CRIMINAL LAW: CONSPIRACY; MAY BE INFERRED FROM ACTS OF THE ACCUSED Direct proof is not essential to establish conspiracy

as this may be inferred from the acts of the accused before, during and after the commission of the crime which, indubitably, point to and are indicative of a joint purpose concert of action and community of interest. ESTABLISHMENT OF CONSPIRACY; DIRECT PROOF NOT ESSENTIAL Direct proof is not essential to establish conspiracy as this may be inferred from the acts of the accused before, during and after the commission of the crime whuch indubitably, point to and are indicative of a joint purpose, concert of action and community of interest. PERSONS CRIMINALLY LIABLE; PRINCIPALS One who participates in the material execution of the crime by standing guard or lending moral support to the actual perpetrator is criminally responsible to the same extent as the latter. SELF-DEFENSE; DUTY OF ACCUSED TO ESTABLISH EVIDENCE In self-defense the burden of proof rests upon the accused. His duty is to establish by sufficient, satisfactory and convincing evidence the following re uisites! "a# unlawful aggression on the part of the victim$ "b# reasonable necessity of the means employed to prevent or repel it$ and, "c# lac% of sufficient provocation on the part of the person defending himself. AGGRAVATING CIRCUMSTANCE OF RELATIONSHIP; AWARD OF EXEMPLARY DAMAGES IN CRIME OF RAPE &he relationship of stepfather or stepmother and stepson or stepdaughter is included by analogy as similar to that of ascendant and descendant, and where appreciated as an aggravating circumstance in rape, the award of exemplary damages, in addition to moral damages, is proper. TREACHERY; UNEXPECTED AND SUDDEN ATTACK 'n unexpected and sudden attac% under circumstances which render the victim unable and unprepared to defend himself by reason of the suddenness and severity of the attac% constitutes alevosia, and the fact that the act was frontal does not preclude the presence of treachery. PRESENCE OF TREACHERY. &here is treachery where the victim, soa%ed in his own blood, defenseless, and calling for help, wea%ened and dying, was still attac%ed, thus employed means to insure or afford impunity. TREACHERY; REQUISITES. (or treachery to be present, two conditions must concur, namely, "a# the employment of means of execution that gives the personnattac%ed no opportunity to defend himself or retaliate, and "b# the means of execution was deliberately or consciously adopted.

DUE PROCESS; ACCUSED MUST BE INFORMED OF THE ACCUSATION AGAINST HIM. In a criminal case, due process re uires that, among others, the accusation be in due form, and that notice thereof and an opportunity to answer the charge be given the accused$ hence, the constitutional and reglementary guarantees as to accused)s right *to be informed of the nature and cause of the accusation against him.* 'n accused should be given the necessary data as to why he is being proceeded against and not be left in the unenviable state of speculating why he is made the object of a prosecution, it being the fact that, in criminal cases, the liberty, even the life, of the accused is at sta%e. It is always wise and proper that the accused be fully apprised of the charge against him in order to avoid any possible surprise that may lead to injustice. AGGRAVATING CIRCUMSTANCES; TREACHERY It has been repeatedly held by this +ourt that there exists the ualifying circumstance of treachery when one ta%es the life of a person who is asleep. 's for a victim who had just awa%ened when attac%ed, there was also treachery *because the victim, who may still be da,ed and unprepared for the attac%, would not be in a position to offer any ris% or danger of retaliation to the attac%er. ESTAFA;WHEN PERIOD OF PRESCRIPTION COMMENCES TO RUN &he period of prescription commences to run from the date of the commission of the crime if it is %nown at the time of its commission. &hus, if there is nothing that was concealed or needed to be discovered, because the entire series of transactions was by public instruments, duly recorded, the crime of estafa committed in connection with said transaction was %nown to the offended party when it was committed and the period of prescription commenced to run from the date of its commission. AGGRAVATING CIRCUMSTANCES; PREMEDITATION; HOW APPRECIATED. -remeditation cannot be appreciated if the evidence does not show when the plan to %ill was hatched, or how much time had elapsed before it was carried out. &here must be a basis for determining whether the accused had sufficient time between the inception of the plan and its fulfillment to dispassionately consider and accept its conse uences. AGGRAVATING CIRCUMSTANCES; TREACHERY; MUST BE PRESENT AT INCEPTION OF ATTACK. It is a fundamental rule of long standing that for treachery to be appreciated, that circumstance must be present at the inception of the attac%, and if absent and the attac% is continuous, treachery, even if present at a subse uent stage, is not to be considered. &hat the final fatal blows may have in truth been delivered under conditions exhibiting some features of treachery does not remedy the fact that the prosecution failed to prove the existence of treachery at the onset of the attac%. AGGRAVATING CIRCUMSTANCES; TREACHERY

&he +ourt a uo properly appreciated the aggravating circumstance of treachery which ualified the crime to murder. It was clearly established that the accused-appellant fired six successive shots on the victim, suddenly, without warning, and from behind, giving the victim no chance to flee or to prepare for his defense or to put up the least resistance to such sudden assault. &here is treachery when the means, manner or method of attac% employed by the offender offered no ris% to himself from any defensive or retaliatory act which the victim might have ta%en. PROBATION; DEFINITION; OBJECTIVE. -robation is not a right of an accused but a mere privilege, an act of grace and clemency or immunity conferred by the state, which may be granted to a seemingly deserving defendant who thereby escapes the extreme rigors of the penalty imposed by law for the offense for which he was convicted. &he primary objective in granting probation is the reformation of the probationer. +ourts must be meticulous enough to ensure that the ends of justice and the best interest of the public as well as the accused be served by the grant of probation. CRIMINAL LAW:AGGRAVATING CIRCUMSTANCES;NIGHTTIME;WHEN ABSORBED IN TREACHERY. .ighttime or nocturnity was absorbed in treachery since it was evidently an integral part of pecuIiar treacherous means and manner adopted to ensure the execution of the crimes or that it facilitated the treacherous character of the attac%. CRIMINAL LAW:MERE ALIBI AND DENIAL CANNOT OVERCOME POSITIVE IDENTIFICATION OF ACCUSED. In the face of the clear and positive testimony of the prosecution witness regarding the participation of the accused in the crime, the accused)s alibi dwindles into nothingness. &he positive identification of the accused by the witness as the perpetrator of the crime cannot be overcome by the mere denial of the accused. /uch positive identification of the accused that he %illed the victim establishes the guilt of the accused beyond moral certainty. CRIMINAL LAW:RAPE; ESSENTIAL THAT FORCE USED IS SUFFICIENT TO CONSUMATE PURPOSE; ABSENCE OF PHYSICAL INJURIES DOES NOT NEGATE ITS COMMISSION. It need not be over-emphasi,ed that force or violence re uired in rape cases is relative. 0hen applied, it need not be too overpowering or irresistible. 0hat is essential is that the force used is sufficient to consummate the purpose for which the offender had in mind or to bring about the desired result. In fact, even the absence of external signs of physical injuries does not negate the commission of the crime of rape. CRIMINAL LAW:B.P. 22; BOUNCING CHECKS LAW; ELEMENTS &he elements of the offense penali,ed under 1.-. 1lg. 22 are! "3# ma%ing, drawing, and issuance of any chec% to apply to account or for value$ "2# %nowledge of the ma%er, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee ban% for the payment of the chec% in full upon its presentment$ and "4#

subse uent dishonor of the chec% by the drawee ban% for insufficiency of funds or credit, or dishonor of the chec% for the same reason had not the drawer, without any valid cause, ordered the ban% to stop payment. &he ma%er)s %nowledge is presumed from the dishonor of the chec% for insufficiency of funds. CRIMINAL LAW:RAPE; TESTIMONY OF VICTIM CREDIBLE WHERE SHE HAD NO MOTIVE TO TESTIFY FALSELY AGAINST ACCUSED. &he testimony of the complainant on how she was forcibly ta%en from her home and brought to a deserted hut, about half a %ilometer away, and then raped twice, is credible and we find nothing unusual or improbable in it. Her testimony appears to be straightforward and consistent and she had no motive to testify falsely against the appellant. &his +ourt has consistently held that the testimony of a rape victim as to who abused her is credible where she had no motive to testify falsely against the accused. 0e need not also belabor the rule that no (ilipino girl would publicly admit that she had been ravished unless this is the truth for her natural instinct is to protect her honor and future. CRIMINAL LAW:PROBATION; DISCRETIONARY UPON THE COURT. -robation is a just privilege the grant of which is discretionary upon the court. 1efore granting probation, the court must consider the potentiality of the offender to reform, together with the demands of justice and public interest, along with other relevant circumstances."1ernardo v. 1alagot, 235 /+6' 527.# &he courts are not to limit the basis of their decision to the report or recommendation of the probation officer, which is at best only persuasive. CRIMINAL LAW:ESTAFA; ATTEMPTED ESTAFA. 'lthough one of the essential elements of estafa is damage or prejudice to the offended party, in the absence of proof thereof the offender would at least be guilty of attempted estafa. 'ppellant commenced the commission of the crime of estafa but he failed to perform all the acts of execution which would produce the crime, not by reason of his own spontaneous desistance but because of his apprehension by the authorities before he could obtain the amount. /ince only the intent to cause damage and not the damage itself has been shown, respondent court correctly convicted appellant of attempted estafa. CRIMINAL LAW:RAPE; EVIDENCE MUST BE CLEAR AND CONVINCING; IF REASONABLE DOUBT EXISTS VERDICT MUST BE ACQUITTAL. 6ape is an accusation easy to ma%e, hard to prove but harder to defend by the accused, though innocent. &he evidence for the prosecution must be clear and convincing to overcome the constitutional presumption of innocence. 6ape is an offense to which, as is often the case, only two people can testify, thus re uiring the most conscientious effort on the part of the arbiter to weigh and appraise the conflicting testimonies. If a reasonable doubt exists, the verdict must be one of ac uittal. CRIMINAL LAW:ESTAFA; DECEIT DEFINED 1asically, the two essential re uisites of fraud or deceit and damage or injury must be established by sufficient and competent evidence in order that the crime of estafa may be established. Deceit is the false representation of a matter of fact "whether by words or

conduct, by false or misleading allegations, or by concealment of that which should have been disclosed# which deceives or is intended to deceive another so that he shall act upon it to his legal injury. &he fact that appellant was the possessor and utterer of the chec%s in uestion and having benefited from the subse uent withdrawals, as well as having attempted to gain by trying to withdraw an amount thereon, the inevitable conclusion would be that he was the one who falsified said chec%s. Ineluctably, the use of the spurious chec%s is by itself fraud or deceit. CRIMINAL LAW:ROBBERY; CONSPIRACY TO COMMIT; ALL THOSE WHO PATICIPATED ARE LIABLE. 0hen the conspiracy to commit the crime of robbery was conclusively shown by the concerted acts of the accused and homicide was committed as a conse uence thereof, all those who participated are liable as principals in the robbery with homicide, although they did not actually ta%e part in the homicide, unless it appears that they attempted to prevent the %illing. &he uestion as to who actually robbed or who actually %illed is of no moment since all of them would be held accountable for the crime of robbery with homicide. CRIMINAL LAW:SELF-DEFENSE; NATURE AND REQUSITES. &he validity of self-defense is premised on the impossibility on the part of the /tate to at all times prevent aggression upon its people. (ounded in the human instinct to protect, repel and save one)s person from impending danger or peril, the right of self-defense justifies measures ta%en by one who is attac%ed and placed in a situation where he either has to forfeit his life or has to ta%e the life of his assailant. .evertheless, the application of this justifying circumstance, in this context, re uires a clear showing 3# that the victim has committed unlawful aggression amounting to actual or imminent threat to the life and limb of the person claiming self defense$ 2# that there be reasonable necessity in the means employed to prevent or repel the unlawful aggression$ and 4# that there be lac% of sufficient provocation on the part of the person claiming self-defense or, at least, that any provocation executed by the person claiming self-defense be not the proximate and immediate cause of the victim)s aggression. CRIMINAL LAW:ROBBERY; CONSPIRACY TO COMMIT; ALL THOSE WHO PATICIPATED ARE LIABLE. 0hen the conspiracy to commit the crime of robbery was conclusively shown by the concerted acts of the accused and homicide was committed as a conse uence thereof, all those who participated are liable as principals in the robbery with homicide, although they did not actually ta%e part in the homicide, unless it appears that they attempted to prevent the %illing. &he uestion as to who actually robbed or who actually %illed is of no moment since all of them would be held accountable for the crime of robbery with homicide. CRIMINAL LAW:REQUISITES FOR CONVICTION OF AN ACCUSED BASED ON CIRCUMSTANCIAL EVIDENCE. On the matter of conviction of the accused based on circumstantial evidence, the following re uisites need to be satisfied! "3# there must be more than one circumstance$

"2# the facts from which the inferences are derived are proven$ and "4# the combination of all the circumstances is such as to produce a conviction beyond a reasonable doubt. Or, as jurisprudentially formulated, a judgment of conviction based on circumstantial evidence can be upheld only if the circumstances proven constitute 8an unbro%en chain which leads to one fair and reasonable conclusion which points to the defendant, to the exclusion of all others, as the guilty person, i.e. the circumstances proved must be consistent with each other, consistent with the hypothesis that the accused is guilty, and at the same time inconsistent with any other hypothesis except that of guilty.9 CRIMINAL LAW:AGGRAVATING CIRCUMSTANCES; DWELLING; WHEN CONSIDERED AGGRAVATING. Dwelling aggravates a felony where the crime was committed in the dwelling of the offended party if the latter has not given provocation or if the victim was %illed inside his house. Dwelling is considered aggravating primarily because of the sanctity of privacy the law accords to human abode. He who goes to another)s house to hurt him or do him wrong is more guilty than he who offends him elsewhere. 'lthough accused-appellant was outside of the house when he fired, the victim was inside his house. (or the circumstance of dwelling to be considered, it is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense$ it is enough that the victim was attac%ed inside his own house, although the assailant might have devised means to perpetrate the assault from the outside. CRIMINAL LAW:ARTICLE ! OF THE REVISED PENAL CODE; REQUISITES. :nder 'rticle ; of the 6evised -enal +ode, criminal liability shall be incurred *by any person committing a felony "delito# although the wrongful act done be different from that which he intended.* 1ased on the doctrine that *el ue es causa de la causa es causa del mal causado* "he who is the cause of the cause is the cause of the evil caused#, the essential re uisites of 'rticle ; are! "a# that an intentional felony has been committed, and "b# that the wrong done to the aggrieved party be the direct, natural and logical conse uence of the felony committed by the offender. CRIMINAL LAW:DEFENSE OF DENIAL; CANNOT PREVAIL OVER POSITIVE IDENTIFICATION. His defense is one of mere denial, and we have time and again held that denial can not prevail over positive identification. 'nd so also, that credibility of witnesses is left to the sound discretion of the judge and in accepting one testimony and rejecting another, he can not be overturned by the appellate tribunal unless he has seriously abused his discretion. CRIMINAL LAW:ACTS OF LASCIVIOUSNESS; ELEMENTS. -etitioner<s acts of lying on top of the complainant, embracing and %issing her, mashing her breasts, inserting his hand inside her panty and touching her sexual organ, while admittedly obscene and detestable acts, do not constitute attempted rape absent any showing that petitioner actually commenced to force his penis into the complainant<s sexual organ. 6ather, these acts constitute acts of lasciviousness. &he elements of said crime are! "3# that the offender commits any act of lasciviousness or lewdness$ "2# that it is 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 is under 32 years of age$ and "4# that the offended party is another person of either sex. CRIMINAL LAW:MISAPPROPRIATION OF FUNDS; PRESUMPTION MAY BE BASIS OF CONVICTION; REBUTTAL OF PRESUMPTION. 'rticle 23= of the 6evised -enal +ode ma%es clear that *failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authori,ed officer,* merely gives rise to a prima facie presumption *that he has put such missing finds or property to personal use.* ' conviction may be founded on the presumption notwithstanding that there is no direct evidence of misappropriation, if the public officer fails to satisfactorily explain the shortage in his accounts. 1ut the presumption, being merely prima facie, may be rebutted and destroyed by competent proof that the accountable officer has not in truth put the funds or property in uestion to personal use. CRIMINAL LAW:PROXIMATE LEGAL CAUSE; DEFINED. -roximate legal cause is defined as *that acting first and producing the injury, either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately effecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom. CRIMINAL LAW:ROBBERY WITH HOMICIDE; CONVICTION THEREOF; HOW MADE. It is settled that in order to sustain a conviction for the crime of robbery with homicide, it is imperative that the robbery itself be proven as conclusively as any other essential element of a crime. In the absence of such proof, that %illing of the victim would only be simple homicide or murder, depending on the absence or presence of ualifying circumstances. CRIMINAL LAW:CRIMINAL PROSECUTIONS; REINVESTIGATION; OPTIONS OF THE OMBUDSMAN. In criminal prosecutions, a reinvestigation, li%e an appeal, renders the entire case open for review. It matters not that the complainants did not see% a reinvestigation or reconsideration of the dismissal of the charges against petitioners. +onsistent with its independence as protector of the people and as prosecutor to ensure accountability of public officers, the Ombudsman is not and should not be limited in its review by the action or inaction of complainants. On the other hand, it is clear from /ection 35 of 6.'. 7==> that the Ombudsman may motu proprio conduct a reinvestigation to assure that the guilty do not go unpunished. CRIMINAL LAW:FALSIFICATION OF PUBLIC DOCUMENT; MAY BE A MEANS OF COMMITTING ESTAFA.

&he falsification of a public document may be a means of committing estafa because before the falsified document is actually utili,ed to defraud another, the crime of falsification has already been consummated, damage or intent to cause damage not being an element of the crime of falsification of public, official or commercial documents. &he damage to another is caused by the commission of estafa, not by the falsification of the document, hence, the falsification of the public, official or commercial document is only a necessary means to commit the estafa. CRIMINAL LAW:DRUG-PUSHING; MAY BE COMMITTED ANYTIME AND ANY PLACE. Drug-pushing when done on a small level as in this case belongs to that class of crimes that may be committed at anytime and at any place. 'fter the offer to buy is accepted and the exchange is made, the illegal transaction is completed in a few minutes. &he fact that the parties are in a public place and in the presence of other people may not always discourage them from pursuing their illegal trade as these factors may even serve to camouflage the same. Hence, the +ourt has sustained the conviction of drug pushers caught selling illegal drugs in a billiard hall "-eople v. 6ubio, ?.6. .o. 77@=5, Aune 3B, 3B@7, 3;2 /+6' 42B$ in front of a store$ along a street at 3!;5 p.m. "-eople v. &oledo, ?.6. .o. 7=7>B, .ovember 22, 3B@5#, and in front of a house "-eople v. -olicarpio, ?.6. .o. 7B@;;, (ebruary 24, 3B@@#. CRIMINAL LAW:REAL NATURE OF CRIME NOT DETERMINED BY TECHNICAL NAME BUT BY THE FACTS RECITED IN THE COMPLAINT. /ince rape and homicide co-exist in the commission of robbery, the offense committed by the appellants is the special complex crime of robbery with homicide, aggravated by rape, punishable under -aragraph 3 of 'rticle 2B; of the 6evised -enal +ode "6-+#. It does not matter if the technical name assigned to the offense is rape with homicide and with robbery in band, for the real nature of the crime charged is determined not by the title of the complaint, nor by the specification of the provision of the law alleged to have been violated, but by the facts recited in the complaint or information. "/ee -eople v. Oliviera, 7= -hil. ;2= C3B4BD# 's the acts constituting robbery with homicide were clearly set forth in the complaint and proven during trial, then the appellants may be held liable for such crime, regardless of the erroneous designation of the offense. CRIMINAL LAW:CONSPIRACY; DEFINITION; SUFFICIENCY OF INDICTMENT FOR CONSPIRACY. +onspiracy denotes an intentional participation in a criminal transaction, with a view to the furtherance of a common design and purpose. It imputes criminal liability to an accused for the acts of another or others, regardless of the nature and extent of his own participation. In a conspiracy, the act of one becomes the act of all and the particular act of an accused becomes of secondary relevance. &hus, it is essential that an accused must %now from the information whether he is criminally accountable not only for his acts but also for the acts of his co-accused as well. 'n indictment for conspiracy is sufficient if! "3# it follows the words of the statute creating the offense and reasonably informs the accused of the character of the offense he is charged with conspiring to commit$ or "2# following the statute, contains a sufficient statement of an overt act to effect the object of

the conspiracy$ or "4# alleges both the conspiracy and the contemplated crime in the language of the respective statutes defining them. CRIMINAL LAW:BAIL; LATITUDE OF COURT IN FIXING AMOUNT. &he court has wide latitude in fixing the amount of bail. 0here it fears that the accused may jump bail, it is certainly not precluded from installing devices to ensure against the same. Options may include increasing the bail bond to an appropriate level, or re uiring the person to report periodically to the court and to ma%e an accounting of his movements. CRIMINAL LAW:RAPE; NOT NECESSARY THAT FORCE AND INTIMIDATION EMPLOYED COULD NOT BE RESISTED. It has been held in one case that for rape to exist, it is not necessary that the force and intimidation employed in accomplishing it be so great or of such character as could not be resisted. It is only necessary that the force or intimidation be sufficient to consummate the purpose which the accused had in mind. &he intimidation must be judged in the light of the victim<s perception and judgment at the time of the commission of the crime, and not by any hard and fast rule.