Austria v. AAA and BBB, G.R. No. 205275, [June 28, 2022]

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Austria v. AAA and BBB

 G.R. No. 205275, [June 28, 2022]

EN BANC, LOPEZ, M.V 

Double Jeopardy; legal personality to appeal despite Acquittal; OSG Intervention 

The private offended party may file an appeal without the intervention of the OSG, but only insofar as the civil liability of the accused is concerned. Also, the private complainant may file a special civil action for certiorari even without the intervention of the OSG, but only to the end of preserving his or her interest in the civil aspect of the case.No violation of double jeopardy in assailing a decision rendered in grave abuse of discretion amounting to lack or excess of jurisdiction.

 

Austria, a pubic school teacher, was convicted of 5 counts of acts of lasciviousness against two 11-year-old female students. On his motion for reconsideration, he was acquitted by the new presiding judge who resolved the motion. The private complainants a motion for reconsideration, but the same was denied. Thus, the private complainants filed a special civil action for certiorari Rule 65 to the CA. They alleged that the new presiding judge committed grave abuse of discretion in rendering the Joint Orders of acquittal which merely recited the contents of the accused's motion for reconsideration without stating any factual and legal basis. The CA declared the judgment of acquittal as void and that double jeopardy did not attach. 

Austria filed a petition with the SC, invoking his right against double jeopardy and claiming that the private complainants had no legal personality to question his acquittal. The SC required the Office of the Solicitor General to file a comment on the private complainants’ legal standing in a criminal case.  The OSG gave its conformity to the petition for certiorari that private complainants filed before the CA. The OSG argued that the trial court's Joint Orders were void for failure to state clearly the factual and legal bases of Austria's acquittal. 

 

Whether the private complainants had the legal personality to question the acquittal of the accused. 

NO. "In any criminal case or proceeding, only the OSG may bring or defend actions on behalf of the Republic of the Philippines, or represent the People or State before the Supreme Court (SC) and the CA. This is explicitly provided under Section 35(1), Chapter 12, Title III, Book III of the 1987 Administrative Code of the Philippines.

"The rationale behind this rule is that in a criminal case, the state is the party affected by the dismissal of the criminal action and not the private complainant. The interest of the private offended party is restricted only to the civil liability of the accused. In the prosecution of the offense, the complainant's role is limited to that of a witness for the prosecution such that when a criminal case is dismissed by the trial court or if there is an acquittal, an appeal on the criminal aspect may be undertaken only by the State through the OSG.  The private offended party may not take such appeal, but may only do so as to the civil aspect of the case. Differently stated, the private offended party may file an appeal without the intervention of the OSG, but only insofar as the civil liability of the accused is concerned. Also, the private complainant may file a special civil action for certiorari even without the intervention of the OSG, but only to the end of preserving his or her interest in the civil aspect of the case.

While the private complainants filed the petition before the CA without the OSG’s prior conformity, they cannot be faulted for relying on jurisprudence allowing them to assail the criminal aspect of the case through a petition for certiorari on the grounds of grave abuse of discretion and denial of due process. Hence, the Court should not dismiss their remedy. In any event, the OSG joined the cause of private complainants, and gave its conformity to the petition for certiorari that the private complainants filed before the CA.

 

Whether the RTC’s orders of acquittal valid.

NO. The CA properly struck down as a nullity the RTC's Joint Orders which simply copied the allegations of the accused in his motions for reconsideration and memoranda followed by a conclusion "that the prosecution miserably failed to overcome the legal presumption of innocence of the accused beyond cavil of reasonable doubt."  They contained neither an analysis of the evidence nor a reference to any legal basis for the conclusion. Thus, the Joint Orders are void for failure to meet the standard set forth in Section 14, Article VIII of the Constitution.

 

Whether Austria's right against double jeopardy was violated.

NO. The RTC orders, which simply copied the allegations of Austria in his motions for reconsideration and memoranda were not valid. Section 14, Article VIII of the Constitution expressly provides that "no decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. The failure to comply with the constitutional injunction is a grave abuse of discretion amounting to lack or excess of jurisdiction. As the RTC’s acquittal orders were void judgments, they have no legal effect and thus did not terminate the case. Hence, Austria’s right against double jeopardy was not violated.

 

 

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Homol y Romorosa v. People, G.R. No. 191039, [August 22, 2022]

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Homol y Romorosa v. People

 G.R. No. 191039, [August 22, 2022]

SECOND, LOPEZ, M.V 

Abuse of Confidence; Qualified theft; theft vs Estafa; Simple Theft

 

An Information must sufficiently allege the elements of the crime charged to avoid violating the accused's right to be informed of the nature and cause of the accusation; an accused cannot be convicted of an offense not charged in the Information. 

Dr. Jelpha Robillos hired Arlene Homol y Romorosa as a clinic secretary and also tasked her with collecting and remitting installment payments from jewelry customers. Arlene received P1,000.00 from Elena Quilangtang for a gold bracelet but did not remit the money to Dr. Robillos. After Arlene resigned, Dr. Robillos reminded Elena of the unpaid installments, and Elena claimed to have paid Arlene. Dr. Robillos filed a criminal complaint against Arlene for qualified theft. Arlene pleaded not guilty, insisting she remitted the money. While the Information designated the offense as qualified theft, both the RTC and CA convicted Arlene of estafa involving unfaithfulness or abuse of confidence.

 

Whether the Information, which charged Arlene with qualified theft, sufficiently alleged facts constituting estafa, and whether Arlene's conviction for estafa was proper. 

NO. The SC clarified the distinctions between theft and estafa, emphasizing that estafa involves receiving money in trust or under an obligation to deliver. The Information failed to establish that Arlene received the money in a fiduciary capacity or with juridical possession. Arlene, being a mere collector, had material possession, not juridical possession. Thus, the SC found the prosecution failed to prove estafa.

However, the SC determined that the Information sufficiently charged Arlene with qualified theft. The theft was established but the prosecution failed to establish the element of grave abuse of confidence necessary for qualified theft. The SC noted the lack of evidence proving a high degree of confidence or a relationship facilitating the taking of money. Therefore, Arlene is guilty of simple theft, and was sentenced to four months and one day imprisonment. The SC also imposed interest on the P1,000.00 actual damages awarded to Dr. Robillos.

 

 

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People v. Campos, G.R. No. 252212, [July 14, 2021]

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People v. Campos

 G.R. No. 252212, [July 14, 2021]

SECOND, LOPEZ, M.V 

Robbery with homicide; Totality of Circumstance 

In evaluating out-of-court identifications, the court must consider the totality of the circumstances, including factors such as the witness's opportunity to view the criminal, the degree of attention, accuracy of prior descriptions, time lapse between the crime and identification, level of certainty demonstrated, and the suggestiveness of the identification procedure. The case establishes that a positive identification, supported by these factors, can be deemed admissible and reliable. The positive identification of the accused by credible witnesses, if not tainted by suggestiveness or procedural flaws, prevails over defenses such as alibi and denial.

 

On April 20, 2003, around 8:00 p.m., Emeliza P. Empon (Emeliza), her boyfriend Eric Sagun (Eric), and neighbor Marilou Zafranco-Rea (Marilou) were in Emeliza's house. While having dinner, an armed man entered, took Emeliza's cellphone, and shot her in the chest, causing her death. Eric and Marilou reported the incident to the police, describing the suspect as "[m]edyo malaki katawan." Acting on information, the police found a man matching the description, arrested him, and recovered a .38 caliber firearm. The arrested man was identified as Roberto G. Campos (Roberto). Roberto pleaded not guilty, claiming he was at a friend's house during the incident. In his defense, Roberto's claims of police misconduct, lack of paraffin test results, and inconsistencies in eyewitness accounts. The RTC convicted Roberto of robbery with homicide based on Eric and Marilou's positive identification. The validity of the out-of-court identification made during a police lineup is the core issue in this appeal. 

 

Whether or not the out-of-court positive identification of Roberto as the perpetrator by Eric and Marilou is admissible and reliable. 

YES. The Court evaluates the out-of-court identification by considering various factors, including the witnesses' opportunity to view the criminal, their degree of attention, the accuracy of prior descriptions, the time lapse between the crime and identification, the level of certainty demonstrated, and the suggestiveness of the identification procedure. In this case, Eric and Marilou's identification satisfied these criteria. They had a good view of the assailant, demonstrated a high degree of attention, and immediately provided a description. The time lapse between the crime and identification was reasonable, and the witnesses were certain in their identification without evidence of suggestiveness.

Roberto's claims of police misconduct, failure to present paraffin test results, and inconsistencies in eyewitness accounts were dismissed. The Court emphasized that the positive identification of Roberto by the witnesses, along with their credibility, prevails over Roberto's alibi and denial. This case reaffirms the principle that the positive identification of the accused by credible witnesses, if not tainted by suggestiveness or procedural flaws, prevails over defenses such as alibi and denial. Eric's reaction during the incident, inconsistent with his military background, is considered a natural human response.

The Court affirmed the conviction for the special complex crime of robbery with homicide, stating that the killing was incidental to the robbery, and the intent to commit robbery is the primary objective. The penalty of reclusion perpetua was deemed appropriate, with adjustments made to the damages awarded in line with prevailing jurisprudence. Roberto is also directed to return the stolen item or pay its value.

 

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People v. Juada y Navarro, G.R. No. 252276, [November 11, 2021]

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People v. Juada y Navarro

 G.R. No. 252276, [November 11, 2021]

FIRST, LOPEZ, M.V

 

Aggravating Circumstance of Treachery; Robbery with homicide 

In robbery with homicide, the presence of treachery in killing the victim is considered as a generic aggravating circumstance in fixing the proper penalty and civil liability of the accused.

 

Jerrico Juada y Navarro (Jerrico) was charged with robbery with homicide before the Regional Trial Court (RTC) under Criminal Case No. 3948-M-2011. The information alleged that on December 18, 2011, in Bocaue, Bulacan, Jerrico, with intent to gain, by means of violence and intimidation, took cash and a firearm from Florante Garcia, resulting in Florante's death. Jerrico pleaded not guilty, and during the trial, the prosecution presented witnesses who testified about the incident and identified Jerrico as the perpetrator. The defense, on the other hand, presented alibi and denial as Jerrico's defenses. Jerrico was found guilty f or the crime of robbery with homicide by the RTC, relying on circumstantial evidence that formed an unbroken chain pointing to his guilt. The Court of Appeals (CA) affirmed the RTC's decision. 

 

Whether or not the circumstantial evidence presented by the prosecution establishes Jerrico's culpability beyond reasonable doubt. 

YES. The SC noted that while none of the witnesses saw Jerrico directly commit the crime, the cumulative effect of their testimonies formed a convincing and unbroken chain of events leading to Jerrico's guilt. The circumstantial evidence included eyewitness accounts of a man in specific clothing shooting Florante and fleeing on a motorcycle, later identified as Jerrico through a booking sheet. The police recovered Florante's belongings and the motorcycle allegedly used in the crime, linked to Jerrico through the motorcycle owner's testimony. Jerrico's apology to the motorcycle owner and inquiry about Florante's case also raised suspicions about his involvement.

The SC rejected Jerrico's defenses of denial and alibi, emphasizing the positive identification by credible witnesses and the lack of clear and convincing proof for the defenses. Robbery with homicide is a special complex crime, and the word “homicide” is used in its generic term, which may include murder or parricide as long as there is incidental killing on the commission of robbery. Furthermore, the SC clarified that the presence of treachery is only appreciated as generic aggravating circumstances, as there was no special complex crime of robbery with murder in the RPC. Robbery with homicide is punishable by death. However, due to RA No. 9346, the law that suspends the death penalty, the imposable penalty was reduced to reclusion perpetua without eligibility for parole. The SC affirmed the CA and RTC decisions on the penalty and civil liability, with the addition of temperate damages.

 

 

 

 

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Cacdac v. Mercado, G.R. No. 242731, [June 14, 2021]

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Cacdac v. Mercado

 G.R. No. 242731, [June 14, 2021]

SECOND, LOPEZ, M.V

 

Civil Liability despite Acquittal; Demurrer to Evidence without Leave of Court; Estafa 

When a demurrer to evidence is filed without leave of court and is granted, the accused is deemed to have waived the right to present evidence on both the criminal and civil aspects. In such cases, the trial court is called upon to decide the entire case based on the evidence presented by the prosecution. The required quantum of proof, preponderance of evidence, to establish civil liability, even when the criminal action is dismissed. 

On December 8, 2004, Roberto Mercado, a gasoline station owner, delivered 10,000 liters of diesel fuel worth P235,000.00 to Byron Express Bus Company through its clerk, Jaivi Mar Juson. Juson executed a trust receipt, committing to remit the proceeds on December 15, 2004. However, Juson failed to fulfill this obligation, prompting Mercado to file an estafa complaint against Juson and Byron Cacdac, the alleged owner of Byron Express. Mercado claimed that Cacdac ordered the fuel, while Juson received the delivery. The Regional Trial Court (RTC) instituted criminal charges against Cacdac and Juson under Article 315 paragraph 1(b) of the Revised Penal Code. At the trial, Mercado testified that Cacdac owned Byron Express but did not present supporting evidence. Cacdac, through a demurrer to evidence, argued that he was not criminally and civilly liable. The RTC dismissed the criminal case against Cacdac but held him civilly liable for P235,000.00. Dissatisfied, Cacdac moved for reconsideration, and the RTC clarified that his civil liability was only civil in nature. The Court of Appeals (CA) affirmed the RTC's findings with a modification in the interest computation.

 

Whether or not Byron Cacdac's civil liability was validly adjudged despite his demurrer to evidence and acquittal in the criminal aspect. 

NO. The Supreme Court granted the petition, reversing the CA's decision. It ruled that Cacdac's civil liability was not validly adjudged. The Court held that the trial court properly decided the civil aspect of the case as Cacdac filed a demurrer without leave of court. However, the evidence did not preponderantly establish Cacdac's civil liability. There was no conclusive proof that Cacdac ordered the diesel fuel or that Juson acted as his agent. The trust receipt agreement and demand letter implicated only Juson and Byron Express. The burden of proof rested on Mercado, and without adequate evidence, Cacdac could not be held liable for corporate obligations. The Court emphasized the need for preponderant evidence to establish civil liability, and since it was lacking, Cacdac's civil liability was deleted.

 

 

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Reyes, Jr. y De Los Reyes v. People, G.R. No. 244545 (Resolution), [February 10, 2021]

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Reyes, Jr. y De Los Reyes v. People

 G.R. No. 244545 (Resolution), [February 10, 2021]

SECOND, LOPEZ, M.V

 

Drug cases; Chain of Custody Rule; Required Witness during inventory and markings 

The constitutional right of the accused to be presumed innocent until proven guilty beyond reasonable doubt cannot be overridden by the presumption of regularity in the performance of duties by law enforcement. 

The Laoag City Police Station conducted a buy-bust operation targeting Franklin Reyes (Reyes), based on information from a police asset. During the operation, PO1 Irving Lorenzo acted as the poseur-buyer, and PO1 Jay Joemar Corpuz and other officers provided backup. Reyes was accused of selling and possessing methamphetamine hydrochloride (shabu). The police asset arranged a drug transaction, and when Reyes handed over the drugs to PO1 Lorenzo, a pre-arranged signal was given, leading to Reyes' arrest. During the inventory and photographing of seized items, there was a notable absence of an insulating witness from the National Prosecution Service or the media. The police conducted an inventory of the seized items in the presence of Barangay Kagawad Helen Bulaun only. Reyes denied the accusations, claiming he was alone in his apartment, and alleged that the police arrested him, beat him, and planted the drugs.

 

Whether or not the prosecution established the guilt of Reyes beyond reasonable doubt for the illegal sale and possession of dangerous drugs. 

NO. The Supreme Court reversed the Court of Appeals' decision, acquitting Reyes of the charges. The Court found a broken chain of custody, emphasizing the absence of an insulating witness during the inventory and photographing of the seized items. The chain of custody must be established to ensure the integrity and admissibility of seized drugs as evidence. It involves marking, turnover, and documentation at each stage, with the presence of insulating witnesses. The Court stressed that the presence of insulating witnesses is crucial to ensuring the integrity of the seized drugs. The absence of a representative of the National Prosecution Service or the media as an insulating witness to the inventory and photograph of the seized item puts serious doubt as to the integrity of the first link. Since the prosecution failed to provide a justifiable reason for the absence of the required witnesses and did not show earnest efforts to secure their attendance, the chain of custody was compromised. Law enforcers must strictly comply with prescribed procedures in drug-related operations, and any deviation may compromise the admissibility of seized items.

Also, the Court also highlighted the presumption of innocence, which cannot be overridden by the presumption of regularity in the performance of duties by law enforcers. Due to the lapses in handling the evidence, Reyes was acquitted, and the decision ordered his immediate release from detention.

 

 

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People v. Diega y Zapico, G.R. No. 255389 (Resolution), [September 14, 2021]

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People v. Diega y Zapico

 G.R. No. 255389 (Resolution), [September 14, 2021]

FIRST, LOPEZ, M.V

 

Rape; Conspiracy to Commit rape; Liability of Co-conspirator 

An accused is responsible not only for the Rape he personally committed but also for the other counts of Rape that his co-conspirators perpetrated although they were unidentified or are at large. Consistent with the rule that where there is a conspiracy, the act of one conspirator is the act of all.

 

Carlo Diega y Zapico, along with three unidentified individuals, was charged with the crime of rape under Article 266-A, Paragraph 1(a) of the Revised Penal Code. The charges stemmed from an incident on April 14, 2013, where the accused, allegedly conspiring together, forcibly had carnal knowledge with AAA, a 12-year-old minor, by means of intoxication. The prosecution presented evidence showing that AAA was invited for a drinking session, forcibly taken to a riverbank and a vacant lot, and raped successively by Carlo and his companions. Medical findings supported AAA's account. 

Carlo pleaded not guilty, denying the accusations and presenting an alibi defense. He claimed he went home early during the drinking spree and later returned to inform AAA that someone was looking for her. Carlo was found guilty by the Regional Trial Court (RTC), which imposed the penalty of reclusion perpetua and ordered him to pay damages to AAA. 

 

Whether Carlo's conviction for rape is valid considering his denial and alibi defenses, and the alleged inconsistencies in AAA's testimony. 

YES. The Court affirmed Carlo's conviction for rape. It emphasized that the assessment of AAA's credibility was best left to the trial court, which had the opportunity to observe her demeanor. The Court found no substantial inconsistencies in AAA's testimony regarding the identity of her rapists. It held that Carlo's denial and alibi were uncorroborated and insufficient to overcome AAA's positive identification. An uncorroborated denial and alibi defenses are self-serving and undeserving of weight in law unless supported by clear and convincing proof. The accused's failure to provide evidence that it was physically impossible for him to be present at the crime scene weakens these defenses.

Likewise, the Court properly appreciated the existence of the conspiracy. Jurisprudence consistently teaches us that conspiracy may be deduced from the mode and manner in which the offense was perpetrated, showing that at the time of the commission of the offense, all the perpetrators have the same purpose and were united in its execution. The records show that Carlo and his three (3) companions successively raped AAA and that while one of them had carnal knowledge of the victim, the others held her arms and kept her from struggling. Viewed in its totality, the individual participation of each perpetrator pointed to a joint purpose and criminal design. Carlo and his three companions, are thus responsible for all four counts of rape. The penalty of reclusion perpetua for each count and the award of damages were affirmed, with Carlo held solidarily liable for each count.

 

 

 

 

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