately before stabbing the victim could not be deemed as a sufficient warning to the latter of the impending attack on his person.

People v. Nieles and Delos Reyes
G.R. No. 200308, February 23, 2015

The taking of an amount collected is presumed to be with intent to gain when there is failure to remit the same to the person entitled to it.

People v. Obogne
G.R. No. 199740, March 24, 2014

To be considered as a qualifying circumstance, knowledge of the accused of the rape victim’s mental disability at the time of the offense must be alleged and proved.

People v. Olesco y Andayang
G.R. No. 174861, April 11, 2011

Being sweethearts does not negate the commission of rape because such fact does not give the accused license to have sexual intercourse with the victim against her will, and will not exonerate him from the criminal charge of rape.

People v. Prodenciado
G.R. No. 192232, December 10, 2014

It is not incumbent upon the victim to establish the date when she was raped for purposes of convicting the perpetrator. In rape cases, the date of commission is not an essential element of the offense.

People v. Sales
G.R. No. 177218, October 3, 2011

The beating of a parent which results in the death of a minor is parricide. Parricide is committed when:
1) a person is killed;
2) the deceased is killed by the accused; and
3) the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimated other ascendant or other descendant, or the legitimate spouse of the accused.

People v. Sato
G.R. No. 190863, November 19, 2014

The accused in the crime of rape may be convicted solely upon the testimony of the victim.

People v. Suansing
G.R. No. 189822, September 2, 2013

Carnal knowledge of a woman suffering from mental retardation is rape despite lack of force or intimidation because her condition makes her incapable of giving consent to the carnal act.

People v. Torres y Nava, et. al.
G.R. No. 189850, September 22, 2014

To sustain a conviction for robbery with homicide, the prosecution must prove the following elements:
1) the taking of personal property belonging to another;
2) with intent to gain;
3) with use of violence or intimidation against a person; and
4) on the occasion or by reason of the robbery, the crime of homicide, as used in its generic sense, was committed.

People v. Venturina
G.R. No, 183097, September 12, 2012

The lack of any form of injury or fresh hymenal lacerations does not negate the commission of rape since physical injuries or hymenal lacerations are not essential elements of rape.

San Miguel Corporation v. Puzon, Jr.
G.R. No. 167567, September 22, 2010

There is no “taking” of a check belonging to another if there is no intent to give effect to the negotiable instrument since ownership of the check was not transferred to the person to whom it is delivered. The second element of theft is absent.

Tanenggee v. People
G.R. No. 179448, June 26, 2013
To produce the complex crime of estafa through falsification of commercial documents, the falsification must be a necessary means to commit estafa.

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