summary of criminal law 1 cases for article 11 rpc justice cabotaje tang

5/21/2018 Summary of Criminal Law 1 Cases for Article 11 RPC Justice Cabotaje Tang

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REVISED PENAL CODEArticle 11: Justifying Circumstances

Cases Summarized

TITLE CHARACTERS FACTS RULING

SELF-DEFENSEExequiel Senoja vs. PeopleCallejo, Sr., J.

19 October 2004

Leon LumasacdiedMiguel Lumasac

brother of thedeceased

HutTwo-phased event; drunk; Senoja sided

with Miguel instead of Leon; kolonyalknife

RTCHomicideCAHomicide

SCHomicide*Unlawful aggression hadceased after the aggressorwalked away in the first pha

People vs. Victoriano M.AbesamisCorona, J.28 August 2007

Ramon VillospotterRodel Abesamisbrother of the accusedRogelio Mercadoopponent of Victoriano

Rotation/ BilliardsSpotter scored the last ball to the wrongplayer which resulted to fist-fight then tostabbing in the chest using a butchersknife; Ford Fiera; Andoks; Villo died.

RTCHomicideCAMurder(qualified bytreachery because the victimwas unarmed and defenseleSCMurder; Parole denie*No unlawful aggression*Nature of the wounds inflic= intent to kill

People vs. Hever PaulinoYnares-Santiago, J.18 November 2003

LeonardaPaulinoaunt of the accusedMylene and Joydaughters of Leonarda

Rock/ Glass of waterLeonarda gave Hever water then askedhim to go home because his fathermight be looking for him; Leonarda andJoy fetched Mylene in grannys house;Hever two meters behind threw stoneatLeonardas head causingunconsciousness; brought to twohospitals; fatal, no surgical interventioncould save her; died due to heart attackand traumatic injury.

RTCMurder (qualified bytreachery because the victimwas unarmed anddefenseless); reclusionperpetuaSCAffirmed in toto*Testimony of the daughter credible*No unlawful aggression onpart of the victim

People vs. Clemente CastaBrion, J.16 September 2008

DaniloCambadied*They were four(including Camba)walking when thestabbing happened

PangasinanOut of nowhere, Casta stabbed Cambanear the heart with a double-bladedknife. (Castas version: he was boxedby a person he did not know, whohappened to be Camba, and walkedaway after noticing that his knife isalready coated with blood)

RTCMurder(qualified bytreachery because the victimwas unarmed and defenseleCAMurderSCMurder; modified theaward of damages*Prosecutions witnesses wecredible; no motive to falselytestify*No unlawful aggression. Infact, Casta was the aggress*Sudden and surprise attack

Peter Tarapen vs. PeopleChico-Nazaro, J.28 August 2008

James Pangodenflower vendor; diedVirginia Costaleseggplant vendorJimmy PugoydriverEdmond Ferrergarbage picker

Dump Truck/ ShovelHilltop Market; overran-eggplants thrownto Pangodens flowers = angered him;altercation; Tarapen hit Pangoden twicein the head with a steel shovelfromFerrer then ran away; brought to twohospitals; after operation, brought home

no chance to live; (Tarapens version:he was helping an old woman carry thesack when all of sudden Pangodenpunch him on the right ear whichresulted to hearing loss [med: couldhave started years before])

Initially charged with frustrahomicide but Pangoden dielater after filing a complaint RTCRTCHomicideCAHomicideSCHomicide


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Nemrod Gotis vs. PeopleVelasco, Jr., J.14 September 2007

Serafin GotisdiedNahom GotisNemrods brother,owner of the house

Coco PlantationUsed bolo; two-phased event; not acontinuing circumstance becauseSerafin ran away

RTCHomicideCAHomicide; provocatidenied as mitigatingcircumstance (mc)SCHomicide; provocatiogranted as mc

Noel Guillermo vs. PeopleBrion, J.30 June 2008

Winnie AlondiedVicente Alonwas hitby two beer bottles

Arnel Sociaschallenged by WinnieJoemar Palmaconspirator

Chainsaw/ Bar-restoAlon challenged Arnel Socias in cuttingof woods; altercation; Guillermo huggedWinnie and stabbed him 3x on the neckwith balisong(Batangas knife), Joemarhelped in stabbing once

RTCHomicideCAHomicideSCHomicide*Incomplete self-defense(unreasonable necessity ofmeans)

Rodel Urbano vs. PeopleVelasco, Jr., J.20 January 2009

Brigido Tomeldendied

Lucky PunchDrunk beer in a restaurant; Urbanoreacted on Tomeldens insults; fistfightwhere Urbano landed a lucky punchwhich causes Tomeldensnose to bleed;back and forth to the hospital due todizziness and vomiting, etc then died

RTCHomicideCAHomicideSCHomicide*Lucky punch established athe proximate cause of deat*Provocation as mitigatingcircumstance

US vs. Jose Laurel Exequiel CastilloaliveConcepcion LatLucio VillacaughtLaurel

KissNakaw na halik; Laurel asked abouthis letters to Concepcion; Laurel struckCastillo twice with aknife, one in thechest; Castillo used his caneasdefense; (Laurels version: Laurel withcousins; Laurel was informed thatCastillo wanted to talk to him; met andLaurel was asked about the kiss;Concepcion was fickle and prodigal;Castillo hit Laurel with his cane; Laurelknifed back and run but was caught)

CFIFrustrated MurderSCAcquitted*Self-defense because Castinstigated the fight using hiscane

People vs. NarcisoCabungcal

Juan Loquenariodied

Anastasia Penaojassteering the other boat

BoatPicnic; boat steered by Cabungcalincludes 9 persons (with his wife andson); rocked the boatdo not do it;rocked the boat 2struck the ear withan oarfell onto the water; rocked theboatstruck the neck with the same oar

submerged but never surfaced again

CFIHomicideSCAcquitted*Defense of relatives andstrangers

People vs. Dioscoro Alconga- guard

Silverio BariondiedMaria Raposoopponent

Blackjack/ BreakfastTeamwork happened between Barionand Raposo; Heres your brekky! witha swing of pingahan; bang1avoided,bang2failed, bang3fired back;Barion got his dagger and directed ablow but was blocked by Alconga withhis bolo; fistfight; Barions flight but

Alconga followed and struck a mortalbolo blow on Barions headdied.

CFIHomicideSCHomicide*Two-phased event*Flight of adversary*Provocation as mitigatingcircumstance

People vs. Remedios DelaCruz

Francisco Riverafianc, died

WakeDark; stabbed Rivera in the chestrightto honorusing a pocket knife;(Bautistas version: sudden blow underthe guava tree due to jealousy asagainst Felicisima Sincaban)

CFIHomicideSCAcquitted*Self-defense as the right tohonor*Mistake of fact (US vs AhChong)


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People vs. Avelina andNicolas JaurigueDe Joya, J.21 February 1946

Amado CapinadiedLieutenant Lozada

ChurchFan knife

CFIMurderSCHomicide*Self-defense as the right tohonordebunked*Mitigating circumstances:surrendered, admitted thekilling, and no intention to ki

People vs. Jose EncomiendaMakasiar, J.18 August 1972

Severino CabraldiedNo witnesses

Wooden BoxCabralrevolverEncomiendaBolo

CFIMurderSCAcquitted*Self-defense

People vs. CunigundaBoholst-CaballeroMunoz Palma, J.25 November 1974

Francisco Caballerohusband of theaccused, died

CarollingCanigunda thrust the aggressorhusband with a hunting knifefrom thelatters pocketPosition of the wound: husbands leftside above the thigh NOT at the back

CFIParricideSCAcquitted*Self-defense

DEFENSE OF RELATIVE

People vs. Virgilio CaabayCallejo, Sr., J.25 August 2003

Paulino and AliguerUrbanofather andson, died

Adelina UrbanomotherCaabay Brothers:Esteban, Rodrigo,Valentino, Isidro

Land disputeBoloPiece of wood

RTCTwo counts of murddeathCAAffirmedSCTwo counts of murdereclusion perpetua(qualifycircumstance of abuse ofsuperior strength)*Defense of a relativedebunked

People vs. Salva (Brothers)Quisumbing, J.10 January 2002

Palmero Milanesdriver, diedSPO1 Mariano Cura

stabbed in thestomach, aliveFerdinandstrangle

AlexandershootRolitono participation

JeepneyKnifeRevolver

RTC(A) Murder, (F)Homicide, (R) AcquittedSC(A) Homicide, (F)Frustrated Homicide*RTC(A) FrustratedHomicide, (F&R) Acquitted*SC(A) FrustratedHomicide

DEFENSE OF STRANGER

Jovito Cabuslay vs. People Paquito Umas-asvendor of jacket, etc.Regenciacheckpoint, asked forthe IDCanay, Cabuslay,Montebon, and Cane

HammerMotorcycle RiderM-16

SandiganbayanHomicidSCHomicide*No reasonable necessity aunlawful aggression

Doroteo Tobes vs. PeoplePardo, J.05 October 2001

Joel EscarealdiedWilfredo Pollentesflight, first aggressor

AM Disco HouseTwo-phased event: (1) Pollentes vsEscarealaggressor Pollentes shot byEscareal after he boxed the latter thenran away; (2) Escareal vs TobesTobes shot Escareal when there was nomore aggression on the part of the latter

RTCHomicideCAHomicideSCHomicide

STATE OF NECESSITY

People vs. Jesus G.Retubado

Emmanuel Canon Jr.pulled the prankEmmanuel Sr.diedNorberta CanonwifeEdwin Retubadomentally-illed brother

Pedicab/ Special ChildRevolver

RTCMurderSCHomicide (no treache


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FULFILLMENT OF DUTY

Pat. Edgardo Herrera andPat. Redentor Marianovs. Sandiganbayan

Shi Shu Yang andGeorge GoCristina Winterhalterwitness, binocularsMarianodriver, noteHerrerapassengersseat, sure shot,brought the cadaverback in the carBarrerabanger,brought the victims out

Alcaldebrought thevictims out

Solicitation/ BinocularsTwenty Pesos and two shirtsTimothy Street, Muntinational Village,Paranaque

SandiganbayanTwo couof Murder(Herrera and Mariano appeainvoking self-defense)SCTwo counts of Murde*Unlawful aggression wasnestablished; thus, the otherrequisites cannot stand

Rufino Mamangun vs. People Diaz and Cruzotherpolicemen whomMamangun were withduring the searchContrerasdied

Aysonwitness

RooftopSteel barHindi ako, hindi ako!

SandiganbayanHomicidSCHomicide

People vs. Rolando Daganiand Santiano

Ernesto Javierdied PNRSantiano shot Javier

RTCMurderCAMurderSC(S) Homicide; (D)Acquitted(no conspiracy)

COMPLIANCE WITH SUPERIOR ORDER

Luis Tabuena and AdolfoPeralta vs. PeopleFrancisco, J.17 February 1997

Manila InternationalAirport AuthorityTabuenageneralmanagerPeraltaactingfinance servicesmanagerGerardo Dabaoassistant generalmanagerPhilippine NationalConstructionCorporation (PNCC)President MarcossuperiorMrs. Gimenezsecretary of PMarcos

Tabuena + Dabao = 25MTabuena + Dabao = 25MTabuena + Peralta = 5MMemorandumMIAAs obligation to PNCC

SandiganbayanMalversation of FundsSCAcquitted*Order by a superior*Mistake of fact committed igood faith*Liability should only beadministrative or civil in natuNOT of criminal

summary of criminal law 1 cases for article 11 rpc justice cabotaje tang

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